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City Council Packet - 06/09/1998 • CITY OF TIGARD OREGON TIGAR CITY COUNCIL MEETING JUNE 90 1998 COUNCIL MEETING WILL RE TELEVISED ladm%jotccpktt . doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 <y°yyff;; fi..... `<~0j,.•,x•'•f'":'+.: <Ff'• •.k MIII>illl •'~',r..r ` ?~i`f¢;aa,'r `ij3fie~N. .;;>r•,".,Y,F,,.,dc•'.; I• y~>"x: ,;.o-,:i%vt :,c.^;f}a•: j~'>~`%`'7i•'~ ;?.'F•~.. ri}F! fs!nN':'d"•:;: ~wFY: r.,. k: 1 $fr 9'•+;i:'~t,;<;f;'.g. f:: i6%: {F..~..w:.":.r, '/:'S'i:r••:r.'~f;'.: ~fS'• cr.:'a•'.'1,.f/~:`V~"•. CITY OF TIGARD 1~ 'I Imo'< ',3,<ynSt:r•~.•,':'•,y'C:".s':r:::S~r`~u~.7•T.'S a .„,q r .ice<~;:.:r.<r,:.•,a •;~r:<::.rf:><:,':•N<..:;::, :r, X? . fti . • a as g g ~jJ~ :'.$.::,f:,:a:~.'w`.t.'::f:.•`C:,'+,::kt..%rlfi',,5:%•.•<fk:.,+Jf°,tfS°:~irr4'a'f.~iiy.kt3;, {z'%a",f~:ri:;:S~w{.:is iY:9,:iSn...'¢!.<2:'.:f?j',v::°::,?},;•c:'r'.',G'',•y'•.{' r.. ..,,c..<~'':',•Y': #i: :<r.{ :)<:f.';: ..rf^:5•:k{~'::hif%1;.2 "'w:Y': G} i ::%i,.t;a.'j...:;af•,;:ir.'•..k.::::::::•::f.+rr:'::":?c:r }`'y.•u,if. .r•rt:%Sr:r •s}r.'''< :k, .3ka?;: :<i :i 'b2 St{° ',{.k;:.• g... rif:Y 'S'•2 »:r5> y :i. •l: ihl. l. .Yi}~' i::•R{:t '~5~,}4:f j Q r n v.n. Sf4•~ : • r. r: .::...:..::ch.:...Y ...#':S.`.. . r. .};....,c;.. 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 rioted 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. Assertive 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). 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 fasted above: 639-4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - JUNE 9, 1998 - PAGE 1 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING JUNE 9, 1998 - 6:30 PM 6:30 PM • STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 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. > FACILITIES PLANNING DISCUSSION DOWNTOWN EFFORT UPDATE > CYBERCAFE UPDATE 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council and Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:45 PM 3. CONSENT AGENDA: These items are considered io be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Meeting Minutes: April 21, 1998 3.2 Receive and File: a. Tentative Agenda b. Council Calendar COUNCIL. AGENDA - JUNE 9, 1998 - PAGE 2 3.3 Approve Resolution Appointing David Chapman to the Library Board and Lisa Incalcaterra to the Planning Commission- Resolution No. 98•x„ 3.4 Local Contract Review Board a. Approve Contract for the Construction of SW 110th & Park Street Storm Drainage Improvements to Wystan Brown Excavation b. Approve Contract for the Raw Water Monitoring Study to Montgomery Watson C. Approve Contract for Public Information Campaign on Long-Range Water Needs to Rockey Bowler • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:50 PM 4. CONSIDER ORDINANCE AMENDING RECORDS RETENTION SCHEDULE • Staff Report: Finance Department • Council Questions/Discussion • Council Consideration: Ordinance No. 98- 3 8:00 PM 5. PUBLIC HEARING (QUASWUDICIAL) - JOHNSON STREET1106TH DRIVE ANNEXATION - ZCA 98-005 (FLATTERS) A request to annex 3.15 acres into the City of Tigard and change the zoning from Washington County R-5 to City of Tigard R-4.5. Locations: 10585 SW Walnut; 12385, 12355, 12325, 12330 and 12440 SW 106th Drive and 10530, 10490 and 10515 SW Johnson Drive. (WCTM 2S103AA, Tax Lots 01901, 01909, 01908, 01910, 01915, 01914 and 01917). a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony (Applicant, Proponents, Opponents, Rebuttal) ' e. Council Questions f. Close Public Hearing g. Staff Recommendation h. Council Consideration: Ordinance No. 98-Lq- 0:a qe COUNCIL AGENDA - JUNE 9, 1999 - PAGE 3 8:10 PM 6. PUBLIC HEARING (QUASI-JUDICIAL) - LEHMAN/92ND/CORAL STREET ANNEXATION - ZCA 98-006 (PERRY) A request to annex five tax lots totaling 1.63 acres into the City of Tigard and change the zoning from Washington County R-5 to City of Tigard R-4.5. Locations: 9225 and 9255 SW Coral Street, 9250 and 9314 SW Lehman Street and 9885 SW 92nd Avenue. (WCTM 1S126DC, Tax Lots 03000, 03001, 03002, 03900 and 03800). a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony (Applicant, Proponents, Opponents, Rebuttal) e. Council Questions f. Close Public Hearing g. Staff Recommendation h. Council Consideration: Ordinance No. 98--LL 8:20 PM 7. PUBLIC HEARING (QUASI-JUDICIAL) - SITE NORTH OF SW LOCUST STREET AND WEST OF SW 87TH AVENUE ANNEXATION - ZCA 980007 (TURNER) A request to annex one tax lot consisting of .11 acres into the City of Tigard and change the zoning from Washington County Neighborhood Commercial to the City of Tigard Neighborhood Commercial; C-N. Location: north of SW Locust Street and west of SW 87th Avenue. (WCTM 1 S135AA, Tax Lot 00400). a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony (Applicant, Proponents, Opponents, Rebuttal) e. Council Questions f. Close Public Hearing g. Staff Recommendation h. Council Consideration: Ordinance No. 98-1 8:30 PM ) CZS' (v 3v 8. CONTINUATION OF DISCUSSION: CHAMBER OF COMMERCE PARKING REQUIREMENTS • Staff Update: Administration Department • Chamber of Commerce Information: Chamber Representative Y Council Discussion, Consideration of Options and Direction to Staff 8:50 PM 9. COUNCIL LIAISON REPORTS COUNCIL AGENDA - JUNE 9, 1998 - PAGE 4 9:00 PM 10. NON-AGENDA ITEMS 9:10 PM 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and parading litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be discloses) by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 9:30 PM 12. ADJOURNMENT 0 i:ladm\cathy%=\980609.doc COUNCIL. AGENDA - JUNE 9, 1998 - PAGE 5 Agenda Item No. ~ a 1 q~ Meeting of TIGARD CITY COUNCIL MEETING MINUTES - JUNE 9, 1998 • STUDY SESSION > Meeting was called to order at 6:30 p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Bob Rohlf, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; Legal Counsel Tim Ramis; City Recorder Catherine Wheatley; Asst. to the City Manager Liz Newton; and Community Development Director Jim Hendryx. > EXECUTIVE SESSION The Tigard City Council went into Executive Session at 6:30 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. > Executive Session adjourned to Study Session at 7:22 p.m. > FACILITIES PLANNING DISCUSSION > DOWNTOWN EFFORT UPDATE Bill Monahan, City Manager, reported that 19 people attended the last downtown meeting. Jim Hendryx, Community Development Director, said that the group intended to invite Livable Oregon to make a presentation to them in June/July, once they found meeting space. He explained that a new sub-branch of Livable Oregon, The Downtown Development Association, concentrated on rehab and revitalization of downtowns in Oregon. He mentioned attending an excellent conference on downtown revitalization last week. He stated that it was a privately funded organization Mr. Monahan noted that the Downtown Development Association would not get involved with a downtown unless there was a financial commitment from both the City and the downtown merchants. He commented that the downtown merchants at the meeting last week did not seem willing to invest financially yet. He mentioned concerns of several property owners regarding what would happen to their properties. He listed several merchants in attendance who would likely work throughout the process. Councilor Hunt asked if there had been concern regarding an Economic Investment District (EID). Mr. Monahan said that they informed the group that the City was not forming an EID. He explained that an EID was similar to an LID in reinvesting the tax revenues from the district back into the district. > CYBERCAFE UPDATE Mr. Monahan said that Chief Ron Goodpaster had written a letter regarding the Cybercafe application last September in which he said he saw no problem with it, based on the information CITY COUNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 1 he had at the time. He pointed out the confusion between the language in the application and the drawing on the map on exactly where the liquor would be served: the cafe and/or the antique shop. He reported that Community Development wrote a letter stating that any change in land use might require permits. Mr. Monahan said that Chief Goodpaster intended to modify the liquor license application process to include a Planning review. He pointed out that the Council changed the liquor license application process in 1987 to delegate it to the Police Chief, instead of reviewing the applications themselves. He commented that it did not matter who did the local review because the decision rested with the OLCC who usually granted applications unless the operator had a bad record, the site was located in an area already overloaded with liquor establishments, or the local citizens protested. > Mayor Nicoli recessed the study session at 7:30 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Nicoli called the business meeting to order at 7:36 p.m. 1.3 Council Communications/Liaison Reports > Councilor Scheckla reported on meetings of the Metropolitan Area Communications Commission, Community Development Block Grant Committee, and the Housing Task Force. > Mayor Nicoli reported an opportunity for local jurisdictions to request that projects of concern to them in the MSTIP 3 be moved forward. He said that the main project of concern to Tigard was already moving forward, (the SW 121" and Walnut intersection scheduled for completion by 2001). He said that he did not think that the Council wanted to request to move any projects forward but he wanted their input on the matter. He mentioned that they would have the same opportunity next year. Councilor Scheckla asked how many projects were left in Tigard. Mayor Nicoli said that Walnut Street was broken up into three segments with the intersection going first. Elsner Road, of interest to King City, Sherwood, Tigard and Beaverton, was already underway. Mr. Monahan confirmed that the small project at the intersection of Hall and Pacific was yet to come. He recommended asking the City Engineer to present an update on the MSTIP 3 projects on June 23 when he presented the CIP update. > Mr. Monahan noted the new agenda item, Council Liaison Reports, added at Council's request for the longer, commission or liaison reports. 1.4 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA 3. CONSENT AGENDA Motion by Councilor Scheckla, seconded by Councilor Hunt, to approve the Consent Agenda. CITY COUNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 2 Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 3.1 Approve Council Meeting Minutes: April 21, 1998 3.2 Receive and File: a. Tentative Agenda b. Council Calendar 3.3 Approve Resolution Appointing David Chapman to the Library Board and Lisa Incalcaterra to the Planning Commission- Resolution No. 98- 3.4 Local Contract Review Board a. Approve Contract for the Construction of SW 1101h and Park Street Storm Drainage Improvements to Wystan Brown Excavation b. Approve Contract for the Raw Water Monitoring Study to Montgomery Watson c. Approve Contract for Public Information Campaign on Long-Range Water Needs to Rockey Bowler 4. CONSIDER ORDINANCE AMENDING RECORDS RETENTION SCHEDULE Nadine Robinson, Administrative Service Manager, and Records Manager, presented the staff report on the staff request for adoption of OAR 166.200, the general reference retention schedule for cities in Oregon. She said that this would replace Tigard's special retention schedule, last approved in 1989. She reviewed the process used by the State Archive staff to develop the schedule, including the participation of Tigard staff member Dee Wise, Senior Records Information Specialist. Ms. Robinson stated that while the retention periods assigned were the minimum lengths necessary, the City could extend those for historical, legal, administrative, or financial reasons. She said that the benefit to the City was a reduction in the volume of records retained and clarification of retention periods for unscheduled series. She recommended adoption of the ordinance. Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Ordinance 98-13. The City Recorder read the number and title of the ordinance. ORDINANCE 98-13, AN ORDINANCE AMENDING CHAPTER 248.030 OF TI-M, TIGARD MUNICIPAL CODE PERTAINING TO THE CLASSIFICATION AND RETENTION OF CITY RECORDS ADOPTING ADMINISTRATIVE RULES AND FIXING AN EFFECTIVE DATE. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 5. PUBLIC HEARING (QUASI-JUDICIAL) - JOHNSON STREET/106TH DRIVE ANNEXATION - ZCA 98-0005 (FLATTERS) A request to annex 3.15 acres into the City of Tigard and change the zoning from Washington County R-5 to City of Tigard R-4.5. Locations: 10585 SW Walnut; 12385, 12355, 12325, 12330 and 12440 SW 106'' Drive and 10530, 10490 and 10514 SW Johnson Drive. (WCTM 2S103AA, Tax Lots 01901, 01909, 01908, 01910, 01915 01914, and 01917). a. Mayor Nicoli read the hearing title and opened the public hearing. CITY COUNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 3 b. Declarations or Challenges Councilor Scheckla declared a site visit. c. Staff Report Mr. Hendryx introduced Julia Hujdak, Associate Planner, who handled these annexation requests. He mentioned that this issue came to Council six months ago with the sewer concerns on Johnson Street. He reported that during the standard staff process, seven property owners elected to join with the initial request to annex to receive sewer services, increasing the request to 3.15 acres. He noted the inclusion of the City-owned property purchased for the Walnut Street realignment, and some additional right-of-way. Mr. Hendryx said that all 17 parcels of land were developed with single family homes at County R-5 zoning (which would revert to City R-4.5 upon annexation). He noted the availability of sewer and water in the area and the lack of opposition from any applicable agency. He distributed the new ordinance that included the properties not listed in the original notice. Councilor Scheckla asked why the City did not annex these properties at the same time as another property in the area was annexed two years ago. Mr. Hendryx said that there was not interest in annexation at that time. d. Public Testimony Mayor Nicoli reviewed the hearing procedures and criteria. No one testified. e. Council Questions: None E Mayor Nicoli closed the public hearing. g. Staff Recommendation Mr. Hendryx recommended approval of the annexation with the additional lots as specified on the revised ordinance and resolution. Councilor Scheckla asked if the Boundary Commission fee would be higher with the additional lots. Ms. Hujdak said that the Boundary Commission fee of. $605 was the same for 2 to 10 acres. h. Council Deliberation Motion by Councilor Hunt, seconded by Councilor Rohlf, to adopt Ordinance 98-14 The City Recorder read the number and title of the ordinance. ORDINANCE 98-14, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE, ZONE CHANGE ANNEXATION ZCA 98-0005-JOHNSON STREET/] 06TH DRIVE ANNEXATION, AND DECLARING AN EFFECTIVE DATE. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") CITY COUNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 4 Motion by Councilor Hunt, seconded by Councilor Scheckla, to adopt Resolution 98-28. Tha City Recorder read the number and title of the resolution. RESOLUTION NO. 98-28, A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERRED TO AS ZONE CHANGE ANNEXATION ZCA 93-0005-JOHNSON STREET/106TH DRIVE ANNEXATION INTO THE CITY OF TIGARD AS DESCRIBED IN THE ATTACHED EXHIBIT A, AND FURTHER ILLUSTRATED IN EXHIBIT B. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hum, Moore, Rohlf and Scheckla voted "yes.") 6. PUBLIC HEARING (QUASI-JUDICIAL) - LEHMAN/92"/CORAL STREET ANNEXATION - ZCA 98-006 (PERRY) A request to annex five tax lots totaling 1.63 acres into the City of Tigard and change the zoning from Washington County R-5 to City of Tigard R-4.5. Locations: 9225 and 9255 SW Coral Street, 9250 and 9314 SW Lehman Street and 9885 SW 92°a Avenue. (WCTM 1S126DC, Tax Lots 03000, 03001, 03002, 03900 and 03800). a. Mayor Nicoli read the hearing title and opened the public hearing. b. Declarations or Challenges Councilor Scheckla declared a site visit. c. Staff Report Mr. Hendryx presented the annexation request for 1.63 acres in the Metzger area (five parcels) in order to get city services. He said that all lots were developed with single family homes with County R-5 zoning which would change to City R-4.5 zoning. He said that the properties had adequate access to facilities and services and no agencies made any objections. d. Public Testimony Mayor Nicoli read the hearing procedures and criteria. > Deanna Johnson, 9314 SW Lehman Street, asked if the property owners had to pay any fees. Ms. Hujdak said that the City has agreed to waive the City annexation fee because this area was not an active planning area, and the Boundary Commission fee has already been paid. At Councilor Scheckla's request, Ms. Hujdak read the property owners' names. e. Council Questions: None E Mayor Nicoli closed the public hearing. g. Staff Recommendation Mr. Hendryx recommended approval of the annexation and subsequent rezone. CITY COUNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 5 h. Council Deliberation Motion by Councilor Rohlf, seconded by Councilor Moore, to adopt Ordinance 98-15. The City Recorder read the number and title of the ordinance. ORDINANCE 98-15, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE, ZONE CHANGE ANNEXATION ZCA 98-0006- LEHMAN/92m/CORAL STREET ANNEXATION, AND DECLARING AN EFFECTIVE DATE. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes. Motion by Councilor Rohlf, seconded by Councilor Moore, to adopt Resolution 98-29. The City Recorder read the number and title of the resolution. RESOLUTION NO. 98-29, A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERRED TO AS ZONE CHANGE ANNEXATION ZCA 98-0006, LEHMAN/92ND/CORAL STREET ANNEXATION INTO THE CITY OF TIGARD AS DESCRIBED IN THE ATTACHED "EXHIBIT A", AND FURTHER ILLUSTRATED IN "EXHIBIT B." Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 7. PUBLIC HEARING (QUASI-JUDICIAL) - SITE NORTH OF SW LOCUST STREET AND WEST OF SW 87 "AVENUE ANNEXATION - ZCA 98-0007 (TURNER) A request to annex one tax lot totaling I1 acres into the City of Tigard and change the zoning from Washington County Neighborhood Commercial to City of Tigard Neighborhood Commercial. Location: north of SW Locust Street and west of SW 87`h Avenue.* (WCTM 1S135AA26DC, Tax Lot 00400) a. Mayor Nicoli read the hearing title and opened the public hearing. b. Declarations or Challenges Councilor Scheckla declared a site visit. c. Staff Report: Community Development Department Mr. Hendryx said that the applicant wished to annex this. I 1 acres o land into the city in order to get city services. He mentioned that the applicant did have some preliminary plans to develop the property but has not begun the City process. He noted the Neighborhood Commercial zoning. He said that no applicable agency had any comments. d. Public Testimony Mayor Nicoli read the hearing procedures and criteria. No one testified. CITY COUNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 6 e. Council Questions Councilor Rohlf asked why this property had Washington County Neighborhood Commercial zoning on it. Steve Turner, 2015 SW Canaan, Portland, explained that this site, underutilized for years and part of the original railroad right-of-way, was adjacent to commercial uses, including a grocery store and a small cabinet shop, and to a multi-family use. He said that it has been used as a gravel parking lot. f. Mayor Nicoli closed the public hearing. g. Staff Recommendation Mr. Hendryx recommended approval of the annexation and subsequent rezone. h. Council Deliberation: Ordinance No. 98-17 Motion by Councilor Moore, seconded by Councilor Scheckla, to adopt Ordinance 98-17. The City Recorder read the number and title of the ordinance. ORDINANCE 98-17, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE, ZONE CHANGE ANNEXATION ZCA 98-0007- TURNER ANNEXATION, AND DECLARING AN EFFECTIVE DATE. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") Motion by Councilor Moore, seconded by Councilor Rohlf, to adopt Resolution 98-30. The City Recorder read the number and title of the resolution. RESOLUTION NO. 98-30, A RESOLUTION INITIATING ANNEXATION OF TERRITORY REFERRED TO AS ZONE CHANGE ANNEXATION ZCA 98-0007, TURNER STREET ANNEXATION INTO THE CITY OF TIGARD AS DESCRIBED IN THE ATTACHED "EXHIBIT A", AND FURTHER ILLUSTRATED IN "EXHIBIT B." Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Y Hunt, Moore, Rohlf and Scheckla voted "yes.") n 8. CONTINUATION OF DISCUSSION: CHAMBER OF COMMERCE PARKING REQUIREMENTS Mr. Monahan mentioned the May 19 Council meeting discussion on the Chamber's proposal to use the City parking lot to meet their parking requirements. He said that the Council had ' indicated its willingness to discuss lease arrangements and asked the Chamber to submit the first draft of a lease agreement. He reported that he and John Cook met last Thursday (staff received the draft agreement on Wednesday) to discuss Mr. Monahan's concerns. He noted his memo that raised questions regarding the agreement. CITY COUNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 7 Mr. Monahan said that, based on the May 19 meeting minutes, he found that the Council had indicated an interest in entering into a short-term lease that would allow the Chamber to proceed with its plan while the City reviewed the possibility of changing the parking regulations in the downtown. He mentioned that his primary question in his memo was whether or not the compensation proposed by the Chamber was in keeping with the Council's expectations. He noted that Mr. Cook had indicated the Chamber's willingness to talk about taking on some of the responsibilities for the parking lot but since Mr. Cook did not include that in the first draft, he felt uncomfortable confirming the draft and amendments as the final agreement form. Councilor Scheckla asked if the City Attorney had looked at this. Mr. Monahan said that he talked with an attorney in the City Attorney's office but did not ask him to review it because there were enough unanswered questions to warrant Council discussion of the matter. John Cook, Chamber of Commerce, said that he considered 99% of the points that he and Mr. Monahan hammered out during their meeting to be final. He spoke to Council discussing the "big picture" items and leaving the minor language changes to staff. Mr. Monahan said that Mr. Cook agreed to the suggested language he had proposed. Mr. Cook said that the major thing that Mr. Monahan had been concerned about was the request for reciprocal parking. He noted that staff found that reciprocal parking would not work in this situation. He suggested that in the Chamber's request, they simply substitute a $1 lease agreement for the reciprocal parking agreement. He said that the Chamber was still doing this for the good of the community and the downtown. Councilor Moore commented that this seemed a matter of rewriting the lease agreement per Mr. Monahan's and Mr. Cook's discussions, submitting it to the City Attorney's office for review, and returning with the final product to Council. Councilor Hunt expressed concern that requiring only a short-term lease for one-year would create problems if the Council decided not to change the parking ordinance: the Chamber would have a permit but not enough parking spaces to meet the Code. Mr. Monahan noted the question of whether or not the Council wanted to include a mechanism in the agreement to increase the lease rate beyond the one-year time period, should the parking ordinance not change. Councilor Hunt said that he opposed leasing the property to the Chamber because he saw it as giving the Chamber $100,000 at a time when the Council was trying to raise money for its own space expansion needs. He stated that he favored changing the parking ordinance so the Chamber could legally build on their site or selling the property to the Chamber. He held that the business people in the Chamber should have planned for adequate parking and not counted on the City parking spaces. He reiterated that he did not oppose selling the property but pointed out that the City could not guarantee that the Chamber would be the purchaser. Councilor Hunt said that (although he still opposed it) if they were going to do a lease, they should make it for a longer term and cancelable if the City changed the ordinance. He contended that the City would not force the Chamber out of its building when a one year lease term expired and the parking ordinance did not change. He said that at the end of a one year lease term, there were not any options. Councilor Scheckla commented that the City purchased this lot for parking for the downtown in general, not one property in particular. He expressed his concern that giving the property to the CITY COUNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 8 Chamber made it difficult to offer free parking in the downtown. Mr. Monahan concurred that the City had discussed using the property as a free parking lot when it was purchased. He noted that several merchants had suggested leasing the spaces in order to recoup costs but the City never committed to that suggestion. He mentioned that in April he heard the Council interest for the property as short-term free parking. Councilor Scheckla objected to the clause allowing an automatic renewal of the lease every two years, which would roll over to a new owner. He said that he could not support the agreement as written. Mr. Cook said that he and Mr. Monahan agreed that if the Chamber sold the building, the lease ended automatically. Mr. Monahan mentioned that the issue he had raised regarding the term length was a broader ability for the City to terminate the agreement than merely by sale of the building or default. He said that there remained•a lot of work to be done on the agreement. Councilor Scheckla expressed his concern about the Chamber charging for parking. Mr. Cook said that the agreement stated that the rent charged by the Chamber would go to the City. He reiterated that the Chamber wanted to have public parking. He said that they would not put up 10 "Chamber parking only" signs. Bob Olsen, Chamber Board member, pointed out that those involved in this project did not see it as narrowly focused on business interests but rather broadly intended for the community benefit. Councilor Hunt spoke to including the whole parking lot in the deal, rather than splitting off 5 parking spaces to the City and 10 to the Chamber. Mr. Monahan agreed that there would be efficiency of maintenance in that arrangement. He reiterated the need for discussion on whether or not the Chamber wanted to offer to do maintenance and upkeep of the lot or landscaping. Councilor Hunt said that if the City leased this to the Chamber, the Chamber should be required to maintain it. Councilor Moore suggested that the Chamber compensate the City for the use of the lot by paying for construction and future maintenance costs or the City could simply lease the land to the Chamber and the Chamber build the parking lot. Mr. Cook said that the Chamber would maintain the lot. He concurred with Councilor Scheckla that everyone should be allowed to use the lot. Councilor Moore spoke to the lease amount issue. He said that if the Chamber was going to use the property, then there should be more than a token rent. He asked what "maintaining" the lot mean. Councilor Scheckla and Mayor Nicoli indicated that the money was not an issue to them. Councilor Rohlf commented that he saw this lease agreement as buying the City time to settle the issue of the downtown parking code while allowing the Chamber to proceed with their project. He suggested revisiting the whole issue at the end of the one year lease agreement. Mr. Monahan commented that placing the property under the control and maintenance of the Chamber would help with the land use application in which the City had to find that the Chamber had sufficient parking spaces. Councilor Hunt reiterated his prior request for a longer term lease with a cancellation option. He expressed his concern that a short term lease would put the Council and the Chamber in a bad spot if a Council did not want to extend the lease. Mayor Nicoli said that he did not care what the lease term length was but he did want to direct staff to proceed with the process. CITY COUNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 9 Councilor Scheckla asked what the Chamber's timeline was for their project. Mr. Cook explained that this delay in the permitting process has set them behind by two months from the original start construction date of September 1. He mentioned that several committees working on the project would have to be restarted once they got around this obstacle. He noted that the Chamber had been trying for volunteer labor which was why they had thought to build from September to February. He said that they would still try to begin this September 1 but they might have to postpone it to next September. Councilor Scheckla asked if the Chamber's portion of the property could be used for temporary parking until they began construction. Mr. Monahan said that the City intended to build the City's parking lot this summer. He pointed out that because of the joint access, people would have to go through the City property to get to the Chamber property. Councilor Scheckla asked if the City's project could be delayed to coincide with the Chamber's project. Mr. Monahan said that staff had wanted to start as soon as possible in order to reduce the cost of the fencing. Councilors Hunt and Moore supported doing the project now. Mayor Nicoli concurred with Councilor Hunt that they should go for a lease term for longer than one year. He mentioned that with the downtown effort was getting off to a slower start than hoped, and if the Chamber postponed its building until next year, then it would be better timing for the Council to revisit this issue in two years. Councilor Rohlf expressed concern over giving the Chamber a multiple year lease. He noted the energy currently generating in the downtown through the Dolan building and the Chamber project, energy that he felt could be capitalized on to build momentum to further the Council's vision for the downtown. He spoke to the City doing what it could to facilitate the Chamber's process. Mayor Nicoli agreed. Councilor Scheckla reiterated his question about using the Chamber land for parking. Mr. Hendryx said that according to the Code, a parking lot had to be paved. He said that people informally parking on the Chamber land was a Code enforcement issue that was pursued by the City on a complaint only basis. Councilor Hunt asked for an update on the status of the parking standards discussion. Mr. Hendryx reported that lie forwarded a memo to the Chamber asking for discussion of parking standards revision by the downtown group but it did not come up at the last meeting. He would put it back on the agenda. Mr. Cook pointed out that if the Council agreed in theory with the agreement as hammered out by he and Mr. Monahan, then the Chamber could move forward with its pre-application conference and get its committees up and running. Mayor Nicoli summarized the Council direction as approval of the lease agreement with a two- year term with the understanding that the City would move forward with revising the downtown parking standards and the Chamber would maintain the entire parking lot and finalize the agreement for staff and City Attorney review. Mr. Monahan reviewed additional items as a two-year rollover at the end of the lease term, termination of the lease if the Code changed, renegotiation of the lease terms if the Code did not change, incorporation of his suggestions to which the Chamber has agreed, and incorporation of CITY COUNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 10 the City Attorney's suggestions to protect the City and clean up the language. Mr. Monahan asked the Council if they would approve an agreement with those terms on June 23. Mayor Nicoli and Councilor Moore said that they would. Councilor Scheckla reiterated his concern that the agreement not automatically renew every two years. Mr. Monahan said that they could language to draft a one shot lease with re-evaluation at the end of the term. 9. COUNCIL LIAISON REPORTS: None 10. NON AGENDA ITEMS: None 11. EXECUTIVE SESSION The Tigard City Council went into Executive Session at 8:50 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. > Mayor Nicoli reconvened the study session at 9:25 p.m. Balloon Festival Councilor Moore reported that Bruce Ellis has indicated that he might retire as the Event Chairperson of the Balloon Festival. The Council discussed the matter. The Council agreed that the Mayor and a Council member would visit with Mr. Ellis concerning his future plans, once this year's event was over. City Facilities Planning The Council briefly discussed the next step in the process and the size and scope of the measure that would be presented to the voters. The Council agreed by consensus to revise next week's agenda. 12. ADJOURNMENT: 9:40 p.m. 2 Att Catherine Wheatley, City Recorder ayor, Cit of Tiga Date: I q CITY COUNCIL MEETING MINUTES - JUNE 9, 1998 - PAGE 11 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOY. 370 PHONE (503) 684.0360 Notice TT 914 8 BEAVERTON, OREGON 97075 Legal Notice Advertising *City of Tigard u ❑ Tearsheet Notice 13125 SW Hall Blvd. • Tigard,Oregon 97223 • ❑ Duplicate Affidavit eAccounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I, Kathy Sn)ZdPr being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the 'T'i Bard-Taal ati n Times 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 Tigard City Cot,nni 1 /T,nc-a1 Cnntract Rev Roard a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for nNE successive and consecutive in the following issues: June 4,1998 Subscribed and sworn t afore me this4th day of JunP,1998 OFFICIAL SEAL IIIIfff ROBIN A. BURGESS Nota ublic for Oregon i NOTARY PUBLIC-OREGON L 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. TIGARD CI'T'Y COUNCIL, AND LOCAL CONTRACT REVIEW BOARD MEETING . June 9 - 6:30 P.M. TIGARD CITY HALL - TOWN HALL 13125 SW HALL BOULEVARD, TIGARD, OREGON • Public Hearings (3 annexation proposals): - ZCA 98-0005: 3.5 acres located near the interEection of SW John- son Street and SW 106th Drive - ZCA 98-0006: 1.63 acres located north of SW Coral Street, south of SW Lehman Street.and west of SW 92nd Avenue - ZCA 98-0007:.11 acres located north of SW Locust Street and west of SW 87th Avenue • Proposed Ordinance: Records Retention Schedule • Consideration of Appointments to Library Board and Planning Com- mission • Discussion: Parking Requirements for New Chamber of Commerce Building Executive Session M148 -Publish June 4, 1998. COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 914 5 BEAVERTON, OREGON 97075 Legal Notice Advertising • City of Tigard/Planning • ❑ Tearsheet Notice 13125 SW Hall Blvd. ° Tigard , Oregon 9 7 2 2 3 O ❑ Duplicate Affidavit *Accounts Payable Y AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss' 1, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Ti Qarei-m»a 1 at i_n mimes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at T J ga rd in the aforesaid county and state; that the Nr-arincj-,Tnhnann Sf,/lfltith Area AnnAxatian 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: May 28th,1998 ~ 1 Subscribed and sworn to a ore me this th day of May,19 9 8 OFFICIAL SEAL i ROSIN A. BURGESS No Public for Oregon NOTARY PUBLIC-OREGON COMMISSION NO. 062071 My Commission Expires: MY COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT s 71M P +itdil be considered by the Tigard City Council on June 9, 8, at t , at the Tigard Civic Center - Town Hall Room, 13125 Half DWd.;'7igard, Oregon 97223. Both public oral and. written tes- timony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code and any rules and procedures adopted by the Tigard City Council, or rules of procedure set forth in Chapter 18.30. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request accompanied by statements or evidence sufficient to allow the Hearings Authority and all the parties to respond on the request, precludes an appeal to the Land Use Board of Appeals based on that issue, and failure to specify the. criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information is available rt City Hall and may be obtained from the Community Develop- ment Director or City Recorder at the same location, or by calling (503) 639-4171. PUBLIC NEARING: ZONE CHANGE ANNEXATION (ZCA) 98-OM > JOHNSON STREET/106TH STREET AREA ANNEXATION < The applicant has requested to annex nine (9) tax lots consisting of 3.15 acres of unincorporated Washington County land into the City of Tigard ! and to change the Comprehensive Plan and Zoning Designations from Washington County R-5 to City of Tigard Low Density Residential; R-4.5. The property owners of the five (5) lots to the east of the area to be j annexed have been asked if they wish to join the annexation. The annexa- tion s don may be modified to incorporate these lots at the City Council Meeting if annexation is requested by any of the parcel owner(s) of the additional lots to the east of the subject site. CURRENT ZONING DESIGNA- TION: Washington County R-5. RECOMMENDED ZONING DESIG- NATION: It is recommended that the City of Tigard Zoning Designation of R-4.5 be designated upon annexation. The City's R-4.5 zone most closely conforms to the County Designation of R-5 while implementing the City's Comprehensive Plan Designation of Low Density Residential. LC CATIONS: WCTM 2S 103AA, Tax Lots 01901, 01909, 01908, 01910, 01915, 01914 and 01917, addressed as 10585 SW Walnut; 12385, 12355, 12325, 12330 and 12440 SW 106th Drive and 10530, 10490 and 10515 SW Johnson Drive. APPLICABLE REVIEW CRITERIA: Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2 and 10.1.3; and Tigard Community Development Code. Sections 18.136 and 18.138. C F, 771V 145 - Publish May 28, 1998. 1 Owl COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684.0360 Notice TT 914 4 BEAVERTON, OREGON 97075 Legal Notice Advertising sCity of Tigard/Planning ® ❑ Tearsheet Notice 13125 SW Hall Blvd. •Tigard,Oregon 97223 ® ❑ Duplicate ,.Ifidavit •Accounts Payable • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. 1, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Ti Bard-m ial a i n Mmes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Ti Bard in the aforesaid county and state; that the Hearing-T_,_hman S /92nd Ave/Coral St.Annexation 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: May 28,1998 Subscribed and sworn t before me this 9 8th day of May ,19 98 OFFICIAL SEAL ROSIN A. SUROEN ry Public for Oregon NOTARY PUBLIC-OREGON My Commission Expires: COMMISSION NO. 062071 MY COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT !a~ vlia~w tig..will considered by the Tigard City Connell on Jane 9, be wat 7:3Q P.Y~L, at the Tigard Civic Center - Town Hall Room, 13125 SW Hag Blvd., Tigard, Oregon 97223. Both public oral end written tes- timony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code and any rules and procedures adopted by the Tigard City Council, or rules of procedure set forth in Chapter 18.30. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request accompanied by statements or evidence sufficient to allow the Hearings Authority and all the parties to respond on the request, precludes an appeal to the Land Use Board of Appeals based on that issue, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information is available at City Hall and may be obtained from the Community Develop- ment Director or City Recorder arthe same location, or by calling (503) 639-4171. PUBLIC HEARING: ZONE CHANGE ANNEXATION (ZCA) 98-Q006 > LEHMAN STREET/92ND AVENUE/ CORAL STREET ANNEXATION < The applicant has requested to annex five (5) tax lots consisting of 1.63 acres of unincorporated Washington County land into the City of Tigard , and to change the Comprehensive Plan and Zoning Designations from Washington County R-5 to City of Tigard Low Density Residential; R-4.5 for Tax Lots 03000, 03002, 03001 and 03900 and to change the Com- prehensive Plan and Zoning Designations from Washington County R-9 to City of Tigard Medium Density Residential, R-12 for Tax Lot 03800. CURRENT ZONING DESIGNATION: Washington County R-5 (Tax Lots 03000, 03002, 03001 and 03900); and R-9 (Tax Lot 03800). RECOMMENDED ZONING DESIGNATION: It is recommended that the City of Tigard Zoning Designation of R-4.5 be designated upon an- nexation for the lots currently zoned R-5. It is recommended that the City of Tigard Zoning Designation of R-12 be designated upon annexation for the lot currently zoned R-9. LOCATIONS: WCTM IS126DC, Tax Lots 03000, 03001, 03002, 03900 and 03800; addressed as 9225 and 9255 SW Coral Street, 9250 and 9314 SW Lehman Street and 9885 SW 92nd Avenue. APPLICABLE REVIEW CRITERIA: Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2 and 10.1.3; and Tigard Community Development Code Sections 18.136 & 18.138.. L . tT ;5• d ~ ET= ELI i 19144 - Publish May 28, 1998. COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 914 3 BEAVERTON, OREGON 97075 Legal Notice Advertising O City of Tigard/Planning ° 13 Tearsheet Notice 13125 SW Hall Blvd. °Tigard,Oregon 97223 ° O Duplicate Affidavit *Accounts Payable ° AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss- l, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the T; Bard-Tualati n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid counyty and state; that the Hearing-Turner Annexation a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for-SL1L successive and consecutive in the following issues: May 28 1998 Subscribed and sworn before me this 28th day of May, 1998 ' ROBIN A. o ryPublic for Oregon K has J,irCJMtAiSS(vh-tlOG0o2pTN My Commission Expires: MY COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT Tl 4ollovditig will be, ch red by'the Tigrird City Council on JUNE 9, X ~t'17 So 1~' M., at the Tigard Civic Center - Town Hall Room, 13125 SW Hall Blvd., Tigard, Oregon 97223. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code and any rules and procedures adopted by the Tigard City Council, or toles of procedure set forth in Chapter 18.30. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request accompanied by statements or evidence sufficient to allow the Hearings Authority and all the parties to respond on the request, precludes an appeal to the Land Use Board of Appeals based on that issue, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information is available at City Hall and may be obtained from the Community Develop- ment Director or City Recorder at the same location, or by calling (503) 639-4171. PUBLIC HEARING: ZONE CHANGE ANNEXATION [ZCA198-0007 > TURNER ANNEXATION < Tne applicant has requested to annex one (1) lot consisting of A I acres of unincorporated Washington County land into the City of Tigard and to change the Comprehensive Plan and Zoning Designations',.rom Washington County Neighborhood Commercial to City of Tigard Neigh- borhood Commercial, C-N. CURRENT ZONING DESIGNATION: Washington County Neighborhood Commercial. RECOMMENDED ZONING DESIGNATION: It is recommended that the City of Tigard Zoning Designation of Neighborhood Commercial (C-N) be designated upon annexation as this designation most closely conforms to the Coun- ty's current designation. LOCATION:The subject parcel is located north of SW Locust Street and west of SW 87th Avenue; WCTM 1S135AA, Tax Lot 00400. APPLICABLE REVIEW CRITERIA: Tigard Com- prehensive Plan Policies 2.1.1, 10.1.1, 10.1.2 and 10.1.3; and Tigard Com- munity Development Code Sections 18.136 and 18.138. III 1 R T~R'tlt0 t R tr .may: ~ p ~P' 1 x~f 7T9143 -Publish May 28, 1998. CITY OF TIG ARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, _ 9=ni1a D-m- % II-Y begun first duly sworn, on oath, depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance ,q gg 1,T &m- qF " / - Number (s) / - which were adopted at the Council Meeting dated 9 9 copy(s) of s ordinance(s) being hereto attached and by reference made a part hereof, on the _ IoV Z!o day of z n® , 19 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 24Lnwa' Subscribed and sworn to before me this o? G day of , 19 OFFICIAL SEAL M JO ANN HAYES Notary NOTARY PURI IC 'c for Orego p 1 pp nsv coMMlsslo? My 1-- y Commission Expires: Mao VT k\admlj o\ai[poat. doe CITY OF TIGARD, OREGON ORDINANCE NO.98- 5 AN ORDINANCE AMENDING CHAPTER 2.48.030 OF THE TIGARD MUNICIPAL CODE PERTAINING TO THE CLASSIFICATION AND RETENTION OF CITY RECORDS, ADOPTING ADMINISTRATIVE RULES AND FIXING AN EFFECTIVE DATE. WHEREAS, State Law provides that public agencies shall make public records available for viewing, except those specifically exempted by law. WHEREAS, the City finds it necessary to identify and retain those records necessary for operation and destroy those records that after a specified amount of time lose their informational value to the City. WHEREAS, the Oregon State Archivist has statutory authority, under ORS 192.105, to authorize destruction of public records. WHEREAS, in January 1998, an updated general records retention schedule for municipalities was adopted as Oregon Administrative Rules, Chapter 166, Division 200, by the State Archivist. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Section 2.48.030 of the TIGARD Municipal Code shall be amended as set forth below. Language to be deleted is shown in [BRACKETS]. Language to be added is UNDERLINED. "The city adopts the Oregon State Archives General Records Retention Schedule [No. L88-0701 as adopted in the Oregon Administrative Rules, Chapter 166, Division 200 as the retention classification for city records. Retention classification for records not identified in [Schedule No. L88-070] the Oregon Administrative Rules, Chapter 166, Division 200 will be [governed by the Oregon Administrative Rules, Chapter 166 of the State Archivist, dated December, 1980] scheduled separately following the procedures specified in Oregon Administrative Rule 166-30-027. Retention periods are from the date of the creation of the record unless otherwise indicated. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By UY)G Vl'i►71UUSvote of all C uncil members present after being read by number and title only, this CC O day of , 1998. ORDINANCE No. 98J-3- Page 1 Catherine Wheatley, City Recorder APPROVED: By TIGARD City Council this I day of % 998. J icoli, Mayor Ap roved as to form: dt~ Attorney 6 Date ORDINANCE No. 98L3 Page 2 CITY OF TIGARD, OREGON ORDINANCE NO.98-J~(- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZONE CHANGE ANNEXATION (ZCA) 98-0005 - JOHNSON STREET/106TH DRIVE ANNEXATION) AND DECLARING AN EFFECTIVE DATE WHEREAS, the Tigard City Council held a public hearing on June 9, 1998 to consider a zoning designation for :ripe (9) tax lots located near the intersection of SW Johnson Street and SW 106th Drive, north of SW Walnut Street and east of SW Fonner Street; and WHEREAS, on June 9, 1998 the Tigard City Council approved a Resolution to forward the proposed annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by Planning Staff, as set forth in the attached staff report and in Section 1 below, is that which most closely approximates the Washington County land use designation of R-5 while implementing the City of Tigard's existing Comprehensive Plan Designation of Low Density Residential, R-4.5. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Upon annexation, the affected properties shall be designated as follows: Tax May/Lot Numbers 2S103AA, Tax Lots 01901, 01909, 01908, 01907, 01910, 01911, 01915, 01914, 01917, 01906, 01905, 01904, 01903, 01902, and 01701; and 2S102BC, Tax Lots 02002 and 02004. Current Comprehensive Plan Designation New Comprehensive Plan Designation Wash. Co. R-5 Low Density Residential Current Zoning New Zonine Wash. Co. R-5 Tigard R-4.5 SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. PASSED: By t4fiQ 11 iM Uu S vote of all Council members present after being read by number and title only, this day of 1998. (Catherine Wheatley, City Rec7/.1998. APPROVED: By Tigard City Council this 1 es Nicoli, Mayor Ap roved as to form: Ci Atto ey Date ORDINANCE NO. 98- is\cirywide;\ord\=a98-5b.oM Page I of I Julia P H 84uno-98 5:30 PM . r..r Agenda Item: Hearing Date: June 9, 1998 7:30 PM STAFF REPORT TO THE CITY COUNCIL CrrY cwPGI WD e ,y °Conu`BtltrrCorutrttj FOR THE CITY:OF.TI6ARD ®REOON: t fo-. Jrvl E:1,"- IY'^` 4A S'an,v►N..r' "1.. f• _ SECTION I. APPLICATION SUMMARY CASE: FILE NAME: JOHNSON STREET/106TH DRIVE ANNEXATION Zone Change Annexation ZCA 98-0005 PROPOSAL: To annex nine (9) tax lots consisting of 3.15 acres of un-incorporated Washington County land into the City of Tigard and to change the Comprehensive Plan and Zoning Designations from Washington County R-5 to City of Tigard Low Density Residential; R-4.5. APPLICANT: James Flatters OWNERS: Various Owners 12385 SW 106th Drive (List is Available Tigard, OR 97223 Upon Request) CURRENT ZONING DESIGNATION: Washington County R-5. RECOMMENDED ZONING DESIGNATION: It is recommended that the City of Tigard zoning designation of R-4.5 be designated upon annexation. The City's R-4.5 zone most closely conforms to the County Designation of R-5 while implementing the City's Comprehensive Plan Designation of Low Density Residential. LOCATIONS: WCTM 2S103AA, Tax Lots 01901, 01909, 01908, 01910, 01915, 01914, and 01917, addressed as 10585 SW Walnut; 12385, 12355, 12325, 12330 and 12440 SW 106th Drive and 10530, 10490 and 10515 SW Johnson Drive. APPLICABLE REVIEW CRITERIA: Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2 and 10.1.3; and Tigard Community Development Code Sections 18.136 and 18.138. SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation will.not. adversely affect the health, safety and welfare of the City. Therefore, staff-mcommends . - APPROVAL of the annexation by adoption of the attached Resolufion-and Ordinane®. STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 4 ZCA 98-0005 -JOHNSON STREET/106TH DRIVE ANNEXATION 8/9/98 PUBLIC HEARINGS SECTION Ill. BACKGROUND INFORMATION Site History: The properties are currently developed with single-family residences on each lot. The owners of the lots wish to annex in order to extend city sewer and connect. The owners have begun discussions with Staff and anticipate requesting that the City Council authorize a Neighborhood Sewer Extension Program. No further development is proposed or anticipated, although some of the lots are large enough to be partitioned in the future if so desired. Vicinity Information: The area to be annexed is 3.15 acres. The existing city boundary runs along the northern and western boundary of the area to be annexed. There is a lot (Tax Lot 01916) within the area to be annexed that was annexed into the city limits a few years ago. The site and the property to the west and south are within Tigard's Active Planning Area but outside of the Tigard city limits. Site Information and Proposal Description: The site is bordered to the east and north by property inside of the Tigard city limits. The property is bordered on all sides by property zoned R-4.5. The proposal is to annex into the City of Tigard in order to obtain city services and hook up to city sewer. The applicant has requested that the 3.15 acre site be annexed into the City of Tigard by means of the double-majority method. Representing the owners of more than half of the land (89.2%) and a majority of the registered electors (93.7%) of the area proposed to be annexed, the applicant has initiated this action through the written consent of the property owners. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.7, and 10.1.3; and Tigard Community Development Code Chapters 18.136 and 18.138. Staff has determined that the proposal is consistent with the relevant policies of the Comprehensive Plan based on the following findings: Policy 2.1.1: This Policy requires an ongoing citizen involvement program and is satisfied because the Central CIT and surrounding property owners have been notified of the public hearing and notice of the hearing has been published in a newspaper of general circulation. Policy 10.1.1: This Policy requires adequate service capacity delivery to annexed parcels and is satisfied because the City of Tigard Police, Engineering and Water Departments, Unified Sewerage Agency (USA), and Tualatin Valley Fire & Rescue (TVF&R) have all reviewed the annexation request and have offered no objections. STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4 ZCA 98.0005 -JOHNSON STREET/106TH DRIVE ANNEXATION 819!98 PUBLIC HEARING Policy 10.1.2: This Policy pertains to boundary criteria for annexations and is satisfied. The properties are adjacent to property on the north and east that is inside the Tigard city limits. The annexation, therefore, will reduce an existing "island" of un-incorporated territory. The Police Department has been notified of this request and has no objections. The affected land is located within the City's Urban Planning Area and is contiguous to the city boundary. Adequate services are also available to accommodate the properties. Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: Section 18.136.030: This Section addresses approval standards for annexation proposals and is satisfied because: The applicable Comprehensive Plan Policies and Code provisions have been reviewed and satisfied as previously indicated in this report. The City of Tigard zoning designation of R-4.5 most closely conforms to the County designation of R-5 while implementing the City's Comprehensive Plan designation of Low Density Residential. This also satisfies Comprehensive Plan Policy 10.1.3. The determination that the affected property is an established area is based on the standards set forth in Chapter 18.138 of the Tigard Community Development Code and OAR 660-007-0005. Section 18.138: This Section provides standards for the classification of annexed land and is satisfied because the affected property meets the definition of an established area and shall be designated as such. SECTION V. OTHER STAFF COMMENTS The City of Tigard Engineering, Public Works, Police and Water Departments have all reviewed this proposal and have offered no comments or objections. The Tigard Police requested that Staff contact the property owners directly west of the site to ask if they wanted to join the annexation. Staff has contacted these property owners and has sent the necessary forms in the event that they wish to modify the annexation. If they chose to annex and if Council supports their annexation requests, the Resolution and Ordinance may be amended to include these additional lots. STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF d ZCA 98.0005 -JOHNSON STREET/106TH DRIVE ANNEXATION M8 PUBLIC HEARING SECTION VI. AGENCY COMMENTS The Metro Area Boundary Commission, Tualatin Valley Fire and Rescue District, Unified Sewerage Agency, Columbia Cable, Metro Area Communications, TCI, Tualatin Valley Water District, PGE, NW Natural Gas, US West Communications, GTE, and Washington County have all had the opportunity to review the proposal and have offered no objections. BASED ON THE FINDINGS INDICATED ABOVE, PLANNING STAFF,REC0MMKNDS.:,; APPROVAL OF ZONE CHANGE ANNEXATION (ZCA)-98-0005JOHNSC STREET/106TH DRIVE ANNEXATION. z1v. May 21, 1998 PREPARED BY: Juli Powell H%duk DATE Associate Planner May 21, 1998 APPROVED BY: Richard Bewe ,06rff DATE Planning Manager i:\curplny ulia\annex\zca98-05.doc L r n J H 7 J J STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4 ZCA 98-0005 -JOHNSON STREET/106TH DRIVE ANNEXATION 8/8/98 PUBLIC HEARING CITY OF TIGARD, OREGON ORDINANCE NO.98-_L!j AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZONE CHANGE ANNEXATION (ZCA) 98-0006-LEHMAN/92ND/CORAL STREET ANNEXATION) AND DECLARING AN EFFECTIVE DATE WHEREAS, the Tigard City Council held a public hearing on June 9, 1998 to consider a zoning designation for five (5) tax lots located north of SW Coral Street, south of SW Lehman Street and west of SW 92nd Avenue; and WHEREAS, on June 9, 1998 the Tigard City Council approved a Resolution to forward the proposed annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by Planning Staff, as set forth in the attached staff report and in Section 1 below, is that which most closely approximates the Washington County land use designation of R-5 and R-9 while implementing the City of Tigard's existing Comprehensive Plan Designation of Low Density Residential, R-4.5 and Medium Density Residential, R-12. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Upon annexation, the affected properties shall be designated as follows: Tax Map/Lot Numbers 1 S 126DC, Tax Lots 03000, 03001, 03002, and 03900 Current Comprehensive Plan Designation New Comprehensive Plan Designation Wash. Co. R-5 Low Density Residential Current Zoning New Zoning Wash. Co. R-5 Tigard R-4.5 Tax Map/Lot Numbers I S 126DC, Tax Lot 03800 Current Comprehensive Plan Designation New Comprehensive Plan Designation Wash. Co. R-9 Medium Density Residential Current Zoning New Zoning Wash. Co. R-9 Tigard R-12 SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. PASSED: By (A 00 Q'IMDUS vote of all Co ncil members present after being read by number and title only, this _ X16;' day of v , 1998. l L(.,tl4 i 11.P cl.~ ~ Catherine Wheatley, City Recorder ORDINANCE NO.98 i:bitywidelordlxca98-06.ord Page 1 of 2 Julia PH 21-May-98 4:12 PM r ' APPROVED: By Tigard City Council this C,-&-, , - day of , 1,998. J e icoli, Mayor Approved as to for " C'9ttorney V l ci Z2 Date ORDINANCE NO. 98- i:\citywidebrd\zca98-06.ord Page 2 of 2 Julia P H 21-May-98 4:12 PM Agenda Item: Hearing Date: June 9, 1998 7:30 PM STAFF 'REPORT 70 THE % CITY COUNCIL cmr oR noA 110, FOR THE CITY OF TIGARD,'ONEGON SECTION I. APPLICATION SUMMARY CASE: FILE NAME: LEHMAN/92ND/CORAL STREET ANNEXATION Zone Change Annexation ZCA 98-0006 PROPOSAL: To annex five (5) tax lots consisting of 1.63 acres of un-incorporated Washington County land into the City of Tigard and to change the Comprehensive Plan and Zoning Designations from Washington County R-5 to City of Tigard Low Density Residential; R-4.5 for Tax Lots 03000, 03002, 03001 and 03900 and to change the Comprehensive Plan and Zoning Designations from Washington County R-9 to City of Tigard Medium Density Residential, R-12 for Tax Lot 03800. APPLICANT: Stephen Perry OWNERS: Various Owners 9885 SW 92nd Avenue (List is Available Portland, OR 97223 Upon Request) CURRENT ZONING DESIGNATION: Washington County R-5 (Tax Lots 03000, 03002, 03001 and 03900); and R-9 (Tax Lot 03800). RECOMMENDED ZONING DESIGNATION: It is recommended that the City of Tigard Zoning Designation of R-4.5 be designated upon annexation for the lots currently zoned R-5. It is recommended that the City of Tigard Zoning Designation of R-12 be designated upon annexation for the lot currently zoned R-9. LOCATIONS: WCTM 1S126DC, Tax Lots 03000, 03001, 03002, 03900 and 03800; addressed as 9225 and 9255 SW Coral Street, 9250 and 9314 SW Lehman Street and 9885 SW 92nd Avenue. APPLICABLE REVIEW CRITERIA: Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2 and 10.1.3; and Tigard Community Development Code Sections 18.136 & 18.138. SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation will not adversely affect the health, safety and welfare of the City. Therefore staff recommends APPROVAL of the annexation by adoption of the attached Resolution•`and Ordinance. STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 4 ZCA 98-0006 - LEHMAN/92ND/CORAL STREET ANNEXATION 6/9/98 PUBLIC HEARING SECTION M. BACKGROUND INFORMATION Site History: The properties is currently developed with single-family residences on each lot. The owners of the lots wish to annex in order to receive city services. No further development has been proposed or anticipated, although some of the lots arelarge enough to be partitioned in the future if so desired. Vicinity Information: The area to be annexed is 1.63 acres. The existing city boundary runs along the westem boundary of the area to be annexed. The site and the property to the north, south and east are within Tigard's Area of Interest but outside of the Tigard city limits. Site Information and Proposal Description: The site is bordered to the west by property inside of the city limits. The property is bordered on the north, south and east by property zoned R-4.5. The property to the southwest is zoned R-12. The proposal is to annex into the City of Tigard in order to obtain city services. The applicant has requested that the 1.63 acre site be annexed into the City of Tigard by means of the double-majority method. Representing the owners of more than half of the land (100%) and a majority of the registered electors (100%) of the area proposed to be annexed, the applicant has initiated this action through the written consent of the property owners. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2, and 10.1.3; and Tigard Community Development Code Chapters 18.136 and 18.138. Staff has determined that the proposal is consistent with the relevant portions of the Comprehensive Plan based on the following findings: Policy 2.1.1: This Policy requires an ongoing citizen involvement program and is satisfied because the East CIT and surrounding property owners have been notified of the public hearing and notice of the hearing has been published in a newspaper of general circulation. Policy 10.1.1: This Policy requires adequate service capacity delivery to annexed parcels and is satisfied because the City of Tigard Police, Engineering and Water Departments, Unified Sewerage Agency (USA) and Tualatin Valley Fire & Rescue (TVF&R) have all reviewed the annexation request and have offered no objections. Policy 10.1.2: This Policy pertains to boundary criteria for annexations and is satisfied. The property is bordered on the west by the Tigard city limits. The annexation, therefore, will reduce an existing "island" of un-incorporated territory. The Police Department has been notified of this STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4 ZCA 98-0006 - LEHMAN/92ND/CORAL STREET ANNEXATION 6/9/98 PUBLIC HEARING request and has no objections. The affected land is located within the City's Urban Services Area (Area of Interest) and is contiguous to the city boundary. Adequate services are also available to accommodate the properties. Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: Section 18.136.030: This Section addresses approval standards for annexation proposals and is satisfied because: The applicable Comprehensive Plan Policies and Community Development Code provisions have been reviewed and satisfied as previously indicated in this report. The City of Tigard zoning designation of R-4.5 most closely conforms to the County designation of R-5 and the R-12 most closely conforms to the County designation of R-9 while implementing the City's Comprehensive Plan Designation of Low Density Residential. This also satisfies Comprehensive Plan Policy 10.1.3. The determination that the affected property is an established area is based on the standards set forth in Section 18.138 of the Tigard Community Development Code and OAR 660-007-0005. Section 18.138: This Section provides standards for the classification of annexed land and is satisfied because the affected properties meet the definition of an established area and shall be designated as such. SECTION V. OTHER STAFF COMMENTS The City of Tigard Engineering, Public Works, Police and Water Departments have all reviewed this proposal and have offered no comments or objections. SECTION VI. AGENCY COMMENTS The Metro Area Boundary Commission, Tualatin Valley Fire and Rescue District, Unified Sewerage Agency, Columbia Cable, Metro Area Communications, TCI, Tualatin Valley Water District, PGE, NW Natural Gas, US West Communications, GTE, and Washington County have all had the opportunity to review the proposal and have offered no objections. STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4 ZCA 98-0006 - LEHMAN/92ND/CORAL STREET ANNEXATION 6/9/98 PUBLIC HEARING EASED ON THE FINDINGS INDICATED ABOVE, PLANNING STAFF RECOMMENDS APPROVAL OF ZONE CHANGE ANNEXATION (ZCA) 9846M.". LEHMAN192NDICORAL STREET ANNEXATION. May 21, 1998 PREPARED BY: ulia Powell Haj uk DATE Associate Planner May 21, 1998 APPROVED BY: Richard Bewersd&ff DATE Planning Manager is\curpinyulia\annex\zca98-06.doc STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4 ZCA 98-0006 - LEHMAN/92ND/CORAL STREET ANNEXATION 6/9/98 PUBLIC HEARING CITY OF TIGARD, OREGON ORDINANCE NO. 98-1 b AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZONE CHANGE ANNEXATION (ZCA) 98-0007-TURNER ANNEXATION AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council held a public hearing on June 9, 1998 to consider a zoning designation for one (1) parcel consisting of. I I acres located north of SW Locust Street and west of SW 87th Avenue; and WHEREAS, on June 9, 1998 the Tigard City Council approved a Resolution to forward the proposed annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by Planning Staff, as set forth in the attached staff report and in Section 1 below, is that which most closely approximates the Washington County land use designation of Neighborhood Commercial while implementing the City of Tigard's existing Comprehensive Plan Designation of Neighborhood Commercial (C-N). NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Upon annexation, the affected properties shall be designated as follows: Tax Map/Lot Numbers IS 135AA, Tax Lot 00400 Current Comprehensive Plan Designation and Zoning Wa. Co. Neighborhood Commercial New Comprehensive Plan Designation and Zoning City of Tigard Neighborhood Commercial (C-N) SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. PASSED: By (j1)Ct_ f1 i 1jA0 S vote of all C uncil members present after being read by number and title only, this C74i1 day of W L, C. , 1998. E ~ herine Wheatley, City ecord I da f AtL 1998. r4J APPROVED: By Tigard City Council this , J s Nicoli, Mayor Appr, ved as to form. ; Ci Atto ey r Date ORDINANCE NO. 98- i:kitywide\ord\zca98-07.ord Page I of I Julia PH 21-May-98 3:22 PM r Agenda Item: 111 Hearing Date: June 9. 1998 7:30 PM A sTAI' REP®R~' W nGASC CITY COUNCIL ~itq'I~~tGtt . ' FOR TN CITY OF p"gD,:ORE C -7 T- ;71 p' SECTION I. APPLICATION SUMMARY CASE: FILE NAME: TURNER ANNEXATION Zone Change Annexation ZCA 98-0007 PROPOSAL: To annex one (1) lot consisting of .11 acres of un-incorporated Washington County land into the City of Tigard and to change the Comprehensive Plan and Zoning Designations from Washington County Neighborhood Commercial to City of Tigard Neighborhood Commercial, C-N. APPLICANT: Steven Turner OWNERS: Various Owners 2015 SW Kanan Street (List Available Portland, OR 97201 Upon Request) CURRENT ZONING DESIGNATION: Washington County Neighborhood Commercial. RECOMMENDED ZONING DESIGNATION: It is recommended that the City of Tigard Zoning Designation of Neighborhood Commercial (C-N) be designated upon annexation as this designation most closely conforms to the County's current designation. LOCATION: The subject parcel is located north of SW Locust Street and west of SW 87th Avenue; WCTM 1 S135AA, Tax Lot 00400. APPLICABLE REVIEW CRITERIA: Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2 and 10.1.3; and Tigard Community Development Code Sections 18.136 and 18.138. SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends. APPROVAL of the annexation by adoption of the attached Resolution and Ordinance. STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 4 ZCA 98-0007 - TURNER ANNEXATION 6/9198 PUBLIC HEARING SECTION Ili. BACKGROUND INFORMATION Site History: The property is currently vacant. The owner of the lot wishes to annex in order to develop the property and receive city services. No development proposal has been formally proposed, nor has the applicant scheduled a pre-application meeting. Vicinity Information: The area to be annexed is .11 acres. The existing city boundary runs along the southern portion of this property, along SW Locust Street. The site and the property to the north, east and west are within Tigard's Area of Interest but outside of the Tigard city limits. The properties to the north, east and west are outside city limits and zoned Neighborhood Commercial (C-N) and the property to the south is inside the city limits and zoned R-12. Site Information and Proposal Description: The proposal is to annex into the City of Tigard in order to develop the property and obtain City services. The applicant has requested that the .11 acre site be annexed into the City of Tigard by means of the double-majority method. Representing the owners of more than half of the land (100%) and a majority of the registered electors (100%) of the area proposed to be annexed, the applicant has initiated this action through the written consent of the property owner. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2, and 10.1.3; and Tigard Community Development Code Chapters 18.136 and 18.138. Staff has determined that the proposal is consistent with the relevant policies of the Comprehensive Plan based on the following findings: Policy 2.1.1: This Policy requires an ongoing citizen involvement program and is satisfied because the East CIT and surrounding property owners have been notified of the public hearing and notice of the hearing has been published in a newspaper of general circulation. Policy 10.1.1: This Policy requires adequate service capacity delivery to annexed parcels and is satisfied because the City of Tigard Police, Engineering and Water Departments, Unified Sewerage Agency (USA) and Tualatin Valley Fire & Rescue (TVF&R) have all reviewed the annexation request and have offered no objections. STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4 ZCA 98-0007 - TURNER ANNEXATION 6/9/98 PUBLIC HEARING Policy 10.1.2: This Policy pertains to boundary criteria for annexations and is satisfied. The property is adjacent to property on the south that is inside the Tigard city limits. The affected land is located within the City's Urban Services Area (Area of Interest) and is contiguous to the city boundary. Adequate services are also available to accommodate the properties. The Police Department has been notified of this request and has no objections, however, they have requested that all properties east and west of the property be offered the option to annex in efforts to provide consistency in addressing and to reduce confusion to emergency service providers. Staff has sent letters to the property owners directly east and west of the site. If they wish to annex, the attached City Council Ordinance and Resolution can be amended accordingly. Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: Section 18.135.030: This Section addresses approval standards for annexation proposals and is satisfied because: The applicable Comprehensive Plan Policies and Community Development Code provisions have been reviewed and satisfied as previously indicated in this report. The City of Tigard zoning designation of Neighborhood Commercial most closely conforms to the County designation of the same classification. This also satisfies Comprehensive Plan Policy 10.1.3. The determination that the affected property is an established area is based on the standards set forth in Chapter 18.138 of the Tigard Community Development Code and OAR 660-007-0005. Section 18.138: This Section provides standards for the classification of annexed land and is satisfied because: The affected property meets the definition of an established area and shall be designated as such. SECTION V. OTHER STAFF COMMENTS The City of Tigard Engineering, Public Works, Police and Water Departments have all reviewed this proposal and have offered no comments or objections. STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4 ZCA 98-0007 - TURNER ANNEXATION 6/9/98 PUBLIC HEARING Ila 1111110 a SECTION VI. AGENCY COMMENTS The Metro Area Boundary Commission, Tualatin Valley Fire and Rescue District, Unified Sewerage Agency, Columbia Cable, Metro Area Communications, TCI, Tualatin Valley Water District, PGE, NW Natural Gas, US West Communications, GTE, and Washington County have had the opportunity to review the proposal and have offered no objections. BASED ON THE FINDINGS. INPICATED.ABOVE-. PLANNINGSUFF.. RECOMMENDS APPROVAL OFiZ®NE C~,lA.NGi~AidNfMTION 4 ' 1 (ZCA).:98-0007°"TURNEI,Ad~fP'@'C®N.' r May 21, 1998 PREPARED BY Julia Powell Vajduk DATE Associate Planner rc. May 21-1998 APPROVED BY: Richard Bewepdo-iff DATE Planning Manager i s\curplnyulia\annex\zca98-07.doc i i STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4 ZCA 98-0007 - TURNER ANNEXATION 61910 7UBLIC HEARING NEEMM, Depending on the number of person wishing to testify, the Chair of the Council may Init the amount of time 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. 9, 9 9 8 PLEASE SIGN IN TO TESTIFY ON THE AT7AC&HED SHEETS PUBLIC HEARING (QUASI-JUDICIAL) - LEHMAN/92ND/CORAL STREET ANNEXATION - ZCA 98- 006 (PERRY) A request to annex five tax lots totaling 1.63 acres into the City of Tigard and change the zoning from Washington County R-5 to City of Tigard R-4.5. Locations: 9225 and 9255 SW Coral Street, 9250 and 9314 SW Lehman Street and 9885 SW 92nd Avenue. (WCTM 1S126DC, Tax Lots 03000, 03001, 03002, 03900 and 03800). AGENDA I'T'EM[ NO. 6 PLEASE PRW- Pro neat - (S In Favor) Opponent - 'S A asst Name, Ad" 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. Depending on the munber of person wishing to testify, the Chair of the Council may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. AGEND ;I~dgD #ary_ - s= » : D . W-1 1lne 9-","I ..m PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS PUBLIC HEARING (QUASI-JUDICIAL) - SITE NORTH OF SW LOCUST STREET AND WEST OF SW 87TH AVENUE ANNEXATION - zCA 980007 (TURNER) A request to annex one tax lot consisting of .11 acres into the City of Tigard and change the zoning from Washington County Neighborhood Commercial to the City of Tigard Neighborhood Commercial; C-N, Location: north of SW Locust Street and west of SW 87th Avenue. (WCTM 1S135AA, Tax Lot 00400). 1 AGENDA rg ELI NO. 7 aE' ASE PRA' Pro Went - (S In Favor Opponent - ismLing A ainst Name, Address and Phone No. Name, Address and Phone No. sr~ ~2_ 'Zo ISskb«Y-A-^J Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. 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. enda '°ii~ Tigard Council Tentative Ag 0~12g19~ Bustt►ess '1121198 ' orks~°~' Dui; 1116 0~ 114!98-BuslneSS Due: jig Study session 0612319 B°siness DUe. 117, VVorksh°P 6111 study session 061 199- Due: Report on ue' 614 Study Sesston Aesthetics - topics o code using Regulations of 'Wor op Review of N inenda- ntingzd CO ^f VCA - presentation by T k force Recom Jurisdictions - eting• ley (2Q min') bons from Mich 2 Paula will be showing a (jim HendryX) 629-853`1( ,lv should video, therefore, a Consent Agend be accessable• ivate Encroachment of ~ Owners onto Visioning prope petty _ W egner Consent Agenda School Disaict- City lSurveys Prog'~m Inspection mart coming enda Modified Sum Consent Ag David Scott OPEU Contracn Award LCRB -Deng from eservoir lnterse h+ienlor W ater R 1edeman c- Slide,presentation Walnut ti Gomntunity Transit (Tn on K s Meeting code m to Met) Aim endryX BusineS hop Topics pub. Krg HousWte Rate Works Pub Hrg, Solid o~ ment Adjus tment Meeting pevelop O 3 Business KeannP~+Krg Meeting public Hearing Hen" Budget siness iew (jim shared revs Q Budget Kear'ng code Rev ick $ewersdorf~ _Z Sup Budget Krg• dryx, D W 1997-98 Reimbursement K Public Keating- Pp~' ~t Krgs. sewer Report Vacation Adjacent to 66th Washington Sc]u mb on G on Grant ending (R enues Avenue State-Shared Krg. Rev Capital Improvement Program (Gus) ounty public eating- VI C K CPA. MEMORANDUM Agenda it®m No. _La b CITY OF TIGARD, OREGON Ni®eting of ~ I G h2 TO: Honorable Mayor and City Council FROM: Bill Monahan, City Manager DATE: May 5,1998 SUBJECT: COUNCIL CALENDAR, May - July 1998 Regularly scheduled Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. June *9 Tues Council Meeting (6:30 p.m.) Study Session - Business Meeting 12-14 Fri- Sun Tigard Festival of Balloons - Cook Park * 16 Tues Council Workshop Meeting - (6:30 p.m.) * 23 Tues Council Meeting - (6:30 p.m.) Study Session - Business Meeting Ju 3 Fri Fourth of July Holiday - City Offices Closed 4 Sat Old Fashioned 4th of July - Tigard High School * 14 Tues Council Meeting - (6:30 p.m.) Study Session - Business Meeting * 21 Tues Council Workshop Meeting - (6:30 p.m.) * 28 Tues Council Meeting - (6:30 p.m.) Study Session - Business Meeting August *11 Tues Council Meeting (6:30 p.m.) Study Session - Business Meeting * 18 Tues Council Workshop Meeting - (6:30 p.m.) * 25 Tues Council Meeting - (6:30 p.m.) Study Session - Business Meeting i Aadm\cathy\council\cccal.doc AGENDA ITEM # FOR AGENDA OF June 9.199a CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Appointments to the Library BoaLS, and the Planning commission PREPARED BY: Susan Koepping_ DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL. Appointments to the Library Board and the Planning Commission. STAFF RECOMMENDATION Adopt the attached resolution appointing David Chapman to the Library Board and Lisa Incalcaterra to the Planning Commission. INFORMATION SUMMARY On May 1, 1998, the Mayor's Appointment Advisory Committee interviewed candidates for vacancies on the Library Board and the Planning Commission. Attached is a resolution which, if adopted, would approve the appointments recommended by the Mayor's Appointment Advisory Committee. OTHER ALTERNATIVES CONSIDERED Delay action on the appointments. VISION TASK FORCE GOAL AND ACTION COktMITTEE STRATEGY Goal: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. FISCAL NOTES none :\cirywidesum.dod:WDM\SUSANK\TASKFORC\CHAPMAN1.DOCI: ADM\SUSANK\TASKFORCUOINTSUM.DOC AGENDA ITEM # 3. a-, FOR AGENDA OF Co l R 1 G $ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE 110th & Park Street Storm Drainage Improvements PREPARED BY: Vannie Neu en DEPT HEAD OK! CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the construction of 110th & Park Street Drainage Improvements ? STAFF RECOMMENDATION The staff recommends the Local Contract Review Board, by motion, approve the contract award to Wystan Brown Excavation in the amount of $104,820. INFORMATION SUMMARY The proposed storm drainage project from 110th Ave. & Mira Court to 107th Ave. & Park Street is a project approved in the 1997-98 CIP and funded under the Storm Drainage System Program. This project provides an underground drainage system to resolve the serious drainage problems on Park Street. The project was initially for a pedestrian pathway. Citizen input through the CIP formulation process resulted in cancellation of the pedestrian aspect of the project and initiation of a storm drainage project for that segment of street. The scope this project includes upgrading the existing pipes and catch basins, installing new pipes, replacing existing landscape and obtaining utility and construction easements. Approval of the contract award of 110th & Park Street Storm Drainage Improvements will provide additional drainage capacity for the existing drainage system. The bid opening was conducted on May 26, 1998. The bid results are: Wystan Brown Excavation Boring, OR $104,820.00 Warren Brown & Associates Tualatin, OR $149,975.00 Engineer's Estimate $116,208.45 OTHER ALTERNATIVES CONSIDERED None FISCAL NOTES The amount of $95,000 is budgeted from 1997-98 Storm Drainage System Program for the Park Street Drainage project. So far, the City has spent $9,000 to obtain utility and construction easements leaving $86,000 in this fiscal year's project fund. An additional amount of $35,000 has been requested to supplement the project funding to allow construction in FY 1998-99. F.1eng%9ftpipark%3undoc CITE' OF TIGARD FACT SHEET 13125 SW Hall Boulevard Tigard, OR 97223 Contact: Vannie Nguyen, P.E., (503) 639-4171 AGENDA: June 9, 1998 TOPIC: 1 I Oth Avenue & Park Street Storm Drainage Improvements BACKGROUND: The proposed storm drainage project from 110th Ave. & Mira Court to 107th Ave. & Park Street is a project approved in the 1997-98 CIP and funded under the Storm Drainage System Program. This project provides an underground drainage system to resolve the serious drainage problems on Park Street. The project was initially for a pedestrian pathway. Citizen input through the CIP formulation process resulted in cancellation of the pedestrian aspect of the project and initiation of a storm drainage project for that segment of street. This project includes upgrading the existing pipes and catch basins, installation of the new pipes and manholes, removal and replacement of existing landscape, acquisition of utility and construction easements. Completion of this project will eventually provide additional drainage capacity to the existing drainage system . A mandatory pre-bid confeaence was held on May 22, 1998 and bids for the project were opened on May 26, 1998. The low bid of $104,820 was submitted by Wystan Brown Excavation. COST: The amount of $95,000 is budgeted in the FY 1997-98 Capital Drainage System Program for the Park Street Drainage project. So far, the City has spent $9,000 to obtain utility and construction easements leaving $86,000 in this fiscal year's project fund. An additional amount of $35,000 has been requested to supplement the project funding to allow construction in FY 1998-99. heng\Wdp\perkVect. doc AGENDA ITEM # 3A b FOR AGENDA OF~a~ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Raw Monitoring Contract with Montgomery Watson PREPARED BY: Ed Wegner DEPT HEAD OK CITY MGR OK b N ISSUE BEFORE THE COUNCIL Shall the City of Tigard enter into a contract with Montgomery Watson for a one year Raw Water Monitoring Program for the Willamette River. This contract will be on behalf of the Willamette Water Supply Agency (WWSA) and Treatment Plant Project members. STAFF RECOMMENDATION Staff recommendation is for the City, on behalf of the Willamette Water Supply Agency (WWSA), to enter into a Raw Water Monitoring Contract for water quality sampling of the Willamette River with the firm of Montgomery Watson. INFORMATION SUMMARY The participants of the WWSA have been discussing the need to continue the Raw Water Monitoring Program to sample and gather additional information on water quality. The information gathered will assist in making decisions on the feasibility of the Willamette River as a drinking water source. Originally the members of the WWSA were anticipating creating an addendum to the Murray, Smith and Associates contract for Preliminary Engineering and Implementation Plan for a Willamette River treatment facility. However, the member agencies felt the water quality work should be kept separate. All members will reimburse the City of Tigard for their proportionate share (see attached). OTHER ALTERNATIVES CONSIDERED C Do not continue the Raw Water Monitoring Program. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This meets vision goals of participating in the regional development of water sources for Tigard users by developing plans for surface water production and supply. The information gathered will assist in making decisions on the feasibility of the Willamette River as a drinking water source FISCAL NOTES The City of Tigard will pay for this from the Water fund designated account which was created for the Willamette River Project. The City will be reimbursed by other member agencies based upon the formula developed for participation (see attachment) wwsa\watson.sum Y SCOPE OF WORK FOR THE CITY OF TIGARD WILLAMETTE RIVER RAW WATER MONITORING PLAN OBJECTIVES: • To develop comprehensive water quality information on the Willamette River, in the vicinity of a potential intake for a drinking water treatment plant; • To monitor water quality parameters consistent with current drinking water standards and Willamette River monitoring done by others (TVWD, Wilsonville); • To monitor constituents on EPA's current Candidate Contaminant list, contaminants which are currently under review and are pending a regulatory decision; • To monitor known Willamette Basin contaminants, including herbicides and pesticides identified by the USGS in the Distribution of Dissolved Pesticides and Other Water Quality Constituents in Small Streams, and their Relation to Land Use in the Willamette River Basin, 1996; and widely used organophosphates currently under regulatory review by EPA SCOPE: The proposed Raw Water Quality Monitoring Plan will include regularly scheduled sampling for a variety of drinking water quality parameters, microbiological contaminants, trace metals, inorganic chemicals (IOCs), volatile organic chemicals (VOCs), and synthetic organic chemicals (SOCs). The proposed sampling program is designed to encompass current and anticipated federal and state monitoring requirements, in addition to defining river levels of known contaminants in the Willamette Basin. The purpose of the ravv water monitoring is primarily a research effort with the goal of more fully understanding the treatment requirements of 3 potential future treatment facility. SCHEDULE: The sampling program described in this memorandum is proposed for a period of 12 months. At the end of the first year, the data will be assessed and the sampling program will be revised for the conduct of a subsequent twelve-month sampling program. City of Tigard 02/25/98 Willamette River Monitoring -1- DESCRIPTION OF MONITORING PLAN Analytical Program The sampling program involves weekly sampling for the routine water quality parameters which are relevant to drinking water treatment, as well as weekly and monthly sampling for accepted physical, biological and chemical indicators of water quality. The program also includes approximately quarterly sampling for an exhaustive list of organic and inorganic chemicals, to include the parameters regulated under the Safe Drinking Water Act, EPA Candidate Contaminants, and known pesticides and herbicides in the Willamette Basin. Table 1 presents a comprehensive list of targeted contaminants. The weekly, monthly, and quarterly schedule of analyses and costs is presented in Table 2: Analytical Schedule and Costs. Viable methods have not yet been developed for microbial contaminants on the EPA Contaminant Candidate list, and as a result, they will not be sampled. For the same reason, acrylamide and epichlorohydrin will not be sampled; both contaminants are regulated by treatment technology rather than measurable limit. Weekly Sampling A total of eleven analyses will be conducted on a weekly basis for common physical, chemical and biological indicators of water quality. These weekly indicators will include pH, turbidity, temperature, alkalinity, hardness, total organic carbon, dissolved organic carbon, UV254 absorbance, total and fecal coliform bacteria, and heterotrophic plate count bacteria. Monthly Sampling Four samples will be analyzed on a monthly basis for inorganic, aesthetic and biological indicators of water quality. These monthly samples include ammonia nitrogen, Giardia and Cryptosporidium, and samples for flavor (odor) profile analysis. Quarterly and Storm Analysis Most of the organics, metals, and virus sampling will be conducted on an approximately quarterly basis to gather data fror- two routine sampling events and two storm sampling events per year. The first routine sampling event is proposed in May/June at a time when non-storm level flows are expected. The second routine sampling event is proposed in August/September and will reflect water quality at low-flow conditions. The first storm event is proposed in October/November, timed to catch the first flush of pollutants into the river and the second storm event is proposed in January/February. For the two storm events it will be necessary to identify a sufficient precipitation event and delayed sampling time to collect samples accurately corresponding to the event. As a City of Tigard 02/25/98 Willamette River Monitoring -2- proposed guideline, the first 2 inches of rainfall in a 24-hour period will constitute a sufficient "flushing" storm in the Fall months. For the Spring storm, a precipitation event of 2 inches of rainfall in a 24 hour period will constitute a sufficient storm, but may be adjusted based on judgment of the actual annual precipitation compared with an average year. For both events, a delay of 2 days is proposed to collect water quality corresponding to the storm event. Quarterly sampling events will be conducted for the inorganic and organic parameters. The inorganic analyses will include metals, as well as bromide, nitrate-nitrogen, fluoride, and radionuclides (gross alpha/beta emitters only). The organic analyses will include more volatile and synthetic organic chemicals, industrial chemicals, pesticides, and herbicides. In most cases, multiple organic chemicals are measured in a single analytical procedure so that it is possible to design "packages" of analyses. For example, a single analysis for organochlorine pesticides can include measurement of 28 different organic compounds, including PCBs, DDT and many common pesticides. Similarly, approximately 60 organic chemicals can be included in the single analysis for "VOCs". O Laboratories. The analyses discussed above will be performed off-site. Only three water quality parameters are proposed for on-site analysis: pH, turbidity, and temperature. pH and temperature will be affected by sample transport and storage time and must be done on-site. Turbidity measurements are relatively straightforward and are also best conducted on-site. Cost estimates are based on typical analytical packages used by Montgomery Watson Laboratories to analyze the targeted contaminants. As much as possible, analysis will be contracted with local laboratories to reduce costs, such as shipping. Required Support for Analytical Program Sampling. Labor and direct costs will be required to perform sampling in support of the monitoring program. The most cost-effective approach is for Tigard to assume responsibility for routine sampling, and for purchase of a limited amount of sampling equipment and supplies. The estimated labor requirements to perform sampling are summarized in Table 3: Tigard Labor Requirements. Routine sampling is estimated to require an average of 4 hours per week. Additional time will be required for monthly, semi-annual, and storm sampling. Montgomery Watson (MW) will provide the training for on-site sample analysis, sample collection, shipping, laboratory data log-in procedures and record-keeping to the designated Tigard staffperson. A minimum amount of equipment and supplies must be purchased in support of the sampling program. Table 4: Tigard Equipment and Supplies lists the required elements and provides cost estimates. Costs include the lease of a sampling shed for one year. For purposes of this plan, it is assumed that the sampling shed will be located at the Wilsonville site previously used by the Tualatin Valley Water District (TVWD) for Willamette River Raw Water Monitoring. Every effort has been made to minimize these City of Tigard 02/25/98 Willamette River Monitoring costs by limiting the number of on-site analyses. These costs will be assumed by Tigard, and have not been included in the scope of services or cost estimates for the Willamette River Raw Water Monitoring Plan. Equipment costs would be reduced by borrowing sampling equipment from TVWD. TVWD has indicated the sampling pump, turbidimeter, and pH meter used for previous monitoring could likely be available for T igard's use. Project Management. Labor and direct costs will be incurred to oversee the sampling program, to assure the quality of the data and to provide interpretation of results. MW proposes to receive results from on-site analyses, and from the laboratory completing the analysis. MW will input the raw data into a spreadsheet. The MW Project Engineer will verify the accuracy of the data entry and will maintain all project data files. The MW Project Engineer will assume responsibility for maintaining project schedule, resolving laboratory and sampling problems, and for making modifications to the sampling program based on results. The MW Project Engineer will review and identify abnormalities or absences in data collection and analysis. MW will prepare an annual report to summarize and interpret collected data, and will distribute the report to Tigard and others that they may designate. The estimated average level of effort is 5 hours per week for the data entry and project management tasks described above. MW labor costs are summarized in Table 5: MW Labor and ODCs. A minimum of direct costs will be incurred in support of MW's data entry and project management role. These costs are also summarized in Table 5. Project Costs. Labor and direct costs have been described in the above sections, and are provided in Tables 2 through 4. These costs are not included in Montgomery Watson project cost estimates. Project management labor and direct costs for MW's proposed role in the sampling program total $19,600 per year. Equipment costs for the first year are estimated to be $10,500, but could be reduced by using TVWD sampling equipment. Annual analytical costs are estimated to be $33,400. The total project costs for the first year are estimated to be $63,500. This figure does not include Tigard sampling labor costs, and no contingency is built-in for lost or damaged samples. QUALITY CONTROL PLAN: The purpose of this plan is to ensure implementation of a sampling program that will meet the program objectives, to provide proper measurement of water quality parameters throughout the duration of the program, to provide error-free data management and presentation, and to provide careful review of results. City of Tigard 02/25/98 Willamette River Monitorins -4- Water Quality Parameters Turbidity. Analyses will be performed using Standard Method 2130 (18th Edition). The benchtop unit will be calibrated prior 'to weekly sampling using prepared primary standards. Secondary standards will be used as necessary to verify calibration of the turbidimeter. All glasswar. used for turbidity measurement will be cleaned and handled using lint-free tissues to prevent scratching. pH. Analyses for pH will be performed according to Standard Method 4500-H+ (18th Edition). A two-point calibration of the pH meter will be performed prior to weekly sampling using certified pH buffers. Temperature. Measurement will be performed using a standard laboratory thermometer, reading in degrees Centigrade. The thermometer will be placed in a 250 mL beaker receiving continuously running water from the influent sample tap. The thermometer will be allowed to equilibrate for five minutes before the temperature is recorded. Off-Site Analyses. An off-site laboratory will be contracted to perform several analyses. Samples for the laboratory will be labeled, logged, and handled according to procedures established by the contracted laboratory. Samples will be collected, preserved and stored in accordance with the method, and will be delivered to the laboratory within 24 hours of sample collection. Some analyses including metals, some inorganics and organic chemicals may need to be sent to specialized laboratories. As much analytical work as possible will be contracted with local laboratories in order to reduce costs. Data Management A database will be set up in Microsoft Excel spreadsheets. Data from on-site analyses will be recorded in a laboratory research-type notebook, with the ability to produce carbon copies of each page. The Tigard analyst will record sampling information and results in the research notebook. Carbon copies will be forwarded and checked by the MW Project Engineer. Other data, including analytical results from the laboratory will be received by the MW Project Engineer. After acceptance by the Project Engineer, data sheets will be forwarded to the MW secretary for entry into the database. The secretary will input the original data and print out a hard copy for review by the Project Engineer. The Project Engineer will review each spreadsheet data point against the original laboratory or notebook report and will note any changes on the printout. The secretary will perform the changes and print out a final hard copy, and verify that the correct changes were made. Data will be exported directly from the database into commercial graphics or statistical software packages for presentation, analysis and reporting. City of Tigard 02/25/98 Willamette River Monitoring -5- Reporting Quarterly monitoring will be reviewed by MW for quality control of sampling and analysis. A summary report will be approximately one page in length (of text) and will summarize monitoring highlights. A one-year progress report will be prepared at the end of the fourth sampling quarter. This report will present the year's data and will make recommendations for modifications for the next one-year sampling program. i City of Tigard 02/25/98 Willamette River Monitoring -6- TABLE 5 WILLAMETTE RIVER RAW WATER MONITORING PLAN MW LABOR AND APCs ANNUAL TASK HRS/WEEK HRS/QUAR HRS/YR COST PERSON MW LABOR Initial training 12* $900 Van Duser Data input 2 $4,680 Secretary Project Management 2 $7,800 Work Quarterly Report 12 $3,600 Work Annual Report 20 $1,500 Work LABOR SUBTOTAL 4 12 20 $18,480 MW Associated Project Costs 2 8 12 $1,073 APC SUBTOTAL $1,073 TOTAL COSTS (MW LABOR + APCs) $19,553 AVERAGE WEEKLY LEVEL OF EFFORT = 5 HRS/WEEK TOTAL HOURS PER YEAR REQUIRED = 276 HRS NOTE: Initial training will be a one-time effort, requiring 10 hrs Van Duser. MEMORANDUM CITY OF TIGARD, OREGON! TO: Honorable Mayor & City Council( ~FROM: Cathy Wheatley, City Recorder DATE: June 3, 1998 SUBJECT: Council Agenda Items 3.4b and 3.4c Both of these Council Agenda summaries refer to an attachment. This attachment would show the Council the reimbursement formula for participating agencies. This attachment was sent by fax and we discovered the copy is not readable. Staff will obtain a better copy and include it with this week's Council newsletter. 1 AADWCATHY1060998. DOC AGENDA ITEM # 3A C. FOR AGENDA OF _ q R6 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Rocke Bowler Public Information Contract PREPARED BY: Ed Wegner DEPT HEAD OK CITY MGR OK 10N! up) ISSUE BEFORE THE COUNCIL Shall the City of Tigard, on behalf of the Willamette Water Supply Agency and Treatment Plant Project participants, enter into an agreement with the firm of Rockey Bowler to develop a public information program on development of the Willamette River as a drinking water source. STAFF RECOMMENDATION Staff recommendation is for the City Council to continue working with Rockey Bowler and the Willamette Water Supply Agency (WWSA) by approval of this contract. INFORMATION SUMMARY The WWSA has been working with Rockey Bowler on a contract approved by Tualatin Valley Water District to begin this program. As a follow through, we stated that Tigard would approve the long term contract with Rockey Bowler and be reimbursed by participating agencies based upon a calculated formula (see attachment). OTHER ALTERNATIVES CONSIDERED Five consulting firms were interviewed by a panel of Willamette Water Supply Agency members and Rockey Bowler was the firm recommended by the group. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This meets vision goals of participating in the regional development of water sources for Tigard users by developing plans for surface water production and supply. This program will provide the necessary format for educating and keeping the citizens of the Tigard water service area informed. FISCAL NOTES The $195,500 contract will be paid from the Water fund and the City will be reimbursed from other participating agencies on the formula developed based upon need and plant capacity (see attachment). wwsaftwlensum 04/06/98 14:47 IMS03 274 7689 ROCM BOWtF,R W002 STAleT11pARD CLIENT AGREEMENT Apra 1, 1M ROCXXY BOWL= P17111 UC IUM ATIONS (-ACANCY") Rocky Bowles Public Relationq, a division of The Rodmy+ Company, Inc., herein rairrexi to as the Agency, oars to clients a broad range of services, i duft public rdafxo M pul alit affiurs, investor relations, marketing cornaamkationk and graphic design. These services assist cdicat organizations to plan and carry out programs to meet their objectives. RE 9PONMHZIUS The Agency has the basic responsibilities of providing professional services as may b e required to help the Client carry out its program and to undertake other responsibilities requesteI by the (lent, as agreed to by the Agency in writing. SERVICES The Agency of$era these basic services; counseling and planning; writing and releasing news materials for newspapers, radio, television, and consumer and trade publications; writing editing and producing internal and external publicatons, news media cor►tact, training for clients having contact with news meth i, arranging press eon&rencec; preparation of andkvIvisual m ateriais, special mmnnts manrigerrw nt; graphic dess M Intemet Web gage design; wVloyec, ftm cial, custcaxr, shareholder and legislative communications; development counseling for ronprofit organizations; and special assignments- The Agernsy also offers market, media and rpinien research and advertising, utilizing its own staff or working in cooperzition with indep endent firms. ACCOUNTMG 1. Fees Charges for the services of the Agency will be based on the experienoe level and tium invested by staff members to carry out the programs and activities approved by the (Beat. How ly rates will vary depending on the skin and mqxfence of the Agency`s participating officers, su.fmembers and/or affiliated graphic artists, and, in souls cases, will reflect efficiency, project as nplmtty, expeatise required, special deadlines, achieved results, and mnilar factors. Fees will tie balled hourly toeless the Client and the Agency specifically agree otherwise in writing 2. Expenses The following materials and services purchased on behalf of the Client from outside xupprwrs will be billed to and paid for by the Client. To cover the oasts of handling, maintaining a :sou ntability, and financing transactions, a handling cost of 17.6 percent will be charged on these i ums Printing Exhibits and display materials Computer typehmage processing and Audiovisual equipment output Photocopies Retail advertising Sillrscreening Research Iltustratwns Masc. production Photography serviaa and supplies Shipping, messengers, postag:, supplies Video and film production News monitoring, clippings Audio and TV talent, recordings, Public relations wire services duplicates Reproduction rights 04/061,98 14:4 8 0503 274 7689 ROCKY BOWrFR 0003, Costs amocuded with printing, photography, audiovisual and other major services o~ *red by the Agency on behalf of the Client and provided by third parties vM be billed net by the : atcppfier directly to the CH" whenever poulllo. The following eoc xmws will be billed net to clients: teleplhoar, cable; travel and car rental Faxes and photocopies wM be billed at a standard per pW rate. Advertising communion iwAved fr+osn media will be retained as compensation by the Agency. Metrn-area auto tracvd will to billed a 30 its per mile. TIMMS OF AGMEM fEDTT The Agency-Client relationship shall commence on the date specked on Page 1 of ibis Agreement and continue in force until terminated by either party. In the event the Client tee tes the relationship, the Agency shag be given reasonable time to complete work on any pro ects that the Gient requests be compleited. The Client agrees to pay the agency on an hourly ba.6; for such work completed, plus expenses incurred, or for the percentage of the project(s) completed- DII.IING AMID ]PAYING PROCEDURES Normally, the Agency mails all statements monthly. Paymeat of Agency invoices is j eyaired upon receipt of the invoice. Interest of 11/2 percent per month will be charged on all unpaid balances of more than 30 days. Hourly time charges far Agency staff work will be billed monthly on a work-in-prog-ess basis and expenses will be billed monthly as they are incurred and as supplier invokes are rec a ved. When major projects require substantial Agency services and raq eases, the Agency ianybill estimated costs at the beginning ofthe project, with payment required before the project is started and/or before the service is completed or the material is delivered. GENERAL PRO'4'IONS 1. Changes and Cance1[lations The Client has the right to modify, revise or cancel any plans, schedules or work. T Le Agency will take proper steps immediately upon instructions from the Chem to effect such [.i=Me&. However, the Client agrees to pay for all fees for services and for all expenses ia= ed to date. Additionally, the Agency reserves the right to adjust any schedule in the event the Client fails to mm the agreed upon deadlines for delivery of infoYmaflon, materials, approvals, dh nges, instructions as to deletions or additions to services, or payments. 2. Cost Estimates Estimates of anticipated costs for major projects will be provided at Client's request if time permits. rn such instances, schedules and estimates are to be signed by the Client and returned to ' the Agency and shall serve as authorization for the Agency to incur such costs on tin. half of the Client. The Agency will use its best efforts to estimate costs, but cannot assure the - Meant the the cost estimates will not be exceeded By signing cost estimates, the Client authorize: any reasonable additional costs incurred in completing the project 3. Accuracy and Indemnification Each party agrees to indemnify and hold harmless the other from any claims, suits, d arnages, demands, or actions, including costs and attorneve fees, that may arise out of any ar:: or omission in the pabarmance of this agreement. 4198 04/08/98 14:49 U503 274 7089 ROCREY BOWLER Q1004 4. Confident aW.. The Agency agrees to maintain sty confidentiality concen ft information, repMet ttaflons, reports or data mippiied the Client for use by the Agency in the performance of its re sponslblities under this Agreem=. No ikon shad be r4woed to any person, w mapt under compulsory process, by the Agency whb = expreas prior Wroval of the Client. S. Releam Where photographs, copyrigbt material, artwork or any other property or rigbta belenging to tbird parties are acquired for use in performing senvic es for the Client: a. The Agency will obtain proper releases, licenses, permits or other authorizations f)r such materials acquired by it and well indemnify and hold the Client harmless from all claims, costs, loss or HADity arising from use ofmaterials so furnished; and b_ The Client will obtain authorization for use of such materials f tmished by it to the Agency and will indemnify, defend and hold the Agency harmless from all claims, costs, loss ck_ liability arising from the use of materials so f umahed. 6. Materisas atontge The Agency will store all artistic and photographic materials pertaining to awhorizer.. jobs for one year from date of completion or cancella hm 7. O n enhhip of 11f aterisis a. Agency-created materials - With the exceptions noted below, all original materials or spec is rights to materials created by the Agency's staff members on behalf of the Client, Such as copy, artists' layouts, design sketches and World Wide Web page designs, are the property of the Client once tE a Agency charges are fatly paid. The exoeptions include photographs and illustrations, who h are suth ect to separate owner3Wusage agents, and, type Sorts, software and oar components that are used under mare ftaureve licensing agreements in graphic design work for the. Client by the Agency and that are subject to limitation on future use and reproduction pur suarm to the terms of such licensing agreements - In ease of the termination of the Agency aftm- M payment, the Client at his or her option may obtain all of these materials or ask that they be do s troyed. b. Materials created by outside suppliers - Rights to photography, illustrations, artwork, copy and other materials created by outside suppliers for the Client remain the property of'i he outside suppliers except fnr the rights specifically purchased by the Client or by the Agen y for the Clierrt. (See Copyright Act of 1976.) c. Priam' & engravers' materials - Printing materials, such as electronic files, negat i ves, separations, lithographic plates, engravings, etc., remain the property of the printer or engraver performing the original work. This is in compliance with standard and accepted prkdag trade prr dces. In the event of termination of the Agency, the Client retains the right t : s order at his or her expense, according to printer's terms and conditions of sale, additional rer.6ntings from these materials either directly or through a newly designated agency. 8. Authorkation It is understood that the Agency, in performing services for the Client, is ernpowemti: to engage in the foilouring activities at the direction and tinder the control of the Client- a. Cont mctiag in the Client's name for suthodwd printing, typesctiing, graphic desi i p or other publication or communication media activities, 4199 04/06/98 14:30 12303 274 7689 ROCKEY BOrrrER Q004 b. Airplane cw othor travel &Ctivides MkMe d in by AgecW perg=md on the Clied's bekY and 88 authorized by tha Cfaent or arrmiged for the Client by the rd 5CM ofthe Agcy. c. Thai m=V of any Othw iUdnB, inch as meager sSSvwcs, Adiawry and offim wpplics, reproduadons, tie &MV%% ffmgK post e, *l eagles: or My 0Iber AMS for which the Cart vl be billed. The Client ar= to index the aeg for such aatrvi4ies undertaken as agent fbr the CheM and, wl= n =smy, dcfmd the Asmy 89=13t All wbons to collect such amounts. 9. Centrofling IAw, Years and Arbitration The Wdes agm that any dispute under this contract shall be govented by the law 0 Fthe M" Of Oregon and that venue lies m Washirigton Corrrtty, Oregon. The page agree to Ordure any dispute in accordancet with the construction industry rules of the A icaan Albhm6l ►a Association. 10. Mtarneaya' Fees in the event of any action at law or suit in equity in relatioa to this Agreement, the wailing party shall be entitled to reunburmuent of arty court costs and attorneys' fees inearr!d in that action. In the event the Agency must i sft tc collection procedures, the Client also will pap the costs of collection, inchulftig, but not limited to, any court costs and attorneys' fees ia+crured in any action at law or suit in equity in relation to this agreement, or any appeal taken tixTcEem. 11. Termination for Default in the event of nonpayment for services which is not on-ad within three (3) days afte r notice to the Client, the Agency shall have the right to terminate this Agreement and witbhokl all files and materials belonging to or concerning the Client until the Agency is paid in f M any sans due and owing under this Agreement. LETTER AGREEMENT The teams of this stand" Client Agreement apply unless specifically suppWma ted or revised by an agreement igned by the Client and the Agency. Accepted and approved: ROC KEY BOWLS PIWUC RELATIONS, CLIENT. CITY OF TLCARD a division of THE ROCKEY COMPANY, INC. By By Michele Bowler, Premdent Ed Wegner, Dir. of :FuWc Works Date Date _ 4 4/98 04/08/98 14:50 12303 274 7889 ROCFEY BOWLER IM006 ADDMDUM 91 TO STAAIDAM CLIENT AGRKEMMT, DATED AprZ 1, 1"S Scope of Servim as described in "Strpt c C mm uaication Progtalo for the Willwecft Wa W &uWy Agency; February 4, 1998 Accepted and approved: ROCKEY BOWLER PUBLIC RELATIONS, a CLIENT: CITY OF TIGARD division of TBE ROCREY COMPANY, LNC. By-- ~3 Signature Signature Michele Bowler President Ed Wegner, Dir. of Pt blic Works Priabed name/title Primed nameJdtle Date: April l ~19R8 Dwe S 4J9R 04/08/98 14:51 IT503 274 7889 ROCICEY BOWLER @1007• ADDENDUM # 2 TO STANDARD CLAM T AGREEMENT, DATED April 1,19918 ' Iili: WORLD W1®E WXB FACZ 1LDES' GN SERdIC :S SERVICES TO RE PROVIDED TERMS AND CONDMONS 1. Rockey Bowler Public Relations, (`Agency"), a division of The F%D&ey Compan.,, Inc. provides World Wide Web page design services. When you hire the Agency to pe rm the services described above, you hereby agree to comply with the terms below. 2. The Agency makes no representation or warranties of any kind, either expressed ~ it implied, including, but not limited to, the warranties of fitness for a particular purpose andlor merchantability for services provided. The Agency is not respondWe for arty damages suffered from the use of its serviow under any a ances whatsoever, including, but not I nited to, copyright infringement, service interruptions, loss of data, dela~-s or third-party litiga tion. 3, You hereby warrant, represent, covenant and agree drat you have the full rigbt, p ewer and authority to enter into this Agreevaent; the rights to any material provided to the Ag(mcy, inrdudmg all of the titlea, lyries and music of any, each and every part thereof, delive:-ed for use in your Web pages are owned by you; no material shall, either in whole or in part, be at i imitation or copy off, or infringe upon, any other material, or violate or infiinge upon any common law or statutory rights of any party including, without limitation, contractual rights, copyrights and rights of privacy. G 4198 04/106/98 14:62 22303 274 7689 ROCKY BOWLER Q008 AD►D UM RE: WOFMD VaDE VaM PAGE DFMGN SERVICES - Paige I You hereby indemnify, save and hold the Agency, its successors and assigns, haunters frost any and all liability, ckhnau demands, loss and damage (mchuling counsel fens and court 1 *sts) arising out of or meted with any claim or action by a third party which is inconsistent vi th any of the warranties, sepresaitations cr a, w mode by you and wall r ume tbo Agar cy, on demand, for any loss;, cost, expem or damage to which said iridemnnhy applies. 4, You shall use the site or pap treated by the Agency f nr lawfltt purposes only. You shall not post or fsnsmmt ft-ough the Agency or ask the Agency to post or transmit any mate ial which violates or hi inges upon the rights ofott>ers, or is unlawful, threatening, abusive, dtdamatory, invasive of public or pdvsae r4ft vulgar, obscene or otherwise objectionable or m+ich encourages conduct that would constitute a criminal offense, give rise to a civil lialri I ity or violate any law_ 5. The Agency is not responsMe for the control of or content of inforowdon, avaiilaW a though the Internet. For this reason, you certify thntt you are at least 16 years of age and you a9 runic all responscbrb'ty for supavisir the activities of as underage user. In addition, any inir rmation obtained through an Agency-created Hite is at your own rte- Accepted and approved: ROCKEY BOWLER PUBLIC RELATIONS, a MEW: CITY OF 7'MARD division of TB E ROCKEY COMPANY, INC. By By - Signamm Signatum Nfrchele Bowler. President Ed Wggm Dir. of Public Works Printed namchitle Primed nameltitle Date A~-~nl 1, 1998 Date _ 4/98 MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder DATE: June 3, 1998 SUBJECT: Council Agenda Items 3.4b and 3.4c Both of these Council Agenda summaries refer to an attachment. This attachment would show the Council the reimbursement formula for participating agencies. This attachment was sent by fax and we discovered the copy is not readable. Staff will obtain a better copy and include it with this week's Council newsletter. I:1ADMICATHYM0998.00C AGENDA ITEM # FOR AGENDA OF -Tuno- CITY S OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Ordinance Amending Records Retention Schedule PREPARED BY: N. Robinson/1 • &eA~21DEPT HEAD OK CITY MGR OK ! . ISSUE BEFORE THE COUNCIL The City of Tigard's current retention schedule was adopted in October of 1989. Since that time, the State of Oregon has developed a retention schedule applicable to all municipalities. The issue before Council is whether to adopt the new schedule or have staff apply to the State for renewal of the City's special schedule. STAFF RECOMMENDATION Staff recommends adopting the 1998 schedule developed through the Oregon State Archives department. INFORMATION SUMMARY In 1988, City staff began an in-depth inventory of City records, identified record series kept by the City and recommended retention periods for the records. The retention periods were reviewed by and approved by the City Attorney's office. The recommended schedule was sent to the State Archivist for approval. A special schedule was approved by the Archivist and in October 1989 was adopted by City Council. In 1997, the State Archivist's office began review of the general records retention schedule for municipalities outlined in State statute. As part of the process, State Archives staff brought in city records' professionals from around the state to help review the current records series, recommend new series, and discuss retention lengths. The City of Tigard's Senior Records and Information Specialist was a member of the review committee. As part of her involvement, she talked with city staff from all departments about the series proposed for their department and the retention periods being recommended. In January 1998, a retention schedule applicable to all municipalities was adopted and is codified in Oregon Administrative Rules Chapter 166. The City's current retention schedule is outdated. Since 1989, the City has added new records series and old series are no longer kept. Adoption of the 1998 State retention schedule will include more of our present record series and the City will be positioned to accommodate new series that will be created in the future. OTHER ALTERNATIVES CONSIDERED Conduct a records inventory and apply to the State Archivist for approval of a special schedule. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES The change will have no direct fiscal impact. AGENDA ITEM 5 FOR AGENDA OF: June 9.1998 - 7:30 PM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUEIAGENDA TITLE Zone Change Annexation (ZCA) 98-0005 - #4U JohnStreet%106th Drive Annexation PREPARED BY: Julia Powell HaLduk DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL, Should the Tigard City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a request to initiate annexation of nine (9) parcels consisting of 3.15 acres located near the intersection of SW Johnson Street and SW 106th Drive? The properties are all north of SW Walnut Street and east of SW Fonner Street. STAFF RECOMMENDATION Adopt the attached Resolution and forward the request for annexation to the Boundary Commission and adopt the attached Ordinance to assign Comprehensive Plan and Zoning Designations to the subject properties in conformance with the City of Tigard Comprehensive Plan. INFORMATION SUMMARY The proposed annexation consists of territory comprised of nine (9) tax lots totaling 3.14 acres which is contiguous to the City of Tigard. The properties are currently developed with single-family residences. The owners wish to annex in order to extend sewer to serve the properties. Attached is a Resolution initiating annexation and an Ordinance to change the Comprehensive Plan and Zoning Designations from Washington County R-5 to City of Tigard Low Density Residential, R-4.5. Staff sent letters to the five (5) properties west of the area to be annexed asking is they wished to join the annexation. A response deadline was set for June 2, 1998. If any of these properties wish to join the annexation, staff can modify the Ordinance and Resolution accordingly. OTHER ALTERNATIVES CONSIDERED 1. Deny the request. 2. The City Council may chose to annex additional parcels that did not chose to join the annexation, using the double majority process, in order to create a more uniform boundary. All five (5) parcels to the west of the area to be annexed and east of SW Tiedeman Avenue are appropriate to be considered. If the Council decides to annex the properties that did not indicate they wanted to join the annexation, staff recommends continuing the public hearing until the next Council meeting so that appropriate notice may be given to the affected property owners. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This request is consistent with Growth & Management "Goal 2." FISCAL NOTES Since the subject territory is within the City of Tigard's Active Planning Area, the City is responsible for paying the Boundary Commission application fee of $605 by City Council Resolution. COUNCIL AGENDA ITEM SUMMARY is\citywide\sum\zca98-05.sum Page 1 of 1 Julia P H 21-May-98 2:30 PM AGENDA ITEM FOR AGENDA OF: June 9.1998 _ 7:30 PIirI CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Zone Change Annexation ZCA 98-0006 - Lehman/92nd/Coral Street Annexation PREPARED BY: Julia Powell Haiduk DEPT HEAD OIL AAE CITY MGR OIL LA- ISSUE BEFORE THE COUNCIL Should the Tigard City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a request to initiate annexation of five (5) parcels consisting of 1.63 acres located north of SW Coral Street, south of SW Lehman Street and west of SW 92nd Avenue? STAFF RECOMMENDATION Adopt the attached Resolution and forward the request for annexation to the Boundary Commission and adopt the attached Ordinance to assign Comprehensive Plan and Zoning Designations to the subject properties in conformance with the City of Tigard Comprehensive Plan. INFORMATION SUMMARY The proposed annexation consists of territory comprised of five (5) tax lots totaling 1.63 acres which is contiguous to the City of Tigard. The properties are currently developed with single-family residences. The owners wish to annex in order to receive city services. Attached is a Resolution initiating annexation and an Ordinance to change the Comprehensive Plan and Zoning Designations from Washington County R-5 to City of Tigard Low Density Residential, R-4.5 for Tax Lots 03000, 03002, 03001 and 03900 and to change the Comprehensive Plan and Zoning Designations from Washington County R-9 to City of Tigard Medium Density Residential, R-12 for Tax Lot 03800. OTHER ALTERNATIVES CONSIDERED 1. Deny the request. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This request is consistent with Growth & Management "Goal 2." FISCAL NOTES Since the subject territory is not within the City of Tigard's Active Planning Area, the City is not responsible for paying the Boundary Commission application fee, therefore, there is no fiscal impact. COUNCIL AGENDA ITEM SUMMARY is\citywide\sum\zca98-06.sum Page 1 of 1 Julia P H 21-May-98 3:38 PM AGENDA ITEM FOR AGENDA OF: June 9.1998 - 7:30 PM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Zone Change Annexation (ZCA) 98-0007 - Turner Annexation PREPARED BY: Julia Powell Haiduk DEPT HEAD OK - CITY MGR OK ISSUE BEFORE THE COUNCIL Should the Tigard City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a request to initiate annexation of one (1) parcel consisting of .11 acres located north of SW Locust Street and west of SW 87th Avenue? STAFF RECOMMENDATION Adopt the attached Resolution and forward the request for annexation to the Boundary Commission and adopt the attached Ordinance to assign Comprehensive Plan and Zoning Designations to the subject property in conformance with the City of Tigard Comprehensive Plan. INFORMATION SUMMARY The proposed annexation consists of territory comprised of one (1) tax lot of .11 acres which is contiguous to the City of Tigard. The property is currently vacant. The owner wishes to annex in order to develop the property and receive city services. Attached is a Resolution initiating annexation and an Ordinance to change the Comprehensive Plan and Zoning Designation from Washington County Neighborhood Commercial to the City of Tigard Neighborhood Commercial; C-N. OTHER ALTERNATIVES CONSIDERED 1. Deny the request. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This request is consistent with Growth & Management "Goal 2." FISCAL NOTES Since the subject territory is not within the City of Tigard's Active Planning Area, the City is not responsible for paying the Boundary Commission application fee, therefore, there is no fiscal impact. COUNCIL AGENDA ITEM SUMMARY is%citywide\sum\zca98-07.sum Page 1 of I Julia P H 21-May-98 3:10 PM Agenda Item No. Meeting of MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council FROM: William A. Monahan, City Manager DATE: June 5, 1998 SUBJECT: Chamber of Commerce Proposed Lease of Main Street Parking Lot A draft lease was provided to us by FAX on Wednesday afternoon. I have reviewed the Chamber draft, and met with John Cook. Following are the issues which I have identified: Recitals The recitals require more detail. Please see my notes written on the Chamber draft. Section 1.1 This term speaks of the "Original Term," yet seems to be a lease that renews every two years. The minutes of the May 19 Council discussion reflect that Council desires to have an initial one year lease. Perhaps a one year lease with two year renewals would work. Also, there is no discussion of how the renewal is triggered, or terms renegotiated. The "Original Term" "continues" for two year intervals "at the option of the Lessee and Lessor." The Lessor needs to be able to terminate at its option. This language is too vague. Section 2.1 Base Rent - $1 - I was under the impression we would receive a proposal here for a means of compensation which would have some basis connected to the value of the rent of the space. Another option was that the Chamber take on the responsibility for maintenance of the parking lot and its landscaping. Another option was that the Chamber contribute some of the capital expense of the City construction of the lot and its landscaping. I have discussed this with John Cook. He is willing to discuss options, if Council wishes to pursue a contribution. won= Memo to Council June 5, 1998 Page Two Section 2.2 This section says "any parking lease charges" will be collected for the benefit of the Lessor. Again, this is too vague. I suggest the Chamber propose a rate, and state that the rate will be charged to commercial renters of their building. The rent should be based on the number of spaces to be rented to the commercial user on a basis of the number of spaces which would be required for the business use by square footage "using the City code standards. " Section 3 Needs a clause acknowledging that the Lessor may use the parking lot during hours that the Chamber offices are not open. Such uses could be used for public parking and special events. That is, the Lessor may grant a community event the right to set up activities on the lot. Section 3.2(1) Should be clarified whether "shall not be required to make any structural changes" includes repairing damage to the surface, curbs, etc. Section 4 No proposal has been made to pay for some or all of the City costs of constructing the lot or the repair ox maintenance (see 4.1(1) Repair because of negligence alone is too little and difficult to provide. Section 5.3 Confusing language. What does "unless the applicable Lessor's consent or work sheet mean? What is the "work sheet?" Section 6.1 This needs to say that "said insurance shall be provided, to Lessor's satisfaction, prior to commencement of Lessee's use of the property, and shall remain in full force and effect throughout the term of this agreement. Any changes to insurance coverage that do not meet the City insurance requirements shall void the remaining term of the lease. Lessor may change the level of minimum coverage and specific coverage required upon providing thirty days notice of change to Lessee. Lessee shall conform to Lessor's changes. Section 7.1 Needs to note that Lessee must provide all notice and documentation of its use of Lessor's property to the Washington County Department of Assessment and Taxation annually. Lessee is responsible for paying any and all real property taxes assessed to the property as a result of any loss (temporary or total) of total exempt status of the property. Memo to Council June 5, 1998 Page Three Section 7.3 Does this mean Lessee will pay for irrigation and property lighting? Will Lessee pay for installation of the same? Section 8 All responsibility is placed on the Lessor, regardless of how damaged. Lessee needs to take some responsibility when it has the use of the premises most of the time that parking will occur. Section 9 Liability should extend also to claims, loss, or liability caused by their "customers, clients, staff, users of their facility." Liability only caused by "negligent activity of Lessee on the premises" can't be enough. Section 10 Why should the City defend Lessee's rights for $1 a year? If there is no compensation that is at fair market rates, we may not want to also take this responsibility. Mr. Cook mentioned to me that the Chamber wants the ability to tow vehicles that park overnight, taking up spaces. We should allow the Chamber to tow vehicles that are parked overnight under certain conditions. Section 13.2 Thirty days notice to cure defects given the public ownership (and the proposed rent) is too long. Fifteen days to cure is proposed instead. This is public property and very visible. Section 14.1 Again, turning the property back to the City can't be just because of expiration of the lease term or termination because of default. Without market rate terms, we can't be limited to ending the lease to only these methods. These are my comments on some specific areas of the lease. I propose that I meet with Chamber representatives before June 9 to discuss my concerns and see if there are revisions to be proposed. I will also review the May 19 minutes to determine if other issues were raised by the City Council during the last meeting with the Chamber. Memo to Council June 5, 1998 Page Pour If a revised draft is prepared between now and June 9, copies will be provided to City Council. WAM\jh attachment (:%admW1PDW49&1.doc 8. PARKING REQUIREMENTS - CHAMBER OF COMMERCE BUILDING Mr. Hendryx mentioned the Council consideration on April 14 of a reciprocal parking proposal from the Chamber. He said that during the discussion several questions arose which staff was here tonight to present the answers to. He reviewed the specifics of the Chamber's proposal for a 4000 sq.ft. building with one and a half stories. Mr. Hendryx said that the Chamber had two on-site parking spaces and hoped to be able to utilize the adjacent City parking lot being built this summer for the remaining 10 spaces required by the Code. He explained that if the Council chose not to approve the Chamber's request for a reciprocal parking agreement, then the Chamber would have to find an alternate solution for their 10 spaces within 200 feet of the site. Mr. Hendryx stated that the Code did allow reciprocal parking agreements for users whose hours of operation did not overlap, such as a theater and an office building. He mentioned that staff could not find any examples of reciprocal agreements in the records. The City Attorney's Office was looking in its archives. Mr. Hendryx said that the City could give the Chamber a reciprocal agreement for parking if the City controlled the parking and limited the public's access to it, thus guaranteeing the spaces for the Chamber's use during the day. Councilor Scheckla asked if they found an agreement between the American Legion and Payless. Mr. Hendryx said that they did not find one on file. Mayor Nicoli commented that the Legion had to have had a letter on file from Payless allowing the use of the parking lot or their application would not have been approved. Mr. Hendryx said that he did not think that the City could give the Chamber a reciprocal agreement unless the city somehow obligated a portion of the lot for the Chamber. He corm: d that the Code did give a parking reduction for businesses who could demonstrate that the business character was such that employees and patrons would utilize transit. He expressed his doubt that the Chamber would be able to do so. Mr. Hendryx mentioned that if the Chamber leased the spaces from the City, then that would meet the Code requirements. The Chamber could then handle those spaces as they chose, leasing them or allowing public use. He said that the Council would have to reconsider the situation if the Chamber chose to rent office space to private individuals. He commented that the Chamber could apply for a variance but noted that the burden of proof for variances was very difficult to meet. Mr. Hendryx mentioned the discussion on eliminating the need for parking in the downtown through initiation of a text amendment to reduce the downtown parking standards. He explained that a process involving citizen input would take three to four months. An emergency text amendment could be before the Council by July. CITY COUNCIL MEETING MINUTES - MAY 19, 1998 - PAGE 1 Mr. Hendryx recommended that the Council consider leasing 10 spaces to the Chamber to guarantee the Chamber those spaces and to meet the intent of the Code. If the City decided for some reason to terminate the agreement, then the Chamber was on its own to find the required number of spaces with 200 feet of its property. Mr. Monahan commented that another alternative was to increase the number of feet within which parking had to be found (300 to 400 feet). Councilor Hunt asked what kind of enforcement methods the City had if they terminated the lease. Mr. Hendryx said that the Chamber would be subject to a fine of $250 a day for this Code violation. Councilor Hunt commented that if the City rented the Chamber the property and then terminated the agreement but charged them F-250 a day because they no longer had an agreement, it would not go over well. Mr. Monahan observed that if the lease was specific to the Chamber, and they sold the building, then the lease would not apply to the new user. Mayor Nicoli pointed out that the lease could run with the user instead of the property. Councilor Hunt stated that he did not see that the City had any teeth to enforce this situation. Mr. Monahan agreed that the Chamber would have a problem if they did not structure the lease so it worked for them. Councilor Hunt stated that he was against leasing the land but supported selling the land at the cost paid by the City. He commented that the Chamber, as a group of business people, should have seen this coming. He contended that if they did, then it appeared that they saw an opportunity to gain their required parking at City expense. He held that the homeowner taxpayers (roughly half of Tigard taxpayers) would not want the City to subsidize the Chamber for $117,000 dollars ($37,000 to acquire the land and $80,000 to improve it) since the Chamber existed for the businesses. Mayor Nicoli cited the Council current direction towards a commitment to spend between $500,000 to $1 million in the next five years to upgrade downtown Tigard as a similar use of taxpayer money. Councilor Hunt contended that the two situations were not the same. The downtown improvements came out of the visioning process and would benefit both homeowners and business owners. John Cook, Chamber of Commerce representative, said that he would agree with Councilor Hunt if the Chamber building was used solely by businesses and they were a for profit company. He explained that the Chamber office was in this location because it was a visitor's center easily found by people, as it was on Main Street. He stated that in the evenings the Chamber would open up the building for community group meeting space. Councilor Rohlf asked if there was a way to structure a sale in a way that would make sense the Chamber. Mr. Cook commented that according to City regulations, that could not be done. Mr. Monahan explained that they would have to declare the property as surplus and put out for bids. Councilor Moore spoke to using a lease agreement to recoup some of the public investment in the acquisition and improvement of this land. CITY COUNCIL MEETING MINUTES - MAY 19, 1998 - PAGE 2 Mr. Cook commented that the Chamber has not been involved in any discussions on a possible lease agreement. He contended that this was a community based issue. He said that the Chamber decided not to ask the City for money, as other non-profits have done, but to simply ask for the reciprocal parking agreement. He explained that the Chamber building was so large because of the community meeting room. Mayor Nicoli suggested directing staff to proceed with a text amendment on changing the parking requirements in the downtown over pursuing this parking issue. He pointed out that the text amendment would probably resolve the issue. Councilor Scheckla commented that the Council approving this parking arrangement with the Chamber would bring other merchants in who wanted equal treatment. Mr. Hendryx explained that from a regulatory standpoint, the Chamber had to have 12 parking spaces in order to meet the intent of the Code. If they got those spaces through a lease with the City, then they met the Code. Once they leased those spaces, the Chamber had control over their use and could allow public parking on them if they so chose. Mr. Cook stated that he would make those spaces public parking because the original intent of this whole matter had been to get more public parking downtown and in conjunction with the Chamber building. Councilor Scheckla asked Mr. Cook to address the issue of what would happen if the Chamber sold the property and a new user moved in. Mr. Cook said that he would agree to whatever arrangements were made, and that the agreement could include provisions dealing specifically with that situation. Councilor Scheckla suggested a provision that all parking arrangements were null and void upon sale of the property and that the new property owners had to start at the beginning. Mr. Monahan mentioned that the lease could include contributions from the Chamber towards the development of the City parking lot, possibly landscaping and maintenance costs. Councilor Hunt asked how long staff would need to draft the text amendment on changing parking restrictions in the downtown. Councilor Moore expressed concern at Council taking that action while the downtown group was working on their proposal for the downtown. Councilor Rohlf pointed out that the business owners have said all along that they needed the downtown parking regulations changed. Mr. Hendryx said that staff could get a text amendment to Council on July 14 if they dropped everything else and had minimal public involvement. If they met with the downtown group, the amendment would come to Council in August or September. Mayor Nicoli asked Mr. Cook how soon the Chamber planned to begin their land use process. Mr. Cook said that they hoped to start by June 1. CITY COUNCIL MEETING MINUTES - MAY 19, 1998 - PAGE 3 Mr. Cook recommended a short term lease while staff worked on the amendment because once the amendment was in place, the lease would not matter. Councilor Hunt pointed out that Mr. Cook was assuming the text amendment would go through. > Mayor Nicoli recessed the meeting at 9:10 p.m. to Executive Session pursuant to ORS 192.660(1) (h) to discuss current and pending litigation issues. Mayor Nicoli reconvened the regular meeting at 9:20 p.m. Councilor Rohlf spoke to doing a one year lease in order to give staff plenty of time to craft a well-written ordinance for the downtown parking and to get public input. He said that he was uncomfortable giving the Chamber unlimited use of the lot for an unlimited time because he did not think that they bought the property to turn it over to the Chamber. He said that it bothered him that the City was left with only five parking spaces. Mr. Cook agreed that a one year lease was a good alternative. Councilor Scheckla asked for more information at the next Council meeting. Mr. Monahan recommended asking Mr. Cook to come back with a draft lease (as the City bore the legal expenses for the property acquisition). Councilor Moore commented that he had no problem with a one year lease. Mayor Nicoli noted that there were at least three in favor of the lease with another wanting to see the lease. Councilor Moore said that although he favored the lease, he also wanted to see it first. Councilor Rohlf said that he would oppose a long term lease because of the negative comments the City would receive from the downtown merchants. Councilor Rohlf suggested initiating the conversation about downtown parking, noting that the issue has been around for two to three years. Mayor Nicoli agreed. He asked for Council direction to staff to move that issue forward specifically along with the downtown effort. Mr. Monahan suggested that Mr. Cook propose that the Chamber install the landscaping as part of the lease agreement. He confirmed to Councilor Hunt that insurance was part of the lease arrangement discussions. Mr. Hendryx stated that his staff could not accept the Chamber application unless it complied with the Code. He indicated that a lease agreement was the best instrument to assure his staff that the application was in compliance. The Council discussed when Mr. Cook should return with the draft lease agreement. They agreed on the June 9 meeting. Mr. Monahan suggested that Mr. Hendryx contact the lead person for the downtown group to start the discussion on the Code amendment, and to get input on possibly applying this amendment to a more limited area than the boundaries of the downtown as defined by the group. 1AADMICATHY\CCM\980519. DOC CITY COUNCIL MEETING MINUTES - MAY 19, 1998 - PAGE 4 MEMORANDUM CITY OF TIGARD, OREGON 19 Agenda Item No TO: Honorable Mayor & City Council Meeting of (0 ce ~Q FROM: Cathy Wheatley, City Manager DATE: June 3, 1998 SUBJECT: Draft Parking Lot Lease At the time of Council agenda packet preparation, we did not have a copy of the Chamber's proposal. If we get this draft document in time for this week's Council newsletter, it will be forwarded to you then. Bill will want to review and determine if a City Attorney review is necessary prior to presenting it to the Council. I:IADM\CATW000NCIUD80998. DOC PAIRKIleiG LOT LEASE - DRAFT Dare: June , 1998 between: City of Tigard ("Legsor-) and Tigard Chamber of Comm,= (%ase+el - leis Lessor and lessee purchased certain property from Burlington Northern railroad at the conjunction of S.W. Main Street and S.W: Tigard Street, Tigard, Oregon- The property was partitioned tpj ~ into separam parcels been I and lessee. HAS V° fr~ n i " l99$ i.essee A con a tie~+ building for its occupancy on its of property only descrbed as 12355 S.W. Main. Suva, 'Tigard, Oregon 97223. Ussof' ctin a parking lot4on Ib portion of the property facing S.W_ Tigard Stmt. i,~ A.4K A~ J,l J ,w, r ( AV% ta)8 to+`^te.k CjY jr 9 10 lO~~°~A.tlc~ ,eo~u~:tsc+v/~J i-. L- I,egsoe Res Radditional parking spacesL%ri "ancy Q f& building, and lessor desires to leases parking spaces to lessee for lessee's useA 4Q {v AstiI'f LP-vrp -t=--m v4 po#0 4y,~obw~rv.w rtl/sr GYI J! u • U Ct,a~.F~c»IY Agreement d Lessor leases to Lessee and Lessee, leases from Lessor the following described property (the "Premises') on the teams and conditions stated below: 10 parking places in parking lot so'situated on the property described on Exhibit A. Section 1. Occupancy 1.1 Original Term. 13e term of this lease shall commence on the date Lessee occupies the building to be constructed at 12355 S.W. Main Street, Tigard, Oregon and continue for two-year intervals thereafter at the option of the Lessee and Lessor, unless sooner terminated as provided in this Agreement 1.2 Possession. Lessee's right to possession and obligations tinder the lease shall commence on the date said building is occupied by Lessee . ° 1.3 Code Changes. Luse shall terminate if city parking r iremeuts change and tenant N thereafter meets city parking rcquirements. dU'e -to (v r Section 2. Rent J 2.1 Base Rent. During the original term, Lessee shall pay to Lessor as base rent the sum of $1.00 per year. J I 0©' 39dd LbbEGESCOG W08:1 Eta :0 i 86, E Nilf Jill 2.2 Additional less=. if Lessee rents space in its building to others, any parking lease charges will be collected for the benefit of the Lessor. Section 3. Use of the.Premises. 3.1 Permitted Use. The Premises shall be used for a parking lot. and for no other purpose without: the consent of Lessor, which consent shall not be withheld unreasonably. 3.2 Restrictions on Use. In connection with the use of the Premises, Lessee shall: (1) Conform to all applicable laws and regulatioas.of any public authority affecting the premises and the use, and correct at Lessee's own expc= any failure of compliance created through Lessee's fault or by reason of Lessee's use, but Lessee shall: not be required to make any structural changes to effect such compliance. (Z) Refrain from any use that would be reasonably offensive to other lessees or owners or users of neighboring premises or that would tend to create a nuisance or damage the reputation of the premises. e J~{a~il~ F 0 (3) Lessee shall not cause or permit any Hazardous Substance to be spilled. leaked, disposed of, or otherwise released on or under the Premises. The term Hazardous Substance shall mean any hazardous, toxic. btfecd= or radioactive substw=;'-waste, and material as defined or listed by any Envnro imental Law and shall include, without limstation, petroleum oil and its fractions. Section 4. Repairs and Wntenan 4.1 Lessor's Obligations. The following shall be the responsibility of Lessor: (1) Repairs and maintenance of the parking areas, sidewalks, curbs, and driveways. 4.2 Lessee's Obligations- The following shall be the responsibility of Lessee: (1) Any repairs necessitated by the negligence of Lessee, its agents, employers, and invitees. . Section 5. Alteratioris 5.1 Certain Alterations Allowed. Lessee shall supply, at its. expense, signage for parking spas deaignated as public or lessee panting. 5.2 Other Alterations Prohibited. Lessee shall make no other improvements or aheradons on the Premises of any kind without first obtaining Lessor's written consent. All alterations shall be trade in a good and workmanlike manner, and in compliance with applicable laws and building codes. 5.3 Ownership and Removal of Alterations. Ali improvements and alterations performed on the Premises by either Lessor or I== shall be the property of Lessor when installed unless the applicable Lessor's consent or work sheet specifically provides otherwise. Improvements and alterations zee • 3JtJd Lvveses'Ses WON A ev : v i ass c Nnr installed by Lessee shall, at Lessor's option, be removed by Lessee and the premises restored unless the applicable Lessor's consent or work sheet'specifically provides otherwise. Section 6. Insurance. 6.1 Insurance Required. Lessee shall keep the Premises in=cd at lessee's expense against liability and other risks cowered by a standard liability insurance policy (minimum $1,00.000.00) with an endorsement for extended coverage, with the Lessor named as beneficiary. Section 7. Taxes; Utilities. 7.1 Property Taxes. Lessor-shall pay as due all real property taxes and special assessments levied against the Premises. As used ham, real property taxes includes any fee or charge relating to the ownership, use, or rental of the Premi 7.2 Special A,ssesstuents. If an assessment for a public improves neat is made against the Premises, Lessor may elect-to canse such assessment to be paid in installntenu, in which case all of the installme nta payable with respect to the lease term shall be treated the same as general real property takes for purposes of Section 7.1. 7.3 Payment'of Utilities Charges. Lessee shall provide, at lessee's expense, water and electricity to the Premises for the benefit of the lessor and public functions. Section T. Damage and Destruction. If the Premises are damaged, the Premises shall be repaired by Lessor at Lessor`s expense. Section 9. Liability and Indemnity: Lessee shall indemnify and defend Lessor from any claim, loss, or liability arising out of or related to any negligent activity of Lessee on the Premises or any condition of the Premises in the possession or under the control of Lessee. Section 10. Quiet Enjoyment and Warranty. Lessor warrants that it is the owner of the Premises and has the right to lease them. Lessor will deflead Lessee's right to quiet enjoyment of the Premises from the lawful claims of all persons during the lease term. Section 11. Assignment and Subliming. No rights or property under this Agreement may be assigned or subleased, nor may a right of use of any portion of the property be conferred on any third person by any other means, without the prior written consent of Lessor.' This provision shall apply to all transfers by operation of law. No consent iat one instance shall prevent the provision from applying to a subsequent instance. Lessor may withhold or condition such consent in its sole and arbitrary discretion. Section 12. Default. The following shall be events of default: 12.1 Default in Rent. Failure of Lessee to pay any rent or other charge within 10 days aft= written notice that it is due. 12.2 Default in Other Covenants. Failure of Lessee to comply. with any term or condition or fulfill any obligation of the lease (other than the payment of rent or other charges) within 20 days after written notice by Lessor specifying the nature of the default with reasonable particularity. If the C00139dd 4VVS6S98OS WOdJ btP:01 es, 6 Nnr default is of such a nature that it cannot be complettly remedied within the 20 day period, this provision shall be complied with if Lessee begins correction of the default within the 20 day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 12.3 Insolvency. Insolvency of Lessee; an assignment by I== for the benefit of creditors; the filing by Lessee of a voluntary pe ddon-in bankruptcy: an adjudication that Lessee is bankrupt or the appointment of a receiver of the properties of L.eswe; the filing of any involuntary petition of bankruptcy and failure of I assse to segue a dismissal of the petition within 30 days after filing; attachment of or the levying of execution on ft-leasehold interest and failure of Lessee to secure discbarge of the attachment or release of the levy of execution within 10 days shall constitute a default. J2.4- Abandonasent. Failure of Lessee far 30 days or more to occupy .the Premises for one or more of the purposes permitted under dais lease, unless such failure is exeusei.under other provisions of this lease. Section 13. Remedies on Default. 13.1 Termination. Its the event of a default the lease may be terminated at the option of LA= m by written notice to Lessee. 'Whether or not the lease is terminated by the' election of Lessor or otherwise, Lessor may reenter. take possession of the premises, and remove any persons or property by legal action or by self4zlp with the use of reasonable force and without liability fir damages and without having accepted a surrender. 13.2 Lessor's. Right to Cure Defaults. If Lessee fails to pcftrm any obligation under this lease, Lessor shall have the option to do so after 30 days' written notice to Lessee. All of Lessor's expenditures to correct the default shall be reimbursed by I.es.4+ee on demand with interest at the rate of 9% annum from the date of expenditure by.• Lessor. Such action by Lessor shallnot waive any other remuxties available to 1~ ssor.because of time default. 13.3 Remedies Cumulative. The foregoing remedies shall be, in addition to and shall not exclude any other remedy available to Lessor under applicable iaw. Section 14. Surrender at Expiration. 14.1 Condition of Premises. -Upon expiration of the lease term or earlier termination on account of default, Lessee shall surrender the Premises in reasonable wear and tear condition. Alb;.:.-ations constructed by Lessee with permission from Lessor shall not be removed or restored to the original condition. 14.2 Fixtures. Any fixtures placed upon the Premises during the term shall, at Lessor's option, become the property of Lessor. If Lessor so elects, Lessee shall remove any or all fixtures that would otherwise remain;'the property of Lessor, and shall repair any physical damage resulting from the removal. If I.essee fails to remove such fixtures, Lessor may do so and charge the cost to Lessee with interest at the legal rate from the date of expenditure. Section 15. Miscellaneous. b00 ' 39dd 40pesescos WON A 00:01 SS s S Nnf f S00' 39U.d '1t 101 15.1 Noawaiver: Waiver by either party of strict performance of any provision of this lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any othe rprovision. 15.2 Aum-ey Fees. If suit or action is instinded in connection with any controversy arising out of this lease, the prevailing parry shall be cvdtied to recover in addition to costs such sum as the court any adjudge reasonable as attorney fps at trial, oti petition for review, aid on appeal. 15.3 Notices. Any notice requited or permitwd under this lease shall be given when actually delivered or 49 hom after deposited in United Stapes trail as certified mail addressed to the uldress Srsi given in this lease or to such other adds as may be specified from time to time by either of the parties in writing. 15.4 Succession. Subject to the above-stated limitations on transfer of Lessee's interest, this lease shall be binding on and inure to the beaefit of the parties and their. regm:tive successors and assigns. 15.5 Recordation. This lease shall not be recorded without the written consent of Lessor. Section-16. Arbitration. 16.1 Disputes May Be Arbitrated. If any dispute arises be mee n the parties, either patty may request arbitration. Either party may apply to the presiding judge of the judicial district where the premises an located to appoint the requital arbitrator. 16.2 procedure for Arbitration. The arbitrator sball proceed 'according to the Omgaa stmttes governing arbitration, and the award of the arbitrators shall have the effect therein provided. The arbitration shall take place in the county where the leased premises are located. Costs of the arbitration shall be shared equally by the parties, but each party shall pay its own attorney fees incurred in cormectim with the arbitration. Lessor: Lessee: s00'39dd 40vese9ees W0MA Sb:dl SS. S Nnr