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' 1 i C F. 'z TA14 : i t R _ 3i 1 : .sl 'V ~i 4, a ~x ~ y if ' r. REVISED 3012099 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. Visitors Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639.4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead-time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, x309 (voice) or 684.2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - MARCH 16,1999 - PAGE 1 1 AGENDA TIGARD CITY COUNCIL WORKSHOP MEETING MARCH 16,1999.6:30 PM 6:30 PM 1. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (h) & (f) to discuss labor relations, real property transactions, current and pending litigation issues, and exempt public records. 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. 2. WORKSHOP MEETING • Call to Order: Mayor Nicoli ® Pledge of Allegiance • Council Communications & Liaison Reports • Call to Staff and Council for Non Agenda Items 7:00 PM 3. FINAL ORDER - ERICKSON HEIGHTS SUBDIVISION (SUB 98.00091PDR 98.00101VAR 98.0010) The request is to build a 58-lot Planned Development Subdivision on a 16.41 acre site. This site also involves a request for a Variance to the maximum street grade. LOCATION: The subject parcels are east of SW 109th, north of the Summerfield Subdivision, south of the Canterbury Woods Condominiums, and west of Hoodview subdivision and Marion Estates subdivisions. WCTM 2S110DA, Tax Lots 00100, 00200 and 00500. ZONES: Single-Family Residential (10,000 Square Feet); R-3.5. The purpose of the R-3.5 zoning district is to establish large urban residential home sites. Planned Development; PD. The purposes of the PD Overlay zone are to provide a means for creating planned environments through the applicatiop of flexible standards which allow for the application of new techniques and new technology in community development which will result in a superior living arrangement, to facilitate the efficient use of land; and to preserve to the greatest extent possible, the existing landscape features and amenities through the use of a planning procedure that can relate the type and design of a development to a particular site, among other purposes. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.48, 18.80, 18.88, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108, 18.134, 18.138, 18.160 and 18.164. • Community Development Department • Council Motion: Set Consideration of this Item Over to April 13,1999 7:25PM 4. POTENTIAL ROAD BOND PROJECTS O Engineering Department COUNCIL AGENDA - MARCH 16,1999 - PAGE 2 14 7:45 PM 5. LONG-TERM WATER SOURCE DISCUSSION e Public Works Department 8:15 PM 6. FINANCING ALTERNATIVES TO PARK IMPROVEMENTS e Finance Department 8:30 PM 7. COMMUNITY EVENTS DISCUSSION e Administration Department 8:45 PM 8. DISCUSSION OF TEMPORARY SIGNS e Administration Department 9:00 PM 9. COUNCIL LIAISON REPORTS 9:20 PM 10. NON-AGENDA ITEMS 10.1 Consider Amending Tigard Municipal Code Title 14 to Provide that Fees for the Building Code Administration Program be Established by Resolution CXO - 10.2 Consider Increased Fees for the Building Code Administration Program k5 C?Q , t g 10.3 Update on City Hall and Library Window Repair Project 9:35 PM 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (h) & (f) to discuss labor relations, real property transactions, current and pending litigation issues, and exempt public records. 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. 9:50 PM 12. ADJOURNMENT I:\AD M\CATHY\CCA\990316. DOC COUNCIL AGENDA - MARCH 16,1999 - PAGE 3 Agenda Item No. 44, 1 Meeting of 5 N, , qq TIGARD CITY COUNCIL. WORKSHOP MEETING MEETING MINUTES MARCH 16,1999 Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton and Ken Scheckla Staff Present: City Manager Bill Monahan, Community Development Director Jim Hendryx; Finance Director Wayne Lowry; Public Works Director Ed Wegner; City Recorder Cathy Wheatley 1. EXECUTIVE SESSION The Tigard City Council went into Executive Session at 6:30 p.m. under the provisions of ORS 192.660(1) (d), (e), (f), (g), and (h) to discuss labor relations, real property transactions, exempt public records, current & pending litigation issues. Mayor Nicoli recessed the Executive Session at 6:50 p.m. to Study Session. Bill Monahan, City Manager, said that his office would contact the Mayor on Monday to see if the Mayor wanted to meet with Liz Newton on Wednesday while he was on vacation. He said that staff would remind the Washington County Mayors of the upcoming meeting next week. He pointed out Item 10.2, the new resolution stating that if the Council adopted the fee increase, it would be for a one-year period. Councilor Patton noted that the study on fees would be completed within the next year. Mr. Monahan reminded the Mayor that he was scheduled to speak to the Morninghill Homeowners Association about water in April. He mentioned that the Association was willing to do a broader notification if the City wanted them to. Mr. Monahan asked when Council wanted to schedule his contract review (normally in April) and the revisiting of the Council ground rules. He noted that the April 13 and April 27 meetings would be primarily devoted to water. Wayne Lowry, Finance Director, confirmed that the budget meetings were scheduled for May. Mayor Nicoli asked staff to schedule a 30-minute time slot in April for Council to discuss how it wanted to approach Mr. Monahan's review. Mr. Monahan suggested holding the discussion next week while he was gone. Mayor Nicoli suggested tentatively scheduling the revisiting of the Council ground rules for the April workshop. Mr. Monahan indicated that staff could schedule it for that meeting but he pointed out the other agenda items already scheduled, including a possible joint meeting with the School Board on that night, a meeting with the Library Advisory Board, and a dicussion with Mr. Lowry on water project financing. Mr. Monahan mentioned a concern brought up by the Mayor regarding the information on water that was posted on the City's webpage and published in Cityscape. Cathy Wheatley, City Recorder, distributed the draft article for the Cityscape and the webpage information. He explained that staff based the webpage primarily on Mr. Wegner's report to the Council responding to water quality issues raised about river water, not on a comparison of the Portland and Willamette River scenarios. He said that staff would add additional information to the webpage to present comparative information about the two proposals. CITY COUNCIL MEETING MINUTES - PAGE 1 MARCH 16, 1999 Mr. Monahan said that staff published a lot of water quality information in Cityscape because that was the primary question people were asking. He commented that staff got interesting feedback from people when they informed them that Tigard has not always received Portland water over the last several years. He said that staff would clarify that in Cityscape. He noted that they have also described the process and the comparison of the options. Mr. Monahan asked if staff was overdoing it with the information they proposed to include about health issues and water quality. Mayor Nicoli explained that the issue brought to his attention was that it was not clear on the webpage whether or not the information presented represented the City's position. He said that, while he thought it was fine to put the technical information on the webpage, it was important to make it clear where it came from. Ed Wegner, Public Works Director, explained that Jeff Baumann, Wilsonville Public Works Director, spearheaded the report for both Tigard and Wilsonville. He said that both cities were hearing the same questions and staff saw no reason to duplicate their efforts in answering them. Mayor Nicoli spoke to clarifying that staff generated this technical information to answer questions from the community and that these documents have not been approved or disapproved by the City Council. He emphasized the importance of making it clear that the City Council has not taken a position. Councilor Scheckla asked if the Citizens for Safe Water Committee was getting this information also. Mr. Wegner said that staff would present the report to the Water Advisory Task Force (which included a representative from that committee) next. week. Mayor Nicoli asked staff to refer to the Portland water system, as opposed to the Bull Run, in its documents because Portland made it clear that their proposal was for a combination of Bull Run and well field water. Mr. Wegner said that staff was working on doing so. In response to a questions from Mayor Nicoli about Agenda Item No. 3, Mr. Monahan explained that staff needed direction from Council to set this item over to April 13. The 120- day rule was waived at the request of the applicant (who was preparing the findings). 2. WORKSHOP MEETING Call to Order Mayor Nicoli called the meeting to order at Y Roll Call Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton and Ken Scheckla Staff Present: City Manager Bill Monahan; City Engineer Gus Duenas, Community Development Director Jim Hendryx, Finance Director Wayne Lowry, Assistant to the City Manager Liz Newton, Code Enforcement Officer Matt Scheidigger, Public Works Director Ed Wegner, and City Recorder Cathy Wheatley. Council Communications: None CITY COUNCIL MEETING MINUTES - PAGE 2 - MARCH 16, 1999 Call to Council and Staff for Non-Agenda Items: None 3. FINAL ORDER - ERICKSON HEIGHTS SUBDIVISION (SUB 98-0009/PDR 98- 0010/VAR 98-0010) Mr. Monahan recommended approving the request from the applicant in the Erickson Heights subdivision to continue the consideration of the findings to April 13 in order to allow proper notification. He referred to the applicant's letter extending the 120-day rule. Motion by Councilor Hunt, seconded by Councilor Scheckla, to continue this item to the April 13,1999, meeting. Motion passed by unanimous voice vote of the Council present. (Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton and Ken Scheckla voted "yes.") 4. POTENTIAL ROAD BOND PROJECTS Gus Duenas, City Engineer, presented the list of potential road bond projects using a PowerPoint presentation. He mentioned that the projects were not Listed in order of importance. He said that staff has already initiated the RFP for design consultants for the Gaarde Street from Hwy 99W to 12151 Avenue, and should have a consultant hired by mid-April. He explained that, while they would design the road as one project, they would construct it as two projects. He said that he was considering using TIF funds for one project, although both projects could go on the road bond. Mr. Duenas confirmed to Councilor Patton that development would build Gaarde Street from its current terminus to Quail Hollow. The City would build the north leg from Quail Hollow west to Walnut Street to complete the Gaarde Street - Walnut Street connection. He said that the developers have turned in plans for Quail Hollow west and Quail Hollow east but have not started on that segment. Mr. Duenas indicated that the 12151 Avenue from Gaarde Street to Walnut Street project could be a future MSTIP 3 project. He noted that the Walnut Street expansion from 1215` to 135th already was an MSTIP 3 project. Mayor Nicoli asked how much money was in the TIF fund for the urban services area. Mr. Duenas said that it was around $600,000. Mayor Nicoli commented that, by the time they did these projects, that amount would increase by another $500,000, depending on how quickly they annexed other property. He asked if the TIF money generated from the Walnut Island before annexation, went into Tigard's TIF fund or was set aside for the urban services area. Mayor Nicoli said that he had hoped to see projects on Bull Mountain Road. Mr. Duenas said that he was trying not to venture too far out of Tigard. Mayor Nicoli spoke to using the TIF funds to build projects now. Mr. Duenas mentioned a potential project at the Bull Mountain Road/Rorshack Road intersection that needed immediate attention. Mr. Duenas stated that staff proposed widening 1215` Street from Walnut Street to North Dakota Street to three lanes in order to match the section that was completed north of North Dakota with the 1989 road bond money. He mentioned installing sidewalks, underground drainage, and street lights also where needed. CITY COUNCIL MEETING MINUTES - PAGE 3 - MARCH 16, 1999 Mr. Duenas said that the Walnut Street from Tiedeman Avenue to 121st Avenue project was a logical candidate for MSTIP 3 if they did not put it in the road bond. He commented that he did not know what kind of support they would get from the neighbors because they needed to take right-of-way for the road widening. Mr. Duenas mentioned that the realignment of Scoffins Street has been on the books for years, "needing only money and the courage to move forward". He explained that his rough cost estimates to purchase the right-of-way, including the land through the apartment complex, were based on $25 per square foot. Mr. Duenas said that staff had been waiting on development to improve Burnham Street from Main Street to Hall Boulevard but development has been very slow in coming. He said that the road needed widening and reconstruction. Mr. Duenas said that staff tried to figure out a way to remove the traffic barrier on North Dakota Street, as recommended by DKS. He mentioned one possibility of running a new north-south street from North Dakota to Tigard Street, and directing the main thrust of the traffic out to 115th and 1215` Avenues. He said that doing so would allow them to avoid redoing the North Dakota bridge (a huge expense). He mentioned a possible one-way street, but agreed with Mayor Nicoli that it would be very controversial. Councilor Moore suggested discussing with the School Board what the District intended to do with its property just south of the intersection with Tigard Street. Mr. Duenas said that staff submitted the Greenburg Road, from-Washington-Square-to- Tiedeman-Avenue, project for federal funding. He mentioned that it was 12th in priority ranking at this time. He explained that this project would widen Greenburg from a point just west of Cascade Boulevard to Tiedeman, fix the intersection and approaches, and improve the pavement type from Washington Square Road to Tiedeman. He mentioned the possibility of a five-lane section because this road led to and from a regional center. Mr. Duenas indicated that the Greenburg Road, from-Washington-Square-Drive-to-Hall- Boulevard, project could be an MSTIP 3 project. He noted the cemetery location which meant improvements would need to be constructed on the other side. Mr. Duenas reviewed the location of the "Wall Street" extension, a new street connecting Hunziker to Hall. He recommended a combination of LID and City funding for the 79`h Avenue project from Bonita to Durham Road project. He mentioned working with the neighborhood to find a solution acceptable to both them and the City. Mayor Nicoli commented that the cost of this project would be high because of the severe problems with 79`h Avenue. Mr. Duenas pointed out that many of the property owners along 79 Avenue signed non-remonstrances and did not do the improvements at the time of development. He said that, as a matter of principle, staff believed that the property owners should participate in the improvements. He mentioned that staff knew that a signal would be needed eventually at the intersection, and therefore would design and install the appropriate conduits to avoid tearing the street up later. Councilor Moore asked if the repairs to Bonita Road would be done at the same time as the intersection. Mr. Duenas said that staff could program that improvement. Mr. Duenas remarked that the State rating for the Tigard Street bridge (assigned five years ago) CITY COUNCIL MEETING MINUTES - PAGE 4 - MARCH 16, 1999 was 61 but six months ago they re-assigned it a higher rating of 69, meaning that somehow it improved over time. He noted that bridges rated higher 50 were not eligible for the bridge replacement funds. Councilor Moore asked about the Tiedeman/Grant and North Dakota bridges. Mr. Duenas said that the Tiedeman/Grunt bridge received funding but the North Dakota bridge did not receive a low enough rating to qualify for the bridge replacement funds. He emphasized the need to do the Tigard Street bridge because of increased traffic and flooding problems. Mr. Duenas mentioned that, according to the DKS study, they would need to widen 72°d Avenue from 99W to Hunziker to five lanes if they did not build Atlanta Street. He explained why Atlanta Street would not go through, as it was in the wrong location to be really effective, and the Triangle plan did not call for its relocation to a more effective route. He said that he applied for federal funding for this project but it has not done well in the rankings, landing somewhere in the middle. Mayor Nicoli commented that the federal government was supposed to give every city a project with those funds. Mr. Duenas concurred that politics has entered into the decision. He said that right now the federal government was evaluating the projects based on the technical criteria but the political factor would influence the apportionment of the money throughout the region. Mr. Duenas commented that, if the City did the Wall Street extension and straightened Scoffins, then it also needed to expand Hunziker from 72°d to Hall to three lanes. He described the location of the trees on the property through which the Murdock Street extension would run, noting that most of the trees were north of the road extension. He said that they would also widen the existing Murdock Street and install sidewalks from 103`d down to the school on 97`h. He mentioned the expansion and installation of sidewalks and drainage for Sattler Street from 100 to 98". Mr. Duenas noted that the estimated cost for all projects was $50 million. Mayor Nicoli commented that he realized that many of the projects had alternative funding sources. He spoke to addressing the need for sidewalks and lighting on all the major streets in the city. Councilor Moore pointed out that a Council goal included the transportation and safety projects in the Transportation System Plan, such as sidewalks. Mr. Duenas said that the job of the Task Force was to evaluate the projects and make recommendations to Council on which ones to build. Mayor Nicoli asked what happened if they went for a 15-year bond instead of a 10-year bond. Wayne Lowry, Finance Director, explained that a 15-year bond had lower ratings but a higher interest cost, and therefore the City would pay more over 15 years for the same amount of bonds. Councilor Moore mentioned additional consideration of a park bond and space needs. Mayor Nicoli said that he would like to try for more projects and money but phase the projects over five to six years. Councilor Moore commented that the Task Force would review financial options. Councilor Hunt asked if this list was considerably more ambitious than the last one. Mr. Duenas explained that he presented a "wish list" totaling $50 million but he thought that $20 million was a more reasonable amount. He said that the last bond was for $8.5 million. Councilor Moore mentioned another issue for discussion: undergrounding utilities at the time of u street project (which added cost to the project). He commented that they might save themselves some money with more projects, as most of these projects involved major facilities. CITY COUNCIL MEETING MINUTES - PAGE 5 - MARCH 16, 1999 Mr. Lowry said that the City could use TIF money as part of the debt service to lower the tax rate, if the projects were TIF eligible. He said that the fees collected in the in-lieu-of- undergrounding account held $150,000. The Council discussed using urban services TIF money for certain projects and asking the County to put in more money for the county road portions. Mr. Monahan said that Mr. Lowry suggested adding an agenda item on possible road bond project alternative funding to the April 20 workshop and inviting the Task Force members to attend. 5. LONG-TERM WATER SOURCE DISCUSSION Mr. Wegner reviewed the tentative schedule for public comment on the long term water source: public hearings on March 23, April 13, and April 27. He said that he knew of at least four organized groups who wanted to testify: Citizens for Safe Water, Willamette Water Supply Agency, Intergovernmental Water Board, and the Citizens Advisory Task Force. He mentioned the probability that individuals would also want to testify. Councilor Patton asked if Portland expressed an interest in making another presentation. Mr. Wegner said no. He stated that they have not asked either Murray Smith & Associates or Portland to speak. He mentioned three documents on governance which the Council would receive in the Friday packet: the letter from Commissioner Sten, the memo he presented last week, and the legal opinion Councilor Scheckla asked if the answers given to people during the Portland and MSA presentations satisfied the people and eliminated the issue for them. Mr. Wegner noted the question-and-answer sessions provided each time a presentation was made to the Citizens Task Force. He said that nothing staff said would change the minds of the Citizens for Safe Water members or of those strongly in favor of the Willamette River. He said that staff has tried to educate the people in the middle who were trying to decide. Mayor Nicoli proposed limiting next week's public comment period to individual testimony only. He suggested alternating speakers for the Willamette and the Portland scenarios and limiting the item to one and a half hours. He said that any individual who did not get to speak on March 23 would go first on April 13 before the organized groups made their presentations. The Council discussed the management procedures for the public hearings. Councilor Hunt favored limiting the time on each individual testimony and allowing more people the opportunity to talk. Mayor Nicoli mentioned a two-to-three minute time limit on testimony. He said that whoever signed up first would speak first and that alternating between both sides was the fairest way to handle the testimony. Mr. Monahan summarized the Council discussion as hearing from the general public at the March 23 meeting, listening to held over individual testimony, hearing the Task Force report, and hearing the group presentations on April 13, and making a decision on April 27. Mayor Nicoli commented that the Council might want to change the schedule as it got closer to the end. CITY COUNCIL MEETING MINUTES - PAGE 6 - MARCH 16, 1999 Bonnie Bishop, Citizens for Safe Water, asked for clarification, commenting that she had understood that the Task Force would determine the format of how it conducted its business. Mayor Nicoli explained that they were discussing how the Council would handle its public hearing; it had nothing to do with the Task Force. Mr. Monahan clarified that the Council was not restricting the Task Force on how it made its presentation. He explained that the meeting next week was for general public testimony and did not involve the Task Force. He mentioned that the Task Force was discussing how it wanted to make its presentation. The Council continued to discuss the hearing procedures. Mr. Monahan said that staff would write up the Council ground rules for the hearing as discussed tonight for distribution to the press and the Task Force. Mayor Nicoli suggested alerting the organized groups that might want to make a presentation that they should request a time slot in advance. The Council discussed what time limit to set for group presentations. Councilor Moore encouraged written testimony. Mayor Nicoli suggested that Council hold the hearing at 6:30 p.m. and complete the rest of its business after the hearing. Mr. Monahan noted that historically the Council has held public hearings at 7:30 p.m. He recommended taking care of as much Council business as possible between 6:30 to 7:30 p.m., and then holding the hearing. The Council discussed how long to allow for testimony at the hearing, agreeing on two hours as an appropriate time period. The Council directed staff to contact the group presenters to find out how long each wanted to testify on April 13. Then Council would review and allot time periods up to a maximum of 15 minutes while allowing everyone an opportunity to speak. Councilor Patton requested using a timer to insure that citizens kept to the assigned time limit. Mr. Monahan reviewed how the timer worked. Cathy Wheatley, City Recorder, said that she would check with the Tigard Times to see if they had time to change their advertisement (due last Friday). Mayor Nicoli said to make the change through a press release. Mayor Nicoli asked to put the list of speakers on the overhead projector as a means of moving people quickly forward for their opportunity to testify. Councilor Hunt suggested that the Council ask no questions as a means of keeping the process moving along. Mayor Nicoli said that it was up to the Councilors whether or not they wanted to ask questions. Mayor Nicoli asked staff to provide columns on the sign up sheet for "Willamette River option," "Portland option," and "Other." The Council agreed to set a three-minute time limit for individual testimony. The Council agreed that an individual who was part of a group could testify both as an individual and as part of the group presentation. 6. FINANCING ALTERNATIVES TO PARK IMPROVEMENTS Mr. Lowry presented the alternatives available to Council to fund the $21.7 million of proposed park improvements using a PowerPoint presentation. He said that he understood that the Council did not adopt the 10-year CIP plan attached to the Parks Master Plan when it adopted CITY COUNCIL MEETING MINUTES - PAGE 7 - MARCH 16, 1999 the Master Plan on March 9. Mr. Lowry discussed the existing revenue sources: Parks system development charges, Parks CIP fund, and park user fees. He explained that the Parks CIP fund was the money left over from the five-year parks serial levy plus the Tupling gift of $100,000 towards parks. He stated that the general fund was not available for capital improvement projects, as it was the source for the City's operating money. He noted that the park user fees raised only $15,000 to $20,000 a year. Mayor Nicoli asked for additional information in park user fees. Mr. Lowry said that they rented the shelters and ballfields. Mr. Monahan explained that the rates were intended to cover the cost of a maintenance person to clean up after the event. Mayor Nicoli asked to schedule a discussion of increasing fees (with a review of what other cities did) on a future agenda. Mr. Lowry reviewed the Parks SDCs, last updated in 1996. He mentioned Tigard's unique assessment of commercial properties. He noted that the revenues projected out to 2006 (averaging $300,000 to $350,000 a year) declined over time as development decreased. He commented that he hoped that, by the end of the year, the revenues improved over the $280,000 projected for 1998/99. He said that he believed that the Parks CIP plan included the assumptions that the City would increase the SDC rates and charge SDCs in the county, thus generating the projected $450,000 per year revenues. Mr. Lowry reviewed the standard potential funding sources: local-option levy, general obligation bonds, and revenue bonds. He explained that the local-option levy was the post- Measure 50 way to do a serial levy (10 years and only for capital purposes) and required a vote of the people. He explained that they could either assess a rate of $.71/$1,000 or ask for a dollar amount of $21.7 million. If they assessed a fixed rate, then they would collect a little more money each year as valuations increased. He commented that he did not think that the park planners took inflation into account. He said that he thought local-option levies worked well for capital expenditures but not for operations Mr. Lowry noted that the general obligation bond also required a vote authorizing whatever amount requested by the Council. He stated that the question was actually how much of the tax rate the Council wanted to tie up with the bond and for how long. A 10 year bond meant $.91/$1,000 while a 20 year bond meant $.58/$1,000. He pointed out that the useful life of the improvements would be over by the time a 20-year bond was paid off. Councilor Hunt asked what the main difference was between local-option and general-obligation bond. Mr. Lowry explained that with the general-obligation bonds, the City borrowed the money all at once. With the local-option, the City established a tax flow each year from property tax but it did not borrow money. He said that one method incurred interest and avoided inflation while the other avoided interest and incurred inflation. Mr. Lowry explained how general obligation (GO) bonds could be split or staged. He said that revenue bonds were similar to GO bonds except the City pledged a different source of revenue other than property taxes, such as system development charges (provided the projects were eligible for SDCs). He said that this could drop the 10-year rates of the local option levy or the CITY COUNCIL MEETING MINUTES - PAGE 8 - MARCH 16, 1999 GO bond by II cents, assuming the City collected $350,000 in SDCs. He confirmed that the City had to use SDCs for capital capacity improvements. He said that the question was whether or not Council wanted to tie up its SDCs for the next 10 years on these projects or did it want to collect taxes for these projects and use the SDCs for other projects that came up. 7. COMMUNITY EVENTS DISCUSSION Mr. Monahan said that this was a continuation of a prior discussion of the Balloon Festival, direction from Council on its goal of determining a level of support for community events, and input from the visioning process. Ms. Wheatley mentioned the Council philosophy adopted in October 1997 to consider a community event if it was for the citizens of Tigard, showcased the city to residents and others, and provided an opportunity for non-profit organizations to raise money through an event. She listed the events which the City has sponsored in the past: Balloon Festival, Fourth of July, Country Daze, Make a Difference Day, Train Days, and the Holiday Tree Lighting. She noted a suggestion from the Visioning Action Plan Committee to hold an open house for new citizens. Ms. Wheatley reported that the American Legion no longer wanted to sponsor Country Daze. Mayor Nicoli said that he agreed with Mayor Rob Drake of Beavercon's suggestion to hold Train Days every other year. Ms. Wheatley commented that, after 12 years, staff has maximized the size of the Holiday Tree Lighting event, unless they expanded it to the library parking lot. She mentioned the need to replace a major amount of lighting next year. She observed that it might now be a budget question of how much of the building they wanted to light. Councilor Hunt suggested asking the School Board if they wanted to hold Train Days again. Mayor Nicoli described how the teachers used Train Days very effectively in their science and history curricula. He commented that he did not think that the District staff gave the same presentation to the Board as it did to the Council regarding their innovative use of Train Days. He noted that both the kids and the staff enjoyed the event. Councilor Patton spoke to discussing how the Council wanted to approach community events in the future. She mentioned the new approach for social service agencies: a Subcommittee to review applications and present recommendations to Council. Mr. Monahan said that he did not recall whether staff has received applications for community events, although they were accepting them if they came in. Councilor Patton said that she thought that the Subcommittee could review the community events applications also this year for recommendation to Council but in the long run Council needed to decide on its process. She asked if the Council wanted to take a more active role in soliciting certain kinds of community events or maintain its current process. Mayor Nicoli agreed that that would be a good discussion. He asked what role should the City play in events - active participation or silent partner? He pointed out that community events did not occur without City participation, namely Public Works and Police. He suggested reviewing the calendar and filling in any gaps with appropriate events. He pointed out that the high school Homecoming Parade in October was actually a community event. CITY COUNCIL MEETING MINUTES - PAGE 9 - MARCH 16, 1999 Councilor Patton pointed out that citizens knew that the City was committed to the Holiday Tree Lighting but not that it supported other events, such as the Fourth of July or Country Daze. She said that the other events had to come each year to Council for approval. Councilor Moore commented that the Council needed to identify what events it wanted to support, and how much it would give to support the events. Mayor Nicoli suggested recognizing the annual community events so that they did not have to come to Council each year for approval. He noted that the financial issues were another discussion. Councilor Hunt noted that everyone was in agreement or, which events were held. He supported asking the Subcommittee to use the same process developed for the social service agencies, and to make recommendations on how much money to give to each community event. Councilor Scheckla mentioned that the American Legion lost money on the Country Daze celebration for a couple of years, and decided to pull out when the loss reached a significant level. The Council discussed finding another sponsor for Country Daze and the City contributing funding. Ms. Wheatley mentioned a Visioning committee suggestion to develop a handbook for community events to inform volunteers and sponsors about the variety of permits and other required actions necessary to put on an event. The Council discussed whether the Country Daze event had to be held downtown. Mayor Nicoli mentioned that a downtown group originally created the Country Daze event but became "burned-out" after a while. Councilor Patton commented that "burn-out" was a risk with all the community events, citing the Fourth of July organizers who wanted to move on to something else after 12 years of working the event. Councilor Moore asked if the City was taking on too many community events. He pointed out that Beaverton held only two events: Good Neighbor Days and A Taste of Beaverton. He suggested possibly concentrating their efforts on one or two major events. Mayor Nicoli agreed with listing the events recognized and sponsored by the City (whether with cash or in-kind work), so that those groups would know that they did not need to ask the Council for its support every year, only how much the Council would give to support the event. He spoke to developing an avenue for groups with new event ideas. The Council discussed Tigard Daze. Councilor Hunt suggested holding it down at Cook Park with a parade on Hall Boulevard. Mayor Nicoli mentioned another option of holding Tigard Daze on the same weekend as Homecoming. Jim Hendryx, Community Development Director, said that he could bring up Tigard Daze to the newly formed downtown group to see if they were interested in maintaining it in the downtown. Mayor Nicoli suggested approaching both the Legion and the downtown group regarding Country Daze. If neither was interested, the Council would wait to see if another group stepped forward, possibly to move the event down to Cook Park. Mayor Nicoli directed Mr. Hendryx to contact the downtown group but not to push any particular event elements on them, just ask if they would like to sponsor the event, with or CITY COUNCIL MEETING MINUTES - PAGE 10 - MARCH 16, 1999 without the parade. The Council discussed asking the Subcommittee to develop a list of recognized community events. Councilor Patton spoke to a resolution officially recognizing the events. She said that the Subcommittee could review the community evert applications, identify appropriate community events, and assign a dollar amount. Councilor Moore commented that he thought that the Council wanted to make the final call on community events. Councilor Hunt pointed out that they wanted to do the same for the social service agencies, and the Subcommittee process would not be any different. Mr. Monahan asked what process the Council wanted for new community events. Mayor NicoIi suggested that new groups present their ideas to the Council at a meeting. He spoke to including in the resolution, a provision to re-adopt the resolution every two years in order to keep the list current and allow future Councils to re-affirm the events. Ms. Wheatley mentioned the upcoming 40"' birthday celebration for Tigard in 2001. Mayor Nicoli asked if the City wanted to do something special to recognize the year 2000, such as dedicating artwork or developing a history of the area. Mr. Monahan reported that a Lake Oswego volunteer had called him to find out what Tigard had planned. He said that Lake Oswego had events spread out from September to the end of the year, leading up to a paid gala event on New Year's Eve. 8. DISCUSSION OF TEMPORARY SIGNS Mr. Monahan mentioned that Councilor Hunt asked to revisit this issue originally discussed four months ago. He noted that more temporary signs appeared with the better weather and the recent election. He reviewed Councilor Hunt's previous suggestion for handling temporary signs: immediately disposing of temporary signs illegally located in the public right-of-ways instead of storing them at Public Works for pick-up by the owner. Councilor Hunt said that he wanted to see the Council either put more teeth into the ordinance or eliminate it altogether. He suggested either immediately destroying the signs or charging a fee to the sign owner when he/she picked up the sign at Public Works. He emphasized that he did not want a procedure on the books that they were not going to enforce. Mr. Monahan advised Council that the City could not control the content of signs. They had to treat everyone exactly the same. Matt Scheidegger, Code Enforcement Officer, identified the problem as temporary signs in the public right-of-way and A-board signs on private property without permits. He said that these signs created clutter and vision clearance problems. He said that most cities, except Lake Oswego, had procedures similar to Tigard's for handling this problem. He said that Lake Oswego's temporary sign collection and retrieval policy charged a $20 collection fee per sign when the owner picked up his/her sign. Mr. Scheidegger proposed shifting the illegal temporary signs picked up by the City to the status CITY COUNCIL MEETING MINUTES - PAGE 11- MARCH 16, 1999 of abandoned property under Ordinance 2.52. This would authorize staff to notify the sign owner that he/she had 30 days to pick up the sign and pay a $20 collection fee. After the 30 days, staff could recycle or dispose of the sign. He said that handling the signs as abandoned property allowed the City to avoid the civil infractions process (which included a citation and a court appearance). He described the stickers he would place on each sign at the time of pick-up identifying location, time, and date of pick-up. Councilor Hunt raised the issue of numerous political signs illegally in the public right-of-way. Mr. Scheidegger mentioned letters sent by the City Recorder to notify candidates of this problem, and articles in the Cityscape to inform the public about signs in the right-of-way. Mayor Nicoli asked if the candidates whose signs were mistakenly picked up by staff as being in the right-of-way (when they were not or had been moved by kids) were penalized $20. He questioned the equity of this proposal, commenting that the underlying assumption was that someone had deliberately placed the sign in the right-of-way. He conceded that, in 90% of the cases, that might be correct and Mr. Scheidegger's proposed procedures appropriate. He spoke for including a mechanism in Mr. Scheidegger's proposal to address the remaining 10%. Mr. Hendryx said that staff could set up an administrative review process to deal with objections. He agreed that the Mayor's concern was legitimate. Mr. Monahan supported a simplified administrative review process that allowed staff discretion in handling these situations. He mentioned that they also wanted to avoid the perception that the City was making money with this procedure. Mayor Nicoli noted a policy issue for the Council: what level of signs in the city was acceptable? He commented that Mr. Scheidegger's proposal was a harsh step. He said that, while he was not opposed to it, he did question whether or not it was necessary. He indicated that he felt that the City got carried away with pulling up political signs during election time. He pointed out that most candidates did not know where the property lines were. Councilor Hunt said that he did not care which way they went but he wanted something that they enforced or else eliminated altogether. Mayor Nicoli pointed out that City ordinances were driven by complaint. He disagreed with singling out this one ordinance for across the board enforcement. Mr. Monahan suggested establishing a leniency period before the election during which the City did not enforce the ordinance (except for hazard or vision clearance), thus allowing signs in the public right-of-way for a limited time. The Council discussed the suggestion. Mayor Nicoli pointed out that the campaign period was longer now with the vote by mail elections. Mr. Hendryx mentioned that there were some inherent costs involved, since staff would be pulling down 30 days worth of signs at the end of the period. Mr. Monahan reiterated that the City could not distinguish between political signs and commercial, real estate or other signs during this period. If they left one type up, they had to leave all types up. Councilor Scheckla expressed concern at using staff time to pick up the political signs left by the CITY COUNCIL MEETING MINUTES - PAGE 12 - MARCH 16, 1999 candidates after the 10 days they had for picking them up after the election. He suggested that staff collect the signs after the 10 days and fine the owners. Councilor Moore spoke to making the punishment fit the crime. He pointed out that it might not be worth charging $20 for signs of temporary convenience when they only cost $5 to buy. He said that he was willing to put up with the temporary irritation of these signs to save the trouble of administering a system to collect and fine sign owners. He stated that the best solution he has heard so far was the leniency period followed by a clean-up and disposal period. Councilor Scheckla concurred but questioned why staff had to pick up the signs left over after the 10 days without recovering the cost of their work. Mayor Nicoli said that he did not think that it was a big problem because most politicians tried to recover the majority of their signs. Mr. Scheidegger said that the huge problem was not the political signs but the commercial and free-standing A-board signs with balloons. Mayor Nicoli spoke to implementing the leniency period (with a $10 fine) during campaigns with an evaluation of the procedure after one year. Councilor Patton described her experience with signs as a first time campaigner, including difficulty in identifying what was public right-of-way and what was private property. She mentioned seeing inconsistency in the sign removal; her signs would be gone but someone else's would still be there. Mr. Monahan said that Councilor Patton's experience was typical for candidates. He pointed out that individual staff members also had different perceptions of where the public right-of-way was. He mentioned staff's belief that several years ago someone generated a list of the premier sites for signs (for which the individual had gotten the property owners permission) but now other candidates are using the sites without reconfirming the permission of the property owners (who might have changed). He also pointed out that pounding signs into the public right-of-way could fracture irrigation lines. Mr. Monahan summarized the discussion as the Council was interested in developing an ordinance to create a leniency period and sign charge, and in developing materials for candidates that clearly identified the rules of the game. He asked if Council wanted staff to return with something prior to the September election. Mayor Nicoli mentioned the administrative review also. The Council agreed with the direction as summarized by Mr. Monahan. Councilor Scheckla mentioned abandoned grocery carts along the highway as a similar problem to temporary signs except that the City could not do much about it without spending a lot of money. Mayor Nicoli said that the grocery stores hired people to collect the carts (valued at $100 per cart) and return them. 9. COUNCIL LIAISON REPORTS - None 10. NON-AGENDA ITEMS 10.1 Ordinance 99-08 Motion by Councilor Moore, seconded by Councilor Patton, to adopt Ordinance 99-08. CITY COUNCIL MEETING MINUTES - PAGE 13 - MARCH 16, 1999 The City Recorder read the number and title of the ordinance. ORDINANCE NO. 99-08, AN ORDENANCE AMENDING TITLE 14 OF THE TIGARD MUNICIPAL CODE TO PROVIDE THAT FEES FOR THE BUILDING CODE ADMINISTRATION PROGRAM BE ESTABLISHED BY RESOLUTION OF THE CITY COUNCIL. Motion passed by unanimous roll call vote of the Council present. (Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton, and Ken Scheckla voted "yes.") 10.2 Resolution 99-18 Motion by Councilor Moore, seconded by Councilor Scheckla, to adopt Resolution 99-18. The City Recorder read the number and title of the resolution. RESOLUTION NO. 99-18, A RESOLUTION ESTABLISHING BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL PERMIT AND RELATED FEES. Motion passed by unanimous voice vote of the Council present. (Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton, and Ken Scheckla voted "yes.") 10.3 Windows Mr. Monahan reported that John Roy has suggested that they not pull out two of the windows that have already been fixed but instead use the money to peal the bricks around the exterior. 11. EXECUTIVE SESSION - Cancelled 12. ADJOURNMENT: 9:34 .m. Attest// Catherine Wheatley, City Recorder , City Date: I:WDNACATHY\CCM\990316F. DOC CITY COUNCIL MEETING MINUTES - PAGE 14 - MARCH 16, 1999 COMMUNITY NEWSPAPERS, INC' Legal Notice TT 9349 P.O. BOX 370 PHONE (603) 684-0360 BEAVERTON. OREGON 97076 Legal Notice Advertising • City of Tigard ° ❑ Tearsheet Notice 13125 SW Hall Blvd. • Tigard,Or.egon 97223 ° ❑ Duplicate Affidavit •Accounts Payable • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. 1, Kathy SnVdpr being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of th~'i gard-Tua1 at; 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 Ci ty C'Onnoil Mee ina. /3-1 6-99 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: Idarch 11 1999 Subscribed and sworn to My Commission Expires: AFFIDAVIT me thislli h day of h, 1999 OFFICIAL SEAL BIN A. BURGESS Notary blic for Oregon *N:(O)TTRARY PUBLIC-OREGON MISSION NO. 062071 SION EXPIRES MAY 16, 2001 The following »g hi$flights are publilit*d for vous infomation, Full agendas mtty be -6b&iiied from the City Recorder, 13125 SNW Hall Boulevard, Tigard, Oregon 97223, or by calling 539=4171 TIGARD CITY COUNCIL MEETING AND LOCAL CONTRACT REVIEW BOARD MEETING' March 16,1999- 6:30 P.M. . TIGARD CITY HALL TOWN HALL 13125 SW HALL BOULEVARD, TIGARD, OREGON Reports and updates to Council;on the following topics: * Potential Road Bond Projects-Presentation * Long-term Water Source - Discussion • Community Events -Discussion * Financing Alternatives io Park Improvements - Presentation * Erickson Heights Subdivision - Item to be Continued`on April 13;' * 1999. . Executive Session 'i'1'9349 - Publi'shMarch 11; 1999. CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, I- E-)l TH E2 KKIIDOP begin first duly sworn, on oath, depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) 9g - Gg which were adopted at the Council Meeting dated MA &U 16, 1Qgq copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the _ 9s+ day of MARCH , 19 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Department, 5777 SW Burnham, Tigard, Oregon Subscribed and sworn to before me this - day of -U2a1 , 19 Cam. 0 OFFICIAL SEAL CATHERINE WHEATLIEY NOTARY PUBLIC-OREGON COMMISSION NO. 042176 MV COMMISSION EXPIRES MAY 10. 1999 Notary Public for Oregon L2& My Commission Expires: L/ ~ ~Ai lei hkadm%jo%affpost.doe CITY OF TIGARD, OREGON ORDINANCE NO. 99- C'R AN ORDINANCE AMENDING TITLE 14 OF THE TIGARD MUNICIPAL CODE TO PROVIDE THAT FEES FOR THE BUILDING CODE ADMINISTRATION PROGRAM BE ESTABLISHED BY RESOLUTION OF THE CITY COUNCIL. WHEREAS, Tigard Municipal Code Title 14 `Buildings and Construction," provides regulations for building and construction; and WHEREAS, Title 14 provides for electrical fees to be established by resolution of the City Council; and WHEREAS, Title 14 does not provide for other building code administration program fees to be provided resolution of the City Council; and WHEREAS, the City Council desires to establish said fees by its own resolution; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. Title 14 Section 14.04.040 is amended by adding paragraph (c) as fohlows: Fees for permits and other related services pursuant to the building code administration program shall be established by resolution of the City Council. SECTION 2. This ordinance shall be effective May 3, 1999 after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By LA nK 61,710v-svote of all Council members present after being read by number and title only, this 1day ofAUq !,l 1999. Catherine Wheatley, City APPROVED: By Tigard City Council this «4-day proved as to orm: City Attorney ' 3 .a3 . qq Date ORDINANCE No. 99--2L CITY TIGARD, OREGON Community Development Shaping A Better Community TO: City Council FROM: Jim Hendryx, Community Development Director Avp/~~ A~~ DATE: March 9, 1999 SUBJECT: Erickson Heights Subdivision City Staff was anticipating that the City Council would make a final decision on the findings for Erickson Heights at the March 16, 1999 Council meeting. This was the final date to adopt findings on this development without an additional extension to the 120-day clock. Notice was provided that the City Council would be taking action at the March 16, 1999 meeting. March 8, 1999, an attorney working for the applicant submitted a letter waiving the 120-day clock until one week after the City Council hearing at which the findings are acted upon. This will give the applicant additional time to prepare the required findings. Because notice that action would be taken has been provided, the City Council will need to make mention that action will not be taken at the meeting on March 161 and will be re- scheduled to April 13, 1999. In addition, staff has notified the neighborhood contacts that a decision would not be made on the evening of the 16th. Assuming that findings will be submitted by or before April 6, 1999, staff has tentatively scheduled the April 13, 1999 meeting date to allow citizens to respond to the findings submitted. The final adoption date by the City Council is tentatively scheduled for April 21, 1999. Of course, if findings are not submitted for staff to review prior to April 6, 1999, the tentative dates will change accordingly. _Gent by: W.C.COX Attorney 5032448750 William C. Cox -awmy r(law 03/08/99 4:06PM Job 37 Page 1/2 Land Use and Development Consultation 8 March, 1.90 Jim Mendryx Community Development Director City of Tigard 1.3125 S.W. Hall Blvd. Tigard, Oregon 97223 Facsimile No. 684-7297 Re: Erickson Heights subdivision, City of Tigard, File No. SUB 98-0009, PDR 98-0010, AND VAR 98-001.0 Uca.r Jim, This letter is to confirm my understanding as to waiver of the 120 day rule applicant Renaissance Development company granted the City of Tigard at the last public hearing on the above identified matter. I have been requested by the applicant and the applicant's attorney kick Carman to assist in writing the findings of approval. Thin request was made several days ago just before I got very ill with the latest flu virus. I listened to the tape of Lhe- Ci_ry Council hearing and it is my understanding that the In waiver was granted for a period that would be set by when the proposed findings were submitted to your office. I have since talked to Jim Coleman who informs me that your office was under the impression the waiver only lasted until early to mid March. I am sorry for any inconvenience T have caused but with my understanding in place I felt I would not have} a problem getting the findings to you in due course. I also have recently received a letter from Paul Noor, Atty. at. Law regarding some alleged evidentiary defects in the traffic report addressing Kable Street. Please consider this letter a Clarification that the waiver of the 120 day granted by Renaissance will be extended until a week after the City Council hearing at which the findings are acted upon. It is my understanding the next: City Council hearing date which will be available to take up this matter will, be held on April 13, 1999. 0244 S.W. California Street ° Portland, Oregon 97219 • (503) 246-5499 - PAX (5031 244-50V) Spnt by:,, W.C.COX Attorney 5032448750 03/08/99 4:07PM Jab 37 Page 2/2 I hope this letter is sufficient to clarify the 120 day issue and I would like to discuss the findings with you at your earliest to°accomplish itsaend, thatfisilwaivertot the insufficient special. 120 day rule as Sincerely yours, ~i21iG-CcUSB 76110 WCC/abh CC: To addressee via fax toi above n"IbOr 07 via F. Carman, Atty at Law Client via fax 656-1601. Agenda Item No.-q-- Meeting of 3 . I CITY OF TIGARD Engineering Department Shaping A Bever Community MEMORANDUM CITY OF TIGARD 13125 SON Hall Blvd. Tigard, OR 97223 Phone 503-639-4171 Fax: 503-684-7297 TO: Mayor and City Councilors Bill Monahan, City Manager FROM: Gus Duenas !<i City Engineer DATE: . March 12, 1999 SURTECT: Potential Road Bond Projects Attached is a listing of the potential Road Bond Projects for discussion and input during the Council Workshop Meeting on March 16, 1999. Please note that this list is not all-inclusive. However, I have listed as many projects as I consider essential to include for discussion purposes. In addition, the estimated costs are extremely preliminary and include rights-of-way acquisition, engineering and construction costs. Some of the projects do not need to be constructed in the next two to three years and may be proposed for future MSTIP funding. Some others may be funded through the Traffic Impact Pee funding. I have included maps and some aerials for the projects so you can see the actual locations for the proposed projects. If you have any questions prior to the meeting on the 16th, please let me know. Attachment c: Vannie T. Nguyen Michael Mills i, I Potential Road Bond Projects S It B~ fl e>'A Drsl d'allms}ed Htm~u'kt 1'.0. P:r dCt ~9-i L?~~ YTIrd'0 FM FrL.sk~.~svlClata Aga}oet'salra 5 n & col ROW - Fn15lIn t, 5th sc Sidewalks fliko Paths ~ Cost - W 2 L 3 L m No.Nads No-Needs Needs UDS $3,140,058 ROW 'o at cemetery - One house close. TIF Eli ' le. Desi initiated. I Gaarde Street 99W to 121st Ave. H Ma's collector Recommuction. Ex ion City/Cop-q 3,000 LF Need RO anes ar Need ROW N 3Lam Needs Needs Nee&UDS $2,928.516 Totally new mad ROW uisitionneedad.TIF robable for construction. 2 GatrdeStreet 7Hollow•WesttoWalnut Maier Collector Now Road Ci /Cam 22tALF one Includes Walnut Street intersection ands roaciws. Design initiated _ d ROW 2 Lan s 3 Lanes No-Needs No-Needs Needs UDS $3,360,007 Includes intersection at Gaarde StreeL This could be a future MSTIP project 3 121st Avenue Gaarde St. to Walnut Sr Ma'a Collala Expansion Cow 4,300 LF Nee e d ROW 2 L 3 Lanes Some-Needs No-Needs Needs UDS 51,285,956 Expansion on one side with sidewalks 4 121st Avenue Walnut SL to North Dakota Ma's Collector > Expansion City 3,200 LF Nee anes W 2 L 3 L s Somed4ceds Yes-Needs Needs UDS 54,988,438 Logical candidate for future MST1P fundin 5 Walnut Sreet Tiedeman Ave. to tYtet Ave. h%2 Collector E ion City/County 1.700 LF Need RO anes ane d ROW 2 La 3 Lancs No-Needs No Need UDS $1,515,625 $900,000 for ROW. ROW could be resold after ro'ect is completed 6 Reallmeat of ScoBim Street Hall at Hwziker and Scoffins Local Street Reali ent. si izetion CI /State 325 LF Nee nes ROW 2 L 2 Lanes ° Some-Needs No-Needs Needs LIDS $1,557,625 ROW acquisition required on two lots 7 Burnham Street Main St to Hell Blvd Minor Collector Reconstructiion Ci 2,100 LF Need aren- 8 9 10 North Dakota Greenbn Road Greenburg Road Tieder ms Ave. to 121st Ave Wash. Square to TiedemanAver Wash. Squaw. to Hall Blvd M otor Collator Ma'aCollector Major Collator ion/Reconstruction and Now North SauthRoad Expansion Expansion Ci Cow Cow 5,200 LF 1,000LF 3,000LF 3,l00 LF Need ROW Need ROW NecdROW Need ROW 2 Lanes None 3Lanes 3 Laaes 3 Lanes 2Lanes 5Lam 5 Lanes No-Needs Needs Yes-Needs Yes-Needs No-Needs Needs - No-Needs No-Needs Needs UDS Needs UDS Needs UDS Needs UDS $3,852576 $1,543500 $3,708,259 S4,375,823 Allows one-way in at Tiedeman and proposes new north-south street This would remove conflict at Tiedeman/North Dakota intersection Reworking ofinterea6onatTiedemanAvenue and approaches Submitted for Priorities 2000 funding. ' Ranks fair) hi in list Most of ROW has to be from east side 11 . Wall Street Extension Hwziker Street to Hall Blvd Major Collector ; New Road Ci /State 2,600 LF Need ROW None - 3 Lines Needs Needs Needs UDS $4,875,920 New road Possible futurc extension north to Dartmouth. Costs include purchase of ROW. 12 79th Avenue Bonita Road to Durham Road Minor Collector' ion/Reconstruction City 4.000LF Need ROW- 2Lanes 2Lanes Needs Needs Needs UDS $2,783,813 LID should be formed to pay a portion ofthis. 13 Tigard Street BrIdaReplacement Tigard Street ucarTiedeman : Minor Collector Bridge lacement City 600LF Need ROW 12 Lanes 2Lanes ` Needs Needs None $1,311,975 Bridge stillmar'nail sound, but is under water in floods 14 72nd Avenue 99W to Hwziker Street Major Collator E ion/Reconshuction City 4,650 LF Need ROW 2 and 3 laces 5 tares Some-Needs Needs Needs UDS $3,642,660 Submitted for Priorities 2000 fundin but unlikely to et an IS HunzikerSweet Hall Blvd to 72nd Ave. Major Collector Expansion City 3,900LF-- Need ROW 2Lanes, 3Laoes So eNeeds Na Needs UDS, 51,805,895 Expansion to 3 lanes with sidewalks 16 Murd"ItStreei 106th Ave. to 103rd Ave. Local Street wstrcetconsnvction Ne Ci 'b00LP Needs-footatri None 2.Lanes J i No-Needs No- Needs 1NeedsUDS 1 $134,000 INewstreet eomieetiontoschools 17 ~ l~rurdodc Street 107M Ave. to 97th Ave. Local Sn'tet ' . ew & anion iCity _ ---4 IRO L, F__ Nad lO feet 2lanes 12ranes 'No-Needs No-Nccds Needs U D S $75QI41 Expansion with sidewalks on bath sides 8 Sather Street ~ 10001 Ave. to 98th Ave. Mirar Col!xior E;pan:ion 1 city 13 6 LP Nced 10 Feet_ 12 Lanes 2 Lanes No-Needs L No-Need, Needs U DS 3554,629 jErpansion to full width with sidewalks and droinagc 19 SeMlrr Street - 99th Ave. to 92nd Ave. MInor Gillector ~Expansion on one tide ~ Ll~_ 1,200 LP_ Nred ROW 12 Lanes 12 Lanes Seine-Needs iNo-Ne~ds _ Needs UDS S575,815 Project would ex and to add sidewalk on north side ~ - ' ' Z2R 770O Prepared 311211999 ~ ~ - _ - - ._e.e-- I PiddS~ Tot- . x1 _~I s C 0 b 0 .may s~ 0 PM14 V 4ba oP-4 u 0 C*N C*N e---4 ~d ev O 0 O CS1 ~ rA U w cn cld O cu e1d N a~-a v~ N O x V/ cd dJ 0 1 ~I e~ Cld 0 Z C) W 4-4 N (M19) V] c cis C) c--4 r--.4 rn c~ Cid J~ CTS ~--d 4-4 TT~ V 1 4-4 cis CC3 ~ ® ~ cd 0 7t~ Z 0 d~ -dam z/1 0 a~ a~ a~ 0 7004 CC3 ~ ~i C~ V . VM4 P4 ..a -a Cd 4~ W-4 cu Cld O cqd O N N O d> Z Z Cld Z cd O Cld Q rr~ O tom :ko > a3 P4 t~A TT~ V1 Cd 3 i-+ ® 0.00 • r-+ rz~ cd P4 .Alk 94 cqd x a) 0 T V .d .tom Cd 0 e W 4-4 x 1-1 0 0 td s . . • PI c13 D i Q Cld -+-j • pad a 1 t, 0.4 0 a~ 0 V l1 I:$ t8 to tai .-Y-4 O OSS 4, V 1 N N ~ O N t~ d1 x D 4 -4 :C3 /1 lc~ 134 cn rS4 o pso4 ~i i-a 0 C1~ cis U LLJ i A r-~ V~ s N P"~ r-~ G~ 9J U O b M O 4.4 cop) 0 4J z/1 U O 15 Q3 0 a~ a~ 0 ® E`. x U Cf) CCU ~j F~4 T~ V ~ %LIP 00 0 a~ 0 0 4 a 3 C a L) F) os cn ~d O fl~ a 00 c4N 4J ff~- ~ Potential Road Bond Projects Presentation to City Council March 16, 1999 Gaarde Street Hwy 99W to 121st Ave. i- t Gaade suer R=mtruction and Expmi- It to °il Gaarde Street Hwy 99W to 121st Avenue Jill Gaarde Street Quail Hollow-West to Walnut Street Gaarde Street Extension Quail Hollow-West to Walnut Street Gaarde Street Hwy 99W to 121st Avenue 121st Avenue Gaarde Street to Walnut Street b l D4 f y ~ 1'~ ! t~ 1 T f~ 7: 121st Avenue Walnut Street to North Dakota Street 2 Walnut Street Tiedeman Avenue to 121st Avenue Realignment of Scoffins Street Burnham Street Main Street to Hall Blvd i ie Greenburg Road Washington Square to Tiedeman Avenue Greenburg Road Widening - 6 \ p yr < rII z rar 11 4 Greenburg Road Washington Square Drive to Hall Blvd U Wall Street Extension Hunziker Street to Hall Blvd New Street Connecting Hall and Hunziker :e 5 72nd Avenue Hwy 99W to Hunziker Street VLJae 72nd Ave Expand to 5 0 lanes 72nd Avenue Hwy 99W to Hunziker Street Hunziker Street Hall Blvd to 72nd Avenue Hunziker Street Hall Blvd to 72nd Avenue Hunziker Street Expansion t E Hunziker Street Hall Blvd to 72nd Avenue Murdock Street 106th Avenue to 103rd Avenue Sattler Street 100th Avenue to 98th Avenue Sattler Street 100th Avenue to 98th Avenue Murdock Street Extension Sattler Street Expansion Murdock Street 106th Avenue to 103rd Avenue Sattler Street Potential Road Bond Projects Presentation to City Council March 16,1999 u 8 AGENDA ITEM # I FOR AGENDA OF March 16. 1999 ISSUE/AGENDA TITLE CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY PREPARED BY: A.P. 15uenas DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Presentation of potential projects for a Road Bond issue for Council discussion and input. STAFF RECOMMENDATION Staff requests Council discussion and input on the potential road bond projects. INFORMATION SUMMARY The Tigard Beyond Tomorrow surveys revealed that over 50% of the respondents listed traffic and transportation issues as the most important issues facing the community. The Transportation System Update Plan study is nearing completion. This study will identify street improvement projects that need to be initiated to meet traffic demands for the next 15-20 years. The study focuses on adding capacity. In addition, there are streets within Tigard that are rapidly deteriorating and require reconstruction. The Council direction is to initiate a process to select projects for a road bond issue to bring to the voters in Tigard in the year 2000. The projects would presumably include reconstruction projects, widening and expansion of certain major streets, and sidewalk extensions at selected locations. A task force is now being formed to help select the projects, to undertake the public process necessary to place it on the ballot, and to help in the passage of the bond measure. The purpose of this presentation is to introduce to Council a mix of projects for consideration in the process of selecting the final list for inclusion in the road bond issue. The project list is currently being compiled and will be submitted to City Council with the City Manager's Newsletter on March 12, 1999. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The improvements proposed for funding through a Road Bond issue would meet the Tigard Beyond Tomorrow goals of Improve Traffic Safety and Improve Traffic Flow. FISCAL NOTES None at this point. IACitywide\Sum\Potential Projects for Road Bond Willamette River Water Quality Page 1 of 10 i A550 i a,4,56C to i4cn4 5 Willamette River Water Quality On January 21St the Wilsonville City Council held a special meeting devoted to Wilsonville's future water supply options. As a follow up to that meeting, citizens have requested additional information regarding aspects of Willamette River water quality. Teff Bauman, Wilsonville's Public Works Director collaborated with several people to assemble the following information addressing the issues that have been raised. Won't some oceanic compounds pass throueh n in the Willamette River lf ti f P l the GAC process and lead to problems with u o o Leve o trihalomethanes? Methods Used for borato f L Pharmaceutical Byproducts in Drinking ry a Adequacy o Testing Water Quality Water Isn't the Willamette River One of the 10 Most Health Risk Due to Dioxin Polluted Rivers in the U.S.? Adequacy of Water Treatment Technology Cancer Rates L ISSUE' Level of Pollution in the Willamette River Some citizens have the impression that studies conducted by the Unites States Geological Survey (USGS) paint a different picture of Willamette water quality than is reflected in the monitoring conducted by Montgomery Watson. One citizen asserts a USGS report entitled "Distribution of Dissolved Pesticides and Other Water Quality Constituents in Small Streams, and their Relation to Land use, in the Willamette River Basin" detected 36 toxic chemicals virtually every time they test for them. Is the Willamette more contaminated than Montgomery Watson is reporting? RESPONSE: The USGS has published several studies regarding the Willamette watershed (see attachments showing cover pages of these studies). In the report referred to above, the USGS looked for 86 (not 36) chemicals in each of 95 samples from tributaries to the Willamette River. The results are as follows: 5 chemicals were "frequently detected" in the 95 samples; 15 chemicals were "occasionally detected" (i.e., in 10-37% of the 95 samples); 16 chemicals were "rarely detected" (i.e., in less than 10% of the 95 samples); http://www.ci.tigard.or.us/Willamette%20River%2OQuality/willamette river water_quality.htm 3/15/99 Willamette River Water Quality Page 2 of 10 50 chemicals were not detected at all in any of the 95 samples - - despite the exceptionally low detection limits used by the USGS labs. This particular USGS study focused on agricultural chemicals in tributary streams. As the water flows into the main stem of the Willamette River, the concentrations of such chemicals are reduced to unmeasurable levels. This is due to a variety of factors. The larger volumes of water in the river further dilute the concentration of any chemicals present. Also, many of the chemicals settle in the sediments of the streams and in the river. And to varying degrees the chemicals undergo physical and biological degradation. Other USGS studies have directly tested the main stem of the Willamette River itself. The closest testing site upstream of the proposed Willamette water treatment plant was in the Newberg area. At that location, USGS tested for 127 regulated and unregulated chemicals in the water. Of these, only 4 were detected - - and they were at parts per trillion levels, which do not violate drinking water standards (even in untreated water). The ozone/GAC process in the proposed Willamette water treatment plant has been demonstrated to be effective for removal of the organic contaminants that were detected by the USGS. ISSUE: Adequacy of Laboratory Methods Used for Testing Water Quality Some people claim the detection limits of Montgomery Watson's study are not sensitive enough compared to sampling conducted by the USGS. RESPONSE: The laboratory methods being used by Montgomery Watson follow EPA methods of analysis. These methods and their corresponding detection limits have been developed by the EPA labs in Cincinnati, Ohio. These methods are used by hundreds of labs certified for drinking water analysis around the country, by the Oregon State Department of Health, by the EPA, and by all water utilities for regulatory compliance. These methods are designed specifically for drinking water compliance purposes, and are the only legally defensible results that will be accepted by the State Department of Health and the EPA for approval of a water treatment plant on the Willamette. The USGS, by contrast, is a research organization that develops its own lab methods and is free to continually modify those methods in pursuit of the lowest possible detection limits. Nonetheless as noted above, in the vicinity of the proposed Willamette water intake the vast majority of pollutants were not detected - - even with USGS methods. ISSUE: Isn't the Willamette River One of the 10 Most Polluted Rivers in the U.S.? http://www.ci.tigard.or.uslWillamette%20River%20Qualitylwillamette river water quality.htm 3/15/99 Willamette River Water Quality RESPONSE: Page 3 of 10 No. The USGS released results. of a comprehensive study of the Willamette Basin in May, 1998. This study was conducted as part of the National Water Quality Assessment (NAWQA) program, and is one of 20 such studies underway. The NAWQA Program will ultimately evaluate 50 of the nation's largest river basins and aquifers. Key findings of the NAWQA Study include: Compared to conditions on 19 other NAWQA basins, fish communities and stream habitat in agricultural and urban areas in the Willamette Basin were among the most degraded. The most common factors contributing to these conditions were poor riparian quality (riverbank conditions), bank erosion and a high degree of channel modification. None of these conditions are expected to be factors in the treatability of the Willamette River for drinking water. Nutrient concentrations at Willamette Basin stream sites were similar to those found nationally. Pesticide concentrations in streams were representative of other NAWQA sites. Concentrations of organochlorine pesticides and PCBs in bed sediments and fish tissue were typical of other NAWQA sites. Trace element concentrations in bed sediments were lower than typically found nationally. Concentrations of semivolatile organic compounds in bed sediment were low compared to other NAWQA sites. Iof Water Treatment Technology A few citizens have expressed concern that granular activated carbon (GAC) is not a reliable method to remove toxic chemicals from the water. Cincinnati was cited as an example where difficulties have arisen with GAC being able to adequately treat organic chemicals, thereby contributing to problems with trihalomethanes. RESPONSE: The treatment process proposed for the Willamette River is "state of the art". The proposed plant will be one of the most advanced in the country. In 1998, Montgomery Watson surveyed six cities in the U.S. whose source of drinking water is also a major river. Cities were selected to provide a wide geographical distribution, to include watersheds with a variety of land uses and associated contamination issues, and treatment plants representing a full spectrum of treatment technology. Surveyed sources included: Delaware River - Philadelphia, PA Sacramento River - Sacramento, CA http://www.ci.tigard.or.us/Willamette%20River%20Quality/willamette_river_water quality.htm 3/15/99 . Willamette River Water Quality Page 4 of 10 Missouri River - St. Louis, MO Colorado River - Las Vegas, NV Ohio River - Cincinnati, OH Red River - Fargo, ND Source water quality results: The Willamette River watershed is not as heavily developed for agriculture and industry as other watersheds surveyed, and this is reflected in the low frequency of detection and low levels of chemicals present in the Willamette compared to other sources of a similar size. In spite of inputs of pollutants in other, more highly developed ,.watersheds, concentrations of organic contaminants in other major rivers are extremely low, in the range of a few parts per billion or less. This was true in of all rivers studied, from the Red River that is surrounded by intense agricultural development, to the Ohio River with its numerous industrial and urban discharges. The high flows of these major rivers reduce concentrations of these chemicals to extremely low levels. Treatment process comparison: All plants surveyed produce treated water that meets drinking water standards. Only three of the plants surveyed use activated carbon as a barrier to organic contaminants. These three plants are located downstream of point source discharges and are subject to agricultural runoff and chemical spills. The Richard Miller Water Treatment Plant of the City of Cincinnati draws from the Ohio River, one of the most heavily polluted rivers in the U.S. The plant uses post-filtration activated carbon treatment (i.e. water is treated through conventional filtration, and then passes through an activated carbon bed). None of the regulated synthetic organic compounds (SOC) or volatile organic compounds (VOC) have ever been detected in the treated water from the Cincinnati plant in the past 10 years. The vulnerability of a potential Willamette plant to contamination is far less than the Ohio River. The proposed treatment process for the Willamette will be as or more advanced than any plant surveyed, including Cincinnati's, in that both ozone (the strongest oxidant/disinfectant available) and GAC filtration (the most effective process for synthetic and volatile organic compound removal available) are incorporated into the process train. Activated carbon regeneration: Due to the relatively small size of the proposed Willamette plant (35-40 mgd) and the relatively small amount of carbon used, economics strongly favor the thermal regeneration of activated carbon off-site (as opposed to on-site as is done at Cincinnati's 235 mgd water treatment plant). Current operation and maintenance cost estimates assume that the spent carbon will be sent to a facility in northern California, which processes GAC for California utilities. ISSUE: Won't some organic compounds pass through the GAC process and lead to problems with trihalomethanes? http://www.ci.tigard.or.uslWillamette%2ORiver%2OQualitylwillamette river water quality.htm 3/15/99 Willamette River Water Quality Page 5of10 (Note: The final step in the water treatment process is typically the addition of chlorine or related disinfectants. The benefit of this step is to inhibit the growth of bacteria as water flows through the transmission system from the soured to the end usdr. One drawback of this disinfection process is that chlorine can combine with naturally-occurring organic compounds to create trihalomethanes and other halogenated organic compounds - - a class of potentially harmful chemicals.) RESPONSE: Enhanced control of trihalomethanes will be one of the primary benefits of a potential Willamette River ozone/GAC treatment plant compared to current drinking water quality in the region. Another major benefit of the proposed process will be protection from disease- causing protozoa such as Giardia -and Cryptosporidium through the use of ozone. In these two respects, the proposed Willamette plant will provide unsurpassed drinking water quality at the tap compared to all current supplies. The Willamette River is similar to most surface waters in the region, having an average raw water Total Organic Carbon (TOC) concentration of less than 2 mg/L. TOC includes naturally-occurring carbon that goes on to react with chlorine in the treatment process to form chlorinated disinfection byproducts. The Northwest is fortunate to have relatively low TOC water, which can range up to 20 mg/L in surface waters elsewhere in the U.S. Even without ozone/GAC treatment, and instead utilizing conventional filtration, levels of disinfection byproducts in the finished Willamette River water would be comparable to the current Clackamas, Tualatin, Mollala and Bull Run supplies. Pilot plant testing has demonstrated that the use of ozone/GAC will reduce these levels even further. This is how we conclude that disinfection byproduct concentrations will be well below current and anticipated drinking water standards. In fact, these levels will be significantly lower than any current source of drinking water in the region. With respect to the treatment capabilities of the Cincinnati plant, their water treatment facility has been studied intensively by many outside agencies, engineering consultants including Montgomery Watson and the EPA. The Cincinnati plant consistently meets drinking w,:?-,r standards. ISSUE: Pharmaceutical Byproducts in Drinking Water Could there be dangerous pharmaceutical drugs in the Willamette River supply as a result of sewage treatment plant discharge to the river? RESPONSE: This issue has been discussed in the past few years in the media, primarily as a result of German and Swiss analyses of surface waters. The European scientists have detected numerous medicinal drugs in surface waters receiving treated human wastes. In the European studies, the highest concentrations tended to show up in the smallest rivers, where up to 50 http://www.ci.tigard.or.us/Willamette%20River%2OQualitylwillamette_river'water quality.htm 3/15/99 . Willamette River Water Quality Page 6 of 10 percent of the river flow could be treated sewage treatment plant effluent. At these high fractions of "recycled" flow, total concentrations can reach several parts per billion (Science News, March 21 1998). It is important to note that even in the most heavily used rivers (i.e. 50 percent treated wastewater), concentrations of pharmaceuticals are in the parts per trillion and parts per billion range. By contrast, the required dose of the most commonly used drugs is in the milligrams per liter (parts per million) range. In other words, the dose being discovered under worst-case conditions in the environment is at least 1,000 to 1,000,000 lower than the dose required to evoke a response. The current concern about these chemicals focuses on their effects on fish and biota. While additional study may show that these low levels do have an effect on sensitive animal species, they are not anticipated to be an issue for human health as it relates to drinking water treatment. A second point is that we are far from the heavily utilized rivers of Europe here in the Northwest. The closest municipal sewage treatment plant to the proposed intake belongs to the City of Newberg approximately 8 miles upstream, with an approximate average discharge of 3 mgd. This compares to the average flow of the Willamette River of 10,000 million gallons per day (USGS, 1998). Thus the fraction of river water composed of treated effluent is far less than one percent. The next upstream municipal discharge in the Willamette is the City of Salem, 37 miles upstream of Newberg. In this country, research into the environmental effects of wastewater effluent has focused on the female sex hormone, estrogen. Human females secrete several estrogen compounds, including naturally-produced estrogen and its metabolites, as well as synthetic estrogen from birth control pills and menopause drugs. These chemicals have-come under scrutiny because they are prevalent in wastewater, and some studies suggest that they are highly active, i.e. able to induce effects in animals. Estrogenic chemicals should be present in by far the greatest amount of any drug in the raw water, by virtue of the levels produced and excreted per female every day. The Willamette Water Supply Agency (WWSA) recently contracted with the firm CTRAPS (Consultants in Toxicology, Risk Assessment and Product Safety) to perform a highly sensitive bioassay for the presence of estrogenic chemicals in the untreated water. Multiple Willamette River water samples did not detect estrogens, chemicals which mimic estrogens or substances which interfere with the action of estrogen (i.e. "endocrine disrupters") with a detection level of 0.00002 parts per trillion. A final point is that if pharmaceutical compounds were present in the Willamette River, the proposed ozone/GAC process would be effective in their removal. These compounds are large organic molecules that would be highly susceptible to destruction by ozone. Montgomery Watson is not aware of any current efforts by the EPA to investigate this issue. No other cities or municipal water utilities have this issue "on their radar screen" for sampling, even in much more highly developed, urbanized watersheds. EFSUE: Health Risk Due to Dioxin Numerous concerns have been expressed regarding dioxins. Such concerns are that: dioxin is http://www.ci.tigard.or.uslWillamette%20River%2OQualitylwillamette_river'water quality.htm 3/15/99 . Willamette River Water Quality Page 7 of 10 so toxic EPA says no amount of dioxin is safe; the laboratory methods used weren't sensitive enough to detect lethal amounts of dioxin; pulp mills, such as the Smurfit facility in Newberg, and incinerators are major sources of dioxin; contaminated sediments pose a serious dioxin threat to water supply; and there are eight kinds of dioxin but Montgomery Watson looked for only one. RESPONSE: There are 75 different dioxin compounds. The toxicity of the dioxin compounds varies widely. The most toxic form is 2,3,7,8-TCDD, which is currently regulated to a level of 0.00000003 milligrams per liter (3x1O-8 mg/L). This is the dioxin Montgomery Watson tested for. Montgomery Watson used the same contract lab for analysis of dioxin as did the USGS for its Willamette Basin sampling program. The method reporting limit (the detection limit) for individual samples varies with the sample, but is typically in the range of 1 to 3 picograms per liter (10-12 mg/L, or one-thousandth of a part per trillion). This detection limit is 10,000 times lower than the treated water standard for this chemical, so there is no danger of non-detection in concentrations approaching those of impact to human health. It is noteworthy that dioxins are among the least soluble of all substances. Rather than dissolve in water, dioxins readily bind to sediment particles. From a drinking water standpoint, this affinity for sediment is helpful in that water treatment processes are extremely efficient at removing particles through settling and filtration, and would accomplish removal of this contaminant should it be present. Research by the USGS reveals that dioxins and furans (a related chemical compound) are not present at levels of concern in the Newberg Pool, the location for a potential water treatment plant intake. The USGS survey collected sediment samples from 23 locations including the Newberg Pool; the polluted Portland Harbor area, the pristine upper reaches of the Willamette River tributaries, and the Bull Run watershed. Some important conclusions of the study are: Dioxins and furans were found in every bed sediment sample collected, although 2,3,7,8-TCDD itself was below the detection limit in samples from the Newberg Pool. The levels detected in sediment from the Newberg Pool were the fourth lowest of the 23 sites, and are comparable to those detected in undeveloped rural areas that were selected to represent "background' concentrations of this pollutant in the Basin. Levels of total dioxins and furans in the Newberg Pool (100 pg/g) were lower than those which are considered to be background concentrations at reference sites elsewhere in the U.S. (400- 900 pg/g) where atmospheric deposition is the presumed source. Levels of dioxins and furans in bed sediment from the Newberg Pool were lower than those detected by the USGS in sediment from Fir Creek in the protected Bull Run watershed (250-300 pg/g). Again, atmospheric deposition is the presumed source of dioxin in the Bull Run watershed. Filtration is not currently employed to http://www.ci.tigard.or.uslWillamette%20River%2OQualitylwillamette_river'water quality.htm 3/15/99 . Willamette River Water Quality Page 8 of 10 remove sediment from the Bull Run source. The Smurfit newsprint plant in Newberg has been accused of being a source of dioxin releases to the Newberg Pool. This is incorrect. While dioxins and furans can be produced in the bleaching of wood pulp with chlorine, the Smurfit plant has never used chlorine in its production of paper. The Pope & Talbot pulp mill about ten miles upstream of the City of Corvallis, however, has used chlorine in its bleaching process. USGS tests on sediment samples in the Willamette River at Corvallis show dioxin and furan levels to be approximately the same as the levels found in Fir Creek sediments in the Bull Run. There is no indication that dioxin has caused health problems for consumers of treated Willamette water in Corvallis, and there is no reason to expect this to be a health problem for Wilsonville if the City chose to use treated Willamette water for municipal water supply. Human exposure to dioxins is almost entirely via ingestion of food products, not from drinking water. According to information provided by the Oregon Health Division, estimated average daily intake of dioxins by the general U.S. population is 120 picograms. Of that, an estimated 47 picograms are in the form of 2,3,7,8-TODD. The attached chart from EPA's dioxin reassessment document shows that less than one one-hundredth of one percent of a person's total daily intake of 2,3,7,8-TCDD is from water. Daily intake from air is estimated to be 2 percent. Approximately 98 percent of a person's total daily intake comes from food products. Here is what the EPA has said about dioxin: "While dioxin has been shown to be toxic to certain lab animals, evidence is lacking that it has serious long-term effects on humans. The public's perception has been largely based upon information reported on toxic effects found in lab animals. People tend to relate these effects to humans and begin to fear them. Once fear has been created, it is hard to dispel." (EPA Environmental Educational Series - Volume II I: Solid and Hazardous Waste, 1992) In 1994, the EPA appointed a Scientific Advisory Board composed of 42 scientists, academics, government researchers and industry representatives, to review the EPA's Dioxin Exposure and Health Effects Documents. This Board found that while human effects from dioxin (and like compound) exposure occur at levels closer to background than previously estimated, "the conclusion that dioxin and related compounds are likely to present a cancer hazard to humans at exposure levels within one or two orders of magnitude above background is not well- supported by the existing human epidemiologic database." (EPA Science AdvisoryBoard Dioxin Assessment Review, May 15-16, 1995). ISSUE: Cancer Rates Some people have speculated that cancer rates will go up if the Willamette River is used as a source of drinking water. RESPONSE: There is no direct correlation established between drinking water and cancer rates. If such a causal relationship exists, and if the consumption of Willamette River water is presumed to http://www.ci.tigard.or.uslWillamette%20River%24Qualitylwillamette_river water quality.htm 3/15/99 Willamette River Water Quality Page 9 of 10 increase cancer risks, then one would expect cancer rates to be higher in Benton Count; (where people drink Willamette water) than in Multnomah County (where the majority of the population drinks Bull Run water). In fact the opposite is the case. Benton County has one of the very lowest cancer rates in Oregon, whereas Multnomah County has one of the very highest cancer rates in the State. The greatest risk factors for cancer are tobacco use, alcohol use, genetics and workplace exposure to carcinogens - - not drinking water. According to Michael Humann, Deputy Epidemiologist at the Oregon Division of Health, there are no studies that have shown a link between municipal drinking water and cancer incidence. The only study purporting to show a link between cancer and drinking water was done by the EPA in Wobom, Massachusetts, where certain residents were exposed to extremely high levels of trichloroethylene through contaminated groundwater. (This case was dramatized in the book and the movie "Civil Action.") However, even in this case, the EPA stopped short of concluding that additional cancers were caused by the drinking water. By the way, trichloroethylene has not been detected in the Newberg Pool of the Willamette River. But low levels of trichloroethylene are detected in the Columbia South Shore well field, and for that reason the City of Portland operates an air stripping facility on one of its wells to remove this chemical from the drinking water. These responses are not intended to ignore or downplay concern about health and safety issues. To the contrary, protecting public health is a critically important objective in planning for Wilsonville's future water supply. That is why far more time and money and pilot testing have been devoted to evaluating the Willamette River than any other potential water supply in the state and in the nation. The question is: by what "yardstick" should we measure all this information? Rather than depend on the individual opinions/preferences of staff or consultants or citizens or interest groups, we have started with federal and state drinking water standards. These standards have been established by scientists and health experts from around the nation who have spent decades researching this issue to assure municipal water supplies are safe to drink. But we have gone beyond drinking water standards alone. The proposed Willamette water treatment facility is designed not only to meet current drinking water standards, but is also designed to meet proposed future drinking water standards. It is also designed to remove chemicals for which no standards exist, as well as chemicals that are OR MAY BE PRESENT below the detection limit of the most sophisticated laboratory tests. It is a non- specific (i.e., broadly effective) treatment process that has been demonstrated in this country and around the world to effectively remove pesticides, herbicides, solvents, gasolines, dyes, PCBs, industrial chemicals, and combustion products. Therefore, we do not have to "know" every compound which could be present in the Willamette in order to understand that the chemicals of concern will be readily removed by the process. It's worth a final reminder that after numerous samplings for an exhaustive list of potential contaminants by utilities and by the USGS, there are none present at levels of concern, even in untreated water. The issue revolves to a large degree around the adequacy of the EPA Safe Drinking Water Standards and whether those standards truly provide for safe drinking water. Both Montgomery Watson and the City of Portland stated at the Council's January 21 work session that the EPA standards do in fact provide for safe drinking water. Citizens have presented no evidence to the contrary. http://www.ci.tigard.or.us/Willamette%20River%2OQuality/willamette river water_quality.htm 3/15/99 F a 0 a w% /here has over water come from in the last 20 years? i S Tigard's Water Supply History In 1996, Lake Oswego's growing demands limited its Do YOU know where your water comes from? For more surplus supply and they were unable to supply enough than 20 years, Tigard has purchased approximately 90% of water to meet our demands. Today, water is purchased our water from Lake Oswego, which is treated Clackamas from the following suppliers: River water. The remaining 10% was supplied from the 1996-Present City's own wells and Portland. Portland 70% Tualatin Valley WaterB&ftXt 20961' Lake Oswego 5016 City Wells 5% Proposed Willamette Water Treatment Plant Process y TO USERS CuEMQcAL ADurnoN ORm CONrAcroR • FEwnc CRLORmE SETTLING FILTRATLON • POLYMER • GRANULAR AcrwATED MMMG oJr1rr ON CARBON (GAC) • ozoNE • SAND Compare the Options: Willamette River vs. Bull Run-Columbia Southshore Wellfield The following is a side-by-side comparison of the two options, based on the top three criteria: water quality, cost of water and certainty of supply. BULL RUN/COLUMBIA WILLAMETTE SOUTHSHORE WELLFIELD Water Quality » Watershed susceptible to agricultural and industrial pollution » Pristine watershed, closed to agricultural and industrial activity » Raw water requires filtration to meet EPA drinking water standards » Water treatment plant expected to produce water that meets or exceeds future regulations » Capable of treating raw water with turbidity levels exceeding 200 NTUs » >99.99% removal of Giardia and Cryptosporidium in 2002. » Raw water does not require filtration, only disinfection, to meet EPA drinking water standards. » Proposed treatment in 2020 expected to meet or exceed future regulations » Capable of supplying water with turbidity levels up to 5 NTUs, until filtration in 2020 Disinfection of Giardia and Cryptosporidium, removal in 2020 with filtration » Total project costs: $92 million, Tigard's share $42.7 million » Based on 20 million-gallons-per-day capacity Certainty of Supply » Proximity to source -11 miles » Little risk of shutting down plant due to elevated turbidity levels » Total project costs: $ 5555 million, Tigard's share $66.5 million » Based on 25 million-gallons-per-day capacity » Proximity to source - 40 miles » Heavy rains and increased snowmelt increase risk of Bull Run shutdown due to elevated turbidity levels -10- a The Most Polluted River in the U.S.? That's just one of the claims we've heard about the Willamette River during the course of public debate over whether it's appropriate to even consider the River as a drinking water source. We've also heard some very scary rhetoric thrown around regarding cancer, Ffr endocrine disruptors, dioxin and agricultural pesticides. We've been busting our buns researching these issues trying to find out what's fact and what's fiction. So let's take a good hard look at what we've heard and what we've found out. ffy a The following article is reprinted with permission from The Boones Ferry Messenger, the official newsletter of the City of Wilsonville. Okay, now lets take a look at some of the claims we keep hearing. 1. THE MOST POLLUTED RIVER IN THE U.S. Or the fourth most polluted or the fifth most polluted or the tenth most polluted. Whatever. We have been unable to find any documentation to substantiate these claims. ~o ro aA.;,k, to hlW,.,e& aa~A, a~rcr~ t4 araat It is certainly true that physical changes First, it's important to understand what kind iarpactedwatrr8i~idsir t aatior. $atir t~rwraa~ throughout the of testing has actually been done on the water pd,, ace*4t to t4 ,6m;vaarart I Willamette basin have Willamette River and how the treatment I significantly altered fish rotictrorrc~, ~v/~~aFrctL`o ~tiFe process works. P ri habitat (e.g., stream d'4-644 17°OAY d' & to Ooepr 6roJ :s is t-ela e In tests dating back to 1994, the engineering firm of Montgomery Watson tested for any chemical that had ever been detected at any level anywhere in the Willamette River basin by the US. Geological Survey, as well as any chemical there was reason to believe might be there, even if it hadn't been detected by USGS, as well as, of course, all EPA regulated contaminants and all EPA candidate contaminants. This is by far the most thorough testing of any water source anywhere in the U.S. Almost all of these contaminants are notpresentat detectable levels in the Willamette River near Wilsonville. Those that are detected are present at levels that are below safe drinking water maximums and all can be removed by the proposed treatment process. The treatment process is what's called a multi-barrier ozone/GAC system. Sediments are removed from the raw water, ozone gas kills bacteria and microbial pathogens, and a granular activated carbon filter removes remaining contaminants. The system is designed to meet or exceed all existing and anticipated EPA safe drinking water standards. It will produce the safest, highest quality drinking water in the region, a fact that water quality experts with the City of Portland do not dispute. channelization, filling of ~°0d8ic a wetlands; damage to spawning habitat, etc.). So it's fair to say that if you're a fish, the Willamette may be among the most impacted watersheds in the nation. But in terms of water quality, according to the Environmental Protection Agency, the Middle Willamette (the stretch from Salem to Oregon City) is in relatively good shape. The EPA gave the middle Willamette a score of 3 on its index of watershed indicators, which rates every watershed in the U.S. for its overall health on a 1- 6 scale, with 1 being "better water quality" and 6 being "more serious water quality problems." The Clackamas River (which serves Lake Oswego, West Linn and many other cities in Clackamas County) was also scored at 3 and the Tualatin River, which supplies drinking water to portions of Washington County, was scored at 4. In addition, the report of the Governor's Willamette River Basin Task Force states that "Most experts agree that the Willamette River is probably in better health today than it has been for a century." The report then goes on to address the problems that still need to be tackled. Finally we've come across a list of "The 50 most polluted rivers or waterbodies in the U.S.," published by the Environmental Working Group, a Washington, DC lobbying, research and public information organization. -7- The Willamette appears on that list at #50; dead last. (This list measures only total direct toxic discharges into the water, but not other factors that contribute to water quality problems. It also doesn't account for dilution that occurs in rivers with larger volumes of water.) Of course, there are more than 50 rivers in the U.S. and we're not trying to suggest that the Willamette is free of pollution. But if anyone reading this knows of a way to substantiate the claims that the Willamette is the most polluted river in America, we'd like to hear from you. Votar eo o, ~aAw eq? Please call Jennifer Renninger, at 639-4171 roa&o-) Aar ow, o jtk and ~o x 429. CANCER It has been said or inferred that drinking treated Willamette River Water will increase your cancer risk experts. 4 4.4le areeteac 3. ENDOCRINE DISRUPTORS Endocrine disruptors are a family of chemicals that either alone or in combination mimic human.estrogen and are suspected of having negative health and developmental effects. This has been a major source of concern for water suppliers. However, a new study conducted by Dr. Daniel Byrd of Consultants in Toxicology, Risk Assessment and Product Safety, and Dr. Tim Zacharewski of the National Food Safety and Toxicology Center at ql &t,t& Rti Michigan State University, has ee,~1V&e4r D/'GOK, concluded that there are no endocrine disruptors present in the Willamette. ~u/~ireaS/pyDaDl~KOxa.E G'oaKt~s ffi "we a Argorit~ oji e8acre 1k,04Q41 /CaKa/ateo-J,(,wogregJ44 iK t , etata, Al Not so, say the health According to Michael Humann, Deputy Epidemiologist, Oregon Health Division, there are no studies that have shown any link between municipal drinking water and cancer incidence. What's more, says Humann, the cancer risk presented by water that meets EPA safe drinking water standards is "immeasurably small." If there is in fact a causal relationship between water supply and cancer, and if the consumption of Willamette River water is presumed to increase cancer risks, then one would expect cancer rates to be higher in Benton County (where people drink Willamette River water) than in Multnomah County (where the majority of the population drinks Bull Run water). In fact the opposite is the case. Benton County has one a arc Ko eKdocr%Ke Argotors of the very lowest ope,meelr to 011a em [4d%tJ / ~ cancer rates in Oregon, . 'rot while Multnomah Af IlieoK6er,rA.-A ur County has one of the eoKBarriK~ wattr~ro~r t,4a very highest cancer rates in the state. (Oregon Health Division, Cancer in Oregon, 1996.) The greatest risk factors for cancer are tobacco use, alcohol use, genetics and workplace exposure to carcinogens - not tap water. eatcaaeerratrt They reached this conclusion by exposing human endocrine receptors to Willamette River water taken from the point where the intake for a treatment plant would be located and then looking for evidence of endocrine disruptors binding to the receptors. In other words, rather than looking for specific chemicals, Drs. Byrd and Zacharewski looked for evidence that anything might be present that would act as an endocrine disruptor. Nothing was found. And this is an extremely sensitive test, capable of detecting reactions at concentrations of 'YMccoP40 to GflS'XI t,6 Imelei less than 20 parts per total's 44,f W 4f 4 %K Fr l'i~14 trillion. t n ~&11,o aK oa&4-eEcddil XV4f/,r Drs. Byrd and 61e, ~v/l~anetL`a Bi1e~-. Al Zacharewski thus concluded that "disruption of estrogenic systems is not of concern for humans consuming water from the Willamette River." 4. DIOXIN Dioxin is scary stuff. Or at least the word generates a lot of fear. Dioxin is the name given to a family of chemicals whose basic structure consists of two molecular rings of carbon atoms connected by two oxygen atoms. Some dioxins are created when chlorine mixes with organic substances, as in the bleaching process formerly used by pulp and paper mills. One of the scariest chlorinated dioxins is called 2, 3, 7, 8 tetrachlorodibenzo-p-dioxin (or TCDD) which is a waste product of materials used in production of two pesticides and in the production of hexachlorophene, an antibacterial agent. TCDD is also produced in the incomplete combustion of numerous materials. It decomposes rapidly in sunlight but tends to be persistent for up to ten years in soil layers not exposed to sunlight. -8- According to the Oregon Health Division, all of us are exposed to dioxin at very low levels ("background levels") every day. But 98% of that exposure is from food, 2% is from air and less than one-tenth of 1% is from water. Staff has been unable to substantiate the claim that there is no threshold for any amount of dioxin. Here is what the EPA actuelly has to say about dioxin: "While dioxin has been shown to be toxic to certain lab animals, evidence is lacking that it has serious long-term effects on humans. The public's perception has been largely based upon information reported on toxic effects found in lab animals. People tend to relate these effects to humans and begin to fear them. Once fear has been created, it is hard to dispel." (EPA, Envirormiental Educational Series - Volume III; Solid and Hazardous Waste, 1992) In 1994, the EPA appointed a Scientific Advisory Board composed of 42 scientists, academics, government researchers and industry representatives, to review the EPA's Dioxin Exposure and Health Effects Documents. This Board found that while human effects from dioxin (and like compound) exposure occur at levels closer to background than previously estimated. "The conclusion that dioxin and related compounds are likely to present a cancer hazard to humans at exposure levels within one or two orders of magnitude above 109 background is not well-supported by the existing human epidemiologic database." (EPA Science Advisory Board, Dioxin Assessment Review, May 15-16,1995.) Finally, we came across this tidbit: In 1992-95, the US. Geological Survey conducted a comprehensive study of dioxin levels in Northwestern Oregon. This report: looked for 27 varieties of dioxins and furans. One of :he test sites was in the Willamette River near Newberg, and another test site was Fir Creek in the Bull Run wastershed. The tests showed the total dioxin levels at both sites are below background levels and the most toxic dioxin (2, 3, 7, 8 - TCDD) was below the USGS detection limit. But the level of total dioxins was higher in Fir Creek in the Bull Run watershed than it was in the Willamette River (USGS Dioxins and Furans in Bed Sediments and Fish Tissue of the Willamette Basin, 1998). 5. DETECTION LIMITS We keep hearing that Montgomery Watson used tests that weren't sensitive enough or that the US. Geological Survey consistently found contaminants 7 re wc,.a36aAwlcabde&o&dat that Montgomery AAet&ree. 41oae o 1 t/cc 36 ,,Ae wiaa1e Watson didn't wine de,&o erl/r f~4e wrairBGerr O~t,~e because the USGS a used more sensitive tests. Montgomery Watson labs did in fact use a different testing method with higher detection limits than the USGS lab methods. That explains why on occasion USGS detected chemicals at trace levels that were below the Montgomery Watson lab's detection limit. Like the Oregon Health Division, the City of Portland, and state-of-the-art commercial labs, Montgomery Watson used EPA-approved drinking water monitoring methods. These are designed to test for compliance with EPA drinking water standards. The monitoring done by USGS involved academic research methodologies which are not approved by EPA for drinking water monitoring standards. But what did the USGS actually find? The USGS looked for 86 chemicals in each of 95 separate tests of the Willamette River and its tributaries. There were 36 chemicals detected at least once. None of the 36 chemicals were detected in the mainstem of the Willamette River. (US. Geological Survey, Distribution of Dissolved Pesticides and Other Water Quality Constituents.in Sma11 Streams and their Relation to Land Use in the Willamette River Basin, 1997) In a separate study, the USGS tested the mainstem of the Willamette River near Newberg for 224 chemicals in the river water and bed sediments. Only 17 chemicals were detected, all of them at levels below safe drinking water standards. The ozone/GAC process at the proposed Willamette water treatment plant would remove all 17 of these chemicals - plus all of the other chemicals that were not even detected. Want to learn more? Participate in the Public Hearing: ~k April 13, 7 p.m. Town Hall, City Council Meeting -9- AGENDA ITEM # LO FOR AGENDA OF March 16. 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Discussion of Park !Wrovement Funding Alternatives. PREPARED BY: Wayne DEPT HEAD OK CITY MGR OK lA& ISSUE BEFORE THE COUNCIL What options does the City Council have to fund park improvements set forth in the Park Master Plan? STAFF RECOMMENDATION N/A INFORMATION SUMMARY Outline of Discussion of funding alternatives 1. Park Master Plan projects and Timeline 2. Current Funding Sources • Park System Development Charges e Park User Fees o General Fund 3. Potential Funding Sources Local Option Levy • Bond Issue e Combination of Funding Sources VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY FISCAL NOTES Bond issue or Local Option Levy would require voter approval. Agenda Item No. Meeting i~ CD CD wJ• n t~ INC IC 0 C4 CD CA Cr s O=A O Na O 0 Ll V_ CD CD l~ J v J 1 MMA • ~a CD a ~d CD cr N~ h~ ~ ``IC INC lot 4 CD IWO 0 0 0 0 r°P 00 ~e ® ®O e C) \C o 9Y 0 e Mee'd e Q r a r-a tJl G~ 0 0 F-► N tit ® . 0 ® N c~ ® W W O t~ 0 0 ~ O ® ~ va O V ® 0 O O 0 0 ® ® ® ® 0 0 O ® 0 ® 0 O 98/99 00/01 '02/03 '04105 D CD C O CD E C bd 0 CU C) 0 cr ®'Y rvs 4 CD b 0 ITI :s va O C7 ® ® ® ® 0 6momw eAd n 1 C® CD CD C C l~ CD ~ . CD Cn O E7 O C C7 CCDP~ CD CD CA CD ® CD C.~ CD o C:) CD ® P P~ . cn C~ CD e~ CD 00 C a cr cn CD p. Ma . 0 CD CD CD q pMMA . CA C~ CD r~l CD CIA CD rn o•0 CD C~A CD CD CD CD C~ CD C'D 0 r-~ O O 0 AGENDA ITEM # / FOR AGENDA OF 3-16-99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Discussion: Determine the Level of SWnort for a Program of Community Events. PREPARED BY: Cathy Wheatley DEPT HEAD OK U~ T" - CITY MGR OK Vtw3r- ISSUE BEFORE THE COUNCIL Discussion of tlae Council Goal: Determine the Level of Support for a Program of Community Events. STAFF RECOMMENDATION After discussion, determine the parameters of this Council goal and direct staff to develop policy and action steps toward implementing the goal. INFORMATION SUMMARY As referenced above, this topic is a Council goal for this year. In addition, this goal was identified as an Action Planning Item by the Visioning Action Planning Task Force - Community Character and Quality of Life. The Visioning Goal was to: Develop an overall approach for sponsoring community events that establishes balances among popular or traditional standing events, requests for support of new events and limited City resources. The Visioning Strategies were: 1. Develop a philosophy on event sponsorship. 2. Develop an understandable, step-by-step process to assist event volunteers. Both these strategies are identified for completion in 1999. The Council, in 1997, discussed a policy on City Participation and Contributions for events. The Council agreed to the outline for event sponsorship as outlined in the October 21, 1997, staff report which was to: Consider sponsorship of an event because the event serves one or more of these purposes: a. Provide events for Tigard citizens to enjoy; b. To showcase the City to residents and others; c. To provide an opportunity for non-profit organizations to raise money through an event. A copy of the minutes and staff report from the October 21, 1997, Council meeting are attached. A Budget Subcommittee for Events was identified at a Council meeting earlier this year. On the Council Liaison Matrix, it lists all of the Council as members to this subcommittee. OTHER ALTERNATIVES CONSIDERED VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEUY Vision Task Force Goal is outlined in the Information Summary above. FISCAL NOTES Events are sponsored by the City to various degrees. The discussion by Council should include direction with regard to City contributions for events. I:\ADM\CATHY\000NCIL\SUMMARY SHEET - CITY EVENTS.DOC.DOT Councilor Scheckla asked several questions on mitigation in this situation. Mr. Hendryx said that the Code gave specific exemption to removal of trees in a forest tree deferral wood lot. Dick Bewersdorff, Planning Manager, explained that the Tree Ordinance Task Force had specifically excluded tax deferred woodlots because of testimony from people who had set them aside to harvest for funds to send their children to college. The owners of this lot intended to harvest the timber before selling the lot to developers. A developer going through the subdivision process would have to mitigate for those trees. Mr. Monahan said that tonight staff expected neighbors at the meeting to report to the Council on the CIT discussion. He reported that neighbors have requested staff to make a commitment to do whatever they could to make sure that neighborhoods were protected from erosion. Staff wanted this situation to have the least impact possible but with the understanding that the trees would be cut down. Councilor Hunt mentioned the erosion problems that resulted from the steep slope of the hill of the Renaissance Summit development. Councilor Scheckla asked if they would have a problem with mudslides on Bull Mountain. Mr. Monahan said that they hoped to avoid that. > City Events: Policy Discussion on City Participation and Contributions Mr. Monahan referenced the memo on the costs to the City for the Balloon Festival, broken down by department detailing costs that would have been incurred anyway and special costs. It also included the Fourth of July costs which were very limited. He pointed out that the Balloon Festival was growing so fast that it was a new event every year. Mr. Monahan suggested requiring special events and social agencies to give the City more advance notice of what their proposals would be prior to the budget process and assigning a staff person as the contact person for the event or agency. This staff person would identify all the potential costs so that staff could include a real cost by department into the budget process. If Council wanted to, they could set an amount for the event, and staff would know that they had to limit expenses to that amount. With sufficient notice, the special event or agencies could make decisions on their programs or try to find alternative funding. Ed Wegner, Public Works Director, reviewed the staff work at the Festival, agreeing that it did impact his department most of all. He pointed out the positive attitude of staff towards the Festival, despite the extensive overtime required. He mentioned that the soccer fields were scheduled to be shut down after the Festival regardless. He said that staff worked Sunday and Monday to finish cleaning up. He noted the help provided by the carnival and food vendors in making it easy for them to pick up trash. Bruce Ellis, Event Coordinator, had arranged for the contractors to retrieve all the rented equipment. Councilor Scheckla asked if there were items that the City could have the Festival pay for, such as extra trash pickups. Mr. Monahan said that was an item for discussion. He explained that last year the Festival did not have any surplus revenue; however, this year it appears that there was profit. He advised that Mr. Ellis had indicated willingness in the past to help finance any needed post-event field repair. Mr. Wegner commented that eventually the Festival would "top out" where the City would have to limit the number of balloons. Mayor Nicoli asked about using volunteers to assist City staff. Mr. Wegner said they would have more success asking volunteers (such as the Boy Scouts) to help with the set up than TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 3 with the clean up. He pointed out that school was still in session during the week prior to the Festival. Councilor Rohlf asked if they would see an adjustment to the budget. Mr. Monahan said no, because all the costs were within last year's budget. Councilor Hunt expressed concern with the extra money being spent without the Council knowing it was being expended. Mr. Monahan said that it had been a surprise to staff who had not realized the crowd the Festival would draw until they "saw the cars coming." He said that the year before had not reflected these dollar amounts but possibly staff was now doing a better job of reporting the costs. Mr. Monahan said that the information this year would help staff in their discussions with the Balloon Festival organizers. He said that there was not an expectation on the Festival's part that the City would support the event to the point where the Festival retained all profits without assisting the City with some of the expenses incurred. Councilor Hunt asked if there was a way to measure the economic value the Festival brought to the business community of Tigard. Mayor Nicoli said that the nonprofits could tell the City how much money they made (which he thought was roughly around $30,000). He said that he was certain that with 10,000 to 15,000 people coming into the town for a three day event, there was money going into the business community. Councilor Hunt asked who authorized the nonprofits that operated at the Festival. Mr. Monahan said that the Festival did. He reported that Mr. Ellis told him that he tried to restrict it to Tigard based non-profits only. The City's only input has been questions about traffic, insurance and neighborhood impact. He said that if the Council felt it was important to know how much money the non-profits made, he thought that Mr. Ellis would be willing to share that information with them. Mayor Nicoli pointed out that the non-profits reinvested the money into the community. The Festival fed the social service structure of the City in one way or another. Mr. Monahan reported that he informed Mr. Ellis that the report in the Oregonian regarding the Council discussion on the Festival did not accurately reflect the tone of the Council. The Council was simply curious, not critical. Councilor Moore asked that a discussion on a special events policy include what the intent of the City was in sponsoring events. Was it to showcase the City or to provide an opportunity for non-profits to raise money? Councilor Rohlf suggested a workshop on those issues. Councilor Moore asked for information on what other communities spent on their big events. He expressed concern that the Festival might move elsewhere due to lack of space at Cook Park. The Council discussed when to schedule the discussion. They agreed on the October workshop. Staff would invite Mr. Ellis to the study session prior to the workshop. > National League of Cities Conference - Distribute Information > Agenda Review TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 4 AGENDA ITEM # FOR AGENDA OF I D Q1 147 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE City Support of Community Events PREPARED BY: William A. Monahan DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Council has requested that a policy discussion take place on the level of City participation and contributions to special City events, such as the Tigard Festival of Balloons. On August 12, 1997, Council discussed the issue and requested a workshop to discuss: What is the City's intent when it sponsors an event; that is, is it to provide events for our citizens, showcase the City, or provide an opportunity for non-profits to raise money? STAID RECOMMENDATION Staff recommends that Council discus the 1997 event with Bruce Ellis, Event Coordinator. Also, plans for 1998 need to move ahead. Council should discuss what the City's role should be in special City events, both from a financial continent and a resource commitment. INFORMATION SUMMARY Tigard has benefited from several annual events sponsored by non-profits and supported by the City. The Tigard Festival of Balloons is the largest annual event. The City Council has requested that a discussion be held to better define the City's role and contributions in such events. Specifically, Council wishes to discuss: What is the City's intent when it sponsors an event? Is the City choosing to sponsor an event because the event serves one or more of these purposes: a. To provide events for Tigard citizens to enjoy; b. To showcase the City to residents and others; C. To provide an opportunity for non-profit organizations to raise money through an event. Bruce Ellis, Event Coordinator for the Tigard Festival of Balloons, has been invited to discuss his event and the Council's policy issues. OTHER ALTERNATIVES CONSIDERED Continue to review special event funding at the Budget Committee without further review of the City policy. FISCAL NOTES . he City has contributed to special City events to various degrees. The discussion to be held by Council could lead to either a limit or City contribution, a commitment that the City receive a portion of future event process, or some other direction that either adds to or decreases City cost. i:`citywide\sum\ctymnt.dx MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council r FROM: William A. Monahan, City Manag DATE: October 14, 1997 SUBJECT: Special City Events Discussion On August 12, 1997, Council discussed City events during the Study Session portion of the Council meeting. Council suggested that Bruce Ellis, Event Coordinator for the Tigard Festival of Balloons, be invited to the October Study Session meeting to discuss the City's sponsorship of future City events. Attached is an August 6, 1997 memo which I wrote, describing the tally of special event costs related to the June, 1997 Tigard Festival of Balloons. Within that memo I raised several policy questions. Also attached are minutes of the Study Session discussion on August 12. At the conclusion of the Study Session, Council suggested that the following issues be discussed at the October meeting. What is the City's intent when it sponsors an event? Is the City's sponsorship given because the event serves one or more of the following purposes: a. To provide events for Tigard citizens to enjoy; b. To showcase the City to residents and others; C. To provide an opportunity for non-profit organizations to raise money through an event? In prior years, the City's contribution to events such as the Balloon Festival included both allocation of resources from existing budgets, as well as special appropriations. For instance, Memo to Council October 14, 1997 Page Two in the case of the Balloon Festival, City Administration, Police, Public Works, and Engineering all devoted some regular staff time to helping plan for and coordinate the event. In addition, special costs were incurred by the Public Works and Police Department, primarily overtime and other costs to assist in crowd control, clean-up, and making transportation to and from the event as smooth as possible. The City Council has raised questions about the staff budgets for participation in the event. Staff needs direction on the limit of City participation and financial support for future events. Whatever direction Council arrives at, staff will implement in 1998 events. Staff will review requests for funding from special event coordinators and prepare estimates of the City contribution required to support the event. It is important that staff and Council agree to the limits of City participation. Discussion of the Council policy and intent will be very beneficial to staff, Council and citizens. It is also important that clear direction be given to special event coordinators, such as Mr. Ellis, so that the planning of such events be completed in advance of the event dates. Mr. Ellis has acknowledged that he will attend the Council meeting. Cathy Wheatley, Icon Goodpaster, and Ed Wegner, our key staff contacts for the event, will also attend. WAM\jh attachments i:%ad m%W1M 01497.4.doc MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council ZT~' FROM: William A. Monahan, City Manager DATE: August 6, 1997 SUBJECT: Special Event Costs During the Study Session preceding the Council meeting of July 8, 1997, Council briefly discussed my July 2 memo which presented Festival of Balloon costs for 1997. Council directed that a general discussion be held at a future meeting. Time has set aside at the August 12 Study Session for the discussion. After that discussion takes place, Council suggested that it would be appropriate to have a discussion of Festival costs with Bruce Ellis, the event organizer. The July 2, 1997 memo presented a breakdown of expenses for City departments involved in the event. Some departments incurred special expenses and/or overtime costs. Council asked that staff review the costs and separate those costs incurred only for special events from costs which would have been incurred anyway. (That is, regular shifts, seasonal repairs to the parks, etc.) The costs shown in the July 2 memo and the breakout of special and regular costs is as follows: Engineering ZUI,v 2 Memo 696.03 Regular 696.03 Special 0 Public Works 28,604.42 9,666.64 18,937.78 Police 11,995.83 5,245.36 6,750.47 Administration 265.14 26.14 Q Total 41,561.42 15,873.17 25,688.25 Memo to Council August 6, 1997 Page Two Therefore, the total estimated cost to the City was $41,561.42. Of this total, $15,873.17 was labor and materials which would have been expended, even if the event was not held. The remaining $25,688.25 was spent only because the Festival of Balloons was held. Public Works expenditures on the Festival included: Public Works expenditures on the Festival included: $15,066.73 for 569.75 hours of labor $2,727.70 of material costs $1,143.35 of outside contractor cost (electrician) Of the 569.75 hours, the major expenses were related to: Field surveying (flagging for wetlands buffer and parking lot set-up) 83 Stage set-up and take-down 123 Sign making, set-up, take-down 51.75 Conelbarricade set-up and pick-up 24 Festival clean-up 236 Material costs for Public Works were: Sign material for 65 signs* $1,922.80 Steel for sign stands 187.50 Rock roadway 017.00 Total $2,727.70 *The signs can be used in future years for the event. An electrician was hired to address a need that developed during the event. Electrical power was needed by the food vendors and other Festival staff. Police costs directly related to the event were -m ewhai offset by 708 hours of volunteer help provided by our Police Reserves, State Troopers, m..d Reserves from Beaverton, King City, Sherwood, Tualatin, and West Linn. The Pacific Northwest Search and Rescue Squad also contributed time to the event. Memo to Council August 6, 1997 Page Three In contrast to the Festival of Balloons, the 4th of July celebration has maintained a consistent series of activities over the past ten years. The event continues to require the same services from the City that it has for years, such as: 1. Police assistance and traffic control 2. Public Works assistance in digging a trench for fireworks canisters 3. Insurance riders to cover the pyrotechnic operator Costs associated with this year's event were: Police - $1,093 (18 regular hours and* 14.5 overtime hours) Public Works - $388.50 for overtime (above the holiday pay which those employees who worked were already entitled to). Other assistance was provided during regular business hours as the City arranged for event insurance and obtained 36 hours of volunteer assistance by the Police Reserves. Council expressed some concerns about the amount of the City contribution to the Festival of Balloons. In the past, special events have been granted City financing through the budgeting process. During the most recent budget cycle, staff provided the Council and citizen members of the Budget Committee with estimates of the additional contributions made by the City to events and social service agencies in the prior year. As events grow, in number, size of crowds, and in need for City involvement, the cost to the City could grow unless some controls are put in place. The fine line between an event being "City sponsored" and "City run" at times becomes difficult to determine. During the course of an event, a City official may be put in the position of making a judgment call that either incurs cost for the City or deflects cost to event organizers. It would be very helpful to establish some policies for application at future events. Memo to Council August , 1997 Page Four Staff has identified several policy issues for discussion by Council. Once preliminary direction is given, staff can prepare a set of policies for use in guiding City involvement in future events, while controlling the level of contribution. 1. What is the level of City contribution to a "City-sponsored event?" 2. When and how should the City level of involvement be set? 3. Should the City set a "budget" of funds to be earmarked for the event with Department Heads authorized to expend up to that amount? That is, if Police have within their budget an amount of $6,000 set aside for the Festival of Balloons above and beyond the contribution of regularly-paid staff time, can the department expend up to that amount for any reasonable means of supporting the event (overtime, cost to replace supplies used, etc.?) 4. Should City contributions to events be requested by event organizers during the budget process? For example, should an organizer submit a request which details a proposal which is all inclusive for: A. Financial contributions (i.e., cash to be used by the organizers). B. City staff commitments, both assignment of employees and overtime to help set up, police, or clean up after an event. C. Expected expenses such as physical improvements to facilities to accommodate the event, (i.e., running electrical service to a location for stage events) materials to be putrchased for the event (i.e., gravel to create a new access way or parking lot). 5. Should events be expected to always require a City contribution or is there a point that events are expected to be self sufficient; i.e., operate on their own without City contribution and/or reimburse the City for costs incurred to support the event? 6. If an event has the means to generate revenue, (such as for parking on City land) should the City have the opportunity to recover some or all of the revenue to offset City costs? Memo to City Council August 6, 1997 Page Five 7. Should the City capitalize on special events and devise fund raising methods to recover some or all of City contributions? Staff will be prepared to discuss fees, policy questions and others at the Study Session portion of the August 12 Council meeting. WAM1jh L\ad=\bano-i.doc Counui m;n~.Ps~ ~~~a(~~ Mr. Monahan asked if Council concurred with the staff work to create an environment of communication with those citizens who had concerns while not issuing a permit until they were: sure of compliance with all regulations. He said that staff was trying not to make pronnises that they could save something that they could not save. Councilor Scheckla asked several questions on mitigation in this situation. Mr. Hendryx said that the Code gave specific exemption to removal of trees in a forest tree deferral wood lot. Dick Bewersdorff, Planning Manager, explained that the Tree Ordinance Task Force had specifically excluded tax deferred woodlots because of testimony from people who had set them aside to harvest for funds to send their children to college. The owners of this lot intended to harvest the timber before selling the lot to developers. A developer going through the subdivision process would have to mitigate for those trees. idly. Monahan said that tonight staff expected neighbors at the meeting to report to the Council on the CIT discussion. He reported that neighbors have requested staff to make a commitment to do whatever they could to make sure that neighborhoods were protected from erosion. Staff wetted this situation to have the least impact possible but with the understanding that the trees would be cut down. Councilor Hunt mentioned the erosion problems that resulted from the steep slope of the hill of the Renaissance Summit development. Councilor Scheckla asked if they would have a pro ountain. Mr. Monahan said that they hoped to avoid that. > City Events: Policy Discussion on City Participation and Contributrons Mr- Monahan reference a memo o e costs o' a Ct o e oo esfival, broken down by department detailing costs that would have been incurred anyway and special costs. It also included the Fourth of July costs which were very limited. He pointed out that the Balloon Festival was growing so fast that it was a new event every year. Mr- Monahari suggested requiring special events and social agencies to give the City more advance notice of what their proposals would be prior to the budget process and assigning a staff person as the contact person for the event or agency. This staff person would identify all the potential costs so that staff could include a real cost by department into the budget process. If Council wanted to, they could set an amount for the event, and staff would know that they had to limit expenses to that amount. With sufficient notice, the special event or agencies could make decisions on their programs or try to find alternative funding. Ed Wegner, Public Works Director, reviewed the staff work at the Festival, agreeing that it did impact his department most of all. He pointed out the positive attitude of staff towards the Festival, despite the extensive overtime required. He mentioned that the soccer fields were scheduled to be shut down after the Festival regardless. He said that staff worked Sunday and Monday to finish cleaning up. He noted the help provided by the carnival and food vendors in making it easy for them to pick up trash. Bruce Ellis, Event Coordinator, had arranged for the contractors to retrieve all the rented equipment. Councilor Scheckla asked if there were items that the City could have the Festival pay for, such as extra trash pickups. Mr. Monahan said that was an item fbr discussion. He explained that last year the Festival did not have any surplus revenue; however, this year it appears that TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE' there was profit. He advised that Mr. Ellis had indicated willingness in the past to help finance any needed post-event field repair. Mr. Wegner commented that eventually the Festival would "top out" where the City would have to limit the number of balloons. Mayor Nicoli asked about using volunteers to assist City staff. Mr. Wegner said they would have more success asking volunteers (such as the Boy Scouts) to help with the set up than with the clean up. He pointed out that school was still in session during the week prior to the Festival. Councilor Rohlf asked if they would see an adjustment to the budget. Mr. Monahan said no, because all the costs were within last year's budget. Councilor Hunt expressed concern with the extra money being spent without the Council knowing it was being expended. Mr. Monahan said that it had been a surprise to staff who had not realized the crowd the Festival would draw until they "saw the cars coming." He said that the year before had not reflected these dollar amounts but possibly staff was now doing a better job of reporting the costs. Mr. Monahan said that the information this year would help staff in their discussions with the Balloon Festival organizers. He said that there was not an expectation on the Festival's part that the City would support the event to the point where the Festival retained all-profits without assisting the City with some of the expenses incurred. Councilor Hunt asked if there was a way to measure the economic value the Festival brought to the business community of Tigard. Mayor Nicoli said that the nonprofits could tell the City how much money they made (which he thought was roughly around $30,000). He said that he was certain that with 10,000 to 15,000 people coming into the town for a three day event, there was money going into the business community. Councilor Hunt asked who authorized the nonprofits that operated at the Festival. Mr. Monahan said that the Festival did. He reported that Mr. Ellis told him that he tried to restrict it to Tigard based non profits only. The City's only input has been questions about traffic, insurance and neighborhood impact. He said that if the Council felt it was important to know how much money the non-profits made, he thought that Mr. Ellis would be willing to share that information with them. Mayor Nicoli pointed out that the non-profits reinvested the money into the community. The Festival fed the social s.rvice structure of the City in one way or another. Mr. Monahan reported that he informed Mr. Ellis that the report in the Oregonian regarding the Council discussion on the Festival did not accurately reflect-the tone of the Council. The Council was simply curious, not critical.. Councilor Moore asked that a discussion on a special events policy include what the intent of the City was in sponsoring events. Was it to showcase the City or to provide an opportunity for non-profits to raise money? Councilor Rohlf suggested a workshop on those issues. Councilor Moore asked for information on what other communities spent on their big events. TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 4 He expressed concern that the Festival might move elsewhere due to lack of space at Cook Park The Council discussed when to schedule the discussion. They agreed on the October workshop. Staff would invite Mr. Ellis to the study session prior to the workshop. > National League of Cities Conference - Distribute Information > Agenda Review • Mr. Hendryx reported that the County reached tentative agreement with Jerry Cache today to purchase the properties for the Greenspaces program. • Mr. Monahan explained that staff selected the second lowest bidder on the Menlor Reservoir project because the lowest bidder had difficulties with his subcontractors' bid. The second lowest bidder's offer was within the engineer's estimate. • Mr. Monahan noted an agenda change: the monopole discussion will occur before the business agenda. • Councilor Scheckla asked for an update on the Rite Center. 1. BUSINESS MEETING Call to Order - City Council & Local Contract Review Board Mayor Nicoli called the business meeting to order at 7:35 p.m. • Council Communications/Liaison Reports • Call to Council- and Staff for Non-Agenda Items Mr. Monahan noted the Council discussion on whether or not to call up CUP 97-0004, the AT&T monopole tower, and the Rite Center update. 2. PRESENTATION: APPRECIATION ACI{NOWLEDGNIENT FOR KATHY DAVIS, LIBRARY DIRECTOR AND CITY ENIPLOYEE FOR OVER 21 YEARS On behalf of the Council, Mayor Nicoli thanked Kathy Davis for her excellent work as Library Director and presented her with an Award of Appreciation plaque. Ms. Davis presented the Council with ajar of honey from her business, Mountain Home Apiary, which was moving to LaGrande. 2A. DISCUSSION: CALL-UP CONSIDERATION - AT&T CUP 97-0004 Mr. Monahan mentioned that the appeal deadline date for this land use application was August 18. Mr. Hendryx noted the receipt of a petition today requesting the Council to call up this application. Mayor Nicoli opened up the meeting to public comment. Spencer Vail, AT&T Wireless Services, asked that the Council not call this up application. He argued that the appeal process already in place should be used, rather than the Council initiating appeals on behalf of the people, losing the appeal fee and establishing a precedent. TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 12, 1997 - PAGE 5 October 14, 1997 Bruce Ellis 14396 SW Tewkesbury Drive Tigard, OR 97224 Re: October 21, 1997 Council Discussion Dear Bruce: Cathy Wheatley has advised me that you do plan to attend the City Council Study Session meeting of October ~i, 1997. I look forward to your input as the Council discusses its policy on sponsorship of special City events. Enclosed for your information is a copy of my memo to Council, and attachments regarding this Council agenda item. As you review the minutes from the August 12, 1997 meeting, you will note issues raised by Council. I expect that the following questions will be asked of you at the upcoming meeting. 1. Can you provide the Council with the final figures on the festival costs and revenue for the 1997 event? 2. Do you propose to share any profits from the 1997 event (and future events) with the City? 3. Can you tell us what each non-profit involved in the 1997 event earned from the event? 4. Do you have any ideas how the City may offset expenses which it incurs to support the event? 5. Have you developed plans for dealing with transportation questions for the upcoming event? 6. Do you have any major changes planned for the 1998 event? i 1 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 MD (503) 684-2772 Letter to Bruce Ellis October 14, 1997 Page Two The City staff would like to meet with you in the very near future to begin planning for the 1998 event. Staff would like to hear your plans for activities over the event weekend, so they may begin formulating action plans for delivery of City service during that time. I expect that the Council discussion will give us a clearer idea of what the City's level of participation will be, and limitations that will be placed on our budget. As in prior years, the transportation question will be among the most important issues requiring attention. I look forward to your participation in the October 21 Council discussion. Sincerel , William A. Monahan City Manager WAM\jh attachments kWM%bMI014V-1dW AGENDA ITEM # q FOR AGENDA OF i- I Vim- 2 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Discussion of City Procedures on TMRorary Signs PREPARED BY: Bill Monahan DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City continue to regulate temporary signs as it has or should the procedures be modified? STAFF RECOMMENDATION Staff suggests that Council review the procedures and provide direction to staff whether changes should be made to the system. INFORMATION SUMMARY Council discussed the City's regulation of temporary signs in October and November 1998. Code Enforcement staff has reviewed questions raised by Council and would like to revise City procedures along the lines of recently enacted ordinances in the City of Lake Oswego. OTHER ALTERNATIVES CONSIDERED Take no action. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY An Action Plan identified by the Community Character and Quality of Life Action Planning Committee was to address signs in the goal area of Community Aesthetics: Revisit the Sign Code - Enforcement and Regulations. FISCAL NOTES None at this time. \\TIG333\USR\DEPTS\NDM\CATHY\COUNCIL\SUMMARY SHEET - TEMPORARY SIGNS.DOC.DOT MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: William Monahan DATE: March 9, 1999 SUBJECT: Temporary Signs On October 20, and November 10, 1998, Council discussed the City's approach to policing temporary signs. At the close of the meeting of November 10, 1998, Councilor Hunt asked me to put this issue on the agenda within the next couple months. At that time, Councilor Hunt spoke of creating an ordinance that allows the City to pick up and destroy any signs in the City rights of way. His concern is that the City has been spending quite a bit of time and effort to police temporary signs. However, those who place signs in the right of way are able to retrieve their signs without penalty. He argued that the cost of losing signs was a sufficient penalty to encourage people to be more careful about where they place their signs. Over the last couple of months, the staff has conferred with the City Attorney's office on options available to the City to create an ordinance giving the City the ability to dispose of signs which are illegally placed in the right of way. In addition, the staff has consulted with out City Prosecutor, Larry Blake, and has reviewed the procedures followed by other communities. One approach which is of interest to the Code Enforcement Staff is that employed by the City of Lake Oswego. Lake Oswego has a temporary sign collection and retrieval policy which could be adapted to Tigard's needs. Councilor Hunt has requested that discussion be held on March 16, 1999 regarding the status of the staff's efforts. Community Development staff will be available at that time to discuss our existing ordinance, existing procedure .to enforce the temporary sign provisions and options available to us. As in the past, the Springtime is the season when Code Enforcement Staff are most challenged by the introduction of a large number and variety of signs pertaining to garage sales, real estate sales, weight loss, special weekend sales, and other assorted purposes. Another issue to consider is the placement of political signs in the public right of way. Today is election day for the 1999 School District Elections. During the past few weeks, there have been some issues related to placement of political signs, however, we expect that within the next two weeks all political signs will be removed from the right of way and adjacent properties by candidates. If Council would like us to revise the City's enforcement policy on signs in the rights of way, prior to the next election, it would be appropriate to begin the process of ordinance and/or policy revision now. Attached for your information are the following: 1) Minutes of the Council discussion of October 20, 1998. 2) Minutes of the City Council meeting of November 10, 1998. 3) Memo from the City Attorney dated November 13, 1998, pertaining to political signs in the right of way. 4) ,r:,.~mo from Matt Scheidegger, City Code Enforcement Officer, pertaining to his efforts since November to evaluate other alternatives to Sign Code Enforcement. 5) Copy of Lake Oswego City Manager's office memorandum of December 10, 1998, pertaining to temporary sign collection and retrieval policy of the City of Lake Oswego. 6) Sections from Chapter 18.780 of the Tigard Municipal Code pertaining to signs, namely: a) Definition of temporary signs. b) Section 18.780.070-Certain signs prohibited, including signs in the right of way (K) c) Section 18.780.100-Temporary signs 9. COUNCIL. LIAISON REPOR'T'S 10. NON-AGENDA I'T'EMS Mr. Monahan reviewed staffs process for handling political or other signs located within the public right-of-way. He reported that Washington County has advertised a new process where County staff removed any illegal signs and disposed of them promptly, not allowing citizens to pick them up at a holding area. He mentioned the County's new sign policy of charging up to a $50 fine to pick up an illegal sign removed from the right-of-way and stored for 30 days at Jackson Quarry. He commented that the County was not yet using the advertised policy. Mr. Monahan presented a resolution and order under consideration by the County Board that listed the same reasons that the City had for addressing the sign proliferation problem: aesthetic clutter, safety promotion, protection of property owners from clutter, an increasing number of complaints, and the burden on staff in collecting the signs and holding them. Mr. Monahan suggested modifying the City sign code to include a penalty provision for placing signs in the right-of-way. He said that currently the City cited individuals for a civil infraction and took them to court, a process that the staff felt was unproductive. He noted the County's zero tolerance policy. Councilor Scheckla expressed concern at the use of Public Works staff to take down signs when their time could be better used elsewhere. Mr. Monahan mentioned the tremendous job Mr. Wegner's staff did in reducing sign clutter, even during the political season. He noted the work of Matt Scheidegger, the Code Enforcement Officer, in working on this problem also. Councilor Rohlf commented that he thought that they were making a lot of fuss over a problem that came around for only a few weeks and then went away. He spoke to developing a citation for those who left their political signs up after the election was over. Mr. Monahan said that they did have a provision in the Code to address that situation which worked pretty well. Councilor Rohlf spoke to continuing to educate the public that they had the right to pull down signs in the right-of-way, and noticing the candidates that if they did not pick up their signs after a reasonable time, the City would fine them. Councilor Scheckla asked how citizens would know what was or was not right-of-way. Mayor Nicoli agreed that that was the problem, recounting an anecdote from his campaign in which a supporter placed signs on the median on Pacific Highway because he thought that it was not public right-of-way since it was not the roadway. He said that he had no problem with the current staff process to handle the issue, and that he was uncomfortable with the County's process. He suggested waiting to see what happened with the County's process before they made any changes. CITY COUNCIL MEETING MINUTES -OCTOBER 20, 1998 - PAGE 19 1. ice' Mr. Monahan reviewed how the Public Works staff dealt with removing political signs from the right-of-way while at the same time educating the property owners about the issue. He stated that they could not prohibit political signs because they could not regulate content. He suggested that staff continue with its current process for handling political signs while waiting to see what happened at the County. e The Council considered Agenda Item 7 at this time. 11. ADJOURNMENT: 10:59 P.M. Attest: Mayor, City of Tigard Date: 1AADM\CATHY\CCM\981020.D0C Catherine Wheatley, City Recorder CITY COUNCIL MEETING MINUTES -OCTOBER 20, 1998 - PAGE 20 8. NON-AGENDA ITEMS Reimbursement to Councilor Rohlf Motion by Councilor Hunt, seconded by Councilor Moore, that the City reimburse Councilor Rohlf for the amount of the bill for the legal services in the challenge to the Ethics Commission. Motion was approved by unanimous voice vote of Council present. (Councilors Hunt, Moore, Mayor Nicoli, and Scheckla voted "yes." Councilor Rohlf abstained.) Councilor Scheckla mentioned that the a banner for Measure 34-87 on Gaarde Sweet has not yet been taken down, as was the case with other political signs. Mr. Wegner explained that the candidates or political action committees had 10 days from the election date to remove their signs. Staff would do a sweep through the city on Friday to pick up left over signs. Councilor Scheckla commented that there was no penalty for leaving the signs up. He said that if they could not penalize them, then they might as well take the law off the books. Councilor Hunt asked Mr. Monahan to put this issue on the agenda within the next month or two. He spoke to creating an ordinance that allowed the City to pick up and destroy any signs in the City right-of-ways. He argued that the cost of losing the signs was sufficient penalty to encourage people to be more careful about where they placed their signs. Mr. Monahan said that they would do so. He asked if Councilor Hunt wanted to go in the direction of the County ordinance. Councilor Hunt said no. Mr. Monahan said that staff would check with the City Attorney's office to see what the City's rights were in this situation. 9. EXECUTIVE SESSION The Tigard City Council went into Executive Session at 10:01 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. 9. ADJOURNMENT: 11:10 p.m. Attest: Catherine Wheatley, City Recorder Mayor, City of Tigard Date: I:\ADM\CATHY\CCM\981110. DOC CITY COUNCIL MEETING MINUTES - NOVEMBER 10, 1998 - PAGE 16 O'DONNELL RAMIS CREW CORRIGAN & ATTORNEYS AT LAW 1727 N.W. Hoyt Street Portland, Oregon 97209 (503) 222-4402 (gym ~OV 16 1998 f MEMORANDUM TO: Tigard City Council FROM: James M. Cole n, City Attorney's Office DATE: November 13, 1998 RE: Political Signs in the Public Right of Way Pursuant to your request, our office has looked at the issue of removal and destruction of political signs left in the right of way. Following is a discussion of this issue. Tigard Municipal Code Section 18.114.060.B.1 provides that signs shall not be placed on utility poles or in the public right of way". The Code provides certain exemptions from the requirements placed on signs, but no exemption allows signs in the public right of way. (See also: §18.114.070.C). Signs in violation of the Code may be removed pursuant to § 18.114.120. Subsection A provides that: "all signs erected after the effective date of this title, which are in violation of any provisions of this ordinance, shall be removed or brought into conformance upon written notice by the Director." If the owner of the sign fails to comply with the written order, the Director may then cite the owner into court pursuant to Chapters 18.24 and 1.16 of the Code. The City may abate the Code violaticn by appropriate proceeding as specified in § 18.24.060 and § 1.16.305. The Code is silent regarding destruction of signs that have been removed by the City. However, Chapter 2.52 of the Code provides a process for abandoned, found, seized and stolen property. This Chapter does apply to political signs found abandoned in the public right of way and removed by the City. Specifically, Memorandum re: Political Signs in the Public Fight of Way November 13, 1998 Page 2 §2.52.060 states that "this chapter shall apply to all personal property, except motor vehicles, now or herder in the custody of the City of Tigard." The process found in Chapter 2.52 allows the property owner to reclaim the property, and if not reclaimed, allows the City to sell the property. If an owner seeks to reclain: the signs the City may require payment of any charges and expenses incurred in the storage, preservation and custody of the property. These provisions do not allow the City to destroy the signs. The Code is silent as to what the City may do with the signs, if not sold. However, if property is K:1rplus and of no value to the City, the City may, after going through the process found in Chapter 2.52, dispose of the signs. Please call with any questions. cc: William A. Monahan, City Manager Timothy V. Ramis jm&-- ni/90024/signinrow.me1 FEN-01-99 MON 02:03 PM CITY OF LAKE OSWEGO. FAX NO. 503 635 0269 _ N. 02 CITY MANAGER'S OFFICE MEMORANDUM TO: Current Planning Division Les Youngbar, Chief, Police Department Doane Cline, Director, Maintenance Services Julee Reynolds, Street Superintendent, Maintenance Services Evan Boone, Deputy City Attorney FROM: Douglas J. Schmitz, City Manager SUBJECT: Temporary Sign Collection & Retrieval Policy DA'T'E: December 10, 1998 1. BACKGROUND The Sian Code (Chapter 47) was enacted to protect the health, safety, property, and welfare of the public, as well as provide a neat, clean, orderly, and attractive appearance of the community. In addition, the Sign Code is intended to prevent proliferation of signs, and.to minimize adverse visual safety factors to travelers. 11. SIGN COLLECTION A. Public Right of Way The Sign Code provides that "no temporary sign shall extend into or over the public right-of-way of any street." LOC 47.08.300(A)(2)(a). Staff will continue efforts to collect temporary signs placed in the public right of way. However, staff will not remove signs that arc questionable as to whether located on private property, such signs will remain in place and staff may use other enforcement methods to address a violation (Notice of Civil Infraction, etc.). Staff will use the following guidelines to determine when a sign is located in the public right of way (these are guidelines only. not an actual definition of public right of way): 1) Water meters; utility boxes; utility polesloverhanging wires; 2) Traffic signals; traffic signs; street lights; fire hydrants; 3) Road islandsnandscape islands; 4) Planting beds on the street side of sidewalks; 5) Sidewalks and streets unless posted as private; S) Property pins noting the edge of the public right away; and 7) Any other legally defined property line known by staff to denote the location of the public right of way. FEB-01-99 MON 02;03 PM CITY OF LAKE OSWEGO FAX NO, 503 635 0269 P.03 Please note that the guidelines for determining the location of the public right of way may not be accurate in all instances. Ultimately, staff will need to exercise judgement in determining when it is questionable where the edge of the public right of way is, and in those instances, obtain a definitive line. B. Sign Ph21950 aDh Before each sign is removed, staff will take a photograph of the sign and note the date and location of the sign on the photograph if a Polaroid is taken, otherwise after the photograph is developed this information should be noted on the photograph. Polaroid, digital or regular photograph developing will all work. Staff should submit all photographs to Janice Benn, Planning Senior Secretary. C. Sim As each sign is removed, staff will enter data into a "Temporary Sign Collection Log" as noted below (Log Attached). Staff must hand-deliver. email or fax new. log sheets to Janice Benn, Planning Senior Secretary by 10:00 am the day following sign collection or Monday for signs collected on the weekend. The log sheets will be maintained in a binder stored at the Planning Counter. 1) Date; 2) Location - approximate address (ex: sidewalk of A Ave. & State St.); 3) Notable Features - (ex: "Sue Gold, Prudential, 543-1234", "Sale", etc.); 4) Notice Address - to remain blank until/if a notice is sent; and 5) Retrieval Fee - to remain blank until the $20 retrieval fee is paid. D. Date and Location of Removal As each sign is removed, the removal date and location of the sign should be documented on tape with permanent marker and attached to the sign. E. Sign Storage Signs should be brought to the maintenance yard and placed near the Police Evidence Building where the signs will be stored. After the 30 days has lapsed from the date noted on each sign, maintenance staff will dispose of the signs. F. Notice Janice Benn, Planning Senior Secretary will prepare a notice postcard for each owner, if discernible from the sign (ex: Sue Gold, Prudential, 543-1234). She will use the data in the "Notable Features" of the Log to disceni who/where to send the notice. For the above example, she will call (543-1234) to request the address for Sue Gold, and mail out a notice postcard. (Notice Postcard Attached). :'II. SIGN RETRIEVAL A. Verification Planning staff will work with individuals to review the Temporary Sign Collection Log to determine if staff removed the sign within the past 30 days. FEB-01-99 MON 0204 PM CITY OF LAKE OSWEGO FAX NO, 503 635 0269 P.04 B. Retrieval Pee If a sign was removed by the city within the past 30 days, the individual must present proof of ownership of the sign and pay a $20 retrieval fee per sign (sign retrieval fee approved by City Council). The fee should be entered into account #406 - Misc. Planning Pees. It is important to provide the individual with a receipt for the payment. If the 30 days has passed, but Maintenance has not disposed the sign, an exceptio:: should be made to allow the owner to pay the retrieval fee and retrieve the sign. C. Sign Retrieval from Maintenance After the retrieval fee is paid, the individual will call maintenance at 6350280 to schedule a date and time during business hours (7:30 mm - 4:00 pm) to pick up the sign. The individual should provide maintenance staff with adequate information to retrieve the sign from storage. Maintenance staff will be available from 2:30 pm - 3:30 pm each regular workday to retrieve signs from storage. At maintenance, the individual should present the receipt to demonstrate that the sign retrieval fee was paid. Walk-ins will not be accepted. If the individual does not have a receipt, direct them to the Planning Div, to pay the retrieval fee. D. Hearing _before a Hearing Examiner The owner may request a hearing before a Hearing Examiner (Tom Coffee) to contest the sign removal. To request a hearing, the owner must file an application and pay a $20 hearing fee at the Planning Div. within 15 days of the sign removal (Temporary Sign Removal Request for a Hearing Application Attached). The hearing fee is refundable if the Hearing Examiner finds that the sign was removed improperly. Planning Div. Staff will schedule the Hearing and provide the owner with a Notice stating the date, time, location, etc. of the Hearing (Temporary Sign Removal Hearing Notice Attached). At the hearing, testimony and evidence begins with -the owner, followed by the City, and concludes with rebuttal by the owner. After the evidence has been provided, the Hearing Examiner will close testimony and issue a decision. The Hearings Examiner will follow up with a written decision that states the facts of the case and an analysis of the decision. '(V. INFORMATION RESOURCES A. Sign Code /Downtown Redevelopment District Design Standard (Title 23.= Copies of both are available from the Planning Div. The Sign Code regulates temporary and permanent signs in the city, whereas Title 23.000 regulates permanent signs in the "EC" zone of the city. B. TeMnorary Sign Collection/ Temporary Sign Retrieval Handout The handout provides information about why the city collects temporary signs from the public right of way, as well as, the steps to retrieve a temporary sign collected by the city (Handout Attached). 90 'd 6920 9£9 £05 'ON Xdd 003MSO DV I d0 All O Wd 90:20 NOW 66-10-838 FEB-01-99 MON 02:0'1 NM CITY OF LAKE; OSWE:GO FAX NO. 503 63b U288 F. U1 wt TEMPORARY SIGN REMOVAL REQUEST FOR A HEARING ~we+ R NAME COMP.?-,NY Ac.;S DDRS_ Cam: -----STATE ZIP PHONE.- STATES ENT OF SIGN MUM -OWNER'S AGENT* Hearing No. Hearing Fee ($20). (Refundable if sign found to have beer, removed improperly) NAME COMPANY ADDRESS CITY STAFF- ZjP PHONE "Attach documentation to evidence the authority to act as the owner's agent in making this Request for a Hearing. EVIUECE TO BE PRESENTED - Owner requests a hearing to retrieve a sign, because it is alleged to not be in violation of Lake Oswego Code or other applicable law, as follows; LS.DAYS REQUEST DEADLINE - This hearing request must be fled within IS days of the date the sign was removed. Owner's.'Agent's Signature Date STAFF "WILL COMPLETE-' THE FOLLOWING. ~~rasaaw:v~ur~ at n 1nIormaUon rApplication Date Removal Date 1 L.- --I Hearing Date 11 Receivr By i = Time Hearing • Fee ($20) Features Notable Location Receipt 40. Sign Removed Per T5 g LOC Examin er FEB-01-9['9~ MON 02::0~~5~~ PM CITY OF LAKE OSWEGO FAX NO. 503 63b 0269 F. Ub WA L (-)bS4 -(W .FE8-01-99 MON 02:08 PM CITY OF LAKE OSWEGO FAX NO. 503 63b 0269 F.U8 COMMUNM DEVELOt'MEW DEPARTMENT Temporary Sign Removal Nearing Notice On the , day of ,1998, at _ am/pm, in the , City Hall, 380 "A" Avenue, Lake Oswego, the City Manager or designee as a Hearing Examiner will hold a hearing to determine whether to impose the $20 retrieval fee as a condition to the release of the sign or return the applicant's sign without a $20 retrieval fee and refund the $20 hearing fee. Owner/Agent: Location of Sign before Removal: Notable Features of Sign: Nature of Request: The agnlicant is reguesting a tempprary sic-,n removal hearing Conduct of the Hearing: The Hearing Examiner will open the hearing and describe the heating procedures. Testimony and evidence begins with applicant, followed by City, and concludes with rebuttal by the applicant. After the evidence has been provided, the Hearing Examiner will close testimony and issue a decision. The Hearing Examiner's decision will be a final decision. To reschedule the hearing, please contact at 635-0290. Date Notice was issued (Mailingdn Person) to Owner/Agent: FE6-01-99 MON 02:08 PM CITY OF LAKE OSWEGO FAX NO. 503 635 0269 P. 09 ~-lo..:.}t;~- Ct~oKrnaal~ u d~1~-~idt~t c~s~o In~d~ , siytall.~' lh 4pe,~ si~e~ Y ;y Si C0Hectl® The ;,Jty's Sign Code provides that 1W no irmporary sign shall extend into or over : fie public right-of-way of any strea." LOC 47.08.300(A)(2)(a). City staff will collect temporary signs place' in the public right of way in an eMr* o protect the health, safety, prope>:,y, and welfare of the public while•Minimizing adverse visual safety factor •to travelers. These efforts also help P';ovide a neat, clean, orderly, and awractive appearance of the community. LOC 47.03.010. Signs placed in the public right of way are subject to removal (weekdays and weeker;ds) and/or a Notice of Civil Infraction, citation, and fine. LOC 4-?.03.025(1)(A). Please c::,nlact the Planning Div. at 635-02%] with any questions about the Sign.z;ode (Chapter 47). Sign Retrieval To retrieve your temporary sign, please follow these steps: At the Planning Div., 3`' Floor, City Hall, 380 "A" Avenue, Lake Oswego, review the "Temporary Sign Collection Log" to determine if the city removed your sign within the past 30 days. 2. If the City removed your sign, present proof of ownership of the sign and pay a $20 retrieval fee per sign at the Planning Div. Retain your receipt! 3. After the retrieval fee is paid, contact the Maintenance Dept at 635-0280 to schedule a pick-up date and time during business hours (7:30 AM - 4:00 PM), to assure your sign is available from storage when you arrive, 4. At the Maintenance Dept., 5705 Jean Road, Lake Oswego, present your receipt for $20 in exchange for your sign. Walk-ins are not accepted- AFTER 30 DAYS, YOUR SIGN WILL BE DISPOSED OF AND CANNOT BE RETURNED. Please contact the Planning Div. at 635-0290 with any questions about the Sign Code (Chapter 47). 42. "Reader-board sign" means any sign with changeable copy or a message, except electronic information signs; 43. "Roof line" means the top edge of a roof or building parapet, whichever is higher; excluding any cupolas, chimneys or other minor projections; 44. "Roof sign" means a sign erected fully upon or directly above a roof line or parapet of a building or stricture. Exceptions: include approved temporary balloons, signs attached to existing architectural features and flush mounted "roof' signs; 45. "Rotating, revolving or moving sign" means any sign, or portion of a sign, which moves in any manner; 46. "Shopping center" means developments of not less than eight business units; 47. "Shopping plaza" means developments of between two and seven business units; 48. "Sign" means materials placed or constructed primarily to convey a message or other display and which can be viewed from a right-of-way, another property or from the air; 49. "Sign structure" means any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not be an integral part of a building; 50. "Structural alteration" means modification of the size, shape or height of a sign stricture. Also includes replacement of sign structure materials with other than comparable materials, for example metal parts replacing wood parts; 51. "Surface street" means a street which does not have limited access and which is not a freeway or expressway; 52. "Temporary sign" means any sign, "A" board frame, banner, lawn sign or balloon which is not permanently erected or permanently affixed to any sign structure, sign tower, the ground or a building: a. Balloon - an inflatable, stationary temporary sign anchored by some means to a structure or the ground. Includes simple children's balloons, hot and cold air balloons, blimps and other dirigibles; b. Banner - a sign made of fabric or other nonrigid material with no enclosing framework; c. Lawn Sign - a freestanding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18.760.060 B2. can be met. 53. "Tenant Sign" means a sign placed in control of a current tenant or property owner, 54. "Uniform Building Code" means the most recent structural and specialty Oregon Uniform Building Code as adopted by the Oregon Department of Commerce, and which Uniform Building Code, by this reference, is incorporated in this title to the extent of specific citations thereof in this title; Signs 18.780-5 1M26198 C. Exceptions. The sign permit provisions of this section shall not apply to repair, maintenance or change of copy on the same sign (including, but not limited to the changing of a message on a sign specifically designed and permitted for the use of changeable copy), or unlawfully erected or maintained signs. 18.780.070 Certain Signs Prohibited A. Prohibited disolay of flags and banners. it is a violation of this chapter to erect or maintain strings of pennants, banners or streamers, festoons of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons and similar devices of carnival character. Exceptions include: 1. National, state and institutional flags properly displayed; 2. Signs and banners approved as temporary signs; and 3. Balloons as allowed in Subsection 18.780.090C. B. Unsafe signs or improperly maintained signs. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other requirements as specified in the Uniform Building Code or this title. C. Signs at intersections. No sign shall be erected at intersections of any streets in such a manner as to materially obstruct free and clear vision. All signs shall be consistent with Chapter 18.795 of this title: 1. No sign shall be erected at any location where, by reason of the position, shape or color, that interferes with, obstructs the view of, or could be confused with any authorized traffic signal or device; and 2. No sign shall be erected which makes use of the word "stop," "look," "danger," or any other similar word, phrase, symbol, or character in such manner as is reasonably likely to interfere with, mislead or confuse motorists. D. Obscenity. No sign shall bear or contain statements, words or pictures in which the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex or is patently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material which is utterly without redeeming social value. E. Traffic obstructing signs. No sign or sign structure shall be constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire. F. Bare light bulbs. Strings of bare lights shall not be constructed, erected, or maintained within view of any private or public street or right-of-way except if designed as part of a structure's architectural design. This subsection shall not apply to lighting displays as described in Subsection 18.114.070.A.2. signs 18.780-9 11126198 G. Roof signs. Roof signs of any kind are prohibited, including temporary signs with the sole exception of approved temporary balloons. H. Revolving signs. Revolving, rotating or moving signs of any kind are prohibited. 1. Flashing signs. A sign which displays flashing or intermittent or sequential light, or lights of changing degrees or intensity, with each interval in the cycle lasting two seconds or less. Exposed reflective type bulbs, strobe ".ights, rotary beacons, par spots, zip lights, or similar devices shall be prohibited. J. Temporary signs with illumination or changeable copy. A sign not permanently erected or affixed to any sign structure, sign tower or building which is an electrical or internally illuminated sign or a sign with changeable message characteristics. K. Right-of-way. Signs in the public right-of-way in whole or in part, except signs legally erected for informational purposes by or on behalf of a government agency. L. Signs on a vehicle. Any sign placed on or painted on a motor vehicle or trailer, as defined by ORS Chapter 801, with the primary purpose of providing a sign not otherwise allowed for by this chapter. M. Billboards. Billboards are prohibited. 18.780.080 Sign Illumination A. Surface brightness. The surface brightness of any sign shall not exceed that produced by the diffused output obtained from 800 milliampere fluorescent light sources spaced not closer than eight inches, center on center. B. No exposed incandescent lamps. Any exposed incandescent lamp which exceeds 25 watts shall not be used on the exterior surface of any sign so as to expose the face of such bulb or lamp to any public street or public right-of-way with the exception of electronic information signs. 18.178.085 Sign Measurement A. Proiecting and freestanding signs. 1. The area of a freestanding or projecting sign shall include all sign faces counted in calculating its area. Regardless of the number of sign cabinets or sign faces, the total allowable area shall not be exceeded; 2. The area of the sign shall be measured as follows if the sign is composed of one or more individual cabinets or sides: a. The area around and enclosing the perimeter of each cabinet, sign face or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing and decorative roofing, provided there is no written advertising copy, symbols or logos on such embellishments; b. If the sign is composed of more than two sign cabinets, sign facia or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single, continuous geometric figure shall be the area of the sign. Pole covers and other embellishments shall not signs 1&780-10 11126198 5. All Code provisions applicable to wall signs shall also be applicable to this type of sign. H. Painted Wall Signs. 1. Wall signs, including symbols or logos, which are painted directly onto the wall surface shall not exceed in gross wall area that percentage normally allowed for a wall sign in that zoning district; however, the vertical dimension of the sign cannot exceed 20 percent of the height of the wall. 18.780.100 'T'emporary Signs A. Authorization. The Director shall be empowered to authorize temporary signs not exempted by Section 18.780.060 by means of a T3ye I procedure, as governed by Section 18.390, using approval criteria contained in Section 18.385. The Director shall attach such conditions to the issuance of a permit for a temporary sign as may be necessary to ensure discontinuance of the use of the sign in accordance with the terms of the authorization, and to ensure substantial compliance with the purpose of this title. B. Expiration. 1. A temporary sign permit shall terminate within 30 days from the date of issuance; and 2. No permit shall be issued for a period longer than 30 days, but a permit may be reissued by the Director for two additional permit periods of 30 days each per calendar year. C. Types and locations. Types and locations of temporary signs shall be as follows: 1. The total number of temporary signs shall not exceed one for any use at any one period of time; such signs are not permitted for single-family and duplex dwellings; 2. The total area of a temporary sign shall not exceed 24 square feet and no more than 12 square feet per face; such signs are not permitted for single-family and duplex dwellings. The permitted area for a banner shall be no more than 24 square feet per face with the total sign area not to exceed 24 square feet; 3. See Subsection 18.780.015 C52.for the types of temporary signs which may be approved; 4. Special event banners to be hung across public right-of-ways may be permitted by the City Manager's designee; 5. A balloon as provided in Subsection 18.780.090C. D. Location. The location of a temporary sign shall be as approved by the Director. E. Attachment. Temporary signs may not be permanently attached to the ground, buildings or other structures. 18.780.110 Nonconforming Signs A. AanlicabiliV. For the purposes of this chapter, non-conforming signs will be defined as follows: Signs 1& 780-14 111261'98 1. Except as provided in this chapter, signs in existence on March 20, 1978, in accordance with Ordinance Nos. 77-89 and 78-16, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, shall be regarded as nonconforming signs which may be continued until March 20, 1988; 2. Signs in existence on January 11, 1971, which do not conform to the provisions of this chapter, but which were constructed, erected or maintained in compliance with all previous regulations, were regarded as nonconforming signs and could be continued for a period of 10 years from January 11, 1971. All such signs which were not brought into compliance with the standards in Ordinance Nos. 77-89 and 78-16 and the extensions granted, are now in violation of this chapter; 3. Signs located on premises annexed into the City after January 11, 1971, which do not comply with the provisions of this chapter, shall be brought into compliance with this chapter within a period of ten years after the effective date of the annexation; 4. Any sign which is structurally altered, relocated or replaced shall immediately be brought into compliance with all of the provisions of this chapter, except the repairing and restoration of a sign on site or away from the site to a safe condition. Any part of a sign or sign structure for normal maintenance shall be permitted without loss of nonconforming status. B. Restrictions. For purposes of this title, a sign face or message change shall be subject to the following provisions: 1. A sign face or message change on a nonconforming sign is not allowed as an alteration when the affected property and sign structure have been abandoned for greater than 90 days; 2. A sign face or message change shall be allowed as an alteration only for existing conforming signs and for nonconforming signs prior to their amortization expiration date; and 3. No sign permit shall be required for allowable sign face or message changes. C. Reconstruction. Should a nonconforming sign or sign structure or nonconforming portion of structure be destroyed or repaired by any means to an extent of more than 50% of its replacement cost, it shall not be reconstructed except in conformity with the provisions of this title. D. Requirements for conformance. 1. Signs in existence on the effective date of this chapter which do not comply with provisions regulating flashing signs; use of par spotlights or rotating beacons; rotating and revolving signs; flags, banners, streamers, or strings of lights, or temporary or incidental signs; shall be made to conform within 90 days from the effective date of this chapter, Billboard signs in existence on the effective date of this title which do not comply with the provisions of Subsection 18.114.090.A shall be permitted to remain along Highway 99W only until June 10, 1998, at which time such signs shall be brought into conformity. 18.780.120 Sign Removal Provisions: Nonconforming and Abandoned Signs A. Conformance required. All signs erected after the effective date of this title, which are in violation of any provisions of this ordinance, shall be removed or brought into conformance upon written notice by the Director. Signs 18.780-I5 11126198 MEMORANDUM CITY OF TIGARD, OREGON TO: City Council FROM: Mathew Scheidegger DATE: March 9,1999 SUBJECT: Sign Regulations The temporary sign problem in the City of Tigard is not just commercial business signs but political signs, garage sale signs, bennie baby signs, weight loss signs and work at home signs. Current sign regulations for the City of Tigard give people permission through a permit to have one temporary sign per use for 30 days. Temporary sign permit can be renewed twice per calendar year for a total of 90 days. The current enforcement procedures allow a business ten days to come into compliance. If a business has not come into compliance within the ten days, a summons and complaint is issued. All signs that are picked up by staff are stored over at the public works building without any guidelines as to how long to keep them, who notifies the owner, do we recycle them or do we just throw them away. Presently businesses are using techniques such as blanketing the city on the weekends and hiring people to stand on street corners with signs to wave customers in. Enforcement on these types of signs has been effective but as more and more businesses catch on to this type of advertisement, more sign placement companies flood the area. If Tigard doesn't implement a stronger sign enforcement policy, the City will continue to have problems. After researching other cities techniques, I have prepared a "Temporary Sign Collection and Retrieval Policy." The new policy establishes certain guidelines as to signs located in the public right-of-way, recording locations, sign storage, notifying property owners and establishing a retrieval fee to cover the City's collection costs. The City's attorney is currently reviewing the policy. Lake Oswego has already put a retrieval policy into effect. I spoke to Stephanie Fiereck, Code Officer for Lake Oswego, to find out what brought on the implementation of their policy. During the last revision to Lake Oswego's Fee Resolution, the City Council decided to begin charging a $20 sign retrieval fee for signs collected by the City. Ms. Fiereck didn't feel comfortable collecting the signs nor charging the fee without a City Policy as a guide. Ms. Fiereck commented that the policy is too new to say whether it is working or not. However, the signs that have been collected have not returned for display a second time. People either pay the $20 retrieval fee per sign, or they decide it is not worth it and are left without their signs. AGENDA ITEM # tD. I FOR AGENDA OF March 16, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE An Ordinance amending Title 14 of the Tigard Municipal Code to provide that fees for the building code administration progmm be established b resolution of the Ci Council. PREPARED BY: Jim HendM DEPT HEAD OK CITY MGR OK WV ISSUE BEFORE THE COUNCIL Amend Title 14 to provide that fees for the building code administration program be established by resolution of the City Council. STAFF RECOMMENDATION Adopt the attached ordinance amending Title 14. INFORMATION SUMMARY Currently, Title 14 of the Tigard Municipal Code provides that fees for administration of the electrical program are established by resolution of the City Council. This ordinance clarifies that fees for the administration of the entire building program are established by resolution of the City Council. This ordinance is a companion to the fee resolution also presented for Council consideration. OTHER ALTERNATIVES CONSIDERED None. FISCAL NOTES No fiscal impact from this ordinance. See fiscal impact discussion on the accompanying resolution. I:\citywide\cdadm\jerree\jim\gen\39tl4fee.doc AGENDA ITEM # /U FOR AGENDA OF March 16, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A resolution establishing building, plumbingmechanical electrical permit and related fees. PREPARE GR OK A)-O" D BY: Jim Hen DEPT HEAD OK A~lfo - C ISSUE BEFORE THE COUNCIL A resolution to increase fees for building code administration. STAFF RECOMMENDATION Adopt the attached resolution increasing and establishing fees for the building administration program. INFORMATION SUMMARY At the study session of February 23, 1999, the Council considered several options for fee increases for building, plumbing, mechanical, electrical permits and related fees. Staff was directed to proceed with a public hearing on the proposed fees. Council held the public hearing on March 9, 1999. At the conclusion of the hearing, Council moved that staff return to the next regularly scheduled meeting with a resolution setting those fees. The fee increases are: • Building and Mechanical: Average 51% increase effective 5/3/99. • Plumbing: Average 27% increase effective 5/3/99. • Electrical: Average 7% increase effective 5/3/99. • Miscellaneous: Several minor miscellaneous fees are adopted. Note: "Average" is used to account for rounding of numbers. Staff will complete a study on these fees determining overhead costs associated with the building administration program. Furthermore, the study will evaluate all non-building code related functions performed by the building division. The findings from the study will be presented to Council prior to further consideration of building fees. OTHER ALTERNATIVES CONSIDERED Take no action on the resolution increasing building, plumbing, mechanical, electrical permit and related fees. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable FISCAL NOTES Approval of the resolution assures future viability of the building fund. iAcitywid6sm.dot CITY OF TIGARD, OREGON RESOLUTION NO. 99- A RESOLUTION ESTABLISHING BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL PERMIT AND RELATED FEES WHEREAS, building regulatory services are solely fee supported; and WHEREAS, Subsection (c) of Section 14.04.040 and subsection (g) of Section 14.04.065 of Title 14 of Tigard Municipal Code indicates that fees for building code program administration shall be established by resolution of the City Council; and WHEREAS, Section 3.32 of the Tigard Municipal Code grants the City Council the authority to set rates for fees and charges by resolution; and WHEREAS, Tigard must assess those fees necessary to recover costs associated with the building code administration program; and WHEREAS, the Tigard City Council reviewed a cost analysis of building code administration activities on January 19, 1999 and February 23, 1999; and WHEREAS, the Tigard City Council held a public hearing on March 9, 1999 and moved that staff return to the next regularly scheduled meeting with a resolution setting building fees; and WHEREAS, the Tigard City Council directed that a study on these fees determining overhead costs associated with the building administration program be completed before future consideration of building fee increases; and WHEREAS, the Tigard City Council directed that the study be completed prior to future consideration of building fees evaluating all non-building code related functions performed by the building division; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that fees for services provided under the building code administration program shall be as follows: Effective May 3,1999: Plumbing Fees: Description: Fee: New Single-Family: 1 Bath $178.00 2 Bath 250.00 3 Bath 285.00 FIXTURES (individual) Sink 11.50 Lavatory 11.50 Tub or Tub/Shower Comb. 11.50 RESOLUTION NO. 99-- Page 1 Plumbing Fees: Description: Fee: Shower Only 11.50 Water Closet 11.50 Dishwasher 11.50 Garbage Disposal 11.50 Washing Machine 11.50 Floor Drain/Floor Sink 2" l 1.50 " 32' 11.50 4" 11.50 Water Heater 11.50 Laundry Room Tray 11.50 Urinal 11.50 Other Fixtures 15.00 Sewer - 1 st 100' 38.00 Sewer -each additional 100' 32.00 Water Service - 1st 100' 38.00 Water Service - each additional 200' 32.00 Storm & Rain Drain - 1st 100' 38.00 Storm & Rain Drain - each additional 100' 32.00 Mobile Home Space 32.00 Commercial Backflow Prevention Device or Anti-Pollution Device 32.00 Residential Backflow Prevention Device 19.00 Any Trap or Waste Not Connected to a Fixture 11.50 Catch Basin 11.50 Insp. of Existing Plumbing 50.00/hr Specially Requested Inspections 50.00/hr Rain Drain, single family dwelling 45.00 Grease Traps 11.50 Minimum Permit Fee 50.00 Minimum Permit Fee Residential Backflow 25.00 Plan Review 25% of Permit Fee Mechanical Fees: Description Fee: A) Permit Issuance Fee $16.00 1) Furnace to 100,000 BTU including ducts & vents 9.65 2) Furnace 100,000 BTU+ including ducts & vents 12.00 3) Floor Furnace including vent 9.65 4) Suspended heater, wall heater or floor mounted heater 9.65 5) Vent not included in appliance permit 4.75 6) <3HP; absorb unit to 100K BTU 9.65 7) 3-15 HP; absorb unit 100k to 500k BTU 17.65 8) 15-30 HP; absorb unit.5 -1 mil BTU 24.15 9) 30-50 HP; absorb unit 1-1.75 mil BTU 36.00 10) >50HP; absorb unit > 1.75 mil BTU 60.15 11) Air handling unit to 10,000 CFM Note: This fee does not apply to an air- 7.00 RESOLUTION NO.99 Page 2 Mechanical Fees: Description Fee: handling unit which is a portion of a factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code. 12) Air handling unit 10,000 CFM+ 11.85 13) Non-portable evaporate cooler 7.00 14) Vent fan connected to a single duct 4.75 15) Ventilation system not included in appliance permit 7.00 16) Hood served by mechanical exhaust 7.00 17) Domestic incinerators 12.00 18) Commercial or industrial type incinerator 48.25 19) Repair units 8.40 20) Wood stove 7.00 21) Clothes dryer, etc. 7.00 22) Other units 7.00 23) Gas piping one to four outlets 3.75 24) More than 4-per outlet (each) .75 25) Hazardous Process Piping System (HPP) of one to four outlets 3.75 26) Hazardous Process Piping System (HPP) of five or more outlets, per outlet .75 27) For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories, or for which no other fee is listed in the table 7.00 Minimum Permit Fee $50.00 B) Plan review 25% of Permit Fee Other Inspections and Fees: 1. Inspections outside of normal business hours (minimum charge - two hours) 2. Inspections for which no fee is specifically indicated (minimum charge - one-half hour) 3. Additional plan review required by changes, additions or revisions to plans (minimum charge - one-half hour) $50.00 per hour $50.00 each $50.00 per hour Building Fees: Valuation shall be determined by the most recent edition of "Building Valuation Data" published by the international Conference of Building Officials, using "good" construction and the Oregon modifier. Total Valuation Fee: $1.00 to $500.00 $50.00 $501.00 to $2,000 $15.50 for the first $500.00 plus $2.25 for each additional $100 or fraction thereof, to and including $2,000 ($50.00 minimum) $2,001.00 to $25,000.00 $47.75 for the first $2,000.00 plus $9.25 for each additional $1,000 or fraction thereof, to and including $25,000 $25,001.00 to $50,000.00 $261.25 for the first $25,000.00 plus $6.75 for each additional $1,000 or fraction thereof, to and including $50,000 $50,001.00 to $100,000 $431.50 for the first $50,000.00 plus $4.65 for RESOLUTION NO. 99%_ Page 3 each additional $1,000 or fraction thereof, to and including $100,000 $100,001.00 to $500,000.00 $664.00 for the first $100,000.00 plus $3.75 for each additional $1,000 or fraction thereof, to and including $500,000 $500,001.00 to $1,000,000.00 $2,144.00 for the first $500,000.00 plus $3.40 for each additional $1,000 or fraction thereof, to and including $1,000,000 001.00 and up $1 000 $3,819.00 for the first $1,000,000.00 plus $2.65 , , for each additional $1,000 or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours (minimum charge - two hours) $50.00 per hour 2. Inspections for which no fee is specifically indicated (minimum charge - one-half hour) $50.00 per hour 3. Additional plan review required by changes, additions or revisions to plans (minimum charge - one-half hour) $50.00 per hour 4. Manufactured dwelling installation $235.00 5. Manufactured dwelling and mobile home parks, recreation parks and organizational camps Fee per OAR Electrical Fees: 1. New residential, single or multi-family per dwelling unit; service included: A. 1000 square feet or less $117.75 B Each additional 500 square feet or portion thereof 26.75 . C. D. Limited energy Each manufactured home or modular dwelling service or feeder 60.00 72.75 2. Services or feeders; installation, alterations or relocation: A. 200 amps or less 64.25 50 85 B. 201 amps to 400 amps . 50 128 C. 401 amps to 600 amps . 192 50 D. 601 amps to 1000 amps . 75 363 E. Over 1000 amps or volts . 50 53 F. Reconnect only . 3. Temporary services or feeders; installation, alteration or relocation: A. 200 amps or less 53.50 80 25 B. 201 amps to 400 amps . 00 107 C. 401 amps to 600 amps . (see 2 above) D. Over 600 amps to 100 volts 4. Branch circuits; new, alteration or extension per panel: A. With purchase of service or feeder - each branch circuit 5.35 B Without purchase of service or feeder . First branch circuit 37.50 RESOLUTION NO. 99-_ Page 4 Each additional branch circuit 5.35 Miscellaneous (service or feeder not included): A. Each pump or irrigation circuit 42.75 B. Each sign or outline lighting 42.75 C. Signal circuit(s) or a limited energy panel, alteration or extension 60.00 D. Each additional inspection over the allowable in any ofthe above (min 1 hr) i) Per inspection 50.00 ii) Per hour 50.00 E. Industrial Plant Inspection $59.00 per hour including travel and office time with a minimum charge of 1 hour F. Electrical permit plan review fee: Plan review fees shall be 25 percent ofthe electrical permit fee. Cr. Minor Labels: $107.00 for ten labels. 1VlisceRaneous Fees: Description Fee: - Re-inspection: Building $50.00 Mechanical $50.00 Plumbing $50.00 Electrical $50.00 Temporary Occupancy $90.00 - Phased Occupancy $200.00 Permit or Plan Review Extension $50.00 Address Change $65.00 Research on non-current permits $45.00 per hour minimum one hour, ccharged in one hour increments Fee paid inspections for residential structures pursuant to Title 14, Chapter 16 . Single and Two Family Dwellings $100.00 Apartment Houses and Social Care Facilities $160.00, plus $7 for each dwelling unit in excess of 3 ■ Hotels $160.00, plus $5 for each dwelling unit in excess of 5 Classification. The City Council has determined that the fees imposed by this resolutio are not taxes subject to the property tax limitations of Article XI, section l lb of the Oregon Constitution PASSED: This day of - City ATTEST: City Recorder - City of Tigard RESOLUTION NO. 99-- Page 5 10.a- Venture Properties, inc. 5000 S.W. Meadows Rd. Suite 151 Lake Oswego, OR 97035 (503) 620-7538 FAX (503) 620-7485 MAR 12 X999 March 9, 1999 Tigard City Council 13125 SW Hall Blvd. Tigard, OR 97223 Dear Council Members: My name is Kelly Ritz; I am a land developer and in-house counsel for Venture Properties, Inc., the development arm of Don Morissette Homes, Inc. Although I can not be in attendance at tonight's public hearing I feel it is important that I provide you written comment, which can be entered into the record, regarding the City of Tigard's proposed fee increases. Over the past few months I have worked with the Homebuilders Association and have met with David Scott to discuss these proposed increases. Many of my concerns are contained in memorandum that Kevin Wing from the Homebuilders Association will present to you tonight. Specifically however, I believe that the proposed building permit increase of 102% over the next two (2) years is excessive. However, I do not believe that the building and development community would be opposed to a reasonable fee increase if such increase was comparable to what other local jurisdictions such as Beaverton or Washington County are currently charging and if it can be shown that such a resonable increase is necessary to sustain or improve the City's current level of service. Thank you for your careful consideration of this matter Sincerely, , Kelly Ritz AGENDA ITEM # FOR AGENDA OF 16 March 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update o City Hall and Library Window Repair Project PREPARED BY: John Roy DEPT HEAD OK L- CITY MGR OK This is provided as an informational update STAFF RECOMMENDATION N/A Currently all windows in the Library and City Hall that have been worked on by the contractor have passed the water test. There are two windows in the Library, one in the staff punch room and one in the circulation room that have not been taken out. Upon close inspection of these windows for leakage it has been determined that there are no visible signs of leakage. Considering that there has been very little dry rot or any other structural damage of any significance to any of the other windows that have been taken out it seems unnecessary to take these two windows out since there exposure is minimal. A result of the water tests on the windows though has shown that the brick and dryvit need to have a sealer applied to stop water and moisture from seeping through, as well as having the caulking seam between the brick and dryvit replaced. I am currently in the process of obtaining bids to perform this work. Onc° bids have been received I will determine if there are existing funds in the building maintenance budget to cov .~r the cost of the work. If funds are not available I will at a later date request from Council that funds either be allocated from contingency or be added to the Building Maintenance budget for FY99/2000. In water testing the gabled window on the east end of the Library Director's office we found that the flashing along the North face of this office leaks. This is out of the scope of the project that Select Contracting has contracted for although they are capable and willing to repair the flashing. It is my recommendation that the two Library windows are not pulled out and we use the credit for that to repair the flashing in the Library Director's office area. This work will also include the sheet rock repair work and office painting. If there is a cost savings as a result of this it will be returned to the City by the Contractor. Once again, I will keep the Council informed regarding the quotes for caulking and sealing of the brick and dryvit. N/A N/A The original purchase order for this project was for $85,896 and the Council authorized two change orders in the additional amount of $95,000 for a total authorized amount of $180, 896.00 As of February 28, 1999 we have incurred expenses for work completed in the amount of $104,862.01. iAciWMde\swi dot