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City Council Packet - 08/10/1999b&06 /ARIL D .A "I T®GAcon CITY COUNCIL MEETING AUGUST 10,1999 COUNCIL MEETING WILL BE TELEVISED i:ladmljoXoVktt.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 MD (503) 684-2772 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 mm. 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 rectify 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 - AUGUST 10, 1999 - PAGE 1 .1% TIGARD CITY COUNCIL MEETING AUGUST 10, 1999 AGENDA 6:30 PM STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), ex (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. Discussion: Wilsonville Withdrawal from the Metropolitan Area Communications Commission > Discussion: Review of Council Ground Rules 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8z Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 1.5 Call to Council and Staff for Non-Agenda Items > INTRODUCE FINANCE DIRECTOR CRAIG PROSSER • City Manager 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:40 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes: June 15, 22, 29, 1999 3.2 Receive and File: a) Tentative Agenda b) Council Calendar c) Expenditure of Civil Forfeiture Funds COUNCIL AGENDA - AUGUST 10, - PAGE 2 3.3 Initiate Vacation of a Portion of Main Street Right-of-Way North of Existing Roadway - Resolution No. 99--,T.c$ 3.4 Amend Resolution No. 99-18 - Correct Calculation Error in Fee Increases for Building, Plumbing, Mechanical and Electrical Permit and Related Fees - Resolution No. 99- Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:45 PM 4. UPDATE: CITY OF TIGARD YOUTH VOLUNTEERS • City Administration 7:55 PM `2-oA- l x199 - DDDL0/ S. PUBLIC HEARiN (Legislative) - TEMPORARY SIGN ORDINANCE AMENDMENT Ordinance amending Tigard Municipal Code sections 2.52.010 and 18.780.120(C) to declare signs in the public right-of-way as abandoned property and establish a retrieval fee for sign owners. a. Open Public Hearing b. Declarations or Challenges C. Summation by Staff d. Public Testimony (Proponents, Opponents) e. Recommendation by Community Development Department f. Council Questions or Comments g. Close Public Hearing h. Council Consideration: Ordinance No. 99- d-1 13 rcl i rn a Ap 8:25 PM 6. PUBLIC HEARING (Legislative) - BUILDING FEES INCREASE Adopt a new fee schedule for permits issued under the Oregon Structural Specialty Code. a. Open Public Hearing b. Declarations or Challenges C. Summation by Staff d. Public Testimony (Proponents, Opponents) e. Recommendation by Community Development Department f. Council Questions or Comments g. Close Public Hearing h. Council Consideration: Resolution No. 99-IpQ COUNCIL AGENDA - AUGUST 10, 1999 - PAGE 3 ZaA- /999 - DODOZ 8:45 PM 7. PUBLIC HEARING egislative) - COMMUNITY DEVELOPMENT CODE AMENDMENT. The City of Tigard proposes to amend the Tigard Community Development Code Chapter 18 to clarify existing code language relating to Final Decisions, Effective Dates, Appeal Requirements, Development Conformance, Standards Applicability, and Dedication and Improvements Requirements. a. Open Public Hearing b. Declarations or Challenges C. Summation by Staff d. Public Testimony (Proponents, Opponents) e. Recommendation by Community Development Department f. Council Questions or Comments g. Close Public Hearing h. Council Consideration: Ordinance No. 99-A 1k 9:00 PM 8. CITY/METRO INTERGOVERNMENTAL AGREEMENT FOR THE MANAGEMENT OF METRO-OWNED GREENSPACE PROPERTY o Community Development Department e Council Discussion Council Consideration: Motion authorizing the Mayor to sign an Intergovernmental Agreement with Metro for the development and management of a Metro-purchased 6-acre property abutting the City's 3- acre Woodard Park. 9:10 PM 9. COUNCIL LIAISON REPORTS 9:20 PM 10. NON AGENDA ITEMS 9:30 PM 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), ex (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore those present may disclose nothing from this meeting. 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. AD,OURNMENT I:\ADM\CATHY\CCA\990810. DOC COUNCIL AGENDA - AUGUST 10, - PAGE 4 Agenda Item No. -I Meeting of q b8 l4' TIGARD CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 • STUDY SESSION > Meeting was called to order at 6:30 p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton, and Ken Scheckla > Staff Present: City Manager Bill Monahan; Legal Counsel Jim Coleman; Asst. to the City Manager Liz Newton; City Recorder Catherine Wheatley; Community Development Director Jim Hendryx; Planning Director Dick Bewersdorff; Utilities Manager Mike Miller > MACC Liz Newton, Assistant to the City Manager, advised the Council that the City received a request from Wilsonville to withdraw from MACC. She said that staff intended to put a resolution accepting the withdrawal request on the August 24 consent agenda. She explained that Wilsonville gave its reason for its request as its belief that it had the resources and staff capability to oversee and enforce the franchise itself. She mentioned that the MACC Board passed a resolution encouraging the member jurisdictions to accept the withdrawal request. Councilor Scheckla asked if other jurisdictions were thinking of withdrawing from MACC. Bruce Crest, MACC Executive Director, stated that he knew of no other jurisdictions contemplating withdrawal. He commented that Sherwood and Wilsonville left for different reasons. He indicated that MACC had the resources it needed to do its job. He pointed out that Wilsonville and Sherwood combined represented only 5% of the total number of 98,000 cable subscribers. He mentioned the savings to MACC coming from not having to work for a jurisdiction. He stated that MACC was operating more efficiently on its recently reduced budget, and it would continue to do so. Councilor Scheckla asked what the procedure was for a jurisdiction wanting back in. He asked if the fight between Multnomah County and AT&T was a factor in Wilsonville leaving. Mr. Crest stated that the AT&T battle had nothing to do with Wilsonville leaving. He said that the process to rejoin MACC was the same as the process to join MACC. He confirmed that the entry or re-entry of a jurisdiction to MACC required a unanimous vote of the member jurisdictions. Councilor Scheckla asked how much money Wilsonville's departure involved. Mr. Crest said that Wilsonville would have contributed $21,103 to MACC this fiscal year and $14,350 to TVCA. Councilor Scheckla asked if Wilsonville would deal directly with TVCA or go a different route. Mr. Crest said that next week the MACC Board would hold its preliminary discussions of Wilsonville's interest in continuing with TVCA. He noted that, according to the MACC/TVCA contract, TVCA served member jurisdictions. Councilor Scheckla indicated that he had concerns with Wilsonville going with TVCA while not a member of MACC. CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 1 Ms. Newton asked the Council to provide feedback to Councilor Scheckla with regard to two issues to be discussed at the MACC Board meeting next week: the MACC contract with TVCA (and the performance standards to be included), and Wilsonville's request to contract with TVCA for cable access services. She referenced her memo listing ideas for performance standards (based on a base line service scenario), and listing concerns about Wilsonville contracting with TVCA directly. Mr. Crest pointed out that the MACC Board would not make decisions on those issues at the upcoming work session. He said that the Board would make those decisions in September. He indicated that the MACC staff wanted to gather input from the member jurisdictions and to get direction from the Board. Councilor Hunt asked Councilor Scheckla to discuss his thoughts on the issue. Councilor Scheckla said that he has not yet decided his position. He indicated that he wanted to know what the MACC jurisdictions were giving to TVCA on art individual basis. He discussed his concern that the MACC jurisdictions be protected so that they did not get into a similar situation in the future. Councilor Patton spoke to Wilsonville alone bearing any of the costs involved with a contract to TVCA. She mentioned the need for stringent fiscal controls on TVCA, including an accounting method that separated out the resources it used for Wilsonville from the resources it used for the member jurisdictions. She discussed her concern of setting a precedent if TVCA was allowed to contract with non-member jurisdictions; this may have an impact on TVCA's service to member jurisdictions. She pointed out that this sort of contract went beyond the original scope intended for TVCA by MACC. Councilor Patton emphasized that these sorts of questions needed to be answered clearly. She asked what recourse the member jurisdictions had, in the event of inappropriate use of TVCA resources by a contract jurisdiction. Mayor Nicoli spoke to allowing only a year-to-year contract. He suggested requiring Wilsonville to sign on financially for the length of an investment in major purchases of equipment or buildings. He mentioned his concern that a contract jurisdiction might pullout of a large capital investment, leaving the rest of the jurisdictions to pick up the financing. Councilor Scheckla mentioned TVCA's discussion of acquiring a building and leasing out the part that they did not use. He discussed his concern with MACC retaining control, even over any "horsetrading" deals made between TVCA and non-MACC jurisdictions. Mr. Crest commented that Patricia Dare, the new TVCA Executive Director, shared many of the Council's concerns with regard to the Wilsonville withdrawal. He reviewed the work he and Ms. Dare have done in getting clarification from Wilsonville on exactly what it wanted to do. He mentioned that the MACC staff's concerns dealt with equity issues and malting sure that an outside contract did not cost the MACC jurisdictions anything in resources or dollars. He reiterated that what happened with Wilsonville was a decision for the MACC Board. Mr. Crest pointed out that Sherwood left MACC because it did not want to use TVCA's services. He emphasized that the MACC Board had to first decide whether or not to allow TVCA to contract with outside jurisdictions, and then to decide how to set up the procedures to provide protections for its member jurisdictions and appropriate financial compensation for services. CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 2 > EXECUTIVE SESSION The Tigard City Council went into Executive Session at 6:45 p.m. under the provisions of ORS 192.660 (1)(f) and (h) to discuss exempt public records and current and pending litigation. > Executive Session adjourned at 7:39 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Nicoli called the meeting to order at 7:40 p.m. 1.2 Roll Call Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton, and Ken Scheckla were present. Cub Scout Pack #221 performed the flag ceremony and led the Council in the Pledge of Allegiance. Mayor Nicoli presented the scouts with City of Tigard lapel pins. 1.4 Council Communications: None 1.5 Call to Council and Staff for Non-Agenda Items: None > INTRODUCTION FINANCE DIRECTOR CRAIG PROSSER Bill Monahan, City Manager, introduced Craig Prosser, the new Finance Director. He reviewed his background in government finance, including his work as Metro's Financial Planning Manager and in various positions at the City of Portland. He said that Mr. Prosser would discuss potential changes to the business tax program at Council's workshop meeting next week. Mayor Nicoli welcomed Mr. Prosser and presented him with a City of Tigard lapel pin. 2. VISITOR'S AGENDA o Norman Penner, 12714 SW Woodhue St, Tigard Water District Board of Commissioners Chair Mr. Penner stated that he did not live within the Tigard city limits. He noted that Gretchen Buehner, the Tigard Water District's representative to the Intergovernmental Water Board, was also present. He said that they represented over 3,000 ratepayers within the Tigard water system. He presented a letter dated August 3, 1999, to the Council from the Tigard Water District Board regarding the potential consequences of the upcoming referendum in Tigard on long-term water sources. Mr. Penner read the letter into the record. He stated that the 1994 intergovernmental agreement between the City of Tigard, the City of Durham, the City of King City, and the Tigard Water District provided that a decision regarding a long-term water source for the system would be made by the Intergovernmental Water Board (comprised of representatives from each participating entity). He pointed out that a vote by any three members of the Board constituted a CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 3 binding majority. He observed that the Tigard Water District, the City of King City and the City of Durham each chose the Willamette River option earlier this year, as did the Intergovernmental Water Board. Mr. Penner mentioned the submittal of valid signatures by the Citizens for Safe Water in June for an initiative requiring a vote of the Tigard citizens before the City could go to the Willamette for its water source. He stated that, should the initiative pass and the voters refuse to vote for the Willamette River option, that decision would put the City in default under the IGA. He said that Tigard's failure to participate in the Willamette River option would result in damages in excess of $25 million to the Tigard Water District and its ratepayers for separation of the systems. Mr. Penner stated that, in the opinion of their legal counsel, the proposed initiative contained a number of flaws that would make it unenforceable. The Tigard Water District asked the City of Tigard to take all necessary steps to stop any barriers to proceeding with the Willamette option. He stated that, should Tigard fail to move forward with the Willamette option, the Tigard Water District would initiate legal action against the City to protect its rate payers from the results of the City of Tigard's default. 3. CONSENT AGENDA Councilor Patton asked to pull Item 3.4. Councilor Hunt asked for more explanation on Item 3.3. He asked what impact vacating this property would have on the people parking on the property. Jim Hendryx, Community Development Director, explained that the vacation gave the property to the people currently using it for parking. He pointed out that Item 3.3 initiated the vacation process (which included a public hearing at which citizens could voice any concerns). Motion by Councilor Scheckla, seconded by Councilor Hunt, to approve the Consent Agenda, pulling Item 3.4. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] 3.1 Approve Council Minutes of: June 15, 22, 29, 1999 3.2 Receive and File: a. Tentative Agenda b. Council Calendar c. Expenditure of Civil Forfeiture Funds 3.3 Initiate Vacation of a Portion of Main Street Right-of-Way North of Existing Roadway - Resolution No. 99-58 3.4 Amend Resolution No. 99-18 - Correct Calculation Error in Fee Increases for Building, Plumbing, Mechanical an Electrical Permit and Related Fees - Resolution No. 99-59 ® Consent Agenda - Items Removed for Separate Discussion 3.4 Amend Resolution No. 99-18 - Correct Calculation Error in Fee Increases for Building, Plumbing, Mechanical an Electrical Permit and Related Fees - Resolution No. 99-59 CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 4 Mr. Hendryx said that Councilor Patton had asked if this was the appropriate process to go through to make these changes, and to explain why the two tables for the two different resolutions were the same. He explained that Resolution 99-18, the fee resolution adopted by Council earlier, contained a calculation error. He indicated that this was the appropriate process to amend the original resolution. He explained that the fee structures in both resolutions drew from the same table but for different sections of the Building Code. Motion by Councilor Moore, seconded by Councilor Hunt, to adopt Resolution 99-59. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] 4. UPDATE: CIATY OF A IGARi~', YOUTH VOLUNTEERS Trish Stormont, Library Volunteer Coordinator Ms. Stormont reviewed the youth volunteer program at the library (ages 12 to 18). She mentioned that they had five parent-child teams for the children under age 12. She described the various projects and activities performed by the youth volunteers, including a project to relabel the library's 6,000 plus picture book collection, shelving books, assisting librarians with craft time and story time, checking in books and videos, sorting books, and other general maintenance jobs. She noted that the kids were competent computer users who coached other volunteers and the staff on using the computer. Ms. Stormont pointed out that the library provided teenagers with a place to learn job skills and to interact with adults in the workplace prior to entering the workforce. She said that from January to June 1999, 28 youth worked over 350 hours at the library with another nine youth signing up in July to volunteer. She mentioned that the kids volunteered for various reasons, including meeting a requirement to perform community service hours (i.e., National Honor Society, Peer Court). She commented that some of the kids stayed for years, literally growing up at the library. She described the youth volunteers as forming a bridge between the library today and the library tomorrow. Marin Younker, Adult Services Librarian Ms. Younker presented a series of slides illustrating the different tasks performed by the youth volunteers. She mentioned the Homework Program held at the library in partnership with the Tigard-Tualatin School District. She said that middle school students could take the bus to the library to do their homework and receive tutorial assistance, often provided by high school students who received credit for tutoring and mentoring. She described the Teen Idea Group, a monthly meeting where teens provided her with input on programs and materials of interest to teens. o Sheryl Huiras, Youth Services Police Officer Officer Huiras described the Tigard Police DARE camp for fourth to eighth grade kids. She said that they recruited high school students to serve as counselors for the one-week camps. She noted that they initiated the program last year with one camp for 40 kids and expanded it this year to five camps for 250 kids. She presented slides showing the various positive activities presented at the camp as alternatives to drugs and gangs. She mentioned that most of the camp counselors from last year returned this year. She introduced four counselors in attendance. She commented that the high school students were both good leaders and good friends with the kids at the camp. CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 5 Officer Huiras described the Peer Court program run solely by the students who played the roles of jury, court clerk, bailiff and attorneys. She commented that the opportunity to hear and try cases from the Police Department provided the kids with good leadership experiences and a chance to interact with first tune offenders to show them that perhaps they were not making good choices. She presented slides of the Peer Court, noting in particular the prosecuting attorney, a 12 year old who has been involved in the program for a couple of years. She noted that, out of the 280 cases tried in Peer Court, only 2% reoffended. Councilor Scheckla asked several questions regarding the DARE camp. Officer Huiras said that they held the five camps at a Tigard elementary school with 40 kids per one-week session. She said that they just finished three camps of fourth and fifth graders and they were in the middle of a sixth to eighth grade camp now. She described the application process, both to participate in the camp and to serve as a counselor. She confirmed that the camps were open to all schools in the Tigard area, including private schools. She indicated that they provided snacks and lunches, T-shirts, and two field trips along with other activities. Mr. Monahan commented that the City was not the sole-source funding for the DARE program. Officer Huiras listed donations from the Rotary Club, the Kiwanis Club, many business owners, Liz Newton, and a variety of people from all over the City. She confirmed that the Ronald McDonald House gave them a $2,500 grant. She said that the cost of a week long camp ranged from $1,500 to $2,000. Councilor Hunt pointed out that the Peer Court was open to the public. He recommended attending it to watch the excellent job done by the kids. Officer Huiras recognized Councilor Patton as a Peer Court judge. Councilor Patton stated that she has been impressed by the program. Diane Jelderks, Engineering Department Senior Administrative Specialist and CE2 Liaison Ms. Jelderks explained that "CE2" stood for "Community Education times 2." She said that it was based on the idea that it took two - the community and the school - to educate their children. She said that she has been the City's liaison to the program for the last five years, ever since she asked the City to participate in the program. Ms. Jelderks described how the program worked at City Hall. She said that the students selected a work site for 3 hours a day, four days a week, for four weeks. She described her interaction with the students on a one-on-one basis to find them work to do at City Hall. She indicated that, although most students performed clerical tasks, she had one who wanted to do manual labor and so she sent him out with the wastewater crew to dig a ditch down at Cook Park. She stated that, at the end of the four weeks, she gave the students a performance evaluation and wrote a letter of recommendation. She commented that most of the students have commented that they learned a lot about the City during their time here. Councilor Scheckla asked if Ms. Jelderks has sent any students to the Senior Center. Ms. Jelderks said that she has not used the Senior Center. She explained that the work the students did was part of their grade. She remarked that they included the CE2 program as part of the volunteer program because the students did accomplish a lot during their four-week assignment. She commented that occasionally the City has hired some of the students as part-time help. CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 6 Bryon Terry, Eagle Scout, Troop 419, Nigh School Senior Mr. Terry described the community service requirements in the Boy Scout program. He said that one out of every five people were Boy Scouts and one of 100 became Eagle Scouts. He stated that the Scouts participated actively in the community and were always available to help anyone. Susan Koepping, Volunteer Coordinator Ms. Koepping observed that the volunteer program was not her project, it was everyone's project at the City. She cited the 28 City employees who worked directly with volunteers. She mentioned a variety of projects completed by youth volunteers, including: Eagle Scouts filling over 500 sandbags last winter; cleaning up the east end of Durham Street as part of the Adopt a Street program, helping decorate City Hall for the tree lighting ceremony, cleaning and painting fire hydrants, and providing clerical support to various City departments (during the summer for the most part). She spoke of the value of the youth volunteers to the City. She asked the youth volunteers present at the meeting to stand and be acknowledged. Councilor Hunt asked what expansion plans Ms. Koepping had in mind, as stated in her recommendations. Ms. Koepping said that she would make those plans after finishing the fire hydrant project. Mr. Monahan reported that the number of volunteer hours for the library and City Hall totaled 2,100 hours with half of those hours volunteered by youth. He pointed out that the youth hours were the equivalent of one full time employee in one month. Councilor Scheckla asked if they had equal gender distribution. Ms. Koepping commented that most of the Scouts they dealt with were Boy Scouts, although they have started their first Girl Scout program. She indicated that a number of girls helped with different kinds of things. Ms. Stormont stated that the library had a good gender balance in its youth volunteers. Councilor Scheckla commended staff for the excellent volunteer program. 5. PUBLIC HEARING (Legislative) - TEMPORARY SIGN ORDINANCE AMENDMENT Ordinance amending Tigard Municipal Code sections 2.52.010 and 18.780.120(C) to declare signs in the public right-of-way as abandoned property and establish a retrieval fee for sign owners. a. Mayor Nicoli opened the public hearing. b. Declarations or Challenges: None c. Summation by Staff Matt Scheidegger, Code Enforcement Officer, gave a PowerPoint presentation on the temporary sign code program. He reviewed the Council's previous direction to staff at the March 16 and June 15 meetings. He mentioned the City Attorney's ruling that the Council could not make provisions specifically for political signs, as the sign code had to be content neutral. He reported that staff presented the revised ordinance to the Planning Commission on July 19; several people expressed concerns with seasonal signs in the public right-of-way. He reiterated that the sign code must be content neutral, and the Council could not specifically legislate with regard to seasonal signs. CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 7 Mr. Scheidegger stated that temporary signs i:;: ludcc' A-boards; banners, lawn signs and tenant signs. He reviewed the provisions of the temporary sign ordinance. He stated that the Code allowed signs on private property only and prohibited signs in the public right-of-way (unless the owner obtained a 30-day temporary sign permit). He presented slides illustrating various illegal signs. Councilor Patton asked if the City issued temporary sign permits for business/commercial but not for residential. Mr. Scheidegger said that single family residential could get a temp sign permit for an A-board. He explained that the restriction on signs in single family residential neighborhoods was intended to prevent cluttering up the neighborhoods and masking visual clearance at intersection corners. He pointed out that the Code allowed small signs for home occupations only if they were located on the dwelling itself. Mr. Hendryx commented that the home businesses in residential zones were so small that they did not impact the character of the neighborhood. Mr. Scheidegger confirmed to Councilor Patton that the Code did allow lawn signs in single family zones, such as garage sale signs on private property. Councilor Hunt asked why the ordinance indicated that the Police Department would hold the signs, instead of maintaining the current practice of the Public Works Department holding the signs. Mr. Scheidegger said that the procedure would not change; the Public Woflks Department would still hold the signs. Mr. Monahan explained that staff recatagorized illegal temporary signs as "abandoned personal property" in order to make use of the existing process (used by the police under the abandoned personal property ordinance), as opposed to developing a new process to handle the signs. Dick Bewersdorff, Planning Director, asked for Council discussion of an appropriate fee for the retrieval policy. He commented that they would not recover 100% of the costs of the program because most people did not retrieve their signs. Councilor Patton noted Councilor Hunt's suggestion at an earlier meeting to educate first time offenders with regard to the process as opposed to charging them a fee. Mr. Bewersdorff said that the Council could do that through a resolution. Councilor Patton discussed the need for the City to do a better job of educating the public on the legal placement of signs and the location of the public right-of-way. She pointed out that many people believed that the area in front of their homes was part of their personal property, not public right-of-way. Councilor Patton spoke to the need for the City to be consistent with its application of the ordinance in order to avoid the appearance of partiality. She held that consistent application and enforcement would require more staff time and resources than currently used. Mr. Bewersdorff explained that most of Mr. Scheidegger's work was one on one education with the sign owners on where to place their signs appropriately. CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 8 d. Public Testimony • Bev Fronde, 12300 SW Bull Mountain Road Ms. Froude asked the Council to hold off on acting on this ordinance until the CIT had a chance to discuss it this fall. She held that there has not been sufficient public involvement in this issue. She argued that the public should drive this issue because of the importance of signs to people. She suggested that the Council form a Task Force of the stakeholders to address the issue of temporary signs. She commented that the general public might not even know what the right-of-way was, much less where it was located. e. Staff Recommendation Mr. Bewersdorff recommended adoption of the ordinance as written. He pointed out that the ordinance did not mandate picking up new illegal signs; rather it tried to make the mechanism for picking up the signs (that have been illegal since the adoption of the sign code in 1984) work better. f. Council Questions Councilor Scheckla asked if the seasonal farm market signs were grandfathered in. Mr. Bewersdorff mentioned that some of the seasonal signs were in the State right-of-way (which did not allow them either). He said that the only way to allow seasonal signs was through selective enforcement, a policy that he did not like. He mentioned the issues of content neutrality, fairness, and interference with vision clearance and movement in the public right-of- way. Councilor Scheckla commented that the Saturday Farmers Market placed signs in the right-of- way on Hall Blvd and Greenburg/Olson. He questioned allowing these signs on the weekend while penalizing those who put them up during the week. Mr. Bewersdorff indicated that it was difficto deal with that issue ult unless Scheidegger hs staff woked on Saturdays to wok the to porary mentioned that occasionally M sign problem. Councilor Hunt asked if this ordinance would affect the farmers who put seasonal signs on their private property. Mr. Bewersdorff indicated that it would not. He confirmed to Councilor Moore that the farmers could get temporary permits for signs at $30 per sign for 30 days. He explained to Councilor Patton that single family residential did not need permits, according to the way the Code was written. Councilor Moore pointed out that this was a difficult decision because the variety of different situations clashed with the need for consistency. He spoke to maintaining consistency, even if they had to penalize a few people in order to keep the public right-of-way clear of sign clutter. He held that people could ask private property owners for permission to put signs on their property. He mentioned his irritation at the unsightly residue left on street light poles by the duct tape used to tape up signs. Councilor Hunt commented that he hpfthis temporary sign He suggested either taking the ordinance off City had not been enforcing the existing ordinance. the books completely or enforcing it. CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 9 Mayor Nicoli said that he was not that concerned with the outcome of this particular ordinance. He concurred with Ms. Froude's comments that they needed to involve more people in understanding the sign ordinance. He asked, i f they passed the ordinance, to commit part of their monthly newsletter to training the public and businesses specifically about temporary signs. g. Mayor Nicoli closed the public hearing h. Council Consideration: Ordinance No. 99-21 Motion by Councilor Hunt, seconded by Councilor Moore, to adopt Ordinance No. 99-21. T he City Recorder read the number and title of the ordinance. ORDINANCE NO. 99-21, AN ORDINANCE OF THE CITY OF TIGARD TO AMEND TIGARD MUNCIPAL CODE SECTIONS 2.52 AND 18.780.120(C). Motion failed by a majority roll call vote of the Councilors present. (Councilors Hunt and Moore voted "yes"; Mayor Nicoli, Councilors Patton and Scheckla voted "no.") [2-3] Mayor Nicoli said that they would put this back on the agenda for discussion at a later date. 6. PUBLIC HEARING (Legislative) - BUILDING FEES INCREASE Adopt a new fee schedule for permits issued under the Oregon Structural Specialty Code a. Mayor Nicoli opened the public hearing. b. Declarations or Challenges: None c. Summation by Staff Mr. Hendryx mentioned that the Building Code-related fee increases were appealed to the Oregon Building Codes Division. He stated that the Division upheld the fee increases but denied the Oregon Structural Specialty Code fee increase. He said that tonight staff proposed a 51 % increase for the Oregon Structural Specialty Code for this year with the remainder of the 89% total increase proposed for next year. Mr. Hendryx indicated that the study that the Council wanted staff to conduct on the costs of a department would be completed over the course of the year for the remaining part of the fee increase. He recognized Bob Poskin, Plans Examiner, who has done an outstanding job on pulling the study together. d. Public Testimony: None. e. Staff Recommendation Mr. Hendryx recommended adoption. C Council Questions g. Mayor Nicoli closed the public hearing CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 10 h. Council Consideration: Resolution No. 99-60 Motion by Councilor Moore, seconded by Councilor Scheclda, to adopt Resolution 99-60. The City Recorder read the number and title of the resolution. RESOLUTION 99-60, A RESOLUTION ESTABLISHING BUILDING PERMIT FEES PURSUANT TO OREGON STRUCTURAL SPECIALTY CODE SECTION 107 AS AMENDED UNDER ORS 455.020. Motion passed by unanimous voice vote of the Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") j5-01 7. PUBLIC HEARING (Legislative) - COMMUNITY DEVELOPMENT CODE AMENDMENTS The City of Tigard proposes to amend the Tigard Community Development Code Chapter 18 to clarify existing code language relating to Final Decisions, Effective Dates, Appeal Requirements, Development Conformance, Standards Applicability, and Dedication and Improvements Requirements. a. Mayor Nicoli opened the public hearing. b. Declarations or Challenges: None. c. Summation by Staff Mr. Bewersdorff stated that staff has worked with the City Attorney's office to clarify Development Code provisions dealing with a variety of issues. He said that the amendments took off from the Director's interpretation adopted by Council on July 13. He indicated that the Planning Commission recommended approval on July 19. d. Public Testimony: None e. Staff Recommendation Mr. Bewersdorff recommended approval. E Council Questions g. Mayor Nicoli closed the public hearing h. Council Consideration: Ordinance No. 99-22 Motion by Councilor Patton, seconded by Councilor Moore, to adopt Ordinance No. 99- 22. CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 11 The City Recorder read the number and title of the ordinance. ORDINANCE NO. 99-22, A ZONE ORDINANCE AMENDMENT (ZOA 1999-02) TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE BY ADOPTING CLARIFYING AMENDMENTS TO SECTIONS 18.340.020(g), 18.390.040(f), 18.390.040(g)(2)(c), 18.390.040(h), 18.390.050(g), 18.390.080(a)(1)(d), 18.620.010(b), 18.810.020(a), 18.810.020(e), 18.810.030(a), 18.810.070(a), 18.810.080(a), AND 18.810.110(a) AND (b) TO BETTER DEFINE FINAL DECISIONS, EFFECTIVE DATES, APPEAL REQUIREMENTS, DEVELOPMENT CONFORMANCE, STANDARDS APPLICABILITY, AND DEDICATION AND IMPROVEMENTS REQUIREMENTS. Motion passed by unanimous roll call vote of the Council present. (Mayor Nicoli Councilors Hunt, Moore, Patton, and Scheckla voted "yes.") [5-0] 8. CITY/METRO INTERGOVERNMENTAL AGREEMENT FOR THE MANAGEMENT OF METRO-OWNED GREENSPACE PROPERTY Mr. Hendryx stated that Metro purchased a six-acre piece of property adjacent to Woodard Park as part of the Metro Greenspaces program. He said that, in the two years since then, City staff worked with the neighbors to develop a master plan for Woodard Park and the Metro property as part of the City's Parks Master Plan update. He noted that the Council adopted the updated Parks Master Plan this year. Mr. Hendryx stated that the IGA allowed the City to implement the Woodard Park expansion. He reviewed the elements of the master plan that used the Metro Greenspace land for the park expansion. He explained that the IGA was for a 20-year period with additional 10 year periods renewed by mutual consent. He pointed out that the lengthy contract period provided the City with the assurance that they would use their improvements installed on the Metro property as a community resource for a long time. Mr. Hendryx presented a series of slides illustrating the park elements and surrounding neighborhoods of Woodard Park. He stated that the IGA did not include the house on the Metro property but it did include the red barn. He mentioned discussions of using the red barn for shelter or an activity center. He recommended approval. Councilor Hunt asked to remove the designation of an individual's name from page 6 of the IGA. He said that he preferred using a title only - Community Development Director as opposed to Jim Hendryx, Community Development Director. Motion by Councilor Hunt, seconded by Councilor Patton, to authorize the Mayor to sign the intergovernmental agreement with the correction of the deletion of the individual names. Motion passed by unanimous voice vote of the Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton, and Scheckla voted "yes.") [5-0] 9. COUNCIL LIAISON REPORTS: None. 10. NON AGENDA ITEMS o Mayor Nicoli recessed the meeting for a break at 9:02 p.m. CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 12 o Mayor Nicoli reconvened the meeting at 9:07 p.m. 11. STUDY SESSION Date: I atr LLL-1 o Mr. Monahan asked if the Councilors had any suggestions for changes to the Council groundrules. Hearing none, he said that he would bring the rules back again next July. Mr. Monahan reported that he received a call from School Superintendent Russ Joki asking if the Mayor wanted to appoint a Councilor to sit on the School District's new Bond Measure Study Committee, starting in September. He said that Mr. Joki indicated that they would extend this opportunity to all the jurisdictions in their district. The Council discussed the request. Councilor Moore volunteered to be the Council representative with Mayor Nicoli volunteering as the alternate. 12. ADJOURNMENT: 9:10 p.m. ea;t~~-PLe 0 6992~ - Attest: Catherine Wheatley, City Recorder or, City of Tigard ` 1 AADM\CATHNCCM\990810. D0C CITY COUNCIL MEETING MINUTES - AUGUST 10, 1999 - PAGE 13 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9464 BEAVERTON. OREGON 97075 Legal Notice Advertising *City of Tigard ° ❑ Tearsheet N. 13125 SIJ Hall Blvd. 7223 ° ❑ Duplicate Aft ® Tigard,Oregon 9 a a *Accounts Payable w AFFIDAVIT OF PUBLICATION Q 4 STATE OF OREGON, as COUNTY OF WASHINGTON, ) I, Kathy Snyder being first duly sworn, depose and say that 1 am the Advertising Director, or his principal clerk, of the 11 gard-T ua 1 ati n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the City Council M ing a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: August 5,1999 ZA U "ISM a'..• :,.6i. _ L7 i="~:fl.': Q~-. w ' d aaE (~.U o ~`c+ a~ ~c~. 4.5. 0 >w o° au Subscribed and sworn to e{e me this Sth clay of AUQ1LSt,1999 0 OFFICIAL SEAL ROBIN A. ttiUA0E88 N ry Public for Oregon NOTARY PUBLIC-OREGON COMMISSION NO. 052071 My Commission Expires: MY COMMISSION EXPIRES MAY 18, 2001 AFFIDAVIT COMMUNITY NEWSPAPERS, INC. Legal !4 P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9 4 5 7 f BEAVERTON, OREGON 97075 Legal Notice Advertising OCity of Tigard 131.25 SW Hall Blvd. ®Tigard,Oregon 97223 OAccounts Payable a 0 0 O Tearsheet " AFFIDAVIT OF PUBLICATION'. 'gas STATE OF OREGON, ) a~7 4 COUNTY OF YVASHINGTON, )ss' "It being first duly sworn, depose and say that I am the Advertising. Director, or his principal clerk, of theTJ gnrd-m ,a 1 nt i n mes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the Prooosed B1da.Permit Fee Increase 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: Julv 22,1999 Subscribed and sworn to My Commission Expires: AFFIDAVIT ca p V Wa 5 P.o uy b ? N QI M 006~o;o 0 O k O O ;cd u a e me this22t4d clay of Jul y,1999 ROBIN A. BtM0 ' Not Public for Oregon NOTARY PUBLIC-OREGON COMMISSION NO. 062071 MY COMMISSION EXPIRES MAY 16, 2001 CRY OF TIGAR®, OREGON AFFIMA'j!T OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington City of Tigard ) -4-hVA being first duly swam, on oath, depose and say: That 1 posted in the following public and co spicuous places a p Notice of Special Meeting for the Council Meeting dated a copy of said notice bein hereto attached and by refs nog made a part hereof on the 1e.. day of 1$%tsA - 1990L. - 1Q- Subscribed and sworn to before me this Notary Public for Oreg My Commission expires: --0a`' tZFIFICUU. SEAL DEMIER.ADAMM NOTARY PUeLIC•OREGON COMMISSION NO. 310788 AbY COUMISSION EXPIRES MAR. 22, 2002 h:\!oQln\cathy\cnffpostt CIT-sC OF TIGARD, OREGON ORDINANCE NO. 99- -2 Z A ZONE ORDINANCE AMENDMENT (ZOA 1999-00002) TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE BY ADOPTING CLARIFYING AMENDMENTS TO SECTIONS 18.340.020.G., 18.390.040.F., 18.390.040.G.2.c., 18.390.040.H., 18.390.050.6., 18.390.080.A..l.d., 18.620.010.B., 18.810.020.A., 18.810.020.E., 18.810.030.A., 18.810.070.A., 18.810.080.A. AND 18.810.110.A. & B. TO BETTER DEFINE FINAL DECISIONS, EFFECTIVE DATES, APPEAL REQUIREMENTS, DEVELOPMENT CONFORMANCE, STANDARDS APPLICABILITY, AND DEDICATION AND IMPROVEMENTS REQUIREMENTS. -VHEREAS, the City of Tigard finds it necessary to revise the Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, some of the wording in the Code could be termed ambiguous; and WHEREAS, the City of Tigard is continually evolving its response to the 1994 Supreme Court decision relating to dedication and "rough proportionality"; and WHEREAS, the City of Tigard Planning Commission held a public hearing on July 19, 1999 regarding the above listed amendments; and WHEREAS, the City of Tigard Planning Commission voted to recommend the revised Code sections shown in Exhibit "A"; and WHEREAS, the City Council held a public hearing on August 10, 1999 to consider the amendments. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: SECTION 2: SECTION 3: PASSED: APPROVED: The proposed amendments are consistent with all relevant criteria based on the facts and conclusions noted in the attached staff report (Exhibit B). The specific text amendments attached to this Ordinance are hereby adopted and approved by the City Council. This Ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. By fl C rlI MO U S vote of all Council members present after being read by number and title only, this JD e-7g' day of'1999. By Tigard City Council this !D APPROVED AS TO FORM: y tto ey ORDINANCE NO. 99-24~- Page I of I fE7Ci61 BUT A 2E)RAFT TIGARD COMMUNITY DEVELOPMENT CODE PROPOSED REVISIONS REDLE-40STRIKEOUT VERSION SECTION 1: Subsection 18.340.020.6. of the Tigard Community Development Code is amended to read as follows: G. Final decisionleffective date. The decision of the City Council on an appeal of a Director Interpretation shall be final when f uc:&NO We ti~stx it-is mailed to the applicant, r s t ac if an appeal is filec t jurisdiction. SECTION 2: Subsection 18.390.040.F. of the Tigard Community Development Code is amended to read as follows: F. Final decision and effective date. A Type II Administrative Decision is final for purposes of appeal when tar? rteci s dtI it-is mailed. A Type II Administrative Decision ? III ~S ineffective on the day after the appeal period expires, If an appeal is filed the uesS'ni<p';;;.e. SECTION 3: Subsection 18.390.040.G.2.c. of the Tigard Community Development Code is amended to read as follows: C. Appeal procedures. Type III notice and hearing procedures shall be used for all Type H Administrative Appeals, as provided in Sections 18.390.050 C-G . SECTION 4: Subsection 18.390.040.H. of the Tigard Community Development Code is amended to read as follows: H. Final decision and effective date. The decision of the Hearings Officer with regard-to any appeal of a Type II a -decision is the final decision of the City ad;Sirari.?chgain #hay natele is; na~ted puiposes ofappeal on the day the deci:*-an is mailed. The decision-is Page 1 DRAFT 1PUR e, on the day afte, - the appeal pe : " i i tiod expires uttless an appeal' is , i s - on filed. ffan aFPo~' s effective 011-IILV- SECTION 5: Subsection 18.390.050.6. of the Tigard Community Development Code is amended to read as follows: G. Final decision The decision ofthe 1"Mvie-M Authority is effective on day after the -app C 4-1 peri U %M1311 es. if an appeal is filed, t decision becomes effective on the day afte, tire appeal SECTION 6: Subsection 18.390.080.A.1.d. of the Tigard Community Development Code is amended to read as follows: d. "Effective date" means the date on which a particular action or decision may be undertaken or otherwise implemented. Page 2 Typically, an action oi de6sion will become effective on the day afte, its appeal pe6od has run or, if tit a!, on the day afte, the appeal is resolved.- DRAFT SECTION 7: Subsection 18.620.010.B. of the Tigardd [_`o ,amity Development Code is amended to read as follows: B. Development ~nformanc& All new developments, including remodeling and renovation projects resulting in Jiffi t1 ? non-single family residential use, are expected to contribute to the character and quality of the area. In addition to meeting the design standards described p. below-and other development standards required bY the a ter t developments will be puny Development and Building Codes, 10 required to: %.:i F'% f yi if},.'.i:•:::r yr Firi.: Dedicate and improve public streets, gip;:#tfary<ltt>'t! ' Y.r•• •:l..ii iiyri/ F:. r~fJ,.C%}f,.,+.:F{~:j'l,.%::!/ JFfr.liryi yli..% f!>:ji~•i ry:Jii+"S'F,.:! +r...:ry :w: i f atd(llfifilITlpf4tc~rt~,td 31]gbly Y %::r. x;r.'.::::?::yu:^:%{': ~~%%;'k7.:°,:'..:> y/.;:f::%'/.•;;s:.,.Fr •;:r •uv •.R..: ••..~rry::':• :.w~i ~.3.yF.n,::•%.•:., piapc~ftxonal•~a azt,.p~~ 4~;t~~;~ev~a~rnets~, Connect to public facilities such as sanitary sewer, water and storm drainage; and 3. Participate in funding future transportation and imnrnvement nroiects 1A within he Tigard Tria SECTION 8: Subsection 18.810.020.A. of the Tigard Community Development Code is amended to read as follows: A. When standards apply. Unless otherwise provided, thestandard specificatio.ts•forconstruction, reconstruction or repair of streets, sidewalks, curbs, and other public improvements within the hall occur in accordance with the standards of this title. No development may occur lic facilities unless the ub public .px related to development comply with the public facility requirements established in this section ArI%qutu69ic;fC~lc5 irexadfi~l. SECTION 9: Subsection t8.810.030.A. of the Tigard Community Development Code is amended to read as follows: A. Improvements. 1. No development shall occur unless the development has frontage or Page 3 DRAFT approved access to a public street. 2. 3. 4. f:ri/.., .ter;%!.; .ryr. ~.~;rr.:,~St::'.r.:i•~;prrr ^:•Fi;r~.2ff.•::'!~'f!':ir.!Y.r~r.!~~fi~c'l/'if ~"/J~:%frr..;3:: prqusdl eet imprflvemenfi; the City Engineer may accept a future improvement's guarantee in lieu of street improvements if one or more of the following conditions exist: a. A partial improvement is not feasible due to the inability to achieve property design standards; b. A partial improvement may create a potential safety hazard to motorists or pedestrians; C. Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and. the improvement associated with the project under review does not, by itself, provide a significant improvement to street safety or capacity; d. The improvement would be in conflict with an adopted capital improvement plan; e. The improvement is associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets; or f. Additional planning work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a Page 4 Any new street or additional street width planned as a portion of an existing street shall sryv~rrr ~ 1.:rf!//.HSF ,N„NIY'!!HY~ a %f'~~ ~~ar . t1tis~GOde rr ix s:;d3 t5< ! : ..wx.vrxxnvxrnrrr..wrxnvrmvnvnvxr xgvxr..v. CRAFT minor portion of the anticipated future traffic on the street. A. 7. eNeeptien to the stems` e e e "MOR In evaluating the 1i^ benefits spa.. qr~ t o , the approval authority shall consider the criteria listed in Section 18.810.030.E.1 WE i~ ECTION 10: Subsection 18.810.070.A. of the Tigard Community Development Code is amended to read as follows: A. 4- both id of Ft ial an 1 eelleeter- streets s 1, built at the time of aFee . struetion 2, On both sides of all other streets and in pedestrian easements and Page 5 impfevements to streets shall -be made aeoler-ding to adopted Gity standar-dswill result in an unaseeptable -.4-- - featuEes sush as wetlands, steep slopes eF existing ure-trr- 'DRAFT Alluftction with-de- - - . ~r--r~--.+7 and SECTION 11: Subsection 18.810.080.A. of the Tigard Community Development Code is amended to read as follows: A. Dedication Requirements Where a proposed park, playground or other public use shown in a deveiopment plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or Yii;??:{iii:v.'•.:'.<::%!'?ilNTj; ~:l:.•Un;{:;. reservation of such area within the subdivision_sarrflitlP~€:#liaffi'z± 2. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of narks M and-other nnhlir. ime. SECTION 12: Subsections 18.8 10.11 O.A. and B. of the Tigard Community Development Code are amended to read as follows: A. Bikeway extensign. Developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through dedication of easements or B. Cost of construction. Development permits issued for planned unit developments, conditional use permits, subdivisions and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvement aril Page 6 DRAFT SECTION 13: The Tigard Community Development Code is amended by adding a new subsection 18.810.020.E. to read as follows: gff\acm1900241codeamend.td 1(6/4/99) Page 7 EXHIBIT B Agenda Item: $Z Hearing Date: July 19. 1999 SECTION I: APPLICATION SUMMARY FILE NAME: CL ARiFriNG AMENDMENTS RELATNO TO FINAL DECISIONS, EFFECTIVE DATES, APPEAL REQUIREMENTS. DEVELOPMENT CONFORMANCE. STANDARDS APPLICABILITY, AND DEDICATION AND IMPROVEMENTS REQUIREMENTS. CASE: Zone Ordinance Amendment ZOA 1999-00002 PROPOSAL: The City of Tigard proposes clarification amendments to the Tigard Community Development Code language in Sections 18.340.020.G., 18.390.040.F., 18.390.040.G.2.c., -15.390.040.H., 18.390.050.G., 18.390.080.A.1.d., 18.620.010.B., 18.810.020.A., 18.810.020.E., 18.810.030.A., 18.810.070.A., 18.810.080.A: and 18.810.110.A. & B. to better define Final Decisions, Effective Dates, Appeal Requirements, Development Conformance, Standards Applicability, and Dedication and Improvements Requirements. APPLICANT: City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 OWNER: N/A ZONING DESIGNATION: LOCATION: APPLICABLE REVIEW CRITERIA: N/A Citywide Statewide Planning Goals 1, 2, 3 and 11; Tigard Comprehensive Plan Policies 1.1.1.a., 2.1.1, 2.1.3, 7 and 8; and Community Development Code Sections 18.380.020 and 18.390.060.G. SECTION II. STAFF RECOMMENDATION 7/19/99 STAFF REPORT TO THE PLANNING COMMISSION Page 1 of 3 ZOA 1999-000021CLARIFYING CODE AMENDMENTS SECTION Ili BACKGROUND INFORMATION City Staff has been working with the City Attorney's office to clarify ambiguities in Development Code language relating to public improvements, effective dates and final Oho 1-In-mAnno-O f ier decisions. It c lariliesd t -r.1Y-p ei f:e~-w uS ........................,I.r. c Ate. at '1Y-p- ---Juras as was intended and written originally. Amendments to improvement requirements and relative to dedication provide for greater assurance of compliance with Dolan. Ordinance language.as drafted by the City Attorney's office is attached. Additions are redlined and deletions shown by strikeout. SECTION IV APPLICABLE REVIEW CRITERIA The relevant criteria in this case are Statewide Planning Goals 1, 2, 3 and 11; Tigard r`nmr%rnhancivA Pinn Pnlicies 1.1.1.a.. 2.1,1. 2.1.3, 7 and 8; and Community Development Code Chapter 18.390. The proposal is consistent with the applicable Statewide Planning Goals based on the following findings: 1. Goal 1, Citizen Involvement, is met because the City has followed its adopted citizen involvement program which involved review by its Citizen Involvement Team structure, and public hearings as listed above. The City's Citizen Involvement Policies in the Comprehensive Plan have been acknowledged to be in compliance with Goal 1. Notice for all hearings was provided in the Tigard Times which summarized and outlined the amendments being made to existing code provisions and was done so for each pub!ic hearing. Copies of the ordinance drafts have been available at least seven days prior to the hearings which follows Community Development Code Procedure. 2. Goal 2, Land Use Planning, is met because the City- applied all relevant Statewide Planning Goals, City Comprehensive Plan Policies and Community Development Code requirements in review of this proposal. 3. Goal 3, Natural Features and Open Space are met because these policies call for development control of floodplains and greenway areas and these provisions provide a tool consistent with recent case law to assess the impact and need for. improvements, re§ervations and dedication that is roughly proportional to the impact of the development. 4. Goal 11, Public Facilities and Services and Goal 12 Transportation, are met because the proposed measures assist in implementing the provision of public facilities and services, and transportation facilities in a more timely, orderly and efficient manner to provide better defined levels of service improvements consistent to the impacts of those developments. 7/19/99 STAFF REPORT TO THE PLANNING COMMISSION Page 2 of 3 ZOA 1999-00002/CLARIFYING CODE AMENDMENTS The proposal is consistent with the City's acknowledged Comprehensive Plan based on the following findings: 1. Policies 1.1.1.x. and c. are satisfied because the proposed code changes are consistent with Statewide Planning Goals as indicated above and the changes help to keep the development code current with local needs and recent case law. 2. Policies 2.1.1 and 2.1.3 are satisfied because the proposal has been reviewed at public hearings and through the City's Public Involvement process. 3. The proposed changes are consistent with the provisions of Comprehensive Plan Policies 7, Public Facilities and Services and 8, Transportation which call for ensuring that as a precondition to development, developments coincide with the availability of adequate services and that development is to provide streets and right-of-way consistent with City standards. The proposed changes clarify ambiguities in existing code language that will help to assure compiiance with Doian. 4. Community Development Code Section 18.390.060.G. which establishes procedures for legislative code changes is satisfied according to the above findings. No other applicable Metro, federal or state regulations apply. SECTION V OTHER STAFF COMMENTS The City of Tigard Engineering Department, Police Department, and Building Division have reviewed the proposal and have offered no comments or objections. SECTION VI. AGENCY COMMENTS GTE, NW Natural Gas Co., Cablevision, PGE, Metro Area Communications, US West Communications, Tri-Met Transit Development, Washington County Dept. of Land Use & Transportation, Metro Area Boundary Commission, Oregon DLCD, ODOT and members of the Citizen Involvement Teams have all had the opportunity to review the proposal and have offered no comments or objections. No other comments have been received. PREPARED BY: Richard I Planning 6/30/99 DATE 7119/99 STAFF REPORT TO THE PLANNING COMMISSION Page 3 of 3 ZOA 1989-00M21CIARIFYING CODE AMENDMENTS AGENDA ITEM NO: 2 -VISITOR'S AGENDA DATE : AUGUST 10,1999 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. STAFF CONTACTED NAME, ADDRESS & PHONE TOPIC -B to s a - VL S Izvz~ S A-e,- wD C i -rte `t`l~- f I c~ V V►n c4 v~ ~2, vi tit r~ L q -71 Z S t~ e c) cl~i 1.~ Tim e~ n X q? 2 y i S G ~~G V i► 4 AGENDA ITEM! No. 5 Date: AUGUST 1®,1999 PUBLIC HEARING (LEGISLATIVE) TEMPORARY SIGN ORDINANCE AMENDMENT \\TIG333\USR\DEPTSWDMCATHY\TESTIMONY SHEETMOC ® . r a AGENDA ITEM No. 5 i'LE HaG am% 11 Name, Address & Phone Na. 11 Name, Address & Phone No. 11 Name, Address 11 Name, Address & Phone No. 11 Name, Address & Phone No. 11 Name, Address & Phone No. 91 Name, Address Name, Address & Phone No. 11 Name, Address No. 11 Name, No. M Name, No. & Phone No. & Phone No. one No. AGENDA ITEM No. 6 Date: AUGUST 10, 1999 PUBLIC HEARING (LEGISLATIVE) BUILDING FEES INCREASE \\TIG333\USF;'%DEPTS\ADM\CATHY\TESTIMONY SHEET.DOC a AGENDA ITEM No. 7 Date: AUGUST 10, 1999 PUBLIC HEARING (LEGISLATIVE) COMMUNITY DEVELOPMENT CODE AMENDMENTS \\TIO333\USR\DEPTS\ADMACATHY\TESTIMONY SHEET,DOC AGENDA ITEM No. 7 PLEASE PRINT -Proponent - S eakin In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address &P-hone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. vfz~,i'~oe-s ag-e "d k C1 TIGARD WATER DISTINCT g/10144 .111Z 8777 S.W. BURNHAM ST. P.O. BOX 230000 TIGARD, OREGON 97281-1999 PHONE (503) 639-1554 August 3, 1999 Mayor Jim Nicoli City of Tigard Tigard, OR 97223 Re: long term water source decision Dear Mayor Nicoli: The cities of T;--i K;.,.. r o- n-,rham anti the oiniflCllmnrAfO[l area Qerved by the Tigard Water .a..., . ...t, , , District (TWD), entered into the Intergovernmental Water Agreement (Agreement) in 1994. The Agreement provides that a decision regarding a long term water source for the district shall be made by the members of the Intergovernmental Water Board (IWB), made up of representatives of each entity. A vote of three members of the board constitutes a binding majority. On March 29, 1999 the TWD voted for the Willamette option. The cities of King City and Durham chose the Willamette option on March 30 and April 7, 1999 respectively. In mid-early April the IWB voted to adopt the Willamette River option. In early June, Citizens for Safe Water (Citizens) submitted valid signatures to Tigard for an initiative which would require a vote of the citizens of Tigard before the city could go to the Willamette for its water source. Should this initiative pass and the voters refuse to vote to go to the Willamette River, this decision would put the City in default under the Intergovernmental Agreement. Tigard's failure to participate in the purchase of the Wilsonville property, construction of the water treatment plant, transmission pipe lines and operation of the plant would result in damages in excess of 25 million dollars to TWD ratepayers for separation of the systems. It is the opinion of legal counsel that there are a number of flaws in the proposed initiative, which would make it unenforceable. The TWD requests that the City of Tigard take all necessary steps to stop any barriers to proceeding with the Willamette option. Should Tigard fail to proceed with the Willamette option, the TWD will initiate legal action against the City, to protect its ratepayers from the results of the City of Tigard's default. Your prompt attention to this letter is required. Very truly yours, NORMAN PENNER, CHAIR NP/gb cc: Tigard City Councilors IWB Reps - Mayor Jan Drangshelt, Bill Schciderich, Patrick Carroll, Gretchen Buchner r~ T AINS ITT°AL Date August 5, 1999 Number of pages including cover sheet 3 To: Co: Honorable Mayor & City Council From: Cathy Wheatley City Recorder Co: City of Tigard Pew 41• RRd-7907 Ph 639-4171. Ext. 309 SUBJECT: Letter from TWD Regarding Long-Term Water Source MESSAGE: Here is material that will be the subject of a visitor's agenda presentation on 8/10/99. 1.%ENG%FAX,OOT Aug-OS-99 10:1SA Gretchen E. Buehner GRETCHEN E. BUEHNER ATTORNEY AT LAW P.O. Box 1233 Portland, Or 97207-1233 7' 1GARD (503) 684-1031 FAX (403) 684-1437 FACSIMILE TRANSMISSION TO: Cathy City of Tigard FAX NO: 684-7297 FROM: GRETCHEN HUEHNER DATE: 8/5/99 RE: TW D This is page one of _ MESSAGE: Cathy: SYLVAN (1-903) 297-4548 FAX (:503) 292=2466 Please put a copy of this letter in the packet of each councilor for the meeting on Tuesday_ Norm Penner and 1 will be formally presenting the letter at the council meeting, but want all of the Council to have a copy up front- Thanks so much. Gretchen Buchner IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL 684-1031. This fact(mlle tcu==ntvakm contains confidential KsWor prkllcged Information !hunt the dre orf.rexchen L liuehner, ittt W4cd onhr for the use of t1w Individual(s) named *a the trawmf*4m thect if yna ate not the Intended mciplent, you are hereby nutlf6cd that aay ilsckwvre, copytn%, dUedbutkm or the taklnt of any actsm pt r+tllance on We contents of thin facsl"Mc troasmisslon k !It{r - ptoMbltat. if yon hove rmdved this trptuntlsslon in error, pkasc notify rt by tclphoae frarnedlytcb, so that we eC*n arrange for the return or the documents to us at no cost to you. P-O1 Aug-05-99 10:16A Gretchen E- Buehner- 'ICIGAItD WATER DISTRICT C August 3, 1999 Mayor Jim Nicoli city of Tigard Tigard, OR 97223 Re: long term water source decision Dear Mayor Nicoli: P -102 8777 S.W. BURNHAM ST. N.O. BOX 230000 '"GARD. OREGON 97281- (999 P11ONE 15113) 639-1554 The cities of Tigard, King City, Durham and the unincorporated area served by the Tigard Water District (TWD), entered into the intergovernmental Water Agreement (Agreement) in 1994. The Agreement provides that a decision regarding a long term water source for the district shall be made by the members of the intergovernmental Water Board (IWB), made up of representatives of each entity. A vote of three members of the board constitutes a binding majority. On March 29, 1999 the TWD voted for the Willamette option. The cities of King City and Durham chose the Willamette option on March 30 and April 7, 1999 respectively. In mid-early April the IWB voted to adopt the Willamette River option. In early June, Citizens for Safe Water (Citizens) submitted valid, signatures to Tigard for an initiative which would require a vote of the citizens of Tigard before the city could go to the Willamette for its water source. Should this initiative pass and the voters refuse to vote to go to the Willamette River, this decision would pat the City in default under the Intergovernmental Agreement. Tigard's failure to participate in the purchase of the Wilsonville property, construction of the water treatment plant, transmission pipe lines and operation of the plant would result in damages in excess of 25 million dollars to TWD ratepayers for separation of the systems. It is the opinion of legal counsel that there are a number of flaws in the proposed initiative, which would make it unenforceable. The TWD requests that the City of Tigard take all necessary steps to stop any barriers to proceeding with the Willamette option. Should Tigard fail to proceed with the Willamette option, the TWD will initiate legal action against the City, to protect its ratepayers from the results of the City- of Tigard's default. Your prompt attention to this loiter is required. Very truly yours, NORMAN PFNNER, CHAiIt N P/gb cc: Tigard City Councilors IWB Rcps - Mayor San Drangshch, Bill Schcidcrich, Patrick Carroll, Gretchen Buchner ILRJ V i/ 1 TX/RX NO. INCOMPLETE TX/RX TRANSACTION OK ERROR #xx#x#xxx#xxxxxx#xxxxxxxx2xxxaxxxxss sxs MULTI TRANSACTION REPORT xss x#sxssssxx#s:ssssssxsxsszxaxssxssxss 8054 [ 011 5900371 [ 021 639 5697 [ 031 6030461 [ 041 6208759 [ 051 684 3636 JO°CE PATTON KEN SCHECKLA BRIAN MOORE PAUL HUNT JIM NICOLI AGENDA ITEM # FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 54t-Ay SASS ibyn August 10. 1999 ISSUFJAGENDA TITLE Annual Review of Council Groundrules PREPARED BY: William Monahan DEPT HEAD OK (f1-T-Y MGR OK ISSUE BEFORE THE COUNCIL On Page 6 of the established Council Ground_ules, it is stated that annually in July or August the Council Groundrules are submitted to Council for review. The question before Council is as follows: Is there any need for the Council to revise and update the Council Groundrules (Resolution 98-48 and Resolution 99-33)? STAFF RECOMMENDATION Staff recommends that Council review Resolution 98-48, as amended by Resolution 99-33, and determine if any revisions to the Council Groundrules are necessary. INFORMATION SUMMARY Periodically, the City Council reviews and revises the Council Groundrules. In 1998, Resolution No. 98-48 revised Council policy superseding prior Council Groundrules. Resolution No. 98-48 states that annually the Council will review Council Groundrules in either July or August. In addition, the Groundrules can be reviewed and revised at any time of the year when a specific issue is identified, requiring action. During the May 11, 1999 Council meeting, Council discussed revising two sections of the Groundrules which apply to Conduct of City Meetings. The Council revised those sections by adopting Resolution 99-33 on June 8, 1999. When the most recent changes were made in June, Council was advised that in accordance with the established Groundrules, a time for review of the Groundrules would be set for either the July or August Workshop meeting of Council. The time has come for Council to suggest any additional changes that are needed to the Groundrules. OTHER ALTERNATIVES CONSIDERED Make no changes to the Groundrules. VISION TASK FORCE GOAL AND ACTION COIyMITTEE STRATEGY None. FISCAL NOTES None. I: W OMUOWNDRULESSUM.000. DOT CITY OF TIGARD, OREGON RESOLUTION NO. 99- 3 A RESOLUTION REVISING THE POLICY OF THE CITY COUNCIL REGARDING COUNCIL GROUNDRULES AND AGENDA PROCESS. WHEREAS, the Tigard City Council periodically reviews Council Groundrules; and whereas, the City Council on May 11, 1999, directed that two changes be made to the section of Exhibit "A" of the City Council Groundrules and Agenda Summary; and whereas, it is the desire of the City Council to make the changes discussed and to supercede the previous Resolution, which revised the Council Groundrules. NOW, THERE--FORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Council hereby revises the Council Groundrules as described in Exhibit "A" attached. PASSED: ATTEST: This day of 4A65~-- A 1999. _e_- City Recorder - City of Tigard i-. citywideNamend council groundntles res.dot RESOLUTION NO.99 Page 1 EXHIBIT "A" Resolution No. 99- CITY COUNCIL GROUNDRULES AND AGENDA PROCESS The following information is intended to assist with preparation for and the conduct of City Council meetings. The City Charter, Article IV, Section 13, contains regulations that govern Council meetings. The Groundrules describe the process followed by Council in scheduling and conducting meetings. Council/Mayor Roles The Mayor, or in the absence of the Mayor, the Council President, shall be the Presiding Officer at all meetings. The Presiding Officer shall conduct all meetings, preserve order, enforce the rules of the Council and determine the order and length of discussion on any matter before the Council, subject to these rules. The Presiding Officer may move, second, debate and vote and shall not be deprived of any of the rights and privileges of a Councilor. The Presiding Officer shall sign all ordinances, resolutions, contracts and other documents, except where authority to sign certain contracts and other documents has been delegated to the City Manager and all documents shall be attested to by the City Recorder. The Mayor shall appoint the committees provided by the Rules of Council. • In all other actions, decisions and other matters relating to the conduct of business of the City, the Mayor or President shall have no more or less authority than any other Council member. For the purposes of this written procedure any reference to the Council (unless otherwise specifically noted to the contrary) will include the Mayor, President and Council members. Conduct of City Meetings • Council will meet at least once a month. Regularly scheduled meetings shall be on the second, third, and fourth Tuesdays of each month. • The Council meetings on the second and fourth Tuesdays are "Business" meetings; the Council meetings on the third Tuesday of the month are "Workshop" meetings unless otherwise designated by the City Council. • Unless specifically noted otherwise, the meetings of Council shall begin at 6:30 p.m. at the established place of meeting. On the second and fourth Tuesdays the meetings will begin with a Study Session following by the Business meeting. On the third Tuesday, the Workshop meeting will begin at 6:30 p.m. • Roll Call/Voting Order: The roll shall be called'in alphabetical order by last name. At each succeeding meeting at which a roll cal! vote is taken, the council person who voted last during the previous meeting, shall vote first and the Council person who voted first during the preceding meeting shall vote second and so on in a rotating fashion. It is the intent that the voting order remain fixed for each meeting and that a different Council person shall vote last during each separate meeting for the duration of the meeting. • The Chair, or other members if the Chair fails to remember, shall call for a Point of Order at or around 9:30 p.m. [ 10 .1 to review remaining items on the agenda with the Council. The Council may reset or reschedule those items, which it feels may not be reached prior to the regular time of adjournment. The Council's goal is to adjourn prior to 10 p.m. [44-p-.FA ] unless extended by majority consent of all Council member then present. If not continued by majority consent, then the meeting shall be adjourned to either the next scheduled meeting or the meeting shall be continued to a special meeting on another date. • nPfinitignc - MPPtinci Tvnpc, Sti Ov Raccinns anti Pvani itiva RPCCinnC- > BUSINESS MEETINGS: Business meetings are regular meetings where Council may deliberate toward a final decision on an agenda item including consideration of ordinances, resolutions & conducting public hearings. Business meetings are open to the public. The first business meeting on each month is usually televised. Business meetings are generally scheduled to begin at 7:30 p.m. with a study session preceding the Business Meeting at 6:30 p.m. Study Sessions are a workshop-type of meeting (see definition below) which also provide an opportunity for the Council to review the business meeting agenda and to ask questions for clarification on issues or on process. Study Sessions are open to the public. All Council meetings are open to the public with the exception of Executive Sessions. Executive Sessions can be called under certain circumstances and topics are limited to those defined by ORS 192.660. The "Visitor's Agenda" is a regular feature on the Council Business meetings. This item will be placed near the beginning of the Council Agenda to give citizens and visitors a chance to introduce a topic to the City Council. Council may decide to refer an issue to staff and/or schedule the topic for a later Council meeting. > WORKSHOPS MEETING: Workshop meetings are regular meetings where Council reviews and discusses a9 nda topics with no intent of deliberating toward a final decision during the meeting. Workshop meetings are not scheduled to be televised but are open to the public. Workshop agenda items are generally topics which Council is receiving preliminary information and providing direction for further analysis and staff information gathering for a later business meeting. Workshop topics may also include discussions with standing boards and committees, as well as other governmental units. 2 Appropriate topics for Workshop meetings include: Introduce a Topic: Staff will bring up new items to determine whether Council wants to entertain further discussion and whether to schedule the topic as an item on a future agenda. Educational Meetings: Council will review research information presented by staff, consultants, or task forces - usually as'a process check; i.e. is the issue on the right "track"? Meet with individuals from City boards and committee$ or other jurisdictions to discuss items of common interest (examples: other Councils, the School District, and other officials). Administrative Updates: Items such as calendar information, scheduling preferences, process checks. > STUDY SESSIONS: Study Sessions precede or follow a Business Meeting or Workshop Meeting. As stated above, they are conducted in a %A1 -l-Me se"ina to provide an opportunity for Council to review the Business Meeting Agenda and to ask questions for clarification on issues or on process. Information is also shared on items that are time sensitive. During Study Sessions, any Council member may call for a Point of Order whenever he or she wishes to stop the "discussion" because he or she feels that it is more appropriate for the City Council to discuss the matter during the Council meeting. If a Point of Order is raised, the City Council will discuss the Point of Order and determine whether the "discussion" should continue on to be held during the Council meeting. The decision on whether to continue the "discussion" or not shall be determined by the majority vote of the Council members present. If Council discusses a Council Agenda Topic in a Study Session prior to a Council meeting, either the Presiding Officer or Ciry Manager will briefly state at the introduction of the Agenda Topic, the fact that Council discussed the topic in the Study Session and mention the key points of the discussion. > EXECUTIVE SESSIONS: Meetings conducted by the Council, City Manager, and appropriate staff in a setting closed to the public for deliberation on certain matters. Executive Sessions maybe held during a regular, special or emergency meeting after the presiding officer has identified the authorization of ORS for holding the Executive Session. Among the permitted topics are employment of a public officer, deliberations with the persons designated by the Council to carry on labor negotiations, deliberations with persons designated to negotiate real property transactions, and to consult with legal counsel regarding current litigation or litigation likely to be filed. Policy Regarding Interrelationships Between the City Council and Its Appointed Commissions Boards or Committees (,hereinafter referred to as "Boards") 3 • The Council shall follow the Procedure for Recruitment and Appointments to Boards and Committees established in Resolution No. 95-60. • Appointments to any committees not covered by Resolution No. 95-60 shall be made following the procedure provided within the Resolution or Ordinance, which created the committee. • Appointments to intergovernmental committees shall be made by Council Action. • Appointments of Council members to internal City committees as the Council Liaison shall be made by the City Council. . It is Council policy to make known to the public, by notice in the Cityscape, of the occurrence of vacancies on City boards for the purpose of informing persons who may be interested in appointment. • Council will entertain regular representation by persons outside the City on those boards, which provide for such non-city membership. • The Mayor and one Council member will serve on the Mayor's Appointment Advisory Committee for the purpose of interviewing and recommending potential board members. Council members will serve on this Committee with the Mayor on a rotated basis for a term of six months. Terms shall begin January 1 and July 1. Communications Between Ci!y Councilors City Manager and Staff • Councilors are encouraged to maintain open communications with the City Manager, both as a group and individually in one-on-one sessions. • Councilors are encouraged to direct'.nquiries through the City Manager, giving as much information as possible to ensure a thorough response. • In the absence of the City Manager, Councilors are encouraged to contact the Assistant to the City Manager. In the absence of both the City Manager and the Assistant to the City Manager, Councilors are encouraged to contact the Department Head, realizing that the Department Head will discuss any such inquiries with the City Manager. • Contacts below the Department Head are discouraged due to the possible disruption of work, confusion on priorities, and limited scope of response. Council Aaend_ as and packet Information The City Manager will schedule agenda items while attempting to maintain balanced agendas to allow for discussion of topics while meeting the established 10 p.m. 44 p.m. adjournment. time. 4 The City Manager will schedule items allowing time. for staff research and the agenda cycle deadlines. . The agenda cycle calls for submittal of items 10 days in advance of a Council meeting. Add-ons are to be minimized, and handouts distributed at the start of meetings, except Executive Sessions. Councilors and staff will prepare in advance of public meetings and issues should be presented fully in packets. Council is supportive of the role staff should play in offering professional rcnnmmendations. Staff is aware of Council's right to make final decisions after 1+VV11 considering the staff recommendation, public input, the record and Council deliberation on the matter. H a c~ N Communications Among Councilors Councilors are encouraged to suggest agenda topics at the bench or to contaci ine City Manager about scheduling an item into the Tentative Agenda. . Add-on Agenda items should be brought up at the start of the meeting and generally considered only if continuing to a later agenda is not appropriate. Requests for legislative action of Council may be initiated by an individual Council member during a Council meeting. The City consistent with resources and priorities, or refer request the question of scheduling to Council as a whole. Communications With Community/General Public Councilors and the General Public are reminded of the Agenda cycle and cut-off dates. Administrative staff is available to explain how public issues are handled and how citizen input may be accomplished. "Official" communication should come through City Hall and be provided by the City Manager. Direct submittal or inquiries to the Council or individual Councilors should be referred to the City Manager or Councilors may ask the City Manager to look into an issue. ® Official "press releases" are encouraged, both to assure accurate reporting and to advise Council and Staff of the official position communicated to the press. Press releases are through the City Manager's Office. General Councilors are always Councilors in the eyes of the Administration, never simply private citizens. Thus, Councilors are always treated by Administration as Council Members. 5 Information that "affects" the Council should go to Council. The City Manager is to decide on "gray areas," but too much information is preferable to too little. Budget cuts or increases are policy decisions. Budgets will not be cut "piece meal" or "across the board," but rather should be made in service or program areas, giving Staff full opportunity to provide data clearly defining the anticipated impact of the action. It is the policy of the Council that if Councilors are contacted regarding labor relations during labor negotiations or conflict resolution proceedings, then Councilors have no comment. Councilors and the City Manager agree to report and discuss any contact, which might affect labor relations with the entire Council in Executive Session. The Council Groundrules will be submitted for review by Council each year either in %er...1,e1,.,+, RA--inn The Groundrules can be reviewed and LIIC JUI~/ vl r.uauaa • rv. • +r revised at any other time in the year when a specific issue or issues are identified requiring action prior to the established review period. I;WDMI\CATFM000NCIL GROUNDRULES AS UPDATED JUNE 1999.DOC 6 AGENDA ITEM # i n FOR AGENDA OF ~c CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSLTE/AGENDA TITLE Request by the City of Wilsonville to withdraw from MACC PREPARED BY: Elizabeth Newton 7 t[ ~ DEPT HEAD OK CITY MGR OK ct.- ' ISSUE BEFORE THE COUNCIL Consideration of the City of Wilsonville's request to withdraw from the Metropolitan Area Communications Commission (MACC). STAFF RECOMMENDATION Review the attached information and resolution regarding Wilsonville's request to withdraw from MACC and if appropriate, direct staff to schedule a vote on the resolution on the August 24, 1999 consent agenda. INFORMATION SUMMARY The Metropolitan Area Communications Commission (MACC) is recommending that its member jurisdictions take action to allow the City of Wilsonville to leave MACC membership. Enclosed is a copy of MACC Resolution #99-04, recommending this action. On June 7, 1999, the City of Wilsonville passed a resolution #1555 (copy enclosed) which formally requested that the remaining MACC jurisdictions consent to their withdrawal from MACC, to be effective July 1, 1999. In their resolution, the City states their reason for leaving is that they have "...the resources and staff capability to effectively monitor and enforce its franchise agreement with its cable provider." The MACC Intergovernmental Cooperation Agreement (IGA), does not allow jurisdictions to unilaterally leave MACC without first obtaining the consent of the remaining members. Therefore, the City of Tigard, and the other thirteen MACC members, must all pass the enclosed resolution in order for Wilsonville to withdraw. The MACC Board has determined that Wilsonville's withdrawal from MACC, would not adversely affect the other member jurisdictions, and would be in the public interest to allow jurisdictions to continue to move forward to address the important issues facing the Commission and its members." MACC administration/regulation of the TCI franchise agreement for the remaining MACC jurisdictions will not be negatively affected by this change. "Questions and answers" prepared by MACC staff is attached, and MACC has been asked to attend the August 10, 1999 study session to provide any additional information requested by Council. OTHER ALTERNATIVES CONSIDERED No action by City Council would prohibit Wilsonville from withdrawing from MACC. VISION TASICFORC'E GOAL AND ACTION COMMITTEE STRATEGY Not applicable. FISCAL NOTES Wilsonville's withdrawal from MACC would have no fmancial impact on Tigard. OadmVirvMccO7299 AN CITY OF TIGARD, OREGON RESOLUTION NO. 99- A RESOLUTION OF THE CITY OF TIGARD APPROVING THE REQUEST BY THE CITY OF WILSONVILLE TO WITHDRAW FROM MEMBERSHIP IN THE METROPOLITAN AREA COMMUNICATIONS COMMISSION. WHEREAS, in 1980 the Metropolitan Area Communications Commission (hereinafter MACC) was formed by Intergovernmental Agreement (hereinafter IGA) to enable its member jurisdictions to work cooperatively and jointly on communications issues, in particular the joint franchising of cable services and the common adminiauauon a-Lid reruiat'ion of such ui-aai-cnus agreements, and WHEREAS, the City of Wilsonville is a member of MACC, having adopted an authorizing resolution as contemplated by Section 7 of the IGA; and =REAS, the 1GA requires, in Section &B, that a member may not uniiateraiiy withdraw from membership in MACC unless said withdrawal is agreed to by all other parties to the IGA; and WHEREAS, the City of Wilsonville, at their June 7, 1999 Council Meeting, adopted a resolution which formally requested that the City be allowed to withdraw its membership in MACC; and WHEREAS, the MACC Board of Commissioners has considered the impact of the requested action by Wilsonville, and in particular, the anticipated impact of the proposed withdrawal on the ability of remaining members of the Commission to fully and effectively maintain their joint, cooperative effort in furtherance of the purposes of the IGA; and WHEREAS, the MACC Board of Commissioners found that the withdrawal of the City of Wilsonville would not adversely affect the other member jurisdictions, and that it would be in the public interest to allow those jurisdictions to continue to move forward to address the important issues facing the Commission and its members, and adopted Resolution number 99-04 (Exhibit A) recommending that Wilsonville be granted permission to withdraw from membership in MACC; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Consent be given to the City of Wilsonville to withdraw from membership in MACC effective with the close of the fiscal year ending June 30, 1999. SECTION 2: The consent granted by this resolution is qualified by each of the following conditions: 1. MACC staff has verified that each remaining member jurisdiction of MACC has consented to the request from Wilsonville to withdraw from MACC. 2. An accounting of funds paid by and/or owed by Wilsonville as a result of its membership in MACC during the fiscal year ending June 30, 1999, shall be made by MACC staff and forwarded to the full commission for review and approval, or RESOLUTION NO.99-_ Page 1 modification, at the next regularly scheduled meeting of the full commission. Such accounting shall recommend an allocation of proceeds, which addresses the proposed effective date of Wilsonville's withdrawal from membership. PASSED: This day of 1999. Mayor - City of T igard ATTEST: City Recorder - City of Tigard 1;1a&n%xVesol072W':. t RESOLUTION NO.99-_ Page 2 RESOLUTION 99-04 A RESOLUTION RECOMMENDING THAT THE MACC MEMBER JURISDICTIONS CONSENT TO THE CITY OF WILSONYILLE'S REQUEST TO WITHDRAW FROM MEMBERSHIP IN THE CO1 r*1ISSION WHEREAS, in 1980 the Metropolitan Area Communications Commission (hereinafter MACC) was formed by Intergovernmental Agreement (hereinafter IGA) to enable its member jurisdictions to work cooperatively and jointly on communications issues, in particular the joint franchising of cable services and the common administration and regulation of such franchise agreements, and WHEREAS, the City of Wilsonville is a member of MCC, having adopted an authorizing resolution as contemplated by Section 7 of the IGA; and WHEREAS, the IGA requires, at Section 8.B that a member may not unilateraiiy withdraw from membership in MACC unless said withdrawal is agreed upon by all the other parties to the IGA; and WHEREAS, the City of Wilsonville has formally requested that they be allowed to withdraw from MACC effective June 30, 1999; and WHEREAS, the full Commission, at its June 9, 1999 meeting, reviewed the City of Wilsonville's request to leave MACC, has considered the impact of the requested action by the City of Wilsonville, and in particular the anticipated impact of the proposed termination on the ability of the remaining members of the Commission to fully and effectively maintain their joint, cooperative effort in furtherance of the purposes of the IGA; and WHEREAS, the full Commission found that the withdrawal from membership by the City of Wilsonville would not adversely affect the other member jurisdictions, and would be in the public interest to allow jurisdictions to continue to move forward to address the important issues facing the Commission and its members. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION AS FOLLOWS: 1) The Commission recommends that the member jurisdictions consent to the City of Wilsonville's request to withdraw from membership in MACC. Said withdrawal, if approved, should be conditioned upon the following requirement: An accounting of the funds paid by and/or owed by Wilsonville as a result of its membership in MACC during the current fiscal year ending June 30, 1999 shall be made by MACC staff and forwarded to the full Commission for review and approval or Resolution 99004, p. 2 modification at the next regularly scheduled meeting of the full Commission Such accounting shall recommend an allocation of proceeds, which addresses the proposed effective date of the City of Wilsonville's withdrawal from membership. ADOPTED BY THE BOARD OF COMUSSIONERS OF THE M ETROPOI.UAN AREA COMfMCATIONS COAUISSION thb 9t6i clay of June, 1999 Bill ammer, Chair. WILSONVILLE, WITHDRAWAL FROM MACC "QUESTIONS & ANSWERS" We hope the following information will assist you in reviewing the MACC Board of Commissioner's recommendation to consent to the withdrawal of the City of Wilsonville from MACC. Q 1. Why is the City-of Wilsonville leaving MMAACC? Answer: According the resolution passed by the City, they feel that they now have the staff resources and expertise to effectively monitor the TCI Franchise Agreement in-house. Q2. Will.Wilsonville need. to negotiate anew Franchise with TCI as a result of their: withdrawal? How will Wilsonville's withdrawal effective the Franchises held by the other A 1"i" ...6 a j::. Answer: Since all MACC jurisdictions hold individual franchises with TCI, Wilsonville's departure from MACC will not affect the terms of their,TCI franchise, or the terms franchises of the remaining MACC members. However, subscribers in the City of Wilsonville will no longer be able to contact MACC with cable questionstcomplaints, and the City will need to negotiate separately with TCI in the future on issues related to their individual franchise agreement. Q 3. Who will administer/regulate the Wilsonville TCI Franchise? Answer: The City of Wilsonville will, need to establish it's own TCI Franchise administrationtregulation program, MA.CC, will no longer provide that service for them. Q 4. Will the City of Wilsonville's withdrawal from MACC affect MACC's ability to perform it's work for the other MACC jurisdictions? Answer: No, except that MACC will no longer handle TCI Franchise matters for the City of Wilsonvi'e including contacts from their citizens. Q 5. Will the City of Wilsonville's withdrawal from MACC increase the costs for MACC services for the remaining MACC ,jurisdictions? Answer: No, your costs will not increase since MACC will not be providing services to the City. In the last several years MACC has reduced its staff and operational costs by efficiently managing it's operations and resources. We knew of Wilsonville's plans to withdraw from MACC when we made the decision to return of a portion of our fund balance to jurisdictions and to reduce our share of franchise fee revenues effective July 1, 1999. We would be happy to answer any other questions you have. RESOLUTION NO. 1556 A RESOLU'T'ION T MNA TINO WILSONVILI IS PARTICIPATION IN THE METROPOLITAN AREA COMMUNICATIONS CON MISSION. WHEREAS, in 1980, a number of jurisdictions in the Foreland metropolitan area entered into an intergovertimcntal agreemew pursuant to ORS 190.003 to 190.110 to cute the Metropolitan Area Communications Commission for the purposes of negotia'Ung a joint cable television sazVice fiancaise agreement for the merdber jurisdictions and enforcing the various provisions of that agreement; and WHEREAS, this cooperative effort gave each member jurisdiction a level of regulatory capability it could not have enjoyed individually; and WHEREAS, in 1983, the City of Wilsonville, via City Council Resolution No. 342, joined the Metropolim Ana Cainmtmications Commission and has since remained a member in good stead; and WHEREAS, changes in federal law since 1983 have had the effect of severely restricting local regulatory authority over cable television providers; and WHEREAS, Wilsonville today enjoys the resources and staff capability to effectively monitor and enforce its franchise agreement with its cable service provider as well as those provisions of federal cable regulation still within the purview of local government; and WHEREAS, the City Council finds that the cost of continued membership in the Metropolitan Area Communications Commission outweighs the benefits of membership in the Commission; RESOLUTION NO. 1556 PAGE 19F 2 NACity RCCQW0lR,eso1UdM%PC31536.d0C NOW, THEREFORE, THE CITY OF WILSONVILLE RESOLVES AS FOLLOWS: 1. The City of Wilsonville terminates its participation in the Metropolitan Area Communications Commission effective July 1, 1999, pursuant to section 8-B of the intergovernmental agreement (Exhibit A, Resolution No. 342) entered into by the City on August 1, 1993; and 2. The City of Wilsonville requests that the staff of the Metropolitan Area Communications Commission forward to the other :member jurisdictions of the Commission a resolution ratifying Wilsonville's withdrawal from the Commission, pursuant to sections 4.D and 8.B of the intergovernmental agreement. ADOPTED by the Wilsonville City Council at a regular meting thereof this 71' day of June, 1999, and filed with the Wilson ' Recorder CHARLOTTE LEHAN, MAYOR ATTEST: Sandra C. Ding, CMC, City Recorder SUMMARY OF VOTES: Mayor Lehan Yes -Councilor. Ilelser Yee Councilor Barton Yes Councilor Kirk Yes Councilor Holt Yes RESOLUTION NO. 1556 PAGE 2 OF 2 NACity RRtiidalFccsolasioas~RsslSS6.Q0e AGENDA ITEM # Study Session FOR AGENDA OF g) ! y 1 qq CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE TVCA contract performance standards and Wilsonville's request to contract with TVCA PREPARED BY: Elizabeth Newton'M DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL 1) 1-vlACC's new contract with Tualatin Valley Community Access (TVCA) and performance standards that JIIV Klu Vv u~v~ww.r w. 2) Wilsonville's request to contract with TVCA for cable access services. STAFF RECOMMENDATION 1) Review attached information summarizing services TVCA will provide and suggested performance standards and provide direction to staff. 2) Provide direction on Wilsonville's request to contract with TVCA for community access services. INFORMATION SUMMARY 1) On August 18 the MACC Board will meet to discuss performance standards for the new contract with TVCA to provide cable access services. Attached is a summary of the services TVCA will provide. Based on the services, staff recommends performance standards be included that address the following: • The number of chamber/community built-in television production systems that are installed. • The number and type of customized workshops to promote PEG Access utilization and the response/participation. • The increase in live and taped government meetings. • Efforts to introduce and assist with live interactive "Ask the Mayor and/or Council" programs. • Number of outreach productions per jurisdiction, selected in consultation with each jurisdiction. • Fundraising efforts. • Expanded playbacks of meetings. • A minimum of 18 hours a day/7 days a week of cable casting. • Addressing identified community needs with specific programs. Council should direct staff to present other areas that should be tied to performance standards. 2) The City of Wilsonville has indicated they may want to contract with TVCA for cable access services even after they withdraw from MACC. Councilor Scheckla and I suggest that if the MACC Board decides to allow TVCA to contract with Wilsonville for cable access services that all of the cost of those services be paid by Wilsonville, that there is no subsidy from MACC or its member jurisdictions. This issue may be discussed at the MACC Board meeting on August 18, 1999. V ' I OTHER ALTERNATIVES CONSIDERED 1) Add other items for TVCA performance standards. 2) Provide direction to staff on Wilsonville's potential request to contract with TVCA for cable access services. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life - Volunteerism - Goal #2. "Citizen involvement opportunities will be maximized by providing educational programs on process, assuring accessibility to information, providing opportunities for input and establishing and maintaining a program of effective communication." None FISCAL NOTES 1:WmVIzUY=073M.doc TUALATIN VALLEY COMMUNITY ACCESS PE6 ACCESS SCENARIO E (Revises)) SUMMARY Description This scenario represents a baseline PEG Access Program including an increased emphasis on Government Access services and programming, and some enhancement of Educational Access outreach. Highlights of Services Media Access New developments include phasing in council chamber/community built-in television pruuucuun systems in i3 iocations throughout the MACC-TVCA service area over a four- year period beginning in the fall of 1999. Includes upgrading the County's partially built- in system. Media Education New developments include a series of customized Outreach Workshops to promote PEG Access utilization by (1) local governments and (2) educators/schools. This scenario continues the blended Public Access/Education Access approach to training (e.g. youth and school groups participate in standard TVCA media literacy workshops in field/edit or studio production and produce educational and/or community-oriented productions). Media Production New developments include: (1) A greatly increased potential for live and taped government meeting coverage throughout the MACC-TVCA service area. TVCA projections estimate 40 meetings covered per month, up from the current average of 13 meetings per month. Additional meeting coverage is possible based on the individual needs of jurisdictions. In addition to city council and county commission meetings, examples of future coverage include: - planning commission meetings - school board meetings - citizen involvement workshops - budget committee meetings - land use hearings - MACC meetings Although built-in production systems are envisioned primarily for council hall locations, other community center locations may be preferred in some instances. (2) The introduction of live, interactive "Ask the Mayor/and or Council" programs once a month for all interested MACC jurisdictions. This programming would originate from TVCA's Live Link mini-studio. -25- (3) A new approach to. Outreach Productions that involves one to three "Government Requested" meeting/event coverage productions per jurisdiction per year (based on size of subscriber base: one for small jurisdictions, two for medium-sized jurisdictions, three for larger jurisdictions). Continues T'VCA's focus on developing some Outreach Productions in cooperation with schools, special needs populations and community groups. Channel Management/Cablecasting New developments include: (1) expanded playbacks of government meetings (2) increased cablecastiang hours: 18-24 hours/day, seven days a week Resource RequiremairAza See page 41. -26 COMMUNITY COMMUNICATION NEEDS & TVCA PROGRAM ACTIVITIES COMMUNITY NEEDS TVCA PROPOSED ASSESSMENT FINDING PROGRAM ACTIVITY L:. 1J n"in1 'iCo un~i ati6 F h c < '1'VCa4ervice inRel6tiono' ' 4 In' ddedl In , r a mot. t~ ~ un (ITT ie~lrernent E3P Y e'~Sz• ' hIalen$if@OtnnlYnlty/ i~l the FolloadViQlg ~ : , , x , , r Needed: . . scq, pp, os: Enhanced communication • Government meeting coverage transitioning ALL linkages between governments to council built-in production systems over (A°D) and citizens. four years beginning in fall of 1999. • "Ask the Mayor and/or Council" live, call-in ALL productions for all interested MACC jurisdic- tions. - Enhanced Public Affairs Programming through quarterly magazine series and Town Hall meeting series. • Community-Specific Governmental D "Video Newsletters"- Interview Format. Targeted programming for geographically-based •Geographically-specific Government ALL communities and communi- Requested Outreach Productions based on ties of interest (e.g. special local needs and interests. needs populations). • Community Requested Outreach Produc- ALL lions addressing Education and Special Needs. • Live Link mini-studio - Interactive ALL communications vehicle for community groups, schools and local governments. Training equipment and • Media Literary Workshops Available to PEG ALL' facilities that support and Access Program Producers. facilitate the use • Community Media Center and Production ALL of PEG Access resources. Support Available to PEG Access Program Producers. ALL • Outreach Workshops introduced to promote increased PEG Access utilization by local governments and schools. Continued... -17- COMMUNITY NEEDS TVCA PROPOSED. PROGRAM ACTIVITY ASSESSMENT FINDING t~ ~s may, tp, . ^ L of97fnnl~lon- ~~9611f1~/ k n Weis T~/CAent'iae In~Rel~tlon+ e ^ r i1~ , . ' ®p8r~u~1#y or,Requlr met r ~ $o;denflie~oentn nitysNeeds.w F, ; , t V$ Ease of use for message • Live Link mini-studio - Interactive providers and receivers. communications vehicle for community t s. groups, schools and local governmen • New Channel Lineup with more continuous programming, less character generation (text messages). Access opportunites for all • PEG Access Channels, programming lowest tier (available to th l within the service area. e e on availab all subscribers). • Transition to 13 council built-in production systems throughout the service area includes opportunities for community programming in addition to government meeting coverage. • Outreach Productions in parternship with Access to education and educational/school/youth groups. information resources. ° PCC telecourses, educational programming via satellite. • Enhanced level of local educational televsion partnerships and programming. Afechanisms to create and • Prevue Channel Listings on TCI through hance awareness of TVCA fundraising efforts. en ° Promotional Spots for PEG Access PEG Access programming. Programming on other TO Channels. • TVCA Communications Plan w/ additional publicity mechanisms (TED). • Regular schedule for Community Needs Ability to measure Assessment and Evaluation activities (e.g. performance and impact Viewer Surveys, Focus Groups, Individual of PEG Access resources. Interviews with Stakeholders). • Regular "video show and tell" reports about PEG Access impacts to MACC Commission. -18- v ^ t ollo~riing ino'id ALL (A-D) ALL ALL j ALL ALL ALL C-2 , ALL ALL itm `~l~' w MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council FROM: William A. Monahan, City Manager DATE: August 6, 1999 SUBJECT: School District for Representation Superintendent of the Tigard-Tualatin School District Russ Joki contacted me to advise that the School District would be creating a bond measure study committee. The School Board of Directors would like to know if the Mayor will appoint a Council member to serve on the study committee. Each City within the service boundaries of the district will be asked to appoint a member to the committee. The activities of the study committee will begin in September, and will continue until February, 2000. According to Russ, it is expected that- the study committee will meet several times per month between September and February to evaluatp, the need for a bond measure and the components of the measure. The District is looking at a measure for submittal to the voters in November, 2000. During the Study Session portion of the August 10, 1999 Council meeting, Council will be asked to determine if a member of Council should participate in the study committee. WAM\jh \\TIG333\USR\DEPTSWDM BILLW(jG699.5.DOC N O Z o cc co ® m a m 0 U A ~ ~ U b W U '0 o a o a ~ 4 , .5 o O C/ (U d to 's y U ) y h Q ti b W ~ F c N . O 3 5 cad Y 4.1 u 0 0 co m ° I 1 ~ 1 U l d d 00 A rn U a. U 3 . a: c; P.. a a ° a c o r+ N 0 cc U o E- a > V a q 5 , i~• C Q q CA ~ O tu ' N N 0 ' 4) ~ a A a ° O x W v (u a > d c o V. ¢ b u v GA 3 ; .S ca 5 N rn en t b !2 3 E ° x w " N w ; O u ca q GY, d a~ C7 e o r. oo t, 14 m z a z (3 R a ~3 x O H d U o c- A o U d o o t~ ai s. U o ar a c . 00 A r x a o b a x a o a q ~ x ~ a~ai C> r. RS N a ' O - U N O w .C.J' O a 7 b O ci a cd ~ O W a~ o U ' a~ ° y > A o N a co W a~ W U w 4.. O 3 a U ; ~o o > °C lu ~s b x .p 4 9 O ~ e G V w di O w ' a r. 4. 0 a Z U V~ u 4) as N o o~ td > c ° k!O 3o a~ y 3 w a a " w x aw i o x W > o ~ U H W : a :5F -P ~z o :2 ~ o A 3 a u a: m u 1 4'.. r 1.. F 3 n ~ 7 ~ W , . s' a C ~ O W rA F,. y.p d w ~ O k C O ck V! a yyo •0 f~ U Ca r + .Y4'~ i O U ON 000 0% ai ` ' 'd ab Q O\ Q ciA' a ° o , o ~ o i O~ ON t:fY co N 3 N y q t a a C v-~ aoi ~ 3 c cn i ~ ~ • Frl Q~ ~ rT .O a . ~ y W (U O U k"~ : O C~ b O o o A ` u a a a y ~ ~ MEMORANDUM CITY OF TIGAR'D, OREGON Agenda Item No. 3-a b of Z I C) I q TO: Honorable Mayor and City Council FROM: Bill Monahan DATE: August 3, 1999 SUBJECT: COUNCIL CALENDAR, August 1999 - October 1999 Regularly scheduled Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. August *10 Tues iouncii rVIM iug ku:Jv Y.,,a.) Study Session - Business Meeting * 17 Tues Council Workshop Meeting (6:30 p.m.) 21 Sat Tigard Daze Parade (10:00 a.m.) * 24 Tues Council Meeting - (6:30 p.m.) Study Session - Business Meeting September 6 Monday Labor Day Holiday - City Offices Closed * 14 Tues Council Meeting (6:30.p.m.) Study Session - Business Meeting * 21 Tues Council Workshop Meeting (6:30 p.m.) * 28 Tues Council Meeting - (6:30 p.m.) Study Session - Business- Meeting October * 12 Tues Council Meeting - (6:30 p.m.) Study Session - Business Meeting * 19 Tues Council Workshop Meeting - (6:30 p.m.) * 26 Tues Council Meeting - (6:30 p.m.) Study Session - Business Meeting 1.\adzn\catby\council\cccal.doc AGENDA ITEM # 3 a G FOR AGENDA OF 08/10/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Expenditure of Forfeiture Funds PREPARED BY: Chief Ron Goodyaster DEPT HEAD OK P19- CITY MGR OK ISSUE BEFORE THE COUNCIL The purpose of this information is to inform Council of this expenditure from the forfeiture fund. STAFF RECOMMENDATION Accept advisement. INFORMATION SUMMARY The June 25, 1999 City Attorney bill had a total of $1,344 for services they provided the Police Department in seizing property pursuant to narcotics investigations. The Oregon law and Tigard Municipal Code allows monies from the forfeiture fund to be used for these expenses. Pursuant to TMC 7.78.080 the purpose of this information is to advise you that forfeiture funds are going to be used to pay this bill. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY FISCAL NOTES After this payment, there will be approximately $50,000 remaining in the forfeiture fund. kkitywidelsum.dot J\k AGENDA ITEM 3, 3 For Agenda of: Augug 10, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 1~ ~ ITY ADMIN OIL PREPARED BY: Julia Powell Haiduk DEPT HEAD O% ISSUE BEFORE TIiTE COQ Should the City Council initiate Vacation proceedings involving an approximately 2,899 square foot portion of on SW Main Street? STAFF RECOMMFNDATM It is recommended that Council initiate vacation proceedings by adopting the attached resolution which sets a formal public hearing date on the vacation for September 28, 1999. INFORMATION SUMMARY the City Council begins the In the City vacation process of streets, easements and other public dedicated areas, process by passing a Resolution to schedule a formal public hearing to consider such requests. Roger Anderson, on behalf of Rim and Fran Gritzbaugh is requesting that the City Council initiate Vacation proceedings for an approximately 2,899 square foot portion of public right-of-way on SW Main Street adjacent to 12575 SW Main Street. The right-of-way had previously been dedicated and utilized as right-of-way, however when Main Street was realigned to line up more perpendicularly with the Pacific Highway/Johnson Street intersection, this portion of right-of-way was a remnant. It is located outside of the curb line and sidewalk area. Currently it is paved with asphalt and used for parking by patrons of the adjacent building. The applicant's have requested the area be vacated to allow them to legally utilized and maintain this area. Appropriate agencies shall be contacted for comments prior to developing a report for Council consideration. Attachments: Exhibit A - (Letter Requesting Initiation for Vacation) Exhibit B - (Site Plan) Exhibit C - (Legal Description) Exhibit D -(Vicinity Map) Take no action at this time. FiS('~i, NOTES There is no direct fiscal impact as a result of this request as all fees have been paid by the applicant. 8/10/99 Council Initiation of portion of SW Main Street Public Right-of-Way Vacation Proceedings i:\citywidclsum\vacmain.sum Julia PH 28-July-99 AGENDA ITEM # -3-+ FOR AGENDA OF August 10, 1999 CITY OF TIGA M, OREGON COUNCIL AGENDA ITEM SUNIlVIARY ISSUE/AGENDA TMa. Amendment to Resolution 99-18 4 . PREPARED BY: oskin DEPT HEAD OK C/ MGR OK L4/- ISSUE BEFORE TITIE, COUNCIL Should Council amend Resolution 99-18, a resolution to increase building permit fees? STAFF RECOMMENDATION Staff recommends approval of the amended resolution. INFORMATION SU11'IMARY Due to calculation errors, the new building permit fee schedule, approved with Resolution 99-18 shown in "Appendix 1", should be corrected to read as shown in the proposed amended resolution. Calculations were originally completed by hand and minor errors were made. The errors affect our computerized automatic calculation process and failure to correct them will cause expensive revisions to our computer tracking system. The corrections will increase building permit fees with a value up to $25,000.00 by $1.50, permits with a value up to $1,000,000.00 by $20.00, and permits with a value of $1,000,001.00 and up by $45.00. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMM ITEh S 1'KAit-li y N/A FISCAL NOTES Corrections to the fee schedule will provide minor revenue increases to the City. i.titywid6sumaa AGENDA ITEM # 4 FOR AGENDA OF August 10. 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Youth volunteers involvement with the Ci of Tigard PREPARED BY: Susan Koen in DEPT HEAD OK •1 4& CITY MGR OK J ISSUE BEFORE THE COUNCIL Report on the involvement of youngsters in City of Tigard volunteer activities. STAFF RECOMX4ENDATION Youngsters in Tigard contribute extensive hours, energy and enthusiasm as they perform volunteer activities. Their involvment should be encouraged, recognized and expanded. INFORMATION SUMMARY Younger members of the Tigard community volunteer with their families, school, church or scout groups and as individuals. They perform a variety of tasks in the Library, Community Development, Police and Public Works Departments as well as contributing during the Balloon Festival and other special events throughout the year. In addition, students work with the Engineering Department as part of the CE-2 program as an introduction to possible career choices and the requirements of holding a job (i.e. arriving at the work site on time). While the City provides supplies and instructions, youth volunteers are most often supervised by parents, church or scout leaders, members of civic organizations and City of Tigard staff. Within the City of Tigard, 205 volunteers under the age of 18 provided 1,534 hours of service to their community from January 1, 1999 through July 26, 1999. During that same time, 28 youth volunteers contributed 350 hours in the Tigard Library. This summer youth volunteers are particularly active in Peer Court and DARE Camp, painting fire hydrants throughout Tigard, and relabeling all the pictures books in the Library as well shelving, sorting and checking in library materials. Youth volunteers are valuable to the community and the City of Tigard. In turn, we are responsible for providing them positive community service experiences and teaching them skills that will be applicable in the future. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION CMBUTTEE STRATEGY Community character and Quality of Life - Volunteerism Goal #1: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. FISCAL NOTES None ckiq-Mde\sum.dot AGENDA ITEM # 15 FOR AGENDA OF 60 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Public tieann ror i em orar a, PREPARED BY: Mathew Scheideaeer DEPT HEAD OK Y MGR OK ISSUE BEFORE THE COUNCIL Should Council approve an ordinance amending TMC 2.52.010 and TMC 18.780.120, adopting new regulations for temporary signs in the right-of-way? STAFF RECOMMENDATION Staff recommends approval of the proposed ordinance. INFORMATION SUMMARY At the March 16th, 1999, Council meeting, staff and the Council discussed ideas for removal and retrieval of illegal temporary signs within the public right-of-way and assessing fines to recover the costs of removal. As a result of that meeting, Council asked staff to draft an ordinance, which provided for fines for illegal signs within the public right-of-way, while allowing for political signs during election periods. Staff worked with the City Attorney's office to prepare a draft ordinance. At the June 15th, 1999, Council meeting, the proposed temporary sign ordinance was presented. After reviewing the problems of allowing temporary signs in the public right-of-way and remaining content neutral, Council agreed that all temporary signs, including political signs in the public right-of-way, remain illegal and be declared as abandoned property. If sign owners want to retrieve their property from the City, a retrieval fee will be assessed for the cost of removal. The attached ordinance makes temporary signs abandoned property in Municipal Code 2.52.010. It also adds, under 18.780.120 (C), that the owner of illegal signs in the right-of-way shall pay charges and expenses incurred from the retrieval of those signs. On July 19th, 1999, the Planning Commission held a public hearing for the temporary sign collection and retrieval policy (staff report attached). The code amendment was unanimously recommended for approval. There was testimony at the public hearing by Paul Owen of the Summerfield Homeowners Association and Bev Froude. Mr. Owen brought up certain concerns for the need of "no soliciting" signs in the Summerfield development. Staff met with Mr. Owen and provided alternatives to meet the Association's needs without signs being placed in the right-of-way. Ms. Froude indicated that her Christmas tree business, as well as other seasonal businesses, need to be able to place signs in the right-of-way. The Commission suggested that she take her concerns to the Council. ! V OTHER ALTERNATIVES CONSIDERED 1. Stay with the current enforcement procedures. 2. Introduce a citation policy that would allow the Code Compliance Specialist to write monthly citations until the problem is resolved. VISION TASK FORCE GOAL AND ACTION CON IITTEE STRATEGY N/A FISCAL NOTES Adoption of this ordinance would generate revenue for the City of Tigard to help cover the cost of sign pick-up. C\ciyWde\cWee ftgn.onD.&c Agenda Item: 5.1 Hearing Date: July 19, 1999 Time: 8:00 PM 1. APPLICATION SUMMARY CASE: FILE NAME: TEMPORAWt SIGN RETRIEVAL POLICY Zone Ordinance Amendment ZOA 99-00001 PROPOSAL: The zoning ordinance amendment would amend the Community Development Code (Section 18.780.120(C)) and Municipal Code (SeU'Lloi-, rn to declare signs in the public right-of-way as abandoned property and establish a retrieval fee for sign owners. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, Oregon 97223 ZONING DESIGNATION: N/A LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2, Tigard Comprehensive Plan Policies 1.1.1 a., 2.1.1, 2.1.3, Community Development Code 18.380.020, 18.390.060(G) and 18.780.120(C), Municipal Code 2.52.010. II. STAFF RECOMMENDATION Staff recommends approval of the proposed ordinance program according to the findings found in Section III of this report. III. BACKGROUND INFORMATION On March 161 1999 City Council directed staff to draft a sign ordinance under the Temporary Sign section of the Community Development Code (Section 18.780.070). The ordinance would allow political signs to be located in the public right-of-way 7 days before Staff Report City of Tigardrremporary Sign Retrieval Policy Page 1 and 7 days after the dates for elections and establish a collection fee for illegal temporary signs. According to the City's Attorney, allowing political signs in the public right-of- way during election periods would have to be content neutral, meaning all temporary signs would have to be allowed during election periods. At the June 15"' 1999 Council workshop meeting, the proposed ordinance was presented. After reviewing the problems of allowing temporary signs in the public right-of- way, Council agreed that all temporary signs in the public right-of-way remain illegal and be declared as abandoned property. If sign owners want to retrieve their property, a retrieval fee will be assessed for the cost of removal. The attached ordinance makes temporary signs abandoned property in Municipal Code 2.52.010. It also adds under 18.780.120(C) that the owner of signs in the right-of-way shall pay charges and expenses incurred from the enforcement of temporary signs. On July 19th, 1999, Planning Commission held a public hearing for the Temporary Sign Collection & Retrieval Policy. The code amendment was unanimously recommended for approval. There was testimony at the Public Hearing by Paul Owen of the SUmmerfield Homeowners Association and Bev Froude. Mr. Owen brought up certain .....,..err+cf^r +kg%% nnerl of nn gr%li lifi nn cinng in the qummerfield Development. Staff met vvwv. w with Mr. Owen and provided alternatives to meet the Associations needs without being in the right-of-way. Ms. Froude indicated that her Christmas tree business as well as other seasonal businesses need to be able to place signs in the right-of-way. The Commission's suggested that she take her concerns to the Council. IV. APPLICABLE REVIEW CRITERIA AND FINDINGS LCDC Goals: Goal 1 - Citizen Involvement. Notice of the hearings and opportunity for response was advertised in the local newspaper and request for comments were sent to all CITS, DLCD, and all utility companies. Goal 2 - Land Use Planning. Adoption of implementation measures is provided for under Goal 2 and ORS 197. The proposed ordinance requirements fine-tune existing adopted and acknowledged ordinance requirements. Comprehensive Plan Policies: 1.1.1 a. - This policy requires that legislative changes are consistent with statewide planning goals and the regional development plan. The findings above address statewide goals. 2.1.1 - This policy requires an ongoing citizen involvement process. The amendment was legally advertised. Staff Report City of Tigard/Temporary Sign Retrieval Policy Page 2 . 2.1.3 - This policy requires that information on issues be available. The staff report and findings, and proposed ordinance have been available for review since Other No Metro regulations are applicable and no other state or federal regulations are applicable. Community Development Code: Chapter 18.380.020 - Indicates all legislative amendments are to follow 18.390.060(G). Chapter 18.390.060(G) - Establishes the review procedure and criteria that must be followed and as addressed in this report. +r, ,harnP ownpfS of Chapter 18.780.120(0) - T hIs coin sec.~~„ G„~•.~ temporary signs in the right-of-way for the expenses in enforcing this section. Municipal Code: Chapter 2.52.010.- This code section establishes temporary signs in the public right-of- way as abandoned personal property. V. OTHER STAFF COMMENTS N/A VI. AGENCY COMMENTS N/A 6/ 28 /99 PREPARED B~-M the heideg er-, Code Compliance Specialist Staff Report City of Tigard/remporary Sign Retrieval Policy Page 3 FAX TRANSMITTAL Cate August 9, 1999 Number of pages including cover sheet 2 To: Honorable Mayor & City Council From: Cathy Wheatley. Cily Recorder Co: Co: City of Tigard Fax Fax 684-7297 Ph 639-4171. Ext. 309 SUBJECT: August 10 Council Meeting - Additional Information for Agenda Item No. 5. Temporary Sign Ordinance Amendment MESSAGE: Here is a memo from Matthew Scheidegger responding to Bev Froude's comments (as noted in the staff report) concerning temporary signs in the right of way. This memo will become part of the Council record for the August 10, 1999, Council meeting for Agenda Item No. 5. I:\ADM\CATHY\000NCIL\FAX TRANSMITTAL - TEMP SIGNS 8-10-99 PACKET ADDN.DOC Cvpy Me Move - (~i+j attLj cjC, 1.\ENOWA%AOT MEMORANDUM CITY OF TIGARD, OREGON TO: City Council FROM: Mathew Scheidegger DATE: August 9, 1999 SUBJECT: Signs in right-of-way I "Q Bev Froude expressed the need to aliuw te111 .-ar` o;p- in the public right-of--way. Ms. Froude has historically used ODOT right-of-way to place a temporary sign directing traffic to her Christmas tree farm during the Christmas season. Last year she was directed to remove the sign because it was located in a clear vision area. At the Planning Commission hearing, Ms. Froude indicated that at least one other person would want to do the same. Ms. Froude indicated she believes the public right-of-way should be able to be used by citizens. Star feels that because of content neutral issues, exemption of any signs is not possible. There are opportunities to place signs on private property with the permission of the owner. E s nainaiaa 'I n•AR VPNnA RRd 7297 CITY OF TIGARD im 001 TX/RX NO. INCOMPLETE TX/RX TRANSACTION OK xxEE#*xEE*xE##E#xE#x#ESE#xE###xx#x## Exx MULTI TRANSACTION REPORT x*#xxE#xxs#xxxxxssx##x*sxES#ssx#xaxs 8111 [ 011 5900371 [ 021 639 5697 [ 031 6030461 [ 041 6208759 [ 051 684 3636 [ 071 243 2944 JOYCE PATTON KEN SCHECKLA BRIAN MOORE PAUL HUNT IM NICOLI CITY ATTORNEY ERROR 1*r AGENDA ITEM # FOR AGENDA OF _Z1 1 D ISSUE/AGENDA TITLE CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY PREPARED BY: R. Poskin« DEPT HEAD OK 4 Y MGR OK ISSUE BEFORE THE COUNCIL Under Tigard Municipal Code, Title 14, Section 14.04.040, Subsection (c), Council is granted the authority to administer building codes established by law under ORS 455, and to establish fees necessary in the administration and operation of the building division. The matter before Council is the resolution for a nrnnncPrl fee increase. STAFF RECOMMENDATION Adopt the fee proposal and resolution. INFORMATION SUMMARY As Council is aware, the proposed fee increase for fees affecting the One and Two Family Dwelling Code, Mechanical Code, and Structural Specialty Code authorized by Council under resolution 99-18, was appealed by the Greater Portland Building Contractors Association. The subsequent ruling by the State of Oregon Building Code Division approved the fees for the One and Two Family Dwelling Code and mechanical code, however, the fee increase request for the Structural Specialty Code was denied. The denial was based on the omission of information fully supporting the city's request for the increase. Without this essential information, the hearing officer concluded she could not support an affirmative recommendation to the Director of the Building Codes Division. Staff was directed to undertake a full and thorough study of actual permits issued, fees collected, and number of inspections for the years 97/98 and 98/99. Based on this new analysis, staff assembled a new proposal and on 7/7/99, in a meeting with the State Compliance Officer, reviewed with him the package for the fee increase. The Compliance Officer recommended a few changes, which are included in the proposal now before Council. The actual fee increase required is 89%, however, based on Council's previous direction, we are proposing an increase of 51% for the first year, with a subsequent review in the following year. OTHER ALTERNATIVES CONSIDERED None c,i'l- L`/ , VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES Upon receiving formal notification by the State Building Code Division, that our request for a fee increase affecting our Structural Program was denied, the Community Development Director requested staff undertake a loss projection study. The following information is provided. With the approval of a 51 % increase, the projected reven=ue loss for the fise?t year 99/00 will be $73,860.00, leaving a balance in our reserve fund of $7,890.00. This effectively reduces our ability to create a 6 month reserve over the 5 year projected period outlined in our proposal to the State. An 89% increase will establish a positive balance and a 5.96 month reserve account. Our dedicated fund is in jeopardy, and without a quick response, extreme measures will be necessary which may reduce our effectiveness and service standards. Under the provisions of Tigard Municipal Code, Section 3.32.050, " After January 1, 1983, adjustments in the rate of fees and changes shall be reviewed by Council, on or before July 1St of any year. The Council shall consider the following in adjustments to fees and charges: (a) the Portland Consumer Price Index, Based on a value of $100,000.00 the permit fee in 1983 was $433.00. The fee for the same value in 1999 is still $433.00. Using an average 4% CPI over the last 16 years, this same permit would now be $811.00, an increase of 87%. iAci*-Mde\s=.dot AGENDA ITEM FOR AGENDA OF: August 10, 1999 . CITY OF TIGA.1-4D, OREGON COUNCIL AGENDA ITEM SUMMARY BY: Dick B DEPT HEAD STAFF RECOMMENDATION Adopt the attached ordinance and findings. INFORMATION SUMMARY Staff has been working with the City Attorney's office and with the City Council concerning various provisions of the Development Code that need clarification. Some of the sections and proposed amendments relate to the US Supreme Court decision in 1994 relating to dedication and rough proportionality. Amendments relative to this issue provide greater assurance of compliance with Dolan. Other sections have been found to be ambiguous as to meaning. The Council approved a Director's Interpretation concerning some of the issues on July. 13, 1999. The attached proposed ordinance amendments were drafted by the City Attorney's Office and are another step in the evolution of improving the code language. The Planning Commission held a public hearing on July 19, 1999 and recommended approval of the amendments. The staff report and ordinance language is attached. Additions are redlined and deletions are shown with strikeout. Changes include some relating to public improvement as well as some relating to procedure, including clarification of effective dates. For Type II procedures, the revisions make it clear that the final local appeal is to the Hearings Officer. This is as was intended in the code rewrite and is consistent with the City Attorney's conclusion of existing ambiguous language in the code. OTHER ALTERNATIVES CONSIDERED 1. Leave ordinance as is. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY NA FISCAL NOTES NA i Acwpln\dick\C1aamd.s= 0 , (-Z- Should the City Council adopt the attached ordinance and findings to clarify the intent and wording of the Code? 1. ,.4 AGENDA ITEM # 8 FOR AGENDA OF 8/10/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Ci -Metro wooaara varx rx anion i,.lrt PREPARED BY: Duane Roberts DEPT HEAD OK ITY MGR OK ISSUE BEFORE THE COUNCIL Should Council authorize the Mayor to sign the attached Intergovernmental Agreement with Metro for the development and management of a Metro-purchased 6-acre property abutting the city's 3-acre Woodard Park? STAFF RECOMMEN VA 11UN Council approve the agreement. INFORMATION SUMMARY Metro purchased Tigard tax lot 2S1 02BB 600 as part of its Greenspace acquisition program. This parcel is located along the northern edge of the city's Woodard Park and includes a horse pasture, barn, and home site. Fanno Creek flows through the western portion of the parcel and approximately three-fourths of the property is floodplain. The city, with neighborhood participation, developed a joint master plan for the city park and Metro Greenspace properties, which was reviewed and approved by Council in a public hearing held in March of this year. As depicted in the attached master plan map, the plan contains a mix of recreational uses, including an informal sports field, toddler play area, picnic shelter, and Fanno Creek pathway alignment. It also includes a one-acre wetland enhancement along the creek, which is proposed to be undertaken by ODOT as off-site mitigation for a wetland disturbance. Council approval of the IGA will allow the city to implement the Woodard Park expansion plan. The portion of the Metro property occupied by the single family house is not included in the agreement and will continue to be managed by Metro. The term of the agreement is 20 years, with renewal by mutual consent for additional 10- year periods provided. Ten years is the standard length for Metro Greenspace management agreements. In this instance, Metro agreed to revise the initial term to the longer period at the city's request. This provides greater protection for any future city investments in park improvements. The IGA has been reviewed and approved as to form by the City Attorney. OTHER ALTERNATIVES CONSIDERED Do not authorize the Mayor to sign the IGA. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The Community Aesthetics Goal #1 calls for "Developing strategies to balance needs of new and infill development with the need to provide protection of defined aesthetic qualities valued by those who already live and work in Tigard." FISCAL NOTES The property covered by the proposed IGA was purchased by Metro using regional Greenspaces dollars. The IGA allows the city to triple the size of Woodard park at no expense to the city for the use of the land. However, the city is solely responsible under the IGA for the cost of any improvements to the Metro property. At the same time, the IGA does not obligate the city to carry o>;t any of tie i,-nprovPments identified in the master plan. The proposed wet.and enhancement will be undertaken by ODOT at its own expense. Metro local share dollars may be used to fund construction of the ten-foot wide, multi-modal Fanno Creek trail through the old and new park areas. The city tree fund may be used to pay for tree planting activities along the creek. i:\ciq-MdeNsum\woodard.IGA / • tip.. t > TmvXd STRUT mean „•i;~ , + 4 + ~i 1\ - --EF / awe Y y • \ . ~ ~ ~ -XII , , 7:::~ ' ! 1 ,oa4n ANMD 4 T • ti -~G03 tUe1VC$CMU7t7.-- - l Tw M" -~E~GL~OL~A7dJUL5T071L! AM Ql[ISAG'~SUIIIII6l787 RiY1[°-0, \ I t 00 1~ ~ f ° ~asua;mr ° rAKXZUnteres o L January 1999 ° XA;$ o p r NORTH rer 'OODARD Pte. City of Tigard CONCEPTUAL PLAN 13125 SW Hall Blvd,. r3},X Tigntd. Oreann 97223 CITY OF TIGARD, OREGON RESOLUTION NO. 99-J-1 A RESOLUTION OF THE TIGARD CITY COUNCIL ADOPTING A CONCEPT PLAN FOR THE DEVELOPMENT AND EXPANSION OF WOODARD PARK WHEREAS, the City Council in February 1997 appropriated funds for the preparation of a master plan for Woodard Park and an abutting seven-acre area; WHEREAS, a consultant was hired in October 1997 to work with neighbhorhood residents, the Planning Commission, and a citizen task force on the development of the plan; and WHEREAS, the master plan process has insured the opportunity for all citizens and other interested parties to be involved in all phases of the development of the Woodard Park concept plan; and WHEREAS, the Tigard Planning Commission, followuig a public hearing held on February 1, 1999, endorsed the Woodard Park Concept Plan with two revisions; and WHEREAS, the seven acres within the area propsed for the expansion of Woodard Park were purchased by the Metropolitan Service District using regional Greenspaces funds; and WHEREAS, Metro will allow the City to operate and manage the seven acres as part of the city park system, subject to the approval of a master plan for the site. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (enter info here) SECTION 1: The Tigard City Council adopts the Woodard Park Concept Plan as modified by the Tigard Planning Commission and directs City staff to forward the plan for Metro Council review and approval. SECTION 2: Any future improvements or modification to the old and new portions of Woodard Park shall conform to the concepts contained in the the Woodard Park Concept Plan plus any modificaitons or refinements adopted by the Metro Council. VIA PASSED: This day ofj~u ATTEST: RESOLUTION NO.99- :3 Page 1 Ca7t*wrw U) City Recorder - City of Tigard iACitywide\msolutdot RESOLUTION NO.99--L3 Page 2 w G'ity of Tigard PARK SYSTEM MASTER PLAN Woodard Park Concept Plan January 1999 Prepared by: MIG, Inc. 199 East 5 h Avenue, Suite 33 Eugene, Oregon 97401 (541) 683-3193 INTRODUC'T'ION Woodard Park is a three-acre neighborhood park on Fsanno Creek near Fowler Middle School. It currently contains two play structures, picnic tables, and an asphalt trail from Johnson Street to Karol Court. Fanno Creek forms tL- boundaries on the south and east sides and floods the park almost annually. On the north, the park is bordered by residences and by seven acres recently acquired by Metro through the Greenspaces Program. According to the Fanno Creek Trail Master Plan, a segment of the trail will eventually go through both Woodard Park and the Metro property. As part of the Park System Master Plan process for the City of Tigard, bUG, Inc. was asked to develop a concept plan for Woodard Park and the adjacent Metro property. PUBLIC I IVOLVEMIENT A community workshop was held in March 1998, to gather input from neighbors and other interested community members about the future of this neighborhood park and the adjoining acreage. MIG, Inc., led a site tour and, following the tour, facilitated a design workshop at Fowler Junior High School. Participants shared comments and observations, which were recorded on a large wallgraphic. They also submitted written comments. In general, the direction from the community was to go gently, make only minimal changes, keep the natural character, and provide picnic tables, benches, children's play areas, and a place for horseback riding. (For a complete summary, see Woodard Park Workshop Report, March 7, 1998.) A second workshop was held in May in conjunction with the Citizens Involvement Team meeting. The purpose was to present two concepts in response to needs and concerns expressed during the first workshop. One concept showed recreational facilities on the existing Woodard Park site, and trails on the north acreage. The second concept was designed with minimal recreational facilities on the Metro property to the north, and floodplain and riparian restoration on the south. Both concepts included a proposed wetland mitigation area on Metro property that had been requested for use by Oregon Department of Transportation. Participants expressed a preference for the alternative showing recreational facilities on the north out of the floodplain, with the lower south side designated four floodplain and riparian restoration. COORDINATION WITH METRO Subsequent communications with Metro staff resulted in ■ the removal of basketball/wall ball court to reduce the amount of impervious surface; the removal of soft-surface trail where it was redundant or where it might result in stream or wetland degradation; and the removal of a wetland overlook. MIG, Inc. Page. 1 City of f Tigard Park Sysdem Master Plan CONCEPTUAL PLAN January 1999 Woodard Park Concept Plan The resulting plan responds to the needs expressed by the community and the concerns articulated by Metro staf. The main entrance to the park has been relocated to the north. A paved entrance and turnaround off of Katherine Street provide convenient access to children's play areas, a covered picnic area, restrooms, and Fanno Creek Trail. An open field for informal play lies to the south of Fanno Creek Trail. A soft surface trail allows park users to walk along the edge of the enhanced wetland. The existing barn is proposed for renovation as a padc shelter. The southern portion of the park is devoted primarily to tloodplain and riparian restoration. An all-weather trail leads to a creek overlook, and provides a connection to Fanno Creek Trail and to additional recreational facilities on the north. Fanno Creek Trail enters the park at the eastern boundary, skirts the perimeter, and exits at Tiedeman Street. Picnic tables and benches are scattered along its length. All four park entrances will be ADA accessible. COST ESTE14ATE A preliminary cost for renovation and expansion of Woodard Park is included on the draft Ten-Year Capital Improvement Plan included in the draft Park System Master Plan. MIG, Inc. Page 2 . . 3 on Ink" C4+ 052298 EXHIBIT "A" ~ J ky.- , to Resolution 99-2816 INTERGOVERNMENTAL AGREEMENT Woodard Park/Lowery Property This Intergovernmental Agreement ("Agreement") dated this ' day of 1999, is by and between Metro, a metropolitan service district organized under the laws of the state of Oregon and the 1992 Metro Charier, located at 600 Northeast Grand Avenue, Portland, Orp-gon, 97232-2736 ("Metro"), and the City of Tigard, located at 13125 S.W. Hall Boulevard, Tigard, Oregon 97223 ("the City"). WITNESSETH: WHEREAS, on May 16, 1995, voters approved Ballot Measure 26-26, Open Spaces, Pe s, and Streams, authorizing Metro, a metropolitan service district organized under the laws of the State of Oregon and the 1992 Metro Charter, to issue up to $135.6 million in general obligation bonds for the protection of open spaces, parks and streams ("Metro Open Spaces Bond Measure"); and WHEREAS, the Fanno Creek Greenway was identified as a regionally significant open space in the Metro Greenspaces Master Plan, and the Fanno Creek Greenway Target Area was subsequently established pursuant to the Metro Open Spaces Bond Measure; and WHEREAS, pursuant to the Metro Open Spaces Bond Measure, Metro acquired real property from the Lowery family, located within the Fanno Creek Greenway Target Area, along Fanno Creek at 10270 SW Katherine Street, commonly known as Tax Lot 00600, Township 2 South, Range 1 West, Section 2BB, in the City of Tigard, County of Washington, State of Oregon, and more particularly described in Exhibit A attached hereto and incorporated herein (the "Lowery Property");- and WHEREAS, on June 9, 1997, Metro purchased the Lowery Property with proceeds from the Metro Open Spaces Bond Measure to preserve it as open space in accordance with the measure; and WHEREAS, the City wishes to operate, manage, and maintain a portion of the Lowery Property, as described in Exhibit A-1 attached and incorporated herein (hereinafter, the "Property"), which excludes the Lowery house, garage, and access drive, which shall remain Metro's responsibility; and WHEREAS, on March 2, 1999, the City passed Resolution 99-13 adopting the Woodard Park Concept Plan, attached hereto as Exhibit B and incorporated herein; WHEREAS, Metro and the City wish to preserve the Property as open space, provide for passive recreation, and provide for improved wetland habitat, in accordance with the Woodard Page I - Woodard Park/Lowery Property 1GA i:\docs# 14.os\06region.trl\05fanno.crk\Jowery-tigard iga 062399.doc OGC/JM/smlmj 06/23/99 052298 Park Concept Plan, the Metro Open Spaces Bond Measure, and the Metro Greenspaces Master Plan; WHEREAS, the Oregon Department of Transportation ("ODOT") by letter, dated April 21, 1999, proposed to implement a wetlands mitigation plan on the Property, to improve Fanno Creek's wetland vegetation and riparian habitat; WHEREAS, on 1999, the City Council authorized the City to enter into this Agreement and to manage, operate and maintain the Properly in accordance with the terms set forth in this Agreement; WHEREAS, on 1999, the Metro Council authorized Metro to enter into this Agreement to provide for transfer of management responsibility for the Property in accordance with the terms set forth in this Agreement; and WHEREAS, Metro and the City wish to enter into this Agreement to provide for the responsibilities and obligations of the parties with respect to the acquisition, allowable uses, maintenance and operation of the Property; NOW, THEREFORE, the parties agree as follows: A. Management Maintenanm and Operation 1. The City shall be responsible for the ongoing management, maintenance, and operation of the Property in accordance with the terms of this Agreement. 2. The Property shall be managed, maintained and operated in accordance and in a manner consistent with this Agreement, Metro's Greenspaces Master Plan, the Metro Open Spaces Bond Measure, the Woodard Park Concept Plan, and ODOT's Conceptual Wetlands Mitigation Plan (collectively, "the Plans"). These Plans shall constitute the Resource Protection Plans for the Property, as described in the Metro Greenspaces Master Plan. In case of conflict among Plans, the Plan affording the highest level of resource protection shall govern. 3. If Metro executes an agreement to purchase additional property within the Fanno Creek Greenway.Target Area which Metro would like the City to manage under the terms of this Agreement, Metro shall notify the City in writing in the form attached hereto as Exhibit C ("Notice of Acquisition"). The City shall notify Metro if the City does not wish to accept management responsibilities for that additional property in accordance with this Agreement, using the City's best efforts to make this notification prior to the closing date for the acquisition. If the City has not so notified Metro within thirty (30) days of receiving Metro's Notice of Acquisition, then the City shall be deemed to have accepted the additional property for management, maintenance and operation responsibilities in accordance with the terms and conditions of this Agreement. Page 2 - Woodard Park/Lowery Property IGA i:\docsal4.os\06region.trl\05fanno.crk\lowery-dgard iga 062399.doc 0GG3M/smimi 06/23/99 052298 4. Metro grants to the City, its agents and contractors, the right to enter the Property for the purpose of performing all o=t:vities reasonably necessary for the management, maintenance and operation of the Property under the Plans. 5. The term of the City's management, maintenance, and operation responsibilities for the Property shall be twenty (20) years from the date of this Agreement. This Agreement shall renew automatically for an additional ten-year term, unless earlier terminated under Section E (4-5), or unless either party provides notice of intent not to renew prior to the expiration of the current term. C. Limitations on Use 1. The Property shall be managed, maintained and operated in accordance with its intended use as natural area open space, with the primary goal being protection of the Property's natural resources, enhancement and protection of wildlife habitat, and public recreation consistent with the foregoing. 2. The Property may be used by the public, in the City's discretion, for preservation, restoration and enhancement of riparian vegetation and wildlife habitat, passive recreation, pedestrian activity, and non-motorized bicycle use. The City shall give Metro ninety (90) days' advance written notice of its intent to construct any improvements, trails, or alteration of water or timber resources on the Property. Such notice shall demonstrate, to Metro's sole satisfaction, consistency with Metro's Greenspaces Master Plan and the City's Woodard Park Concept Plan. Metro shall have the right to approve of the items contained in the notice, which approval shall not be unreasonably withheld. In any event, no improvements or trails shall be constructed on the Property and no alteration of water or timber resources shall occur that are inconsistent with this Agreement or with the Plans. The City's Woodard Park Concept Plan provides for a proposed ODOT wetlands mitigation project, further described in ODOT's Conceptual Wetlands Mitigation Plan, attached hereto and incorporated herein as Exhibit D. In exchange for ODOT wetlands enhancement performed pursuant to the Conceptual Mitigation Plan, ODOT requires a perpetual wetlands mitigation easement over that portion of the Property enhanced for mitigation. The terms of the wetlands mitigation shall be subject to Metro approval. 3. Metro shall have the right to review and comment on any changes in the Plans relating to the management, maintenance, or operation of the Property. Any changes in the Plans made or proposed by the City that relate to management, maintenance, or operation of the Property shall not conflict with the guidelines set forth in this Agreement, in Metro's Greenspaces Master Plan, or with the uses and restrictions described in the Metro Open Spaces Bond Measure. The City shall give Metro written notice as soon as possible, but in no event less than 90 days, in advance of a proposal to amend the City's Plans, where such amendment would alter the City's management, maintenance or operation of the Property. 4. The Property shall not be subdivided or partitioned, nor shall any development rights, timber rights, mineral rights, or other rights related to the Property be sold or otherwise granted, nor Page 3 - Woodard Park/Lowery Property IGA i:\docs#l4.os\06region.trN5fanno.crk\lowery-rigard iga 062399.doc OGC/]M/snVUj 06/23/99 052298 shall there be any alteration of any water or timber resource, except as necessary for construction of trail or other improvements, for the purpose of enhancing wetlands and improving resource values, or as necessary to protect public safety. 5. Metro has implemented the following stabilization and security measures prior to executing this Agreement. On the date of this Agreement, the City shall assume all continuing maintenance obligations for these measures: Mowing the upland portion of the Property; Controlling access to the Property through gates and fencing, to prevent unauthorized use and illegal dumping; and Y Managing "danger trees," to prevent damage to surrounding property. 6. The City shall maintain security of the Property, and shall provide additional fencing, gates, signage, and other measures as the City may deem necessary to increase safety on the Property, and to preserve and protect the Property's natural resources. D. P=itc Easements. Assessments. Coordination with Other Public Agencies 1. As stated in Metro's Greenspaces Master Plan, by accepting management responsibility for the Property, the City agrees to be responsible for funding the operation and maintenance of the Property with the City's own resources. The City's management responsibility shall include responsibility for all taxes or assessments for the Property. 2. The City shall be responsible for obtaining any permits necessary for management, maintenance or operation of the Property. 3. Any permits granted by the City to users of the Property shall comply with the terms and limitations set forth in this Agreement and in the Plans. 4. The City shall be responsible for contacting and coordinating with other local or state agencies regarding any management, maintenance or operation issues that may arise with respect to the Property. 5. All future requests for easements, rights of way, and leases on or affecting the Property shall be submitted to Metro in accordance with the Metro Easement Policy, Resolution No. 97- 2539B, passed by the Metro Council on November 6, 1997, attached hereto as Exhibit E. General Provisions E. 1. Indemnification. The City, to the maximum extent permitted by law and subject to the Oregon Tort Claims Act, ORS Chapter 30, shall defend, indemnify and save harmless Metro, its officers, employees, and agents from and against any and all liabilities, damages, claims, demands, judgments, losses, costs, expenses, fines, suits, and actions, whether arising in tort, Page 4 - Woodard Park/Lowery Property IGA iAdocsoI4.os\06region.trNSfanno.crk\lowery-tigard iga 062399.doc OGC/JM/sm/kaj 06/23/99 052298 contract, or by operation of any statute, including but not limited to attorneys' fees and expenses at trial and on appeal, relating to or resulting from the management, maintenance or operation of the Property, including but not limited to construction of trails or in relation to any other improvement on the Property. 2. Dg-Constitution and Tax FXemnt Bond oven nts. The source of funds for the acquisition of the Property is from the sale of voter-approved general obligation bonds that are to be paid from ad valorem property taxes exempt from the limitations of Article XI, section 11(b), I I(c), I I(d) and I I(e) of the Oregon Constitution, and the interest paid by Metro to bond holders is currently exempt from federal and Oregon income taxes. The City covenants that it will take no actions that would cause Metro to be unable to maintain the current status of the real property taxes as exempt from Oregon's constitutional limitations or the income tax exempt status of the bond interest. In the event the City breaches this covenant, Metro shall be entitled to whatever remedies are available to either cure the default or to compensate Metro for any loss it may suffer as a result thereof. 3. Fun ing Declaration and Signs. The City may provide on-site signs informing the public that the City is managing the site. Metro will provide on-site signs which shall be installed by the City, stating that funding for the acquisition came from Metro's Open Spaces Bond Measure proceeds. The City shall also document in any publication, media presentation or other presentations, that funding for the acquisition came from Metro's Open Spaces Bond Measure proceeds. All signs will be consistent with Metro guidelines for Open Spaces Projects. 4. Joint Termin tion for Convenience. Metro and the City may jointly terminate all or part of this Agreement based upon a determination that such action is in the public interest. Termination under this provision shall be effective upon ten (10) days written notice of termination issued by Metro, subject to the mutual written agreement of the parties. Termination for Cause. Either party may terminate this Agreement in full, or in part, at any time before the date of completion, whenever that party determines, in its sole discretion, that the party has failed to comply with the conditions of this Agreement and is therefore in default. The terminating party- shall promptly notify the other party in writing of that determination and document such default as outlined herein. The other party shall have thirty (30) days to cure the problem. Notwithstanding any termination for cause, both parties shall be entitled to receive payments for any work completed or for which that party is contractually obligated for, which completion or contractual obligation occurred prior to the effective date of the termination, provided that no party shall be obligated to make any payment except for work specifically provided for in this Agreement. 6. Law of Oregon. This Agreement shall be governed by the laws of the state of Oregon, and the parties agree to submit to the jurisdiction of the courts of the state of-Oregon. All applicable provisions of ORS chapters 187 and 279, and all other terms and conditions necessary to be inserted into public contracts in the state of Oregon, are hereby incorporated as if such provisions were a part of this Agreement, including but not limited to ORS 279.015 to 279.320. Page 5 - Woodard Park/Lowery Property IGA i:\do,~s#14.os\06region.trl\05fanno.crk\lowery-tigard iga 062399.doc oGC1JM1sn,1kaj 06/23/99 052298 7. Notices. All notices or other communir_:tions required or permitted under this Agreement shall be in writing, and shall be personally delivered (including by means of professional messenger service) or sent by fax and regular mail. To Metro: Metro Ghu}es-Gieeko Director, Metro Regional Parks and Greenspaces 600 N.E. Grand Avenue Portland, OR 97232-2736 To City: City of Tigard Community Development Director 13125 S.W. Hall Boulevard Tigard, OR 97204 g. Assignment. The parties may not assign any of its rights or responsibilities under this Agreement without prior written consent from the other party, except the parties may delegate or subcontract for performance of any of its responsibilities under this Agreement. 9. Severability. If any covenant or provision in this Agreement shall be adjudged void, such adjudication shall not affect the validity, obligation, or performance of any other covenant or provision which in itself is valid, if such remainder would then continue to conform with the terms and requirements of applicable law and the intent of this Agreement. 10. Entire Agcggn=. This Agreement constitutes the entire agreement between the parties and supersedes any prior oral or written agreements or representations relating to the Property. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. IN WITNESS WHEREOF, 7thep ies hereto have set their hands on the day and year set forth above. CITY OF TjTjARD METRO By: ' Titl _ Mavor Ci a By: Mike Burton, Executive Officer Exhibits: Exhibit A - Legal Description Exhibit B - Woodard Park Concept Plan Exhibit C - Form of Notice of Acquisition Exhibit D - ODOT Wetland Mitigation Project Plans and Easement Exhibit E - Metro Easement Policy and Metro Resolution No. 97-2539B Page 6 - Woodard Park/Lowery Property IGA i:\docs# l4:os\o6region.trl\05fanno.c*k\lowery-tigard iga 062399.doc 0GC/1M1sm'kaj 06/23/99 cc, 4 P--1 -OD Zi t~ co e 4 m f'7 -a r-r fD C3. O O er*e Di Ca. M.Wa. 0 CD rl~ ..S 0 f #A' -00 y 0 E' rA ono v C,W Cp co O W ca Cp O O O W ca ca ono W Cp cg 00 v W Cp O A ono W tp W Cfl 0 O v W Cp O O O O O W cfl ♦ to 10