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City Council Packet - 08/28/2001 I F TIGARD OREGON TIGARD CITY COUNCIL MEETING AUGUST 28, 2001 COUNCIL MEETING WILL BE TELEVISED H:Neannieldow\ccpkt3 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 t • Sess~a~~ AGENDA TIGARD CITY COUNCIL STUDY SESSION August 28, 2001 The Study Meeting Is held In the Red Rock Creek Conference Room. Enter at the back of Town Hall. The Council encourages interested citizens to attend all or part of the meeting. If the number of attendees exceeds the capadty of the Conference Room, the Cound' may move the Study Meeting to the Town Hall. > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor negotiations under ORS 192.660(1) (d). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any Information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. > STRATEGIC PLANNING DISCUSSION • Administration Department Staff > ADMINISTRATIVE ITEMS: 0 Discuss Metro Meeting - September 10, 2001 (Information Distributed from Long Range Planning Manager Barbara Shields) 0 Discuss joint Meeting with City of Tualatin - Scheduled for October 15 at Tualatin at either 6 or 6:30 p.m. - details are being finalized) 0 Discuss League of Oregon Cities Assessment for Telecommunications Legal Fees (Information Distributed from Finance Director Craig Prosser) 0 Discuss Draft Agenda for the City Council Meeting of September 11, 2001 (40"' Birthday Celebration) 0 Receive Washington County Cities Tax Rate Comparison (Chart Distributed) 0 Discuss Request for Waiver of Conflict by Attorney Ed Sullivan I I I I Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" Is defined as "any meeting or part of a meeting of a governing body, which Is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (1) (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660(l) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (1) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (1) (d) - Labor negotiations. (News media can be excluded in this Instance.) 192.660(l) (e) - Real property transaction negotiations. 192.660(l) (f) - Exempt public records - to consider records that are "exempt by law from public Inspection." These records are specifically Identified in the Oregon Revised Statutes. 192-660 (1) (g) - Trade negotiations - Involving matters of trade or commerce In which the governing body Is competing with other governing bodies. 192.660 (1) (h) - Legal counsel - Executive session are appropriate for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (1) (1) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public In which there has been an opportunity for public comment. 192.660 (1) Public investments to cant' on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (1) (k)- Relates to health professional regulatory board. I: ADNACATFM000NCIL\CCUST.DOC { { { i S 1 2,A ~aL CITY OF TIGARD Community Development ShapingA Better Community MEMORANDUM CITY OF TIGARD TO: Honorable Mayor, City Council Members and Planning Commission Members FROM: Barbara Shields, Long Range Planning Manager DATE: August 24, 2001 SUBJECT: Metro 2040 Fundamentals Discussion During the workshop meeting of August 21, 2001, City Council and Planning Commission discussed with Jim Hendryx information that City Council and Planning Commission would like to share with Metro at its September 10, 2001, meting. At this meeting, Community Development Division staff was asked to obtain a copy of a recent public opinion survey prepared by Metro to develop information regarding public attitudes in the region towards growth management. A summary of this survey is attached to this memorandum. A copy of the complete report (90 pages) is available at the Community Development Department and can be mailed separately to City Council and Planning Commission members before the September 10, 2001, meeting. att cc: Bill Monahan Jim Hendryx H H H a~ i \\TIG333\USR\DEPTS\LRPLN\Barbara\Metio\CityCounci I\memoAug28.doc Barbara Shields - D&H Executive Summary Page 1 mavis & Hibbitts, Inc. Market and Public Opinion Research 1100 NW Glisan 300-B, Portland, OR 97209 Phone (503) 220-0575, FAX 220-0576 email: dhm@dhm-inc.com METRO Public Opinion Study Summary May 2001 Introduction The Metro Public Opinion Study was designed to develop reliable information regarding public attitudes in the region towards growth management, land use, transportation, wildlife habitat, and parks and open spaces. 750 residents in the tri-county area (including 150 in the Damascus area) were interviewed on the phone in mid-May, 2001.' The complete report presents noteworthy regional and other subgroup variations for all questions. Area Challenges and Quality of Life Changes A quarter (25%) of those surveyed identified traffic congestion as the biggest problem facing the region, compared with 15% in 1997. Compared to regional and specific county results, those in the Damascus area were most likely to say traffic congestion was the biggest problem. Over half (54%) thought quality of life in the region over the next 20 years would get worse, while 24% though it would stay the same and 16% saw it getting better. Response patterns in 1996 were very similar. When asked about quality of life in their neighborhood, only 27% thought it would get worse, while 46% said it would stay about the same. Respondents were satisfied with a variety of neighborhood features, including visual appearance, proximity to and number of parks and natural areas, and transit service and maintenance of public places. Values Asked what they valued most in the tri-county area, respondents across all groups put at the top of their list a home with yard and privacy, followed by less traffic congestion and forest/farmland preservation. 'Any sampling of opinions or attitudes is subject to a margin of error, which represents the difference between a sample of a given population and the total population. For a sample size of 600, the margin of error would be +/-4.0%. This project was funded in part by a grant from the Oregon Department of Land Conservation and Development as part of Metro's Task 1.1 Periodic Review Work Program. Executive Summary - Metro Public Opinion Study May 2001 Barbara Shields - D&H EXeCLtiye Summary Page 2 Population Growth & Planning Over three-quarters (76%) of all respondents agreed that planning for growth was necessary if the region is keep its livability, with 57% agreeing strongly. A quarter said traffic congestion was the highest ranked concern they had about population growth. The next most important concern was urban growth using up forest and farm land, followed by increased crime and crowded schools. Traffic congestion also was the highest rated concern about population growth, followed by increased air and water pollution and impacts on fish and wildlife.' A solid majority (56%) agreed somewhat or strongly in both 2001 and 1997 that Metro and their local government ought to try to slow growth down. Half wanted to keep the UGB as it is and 24% liked the idea of making some changes to give the region more room to build residences. Only 14% wanted to eliminate the UGB. Highway and street system improvements and public transit options were rated and ranked the most important features that could be part of any growth in areas within the region that serve as "Centers." When asked about how to pay for the cost of growth, close to half (46%) chose fees paid by developers as their first choice. State taxes and local improvement districts were a distant second and third. As for who should pay for growth, opinion was divided on whether developers and new residence buyers should be responsible for all costs or if existing residents and new businesses should provide some assistance or equally share costs. Transportation Respondents were somewhat divided on whether they thought today's transportation system was adequate - 47% saying yes and 41% saying no - with a majority (53%) in Multnomah County saying it was adequate. Similar percentages agreed (480/6) and disagreed (41%) with current policy to maintain existing roads before adding capacity. Slightly more than half (53%) said they would be willing to pay more in taxes to improve the transportation system if they could specify exactly how the money would be spent, similar to 1997 (56%). When asked how they would budget those tax dollars, preferences were spread evenly among freeway expansion, maintaining bridges and roads, and light rail expansion. Parks & Open Spaces Regarding parks and open spaces in the region, 47% favored focusing on maintenance and use of open space and lands already in public ownership, while 40% preferred purchasing and protecting as much open space as possible. Damascus respondents preferred purchasing land ' Ranked in this context means more respondents said traffic congestion was the most important concern than any other when read a list of concems about population growth,. Rating in this context means traffic congestion had the highest mean when respondents were asked to rate how concerned they were about population growth concerns on a scale of 1--not at all concerned to 5=very concerned. This project was funded in part by a grant from the Oregon Department of Land Conservation and Development as part of Metro's Task 1.1 Periodic Review Work Program. Executive Summary - Metro Public Opinion Study May 2001 Page 3 Barbara Shields - D&H Executive Summary (48% to 40%). The top priority for parks and open spaces spending was operations and maintenance of existing parks and natural areas, followed by acquiring property along streams to protect fish and wildlife and planning and development of land recently acquired for parks. Regional Environmental Management Most respondents (79%) said they did not have old chemical products in their household. There was some concern (52% very or somewhat) about potential hazards of chemical products they used. Compared to a year ago, most had the same level of concern. About half (49%) said they had not made any recent changes in lawn and garden maintenance such as using fewer chemical products. Civic Engagement & Communications Most (80%) felt they were well informed (28% very) about growth, land use and other issue in the tri-county area. No more than one-third of all respondents reported having been involved in any of seven civic activities because of concern about growth, land use, transportation, and environmental issues. Respondents said they were most likely to use the ability to call in or provide written comments, viewing a town hall style program, and direct mail newsletters as ways to keep informed and involved, although there were no strong preferences. Conclusions & Observations Stability of some public attitudes. There was little change in attitudes over the last 4-5 years about population growth and about the future quality of life in the area, suggesting some stability in public attitudes. However, changes in the economy, energy supply, or other factors could affect this apparent stability. Positive view of neighborhoods. Notably fewer respondents (27%) felt the quality of life in their neighborhood would get worse in the next 20 years compared to 54% for the region. They also had a fairly high level of satisfaction with several neighborhood features. Population growth key quality of life issue. Population growth was the major reason respondents gave for why they felt the area and their neighborhood would get worse in the next 20 years. Traffic congestion key specific quality of life issue. Traffic congestion was at the top of the list of the biggest problems facing the region and of specific population growth concerns. Along with concern about population growth generally, it also was why respondents thought the area and their neighborhood would get worse in 20 years. Natural resources key specific quality of life issue. Forest/farmland preservation was the third most important value related to quality of life in the area. Respondents gave air and This project was funded in part by a grant from the Oregon Department of Land Conservation and Development as part of Metro's Task 1.1 Periodic Review Work Program. Executive Surnmary - Metro Public Opinion Study May 2001 4 'j Page Barbara Shields - D&H Executive Summary water pollution the second highest "very concern" rating among reasons f 3r being concerned about population growth and gave the second highest "strongly support" rating to spending public parks money on acquiring property along streams to protect fish and wildlife habitat. Balanced approach to transportation system. Although traffic congestion was consistently raised as a big problem, respondents did not call for wholesale building of new freeways, rather preferring a variety of approaches to improving the transportation system. Tax increase for transportation. A plurality felt the transportation system is adequate today, and only a modest majority were willing to consider paying more taxes to improve it if they could specify how the money was spent. There also wasn't any consensus on how more money should be spent. Center features. Respondents rated having highway/street system improvements, public transit options, and a park or access to a park as the most important features of any growth in centers or areas which serve as a "hub" for goods and services delivery. Developers should pay for growth. "Fees paid by developers" was the preferred method of paying for the costs associated with future growth and development in the tri-county area. Less than 20% of respondents favored any kind of tax to pay for these costs. Regional focus for parks and open spaces. Although results appeared split on acquisition, a higher percentage favored maintaining what is already in public ownership. Half of all respondents strongly supported operations and maintenance of existing parks. This project was funded in part by a grant from the Oregon Department of Land Conservation and Development as part of Metro's Task 1.1 Periodic Review Work Program. Executive Summary - Metro Public Opinion Study May 2001 MEMORANDUM TO: Bill Monahan, .ity Manager FROM: Craig Prosse , inance Director RE: LOC Assessment for Telecommunications Legal Fees DATE: August 27, 2001 On August 24, 2001, the League of Oregon Cities (LOC) sent a letter to all Oregon cities updating them on the status of Qwest vs. the City of Portland and other industry actions questioning the validity of local franchise fees. I have also been working closely with the Telecommunications Group, a subcommittee of staff from various cities concerned about telecommunications issues. As background, this summer, Qwest filed suit against the City of Portland claiming that Portland's franchise fees violate provisions of the Telecommunications Act of 1996. Qwest also sent letters to 30 cities in Oregon, including the City of Tigard, informing us that Qwest will no longer pay local franchise fees, pending a resolution of Qwest vs. the City of Portland. In August, Verizon sent the City of Tigard a letter informing us that it was paying its scheduled franchise fees under protest and that it would request a refund should Qwest prove successful in its suit. The City of 'Tigard budgeted to receive $420,240 in franchise fees from Qwest, Verizon, and all other telecommunications providers. Telecommunications companies represent the second largest source of franchise fee revenues to the City of Tigard. (Electricity fees are the largest source.) The City anticipates a total of $2.3 million in franchise fees from all utilities in FY 2001- 02. If Qwest is successful in its suit against Portland, this could result in a drastic limiting (if not total elimination) of franchise fees paid by all telecommunications companies to cities. City Attorneys from cities across the state have been working with LOC on this issue. Together, they have determined that six additional cities should intervene in Qwest vs. the City of Portland. The six intervening cities are Happy Valley, Keizer, North Plains, Pendleton, Redmond, and Salem. LOC has retained legal counsel to represent the intervening cities and the interests of all cities in Oregon. LOC is requesting a voluntary payment from all cities equal to 3% of their anticipated revenue from telecommunication franchises. For the City of Tigard, this contribution would be $12,607. This payment was not anticipated in the FY 2001-02 budget. This is a crucial issue for Tigard and all cities in Oregon. The city attorneys working with the League feel that Qwest's case is resting on a faulty interpretation of the Telecommunications Act of 1996 and a faulty interpretation of a case in the State of Washington (Auburn vs. Qwest). I recommend that Tigard participate in the defense of its traditional authority over public rights-of- way by contributing to LOC's legal defense fund. If Council agrees with this recommendation, I will prepare a resolution to amend the City budget. August 24, 2001 Dear Mayor, Your city's authority to charge franchise fees for the use of your telecom- munications right of way is in serious jeopardy. As you may know, Qwest has discontinued paying franchise fees for the privilege to occupy cities' rights of way. It also has filed suit against the City of Portland, stating that Portland has no right to charge such franchise fees. The outcome of this Qwest v. Portland case will determine whether or not your city can collect franchise fees for the use of r your right of way. Our legislative experts also believe that cities' authority to charge any fees (telecom or otherwise) for the use of your right of way will be challenged in the next legislative session, should Qwest should win this lawsuit. Municipal telecommunications experts and attorneys strongly recommend that the League financially support a coordinated effort, with separate Legal Counsel, to intervene (join) in the Qwest v. Portland lawsuit. The League Board of Directors has agreed to do so. We believe that the intervention of a small, organized, and well-represented group of six cities is likely to show the Court that Qwest should not win the suit based solely on its legal arguments. This intervention will instead focus on demonstrating that there are differing factual circumstances (such as various franchise agreements) throughout Oregon cities. Oregon cities need your municipality's financial assistance now. As you know, litigation is costly. The League did not budget for such expenses in the upcoming fiscal year; however, our leadership feels compelled to address this situation. Due to cities' Fiscal reliance on franchise fees, almost every municipal budget in Oregon is at risk of serious losses should Owest win this lawsuit. We deeply regret having to ask our financially-strapped cities to once again fund litigation. Please understand that we would not do so if it weren't crucial to the financial future of all Oregon cities. If you have any questions, please don't f hesitate to call the League or log on to our website (www.orcities.org). League staff covering this Qwest issue are David Barenberg (telecommunications issues) and Christy Monson (legal issues). Thank you in advance for your assistance and support in this matter. Sincerely, ~0 Lki Susan Roberts Richard C. Townsend President, LOC Executive Director, LOC Mayor, Enterprise cc: City Manager and City Attorney lC'nr~!ilig togc lber for lirable Urc,,f,, orr co in ill rrrrit ies 1 7i (Your city's copy) Qwest Litigation Contribution Due September 31, 2001 City of 1. City's annual telephone franchise receipts: $ 2. Multiply by 3% X .03 3. Total contribution: $ Make check payable to: League of Oregon Cities PO Box 928 Salem OR 97308 %r-............... as-............ Please detach and send with contribution Qwest Litigation Contribution Due September 31, 2001 f City Of c E 1. City's annual telephone franchise receipts: $ 2. Multiply by 3% X .03 3. Total contribution: $ Make check payable to: League of Oregon Cities PO Box 928 Salem OR 97308 (Your city's copy) Qwest Litigation Contribution Due September 31, 2001 City of 1. City's annual telephone franchise receipts: $ 2. Multiply by 3% X .03 3. Total contribution: $ Make check payable to: League of Oregon Cities PO Box 928 Salem OR 97308 Sc...... Please detach and send with connibution Qwest Litigation Contribution Due September 31, 2001 City o 1. City's annual telephone franchise receipts: $ _ 2. Multiply by 3% X .03 3.. Total contribution: $ a s 1 Make check payable to: League of Oregon Cities PO Box 928 Salem OR 97308 Washington County Cities Tax Rate Comparison (Rate per $1,000 of Assessed Value') (Note: Tax Rates listed are for city governments ONLY. Residents of these cities also pay taxes to other jursdictill so the total tax rates they pay will be higher.) Permanent Local Option Other Bond Permanent Local Option Other Bond Levy Levy (Urban Levy Total Levy Levy (Urban Levy Total C' (Operating) (Operating) (Renewal, etc. (Debt) Levy city (Operating) J(Operating) (Renewal, etc. (Debt) Levy ALPHABETICAL BY SIZE OF LEVY Banks $1.9700 $1.8000 $3.7700 Rivergrove $0.0000 $0.0000 Beaverton $3.2499 $0.5366 $3.7865 Durham $0.4927 $1.3906 $1.8833 Conclius $3.9836 $0.3648 $0.3352 $4.6836 King City $1.5261 $0.4615 $1.9876 Durham $0.4927 $1.3906 $1.8833 Tigard $2.5131 $0.0880 $2.6011 Gaston $6.6146 $6.6146 Wilsonville $2.5208 $0.1520 $2.6728 Forest Grove $3.9554 $0.7284 $4.6838 North Plains $2.1712 $0.5190 $2.6902 Hillsboro $3.6665 $1.1000 $4.7665 Tualatin $2.2665 $0.6372 $2.9037 King City $1.5261 $0.4615 $1.9876 Banks $1.9700 $1.8000 $3.7700 Lake Oswego $4.7034 $0.7501 $5.4535 Beaverton $3.2499 $0.5366 $3.7865 North Plains $2.1712 $0.5190 $2.6902 Sherwood $3.2975 $1.0944 $4.3919 Portland $4.5770 $2.0595 $0.2592 $6.8957 Col lius $3.9836 $0.3648 $0.3352 $4.6836 Rivergrove $0.0000 $0.0000 Forest Grove $3.9554 $0.7284 $3.6838 Sherwood $3.2975 $1.0944 $4.3919 Hillsboro $3.6665 $1.1000 $4.7665 Tigard $2.5131 $0.0880 $2.6011 Lake Oswego $4.7034 $0.7501 $5.4535 Tualatin $2.2665 $0.6372 $2.9037 Gaston $6.6146 $6.6146 Wilsonville $2.5208 $0.1520 $2.6728 Portland $4.5770 $2.0595 $0.2592 $6.8957 Average Rate $2.9693 $0.2329 $0.1287 $0.4057 $3.7366 Average Rate $2.9693 $0.2329 $0.1287 $0.4057 $3.7366 1. Assessed value no longer equals Market Value (changed by Measure 50) The current ratio of Assessed Value to Market Value in Washington County is: Residential - 77% Commercial - 65% These ratios will drop over time as Market Values tend to increase more than the 3% per year allowed increase for Assessed Value. 2. Other taxing jurisdictions include: Washington County School Districts Tualatin Hills Parks & Rec. District Other Special Districts (enhanced sheriffs patrol, etc.) Community Colleges Education Service Districts Metro Port of Portland Cathy Wheatley -.Sullivan waiver request Page 1 From: Bill Monahan To: Dick Bewersdorff; Jim Hendryx Date: 8/27/01 1:59PM Subject: Sullivan waiver request Ed Sullivan has asked for a waiver to represent Ken Rea who desires to convert a home on Tigard Street to an office. I will give you both a printout of the e-mail Ed sent me at home. We need to have your input on whether you have any issues on this before the council meeting tomorrow night. I will ask Council for input at that time so I can advise Ed on Wednesday. Thanks. Bill Monahan City Manager (503) 639-4171, ext 306 bill@ci.tigard.or.us CC: Cathy Wheatley lag /C) cur-,~t r~~. e Page 1 of 1 Ed Sullivan has asked for aWaiver to represent Ken Rea who desires to convert a home on Tigard Street to an office. I will give you both a printout of the e-mail Ed sent me at home. We need to have your input on whether you have any issues on this before the council meeting tomorrow night. I will ask Council for input at that time so I can advise Ed on Wednesday. Thanks. Bill Monahan City Manager (503) 639-4171, ext 306 billOci.tigard.or.us IMII file://C:\WINDOWS\TEMP\GW) 00003.HTM 8/27/01 MCI + r Subj: Waiver of Conflict Date: 8/24/013:31:57 PM Pacific Daylight Time From: esulli%e@pr+estongates.com (Sullivan, Ed (PTQ) To: mo42or@aol.com ('Monahan, Bill) CC: ken@pcez.com (4een@pcez.com), garyf@rccb.com ('Firestone, Gary) Bill: Re been approached by Ken Rea, who just completed a pre-application conference with City planning staff to convert a residence at 9570 SW Tigard St. to an office. The property is zoned IP. He wants me to look over the conditions and exactions. We are not at the point at which would do anything more than provide him advice; however, he may wish me to speak with the City staff on the conditions and to help his application along. As you know, our firm does the City's bond work. We request a waiver of conflict in order for me to assist Mr. Rea and his company, PCEZCOM. The waiver would last only through any final City decision or decisions. If there were an appeal, I would seek a further waiver if I were to represent Mr. Rea and our interests were adverse. Please let me know if the City will waive the conflict. Best personal regards, Ed Sullivan Headers Retum-Path: <esuirrva@prestongates.com> Received: from rIy-ydO5.mx.aol.com (ry yd05.mail.aol.com 1172.18.150.5]) by air-yd01.maii.aol.com (%60.17) with ESMTP id MAIUNYD12-0824183157; Fri, 24 Aug 2001 18:31:57 -0400 Received: from excon.prestongates.com (exwss.prestongates.com [207.12.98.61])) by riyydO5.mx.aol.com (%80.17) with ESMTP id MAII.RELAYINYD58.0824183151; Fri, 24 Aug 2001 18:31:51 -0400 Recehed: by EXCON with Intemet Mail Service (5.5.2651.58) id <RP6XQKA8>; Fri, 24 Aug 2001 15:31:50 -07W Message-ID: <338BISB3C142D311S9E1OOA024C87DC6013CS59E@expti.prestongates.com> From: "Sullivan, Ed (PTI_)" <esulliva@prestongates.com> To: "Monahan, Bi11"' --mo42or@aol.com> Cc: "ken@pcez.com" <ken@pcez.com>, "Firestone, Gary" <garyf@rccb.com> Subject: Waivver of Conflict Date: Fri, 24 Aug 2001 15:31:27 -0700 MIME-Version: 1.0 X-Mailer. Internet Mail Service (5.5.2651.58) Content Type: texVplain; charset="ISO-8859-1" Friday, August 24. mot AmsAem OnUm No12or Paps: 1 IMM 1111111N I 1111111 =J 'fIGAIZD CITY COUNCIL BU SINESS,MEETING' August2'8, 200 i ' 30. p.m. CITY OF TIGARD T1Gs►RD. CITY.HALL .13125 SW'h1AU BLVD TIGARD, OR: 97223 - PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated: it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, Ext. 309 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, x309 (voice) or 503-684- 2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - August 28, 2001 page l AGENDA TIGARD CITY COUNCIL BUSINESS MEETING AUGUST 26, 2001 6:30 PM • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor negotiations under ORS 192.660(l d). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. • STUDY SESSION > STRATEGIC PLANNING DISCUSSION Staff Report: Administration Department 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8L Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 81 Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:40 PM 3. PROCLAMATIONS: a. Proclamation - Disability Employment Awareness Month, October 2001 b. Proclamation - National Alcohol and Drug Addiction Recovery Month, September 2001 C. Proclamation - Undoing Racism Day, September 20, 2001 i i i 7:45 PM i 4. CONSENT AGENDA: These items are considered to be routine and may be enacted i in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Council Minutes: June 26, 2001 s 4.2 Local Contract Review Board a. Award Contract for the Construction of Fiscal Year 2001-2002 Pavement Major Maintenance Program to Eagle-Elsner COUNCIL AGENDA - August 28, 2001 page 2 b. Award Contract for the Construction of Fanno Creek Trail - Segment 3 (Tiedeman Avenue to Woodard Park) to Tri-Mountain Excavating C. Approve Purchase of Four 2002 Ford Victorias from Gresham Ford 4.3 Support Participation in the ICMA International Resource Cities Program - Resolution No. 01 Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:50 PM 5. RECOGNITION OF NANCY IRWIN AND LARRY BECK FOR SERVICE ON THE LIBRARY BOARD o Mayor Griffith 7:55 PM 6. CONSIDER APPROVING THE NEW TIGARD LIBRARY CONSTRUCTION COMMITTEE'S RECOMMENDED SITE FOR THE PROPOSED NEW LIBRARY a. Staff Report: Library Staff b. Council Discussion, Questions, Comments C. Council Motion: Should the Council approve the recommended site for the new library? 8:15 PM 7. HEAR AN INITIAL PROGRESS REPORT FROM THE TRANSPORTATION FINANCING STRATEGIES TASK FORCE a. Staff Report: Engineering Staff b. Council Discussion, Questions, Comments 8:35 PM 8. QUASI-JUDICIAL PUBLIC HEARING - CONSIDER AN ORDINANCE VACATING APPROXIMATELY 11,702 SQUARE FEET OF PUBLIC RIGHT OF WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2001-00002) REQUEST: The applicant is requesting that the City of Tigard vacate an unused portion of public right of way on SW Beveland Street, west of SW 72"d Avenue. Southwest Beveland Street west of SW 72nd Avenue has been relocated south to align directly with SW Beveland Street east of SW 72nd Avenue. The new alignment was constructed across tax lots 2S l 01 AB-02705, 2S 101 AB-02706 and 2S101AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated right of way COUNCIL AGENDA - August 28, 2001 page 3 was dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation, the old right of way for SW Beveland Street has effectively been abandoned. LOCATION: The section of SW Beveland Street public right of way, which lies west of SW 72nd Avenue. Date request was filed: May 15, 2001 a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Staff d. Public Testimony: Proponent, Opponents, Rebuttal e. Staff Recommendation f. Council Discussion, Questions, Comments g. Close Public Hearing h. Council Consideration: Ordinance No. 01 - 8:45 PM 9. CONSIDERATION OF A RESOLUTION ADOPTING THE FINAL ORDER APPROVING THE BLUE HERON PARK SUBDIVISION (SUB2001-00001, ZON2001-00002, SLR2001-00003, VAR2001-0002) On June 11, 2001, the Planning Commission denied a request for approval of an 18-lot subdivision on 4.15 acres. The lots are to be developed with attached single- family homes. Lot sizes within the development average just over 3,800 square feet. Development is to be clustered on the west side of the development site, allowing for the preservation and enhancement of the pond, wetland, and stream area on the eastern portion of the property. A sensitive lands review is required for the development due to the presence of steep slopes, a wetland, and a natural drainageway on the site. On June 22, 2001, an appeal was filed regarding the Planning Commission's denial of the project. On August 14, 2001, the Council held a public hearing on the appeal; the proposed resolution adopting the Final Order is now before the Council. LOCATION: 12450 SW Walnut Street; WCTM 2S 103BC-03900. The project site is located on the south side of SW Walnut Street, opposite of SW 124' Avenue and west of SW 121' Avenue. ZONE: R- 4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single- family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapter 18.390. a. Staff Report: Community Development Staff b. Council Discussion, Questions, Comments C. Council Consideration: Resolution No. 01- COUNCIL AGENDA - August 28, 2001 page 4 8:55 PM 10. PUBLIC HEARING - CONSIDER A ZONE ORDINANCE AMENDMENT TO EXEMPT CERTAIN EXISTING BUILDINGS ABUTTING MAIN STREET FROM ADDITIONAL OFF-STREET PARKING IN CERTAIN CIRCUMSTANCES (ZOA2000-00004), AMENDING CHAPTER 18.765 OF THE TIGARD COMMUNITY DEVELOPMENT CODE The City of Tigard is requesting approval of a Zone Ordinance Amendment to allow existing buildings directly abutting Main Street to be exempt from having to add additional off-street parking for a change of use. However, construction of new buildings and entertainment uses abutting Main Street will be required to meet the off-street parking standards according to Table 18.765.2 (Minimum and Maximum Required Off-Street Vehicle and Bicycle Parking Requirements) In the Tigard Community Development Code. LOCATION: All properties abutting SW Main Street. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent to the R- 40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 5 and 9; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3 and 5.3; and Community Development Code Chapters 18.380, 18.390 and 18.765. a. Open Public Hearing b. Staff Report: Community Development Department C. Public Testimony d. Staff Recommendation e. Council Discussion, Questions, Comments f. Close Public Hearing g. Council Consideration: Ordinance No. 01 - la 9:10 PM 11. CONSIDER AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE REGARDING PERMIT ISSUANCE CONDITIONS FOR OVERSIZED LOADS a. Staff Report: Police Staff b. Council Discussion, Questions, Comments C. Council Consideration: Ordinance No. 01 - 13 a COUNCIL AGENDA - August 28, 2001 page 5 MINE 9:15 PM 12. CONSIDER AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE TO CLARIFY PROCEDURES FOR LIBRARY BOARD MEMBER APPOINTMENT AND TERMS, AND THE PROCEDURE FOR EXCLUSION FROM THE LIBRARY a. Staff Report: Library Staff b. Council Discussion, Questions, Comments C. Council Consideration: Ordinance No. 01 - it/- 9:25 PM 13. DISCUSS PROVISIONS OF THE TIGARD MUNICIPAL CODE CONCERNING THE BUILDING APPEALS BOARD a. Staff Report: Community Development Staff b. Council Discussion, Questions, Comments 9:35 PM 14. COUNCIL LIAISON REPORTS 9:45 PM 15. NON AGENDA ITEMS 9:50 PM 16. EXECUTIVE SESSION: The Tigard City Council may go Into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced Identifying the applicable statue. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10:00 PM 17. ADJOURNMENT I: ADMkCATHMCCA\010828.000 COUNCIL AGENDA - August 28, 2001 page 6 Agenda Item No. 3. I Meeting of MINUTES TIGARD CITY COUNCIL MEETING AUGUST 28, 2001 Council Present: Mayor Griffith, Councilors Dirksen, Moore, Patton, and Scheckla • EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:32 p.m. to discuss labor negotiations under ORS 192.660(1 d). Council convened into Study Session at 7:00 p.m. • STUDY SESSION > STRATEGIC PLANNING DISCUSSION City Manager Monahan led the discussion on strategic planning. Mr. Monahan referred to infonnation summarized from an Executive Staff review of the strategic plan. Mr. Monahan noted the financial issues facing the City of Tigard. Council discussed tax increment financing options that may work for the Washington Square area. In response to a comment from Councilor Scheckla that Metro should also contribute to the Washington Square area, Mr. Monahan advised that Metro is a clearinghouse for funding; therefore, it is valuable to have a plan in place to justify requests for funding. Mr. Monahan referred to information distributed to the City Council with regard to the Washington County cities' tax rate comparison. (Tax rate comparison table is on file with the City Recorder.) He noted that Tigard compares favorably to other cities in Washington County. Staff has determined a need to evaluate current fees and consider potential fees to ensure that the people who are requesting services are paying for services. With regard to the information distributed to the City Council, Mr. Monahan noted that the Financial Plan is a living document that is a tool for planning and adjusting. Councilor Dirksen noted the benefit of establishing a priority list is to promote a "domino effect" that make it more clear as to which priority must be addressed first before another can be brought forward. > ADMINISTRATIVE ITEMS ® Council reviewed a memorandum from Barbara Shields, Long Range Planning Manager regarding Metro 2040 Fundamentals Discussion. A recent public opinion survey was prepared by Metro to develop COUNCIL MINUTES - August 28, 2001 page i information regarding public attitudes in the region toward growth management. A complete report will be sent to the City of Tigard soon. Councilor Scheckla asked for a copy of the full report when received. • City Manager noted that joint meeting with the City of Tualatin is scheduled for October 15 in Tualatin to begin at 6 or 6:30. Details are being finalized. • The League of Oregon Cities' (LOC) request for assistance to fund litigation that challenges cities' authority to charge franchise fees for the use of telecommunications in public right of way was discussed. Council received a memorandum dated August 27, 2001, to Bill Monahan from Craig Prosser regarding this issue and a copy of this memorandum is on file with the City Recorder. Consensus of Council was to support staff's recommendation to support LOC's request for assistance in funding legal fees in this litigation. • Council briefly discussed the plans for the upcoming meeting to celebrate the City's 401 birthday, September 11, 2001. • City Manager Monahan noted that Attorney Ed Sullivan has asked for a waiver of conflict of interest to represent Ken Rea, who desires to convert a home on Tigard Street to an office. After brief discussion, consensus of the City Council was to approve a waiver of conflict interest. Business meeting convened at 7:30 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council 8t Local Contract Review Board 1.2 Roll Call - Present: Mayor Griffith; Councilors Dirksen, Moore, Patton, and Scheckla 1.3 Pledge of Allegiance 1.4 Council Communications 8z Liaison Reports: None. 1.5 Call to Council and Staff for Non-Agenda Items: None. 2. VISITOR'S AGENDA: None. 3. PROCLAMATIONS: Mayor Griffith issued the following proclamations: a. Proclamation - Disability Employment Awareness Month, October 2001 b. Proclamation - National Alcohol and Drug Addiction Recovery Month, September 2001 C. Proclamation - Undoing Racism Day, September 20, 2001 COUNCIL MINUTES - August 28, 2001 page 2 4. CONSENT AGENDA - Motion by Councilor Moore, seconded by Councilor Patton, to approve the Consent Agenda: 4.1 Approve Council Minutes: June 26, 2001 4.2 Local Contract Review Board a. Award Contract for the Construction of Fiscal Year 2001-2002 Pavement Major Maintenance Program to Eagle-Eisner b. Award Contract for the Construction of Fanno Creek Trail - Segment 3 (Tiedeman Avenue to Woodard Park) to Tri-Mountain Excavating c. Approve Purchase of Four 2002 Ford Victorlas from Gresham Ford 4.3 Support Participation in the ICMA International Resource Cities Program - Resolution No. 01-53 The motion was approved by a unanimous vote of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 5. RECOGNITION OF NANCY 1RWiN AND LARRY BECK FOR SERVICE ON THE LIBRARY BOARD Mayor Griffith presented to Nancy Irwin a Certificate of Appreciation and a City of Tigard logo pin. (Mr. Beck was unable to attend the meeting.) 6. CONSIDER APPROVING THE NEW TiGARD LIBRARY CONSTRUCTION COMMITTEE'S RECOMMENDED SITE FOR THE PROPOSED NEW LIBRARY Library Director Margaret Barnes introduced New Library Construction Committee members George Burgess and David Chapman. A PowerPoint presentation was reviewed with the City Council and is on file with the City Recorder. Mr. Burgess gave background of the Committee's membership and reviewed that "Site E" was the site the Committee recommended for the proposed new library. This site is located along the east side of Hall Boulevard across from the intersection at O'Mara Street. A digital photograph is on file with the City Recorder depicting the site location. Mr. Burgess also reviewed the criteria established by the Committee for site selection. He asked the City Council to accept this site. COUNCIL MINUTES - August 28, 2001 page 3 Mr. Chapman noted that the New Library Construction Committee unanimously selected "Site E." He asked that the City Council direct City Staff to enter negotiations to enter into negotiations with the property owner to place an option on the site. Discussion followed with the City Council members. It was noted that nothing in the proposed concept for the building or site development would affect the wetland area. Motion by Councilor Dirksen, seconded by Councilor Moore, to accept "Site E." The motion was approved by a unanimous of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes Motion by Councilor Moore, seconded by Councilor Patton, to authorize the staff to enter into negotiations with the property owner for an option on the property. The motion was approved by a unanimous of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 7. BEAR AN INITIAL PROGRESS REPORT FROM THE TRANSPORTATION FINANCING STRATEGIES TASK FORCE City Engineer Gus Duenas introduced Task Force Member Bev Froude. A PowerPoint presentation was reviewed with the City Council and copy of the presentation is on file with the City Recorder. a The Task Force was formed by the City Council to evaluate reasons for failure of the November 2000 transportation bond measure and to determine funding strategies. 3 The Task Force met four times since April 2001. Tonight's report is the initial report to the City Council. The Task Force is seriously considering recommending implementation of a street utility fee for maintenance and is continuing to review other funding sources for street improvements. The presentation included an in- depth look at street maintenance, including preventative and corrective maintenance. COUNCIL MINUTES - August 28, 2001 page 4 IM, Funding is also needed for widening and reconstruction of major collectors to meet existing and future traffic demands and to meet current geometric alignment standards. It was noted that preventative maintenance pays off by increasing the life of a street before major work is needed. After the presentation, City Council discussed the feasibility of implementing a street utility fee for the City of Tigard. Majority consensus of City Council was favorable. Councilor Scheckla said he was reluctant to agree to this type of fee and was concerned about how this would be accepted by citizens. He also referred to past issues he has had concerning SW North Dakota Street. Motion by Councilor Patton, seconded by Councilor Moore, to go forward with the study of the street maintenance fee. The motion was approved by a majority of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patten - Yes Councilor Scheckla - No In response to a question from Mayor Griffith about whether the Task Force is looking into a proposing a bond measure, Councilor Moore advised that at this time such an effort has been set aside and possibly reconsidered in about three years. 8. QUASI-JUDICIAL PUBLIC HEARING - CONSIDER AN ORDINANCE VACATING APPROXIMATELY 11,702 SQUARE FEET OF PUBLIC RIGHT OF WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2001-00002) REQUEST: The applicant is requesting that the City of Tigard vacate an unused portion of public right of way on SW Beveland Street, west of SW 72"d Avenue. Southwest Beveland Street west of SW 72"d Avenue has been relocated south to align directly with SW Beveland Street east of SW 72"d Avenue. The new alignment was constructed across tax lots 2S 101 AB-02705, 2S 101 AB-02706 and 2S 101 AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated right of way was dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation, the old right of way for SW Beveland Street has effectively been abandoned. LOCATION: The section of SW Beveland Street public right of way, which lies west of SW 72"d Avenue. Date request was filed: May IS, 2001 COUNCIL MINUTES - August 28, 2001 page 5 a. Mayor Griffith opened the public hearing. b. Mayor Griffith asked for declarations or challenges. There were none. C. Community Development Director Jim Hendryx presented the staff report. The City Council was considering the vacation of a portion, approximately 11,702 square feet, of public right-of-way in what is commonly known as SW Beveland Street. d. Public Testimony: • Frank Flynn, Attorney, Stoel Rives, et al, 900 SW Fifth Avenue, Portland, Oregon. Mr. Flynn reported on negotiations among property owners (Mr. and Mrs. Stober and Mr. Wood). Mr. Flynn explained the process wherein the Stobers asked to be reassured that they would maintain full access to their property. Negotiations have been ongoing with regard to the access and easement width. The easement width needs to be modified. City Attorney Ramis advised that a change to the easement width does not appear to be a substantial change. Community Development Director Hendryx confirmed that staff reviewed the request for a change in the easement's width. e. Staff recommended the vacation request be approved as modified by the applicant. f. Mayor Griffith closed the public hearing. g. Council consideration: Motion by Councilor Scheckla, seconded by Councilor Dirksen, to adopt Ordinance No. 01-11. ORDINANCE NO. 01-11 - AN ORDINANCE CONCERNING VACATION OF APPROXIMATELY 11,702 SQUARE FEET OF PUBLIC I RIGHT OF WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD, i WASHINGTON COUNTY, OREGON (VAC 2001-00002). i The motion was approved by a unanimous of City Council present: a Mayor Griffith - Yes s Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes COUNCIL MINUTES - August 28, 2001 page 6 9. CONSIDERATION OF A RESOLUTION ADOPTING THE FINAL ORDER APPROVING THE BLUE HERON PARK SUBDIVISION (SUB2001-000011 ZON2001-00002, SLR2001-00003, VAR2001-0002) On June 11, 2001, the Planning Commission denied a request for approval of an 18-lot subdivision on 4.15 acres. The lots are to be developed with attached single-family homes. Lot sizes within the development average just over 3,800 square feet. Development is to be clustered on the west side of the development site, allowing for the preservation and enhancement of the pond, wetland, and stream area on the eastern portion of the property. A sensitive lands review is required for the development due to the presence of steep slopes, a wetland, and a natural drainageway on the site. On June 22, 2001, an appeal was flied regarding the Planning Commission's denial of the project. On August 14, 2001, the Council held a public hearing on the appeal; the proposed resolution adopting the Final Order is now before the Council. LOCATION: 12450 SW Walnut Street; WCTM 2S103BC-03900. The project site is located on the south side of SW Walnut Street, opposite of SW 1241 Avenue and west of SW 1211 Avenue. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapter 18.390. Planning Manager Dick Bewersdorff presented the staff report. Mr. Bewersdorff highlighted the elements of the Final Order, including four additional City Council conditions. The four conditions addressed fencing adjacent to dwelling units, the planting of two-inch caliper trees in setbacks, establishment of an escrow account to recover damage to retained trees over 12 inches in caliper, and study of the need for a painted crosswalk at the intersection of 124' Avenue and a private street. City Council discussed elements of the findings. It was noted that the development will have good-neighbor fencing on the developed portion of the site. There was lengthy discussion on the escrow account to recover damage to retained trees over 12 inches in caliper. Fifty-one trees were potentially affected by construction. Total value for these trees was estimated to be approximately $200,000. Safeguards to protect trees included the provision that the applicants are responsible for the trees and if damage occurs, then $47,000 would be charged for additional mitigation. Mr. Matt Sprague and Mr. Al Jeck were present to represent the applicant. Mr. Jeck advised that the third condition added by the City Council with regard to the COUNCIL MINUTES - August 28, 2001 page 7 security to cover the value of the trees was of concern. He asked for flexibility in the pledging of funds to meet the intent of the third condition, which is to protect trees. There was discussion with regard to how such wording should be set forth in the Final Order. Councilor Moore said the wanted to be sure that the trees were protected, but also not encumber the development with an unnecessary requirement. If a line-of-credit would accomplish the intent of this condition, then this would be acceptable to Councilor Moore. City Attorney Ramis suggested using the word "security" in a form acceptable to Planning Director in the amount of $100,000 to cover the value of all 12-inch or greater trees. It was noted that the proposed resolution would need to be amended to reflect this change. Motion by Councilor Moore, second by Councilor Dirksen, to adopt Resolution No. 01-54 with the Findings and Final Order as amended to be signed after review by the Mayor. Councilor Dirksen clarified that the damage to trees, as referred to in the Final Order, would be "caused by construction." Motion was approved by a majority of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - No Council meeting recessed at 9:00 p.m. Council meeting reconvened at 9:10 p.m. 10. PUBLIC HEARING - CONSIDER A ZONE ORDINANCE AMENDMENT TO EXEMPT CERTAIN EXISTING BUILDINGS ABUTTING MAIN STREET FROM ADDITIONAL OFF-STREET PARKING IN CERTAIN CIRCUMSTANCES (ZOA2000-00004), AMENDING CHAPTER 18.765 OF THE TIGARD COMMUNITY DEVELOPMENT CODE The City of Tigard is requesting approval of a Zone Ordinance Amendment to allow existing buildings directly abutting Main Street to be exempt from having to add additional off-street parking for a change of use. However, construction of new buildings and entertainment uses abutting Main Street will be required to meet the off-street parking standards according to Table 18.765.2 (Minimum and Maximum Required Off-Street Vehicle and Bicycle Parking Requirements) in the Tigard Community Development Code. LOCATION: All properties abutting SW Main COUNCIL MINUTES - August 28, 2001 page 8 IRWIN =MJ Street. ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent to the R- 40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 5 and 9; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3 and 5.3; and Community Development Code Chapters 18.380, 18.390 and 18.765. a. Mayor Griffith opened the public hearing b. Community Development Director ]im Hendryx presented the staff report. The issue before the City Council was whether the City Council should adopt an ordinance that would allow existing buildings directly abutting SW Main Street to be exempt from having to add additional off-street parking for a change of use and new construction to replace existing square footage. Construction of new buildings and entertainment uses abutting SW Main Street would be required to meet off-street parking standards according to Table 18.765.2 of the Tigard Community Development Code. Note: The Council considered Agenda Item No. 11 at this point in the meeting while Community Director Hendryx researched the Code to determine how entertainment uses would be affected with respect to the proposed revisions to the Code. He advised that, as an example, a bingo parlor would be required to meet off-street parking requirements. C. Public Testimony: None. d. Staff recommended that the City Council adopt the proposed ordinance. e. Mayor Griffith closed the public hearing. f. Council consideration: Motion by Councilor Patton, seconded by Councilor Moore. to adopt Ordinance No. 01-12. ORDINANCE NO. 01-12 - A ZONE ORDINANCE AMENDMENT (ZOA 2000-00004) AMENDING CHAPTER 18.764 OF THE TIGARD COMMUNITY DEVELOPMENT CODE. COUNCIL MINUTES - August 28, 2001 page 9 The motion was approved by a unanimous of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 11. CONSIDER AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE REGARDING PERMIT ISSUANCE CONDITIONS FOR OVERSIZED LOADS City Manager Bill Monahan reviewed the staff report prepared by Chief of Police Ron Goodpaster. He noted restrictions for moving of oversized loads would apply during weekday time periods. Because Council members had questions with regard to the Code language for weekend activity, consideration on this item would be delayed until Chief Goodpaster could clarify his intent with weekend activity. This item was set over to September 25, 2001. (City Recorder's note: City Council reviewed this item on October 9, 2001.) 12. CONSIDER AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE TO CLARIFY PROCEDURES FOR LIBRARY BOARD MEMBER APPOINTMENT AND TERMS, AND THE PROCEDURE FOR EXCLUSION FROM THE LIBRARY Library Director Margaret Barnes presented the staff report. The issue before the City Council was whether the City Council should amend the Tigard Municipal Code sections 2.36.030, 2.36.040, 7.100.10 and 7.100.40 to clarify procedures for Library Board member appointment and terms and the procedure for exclusion from the Tigard Public Library. Details of the proposed amendments are contained in the staff report, which is on file with the City Recorder. Motion by Councilor Scheckla, seconded by Councilor Patton, to adopt Ordinance No. 01-13. ORDINANCE NO. 01-13 - AN ORDINANCE AMENDING CHAPTERS 2.36.030, 2.36.040, 7.100.10 AND 7.100.40, OF THE TIGARD MUNICIPAL CODE TO CLARIFY PROCEDURES FOR LIBRARY BOARD MEMBER APPOINT AND TERMS, AND THE PROCEDURE FOR EXCLUSION FROM THE TIGARD PUBLIC LIBRARY. COUNCIL MINUTES - August 28, 2001 page 10 effil 1111111111111 E11111111111111111 mi The motion was approved by a unanimous of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 13. DISCUSS PROVISIONS OF THE TIGARD MUNICIPAL CODE CONCERNING THE BUILDING APPEALS BOARD Building Official Gary Lampella reviewed the staff report. The question before the City Council was whether Tigard Municipal Code Chapter 2.09, Building Appeals Board, should be revised or retained in its current format. After discussion with the City Council, the consensus was to reduce the number of board members from 13 to 7 or 8. Mr. Lampella will return to the City Council at a future meeting date with an ordinance to adjust the number of board members. 14. COUNCIL LIAISON REPORTS: None. 15. NON AGENDA ITEMS: None. 16. EXECUTIVE SESSION: No Executive Session was held. 17. ADJOURNMENT: 9:40 p.m. 3-44W A e- LJ2 Catherine Wheatley, City R~corder Attest: yor, (Cit-y-bf rd ate: / a0v t I: W D NP CAT HYICC M1010828. D OC COUNCIL MINUTES - August 28, 2001 page 11 COMMUNITY NEWSPAPERS 0. BOX 370 PHONE (503)684-0360 Legal 1 2ZCVDIM AU G 13 26 BEAVERTON, OREGON 97075 Notice TT 9934 Legal Notice Advertising RECEIVED C.O.T. ~ "City of Tigard ❑ Tearsheet Notice AUG 14 2001 13125 SW Hall Blvd. '2igard, Or. egon 9 7 2 2 3 • ❑ Duplicate Affidavit Administration ; "Accounts Payable • AFFIDAVIT OF P1 IQI Il'ATI^Ll _ STATE OF OREGON, The following will be considered by thaj 0,, COUNTY OF WASHINGTON, ) ss' Tuesday, August 28,2001, st 7:30 p.m: at-the Tigard Civic Center TbwwfIall, 13125, SW Hall Boulevard, Tigard, Oregon. The Council I, ua t h y Snyc1 e r wi11 receive a recippmendatioa from the Planning Commission. . Public oral or. written testimony is invited. The public hearing on this j being first duly sworn, depose and say th. niatier'will be conducted in: accordance with Chapter 18.390 of the Director, or his principal clerk, of this Tigard Municipal Code and the'rules of. procedure' adopted by•the a newspaper of general circulation as d Council and available.at-Ci Ball or the rules of procedure set forth and 193.020; published at Tictarc . . sn Section 18.390.060E of the community Development Code. aforesaid county and state; that the f ~~hli e IIe a r; n a / Z 07, 2 0 0 0 - 0 Q ! F~• information Wray. be, obtained from the City of Tigard i Planning Division at 13125 SW Fall Blvd.; Tigard, Oregon 97223, or a printed copy of which is hereto annexe. b' calling503-639-4171. . • . entire issue of said newspaper for U LIC HEARING ITEM: - ZONE ORDINANCE AMENDMENT (ZOA) 2000-00004 consecutive in the following Issues: > DOWNTOWN PARVJNC CODE AMENDMENT < The City, of Tigard is -requesting approval, of a Zone Ordinance August 9 , 2 0 01 Amendment to allow existing; buildings directly abutting Main Street to be exempt from having to, add additional ofd street. parking for a change . of use. However, construction of new bui'Idings and entertainment uses abutting, Main: Street' viill be required to •ineet the off-street parking standards according to Table 18.765.2 (Minimum and Maximum Required Off Sheet', Vehicle and Bicycle Parking. Requirements) in the.'•Ti*d" Community Development Code. Subscribed or o ore me thi LOCATION: All- properties abutting -SW Main Street. ZONE: i CBD: Central.Business District. The. CBD zoning district is designed. to provide a concentrated central business district„- centered on the City's historic downtown, including a mix, of civic, retail and office Ni uses. Single-family attached housing,'at a maximum. density of 12 units/net acre; equivalent to the R-40 zonin district, are p tted My Commission Expires: outright. A wife range or uses4 including but not,lttntted WmON, entertainment, utilities, facilities with drive-up 'windows, medical 1 AFFIDAVIT centers, major event entertainment and lose -stations, are permitted conditionally. APPLICABLE dMM_*;:CRUIRRIAt Statewide Planning Cbals 1, 2, S and-9; Compt'ejiensive' Phan Policies .1.1.423.1, 2.1.2,-!.1 :3 and 5.3; and Community Dcvelopment Code 'Chaptcc's 18.380. 18.390 and 18:76 ~ V'tCt?It4°9Pt31M ffisloas'assae[ ,1fh42i190Q~44 ' . • s~:ssaaams ia01V117G1NH..:i . COM ANEN ENI r ~ w A" i + t ~ q Isublish AtlguB 9,"2001, ; TT"934 'ills CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, k6k begin first duly sworn, on oath, depose and y: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) which were adopted at the Council Meeting dated ! copy(s) of said ordinance(s) being reto attached and by reference made a part hereof, on the _ 1 day of 1 34 "NuN , 20 0 l 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Department, 8777 SW Burnham, Tigard, Oregon Subscribed and sworn to before me this day of A/o Fern be.- , 20 n I Notary Public for Oregon My Commission Expires: OFFMAL SEAL CAREER A GASTOIaI NOTARY PUBLo.ME90N COMMMSION NO. 327906 IiW COMMiS M EXPIRES OCT. 19. 2003 f ~ Attachment 1 CITY OF TIGARD, OREGON ORDINANCE NO.OI--LL- AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 11,702 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2001-00002). WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code on July 10, 2001, and WHEREAS, the approximate 11,702 square foot portion of the right-of-way had previously been dedicated to the public; and WHEREAS, SW Beveland Street has been realigned to ensure better traffic flow at the SW Beveland/SW 72nd Avenue intersection; and WHEREAS, the applicant has requested that the City of Tigard vacate the approximate 11,702 square foot portion of public right-of-way; and WHEREAS, the said portion of public right-of-way may no longer be necessary; and WHEREAS, the Tigard City Council finds it appropriate to vacate the requested public right-of- way; WHEREAS, the City will no longer have maintenance responsibility of this area; and WHEREAS, all affected service providers, including utility companies and emergency service providers, have reviewed the'vacation proposal and have provided no objections; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described by ORS 271.080; and WHEREAS, in accordance with Tigard Municipal Code 15.08.120, notice of the public hearing was posted in the area to be vacated and published in the newspaper; and WHEREAS, the property owners of the majority of the area affected have not objected in writing; and WHEREAS, the City Council having considered the request at a public hearing on August 28, 2001, finds that it is in the public interest to approve the request to vacate said public right-of-way as the public interest will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130. ORDINANCE No. 01- 1 i:\citywide\ord\ VACBE V ELANDORD.doc Page i of 2 111=~~ 0 1111111111 loll ~ t NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of an approximate 11,702 square foot portion of public right-of-way as more particularly described in Exhibit "A" and Exhibit "B" and by reference, made a part hereof. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By un (LyY% 10UlS vote of all Council members present after being read by number and title only, this c'W `l day of , 2001. 'n11 GC~ atherine Wheatley, City ecorder APPROVED: By Tigard City Council this 2j day of 2001. J G r Approved as to form: Attorney a~ ayQ =~~~4- Date ORDINANCE No. 01- 1 i:\citywide\ord\VACBEVELANDORD.doc Page 2 of 2 Exhibit A Grtiffinl LANd SURVEyiegq 12700 SW North Dakota St. - Suite 180, PMB 218 - Tigard, Or. 97223 Office: (503)5798503 Fare (503)579-6823 April 30, 2001 S.W. l3eveland Road - Right of Way Vacation Legal Description . A portion of SW Beveland Road as platted in "Hermoso Park" a subdivision filed In Washington County Plat Records, situated In the NE 114 of Section 1, TA., RIK, W.M., City of Tigard, Washington County, Oregon, being more particwiariy described as follows: Beginning at the Southwest comer of Lot 18 of said 'Hermosa Parr; Thence Easterly along the North right of way One' of said SW Beveland Road to a point 46 feet vmsterly, when Ineasured•st right angles, from the centertine of SW 72nd Avenue; • Thence parallel with said centerline. S 2033'30' W, 30.17 lest to the canterline of said SW Beveland Road; Thence continuing parallel with the centerline of said SW 72nd Avenue, S 2'3330' W, 22.37 feet Thence along the are of a curve concave Westerly, having a radius of 20.00 feet, through a central angle of 22"24'32" (chord bears S 13°45'48" W, 7.77 feet) a distance of 7.82 feet to the South right of way line of said SW Beveland Road; Thence along Bald South right of way line, N 81°5422" W, 150.17 feet; Thence along the arc of a non-tangent cxirve concave Northeasterly, radius point gars N 29•27'42` E, 245.00 feet, through a central angle of 9"1659" (chord bears N 55°53'48' W, 39.65 feet) a distance of 39.69 feet; Thence along the arc of at reverse curve concave Southvwesterly, having a radius of 305.00 feet, through a central angle of 5'35'28' (chord bears H 54603'62" W. 29.75 feet) a distance of 29.75 feet to a point S 8°05'38' W from.the Southwest comer of said Lot 18; Thence N 8°05'38' E, 28.71 feet to the point of beginning. Courses in the above description are derived from a Record of Survey prepared In March 2001 by Minister-Glaeser Surveying Inc. i REGISTERED PROFESS I®NA11- LAND SURVEYOR OREGON s KOWETi•I 0. GMMN . r~~ G~3~la 1 ~hibit B I ~ z;s o~ m d tl: ~i s t lit 3I v PAL ~+ls crul t We t a t M WT, f PIN y3~ Q pp Nye W KQ K S~ ~ ii'w ~oY ~A1 .c d gt R « w z Ur t BOEHM- ' eia0a•/rIC r►O■r4flOr aaaia■ ST CLINTON c~ VICINITY MAP a o s v s. -we e HIIIL- t~D V 7 \A(2001 Od0ob ao .r v ~s v DARTMOUTH ST REVELAND STREET 72ND AVENUE W PUBLIC RIGHT-OF-WAY ' STREET VACATION MHURST ST Q App roximate ar ,N sr eEV~D RFVFMIAN ST 0 z s GONZAGA N 0 SDI 400 000 FM 1'r a371a1 i SW City of Tigard HAMPTON Llod, I I of nap is bt ya - leawn"00 . t4laS iW HN DM rolm, off 973:3 .103) 63f.a17t ~gpY~ww.d.lfpatdaua 001; :1map cWIA I O3.APR Community ,elopcl►ent CITY OF TIGARD, OREGON ORDINANCE NO. 01-)a A ZONE ORDINANCE AMENDMENT (ZOA2000-00004), AMENDING CHAPTER 18.765 OF THE TIGARD COMMUNITY DEVELOPMENT CODE. WHEREAS, the Main Street area is envisioned as a "focal point" for the community in "Tigard Beyond Tomorrow"; WHEREAS, current buildings abutting SW Main Street are historical in character and possess a distinctive shape and size that help define this area; WHEREAS, buildings abutting SW Main Street are exempt from the off-street parking standards for a change of use, which will help maintain these buildings' viability for use, thereby maintaining the area's character; and WHEREAS, construction of new buildings abutting Main Street and entertainment uses will be required to meet the off-street parking standards according to Table18.765.2 (Minimum and Maximum Required Off- Street Vehicle and Bicycle Parking Requirements); and WHEREAS, the Planning Commission opened a Public Hearing on the request on November 6, 2000, and indicated they were supportive of the proposed amendment with the addition that "new construction to replace existing square footage is also not required to add additional off-street parking" and directed staff to prepare langauge and an Ordinance for Council review and approval; and WHEREAS, the City Council will determine that the proposed language adequately addresses concerns regarding the exemption of off-street parking for a change of use in existing buildings abutting SW Main Street, however, requiring new buildings and entertainment uses to meet current off-street parking standards. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Table 18.765.2 of the Tigard Development Code is hereby amended to add the following language: (see Exhibit A) 151 Existing buildings directly. abutting Main Street are not required to add additional off-street narking for a change of use except for entertainment uses New buildings or existing buildings that: undergo. remodeling_nrovided. the original square footage of the buildings remain the same. -also., are not required to add additional off-street arkin Entertainment, uses: an(f construction of nd*-I buildings abutting Main .Street require narking according ta.die standards of TAW.1.&.165.2, SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. ORDINANCE No. 01-~ Pagel of 2 11 11111 - PASSED: By U Y10 nl M DU5vote of all Coun5c'1 members present after being read by number and title only, this cDV201 day of : 2001. Lk Catherine Wheatley, City Recorde APPROVED: By Tigard City Council this day of , 2001. 7~es E. Griffith, 14#1 A roved as to form: ity Attorney Date 1:Urp1nM)eth\parking amendment\zoa2000-00004.Ord.doc ORDINANCE No. 01 - Page 2 of 2 1illio 1 ME a.ZRAFT.......ZRAFT..as..a.DRAFT DRAFT DRAFT........ DRAFT...... EXHIBITA ADDITIONS: Indicated in highlight& undeAlne DELETIONS: NONE ::1 Table 18.765.2 Minimum and Maximum Required Off-street Vehicle and Bicycle Parking Requirements (Cont.) M - 001V11M MINIMUM ZONE A ZONE B BICYCLE Postal Services 2.5/1,000 3.0/1,000 4.5/1 000 0.3/1,000 Public Support Facilities none none none none Religious Institutions 1.0/2 seats in main assembly area (M) 1.0/1.7 seats in main assembly area 1.0/1.3 seats in main assembly 1.0/20 seats in main assembly M area area Schools Preschool: 5.0+1/classroom Preschool: 7.0+1.0 classroom Preschool: 10.0+1/classroom Preschool: 1.0/classroom Elementary!JR: 2.0/classroom Elementary/JR:2.5/classroom Elementary/JR:3.5/classroom Elementary/JR: 6.0/classroom SR: 1.015 students/staff M SR: 1.0/3.3 students/staff M SR: 1.0/3.3 students/staff SR: 6.0/classroom Social/Fraternal Clubs/Lod es 10.0/1000 main assembly area 12.0/1,000 main assembly area 14.0/1000 main assembly area 2.0/1000 main assembly area COMMERCIAL. Commercial Lodging 1.0/room 1.2/room. 1.4/room 1.0/10 rooms Eating and Drinking Fast food: 9.9/1,000 (M) 12.4/1,000 (M) 14.9/1,000 (M) All: 1.0/1,000 Establishments other: 15.311000 M 19.1/1000 23.0/1000 M Entertainment - Oriented Major Event Entertainment 1.0/3 seats or 1.0/6' bench 1.0/2.5 seats or 1.012 seats or 1.0/10 seats or 40' bench 1.015' bench 1.0/4' bench Outdoor Entertainment 4.0/1,000 M 4.511 000 5.0/1 000 0.411 000 Indoor Entertainment 4.3/1,000 (M) 5.411,000 (M) 6.511,000 (M) 0.511,000 Theater: 1.0/3 seats M Theater: 1.0/2.5 seats M Theater 1.0/2.0 seats M 1.0/10 seats Adult Entertainment 2.5/1,000 3.5/1,000 4.511,000 0.511,000 1.0/3 seats 1.0/1.25 seats M 1.0/2.0 seats M 1.0/20 seats General Retail Sales - Oriented 3.7/1.,000 M 5.1/1 000 M 6.2/1,000 0.3/11000 Personal Services 2.5/1,000 3.011,000 4.5/1,000 1.0/1,000 Bank with drive in: 4.3/1,000(M) 5.4/1000 6.5/1,000 M 1.0/1000 Repair - Oriented 3.3/1,000 4.011000 4.5/1,000 0.311000 Bulk Sales 1.0/1,000 but no less than 10.0 1.3/1,000 2.0/1,000 0.3/1,000 Outdoor Sales 1.0/1,000 sales area 1.3/1,000 sales area 2.0/1,000 sales area 0.111,000 sales area Animal - Related 3.3/1,000 4.0/1,000 4.5!1,000 0.3/1,000 abutting a' Street are roguircd to dd additional off-street arkin for a change f u §e except for entertainment use . Entertainment uses and c2LgRdon w in ark' according t the-slMdards of Table 8 7 2. New uil ffi s or existing uildin s at under rem eling-Rrovided ft gliigi a g , g fbgt4go of the buildings reMain the same also are not required to add additional off-street parking. Off-Street Parking and Loading Requirements 18.765-16 11126198 (i:Urpln\beth\parking amendment\=2000.00004.table 18.doc Revised 1-Aug-01) Sr OlOORA►IIIC INFORM ITIOM ST41eY VICINITY MAP S~ H C<q~ 3T Q` p eo_ ~ eee- a eee- ee~ x m ZOA2000-00004 _ ea eee. ees• ee~ ®e~ a ,e s~ sas o~ s DOWNTOWN 5~ "s PARKING 0° c CODE AMENDMENT A Properties that directly abut SW Main Street A are indicated in hash marks N 0 200 400 6W Feet 1'• 437 feel City of Tigard T InfOn'680n on We neap Is for genenl location only end 4hould be veASed Wth the Development Servlcae Diwzion, 13125 SW Hal Blvd T igeN, OR 97223 (503) 631+.4171 httP:fAwAv.Ci.UPrd.or.ue Community Development Plot date: Oct 2, 2000; C:LnagicVvIAGIC03.APR 1 CITY OF TIGARD, OREGON ORDINANCE NO. 01- /3 AN ORDINANCE AMENDING CHAPTERS 2.36.030, 2.36.040, 7.100.10, AND 7.100.40, OF THE TIGARD MUNICIPAL CODE TO CLARIFY PROCEDURES FOR LIBRARY BOARD MEMBER APPOINTMENT AND TERMS, AND THE PROCEDURE FOR EXCLUSION FROM THE TIGARD PUBLIC LIBRARY. WHEREAS, certain sections of the Tigard Municipal Code referring to the operation of the library board are outdated; WHEREAS, current code provisions regarding exclusion from the Tigard Public Library are outdated and/or ambiguous, and are in need of revision; WHEREAS, the public interest is served by clarifying the Tigard Municipal Code in these areas; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Section 2.36.030(b)(1) of the Tigard Municipal Code is amended to read as follows: (1) The term for each library board members shall be four (4) years. Terms commence on July 1 and end on June 30 four years after commencement. Existing members shall complete their terms, with two terms ending each June 30 of each year, except that only one term shall end on June 30, 2005 and each fourth year after that. SECTION 2: Section 2.36.030(b)(2) of the Tigard Municipal Code is amended to read as follows; (2) The City Council shall appoint a person to a four year term on expiration of the term of any member of the library board. If a vacancy occurs for any reason other than expiration of a term, the City Council shall appoint a new member to serve for the duration of the unexpired term. The library board shall advise the City Council of any unfilled vacancies. SECTION 3: Section 2.36.030(b)(3)of the Tigard Municipal Code is amended to read as follows: i (3) No person may serve more than two (2) consecutive full terms on the library board. A person who is appointed to fill an unexpired term may serve two full consecutive terms immediately after the partial term. A person who has served two consecutive full terms may be appointed to the library board no sooner than one full calendar year after expiration of the last term the person served. For purposes of this section, a person who starts a full term is deemed to have served the full term, even if that person does not complete the term. SECTION 4: Section 2.36.030(d) of the Tigard Municipal Code is amended to read as follows: ORDINANCE No. 014-5- Page 1 (d) Officers. The library board shall, at its first meeting after July 1 of each year, elect a 1 chairperson and a chairperson pro tem. The chairperson shall preside over meetings of the board, and the chairperson pro tem shall preside over meeting when the chairperson is absent. If both the chairperson and the chairperson pre tem are absent and a quorum is present, the members present shall by motion decide which of the members present shall preside over the meeting. Any member may preside over the motion to elect the person to preside over a single meeting. If the chairperson or chairperson pro tem should resign, the board shall elect a replacement at the first possible opportunity. All terms as chairperson or chairperson pro tem shall temninate on election of a successor. SECTION 5: Section 2.36.030(e) shall be added to the Tigard Municipal Code and read as follows: (5) The Director of Library Services or designee shall serve as secretary to the library board and shall keep accurate records of all board meetings, which records shall be made available to the city manager, city council, and the public. SECTION 6: Section 2.36.040(1) of the Tigard Municipal Code is amended to read as follows: (1) To represent the community and to communicate the library needs of the community to the City Council; SECTION 7: The following sentence which appears at the end of Chapter 2.36 is deleted: For statutory provisions enabling a city to establish, equip and maintain a free library, see ORS 357.410. SECTION 8: Section 7.100.10.A of the Tigard Municipal Code is amended to read as follows: A. A person may be excluded from the Tigard Public Library for a period of up to ninety (90) days if the person commits one of the following acts: 1. Theft of Tigard library materials or unlawful detention of Tigard library property; 2. Acts that constitute any degree of any of the following crimes or violations under state law or this code, if committed within the Tigard Public Library or on Tigard Public Library grounds: a. Assault; b. Stalking; e. Criminal Mischief; i d. Riot or disorderly conduct; i e. Menacing; f. Recklessly endangering another; g. Harassment; h. Unlawfully applying graffitti; i. Possession of a firearm or dangerous weapon in a public building; j. Criminal trespass. ORDINANCE No. o1-13 Page 2 0 3. Refusing to leave the library when told to do so by library personnel or a police officer, or returning to the library on the same calendar day after being told to leave. SECTION 9: Section 7.100.30 of the Tigard Municipal Code is amended to read as follows: Within thirty (30) days of the actions listed in Section 7.100.10.A as a basis for exclusion or within thirty (30) days of the issuance of a second warning notice, the City may issue a written exclusion notice excluding the person from the Tigard Public Library. The notice shall specify that the person is to be excluded from the Tigard Public Library, the period of exclusion, and the time the exclusion is to commence. The notice shall provide information concerning the right to appeal the exclusion notice to the Civil Infractions Officer. The City employee issuing the notice shall ask the person to whom the exclusion notice is issued to sign an acknowledgment of the notice. If the person to whom the notice is issued refuses to sign, the person issuing the notice shall make a written record of the refusal. The exclusion notice may be issued at the time of arrest, if an arrest is made. At the time of the occurrence of any conduct listed in Section 7.100.103, the City may issue a written wanting notice. The notice shall describe the reason why the warning is issued and state that a second notice within ninety (90) days shall be grounds for exclusion or loss of library privileges. The wanting notice shall contain information concerning the right to seek vacation of the order by submitting a written appeal to the Director of Library Services within five (5) days of the issuance of the warning notice. If the Director of Library Services receives a written appeal of a warning notice, the Director of Library Services may vacate the notice on a determination that the actions of the person to whom the notice was issued did not justify a warning notice. SECTION 10: Section 7.100.40.A of the Tigard Municipal Code is amended to read as follows: An appeal of the exclusion must be filed, in writing, within five (5) calendar days of the notices issuance with either the office of the Director of Library Services or the Chief of Police. The notice of appeal shall include the following: 1. the appellant's name, address and telephone number; 2. a concise statement as to why the issuance of the exclusion notice was in error; and, 3. a copy of the notice of exclusion appeal form. i 1 SECTION 11: Section 7.100.40.C of the Tigard Municipal Code is amended to read as follows: 1 i C. At the hearing on appeal, the City shall have the burden to show by a preponderance of the evidence that the exclusion is justified by this chapter. s SECTION : This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. ORDINANCE No. 01-B Page 3 MMJ PASSED: By Ur1MIWUS vote of all Council members present after being read by number and Q title only, this day of tr , 2001. Brine Wheatley, City Recorder bG~ APPROVED: By Tigard City Council this_ day o 2001. es E. r Approved as to form-- Y Y' Attorney u s a~ av~1 Date ORDINANCE No. 01-13 Page 4 TIGARD MUNICIPAL CODE Chapter 2.36. PUBLIC LIBRARY'. mayor, subject to confirmation by the city council, shall appoint a person to a four-year term. If a 2.36.010 Title. vacancy occurs for any reason other than 2.36.020 Established. expiration of a term, the mayor, subject to 2.36.030 Board-Established-Term- confirmation by the city council, shall appoint a Appointment-Meetings new member to serve for the duration of the 2.36.040 Board-Responsibilities. unexpired tern. 2.36.050 Donated funds. 2.36.060 Fees. (3) No person may serve more than two full consecutive terms on the 2.36.010 Title. library board, notwithstanding prior appointment to an unexpired term. After a one-year interval, a The ordinance codified in this chapter former member who had served two terms may shall be known and may be cited as '"The City of be reappointed. Tigard Library Ordinance." (Ord. 72-30 §1,1972). (4) Members of the library board shall receive no compensation. 2.36.020 Established. (c) Meetings. The library board shall A public library is established in and for meet at least six times a year and every meeting of the city of Tigard, Oregon. (Ord. 72-30 §2,1972). the board shall be publicized in advance and shall be open to the public. 2.36.030 Board-Established-Tern- Appointment-Meetings (d) Officers. The library board shall, -Officers. at its first meeting after July 1, 1977, and at least annually thereafter elect. a chairman and a (a) Established. There is established chairman pro tem. The chairman shall preside library board of seven members, six of whom shall over the meetings of the board. The head be residents of the city and one of whom may librarian, or his authorized designee, shall serve reside within or outside the Tigard corporate as secretary to the library board and shall keep limits. accurate records of all board meetings which records shall be made available to the city (b) Tern. administrator, city council and interested public upon request. (Ord. 84-35 %1, 2, 1984: Ord. 77-57 (1) The terms of the members §1,1977.Ord. 72-30 §3,1972). presently serving on the library board shall terminate according to the following schedule: 2.36.040 Board-Responsibilities. Mary Slemmons, June 30,1978; The library board shall have the following Don Jacobs, June 30,1078; responsibilities: New Member, June 30,1979; New Member, June 30,1979; (1) To represent the library needs of Yvonne Burgess, June 30,1980; the community and communicate those needs to Jeri Cundiff, June 30,1980; the city council; Betsy Chick, June 31, 1981. (2) To recommend library policies as (2) At the expiration of the deemed desirable in the operation and utilization tern of any member of the library board, the of library facilities to the council; 2-36-1 Reformatted 1994 TIGARD MUNICIPAL CODE (3) To encourage and support active volunteerism in support of the use and improvement of library facilities; (4) To advise, as the council may request, in furtherance of the goal to provide the best library service to the public as possible within the constraints of available resources, space and manpower. (Ord. 91-20 §l, 1991: Ord. 77-57 §2, 1977: Ord. 72-30 §4,1972). 2.36.050 Donated funds. All funds donated to the city for library purposes shall be subject to the same rules, regulations and expenditure control as applicable to appropriated funds; provided, however, that such donated funds shall be accounted for under the caption of "public library donations," and such funds shall be subject to expenditure only for the purposes for which donated, except that funds received from donors without specific limitations as to use may be used for general library purposes. (Ord. 72-30 §5,1972). 236.060 Fees. (a) Users and patrons who reside in or have their business in the city limits of Tigard shall not be required to pay a library privilege fee, but shall be liable to pay such fines or late charges as may be prescribed by resolution of the council. (b) All fees and charges received shall be accounted for as general fund receipts under the heading of "public library." (Ord. 84-35 §3,1984: Ord. 76-55 §1,1976: Ord. 72-30 §6,1972). * For statutory provisions enabling a city to establish, equip and maintain a free library, see ORS 357.410.0 2-36-2 Reformatted 1994 TIGARD MUNICIPAL CODE Chapter 7.100. EXCLUSION FROM TIGARD 8. Possession of a firearm or PUBLIC LIBRARY dangerous weapon in a public building as prohibited by ORS 166.370 (1995); 7.100.10 Exclusion from Tigard Public Library 9. Menacing as defined in Tigard City 7.100.20 Persons Authorized to Issue Code Section 7.20.020, Exclusion or Warning Notices. 7.100.30 Issuance of Exclusion Notices or 10. Recklessly endangering another Warning Notices. person as defined in Tigard City Code 7.20.030; 7.100.40 Right of Appeal. 7.100.50 Variances. 11. Harassment as defined in Tigard City Code 7.20.040; 7100.10 Exclusion from Tigard Public Library 12. Criminal Trespass as defined in ORS 164.243 to 164.265 (1995) A. A person is subject to exclusion from the Tigard Public Library for a period of up to ninety B. In addition to the above, a person is (90) days in the event they have been arrested subject to exclusion or may otherwise have their and/or convicted for any of the following library privileges restricted or suspended for a conduct: period of up to ninety (90) days in the event they, (or a person under their control or direction) has 1. Assault as defined in ORS Chapter been issued at least two (2) Tigard Library 163 (1995) in and/or around the Tigard Public warning notices within any ninety (90) day period Library; for any of the following conduct: 2. Stalking as defined is ORS Chapter 1. Sleeping using bedding, sleeping 163 (1995); bag or other sleeping matter in the Tigard Public Library unless such use has been approved in 3. Theft as defined in ORS Chapter advance by the Director of Library Services; 164 (1995) of Tigard library materials; 2. Use of Tigard Public Library 4. Criminal mischief as defined in facilities and/or equipment for activities ORS Chapter 164 (1995); unrelated to the purposes of the Library as those purposes may be determined by the Tigard 5. Any of the graffiti-related offenses Library Board. as defined in ORS Chapter 164 (1995) involving publicly owned structures within the city limits of 3.. Loud or excessive noise or use of Tigard; amplified recording or sound production equipment including but not limited to radios, 6. Wilful detention of library property tape recorders, compact disc (CD) players such as defined in ORS 357.975 (1995); that the sound produced thereby is audible five (5) feet from the device unless such use has been 7. Riot, disorderly conduct, or approved in advance by the Director of Library j harassment as defined in ORS 166.015, 166.025, Services. f 166.065 (1995); C. As used in subsection (A) above, the term "library privileges" means the ability to obtain the free use of any printed material, 7-100-1 Rev. 4/23/96 711GARD MUNICIPAL CODE pictures, sound recordings or symbols as may be kept in whatever form or manner, be it owned or At the time of the occurrence of any conduct controlled by the Tigard Public Library or other identified in TCC Section 7.100.10A (or within public or private libraries with which Tigard may thirty (30) calendar days thereafter) the Director of through agreement or otherwise have access. Library Services (or such other Library personnel (Ord. 96-15) as the Director of Library Services from time to time may authorize) may issue a written Tigard 7.100.20 Persons Authorized to Issue Library Warning Notice. The notice shall specify Exclusion or Warning Notices. that in the event a second notice is issued to the individual within the time specified in TCC The Chief of Police and the Director of Section 7.100.108, that person shall be subject to Library Services are hereby designated as the exclusion from the Tigard Public Library and/or persons-in-charge of the Tigard City Library for lose such other privileges as the Director' of purposes of issuing exclusion notices in Library Services may in their discretion determine accordance with this Chapter. Either the Chief or to be appropriate for a period of up to ninety (90) the Director of Library Services may authorize days. The Warning Notice shall also contain other Police or Public Library personnel to issue information concerning the right of the individual exclusion notices consistent with this Chapter and, to seek its vacation by appealing to the Director of in addition to the ability to authorize personnel Library Services within five (5) days of its issuance of exclusion notices under this Chapter, issuance. (Ord. 96-15) the Director of Library Services may also authorize personnel under his or her direction and 7.100.40 Right of Appeal. control to issue Tigard Public Library Warning Notices. (Ord. 96-15) The individual to whom an exclusion notice is issued shall have the right to an appeal from the 7.100.30 Issuance of Exclusion Notices or issuance of the notice. Warning Notices. A. An appeal of the exclusion must be At the time of the arrest of an individual for filed, in writing, within five (5) calendar days of any of the conduct(s) identified in T CC Section the notice's issuance with either the office of the 7.100.10 A, (or within thirty (30) calendar days Director of Library Services or the Chief of Police. thereafter) the arresting officer, the Chief of Police The notice of appeal shall state the following: or the Director of Library Services (or such other person(s) as either the Director of Library 1. the appellants name; Services or Chief may have authorized) may issue a written exclusion notice excluding the person 2. their address and a telephone y+ from the Tigard Public Library. The notice shall number where they can be reached; x specify that the person is to be excluded from the Tigard Public Library, the period of the exclusion, 3. a concise statement as to why the the time the exclusion is to commence as well as issuance of the exclusion notice was in error; and, contain information concerning the right to appeal the exclusion notice to the Civil infractions officer 4. attach a copy of the notice of as provided for under Chapter 1.17 of this Code. exclusion appealed from. The person to whom the exclusion notice is is;:ued shall sign a written acknowledgment of the receipt A hearing on the appeal shall be had as of the exclusion notice; if the person refuses to so provided for in Chapter 1.17 of this Code and take sign, the arresting officer shall make a written place no more than ten (10) calendar days after record of the refusal. 7-100-2 Rev. 4/23/96 mill TIGARD MUNICIPAL CODE the filing of the appeal, except in the event the Civil Infractions Officer determines otherwise. 8. The exclusion shall not take effect during the pendency of the appeal. In the event no appeal is properly and timely filed, then the exclusion shall take effect on the sixth calendar day following the issuance of the notice. C. The City shall have the burden to show by a preponderance of evidence that the exclusion is based on conduct enumerated in TCC Section 7.100.10A or is based on the issuance of two Tigard Public Library Warning Notices for the conduct Identified in TCC Section 7.100.108. A determination by a court of competent jurisdiction that the arresting officer had probable cause to effect the arrest of the individual for the conduct used as the basis of the exclusion shall be prima facie evidence that the exclusion is well founded. D. Copies of any and all documents in its control which are intended to be used by the City at the hearing shall be made available to the appellant at least two (2) days in advance of the hearing. (Ord. 96-15) 7.100.50 Variances. Variances from the exclusion may be granted at any' time during the exclusion by either the Chief of Police or the Director of Library Services. (Ord. 96-15)® 7-100-3 Rev. 4/23/96 Study AGENDA ITEM # Session FOR AGENDA OF 8128/01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Strategic Planning Discussion _ PREPARED BY: Bill Monahan DEPT HEAD OK CITY MGR OK a~ ISSUE BEFORE THE CQ MC_1L. In a study session format, staff is returning to Council to discuss the potential prioritization of the major funding issues that face the community over the next several years. The questions before Council include, 1) is Council in agreement with the priorities noted, 2) are other issues either present or anticipated that should be added to the list or replace other issues presently noted, and 3) are the preliminary dollar figures assigned about right, too high, or too low? STAFF RECOMMENDATION Staff recommends that the City Council engage in a discussion with staff about the strategic plan issues, determine if the priority list developed is acceptable for now or suggest changes, and select a future meeting date when the list should be revisited. INFORMATION Si h4MARY Over the past several months, the city Executive Staff and City Council have identified and discussed several financing issues that will require action by the community over the next several years. The issues are primarily impacted by the availability of general fund revenues to provide improved public facilities and programs. In recent years, the City has been unsuccessful in attempts to obtain voter approval of money measures. A plan to address the community financial needs in a systematic manner would appear to increase the likelihood of success while addressing the most significant needs first. On May 15, 2001, in a workshop setting, Council gave input to the preliminary list of issues identified by staff. Council asked the Executive Staff to continue working on the question and attempt to further refine the timelines, priorities, and financial need estimates. The staff has completed that effort and prepared a list showing issues that likely should be addressed in 2002 and 2004 while noting that several other issues loom "on the horizon" which must be taken into account. Council should discuss the work product to date and provide additional input. OTHER ALTERNATIVES CONSIDERED Address each individual municipal financial issue independently as it comes before City Council. VISION TASK FORCE GOAL AhM ACTION COMETTEE STRATE Several of the issues being reviewed are mentioned in the Tigard Beyond Tomorrow document. Specifically, the need to evaluate the need to construct a new library is mentioned, as well as the need to identify and develop funding resources to address growing transportation and traffic needs are mentioned in the visioning document. A=ACBJ ENT LIST 1. Strategic Plan Memo - August 21, 2001 2. May 15, 2001 Council Agenda Item Summary - Strategic Planning of Funding for Library, Transportation, Recreation and Public Facility Needs/General Fund. 3. Minutes of the May 15, 2001 Council discussion of the agenda topic 4. Power Point presentation given at the May 15 City Council workshop 5. Strategic Planning List developed by the Executive Staff since May 15, 2001. FISCAL NOTES Each component of the strategic plan has a financial consequence. The Strategic Planning List shows preliminary estimates of cost. I:NOMIC" COUNGLMCOUNCIL AGENDA REM SUMMARIES\STRATEGIC PLANNING DISCUSSION.DOC Attachment 1 MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor nd City Council Members FROM: Bill Monaha(; ] DATE: August 21, 2001 SUBJECT: Strategic Plan On May 15, 2001, in a workshop setting, City Council discussed the major funding issues which are pending for the next five years. Following a financial forecast presentation by Finance Director Craig Prosser, I reviewed election requirements for future bond issues, the potential election dates for future actions, and some of the "knowns" that are in place. Council identified a series of issues which face the community. The consensus of council was that the library was the highest priority requiring attention. An election for a construction bond likely will be placed before voters in 2002. Council also suggested that transportation improvement needs were high on the list. Council directed the City Manager and executive staff to review the list of issues which were identified and return with additional timelines and funding information, if known. The executive staff met on a couple occasions after the May workshop. A list of issues, prioritized as to a time frame of 2002 or 2004, was developed. The attached Strategic Planning List was developed by the executive staff. At this point, council's review of the issue list and acknowledgement that the issues represent the focus of City Council and staff energies is sufficient. The list then will be consulted periodically to determine if adjustments to the schedule and priorities are appropriate. aft %0WW U%STRATEQA= MEMO=1-05 PL4N.WC Attachment 2 AGENDA ITEM # 5 FOR AGENDA OF _5-15-01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Strateiic Planning ofFunding _for Library, Transportation, Recreation & Public Facility Needs/ General Fund. PREPARED BY: William A. Monahan DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Council should have a discussion of the major funding issues which are pending requiring Council review and decisions over the next few years. Since the resources that are available to the community are limited, some prioritization of needs should occur as well as scheduling potential bond measures. STAFF RECOMMENDATION Staff recommends that the City Council discuss the major funding issues facing the community and determine a tentative schedule for addressing these needs. INFORMATION SUMMARY The City has several financial issues facing it in the next several years related to the availability of general fund revenue and the need for providing improved public facilities and programs. In recent years, the City has failed to obtain voter approval of both a public facility bond in 1998 and a transportation funding package in 2000. In addition, voters rejected the Atfalati Recreation District proposal in 2000. Presently, the City Council, staff, and citizen committees are evaluating the need and funding options for a new library facility as well as transportation improvements. Meanwhile, the Atfalati Recreation District or some other entity may consider seeking funding at some time for recreation programs and facilities. With several funding issues facing the City, it is important that the City Council be briefed on the City's financial situation, possible funding sources, and the potential funding needs for a new library and road improvements. Each of the issues impacts the other. In addition, because the City has not been successful in passing voter approved bonds to finance major improvements, there is a need for a coordinated effort and planned out scheduling of any financial package that goes to the voters. On May 15 staff will lead a discussion with Council on the information presently known on the funding needs for a new library, trends and costs related to transportation improvements under the City's jurisdiction, and other general fund related issues. Craig Prosser will brief the Council on the Financial Plan and the options available to the City to reverse the direction of the general fund. A local option levy, as allowed by Oregon law, should be explored as an option to provide additional general fund dollars for City operations in future years. Based upon the discussion on May 15, the Council and staff should continue to prepare a prioritization and sequence of activities which can then be used to guide the plans and actions of Council, advisory groups, and staff. For instance, if the Council chooses to place a library facility bond on the ballot in 2002, ahead of other funding requests, what would the logical next package entail and when would it be considered by the voters? Based upon the direction given by Council, staff can return with alternatives and information on the impact that the alternatives have on the City's financial position. Citizen members of the Budget Committee will be invited to attend the workshop session and participate. While no final decisions on the specifics of a strategic plan for funding are necessary at this time, if direction is given, better long-range planning can result. OTHER ALTERNATIVES CONSIDERED Address each municipal funding issue independently as it comes before Council. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY ATTACHMENT LIST FISCAL NOTES Once a final decision is made on a strategic plan, each individual element of the plan will have fiscal consequences. LtADu CRY GOUNGLILOUMGL AGENDA REIN SUMMARIMSTRATEGIC PLANNING OF FUNDING.DOC Attachment 3 F • Cable television showcase programs for this year are planned for the Library and the 401 Birthday Celebration. • Suggestion: Include the Budget Committee minutes on the website. • A copy of the first "Goal Guide" was distributed to the City Council. 4. DURHAM QUARRY UPDATE Community Development Director Hendryx introduced this agenda item and also distributed information to the City Council. He introduced Larry Eisenberg from Washington County who updated the City Council on the status of the Durham Quarry. This has been a collaborative process among the jurisdictions of Washington County and the cities of Tigard, Tualatin and Durham. Mr. Eisenberg recapped the history of this property and the plans envisioned for its future to create a mixed-use, destination development. He also discussed the current high volumes and traffic situation, and described how these issues could be addressed. Council received information about proposals from "world class developers" from Teresa Wilson, Property Manager for Washington County. A staff recommendation for a developer will be submitted to the Washington County Board of Directors on May 22. > Russ Rutledge, Tigard High School Envoy, gave his update to the City Council. A copy of his Student Envoy Report is on file with the City Recorder. Mr. Rutledge introduced Mr. Nathan Leamy who will be the City Council Envoy for the next school year. It was noted that Mr. Rutledge received the "Community Leader of the Year Award." 5. STRATEGIC PLANNING OF FUNDING FOR THE LIBRARY, TRANSPORTATION, RECREATION AND PUBLIC FACILITY NEEDS/GENERAL FUND City Manager Monahan introduced this agenda item. A copy of the PowerPoint presentation illustrating the highlights of the information offered to the City Council is on file with the City Recorder. Finance Director Prosser reviewed the financial forecast. City Manager Monahan reviewed the election requirements, potential dates, and "realities." Discussion followed, with key issues idendfled (brainstormed) as followed: I. Library 2. Transportation COUNCIL MEETING MINUTES - May 15, 2001 page 3 Elements: major collectors; alternatives to Pacific Highway 99 Operations and maintenance of roads 3. Local Operating Levies 4. Washington Square Implementation Transportation Open space Drainage 5. Recreation Programs Facilities 6. Water Supply Revenue Bond 7. Downtown Redevelopment 8. City Facilities Renovate library building for offices Renovate City Hall offices (possibly from funds set aside now for the Library) Determine whether feasible or desirable to purchase the water building Relocate public works Determine whether to sell the current Public Works yard Extend life of police building by utilizing the "Niche" building 9. Parks and Trails Acquisition Development 10. Sewer Extension Program 11. Commuter Rail 12. Bus System and Shelters 13. Sidewalks 14. Annexation - Operating and Equipment Costs 15. Urban Growth Boundary Expansion 16. Social Services 17. Affordable Housing 18. Population Diversity 19. Funding Mechanism for Development - Infrastructure - Downtown - Triangle - Washington Square City staff will review the above list and come back to the City Council at its ]une 19 workshop meeting with timelines (trigger points) and funding information. Councilor Patton noted the urgency to move forward on the library in light of the tight timelines. COUNCIL MEETING MINUTES - May 15, 2001 page 4 Council consensus was that the library would be addressed first. Components of transportation could also be addressed as a high priority. The Transportation Financing Strategies Task Force Is not ready to make a proposal, according to City Engineer Duenas. Meeting recessed at 9:17 p.m. Meeting reconvened at 9:21 p.m. 6. REVIEW OF PROPOSED REVISIONS TO TIGARD MUNICIPAL CODE CHAPTER 13.09, REIMBURSEMENT DISTRICTS City Engineer Duenas reviewed this agenda item. A copy of the staff report and the PowerPoint presentation is on file with the City Recorder. After brief discussion, Council agreed to the staff recommendations updating the TMC, as outlined by staff. • Retain the flexibility of the existing ordinance. • Allow administrative overhead costs to be included in the reimbursement fee. • Allow the cost of purchasing an easement within the reimbursement district to be included in the reimbursement fee. Staff will propose an incentive program on June 12, 2001. 7. DISCUSSION OF CITY ATTORNEY RATE INCREASE City Manager Monahan noted this agenda item was a continuation of the discussion from the May 8, 2001, City Council meeting. A copy of the staff report outlining the rate increase proposed by City Attorney staff is on file with the City Recorder. Staff recommended that the City Council approve the rate increase effective July 1, 2001. Council consensus was for staff to proceed by placing this item on the Council business agenda. (Note: Item No. 10, Non Agenda Items, was discussed at this time.) 8. CITY MANAGER REVIEW Mayor Griffith distributed a summary of tabulated results of a performance review form that was completed by the City Council for City Manager Monahan. He advised that, primarily, all areas of performance were commented on favorably. Areas of concern were in "organization and planning" insofar as comments were made that Council members would like to see the City Manager place greater emphasis on long- range planning, with more day-to-day items delegated to the department heads. COUNCIL MEETING MINUTES - May 15, 2001 page 5 'I Ell ~~~achment ;i e i' was L. I 1 • 1 1 1 ' 1 1 1 1 \ 1 1 J 11 1 1 rr. ' 1 . \ 1 1 1 Jim= ENRON oil . e • • a w e - i { { f f i l l 00 e - - - - ' - - - - - - - - - 341 "1 4 amino • I ~ • --I e ~ ~ i ~ 1 e ~ t e s i t ~ ~ ~ ~ . . . . . . • . I + 11 i r ,~~6 / t Bo . . ~ 1 1 11' i~ 11 11. . 11. + + a . eo + e- • -s • • • . p • • • • ` I , . • . p , -r S a ♦ .a 1 • ~ a . • ! ♦ a alga SON ppmxw- --.Samoa . . . . . . - . .........................................................I I I . I I I I . . I I I I I . . Attachmnt 5 2002 - 2004 Strategic Planning List CITY OF TIGARD OREGON 2002 o May -November, Library, $17 million, City o Water Revenue Bond, City or IWB participants (Referred by voters) o Transportation User Fee - Creating fee/ maintenance, City o November Youth Activities/ Operating Funds (Facility and/or Program), City, Recreation District, or other Horizon: o Discussion of Funding for Washington Square Infrastructure • Options: Tax Increment Financing Private Financing through Impact Fee o General Fund Condition • Evaluate fees on a regular basis • Consider a local option levy to supplement general fund revenues to continue providing service at established levels (see 2004) o Additional Water Supply - (Studies, agreements, infrastructure connections, major capital) o Plan for and make decisions on reuse of library, remodeling of office space in library and City Hall o Annexation of Bull Mountain Study o Parks - Acquisition, development, maintenance o Property Sale - Sell Ash Avenue parcels to help offset library costs 2004 o Transportation Bond $12 million o General Fund concern - Operating Levy? Include consideration of library staffing and programs for the new library. o Youth Activity - Capital Funding Request? o Water $4 million for improvements (Estimated by Ed Wegner) o Renovate City Facilities: • Using up to $3 million set aside in the capital facilities account over four budget years. o Buy Water Building (Remaining portions from our partners) o Moving Expenses o Washington Square Funding Horizon: o Recreation Programs/ Facilities WDtfOMSTRATEGRSTRATKi1C PLAN UST.DOC AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : August 28, 2001 (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. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED VISITOR'S AGENDA Page 1 Agenda Item No. 3 , CL_ Meeting of v ! as ! D 1 0 t 11rr Disability Employment Awareness Month WHEREAS, 20% of the population of the United States of America is comprised of people with disabilities, and WHEREAS, current studies place unemployment among the country's people with disabilities at more than 70%, and WHEREAS, more than two-thirds of adults with disabilities In this country desire to work but cannot find employment, and WHEREAS, the Americans with Disabilities Act provided civil rights protection for America's 49,000,000 persons with disabilities, and WHEREAS, America's shrinking labor force requires employers to utilize untapped human resources, such as persons with disabilities, NOW THEREFORE BE IT RESOLVED THAT 1, James E. Griffith, Mayor of Tigard, on behalf of the entire Qty Council, do hereby proclaim: The month of October, 2001, Is designated as Disability Employment Awareness Month In the City of Tigard s And I, Mayor James E. Griffith, call upon the residents of the City of Tigard to observe i the month by teaming about people with disabilities, their strengths, abilities, and ter, programs which serve their needs. r Dated this day of 02001 IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City $ Fr, of Tigard to be affixed. s - James E. Griffith, Mayor' Qty of Tigard S 1 ✓ . Attest: t Qty Recorder v . . I I r4 f ~ ~ 'd Y.t i Agenda Item No. b Meeting of g lag(pl National Alcohol and Drug Addiction Recovery Month D 1 WHEREAS, in the past ZO years medical science has made great strides in learning about ' substance use and the nature of addiction; and WHEREAS, addiction is a chronic, relapsing illness that involves a number of brain chemistry disorders. Treatment for addiction Is as effective as treatments for other chronic medial conditions, such as diabetes and high blood pressure; and f, i c_. WHEREAS, substance use and addiction result in huge societal and economic costs. It was 3 recently estimated that the cost of untreated addiction in the United States is $276 billion a year. Clearly, the toll substance abuse takes on the family and friends of the individual battling with addiction Is Immeasurable. But recover is possible. Every day in every part of the United States, men, women, and youth are entering treatment and beginning the road to recovery and families seek trope and recovery in support programs and counseling; and t WHEREAS, National Alcohol and Drug Addiction Recovery Month celebrates the tremendous strides taken by individuals who have undergone successful treatment families In recover, and L recognizes those in the treatment field who have dedicated their lives to addiction treatment i and recovery and chase they directly or indirectly impact It embraces the theme [We Recover Together. Family, Friends, and Community/; and t WHEREAS, The U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration's Center for Substance Abuse Treatment Invite all residents of the City of Tigard to participate in National Alcohol and Dmg Addlcdon Recovery Month, ~ I NOW THEREFORE BE IT RESOLVED THAT 1, Mayor James Griffith of the City of Tigard, Oregon, do hereby proclaim the month of September, 2001 as National Alcohol and Drug Addiction Recovery Month in Tigard, Oregon and encourage all residents to promote the benefits of drug and alcohol { addiction treatment and recovery and to support community treatment programs. Dated this day of , 2001. M - IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. James Griffith, Mayor City of Tigard s Attest: City Recorder i w"; NUNN= 111111 Iwo is Agenda Itenn No. C_ Meeting of I l O t US, o ~ / :T PROCLAMATION j Undoing Rachm Day d WHEREAS, by Act of Congress of the United States dated July 2, 1964, the Civil Rights Act of 1964 was adopted banning discrimination because of a person's color, * race, national origin, religion, or sex; and WHEREAS, by Act of Congress of the United States dated December 6, 1865, the 131 ` Amendment of the Constitution of the United States was adopted abolishing slavery; and WHEREAS, by Act of Congress of the United States dated July 9, 1868, the 14'" Amendment of the Constitution of the United States giving all persons born or naturalized in the United States the right to due process and equal protection under the s law; and i5. • ` WHEREAS, by resolution of the National League of Cities, we declare racism unjust and advocate equal rights for all; NOW THEREFORE BE IT RESOLVED THAT I, James E. Griffith, Mayor of Tigard, s' on behalf of the entire City Council, do hereby proclaim: ~ I September 20, 2001 as Undoing Racism Day i ~ S S In the City of Tigard, Oregon s ~ and urge all citizens to join together today for the second annual 'Undoing Racism Day" to reaffirm our commitment to ensure equality and freedom for all the people regardless of race, religion, sexual preference, or gender. i i s - -l Dated this day of 2001. i IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. James E. Griffith, Mayor ' City of Tigard r I Attest: l I y'KS ,f i~ t City Recorder N 1 f :i AGENDA ITEM # a . FOR AGENDA OF August 28,2601 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Award of Contract for the Construction of FY 2001-2002 Pavement Major Maintenance Pro am MMP PREPARED BY: Vannie N~ e.~- g_u ~i DEPT HEAD OK: A.P. Duenas CITY MGR OIL: Bill onahan ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the construction of FY 2001-2002 Pavement Major Maintenance Program (PMMP)? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve the contract award to Eagle- Elsner in the amount of $119,952.40. INFORMATION SUMMARY The City of Tigard's Pavement Overlay Backlog list identifies streets that need corrective overlays/inlays and slung seals. The backlog has been reduced gradually. However, due to limited funding, only a few streets from the list can be addressed this fiscal year. The proposed project for FY 2001-02 includes Kable Street (between Naeve Street and 103`d Avenue), 121" Avenue and North Dakota Street (between Scholls Ferry Road and Springwood Drive). These streets will receive a combination of pavement inlay and slurry seal treatment. Ash Avenue (between Scoffins and Commercial Street) and Meadow Street (east of Tiedeman Avenue) will receive inlay treatment. Also included in the proposed project is slurry seal treatment for the following streets in Washington County: 157' Avenue and 158' Terrace (north of Roshak Road) and Baker Lane (east of 158` Terrace). This project was first advertised for bids on June 26, 2001. However, the PMMP work was combined with the installation of embedded crosswalk lights at the intersection of 12155 Avenue and Springwood Drive. There were only 2 bids submitted at the bid opening on July 10, 2001. These bids were extremely high because the prime contractors had to sub-contract the lighting work to electrical contractors and mark up the price. In the Council meeting of July 24, 2001, the local Contract Review Board rejected all bid proposals. Staff has separated the PMMP and the Embedded Crosswalk Lighting project into 2 projects for lower bids and better competition. The PMMP project was advertised for bids on July 30, 2001. The Embedded Crosswalk Lights will be advertised for bids in about two to three weeks. The bid opening for the PMMP project was conducted on August 13, 2001. The bid results are: Eagle Elsner Tigard, OR $119,952.40 Morse Brothers Sherwood, OR $128,312.60 K.F. Jacobsen Portland, OR $138,860.54 Engineer's Estimate $129,000 OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None ATTACHMENT LIST Project location map FISCAL NOTES The amount in the bid for City streets is approximately $112,000. The County's portion of the work is approximately $8,000. The amount of $130,000 has been budgeted in FY 2001-2002 from the State Gas Tax revenue for the PMMP project. This amount is sufficient to pay for the work on the City streets of $112,000. $8,000 will be paid by the County in accordance with the Urban Services Area (IGA). 1Adtywidelsum\Agenda Summary for 2001-02 PMMP-2'd bid.doc ~v gptEA ~ PROJECT LOCH--~ t ` N _ O~ TA PROJECT O ~ jWES U sw N r ~ V ~ t. / sl y1 ~ PRO~Cr LOCpI10N a N nur a+c °R N ~ 12~sT Ate' - Buu um RO ' sj CAII PRQ-IECT ncran s' A~+ ~ ~a..AY fr U,OY yWO% OR N kEA00~ 5T TME{pME ST N HoooviEa rn J ~ u 2 ~E 5T % O PROJECT LOCpnoN uE~ ST - ~~r p~iON SEAL PRO CT u 9-U J~ r N W~ 5T ~t W,Wl AVE ~e AGENDA ITEM # LI b- FOR AGENDA OF August 28. 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Contract for the Construction of Fanno reek Trail - Segment 3 (from Tiedeman Avenue to Woodard Park) r~ PREPARED BY: Vannie Ngu e DEPT DEAD OK: A.P. Duenas CITY MGR OK:_ Bill Mo; an ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the construction of Fanno Creek Trail - Segment 3 (from Tiedeman Avenue to Woodard Park)? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve the contract award to Tri- Mountain Excavating in the amount of $68,460.00. INFORMATION SUMMARY The Fanno Creek Trail - Segment 3 project (from Tiedeman Avenue to Woodard Park) has been included, along with other 7 trail projects, in the Parks System Program of the City's Capital Improvement Program since FY 1998-99. Since July 1998, 4 trail segments have been constructed. This project is a companion to adjoining upstream 2,225-foot trail segments (Segment 1 and 2) that were completed and opened to the public. Segment 1 connects North Dakota Street with an existing pathway at Tigard Street. Segment 2 runs between Tigard Street and Tiedeman Avenue. Trail Segment 3 runs in 2 directions: an easterly direction that connects Tiedeman Avenue with Katherine Street and a southerly direction that begins from Katherine Street, meanders through Woodard Park, and ends at the existing bridge by Johnson Street. This project includes construction of approximately 1,925 feet of a 10-foot wide asphaltic concrete pathway and two 2.5-foot gravel shoulders. No easements are required for the project and no wetlands are impacted by this project. The new paved pathway that runs in a southerly direction through y the park replaces an existing narrow pathway. The pavement in the existing pathway is highly deteriorated and requires reconstruction. The pathway alignment is designed to meander through the park to minimize removal y of existing trees and relocation of existing facilities. i The bid opening was conducted on August 6, 2001 and the bid results are: Tri-Mountain Excavating Ridgefield, WA $68,460.00 KJS Gervais, OR $68,884.50 Andersen Pacific Ridgefield, WA $70,777.00 CR Woods Trucking Sherwood, OR $74,835.00 JP Contractors Portland, OR $76,590.00 Daneal Construction Wilsonville, OR $76,825.00 Eagle Elsner Tigard, OR $77,865.00 BCI Contracting Portland, OR $79,897.00 Sunquest Construction West Linn, OR $80,063.25 New Quest Construction Tigard, OR $80,800.00 Brant Construction Vancouver, WA $84,630.00 GVS Contracting Newberg, OR $95,958.50 Engineer's Estimate $79,500 OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Project location map FISCAL NOTES This project is funded in the amount of $50,000 through a grant by the Parks and Recreation Division of the State of Oregon. It is also funded in the amount of $38,000 from the Metro Greenspaces fund of the Parks System Program of the FY 2001-02 CIP. The total amount of $88,000 is sufficient to award the contract of $68,460.00 to Tri-Mountain Excavating. !:\ci"de\sum\genda summary for fanno trail - Segment 3.doc L~ MEADOW ST PATH B KATHERINE ST li~q~O coMMF~ N '`~4 sr c~q~ s r r U PATH A Q Y PATH C PATH D PATH C n ✓oy~S~N ~~P~ z JOHNSON ST ST r co 0 WAC,VUr Sr AGENDA ITEM # `1.0 C_. FOR AGENDA OF 08/28/01 _ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Purchase of four, (4) police vehicles PREPARED BY: Ronald D. Goodpaster DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL The purchase of four (4) police vehicles. STAFF RECOMMENDATION Staff recommends approval of the purchase of four (4) 2002 Ford Victorias. INFORMATION SUMMARY All four of these vehicles were included in the 2001/2002 budget and funds are available. OTHER ALTERNATIVES CONSIDERED Not purchase vehicles. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This purchase is consistent with our Public Safety category. FISCAL NOTES n The vehicles are $19,707 each. With the required police equipment, the total cost is $78,828, and funds were at budgeted for this purchase. iAcitywid6sumdot a ■ URCHASE REQUISITION CITY OF TIGARD 13125 SW Hall Blvd. Date: 8/8/01 Tigard, Oregon 97223 From: Capt. R. Wheeler (503) 639-4171 Fax (503) 639-1471 Dept: Police TO: Gresham Ford Attn: Earl Day Phone: 503-665-0101 Fax: 503-665-0497 Federal ID No.: (For services only) DELIVER TO: ❑ 13125 SW HALL BLVD F] 8720 SW BURNHAM STREET ❑ 12800 SW ASH STREET X 8777 SW BURNHAM STREET Vendor Item Dept/AcoDunt Unit Extended QtY No. Description No. Price Price 4 2002 Ford Sedan Full Size Crown Vic, V-8 style 100-1120-703000 19,707.00 78,828.00 P71 4 Dr Police Interceptor, Color: Exterior #UA Black, Interior #2 Light Graphite. Ford fleet. Purchase off of State of Oregon #7501 Contract. 4 Keyed Alike (keycode 1284)(), #432 40.00 160.00 4 Aux Fuse Panel six circuit, #417 41.00 164.00 4 Power Door Locks, #157 18.00 72.00 4 Windows Controlled by Driver and Front Pass. 18.00 72.00 #948 4 Roof Reinforcement, #185 61.00 244.00 4 Silicone Hoses for Wate System, #17D 267.00 1,068.00 4 Blisten Shocks (4) per vehicle, Special Option 438.00 1,752.00 4 Radio Suppression Pkg, #53M 62.00 248.00 4 6-Way PWR Driver Seat, #21A 321.00 1,284.00 Comments: H. Vendor Item Dept/Account Unit Extended Qty No. Description No. Price Price I Mum Rim 4 Anti-Lock Braking System, #552 534.00 2,136.00 4 Ignition Powered Door/ IP Decklid Release, 54.00 216.00 #61H 4 Courtesy Lamp Disable, #478 13.00 52.00 4 HD Rubber Floor Covering, #127 23.00 92.00 4 Limited Slip Differential, #45C 85.00 340.00 4 Drivers-side Spot Lamp Prep Pkg, #51 B 80.00 320.00 4 Driver-side 6" Spot Lamp - 160,000 CP bulb, 151.00 604.00 #51A Manual - Shop Maintenance/Repair Instruction 211.70 211.70 1 Manual - Emissions 168.86 168.86 Manual - Electrical Schematic 31.68 31.68 1 Manual - Technical Service Bulletins/Updates 92.40 92.40 No Charge Items: 4 - 4.6L SEFI V8 Engine, 4 - #44U 4-Speed Elec. - Controlled Auto Transmission w/OD, 4 sets #t23-P225/60VR16 All-Season SBR BSW Tires, 4 - #H Cloth Front Buckets/Cloth Rear Bench Seats, 4 sets #64C Hub Caps, 4 - #513 Removable Headliner/Dual Beam Map Lamps, 4 - #96C Front Door Body-Side Moldings, 4 - #153 Front License Plate Bracket Shipping & Handling $25.00 each Comments: 22,417.64 88,156.64 St&'N s 100.00 TOTAL.. 88,256.64 APPROPRIATION BALANCE: AS OF: PURCHASING AGENT: APPROVALS: (IF UNDER $50) DEPARTMENT DESIGNEE: (IF UNDER $2500) DEPARTMENT DESIGNEE: (IF UNDER $7500) DEPARTMENT HEAD/DESIGNEE: - (IF UNDER $25000) CITY MANAGER: (IF OVER $25000) LOCAL CONTRACT REVIEW BOARD: WLI_ Z-oc-ap na CAPITAL EXPENDITURES NOT BUDGETED: (IF UNDER $2500) DIRECTOR OF FINANCE: (IF OVER $2500) CITY MANAGER: 1Acitywide\puichreq.dot 1.~1~2a nt ? ale AGENDA ITEM # 4 A 3 FOR AGENDA OF 8/28/01 CITY OF TIG.AR.D, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution Supporting Participation in The IC'MA International Resource Cities Program PREPARED BY: William A. Monahan DEPT HEAD OK - _ CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council choose to support the City of Tigard participating in the International City/Council Management Association (ICMA) International Resource Cities Program? STAFF RECOMMENDATION Staff has investigated the elements of the ICMA program, has met with the director of the program, and has determined that the benefits available to the city make this a very worthwhile endeavor for the city, the benefitting community, and the participating staff members. Staff recommends that the City Council endorse the city's participation in the program by passing the attached resolution formalizing our participation in the ICMA/USAID International Resource Cities Program. INFORMATION SUMMARY The International Resource Cities Program is a very successful program administered by ICIVIA in cooperation with USAID. The program matches cities and counties from the United States with communities that ICMA and USAID have determined are in need of assistance in dealing with issues with the intent of building institutions for good governance. In October 2000, USAID awarded ICMA a contract to develop up to 12 partnerships between Indonesian cities and counties with American cities and counties. On February 27, 2001, the City of Samarinda, and the county of Kutai, Indonesia, signed agreements indicating interest in participating in the program. ICMA has identified the City of Tigard and Washington County as a suitable team to partner with Samarinda and the county of Kutai. Tigard and Washington County were identified for participation by Jon Bonnet, Director of the International Resource Cities Program. Jon was previously the City Manager in Sherwood, Oregon, before he joined ICMA over a year ago. The program was formed several years ago when the United States government determined that many of the answers to the world's problems lie with local government. They identified United States city/county managers and their staffs as the best experts in decision-making and problem solving to provide as resources to communities in need. The program creates an international task force between a United States and international city, focused on one or more issues, and gives them 18-24 months to develop concrete answers and direction. The benefits to a participating city like Tigard are many. Among them is the opportunity for our participants to develop their problem solving skills in a different environment, one with different factors and resources. Also, our staff members, who are truly experts in their fields, will be given the opportunity to share their knowledge with others who are in need of the resource. Of course, the participants will learn something from the international city staff that is applicable in Tigard. Overall, it is a learning experience as well as an opportunity for participants to stretch beyond their normal comfort zone to share their expertise with a community that is seeking assistance. The opportunity to work with our counterparts from Washington County, as we have in the past on numerous local issues, should prove to be very rewarding, working together to problem solve in a larger arena. Finally, being selected for the program is an acknowledgement of the quality of community we have and the excellent staff that we have. Samarinda is the capitol city of East Kalimantan Province. The county of Kutai is also located in East Kalimantan Province. The initial diagnostic report on the needs of Samarinda and Kutai County, prepared by the ICNL4, staff based in Indonesia, concluded that Samarinda could benefit from partnering with an organization with staff members who can assist in negotiating agreements with other government levels and institutions. Budget and finance are key elements as well as creation of development standards for government land. Kutai County requires assistance in land development policies, involvement strategies, and environmental cleanup. Assistance from the City of Tigard and Washington County would come in the form of staff visits by various small teams of professionals. Participation will be voluntary as it is recognized that the program entails considerable travel inconvenience and some almost negligible risk associated with travel to a third world emerging democracy. City and county employees will be paid their regular salary while on this assignment. The staff members selected to make the visits would possess the skills and expertise relevant to the identified issues. The visits would take place over a period of approximately eighteen to twenty-four months. Representatives of Samarinda and the county of Kutai, Indonesia, would also be visiting Washington County and the City of Tigard during that period, up to a total of nine visits. All travel expenses will be paid for by USAID. OTHER ALTERNATIVES CONSIDERED The city can choose to not participate in the program. VISION TASK FORCE GOAL AND ACTION COMMITTEE ST AR FGV N/A N ATTACHMENT LIST 1. Resolution Supporting Participation 2. ICMA Resource Cities 3. City of Samarinda and county of Kutai, Indonesia, International Resource Cities Diagnostics 18%EM Doom 01 1111M111111111 FISCAL NOTES Cost to the City of Tigard is the contribution of the staff resources needed to participate in the program over eighteen months or so. It is estimated that the total time contribution between city and county staff will be twenty- four trips lasting 10 to 14 days. If the City of Tigard contributes one half of the staff resources during the program and the trips last an average of seven work days, the city contribution is estimated to be 84 days of staff time. IAADM%CRV COUNCIL%COUNCIL AGENDA ITEM SUMMARIESUCMA-IRCP.DOC 1 I 1 A com I O'M A RESOURCE CITIES "Global Problems... Local So/rations" ICMA, in cooperation with the United States Agency for International Development (USAID) and other international agencies, is very pleased to invite your city, county, or association to participate in our international partnership project - International Resource Cities Program (IRCP). Through this program, the skills and successes of US local governments and local government associations are shared with local governments in developing and transitional countries around the world. Under this initiative, US cities, counties, or associations are partnered with counterparts in developing and transitional countries to provide technical assistance in improving professional municipal management, supporting participatory and inclusive governance; supporting' economic development, promoting sound financial management, and improving delivery of environmental services. Since its commencement in 1997, the IRCP has sponsored more than 25 partnerships between US cities and counties with cities and counties in developing and transitional countries across Eastern Europe, Southern Africa, Asia, and Latin America. Funds cover the costs of international travel, accommodations, and related expenses. The designated Resource Cities, both in the US and overseas, are expected to pay the salaries of their employees while they are participating in short-term overseas assignments. US city/county managers, association executives, and chief administrative officers (including mayors when applicable) are expected to provide the organizational leadership and overall management for the program, and serve as the principle liaison with ICMA. The manager/chief executive is also expected to select from his/her staff the appropriate individuals to participate in overseas exchanges. When a US Resource City is partnered with an overseas counterpart, the manager/chief executive will be expected to obtain from the Mayor and City/County Council or Board of Directors a resolution indicating their support for the city's participation in the Program. ICMA is extending an outreach to city/county managers and association executives who may have an interest in participating in the Program. This initial expression of interest does not constitute a formal commitment, but will enable ICMA staff to provide additional information to interested managers/executives and to assess the pool of potential cities, counties, and associations. 1111 M M Eli Program Goals • To provide technical expertise to enable local government managers in developing and transitional countries to address pressing urban management issues. • To establish new professional development opportunities for professional urban managers in the US and overseas. • To establish substantive professional relationships between US municipal governments and associations and their counterparts in developing and transitional countries. • To facilitate greater understanding of the mutual benefits that can be derived when community leaders in the US, and their overseas partners, achieve sus- tainable solutions that enhance the capacities of democratic local government. Program Description The IRCP provides direct, flexible and low-cost access to US cities, counties, and associations. The program builds practical, problem-solving relationships between US local governments and associations and their counterparts in developing and transitional countries to support international technical assistance, information sharing and technology exchange. Under this initiative, over 30 US cities have been partnered with cities and counties overseas to provide technical assistance in the following strategic areas: o improving professional municipal management ® supporting participatory and inclusive governance o supporting economic development promoting sound financial management o improving delivery of environmental services and enhancing accessibility to these services The IRCP is a joint partnership between USAID, ICMA, and ICMA members. Funding for the partnerships is provided by USAID. These funds cover the costs of international travel, accommodations, and related expenses. ICMA staff provide technical and logistical support to both the US and overseas partners. The designated Resource Cities, both in the US and overseas, are expected to cover the salaries of their employees while they are participating in short term overseas assignments, which are not expected to exceed two weeks per trip. ICMA is soliciting expressions of interest from US cities, counties, and associations interested in being considered for participation in the program. This expression of interest does not constitute a formal commitment, but will enable ICMA to assess the pool of potential candidates. LM III IlIlls- Obligations of US Resource Cities US cities, counties, and associations participating in the program will be expected to enter into an agreement with ICMA to provide specific short-term technical assistance to a designated counterpart overseas. This assistance will be provided primarily through staff, but may also be provided by other individuals not directly affiliated with the city, county, or association (e.g., universities, Chambers of Commerce, other non-profit organizations, etc.). The exact scope of assistance will be determined in consultation with the overseas counterpart and outlined in a Memorandum of Understanding (MOU). It is anticipated that the MOU will be drafted and signed by official representatives of bath local governments/associations and ICMA during or following the first exchange visit. The city, county, or association will continue to pay the salaries of the employees who are involved. Time overseas will generally be short term, usually not exceeding two weeks. For More Information: For additional information or questions you may have, please contact IRCP Director Jon Bormet at (202) 962-3508 or jbormete-icma.org. Intemational City/County I 777 North Capitol Street NE Q;) Suite 500 Washington, OC 20002-4201 Management Association Sill 1111 e' City of Sarnarinda International Resource Cities Diagnostic March 21 - 229 2001 I%mMA RESOURCE CITIES Submitted by: Deborah Kimble, Senior Municipal Governance Advisor Tristanti Mitayani, Partnership Manager USAID Cooperative Agreement N -ME NINE- CITY OF SAMAlII0tD A International Resource Cities Diagnostic Submitted by: Deborah Kimble, Senior Municipal Governance Advisor Tristanti Mitayani, Partnership Manager Summary Samarinda is the capital of East Kalimantan Province and has a population of approximately 500,000 people. Geographically divided by the Mahakam River, Samarinda may face difficulties in delivering services to its citizens. These difficulties arise from the reliance on the bridge, which connects the two sides of the city. More than 50% of the population of Samarinda earns their living from the service sector, while 30% work in industry and another 10% work as farmers. Like many cities in Indonesia, Samarinda must deal with the problems associated with transferring employees from the provincial and national levels, to lower levels of government. The annual budget for development in Samarinda comes from two sources. The first source is regional revenue, which accounts for about 10% of the total budget. The remaining 90% comes from shared finances provided by the national government. Development decisions are made by the Secretary of the City, who heads the senior management team, which builds the annual work plan for the city. Samarinda officials identified two primary issues that should be considered through the partnership: 1. Securing the revenues from the central government promised under Law No.25/1999 on Regional Autonomy and subsequent PP 104-108 (Government Regulation). Staff explained that in order to secure funds from the Ministry of Finance, they were required to travel to Jakarta to meet with finance officials. These meetings were scheduled at the Ministry's convenience and cost valuable time and money. Compounding the hardship of travel was the lack of trust in the reporting mechanisms for determining the funds to which cities were entitled. While city officials are guaranteed natural resource revenues, per the revenue sharing formula, they question the revenue that industries report. Such industry reports are the basis for the formula used to allocate national resource revenues and finance a large percentage of the overall budget in Samarinda. Collecting the actual funds, therefore, proves to be extremely problematic. 2. Defining the actual authority of central government versus the local government as it relates to management and development of forest and mining sectors. Staff raised concerns about decisions that were or could be made by the central government, regarding sale or use of natural forests, by outside investors. All officials felt that local approval was needed to ensure that the central government/investors were in compliance with local plans. Furthermore, they felt that new central government laws, being drafted for forestry and mining, should include comments by and participation of the LGU staff. City of Samarinda 1 THE RESOURCE CITIES PROJECT On February 27, 2001 Kota Samarinda (city of Samarinda) signed a Memorandum of Understanding indicating their interest in participating in the Building Institutions for Good Governance (BIGG) Program of ICMA-USAID in Indonesia. Specifically, they agreed to participate in the International Resource Cities Program (IRCP) component of BIGG. Given this commitment, a municipal diagnostic was required to determine: The conditions of the city, as well as conditions that will influence the effectiveness of the exchange. ■ A profile of the city that can be used to select the most appropriate US city partner of the program. ■ The appropriate type of technical assistance or resources that should be exchanged in the partnership. ■ A framework for the partner's technical exchange work plan. On March 21 and 22, 2001 Deborah Kimble, ICMA Municipal Governance Advisor and Tristanti Mitayani, ICMA Partnership Manager for the IRCP of BIGG, met with members of the executive and administrative staff of Samarinda. This report provides an overview of the meetings and findings of the diagnostic trip, as well as an analysis of the findings as they relate to meeting the current main objectives of Samarinda. These objectives include developing and implementing a financial policy that can be used as the performance measurement for all revenue sources and can flag delinquent revenue payments. The diagnostic report also offers a list of potential technical approaches that partners may want to pursue. The report is divided into four sections: ■ Section 1: Background on the process; ■ Section 2: Summary of the meetings conducted; ■ Section 3: Descriptions of the context that guided the analysis of the findings; and ■ Section 4: Recommendations on the scope of technical exchange for the partnership. 1. Background on the Diagnostic Process The diagnostic in Samarinda is part of a province-wide process of tying four local government units - Kabupaten Pasir, Kota Balikpapan, Kota Samarinda and Kabupaten Kutai - through the budget and financial training program. As a result, many issues that deal with financial practices in the city, were investigated earlier by ICMA Senior Budget and Finance Advisor Philip Rosenberg and ICMA Budget and Finance Specialist, Charles Poluan Jr. Meetings in Samarinda were limited to one and half days due to the schedules of the local officials. However, the cooperation of staff during the meetings proved to be sufficient enough to meet the objectives of the diagnostic. On Wednesday, March 21, 2001 Deborah Kimble and Tristanti Mitayani met with Walikota Samarinda (the Mayor of Samarinda) Drs. H. Ahmad Admins, Sekretaris Kota (Secretary to the city), Ketua BAPPEDA (Chairman of Regional Planning Agency) H. Mochdar Hasan, and Kepala Bagian Keuangan (Finance Director) H.M. Saili. The issues that were laid out during this meeting focused on the relationship between the central government and the city. Two issues in particular were raised as concerns: City of Samarinda 3 m Securing the revenues from the central government promised under Law No.25/1999 on Regional Autonomy and subsequent PP 104-108 (Government Regulation). Several issues were identified. Staff explained the importance of having to go to Jakarta and meet with Ministry of Finance officials (at the ministry official's convenience), in order to secure funds. This is something that takes time and money. Furthermore, city officials indicated that, while they were guaranteed natural resource revenues per the sharing of revenue formula, they did not feel they could trust the reported revenue from the industries; the base on which the formula was applied. A large percentage of the overall budget for Samarinda is financed by the shared revenues; problems in collecting the actual funds (for either of the reasons stated) will prove extremely problematic. ■ Defining the actual authority of central government versus the local government as it relates to management and development of forest and mining sectors. Staff raised concerns about decision that were or could be made by the central government regarding sale or use of natural forest by outside investors. All officials felt that local approval was needed in order to ensure that they were in compliance with local plans. Furthermore, they felt that new central government laws drafted for forestry and mining should include comments by and participation of the LGU staff. Finally, when asked what the biggest challenge was for the city to achieve a random list of development activities' for Samarinda, they stated that lack of funds (real/actual funds not only as promised) and human resources (both staff and citizen) were inhibitors. They characterized the human resource problem as "no action/talk only." Individual meetings, as summarized next, provided more insight into these two concerns. 2. Summary of the Meetings Three individual meetings were convened. Staff that was interviewed included: the Secretary to the city-H. Mardiansyah, Chairman of Planning Agency-H. Mochdar Hasan, and Director of Finance-H.M. Saili. Interview Findings Secretary to the city: H. Mardiansyah As Secretary to the City, Mardiansyah provided information related to the general conditions of Samarinda's human resources and identified challenges that needed to be addressed to develop better skills. He strongly believes in skill development, for both staff and citizens. The Secretary understands that, given the natural resource base of Samarinda and the subsequent international investor interest, there is opportunity for both gain by and abuse of the citizens. In particular, Mardiansyah felt that citizens and staff needed to have a better understanding of how international firms conducted business so that local entrepreneurs. might be able to secure contracts for projects. Examples of the types of training he felt people needed (staff and citizens) include: English language training, international business management, and contract List of activities included traffic, market, housing, cleaning of river, harbor, airport, bridges and general infrastructure City of Samarinda 4 negotiations. If entrepreneurs had training in these areas, he felt the city could act as an intermediary, bringing entrepreneurs and investors together. Finance Department: H.M. Saili The meeting with Sail and his staff was extremely detailed. Saili elaborated on the relationship between how things used to be done and the changes that needed to be implemented for the new autonomy to be successful. In particular, he emphasized the need for the local government to follow the "reinventing government model" and to ensure that the "real" needs of the citizens were addressed. He felt that currently, "the city had adopted the spirit [but not the intent] of open and transparent government." The Director of Finance indicated that in the past, performance was measured by the portion of the budget financed by local revenues only. The measurement that was used was simply the collection of revenues. He indicated that now performance budgeting had to link expenditures with outcomes, to show how specific revenues sources are linked to specific development expenditures. This new measurement improved the lives of citizens and helped to show the community how the local government was responding to their needs. Some of the challenges in accomplishing this were provided by his staff. They include: understanding and adopting double-entry accounting system standards, using the performance based budgeting as a decision-making tool and merging the routine and development budgets so that a comprehensive financial assessment could be made. Practical solutions offered by the Finance Department included: • Upgrading the computer systems • Training for staff on how to implement responsibilities under new autonomy • Producing good and appropriate financial reports. The final area of discussion focused on the overall organizational structure, as it related to implementing transparent financial management. Basically, the finance department described two organizational structures: one that facilitated administrative actions and one that facilitated financial decision-making actions. Assuming that the latter is confirmed by the Mayor, it provides a workable structure for the promotion of new financial management. 3. Analysis of the Findings For purposes of analysis, ICMA/USAID developed a four-point structure to determine the most useful technical information for each of the local government units in Indonesia, as they implement Laws 22 and 25. The four points are: 3.1 Organizational Capacity The personalities of the senior executive staff in Samarinda provide an important resource for the successful implementation of Laws 22 and 25. In particular, the Secretary to the Mayor is versed in western business and financial practices, at least as they relate to making investment decisions. As a result he has begun to develop the skills of the administrative staff to ensure that they are able to "hold their own" during negotiations with foreign firms. While not official, Samarinda is, in practice, organized similarly to a council manager structure of government. This was noted by the Finance Director who, along with his staff, brings considerable talent and knowledge to the organization, which will enhance the Kota's ability to implement Law 25. In practice, the secretary to the mayor is City of Samarinda 5 min functioning much as a city manager would in the budget process. The Director of Finance, the Planning Agency and the Secretary make up the budget committee, reviewing departmental requests and taking responsibility for integrating the routine and development budgets. This practice is one of the first noted, vis-a-vis the completion of the seven diagnostics, which brings the status of the finance director on par with that of the Planning Agency. As with all autonomous regions in Indonesia, reorganizing the local government is an ongoing and iterative process. Samarinda seems to be taking steps forward informally, but did not address why such steps had not been taken formally. However, given the number of expected new presidential and ministerial degrees yet to be passed, informal reorganization may be the most efficient way to move forward for the time being. 3.2 Transparent Budget and Financial Systems The richness of East Kalimantan's natural resource base makes securing the special revenue funds from the central government a priority. Like Kutai Kabupaten, Samarinda officials felt that it will be critical to: • Lobby Jakarta for timely and accurate transfer of funds; • Develop a mechanism that provides an accurate estimate of the income generated from the natural resources so that the transfers from the GOI are complete. Contrary to other local governments interviewed, Samarinda financial officers addressed the expenditure side of the budgetary and financial systems. Due to lack of experience and limited computer capacity, however, the progress made in reforming budget and finance practices is conceptual. Moving from concept to reality should be part of the partnership work plan. 3.3 Effective Citizen Participation Samarinda officials describe their programs as citizen oriented, with citizen based budgeting and an investment strategy that provides citizens opportunities to secure contracts. There is, however, no evidence that citizens have been involved in these processes or that a strategic development plan (one which addresses the needs of citizens in a logical and orderly fashion) is in place. The latter is illustrated by the list of capital projects that the Mayor mentioned (see footnote 1). 3.4 Efficient Delivery of Urban and Environmental Services Little discussion ensued regarding the delivery of actual services. The city officials are primarily focused on securing revenues. Samarinda's potential wealth, as defined by the projected revenues to be derived from natural resources, can become a disincentive for developing efficient management practice for the delivery of services. When cities have excessive or at least sufficient revenues, political will to instill financial discipline is often times not exercised. Building a transparent financial and budgetary system will provide a mechanism by which to determine how, or if, the Kota (both legislative branch and the executive branch) are making good financial decisions. 4. Recommendations for the Partnership Exchange Samarinda would benefit from developing the staffs ability to negotiate agreements with other levels of government and other institutions. Inherent in this skill set is the ability to analyze information and make realistic projections. This internal skill set should be gained from the budget and finance training that will be given to the staff. In terms of City of Samarinda 6 how this can be applied to the partnership, it is recommended that one or more of the following types of agreements should be pursued: ■ A plan for rental or other compensation for public use of city land by province and central govemment (don't quite understand this sentence... does she mean a tax program in lieu of something else, or simply a tax program-the sentence isn't grammatically correct.) Intergovernmental agreements on development standards of central government owned land. ■ Partnership with local institutions for small business economic development training and/or certificate. It is recommended that the partner cities (both US and Indonesian), should work collaboratively to develop an effective lobbying program. This recommendation is based on the need to define the actual authority of the local government (as it relates to the management of natural resources), as well as the need to be able to secure actual revenues, from the central government, that are common among several of the local governments in East Kalimantan. This can and should be done in cooperation with the associations. In the early stages of development, East Kalimantan might become one of the associations' pilot advocacy activities, which can be replicated in other provinces as the associations capacity to advocate on behalf of their members improves. City of Samarfnda 7 County of Kutai International Resource Cities Diagnostic March 29, 2001 RESOURCE CITIES Submitted by: Deborah Kimble, Senior Municipal Governance Advisor Tristanti Mitayani, Partnership Manager USAID Cooperative Agreement 9 COUNTY OF KUTAI International Resource Cities Diagnostic Submitted by: Deborah Kimble, Senior Municipal Governance Advisor Tristanti Mitayani, Partnership Manager Summary Kutai County is a large administrative area (27,283 km2) located in the Province of East Kalimantan with a relatively low population density (slightly over 400,000 people). The center of the county (equivalent to US County Seat) is Kecamatan (Sub-District) Tenggarong, less than an hour trip from the capital city of the province, the City of Samarinda. Kutai, famous as the oldest Kingdom in Indonesia, has natural resources such as coal, oil, gas, agriculture and forestry, gold and other mining products. Kutai is also famous for its river, the Mahakam, which has both tourism and transportation uses, but is prone to floods during the rainy season. Kutai currently accounts for about 30% of the total revenue for the Province. Despite this, people in Kutai County still live in poverty, and in unsafe, damaged environments. Although Kutai has several big or foreign companies, their quality of life is still inappropriate. Most of the people still earn their living from farming (38%), handicrafts (18%), and trading (10%). As Regional Autonomy is implemented, one of the principles interests for Kutai County is how to attract investment to be able to finance sustainable development. County of Kutai 4 THE RESOURCE CITIES PROJECT On February 27, 2001 Kabupaten Kutai (the County of Kutai) signed a Memorandum of Understanding indicating their interest in participating in the Building Institutions for Good Governance (BIGG) program, implemented by ICMA. Specifically, they agreed to participate in the International Resource Cities component of BIGG. Given this commitment, a municipal diagnostic was required to: ■ Define the conditions of the County of Kutai; conditions that will influence the effectiveness of the exchange. • Provide a profile of the county that can be used to select the most appropriate US partner. • Identify the appropriate type of technical assistance or resources that should be exchanged in the partnership. ■ Establish a framework for the technical exchange work plan of the partnership. On March 28 and 29, 2001 Deborah Kimble, Senior Municipal Governance Advisor and Tristanti Mitayani, Partnership Manager from ICMA, - BIGG met with members of the executive and administrative staff of the County. This report provides an overview of the meetings and findings of the diagnostic trip as well as an analysis of the findings as they relate to meeting the objectives of the county-flood control and development. Further, the diagnostic report offers a list of potential technical approaches that the partners may want to pursue. The report is divided in to four sections: 1) Background on the process; 2) Summary of the meetings conducted; 3) Description of the context that guided the analysis of the findings; and d) Recommendations on scope of technical exchange for the partnership. 1. Background on the Diagnostic Process The diagnostic in the County of Kutai is part of a province-wide process of tying four local government units-the County of Pasir, the County of Kutai, the City of Samarinda and the City of Balikpapan-through the budget and financial training program of the ICMA-BIGG program. As a result, a fair amount of the issues dealing with financial practices in the county were investigated earlier by Senior Budget and Finance Advisor Philip Rosenberg and Budget and Finance Specialist Charles Poluan. The general review meeting held on Thursday morning, March 29, 2001 focused on the overarching issues that might be addressed through the Resource Cities partnership. The common problems of autonomy - resource sharing, human resource capacity, i merging the routine and development budgets, and financing of infrastructure, to name just a few-were submitted as the critical areas of concern for Kutal. Participants in the March 29 meeting indicated that Kutai faced the specific challenges of improving the economic condition of the county. In particular, staff identified the following as areas in which action was necessary: Environmental clean up of the river, • Land development and land control, and Balanced investment strategies. Each of these issues is discussed in more detail below. County of Kutai 5 r 2. Analysis Of Diagnostic Findings Kutai County has around 426,000 people in an administrative area of about 27,263 km2. It is located at the north of the City of Samarinda and is linked with its famous river Mahakam from the upstream to the downstream at the sea. Environmental Clean Up: Recently Kutai was divided into three separate counties. While this made geographic sense-creating more manageable sized areas-it has created new problems. One of the more serious problems is the down-stream pollution, which has resulted in the dying off of the fish and contamination of the river, both potential resources for economic development. Kutai Staff feel that two systemic issues need to be addressed if the pollution problem is to be properly addressed-development of a regional pollution control program and increasing the local council's understanding of their role in a regional problem. In both instances, the onset of autonomy changes the role local government plays in the design and implementation of both. Land Development And Land Control: Land development and control is linked to the environmental issues, but further implications of a weak development and control policy relate to the use of land for industrial development. Staff indicated they wanted to determine how to use development policy as a way to create more economic opportunity for the people of the community and not just the large corporations. Further, members of the BAPPEDA (regional development planning board) staff indicated that consideration now had to be given to conflicts that could arise between local land regulations and those decrees and regulations adopted by the ministries and president. The conflict stems from the lack of clear understanding of the delineation of responsibility and authority between local dinas (service departments) and line ministers in such areas as natural resource management, mining, forestry, etc. Balanced Investment Strategy., Development of an investment strategy is contingent on improving the county's ability to estimate financial resources and expenditures. As with other LGU's in East Kalimantan, this is highly influenced by the special revenue transfers from the central government. Several factors that must be considered in resolving the financial questions include: C Gathering data about the natural gas resources so that an accurate estimate of tax revenues can be calculated. The local government has to rely on the government data; data that they feel is not used in calculations that benefit the county. Increasing the predictability of revenue transfers and collection. Beyond the issue of having access to better data, several staff members indicated that collecting the taxes from both the central government and local business firms (those fees and taxes that are locally levied) is a problem. Increasing the amount of money collected locally from local taxes. Several people indicated that the county needed to negotiate better tax schemes with the larger businesses and that the amount of local tax revenue should be increased, offsetting the eventual decline in future central government revenue transfers. 3. Interview Findings For purposes of analysis, ICMA/USAID developed a four-point structure by which to determine the most useful technical information for each of the local government units in County of Kutai 6 Indonesia as they implement Laws 22 and 25. The four points are (including Kutai's steps to improve in each area): 1. Organizational capacity • Developingrntroducing new analytical skills that correspond to new autonomy responsibilities • Building citizen involvement programs that contribute to the community consensus. 2. Transparent budget and financial systems and practices • Estimating tax revenues from all sources • Improving revenue collection • Conducting a revenue analysis for purposes of developing an investment strategy to attract business. 3. Efficient deliver of services • Adopting a regional pollution control plan • Creating an investment strategy that benefits low income/low skilled citizens. 4. Effective citizen participation No such citizen participation programs indicated from the interviews, as Kutai is interested in trying to find the better way to increase the regional revenue by itself so they could run the development without being heavily dependent on national government. 4. Recommended Approaches For IRCP For Kutai County Recommended approaches for an IRCP for Kutai County could go through several issues that are expected by the government staff, such as: ■ Environmental clean-up of the river ■ Land development and land control policies • Balanced investment strategies to increase the regional revenue. County of Kutai AGENDA ITEM # FOR AGENDA OF A YI?ust 28.2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Recognition of Nancy Irwin and Lga Beck for service on the Library Board PREPARED BY: Susan Koeppingj DEPT HEAD OK ITY MGR OK ISSUE BEFORE THE COUNCIL Recognition of Nancy Irwin's and Larry Beck's contribution to the Library Board STAFF RECOMMENDATION On behalf of the Tigard community, Mayor Griffith' and City Council will express appreciation to Nancy Irwin and Larry Beck for the time, energy and expertise they contributed while serving on the Library Board. Mayor Griffith will present certificates of appreciation to Ms. Irwin and Mr. Beck. INFORMATION SUMMARY Nancy Irwin was appointed to the Library Board in May, 1993 and served through June of 2001. Larry Beck was originally appointed to the Library Board in September, 1995 and served through June of 2001. The Library experienced significant growth in usage during their years of service. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. FISCAL NOTES None t:%ADMISUSANKITASKFORC\TASKFORMUM8b1LBECK IRWIN RECOG..DOC AGENDA ITEM # FOR AGENDA OF August 28, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Recommendation for a site for the proposed new library from the New TiR Library Construction Committee. PREPARED BY: Mariaret Barnes DEPT HEAD O CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the City Council approve the recommended site for the proposed new library? STAFF RECOMMENDATION The staff recommendation is for the City Council to approve the recommended site for the proposed new library. In addition, the staff recommendation is for the City Council to authorize staff to work with the property owner to pursue an option for the property. INFORMATION SUMMARY The New Tigard Library Construction Committee has been meeting since August of 2000. This past year the Committee has regularly presented information to the City Council regarding the progress of the Committee. The criteria developed by the Committee and BML Architects to evaluate potential sites for the proposed new library has been reviewed with Council during past presentations. The site being recommended for the proposed new library of 47,000 sq. ft. is a 14.7-acre property located along Hall Boulevard near O'Mara Street. The land is relatively flat with services located nearby, making this an easy-to develop site. This site will accommodate a two-story structure, future expansion and the necessary parking required for such a facility. There is access to public transportation, a bus line serves the site and a transit center is located within a half-mile radius. The site is also accessible from Hall Boulevard, which is a major arterial street. This site will enable the library to remain in close proximity to the City Hall complex. This proximity would allow for citizens to continue to access a variety of city services in a convenient manner. Finally, this property is located along the Fanno Creek Trail system and has the potential to enhance the existing network of trails available for public use. Since the property includes a high quality natural area located along the back part of the site, the location is park-like and has potential for views within the facility. There is also the potential for other cultural/outdoor activities to be developed on this site. At this time, the Committee is prepared to make a site recommendation to Council for the proposed new library. OTHER ALTERNATIVES CONSIDERED Not approve this recommendation and begin a new site selection process. EMENE 1111111151 1111MIMII~Mmsj VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal #3: Adequate facilities are available for efficient delivery of life-long learning programs and services for all ages. Strategy #1: Form a construction committee to explore the feasibility of new library space. ATTACHMENT LIST Set of PowerPoint Slides. GIS Photo. FISCAL NOTES The preliminary estimated cost for the proposed new library project is between $14,000,000 and $17,000,000. .w • • RAPMIG 1Nf ORNAt ION Malmo ByStEN • ' 6EDe S4p. d. . • • o taken Jul 2000 ; • Pu . • ~4 ,~q' pigital flClhO ct owl (~y. ,ice; • it i I . • . • ' . F . ' ♦ ar• 1 MS. R.h r~i~ ;yam Rl ~ e~ to • _ s f F ?y ~yy eta t ~BE1 Rw .7 3W jSy K 1~ a ~ ~b~s, dt►Y ~ .R" ~ ~ ~ 1e~rymSldbeveM~edw 1i~ W~ Se+.lms ~ TgT28.OR 97223 ~a ;b ~ 01 ae :,fin 4 r •vs wV86~ment August 28, 2001 8/16/2001 L, P 7'lgRrll Librllly struction Committee gust 28, 2001 i Pi I _ e T. Houghton Bequest 1999 Facility Recommended January 2000 k with BML Architects 3-part study truction Committee Forms and meets larly beginning in August of 2000 a truction Committee & BML Architects lop site criteria Fall ented Need Analysis report and ing Program report April 2001 a mmends 47,000 sq. ft. two-story ture Spring of 2001 minary evaluation of 14 potential sites g 2001 a New Tigard Library Construction Committee 1 August 28, 2001 8/16/2001 ented 3 potential sites to Council 12001 ted Council about potential sites 2001 itectural model design begins st 2001 ecommendation presented to Council st 2001 ria for Site Review commodates building-one or two story commodates needed parking equate street access equate circulation pography consideration ews from library/nature i' ri7ed ed e pn needed turon potential tend other uses uso dev elop site cesic transportation etlanin[,New Tigard Library Construction Committee 2 August 28, 2001 8/16/2001 s. TA1LJ 11tS:CL~sT: f'r cr"s:x modates 1 story building plus expansion tial for additional parking c transportation access tin] for views and outdoor space y to have reasonable acquisition cost when you w/demolition costs of other sites mity to the rest of the City complex s to Fanno Creek trail network tiai for other cultural/outdoor activities Steps cision on site forming the community timated cost for project S14,000,000 - 517,000,000 nding for project tions New Tigard Library Construction Committee 3 AGENDA ITEM # I FOR AGENDA OF August 28, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Transportation Financing Strategies Task Force Initial Progress Report .e/ .J PREPARED BY: A.P. uenas DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Initial report to City Council by the Transportation Financing Strategies Task Force on the Task Force progress to date. STAFF RECOMMENDATION The Task Force requests Council direction to determine the feasibility of implementing a Street Utility Fee for the City of Tigard. INFORMATION SUMMARY City Council, through Resolution No. 01-06, formed a Transportation Financing Strategies Task Force to re- evaluate the bond package submitted to the voters during the November 2000 election, determine what went wrong with the bond issue, and make recommendations to City Council for future funding strategies. The Task Force has met three times since April 2001. At its first meeting, the Task Force selected Beverly Froude and Paul Owen as Chair and Vice Chair respectively. The Task Force is currently in the process of evaluating a wide variety of funding sources for both corrective and preventive maintenance of City streets, and expansion of major collectors to accommodate current and future traffic. As operating costs rise each year, the amount available from the State Gas Tax for corrective and preventative maintenance continues to drastically decrease. The Task Force is seriously considering implementation of a Transportation User Fee (also known as a Street Utility Fee) to help protect the City's investment in the street infrastructure. This is a monthly fee that everyone pays to finance corrective and preventative maintenance on the City streets. Each household and business in the City would be charged a proportionate share and the amount would be included in the monthly utility bill. There are established methods for determining the appropriate monthly charges. The City of Portland recently included such a fee in their Fiscal Year 2001-02 budget. The cities of Tualatin, Wilsonville, Eugene, and others have initiated that type of fee for their street maintenance work. The City of Tualatin implemented their fee about a decade ago and has had a great deal of experience in the administration of that fee. On June 21, 2001, the Task Force listened to a presentation by Dan Boss, Operations Director of Tualatin, on the process that they used to initiate and administer that City's Street Maintenance Fee. As an initial step, the Task Force recommends that the City pursue the initiation of a Street Utility Fee. The Task Force therefore requests Council direction to study the establishment and implementation of such a fee and prepare a detailed report to be brought back to Council for consideration. The report would include: justification for implementation of the fee, legal authority for implementation, the basis for the charges to be established, the proposed charge to each household and business, the annual amount that would become available from the fee, the work that would be performed from the revenues collected, timing for implementation, and most important, the public process to obtain input from the public prior to adoption of the fee. It should be noted that the League of Oregon Cities (LOC) has warned the various cities about attempts by the state legislature to cap or preempt street utility fees. The City of Tigard has gone on record to strongly oppose any such legislative attempts to preempt Oregon cities from initiating such fees. Mayor Griffith has sent letters to both Senator Deckert and Representative Williams strongly opposing any legislative action to preempt these fees. The latest LOC bulletin stated that the legislative efforts did not garner sufficient support during the last legislative session, but that future attempts may be expected. The Task Force will continue meeting to evaluate other sources of funding. A high priority is determining sources that could be used to provide additional capacity within the existing collector network. The next Task Force report will be scheduled for February or March 2002. The detailed report on the Street Utility Fee will be scheduled for presentation to Council after it has been completed and reviewed by the Task Force. OTHER ALTERNATIVES CONSIDERED Do not pursue initiation of a Street Utility Fee. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The formation of this task force meets the "Tigard Beyond Tomorrow" goal of "Identify and develop funding resources" strategies "Establish a task force to examine current and possible new sources of funding" and "Implement task force recommendations." Any funding sources developed would fund projects that meet the "Tigard Beyond Tomorrow" goals of "Improve Traffic Safety" and "Improve Traffic Flow." ATTACHMENT LIST Resolution No. 01-06 FISCAL NOTES No costs have been determined to date. The study to establish the Street Utility Fee may need an outside consultant to assist staff in various aspects of the report including determination of the appropriate charges and justification for those charges. IACitywide\Surn itial Transportation Financing Strategies Task Force Report.doc CITY OF TIGARD, OREGON RESOLUTION NO. 01- Olo A RESOLUTION TO ESTABLISH A TRANSPORTATION FINANCING STRATEGIES TASK FORCE TO EVALUATE THE ELECTION RESULTS ON THE UNSUCCESSFUL TRANSPORTATION BOND MEASURE, DETERMINE WHAT WENT WRONG WITH THE BOND ISSUE, EXPLORE FEASIBLE FUNDING STRATEGIES, PRESENT FINDINGS AND PROVIDE RECOMMENDATIONS TO CITY COUNCIL ON THOSE FUNDING STRATEGIES THAT SHOULD BE FURTHER PURSUED, THEN ASSIST IN THE DEVELOPMENT AND IMPLEMENTATION OF THOSE STRATEGIES. WHEREAS, one of the 1999 City Council goals was to complete the City's transportation program development; and WHEREAS, one element of that goal was to identify and provide a list of transportation projects and develop a package of projects for a year 2000 bond measure; and WHEREAS, a Transportation Bond Task Force was created by City Council Resolution No. 99-19 to identify transportation, safety, sidewalk, and pedestrian/bike path projects for inclusion in a bond measure to be submitted for voter approval in the year 2000; and WHEREAS, the Tigard City Council appointed a group of individuals representing a broad range of interests, backgrounds, and areas of concerns to this Task Force to participate in the development of the transportation bond measure; and WHEREAS, in April 1999, this Council-appointed Transportation Bond Task Force began a yearlong process to identify transportation, safety, sidewalk, and pedestrian/bikepath projects that would meet the City's goals of improving traffic safety, improving traffic flow, and enhancing pedestrian and bike transportation; and WHEREAS, the Task Force, after careful consideration of public input, prepared and submitted a list of projects and other recommendations to the Planning Commission on April 17, 2000 and to the City Council on May'9, 2000; and WHEREAS, the Proposed Transportation Bond Issue in the amount of $16 million was placed on the November 2000 election ballot as Measure 34-20; and WHEREAS, the Transportation Bond Issue failed at the ballot by a 64% to 36% margin with that margin relatively consistent throughout all the precincts in the Ci:y; and i WHEREAS, the transportation infrastructure improvement needs remain and must be addressed to accommodate the existing and future travel demands of the automobile and alternate modes of i transportation; and WHEREAS, City Council wishes to create a task force to evaluate the election results and determine reasons the bond measure failed, and RI'SO)I. H [ON NO. 01 I'agc I WHEREAS, City Council further wishes the task force to explore feasible strategies for funding these urgently needed transportation system improvements and to recommend strategies for funding and public process that takes into account the post-election evaluation findings; and WHEREAS, the Transportation Bond Task Force was assigned a specific mission to place a package of projects on the election ballot in the year 2000, successfully accomplished it, and was subsequently deactivated; and WHEREAS, because the new task force will be exploring financing strategies, which could include but are not limited to a fixture bond issue, the task force to be established should be named appropriately to reflect the assigned mission; and WHEREAS, the mission for the new task force conforms to the Tigard Beyond Tomorrow Transportation and Traffic goal and strategy of examining current and possible new sources of funding via formation of a task force. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Transportation Financing Strategies Task Force is hereby established. Its membership- shall consist of those individuals listed on the attached Exhibit "A" SECTION 2: The mission of the Task Force is to: (1) Evaluate the election results on Measure 34-20 and determine through whatever means deemed reasonable by the Task Force the reasons the measure failed; and (2) Review the package of projects in Measure 34-20 and determine if the project listings and bond issue amount should be revised as part of the overall evaluation; and (3) Explore feasible funding strategies and develop recommendations for City Council discussion and direction; and (4) Determine actions required -to enhance the passage of any future funding measures, including the public process essential for enhancing public awareness and support of the projects; and (5) Report to City Council the Task Force findings and recommendations on the project package, public process and funding strategies that should be further pursued; and (G) Based on Council direction, spearhead efforts to further develop and implement strategies with the goal of funding a transportation improvement package over the next two years. i i SECTION 3: The Task Force shall provide progress reports to City Council at least once a quarter and shall present the initial report on the findin s and recommendations no later than the end of August 2001. j SEC'T'ION 4: The City Engineer shall be assigned as staff liaison to the Task Force. Other City staff shall be used to support the Task Force activities as deemed necessary throughout the entire process. RESOLUTION No 01 -CU) Page 2 SECTION 5: At the first meeting the Task Force shall select a chair to preside over the meetings. The Task Force shall operate under Roberts Rules of Order. All meetings shall be noticed and conducted in accordance with the State of Oregon public meetings law. A quorum consisting of at least 5 members shall be required for the Task Force to meet. Minutes shall be recorded at every official meeting of the Task Force. SECTION 6: The need for continuation of the Task Force shall be evaluated one year after formation. The Task Force mission shall be deemed accomplished after City Council is satisfied that the mission of the Task Force has been accomplished. Task Force deactivation shall be by resolution at that time. PASSED: This 13 - day of U 2001. ayor - City f Tig ATTEST: City Recorder - City of Tigard i c*ywweAezW-st bkVwrarA of a TransporlaWn Fi~warq SUalegies Task Force N RF.SOI.l ITION NO. 01 Page 3 Exhibit ccA" Trmsp®rtati®n Financing Strategics Task Force Task Force Members John Olsen Beverly Froude 11760 S W Gaarde St. 12200 SW Bull Mountain Rd Tigard, OR 97223 Tigard, OR 97224 Paul Owen Steve Clark 10335 SW Highland Dr c/o Time Publications Tigard, OR 97224 6975 SW Sandburg St Tigard, OR 97223 Joe Schweitz Brian Moore 14352 SW 90th Ave Council Liaison Tigard, OR 97224. 9835 SW Kimberly Dr Tigard, OR 97224 Cam Gilmour Craig Dirksen 12695 SW Morning Hill Drive Council Liaison 9131 SW Hill St Tigard, OR 97223 Tigard, OR 97223 Darrell Glenn Mores 12897 SW Falcon Rise Drive Tigard, OR 97223 i i i i i f Mai Transportation Financing Strategies Task Force Transportation Financing Strategies Task Force Formed by City Council to - Evaluate reasons for failure of November 2000 bond measure - Determine funding strategies for Initial Report to City Council Corrective and preventative maintenance of City August 28, 2001 Streets • Reconstruction and widening of collector streets to meet current and future traffic demands 2 Transportation Financing Strategies Task Force The City's Funding Needs • Status • Street Maintenance I las nut lour times since April 2001 - Preventative Maintenance Initial report to City Council at this meeting Corrective Maintenance Is seriously considering implementation of a • Widening and reconstruction of major Street Utility Fee for maintenance collectors Is continuing to look at other funding sources to meet existing and future traffic demands fix street improvements - to meet current geometric alignment standards Street Maintenance Street Maintenance Pavement Petformance Curve Pavement Peiforniance Curve EXC"NT GCl7D 14%pcph On>tl' 31 DO brYnratton ltn N FAIL ~ MCS tl%4ephad/ s WE Coe 311J0 .r w.k mKn VERY twat laaw to MA0lfas J R FAMM T] Yrteat., 1 1 ] 1 6 6 1 if n 10 b~elpir vtwea s n 1 Street Maintenance Street Maintenance Pavement Performance, Cu .e Pavement Performance CuK Ve Law Te'~~ MNn•~d9r e Street Maintenance Needs Street Maintenance Needs Fundiag Sh;., all • State gas tax is primary source of f Aln n~.wu...«c . rurc.u for street maintenance street R«onmuction $590 ,000 • Gas tax has not increased in a decade Pavennt Overt $470000 • Funding for overlays and slurry seals has Slurry sews $1,010,000 steadily decreased over the years - in FY ,.tdc.ets $:070000 2001-02 that amount is $207,000 • Gas tax has ceased to be a viable source of funds e ~o Unfunded Projects Task Force Review of Major Street Improvements Potential Funding Souirces Local Gas Tax Urban RenewaI T- ` • 121st Avenue (Walnut to North Dakota)' • Walnut Street (Tiedeman Avenue to 121 st) Block Grants Increment Funds Traffic Impact Fee Street Utility Fee 1 121st Avenue (Gaarde Street to Walnut) i Local Improvement Local Option Funds --]II Burnham Street (Main Street to Hall) Districts (LIDS) Oregon Transportation • Fortner Street (Walnut to 11Sth Avenue) Transportation Bond Infrastructure Bank 3 • Tigard Street (South Side-Main to Tiedeman) General Fund Transfers Systems Development • Wall Street Extension (Hunziker to Hall) General Obligation Charges Bonds TEA-21 funding 12 2 Eli Street Maintenance Fee Street Maintenance Fee Use By Other Cities • Allocates costs to users of the system • Other cities adopting the fee include • Fees are equitable based on established and Tualatin, Medford, Wilsonville, Portland, accepted trip generation rates Ashland, etc. • Resources are dedicated to specific • Residential rates vary from $1.42 to $5.12 transportation services (i.e. maintenance) per month • Collected through existing utility bills • Implemented through Council action • Can be implemented through Council action Street Maintenance Needs Street Maintenance Needs m 12 1 sl Avenue Meadow Street bid Ash Street Kable Street ,e s Unfunded Project Unfunded Project 121st Avenuc (Walnut to North Dakota) 121st Avenue (Gaarde to Walnut) i all, 3 a 7 ,e n 3 Unfunded Project Unfunded Project Burnham Street (Main Street to Mall ; lvd) Fonner Street (Walnut to 11 Sth.Avenue) Center tum lane only ,P whae needed to o Unfunded Project Unfunded Project Tigard Street (Main to Tiedeman,`S. Side) Wall Street Extens'o s' 31 Unfunded Project i Wall Streel Extension Task Force Recommendation • IX1p9`" Request Council direction to pursue initiation of a Street Maintenance Fee: - Study establishment and implementation of a Street Maintenance Fee - Prepare a detailed report to be brought back to tires Y\_~~~~ r Council 3] to 4 Street Maintenance FeezS d Future Task Force .4c#' • Should include: • Will continue to explore other sours' - Legal authority for implementation funding - Basis for the charges • Priority will be on funding sources for - Proposed monthly charge to each household major collector improvements and business • Next report will be in early 2002 - Annual revenues - Work to be performed Detailed report on the Street Maintenance Fee will be scheduled after Task Force - Public process prior to adoption of the fee review is completed n 7• Transportation Financing Strategies Task Force Initial Report to City Council August 28, 2001 27 ' s AGENDA ITEM No. 8 Date: August 28, 2001 PUBLIC HEARING (QUASI-] U DICIAL) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER AN ORDINANCE VACATING APPROXIMATELY 11,702 SQUARE FEET OF PUBLIC RIGHT OF WAY ON SW BEVELAND STREET, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2001-00002) Due to Time Constraints City Council May Impose A Time Limit on Testimony MADMRGREER\CCSIGNUROH TESTIMONY OJ.DOC AGENDA ITEM No. 8 PLEASE PRINT Pro onent - (Speaking In Favor O onent - S eakin Against Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. s2rj0~ 570' e l r ri G C f' od ?w ~ h i9c! C 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. Name, Address & Phone No. I i Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. I I IRWIN AGENDA ITEM # FOR AGENDA OF 8.28.01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Beveland Street 72"d Avenue Public Right-of-Way Vacation AC2001-00002 . PREPARED BY: Mathew Scheideg,-er DEPT HEAD OK ITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council vacate an approximately 11,702 square foot portion of public right-of-way commonly known as SW Beveland Street? STAFF RECOMMENDATION It is recommended that Council approve the Vacation as requested by adopting the attached Ordinance. (Attachment 1) INFORMATION SUMMARY The City Council initiated this Vacation on July 10, 2001 (Attachment 2, Resolution No. 0142) to consider the above vacation request. The next step in the process is for the City Council to hold a public hearing. For the vacation of streets, easements and other public dedicated areas, the City Council begins the process by passing a Resolution to schedule a formal public hearing to consider such requests. Stoel Rives, LLP, on behalf of Lowe's Hardware (2S101AB-02706 and 2S101AB-02707), Louie A Stober (2S101AB-01604), and Whitethom, LLC (2S101AB-01900), is requesting that the City Council vacate a portion of SW Beveland Street at SW 72nd Avenue. The portion of SW Beveland Street right-of-way that has been requested to be vacated lies to the north of the newly configured SW Beveland Street and to the west of SW 72nd Avenue. The portion of SW Beveland Street right-of-way to be vacated is due to the new alignment of SW Beveland to align directly with SW Beveland Street east of SW 72nd Avenue. If the requested vacation is approved, the vacated land will revert to the abutting property owners to the north located at 2S101AB-01604 and 2S101A13-01900. The new alignment was constructed across tax lots 2S101AB-02705, 2S101AB-02706 and 2S101AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated right-of-way was dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation, n a small portion of parcels 02706 and 02707 remains to the north of the relocated SW Beveland Street and south of the old right-of-way. The left over portion of land is to be quit-claimed to tax lot 2S101AB-01900 to the north after the old right-of-way for SW Beveland Street has effectively been abandoned. Appropriate agencies have been contacted for comments and no objections were received. These include utility companies and emergency service providers. OTHER ALTERNATIVES CONSIDERED Take no action at this time. VISION TASK FORCE GOAL. AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachments: Attachment 1- (Ordinance) Attachment 2 - (Resolution No. 01-42 Initiating The Vacation) Exhibits: Exhibit "A" - (Legal Description) Exhibit "B" - (Site Plan) Exhibit "C" - (Vicinity Map) FISCAL NOTES There are no direct fiscal impacts as a result of this request as all fees have been paid by the applicant. Attachment 2 CITY OF TIGARD, OREGON RESOLUTION NO.01- z4Z A RESOLUTION INITIATING VACATION PROCEEDINGS TO VACATE A. APPR07aMATE 11,702 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY ON SW BEVELAND STREET AT THE INTERSECTION OF SW 72ND AVENUEWVMU WHEREAS, the approximate 11,702 square foot portion of the right-of-way had previously been dedicated to the public; and WHEREAS, SW Bcveland Street has been realigned to ensure better traffic flow at the SW Beveland/SW 72nd Avenue intersection; and WHEREAS, the applicant has requested that the City of Tigard initiate Vacation proceedings to vacate an approximate 11,702 square foot portion of public right-of-way; and WHEREAS, the said portion of public right-of-way may no longer be necessary; and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way vacation. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby initiates a request for the vacation of an approximate 11,702 square foot portion of public right-of-way as more particularly described in Exhibit "A' and Exhibit "B" and by rcfcrence, m adc a part hcrcof. SECTION 2: A public hearing is hereby called to be held by the City Council on August 28, 2001, at 7:30 PM in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard, within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacating of said public right-of-way. PASSED: This q, day of 2001. C/ 0 ZULU 1i For -City &Q, ATTEST: City Recorder - City of Tigard RESOLUTION NO. 014-P, Page 1 cm~,a.xn,e~ a~ Du bmi. FranLF-I l . L~ g . AFTER RECORDING, RETURN TO: Mr. and Mrs. Louie A. Stober DRAFT 7305 SW Beveland Road Tigard, OR 97223 QUITCLAIM OF EASEMENT Lowe's HIW, Inc., a Washington corporation ("Grantor"), releases and quit claims to Louie A. Stober and Jessie L. Stober, husband and wife ("Grantee"), a nonexclusive, perpetual easement and right- of-way over and across that certain real property described on attached Exhibit A ("Grantor's Property") for single family residential use only providing pedestrian and vehicular access and egress for such purposes from that certain property described on attached Exhibit B ("Grantee's Property"), and for no other purpose, which access easement is described on attached Exhibit C and shown on the map on attached Exhibit D. The rights of this access easement benefitting the Grantee, their successors or assigns automatically shall terminate and be of no further force or effect in the event said easement is used for purposes other than stated herein. DATED this day of , 2001. LOWE'S HIW, INC., [Corporate Seal] a Washington corporation By: _ Title: Pordndi-2073838.2 0021097.00006 Mimi, STATE OF CALIFORNIA DRAFT ss. County of ) I a Notary Public for the State of California certify that personally came before me this day of , 2001 and acknowledged that in the capacity of for Lowe's HIW, Inc., a Washington corporation, being authorized to do so, executed the foregoing Quitclaim of Easement on behalf of the corporation. [SEAL] Notary Public for California My commission expires: 0 H i Pordndl-2073838.2 0021097.0M 2 Exhibit A Legal Description DRAFT of Real Property Owned by Lowe's MW, Inc. A portion of vacated SW Beveland Road situated in the NE 1/4 of Section 1, T.2S., R1W., W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: Commencing at the Southwest corner of Lot 15 of "Hermoso Park," a subdivision filed in Washington County Plat Records; Thence perpendicular with the North right-of-way of said SW Beveland Road, S 8°05'38" W, 30.00 feet to the TRUE POINT OF BEGINNING; Thence S 81 °54'22" E, 100.72 feet to a point 46 feet westerly, when measured at right angles, from the centerline of SW 72nd Avenue; Thence parallel with said centerline, S 2°33'30" W, 22.37 feet; Thence along the arc of a curve concave Westerly, having a radius of 20.00 feet, through a central angle of 22°24'32" (chord bears S 13°45'46" Val, 7.77 feet) a distance of 7.82 feet; to the North line of Lot 31 of said "Hermoso Park"; Thence along the North lines of Lots 30 and 31 of said "Hermoso Park," N 81°54'22" W, 150.17 feet; Thence along the arc of a non-tangent curve concave Northeasterly, radius point bears N 29°27'42" E, 245.00 feet, through a central angle of 9°16'59" (chord bears N 55°53'48" W, 39.65 feet) a distance of 39.69 feet; Thence along the arc of a reverse curve concave Southwesterly, having a radius of 305.00 feet, through a central angle of 5°01'31" (chord bears N 53°46'04" W, 26.74 feet) a distance of 26.75 feet to the centerline of said SW Beveland Road; Thence along said centerline, S 81 °54'22" E, 107.28 feet to the point of beginning. Courses in the above description are derived from a Record of Survey prepared in March 2001 by Minister-Glaeser Surveying Inc. Portlndl•2073838.2 W21097-OM Page 1 of 1 Exhibit B DRAFT Legal Description of Real Property Owned by Louie A. Stober and Jessie L. Stober Parcel 1 Lot 16, HERMOSA PARK, in the City of Tigard, County of Washington, and State of Oregon. Parcel 2 A portion of vacated SW Beveland Road as platted in HERMOSA PARK, a subdivision filed in Washington County Plat Records, situated in the NE 1/4 of Section 1, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, being more particularly described as follows: Commencing at the SW corner of Lot 15 of HERMOSA PARK; thence perpendicular with the north right-of-way line of vacated SW Beveland Road, South 8°05'38" West 30 feet to the centerline of vacated SW Beveland Road; thence North 81 °54'22" West 107.28 feet along said centerline; thence North 8°05'38" East 28.71 feet to the SW corner of Lot 16 of HERMOSA PARK; thence easterly along the South boundary line of Lot 16 to the SW corner of Lot 15 which is the terminus of this legal description. I I Pontndl•2073838.2 0021097.00006 Page t of 2 Exhibit C DKAFT. Ingress & Egress Easemant to Stober . Legal Description A portion of vacated SW Beveland Road situated In the NE 1/4 of Section 1, T:2S., RIM, W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: Commencing at the Southwest comer of Lot 15 of "Hermoso Par)e,' a subdivision filed in Washington County Piat'Records; Thence perpendicular with the North right of way of said vacated SW Beveland Road, S 8°05'38^ W, 30.00 feet to the TRUE POINT OF BEGINNING; Thence'continuing S 8°05'38°W, 3.00 feet; Thence parallel with the centerline of said vacated SW Beveland Road, N 81°54'22" W, 55.24 feet; Thence S 65°52'33" W, 25.47 feet; Thence along the arc of a non-tangent curve concave Northeasterly, radius, point bears N 36°52'26" E, 245.00 feet, through a central angle of 1°52'15" (chord bears N 52°1't'26' W, 8.00 feet) a distance of 8.00 feet; Thence along the arc of a reverse curve concave Southwesterly, having a radius of 305.00 feet, through a central angle of 5°01'31' (chord bears N 53°46'04" W, 26.74 feet) a distance of 26.75 feet to the centerline of said vacated SW Beveland Road; Thence along said centerline, S 81'54'22° E, 107.28 feet to the point.of beginning. Courses in the above description are derived from a Record of Survey prepared in March 2001 by Minister Glaeser Surveying Inc. FdEGl E' REM PROF'ES91•01 DIAL LAND SURVEY®R OREGON KEMNEM 0. GRIFFIN 214 Sc.c►~mi*_Q Exhibit D F/lc~M le- L 0 T 1 6 2S101A801604 L O T 1 5 STOBER LOUIE A f JESSIE L ZS701AS07900 W 17MORN LLC 1 40' HERMOSO PARK 1 SW COR LOT 15 / OHERMOSO PARK" /N6A+~ ESS 3 46' S 81 4. , C3 10228•, 1' h ~ r 25,¢]• i ~ 700,72' a a S es52 J3' W 200' N 8154'22' N ly N 150.f~• 7,870 SF Cl 5yp of f 2.168° T-0 N B63" 2'1 25101A802706 EAGLE HARDWARE GARDEN INC. w 2SIDIABO2707 N LOT 30 EAME & HARDWARE Cc CARDENAG. 2 L o t 3 1 1140. RADIUS DELTA LENGTH .CHORD BEARING CHORD Cl 20, 00' 22' 24' 32' Z 82' S13' 4S' 46 W 7.77-1 IR01V ROD IN C2 245 00' 9'16'591 39. 69' N55* 53' 48' w 39, 65' MON. BOX C3 305, 00' 5101,31' 26, 75' N53' 46'04'v M741 445+00 C4 20, O0' 68.29' 4P' 2291, SS9' 12' S3' W 2E 51' C6 245, 00' 25'59'58' 111, 18' N73'32' 17'w 114 ge, C6 27~ 00' 35 16' 57' 169 34' N68' 53'47- W 1156,69' C7 245 OD' 1'52' 15' a DO' N:2.11'P6'W 00' f 11111 111mmull all AGENDA ITEM # FOR AGENDA OF 8.28.01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Consideration of a Resolution adopting the Final Order approving the Blue Heron Park Subdivision SUB2001-00001 PDR2001-00001 ZON2001-00002 SLR2001-00003 VAR2001-00002 . PREPARED BY Dick Bewersdorff DEPT HEAD OK ITY MGR OK ISSUE BEFORE THE OUNCIL Should the City Council adopt the attached Resolution, Final Order and Findings approving the Blue Heron Park Subdivision? STAFF RECOMMENDATION Adopt the attached Resolution, Findings and Final Order. INFORMATION SUMMARY On June 11, 2001 the Tigard Planning Commission held a public hearing to consider an application for an 18-lot subdivision and planned development on 4.15 acres of land. The property is located at 12450 SW Walnut Street, opposite the intersection of 124' Avenue and Walnut Street. The development proposal is for attached, single family homes on individual lots. The Planning Commission denied the application, based on the finding that the development would adversely affect the welfare of the City. The applicants filed an appeal on June 22, 2001 of the Planning Commission's decision, based on the assertion that the Planning Commission failed to: explain the criteria and standards considered relevant to the decision, state the facts relied upon in rendering the decision, and explain the justification for the decision based on the criteria, standards, and facts set forth. Staff reviewed the applicable decision criteria and found there is no criterion regarding the effect of development on the welfare of the City. The City Council opened the public hearing on the project on July 24, 2001. The City Council continued the hearing to August 14, 2001 to allow the applicant to meet all notice and posting requirements. On August 14, 2001, the City Council resumed the public hearing, heard testimony and voted to approve the project, subject to revised findings and four additional conditions. The four conditions address fencing adjacent dwelling units, the planting of two inch caliper trees in setbacks, establishment of an escrow account to cover damage to retained trees over 12 inches in caliper, and study of the need for a painted crosswalk at the intersection of 124t'' Ave. and the private street. The attached Resolution includes the findings and i additional conditions, as well as, adopts the staff report and conditions and the public record on the project. OTHER ALTERNATIVES CONSIDERED 1. Revise the findings or conditions. 3 a VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST 1. Resolution/FinalOrder. 2. Staff Report/Planning Commission Final Order No. 2001-02 PC 3. Draft minutes of the August 14`h City Council meeting. FISCAL NOTES N/A 1:\curpln\kevin\subdivision\131ue Heron AIS 8-28-Ol.doc 1 1 i i Attachment 1 `fY)i5 ~S G(C( S CITY OF TIGARD, OREGON RESOLUTION NO.01- L A RESOLUTION ADOPTING THE FINAL ORDER APPROVING A SUBDIVISION, PLANNED DEVELOPMENT, ZONE CHANGE, SENSITIVE LANDS REVIEW, AND VARIANCE (BLUE HERON PARK SUBDIVISION - SUB2001-00001/PDR2001-00001/ZON2001-00002/SLR2001- 00003NAR2001-00002). WHEREAS, the Planning Commission reviewed this case at its meeting of June 11, 2001; and WHEREAS, the Planning Commission denied the application (Planning Commission Final Order No. 2001-02 PC); and WHEREAS, the applicants submitted an appeal of the Planning Commission's denial of the application on June 22, 2001, and WHEREAS, a new public hearing with new testimony was provided on July 24, 2001 and continued to August 14, 2001; and WHEREAS, the City Council determined that the Planning Commission final order failed to explain the criteria and standards considered relevant to the decision, state the facts relied upon in rendering a decision, and explain the justification for the decision based on the criteria, standards, and facts set forth, as required in Section 18.390.050.E of the Tigard Development Code, and WHEREAS, the City Council reviewed the staff report and found that the proposed development would be in compliance with all applicable decision criteria, as conditioned in the staff report plus four additional conditions addressing privacy, tree retention, and traffic safety; WHEREAS, the City Council found that the applicant proposed and was given a density bonus for preservation of canopy coverage and trees. The trees and canopy to be retained were a major attribute of the natural and physical environment of the site (code section 18.350.100.B.3.a) and that the trees were proposed to be preserved by the applicant and it is, therefore, necessary to ensure that the trees retained on the project and on adjacent properties are not damaged by project or home construction, and; WHEREAS, the City Council found that given the site's location, density with respect to clustered units, and nearness to other adjacent homes, that privacy for existing and future residents to help retain compatibility between uses needs to be assured to decrease noise, provide visual barriers, privacy and reduce the opportunity for trespass (code section 18.350.100.13.3.b.), and; WHEREAS, the City Council found that existing and future traffic on Walnut Street, as well as the street configuration with Walnut Street, 124' Avenue, and the project's private street, and the lack of full improvements on Walnut Street all create potential safety hazards for pedestrians (code section 18.810.030.A.5.b and E. Lb and d); RESOLUTION NO. 01- BLUE HERON PARK SUBDIVISION Page 1 of 2 I:\CURPLN\Kcvin\Subdivision\Bluc Hcron 8-28-01 res..dot Attachment 1 NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby approves SUB2001-000OI/PDR2001-00001/ZON2001- 00002/SLR2001-00003NAR2001-00002 - BLUE HERON PARK SUBDIVISION, based on the information provided in the public record and subject to the conditions of approval in the Planning Commission's Final Order No. 2001-02 PC, and the addition of four additional conditions as follows: 1. The site shall be fenced with "good neighbor fencing" as proposed by the applicant on the north, west and south sides of the development adjacent to all existing dwelling units. 2. All trees to be planted in the setback areas must be a minimum of two caliper inches. 3. Prior to any construction activity on site, the applicant shall establish an escrow account in the favor of the City of Tigard in an amount established by the City's Urban Forester to cover the value of all 12 inch or greater trees to be retained on site, as well as, trees of 12 inches or greater immediately adjacent to the project site. Said account will be made available to the City of Tigard for any damage caused to the aforementioned trees during the construction of streets, sidewalk and utility improvements on site, as well as, all dwelling units. No portions of the account will be returned to the developer until all construction has been completed and the City Urban Forester has conducted a final inspection and deducted value of any damage. 4. Prior to construction, the applicant's traffic engineer shall submit for City Engineer review and approval, a study that will address whether or not a painted crosswalk will be warranted across SW Walnut Street at the intersection of SW 124th Avenue and the new private street. The study shall reference the Manual on Uniform Traffic Control Devices (MUTCD). If a painted crosswalk is warranted, the applicant shall provide the crosswalk and signage as a part of the construction of their development. SECTION 2: The Final Order approved by the City Council is hereby made a part of the permanent record. PASSED: This day of 2001. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 01- BLUE HERON PARK SUBDIVISION Page 2 of 2 1:\CURPLN\Kevin\Subdivision\Blue Heron 8-28-01 res-dot MEM0Re N D U M TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder 04~1~ RE: Agenda Item No. 9 - Blue Heron Final Order DATE: August 20, 2001 f am preparing a draft set of minutes for the portion of the August 14, 2001, City Council meeting for the Blue Heron Appeal Public Hearing. These draft minutes will be forwarded to the City Council in the August 24, 2001, newsletter. I: ADM\CATHY\000NCIL\MEMO - BLUE HERON HEARING.DOC Item No. For Council Newsletter dated ® UI Draft Council Meeting Minutes Agenda Item No. 5 (August 14, 2001): 5. CONTINUATION OF QUASI-JUDICIAL PUBLIC HEARING - CONSIDER THE APPEAL OF THE BLUE HERON PARK SUBDIVISION (SUB 2001-00001, PDR 2001-00001, ZON 2001-0002, SLR 2001-00003, VAR 2001-00002) ITEM ON APPEAL: On June 11, 2001, the Planning Commission denied a request for approval of an 18-lot subdivision on 4.15 acres. The lots are to be developed with attached single-family homes. Lot sizes within the development average just over 3,800 square feet. Development is to be clustered on the west side of the development site, allowing for the preservation and enhancement of the pond, wetland, and stream area on the eastern portion of the property. A sensitive lands review is required for the development due to the presence of steep slopes, a wetland, and a natural drainageway on the site. On June 22, 2001 an appeal was filed regarding the Planning Commission's denial of the project. LOCATION: 12450 SW Walnut Street; WCTM 2S 103BC, Tax Lot 3900. The project site is located on the south side of SW Walnut Street, opposite of SW 124' Avenue and west of SW 1211 Avenue. ZONE: R-4.5: Low-Density Residential District. The R- 4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapter 18.390. a. Mayor Grififth continued the public hearing from July 24, 2001. b. Declarations or Challenges - The Mayor read the following. Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? Have all members familiarized themselves with the application? Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? Councilor Dirksen advised that he works with Planning Commissioner Glenn Mores and they had discussed this item would be reviewed by the City Council on appeal. Councilor Dirksen advised that his discussion with Commissioner Mores will not prejudice his decision on this item. Councilor Scheckia noted that he has visited the site and walked along the property. C. Staff Report: Community Development Planning Manager Dick Bewersdorff reviewed the staff report, which is file with the City Recorder. During the staff Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 200 1 ) - Page 1 report questions were asked by Councilor Scheckla with regard to who determines the tree removal. Mr. Bewersdorff advised that each developer Is asked to prepare a plan. Councilor Scheckla cautioned that where there Is removal of trees, that the plan be conservative. Mr. Bewersdorff said that staff reviews and approves tree removal plans. d. Public Testimony: Applicant's Presentation • Introduced were Al Jeck, Urban Development Corporation, 9600 SW Oak Street, Suite 230, Portland, Oregon, 97223, serving as representative for the applicant the Blue Heron Park proposal. Also introduced were development team members: Matt Sprague, Project Engineer from Alpha Engineering, 9600 SW Oak Street, Suite 230, Portland, Oregon 972223 and Wetlands Biologist Martin Shott, Shott 8F Associates, 11977 S. Toliver Road, Molalla, Oregon 97038. Mr. Jeck advised that this proposed project by the applicant meets or exceeds Code requirements. He said he did not think this project would adversely affect the neighbors and he understands the concerns of the neighbors. He added that the applicant wants to be responsive to the neighbors' concerns. Mr. Matt Sprague gave the presentation with regard to the scope of the project. He described the design of the 18 units and identified wetland areas. Each unit will be 1700-2000 square and 30-feet wide. He reviewed the plan to preserve trees. The area is to be landscaped and he noted the hammerhead street design. He also noted the location of the pedestrian pathway. Mr. Sprague advised that there are additional buffers on the site boundaries than what is required for a planned development. Mr. Sprague reviewed the project issues on a PowerPoint slide presentation. A copy of this presentation is on fiie with the City Recorder. Mr. Sprague said the staff report was good. The PowerPoint presentation outlined the vicinity plan, the existing conditions plan, and the site plan. Project Issues were listed, including the following: Strong staff recommendation Very few Issues of concern In staff report 3 of 7 Commissioners voted In favor of the development Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) Page 2 --IMMN NEIMI =J No specific criteria were identified for denial Project provides many important benefits to the City Specific neighborhood concerns Mr. Sprague's review of benefits were listed as follows: - Enhancement of degraded wetlands and buffer area. - Innovative water quality and detention facility. - Preservation of large trees and tree canopy. - Design minimizes impact on sensitive natural areas. - Attractive streetscape and entry design. - Enhanced architectural features and construction materials. - Provides utility easement for the City. The tree preservation plans were reviewed. It was noted that this was not just a wetland enhancement, but also addressed the riparian corridor and upland species. Mr. Sprague emphasized that 61 % of the trees are saved on the developable land. He described the density bonus allowed by Code was 1 % of every 2% of canopy preserved, up to a maximum of 20%. Mr. Sprague also noted that all developable land is not being developed on this property (see land type comparisons slides on the PowerPoint presentation). In response to a question from Councilor Dirksen, Mr. Sprague advised that the trees planted for screening purposes are small, one- to two-year old trees. Councilor noted the screening issue (privacy) expressed by the neighbors and commented that some buildings will not be screened. Streetscape was reviewed by Mr. Sprague who noted that there was a driveway around a tree island. These trees appear to be in good condition. Mr. Sprague reviewed the architectural features for the building structures. This includes covered front porches with decorative posts and arbors, front gables that break up the building mass, distinctive materials and building treatments. The materials reflect harmony with the natural surroundings. Mr. Sprague noted that a utility easement would be designated to accommodate sewer services to nearby properties. Development Review Engineer Rager confirmed to Councilor Dirksen that there is a need for the easement for future sewer connections. Mr. Sprague reviewed the neighborhood concerns with regard to: Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 3 Traffic - with the Improvements to Walnut Street, there is an additional traffic light at 121 1 Avenue and Gaarde Street, which will provide for more breaks in traffic for vehicles to enter and exit off the site. Councilor Scheckla asked the possibility of requiring a right-turn only from the site. Mr. Rager said he would not recommend a right-turn only noting that the predominant movement will be to the east and the volumes would not warrant such a restriction. It was noted that there would be a sign to the east of the site, warning of the new access at 1241. Noise - Mr. Sprague noted that the gate was removed from the plans. Another noise mitigation factor was that there would be a good-neighbor fence built along some of the property; this will also provide additional privacy. Parking - There will be a sldewall on one side of the street. Each home will have two-car garage, with two parking spaces in front, which meets Code requirements. Tree Removal - The applicant will retain as many trees as possible. There will be an arborist on site, so the impact to trees will be minimized. Pond Maintenance - Maintenance has been addressed by designing a pond that will require low or now maintenance. Density Issues - Detailed information was outlined in the PowerPoint presentation (see Pages 10 and 1 l of the presentation on file with the City Recorder). Consistency with surrounding development - Mr. Sprague said the proposed development is consistent with surrounding housing types and showed several slides of the variety of existing housing in the area. The price range of the homes in the new development will be $180,000 - 220,000. Privacy - Mr. Sprague noted that the Code provisions have been made and additional steps have been taken. He said they were preserving as many trees along the boundary as possible. He referred to the increased side-yard setbacks for additional buffer in some locations. Councilor Patton questioned whether the applicant had considered fencing other lots than what was proposed. Mr. Sprague said they had discussed fencing, but were unclear as to what issues the neighbors still needed to have addressed. Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 4 In response to a question from Mayor Griffith, Mr. Sprague advised that the construction timeline for this project Is not known at this time. He noted that it Is very close to being too late to construct this year. Mayor Griffith said that, if the proposal is approved and construction took place later in the year, then erosion control would be a consideration. Councilor Dirksen asked for Mr. Sprague to show where the Kessler property was located. Mr. Sprague indicated the location on a map on display. In response to a question from Councilor Moore, Mr. Bewersdorff advised that this is a Type lI decision. The property could provide for development of 15 to 16 single family units. Mr. Sprague commented that it would not be possible to place the maximum number of single family units on this property because Code requirements could not be met. Mr. Rager advised that Tualatin Valley Fire 8t Rescue Department has accepted the proposed plan. Council Meeting recessed at 8:56 p.m. Council Meeting reconvened at 9:06 p.m. Opponents • Jim Vandehey, 12430 SW Walnut Street, Tigard, OR 97223. Mr. Vandehey submitted his written comments to the City Council. He reviewed the history of this property. A copy of Mr. Vandehey's written testimony is on file with the City Recorder. His issues concern whether or not this property falls under the requirements for a flag lot. Also of concern to Mr. Vandehey are livability issues and the harmful effect to the value of adjacent properties. Mr. Vandehey expressed concerns with the additional traffic that would be created with this development, which would also be detrimental to the livability, property values, and future salability of the properties. He also reviewed several issues with regard to the fact that there had been an illegal fill on the property. He objected to small lot sizes and the density transfer allowed by using wetlands (because the wetland area is not buildable). He noted that there were more than 50 considerations that needed to be satisfied on this conditional use application. Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 5 Mayor Griffith asked a question with regard to fill. Mr. Rager responded that a soils report was done. As the property is developed the report will be updated If needed along with a geotech report. o Margie Kessler, 12425 SW Alberta Street, Tigard, Oregon 97223. Ms. Kessler submitted written comments outlining her testimony, which is on file with the City Recorder. Ms. Kessler also referred to a model constructed to illustrate the scale of the proposed structures and their vicinity to her home. She noted that because her home Is situated lower on the topography that, essentially, the new construction would represent three-story structures adjacent to her property. Ms. Kessler also referred to an aerial-view map. She cited that some trees were not listed in the tree inventory. Ms. Kessler advised that she does not believe the proposed design is compatible with the surrounding property. She questioned the good- neighbor fence and who would be responsible for maintaining it. She noted the need for continuous fencing around this property. Ms. Kessler suggested that the proposal be restricted to 12 units so more trees could be saved. Ms. Kessler noted she was concerned about damage to her trees when others were removed. Ms. Kessler presented summary in her report, which included the following: She believed the proposed application violates the Comprehensive Plan by diminishing the quality of life of existing neighbors and their privacy. The proposal violates the residential zoning code (18.5 10.0 10) by not protecting the livability of existing neighborhoods. - The application violates the Tigard Vision Statement by not protecting the existing character and livability of an established area and not preserving and protecting aesthetic qualities valued by those who live and work In Tigard. Copies of the photographs shown by Ms. Kessler during her presentation are on file with the City Recorder. ® Sherry Murphy, 12470 SW Walnut, Tigard, Oregon, 97223. Ms. Murphy noted her concerns about fir trees on the property that may be damaged. Ms. Murphy testified that her home is the single-story home adjacent to the entrance to the proposed Blue Heron development. Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 6 i She noted It was a concern for her when quality and reason take a back seat to maximum profit. She said profit was not a bad thing for a property owner to seek for use of his property unless it causes irreversible negative concern to existing residents, fowl, wildlife habitat, forestation, nature, drainage ways. She cited concern for the three Douglas fir trees that are two feet from the property line because of the construction traffic that will occur near these trees. She said that Alpha Engineering believes that additional compacting around these trees will help save the trees. However, she said because Douglas fir trees are surface rooted, and compacting would be detrimental. She was concerned that the trees may no show damage immediately and questioned could be done if the damage became evident two years later. She noted that questions on saving trees have been ignored along with questions about addressing the sidewalk design for her side of the private street. She also noted concern that the noise issue due to trips in and out of the development had not been addressed. Ms. Murphy noted that the trees in the median areas are not surrounded by asphalt at this time. These trees are underplanted with ferns and hostas. Ms. Murphy said she purchased her home 12 years ago at this location because of the treed setting. She objected to the loss of her privacy with the two-story structures proposed for this development. She noted a definite need for privacy fencing. Ms. Murphy advised that the developer's density bonus should be denied because the request Is based on restricted wetlands and unbuildable areas. Also reforestation Issues should be addressed to safeguard neighbors' property. She said the plan should be modified so that it would fit into the Tigard Vision Statement, which the developer says is not applicable. The developer should be requested to do an updated street sight-clearance and volume speed on Walnut Street beginning with the advent of school In September. The developer should be requested to focus not only on profit but also on community character of the existing neighborhoods and the quality of life for those residents. She said the developer could meet Metro's standards with 12 units instead of 18. The City is not getting anything of value for additional density while Tigard residents adjacent to the development will end up "paying the price." Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 7 i The City sewer is currently on Walnut Street and being utilized by neighbors. The pond and drainage Is not a public use area and will never be a park setting or useful for any recreation. Carla Isaacson, 12520 SW Walnut Street, Tigard, Oregon 97223. Ms. Isaacson also testified with regard to concerns about removal of trees. She was concerned about noise generation that would adversely impact the neighborhood. • Donna Cameron, 12490 SW Walnut Street, Tigard, Oregon 97223. Ms. Cameron asked the City Council uphold the Tigard Planning Commission's decision to deny the application. She noted that she has a letter on file with the City Council outlining her concerns with the density. Ms. Cameron that she would have three structures next to her property and referred to a site map. She expressed concern about protecting the trees on her property. In response to a question from Councilor Scheckla, Mr. Bewersdorff noted that the City was meeting density requirements. • Julie Rau, 12430 SW Walnut Street, Tigard, Oregon, 97223. Ms. Rau submitted her written testimony to the City Council. She referred to the Codes that had been cited in addition to the questionable density and zoning issues. She also noted unanimous opposition from the neighbors. She advised that it did not appear that the applicant was concerned about the impacts to the homeowners. She referred to the gates planned for the development, which she now understands will be removed; however, she said she did not understand why the applicant would have thought the gate would add value to the project. She noted the close proximity of her home to the entrance/exit to the development and the amount of traffic that would pass by, which would affect the value of her home. She cited concern that the purpose of the project was solely for making as much profit as possible. She advised that the project would not enhance Tigard. Ms. Rau referred to her objection to the Alpha Engineering proposal with regard to crime prevention and the suggestion/assumption that neighbors would be able to view the property and act as the Neighborhood Watch. She noted the issues at stake, including loss of privacy, tree removal, and the integrity of the remaining trees, wildlife, wetlands, traffic, safety, and noise pollution. She asked that the City Council realize the negative Impact Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 8 to the established homeowners with nothing in return from the applicant for the losses. Ms. Rau asked the City Council to deny the application. • Mark Guz, 4753 NE 621 Street, Portland, Oregon. Mr. Guz testified that he was a friend and associate of people in the neighborhood. He noted with the development would come pollution from cars and fertilizers and the impact this would have water quality. Fie also noted concern about loss of privacy for the neighbors. • Lee Hartfield, 12500 SW 124' Avenue, Tigard, Oregon 97223. Mr. Hartfield noted he was concerned for the safety of visitors and children. He noted that issues with traffic on Walnut (speeding). He also noted that there was no provision for overflow parking. Mayor Griffith polled the Council (per Council groundrules) noting the hour of the evening and whether the City Council wished to continue with the meeting. Consensus of Council was to proceed. ® Milt Fyre, 12121 SW Landsdowne, Tigard, Oregon 97223. Mr. Fyre noted his background; he had served on the NPOs for two years and on the Planning Commission for ten years. He noted that he had lived 34 years in the neighborhood and recommended denial of the application. Mr. Fyre said the purpose of the Comprehensive Plan was to maintain the quality of life. He noted the use of wetlands in calculating the density transfer and issues with the property that included steep slopes, a pond, and soil conditions. He said there was already a significant wetland environment present and the proposed enhancement in return for density transfer should not be considered. He said the proposal represented twice as many homes that would translate to twice as many vehicle trips In the area. He contended that the development is not consistent with the surrounding area. Mr. Fyre urged the City Council to take a hard look at the trade offered for a sewer easement, which should actually be a a condition of approval. i Mr. Fyre said the property should be developed, but not as a Planned Development. He said single-family housing would be more consistent than a Planned Development. In response to a question to a question from Councilor Scheckla, Mr. Fyre advised that density bonus provisions were initially set up to preserve open space. He noted that the proposal for density transfer was based on property that could not be built on regardless. Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 9 l In response to a question from Councilor Patton where she asked Mr. Fyre if he disagreed with Planned Developments, Mr. Fyre responded that If the City would gain open space, then a density transfer was positive. He said the City does not gain anything in this instance but increased density. In response to a question from Councilor Scheckla, Mr. Fyre said he had mixed feelings about the issues of trees. He noted that when trees are taken down then the existing trees are subject to windthrow. Rebuttal Following are the highlights of Mr. Matt Sprague's rebuttal to the above testimony: • Mr. Sprague took issue with concerns about whether this was a flag lot. He noted that it had been determined that this property was appropriate for a planned development. • He noted that the tree preservation being proposed for the number units being proposed is "Incredible." • He noted that the developer would work to ensure minimal Impact. • He advised that the City arborlst has not mentioned any negatives with regard to the proposal. He noted that the Plan had been revised to reflect the concerns of the City arborist. He advised that the developer will work diligently with the arborist. • He referred to the canopy and tree preservation calculations that were questioned. Exact calculations will not be known until a survey has been completed. He noted the that tree canopy calculations are only for trees greater than 12 inches on the applicant's site. • He noted the applicant was trying to be responsive to the neighbors from the concerns that were heard at the Planning Commission. • He said the applicant was willing to provide additional buffering. • He referred to concerns by Ms. Kessler about trees at the south boundary line. He noted two trees are considered to be diseased. • He referred to the south boundary and fencing and said this area was used by wildlife and that it would make more sense to fence the backyard. • He said that fewer units would not mean that fewer trees would need to be removed. • He noted private outdoor space was provided behind all of the units. • He expects that parents would take their children to the nearby park. Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 10 • He noted that their studies did not indicate that this proposal would impact the value of adjacent properties. The proposal was for "nice, attached single-family clustered" homes. • He noted that Ms. Kessler was concerned that headlights would reflect Into her kitchen window. He said this would not occur. • He referred to comments about heavy equipment accessing the property and potential damage to the trees; the arborist had not issued concerns about this point. • He shared with the Council a picture of Ms. Kessler's home as viewed from the applicant's site. • He noted that the applicant is not only preserving sensitive lands but a quarter of the property that is being preserved is considered developable land. • The applicant is providing open space areas as required by the City. • He noted that the proposed development would be consistent with the homes that now exist in the area. • He reviewed screening proposed for two adjacent properties. He referred to concerns to the north for additional screening, fencing and understory plantings. • He noted that Mr. Fyre stated he had lived in the neighborhood for 34 years, but Mr. Fyre also constructed a development in the area. Alpha Engineering assisted Mr. Eyre with his development. • He reviewed the benefits that were offered from the site design. In response to a question from Mayor Griffith, Mr. Sprague advised that the homeowner's association would maintain the proposed pond, which would require infrequent maintenance. Mr. Sprague noted that a good-neighbor fence would be proposed and described how this six-foot high wooden fence would be constructed. In response to a question from Mayor Griffith, Mr. Sprague agreed with Ms. Kessler that in an area that she cited, the majority of trees would have to be removed. Mr. Sprague noted that there will be a biofiltration area where trees will be planted. In response to a question from Councilor Patton, Mr. Sprague noted that a reduction of 18 units to 16 would not make much difference to the impact to the property. Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 11 i In response to a question from Councilor Scheckla with regard to allowing more parking, Mr. Bewersdorff advised that the applicant has met the parking requirements. Mr. Bewersdorff reviewed the concerns about whether or not the applicant's property is a flag lot. He noted that the Planned Development requirements preclude lot-size requirements. e. Staff Recommendation: Staff recommended approval of the proposed application with conditions. f. Mayor Griffith closed the Public Hearing. h. Council Consideration: Councilor Scheckla suggested that deliberation be delayed as he would like time to review the issues. Councilor Patton advised that she had reviewed a large amount of information received previously and she would be comfortable with making a decision at this time. The Council proceeded with consideration. Councilor Scheckla noted that in walking the property, he now has different ideas about the proposal. Councilor Dirksen advised that he had looked at this application trying to find a reason to reject the proposal based on provision on the Code, but could not find any reason. He noted that he was concerned with privacy Issues. He recommended a condition that all of the property line be fenced on the north, west and south sides. He noted that he would like to see larger trees preserved. Councilor Dirksen noted concern about construction activity on existing trees and referred to a recent project in the City where trees were damaged due to construction. He recommended that there be a punitive damage imposed if existing trees are not preserved or he suggested that a bond of some kind be posted. H Councilor Moore noted that the applicant has met the provisions of the Code. He referred to the arguments presented about quality of life issues but advised that these types of arguments could be said for any proposed development. He also noted he knew what it was like to lose privacy of a new development and acknowledged that privacy will be diminished. He said that if a final decision was issued based on quality of life criteria, the matter would most likely go to the Land Use Board of Appeals, which would remand the Issue to Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 12 the City. This would only mean that the development would be delayed. He said he supported Councilor Dirksen's recommendations and he also supports reversing the Planning Commission's denial of this development. In response to a question from Councilor Scheckla whether or not a certified, independent arborist should be used to review the application, City Attorney Ramis noted that they could continue the hearing to bring more evidence in to address. Councilor Moore noted that the applicant supplied information from a certified arborist and also the City's arborist has looked at the proposal. Councilor Scheckla expressed concern that the arborist be independent. Councilor Dirksen noted that the City's forester was stricter and was looking at the property in an unbiased fashion. Councilor Patton noted that she felt confident with City Forester Matt Stine's recommendations. Councilor Patton agreed with Councilor Dirksen with regard to scrutinizing the Code to determine if the application was in compliance with requirements. She advised that she agrees with the staff report. She noted that she sympathizes with the concerns of the neighbors for the loss of privacy. She advised that she would like to see fencing on all units abutting adjacent properties. Councilor Patton also noted concerns with safety with regard to Walnut Street, especially at the entrance/exit of the development. She would like some investigation as to whether any additional traffic mitigation could be set as a condition. She agreed that the Planning Commission's denial should be reversed as the Planned Development proposal meets Code requirements. With regard to the request for the density bonus, she said that the reduction from 18 to 16 units does not appear to make a significant difference to the impacts on the neighbors. Councilor Dirksen noted he agreed with Councilor Patton on this point. Mr. Rager advised that the traffic study, which was done on May 8, 2000, at 124' and Walnut indicated that there were no traffic safety issues and nothing further would be warranted. He advised that the sight distance to the east was somewhat of a problem (a dip in the road) and the sight distance to the west was acceptable. He also noted that Washington County will be improving Walnut Street in the near future. From the period 1996-98, there were four accidents reported at 1241 and Walnut, which is not considered to be excessive. Councilor Dirksen noted his concern about protecting trees due to careless construction. Councilor Moore commented that some damage done may not show up for several years. Mr. 8ewersdorff reviewed the conditions as discussed by Council: Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) -.Page 13 t 1. The property is to be fenced behind and next to all dwelling units with the exception of open areas. 2. Tree plantings in all buffer areas should be done with 2-inch caliper trees. 3. The developer should be required to put in an escrow account the value of every 12-inch tree that Is to be retained for the period of construction. He noted that in other cases this period has been for seven years. He said the "period of construction" would mean during the construction of the streets and homes. In response to a from Councilor Patton with regard to whether trees on adjacent properties could be included, Mr. Bewersdorff advised that conditions could be made specific with regard to certain trees. The escrow account would contain funds for 12-inch trees as determined by the City forester. The funds would be paid to the City based on the value of trees lost. There is a methodology used to determine the value of the trees and the replacement by caliper inches. It was noted that the escrow account may be a large sum.. With regard to a question from Councilor Scheckla, City Attorney Ramis noted that Measure 7 is not being enforced at this time, but if ruled to be a valid limitation on local government, Measure 7 will affect all decisions, including this one. With regard to the traffic condition, Councilor Patton reiterated that she would like to see some signage or additional ways to indicate that caution is needed for the intersection. She noted that there will be a private drive plus a sidewalk to a major collector and she would like drivers to be able to anticipate that there may be people crossing the road. Mr. Rager acknowledged that this situation is similar to other intersections although one of the legs happens to be a private street. There is a possibility that the applicant could be required to stripe a crosswalk. After discussion, it was determined that Mr. Rager would review the Manual on Uniform Traffic Control Devices to determine what safety measures could be required (such as striping a crosswalk or signage). Councilor Moore indicated that these traffic conditions may be temporary solutions because the County planned improvements on Walnut Street within the next 12-18 months. Councilor Patton noted that she did not think this Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 14 / would be a temporary solution for entering and exiting 124' Avenue at this location. Councilor Patton said she would be comfortable In delegating to staff the task of writing the proposed recommendation for Council review. Councilor Moore noted his concern about the amount of dollars that may be required for the escrow accounts for the trees. City Attorney Ramis noted that if the amount is not workable, then the applicant could seek an amendment to this condition through a hearing process. Motion by Councilor Dirksen, seconded by Councilor Moore, to overturn the Planning Commission's denial dependant upon the conditions discussed tonight including additional fencing, increasing requirements of the tree size for new trees, the traffic issue to be reviewed by the City Engineer, and the escrow account for tree damage. The specifics of these conditions are to be defined by staff and then considered by the City Council. The motion was approved by majority vote (4-1) of City Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - No Draft Council Meeting Minutes - Agenda Item No. 5 (August 14, 2001) - Page 15 Page 1 of 2 Thanks, Al; I think the points you make are reasonable. There only seems to be a few issues. One is that we are not sure that a bond works for us. If there are problems with tree damage, we will want easy access to the money. Bonds cant' too much administrative costs for us to effectively utilize. I will forward this to Jim. Ultimately the Council will have to decide what they want. I am not sure that 5% will be acceptable to them. You may want to estimate the value of the trees and be able to compare that to the 5% of the undeveloped lots. It doesnot appear that that figure would provide a reasonable guarantee for the value of trees. Also note that we have found a number of problems with the builders especially because they have not been accountable in past practice. That is when the damage occurs beyond the what occurs when the subdivision is constructed. Any construction on the site, whether streets, waterlines, etc as well as home construction needs to be accountable to any tree damage. Finally, we will be looking for a guarantee that limits are administrative costs. Just like the administration of bonds, the costs of dealing with third party assessments, and ironing out difficults adds to the administrative costs and time that we are not interested in being involved with. I believe the City Council will be looking at this project with the viewpoint that your proposal is based on saving the trees and the costs should be the developments. y®.-}...- Dick Bewersdorff dick _ci.tigard z/ 7~ &Z AI Jeck <amj@alpha-eng.com> 08/27/01 04:13PM Dick, Matt Sprague has kept me up to date on your Email correspondence regarding the tree escrow and other conditions of approval. I would like to discuss these issues with you later today or tomorrow, either by phone or a brief meeting. Here's my take on the issues as discussed so far: 1 Individual tree appraisal It appears that the trunk evaluation method from the Guide for Plant Appraisal is a generally accepted standard for assessing the value of full or partial tree damage. As explained to me, the method encompasses the condition, location, and extent of damage by species. Our only concern would be to assure objectivity in applying the methodology to inspections and appraisal. If a dispute were to occur, we would suggest bringing in a qualified 3rd-party appraiser to review the valuation. Let's discuss. Also, if a penalty were assessed, would the funds be used to re-plant the property? 2 Escrow versus bond or other surety We would like to have some flexibility in how the security account is structured. Depending on the total amount required, a fully funded escrow account may pose an unworkable cash burden on the project. Bonds are commonly used instruments in similar "performance" situations-a bond would seem appropriate here. Other options would be a bank letter of credit, or set-aside account as part of the construction loan. We ask for some flexibility, as long as the city's ability to collect the funds (if required) is not compromised. 3 Total amount of escrow/bond We are working on an estimate of the number and size of trees affected where construction would occur within the drip line. We can evaluate this together when finished. At maximum, we feel that a reasonable escrow amount would not exceed five percent of the value of the undeveloped lots. 4 Transferability of escrow/bond It is our intention to sell the lots to a home builder. Transferability of the escrow or bond to the builder will be an issue for us. Does this create any particular problem for the City? Our recommendation for rewording the four points in the resolution going to the Council (changes in bold): 1 The development portion of the site shall be fenced with "good neighbor fencing" as proposed by the applicant on the north, west and south sides of the development adjacent to all existing dwelling units. 2 All trees to be planted in the setback areas adjacent to the site boundary must be a minimum of two caliper inches. 3 Prior to any construction activity on site, the applicant shall establish an escrow account or other appropriate surety (i.e., bond) in the favor of the City of Tigard in a reasonable amount to be established by the City's Urban Forester, but not to exceed five percent (5%) of the value of the file://C:\WINDOWS\TEMP\GW } 00009.HTM 8/27/01 AGENDA ITEM No. 10 Date: August 28, 2001 PUBLIC HEARING (LEGISLATIVE) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER A ZONE ORDINANCE AMENDMENT TO EXEMPT CERTAIN EXISTING BUILDINGS ABUTTING MAIN STREET FROM ADDITIONAL OFF-STREET PARKING IN CERTAIN CIRCUMSTANCES (ZOA2000-00004), AMENDING CHAPTER 15.705 OF THE TIGARD COMMUNITY DEVELOPMENT CODE Due to Time Constraints City Council May Impose A Time Limit on Testimony I:\NDM\GREER\CCSIGNUP\PH TESTIMONY LEG.DOC AGENDA ITEM No. 10 PLEASE PRINT Proponent - S eakin In Favor Opponent - (Speaking A ai t Neutral Name, Address & Phone No. N e, Address & Pho o. Name, Address & Phone No. , S 920 +~3^Gr.~^ 3[ t~ 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. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM # FOR AGENDA OF August 28, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: A Zoning- Ordinance Amendment (ZOA2000-00004) to allow existing- -buildings directly abutting SW Main Street to be exempt from having to add additional off-street narking for a change of use except for entertainment uses and construction of new buildings PREPARED BY: Beth St. Amand DEPT HEAD OK TY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council adopt the attached ordinance to allow existing buildings directly abutting SW Main Street to be exempt from having to add additional off-street parking for a change of use and new construction to replace existing square footage? However, construction of new buildings and entertainment uses abutting SW Main Street will be required to meet the off-street parking standards according to Table 18.765.2 of the Tigard Community Development Code. STAFF RECOMMENDATION Adopt the attached ordinance to amend the Tigard Community Development Code. INFORMATION SUMMARY Through discussions with the Tigard Central Business District Association, the City of Tigard has been asked to come up with a solution to the limited parking of the downtown area. City staff drafted a Zone Ordinance Amendment to allow existing buildings abutting Main Street to be exempt from additional off-street parking for a change of use except for entertainment uses and construction of new buildings. The Tigard Central Business District Association reviewed the amendment and gave their approval. At the November 6, 2000, Planning Commission meeting, the Commissioners held a public hearing on the requested Zone Ordinance Amendment. After the close of the hearing, the Commission deliberated and voted to recommend approval to the City Council with the parking amendment also applying to new buildings or existing buildings that undergo remodeling provided the original square footage of the buildings remain the same. With the passage of Measure 7, staff delayed sending this forward to Council for the second public hearing until the City Attorneys advised us to proceed. Notice of the August 28`h public hearing was mailed to the required property owners on August 1, 2001. OTHER ALTERNATIVES CONSIDERED Not applicable. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life, Downtown #1 - Provide opportunities to work proactively with Central Business District (CBD) businesses and property owners and citizens of Tigard to set the course for the future of the central downtown area. ATTACHMENT LIST 1. Proposed Ordinance 2. Exhibit A - Proposed Revisions to Table 18.765.2. 3. Exhibit B - Map of Affected Properties 4. Exhibit C - Planning Commission Meeting Minutes, Nov. 6, 2000 5. Exhibit D - Staff Report to the Planning Commission FISCAL NOTES No budgetary impact. i:Vrpln\beth\parking amendment\zoa200o-0004.sum EXHIBIT C Excerpt -11/16/00 Planning Commission Minutes 4. APPROVE MEETING MINUTES Commissioner Padgett moved and Commissioner Anderson secondea the motion to approve the October 2, 2000, meeting minutes as submitted. A voice vote was taken and the motion passed by a vote of 5-0. Commissioner Incalcaterra arrived after the vote was taken. 5. PUBLIC HEARING 5.1 ZONE ORDINANCE AMENDMENT (ZOA) 2000-00004 DOWNTOWN PARKING CODE AMENDMENT The City of Tigard is requesting approval of a Zone Ordinance Amendment to allow existing buildings directly abutting Main Street to be exempt from having to add additional off-street parking for a change of use. However, construction of new buildings abutting Main Street will be required to meet the off-street parking standards according to Table 18.765.2 (Minimum and Maximum Required Off-Street Vehicle and Bicycle Parking Requirements) in the Tigard Community Development Code. LOCATION: All properties abutting SW Main Street. ZONE: CBD Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic retail and office uses. Single- family attached housing, at a maximum density of 12 units/net acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 5 and 9; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3 and 5.3; and Community Development Code Chapters 18.380, 18.390 and 18.765. STAFF REPORT Matt Scheidegger presented the staff report on behalf of the City. He explained that the amendment would allow all existing buildings on Main Street to be exempt from having to meet the off-street parking standards for a change of use. New construction, change of use to entertainment purposes, or the addition of new square footage to an existing building would have to meet the parking standards. Dick Bewersdorff noted that these standards are common in other cities. The purpose of this amendment is to maintain and improve the viability of the historic downtown area. Commissioner Incalcaterra asked if this exemption would apply even if a new business in an existing building attracts more cars than the previous business. Mr. Scheidegger said that is correct unless the new business is for entertainment use. Jim Hendryx presented a brief background for this amendment. The City has made at least two attempts for revitalizing the downtown area over the last 15 years, both PLANNING COMMISSION MEETING MINUTES - November 6, 2000 - Page 2 of which failed. About two years ago the Tigard Central Business District Association was formed. An action plan was adopted and a resource team was brought in to develop a vision plan for the improvement and success of the downtown area. The association recently hired a part time manager. One of the key aspects for the next 18 months is to look at funding sources. The association has contracted with the Oregon Downtown Development Association to look at a funding mechanism to maintain the association, to continue to finance the part time manager, and to work on promotional activities and other issues. Since there is a lack of developable land in the downtown area, this amendment will encourage new businesses to occupy existing buildings. Commissioner Anderson asked about shared parking arrangements for businesses that operate during different hours. Mr. Hendryx said that is allowed by the code. A parking management plan will be developed later to address issues such as this. Commissioner Topp asked if a new building would be exempt if it replaces an old building of the same square footage. It was clarified that all new buildings will have to meet parking requirements. PUBLIC TESTIMONY - IN FAVOR Mike Marr, 12420 SW Main Street, Tigard, Oregon, stated that parking is very important for businesses in the downtown area. His building covers the entire property and there is no spare land for parking. He feels that the existing code is too prohibitive. The biggest problem is during the lunch hour. He is supportive of this amendment and the Central Business District Association also supports the amendment. PUBLIC TESTIMONY - IN OPPOSITION Vivian Davis, 10875 SW 89th, Tigard, Oregon, owns a building on Main Street. Downtown parking is a serious problem. Four parking spaces in front of her building were taken for use by Greyhound, which parks in that spot for 12 minutes, 12 times a day. This has caused numerous problems, including the impairment of visibility when exiting the parking lot. For more than a year the City has promised to move Greyhound, but has not done so. Ms. Davis was advised that this issue has been addressed by the City Engineer and the bus stop was moved across the street to the south side about a month ago. She was unaware that this had occurred and is unsure if she is opposed to the amendment, she only knows that parking downtown is a serious problem. PUBLIC HEARING CLOSED Commissioner Topp said he is troubled by the rebuilding part of the amendment. New development is required to comply with the standards, but there will not be very much new development. Development in the area will mainly consist of redevelopment of older existing buildings. Requiring compliance for a new building PLANNING COMMISSION MEETING MINUTES - November 6, 2000 - Page 3 that replaces an older run-down building will be a disincentive to rebuild if additional parking is required. He agrees that if an existing building adds square footage it should also add more parking. However, if a new building retains the existing square footage, then it should be exempt from coming up to current parking standards. President Wilson pointed out that there is already a serious disincentive to rebuild because currently an existing building must comply if the use changes. This ordinance gives more flexibility in that regard. Commissioner Padgett noted that an important distinction is that the Central Business District is a specially designated area of the City, and the City has recognized that the purpose and intent of this area is different from other general commercial areas. Because of the unique characteristics and designation of the area, it is important to clarify that this amendment only applies to the Central Business District and the same theory does not apply to other commercial areas. Matt Scheidegger reiterated that this amendment only applies to property abutting Main Street. A brief discussion followed regarding inclusion of these concerns in the recommendation for approval. Commissioner Topp moved to recommend approval to City Council of the Downtown Parking Code Amendment, Zone Ordinance Amendment (ZOA) 2000- 00004, as evidenced by Table 18.765.2 revised on 11/6/00 to include an amendment to footnote #5 that existing buildings directly abutting Main Street are not required to add additional off-street parking for a change of use or for replacement of the existing square footage except for entertainment uses. Commissioner Mores seconded the motion. A voice vote was taken and the motion passed unanimously. Commissioner Padgett left at 8:10 p.m. 5.2 COMPREHENSIVE PLAN AMENDMENT (CPA) 2000-00001/ZONE ORDINANCE AMENDMENT (ZOA) 2000-00003 CODE AMENDMENT INCORPORATING USA'S NEW WATER QUALITY DESIGN STANDARDS The City of Tigard is proposing a Comprehensive Plan Amendment to Volume II in order to recognize Unified Sewerage Agency's (USA) role in managing water quality and to provide additional evidence of Metro Title 3 compliance. A Zone Ordinance Amendment is requested with respect to Community Development Code (Title 18), Chapters 18.370, 18.775 and 18.797, in order to incorporate new USA Design and Construction Standards governing development near streams, wetlands, and springs (collectively called Water Quality Sensitive Areas). All lesser standards in the Community Development Code that provide less protection than the USA standards will be deleted and a requirement will be added that a USA permit be obtained. The USA regulations have been put into place in response to Metro Stream and Wetland PLANNING COMMISSION MEETING MINUTES - November 6, 2000 - Page 4 EXHIBIT D Agenda Item: _ 5.1 Hearing Date: November 6.2000 Time: 7:30 PM STAFF REPORT-T® THE PLANNING ZOMMISSl®N . c►>YOFno,~D ' _ ~ Comrrtuni~tDevelopment FOR THE CITY OF TIGAR®, REGON sii~Offietter~ogimuraty SECTION I. APPLICATION SUMMARY CASE NAME: DOWNTOWN PARKING CODE AMENDMENT CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2000-00004 PROPOSAL: The City of Tigard is requesting approval of a Zone Ordinance Amendment to allow existing buildings directly abutting SW Main Street to be exempt from having to add additional off-street parking for a change of use. However, construction of new buildings abutting Main Street will be required to meet the off-street parking standards according to Table 18.765.2 (Minimum and Maximum Required Off-Street Vehicle and Bicycle Parking Requirements) in the Tigard Community Development Code. The proposal will amend The Tigard Community Development Code in Chapter 18.765 (Table 18.765.2). APPLICANT: City of Tigard OWNER: Same 13125 SW Hall Boulevard Tigard, OR 97223 ZONE: CBD: Central Business District. The CBD zoning district is designed to provide a concentrated central business district, centered on the City's historic downtown, including a mix of civic retail and office uses. Single-family attached housing, at a maximum density of 12 units/net acre, equivalent to the R-40 zoning district, are permitted outright. A wide range of uses, including but not limited to adult entertainment, utilities, facilities with drive-up windows, medical centers, major event entertainment and gasoline stations, are permitted conditionally. LOCATION: All properties abutting SW Main Street. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 5 and 9; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3 and 5.3; and Community Development Code Chapters 18.380, 18.390 and 18.765. SECTION II. STAFF RECOMMENDATION Staff recommends ,ahat1he-Planning:,C6rhmission,.forward a recommeiidationito5Ihe City ry Council to APPROVE the requested Zone Ordinance 'Ameridme'nt STAFF REPORT TO THE PLANNING COMMISSION 1116/2000 PUBLIC HEARING 20A2000.00004/ DOWNTOWN PARKING CODE AMENDMENT PAGE 1 OF 4 MOEN SECTION III. BACKGROUND INFORMATION Thropgh discussions with the Community Development Director, the Tigard Central Business District Association expressed concerns for parking relative to changes of use. The Association is concerned that strict parking standards and lack of developable land has hindered new business from the downtown area. Allowing permitted uses to occupy pre-existing buildings without having to meet the current parking ratios will encourage new businesses in the future. However-, new construction will need to meet current parking standards. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 - Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Ccmprehensive Plan and implementing documents. This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all property owners of property abutting SW Main and notice was published in the Tigard Times Newspaper prior to the hearing. In addition, this amendment has been mentioned at CIT meetings and after the hearing before the Planning Commission, additional notice will be mailed and published prior to the City Council Hearing. Two Public Hearings are held (one before the Planning Commission and the second before . the City Council) in which public input is welcome. Statewide Planning Goal 2 - Land Use Planning: This goal outlines the land use planning process and policy framework. This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and policies to review changes to the Development Code consistent with Goal 2. This goal is met because the City applied all relevant Statewide Planning Goals, City Comprehensive Plan Policies, and Community Development Code requirements in the review of the proposal. Statewide Planning Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources: This goal is to protect natural resources and conserve scenic and historic areas and open spaces. This goal outlines government responsibilities to adopt programs that will protect natural resources and conserve scenic, historic, and open space resources for present and future generations. STAFF REPORT TO THE PLANNING COMMISSION 11/6/2000 PUBLIC HEARING ZOA2000-000041 DOWNTOWN PARKING CODE AMENDMENT PAGE 2 OF 4 • r 1 The City has met this goal by allowing existing buildings on Main street to be exempt from having to add additional off-street arking for a change of use. Allowing this exemption will help maintain the present state of the historic "downtown" area without hindering potential uses otherwise prohibited by off-street parking standards due to lack of developable space. Any applicable Comprehensive Plan Policies; and The proposal is consistent with the City's acknowledged Comprehensive Plan and Development Code based on the following: Comprehensive Plan Policy 1.1.1.a -General Policies: This policy states that the City shall ensure that this Comprehensive Plan and all future legislative changes are consistent with the Statewide Planning Goals adopted by the Land Conservation and Development Commission, and the regional plan adopted by the Metropolitan Service District. This Policy is satisfied as the proposed changes are consistent with Statewide Planning Goals as indicated above and the change will help to keep the Development Code current with local needs. Comprehensive Plan Policy 2.1.1 - Citizen Involvement: This policy states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. This Policy is satisfied, as the Tigard Central Business District Association has reviewed the proposal and will have a chance to address it at the Public Hearing. Comprehensive Plan Policy 2.1.2 - Citizen Involvement: This policy states that the opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross- section of the community. This Policy is satisfied as the proposal was created entirely by the Tigard Central Business District Association under the direction of the City. Furthermore, all property owners that abut SW Main Street have received notice of the public hearing and notice was published in the Tigard Times and posted in the vicinity. Comprehensive Plan Policy 2.1.3 - Citizen Involvement: This policy states that the City shall ensure that information on land use planning issues is available in an understandable form for all interested parties. This Policy is satisfied as the staff report was made available more than seven (7) days prior to the public hearing, including the proposed Code amendments. Comprehensive Plan Policy 5.3 - Economy: This policy states that the City shall improve and enhance the portions of the Central Business District as the focal point for commercial, high density residential, business, civic and professional activity creating a diversified and economically viable core area. This policy is satisfied as the change allows diverse uses to enter the downtown area without having to meet current off-street parking standards thus not interrupting the fragile balance between economic sustainability and the environmentally sensitive areas of the downtown core area. Any applicable provisions of the City's implementing ordinances. STAFF REPORT TO THE PLANNING COMMISSION 11/612000 PUBLIC HEARING ZOA200040004/ DOWNTOWN PARKING CODE AMENDMENT PAGE 3 OF 4 81 IN= I The only applicable City Development Code standard is Chapter 18.380 which regulates amendments. The Tigard Development Code Section 18.380.020 outlines the process for reviewing Development Code Text Amendments. Section 18.390.060.13 establishes procedures for legislative code changes and is satisfied according to the above findings and Section 18.765 (Table 18.765.2) where the amendment takes place. Numerous on-street parking stalls are available to downtown partisans as well as City lots (i.e. Chamber of Commerce lot). Public transit facilities are in close proximity in order to increase pedestrian traffic. Therefore, traffic hence the change would not create significant congestion. Based on the analysis above, staff finds that the attached Ordinance clarifies responsibilities and liabilities. It is recommended that the Planning Commission forward the Ordinance to the City Council with a recommendation for approval. SECTION V ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS City of Tigard Engineering Department has reviewed the proposal and has no objections to i{. City of Ti?02 rd Long Range Planning Division has reviewed the proposal and has no objections it. Oregon Department of Land Conservation & Development has reviewed the proposal and has no objections to it. City of Tigard Operations Department has reviewed the proposal and has no objections to it. City of Tigard Police Department has reviewed the proposal and has no objections to it. October 24, 2000 PREPA D Y: athew Sc e r DATE Assistant Plan er 0 -0) 0 October 24. 2000 PR VED BY: Richard Be rsdorff DATE Planning M pager is\curplnlmathew\zoa2000-00004 staff report.doc STAFF REPORT TO THE PLANNING COMMISSION 11/6!2000 PUBLIC HEARING ZOA2000-000041 DOWNTOWN PARKING CODE AMENDMENT PAGE 4 OF 4 ~J V ~ a (10- n -1 AGENDA ITEM # I FOR AGENDA OF 08/28/01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE TMC - Permit Issuance Conditions (oversize loads) PREPARED BY: Ronald D. Goodl2aster DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should TMC 10.050 be amended to read that "no move shall begin before 9:00 AM on weekdays and must be completed by 3:00 PM." STAFF RECOMMENDATION Staff recommends that the change to the ordinance be approved. INFORMATION SUMMARY Currently the ordinance states that no move shall take place during the periods of 7:00 AM through 9:00 AM without approval of the Chief of Police. The recommendation is that the language be changed to specifically state that no move shall begin before 9:00 AM on weekdays and must be completed by 3:00 PM. The part missing primarily is the completion time of 3:00 PM. This is just before the busy rush hour traffic starts. This would be extremely beneficial to us and the general motoring public regarding navigating the streets during extremely congested and busy times. OTHER ALTERNATIVES CONSIDERED No other alternatives considered. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The Tigard Beyond Tomorrow Public Safety strategy would cover this area. ATTACHMENTS There are no attachments. FISCAL NOTES There are no additional costs attached to this change. Ocitywiae\sum.dot waz) CITY OF TIGARD, OREGON '4~t 0 V e-f. ORDINANCE NO.01- AN ORDINANCE AMENDING SECTION 10.50.080 OF THE TIGARD MUNICIPAL CODE CHANGING SUB SECTION 10.50.080 (6) PROHIBITING MOVEMENT OF OVERSIZE LOADS ON CITY STREETS BEFORE 9:00 AM AND AFTER 3:00 PM. WHEREAS, Section 10.50.080 (6) the Tigard Municipal Code currently states "no move shall take place during the periods of seven a.m. through nine a.m., without approval of the chief of police"; and WHEREAS, movement of oversize loads after three p.m. causes severe traffic congestion at rush hour times on weekdays; and WHEREAS, public safety vehicles cannot move effectively through severely congested streets; and WHEREAS, restricting movement of oversize loads will prevent this cause of traffic congestion. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Section 10.50.080 (6) is amended to read as follows: No movement shall begin before nine a.m. on weekdays and must be completed by three p.m. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2001. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2001. James E. Griffith, Mayor Approved as to form: City Attorney Date MADM\ORDINANC\ORDINANCE AMENDMENT OVERSIZE LOADS.DOC ORDINANCE No. 01 Page 1 TIGARD MUNICIPAL CODE Chapter 10.50 MOVING OF OVERSIZE means the designee or designees appointed by the LOADS director of community development who is responsible for the building inspections and Sections: enforcement of the building code. 10.50.010 Title. (3) City Engineer. "City engineer" means 10.50.020 Definitions. the city engineer or the city engineer's designee. 10.50.030 Permit required. 10.50.040 Permit application-Fee. (4) Street. "Street" means any highway, 10.50.050 Permit for moving or relocating road, street or alley as defined in ORS 487.005(1) a building onto a lot. and (8). 10.50.060 Protection of public and private property and utilities. (5) Structure. "Structure" means that which 10.50.070 Certificate of insurance. is built or constructed, an edifice or building of 10.50.080 Permit issuance conditions. any kind, or piece of work artificially built up or 10.50.090 Permit contents. composed of parts joined together in some 10.50.100 Permit revocation. definite manner. 10.50.110 Liability. 10.50.120 Protection of streets and (6) Chief of Police. "Chief of police" property. means the designee appointed by the city 10.50.130 Project to continue administrator who is responsible for the uninterrupted. administration of the police department and may 10.50.140 Cleanup. also be referred to herein as "Chief." 10.50.150 State highway/county road use. 10.50.160 Moving oversize loads on same (7) Oversize Load. "Oversize load" means property. any building, structure or commodity which is to 10.50.170 Violation--Penalty. be moved along any city street upon a flatbed truck, trailer, dollies or similar vehicles, which has 10.50.010 Title. a loaded width exceeding eight feet and/or a loaded length exceeding fifty feet total, and/or a This chapter shall be known as the "moving loaded height exceeding fourteen feet pursuant to of oversize loads ordinance" and may also be ORS 818.080. (Ord. 90-18 §l(part), 1990) referred to herein as "this chapter." (Ord. 90-18 §1 (part), 1990) 10.50.030 Permit required. 10.50.020 Definitions. (a) No person shall move an oversize load across or along a street without first applying for For the purposes of this chapter, the and obtaining a permit under this chapter. following mean: (b) No person shall move an oversize load (1) Building. "Building" means any across or along a street in violation of a provision structure used or intended for sheltering any use of this chapter or of the provisions of the permit or occupancy. issued under this chapter. (Ord. 90-18 §1(part), 1990) (2) Building Official. "Building official" 10-50-1 Reformatted 1994 TIGARD MUNICIPAL CODE 10.50.040 Permit application--Fee. information for design review approval. (a) Application for a permit to move an (c) An application shall be signed by the oversize load shall be made to the building official owner of the oversize load to be moved or by the on forms provided by the building official and person engaged to move the building. shall include the following information: (d) A fee of ten dollars shall be paid prior to (1) The name and address of a person the issuance of a permit. Should it be necessary who owns the oversize load; for the city to provide any assistance in the moving of an oversize load, the applicant shall (2) The name and address of a person pay an amount equal to the cost of labor and/or engaged to move the oversize load; materials, or any other cost incurred by the city. These fees, pursuant to this section may be (3) The location from which the amended by the city council by resolution. (Ord. oversize load is proposed to be moved; 90-18 §1 (part), 1990) (4) The proposed new site of the 10.50.050 Permit for moving or relocating oversize load and its zoning classification (if in a building onto a lot. the city); The movement or relocation of any building (5) The proposed route for moving the or structure (which would otherwise require the oversize load; issuance of a building permit), within or into the city, to be placed on a lot within the city, shall in (6) The dimensions, type of addition to the provisions of this chapter, comply construction and approximate age of the oversize with Chapter 14.20. (Ord. 90-18 §l(part), 1990) load; 10.50.060 Protection of public and private (7) The use or purpose for which the property and utilities. oversize load was designed; (a) The issuance of an oversize load permit (8) The use or purpose to be made of is not an approval to remove, alter, interfere or the oversize load at its new location (if in the endanger any public or private property, or utility city); without first having obtained in writing, the permission of the property owner(s), utility, or (9) The proposed moving date and public entity to do so. hours of moving; (b) The applicant shall have made ' (10) Any additional information the arrangements to the satisfaction of the owner(s), i building official considers necessary for a fair utility or public entity for protecting the determination of whether the permit should be installations or property, paying for whatever issued. damage the moving causes them, and for reimbursing the owner(s), utility or public entity (b) In situations where the city's design for any costs of removal and reinstallation of the review standards apply, the applicant shall also property that the move necessitates. (Ord. 90-18 make application and submit all necessary §1 (part), 1990) 10-50-2 Reformatted 1994 TIGARD MUNICIPAL CODE 10.50.070 Certificate of insurance. (1) The route for moving the oversize load; A permit shall not be issued until the (2) The dates and times within which the applicant furnishes proof of liability insurance moving is to be completed; with a surety company authorized to do business in this state, for the purposes of moving oversize (3) Whatever additional conditions the loads, in an amount and form approved by the building official considers necessary to satisfy building official. (Ord. 90-18 §1(part), 1990) ordinance requirements, to minimize the obstruction of traffic to protect property, and to 10.50.080 Permit issuance conditions. protect the public safety and welfare. (Ord. 90-18 § 1(part), 1990). The building official shall issue the permit subject to any necessary conditions if. 10.50.100 Permit revocation. (1) The application complies with the The building official may refuse to issue a requirements of this chapter; permit or may revoke a permit issued under this chapter if: (2) The moving can be accomplished without damage to property, or in case of damage (1) The permittee violates or cannot meet a to the property, it is consented to by the owner of requirement of the permit or a section of this the property or is to be paid for to the owner's chapter; satisfaction; (2) Grounds, such as a misstatement of fact (3) The building at its new site, if within the exist for revocation, suspension or refusal to issue city, will conform to the requirements of the the permit. (Ord. 90-18 §l(part), 1990). community development code; 10.50.110 Liability. (4) All requirements of the building code ordinance (Chapter 14.04) have been complied The permit shall not constitute an with; authorization for damaging property. The permit shall not constitute a defense against any liability (5) The applicant shall be responsible for the permittee incurs for personal injury or notifying the police department, fire department, property damage caused by the moving. (Ord. 90- and all other affected agencies not less than that 18 §1(part), 1990) required by the agency, but not less than forty- eight hours prior to commencement of the move; 10.50.120 Protection of streets and property. (6) No move shall take place during the periods of seven a.m. through nine a.m., without Equipment used to move oversize loads approval of the chief of police. (Ord. 90-18 along or across the public streets of the city shall §1 (part), 1990) be equipped with pneumatic tires, which shall be the only part of the equipment to come in to 10.50.090 Permit contents. contact with the surfaces of the streets, except planking as required by the city engineer. The The permit shall specify: city engineer may require the permittee to proceed 10-50-3 Reformatted 1994 TIGARD MUNICIPAL CODE on planking of specified dimensions when the city 10.50.160 Moving oversize loads on same engineer considers the planking necessary to property. prevent damage to a public street or other property. (Ord. 90-18 §1(part), 1990) Section 10.50.030 shall not apply when an oversize load is moved on the same or private 10.50.130 Project to continue property, or along a private street not controlled or uninterrupted. maintained by the city, except that Section 10.50.050 shall apply in all cases. (Ord. 90-18 Once an oversize load has been moved onto a §1(part), 1990) public street under a permit authorized by this chapter, the person moving the oversize load shall 10.50.170 Violation--Penalty. continue with the moving project without interruption until it is completed, except as the Violation of this chapter (except for Section permit for the moving of the oversize load 10.50.050) shall constitute a Class I infraction and specifically allows to the contrary. (Ord. 90-18 shall be processed in accordance with the civil §1(part), 1990) infractions ordinance, codified in Chapter 1.16 of this code. (Ord. 90-18 §I(part), 1990)8 10.50.140 Cleanup. A person moving an oversize load under a permit authorized by this chapter shall promptly remove from the public streets and private property all litter produced by the moving. (Ord. 90-18 § l (part), 1990) 10.50.150 State highway/county road use. The building official may waive any of the requirements of this chapter regarding oversize loads to be moved through the city upon a county road or state highway from and to points outside the city limits if. (1) Movement will be made pursuant to a permit issued by the appropriate state agency; (2) Notice of the proposed movement and a copy of the permit is submitted to the building official before the movement; and (3) The building official is satisfied that adequate precautions have been taken to protect the public safety and welfare. (Ord. 90-18 §1 (part), 1990) 10-50-4 Reformatted 1994 4 ~ AGENDA ITEM # FOR AGENDA OF August 28, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE An ordinance amending sections 2.36.030, 2.36.040, 7.100.10 and 7.100.40 of the Tigard Municipal Code. PREPARED BY: Margaret Barnes DEPT HEAD OK Zrz- CITY MGR OK ISSUE BEFORE THE COUNCIL Should the Council amend Tigard Municipal Code (TMC) sections 2.36.030, 2.36.040, 7.100.10 and 7.100.40 to clarify procedures for Library Board member appointment and terms, and the procedure for the exclusion from the Tigard Public Library? STAFF RECOMMENDATION Amend TMC 2.36.030, 2.36.040, 7.100.10 and 7.100.40. INFORMATION SUMMARY TMC 2.36.030 contains procedures to be followed by the City when it wishes to appoint Library Board members, the terms of the members, the frequency of meetings, the selection of officers for the Board and the record keeping of board meeting. TMC 2.36.040 outlines the responsibilities of the Library Board. The proposed amendment clarifies the operation of the Library Board and removes outdated language. TMC 7.100.10 and 7.100.40 contains the procedure to follow to exclude a person from the Tigard Public Library. The proposed amendment clarifies and updates the procedure to follow to exclude a person from the Tigard Public Library and the process to appeal the exclusion. OTHER ALTERNATIVES CONSIDERED Retain TMC 2.36.030, 2.36.040, 7.100.10 and 7.100.40 as written. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Ordinance amending sections TMC 2.36.030, 2.36.040, 7.100.10 and 7.100.40 Current form of 2.36.030, 2.36.040, 7.100.10 and 7.100.40 Is= gill plawl WIEW EM ^y FISCAL NOTES There is no cost for this action. 4 O AGENDA ITEM # 3 FOR AGENDA OF August 28.2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Tigard Municipal Code Update - Building Appeals Board PREPARED BY: Gary Lampella DEPT HEAD OK ITY MGR OK IYvDN- ISSUE BEFORE THE COUNCIL Should Chapter 2.09 of the TMC, Building Appeals Board, be revised or retained in its current format? Should Council appoint Building Appeals Board members? STAFF RECOMMENDATION No change to the TMC. Retain the local Building Appeals Board in its current format and appoint Building Appeals Board members. INFORMATION SUMMARY On October 10, 1995, Ordinance No. 95-21 was enacted by Council adding Chapter 2.09 to the TMC, which established the Building Appeals Board. The Council appointed thirteen members by Resolution No. 95-65 on December 19, 1995 with a term limit of four (4) years. There has been one appeal since the formation of the Building Appeals Board and the members' terms have since expired. Oregon Administrative Rules have been changed as a result of the passage of Senate Bill 587 during the 1999 Legislative Session. OAR 918-001-0130 allows an alternate appeal procedure. Persons aggrieved by a decision of a local building official are now allowed to choose whether to appeal though the local appeals process or appeal to the appropriate specialty code chief at the State level. Persons aggrieved by the decision of either of these two appeal processes could still appeal to the appropriate advisory board as allowed by ORS 455.690. OTHER ALTERNATIVES CONSIDERED Eliminate the local Appeals Board and rely on the State of Oregon Building Codes Division's specialty code chiefs to make a final determination regarding a decision of the City of Tigard Building Official. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY n " N/A ATTACHMENT LIST #1 -Oregon Administrative Rule 918-001-0130 and Oregon Revised Statute 455.690. FISCAL NOTES N/A. slims Attachment 1 OAR 918-001-0130 Alternative Appeal Procedure This rule allows persons aggrieved by a decision of a local building official or designee to choose whether to appeal through the local appeals process, or through the division. If the appeal relates to an inspection pursuant to the Electrical Specialty Code, the appeal process set forth in OAR 918-251-0040 shall be followed. (1) A person aggrieved by the decision of a local building official or designee may, in lieu of using the local appeals process, appeal to the appropriate specialty code chief. The aggrieved person may not change from one process to the other on the same issue. Such appeal shall: (a) Be made within 30 days of the municipality decision; and (b) Include the name of the person making the appeal, a written description of the appeal, the name of the authority having jurisdiction, the specific code or codes involved, and whether a "stop work" order has been issued; and (c) Be accompanied by $20 appeal fee. (2) Upon receipt of an appeal, the specialty code chief shall seek information from the local building official or designee and any other information necessary to make a decision. (3) Upon final determination by the chief, the chief shall notify appropriate affected parties in writing. (4) If the aggrieved person, or the person whose decision generated the appeal, chooses to further appeal the decision of the specialty code chief to the appropriate state advisory board, the person shall: (a) Request further appeal within 15 days after written notification of the decision of the specialty code chief; and (b) Provide additional information as needed by the division to process the appeal. ORS 455.690 Appeal to advisory boards. Any person aggrieved by the final decision of a municipal appeals board or a subordinate officer of the Department of Consumer and Business Services as to the application of any provision of a specialty code may, within 30 days after the date of the decision, appeal to the appropriate advisory board. The appellant shall submit a fee of $20, payable to the department, with the request for appeal. The final decision of the involved municipality or state officer shall be subject to review and final determination by the appropriate advisory board as to technical and scientific determinations related to the application of the specialty code involved. [Formerly 456.850; 1993 c.744 s.98]