City Council Packet - 09/25/2001OREGON
TIG RD CITY COUNCIL
MEETING
SEPTEMBER 25, 2001
COUNCIL MEETING WILL BE TELEVISED
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13125 SW Hail Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
AGENDA
TIGARD CITY COUNCIL ADMINISTRATIVE ITEMS FOR REVIEW
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The Study Meeting is held In the Red Rock Creek Conference Room. Enter at the back of Town Hail The
Council encourages Interested citizens to attend all or part of the meeting. If the number of attendees exceeds
the capacity of the Conference Room, the Council may move the Study Meeting to the Town Hall.
> 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 statute. 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.
> ADMINISTRATIVE ITEMS:
0 League of Oregon Cities Conference (November 9-11 in Eugene) - Ask If any Council
member plans to attend. Saturday, November 10, Is the primary day. To avoid a late
fee, staff must register you no later than October 15, so please advise if Interested in
attending.
0 Memorandum dated September 20, 2001, distributed to the City Council from Dick
Bewersdorff, Planning Manager, regarding "Study of the Planned Development
Ordinance."
0 Information distributed concerning the Dick Shouten memo regarding Metro Greenspaces.
Community Development Director Hendryx will give a verbal update.
0 Update on house moving - Emmert.
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 dosed 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 (1) (b) -
Discipline of public officers and employees (unless affected person requests
to have an open hearing).
192.6600) (c) -
To consider matters pertaining to medical staff of a public hospital.
192.660(l) (d) -
Labor negotiations. (News media can be excluded in this instance.)
192.660(l) (e) -
Real property transaction negotiations.
192.6600) (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.
192-6600) (g) -
Trade negotiations - involving matters of trade or commerce in which the
governing body Is competing with other governing bodies.
192.660(l) (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.
192.6600) (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
criteria and policy directives to be used in evaluating chief
standards
,
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) (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.
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Development
Shaping A Better
community
TO: Tigard City Council and Planning Commission
FROM: Dick Bewersdorff, Planning Manager
DATE: September 20, 2001
SUBJECT: Study of the Planned Development Ordinance
Background
The Planned Development ordinance was reviewed by the Planning Commission in 1986
and 1992-1993. It was amended in 1998 as part of the development code revisions based
on the Planning Commission's review. Due to concerns related to a recent development
project, the City Council and Planning Commission desire to revisit the Planned
Development section of the development code.
Proposed Study Program
Because of Ballot Measure 7 and staff shortages, there are a number of other separate
code amendments waiting on the to-do list. These include hillside development, driveway
slope, home occupations (piano teachers), and bed and breakfasts. If work is to be done
on the Planned Development ordinance, these will have to be further delayed.
Because of the number of development projects under review and the fact that we were not
be fully staffed until mid-September, it is likely that detailed work on the Planned
Development ordinance will not be able to be started until sometime after the first of the
year. That will provide a minimum amount of time for staff training and familiarization with
Tigard's development code.
Page 1 of 2
r
As a result, it is suggested that staff provide the Planning Commission background material
from professional sources on the concepts involved with Planned Development. The
Commission as a whole does not have a consistent level of understan.ing of the concepts,
options, alternatives, and mechanics of Planned Developments. Staff would rely on one
major source. I will forward the Commission copies of an APA Planning Advisory Service
document called "Planned Unit Development Ordinances" which is a bit dated but is
probably the best overall document on the subject. This would provide reading material for
the Commission to digest.
The next step would be to assign a staff member to work on the project. Staff would
envision one or two brainstorming discussions with the Commission to identify issues.
Once issues were identified, we would expect to review the types and variety of Planned
Development decisions the City has made. This will provide a consistent background for
the pros and cons of the Planned Development process with respect to speck types and
sites.
With the above background, staff and the Planning Commission can begin to prepare the
language for appropriate changes. Changes should be reviewed by the City Attorney's
office. It may be desirable to involve the development community. Once amendments are
drafted, it is required that both the Planning Commission and City Council hold public
hearings. Notice must also be provided to Metro and L.C.D.C. The formal adoption
process of hearings can be expected to take three to four months if the process has no
glitches. Review by outside sources such as the development community if they are
interested will add to the time involved in completing the code amendments.
1Acurp1n\dick\code amendments\PD memo to CC-PC.doc
Page 2 of 2
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Jim Hendryx
FROM: Bill Manahan
DATE: September 24, 2001
SUBJECT: Dick Schouten Memo - Metro Greenspaces
Attached is an e-mail that was sent to Councilors Moore and Dirksen last week. A copy
has been circulated to all council members. I expect there will be some discussion of this
during the city council study session of September 25.
Please review the information provided by Washington County Commissioner Schouten.
Commissioner Schouten is making a case that Metro should modify its list of Tigard
properties to include both the Stanley and Conklin properties. In addition, since the
package deal offered by the Trust for Public Lands includes the Gage property, it appears
that he also supports Gage. He also refers, on page 9 of his report, to the Senn property.
I expect the city council will be looking for direction from staff on how to proceed to work
with Commissioner Schouten, other Washington County Commissioners, and Metro to
push for Commissioner Schouten's proposal. In order for our city council to be prepared,
community development needs to prepare a memo in response to the issues raised. The
memo should include the following:
1. Status of the Stanley, Conklin, Gage, and Senn properties in Tigard's master
plans.
2. What we know about the status of the Senn property. (For your information,
have yet to receive a letter from William Eade of Metro presenting the Metro
proposal for acquisition of this property.)
3. Any staff comments which would provide clarification or would correct
comments made by Commissioner Schouten in his report.
4. A recommended course of action to initiate discussions with Metro staff prior to
a meeting of elected officials. Such a meeting may help to identify the common
ground on which we and the county and Metro staff have agreed prior to elected
official discussions in preparation of a course of action.
1AWSOLM EMOSWETRO GREENSPACE ACOUSMONSAOC
Cath ' heade -Mail Pa e 1
From: Dick Schouten <Dick Schouten@co.washington.or.us>
To: Tom Brian <Tom_Brian@co.washington.or.us>, Dennis Mulvihill
<Dennis_Mulvihill@co.washington.or.us>, "'chosticka@earthlink.netr" <chosticka@earthlink.net>,
"'brian more@pgn.com'" <brian more@pgn.com>, "'skafoury@teleport.com'" <skafoury@teleport.com>,
"'craigd@ci.tigard.or.us' <craigd@ci.tigard.or.us>, Bill Gaffi <gaffib@usa-cleanwater.org>
Date: 9120/01 4:12PM
<<Greenspaces.doc>> Ali:
Here is a draft memo I have prepared regarding possible Metro purchases of
Bull Mountain properties. I look forward to your responses.
Dick Schouten
CC: Charlie Cameron <Charlie Cameron@co.washington.or.us>
Copies to: /
Mayor/Council V Other:
City Manager ~
Council File
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All:
A few months ago, Tom Brian asked a number of questions
regarding openspaces in Washington County. Three of those
questions are directly relevant to Metro's possible
purchase of three properties (Stanley Trust, Conklin and
Gage) in the Tigard area, all optioned by the Trust for
Public Land.
Tom's three questions are below in bold italics, with my
response following. For Tom's First Question, my answer is
broken down into two parts, namely acquisitions per Metro's
Website dated August 15th; and the latest updates I received
on September 14th, 17th and 18th from Metro Councilor
Hosticka, and/or the two principals in Metro's Openspaces
Department, Charlie Ciecko and Jim Desmond.
Question 1. What openspace purchases has Metro
currently made in Washington County under the 95
openspaces bond program?
The First part of my Answer to Tom's First Question
per Metro's web page, last updated on August 15:
Below you will see Metro's Openspace Bond.Program
acquisitions as quoted from Metro's web site (last updated
August 15, 2001). I added the capitalized text. This
added text includes: what the regional acquisition areas
are under the 1995 Bond; and how much the purchase totals
are currently over or under the 1995 Bond targets.
"Regional natural areas
"Numbers in parentheses indicate the acreage acquired in
each area as of August 15, 2001.
"1. Gales Creek (606 acres) - south of Forest Grove,
acquired wetlands and riparian forests will offer wildlife
habitat near the Tualatin River and increase habitat
adjacent to Fernhill Wetlands."
THE 95 BOND ISSUE TARGET FOR GALES CREEK IS 775 ACRES. WE
ARE CURRENTLY SHORT 169 ACRES.
"2. Jackson Bottom/McKay and Dairy creeks (73 acres) -
acquisitions along these tributaries of the Tualatin River
will support water-quality enhancement efforts in the
Tualatin Basin and add wildlife habitat to the Jackson
Bottom Management Area."
THE 95 BOND ISSUE TARGET FOR JACKSON BOTTOM/ETC. IS 335
ACRES. WE ARE CURRENTLY SHORT 262 ACRES.
"3. Tualatin River access points (385 acres) - public
access in at least four locations along the Tualatin River
will provide opportunities for canoeing, kayaking, fishing,
picnicking and wildlife viewing."
THE 95 BOND ISSUE TARGET FOR THE TUALATIN RIVER ACCESS
POINTS IS 265 ACRES. HERE WE ARE OVER THE TARGET BY
120 ACRES.
"4. Cooper Mountain (256 acres) - forested and open space
areas.provide significant wildlife habitat. The stands of
oak and madrone trees that exist here are uncommon in
the metropolitan area."
THE 95 BOND ISSUE TARGET FOR COOPER MOUNTAIN IS 425
ACRES. WE ARE CURRENTLY SHORT 169 ACRES.
"5. Rock Creek (109 acres) - a tributary of the Tualatin
River, this creek flows through an area of rapid urban
growth. Acquisitions will protect some of the natural
features of the area, provide wildlife.habitat, help
maintain water quality and offer recreational
opportunities."
THE 95 BOND ISSUE TARGET FOR ROCK CREEK IS 300 ACRES. WE
ARE SHORT 191 ACRES.
2
"6. Forest Park buffer/ expansion (830 acres) - inholdings
and adjacent buffer areas will be purchased to protect the
future of Forest Park, a 5,000-acre park in urban
Northwest Portland."
THE 95 BOND ISSUE TARGET FOR FOREST PARK IS 320 ACRES.
WE ARE CURRENTLY 500 ACRES OVER TARGET HERE.
"7. Willamette River Greenway (898 acres) - acquisitions
along the greenway from Wilsonville to the Multnomah
Channel adjacent to Sauvie Island will be considered. Fish
and wildlife habitat protection, river access, scenic
values and water-quality protection will be among factors
used to purchase land along the greenway. Specific
Willamette River Greenway projects include Multnomah
Channel (326 acres), Willamette Cove (27 acres), Willamette
Narrows (439 acres) and Canemah Bluff (129 acres)."
THE 95 BOND ISSUE TARGET FOR THE ENTIRE GREENWAY IS 1,100
ACRES. WE ARE CURRENTLY SHORT 202 ACRES.
"8. Tonquin geologic arep (4-36 acres) - this area near
Tualatin links to the Tualatin River National Wildlife
Refuge and contributes scenic value to the cities of
Wilsonville and Tualatin. It also features unique geologic
evidence of prehistoric glacial flooding."
THE 95 BOND ISSUE TARGET FOR TONQUIN IS 275 ACRES. WE ARE
OVER TARGET 173 ACRES.
"9. Tryon Creek linkages (43 acres) - stream greenways
leading to Tryon Creek will help protect water quality in
the watershed as well as support the integrity of Tryon
Creek State Park."
THE 95 BOND ISSUE TARGET FOR TYRON IS 20 ACRES.
WE ARE CURRENTLY OVER TARGET HERE AT 23 ACRES.
"10. Newell Creek Canyon (145 acres) - located near Oregon
City, the creek flows through a forested canyon. The creek,
which originates on the campus of Clackamas Community
College and flows into Abernathy Creek, is relatively
short, but does support trout and salmon."
3
THE 95 BOND ISSUE TARGET FOR NEWELL CREEK IS 370 ACRES. WE
ARE CURRENTLY SHORT THERE BY 225 ACRES.
"11. Clear Creek Canyon (492 acres) - this creek flows into
the Clackamas River at Carver and supports a salmon
fishery. The forest of conifers and hardwoods contributes
to high water quality."
THE 95 BOND ISSUE TARGET FOR GALES CREEK IS 345 ACRES. WE
ARE CURRENTLY EXCEEDING THE TARGET BY 147 ACRES.
"12. East Buttes/Boring Lava Domes (730 acres) - a group
of extinct volcanoes and lava domes in north Clackamas and
east Multnomah counties provide unique geographic character
to the region, wildlife habitat and panoramic vistas."
THE 95 BOND ISSUE TARGET FOR EAST BUTTES, ETC. IS 550
ACRES. WE ARE EXCEEDING THE TARGET BY 180 ACRES.
"13. Columbia River shoreline (271 acres) - riparian forest
and island habitat will be acquired west of the Sandy
River."
THE 95 BOND ISSUE TARGET THE COLUMBIA SHORELINE IS 95
ACRES. AGAIN WE ARE EXCEEDING THE TARGET'BY 180 ACRES.
"14. Sandy River Gorge (1,048 acres) - this wild and scenic
waterway will provide important fish and wildlife habitat.
Acquisitions along Sandy River tributaries will also offer
water-quality benefits."
THE 95 BOND ISSUE TARGET FOR THE SANDY RIVER GORGE IS 810
ACRES. WE ARE EXCEEDING THE TARGET BY 238 ACRES.
"Regional trails and greenways
A. Burlington Northern rails-to-trails (2 acres) - this
corridor was originally envisioned to provide public
access from Sauvie Island just north of the island
bridge, over the Tualatin Mountains to the. Tualatin
Valley. At this time, a trail option [for Burlington
4
Northern] is not likely, since the railroad company has
not abandoned the rail corridor as previously planned.
[Bold added for emphasis.]"
THIS TRAIL WOULD PAVE RUN FROM WESTERN MULTNOMAH COUNTY
(SAUVIE ISLAND) TO A POINT IN RURAL NORTHWESTERN WASHINGTON
COUNTY NORTHWEST OF CORNELIUS PASS ROAD. ABOUT 80%
OF THE TRAIL WOULD HAVE BEEN IN MULTNOMAH COUNTY. THE
BALLOT MATERIALS FOR THE 95 BOND ISSUE MEASURED THE TRAIL
TARGETS NOT IN ACREAGE BUT IN MILES. FOR THIS PARTICULAR
TRAIL THE TARGET WAS 7 MILES.
"B. Fanno Creek Greenway (30 acres) - additions to the
greenway from the Tualatin River to the Terwilliger Parkway
in Portland will add a touch of green in a highly urbanized
area as well as provide water quality protection."
THE 95 BOND MEASURE TARGET WAS FOR UP TO 12 MILES.
"C. Peninsula Crossing Trail (1 acre) - located in North
Portland, this 3.5-mile trail connects the Smith and Bybee
lakes area with the Willamette Greenway. The trail is now
open for public use."
THE 95 BOND MEASURE TARGET WAS FOR 3 MILES.
"D. OMSI to Springwater Corridor (44 acres) - a portion of
the Willamette Greenway, this east bank corridor will
provide a critical link to the regional trail system
and serve as a buffer to Oaks Bottom Wildlife Refuge."
THE 95 BOND MEASURE TARGET WAS 3 MILES.
"E. Clackamas River North Bank Greenway (608 acres) - a
greenway from Barton Park to Clackamette Park will offer
recreational opportunities and water quality benefits
through a developing area."
THE 95 BOND MEASURE TARGET FOR CLACKAMAS WAS FOR UP TO 8
MILES.
5
Three smaller properties in Washington County are also
signed up but not closed for the Fanno Greenway Trail.
Some simple arithmetic deductions tell us that these Fanno
properties total something less than 55 acres. In addition
a 2 acre piece just inside Portland/Multnomah County was
recently closed for the Fanno Trail. Portland and THPRD
strongly supported this purchase.
THPRD recently completed a new segment of the Fanno Trail
from roughly Allen/Scholls Blvd. to their Garden Home
Recreation Center. The Center is just west of the
County/Portland line on Garden Home Road.
A good number of the missing links for the Fanno Greenway
Trail are east of the Garden Home Recreation Center, from
the western edge of Portland east to the Willamette River.
The Willamette will be the eastern terminus of the Fanno
Trail. When completed it would be more accurate to call
this trail the Willamette to Tualatin River Trail.
Since August 15th, Metro has brought 10 properties "under
contract" those I mentioned above for Washington County
and some others located elsewhere. These 10 properties
total 568 acres of which 428 acres or 75% of the total are
located in this County.
Question 2. Has Metro 95 Greenspaces Bond dollars been
equitably distributed - has Washington County
received its fair share?
The addition of Kistner Wetlands(Dairy/McKay Creek) and the
other pending or closed purchases for Fanno Creek and Rock
Creek Greenways make this a closer call than before.
However, looking at the target acreage for the 1995 bond
issue, and what Metro has accomplished since then (which is
(outstanding), I still see a serious inequity.
Three of the short falls for the 1995 target areas (Gales
Creek, Cooper Mountain and Rock Creek Greenway) are in
Washington County; Multnomah and Clackamas County share one
(Willamette River Greenway); and Clackamas County has one
alone (Newell Creek Canyon).
7
"F. Beaver Creek Canyon Greenway (47 acres) - near
Troutdale, this creek tributary of the Sandy River offers
an important fish and wildlife corridor. A section of
the trail project forms a portion of the 40-Mile Loop
system."
THE 95 BOND MEASURE TARGET WAS FOR UP TO 4 MILES.
For the readers' convenience, let me repeat Question 1:
What openspace purchases has Metro currently made
in Washington County under the 95 openspaces bond
program?
The Second part of my Answer to the First Question:
Below you will see the latest Metro's Openspace Bond
Program acquisitions since August 15, 2001. This
information is partly based on recent conversations with
Charlie Ciecko and Jim Desmond:
Metro has very recently acquired Kistner Wetlands. This is
a 373-acre former dairy farm between Banks and Forest
Grove. Mike Houck told me this property has outstanding and
unique natural resources, as well as being an excellent
bird watching site.
That purchase, along with two other purchases (Jensen and
McCallum)totally 25 acres and located in Jackson Bottom,
all recently closed. One other as yet undisclosed property
is "signed up but not yet closed" somewhere in the Jackson
Bottom/Dairy/McKay Creek target area.
The bottom line is that Metro will exceed its acreage goals
for the Dairy/McKay Creek/Jackson Bottom area by more than
135 acres.
In addition Metro had now closed on the 9 acre Kim
property. This property is located in a Hillsboro part of
the Rock Creek acquisition area. This means Metro is still
short 182 acres for the Rock Creek Greenway.
6
Moreover, two of the three short falls in this County are
by a factor of well over a 1/3. Specifically: Cooper
Mountain is 169 acres short of a 425 acre target; and Rock
Creek is 182 acres short of a 300 acre target.
The prospects in Cooper Mt. and Rock Creek are particularly
uncertain. And as for trails I think that this County
deserves more than the 2/3rd piece of the Fanno Creek
Trail, especially given the obvious no go status of the
Burlington Northern Trail. That Trail would have tied
northeast Washington County to west Multnomah County.
How is the above discussion relevant to whether Metro
should acquire the TPL optioned lands? Because the TPL
land is a sure way for Metro to meet its obligations
the
Washington County under the 1995 Bond program, given
uncertainties for further acquisitions at Rock Creek,
Cooper Mountain and the Burlington Northern Trail.
Question 3. What openspaces should or can be
acquired in Washington County?
I have heard no one disagree with the target areas set out
in the 1995 Greenspaces Bond issue for Washington County.
This is the so-called "A List" properties. I believe any A
List properties located in this County should be purchased.
However, it is highly unlikely that Metro can reach its
openspaces goals/obligations in Washington County from the
A List alone.
It is my best understanding, after speaking to Councilor
Hosticka, Charlie Ciecko and Jim Desmond, on September 18th
that roughly 12 million dollars is left from the 95
Openspaces Bond for further land purchases.
However, Councilor Hosticka also told me on the 19th that
on-going negotiations for further acquisitions (that is,
deals not yet signed and/or closed) could potentially
commit another 6 million dollars, should all those
negotiations lead to land purchases. In short 6 of the 12
uncommitted million openspaces bond dollars could become
committed in the future, near or otherwise.
8
a I know of one set of negotiations (recently featured in the
Oregonian), that is a part of the 6 million dollars
currently "in play." It is for Washington County property,
known as the Senn Property. Senn is located along Ash
Creek (a Fanno Creek tributary) in Tigard, and is part of
the Fanno Creek Greenway target area. It is my
understanding (again based on the above-referenced
Oregonian feature), that Metro is willing to put $600,000
towards an offered price of $900,000 for Senn. I believe
the balance may come from Clean Water Services, City of
Tigard and individual donors. However more donors are
needed to bridge a current $70,000 shortfall to pay for the
Senn Property.
However, unlike other target areas such as Fanno Creek
Greenway, at both the Rock Creek and Cooper Mountain Metro
faces a large property owner - an owner that will either
enable Metro to meet its target or cause Metro to remain
far short. So far as I know these owners remain unwilling
to sell their properties to Metro, positions they have held
for some years.
In short, it may be a long time before Metro finds the
willing sellers it needs at Cooper Mountain, Rock Creek and
Burlington Northern. Meanwhile, common sense and my own
observations tell me that Metro will be under intense
pressure to continue buying properties in all acquisition
target areas including those over target.
There will always been some compelling in-holding property,
some missing link, some choice property in these over-
target areas, with passionate advocates pleading for
additional Openspace Bond funds to purchase them. It will
be hard for Metro to say no to those pleas. If there are
not enough "noes" the Openspace Bond money will be gone
before willing sellers (if any) are ever found at Cooper
Mountain, Rock Creek, etc.
It is useful to see the language of the voter approved
Openspaces Bond Measure to determine what courses of action
are open to solve this problem. Metro adopted the
Openspace Acquisition Bond Measure pursuant to Metro
Resolution No. 95-2074-A (the "Resolution"). This
Resolution adopted the language of the Bond Measure by
reference to an attached Exhibit "B". (See the Resolution
at the third resolve paragraph at page 3.)
9
The clear inference, based on the plain meaning of "retain"
in Exhibit B (at page 6), is that if Metro has an
obligation to retain a regional balance of sites acquired"
should new target areas be selected, then Metro also has a
duty to regionally balance the sites it acquires in the
first place, what I am calling A List properties.
Metro clearly intended to meet that initial obligation by
purchasing openspaces from the Resolution's list of 14
regionally significant natural areas and in the amount set
out in estimated acreages for each of those 14 areas. (See
Resolution at the top of page 6.)
The Resolution allows Metro Council to acquire other
"regionally significant" open spaces outside the 14 initial
acquisition areas from the 1995 Openspaces Bond if certain
circumstances arise. Among those circumstances are if
Metro Council determines it is "infeasible" to acquire A
List properties. (See the Resolution at the second from
the bottom paragraph, at page 6.)
I am only aware of two possible courses of action available
to Metro in order to meet its initial obligation to find a
regional balance, given that only 6 million dollars remain
truly uncommitted. Those courses of action are to either
resolve not to spend any more openspaces money in over
target areas until targets are met for all 14 acquisition
areas, or find that it unfeasible that all 14 targets and
select new target areas.
The above two actions are not mutually exclusive. I
believe Metro should do both. It should do the first
because of the regional balance duties imposed on Metro by
the Resolution. Metro Council should also add new
acquisition areas because that it has become infeasible for
Metro to meet its 1995 Bond obligations to the west-end of
the Metro region from A List properties alone.
I have reached that conclusion given: the extremely strong
pressures on Metro to purchase in over target areas,
pressure that will grow not lessen over time; the clear
intractability of key land owners at Cooper Mountain and
Rock Creek and the operating realities along Burlington
Northern; and the relatively small balance of remaining
uncommitted openspaces funds.
10
I believe it follows that Metro will need to purchase
openspaces in new target areas since not enough A List
properties can be found to retain regional balance. For
purposes of this memo, I will call properties in new target
areas - B List properties.
I suggest that Metro select new acquisition target areas
based on the language found in the Openspaces Bond Measure,
i.e., whether they:
• Are located in infeasible first priority target areas;
• Are needed to gain or retain a regional balance of sites
acquired; and
• Contain parcels that are identified as regionally
significant in the 1992 Metropolitan Greenspaces Master
Plan and more recently depicted as being "Most
Significant Ecological Greenspaces" and "Fits [Metro
Greenspaces] Criteria," on Metro's May 23;d, 2001 "Draft
Regional Greenspaces System" map or its successor.
Bull Mountain is located in an area, eastern Washington
County currently most short of openspaces per the 1995
Openspaces Bond. Specifically, this area contains two
infeasible first priority acquisition target areas (Cooper
Mountain and Rock Creek); and Metro needs to purchase more
land in this area to gain regional openspace balance. (See
the prior pages for the detailed discussion that lead me to
those conclusions.)
Bull Mountain also contains parcels that are identified as
regionally significant in the 1992 Metropolitan Greenspaces
Master Plan, and contain properties that are depicted as
"Most Significant Ecological Greenspaces" and "Fits [Metro
Greenspaces] Criteria," on Metro's May 23rd, 2001 "Draft
Regional Greenspaces System" map.
I further suggest that Metro select properties in new
acquisition target areas based on whether they:
• Are identified as regionally significant in the 1992
Metropolitan Greenspaces Master Plan and more recently
depicted as being "Most Significant Ecological
11
Greenspaces" and "Fits [Metro Greenspaces] Criteria," on
Metro's May 23rd, 2001 "Draft Regional Greenspaces System"
map or its successor.
• Are of sufficient size by themselves or when added to
adjacent parks and/or greenspaces to maintain the on-
going integrity of their natural resources;
• Are on or near regional trails not currently on the 1995
Bond list, but which trails now are being considered by
Metro's Green Ribbon Committee as "potential sites" for
additional Metro funding outside of the 95 Bond;
• Are located in areas identified on park and/or
greenspaces Master Plans or other pertinent governmental
planning documents;
• Enjoy strong public support for use as parks and/or
greenspaces;
• Have willing sellers ready to sell to Metro;
• Have additional acquisition funding sources or which have
sellers willing to sell to Metro on a discounted basis;
• Have partners willing to build necessary improvements and
assume on-going maintenance and operational expenses.
• Are under a strong threat of development or other
activity that would destroy the natural resources on that
parcel;
e Are close to major population centers, and in particular
rapidly growing ones;
• Are in areas presently under served with respect to parks
and/or greenspaces;
• Are readily accessible; and
® Provide significant flood, storm water or other water
quality functions;
12
TPL's two Bull Mountain properties (Cache Creek Addition -
Stanley Trust and Conklin Property) meet nearly all of the
above criteria.
Both properties are located within "Most Significant
Ecological Greenspaces" and fit Metro "Greenspaces
Criteria," as depicted on Metro's May 23rd, 2001 Draft
Regional Greenspaces System map. These properties are also
located within areas identified as regionally significant
in the 1992 Greenspaces Master Plan. Moreover, Mike Houck
believes TPL's Bull Mountain properties continue to have
significant natural resources. He supports Metro's
purchase of these properties.
Conklin and Stanley are of sufficient size by themselves or
when added to adjacent parks and/or greenspaces to protect
the on-going integrity of the natural resources.
Conklin is over 22 acres and is immediately adjacent to a
new school site. Stanley is just less than 8 acres but is
immediately adjacent to Tigard's Cache Creek Park, a green
space park with excellent natural resources. Combining
Stanley and Cache Creek Park would create a natural
resource park of nearly 20 acres. Stanley and Cache Creek
Park are both adjacent to a City-owned reservoir site. So
there are potential green space opportunities on the
reservoir property as well. (See the Technical Memorandum
prepared by Mitchell Nelson, Re: Recreation Benefit
Analysis - Stanley Trust, Conklin Property and Gage Grove,
dated August 29, 2001, ("Technical Memorandum") at page 6.)
Adding the Stanley properties to Cache Creek Park is one of
Tigard's priorities per its 1999 Park System Master Plan.
The Conklin property is identified by that same 1999 Master
Plan "as a potential community park site."
These properties also enjoy strong public support - from
the residents in the area, many who have organized as the
"Friends of Tigard Open Spaces," as well as from many
elected leaders representing the area.
TPL's Stanley Trust, Conklin and a third the Gage Grove
property are all available for Metro purchase. TPL is
willing to sell the above three properties as a package on
a large discounted basis.
13
Moreover, the three parcels are located in prime
development areas, two (Stanley and Conklin) are on Bull
Mountain, a extremely expensive residential area near
Tigard and the other (Gage Grove) is located in the middle
of Tigard. Tigard is growing rapidly. These properties
will likely be developed not long after the TPL options
expire. Both Conklin and Stanley are zoned "Medium Density
Residential," and will accommodate a residential
subdivision.
The City of Tigard's goal for Level of Service (LOS) is 11
acres per 1,000. "The City's current LOS is 9. Future
population projections will only put increased pressure on
existing park and recreation facilities." (See Technical
Memorandum at page 2.)
The Stanley, Conklin and Gage properties are in areas
presently "undeserved" with respect to parks and/or
protected greenspaces. (See the Technical Memorandum at
pages 5, 6 and 8.)
All of the TPL properties are readily accessible for public
use. Indeed, among other access points, Conklin has an
existing 25-foot easement connecting it to a major street,
Beef Bend Road.
Finally, "a storm water containment area" is located along
the northern edge of the Stanley Property. "This feature
performs a necessary function as flood management for the
residential areas.
Summary and Conclusion:
There is 6 million dollars of uncommitted 1995 Openspaces
Bond money left. Metro can not for the foreseeable future
find enough willing sellers at Cooper Mountain and Rock
Creek to come any where close to meeting the acreage
targets for those areas as stated in the Bond measure.
Metro has two courses of action to solve the above dilemma:
Either resolve not to buy more acreage in over target areas
until all under target areas are up to target; and/or add
new target areas in areas not meeting the acreage goals.
14
Given the strong pressures to buy more land in target areas
and the relatively small amount of uncommitted Bond funds
now left, Metro's best course is to take both actions.
Bull Mountain meets the criteria set out in the Bond
Measure for a new acquisition target area; and the two TPL
optioned properties on Bull Mountain (Stanley and Conklin)
meet nearly all relevant criteria for land purchase under
Metro's Openspaces Bond Measure.
Metro should purchase Stanley and Conklin at fair market
value, particularly if other discounted land can be
included in that purchase.
I strongly recommend that we move quickly. We have a lot
to do including: reconvening the Tigard group that met to
discuss openspace purchases on Bull Mountain; meeting with
other relevant parties such as TPL, and persuading Metro
Council to freeze additional purchases in over target
acquisition areas, open-up a new Bull Mountain target area,
and open negotiations for possible purchase of TPL's Bull
Mountain properties. So we have a lot to do, not much time
and not much money left in the Openspaces Bond fund.
15
Revised 9-21-0 1
Item No.
!
For Council Newsletter dated -v
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
be two meinu es yor at or lessheLongertmatters an be set
item. Visitor's Agenda items are asked to
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 .30 a.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 - September 25, 2001 page 1
AGENDA
TIGARD CITY COUNCIL MEETING
SEPTEMBER 25, 2001
Commemorating
the City of Tig®rd°s 40th Year!
6:30 - 6:40 PM
1. CALL TO ORDER CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD,
ROLL CALL, AND PLEDGE OF ALLEGIANCE - MAYOR GRIFFITH
❖ Pledge of Allegiance to be Led by Boy Scout Troop 419
6:40 - 6:50 PM
2. WELCOME ez READING OF PROCLAMATION - MAYOR GRIFFITH
6:55-8 PM
3. SPECIAL GUESTS
❖ Washington County Chair Tom Brian (Tigard Mayor - ]an. 1987 - December. 1988;
Letter to be read by Councilor Patton)
❖ US Representative David Wu (Letter to be read by Representative Wu's spokesperson.)
❖ Former Mayor John Cook (Tigard Mayor - ]an. 1984 - Dec. 1986)
❖ Former Mayor Gerald Edwards (Tigard Mayor - ]an. 1989 - March 1994)
❖ Senator Gordon Smith (Letter to be read by Councilor Moore.)
❖ Governor John Kitzhaber (Letter to be read by Councilor Scheckla.)
❖ Beaverton Mayor Rob Drake (Letter to be read by Councilor Dirksen.)
❖ Pioneer woman reading letter (2-3 minutes)
❖ Tigard-Area Resident Bev Froude
❖ Forrner Mayor lack Schwab (Tigard Mayor - April 1994 - May 1994)
❖ Tigard Resident Betty Moore
❖ Tigard Resident Pat Keerins
❖ Tigard Resident Martha Bishop
❖ Tigard Resident Bibianne Scheckla
❖ State Representative Max Williams
❖ 1941 soldier departing from Tigard (2-3 minutes)
❖ Tualatin Valley Fire at Rescue Representative Bob Wyffles,
❖ School District Representative - Carol Rutschman
❖ Tigard Chamber of Commerce Representative - President Sheri Matheis
❖ Person talking about life in Tigard at that time and City°s incorporation
COUNCIL AGENDA - September 25, 2001 page 2
8:00 PM
4. BUSINESS MEETING
4.1 Council Communications at Liaison Reports
4.2 Call to Council and Staff for Non-Agenda Items
8:15 PM
5. VISITOR'S AGENDA (Two Minutes or Less, Please)
8:20 PM
6. PROCLAMATION
a. World Population Awareness Week, October 21-27
8:25 PM
7. CONSENT AGENDA: These Items are considered to be routine and may be enacted
in one motion without separate discussion. Anyone may request that an item be
removed by motion for discussion and separate action. Motion to:
7.1 Approve City Council Minutes: July 10, 17, 24, and August 14, 2001
7.2 Approve the Dedication of Reserve Strips as Public Rights of Way
7.3 Approve Policies for Solid Waste Rate Actions - Resolution No. 01-
7.4 Local Contract Review Board:
a. Award Contract for the Construction of Embedded Crosswalk Lighting
System to R. J. Rouse Electric, Inc.
b. Award a Personal Services Contract for Electrical Inspections and Plan
Review to Clair Company.
c. Amend Purchase Order for Cook Park Master Plan Expansion - Phase I
Construction for the Irrigation of Sports Fields
• 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 Council has voted on those Items which do not need discussion.
8:30 PM
8. PUBLIC HEARING - FINALIZE FORMATION OF SANITARY SEWER
REIMBURSEMENT DISTRICT NO. 20 - SW ROSE VISTA DRIVE
a. Open Public Hearing
b. Staff Report: Engineering Staff
C. Public Testimony
d. Council Discussion, Questions, Comments
e. Staff Recommendation
f. Close Public Hearing
g. Council Motion: Should Council approve the finalization of Sanitary
Sewer Reimbursement District No. 20?
COUNCIL AGENDA - September 25, 2001 page 3
8:40 PM
9. UPDATE FROM THE NEW LIBRARY CONSTRUCTION COMMITTEE ABOUT
THE RECOMMENDED SITE FOR THE PROPOSED NEW LIBRARY
a. Staff Report: Library Staff
b. Presentation by the New Tigard Library Construction Committee Members
C. City Council Discussion and Direction to the Committee
9:00 PM
10. CONSIDER REVISING TIGARD MUNICIPAL CODE CHAPTER 13.09,
REIMBURSEMENT DISTRICTS
a. Staff Report: Engineering Staff
b. Council Questions/Discussion
C. Council Consideration: Ordinance No. 01-
9:10 PM
11. PUBLIC HEARING - CONSIDER REVISING TIGARD MUNICIPAL CODE
CHAPTER 7.40, NOISE ORDINANCE
a. Open Public Hearing
b. Staff Report: Community Development Staff
C. Public Testimony
d. Council Discussion, Questions, Comments
e. Staff Recommendation
f. Close Public Hearing
g. Council Consideration: Ordinance No. 01-
9:40 PM
12. CONSIDER REVISING TIGARD MUNICIPAL CODE CHAPTER 2.09, BUILDING
APPEALS BOARD
a. Staff Report: Community Development Staff
b. Council Questions/Discussion
C. Council Consideration: Ordinance No. 01-
9:45 PM
13. COUNCIL LIAISON REPORTS
9:50 PM
14. NON AGENDA ITEMS
9:55 PM
15. 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
16. ADJOURNMENT
1 AADM\CATHY\CCA\010925.D0C
COUNCIL AGENDA - September 25, 2001 page 4
Agenda Item No. 13,
/
Meeting of /2 -//-O/ -
MINUTES
TIGARD CITY COUNCIL MEETING
SEPTEMBER 25, 2001
Council Present: Mayor Griffith, Councilors Dirksen, Moore, Patton, and Scheckla
Commemorating
the City of Tigard`s 40th Year!
1. CALL TO ORDER: Mayor Griffith called the meeting to order at 6:34 p.m..
Mayor Griffith welcomed those attending this special Council meeting commemorating
the City of Tigard's 40`' Birthday.
❖ Pledge of Allegiance ceremony was led by Boy Scout Troop 419
2. WELCOME 8T READING OF PROCLAMATION - MAYOR GRIFFITH
Mayor Griffith read two proclamations. The first proclamation proclaimed
September 11, 2001, as the City of Tigard's 40' Anniversary, and the second
proclaimed October 21-27, 2001, as World Population Awareness Week.
Motion by Councilor Scheckla, seconded by Councilor Dirksen, to accept the
proclamations as noted by the Mayor. The motion was approved by a unanimous vote
of the City Council present:
Mayor Griffith -
Yes
Councilor Dirksen -
Yes
Councilor Moore -
Yes
Councilor Patton -
Yes
Councilor Scheckla -
Yes
3. SPECIAL GUESTS
The following special guests spoke to the City Council and audience regarding their
memories and congratulations to the City of Tigard upon reaching its 40' year.
❖ Washington County Chair Tom Brian (Tigard Mayor - Tan. 1987 - December. 1988)
Mr. Brian noted that he served in City government for 10 years. He advised
that he has been a long-time resident of the City of Tigard, raising his three
children here. He said much of Tigard's success is due to the efforts of the
volunteers who serve the City of Tigard. He reviewed the building blocks of the
community, which included the establishment of the Tigard Civic Center
building. He also noted that Tigard was one of the first City's to have a City
road bond measure pass. Mr. Brian referred to the enhancement of Tigard
through improvements to Cook Park and the annexation of the Washington
Square/Lincoln Center area.
COUNCIL MINUTES - September 25, 2001 page 1
❖ US Senator Ron Wyden
Councilor Patton read a letter from Senator Wyden, which is on file in the City
Recorder's office.
❖ US Senator Gordon Smith
Councilor Moore read a letter from Senator Smith, which is on file in the City
Recorder's office.
US Representative David Wu
Mayor Griffith read a letter from Representative Wu, which is on file in the City
Recorder's office.
❖ Governor ]ohn Kitzhaber
Councilor Scheckla read a letter from Governor Kitzhaber, which is on file in the
City Recorder's office.
❖ Oregon Senator Ryan Deckert
Mayor Griffith read a letter from Senator Deckert, which is on file in the City
Recorder's office.
❖ Beaverton Mayor Rob Drake
Councilor Dirksen read a letter from Mayor Drake, which is on file in the City
Recorder's office.
❖ Former Mayor ]ohn Cook (Tigard Mayor - ]an. 1984 - Dec. 1986)
Mr. Cook reviewed the City's incorporation that occurred in 1961. He also
recalled how the property for Cook Park was purchased. He noted that he had
served the City of Tigard for a total of 25 years. His service included a term as
Mayor as well as participation on many boards and committees throughout the
years. He said that he hoped the next 40 years would show continued growth
and improvement in the City of Tigard.
4- Former Mayor Gerald Edwards (Tigard Mayor - ]an. 1989 - March 1994)
Mr. Edwards planned to attend; however, due to illness he sent regrets that he
could not attend.
❖ Pioneer woman reading letter
A letter was read depicting life during settlement days in the Tigard area.
❖ Tigard-Area Resident Bev Froude
Mrs. Froude noted that she moved to Bull Mountain in 1964. She advised that
her husband had lived on this property since 1941 before there was public
page 2
COUNCIL MINUTES - September 25, 2001
water service. She said she first became involved with local government when
they were concerned that Murray Boulevard was going to be extended over Bull
Mountain. She challenged citizens to become Informed about focal government
and said, "One person can make a difference."
❖ Tigard Resident Betty Moore
Mrs. Moore recalled her childhood around 1923 and growing up on Main
Street. She recounted anecdotes of this time period when her parents owned a
grocery store on Main Street. Tigard was "a perfect little town."
❖ Tigard Resident Pat Anderson Keerins
Mrs. Keerins was a long-time resident and was born at what is now known as the
Windmill Park area. She said that 121" Avenue used to be called Christensen
Road. Ms. Keerins submitted a letter containing a summary of her remarks.
This letter is on file In the City Recorder's office.
❖ Tigard Resident Martha Bishop
Mrs. Bishop, a long-time resident, volunteer, and wife of former Mayor Wilbur
Bishop, recalled her early days in the City of Tigard. She noted that her
husband, Wilbur Bishop, grew up in Tigard and they returned to the area after
World War 11 and raised their family In Tigard.
❖ Tigard Resident Bibianne Scheckla
Ms. Scheckla read from the book, 77gardville, a selection on the Scheckla family
who settled the Tigard area. A copy of this book Is available at the City of
Tigard Library.
❖ State Representative Max Williams
Representative Williams noted that as the City approached middle age, there
were a number of problems to resolve. He noted the people of Tigard and their
sense of service to their community and said it was a pleasure and honor to
represent the citizens of Tigard.
❖ Tigard-Tualatin School District Superintendent Steve Lowder
Mr. Lowder gave a history of the Tigard School District since 1961. In '61, the
District was known as the Tigard Union District. The District is now comprised
of 11,600 students. Presently, the City and School District are exploring shared
uses of resources to provide opportunities for youth activities.
❖ Tigard Chamber of Commerce Representative - President Sheri Matheis
Ms. Matheis extended good wishes to the City of Tigard. She noted the earlier
organization responsible for forming the Chamber of Commerce was also
responsible for implementing the petition to incorporate the City of Tigard.
COUNCIL MINUTES - September 25, 2001 page 3
❖ 1941 soldier departing from Tigard. (A copy of the remarks Is on file in the City
Recorder's office.)
Person talking about life in 77gard at that time and City's Incorporation. (A copy of
the remarks is on file in the City Recorder's office.)
Council meeting recessed: 8:15 p.m.
Council meeting reconvened: 8:25 p.m.
4. BUSINESS MEETING
4.1 Council Communications & Liaison Reports: None.
4.2 Call to Council and Staff for Non-Agenda Items: None.
5. VISITOR'S AGENDA: No visitors signed in to speak to the City Council.
6. PROCLAMATION (noted earlier in the meeting, see Page 1).
a. World Population Awareness Week, October 21-27
7. CONSENT AGENDA: Motion by Councilor Moore, seconded by Council Patton, to
approve the Consent Agenda as follows:
7.1 Approve City Council Minutes: ]uly 10, 17, 24, and August 14, 2001
7.2 Approve the Dedication of Reserve Strips as Public Rights of Way
7.3 Approve Policies for Solid Waste Rate Actions - Resolution No. 01-53-A*
7.4 Local Contract Review Board:
a. Award Contract for the Construction of Embedded Crosswalk Lighting
System to R. 3. Rouse Electric, Inc.
b. Award a "'Personal Services Contract for Electrical Inspections and Plan
Review to Clair Company.
c. Amend Purchase Order for Cook Park Master Plan Expansion - Phase I
Construction for the Irrigation of Sports Fields
'City Recorder's note: Resolution and ordinance numbers assigned during this meeting were Inadvertently given numbers assigned to
Council action Items at a previous meeting. Therefore, the letter "A" was attached to the numbers for resolution and ordinances adopted at
this meeting.
The motion was approved by a unanimous vote of the City Council present:
Mayor Griffith -
Yes
Councilor Dirksen -
Yes
Councilor Moore -
Yes
Councilor Patton -
Yes
Councilor Scheckla -
Yes
COUNCIL MINUTES - September 25, 2001 page 4
8. PUBLIC HEARING - FINALIZE FORMATION OF SANITARY SEWER
REIMBURSEMENT DISTRICT NO. 20 - SW ROSE VISTA DRIVE
a. Mayor Griffith opened the public hearing.
b. Project Engineer Greg Berry presented the staff report, which is on file in the City
Recorder's office.
C. Public Testimony: None
d. Mayor Griffith closed the public hearing.
e. Motion by Councilor Moore, seconded by Councilor Scheckla, to approve the
finalization of Sanitary Sewer Reimbursement District No. 20.
The motion was approved by a unanimous vote of the City Council present:
Mayor Griffith -
Yes
Councilor Dirksen -
Yes
Councilor Moore -
Yes
Councilor Patton -
Yes
Councilor Scheckla -
Yes
9. UPDATE FROM THE NEW LIBRARY CONSTRUCTION COMMITTEE ABOUT
THE RECOMMENDED SITE FOR THE PROPOSED NEW LIBRARY
Library Director Margaret Barnes Introduced Gary Larson and Rich Brooks of BML
Architects. Mr. Larsen reviewed the placement of the proposed new library and potential
location of Wall Street. He advised that there is enough area for the proposed building even
with the consideration that must be given to wetlands and the floodplain. He also noted that
there will be future room for growth.
City Manager Monahan advised that the City was in negotiations to acquire an option on the
property.
10. CONSIDER REVISING TIGARD MUNICIPAL CODE CHAPTER 13.09,
REIMBURSEMENT DISTRICTS
City Engineer Duenas reviewed this agenda item and presented the staff report to the
City Council. A copy of the staff report is on file in the City Recorder's office.
Mr. Duenas reviewed the proposed revisions to Tigard Municipal Code (TMC)
Chapter 13.09, which would authorize purchasing an easement from an owner within
a proposed district and allow the City to recover its cost of administering
reimbursement districts as described in a memorandum submitted to the Council and
contained In material on file in the City Recorder's office.
COUNCIL MINUTES - September 25, 2001
page 5
Mr. Duenas advised that staff recommended approval of the ordinance.
Motion by Councilor Moore, seconded by Councilor Patton, to adopt Ordinance No.
01-1 l-A.
ORDINANCE NO. 01-1 l -A - AN ORDINANCE AMENDING CHAPTER 13.09,
REIMBURSEMENT DISTRICTS, OF THE TIGARD MUNICIPAL CODE.
The motion was approved by a unanimous vote of the City Council present:
Mayor Griffith -
Yes
Councilor Dirksen -
Yes
Councilor Moore -
Yes
Councilor Patton -
Yes
Councilor Scheckla -
Yes
11. PUBLIC HEARING - CONSIDER REVISING TIGARD MUNICIPAL CODE
CHAPTER 7.40, NOISE ORDINANCE
a. Mayor Griffith opened the public hearing.
b. Planning Manager Dick Bewersdorff presented the staff report. A copy of the staff
report is on file in the City Recorder's office. Mr. Bewersdorff reviewed Councilor
Patton's concerns with regard to the intent of Section 7.40.160 - Noise Limits.
He described how renumbering the section would clarify the intent. A written outline
of how the section is to be renumbered is on file with the staff report on file in the
City Recorder's office.
C. Public Testimony
Michael Trigoboff, 7072 SW Barbara Lane, Tigard, OR 97223, testified with
regard to issues that have occurred in his neighborhood relating to a neighbor
who has been uncooperative in resolving a noise issue. He was concerned about
the proposed ordinance's requirement to have three witnesses corroborate a noise
violation.
Council discussed Mr. Trigoboff's concerns and it was determined that the
ordinance could be amended to note that two witnesses would be sufficient to
cite a violation of the ordinance. One witness could be a citizen and one witness
could be an officer or City employees. (Section 7.40.200)
Michael Allen, 7023 SW Barbara Lane, Tigard, OR 97223, testified that he
lived in the same neighborhood as Mr. Trigoboff and cited the same problem with
the neighbor as described in Mr. Trigoboff's testimony. He reviewed some
instances of noise that have occurred in the past with the neighbor in question.
He said they live In a small cul-de-sac and it would be difficult to obtain three
witnesses to cite a violation of the noise ordinance.
COUNCIL MINUTES - September 25, 2001 page 6
d. Staff recommended that the ordinance be approved as submitted with amendments
to Section 7.40.160 as noted from the concerns expressed by Councilor Patton,
and to change the number of witnesses from three to two. It was determined that
the City Attorney and Community Development Staff would work on the revisions
to the ordinance while the Council reviewed the next agenda item.
e. Mayor Griffith closed the public hearing.
g. Council Consideration:
Motion by Councilor Scheckla, seconded by Councilor Dirksen, to adopt Ordinance
No. 01-13-A, with revisions as noted.
ORDINANCE NO. 01-13-A - AN ORDINANCE REPEALING SECTIONS
7.40.130 THROUGH 7.40.200 OF THE TIGARD MUNICIPAL CODE AND
ADDING NEW SECTIONS 7.40.130, 7.40.140, 7.40.150, 7.40.160,
7.40.170, 7.40.180, 7.40.190 AND 7.40.200 TO THE TIGARD MUNICIPAL
CODE
It was clarified that a police officer or city employee could be in place of one of the
witnesses from a household.
The motion was approved by a unanimous vote of the City Council present:
Mayor Griffith -
Yes
Councilor Dirksen -
Yes
Councilor Moore -
Yes
Councilor Patton -
Yes
Councilor Scheckla -
Yes
12. CONSIDER REVISING TIGARD MUNICIPAL CODE CHAPTER 2.09, BUILDING
APPEALS BOARD
Building Official Gary Lampella presented the staff report. Mr. Lampella proposed that
Chapter 2.09 of the Tigard Municipal Code be amended to reduce the number of Building
Appeals Board members from 14 to 7, making the board more functional and easier to
convene.
Motion by Councilor Moore, seconded by Councilor Scheckla, to adopt Ordinance No. 01-
12.
ORDINANCE NO. 01-12-A - AN ORDINANCE AMENDING CHAPTER 2.09 OF THE
TIGARD MUNICIPAL CODE CHANGING THE NUMBER OF MEMBERS FROM
FOURTEEN TO SEVEN.
The motion was approved by a unanimous vote of the City Council present:
COUNCIL MINUTES - September 25, 2001 page 7
I I&
Mayor Griffith -
Yes
Councilor Dirksen -
Yes
Councilor Moore -
Yes
Councilor Patton -
Yes
Councilor Scheckla -
Yes
A brief discussion followed after the adoption of the ordinance. Council directed that
the Building Official could begin to recruit members for the Building Appeals Board.
Mr. Lampella will inquire among those who have served before on the Board to
determine if they wish to continue to serve.
> ADMINISTRATIVE ITEMS
The City Manager reviewed the following:
League of Oregon Cities conference, November 9-11 in Eugene.
• September 30, 2001, memorandum from Dick Bewersdorff, Planning Manager,
regarding "Study of the Planned Development Ordinance" was distributed to the
City Council
® Information was distributed to the City Council concerning the Dick Shouten
memo regarding Metro Greenspaces.
Information was reviewed regarding a house moved September 23 out of the City
of Tigard. The house had been located temporarily on SW North Dakota Street.
13. COUNCIL LIAISON REPORTS: None.
14. NON AGENDA ITEMS: None.
15. EXECUTIVE SESSION: No Executive Session was called to order.
16. ADJOURNMENT: 9:33 p.m.
n,74- rLk
Catherine Wheatley, City Recorder
Attest:
?at iL ofrd
-
1 AAD M\CAT HY\CC M\010925. D OC
COUNCIL MINUTES - September 25, 2001
page 8
CITY OF TIGARD, OREGON
AFFIDAVIT OF POSTING
In the Matter of the Proposed
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, 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) 01- It-IT . 01-V47-y- :A U X
which were adopted at the Council Meeting dated
copy(s)
of said ordinance(s) being hereto attached and by reference made a part hereof, on the _
day of W 6AAM&~~~ , 2061
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
C.- 11 IA.
Subscribed and sworn to before me this I- day of Na Ve m & / , 200 L.
Notary Public for Oregon
My Commission Expires: /0 - !(Zeaj
OFFICIAL SElL
ORMAGAITM
NOTARY PUSUC 41
COMMISSION NO. 3V"
MY CCA+MMISUM EXPIRES OCT. M 2x03
CITY OF TIGARD, OREGON
ORDINANCE NO.01-) I - A-
AN ORDINANCE AMENDING CHAPTER 13.09, REIMBURSEMENT DISTRICTS, OF THE
TIGARD MUNICIPAL CODE.
WHEREAS, the City Council finds that Chapter 13.09 of the Tigard Municipal Code should be updated;
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Paragraph 13.09.030 (e) is amended to read as follows:
(e) The amount to be charged by the City for administration of the agreemenA district
by the City. The administration fee shall be fixed by the City Council and will be
included in the resolution approving and forming the reimbursement district. If the
applicant is other than the City, Tthe administration fee is due and payable to the City
at the time the agreement in Section 13.09.070(2) is signed. If the City is the
applicant the administration fee shall be included in the reimbursement fee and is due
and payable at the time there is an obligation to pay the reimbursement fee as
required by Section 13.09.110.
Subsection 13.09.040 (1) is amended to read as follows:
(1) The cost to be reimbursed to the applicant. if other than the City, shall be limited to
the cost of construction, engineering, and off-site right of way. If the applicant is the
Cily the costs to be reimbursed shall also include an administration cost and all costs
associated with the acquisition of easements and rights of way. Engineering shall
include surveying and inspection and shall not exceed 13.5% of eligible construction
cost. If the applicant is other than the City, the Ecosts to be reimbursed for right of way
shall be limited to the reasonable market value of land or easements purchased by
applicant from a third party to complete off-site improvements.
Subsection 13.09.070 (2) first sentence, is amended to read as follows:
(2) When the applicant is other than the City, the resolution shall instruct the City
AdfnirAstrete Manager to enter into an agreement with the applicant pertaining to the
reimbursement district improvements.
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--d- k
Page 1
PASSED: By jj '1mnUsvote of all Council members present after being read by number and
title only, this -`day of h~n~ , 2001.
(~t4~- nx 0
Catherine Wheatley, City Recorder
2001.
APPROVED: By Tigard City Council this _ day of
IA .9 J, f
J es th, yor
ORDINANCE No. 01--U" A-
Page 2
Date
LAd YMdeWcryavbbm 10 We 13.090.dw
Attachment 1
CITY OF TIGARD, OREGON
ORDINANCE NO.01-12 = A'
AN ORDINANCE AMENDING CHAPTER 2.09 OF THE TIGARD MUNICIPAL CODE CHANGING
THE NUMBER OF MEMEBERS FROM FOURTEEN TO SEVEN.
WHEREAS, THE PREVIOUS BUILDING APPEALS BOARD CONSISTED OF FOURTEEN (14)
MEMBERS; AND,
WHEREAS, THE NUMBER OF MEMBERS MADE IT A CUMBERSOME BOARD FOR MEETINGS;
AND,
WHEREAS, THE TERMS OF THE ORIGINAL BUILDING APPEALS BOARD MEMBERS HAVE
SINCE EXPIRED; AND,
WHEREAS, THE TIGARD CITY COUNCIL, AT ITS AUGUST 28, 2001 MEETING, DIRECTED
STAFF TO RETURN WITH AN ORDINANCE AMENDING THE TMC, REDUCING THE NUMBER
OF BUILIDING APPEALS BOARD MEMBERS FROM FOURTEEN TO SEVEN,
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: AMEND SECTIONS 2.09.020 and 2.09.030 AS SHOWN ON "EXHIBIT A."
SECTION : 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 rlel./l IMQZvote of aA1 Council members present after being read by number and title
only, thisc?5`-day of-&pZ~^. • . 2001.
Catherine Wheatley, City RecUler
APPROVED: By Tigard City Council this ~J day o , 2001.
6AI 94'~4
es E. Griffi, Mayo
as to form: Date
ORDINANCE No. 01- / i r A`
Page 1
TIGARD MUNICIPAL CODE
Strikeettts are deleted language and bold underline is
new language.
Chapter 2.09 BUILDING APPEALS BOARD
Sections:
2.09.010
Purpose.
2.09.020
Appointment--Membership.
2.09.030
Qualifications.
2.09.040
Board removal.
2.09.050
Vacancy.
2.09.060
Election of officers.
2.09.070
Meetings-Quorum--Voting.
2.09.080
Board member conflict of
interest.
2.09.090
Disclosure of prehearing
contact.
2.09.100
Powers and duties of board.
2.09.110
Rules and procedures.
2.09.010 Purpose.
The purpose of the Tigard building
appeals board is to hear and decide appeals of
orders, decisions or determinations made by the
building official relative to the application of Title
14, except Chapter 14.16, of the Tigard Municipal
Code. (Ord. 99-06)
2.09.020 Appointment-Membership.
The board shall consist of €^•~n seven
members who are not council members, officers
or employees of the city. The members of the
board shall be appointed by the mayor, subject to
confirmation by the council, for a term of four
years, and shall serve at the pleasure of the mayor
and council. The Building Official shall be an ex-
officio member and shall act as secretary to the
board but shall have no vote on any matter before
the board.
2.09.030 Qualifications.
The membership shall include:
A. one individual representing the
general public;
B. one individual representing the
Oregon Disabilities Commission;
C. the Fire Marshal or designee of
the Tualatin Valley Fire and Rescue District;
D. one licensed general contractor
actively engaged in the building business;
ene areltrzest, °'.,mot°r
state law;
E one professional engineer,
registered under state law and competent in
matters of structural engineering;
G. F. one building official in the active
employment of an Oregon municipality;
H-. G. one attorney actively engaged in
the practice of law in the State of Oregon; and
x up to _:-*-add- ;e-nal members
and mi g-.
2.09.040 Board removal.
A board member may be removed by the
appointing authority, after hearing, for misconduct
or nonperformance of duty.
2.09.050 Vacancy.
Any vacancy in the board shall be filled by
the appointing authority for the unexpired portion
of the term of the predecessor in the office.
2.09.060 Election of officers.
02-09-1 Code Update: 03199
TIGARD MUNICIPAL COME
The board, at its first meeting in each fiscal
year, shall elect a chairperson and vice-
chairperson, who shall serve at the pleasure of the
board. The chairperson and vice-chairperson shall
be voting members of the board. The vice-
chairperson shall preside in the absence of the
chairperson.
2.09.070 Meetings-Quorum-Voting.
determinations made by the Building Official
relative to the application of Title 14, except
Chapter 14.16, of the Tigard Municipal Code and
any other authority granted in statute, law, or rule.
The board shall have no authority relative to
interpretation of the administrative provisions of
Title 14 of the Tigard Municipal Code nor shall
the board be empowered to waive requirements of
Title 14 of the Tigard Municipal Code.
The board shall meet as necessary. Four
members constitute a quorum. All decisions of
the board shall be by a majority vote of those
members present and voting. Any item shall be
deemed not to pass when there is lack of majority
vote.
2.09.080 Board member conflict of
interest.
A member of the board shall not participate
in any board proceeding or action in which that
member has a personal or pecuniary interest. Any
actual or potential interest shall be disclosed at the
meeting of the board where the action is being
taken.
2.09.090 Disclosure of prehearing
contact.
A member of the board shall disclose to the
board, prior to any proceeding of the board, any
prehearing or ex parte contacts with the applicant,
or applicant's officers, agents, or employees. A
member of the board shall disqualify himself or
herself or be disqualified by the remaining
members of the board, when it appears that the
impartiality or objectivity of any member has
been compromised by prehearing or ex parte
contact.
2.09.100 Powers and duties of board.
A. The board shall have the authority to hear
and decide appeals of orders, decisions or
B. In granting any appeal, wherein the
requirements of Title 14 of the Tigard Municipal
Code are modified, the board shall first find that a
special individual reason makes compliance with
the strict letter of Title 14 of the Tigard Municipal
Code impractical and that the modification is in
conformance with the intent and purpose of Title
14 of the Tigard Municipal Code and that such
modification does not lessen any fire-protection
requirements or any degree of structural integrity.
C. In granting any appeal wherein an
alternate material or method of construction not
specifically prescribed by Title 14 of the Tigard
Municipal Code is approved, the board shall first
find that the proposed design, material, method, or
work offered is, for the purpose intended, at least
the equivalent of that prescribed by Title 14 of the
Tigard Municipal Code in suitability, strength,
effectiveness, fire resistance, durability, safety and
sanitation. The board shall require that sufficient
evidence or proof be submitted to substantiate any
claims that may be made regarding such
alternates.
D. The details of any board action, with
accompanying findings, shall be entered into the
record for the property in question. (Ord. 99-06)
2.09.110 Rules and procedures.
The board shall establish such rules and
regulations for its governance and procedure
consistent with the laws of the state and the
ordinances of the city.®
02-09-2 Code Update: 03199
CITY OF TIGARD, OREGON
ORDINANCE NO.OI- a A-
AN ORDINANCE REPEALING SECTIONS 7.40.130 THROUGH 7.40.200 OF THE
TIGARD MUNICIPAL CODE AND ADDING NEW SECTIONS 7.40.130, 7.40.140, 7.40.150,
7.40.160, 7.40.170, 7.40.180, 7.40.190 AND 7.40.200 TO THE TIGARD MUNICIPAL CODE.
WHEREAS, the Tigard Noise Ordinance, TMC Chapter 7.40, Article IV, has become difficult
to administer for various reasons including changes in state regulation;
WHEREAS, the City's experience in attempting to enforce the Noise Ordinance has demonstrated
that a more flexible system of ensuring that the citizens of the City of Tigard are not subjected to
unnecessarily loud noise is needed;
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. The Tigard Municipal Code Sections 7.40.130, through 7.40.200 are repealed.
SECTION 2. The Tigard Municipal Code Chapter 7.40, Article IV, is amended by adding the
following sections:
SECTION 3. This ordinance shall be effective 30 days after its passage by the Council,
signature by the Mayor, and posting by the City Recorder.
7.40.130 Prohibition on Excessive Noises.
No person shall make, assist in making, permit, continue, or permit the continuance of, any
noise within the City of Tigard in violation of this article. No person shall cause or permit
any noise to emanate from property under that person's control in violation of this article.
7.40.140 Sound Measurement.
A. While sound measurements are not required for the enforcement of this article, should
measurements be made, they shall be made with a sound level meter. The sound
level meter:
1. Shall be an instrument in good operating condition, meeting the requirements
of a Type I or Type II meter;
2. Shall contain at least an A-weighted scale, and both fast and slow meter
response capability.
ORDINANCE No. O 1-l-3 - A-
Page 1
B. If measurements are made, the person making those measurements shall have
completed training in the use of the sound level meter, and shall use measurement
procedures consistent with that training.
7.40.150 Definitions.
As used in this Article:
A. "Noise-sensitive unit" shall include any building or portion of a building containing
a residence, place of overnight accommodation, church, day care center, hospital,
school, or nursing care center. For the purpose of this definition, "residence" and
"overnight accommodation" does not include living/sleeping quarters of a caretaker
or watchperson on industrial or commercial property provided by the owner or
operator of the industrial or commercial facility.
B. "Plainly audible" means any sound for which the information content of that sound
is unambiguously communicated to the listener, such as, but not limited to,
understandable spoken speech, comprehensible musical rhythms or vocal sounds.
C. "Unnecessarily loud" means any sound that interferes with normal spoken
communication or that disturbs sleep.
D. "City Manager" means the City Manager or designee.
7.40.160 Noise Limits
It is unlawful for any person to produce, or permit to be produced, sound which:
A. When measured at the boundary of or within a property on which a noise sensitive
unit, not the source of the sound, is located, exceeds:
Forty dB at any time between nine p.m. and seven a.m. the following day; or
2. Fifty dB at any time between seven a.m. and nine p.m. the same day; or
B. Is plainly audible at any time between nine p.m. and seven a.m. the following day
within a noise-sensitive unit which is not the source of sound; or
C. Is unnecessarily loud within a noise-sensitive unit which is not the source of the
sound.
D. When measured at or within the boundary of or within a property on which no noise
sensitive unit is located, and the noise originates from outside th,; property, if the
noise level exceeds:
ORDINANCE No. O 1- Lz - A--
Page 2
1. Sixty dB at any time between nine p.m. and seven a.m. of the following day,
or
2. Seventy-five dB at any other time.
E. If within a park, street or other public place, is unnecessarily loud at a distance of 100
feet.
7.40.170 Prohibited Noises
A. The use of exhaust brakes (fake brakcs), except in an emergency, is prohibited at all
times within the City, regardless of noise level.
B. Except as provided in Section 7.40.180, the following acts are violations of this
chapter if they exceed the noise limits specified in Section 7.40.160:
1. The sounding of any horn or signal device or any other device on any
automobile, motorcycle, truck, bus or other vehicle while in motion, except
as a danger signal.
2. The operation of sound-producing devices such as, but not limited to, musical
instruments, loudspeakers, amplifying devices, public address systems,
radios, tape recorders and/or tape players, compact disc players, phonographs,
television sets and stereo systems, including those installed in or on vehicles.
3. The operation of any gong or siren upon any vehicle, other than police, fire
or other emergency vehicle, except during sanctioned parades.
4. The use of any automobile, motorcycle or other vehicle so out of repair or in
such a manner as to create loud or unnecessary sounds, grating, grinding,
rattling or other noise.
5. The keeping of any animal or bird that creates noise in excess of the levels
specified in Section 7.40.160.
6. The operation of air conditioning or heating units, heat pumps, refrigeration
units, (including those mounted on vehicles) and swimming pool or hot tub
pumps.
7. The erection (including excavation), demolition, alteration or repair of any
building, except as allowed under Sections 7.40.180E and F.
8. The use or creation of amplified sound in any outdoor facility.
ORDINANCE No. 01-!,3 _A-
Page 3
9. Any other action that creates or allows sound in excess of the level allowed
by Section 7.40.160.
7.40.180 Exceptions
The following shall not be considered violations of this article, even if the sound limit
specified in Section 7.40.160 is exceeded:
A. Non-amplified sounds created by organized athletic or other group activities, when
such activities are conducted on property generally used for such purposes, such as
stadiums, parks, schools, and athletic fields, during normal hours for such events.
B. Sounds caused by emergency work, or by the ordinary and accepted use of
emergency equipment, vehicles and apparatus, regardless of whether such work is
performed by a public or private agency, or upon public or private property.
C. Sounds caused by bona fide use of emergency warning devices and alarm systems.
D. Sounds regulated by federal law, including, but not limited to, sounds caused by
railroads or aircraft.
E. Sounds caused by demolition activities when performed under a permit issued by
appropriate governmental authorities and only between the hours of seven a.m. and
nine p.m. Monday through Friday and eight a.m. and nine p.m. on Saturday and
Sunday.
F. Sounds caused by industrial, agricultural or construction activities during the hours
of seven a.m. to nine p.m. Monday through Friday, and eight a.m. to nine p.m. on
Saturday and Sunday.
G. Sounds caused by regular vehicular traffic upon premises open to the public in
compliance with state law. Regular vehicle traffic does not include a single vehicle
that creates noise in excess of the standard set forth in Section 7.40.160.
H. Sounds caused by air-, electrical- or gas- driven domestic tools, including, but not
limited to, lawn mowers, lawn edgers, radial arm, circular and table saws, drills, and
or other similar lawn or construction tools, but not including tools used for vehicle
repair, during the hours of seven am. to nine p.m., Monday through Friday and eight
a.m. to nine p.m. on Saturday and Sunday.
I. Sounds caused by chainsaws, when used for pruning, trimming or cutting of live trees
between the hours of seven a.m. and nine p.m. Monday through Friday and eight am.
and nine p.m. on Saturday and Sunday, and not exceeding two hours in any
twenty-four-hour period.
ORDINANCE No. 01-{3 -A-
Page 4
J. Sounds created by community events, such as parades, public fireworks displays,
street fairs, and festivals that the City Manager or designee has determined in writing
to be community events for purposes of this section. The City Manager's decision
shall be based on the anticipated number of participants or spectators, the location of
the event and other factors the City Manager determines to be appropriate under the
circumstances.
K. Sounds made by legal fireworks on the third of July, Fourth of July, and the Friday
and Saturday during the weekend closest to the Fourth of July of each year, between
the hours of seven a.m. and eleven p.m.
L. Sounds made between midnight and 12:30 a.m. on January 1 of each year.
M. Sound originating from construction projects for public facilities within rights of way
pursuant to a noise mitigation plan approved by the City Manager. The noise
mitigation plan must:
1. Map the project noise impacts and explain how the impacts will be mitigated;
2. Provide special consideration and mitigation efforts for noise sensitive units;
Outline public notification plans;
4. Provide a 24-hour telephone contact number for information and complaints
about the project.
The City Manager may approve a noise mitigation plan only if the City Manager
determines that the noise mitigation plan will prevent unreasonable noise impacts.
7.40.190 Maximum Limit for Certain Activities
Notwithstanding Section 7.40.180, the creation of noise by any activity subject to the
exceptions listed in Sections 7.40.180E, F, H. or I, in excess of 85 dB measured on property
on which a noise sensitive use is located, for more than 5 minutes in any calendar day shall
be a violation.
7.40.200 Evidence
In any civil infraction action based on a violation of the limits set forth in Sections
7.40.160 B; 7.40.160. C or 7.40.160 E, the evidence of at least two persons from different
households, shall be required to establish a violation. Any police or code enforcement
officer or other City employee who witnessed the violation shall be counted as a witness for
purposes of the two witness requirement. The City may ask an alleged violator to enter in
to a voluntary compliance agreement based on a single complaint or single witness.
ORDINANCE No. 0145 - Ar
Page 5
PASSED: By U rM1r1lWS vote of all Council members present after being read by
number and title only, this & day of 2001.
Catherip; Wheatley, City ecorder
APPROVED: By Tigard City Council thisay of '1&dg2n~ , 2001.
L\curpln\dick\council items\Noise Ordinance 9-25-01.doc
6-Sep-O1
es E. G 719
ORDINANCE No. 01 13 -A-
Page 6
Agenda Item No. 2
Meeting of 9 - 2 -'T-- 0/
P111111h Ift N
CKOCLANATION
City of Tigard's
40th Anniversary Celebration
WHEREAS, September 11, 2001, marks the 401h anniversary of the incorporation of
the City of Tigard, Oregon; and
WHEREAS, the City of Tigard has grown since 1961 from a population of 1,084
residing in a total land area of 1.2 square miles to a population in 2001 of 42,660
within 11.4 square miles; and
WHEREAS, 'Rgard has become a more diverse community whose residents, government
professionals, business people and community group leaders are committed to working
together to promote and protect Tigard's unique identity and quality of life; and
WHEREAS, it is fitting and proper to accord official recognition of this memorable
anniversary and to the public celebrations commemorating this occasion;
NOW THEREFORE BE IT RESOLVED THAT i, James E. Griffith, Mayor of Tigard,
on behalf of the entire City Council, do hereby proclaim:
Tuesday, September 11, 2001 as
City of ?"igard''s 40th Afil OVerSary
and urge all citizens of Tigard to join in the celebration.
Dated this day of
2001.
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
Attest:
City Recorder
RON WYDEN
OREGON
516 Hart Senate Building
Washington, DC
20510-3703
(202) 224-5244
web site:
httpJ/v W den.senste.gov/
Committees:
Budget
Commerce, Science
&Transportation
Energy & Natural Resources
Environment & Public Works
Special Committee on Aging
Oregon State Offtoos:
700 NE Multnomah St
Suite 450
Portland, OR 97232
(503) 326-7525
151 West 7th Ave
Suite 435
Eugene, OR 97401
(541) 431-0229
Sac Annex Building
105 Fir St
Suite 201
La Grande, OR 97850
(541) 962-7691
U.S. Courthouse
310 West 6th St
Room 118
Medford, OR 97501
(541) 858-0122
The Jamison Building
131 NW Hawthorne Ave
Suite 107
Send, OR 97701
J541)330-9142
707 13th St, SE
Suite 285
Salem, OR 97301
(503) 589-4555
lanited Mates senate
WASHINGTON, DC 20510-3703
September 6, 2001
Mr. Jim Griffith
Mayor, City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Dear Mayor Griffith:
I am writing to give you a heartfelt congratulations as you celebrate 40 years of
incorporation as the City of Tigard. Having come full-circle from a natural
resource-based economy to a thriving service oriented community, you and the
citizens of Tigard have a rich history to celebrate and a bright future to look forward
to.
As you know, the story of Tigard's drive to establish its own identity is an
interesting one to say the least. Incorporation was no easy task then as public debate
swirled around whether Tigard should become its own, unique entity. In the end,
folks wanting to form their own city won out and I think it's safe to say the citizens
of Tigard are happy that they did.
Looking forward, there are some important issues on the city's agenda to be
addressed in order to continue to build on the foundation those early civic leaders so
passionately fought to create. Increasing the identity of the downtown, finding
solutions to the challenges of growth, continuing to provide effective services and,
something you know I have and will continue to fight to implement, a Washington
County Commuter Rail line which will serve Tigard as well as several of your
neighboring cities.
In advancing these and other civic-minded initiatives, I am hopeful that Tigard will
build for itself the city it wants to become and I wish you another 40 years of
continued success. Congratulations!
Sincerely
RON WYDEN
United States Senator
PRINTED ON RECYCLED PAPER
RYAN DECKERT
State Senator
' District 4
Washington County
September 11, 2001
Dear Citizens of Tigard and Members of the City Council,
I would like to extend my congratulations to Tigard on her 40`x' birthday. This is an important
time in the history of Tigard and I must apologize for not being able to attend in person. Though
I am not here to share in the celebration, I would like to share with you my feelings on Tigard.
I began my term as State Senator, representing Tigard, last January. During these past 8 months
I had the privilege of not only representing you at. the Oregon Legislature, but of becoming pert
of the community and meeting many of the citizens of Tigard.
Just last month I had the honor of walking in the Tigard Blast Parade. Seeing so many familiar
faces lining the streets truly made me realize how this city has welcomed me. It has been a great
experience to grow with Tigard and to interact with so many outstanding citizens of Tigard.
It is with sadness that I recently learned of the Secretary of State's redistricting plan that may
take me out of Tigard and has me solely representing Beaverton. I am disappointed that I might
not have the chance to represent Tigard and to continue to learn and grow with this city. While it
is possible that I will no longer be your State Senator, I look forward to continuing my
relationship with the city and with you, the citizens. Please do not hesitate to contact me if ever I
can be of assistance to you in the future.
So, it is with pride that I say happy birthday Tigard and may your future continue to be as bright
and promising as your past.
Sincerely,
Senator Ryan Deckert
RD jm RECEIVED CAT
SEP 112001,
Administration
Office Address: 900 Court St NE, S-314, Salem, OR 97301 - Fhone: (503) 9a6-1704 - E-mail: de&ert.sen@state.ocus
District Address: P.O. Box 2247, Beaverton, OR 97075
(M) 4a2ap
09/25/01 TUE 08:43 PAZ 503 320 5088 REP DAVID WU PD3
Dear Mayor Griffith, City Councilors, and citizens of Tigard:
Thank you for. giving me the opportunity to wish Tigard a happy 4e birthday. I regret
that I cannot be there in person.
First and foremost, l would like to express how proud I am to be an American, M
Oregonian, and a Representative of Tigard. In the face of great tragedy you have all
have-eil shown your commitment to moving on with the business of America by
attending tonight.
Forty years in the life of Tigard - what a time of change and progress. I am sure that Mr.
Charles F. Tigard could never have imagined the bustling community that Tigard has
become. Just looldng at population growth alone one can see that Tigard's initial 1,084
residents in 1961 grew to 42,000 in just 19 years.
Such rapid growth brought prosperity and diversity to Tigard but it has also caused
serious strains on the city's infrastructure.
I will continue to work with Federal, State, and local officials to help ease traffic
congestion in the area. I believe that we must continue to pursue long-term solutions like
the Commuter Rail from Wilsonville to Beaverton, along with short-term road projects to
ease congestion on the roads.
The leadership of the City Council and Washington County officials has encouraged me
and I thank you for all your hard work. You are all to be congratulated o go d~
Tigard into the 21"t century. Good wishes for the continuing prosperity Y
community.
With warm regards,
David Wu
Member of Congress
Q002
u0-/11/UL 08:09 VAX SUJ 32* 2900 SEN SM1'PN PDX IA002
GORDON H. SMITH
OREGON
United v%tatema ~6ennte
WASHINGTON, DC 20510-3704
September 11, 2001
The Honorable Jim Griffith
Mayor of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Dear Mayor Griffith and Citizens of Tigard:
QOPaCTTEEs
SUOOET
COMMERCE
BAY MID NATUM HESCXJFMS
/SON r&LATIONS
Please accept my sincere congratulations on the City of Tigard's 4e anniversary.
Through the hard work of citizens and city leaders, you have built a community of which Oregon
can be proud.
On this day of tragedy, your gathering celebrates all that is good in the American people,
and the dreams that are realized through the American spirit. I ask you today to keep our
President and the victims of today's events continually in your thoughts and prayers.
The City of Tigard has built a reputation of providing quality community service for its
residents. I am confident that your achievements will continue for the next 40 years and wish
you every success as you look to the future.
Warm regards,
Gordon H. Smith
United States Senator
WWW.Q9R,IIt X0n2le.9W
amgw Q gsn*1t9emte.gav
PNNTM ON VdBCVM 3D FAFM
- a
JOHN A. KITZHABER, M.D.
GOVERNOR
August 21, 2001
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
Greetings:
As Governor of Oregon, I am pleased to congratulate the City of Tigard on its 401s birthday and
to acknowledge the many individuals, organizations and volunteers whose efforts have made this
celebration possible.
Tigard has been a part of the heritage and living history of our state. With its scenic beauty and
diverse cultures, Tigard continues to play a positive role in Oregon's future. It is through the
preservation of our historic heritage and conscientious stewardship of its resources that the City
of Tigard will continue to succeed.
Best wishes for a successful celebration.
Sincerely,
*17
John A. Kitzhaber, M.D.
JAK/GS/CR0:0h 8a I101
03) 378-4863 TTY (503) 378-4859
STATE CAPITOL, SALEM 97301-4047 (S03) 378-31 1 1TE.OFAX R.Ug
CITY of BEA ER TON
4755 S.W. Griffith Drive, P.O. Box 4755, Beaverton, OR 97076 TEL: 526.2481V/TDD Fax 526•ZS71
ROB DRAKE
MAYOR
September 5, 2001
RECEIVED C.O.T.
SEP 0 6 2001
Administration
The Honorable Jim Griffith
City of Tigard
13125 SW Hal! Boulevard
Tigard, Oregon 97223
Dear Mayor Griffith:
Happy 40th Birthday to the City of Tigard and congratulations on forty successful
years as a City!
The City of Beaverton is proud to have Tigard as a neighbor. We are very
pleased with the partnerships we have established with your city over the years.
It is important for us to continue to work together on problems or issues that arise
which may not fit within one city's boundary lines. We have demonstrated this
team approach many times over and we look forward to continuing a strong
affiliation with Tigard.
Wishing you all the best on your 4& year as a City and hoping you many more
successful years. Happy Birthday from our City to yours!
Sincerely,
Rob Drake
Mayor
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My Dearest Mother,
It is with the greatest pleasure that I embrace the opportunity to write to you. There is so
much to tell you I hardly know where to begin. Well, I know you worry about Harold &
I way out here, but we are both well and very happy in Tigardville. Our neighbors are
helpful and caring. We feel blessed to be a part of such a warm growing community.
There are only about 200 or so people in town - Harold already thinks it is becoming to
crowded. Just last week he had to wait at Red Rock dairy behind 4 other wagons for half
an hour -then Mr. Tigard said he was going to sell off more acreage for $400 an acre
which will certainly bring in more farmers. Already land prices have jumped since we
arrived.
Harold has cleared most of he the land - what an exhausting and dangerous process. He
and some of the farmers on Bend Road traded potatoes to the store over in Sherwood for
blasting powder so they could remove the stumps-what noise and mess! ! And wouldn't
you know Harold always wanted to blast when I had hung out the laundry - why I even
had a stump land in the chicken coop - the poor hens refused to lay eggs for 3 days.
Well the last room has finally been added to the cabin. Harold has gone thru 3 shovels
just to scale the bark from the logs. This is truly the only time I have ever heard Harold
use cuss words, but he quickly apologized to me and the good Lord - but said if I wanted
any more room s added, they would not be made of logs. I have been doing all the
chinking between the logs with cement. Sometimes the mixture is as thick as molasses
and other times runny. Hopefully it will dry and set before the first rains. The cabin now
boasts 4 rooms and large front porch. Harold traded baskets of walnuts from our trees to
John Scheckla (he is the farmer who owns the wood yard). In return we received enough
wood to finish off the floors. It is finally starting to feel like home.
Our garden is thriving, especially the potatoes and beans. The soil is so rich and fertile
that everything grows,even the weeds. The hillside is covered with blackberry bushes
that are so sweet and juicy -I can't wait to make preserves. Next week Rosa Tigard and
some of the ladies from St Mary Magdalene's Church are coming over to help with the
canning.
Well, I better close for now. Harold has just returned from the John Gaarde's farm. It
seems that by 1901 Tigardville will have a co-op telephone company. Can you
imagine??? Who will use such a thing? As if anyone would have the time to sit and talk
all day. O well, the Gaarde's call it progress. Poor Harold feels that next we will be
paving the roads - not sure why the horses need paved roads. Anyway, for now we are
going to just enjoy this beautiful land. I sure wish you could see the sunsets from Bull
Mtn.
I miss you and father and can't wait for your visit. After being here you won't want to go
back to Missouri.
Your Loving daughter,]
Kathryn
PS Please be sure to pack my books. Maybe some day we will have a library here. There
is a beautiful
spot next to Fanno Creek that would be great.
2eao~ Qf m - 6a Ql
Feb. 1962
Dear Fred,
Are you and Janey getting settled in your new house? Maybe you can take the
train or the bus down sometime this summer. You'd be surprised at all the changes
around here.
I saw an article in the Tigard Times last week that said that the average house
price here is about $12,500 now. Maybe the price is so high because so many people
are moving into this area. I was talking to Deb Fennell at the Texas CafLs yesterday, and
he was telling me that the census they just finished in December counted 1,749 residents
here now.
By the way, that's 1,749 residents of the new City of Tigard. Yes, we're a real city
now. Last March they put it up to a vote. 479 people voted and it carried by 19 votes
so now we live in a real city. Elton Phillips was elected Mayor in November and
Edward Woodard, Jim Aitken, Arlis Reid and Karl Hanneman got elected to the City
Council.
If we didn't incorporate, there was a possibility that Portland would annex this
area and alot of us didn't want that. The Tigard Businessmen s Association was a
strong advocate of incorporating the City. They said if we can get some new industry in
here, that will help keep our taxes down in the future. Coe Manufacturing is building a
plant so that's a good start. Hometown Hardware is busy - they must be doing well.
We're hoping Tigard will have its own police force pretty soon. A few months
ago someone took 3 business machines and 5 typewriters including 1 electric one from
the high school, and I've heard of some other thefts in the area so I guess it's time we
had our own police.
Well, that's enough talk about politics. The high school football team didri t do
as well this year as they did in '60 but we went to all the games anyway. You remember
the kid across the street who had polio in the spring of 1959? 1 saw him not long ago in
Mote's Pharmacy and he looks like he's doing fine. That sure was a scare.
Thomas Jr, is in second grade this year. That big fire at C.F. Tigard elementary
last June destroyed the gym and eight classrooms so Thomas rides the bus to the new
Templeton Elementary up on 97th Ave. I guess he'll go back to C.F. Tigard once they
get the new gym and classrooms finished. They called out men and equipment from
Tigard, Tualatin and Beaverton to fight that fire.
I ran into John Cook at the Tigard Pharmacy the other day. He asked about you
and said to tell you, "hello".
I'd better sign off now. I'm glad you liked the walnuts that we sent up at
Christmas. Give the baby a hug for us and we'll hope to see you this summer.
Love,
Your brother
balad are r ~Q
Dec. 30,1941
Dear Mom and Dad
Seems kind of strange to be writing you a letter since I just got on the train yesterday.
Hard to believe that I'll be an Army man as soon as I get sworn in at (LOCATION). The
idea of basic training doesn t scare me, mom, and neither does this war they're saying
we are going into. It has to be done and if I can help, I will. Seems like so many of us
are going, Richard, and George and Charles, and all the rest of them - I wonder if the
town's going to look different.
I know I'm going to miss Tigard. Things are changing so much I wander what the
place will be like when I get back. At least I can tell my Army friends that I come from
a place where the streets are paved. They'll probably think it's a big town but I won t
tell them that they just paved Main Street two years ago and there's (NUMBER) people
there. I hope it doesn t get too crowded while I'm away.
Who'll help out at the Red Rock Dairy? People drive by so fast now that Highway 99 is
paved if it weren't for that big of red rock out in front they'd drive right by that
dairy. Who had the idea of painting that big of rock bright red, anyway? Do you think
John can help out at the Lone Oak Service station? By the time I get back maybe there'll
be more than one service station in town - maybe even more than one grocery store.
Oh, I stopped by Girod's grocery yesterday and picked up some jerky to eat on the train
so you'll see the charge for that on the bill you get at the end of the month. Thanks for
sending along the grape juice, mom. Seems like it tastes better since I helped the
Froude's harvest all 2 ton of "em! Wish I had some of those crawdads out of the river,
too.
Getting Bull Mountain Road paved this summer sure made it easier getting all those
loads of grapes down to Highway 99. Write and let me know if that swampy area
below Bull Mt. Road is worse this winter.
Don't worry about me. You know after Richard and I read that article about Pearl
Harbor in the Oregonian we just had to sign up. I'll write again after we get settled in.
Love,
4AJ-
Good afternoon. I am Patricia Anderson Keerins, born in
Tigard, by the windmill at 121st and Katherine. Our home
is &b&ited on that property,, along what used to be called
Christensen Road, now 121st.
My mother, Ruth Anderson, was a granddaughter of George a
Golding Frewing and his wife Mary. This is my family's story.
in 1879, George and Mary Frewing (who had earlier emigrated
from England with their baby daughter Ada Mary, my great-
grandmother), came by hired wagon from Portland to Tigard.
My grandmother Ada, who was twelve at the time, said they
came over the hill by Riverview Cemetery, and down into the
Tigard valley, with their children Bert and Elizabeth, to thw
property fckny Grandpa Frewing had previously purchased from
the Richardson family. The purchase consisted of 115 acres
in the area where the present Frewing Street leads off SW
Pacific highway, along an all-year free-flowing creek. Ada
told me there were about 13 families in Tigard at the time.
My great-grandfather was a carpenter and plasterer by trade,
as had been his family in England. He built a small cabin
where orchard Park apartments now are on Frewing Street. To s
support the growing family, he worked in Portland all week,
living in an inexpensive boarding house and returning
Saturday night, walking over Riverview Cemeterrhill from the
horsecar tracks and down to Tigard. Sunday, after church,
George work work on his home, taking the long walk up the hill
and down to the horsecars to return to work.
After two or three years, he was able to build-up carpenter
jobs, and helping to other families to plant orchards, which
was his real love. Many of "grandpa's" trees are still
producing fruit in Tigard. He and his boys harvested big
cedar trees along the creek (now-behind tt~ hodist Church)
and split cedar shakes, which they sold. They had a garden, a
cow and chickens. In those days, you ma*y bought flour, aazij
sugar and tea--you grew nearly everything else. The boys
hunted and fished to supplement the family table, and "the
Frewing boys" were noted in early Tigard for catching wonderfu:
big fish in the creek which flows through downtown Tigard.
One year, skunks got into their root cellar, ruining all the
potatoes, carrots, squash and other vegetables stored there
for winter use. Grandma Ada told me neighbors helped them
out, or they could not have made it through the winter. This
was what neighbors didt
When their daughter Mabel was 16, she died of tuberculosis,
which they called "lung fever", and was buried in Crescent
Grove Cemetery, the pioneer cemetery on Greenberg Road
behind Washington Square. There was an earlier Tigard
Cemetery (still existing) on Little Bull Mountain behind
the Tigard Water District property.
In later years, Mabel's father, mother, and many other
family members have joined her at Crescent Grove Cemetery.
Some folks think, "Oh, a cemetery, who wants to walk there?"
Howeber, a cemetery is always a part of a pioneer community,
and will present a picture of the area through the years.
You may be interested to know that Crescent Grove Cemetery
will celebrate its' 150th year in 2002. I am privileged to
serve on the Berard of Directors for Crescent Grove. We
would invite you a to come and walk through. You may wish
to bring along a copy of the book "Tigardville-Tigard"
available at the Tigard Chamber of Commerce for purchase,
and more fully understand the story of "the old ones"
A collective vision made Tigard an entity 40 years ago, and
partnerships continue to this day to make Tigard the leading
community that it is! TVF&R Tigard-Tualatin School
District, Washington County 911, City of Tigard & Tigard
Water District, USA (now Clear Water), the Washington
County co-operative library system and an idea called
Metro Tigard has been and shall remain a very major
participant in each of these and other successful entities!
Tigard is a "Great Community" to live in. I've been
fortunate to have lived here for 31 years, married a local
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girl, pat Carson, and together we raised our daughter
(Anna) & son (Henry) here. Just one more great partnership
with it's successes rooted here in Tigard.
Thank you for this opportunity to share a few thoughts on
this special occasion.
r•
I am here as an elected representative of Tualatin Valley
Fire & Rescue Your fire department! TVF&iR is a world
class fire department and an innovative leader in enabling
you, your families and friends to live and work safer.
This didn't happen overnight, it took time, it took people
with vision, people not afraid of risk. People like John
Voorhees, Fred Hage, Joe Chamberlain, Harvey Knause
and Ivan Jack. These are the names of some of those who
served this community with a purpose to make it better.
Just as they did for their city, they also were integral in
setting the early policies and direction for your fire dept.
Their vision became a monumental success! Your fire
department is now recognized at national and international
levels as a leader in the fire service!
Carl H. Johnson
8965 SW Burnham Street
Tigard, OR 97223
September 24, 2001
Mayor James Griffith
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
RE: Tigard's 40th Year
Dear Mayor Griffith,
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Tigard is to be congratulated on the progress it has made over the last forty years. I have
seen it start from a small group of businesses when we came here in 1947 to where it is
today. There was Mote's Pharmacy, Girod's Grocery, and Tigard physicians, Drs.
Bisset, Thompson, McGuire and others, all very good family doctors - they even made
house calls. The feed store along the railroad track lasted the longest. Remember the
sign in a hayfield in the northwest corner of Scholls Perry and Hall Boulevard (then
known as Highway 217)? It read "WATCH PROGRESS PROGRESS". Well it did!
That area is now the home of a regional shopping center which overtook the Lloyd
Center.
Those days are gone but the guiding spirit of former civic leaders lives on in you, their
successors. Again congratulations in carrying out the wishes of the people of Tigard.
I would have preferred to have been in the audience on the night of the commemoration
but am scheduled for an appointment in Seattle on the 25h.
Very truly yours,
ohnl--i
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JCIV 1 UY : L1 I Y Uh UNIVEH81 I Y rLACE;
DATE:
TO:
253 460 2546; SEP-7-01 8:22AM; PAGE 1/2
F P COVER SHEET
PAX number: -201 tl Z92
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PROM: E2 A :JPaAen,
PHONE No. (263) 460- .2601 or 566-5666
REMARKS:
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( ) Please reply ASAP ( ) Please comment
MESSAGE:
NOTE: Information In this FAX message Is privileged and confidential, It Is intended only for the use of the
recipient named above (or employee or agent responalble to deliver It to the Intended recipient). If you received
this In error, you are hereby notified that any dissemination, distribution or copying of this communication Is
strictly prohibited. If you have received this message In error, please notify us by telephone immediately and
return the original message to uu at the above address via US Postal Services. We will, of course, be happy to
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StNi bY: CITY Ur UNIVERSITY PLACE; 253 460 2546; SEP-7-Oi 8:22AM; PAGE 2/2
6
1VE
.4715 t3ridgcpnrt Way West Phone: (253).566 .5656 • Fax: (253) 566-5658
M„ University Plaer., VVA 98466-1816 c•ily hall Olci.univr.rcity-pluce.H-u. its
September 5, 2001
Mr. Bill Monahan
City Manager, City of Tigard
13125 S.W. Hall Blvd.
Tigard, OR 97223-5144
SUBJECT: HAPPY BIRTHDAY TTGARD!
Dear Bill:
Please express my best wishes to the citizens, Mayor and City Council of Tigard on the
City's 40 Birthday! It seems like just yesterday that we celebrated the City's 20`h at the
kfi Hat.
Tigard represents some of the toughest and proudest moments in my local government
service. Anne and z loved our years when Tigard was home, and'Cigard will always be in
our hearts.
Yours truly,
16
Robert W. Jean
City Manager
AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : September 25, 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.
Meeting of q - 2 5- D1
PROCLAMATION
World Population Awareness Week
WHEREAS, world population stands today at more than 6.1 billion and increases by
some one billion every 13 years;
WHEREAS, the most significant features of the 201h century phenomenon of
unprecedented world population growth was rapid urbanization;
WHERISAS, cities and urban areas today occupy only 2% of the earth's land, but
contain 50% of its population and consume 75% of its resources;
WHEREAS, along with advantages and amenities, the rapid growth of cities leads to
substantial pressure on their infrastructure, manires:ed in sanitary, health and crime
problems, as well as in deterring the provisions of basic social services;
WHEREAS, World Population Awareness Week was proclaimed last year by Mayors of
315 United States cities, as well as Governors of 32 states, and was co-sponsored by
231 organizations on 63 countries;
WHEREAS, in 2001 the theme for World Population Awareness Week is "Population
and the Urban Future','
NOW THEREFORE BE IT RESOLVED THAT I, James E. Griffith, Mayor of Tigard,
on behalf of the entire City Council, do hereby proclaim:
October 21 - 27, 2001 as
World Population Awareness Week
in the City of Tigard, Oregon
and urge all citizens of our city to take cognizance of this event and to participate
appropriately in Its observance.
Dated this day of 2001.
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
Attest:
City Recorder
AGENDA ITEM # 4-,2-
FOR AGENDA OF September 25. 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Dedication of Reserve Strips as Public Ri: ghts-of-Wgy
in 14
06 CITY MGR OK
PREPARED BY: John Hadley DEPT HEAD OK
ISSUE BEFORE THE COUNCIL
Should City Council approve the dedication of existing reserve strips as public rights-of-way?
STAFF RECOMMENDATION
Staff recommends, by motion, approval of the attached resolution authorizing the dedications.
INFORMATION SUMMARY
The Community Development Code requires the dedication of reserve strips at the ends of streets that are to be
extended later. When the streets are extended, it is necessary to dedicate the reserve strips as public rights-of-way.
Plats have been approved by the City and filed with Washington County extending the streets, but the reserve strips
were not dedicated as rights-of-way. These reserve strips need to be dedicated as public rights-of-way for the
rights-of -way to be continuous.
The attached resolution authorizes the City Manager to dedicate the reserve strips as public rights-of-way so that
the street extensions can be completed.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION C;OMMI l 1 lin a i 151 ' 1 nv 1
N/A
ATTACHMENT LIST
Resolution authorizing the City Manager to dedicate the reserve strips as public rights-of-way.
Dedication Deed with attached Exhibits 1 through 5.
FISCAL NOTES
No cost to the City.
I:\Citywide\Sum\Agenda Summary for Dedication of Reserve Strips.doc
AGENDA ITEM # 7-
FOR AGENDA OF 9-25-01
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE
PREPARED BY: Loreen Mill.` ~ EPT HEAD OK ITY MGR OK _Ld2
ISSUE BEFORE THE COUNCIL
Confirm Council policies for solid waste rate actions.
STAFF RECOMMENDATION
Approved resolution to confirm Council's policies for solid waste rate actions.
INFORMATION SUMMARY
City Council has their solid waste rate policies set through resolution, the first of which was approved in 1996. At
the 9/21/01 Council workshop, staff and haulers requested clarification of Council's policies in light of the current
rate review process and changes in the solid waste industry. The attached resolution synopsizes Council direction
from the 21 st by clarifying their policies for solid waste rate setting.
The attached resolution has been reviewed and approved by the City Attorney's office. It sets forth the following:
❖ Council's position for service-type rate subsidies to be reduced over the next seven years (if possible);
❖ clarification of how the operating margin, or rate of return, will be calculated;
❖ any rate review proceedings will be reviewed based on a 10% rate of return margin in the aggregate; and
❖ review process for annual haulers' financial reports.
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
Resolution confirming Council solid waste rate policies.
FISCAL NOTES
N/A
1%
AGENDA ITEM # 9 4 d
FOR AGENDA OF September 25. 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Contract Award for the Construction of Embedded Crosswalk Li ting System on 121St
PREPARED BY: Vannie N ~EPT HEAD OK: A.P. Duenas CITY MGR OK: Bill Mona an
ISSUE BEFORE THE COUNCIL
Shall the Local Contract Review Board approve the contract award for the construction of Embedded
Crosswalk Lighting System on 121St Avenue (at Springwood Drive)?
STAFF RECOMMENDATION
Staff recommends that the Local Contract Review Board, by motion, approve the contract award to R.J. Rouse
Electric, Inc. in the amount of $53,480.00.
INFORMATION SUMMARY
In FY 1999-2000, the Capital Improvement Program proposed a pilot program to install embedded crosswalk
lighting systems at three locations: Walnut Street (at Grant Avenue), 1215L Avenue (at Katherine/Lynn Street)
and 121St Avenue (at Springwood Drive). However, only one crosswalk lighting system on 12151 Avenue (at
Katherine/Lynn Street) was constructed in that fiscal year.
In FY 2000-01, the Capital Improvement Program proposed a project to install crosswalk lights at two
locations: Walnut Street (at Grant Avenue) and Main Street (at existing bridge). Construction of this project was
completed in February 2001. Installation of crosswalk lighting systems at these three locations has proved
effective in protecting pedestrians from oncoming two-way traffic while crossing at the intersections. So far, the
crosswalks have been widely used by students as well as the local community.
To complete the pilot program that was proposed in FY 1999-2000, this year's project proposes to install a
lighted crosswalk on 121St Avenue (at Springwood Drive). This project was first advertised for bids on June 26,
2001. However, it was combined with the inlay/slurry work of the PMMP project. There were only two bids
submitted at the bid opening on July 10, 2001. These bids were extremely high because the lighting work is a
specialty item that can only be done by an electrical contractor. In the Council meeting of July 24, 2001, the
Local Contract Review Board rejected all bid proposals.
Since then, staff prepared two separate bid documents for the PMMP and the Embedded Crosswalk Lighting
projects. In the Council meeting of August 28, 2001, the Local Contract Review Board approved the contract
award to Eagle Elsner, Inc. to construct the PMMP work.
v
The bid opening was conducted on September 4, 2001 for the Crosswalk Lighting System project. The bid
results are:
R.J. Rouse Electric, Inc.
Tualatin, OR
$53,480.00
Electrical Construction Co.
Albany, OR
$60,600.00
Farwest Electric Co.
Vancouver, WA
$77,321.00
Cherry City Electric Co.
Salem, OR
$78,845.00
Engineer's Estimate
$42,400
The lowest bid from R.J. Rouse Electric, Inc. is higher than the Engineer's estimate by approximately $11,000.
Staff's review of the bid tabulation sheet indicates that in addition to the installation of the lighting system, the
electrical contractor has to stripe the crosswalk, reconstruct existing wheelchair ramp, sidewalk and curb, and
relocate existing roadside signs. The unit bid prices for these items are higher than usual because the prime
contractor has to sub-contract the roadway work to a different contractor. In addition, we have added overhead pole
mounted flashers to augment the embedded lights. These flashers were not included in the original bid in July. This
has added to the overall cost of the project.
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 from the State Gas Tax fimd in the amount of $40,000 in the FY 2001-02 CIP
Embedded Crosswalk Lights. The low bid exceeds the budgeted amount by approximately $13,500. The
amount of $13,500 will be funded from the State Gas Tax fund for the FY 2001-02 PMMP project. Due to
lower bid price, funding for the PMMP project has $18,000 remaining in the account.
The total amount of $58,000 ($40,000 plus $18,000) is sufficient to award the contract of $53,480.00 to R.J.
Rouse Electric, Inc.
lAcityw lde\sum\Agenda Summary for Crosswalk Lighting on 121st.doc
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AGENDA ITEM # -7-- -f 6
FOR AGENDA OF September 25, 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Local Contract Review Board to award a Personal Sevices Contract for Electical
Inspections and Plan Review to Clair Company.
PREPARED BY: Gary Lampella DEPT HEAD OK 1 4*(CITY MGR OK
ISSUE BEFORE THE COUNCIL
Local Contract Review Board review of selection of contract firm to provide electrical inspections and plan review.
STAFF RECOMMENDATION
Award a contract for the sum not to exceed $30,000 to Clair Company for electrical inspections and plan review.
INFORMATION SUMMARY
Due to the considerable increase in construction activity and extended staff absences, the Building Division has had
to rely on contract employees to keep up with the workload. This caused the budget line for contractual services to
be overspent.
On July 10, 2001 Council granted a waiver of the contract rules for an amount not to exceed $25,000 and/or until
September 30, 2001. This allowed the Building Division to continue to use existing contractual services for
electrical inspections and plan review until such time as Request for Proposals could be sent out and a contractor
selected. This has been completed and a contract is ready to be developed and implemented by the first of October,
2001.
The rates for these services are as follows:
Electrical Plan Review - $60.00/hr.
Electrical Inspections, Commercial - $62.00/hr.
Electrical Inspections, Residential - $60.00/hr.
Overtime - 1.5 times base rate
Mileage - $0.42/mile
This allows the City to use Clair Company's services for approximately 400 hours. This should be adequate to
cover electrical inspection and plan review in order to maintain service levels and fill in during staff absences. All
work will be performed during regular business hours in order to avoid overtime costs.
OTHER ALTERNATIVES CONSIDERED
Hire additional staff.
9
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
None
FISCAL NOTES
Maximum $30,000 for FY 2001-02. This is budgeted from the dedicated Electrical Fund 220.
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA ITEM # t A l C
FOR AGENDA OF September 25.2001
ISSUE/AGENDA TITLE Local Contract Review Board Approval for Amending a Purchase Order for Cook Park
Master Plan Expansion Phase I Construction for the irrigation of sports s; orts fields
PREPARED BY:
DEPT HEAD OK
CITY MGR OK
ISSUE BEFORE THE COUNCIL.
Shall the Local Contract Review Board approve staff recommendation to amend the existing purchase order with Northwest
Earthmovers Inc., in the amount of $20,025.00
STAFF RECOMMENDATION
Staff recommends that the Local Contract Review Board approve the recommendation to amend the existing purchase order
with Northwest Earthmovers, Inc., for $20,025.00 for sports field irrigation.
INFORMATION SUMMARY
This purchase order amendment would allow for the irrigation of the sports fields this fall with the Parks crew performing the
slice seeding of the fields after contractor has completed the irrigation work. Completing the irrigation work during the fall
will allow for the grass to germinate and take advantage of the additional time for promoting root growth.
When staff appeared before the Local Contract Review Board previously to amend this same purchase order allowing for the
sport field grading, we were under the assumption that the irrigation work was to be completed by the sports leagues through
the use of volunteers working with City staff. Staff met with the sports leagues and were informed that their preference was to
have the contractor perform the irrigation work since the cost estimate was reasonable. In addition, having the contractor
perform the work would eliminate any potential conflicts that would arise regarding warranty of the work performed in
regards to all of the irrigation work to be performed in Phase I construction. The cost of the irrigation of the sports fields is to
be reimbursed by the sports leagues and reimbursement being negotiated will likely be in the form of dollars, in kind services,
or some combination of both.
1. Reject staff recommendation.
2. Reject staff recommendation and direct staff to have the irrigation installation performed by Parks staff.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
This subject is covered under City Council Goal #4: Continue to implement the City Park Master Plan. This project is also a
Vision Task Force goal in the area of Urban and Public Service, to preserve and protect open space. The Action Plan for this
goal includes continuing the implementation and funding for the Cook Park Expansion Project.
ATTACHMENT LIST
Purchase Requisition in the amount of $20,025.00 for change order #2
• Total budget $771,764.00
• Original contract amount with Northwest Earthmovers $635,553.30
• Amendment I - Sport Field Grading $ 56,936.50
• Amendment 2 proposed - Sport Field Irrigation $ 20,025.00
• Total contract/amendments $712,514.80
MEMORANDUM
TO: Ed Wegner, Public Works Director
FROM: John Roy, Property Manager
RE: Cook Park Change Order Proposal
DATE: September 21, 2001
In the fiscal year 2001/02 budget funds in the amount of $771,764.00 were allocated for the Cook
Park Expansion Phase I construction. Bid was awarded to Northwest Earthmovers, Inc. and the
purchase order W20117 was approved and opened on July 9, 2001 in the amount of $635,553.30.
A change order was approved in the amount of $56,936.50 to include grading of the sports field in
Phase I which while they were grading the parking area which in turn saved approximately $70,000
in having soil brought back in during a later phase. A second purchase order was approved to
reflect this change order (W20337).
We are now proposing an additional change order in the amount of $20,025.00 to allow for the
irrigation of the sports fields this fall with the City staff performing the slice seeding of the fields
after the contractor has completed the irrigation work. Completing the irrigation work during the
fall will allow for the grass to germinate and take advantage of the additional time for promoting
root growth.
When staff appeared before the Local Contract Review Board previously to amend this purchase
order allowing for the sport field grading, we were under the assumption that the irrigation work
was to be completed by the sports leagues through the use of volunteers assisted by City staff. Staff
met with the sports leagues and were informed of their preference to have the contractor perform the
irrigation work since the cost estimate was reasonable. By allowing the contractor to perform this
work we will eliminate any potential conflicts that could arise regarding warranty of the work
completed.
The original bid document included $7,800.00 for erosion control for the winter and those dollars
would be applied towards the irrigation work. By having the irrigation work completed at this time,
City staff will not be required to kill off the grass planted for erosion control and till and slice seed
this area in the spring.
The cost of the irrigation of the sports fields is to be reimbursed by the sports leagues and is being
negotiated in the form of dollars, in kind services, or some combination of both.
I have included the following attachments for your review:
• Original purchase order W20117
• Memo from John Roy regarding first change order and purchase order W20337 in the
amount of $56,936.50
PURCHASE REQUISITION
CITY OF TIGARD
13125 SW Hall Blvd. Date: 9/19/01
Tigard, Oregon 97223 From: John Roy
(503) 639-4171 Fax (503) 639-1471 Dept: PW
TO: Northwest Earthmovers Inc.
16850 SW Upper Boones Ferry Rd.. Suite A
Tigard. OR 97224
Phone: (503) 624-0363
Fax:
Federal ID No.: (For services only,)
DELIVER TO:
❑ 13125 SW HALL BLVD
❑ 12800 SW ASH STREET
❑ 8720 SW BURNHAM STREET
8777 SW BURNHAM STREET
Qty
Vendor Item
No.
Description
Dept/Account
No.
Unit
Price
Extended
Price
1
Cook Park Expansion Phase 1
Amend PO W20117 as follows:
add sports field irrigation ($27,825.00)
delete broadcast seed & mulch ($7,800.00)
225-6400-754.022
20,025.00
20,025.00
Comments:
S&H
TOTAL
20,025.00
APPROPRIATION BALANCE:
APPROVALS:
(IF UNDER $50) DEPARTMENT DESIGNEE:
(IF UNDER $2500) DEPARTMENT DESIGNEE:
(IF UNDER $7500) DEPARTMENT HEAD/DESIG E: _S
(IF UNDER $25000) CITY MANAGER:
(IF OVER $25000) LOCAL CONTRACT REVIEW BOARD: !
AS OF:
PURCHASING AGENT:
El lai t&WW -#V W", 7' &&Y&4,
r.%PITAL EXPENDITURES NOT BUDGETED: (IF UNDER $2500) DIRECTOR OF FINANCE:
(IF OVER $2500) CITY MANAGER:
1:1cRywldetpbrd-q.dot
~ Billings ru to: 11
13125 SW Hall Blvd
Tigard, OR 97223
Ph: (503) 639-4171 Fax: (503) 639-1471
City of Tigard
PURCHASE ORDER
Vendor: NORTHWEST EARTHMOVERS INC
SUITE A
16850 SW UPPER BOONES FERRY RD
TIGARD, OR 97224
(503) 624-0363
Deliver to: ATiN: J ROY
12800 SW ASH
TIGARD, OR 97223-
Comment:
PO Number: W20117
Order Date: 07/09/2001
Expected Delivery Date: ?
Shipping Instructions:
Payment terms: 30 days
PO Status: Open
n.... An of
uanti
Unit Price
Amount
■
1.0
635,553.30
635,553.30
Cook Park Expansion Phase 1
635,553.30
225-6400-754022
including additive Wetlands Viewing
Gazebo. Total Bid Price.
TOTALS:
635,553.30
635,553.30
1. Our Purchase Order Number must appear on all invoices, packing slips, and correspondence.
2. Unless you notify us within ten (10) days of the date of this order, you agree to be bound by the terms and conditions printed
on the reverse side of this purchase order, and those incorporated by reference.
WHITE: VENDOR PINK: ACCOUNTING
CANARY: PURCHASING FILE GOLDENROD: RECEIVING
AUTHORIZED BY
Send `Billings to:
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
Ph: (503) 6391171 Fax: (503) 639-1471
City of Tigard
PURCHASE ORDER
Vendor: NORTHWEST EARTHMOVERS INC
PO BOX 1467
TUALATIN, OR 97062
(503) 624-0363
Deliver to: ATTN: J ROY
12800 SW ASH
TIGARD, OR 97223--
Comment:
nit
PO Number: W20337
Expected Delivery Date: ?
Shipping instructions:
Payment terms: 30 days
PO Status: Open
race
56,936.50 56,936.50 Cook Park Expansion Phase 1, Amend
PO ttW20117 as follows: changer order
#1: sports field grading & utilities
TOTALS: 1 56,
glance Due Account
56,936.50 225-6400-754022
56,936.50
correspondence. Our Purchase Order Number must appear on all invoices, packing slips, and 2. Unless you notify us within ten (10) days of the date of this order, you agree to be bound by the terms and conditions printed
on the reverse side of this purchase order, and those incorporated by reference.
PINK: ACCOUNTING
WHITE: VENDOR GOL[)ENROD: RECEIVING
CANARY: PURCHASING FILE
AUTHORIZED BY
CESINW
TO <-I Ve of T! Gk2D
ATTENTION Jo t-0-1 ROY
WE ARE SENDING YOU
❑ Prints ❑ Plans
Documents ❑ Reports
❑ Other:
COPIES
DATE
NO.
DESCRIPTION
/
ExfGV7'L~ C ~}N6E aRAEII ~ t
These are transmitted as checked below:
❑ For approval /91 For your use
❑ Other
❑ FORBIDS DUE
T7T7AAAPW4Z-
COPY TO
LETTER OF TRANSMITTAL
DATE ?~2S of JOB # /6"'(-
SUBJECT GOOK Pint FxPAwSra^j
❑ Specifications ❑ Copy of letter
❑ Change order ❑ Samples
❑ As requested ❑ For review and comment
SIGNED:
CESNW, INC.
15573 SW RANGY RD., STEAM LAKE OSWEGO, OR 97035
503 968.6655 503 968.2595 FAX WWW.CESNW.COM
CLSINW
H
CQ
H
a
a
July 23, 2001
Mr. John Roy,. Property Manager
CITY OF TIGARD
12800 SW Ash Street.
Tigard, OR 97223
RE: COOK PARK EXPANSION PHASE 1- CHANGE ORDER No.1
Dear John:'
rthwest Earthmovers, Inc. reflect the construction of the
N
o
The following revised quantities from
sports field grading and utilities.
Contract
Unit
Revised
Unit
Total
Contract
Rev.
Unit P1
Price
Amount
uantit
- 11
No. Gl
pescri tion
SCHEDULE 1 - SITE IMPROVEMENTS
00
020
$1
1
ADDITIONAL
LS LS 0
1,020.00
$
.
,
3a. C
ONTROL MEASURES
0
6.5 AC 0
$1,200.00
$7,800.00
3b. BROADCAST SEED &
STRAW MULCH
$21,037.50)
STRIPPING 3825
4
-3825 CY $5.50
0
,
(in place measurement)
p
STRIP AND STOCKPILE
3850 CY 0
$1.80
$6,930.00
4a.
TOPSOIL
CY 0
$6.00
$23,100.00
0
4b. STRIP 3" AND OFFHAUL
3850
860.00)
12
5. EXC. AND EMBANKMENT 1800
-1800 CY $7.20
5750 CY 0
0
$5.10
,
$29,325.00
(In place measurement)
0
3460 CY 0
$1.80
$6,228.00
5a. REPLACE 4" TOPSOIL
227.60
$6
FINE GRADE BALLFIELDS 0
31138 SY 0
$020
,
5b.
0 CY $5.50
0
($16,500.00)
3000
REMOVE
6
.
measurement)
(In place
133.10
$30
ADJUSTMENT TO SCHEDULE 1 - DR
AINAGE IMPROVEMENTS
,
TOTAL
CESNW,INC.
15573 SW BANGY RD., STF.. 300 LAKE O
SWEGO, OR 97035
coni
w
503.968.6655 TEL 503.968.2595 FA
.
X www.ccsn
SCHEDULE 2 - DRAINAGE IMPROVEMENTS
21a. 12" PVC (w/nat backfill) 0 298 LF 0
$21.40
$6,377.20
24a. 6" PVC (w/nat backfill) 0 355 LF 0
$16.00
$5,680.00
25a. 4" FRENCH DRAIN 0 612 LF 0
$11.30
$6,915.60
26a. STORM MANHOLE 0 1 EA 0
$1,622.00
$1,622.00
29. LYNCH CATCH BASIN 4 8 EA $521.00
$521.00
$2,084.00
TOTAL ADJUSTMENT TO SCHEDULE 2 - DRAINAGE IMPROVEMENTS
$22,678.80
SCHEDULE 3 - SANITARY SEWER IMPROVEMENTS
36a. ADJUST EXTG MANHOLE 0 1 EA 0
$816.00
$816.00
37a. SANITARY MANHOLE 0 1 EA 0
$3,308.60
$3,308.60
TOTAL ADJUSTMENT TO SCHEDULE 3 - DRAINAGE IMPROVEMENTS
$4,124.60
The total increase in the project contract is $56,936.50.
If you have any questions in this regard please call.
Sincerely, Approved:
CESNW, INC. CITY OF TIGARD
/W (I - 0, J J-
Jeff Vanderdasson, P.E. V-T-
Project Manager
1516\Chg-ordi.doc
Approved:
Northwest Earthmovers Inc.
C c'R-e
AGENDA ITEM! No. 8 Date: September 25, 2001
TESTIMONY
SIGN-UP SHEET
Please sign on the following page(s) if you wish to testify before City Council on:
PUBLIC HEARING
(INFORMATIONAL)
FINALIZING FORMATION OF
SANITARY SEWER REIMBURSEMENT
DISTRICT NO. 20
SW ROSE VISTA DRIVE
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
I:\ADM\GREER\CMGNUP\PH TESTMNY FINALIZE SAN SEWER DIST.DOC
1 . , 1 t
AGENDA ITEM No. 8 PLEASE PRINT
)ponent - (Speaking In Fav
ame, Address & Phone No.
pponent - (Speaking A
ame, Address & Phone
neutral
Name, Address & Phone No.
, Address & Phone No.
Name, Address & Phone
Name, Address & Phone No.
Name, Address & Phone No. 11 Name, Address & Phone No.
I Name, Address & Phone No. 11 Name, Address & Phone No.
11 Name, Address & Phone No.
11 Name, Address & Phone No.
Name, Address & Phone No.
Name, Address & Phone No.
Name, Address & Phone No. 11 Name, Address & Phone No.
Name, Address & Phone No. 11 Name, Address & Phone No.
AGENDA ITEM # 6
FOR AGENDA OF September 25.2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Finalize Formation of anit ewer Reimbursement District No. 20, Established to
PREPARED BY: G Berry 1~ DEPT HEAD OK
ISSUE BEFORE THE COUNCIL
CITY MGR OK W. Monahan
Finalize the formation of Sanitary Sewer Reimbursement District No. 20, established to install a sewer in SW
Rose Vista Drive.
STAFF RECOMMENDATION
Approve, by motion, the formation of Reimbursement District No. 20 as modified by the final City Engineer's
Report.
INFORMATION SUMMARY
Council approved the formation of the Reimbursement District by Resolution 01-11 on February 27, 2001.
Since then, construction of the improvements has been completed and final costs have been determined. The
attached City Engineer's Report has been revised accordingly.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Not applicable.
ATTACHMENT LIST
Resolution No. 01-11, Establishing Sanitary Sewer Reimbursement District No. 20
Exhibit A: City Engineer's Report
Exhibit B: District Map
Notice of Public Hearing with mailing list
Resolution No. 01-46, Neighborhood Sewer Reimbursement District Incentive Program
FISCAL NOTES
Total final cost of improvements including administrative fee: $153,133.12. This is $42,356.88 (22%) less than
the estimated cost of $195,490 reported in the preliminary City Engineer's Report. Each property owner's
estimated fair share of the public sewer line is $10,938.08. Each owner's fair share would be limited to $6,000
for connections completed within three years of City Council approval of the final City Engineer's Report in
accordance with Resolution 01- 46
I:%CkywUskslmVeim diet 20 Mol.doc
CITY OF TIGARD, OREGON
01-
RESOLUTION NO. -1.- I i
A RESOLUTION ESTABLISHII',IG SANITARY SEWER REIMBURSEMENT
DISTRICT NO. 20 (ROSE VISTA DRIVE)
WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend
public sewers and recover costs through Reimbursement Districts in accordance with TMC
Chapter 13.09; and
WHEREAS, these property owners have been notified of a public hearing in accordance
with TMC 13.09.060 and a public hearing was conducted in accordance with TMC
13.09.050; and
WHEREAS, the City Engineer has submitted a report describing the improvements, the
area to be included in the Reimbursement District, the estimated costs, a method for
spreading the cost among the parcels within the District, and a recommendation for an
annual fee adjustment; and
WHEREAS, the City Council has determined that the formation of a Reimbursement
District as recommended by the City Engineer is appropriate.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The City Engineer's report titled "Sanitary Sewer Reimbursement
District No. 20", attached hereto as Exhibit A, is hereby approved.
SECTION 2: A Reimbursement District is hereby established in accordance with
TMC Chapter 13.09. The District shall be the area shown and described
on Exhibit B. The District shall be known as "Sanitary Sewer
Reimbursement District No. 20."
SECTION 3 Payment of the reimbursement fee as shown in Exhibit A is a
precondition of receiving City permits applicable to development of
each parcel within the Reimbursement District as provided for in TMC
13.09.110.
SECTION 4 An annual fee adjustment, at a rate recommended by the Finance
Director, shall be applied to the Reimbursement Fee.
SECTION 5 The City Recorder shall cause a copy of this resolution to be filed in the
office of the County Recorder and shall mail a copy of this resolution to
all affected property owners at their last known address, in accordance
with TMC 13.09.090.
day of 2001.
PASSED: This Q+
ayor - City ig
ATTEST:
City Recorder - City o Tigard
~PSV~t.c.G.i~fl •Ul- I
Exhibit A
City Engineer's Report
Sanitary Sewer Reimbursement District No. 20
Background
This project was constructed and funded under the City of Tigard Neighborhood
Sewer Extension Program (NSEP). Under the program the City of Tigard would
install public sewers to each lot within a project area. At the time the property
owner connects to the sewer, the owner would pay a connection fee of
$2,335.00 and reimburse the City for a fair share of the cost of the public sewer.
There is no requirement to connect to the sewer or pay any fee until connection
is made. In addition, property owners are responsible for disconnecting their
existing septic system according to Washington County rules and for any other
modifications necessary to connect to the public sewer.
Project Area - Zone of Benefit
An existing sanitary sewer line is located in SW 118`x' Avenue east of the district
as shown on Exhibit Map B. The line was extended across SW 118'' Avenue,
then across a residential lot not in the district (13855 SW 118'x' Court) and finally
across a residential lot within the district (12025 SW Rose Vista Drive) before
reaching SW Rose Vista Drive. The line serves fourteen properties along SW
Rose Vista Drive. The lot at 12035 SW Rose Vista Drive is not included in the
district since this lot is currently served from a public line at the southeast corner
of the lot. The lot at 12015 SW Gaarde Street was originally included in the
District but is proposed to be removed from the district since it has been found to
be currently served by a line in Gaarde Street. This will reduce the number of
lots in the District from fifteen to fourteen.
Cost
The purchase price of the two easements is included in the project cost and will
be recoverable through the collection of the reimbursement fees. The easement
across 13855 SW 118`h Court (not within the proposed district) has been
purchased for $2,410. The cost of purchasing the e6sement across the lot at
12025 SW Rose Vista Drive is described in the attached agreement between the
owner and the City. The agreement provides for the payment of $8,280 plus
waiver of the connection fee of $2,335 for a total purchase price of $10,615.
This results in a total cost for the two easements of $13,025. Construction of the
line through this easement required removal of the septic system, necessitating
immediate connection to the sewer. The owner agreed to place a deposit with
the City towards the fee required for service. The owner has connected to the
sewer using the deposit as payment for the reimbursement fee. The City has
paid the connection fee as required by the owner's agreement and included the
cost in the amount recoverable through the Reimbursement District.
The actual cost for the sanitary sewer construction is $121,894.05. Engineering
and inspection fees amount to $18,214.07 (13.5%) as defined in TMC
13.09.040(1). The total project cost including these fees and $13,025 for
easements is $153,133.12. This entire amount should be reimbursed to the
sanitary sewer fund as properties connect to the sewer and pay their fair share of
the total amount.
In addition to sharing the cost of the public sewer line, each property owner,
except for the owner providing the easement, will be required to pay an
additional $2,335 connection and inspection fee when connection to the public
line is made. All owners will be responsible for all plumbing costs required for
work done on private property.
Reimbursement Rate
All properties in this area are zoned R-4.5 and have similar lot sizes as can be
seen in Exhibit Map B. Therefore, it is recommended that the total cost of the
project be divided equally among the fourteen properties included in the
reimbursement district
Other reimbursement methods include basing the proportional share upon the
square footage of each property or by the length of frontage of each property.
These methods are not recommended because there is no correlation between
these methods and the cost of providing service to each lot or the benefit to each
lot.
The preliminary City Engineer's Report stated that owners would be offered the
incentives of Resolution 98-51 that limited the fee to $8,000 to the extent that it
does not exceed $15,000 per owner for connections completed within one year
of final approval of the City Engineer's Report. Since then, this resolution has
been replaced by Resolution 01-46. The fee is now limited to $6,000 to the
extent that it does not exceed $15,000 per owner for connections completed
within three years of final approval of the City Engineer's Report.
Each property owner's actual fair share of the public sewer line is
$10,938.08. Each owner's fair share would be limited to $6,000 for
connections completed within three years of City Council approval of the
final City Engineer's Report following construction in accordance with
Resolution 01- 46 (attached)
Annual Fee Adiustment
TMC 13.09.115 states that an annual percentage rate shall be applied to each
property owner's fair share of the sewer line costs on the anniversary date of the
reimbursement agreement. The Finance Director has set the annual interest
rate at 6.05% as stated in City of Tigard Resolution No. 98-22.
Recommendation
It is recommended that a reimbursement district be formed with an annual fee
increase as indicated above and that the reimbursement district continue for
fifteen years as provided in the Tigard Municipal Code (TMC) 13.09.110(5).
Fifteen years after the formation of the reimbursement district, properties
connecting to the sewer would no longer be required to pay the reimbursement
fee.
Submitted September 11, 2001.
Agu P. IDuenas, RE
City Engineer
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September 10, 2001
NOTICE
Of
PUBLIC HEARING
Tuesday, September 25, 2001
7:30 PM
Tigard Civic Center
Town Hall
The following will be considered by the Tigard City Council on September 25, 2001 at
7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon.
Both public oral and written testimony is invited. The public hearing on this matter will be
conducted as required by Section 13.09.105 of the Tigard Municipal Code. Further
information may be obtained from the Engineering Department at 13125 SW Hall Blvd.,
Tigard, Oregon 97223, or by calling 639-4171.
INFORMATIONAL PUBLIC HEARING:
FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 20
(SW Rose Vista Drive). The Tigard City Council will conduct a public hearing to
hear testimony on the finalization of Sanitary Sewer Reimbursement District No.
20 formed to install sewers in SW Rose Vista Drive.
Each property owner's recommeded fair share of the public sewer line is
$10,938.08. Each owner's fair share would be limited to $6,000 for connections
completed within three years of City Council approval of the final City Engineer's
Report following construction in accordance with Resolution 01- 46. Please call
Greg Berry of the Engineering Department 639-4171 ext. 373 if you have
questions.
j,%eNVreQVeeno,xse wA dMtWswlsWO000ka MW neWkV doc
TaxlD
Name
Address
City
5tat
Zip
e
251030000600&
ERDT DONALD D DOROTHY P
13760
SW 121ST
PORTLAND
OR
97223
00700
251030000800
MCPHERSON LORIN F/LAURA N
12055
SW ROSE VISTA DR
TIGARD
OR
97223
251030000900
BRUMLEY SCOTT B & JANINE
12045
SW ROSE VISTA DR
TIG D
OR
97223
2SI030002200
K
ROLL WAYNE J DEMETRA T
13820
SW 121ST
TIGARD
OR
97223
2S1030002100
BRIEN KENNETH G &
12060
SW ROSE VISTA DR
TIGARD
OR
97223
2SI030002000
HAZARD JOHN GERALD &
12040
SW ROSE VISTA DR
TIGARD
OR
97223
2SI03000IIOO
HUFFMAN DAVID S &
12025
SW ROSE VISTA DR
TIGARD
OR
97223
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12015
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97223
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CITY OF TIGARD, OREGON
RESOLUTION NO. 01- ~0 1'
A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED
AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE
PROGRAM
WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public
sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and
WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement
District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer.
The program was offered for a two-year period after which the program would be evaluated for
continuation; and
WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement
District Incentive Program an additional two years through Resolution No. 00-60; and
WHEREAS, City Council finds that residential areas that remain without sewer service should be provided
with service within five years; and
WHEREAS, Council has directed that additional incentives should be made available to encourage
owners to promptly connect to sewers once service is available and that owners who have paid for service
provided by previously established districts of the Neighborhood Sewer Extension Program should receive
the benefits of the additional incentives.
NOW, T1XEREFORE, BE IT RESOLVED by the Tigard City Council thmt:
SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District
Incentive Program is hereby repealed.
SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer
Extension Program. This incentive program shall apply to sewer connections provided
through the sewer reimbursement districts shown on the attached Table 1 or established
thereafter. All connections qualifying under this program must be completed within
three years after Council approval of the final City Engineer's Report following a
public hearing conducted in accordance with TMC Section 13.09.105 or by two years
from the date this resolution is passed, which ever is later, as shown on the attached
Table 1.
SECTION 3: To the extent that the reimbursement fee determined in accordance with Section
13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot
zoned single family residential shall not exceed $6,000 per connection, provided that the
lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be
reimbursed by the owner. This applies only to the reimbursement fee for the sewer
installation and not to the connection fee, which is still payable upon application for
RESOLUTION NO. 01-4(P
Page 1
sewer connection.
SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions
of this incentive program. Residential lot owners who do not connect to sewer in
accordance with Section 2 shall pay the full reimbursement amount as determined by the
final City Engineer's Report.
SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is
entitled to reimbursement from the City. The amounts to be reimbursed and the persons
to be paid shall be determined by the Finance Director and approved by the City
Manager. There shall be a full explanation of any circumstances that require payment to
any person who is not an original payer. The Finance Director shall make payment to all
persons entitled to the refund no later than August 31, 2001.
SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer
Reimbursement District Program, shall provide the funding for the installation costs
over $6,000 up to a maximum of $15,000 per connection.
EFFECTIVE DATE: July 10, 2001
.PASSED: This day of 2001.
A Fm -SW -F
Y ayor Ci of ' and
ATTEST:
Recorder - City of and
L•1Ciiywwe\Res\Reeso1udw Revising fire NeWftd, seven En=due Ftogam
RESOLUTION NO.01-ALP
Page 2
AGENDA ITEM # 9
FOR AGENDA OF September 25, 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE iJvdate from the New Tigard Library Construction Committee about the
recommended site for the proposed new library.
PREPARED BY: Margaret Barnes DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Presentation by the New Tigard Library Construction Committee to update the City Council about the
recommended site for the proposed new library.
STAFF RECOMMENDATION
The staff recommendation is for the City Council to direct the Construction Committee to continue its work.
INFORMATION SUMMARY
City Council gave their approval of the reommended site for the proposed new library for Tigard at the August 28,
2001 meeting. This site is a 14.7-acre property located along Hall Boulevard near O'Mara Street. As was
mentioned at that meeting, this site has access to public transportation, is close to the City Hall complex and
includes a high quality natural area. In addition, 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.
Working with BML Architects and the City Engineer, the Committee has begun to analyze the recommended site
for placement of the new library and the development of a new road. At this time, the Committee is prepared to
update the Council on the placement of the proposed new library and the placement of a proposed road on the
property.
OTHER ALTERNATIVES CONSIDERED
None.
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.
ATTACHMENT LIST
None.
AGENDA ITEM # in
FOR AGENDA OF September 25 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUN24ARY
ISSUE/AGENDA TITLE Revisions to Ti and Munici al ode Chapter- Keimpusenicut 1--f1n.LLPIL0
PREPARED BY. G N Bg!Zy DEPT HEAD OK A. P. uenas CITY MGR OK WAM
ISSUE BEFORE THE COUNCIL
Shall the City Council approve proposed revisions to Tigard Municipal Code Chapter 13.09?
STAFF RECOMMENDATION
That City Council approve the attached Ordinance adopting the proposed revisions to Tigard Municipal Code
Chapter 13.09.
INFORMATION SUMMARY
Chapter 13.09 Reimbursement Districts, (attached) enables the City to recover the cost of constructing public
sewers by charging each owner within the district a reimbursement fee when the owner connects to the sewer.
On May 15, 2001, City Council directed staff to prepare two revisions. The proposed revisions authorize
purchasing an easement from an owner within the proposed district and allows the City to recover its cost of
administering reimbursement districts as described in the attached memorandum to City Council.
These revisions are included in the attached proposed Ordinance amending Chapter 13.09.
OTHER ALTE .NATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEQY
N/A
ATTACHMENT LIST
Tigard Municipal Code Chapter 13.09, Reimbursement Districts
Proposed Ordinance
Memorandum to City Council dated September 5, 2001
FISCAL NOTES
Reimbursement districts are funded through the Neighborhood Sewer Extension Program in the annual Capital
Improvement Program. For FY 2001-02, the amount allocated for the formation of districts is $2,000,000.
i.kftywWaXswft vi5k" to mk 17.09 a.Eoc
FISCAL NOTES
The preliminary estimated cost for the proposed new library project is between $14,000,000 and $17,000,000.
MEMORANDUM
13125 SW Hall Blvd.
Tigard, OR 97223
Phone 503-639-4171
Fax: 503-624-0752
TO: Mayor and City Councilors
William Monahan, City Manager
FROM: Gus Duenas,
City Engineer
DATE: September 5, 2001
SUBJECT: Revisions to Tigard Municipal Code Chapter 13.09, Reimbursement Districts
The City is using Chapter 13.09 (attached) primarily to form Reimbursement Districts for sewer
extensions. This enables the City to recover the cost of constructing public sewers by charging each
owner within the district a reimbursement fee when the owner connects to the sewer. On May 15,
2001, City Council discussed the objectives that Tigard Municipal Code Chapter 13.09 is expected
to achieve and directed staff to prepare two revisions.
First, Section 13.09.040 currently states that for the cost of the purchase of an interest in land
(such as an easement) to be included the reimbursement fee, it must be "purchased from a third
party to complete off-site improvements". However, providing service to an existing subdivision
may require purchasing an easement from an owner within the proposed district. This results in
the purchase not being from a third party and not for an off-site improvement. Consequently,
staff was directed to prepare revisions that would authorize such purchases.
Second, Chapter 13.09 does not provide a way for the City to recover its cost of administering
reimbursement districts. Revisions to the Chapter have been prepared to provide recovery of this
cost as directed by City Council.
In addition, references to "City Administrator" have been updated to "City Manager".
These revisions have been reviewed by the City Attorney's office and are included in the attached
proposed Ordinance amending Chapter 13.09.
L%dlyw1deUwAm1sbrn to Me 13.09 nt -dm
• :W
AGENDA ITEM No. 11
Date: September 25, 2001
PUBLIC HEARING
TESTIMONY
SIGN-UP SHEEP
Please sign on the following page(s) if you wish to testify before City Council on:
Due to Time Constraints
City Council May Impose
Time Limit on Testimony
I:WDM\GREER\GCSIGNUP\PH TESTMNY UPDATED 8-11DOC
AGENDA ITEM No. 11
PLEASE PRINT
Proponent - S eakin In Favor o onent 5 ea in A ainst Neutrai
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Mr6Mp- Try Iro oOoFF
7079- 5u1 CRAW LN,
TI GAS ok c?7a a 3
o
C Me.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
7023 Sw LPtib/1rr; L~J
T/G,;~,
~[Name, Address & Phone No. 61 Name, Address & Phone No.
Name, Address & Phone No
Name, Address & Phone No.
Name, Address & Phone No.
Name, Address & Phone No.
Name, Address & Phone No. 11 Name, Address & Phone No
Name, Address & Phone No.
Name, Address & Phone No.
Name, Address & Phone No.
Name, Address & Phone No.
AGENDA ITEM # I I
FOR AGENDA OF 9.25.01
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Amendments to Noise Ordinance - TMC Chapter 7.40 Article IV.
PREPARED BY: Dick Bewersdorff DEPT HEAD OK % Y MGR OK
ISSUE BEFORE THE COUNCIL
Should the City amend its noise ordinance?
STAFF RECOMMENDATION
Review the proposed ordinance, especially the proposed exceptions; make changes as desired and approve.
INFORMATION SUMMARY
The City's noise ordinance is cumbersome and difficult to administer because it requires measuring sound levels by
certified technicians using specified equipment. Also, the City is unable to enforce against short term unnecessarily
loud noises. The table setting the maximum sound levels is confusing, and the code provisions create uncertainty
about the length of time the noise must exist. As a result of discussions, the City Council directed staff to pursue
potential ordinance changes. Based on comments and material discussed by the City Council, the City Attorney's
office prepared amendments to the noise ordinance.
On July 17, 2001, the City Council held a work session of which the noise ordinance proposals were discussed in
general. The amendments allow a subjective, as well as objective, standard; simplify the technical standards; and
provide for exceptions rather than a permit system. This would create a code that will be easier to administer and
provide greater clarity for citizens.
Two memos from the City Attorney's office are included, as well as the draft ordinance. The City Attorney's
memos calls for careful consideration of the exemption list by the City Council. On 8-30-01, Administrative staff
recognized a potential issue for late night construction of streets such as the recent overlay of Highway 99W by
ODOT. The City Attorney drafted additional language that is covered under 7.40.180.M. While the intent of the
ordinance was to eliminate and simplify processes as much as possible, Section M will add a permit process. An
alternative is to have ODOT directly petition the City Council for permission to work in these instances. This
alternative is used by other cities. The City Attorney's office has recommended additional language under
7.40.150.1) that defines the City Manager as the City Manager or his designee so that other departments can
administer the noise section. Community Development will be administering the noise ordinance at this time.
An additional issue was suggested by Administrative staff. The National Guard Armory was formally granted
permits to exceed noise standards by up to 10 decibels by 7.40.200 of the present ordinance. The City Attorney's
office has suggested the standards should apply equally to all users such as the grange, high school and meeting
auditoriums. As a result, an additional permit process to exceed noise levels by 10 decibels has not been added to
this draft ordinance. Council should review the ordinance and direct changes as appropriate.
OTHER ALTERNATIVES CONSIDERED
1. Do not change the code. This would leave the present system, with identified problems, in place.
2. Amend the noise ordinance in a more piecemeal fashion rather than overhauling it totally.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
1. City Attorney memo dated 6/12/01 - Issues & Options
2. City Attorney memo dated 6112//01 - Issues & Comments
3. Existing Noise Code Section (Article IV) for comparative purposes
4. Draft Ordinance
5. Letter from Michael Trigoboff
FISCAL NOTES
N/A
(1:\curp1n\dick\counci1 items\8-28-01 noise ordinance amendments summary sheet.doc)
Revised: 5-Sep-01
KHMIS CRkW CUKK1bHN 5UJ 146 1344
Jun i2vui 3=15 NO.UU1 V.U2110
Attachment 1
AMI
CREW
CORRIGAN &
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A'ITORNF-YS AT LAVU
Iltl N W M1 kw
PoAid.0MPq NA
(SO))2t2~101
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TO:
FROM
DAT :
RR:
MEMORANDUM
Tigard City Council
Timothy V. Ramis, Gary Firestone. City Attorney's Office
June 12, 2001
Noise Ordinance
The City is considering revising its noise ordinance ('1'MC 7.40.130 to 7.40.200). You asked us
to examine the ordinance and suggest ways of amending it consistent with the issues identified in its
earlier review. The following sets out issues and options for the City. The attached chart provides much
of the same information in chart form. We have also, as we discussed, drafted an ordinance that is
intended to incorporate the changes we have discussed. A copy orthe draft ordinance is also attached.
issues n O tion
♦ The City needs to decide whether to modify the existing code keeping same basic format
or to totally overhaul it using a different format.
♦ The current Table 1 allows greater impacts from some uses than from others. A standard
that considers only the nature of the property where the noise is heard appears to be more
consistent with the City's goals.
♦ The existing system provides only for a measurable objective standard (dB). While
measurable objective standards are clearer, it is often difficult to have a trained person
available with a certi fled sound-measuring device in the right place at the right time. The
City could adopt alternative standards to determine when a violation occurs: one
measurable objective standard and one more subjective standard.
® if the City adopts a non-measurable standard, the City may require more than one witness
to establish the violation. One option the City can consider is to require two witnesses
(one of wham may be a police or code enforcement officer) to cstablish its case in
KHI'U1 > UKLUI I.UKK 1 UHN 5U.5 146 1y44 Jun 11 r U1 y : 15 NO . UU 1 N . U6/ 16
s'
Memorandum rc: Noise Ordinance
June l2, 2001
Page 2
municipal court.
O The City can use a simpler description of sound measuring devices and the necessary
training for equipment operators.
+ Permits. There is no need for permits unless the permits will allow the code standards to
he exceeded, if the City wishes to limit permits to certain types of situations, it may do
so. One possibility Is to expand the exceptions so that permits will not be needed.
® The City of I lillsboro`s code has many of the features the City is considering. The draft
ordinance is based on the Hillsboro structure,
One issue not identified in our discussions but which arose when drafting the ordinance
is the hours that certain operations (construction, ctc.) may occur. As written,
construction, home operation of tools, and other uses are exempt, even if they violate the
noise standards, The City will need to decide whether to keep these exemptions. If the
exemptions are not kept, the City should consider raising the permissible dB levels. The
current draft uses several different time periods for the various exemptions. It may be
advisable to have a single time period applicable to all exemptions; it certainly would be
easier for the code enforcement officer.
0 As to the issue of who should enforce (code enforcement officer or police), if the City
wants to transfer authority (at least joint authority) to police officers, the Community
Development Director could simply appoint all serving, City police officers as code
enforcement officers (sec TMC 1.16.030 (b)), to enforce violations of the noise
ordinance, if this is agreeable to all concerned.
GdmunK11garAMnlaa wpA
KHM15 CRL.W UUKK1bHN 503 246 11344
Jun 11.U1 J:2b N0.1J1J1 V.U411J
Attachment 2
RAMI$
CRl ;V✓
CO ZRYGAN &
BACHRACH,
A7'1'ORNI3YS AT LAW
1727 N.W. I load stmat
Pun6and, Qrogon 97209
(503) 222-4402
Fax: (503)243.2944
MEMORANDUM
TO:
Tigard City Council
PROM: City Attorney's Office
DATE: June 12, 2001
RE: Noise Ordinance
BACKGROUND
The City has found that its noise ordinance is increasingly difficult to administer. Staff has
previouwly received direction from the City Council to pursue changes to the ordinance to make its
administration easier. We have prepared a drafl ordinance to totally restructure the noise ordinance
to accomplish this, and to protect citizens from unnecessarily loud noises, while allowing reasonable
opportunities for industrial, construction, and home maintenance, and improvement activities. This
memorandum discusses the main features of the draft ordinance and discusses the issues that Council
will consider in deciding whether to adopt the ordinance, with or without amendments,
ISSUES AND COMMENTS
Who is Rcspongiblc for Violations
Under the proposed ordinance, those who make the noise, cause the noise to be made, or
permit it to be made on their property are responsible for the noise. The cent ordinance applies
only against those who cause or allow the noise to be made from their property. Often, a property
owner will not be primarily responsible for excessive noise (it may be a person operating a vehicle or
construction equipment or a person playing amplified music too loud in s park). Malting both those
directly responsible for the noise and property owners responsible will give the City the flexibility to
deal with those who arc truly rosponsible for violations.
KHVIlJ UKEW UUKK1bHN 5U3 143 1y44 Jun 11+U1 y:1b NO.UU1 N.Ub/16
Memorandum rc: Noise Ordinance
June 12, 2001
Page 2
Technical Standards
The description of the type of sound-measuring equipment that can be used has been
simplified and the qualifications of the equipment operator has is simplified in the proposed ordinance.
The existing definition is very di Moult, if not impossible to comply with, given changes in state
regulations. The simpler description avoids the need to continually monitor state regulations.
Noise Limits
The proposed ordinance creates both a measurable objective standard that requires the use of
sound measuring equipment and a more subjective standard that does not require machinery.
Violating either standard will be a violation. Using only an objective measurable standard makes
enforcement difficult. The person creating the noise can simply stop the activity when someone
approaches with a sound-measuring device and start again when the sound-measuring equipment
leaves. Using two alternative standards allows the City to enforce without sound-measuring
equipment.
The objective standard proposed in the new ordinance does away with the need to measure
for a period of time, The current ordinance allows extremely loud noises to occur intermittently,
which does not seem consistent with the City Council's actual intent. The objective standard that is
proposed is only concerned with the location where the sound is heard. The current ordinance
considers both the location where the sound is heard and the location where the sound is produced.
The subjective standards prohibit noises in noise sensitive units (residences, hotels, schools,
day-cares, churches, hospitals, nursing care centers) that arc "plainly audible" at night (loud enough
that content is communicated) or that are "unnecessarily loud" (interferes with normal spoken
communication or disturbs sloop) at any time.
Prohibit Noises,
The proposed ordinance continues the existing outright ban on the use of "joke brakes"
(exhaust brakes), but allows an exception for emergencies. The ordinance lists types of sounds that
can violate the noise ordinance, but prohibits them only if they exceed the objective or subjective
noise limits. The list is not exclusive - any action that creates a sound in excess of the limit is a
violation, unless it qualities for an exception.
RHMIS CREW CORRIGAN 503 243 2944 Jun 12,U1 13-:1( No.UUl t'.Ubiib
Memorandum re: Noise ordinance-
June 12, 2001
Page 3
Fxcentions
The proposed ordinance contains a list of exceptions. flnlikc the present permit as deeded, if noes
not provide for noise permits. If an activity qualifies for an exception, no the noise levels muRt be complied with. F.xccptions include non-amplified sounds at sporting events,
sounds created by emergency work or emergency warning devices, certain activities during daytime
(licensed demolition and construction, industrial activities, domestic tools, chainsaws), regular traffic,
and community events.
The list of oxccptions is one of the most important parts of the ordinance. By having a fairly
lengthy list of exceptions, the City can avoid the need for a permit process and can set fairly stringent
noise standards. However, by allowing the exceptions, the City accepts that the activities listed on
the exception list may be carried on even if they violate the noise standards in the ordinance. For that
reason, the draft ordinance contains a provision establishing a maximum noise level for some of the
excepted activities.
Because of the importance of the exceptions, we recommend that the City Council consider
each proposed exception carefully and also consider the appropriate hours of operation for those
activities that arc permitted during daylight hours.
" nce
One of the reasons the City originally adopted a measurable objective standard was a concern
that the City would be flooded with unreasonable complaints from people who seek to interfere with
industrial and construction activities that are needed for the economic well-being of the City. The
proposed ordinance recognizes that valid concern and requires evidence from at least two persons
from different households to establish a violation of the subjective standards.
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Affachment 3
TIGARD MUNICIPAL CODE
private property any kind of rubbish, trash,
debris, refuse, or any substance that would mar
the appearance, create a stench or fire hazard,
detract from the cleanliness or safety of the
property, or would be likely to injure a person,
animal, or vehicle traveling upon a public way.
(Ord. 86-20 §4(Exhibit C(5)(6)),1986).
ARTICLE IV. NUISANCES AFFECTING THE
PUBLIC PEACE
(a) Motor vehicles shall operate in a
manner which complies with applicable state
motor vehicle noise regulations.
(b) The idling of engines and auxiliary
equipment on motor vehicles on private property,
which exceed the noise standards specified in
Sections 7.40.170 and 7.40.180, shall not be
permitted for a period greater than five minutes.
(Ord 90-03 §1(part),1990).
7.40.130 Noise-Definitions.
For purposes of this section and Sections
7.40.130 through 7.40.210, the following mean
(a) "Ambient noise" means the all-
encompassing noise associated with a given
environment, being usually a composite of sounds
from many sources, near and far. For the purpose
of this article, ambient noise level is the level
obtained when the noise level is averaged over a
minimum period of fifteen minutes at a specific
location without inclusion of noise from isolated
identifiable sources.
(b) "Commercial land use" means any use
which is a permitted or conditional use in the C-P,
C-G, CBD, and C-N zoning districts, as identified
in Title 18.
(c) "Industrial land use" means any use
which is a permitted or conditional use in the I-P,
I-I_, and I-H zoning districts as identified in Title
18.
(d) "Noise-sensitive land use" means any
portion of a church, children's day care, hospital,
residential group care, school, single or
multifamily dwelling unit, and mobile home that
is intended for living, sleeping or eating. This
definition includes areas or structures such as
yard areas, patios, and garages. (Ord. 96-06; Ord.
90-M §1(part),1990).
7.40.140 Motor vehicle noises.
7.40.150 Jake brakes prohibited.
No person shall operate within the city limits
of the city a motor vehicle exhaust-braking system
commonly known as a "jake brake." For the
purposes of this section, the exceptions set forth in
Section 7.40.190 shall not apply and this section
shall be read as an absolute prohibition of the
operation of such motor vehicle braking systems
within the city. (Ord. 90-03 §51(part),1990).
7.40.160 Noise emanating from certain
. property.
Except as may be expressly allowed pursuant
to the provisions of Sections 7.40.140, 7.40.190 and
7.40.200, no person shall cause or permit noise to
emanate from the property under his or her
control so as to cause the ambient noise level at
the nearest noise sensitive land use to exceed the
levels specified in Sections 7.40.170 and 7.40.180.
(Ord. 90-03 §1(part),1990).
7.40.170 Maximum noise levels.
For the purposes of Sections 7.40.130 through
7.40.200, the maximum noise levels, as measured
pursuant to Section 7.40.180, are set forth in Table
I below.
740-5 SE/Code Update 03100
TIGARD MUNICIPAL CODE
TABLEI
Maximum Noise Levels
Land Use dB Noise Level dB Noise Level
of Source Day (lam 10pm) Night (10v - am)
Noise Sensitive 50 40
Commercial 75 60
Industrial 75 60
"Noise Level" refers to the ambient noise level at
the nearest noise sensitive land use. (Ord. 96-06;
Ord. 90-03 §1(part),1990).
7.40.180 ' Standard for measurement.
(a) Measurements shall be made with a
calibrated sound level meter meeting the
requirements of a Type I or Type 'II meter, as
specified by the American National Standard
Specification for Sound Level Meters (ANSI
Standards 1.4-1971). For purposes of this article, a
sound level meter shall contain at least a
recording calibration curve for an "A" weighing
network, and both fast and slow meter response
capability.
(b) Persons conducting sound level
measurements shall have received training in the
techniques of sound measurement and the
operation of sound measuring instruments from
the Department of Environmental Quality, a
registered acoustical engineer or other competent
body prior to engaging in any enforcement
activity.
The restrictions imposed by Sections 7.40.130
through 7.40.180 shall not apply to the following.
(a) Emergency equipment not operating on
a regular or scheduled basis;
(b) Noise emanating from all public streets
due to sounds created by the tires or motor of
motor vehicles operating in a manner complying
with applicable state motor vehicle noise
regulations;
(c) Sounds originating on construction sites
and reasonably necessary to the accomplishment
of work in progress; provided, however, that no
construction work may be carried out between the
hours of nine p.m. and seven a.m. Monday
through Friday, nine p.m. and eight a.m. on
Saturday, and nine p.m. and nine a.m. on Sunday
except for bona fide emergencies where the public
health or safety is threatened or for which a
special permit, granted by the City Manager or
designee, has first obtained in accordance with the
procedures contained in Section 7.40.200; and
(d) Sounds originating from construction
projects for the purpose of building new or
improving existing public facilities in public right
of way including, but not limited to roads,
bridges, waterlines, and sewers, may be permitted
at any time if an exemption is granted by the City
Manager or designee. An exemption may be
granted only after a noise mitigation plan is
submitted to and approved by the City Manager
or designee which:
(c) Noise measurements shall be taken in
accordance with Chapter 340, Oregon
Administrative Rules, Division 35, Noise Control
Regulations for Industry and Commerce. (Ord 90-
03 §1(part),1990).
7.40.190 Noise-Exemptions to
restrictions.
1. Maps the project noise impacts, and
explains how the impacts will be mitigated.
2. Provides special consideration and
mitigation efforts for noise sensitive land uses.
3. Outlines public notification plans.
4. Provides the City and the public
7-40-6 SFICode Update 03100
TIGARD MUNICIPAL CODE
access to 24-hour telephone contact numbers for
information and complaints related to the project.
Manager or designee if any conditions of the
permit are violated.
(e) Lawn, garden or household equipment
associated with the normal repair, upkeep or
maintenance of property. (Ord. 99-29; Ord. 96-06;
Ord. 90-M §1(part),1990).
7,40.200 Permits required fo- exceeding
allowable noise levels.
(a) The use of amplified voice and music or
creation of noise at iavcls which would otherwise
exceed those permissible under Section 7.40.130
through 7.40.190 may be allowed upon
application to the City Manager or designee.
Application for an amplified sound permit shall
be made to the City Manager or designee on
forms prepared by the city. The applicant shall
identify the date, location and time of the event
for which the permit is sought, and shall provide
an estimate of the duration of the event.
(b) In the case of a series of similar events to
be conducted at the same location, the City
Manager or designee may, at his or her discretion,
issue the permit in a form extending to cover the
entire series.
(c) The City Manager or designee shall
grant a permit in any instance in which the event
and its accompanying noise will not, in his
judgment, interfere unreasonably with the peace
of those likely to be affected by the noise. In
making this judgment, the City Manager or
designee shall take into account the nature of the
surrounding properties and the benefit to the
community of the event for which the application
is made. The permit shall contain a condition
stating that the maximum noise levels permissible
in Table I, shall not be exceeded by more than ten
decibels. The permit may also contain additional
conditions deemed necessary by the City Manager
or designee to protect the peace of those likely to
be affected by the noise. The permit shall be
subject to immediate revocation by the City
(d) The City Manager or designee may
submit any question arising with respect to this
section to the city council, and if any member of
the city council requests its submission to the
council, any such question shall be heard by the
council. In either event, the decision of the city
council shall be final. (Ord. 99-29, Ord. 96-06; Ord.
90-03 §1(part),1990).
ARTICLE VI. VIOLATION-PENALTY
7.40.210 Penalty for chapter violations.
(a) A violation of this chapter shall
constitute a Class 1 civil infraction, which shall be
processed according to the procedures established
in the . civil infractions ordinance, set out at
Chapter 1.16 of this code.
(b) Each violation of a separate provision of
this chapter shall constitute a separate infraction,
and each day that a violation of this chapter is
committed or permitted to continue shall
constitute a separate infraction.
(c) A finding of a violation of this chapter
shall not relieve the responsible party of the duty
to abate the violation. The penalties imposed by
this section are in addition to and not in lieu of
any remedies available to the city.
(d) If a provision of this chapter is violated
by a firm or corporation, the officer or officers, or
person or persons responsible for the violation
shall be subject to the penalties imposed by this
chapter. (Ord. 99-01; Ord. 90-03 §1(part),1990).®
7„40-7 SFICode Update 03100
'1 n ` - - I1 ( Attachment 4
l.V~ v C I
CITY OF TIGARD, OREGON
ORDINANCE NO. 01- 13
AN ORDINANCE REPEALING SECTIONS 7.40.130 THROUGH 7.40.200 OF THE
TIGARD MUNICIPAL CODE AND ADDING NEW SECTIONS 7.40.130, 7.40.140, 7.40.150,
7.40.160, 7.40.170, 7.40.180, 7.40.190 AND 7.40.200 TO THE TIGARD MUNICIPAL CODE.
WHEREAS, the Tigard Noise Ordinance, TMC Chapter 7.40, Article IV, has become difficult
to administer for various reasons including changes in state regulation;
WHEREAS, the City's experience in attempting to enforce the Noise Ordinance has demonstrated
that a more flexible system of ensuring.that the citizens of the City of Tigard are not subjected to
unnecessarily loud noise is needed;
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. The Tigard Municipal Code Sections 7.40.130, through 7.40.200 are repealed.
SECTION 2. The Tigard Municipal Code Chapter 7.40, Article IV, is amended by adding the
following sections:
SECTION 3. This ordinance shall be effective 30 days after its passage by the Council,
signature by the Mayor, and posting by the City Recorder.
7.40.130 Prohibition on Excessive Noises.
No person shall make, assist in making, permit, continue, or permit the continuance of, any
noise within the City of Tigard in violation of this article. No person shall cause or permit
any noise to emanate from property under that person's control in violation of this article.
7.40.140 Sound Measurement.
A. While sound measurements are not required for the enforcement of this article, should
measurements be made, they shall be made with a sound level meter. The sound
level meter: 10
Shall be an instrument in good operating condition, meeting the requirements
of a Type I or Type II meter;
2. Shall contain at least an A-weighted scale, and both fast and slow meter
response capability.
ORDINANCE No. 01--
Page 1
B. If measurements are made, the person making those measurements shall have
completed training in the use of the sound level meter, and shall use measurement
procedures consistent with that training.
7.40.150 Definitions.
As used in this Article:
A. "Noise-sensitive unit" shall include any building or portion of a building containing
a residence, place of overnight accommodation, church, day care center, hospital,
school, or nursing care center. For the purpose of this definition, "residence" and
"overnight accommodation" does not include living/sleeping quarters of a caretaker
or watchperson on industrial or commercial property provided by .the owner or
operator of the industrial or commercial facility.
B. "Plainly audible" means any sound for which the information content of that sound
is unambiguously communicated to the listener, such as, but not limited to,
understandable spoken speech, comprehensible musical rhythms or vocal sounds.
C. "Unnecessarily loud" means any sound that interferes with normal spoken
communication or that disturbs sleep.
D. "City Manager" means the City Manager or designee.
7.40.160 Noisy Limits
It is unlawful for any person to produce, or permit to be produced, sound which:
A. When measured at the boundary of or within a property on which a noise sensitive
unit, not the source of the sound, is located, exceeds:
1. Forty dB at any time between nine p.m. and seven am. the following day; or
2. Fifty dB at any time between seven am. and nine p.m. the same day; or
_ Is plainly audible at any time between nine p.m. and seven a.m. the following
day within a noise-sensitive unit which is not the source of sound; or
• p$. Is unnecessarily loud within a noise-sensitive unit which is not the source of
the sound.
J'.D. When measured at or within the boundary of or within a property on which no noise
sensitive unit is located, and the noise originates from outside the property, if the
noise level exceeds:
I
ORDINANCE No. 01
Page 2
V.
1. Sixty dB at any time between nine p.m. and seven a.m. of the following day,
or
2.. Seventy-five dB at any other time.
4t If within a park, street or other public place, is unnecessarily loud at a distance of 100
feet.
7.40.170 Prohibited Noises
A. The use of exhaust brakes (fake brakes), except in an emergency, is prohibited at all
times within the City, regardless of noise level.
B. Except as provided in Section 7.40.180, the following acts are violations of this
chapter if they exceed the noise limits specified in Section 7.40.160:
1. The sounding of any horn or signal device or any other device on any
automobile, motorcycle, truck, bus or other vehicle while in motion, except
as a danger signal.
2. The operation of sound-producing devices such as, but not limited to, musical
instruments, loudspeakers, amplifying devices, public address systems,
radios, tape recorders and/or tape players, compact disc players, phonographs,
television sets and stereo systems, including those installed in or on vehicles.
3. The operation of any gong or siren upon any vehicle, other than police, fire
or other emergency vehicle, except during sanctioned parades.
4. The use of any automobile, motorcycle or other vehicle so out of repair or in
such a manner as to create loud or unnecessary sounds, grating, grinding,
rattling or other noise.
5. The keeping of any animal or bird that creates noise in excess of the levels
specified in Section 7.40.160.
6. The operation of air conditioning or heating units, heat pumps, refrigeration
units, (including those mounted on vehicles) and swimming pool or hot tub
pumps.
7. The erection (including excavation), demolition, alteration or repair of any
building, except as allowed under Sections 7.40.180E and F.
8. The use or creation of amplified sound in any outdoor facility.
ORDINANCE No. 01-_
Page 3
r
9. Any other action that creates or allows sound in excess of the level allowed
by Section 7.40.160.
7.40.180 Exceptions
The following shall not be considered violations of this article, even if the sound limit
specified in Section 7.40.160 is exceeded:
A. Non-amplified sounds created by organized athletic or other group activities, when
such activities are conducted on property generally used for such purposes, such as
stadiums, parks, schools, and athletic fields, during normal hours for such events.
B. Sounds caused by emergency work, or by the ordinary and accepted use of
emergency equipment, vehicles and apparatus, regardless of whether such work is
performed by a public or private agency, or upon public or private property.
C. Sounds caused by bona fide use of emergency warning devices and alarm systems.
D. Sounds regulated by federal law, including, but not limited to, sounds caused by
railroads or aircraft.
E. Sounds caused by demolition activities when performed under a permit issued by
appropriate governmental authorities and only between the hours of seven a.m. and
nine p.m. Monday through Friday and eight a.m. and nine p.m. on Saturday and
Sunday.
F. Sounds caused by industrial, agricultural or construction activities during the hours
of seven a.m. to nine p.m. Monday through Friday, and eight a.m. to nine p.m. on
Saturday and Sunday.
G. Sounds caused by regular vehicular traffic upon premises open to the public in
compliance with state law. Regular vehicle traffic does not include a single vehicle
that creates noise in excess of the standard set forth in Section 7.40.160.
H. Sounds caused by air-, electrical- or gas- driven domestic tools, including, but not
limited to, lawn mowers, lawn edgers, radial arm, circular and table saws, drills, and
or other similar lawn or construction tools, but not including tools used for vehicle
repair, during the hours of seven a.m. to nine p.m., Monday through Friday and eight
a.m. to nine p.m. on Saturday and Sunday.
1. Sounds caused by chainsaws, when used for pruning, trimming or cutting of live trees
between the hours of seven a.m. and nine p.m. Monday through Friday and eight am.
and nine p.m. on Saturday and Sunday, and not exceeding two hours in any
twenty-four-hour period.
ORDINANCE No. 01-_
Page 4
4 .
J. Sounds created by community events, such as parades, public fireworks displays,
street fairs, and festivals that the City Manager or designee has determined in writing
to be community events for purposes of this section. The City Manager's decision
shall be based on the anticipated number of participants or spectators, the location of
the event and other factors the City Manager determines to be appropriate under the
circumstances.
K. Sounds made by legal fireworks on the third of July, Fourth of July, and the Friday
and Saturday during the weekend closest to the Fourth of July of each year, between
the hours of seven a.m. and eleven p.m.
L. Sounds made between midnight and 12:30 a.m. on January 1 of each year.
M. Sound originating from construction projects for public facilities within rights of way
pursuant to a noise mitigation plan approved by the City Manager. The noise
mitigation plan must:
1. Map the project noise impacts and explain how the impacts will be mitigated;
2. Provide special consideration and mitigation efforts for noise sensitive units;
3. Outline public notification plans;
4. Provide a 24-hour telephone contact number for information and complaints
about the project.
The City Manager may approve a noise mitigation plan only if the City Manager
determines that the noise mitigation plan will prevent unreasonable noise impacts.
7.40.190 Maximum Limit for Certain Activities
Notwithstanding Section 7.40.180, the creation of noise by any activity subject to the
exceptions listed in Sections 7.40.180E, F, H. or I, in excess of 85 dB measured on property
on which a noise sensitive use is located, for more than 5 minutes in any calendar day shall
be a violation.
7.40.200 Evidence
In any civil infraction action based on a violation of the limits set forth in Sections
7.40.160; 7.40.160C1O or 7.40.160 9, the evidence of at least persons from
different households, shall be required to establish a violation. Any police or code
enforcement officer or other City employee who witnessed the violation shall be counted as
a witness for purposes of the b witness requirement. The City may ask an alleged
violator to enter in to a voluntary compliance agreement based on a single complaint or
single witness.
ORDINANCE No. 01-_
Page 5
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
[AcurplnMick%council iternANoise Ordinance 9-25-0 Ldoc
6-Scp-01
ORDINANCE No. 01-_
Page 6
Attachment 5
7072 SW Barbara Lane
RECEIVED C.O.T. Tigard, OR 97223
MG 01 2001 503452-0652
July 30, 2001
Mayor & City Council Adminlstra 1011
13125 SW Hall Blvd.
Tigard, OR 97223
I'm writing to you about the new noise ordinance that the city is currently creating. I was at
the recent city council meeting regarding the new ordinance, and I'm concerned about a particular
issue that came up.
The issue I'm concerned about is the number of witnesses (or complainants) required to
trigger the ordinance. There was a discussion about requiring more than one witness, so that the
city would not be dragged into irrational disputes between neighbors. I understand this and agree
that it's a valid concern. There was talk about requiring that the hvo witnesses be from different
families, something else that I think would be a good idea.
But then the discussion moved on to requiring three witnesses, each from a different family. I
believe that this requirement would set the bar too high. I can readily envision situations where a
bad noise violation is going on and three witnesses from separate families are not available.
So I propose requiring either of the following:
• two witnesses, at least one of whom is a police officer, or
• three witnesses if none of them are police officers
I think that this would address the council's concern about not empowering false accusations
while still enabling valid complaints. Tigard police officers are trusted professionals, and
testimony by them can be relied upon to be true and accurate.
Yours truly,
Michael Trigoboff
OREGON
August 1, 2001
Mr. Michael Trigoboff
7072 SW Barbara Lane
Tigard, OR 97223
Dear Mr. Trigoboff:
1 received your duly 30, 2001, letter to the Mayor and City Council detailing your
concerns about the proposed changes to the noise ordinance. The Council is tentatively
scheduled to conduct a public hearing regarding the noise ordinance on August 28,
2001. Your letter will be forwarded to the City Councilors for consideration prior to this
meeting..
Should you have any questions, you may contact me at 503-639-4171, x382.
Sincerely,
Greer A. Gaston
Deputy City Recorder
c: Community Development
I:WDM%GREER%ACKNO\TRIGOBOFF.DOC
13125 SW Hail Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
(Changes recommended to address Councilor Patton's concerns are denoted by
an underline for added language and a strikethrough for deleted language):
7.40.160 Noise Limits
it is unlawful for any person to produce, or permit to be produced, sound which:
A. When measured at the boundary of or within a property on which a noise
sensitive unit, not the source of the sound, is located, exceeds:
1. Forty dB at any time between nine p.m. and seven a.m. the
following day; or
2. Fifty dB at any time between seven a.m. and nine p.m. the same
day; or
3.B. Is plainly audible at any time between nine p.m. and seven a.m. the following day
within a noise-sensitive unit which is not the source of sound; or
4-C. Is unnecessarily loud within a noise-sensitive unit which is not the source of the
sound.
B-D. When measured at or within the boundary of or within a property on
which no noise sensitive unit is located, and the noise originates from
outside the property, if the noise level exceeds:
1. Sixty dB at any time between nine p.m. and seven a.m. of the
following day, or
2. Seventy-five dB at any other time.
QE. If within a park, street or other ~ iblic place, is unnecessarily loud at a
distance of 100 feet.
I:\ADM\CATHY\SEPT 25 MINUTES CLARIFIED.DOC
AGENDA ITEM # / Z
FOR AGENDA OF September 25, 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Ordinance Amending ClgRter 2.09 of the Tigard Municipal Code - Building
Appeals Board n „
PREPARED BY: Gary Lampella DEPT HEAD OK (fjtITY MGR OK
ISSUE BEFORE THE COUNCIL
An Ordinance amending Chapter 2.09 of the Tigard Municipal Code, reducing the number of Building Appeals
Board members from fourteen to seven, making the Board more functional and easier to convene.
STAFF RECOMMENDATION
Approve the Ordinance to reduce the number of members in Section 2.09.020 of the TMC, delete Sections E and I
in Section 2.09.030, and re-lettering the remaining sections as shown on "Exhibit A".
INFORMATION SUMMARY
On October 10, 1995, Ordinance No. 95-21 was enacted by Council adding Chapter 2.09 to the TMC, which
established a fourteen-member 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.
The size of the Building Appeals Board makes it difficult to convene meetings and gain group consensus. The
reduction in the number of members will greatly enhance the ability to meet and discuss any appeal.
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/A
ATTACHMENT LIST
Attachment #1 - Ordinance amending Chapter 2.09 of the Tigard Municipal Code
"Exhibit A" - Amended Chapter 2.09 of the TMC
FISCAL NOTES
N/A