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City Council Packet - 08/27/2002()ri;2 I A a), 17 L!olg 4,tV101 -k'. TIGARD CITY COUNCIL MEETING AUGUST 27, 2002 COUNCIL MEETING WILL BE TELEVISED RUEANNIEMOCSIMPKTI 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 CITY OF TIGARD OREGON PUBLIC NOTICE: Anyone wishing to speak on an agenda Item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are -es-timn-ate-d-, it is recommended that persons. interested in testifying be present by 7:15 p.m. to sign In on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 n.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 JDD - 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 0 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 JDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - August 2 7, 2002 page I AGENDA TIGARD CITY COUNCIL MEETING August 27, 2002 6:30 PM 0 STUDY SESSION UPDATE - WATER ISSUES 4- Councilor Patton UPDATE - RANDALL GRANT PROGRAM City Administration Staff 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. 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. 7:30 PM I BUSINESS MEETING 1.1 Call to Order - City Council ax Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 8T Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. CERTIFICATE OF RECOGNITION - COUNCILOR JOYCE PATTON Presentation by Mayor Griffith 7:40 PM 3. MAYORS'PINEWOOD DERBY Announcement by Mayor Griffith 7:45 PM 4. VISITOR'S AGENDA (Two Minutes or Less, Please) COUNCIL AGENDA - August 27,2002 page 2 7:50 PM 5. 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: 5.1 Approve Council Minutes: August 13, 2002 5.2 Approve Amendment to Municipal Court judge Michael 1. O'Brien's Personal Services Contract Consent Agenda - Items Removed for S?Rarate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:55 PM 6. CONSIDER AMENDMENT TO CHAPTER 12.02 (SANITARY SEWER AND SURFACE WATER MANAGEMENT) OF THE TIGARD MUNICIPAL CODE MAKING APPROPRIATE NAME AND TITLE CHANGES a. Staff Report: Finance Staff b. Council Discussion C. Council Consideration: Ordinance No. 02- 8:00 PM 7. CONSIDER AMENDMENT TO CHAPTER 12.03 (BILLING AND COLLECTION OF UTILITY CHARGES) OF THE TIGARD MUNICIPAL CODE CLARIFYING PROCEDURES IN THE COLLECTION OF UTILITY CHARGES AND MAKING APPROPRIATE NAME AND TITLE CHANGES a. Staff Report: Finance b. Council Discussion C. Council Consideration: Ordinance No. 02- 8:05 PM 8. CONSIDER GRANTING A TELECOMMUNICATIONS FRANCHISE TO TIME WARNER TELECOM OF OREGON LLC a. Staff Report: Finance Staff b. Council Discussion C. Council Consideration: Ordinance No. 02- 8:10 PM 9. CONSIDER INCREASING, ADDING, AND ELIMINATING CERTAIN WATER CHARGES BY AMENDING EXHIBIT A TO RESOLUTION NO. 02-06 a. Staff Report: Finance Staff and Public Works Staff b. Council Discussion C. Council Consideration: Resolution No. 02- COUNCIL AGENDA - August 2 7, 2002 page 3 8:15 PM 10. CONSIDER AMENDMENT TO CHAPTER 12.10 (WATER SYSTEM RULES ex REGULATIONS) OF THE TIGARD MUNICIPAL CODE (TMC) UPDATING SEVERAL PROVISIONS OF WATER SERVICE TO ALIGN TIVIC REQUIREMENTS WITH CURRENT UTILITY SERVICE PRACTICES AND OTHER TMC PROVISIONS a. Staff Report: Public Works Staff b. Council Discussion C. Council Consideration: Ordinance No. 02- 8:20 PM 11. PUBLIC HEARING TO CONSIDER AUTHORIZATION OF THE ISSUANCE AND SALE OF THE CITY OF TIGARD'S GENERAL OBLIGATION BOND AND GENERAL REFUNDING BOND TO THE. QREGON ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT TO FINANCE THE COSTS OF THE NEW TIGARD LIBRARY a. Open Public Hearing b. Summation by Finance Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing 9. Council Consideration: Resolution No. 02 - 8:40 PM 12. COUNCIL AS LOCAL CONTRACT REVIEW BOARD TO CONSIDER THE AWARD OF THE CONTRACT FOR ARCHITECTURAL AND DESIGN SERVICES FOR THE NEW TIGARD LIBRARY a. Staff Report: Engineering Staff b. Board Discussion C. Board Consideration: Motion to award the contract. 8:50 PM 13. CONTINUATION OF PUBLIC HEARING (QUASI-] UDICIAL) FROM JULY ?3, 2002 - CONSIDER AN ORDINANCE TO EXEMPT PROPERTIES THAT A ~E ZONED MUR I OR 2 THAT WERE ZONED COMMERCIAL PRIOR TO MAR(H 28, 2002, FROM MEETING CERTAIN REQUIREMENTS BEFORE BEING PERMITTED TO HAVE A COMMERCIAL USE REQUEST: The request Is to modify the existing Development Code language to exempt properties that were zoned commercial prior to March 28, 2002 from being COUNCIL AGENDA - August 2 7, 2002 page 4 required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. There are 10 parcels (5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption will apply to and are Impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable In determining target capacity numbers for the Regional Center, therefore, the number of units that would be lost If no residential use were constructed on these lots Is approximately 42 units (If minimum densities were constructed). LOCATION: The Washington Square Regional Center area Is bounded generally by Fanno, Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tall Golf Course to the north, and Highway 217, Including the Ash Creek area on the southern border. The MUR I and 2 zones are located within the Regional Center, generally west of Hall Blvd and east of Ash Creek. ZONE: Mixed Use Residential (MUR) 1 SZ2. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9, and 10; and Metro Functional Plan Titles I and 7. a. Open Public Hearing - Continued from July 23, 2002 b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony Proponents Opponents Rebuttal e. Staff Recommendation f. Council Questions 9. Close Public 'clearing h. Council Consideration: Ordinance No. 02- 9:00 PM 14. CONSIDER POLICY DIRECTION FOR BULL MOUNTAIN ANNEXATION a. Staff Report- Community Development Staff b. Council Discussion C. Council Consideration: Resolution No. 02- COUNCIL AGENDA - August 2 7, 2002 page 5 9:30 PM 15. CONSIDER RENEWAL OF THE INTERGOVERNMENTAL AGREEMENT WITH WASHINGTON COUNTY FOR THE CITY OF TIGARD TO PROVIDE PLANNING-, BUILDING-, AND ENGINEERING-RELATED SERVICES TO THE URBAN SERVICES AREA a. Staff Report: Community Development Staff b. Council Discussion C. Council Consideration: Motion to authorize the Mayor to sign the Urban Services Intergovernmental Agreement between the City of Tigard and Washington County, amending and extending the agreement for five years. 9:40 PM 16. COUNCIL LIAISON REPORTS 9:45 PM 17. NON AGENDA ITEMS 9:50 PM 18. 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. 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 19. ADJOURNMENT 1AADMXCATHYACCA%020827.D0C W COUNCIL AGENDA - August 27,2002 page 6 '4 'W A. JLUUY ac"lull > UPDATE - WATER ISSUES Councilor Patton UPDATE - RANDALL GRANT PROGRAM City Administration Staff Administrative Items - Update on Rall-Voludon - Discuss public testimony regarding Policy. Direction For Bull Mountain Annexation, Item 14 - Update on Council candidates Executive Session The Tigard City Council may go Into Executive Session. If an Executive Session Is called to order, the appropriate ORS dtadon will be announced Identifying the, applicable statute. All discussions are confldendal 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 flnal action or making any flnal decision. Executive Sessions are closed to the public 1:\ADMCATHY%COUNCILICCUST\020827.DOC > 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 dellned as uany meeting or part of a meeting of a governing body, which Is closed to certain persons for dellberadon on certain matters." Permissible Purposes for Executive Sessions: 192.660 (1) (a) - Employment of public officers, employees and agents, If the body has satisiled certain prerequisites. 1 92.660 (1) (b) Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (1) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (1) (d) - Labor negotiations. (News media can be excluded In this Instance.) 192.660 (1) (e) - Real property transaction negotiations. 192.660 (1) M - Exempt public records - to consider records that are "exempt by law from public Inspection." These records are specifically Idendfled In the Oregon Revised Statutes. 192-660 (1) (g) - Trade negotiations - Involving matters of trade or commerce In which the governing body Is competing with other governing bodies. 192.660 (1) (h) - Legal counsel - Executive session are appropriate for consultation with counsel concerning legal rights and dudes regarding current litigation or litigation likely to be f1led. 192.660 (1) (1) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used In evaluating chief executive officers shall be adopted by the governing body In meetings open to the public In which there has been an opportunity Ibr public commenL 192.660 (1) Public Investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public Investments. 192.660 (1) (k)- Relates to health professional regulatory board. . I I 1:\ADMCATH'ACOUNCIL\CCLIST\020827.DOC Agenda item No. 4,1 Meeting of COUNCIL MINUTES TIGARD CITY COUNCIL MEETING August 27, 2002 Mayor GrIff1th called the meeting to order at 6:33 p.m. Council Present: Mayor Griffith; Councilors Dirksen, Patton, and Scheckla 0 STUDY SESSION > UPDATE - WATER ISSUES Councilor Par-on updated Council on the status of the following activities regarding water supply and service: Bull Run Drinking Water Agency A public hearing was held last Thursday before the Policy Steering Committee on the draft principles of an agreement for a Bull Run Drinking Water Agency. Councilor Patton noted there was a limited amount of public testimony with some concerns expressed about whether this agency would be the appropriate mechanism to provide regional water services. It is anticipated that the Policy Steering Committee will finalize the principles of agreement and four technical policy papers by the end of September. Once these items are completed, they will be forwarded to each participating jurisdiction to review. ]urisdictions will then develop their own public involvement process. Draft financial numbers were distributed at the last meeting for each jurisdiction for a 20-year planning cycle. This Information will need to be reviewed by staff and Councilor Moore (newly appointed water-issue Council liaison) and then distributed to Council. Each jurisdiction will review the principles of agreement, develop a public Involvement process and then deten-nine whether to go forward with membership In the Drinking Water Agency. Councilor Patton expects that some of the jurisdictions currently involved may drop out quickly. She said she would like to see Tigard remain In the process, but said It would be best If Tigard could be the last agency to decide whether to move forward with the Agency because the financial numbers will be more firm. The current estimates for a long-term COUNCIL MEETING MINUTES - August 27, 2002 page I water source for Tigard are not unrealistic advised Councilor Patton. As a member of the Agency, Tigard would be able to buy ownership Into the Agency. Councilor Patton suggested It might be better to develop a buy-in scenario based on a shorter capital Improvement program (CIP) period of 5, 10 or IS years (draft numbers are now based on a 20-year CIP). City Attorney Ramis advised that Tigard would ultimately be given some sort of option as to what degree Tigard will want to buy-in. After the statement of the principles of agreement has been finalized, the next step will be to develop and approve a detailed contract for participating jurisdictions. Participating jurisdictions will not receive water rights; those will stay with Portland. However, Portland will contractually provide all the legal rights jurisdictions will need as partners. ]oInt Water Commission Clean Water Services has a significant role in the feasibility study process. The biggest problem at this time is the lack of federal funding, which is slowing down the project. It Is hoped that the timeline can be followed; however additional funds will be needed from participating jurisdictions. Assistant Public Works Director Koellermeler explained that if the partners pick up the federal funding anticipated to be allocated in the future, then the partners would be -reimbursed when the funding Is received. More information will be presented to the Council on this matter next month. The study is focused on the feasibility of raising Scoggins Dam. There has been an active public involvement process with neighbors of Hagg Lake (Scoggins Dam); the reception has been positive. k.). Water Supply Plan The Water Supply Plan Is updated every five years. Councilor Patton referred to information distributed to the City Council, Including a questionnaire regarding conservation and Its role in the future of water supply. Council members were asked to take a few minutes to fill out the survey. The update should be completed by summer/fall 2003. COUNCIL MEETING MINUTES - August 27, 2002 page 2 4. Aquifer Storage Recovery (ASR) Assistant Public Works Director Koellermeler advised that the ASR project Is going exceptionally well. Tigard has been using water from the wells since ]uly I and will continue to do so until the end of September. Long-Ten-n Water Contract with Portland Assistant Public Works Director Koellermeier reported that a comparison would be done for continued costs associated with continuing a long-terrn contract compared to a contractual bupin In an agency. Councilor Patton added that an interim wholesale contract would be needed even If the Council determInes to proceed with the buy-in option. UPDATE - RANDALL GRANT PROGRAM Assistant to the City Manager Newton reviewed the status of this Item. The City was awarded $10,667.99 from the Department of justice for reimbursement of 50 percent of the cost of bulletproof vests. Randall Identified the grant opportunity and prepared the grant on behalf of the City. The City has requested assistance from Randall to pursue funding through the Meyer Memorial Trust for Improvements to the open space portion of the new library site for an environmental educational component. Also, the City's contact at Randall has Identified new federal legislation that may be a source for funding mobile data terminals for the police. Funding may also be available, due to support from Senators Wyden and Smith and Congressman Wu, for a Tualatin River pedestrian bridge. ADMINISTRATIVE ITEMS Assistant City Manager Newton advised that Washington County offlcials Tom Brian and Dennis Mulvihill would be attending the upcoming Rall-Volution Conference in Washington D.C. Assistant to the City Manager Newton advised there might be people attending tonight's business meeting who will want to comment on Agenda Item No. 14 regarding the proposed Bull Mountain Annexation policy direction. This is not a public hearing; there will be a public Information and Involvement plan developed If Council adopts the proposed resolution. After discussion, It was determined that If people are present to comment on this matter, that they may do so when the Council Is reviewing the Item (No. 14). Public comments are to be limited to the Issue before the'Council, which Is a proposed COUNCIL MEETING MINUTES -August 27, 2002 page 3 resolution directing staff to proceed with preparation of an annexation plan In coordination with Washington County for the November 2003 ballot. Pending completion of the nomination process, there are three candidates for the two available Council positions that will appear on the November 5, 2002 ballot. Those candidates are: Mark Mahon, Sydney Sherwood and Nick Wilson. There is one mayoral candidate: Jim Griffith. Ms. Newton advised a candidate's forum Is scheduled for the October 3 Citizen Involvement Team (CIT) meeting. * EXECUTIVE SESSION: Not held Meeting recessed at 7:24 p.m. 1 BUSINESS MEETING 1.1 Mayor Griffith called the City Council & Local Contract Review Board meeting to order at 7:34 p.m. 1.2 Council Present: Mayor Griffith; Councilors, Dirksen, Patton, and Scheckla. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. CERTIFICATE OF RECOGNITION - COUNCILOR 3OYCE PATTON Mayor Grifflth presented a certificate of recognition to Councilor Patton for outstanding service to the community. Counclior Patton is moving from the City of Tigard and submitted a letter of resignation effective September 1, 2002. Councilor Patton noted that it has been an honor to serve the citizens of Tigard. Councilor Scheckla thanked Councilor Patton for her contributions as a member of the committee that provides Tigard citizens with the 41 of July celebration. Councilor Dirksen noted his appreciation of the efforts and guidance provided by Councilor Patton. Curtis Tigard, Sue Kasson, and Lorin Hoklin thanked Councilor Patton for her contributions as a member of the New Library Construction Committee. Her assistance was instrumental in attaining voter approval of the new library building. Assistant to the City Manager Newton thanked Councilor Patton for her help with reviewing contracts and the work she provided on the Tigard Beyond Tomorrow visioning project. COUNCIL MEETING MINUTES -August 27, 2002 page 4 3. MAYORS'PINEWOOD DERBY Mayor Griffith urged people to attend the Mayors' Pinewood Derby contest at the Rose Garden on September 7, 2002, 8:30 a.m. About 30-area mayors are participating with the Cub Scouts. 4. VISITOR'S AGENDA Individuals who had signed in on the Visitor's Agenda indicated they wanted to speak to the City Council about Agenda Item No. 14. The Mayor advised they would be allowed to speak at the time the Council reviewed this agenda Item; although this Is not a public hearing. Comments should pertain to what Is before the Council for review. S. CONSENT AGENDA: Motion by Councilor Scheckla, seconded by Councilor Patton, to adopt the Consent Agenda. 5.1 Approve Council Minutes: August 13, 2002 5.2 Approve Amendment to Municipal Court judge Michael 1. O'Brien's Personal Services Contract - Resolution No. - 02-51 The motion was approved by a unanimous vote of Council present: Mayor Griffith Yes Councilor Dirksen Yes Councilor Patton Yes Councilor Scheckla Yes 6. CONSIDER AMENDMENT TO CHAPTER 12.02 (SANITARY SEWER AND SURFACE WATER MANAGEMENT) OF THE TIGARD MUNICIPAL CODE MAKING APPROPRIATE NAME AND TITLE CHANGES Finance Director Prosser who characterized the proposed amendments as "housekeeping" presented the Staff Report. Motion by Councilor Dirksen, seconded by Councilor Patton, to adopt Ordinance No. 02-28. ORDINANCE NO. 02-28 - AN ORDINANCE AMENDING CHAPTER 12.02 (SANITARY SEWER AND SURFACE WATER MANAGEMENT) OF THE TIGARD MUNICIPAL CODE MAKING APPROPRIATE NAME AND TITLE CHANGES. COUNCIL MEETING MINUTES - August 27,2002 page 5 The motion was approved by a unanimous vote of Council present: Mayor Griffith Yes Councilor Dirksen Yes Councilor Patton Yes Councilor Scheckla Yes 7. CONSIDER AMENDMENT TO CHAPTER 12.03 (BILLING AND COLLECTION OF UTILITY CHARGES) OF THE TIGARD MUNICIPAL CODE CLARIFYING PROCEDURES IN THE COLLECTION OF UTILITY CHARGES AND MAKING APPROPRIATE NAME AND TITLE CHANGES Finance Director Prosser reported on this agenda item. He advised that the proposed ordinance amendment would update the procedures in collection of utility charges to reflect current practices. He reviewed several of the changes, which are outlined in the staff report, which is on flie in the City Recorder's office. The Intergovernmental Water Board has reviewed the proposed amendments and recommends adoption. Motion by Councilor Scheckla, seconded by Councilor Dirksen, to adopt Ordinance No. 02-29. ORDINANCE NO. 02-29 - AN ORDINANCE AMENDING CHAPTER 12.03 (BILLING AND COLLECTION OF UTILITY CHARGES) OF THE TIGARD MUNICIPAL CODE CLARIFYING PROCEDURES IN THE COLLECTION OF UTILITY CHARGES AND MAKING APPROPRIATE NAME AND TITLE CHANGES The motion was approved by a unanimous vote of Council present: Mayor Griffith Yes Councilor Dirksen - Yes Councilor Patton - Yes Councilor Scheckla - Yes 8. CONSIDER GRANTING A TELECOMMUNICATIONS FRANCHISE TO TIME WARNER TELECOM OF OREGON LLC Finance Director Prosser reported on this agenda item. He reviewed the highlights of the proposed ordinance and franchise agreement as outlined in the staff report, which is on file in the City Recorder's office. COUNCIL MEETING MINUTES - August 27, 2002 page 6 Motion by Councilor Patton, seconded by Councilor Dirksen, to adopt Ordinance No. 02-30. ORDINANCE 02-30 - AN ORDINANCE GRANTING TO TIME WARNER TELECOM OF OREGON LLC A FRANCHISE TO CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD, OREGON, INCLUDING THE RIGHT TO PLACE POLES, WIRES, AND OTHER APPLIANCES FOR TELECOMMUNICATION PURPOSES IN THE PUBLIC RIGHTS OF WAY; AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT The motion was approved by a unanimous vote of Council present. Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Patton - Yes Councilor Scheckla - Yes 9. CONSIDER INCREASING, ADDING, AND ELIMINATING CERTAIN WATER CHARGES BY AMENDING EXHIBIT A TO RESOLUTION NO. 02-06 Finance Director Prosser reported on this agenda item. He noted the changes to the Exhibit A were reviewed by the Intergovernmental Water Board, which recommended the changes be made as presented. Motion by Councilor Patton, seconded by Councilor Scheckla, to adopt Resolution No. 02-52. RESOLUTION NO. 02-52 - A RESOLUTION AMENDING RESOLUTION 02- 06 BY AMENDING EXHIBIT A THERETO AND INCREASING, ADDING, AND ELIMINATING CERTAIN WATER CHARGES The motion was approved by a unanimous vote of Council present: Mayor Grifflth - Yes Councilor Dirksen - Yes Councilor Patton - Yes Councilor Scheckla - Yes 10. CONSIDER AMENDMENT TO CHAPTER 12.10 (WATER SYSTEM RULES ez REGULATIONS) OF THE TIGARD MUNICIPAL CODE (TMQ UPDATING SEVERAL PROVISIONS OF WATER SERVICE TO ALIGN TIVIC COUNCIL MEETING MINUTES - August 27,2002 page 7 REQUIREMENTS WITH CURRENT UTILITY SERVICE PRACTICES AND OTHER TMC PROVISIONS Assistant Public Works Director Koellermeler presented the staff report. Staff recommended that the Council amend the TMC to update several provisions of water service to align municipal code requirements with current utility service practices and other TMC provisions. Motion by Councilor Patton, seconded by Councilor Dirksen, to adopt Ordinance No. 02-31. ORDINANCE NO. 02-31 - AN ORDINANCE AMENDING CHAPTER 12.10 WATER SYSTEMS RULES AND REGULATIONS OF THE TIGARD MUNICIPAL CODE The motion was approved by a unanimous vote of Council present. Mayor Griffith Yes Councilor Dirksen - Yes Councilor Patton - Yes Councilor Scheckla - Yes 11. PUBLIC HEARING TO CONSIDER AUTHORIZATION OF THE ISSUANCE AND SALE OF THE CITY OF TIGARD'S GENERAL OBLIGATION BOND AND GENERAL REFUNDING BOND TO THE OREGON ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT TO FINANCE THE COSTS OF THE NEW TIGARD LIBRARY a. Mayor Griffith opened the public hearing. b. Finance Director Prosser presented the staff report. Mr. Prosser explained the background with regard to the need to issue a City of Tigard general obligation bond and a general refunding bond to the Oregon Economic and Community Development Department. Bonds will be available to the public through the Oregon Bond Bank. Information about the bonds is available on the City's web site: wwwxi.figard.onus. C. There was no public testimony. d. Staff recommended that the City Council adopt the proposed resolution. e. Mayor Griffith closed the public hearing. COUNCIL MEETING MINUTES - August 27, 2002 page 8 Motion by Councilor Patton, seconded by Councilor Dirksen, to adopt Resolution No. 02-53. RESOLUTION NO. 02-53 - A RESOLUTION OF THE CITY OF TIGARD AUTHORIZING THE ISSUANCE AND SALE OF ITS GENERAL OBLIGATION BOND AND GENERAL OBLIGATION REFUNDING BOND TO THE OREGON ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT The motion was approved by a unanimous vote of Council present. Mayor Griffith Yes Councilor Dirksen - Yes Councilor Patton - Yes Councilor Scheckla - Yes 12. COUNCIL AS LOCAL CONTRACT REVIEW BOARD TO CONSIDER THE AWARD OF THE CONTRACT FOR ARCHITECTURAL AND DESIGN SERVICES FOR THE NEW TIGARD LIBRARY City Engineer Duenas presented the staff report and recommended that the Board approve award of a contract in the amount of $999,600 for architectural/engineering services for the new Tigard library to SRG Partnership, PC. Three members of the team from SRG (Skip Stanaway, ]on Schleuning, and Laura Hill) were present and noted how they were looking forward to working on the project. Motion by LCRB Board Member Dirksen, seconded by LCRB Board Member Scheckla, to approve award of a contract in the amount of $999,600 and authorize the City Manager to sign the contract. The motion was approved by a unanimous vote of Board Members present: Board Chair Griffith - Yes Board Member Dirksen - Yes Board Member Patton - Yes Board Member Scheckla - Yes 13. CONTINUATION OF PUBLIC HEARING (QUASI-JUDICIAL) FROM JULY 23, 2002 - CONSIDER AN ORDINANCE TO EXEMPT PROPERTIES THAT ARE ZONED MUR I OR 2 THAT WERE ZONED COMMERCIAL PRIOR TO MARCH 28, 2002, FROM MEETING CERTAIN REQUIREMENTS BEFORE BEING PERMITTED TO HAVE A COMMERCIAL USE COUNCIL MEETING MINUTES -August 27, 2002 page 9 a. Mayor Griffith opened and continued the hearing from July 23, 2002. b. Associate Planner Julia Hajduk presented the staff report reminding Council that the hearing had been continued to allow for renotice after an omission was discovered on the vicinity map. Notice was remalled and republished with a corrected map that Included all affected property owners. C. There were no declarations or challenges. d. There was no additional public testimony (See July 23, 2002, hearing for public testimony on that date.) e. Mayor Grifflth closed the public hearing. f. Motion by Councilor Scheckla, seconded by Council Dirksen, to adopt Ordinance No. 02-32, which exempted properties that were zoned Commercial prior to being zoned Mixed Use Residential I or 2 from being required to meet minimum residential density requirements in order to develop a commercial use. ORDINANCE NO. 02-32 - AN ORDINANCE EXEMPTING PROPERTIES THAT ARE ZONED MUR I OR 2 THAT WERE ZONED COMMERCIAL PRIOR TO MARCH 28 2002, FROM MEETING CERTAIN REQUIREMENTS BEFORE BEING PERMITTED TO HAVE A COMMERCIAL USE The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Patton - Yes Councilor Scheckla - Yes 14. CONSIDER POLICY DIRECTION FOR BULL MOUNTAIN ANNEXATION Community Development Director Hendryx presented the staff report. Over the past year the City has explored the possibility of annexing the Bull Mountain area.. Based on these efforts, three non-island annexation policy alternatives were developed and presented to the Council on August 20, 2002. The Council had before it a proposed resolution to proceed with preparation of an annexation plan in coordination with Washington County. COUNCIL MEETING MINUTES - August 27,2002 page 10 Mr. Hendryx, In response to a question from Mayor G.-Iffith, reviewed the timellne of the annexation plan - a five- to seven-month endeavor that would Include notices, several public opportunities along the way, and a hearing before the City Council. At several points during the process, there would be opportunities for the Council to decide whether to terminate the plan. The phone survey conducted by Riley Research Associates was reviewed by the City Council on August 20, 2002. The results Indicated that public outreach and education was needed for both Bull Mountain residents and Tigard residents regarding potential annexation. Several Bull Mountain residents asked to comment: Stuart P. Byron, 15650 SW 1331 Avenue, Tigard, OR 97224, advised he has been Involved In the discussions regarding the annexation Issue. He said It seems as If there is an "agenda is already In place." He said 80 percent of the people on Bull Mountain don't want the City to move forward with the annexation question. He said there was no parks or open space land available and he also referred to revenue shortfalls projected for this area. He said that annexation would mean a negligible Increase in services. He also said that If the annexation matter did move forward that only the Bull Mountain residents should be allowed to vote on the Issue. There was brief discussion about the projected shortfall of more than $7 million for the capital needs In the area. George E. Morgan, 14130 SW 1441 Avenue, Tigard, OR 97224, said this is a complex subject and not many people understood the policies and procedures, and this understanding would be necessary If people were to be Included as a partner in the annexation effort. He referenced the need to determine how to avoid an adversarial procedure. He noted the need for planning for the area and to develop a list of policies Important to the City of Tigard with regard to what would be provided for streets, sewers, and sidewalks. He said he would hate to see any options forfeited and suggested that "common ground" be Identified for those affected. Holly Shumway, 14535 SW Woodhue, Tigard, OR 97224, noted her negative experience with annexation when she lived on Whidbey Island, Washington. She said she would like to become educated on what Is being proposed and added that she thought only Bull Mountain residents should have a voice on whether or not the area Is annexed. tracy, 14400 SW 1411 Avenue, Tigard, OR 97224, advised he has lived on Bull Mountain for 22 years. He said annexation would mean higher taxes and more government. tracy advised he Is vehemently against annexation. COUNCIL MEETING MINUTES -August 27, 2002 page I I Todd Marshall, 14245 SW Bull Mountain Road, said the area he lives In Is beautiful and would like for It to stay that way. He said communication methods need to be better rather than relying on U.S. Mail, Oregonian, or rigard 77mes. Ellen Blelstein, 14630 SW 1301, Tigard, OR 97224, advised she has been Involved in the annexation talks. She said the annexation plan before the Council would set forth a course of action toward annexation. She advised she was astounded the City needed seven to nine months more review on the matter and suggested the Council 90 ahead an make its decision now. She referred to a previous study noting under one scenario $7.5 million In capital Improvements would be needed and in another $9.9 million. She did not see where there would be a beneflt to the residents of Bull Mountain. She moved from the City of Tigard to unincorporated Bull Mountain and advised the only difference she noticed was lower taxes. Mrs. Todd Marshall, 14610 SW 1301h, Tigard, OR 97224, agreed with earlier comments that only the citizens on Bull Mountain should have a say on whether or not they should be annexed, since they were the only ones Impacted. Councilor Dirksen addressed several of the Issues brought forward. A summary of his comments included: • There is a responsibility on the part of Council to review this matter fully to make an informed decision. • The Council has made no final decision. • More review is needed to determine whether tile perception is correct that Bull Mountain residents are receiving benefits without paying for these benefits. And, if so, how much. • Bull Mountain area Is in the urban growth boundary and, therefore, Is zoned similarly for land development and density as Is the adjacent Incorporated area. • Outreach is needed that will Involve both Bull Mountain residents and City of Tigard residents since both are affected. Councilor Patton's comments Included the following: Troubled that assumptions have been articulated that this City Council has already made a decision. Washington County does not want to provide services to this area. Council represents the Interests of the City of Tigard residents who are paying taxes; Bull Mountain residents are receiving services and are not paying for these services. Concerned about using staff resources and time with the adversarial tone represented by the audience. Therefore, suggested the City call a halt to the process until Washington County gets more "serious" about their position of COUNCIL MEETING MINUTES -August 27, 2002 page 12 wanting this area to become part of the City and there Is more desire and Interest on the part of the residents to become a part of the City. Councilor Scheckla noted: • Bull Mountain residents are using Tigard services but added that some residents in the Metzger area are In a similar position. • Concern expressed that If the area Is brought In unwillingly, then the City will not be able to move forward with projects and programs because there will be a large block of "no" voters. Mayor Griffith said that: It is preferable to have a cohesive community. However, the survey showed that once more was known about annexation Issues, attitudes changed. This can be a win-win situation. Supported moving forward so an Infori-ned, educated decision can be made, which would Include a public Involvement process. Stuart Byron addressed the Council again and reiterated that only Bull Mountain residents should vote on the question of annexation. He urged the Council to not pursue the annexation plan. Community Development Director Hendryx advised that the proposed resolution, if approved, would not lock the Council Into a vote In November 2003. Councilor Scheckla asked questions about workload for staff. Community Development Director Hendryx said all departments would be involved in developing Infon-nation for Council and citizens to make an informed decision. Councilor Scheckla suggested staff could work on other priorities such as the Washington Square project. Councilor Patton said she would not vote In favor of the proposed resolution because It did not appear to be the right time to move forward and expend more staff resources on this matter. She noted that there was enough negative momentum that would defeat "all best-Intentioned efforts" on the part of the City. At some future point, annexation may end up "looking like a good deal." Motion by Councilor Dirksen, seconded by Councilor Scheckla, to adopt Resolution No. 02-54. RESOLUTION NO. 02-54 A RESOLUTION DIRECTING STAFF TO PREPARE AN ANNEXATION PLAN FOR THE BULL MOUNTAIN AREA FOR COUNCIL'S CONSIDERATION. COUNCIL MEETING MINUTES - August 27,,2002 page 13 The motion failed with a tie vote as follows: Mayor Griffith Yes Councilor Dirksen Yes Councilor Patton No Councilor Scheckla No Legal Counsel Ramis conflrmed that the motion falls with a tie vote. The matter could be brought up again with a full Council. 15. CONSIDER RENEWAL OF THE INTERGOVERNMENTAL AGREEMENT(IGA) WITH WASHINGTON COUNTY FOR THE CITY OF TIGARD TO PROVIDE PLANNING-, BUILDING-, AND ENGINEERING-RELATED SERVICES TO THE URBAN SERVICES AREA Community Development Director Hendryx presented the staff report. Staff recommended that Council authorize the Mayor to sign the Urban Services Intergovernmental Agreement between the City of Tigard and Washington County, amending and extending the agreement for another five years. Motion by Councilor Patton, seconded by Councilor Dirksen, to approve the IGA. The motion passed by a majority vote of Council present: Mayor Griffith Yes Councilor Dirksen - Yes Councilor Patton - Yes Councilor Scheckla - No 16. COUNCIL LIAISON REPORTS: None 17. NON AGENDA ITEMS: None 18. EXECUTIVE SESSION: Not held 19. ADJOURNMENT: 9:55 p.m. Attest: AD k'e~- Catherine Wheatley, City Re~order 6- I-M y-orc CIt-TZ Wate:_ 01.T1f1n1'btr, /D 2,062- 1:%ADMXCATHY~CCM\RECAPkO2O827.DOC COUNCIL MEETING MINUTES - August 27, 2002 page 14 AD COMMUNITY NEWSPAPERS P.O. BOX 370 PHONE (503)684-0360 NotICOTT 10 12 0 BEAVERTON, OREGON 97075 Legal Notice Advertising 7777-7r *City of Tigard 13125 SU Nall Blvd. CITY OF TIGARD *Tigard,oregon 97223 A41 OREGON Accounts Payable The following will be considered by the TIGARD CITIV COUNCIL ON TUESDAY, AUGUST 27, 2002, AT 7:30 -P.M. at the Tigard Civic Center - Town Hall Room, 13125 SW Hall Bpuleyard, Tigird, Oregon 97:223. Both public oral and written testimony is invited. AFFIDAVIT OF F The public hearing on this matter will be conducted in accordanoe STATE OF OREGON, with ORS 197,763, ORS 227.175, the rules of Chapter 18.390 of the COUNTY OF WASHINGTON, SS. Tigard Municipal Code and any rules and procedures.adopted by the Tigard City Council. 1,-Kaj--hy. Snyd,-_r Failure to raise an issue in person or by letter at some point.prior to being first duly sworn, depose and sgy. th the close of the hearing on the request accompanied by statements or Director, or his principal clerk, of theTiq evidence sufficient to allow the Hearings Authority and all parties to a newspaper of general circulation as di respond on the request, precludes an appeal to the Land Use Board of and 193.020; published at Tigard Appeals based on that issue, and failure to specify the criterion from aforesaid county and state; that the the Community Development Code or Comprehensive Plan at which PuhliL_~~7071 2002-0 a comment is directed precludes. an appeal based on that criterion. a printed copy of which is hereto annexel Further information is available at City Hall and may be obtained from the Community Development Director or City Recorder at the ON entire issue of said newspaper for same location, or by calling (503) 639-4171. consecutive in the following issues: PUBLIC HEARING ITEM: r~=ONTINUED -FROM JULY 23,2.002 August 15,2002 ZONE ORDINANCE AMENDMEN'I'tZAJA Auuz-vAu." ' N MIEKED USE RESIDENTIAL (MUR 1 & 2) DEVELOPMENT T . CODE AMEND F.NT5 'ent -j ~QUEST. The request.is tomodify the cFxisting development roperties that were zoned commercial t xem t cia r s p p o e code language e 2002 from being required to meet minimum res- March 28 t i P J , o or pr idential density requirements. prior to being permitted'to havee a There are 10 parcels (5.25 acres) t r re me this.!- swornn tt,,bee re me thisL! Subscribed and A s y. mmer6ial use on the proper c, City of Tigard's portion of the Regional Center that this within the exemption apply to and are impacted by this amendment. devel- ant or re- d " o . as vac = imately 1.63 acres were identifie et capacity numbers for the Regional tar in i d g g n eterm in the number of units that would be lost if no resi- therefore Center My Commission Expires: , , dential use were constructed on these lots is approximately 42 units (if minimum densities were constructed). LOCATION: The b AFFIDAVIT y Washington Square Regional Center area is bounded generally SW Greenburg Road and Hall Boulevard t , Fanno Creek on the wes d Tail Golf Course to the north, and Highway 217, R e on the cast, including the Ash Creek area on the southern border. The MUR I ional Center, generally west ithin the Re d g w and 2 zones. are locate d "'bfMh Creek. ZONE: Mixed Use ,~OgU.,BlyO:gn, e" Resi 6`rffiA'(MUR) 1*2-- PLIC"00UVIEW CRITERIA: Cohiffihitit~,Develophient; Code-SeotienA18.380.020, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1.- 2, 9, and 10; and Metro Functional Plan Titles I and 7. TT 10 120 -Publish August 15, 2002. P.O.~~ *City of Tigard 13125 S11 Hall Blvd. oTiqard,oregon 97223 Accounts Payable 0 0 13 Duplicate Affidavit 0 AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, 1, Knij-ijr Snyder being first duly sworn. depose and of that I(f theAdtvqrnti ,gar ua a , siFimes Director, or his principal clerk, of th a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at--- Tigard in the aforesaid county and state; that the Public HearinaZZOA 2002-00003 a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and - consecutive in the following Issues: August 15,2002 Subscribed and aworn=3wie methi 15th day of Aucrust,2002 8. , OFFICIAL BEAL Ncddrv Public for Oregon ROBIN A BURGESS NOTARY PLIBLIC-OREGON My Commission Expires: COMMISSION NO. 3"680 )MMISSION EXPIRES MAY 16. 2M AFFIDAVIT COMMUNITY NEWSPAPERS P.O. BOX 370 PHONE (503)684-0360 BEAVERTON, OREGON 97075 Legal Notice T T 10126 Legal Notice Advertising oCity of Tigard 0 13125 STI Hall Blvd. Tigard,oregon 97223 0 0 Accounts Payable 0 0 Tearsheet Notice 0 Duplicate Affidavit AFFIDAVIT OF PUE STATE OF OREGON, SS. COUNTY OF WASHINGTON, ) CITY OF TMARD,,~-"7~~ IDREGON'_ i. I<athy Snyder OTICE OF PUB a being first duly sworn, depose and sa , ithat I CITY OF TIGARb Director, or his principal clerk, of the n gar, Notice In pursuant to ORS 29j'i§-.443(3) that at,7:30 a newspaper of general circulation as defin i4!_ y give 7, cla pm.~onAdost 27,2002, the Tigard City Couricd;Wi miaiiTjj,3,;'d and 193.020; published at r d aforesaid county and state; that the Hall, 13125 SW Hall Boulevard, Tigard, OrdgJdb-,_ ..cad., 'Is ubfic hearing. The Council will consider the adopti'6"'~ai~ii~6*;'-; A Public HearingZO.E.C.D , BQnd. P bb1ig4#dA'bdq - d tion authorizing the City of Tigard to issue a genera a printed copy of which is hereto annexed, vy and sell the bond, to the Oregon Economic an6-CC6MJiMUrftty Development Department to finance the costs of the~;'* entire issue of said newspaper for 01-ID Library. Written comments may be submitted to Cathy Wh&fi!*Dy,"" -1h, consecutive in the following issues: Recorder, City of Tigard, 13125 SW Hall Blvd., Ti944. 04i, 9011 97223 or by e-mail: cathy(goi.tigard.or.us prior to 5"p.m. oti August B,2002 Tuesday, August 27, 2002; public testimony may also li~ submittea during the hearing. Questions prior to the hearing should be directed to Craig Prosser, Finance Director 503-6394171, Ext. 2486 or craig@ci.tigard.or.us. TT 10 126 - Publ ish August 8, 2002.. Subscribed and sworn t e emethis8l-'h day of Augus-t-.,2002 Axtode2o OFFICIAL SEAL No Public for Oregon ROBIN A BURGESS CO~ O.MMISSIO 16)r VNOTARY PUBLIC-OREGON COMMISSION NO. 344589 My Commission Expires: MY COMMISSION EXPIRES MAy 16.2MM5 11 AFFIDAVIT City of Tigard, Oregon Afridavit of Posting CITY OF TIGARD OREGON In the Matter of the Proposed Ordinance(s) STATE OF OREGON County of Washington ss. City of Tigard I, pold P1 A 0 being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) 2 jq. 3 0 3 / JL 3), which were adopted at the City Council meeting of d0- 0~1 with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the day of a t4 i 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Building, 8777 SW Burnham, Tigard, Oregon Signature of Person who Perfbrmled Posting Subscribed and sworn (or affirined) before me this 'y q LD day of 6UQL~5t- 20 C, 2- .a OFMCIAL SEAL Signature of Notary Public for Oregon GREER A GASTON KWARY PUBUC-OREOM COMMMS" NO. 327906 UMISSION EXPIRES O= iG6 2DO3 \\TIG333\USR\DEPTS~ADM\GREERkFORMS\AFFIDAVITS\AFFIDAVIT OF POSTING - ORDINANCEDOC CITY OF TIGARD, OREGON ORDINANCE NO. 02_Dj AN ORDINANCE AMENDING CHAPTER 12.02 (SANITARY SEWER AND SURFACE WATER MANAGEMENT) OF THE TIGARD MUNICIPAL CODE MAKING APPROPRIATE NAME AND TITLE CHANGES. WHEREAS, the municipal code references the Unified Sewerage Agency and the name of the Agency was recently changed to Clean Water Services; and WHEREAS, the municipal code references the position of City Administrator and this position is now titled City Manager; and WHEREAS, the municipal code references Clean Water Services Ordinances and Resolutions, but does not indicate that the reference applies to any future amendments to the Ordinances or Resolutions. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code 12.02 is amended to reflect the name and title change of Unified Sewerage Agency to Clean Water Services; and City Administrator to City Manager; and Clean Water Services Ordinances and Resolutions are referenced as amended, as shown in Attachment A. SECTION 2: This ordinance shall be effective 30 days after its passage by.the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By (AIMMIMMS vote of all Council in bers present after being read by nurnber and title only, this 4222'dav of, 2002. '6~therine' Wheatley, City kecorder &1^ APPROVED: By Tigard City Council this day x ad)L-01~- '2W2. 0 A A F I F s E. Griffitb-, W2V Approved as to form: 'City Attorney 2-- Date ORDINANCE No. 02-SO Page I ATTACHMENT A TIGARD MUNICIPAL CODE Chapter 12.02 SANITARY SEWER AND I control of the property on behalf of the owner; SURFACE WATER MANAGEMENT. Sections: 12.02.010 Title. 12.02.020 Definitions. 12.02.030 Purpose. 12.02.040 Clean Water Services Unifletl Washingt6n C4unty-Rules Adopted. 12.02.050 Use And Operation; Charges Imposed For Use; Appeal Procedures And Enforcement. 12.02.060 Charges, Rates And Fees; Associated Penalties. 12.02.070 Pretreatment By Industrial Users. 12.02.080 Temporary Adoption Of TT-M-A FO S A eRG x - g g 3j Clean Water Services Ordinances, Resolutions And Orders. 12.02.090 Immediate Remedial Action Required. 12.02.100 Penalty. 12.02.010 Title. This chapter shall be known as the "sanitary sewer and surface water management chapter" and may also be referred to as "this chapter." (Ord. 94-19) 12.02.020 Definitions. As used in this chapter: "Responsible party" means the person responsible for curing or remedying a violation of this chapter, and includes: (a) The owner of the property, or the owner's manager or agent or other person in (b) The person occupying the property, including lessee, tenant or other person having possession; (c) The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist, or placed or transported the eroding soil. (Ord. 94-19) 12.02.030 Purpose. This chapter adopts the ordinance and rules of Clean Water Service gie-Unifie4-Sewem-ge Agemy that pertain to the operation and use of sanitary and surface water systems and to systems development charges. This chapter does not regulate the collection of user fees. (Ord. 94-19) 12.02.040 Clean Water ServicesUaifleil Sewer-age Agency-Of Washington C4uaty-Rules Adopted. Clean Water Services Uniffied gewefage-Agenvy e -f Wan shingten Go" Resolution and Orders No. 9147 (excluding Chapter 2) as amende , Construction Standards and Regulations pertaining to the sanitary sewerage and storm and surface water management systems are adopted and shall be in full force and effect as part of this code. (Ord. 94-19) 12.02.050 Use And Operation; Charges Imposed For Use; Appeal Procedures And Enforcement. Clean Water Services Unifie-d- sem.,enige-AgeaW Ordinance Nos. 26 through 28 as a-mende are adopted by reference and shall be in full force and effect as part of this municipal code. (Ord. 94-19) 12.02.060 Charges, Rates And Fees; Associated Penalties. 12-02-1 SE Update: 12101 ATTACHMENT A TIGARD MUNICIPAL CODE proceed to remedy the infraction as provided in Clean Water Services U-niffiedd Seev,%Fage Ageney Section 1. 16.340 of this code. (Ord. 94-19) Resolution and Order No. 93-33 as amende is adopted by reference and shall be in full force and 12.02.100 Penalty. effect as part of this municipal code. (Ord. 94-19) 12.02.070 Pretreatment By Industrial Users. (a) Each day that violation of this Chapter is committed or is permitted to continue shall constitute a separate violation. Clean Water Services TT-Zr.-A 0---p A-p-, Resolution and Order No. 92-60 as ~M'ende is adopted by reference and shall be in full force and effect as part of this municipal code. (Ord, 94-19) 12.02.080 Temporary Adoption Of -Qf Clean Water Services Unified Sewer-age Ageney Ordinances, Resolutions And Orders. The City Manag Administr-ateF, without prior Council approval, may adopt and enforce amendments and revisions to any Ordinances and/or Resolutions and Orders promulgated by 4he Unified se-*,eFage Ageney.-Clean. Water Services to be in effect for a period of no longer than ninety days from the date of adoption by the Manager AAniinistateF. In order for such Ordinances and/or Resolutions and Orders to remain in effect permanently, the City Council must adopt them prior to the expiration date of the temporary adoption by the . hLana= A-d-Mini-Afffa-t-Aff. (Ord. 94-19) 12.02.090 Immediate Remedial Action Required. If the Code Enforcement Officer determines that there has been a violation of this chapter, or that conditions exist that are likely to result in a violation, the officer may require immediate remedial action by the responsible party. If the Code Enforcement Officer is unable to serve a notice of infraction on the responsible party or, if after such service, the responsible party refuses or is unable to remedy the infraction, the City may (b) A finding of a violation of this Chapter and imposition of a fine pursuant to this code shall not relieve the responsible party of the duty to abate the violation. A civil fine imposed pursuant to this Section is in addition to and not in lieu of any other remedies available to the City. (c) If a provision of this Chapter is violated by a fir-in or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this Section. (d) A finding of a violation of this Chapter shall not result in imprisonment, nor shall a jury trial be available in the adjudication of an allegation of such violation. (e) A finding of a violation of this Chapter shall be a civil infraction pursuant to Tigard Municipal Code Section 1.16 and may be prosecuted in the Municipal Court of the City. (Ord. 94-19) 0 12-02-2 SE Update: 12101 CITY OF T`IGARD, OREGON ORDINANCE NO. 02- ~,K? AN ORDINANCE AMENDING CHAPTER 12.03 (BILLING AND COLLEC-17ION OF UTILITY CHARGES) OF THE TIGARD MUNICIPAL CODE CLARIFYING PROCEDURES IN THE COLLECTION OF UnLITY CHARGES AND MAKING APPROPRIATE NAME AND TrME CHANGES. WHEREAS, the municipal code references the Unified Sewerage Agency and the name of the Agency was recently changed to Clean Water Services; and WHEREAS, the municipal code references the position of City Administrator and this position is now titled City Manager, and WHEREAS, the municipal code references procedures that are out-of-date and no longer apply; and WHEREAS, after-hour reconnection of service due to disconnection of service from delinquent account(s) is no longer recommended due to low frequency and cost . NOW, THEREFORE, T14E CITY OF TIGARD ORDAINS AS FOLLOWS: SEC'nON 1: Tigard Municipal Code 12.03 is amended to reflect current procedures in the billing and collection of utility charges; the name and title change of Unified Sewerage Agency to Clean Water Services; and City Administrator to City Manager, and the practice of after-hours reconnection of service is discoptinued, as shown in Attachment A. SEC'17ION 2: This ordinance sball be cffective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By Ufq C1 &I M QU5 v te of all (~uncil members present after being read by number and title only, this dayof/.-T-UC 0 7 L -t4 ,2002. Wheatley, City Recorde"r Ca &k APPROVED: By Tigard City Council this d, Approved as to form: (eity Attome; . 7 - D 2 Date ORDINANCE No. 02-.-.)q Page I ATTACHMENT A Chapter 12.03 Sections: TIGARD MUNICIPAL CODE BILLING AND COLLECTION OF UTILITY CHARGES. I 12-03.010 Definitions. 12.03.020 Rates, Charges, Fees, Penalties, Collections. 12.03.030 Delinquent Collection Procedures. 12.03.040 Delinquency Collection Procedures - Sewer Only Customers. 12.03.050 Other Fees And Charges. 12.03.060 Utility Charge Adjustments And Payment Agreements. 12.01070 Customer Appeal Process. 12.03.010 Deflnitions. (a) Utility Charges. Any combination of water service charges, sanitary sewer service charges, surface water charges or other fees and charges authorized by the Tigard City Council or the lunified- -9681.vefage Agene, Clean Water Service imposed on users of utility ser~ices. (b) Delinquent. Utility charges not paid by the due date specified on the bill for such charges are considered delinquent. (c) User. User shall mean any person who uses property which maintains connection to, -discharge to, or otherwise receives services from the City's storm, surface water, sanita sewer or water systems. The occupant of occupied property is deemed the user. If the property is not occupied, the person who has the right to occupy it shall he deemed the user. 12-03-1 SE Update: 12101 ATTACHMENT A TIGARD MUIN 12.03.020 Rates, Charges, Fees, Penalties, Collections. (a) Unified Ssev;er-age Ageney Clean Wat Service Resolution and Order number 95-34 and Ordinance' Number 26,27,28,and 29 as amended are hereby adopted by reference and shall be in full force and eff6ct as part of this municipal code. (b) Collections from utility customers will be applied first to interest, penalties or other fees and charges, then VrQportionately among the rest of charges for services billed or as provided by contract with Clean Water -Service . to SuFfaee Water- charges, then to Sanitary Sewer- Ghar-ges, and final!), to Water- charges. (c) All Fees and Charges set forth in this chapter shall be set by resolution by the Tigard City Council. 12.03.030 Delinquent Collection Procedures. (a) Billing Cycle - Utility charges will be billed to users every other month or as water meters are read. Utility bills will be placed in the United States Mail after the water meter is read or 60 days after the prior billing for non water customers. Such utility bills shall state the amounts and types of charges included in the bill and shall state the due date for the utility charges. Such due date shall not be less than 14 days from the date bills are mailed. (b) Reminder Notice - For those Utility Charges not paid by the due date, a reminder notice will be sent to the customer. The Notice shall state the amounts and types of charges past due and the date by which such charges must be paid to avoid turn off procedures. The reminder notice shall be placed in the United States Mail not less than 14 days after the original due date on the original bill. 1ICIPAL CODE (c) Shut off Notice - For those utility charges not paid by the due date stated on the reminder notice, a shut off notice shall be hung on the front door of the dwelling or place of business at least 48 hours prior to the scheduled actual shut off. The City shall maintain a list of all shut off notices indicating the time and location the notice was placed and by whom. The shut off notice shall state the amounts and types of charges past due and the date and time such charges must be paid to avoid actual shut off of services. (d) Shutoff Procedure - All accounts detem ined to be unpaid 48 hours after a shut off notice has been placed on the premises shall be listed and scheduled for shut off. 'Me 48 hours shall be counted on business days only and shall not include Holidays or weekends. On the day scheduled for shutoff, the drop b -daily payments r-eceipt will be reviewed to determine if any applicable payments have been received. Ile list as amended will then be delivered to the appropriate crew members who will then shut off and lock those meters on the list. (e) Water Disconnection Charge for Non- Paymen Resennec-tion Char-go - A charge will be added to each account that has not been paid prior to the time indicated on the shut off notice.been sbut off h-e-fere ;v-Ater-- sep.tice ran he reeenneGW. ---De- char covers a I costs Ze associated with the delinquent collection process, Who Omr-ge Gover-s the eest Af the delinquen Gelleetion pFeGess and the A-A--F;t Relf the newal tuming eff and en e--f- the meoef. The tiewcharge shall apply even if actual shut off is not performed due to the payment of the, past due balance made to the crew member in the field or in the offigg, just prior to shut off. The r-eeenneGtien shar-ge shall he greatff feF Feoemesti4 h(NIFF; An~ 'will Ce Water service reconnecied the same day as disconnection if th outstanding bill and related charges are paid i 12-03-2 4W SE Update: 12101 ATTACHMENT A TIGARD MUNICIPAL CODE full -by 5:00 PM. If 12nment is not made prior t using the following collection methods in lieu of 5:00 PM the custpmer's water will not be the sbutoff procedure set forth in 12.03.020 (c), reconnected until the next rep-ular business day. I (d), (e): No water will be reconnected after tjormal operating hours or on weekends. (f) Meter Disconnection Cliarg - A Charge shall be added to each account in which a meter is turned off and locked for non payment if the customer or other party cuts the lock and turns the meter back on without prior approval of the City. In ad-d-ition tA the leele Ghar-ge-,the The meter will be removed from the ground and the water service capped off. Water service shall not be reconnected until the customer has paid the past due utility charges- inaluding the r-eGenneGtie charge water disconnection charge, the-loc4 ehar-g and the meter disconnection cliarge.:r-and basis. (g) Multifamily Housing collection process - When accounts for multifamily housing complexes using master meters rather than individual meters becomes delinquent, the company or individual responsible for payment of the utility bills shall be notified of the past due status of the account in the normal process set forth in section 12.03.030. However, in lieu of the shut off procedure, the responsible party shall be notified in writing that the shutoff procedure will be followed if the delinquent utility charges are not paid within thirty days. Notification will also be made to all tenants known by the Cijy to the extent possible. Accounts not paid within the thirty days will be notified and turned off in accordance with section 12.03.030 (c) and (d). 12.03.040 Delinquency Collection Procedures - Sewer Only Customers. For utility charges on accounts without water service, delinquent amounts may be collected (a) Delinquent utility charges may be collected through the use of a collection agent. 'Me Finance Director or designee shall have the authority to select a collection agent and sign necessary documents. (b) Delinquent utility charges may be collected by filing a claim in the appropriate court. The Finance Director shall have the authority to request pursuit of such claims by the City Attorney and shall have the authority to sign and file necessary documents. (c) Delinquent utility charges may be collected by turning the uncollected balance over to the Washington County Tax Assessor for inclusion on tax bills as allowed by ORS 454 22 454.225. 'Ibis method of collection shall only be used if the user of the services being billed is also the owner of the premises connected to the system. The owners approval must be received in writing allowing the turnover. Accounts being collected in this manner shall be' charged a turnover fee and shall be turned over to the Assessor each year by July 15. (d) Delinquent utility charges may also be collected by disconnecting utility services. Disconnection may involve the physical disconnection of incoming or outgoing utility service pipes and facilities. Disconnection shall only be pursued with the approval of the City Manage Administr-ate . Actual costs of disconnection shall be calculated and must be paid by the utility service user before reconnection is established. 12.03.050 Other Fees And Charges. (a) Returned Che ck Charge - A charge will be added to accounts for any checks returned from 12-03-3 SE Update: 12101 ATTACHMENT A TIGARD MUIS the bank unpaid for any reason. The charge shall be set by resolution of the Ci1y Council. kipen . . - etumed Gherk staff will eentaet the r'13RtArAP-V And ston-e- ask if they would prefei; to have th cheek redeposited, r-epla(;ed by anothei,--Wk-, Gash or- money or-den if t Fedeposited eherSk- is again r-eWmed by the bank, an additional chafgee ;yfll hp~ ;Iddpd to thia nrAmint. The f:elated paymen applied to t a- iyill h-F0 r*-a;,P-r-6P-d- md th obligatien for- the utility eharges will be Feinstated. After- a eheck is rehimed twine f;:Rvn the bank , reason, eash or- money or-der will unpaid for- a~ be requir-ed to aweid- the Wimeff pr-oGedur- (b) Repair or replacement of no eenstmetion water meters and services - Once installed, new meters plaeed- -for- nev'r Gonstmetion v.411 h-e- the responsibility of the meter- pur-ehasen Amy gny-costs associated with the repair or replacement of damaged or missing meters and services will be charged to the pur-Ghase owner of the proM . Such costs may include but are not limited to gaskets, meter boxes, lid inserts, meters, pressure regulator valves_and related labor, equipment, vehicles, and materials. [ICIPAL CODE (a) The Finance Director or designee shall have the authority to waive utility charges up to $250.00 $50.00. Such waiver may be made based upon a wTitten request from the customer and for good cause. Good cause may include but is not limited to correction of user or account information, failure of the City to send a bill, demonstrated failure of a user to receive a bill, correction of measurement of either fixture units or equivalent service units and adjustments to the time in which requester became the user. Waivers may include returned check charges, disconnection FeGonneetion charges or utility charges. The Finance Diventer. shall fnalee quaFter-ly e City AdministFate indizating ad suo--h ;.*aivers giving the amounts aln-d- r--0--A.1-W9;;s afneunts wer-e waived. (b) The City Manage AdrainkInte or designee shall have the authority to waive utility charges up to-$5L0-0Q- $250.00. Such waiver must be made based upon a written request from the customer and for good cause as defined in subsection (a . Good eause may inelude but is not 12.03.060 UtiHty Charge Adjustments And Payment Agreements. Errors in billing or collection shall be corrected in a timely manner by the City. Resulting credits on accounts or refunds shall be made as expeditiously as possible. Disputed billings or other collection transactions shall be dealt with as follows: In recognition of the taxistenee of- need for exceptions to ne:Mall eireum-stanees in some cases, Authoiity authori is granted as follows for adjustments to utility charges and to the implementation of payment agreements. All waivers granted under 12.03.060 (a) (b) shall be reported to the Intergovernmental Water Board each month upon their request. 12-034 Z "If I I 4Y. r-eGeive a bill, norr-artim; Af er- equivalent sem.riee units and adjustment& to the fiffle in whieh r-equester hename the user-. The City Manage A dminig*Att; shall receive a written report of findings from staff and then weigh the evidence presented by the customer and the staff before making any such waiver. (c) Any requests to waive utility charges above $500.00 $250.0 shall be made in writing to the Intergovernmental Water Board. The Finance Director or desimee may schedule the request on the next available agenda and so notify the customer at least one week in advance. All materials related to the request shall be made available to the Board and the customer may be allowed to make a presentation to the Board at the SE Update: 12101 ATTACHMENT A TIGARD MUNICIPAL CODE discretion of the Board Chairman. (d) The Amman Dive f~i~may enter into - payment agreement with a customer to facilitate the payment of delinquent utility charges. Such agreements shall not exceed the term of three years, current charges must be paid when due, and the agreement must be signed by both parties and must be a legally binding agreement. Breach of such an agreement by the customer shall result in further collection efforts. Payment agreements for amounts over $ 1 0,000-.N must be approved by the Tigard City Council. 12.03.070 Customer Appeal Process. (a) Customers shall have the right to appeal billing decisions made by staff. If a customer is not'satisfied with a decision, the customer may appeal to the Finance Director within fourteen days of the decision in writing explaining the- issue and justification for the customers position. Finance Director decisions may be appealed to the CityManage Administrator- within fourteen days of the decision in a similar fashion. City Manag AdMiHiStFatff decisions may be appealed within fourteen days of the decision to the Intergovernmental Water Board. Board decisions are considered final. (Ord. 96-02). 0 12-03-5 SE Update: 12101 CITY OF TIGARD, OREGON ORDINANCE NO. 02- 3 AN ORDINANCE GRANTING TO TIME WARNER TELECOM OF OREGON LLC A FRANCHISE TO CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD, OREGON, INCLUDING THE RIGHT TO PLACE POLES, WIRES, AND OTHER APPLIANCES FOR TELECOMMUNICATION PURPOSES IN THE PUBLIC RIGHTS-OF-WAY; AND AUTHORIZING THE MAYOR TO SIGN TFHS AGREEMENT. WHEREAS, The ten-year franchise for the com ' munication facilities and services provided by Time Warner Telecom of Oregon LLC, described in the title of this ordinance is now before the City Council for approval. The Council believes that the franchise should be approved under the terms and conditions set forth in Exhibit A, attached hereto, and by this reference made a part hereof. THE CITY'OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. The terms and conditions of the attached franchise agreement, Exhibit A, are hereby approved and adopted as part of this ordinance as if specifically set forth. SECTION 2. The Mayor is authorized and directed to sign the attached agreement on behalf of the Council. SECTION 3. The City Council determines that the fee imposed by this franchise is not a tax subject to the property tax limitations of Article XI, Section 11 (b) of the Oregon Constitution. PASSED: By L) 1) A lYi m Du5vote of all Council members present after being read by number and title only, this 0-7i_0 day of u 2002. ("Z:!~ a jo_~~~ C-atherine'Wheatley, City RecZo-rder Q _~77 APPROVED: This day 2002. A0 s G Ai-0315ylr~// Approved as to form: ;JUes riffA &ity Attorney y Z 2--7 d Z_ Date I ORDINANCE No. 02-3o EXHIBIT "A" TELECOMMUNICATIONS FRANCHISE AGREEMENT A nonexclusive, ten (10) year franchise between the City of Tigard and Time Warner Telecom of Oregon LLC to conduct a telecommunication business within the City of Tigard. NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the sufficiency of which is acknowledged, the parties hereto agree as follows: SECTION 1. GRANT AND ACCEPTANCE OF FRANCHISE The City of Tigard, OR (herein referred to as "City) grants to Time Warner Telecom of Oregon LLC (herein referred to as "Grantee"), subject to applicable City codes, ordinances, regulations, and the terms of this agreement, the privilege to use the rights of way of the City of Tigard for a telecommunications business for the purpose of furnishing telecommunications services as - defined in State and Federal Law. This grant includes the right to erect, construct, place, replace, reconstruct, lay, maintain, and operate poles, wires, switching equipment, amplifying equipment, fixtures, facilities, appliances, structures and other devices including, but not limited to, electronic, optical and mechanical devices customarily associated with Grantee's function and purpose of serving as a telecommunications utility in, on, upon, above, beneath, within, along, across, under and over the City's rights of way. This franchise is granted solely for the privilege of providing telecommunications services as defined by State and Federal Law. This franchise does not include the right to conduct the business of providing a "cable system" as defined in applicable law. Should the Grantee desire to provide a cable system within the City, it must comply with the City's regulations relating to cable communications in force at that time. Grantee accepts the grant of the franchise and agrees to comply with Tigard Municipal Code Chapter 5.14, the resolution granting the franchise, and all other applicable laws, ordinances, and regulations. SECTION 2. FRANCHISE FEE Grantee shall pay an annual franchise fee in the amount of $7,500 or the amount established under the following subsection, whichever is greater: a. Five percent (5%) of gross revenues generated within the City. Gross revenue generated within the City includes monthly service charges paid by customers within the City, the full amount of charges for separately charged transmissions originating and received ORDINANCE No. 02-3 0 Exhibit A, Page I within the City, half the amount of separately charged transmissions that either originate or are received within the City, but are received or originate outside the City, any amounts received for rental of facilities within the right of way, and any other amounts received by the franchisee for services tincluding resale services) provided by the franchisee that use facilities within the right of way. In the event that a transmission is sent or received by a mobile device (e.g., cellular phone), the mobile device shall be deemed to be in the jurisdiction where the bills for use of the device are sent, regardless of actual location at the time of the transmission. b. The franchise fee is compensation for use of rights of way and reimbursement of the City's cost of administering the program. The franchise fee is separate and distinct from any other legally authorized federal, state or local taxes or fees. C. The franchise fee is not subject to the property tax limitations of Article XI, sections 11 (b) and I I (19) of the Oregon Constitution and is not a fee imposed on property or property owners by fact of ownership and is not a new or increased fee. d. The franchise fee shall be payable semi-annually on or before March 15 for the six month period ended December 31, and September 15 for the six month period ended June 30. The Grantee shall pay interest at the rate of one percent (1 per month for any payment made after the due date. However, the first six month payment shall be prorated based on the effective date of this franchise. SECTION 3. TERM The rights, privileges and franchise hereby granted shall commence when signed by both parties and continue to be in full force for a period of ten (10) years from the date this agreement becomes effective. Grantee may renew its franchise as provided by Tigard Municipal Code. This agreement shall be subject to any and all State or Federal laws and regulations. SECTION 4. TRANSFER OR ASSIGNMENT Grantee shall not transfer or assign this franchise to any other party without the express written consent of the City, except that no prior written consent shall be required (1) if the transfer or assignment is to a parent, affiliate or subsidiary of Grantee or (2) if the assignment is to a commercial lending institution solely for security purposes in connection with a financing transaction and Grantee continues to be responsible for compliance with the Agreement. A transfer of ownership or control of a majority interest in the Grantee shall constitute a transfer of the franchise. If the franchise is assigned or transferred, the assignee or transferee shall become responsible for all facilities of the existing transferee at the time of transfer. The City shall allow the transfer or ORDINANCE No. 02-.30 Exhibit A, Page 2 assignment if a transfer fee in an amount determined by resolution has been paid, the transferee or assignee meets all requirements imposed on franchisees, and the transferee or assignee agrees in writing to be bound by the franchise agreement and all applicable City Code and regulations as they exist at the time of transfer. A transfer or assignment of a franchise does not extend the term of the franchise. SECTION 5. LEASING OF FACILITIES Grantee may lease capacity or bandwidth in its facilities within City rights of way only if it provides City with the name and business address of lessee. SECTION 6. SERVICE TO CITY If City contracts for the use of Grantee's services, Grantee agrees to charge its most favorable rate offered to customers in the Portland local calling area buying similar services and volumes only in Oregon under the same terms and conditions. SECTION 7. INSURANCE a. Grantee shall provide and keep in force public liability insurance, with a thirty (30) day cancellation clause, with a combined single limit of three (3) million dollars, which shall be evidenced by a certificate of insurance filed with the City Recorder at City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223. The City shall be named as an additional insured on the policy to the extent of Grantee's insurable indemnity obligations under this franchise agreement. The insurance shall indemnify and hold the City harmless against liability or damage which may arise or occur from any claim resulting from the Grantee's operation under this agreement. In addition, the policy shall provide for the defense of the City for any such claims. b. In lieu of the third-party public liability insurance policy required by subsection a of this section, Grantee may provide and keep in force self-insurance in an amount at least equal to the limits identified in the preceding paragraph. The Grantee hereby further agrees to cover the City as a co-insured under this self-insurance program. The Grantee shall indemnify, defend and hold harmless the City through its self-insurance program against any and all claims, actions and suits (including attorney fees and costs) arising out of or resulting from Grantee's activities. The Grantee shall provide proof of self-insurance to the City before this agreement shall take effect. SECTION 8. DEFENSE, INDEMNITY AND HOLD HARMLESS Grantee shall defend, indemnify and hold harmless the City and its officers, employees, agents and representatives from and against any and all damages, losses, and expenses, including reasonable ORDINANCE No. 02- -3 L) Exhibit A, Page 3 attorney fees and costs of suit or defense, arising out of or resulting from the negligent, careless, or wrongful acts, omissions, failure to act or other misconduct of the Grantee or its affiliates, officers, employees, agents, contractors, subcontractors or lessees in the construction, operation, maintenance, repair, or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed, or prohibited by this agreement or by Tigard Municipal Code Chapter 5.14. Grantee shall defend at its own cost the City and its officers, employees, agents and representatives from and against any and all claims alleged to arise out of or result from the negligent, careless, or wrongful acts, omissions, failure to act or other misconduct of the Grantee or its affiliates, officers, employees, agents, contractors, subcontractors or lessees in the construction, operation, maintenance, repair, or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed, or prohibited by this agreement or by Tigard Municipal Code Chapter 5.14. SECTION 9. DAMAGE TO GRANTEE'S FACILITIES The City shall not be liable for any damage to or loss of any telecommunications facility as a result or in connection with any work by or for the City or for any consequential damages or losses resulting from such work unless the damage or loss is the direct and proximate result of willful, intentionally tortious, gross negligence, or malicious acts by the City. SECTION 10. PERFORMANCE SURETY The Grantee shall provide a performance bond reasonably acceptable to the City as security for the full and complete performance of this agreement, to cover any costs, expenses, damages or loss the City pays or incurs because of any failure attributable of the Grantee to comply with the codes, ordinances, rules, regulations or permits of the City. The bond shall be in an amount sufficient to pay for the removal of all of Grantee's facilities within the right of way. Prior to installing new telecommunications facilities in any right of way, the Grantee shall provide a performance bond or other surety acceptable to the City in an amount equal to at least 110% of the estimated costs of construction of the new facilities within the rights of way. The surety shall remain in force until 60 days after substantial completion, including restoration of public rights of way and other property, as determined by the City. The surety shall guarantee timely compietion, construction in compliance with applicable plans, permits, codes and standards, proper location, restoration of public rights of way and other property, and timely payment and satisfaction of all claims, demands or liens for labor, material or services. SECTION 11. NOTICE ORDINANCE No. 02- 3 Exhibit A, Page 4 All notices and approvals required under this agreement shall be in writing. The Grantee shall provide the City with the name, position and phone number of Grantee staff that can be contacted for administration of this Agreement and for contact with construction-related questions and comments. Such notices and approval shall be directed to the City as follows: City Engineer, City of Tigard 13125 SW Hall Blvd. Tigard, OR. 97223 (503) 639-4171 and to Grantee as follows: Time Warner Telecom of Oregon LLC Attn: Tina Davis, V.P. & Deputy General Counsel 10475 Park Meadows Drive Littleton, CO 80124 With a Copy to: Time Warner Telecom of Oregon LLC Brian Thomas, V.P. Regulatory - North West 520 Southwest Sixth Avenue, Suite 300 Portland, OR 97204 SECTION 12. AUDIT a. Within ten (10) business days of a written request from the City, Grantee shall furnish the City: Infon-nation sufficient to demonstrate that Grantee is in compliance with this agreement and Tigard Municipal Code Chapter 5.14. 2. Access to all books, records, maps and other documents maintained by Grantee with rcspect to its facilities in City rights of way so that the City may perform an audit Orantee shall provide access to City within the Portland, Oregon metrodolitan area. b. 11- the City's audit shows that Grantee has underpaid the ftanchisee fee by five percent (5'Yo' or more in any one year, Grantee shall reimburse City for the cost of the audit, and in addition to paying any underpayment, pay interest specified in Tigard Municipal Code Section 5.14.080(e) from the original due date. All payments shall be made within sixty (60) days of delivery to Grantee of the audit results. ORDINANCE No. 02-3-0 Exhibit A, Page 5 Grantee may designate portions of the information provided to the City under this section as confidential. The City shall maintain the confidentiality of such information to the extent permitted by Oregon Public Records Law (ORS; 192.410 to 192.505). Confidentiality may be claimed under ORS 192.501(2) (trade secrets), ORS 192.501(19) (audits of telecommunications carriers), or other applicable exemptions from Public Records Law. SECTION 13. LOCATION OF FACILITIES Grantee agrees to locate telecommunications facilities underground when the City requests in writing that the specific facility be placed underground. The City agrees that it will not require that any above ground facilities be placed underground unless all other telecommunications facilities within the same stretch of right of way are also required to be placed underground. SECTION 14. INTERFERENCE WITH RIGHTS OF WAY Grantee shall locate and maintain all its telecommunications facilities so that they do not unreasonably interfere with the use of rights of way. Grantee agrees to complete all construction in rights of way so as to minimize disruption of the right of way and utility service and without interfering with other public and private property. Grantee agrees that it will not conduct any work in a right of way during a moratorium on right of way work, except as permitted by the City in case of an emergency. SECTION 15. CONSTRUCTION PERMIT Grantee shall obtain a construction permit prior to engaging in any construction or installation activities within a City right of way and shall comply with all permit terins. SECTION 16. FACILITIES Grantee shall install, construct, operate and maintain its telecommunications facilities in City rights of way in accordiince with all applicable federal, state and local statutes, codes, ordinances, rules and regulations. Grantee agrees not to place any of its telecommunications facilities on or in any City pole, conduit, box or similar equipment without a separate agreement from the City authorizing such placement. SECTION 17. AS BUILT DRAWINGS ORDINANCE No. 02-3 C~, Exhibit A, Page 6 Grantee shall provide City with two complete sets of engineered plans in a form reasonably acceptable to the City showing the location of all its telecommunications facilities within rights of way after initial construction of its system and shall provide the City two updated complete sets of as-built plans at the end of each year whenever any change in location of Grantee's facilities occurs. SECTION 18. RESTORATION OF RIGHTS OF WAY When Grantee, or those acting on its behalf, engages in work in or affecting a right of way or City property, the Grantee shall promptly, at its own expense, restore the right of way or other City property, to good order and condition unless otherwise directed by the City. If weather or other conditions do not permit the complete restoration required by this section, the Grantee shall temporarily restore the affected rights of way or property. Such temporary restoration shall be at the Grantee's sole expense and the Grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. Any corresponding modification t9 the construction schedule may be subject to approval by the City. If Grantee fails to restore rights of way or property to good order and condition, the City shall give Grantee written notice and provide the Grantee a reasonable period of time not exceeding thirty (30) days to restore the rights of way or property. If, after said notice, the Grantee fails to restoie the rights of way or property to as good a condition as exited before the work was undertaken, the City shall cause such restoration to be made at the expense of the Grantee. Grantee, or another person acting on its behalf, shall use suitable barricades, flags, flagging attendants, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such rights of way or property. All such work shall be done in strict compliance with the rules, regulations, ordinances or orders which may be adopted from time to time during the continuance of this franchise by the City Council or City Engineer or as may be otherwise provided by law. The City shall have the right to fix a reasonable time within which such repairs and restoration shall be completed and upon failure of such repairs and restoration being made by Grantee, City shall cause such repairs to be made at the expense of Grantee. SECTION 19. CONSTRUCTION COORDINATION Grantee agrees to make a good faith effort to coordinate construction schedules with the City and other uses of City rights of way. Grantee's coordination efforts shall include, but not be limited to: 4P ORDINANCE No. 02-6-0 Exhibit A, Page 7 a. Providing a work schedule to the City prior to January I for known construction work affecting City right of way for the year starting that date. b. Meeting with the City once per calendar year to schedule and coordinate work. C. Obeying orders of the City Engineer or designee relating to the coordination of construction projects. SECTION 20. RELOCATION OR REMOVAL Grantee shall temporarily or permanently remove, relocate, change or alter the position of any telecommunications facility within the public right of way when requested to do so in writing by the City. The removal, relocation, change or alteration shall be at Grantee's expense when the removal, relocation, change or alteration is needed because of construction, repair, maintenance, or installation of public improvements or other operations of the City within the right of way or is otherwise in the public interest. In the event that the removal, relocation, change or alteration is needed to accommodate private development or other private use of the right of way, the developer or other private party requiring the action shall be responsible for the cost of removal, relocation, change or alteration. The Grantee shall be under no obligation to remove, relocate, change or alter its facilities to benefit a private party unless and until the private party pays a deposit for costs to the Grantee. The City shall specify in the written notice the amount of time for removal, relocation, change or alteration. In the event of emergency, the Grantee shall take action as needed to resolve the emergency, and the City may use any form of communication to direct the Grantee to take actions in an emergency to protect the public safety, health and welfare. SECTION 21. DISCONTINUANCE OR REMOVAL OF TELECOMMUNICATIONS FACILITIES When Grantee plans to discontinue any telecommunications facility, the Grantee shall submit a plan for discontinuance to the City. The plan may provide for removal of discontinued facilities or for abandonment in place. The City Engineer shall review the plan and issue a written order to Grantee specifying which facilities are to be removed and which may be abandoned in place. The order shall establish a schedule for removal. The Grantee shall remain responsible for all facilities until they are removed. Within thirty (30) days written notice to do so from the City, the Grantee shall, at its own expense, reinove unauthorized facilities and restore the right of way. A telecommunications facility that the City Engineer has approved to be abandoned in place is not an unauthorized telecommunications facility. A telecommunications system or facility is unauthorized under the following circumstances: ORDINANCE No. 02-30 Exhibit A, Page 8 a. The telecommunications system or facility is outside the scope of authority granted by this agreement. b. The system or facility has been abandoned and the City Engineer has not authorized abandonment in place. C. The facility is improperly constructed or installed or in a location not permitted by this agreement. If Grantee fails to remove any facility when required to do so under this agreement, the City may remove the facility and the Grantee shall reimburse the City for the full cost of the removal and any administrative costs incurred by the City in removing the facility and obtaining reimbursement. SECTION 22. TERMINATION The City may terminate this agreement for the reasons stated in Tigard Municipal Code Section 5.14.500, applying the standards set forth in Tigard Municipal Code Section 5.14.5 10. Prior to termination, the City shall provide the notice and opportunity to cure provided for in Tigard Municipal Code Section 5.14.520. SECTION 23. EQUALTERMS If at any time subsequent to the execution of this agreement, any other similarly situated provider of similar telecommunications services shall enter into an agreement with the City governing the use of public rights of way whose terms and conditions as a whole are more favorable to that provider than are the terms of this agreement to Grantee, then this agreement may, upon request of Grantee, be modified such that the terms and conditions as a whole as applicable to Grantee are just as favorable as the terms and conditions of the other agreement as a whole are to the other telecommunications service provider. SECTION 24. NATURAL DISASTER For purposes of this subsection, the term "Force Majeure" shall mean acts of God, landslides, earthquakes, lightning, fires, hurricanes, volcanic activity, storms, floods, washouts, droughts, civil disturbances, acts of terrorism or of the public enemy, partial or entire failure of utilities, strikes, explosions, lockouts or other industrial disturbances, insurrections, public riots or other similar events which are not reasonably within the control of the parties hereto. If the Grantee is wholly or partially unable to carry out its obligations under this agreement as a result of Force Majeure, the Grantee shall give the City prompt notice of such Force Majeure, describing the same in reasonable detail, and Grantee's obligations under this agreement shall not be deemed in violation or default for the duration of the Force Majeure. Grantee agrees to use its best efforts to remedy as soon as possible, under the circumstances, Grantee's inability, by reason of Force Majeure, to carry out its responsibility and duties under this agreement. ORDINANCE No. 02130 Exhibit A, Page 9 SECTION 25. COMPLIANCE WITH LAWS AND REGULATIONS Both parties reserve the right to seek a change, amendment, or modification to this agreement to conforin to any applicable state or federal judicial or administrative ruling, state or federal statute, and or state or federal codes, standards, or regulations as may hereafter be enacted, adopted or promulgated. SECTION 26. SEVERABILITY If any section, sentence, clause or phrase of this agreement should be held to be invalid or unconstitutional by a court of competent jurisdiction, the parties shall negotiate changes to the agreement to the extent necessary to make it valid and enforceable. SECTION 27. CAPTIONS Captions are intended to facilitate reading and reference to the sections of this agreement. Captions may be used as a reference aid in interpreting the agreement but shall not be interpreted to be inconsistent with or to alter the written terms stated in the text. SECTION 28. SEPARATE COUNTERPARTS This agreement may be executed in separate counterparts, each of which when so executed shall be deemed to be an original. Such counterparts shall, together, constitute and be one and the same instrument. 7 WITNESS WHEREOF, n~ 2002. I CA the parties have executed this agreement this,~~7 1-ay of CITY OF TIGARD OREGON, a Municipal Corporation By: Mayor jln~riffith ATTEST: Catherine Wheatley, City Recorder Date: 4(-.er,4j,4 Q--2 a L--o~ GRANTEE: TIME WARNER TELECOM OF OREGON LLC By: Time Warner Telecom Holdings Inc., Its sole member By: Title: Date: ORDINANCE No. o2-3o Exhibit A, Page 10 CITY OF TIGARD, OREGON ORDINANCE NO. 02,31 AN ORDINANCE AMENDING CHAPTER 12. 10 WATER SYSTEMS RULES AND REGULATIONS OF THE TIGARD MUNICIPAL CODE WHEREAS, Chapter 12.10 of the Tigard Municipal Code establishes the rules and regulations for, the Water system; and WHERAS, there are code sections relating to operational procedures and practices which no longer apply that need to be deleted; and WHEREAS, changes are needed to Chapter 12. 10 of the TMC to clarify roles and responsibilities of water customers; and WHEREAS, code provisions need to align with current business practices that have evolved over time. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Coucil does hereby amend Chapter 12. 10 of the Tigard Municipal Code as shown in the attached Exhibit "All. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. PASSED: By UnO-11) 61 0'-kO - vote of all Council members present after being read by number and title only, thiso__t_24_'f' day of 2-0- 0-2- Catherine Wheatley, City Re der APPROVED: By Tigard City Council this -day of jjja,~-, 2002. Ir Jaffi-es E. Griffiffi, Approved as to fo 'tity Attorney' ~ , I ~ Date &A ORDINANCE No. 02- 31 Page I Exhibit A TIGARD MUNICIPAL CODE Chapter 12.10 WATER SYSTEM RULES AND REGULATIONS. Sections: 12.10.010 Application For Service. 12.10.020 Use Of Water. 12.10.030 Service Size. 12.10.040 Separate Connection. M M 12,10.045 12.10.050 etffjng aster Furnishing Water. 12.10.060 Private Service Pipes. 12.10.070 Credit For Water Leaks. 12.10.080 Jurisdiction. 12.10.090 Waste - Plumbing - Inspection. 12.10.100 Physical Connections With Other Water Supplies Or Systems. 12.10.110 Cross Connection Control Program. 12.10.120 Payment - Delinquency. (Repealed By Ord. 96-02). 12.10.130 Water Rates. 12.10.140 Discontinuance Of Service. 12.10.150 Interrupted Service - Changes In Pressure. 12.10.160 Service Connection Maintenance. 12.10.170 Main Extensions. 12.10.180 Limitation On The Use Of Water. 12.10.190 Temporary Or Transient Service. 12.10.200 Construction Water. 12.10.210 Meter Out-Of-Order - Test. 12.10.220 Fire Hydrants. 12.10.230 Fire Hydrant - Temporary Use. 12.10.240 Illegal Use Of Fire Hydrant Or Meter. 12.10.250 Amendments - Special Rules - Contracts. 12.10.260 Grievances. 12.10.270 The Public Works Director And Authorized Representatives. 12.10.280 Power To Grant Variances. 12.10.300 Findings And Declaration Of A Water Emergency. 12.10.310 Levels Of Prohibition. 12.10.320 Enforcement. 12.10.330 Penalties. 12.10.340 Water Shut-Off. 12.10.350 Definition. 12.10.010 Application For Service. No service will be supplied or water furnished to any premises without customer first requesti - ith the City, _o*eept uppe. AARAtt-m _F11-l"eft-on- en printed fefms of the Gity. (E) f- d. 9 -3 _3 4 " 12.10.020 Use Of Water. Water will be furnished for ordinary domestic, business and community purposes, and fire protection only. No water will be furnished for the direct operation of steam boilers, machinery or golf courses, except on an interruptible basis, and the City will assume no responsibility therein. (Ord. 93-34) 12.10.030 Service Size. A t d fi d i en with 5/82-* 3/4 " s an af t il ee emmee sefy i !led ~&em l b , the main to the m e er-, w b e ns t fi Th nt of-the sif eet eter- eur- eF :nsWlafi y ne. e pr-eper e shall en ebEff aee ou emp my all n h ti g t r- ma b be re ui red fer- ap e p a ons. i e s y ar-ger- rfle f Th i et q er- sh all be d ees ieFv d b i ze o . e s m Cit th m ent Th e Cit e h tefm ll y ne ib y manage e f b th b il . s din y to be s a d pr-eser- e ft er- o e num d t u h g 9e Fye em o er- an sue ne me i u - - - sh an all b fi e final. bus Hnil Ne eastemer- shall institutien e iness fiifn F r- ffl A emise ate. s othe h y y, h , , t t d b th i p - r- evided t h an t ese eee th t a eus e y ep !b Cit G il eme m r i p a e ; n-nit a o wev a er-, ' e y etme th th -h y p us tefae0s eu ste i me ers m a h i i hi u t e eu steme se i Fy e ll b e eennee h eyen e t en, n w ddifi l d nth fni l nifatim w fi3 r- ea e e afge eb additi fne ena an a enal oustemer- so sup y plied. Sueh 12-10-1 SEICode Update: 12101 TIGARD MUNICIPAL CODE pemit may be feveked and sepmMe sefvie-e eenneefiens fequir-ed at any fifne. (Ord. 93 34) Upon the application for new water service, and 12gyment of all charges, the City will install a :ction and meter of such size and location as--approved by the Public Works Department, Wier and water service piping-ahaU bg_.Iized as usina the fixture count method as described in the State of Oregon Uniform Plumbing Code, The minimum size of any wate meter- which connects to the city water system. shall be five-efizthgffl=e-fQ3jrths inch. 12-10-2 SEICode Update: 12101 TIGARD MUNICIPAL CODE 12-10.040 Separate Connection. A separate service connection will be required for each dwelling, apartment or motel, place of business, and institution. All outlying buildings and premises used as a part of such dwelling place or business or institution may be served from such connection, as well as all buildings on such premises operated under the one management. City shall prescribe the number of buildings to be served from one meter and such determination shall be final. Ne eustemer- Pamish water- te any family, businesq, insfitutiep ether- than these eeeopied by that reAded, hewever- that the G-40o- toc MpItl2cutttmb Ifequifee tit any uFner. 12,10,045 Master Mrtering. The City more than o may 12errnitAhe master metering of ne water service- - The muer shall desioate the 12erson who will be responsible for the payment of all water charges and will acce Vt service of a . ll--water related notices, If any payment is n ot made in full-w-ben due. the City - may terminat J if partial payment is tendered by other occupants of the premises, 12.10.050 Furnishing Water. The City shall not be obligated to furnish and install, at its expense, system facilities for all property within the City. The City shall, so far as reasonable and practicable and within its financial means, however, provide adequate source of supply, necessary primary feeder mains, storage facilities and other improvements necessary to make water service generally available to all areas within the City. Extensions to furnish water to areas not now served by the City will be made at the expense of those persons requesting service. Such extensions will be made by the City or by those expressly authorized by the City. All applications for line extensions to provide new service are subject to review by the City Council. Consideration will be given to the City's ability to serve and to eligibility for annexation to the City of the property to be served. The City may contract with other governmental entities for the provision of water. The terms of service will be defined by agreement and consistent with the terms of this Chapter. (Ord. 93-34) 12.10.060 PAvate Seiwlee Pipes. Service Pipe Standard and Maintenance, All pipes mu t be inst ffem t alled i he meter- te d th . ith engneefifi r-aetiee n aeeef mee a d i t i w d i g p er-der- b the e , ust n ma n a Pi ne n geed b y inehes dee r- eme evided n pes Fau ith t st e laid 24 d p, p fer- dfaina e e n -a fl w a s ep an waste valve f v g , kind ffmst be s - - e leeate d a~eier-ed en e efil ~ in st All ed n net to inteflbr-e with , d - h - - - a s t . es must be e well F r- en -Bnge. t t t d e me een All . . 93 34) Sr,rvice pi the premisea., p e -of whether ee e all sizes, with r domeslic. (Gr-d. in or without commercial. or fire pLQJect ion 12u ses. must be materials. quality, class. and siz e as apecified by the state plumbing code Tho or regul ati ns of the within the Cily~ pumises and throughout its entire le ngth the w ater meter or to he pMea line if -water meter is set bphind the propeM li ne. mu st b kept i n rMair and protected from freezi ng at the ex pense of the customer. less ee. or - a2ent. wh o shall be 12.10.070 Credit For Water Leaks. When a water leak occurs on the customer's side of the water meter resulting in an unusually 12-10-3 SEICode Update: 12101 TIGARD MUNICIPAL CODE high water bill, customers may apply for a credit. The credit is limited to the difference between the average wholesale cost of water multiplied by the number of water units estimated to have leaked, and the total amount of the water bill less normal usage. The average wholesale cost of water is the per unit average cost of water as established by the Intergovernmental Water Board at the beginning of each fiscal year. The application to the City for the credit must be in writing and must include proof of the leak being fixed within 10 days of discovery of the leak. Any applications for credits greater than this code section allows will be considered by the Intergovernmental Water Board. (Ord. 96-39; Ord. 96-02; Ord. 93-34) 12.10.080 Jurisdiction of Water System. uts All se of the rviee e s t emeeti th etts, m h hi eter-9, h mains i and - d p emee t the ys em i retig b w e d th weAe r- s set ve , h p r-e e Ft e p pes f th eyen Cit e d Fnete d i r-, are l t e i p p eentf y el N e e er-se y, a n the n un - th er- ts th P exe u bli W s ye d Dir-ee . ter- e p r- a th e r -i d an e u h ll e i t ll e Es sefvi ee m ti e ake an r ze p t i er-son t s a th ns a t any eff- , er- t y h - i ex ens t en, uf i n e t & wa er- e i h n er- h , water e - er- th The o er w se e system peration ampe . (Ord and re r- er- . 93-34 pair o n ef r- ) f the C e w t ity's w t e ate syste m- includin g pi pQs. valves - pu mps. reser voirs. fixtur es, et c. is the com plete respo nsibil ity of lhe Cily's Publ ic W orks Depa rtmen t. No plumb eL con tracto r. or o tbe perso n wil l be all owed t o conn ect to or ope rate any-m art o f the C ity's w ater s ystem un to and 12.10.090 Waste - Plumbing - Inspection. Water will not be furnished to premises where it is allowed to run or waste to prevent freezing or through defective plumbing or otherwise. Plumbing should be of high test and first class and in conformance with the appropriate codes of the jurisdiction issifing the building permit and where pressures may become high on 5/8" x 3/4" and I" meters, a pressure regulator may be installed at the meter by the City to control varying pressures. (On meters 1 1/2" and larger, customer is responsible for installing a pressure regulator.) The City will not be responsible for damage from varying pressures. The Public Works Director or authorized person may inspect pipes and plumbing at proper times. (Ord. 93-34) 12.10.100 Physical Connections With Other Water Supplies Or Systems. Neither cross connections nor physical connections of any kind shall be made to any other water supply, whether private or public, without the written consent and approval of the City Council, and the written approval of the Oregon State Board of Health. (Included in this category are all pipe lines, appurtenances and facilities of the City system and all pipes, appurtenances, pumps, tanks, storage reservoirs, facilities, equipment, appliances, etc., of other systems whether located within or on public or private property, or the premises of a water customer.) The City's Public Works Director or other authorized representative shall have the right, at all reasonable times, to enter upon private property to inspect the premises of customers for physical connections with other water supplies. However, before entering upon private property, the Public Works Director or other authorized representative shall obtain the consent of an occupant or a warrant of the Municipal Court authorizing entry for the purpose of inspection. Any such connection shall be removed by the customer within ten days after written notice to remove is given by the City. If not removed within the time specified, the City may remove or discontinue any connection which it may have for servicing the property. 12-10-4 SEICode Update: 12101 TIGARD MUNICIPAL CODE No search warrant shall be issued until an affidavit has been filed with the Municipal Court showing probable cause for the inspection by stating the purpose and extent of the proposed inspection citing this Chapter as the basis for the inspection whether it is an inspection instituted by complaint or other specific or general information concerning physical connections with water supply systems violations. Rules, Ch. 333-61.070). C. It shall be the objective of the City to protect the potable water system from contamination or pollutign due to cross connections. Water service to any premises shall be contingent upon the customer providing cross connection control in a manner approved by the City. Backflow devices required to be installed shall be a model approved by the Oregon State Health Division. No person shall interfere with or attempt to prevent the Niblic Works Director or other authorized representative from entering upon private premises and inspecting the property when an emergency exists or the Public Works Director or authorized representative exhibits a warrant authorizing entry. (Ord. 93-34) 12.10.110 Cross Connection Control Program. The purpose of this section is to protect the water supply of the City from contamination or pollution from potential cross connections; and to assure that approved backflow devices are tested annually as follows: A. The installation or maintenance of any cross connection which would endanger the water supply of the City is prohibited. Any such cross connection now existing or hereafter installed is hereby declared unlawful and shall be rectified as directed by the City or its authorized representative(s). B. The control or elimination of cross connections shall be in accordance with the regulations of Oregon State Health Division. The policies, procedures, and criteria for determining appropriate levels of protection shall be in accordance with the Accepted Procedure and Practice in Cross Connection Control Manual, Amer. Water Works Association, Pacific Northwest Section, current edition (OR Admin. D. Authorized employees of the City with proper identification shall have free access at reasonable hours of the day to those parts of a premise or within buildings to which water is supplied. Water service may be refused or terminated to any premise for failure to allow necessary inspections. E. These requirements must be strictly observed as a matter of public health and to prevent any possible contamination of the water system. (Ord. 93-34) 12.10.120 Payment - Delinquency. (Repealed by Ord. 96-02). (Repealed by Ord. 96-02, Ord. 96-02; Ord. 93-34) 12.10.130 Water Rates. All rates, fees and charges shall be set by resolution of the Tigard City Council. (E)Fd. 93 34) 12.10.140 Tem gqry Discontinuance Of Service. _Tslup W discontinuance of service for 30 -QL - days or m ore will be ma le-2goff-Hilb2UL~ upon when the customer notifies the City of date of intent. ti "tten e"heatien, md provided all bills are paid. 'Ord. 93-34) 12-10-5 SElcode Update: 12101 TIGARD MUNICIPAL CODE 12.10.150 Interrupted Service - Changes In Pressure. The water may be shut off at any time for repairs or other necessary work with or without notice. Conditions may cause a variation of the pressure. The City will not be responsible for any damage caused by interruption of service or varying pressure. When service is interrupted, hot water faucets should be kept closed to prevent backflow of hot water or steam. (Ord. 93-34) 12.10.160 Service Connection Maintenance. The City will maintain all standard service connections in good repair without expense to the customers. Each customer is required to use reasonable care and diligence to protect the water meter and meter box from loss or damage by freezing, hot water, traffic hazards, and other causes, in default of which, such customer shall pay to the City the full amount of the resulting damage. Each customer is required to maintain ve,eetation and other obstruction free zone of minimum of two feet around the meter box. Clear access to the meter shall be fro the street side in a direct l2ath to the Water m --r. ---Failure to maintain the area will result in City personnel clearing the area to meet the City's meter readinLy and maintenance needs, -Customer will be charged any relate - expenses of the City in clea ng the area. City shall have no liability for trimmini! or . taining vggetation in order to =ad meters. (Ord. 93-34) 12.10.170 Main Extensions. All extens:e-s Faftifis and4atefa6-of the City, andAnstalled by the G ' shall be paid 0/ Plus 10, and supeFvisien, and 83; for- engineering. The estimated eest thefeef-, tegethef: with stieh 18Vo,, shall be deposited with the GIty wh i-en appheatien fer- seeh main extensiea&+j-nmde.- B. Designed by Gthem,-4nstalled-by--the "Sien ef illsWlatien ef impr-evements is pei-Tefined by lieensed engifteen, s*eet te appr-eyal by the City, and ifisWled by the Gity, a fee shall be paw ef 10% fer- ad-i-is-tien inspeetiens, weAer- less, sampling, ete., and 294 &1 Ths PnQt eest thefeef-, tege W -iiiA,1Zll be depesited with the Gity when a"heatien fer- stieh main extensieng is made. G. Designed and Installed by Others. When design or supervision of installation of improvements is performed by licensed engineers, and installation is performed and paid for by others, subject to approval by the City, a fee in accordance- with the Fees and Charges Schedule shall b ed ef-42-Va-ef eenstm-t;en shall be imposed fe Size of such extensions, type of pipe, location, gate valves, fixtures, fire hydrants and other fittings shall be under City specifications and subject to City approval, and such mains shall be laid from the end of the existing main to the far end of the property to be served. No lines or laterals shall be laid until the estimated cost thereof, as hereinabove set forth, shall have been deposited with the City. All such extensions of mains and laterals, and installation of fire hydrants shall be the sole property of the City, without right of immediate refund on the part of the person or persons paying for such extension or on the part of any person or persons whomsoever. No extension of main will be permitted, accepted or served by the City unless such line be at least a 6- 12-10-6 SEICode Update: 12101 TIGARD MUNICIPAL CODE inch diameter pipe. Short extensions, such as cul- de-sacs, can be of small diameter upon approval of the City. When a person is required to pay the cost of extending a water main adjacent to property other than that person's own so that water service for domestic use is provided for such other property without further extension of the water main, the City shall require the owner of the other property, prior to providing water service to that property, to refund to the person required to pay the cost of extending the water main, a pro rate portion of the cost of extension. The right to require such reffind shall not continue for more than 10 years after the date of installation of the extension of the water main. The amount to be refunded shall be determined by the City and such determination shall be final. Each construction contractor shall be approved by the City's Public Works Director prior to installing pipe lines, pumps, etc. Those installations made by private contractors will be thoroughly inspected and approved by the City to ensure compliance with plans and specifications. Back-filling of trenches prior to City approval is unauthorized. If water main extension is necessary to serve an existing single family dwelling and the main size required by the City is larger than a 6" The expense of the installation across the front of their property, plus the cost of the meter will bo with the developer or owner requesting the extension. The developer or owner requesting the construction project shall be liable for any added cost due to design difficulties. Applicant(s) will agree to be bound by and comply with the City's main extension policy and rules and regulations and any subsequent revisions or amendments to same which may be made from time to time. (Ord. 93-34) 12-10-7 SEICode Update: 12101 TIGARD MUNICIPAL CODE 12.10.180 Limitation On The Use Of Water. A. Limitation on the use of water as to hours, purpose, or manner may be prescribed from time to time by order of the Public Works Director, based on a finding that the limitation is reasonable given the available and projected water supply and demand. Any order under this section shall be reviewed by City Council at its next session following issuance of the order. The City Council may affirm, withdraw or amend the order. 12.10.210 Meter Out-of-Order - Test. If a meter shall fail to measure accurately, the bill shall be the average for the same periods in prior years. Tests will be made periodically without charge to the customer. A customer may demand a test upon payment of a charge for such test. The rates, fees and charges for this test shall be set by resolution of the City Council. (Ord. 93- 34) B. The Public Works Director, the City Manager or the City Council may call for voluntary reductions in water use, including, but not limited to, voluntary rotational watering plans. (Ord. 01-15 §1, Ord. 93-34) 12.10.190 Temporary Or Transient Service. Temporary or transient service for construction work will be rendered upon deposit in advance of connection charge and one month's estimated water bill, and payment on the first of each month of all accrued charges. Upon discontinuance of service, refund will be made for all connection materials usable by the City at their depreciated value, less the cost of removal and all charges due. No temporary service shall be installed for any residence or building where permanent service connection may later be installed. (Ord. 93-34) 12.10.200 Construction Water. Rates, fees and charges for water used via a permanent meter installation for construction purposes shall be set by resolution of the City Council. The charges shall be billed at completion of construction, but shall not exceed a period of 6 months, unless authorized by the City. (Ord. 93-34) - Fi~e hydr-ants will be installed b t i advan i t f y the GiVy ee ef the n paymen upon r-eee p o fia f th h df-ant t ti A d in q- --and e e y , ees es me e g , installatien, plids 10% fer- ever-head. (O rd. 93 3 4) 12.10.230 Fire Hydrant - Temporary Use. Any person who desires to use a fire hydrant for temporary water supply must obtain permission of the City. The charge for temporary use shall be set by resolution of the City Council. Customer is responsible for repair and/or replacement of damaged meter. (Ord. 93-34) 12.10.240 Illegal Use Of Fire Hydrant Or Meter. The penalty fer- eenneetien Connection o, a fire hydrant or meter without proper authority is a SWO fine. Class I civil infraction, (Ord. 93-34) 12.10.250 Amendments - Special Rules - Contracts. The City may at any time amend, change or modify any rule, rate or charge, or make any special rule, rate or contract, and all water service is subject to such power. (Ord. 93-34) 12-10-8 SEICode Update: 12101 TIGARD MUNICIPAL CODE 12.10.260 Grievances. Any grievance as to service or complaints shall be made to the Public Works Director, who shall attempt to resolve the problem. Any unresolved grievances as to service or complaints shall be reported and will be considered by the Intergovernmental Water Board at the Board's next meeting. (Ord. 93-34) failure or any other event, the City Council may declare a water emergency and require that water usage must be curtailed. The declaration shall include the effective date, the reason for the declaration and the level of prohibition declared. The City Council may include an estimated time for review or revocation of the declaration. (Ord. 01-15 §2) 12.10.310 Levels Of Prohibition. 12.10.270 The Public Works Director And Authorized Representatives. The Public Works Director or an authorized representative are not authorized to make any changes in these rules, rates, or regulations. (Ord. 93-34) 12.10.280 Power To Grant Variances. A. Except when prohibited by subsection B of this section, upon application, the Intergovernmental Water Board may grant variances from the water system rules and regulations enacted by the City of Tigard when it finds that: 1) strict application of the rules and regulations create undue economic hardship for the applicant with no significant benefit to the water system; 2) the variance requested has no material adverse effect upon the water system and it is consistent with established policies of the Tigard City Council. B. The Intergovernmental Water Board may not grant variances relating to annexation of property, fire protection requirements, cross- connection requirements, fees, rates and charges. (Ord. 93-34) 12.10.300 Findings and Declaration of a Water Emergency. Upon finding that the municipal water supply is incapable of providing an adequate water supply for normal usage due to a drought, system A. Level I - Limited. The following activities or actions are prohibited under a Level I declaration: 1. Watering, sprinkling or irrigating lawn, grass or turf; exceptions: (a) New lawn, grass or turf that has been seeded or sodded 90 days prior to declaration of a water shortage may be watered as necessary until established; (b) High-use athletic fields that are used for organized play; (c) If the Level I declaration so provides, a mandatory rotational watering plan may be imposed rather than an absolute prohibition on watering. 2. Watering, sprinkling or irrigating flowers, plants, shrubbery, ground cover, crops, vegetation or trees except from 6:00 p.m. to 10:00 a.m. 3. Washing, wetting down or sweeping with water, sidewalks, walkways, driveways, parking lots, open ground or other hard surfaced areas; exceptions: 12-10-9 SEICode Update: 12101 TIGARD MUNICIPAL CODE (a) Where there is a demonstratable need in order to meet public health and safety requirements, such as: to alleviate immediate fire or sanitation hazards; for dust control to meet air quality requirements mandated by the Oregon Department of Environmental Quality; (b) Power washing of buildings, roofs and homes prior to painting, repair, remodeling or reconstruction, and not solely for aesthetic purposes. and streams, unless the water is recirculated through the decorative water feature. Water features that do not include continuous or constant inflowing water are not included. 6. Wasting water by - leaving unattended hoses running. 7. Water line testing and flushing in connection with construction projects; exception: (a) Testing and flushing of critical water facilities. 4. Washing trucks, cars, trailers, tractors and other land vehicles or boats or other water-borne vehicles, except by commercial establishments or fleet washing facilities which recycle or reuse the water in their washing processes or by bucket and hose with a shut-off mechanism; exception: (a) Where the health, safety and welfare of the public is contingent upon frequent vehicle cleaning, such as: to clean garbage trucks and vehicles that transport food and other perishables, or otherwise required by law. Owners/operators of these vehicles are encouraged to utilize establishments that recycle or reuse the water in their washing process. 5. Cleaning, filling or maintaining decorative water features, natural or manmade, including, but not limited to, fountains, lakes, ponds 8. Other actions that the City Council determines should be restricted, consistent with a Level I situation, including any restriction or curtailment imposed on the City by water suppliers or applicable law, regulation or order. B. Level 11 - Moderate. The following activities or actions are prohibited under a Level 11 declaration: 1. Actions and activities prohibited in a Level I situation. 2. Watering of any lawn, grass or turf, regardless of age or usage. 3. Watering, sprinkling or irrigating flowers, plants, shrubbery, groundcover, crops, vegetation or trees. 4. Washing of vehicles other than in establishments that recycle. 5. Power washing of buildings, regardless of purpose, is prohibited. 12-10-10 SEICode Update: 12101 TIGARD MUNICIPAL CODE 6. Any additional actions that the City Council determines should be restricted consistent with a Level II situation. C. Level III - Severe. In addition to the restrictions imposed under Level I and Level 11, the City Council may impose any other restriction on water use or activities that may require the need for water supplies, consistent with the City water supply contracts. Activities that may require the need for water supplies include fireworks displays and other events that create a risk of fire. In imposing a Level III restriction, the City Council shall consider any restriction recommended by the Public Works Director or by any Fire District serving the City. (Ord. 0 1 - 15 §3) 12.10.320 Enforcement. A. Warning. The City shall send a letter of warning for each violation of a curtailment restriction if no previous letter of warning has been sent to the person responsible for the violation. The letter of warning shall specify the violation, may require compliance measures and shall be served upon the person responsible for the violation. Service may be in person, by office or substitute service or by certified or registered mail, return receipt requested. 12.10.330 Penalties. A. First Violation - Warning letter. B. Second Violation of the same type - Class 3 infraction $50. C. Third violation of the same type - Class 2 infraction $100. D. Fourth and subsequent violations of the same type - Class I infraction $250. (Ord. 01-15 §5) 12.10.340 Water Shut-Off. Aller the third violation of a curtailment restriction, the Public Works Director may order that the water service to the location where the violation has occurred shall be shut-off or reduced. A shut-off notice shall be posted on the property at least 48 hours prior to the scheduled shut-off or reduction. The shut-off notice shall specify the reasons for the shut-off or reduction. Any person wishing to avoid a shut-off must provide the Public Works Director with evidence that the shut-off will create a health or ~afety risk. All shut-offs imposed under this section shall be temporary, not to exceed thirty (30) days, provided the applicable charges are paid prior to reconnection. The reconnection charge and, if applicable, the meter disconnection charge imposed under Section 12.03.030 shall be paid before the reconnection. (Ord. 0 1 - 15 §6) 12.10.350 Definition. B. Civil Infraction. After the person responsible for the violation has received a warning letter, any subsequent violation shall be treated as a civil infraction under Chapter 1.16. (Ord. 01-15 §4) As used in Sections 12.10.180 through 12.10.350: "Rotational watering plan" means a plan for watering lawns and/or gardens on specific days or at specific times and not on other days or times. A rotational watering plan may be voluntary or mandatory. (Ord. 01-15 §7) 0 12-10-11 SEICode Update: 12101 CITY OF TIGARD, OREGON L21:z, ORDINANCE NO. 02- / AN ORDINANCE EXEMPTING PROPERTIES THAT ARE ZONED MUR I OR 2 THAT WERE ZONED COMMERCIAL PRIOR TO MARCH 28, 2002 FROM MEETING CERTAIN REQUIREMENTS BEFORE BEING PERMITTED TO HAVE A COMMERCIAL USE. WHEREAS, the Washington Square Regional Center Plan was a multi-year plan that was started in 1997 and adopted and implemented in February 2002, and WHEREAS, there were several new zoning districts designated in the Regional Center including the Mixed Use Residential (MUR) I and 2 zoning designations; and WHEREAS, the MUR I and 2 zoning designations permit commercial uses only after the minimum residential density is met; and WHEREAS, there are 10 properties that had been zoned commercial prior to the implementation of the Regional Center Plan and zoning; and WHEREAS, many of these properties have already been developed with commercial uses which would become non-conforming, and other properties were vacant and the owners had plans to develop as commercial only uses; and WHEREAS, the City Council felt it appropriate to address this unique issue so as not to create inuncdiate non-confonning uses or add undue burden on property owners' ability to develop their property; and WHEREAS, if these 10 properties are exempted from meeting the residential density requirement, the City would continue to comply with Metro's target capacity requirements; and Vv`HEREAS, the propertics would continue to be permitted and encouraged to develop with all residential or mixed use developments; and WHEREAS, the Planning Commission held a public hearing, which was noticed in accordance with the City standards, on 6-17-02 and voted unanimously to recommend approval of the requestcd amendments to the City Council; and WHEREAS, the City Counci I held a public hearing, which was noticed in accordance with City standards, on 7-23-02 and 8-27-02 and voted to approve the proposed amendments; and WHEREAS, the decision to adopt was based on compliance with Oregon Statewide Planning Goals #1, #2, 119, and It 10; Metro functional Plan Titles I and 7; Comprehensive Plan Policies 1. 1. 1, 2.1.1, 2.1.2, 5.1 and 6. 1. 1; and Conununity Development Code Chapters 18.380.020 and 18.390.060 as detailed in the staff report (Exhibit A), ORDINANCE No. 02-32- Page I NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The requested amendments are approved based on the analysis and findings in the staff report (Exhibit A). SECTION 2: The adopted development code text amendments, are shown in Exhibit B and the affected properties are shown in Exhibit C. 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. PASSED: By LAYUMiMOU5 vote of all. Council members present after being read by number and title only, this Q-1 dayof`A~~~ 2002. , city L-k APPROVED: By Tigard City Council this Q-1 day 2002. r, hPAIIJ I k , a I 1F41P 4 4 9 M - - es 11 CO -,I o Amroved as to form: Attorney I . -)_-I , d Date ORDINANCE No. 02-:32- Page 2 EXHIBIT "A" PLANNING COMMISSION RECOMMENDRION TO THE TIGARD CITY COUNCIL CITY OF TIGARD Community Development Shaping A Better Community SECTION 1. APPLICATION SUMMARY CASE NAME: MIXED USE RESIDENTIAL (MUR 1 &2) DEVELOPMENT CODE AMENDMENTS CASE NO.: Zone Ordinance Amendment (ZOA) 2002-00003 PROPOSAL: The request is to modify the existing Tigard Development Code language to exempt certain Mixed Use Residential (MUR 1 and 2) properties from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. The exemption would only apply to properties in the Washington Square Regional Center that were zoned commercial prior to March 28, 2002. There are 10 parcels (totaling 5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption applies to and are impacted by this amendment. Approximately 1.63 acres were identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be deducted from the potential capacity numbers, if no residential use were constructed on these lots, is approximately 42 units. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONE: Mixed Use Residential (MUR) 1&2 LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional Center, generally west of Hall Blvd. and east of Ash Creek. The specific parcels affected by this amendment are identified as Assessor's map and tax lot numbers: 1S135AA-0400, 1S135AA-1400, 1S135AA-1900, 1S135AA-1901, 1S135AA-2000, 1S135AA-2500, 1S135AA-2600, 1 S1 35AA-2700, 1 S1 35DA-2000, and 1 S1 35DA-1 900. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.12.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9, and 10; and Metro Functional Plan Titles 1 and 7. SECTION 11. RECOMMENDATION The Planning Commission recommends that the City Council APPROVE the requested Zone Ordinance Amendment. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE I EXHIBIT "All SECTION 111. BACKGROUND INFORMATION and REQUEST The City Council adopted the Washington Square Regional Center Plan and code amendments in March of 2000. The effective date of those amendments was delayed until March of 2002 at which time the Council reviewed the work completed by the Task Force for the implementation phase of the plan. It was determined that the implementation plan adequately addressed Council's previous concerns and Council passed a resolution implementing the plan. At the City Council hearing, however, testimony was received from a property owner who owned property zoned neighborhood commercial and who would no longer be able to build as he had planned under the new zoning of mixed use residential (MUR). The MUR 1 and 2 zones allow commercial development but require that the minimum density be met in order to have a commercial component. While the Council felt that the plan itself was acceptable and implemented the zoning, they felt that it was necessary to look at this issue in more detail and directed staff to provide additional information on the issue. A concern for staff was that all similar properties be treated the same and, if Council felt changes were needed, it should be simple, fair and consistent among all similarly affected properties. Staff determined that there are 10 properties in the City of Tigard that had a commercial zone and were changed to mixed use residential (MUR 1 or MUR 2). Because these properties were at one time not required to be mixed use in order to develop any commercial uses and the new standards could result in a non-conforming use or properties having restrictions, it was determined that an exemption to the minimum density requirement may be appropriate. On the direction of Council, staff drafted a proposed amendment to the development code which exempts the 10 properties previously zoned commercial from being to required to build a minimum residential density before being permitted to construct a commercial use. The total acreage of these 10 properties is 5.25 acres. Only 1.63 acres were considered vacant or re- developable for computation of target population numbers. Potential removal of this 1.63 acres from residential development equates to a loss of approximately 42 units. The densities provided by the Washington Square Regional Center bring the City above its target capacity number requirements by more than this amount. Therefore, if these properties do not include a residential component, the City would continue to exceed its target capacity numbers. It should be noted that residential only and mixed use developments would continue to be permitted and encouraged on these properties if they develop or re- develop. The Planning Commission held a public hearing on June 17, 2002. After deliberation, the Planning Commission voted unanimously to forward a recommendation of approval to the City Council. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.06OG states that the recommendation by the Commission and the decision by tile Council shall be based on consideration of the following factors: A. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; B. Any federal or state statutes or regulations found applicable C. Any applicable Metro regulations D. Any applicable Comprehensive Plan Policies; and E. Any applicable provisions of the City's implementing ordinances. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 2 EXHIBIT "A" SECTION V. ANALYSIS A. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal I - Citizen Involvement: This goal outlines the citizen Involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Analysis: This goal has been met by complying with the Tigard Development Code' notice requirements set forth in Section 18.390. Notice was mailed to all affected property owners (property that was zoned commercial prior to the implementation of the Washington Square Regional Center Plan) and properties within 500 feet of the affected properties. Notice was also published in the Tigard Times Newspaper prior to the hearing. In addition, after the hearing before the Planning Commission, additional notice was published prior to the City Council Hearing. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Conclusion: This goal is met. Statewide Planning Goal 2 - Land Use Planning: This goal outlines the land use planning process and policy framework. Analysis: The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. Conclusion: This goal is met. Statewide Planning Goal 3 - Agricultural Lands This goal requires, in part, that adopted comprehensive plans be revised to preserve and maintain agricultural lands. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not affect any designated agricultural land. Conclusion: This goal is not applicable. Statewide Planning Goal 4 - Forest Lands This goal requires, in part, that adopted comprehensive plans be revised to preserve and maintain forest lands. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not affect any acknowledged forest lands. Conclusion: This goal is not applicable. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 3 EXHIBIT "All Statewide Planning Goal 5 - Natural Resources Requires the Inventory and protection of natural resources, open spaces, historic areas and sites suitable for removal and processing of mineral and aggregate resources. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not affect any natural resources. While several properties are located within the 100 year floodplain, the provisions of the amendment will not allow any more development within or adjacent to the floodplain than the current standards. All regulations protecting these resource areas will continue to protect them. Conclusion: This goal is not applicable. Statewide Planning Goal 6 - Air, Water and Land Resource Quality This goal is intended to maintain and improve the quality of air, water and land resources of the state by controlling waste and process discharges. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on the compliance with Air, Water and Land Resource Quality regulations. Conclusion: This goal is not applicable. Statewide Planning Goal 7 - Natura('Disasters and Hazards This goal is intended to protect life and property from natural disasters and hazards. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on the compliance with natural disaster and natural hazard regulations. Conclusion: This goal is not applicable. Statewide Planning Goal 8 - Recreational Needs This goal requires that the recreational needs of the citizens of the state and visitors be considered and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on the compliance of Statewide Planning Goal #8. Conclusion: This goal is not applicable. Statewide Planning Goal 9 - Economic Development: This goal requires the provision of adequate opportunities for a variety of economic activities. Analysis: The proposed amendment continues to provide a variety of economic activities (both commercial and residential). In addition, properties that were intended to be developed as commercial only uses will not be required to go through a re-design process in order to comply with the new standards. Mixed use development continues to be an acceptable and encouraged alternative. Conclusion: This goal is met. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 4 EXHIBIT "A" Statewide Planning Goal 10 - Housing: This goal requires that plans encourage the availability of adequate numbers of needed housing units at various price ranges and rent levels and allow for flexibility of housing location, type and density. Analysis: The amendment will continue to allow for mixed use and residential only development for these MUR properties, therefore the availability of housing on these properties remains. Conclusion: This goal is met because the opportunity for housing at various price ranges and rent levels remains the same. Statewide Planning Goal 11 - Public Facilities and Services This goal requires planning and development of a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for development. Required public facilities and services are to be provided at levels necessary and suitable for existing uses. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on compliance with the Statewide Planning Goal #11. Conclusion: This goal is not applicable. Statewide Planning Goall. 2 - Transportation This goal Is intended to provide and encourage a safe, convenient and economic transportation system. This Goal Is implemented by Oregon Administrative Rule 660-12, which is also known as the Transportation Planning Rule (TPR). Section 660-12-060 states that plan amendments which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on compliance with the Statewide Planning Goal #12 and transportation facilities are not altered as a result of this amendment. Conclusion: This goal is not applicable. Statewide Planning Goal 13 - Energy Conservation This goal requires that land and uses developed on land shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles. Analysis: This goal is not applicable to the proposed Development Code amendment because the amendment does not have an impact on compliance with the energy conservation goals. Conclusion: This goal is not applicable. Statewide Planning Goal 14 - Urbanization This goal requires the orderly and efficient transition from rural to urban land use. Analysis: This goal is not applicable because the urban growth boundary and transition from urban to rural zoning is not part of the proposed Development Code amendments. Conclusion: This goal is not applicable. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 5 EXHIBIT "All Statewide Planning Goal 15 - Willamette River Greenway Required protection, conservation and enhancement of lands along the Willamette River Greenway. Analysis: The Washington Square Regional Center is not within the Willamette River Greenway, therefore, this goal does not apply. Conclusion: This goal is not applicable. Statewide Planning Goal 16 - Estuarine Resources This goal requires recognition and protection of unique environmental, economic and social values of each estuary and associated wetlands and, where appropriate, protect, maintain and restore the long-term environmental, economic and social values diversity and benefits of Oregon's estuaries. Analysis: The Washington Square Regional Center does not have any estuaries, therefore, this goal does not apply. Conclusion: This goal is not applicable. Statewide Planning Goal 17 - Coastal Shorelands This goal requires conservation, protection and, where appropriate, restoration of coastal shorelands. Analysis: The Washington Squarec' Regional Center is not located at the beach or along a coastal shoreland, therefore, this goal is not applicable. Conclusion: This goal is not applicable. Statewide Planning Goal 18 - Beaches and Dunes This goal requires conservation, protection, and where appropriate, restoration of coastal beaches and dunes. Analysis: The Washington Square Regional Center is not located at the beach and there are no dunes within the Regional Center, therefore, this goal is not applicable. Conclusion: This goal is not applicable. Statewide Planning Goal 19 - Ocean Resources This goal requires conservation of the long-term values, benefits, and natural resources of the nearshore ocean and the continental shelf. Analysis: The Washington Square Regional Center is not located at the beach or along a coastal shoreland, therefore, this goal is not applicable. Conclusion: This goal is not applicable. FINDING: The proposed amendment Is in compliance with all applicable statewide land use goals as documented In the above analysis and conclusions. PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-OM3 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 6 EXHIBIT"Apy B. Any federal or state statutes or regulations found applicable; The amendment removes the requirement to construct the minimum residential density in the MUR 1 and 2 zones before being permitted to have a commercial component. There are no federal or state statutes that require a mixed use zone to develop with a residential component (while this is encouraged). Regional (Metro) requirements apply and are discussed further in this report. FINDING: There are no federal or state statutes or regulations applicable to this amendment. C. Any applicable Metro regulations; Metro Title 1, which specifies requirements for housing and employment accommodation and Metro Title 7, which discusses affordable housing requirements are applicable to this amendment. The Washington Square Regional Center Plan was developed in accordance with the policies of Metro's 2040 Growth Concept. In addition, the densities required in the regional center help the City and Washington County to achieve their target population numbers. The removal of density could therefore impact the compliance with the target population numbers. In the case of this amendment, however, it has been determined that the amendment will not result in the City being out of compliance with its target capacity requirements. The City exceeds its target capacity requirements by approximately 200 units. If the MUR properties previously zoned commercial were all developed as commercial only uses, it would result in a loss of approximately 42 units. This calculation takes into account the properties considered vacant or re-developable when the initial capacity calculations were completed. In addition, while this amendment removes the requirement to have a residential use, it does not prohibit a developer from constructing a mixed. use or residential only development. FINDING: The amendment does not bring the City out of compliance with any Metro regulations. D. Any applicable Comprehensive Plan Policies; and Policy 1.1.1(a) requires that legislative changes are consistent with statewide planning goals and the regional plan adopted by Metro. The proposal is consistent with Statewide Planning Goals as addressed above under 'Statewide Planning Goals'. The proposal is consistent with the applicable portions of the Metro "Urban Growth Management Functional Plan" that was adopted in October, 1996, by Metro, as discussed within this report. Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved In all phases of the planning process. Policy 2.1.2 states that opportunities for citizen involvement shall be appropriate to the scale of the planning effort. The Planning Commission and City Council hearings have been legally advertised. Notice has been sent to property owners of affected properties and within 500' of affected properties and has been published in the Tigard Times to ensure that citizens will have the opportunity to learn about the hearing and to participate in it. Policy 5.1 states that the City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market. The proposed amendment continues to provide a variety of economic activities (both commercial and PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003 MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 7 EXHIBIT "A" residential). In addition, properties that were intended to be developed as commercial only uses will not be required to go through a re-design process in order to comply with the new standards. Mixed use development continues to be an acceptable and encouraged alternative. Policy 6.1.1 states that the City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. The amendment will continue to allow for residential development for these MUR properties, therefore the availability of housing on these properties remains. FINDING: Based on the analysis above, the applicable Comprehensive Plan policies have been met. E. Any applicable provisions of the City's Implementing ordinances. The only applicable City Development Code standard is Chapter 18.380 which regulates amendments. While 18.520 will be amended, there are no specific criteria in 'this section that needs to be reviewed in order to make this decision. The Tigard Development Code Section 18.380 outlines the process for reviewing Development Code Text Amendments. FINDING: This staff report and the findings herein show that all applicable provisions of the Tigard Development Code have been addressed and are met with the proposed amendment. SECTION VI. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS City of Tigard Current Planning Division, City Administration, Planning and Engineering Technicians, City of Beaverton, Metro Land use and Planning Growth Management, DLCD, The Oregon Department of Transportation, and Washington County have all had an opportunity to review this proposal and have offered no comments or objections to the proposed zone change. e~a /4;w- PREPARXBY: )fflia HaJduk Associate Planner June 24, 2002 DATE SIGNED: Marlf Padgett Planning Commission Chair 1:\Irpln~ulia\zoa\mur\zoa2OO2-00003PC recommendabon.doc PLANNING COMMISSION RECOMMENDATION AND FINDINGS MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT t J- 2- ~ -,q)t, DATE ZOA2=-00003 PAGE 8 EXHIBIT "B" co w z 0 w 0 ui -i w CO) M le- d cm w LU -i ca (L Ix w CL W w a. m z z b u Q z a: z o z m u o u z w zzzz A ui 04 C m V- fL clf W w w w w m z z o o o m m m o m m m o m m m Zzmz rq a. of w w w af w m z z n (L CL C) C) a. < < 0- 0- z l z l z z z z z o o z m m m o m m u o m m m ozmz w Z Z IX z z z z z z z 0 0 0 m m m u m m r- o m m m Zzmz l< ix a. c) w z z z z z z z o z m m m m o m m m z m (L CL o- a_ 0 a. n -4 < < < < 7 ~ V w z z w - z z z z - z - z - z O Z Z M (L M O m a c-) z cL ' w w zwmz C.) lx o o w z z z z z z z z z z m m m o m m m z m m m ommo t) Q ' ' w z z w z z z z z z z z z m m m m z m m o z o z m Zzmz N l< l< l< C.) z z z w z z z z z z z o z z m M m o a- m o z o z o Zzmz (D M E 2 9 Z B E ca -o E 4) < z a 0 U) R U) W w r 2 w.G E a) E c 0 U) w n c 0 - a 3, (DE LS.G , Lij co- M o - 0 -J . 0 = C2 0- Z 0 - D D CL (D F- n w - o 0 o 5 Cls t 0 c . a vz W E 4 0 W'E 4) > = w i -U a .S co . 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I m I I 1 0 co Z Z s m . . . w w b 0 a I I !r2 1 0 : 1 0 cu a 0 0 L) r N U) (D ca (D "D 0 0 C~ Cl) 0 CL 2 a- 'All permitted and conditional uses subject to special development standards contained in 18.520.050A. 2 Permitted subject to requirements Chapter 18.742. 3 See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and restricted facilities. 4 Uses operating before 7:00 AM and/or after 10:00 PM are conditional uses. 5AII permitted, limited and conditional uses must meet special development standards in 18.520.050B. 6 Residential units permitted by right, as a mixed use in conjunction with a commercial development, on or above the second floor of the structure, at densities not to exceed 12 units/net acre. 7 Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are limited to 40,000 gross square feet or less. 8 Limited to motor vehicle cleaning only. 9When combined in single structure, each separate establishment shall not exceed 5,000 gross square feet. loUses operating before 6:00 AM and/or after 11:00 PM; or drive-up windows are conditional uses. "A single-family unit providing that , Ii is located on the same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional use. Multi-family housing is permitted as part of a PD, subject to Chapter 18.350. 12Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats permitted conditionally. "Multi-family residential units, developed at R-40 standards, as a mixed-use in conjunction with commercial development on or above the second floor of the structure, only in the C-P District within the Tigard Triangle and Bull Mountain Road district. 14 Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use. "As accessory to offices or other permitted uses, the total space devoted to a combination of retail sales and eating/drinking establishments may not exceed more than 20% of the entire square footage within the development complex. 16 May not exceed 10% of the total square footage within an office complex. 17Single-family attached and multi-family residential units, developed at R-40 standards, except the area bounded by Fanno Creek, Hall Boulevard, O'Mara, Ash Avenue and Hill Street, within Proposed NIM- I and NfUR-2 code changes which property zoned for CBD development which shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 District standards. "Motor vehicle cleaning only. '9Drive-up Windows permitted conditionally. 20AII permitted and conditional uses subject to special development standards contained in 18.520.050C. 21 Multi-family residential, at 25 units/gross acre, allowed outright. Pre-existing detached single- family dwellings are permitted outright. 22 New Retail and sales uses may not exceed 60,000 gross leasable area per building within the Washington Square Regional Center or Tigard Triangle, except for those areas zoned C-G at the time the MUE zoning district was adopted in the Tigard Triangle. 23AII activities associated with this use, except employee and customer parking, shall be contained within buildings. 24Permitted as accessory to a pqrmitted use as long as this use is contained within the same building as the permitted use, and does not exceed the floor area of the permitted use. 2*5 Permitted provided the use is no larger than 60,000 square feet of gross floor area per building or business. 2'3Household living limited to single units, attached, and multi-family including but not limited to apartments, attached condominiums, townhouses and rowhouses at a minimum density of 25 dwelling units per acre and a maximum density of 50 dwelling units per acre. 27Wireless only as attached to structure within height limit - see Chapter 18.798 28AII Permitted and Conditional Uses subject to special development standards contained in 18.630 29Group living with five or fewer residents permitted by right; group living vvrith six or more residents permitted as conditional use. 30 Pre-existing housing units permitted. Conversion of pre-existing housing units to other uses is subject to the requirements of Chapter 18.630 31 Permitted for pre-existing housing units, subject to requirements Chapter 18.710. 32 Except water, storm and sanitary sewers, which are allowed by right. 33in-home day care which meets all state requirements permitted by right; freestanding day care centers which meet all state requirements permitted conditionally. 34This use is allowed only in mixed-use developments in the Washington Square Regional Center. Commercial uses shall occupy no more than 50% of the total floor area within the mixed-use development, and shall be permitted only when minimum residential densities are Proposed MLJR- I and MUR-2 code changes met. Aft-e~M to the requirement that co=ercial uses may be permftted-QDIY if residential Proposed MLJR-I and MUR-2 code changes 3-~"The maximum building footprint size permitted for any building occupied entirely by a commercial use or uses shall be 7,500 square feet. -An except* to the limit on the size of a buildina occupied by c!2mmercial uses is l2rovided for properties zoned commercial prio,LW implementation of the Washington Square Regional Center Plan (3/28/2002). The exe MUR--2 zoning district apply which may limit the ultimate size of commercial development C lz~dm AGENDA ITEM # FOR AGENDA OF S, Q-7, Oa CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update on Randall Grant Program --44 VV PRE-PARED BY: Liz Newton DEPT BEAD OK ~,Qk^w ~GR OK ISSUE BEFORE THE COUNCIL An update on the Randall Funding and Development Grant Program. STAFF RECOMMENDATION No action necessary, INFORMATION SUMMARY As Council is aware, the city's contract with Randall Funding and Development expired on June 12, 2002. However, Randall Funding and Development will continue to provide services to the city at no cost for the 2002-03 fiscal year. Specifically, the city continues to receive weekly grant alerts and Randall will provide grant research and write foundation, competitive, and non-competitive grants as requested by the city in letters of authorization. Since the last update to Council on April 23, 2002, the city was awarded $10,667.99 from the Department of Justice for reimbursement of fifty percent of the cost of bullet proof vests. Randall identified the grant opportunity and prepared the grant on behalf of the city. The city will pursue fimding through the Meyer Memorial Trust for improvements to the open space portion of the new library site for an environmental education component. A letter of authorization for assistance has already been submitted to Randall. There is no deadline for grant submissions to the Meyer Memorial Trust so the timing of preparation of that grant request will be determined as the library project progresses. The city's contact at Randall has identified new federal legislation that was just approved that may be a source for funding mobile data terminals (MDTs) for police vehicles. The grant description should be released around October at the beginning of the federal fiscal year. We will review the description and determine whether or not to apply at that time. OTHER ALTERNATIVES CONSIDERED None. N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY ATTACHMENT LIST None. FISCAL NOTES No cost associated with this report. I.-%ADMkCrrY COUNCIOCOUNCIL AGENDA ITEM SUMMARIES\RANDALL DRAW PROGRAM UPDATE.DOC MEMORANDUM TO: . Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder RE: Additional Materials for the August 27, 2002, City Council Meeting DATE: August 23, 2002 Attached are the following materials for the August 27, 2002, Council meeting: • Item 5.2 - A revised resolution and Page I of the municipal court judge's contract to reflect that the contract terms are retroactive to July 1, 2002. • Item 12 - Information on the staffs recommendation with regard to awarding the contract for architectural and design services for the new Tigard library. (This is a Local Contract Review Board item.) • Item 14- A proposed resolution directing staff to prepare an annexation plan for the Bull Mountain area. 1AAWCATHY1COUNCIUCOVER MEMO - B-27-02 ADDIL CC MATERIALDOC PUBLIC COMMENT RECOGNITION OF COUNCILOR JOYCE PATTON Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM NO. 2 Date: August 27, 2002 Name Street Address City, State, Zip 0-\IKK \ I ~ 0, ft Z) Lovjv% 9-9(-,s t)v~u e- -T-i V-d' 0 6- YJ q 3-Ats 9 %\TIG333\USRXDEPTSIADM\GREER%CITY COUNCIL%CCSIGNUFr%PUBLIC COMMENT TESTMNY RECOG PATTONDOC AGENDA ITEM # c;~ FOR AGENDA OF -Auggst 27,2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUEIAGENDA TITLE Presentation of Certificate of Recoenition - Councilor Joyce Patton PREPARED BY: C&thy Wheatley -DEPT BEAD OK W 5-xzKy MGR 04qum" ISSUE BEFORE THE COUNCIL Presentation by Mayor Griffith of a Certificate of Recognition to Councilor Joyce Patton for her years of service (1999-2002) on the Tigard City Council. STAFF RECOMMENDATION N/A INFORMATION SUMMARY Councilor Patton submitted her resignation as Tigard City Councilor effective September 1, 2002 (see attached letter). To acknowledge Councilor Patton's service to the City of Tigard as a Tigard City Councilor (1999-2002), Mayor Griffith will present a Certificate of Recognition to Councilor Patton during the August 27, 2002, Council meeting. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION CQhDETTEE STRATEGY N/A AIT ACHMENTLIST Letter dated August 12, 2002, from Tigard City Councilor Joyce Patton submitting her resignation as Councilor efflective September 1, 2002. FISCAL YOTES N/A [:\ADMXPACKET VZ%20020827\ACKNOWLEDGE PATTON AISDOC August 12, 2002 City of Tigard Attn: Mayor James Griffith 13125 SW Hall, Blvd. Tigard, Oregon 97223 RE: Letter of Resignation Dear lkyp~ffith; it is with regret that I must submit my resignation as a Tigard City Councilor eff~ctive September 1, 2002. 1 will be moving out of the jurisdiction and must step down. It has been an honor and a privilege to serve with you and my fellow councilors. I am confident that, with such dedicated leadership, the City of Tigard is in good hands. I also want to commend the outstanding City staff that I have been fortunate enough to meet and work with for the past several years. I particularly want to thank Bill Monahan, his executive statX and all of the Department Directors for their leadership, professionalism and dedication to the citizens of the City of Tigard, Finally, I am grateful to have had the opportunity to serve the citizens of Tigard. This has been my community for almost 20 years. My son attended Tigard/ Tualatin schools. It is not easy to move out of the City, although we are not going far -just across the way to Beaverton. However, I want you to know that I plan to continue my involvement with the City of Tigard to the extent that my job commitments allow. Sincerely, ajoycee Patton Tigard City Councilor cc: Councilor Brian Moore Councilor Craig Dirksen Councilor Ken Scheckla Mr. William Monahan, City Manager AGENDA ITEM NO. 4 - VISITORS AGENDA DATE: August 27, 2002 (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 71 TOPIC STAFF CONTACTED gyleo tj /,339-P- Ave- '50S zn'g- 679q-2 J:Ssoc- hvl*a- 55 t;d SW ( 40" P V-Q - xR qiD44 q >!5 SW U-)OCTot ~ U ~e --F7~~cx-rct 0 Y2- 9 / ~ 15 VISITOR'S AGENDA Page I AGENDAITEM# FOR AGENDA OF Au" 2 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY pprove Amendment to Munigipal Court Judge's Contract ISSUE/AGENDA TITLE A PREPARED BY: N. Robinson 44&&~-DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL The City and Nfichael J. O'Brien entered into a two-year contract in 2001 for judicial services. The contract allows for review of compensation in the 2002-2003 fiscal year. STAFF RECOMMENDATION Approve the resolution amending Michael O'Brien's 2001-2003 personal services contract. INFORMATION SUMMARY In 2001 the City and Michael J. O'Brien entered into a two-year contract for judicial services. Section 2 of the contract states that compensation will be reviewed at the end of 2001-2002 to determine what adjustment is appropriate. Ibe Judge's 2001-2002 compensation of $25,285.00 was based on a projected hourly rate of $70.00 per hour. Review of the Judge's timesheets show he worked 434 hours last fiscal year. This lowers his hourly rate to $58.26. The increase in the Judge's hours was due to a 20% increase in caseload, including an unusually large volume of code compliance cases, and the time spent coordinating and establishing the juvenile court program. Caseload projections for this fiscal year are slightly higher, so it is logical the court hours will stay in the same range. Given the additional workload and hours it is appropriate to adjust Judge O'Brieres compensation. The amended contract increases the Judge's compensation to $30,000.00. At $70.00 per hour, this allows for 428.5 hours ofjudicial time. Section 3 "COMPENSATION" of Judge O'Brien's contract is the only section of the contract being amended. OTHER ALTERNATIVES CONSIDERED Do not increase the Judge's compensation. This would require a reduction in caseload and court hours. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A Resolution and Amended Contract AT-FACHMENT LIST FISCAL NOTES Sufficient funds have been allocated in the 2002-2003 budget. AGENDA ITEM # (D FORAGENDAOF Augiist27.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE An Ordinance Amending Chapter 12.02 (Sanit= Sewer and Surface Wate Management) of the Tigard Municipal Code Maldn2 Appimpriate Name and Title Changes. PREPARED BY: Tom Irndieke DEPT BEAD OK CITY MGR OK 4,fJIVI r1l fV - (V Should the Council amend Tigard Municipal Code (TMC) 12.02 to reflect the name change of Unified Sewerage Agency to Clean Water Services, the title of City Administrator to City Manager, and reference Clean Water Services Ordinances and Resolutions as amended? Amend TMC 12.02 to reflect the recommended changes. As part of the continuing effort to update the Tigard Municipal Code, certain name and reference changes are being recommended in the Tigard Municipal Code that applies to the management of sanitary sewer and surface water management. The Unified Sewerage Agency has changed the Agency name to Clean Water Services and the title of City Administrator is no longer used. The title of this position is now City Manager. In addition, the existing code references Clean Water Services Ordinances and Resolutions (Resolution and Orders No. 91-47, Ordinance Nos. 26 through 28, Resolution and Order No. 93-33, and Resolution and Order No. 92-60) as being "in full force and effect" as part of TMC 12.02. However, it does not indicate whether future amendments would apply as well. This change would make future amendments to the Clean Water Services ordinances and resolutions be applicable. Retain TMC 12.02 as written. Does not apply. Ordinance with attachment. There is no cost associated with this action. 0. I:b AGENDA ITEM # '7 FOR AGENDA OF Aueust 27- 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE An Ordinance Amending Chapter 12.03 (Billing and Collection of Utility Charges) of the Tigard Municipal Code Clafif3dng Procedures in the Collection of I itility Charges and Making Appropriat Name and Title Changes. PREPARED BY: Tom Irndieke -DEPT HEAD OK Ole CITY MGR 10 At~~y Should the Council amend Tigard Municipal Code (TMC) 12.03 to reflect current procedures in the collection of utility charges; discontinue after-hour reconnection of service; and reflect the name change of Unified Sewerage Agency to Clean Water Services and the title of City Administrator to City Manager? Amend TMC 12.03 to reflect the recommended changes. In addition for the need to update TMC 12.03 to reflect the name change of Unified Sewerage Agency to Clean Water Services and the title change of City Administrator to City Manager, there are clarifications and changes being recommended to the procedures for the billing and collection of utility charges. The recommendation includes the following changes and clarifications: 12.03.010 - Adds the word sanitary in front of sewer to clarify reference. 12.03.020 - Clarifies the distribution of collections between fimds so that it is proportionate among surface water management, sanitary, and water when there are partial payments of a utility bill. 12.03.030 (d) - There are several methods for a customer to make a payment now, each should be checked before the cutoff date and time for shutoff. 12.03.030 (e) - Clarifies collection of disconnection charge and discontinues the practice of after-hour reconnection. Service would be reinstated if the customer pays any delinquent charges by 5:00 p.m. on the shutoff day. 12.03.030 (f) - No change other than clarifying existing procedure. 12.03.050 (a) - Clarifies and simplifies language for the returned check charge. No change in fee. 12.03.050 (b) - Clarifies that repair and maintenance of water meters is the responsibility of current owner and not initial purchaser. 12.03.060 - (a), (b), and (c) - Increases the level of authority to which adjustments can be made to reflect the increase in costs that have occurred since the last revision of the code. Retain TMC 12.03 as written. 01~ Does not apply. Ordinance with attachment. There is no cost associated with this action. AGENDA ITEM # 8 FOR AGENDA OF August 27,2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE An ordinance granting to Time Warner Telecom of Oregon LLC a franchise to conduct a telecommunications business in the Cijy of Tigard, Oregon, including th right to place poles, wires, and other gppliances for telecommunication pMoses in the public rights-of-wgy, and authorizing the MAyor to sign this agreement. --j CE_CITYMGROK~,-4aV WW PREPARED BY: Craig Prosser DEPT HEAD OK ISSUE BEFORE THE COUNUIL Should the City of Tigard grant a telecommunications franchise to Time Warner Telecom of Oregon LLC? STAFF RECONEVIENDATION Approve the franchise INFORMATION SUMMAKY Time Warner Telecommunications of Oregon LLC has requested a franchise to provide telecommunications services within the City of Tigard. Time Warner has paid the telecommunications franchise application fee as required by TMC 5.14. TMC 5.14 establishes the procedure, terms, and conditions for granting new telecommunications franchises. This chapter establishes a standard franchise agreement, which may be approved by the Council by resolution if agreed to by the applicant. If the applicant requests substantive changes to that standard agreement, the franchise must be approved by ordinance. Time Warner reviewed the City's standard franchise agreement, and accepted most of the terms and conditions, but also requested a few semantic and style changes and a few substantive changes. The substantive changes to the standard agreement include: 1. Section 2 Franchise Fee - Time Warner asked to prorate its first six-month minimum payment. The agreement establishes a franchise fee of $7,500 per year or 5% of gross revenue (which ever is greater) payable semi- annually. If approved by Council, this agreement will take effect on Sept. 26, 2002, leaving approximately 3 months remaining in the calendar year. Time Warner asked to pay for 3 months of the year, rather than a full 6 inonths. 2. Section 4 Transfer or Assignment - Time Warner asked for language clariBling that it could transfer this franchise to a parent, affiliate, or subsidiary company and that it can assign the franchise to a commercial lending institution as collateral for a financing transaction without prior City approval. 3. Section 6 Service to City - The City's standard agreement provides for the franchisee to charge the City its most favorable rate offered in Oregon for a similar volume of service should the City desire service from the franchisee. Time Warner requested a change to the most favorable rates in the Portland local calling area for similar services and volumes. 4. Section 8 Defense, Indemnity and Hold Hannless - Time Warner requested additional language clarifying its responsibility to indemnify and hold the city harmless from allegations of negligence, carelessness, wrongful acts, failure to act, or other misconduct. 5. Section 12 Audit - Time Warner requested additional language clarifying its ability to request confidential treatment under Oregon law of any information it submits in conjunction with an audit of its franchise fee paid. 6. Section 17 As Built Drawings - Time Warner requested a change in language so that it has to submit as-built drawings in each year that it changes location o f facilities rather than each year. 7. Section 23 Equal Terms - Time Warner requested the addition of this section to allow it to request modification of this agreement if the City should offer better terms to a similarly situated provider at any time during the life of this agreement. 8. Section 24 Natural Disaster - Time Warner requested the addition of this section to deal with the impacts of natural disasters and acts of God on its ability to perform under this franchise. 9. Section 25 Compliance with Laws and Regulations - Time Warner requested the addition of this section to allow either the City or Time Wamer to re-open the terms of this franchise to conform to any changes in state or federal laws, standards, or regulations. 10. Section 26 Severability - Time Warner requested the addition of this section to allow either the City or Time Warner to renegotiate this agreement if any one section is held to be invalid or unconstitutional by a court of law. 11. Section 27 Captions - Time Warner requested the addition of this section to clarify the use of section captions in interpreting the meaning of the sections of this agreement. 12. Section 28 Separate Counterparts - Time Warner requested the addition of this section to allow this agreement to be signed in separate counterparts. The City Attorney has reviewed and approved all of these requested changes. This agreement will not go into effect until it has been signed by both parties and until September 26, 2002. Time Warner is interested in beginning construction on its system as soon as possible. The City Attorney and staff have informed Time Warner that they may apply for all necessary permits after this agreement is approved by Council but before the effective date of the ordinance to start the permitting process. Staff will not, however, issue any permits until after this agreement has been signed and until after the effective date of this ordinance. OTHER ALTERNATIVES CONSIDERED Attempt to renegotiate specific provisions of the franchise agreement. However, under the Telecommunications Act of 1996, cities may not set up requirements that create a barrier to entry into the local telecommunications market. VISION TASK FORCE GOAL AND ACTION CONQvHTTEE STRATEGY NA ATTACHMENTLIST Ordinance, including Attachment A to the Ordinance FISCAL NOTES Time Warner telecommunications of Oregon has agreed to pay the standard City of Tigard Telecommunications Franchise fee of $7,500 per year (except in the first year of operation) or 5% of gross revenues, whichever is greater. AGENDA ITEM # q FOR AGENDA OF Auguat 27,2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA. TITLE A Resolution Amending Resolution 02-06 by Amending Exhibit A Thereto and Increasing. Adding. and Eliminating Certain Water CbarSps PREPARED BY:- Tom ImdiekgMennis Koellermeic DEPT HEAD OK CITY MGR OKtotuo/r Shall the City Council amend, add and eliminate certain water charges in the Fees and Charges Schedule to reflect current practices and recoup actual costs? STAEE RECOMMENDATI Amend Fees and Charges Schedule to reflect the recommended changes. INFORMATION S Chapter 12.03 and 12. 10 of the Tigard Municipal Code provides that fees and charg es for water and related services be established by Resolution of the City Council. During the updating of TMC 12.03 and 12.10, Public Works and Finance staff reviewed current practices and associated charges. Staff determined that the charges for temporary hydrant usage and meter disconnection were not recouping the City's costs associated with providing these services. Also, the fees for Meter Out-of-Order Test and Water Main Extensions were not included in the Fees and Charges Schedule (Resolution No. 02-06). The current practice of after-hour reconnection of service due to disconnection of service from delinquent account(s) is being discontinued due to low usage and high cost. The fee associated with this service needs to be removed from the Fees and Charges Schedule. OTHER ALTERNATIVES CONSIDERE Retain Fees and Charges Schedule as written. VISION TASK FORCE GOAL AND ACIIQN COMMITTEE STRATEGY Does not apply. ATTACHMENT LIS Resolution Exhibit A attachment There is no cost associated with this action. AGENDA ITEM # 10 FOR AGENDA OF 8-27-02 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Amend Tigard Municipal Code 12. 10 - Water System Rules & Regulations PREPARED BY: Dennis Koellen-neier DEPT HEAD OK CITY MGR 01~ ISSUE BEFORE THE COUNCIL Shall the Council amend Tigard Municipal Code (TMC) 12. 10 to update several provisions of water service to align municipal code requirements with current utility service practices and other TMC provisions. STAFF RECOMMENDATION Amend TMC 12. 10 to reflect the recommended changes. INFORMATION SUMMARY As part of the continuing effort to update the Tigard Municipal Code, certain changes are being recommended to the water system rules and regulations section of the TMC. These changes are being recommended to: e Better clari-Py roles and responsibilities of water customers Delete code sections relating to operational procedures or practices which no longer apply Align code provisions with current business practices that have evolved over time. Specifically, changes are being proposed to the following sections; Application for Service (12.10.010) Service Size (12.10.030) Separate Connections (12. 10.040) Service Pipe Standards and Maintenance (12.10.060) Jurisdiction of Water System (12.10.080) Temporary Discontinuance of Service (12.10.140) Service Connection Maintenance (12.10.160) Main Extensions (12.10.170) Illegal Use of Fire Hydrant or Meter (12.10.240) Staff is also recommending the addition of section 12.10.045 titled Master Metering, and the deletion of sections Fire Hydrants (12.10.220) and Main Extensions, (12.10.170.A and B.) These changes were considered by the Intergovernmental Water Board (IWB) at their August 14, 2002 meeting. Upon adoption of these changes by the City Council, the IWI3 will need to adopt identical changes to their "Rules and Regulations" so all customers in the Tigard Water service area are under the same criteria. OTHER ALTERNATIVES CONSIDERED Retain TMC 12. 10 as written VISION TASK FORCE GOAL AND ACTION CQMfl!LE-E STRATE~ N/A A=ACIM= LIST 1. Proposed ordinance with Exhibit "N' FISCAL NOTES There is no cost associated with this action. AGENDA ITEM No. 11 Date: August 27, 2002 PUBLIC HEARING TESTIMONY SIGN-UP SHEET Please sign on the following page(s) if you wish to testifV before City Council on: Due to Time Constraints City Council May Impose A Time Limit on Testimony 1AADNAGREEMCSIGNUMPH TESTMNY UPDATED 6-13.DOC AGENDA ITEM No. II Date: August 27, 2002. PLEASE PRINT nt - (Speaking In Favor) Opponent - (SReaKinAgain Address & Phone No. Name, Address & Phone No. j Name, Address & Phone No. I Name, Address & Phone Address & Phone No. 11 Name, Address & Phone No. Neutrai Address & Phone No. Name, Address & Phone Name, Address & Phone No. Name, Address & Phone No. 11 Name, Address & Phone No. I Name, Address & Phone No. 0 Name, Address & Phone No. 11 Name, Address & Phone No. 11 Name, Address & Phone No. Name, Address & Phone No. j Name, Address & Phone No. 11 Name, Address & Phone No. AGENDA ITEM No. 11 Date: August 27, 2002. PLEASE PRINT nt - (Speaking In Favor) Opponent - (spei Address & Phone No. Name, Address & IVeuW-di Name, Address & Phone Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. lirName, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. I AGENDA ITEM # . FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY August 27, 2002 ISSUE/AGENDA TITLE A Resolution of the City of Tigard authorizing the issuance and sale of its General Obligation Bond and General Obligation Refunding Bond to the Oregon Economic and Community Development Department G PREPARED BY: Craig Prosser DEPT HEAD OK CITY MGR OK_C w ISSUE BEFORE THE COUNCIL Should the Council authorize the sale of an interim bond and a permanent (i.e. refunding) bond to the Oregon Economic and Community Development Department (OECDD) to fund the New Tigard Library project? STAFF RECOMMENDATION Approve issuance of the bonds INFORMATION SUMMARY On May 21, 2002, Tigard voters approved the issuance of $13,000,000 of General Obligation Bonds for the new Tigard Library. Staff began the process to issue these bonds this fall. The Oregon Economic and Community Development Department (OECDD) contacted the City in late June, however, with an offer to provide financing for this project through the Oregon Bond Bank. (OECDD previously loaned the City money for the Cook Park Project through this same program.) Staff analyzed the pros and cons of issuing bonds on our own or financing this project through OECDD. Staff presented this analysis to Council on July 23, 2002, and the Council agreed with the staff recommendation to finance this project through OECDD. OECDD normally funds projects such as the New Library Project by loans, using a combination of state bond proceeds and funds from the Oregon State lottery. In this instance, the City Attorney and bond counsel for OECDD concluded that the City must issue a General Obligation Bond, as approved by the voters, in order to pay for financing using the General Obligation Bond levy. The attached resolution and all documents are set up to authorize the issuance of bonds. One of the City's conditions in working with OECDD was to receive funds in hand no later than October 15, 2002 so that it can exercise the option to purchase the property. OECDD committed to meeting this schedule. The State Treasurer, however, controls state bond sales. The Treasurer scheduled the OECDD bond sale for November. In order to meet the City's need for funds in hand by October 15, OECDD has offered to provide interim funding by purchasing a short-term (one year) bond that will be fully pre-payable. Once the Oregon Bond Bank sells its bonds in November, the City will then issue a refunding bond to pay-off the interim financing and to convert the financing to a 20 year term. There is no cost to the City and no negative impact on interest rates from this arrangement. The resolution authorizes the City to issue both sets of bonds. OTHER ALTERNATIVES CONSIDERED The City could issue its General Obligation Bonds on its own. However, to do so, the City would have to pay costs associated with the issuance of the bonds which would reduce the net amount of funding for the Library project. These additional costs could range from $200,000 to $260,000. In addition, OECDD will obtain the money to buy the City's bonds by issuing bonds of its own and then pass that interest rate on to the City. OECDD will buy bond insurance to obtain a Aaa credit rating for its bonds, thereby achieving a lower interest rate than the City could achieve for uninsured bonds. VISION TASK FORCE GOAL AND ACTION COIv1MITTEE STRATEGY NA ATTACHMENT LIST Resolution FISCAL NOTES Authorizing issuance of these bonds will obtain $13,000,000 for the New Library Project while avoiding up to $260,000 in bond issuance costs. Agenda Item No.: Meeting of: Packet Materials for 12 August 27, 2002 Local Contract Review Bard to Consider the Award of the Contract for Architectural and Design Services for the New Tigard Library will be available in hard copy by Friday, August 23, 2002 and will be delivered to City Council in their Friday mail packet Contact the City Recorder's Office at 503-639-4171 for more information AGENDA ITEM # IQ. FOR AGENDA OF August 27, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Award of the Architectural/En ngi eering Services Contract for the New Tigard Library Project PREPARED BY: A.P. Duenas DEPT HEAD OK CITY MGR OK WW ISSUE BEFORE THE COUNCIL Shall the City enter into a contract with SRG Partnership, PC to provide architectural/engineering services for the new library project? STAFF RECOMMENDATION That the Local Contract Review Board, by motion, approve award of a contract in the amount of $999,600.00 and authorize the City Manager to sign the contract. INFORMATION SUMMARY Eight firms responded to the Request for Proposals (RFP) for Architectural/Engineering Services on the new Tigard Library Project. The proposals were carefully reviewed and five firms were selected for interview as the next step in the selection process. The firms to be interviewed were determined by evaluating the qualifications and experience of each firm as described in its proposal. Evaluation of experience included the general experience of the firm and the staff to be assigned to the project along with the firm's specific experience with libraries. Because there are state funds involved in the project funding, the selection process is required to be qualification-based. Hence, the firms were not asked to include fees as part of the evaluation. The five firms invited for interview are: BML Architects, Portland, Oregon SERA Architects, Inc., Portland, Oregon SRG Partnership, PC, Portland, Oregon Opsis Architecture, Portland, Oregon Fletcher Farr Ayotte PC, Portland, Oregon Following the interviews, the Selection Committee narrowed the five firms to the top two. Reference checks were conducted on both firms. After extensive review of the credentials and strengths of the two firms, the Selection Committee selected SRG Partnership, PC as the design consultant for the new Library Project. Staff requested a fee proposal for the services in the RFP and negotiated an acceptable fee for the work. Award of the contract would allow the design consultant to immediately begin the design work on the project. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The design and construction of the new Tigard Library supports the Tigard Beyond Tomorrow Urban & Public Services, Goal #3 - Adequate facilities are available for efficient delivery of life-long learning programs and services for all ages. ATTACHMENT LIST None FISCAL NOTES Funding for this contract is authorized under the FY 2002-03 Capital Improvement Program under the City Facilities System Program. There is sufficient funding allocated in the Facility Fund for the contract award. I--TAfA ide%S=%9O d2 Rem Sun M Sheet fw UbrWY Project ME Conhad doc TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: COMMERCIAL USE Due to Time Constraints City Council May Impose A Time Limit on Testimony \\TIG3331USR\DEPTS\ADM\GREER\CITY COUNCIUCCSIGNUPIPH TESTIMONY QJ CONTINUED.DOC E AGENDA ITEM No. 13 Date: August 27,2002 PLEASE PRINT Pro onent - S eakin In Name, Address & Phone Address & Phone Opponent - (Speaking A air Name, Address & Phone No Name, Name, Address & Phone No. 11 Name, & Phone No. & Phone Neutrai Address & Phone Address & Phone Name, Address & Phone No. Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM # 13 FOR AGENDA OF August 27.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY PREPARED BY: Julia Haiduk DEPT HEAD OK Should the Development Code be amended to exempt properties that were zoned commercial prior to being zoned Mixed Use Residential 1 or 2 from being required to meet minimum residential density requirements in order to develop a commercial use? STAFF RECOMMENDATION Adopt the proposed exemption amendment by adopting the attached Ordinance. INFORMATION SUMMARY At the City Council hearing on February 26, 2002, implementing the Washington Square Regional Center Plan and Development Code amendments, testimony was received from a property owner of property zoned neighborhood commercial who would no longer be able to build as he had planned under the new zoning of mixed use residential (MUR). The MUR 1 and 2 zones allow commercial development but require that the minimum density be met in order to have a commercial component. While the Council felt that the plan itself was acceptable and implemented the zoning, it was felt that this issue should be looked at in more detail and staff was directed to provide additional information on the issue. A concern was that all similar properties be treated the same and, if Council felt changes were needed, it should be simple, fair and consistent among all similarly affected properties. It was determined that there are 10 properties in the City of Tigard that had a commercial zone and were changed to mixed use residential (MUR 1 or MUR 2). Because these properties were at one time not required to be mixed use in order to develop any commercial uses and the new standards could result in a non-conforming use or properties having restrictions, it was determined that an exemption to the minimum density requirement may be appropriate. On the direction of Council, a proposed amendment to the development code was drafted which exempts the 10 properties previously zoned commercial from being to required to build a minimum residential density before being permitted to construct a commercial use. The Planning Commission held a public hearing on the issue on June 17, 2002. No public testimony was received and, after deliberation, the Planning Commission voted unanimously to forward a recommendation of approval of the amendment to the City Council. The City Council opened the hearing on this issue at the July 23, 2002 meeting and continued the hearing to allow for re-notice after an omission was discovered on the vicinity map that had been included in the original notice. Notice has been re-mailed and re-published with a corrected map that includes all affected property owners. OTHER ALTERNATIVES CONSIDERED 1. Do not adopt the proposed amendment. 2. Ask for revisions to the proposed exemptions. ISSUE BEFORE THE COUNCIL VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management Goal #1, Strategy #5, "Address planning and growth issues associated with the Regional Center." ATTACENIENT LIST Attachment 1: Draft Ordinance Exhibit A: Staff Report Exhibit B: Proposed Development Code Amendments Exhibit C: Map of affected properties Attachment 2: Draft June 17th Planning Commission Minutes FISCAL NOTES N/A Attachment 2 DRAFT CITY OF TIGARD PLANNING COMMISSION Meeting Minutes June 17, 2002 1. CALL TO ORDER President Padgett called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Padgett; Commissioners Anderson, Bienerth, Munro, Scolar, Sutton, and Webb Commissioners Absent: Commissioners Buehner and Mores Staff Present: Julia Hajduk, Associate Planner; Dan Plaza, Parks Manager; Duane Roberts, Associate Planner; Jaimie Dumdi, Administrative Specialist; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS Next meeting will be July 15th. 4. PUBLIC HEARING 4.1 ZONE ORDINANCE AMENDMENT (ZOA 2002-00003) MIXED USE RESIDENTIAL (MUR 1 & 2) DEVELOPMENT CODE AMENDMENTS REQUEST: The request is to modify the existing development code language to exempt properties that were zoned commercial prior to March 28, 2002 from being required to meet minimum residential density requirements prior to being permitted to have a commercial use on the property. There are 10 parcels (5.25 acres) within the City of Tigard's portion of the Regional Center that this exemption applies to and are impacted by this amendment. Approximately 1.63 acres were Identified as vacant or re-developable in determining target capacity numbers for the Regional Center, therefore, the number of units that would be lost if no residential use were constructed on these lots is approximately 42 units (if minimum densities were constructed). LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf Course to the north, and Highway 217, including the Ash Creek area on the southern border. The MUR 1 and 2 zones are located within the Regional Center, generally west of Hail Blvd and east of Ash Creek. ZONE: Mixed Use Residential (MUR) 1&2. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning PLANNING COMMISSION MEETING MINUTES - June 17, 2002 - Page 1 DRAFT Goals 1, 2, 9, and 10; and Metro Functional Plan Titles 1 and 7. STAFF REPORT Julia Hajduk presented the staff report on behalf of the City. Testimony received at the City Council hearing raised concern that there are properties previously zoned commercial prior to adoption of the Regional Center Plan that would be negatively impacted by the new Mixed Use Residential zone designation. This amendment proposes an exemption for only those properties that were previously zoned commercial so that they do not have to meet the residential component in order to be developed commercially. While not required to build to the minimum residential density, they are encouraged to have a mixed used development and must still meet all other Regional Center standards. Target capacity numbers will continue to be met and therefore staff recommends the Planning Commission forward a recommendation of approval to City Council. In response to inquiry from President Padgett, Ms. Hajduk clarified that this exemption applies only to properties that are now zoned mixed use residential but were previously zoned commercial, regardless of whether or not they are developed or vacant, i.e., parcels ready to be commercially developed as well as parcels already developed with commercial uses. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Webb moved that, based upon the findings in the staff report, the Planning Commission recommend to the City Council to approve ZOA 2002- 00003. Commissioner Scolar seconded the motion. A voice vote was taken and the motion passed unanimously. 4.2 BONITA PARK MASTER PLAN Dan Plaza gave a PowerPoint presentation on the Bonita Park Master Plan (Exhibit A). This is a 5-acre site located on Milton Court off Bonita Road by 74th Avenue. Staff recommends the Planning Commission forward a recommendation of approval to City Council. The City Council will consider the plan at its next meeting on July 8, 2002. Discussion items: A CDBG (Community Development Block Grants) provide funding for underprivileged areas. ➢ Staff is comfortable that public input has been satisfied. The site is small and contains wetland areas and a buffer zone along the creek that limit what can be developed on it. A picnic shelter may be added in the future. PLANNING COMMISSION MEETING MINUTES - June 17, 2002 - Page 2 DRAFT ➢ The playground area will not be secluded by a ring of tall trees. Due to input from the Police Department, it may be moved further south than what is depicted in this plan in order to increase visibility. ➢ The City Forester will develop the tree plan. ➢ A nice portable restroom facility will likely be installed. ➢ Native landscaping, street lighting, and visibility will be emphasized. ➢ Milton Court has adequate parking on both sides. The other side of Milton Court is zoned commercial. ➢ Through Metro, the City has use of 13 acres of green space to north. ➢ Bike racks will be installed. ➢ Nine-foot basketball rings are discouraged due to damage caused by dunking. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Munro moved that, based upon the presentation by staff, the Planning Commission recommend to the City Council to adopt the Bonita Park Master Plan, incorporating comments heard from the Planning Commission at this meeting. Commissioner Bienerth seconded the motion. A voice vote was taken and the motion passed unanimously. 4.3 SUMMERLAKE PARK MASTER PLAN Dan Plaza gave a PowerPoint presentation on the Summerlake Park Master Plan (Exhibit B). Discussion items: ➢ There is a very active dog park committee and maintenance of grass in the dog and other areas is not anticipated to be a problem. The grass will likely need to be restored after five years. Staff will check into whether there is a specific type of grass that would be more suitable for the dog area. ➢ Development of the water areas will be reviewed by the City's risk department. The final plan will be reviewed by the City's insurer. ➢ Native plantings and low or no irrigation is encouraged. ➢ Construction of the project will be phased over two years, but the order in which specific areas are developed has not been prioritized. The playgrounds and picnic shelters are likely to be developed first. PLANNING COMMISSION MEETING MINUTES - June 17, 2002 - Page 3 DRAFT PUBLIC TESTIMONY IN FAVOR Michael Cox, 16697 SW 108th Ave., Tigard, OR 97224 - is a dog owner and member of the dog park committee. The 8-person committee is very committed to maintenance of the park through volunteers. Park users will be encouraged keep dogs on-leash-use off-leash area. Numerous steps have been implemented to maintain cleanliness and park aesthetics. He supports the plan. Chris Garsteck, 11774 SW 125 h Ct., Tigard, OR 97223 - lives in Summerlake Park area and member of the dog park committee. The City park master plan shows a need for three dog parks in Tigard. A survey at last year's balloon festival showed 90% of citizens are in favor of an off-leash dog park. She recommends approval of this plan with an off-leash dog park area. Dog Park volunteers are working with Susan Koepping to coordinate park maintenance efforts. Steven Topp, 12566 SW Bridgeview Ct., Tigard, OR 97223 - lives in Winterlake area-area residents are in favor of the park plan as proposed. A skateboard park is not suitable for this area. Michelle Sittel, 17085 SW Eldorado, Tigard, OR 97224 - member of dog park committee - testified in support of the Summerlake Park Plan as proposed. Jonathan Male, 12910 SW Winter Lake Dr, Tigard, OR 97223 - signed up to speak, but chose not to. Christie Smith, 11320 SW Ambiance Ct., Tigard, OR 97223 - signed up to speak, but chose not to. Gene McAdams, 13420 SW Brittany, Tigard, OR 97223 - wants the record to show that the citizens who participated in development of this plan recommended against the skate park and the BMX facility. These facilities are not suitable to the nature of this park; the space required would diminish the beauty and benefits of the park. It would be helpful if the square footage of the maintenance building were specified. He recommends that the building blend into the park in a harmonious fashion. Endorses open space in the park. The Planning Commission noted that limited resources will ensure that the building will not be any larger than is necessary. PUBLIC TESTIMONY IN OPPOSITION None PUBLIC HEARING CLOSED Discussion items: ➢ The Planning Commission endorses open spaces in the park. PLANNING COMMISSION MEETING MINUTES - June 17, 2002 - Page 4 DRAFT ➢ The ofd leash dog area in front of the maintenance building will help to screen the building. A road on the west side of parking lot goes through the trees to access the facility. ➢ Use native plantings as much as possible. ➢ Have some areas that have no or low irrigation needs. ➢ Use a more hardy grass for the dog area. Commissioner Eienerth moved that, based upon the presentation by staff and testimony heard at this hearing, the Planning Commission recommend to the City Council to adopt the Summerlake Park Master Plan, incorporating comments heard at this meeting. Commissioner Anderson seconded the motion. A voice vote was taken and the motion passed unanimously. 5. OTHER BUSINESS None 6. ADJOURNMENT The meeting adjourned at 8:15 p.m. Jerree Gaynor, Planning Commission Secretary ATTEST: President Mark Padgett PLANNING COMMISSION MEETING MINUTES - June 17, 2002 - Page 5 Agenda Item No.: 14 Meeting of: August 27, 2002 The Resolution related to Bull Fountain Annexation will be available in hard copy by Friday, August 23, 2002 and will be delivered to City Council in their Friday mail packet Contact the City Recorder's Office at 503-639-4171 for more information 06-4 rr) 6t; Co (16L fs • a3.0 AGENDA ITEM # I q FOR AGENDA OF 8/27/02 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Bull Mountain Annexation Policy Direction PREPARED BY:_ Jim Hendrvx DEPT HEAD OKCITY MGR OK Over the past year the City has explored the possibility of annexing the Bull Mountain area. Based on these efforts, three non-island annexation policy alternatives were developed and presented to Council on August 20, 2002. Council concurred to proceed with preparation of an annexation plan in coordination with Washington County for the November 2003 ballot. Council's action will be memorialized by resolution. STAFF RECOMMENDATION Adopt the attached resolution that directs staff to proceed with preparation of an annexation plan in coordination with Washington County for the November 2003 ballot. INFORMATION SUMMARY In 2001, the Tigard City Council established a goal to develop an annexation policy for non-island areas, such as Bull Mountain, and directed staff to study the feasibility of annexing the Bull Mountain area. Since July 2001, the City has been exploring annexation of the Bull Mountain area through a focus group with residents, a study, an open house with residents, and most recently, a phone survey. The City hired Riley Research Associates to poll both Bull Mountain and Tigard residents to determine their attitudes on issues related to annexation and methods of annexation, including an annexation plan. This information has been used in the development of three non-island annexation policy alternatives: 1) An annexation plan, which provides a plan for the sequence of annexation, local standards of service, a schedule of providing urban services, the effect on existing urban service providers, and long-term benefits of annexation; 2) Implementation of selected programs, which would develop a specific annexation policy and program addressing targeted issues such as open space and UGB expansion; 3) Continuation of the existing approach, which does not require annexations but assists property owners if they wish to annex. At its August 20, 2002 Council meeting, staff was directed to return with a resolution to proceed with preparation of an annexation plan in coordination with Washington County for the November 2003 ballot. OTHER ALTERNATIVES CONSIDERED Not adopt the attached resolution. VISION TASK FORCE GOAL AND ACTION CQMMITTEE STRATEGY Growth and Growth Management Goal #2, Urban services are provided to all citizens within Tigard's urban growth boundary and recipients of services pay their share. ATTACHMENT LIST #I- Resolution directing staff to prepare an annexation plan for the Bull Mountain area for Council's consideration, including Exhibit A - Annexation Plan Timeline FISCAL NOTES N/A \\TIG333\USR\DEPTS\LRPLN\beth\Annexation\Council\AIS 8 27 02.doc AGENDA ITEM # FOR AGENDA OF Auavust 27 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Washm on uoun uroan gerviuu~ r. 1~~1.=~..~ aV! / , PREPARED BY: Jim Hendryx DEPT HEAD OK ITY MGR OK ISSUE BEFORE THE C UNCIL Should Council renew the Intergovernmental Agreement (IGA) with Washington County to provide planning, building, and engineering related services to the Urban Services Area? STAFF RECOMMENDATION It is staff s recommendation that Council authorize the Mayor to sign the Urban Services Intergovernmental Agreement between City of Tigard and Washington County, amending and extending the agreement for another 5 years. INFORMATION SUMMARY Washington County and Tigard entered into an Urban Services Agreement in May of 1997. The agreement initially provided for the City to provide for development related planning, building, engineering services, and street maintenance activities. The agreement was subsequently amended, eliminating Tigard provision of street maintenance activities. The latest agreement includes amendments reflecting current procedures and operating practices and addresses the issue of collection of Park System Development Charges (SDCs) in the event the City decides to do an annexation plan for the Urban Services Area and the voters approve the plan. This provision would provide for SDC collections between the time the voters approve the plan and the time the area is officially annexed into the City of Tigard. The revised agreement further clarifies that the County is responsible for routine street maintenance while contracting with the City to provide surface maintenance (overlays, etc.). The terms of the agreement remained in effect for 5 years and the agreement expired May 12, 2002. It was extended until September 9, 2002. By mutual agreement the contract may be terminated at any time. Unilateral termination can only occur between the dates of March 151 and July 1St of any year, with 90 days written notice to the other party. OTHER ALTERNATIVES CONSIDERED Terminate the agreement, as provided for in Section V.A. of the Intergovernmental Agreement with Washington County. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management, Goal #2) Urban services are provided to all citizens within Tigard's urban growth boundary and recipients of services pay their share; Strategy #1 Adopt criteria that outlines when and under what circumstances areas on Bull Mountain will annex. Action Plans: ■ Provide targeted education program aimed at newcomers and specific Bull Mountain areas ■ Reach agreement with Wash. County that allows full provision of services by City including police service and annexation. ■ Expand ability to get annexation waivers for provision of sewers to Bull Mountain. ■ Create agreement with County that establishes under what conditions City will accept County facilities. ATTACHMENT LIST Attachment 1 - Urban Services Agreement FISCAL NOTES The program is fee supported. 1 V '1C Attachment 1 URBAN SERVICES INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND WASHINGTON COUNTY This agreement is entered into this day of , 2002, by WASHINGTON COUNTY, hereinafter "COUNTY" and the CITY OF TIGARD, hereinafter "CITY", both political'subdivisions of the State of Oregon. WHEREAS, ORS 190.007 provides for the furthering of economy and efficiency in local government and that intergovernmental cooperation is a matter of state wide concern; and WHEREAS, ORS 190.010 provides that units of government may enter into agreements for the performance of any and all functions and activities that a party to the agreement, its officers or agencies have authority to perform; and WHEREAS, Article IV(B)(2) of the Urban Planning Area Agreement called for a study of the transfer of responsibility for certain urban services from the COUNTY to the CITY to detennine the cost effectiveness and feasibility of this transfer; and WHEREAS, the COUNTY and the CITY believe it is in the best interest of efficiency and economy to transfer responsibility of certain services to the local unit of government consistent with the objectives of ORS 195; WHEREAS, the COUNTY and the City entered into an urban services IGA dated May 12, 1997 and now wish to update that agreement; WHEREAS, this agreement provides for a newly designed method to provide governmental services, is unique to the parties, and is subject to amendment; it is not intended to be used as a model agreement for other jurisdictions; URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page I Attachment 1 NOW, THEREFORE, THE COUNTY AND THE CITY AGREE AS FOLLOWS: 1. AREA AFFECTED BY AGREEMENT A. The area affected by the intergovernmental agreement is defined by Exhibit "I" to this agreement and is hereinafter referred to as the "area." II. DELEGATION OF AUTHORITY A. The COUNTY agrees to delegate to the CITY any and all additional authority that it possesses and which is needed by the CITY to carry out planning, development, road functions and other related activities within the area. The effective date and terms of the delegation of authority are as provided for in this agreement. Among the actions to be authorized pursuant to this provisions will be: 1. Provision of planning information to applicants for development review for all land development proposed for the area. 2. Performance of pre-application conferences. 3. Preparation of staff reports and performance of site visits for pending applications. 4. Coordination and provision of public notice of land use applications. 5. Collection of fees pertaining to development applications, building permits right-of-way use fees, systems development charges and traffic impact fees. 6. Presentation of staff recommendations pertaining to land use proposals at public hearings. 7. Preparation of administrative decisions for those applications that do not require public hearings, in keeping with the Tigard Community Development Code. 8. Conducting of public hearings before the land use approval authority as provided by the Tigard Community Development Code. 9. Conducting of appeal hearings before the land use approval authority as provided by the Tigard Community Development Code. 10. Preparation of final orders for all final decisions made pursuant to this agreement. 11. Representing the CITY in any appeal of a decision made by the CITY under this agreement to LUBA or any other court and representing the CITY in URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/PIGARD/WASHINGTON COUNTY Page 2 Attachment 1 mandamus actions or any other actions in state or federal court. 12. Review of construction activities related to development approvals granted pursuant to this agreement for compliance with conditions of development approval. 13. Coordination with engineering and other appropriate staff for review and approval of public facilities related to development application and construction. 14. Interpretation of the applicable comprehensive plan and implementing regulations for the area. 15. Exercise of subdivision authority within the area. 16. Processing and issuance of building permits for all construction activities within the area. Performance of all building inspecting and enforcement relating to permits issued. 17. Surface maintenance and improvements of roads within the area; all other routine maintenance shall be provided by County. 18. Issuance of all access permits and right of way use and right-of-way construction permits for the area. 19. Enforcement of code and permit violations including: a. Development and zoning violations b. Building code violations c. Conditions of approval violations d. Right of way permit violations e. Road and street hazards 20. Reviewing OLCC and DMV land use compatibility statements. 21. Collection of Park System Development Charges pursuant to the provisions of Exhibit 7. III. RESPONSIBILITIES OF THE PARTIES A. General Terms Regarding Responsibilities of the Parties. It is the intention of the parties hereto that there be no cost to the CITY in the undertaking of the responsibilities under this agreement. As to operational costs, the fee schedule adopted for development review and building permit services is intended to fully cover all direct and indirect costs to the CITY associated with development review and building permit functions. URBAN SERVICES INTERGOVERNMENTAL AGREEMENTITIGARD/WASHINGTON COUNTY Page 3 Attaclunent 1 As of the date of this Agreement, the parties contemplate that there are three broad areas of cost of service in the Area which is the subject of this agreement. Those areas of cost are: 1. operational expenses, 2. defense of litigation, administrative and LUBA appeals occasioned by development review and engineering review of development; and 3. liability under tort, constitutional and related theories. It is the intent of the parties that the CITY will be fully compensated for operational expenses relating to this Agreement through application fees collected by the City or by funds transferred from the County. The remaining two described cost areas to the CITY will be analyzed as provided in Section (IV)(B) and (VI). B. The County agrees to perform the following activities as part of this intergovernmental agreement: 1. Transfers of all special fund allocations to the CITY for specific services denoted in this agreement shall be made in accordance with the provisions of Exhibit 3. Any interest accrued by the CITY shall be used in furtherance of delivering such specific services. In the event of funding short falls for operational expenses arising out of the CITY's assumption of obligations under this agreement, the provisions of paragraph IV(A)(1) shall govern the transfer of additional funds to the CITY by the COUNTY. 2. Any service under this agreement provided by CITY that requires payment by COUNTY to CITY for such service shall only be required of the CITY as long as COUNTY makes the payments to CITY as required by this agreement. This agreement shall terminate if COUNTY is unable to make payments to CITY required under this agreement due to reductions in the COUNTY budget. 3. Provide as needed technical assistance to the CITY to assist in those services requiring COUNTY expertise. Such technical assistance shall be delivered to the CITY at no charge and in a timely manner. More specifically, the COUNTY agrees to provide technical assistance in development review to assist the CITY's Community Development Department render appropriate land use decisions including "areas of special concern" and floodplain/drainage hazard areas, as defined in the COUNTY's Bull Mountain Community Plan. 4. Provide coordination with the CITY in updating and development of the COUNTY's transportation capital improvement program. 5. Adopt provisions of Tigard's Municipal Code, allow the use of certain City engineering standards (e.g., street width, curb type, sidewalk location), and other City rules that are necessary for the CITY to have authority to fulfill the delegation provisions listed under section II of this agreement. 6. If at a quarterly meeting, it is determined that the COUNTY fee schedule is URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/I'IGARD/VVASHINGTON COUNTY Page 4 Attachment I not adequate to compensate CITY for services performed, upon presentation of adequate documentation to this effect, COUNTY shall adjust its fee schedule for the area to attempt to cover the cost of the service. In addition, the cost recovery provisions of paragraph IV(A) shall apply consistent with the intent that there be no net loss to the CITY for operational expenditures under this agreement. C. The CITY agrees to perform the following activities as part of this intergovernmental agreement: 1. Perform land development services (development assistance development review) on a daily basis consistent with the CITY Community Development Code as adopted by the COUNTY. 2. Perform building inspection services (plan review, electrical, plumbing, mechanical, structural) on a daily basis consistent with the state law and the CITY code as adopted by the COUNTY. 3. Utilize the COUNTY'S street standards or those City standards agreed to by COUNTY in evaluating public and private development and/or projects in the area. The County Engineer shall approve the standards to be used during plan review. 4. Perform surface maintenance work for County and public roads and receive payment for such work from County and Urban Road Maintenance District (URMD), as described in Exhibit 2 and 3. 5. Perform road capital improvements and receive payment for such improvements from Traffic Impact Fees, as described in Exhibit 4. 6. Perform code enforcement services on a daily basis consistent with the CITY codes as adopted by the County and receive payment for such enforcement, as described in Exhibit 5. 7. As of the date of this agreement, CITY shall impose a condition upon any applications which requires street lighting, that the applicant will agree to the formation of a Street Lighting District. 8. Take responsibility for and complete inspections and reviews for all existing building permits and complete review of all development permit applications (including requests for extensions on existing permits) that are filed after the effective date of this agreement and receive payments, as described in Exhibit 6. 9. Collect all pertinent fees and taxes relevant to building permits, traffic impact tax, sign permits, right-of-way use permits, sign permits and development application fees. CITY shall apply its own fee schedules for all engineering, development, and building permits. CITY may adopt revised fee schedules as necessary to fully recover costs for providing services. CITY shall retain all fees it collects for its services. COUNTY shall continue to collect Maintenance Local Improvement District (MLID) URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 5 Attachment 1 and URMD assessments for this area and transfer them as provided for in this agreement under Exhibit 2. 10. All other actions reasonably necessary to carry out the authority given to CITY as provided for in the attached Exhibits. IV. OPERATING PROCEDURES AND RELATIONSHIPS The COUNTY and CITY agree: A. Operational Expenses. It is expected that the City will adjust its fees as necessary over time to cover its operating costs. If those funds transferred or fees gathered are not sufficient to pay for the services required by this agreement, the COUNTY shall reimburse CITY for any deficiency remaining at the end of each year. Such reimbursement shall be in accordance with the provisions of Exhibit 3. To be eligible to receive such payments for the deficiency, the CITY is required to: 1. Meet annually with COUNTY and give accounting records of the CITY's fund for these services that describe the cost of services and the revenues generated during the year. CITY shall also make estimates about levels of services, staffing requirements and revenue projections for the next year. The annual meetings shall aid in determining the fund transfers that are set in the annual meeting as described below. 2. Maintain a separate fund and detailed accounting records for each functional area and funding source covered by this agreement. 3. Be in compliance with all other provisions of this agreement. B. Defense of Appeals/Liability As described in paragraph II(A)(11) above, it is contemplated by the parties that LUBA or other court actions may arise from the review of development in the area subject to this agreement. The CITY will undertake responsibility for defense of such actions. The cost of such defense will be borne by either the CITY or the COUNTY or a combination thereof as provided for in this paragraph. 1. When the CITY receives notice from any party that a LUBA appeal, court action or other legal review of the CITY's authority is contemplated by that party, the CITY Community Development Director shall immediately notify the COUNTY Land Use and Transportation Director in writing. The Directors or their designee(s) shall confer to determine the source and nature of the requirement resulting in the disputed and the CITY's decision on whether or not to defend the action. The COUNTY shall have 10 days from the date of the CITY's notice in which to decide whether it wants the CITY to proceed in the defense of such action. If the COUNTY requests that the CITY proceed to defense where the CITY would otherwise elect not to do so, the COUNTY will fully reimburse the CITY for all costs of defense including direct and indirect costs. Similarly, if the CITY believes it is important to proceed the defense where the COUNTY does URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 6 Attachment 1 not concur, the CITY will absorb the cost. In cases where both parties believe it is important to defend an action, the parties will share equally the cost of defense. The same process shall apply in all subsequent appeals from the LUBA or court decision. In all other cases, the parties will resolve the dispute over cost using the dispute resolution methods contained in this agreement. The parties here recognize that the intent is that the party creating the cost should bear responsibility for that cost. 2. For constitutional takings claims and inverse condemnation claims, including civil rights actions alleging a taking County shall indemnify City for City's acts or omissions to a maximum aggregate amount of $500,000 on a "claims-made" basis. Claims must arise from acts or omissions occurring during the term of this Agreement and be actually received no later than two years after termination of this Agreement. This shall include defense costs, attorney fees and any settlements or judgments. Indemnification shall be on a 50150 basis with the City participating in the first dollar of defense costs and any judgment or settlement, including attorney fees. In no event shall either party be responsible for any punitive damages awarded against the other party, its officers, employees or agents. In the event any portion of the area covered by this Agreement annexes, County's obligation under this paragraph shall cease as to any claims arising from the annexed area after annexation is final. County shall bear full responsibility for claims resulting from its approval of development prior to the effective date of this Agreement. 3. Consistent with the hold harmless provisions of paragraph VI, it is the parties' intention that each be responsible for liability arising out of its own employees' acts. 4. On July 1, 1997, County shall create a $500,000 insurance reserve fund or account dedicated exclusively to satisfying its obligations under paragraph (2) above. In no event shall County be responsible for any costs, damages, judgments, settlements, or attorney fees arising from or relating to the acts or omissions of City except to the extent of the remaining balance of this reserve. Notwithstanding termination of this Agreement, this reserve shall continue until either of the following occurs: The fund balance is expended in defense or on behalf of City as described in paragraph (2) above or all claims against City filed within two years of termination of this Agreement are finally resolved and paid. Each fiscal year, County staff shall make a recommendation to the Board regarding availability of funds to replenish the reserve and the Board shall seriously consider such action. City may terminate this Agreement on 90 days' notice if County declines to replenish the reserve in any future budget year. 5. City shall confer with County at the first opportunity if City has reason to think that a land use application or decision of City is likely to be contested beyond the City's internal review process or may give rise to a claim for damages. C. Dispute Resolution. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 7 Attachment I To the extent possible, COUNTY and CITY staff will observe the rules, standards and regulation reference by this agreement. In the case of a dispute about the terms of this agreement or how to effectuate this agreement, the COUNTY and CITY staff will immediately refer the dispute to the COUNTY Director of Land Use and Transportation and the CITY Community Development Director to resolve the dispute. If the Directors have not resolved the dispute within 30 days, the dispute shall be forwarded to the CITY and COUNTY Administrators. If the matter cannot be resolved by the Administrators within 30 days, it shall be forwarded to the Council and the Board for resolution. If the matter still cannot be resolved, the arbitration provisions of ORS 190.710-190.800 shall apply. D. Amendments. Requested amendments to this intergovernmental agreement shall be submitted in writing to both the COUNTY Land Use and Transportation Director and to the CITY Community Development Director with adequate explanations as to the necessity of such amendment. A decision by the Directors to either reject or accept the amendments must be made in no more that 30 days from the receipt of the request. After review and approval by the Directors, the amendments must be submitted to the CITY Manager and COUNTY Administrator for signature or presentation to the Board and Council. The CITY Council and the COUNTY Board of County Commissioners grant authority to the CITY Manager and the COUNTY Administrator to make such changes as needed to this intergovernmental agreement to effectuate the intent and purpose of this agreement. For amendments that will result in a financial impact, the amount of the financial impact needs to be within the Administrator's and Manager's delegated authority. Any amendments outside this authority need to be made by the Council and the Board and must be submitted to the Board and Council within 90 days of the Administrator's or Manager's receipt of the proposed amendments. E. Annual Review. COUNTY and CITY will jointly conduct an annual review of this intergovernmental agreement beginning November 1 and ending no later than January 30 of each year to allow adjustments to upcoming COUNTY and CITY budgets. Such joint review shall include an evaluation of the effectiveness of the agreement, procedures, and the delivery of service in meeting the requirements of the agreement. The annual review shall also evaluate the costs of providing the services, reimburse the CITY for operating deficits described in section IV(A), and adjust such moneys that are transferred to the CITY to render services under this agreement. The CITY and COUNTY agree to take the results of this meeting, along with any amendments to the agreement made pursuant to paragraph D above, to their respective Board and Council within 30 days of such meeting. The Board and Council agree to take action on such request consistent with this agreement. F. COUNTY will make changes in Article VIII of its Community Development Code (CDC) necessary to adopt changes in the CITY's development code as it applies to the area. COUNTY and CITY shall work together to ensure that all CITY code changes are promptly adopted by COUNTY. G. The parties agree to coordinate planning efforts under Metro's 2040 Growth Concepts at a time mutually agreeable to the parties. City shall maintain $3,000,000 aggregate general, professional and automotive URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 8 Attachment 1 liability insurance for claims arising from its acts and omissions in the area subject to this Agreement. County, its officers, employees and agents shall be named as an additional insured (except that County need not be named on professional insurance if that is unavailable). County shall pay to City the first year premium to a maximum of $5,000.00. The premium for subsequent years shall be paid by City as an operating expense. City shall periodically monitor the insurance market to determine if coverage for takings and inverse condemnation claims is available. If so, County may elect to pay the premium for said insurance in lieu of maintaining the insurance reserve provided for herein. 1. In the event City elects to terminate this Agreement prior to the end of the five (5) year term as provided for in section V, City agrees to return to County any equipment purchased with proceeds furnished by the County pursuant to this Agreement. V. TERM OF AGREEMENT A. This agreement shall be effective upon execution by both parties and shall remain in effect for five (5) years, or until terminated by mutual agreement of both parties. By mutual agreement, this agreement may be extended for another five (5) years. Either party may terminate this agreement between the dates of March 1 and July 1 of any year with 90 days written notice to the other party. B. The CITY shall be responsible for processing all permits or applications for this area which have not been completed at the time of the termination of this agreement. C. Except for County's obligation to indemnify City for City's acts or omissions, the parties' obligations as regards LUBA cases and to indemnify and defend each other pursuant to Section VI shall survive termination as to any claim arising from the actions of either party during the term of this Agreement. County's obligaii,nis to indemnify City for City's acts or omissions shall survive only to the extent of claims within two years of the termination of this Agreement and to the extent of funds remaining in the insurance reserve. VI. HOLD HARMLESS A. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, CITY shall hold harmless and indemnify COUNTY, its Commissioners, employees, and volunteers agents against any and all claims, damages, losses and expenses (including all attorney(s) fees and costs), arising out of or resulting from CITY's performance of this agreement where the loss or claim is attributable to the acts or omissions of the CITY, except as provided in section (IV)(B). B. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, County shall hold harmless and indemnify CITY, its Councilors, employees, agents and volunteers against all claims, damages, losses and expenses (including all attorney fees and costs) arising out of or resulting from COUNTY's performance of this agreement where the loss or claim is attributable to the acts or omissions of COUNTY, except as provided in section (IV)(B). VII. GENERAL PROVISION URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Pagc 9 Attachment 1 A. SEVERABILITY: COUNTY and CITY agree that if any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid. B. THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES RELEVANT TO TIE PURPOSE DESCRIBED HEREIN AND SUPERSEDES ALL PRIOR AGREEMENTS OR PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS CONTRACT. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT WILL BE BINDING ON EITHER PARTY EXCEPT AS A WRITTEN ADDENDUM SIGNED BY AUTHORIZED, AGENTS OF BOTH PARTIES. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 10 Attachment I In WITNESS THEREOF, the parties have executed this Urban Services Intergovernmental Agreement on the date set opposite their signatures. WASHINGTON COUNTY, OREGON By Tom Brian Chairman, Board of County Commissioners Date Approved as to form: County Counsel APPROVED WASHINGTON COUNTY BOARD OF COMMISSIONERS MINUTE ORDER # DATE BY CLERIC OF THE BOARD CITY OF TIGARD, OREGON By I&AAAjjj~, I RAI 42T? mes rif h Mayor, City of Tig Approved as to form: V i Ci Attorney URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARDAVASHINGTON COUNTY Page I I EXHIBIT 1 . ::AY::: V : • ,A,:; • '::,GIs Q : :=:~SiEL: ,y - = Na - - tu. _ - - yvt} ti~ i - l _ _ b - - _ 10. ~~secv - ,aic - l , HiR ~t rg r _ - - - - _ P ALL 3WT1 3£; _ W - - - ' G nr Ps. AV = - - - - Wain u "Lott 3 - - - - ~t~ = - - wzs~ - nr _ _ aarrl - - - - - - - _ - - - 117 - b - )sra _ B a AV c u~ z nv /i6 = C F $ v € uNc fill I J41 _ - B _ is - - - - p A C flit `a .1 ~s ¢83 0 - - - _ c)FC~ P .:i:i .:ii: 1i::7• i i:; . : iii' i~:~ i...: iii.::.. _ : - . g . ? - - aoa EXHIBIT 2 Urban Road Maintenance District CITY shall provide surface maintenance (asphalt overlays and seal coats) and improvements of URMD roads (minor collector, local and public) in accordance with the work program to be negotiated each year and the funding provided by the DISTRICT. DISTRICT shall provide all other routine maintenance. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. CITY will forward to DISTRICT those complaints that are beyond the scope of this agreement. CITY shall keep a distinct accounting of all expenditures for repairs and maintenance under this fund. Annually the CITY shall receive from COUNTY an amount that will be negotiated between the parties for a work program for the following year. This amount shall be established during the annual meeting of the parties as specified in the agreement and will include the estimated cost of the work plus 8% for project design, administration and inspection. Payment shall be made by COUNTY within sixty days of July 1 each year for the duration of the agreement. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY EXIBIT 3 Road Fund Maintenance CITY shall provide surface maintenance (asphalt overlays and seal coats) and improvements of County roads (arterial and major collector) in accordance with the work program to be negotiated each year and funding provided by the COUNTY. COUNTY shall provide all other routine maintenance and traffic operations. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. CITY will forward to COUNTY those complaints that are beyond the scope of this agreement. CITY shall keep a distinct accounting of all expenditures for repairs and maintenance under this fund. Annually, the CITY shall receive an amount that will be negotiated between the parties for a work program for the following year. This amount shall be established during the annual meeting of the parties as specified in the agreement and will include the estimated cost of the work plus 8% for project design, administration and inspection. Payment shall be made by COUNTY within sixty days of July I each year for the duration of the agreement, or sixty days after the date of agreement on the negotiated amounts, whichever is later. URBAN SERVICES INTERGOVERNMENTAL AGREEMENTITIGARDJWASHINGTON COUNTY EXHIBIT 4 Traffic Impact Fees CITY shall assume responsibility for collecting traffic impact fees for the area as of date of the agreement. Funds shall be spent for projects in the area as determined by CITY working with the COUNTY in conjunction with the Washington County Coordinating Committee. A work program shall be established for the area by the parties for the area at the annual meeting of the parties. Funds allocated from the TIF shall used to finance the agreed upon work program. CITY shall keep a subaccount of all expenditures for improvement made under this fund. CITY shall collect these fees and shall be responsible for all accounting and auditing for these fees. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY EXHIBIT 5 Code Enforcement CITY shall assume responsibility for code enforcement as of the date of this agreement. CITY shall enforce codes and respond to citizens complaints and prosecute violators for violations of Washington County Code Articles VIII and IX (Ordinances 487 and 488). CITY shall keep a log of all complaints and the response time to these complaints, as well as the results of the complaints. CITY shall keep all fines levied from violators. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY EXHIBIT 6 Building Permits City shall issue all building permits, for all activities requiring permits under the Building Codes and other CITY codes as adopted by COUNTY and perform all inspections in a timely manner. CITY shall assume responsibility for completing existing permits on the date of this agreement and all building permits requested for the area thereafter. CITY shall keep an accounting of all funds collected and expenses in maintaining the building inspection program. Funds collected by CITY shall be used to operate the CITY building permit program for the area. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY ms EXHIBI'T' 7 Park System Development Charge If the City undertakes the preparation of an Annexation Plan for the Bull Mtn. area, which the voters approve, the County shall allow the City to collect a Park System Development Charge (SDC) for new development for the period between the approval date of the Annexation Plan and the effective date of the annexation. The initial SDC shall be the City's current rate at the time this provision is implemented, and may be adjusted according to the City's procedures for changes to the SDC. To the extent practicable, funds collected within the Bull Mtn. area shall be expended within the area. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY