City Council Packet - 12/28/2004
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CITY OF TIGARD
OREGON
TIGARD CITY COUNCIL
MEETING
December 28, 2004
COUNCIL MEETING WILL BE TELEVISED
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13125 SW Hail Blvd- Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
AGENDA ITEM #
FOR AGENDA OF -I - a5 • oS
COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
December 28, 2004
1.1 Call to Order - Mayor Dirksen called the City Council & Local Contract
Review Board to order at 7:31 p.m.
1.2 Roll Call - Mayor Dirksen and Councilors Moore, Sherwood, Wilson, and
Woodruff were present.
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports: None
1.5 Call to Council and Staff for Non-Agenda Items:
City Manager Monahan said that staff requests Item No. 5 be delayed until
February.
2. PUBLIC HEARING (Quasi-Judicial) - ARBOR SUMMIT AND ADJACENT
PROPERTIES ANNEXATION - ZCA 2004-0001
The following description was read by City Attorney Ramis at the December
14, 2004 meeting:
REQUEST: The applicant is requesting annexation of two (2) parcels
containing 8.9 acres into the City of Tigard, better known as Arbor Summit
Subdivision I and 11. An additional 9.29 acres has been included by means of
consent (Bella Vista Subdivision). The City is also including a 17.91 acre piece
of the contiguous Summit Ridge Subdivision by using double majority, as
allowed by Oregon Revised Statute 222.170.2, Effect of consent to annexation
by territory. Therefore, this annexation is for eight (8) parcels totaling 36.1
acres. LOCATION: Eight contiguous properties located between SW Bull
Mountain Road and SW Beef Bend Road, east of SW 133`d Avenue and
west of Turnagain Heights; also known as Arbor Summit I and II, Bella
Vista, and a portion of Summit Ridge Subdivisions. 12780 and 12950 SW
Bull Mountain Road; 12525, 12635, 12655 and 12825 SW Beef Bend
Road; and 2 unaddressed parcels. Washington County Tax Assessor's
Map Numbers 2S109AD, Tax Lots 1400 and 1500; 2S109DA, Tax Lot
2200; and 2S109DD, Tax Lots 100, 102, 300, 306 and 7000. ZONE: R-7:
Medium-Density Residential District. The R-7 zoning district is designed to
accommodate attached single-family homes, detached single-family homes with
or without accessory residential units, at a minimum lot size of 5,000 square
feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home
parks and subdivisions are also permitted outright. Some civic and institutional
uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The
approval standards for annexations are set out in Community Development
Tigard City Council Minutes Page I
December 28, 2004
Code Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10;
ORS Chapter 222; and Metro Code Chapter 3.09.
a. Mayor Dirksen noted the hearing was continued from
December 14, 2004.
b. Declarations or Challenges:
Councilor Wilson advised that Lisa Hamilton Treick called him on
the telephone and urged him to vote no on the proposed
annexation. He reported that the conversation was not to the
relevant criteria necessarily, it was more of a philosophical, broad
natured discussion including long range policies for the Bull
Mountain area. Councilor Wilson said this conversation would not
cause him to be biased.
C. Community Development Director Hendryx summarized the staff
report. The hearing was opened on December 14, 2004, and upon
request from the public, the record was held open for seven days
so additional written testimony could be submitted. No new
testimony was submitted. The applicant's legal counsel requested
in a December 23 letter that the City Council approve the
annexation submittal, stating that the evidence in the record
supports a finding that the applicable approval criteria for
annexation are satisfied.
Following the hearing of December 14, staff met with the City
Attorney and revised the findings. The findings have been
submitted to Council. Mr. Hendryx distributed revised ordinances
for Options 1 and 2. The revision to both ordinances was to make
the annexation effective immediately rather than 30 days from the
date of Council action.
Community Development Director Hendryx referred to a map,
which illustrated the two options before the Council. Option 1
would call for annexation of the total area, 36.1 acres, which
includes Arbor Summit I and II, a portion of Summit Ridge (18
acres), and 9 acres of Bella Vista. Since the hearing, the applicant
for Summit Ridge has submitted a Consent to Annex form for the
entire Summit Ridge development; however, given where the City
is in the process the entire Summit Ridge development could not be
added to this land use application. The City is now in possession of
two Consents to Annex, one for Summit Ridge and the Arbor
Summit petition for annexation.
d. Community Development Director Hendryx advised staff
recommended adoption of Option 1, which would be Annexation of
Tigard City Council Minutes Page 2
December 28, 2004
Arbor Summit I and II, a portion of Summit Fridge, and all of Bella
Vista Subdivisions.
e. Council Discussion
Upon request by Mayor Dirksen, Mr. Hendryx reviewed the current
city limits' proximity to the proposed annexation area.
Upon request by Councilor Wilson, Mr. Hendryx explained the last
Consent to Annex was received last Thursday at approximately
4:45 p.m., just before the Friday holiday. The applicant submitted
two Consents; a Consent to annex and a waiver of the one-year
time requirement to process an annexation request. The
significance is that, with a Consent, the City may proceed with
annexation of the property. This is something that the City regularly
requires for projects that are outside the City but inside the urban
services area where the City provides planning, engineering, and
development-related services. He affirmed that Councilor Wilson
was correct in that there is no opposition from any of the property
owners.
f. Mayor Dirksen closed the public hearing.
g. Council Consideration:
Motion by Councilor Sherwood, seconded by Councilor Moore, to
adopt Ordinance No. 04-15, Option 1.
Council discussion on the motion:
Councilor Woodruff acknowledged the testimony received
two weeks ago. He advised he had reread the testimony
that was provided. The proposed annexations are the kind
that the City has done before. There would be no one on the
properties that would be adversely affected. The City will be
able to provide services and the boundary line will look
better. He appreciated the testimony, but did not see any
compelling argument against proceeding with the
annexations.
i
i
i Councilor Wilson said he agreed with Councilor Woodruff.
While he would have thought the proposed annexation
should have been non-controversial, he wanted to
acknowledge that it is controversial. Having been througha
very contentious annexation process, he was personally
sympathetic to a lot of the goals that he heard and would like
Tigard City Council Minutes Page 3
December 28, 2004
to continue the dialogue with people in their respective
areas. There are some common interests and he would like
to work together to see what could be done to address
those. On this particular issue, he supports the annexation,
which continues a practice of about 15 to 20 years to annex
an average of three annexations per year up to nine in a
given year, which were similar to this one.
Mayor Dirksen commented that this annexation process is
not unique to Tigard, but annexations like this one happen in
other jurisdictions in the same way. The Mayor agreed with
the comments of the Councilors and added that there would
be nothing gained and much lost if the Council were to vote
no. If the Council voted no, then the development could not
take place and this decision would probably be appealed to
a higher level and ultimately there would be no purpose to a
no vote at this time. The opportunity would be lost to receive
funds for parks acquisition and park improvements.
Councilor Sherwood said that this would give the City an
opportunity to prove that with the SDC funds collected the
City is working in the direction for park improvements. When
the opportunities are there, "we need to take advantage of
it."
Councilor Woodruff said that at some point in the near
future, he would like to have a presentation from the Parks
Board to hear what is being done with the SDC funds.
Mayor Dirksen pointed out that there is a public City meeting
on January 19 for the capital improvements program to
gather citizen input for the coming year's capital
improvement plan for projects they would like to see
accomplished in the coming year.
The City Recorder read the following:
ORDINANCE 2004-15 -AN ORDINANCE ANNEXING 36.1
ACRES, APPROVING ARBOR SUMMIT ANNEXATION AND
OTHER ADJACENT PROEPRTIES (ZCA 2004-00001) AND
WITHDRAWING PROPERTY FROM THE TIGARD WATER
DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S
PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS
MAINTENANCE DISTRICT, WASHINGTON COUNTY STREET
LIGHTING DISTRICT #1, AND THE WASHINGTON COUNTY
VECTOR CONTROL DISTRICT, AND DECLARING AN
EMERGENCY.
Tigard City Council Minutes Page 4
December 28, 2004
The motion was approved by a unanimous vote of the City Council
present:
Mayor Dirksen: Yes
Councilor Moore: Yes
Councilor Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
3. REVISED CITY/TRIMET MEMORANDUM OF UNDERSTANDING (MOU)
a. Community Development Director Jim Hendryx reviewed the staff
report, which is on file in the City Recorder's office. In December last
year, Council considered and adopted a Memorandum of
Understanding (MOU) with TriMet to formalize a partnership to plan
for local service and pedestrian improvements. The revisions to the
MOU were proposed because the timeframe of the original MOU was
tied to the completion date for Commuter Rail. The new MOU
reflects the change in Commuter Rail startup to FY 07 from FY 06.
The revised MOU includes language changes requested by TriMet's
legal office. None of the changes are substantive. A benefit to
Tigard with the revised MOU is that it will give an additional year of
transit agency time and attention to the City.
b. Councilor Sherwood thanked staff for their work with TriMet for the
benefit of Tigard.
Councilor Wilson said that Mayor Griffith deserves much credit as
well for his efforts with TriMet.
Councilor Woodruff said he was disappointed that commuter rail is
one year further away, but noted the opportunity to build the
relationship with TriMet.
C. Council Consideration:
Motion by Councilor Woodruff, seconded by Councilor Sherwood, to
approve the revised Memorandum of Understanding.
The motion was approved by a unanimous vote of the City Council
present:
Mayor Dirksen: Yes
Councilor Moore: Yes
Councilor Sherwood Yes
Tigard City Council Minutes Page 5
December 28, 2004
Councilor Wilson Yes
Councilor Woodruff Yes
4. PUBLIC HEARING - RESOLUTION TO ADOPT AMENDED MASTER
FEES FOR LONG-RANGE PLANNING (Continued from December 14,
2004)
a. Mayor Dirksen opened the public hearing, which was continued
from December 14, 2004.
b. Community Development Director Jim Hendryx presented the staff
report, which is on file in the City Recorder's office. Council had
directed staff to develop a long-range planning fee to help offset the
costs of completing long-range planning studies and projects. The
proposed resolution would increase certain land use planning fees.
C. Public testimony: None
d. Council discussion:
Community Development Director Jim Hendryx reviewed the Fees
and Charges schedule attached to the ordinance explaining the
increased fee is only on the base fee. The revenue raised from the
proposed increase will be used to pay for external support and
assistance on projects (outside resources) and not used for current
staff resources. With assistance from the Finance Department,
revenue will be tracked. Planning services are funded from the
General Fund.
Discussion followed regarding this surcharge and how building and
planning services are funded and accounted. In response to a
question from Councilor Woodruff, Community Development
Director Hendryx advised that at the time fees are paid, the
applicant would receive information to identify that the fee is for use
L in the long-range planning program to offset the costs of major
r studies.
Mayor Dirksen, Councilor Woodruff, and Councilor Wilson each
4 commented that they wanted to be sure that these fees are
o recognized separately. The funds collected from the proposed
increase in certain land use planning fees will go into the General
u
Fund; however, Council members noted they would like to see
clear accounting of how much was received and how the money
was used. At the time of payment, the applicant should receive
information on the fee bill showing what the charges are for.
Tigard City Council Minutes Page 6
December 28, 2004
e. Mayor Dirksen closed the public hearing.
f. Council consideration:
Motion by Councilor Wilson, seconded by Councilor Sherwood, to
adopt Resolution No. 04-99.
RESOLUTION NO. 04-99 - A RESOLUTION AMENDING
RESOLUTION NO. 04-37 BY AMENDING EXHIBIT A THERETO
AND INCREASING CERTAIN LAND USE PLANNING FEES
The motion was approved by a unanimous vote of the City Council
present:
Mayor Dirksen: Yes
Councilor Moore: Yes
Councilor Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
5. PUBLIC WORKS DEPARTMENT: MISSIONNALUES EXERCISE
RESULTS
This agenda item was set over to a February Council meeting.
6. REVIEW ADMINISTRATIVE ITEMS:
City Manager and Council discussed the following:
• The Council goal-setting meeting was set for January 18, 2005, 4
p.m. in the 2"d Floor Library Conference Room.
The Council tour for the Capital Improvements Program was set for
February 1, 3 p.m. Mayor Dirksen asked that the media be invited.
City Manager Monahan advised the Transportation Financing
Strategies Task Force was also invited.
• The first meeting of 2004 will be on January 11, at which time
Mayor Dirksen and Councilors Woodruff and Harding will be sworn
in. Newly elected officials will have an opportunity to speak after
the oath of office ceremony.
7. Motion by Councilor Moore, seconded by Councilor Sherwood, to adjourn
the meeting.
Tigard City Council Minutes Page 7
December 28, 2004
The motion was approved by a unanimous vote of the City Council
present:
Mayor Dirksen: Yes
Councilor Moore: Yes
Councilor Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
The meeting adjourned at 8:29 p.m.
Catherine Wheatley, City Record
Attest:
Mayor City of Tigard
Date: I - .015 - y 5
0A*"%W V,'C.nOG,7n d=
Tigard City Council Minutes Page 8
December 28, 2004
Mayor's Agenda w/Administrative Items Listed
F '"ee i"' Wig"
CITY OF TIGARD
OREGON
PUBLIC NOTICE:
Anyone wishing to speak on an agenda Item should sign on the appropriate sign-up sheet(s).
It Is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on
the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30
p.m.
Assistive Listening Devices are available for persons with impaired hearing and should be
scheduled for Council meetings by noon on the Monday prior to the Council meeting.
Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD -
Telecommunications Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments;
and
a 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, ext. 2410 (voice) or 503-
684-2772 (TDD - Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
COUNCIL AGENDA - DECEMBER 28, 2004 page 1
AGENDA
TIGARD CITY COUNCIL MEETING
DECEMBER 28, 2004
7:30 PM
1. BUSINESS MEETING
1.1 Call to Order - City Council & Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications 8i Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
7:35 PM
2. PUBLIC HEARING (Quasi-judicial) - ARBOR SUMMIT AND AD]ACENT
PROPERTIES ANNEXATION - ZCA 2004-0001 (Continued from December 14,
2004)
(Note: The following was read by City Attorney Ramis when the hearing was opened on
December 14, 2004)
REQUEST: The applicant Is requesting annexation of two (2) parcels containing 8.9
acres Into the City of Tigard, better known as Arbor Summit Subdivision I and II. An
additional 9.29 acres has been included by means of consent (Bella Vista Subdivision).
The City is also including a 17.91 acre piece of the contiguous Summit Ridge Subdivision
by using double majority, as allowed by Oregon Revised Statute 222.170.2, Effect of
consent to annexation by territory. Therefore, this annexation is for eight (8) parcels
totaling 36.1 acres. LOCATION: Eight contiguous properties located between SW
Bull Mountain Road and SW Beef Bend Road, east of SW 133' Avenue and west of
Turnagain Heights; also known as Arbor Summit 1 and 11, Bella Vista, and a portion
of Summit Ridge Subdivisions. 12780 and 12950 SW Bull Mountain Road;
12525, 12635, 12655 and 12825 SW Beef Bend Road; and 2 unaddressed
parcels. Washington County Tax Assessor's Map Numbers 2S 109AD, Tax Lots
1400 and 1500; 2S 109DA, Tax Lot 2200; and 2S 109DD, Tax Lots 100, 102,
300, 306 and 7000. ZONE: R-7: Medium-Density Residential District. The R-7
zoning district is designed to accommodate attached single-family homes, detached single-
family homes with or without accessory residential units, at a minimum lot size of 5,000
square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home
parks and subdivisions are also permitted outright. Some civic and institutional uses are
also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval
standards for annexations are set out in Community Development Code Chapters
18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and
Metro Code Chapter 3.09.
COUNCIL AGENDA - DECEMBER 28, 2004 page 2
a. Continue Public Hearing from 12/14/04 (Mayor Dirksen)
b. Declarations or Challenges (City Attorney to note this was reviewed on
December 14, 2004)
C. Summation by Jim Hendryx, Community Development Director
- Review of written testimony received. Oral testimony was received
on December 14, 2004. No additional written testimony was
received. Attorney representing the applicant submitted a letter on
December 23, 2004, stating no new evidence was placed Into the
record and requesting the Tigard City Council approve the annexation.
d. Staff Recommendation
e. Council Questions
f. Close Public Hearing (Mayor Dirksen)
g. Council Consideration: Ordinance No. 04-15
8:0s PM
3. REVISED CITY/TRIMET MEMORANDUM OF UNDERSTANDING (MOU)
a. Staff Report: Jim Hendryx, Community Development Director
b. Council Discussion
C. Council Consideration: Adopt Memorandum of Understanding
8:20 PM
4. PUBLIC HEARING - RESOLUTION TO ADOPT AMENDED MASTER FEES FOR
LONG-RANGE PLANNING (Continued from December 14, 2004)
a. Continue Public Hearing from December 14, 2004
b. Summation by Jim Hendryx, Community Development Director
C. Public Testimony
d. Staff Recommendation
e. Council Discussion
f. Close Public Hearing
g. Council Consideration: Resolution No. 04-99
L
Staff requests that the following item be set over to the February 8, 2005, Tigard City Council
Meeting.
8:40 PM
0 5. PUBLIC WORKS DEPARTMENT: MISSIONNALUES EXERCISE RESULTS
a. Staff Report: Dennis Koellermeier, Public Works Director
u
COUNCIL AGENDA - DECEMBER 28, 2004 page 3
J
8:45 PM
6. REVIEW ADMINISTRATIVE ITEMS
a. Review by: Bill Monahan, City Manager
• January 11: City Council Meeting - 6:30 pm for photos and a
tour of Permit Center; 7:30 p.m. for Business Meeting
• January 18: City Council Workshop Meeting - 1:00 p.m.
Note: Meeting will be held In the Library, 2nd Floor Conference
Room
• January 25: City Council Business Meeting - 6:30 pm
7. ADJOURNMENT
1 AADMkCATHYICCA%2004%041228. Doc
i
COUNCIL AGENDA.- DECEMBER 28, 2004 page 4
City of Tigard, Oregon
Affidavit of Posting
CITY OF TIGARD
OREGON
In the Matter of the Notice of City Council Meeting - December 28, 2004
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, being first duly sworn (or affirmed), by
oath (or affirmation), depose and say:
That I posted the Notice of City Council Meeting - December 28, 2004 in the
following locations:
Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon
■ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon
■ Tigard Water Building 8777 SW Burnham Street, Tigard, Oregon
■ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon
A copy of said Notice being hereto attached and by reference made a part
hereof, on the ! day of C. 20 6
Signature of Person who Performed Posting
Subscribed and sworn (or affirmed) before me this 17day of
OFFICIAL SEAL
JILL M BYARS
NOTARY PUBLIC-OREGON -
COMISSION MY COMMISSION EXPIRES JUNE 14,2W8 Sig ature of Notary Public for Oregon
I;Vdm~cWhyVnwWnp noVm%s rM%sftrA of po5ft • de ber 04 meeUng cnan0es.doe
K
City of Tigard, Oregon
Notice of City Council Meeting
December 28, 2004 - 7:30 p.m.
Tigard City Hall - Town Hall
13125 SW Hall Boulevard CITY OF TIGARD
Tigard, Oregon 97223 OREGON
Forward to:
X Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724)
X , Patrick Harrington, The Oregonian (Fax No. 503-968-6061)
x Editor, The Regal Courier (Fax No. 503-968-7397)
Notice is hereby given that the Tigard City Council will conduct a business
meeting on December 28, 2004 at 7:30 p.m. in the Tigard City Hall Town Hall Room,
13125 SW Hall Boulevard, Tigard, Oregon 97223. Notification had been made that this
regular Tigard City Council business meeting was canceled; however, on December 14,
2004, the City Council continued to December 28 the following agenda items:
o PUBLIC HEARING (Quasi-Judicial) - ARBOR SUMMIT AND ADJACENT
PROPERTIES ANNEXATION - ZCA 2004-0001
o REVISED CTTY/TRIMET MEMORANDUM OF UNDERSTANDING (MOU)
o PUBLIC HEARING - RESOLUTION TO ADOPT AMENDED MASTER FEES FOR
LONG-RANGE PLANNING
o PUBLIC WORKS DEPARTMENT: MISSION/ VALUES EXERCISE RESULTS
o ADMINISTRATIVE COMMUNICATIONS
For further information, please contact City Recorder Cathy Wheatley by calling
503-639-4171, Ext. 2410 or e-mail cathy@ci.tigard.or.us.
City Recorder
/ C-) - c7 44
Date
Post: Tigard City Hall
Tigard Permit Center
Tigard Water Building
Tigard Public Ia'bra y
f:ledmlcWW1a eeft ncd=\n m of 12.2604 mur4 meOng.dm
12/16/2004 12:32 FAX 5036847297 City of Tigard Q001
Y## MULTI TX/RX REPORT
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TRANSACTION OR I 0615035460724 TT Newsroom
( 0915039686061 Oregonian
! 1115039687397 Regal Courier
ERROR INFORMATION
City of Tigard, Oregon +
Notice of City Council Meeting
December 28, 2004 - 7:30 p.m. . OF Tigard City Hall - Town Hall 13125 SW Hall Boulevard CITY TI
N
Tigard, Oregon 97223 OREGON
Forward to:
YC Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724)
X . Patrick Harrington, The Oregonian (Fax No. 503-968-6061)
X Editor, The Regal Courier (Fax No. 503-968-7397)
Notice is hereby given that the Tigard City Council will conduct a business
meeting on December 28, 2004 at 7:30 p.m. in the1`igard City Hall Town Hall Room,
13125 SW Hall Boulevard, Tigard, Oregon 97223. Notification had been made that this
regular. Tigard City Council business meeting was canceled; however, on December 14,
2004, the City Council continued to December 28 the following agenda items:
o PUBLIC HEARING (Quasi-judicial) - ARBOR SUMMIT AND ADJACENT
PROPERTIES ANNEXATION - ZCA 2004-0001
o REVISED CITY/TRIMET MEMORANDUM OF UNDERSTANDING (MOU)
o PUBLIC HEARING - RESOLUTION TO ADOPT AMENDED MASTER FEES FOR
LONG-RANGE PLANNING t
o PUBLIC WORKS DEPARTMENT: MISSION/ VALUES EXERCISE RESULTS
o ADMINISTRATIVE COMMUNICATIONS
. For further information, please contact City Recorder Cathy Wheatley by calling
503-639-4171, Ext. 2410 or e-mail cAjhy@gj.ti&Kd.or.us.
City Recorder Lo , c) L4
Date
City of Tigard, Oregon
Notice of City Council Meeting
December 23, 2004 - 7:30 p.m.
Tigard City Hall - Town Hall
13125 SW Hall Boulevard CITY OF TIGARD
Tigard, Oregon 97223 OREGON
Forward to:
X Barbara Shennan, Newsroom, Tigard Times (Fax No. 503-546-0724)
X Patrick Harrington, The Oregonian (Fax No. 503-968-6061)
x Editor, The Regal Courier (Fax No. 503-968-7397)
Notice is hereby given that the Tigard City Council will conduct a business
meeting on December 28, 2004 at 7:30 p.m. in the Tigard City Hall Town Hall Room,
13125 SW Hall Boulevard, Tigard, Oregon 97223. Notification had been made that this
regular Tigard City Council business meeting was canceled; however, on December 14,
2004, the City Council continued to December 28 the following agenda items:
o PUBLIC HEARING (Quasi-Judicial) - ARBOR SUMMIT AND ADJACENT
PROPERTIES ANNEXATION - ZCA 2004-0001
o REVISED CITY/TRIMET MEMORANDUM OF UNDERSTANDING (MOU)
o PUBLIC HEARING - RESOLUTION TO ADOPT AMENDED MASTER FEES FOR
LONG-RANGE PLANNING
o PUBLIC WORKS DEPARTMENT: MISSION/ VALUES EXERCISE RESULTS
o ADMINISTRATIVE COMMUNICATIONS
For further information, please contact City Recorder Cathy Wheatley by calling
503-639-4171, Ext. 2410 or e-mail cathxQci.tigard.or.us.
t
City Recorder
i Date
Post. Tigard City Hall
1 Tigard Permit Center
Tigard Water Building
Tigard Public Library
1:ladrnJczMyVr&"n0 nodcftVMm of 12.16-04 murO meetln0.dM
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City of Tigard, Oregon
Affidavit of Posting
CITY OF TIGARD
OREGON
In the Matter of the Proposed Ordinance(s)
Ord.
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
1, OA1-14 6 QWE Ik INE,4TLEX ,being first duly sworn (or affirmed), by
oath (or affirmation), depose and say:
That I posted in the folio ng public and conspicuous places, a copy of
Ordinance Number(s) . • I s , which were adopted at the
City Council meeting of I or a ' '04 . with a copy(s) of said Ordinance(s)
being hereto attached and by reference made a part hereof, on the
0) 6day of ASE-K 2005
1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon
2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon
ature of Person who nermed Posting
Subscribed and sworn (or affirmed) before me this 13 _ day of
Dc.fD be r , 20--as--57.
~c
OFFICIAL SEAL Signature of Notary Public for Oregon
GREER A GASTON
NOTARY PUBLIC-OREGON
COMMISSION NO. 373020
MY COMMISSION EXPIRES OCT. 10, 2007
\\TIG333\USR\DEPTStADOGREER\FORMSWFFIOAVITS\AFFIDAVIT OF POSTING - ORDINANCE.DOC
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City of Tigard, Oregon"
Affidavit, of Posting
CITY OF TIGARD
OREGON
In the Matter of the Proposed Ordinances 04-01 through 04-15
STATE OF OREGON ) D• os - J 5
County of Washington ) ss. ! a , • U
City of Tigard j
I, rc~ , being first duly sworn (or affirmed), by
oath (or affirmation), depose and say:
That I on December 15, 2005, I posted in the following public place, a copy of
Ordinance Numbers 04-01 through-0-4-45, which were adopted by the City
Council.
Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon
y
1 4 u 'I A)"
Signature of Person who Perfo d Posting
Subscribed and sworn (or affirmed) before me this day of
OFFKA&SEAL Ile,
R-L M B YAM
M YAR8
PUBUC-0REOON COMMMM W-NOTMY
Y COMMMION DAM JUNNEE 14 ~ Signature of Notary Public for Oregon
rumn~ee, ramswm.NS~mdsve a paaft - 04 a finances -O"I to 04-15 - aenTA mnter.dm
i CITY OF TIGARD, OREGON Option 1 '
ORDINANCE NO.2004
AN ORDINANCE ANNEXING 36.1 ACRES, APPROVING ARBOR SUMNUT ANNEXATION
AND OTHER ADJACENT PROPERTIES (ZCA2004-00001), AND WITHDRAWING PROPERTY
FROM THE TIGARD WATER DISTRICT, WASHINGTON COUN'T'Y ENHANCED SEM RII rs
PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT,
WASHINGTON COUNTY STREET LIGHTING DISTRICT #l, AND THE WASHINGTON
COUNTY VECTOR CONTROL DISTRICT, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Tigard is muthorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation
upon receiving consent in writing from a majority of the electors registered in the territory proposed to be
annexed and written consent from owners of more than half the land in the territory proposed to be
annexed; and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 271520 to withdraw properties
which eurzently he within the boundary of the Tigard Water District, the Washington County Enhanced
Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street
Lighting District #1, and the Washington County Vector Control District upon completion of the
annexation; and
WBUKRF.AS, the Tigard City Council held a public hearing on December 14, 2004 to consider the
won of eight (8) parcels of land consisting of 36.1 acres and withdrawal of said property from the
Tigard Water District, the Washington County Enhanced Sheriffs Patrol District; Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District; and
WHEREAS, pursuard to ORS 222.520(2) the City is liable to the Water District for certain debt
obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no
option regarding the assumption of debt needs to be made; and
VS1jHigFAS, pursuant to Metro 3.09, ORS 222.120 and 222524, notice was given and the City held a
public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the
Tigard Water District, the Washington County Enhance Sheriffs Patrol District, Washington County
Urban Roads Maintenance District; Washington County Street Lighting District #1, and the Washington
County Vector Control District on December 14,2004; and
pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from
i the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District; Washington County Street Lighting District #1, and the Washington
r County Vector Control District by Ordinance; and
i
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed
to the City zoning most closely conforming to the County zoning; and
WHEREAS, the current zoning district is R-7, an existing City zone that has been adopted by the
County and the zoning after annexation would remain R-7 so that no zone change is necessary; and
ORDINANCE NO.2004- I,- ZCA2004-00001 Arbor Summit A,nnexalior,
Paga I of 2
VV B S, the annexation has been processed in accordance with the requirements of Metro 3.09 and has
been reviewed for compliance with the Tigard Community Development Code and the Comprehensive
Plan and the man substantially addresses the standards in Metro 3.09 regulating annexations; and
VVEWMAS, the City Council has carefully considered the testimony at the public hearing and determined
that withdrawal of the annexed properties from the applicable service districts is in the. best interest of the
City of Tigard.
NOW, THEREFORE, THE CI'T'Y OF TIGARD ORDAINS AS FOLLOWS:
SECTION T: The Tigard City Council hereby annexes the parcels described in the attached Exhibit "A"
and shown in Fzhibit "B" and withdraws said parcels from the Tigard Water District; the
Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District.
SECTION 2: City staff is directed to take all necessary measures to implement the annexation, including
filing certified copies of the Ordinance with Metro for administrative processing, filing with
state and county agencies as required by law, and providing notice to utilities.
SECTION 3: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the
Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District shall be the effective date of this annexation.
SECTION 4: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the
Tigard Water District shall be July 1, 2005.
SECTION 5: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
SECTION 6: An emergency is declared as it is necessary to become effective for the peace, health and
safety of the City; therefore, this ordinance shall take effect immediately upon passage.
PASSED: By U 110 rf) rn ats vote of all Council members present after being read by number and
title only, this a 9'th day of -Der-e- rn be r 2004.
rL2
Cathy Wheatley, City Recorder
APPROVED: By Tigard City Council this day of '2004.
c
Craig en, Mayor
ved as to form:
Att DateT-
ORDINANCE NO. 2004-_)_$- ZCA2004-00001 Arbor Summit Atmomfion
Page 2 oft
EXHIBIT A
Agenda Item No. 8 -12/14/04
ANNEXATION DESCRIPTION Ordinance - Option 1 (revised)
A tract Pf land situated in the Section 9, Township 2 South Range I West Willamette
Meridian described as follows:
Beginning at the northwest corner of the subdivision plat of Arlington•Heights being on
the southerly right --of-way of SW Bull Mountain Road; thence N 01 ° 57' 48" E a
distance of 13.03 feet to the southerly right-of-way of SW Bull Mountain Road; thence S
88° 04'30- W, along said southerly right-of-way, a distance of 625.20 feet; thence S 01°
56'56" W a distance of 426.22 feet; thence S 88° 56' 17" E a distance of 212.83 feet;
thence S 02° 00' 00" W a distance of 274.12 feet; thence N 88° 49' 24" W a distance of
335.71 feet; thence S Ol ° 15' 49" W a distance of 475.19 feet; thence S 87° 59' 46" E a
distance of 303.50 feet; thence S 01 ° 15' 46" W a distance of 561.57 feet; thence S 87°
59'46" E a distance of 303.50 feet; thence S Oil 14'45" W a distance of 298.88 feet;
thence S 020 27' 42" W a distance of 250.09 feet; thence N 69° 39' 06" E a distance of
400.35 feet; thence S020 25' 39" W a distance 514.32 feet; thence S I P 57' 02" E a
distance of 371.23 feet to the northerly right-of-way of SW Beef Bend Road and a point.
on a curve to the left; thence along said curve to the left with a radius of 1967.00 feet, a
central angle of 1° 26' 18" (a chord which bears N 55° 57' 57" E, 49.38 feet) and a length
of 4938 feet; thence N 11° 57' 02" W a distance 317.08 feet; thence N 65° 00' 287'E a
distance of 322.47 feet; thence S 28° 38' 14" E a distance of 205.97 feet to the northerly
right-of-way of SW Beef Bend Road and a point on a curve to the left; thence along-said
light-of-way and said curve to the left with a radius of 967.00 feet, a central angle of..00°
04' 39" (a chord which bears N 40° 35' 14" E, 1.31 feet) and a length of 1.31 feet;
(henceN 40°323 54"E, saidn*&-of-Wily, a distance"o 206:72"feet; thence N 46° 22' - - - -
I T' W, leaving said right-of-way a distance of 32.27 feet; thence N 28° 16' 04" W a
distance of 132.02 feet; thence N 48° 34'22"E a distance of 120.17 feet; thence S 46°
22' 1'P' E a distance of 126.72 feet; thence N 76° 46' 51" E a distance of 29.53 to the
northerly right-of-way of SW Beef Bend Road and a point on a curve to the right; thence
along said right-of-way and said curve to the right with a radius of 4033.00 feet, a central
angle of 1'26'03" (a chord which bears N 44° 16'04" E, 101.15 feet) and a length of
101.15 feet; thence N 44° 59' 11" E, along said right-of-way, a distance of 32.80 feet;
thence leaving said right-of-.way N 46°22' 1 T' W a distance of 94.16 feet; thence N 01
43' 13" E. a distance of •231.86 feet; thence N 89° 41' 17" W a distance of 444.20 feet;
thence N 02° 02' 19" E a distance of 117.39 feet; thence N Ol ° 28' 06" E a distance of
173.36 feet; thence N 02° 14' 47'E a distance of 134.59 feet; thence N 00° 00' 56 W a
distance of'130.41 feet; thence N 010 54'35" E a distance of 389.30 feet, thence N Ol °
11' 42" E a distance of 276.26 feet; thence N 89° 41' S5" W 2.82 feet; thence N 01 ° 49'
33" E a distance of 8628 feet; thence S 88'49'24"E a distance of 92.48 feet; thence N
01° 56' 48" E a distance 721.21 feet to the point of beginning.
Containing 36.1acres.
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AGENDA ITEM # °Z
FOR AGENDA OF December 28.2004
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Annexation of properties with two options: (1) - Arbor Summit I & II and (2) Arbor
Summit I & II plus other adjacent propgrties
PREPARED BY: Mathew Scheidegger DEPT HEAD OK ITY MGR OK _
ISSUE BEFORE THE COUNCIL
Should the City Council approve one of the two proposed annexation options?
STAFF RECOMMENDATION
Staff recommends annexation of Arbor Summit I & 11 and other adjacent properties totaling 36.1 acres (Option #1).
INFORMATION SUMMARY
At the December 14, 2004 Council meeting, staff presented the Council with two options for annexation.
Option #1 was eight parcels made up of the Arbor Summit I and 11, Bella Vista, and a portion of the Summit
Ridge Subdivisions totaling 36.1 acres. The second option (Option #2) was annexing just the Arbor Summit I
and 11 subdivision properties equaling 8.9 acres. Several citizens of Bull Mountain testified at the hearing, one
of which requested that the record be held open in order for those citizen that could not be at the hearing a
chance to submit additional testimony for or against the requested annexation. Council agreed to keep the
record open for a period of seven days in order for citizens to submit additional written testimony. Therefore,
the record remains open until December 21, 2004, at which time the record closes. The applicant then has until
December 28, 2004 to rebut any new testimony.
A separate memo will be provided before the December 28, 2004 hearing that summarizes new testimony,
rebuttal and the modification of any findings if necessary. The applicant's rebuttal will be provided at the
meeting. Copies of the testimony submitted at the December 14th meeting are included as Attachment 44.
Option #1 `
Approve the annexation of eight (8) parcels of approximately 36.1 acres into the City of Tigard through the
double majority process.
Option #2
Approve the original annexation request of the two parcels of the Arbor Summit I and 11 Subdivisions.
OTHER ALTERNATIVES CONSIDERED
Deny the request.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Growth and 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
Attachment 1: Ordinance Option #I
Exhibit A: Legal Description
Exhibit B: Vicinity Map
Attachment 2: Ordinance Option #2
Exhibit A: Legal Description
Exhibit B: Vicinity Map
Attachment 3: Staff Report to the City Council
Attachment 4: December 14'' Testimony (Isador Morgavi, Julie Russell, Ken Henschel)
FISCAL NOTES
Application fees have been paid by the applicant.
Non 1
CITY OF TIGARD, OREGON
ORDINANCE NO. 2004-
AN ORDINANCE ANNEXING 36.1 ACRES, APPROVING ARBOR SUMMUT ANNEXATION
AND OTHER ADJACENT PROPERTIES (ZCA2004-00001), AND WITHDRAWING PROPERTY
FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S
PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT,
WASHINGTON COUNTY STREET LIGHTING DISTRICT #1, AND THE WASHINGTON
COUNTY VECTOR CONTROL DISTRICT.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation
upon receiving consent in writing from a majority of the electors registered in the territory proposed to be
annexed and written consent from owners of more than half the land in the territory proposed to be
annexed; and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties
which currently lie within the boundary of the Tigard Water District, the Washington County Enhanced
Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street
Lighting District #1, and the Washington County Vector Control District upon completion of the
annexation; and
WHEREAS, the Tigard City Council held a public hearing on December 14, 2004 to consider the
annexation of eight (8) parcels of land consisting of 36.1 acres and withdrawal of said property from the
Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District; and
WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt
obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no
option regarding the assumption of debt needs to be made; and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a
public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the
Tigard District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District on December 14, 2004; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from
the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District by Ordinance; and
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed
to the City zoning most closely conforming to the County zoning; and
WHEREAS, the current zoning district is R-7, an existing City zone that has been adopted by the
County and the zoning after annexation would remain R-7 so that no zone change is necessary; and
ORDINANCE NO.2004- ZCA2004-00001 Arbor Summit Annexation
Page •1 of 2
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has
been reviewed for compliance with the Tigard Community Development Code and the Comprehensive
Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and
WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined
that withdrawal of the annexed properties from the applicable service districts is in the best interest of the
City of Tigard.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the parcels described in the attached Exhibit "A"
and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, the
Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District.
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.
SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including
filing certified copies of the Ordinance with Metro for administrative processing, filing with
state and county agencies as required by law, and providing notice to utilities.
SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the
Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District shall be the effective date of this annexation.
SECTION 5: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the
Tigard Water District shall be July 1, 2005.
SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
PASSED: By vote of all Council members present after being read by number and
title only, this day of , 2004.
Cathy Wheatley, City Recorder
APPROVED: By Tigard City Council this day of , 2004.
Craig Dirksen, Mayor
Approved as to form:
City Attorney Date
ORDINANCE N0.2004- ZCA2004-00001 Arbor Summit Annexation
Page 2 of 2
O 'on 2
CITY OF TIGARD, OREGON
ORDINANCE NO. 2004-
AN ORDINANCE ANNEXING 8.9 ACRES, APPROVING ARBOR SUMMIT ANNEXATION
(ZCA200400001), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER
DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,
WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON
COUNTY STREET LIGHTING DISTRICT #1, AND THE WASHINGTON COUNTY VECTOR
CONTROL DISTRICT.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation
upon receiving consent in writing from a majority of the electors registered in the territory proposed to be
annexed and written consent from owners of more than half the land in the territory proposed to be
annexed; and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties
which currently lie within the boundary of the Tigard Water District, the Washington County Enhanced
Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street
Lighting District #1, and the Washington County Vector Control District upon completion of the
annexation; and
WHEREAS, the Tigard City Council held a public hearing on December 14, 2004 to consider the
annexation of two (2) parcels of land consisting of 8.9 acres and withdrawal of said property from the
Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District; and
WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt
obligations, however, in this instance the Water District has ro debt for the City to assume, therefore, no
option regarding the assumption of debt needs to be made; and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a
public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the
Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District on December 14, 2004; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from
the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District by Ordinance; and
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed
to the City zoning most closely conforming to the County zoning; and
WHEREAS, the current zoning district is R-7, an existing City zone that has been adopted by the
County and the zoning after annexation would remain R-7 so that no zone change is necessary; and
ORDINANCE NO.2004_ ZCA2004-00001 Arbor Summit Annexation
Page-1 of 2
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has
been reviewed for compliance with the Tigard Community Development Code and the Comprehensive
Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and
WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined
that withdrawal of the annexed properties from the applicable service districts is in the best interest of the
City of Tigard.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the parcels described in the attached Exhibit "A"
and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, the
Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District.
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.
SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including
filing certified copies of the Ordinance with Metro for administrative processing, filing with
state and county agencies as required by law, and providing notice to utilities.
SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the
Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District shall be the effective date of this annexation.
SECTION 5: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the
Tigard Water District shall be July 1, 2005.
SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
PASSED: By vote of all Council members present after being read by number and
title only, this day of , 2004.
Cathy Wheatley, City Recorder
APPROVED: By Tigard City Council this day of , 2004.
Craig Dirksen, Mayor
Approved as to form:
City Attomey Date
ORDINANCE NO. 2004- ZCA2004-00001 Arbor Summit Annexation
Page 2 of 2
EXHIBIT A
L 20085 NW Tanasboume Drive
(D:C Hillsboro, OR 97124
F 503.858.4242
F 503.645.5500
DESIGN GROUP, INC www.ldcdeslgn.com
LEGAL DESCRIPTION FOR ANNEXATION
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 9, T. 2 S., R. 1 W., W.M, WASHINGTON
COUNTY, OREGON MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Bl'3ODWWG AT THE NORTHWEST CORNER OF LOT 21, "ARLINGTON HEIGHTS", THENCE N88°53'33"W,
318.93 FEET ALONG THE NORTH LINE OF THE TRACT OF LAND TO WILLIS DESCRIBED IN DOCUMENT NO.
99114503 OF THE DEED RECORDS OF SAID COUNTY TO THE SOUTHEAST CORNER OF THE TRACT OF
LAND TO 77GARD-TUAI ATIN SCHOOL DISTRICT 231 DESCRIBED IN DOCUMENT NO. 96098726 OF SAID
RECORDS; THENCE ALONG THE EAST BOUNDARY OF SAID TRACT, N02000'00"E, 275.00 FEET; THRICE
N88056117'W, 212.83 FEET; THENCE N01°56'S6"E, 42622 FEET TO A POINT ON THE SOUTH RIGHT OF WAY
LUM OF S.W. BULL MOUNTAIN ROAD; THENCE N88004'30"E, 62520 FEET ALONG SAID SOUTH RIGHT OF
WAY LDM TO THE NORTHWEST CORNER OF SAID PLAT OF "ARLINGTON HEIGHTS; THENCE ALONG THE
WEST BOUNDARY OF SAID PLAT, S01056148"W, 73424 FEET; THENCE N88949'24"W, 9236 FEET TO THE
POINT OF BEGINNING.
CONTAINING 8.9 ACRES
nnrnimann.1/12!2004
EXHIBIT B
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MAY 12, 2004 DESCRIPTION SKETCH'
LDC JOB #3091 PROPERTY
:C, A PORTION OF THE NORTHEAST 114 OF SECTION 9,
CL
T. 2 S., R. 1 W., W.M., WASHINGTON COUNTY, OREGON
PREPARED FOR:
DESIGN GROUP WEST HILLS DEV. CO.
Agenda Item:
Hearing Date: December 14.2004 7:30 PM
STAFF REPORT TO THE
CITY COUNCIL
FOR THE CITY OF TIGARD, OREGON con tt nivC* inlamw
oe-4-t
S ABctrcrconnrsssm
SECTION 1. APPLICATION SUMMARY
FILE NAME: ARBOR SUMMIT ANNEXATION
CASE NO.: Zone Change Annexation (ZCA) ZCA2004-00001
APPLICANT: West Hills Development OWNER: Numerous Owners.
15500 SW Jay Street List is available upon
Beaverton, OR 97006 request.
PROPOSAL: West Hills Development applied for approval to subdivide property on
Bull Mountain Road, known as Arbor Summit I and II. The
subdivision's approval included a condition of approval requiring
annexation. West Hills applied for annexation of two parcels (Arbor
Summit I and II) equaling 8.9 acres.
According to ORS 222.170, the City may include any contiguous
property to the land proposed to be annexed if a majority of the
owners of more than one half of the land in that territory consent in
writing to the annexation. The Bella Vista Subdivision (SUB2002-
00007) submitted a consent for annexation of 9.29 acres of land for
which they received subdivision approval. Combined, Arbor Summit
and Bella Vista total 18.19 acres.
Summit Ridge, a subdivision approved in 2004 lies between Arbor
Summit and Bella Vista. Summit Ridge was required to annex at the
time of final plat approval. Summit Ridge is contiguous to both Arbor
Summit and Bella Vista. With the double majority process allowed by
ORS 222.170, additional property can be added to the Arbor Summit
and Bella Vista Subdivisions. Staff suggests adding 17.91 acres of
parcels from the Summit Ridge Subdivision. Since there are no
electors involved, the additional Summit Ridge land can be added
under the double majority process. Adding Bella Vista and Summit
Ridge to the annexation creates a more complete annexation.
Staff has presented the Council with two options for annexation. One
is for Arbor Summit I and II. The other, as recommended by staff,
includes the Bella Vista and a portion of the Summit Ridge
Subdivision, along with Arbor Summit I & 11.
STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 6
ZCA2004-00001 -ARBOR SUMMIT ANNEXATION 12/14/2004PUBLICHEARING
CURRENT
ZONING
DESIGNATION: R-7, Medium Density Residential.
EQUIVALENT CITY
ZONING
DESIGNATION: R-7, Medium Density Residential. The R-7 zoning district is designed to
accommodate attached single-family homes, detached single-family
homes with or without accessory residential units, at a minimum lot size
of 5,000 square feet, and duplexes, at a minimum lot size of 10,000
square feet. Mobile home parks and subdivisions are also permitted
outright. Some civic and institutional uses are also permitted
conditionally.
LOCATION: WCTM 2S109AD Tax Lots 01400 and 01500. (Arbor Summit)
WCTM 2S109DA Tax Lot 02200. (Summit Ridge)
WCTM 2S109DD Tax Lots 00100, 00102, 00300, 00306 and
07000. (Bella Vista)
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.320 and 18.390;
Comprehensive Plan Policies 2 and 10; Metro Code Chapter 3.09; and
ORS Chapter 222.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Council find that the proposed annexation will not adversely
affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL
of the Annexation by adoption of the attached Ordinance (OPTION 1).
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
West Hills Development applied or approval to subdivide property on Bull Mountain Road,
known as Arbor Summit I and 11. A condition of approval required annexation as a result.
West Hills applied for annexation of Two parcels (Arbor Summit I and II) equaling 8.9
L acres. According to ORS 222.170, the City may include any contiguous property to the
r land proposed to be annexed if a majority o the owners of more than one half of the land
in that territory consent in writing to the annexation. The Bella Vista Subdivision
(SUB2002-00007) submitted a consent for annexation of 9.29 acres of land for which they
received subdivision approval. Combined, Arbor Summit and Bella Vista total 18.19
acres.
i Summit Ridge, a subdivision approved in 2004 lies between Arbor Summit and Bella
Vista. Summit Ridge was required to annex at the time of final plat approval. Summit
Ridge is contiguous to both Arbor Summit and Bella Vista. With the double majority
process allowed by ORS 222.170, additional property can be added to the Arbor Summit
and Bella Vista Subdivisions. Staff suggests adding 17.91 acres of parcels from the
Summit Ridge Subdivision. Since there are no electors involved, the additional Summit
Ridge land can be added under the double majority process. Adding Bella Vista and
Summit Ridge to the annexation creates a more complete annexation.
STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 6
ZCA2004-00001 -ARBOR SUMMIT ANNEXATION 12114/2004PUBLIC HEARING
Staff has presented the Council with two options. One is for only Arbor Summit I and II.
The other as recommended by staff includes the Bella Vista and a portion of the Summit
Ridge Subdivision.
Option #1
Approve the annexation of eight (8) parcels of approximately 36.1 acres into the City of
Tigard through the double majority process.
Option #2
Approve the original annexation request of two parcels of approximately 8.9 acres better
known as the Arbor Summit 1 and 11 Subdivisions.
Vicinitv Information:
The ubje parcels are located south of SW Bull Mountain Road and north of SW Beef
Bend Road.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
The relevant criteria in this case are Tigard Comprehensive an Policies 2.1.1, 10.1.1,
10.1.2, and; Tigard Community Development Code Chapter 18.320.
Staff has determined that the proposal is consistent with the relevant policies of the
Comprehensive Plan based on the following findings:
Comprehensive Plan
o icy The ify shall maintain an ongoing citizen involvement program an shall
assure that citizens will be provided an opportunity to be involved in all phases of the
planning process.
This Policy requires an ongoing citizen involvement program. Interested parties and
surrounding property owners within 500 feet have been notified of the public hearing and
notice of the hearing has been published in a newspaper of general circulation. The site has
been posted since November 02, 2004, and the hearing was announced at the December
Focus on Tigard Television Show. There have been a number of opportunities for citizens
to be involved in the decision making process.
Policy. 10.1.1: The City shall review each of the following services as to adequate
capacity, or such services to be made available, to serve the parcel if developed to the
most intense use allowed, and will not significantly reduce the level of services
available to developed and undeveloped land within the City of Tigard. The services
are: water, sewer, drainage, streets, police, and fire protection.
This Policy requires adequate service capacity delivery to annexed parcels. The City of
Tigard Po ice, Engineering and Water Departments, NW Natural Gas, Tualatin Valley Fire
and Rescue, have all reviewed the annexation request and have offered no objections. The
subject parcels are part of three separate subdivisions. Services to the subject parcels have
been addressed and conditioned within the reviews of the Arbor Summit, Summit Ridge and
the Bella Vista Subdivision approvals. This policy has been complied with.
If required by an adopted capital improvements program ordinance, the applicant
shall sign and record with Washington County a nonremonstrance agreement
regarding the following: The formation of a local improvement district (L.I.D.) for any
of the following services that could be provided through such a district. The
extension or improvement of the following: water, sewer, drainage and streets. The
formation of a special district for any of the above services or the inclusion of the
property into a special service district for any of the above services.
No L.I.D's were required with the subject parcels, subdivision approvals. All services listed
above have been conditioned to be constructed.
STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 6
ZCA2004-00001 -ARBOR SUMMIT ANNEXATION 12/14/2004PUBLIC HEARING
The City shall provide urban services to areas within the Tigard urban planning area
or with the urban growth boundary upon annexation.
The City of Tigard has an urban services agreement with Washington County for those
areas within the City's urban growth boundary. This policy has been complied with.
Policy 10.1.2• approval of proposed annexations of land by the city shall be based on
findings with respect to the following: the annexation eliminates an existing ".pocket"
or "island" of unincorporated territory; or the annexation will not create an irregular
boundary that makes it difficult for the police in an emergency situation to determine
whether the parcel is within or outside the city; the police department has commented
upon the annexation; the land is located within the Tigard urban planning area and is
contiguous to the city boundary; the annexation can be accommodated by the
services listed in 10.1.1(a).
This Policy pertains to boundary criteria for annexations. The property is adjacent to the
Tigard City limits and does not create pockets or islands as shown on the annexation map
included in this application. The City of Tigard Police Department has been notified of the
annexation and has not provided any objection to it. Services to the subject property are
addressed above.
Community Development Code
Section is Section addresses approval standards for annexation
proposals:
All services and facilities are available to the area and have sufficient capacity to
provide service for the proposed annexation area;
Adequate service (water, sewer, drainage, streets, police, and fire protection) capacity is
available to serve the annexed parcel.. The City of Tigard Police, Engineering and Water
Departments, NW Natural Gas, Tualatin Valley Fire and Rescue, have all reviewed the
annexation request and have offered no objections. Additionally, the adequacy and
availability of services was reviewed as part of the Arbor Summit, Summit Ridge and Bella
Vista subdivision approvals. Therefore, this policy is satisfied.
The applicable comprehensive plan policies and implementing ordinance provisions
have been satisfied.
Applicable Comprehensive Plan policies have been addressed above. Ordinance provisions
were addressedduring the individual reviews of the Arbor Summit, Summit Ridge and Bella
Vista subdivisions. This standard has been met.
Assi nment of comprehensive Ian and zoning desi nations. The comprehensive
pan designation an the zoning designation placed on a property shall be the City's
zoning district which most closely implements the City's or County's comprehensive
? plan map designation. The assignment of these designations shall occur
automatically and concurrently with the annexation. In the case of land which carries
County designations, the City shall convert the County's comprehensive plan map
i and zoning designations to the City designations which are the most similar. A zone
change is required if the applicant requests a comprehensive plan map and/or/zoningg
map designation other than the existing designations. (See Chapter 18.380). A
request for a zone change can be processed concurrently with an annexation
application or after the annexation has been approved.
The subject property is in the Urban Service Area and is zoned R-7 medium density
residential. The R-7 zoning designation is consistent with the original Washington County's
R-6 zoning designation as shown in the table below. The City's zoning was adopted by the
County with the City's R-7 zoning district. Therefore, the property does not need to be
rezoned upon annexation. According to Section 18.320.020.C, the City's Comprehensive
plan and zoning designations occur automatically and concurrently with the annexation.
STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 6
ZCA2004-00001 -ARBOR SUMMIT ANNEXATION 12/14/2004PUBLIC HEARING
Conversion table. Table 320.1 summarizes the conversion of the County's plan and
zoning designations to City designations which are most similar.
TABLE 320.1
('0NVERS10N'I: BIB: F011('0I"N"IA AND C ITI PLAN AND ZONING W.SIGNA'FIONS
«ushington ('crunt% I.and 1 +e Cit% of 7'igurd 'Lorin{( Cih of Tigard
mstrimn'lan Designatitm Plan Designation
K-5 Res. 5 unitslaere K-4 5 SIR 7,500 sy. lt. Lul\ Jenson 1-5 units as
R-h Res. 1i tmit::arre R-7 tin K 5,000 sq. It. Nled densit.\ 6-12 unit: acre
R•ll Res. 14 units'acre 14-12 \111111-liunil. 12 units acre NIeJ JcnsO% 6-I: ten its acre
R•i2 Res. 12 unas,acre I4-12 .16Iu111-lanlih 12 onus acre NICd Jcnsrt.\ (1-12 unit: acre
R-15 Kes. 15 11111ts'acre R-25 Multi-lanli)\ units aclr C\IeJnun-I Ili h Jenson I
nnlls aciv
K•24 Res. 24 units acres K-25 Multi-I:unil~ 25 units ucre ~1eJnuu•I Ilph Jrnsm 1>•_':
units aem
( lttlce commercial C-I' C(Illlrllercull I'wiesslonal ("I' ( iminlercnll 1'rule,-;wnal
N(' \eighhurhuuJ Ctimtnerckll CN Neightxirhol+J ('lannlerelal \eit hhtdwtoJ ('ialuuercial
('141)ctimmercial Business ('131) ('anunercial tlusiness (Til)l"nnltile) cia113usiness
District I)IStriel District
(C (general Cminiercial ('t i ( icneral ('unlmercial C(i ( icncral U m merclal
IND Industrial W. LiLht Industrial Light 111Jltstrial■
Metro
19te6ro 3.09 requires the additional standards to be addressed in annexation decisions,
in addition to the local and state review standards. These are addressed and satisfied
as discussed below:
Consistency with the directly applicable provisions in an urban service provider
agreement or annexation plan adopted pursuant to ORS 195.065;
The processing has been done consistent with applicable Urban Service Provider
agreements.
Consistency with directly applicable provisions of urban planning or other agreement,
other than agreements adopted pursuant to ORS 195.065, between the affected entity
and a necessary party;
The process required by the Development Code and Comprehensive Plan is consistent with
the Urban Planning Agreement for annexations.
Consistency with specific directly applicable standards or criteria for boundary
changes contained in comprehensive land use plans and public facility plans;
This has been discussed previously in this report and, as discussed, this criterion is satisfied.
STAFF REPORT TO THE CITY COUNCIL PAGE 5 OF 6
ZCA2004-00001 -ARBOR SUMMIT ANNEXATION 12/1412004PUBLIC HEARING
Consistency with specific directly applicable standards or criteria for boundary
changes contained in the Regional Framework Plan or any functional plans;
Because the Development Code has been amended to comply with applicable Metro
functional plan requirements, by complying with the Development Code and Comprehensive
Plan, the annexation is consistent with the applicable Functional Plan and the Regional
Framework plan.
Whether the, proposed changes will promote or not interfere with the timely, orderly
and economic provisions of public facilities and services;
The proposed annexation will not interfere with the provision of public facilities or services
because it is adjacent to existing city limits and services. Many services have been
extended to the subject parcels as a result of earlier development.
If the proposed boundary change is for annexation of territory to Metro, a
determination by Metro Council that the territory should be included in the Urban
Growth Boundary shall be the primary criterion for approval;
The subject property is already within the Metro boundaries.
Consistency with other applicable criteria for the boundary change in question under
state and local law.
Consistency with other applicable criteria has been discussed previously in this report.
SECTION V. OTHER STAFF COMMENTS
The City of Tigard Engineering, Building, Police Department, Tualatin Valley Fire and
Rescue, Public Works, and Water Department have all reviewed this proposal and have
offered no objections to annexation.
SECTION VI. AGENCY COMMENTS
NW Natural Gas, Tri-Met Transit Development, Metro Land Use & Planning and Washington
County have had the opportunity to review the proposal and have offered no objections.
BASED ON THE FINDINGS INDICATED ABOVE, PLANNING STAFF RECOMMENDS
APPROVAL OF ZONE CHANGE ANNEXATION (ZCA) 2004-00001 - ARBOR SUMMIT
ANNEXATION (OPTION 1).
i
i December 2 2004
at ew SAqjdegger DATE
Associate Planner
December 2 2004
D BY. Rich ar ew o
Planning Manager
STAFF REPORT TO THE CITY COUNCIL PAGE 6 OF 6
ZCA20044=1 -ARBOR SUMMIT ANNEXATION 12114/2004PUBLIC HEARING
i
i
ATTACHMENT 4
Entered into the Record on • I`-( ,p ~
Isador W. Morgavi By. C) 0)0rgT_,
15145 SW 119' Ave. Agenda Item#-b- Exhibit ~
Tigard, OR 97224
I realize the need for breverity and have endeavored to be as concise as
possible. However I was unable to learn beforehand how much time
would be allowed and was therefore unable to time this presentation so I
solicit your indulgence.
After 9 out of 10 Bull Mountain residents recently declined your invitation to come
into the city, you Mr. Mayor, council members and officials from Metro and the
county made remarks that indicated that there might be something on the horizon;
something that would provide an opportunity to dispel the general atmosphere of
acrimony and distrust that had developed.
There seemed to be a mutual desire to find a way to bring about a dialogue that
would eventually allow everyone to achieve some, if not all of their aspirations. This
new beginning was view skeptically by some and hopefully by the many who would
like to see and end to hostilities.
Many will be disappointed by the annexation under consideration and will see it as a
reaflirmation of the prior hard line that fostered the conflicts of the past. I feel
certain that there are those in Metro and the county who will be dismayed at the
apparent arbitrary "Damn the torpedoes" flavor of this action and the increased
difficulty it will create for everyone to address our problems in a forthright and civil
Page I of 4
manner that has full citizen involvement. It will most certainly bring the matter to the
Land Use Board of Appeals.
Aside from the foregoing; there are other reasons to alter course.
Staff proposal is flawed by concluding that the 9.29 acres of property south of the
17.94 acres in Summit Ridge (tax lot 2S 109DA-02200) is properly included in the
total area for calculating the percent of effected property ownership. This area is
neither adjacent to nor contiguous to Tigard. Documentation received did not
include owner consent for these 17.94 acres be annexed. 't'herefore the total area to
use for determination of the double majority approval is 27.23 acres and the 8.9
acres of Arbor Heights I & II is less than the 50% required by ORS 222.170.2.
All property in this matter is owned by developers and their consent to annexation
was obtained early this year as a condition for their obtaining required permits. The
legality of this practice is questionable; it is certainly not in keeping with the spirit of
preserving the rights of residents to have a voice in their affairs. The developers will
agree to anything, complete their development and then leave the community to
suffer the lose of the rights that were prostituted by the developer and the city.
I believe the legislature recognized this in drafting ORS 222.170.2 that requires "The
legislative body of the city need not calkor hold an election in any contiguous
territory proposed to be annexed if a majority of the electors registered in the
i
territory proposed to be annexed consent in writing to annexation and the owners of
more than half of the land in that territory consent in writing to the annexation of
their land and those owners and electors file a statement of their consent
Page 2 of 4
No "elector registered in the territory" has consented to this proposed annexation.
Neither Riverside Homes nor West Hills Development is on the voter registration
rolls.
This practice of "pre-consent" borders on blackmail and I ask that you provide me
with your authority to do so. The Public Facilities and Service Assessment For Bull
Mountain states in its recommendations 1 and 2 that the Urban Planning Area
Agreement must be amended to allow this practice but such amendment has not
been done.
The recommendations of the Executive Summary of the White Paper of die Bull
Mountain Annexation Planning Subcommittee (approved on June 22, 2004) states,
in part
a) Update the comprehensive Plan as soon as possible.
b) Pursue a Public Facility Strategy /moratorium or other measures to slow or
stop growth until the comprehensive Plan is updated.
None of this has been done.
The proposed annexation is highly irregular and though this per se is not prohibited,
it must be reasonable. In Portland General Electric v Estacada the Oregon Supreme
Court held that "It would be absurd to think that the legislature intended that a city
i
would have carte blanche authority to reach out it's tentacles like an octopus and
envelope property which in no wise was beneficial to the city or to the annexed
property. If this were not so, there would be nothing to prevent cities from attaching
to territories far removed from the city environs by a narrow strip as long as the
Page 3 of 4
property was contiguous"
It further declared, " ...the annexation at issue was unreasonable principally because
it was employed for the sole purpose of enhancing the revenue of the city...".
Aside for the revenue, it has not been shown that there is a need that this property
be annexed, nor has there will be any benefit to the property owners; both of these
are statutory requirements.
Since Tang City forms the southern edge of Tigard's Urban Growth Boundary, the
proposed annexation would effectively create 2 small islands at the south end of
the area under consideration and a very large one to the east.
Please keep the public record open for at 15 business days.
Thank you.
Page 4 of 4
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Submitted by Julie Russell
at the 12/14/04 Council Public Hearing
We are fast approaching the end of a year that has been difficult for both
Tigard and the Bull Mountain Community. We have all expended
precious time and significant resources in an effort to accomplish what
we each believed was best for our respective communities. It is
unfortunate that as this year draws to a close, an atmosphere of tension
lingers.
At this time of the year when peace on earth is a traditional theme,
perhaps it's time to seek new ways to accomplish common goals.
Perhaps it is a time to work to minimize conflict and think about how to
foster a spirit of cooperation.
No doubt, we don't all share exactly the same vision for Tigard and Bull
Mountain. Yet, as reasonable adults there is no reason we cannot work
together toward finding mutually beneficial long-term solutions to the
annexation issue.
We recognize Tigard's need for growth and the necessity to realize the
maximum revenue from all sources. This provides the best financial base
for the larger community. As well, we're confident that Tigard
recognizes our commitment to maintaining a stable, livable community
for the residents of Bull Mountain. These are not mutually exclusive
objectives.
We recognize that the city of Tigard inherited some unfortunate land use
decisions that were made years ago. We recognize that the solutions to
these problems will require cooperation and assistance from other
jurisdictions, but this will take time and effort. However, a more positive
outcome is all but guaranteed if trust is first built and a spirit of
cooperation is fostered... Imagine the possibilities.
A gesture in the right direction would begin with your delay on the
piece-meal annexation proposed this evening; an annexation which
offers no benefit to the residents of Bull Mountain; an annexation that
only fuels the fire of bad will. The council was surprised recently at the
ease in annexing Alpine View. The reason... it was seen by the residents
as a logical and efficient completion of the Tigard community, in stark
contrast to the annexation proposed this evening.
We ask this evening that the council help us to help each other. The
council has the opportunity this evening to take the first step. It will cost
little to delay this annexation and will buy much in helping to create an
environment where we can possibly work together in addressing the
future of Bull Mountain as a whole community.
Thank you for your time and consideration. We wish you a Merry
Christmas and Happy Holiday Season.
Submitted by Ken Henschel
at the 12/14/04 Council Public Hearing
The election is over now, and the votes have been tabulated. On unincorporated Bull Mountain,
89% of the voters decided, for whatever reasons, that they don't want to be a part of Tigard at
this time.
Yet, here we are again, talking about annexations on Bull Mountain.
I think that it's time for some very basic choices to be made. And you, Mayor Dirkson and
Councilors, sit in the driver's seats, as you have the opportunity to choose the path for the future
that makes the most sense for the community. I think that we can all agree on one thing ...that
the last 18 months have been no fun for any of us. People and events have seemed to spiral out
of control, and tempers have flared on both sides of the table.
But you folks on the City Council have two very clear paths that you can take.
Path #1: You can continue the rhetoric in the press, that no matter what the residents want, you
are going to gobble them up a bite at a time if necessary. You can continue proceedings like this
one, annexing whatever you can, whenever you can. The consequences of these actions are
inevitable. Not only will you further infuriate the 89% who voted against Tigard annexation,
and invite more LUBA appeals, but you will begin the process of also angering the 110/10, of the
voters who voted for annexation. If your goal is to anger 100% of unincorporated Bull
Mountain, it seems that Path #1 is the way to go.
Path #2: Instead of watching your meager 11 % support dwindle away to nothing, you can work
to instead increase that 11% support. This can be done most effectively by the following actions:
First, stop rubbing salt in our wounds by these continued annexation attempts. There is no
annexation so urgent that it can't wait for awhile. What's the big rush? Allow for a substantial
cooling-off period. What will that hurt?
Next, begin really listening to the community. I don't think that you really understand the needs
of the Bull Mountain residents. Get to know us. We don't bite (unless we're pushed too hard).
Then, change your mindset. Resolve that you're no longer going to force Bull Mountain into
your city. Instead, resolve to create an environment that is so enticing that Bull Mountain
residents want to be a part of Tigard. Wouldn't you rather we came to you asking you to be part
of Tigard instead of fighting to stay out of Tigard?
These are your basic two choices. The residents of Bull Mountain are watching. Washington
County is watching. Metro is watching. Other Cities in the area are watching. Everybody's
watching.
Please, be leaders. Choose wisely which path you take, starting tonight. Because the path that
you choose tonight will either pour more gasoline on the fire, or it will extend a much-needed
olive branch.
Councilors... Mayor... Everybody's watching. Your call.
Agenda kern:
Hearing Date: December 28, 2004 7:30 PM
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SECTION I. APPLICATION SUMMARY
FILE NAME: ARBOR SUMMIT ANNEXATION
CASE NO.: Zone Change Annexation (ZCA) ZCA2004-00001
APPLICANT: West Hills Development OWNER: Numerous Owners.
15500 SW Jay Street List is available upon
Beaverton, OR 97006 request.
PROPOSAL: West Hills Development applied for approval to subdivide property on
Bull Mountain Road, known as Arbor Summit I and II. The
subdivision's approval included a condition of approval requiring
annexation. West Hills applied for annexation of two parcels (Arbor
Summit I and II) equaling 8.9 acres.
According to ORS 222.170, the City may include any contiguous
property to the land proposed to be annexed if a majority of the
owners of more than one half of the land in that territory consent in
writing to the annexation. The Bella Vista Subdivision (SUB2002-
00007) submitted a consent for annexation of 9.29 acres of land for
which they received subdivision approval. Combined, Arbor Summit
and Bella Vista total 18.19 acres.
Summit Ridge, a subdivision approved in 2004 lies between Arbor
Summit and Bella Vista. Summit Ridge was required to annex at the
time of final plat approval. Summit Ridge is contiguous to both Arbor
Summit and Bella Vista. With the double majority process allowed by
ORS 222.170, additional property can be added to the Arbor Summit
-and Bella Vista Subdivisions. Staff suggests adding 17.91 acres of
parcels from the Summit Ridge Subdivision. Since there are no
electors involved, the additional Summit Ridge land can be added
under the double majority process. Adding Bella Vista and Summit
Ridge to the annexation creates a more complete annexation.
Staff has presented the Council with two options for annexation. One
is for Arbor Summit I and 11. The other, as recommended by staff,
includes the Bella Vista and a portion of the Summit Ridge
Subdivision, along with Arbor Summit I & II.
FINDINGS OF THE CITY COUNCIL PAGE 1 OF 6
~ ^wmn&nnM1 .AMU? SI IIIANAITANNRYATMN -4onornnnA Z31 101'1n UCAauin
CURRENT
ZONING
DESIGNATION: R-7, Medium Density Residential.
EQUIVALENT CITY
ZONING
DESIGNATION: R-7, Medium Density Residential. The R-7 zoning district is designed to
accommodate attached single-family homes, detached single-family
homes with or without accessory residential units, at a minimum.lot size
of 5,000 square feet, and duplexes, at a minimum lot size-of 10.000
square feet. Mobile home parks and subdivisions are also permitted
outright. Some civic and institutional uses are also permitted
conditionally.
LOCATION: WCTM 2S109AD Tax Lots 01400 and 01500. (Arbor Summit)
WCTM 2S109DA Tax Lot 02200. (Summit Ridge)
WCTM 2S109DD Tax Lots 00100, 00102, 00300, 00306 and
07000. (Bella Vista)
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.320 and 18.390;
Comprehensive Plan Policies 2 and 10; Metro Code Chapter 3.09; and
ORS Chapter 222.
SECTION II. STAFF RECOMMENDATION
posed annexation will not
Staff recommended that the Council find that the Fro
adversely affect the health, safety and welfare othe City. Therefore, staff
recommended APPROVAL of the Annexation by adoption of the proposed
Ordinance. _
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
West Hills Development app ie or approval to subdivide property' on Bull Mountain Road,
known as Arbor Summit I and 11. A condition of approval required annexation as a result.
West Hills applied for annexation of Two parcels (Arbor Summit I and II) equaling 8.9
acres. According to ORS 222.170, the City may include any contiguous property to the
land proposed to be annexed if a majority of the owners of more than one half of the land
in that territory consent in writing to the annexation. The Bella Vista Subdivision
(SUB2002-00007) submitted a consent for annexation of 9.29 acres of land for which they
received subdivision approval. Combined, Arbor Summit and Bella Vista total 18.19
acres.
Summit Ridge, a subdivision approved in 2004. lies between Arbor Summit and Bella
Vista. Summit Ridge was required to annex at the time of final plat approval. Summit
Ridge is contiguous to both Arbor Summit and Bella Vista. With the double majority
process allowed by ORS 222.170, additional property can be added to the Arbor Summit
and Bella Vista Subdivisions. Staff suggests addin 17.91 acres of parcels from the
Summit Ridge Subdivision. Since there are no electg ors involved, the additional Summit
Ridge land can be added under the double majority process. Adding Bella Vista and
Summit Ridge to the annexation creates a more complete annexation.
FINDINGS OF THE CITY COUNCIL PAGE 2 OF 6
ZCA2004-00001 -ARBOR SUMMIT ANNEXATION 12/28/2004 PUBLIC HEARING
The considered two options:
O lion #1
Approve the annexation of eight (8) parcels of approximately 36.1 acres into the City of
Tigard through the double majority process.
Option #2
Approve the original annexation request of two parcels of approximately 8.9 acres better
known as the Arbor Summit I and 11 Subdivisions.
The Council approved Option #1.
Vicini Information:
The subject parcels are located south of SW Bull Mountain Road and north of SW Beef
Bend Road.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
The relevant criteria in is case are Tigard Comprehensive an Po icies 2.1.1, 10.1.1,
10.1.2, and; Tigard Community Development Code Chapter 18.320.
The Council has determined that the proposal is consistent with the relevant policies of the
Comprehensive Plan based on the following findings:
Comprehensive Plan
o isy
This Policy requires an ongoing citizen involvement program. Interested parties and
surrounding property owners within 500 feet have been notified of the public hearing and
notice of the hearing has been published in a newspaper of general circulation. The site has
been posted since November 02, 2004, and the hearing was announced at the December
Focus on Tigard Television Show. There have been a number of opportunities for citizens
to be involved in the decision making process. At the hearing a request was made and
granted to keep the record open for additional written submission. No additional evidence
was submitted. Based upon this process the Council determines that Policy 2.1.1 has been
complied with.
Policy 10.1.1:
This Policy requires adequate service capacity delivery to annexed parcels. The City of
Tigard Police, Engineering and Water Departments, NW Natural Gas, Tualatin Valley Fire
and Rescue, have all reviewed the annexation request and have offered no objections. Staff
has also provided expert opinion that adequate capacity exists to service the annexed areas.
This policy has been complied with.
Poliicy 10.1.2:
This Policy pertains to boundary criteria for annexations. The property is adjacent to the
Tigard City limits and therefore satisfied the requirements of the~Policy.
The Council has determined that the proposal is consistent with the relevant portions of the
Community Development Code based on the following findings:
Communi Development Code
Section ~$20.U is ection addresses approval standards for annexation
proposals:
All services and facilities are available to the area and have sufficient capacity to
provide service for the proposed annexation area;
FINDINGS OF THE CITY COUNCIL PAGE 3 OF 6
ZCA2004-00001 -ARBOR SUMMIT ANNEXATION 12/2012004 PUBLIC HEARING
Adeq
able uate service /water, sewer, drainage, streets, police, and fire protection) capacity is
avail to serve t e annexed parcels. The City of Tigard Police, Engineering and Water
Departments, NW Natural Gas, Tualatin Valley Fire and Rescue, have all reviewed the
annexation request and have offered no objections. Additionally, the adequacy and
availability of services was reviewed as part of the Arbor Summit, Summit Ridge and Bella
Vista subdivision approvals. Therefore, this policy is satisfied.
The applicable comprehensive plan policies and implementing ordinance provisions
have been satisfied.
Applicable Comprehensive Plan policies have been addressed above. Ordinance provisions
were addressedduring the individual reviews of the Arbor Summit, Summit Ridge and Bella
Vista subdivisions. This standard has been met.
Assignment of comprehensive plan and zoning desi nations. The comprehensive
p an desesigna on an the zoning designation placed on the property shall be the City's
zoning district which most closely implements the City's or County's comprehensive
plan. map designation. The assignment of these designations shall occur
automatically and concurrently with the annexation. In the case of land which carries
County designations, the City shall convert the County's comprehensive plan map
and zoning designations to the City designations which are the most similar. A zone
change is required if the applicant requests a comprehensive plan map and/or/zoning
map designation other than the existing designations. (See Chapter 18.380). A
request for a zone change can be processed concurrently with an annexation
application or after the annexation has been approved.
The subject property is in the Urban Service Area and is zoned R-7 medium density
residential. The R-7 zoning designation is consistent with the original Washington County's
R-6 zoning designation as shown in the table below. The City's zoning was adopted by the
County with the City's R-7 zoning district. Therefore, the property does not need to be
rezoned upon annexation. According to Section 18.320.020.0, the City's Comprehensive
plan and zoning designations occur automatically and concuiTently with the annexation.
Conversion table. Table 320.1 summarizes the conversion of the County's plan and
zoning esigna ons to City designations which are most similar.
(Table on the following page)
FINDINGS OF THE CITY COUNCIL PAGE 4 OF 6
ZCA2004-00001 -ARBOR SUMMIT ANNEXATION 12/2812004 PUBLIC HEARING
TABLE 320.1
CO,NVERSION TABLE FORCOUNTY AND CITY PLAN AND ZONING DESIGNATIONS
w':t_chington County Land Use City of Tigard Zoning City of Tigard
Districts/Plan Designation Plan Designation
R-5 Res_5 unitslacre R4.5 SFR 7.500 sq. R_ Lot.' density 1-5 units/acre
R-6 Res. 6 units/aerc R-7 SFR 5,000 sq. R. Med. densitti 6-12 units!acre
R-9 Res. y units/acre R-12 Multi-family 12 units/acre hied. density 6-12 units'ncre
R-12 Res. 12 unitsiacre R-12 Multi-family 12 unitsiacre Med. density 6-12 unitslacre
R.- IS Res. I5 uniLsiaere R-25 NIulti-family 25 units,-acre Medium-High density 13-25
unit,/arc
R-24 Res. 24 uniLaIacres R-25 Nfulti-family 2-5 toots/acre Meditun-l-lieli density 13-25
units/acre
Office Commercial C-P Commercial Professional CP Commercial Professional
NC Neighborhood Commercial CN Neighborhood Commercial CN Neighborhood Commercial
CBD Cormincreial Business CBD Commercial Business CBD Commercial Business
DLCtrict District District
GC General Commercial CG General Commercial CG Geneml Commercial
IND Industrial I-L Light Industrial Light Industrials
Metro
WEE 3.09 requires the additional standards to be addressed in annexation decisions,
in addition to the local and state review standards. These are addressed and satisfied
as discussed below:
Consistency with the directly applicable provisions in an urban service provider
agreement or annexation plan adopted pursuant to ORS 195.065;
The processing has been done consistent with applicable Urban Service Provider
agreements.
Consistency with directly applicable provisions of urban planning or other agreement,
other than agreements adopted pursuant to ORS 195.065, between the affected entity
and a necessary party;
The process required by the Development Code and Comprehensive Plan is consistent with
the Urban Planning Agreement for annexations.
Consistency with specific directly applicable standards' or criteria for boundary
changes contained in comprehensive land use plans and public facility plans;
This has been discussed previously in this report and, as discussed, this criterion is satisfied.
Consistency with specific directly applicable standards or criteria for boundary
changes contained in the Regional Framework Plan or any functional plans;
FINDINGS OF THE CITY COUNCIL PAGE 5 OF 6
7rA2004-00001 -ARBOR SUMMIT ANNEXATION 97r;A17nnAPIIRI1(:HPARI11Ji;
Because -the Development Code has been amended to comply with applicable Metro
functional plan requirements, by complying with the Development Code and Comprehensive
Plan, the annexation is. consistent with the applicable Functional Plan and the Regional
Framework plan.
Whether the proposed changes will promote or not interfere with the timely, orderly
and economic provisions of public facilities and services;
The proposed annexation will not interfere with the provision of public facilities or services
because it is adjacent to existing city limits and services. Many services have been
extended to the subject parcels as a result of earlier development.
If the proposed boundary change is for annexation of territory to. Metro, a
determination by Metro Council that the territory should be included in the Urban
Growth Boundary shall be the primary criterion for approval;
The subject property is already within the Metro boundaries.
Consistency with other applicable criteria for the boundary change in question under
state and local law.
Consistency with other applicable criteria has been discussed previously in this report.
SECTION V. OTHER COMMENTS
The City of Tigard Engineering, Building, Police Department, Tualatin Valley Fire and
Rescue, Public Works, and Water Department have all reviewed this proposal and have
offered no objections to annexation.
NW Natural Gas, Tri-Met Transit Development, Metro Land Use & Planning and Washington
County have had the opportunity to review the proposal and have offered no objections.
At the hearing objections were raised by witnesses who requested that the Council take no
action based upon the results of a recent election. Those results do not directly address the
criteria before the Council for consideration.
One witness also questioned the appropriateness of using property owner consent as the
basis for annexation. The City has previously determined that consents of this type could
appropriately be presented by property owners as the basis for extending services that
would otherwise not be available to the property. No evidence has been presented that
would prove this to be an improper basis for consent to annexation.
Based on these findings the Tigard City Council adopted Ordinance No. oho Dy • j~
FINDINGS OF THE Calf COUNCIL PAGE 6 OF 6
ZCA200"0001 -ARBOR SUMMIT ANNEXATION 12/28/2004 PUBLIC HEARING
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Dccc[nber 23, 2004
VIA FACSIlti9 SX,
Mayor Craig Dirlt9en
City of'ligard
13125 SW Hell Boulevard
Tigard, Oregon 97223
Re: Arbor summit i and II Aam"atian
1)eor Mayor Dirksew
Tk& office iepreaents the West Hilly I7cv0lopmrut Company, applicant for
[=minion of the Arbor Summit 1 and 11 subdivisions. As you know, even though tha
ptiatds ofllull Mountsk roTlettcd a contin"nce and this required the City COUT161
to hold the written record open =d to hold a special meeting on t )eccmber 28, 2004
to act an the annexation application, they failed to place xuy new cvidenc:e into the
record.
On beh.tlf of West.Hills Development Company, I respectfully request dot the Tigard
City Coancil approve the annexation gubmitied by your staff. The cvidmce in the
record supports a finding Q6at the applicable approval criteria for annexation are
satisfied.
Vary truly yours,
Michael C. Robinson
MCR:dcw
ae: Mr. Don ftutbrie (via facsimile)
Mr, Dan Gtimberg (via tamirnile)
Ms. Terry Kinney (via facsimile)
Mr. Matt Scheidegger (via facsimile)
Mr. Fred Holz (via facsimile)
Mr. Juures N. P. Hendryx (via email)
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TOTAL PAGE.02
MEMORANDUM
CITY OF TIGARD, OREGON
TO: City Council Members
FROM: Jim Hendryx
DATE: December 28, 2004
SUBJECT: ZCA2004-00001
It is intended for the approved annexation ordinance to go into effect immediately upon
passage. Therefore, the attached ordinances reflect language that will accomplish the
immediate effective date.
' CITY OF TIGARD, OREGON
ORDINANCE NO. 2004-
AN ORDINANCE ANNEXING 36.1 ACRES, APPROVING ARBOR SUMMIT ANNEXATION
AND OTHER ADJACENT PROPERTIES (ZCA2004-00001), AND WITHDRAWING PROPERTY
FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S
PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT,
WASHINGTON COUNTY STREET LIGHTING DISTRICT #1, AND THE WASHINGTON
COUNTY VECTOR CONTROL DISTRICT, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(8) and 222.170 to initiate an annexation
upon receiving consent in writing from a majority of the electors registered in the territory proposed to be
annexed and written consent from owners of more than half the land in the territory proposed to be
annexed; and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties
which currently lie within the boundary of the Tigard Water District, the Washington County Enhanced
Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street
Lighting District #1, and the Washington County Vector Control District upon completion of the
annexation; and
WHEREAS, the Tigard City Council held a public hearing on December 14, 2004 to consider the
annexation of eight (8) parcels of land consisting of 36.1 acres and withdrawal of said property from the
Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District; and
WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt
obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no
option regarding the assumption of debt needs to be made; and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a
public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the
Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District on December 14, 2004; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from
the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District by Ordinance; and
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed
to the City zoning most closely conforming to the County zoning; and
WHEREAS, the current zoning district is R-7, an existing City zone that has been adopted by the
County and the zoning after annexation would remain R-7 so that no zone change is necessary; and
ORDINANCE NO. 2004= ZCA2004-00001 Arbor Summit Annexation
Page 1 of 2
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has
been reviewed for compliance with the Tigard Community Development Code and the Comprehensive
Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and
WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined
that withdrawal of the annexed properties from the applicable service districts is in the best interest of the
City of Tigard.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the parcels described in the attached Exhibit "A"
and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, the
Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District.
SECTION 2: City staff is directed to take all necessary measures to implement the annexation, including
filing certified copies of the Ordinance with Metro for administrative processing, filing with
state and county agencies as required by law, and providing notice to utilities.
SECTION 3: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the
Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District shall be the effective date of this annexation.
SECTION 4: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the
Tigard Water District shall be July 1, 2005.
SECTION 5: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
SECTION 6: An emergency is declared as it is necessary to become effective for the peace, health and
safety of the City; therefore, this ordinance shall take effect immediately upon passage.
PASSED: By vote of all Council members present after being read by number and
title only, this day of . 2004.
Cathy Wheatley, City Recorder
APPROVED: By Tigard City Council this day of 2004.
Craig Dirksen, Mayor
Approved as to form:
City Attorney Date
ORDINANCE NO.2004; _ ZCA2004-00001 Arbor Summit Annexation
Page 2 of 2
CITY OF TIGARD, OREGON drt Tj oro -
ORDINANCE NO. 2004-
AN ORDINANCE ANNEXING 8.93 ACRES, APPROVING ARBOR SUMMIT ANNEXATION
(ZCA2004-00001), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER
DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,
WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON
COUNTY STREET LIGHTING DISTRICT #1, AND THE WASHINGTON COUNTY VECTOR
CONTROL DISTRICT, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation
upon receiving consent in writing from a majority of the electors registered in the territory proposed to be
annexed and written consent from owners of more than half the land in the territory proposed to be
annexed; and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties
which currently lie within the boundary of the Tigard Water District, the Washington County Enhanced
Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street
Lighting District 41, and the Washington County Vector Control District upon completion of the
annexation; and
WHEREAS, the Tigard City Council held a public hearing on December 14, 2004 to consider the
annexation of two (2) parcels of land consisting of 8.93 acres and withdrawal of said property from the
Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District; and
WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt
obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no
option regarding the assumption of debt needs to be made; and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a
public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the
Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District on December 14, 2004; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from
the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District by Ordinance; and
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed
to the City zoning most closely conforming to the County zoning; and
WHEREAS, the current zoning district is R-7, an existing City zone that has been adopted by the
County and the zoning after annexation would remain R-7 so that no zone change is necessary; and
ORDINANCE NO. 2004- ZCA2004-00001 Arbor Summit Annexation
Page 1 of 2
'r.
f WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has
been reviewed for compliance with the Tigard Community Development Code and the Comprehensive
Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and
WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined
that withdrawal of the annexed properties from the applicable service districts is in the best interest of the
City of Tigard.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the parcels described in the attached Exhibit "A"
and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, the
Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District.
SECTION 2: City staff is directed to take al] necessary measures to implement the annexation, including
filing certified copies of the Ordinance with Metro for administrative processing, filing with
state and county agencies as required by law, and providing notice to utilities.
SECTION 3: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the
Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District 41, and the Washington
County Vector Control District shall be the effective date of this annexation.
SECTION 4: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the
Tigard Water District shall be July 1, 2005.
SECTION 5: In accordance with' ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
SECTION 6: An emergency is declared as it is necessary to become effective for the peace, health and
safety of the City; therefore, this ordinance shall take effect immediately upon passage.
PASSED: By vote of all Council members present after being read by number and
title only, this day of .2004.
Cathy Wheatley, City Recorder
e APPROVED: By Tigard City Council this day of , 2004.
i~.
r
r
Craig Dirksen, Mayor
Approved as to form:
City Attorney Date
ORDINANCE NO. 2004- ZCA2004-00001 Arbor Summit Annexation
Page 2 of 2
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13125 SW Hall Bivd
1 Tigard, OR 97223
IP (503) 6394171
® http:llwww.ci.tigard-onus
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MEMORANDUM
CITY OF TIGARD, OREGON
13125 SW Hall Boulevard
Tigard, Oregon 97223
(503) 639-4171
Fax 6&4-7297
TO: City Council
FROM: Jim Hendryx
DATE: December 22, 2004
SUBJECT: Arbor Summit Annexation
No additional testimony regarding the Arbor Summit Annexation was received during the
period that the record was held operAttached are additional findings based on the
testimony received at the December 14u', 2004 hearing supporting the adoption of proposed
option #t (annexation of eight (8) parcels of approximately 36.1 acres into the City of Tigard
through the double majority process). The original findings arerovided in the Council
packet as attachment 3. The applicant has until December 28u' 2004 to respond to all
testimony. Any additional information submitted by the applicant will be presented to
Council at the hearing.
In addition, option #2 has been revised to reflect the accurate area of the parcels showing
8.93 vs. 8.9 acres. This has been verified by the Department of Revenue. This is being
provided should Council adopt just, option #2 annexing only the Arbor Summit properties.
Agenda Item:
Hearing Date: December 28, 2004 7:30 PM
_
a < t : t'y yr r i , r , sti1 a:
77 77 --77
s4 CAY OF 1tIGARD
SECTION L APPLICATION SUMMARY
FILE NAME: ARBOR SUMMIT ANNEXATION
CASE NO.: Zone Change Annexation (ZCA) ZCA2004-00001
APPLICANT: West Hills Development OWNER: Numerous Owners.
15500 SW Jay Street List is available upon
Beaverton, OR 97006 request.
PROPOSAL: West Hills Development applied for approval to subdivide property on
Bull Mountain Road, known as Arbor Summit I and il. The
subdivision's approval included a condition of approval requiring
annexation. West Hills applied for annexation of two parcels (Arbor
Summit I and 11) equaling 8.9 acres.
According to ORS 222.170, the City may include any contiguous
property to the land proposed to be annexed if a majority of the
owners of more than one half of the land in that territory consent in
writing to the annexation. The Bella Vista Subdivision (SUB2002-
00007) submitted a ccnsent for annexation of 9.29 acres of land for
which they received subdivision approval. Combined, Arbor Summit
and Bella Vista total 18.19 acres.
Summit Ridge, a subdivision approved in 2004 lies between Arbor
Summit and Bella Vista. Summit Ridge was required to annex at the
time of final plat approval. Summit Ridge is contiguous to both Arbor
Summit and Bella Vista. With the double majority process allowed by
ORS 222.170, additional property can be added to the Arbor Summit
and Bella Vista Subdivisions. Staff suggests adding 17.91 acres of
parcels from the Summit Ridge Subdivision. Since there are no
electors involved, the additional Summit Ridge land can be added
under the double majority process. Adding Bella Vista and Summit
Ridge to the annexation creates a more complete annexation.
Staff has presented the Council with two options for annexation. One
is for Arbor Summit I and 11. The other, as recommended by staff,
includes the Bella Vista and a portion of the Summit Ridge
Subdivision, along with Arbor Summit I & II.
FINDINGS OF THE CnY COUNCIL PAGE 1 OF 6
ZCA2004-00001 -ARBOR SUMMIT ANNEXATION 12/2812001 PUBLIC HEARING
CURRENT
ZONING
DESIGNATION: R-7, Medium Density Residential.
EQUIVALENT CITY
ZONING
'DESIGNATION: R-7, Medium Density Residential. The R-7 zoning district is designed to
accommodate attached single-family homes, detached single-family
homes with or without accessory residential units, at a minimum lot size
of 5,000 square feet, and duplexes, at a minimum lot size of 10.000
square feet. Mobile home parks and subdivisions are also permitted
outright. Some civic and institutional uses are also permitted
conditionally.
LOCATION: WCTM 2S109AD Tax Lots 01400 and 01500. (Arbor Summit)
WCTM 2S109DA Tax Lot 02200. (Summit Ridge)
WCTM 2S109DD Tax Lots 00100, 00102, 00300, 00306 and
07000. (Bella Vista)
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.320 and 18.390;
Comprehensive Plan Policies 2 and 10; Metro Code Chapter 3.09; and
ORS Chapter 222.
SECTION 11. STAFF RECOMMENDATION
Staff recommended that the Council find that the proposed annexation will not
adversely affect the health, safety and welfare of the City. Therefore, staff
recommended APPROVAL of the Annexation by adoption of the proposed
Ordinance.
SECTION 111. BACKGROUND INFORMATION
Site Information and Proposal Description:
West Hills Development apple or approval to subdivide property on Bull Mountain Road,
known as Arbor Summit I and 11. A condition of approval required annexation as a result.
West Hills applied for annexation of Two parcels (Arbor Summit I and II) equaling 8.9
acres. According to ORS 222.170, the City may include any contiguous property to the
land proposed to be annexed if a majority of the Owners of more than one half of the land
in that territory consent in writing to the annexation. The Bella Vista Subdivision
(SUB2002-00007) submitted a consent for annexation of 9.29 acres of land for which they
received subdivision approval. Combined, Arbor Summit and Bella Vista total 18.19
acres.
Summit Ridge, a subdivision approved in 2004, lies between Arbor Summit and Bella
Vista. Summit Ridge was required to annex at the time of final plat approval. Summit
Ridge is contiguous to both Arbor Summit and Bella Vista. With the double majority
process allowed by ORS 222.170, additional property can be added to the Arbor Summit
and Bella Vista Subdivisions. Staff suggests adding 17.91 acres of parcels from the
Summit Ridge Subdivision. Since there are no electors involved, the additional Summit
Ridge land can be added under the double majority process. Adding Bella Vista and
Summit Ridge to the annexation creates a more complete annexation.
FINDINGS OF THE CITY COUNCIL PAGE 2 OF 6
ZCA2004-00001 -ARBOR SUMMIT ANNEXATION 12128/2004 PUBLIC HEARING
The -Considered two options:
Option #1
Approve the annexation of eight (8) parcels of approximately 36.1 acres into the City of
Tigard through the double majority process.
Option #2
Approve the original annexation request of two parcels of approximately 8.9 acres better
known as the Arbor Summit I and II Subdivisions.
The Council approved Option #1.
Vicini r Information:
The subject parcels are located south of SW Bull Mountain Road and north of SW Beef
Bend Road.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
The relevant criteria in is case are Tigard Comprehensive an Policies 2.1.1, 10.1.1,
10.1.2, and; Tigard Community Development Code Chapter 18.320.
The Council has determined that the proposal is consistent with the relevant policies of the
Comprehensive Plan based on the following findings:
Comprehensive Plan
Pol isy
This Policy requires an ongoing citizen involvement program. Interested parties and
surrounding property owners within 500 feet have been notified of the public hearing and
notice of the hearing has been published in a newspaper of general circulation. The site has
been posted since November 02, 2004, and the hearing was announced at the December
Focus on Tigard Television Show. There have been a number of opportunities for citizens
to be involved in the decision making process. At the hearing a request was made and
granted to keep the record open for additional written submission. No additional evidence
was submitted. Based upon this process the Council determines that Policy 2.1.1 has been
complied with.
Policy 10.1.1:
This Policy requires adequate service capacity delivery to annexed parcels. The City of
Tigard Police, Engineering and Water Departments, NW Natural Gas, Tualatin Valley Fire
and Rescue, have all reviewed the annexation request and have offered no objections. Staff
has also provided expert opinion that adequate capacity exists to service the annexed areas.
This policy has been complied with.
Policy 10.1.2:
This Policy pertains to boundary criteria for annexations. The property is adjacent to the
Tigard City limits and therefore satisfied the requirements of the Policy.
The Council has determined that the proposal is consistent with the relevant portions of the
Community Development Code based on the following findings:
Community Development Code
Section 1113.326:620: This Section addresses approval standards for annexation
proposes:
All services and facilities are available to the area and have sufficient capacity to
provide service for the proposed annexation area;
FINDINGS OF THE CITY COUNCIL PAGE 3 OF 6
zCA2004-00001 -ARBOR SUMMIT ANNEXATION 12/2812004 PUBLIC HEARING
Adequate service (water, sewer, drainage, streets, police, and fire protection) capacity is
available to serve the annexed parcels. The City of Tigard Police, Engineering and Water
Departments, NW Natural Gas, Tualatin Valley Fire and Rescue, have all reviewed the
annexation request and have offered no objections. Additionally, the adequacy and
availability of services was reviewed as part of the Arbor Summit, Summit Ridge and Bella
Vista subdivision approvals. Therefore, this policy is satisfied.
The applicable comprehensive plan policies and implementing ordinance provisions
have been satisfied.
Applicable Comprehensive Plan policies have been addressed above. Ordinance provisions
were addressed during the individual reviews of the Arbor Summit, Summit Ridge and Bella
Vista subdivisions. This standard has been met.
Assignment of comprehensive plan and zoning designations. The comprehensive
plan designation an a zon ng designation placed on the prope shall be the City's
zoning district which most closely Implements the City's or Coun 's comprehensive
plan. map designation. The assignment of these designa ons shall occur
automatically and concurrently with the annexation. In the case of land which carries
County designations, the City shall convert the County's comprehensive plan map
and zoning designations to the City designations which are the most similar. A zone
change is required if the applicant requests a comprehensive plan map and/or/zoningg
map designation other than the existing designations. (See Chapter 18.380). A
request for a zone change can be processed concurrently with an annexation
application or after the annexation has been approved.
The subject property is in the Urban Service Area and is zoned R-7 medium density
residential. The R-7 zoning designation is consistent with the original Washington County's
R-6 zoning designation as shown in the table below. The City's zoning was adopted by the
County with the City's R-7 zoning district. Therefore, the pproperty does not need to be
rezoned upon annexation. According to Section 18.320.020.C, the City's Comprehensive
plan and zoning designations occur automatically and concurrently with the annexation.
Conversion table. Table 320.1 summarizes the conversion of the County's plan and
zoning esigna ons to City designations which are most similar.
(Table on the following page)
FINDINGS OF THE CITY COUNCIL PAGE 4 OF 6
ZCA2004-00001 -ARBOR SUMMIT ANNEXATION 12128/2004 PUBLIC HEARING
TABLE 320.1
CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS
Washington County Land Use City or Tigard Zoning City of Tigard
Districts/Plan Designation Plan Designation
R-5 Res_ 5 unitslacre R4.5 SFR 7.500 sq. ft. Lot-,density 1-5 units/acre
R-6 Res. 6 unitslacre R-7 SF R 5,000 sq. ft. Med. density 6-12 units/acre
R-9 Res. 9 units/acre R-12 Multi-family 12 units/acre kled. density 6-12 uniWacre
R-t2 Res. 12 unitsiacre R-12 Multi-family 12 units!acre Mcd. density 6-12 units/acre
R-15 Res. IS units/aere R-25 NIulti-family 25 units,acre Medium-High dcnsitc 13-2;
un itlacre
R-24 Res. 24 unit;/acres R-25 `qulti-fitmily 25 units/acre Medium-High density 13-25
units/acre
Office Commercial C-P Commercial Professional CP Commercial Professional
NC Neighborhood Commercial CN Neighborhood Commercial CN Neighborhood Commercial
CSD Commercial Business CBD Commercial Business CBD Commercial Business
District District District
GC General Commercial CG General Commercial CG General Commercial
IND Industrial I-L Light Industrial Light Industriaim
Metro
e ro 3.09 requires the additional standards to be addressed in annexation decisions,
in addition to the local and state review standards. These are addressed and satisfied
as discussed below:
Consistency with the directly applicable provisions in an urban service provider
agreement or annexation plan adopted pursuant to ORS 195.065;
The processing has been done consistent with applicable Urban Service Provider
agreements.
Consistency with directly applicable provisions of urban planning or other agreement,
other than agreements adopted pursuant to ORS 195.065, between the affected entity
and a necessary party;
The process required by the Development Code and Comprehensive Plan is consistent with
the Urban Planning Agreement for annexations.
Consistency with specific directly applicable standards- or criteria for boundary
changes contained in comprehensive land use plans and public facility plans;
This has been discussed previously in this report and, as discussed, this criterion is satisfied.
Consistency with specific directly applicable standards or criteria for boundary
changes contained in the Regional Framework Plan or any functional plans;
FINDINGS OF THE CITY COUNCIL PAGE 5 OF 6
ZCA2004-00001 -ARBOR SUMMIT ANNEXATION 12/28/2004 PUBLIC HEARING
Because -the Development Code has been amended to comply with applicable Metro
functional plan requirements, by complying with the Development Code and Comprehensive
Plan, the annexation is consistent wwiitth the applicable Functional Plan and the Regional
Framework plan.
Whether the proposed changes will promote or not interfere with the timely, orderly
and economic provisions of public facilities and services;
The proposed annexation will not interfere with the provision of public facilities or services
because it is adjacent to existing city limits and services. Many services have been
extended to the subject parcels as a result of earlier development.
If the proposed boundary change is for annexation of territory to . Metro, a
determination by Metro Council that the territory should be included in the Urban
Growth Boundary shall be the primary criterion for approval;
The subject property is already within the Metro boundaries.
Consistency with other applicable criteria for the boundary change in question under
state and local law.
Consistency with other applicable criteria has been discussed previously in this report.
SECTION V. OTHER COMMENTS
The City of Tigard Engineering, Building, Police Department, Tualatin Valley Fire and
Rescue, Public Works, and Water Department have all reviewed this proposal and have
offered no objections to annexation.
NW Natural Gas Tri-Met Transit Development, Metro Land Use & Planning and Washington
County have had the opportunity to review the proposal and have offered no objections.
At the hearing objections were raised by witnesses who requested that the Council take no
action based upon the results of a recent election. Those results do not directly address the
criteria before the Council for consideration.
One witness also questioned the appropriateness of using property owner consent as the
basis for annexation. The City has previously determined that consents of this type could
appropriately be presented by property owners as the basis for extending services that
would otheMise not be available to the property. No evidence has been presented that
would prove this to be an improper basis for consent to annexation.
Based on these findings the Tigard City Council adopted Ordinance No.
FINDINGS OF THE CITY COUNCIL PAGE 6 OF 6
ZCA200400001 -ARBOR SUMMIT ANNEXATION 12/28/2004 PUBLIC HEARING
CITY OF TIGARD, OREGON
ORDINANCE NO. 2004-
AN ORDINANCE ANNEXING 8.93 ACRES, APPROVING ARBOR SUMMIT ANNEXATION
(ZCA2004-00001), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER
DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,
WASIHNNGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON
COUNTY STREET LIGHTING DISTRICT 41, AND THE WASHINGTON COUNTY VECTOR
CONTROL DISTRICT.
WIIEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation
upon receiving consent in writing from a majority of the electors registered in the territory proposed to be
annexed and written consent from owners of more than half the land in the territory proposed to be
annexed;and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties
which currently lie within the boundary of the Tigard Water District, the Washington County Enhanced
Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street
Lighting District #1, and the Washington County Vector Control District upon completion of the
annexation; and
WHEREAS, the Tigard City Council held a public hearing on December 14, 2004 to consider the
annexation of two (2) parcels of land consisting of 8.93 acres and withdrawal of said property from the
Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District; and
WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt
obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no
option regarding the assumption of debt needs to be made; and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a
public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the
Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
L Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
r County Vector Control District on December 14, 2004; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from
5 the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District by Ordinance; and
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed
to the City zoning most closely conforming to the County zoning; and
WHEREAS, the current zoning district is R-7, an existing City zone that has been adopted by the
County and the zoning after annexation would remain R-7 so that no zone change is necessary; and
ORDINANCE NO.2004- ZCA2004-00001 Arbor Summit Annexation
Page 1 of 2
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has
been reviewed for compliance with the Tigard Community Development Code and the Comprehensive
Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and
WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined
that withdrawal of the annexed properties from the applicable service districts is in the best interest of the
City of Tigard.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the parcels described in the attached Exhibit "A"
and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, the
Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District.
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.
SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including
filing certified copies of the Ordinance with Metro for administrative processing, filing with
state and county agencies as required by law, and providing notice to utilities.
SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the
Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District 91, and the Washington
County Vector Control District shall be the effective date of this annexation.
SECTION 5: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the
Tigard Water District shall be July 1, 2005.
SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
PASSED: By vote of all Council members present after being read by number and
title only, this day of , 2004.
Cathy Wheatley, City Recorder
' APPROVED: By Tigard City Council this day of 22004.
Craig Dirksen, Mayor
Approved as to form:
City Attorney Date
ORDINANCE NO. 2004- ZCA2004-00001 Arbor Summit Annexation
Page 2 of 2
x • EXHIBIT A
(LD:C 20085 NW Tanasboume Drive
Hlllsboro, OR 97124
P 503.858.4242
DESIGN GROUP, INC. F 503.645.6500
www.ldcdeslgn.r*m
LEGAL. DESCRIPTION FOR ANNEXATION
THAT PORTION OF THS NORTHEAST QUARTER OF SECTION 9, T. 2 S., R. 1 W., WM, WASHINGTON
COUNTY, OREGON MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BBongoNG AT THE NOITHW13ST CORNER OF LOT 21, "ARLINGTON HEIGHTS", THENCE N88°53133"W,
31893 F88T ALONG THE NORTH 12M OF THS TRACT OF LAND TO WIIZSS DESCRIBED IN DOCUMENT NO.
99114503 OF THE DEED REOORDS OF SAID COUNTY TO TEE SOUTHEAST CORNER OF THE TRACT OF
LAND TO noARD-TUALATIN SCHOOL DISTRICT 23J DESCRIBED IN DOCUMENT NO. 96098726 OF SAID
RECORDS; TAENCB ALONG THE EAST BOUNDARY OF SAID TRACT, N02°00'00'x. 275.00 FEET; THENCE
N88.56' IrW, 212.83 FEET; THMICE N01°56' 56"A 42622 FELZT TO A POINT ON THE SOULS RIGHT OF WAY
LINE OF S.W. BULL MOUNTAIN ROAD; THENCE N8800413M 62520 FEET ALONG SAID SOUTH RIGHT OF
WAY LIKE TO TEMNORTRVIEST CORNER OF SAID PLAT OF "ARLINGTON HEIGHTS; THENCE ALONG THE
WP.STBOUNDARY OF SAID PLAT, S01°56'48"W, 734.24 FEET; THENCE N88°49124"W. 9236 FEET TO THE
POINT OF BEGINNING.
CONTAINING 893 ACRES
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AGENDA ITEM #
FOR AGENDA OF 12/14/04
Con+;~ued ia.a8.o~
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Revised Ci /TriMet MOU
PREPARED BY: Duane Roberts DEPT HEAD OK Y MGR OK
ISSUE BEFORE THE COUNCIL
Should Council approve a revised City/TriMet Memorandum of Understanding (MOU) for improving local
transit services?
STAFF RECOMMENDATION
Staff recommends Council approve the revised MOU as written.
INFORMATION SUMMARY
In 2003, Tigard became the first suburban city selected by TriMet as a target for local service and pedestrian
improvements. In December of last year, Council considered and adopted a memo of understanding (MOU)
with TriMet to formalize a partnership to plan for these improvements. Within the MOU, each party
commits to working together during the next three years to put new ideas for local transit improvements into
action. The agreement carves out Council's long term goal of improving acces to transit.
Council's November 16, 2004, packet included a draft copy of revised MOU for Council's information and
consideration. At the November meeting, Jim Hendryx indicated that staff would return to Council in
December for adoption of the revised MOU. A copy of the new MOU is attached. Why change the MOU?
As highlighted in the November 16th staff report, the reason for changing the MOU is twofold. First and
most important is that the timeframe of the original MOU was tied to the completion date for Commuter Rail.
The new MOU reflects the change in Commuter Rail startup to FY 07 from FY 06. Second, the new MOU
includes some language changes requested by TriMet's legal office. None of these change the substance of
the original agreement. A benefit to Tigard of revising the MOU as proposed is the additional year of transit
agency time and attention the City will receive.
The updated MOU has been reviewed and approved by the City Attorney as to form.
OTHER ALTERNATIVES CONSIDERED
None considered.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Transportation and Traffic Goal #3, "Alternative modes of transportation are available and use is
maximized."
ATTACHMENT LIST
Attachment #1: Memorandum of Understanding.
FISCAL NOTES
The agreement does not involve the obligation of City funds. Implementation of proposed capital
improvements will depend on funding availability as part of each organization's annual budget process.
i/citywide/triMet.MOU.revised
i
i i
f
City/TriMet MOU
City/TrWet MOU
• Policy Framework:
- Council long term goal of improving transit
services
- Tigard Transportation System Plan
- Tigard Local Service Transit Action Plan
City/TriMet MOU City/TriMet MOU
• Council adopted CitylrriMet MOU one year • MOU Goals
ago - Improve transit coverage
- Improve access to transit
- Maximize transit ridership
L
City/TriMet MOU City/TriMet MOU
i
• During 2004, City and TriMet worked • Current MOU timeframe based on 2006
together under MOU to put new ideas into Commuter Rail start-up
i action:
i - New and reconfigured service
proposed/considered • New MOU reflects revised 2007 start-up
. Routes 38, 45, 76, 78, 62, 92
- Pedestrian and park and ride improvements
; . sidewalks, shelters, tenches
1
.T
" CitylTriMet MOU
*w • New MOU also includes stylistic and format
changes
• Includes no substantive changes, other than
duration
- City and TriMet continue to formally agree to work
together to Improve transit access and to involve
community members
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City Council Document Transmittal
CITY OF TIGARD
To: J U0n Q X0i2Z2~ OREGON
From: ~u .,cam
Date: 1 a. ag -of
I'm sending you:
Document Type: 0 IGA 9-Contract
0 Other
Document Name: FO yu
(i (~v~. d Q <c -Uss v19a,-rt. - 771 mz-~,-
Approved at the Council Meeting of: )a- as-oU
Number Copies Included: 1 yr Vna
❑ Your document(s) have been signed by the Mayor
❑ Your document(s) have been signed by the City Manager
El(our document(s) requires an additional signature(s)
[VWhen all signatures have been obtained, file an original document with
City of Tigard Records
Additional instructions:
BADMICITY COUNCIOCITY COUNCIL DOCUMENT TRANSMITTAL.DOC
MEMORANDUM OF UNDERSTANDING
DEVELOPMEN'T' OF TIGARD ACCESS PLAN
PLANNING
Dated: October 7, 2004
Among: The Tri-County Metropolitan Transportation District of Oregon, a mass transit
district organized under the laws of the State of Oregon ("TriMet")
And: The City of Tigard, a municipal corporation organized under the laws of the State
of Oregon ("Tigard")
RECITALS
A. TriMet owns and operates a public mass transit system serving the Portland
metropolitan area including a rail system operating from the City of Gresham to the City of
Hillsboro. Together with Washington County, TriMet is currently planning to construct the
Wilsonville to Beaverton Commuter Rail Project ("Commuter Rail"), a 14.7-mile commuter rail
line between Beaverton Transit Center and Wilsonville.
B. Development of Commuter Rail in the Highway 217 corridor provides TriMet
and Tigard with a unique opportunity to cooperatively achieve their common goals in the Tigard
area (the "Area").
C. TriMet and Tigard are committed to developing a Tigard access plan (the "Access
Plan") to provide for a comprehensive process that will capitalize on the regional efforts
surrounding Commuter Rail, in order to improve access, leverage public and private investments,
and enhance and promote mobility options in the Area.
D. This Memorandum of Understanding is intended to document the understandings
of TriMet and Tigard with respect to development of the Access Plan.
UNDERSTANDINGS
1. Development of Access Plan/Planning Coordination of Projects. It is
understood that TriMet and Tigard will meet regularly to develop the Access Plan which efforts
shall entail coordination by the parties in planning for projects related to improving access to
public transit in the Corridor. The particular projects selected for planning to be included in the
Access Plan shall be subject to the mutual agreement of the parties. Types of projects to be
included in the Access Plan may include, but not necessarily be limited to:
■ Bus stop improvements
■ Transit preferential improvements for buses
■ Pedestrian access improvements
■ Bike access improvements
■ Public Information (maps, etc.)
In addition to development of the Access Plan, a final report prepared by the parties will identify
longer term projects.
2. Changes to Bus Routes: It is understood that TriMet will examine and may
implement changes to bus routes in order to improve access to public transit in the Area.
3. Community Outreach: It is understood that, in order to involve community
members in all aspects related to the Access Plan, TriMet and the City will develop and
implement a community outreach strategy targeted toward the diverse community and business
members that comprise the Corridor.
4. General Provisions:
a. Term: This Memorandum of Understanding shall be in effect from
December 1, 2004 through the opening of Commuter Rail, and may be extended by mutual
agreement of the parties hereto.
b. Withdrawal: Either party may withdraw from this Memorandum of
Understanding, without penalty or liability of any nature, by providing the other party to this
Memorandum of Understanding with ninety (90) days prior written notice of its intent to do so.
C. Independent Contractors: No Aaency: In connection with this
Memorandum of Understanding, each party is an independent contractor for all purposes and
will have no authority to bind or commit the other.
d. No Third Party Beneficiaries: TriMet and Tigard are the only parties to
this Memorandum of Understanding, and as such are the only parties entitled to enforce its
terms. Nothing in this Memorandiun of Understanding gives or shall be construed to give or
provide any benefit, direct, indirect or otherwise, to any third party unless such third party is
expressly described by name in a modification or amendment to the Memorandum of
Understanding, and such third party is intended by the parties hereto to be a beneficiary of such
modification or amendment to this Memorandum of Understanding.
e. Notices: All notices and communications under this Memorandum of
Understanding shall be directed to the representatives designated below:
For Tri-Met: Tom Mills
Tri-Met
4012 SE 17`h Avenue
Portland, Oregon 97202
(503) 962-4883
For Tigard: Duane Roberts
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
503-639-4171 ext 2444
Any notices or communications hereunder shall be in writing and deemed effective if deposited
in U.S. Mail (Certified return receipt), hand delivered, or transmitted by facsimile with
successful confirmation.
f. Integration: This MOU contains the entire agreement between the parties
as to the subject matter of this MOU and the parties have no obligations except as expressly
stated herein. Any waiver, consent, modification, amendment or change to the terms of this
MOU must be in writing and signed by the authorized representatives of each party to be
effective and binding.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding
effective for the dates noted herein.
TRI-COUNTY METROPOLITAN CITY OF TIGARD
TRANSPORTATION DISTRICT OF
OREGON (TRIMET )
6Z
By: By:
Fred Hansen Craig D' en
General Manager Mayor
iArpn/drrrriMetMOU. I I -N
AGENDA ITEM No. 4 Date: December 28, 2004
PUBLIC HEARING
TESTIMONY
SIGN-UP SHEET
Please sign on the following page(s) if you wish to testify before City Council on:
RESOLUTION TO ADOPT
AMENDED MASTER FEES FOR
LONG-RANGE PLANNING
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
iAadmtgreer%dty coundRccsignuplph testmny long-range planning tees.doc
AGENDA ITEM No. 4 Date: December 28, 2004
PLEASE PRINT
Pro onent - S eakin In Favor Opponent - (Speaking Against) Neutral
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
AGENDA ITEM # L
FOR AGENDA OF December 14.200044(
CITY OF TIGARD, OREGON Co i rw Ia 4o
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Adopt Amended Master Fees for Long Range-Planning
PREPARED BY: Jim Hendren DEPT HEAD OK MGR OK
ISSUE BEFORE THE OUNCIL
Adoption of a resolution amending Resolution No. 04-37 by amending and increasing certain land use planning
fees.
STAFF RECOMMENDATION
Council directed staff to proceed with developing a long range planning fee to help off-set the costs of completing
long range planning studies and projects. Staff recommends that Council adopt a resolution amending Resolution
04-37 and increase certain land use fees.
INFORMATION SUMMARY
In July 2003, Council discussed the potential of instituting an application fee that would support long range
planning activities. The fee would help offset the cost of having outside resources involved in completing
specialized planning studies or projects. Examples could include completing technical portions of the
Comprehensive Plan update, Goal 5 related work, and the Downtown Improvement Plan.
How has the City funded such studies in the past? Typically, long range planning studies or projects have been
funded with a combination of resources. For example, the Washington Square Regional Center Plan, adopted
by Council in 2002, took 2 -3 years to complete. It involved considerable resources from the City ($134,000).
It also included funding from the State through the Transportation and Growth Management (TGM) program.
Long range planning studies vary in the amount of complexity and costs associated with any particular study or
project. Where staff expertise exists and scheduling allows, City staff is assigned to complete particular
projects.
At its May 18, 2004 Council work session, Council directed staff to proceed with developing a long range
planning fee that would be in addition to existing planning fees. Basically, a "surcharge- would be paid at the
time of submittal of specific land use applications. The intent of the long range planning fee is to offset some or
all of the costs of completing long range planning studies. It would be used to help pay the costs of hiring
consultants, temporary staff or interns for specific identified projects, not for general long range activities, such
as direct costs of City personnel or capital and/or equipment needs of the City.
With minor exception, it is proposed that planning fees increase by 14.76% for the long range planning
surcharge. The existing planning fees are based on average costs for processing a particular application. Costs
include direct personnel costs, materials, notices, etc. The new planning fees not only would include those
costs, but would also include an amount to offset the cost of doing long range planning projects. The few
planning fees that do not increase include specific appeals, blasting permits, hearing postponements, and plat
name changes.
The proposed long range planning fee is anticipated to generate approximately $30,000 - $40,000 per year.
Given the fact that the fees are based on permit activity, the actual revenue could fluctuate from year to year.
The goal is to have a fund to complete such long range planning projects as the City determines are necessary
through the budgetary process.
Public notification of the proposed fee was given in the Tigard Times. Additionally, individual developers who
submitted any land use application proposed for inclusion within the last 2 years, were provided notice. Notice
was also posted in the lobby at City Hall.
OTHER ALTERNATIVES CONSIDERED
1. Take no action.
2. Delay action.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
Attachment 1: Proposed resolution
Exhibit A: City of Tigard Fees and Charges Schedule
Attachment 2: Memo to City Council dated November 29, 2004
FISCAL NOTES
It is estimated that the long range planning fee could generate $30,000 - $40,000 per year. Actual amount of
revenue is dependent upon permit activity.
L
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CITY OF TIGARD
Community Development
Shaping A Better Community
MEMORANDUM
CITY OF TIGARD
TO: Mayor and City Council
FROM: Jim Hendryx
DATE: November 29, 2004
SUBJECT: Long Range Planning Fees
Background
In July 2003, Council discussed the potential of instituting an application fee that would support
long range planning activities. The fee would help offset the cost of having outside resources
involved in completing specialized planning studies or projects. Examples could include completing
technical portions of the Comprehensive Plan update, Goal 5 related work, and the Downtown
Improvement Plan, etc. These sorts of projects are funded through the General Fund and are
budgeted yearly. Outside funding sources, such as grants, are considered when available. An
example is the recently awarded TGM grant that is funding a major portion of the Downtown
Improvement Plan. The State contributed approximately $120,000 toward this project, while the
City contributed both an in-kind and cash match. A team of consultants was hired to develop an
improvement plan for Downtown Tigard. The City lacked resources to entirely fund this sort of
project within the time frame the community expects.
How has the City funded such studies in the past? Typically, long range planning studies or
projects have been funded with a combination of resources. For example, the Washington Square
Regional Center Plan, adopted by Council in 2002, took 2 -3 years to complete. It involved
considerable resources from the City ($134,000). It also included funding from the State through
the Transportation and Growth.Management (TGM) program. Another example involved the
Tigard Triangle Plan, adopted by the Council in 1997. There were two previous efforts that
occurred that were not approved by Council. This project took consultants at least three times to
develop. The final project took approximately two years to complete and was totally funded by the
City and did not involve outside funding.
Long range planning studies vary in the amount of complexity and costs associated with any
particular study or project. Where staff expertise exists and scheduling allows, City staff is
assigned to complete particular projects. A recent example included the Bull Mountain Annexation
Study and the Public Facilities and Assessment Report for the Bull Mountain Area. Staff expertise
and resources allowed both of these studies to be completed over a period of months.
Other studies and projects require additional resources due to the complexity or intensity of the
project or study. The Downtown Improvement Plan is such an example. The scope of the project
involves extensive citizen involvement, detailed traffic analysis, marketing research, and
community design elements. Ultimately, the Improvement Plan could result in major revisions to
the Comprehensive Plan and Community Development Code. Various components of this study
are outside the ability and/or expertise of staff to perform.
Proposed Surcharge
At its May 18, 2004 Council worksession, Council directed staff to proceed with developing a long
range planning fee that would be in addition to existing planning fees. Basically, a "surcharge"
would be paid at the time of submittal of specific land use applications. The intent of the long
range planning fee is to offset the costs of completing long range planning studies. It would be
used to help pay the costs of hiring consultants, temporary staff or interns for specific identified
projects, not for general long range activities, such as direct costs of City personnel or capital
and/or equipment needs of the City. Exhibit A identifies application types where the long range
planning fee would be paid.
With minor exception, planning fees were increased by 14.76%. The existing planning fees are
based on average costs for processing a particular application. Costs include direct personnel
costs, materials, notices, etc. The new fees not only would include those costs, but would also
include an amount to offset the cost of doing long range planning projects. The few fees that did
not increase included specific appeals, blasting permits, hearing postponements, and plat name
changes.
The proposed long range planning fee is anticipated to generate approximately $30,000 - $40,000
per year. Given the fact that the fees are based on permit activity, the actual revenue could
fluctuate from year to year. The goal is to have a fund to complete such long range planning
projects as the City determines are necessary through the budgetary process.
Public notification of the proposed fee was given in the Tigard Times. Additionally, individual
developers who submitted any land use application proposed for inclusion within the last 2 years,
were provided notice. Notice was also posted in the lobby at City Hall. We have not received any
comments from the public regarding the proposed fees.
Summary
In conclusion, Council has established a goal to evaluate all fees and charges in an effort to move
toward having applications and services be fee supported. The long range planning fee is a step
toward achieving this goal.
lAcdadmyerreeyim\general\Long Range Planning Fees memo to Council.doc
Adopt Amended Master Background
Fees for Long Range . Council directed instituting an
Plannin application fee that would support
g long range planning activities.
The fee would help offset the cost of
having outside resources involved in
specialized planning studies or
projects.
Need For Fee Proposed Fee
. Long range planning studies or projects funded a A "surcharge" would be paid at the
with a combination of resources.
Washington Square Regional Center Plan, time of submittal.
Involved considerable resources from the City . Planning fees are increased by
($134,000). It also Included funding from the
state. 14.76%.
Long range planning studies vary in the amount . Anticipated to generate $30,000 -
of complexity and costs associated with any
particular study or project. $40,000 per year.
. Extensive public notification.
Conclusions
Recommendation
. Council established goals to evaluate
all fees and charges in an effort to . Recommend adoption of Amended
move toward having applications and Master Fees for Long Range
services be fee supported. Planning.
. The long range planning fee is a step
toward achieving this goal.
1
IMS
perty owner wishing to make a claim against the City
r Measure 37 shall submit a written claim with the
ng:
Identnficalion of the affected property
The name and contact information
Date the Claimant acquired the property, and. H applicable.
the date that a family member or Claimant acquired the
property
General Overview of identification of the regulation that is alleged to restrict the
Municipal Code Provisions To use or the affected property
A statement whether the Claimant prefer compensation or
Address Measure 37 a waiver, suspension or modification u>F the regulation
The amount claimed as compensation and documentation
supporting the amount
The name and contact information of the Claimant's
au0onzed representative of representatives, if applicable
TICE OCESS
City shall provide notice to all property owners within City staff shall prepare a report analyzing the claim
500 feet of the property which is submitted to the Decision Maker
Notice provided at least 7 days before the hearing Staff rert must be mailed to the Claimant, and made
Notice shall include- availab a to the public at least 7 days before the public
hearing
- The notice shall identify the property Decision Maker
- State the date. lime and place of the twarrq - The Decmon Maker shall hold a publio haa on the
- State the amount of the claim or statement describing the clam The public hear4 should normally De nng set within
extent to which the regulations would need to be waned 150 days of submission of the claim but may be set at
or suspended any time
- Failure of any person to receive notice or any defect in Public Hearing
the notice shall not invalidate any action taken or - The Claimant and any other person shall be provided a
decision made at the hearing. reasonable oppor unay to present evidence and
argument at the public hearing. The Decision Maker
may limit the duration of testimony
CISION CISION
e Decision Maker may take any of the following Decision Maker may take other actions it deems
ttons: appropriate in individual circumstances, may modify the
Deny the claim listed actions, and/or may combine the listed actions,
consistent with Measure 37
Pay compensation, either in the amount requested or in Decision Maker may negotiate an acceptable solution
some other amount supported by the evidence with the Claimant
Waive or not apply the regulation The Council shall take final action within 180 days of
Modiry the regulation so that it does not give rise to a the claim. The Decision Maker shall take action only if
claim for compensation it determines the claim is valid
Conditlonally waive or suspend the regulation subject to A decision by a Decision Maker other than Council shall
contributions toward compensation if the contributions not be a final decision, but shall be a recommendation
are received. to Council.
1
CISION TION BY NEIGHBORING
legation of Authority and City Council Review OPERTY OWNERS
The Coustl may delegate authority to act as a Decision If a clam results in a waiver that causes a reduction in value
Maker those property owners shall have tho rot to maintain an
Tix City Council shall have the authority to tale the actiaU, action against the Claimant.
includng the authority to waive or suspend any wqn of The nearby property owners, d successful, would be entitled
arty City ccde, ordinance or resolution. nolwshs at dsq cry to an award of roasaiaDb attorney fees. This section does
rumnsntant provision in this code or the Community not rime a right d action against the city.
meta n an oppraieer to assist the Decision Maker
Ttw city mayldetarminat m
a Cound
Deposit and Responsibility for Costs
The Claimard shall provide a deposit d $1,000
- If the claim is valid, the City shall rekand the ent(e deposit
- 0 a clsm is denied and ultimately determined to be
invalid, the Clamant shall ronOx a the City for the costs.
IONS FOR COUNCIL
NSIDERATION
Ootlon 1 - M ordinance amending ordinance 04-12
providing a process for consideration of calms nor
compensation under 2004 Ballot Measure
Option 2 - M ordinance amending ordinance 04-12
providing a process for consideration of Balms for
compensation under 2004 Ballot Measure, Including a
provision for action by neighboring properly owners
Bode add new chapter 1.20 of the Tigard Munidpal
Code and declare an emergency.
2
AGENDA ITEM # 5
FOR AGENDA OF Dec. 14.2004
CITY OF TIGARD, OREGON CoY-i4y riu" +o )a.erg,oq
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE _ Public Works Department: Mission/Values Exercise Results
PREPARED BY: Brian RaQer DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
The Public Works staff will report as to the results of a recent exercise conducted with the department.
STAFF RECOMMENDATION
No action required. Information only.
INFORMATION SUMMARY
The Public Works department has gone through some personnel changes over the last year, including changes in
management staff. In addition, the department identified some key concerns related to the internal culture and
environment and was seeking a process that would help to bring about a positive change. It was also a good time to
evaluate how the external customers of the department view the service provided.
During the summer of 2004, the department began a process referred to as the Mission & Values Exercise. This
process involved all Public Works staff and began with a department-wide setting where Staff (management and
non-management) were mixed into six different discussion groups. These groups were facilitated by staff from
other departments. The result of these group discussions, as well as follow-up discussions with Staff, is a new
Mission Statement, Slogan and a set of Core Values for the Public Works Department.
OTHER ALTERNATIVES CONSIDERED
n/a
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
n/a
ATTACHMENT LIST
PowerPoint Presentation
FISCAL NOTES
Only minor printing costs for business cards, wall-mounted displays and door decals.
sea
A wise business man once said...
s "If you run your business this year the way
Public Works Department you ran your business last year, you will not
be in business next year.'
"P+ T
y
.fin.
Mission & Values Exercise Results
k Issues in Public Works: Mission & Values Exercise:
r_ ■ Changes in personnel ■ Department-wide kickoff on June 29, 2004.
■ Concern with internal culture: How do we ■ Discussion groups included all staff.
treat each other? ■ Facilitators recruited from other departments.
■ Concern with Customer Service: How are we ■ Non-biased help
doing? ■ Allowed supervisor/management staff to be
w mixed in the groups.
Good opportunity to ask ourselves what we
value and what our mission should be.
Mission & Values Exercise: Discussion Results: Values
F'
■ We asked three primary questions: ■ Safety ■ Support from
■ "What are the most important things you value ■ Respect Management
in the work environment?' ■ Honesty r Leadership
■ Humor ■ Professionalism
t! ■ "What do you see as the Department
mission?' ■ Laughter r Quality Training
■ "How do you want to be treated by your ■ Trust ■ Fairness to All
r Tea
coworkers?' mwork
1
Discussion Results: Mission 11 Discussion Results: Treatment
s Provide good. ■ Go the extra mile. a Respect ■ Treat others as you
courmotu, prompt ■ Provide a hlgh-quality r ■ Treat as equals (no want to be treated.
service. product. > g favoritism) a Be friendly to one
■ Operate Professionally. a Fairness to all another.
a the city ■ Be consistent ■ Be trustworthy.
kdrashucriue to the
best of our ability. a Deal with IndNidual
problems: do not punish
the whole group.
Follow Up to Discussion Public Works Mission Statement
■ Management staff developed drafts of "The Public Works Department proudly
Mission Statement. Slogan and list of Values. provides stewardship over the City's
• Managers met with each division to review water, sanitary sewer, storm drainage,
drafts. streets, fleet, buildings, and parks
• Final All Staff meeting on September 30, services in a safe, afifcient. courteous and
2004 professional manner."
■ Final comments and changes
• Celebration luncheon
Public Works Slogan
Public Works Core Values
"Taking care of the community" Professionalism
Respect
Integrity
Dedication
Enthusiasm
2
Other Follow Up % r. Next Steps:
■ Public Works customer satisfaction survey.■ Slogan on PW business cards
■ Proposed for Introduction after January 1, ■ Slogan on door decals
2005.
■ Make Mission Statement, Slogan and Core
Values visible.
„ ■ New clothing policy v i ■ Conduct our business In accordance with our
Mission and Core Values.
■ Mission and Values will become part of
performance reviews.
s Review Mission & Values biannually.
Slogan: Door Decal Example
&AL
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3