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City Council Packet - 05/16/1983 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an agenda item needs to sign on the appropriate SPECIAL MEETING AGENDA 30 P.M. sign-up sheet(s). If no sheet is available, MAY 16, 1983, 7 FOWLER JUNIOR HIGH ask to be recognized by the Chair. Non-agenda LECTURE ROOM items are asked to be kept to 2 minutes or less and are heard at the discretion of the Chair. 1. SPECIAL MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff, Council & Audience For Non-Agenda Items Under Open Agenda 2. CONSENT AGENDA. These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by Council for discussion and separate action. Motion to: 2.1 Receive and File: • Departmental Monthly Reports & Update • Legal Opinion Regarding Missing Council Meeting • Washington County Housing Authority Memo 2.2 Approve Council Minutes, February 14, 1983 2,3 Review and Forward Draft Copy of Senior Center Agreement 2.4 Approve Caretaker Agreement 2,5 Approve Finance Director Signature Authorization 2.6 Accept Calway Hills Parking Request _ 2.7 Approve RESOLUTION NO. 83- 43 Accepting Public Improvements London Square (Cambridge Square) 3. LID UPDATE REPORT • Public Works Director 4. DARTMOUTH EXTENSION REPORT • Public Works Director 5. ASH/PACIFIC LID, #38 (continued from 5/9/83) • Public Hearing Opened • Summation by Public Works Director • Public Testimony: Opponents, Proponents • Public Hearing Closed • Council Consideration and Action • RESOLUTION NO. 83- 6. INITIATIVE PETITION - REPORT/VERIFICATION & FILE • City Reco_der 7. DEVELOPMENT CODE & MAP DISCUSSION • Director of Planning & Development 8. S.W. 100TH AVENUE SANITARY SEWER LID #41 -ENGINEER'S REPORT • RESOLUTION NO. 83- • Public Works Director 9. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair ssed at this time. All persons are under item 1.3 will be discu encouraged to contact the City Administrator prior to the meeting. Council will o into 10• SessionV under SORS 192.660T1(1)(d) City consider issues grelating Executive EXECUTIE to labor negotiations. 11. ADJOURNMENT COUNCIL AGENDA - MAY 16, 1983 - SPECIAL MEETING (0316A) TIGARD CITY COUNCIL SPECIAL MEETING MINUTES - MAY 16, 1983 - 7:30 P.M. 1. ROLL CALL: Present: Mayor Wilbur Bishop (arriving 8:10 p.m. ) ; Councilors: Tom Brian, John Cook, Kenneth Scheckla (arriving 8:54 p.m. & leaving 11:33 p.m. ) and Ima Scott (left 10:06 p.m. & returned 10:30 p.m. ) ; City Staff: Associate Planner Jeremy Coursolle; Engineering Supt. John Hagman; City Recorder Doris Hartig; City Administrator Bob Jean; Legal Counsel Ed Sullivan; and Finance Director Jerri Widner. In absence of the Mayor, Councilor Cook called the meeting to order. Motion by Councilor Cook to elect Councilor Brian temporary President for the purpose of starting the meeting. Motion seconded by Councilor Scott. Motion approved by unanimous vote of Council present. 2. CALL TO AUDIENCE, STAFF AND COUNCIL FOR NON-AGENDA ITEMS UNDER OPEN AGENDA o City Administrator requested the caretaker agreement be removed from consent agenda and noted that the executive session would be cancelled. 2.1 LaVelle Allen, 7540 S.W. Hermosa Way commended Director of Public Works Frank Currie and the city crews for the timely and expedient repairs of the streets in the triangle area. 2.2 Geraldine L. Ball, representing DJB Inc. and herself, of 11515 S.W. 91st Avenue spoke to annexation 41910. She had reviewed city files and did not t find the records complete. She submitted copies to be entered into the City files. I 3. RECEIVE AND FILE THE FOLLOWING: o Departmental Monthly Reports & Update o Legal Opinion Regarding Missing Council Meeting o Washington County Housing Authority Memo (a) Motion by Councilor Cook, seconded by Councilor Scott to receive and file. Approved by unanimous vote of Council present. 4. APPROVE COUNCIL MINUTES, February 14, 1983 (a) Motion by Councilor Cook, seconded by Councilor Scott to approve minutes. Approved by unanimous vote of Council present. PAGE 1 - COUNCIL MINUTES - MAY 16, 1983 5. REVIEW AND FORWARD DRAFT COPY OF SENIOR CENTER AGREEMENT (a) Motion by Councilor Cook, seconded by Councilor Scott to review and forward. Approved by unanimous vote of Council present. 6. APPROVE CARETAKER AGREEMENT (a) Item removed from agenda by consensus of Council. 7. ACCEPT CALWAY HILLS PARKING REQUEST (a) Motion b- Councilor Cook, seconded by Councilor Scott to accept parking request. Approved by unanimous vote of Council present. 3. RESOLUTION NO. 83-43 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN LONDON SQUARE (CAMBRIDE SQUARE) SUBDIVISION, SUBJECT TO HEREIN SPECIFIED CONDITIONS. (a) Motion by Councilor Cook, seconded by Councilor Scott to approve. Approved by unanimous vote of Council present. 9. LID UPDATE REPORT (a) Geraldine Ball, representing herself and DJB Inc. of 11515 SW 91st Avenue, requested list of property owners involved in LID #42 - 68th Avenue Sewer and Street LID. Staff reported data was being assembled for an informal hearing with the property owners. No notices have been mailed. Councilor Scott inquired about the status of the 72nd Avenue LID rights-of-way that was donated to City and acquisition of others, property. She noted contractor has a deadline to meet and wondered why the work was not proceeding. City Administrator responded City has a performance bond for contractor to meet terms of contract and deadline. Further discussion followed regarding progress on the 72nd } i LID. City Administrator suggested discussion be continued in executive session to more specifically answer Councilor Scott 's s question. Staff to prepare written report for next City Council meeting. 10. DARTMOUTH EXTENSION REPORT s (a) Supt. of Engineering Hagman noted Council had two agreements before them, one for payment of engineering services to be signed by the impacted property owners and the other, for engineering services with R.A. Wright Engineering. The five property owners have verbally agreed to the agreement. 3 8:10 P.M. MAYOR BISHOP ARRIVED i PAGE 2 - COUNCIL MINUTES - MAY 16, 1983 j (b) Motion by Councilor Cook, seconded by Councilor Scott to enter into an engineering agreement with R.A. WrightIIt ofeering subject serviceswith the five the City entering into an agreement for pay property owners. Motion approved by unanimous vote of Council present. 11. S.W. 100TH AVENUE SANITARY SEWER LID #41 - ENGINEER'S REPORT Engineering Supt. Hagman reviewed staff report and noted Plat SP1 exhibit is the proper legal description. Staff recommended proceeding with the 3 lot project. RESOLUTION NO. 83-44 DECLARING AN INTENTION TO CONSTRUCT CERTAIN SEWER IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A SEWER IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS S.W. 100TH AVENUE SANITARY SEWER EXTENSION LID #41; DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED; APPROVE AND ADOPTING PLANS AND SPECIFICATIONS FOR THE WORK AND ESTIMATES OF THE CITY ENGINEER; AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. (a) Motion by Councilor Brian, seconded by Councilor Cook to adopt. Approved by unanimous vote of Council present. 12. DEVELOPMENT CODE & MAP DISCUSSION Associate Planner Coursolle gave staff report and brief overview of the development code. The purpose of the report was to allow Council to review and suggest changes. Council discussed and gave staff further direction. 13. INITIATIVE PETITION - REPORT/VERIFICATION & FILE (a) City Recorder noted memo reporting the required number of signatures had been verified and called attention to the number of time lines that begin running with the filing. City Attorney commented Council has 30 days from tonight to take action; send the measure to the voters, and/or send competing measure to the voters. He suggested Council direct staff to prepare 20th election so they could be filed by resolutions for the Sept. June 13th deadline. Council discussed whether to have a competing and measure. It was noted TURA Advisory Board Meets 5/17/83give staff consensus was to discuss matter further on May 23 and g further direction. Discussion followed as to when the consultants report would be ready. City Administrator will request con lorat Scott to make a preliminary report to Council by 6/13/83. Counc requested copy of all TURA Advisory Committee packet materials be forwarded. 8:54 P.M. COUNCILOR SCHECKLA ARRIVED PAGE 3 - COUNCIL MINUTES - MAY 16, 1983 Motion by Councilor Brian, seconded by Councilor Scott to accept from the City Recorder the initiative petition for amendment to the charter and City Recorder report. Approved by unanimous vote of Council. 14. ASH/PACIFIC LID #38 (continued from 5/9/83) Public Hearing Opened Finance Director Widner summarized her Council and Staff report noting the specific concerns and conditions of the resolution. Council and staff discussed risk the city may be taking, policy issues, how to minimize the risk with conditions, status of GI Joe's lease, chapter 11 bankruptcy and foreclosure proceedings. Steve Janik of Ball, Janik and Novack, representing developer JB Bishop, 1470 Oregon Main Place, Portland summarized the project, noting the public improvements that will benefit the city and the use of the LID process. He stated they were working to reduce the risk of the city. He noted the value of the property and mentioned various conditions they were receptive to that would protect the city's interest. He suggested Council approve the resolution in principal and authorize staff to work with the developer and try to resolve some of the outstanding items. The most significant conditions to reduce the risk are: Obtain a signed lease agreement with GI Joe's that would obligate the store to pay 34% of the LID bond assessments. Include a provision in the GI Joe's lease that would transfer rent money to the city to cover LID payments if the developer fails to pay. Establish a reserve fund as a cushion for lengthy foreclosure proceedings in case of default. Require monthly payments on the LID instead of the usual semi-annual payments. Discussion followed regarding other property owned by the Developer and why project was not completed. Developer responded work not completed due to downturn of general economy. Discussion then centered on conditions and execution of GI Joe's lease. City attorney reminded Council they were still in notice of intent to form the LID, and the city was not obligated to go ahead with the LID. The issue before the Council is, does the city want to go the next step. Discussion followed regarding the process. Opponent Ralph Furrer, spoke regarding the Pietros property and used it as an example of the developers dependability. He suggested the LID be held up until after the June Bankruptcy proceeding. He commented other developers could better handle the improvements. PAGE 4 - COUNCIL MINUTES - MAY 16, 1983 Attorney Janick submitted rebuttal to the issues. He noted the bankruptcy is to re-organize the assets and liabilities. The developer needs the LID/project approved to get lease signed and get project moving. Developer JB Bishop submitted rebuttal regarding Pietros project and spoke to GI Joe's lease and the project, keeping a cash reserve on hand and waiver of the time lire for lien foreclosure. COUNCILOR SCOTT LEFT 10:06 P.M. Public Testimony Closed RECESS 10:10 MEETING RECONVENED 10:30 P.M. - COUNCILOR SCOTT RETURNED City Administrator made the following suggestion to make clear instructions to staff. Amend the proposed resolution as folio%os. Page 2 Item D of resolution be changed from the 60 days to 30 day cycles, se payments after 24-36 months of amounts equal to 1/6th, allow s time payments and keep the money in reserve. Section 2 E The attorney would look to verify the rental income would equal 2-plus times the LID payments. ts ; the iver of any Add: 2 cost areas to paragraph on3 fopre-assessmentsofa voluntaryapayment and deficient assessment, penalty clause if involuntary payment; Add the ability to recover legal costs for enforcement. City Administrator suggested changes be at direction of Council. Attorney Sullivan commented developer has submitted letter saying they will pay ll actual costs upon submission of a bill and review or Council may require payment in advance. Further discussion held by Council regarding the protection of the public interest and limiting the risk. Consensus of Council was to have City Legal Counsel incorporate items of concern into revised resolution and bring back to Council May 23, 1983 meeting. (applicant toget copfees for for review) Discussion developed regarding applicant prepay g additional consultant opinions. Applicant agreed to make deposit. 15.1 DEPARTMENT REPORT - Public Works Councilor Scheckla inquired as to Department report regarding part-time secretary for public works operations as well as moving of office space. City Administrator responded as to reorganization of office space and that the clerical help was provided by the Green Thumb program. Councilor Scheckla expressed concern that this be a part time temporary position. PAGE 5 - COUNCIL MINUTES - MAY 16, 1983 15.2 CARETAKER AGREEMENT Administrative Assistant Linda Sergeant reported on tentative selection of the finalist and that the park board will be interviewing this week. Councilor Scott and Cook expressed interest in the selection process and assisting with reference checks. 15.3 APPROVE FINANCE DIRECTOR SIGNATURE AUTHORIZATION Councilor Scheckla stated he was not satisfied with the rationale expressed in the staff memo and wanted assurance he can go through the bills at any time. Staff assured him bills are available any time for Council perusal. It is proposed that two staff and two Councilors are authorized to sign. Motion by Councilor Scheckla, seconded by Councilor Scott not to change the authorized signature. Motion failed by 2-3 vote of Council, Councilors Brian, Cook, and Mayor Bishop voting no. COUNCILOR SCHECKLA LEFT 11:33 P.M. Motion by Councilor Brian, seconded by Councilor Cook to authorize signature of Finance Director as one of staff signatures along with a City Councilors authorized signature. E Motion passed 3-1 of Council present with Councilor Scott voting NAY. MEETING ADJOURNED 11:35 P.M. City Recorder - Ci y of Tig d v ATTEST: Mayor - City of Tigard PAGE 6 - COUNCIL MINUTES - MAY 16, 1983 Date May 16, 1983 I wish to testify before the Tigard City Council on the following item: (Please print your name) 1.3 Call To Staff, Council & Audience For Non-Agenda Items Under Open Agenda _lame, ?Address & Affiliation Item Description Tc- k DATE May 16, 1983 z { � I wish to testify before the Tigard City Council on the following item: (Please Print your name) {. ITEM DESCRIPTION: 5. ASH/PACIFIC LID, 438 PUBLIC HEARING (continued from 5/9/83) NT (against) ainst)g PROPONENT (For) ffiliation Name , Address and Affiliation Name, Address and A Scot;Tc 3 �, I�Sc r .f,,✓ a -p=:..R, ,aG ark., 9FLl� l F`[[f C 4 TO: Members of the City Council FROM: William A. Monahan, Director of Planning & Development��'�� DATE: May 12, 1983 RE: Washington County Housing Authority vided for your information. They concern The attached documents are pro he City recent correspondence between the Authority and twith tletterregardsto oththee Housing Element of the Comprehensive Plan. The most recent 1983 indicating the Authority's County was received by the City on May 9, policies. feeling that they have fully expressed their concerns about our housing p If you wish me to pursue this matter further to evaluate Councils policy 6. 1 .2 Y lease advise me. The City Attorney's and its possible conflicts with the County, p i office has suggested that we attempt to resolve our differences prior to sub- is sure to raise concerns. mittal to LCDC where the Authority s Please advise me iyou would like me oto attempt to negotiate with the f Authority and revise the language of Policy 6. 1 .2. THE HOUSING AUTHORITY OF WASHINGTON COUNTY P.O. Sox 988 — 560 S.E.Third Avenue, Hillsboro, Oregon 97123-0988 Phone:(503)648-8511 IN REPLY REFER TO, COMMISSIONERS O.H.D.—...Chairman qp r i l 27, 1983 T J.E—ct.Vice Cha=a� L.M Wa1Wce W J.F."Pat—k R P Hackt EXECUTIVE DIRECTOR Mr. Wilbur A. Bishop, Mayor D Page City of Tigard 12755 S.W. Ash Tigard, Oregon 97223 Dear Mayor Bishop: The Board of Commissioners of the Housing Authority of Washington County continue to have serious concerns regarding the housing element of the Tigard. Comprehensive Plan, and again request that certain changes be made before ratification by your city council on May 9, 1983- Policy 6. 1 .2, defines " subsidized housing" as "any housing devel- oped or constructed by the Washington County Housing Authority, with the financial assistants of the U.S. Department of Housing and Urban Development". There are innumerable other State and Federal Subsidized Housing Programs which would then be excluded from the definition so that the Policy has the express effect of being applicable only to the Washington County Housing Author- ity. The City of Tigard, in our opinion, has no evidence to show that the Washington County Housing Authority is a reasonable classifi- cation upon which to impose restrictions. The Policy violates the equal protection clauses of the 14th Amendment to the United States Constitution, and Article 1 , Sec- tion 20, of the Oregon Constitution; the former providing that no State "shall deny any person within its jurisdiction the equal protection of the laws", and the latter providing "no law shall be passed granting to any citizen or class of citizens privileges z or immunities which upon the same terms shall not equally belong L to all citizens". x It appears that the basic intent of the Policy is to dictate where subsidized low income persons may reside, the presumption being that the tenants of the Housing Authority are low income persons. 4 We therefore request that Policy 6. 1 .2 be eliminated in its entirety. Also, we would like to work with your planning department to effect serveral corrections on pages 23 and 24, prior to ratification. We would hope that the City not place us in a position of opposing your Comprehensive Plan before L.C.D.C. I look forward to hearing from you, and to improving our relationship in the future. fS erely, , n ZY' DAYT6N PAGE Executive Director DP/tp i The question" of how to provide a sufficient supply of diverse housing at reasonable prices, while protecting the basic character of the community, is also relevant to residents who may have no housing problem of their own at the moment. In the absence of appropriate plans for housing, for example, middle-aged couples today may find it difficult to continue to live in the community when they become senior citizens, because their housing needs and financial capabilities are very different. Families with teenagers should also realize that, without proper planning, their children may not be able to live in the community when they are out making their own way in the world. FINDINGS, POLICIES, AND IMPLEMENTATION STRATEGIES This section reviews the problems related to housing and the recommended policies which suggest to the community ways to alleviate these housing problems. 6.1 HOUSING NEEDS FINDINGS 5.6% single o The il es Sdetached dwellings, 42.7% attachedard has units,nits, and developed 1a7S % manufactured faamy homes. 0 The Metropolitan Housing Rule adopted by the Land Conservation and Development Co-nission states that Tigard must provide for 50 percent single family and at least 50 percent single family attached or multiple family units with a minimum of 10 units to the net acre. The Metro Housing Rule applies to only vacant buildable land within Tigard's Urban Planning Area, and does not affect established and developed residential areas. o The rapid increase in housing and land cost over the last several years has excluded many households from obtaining suitable housing to meet their needs. 0 Many of the households that do not desire or are unable to afford conventional single family detached dwellings rely on the rental market or attached dwellings to meet their housing needs. o The rapidly changing housing market will require the City to periodically to reevaluate its housing and land use objectives to provide for a variety of housing types and densities to meet the needs of future residents. 0 Approximately 19 percent of the households in Tigard are inhabitated by senior citizens. o Undue concentrations of public assisted or subsidized housing serves to isolate the recipients of such housing from the mainstream of the community, its full range of basic services and the diversity of its neighborhoods. For this reason, the City should take steps to disperse such housing within individual neighborhoods and throughout the City itself. -2- POLICIES 6.1.1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR A DIVERSITY OF HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICE AND RENT LEVELS. 6.1.2 SUBSIDIZED HOUSING UNITS SHALL CONFORM TO ALL APPLICABLE DEVELOPMENT STANDARDS. TO PREVENT THE GEOGRAPHIC CONCENTRATION OF PUBLIC HOUSING AND INSURE A BALANCE IN THE DISTRIBUTION OF SUCH HOUSING, THE MINIMUM DISTANCE BETWEEN SUBSIDIZED HOUSING UNITS LOCATED WITHIN ANY SINGLE FAMILY ZONING DISTRICT SHALL BE FIVE TIMES THE MINIMUM LOT WIDTH ON ANY STREET IN THE DEVELOPMENT. FOR PURPOSES OF THIS POLICY, THE TERM "SUBSIDIZED HOUSING" SHALL MEAN ANY HOUSING DEVELOPED OR CONSTRUCTED BY THE WASHINGTON COUNTY HOUSING AUTHORITY WITH FINANCIAL ASSISTANCE OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. IMPLEMENTATION STRATEGIES 1. The City shall monitor the rate of development through an annual "land survey," which will function as an up-to-date inventory of land available for future residential needs. 2. The Tigard Community Development Code shall list a broad range of development districts which allows for a variety of housing types, and k complies with the adopted Metropolitan Housing Rule (50-50 mixture of single family and attached or multiple family at 10 units to the net acre on buildable vacant land) . 3. The Tigard Community Development Code, through the Planned Development process, shall establish a procedure to allow properties exhibiting physical constraint characteristics, e.g. , steep slopes or floodplains, to develop with density transfers allowable on the site. No more than 25% of the dwellings may be transferred. In addition, the laity shall encourage developers to use the planned development process in all developing areas. 4. The Tigard Community Development Code shall allow for manufactured homes in manufactured home parks and subdivisions, within specified development districts. 5. The City shall encourage housing development to occur, to the greatest extent possible, on designated buildable lands in areas where public facilities and services can be readily extended to those lands. 6. The City shall provide for opportunities for proposals to develop specialized housing for the area's senior citizens and handicapped based on the needs of these groups by: a. Making information available on subsiding programs; l b. Allowing special use housing for these groups in all development districts; -3- c. Requiring the needs of the handicapped to be considered as a part of 'the Site -Design Review process. 7. The City shall coordinate with the Washington County Housing Authority, H.U.D. and other Federal, State and regional agencies for the provision of subsidized housing programs in Tigard. 6.2 HOUSING COSTS FINDINGS o The factors that have contributed to the increasing housing costs are materials, labor, land costs, financing and regulation costs. (The average sales price of a new single family home increased from 122,700 in 1970 to $45,000 in 1976, to over $76,000 in 1980. ) o Land and regulation costs have dramatically increased the cost of development. o Construction costs may be reduced by building smaller units and using alternative construction techniques. o Excessive regulation costs can be reduced by simplifying the application process and reducing unnecessary development standards. f o Financing costs of residential units cannot be controlled by the City of Tigard; however, the City can assist in public facilities and services development through financing mechanisms. POLICIES 6.2.1 THE CITY SHALL DEVELOP CLEAR AND CONCISE DEVELOPMENT REGULATIONS AND STANDARDS TO FACILITATE THE STREAMLINING OF DEVELOPMENT PROPOSALS, AND WILL ELIMINATE UNNECESSARY PROVISIONS WHICH COULD INCREASE HOUSING COSTS WITHOUT CORRESPONDING BENEFIT. IMPLEMENTATION STRATEGIES 1. The City shall review, revise and update the land division, zoning and sign codes. The corresponding document will be grouped in a single code and identified as the Tigard Community Development Code. 2. The Tigard Community Development Code shall include clear and concise processes for the review and approval of development proposals, to the degree that the quality Of the review process is not adversely affected. This will be accomplished by, but not limited to: a. Administrative Procedures; -4- CITY®F TIGA ID WASHIIdG'YON COUNTY.OREGON 7 Y: �-`AA$F]t�. 28, :1983`• s i X* t � �t�{��w r� �� :_ .. ' l {DiF1 110' rC )"tgt t:t . .!e.. §•s�`7 '`, �s ,2`y ', irrsr,`�_,1- Y.`l�,y* � « lY'Lbs T xe7+'jxyT1 Y�r}y tat Its tp .n 0i r •'� S rd1�e LCiiYYY tl pY•.. 560 SE Third A-venue Hillsboro, Oregot1;. 97123-0988. T gar 's �3Yeeagx®e � sa .X-Gs`w�' �'iY*•. 4t^f•�k "'t' A.Mi 37 r. `y r r ITA r5 fi i n a' Sf � pis; is. 7 :1983 reasing your lSue riza��+ 0,�o. n »sail:' and s Comprehend.. Llan`: 4g�8t3g10 � cttcea �� Tigard: City. :Council meeting Vill s'�? 30 PM to e�r�es$ your }y� ratification of 'the plas3. ::Im: tha _beenreferred to the Dirac:or o 1'1:i3*sniig' nd Devel6.�udent:siid the City Attorney's Office for ooiineut e - Thaak'..ynu fos.•'your:conderdz .I• looms' £o and to your further comments .083y .9 s i Eby 4T11bur j2A;"`'Bishop, 'Mayor Cit�:;A ' gaid WAB:p}r ace PAU-- I`10IjIAjjn n,( p F. 4 12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 :kl O'DONNELL. DATE May 5, 198:3 SULLIVAN & RAMIE Director ATTORNEYS AT LAW TO Bill Monahan, Planning 1727 N.W. HOYT STREET PORTLAND. OREGON 97209Assistant City Attorney 15031 222-4402 FROM Susan Schneider, RE City of Tigard - Planning & Zoning Comprehensive Plan - Housing Element I have reviewed the letter of April 27 from Dayton Page, Executive Director of the Washington County Housing Authority. Regardless of the merits of his arguments, Mr. Page' s objections sat LCDe Will cost the City money. In the letter he Sugg Y our and the Housing Authority sit down and work something out. If I believe the there is any way to do that, I suggest you do so. -result would be the best plan element as well as the least costly alternative to the City. Pte' SKS:pm cc: EJS t y 1 THE HOUSING AUTHORITY OF WASHINGTON COUNTY P.O. Box 988 — 560 S•E•Third Avenue, Hillsboro, Oregon 97123-0988 Phone:15031648-8511 ' IN REPLY REFER TO'. CCMMISSIONERS. D.H.Dittman.Chawman T.J.E_,.Vfce.CDawman L M.Wallace May 9 a 1983 W.J.FitlPatnck {{{ �1/ R.P.Hack1 rMAY ; 1EXECUTIVE DIRECTORrrr���••• LlD.Pas. Mr. Wi lbur A. Bishop, Mayor City of Tigard 9 1983 12755 S.W. Ash Tigard, Oregon 97223 CI-1-Y OF DGARD SUBJECT: Your letter dated April 28, 1983 PLANNING DEPT. } Dear Mayor Bishop: Since we have fully expressed our position regarding the City of Tigard's housing element of the Comprehensive Plan in our position paper submitted to your council on February 7, 19839 and our letter of April 27, 1983, we would have nothing more to add at this time. Previously we supplied your city planner with the location of all of our units and he has seen all of the units we currently own. We would hope that the Mayor and Council will agree that as long as we meet all zoning and like ordinances, we should not concern ourselves whether a wealthy person or an impoverished person occupies the same residence. To us, this would seem to not be a permissible subject to local governmental control . We would be pleased if the city affirmatively plan, provide and adopt regulations and policies toward complying with L.C.D.C. Goal 10, starting with the deletion of Policy 6. 1 .2. S' c rely , /2e)/-N DAYT N PAGE Exe utive Director DP/tp ALM CITY OF TIGARll PUBLIC WORKS OPERATIONS April Report OPERATIONS OFFICE: 1. Hired a part time Secretary through Green Thumb program. 2. Set up a daily Work Report Program for each section. 3. Set up a daily Individual & Annual Equipment cost recording system. 4. Set up a yearly Inspection Checklist for the equipment and vehicles for winterizing, D.E.Q. , fire ext. , and 1st aid kits. 5. Set up a new equipment and vehicle numbering system. 6. Set up a new Fuel charge out system. 7. Set up and updated all the Equipment Files. 8. Moved Police Evidence and Storage Room. 9. Moved Operations Office to new location. WASTE WATER: 1. Hired a new crew chief. 2. Updated old filing system and made up new files. 3. Starting to locate and identify manholes and catch basins. 4. Starting to clean storm drains and set up a program. 5. Fabricate a new Service Truck for the.T.V. Trailer. 6. Installed a new box on front of cleaner for storage of debris when on the job. 9. Built new crew chief office. STREETS: 1. 31 hours of street cleaning 2. 131 hours of street patching 3. 34 hours of sign maintenance 4. 232 hours of street repair, bridge repair, brush and grass work, and street marking and painting. 5. Built new crew chief office r K PARKS: 1. 151 hours of mowing parks 2. 8 hours repair damage to restrooms caused by vandels. 3. 53 hours on ballfield maintenance. 4. 9 hours cleaning restrooms. 's SUPPORT SERVICES: 1. 39 hours of PM on 12 units. 2. 134 hours on scheduled repair for 21 units. 3. 12 hours on unscheduled repairs. 4. 32 hours on building maintenance. 5. 162 hours of General Support for City Hall, Parts Run, moving comp- uter tapes, Police Dept. , and helping out other Sections. 6. Fabricate and install storage box on pressure cleaner for line debris. 7. Set up Parts Room. s 8. Start to paint inside of garage & parts room (used Community Service t Workers) . 9. Paint outside of garage (used Community Service Workers). i s i .7ARD LIBRARY PUBLICPhone 639-9511 12568 SW Main-Tigard. Or. 97223 MONTHLY REPORT April 1983 OREGON LIBRARY ASSOCIATION: Librarian and Assistant Librarian attended Oregon Library Association meeting in Eugene, April 6-9, attending workshops and association wort: sessions. OFFICE OF REP. LES AUCOIN: In response to a letter written by Library Board Chairman, Walt Munhall, Kevin Smith from U.S. Representative Les AuCoin's local office met with the Librarian and Board Chairman. Discussion centered on need for new facility and impact of recently ap- proved federal funds for construction, renovation and remodling of library buildings. Smith emphasized need for matching funds under this program and promised to keep the Library Board informed regarding this new program as well as any other possibilities for help in obtaining better library space. COMPUTER GRANT:. A grant was submitted to thc. State Library requesting funds to purchase an Apple II computer for the primary purpose of participating in an electronic mail pilot project proposed by Washington County Cooperative Library Services (WCCLS) . The computer would also be used for certain in-house record-keeping tasks. WCCLS: Work continues on the 5-year plan for the WCCLS network. As portions are completed they are being presented to the professional board for changes, additions, etc. Two meetings have been held to discuss plans for the next WCCLS operating levy. City managers and li- brarians have agreed: (1) The duration of the levy will be three years; (2) March 27, 1984, will be the levy election date; (3) Automation will be included. Still to be agreed upon is the amount and distribution of levy funds. VOLUNTEERS: 7 volunteers have been trained and are working for a total of 23. Volunteer Y rs totaled 152.5; daily average 5.9 hours. YOUTH SERVICES -- John Henshell: The children's cassette recataloging project has been completed. There are 36 cassettes in the collection. More will be added through a gift from the Friends of the Library. The juvenile non-fiction collection is being added to in an effort to meet requests and obvious needs. Circulation continues to rise over last year by about 25%. s OUTREACH & SENIOR SERVICES -- John Henshell: The large print collection was increased by six books to include Valley of the Horses. i A WCCLS display "Our Yesterdays" was featured. This consisted of pictures of Washington County senior citizens who had written and tape recorded their life stories. The books ` and tapes circulated. WORK INDICATORS: April 1983 April 1982 Adult Books 6649 6905 Juvenile Books 2547 2167 Interlibrary Loan 96 105 Magazines 562 482 Records/Cassettes 122 226 Other 60 47 Total Circulation 10,036 9,932 Days of Service 22 22 Average Daily Circulation 456 452 Increase - Circulation 1% i Reference/Readers' Advisory 512 552 r Materials Added 677 403 Materials Withdrawn 553 515 Story Time Total 54 64 Borrowers: new/renewal 201/102=303 199/96=295 d MEMORANDUM TO: Mayor and City Council FROM: Jerri L. Widner, Finance Director DATE: May 10, 1983 SUBJECT: DEPARTMENT REPORT - APRIL 1983 0 Since beginning my employment with the City of Tigard April 18, 1983; I have been reviewing the Financial Services department systems and getting to know the employees of the City. As you are aware, one of the goals of the City is to streamline systems. With this in mind, each department has had to learn to do more with less resources. This week, I met with my Division and Section leaders to discuss my plans to streamline Finance and Services. Some of the changes include the accounting concepts of internal control and separation of duties. The main shift has been in separating the various functions and defining under whose direction they belong. The changes I have suggested will be implemented as time and materials allow. ® The first quarter report of 1983 was distributed to you at the April 18, 1983 City Council meeting. The next scheduled report will be following the June 30, 1983 closing. The Muncipal Court report for April is included for your review. i r i G chi r+ —4 0 cd b $4 •r+ —4 Aj a � 0 G O O a!'1 r 01% O •Elu'1 'V O N o O to •rt T'b; i+ A 0 4J W }.i O O •rt Cc 41 O41 ca . A v 1 bO cc Q C: 4 d; G 4j . 4 N o G o O 6 oHG P` r4 O x z o C� b a "' }+ O 1-4 41 w Goa C U z4 cn cis co 0 d G r- N aD O 41 P4 N 14 •rl Q to b x w z 0) �� w 0 n. 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H A rr OI 0 44,��. z' G.U d O Cs. >+; + U O. � w •� +� O d OF+ ,G CL N O C:cn d •rl W 41 ON bN O ^ N �O O O=1 CIS ( F+ H m O N L+N�•rl U O .0 ED gn.41 44 p 34 6w r O O O r' O O O O O O U i O O O O L N N w o 4Wi 0 ami � o rn -zr rA G O N, M N L P ... EQ� U W N 6 cn to -Ch clr to yr P4 ■ z w 0 H d H H H d � cY1 O 00 G ra M O O W -4 4 N O O U r-+ O M �O 1 _O �.0 � F V., P4 0 A. w � ca bo 0 O 4j •b ^ -4 W N :3 u yr O O�0 W $4 W �CQ:41 a ?.•J ci CD P4 r-1 �+ -4 0 W � � A w H .(A •e0 93 P4 0 4.3 a .c O a: V � d w w � � � P) 41 ct � � � o0w ,., 6 Ou o a� r4 qu toco cc p go w •.� 0 t7 H y� k'". Z .`F. >+ •0 •rl QI �� •W cc tCsy+ 41 W Cc7 .N W ~ N a� W QN �G 0 41 0 arA JC: O co 03 w to w CA cd 10 r t Oo�44 n. d TO: Mayor and City Council FROM: William A. Monahan, Director of Planning and Development �;`tj �`` ✓�� DATE: May 12, 1983 RE: Department Report - April 1983 The following monthly updates are attached for your review: I . Code Enforcement Activity 2. Annexation Report Figures for the Approval Authority update and Building Activities are not available at this time. Both areas have had a great amount of activity lately as building has increased substantially in Tigard. The resultant activity has caused the limited staff to be forced to choose between processing permits or preparing the reports. As a result the report will not be available for another week to allow for checking of all final figures. The Comprehensive plan activity in April was devoted mainly to preparing draft sections of the development code and preparing for potential changes suggested to the plan for consideration at the May 9 ratification meeting. Many inquires were received from property owners and potential developers. 4 cs w C O C L+ I ° m ° -4 a U G 3 d m •-� .+ G G _ d ° f " P d °r Or 2 I 0 m m o a s..• a �" x .+ m w 3 d > s +c � - to C df p M m .J m N U C,; Y m m d U •.+ a) b C y Oo C c+ LR+S O m 00 L y .. 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N w -W .! r — a: E EE Y Y O O E E Y y 0. 0. 6 Y U V U U C C U V O O O O O O O O C C U U U U U U C C C U z C J -� c ro U ul 00 CO O E O 1N. 'O CV ro L y \ ra ro C ro C O \ v 1 �.1 14 Orj N C y=3 0 .roi C 7 U 14 m Rro U �. 1J N yC,i N Y •-1 G 'O N cJ 10C L CJ U3L C O C N >. > A 3 v ro �-+ O <I O U C SN3t4StiVd34 SN3WdOl3A3C ONV ONINAV'Id - S2iod3i! NOISVX3NNV T =ID� - F PD .. APRIL-MAY, 1983 TRAINING NEWS o Officer James Call has been accepted and is planning to attend the Northwestern School of Law, Lewis & Clark College, this fall. o City Recorder Doris Hartig will be attending the LGPI "Developing & Conducting Job Related Interviews" seminar May 17-18. o PBO Group met April 20 to discuss work measurement. o Investigator John Goldspink and Detective Sergeant Lonnie Branstetter attended a Rape Awareness Seminar sponsored by Oregon State Police April 28-29. 0 TEAM met April 13, April 22 and April 29. o Court Clerk Billie Rawlings attended the Oregon Association for Court Administration Spring Conference April 24-26. o Police Officer Darwin Deveny and Sergeant Chuck Martin received their certificate from the Washington State Criminal Justice Training Commission for completion of 24 hours in K-9 Association training April 8-10. Newton attended the American Planning o Associate Planner Liz Association National Planning Conference April 18-20. o Librarian Irene Ertell and Assistant Librarian George Anne Clingan attended the Public Access to Legal Information workshop sponsored by WCCLS on March 30th. Irene and George Anne also attended the Oregon Library Association Annual Meeting April 6-9. o Billing Clerk Randy Stevens has enrolled in the Portland C mmunity College Principles of Accounting I class. o City Recorder Doris Hartig attended the Oregon Municipal Finance Officer's Association Annual Conference from April 10 thru April 12. o Bob Jean attended the Oregon and Washington City Manager's Conference from April 12 thru April 15. 0 An All Managers Meeting was held April 19th at the General Motors Training Center. o City Administrator Bob Jean and Public Works Director Frank Currie attended the APWA Storm Water Conference April 4-6. 0 PERSONNEL NEWS o Alice Carrick was promoted to Support Services Division Manager within the Police Department on March 31, 1983. o Robert Wheeler was promoted to Lieutenant within the Police Department on March 31, 1983. o Jerry Liebertz resigned as Billing Typist in the Finance Department. Jerry now works for Baby Land Diaper Service. 0 Wally Avery was hired as Public Works Waste Water Crew Chief on April 4, 1983. Welcome aboard Wally: f o Remodeling of the Public Works Shops is nearly complete. The remodeling utilizes existing space more efficiently and adds much needed space for Police property storage. ti �r POLICE DEPARTMENT CONSOLIDATED MONTHLY REPORT FOR MONTH OF APRIL 19_ 83 _ DISTRIBUTION OF PERSONNEL AVERAGE ` NUMERICAL. STRENGTH DAILY ABSENCE II A"ERAGE EFFECTIVE STRENGTH End of Same This Same This Lase Same this Month Month Month Month Month Month Month Last Last Last Year Year Year TOTAL PERSONNEL 28 29 11.4 10.5 16.6 17.4 18.5 CHIEF'S OFFICE 3 3 1.6 1.0 1.4 2.0 2.0 SERVICES DIVIS. 7 7 2.7 2.2 4.3 4.1 4.8 PATROL DIVISION 13 16 4.5 5.8 8.5 7.6 10.2 TRAFFIC DIVIS. 2 0 .8 0 1.2 1.4 0 INVEST. SECTION 3 3 1.0 1.5 1.9 2.2 1.5 FORCE ONE 13 13 5.3 5.0 7.7 7.8 8.0 FOr TWO 8 9 2.9 3.1 5.1 5.2 5.9 _ FORCE THREE 7 7 3.2 2.4 3.8 4.4 - 4.6 CHANGES IN PERSONNEL DAILY-AVERAGE PATROL STRENGTH 1. Present for duty end of last month 28 11 This Same Month Month Last Year 0 2. Recruited during month 0 1. Total number field 3. Reinstated during month 0 officers 15 16 Total to account for 28 2. Less Agents Assig- 4. Separations from the service: ned to Investigat. 0 0 (a) Voluntary resignation 0 3. Average daily abs- ences of field off- (b) Retirement 0 icers owing to: (c) Resigned with charges pending 0 (a) Vacation, susp- ension, days off, (d) Dropped during probation 0 comp. time, etc. 5.1 5.4 (e) Dismissed for cause 0 (b) Sick & Injured .l •4- (f) Killed in line of duty 0 (c) Schools, etc. .1 Total average daily (g) Deceased _ 0 _ absences_- 5.3 5.8 Total separations0 4. Available for duty 9-7 5.' esent for duty at end of month 28 Paee one TIGARD POLICE DEPARTMENT Monthly Report I. Calls for Service: This Month 704 Year to Date 2,539 A. Obligated Time 1,650-0 B. Non-Obligated Time 772.5 II. PART I CRIMES == No. Cleared Arrests A. Homicide B. Rape 2 2 C. Robbery 4 D. Assault 9 8 5 E. Burglary 31 _3 5 F. Larceny 54 15 16 G. Auto Theft 3 3 — 3 Totals 101 31 31 III. PART II TOTALS :•:3: 66 44 48 TO'T'AL - Part I and II 167 75 79 IV. TOTAL PERSONS CHARGED: 79 a. Adult Male 28 c. Juvenile Male 34 b. Adult Female 14— d. Juvenile Female 3 V. WARRANTS SERVED 16 48,077.81 TOTAL PROPERTY RECOVERED $10,699.26 VI. 'DOTAL PROPERTY LOSS $ ---- VII. TRAFFIC a. Accidents Investigated 36 Injury Accidents 10 Fatal 0 b. Cit_ations: VBR (Speeding) 41 Yield Right of Way__±__ Following too Close 3 Red Light 40 Stop Sign_ 8 Improper Turn 5 Reckless Driving-Z-_ Careless Driving 15 Driving Under the Influence 9 Driving While Suspended 10 Other Hazardous 60 Non-Hazardous 66 Total Hazardous 199 C. Enforcement Index 19.90 d. Traffic Enforcement Totals 1167 Citations: This Month This Year 265 Year to Date This Month Last Year 229 Last Year to Date 1132 Warnin�zs:_ This Month This Year 47 Year to Date 161 This Month Last Year 44 Last Year to Date 3 NOTE: - Part I Crimes (Major Crimes) Clearance Rate 30:7% �'::: Part 11 Crimes (Minor Crimes) Clearance Rate POLICE DEPARTMENT MONTHLY REPORT April, 1983 TO: City Administrator/City Council FROM: Chief of Police I. Personnel: The department continues to be down one from full strength, with only 28 employees. There was no employee turnover this month. The average daily department strength was 16.6 as compared to 18.5 of April, 1982. By division, the breakdown is as follows: Administration 1.4; Services Division 4.3; Patrol Division 8.5; Traffic Division 1.2; and Investigative Division 1.9. II. Service Delivery: The department responded to 537 non-criminal calls for service this month in contrast to 477 calls in 1982; year-to-date 1,826. Patrol Division's obligated time was 1,650.0 hours vs. 772.5 hours of non- obligated time. III. Crime: } There were 101 Part I crimes reported this month; 115 were reported in April last year. Of the Part I crimes reported, 31 were cleared, or 30.7%. The departmen' responded to 66 Part II crimes and 44 were cleared. There were 79 persons charged this month as compared to 91 for this same time period last year. Part I crimes decreased 12.21/. this month over April of 1982. The Investigative Division worked 20 active cases this month; and cleared 6, or 30% of the active cases. The property loss was $48,077.81, and $10,699.26 was recovered, or 22.7;/0. z' S IV. Traffic: Patrol Division responded to 36 accidents, of that number 10 were injury. There were 265 citations issued, as compared to 229 for this same time period last year. In addition, 47 warnings were given. The enf6rcement index was 19.90• z V. Police Reserves: The Reserve Unit worked 392-1/2 hours this month assisting the department in policing the community. The majority of this time was spent out in the community on patrol and assisting citizens. See attached monthly report from the Reserves for a complete breakdown of t Y their activities. VI. Training: A. Captain Kelley Jennings began his training at the FBI National Academy in Quantico, g P on Virginia April 11. He is scheduled to complete this 11 week course on June 24. f Is i B. K-9 Training. Sgt. Martin and Officer DeVeny attended a 3-day school in Seattle on April 8-10. This training was provided by the Washington State Police K-9 Association, and consisted of classroom work, supplemented by demonstrations. 48 man hours of training was received. C. Rape Awareness School. On April 28 and 29, Det. Lt. Branstetter and Detective Goldspink attended a seminar at Salem to learn new procedures on rape awareness. 32 man hours were spent receiving this training. VII. Special Programs: (See attached reports for breakdown of activity on each program listed) . A. Narcotics Task Force B. K-9 Program C. Motorcycle Activity D. Alarm and Permit Recap VIII. Community Relations: A. 911 Central Dispatch. Chief Adams and Services Manager Alice CArrick attended a meeting on April 21 at the Fire District Building in Aloha. This meeting was to discuss a proposal for a consultant evaluation of our Emergency Communication System, and lasted 1-112 hours. B. Law Enforcement Council Meeting. On April 14, Chief Adams attended the monthly meeting in Hillsboro of the Washington County Law Enforcement Council. He spent 2 hours. C. Town Hall. On April 4, Chief Adams and Captain Jennings attended the Town Hall meeting at Fowler to discuss the budget. 2-1/2 hours were spent. D. Drug Talks. On April 6, Lt. Wheeler and Officer Grisham presented a drug education talk at St. Anthony's School to 35 parents. 4 man hours were spent. Also, on April 12, Chief Adams, Lt. Wheeler and Officer Grisham presented a drug education talk at Twality Jr. High School to 30 parents. 6 man hours were spent. E. You and the Law. On April 27, Officer Grisham gave a presentation to 15 teachers at Durham School on You and the Law. 2 man hours were spent. Respectfully submitted, B. Adams Chief of Police RBA:ac r - � r 4k3l,4v S44ill'9 p --FF � N �'ttp�a 0 JTZ ebb za .4 1 dS d � K hof n H zo rA H P4 � Q l 1 i j y 1 v � s SUS `�L too J St'SP jc�® �sOQI's A A 1 - R • MORE, ISO 1 !11,ll 1.111 - 4 MEMORANDUM May 2, 1983 TO: Chief of Police FROM: Lt. Robert Wheeler SUBJECT: April Monthly Narcotics Report The following is a brief recap of the narcotics cases worked as a Task Force effort for the month of April, 1983. There were 3 active cases worked, as follows: 83-0874 This case is an ongoing investigation that resulted in 3 arrests from the search warrant served on 98th Street last month, whereby a small amount of cocaine was seized. This resulted from the purchase of the 1-112 ounces of cocaine in the parking lot of Casa Lupita. The 3 arrests concluded this investigation. 83-1049 i received a complaint from a confidential informant that a person was growing marijuana plants at an apartment. Consequently, a search warrant was served at the Tigard Terrace Apartments, whereby some marijuana plants were seized that a white female adult was growing. The WFA was already in jail for probation violation, so the additional charge of manufacturing a controlled substance was added. Case concluded. 83-1072 An inter-agency investigation revealed there was a location in Beaverton that was the source of methamphetemine "street speed", and that this source was an outlaw biker's house. An affidavit for a search warrant was prepared and served by Washington County Sheriff's Office, Beaverton Police, and Tigard Police Departments. The said warrant resulted in two arrests for possession of a controlled substance (speed) , and 1 arrest for unlawful possession of a weapon; to wit, gun. There were a total of 7 arrests made due to the Task Force efforts. Drugs seized were marijuana and methamphetemine (speed) . There were 25 hours of volunteer time in April by Lt. Wheeler. Lt. Rober J. Wheeler Narcotic Unit Commander I RJW:ac MEMORANDUM May 5, 1983 TO: Chief of Police FROM: Sgt. Martin SUBJECT: April; 1983 K-9 Report Sir: During April of 1983, the K-9 unit responded to 16 calls for service. During the month five tracks resulted in 3 suspects being taken into custody, and one article of evidence being located. Seven buildings were searched and cleared. On April 1, two K-9's were called to Tigard High School on a bomb threat. The school was checked and cleared; students were returned to classes within an hour. Jake and Joey were invited to the Senior Problems class, along with their handlers. Five classes were visited, contact was made with about one hundred students. Additional presentations were made to a youth group at the LDS Church, and a training class was presented to the fire department. The team spent a total of six hours training. Officer DeVeny and I attended 24 hours of training in Seattle, Washington hosted by the Washington Police K-9 Association. This training will aid us in per- forming more effectively. i 4 k Respectfully., i Sgt. Chuck Martin 's CGM:ac € t i TIGARD POLICE DEPARTMENT MOTORCYCLE ACTIVITY MONTH OF APRIL 1983 VBR (Speeding) 35 YIELD RIGHT OF WAY 4 FOLLOWING TOO CLOSE 2 ICED LIGHT 24 :-STOP SIGN 2 IMPROPER TURN,LANE USAGE 45 RECKLESS DRIVING ' ' -CARELESS DRIVING 8 DRIVING UNDER THE INFLUENCE DRIVING WHILE SUSPENDED 1 OTHER HAZARDOUS 3 _- NON-HAZARDOUS 25 *TOTAL HAZARDOUS 124 *TOTAL CITATIONS 149 ME * ALARMS AND PERMIT RE-CAP Month of APRIL, 1983 THIS SAME MONTH °k TOTAL TOTAL % MONTH LAST YEAR CHANGE I THIS YEAR LAST YEAR CHANGE TOTAL ALARMS. . . . . . . 80 63 + 27% 456 N/A N/A a. False. . .. . . .. 78 62 + 26% 445 N/A N/A b. Bonafide..... 2 1 + 50% 11 N/A N/A Permits Issued. . . . . 6 N/A N/A 192 N/A N/A Permit Fees. . . . .. .. $85 N/A N/A I $3,170 N/A N/A Permits Revoked. ... 7 N/A N/A 13 N/A N/A Revoked Fees. . .. . . . $180 N/A ! N/A $585 N/A N/A MONTHLY SUMMARY STATEMENT: Permit Fees include $25 for late fee. There was a marked increase in false alarms this month. It's believed this increase was caused by some very close localized thunderstorms. Close bolts of lightning will cause a momentary power fluctuation, thus setting off many different types of alarms. i O'DONNELL. DATE May 12 , 1983 r / SULLIVAN & RAMIS p� ATTORNEYS AT LAW 5727 M.W. MOYT STREET TO Ima Scott , Councilwoman PORTLAND. OREGON 97209 P 15031222-4402 FROM Susan Schneider, Asst. City Attorney RE Absence from Council Meetings , vacancies in office FACTS : I received an inquiry from Councilsor Ima Scott asking whether absence from council meetings creates a vacancy in the position. The question apparently relates to the regular absence from approxi- mately one council meeting a month by one councilman. ISSUE: What creates a vacancy when a councilperson misses meetings? CONCLUSIONS : The charter is ambiguous as to whether a few, all , or most meetings in a period have to be missed for a vacancy to occur. However, the Council may find that the councilor has been "absent from regular meetings" and must make a declaration for the vacancy to exist. s DISCUSSION: The City of Tigard Charter provides for vacancies . Y "An office shall be deemed vacant. . . in the case of mayor or coucilman. . .upon his absence from } regular meetings of the Council and upon a declaration by the Council of the vacancy. " P }y L City of Tigard Charter, Chapter VII , Section 32. { The councilperson must be absent from "regular meetings" of the council for a vacancy to be declared. Regular meetings of the council occur on the second and fourth Monday of the month. A councilman presumably would have to be absent from these meetings . The charter is silent as to how many meetings may be missed. "Abandonment of office- is ordinarily a question of intention." 3 McQuillin Mun Corp §12 . 123 (3rd Ed. ) . The absence must be so long as to raise the presumption that vacancy was intended. Where a councilman specifically indicates in advance that his absence is not an abandonment and continues to perform all other duties it would be hard to make such a finding of intention. The Tigard City Council would be obliged to make some finding of fact which meets this charter requirement before declaring a vacancy. Then it would be up to the Council to determine that a vacancy exists by dE laration. ' SKS :pm cc: Bob Jean MEMORANDUM TO: Mayor and Council Members FROM: Linda Sargent, Administrative Assistant RE: Senior Center Lease Agreement DATE: May 5 , 1983 Attached please find a draft lease agreement for the Senior Center. It is only for Council review at this time. The agreement has been reviewed by the City Attorney ' s office and changes have been incorporated into the document. As you know, the original lease was entered into April 1 , 1981 and has not been renewed. The draft lease agreement incorporates the concerns addressed by Council members in the past as to the rights and responsibilities of the landlord . and tenant, such as use of the building, fee scheduled, grounds maintenance, and repairs without approval . If the draft meets your approval , staff would forward the agreement to the Seniors for their review and comment. F a Staff recommendation: The agreement be forwarded to the Seniors for their review and comment and that it be brought back to Council at a later date for final approval . Y { k S. f-; I ti THIS INDENTURE OF LEASE, made and entered into this day of , 19 , by and between CITY OF TIGARD, an Oregon municipal corporation, hereinafter called the lessor, and TIGARD SENIOR CENTER, LOAVES AND FISHES, a unit of Loaves and Fishes Centers, Inc. , an Oregon non-profit corporation, hereinafter called the lessee, WITNESSETH: In consideration of the covenants, agreements and stipulations herein contained on the part of the lessee to be paid, kept and faithfully performed, the lessor does hereby lease, demise and let unto the said lessee those certain premises, as is, situated in the City of Tigard, County of Washington and State of Oregon, known and described as follows: Tigard Senior Center 8815 S.W. O'Mara Tigard, Oregon 97223 and further described as Tax Lot , Washington County, Oregon. To Have and to Hold the said described premises unto the said lessee for a period of time commencing with the day of , 19 , and ending at midnight on the day of , 19 , at and for a rental of $1.00 for the whole and said term payable in lawful money of the United States at 12755 S.W. Ash Avenue, City of Tigard, State of Oregon, at the following times and in the following amounts, to-wit: Upon execution hereof. ® In consideration of the leasing of said premises and of the mutual agreements herein contained, each party hereto does hereby expressly covenant and agree to and with the other, as follows: LESSEE'S (1) The lessee accepts said letting and agrees to pay to the ACCEPTANCE order of the lessor the rentals above stat�a for the full term OF LEASE of this lease, in advance, at the times and in the manner aforesaid. USE OF (2a) The lessee shall use said demised premises during the PREMISES term of this lease for the conduct of the following business: provide nutrition and social services programs to the elderly and for no other purpose whatsoever without lessor's written consent. (2b) The lessee will not make any unlawful, improper or offensive use of said premises, he will not suffer any strip or waste thereof; he will not }. permit any objectionable noise or odor to escape or to be emitted from said premises or do anything or permit anything to be done upon or about said premises in any way tending to create a nuisance; he will not sell or permit to be sold any spiritous, vinous or malt liquors on said premises, excepting such as lessee may be licensed by law to sell and as may be herein expressly permitted. i AS i I i t (2c) The lessee will not allow the leased premises at any time to fall into such a state of repair or disorder as to increase the fire hazard thereon; he shall not install any power machinery on said premises except under the supervision and with written consent of the lessor; he shall not store gasoline or other highly combustible materials on said premises at any time; he will not use said premises in such a way or for such a purpose that the fire insurance rate on the building in which said premises are located is thereby increased or that would prevent the lessor from taking advantage of any rulings of any agency of the state in which said leased premises are situated or its successors , which would allow the lessor to obtain reduced premium rates for long term fire insurance policies. (2d) Lessee shall comply at lessee's own expense with all laws and regulations of any municipal, county, state, federal or other public authority respecting the use of said leased premises. UTILITIES (3) The lessee shall pay for all heat, light, water, power, and other services or utilities used in the above demised premises during the term of this lease except garbage service which will be paid by lessor. REPAIRS (4a) The lessor shall not be required to make any repairs, AND alterations, additions or improvements to or upon said premises IMPROVEMENTS during the term of this lease, except only those hereinafter specifically provided for; the lessee hereby agrees to maintain and keep said leased premises in good order and repair during the entire term of this lease at lessee's own cost and expense, and to replace all glass which may be broken or damaged during the term hereof in the windows and doors of said premises with glass of as good or better quality as that now in use; lessee further agrees that he will make no alterations, additions or improvements to or upon said premises without the written consent of the lessor first being obtained. Lessee shall maintain and repair any and all equipment utilized in lessee's use of the building as identified in Appendix B. (4b) The lessor agrees to maintain in good order and repair during the term of this lease the exterior walls, roof, gutters, downspouts and foundations of the building in which the demised premises are situated and the sidewalks thereabouts, and including furnace, water heater, electrical wiring, plumbing and doors. It is understood and agreed that the lessor reserves and at any and all times shall have the right to alter, repair or improve the building of which said demised premises are a part, or to add thereto and for that purpose at any time may erect scaffolding and all other necessary structures about and upon the demised premises aiid lessor and lessor's representatives, contractors and workmen for that purpose may enter in or about the said demised premises with such materials as lessor may deem necessary therefor, and lessee waives any claim to damages, including loss of business resulting therefrom. Lessee shall notify lessor within 15 days of such need to repair items in (4b). LESSOR'S (5) It shall be lawful for the lessor, his agents and RIGHT OF representatives, at any reasonable time to enter into or upon t= ENTRY said demised premises for the purpose of examining into the `• condition thereof, or any other lawful purpose. l t RIGHT OF (6) The lessee will not assign, transfer, pledge, hypothecate, ASSIGNMENT surrender or dispose of this lease, or any interest herein, or permit any other person or persons whomsoever to occupy the demised premises without the written consent of the lessor being fist obtained in writing; this lease is personal to said lessee; lessee 's interests, in whole or in part, cannot be sold, assigned, transferred, seized or taken by operation at law, or under or by virtue of any executeion or legal process, attachment or proceedings instituted against the lessee, or under or by virtue of any bankruptcy or insolvency proceedings had in regard to the lessee, or in any other manner, except as above mentioned. LIENS (7) The lessee will not permit any lien of any kind, type or description to be placed or imposed upon the building in which said leased premises are situated, or any part thereof, or the real estate on which it stands. ICE, SNOW, (8) If the premises herein leased are located at street level, AND DEBRIS then at all times lessee shall keep the sidewalks in front of the demised premises free and clear of ice, snow, rubbish, debris and obstruction; and if the lessee occupies the entire building, he will not permit rubbish, debris, ice or snow to accumulate on the roof of said building so as to stop up or obstruct gutters or downspouts or cause damage to said roof, and will save harmless and protect the lessor against any injury whether to lessor or to lessor's property or to any other person or property caused by his failure in that regard. OVERLOADING (9) The lessee will not overload the floors of said premises OF FLOORS in such a way as to cause any undue or serious stress or strain upon the building in which said demised premises are located, or any part thereof, and the lessor shall have the right, at any time, to call upon any competent engineer or architect whom the lessor may choose, to decide whether or not the floors of said premises, or any part thereof, are being overloaded so as to cause any undue or serious stress or strain on said building, or any part thereof, and the decision of said engineer or architect shall be final and binding upon the lessee; and in the event that the engineer or architect so called upon shall decide that in his opinion the stress or strain is such as to endanger or injure said building, or any part thereof, then and in that event the lessee agrees immediately to relieve said stress or strain either by reinforcing the building or by lightening the load which causes such stress or strain in a manner satisfactory to the lessor. ADVERTISING (10) The lessee will not use the outside walls of said SIGNS premises, or allow signs or devices of any kind to be attached thereto or suspended therefrom, for advertising or displaying the name or business of the lessee or for any purpose whatsoever without the written consent of the lessor; however, the lessee may make use of the windows of said leased premises to display lessee's name and business when the workmanship of such signs shall be of good quality and permanent nature; provided further that the lessee may not suspend or place within said windows or paint thereon any banners, signs, sign-boards or other devices in violation of the intent and meaning of this section. i a Moll LIABILITY (11) The lessee further agrees at all times during the term INSURANCE hereof, at his own expense, to maintain, keep in effect, furnish and deliver to the lessor liability insurance policies in form and with an insurer satisfactory to the lessor, insuring both the lessor and the lessee against all liability for damages to person or property in or about said leased premises ; the amount of said liability insurance shall not be less than $500,000 for injury to one person, $1,000,000 for injuries arising out of any one accident and not less than $100,000 for property damage. INDEMNIFICATION (12) The lease shall indemnify and defend the lessor from any claim, loss or liability arising out of or related to any activity of the lessee on the leased premises or any condition of the leased premises in the possession or under the control of the lessee. Lessor shall have no liability to lessee for any loss or damage caused by third parties or by any condition of the premises. The lessor shall indemnify and defend the lessee from any claim, loss or liability arising out of or related to any activity of the lessor on the leased premises. in the event any claim, loss or liability action is brought against either party, that party, at its own cost and subject to its reasonable approval of the counsel, may require the other party to defend such action. FIXTURES (13) All partitions, plumbing, electrical wiring, additions to or improvements upon said leased premises, whether installed by the lessor or lessee, shall be and become a part of the building as soon as installed and the property of the lessor unless otherwise herein provided. LIGHT AND AIR (14) This lease does not grant any rights of access to light and air over the property. DAMAGE BY (15) In the event of the destruction of the building in which CASUALTY, said leased premises are located by fire or other casualty, FIRE AND either party hereto may terminate this lease by giving written DUTY TO notice within 45 days of the date of said fire or casualty, REPAIR provided, however, that in the event of damage to said building by fire or other casualty to the extent of 40 per cent or more of the sound value of said building, the lessor may or may not elect to repair said building; written notice of lessor's said election shall be given lessee within 45 days after the occurrence of said damage; if said notice is not so given, "lessor conclusively shall be deemed to have elected not to repair; in the event lessor elects not to repair said building, then and in that event this lease shall terminate with the date of said damage; but if the building in which said leased premises are located be but partially destroyed and the damage so occasioned shall not amount to the extent indicated above, or if greater than said extent and lessor elects to repair, as aforesaid, then the lessor shall repair said building with all convenient speed and shall have the right to take possession of and occupy, to the exclusion of the lessee, all or any part of said building in order to make the necessary repairs, and the lessee hereby agrees to vacate upon request, all or any part of said building which the lessor may require for the purpose of making necessary repairs, and for the period of time between the day of such damage and until such repairs ( have been substantially completed there shall be such an abatement of rent as the nature of the injury or damage and its interference with the occupancy of said leased premises by said lessee shall warrant; however, if the premises be but slightly injured and the damage so occasioned shall not cause any material interference with the occupation of the premises by said lessee, then there shall be no abatement of rent and the lessor shall repair said damage with all convenient speed. WAIVER OF (16) Neither the lessor nor the lessee shall be liable to the SUBROGATION other for loss arising out of damage to or destruction of the RIGHTS leased premises , or the building or improvement of which the leaser premises are a part or with which they are connected, or the contents of any thereof, when such loss is caused by any of the perils which are or could be included within or insured against by a standard form of fire insurance with extended coverage, including sprinkler leakage insurance, if any. All such claims for any and all loss, however caused, hereby are waived. Such absence of liability shall exist whether or not the damage or destruction is caused by the negligence of either lessor or lessee or by any of their respective agents, servants or employees. It is the intention and agreement of the lessor and the lessee that the rentals reserved by this lease have been fixed in contemplation that each party shall fully provide his own insurance protection at his own expense, and that each party shall look to his respective insurance carriers for reimbursement of any such loss, and further, that the insurance carriers involved shall not be entitled to subrogation under any circumstances against any party to this lease. Neither the lessor nor the lessee shall have any interest or claim in the other's insurance policy or policies, or the proceeds thereof, unless specifically covered therein as a joint assured. EMINENT (17) In case of the condemnation or appropriation of all or DOMAIN any substantial part of the said demised premises by any public or private corporation under the laws of eminent domain, this lease may be terminated at the option of either party hereto on twenty days written notice to the other and in that case the lessee shall not be liable for any rent after the date of lessee's removal from the premises. DELIVERING UP (18a) Condition of Premises. Upon expiration of the lease PREMISES IN term or earlier termination on account of default, lessee TERMINATION shall deliver all keys to lessor and surrender the leased premises in first-class condition and broom clean. Alterations constructed by lessee with permission from lessor shall not be removed or restored to the original condition unless the terms of permission for the laseration so require. Lessee's obligations under this lease shall subordinate to the provisions of Section 14 related to destruction. (18b) Fixtures. All fixtures placed upon the leased premises during the term, other than lessee's trade fixtures, shall, at lessor's option, become the property of the lessor. If lessor so elects, lessee shall remove any or all fixtures which would otherwise remain the property of the lessor, and shall repair any physical damage resulting from the removal. If lessee fails to remove such fixtures, lessor may do so and charge the cost to lessee with ` interest at the legal rate from the date of expenditure. Prior to expirationI or termination of the lease term, lessee shall remove all furnishings, furniture, and trade fixtures which remain its property. If lessee fails to do so, this shall be an abandonment of the property, and lessor may retain the property and all rights of lessee with respect to it shall cease or, by notice given to the lessee within 20 days after removal was required, lessor may p elect to its obligation of removal. If lessor elects to require lessee to remove, lessor may effect a removal and place the property in public storage for lessee's account. Lessee shall liable to lessor for cost of removal, transportation to storage, and storage, with interest at the legal rate on all 9 such expenses from the date of expenditure by lessor. 0 t ADDITIONAL (19a) Exhibit A attached hereto and made a part hereof as COVENANTS OR though fully incorporated herein. EXCEPTIONS (19b) Exhibit B attached hereto is a complete inventory of items owned by the lessor and are included in the lease price of the agreement. ATTACHMENT PROVIDED, ALWAYS, and these presents are upon these conditions, BANKRUPT that (1) if the lessee shall be in arrears in the payment of DEFAULT said rent for a period of ten days after the same becomes due, or (2) if the lessee shall fail or neglect to do, keep, perform or observe any of the covenants and agreements contained herein on lessee's part to be done, kept , performed and observed and such default shall continue for ten days or more after written notice of such failure or neglect shall be given to lessee, or (3) if the lessee shall be declared bankrupt or insolvent according to law, or (4) if any assignment of lessee's property shall be made for the benefit of creditors, or (5) if on the expiration of this lease lessee fails to surrender possession of said leased premises, then and in either or any of said cases or events, the lessor or those having lessor's estate in the premises, may terminate this lease and, lawfully, at his or their option immediately or at any time thereafter, without demand or notice, may enter into and upon said demised premises and every part thereof and repossess the same as of lessor's former estate, and expel said lessee and those claiming by, through and under lessee and remove lessee's effects at lessee's expense, forcibly if necessary and store the same, all without being deemed guilty of trespass and without prejudice to any remedy which otherwise might be used for arrears of rent or preceeding breach of covenant. HOLDING OVER n the event the lessee for any reason shall hold over after the expiration of this lease, such holding over shall not be deemed to operate as a renewal or extension of this lease, but shall only create a tenancy from month to month which may be terminated at will at any time by the lessor. ATTORNEY FEES In case suit or action is instituted to enforce compliance AND COURT with any of the terms, covenants or conditions of this lease, COSTS or to collect the rental which may become due hereunder, or any portion thereof, the losing party agrees to pay such sum as the trial court may adjudge reasonable as attorney's fees to be allowed the prevailing party in such suit or action and in the event any appeal is taken from any judgment or decree in such suit or action, the losing party agrees to pay such further sum as the appellate court shall adjudge reasonable as prevailing party's attorney's fees on such appeal. The lessee agrees to pay and discharge all lessor's costs and expenses, including lessor's reasonable attorney's fees that shall arise from enforcing any provision or covenants of this lease even though no suit or action is instituted. WAIVER Any waiver by the lessor of any breach of any covenant herein contained to be kept and performed by the lessee shall not be deemed or considered as a continuing waiver, and shall not operate to bar or prevent the lessor from declaring a forfeiture of any succeeding breach, either of the y' same condition or covenant or otherwise. NOTICES Any notice required by the terms of this lease to be given by one party hereto to the other or desired so to be given, shall be sufficient if in writing contained in a sealed envelope, deposited in the U.S. Registered Mails with postage fully prepaid, and if intended for the lessor herein then if addressed to said lessor at 12755 S.W. Ash Avenue, Tigard Oregon 97223 and if intended for the lessee, then if addressed to the lessee at 8815 S.W. O'Mara St. , Tigard, Oregon 97223. Any such notice shall be deemed conclusively to have been delivered to the addressee thereof forty-eight hours after the deposit thereof in said U.S. Registered Mail. HEIRS AND All rights, remedies and liabilities herein given to or ASSIGNS imposed upon either of the parties hereto shall extend to, inure to the benefit of and bind, as the circumstances may require, the heirs, executors, administrators, successors and, so far as this lease is assignable by the term hereof, to the assigns of such parties. In construing this lease, it is understood that the lessor or the lessee may be more than one person; that if the context so requires, the singular pronoun shall be taken to mean and include the plural, the masculine, the feminine and the neuter, and that generally all gramatical changes shall be made, assumed and implied to make the provisions hereof apply equally to corporations and to individuals. IN WITNESS WHEREOF, the respective parties have executed this instrument in duplicate on this, the day and year first hereinabove written, any corporation signature being by authority of its Board of Directors. LESSOR: LESSEE: CITY OF TIGARD LOAVES AND FISHES by: WILBUR A. BISHOP, MAYOR by: Chair EXHIBIT A This Exhibit "A" is attached to an made a part of that certain indenture of lease dated by and between and and concerning that property located at 8815 SW O'Mara St. , Tigard, OR 97223. The following terms, conditions and agreements are hereby made a part of said lease: 1. Hours of Operation Loaves and Fishes shall operate a nutrition and social service program from at least 9:00 a.m. to 5:00 p.m. , Monday through Friday, except for legal holidays and such other times agreed upon by Loaves and Fishes and the City. 2. Term Upon expiration of the agreement and upon satisfactory performance of the terms of the agreement, the lessee shall have the right to enter into another lease for an additional year, provided the lessee notifies the lessor in writing 30 days prior to the end of the lease term of intention to renew. 'Unsatisfactory performance constitutes grounds for termination of the agreement. The Lessee will be given 15 days notice of unsatisfactory performance and a reasonable period to correct the deficiency before termination. 3. Lessee's Cleaning Responsibilities (a) To wet mop the floor and clean the equipment and counter areas in the kitchen and serving area after each of lessee's use thereof; (b) To wash down the tables after each of lessee's use thereof; (c) To keep the serving area, office and the kitchen storeroom used by lessee in a clean and sanitary condition; (d) To maintain the cleanliness and safety of the floors in the kitchen; (e) To sweep and wet mop the uncarpeted floors and to clean the restrooms on a regularly scheduled basis; (€) To scrub and wax the uncarpeted floors on a regularly scheduled basis; (g) To vacuum the carpeted floors on a regularly scheduled basis; and (h) To wash the interior and exterior of the windows on a regularly scheduled basis. f, 4. Use of Space and Equipment by Others The lessee shall have the right to use and permit the use by others of the building and the equipment under the terms and conditions identified in the Guidelines for Building Use. (a) Fees for use of the Tigard Senior Center will be established by the lessee and set forth in the Guidelines for Building Use. (b) Services to Seniors shall have first priority for building use outside of established hours of operation; official meetings of the City shall have second priority; other users will have third priority. S. Grievances The resolution of any grievances between the parties shll be attempted between the City Administrator and the Center manager of Loaves and Fishes. y Y t 5 it S t f f i r k P 4 i t C c 1 t EXHIBIT B The following is an inventory of City owned equipment available for the lessee's use; included is the rental amount but is not the responsibility of the City to maintain, repair or replace. c C M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: LINDA SARGENT, ADMINISTRATIVE ASSISTANT DATE: MAY 16 , 1983 SUBJECT: CARETAKER SELECTION The top two Caretaker candidates were interviewed by Jerry McNurlin and Frank Currie on May 13 . The finalists selected were Sandi and Mark Erickson. The Ericksons are formerly park hosts in the City of Corvallis . Reference checks , an additional interview and visit to Cook Park will be completed before an agreement is executed. STAFF RECOMMENDATION An agreement for Caretaker Services be executed between the City and the Ericksons subject to the outcome of reference checks and site visit. If Council desires to meet the Ericksc-.s prior to the execution of the agreement, please advise accordingly at the Council meeting of May 16. LS : dkr MEMORANDUM TO: Mayor and Council FROM: Linda Sargent, Administrative Assistant RE: Caretaker Recruitment DATE: May 11, 1983 The City has received four letters of interest and applications forthe Caretaker position. Two responses were received from the ad placed in the Oregonian and two from the ad in the Mobile Home News. Interviews with Jerry McNurlin and Frank Currie will be conducted on May 13 with the top two candidates. t i M E M O R A N D U M TO: MAYOR AND COUNCIL MEMBERS FROM: LINDA SARGENT, ADMINISTRATIVE ASSISTANT DATE: APRIL 29, 1983 SUBJECT: CARETAKER AGREEMENT Attached for your consideration is an Agreement for Caretaker services. The following is a chronology of events that have necessitated the drafting of such an Agreement: 7/16/71 City has an Agreement with Henry Yohn for services at Cook Park. 10/15/81 Mr. Yohn leaves the City's employ. 3/12/82 Mr. Yohn's attorney regarding compensation for services. 3/31/82 Response to Mr. Yohn's attorney. 5/7/82 Response from City rejecting offer of compensation. 7/7/82 Mr. Yohn expresses interest in selling mobile home to City and informs the City of his intention to vacate the Park. 7/20/82 Staff reports to Council on mobile home issue. 7/29/82 Staff responds to Mr. Yohn regarding 7/7/82 letter. 8/5/82 Park Board recommends to Council that the mobile home not be purchased; a Caretaker be recruited; and develop an Agreement for services. 8/23/82 Council approves Park Board recommendation. 9/27/82 Staff communicates with Mr. Yohn of Council's 8/23 decision, accepting the Yohn's notice to vacate and informing the Yohn's of the City's plans to recruit a Caretaker. 31/1/82 Anticipated date of Mr. Yohn's moving from Cook Park. During November, the Yohn's did not relocate as Mrs. Yohn was hospitalized. Since Cook Park is closed during the Winter months, staff did not pressure the Yohn's to leave the Park. The City Attorney's office has advised Staff that a 60 day notice terminating tenancy must be delivered to the Yohn's in person. Such notice was given on March 1, by Jerry McNurlin. On May 11, the departure date was moved to May 30 to accommodate the Yohn's relocation to the coast. Recruitment for a successor Caretaker has been completed. Interviews are scheduled for the week of May 9. The Public Works Department and City Attorney's office have reviewed the agreement. The Park Board approved the agreement at their meeting on April 21. RECOMMENDATION: Staff recommends that Council adopt the attached Agreement. LS : dkr Attachment f CARETAKER AGREEMENT THIS AGREEMENT is made on the day of 19 , by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter referred to as "City", and hereinafter referred to as "Caretaker"; W I T N E S S E T H: WHEREAS, the City owns and operates a public park within the jurisdictional limits of the City of Tigard adjacent to the Tualatin River known as Cook Park, and WHEREAS, it is necessary for the City to secure Cook Park on a 24-hour basis and to maintain the park grounds and buildings, and WHEREAS, the City and the Caretaker desire to enter into an agreement outlining the duties of the Caretaker and of the City, NOW, THEREFORE, the parties agree as follows: 1. Duties of Caretaker. The Caretaker's duties shall include the following: (a) The Caretaker shall be responsible for the general security of all buildings and the parking and picnic grounds within the City Park. The Caretaker shall report immediately to the g^lice department or other appropriate official of the City any incident or occurrence which may or has resulted in damage to City property. . (b) The Caretaker shall notify the Public Works Director of the Caretaker's intent to be absent from the premises for a period longer than three (3) days and such notice shall be given no less than seven (7) days In case of emergency absence by the Caretaker from the prior to the absence. premises, the Caretaker is to notify the Public Works Director or the Police s r s -1- r Department by telephone, to advise them of the emergency and, if possible, to leave a telephone number where the Caretaker can be reached. The Caretaker shall not be absent from Cook Park for more than days at a time and days total from Mauch lst. through November 1st. The Caretaker shall not be absent from Cook park overnight more than days at a time and days altogether for the period from November 1st through March 1st, or the beginning and the end of the summer season as determined by the City Council. (c) The Caretaker shall clean and maintain the park restrooms including the restocking the restroom supplies daily. As necessary, the Caretaker shall prepare the-restrooms for the winter and summer seasons. - I- (d) (d) The Caretaker shall collect trash and debris, including fallen limbs, from the park grounds. Trash and debris so collected shall be placed in appropriate receptacles or locations provided or designated by the City for this purpose. (e) The Caretaker shall maintain the shrubbery beds in the Park, including weeding. The Caretaker shall spray for weeds and irrigate landscaped areas throughout the park as directed. (£) In addition to the regular duties above, the Caretaker shall work not less than eight (8) hours per month on general park maintenance projects designated from time to time by the Public Works Director. The specific hours for the accomplishment of the general park maintenance project shall be agreed to by the Public Works Director and the Caretaker. Whenever possible, the project will be scheduled two (2) weeks in advance of the proposed work period. In scheduling maintenance projects due consideration shall be given l to the schedule of the Caretaker's principal employment and the City's need to coordinate with other City employees. The Caretaker shall be provided the -2- tools listed in Exhibit "A", a copy of which is attached hereto. The tools shall be checked out- to the Caretaker by the City Shop Manager. (g) Pursuant to Section 7 of this agreement, it shall be the Caretaker's duty to complete a report at the end of each month and submit it to the City Administrator on or before the 5th day of the following month. The form of the monthly report is attached hereto as Exhibit "B", but may be amended from time to time by the Public Works Director. 2. City's Duties. The City shall be responsible to provide and perform the following items: (a) The City shall provide space approximately feet by feet at and utility hook up including water and sewer for a mobile home, for use as the Caretaker's personal residence while this {_ agreement shall remain in force. (ORS 91.875(1), (2)(a). ) (b) The City shall provide all materials necessary for the performance of the Caretaker's duties. (c) The City shall provide a supervisor on an as-needed basis for all maintenance projects required to be done. (d) The City shall periodically dispose of all trash collected and placed in the trash receptacles. (e) The City shall provide regular police patrols and police support as requested. (f) The City shall pay for any garbage collection costs. (g) The City shall pay for all utilities except telephone and heat. 3. (a) Status of Caretaker. The Caretaker shall not be considered a City employee, but rather an independent contractor who shall himself be i responsible for all withholding tax payments to be made to the State or Federal governments, payments for Workmen's Compensation as required, payments -3- to the State Unemployment Fund, if required, and any and all other deductions that may be required to be made by a Contractor doing business in the City of Tigard. (b) Status as a Tenant. The tenancy created here is tenancy from month-to-month. 4. Scope of Authority. The Caretaker shall not be authorized to make purchases on behalf of the City or to make any promise on the City's behalf. The Caretaker shall not have the authority to control, supervise or direct any City employee unless specifically authorized to do so by the Public Works Director. S. Conduct of Caretaker. The Caretaker acknowledges that he or she is not vested with any police power of the City. If a violation of a park rule is observed by the Caretaker, he or she shall advise the principal violator of his transgression. The Caretaker's authority to arrest shall be the same as any private citizen. 6. Park Gates. Unless otherwise specified by the Public Works Director or City Administrator, the park gates shall be opened each day at 7:00 a.m. by the Caretaker and closed each day at dusk from to each year. 7. Monthly Reports. A report shall be submitted by the Caretaker to the Public Works Director at the end of each month as set forth above. Any services in excess of the services required by this agreement and which services have been agreed upon in advance by the City Administrator, may be carried forward to future months but may not be converted to cash or any City obligation beyond this agreement. 8. Supervision. The Caretaker acknowledges that he is directly responsible to the Public Works Director. The Caretaker shall not perform any -4- 11 MINNOMA EXHIBIT "A" CARETAKER AGREEMENT The following is a list of tools to be furnished to the Caretaker to fulfill the Caretaker's contract. BASIC TOOLS MISCELLANEOUS TOOLS (a) Utility Broom (a) Hammer (b) Utility Shovel (b) Saw (c) Garden Rake (c) Screw Driver (d) Garden Hoses & Nozzel (d) Wrenches (e) Wheel Barrow (e) Drill & Bit (f) Utility Ladders (g) Hand Pruner (h) Pole Saw -(i) Pole Pruner o Basic tools are used on a daily basis. Miscellaneous tolls are used on an as needed" basis. Spray tanks, insecticides, and other such specialty items (power saws, chain saws, etc.) shall be furnished by the City upon proper requisition by the Caretaker. All basic and miscellaneous tools noted above shall be the Caretaker's full responsibility. (O513A) work on general park maintenance projects under this agreement unless the work has been specifically approved by the Public Works Director. The Public Works Director may from time to time delegate his authority and supervisory responsibility to other members of the Director's staff. Upon notification of such delegation of authority, the Caretaker shall cooperate with the person who has been delegated such authority. 9. Equivalent Rent Consideration. For the purpose of determining the rental value of the space for the Caretaker's mobile home and for income taA purposes, the value of the Caretaker's services shall be deemed the fair market value per month of comparable space. 10. Termination. Either party hereto may terminate this-- agreement upon giving the other party thirty (30) days written notice in advance of the party's intent to terminate. Upon the expiration of thirty (30) days after the notice has been given, this agreement shall be deemed terminated. Any holding over thereafter by the Caretaker shall be deemed a tenancy on a month-to-month basis and a monthly rental equal to $350.00 per month and utilities. IN WITNESS WHEREOF, the parties hereto have signed this agreement on the day and year first above written. s t G. 7 MAYOR -- CITY OF TIGARD ; CARETAKER CITY ATTORNEY CARETAKER i- (0513A) -5- mom MEMORANDUM r TO: Mayor and City Council FROM: Jerri L. Widner, Finance Director DATE: May 10, 1983 SUBJECT: BANK SIGNATURE CARDS Background: Currently, the City requires two signatures on the accounts payable and payroll checks. The Mayor's signature is imprinted by a check signer and Doris Hartig, City Recorder manually signs each check below the imprint. From time to time, it has been necessary to have the President of the Council sign checks. Since the position of Finance Director/City Recorder has been split, the addition of the Finance Director's name on the signature cards at the banks would reduce the number of times the President of the Council signs checks. The City Recorder will sign the accounts payable and payroll checks and in her absence the Finance Director will sign. If for some reason both employees are absent, the President of the Council would be asked to sign. Action Required: A motion to add the Finance Director to the bank and other financial signature cards would be appropriate to make this change. May 16, 1983 TO: Honorable Mayor and City Council FROM: John Hagman, Supt. Engineering Division SUBJECT: Calway Hill Homeowners Association - Mailbox Parking Problem GENERAL This report is provided to the Council in response to the following: 1. Request for Action by Ima Scott, City of Tigard Councilperson, dated February 14, 1983 (copy attached) . 2. Correspondence from Allyn Browns President of the Board of Directors of Calway Hill Homeowners Association, dated March 7, 1983 (copy attached) . relative to "parked vehicles obstructing mail delivery. FINDINGS OF FACT: 1. The City of Tigard, Oregon, Municipal Code contains a section denoted 10.28.170(11) , which states that parking is prohibited "in front of the entrance, or other place where mail is received, of any post office or mail box." 2. The City of Tigard, Oregon, has not adopted a policy relative to painting of curbs in no-parking zones. 3. The curbs in Calway Hill development project are not painted to reflect no parking. 4. The City of Tigard, Oregon, has adopted the Uniform Traffic Control Manual (and Oregon Supplement) which, along with the City's Municipal Code, provides both "authority" and also "specifications" to facilitate painting of curbs in no-parking zones. L 5. The City's police department did not find that the problem is frequent, persistent abuse. . 6. The attached Homeowners Association correspondence (request for help_ indicates that the problem is, actually, one of lack of cooperation/consideration between neighbors. 7. No other "similar complaints" have been filed with the City. CONCLUSIONS 1. That such parking is a violation of City ordinance; and is an unnecessary nuisance to residents. r mom memo Calway Hill May 16, 1983 Page 2 2. That the problem is limited to that development; and occurs on an infrequent basis; it is not in the best interest of the (City-wide) general public to have constant police monitoring of such low priority problems. 3. That the painting of curbs in Calway Hill is feasible; and, further, may be an inexpensive deterrent to violators. RECOMMENDATIONS: 1. That the City proceed to paint said curbs in accord with applicable standards as specified in the Uniform Traffic control manual. 2. That a condition of such City Action be that Calway Hill Homeowners Association agree to report to the City Council, not later than six months from the time of application of such markings, success or failure of such markings. 3. That such report be evaluated and perhaps, form a basis for establishment of a City-wide policy thereinregard. ALTERNATIVE RECOMMENDATI0N: 1. Do nothing. Pm (0458A) i Iiiillli IRS on i F Calway Hill Homeowners 14650 S. W. 106th Tigard, Ore. 97223 March 7, 1983 City of Tigard RECEIVED 12755 S. W. Ash Tigard, L 0 1983 Tigard, Ore. 97223 CITY OF 71GARD Attention Mr. Frank Curry Calway Hill Homeowners Association would like to en- quire into the city 's policy for painting curbs in no- parking sites . Our residents have complained that the post office refused to make mail deliveries because vehicles parked in front of mail boxes. . We have notified our residents through our monthly newsletter regard to this violation, but have not had too much cooperation. We also have asked the police for enforcement and have been referred to the city for help. Our -association is run on a very tight budget, and problems such as this are not budgeted in our current bud- get, therefore, before any financial commitment can be made from us , we would have to have the board vote on it. We would appreciate the city council 's consideration on this problem-, and a letter advising us of the possibility. The area to be considered is the 10500 & 10600 block on Canterbury Lane, 106th from Canterbury Lane to Del Monte St. , 10500 block on Del Monte, and 1.0500 and 10600 block on Murdock. Thank you for your consideration, Si er ly, Allyn Br wn, Pr sd nt Board o Directors / c rt r!1Lj w ' y+� :R �� L'7CG3 dY - •t i+ _ p' xF 2.- J y. .•'e ._ r.'a x rot �•1 F .y f+ i F: * ' i_ fi S B Date: • •: Administrator Police Building Public Works Library Recorder 1 • Othe. r f ✓ r Department -.. Respons- r v we u / ACTION TAKEN: c t = Forwarded to- County P.W. State Hwy. Dept. 1 . te iy, 1'fs To Orginator CANARY: To Dept. Head WHITE- 77 t 4 � a a t �p MEMORANDUM March 15, 1983 i TO: City Administrator 's FROM: Chief of Police SUBJECT: Parking Complaint from Councilperson Ima Scott Sir: Since receiving this request for action on 2-15--83, the area has ,been monitored daily for,one month. Mail delivery in the area is between 1 p.m. and 2 p.m. Two violations were discovered during the Four weeks the department has monitored the area. Both were on the same day; one was;given a written warning for parking on the wrong side of the road, and the second, a city vehicle was given a written warning for parking in front of` the"mail boxes. It appears the problem has either been corrected or has ceased to be. Respectfully, R.B. ADAMS / CHIEF OF POLIC By: Lt. Kel D Jennings Operations ommander RBA:KDJ:ac trGe.._ a I - _ �zr-���� ♦4s �*rnM iso t��.� �.tn �r®w� v� G __. 4m V& 1 ®`� A-ANC•oP w%-.L ax Leh �D.6r�w� 'YiAGJ�e�G® • N C> �O\t C ALIVASV46 ro . �zt+��tvto� b� �E•ar`c5 apt r�ea��,b®9C �b� a}taa�is . L REQUEST FOR ACTION MYOFTWARD WASHINGMN COUNTY LOCATION: PROBLEM 7 Date: ly FORWARD TO: Administrator Police Building Public Works Library Recorder Planning Other Department Head Response: 57 ACTION T KEN: t -4_g Forwarded to: County P.W. State Hwy. t. By: - Date WHITE: To Orginator CANARY: To Dept. Head (9/81) jk� A m7l May 11, 1983 TO: Honorable Mayor and City Council FROM: Frank Currie, Director of Public Works /0--� SUBJECT: L. I. D. Status Report Attached is a three page report on the status of the L.I.D. 's. The first page is a physical status report, the second is a financial report and third is a letter from the engineers of the 72nd Avenue L.I.D_ advising us of its status. Please note that the financial status report shows comparisons between the public hearing estimates, costs to date and the final cost projection. a L. I. D. SUMMARY # 21 72nd Avenue: Construction should start any time now. We are waiting for Southern Pacific to provide an easement to allow the contractor space to work in. # 25 McDonald: Essentially complete, some adds and ends to clean up - final report and final assessment due in June. # 27 74th Avenue: Met with contractor last week, should start work end of this week or first of next week. i # 30 135th/Walnut: Feasibility study almost ready to present to City Council and County Commission, determine process of public hearing. # 34 68th Avenue Hampton to Franklin: Contacted property owners regarding their interest. # 35 68th Parkway: Atlanta to Pacific: Feasibility study 4/25/83; public hearing 5/23/83. :r # 36 McKenzie: Complete - need final report and final assessment, due in June. # 37 Main at Pacific Hwy: So. end; State to install lights and mark pavement. # 38 Main St. Development Ash to Pacific; Continued public hearing 4/25/83; continued to 5/9/83; continued to 5/16/83. # 39 Durham Road Sewer: In the process of calling for informal meeting with pro- perty owners. # 40 Dartmouth: (68th to Pacific Hwy at 78th) Proposals to council 4/25/83. Agreements with property owners and consultant to council 5/16/83. # 41 S.W. 100th Ave. Sanitary Sewer Ext. : Engineers report to council 5/23/83. # 42 68th Ave. Sanitary Sewer: (Franklin to Atlanta) : Putting together property owners list. ,I k l I (nn o O0 U '-' o !� o U p N p O W O h \ \ O O O H G: N u'1 O Ga R, M H H sn M l0 2 N %D d r M m d O ,N OD h ID a, h N 1 1 ! m O m I ! i 1 1 Cil r O O p = N N G O O O p a M tD m N m'IT Ln I H r-1 M O' In a' m N OD 1 C1: to m 1 p1 ) 1 OI I w ip M m O O O x „, 1 ! 1 rn m 1 1 E+ M o rn O Do O r N M 1-1 N CID 1 ON V)- V')- U)- C13 ?N O H a `n: !; N (Wc� OD N N C O O 1 I I E4 U)Z E. N O O N N I E 1 O O O O �O E O 0 iO N a U W O M h r FA4 ar Vr yr v> yr W Q a z0 rn rn �r 11 h M N 6' m 1 I 1 1 Q � O N m ! I .•-I h O O O O 1 I M 1-I M O O 1 h m 1 1 1 1 O p !'•! H N 61 d' 1 I O I I CIS to N I V' h V O ra 7•+ .121 to N 1•'i UC (D U)- s� V} th EI O O W O Ln O U'19 O O O U z u,r o 0 0 l o 0 o I H H V1 M O O O O I I O O to O Cl OO O I O ►] O Iri'l r: �O i I I �O M ri I I I 1 1 Ln G d In rn Ln cr P4 x O Ln °; °' o N (? W- N Vf OD >w W cts G d 2 � U •.1 U 1O4-1 rd W \ r0 ! \ .i U U � r \ > v 'O N > G > C] W Q N •1-1 RI O 4.3 .S c c c x 0 M W b ,-1 o Ln >~ h v o � � Ln N .o w� h � m � ii v o � rt N c E -t- l'-3 S N Q N y,l N M M M N M U M U� M � M a rS O 1-4 m c0 m r7 LL h � h r-1 Q x .-a 4t= 04 10 S �O sr DE HAAS & ASSOCIATES, INC. CONSULTING ENGINEERS&SURVEYORS SUITE 445-AGC CENTER WILSONVILLE. OREGON 97070 9450 S.W. COMMERCE CIRCLE (503) 682-2450 May 3, 1983 RECEIVE[) MAY - 3 19$3- Frank A. Currie, P.E. CITY OF T1GA�j Director of Public Works City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Dear Frank: There are a few items related to the 72nd Avenue project that may cause us problems in being able to efficiently complete our work and maintain effective relations with the property owners and the contractor. I think it is proper that I note these to you by written letter. 1. S.P.T.C. a. While we have been advised that S.P.T.C. will be dedicating 10 feet of right-of-way at no cost, we do not yet have those documents in hand. We do have right-of-entry, so our con- struction is not held up by this item. b. We do not, at this time, have permission of any kind from S.P.T.C. to construct within the operating right-of-way. We have been prevented from completing some storm drainage construction and, of course, all related street construction in the operating right-of-way. LeRoy Hummel of Portland office of S.P.T.C. says we cannot construct in the operating right-of-way until an agreement is signed between S.P.T.C. and City of Tigard. (The agreement discussed is primarily `. related to the railroad crossing protection facilities. ) c. P.U.C. Orders for Crossings SXF 240 (Spur) and SXF 1239 (gain crossing) were issued September 2, 1982 and December 1, { 1982, respectively. We have repeatedly followed up with S.P.T.C. officials in Portland and simply do not seem to be getting any action. This now jeopardizes our contractor's ability to proceed with the project. 2. Maksym Right-of-Way. It is our understanding Sullivan's office is proceeding with the Maksym taking. We are waiting for com- pletion of that action and then should remove the cedar tree and construct the taper on Cherry. Final taking does not significantly a' hold up construction. gF IN 6. I 6 Frank A. Currie, P.E. Clity of Tigard May 3, 1983 Page 2 3. !Gillian Right-of-Way. It is our understanding Sullivan's office is taking care of the Killian matter, but our last inquiry reveals that the matter has not been concluded and that we may not have possession for a couple of months. This now jeopardizes our con- tractor's ability to proceed with the project. 4. We have never. received a copy of the signed agreement from S'.P.T.C. for the S.P.I.D.C. crossing. With respect to Item 1, we have attached a copy of a letter we recently sent to P.U.C. asking for their assistance. With respect to Item 3, we have had some liason with Steve Pfeiffer of Sullivan's office. However, you will recall that earlier Council action placed the responsibility of completing acquisition with Sullivan's office, once. the Council began condemnation proceedings. With respect to both Items I and 3, I believe the City is quickly getting itself in a difficult position with the Contractor related to furnishing him full access to the project. Many months have passed waiting for these items to be complete. The contractor is ready to start construction, but tells us he does not intend to begin until full access is provided. We are hopeful these items can be cleared up without the consequences of substantial delays to the contractor. Sincerely, MARLIN J DE HAAS, P.E. MJD/slc Attachment cc: 80. 194. 118 i F 's i s I DE HAAS & ASSOCIATES, INC. CONSULTING ENGINEERS&SURVEYORS i SUITE 445-AGC CENTER WILSONVILLE. OREGON 97070 9450 S.W. COMMERCE CIRCLE (503) 682-2450 May 3, 1983 RECEIVED MAY - 3 1983 i C"y OF TiGARD Craig Reiley Administrator, Rail Rate Service Division Public Utility Commissioner Labor and Industries Building Salem, Oregon 97310 Dear Craig: P.U.C. Orders for altering grade crossings SXF 240 (Spur) and SXF 1239 (Main crossing) were issued September 2, 1982 and December 1, 1982, respec- tively. As you will recall , the proposed railroad crossing protection facility improvements are an integral part of the 72nd Avenue street improvements currently under construction, being nearly half complete. Construction work in the S.P.T.C. operating right-of-way areas has been disallowed by S.P.T.C. pending an agreement related to construction persuant to the Orders. As time is o the essence, we have repeatedly pressured S.P.T.C. officials in Portland to provide appropriate agreements. To date, we have no agreements nor have we been able to get even an estimate when such agreements might be forthcoming. The 72nd Avenue street project has been dormant through the winter months and our contractor advised us he would be starting construction again approximately May 2, 1983 pending weather conditions. However, the con- tractor has indicated he cannot reasonably begin work until he has access to the operating right-of-way. In essence, the entire project is now being jeopardized by the absence of the subject agreements. We would appreciate any guidance or assistance from the P.U.C. that may be appropriate in effecting the subject agreements so the City of Tigard may properly provide the contractor access to this project. It is critical that the street project be allowed to continue with little delay. Thanks for your assistance. Sincerely, ARL J. HAAS, P.E. MJD/slc cc: 80. 194. 11-8 1.b Frank Curri eE/ May 5, 1983 MEMORANDUM 4 TO: Mayor & City Council FROM: Bob Jean, City Administrator SUBJECT: Ash/Pacific LID #38 f Attached is a copy of the Resolution and Ordinance for Ash/Pacific LID #38 for your review. Enclosed is a letter from JB Bishop requesting this issue be postponed until May 16, 1983. Ed Sullivan's office will also be providing some addition.a:. information to you at the May 9, 1983 meeting. STAFF RECOMMENDATION: Staff recommends the Ash/Pacific LID #38 issue be postponed until May 16, 1983. Council may or may not wish to discuss the issue, even if continued. S s i pm (0458A) F t x { �E b t f t E r f F F k e May 12, 1983 MEMORANDUM TO: Mayor & City Council FROM: JB Bishop SUBJECT: Ash/Pacifc LID 438 Please refer to the Tigard Comprehensive Plan, "Findings, Policies, and Implementation Strategies" with the green cover dated October 1982, Revised ® February 1983. pm t ' J BALL, JAN 1 K & NpVACK ATTORNEYS AT LAW SUITE 1.470, ONE MAIN PLACE 101 S.W. MAIN STREET ROBERT S. BALL PORTLAND, OREGON 97204 STEPHEN T. JANIK TELEPHONE (503) 228-2525 KENNETH M. NOVACK OF COUNSEL JACK L.ORCHARD JAMES M. KENNEDY JOHN W. LILJEGREN SUSAN QUICK ROSENFELD VICTORIA SHORT, BAUM VICKI G. BAYLESS May 12 , 1983 Tigard City Council 12255 S.W. Ash Street Tigard, OR 97223 Re: Proposed Local Improvement District No 38 Dear Mayor and Members of the Council: Proposed LID No. 38 has provoked an extraordinary number of questions , both about the potential risks to the City and the proper use of the local improvement district financing mechanism. The City has appropriately insisted on a detailed review and response to these questions from its own consultants. This letter sets forth the applicant ' s views on all issues believed to be material to a decision on this matter. Risks to City and Solutions to Risks Several characteristics of this project have been said to affect the City' s potential risk in a-proving the LID: (a) the land is unimproved and vacant, (b) it is in one ownership, and (c) the developer is having financial difficulties. Although the project initially affects raw land, the resolution before the City Council makes it imperative that the City will not undertake a- risk unless and until Main Street Land Corporation has a signed, valid lease with G. I. Joe ' s and -the income from that lease has been assigned to the City to the extent necessary to assure payment in full. of the LID assessments as they become due. The lease between the applicant and G. I. Joe ' s will require the property to be improved to the tenant' s specifications. The LID will therefore involve assessments against improved (or to be improved) land, not raw land. The entire value of those improvements, and other improvements to be constructed in the future, will be additional security to the City that the assessments will be paid. The fact that the property is primarily in one ownership is undisputed. As has been previously indicated to the City Council, however, three other tax lots (2300, 300 and 301) will also be assessed by the LID and two of the three owners of those tax lots support LID No. 38. The lack of greater diversity i FOR BALL, JAN IK & NOVA(-- K Tigard City Council May 12, 1983 Paae 2 in ownership has been said to create risk to the City because the assurance of payment depends on the financial capability of a single owner. In the present case, however, payment of assess- ments is not tied to the financial circumstances of a single property owner. Payment of assessments will be legally assured, first, by the value of the property and, second, by rental payments from G. I. Joe' s to Main Street Land Corporation. In obtaining an assignment of rents payable by G. I. Joe ' s, the City is acquiring far greater security than is normally available in an LID. The City has effectively spread the risk as if there were more than one property owner affected by the LID. And in this case, the first phase of the "Main Street" project involving G. I. Joe' s, the City will have not merely its property (lease- hold) as security, but an assignment of an income stream. The value of the raw land subject to the LID is itself more than adequate assurance of repayment to the City. The assessed value of the property as of today is $1 , 137 ,200. 00. The 15. 94 acre commercial site was appraised in 1981 at $3, 800,000 , or approximately $5. 50 per square foot. The developer has expended approximately $180, 000 on the property increasing its - -value by that amount. Since that time an appraiser has updated the value to a minimum of $5. 70 per square foot, which would increase the value of the 15. 94 acres to $4 , 300, 000 . In addition, the applicant has signed an earnest money agreement with Michael Lockwood to purchase an additional 3. 19 acres contiguous to the subject parcel. If that property may be presumed to have equivalent value per square foot, then the value of the entire property subject to the LID assessment would be approximately $4, 750, 000. That value would be more than $4, 000, 000 in excess of the LID lien, and should give the City more than adequate comfort about the security for repayment. The City should also look at other practical aspects of the security for repayment. The City' s LID lien will be only one of several encumbrances on the property, although the City will have first priority among lien creditors. Lending institutions will provide funds for construction and long--term ownership of the shopping center. The funds provided by them will be used to construct buildings and other improvements on the property and will thereby increase the value of the development. That increase is also an increase in the value of the City' s security for repayment of the LID. The applicant expects that the gross value of the entire project when completed will be approximately I $14,000, 000, or more than $13, 000,000 in excess of the amount of the LID lien. BALL, .JAN 1 K & NoVAC K Tigard City Council Mav 12, 1983 Page 3 It is crucial to recognize that the lender which will provide funds f= construction of the project will have a security interest junior or inferior to that of the City. That lender will also take a security interest in the rents from the G. I. Joe' s lease , again junior or inferior to the City' s security interest. - In order to protect its security interest in the property, that lender must also be assured that the property owner will pay LID assessments as they become due. That lender would be forced to pay the LID assessments, if the property owner did not do so, in order to protect its own interest in the property. The applicant, together with the City staff and consultants , has taken additional steps to assure that the property owner will have liquidity to make assessment payments as they become due. Every 60 days, the property owner will be required to make advance payments equal to one-third of the semi-annual obligation. The normal LID payment obligation each 180 days has been accelerated to require payment every 60 days to allow closer monitoring by the City. If one of those payments was not made, the City would merely notify G. I. Joe' s to make rental payments to the City in an amount necessary to prepay the assessment. The City thereby has an unusual assurance that the payments will be timely and that any difficulties would be resolved well in advance of the City' s obligation to pay interest or principal on the LID bonds. The City has been understandably concerned about the effect of a proceeding under Chapter 11 of the Bankruptcy Act on risk to the City. Accordingly, the City has requested, and bankruptcy counsel for the applicant will provide, a written legal opinion that the LID No. 38 lien will not be affected by the bankruptcy proceedings. Until that assurance is given, the LID will not be finalized. With that assurance, the Chapter 11 proceeding is not relevant to the issues before the City Council. The City' s bond counsel and financial advisor have noted a potential risk to the City during a foreclosure of the LID 'Lien. For the reasons given above (assignment of rents from G. I. Joe' s, prepayment of assessments, position of junior secured creditors) , a foreclosure is an unlikely, extremely remote possibility. Even so, the City still has recommended that the bond amount be increased by one year' s debt service, to provide a fund available to the City to meet LID obligations in the event of a default. If the City determines that this protection is necessary, such funds would be available to the City to meet bond obligations during a foreclosure proceeding. BALL, JA, NIK S, NC)N/ACK t Tigard City Council May 12, 1983 Page 4 In aggregate, these assurances have provided the City with many protections which are not normally available in LIDS. The City of Tigard has never before required the level of security available here. Purpose of the LID In an unfortunate editorial, The Oregonian has suggested that LIDs should not be available to a single property owner. Stated differently, the proposition apparently is that the LID financing mechanism should not be available to the City in cases in which only one property owner is assessed. As a principle, that proposition would be difficult to defend. The proper inquiry is not simply whether one property owner is assessed. It is whether that fact creates an unreasonable financial risk to the City (as discussed above) and whether the benefit to the City justifies use of the City' s t financing capabilities to provide public improvement-s at a private property owner' s expense. The City Council has previously reviewed and approved a preliminary engineers ' report dated February 25, 1983 for LID No. 38 from Mackenzie Engineering Incorporated describing how the LID funds would be used and identifying the public benefits therefrom. To review that report, the public improvements and their benefits to the public would include: 1. Traffic signal at main entrance - Pacific Highway. 2. Interior public streets, built to "Main Street" planned development standards including utilities (30' width, curb to curb) . 3. Ash Street, from Hill Street to Fanno Creek, built to minor collector standards (half street plus 4 feet, including curb and sidewalk on one side only) . 4. City Park rough grading and stabilization. All tax lots within the District boLndary will benefit from the proposed improvements and are assessed according to the benefit to each. BALL, .JAN i K cq. NOVACK Tigard City Council May 12, 1983 Page 5 1 . Main Entrance Signal: The approved traffic plan of the project relies upon the controlled access to Pacific Highway, in lieu of multiple curb cuts for individual tax lots. The parcels on the south side of the project along Ash Street will derive benefit in time saved (direct access to Pacific Highway) and safety of a controlled intersection, for trips directed towards Portland on Highway 217 . Currently, no signal exists at Frewing and Pacific, with substantial delays to either Portland or Sherwood bound traffic. 2. Interior Streets: The interior streets provide circulation for commercial development of the parcels, as well as a connection from the Ash Street neighborhood to Downtown Tigard, and those parcels on the south side of A;: Street will benefit by reduced travel t ::;a to the Downtown area and ¢ Pacific Highway. 3. Ash Street: Of all the improvements pro- posed, the completion of Ash Street, from Hill to Fanno Creek, has the most benefit to the parcels on the south side of Ash Street. This will provide improved access to Pacific Highway, as well as installation of curbs to eliminate unsightly and inefficient ditches. Tax lots adjacent to existing uncurbed pavement are assessed to a lesser degree than those without adjacent pavement. Tax lot 300 (2512DB) is assessed for only that area above Corps of Engineers 100 Year Floodplain (generally viewed as 1juildable area) . 4. City Park: The improvements in the Park area have been included in preliminary long term Park plans and are generally of benefit to the entire City. Specific benefit is derived from the excavation (floodplain alteration) , in that the alteration is required to affect the construction of Ash Street. (Ash Street will -be bu.L It somewhat on a fill, thus 1 KNEW B ALL, .J A N I K N O\,/A(-- K Tigard City Council May 12, 1983 Page 6 requiring excavations to maintain the hydraulic efficiency of Fanno Creek. ) Since the extent of Park improvements has not been determined, an allowance has been proposed based on schematic designs, included in the General Development Plan Document for "Main Street. " The Fanno Creek Parkway has been recognized for several years to be an important recreational and open space resource to the City. Approval of the LID will allow the first tangible steps to be taken toward implementing the plan for a parkway which will ultimately extend from Main Street to Hall Boulevard. The City itself has secured another source of funding (community block grants) for development of another portion of the parkway in fiscal year 1983-84 . In addition, it will allow the subject property to be developed in accordance with the comprehensive plan and zoning ordinance in a manner that will improve the commercial vitality of downtown Tigard. The applicant expects , at completion of development , that more than 360 permanent retail jobs will be available within the shopping center and more than 60 seasonal jobs will become available in the Tigard community. Addi- tionally, once completed, the project will create impetus for other private reinvestment and new investment in the Tigard downtown area, providing an enhanced commercial tax base and many new long-term jobs within the community. Approval of the LID is an integral step in achieving a substantial economic boost for the City. Those who have viewed the LID as an unhealthy accommodation to private interests have simply not looked closely at how the funds will be used, and how the public will benefit from the public improvements. City Ordinances and Policies Another way of looking at the manner in which the public would benefit from the LID is to review City ordinances and policies that may be applicable to the proposed development. The City of Tigard has recently determined, in its comprehensive land use plan, that "there is a need for new and expanded public facilities to open areas for industrial and commercial uses. " (Comp. Plan, p. 27) . It was further BALL-, JAN IK NOVA(-- K Tigard City Council May 12, 1983 Page 7 determined that "the Central Business District demands attention and community support in order that improvement programs may be set in motion to make it a more diversified and economically viable core area. " (Comp. Plan, p. 27) . The City has recognized that "a need exists for public facility development to make industrial and commercial lands available for economic development purposes. " (Comp. Plan, p. 28) . The City has adopted the following policies in the comprehensive plan which would be promoted by approving LID No. 38: 5. 1 . 1 "The City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market. " 5. 1. 3 "The City shall improve and enhance the portions of the Central Business District as the focal point for commercial, high-density residential, business , civic and professional activity creating a diversified and economica' ly viable core area. " 5. 1 . 6 "The City shall consider private financing by private developers in coordination with available bonding methods to provide pub] -'Lc.; facilities to commercial and industrial. land designated on the comprehensive plan map. " Among the strategies for implementation of the comprehensive plan policies for improvement of the economy, the City agreed to: " (a) Aid in the creation and maintenance of new and continuous employment opportunities to afford City residents the choice of working within the City; (b) Strive to improve, diversify and stabilize the economic base of the community thus reducing the tax burden of the residential property owners; BALL, JAN IK S. NOVACK Tigard City Council May 12 , 1983 Page 8 (c) Aid in the effective utilization of the land, energy and human resources; and (d) Provide for the timely development of all public facilities and services and their delivery systems. " In addition, the City has decided: "The City shall encourage private land owners to consider utilizing available bonding methods , in addition to private financing methods, to provide public facilities to vacant buildable lands with the potential for industrial or commercial development. " (Comp. Pian, p. 30) . And further, "The City should not preclude any financing mechanism for the implementation of its economic development objectives. " (Comp. Plan, p. 30) . The City also determined that the Central Business District, within Neighborhood Planning Organization No. 1 , should be designated as a "special area of concern . " (Comp, Pian p. 67) . The comprehensive plan is replete with findings and policies designed to stimulate and assure as established City policy the commercial revitalization of downtown Tigard. The construction of Ash Street from Hill Street to Fanno Creek is also consistent with findings and policies contained in the comprehensive plan. Policy 11. 2. 1 provides "Ash Avenue should be extended across Fanno Creek, enabling access to the neighborhood' s commercial area without using Pacific Highway. " It is also required in Policy 11. 2. 2 that "improvements -to S.W. Ash Avenue from S.W. Hill to Fanno Creek shall be constructed as condition of development of adjacent properties. " The summary report on Downtown Tigard Revitalization prepared by Danielson, Driscoll, Hess Architects , dated January 12, 1982, and adopted unanimously by the City Council, indicated that the proposed shopping center at the south end of Main Street "be fully supported" by the City of Tigard and that the proposed Fanno Creek Park development also be fully BALL, JH N 1 K Ga INC-) K Tigard City Council May 12, 1983 r Page 9 supported. The Main Street project was described in that report as being "essential to downtown revitalization" and entitled to "maximum support and encouragement by the City. . . . " The report indicated that "completion of the proposed shopping center will mean Main Street will have a shopping center anchor at each end. This should encourage intensification of use and redevelopment of properties along Main Street between these two anchors. " The Fanno Creek Park development, which will be partially improved with Local Improvement District funds , was described in the summary report as follows: "Development of the Fanno Creek Park will also create opportunities for redevelopment at South Main, between Burnham and the proposed shopping center, and along Burnham Street. The park will provide a unique setting appropriate for governmental and office use. This should increase the value of lands adjacent to the park that are now used primarily for industrial and storage uses. " l_ In summary, the proposed Local Improvement District project is complementary to and fulfilling of many of the plans and objectives already adopted by the City. The LID cannot fairly be denied on the basis that it is designed merely to benefit a single property owner. Experience of Other Communities LID No. 38 has been incorrectly characterized as involving only one property owner. We grant that Main Street Land Corporation owns substantially all the property in the subject area, but actually four owners are affected. Our discussions with other cities in the area indicate that other cities have approved LIDs affecting only one property owner. All cities with whom we discussed this matter have approved LIDS affecting only two property numbers. The City of Beaverton recently approved a $3, 750 , 000 LID for interior public improvements presently affecting only two property owners. As indicated above, the pertinent inquiry is not merely how many property owners are affected by the LID, but the extent of risk being incurred by the City and the public benefits to be gain from approved of the LID. C Dh L L, JH N I K IV V VHS.., K Tigard City Council May 12, 1983 Page 10 Base& nn those criteria we are confident that approval of LID No. 38 is in the public interest_ We urge you to approve it. Respectfully submitted, _,S,tpbUn T JJa }k I STJ/d.vh •5 1 t SEC® SAFECO TITLE INSURANCE COMPAJNY OF OREGON 125-1005 1800 S.W.FIRST PORTLAND.OREGON 97201 May 12 , 1983 To whom it may concern: Please be advised that as of this date we have verified with the Washington County Assessors office the 1983/84 uncertified true cash values on land only as follows : Property owned by Mainstreet Land Corp. : 2S12AC TL 1200 196 , 300 TL 1300 145, 300 TL 1400 35, 000 TL 1500 388 , 700 TL 1600 111, 600 TL 2200 132 , 100 _ TL 201 26, 900 TL 2301 101 , 300 Sub-total: 1,137 , 200 Property owned by Michael Lockwood on contract to Mainstreet Land Corp: 2S12BD TL 300 37 , 500 TOTAL: 1, 174 , 700 We appreciate this opportunity to be of service. Sincerely, SAFECO TITLE INSURANCE COMPANY PAO � Joanne Plummer Escrow Officer_ JP/jsp • (Text of an "In My Opinion feature editorial response to be published, Sunday May ]5, in the Portland Oregonian) The Oregonian has editorialized that the Citv of Tigard should not approve a local improvement district ( LID) proposed in connection with the Main Street Shopping Center, a project that has long been desired as a major component in the revitalization of downtown Tigard. The reasoning of the editorial, to the extent it was explicit, was that an LID should not be used to benefit a single developer who is presently in a bankruptcy reorganization. The editorial assumed that LID ' s are both legally and practically appropriate only for neighborhood-wide improvements . The Oregonian has misunderstood the facts of this case, the law, and the public policy underlying the use of an LID . The City Council of Tigard has approved an engineering report which outlines the improvements which would be built through this LID: a traffic signal , interior public streets built to City standards, the improvement of Ash Street which is outside of the project, and the development of a City park area along Fanno Creek. The developer is willing to borrow the LID funds from the City to make what are in effect public improvements. LID' s were designed as a funding source for such public improvements . The Main Street Shopping Center itself, when completed, will add a $14 million project to the tax rolls, and will provide 360 permanent jobs and 60 seasonal jobs . This is a substantial return to the City for the loan of $611, 000 in LID funds. This project is specifically encouraged by numerous policies in the City' s adopted Comprehensive Plan and in a recently adopted City report entitled Downtown Tigard Revitalization, the blain Street Shopping Center was described as being "essential to downtown revitalization. " Furthermore, the City has adopted policies which encourage the use of LIDS in cases such as this: "The City shall encourage private land owners to consider utilizing available bonding methods, in addition to private financing methods, to provide facilities to vacant buildable lands with the potential for industrial or commercial s 5 development; " and "The City should not preclude any financing mechanism for the implementation of its economic development objectives. " The Oregonian ignored these adopted City policies, which encourage LIDS for a single developer of commercial property when it erroneously assumed that LIDs should be used only for neighborhood improvements. Given the fact that the LID improvements are for the public' s benefit and that the project itself is so clearly in conformance with the adopted goals and plans of the City, the proper inquiry is whether there are any legal or practical impediments to using an LID in this case. First, the applicable state statutes and City Policies nowhere suggest that LID financing is not available to a single developer of a commercial project, as The OrE!gonian assumed. In fact, such a practice is authorized and has occurred in connection with numerous other developments. 2 Second, there is no merit to concerns about whether the LID bonds will be repaid. The bonds will be a first lien, and will remain so, on property with a current appraised value of $4 . 3 million, about seven times the amount of the LID. Additionally, the bonds will riot be sold unless the developer has consummated a lease with a major anchor retailer who has previously agreed to developAthe "Main Street" site; and the rent from that lease, estimated to be almost three times the debt service on the bonds, has been assigned to the City as additional collateral . Finally, the developer in this case has agreed to fund a reserve, in advance, of one year' s debt service on the bonds. These are extraordinary assurances given to the City by this developer which thE! City has riot received in any other LID and would never be able to re=ceive in the case of a neighborhood LID, which The Oregonian improperly assumed was the only appropriate type of LID. Third, the developer in this case is in a bankruptcy reorganization. Such a proceeding is authorized where assets exceed liabilities, but current cash flow may not be adequate. This fact poses no risk to the City. The LID bonds will not be sold unless the above assurances of repayment are approved i by the bankruptcy court. After that approval, the bonds will remain a first lien on the property of almost seven times the amount of the bonds, the cash reserve will be available to the City, and the rent will remain as additional collateral . 3 The Main Street Shopping Center is necessary for the revitalization of downtown Tigard according to the City' s adopted plans and policies. This LID is necessary to build public improvements on land to be dedicated to the City by the developer, desired by the City in connection with this project. The developer has provided the City with extraordinary financial assurances that the bonds will be repaid. The investment represented by this loan will produce substantial additional tax revenues for Tigard, will bring a long-desired project into reality, and will make possible hundreds of jobs. There is no legal impediment to the use of an LID in this case. r Given these facts, the Oregonian was wrong in arguing that the use of an LID in this case is bad policy_ The returns to the City for this project are too great, and the risk to the City is too low ( if not non-existant) for the City to lose this opportunity. Stephen T. Janik Attorney for Main Street Land Corporation 4 April 27, 1983 (FOR YOUR REVIEW AND FILES. THE PLANNING COMMISSION UNANIMOUSLY APPROVED THIS REQUEST AT THE LAST PLANNING COMMISSION MEETING. ) Tigard Planning Commission Tigard City Hall Tigard, OR 97223 Dear Chairman Tepedino: Please be advised that my request to have the Tigard Planning Commission continue the "planned development" designation on my 15.94 acre site, commonly known as the "Main Street Project" is in response to Tigard's guidelines pertaining to P-D developments. In making this formal request and paying the designated $150 application fee, I am requesting that the Planning Commission at it's May 3rd meeting, grant a one-year extension. The planning commission gave my project unanimous approval last April when it finalized it's action on my proposed community shopping center. You may recall that I initially proposed the Center in December, 1978 and immediately initiated staff review in concert with my steps of acquisition of additional parcels to improve the overall viability and access to this South anchor of Main street. We began hearings with the Planning Commission in the Summer of 1979 and spent over two years in our proceedures to even attain final approval from the Tigard Planning Commission. Throughout this process, the Commission,NPO I, City Staff, and Main Street Lend Corp. as the applicant, examined and resolved all the relevent issues. As you are aware, on April 26, 1982, the city council affirmed the Commission's recommendation with stipulated conditions. In the past year, solid progress has been made to further the interests of "Main Street". 1 . The Tigard City Council and the Council acting in it's capacity as the T.U.R.A. Board adopted the renewal districts summary report which designated maximum support and encouragement be given to "Main Street" as it's first priority in the context of downtown revitalization. 2. The City's action is joining with "Main Street" to provide non-local public improvements to accomplish the road, safety, and aesthetic improvements at the Johnson and Main intersection with highway 99. This was done via a L.I.D. which is substantially completed and has enhanced the South end of Main Street. ANN 3. The City's preliminary approval in February 183 of L. I.D. 38 is also a major positive step to complete Ash Street with the proper design elements to reduce speed and improve safety on that neighborhood street, to initiate development in the Fanno Creek Park, and to provide improved access to downtown and direct access to highway 99. The above referenced infra-structure public improvements are most important first steps to enhance the ability to develop the "Main Street"f agato its highest and best use per zoning designation- downtown retail commercial (CBD) . 4. Lease negotiations with G. Z. Joe's, the Center's anchor tenant are substantially complete and it is G.I. Joe's stated intent to begin construction and to open on the "Main Street" site as soon as the site design review process is completed and building permits are issued. Other primary tenants are also fully committed to "Main Street" and will join G. I. Joe's to make "Main Street" a vibrant community shopping center for Tigard and it's neighboring residents. Additionally, once completed, the project will create impetus to further other private reinvestment and new investment into the Tigard downtown area providing an enhanced commercial tax base and many new long-term jobs within the community. Thank you for your past imput and full review of this project. I sincerel,; believe with the above referenced progress and the upswing in our economy from a three year recession, that "Main Street" will develop as projected, throughout the remainder of 183 and be a completed reality in '84. Respectfully, 7 , Main Street Land Corp. 10505 S.W. Barbur Plvd. Suite #303 Portland, OR 97219 i May 16, 1983 MEMORANDUM TO: Mayor & City Council FROM: Doris Hartig, City Recorder SUBJECT: Initiative Petition Amendment to the Charter Restricting City Council Urban Renewal Activities Submitted by the "Right to Vote Committee" SUMMARY • Initiative petition filed with City Recorder May 6, 1983 • Petition submitted to Washington County May 6, 1983 Elections Dept. for signature verification • Elections Dept. verified 1277 signatures of May 13, 1983 the initiative petitions submitted, which is in excess of required t44Wsignatures needed to refer the proposed charter amendment to the voters. o City Recorder files initiative petitions with May 16, 1983 City Council. COUNCIL ACTION • Adopt the measure and call for election s Reject the measure and call for election - "-1983 - -- (See attached copy of ORS regarding initiative & SMTWTFS S M TWT F S referendum and proposed calendar. ) 1 1 z 2 3 4 5 6 7 8 3 4 5 6 7 8 9 `811 9 10 1112131415 Hyl 10 11 IZ13141 16 16 17 18 19 20 2122 17 IB 19 20 21 23 ia' i 25 Z8 27 28 29 �' Z5 Z6 27 28 30 1 2 3 4 5 1 2 3 4 5 6 fob 13 17415 16 177 1 10 8 19 8119&15 16 18 9 8 1920 20 21 ZZ 23 24 25 26 21 22 23 4 25 Z6 27 27 ZS 28293031 1 2 3 4 5 1Z 3 ` 1 6 7 8 9 10 1112 4 5 6 7 8 9 10 mar 1314 15 16 17 I819 S*p 11 121 14151617 20 21 22 23 24 25 25 is 19 21 ZZ 23 24 27 ZS 29 30 31 25 26 ZS Z9 30 1 2 1 Upr 10 11 213141516 act 9 10 II 2131415 17 18 19 20 21 ZZ 23 16 17 18 19 20 21 ZZ 24 25 26 27 Z8 29 30 m s 25 26 27 28 29 1 2 3 1 5 7 1 2 3 4 5 ' B 910 1112 14 6 7 8 9 to 11 12 8h 8 15 16 17 1811 2 2! W O Y 13 14 15 16 17 18 19 29 30 3 25 Z6 27 28 20 2Z1 ZZ Z3 24 25 26 5 6 B23 4 9 !0 1 4 5 6 7 8 9 10 �tdll 1213 15 16 17 18 d*C 11 12 13 14 15 16 17 1�6 29 3a 24 25 S ZS 27 Z5 293300 31 To: City Council From: City Recorder May 16, 1983 Re: Initiative Petition Amendment to the Charter Restricting Ctiy Council Urban Renewal Activities Submitted by the "Right to Vote Committee" Summary ` Initiative petition filed with City Recorder �J�f May 6, 1983 Petition submitted to Washington County Elect iZns Dept. May 6, 1983 for signature verification / Elections Dept. verified 1277 signatureso the initiative May 13, 1983 petitions submitted, which is in excess o required aA" 14'0 signatures needed to refer the proposed Ota amendment to the voters. / i City Recorder files initiative petitions with City Council. May 16, 1983 JJ Council Action . Adopt the measure • Reject the measure and call for election (See attached copy of ORS regarding initiative & referendum and proposed calendar. ) f i r 1 1 J f I IY 250.235 ELECTIONS 250.235 Retention of petition materi- information required on a signature .�y als. The county clerk shall retain the signa- under subsection(2)of this section. ture sheets of a filed initiative or referendum (4) Not more than 20 signatures o petition with a copy of the county measure. If cover or on each side of each sheet of the . the measure is approved by the voters' a copy ative or referendum petition shall be oouu of the measure shall be preserved as'a perms- The cover of the initiative or referen nent public record, and the signature sheets petition, if the cover is used to gather si shall be preserved for six years. [1979 c.190§1611 tures, and each signature sheet shall b-W. I fied on its face by the signed statement.p circulator that the individuals signed_ CITY MEASURES cover or sheet in the presence of the ci and that the circulator believes each indivi 250.255 Application of subchapter. al is an elector registered in the city. `J[q ORS 250.265 to 250.346 applies to the exercise c.190§163:1981 x.909§61 �1( of initiative or referendum powers regarding a city measure under section 1, Article IV, 250.275 Preparation of ballot title for Oregon Constitution, unless the city charter certain measures. (1) When a prospecti"•. or ordinance provides otherwise. [1979 c.190 petition for a city measure to be referred_ §1621 filed with the city elections officer, the offi i shall authorize the circulation of the pati 250.265 Submitting prospective Peti- containing the title of the measure as e i tion; form of petition. (1) Before circulating by the city governing body or, if there=is a petition to initiate or refer a city measure, title, the title supplied by the petitioner f" the petitioner shall file with the city elections the prospective petition. The city elect officer a prospective petition. The officer officer immediately shall send two copies• immediately shall date and time stamp the the prospective petition to the city attorn 1 prospective petition, and specify the form on (2) When a prospective petition for a c1 C i which the petition shall be printed for circula- measure to be initiated:is filed with the' tion. The officer shall retain the prospective elections officer, the officer immediately petition. send two copies of it to the city attorney. (2) An initiative or referendum petition (3) Not later than the fifth day afte, shall designate the name and residence:ad- eiving the copies of the prospective pati dress of not more than three persons as chief the city attorney shall`provide a ballot titT i petitioners. The cover of a referendum peti- the city measure to'be''mitiat-ii ve re t1t tion shall contain the title described in.ORS and return one copy of the'prospecti pe 250.275 (1). If the circuit court has not re- and the ballot title tdtfie city elections otfi viewed the ballot title under ORS 250.296,the Unless the circuit court certifies a diff 1 cover of an initiative petition shall contain the title, this ballot title'shall be the'title p ballot title described in ORS 250.275(3).If the on the ballot. ` j circuit court has reviewed the ballot title, the (4) A copy of the ballot title shall'. 1_ cover of the initiative petition shall contain Wished to the chief petitioner: [1975 c.190 5 3_ the title certified by the court.;Each sheet of ova b3' 250.285 City g t?pnig , ,. signatures on an initiative petition.shall con- prepare ballot titles for certain m twin the caption of the ballot title. Each sheet P) When the city •governing body refe4l of signatures on a referendum petition shall measure to the people,•a ballot title fo �. contain the number of the ordinance or resolu- measure may be prepared.by the bod tion to be referred, if any, and the date it was ballot title shall befiled with the cityr'�el adopted by the city governing body. Each 1 h' tions officer. sheet of signatures shall.be attached_to (2) If the title is not ` E and correct copy of the measure to be initiatedsection(1)of this section,when them _ or referred. filed with the city elections officer, the'offi' (3) The reverse side of the cover of an shall send two copies to the city attorney. , # initiative or referendum petition and both later than the'fifth day after receivingi„ sides of a signature sheet may be used for copies the city attorney shall provide a obtaining signatures on an initiative or refer- title for the measure, and send a copy of'i endupetition. If both sides of a signature the city governing body and the city elec`a, m 1 sheet are used, each side shall contain the officer. (1979c.190§1651 d I f 764 ARA INITIATIVE AND REFERENDUM 250.346 1 .250.290 [Amended by 1965 s.s. c.1 §1; repealed by signatures, the city elections officer shall file f e.767§1) the initiated measure with.the city governing c .295 11971 c.767§2; 1979 c.190§395;renumbered body at its next meeting goveY31i7jg1 ] not later than the 30th `W yp is.;F'llW.with it, shall. daY�Eer-the�mleasure" adopt or.:rele t 1the rnea- .236 Procedure for sure.U tha�esuM*,n i person dissa.t- stsbm l t �O Cl meted,"ft+shall;:-ba l, title of city measure. (1) An t'�Arot�s-64 the next available y .dae sat= n dissatisfied with a ballot title filedowr >+a'tlno 90t�i511 TIOU5 the city elections officer by the city attar- 'WHN the city.gaverning �,. _was filed sn or the city governing body, may petition "" ra : �V r _ �• circuit court of the judicial district in refers ch the city is located seeking a different ated and stating the reasons the title filed bod na+e'" ``av �l�er Ilt-aleeimng o y refear ,a. a the court is insufficient or unfair. The ers, ��`;aiust ting'nwasure to city vot- on must be filed not later than the 20th Y 'e`meastu�e,noLy �r 'iii day sfter the initiated measure c� after the title is filed with the city elec- is.Bled with it The mayor shall not have the i officer. The court shall review the title power to veto an initiated measure or a com- measure to be initiated or referred, hear peting measure. [1979 c.190 §169; 1979 c.316 §14a; ents, if any, and certify to the city 1981 c.909§71 ons officer a title for the measure which is the requirements of ORS 250.035. 250-330 [Amended by 1957 c.608 §138; 1979 c.190 2)The review by the circuit court shall be §252,1979 c.749§3;renumbered 254.2951 first and final review, and shall be con- 25OM5 Numbering city measures• expeditiously to insure the orderly and The city elections officer shall number city $ly circulation of the petition or conduct of measures consecutively, beginning with num- i election at which the measure is to be ber 51, in the order in which the measures are itted to the voters. [1979 c.190§1661 filed with the officer to be printed on the 250.300 [Amended by 1979 c.190 §396; renumbered ballot. [1979.c.190§1701 101 250.340 [Amended by 1957 c.608 §139; 1979 c.190 s ,250.305 Referendum filing require- §255;renumbered 254.3251 I ts. A petition to refer a city measure [1967 c.609§1;repealed by 1977 c.301§15] be signed by not less than 10 percent of 280.348 Retention of petition materi- electors registered in the city.The petition a1s. The city elections officer shall retain the be filed with the city elections officer not signature sheets of a filed initiative or refer- r than the 30th day after adoption of the endum petition with a copy of the city mea- legislation sought to be referred.[1979 c.190 sure. If the measure is approved by the voters, 1 a copy of the measure shall be preserved as a 250.310[Amended by 1955 c.726§1;1957 c.608§137; permanent public record, and the signature 's 1c.317 113; 1961 c.114 §11; repealed by 1979 c.190 sheets shall be preserved ISMiX 250.315 Filing officer, filing require- 250ZW[Amended by 1957 c.608§140;1977 c.508§7; F' ts. (1) An initiative or referendum _ 1977 c.644§4a;1979 c.190§264;renumbered 254.4151 relating to a city measure shall be filed W-o.380 i the city elections officer for signature ��`�by 1957 c.608§231) i icaLlOn. 250.968[1963 c.595 §6(247.610 to 247.650, 250.365 j and 250.375 enacted in lieu of 247.251);repealed by 1967 (2) An initiative or referendum petition °•64 471 ting to a city measure shall not be accept- 250,870[Re or filing if it contains less than 100 per- baled by 1957 c.6o8 4231] of the required number of signatures. 250-37$[IMM c.595 46(247.610 to 247.650, 250.365 c.190 11681 and 250.375 enacted in lieu of 247.251); 1965 c.174 §10; repealed by 1967 c.64 471 250-370(Repealed by 1957 c.608§2311 250-380 [Repealed by 1957 c.608§23I1 250.325 Procedure following filing of 250-390[Repealed by 1957 c.608§2311 ative petition. If an initiative petition 2,50.400[Amended by 1957 c.6o8§141;1977 c.508§8; rains the required number of verified 1979 c.190 4265;renumbered 254.4251 r 765 a 0 6 � r .tea L \41 .z z Q ate' z �46 Y � IIAR .x .,�. It is a felony for �a:�praeq initis v- eferendum petition izCh any name .other than hie, own, or- tor. bcnov zgc h'is names `- an once for the' same measure, or to knowingly sign a petition ��11 �' a is not a legal voter"... INITIATIVE PEi7iTION`` TO: DORIS HARTIG - , Clerk of th'e,.Ci'ty_of Ugard, Oregon.. Re:,. Initiative Measure To Amend City of .Tigard Charter Entitled: Restricts City Council Urban Renewal Activities. We, the undersigned, cifiaens and legal voters of the City of Tigard, Washington County, Oregon, respectfully demand._that the followic►g�.'`proposed amendment to the City Charter shall be . submitted to the legal voters".of' ,'the City` of '$ iga d'; Washington County, Oregon, for their approval -or rejection at, the'-:,regular (or special),Ioelectio.n to be held on the 20th day of ULrT�P B�:� 4;. and each for himself:.-If. s:•: I have personallysigned this petition; I am a legaof the City of';-Tigard, --Washington County, Oregon, and my residence and street numbercare correctly written-after my name. (Sign) NAME (Print) RESIIIENCE 8 ADDRESS CITY OR POST OFFICE PRECINCT l SIGNED BY PETITIO14ERS. . . . . . . . . RECEIVED 111 AY - 'r 1983 1 INITIATIVE PLEASURE TO AMEND THE CHARTER OF THE CITY OF TIGARD CITY OF TIGARp Caption of Ballot Title: Restricts City Council Urban Renewal Activities Pleasure Explanation: Amends City Charter to abolish Tigard Urban Renewal Agency when legally possible; allows agency re-creation with restrictions; limits financing alternatives. PROPOSED INITIATIVE MEASURE: The City Charter. of the City of Zigard is. amended to add the following chapter and sections thereto: ;a URBAN RENEWAL - CITIZENS RIGHT TO VOTE4. Sec. 45. The voters of the City of Tigard, exercising their powers as the ultimate governing body of the city as reserved to them by the ordinances of the city and by the Constitution and laws of the State of Oregon, do hereby find and determine that there no longer exists a need for an urban renewal agency' 'in`- :the city. Therefore, the Tigard Urban Renewal Agency, as established;'or, activated, by. Ordinance No. 81-91, adopted in December, 1981, is terminated. Ths facilities, files 'and personnel (if any) of the Tigard A`F Urban Reneyal Agency shall be forthwith transferred to the city. The termination: 'shill not affect any outstanding legal actions, contracts or obligations of said agency, and the city shall be substituted for said agency in respect thereto: If, at the time this section is adopted, termination of the Tigard Urban Renewal Agency is legally prohibited by any mandatory provision of controlling state law, the termination shall be postponed until such legal impediment has been removed and shall then automatically become effective ; and, .in the interim pending the effective date of such termination, the city shall not authorize, approve or assist in the incurring .of any new _ debt or obligation or in the performance of any portion of the urban renewal plan. - Sec. 46. Section 45 is and shall be deemed to be an ordinance of the city within the meaning of ORS 457.075. Therefore, Section 45 may be amended or repealed by nonemergency ordinance adopted by the City Council. The City Council may in the future activate, create, 'reactivate or recreate an urban renewal agency in the city in the manner provided for by law, subject to the limitations of Sections -47 and 48 concerning the methods for financing the activities of such an agency. Sec. 47. The city shall not approve an urban renewal plan or an amendment of an urban renewal plan if such plan includes tax increment financing as a permissible means of paying the debts and obligations of the agency unless, prior to the activation and implementation of tax increment financing, such method is approved by the :voters of the city at a regular or special city election held in May or November. T'a�,e 1 of 2 paces Sec. 48. Any urban renewal plan or amendment thereof hereafter proposed or adopted shall require that the plan, including the method of financing same, shall be approved by the voters at a regular or special city election in May or November, if such plan or amendment would or could involve the levying �of a tax on properties outside the urban renewal area to pay the debts or obligations to -be incurred in carrying out the plan. Notwithstanding -'the foregoing , separate approval at an election is not required for: (l) `EXpeiidkt.Ures-by the city, as distinguished from .,th,e. irban-. renewal agency, which have been duly idep fled and; included iry a duly adopted city r (2) Issuance of aancroft bonds. (ORS 223.205 to 223.295) in­'connect iorr with assessments 'for local improvement i districts, if such issuance is otherwise authorized i by law. Sec. 49 . As used in Secs. 45 , 46 , 47 and 48: ( l) "City!* means `the• City of Tigard, Washington County, Oregoti;��, (2) -Urb`�h ._Renewal' :Agency" means an agency created or existing under ORS Ch. 457 as it now exists or may f hereafter Ybe. amended, or a similar agency with xtA� s�ma 'ar powers acid purposes created under any other provision of law. (3) 'Urban Renewal Plan" means a plan as defined in ORS 457.010 (11) as it now exists or may hereafter .be.,-amended.,. or a similar plan adopted under any otiie:r'' resvis'iori'of law. (4 ) "Ta-x Tndeement Financing" means the method of i financing described and referred to in ORS 457 .420 to 457.460, or a similar method of financing provided for under any other provision of law. Sec. 50. If , any section or portion of this charter amendment (Secs. 45 through 49) is determined unconstitutional or I unlawful, the remaining portions and sections shall be severable and 'shall remain in effect. .I Fare 2 of 2 pai.e i i i r/ May 12, 1983 MEMORANDUM TO: Mayor & City Council �y� FROM: Department of Planning & Developments ` SUBJECT: Community Development Code Attached are two chapters to the proposed Community Development Code: C-G (General Commercial) and Accessory Uses and Structures. Granted, this is not a lot of information to review, but these sections do reflect the organization of the proposed document; and allow the Council to suggest additional language to the accessory uses and structures chapters. Altogether, the proposed code will have approximately 68 chapters organized in eight articles. The department anticipates that the completed draft document will be submitted to the Council within the next week to 10 days. pm (0051P) 1 r E. C e q}F� F E i 18.62. C-G (GENERAL COMMERCIAL DISTRICT) 18.62.010 Purpose A. The purpose of the General Commercial areas is to provide for major retail goods and services. 1. The uses classified as general commercial may involve drive-in services, large space users, a combination of retail, service, wholesale and repair services or provide services to the traveling public. 2. The uses range from automobile repair and services, supply and equipment stores, vehicle sales, drive-in restaurants to laundry establishments. 3. It is intended that these uses be adjacent to an arterial or major collector street. 18 62 020 Procedures and Approval Process A. A use permitted outright, Section 18.62.030 is a use which requires no approval under the provisions of this code. If a use is not listed as a use permitted outright, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (Unlisted Uses)- CB. A conditional use, Section 18.62.040 is a use, the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Uses. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (Unlisted Uses) • 18.62.030 Permitted Uses A. Public agency administrative services B. Cultural exhibits and library services C. Public support facilities f D. Lodge, fraternal and civic assembly z E. Parking services F. Postal services z G. Public safety services H. Agricultural Sales I. Amusement enterprises J. Animal sales and services 1. Grooming 2. Veterinary: small animals K. Automotive and equipment 1. Cleaning ' 2. Repairs: light equipment L. Business support services M. Convenient sales and personal services N. Eating and drinking establishments 0. Finaacial, insurance and real estate services P. Food and beverage retail sales Q. Funeral and interment services: 1. Cremating 2. Undertaking R. Medical and dental services S. Participation sports and recreation: 1. Indoor 2. Outdoor T. Personal services: general U. Professional and administrative services V. Repair services : consumer W. Retail sales, general X. Spectator sports and entertainment 1. Limited Y. Transient habitation Z. Multiple dwellings: As a mixed use in conjunction with commercial development. 18.62.040 Conditional Use (Section 18. ) A. Automotive and equipment 1. Fleet storage 2. Sales/Rental: farm equipment 3. Sales/Rental: heavy equipment 4. Sales/Rental: light equipment 5. Storage: recreational vehicles and boats B. Wholesaling, storage and distribution 1. Mini-warehouses C. Major impact services and utilities D. Minor impact utilities E. Heliports, in accordance with the Aeronautics Division (ODOT) and the FAA F. Hospitals G. Spectator sports and recreation H. Vehicular fuel sales 18.62.050 Dimensional Requirements A. There is no minimum lot area required. B. The average minimum lot width shall be 50 feet. C. The minimum setback requirements are as follows: I. The front yard setback shall be 25 feet. 2. On corner lots and through lots, the setback shall be 20 feet on any side facing a street, however, the provisions of Chapter 18.102 (Visual Clearance) must be satisfied. 3. No side yard setback shall be required, except 20 feet shall be required where the C-G zone abuts a residential zoning district. 4. No rear yard setback shall be required, except 20 feet shall be required where the C-G zone abuts a residential zoning district. D. Except as otherwise provided in Section 18. (Height Exceptions) no building in a C-G zone shall exceed 35 feet. E. The maximum site coverage shall be 80 percent. 18 060 Additional Requirements A. Off-street parking loading, Chapter 18.104. B. Access and Egress, Chapter 18.108. t. C. Landscape and Screening, Chapter 18.106. D. Signs, Chapter 18.114. 18.100. ACCESSORY USES AND STRUCTURES 18.100.010 Purpose A. The purpose of this chapter is to: 1. Establish criteria for regulating the type, size and location of accessory structures in residential zoning districts; 2. Allow the property to be more useful while not altering the residential character of the principal structure; and 3. Allow for accessory .,ses within commercial and industrial zoning districts. 18.100.020 Uses - Who Approves What A. The following types of accessory uses and structures in residential zoning districts shall be reviewed by the Director and approved in accordance to the criteria in Section 18. .030. 1. Private Garages ; 2. Children's Playhouses; 3. Sheds ; 4. Kennels For Domestic Animals ; 5. Gazebos; and 6. Radio And Television Receiving Antenna Towers and Dishes ; B. The following types of accessory uses in residential zoning districts shall be reviewed and approved by the Director in accordance to the criteria in Section 18.100.030. 1. Shops For Nonbusiness Purposes; 2. Barns ; 3. Wind Generating Devices; and 4. Accessory Dwelling Units. 5. Solar Energy Systems (Includes solar collectors, storage facilities and distribution components. C. Accessory uses and structures necessarily and customarily associated with, but subordinate to the principal, commercial, or industrial uses shall be permitted outright where the principal uses are permitted in accordance with the standard of the applicable zoning district and Chapter 18.120. (Site Development Review) D. A single family unit or a single manufactured/mobile home shall be permitted outright in an industrial zoning district provided that the uses are for and in accordance with the following: 1. Caretaker or Superintendent. On a lot or building site �. with a permitted industrial use, and occupied exclusively by a caretaker or superintendent of such industrial use and his family; or t 2. Kennel Owner or Operator. On a lot or building site with a kennel, and occupied exclusively by the owner or operator thereof and his family. 18.100.030 Approval Criteria A. Accessory uses shall comply with all requirements for the >_incipal use, except where specifically modified by this Code. B. Accessory structures or buildings shall comply with all requirements for the principal structure, except where specifically modified by this Code. C. if an application proposed for an accessory use or structure meets the following criteria, the Director shall approve the application proposal. 1. Any accessory building shall. have no more than 300 square feet of ground floor area; 2. No accessory building or structure shall be allowed in any required front yard or that portion of a side yard which abuts a front yard; 3. No detached accessory building or structure over 3 feet- in height, excluding fences and railings, shall be located j within 3 feet of the principal building or other accessory building; 4. No accessory building or structure over 3 feet in height, excluding fences and railings, shall be located closer than 3 feet to any side or rear property line; 5. All freestanding and detached towers, antennas, winding generating devices and TV receiving dishes shall have setbacks equal to or greater than the height of the proposed structure. 6. Distance of any guy anchorage or similar device shall b : at ? least 10 feet from any property line. i 7. Suitable protective anti-climb fencing and a landscape planting screen, in accordance with Section 18. Landscaping and Screening, shall be provided and maintained around the struture and accessory attachments. 8. The applicant shall present documentation of the possession of any required license by any federal, state, or local ? agency. r 9. Only one such structure exceeding the zoning district height limitations shall exist at any one time on any �. residentially zoned and used lot or parcel. 10. Any accessory building or structure attached to the principal building or structure must comply with all setbacks of the zoning district. (Attached means wall-to-wall or any permanent roof attachment such as breezeways) ; 11. No accessory building or structure shall encroach upon or interfere with the use of any adjoining property or public right-of-way including but not limited to streets, alleys, and public or private easements ; 12. An accessory structures in a side or rear yard shall not exceed 10 feet in height (See Chapter 18.105 Building Height Limitation, Exceptions) nor occupy more than 25 percent of the required yard area. 13. They shall be built in accordance with the Uniform Building Code. B. Accessory uses or structures which are nonconforming are subject to the requirements of Chapter 18.132 (Nonconforming Situations) , where an alteration, extension, reconstruction, or alteration is requested. C. in theses instances where an alteration, extension, or reconstruction is requested, the applicant shall apply for an accessory use in accordance with Section 18.132.040. D. A conflict of interpretation concerning whether a structure is an accessory structure shall be resolved in accordance with the provisions of Section 18.32.060 of this Code. 18.100.040 Administration and Approval Process A. The applicant of an accessory use or structure proposal shall be the recorded owner of the property or an agent authorized in writing by the owner. B. A Pre-Application Conference with City staff is required. See Section 18.32.030. C. Due to possible changes in State statutes, or regional or local policy, information given by staff to the applicant during the Pre-Application Conference is valid for nor more than 6 months. 1. Another Pre-Application Conference is required if any accessory use or structure application is submitted 6 months after the Pre-Application Conference. 2. Failure of the Director to provide any of the information required by this chapter shall not constitute a waive of the standard, criteria or requirements of the applications. D. The Director shall approve, approve with conditions or deny any application for a variance. The Director shall apply the standards set forth in Section 18.100.030 of this Code when reviewing an application for a variance. E. The decision of the Director may be appealed in accordance with Section 18.32.250(A). 1. The applicant may request e hearing before the Commission if the action of the Director is to deny or to approve with conditions. 2. Any persons or group of persons whose interests are adversely affected by this action may appeal the decision to the Commission if the action of the Director's decision is to approve or approve with conditions the application. F. The Director shall mail notice of any accessory use or structure proposal decision to the following persons who may have the right to request a hearing before the Commission in accordance with Section 18.32.230(C) (1). 1. All property owners of record within 100 feet of the property which is the subject of the application; and 2. The Chairpersons of an official recognized Neighborhood Planning Organization, if the property which is the subject of the application lies wholly or partially within the boundaries of such organization. 18.100.050 Expiration of Approval - Standards for Extension of Time A. Accessory use or structure approval by the Director shall be effective for a period of one year for the date of approval. B. The accessory use or structure approval by the Director shall lapse if: 1. Substantial construction of the approved plan has not begun within one year period; or 2. Construction on the site is a departure from the approved plan. C. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed six months provided that: 1. No changes are made on the original accessory use or structure plan as approved by the Director; 2. The applicant can show intent of initiating construction of the site within the six-month extension period; and 3. There have been no changes in the applicable policies and ordinance provisions on which the approval was based. 18.100.060 Application Submission Requirements A. All applications shall be made on forms provided by the Director and shall be accompanied by: 1. Three copies for review by the Director of site plan(s) and necessary data or narrative which explains how the accessory use or structure proposal conforms to the standards: Sheet size for an accessory use or structure site plan(s) and required drawings shall be drawn on sheets not exceed 18" x 24"; and b. The scale of the site plan shall be 20, 50, 100 or 200 feet to the inch. C. All drawings of structure elevations shall be a standard architectural scale, being 1/4" or 1/8". 2. Names and addresses of all who are property owners of record within 30 days before the application and whose property is within 100 feet of the site. 3. The required fee. B. The proposed accessory use or structure site plan shall include the following information: 1. The location of all existing and proposed structures on the site and directly abutting the site and their orientation; 2. The locations of existing and proposed utility lines; and 3. The location of any streets abutting the site. 4. The size (square footage) of the accessory use or structure. 5. A copy of all existing and proposed restrictions or covenants. C. The proposed accessory structure architectural plans shall include the following information: 1. At least two elevations of any proposed structure; and 2. If a building permit is required, all structural drawings and data required by the Uniform Building Code. r � �� Y. :tt• s }ten'-y �30Y! CE FROM: CMOs* in .APPROVED AS PER This 1• to notify you that y ur boundary a QRS 308 72F t} Count for � r STATE OF OREGONAPR 1983 = 6 •, * DEPARTMEKT OF REVENUE w a It-R MAPPING UN T ' -k - has been: r ' 1= SAL E14, 4RE�;',?t 87314 DESCRIPTION �. MAP 3 r; see ed/ J ` �l O approved (see notes) t.. - ?� �'i '7 -s —L =-- - _ _ if disapproved. pl ea�ae submit corrected ret D ' ,� -7 _ description and map. P0RTC f . 1101JAInE,,,�, g J4 �, == ------- -- - ------ter 1-'� - , . FOR NAFFING UNIT AND ASSESS6R USE ONLY tenet of 3tevmnae +?i 1 e no: 4 1 7 twangs prcpoasd chanes❑ recmivad from; _ Data received: •i18n�� {a far aa: 04- ^ascription > !$OtiWs of o now district 0}tap Qg�eyn of terr{to::r to n district t ' , Certified by registered surveyor or rep{atered tae-af territory from a district engineer: 0 you �-no on of diatric(i or �oti ie4E 4eiAasa approprWo) f•�v�Cw .. •�sjx7L+ 19.tlyL rP nl +� r._ lF y I •- k ��T Y' ' J• ��p L f r`' 5 y i4' =fit 7 - r r�)ti� �a �� 1s -i� *n`j3 ff ��l.V' @� '• ._ }t.5A. ! y T.s iA,AiA -: j = 4��• R. ' ., i`! � _�d [,.#t �-t+r'S i��,e3 d�•, '•� �.Eeyq R�.d 3 ,b.•F.i e t r . i 'r i - a T 3,t -�' � 4k t � d - ate ttfi �� �• t '• > illi ` �t }+�(T�.�� ;S � x• � z, � v-yZ�r !�,6 f.:F., i - .r•, .::a4 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM Date: 5/12/83 Item No. 8 Description: FnginPars Report Agenda of: 5/16/83 c W Innth AvPnlP Sanitary SPwPr Fxt_ Previous Action: Accepted T n * 41 petition and authorized Action Required: Accept report and report 9/9/82 pass Resolution of intent attached. SUMMARY In July of 1982, City staff received a petition for the formation of an L.I.D. for sanitary sewer improvements to serve properties on S.W. 100th Avenue south of S.W. McDonald. Due to the uncertainty. of being able to sell bonds, the project was delayed until this spring. A routine check of the=!neighborhood revealed no other interest in oi sanitary sewer service. The attached engineers report was prepared, an informal meeting of the property owners was held on 5/11/83 wherein 100% consensus was expressed to continue the project. The attached resolution of intent approves the engineers report, sets the assessment method, directs: publication of notice and sets the public hearing date. RECOMMENDATION The Public Works Director recommends that Council accept the engineeers report and pas* the attached resolution of intent. ALTERNATIVES (Not recommended) 1. The Council could adjust the engineers report and the resolution and then pass the resolution. 2. Do nothing. i CITY OF TIGARD, OREGON RESOLUTION NO. 83- DECLARING AN INTENTION TO CONSTRUCT CERTAIN SEWER IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A SEWER IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS S.W. 100TH AVENUE SANITARY SEWER EXTENSION LID #41: DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR THE WORK AND ESTIMATES OF THE CITY ENGINEER; AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. WHEREAS, the City Council has accepted petitions requesting sewer improvements and has ordered preparation of a preliminary engineering report, pursuant thereto, at the Council's regular meeting of August 9, 1982. WHEREAS, pursuant to Chapter 13.04 of Tigard Municipal Code, City Council finds it expedient and necessary to order the improvement of the facilities and appurtenances thereto, and pursuant thereto the City Engineer has submitted to the Council plans, specifications, and estimates for the work to be done and the probable cost thereof together with a statement of the lots, parts of lots and parcels of land to be benfited and the apportionment of the total cost of the improvements which each of said lots, parts of lots and parcels of land shall be assessed on account of the benefits derived; and WHEREAS, the Council finds that said plans, specifications and estimates are satisfactory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD as follows: (a) That the City Council does hereby deem it expedient and necessary, and does hereby declare its intention to construct aforesaid S.W. 100th Avenue Sanitary Sewer by construction of sanitary sewer facilities and appurtenances thereto. (b) That all lands situated within the boundaries described on the attached "EXHIBIT A" are determined and declared to be a sewer improvement assessment district, to be known as "S.W. 100th Avenue Sanitary Sewer Extension LID #41", and it is further declared that each lot, part of lot and parcel of land within said boundaries will be especially benefited by said improvements, and that the total estimated costs is $9280 for said improvements, the total cost shall be assessed in full, on a per lot basis, against all lands within said improvement district. (c) That the plans, specifications, and estimates with respect to the improvements as submitted by the City Engineers be, and the same are hereby adopted and ordered to be, maintained on file by the City Recorder for public inspection. i (d) That Monday, June 13, 1983, at the hour of 7:30 p.m. , at Fowler Junior High School Lecture Room, 10865 S.W. Walnut, Tigard, Oregon, be, and the same are hereby set as the time and place for hearing and considering objections or remonstrances to the proposed improvement by any parties aggrieved thereby. (e) That the City Recorder be, and she is hereby, directed to give notice by causing to have this resolution published in the Tigard Times, issues of May 26 and June 2, 1983. (f) Within ten days from the date of the first publication of the notice of this resolution of the owners of 66 2/3% or more of area of the property within the boundaries described "EXHIBIT A" hereto attached, may make a file with the City Recorder a written objection or remonstrance against the proposed improvements. Dated at Tigard, Oregon this day of , 1983. Mayor - City of Tigard i ATTEST: City Recorder - City of Tigard RESOLUTION NO. 83- Page 2 (0458A) EXHIBIT "A" Beginning at the mid-point of the north line of lot 10, Tigardville Heights in T2S, R1W, Section 11 in Washington County, Oregon. Said point being on the centerline of S.W. McDonald Street; thence: Easterly along said north line and its easterly extension approximately 350 feet to a point 30 feet westerly from the northeast corner of lot 12, said addition; thence: South 00' 58' 30" west 180 feet; thence: North 89' 56' 30" west 118.34 feet to a point on the center- line of S.W. 100th Avenue; thence: Southerly along the center line of S.W. 100th Avenue 19 feet to a point which is northerly along said centerline 81 feet from the southeast corner of lot 11, said subdivision; thence: Westerly parallel to the south line of said lot 11 a distance of 50 feet; thence: Northwesterly a distance of 115.28 feet to a point on the west line of said lot 11, said point being 154.54 feet from the northwest corner thereof; thence: Southerly along the west line of said lot 11, 122 feet to the southwest corner thereof; said point also being the southeast corner of lot 10 said addition; thence: Westerly along the south line of lot 10 to its mid-point; thence: Northerly 276.54 feet to the mid-point of the north line of said lot 10 and the point of beginning. t ti S. W. 100th Avenue Sanitary Sewer L. I .D. i SCOPE: This report summarizes staffs study for the proposed S.W. 100th Avenue Sanitary Sewer L. I .D. , in response to a petition therefor. Two locations for the sanitary sewer were considered. One is shown in this report and is that which staff recommends to be installed. The estimated project cost is $9,240.00 including 10% contingency. This cost assumes that installation would occur this summer. The estimated assessments are shown in Table #1. Future extension of the proposed line is anticipated and is provided for. L. I.D. BOUNDARY: The proposed L. I .D. is located in the Northwest Quarter of Section 11, Township 2 South, Range 1 West, W.M. as shown on Plate #1 &/or Plate # 2 (alternate) . All tax lot numbers are from Washington County Assessor' s maps 251-11BA & 251-11BB. The proposed L. I .D. boundary encompasses only those parcels of land which could immediately benefit by the installation of the sanitary sewer line by direct connection to said line (two possibilities exist thereinregard, hence Plate # 1 and Plate # 2) . BENEFITS• Tax lot #100 of Assessor's map 251-11BA and tax lot # 800 of Assessor' s map 251-118B will benefit by the installation of the sanitary sewer line by the availability of being able to make an immediate, direct and unobstructed access, service connection thereto. Tax lot #200 of Assessor' s map 251-11BA will benefit by direct service connection thereto provided a private sewer service line easement is granted by the owner of tax lot #100 to tax lot #200. It is strongly recommended that such easement grant be a condition of approval for creation of this (plate # 1) L. I .D. ti ESTIMATED ASSESSMENT DISTRIBUTION: Assessments for the sanitary sewer are based on a per lot basis for the 8 inch line and appurtenances thereto. Estimated assessments are shown in Table #1 for both Plate # 1 and Plate # 2 (L. I .D. boundary) possibilities. The project Cost Estimate (Exhibit #1) is applicable to both L. I .D. boundary possibilities. ATTACHMENTS: (1) Plate # 1 . . . . . . . . . L. I .D. Boundary (2) Plate # 2 . . . . . . . . . L. I .D. Boundary (alternative) i (3) Table # 1 . . . . . . . . . Estimated Assessments (4) Exhibit # 1 . . . . . . . Cost Estimate (5) Exhibit # 2 Petition (6) Exhibit # 3 . . . . . . . Preliminary Plan 11L-- 95 -� Ti- �E T 3a.( 1 1 95.56 109 79.81 J 2500 2400 2300 35 1 a +I �o 20 2S Z N N `� o f Z" '3600 0 .. o 119.87 3LY)3 47.74 �' �• _ 07Ac f� 3700 u0 .n 'p e1 -MORX 32c 1i3.0 107.0 e- 3700 3800 3900 119.87 - 123 z \ ;�j 28 36Ac. 46Ac. .45Ac. � 3005 3000 \ .36 O „ e 46Ac. .34 Ac. ' 3002 W M 3900 \ r .35Ac R.?0 \ V 7 a•.e 12w 1� 113.0 M " DONALD ° ST . t 116.29 94 94 9l 800 803 804 700 I 200 l00 .36 Ac. .35 Ac. ; 35 Ac. /.42 Ac. I 47Ac. .52Ac. o_ w ^O ( ^ c . c „ ,e4rwvi�ca -D m 0ui b 89 1 )O 94 w 94 rt 3 9 4 I —�4 306.34 I 300 30 806 I .29Ac. .72 Ac. l0 0 11789, . N 89'56 30'w 400 30 T-SS .75Ac. 805 o { 73 AC. P O ' 13 i4 (�' 706.8 4 - J _tel J M 89•S '30 w `� 9.StC�. _ _ - i 802 : f' '00 500 .73 Ac. 90� /./3Ac O ' ( ^ 0 0 •' ® _ i Q W AC. I O 14 N 310.09 1 8 t 1 801 807 9 56c. _ b I 56Ac ( 57 Ac. 110 I 95.11 _/ L..3..i 4F_ T E S T Q 34c �A-7-E)CA.1AT/l/E 1 9.5.56 105 79.81 �.�. /Oo •�� .4vE. sq.V. sew, Ld ,;,o 2500 2400 2300 M 35• ..L. ./. >. 1S®L/it./®f�JM`jam' z — N K -�6 W _„ '3600 n r • >, 119.67 3 47.74 ti _ .07Ac 6 3700 11 32! 113.0 107.0 •^p IM Stl4• 2•w r• 1 3700 3800 3900 119.87 123 - \ 28( .36Ac. 46Ac. .45Ac. 3005 3000 :� 1•` .36< ® ^. 3800 .46A<. .34 Ac. \ s = , e• r O I 119.87 r 'R _ W M 3900 3002\ 35.4c V) ^ R•xo <o<• ♦2•w ` ItS.O :lS.O 2 123 MI DONALD ST. 2.3966. 116.29 1 94 94 I 200 100 800 803 804 700 .35 Ac. /.42 Ac. 47Ac. .5ZAc. 36 Ac. 35�c. X ry. o101 LLJ a I o e o ^ z - ^ g i w ` > 09•5G 30 w ., ,8s4 94 y. 9y� < 06.31 N 300 806 1 ^• .29Ac. 72 Ac. A 11799) 1 19.36ca. N 89"S6.30M 400 30 7.39 75Ac. 805 I 73 Ac. 13 !Q 1 0 308.64 s,. as-WWW loo 500 C . /./3Ac Q ;0 73 ^ � 90) ® = b v 99 4c. 14 o I N 310.09 1 Q 1807 f 9.36c6. 856Ac .57 I ,. E I Ac. o F£ . ---- two•as� a15 �9 � ( g 1.. r P TABLE # 1 S. W. 100th AVENUE SANITARY SEWER EXTENSION ESTIMATED ASSESSMENTS *PLATE # 1• T.L. & Map No. Owner Address Assessments # 100 2S1-11BB Loren B. & Mary T. Tower 10400 S.W. McDonald St $ 3,080.00 # 200 2S1-11BB John J. & Clara M. Plieth 10100 S.W. McDonald St 3,080.00 # 800 2S1-11BA Albert D. & M.A. Tominac 9980 S.W. McDonald St 3,080.00 TOTAL: $ 9,240.00 * PLATE # 2 (Alternative) : T.L. & Map NO. Owner Address Assessments r. # 100 2S1-11BB Loren B. & Mary T. Tower 10040 S.W. McDonald $ 4,620.00 # 800 2S1-11B Albert D. & M.A. Tominac 9980 S.W. McDonald 4,620.00 ' TOTAL: $ 9,240.00 * METHOD: Total Cost a Number of Lots = Lot Assessment ti r EXHIBIT # 1 S.W. 100th AVENUE SANITARY SEWER EXTENSION COST ESTIMATE ITEM DESCRIPTION Unit Est. Unit TOTAL Measure Quantity Price 1) Pipe 8" R.J.C.P. L.F. 186 8.00 $1,488.00 6" R.J.C.P. L.F. 57 6.00 342.00 2) Wye's/Tees 8' X 6" Ea. 3 45.00 135.00 3) 48" Manhole (complete w/stub) Ea. 1 950.00 950.00 ® 4) Connection to Existing MH Ea. 1 250.00 250.00 5) Excavation & Bac4fi11 (0, - 8' ) : Class "D" Trench L.F. 243 7.00 1,700.00 Class "B" Pipe Zone L.F. 243 2.00 486.00 6) R. & R. Pavement L.F. 214 6.00 1,284.00 7) Concrete Plugs We Ea. 3 20.00 60.00 s 811 Ea. 1 25.00 25.00 8) legal/Admin/Engr/Etc.(25%) - - - 1,680.00 ; I< 9) Contingency (10%) - - - 840.00 ESTIMATED TOTAL: $9,240.00 s F` LL Q[ r To ;' THE HONORABLE KAYOR AND CITY COUNCIL V k S ­4*-�ity of Tigard V Washington County { - State of Oregon In the `fatter of the Improvement) of lands described as : ) T�6AROviz_LE /i/E/GNTS ) PETITION FOR AND CONSENT TO CREATE A LOCAL 7IMPROVEMENT DISTRICT (LID) �or /o Tiv ,QDv/L.tE Petitioners hereby request that the hereinbelow described area be improved by creation of an assessment district for the express purpose of �f�2iyEcT�iYG TO .SFW,�r2 ' (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of the indicated property(s) . (2) That the undersigned represent one-half or more of the affected area as hereinbelow described. (3) That the cost of this improvement to be borne by the benefited properties and in respect thereto respectfully show: That the area proposed to be improved by creation of an assessment district comprises approximately �� acres , and is legally described reinbelow (or on the attached sheet marked Exhibit "A" which by reference L.zrein is made a part hereof) : Wherefore, petitioners request -that:said . lands be improved by creation of as assessment district and that the City Council of the City of Tigard, Oregon , expedite creation of the same as provided by law. SIGNATURE ADDRESS MAP RECORDING >; TAX LOT y NUMBER SAo K X80 W LOi✓ 0 a7� ;Oir,O®'' ✓CAS iI/mac r Jia S - D X39_ rn 32�o S4� Nt z: LLJ ` 103 79 01 r00e 2400 2300 !! r 35 e '3600 �. z Q. a ,. •'. 119.87 3Ur)3 i7.7f �` 07AC Z 3700 'el 15.0 :Y O •.0 �, 123 � IaC Stly�32•f —.1 r J 3700 3800 . = :: 119.87 \ a 2E ` 3005 3000 3E 36Ac. 46Ac. O 3800 46,ac .34 Ac v : s JA n • L1 � .P i 119.87 _ n O — „ 3900 3002\ !�' N 35Ac 100.82 • 12M Mc ®ONALD ST. 11c•29 1 94 94 700$p4 SOO 803 200 -__ 2100 .36 AC. .3 5 i c. s N 3S Ac- I.a?Ac. 47dc. : �.SZAc. w — o � ( o I • - N 1ae913csow �• '�J•`sy�C Q I soc.sa 300 30 ( 606 1 .29Ac .72 AC. 11789) l0 1 0 I •.scce. — — — — is?N —o 400 307-51 .7.5Ac. 805 ( w c i .73,4c. a 13 iQ 1 - _C 802 Oo s 500 - - — - - -0-- -73 Ac. 901 /./JAc O O _ ^Q 9J 4c ---- --- 14 0 "� 310 09 1 801 I 807 v tiz Ca I 57 Ai 56Ac S.W. 100th AVENUE SANITARY SEWER L . I .D. OWNERSHIP DATA T.L . 800 T.M. 251-11BA Albert D. & M.A. Tominac .36 ac land $18,000 build $30,500 9980 S.W. McDonald Tigard, OR 97223 �S SOO T.L. 100 T.M. 251-11BB Loren B. & Mary T. Tower .52 ac land $18,000 build $35,900 10040 S.W. McDonald St. Tigard, OR 97223 T.L. 200 T.M. 2S1-1166 John J. & Clara M. Plieth .47ac land $18,000 build $32,200 10100 S.W. McDonald St. Tigard, OR 97223 An P da �rya�ii�[�l�rat3jlT9Il��rf 11161111ttTIfTfl 1fifflyffilgl�lfleaft�+E�p7�I'+lT{Ia11IlI{Ifi6lflR19+leia tl+�sgl�lgotltl{FA! y NOTE: f IF THIS MICROFILMED OWING IS LESS CLEAR THAN THIS NOTICE, IT IS Diff TO THE QUALITY OF THE ORIGINAL - OWING. — o}}e—sz "sz— a 9z sz 4a Sz ZZ Sz oz —Br 81 F1-- —s� s'f —4i __Ea___z1— —Ie —Of JL6Tj5 8 1 — g--s_.__� _—a z I, igli0lil{IIl1�9l1{IIlI�IHlfIH R nil ! d -- ! Ulf — � 9 - hT I-.0431=0 � D W Q z v, Q � T•L.#800 I I - L--- - --i j EX/ST. AH. STA. 0,14 fi;iF I + I , S.W /00 I I ' f I I i� I j j '- o T.L X3900 u x 7G.X100 7..L_' 300 Z I° I _3 �y W 0 I � ( T.G. W 3800 NOTE ; FIN,![ LOCATION OF SEl2�//CE LATERALS TO BE ,OETE.eM/NEO BY So' No.c./Z_ 1NSPECTO t' IN F/ELO. I Id €(r €r€ Irt_€7 f i i € i'€ f i T i-!III]1 ! 'If j(T ti19 I ..NOTE: IF THIS MICROFILMED DRAWING .—. .�.�..� -��_� 1�-r.�•( ( _ ��t ��l�� _(�5f � �(��1���t�l�€ ( �i�t( i(iji €�i�t(�Il�l�f�tlt�€r�(€9 �(I�f�l�t�€�Il 1111 ���I�If€�€f 112 r DRAWING IS LESS CLEAR THAN THIS NOTICE. IT IS DUE TO THE QUALITY OF THE ORIGINAL DRAWING. ---._ —_—_ oC sz sz a{{z az §z sz "Cz zz .zozsi 1 ... LM€GNLINHILR,INN�LNIr€Ni€Nfl�gl ----- - J.6 X eu1mviff A R 7 ),iurlun - j E 199i ------------ I. i . : I , I f VT i AL — I Lq ZLEr I I ... I _ . , f 1) 41 work IsW1 bRPerf.F.d City- 2) M itaadr d>3seiof worN shall considered c}leg>letL� it _.._ _. I 3) locai�i,on ofSt .£�ciht. _ a the. L tee3 bei — I t I - •_.... _ Showa e. lanais __. .Inies/ nci s�for ar•nito Lural sery,ce oon etlor r yule- . i ` t- I - I : 1' __.. I I { i 4) All rtain lira rani severer t--- — -y'---.. _ . tan' Pi shall be 8 itch and all set ice lataels shall be 6 inch joint i - j cDncrete PiPe, tO line and t J. + 5) Trench bxhfill enterial erd> i I I I sfg,}3 be!n culf�aerz.�-yith city . /QD 6) TYaffi.c oontr l shall be the tr J9N SE1�/ !2 :EX E�fS/OqV . zeW.6ibility to ia'e arai shall;be in ' city!.._,_y ._... - , --— -- I I I L . I i y !1 1! 1 I ip i !_ [ 1111111111111-1 1 i I tilaab7taliatarlla#oftl 1 t ) iati : .DRAWING IS - A —I- f. ..1_.(. ��I i j- ITjTf� ii.!)Ii�fltl�►'�ti>1r(t�titlai�[ iIIIa)aialtiali1I11Ia�II3'ai��a�a�al'iala�`laifl►�ait�altJtlr�Tta�a'al' •- _ NOTE: IF THIS NICROFILNED I• --.-,. 4 ._.- ._ rJ _ 6_ _.. ] $ 9 0 LESS CLEAR THAN ,THIS NOTICE. IT IS DUE TO _ r THE QUALITY OF TrE ORIGINAL ' DRAWING. ._._. _.. ®tE 62 92 —LZ sz sz >z ez za Iz oz of of li —si—sr—b� ei ao !� oi—8 ® Z— 9--s-- b .. E z a,..n, ! R _.... _ aNIIIII�flaa�tltllfltt�Uffa701{aa71_ I Lti)7 !---- 7.— 'MPARCH - a — — 77-7--. I 3ii111...1 — Y-