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City Council Packet - 05/23/1983 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate MAY 23, 1983, 7:30 P.M. sign-up sheet(s). If no sheet is available, FOWLER JUNIOR HIGH SCHOOL 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. REGULAR 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 for discussion and separate action. Motion to: 2.1 Approve Minutes of May 9, 1983 2.2 Approve & Authorize Mayor's Signature - OLCC Application • Stadium Club, 11445 S.W. Pacific Hwy., Tigard, OR, (68th & Pacific Hwy.); Dispenser Class A 2.3 Receive and File: • Portland Metropolitan Area Local Government Boundary Comm. re: Amendment on Service Charges • MACC Report 2.4 Approve Expenditures and Investments $ 130,051.53 2.5 Approve and Authorize Signature • Quit Claim Transfer of Previous Public Property to Private Property • Sewer and Drainage Easements for projects located at 95th & Center • Winterlake, Phase IA (Authorization to release a portion of entrusted monies) 2.6 Approve and Authorize Payment of Legal Fees 3. DOG CONTROL CODE AMENDMENT ORDINANCE NO. 83- :REClOUS Chief of Police 4. METALS/TRANSIENTS MERCHANTS - ORDINANCE NO. 83- 0 Chief of Police 5. BUSINESS TAX REVISION, HOUSEKEEPING - ORDINANCE NO. 83- 0 Administrative Assistant Joy Martin 6. WHITE ANNEXATION PETITION (Pacific Hwy./Durham Rd.) • Associate Planner Liz Newton 7. McINTOSH ANNEXATION PETITION (113rd/Durham Rd.) • Associate Planner Liz Newton 8. ASH/PACIFIC LID #38 • Council Consideration, Public Hearing Continued from 5/16/83 _ • Public Works Director 1- 9. 68TH PARKWAY (ATLANTIC/PACIFIC) LID #35 • Public Hearing Opened • Summation by Public Works Director • Public Testimony: Opponents, Proponents • Public Hearing Closed • Council Consideration and Action 10- TURA CHARIER INITIATIVE, DISCUSSION • City Administrator 11. JADCO APPEAL, DISCUSSION (Memo & Attachments from 5/16/83) ' - • Mayor 12. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660 (1)(d), ORS 192.660 (1)(f) and ORS 192.660 (1)(e) to consider issues related to labor relations, pending litigation and acquisition of real property. 13. RATIFY & APPROVE TMEA COLLECTIVE BARGAINING AGREEMENT FY 83-85 • City Administrator 14. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair under item 1.3 will be discussed at this time. All persons are encouraged to contact the City Administrator prior to the meeting. 15. ADJOURNMENT '- TIGARD CITY COUNCIL SPECIAL MEETING MINUTES - MAY 23, 1983 - 7:30 P.M. 1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilors: Tom Brian, John Cook (leaving 11:20 P.M. ) ; Kenneth Scheckla and Ima Scott; City Staff: Frank Currie, Director of Public Works ; Doris Hartig, City Recorder; Bob Jean, City Administrator; Liz Newton, Associate Planner; and Ed Sullivan, Legal Counsel. 2. CALL TO STAFF, 70UNCIL & AUDIENCE FOR NON-AGENDA ITEMS UNDER OPEN AGENDA City Administrator requested the following items be added: Police Serial Levy Resolution Round Table Pizza OLCC Permit Approval Park Caretaker Ratification Update Washington County Transportation Plan Park Board Proposed Serial Levy Resolution 3. APPROVE MINUTES OF MAY 9, 1983 (a) Motion by Councilor Cook, seconded by Councilor Brian to approve. Approved by unanimous vote of Council. 4. APPROVE AND AUTHORIZE MAYOR'S SIGNATURE OLCC APPLICATION Stadium Club, 11445 S.W. Pacific Hwy. , Tigard, OR (68th & Pacific Hwy. ) Dispenser Class A Application (a) Motion to approve and authorize signing: Councilor Cook, seconded by Councilor Brian. Approved by unanimous vote of Council. 5. RECEIVE AND FILE: Portland Metropolitan Area Local Government Boundary Commission Re: Amendment on Service Charges. MACC Report Washington County Transportation Plan Status Report (a) Motion to receive and file: Councilor Cook, seconded by Councilor Brain. Approved by unanimous vote of Council. 6. APPROVE EXPENDITURES AND INVESTMENTS $130,051.53 (a) Motion to approve: Councilor Cook, seconded by Councilor Brian. �c Approve by unanimous vote of Council. PAGE 1 - COUNCIL MINUTES - MAY 23, 1983 7. APPROVE AND AUTHORIZE SIGNATURES Quit Claim Transfer of previous private to public property. Sewer and Drainage Easements for projects located at 95th & Center. Winterlake, Phase IA (Authorization to release a portion of entrusted monies) (a) Motion to approve and authorize signing: Councilor Cook, seconded by Councilor Brian. Approved by unanimous vote of Council. 8. APPROVE AND AUTHORIZE PAYMENT OF LEGAL FEES (a) Motion to approve and authorize payment: Councilor Cook, seconded by Councilor Brian. Approved by unanimous vote of Council. 9. POLICE TWO YEAR SERIAL LEVY Jim Smith, member of the Budget Committee discussed with Council the possibility of resubmitting a two year serial levy to the voters on June 28th. He explained the Budget Committee had discussed the matter of referring another money issue to the voters and the majority of the Committee recommended to Council a ballot measure be prepared for police services. The Budget Committee was concerned about the reduction of level of police services and Smith stated he would be willing to work and support the levy. He further urged Council to place the levy on the June 28, 1983 ballot. Marvin Jones, Summerfield resident reiterated Smith's statement and urged Council to submit the levy to the voters. Peggy Ober, 11385 S.W. Cottonwood spoke to public safety issues and the need for proper police equipment. She endorsed submitting the levy to the voters in June. There was general discussion by Council, City Aministrator and Chief of Police Adams, regarding need and timing. Council members felt the public had made a choice and the issues of the last election were clearly stated. General consensus was that the city should do the best they can with existing resources. Consideration was given to placing a levy on the Sept. ballot with other issues. No consensus was reached at this time. Council members thanked Chief of Police for his presentation and concern, noting they realized there was a need but that they could not support his request at this time. General consensus among Council members was not to place a levy on the June ballot. 10. ORDINANCE NO. 83-25 AN ORDINANCE AMENDING CHAPTER 8.44 RELATING TO ENFORCEMENT OF DOG CONTROL ORDINANCES AND PROVIDING FOR CITATION TO WASHINGTON COUNTY COURTS AND MUNICIPAL COURT. PAGE 2 - COUNCIL MINUTES - MAY 23, 1983 (a) Lt. Wheeler of the Police Department stated this was a housekeeping ordinance and would allow the City to issue misdemeanor citations into Municipal Court. (b) Motion to adopt: Councilor Scheckla, seconded by Councilor Brian. Approved by unanimous vote of Council. 11. ORDINANCE NO. 83-26 AN ORDINANCE LICENSING AND REGULATING ANTIQUE DEALERS, SECONDHAND DEALERS, SCRAP METAL DEALERS, PRECIOUS METAL OR GEM DEALERS, AND TRANSIENT MERCHANTS; AND DECLARING AN EMERGENCY. (a) Lt. Branstetter of the Police Department reported the ordinance is designed to regulate buying and selling of antiques, scrap, precious metals and transient merchants. Other areas have adopted a similar ordinance and this would allow the uniform monitoring and regulating of this kind of activity. Motion by Councilor Cook, seconded by Councilor Brian to approve. Approved by unanimous vote of Council. i 12. ORDINANCE NO. 83-27 AN ORDINANCE AMENDING THE BUSINESS TAX ORDINANCE NO. 82-73 RELATING TO THE INFORMATION REQUIRED FOR THE APPLICATION; THE TITLE OF THE / APPLICATION; TO ELIMINATE AN INTEREST CHARGE f t AND TO IMPOSE A CHARGE FOR DELINQUENCY PAYMENTS; CHANGE THE REFERENCES TO THE CITY RECORDER; AND DECLARING AN EMERGENCY. (a) City Administrator noted changes as presented in staff memo. City Attorney commented the words "City of Tigard, Oregon" should be added to title of ordinance. f: (b) Motion to adopted as amended: Councilor Brian, seconded by Councilor Scott. Approved by unanimous vote of Council. 13. RESOLUTION NO. 83-45 A RESOLUTION FURTHERING ANNEXATION TO THE CITY r OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND DESCRIBED IN EXHIBIT "B" ATTACHED (White). ` (a) Associate Planner Newton pointed out area and recommended forwarding resolution to Boundary Commission. (b) Motion by Councilor Brian, seconded by Councilor Scott to approve. Approve by unanimous vote of Council. PAGE 3 - COUNCIL MINUTES - MAY 23, 1983 14. RESOLUTION NO. 83-46 A RESOLUTION FURTHERING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND DESCRIBED IN EXdIBIT "B" ATTACHED. (McIntosh) (a) Associate Planner Newton reported this annexation petition has been signed by 100: of the property owners and she recommended forwarding resolution to Boundary Commission. (b) Motion by Councilor Cook, seconded by Councilor Brian to adopt. Approved by unanimous vote of Council. COUNCIL RECESSED 8:50 P.M. COUNCIL RECONVENED 9:10 P.M. 15. ASH/PACIFIC LID #38 (a) City Attorney noted the Council packet contains two alternate resolutions; alternate A is to proceed with project with conditions and alternate B; in the event Council decides not to proceed with the project and wants to terminate the proceedings. He noted he had received some comments from the applicant regarding Alternate A and proceeded to point out the suggested language changes noting the applicant would like to add his comments regarding the revisions to the resolution. Attorney Sullivan also commented on other letters submitted to Council for consideration and finally, noted the name should be changed to Main Street Land Corp. instead of making references to the applicant as J.B. Bishop. Steve Janik, Suite 1470, One Main Place, Portland, representing applicant, discussed the project and proposed changes to alternate resolution A. Discussion by Council, city staff and Janik regarding project, time frames, language changes, foreclosure proceedings and how to minimize the city's risk. Ralph Furrer 10685 S.W. Park, urged Council to use the prudent person rule in considering this project. In addition he submitted his recommendation regarding language changes in proposed alternate A y resolution. Attorney Janik and J.B. Bishop offered rebuttal to Furrer's comments. f Lengthy discussion followed between staff members and Council regarding general language in the alternate A resolution; Council setting policy, how to minimize the risk for the City and proceedings s. in case of default. City Administrator commented staff was making no recommendation on this issue as it is a judgement and policy matter for Council to decide. After further discussion by Council the consensus was not to spend time working on alternate A Resolution. �l PAGE 4 - COUNCIL MINUTES - MAY 23, 1983 f (b) RESOLUTION NO. 83-47 A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING FINDINGS AND DECLINING TO PROCEED WITH LID #38. Motion by Councilor Cook, seconded by Councilor Scott to adopt . Council discussion followed regarding process if the project is terminated. City Attorney commented the applicant will have to come back with a new application and resolution, or the matter could be continued for a date certain. Discussion followed as how to proceed, allowing the city to keep options open if there is a substantial change and the Chapter 11 bankruptcy has been settled. Motion by Councilor Brian to table the resolution for 45 days, seconded by Mayor Bishop. Motion approved by 4-1 majority vote of Council, Councilor Scott voting Nay. 16. 68TH PARKWAY (ATLANTIC/PACIFIC) LID #35 Public Hearing Opened Director of Public Works summarized the project noting the Engineering firm is Cooper Consultants Inc. He reported one written remonstrance from P.G.E. Public Testimony: o Carl Johnson, 6155 S.W. Bonita Road, inquired regarding the Dartmouth extension policy and if it applied to development in this area. If it did not apply he requested his property be included in the project. o Iry Larson, resident on S.W. 68th Avenue suggested Council name the street S.W. 68th or Parkway from Hwy 99W to Farmers Insurance property. o Mike Livington representing P.G.E. , said they were not opposed to the project but did not want to be included in the LID. o Geo. Hanson, 1000 S.W. 3rd, Portland, representive for O.E.A. property, testified in favor of LID. o Don McIntosh, representing Henry White, tax lot 200 was in favor of the LID on the condition they can use the property for development. He also requested time to review the easements and assessment method. (a) Motion by Councilor Cook, seconded by Councilor Brian to continue the public hearing to June 13, 1983. 17. JADCO APPEAL DISCUSSION Mayor Bishop noted his concern that the applicant had not complied ( with the County conditions and that more work is being done on the property. The Mayor requested staff to follow up and very strongly urged JADCO to conform with conditions that were applied. Staff to report back to Council and notify applicant of Council discussion. PAGE 5 - COUNCIL MINUTES - MAY 23, 1983 COUNCILOR COOK LEFT 11:30 P.M. 18. TURA CHARTER INITIATIVE DISCUSSION (a) Mayor Bishop recommended that on June 13, 1983 meeting that Council put on a competing issue. He suggested putting a cap on the figure or the dollar amount of improvements on TURA. City Administrator reported he had requested consultant to get a preliminary report by June 13, 1983. He also mentioned the TURA Advisory Committee would like to put up an alternate measure on June 13, 1983. Council and staff discussed time lines. City Attorney noted that if both issues pass, the one that receives the most votes will be the measure that passes. 11:38 Pr: COUNCIL RECESSED AND WENT INTO EXECUTIVE SESSION UNDER ORS 192.660 (1)(d), ORS 192.660 (1)(f) and ORS 192.660 (1)(e) to consider issues related to labor relations, pending litigation and acquisition of real property. 11:55 PM EXECUTIVE SESSION ADJOURNED AND COUNCIL WENT BACK INTO REGULAR SESSION 19. RATIFY AND APPROVE TMEA COLLECTIVE BARGAINING AGREEMENT FY 83-85 (a) Motion to approve: Councilor Scheckla; seconded by Councilor Brian. Approved by unanimous vote of Council present. 20. APPROVE OLCC APPLICATION r Pacific Highway, S.W. 99W between Hall o Round Table Pizza, JI740 S.W. and S.W. Main. Applic=tion for Beer and Wine. (a) City Administrator noted the Chief of Police recommended approval. (b) Motion to approve and authorize the Mayor to sign: Councilor Scheckla, seconded by Councilor Scott. Approved by unanimous vote of Council present. 21. RATIFY COOK PARK CARETAKER SELECTION the Park Board recommended approval of ark (a) City Administrator noted & Sandi Erickson. If approved by Council they can start June 1, or wait until August 1983. The staff recommendation is they begin immediately. n to ratify the Erickson's appointment and Motion by Councilor Briai approval of caretaker agreement, seconded by Mayor Bishop. Motion failed by 2-2 vote with Councilors Scott and Scheckla voting NAY. 22. ADJOURNMENT 12:01 A.M. City Recorder - City of and ATTEST: I I Ar Mayor - City of Tigard PAGE 6 - COUNCIL MINUTES - MAY 23, 1983 Da to May 23, 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 Name , Address & Affiliation Item Description DATE May 23, 1983 r I wish to testify before the Tigard City Council on the following item: (Please Print your name) ITEM DESCRIPTION: 8. ASH/PACIFIC LID #38 PUBLIC HEARING continued from 5/16/83 PROPONENT (For) OPPONENT (against) Nape, Address and Affiliation Name , Address and Affiliation j/et% r ,1. DATE May 23, 1983 I wish to testify before the Tigard City Council on the following item: (Please Print your name) ITEM DESCRIPTION: 9. 68TH PARKWAY (ATLANTIC/PACIFIC LID #35 PUBLIC HEARING F PROPONENT (For) OPPONENT (against) Name, Address and Affiliation Name , Address and Affiliation a L Kc tc ha✓c �ctm c 9`T u/ Tc Yv 1'0 i x 71 M E M O R A N D U M TO: Mayor and City Council FROM: Word Processing SUBJECT: Supplemental Packet DATE: May 23, 1983 8. ASH/PACIFIC LID #38 10. TURA 11. JADCO 12/13. TMEA Contract 14. Police Only, 2 Year Serial Levy Caretaker Ratification - Jerry McNurlin Transportation Plan OLCC - Round Table Pizza - New Outlet 11940 SW Pacific Highway MEMORANDUM May 13, 1983 TO: City Administrator/City Council FROM: Chief of Police SUBJECT: New O.L.C.C. License RE: The Stadium Club 11445 S.W. Pacific Highway Tigard, Oregon 97223 License Applied for: Dispenser Class A (Retail Sales Beer, Wine and Distilled Spirits) Sir: It is recommended that this application be approved and forwarded to O.L.C.C. Respectfully, R'.B. Adams Chief of Police RBA:ac 3 i a i i Avoid Vey i-)al Messages A-1 CITY OF TIGARD To' Chief Adams From :__ Doris Hartig Subject: OLCC Liquor License Date : May 10, 1983 Please review and have recommendation to us byTuesday, May 17th, so we may include it in the packets for the May 23rd Council meeting. Thanks. The Stadium Club 11445 SW Pacific Highway Tigard, OR 97223 S X1-100 (�t,mr a99�-Sob 1 I'S ,rJo - mac-851 1 t_t.c, sr/.3 5lsa `alt.- STATE OF OREGON 9079 S.E. McLoughlin Boulevard "'AGE L COMMISSION� � OREGON LIQUOR CONTROL P.O. Box 22297 ! Portland, Oregon 97222 APPLICATION GENERAL INFORMATION N° 6059 The filing of this application does not commit the Commission to the granting of the license that you are applying for, nor does it permit you to operate the business named below. If a license is granted by the Commission, you will receive a LICENSE CERTIFICATE. No fee is collected by OLCC until a LICENSE CERTIFICATE is to be issued. (7X15 SPAC'c IS FOR OLCC OFFICE USE) (THIS SPACE IS FOR CITY OR COUNTY USE) not consider this pplication is being made for: I NOTICE TO CITIES AND COUNTIES: Do BOTTLER Greater Privilege I application unless it has been stamped and signed at the. B EWERY Lesser Privilege left by an OLCC representative. DISPENSER CLASS A� New Licensees1 THE CITY COUNCIL, COUNTY COMMISSION, OR COUNTY DISPENSER CLASS B New Location DISTILLERY New Outlet i COURT OF — DRUGGIST New Partner (Name of city or County) FARMER'S WINERY APPLICATION RECEIVED RECOMMENDS THAT THIS LICENSE BE: GRANTED INDUSTRIAL ALCOHOL OREGON LIQUOR CONTROL COMMISSION RAILROAD, PUBLIC PASSENGER CARRIER OR BOAT DENIED RESTAURANTt rj RETAIL MALT BEVERAGE MAY k 1993 DATE -- SEASONAL DISPENSER SPECIAL EVENTS DISPENSER IFN n'V BY WHOLESALE MALT BEVERAGE �IFID' fNESIOI� (Signature) WINERY TITLE CAUTION: If your operation of t is business depends on your receiving a liquor license, OLCC cautions you not to purchase, remodel, or start construction until your license is granted. 1. Name(s) of individual applicant(s), partnership, or corporation: � (�R0�1-',3N , 1�1 � 37 as S w C/� �o2Tt-A�o ORS - 1) � - (Name) (Address) (City) (State) (Zip) 2) -- 3) 4) (EACH PERSON LISTED ABOVE MUST FILE AN INDIVIDUAL HISTORY AND A FINANCIAL STATEMENT) 2. Trade name of premises 5� p L U M C'U� When filed: IQ—, (Year Name Filed with Corporation Commissioner) 3. Former trade name 4. Premises address 1L`,y�- S`L `4 � 1%0. (Number, Street, Rural Route) Cl (Ci ]`it `fir (County) (State) (Zip) 5. Business mailing address 3-7 5-U /Yily__ pOt t—,Cx Q� �!7 c� S (P.O. Bo., Number, Street, Rural Route) (City) (State) (Zip) b. Was premises previously licensed by OLCC? Yes-�<L No Year 7. If yes, to whom: 1! P S �]L{ZANL4,-j N L, — Type of license: - — g. Will you have a manager: Yes No Name (Manager must fill out Individual History, blue Page Z) !! 9. Will anyone else not signing this application share in the ownership or receive a percentage of profits or bonus from this business? Yes No 10. What is the local governing body where your premises is located? I tan (Name of City or County) 1 1. OLCC representative making investigation may contact: — a -K R g RD��� (� (Name) 37 a r s— cH 4k,, 'N t- (air & U�t to - k06 S (Address) (Tel. No.—home,business, message) ( UTION: The Administrator of the Oregon Liquor Control Commission must be notified if you are contacted by anybody offering to influence the Commission on your behalf. Applicant(s) Signature (1) t (In case of corporation, duly \ �3(to'-v 7� authorized officer thereof)rA� `- (2) �T _ (3) Q - J+°�ct- (4) Original—Local go ernment DATE SP•40697d45 Fe.m 8a545-+BO (7181) STATE OF OREGON 9079 S.E. McLoughlin Boulevard 4GE OREGON LIQUOR CONTROL COMMISSION P.O. Box 22297 Portland, Oregon 97222 APPLICATION GENERAL INFORMATION N° 6059 The filing of this application does not commit the Commission to the granting of the license that you are applying for, nor does it permit you to operate the business named below. If a license is granted by the Commission, you will receive a LICENSE CERTIFICATE. No fee is collected by OLCC until a LICENSE CERTIFICATE is to be issued. (THIS SPACE IS FOR OLCC OFFICE USE) (THIS SPACE IS FOR CITY OR COUNTY USE) pplication is being made for: NOTICE TO CITIES AND COUNTIES: Do not consider this BOTTLER Greater Privilege application unless it has been stamped and signed at the BREWERY Lesser. Privilege left by an OLCC representative. I,DISPENSER CLASS A New Licensee THE CITY COUNCIL, COUNTY COMMISSION, OR COUNTY DISPENSER CLASS B New Location DISTILLERY New Outlet COURT OF DRUGGIST New Partner (Name of City or County) FARMER'S WINERY RECOMMENDS THAT THIS LICENSE BE: GRANTED INDUSTRIAL ALCOHOL RAILROAD, PUBLIC PASSE NGERAR'FLES.,�R+BOAT DENIED RESTAURANT _ �iJ LIQUOR CONTI+OI CJ7dNl��; ;, DATE RETAIL ,MALT BEVERAGE SEASONAL DISPENSER SPECIAL EVENTS DISfENSER KAY b )yUj BY WHOLESALE MALT BEVERAGE AND WINE (signature) WINERY err, TITLE CAUTION: If your oReration of this business depends on your receiving a liquor license, OLCC cautions you not to purchase, remodel, or start construction until your license is granted. 1. Name(s) of individual applicant(s), partnership, or corporation: 1) (Name) (Address) (City) (state) (zip) 2) 3) 4} (EACH PERSON LISTED ABOVE MUST FILE AN INDIVIDUAL HISTORY AND A FINANCIAL STATEMENT) 2. Trade name of premises - - When filed: /0 - '— '' - ' - (Year Name Filed with Corporation Commissioner) 3. Former trade name 4. Premises address (Number, Street, Rural Route) (City) (County) (state) (zip) 5. Business mailing address (P.O. Box, Number, Street, Rural Route) (City) (state) (zip) b. Was premises previously licensed by OLCC? Yes No_ Year 7. If yes, to whom: — Type of license: -- 8. Will you have a manager: Yes No_ Name (Manager must fill out Individual History, blue page 2) 9. Will anyone else not signing this application share in the ownership or receive a percentage of profits or bonus from this business? Yes No 10. What is the local governing body where your premises is located? (Name of City or County) 11. OLCC representative making investigation may contact: (Name) (Address) (Tel. No.-home,business,message) UTION: The Administrator of the Oregon Liquor Control Commission must be notified if you are contacted by anybody offering to influence the Commission on your behalf. Applicant(s) Signature (1) (In case of corporation, duly authorized officer thereof)(r' --- (2) (3) (4) 4h copy—ApplC t DATE BYa0tp1d45 - Form 54545-sW (7181) INDIVIDUAL STATE OF OREGON 9079 SE:McLoughlin Blvd. 41STIORY OREGON LIQUOR CONTROL COMMISSION P.O. Box 22297 Por:'snd, Oregon 97222 Page 2 — Application All blanks must be filled in. - OLCC If the question does not apply to you,place WA(Not Applicable) in the spar. USE .} - g✓gin/ .S arc K f , 6 ONLY 1. Name M] , (L-0 _..i f lF�rstl '4""� j(MWCN], :k. 2 2. Other names used 3. Address (Hvmoo..na sv.a) loin) 3„ 4. SSN IV _ - Date of Births 5. Place of Birth +z tiey (Gtr) <. .? _ S(Sta4 or try) Color Hair Color Eyei- � lWeightpK7�/p •� � 6. Height ¢ 1 7. Sex d I` NameeofSpouusses a,• y _�. ty f � ^' tl 2. - ?5� /! Business Phone 8. Home Phone(Atse (A—(A—Cab) 9. U.S.Citizen: Yes-7— �No If"No"list Alien Reg.No. . CRIMINAL RECORD NOTE: For your Information,a criminal records check is made on all liquor license applicants In the normal processing of a license request.Fingerprints may be required. t t v 10Have you been convicted(including probation,sentencing,or bail forfeiture)of any crime,violation or infraction of any 1¢w4(Do /L not Include minor traffic violations for which a fine or bail forfeiture of$50 or.less was Imnposec�).jYes - :,No, 1OB.Are there presently pending against you any criminal charges,violations or infractions of the i w (Do not Include tninortreff�ox ? *` violations for which a fine or bail forfeiture of$50 or less was imposed). Yes No 10C. If you have answered"Yes"to 10A or 10B,list below: Offen" Dab city and State "? ResuR (Attach additional street if necessary.) ` NOTE:The Information listed In 1 through 10 above can protect you from an error in the crl;111 reCords'chacfcF,;:, EMPLOYMENT AND RESIDENCE HISTORY 11. List current and former employers or occupations during the past ten years:(Attach additional Sktee .l1 nectassary)4- 1 Dates by_MonlM'ear_ Employer or Business_ Oecupatlo T C ang,fllata From r, To • From To :,_.� ?•, From To From To - - - 12. List other cities and states where you have lived in the past 10 years other than those noted in question 11 above:(Attach additional •: sheet if necessary.) - - Deter by MorttWYear City and Stat. - From To . . From To .. - From To ACTIVITY IN LIQUOR INDUSTRY (Inside or Outside Oregon) 13. Are you presently or have you been licensed or employed in the liquor business? Yes NoWhara&When? 14. Have you ever rece!yed a warning,a notice of violation,suspension,fine,or revocation as a licensee or permittee? Yes NoWhere&When? 15. Have you ever been refused a permit or license to sell,serve, or dispense beer,wine,or distilled spirits? 4I" Yes No_)(._ Where&When? - r %_ 16. Have you hell,or do you presently hold,a gambling or gaming license from any governmental body.or a Federal Gambling Tax - Stamp? Yes No_LL— Where&When? 17. Have you ever he[Vr do you hold any financial Interest in any liquor enterprise:manufacturing Importing wholesale Or retail?, 't Yes No IN Where&When? Y 18. Do you owe mo::YT any manufacturer or distributor of wine,beer,or distilled spirits on account;leash or Credit'adV�osaf:2 e Yes No Where&When? 19. Is your spouse or ny family member(a)working in any area of the liquor Industry? - - Yes No� IfYes.give: = 1 (Hams) (Huns o1 Byallteaa) - t- Premises Involved: Trade Name - Address Job Title M - .ee.) t. rX7 CAUTION: FALSIFICATION OR INTENTIONAL OMISSIONS OF INFORMATION ON THIS FORM MAY.qE GROUNDS TO,DENY OR REVOKE YOUR APPLICATION FOR A LICENSEI _ Signature: Date• r, . } tH ori01NF-Cool OLCC Oltka.tY Copy-7LCC 1,1 Iwaukll.2W(',ppy--App11oM aif�, " - `� T'Y'L�, V.+r •. Font aW.Saat(12-61) .. "� ..� 'a S�• "''r ty •t , M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: BOB JEAN, CITY ADMINISTRATOR DATE: MAY 13 , 1983 SUBJECT: MACC REPORT The MACC Report for this month covers several areas, all progress- ing nicely. CONSTRUCTION -- Although several months behind schedule, Storer/Metro has really picked up the pace as this month's construc- tion report shows. Most of the aerial wire is now in place in Tigard and undergrounding is underway. Parts of Summerfield and another subdivision off Hall are energized. Most of Tigard on the Durham Road/Hall axis will be served this Summer and all of Tigard at the present rate by this time next year. The Tigard HUB station is now active with an open house coming up soon. BUDGET -- The MACC Administration Budget for 1983-84 is $90 , 165 ($80 , 955 in 1982-83) , and we are starting into Community Access with $59 , 260 and Institutional Access at $13 , 100 . The Educational Access will get a good boost by a Sabatical leave employee from the Beaverton School District (see attached proposal ) . These costs are all covered in the franchise fee advance from Storer and will be repaid from MACC ' s 2% share. The member ' s 3% share will start being realized in 1984-85 as shown on the attached 10-year budget and graphs. All-in-all I am very pleased with MACC ' s start-up and financial position. RWJ : dkr METROPOLITAN AREA COMMUNICATIONS COMMISSION ICONSTRUCTION REPORT MONTH OF April , 1983 CABLE CONST!' JCTI0�1 SYSTEM` TOTALS ® RESIDENTIAL A i d Issu d Permits This Month Total to Date Total Required Aeri Under round Total } Cable Placed This Month 31 .11 8.14 39.25 F s Total to Date 137.48 116.58 254.06 E j Total .Required 424.38 1 233.08 657.46 32.4% 50% 38.6% AerialUnder round Total Cable Energized This Month 8.79 8.87 17.66 i Total to Date 26.70 21L.58 51 .2£3 F Total Required 424.38 233.08 657.46, 6.29% 10.540% 7.79% k ® INSTIMIML Aerial Underground Total Cable Placed This Month 0 0 0 i Total to Date 96.74 2.99 99.43 i Total Required 140 29 169 E Aerial Under round Total Cable Energized This Month 0 0 0 Total to Date 0 0 0 140 29 169 Total Required I E f MACC CONSTRUCTION REPORT Page 2 HEAD EM NO HM rT)rn OF April 1 . Beaverton: Administrative Offices and Hub Site. 11 ,200 sq. ft. , single story SW. Brigadoon (near 141st and Millikan) Complete, operational . Access studio not yet available. 2. Forest Grove: Hub Site. 1 ,600 sq. ft. , single story. 24th between Quince and Yew Streets. Estimated date it will be operational is May 22, 1983. Access studio available, located at Pacific University. 3. Hillsboro: Hub Site. 2,000 sq. ft. , single story. Main Street Extension near 12th Estimated date it will be operational is May 13, 1983. Access studio not yet available. 4. Tigard: Hub Site. 2,000 sq. ft. , single story. SW. 85th (south of the intersection of Hall Blvd. and Durham Road). Complete, operational as of May 4, 1983. Access studio equipment on order. 5. Washington County: Plain Headend. 3,600 sq. ft. , single story. SW. 173rd south of Cornell Road on the proposed Quadrant Business Campus. Complete, operational . Local origination studio not yet available. hiETPOPOLIIAN AREA CO!-JUNICATI0: SSION COP,STRUCTIO'! REPORT tIONTH OF April , 1983 • r1BL• CONSTRUCTION TIGARD j i o RESIDUE IAL Issued Applied Permits This Month Total to Date Total Required Aerial Underaround Total Cable Placed This Month 3.94 3.42 7.36 Total to Date 44.73 11 .05 55.78 Total Required Aerial Underaround Total Cable Energized This Month 4.62 0 4.62 Total to Data 4.62 0 4.62 Total Required THIS'I I�,�Tlnrl�;L Aerialundernround Total Cable Placed This 1lonth Total to Date Total Required Aerial Underaround Total Cable Energized This I'onth Total to Date Total Required MACC BUDGET 1983 - 1984 TOTAL Budget Estimated Proposed Recommended Adopted Expenditures 1982-83 1982-P,3 1983-84 1983-84 1983-84 Personnel Administrator 530,000 530,750 534,000 534,000 Community Program Coord. 14,700 20,000 Secretary 10,000 '0,000 Secr. -City of Beaverton 3,300 3,300 3,400 3,400 Extra help 5,000 0 2,000 2 ,000 Fringes 11 ,220 6,700 14,515 17,225 Total =19,520 aO,750 78,615 36,625 Materials 4, Services Office supplies 1 ,000 800 1 ,000 1 ,'00 Video supplies 350 :1-n 0 Membership fees 500 400 400 400 Publications 200 500 a00 400 Reprographic charges 1 ,000 1 ,750 2,000 2 ,150 Advertising, recording 1 ,000 500 500 500 Travel and subsistence 1 ,;50 2,a09 2,500 2,500 Training 1 ,175 1 ,470 2,400 2 ,400 Meals and related expenses 500 600 1 ,200 1 ,200 ( lehicle expense 1 ,:,00 1 ,400 2,250 2,250 Communication expense 600 1 ,900 2,200 2 ,200 Equipment expense 200 0 200 200 Building expense 1 ,290 1 ,200 7,000 ',900 Liability insurance 1 ,300 1 ,460 2 .050 2 ,050 Unemployment insurance 1 ,200 1 ,20 corker' ; compensation 250 250 Professional services 11,355 16,`55 16,300 "15 '009 `otal 25,'?80 30, 35 al ,c00 53,X'3 ?e;ocation relocation expense 1 ,000 1 , 00 Capital Expense Office machines 550 550 1 ,500 1 ,500 Office furniture 1 ,600 1 ,500 3,700 5,200 Video equipment 10,000 10,000 Vehicle 5,000 5,000 Total 2,150 2,050 20,200 21 ,700 Contingency Contingency 18,920 7,720 12,500 2x,300 TOTAL 596,570 S80,955 5154,215 5186,825 3a G'c,'ati��ri t TO: Bill Tierney FROM: Rod Hevland RE: Sabbatical, Academic Year 1983-84 • Promotion and Development of Educational Access Channels in MACC Franchise Area Rod Hevland has been granted a developmental leave from Beaverton School District for the 1983-84 school year to pursue this project. He has been a Media Specialist with Beaverton Schools for 14 yeas where a major portion of his job is the production and management of video programs and equipment. Rod worked for ten years at KOIN-TV as a Studio Technician, so is experienced in all aspects of broadcast studio production. The project is divided into four phases: 1. Research 2. Development of aids to assist the school districts to better understand cable television and assess their needs. 3. Field contacts: contacting local public and private school districts, presenting aids and planning individual projects. 4. Implementation of individual projects. A brief timeline is attached. I. - The Research portion should be completed in 4-5 weeks. Some of the areas to be researched are: 1. How other communities use the educational access on their cable systems. F 2. Identify the key people within the school districts and private schools who are the decision makers regarding television. 3. Identify the people most likely to become involved in the production and transmission of the programs. 4. General research on educational uses of cable television. E 5. Others as directed by the MACC Administrator. Proouct: Report, Bibliography i 1 I WNW II. The second phase of the project is to develop aids that will be shown to the schools to assist them in assessing their needs and understanding cable television. It will be completed in 5-6 weeks. I envision working with some of the schools who are already utilizing video in some form or another as well as the community programming coordinator for MACC to develop the aids. Product: Introductory video tape, needs assessment guide, listing of potential uses III. Phase three involves contacting the key people within each school district, introducing cable television to them, working to do a needs analysis, and securing a commitment from them to produce at least one program to cablecast on one of the educational access channels during the 1983-84 school year. Every school district in the MACC service area will produce at least one program to be cablecast on the system. Some areas for possible programs are: 1. ESD sponsored Film Festival 2. Student proauctions 3. Athletic events 4. Administrative uses (School Board meeting, address by Superintendent to staff) 4 5. Live programming on some major issues. The time frame is 3 months. Product: Site visits, commitments IV. The remaining portion of the year will be used to assist the individual schools with the productions they identified in Phase III and cablecasting them on the system. s t r Product: Video programs t t V. Intertwinea throughout the entire sabbatical will be programming the f character generated channel with key information related to educational institutions ano happenings. F r i f. t i 4 E TIME LINE September - October, 1983 Research October - December, 1983 Develop Aids January - March, 1984 Field Visits April - June, 1984 Implement individual district projects June, 1984 Review projects FEW O N O O O OI p O O C O O L n CSl O M N Ln LI) Ln O C7) r O LO I O ^01Lf) Ln N 00 M n ^ M L r ro C7) 00 O OG d N cY N ti') O LO a) Ol r l00CC) oo r0 01) M r- }- r 69 M r- Ir- co N zl- CTr O 000 O 00 O O O O O CSl LL cY LO LO LL") U) O O O O fl, O L 1 N MLnr w Nlc ' O O �• C O r6 O ^ a,) CTl M CS) Ol N O N cY LO N CO LO O d Y Cn cf O> LO l0 r 1- LI) N of r r N n n r- N ::I- COO O 000 (=:, 00 00 O O O CS) O O O O O �d• CD C cY M LO 00 N ct w In L.C) Ln Ln O N a, CO Nr- Ln Ln O LI) M O CO � M 00 Cl) >- CS) '- N CO N N r M M N r b4 �' N (� n n N cY r\m O C O O O O lc:> O O O O O Ln 00 LC) Cil LO O O ct cY O O ct n O CIl Cl r C N CO O co r N d O O 00 M N M c r Cl) N F- Ol r N N LD C r U r t 4 c7 N LO LO i� N d' N t0 00 O O c:, C) O O O O O O O O Cp Ln .-� t-- 00 O O � ct• O O c1- N LA C' S- 1 N M Lf) N N r C'M Ln LL) '7 a1 00 r !- r 0 O C M M r M 00 LC) r Y mt� Ln d• GY• r Ln r N — Ln r r E M N ILO lG LO N Gf• r W _ C] � to 00 LO C O O O O O O O O O C O W WLn CSl LOO O C d•c!• O O ct• CSl LP L 1 N ct' LO Gr N N r CM LL7 Ln M lzl N cC LO O O co O M L.C) CS) O r CC r CTI N N ct LO r N F--• >- Ol r LC) Cl) 0') CO O N LD Cil r Z r 414 M N Lr) LO N M r O LO f - F- Z .::t 10 O O O O OG O lc:) O O O O O U W In O O to O Ln d mO O CJ) cf L17 W L 1 t- N 00 t� �' M r Gt Lf) Ln GY M N �— rt)Ln CD Q O 00 O) M 00 r O r ICO O M r-: O C Cl- m r C M O N r CO 00 N co C r' d r -b T Cl) N LO r Ch cY r N N U N U W M Ln O O O O O O O O O O O O O Q tY 00 co O O M O M ct t� O O 1\ M LO M: O Z 1 Ln N CO In Gi• r r N Ln Ln a) co t- N d LY' O r-n r 00 LO M Cl) CT p >- Ql LO O M Q) 110 N r M r- r ct N Z r d4 N r Cl) M M r r r W 0- >< X N d U--) O O Lf) O l.C') Oltn U•) O O O W 00` r C Or O � Ln N O O L I I (� CSl Lfl N O N r M Lf) M t\ Ln MMIc? N O co N a) 00 LO cY O C:> W Y M r CO -zr M O M r Ic7 LO N L0 LO W rl 4A, r N iN r LL- W r CO O O O O O O O O Ln Ln C Ln N CO 1- O O t� CD t` O I\ Ln r O r- �--� S_ t CO N^O C7 O U l0 Cal n CO 1� S cC N U (L) 00 r r M M O t.0 -�d- O O O l O r C n Z >- CTl Cal CT O 00 r r LL_ r N o r a) i-r Ln r- N >> N N N cc a) Cl) Nrts V •r cts 0) IO O U S_ S.. > .i.� i-I C T3 4--1 =3 S- CL QJ S- •r LL O cc d O C O CL > S_ 1- (D 1 •F) M E E N tC O U > C N N O U N Q tY t= a••I p) a) = O O U N 01 O +> +� U O X U Q Y c0 O W +-I 'L3 S_ S_ v c n) 3 i o LL- ro Q A O iT r c0 (.1 O N d > Ln 4-) C � tT O O � CO O v r � � r i 1 booaoa•- __.___ solo I 3slo ERAAC1iIsa FEE � r f � i t r 1 ! a AIaGG E,cOG'sairures i F pec---- . ..d t ' { 4 zo ye4lz t Before the s PORTLAND METROPOLIT_4N AREA LOCAL GOVFIUN&I BOUNDARY COMMISSION In the hatter of the adoption ) NOTICE OF PROPOSED ADOPTION of an Amendment to Permanent Rule ) OF AN AMENDED PERMANENT RULE on Service Charges ) 1. On May 26, 1983 at 7:00 p.m. in Room 602, Multnomah County Courthouse, 1021 S. W. 4th Ave. , Portland, Oregon, -the Portland Metropolitan Area Local Government Boundary Commission will consider adoption of an Amended Rule on Service Charges. 2. The proposed Amended Permanent Rule establishes the Boundary Commission's new service charges necessary to balance the budget for the 1983-84 fiscal year. 3. The purpose of the service charges is to provide about 150 of the costs of operation of the Boundary Commission for the 1983-84 fiscal year. 4. The Commission will consider whether the service charges are adequate and whether they are reasonable. F 5. Interested persons may appear and testify either orally or in writing at the hearing. Written comments may also be submitted prior to the hearing to the Commission office--320 S. W. Stark St. , Room 530, Portland, Oregon 97204. 6. Citation of statutory authority, statement of need, principal documents relied upon and statement of fiscal impact are attached to and made a part of this notice, as Attachment 'W'. 7. The Portland Metropolitan Area Local Government Boundary Commission will conduct the public hearing regarding this issue. Dated: April 25, 1983 Kenneth S. Martin, Executive Officer - 1 - ATTACf "Ar' Before the PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY CONIVUSSION In the Matter of ) Statutory Authority, Statement of Need, Adoption of the ) Amended Rule on ) Principal Documents Relied Upon, and Service Charges ) Statement of Fiscal Impact 1. Citation of statutory authority: ORS 199.457 (3) provides the Commission, with the approval of its Advisory Committee, with the authority to establish and collect reasonable service charges from persons, cities, counties, and districts under its jurisdiction. ORS 199.452 authorizes the Commission to adopt rules. 2. Need for Rule: To adopt amended service charges necessary to balance the 1983-84 Budget. 3. Documents relied upon: December lb, 1982 Memo to BC Advisory Committee and Boundary Commission; January 12, 1983 Memo to BC Advisory Ccamnittee and Boundary Commission; 1983-84 Budget as adopted by Permanent Rule on February 17, 1983. The above reports are available in the Boundary Commission office, 320 SW Stark - Room S30 - Portland, Oregon, during regular office hours, 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. Monday through Friday. 4. Cities, Counties, Districts, and individuals applying for boundary changes and water and sewer proposals under the boundary commission statute, may be affected by the adoption of this Rule. The economic impact on these affected parties is equal to the proposed service charges for proposals as outlined in the attached Amended Rule. - 2 - CHAPTER 193, DIVISION 10GORULES - PORTLAND METROPOLITAN AREA LOCALGOVERNMENT BOUNDARY COMMISSION DIVISION 10 SERVICE CHARGES Filing Fee 193-10-000 (1) No proposal for a boundary change as defined in ORS 199.415, and no water or sewer line extension proposal or any other action set forth in ORS 199.464 requiring Boundary Commission consideration and approval, shall be considered filed with the Commission unless accompanied by a filing fee in the amount indicated in section (5) of this rule. (2) It shall be the responsibility of the Chief Petitioner to transmit the filing fee to the Commission at the time the petition is filed with the Commission. As used in this rule, "Chief Petitioner" means the person or unit or government filing the petition with the Boundary Commission in the case of minor boundary changes and actions provided for by ORS 199.464, and in. the case of major Boundary changes the person or unit of government filing the petition with the filing agency according to the principal act, provided, that a city council or district board shall be the Chief Petitioner for boundary change proposals initiated pursuant to ORS 199.490 (2) and (5) and ( water and sewer line extensions and connections as set forth in ORS 199.464 (3) . Nothing herein shall prohibit the Chief Petitioner from collecting the filing fee from property owners and/or voters in the territory described in the petition. (3) The Commission shall use county assessor's quarter section maps, records and other documents provided by or on file with the county assessor to determine the acreage of the proposal for the purpose of computing the filing fee. For the purpose of determining the acreage for the filing fee, land within a public way shall not be included in the acreage computation unless the proposal as initiated includes only territory within a public way. In such case the filing fee shall be the minimum fee in section (5) of this rule. (4) As used in this rule, „Urban Growth Boundary” means that boundary of a city, county or district adopted or proposed as part of the comprehensive land use plan to meet the requirements of Statewide Planning Goal #14. The Metropolitan Service District's adopted urban growth boundary is included within the meaning of this definition. (5) Filing Fee: Type of Action/ Unit or Jurisdiction: (a) Minor Boundary Changes (Annexations, Withdrawals, Transfers) for the following units . . . $ 90: (A) Park and Recreation Districts; (B) Metropolitan Service Districts; (C) Highway Lighting Districts; (D) County Service Districts (except for sewer and water) ; (E) Vector Control Districts; (F) Rural Fire Protection Districts; p. 3 (G) Geothermal Heating Districts. (b) Minor Boundary Changes (Annexations, Withdrawals, Transfers) for the parts of Water Districts, Sewer Districts or Authorities, County Service Districts for Water or Sewer, and Cities Zocated within an existing or proposed urban growth boundary. (A) Consisting of 1 acre or less . . . . . . . . . . . . . . $ 90; (B) Consisting of more than 1 acre but less than 2 acres . . . . . . . . . . . . . . . . . . . . . . . . . $ 180; (C) Consisting of more than 2 acres but less than 5 acres . . . . . . . . . . . . . . . . . . . . . . . . $ 240; (D) Consisting of more than 5 acres but less than 10 acres . . . . . . . . . . . . . . . . . . . . . $ 360; (E) Consisting of more than 10 acres but less than 20 acres . . . . . . . . . . . . . . . . . . . . . . $ 480; (F) Consisting of more than 20 acres but less than 30 acres . . . . . . . . . . . . . . . . . . . . . . $ 600; (G) Consisting of more than 30 acres but less than $ 720, 40 acres . . . . . . . . . . . . . . . . . . . . , (H) Consisting of�more than 40 acres . . . . . . . . . . $ 840, (c) Minor Boundary Changes (Annexations, Withdrawals, Transfers) for the parts of Water Districts, Sewer Districts or Authorities, County Service Districts for Water or Sewer, and Cities Zocated outside an existing or proposed urban growth boundary: (A) Consisting of 5 acres or less . . . . . . . . . . . . . $ 90; (B) Consisting of more than 5 acres but less than 10 acres . . . . . . . . . . . . . . . . . . . . . . . . . . $ 180; (C) Consisting of more than 10 acres but less than 20 acres . . . . . . . . . . . . . . . . . . . . . . . . . . $ 270; (D) Consisting of more than 20 acres but less than 30 acres . . . . . . . . . . . . . . . . . . . . . . . . . $ 360; (E) Consisting of more than 30 acres . . . . . . . . . . . . $ 450; (d) Formations, Dissolutions, Mergers and Consolidations of Special Districts or County Service Districts . . .. . . . . . $ 480; (E) Formations, Dissolutions, Mergers and Consolidations of Cities . . . . . . . . . . . . . . . $ 840; (f) Extraterritorial Sewer and Water Line Extensions (Public and Private) , Allocation of Additional Territory (up to & including 10 acres) to Privately Owned Water Systems . . . . . . $ 120; (g) Formation of Privately Owned Sewer and Water Systems, Initial Allocation of Territory to Privately Owned Water Systems, Allocation of Additional Territory (more than 10 acres) to Privately Owned Water Systems . . . . . . . . . . . . . . . . . . $ 360 Stat. Auth. : ORS Ch. 199 Hist: PLGB 1-1980 (Temp) , f. & ef. 10/22-80; PLGB 1-1981, f. & ef. 4-20-81 (ED. NOTE: The text of Temporary Rules is not printed in the - Oregon Administrative Rules Compilation. Copies may be obtained from the adopting agency or the Secretary of State.) p. 4 PAYMENT OF BILLS FOR COUNCIL APPROVAL 5/23/83 PROGRAM BUDGET Community Services 1.1 Police 10,151.65 1.2 Finance & Records 5,568.50 1.3 Municipal Court 1,195.73 1.4 Library 3,175.78 1.5 Social Services -0- Total Community Services 20,091.66 Community Development 2.1 Public Works 19,864.48 2.2 Planning & Development 2,111.18 Total Community Development 21,975.66 Policy & Administration 3.1 Mayor & Council 741.48 w 3.2 Administration 1 ,286.02 x Total Policy & Administration 2,027.50 City Wide Support Functions 4.1 Non-departmental 14,842.61 i Misc. Accounts (refunds & payroll deductions, etc. ) 27,176.69 Investment -0- DEBT SERVICE 5. Bancroft Bond & LID Expenses 43,937.41 UNIFIED SEWERAGE AGENCY f Contract -0- TOTAL AMOUNT OF CHECKS WRITTEN 130,051.53 i May 18, 1983 TO: Honorable Mayor and City Council FROM: Frank Currie, Director of Public Works SUBJECT: Quit Claim transfer of Previous Public Property to Private Property. This document is step one of a two step process to transfer previous (unused) public property to private ownership. Step two will transfer the tract described in this document to three private ownerships. To facilitate this action, it is recommended that Council accept this document. f.. — O•�/G/.U.�7L — — .T[..,..-,....LAW PU..C9...RA 'FORA N.. M_—QUITCLAIM DEED. ------- ---'--" -- SK i� L le That. D & Evelyn V. Goodell, husband ) KNOW ALL MEN BY THESE PRESENTS, y.... -- ---- - & wife, and J.A. Paterson Realty Co. , Inc., an Oregon Corp.. hereinafter called grantor, i _ _ One i the sum of .... _ . Dollars in consideration of ($1.00). _ to grantor paid,the receipt whereof hereby is acknowledged,does hereby remise,release and quitclaim unto :I City of Tigard, Oregon s heirs,successors and assigns all of the grantor's right, title hereinafter called grantee, and unto grantee' �I and interest in that certain real property with the tenements, hereditaments and appurtenances thereunto II belonging or in anywise appertaining, situated in the County of Washington State of Oregon,described as follows,to-wit: That portion of land in the Northwest quarter of Section 3, Township 2 South, Range 1 West, Willamette Meridian, I.dashington County, Oregon, ceing more particularly described as follows: Beginning at the initial point of LAKE TERRACE, a subdivision of record in Washington County, Oregon; thence South 01°34140" West a distance of li.10 feet to the true point of beginning; thence running along an 85.00 foot radius curve to the left (having a central angle of 11°19'34", the j long chord of which bears South 56018111" West 16.78 feet) an arc a_stance of 16.80 feet to a point; thence South 50138124" West a distance of 46.75 feet to a point; thence along a 10.00 foot radius curve to the left (having a central angle of 90°00'00'1, the long chord of which bears South 05038124" West 14.14 feet) an arc distance of 15.71 to a point on the East right-of-way boundary line of fifty foot wide SW 124th Avenue; ii thence South 39121'36" East a distance of 4.59 feet to the most Southerly corner of TRACT "C" of BROCKWAY, a subdivision of record in said County; thence along a 192.20 foot radius curve to the right (having a central angle of 4015611611, the long chord of which bears South 18153128" East 134.42 feet) an arc distance of 137.33 feet to a point on the West line of LOT 49 of said LAKE TERRACE Subdivision; thence North 01034140" East a distance of 183.83 feet to the true point of beginning of this de cri tion. Note. ran�tors shall not be responsible for any property taxes mat J may have been assessed against the above property------ 5�1�---- / � To Have and to Hold the same unto the said grantee and grantee's heirs, successors anassigns J forever. In construing this deed the singular includes the plural as the circumstances may require. Witness grantor's hand and seal this 30th dayof D.4arch y//7 1982 II Goo.�de)./_s-�s-c'4�r... (SEAL.) i S� el T (SEAL.) .� od `- (SEA ) J; Paterso- lty Co:, inc. (Pres.) j! J. Paterson ealty o Inc. (SeC)L) IORS 97.49°1 STATE OF OREGON, County of 1435hington ss. 19 Personally appeared the above named Lyle D and Evelyn V GOodel l and T Allan t r o nd of re ,T p$terson who are President and t�i g $a ersSn �easl L.y Tic respectivveo}tYnrary act and deed Sec 09nd acknowledged the foregoing instrument to a their I Before me: (OFFICIAL SEAL) ..Notary Public for Oregon. My commission expires. I QUITCLAIM DEED STATE OF OREGON, j, I ss. ; Countyof.............."----..-...-.....----.. ............................. 1 certity that the within fnstru- i ....... ..................................................... ment was received for record on the ' l TO -........ day of................................. 19-.-.-.-., (DON'T UeC TNIe .................... SVAC[:R[eCRV[D at....................o'clock.---.-M.,and recorded LAea IN couN- in book........................on page................ .......... I ----•"-'-------' n[s wN[R[ Record of Deeds of said County. ....... AFTER RECORDING RETURN TO us ED.) Witness my hand and seal of Ij z County affixed. ........................................................................ County Clerk--Recorder. By...........................................................------- Deputy. S 60'4 Zr--- 'so 7 -- KATHERi N E STREET J A ,0.-34L a0.13 E0 go.32 144.21 s se• 40' 27 E �• J s ae'4o'27 E ,•, 2700 2600 2O 30 20 5100 5000 -1900 27 26 0 51 a v 50 8 : 49 s loo loo goo 80 79.77 • 800 2500 5200 » e8•t0 7 N /39.77 • _ r f 28 0 25 0 52 o a 6400 :o 1 loo loo loo )0(- 2400 5300 TRACT W • 29 m W 24 2 53 92 J N ^` 100 loo 2 100 I W 5 86.10 27 :•00 2300 5400 0 s e2' 1{. . 73 26 w 30 o x 23 0 s ®310'°a ur Z57.913uu�` m 00 54 g 93' z 7 W 1 100 loo 101.04 ; ®� s e e•a o z 7'E J 'a' / 100 _ 70 2200 o ti I r s { -n 31 0 22cpr 100 12/,e 6 tC.fIJ li'`•' ..:_ 7 x7.63 2101 rs 1 � .00 2100 32 21 •a" - .a 100 II�.G4 E ., '� !�dr _•_ r`•:. - .p - 1: 3a � 0 6.4 40 z 7-E 'ate ` '� -'•"..? _ »•.08200 190let v • :D-:; -7 _ III Q&=� 0 t:?100 T O o �� 2000 `� • ^ 143 42 ri>j S 88.25 20 E o• .. 20 800 . -o . • - 8300 00 1800 1ol.e5 . m 88.25 zo w -� C ®� 1900 J N ' 8 - 1700 4 19 a N 07 ca.e$ 20 ffc M ee•2]zo-wr _ k�,• 9c p(� (� /� TRACT •A 1600 0 ,o SEW. B COQ[\^LST. 79002.6-97n o W JQC O 0 16 76.70 r •o 'r � ^ �� Nee•?�'2d w1- JO 7,0 � z0 7 O o e'0 `' 460- 1300 ILAKEJ Z b mum STATE 'OF OREGON ) ss. County cf _ ) On th.i!� day of , 19 , personally eared the above named and acknowledged the foregoing instrument to t r voluntary act and deed. Before me: Notary blic for Oregon My Commission a res: ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every tarm and condition thereof. CITY OF TIGARD By: Mayor By: City Recorder a STATE OF OREGON ) ss. County of ) On this day of , 19 , before me appeared and both to me personally known who, being duly sworn, did say that he, the said is the Mayor, and he,- the said is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said and acknowledged the said instrument to be the free act and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, this the day and year in this my certificate first written. Norary Public for Oregon Page 3 Easement My commission expires U it 1 Cil b•i/a1 �•S THE HOUSING AUTHORITY OF WASHINGTON COUNTY F.O. Box 988 — 560 S.E. Third Avenue, Hillsboro, Oregon 97123-0983 Phone: (503)648-8511 COMMISSIONERS IN REPLY REFER TO: D.H Dittman.Charman T J Erwert.V'ce Chairman L M Wallace W J Frti Patnck R P Hackt April 27, 1983 EXECUTIVE DIRECTOR D Page City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Attention: John Haggman, Engineering Division SUBJECT: Sewer and Drainage Easements for projects located at, 95th. , and Center Dear John: Please find properly executed Easement documents from the Housing Authority of Washington County for Sewer and Drainage Easements across the property owned by the Housing Authority and Sewer and Drainage Easements from Century 21 Homes, Inc. for Sewer and Drainage easements across their property. As soon as your cost documents have been prepared please give me telephone call at 648-8511 and I will be more than happy to pick up that information from you. Thank in advance for your assistance. Sincerely, William R. Pearl Contracting Officer WP/sb Enclosures • o�io)au+s Project: Easement: Deed Reference: KNOW ALL MEN BY THESE PRESENTS: That we (1) THE HOUSING AUTHORITY OF WASHINGTON COUNTY hereinafter termed grantor (s) , in consideration of the sum of $ 0 to be paid by CITY OF TIGARD, a municipal corporation of Oregon,, rein- after termed the City, hereby grant, bargain, sell and convey unto the CITY OF TIGARD a perpetual right-of-way and easement as hereinafter described, together with a temporary right-of-way and easement to use an additional area hereinafter described and designated temporary ease- ment, for the following uses and purposes: 1. Perpetual easement: An unencumbered perpetual. right-of-way and easement for the purpose of constructing, reconstructing, operating, maintaining, inspecting and repairing of an underground sewer line and appurtenances, together with the right to remove. as necessary, vegetation, foliag,, trees and other obstructions within the easement area, but reserving to the grantors the title to the lands, subject to the easement, and the right to make such use thereof, except to consr.ruct buildings, as will not interfere with the uses ano 3urpeses of the easement; said easement area being 7.5 feet on =d.:<< s-,de, when mea- sured at right angles, of th—following described center line within the following dc:.ignated premises: SEE ATTACHMENTS: A E B 2. Temporary easement: Together with the temporary right of ingress, egress, and regress, and use for sewer construction purposes, of additional lands lying parallel to, along the side and within feet, when measured at right angles, of the above described perpetual easement area, excepting and reserving to grantors the unencumbered enjoyment, use and preservation of all struc- tures present upon the premises. This temporary easement shall terminate upon completion of the sewer construction work, at t which time, upon request of the owner, the City will issue a g Written release thereof. Page 1 Easement t i ORIGINAL Should it be necessary to cut and remove any brush, trees, or other matter or materials from the easement area, said brush, trees, or other matter and materials shall be removed and disposed of by the City and the City shall leave the easement area in a neat and workmanlike condition. The City agrees that in connection with its use of the perpetual easement area and in inspecting, repairing, maintaining, or replacing said sewer line, the City will leave the premises in a neat and workmanlike condition and as nearly in the pre-existing state as practicable. The grantors do hereby warrant that they are the owners in fee simple and have the right to grant the above described easements. tness our hands and seals this day of , 19 (SEAL) (SEAL) (SE (SEAL) (SEAL) (SEAL) Fconsideration, the mortgage lien on the above descri pr les is hereby Imade subordinate to the easements above granted. Dated this 26th day of Apri 1 , 19 83 THE HOUSING AUTHORITY OF WASHINGTON COUNTY OWN R By .2 Title STATE OF OREGON ) )ss. County of Washington ) On this 26th day of Apri 1 , 19 83 personally appeared the above named w rl- Y C tl D1 f 1-0 in N and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: Notary Pub is for uregon My Commission expires: Page 2 Easement • R • O�IGIRtAI STATE OF OREGON ) )ss. County of ) On this day of , 19 , personally appeared the above named and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: Notary Public for Oregon My Commission expires: ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. C.['1'Y OF TIGARD c c ruc order STATE OF OREGON 1 )ss. County of ) On this day of 196_, before me appeared _and )oth to me personally known who, being duly sworn,did that he, the said is the Mayor, and lie, the said 1s the Recorder of the CITY OF TIGARD, a municipal corporation, and the said _ __ — and acknowledged the said instrument to be the free act and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, this the day and year in this my certificate first written. Notary PuTlic or Oregon Poly commission expires cage 3 Easement z ORI GIKAL ATTACHMENT A March 17, 1983 Sanit arY Sewer Easement Description for Sewer Line on Washington County Housing Authority Property to be Dedicated to the City of Tigard. A strip of land 15 feet in width lying in the duly recorded plat Angelyn, in the Southeast one-quarter, Southwest one-quarter, Section 35, Township 1 South, Range l West, Willamette Meridian, Washington County, Oregon, lying 7.5 feet on each side of the following described centerline; beginning at a point on the East line of Lot 1 , Greenburg Heights Addition, a duly recorded plat in Washington County, Oregon, also on the West line of said Angelyn, lying North 0 01 ' 00" East 102.50 feet as measured along said East line from the Southeast ` corner of said Lot l ; thence North790 57' 36" East 180.00 feet to the end of said centerline. 0�3J6olnyf,. ATTACHMENT B Storm Sewer Easement description for Storm Sewer Line on llashington County Housing Authority Property to be Dedicated to City of Tigard. A strip of land 15 feet in width lying in the duly recorded plat Angelyn in the Southeast one-quarter, Southwest one-quarter, Section 35, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, lying 7.5 feet on each side of the following described centerline; beginning at a point on the East line of Lot 1 , Greenburg Heights Addition, a duly recorded plat in Washington County, Oregon, also on the West line of said Angelyn, lying North 00 O1 ' 00" East 102.50 feet as measured along said East line from the Southeast corner of said Lot 1 ; thence North 310 20' 55" East 110.b5 feet; thence South 690 50' 30" East 92 70 feet; thence North 30 20' 35" East 33.62 feet; thence South 76a 25' 35" East 97.75 feet to the end of said centerline. f 's �{-• y t i y I =ti — — — — — 77 `' W I l• w v� i� h to Wl t � y c� l 4 wr.• .�. Project: Easement: Deed Reference: KNOW ALL MEN BY THESE PRESENTS: That we II) CENTURY 21 HOMES, Inc., an Oregon corportation hereinafter termed grantor (s) , in consideration of the sum of $ 0 to be paid by CITY OF TIGARD, a municipal corporation of Oregon, erein- after termed the City, hereby grant, bargain, sell and convey unto the CITY OF TIGARD a perpetual right-of-way and easement as hereinafter described, together with a temporary right-of-way and easement to use an additional area hereinafter described and designated temporary ease- ment, for the following uses and purposes: 1. Perpetual easement: An unencumbered perpetual right-of-way and easement for the purpose of constructing, reconstructing, operating, maintaining, inspecting and repairing of an underground sewer line and appurtenances, together with the right to remove. as necessary, vegetation, foliag-, trees and other obstructions within the easement area, but reserving to the grantors the title to the lands, sub)ect to the easement, and the right to make such use thereon, except to construct buildings, as will not interfere with the uses ano ,urpcses of the easement; said easement area being7.5 _ feet oil Ca•:�, side, when mea- sured at right angles, of t-he�ollowing described center line within the following designated premises: See Attachment 2. Temporary easement: Together with the temporary right of ingress, egress, and regress, and use for sewer construction purposes, of additional lands lying parallel to. along the side and within feet , when measured at right angles, of the above described perpetual easement area, excepting and reserving to grantors the unencumbered en3oyment, use and preservation of all struc- tures present upon the premises. This temporary easement shall terminate upon completion of the sewer construction work, at which time, upon request of the owner, the City will issue a written release thereof. Page 1 Easement E E QiZIC'IWA1 Should it be necessary to cut and remove any brush, trees, or other matter or materials from the easement area, said brush, trees, or other matter and materials shall be removed and disposed of by the City and the City shall leave the easement area in a neat and workmanlike condition. The City agrees that in connection with its use of the perpetual easement area and in inspecting, repairing, maintaining, or replacing said sewer line, the City will leave the premises in a neat and workmanlike condition and as nearly in the pre-existing state as practicable. The grantors do hereby warrant that they are the owners in fee simple and have the right to grant the above described easements. Witness our hands and seals this 18 day of April , 198_3 . �— (SEAL) (SEAL) 13Pc (SEAL) (SEAL) (SEAL) For a consideration, the mortgaqe lien on the above described properties is hereby made subordinate to the easements above granted. Dated this 18th day of Apr i 1 , 19 83 CENTU 21 H ES IN . rtgagee B David L. Oringd -nt Title a STATE OF OREGON ) )ss. County of 6 On this �5 day of l/i�.l 19 � 3 , personally appeared the above named David L. Orin gdulph President CENTURY 21 HOMES, INC. and acknowledged the foregoing instrument to be their voluntary act and deed. t Before me: Notary Public for Oregon i My Commission expires:. (- Page 2 Easement 4 f Oic/G)aihl STATE OF OREGON ) )ss. County of ) On this day of _ , 19 , personally appeared the above named and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: Notary public for Oregon My Commission expires: ACCEPTANCE The City above named liereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. C('I'Y OF TIGARD STATE OF OREGO14 ) )ss. County of _) On this day of , 196_, before me appeared and both to me personally known who, being duly sworn, did say that he, the is the Mayor, and lie, the said said is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said __ _ and acknowledged the said instrument Co be the free act and deed of saiu municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, this the day and year in this my certificate first written. ;rotary Pudic for Oregon Fiy- commission expires Page 3 Easement March 17, 1983 Utility Easement Description for Sanitary Sewer and Storm Sewer for Was^ington County Housing Authority passing through London Square Property owned by Cc!n;:ury 21 Properties. Easement I A strip of land lying in Lot Gree,Durg Heights Addition, a duly recorded plat in the Soul:east one-quarter, Southwest one-quarter, Section 35, Township 1 South., Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows : A. strip of land lying 7.5 feet on each side of the following described centerline• bcg4nning at a point on the East line of said Lot 1 , lying North 0� 01 ' 00' East 102.50 feet as measured along said East line from the Southeast corner of said Lot 1 ; thence North 890 59' West 64.57 feet; thence continuing along said centerline and changing the width of the strip of land to 12.0 feet on each side of a future roadway centerline along the arc of a 43 foot radius curve right through a central angle of 770 58' 27" (the long chord of which bears South 480 20' 48" West 54.11 feet) 58.52 feet; thence along the arc of a 90 foot radius curve right through a central angle of 570 46' 04" (the long chord of which bears North 630 46' 57" West 86.95 feet) 90.74 feet; thence along the arc of a 50 foot radius curve right through a central angle of 340 54' 55" (the long chord of which bears North 170 26' 27" West 30.00 feet) 30.47 feet. Easement Ii Also including a strip of lane 24 feet in width lying 1?.00 feet on each side of the following described future roadway centerline; 4 beginning at the Southeast corner of said Lot 1 , Greenburg Heights Addition; thence South 890 57' 50" West 258.30 feet along the South line of said Lot 1 to the railroad right-of-way and Southerly angle of said Lot 1 ; thence along the railroad right-of-way line .:d Vie Southwesterly line of said Lot 1 along the arc of a 1 62.89 foot radius curve right through a central angle of 00 15' (the long chord of which bears North 540 03' 46" West 8.50 feet) 8.50 feet to the True Point of Beginning; thence North 390 23' 30" East 129.59 feet to a point of intersection with the hereinbefore described centerline in Easement 1 . 1 � tih j 4• •! ni 1 ry Al lb pq LU tu -r f !i Z v t,, ,zi _--• - ._ .= rbc, �—�M1 � H } h 1 O 1� dt, v May 17, 1983 Century 21 Homes Inc. , (Suite 112) 7412 S.W. Beaverton-Hillsdale Hwy Portland, OR 97225 RE: Winterlake; Phase IA Gentlemen: In the matter of the original one hundred seventy thousand seven hundred sixtyfour dollars ($170,764.00) letter of commitment between Century 21 Homes, Inc. , the City of Tigard, and Mortgage Bancorporation; this is to serve as official notice to allow releasing of a portion of the Letter of Commitment. Said amount hereby authorized to be released is fortytwo thousand eight hundred thirtyone dollars and 20/100 ($42,831.20) . The amount to remain entrusted to Mortgage Bancorporation to assure the City that all remaining requirements of said subdivision are completed, shall be one hundred twentyseven thousand nine hundred thirtytwo dollars and 80/100 ($127,932.80) . This notice shall not be construed to nullify or alter the terms of the aformen- tioned Agreement in any way, it is merely an authorization to release a portion of entrusted monies. CITY OF TIGARD, OREGON BY: Mavor �— BY: City Recorder J / V t O'Donnell, Sullivan & Ramis Attorney at Law Legal Fees City Council 1,115.10 Litigation NW Underground 995.00 Municipal Court 479.80 Administration 2,201.50 Streets 80.00 TURA 757.00 Planning & Zoning 1,581.00 7,209.40 LID'S #74th Street 485.50 #72nd Street 1,754.08 Ash/Pacific 2,192.00 McKenzie Street 15.00 Tigardville Heights 102.50 s; r 4,549.08 TOTAL 11,758.48 4, y'. F0. 4 t�t l a: 5-a3 g3 - M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: JOY MARTIN, ADMINISTRATIVE ASSISTANT DATE: MAY 12, 1983 SUBJECT: BUSINESS TAX CODE REVISIONS The implementation of the Business Tax Ordinance, in addition to organizational changes has brought to light some weak spots in terms of language and requirements. Following is a list of the proposed revisions: 1. Eliminate some of the information required from the business., 2. Change "application" to "Business Tax Information Sheet". t� 3. Eliminate the interest calculation, and replace it with a penalty fee as specified in the Fees and Charges Policy. 4. Expand the responsibility from the City Recorder to the Finance and Services Department. f Attached are copies of the current language, the proposed language, and a i discussion of the revisions. This is followed by an ordinance amending the { current ordinance. On the ordinance the deleted portions are in brackets, added sections are underlined, and remaining sections are not changed. t RECOMMENDATION 8 If Council agrees with the proposed revisions, make a motion to adopt the attached ordinance. JM : dkr E Attachments r. i 1 4 BUSINESS TAX REVISIONS SECTION 5, (b), (2) CURRENT (2) The application shall contain the following information: A complete description of the business activity to be carried out within the City; (b) The name and address of the applicant, including a statement of all persons having an interest in the business; (c) The location of the business ; (d) Date of the application; (e) Date of birth of the applicant, if a natural person; (f) Social Security number of the applicant, if the applicant is a natural person; (g) Amount of money tendered with the application; and (h) The expiration date of the tax. PROPOSED (2) the business tax information sheet shall contain the following information: (a) The business name, address and phone number; (b) The name, address and phone number of the billing agent; (c) A complete description of the business activity to be carried out within the City; (d) The contact's name and title; (e) Date of the information sheet; and (f) The amount tendered with the information sheet. DISCUSSION 1. For billing purposes and for code enforcement the names, addresses and phone numbers are needed, in addition to the date of the transaction. j 2. To determine the appropriate rate, the description of the business is necessary. 3. The birthdate and Social Security number of the applicant is not v necessary. f 4. The title "application" is confusing when referenced to the fees and t� charges ordinance where application refers to a regulatory action. F BUSINESS TAX REVISIONS SECTION 9. PENALTIES CURRENT 9. (c) Interest shall be collected on any unpaid fee of twenty percent per annum, computed from the time the fee became due to the date of payment. PROPOSED y. (c) Failure to pay the appropriate fee and charge shall result in penalty fees upon notice according to the provisions of Ordinance No. 82-72, Section 6 (c), with a delinquency fee of five dollars. DISCUSSION 1. The current language requires separate calculations for each occurrence which is time consuming. 2. The current language covers the financial loss only, not the time and materials of notification and processing. 3. Section 6 (c) of Ordinance No. 82-72 states "For all other fees and charges subject to this ordinance and not involving an application, the City Finance Director shall give notice of delinquency in writing, if a fee or charge be unpaid. Such fee or charge shall be paid within ten days of the sending of such notice and, in addition, a delinquency fee in an amount to be established by the Council by resolution and sufficient to cover the cost of administration of such fee shall also be imposed. If the fee or charge be unpaid at the end of the ten-day notification period, the initial amount of the fee shall be doubled and the difference shall be deemed a penalty." 4. The proposed delinquency fee is the same charge as under the previous business license ordinance and covers the administration and notification costs. BUSINESS TAX REVISIONS - OTHER - CURRENT Throughout the ordinance reference is made to actions which are to be completed by the "City Recorder or designee." PROPOSED "City Recorder" be changed to "Finance and Services Department" with the definition being "means the department or departments including the Finance Director and the City Recorder with the Finance Director or Designee having primary responsibility." DISCUSSION 1. Since the responsibilities in this ordinance include both financial and record keeping the change will allow organizational changes without causing confusion. 2. Business licenses are more closely a function of Lhe City Recorder, however, the taxation is more closely related to Finance. M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: JOY MARTIN, ADMINISTRATIVE ASSISTANT DATE: MAY 12, 1983 SUBJECT: BUSINESS TAX CODE REVISIONS The implementation of the Business Tax Ordinance, in addition to organizational changes has brought to light some weak spots in terms of language and requirements. Following is a list of the proposed revisions: 1. Eliminate some of the information required from the business. 2. Change "application" to "Business Tax Information Sheet". 3. Eliminate the interest calculation, and replace it with a penalty fee as specified in the Fees and Charges Policy. 4. Expand the responsibility from the City Recorder to the Finance and Services Department. Attached are copies of the current language, the proposed language, and a discussion of the revisions. This is followed by an ordinance amending the current ordinance. On the ordinance the deleted portions are in brackets, added sections are underlined, and remaining sections are not changed. RECOMMENDATION If Council agrees with the proposed revisions, make a motion to adopt the attached ordinance. JM : dkr Attachments t k { F BUSINESS TAX REVISIONS SECTION 5, (b) . (2) CURRENT (2) The application shall contain the following information: (a) A complete description of the business activity to be carried out within the City; including a statement of (b) The name and address of the app licant, g all persons having an interest in the business ; (c) The location of the business ; (d) Date of the application; (e) Date of birth of the applicant, if a natural person; if the applicant is a (f) Social Security number of the applicant, natural person; ed with the application; and (g) Amount of money tender (h) The expiration date of the tax. PROPOSED tax information sheet shall contain the following (2) �rDe business information: (a) The business name, address and phone number; (b) The name, address and phone number of the billing agent; (c) A complete description of the business activity to be carried out within the City; (d) The contact's name and title; (e) Date of the information sheet; and (f) The amount tendered with the information sheet. DISCUSSION 1. For billing purposes and for code enforcement the names, addresses and phone numbers are needed, in addition to the dates of the transaction. 2. To determine the appropriate rate, the description of the business is necessary. 3. The birthdate and Social Security number of the applicant is not necessary. 4. The title "application" is confusing when referenced to the fees and charges ordinance where application refers to a regulatory action. BUSINESS TAX REVISIONS SECTION 9. PENALTIES CURRENT 9. (c) Interest shall be collected on any unpaid fee of twenty percent per annum, computed from the time the fee became due to the date of payment. PROPOSED 9. (c) Failure to pay the appropriate fee and charge shall result in penalty fees upon notice according to the provisions of Ordinance No. 82-72, Section 6 (c) , with a delinquency fee of five dollars. DISCUSSION 1. The current language requires separate calculations for each occurrence which is time consuming. 2. The current language covers the financial loss only, not the time and materials of notification and processing. ^11 other fees and 3. Section 6 (c) of Ordinance No. 02-72 states "For a charges subject to this ordinance and not involving an application, the City Finance Director shall give notice of delinquency in writing, if a fee or charge be unpaid. Such fee or charge shall be paid within ten days of the sending of such notice and, in addition, a delinquency fee in an amount to be established by the Council by resolution and sufficient to cover the cost of administration of such fee shall also be imposed. If the fee or charge be unpaid at the end of the ten-day notification period, the initial amount of the fee shall be doubled and the difference shall be deemed a penalty." 4. The proposed delinquency fee is the same charge as under the previous business license ordinance and covers the administration and notification costs. BUSINESS TAX REVISIONS - OTHER - CU_ R_� which are to be ordinance reference is made to actions Throughout tthe the Recorder or designee." completed by PRO_ FEED artment" with the "Finance ani' Services DeP the Finance "City 1tecorder" be changed to departments including having "means the department or dap Director or Designee definition being Recorder with the Finance Director and the City " primary responsibility- DISCUSSION e include both financ wi and 1• ordianc Since the responsibilities iwillisallown organizational changes record keeping the change causing confusion. of the City Recorder, are more closely a function closet 2, Business licenses y related to Finance. however, the ta�.ati`nn is more Ordinance No. AN ORDINANCE AMENDING THE BUSINESS TAX ORDINANCE NO. 82-73 RELATING TO THE INFORMATION REQUIRED FOR THE APPLICATION; THE TITLE OF THE APPLICATION; TO ELIMINATE AN INTEREST CHARGE AND TO IMPOSE A CHARGE FOR DELINQUENCY PAYMENTS; CHANGE THE REFERENCES TO THE CITY RECORDER; AND DECLARING AN EMERGENCY. WHEREAS, the application requirements on Ordinance No. 82-73 for a Business Tax include items not necessary for the administration of the Business Tax; and WHEREAS, the meaning of the term "application" is inconsistent with the meaning of the term in the Fees and Charges Ordinance No. 82-72. WHEREAS, the delinquency charge in the Business Tax Ordinance No. 82-73 includes financial costs but not administrative or penalty costs ; and WHEREAS, the Fees and Charges Ordinance No. 82-72 includes a procedure for determining and administering penalty charges; and WHEREAS, the Tigard City Council in Ordinance No. 82-72 on Fees and Charges, is required to set delinquency charges; and WHEREAS, the reference to City Recorder for both financial and record keeping responsibilities is confusing. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. That Ordinance No. 82-73 of the City of Tigard is hereby amended by changing the application requirements and the title of the application. Section S (b) (2) of Ordinance No. 82-73 is now ordained to read as follows : (2) The [application] business tax information sheet shall contain the following information: (a) The business name, address and phone number• [(b) The name and address of the applicant, including a statement of all persons having an interest in the business;] (b) The name, address and phone number of the billing ag�.nt; [(a)] (c) A complete description of the business activity to be carried out within the City; [(c) The location of the business;] (d) The contact's name and title; [(e) Date of birth of the applicant, if a natural person;] ORDINANCE NO. 83- [ (d)] (e) Date of the [application] information sheet ; and [ (g)] (f) Amount of money tendered with the [application] information sheet. [and] [ (f) Social Security number of the applicant, if the applicant is a natural person;] [ (h) The expiration date of the tax. ] SECTION 2. That Ordinance No. 82-73 of the City of Tigard is hereby amended by changing the interest charge. Section 9 (c) of Ordinance No. 82-73 is now ordained to read as follows: (c) [Interest shall be collected on any unpaid fee of twenty percent per annum, computed from the time the fee became due to the date of payment. ] Failure to pay the appropriate fee and charge shall result in penalty fees upon notice according to the provisions of Ordinance No. 82-72, Section 6 (c) with a delinquency charge of five dollars. SECTION 3. That Ordinance No. 82-73 of the City of Tigard is hereby amended by changing the references to the City Recorder. Section 2(e) of Ordinance No-, 82-73 is now ordained to read as follows: (e) "Finance and Services Department" means the department or departments of the City of Tigard including the Finance Director and the City Recorder with the Finance Director or designee having primary responsibility. ["City Recorder" means the Cit, Recorder of the City of Tigard, Oregon, or designee.] Section 4(h) of Ordinance No. 82-73 on Special Certificates for nonprofit enterprises is now ordained to read as follows: (h) The [City Recorder] Finance and Services Department shall issue exemption certificates, without the payment of any tax or other charges therefor, to any persons or organization for the conduct or operation of a nonprofit enterprise, either regularly or temporarily, when the [City Recorder] Finance and Services Department finds that the applicant operates without private profit, for a public, charitable, educational, literary, fraternal or religious purpose. (i) Application for an exemption certificate. An applicant for a special certificate shall submit an application therefor to the [City Recorder] Finance and S :rvices Department upon forms prescribed by that officer, and shall furnish such additional information and make such affidavits as the [City Recorder] Finance and Services Department shall require. ORDINANCE NO. 83- Section 5 of Ordinance No. 82-73 is now ordained to read as follows: SECTION 5. [CITY RECORDER] FINANCE AND SERVICES DEPARTMENT (a) Issuing of tax receipts. The [City Recorder] Finance and Services Department shall collect all taxes and shall issue receipts in the name of the City to all persons qualified under the provisions of this chapter, and shall: (1) Make Rules. Promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this chapter. Such rules shall be on file with the [City Recorder] Finance and Services Department and shall be a public record. (b) (1) All business tax receipts shall be issued upon written application and receipt of the applicable tax by the [City Recorder] Finance and Services Department. (d) Duplicate tax receipt. A duplicate tax receipt shall be issued by the [City Recorder] Finance and Services Department to replace any receipt previously issued, or which has been lost, stolen, defaced or destroyed, without any willful conduct on the part of the business tax payer upon the filing by the business tax payer of an affidavit attesting to such a fact and paying the [City Recorder] Finance and Services Department a fee of $10.00 Section 8 of Ordinance No. 82-73 is now ordained to read as follows: (a) Inspection. The City [Recorder] is authorized to conduct inspections to insure the administration and enforcement of this chapter. In addition, all City police officers are charged with the responsibility of administration and enforcement of this chapter. SECTION 4. EFFECTIVE DATE AND EMERGENCY Because of the need to revise the Business Tax Ordinance provisions of the Tigard Municipal Code to provide for improved administration_ and equity of costs, an emergency is declared and this ordinance shall be in effect from and after November 1, 1982. PASSED: By the City Council, by vote of the City Council members present, after being read by number and title only, this day of 1983. Recorder - City of Tigard APPROVED: By the Mayor this day of , 1983. Mayor - City of Tigard ORDINANCE NO. 83- R g MEMORANDUM T0: Mayor and City Council FROM: Bob Jean, City Administrator lb SUBJECT: Ash/Pacific LID X38 Pre-payment for professional services in an amount of $3,500 as Council directed was received by the City and cleared by Mr. J. B. Bishop's bank on Thursday, May 19, 1983. I then authorized Bond Counsel, Financial Counsel and Legal Counsel to pursue the questions raised during the May 16, 1983 Council hearings on LID #38. Staff and professional counsel met Friday morning, May 20, 1983 to conclude these issues for Council consideration prior to the May 23, 1983 continuation hearing. Attached are letters from Rebecca Marshal, Financial Counsel and from Harvey Rogers, Bond Counsel. Additionally, an article from the May 13, 1983 Register-Guard was provided by Mr. Rogers for Council information. Two resolutions have been prepared for Council action under either a decision to proceed with conditions, or to decline to proceed due to current findings. As the decision is a judgment applied to policy not technical issues as to 4 fact, the staff makes no recommendation. i i Attachments: s Clements & Marshall Letter s e Harvey Rogers Letter e R-G Article o Resolution A & Resolution B r CLEASI::,4TS cL I`IARSHALL P NANCIAI.000NSF.IL 4#400:4.N-_%%,%C:A1)AP11 AVE-tiU1T1: 1•U It TI_A NI).ok F;(IUN 07201-39HO 15031 241-7V43 May 17, 1983 City of- Tigard City Hall f Tigard, OR 1 RE: RATIONALE FOR DEBT SERVICE RESERVE ON LID #38 BONDS A debt service reserve consitutes a special fund pledged solely to payment of the principal and interest ("debt service") on the Bancroft Bonds. It is used only if insufficient funds are available when a bond paymdnt becomes due. The reserve may be set equal to one or two years of debt service; however,* if it exceeds 15% of the total bond issue, the investment of the portion exceeding 15% will be subject to investment restrictions. In typical commercial financings, the borrower is required to pay a portion of the cost of the project, that is, to make a contribution to the equity in the project. Some cities now require such an equity participation in Bancroft projects if the assessed property owner is a developer of raw land. Other cities still offer 100% financing, but require that the assesses; party be in good financial condition. In this case the bankruptcy creates concern over the resources constituting the owner's ability to pay on the assessment. If a delinquency should occur, the city is required to wait one year before initiating foreclosure proceedings. The owner has indicated that he is willing to waive this waiting period. If a satisfactory legal waiver is achieved, the foreclosure ran be delayed up to two years. During this time, no assessment payments would be received, but the city would continue to pay on the bonds semi-annually. The city would be forced to use its own funds or to levy a property tax until the foreclosure is complete and a successful sale is consummated. By placing funds into a reserve account, the city has money to draw upon if.a delinquency occurs. Ideally, the fund would provide two years protection; one year would be a minimum compromise. Assuming _ the bonds sell at 9% for 20 years, a one year debt service reserve would be $75,000 (one year of principal and interest on a total issue of $686,000, which includes $611,000 for the project and the $75,000 reserve. ) Two years would require $170,000 from an issue of $781,000. The Debt Service Reserve costs the owner nothing, since if it is not drawn upon, it will be used to pay the final year's(or two) debt service payment on the bonds. The extra interest charged will most likely be earned from investment of the reserve fund and can be returned to the owner upon successful retirement of the bond issue. As stated in my report of April 25, 1983, failure to provide a debt service reserve would cause a substantial increase in the interest rate thereby costing the owner an additional interest charge for borrowing the funds. Therefore, the reserve fund is in the best interests of both the city and the owner. Submitted by: Rebecca Marshall Partner Clements & Marshall cc: Mr. Bob Jean Ms. Susan Schneider Me.. Harvey Rogers Ms. Geri Widner i \ Q . U May 20, 1983 Mr. Robert Jean Administrator City of Tigard, Oregon Re: Bancroft Bond Reserve Fund Dear Mr. Jean: You have asked us to determine whether the City of Tigard could: (a) Assess a property owner for an amount to fund a reserve account, in addition to all improvement costs; and f (b) Issue Bancroft bonds in an amount equal to the costs of the improvement plus the amount to be placed in the reserve account. We have reviewed the relevant Oregon statutes and cases, and find no r__ reserve,authority enabling the City to assess ��L a r=s�-=e. and issue Bancroft bonds with a reserve account. We are, therefore, unable to give an opinion that the bonds would be valid and legally binding obligations of the City. Very truly yours, RAGEN, ROBERTS, O'SCANNLAIN, ROBERTSON AND NEI C�aBey gers RWR:pm r Eugene,OR Register-Guard (Cir. O.66,030) (Cir. Sat.72,321) (Cir.Sun.72,174) MAY 13 1983 P. C. B F.:r. 1899 A A l 9 Bancrot cure fi-Aid . gets 's ff tas force-has given the Springfield But the councils,swayed by developer pleas to Ata City Council several dozen pages of good advice on keep a good thing going, took only half-way pre- how tp get the city out of i ncroft bond hole— ventative measures. And the city staff didn't do a and on how toi:avoid digging fu ure fiscal pits. good job of administering or policing the program. Happily,the--council seems disposed to accept it. There's nothing half-way about the cure rec- ould.that councils`had only',listened:ta ommpnded by the task force. d'ackd rri strodgly on. similar;aiivice New Bancroft loans 'would be limited to •a sin 1980 If tl Ply had,"the city's Bancroft.bole. ,manageable`total of$I million a:year, wlth'subdi- protably', v0uldilot"be nearlyso-deep. ' visions at the bottom of the loan priority list No BanGcoft bonds were originaliy,conceived as a new spbdivision would get Bancroft loans until the way for ibmed ers to use city credit to pay for city sells at least 75 percent of the 350-plus proper- street, sidewalkand sewer•improvements around tt• stuck with through Bancroft foreclo- allm their troiites:Mies sold",low-interest bonds to fi sures: [latli',C the Improvements and�Pve the homeown- s,o .-nmsirati to put UD 25 l levelooers ould b- •�qui ed ers 10-to-20 years to pay.them.-off. percent of Yheir project costs in advance. They'd But developers:dL covered that Bancrofting no longer be able to use,Bancroft financing for so was also a ch&o:way:to subsidize'many of their much of"their costs..And staff procedures would be costs in.developing n@w sU6divisioris "They per vastl' Impr*oved. suaded,SprIngfieldito follow an ultraliberal,virtu- ally no-limdtf,Bagcroft policy'.that-allowed:.them to` . t✓ven if all_the polio►changes are adopted,the borrow for more of their costs:-and in a greater city will be long time climbing out of its Bancroft be total aount;-=than in.ariy other.Oregon city. hole. ,But, with luck, it should to able to. avoid m Great deal, while it lasted. But when the bot- having to levy a special-citywide tax to finance the tom fell out.:of the housing industry, developers climb.. couldn't'sell.;their lots and.couldn't make their The council .seemed in`agreement on the Bancroft,pay rents. Many of them left..Springfield changes at a work session'last Monday. All that holding the.0hanciat bag. remains is a public hearing this"Monday and for Ail this happened.in:just three years. During mal council adoption. that period;Springfield councils were warned sev- It might be.a good idea to add to the new eral times - by city officials and, editorially, by policies a written warning to future councils:When the Springfield News and Register-Guard — that dealing with the city's credit, listen carefully and ' the city was getting in over its head. act conservatively. A CITY OF TIGARD, OREGON RESOLUTION NO. 83- A RESOLUTION OF THE TIGARD CITY COUNCIL SETTING CONDITIONS FOR ADOPTION OF AN ORDINANCE DETERMINING THE COST OF STREET IMPROVEMENTS IN THE ASH/PACIFIC LOCAL IMPROVEMENT DISTRICT (LID #38) , FOR RATIFYING AND ADOPTING THE APPORTIONMENT AND PRE-ASSESSMENT OF THE COST TO RESPECTIVE PARCELS OF LAND WITHIN THE DISTRICT, AND FOR SPREADING THE ASSESSMENT AND DIRECTING THE ENTRY OF THE ASSESSMENTS IN THE LIEN DOCKET. WHEREAS, by Resolution No. 83-26 the City Council declared its intent to construct certain public improvements within an area determined to be a local improvement assessment district identified as "Main Street" LID #38, and WHEREAS, LID #37 was also identified as "Main Street", and WHEREAS, the major property owner assessable in both LID #37 and LID #38 is JB Bishop and his share represents approximately 50% in LID #37 and 99% in LID #38, and i WHEREAS, the property to be benefited is substantially unimproved, an WHEREAS, the Citi• Council is concerned about the security of the City and the bondholders for LID #38 and LID #37, and WHEREAS, the City Council, however, finds the improvements in LID #38 and LID #37 to be desirable. NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Tigard that: SECTION 1. The City Council may proceed with the formation of LID #38 by adopting an ordinance determining costs, adopting the apportionment of costs, providing for preassessment, and spreading the assessment when all conditions of this resolution have been met, to the City Council's satisfaction, by JB Bishop. The City's decision to proceed is discretionary. This resolution does not create any contractual rights in any person. The only purpose of this resolution is to enable JB Bishop to prepare and present a plan of reorganization under Chapter 11 of the Bankruptcy Act for the Bankruptcy Court. SECTION 2. If the City decides to proceed with the formation of LID #38 by spreading the assessment by ordinance and subsequent sale of bonds to fund the improvements for LID #38, the ordinance will be subject to the performance of all of the following. Other conditions may be added in the Council's discretion. i I, RESOLUTION NO. 83- t E A. JB Bishop has entered into a Waiver Agreement, of a form reasonably acceptable to the City Attorney, pursuant to which JB Bishop irrevocably waives the statutory one year grace period before the City may institute proceedings to foreclose the assessment lien under the Bancroft Bonding Act. B. JB Bishop has agreed that if the City elects to do so, the City may increase the principal amount of the bonds sold to fund LID #38 by an amount equal to the total of the bond debt service payments owed during one year of the term of the bonds. The amount of the one year debt service due under the bonds shall be held in an interest bearing reserve account administered by the City and disbursed in the event of a failure by an assessed property owner to pay any assessment when due. C. JB Bishop shall have provided an opinion letter without qualification from Miller, Nash, Yerke, Wiener & Hager advising the City that the bonds and the assessment liens issued pursuant to LID #38 will not be subject to compromise or alteration pursuant to the authority of the US Bankruptcy Court either pursuant to the now pending Chapter 11 proceeding or in a future Chapter 11 proceeding filed by JB Bishop, and a letter from JB Bishop irrevocably agreeing not to petition any court for any such compromise or alteration. D. The City Attorney and the City's Financial Counsel have approved the Chapter 11 reorganization plan provided by J: Bishop. E. JB Bishop shall have entered into an agreement with the City of Tigard, in a form reasonably acceptable to the City Attorney, pursuant to which JB Bishop shall agree to pay to the City for payment into an interest bearing reserve account separate from the account described in paragraph B above, each thirty (30) days an amount equal to one-sixth of the next due semi-annual bond debt service payment. The payment shall be due the 1st of each month and will be in default if not received by the City by the 3rd day of the month. F. JB Bishop shall have entered into a lease agreement with G. I. Joe's for a portion of the property to be assessed under LID #38. Such lease shall be acceptable to the City Attorney with respect to paragraphs (1), (2), and (3) below. The lease payments shall be sufficient to meet the obligation of the assessment. ' (1) The lease shall also include a provision acceptable to the City Attorney whereby G. I. Joe's agrees to JB Bishop's assigning all or a portion of his right to receive rent to the City upon a default by JB Bishop in making a payment referred to in paragraph D above and to direct G. I. Joe's to pay an amount of rent equal to the amount owed under paragraph D to the City. RESOLUTION NO. 83- PAGE 2 (2) The lease shall further include a provision acceptable to the City Attorney whereby G. I. Joe's agrees to make such payments referred to in E (1) notwithstanding a claimed breach of the lease by JB Bishop. (3) The lease agreement between G. I. Joe's and JB Bishop shall not be made public to the extent that is possible under Oregon law especially the provision of ORS 192.500 (2) (c). G. JB Bishop shall have entered into a security agreement with the City assigning both his right to receive rent and the rent under the G. I. Joe's lease, which will allow the City, upon a default by JB Bishop in making a payment referred to in paragraph D above, to direct to G. I. Joe's to pay an amount of rent equal to the amount owed under paragraph D to the City. The City's security shall be a first and perfected lien. Such agreement shall be satisfactory to the City Attorney. H. JB Bishop shall have provided an opinion letter from Ball, Ja_nik & Novack advising the City that the lease is valid and to the best of their knowledge the payments under it are sufficient to meet the obligation of LID #38. I. JB Bishop shall provide the City with a lot book report including a Uniform Commercial Code lien search within 15 days of such a request from the City. J. All persons with an interest in the property which would be subject to the assessment shall sign all documents related to these conditions. SECTION 3. JB Bishop agrees to waive any objection to the preassessment which may result in a deficit assessment. SECTION 4. JB Bishop provides a letter with assurance that there is no federal or state income taxes due for 1982 or prior years. SECTION 5. JB Bishop provides a letter in a form satisfactory to the City Attorney with assurance that except for the assessment for LID #37 and approximately $40,000 in property taxes, there are no other taxes or liens due and owing on the property subject to the assessment. SECTION 6. Resolution No. 83-26 is amended to designate LID #38 as "Ash/Pacific" instead of "Main Street". SECTION 7. If the City Council adopts the ordinance ordering that LID #38 proceed, there shall be a clause in the ordinance requiring a substantial penalty for voluntary or involuntary prepayment. RESOLUTION NO. 83- PAGE 3 (0483A) SECTION 8. JB Bishop shall agree in the application to pay in installments to pay the attorney's fees and cost of any litigation involving LID #38. PASSED by Council on the day of , 1983. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 83- PAGE 3 ( (0483A) \ Q U B CITY OF TIGARD. OREGON RESOLUTION NO. 83- A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING FINDINGS AND DECLINING TO PROCEED WITH LID #38. WHEREAS, JB Bishop, the contract buyer of the majority of the property within the boundaries of proposed LID 438, petitioned for the formation of the LID, and WHEREAS, by RESOLUTION NO. 83-26, March 7, 1983, the City Council declared its intent to construct certain public improvements, and WHEREAS, the City Council on May 16, 1983 and May 23, 1983 held hearings on the proposed LID #38; and WHEREAS, the City Council finds that although the proposed project to be served by the improvements is desirable and the developer is willing to make certain assurances to the City, the risk to the City outweighs the benefits of this particular proposal; and specifically the Council finds: i. The developer is -.. Chapter 11, business reorganization bankruptcy, 2. A reserve fund from the bond sale which would provide some additional security is not possible under the Bancroft Act, 3. The assurances proposed by the developer cannot satisfactorily reduce the risk to the City, 4. The City's Special Assesment Fund is inadequate to carry the bond payments if there is a default. s f x RESOLUTION 83- (0483A) � I F ey/ S i Jp� 4 F NOW, THEREFORE BE IT RESOLVED THAT: SECTION l: Based on the findings above, the City Council of the City of Tigard declines to proceed with LID #38 at this time. PASSED: This day of , 1983. Mayor ATTEST: City Recorder f Eg i S e s s f 's RESOLUTION NO. 83— PAGE 2 s (0483A) �v M E M O R A N D U M TO: Mayor and City Council FROM: Bob Jean, City Administrator SUBJECT: T.U.R.A Charter Initiative DATE: May 23, 1983 The T.U.R.A. Advisory Committee met Tuesday evening, May 17, 1983 at City Hall. In addition to discussing the TURA Supplemental Budget for F/Y 1982-83 and the revised budget for F/Y 1983-84, the Committee did recommend an alternative measure for the September election. The Covolunteered ttee Chairman, on draft Furrer and Committee member, Bob Nunn, both attorneys - a measure for Council consideration at the Monday, June 13, 1983 Council meeting. I will also be speaking with Lyle Stewart about accelerating his efforts and providing any preliminary information to the Advisory Committee and Council on or before the June 13, 1983 meeting. P.S. Please bring your materials on this matter from the May 16, 1983 Council meeting. Also, it should be noted that the Committee did not meet with the Con- sultant nor receive any materials additional to those noted above. s May 18, 1983 MEMORANDUM TO: Mayor City Council FROM: Frank Currie, Director of Public Works SUBJECT: 58th Parkway L.I.D. #35 (Atlantic-Pacific) i x Attached please find portions of the engineer's preliminary report thereinregard. This data may be of assistance to you during conduct of the public hearing. PM (0458A) e� dam ENGINEER'S PRELIMINARY REPORT S.W. 68th PARKWAY LOCAL IMPROVEMENT DISTRICT #35 April , 1983 v of T' �.�`,)i of + y aru 12755 S.W. Ash Tigard, Oregon 97223 *BIG ^Q ® OV 20.%9 0AN��'�� Prepared by Cooper Consultants, Inc. 11675 S.W. 66th Avenue Portland, Oregon 97223 (503) 639-4914 RECOMMENDATIONS Following is a summary of the reconmendations developed in this report: 1. The Council authorize Formation of S.W. 68th Parkway Local Improvement District. 2. The route for S.W. 68th Parkway be essentially the alignment shown for Plan B, subject to adjustment during engineering design. 3. Construction of S.W. 68th Parkway be to collector street standard: 44-foot pavement, curbs, 3-foot parkways, 5-foot sidewalks. 4. Driveways be to commercial standard and their location subject to City of Tigard approval , considering sight requirements. 5. Easements be provided for cut and fill slopes. Slopes be planted with appropriate ground cover and maintained by property owner. 6. Coordinate with ODOT (State of Oregon) for modification of their intersection plan at 68th Avenue and Atlanta, including traffic light installation. 7. Coordinate with ODOT, or their contractor, for use of I-5 interchange excavation in 68th Parkway embankment. 8. The City of Tigard formulate a uniform assessment policy for develop- ments in the Tigard Triangle. 9. The assessment method for road construction be weighted 50% on frontage and 50% on area within 270 feet of the roadway and the assessment for utilities be based on area within 270 feet of the roadway, subject to study by the City of Tigard under item 7, above. 10. The City of Tigard pay for engineering, legal , and administrative costs in lieu of extra capacity charges. The property be assessed for construction costs. 11. The City of Tigard review its cash flow for the next year and estimate the probable market for bond sales. If either appears doubtful , consider preassessment for inital funding. 12. The Council consider the attached resolution (Appendix A) at a regular meeting to (1) confirm the boundary for the District, (2) select the plan, (3) fix the City's contribution, and (4) set the policy for method of assessment. 27 ftil P� 6505QD 46503A - - 1 C T PA Pr'EL)�t/r/.MEE.PS/N Pp�O 6502AD EC�s'SE'f�4�©A)/4�t/E%4�st0J 662 /9c •LEGEA/D - 05 LD 804V"DA Rle 20oGLe-1®A.W&L A&f""R L `�y ( ] - Cu.�xE�vT Po�v�.va /o0 DA arm 200 0A 6.46 Ac / PGE 2.52 Ac 0lip � 600 AD Cioo Die� 7.7d A.C`. 1MrR Q I 2 3 0 0 DA fE1C�/7'ME/� 9 75Ac WA CP W OJ EA ti A1'GA MAR AR J OF T/GA RD I s jw 6.6 r" PARKWAY `/�,. ZO CAL /MPRovEMENTO/SrR/CT PROJECT ALTERNATIVES Several proposed alignments have been identified, each beginning at the intersection of 68th Avenue and Atlanta Street and running northerly to S.W. 69th Avenue (existing) near Pacific Highway. The two proposed alignments for 68th Parkway are: Plan A - Beginning at 68th Avenue and Atlanta Street, north- erly along the east side of the OEA Professional Park to a long curve, northeasterly then westerly, to line up with the lower terminus of S.W. 69th Avenue. Plan B - Beginning at 68th Avenue and Atlanta Street, north- erly along the east side of the OEA Professional Mao Park, then northwesterly and northerly, to transi- ffm tion into an existing curve in 69th Avenue. A shorter, more direct alignment, due north to a tee intersection in the pro- longation of 69th Avenue, was examined and rejected. Minimum geometry for sight distance could be satisfied only by unacceptable volumes of earthwork. The alignments of Plans A and B are shown in Figure 2, together with approx- imate earthwork limits. Adjustments can be made, and will probably be nec- essary, during final design. The State, in redesigning to accomodate this project, may alter the approach angle of 68th Parkway. Topographic surveys will allow refinement beyond that provided by existing mapping. For pavement width and laning consistent with that proposed for 68th Parkway, about 250 feet of 69th Avenue should be widened from is present local stan- dard to collector standard. A local street north of Parcel 2300, connecting 68th Parkway to 72nd Avenue, has been suggested. Because the State may amend their 1-5 interchange plans to extend Atlanta to 72nd, or ultimately build the Darmouth Parkway to Pacif- ic Highway, the suggested local street is not recommended as a part of this District. Until 72nd Avenue has better access to Pacific Highway, the local street has little benefit for the owners in the District. IN 7 6503A ��LT 5CAL E r I"=200' c I ` mX L ortWRrEL).V!/.NffE.?S/N pP 6502AD SEC SC,,T/S,91W.-SE%4 NE%¢(AD) f A/E %4 SE f�4('DA) -LEGEND LSO BOuAIDARy 2ooZA-PARCE4 AtVAlsER C4,1APREAIT ZO/JINq' y 0,*WeAC 0ASSESSEO VW11AT/0N X900 (LAND ONLY) / A Vc_ 6�OOA0 -- /00 0 DA ICIO _ A. I �E /0/ DA 640 AD I �. �•4' PLS GRA DING 21MirNow \ 2 300 DSA .�S E3�AIEN'T \ \ 5w 68 7 1 Y 6v'RIW . � h �i�0e®OS�D ,4na�� a�nvEs) ®DDT/ /Pit MEMEA/T5 C17-Y 0, PAG1C`Y.D LOCAL SW 1AfaR0YSA-f,5W7-L)15TR/CT *cS 19. 2 +cQueaea:a c®neeaue_T�.evveei.eevc. �� ooa W ►-• O Z 1--- NN O O aJ (1) Z Z N Q: F- O W tL Cl- O O O O O O O O O O _! 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In the following chapter, assessment of benefits will be developed on the basis of costs for Plan B. PROPOSED ASSESSMENT OF BENEFITS Oregon law mandates that assessments for improvements be levied such that the costs are apportioned to the benefits. Courts have not held that any certain rformula t of apportionment reiuiresttheall be uniform application ofut ea reasonable have emphazi.,ed that equity q formula. Road improvements are often assessed on the basis of frontage length abutting the improvement, a method that is equitable for regular platted ocis ukere parcels are irregulary shaped, a policy of assigning Ij 1 7' ....... .. r-• -- benefits on the basis of both frontage and area (within a certain d�starc2 of the road) is fairer. City staff has recommended a street assessment policy based 50% on frontage and 50% on area (not to exeeed 200 feet from street). For a recent LID (S.W. Hampton Street) , the depth criterion was 225 feet, or one half the length of a superblock. Because the parcels in this District are more amenable to development as planned units than as lots, a longer depth criterion, 270 feet, is reasonable. Other assessment criteria have been used by local communities: value of land, zoning, land use. In the proposed District, all the lands have similar zoning, and the values and uses will also be comparable after development. Consequently, further refinement is not warranted. The costs of owner-paid utilities (water, sanitary sewers, electrical ) should be apportioned on a different basis from that for roadway, a basis better reflecting their benefits. A criterion of area, without regard to frontage, is recommended - namely, all land within any parcel that lies within 270 feet of 68th Parkway. An exception is Parcel 2300, already adequately served by sanitary sewers; although also served by water and electricity, the improvements will enhance fire protection and illumin- ation, and the parcel should be so assessed. In addition to the costs of construction, there are costs associated with (1) land acquisition for right-of-way and slope easements, and (2) engineering, legal , and administrative fees. s 21 In addition to the costs of construction, there are costs associated with (1) land acquisition for right-of-way and slope easements, and (2) engineering, legal , and administrative fees. the area taken All land for s1 not exactlyies within ofteach parcel . For each parcel i purchased assessment purposes, it is assumed that all the right-of-way is p eimbursed at the at 125% of its aaseduced assessment)ssed value and forland takenl hat each parceiNorprovision is made same rate (as for payment for slope easements, since disadvantages of terrain are reflec- ted in the value of the land. Engineering, legal , and administrative fees (about 15% of construction costs) are often, through not always, borne by the City of Tigard. In any project of this nature, some fwor�inor excess capacitythatFrorq�nstanceired r ahstreet District itself isrequiredthes within narrower than 44 feet might be adequate to serve all theythroughrtraffic. The the District, but clearly it would not carryeloped extra capacity (usdto)thebenefits Districtothers boundary canthose beassessed. greatestvbenefic- parcels contiguous and possibly should be included in the Dis- iaries of this extra capacity trict, but at an anots8� aysaamenablentooexactwer hevaluationan that t. oPayment rof115% Extra capacity is from its System Development Fund, •:s of the construction costs by the City, an approximate method of payment for extra capacity. A summary of the assessment methods and cost basis used in this report follows TABLE 7 COST BASIS FOR ASSESSMENT ., Assessment Construction Legal , Admin and En sneering Cost Schedule Type Cost (Plan B) 9 I (1) X $ 247,135 $ 37,000 I (2) X8,735 1,300 Y 25,100 3,800 II Z 82,525 _00 III TOTAL PROJECT COST $ 363,495 + E 52,000 $415,495 Right-of-Way R 155,800* T�JTAL PROJECT COST 519,295 + $ 52,000 $571,295 INCLUDING RIGHT-OF-WAY $ * Returned to owners in reduced assessments. i 22 N N O N N N (`7 41 61 CJ L L N T m eC .iJ eo e0 to V AZ O_ d- d d O_ O d d Q Q 41 Q Q Q R3 (d e0 ro (U 61 4J G3 d � Cl •.- 01 to eC eo to M M C C C C C C to L " N N N r--- 4- C C C C L C C O O O O (O U (D d GJ +.) N N N N N c_- CL N M eC eC eC GJ >., L eo a E eo V N 3 N - d N N N N O O ty O N O O O O 1 (/'i e0 N 3 V .- L G! .0 4- 4- 4- 4- (J1 N 4- 4- O O O O i •r N O 3Y S2 � Sit N +� SQ O O O N L L O O O O O (D O •i N 0 � s O ee Z 3 LLS S- ao W f 10 tL i d W F- L AT eo c J = to •-'b .0C13 LLJ C i Q g U C •C i� to co V) N i N N N WQJ Y C C 4"' r V) •r N •7 t0 N O ?. vY 4- Cr O' aT 4- Q Cl O E N O V d +� C > O L V eo r d N i O to 41 O X > N co a N 3 to cn 4-w Y VS N I i Y d 4- L �'•� lV � O r L •r O 4J 4 3 eo eo a+ N 1 4t c L 3 — L � C C •� O e� d .9-- 3: 3 rn rn E +-' ea •r eo 4-+ W c "aN. J LN (n N d' W e0 •3 ci U C i n to •r d N d i 0 w (ten v v v a c In L O -• U N to w V � C L N eo E H C2 01 LA C N !G Y N K N t i i 23 i ' C Ln N O M 0p N E O N L V1 1� �+ r+ M l.fl C t.7 d O �' tD r+ .--1 .--. N Vi fA Gl Q1 N 1 O� ap t` to O N ♦- �O M O tD O O O Q L v 01 4"2 _ 4- C Vf l!'1 I ll') C O V y � n t1'1 N O tD M JEl � � n � OO M In Qw N C7 L a .-+ O O 00 M tf1 N L Q O N - d 0p ►� O to t`l Q d V-11 bA d r-. O N ct cl t[� t[l V O1 N N N N -4 N N r-+ CO 4.0-11 b4 a) d � tD ct N O O O O o f t[l C V O1 •--� O �t t1'1 d +� N to N Z C E b4 Ln d4 E N 00 M CO ct tP N N C1 N O1 00 O1 tD to Q1 th 1--' VI M 1- Q1 t.f) Z N 41 N 1 O •--1 M N t0� M W E N Q� r-i r-/ cn �. W N X .0�..•1I w t� ra tD O� � N O tC .--/ M tD tD NQ 4-3 to rr N N .-y coLnul Ln Vf ¢ b4 N W W 104 W to N J O1 to Q U k-D Ito �^ O cr O Q O X L .-+ d n .-r tp Z r 4� b ~ �p to►-. � %.0 M r.- tin v D m C 3 �-+ N U.J d In 4A, �r4 Q GEJ O O O 1 O O CN N 4.1 n -cr O O n W -4 .--1 G r W E •r• N r.- go b O 64 p .►-► N N M v-r O Ql LBQF- /L Q N c v N Q M t^O d OOO ON Oi � M M M Q 4--P O� O, C > N O M O ct N CJ O m m 0% to to O _ 1 rn E .0 o rl CM In V co O L N ¢ A I. _ M lfl to O O N O N M O t9 d E O -0- -4 Ul* 47 3e 1-- N O •--1 �-+ � ~ - � Q 61L. V► �► +- C L +� O O 1 O O C LL- N .r O tV co C Cl) Lan J N d O .-r O N O J O O O tV O J i M O� CD N CC V d O O O O Q ~O d N a0 O b N �.._. d 24 t The foregoing analysis of assessment allocates values to various factors (frontage, parcel area near the road, loss of land for right-of-way) . Other allocations may also be considered equitable, although it is outside the scope of this report to recommend one over another. By way of example, if all costs were to be allocated solely on the basis of parcel area, with no consideration for right-of-way payments, the following assessments result. TABLE 10 ALTERNATE DERIVATION Of ASSESSMENTS (Based on area of parcel ) Area of Estimated Net t Parcel (ac) Total Assessment { 2300 9.75 29 $ 105,413 101 7.78 23 83,604 100 6.48 20 72,699 WSW 6502 6.62 20 72,699 200 2.51 8 29,080 TOTAL 33.15 100 $ 363,495 ($10,965 per acre) 25 C17Y OF TWA RD WASHINGTON COUNTY,OREGON MEMORANDUM TO: Tiga:-d City Council FROM: William A. Monahan V9Am Y>o, f J DATE: May 19, 1983 l SUBJECT: Update on Washington County Transportation Plan Washington County is presently considering adoption of the Transportation Element of its Comprehensive Plan. On Monday, May 16, 1983 I appeared at a public hearing held by the County and represented the City's interests. At that time I reiterated the points which I submitted in a letter dated May 12, 1983 (copy attached) as well as the Council's ideas concernin- the Durham Road load limit. I delivered into the record the Council's concerns and proposal for a prohibition on trucks with a gvw of 30,000 or over from 3 p.m. to 9 a.m. each day and all day Sunday. The public hearing was a joint session of the Planning Commission and the Board of Commissioners. No formal action was taken at the conclusion of the session. The Planning Commission on Wednesday, May 18, 1983 accepted fully the staff recommendations in response to Tigard's comments on the plan (a copy of these comments is attached) . The Board of F Commissioners has yet to act formally on the Plan. Should the Council wish to again stress concern, action should be immediate. s I f f i E � I 12755 S.W.ASH P.O. BOX 23397 TIGARD, OREGON 97223 PH:639-4171 4. \ CITY OF TIGA' WASHING FON COUNT Y ORI C;nN May 12, 1983 I Mr. Richard Daniels, Planning Director Washington County Administrative Building 150 N. First Avenue Hillsboro, Oregon 97123 Kc : Washington Count V'.. 1. r,1 t ! ,n-:I •:: . :it i' Dear Rick, I The City of Tigard Planning -Division has had an opportunity to review the draft Transportation Plan supplied to us by your staff. Our comments are directly only to the areas pertinent to the City's particular interests. Our concerns are as follows: 1) Policy #6 Language on page 119 concerning the extension of Murray Boulevard. The City proposed the following language: #6. Extension of Murray Boulevard Existing as well as proposed development within the cities of Beaverton and Tigard will increase the need for ( improved access between these municipalities. Lacking this interconnection local, short distance trips will plague and congest travel on Highway 217 and Scholls Ferry Road. County I analyses indicate that a two to three lane minor collector extension of Murray Boulevard, south of Old Scholls Ferry Road, preferably in a series of connections to Walnut Street , Gaarde Street, and Bull Mountain Road will accommodate year 2000 travel projections. i Policy Direction - Washington County will cooperate with Metro, O.D.O.T. , and the local jurisdictions efforts to analyze more precisely the travel needs of this corridor/connection. Further, the County will participate in the delineation of ap- propriate alternatives which assure provision of urban services which do not only accommodate residents of the above cities but also the travel needs of unincorporated area residents who are attracted to travel opportunities within tht-SC jurisdictions. C i Page 2 May 12, 1983 Rick Daniels Washington County 2) Figure 15, Functional Classification System - Tigard - Bull Mountain Area - Page 31. The City takes issue with the delineation of the proposed regional connector from Murray Road to 99W. The proposed location of an arterial facility from Murray Road to 99W at Gaarde will neither function as a by pass due to its location or the proposed size. The proposed size lends itself to a minor collector status only. Also, the topographic con- straints present do not promote an economically feasible design of a road. Durham Road is shown as a major arterial. This designation is contrary to Metro's Regional Transportation Plan that indicates that the needs and locations for this type of facility are to be determined. Also, the City questions the Gaarde road connection to McDonald shown as part of Murray Road. It is shown as a straight connection as if this connection currently exists. A proper designation would show the actual course of Gaarde as it connects to 99W south of McDonald or indicate that the connection is a proposed facility. 3) Candidate Transit Streets - Page 79 - Other than the arterial system, the standards for local and collector streets in Tigard to be usedfor transit should be determined by the local jurisdictions and Tri-Met. v a 4) LRT Transitory and Regional Trunk Routes - Page 82 As an alternative to the proposed LRT through Tigard along Highway 217 and Hall, the City proposes that Oleson Road be used to the Burlington Northern Trunk down through the City of Tigard to Bonita Road to Kruse Way. The City appreciates the opportunity to review this draft plan. We would be happy to provide additional comments should you require them. Sincerely, William A. Monahan Director of Planning & Development WAM:pjr cc: Yvonne Addington, Urban Planning Manager RESPONSE TO CITY OF TIGARD COMMENTS ON TRANSPORTATION PLAN /A. WITH RESPECT TO THE EXTENSION OF MURRAY BLVD. , THE CITY OF TIGARD REQUESTS LANGUAGE MODIFICATION ON POLICY ON THIS SUBJECT ON PAGE 119 . Staff Recommendation Concur with and modify appropriate policy to read as follows: Washington County will cooperate with Metro, ODOT and the local jurisdictions ' efforts to analyze more precisely the travel needs of this corridor/connection. Further, the County will participate in the delineation of appropriate alternatives which assure provision of urban services which do not only accommodate residents of the above cities , but also the travel needs of unincorporated area residents who are attracted to travel opportunities within these jurisdictions. Planning Commission Recommendation zls. CITY OF TIGARD TAKES ISSUE WITH THE PROPOSED REGIONAL CONNECTOR EXTENDING MURRAY ROAD TO 99 W. FURTHER, THEY PROPOSE THAT MURRAY SHOULD ONLY BE BUILT TO A MINOR COLLECTOR STATUS_ Staff Response County travel analysis clearly indicates that two to three lanes of capacity needs to be provided. Providing this on a Minor Collector design standard would be inappropriate since the facility connects into a Major Arterial north of Scholls Ferry. Further, the Plan can be amended if the Metro/ODOT corridor studv in the southwest area indicates that such a connection is undesirable and unwarranted. Staff Recommendation Retain designation of Plan. Planning Commission Recommendation I/C. CITY POINTS OUT THAT ON COUNTY MAPS GAARDE ROAD'S CONNECTION ACROSS 99W IS INDICATED TO BE DIRECT TO MCDONALD' S STREET. Staff Response This is obviously an error and will be administratively corrected. -2- �✓ D. THE CITY INDICATES THAT OTHER THAN ON THE ARTERIAL SYSTEM (COUNTY` FACILITIES) , THE STANDARDS FOR LOCAL AND COLLECTOR STREETS TO BE USED FOR TRANSIT SHOULD BE DETERMINED BY THE LOCAL JURISDICTIONS AND TRI-MET. Staff Response Staff agrees that we can only encourage such actions and, indeed, by the adoption of this candidate transit streets man, are so doing (given the relative inaction by Tri-Met in creating such a system for the County) . Staff Recommendation Retain candidate transit streets map adopting policy indicating that outside County jurisdiction streets are only shown for encouragement purposes. Planning Commission Recommendation E. LRT TRANSIT WAYS AND REGIONAL TRUNK ROUTES (PAGE 82) . TIGARD STAFF PROPOSES MODIFICATION OF THE PROPOSED LRT EXTENSION TO TIGARD ALONG { HIGHWAY 217 AND HALL BE CHANGED TO OLESON ROAD, BURLINGTON NORTHEF TRUNK THROUGH THE CITY OF TIGARD TO BONITA ROAD AND KRUSE WAY. Staff Response These alignments were adopted by Metro in the RTP and we would be out of compliance to indicate otherwise. Staff Recommendation Maintain a plan map indicating the LRT transit way and regional routes adopted by Metro. Planning Commission Recommendation ,Ap. i ` M E M O R A N D U M TO: Mayor and City Council FROM: Bob Jean, City Administrator SUBJECT: Jadco Sensitive Lands Permit DATE: May 23, 1983 Attached is a memo from Associate Planner Liz Newton, summarizing the status of this issue. Also attached is a memo from the City Attorney's office on a question raised by Council as to the storm sewer easement over the property. Please bring your materials from the May 16, 1983 meeting under Council information. Given the fact that this matter is still at the Administrative Level, may yet go to the Hearings Offier again, and that the citation is pending before the Municipal Judge, and that any of this may come before the Council on appeal, I wouli recommend a minimum of discussion on this topic. Keeping it as a progress report to Council is probably best. i i F 1 j! { i �I f O'DONNELL. I DATE May 16 , 1983 SULLIVAN & RAMIS ATTORNEYS AT LAW 1727 N.W. HOYT STREET TO Bob Jean, City Administrator PORTLAND. OREGON 97209 15031 222-4402 FROM ,S RE Tigard - JADCO Facts The City of Tigard needed a storm sewer easement from 72nd Avenue through JADCO ' s property for 72nd Street. (See attached sketch) . On December 20 , 1982 , the City Council agreed to purchase the easement from JADCO for 75% of the appraised value, $2, 520 . However, according to the City Engineer, the storm sewer was constructed in May of 1982 . In July, 1982, JADCO placed fill on their property in the flood plain without first obtaining the required Sensitive Lands Permit. JADCO was cited for their omission. The case is pending in municipal court. JADCO is now seeking a Sensitive Lands Permit through the City. Issue Is there sufficient relationship between the storm sewer and the fill to require JADCO to return the amount for the easement as a condition of the Sensitive Lands Permit? Conclusion No, there is not sufficient nexus either in benefit to the property owner, detriment to the City or chronology of the events. Discussion The standard for issuance of a permit is: 11 (1) No structure, fill , excavation, storage or other use shall be permitted which alone or in combination with existing or proposed uses would reduce the capacity of the flood plain area or raise either the flood surface elevation or flow rates or adversely affect flow direction on upstream or downstream properties, or create a present or foreseeable hazard to public health, safety and general welfare. (2) The applicant must obtain the permit required by the State of Oregon under ORS Chapter 541 for removal or filling of waterways , or demonstrate that the provi- sions of this statute do not apply. " TMC 18 . 57 .070. Based on these standards, the Hearings Officer may "approve, deny, or approve with conditions. . . . " TMC 18 . 84. 050 (c) . The storm sewer contained in this easement serves a street which does not abut the JADCO property. JADCO will not be able to use the sewer ?` at all. According to the City Engineer, if the sewer were not built and flooding resulted on 72nd, JADCO would not be affected by the flooding. There is no benefit to JADCO which is distinguishable SKS:dn 5/16/83 { Page 1 O'DONNELL. DATE May 16 , 1983 SULLIVAN & RAMIS ATTORNEYS AT LAW 1727 N.W. HOYT STREET TO Bob Jean, City Administrator PORTLAND. OREGON 97209 15031 222-4402 FROM SKS RE Tigard - JADCO from the City as a whole. The City' s action in purchasing the easement could be construed as an admission of the purely public benefit. The fill was placed after the storm sewer was constructed so there was no detriment to the City in the construction as a result of JADCO' s illegal act. There is no relationship between the two issues except that they overlap the same land. They are still separated by time. To require an owner or developer to dedicate land for public owner- ship or control as a condition to a land use approval is generally termed an "exaction" . The Oregon Attorney General has opined that exaction would be upheld if they 1) "Are reasonably related to the land or development from which the exaction is required; 2) would serve a public purpose. . . ; and 3) are based on standards which are clearly anticipated in the City' s land use legislation. " 39 Op Att' y Gen 467 , 472 (Or 1979) . There is some indication that the courts in Oregon might adopt an even stricter standard. 2 Land Use (Oregon CLE 1982) S 22.7 . l With respect to the Attorney General ' s opinion, there is no ques- tion that the easement serves a public purpose. However, the first element of the test cannot be met. The Teed for the ease- ment is not related to the land or to the fill. Further , the third element cannot be met. The standards for approval of a Sensitive Lands Permit certainly do not contemplate the need for an easement for a storm drain from a nearby but not adjacent street. The most troubling fact is that the illegal fill and the applica- tion for the permit both occurred after the storm sewer was con- structed and now the property owner has also been paid without mention of an exaction for a permit. r' 4 SKS:dn 5/16/83 Page 2 c' o h n � R1 � c Z 0 Z r L b C -Tj \� v ;71 May 20, 1983 MEMORANDUM TO: Mayor & City Council FROM: Elizabeth A. Newton, Associate Planner eW7 SUBJECT: Jadco Sensitive Lands Permit The Mayor has placed the Jadco Sensitive Lands Permi _ as a discussion item on the May 23, 1983 Council agenda. Staff feels that a brief history of the issue may benefit Council's discussion. 1. In 1979, Jadco received two permits from Washington County which were approved with conditions. A memo dated May 5, 1983 from the County's Code Enforcement Officer to the County Planning Director outlining the status of those conditions was in your May 16, 1983 Council packet. 2. The Jadco property was annexed to the City in 1981. The annexation was ratified by Council Ordinance No. 81-31. I have attached a copy of the Ordinance for your review. ?_ On July 19, 1983, the City's Code Enforcement Officer informed Mr. Duncan in a letter (copy attached) that the fill placed on his property required a Sensitive Lands Permit. 4. Mr. D-sncan applied for the required Sensitive Lands Permit which was denied by the Hearings Officer on October 7, 1982. Mr. Duncan appealed the Hearings Officer's decision to the City Council. In November 1982, the City Council postponed the Hearing on the appeal until the Comprehensive Plan policy on the floodplain was adopted (See minutes attached). 5. On March 28, 1983, the City Council adopted Policies 3.2.1 and 3.2.2 of the Comprehensive Plan relative to development in the floodplain (See minutes attached). 6. On April 11, 1983 at a Public Hearing on the appeal, Council remanded the issue back to the Hearings Officer for consideration under the new floodplain policies. 7. The Sensitive Lands Permit request was placed on the May 12, 1983 Hearings Officer agenda. On Friday, April 29, 1983 in a staff meeting to review the permit request, it was determined that additional information would be required to process the permit (See letter dated May 3, 1983 attached). I e d i Memo — Jadco E' May 20, 1983 Page 2 8. On April 29, 1983, Bill Monahan, Frank Currie, myself, Dave Larsen and Fred Anderson met to discuss the additional information required to process Mr. Duncan's permit request. It should be noted that the proposal Mr. Duncan has on file with the City is for additional fill and excavation on top of the fill which was placed without a permit. 9. On May 9, 1983, I received a letter (attached) from John Duncan stating that he would not authorize the engineer to do additional work, that he feels that the application regvirements have been met. 10. On May 11, 1983, Fred Anderson, John Duncan, John Skourtes, Frank Currie, Bill Monahan and myself met to discuss the application. The staff presented Mr. Duncan with three alternatives: A) Modify the proposal submitted to address only the fill placed without a permit. B) Provide the additional material requested for staff to process the proposal which was submitted. C) Modify the proposal to include any future fill and excavation anticipated for future development of the property and provide additional engineering data for staff review. 11. On May 19, 1983, Jadco's engineer spoke with Bill Monahan and informed him that he would be in at 8:00 A.M. on May 23, 1983 with a proposal. Provided the information submitted at that time is complete, the Hearing will be scheduled before the Hearings Officer on June 23, 1983. 4 Pm (0051P) i 'r f F l i e ry WASHINGTON COUNTY,OREGON MEMORANDUM TO: Members of the City Council FROM: William A. Monahan, Director of Planning & Development DATE: May 19, 1983 SUBJECT: Jadco Chemical I have been advised that the Council will be discussing the Jadco ay 23, 1983 Council Session. Chemical sensitive lands question at the M I will be out of town at that time, however, I would like to inform you that I have discussed the memo directed to Rick Daniels, County Planning Director, with the author, Steven Conway. Mr. Conway informed £' me that the County's legal advisor in this issue, Attorney Olsen, is of the opinion that the County has no authority to cite Mr. Duncan for failure to comply with any of the conditions placedjurisdiction County. Upon annexation to the City, the County losturic over the property, however, the County feels that the conditions run with the land. t 12755 S.W.ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171 ti TO: Members of the City Council FROM: William A. Monahan DATE: Director of Planning and Development RE: JADCO APPEAL The attached memo from Washington County concerns the Jadco Chemical site which is the subject of a Sensitive Lands Application recently remanded to the Hearings Officer. The memo was prepared by Washington County as the result of investigation that they did in response to questions from Councilor Scheckla. Councilor Scheckla requested that I provide you with a copy and investigate the matter. Once I have further information to provide, I will furnish it to you. s' s r Y t 1 WASHINGTON COUNTY leiter—Department Corresporrdeuce Date May 5, 1983 To Richard A. Daniels, Planning Director From Steven A. Conway, Code Enforcement Officer Subject DUNCAN CHEMICAL COMPANY COMPLIANCE TO CASE FILE 79-286-FP AND 79-79-D On May 5, 1983, staff conducted a site inspection at Duncan Chemical Company to determine whether the site was in compliance with the above mentioned case files. I. Case file 79-79-D Condition 1 reads: Prior to the occupancy of the proposed building the applicant shall : a. Dedicate additional right-of-way to provide 45' from centerline where tax lot 1500 abuts Durham Road. Staff comment: Dedication has not occurred. b. Dedicate five (5) feet and construct a full half street improvement to ST-3 standards where tax lot 1500 SW 74th Avenue. Staff comment: Dedication has not occurred and ST-3 standards have not been met. Condition 2 reads: The approved landscape plan shall provide street trees, planted at density of 1 per 35' and a. size of 111-2" in caliper, along SW 74th Avenue. Staff comment: Some street trees have been planted, but land- scape plan has not been fully implemented (see attachment A, photos IA, 1B, 2C and 2D.and site plan attachment B). Condition 3 reads: The approved landscape plan shall be implemented prior to occu- pancy. Staff comment: -The landscape plan has not been implemented and •a tenant has occupied •(see attachment B) Page 2 May 5, 1983 Condition 4 reads: I Drainage detention plans and calculations shall be submitted an approved prior to issuance of building permit. Staff comment: Condition 4 has been complied with. _ Condition 5 reads: There shall be compliance to flood plain alteration peffiit 79-286-FP. Staff comment: Conditions of approval 79-286-FP (see below). Condition 6 reads: Signing shall be limited to ground mounted with a maximum height of four (4) feet. Staff comment: Duncan Chemical Company has erected no sign. Condition 7 reads: - - The vegetative treatment of the areas within and adjacent to the flood plain shall be completed within 30 days of alteration. Staff comment: Duncan Chemical Company has compTied_ (see photo 3A left hand side) . t • Condition 8 reads: No removal of any trees 6" or greater in diameter, without prior approval of Planning Director of his designee. Staff comment: No 'record in file. r 11. Case File 79-286-FP, Flood Plain Alteration Condition 1 reads: A landscape plan for the entire site, as is required by Chapter 120 of the Zoning Article (Design Review), shall include provision for erosion control and other itens related to the fill as may be necessary. Staff comment: Plan designates erosion control but has been fully implemented (see attachment "C" and left hand side photo 3A). Page 3 May 5, 1983 Condition 2 reads: No equipment shall be allowed in the active flowing stream between September 1 and June 1 . Staff comment: No equipment was located in the active flowing - stream area (see photo 3A) . Condition 3 reads: The applicant shall execute, notarize and record a Notice of Flood Plain District Alteration Permit with the Washington County Department of Records and Election, Deed Records, within 30 days of the action of the Planning Director. A copy of the recorded notice shall be provided to the Planning Department for its record prior to the issuance of a building perruit. Staff comment: A copy of the recorded notice is not found in the case file; presume it was recorded as staff has issued a building permit. r ` Additional Comments By analyzing the site against the site plan, the following items have not been complied with: Pond areas still contain decayed organic debris which was to be removed according to the plan (see attached photo 1D) . Asphaltic paving, approximately 3400 sft., and parking for six stalls has not been complied with ?see photo 2A). Landscaped .area between 74th Avenue and parking area has not been complied with (see photo 2C) . Landscaped area and paving south of building has not been complied with (see photo 1B and 2D) Fill area located in photo - 2B and 3A, contains leechate materials i.e. shrubs, brush, asphalt. This fill area is identified as future gravel parking area which was not approved by Design Review. Photo 3A, left-hand side, 3844 cubic feet removed and re- vegetated. Right-hand side fill area not approved. Photo IC, employee parking across from 74th Avenue - not approved. JD c• Jack Godard •I ■. 1 1 / I .I I /y„I,IlI _I. !I ..I�•I` :.7 I ...I '. • _ �. 5 •,49 _ "rf • •l • a ': +.'srr::-=r a "ice, }i�;.- ��'F.•'.`�' '. 2Ai> +1 , 1a r`� >.� wit r. •i �ftiM.T�t•T .t^'�+�'�-+�•y.. 'y x; L 'r2 1Cf FS" i• '.r� u _ ' 'ri �' �4i��•�y��J'.•KY�f �: ��. "A j, a• wA r � -. � '.� Y�v.� .i 9-'� � fn.-9 �s�" IT WI N E .Y ti ! �Y v.+.pRr ✓ ;J .1�. : 4. 1^�7rf9[ F t � - ��rT�`y.� ,.�� w .� �.vr� �. � � .�� y'��- GYM '' .'rt i'�--„tY ..,r �n•_.....,..� . ° �' .... � .e.. i' � •'.car _]sr ��, .�.s y� �+A' =�f - y i�,v. .,M6-. �:Th tr` �+,J~�r.Y .:4'�. d,. 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'Ijw}�r %a k.: `tr �• . ar ",•„-�1.a1 is." --r - Zi t77 •d' � q � �,f � ��y,y'�Lr,ss•_. ..,�, r-'n7 - h �: M{�.. 7i j��,� _ `..�' J^'� w•�+�-'�,.,..- s ` � �.F .�^ ;-~ -•s.�� _ ./��t � �:.. �"� _f v..= Z... � .•ter�,..� rI a._� �-'�+�-a. 4;4- -Tr .. .t � - ,w syrr i +� � sem' a ,•.. '�' -,.t a� 4. a - . '', „ '.� i �► -+may t K.'"' ` e K F r - j y ,_� ` •�`'�v a:.- ' -. fie.. -� - ej ,!y c�` � ���, t s-7j ��•, ..4 r 1.L .PK -, \.� ���j. - .,` b ~ �• is..it s' , I {.. �'i �,`t ~ _ " _ � _ ---s to•X7��.�;-< < ¢'a� %-�..�i`�'etr�a�— _ ;._ "� T ,�.-�,�,, C� .r.i�•a:�.-..—..+,,,y.•:_ L ... [ ��-•>r,�►•-�, s �.�.�►• •+i�.=�a�►�'�' ^^5: :ems c..F..,.:� 4: �.^ -P _ s A y�_.a..r ,r•� t..•.t:` � `sem S. '•�"'Y''�q'�'�?' �. _� ... fir=" -�+s��_-r, .' �,.- yxf fi ''�� �-✓��-.moi`.��a�$��' �✓ _ t � `� -�-€i' ��� .•�-�r s"`�s '�" �' ,F* '4 �: '1,•..::I''::.. _ 1' f. I E-i'�..,,• ) � •;ti`rif 47 A�l ot 11 lkf .0 1,-: � ���}; ;j* ...--ter l • s:'. � `ate;y��• F �' � r i`- i z t �.� �r 3 t �•, y s? t: v� J.•" _ '� `:� � t�'.� moi. .fir r 9 r � ;t: 1a 1 1 m ".� -11N, ♦ a I If ul ZV Mimi __-- '.y. .•.:cam �. , ' ; % - _ � ' , Q6 0 � •N ooa» .:�.-�"`<;�•R —�;:—t:.� `. � _ _ � •. eta,� .. .. "ham�'. •- — i � f 2� 8 - Z cr 2 --- r � y ! t • - _ IL �� 'r� a •'� r � ♦ � 1 • aLYy- • 1 l ' I. . i CITY OF TIGARD, OREGON ORDINANCE No. 81-_-L— . AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER NO. 1684 , AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFOR:d WITH THE NPO # S PLAN AS ADOPTED AND DECLARING AN EMERGENCY AND .FIXING AN EFFECTIVE DATE. Tffurham Annexation ZCA 9-81) PLANNING DEPARTaEENT INFORMATION ANNEXATION SHORT TITLE: 5aham Annexation 2S 1 12D 1400 TAX MAP 2S1 13 B TAX LOT 100,101,200,201 ADDRESS the a�a of SW Durham Road Sl C 2200,2300,23ul ZCA 9-81 and SW Upper Boones Ferry Road , FILE NUMBER , various designations PRESENT WASHINGTON COUNTY ZONING DESIGNATION , ZONE CHANGED TO CITY of TIGARD M-4 "Industrial PaXk" and R-S "Single Family Residential" on 2Sl 12c Lots 220U, 2SOO and 2301 WHEREAS, the Boundary Commission, established pursuant to Chapter 1684 Oregon Laws of 1969, for the Metropolitan Area by its Final order No. , t dated March 20, 1981 approved the hereinafter described change in the boundaries of the City of Tigard, and a copy of said Final order has been filed with the City Recorder; and WHEREAS, the City of Tigard, in accordance with Chapter 197 Oregon Revised Statutes, has adopted a Comprehensive Plan which includes the lands within this Annexation. - NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: That the Final Order of the Boundary Commission adopted on the 20th day of March, 1981 , a copy whereof is hereto attached and by this reference made a part hereof, be, and the same is, hereby ratified, confirmed and adopted by reference to the same legal force and effect as if set forth herein in full. SECTION 2: That the boundaries of the City of Tigard be, and they are hereby changed to include the lands as described in the within Order of the Boundary Commission, and the Corporate limits of the City of Tigard are hereby changed in conformity therewith. SECTION 3: That the F--corder of the City of Tigard be, and she is hereby directed to, forthwith file a copy of this Ordinance, including a copy of said order, in the following offices: (a) Secretary of State (b) Department of Revenue and Taxation, Washington County (c) Department of Records and Elections, Washington County (d) Department of Public Works, Attention: Surveyor, Washington County ZCA 9-81 ' SUCTION 4: Finding that the lands hereinafter described are now zoned as Washington County various designations and further finding that pursuant to ORS 197, the City of Tigard has adopted a NPO # 5 Plan for said lands on Durham and Std Upper Boones Ferry load and that ORS 197.175 requires cities to enact Zoning Ordinances to implement their Comprehensive Plans, and further finding that pursuant to procedures, the abovestated Zoning Map Amendment was presented at a public hearing held by the Tigard City Council on May 11, 1981 and all interested persons were of£orded an opportunity to be heard at this public hearing. 9-he Council adopts the follocaring substantive findings: { (a) That this Zone Map Amendment is in conformance with the _ NPO c 5 Plan which. SECTION 5: Therefore, pursuant to the requirements of Chapter 18.88 of the Tigard municipal Code, this request for an Amendment to the Zone trap of the City of Tigard is hereby approved subject to the provisions of Chapter 18.20 of the Tigard Municipal Code as embodied in adopted Exhibits "A", and "B" attached and made a part of this Ordinance, The zoning designation of the subject property is hereby charged to =-1-4 "Industrial Park" and R-5 "Single Family -Residential" for 2S1 12C - Exhibit "A": Legal Description - Exhibit "B": Tax map - SECTION 6: Inasmuch as it is necessary for the peace, health and safety of • the people of the City of Tigard that the foregoing change in the boundaries of the City and Zone biap Amendment become a permanent part of the City's records, an emergency is hereby declared to exist, and this Ordinance shall be effective upon its passage by the Council, and approval by the Mayor. PASSED: By my a t 0 vote of all Council members present, after 711 . being read two times by number and title only, this /. day \ — Recorder - City of T' 7d APPROVED: By the Mayor, this day ofrrc, . t Mayor - City of Tigard ORDINKNCE NO. 81Z;7, ZCA 9-81 i. f� ( PORTLAND METROPOLITA'V AREA LOCAL GOVER-kMENT BOUNDARY COMMISSION 320 S. W. Stark (PS30) - Portland, Ore. 97204 - Tel: 229-S307 FINAL ORDER RE: BOUNDARY CHkNGE PROPOSAL 1\10. 1684 - Annexation of territory to the City of Tigard Proceedings on Proposal No. 1684 commenced upon eceipt by the Boundary Commission of a resolution and property owner consents from the City of Tigard on January 14, 1981, requesting that certain property be annexed to the city. The resolution and property owner consents meet the requirements for initiating a proposal set forth in ORS 199.490, particularly Section (2) . Upon receipt of the petition the Boundary Commission published and posted notice of the public hearing in accordance with ORS 199.463 and conducted public hearings on the proposal on February 19, 1981, and March 12, 1981. The Commission also caused a study to be made on this proposal which considered economic, demographic and sociological trends and projections and physical development of the land. FINDINGS (See Findings in Exhibit "A" attached hereto) . e REASONS FOR DECISION (See Reasons for Decision in Exhibit "A" attached hereto. ORDER On the basis of the Findings and Reasons for Decision listed above, the Boundary Commission approved BOUNDARY CHANGE PROPOSAL ham. 1684 on March 12, 1981. NOW THEREFORE IT IS ORDERED'THAT the territory described in Exhibit "B" and depicted on the attached map, be annexed to the City of Tigard as of the date of approval. L PORTLAND METROPOLITAN AREA LOCAL GOVERIVAENf BOUNDARY WINIISSION Date: �Y5Z-- i' BY.* ^- %-• �-�— / James L. . (Jamie) Mater ' Chairman 1 Attest: r�L?- Page 1 - FINAL ORDER C_ ( ` Proposal No. 1684 FINDINGS On the basis of the public hearing and the study the Boundary Con- nission found that: 1. The territory contains 33 acres, S single family residences, an estimated population of 15 and is evaluated at $364,400. 2. The property owners desire annexation to obtain sewer service. The city desires the annexation as a step toward the creation of logical boundaries for the city and to obtain jurisdiction of the full length of Durham Rd. to allow for its improvement. Indications are that there are a majority of votes on the city council to follow up with a proposal to annex the island. 3. The City of Tigard's Comprehensive Plan provides for Industrial Park uses south of Durham Rd. and designates the area north of Durham Rd. as Urban Low Density suitable for R-S and R-7 zoning permitting 5,000 and 7,000 sq. ft. lots respectively. 4. Washington County planning studies have included the area in the City of Tigard's Immediate Growth Boundary. The Washington County Board of Com- missioners considered annexation policies at its February 12, 1981 meeting as a result of the board's concern about continuing to provide urban services to areas surrounded by Tigard. The county feels Tigard should annex all of these areas and make its boundary more logical. S. The proposal is in conformance with applicable LCDC goals. This finding is based on a goal analysis contained in the staff report. There is a lack of compliance with Goal #10 with regard to the entire city's plan desig- nations failing to meet multiple family allocations. However, most of the land in the proposal is planned for Industrial Park use. Annexation of the entire unincorporated area to Tigard would ease the process of achieving Goal #10 compliance by reducing the number of involved jurisdictions. 6. Water service to the area is provided by the Tigard Water District which also serves the City of Tigard. F 7. The territory to be annexed is adjacent to the U.S.A. sewage treatment plant. The area is traversed by the Fanno Creek Interceptor. The city anticipates g the formation of a Local Improvement District to extend the collector system upon annexation. S. The territory is within the boundary of the Tualatin RFPD which also serves the City of Tigard. The fire district will not be affected by the annexa- tion. 9. It would be more efficient and economic in terms of police protection for t the City of Tigard to have the general surrounding unincorporated area within its boundary. Page 2 - FINLAL ORDER (T_ P1684 County's Deed Records ; thence West, along the South boundary line of the Portland General Electric Company tract, a distance of 305.0 feet to the Southwest corner thereof; thence Iforth, along the West boundary line of the Portland General Electric Company tract and along a North. rly extensiop thereof, a distance of 900 feet, more or less, to a .poiiit of intersection with the centerline of (40 foot wide) SW Durham Road; said point also being the Southwest corner of Durham Acres, a'subdivision plat of record in said County; thence North 001 30' 30" East, along the West boundary line of said subdivision, a distance of 262.7 feet to the Southwest corner of Lot 5 therein; thencd East-, along the South boundary line of said Lot 5 and along an Easterly extension thereof, a distance of 350.97 feet to a point of iritersection with the East right-of-way boundary line of (40 foot wide) SW 79th Avenue; thence South, along said boundary line of SW 79th Avenue, a distance of 242.7 feet to a point of intersection with the North right- o'-wayboundary line of aforsaid SW Durham Road; thence Easterly and Southeasterly, along. said boundary line of SW Durham Road, a distance of 807 feet; more or less, to the most Southerly Southeast corner of Lot 1 of said subdivision; thence ;forth 261 26' East, along the .Easterly boundary line of said Lot 1, a distarkce of 589.58 feet to an angle point thereon; said point being a point on the Westerly boundary line of that tract of land conveyed to John A. Dfuncan, recorded April 13, 1979 under Fee No. 79014180, Film Records of said County; thence North 260 East, along. said boundary line of the Duncan tract, a distance of 93.25 feet to the most Northerly corner thereof, thence South 580 15' East, along-the Northerly boundary line of the Duncan tract, a distance of 510 feet, more or less, *to the most Northerly Northeast corner thereof; thence South 540 05' Wes[, along the Easterly boundary line of the Duncan tract, a distance of 49.5 feet to an angle point thereon; thence South 120 90' West, along an extension of the Easterly boundary line of the Dungan tract, a distance of 40 feet, more or less, to a point o£ intersection with the West right-of-way boundary line of (40 foot wide) SW 74th Avenue; thence continuing South 12° 00East, along a Southeasterly extension of the said boundary line of the Duncan tract, a distance of 20 feet, more or less, to a point of intersection with the centerline of said SW 74th• Avenue; thence Southerly, along the centerline of said SW 74th Avenue and along a Southerly extension thereof, a distance of 580 feet, more or less, to a point of intersection with the Southerly right-of-way boundary line of-(40 foot wide) SW Durham Road; thence, Southeasterly, along the said boundary line of SW Durham Road, a distance of 70 feet, more or less, to the point of beginning of this description. Mfm #1684 ' REASONS On the basis of the Findings the Commission determined that: 1. The proposal is a step toward the creation of logical boundaries for the City of Tigard. The property proposed to be annexed is within an unincorporated area planned for immediate urbanization. The annexat- ion will greatly enhance the program of bringing all of Durham Rd. into the city to facilitate its improvement. 2. The City of Tigard is capable of providing for a full range of urban services to the area. 3. Bringing the territory within the boundaries of the City of Tigard will mp irove the efficiency and economy of service provision to the general area. 4. The proposal is in conformance with the City of Tigard, Washington County and Mtro planning for the area, and is in conformance with applicable LCDC Goals, and annexation would reduce the number of in- volved jurisdictions in resolving housing goal compliance considerations. r Proposal vo. 1684 Annexation CITY OF TIGARD That- portion of Tand in Section(s) 12 and 13 of Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the point of intersection of the Southerly right-:-of-way boundary line of (40 foot wide) SW Durham Road with the Westerly boundary line of the Southern Pacific Railroad right-of-way; thende running Southeasterly, along an extension of the aforsaid boundary line of SW Durham Road, crossing said railroad right-of-way, a distance of 50 feet, more or less, to a point of intersection with the Easterly boundary line of said railroad right-of-way;thence Southwesterly, along the Easterly boundary line of said railroad right-of-way, a distance of 1150 feet, more or less, to a point of intersection with a Southeasterly extension of the Northeast boundary line of that tract o t land conveyed to Unified Sewerage Agency of Washington County, by deed, recorded in Book 972 on Page 292 in said County's Deed Records; thence North 360 47° West, along E.. said -extension and boundary line of the Unified Sewerage Agency tract, a distance of 270.4 feet, more or less, to an angle point thereon; thence North 330 27' West, continuing along said boundary line of the Unified Sewerage Agency tract, a distance of 150.4 feet to the most Northerly Northeast corner thereof; said corner also being the South- east corner of that tract of land conveyed to Portland General Electric Company, by deed, recorded in Book 967 on Page 562 in said Q`_- #1684 County's Deed Records; thence West, along' the South boundary line of the Portland General Electric Company tract, a distance of 305.0 feet to the Southwest corner thereof; thence Forth, along the West boundary line of the Portland General Electric Company tract and along a North. rly extensiop thereof, a distance of 900 feet, more or less, to a .poi.i%t of intersection with the centerline of (40 foot wide) SW _ Durham Road; said point also being the Southwest corner of Durham Acres, a-subdivision plat of record in said County; thence North 000 30' 30" East, along the West boundary line of said subdivision, a distance of 262.7 feet to the Southwest corner of Lot 5 therein; thence East-, along the South boundary line of said Lot 5 a"nd along an Easterly , .extension thereof, a distance of 350.97 feet to a point of intersection with the East right-of-way boundary line of (40 foot wide) SW 79th Avenue; thence South, along said boundary line of SW 79th Avenue, a distance of 242.7 feet to a point of intersection with the North right- of-way boundary line of aforsaid SW Durham Road; thence Easterly and Southeasterly, along said boundary line of SW Durham Road, a distance of 807 feet; more or less, to tje most Southerly Southeast corner of Lot 1 of said subdivision; thence North 260 26' East, along the.Easterly boundary line of said Lot 1, a distance of 589.58 feet to an angle point thereon; said point being a point on 'the Westerly boundary line of, that tract of land conveyed to John A. Duncan, recorded April 13, 1979 under Fee No. 79014180, Film Records of said County; thence North 260 East, along. said boundary line of the Duncan tract, a distance of 93.25 feet to the most Northerly corner thereof, thence South 58 15' East, along the Northerly ' - boundary line of the Duncan tract, a distance of 510 feet, more or less, -to the most Northerly Northeast corner thereof; thence South 540 05' West, along the Easterly boundary line of the Duncan tract, a distance of 49.5 feet to an angle point thereon; thence South 120_ Q0' West, along an extension of the Easterly boundary line of the D.unr,an tract, a distance of 40 feet, more or less, to a point of intersection with the West right-of-way boundary line of (40 foot wide) SW 74th Avenue; thence continuing South' 120 00East, along a Southeasterly extension of the said boundary line of the Duncan tract, a distance of 20 feet, more or less, to a point of ihtersection with the centerline of said SW 74th Avenue; thence Southerly, along the centerline of said SW 74th Avenue and along a Southerly extension thereof, a distance of 580 feet, more or less, to a point of intersection with the Southerly right-of-way boundary line of•(40 foot wide) SW Durham Road; thence, Southeasterly, along the said boundary line of SW Durham Road, a distance of 70 feet, more or less, to the point of beginning of this description. i' Page 4_ FINAI COMME Froposal No. 'd6 34 11000 3600 00A 4300 Ll I•. r3 z• a— I` : .i z _ sz •z .( Io- -1f .. --•1.100 —.� 1'°� I •400 �„• �a ;700 ----!!00 S300� tN ` AREA-TO BE a �' ;•00 t- 3 ANNEXED !► - = -.�-- - _ ••---j /7 �' S. ZG ter= I t _ • , jr2.3 78 .03 .. • , - ' -_ CITY OF TIGARD •'-' '��:.i•�� ` _J,d:4 r•.,`i'• }�y,•`tea+�% ` r�_. •, is • i• j• 1 00 ! IIIN ;1 CITY OF 1 �• t :s.= TIGARD •$loo i. .coo fsoo ;�c- ••s� � i �� s cat 32 4•0 ' CITY OF -7•" a »' ..� ... _ _ DURHAM * ..r..'� ...• ��_VJ alt �3 • [/ ~ •... . �.1�i••-:tom 1 ...•, .✓—.•�„vS�,r.;,:yi w �- �.•_ loco • _ • _ — .•• •. PROPOSAL NO 1684 CITY OF TIGARD t ;7_. ii ._. _ _. _ -1 i -• .- I 'R ••• ANNEXAT IO\ FIG . 2 . July 19, 1992 John Duncan Jadco Chemical Ltd. 16055 S.W. 74th Avenue Tigard, OR 97223 Dear Mr. Duncans The recent "Fill" that has taken place on your property raises concerns of possible Municipal Code violations. Chapter 18.57 addresses use of "Sensitive Land", and is your property is designated as such, it falls within the bounds of this section. Any fill taking place within a drainage Way, or floodplain, requires a special use permic , 4nich is issued by the Planning Comnission. In addition, any rill in excess of 50 cubic yards requires a permit issued by the Building Officill. t As the City has no record of any such permits being issued, you are hereby notified to cease any further filling, and contact the City Planning Department so it may be determined what action will be necessary to eliminate the violations. r Contact will be required within two (2) days of July 19, 1982. Sincerely, Brad C. Roast, Code Enforcement Officer /br 26. APPEAL-SENSITIVE LANDS PERMIT M 2-82 JADCO CHEMICAL NPO 05 An appeal by John Duncan of the Hearings Officer's denial of a sensitive lands permit request to excavate and fill within the 100 year floodplain at 16055 SW 74th Avenue (Wash. Co. Tax Nap 2S1 13A Lot 1500). The matter is to be reviewed by Council pursuant to Tigard Municipal Code Section 18.84.250(b)(1). This matter is to be heard pursuant to Section 18.84.290(b) and the review will be confined to the record of the proceedings. No new evidence or arguments will be allowed. However, parties are invited to submit written arguments only pursuant to Section 18.84.290(b). Such arguments shall he submitted to the City Recorder not less than five (5) days prior to Council consideration. During Council consideration, Council may pose questions to staff and parties on policy issues. (a) Legal Counsel advised Council that the applicant has requested the issue be set over until after the Comp Plan adoption. TMC 18.84.310 would allow this if all parties involved give their consent. (b) No one at the meeting objected to the set over of the matter. (c) Motion by Councilor Cook, seconded by Councilor Brian to hear this on January 24, 1983. Approved by unanimous vote of Council. 27. COMPREHENSIVE PLAN REVISION CPR 4-82 JB BISHOP NPO #1 A review by City Council pursuant to TMC Section 18.84.050(b)(2) of +. Planning Commission's approval of a request by JB Bishop for a Comprehensive Plan Revision from Commercial Professional to General Commercial on Tax Map 2S1 2CC, Tax Lots 100, 801, & 900 and a Comprehensive Plan Revision from Commercial Professional/General Commerclel to General Commercial on Tax Map 2S1 2CC, Tax Lots 200 & 500. Property is located on the east side of Pacific Highway approximately 1000 feet south of Garrett Street. (a) Public Hearing Opened (b) Director of Planning and Development advised the Council of the Planning Commission action, presented a petition filed by the residential property owners in the area, and set out the conditions attached at the Commission hearing to the project as follows: 1. The improvements to SW Pacific Highway and the access points from the site to SW Pacific Highway shall be approved by ODOT prior to issuance of building permits. The ODOT approval shall be in writing and shall be accompanied by a plan. 2. A maintenance agreement and plan for the frontage road and island shall be submitted with the application for Site Design Review. 3. The applicant shall apply for Site Design Review. The Site Design Review application shall include elevation sketches showing proposed screening from abutting residential neighborhoods and a letter outlining the disposition of the existing right-of-way which the state intends to dedicate to the property owner. PAGE 6 - COUNCIL MINUTES - NOVEMBER 15, 1982 5. SENSITIVE LANDS PERMIT M 2-82 Jadco Chemical NPO # 5 An appeal by John Duncan of the Hearings Officer's denial of a sensitive lands permit request to excavate and fill within the 100-year floodplain at 16055 SW 74th Avenue (Wash. Co. Tax Map 2S1 13A Lot 1500)• (a) Director of Planning & Development made staff's recommendation to remand the Sensitive Land Permit back to the Hearings Officer in light of the new policy being adopted for the Floodplain/Greenway area. Mr. Monahan had discussed this recommendation with the applicant's attorney, Fred Anderson, who supported this action. o Councilor Scheckla questioned if Legal Counsel had been consulted; they had and supported the action. Discussion followed regarding conditions and writing a new staff report. (b) Councilor Brian moved and Councilor Scott seconded to remand Sensitive Land Permit M 2-83 to the Hearings Officer on May 12, 1983 at 7:00 P.M.. The meeting will be held at the Durham Waste Treatment Plant. Approved by unanimous vote of Council present 6. ESTABLISHED AND DEVELOPING AREAS MAP. (a) Associate Planner Coursolle distributed a copy of the established and developing areas map and memo explaining how the need for this .map had resulted from meetings with the CCI and the implementation of Policies 3.3.1 and 3.3.2 in the Finding Policies and Implementation Strategies document. Coursolle made staff recommendation for approval as submitted. PUBLIC TESTIMONY o Yvonne Larson, 10730 S.W. North Dakota requested that the area along 107th and North Dakota be an established area because of the number of flag lots and the size of the lots in that area. She requested Council to approve map as presented to protect this area. a Michael Bercutt, 3703 S.W. Kanan Drive, Portland did not support having the property zoned R-20. He and his partners, the Bobergs, " had purchased their property at 10700 S.W. North Dakota with the intention of developing it in the future. Mr. Bercutt and Mr. Boberg had both signed the petition presented by Yvonne Larson, however since that time have asked to have their names removed from the petition. Discussion followed. o Councilor Scheckla and Brian did not support taking one lot in an established area and make it developing area. Further discussion. (b) Councilor Brian moved and Councilor Scott seconded to adopt. t�. PAGE 3 - COUNCIL MINUTES - APRIL 11, 1983 26. ATLANTA-PACIFIC LID, ENGINEERING RLPORT (a) Motion by Councilor Cook, seconded by Councilor Brian to continue to April 11, 1983. Motion approved by unanimous vote of Council present. 27. ORDINANCE NO. 83-20 AN ORDINANCE AMENDING THE NATURAL FEATURES AND OPEN SPACE ELEMENT OF THE TIGARD COMPREHENSIVE PLAN FOR THE PURPOSE OF AMENDING THE FLOODWAY/GREENWAY POLICY: AND DECLARING AN EMERGENCY. (a) Motion by Councilor Brian, seconded by Councilor Cook to adopt. o Lengthy discussion followed whether the Council wanted to accept any further public testimony and instructions given to staff regarding the preparation of the ordinance. Deborah Naubert, NPO #3, 14365 SW 80th Place, objected to the new language in Section 3.2.1 and felt the issue was amply covered 3.2.2. Motion passed by 3-2 majority vote of Council with Councilors Scott and Scheckla voting NAY. Ordinance will require second reading. 28. ORDINANCE NO. 83-21 AN ORDINANCE OF THE TIGARD CITY COUNCIL AMENDING i SECTION 1 (5) OF ORDINANCE 82-71 RELATING TO DEFINING AN "EQUIVALENT SERVICE UNIT" ON THE CITY'S STORM DRAINAGE SYSTEM AND FIXING AN EFFECTIVE DATE. (a) Motion by Councilor Brian, seconded by Councilor Scott to adopt. Motion approved by unanimous vote of Council. MAYOR BISHOP LEFT 29. DARTMOUTH EXTENSION LID (a) Director of Public Works synopsized the recent events, as he understood them, regarding the establishment of a road system and could city staff take on the engineering responsibilities of the LID. He read from staff memo regarding manpower and considerations for the city to do the project. He recommended hiring an engineer designated with the specific assignment for this project at an hourly wage and also hire out the survey services, all who would work in city hall under the direction of City Staff. He further explained this would reduce the cost of the project and allow the project to begin immediately. City Administrator tried to clarify the options for Council as (1) hire a consultant, (2) hire additional staff on personal services contract, (3) set aside other city projects to i allow time to handle the project. Councilor Brian questioned if there were any preliminary discussions with the property owners and to what extent outside funds are available for preliminary engineering. Staff responded they had met with three of the four. PAGE 8 - COUNCIL MINUTES - MARCH 28, 1983 May 3, 1983 Ci r i OF T11FARD WASHIhY`YON COUNTY.OREGON Mr., John Duncan Jadco Chemical 16055 S.W. 74th Tigard, Oregon 97223 Dear Mr. Duncan, On Friday April 29, 1983, I met with Frank Currie and Bill Monahan to , review the Sensitive Lands Permit application for fill in the floodplain on the Jadco site. In order to complete the staff report and recommendation, additional information is required. The additional information necessary is as follows: • —hat method will be used for erosion control? • Will the proposal reduce the capacity of the floodplain? • Will the proposal raise flow rates? • Identify amount of cut and fill in cubic yards. I have contacted Dave Larsen of McKenzie/Saito Engineering and discussed the City's concerns with him. I have scheduled a meeting with Dave Larson, Frank Currie, Bill Monahan and myself for Thursday, May 5th at 11:00 A.M., if you are willing to authorize Dave to attend. I have postponed the hearing from May 12 to May 26, 1983 in order to allow time for staff to review the additional information. It is important that the additional information be prepared and submitted to the City as soon as possible so that staff can complete the report to the Hearings Officer. I hope we can come to a speedy resolution of this issue. Sincerely, Elizabeth A. Newton Associate Planner cc: Fred Anderson Dave Larson i 12755 S.W.ASH P.O.SOX 23397 TIGARD.OREGON 97223 PH:639-4171 W-I MAY 9 i9 ,�3CITY OF , GARD PLANNING DEPT. May 9, 1983 Ms. Elizabeth Newton Associate Planner P.O. Box 23397 Tigard, Oregon 97223 Dear Liz , In reference to your letter of May 3, 1983, I believe that the additional information you requested has already been answered by the engineering report that MacKenzie Engineering submitted in September of 1982. I have enclosed another copy in the event that yours has been misplaced. Also enclosed is a copy of Exhibit D used in the meeting before the Hearings Officer. Please refer to the Ordinance 3. 2. 3 (b) and note that this report meets the criteria set forth. I feel, at this time,, to have more engineering done is an unnecessary expense. Also, please be reminded that the Hearings Officer turned down my permit request due to an unclear Greenway Policy in Tigard and not due to any detrimental effect of the fill on the Floodplain. Thank you for your consideration. I, too, hope that we can come to a speedy resolution of this issue. Sincerely,, G 0o A. Duncan JADCO CHEMICAL LTD. "Specializing in Formulated Chemicals- 684-004 16055 S.W.74th AVENUE PORTLAND,OR 97223 May 19, 1983 NOTE Please bring the Jadco Appeal memo and attachments that was in your packets of May 16, 1983, under Council Mail, to the Council meeting Monday, May 23, 1983. ' � 7 M E M O R A N D U M TO: Mayor and City Council FROM: Bob Jean, City Administrator le SUBJECT: Z.M.E.A. Contract Staff has reviewed the final contract document and recommends approval. T.M.E.A. met Friday A.M. 5/20/83 and ratified their approval of the contract. We will discuss the contract in Executive Session first, then if it meets your approval, ratify and approve in regular session. r COLLECTIVE BARGAINING AGREEMENT Between the Tigard Municipal Employees Association/OPEU ® and the City of Tigard Expires: June 30, 1985 i AWL COLLECTIVE BARGAINING AGREEMENT This Agreement is entered into as of this 1st day of July, 1983, by the Tigard Municipal Employees Association/Oregon Public Employes Union, Local 503, SEIU, AFL-CIO, CLC, hereinafter referred to as "Union," and the City of Tigard, hereinafter referred to as the "City," for the purposes of collective bargaining. It is the purpose of this document to set forth the full Agreement between the above-mentioned parties on matters relating to employment relations. ARTICLE 1 - RECOGNITION Section 1. The City recognizes Tigard Municipal Employees Association/Oregon Pu is Employes Union as the sole and exclusive bargaining agent, for the purpose of establishing wages, hours, and conditions of employment, for City employe classifications as defined in Exhibit "A," including full-time permanent employes (those employes regularly scheduled to work thirty-two (32) or more hours per week) and permanent part-time employes (those employes regularly scheduled to work twenty (20) or more hours per week) , but excluding all seasonal employes (those hired to work for a fixed period of time which is less than one (1) year) , casual, irregular part-time (those scheduled to work less than twenty (20) hours per week) , supervisory, confidential, managerial, and elected officials or officers of the City. Section 2. All reference to employes in this Agreement designate both sexes and w enever the male gender is used it shall be construed to include male and female employes. Section 3. This Agreement shall be applied equally to all employes represented by the Union without discrimination as to age, sex, marital status, race, color, creed, handicap, religion, or national origin. The Union shall share equally the responsibility for applying the provisions of this paragraph. Section 4. The City shall notify the Union of its decision to change or add any new classifications. If the City and the Union cannot agree whether a new position is supervisory, managerial, confidential or if a new classification should be included in the bargaining unit the dispute shall be submitted to the Employment Relations Board. ARTICLE 2 - SAVINGS CLAUSE If any article or section of this Agreement or any amendment thereto should be held invalid by operation of the law, or by any lawful tribunal having jurisdiction, or if compliance with or enforcement of any article or section should be restricted by such tribunal, the remainder of this Agreement and addenda shall not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such article or section. MEW ARTICLE 3 - EMPLOYE RIGHTS Section 1. Employes shall have the right to form, join and participate in the act i es of employe organizations of their own choosing, for the purpose of representation on matters of employe relations. New employes shall have the right to refuse to join or participate in the activities of any employe organization. No employe shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by any employe because of his/her exercise of these rights. Section 2. No employe shall suffer a reduction in wages or related economic benefits as a result of the signing of this Agreement. ARTICLE 4 - MANAGEMENT RIGHTS The City Administrator and department heads shall exercise the sole responsibility for management of the City and direction of its work force. To fulfill this responsibility, the rights of the City include but are not limited to: establishing and directing activities of the City 's departments and its employes, determining services to be rendered, standards of service and method of operation, including the introduction of new equipment; establishing procedures and standards for employment and promotion; layoff, transfer, and promotion; to discipline or discharge for just cause; determine job descriptions; determine work schedules and assign work and any other rights except as expressly limited by the terms of this Agreement. In matters not covered specifically by language within this contract, management within the City of Tigard shall have a clear right to make decisions in such areas on a unilateral basis, and such decisions shall not be subject to the contract grievance procedure. ARTICLE 5 - UNION SECURITY Section 1. All the employes covered by the terms and conditions of this Agreement shall become members of the Union or make payments in-lieu-of dues (fair share payments) to the Union. The City shall notify all newly hired employes of this requirement at the time of employment. Section 2. Bargaining unit members, who exercise their right of nonassociation only when based on a bona fide religious tenet or teaching of a church or religious body which such employe is a member, shall pay an amount of money equivalent to regular monthly union dues to a nonreligious charity or to another charitable organization mutually agreed upon by the employe and the Union. Such payment shall be remitted to that charity by the employe and this fact certified by the employe to the City within ten (10) calendar days of the time dues or fair share payments will have been taken out of the employe's paycheck. The City shall, within ten (10) calendar days of its receipt send a copy of such certification to the Union. If an employe fails to provide certification to the City by the tenth (10th) day, the City shall resume dues or fair share deductions until such notice is provided. Section 3. Fair share payments shall be deducted from the wages of nonmember empIo—yes in accordance with ORS 243.672(1)(c) . The aggregate deductions of all fair share payers shall be remitted together with an itemized statement to 2 WNW the Union no later than the tenth (10th) of the month following the month for which deductions were made. Section 4. Applications for Union membership shall first come to the Union. The e Union will submit membership applications to the City. For all membership applications submitted by the Union to the City on or before the tenth (10th) of the month, dues deductions shall be made for the month in which the application is submitted. Section 5. Dues will continue to be deducted until the employe rescinds the request writing. Copies of all such requests for membership cancellation shall be transmitted to the Union. If an employe cancels his/her membership, the City shall immediately begin deducting fair share payments, providing the contract contains a fair share provision. Section 6. The aggregate deductions of all employes together with an itemized statement shall be remitted to the Union no later than the tenth (10th) day of the month following the month for which the deductions were made. The itemized listing of the Union members shall reflect employes terminations, retirements, cancellations, leave without pay, return from leave without pay, new m-embers, salary change, new changes, or any other personnel action which would reflect the amount of the dues withheld. Section 7. The City agrees to automatically adjust the dues amount (or fair share payment) for employes who salaries increase or decrease during the term of this Agreement. ARTICLE 6 - CHECK-OFF Section 1. The City, when so authorized and directed in writing by an employe member of the bargaining unit on the authorization form provided by the City, will deduct bargaining unit dues and insurance premiums from the wages of such employe. Section 2. The City will not be held liable for check-off errors but will make proper adjustments when the bargaining unit for errors as soon as is practical. If also agreed that neither any employe nor the Union shall have any claim against the City for any deduction made or not made as the case may be, unless a claim of error is made in writing to the City within forty-five (45) calendar days after the date such deductions were or should have been made. ARTICLE 7 - UNION BUSINESS Section 1. Reasonable time off without loss of pay and access to employe work locations may be granted to an officer of the Union or its officially designated representative, for the purpose of processing grievances. Such officer or representative shall not enter any work location without informing the department head. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements. Solicitation of membership and activities concerned with internal management of the Union, such as collecting dues, campaigning for office, conducting elections, an distributing literature, shall not be conducted during regular City working hours. Employes shall be granted one (1) hour paid leave per month for contract administration matters. 3 Section 2. The negotiating team of the Union, to be comprised of not more than ree (3) employes, shall be permitted to attend negotiation meetings with the City representatives without loss of pay relative to securing a successor Agreement. The date, time, and place for negotiating sessions shall be established by mutual agreement between the parties. Upon regors , the City may allow additional time off for the purpose of pLepa9 h a meeting. ARTICLE 8 - CITY SECURITY L during the term of hcontractits Section 1. The Union agrees that membership will not participate in a strike, work stoppage, sympathy strike, slowdown, or interruption of City service. Section 2. Violation of this Section shall be grounds for disciplinary action up to and including discharge. ARTICLE 9 - SPECIAL CONFERENCES Special conferences for important matters may be arranged between the Union and the City or its designated representatives at the request of either party. Such meetings shall be arranged in advance, and an agenda of matters { to be discussed at the meeting shall be presented at thetim thespent in conference is agreed to. Union members shall not lose time or pay for time uch conferences. ARTICLE 10 - GENERAL, SPECIAL AND PERSONNEL ORDERS Section 1. The City will furnish the Union with copies of all general or special alorders pertaining to wages, hours of work and conditions of employment. Section 2. The Union shall be given the opportunity to participate in the rev—s on of the City Personnel Policies and Procedures Manual. ARTICLE 11 - BULLETIN BOARDS The City agrees to furnish and maintain suitable bulletin board space in convenient places to be used by the Union. The Union shall limit its posting of notices and bulletins to such bulletin boards. ARTICLE 12 - PROBATIONARY PERIOD The probationary period shall be six (6) months for all new employes. Prior to completion of the probationary period, employes may be dismissed at i will. All promotions, transfers and reappointments may be subject to a six (6) month promotional probationary period as per Article 13. 4 ARTICLE 13 - SENIORITY Section 1. For the purpose of this Agreement, seniorityshallbeldefinedastteas an employe's length or continuous service with the City from the of hire. Section 2. An employe in the City service shall attain seniority after successfully completing a probationary period of at least six (6) months. At the City's discretion, an extension of the probationary period of an additional three (3) months may be implemented. During this period ithout an an employe may be discharged in the sole discretion of the City with respect to reason or cause being shown. The same procedure shall apply any employe who has been promoted, assigned or transferred, providing that during the probationary period in the classification to which an employe holds, he/she may be returned to the former classification in the sole discretion of the City, without any reason or cause being shown and without recourse to the grievance procedure. In the event of promotion, assignment or transfer, however, an employe shall not be discharged without just cause. Section 3. If two (2) or more employes start on the same date, their order of seniority shall be determined by lot. ARTICLE 14 - PROMOTIONS Section 1. All promotional opportunities, new positions and vacancies to be i e s all be fully publicized within the City. Such publicity shall include posting a notice on appropriate bulletin boards for at least five (5) days. Section 2. Authorization for promotion to a higher classification/pay range shall be subject to a written recommendation by the department head to the City Administrator. Promotions will be made from the employe's current pay rate to the nearest higher pay rate in the new pay range to result in a salary increase of at least five percent (5%) but not more than ten percent (10%) . Should placement at the nearest higher pay rate not result in at least a five percent (5%) increase, the salary shall be set at the next higher pay rate in the new pay range. Any promotional salary increase resulting in more than a ten percent (10%) increase must be specifically authorized by the City Administrator. Section 3. A newly promoted employe will be subject to a probationary period for six (6) months and will become eligible for a merit advancement after twelve (12) months in the new classification. During this type of probationary period, employes will continue to be considered permanent employes, will accrue seniority and shall be protected in discharge procedures as other permanent employes. _ ARTICLE 15 - HOURS OF WORK Section 1. The workweek, consistent with the operating requirement of the City, shall be regular, irregular or flexible as defined in this Agreement. (a) A re,ular work schedule is a work schedule with the same starting and stopping time on rive eig -(8-)hour days. 5 (b) An irregular work schedule is a work schedule with the same starting and stopping time on four (4) ten-(10-)hour days. (c) A flexible work saseduleu snotwork necessarilyschedule eachwhich day, orvaries athe worknumber of hours worked' on a dai y b but not schedule in which starting and stopping times vary on a daily basis, necessarily each day, but does not exceed eighty (80) hours within a two (2) week pay period, and is agreed upon in advance by the employe and the supervisor or department head. Section 2. No provision in this Article shall be construed as establishing or I— inferring g a guarantee of any hours of work or compensation per day or week. Section 3. The workweek and workday may be altered by the department head witi the approval of the City Administrator. ARTICLE 16 - SHIFT CHANGES Section 1. An employe shall normally be given adequate advance notice of any change in his/her regular hours of work, except where an emergency exists. Section 2. Notice will not be given less than two (2) weeks prior to the employe's change of work schedule. If two (2) weeks, notice is not given, the first day of the new shift shall be paid at time and one lnewlsh/2ift 1 ) . .shIf two (2) weeks, notice is given as provided in this Article, the not be subject to the overtime provision in Article 18. ARTICLE 17 - ON-THE-JOB TRAINING/WORK OUT OF CLASSIFICATION Section 1. In an effort to encourage and provide on-the-job training to its employes and to further advancement opportunities, the City agrees to the following principles and practices: (a) Whenever an employe is temporarily absent from work andahis/herttemptto position needs to be filled during that absence, the City will utilize other qto iheeextentodeemed byethe pCity eto bent vpractical to fe and efficient absent employe to t at the time. (b) In non-absent situations, the City will provide reasonable on-the-job training opportunities both within and between departments as determined by the City to be consistent with efficiency and p y. Section 2. when an employe is assigned for a limited period to perform duties of a position at a higher level of classification for more than ten (10) days (eight (8) hours or any portion thereof) , that employe shall be paid premium pay of a minimum of five percent (5%) but not to exceed a maximum of ten percent (10%) . when assignments are made to work out of classification for more than ten (10) days, the employe shall be compensated for all hours worked beginning from the first (1st) day of the assignment for the full period of the assignment. Section 3. An employe performing duties out of classification it trabeing and developmental purposes shall be informed in writing, a 6 t mutually agreed to by the supervisor and the employe. The notice shall stale the purpose and length of assignment. During the training there shall be no extra pay for the work. A copy of the notice shall be placed in the employe's file. ARTICLE 18 - OVERTIME The City and the Union agree to waive the application of ORS 279.340 and shall utilize the following provision in determining compensation for overtime: Section 1. All employes shall be compensated at the rate of time and one half or work under the following conditions: All authorized work performed in excess of eight (8) hours in any workday. Time spent by an employe called back to work to correct improper or incomplete work that should have been performed during normal working hours, shall not be compensated for. An employe shall not be called back to perform work that does not require immediate attention before the employe's next scheduled shift. Section 2. All overtime pay shall be computed to the nearest half hour. Section 3. Except in instances considered by a department head or supervisor to be an emergency or when the overtime work involved is on an extended shift basis, scheduled overtime will be distributed as equally as practical among employes within the job classifications in the department involved. Section 4. Any employe who has completed his/her workday and departed the City's premises upon completion of said day and is then called back to work earlier than two (2) hours before the start of his/her next normal shift will receive a minimum of two (2) hours pay at time and one half at the employe's regular rate of pay. In the event such a call-in occurs less than two (2) hours prior to the start of the employe's next normally scheduled shift, the employe shall receive overtime pay until the start of his/her regular shift, at which time he/she will begin receiving compensation at his/her regular straight time rate. Section 5. Compensation for overtime shall be made in the first payroll check following the pay period during which it is worked and a permanent record of the overtime accrued shall be maintained within the department and be available to the employes for inspection upon request. Compensatory time off may be taken by mutual consent of the employe and his/her supervisor and is scheduled consistent with the needs of the department. Accrual of compensatory time shall not exceed forty (40) hours. (a) when an employe accumulates compensatory time in the excess of forty (40) hours, the City and the employe shall mutually agree within thirty (30) days to make arrangements for utilization of the excess of compensatory time off. (b) If no arrangements can be made, the City shall pay all compensatory time in excess of forty (40) hours in the next payroll period. Section 6. All employes shall be entitled to payment for unused accrued overtime and compensatory time upon separation from City service. 7 1 to work ive s in Section 7. Employes required nthree dollarst($3.00)rwithoutea(1) day shall be granted a meal allowance of receipt and up to six dollars ($6.00) with a receipt. Section 8. The workweek is defined as a fixed and regularly reoccurring period of one-hunderd sixty-eight (168) hours during seven (7) consecutive twenty-four (24) hour periods. The workday is the twenty-four (24) hour period commencing at the start of the employe's assigned shift and shall remain fixed at that period for the whole of the workweek, except for flexible work schedules. ARTICLE 19 - HOLIDAYS Section 1. The City of Tigard shall observe the following paid holidays: New Year's Day Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas One Floating Holiday Section 2. If a holiday falls on a Saturday, it will be observed on the previous Friday; if it falls on a Sunday, it will be observed on the following Monday. Section 3. If an employe is on a four (4) ten-(10-)hour workweek or a flexible—schedule and the holiday falls on the employe's day off, the employe shall have the option of another day off or eight (8) hours of compensation. When the holiday falls within the employe's work schedule and the schedule required more or less than eight (8) hours of work for that day, the employe shall meet with his/her supervisor to rearrange the schedule to accommodate the holiday and/or subtract any additional time off by adjusting vacation, compensatory time, or leave without pay. Section 4. An employe shall receive one (1) day's pay for each of the holidays listed above on which he/she performs no work. If an employe is required to work on any of the holidays listed above, he/she shall be compensated for all hours worked at the rate of time and one half (1 1/2) with a minimum guarantee of two (2) hours work. Foursoper•weekloramore) shallenefits for be grantednon arprorated basiss(hourstper20week Fours divided by forty (40). 8 ARTICLE 20 - VACATIONS Section 1. Full-time employes shall accrue vacation days at the following rates: 1 Year of Service 12 workdays 96 hrs./Yr. 8 hrs./Mo. 2-5 Years of Service 13.5 workdays 108 hrs./Yr. 9 hrs./Mo. 6-10 Years of Service 16.5 workdays 132 hrs./Yr. 11 hrs./Mo. 11-15 Years of Service 19.5 workdays 156 hrs./Yr. 13 hrs./Mo. 16-20 Years of Service 21 workdays 168 hrs./Yr. 14 hrs./Mo. Over 20 Years of Service 24 workdays 192 hrs./Yr. 16 hrs./Mo. A part-time employe shall accrue vacation leave on a pro rata basis (hours per week divided by forty (40)) not to exceed the allowable amounts listed above. Section 2. Subject to the staffing requirements of the City, vacation shall e scheduled at the request of the employe. Preference and vacation scheduling shall be by seniority. The sign-up period for vacation shall be April 1 through April 15 of each year. Seniority shall be limited to one (1) vacation selection per each calendar year. Any vacation scheduling after the sign-up period shall be by first come first serve basis. Section 3. Subject to the approval of the City Administrator, and after commencement of an employe's second (2nd) year of employment, an employe may elect to receive up to five (5) days pay in-lieu-of vacation in conjunction with his/her regular vacation period. Section 4. Subject to the staffing requirements of the City, employes shall be encouraged to plan and use vacation credits within two (2) calendar years after the calendar year in which they are earned. If an employe has earned but his/her unused vacation credits reach the maximum accumulations in accordance with Section 5 below, the City may give reasonable notice of mandatory vacation of sufficient duration to reduce unused credits below the maximum allowable accumulation. Section 5. Earned but unused vacation credits shall be allowed to accumulate to the maximum of one-hundred-sixty (160) hours (twenty (20) workdays) . Section 6. New employes shall not be permitted to use vacation during their probationary periods; however, vacation leave shall accrue from the date of employment. Section 7. All employes shall be entitled to payment for unused vacation leave upon separation from City service. In the event of death, the employe's heirs will be entitled to payment for unused vacation leave. Section 8. No employe may be placed on vacation leave or no accrued vacation time may be utilized without the specific authorization of the employe as noted in Sections 4 and 5 of this Article. Section 9. Approved vacation leave may not be cancelled by the City except in the event of an emergency which creates an abnormal work load or other condition not under control of the City. In the event of an emergency, the employe shall be notified of the cancellation in writing. Unrecoverable transportation or lodging deposits will be paid by the City if the employe produces proof of such unrecoverable deposits. 9 ARTICLE 21 - INSURANCE BENEFITS Section 1. Life Insurance. The City shall provide each employe with a $25,000 group term policy and will pay one-hundred percent (100%) of the premium. Section 2. Medical Insurance The City agees to provide Blue Cross Plan II the transition coverage using 83.52 as a cap for medical and dental care) with an option for Blue Cross Plan IV for the employe and heependeCity will pi Durfor the difference year from July 1, 1983 to June 30, 1984, for Blue Cross Plan IV coverage at no cost to the employe. Section 3. Dental Insurance. The City shall provide fully paid dental insurance bene itbtlly eal tomonth per Dental Service Incentive Plan 70/30 up to a maximum of $3566 Section 4. Disability Insurance. The City agrees to provide isalary otltoarostsixty ent 6ofbase ii ry up to $1,000 permnhpvidecoverageaftersixty (60) days disablty• Section 5. Personal Liability Insurance. The City shall insure against the personal iability of employes for damages, excluding punitive damages relating from negligent acts or omissions hundred percegtw(100%)ithin tof thescoppremiume of . their official duties and will pay Section 6. Insurance benefits shall be granted on a pro rata basis (hours per wee divided by forty (40)) to permanent part-time employes (twenty (20) hours per week or more) . Section 7. The City reserves the right to provide the insurances outlined surance issued by an insurance company or companies above through a group in selected by the City. The City shall notify the Union. of any c angeso any proposed insurance coverage or carriers at least thirty (30) days prior change. The will uetnnefit Iragr in the same and the employesincrnoadditionalout-ofpocketexpense. feement cannot be reached, the parties agree to submit the issue to binding arbitration as the dispute resolution process. Section 8. The parties agree that all insurance benefits are subject to the I—er-m-s-'aFff conditions of contracts and/or agreements between the City and insurer(s). ARTICLE 22 - SALARIES Section 1. Probationary employes rshall o�etheadvanced first (lst)the orethepsixteenthin the emploa employes classification/pay ng (16th) day of the month following completion of six (6) months of satisfactory service. Section 2. Merit advancement shall be based onirtaunperforate mance erevaluation ( system. The employe shall be rated by The performance appraisal shall be reviewed by the next higher level supervisor. The rater shall discuss the performance appraisal with the employe. The employe shall have an opportunity to provide his/her comments to be attached to the performance appraisal. The employe shall sign the performance 10 appraisal and that signature shall only indicate that the employe has read the performance appraisal. A copy shall be provided the employe at this time. All written comments provided by the employe shall be attached to the performance appraisal. The submission of any comments shall not abridge the right of the employe to grieve the performance appraisal. Section 3. Employes shall be granted an annual performance pay increase on their eligibility date if the employe is not at the top of the salary range or the classification, and provided the employe's performance is rated satisfactory in that performance appraisal period. Employes rated unsatisfactory shall not receive an increase and shall receive timely notice of deficient performance during the appraisal period. "Timely" shall be a reasonable amount of time, taken into consideration the specific alleged deficient performance. Such notice shall provide the employe with adequate opportunity to correct the problem prior to the end of the appraisal period. In all cases of deficient performance of job duties, employes who receive an unsatisfactory performance appraisal shall receive a notice of the related deficiencies at least ninety (90) calendar days prior to the completion of the performance appraisal. Section 4. The City shall give notification in writing of withholding of merit increases to all employes at least thirty (30) days prior to the employes eligibility date. When the merit increase is to be withheld, the reasons therefore shall be given in writing. Section 5. An employe shall be eligible for salary increases effective on the first (lst) day of the month following the successful completion of his/her t probation period and each year thereafter until the employe has reached the top step in his/her salary range. Section 6. The City agrees to pay employes during the life of this Agreement the amounts provided in attachment Exhibit "A." Section 7. Each employe will be placed on a step in the salary schedule as indicaff—ed in Exhibit "A." Section 9. Position Descriptions. The City will incorporate position descriptions in the Job Descr- p ion Book. A dated copy of the position description shall be given to the employe upon assuming the position and at such time the position description is amended. The individual position description shall be subject to at least an annual review with the employe and any changes shall be developed by the employe and his/her supervisor. ARTICLE 23 - Retirement The City will contribute eight percent (8%) of his/her gross monthly savary on behalf of each employe after the first (1st) six (6) months of continuous service to either an individual retirement account or a deferred compensation plan. 11 6 ARTICLE 24 - TRAVEL AND SPECIAL ALLOWANCES Section 1. Whenever an employe is authorized to use his/her personal vehicle in pformance of official City duties, he/she shall be compensated at the rate of twenty cents (20it) per mile. (a) All mileage compensation shall be as a result of authorized personal vehicle use. Authorization must be given by a department head or the City Administrator. (b) Driving to and from the usual or normal work site is the employe's responsibility and is not compensable. (c) Compensable uses include, when authorized, the use of a personal vehicle to attend out-of-town workshops, training sessions, meetings and the like when such functions are a requirement for the employe's job or are deemed desirable by the department head or the City Administrator. (d) When an employe is required to have more than one (1) work site on a recurring basis, or by the nature of his or her work is required to attend meetings or other activities at locations other than his/her normal work site, and when such activities, meetings, etc. , result in the necessity of reporting to work more than once in the course of a day, and if the required second (2nd) reporting to work occurs outside of or after normal working hours of the employe, then compensation for mileage shall be paid the employe if requested within thirty (30) days of occurrence. However, for work sites, meetings, etc. , located in Tigard such compensation shall not be paid for mileage which is incurred in excess of eight (8) miles from point of departure to work site. For meetings, work sites, etc. , which are located outside of Tigard, mileage will be measured from City Hall to the location in question, or from the employe's point of departure to the location in question, whichever is the shorter. (e) Mileage reimbursement shall be requested paid if tnl ) days of occurrence when an employe isauthorized the performance of his or her duties, such as inspections, errands and deliveries, field surveys, land use surveys and the like. (f) All mileage incurred shall be kept on the form provided for this purpose and the department head's authorization indicated thereon. Section 2. An employe traveling on authorized City business shall receive in E a i ion to his/her transportation and lodging expenses a per diem allowance of $15.00 per day, or fraction thereof, actually spent on City business for each programmed day of a conference or meeting and for time spent in travel, except that per diem for travel shall not exceed one (1) day each way. The A purpose of per diem is to cover ordinary expenses, such as meals, refreshments, tips, etc. If upon return to work, the employe justifies to the r satisfaction of the City Administrator that the per diem allowance was : insufficient to occur actual costs, the per diem amount may be adjusted by the City Admnistrator. Employes anticipating the need for per diem compensation shall so advise the City Administrator in advance of travel on the forms provided by the City and receive advance authorization therefore. Section 3. Clothing Allowance. on July 1, 1983 and every July 1 thereafter, each employe listed in this section, shall receive a credit of seventy dollars 12 ($70.00) for a clothing allowance. Upon presentation of a receipt, employes shall be reimbursed for clothing. Employe classifications qualifying for this clothing allowance are: Auto Service Worker Building Inspector C Level Building Inspector B Level Building Inspector A Level Engineering Tech. 1 Engineering Tech. 11 Engineering Tech. 111 Foreman Laborer Mechanic Utility Worker 1 Utility Worker 11 Utility Worker Ill ARTICLE 25 - SICK LEAVE Section 1. Employes who have been employed less than twelve (12) months 30 t— ween July 1, 1982 and June , 1983 will accrue eight (8) hours per month. be Employes employed over one (1) year fom June 30, 1983 will have accrued ninety-six (96) hours sick leave. Section 2. Effective July 1, 1983, employes shall be credited with one (I) day (eight (8) hours) of accumulated sick leave for each full calendar month actively employed by the City. All permanent employes and all probationary employes (after thirty (30) days peaveeis)provided bydthe cCity in orare dve er to non-occupational disability. reduce the financial burden caused by sickness. Sick leave accumulation shall be unlimited. sick leave shall be payable at the employe's regular Section 3. Accumulated straight time rate in an amount equal to tha time the em tome would have worked, to a maximum of eight (8) hours per day. Employ y allowance for sick leave whenever they are unable to perform their work duties by reason of their illness, non-occupational injury. Sect4. In the event an employe is to be absent from work because of sickness or injury, the employe shall notify the supervisor as soon as naturad possible of the expected absence and the e ter thannthexf ecteirstd(lst)thalfehour.of Such notice shall in no event be given the regular work shift. However, should an employe fail to call within the first (1st) half hour of the regular he requiredwbykthelft due to supervisoreandeme shalllbespaid for physician's statement may by the City when so required and in the event the employe's health insurance does not cover the cost. Section 5. A physician's statement of the nature and identity of the illness, t e need for the employe's absence, and the estimated duration of the absence, may be required at the option of the City for absence due to sickness or injury and shall be paid for by the City when so required and in the event the employe's health insurance does not cover the cost. 13 �s Section 6. Employes may use sick leave where there is an illness in their family which necessitates making arrangements for the ill relative. For the purpose of this Section, members of an employe's family shall mean: relatives and dependents domiciled in the employe's household. Section 7. In the case of on-the-job injuries covered by Workers' Compensation, the City will provide to the employe an amount equal to the difference between the payments received for Workers' Compensation time loss benefits and regular net salary, for a period not to exceed ninety (90) calendar days. Whenver an employe receives a check for Workers' Compensation time loss benefits, he/she shall report to the finance director of the City in writing the amount of the check and the period for which it represents payment. Sick leave will not be charged to the employe for injuries covered by Workers' Compensation. Section 8. Effective July 1, 1983, an employe may upon separation from the City, cash out no more than ninety-six (96) hours of accumulated sick leave at the employe's regular straight time rate. Section 9. Effective July 1, 1983, an employe shall receive one (1) extra vaca ion day for twelve (12) months for nonuse of sick leave. Section 10. Doctor and Dental Appointments. Effective July 1, 1983, and every July 1 thereafter, each emp oye shall receive sixteen (16) hours appointment leave to be used for doctor and dental appointments. (Appointment leave will be non-accumulative) . Section 11. Sick leave benefits for permanent-part-time employes (twenty (20) ours per week or more) shall be granted on a prorated basis (hours per week divided by forty (40)) . ARTICLE 26 - BEREAVEMENT LEAVE In the event of a death in the immediate family up to five (5) days of compensated leave may be used by the employe in order to arrange for and to attend the funeral. For the purpose of this Article, an employe's family shall mean: spouse, parent, children, step-children, brother, brother-in-law, sister, sister-in-law, mother-in-law, father-in-law, paternal grandparents, parental grandparents, or any other person who is dependent upon the employe. ARTICLE 27 - CIVIL OR RELIGIOUS LEAVE Section 1. Employes shall be granted leave with pay for service on a jury or upon being subpoenaed as a witness; provided, however, that the employe is required to seek all fees due him for jury or witness duty, except mileage reimbursement, and turn said fees over to the City. Upon being excused from jury or witness duty for any day an employe shall immediately contact his/her 1 supervisor for assignment for the remainder of that workday. Section 2. Religious Leave. A leave of absence with pay may be granted for the purpose of observing or attending religious service for holidays of major theological importance. A verbal or written request must be made to the 14 appropriate department head prior to taking such leave and is subject to ,. his/her approval. ARTICLE 28 - LEAVE WITHOUT PAY A permanent employe may be granted leave of absence without pay up to twelve (12) months when the work of the employe's department will not be seriously handicapped by his/her absence. Requests for such leaves must be in writing and must establish reasonable justification for the approval by the department head or City Administrator. Leaves of absence for longer than two (2) weeks must be approved by the City Administrator. An employe on a leave of absence without pay shall not accrue vacation leave, nor will the employe be eligible to receive City benefits, except for health insurance coverage. This is available for ninety (90) days at the employe's expense if such coverage is desired. Upon the employe's return to City employment, he/she shall retain all previous longevity benefits. Vacancies created by such leaves, if filled, will be by temporary or conditional appointments. ARTICLE 29 - MATERNITY LEAVE Section 1. Maternity leave shall be covered by sick leave or disability insurance pay during the period that the employe's doctor certifies "disability." The employe will be required to provide written certification before such payments are made. The length of leave, both prior to and after delivery, is a decision to be made by the woman and her doctor. Any time taken before or after the certified period of disability must be taken as compensatory time, vacation time, or leave without pay. Section 2. The employe must notify the supervisor in writing of her intention o re urn to work (including date of return) at least fifteen (15) working days prior to the commencement of her maternity leave, and within fifteen (15) days after delivery the employe must reaffirm the intention to return to work in order to assure the position will be held open. An employe who confirms her intention to return to work in accordance with the above shall have the position held open until the date specified in the statement of intention. Section 3. During the disability period of maternity leave, vacation leave, sen o y, and time towards annual evaluations shall accrue. In addition, health and other benefits will continue without interruption. During periods of disability, insurance pay, health, dental, and life insurance benefits will be discontinued. However, the employe will have the option of picking up health insurance at their own expense (group rate) for the period of ninety (90) days after all forms of leave have been exhausted. Section 4. During the periods of leave without pay, standard rules governing seniority accrual, leave and fringe benefits under leave without pay shall apply. - Section 5. Pregnancy shall not constitute grounds for disciplinary action or ® dis—'m ssaT. 15 ARTICLE 30 - OTHER LEAVES OF ABSENCE Section 1. Parental Leave. A parent may be granted a leave of absence for a reasonable period of time to care for a new baby, whether natural or adopted. During parental leave the employe shall be entitled to use accrued vacation leave, compensatory time or leave without pay. Section 2. Election Da s. Employes shall be permitted reasonable time off to vote in any special or general election if their assigned work schedule does not permit them to vote. Section 3. Leaves of absence without pay shall be gr,.�nted all regular employes who enter the military service of the United States. Such employes shall be returned to City service in compliance with the Veteran's Reemployment Rights Law, Title 38, USC Chapter 43. ARTICLE 31 - EDUCATIONAL OPPORTUNITIES Section 1. The City will reimburse an employe for one-hundred percent (100%) of the cost of tuition and fees for courses conducted outside the employe's regular working hours to provide employes an opportunity for personal career development and to increase the technical competency of the City. This reimbursement will be made with the provision the employe requesting such reimbursement made application for approval of the course and tuition reimbursement to his/her department head prior to the registration deadline for such course. The employe must show evidence of a "C" or better or passing (when no grading is used) or must reimburse the City of all costs advanced to the employe for the course. (a) If the class taken was related to the employe's current position, and the emp— ye is separated from the City service for any reason except involuntary dismissal within one (1) year of the date of reimbursement, it shall cause fifty percent (50%) of the amount reimbursed within such year to be deducted from the employe's final paycheck. (b) If the class taken was related to reasonable promotion or transfer opportunities, and the employe is separated from City service for any reason except invo untary dismissal within one (1) year, it shall cause one hundred percent (100%) of the amount reimbursed to be deducted from the employe's final paycheck. If the employe terminates for any reason except involuntary dismissal within two (2) years, it shall cause fifty percent (50%) of the amount reimbursed to be deducted from the employe's final paycheck. Section 2. Educational courses which are only offered during regular working hours may be approved by the department head provided time off can be conveniently arranged and arrangements can be made to make-up time off the same week. Section 3. Should the City require an employe to attend any class, the City will pay for one-hundred percent (100%) of the cost of tuition, fees, and books for the classes. It will be required to have any books or other class materials paid for by the City placed in the City or departmental training library after the employe has completed the course. 16 Section 4. The City will allow time off with pay, and will reimburse an employe, upon prior approval of the employe's department head, for the expenses of attending classes, lectures, conferences or conventions when attendance is required by the City. ARTICLE 32 - LAYOFF Section 1. Bargaining unit employes shall not be laid off if the City is using temporary employes to do their work. Temporary employes will not be utilized to do the work of bargaining unit employes on the layoff list. Section 2. The City shall in-lieu-of layoff and upon written agreement from the affected employe, may transfer or demote in-lieu of layoff provided a position is available and the employe has the knowledge, skills and ability to do the job. Section 3. A layoff is defined as a separation from the City for involuntary reasons, not reflecting discredit upon the employe. An employe and the Union shall be given written notice of a layoff at least fifteen (15) working days before the effective date, stating the reason for the layoff, and the options the employe has. Section 4. The layoff procedure shall occur in the following manner: (a) The City shall notify, in writing, the Union and employes of his/her seniority and his/her contractual rights. c (b) The City shall determine the specific positions to be vacated and employes in those positions shall be notified of layoff. They shall have the following options: 1. Accept the layoff. 2. Displace the employe with the lowest seniority in the same classification if they have the knowledge, skills and abilities to do the job (by the assigned job description) . The employe must be capable of performing the requirements of the position within a reasonable period of time. A reasonable period of time is defined as approximately fifteen (15) working days. Section 5. Employes who displace an employe in a lower classification shall go to the step closest to their current salary. If their current salary is above the top of the new range, their pay shall remain frozen until the salary falls within the new range. Section 6. Ties and seniority shall be broken by dates of application. If a tiesti l exists, it shall be broken by lot. Section 7. Layoff Lists. Names of regular employes of the City who have been laid off or who have demoted in-lieu-of layoff shall be placed on the layoff list in seniority order established by the classification for which the employe laid off or demoted in-lieu-of layoff. Section 8. Recall. Employes who are on the layoff list by classification shall be recalled by seniority. Such employes must be qualified to perform 17 those duties. An employe's name shall remain on the layoff list for one (1) year (twelve (12) months) . Section 9. Length of service or seniority shall be defined as per Article 13, Seniority. Section 10. In the event of a layoff, an employe will receive pay based on F-is7FEr current rate of pay as follows: Time WorKed for City Amount of Pay 6 months but less than 2 years 2 weeks pay 2 years but less than 3 years 3 weeks pay 3 years but less than 4 years 4 weeks pay 4 years on up 5 weeks pay. If an employe who receives payment under this Section is recalled within the six (6) month period, they shall be permitted to take up to six (6) months (twelve (12) paychecks) to repay the City for money received under this Section. ARTICLE 33 - DISCIPLINE AND DISCHARGE Section 1. Disciplinary action or measures may be taken for violations of rules and regulations set forth in the City Personnel Policies and Procedures Manual or violations of verbal instructions, such actions shall include only the following: Oral reprimand, written reprimand, extension of probation for those employes on probation - not to exceed three (3) months, thirty- (30-)day disciplinary probation, reduction in pay or other monetary assessment, demotion, suspension (notice to be given in writing) , or discharge. Section 2. Disciplinary action may be imposed upon a permanent employe for just cause only. Section 3. If the City has reason to reprimand an employe, it shall be in a manner that is least likely to embarrass the employe before other employes and the public. Section 4. The City shall not discharge any employe without just cause. I.', in any case, the City feels there is just cause for discharge, the employe involved will be suspended for five (5) days. The Union and the employe will . be notified in writing that the employe has been suspended and is subject to discharge. The Union shall have the right to take up the suspension and discharge as a grievance at the third step of the grievance procedure, and the matter shall be handled in accordance with this procedure through the arbitration step if deemed necessary by either party. An employe found to be unjustly suspended or discharged shall be reinstated with full compensation for all lost time and with full restoration of all other rights and conditions of employment. 18 ARTICLE 34 - GRIEVANCE PROCEDURE Section 1. To promote better relations, the parties agree to settle any disp as to the meaning or interpretation of this contract by the following procedure: Step 1. After first attempting to resolve the grievance informally, the Union, or any employe with notice to the Union, may claim a breach of his/her Agreement in writing to the employe's immediate supervisor within ten (10) working days from the occurrence thereof, or the employe's kn wl dgevthtreof. The notice shall include: (1) a statement of the grievance facts; (2) provision of the contract violated; (3) remedy sought. The supervisor shall respond to the grievance in writing within five (5) working days, with a copy to the Union. Step 2. If, after five (5) working days from the date of submisson of the grievance to the supervisor, the grievance remains unresolved, the grievance may be submitted within five (5) working days to thWhdoemartrequestaUnionhe department head may meet with the aggrieved party, Y representation at the hearing. The department head shall respond to the. grievance in writing within five (5) workingdays, with a PY Step 3. If, after five (5) working days from the date of submission of the grievance to the department head, the grievance remains unresolved, the grievance may be submitted within five (5) working days to theUniCity n (10) Administrator, who shall meet with the aggrieved party a representatives and shall respond to the grievance in writing within te working days, with a copy to the Union. Step 4. If the grievance is not resolved within ten (10) working days from subff s is on of the grievance to the City Administrator, it may be submitted within ten (10) working days to an arbitrator. The arbitrator shall be selected by mutual agreement of the parties. If the parties cannot agree on an arbitrator within twenty-five (25) days of the submission of the grievance to the City Administrator, he/she shall be chosen in the following manner: (a) A list of five (5) names from the Oregon Employment Relations Board shall be requested and the parties shall alternately strike one (1) name fom the list until only one (1) is left. The Union shall strike the first name. The one (1) remaining shall be the arbitrator. One (1) day will be allowed for the striking of each name. (b) The arbitrator shall render a decision in writing within thirty (30) days time. The powers of the arbitrator shall be limited to interpretation of this Agreement and determining if it has been violated. The decision of the arbitrator shall be binding on both parties. (c) The cost of the arbitration shall be born equally by the parties. Each party shall be responsible for the costs of presenting its own case to the arbitrator. Section 2. Any time limits, specified in the grievance procedure, may be �. waived by mutual consent of the parties. Failure to submit the grievance in accordance with these time limits without such waiver shall constitute abandonment of the grievance. A grievance may be terminatedat any time upon o receipt of a signed statement from the Union or the employe has been resolved. 19 Section 3. If at any step of the grievance procedure the Employer fails to issue a response within the time limits set forth in this Article, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union. ARTICLE 35 - PERSONNEL RECORDS Section 1. Each employe shall have the right to review the contents of Fi—s-7FFer own personnel file. At his/her option, h?/she may request to be accompanied by a Union representative of his/her choosing. Section 2. Access to a staff member's personnel file shall be limited to only TF—e individual employe involved and/or his/her designated representative, such supervisor and administrators of the City who are signed to review or place materials therein, and such clerical personnel whose duty it is to maintain personnel files, provided such access does not conflict with the provisions of ORS 192.500. Section 3. No material, which in any form can be construed, interpreted or acknowledged to be derogatory towards the employe shall be placed in the employe's personnel record that does not bare either the signature of the employe indicating that he/she has been shown the material or a statement by the employe that he/she has been shown the material and has refused to sign it. A copy of such material shall be furnished to the employe. An employe may include an explanatory statement in his/her file to answer to any reprimand or admonishment. Section 4. All letters and materials of commendation and letters of caution, consultation, warning, admonishment and reprimand shall be considered temporary contents of the personnel record and shall be removed and destroyed no later than three (3) years after they have been placed in the employe's personnel file. Section 5. Material placed in the personnel record of an employe without conforming with the provision(s) of this Article will not be used by the City in any disciplinary proceedings involving the employe. No portion of an employe's file shall be transmitted without the explicit consent and request of the employe other than to those authorized within the City by order of a competent court. Section 6. Any employe, upon his/her request, shall have access to his/her oersonnel. file. Any employe may upon request have the right of reproduction of his/her personnel file in full or part. ARTICLE 36 - CONTRACTING, SUBCONTRACTING WORK The Union rtLognizes that the City retains the right to contract and subcontract work as it determines; provided that as to work presently and regularly performed by members of the bargaining unit, the City agrees to afford an opportunity to the Union to meet and discuss the affect of such action on the employment level prior to finalizing and implementing its decision. The City agrees to give consideration to alternatives, such as, work force reduction by attrition, transfers to open vacancies and preferential rehiring when such contracting action will affect the employment 20 WNW level. Such considerations shall be within the City's primary requirement to maintain broad authority over its operations in order to provide efficient and economic services to the citizens of the community. 4( 21 ARTICLE 37 - TERM OF AGREEMENT AND REOPENING Section 1. This Agreement shall be effective the 1st day of July, 1983, and shall remain in full force and effect through the 30th day of June, 1985. Section 2. This Agreement shall automatically be renewed from year to year thereafter unless either party shall notify the other in writing not later than October 1 1984 that it wishes to modify this Agreement for any reason, other an per Section 3 of this Article. Section 3. Mid-Term Opener. Upon written notice from the Union requesting negotiation of waCes only by October 1, 1983, the parties shall meet to negotiate changes of wages to e e ec ive in the second (2nd) year of this Aoreement. Section 4. Comparability. For the purpose of this Agreement, comparable market value will be determined on wages, insurance, vacation and holidays by surveying the Cities of Beaverton, Hillsboro, Lake Oswego, Milwaukie, Oregon City and West Linn. OREGON PUBLIC EMPLOYES UNION CITY OF TIGARD t Executive Director Date: Date: TIGARD MUNCIPAL EMPLOYEES Date: Presiders Date: 22 LETTER OF AGREEMENT The City and the Union will evaluate health plans using Beaverton, Hillsboro, Lake Oswego, Milwaukie, Oregon City, and West Linn as the norm. Three (3) members from the City and three (3) members from the Union will make up the committee. If the full committee's recommendation is not agreed to by either party, the resolution will be resolved by binding arbitration. The committee will be selected January 1, 1984 and the committee will submit their report to the City and the Union no later than March 31, 1984. This report will be for the second (2nd) year of the Agreement, July 1, 1984 through June 30, 1985. OREGON PUBLIC EMPLOYES UNION CITY OF TIGARD Date: Date: s a e 4; RE tz 23 LETTER OF AGREEMENT Sex Discrimination: The City will incorporate a sexual harassment complaint procedure within the next revision of the Personnel Policies and Procedures Manual and send a copy to the Union. Video Display Terminals: The City will evaluate the safety of VDT and CRT equipment through a joint management/employe Safety Committee which includes representatives of the City and the Union, and shall be established within six (6) months of the signing of this Agreement. Sick Leave: In the event layoffs occur between July 1, 1983 and September 30, 1983, employes may cash out accumulated sick leave at fifty percent (50%) . Maximum cash out shall be no more than forty-eight (48) hours of accumulated sick leave at the employe's regular straight time rate. OREGON PUBLIC EMPLOYES UNION CITY OF TIGARD Date: Date: 1 24 APPENDIX A CLASSIFICATION A B C D E F Receptionist 760 800 842 886 933 982 Clerk Typist I 921 969 1020 1074 1131 1190 Library Clerk 921 969 1020 1074 1131 1190 Clerk Typist II 1002 1055 1110 1168 1229 1294 1294 Billing Typist Library Asst. 1039 1094 1152 1213 1277 1344 Laborer 1084 1141 1201 1264 1330 1400 Clerk Typist III 1091 1148 1208 1272 1339 1409 Utility worker I 1210 1274 1341 1412 1486 1564 Accounting Clerk 1236 1301 1369 1441 1517 1597 1717 Utility worker II 1:28 1398 1472 1549 1631 1717 Auto.Service Worker Engineer Tech. I 1394 1467 1544 1625 1711 1801 1853 Utility Worker III 1434 1509 1588 1672 1760 1853 Mechanic Code Enforcement 1853 Officer Bldg. Insp. C 1535 1616 1701 1790 1884 1983 Engineer Tech. II 1569 1652 1739 1831 1927 2028 Foreman 1581 1664 1752 1844 1941 2043 43 Engineer Tech III2117 Bldg. Insp. B 1652 1844 1941 20431910 041724 181503 20151 2264 Bldg. Insp. A 0052c 25 �y M EMO R A N D U M TO: Mayor and City Council FROM: Bob Jean, City Administrator FROM: 2-Year Serial Levy, June 28, 1983 SUBJECT: DATE: May, 23, 1983 2 with 1983 meeting, the Budget Committee recommended 4-2 (5-2 a At its May 19, had to leave before the vote) Attached is goward Duffy in support but having 1983 election. Police Only 2-Year Serial Levy for the June 28, Chief Adam's evaluation of this issue. if approved the following changes would occur: Average Tax* Tax Rate $1.19 $83.30 Fiscal Year 1981-82: 78.40 � 1.12 Fiscal Year 1982-83: 83.30 Fiscal Year 1983-84 1.19 15.00 Authorized .21 Police Lev 98.30 $1.40 Recommended City Attorney's Office will be bringing the Ballot and Resolution to the The Ci y meeting. * $70,000 Assessed Value Home. C MEMORANDUM May 20, 1983 TO: City Administrator/City Council FROM: Chief of Police SUBJECT: Two Year Police Serial Levy Proposal Sir: I wish to request City Council consideration of a special two-year police serial levy as was recommended by the Budget Committee on May 19, 1983. I recognize the difficulties of asking for voter approval of another levy this soon after the May 17th election, and I would not be asking for such a proposal if I did not sincerely believe it to be necessary to maintain existing service levels as was provided in past years. The serial levy will pick up the communication system, needed replace- ment vehicles and personnel as was provided in the B1 and B2 levies, in fiscal year 83-84, and provides for the word processing and mobile radio replacements and personnel in 84-85. (See attached cost spread sheet) . The work loads at the Tigard Police Department have increased to bring our obligated / non-obligated time to dangerous levels. The desired levels of obligated / non-obligated times are 50% each; however, the Tigard Police Depart- ment's obligated time has reached 62°A, while their non-obligated time is 38%. This means that only 38% of the time the officers are available for calls and are involved in preventative patrols throughout the city, that 621. of the time the officers are commited to a circumstance that does not allow him to respond to calls. The dangerous aspects of this is when the patrol officers are tied up and the responding officer has to respond alone to very dangerous situations like, to name a few, bank robberies, bar fights, and family beefs with weapons involved. Our current staffing level provides for 1.20 officers per 1,000 population, while the national trends and desired levels are 1.60 officers per 1,000 population. With the two additional people in 83-84 fiscal year, it will raise our level to 1.20 and the two officers in 84-85 fiscal year will raise our level to 1.40. Bearing in mind those projections are based on our population remaining constant, which we are all well aware will be increasing. Based on work loads and staffing levels, it is very apparent that the additional people and equipment are very much needed. This will enable us to stay abreast of our increasing work loads, and allows us to be proactive to our community safety needs rather than fall into a reactive mode. The reactive police depart- ments do nothing to prevent the criminal conduct, but rather take the reports after the crimes have been committed. There are many reasons for a new communications system, but the most important is the safety factor, both for the police officer and the citizens of Tigard. Tigard Police Department is functioning with a communications system that is 15-Plus years old. This antiquated system is the only link your police officer has with the dispatch center. If the officer needs assistance, and he can't communicate with dispatch, he's on his own. With our present system, when using the walkie-talkies, dispatch is sometimes unable to communicate with the officer Two-Year Police Levy Page 2 when he is no further than a mile away from the station. The officer is in a "dead spot", and if he's alone out there and needs help, no one would hear him. With this new equipment all dead spots would be eliminated. The walkie- talkies would provide 100% efficiency from anywhere in the city. When you stop to think our officers use these 50% of their time, this is a very important safety factor. Also, this new system would provide a back-up recording system. To show the importance of this, suppose a citizen calls the police department as someone is breaking into their home. The citizen is excited, and talks rapidly in a voice not clearly understood immediately. The citizen hangs up the receiver before the dispatcher can verify the address or phone number of the person calling. The back-up recorder would let the dispatcher play back this phone conversation within 30 seconds, and an officer will be dispatched to the proper location immediately. Without the recorder, this information would be lost, and unless the citizen is able to call back, the police would not respond. Your support of police services past and present is greatly appreciated. Sincerely, R.B. Adams Chief of Police RBA:ac TWO-YEAR POLICE SERIAL LEVY Personnel Services: 83-84 84-85 Total 2 officers at 10 mos. $52,000 $68,000 $120,000 83-84 and 12 mos. 84-85 (1.6) (2) . 2 officers at 12 mos. -0- 66,000 66,000 in 84-85 Personnel $52,000 $134,000 $186,000 Materials and Services: -0- -0- -0- Capital Outlay: . Back-up Recording $16,400 $16,400 2 Detective Cars 15,000 -0- 15,000 . Squad Car 10,000 10,000 Radio System 53,600 53,600 Mobile Radios 3,600 3,600 Word Processing 13,515 13,515 4 r a ( Capital Outlay $95,000 $17,155 $112,115 f. 1 x TOTAL: POLICE 1147 000 151 155 X298 115 $298,115 + 10% Tax Delinquencies = $327,926 $328,000 divided by 2 = $164,000/year "Police Serial Levy" (Note: B-1 at $127,500 B-2 at $93,000 = $220,500 . . . and Police B-1 at $84,150 + B-2 at $93,000 = $177,150 . . . $164,000 divided by $763,603,000 = 210 / 1,000. . . i �y M E M O R A N D U M TO: Bob Jean FROM: Jerry McNurlin4J1-1 SUBJECT : Caretaker Position for Cook Park DATE: May 20 , 1983 After interviewing two couples for the Caretakers position for Cook Park, we came up with Sandy and Mark Erickson as the final- ist . They were invited to the Park Board meeting where we talked with them. The Park Board agreed that they were right for the job . Mrs Scott and Mr. Cook were invited to be present at t:_e Board Meeting , however, Mr . Cook was unable to attend , but Mrs . Scott agreed that the Erickson-' s were right for the job . JM/tb MEMORANDUM May 20, 1983 TO: Citv Administrator/City Council- FROM: ouncilFROM: Chief of Police SUBJECT: New O.L.C.C. License RE: ROUND TABLE PIZZA 11940 S.W. Pacific Highway Tigard, Oregon 97223 License Applied For: Restaurant - Beer & Wine Sir: ' It is recommended that this application be approved and forwarded to O.L.C.C. Respectfully, R.B. Adams Chief of Police i f RBA:ac i { F t iti. Avoid Verbal Messages A-1 CITY OF TIGARD To: Chief Adams From : Doris Hartig Subject: OLCC LIQUOR LICENSE Date :_ May 19, 1983 Please review and have recommendation to us by June 7th so we may include it in the packets for the June 13th Council Meeting. Thank you. New Outlet - Restaurant Round Table Pizza 11940 SW-Pacific Highway Tigard, OR 97223 - �S- STATE OF OREGON 9079 S.E. McLoughlin Boulevard PAGE OREGON LIQUOR CONTROL COMMISSION P.O. Box 22297 Portland, Oregon 97222 APPLICATION GENERAL INFORMATION N° 6045 The filing of this application does not commit the Commission to the granting of the license that you are applying for, nor does it permit you to operate the business named below. If a license is granted by the Commission, you will receive a LICENSE CERTIFICATE. No fee is collected by OLCC until a LICENSE CERTIFICATE is to be issued. (THIS SPACE IS FOR OLCC OFFICE USE) (THIS SPACE IS FOR CITY OR COUNTY USE) Application is being made for: NI OTICE TO CITIES AND COUNTIES: Do not consider this BOTTLER Greater Privilege I application unless it has been stamped and signed at the BREWERY Lesser Privilege left by an OLCC representative. DISPENSER CLASS A New Licensee THE CITY COUNCIL, COUNTY COMMISSION, OR COUNTY DISPENSER CLASS B New Location DISTILLERYNew Outlet COURT OF — DRUGGIST New ariner I (Name of City or County) FARMER'S WINERY RECOMMENDS THAT THIS LICENSE BE: GRANTED INDUSTRIAL RAILR ALCOHOLi,PPLICWi✓'Y RZCEi'._J PUBLIC PAnnffW&k"U kg2Nr9* SSIGPi DENIED ESTAURANT R MALT BEVERAGE •.04Y ( „ 1983 DATE SEASONAL DISPENSER SPECIAL EVENTS DISPENSER BY WHOLESALE MALT BEVERAGE 1960SWD04310N (Signature) WINERY TITLE CAUTION: if y�operafiionthisbusiness depends on your receiving a liquor license, OLCC cautions you not to purc!:ase, remodel, or start construction until your license is granted. 1. Name(s) of individual applicant(s), partnership, or corporation: 'C"A Cts-414 (Name) ^ (Address) (City) (State) (Zip) 2) �T�(oll.?1Z 3> 4, NL�G1ii�C?L Dt �ArK��2 �� "'I�vhT�c Q �o��rScfl (EACH PERSON LISTED ABOVE MUSr`,T�,F1�1LE AN INDIVAL H IDUISTORY AND A FINANCIAL STATEMENT) 2. Trade name of premises ��' TFt Y��' t��l2Z When filed: (Year Name Filed with Corporation Commissioner) 3. Former trade name 11 y d�� 4. Premises address —1i�` (Number, St ear, Rural Route)( (City)—� (County) (Stare) (Zip) 5. Business mailing address P(ZL11- I.3 L C} S-t 1r1�tl CAA- 9 �n I a (P.O. Be,, Number, Street, Rural Route) (City) (State) (Zip) 6. Was premises previously licensed by OLCC? Yes_ No,.<— Year 7. If yes, to whom: — Type of license: _ 8. Will you have a manager: Yes_ No Name t (Manager must fill out Individual History, blue page 2) 9. Will anyone else not signin t is application share in the ownership or receive a percentage of profits or bonus from this business? Yes No 10. What is the local governing body where your premises is located? Y ( (Name of City or County) 11. OLCC representative making investigation may contact: (Nerie) ( �iL wx CIS &-73- (Address) (Tel. No.—hominess, message) CAUTION: The Administrator of the Oregon Liquor Control Commission must be notified if you are contacted by anybody offering to influence the Commission on your behalf. Applicant(s) Signature (1) 74(In case of corporation, duly 5X authorized office•thereof) (3)X (4) J onqina—L-1 po.. -nonr DATE 5s+'40OW-645 Form Ba5a5—SBO (1(81) y Q STATE OF OREGON 9079 S.E. McLoughlin Boulevard P.O. Box 22297 PAGE OREGON LIQUOR CONTROL COMMISSION Portland, Oregon 97222 APPLICATION GENERAL INFORMATION N° 6045 The filing of this application does not commit the Commission to the granting of the license that you are applying for, nor does it permit you to operate the business named below. If a license is granted by the Commission, you will receive a LICENSE CERTIFICATE. No fee is collected by OLCC until a LICENSE CERTIFICATE is to be issued. (THIS SPACE IS FOR OLCC OFFICE USE) (THIS SPACE IS FOR CITY OR COUNTY USE) NOTICE TO CITIES AND COUNTIES: Do not consider this Application is being made for: BOTTLER Greater Privilege application unless it has been stamped and signed at the left by an OLCC representative. BREWERY Lesser Privilege DISPENSER CLASS A New Licensee THE CITY COUNCIL, COUNTY COMMISSION, OR COUNTY DISPENSER CLASS B New Location DISTILLERY New Outlet i COURT OF -- coun+yJ DRUGGIST New Partner (Name of cry or FARMER'S WINERY iRECOMMENDS THAT THIS LICENSE BE: GRANTED INDUSTRIAL ALCOHOL J%pg I RECEIVED DENIED RAILROAD, PUBLIC PAS&fth Lta -R&Etg*ISSION RESTAURANT RETAIL MALT BEVERAGE DATE SEASONAL DISPENSER ((i qY 1 v 1983 SPECIAL EVENTS DISPENSER BY WHOLESALE MALT BEVERAGE AND WINE (signature) WINERY LICENSE DIVISION TITLE CAUTION: If your operbtion of this business depends on your receiving a liquor license, OLCC cautions you not to purchase, remodel, or start construction until your license is granted. 1. Name(s) of individual applicant(s), partnership, or corporation: 1)— (Address) (City) (State) (Zip) (Name) 2) — 3) - 4) (EACH PERSON LISTED ABOVE MUST FILE AN INDIVIDUAL HISTORY AND A FINANCIAL STATEMENT) 2. Trade name of premises When filed: (Year Name Filed with Corporation Commissioner) 3. Former trade name 4. Premises address count stare) (Number,Street, Rural Route) (City) (County) 5. Business mailing address (State) (ZIP) (P.O. Box, Number,street, Rural Route) (City) ( 6. Was premises previously licensed by OLCC? Yes No_ Year 7. If yes, to whom: — Type of license: — 8. Will you have a manager: Yes_ No— Name (Manager must fill out Individual History, blue page 2) ( 9. Will anyone else not signing this application share in the ownership or receive a percentage of profits or bonus fromthis business? Yes — No 10. What is the local governing body where your premises is located? _ (Name of City or County) 11. OLCC representative making investigation may contact: — (Name) — (Address) (Tel. No.—home, business,message) CAUTION: The Administrator of the Oregon Liquor Control Commission must be notified if you are contacted by anybody offering to influence the Commission on your behalf. Applicant(s) Signature (1) (In case of corporation, duty authorized officer thereof) , (2) (3) (4) stn copy—Appl,-nl DATE SP-4M7d45 Form 114545-aW (74111) t�•rJ p �1_ ��J.J".z�-�-�•: ��-�J - '� ,r'!N� ,�� yz ,4 't��Y Q g� ,ycJ :J 1'J e-T7 c1cojJLC- -F _ -21-42 2� �t�r� F+, '�Rc��S��� 8195 IJtW• %�vc-tT�NCt 3-?0-5� Qom�P-rJfl i O CZ gl'tz°1 vJ U , yv.0- 5'r \-zA-40 F f; 7Yr5L4)t YW\.St C+ -\_\'SZ- S CP, S i f 6� JeSR�p'h P, P,"C>:,_ rj '138 L�1-K2 Te w co— 6YA, aZz 47 tn\j;s c `7s61� t r i CITY OF TIGARD, OREGON RESOLUTION NO. 83 - A RESOLUTION OF THE TIGARD CITY COUNCIL CALLING FOR A SPECIAL ELECTION TO SUBMIT TO THE REGISTERED, QUALIFIED VOTERS OF THE CITY A THREE YEAR SERIAL LEVY FOR PARK ACQUISITION AND DEVELOPMENT FOR THE CITY. WHEREAS, the City Council has taken the position that voters of the City should determine whether the level of park acquisition and development conducted within the City should be supported by tax dollars ; it is therefore necessary to submit the following proposition to the voters of the City of Tigard at a special election called and held for that purpose. NOW, THEREFORE, BE IT RESOLVED BY THE TIGARD CITY COUNCIL fHAT: 1. An election is hereby called to be held in the City of Tigard on the 28th day of June, 1983, between the hours of 8:00 A.M. and 8:00 P.M. Pacific Daylight Time at the polling places designated in Exhibit A for the purpose of submitting to the registered, qualified voters of the City of Tigard the proposition set forth in Section 2 below; 2. The following ballot title and explanation is hereby approved with respect to the following measure for which purpose the following ballot title, number and form in which the question shall be printed upon the official ballot is prescribed: SUMMERLAKE PARK 3-YEAR LEVY FOR PARK PURCHASE AND IMPROVEMENTS. QUESTION: Shall the City of Tigard levy $50,000 each year starting in 1983-84 for Summerlake Park? PURPOSE: This is a three-year General Fund serial levy. Park land, two houses and a large shed would be purchased. Improvements would be made. This is needed to finish Summerlake Park. If this treasure is approved, $50,000 of taxes levied in 1983-84 fiscal year will be totally financed by local taxpayers. 3. The City Recorder is hereby authorized and directed to certify in the manner provided by law to the Director of Records and Elections of Washington County, Oregon, the foregoing measures for inclusion as a part of the regular ballots to be prepared by such Director for voting at all precincts within the City of Tigard, as set forth in Exhibit A herein, at the Special Election of June 28, 1983. RESOLUTION NO. 83- Q. The Tigard City Recorder be, and she is hereby, authorized and directed to undertake all necessary and convenient acts to facilitate the inclusion of this measure on the June 28, 1983 Special Election ballot for the approval or rejection of the qualified voters of the City of Tigard and is further authorized and directed to give notice of the above described election and proposal in the following manner: (a) by posting notices of the election, one at each of the designated polling places and in each of the precincts in the City, not less than ten (10) days prior to the date of the election and also; (b) by publishing in the Tigard Times once each week for two consecutive weeks, the first such publication to be not less than ten (10) days prior to the date of the aforesaid Special Election. PASSED• This day of 1983, by the Council of the City of Tigard, Oregon. Mayor ATTEST: City Recorder PAGE 2 RESOLUTION NO. 83 — EXHIBIT "A" PRECINCT NO. POLLING PLACE 30 Fowler Junior High School - 10865 SW Walnut 31 Charles F. Tigard Grade School - 12985 SW Grant 32 Charles F. Tigard Grade School - 12985 SW Grant 33 Fowler Junior High School - 10865 SW Walnut 34 Twality Junior High School - 14650 SW 97th 35 Phil Lewis Grade School - 12615 SW 72nd 40 Twality Junior High School - 14650 SW 97th 41 Summerfield Club House - East Entrance 10650 SW Summerfield Drive 46 Mary Woodward Elem. - 12325 SW Katherine 180 Summerfield Club House - East Entrance 10650 SW Summerfield Drive RESOLUTION NO. 83- Columbia Roads& Excavating Site � Streets Incorporated Preparation _ P.O.Box 278 • Tualatin.Oregon 97062 a 14503)625-5542/1.(503)625-5686 May 17, 1983 The Honorable Wilbur Bishop Mayor and City Council of The City of Tigard Tigard, Oregon 97223 Reference: S. W. 72nd Avenue LID X21 Gentlepersons: On April 19, 1982, Columbia Excavating, Inc. signed a contract with the City of Tigard for construction of the referenced project. Since that time, we have been repeatedly assured that necessary easements and right-of-gays were being ac qiiired-in a timely. manner. The work completed last year Was clone at additional expense .to Columbia because of delayed easement acquisitions. Utilities were not entirely moved Until very late in 1982. Work had to be scheduled around these all at additional cost to us. On February 2, 1983, a letter Was written to Mr. DeHaas requesting information pertaining to properties Which we could not work-on because of the lack of easements or right-of-rays. On Fey 15, 1983, we receiver the response from Mr. DeHaas in which he indicated again that necessary right-of-ways would be acquired before... ••weather allows the eontinuannee of (our) construction work". Today, May 17, 1983, approximately 13 months after the contract was signed, Mr. DeHaas informed me that all right-of-way has not been acquired. These are the properties of the Southern Pacific Railroad and the Killian Property. With- out these, the remainder of the project cannot be worked in a continuous manner, causing us to incur adcUtional costs. Because the City of Tigard has not proceeded with reasonable diligence to acquire the necessary property for us to work on, we are at this time planing you on niot.ce that we intend to file a claim against you to recover all additional costs Which we have incurred in the past'and Will incur in finishing the project. We will continue to keep accurate records of these additional casts and will submit them to you at the end of the project for reintmirsement. Sincerely, COLUMBIA E WAVATING, INC. Donnie L. Martin DIM/gm cc: Kobin & Meyer Marlin DeHaas DE HAAS & ASSOCIATES, INC. CONSULTING ENGINEERS& SURVEYORS SUITE 445-AGC CENTER WILSORYILLE. OREGON 97070 9450 S.W. COMMERCE CIRCLE (503) 682-2450 February 11, 1983 Donnie L. Martin Columbia Excavating Incorporated r�Q P.O. Box 278 Tualatin, Oregon 97062 Dear Donnie: This response is to your letter of February 2, 1983, received by our office in the mail February 8, 1983. To date, all necessary right-of-ways, easements and permits have been either acquired or other forms of access obtained except for the following: 1. Access to Killian property (Ident 46) has been acquired except for the area occupied by the building. We have had full cooperation by the Owner, but have proceeded with condemnation to settle the question of the tenant's rights. The City's attorney has tendered the usual 20 day offer letter as of February 4, 1983 and we would expect to take possession approxi- mately 20 days beyond that date or upon out-of-court settlement, as the case may be. ' 2. Access to the Peterson property (Ident 45) is still under negotiation. We have carried on these negotiations for a considerable period of time, knowing that the need for access was not eminent. If negotiations are not fruitful within the next couple -of weekswe would expect to continue with the condemnation process. Council has already passed a resolution authorizing condemnation should negotiations fail . 3. Access to the railroad 11 ght-of-way is dependent upon agreements currently being drawn by the S.P.T.C. in San Francisco. The agreements will be in accordance with PUC orders that have been approved for widening of both crossings., including improvements to railroad crossing protection facilities: The City of Tigard expects to receive the subject agreements shortly for approval . We would expect sufficient access to each of the above three properties to be settled well before the time weather allows the continuance of your ,constrpction work. Donnie L. Martin Columbia Excavating Incorporated February 11, 1983 Page 2 We have recently contacted the various utilities likely to impact this project to confirm as well as possible the status of their construction or any proposed future construction. Responses were as follows: 1. N.W. Natural Gas. Valve box adjustments will be made as project progresses. 2. Metzger Water District. Nothing. 3. Tigard Water District. Adjust valve boxes. Adjust or relocate water services as dictated by the project. 4. General Telephone. Minor work behind the curb at Tech Center Drive will be done shortly. Four (4) crossings are planned on 72nd between the main railroad crossing and Bonita Road. If the crossing work cannot be done within three weeks, it will not be done in the near future (during our project). 5. P.G.E. The service pole at Connies Market will be removed when the store is demolished. F 6. City of Tualatin Waterline. Corrosion test stations, manholes, eto. will e a Dusted before final lift of paving. Any additional trench paving will be completed before Columbia is ready to begin base paving. 7. Lake Grove Water District. Nothing. The City of Tigard has identified some sanitary sewer improvements teat would be most properly constructed at this time to avoid tearing up the new pavement in the future and mitigate costs. These improvements involve main extensi.ons to serve Idents 36, 53b and 52, along with extensions of a number of. $prvice ;laterals necessitated by the street widening. The City expects to. negotiate a contract for the construction shortly and the construction period is expected to take less than 45 days. We would expect such._Gonstruction to be completed well before the time weather allows the continuance- of your construction work. Sincerely, M48L;N J DE HAAS, P.E. MJD/slc cc: Frank Currie Susan Schneider 80.194.118 1.q Columbia ` Roads 6 Excavating Site Streets Incorporated Preparation i P.O.Boz 278 • Tualatin,Oregon 97062 • 1-15031625-5542/1-1503)625.6686 February 2, 1983 DeHaas & Associates 9450 S.W. Commerce Circle Wilsonville, Oregon 97070 Attention: Marlin Reference: S.W. 72nd Avenue L. I .D. Dear Marlin: increasingly In anticipation of spring, g Y better weather and another beginning of construction season, we would like to take care of any problems we can before actual work begins. One area of concera to us is that of right-of-ways, easements, and permits. We would like for you to give us a detailed list of any property which we cannot work on at this time due to lack of right-of-ways, easements, or permits and additionally when we will be able to work in those areas. We would also like to know. any areas where utilities are going to be a problem. We would like to have this information by February 11, 1983 in order for us to plan for future work on this project and on other contracts. Sincerely, COLUMBIA EXCAVAT G, INC. Donnie L. Martin t DLM/mmd cc: Kobin & Meyer