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City Council Packet - 05/20/1985
wamw TIGARD CITY COUNCIL PUBLIC NOTICE: :Anyone wishing to speak on an SPECIAL MEETING AGENDA agenda item needs to sign on the appropriate MAY 20 1985, 8:00 P.M. sign-up sheet(s). If no sheet is available, FOWLER JUNIOR HIGH ask to be recognized by The Chair at the start 10865 SW WALNUT of that agenda item. Visitor's agenda items TIGARD, OREGON 97223 are asked to be kept to 2 minutes or less; longer matters can be set for a future Agenda by con- tacting either the Mayor or City Administrator. 1. AT TIGARDCITYHALL COUNCIL WILL MEET IN EXECUTIVE SESSION UNDER THE PROVISIONS OF ORS 192.660 (1) (d) (h) (i) TO DISCUSS LABOR RELATIONS, PENDING LITIGATION, AND CITY ADMINISTRATOR REVIEW ISSUES. This will be scheduled from 5:45 P.M. to 7:45 P.M. 2. SPECIAL MEETING: 2.1 Call To Order and Roll Call 2.2 Pledge of Allegiance 2.3 Call To Staff and Council For Non-Agenda Items 3. VISITOR'S AGENDA (2 Minutes or Less, Please) 4. PRESENTATION OF KEYS TO THE CITY o Mayor Cook 5. SALE OF SURPLUS LAND a Mr. Muse of Coldwell Banker - Marketing Proposal 6. KRUGER CPA 6 ZC 4-85 FINAL ORDER- ORDINANCE NO. 85-_ o Community Development Director 7. IDRISS APPEAL ZC 2-85 FINAL ORDER - RESOLUTION NO. 85- o Community Development Director 8. DAVIS ANNEXATION ZCA 1-85 S CPA 2-85 FINAL ORDER RESOLUTION NO. 85- o Community Development Director 9. CABLE TV FRANCHISE RENEGOTIATION RESOLUTION NO. 85- AND COMMITTEE APPOINTMENT o City Administrator 10. CODES ENFORCEMENT/CIVIC INFRACTION REVISIONS o Community Development Director 11. CIVIC CENTER PROJECT - APPARENT LOW BID REVIEW, CIVIC CENTER ADVISORY COMMITTEE MEETING, AND INTERIORS ARCHITECT'S REPORT o City Administrator b Chairperson Johnson 12. LID POLICY - RESOLUTION NO. 85- 0 Administrative Assistant 13. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 13.1 Approve Council Minutes - May 6 6 13, 1985 13.2 Receive and File Departmental Monthly Reports 13.3 Approve Bid Specifications - Mower and Sewer Cleaner 13.4 Receive and File Sherwood Dispatch Report 13.5 Approve SDC Rebate - Pac Trust 13.6 Approve Resolution No. 85-30 - Street Vacation Policy Adoption 13.7 Approve S Authorize Signatures - Administrator's Employment Agreement - Resolution No. 85-31 13.8 'Approve Board 3 Committee Appointments: Resolution No. 85-32 Economic Development Committee Resolution No. 85-33 Neighborhood Watch Steering Committee 13.9 Approve Meeting Date For Joint Tigard/Beaverton Council Meeting Wednesday, July 30, 1985. 13.10 Approve Executive Session For 6/11/85 - 6-10 P.M. Regarding Labor Relations 14. NON-AGENDA ITEMS: From Council and Staff 15. ADJOURNMENT lw/2746A COUNCIL AGENDA- MAY 20,, 1985 --PAGE 1 T I G A R D C I T Y C O U N C I L SPECIAL MEETING MINUTES MAY 20, 1985 — 7:30 P.M. 1. ROLL CALL: Present! Mayor John Cook; Councilors: Tom Brian, Phil Edin (arrived at 8:11 P.M.), Jerry Edwards, and Tma Scott; City Staff: Bob Jean, City Administrator; Bill Monahan, Community Development Director; Tim Ramis, Legal Counsel; and Loreen Wilson, Deputy City Recorder, 2. Mayor Cook requested everyone stand and observe a moment of silence in memory of Wally Avery whu passed away Thursday, May 16, 1985. He served as a Public Works Crew Chief for the City of Tigard. 3. CALL TO STAFF AND COUNCIL FOR NON--AGENDA ITEMS a. City Administrator noted additional information on the following agenda 'items: 9 Per Executive Session discussion, appoint Councilor Scott and approve resolution 11 3 issues to be resolved tonight 12 Will be presented by City Administrator, not Admin. Aide 13.5 Pulp per Mayor's request for consideration at the 6/10/85 s meeting 13.7 Per Executive Session discussion, consider Resolution No. 85-31 14.1 Add Summer Creek Easement Approval b. Councilor Scott requested item 14.2 be discussion on Economic Development survey. 4. VISITOR'S AGENDA a. Mr. H. W. Lyster, 15625 SW Alderbrook Cirt.le, discussed concerns regarding personnel benefits. He synopsized history of his requests for information from the City Administrator and expressed dissatisfaction with City responses. Mr. Lyster also requested copies of the City Administrator's personal expense account from November 1, 1984 through April 30, 1985. City Administrator stated he had answered the questions from Mr. Lyster and disagreed with his accusations. Councilor Scott expressed dissatisfaction with the way in which this issue was handled. b. Nancy Robbins, 12185 SW SummerStreet, requested Council assistance in limiting the through truck traffic on SW Summer and Summercrest Streets. Anton Schultz development is using the streets to move heavy trucks to and from the construction sites and this use is breaking up the pavement. She also expressed concern with excessive speed by the trucks. City Administrator stated the staff would research the code and Ca make recommendations as to action that can be taken to remedy the situation.' Page 1 `— COUNCIL MINUTES — MAY 20, 1985 5. PRESENTATION' OF KEYS°TO THE CITY y a. Mayor Cook expressed appreciation to the citizens who organized the "Gigantic Annual sales Spectacular" from which proceeds went to benefit the Tigard Library. The following keys were presented: Helen Stayaert, Yvonne Burgess, Pat Biggs, Martha Bishop, Ivan Jack and Fred Hage. b, Ms. Stayaert presented -a financial report from the sale and thanked the Council for their support. 6. SALE OF SURPLUS LAND a. Mr. kubert Muse, representing Coldwell Banker, discussed his marketing proposal for the old city hall site at 12420 SW Main Street He recommended an asking price of $100,000 with a 6% sales commission and 12 month listing contract. b. Motion by Councilor Edin, seconded by Councilor Scott to approve the 12 month exclusive sales listing agreement and authorize the Mayor to sign. Approved by unanimous vote of Council present. 7. KRUEGER CPA 6''ZC 4-85 FINAL ORDER a. Community Development Director recommended approval of final order from 5/6/85 public hearing. b. ORDINANCE NO. 85-24 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT (CPA 4-85) AND ZONE CHANGE (ZC 4-85) PROPOSED BY MARGE KRUEGER AND DECLARING AN EMERGENCY C. Motion by Councilor Brian, seconded by Councilor Edwards to adopt. Approved by unanimous vote of Council present. 8. IDRISS APPEAL ZC 2-85 FINAL ORDER a. Community Development Director stated the Council vote was split 2-2 at the 5/6/85 public hearing and thus the Planning Commission decision to deny the application was upheld. b. Ryan O'Brien, 1134 SE 23rd Avenue, Hillsboro, presented a letter to Council requesting item be remanded back to the Planning Commission for further review. C. Legal Counsel stated the code would allow reconsideration of issue if Council wishes to remand back to Planning Commission. d. RESOLUTION NO. 85-34 A FINAL ORDER IN THE MATTER OF THE APPLICATION FOR A ZONE CHANGE REQUESTED BY DARWISH IDRISS, FILE <No. ZC 2-85, UPHOLDING THE PLANNING COMMISSION'S DECISION' AND DENYING THE APPLICANT'S APPEAL, ENTERING FINDINGS AND CONCLUSIONS. MAY 20, 1985 Page 2 -.,COUNCIL MINUTES - x e. Motion by Councilor Brian, seconded by Councilor Edin to approve. ' f. Councilor Brian stated sewer needs of neighborhood could be met by other means than this development and applicant had the burden of adequately addressing the issues before the Planning Commission and especially during the appeal hearing. g. Motion to approve Resolution No. 85-34 was approved by 4-1 majority vote of Council present. Councilor Edwards voting nay. 9. DAVIS ANNEXATION 2CA 1-85 & CPA 2-85 FINAL ORDER a. RESOLUTION NO. 85-35 A RESOLUTION FURTHERING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND DESCRIBED IN EXHIBIT "B" ATTACHED. (DAVIS 2CA 1-85) b, Motion by _Councilor Brian, seconded by Councilor Edwards to approve. Approved by 4-1 majority vote of Council present, Councilor Scott voting nay. 10. CABLE TV FRANCHISE RENEGOTIATION RESOLUTION AND COMMITTEE APPOINTMENT a. Mayor Cook indicated Councilor Scott should be appointed to serve on the Policy Committee as Tigard's representative. b. RESOLUTION NO. 85-36 A RESOLUTION OF THE TIGARD CITY COUNCIL AUTHORIZING THE APPOINTMENT OF A REPRESENTATIVE FROM THE CITY COUNCIL TO SERVE ON THE METROPOLITAN AREA COMMUNICATIONS CommISSION NEGOTIATING POLICY COMMITTEE. C. Motion by Councilor Edin, seconded by Councilor Brian to approve with Councilor Scott representing the City on the Negotiating Policy Committee. Approved by unanimous vote of Council present. 11. CODES ENFORCEMENTICIVIL INFRACTION REVISIONS a. Community Development Director submitted draft of code revisions noting reasons to cite as civil infraction rather than criminal matters. He stated this would be further discussed at the June 17th Council meeting. b. Council requested a copy of the priority listing for code enforcement issues before the 6-17 meeting. C. Councilor Scott questioned whether trying the code violations as civilinfractions would allow the City the same amount of enforcement as the current code if the defendant did not appear or respond to the citation. Legal Counsel reported that the Municipal Court Judge would still be able to issue warrants of arrestfor "failure to appear' and incarcerate the defendant on that charge. Page 3 - COUNCIL MINUTES - MAY 20, 1985 12 LID POLICY ADOPTION a, Council expressed support of the policy and noted typographical errors to be corrected b. RESOLUTION NO. 85-37 A RESOLUTION OF THE TIGARD CITY COUNCIL ADOPTING LOCAL IMPROVEMENT DISTRICT POLICY AND PROCEDURES. C. Motion by Councilor Scott, seconded by Councilor Edin: to correct typographical errors change Formation Policy 3.2.3 to read as follows: "Per State law, if remonstrancesare received totaling two thirds or more of the area in the district, Council shall decide not to proceed;" and approve the resolution. Approved by unanimous vote of Council present.' 13. CONSENT AGENDA. These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to 13.1 Approve Council Minutes - May 6 & 13, 1985 13.2 Receive and File Departmental Monthly Reports 13,3 Approve Bid Specifications - Mower and Sewer Cleaner 13.4 Receive and File Sherwood Dispatch Report 13.5 Approve SDC Rebate -- Pac Trust 13.6 Approve Resolution No. 85-30 -- Street Vacation Policy Adoption 13.7 Approve & Authorize Signatures - Administrator's Employment Agreement - Resolution No 85-31 13.8 Approve Board & Committee Appointments: Resolution No. 85-32 Economic Development Committee Appointing John Savory as Mayor's Designee Resolution No. 85-33 Neighborhood Watch Steering Committee Appointing Jill Goodhouse, Pat Sharp, Tom Blair and John Sedey 13.9 Approve Meeting Date For Joint Tigard/Beaverton Council Meeting - Wednesday, July 10, 1985. 13.10 Approve Executive Session For 6✓11/85 - 6-10 P.M. Regarding Labor Relations a. Motion by Councilor Brian, seconded by Councilor Scott to approve consent agenda except for items 13.4 to be discussed separately and item 13.5 which is to be rescheduled for June 10, 1985. Approved by unanimous vote of Council present. 14. RECEIVE AND FILE SHERWOOD DISPATCH REPORT (Agenda Item 13.4) a. Councilor Scott questioned why staff was discussing the dispatch issue with Sherwood. b. City Administrator stated Council directed staff to respond to City of Sherwoodis contact and then to followup_with a report from the Chief. =° c, Motion by Councilor Brian, seconded by Councilor Edwards to receive and file report. Approved by unanimous vote of Council present: MAY 20 1985 Page 4 - COUNCIL MINUTES - , t 15 NON-AGENDA ITEMS t 15.1 DOWNTOWN SURVEY FUNDING a. Councilor Scott expressed concern regarding the cost of the; proposed downtown survey from the Economic Development Committee. r b, Community Development Director reported the Committee will give approval on 5/21/85 for the survey and that it is a budgeted item, c. Consensus of Council was to support survey, since it supports the Council goals and is in the budget. 15.2 SUMMER CREEK EASEMENT- Tigard School District. a, Motion by Councilor Edin, seconded by Councilor Scott to approve. Approved by unanimous vote of Council present. 1�. CIVIC CENTER PROJECT - APPARENT LOW BID REVIEW, CIVIC CENTER ADVISORY COMMITTEE MEETING AND INTERIORS ARCHITECT'S REPORT a. Civic Center Advisory Committee Present: Chairperson, Valerie Johnson; Members: Carolyn Eadon, Dennis Derby S Susan Mueller. b• Mary Spies, Lee Loveland Interior Designers, presented Civic Center interiors report noting color schemes, and texture and design use. After discussion lengthy discussion the following items were approved by Council: o Purchase wood framed open plan systems instead of metal framed. O Stay with mauve/cranberry/red tones throughout City Hall. a Budget $40/chair for the Town Hall area. City Administrator to report back with further details. C. City Administrator discussed the bids received noting the apparent low bidder was within 2% of the Architect's estimate. He stated there are four financial alternatives available to Council which might be used instead of, or in conjunction with, the Deductive Alternates to keep the Budget in balance and fund a project contingency as recommended by the Committee. 1. Release $98.000 held in the Bond Debt Fund The voters authorized the City to sell a $2.2 mill-Lon bond to be repaid by the Bond Debt Fund from taxes over the next 20 years. That bond was gold and the first payment due before the taxes Yin July, 1984 could be received in November, 1984 adequate to make the bond payment. A temporary withholding of $98,000 was used to make the payment. The Committee then began its efforts with $2.1 �' million instead of the $2.2 million the voters authorized. This caused other displacements and shifts in the form of interfund r loans and General Fund costs I checked with the Budget Committee Chairman and those Council members at last year's Budget Committee meetings and they all remembered the withholding as a 'TEMPORARY action. If so, $98,000 can now be released from the Bond Debt y Page 5 — COUNCIL MINUTES — MAY 201 1985 — mac-:cs. -- Fund and madeavailable to the Civic Center Project Building Fund. Reversing adjustments can be reported at the May 22-Budget .ry Committee and made ready by staff for Council action at the June 24, 1985 Budget Adoption meeting. 2. $25,000 Bancroft Bond. The City can bond its Hall Boulevard half street improvements and make annual payments instead of a lump sum payment. 3. Parks SDC Funds can be used for landscaping costs ($20,000 sprinklers in construction budget and $5,000 materials in Related Costs), or to complete landscaping. 4. The Old Police Station can be sold ($30,000-$40,000) and the proceeds used for the project, either in Building fund or General Fund City Administrator recommended option #1 be considered at this time, with options #2 #4 being ut--i a later date if necessary. d, Councilor Scott stated if the Police Station was to be considered the realignment of Ash Avenue would need to be addressed or protected Motion by Councilor Brian, seconded by Councilor Edwards to approve option #1 for additional funding needs for the Civic Center Project and not utilize an deductive alternates. - Approved by unanimous vote of Council present. f. City Administrator stated contract negotiations are being held by City staff. 17. ADJOURNMENT: 10:21 P.M. L Deputy City Recorder — City of Tigard s ATTEST: r City of Tigard <� l�1/2791A Page 6 — COUNCIL`MINUTES MAY 20, 1985 .t ` TIMES PUBLISHINGC:O COMPANY Legal P.O.BOX 370 PHONE(503)684-0360 Notice 7-6361+ �f BEAVERTON,OREGON 97075 Leges Notice Advertising i . S © Tearsheet Notice 9 „ Oity of Tigard s PO Box 23397 O Duplicate Affidavit OF _e Tigard, OR 97223 AFFIDAVIT OF PUBLICATION STATE OF OREGON, J COUNTY OF WASHINGTON, )ss. 1, �TacqueZyn Agee being first duly sworn,depose and say that I am the Advertising Director,or his principal cleric,of the T i s ax,.d—T iM&s , a newspaper of general circulation as defined in ORS 193.010 and 193.020;published at_- Tisr ,pd --In the aforesaid county and state;that the P SU1J-0 TdQtice _ a printed copy of which is hereto annexed,was published in the entire issue of said newspaper for------I—successive and consecutive in the following issues: May 16 1985 ubsclib�ed a wcilf I efore me this M U14 Notary Public for Oregon t?+dly diffimaki Facplre8 9/20/88 AFFIDAVIT r y AGENDA ITEM VISITOR'S AGENDA DATE C- - (Limited to 2 minutes or less, please) ncil Please sign on the appropriate sheet for listed agenda items. The Couother issues not on the agenda, but time may , wishes to hear from you on -. for a future agenda. Please contact the .require. that we schedule your items City Administrator 'as_to agenda scheduling. Thank you- ITEM DESCRIPTION NAME, ADDRESS & AFFILIATION :} v MEW RMW J CITY OF TIGARD, OREGON F COUNCIL AGENDA ITEM SUMMARY AGENDA OF: MaV 20, 1985 AGENDA ITEM #: T DATE SUBMITTED: May 16, 1985 PREVIOUS ACTION: N/A ISSUE/AGENDA TITLE: Keys to the City PREPARED BY: Donna Corbet REQUESTED BY: Counc' DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY The following persons are being recognized by the City of Tigard for service to the community by organizing the Gigantic Annual Sales Spectacular. (The proceeds of same to benefit the Tigard Library.) Helen Steyaert - Chairperson Yvonne Burgess Pat Biggs Ivan Jack Martha Bishop Fred Hage ALTERNATIVES CONSIDERED SUGGESTED ACTION w _ -J y FRIENDS OF THE CITY .OF TIGARD LIBRARY1 /gS REPORT ON THE APRIL 1985 RUMMAGE SALE PLA-) GROSS RECEIPTS $ 6655 RELATED EXPENDITURES 246 NET $ 6409 Susan M. Mueller Treasurer Friends of the City of Tigard Library r ON mum rilm—a CITY-OF TIGARD, OREGON COUNCIL AGENDA ITEM SrARY AGENDA OF: t��.Tn__ 1995 AGENDA ITEM M: 5 DATE SUBMITTED: ib_ 1985- PREVIOUS ACTION Requested Market Proposal . -- -- -- ISSUE/AGENDA TITLE: clip of From Broker PREPARED BY: " Boris Hartig REQUESTED BY: City Council r i , DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE N.A. INFORMATION SUMMARY is a sales listing agreement for the old city hall Enclosed, per Council request Mr property, as prepared by Mr. Bob Muse of Coroachland Banker. answanyiquestill appear before Council to explain his"marketing app -- ALTERNATIVES CONSIDERED N.A. i 9 SUGGESTED ACTION Motion-toapprove sales listing agreement and authorize Mayor to sign on behalf of the City. Motion to reject `sales listing agreement. EXCLUSIVE SALES LISTING AGREEMENT — m May 16 _19 85 i'd,eeepea etu aaert eertvcte _ 1.inconsideration of the listing for sale of the real property hereinafter described("the Property')by COLDWELL BANKER COMMERCIAL REAL ESTATE SERVICES,INC.,a California corporation('Broker"),and Brokers agreement to use its best efforts to effect a sale of same, the undersigned ('Ownej hereby grants to Broker the exclusive right to sell the Property for a period commencing may,..16 .1986 ("the Term, 19 85 ,and ending midnight, May 31 _ nd and No/100at clo- ------- Dollars(S at a price of One Hundred Thousaloo,000.oo ) rat at close of escrows balance at 118 APR interest- upon the following terms nterestuponthefollowingterms 20 000 down a only Payments for five Years after closes full balance due five years after close of .The Property is situated in the City of Tigard Qw Oregon and is further County of Washington State ofAlso described as 12420 SW Main Street Tigard Oregon (former Tigard City hall). 9400 in the ttW 1/4 of the 27E 1/4 of Section 2 Township 2 f W M City of Ti and washin tan County,. Ore on 2.Owner agrees to pay Broker a sales commission in accordance with Brokers Schedule of Sale and Lease Commissions Schedule',a copy of which is executed by Owner,attached hereto and hereby made a part hereof.This commission hall sbe earned and paid for services rendered if,during the Term:(a)A purchaser is procured(by Broker,Owner,or anyone else)who is ready,willing and able to purchase the Property at the pace and on the terms above stated,or on any other price and terms agreeable to Owner;(b)Any contract for the sale of the Property is entered into by Owner;(c)Owner removes the Property from the market:or(d)Owner contributes or conveys the Property,or any interest therein,to a partnership,joint venture,or other business entity,or transfers an interest in an entity which has an ownership interest in the Property in lieu of a sale of the Property. a As used in this Agreement the term`sale"shall include an exchange of the Property,and also the granting of an option to purchase the Property.Owner agrees that in the event such an option is granted,Owner shall pay Broker a sales commission in accordance with the Schedule on the Price paid for the option and for any extensions thereof.This commission shall be tthe Term or hereaRer,rOwner shall also pay Browner of aker a such sales commission on on the gross salIn'he everit such an es price of the Property n accotion Is exercised.whether rrdance with the Schedule.Notwithstanding the foregoing,to the extent that all or part of the price paid iorthe option or any extension thereof is applied to the sales price of the Property,then any commission previously paid by Owner to Broker on account of such option payments shall be credited against the commission payable to Broker on account of the exercise of the option. 4.Own or further agrees that Owner shall pay Broker the aforementioned commission if, ywithin 90 days after the expiration otiations commence of the Term.the property is sold to,or Owner enters into a contra ct on or ele onilt towt Property Bo�ks�has sair ubmit ed the Property and thereafter continue eadingtothe sale ofthe Propenyto,any pe, Y ' prior to the expiration of the Term in an effort to effect a Sale of the Property.Broker agrees to submit a list of such persons or entities to Owner no later than 15 days following the expiration of the Term,provided,however,if Broker has submitted a written offer then it shall not be necessary to include the offeroes name on the list. S.OWNER FURTHER AGREES THAT IN THE EVENT A LEASE OF THE PROPERTY IS ENTERED INTO DURING THE TERM,OR DURING THE PERIOD SET FORTH IN SECTION 4 ABOVE WITH A PERSON OR ENTITY AS DESCRIBED THEREIN,OWNER SHALL PAY BROKER A LEASING COMMISSION iN ACCORDANCE WITH THE SCHEDULE. &Unless otherwise provided herein,the terms of safe shall be,althe option of the purchaser,,either cash or cash to any existing loan.Unless otherwise mutually agreed between Owner and the purchaser,the time limit for closing shall not exceed 90 days,and any offer may contain normal and customary contingencies such as purchasers approval within 10 days of receipt thereof of title report,soils test and existing leases. 7.It is understood that it is illegal for either Owner or Broker to refuse to display or sail the Property to any person because of race,color,religion.national origin,sex,marital status or physical disability. &Owner agrees to cooperate with Broker in bringing about a sale of the Property and to immediately refer to Broker all inquiries of anyone interested in the Property.All negotiations are to be through Broker.Broker is authorized to acce,Pt a deposit from any prospective purchaser.Broker is further authorized to advertise the Property and to place a`For Sale sign or signs on the Property if,in Brokers opinion,such would facilitate the sale of the Property. 9.Owner agrees to hold Broker harmless from all claims,disputes,litigation or judgments arising from any incorrect information supplied by Owner,or from any material fact known by Owner concerning the Property which Owner fails to disclose.Owner represents that it is the owner of the Property. 10.This Agreement constitutes the entire agreement between Owner and Broker and supersedes all prior discussions, negotiations and agreements,whether oral or written.No amendment,alteration or withdrawal of this Agreement shalt be valid or binding unless made in writing and signed by both Owner and Broker.This Agreement shall be binding upon the heirs,successors and assignees of the parties. The undersigned Owner hereby acknowledges receipt of a copy of this Agreement and the Schedule. City of Tigard Oregon le the ewnL Owur lUN ettf property rith Owner tooter erotr is r agrees tIONhat or the are of irate Lbatlep D.rr yreee test all pr-ee/ wtltles.u per the retUVeLiee lift e-t Veee eeeore,cell N uprealy eeelWed to the rtttee By: •� U stle{O,ner ifree to WASS44-t iroeer. 'City Council By: Accepted: COLDWELL BANKER COMMERCIAL REAL ESTATE Title: SERVICES,INC.—Broker Address: 12755 SW Ash street PO Box 23397 By: A. Robert Muse Telephone: Contacts: (639-4171). Finance A in C.1j5820.,jar.9841(CAES!(OREGON) Doris..HartitJ (639-.417 Tom Brian (639-1182) A Of TM[1[Y{iN1M[IK NETMMR SCHEDULE OF SALE AND LEASE COMMISSIONS C(MOiEPC1K IIE4EYT11TE EEMIQS FOR PROPERTY AT 12420 SW Main Street, Tigard, Oregon A.SALES: As to sales of improved real property.Broker's commission shall be 6%of the first$500,000.00of the gross sales price, plus 5% of the gross sales price in excess thereof.As to sales of unimproved real property, Broker's commission shall be 10%of the gross sales price.This commission shall be paid at the close of escrow through escrow,or if there is no escrow.then upon recordation of the deed;provided,however,if the transaction involves an installment sales contract,then payment shall be made upon execution of such contract.In the event Owner contributes or conveys the property or any interest therein to a joint venture,partnership,or other business entity,or an interest in an entity which has an ownership interest in the property is transferred in lieu of a sale of the property,the commission shall be calculated on the value of the property.less the value of the interest in the property or entity retained by or transferred to Owner,as the case may be.and shall be paid at the time of the contribution or transfer. B.LEASES OR SUBLEASES: Commissions shall be earned and payable on execution of a lease by Owner and a tenant,in accordance with the following rates: INDUSTRIAL PROPERTY NET LEASES GROSS LEASES (Where landlord pays all or base year (Where tenant pays all real estate taxes) portion of real estate taxes) 6%of the total base rental for the first year,plus 7%of the total base rental for the first year,plus 5%of the total base rental for the second year,plus 6%of the total base rental for the second year,plus 4%of the total base rental for the third year,plus 5%of the total base rental for the third year,plus 3%of the total base rental for the fourth year,plus 4%of the total base rental for the fourth year,plus 2%of the total base rental for the remainder of 3%of the total base rental for the remainder of the term. the term. GROSS LEASES OTHER PROPERTY NET LEASES (Where landlord pays all or base year (Where tenant pays all real estate taxes) Portion of real estate taxes) 5%of the total base rental for the first 5 years,plus 6%of the total base rental for the first 5 years,plus 3%%of the total base rental for the remainder of 4%:%of the total base rental for the remainder of the termthe term. The above rates are subject to the following provisions: 1.Term of More Than 25 Years: If a lease term is in excess of 25 years then the commission shall be calculated only upon the base rental to be paid for the first 25 years of the lease term. 2.Month to Month Tenancy: The commission shall be 50%of the first month's base rental. 3.Option to Extend Lease or Occupy Additional Space: Should a lease term be extended or a tenant occupy additional space by virtue of an option or other provision in its lease,or through subsequent modification of such provisions,then Owner shall pay a leasing commission in accordance with the provisions Of this Schedule on the additional base rental to be paid. calculated at the commission rate applicable hereunder to the years of the tease in which the additional base rental is payable.Said commission shall be earned and payable at the time the extended term com- mences or the additional space is occupied. 4.Purchase of Property by Tenant: Should a tenant,its successors or assignees,or any agent,officer,employee or shareholder of a tenant pur- chase the property pursuant to an option,right of first refusal,or other provision in the tenant's lease,or through subsequent modification of such provisions during (a)the term of the lease,(b)any extension thereof.or (c)within ninety days after the expiration thereof,than a sales commission shall be calculated and paid in accordance with the provisions of Section A above;provided however,that there shall be a credit against such sales commission in the amount of lease commissions previously paid to Broker relating to that portion of the purchaser's lease term which is cancelled by reason of such sale.In no event shall such credit exceed the amount of such sales commission. 5.Percentage Rent: As to any lease which contains a percentage rent clause,Owner shall pay a commission on the percentage rent payable by the tenant at the commission rate applicable to the period of the lease term for which the percentage rent is Gayable.This commission shall be payable within fifteen days after the tenants final payment and accounting of percentage rent for the preceding lease year.Notwithstanding the foregoing,at the end of the third full lease year Owner shall pay a commission on percentage rent for the remainder of the original term of the lease. For the purpose of calculating this commission,the percentage rent for each remaining year of the term of the lease shall be deemed to ba the same amount as the percentage rent payable for the third full lease year. The provisions hereof are subject to the terms and provisions of any Exclusive Sales Listing Agreement, Exclusive Leasing Listing Agreement,Exclusive Subleasing Listing Agreement or other agreement to which this Schedule may be attached and which is executed by the parties hereto. In the event Owner fails to make payments within the time limits set forth herein,then from the date due until paid the delinquent amount shall bear interest at the maximum rate permitted in the state in which the office of Broker executing this Schedule is located. If Broker is required to institute legal action against Owner relating to this Schedule or any agreement of which it is a part, Broker shall be entitled to reasonable attorneys'fees and costs. Owner hereby acknowledges receipt of a copy of this Schedule and agrees that it shall be binding upon its heirs,successors and assignees.The term"Owner"as used herein shall be deemed to include the owner of property,a tenant under a ground lease and a tenant of property wishing to effect a sublease.lease assignment, or lease cancellation.The term"tenant"as used herein shall be deemed to include any subtenant or assignee of a tenant,and the term"lease"shall be deemed to include a sublease or lease assignment. APPROVED this day of .1`�� Cit of Ti and Ore on COLDWELL BANKER COMMERCIAL ner REAL ESTATE SERVICES,INC—Broker By, TM_ Cit tb oil ti By By: J Robert Muse -- CITY OF TIGARD, OREGON i` COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 20, 1985 AGENDA ITEM DATE SUBMITTED• May 16 1985 PREVIOUS ACTION: Planning Commission ISSUE/AGENDA TITLE: CPA A-85 and Hearin 10/85 Cit Council 5/6/85 ZC 4-85 - Krueger PREPARED BY: William A. Monahan REQUESTED BY: DEPARTMENT HEAD OK �nL_ _,-- CITY ADMINISTRATOR: POLICY ISSUE � INFORMATION SUMMARY The Council approved a Comprehensive Plan and Zone Change for Marge Krueger, relocating a C-N designation. Following public testimony, the Council voted to return the C-N designation to the site designated by Council actions in 1983, following annexation to the City. The Council also voted to allow a waiver for a future Comprehensive Plan change application, which will take place in October, following the delineation of the alignment of the Murray Blvd. extension as it goes through the Krueger property. ALTERNATIVES CONSIDERED 1. Adopt the attached Ordinance as written. 2. Adopt the attached Ordinance with modifications. SUGGESTED ACTION The Council should by motion, adopt the attached Ordinance. �•- (WAM:br/1373P) CITY OF TIGARD, OREGON (^ COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May _20, 1985 AGENDA ITEM # DATE SUBMITTED: May 15- 1985 PREVIOUS ACTION: Denied by Planning ISSUE/AGENDA TITLE: ZC 2-85, Final Commission 4!2/85, Upheld by CC 5/6/85_ Order — Idriss Appeal _ PREPARED BY: William A. Monahan REQUESTED BY: DEPARTMENT HEAD OK, 1� CITY ADMINISTRATOR POLICY ISSUE The Council upheld the Planning Commission denial of ZC 2-85. A final order is needed. ~INFORMATION SUMMARY The Council upheld the Planning Commission decision to deny ZC 2-85. A Final Order incorporating the Council's decision and findings on this issue is attached for your review and adoption. The Final Order should be reviewed to determine if it properly reflects the Council's findings and conclusions in this matter. —� ALTERNATIVES CONSIDERED 1. Adopt the Final Order attached as written. 2. Adopt the Final Order attached with modifications. SUGGESTED ACTION The Council by motion should adopt the proposed Resolution after examining it to determine if the Final Order properly reflects the Council's reasons for denial. (1371P) RYAN O'BRIEN Planning Consultant 1134 S.E. 23rd Ave. Hillsboro,Oregon 97123 • (503) 648-4061 To: Tigard City Council From: Ryan O' Brien Subject: Zc-z-85, Mo Idriss Date: May 20, 198 0n behalf of my client Mo Idriss, we are requesting City Council re- consideration of thedenialof the Zone Change from R-7 to R-12 for 3.7 acres of property on the east side of Hall Boulavard, 300 feet south of Ross Street. We request that the City Council refer this case back to the Planning. Commission for further review before taking '^~ final action tonig"n::.. The seasons for this request are as follows: 1 . Since the last City Council Meeting we have contacted some of the ( property owners in the area and have found a strong desire to provide sanitary sewer service in the area. 2. It was probably our fault that we did not contact these property owners before this application was submitted to the City to find out what their feelings and desires were about development in the area. We have found that it would be very beneficial for both these property owners and the City to refer this case back to the Planning Commission so that these other property owners can express their needs. 3. These property owners would like this case to go back to the Planning Commission so they can express their opinions on what type of development should occur in the area. 4. At this time we and these other property owners do not know if multiple `'amily would be the best development alternative in the area, but at least they feel that it should be thoroughly discussed by the Planning Commission. When this case went before the Planning Commission a couple of months ago, we don' t feel it recieved sufficient discussion. All the necessary information was not available and the proper input from the adjoining property owners did. rot occur. We would also like a second opportunity to work with the NPO' s.. 5. Further discussion on the improvement of Ross Street and Hall Boulavard is necessary. 6. This forum at the Planning Commission level would provide the opportunity for the surrounding property owners to develop a coordinated development, plan ' for the area. There is a significant amount of vacant land in the area, and it is important for the Planning Commission to explore all ,development alternatives. CITY OF TIGARD, OREGON_ COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 20, 1985 AGENDA ITEM #: Gone Rawt-1114— DATE SUBMITTED: Mav 10 1985 PREVIOUS ACTION: CC Voted 4-0 an 5-6 to ISSUE/AGENDA TITLE: Davis forward the request to the Boundary Comm Annexation PREPARED BY: Elizabeth Newton i REQUESTED BY: Council DEPARTMENT HEAD OK: l�gl� CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY On May 6, 1985, on a 4-0 vote, the City Council voted to forward the Davis ` annexation consisting of 28,44 acres to the Portland Metropolitan Area Local Government Boundary Commission. At that meeting, the Council directed Staff to prepare a resolution to include all 28.44 acres in the annexation proposal. A copy of the resolution is attached for your review. ALTERNATIVES CONSIDERED SUGGESTED ACTION Motion to approve the resolutions to forward the annexation request to the w. Portland Metropolitan Boundary Commission and assign land use designations to the parcels. (EAN:bs/1145P) CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY (� AGENDA OF. x_20, 1985 AGENDA ITEM 0: DATE SUBMITTED: May 15, 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: CABLE TV FRANCHISE RENEGOTIATION PREPARED BY: 808 JEAN REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE The laws have changed significantly since the CATV franchise was first negotiated. Litigation is expensive and may not be the best way to resolve our current impasse with Storer. The MACC Board has unanimously recommended renegotiation and asked each member jurisdiction to appoint an elected official to theMACCNegotiating Policy Committee. We can litigate or negotiate INFORMATION SUMMARY Previously provided. Mayor Cools has indicated that he will recommend a Council member on Monday, May 20, for the MACC Committee. ALTERNATIVES CONSIDERED i 1. Authorize renegotiation 2. Litigate or encourage collective MACC litigation. 3. Seek renegotiation independently with Storer. SUGGESTED ACTION 1. Pass attached Resolution authorizing renegotiation and approve Mayor's y appointment to the Committee. F: s�u CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF May 20, 1985 AGENDA ITEM fit. DATE SUBMITTED: May 15, 1985 PREVIOUS ACTION: NONE ISSUE/AGENDA TITLE: Code Revising Code Enforcement PREPARED BY: William Monahan REQUESTED BY: DEPARTMENT HEAD OK: - CITY ADMINISTRATOR POLICY ISSUE Should the City revise its codes enforcement procedures to better equip the Building Division and codes enforcement personnel to enforce the Municipal Codes. INFORMATION SUMMARY Attorney Adrianne Brockman has prepared a code revision which will allow the codes . enforcement_ personnel to serve notice on violators to compel action. The revision will allow for greater efficiency. ALTERNATIVES CONSIDERED 1. Direct staff to prepare an ordinance which incorporates the civil infraction ordinance into the TMC. 2. Take no action. SUGGESTED ACTION By motion direct staff to prepare an ordinance which incorpora';es the civil infraction ordinance into the Tigard Municipal Code. (WAM:bs/1370P) 31 L _ MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council May 15, 1985 FROM: William A. Monahan, Director of Community Development SUBJECT: Civil Infractions Ordinance Attorney Adrianne Brockman has worked out a proposed revision to the Tigard Municipal Code which will allow us to better handle codes enforcement issues. Adrianne's proposed ordinance will change code violations from criminal violations to civil infractions. By doing this, we will be better able to cite 'violators, particularly property owners who reside outside of Tigard, since the service of process requirements are much more liberal. The proposed ordinance will eliminate the need for personal delivery of citations. Instead, we will be able to mail citations or deliver a citation to a place of business leaving the citation with the person who is apparently in charge. These changes will allow us to more efficiently administer all non—criminal infractions: The ordinance also contains a separate section relating to the abatement of building nuisances as well as a section providing for a penalty for failure to pay a business tax. Should the City Council feel that this ordinance is in the best interests of the City, the staff will prepare the necessary ordinance for adoption in June. (WAM:bs/1370P) s-16019s CIVIL INFRACTIONS ORDINANCE Section 1: Title Section 2: Establishment & Purpose A. Purpose x Section 3: Culpability; Nonexclusive Remedy Section 4: Definitions Section 5 Infraction Procedures A. Reporting B. Review of Facts; Sufficiency of Evidence C. Notice of Violation a Prerequisite to Issuance of Complaint 1. Validity of Notice of Violation 2. Class 1 Infraction 3. Class 2 and 3 Infraction 4. Time to Remedy Violation after Notice of Violation S. Notice of Violation 6 Information 'Required for Notice of Violation 7. Failure to Respond to Notice of Violation 8. Voluntary Compliance Agreement 'a. Effect of Agreement b. Failure to Comply with Agreement D. Issuance of Uniform Infraction Summons and Complaint 1. Timing of Service 2. Form of Summons and Complaint 3. Service; Service by Mail and Failure to Receive Notice; Default E. Answer by Responsible Party 1. Answer Required 2 Admission 3. Denial F. Hearing Procedures 1. Jury 2. Representation by Counsel 3 Opportunity To Be Heard; Cross-Examination 4. witnesses S. The Hearing--Admissible Evidence 6. Burden of Proof 7. The Decision 8. Forfeiture and Assessment of Fees 9. The Record 10. Finality of Decision; Appeal Section 6: Enforcement - Section 7: Forfeiture A. Continuous Infraction B. Time Payment Due C. Classification of Forfeitures D. Assessment of Forfeitures E. Delinquent Forfeitures Section -8: Lien Filing and Docketing Section 9: Code Enforcement Officers Authorized to Promulgate Rules Section " 10: Reference to State Law Section 11: Effect of this Ordinance i -- - a CIVIL INFRACTIONS ORDINANCE Section 1: Title. This ordinance shall be known as the "Civil Infractions ordinance" and may also be referred to herein as "this chapter ' Section 2: Establishment"and Purpose A. Purpose 1. The purpose of this 'chapter is to establish civil procedures for the enforcement of certain provisions of the Tigard Municipal Code. 2. These civil infraction procedures have been established for the purpose of decriminalizing penalties for infractions of certain civil ordinances and for the purpose of providing a convenient and practical forum for the civil hearing and .determi ` nation of cases arising out of said violations. 3. These procedures are being adopted pursuant to the home rule powers granted the City of Tigard by Article IV, Section 1, and Article XI, Section 2, of the Oregon Constitution. Section 3: Culpability; Nonexclusive Remedy A. Acts or omissions to act which are processed pursuant to the provisions of this chapter or are designated an infraction by any City ordinance do not require a culpable mental state as an element of this infraction. B. The procedure prescribed by this chapter shall be the exclusive procedure for imposing a forfeiture; however, this section shall not be read to prohibit in any way any alternative remedies set out in the Tigard Municipal Code which are intended to abate or alleviate Code violations, nor shall the City be prohibited from 2 recovering, in a manner prescribed by law, any expense incurred by j ` it in abating or removing ordinance violations pursuant to any Code provision. Section 4 Definitions A. For the purpose of Sections 1 through 11 of this chapter, the following terms shall mean: 1. Civil Infraction. The Commission of an act or omission to act in a manner prescribed by this chapter or Code constituting` a breach, violation or infringement of a section of the City ,Code or this chapter constitutes a" civil infraction. 2. Code enforcement officer. The designee or designees appointed by the Director of Community Development. 3. Forfeiture; forfeiture schedule. The only penalty to } be imposed for an infraction is a monetary penalty_called a forfeiture. 4. Notice of violation. Any prior contact between the Code enforcement officer and the responsible party- regarding the t alleged infraction, including but not limited to a phone call, personal oral communication at any location, letter or other form of written communication, or a prior citation issued for the same or similar infraction which gives the responsible party notice of the alleged violation, 5. Responsible party. The person responsible for curing or remedying an infraction, which includes: a. The owner. of the property or the owner's manager or agent or other person in control of the property on behalf of the owner; yr z 3 b. The person occupying the property including bailee, lessee, tenant or other person having possession; C. The person who is alleged to have committed or authorized the commission of the infraction. 6. Voluntary Compliance Agreement. A written agreement between the code enforcement officer and the responsible party which is intended to resolve the problem which gives rise to the complaint. Section 5 Infraction, Procedures A. Reporting. All reports or complaints of infractions covered by thin chapter shall be made to the code enforcement officer. B Review of Facts; Sufficiency of 'Evidence 1.; When an infraction is reported to the code enforcement officer, the code enforcement officer shall prepare a statement of the facts and shall review the facts and circumstances surrounding the alleged infraction against the Code provisions which apply to the alleged violation. 2. The code enforcement officer shall not proceed further with the matter upon a determination that sufficient evidence does not exist to support the allegation that an infraction has occurred or that it is not in the best interest of the City. C. Notice of Violation A Prerequisite to Issuance of Complaint 1. Validity of Notice of Violation a. In order to be effective, any notice of the violation must be made within 120 days preceding the issuance of the uniform infraction citation. w` b. Notice of the violation shall be deemed to have occurred if the alleged infraction is related to regulated =miff ]MEN ff y 4 activity for which the City has issued any permit, license, w4' agreement, or written directive required by law or policy of the City in conjunction with the regulated activity. No time limit shall apply and no subsequent notice shall be required. 2. Class 1 Infraction. Notice of the violation may be made with the responsible party before a uniform infraction summons and complaint is issued for a Class 1 infraction. It is not a pre- requisite to the issuance of the summons and complaint, and is at the sole discretion of the code enforcement officer. 3. Class 2 and 3 Infraction. Notice of the violation shall be made with the responsible party before a uniform infraction summons and complaint is issued for a Class 2 or Class 3 infraction. 4. Time to Remedy Violation after Notice of Violation. C"" The code enforcement officer shall give the responsible party a reasonable time to cure or remedy the alleged infraction after the notice is given. The time allowed shall not be less than seven days nor more than 30 days, except where there is a finding of a danger to the public health, safety or welfare, in which case immediate compliance may be ordered. Where there is no danger, to the public and there is an extreme hardship, additional time may be granted. Any alleged extreme hardship shall be documented by the responsible party and shall be made a part of the record. S. Notice of Violation. a. Methods of . giving notice w (l) Notice of the violation may be given in person by the code enforcement officer to the responsible party. The responsible party'shall be• given a Notice of r Violation;_,. : - - 4-6 y a 3 4 £ 5 f (2) - Notice of the violation may be made by a l telephone call to the responsible person. The responsible party shall be given a Notice of Violation by first class mail; or (3) Notice of the violation constituting a prior contact may be made by mailing the Notice of Violation by registered or certified mail, return receipt requested. b. Computation of Time Period. (1) Where the Notice of Violation is delivered in person, the time period shall begin to run immediately (2) Where the Notice of Violation is mailed to the responsible party, for purposes of computing any time period prescribed by this chapter, notice shall be complete three days after such mailing, if the address to which it is mailed is within the state, and seven days after mailing if the address to which it is mailed is outside the state. 6. Information Required for Notice of Violation. The following information shall be communicated to the responsible party in the Notice of Violation: a. A description or identification of the activity constituting the alleged infraction and identification of the recipient as being the responsible party for the infraction; b. A statement that the code enforcement officer has determined the activity to be an infraction; c. A statement of the action required to remedy or cure the infraction and the time and/or date by which the remedy must be completed, unless the responsible party enters into a `Voluntary Compliance Agreement; and 6 r d. A statement advising that, if the required l abatement is not completed within the time specified, or the responsible party has not entered into_ a Voluntary Compliance Agreement, a uniform infraction summons and complaint will issueandthat a forfeiture in the maximum amount provided by the Code for that particular_infraction could be imposed 7. Failure to Respond to Notice of Violation. When a responsible party either receives or rejects the Notice of Violation and fails to cure the violation within the time specified in the Notice of the Violation, the code enforcement officer may serve the responsible party with a summons and complaint. 8. Voluntary Compliance Agreement. a. Effect of Agreement (1) The code enforcement officer may enter into a written voluntary compliance agreement with the responsible party. The agreement shall include time limits for compliance and shall be binding on the responsible party. (2) The fact that a person alleged to have committed a civil infraction enters into such an agreement shall not be considered an admission of having committed an infraction for any purpose. (3) The City shall hold further processing of the alleged violation in abeyance during the time allowed in thevoluntarycompliance agreement for the completion of the necessary corrective action. The City shall take no further action concerning the alleged violation if all terms of the voluntary compliance agreement are satisfied, other than those steps necessary to terminate the matter. M in MOWN= 7 b. Failure to Comply with Agreement. The failure to comply with any term of the voluntary compliance agreement constitutes a separate Class 1' Civil Infraction and shall be handled in accordance with the procedures established by this chapter, except no prior contact after the voluntary compliance agreement has been , signed need be made before the uniform infraction summons, is issued. The City may also proceed with processing the alleged infraction giving rise to the voluntary compliance agreement. D. Issuance of Uniform Infraction Summons and Complaint 1. Timing of Service. A uniform infraction summons and complaint signed by the code enforcement officer or any citizen may be filed with the municipal court charging the responsible party with the civil infraction and setting a date for the responsible party to appear before the municipal court to answer the complaint under the following circumstances: a. The summons and complaint may served immediately upon discovery of the violation if it is a Class 1 infraction. b. Where a Notice of Violation is given or is required, the summons and complaint may be served on a responsible party who received notice or rejected notice when the time given in the Notice of Violation has expired. a. Where a Voluntary Compliance Agreement has been executed, the 'time for compliance has lapsed and the infraction has not been cured. 2. Form of Summons and Complaint a. The code enforcement officer shall. prescribe the form of the uniform infraction summons and complaint, but _ ._. MIN- 8 8 it shall consist of at least three pages. Additional pages may be inserted for administrative purposes by those charged with the enforcement of the ordinances. The required pages are: (1) The complaint; (2) The City department record; and (3) The summons. b. Each of the three pages shall contain the following information: (1) The name of the court and the court' s file number; (2) The name of the person cited; (3) The infraction with which the person is charged; Cu;- (4) (4) The date, time and place the infraction occurred or, if the infraction is of a continuing nature, the date, time and place the infraction was observed by the code enforcement officer or the citizen signing the complaint; (S) The date on which the complaint was issued; (6) The scheduled forfeiture for the alleged infraction; (7) The time and place at which person cited is to appear in court to answer the complaint; c. A form of verification that the person signing the complaint swears that the person has reasonable grounds to believe, and does so believe, that the person cited committed the infraction; and LEA E 9 d. Notice to the person cited that a civil complaint will be filed in the municipal court of the City. 3. Service; Service by Mail and Failure to Receive Notice; Default_ a. Service on individuals may be made by the code 4 enforcement officer or any authorized agent of the City by any of the following means: (1) Service may be made by mailing the summons and complaint by restricted or unrestricted certified or registered mail, return receipt requested. For purposes of computing any time period prescribed by this chapter, service by mail shall be complete three days after such mailing if the address to which it was mailed is within the state., and seven days after mailing if the address to which it is mailed ' is outside the state. (2) Service may be made by delivering the summons and complaint directly. to the person to be served. (3). Substituted service may be made by delivering a copy of the summons and complaint at the dwelling house or usual place of abode of the person to be served, to any person over 14 years of age residing in the dwelling house or usual place of abode of the person to be- served. Where substituted service is used, the code enforcement officer, as soon as reasonably possible, shall cause to be mailed a true copy of the .summons and complaint to the responsible party at the responsible party's dwelling house or ,usual place of abode, together with a statement of the date, time, and place at which substituted service was made. For the purpose of computing 1p any period of time prescribed or allowed by this chapter, s substituted service shall be complete upon mailing: (4) If the person to be served maintains an office for the conduct of 'business, office service may be made by leaving a true copy of the summons and complaint at such office during normal working hours with the person who is apparently in charge. Where office service is used, the code enforcement officer, as soon as reasonably possible, shall cause to be mailed a true copy of the summons and complaint to the responsible party at the responsible party' s dwelling house or usual place of abode or the responsible party's place of business ;or such other place under the circumstances that is most reasonably calculated to apprise the responsible party of the existence and pendency of the action, together with a statement of the date, time, and place at which office service was made. For the purpose of computing any period of time prescribed or allowed by this chapter, office service shall be complete upon such mailing. b. Service on particular responsible parties; minors, incapacitated persons, corporations, limited partnerships, the State, other public bodies, general partnerships and unincorpora- tions, shall be on the persons named in the Oregon Rules of Civil Procedure. C. No default shall be entered against any responsible party served by mail under this subsection who has not either .{ received or rejected the registered or certified letter containing - , a -copy of the summons and complaint unless authorized by the judge. kf d! 11 x E. Answer by Responsible Party 1. Answer Required. A person who receives a summons and complaint alleging an infraction shall answer the complaint by personally appearing to answer at the time and place specified therein; except an answer may be made by mail or personal delivery if received by the City within ten days of the date of the receipt of the summons and complaint as provided in subsections 2 and 3 below. 2 Admission a. If the person alleged to have committed an infraction admits the infraction, the person may complete the appropriate answer on the back of each summons and forward the summons to the municipal court. Cash, check or money order in the amount of the forfeiture for the infraction alleged, as shown on the face of the summons, shall be submitted with the answer. Upon receipt of the forfeiture; an appropriate order shall be entered in the municipal court records. b. A person who admits to the infraction shall have ten days from the date the order is entered in the municipal court records to cure or remedy the situation, except in situations where the code enforcement officer determines there is a danger to the public, in which case a lesser amount of time may be specified. 3. Denial a. If the person alleged to have committed the infraction denies part or all of the infraction, the person may -request a hearing by completing the appropriate answer on the back of the summons and forwarding the summons, together with security court fees to the Municipal Court Clerk. Upon receipt, the answer shall be entered and a hearing date established by the municipal ` c�°L �r _,:.... .-';�f .�ii..4S. ^T'TM1`i^wm•nnryem a+'me.+'�?!Taw.eTaYwn.a:�•v+.......—... x._... .... _ MMM 12 t court. The municipal court shall notify the person alleged to have committed the infraction, by return mail, of the date of the hearing. The "security received shall be returned upon appearance for the hearing by the person alleged to have committed the infraction, except as otherwise provided in this ordinance a b. The security deposit may be waived in whole or in part at the discretion of the municipal court for good cause shown and upon written application of the person alleged to have commited the infraction setting forth the reason for requesting the _waiver and certifying that the person alleged to have committed the infraction will attend the hearing when scheduled. F. Hearing Procedures - 1. _Jury. Every hearing to determine whether an infraction ' has been committed shall be held before the municipal court without a jury. 2. Re2resentation by counsel. The defendant may be _ represented by, legal counsel; however, legal counsel shall not be provided at public expense. if legal counsel is to appear, written notice shall be provided to the municipal court no later than five days prior to the hearing date. 3, Opportunity To Be Heard; Gross-Examination. The defendant shall have the right to present evidence and witnesses in the defendant's favor, to cross-examine witnesses who testify against the defendant, and to submit rebuttal evidence.' x 4 Witnesses a. The defendant alleged to have committed the appear at quest in writing the hearing. The defendant shall make such a re z 13 to the court at-the- time the answer is returned, or subsequently F by mail at any time at least five days prior to the scheduled hearing. A deposit for each witness shall accompany the request, such deposit to be refunded if no forfeiture is assessed by the final order. The deposit shall be in the amount equal to. the witness fee allowed by statute for witnesses in circuit court. b. Subject to the same five-day limitation, the code enforcement officer, the citizen who signed the complaint or the city attorney, as appropriate, may also request in writing that the court order certain witnesses to appear by ,subpoena. If a forfeiture is declared in the final order, the order shall also provide that the defendant shall pay any witness fees payable in connection with the ,hearing. 5. The Hearing---Admissible Evidence a. Relevant Evidence. The hearing shall be limited to production of evidence only on the infraction alleged in the complaint. b. Oral Evidence. Oral evidence shall be taken only on oath or affirmation. C. Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless .it would be admissible over objection in civil actions in courts of competent, jurisdiction in this state.. d. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely .in the conduct of serious affairs,; k regardless of theexistenceof any common law or statutory.rule 14 f which might make improper the admission of such evidence over k objection in civil actions in courts of, competent jurisdiction in this state. e. Exclusion of Evidence. Irrelevant and unduly r repetitious evidence shall be excluded, 6. Burden of Proof. The complainant or, if the City is the complainant, the code enforcement officer shall have the burden of proving the alleged ordinance infraction by a preponderance of the evidence. 7. The Decision The court shall determine whether the infraction as alleged in the complaint was committed, after due consideration of the evidence and arguments presented at the hearing. When the infraction has not been proven, a court order dismissing the complaint shall be entered in the municipal court records. A copy of the order shall be delivered, personally or by mail, to the person named in the order. When the court finds that the infraction was committed, and upon written request by a party to the hearing, the order shall include a brief statement of the necessary findings of fact to establish the infraction alleged. 8. Forfeiture and Assessment of Fees. Upon a finding that an infraction has occurred, the court shall assess a x ` forfeiture pursant to Section 7 of this chapter, plus court costs and witness fees. The municipal court judge is authorized to set reasonable court costs, including security for court fees, by court order. . . 9. The Record. The court shall maintain a record of its proceedings. A mechanical recording of the hearing accompanied by any written documents, correspondence or physical evidence associated 15 with the matter shall be sufficient to meet the requirements of this subsection. 10. Finality of Decision; Appeal. The determination of the municipal court shall be final Review of the court's determination shall be to the circuit court by writ of review pursuant to ORS Chapter 39. Section 6: Enforcement A. Subject to the limitations set forth in Section 5 (D) (3) (c) , a default judgment shall be entered for the scheduled forfeiture applicable to the charged infraction if a cited person fails to answer the summons or .fails to appear at a scheduled hearing.; In addition, when a person fails to appear for a hearing, the security posted, or an amount equal to the security waived, shall be ordered forfeited. B. Nothing in this subsection shall be construed to limit in any way the contempt powers of the municipal judge granted by the Charter or state law, and the judge may exercise those powers as the judge considers necessary and advisable in conjunction with any matter arising under the procedures set forth in this chapter. Section 7: Forfeiture A. Continuous Infraction. When an infraction is of a continuous nature, unless otherwise specifically provided a separate infraction shall be deemed to occur on each calendar day the infraction continues to exist. B. Time Payment Due. Any forfeiture assessed shall be paid no later than ten days after the final order declaring the forfeiture is deposited in the mail. Such period may be extended upon order of the municipal judge. 16 C. Classification of Forfeitures For the purpose of determining forfeitures, infractions are classified in the following categories: 1. Class 1 infractions. ' 2. Class 2 infractions. 3. Class 3, infractions. D. Assessment of Forfeiture. The forfeiture to be assessed for- a specific infraction shall be as follows: 1. Pursuant to specific provisions under this Code setting ,forth 'the assessment; or . 2. Pursuant to the following forfeiture schedule where the Code does not provide for a specific forfeiture: a. Class l infraction; an amount not exceeding $250.00, b. Class 2 infraction, an amount not exceeding $150.00; c. Class 3 infraction, an amount not exceeding $50.00. E. Delinquent Forfeitures. Delinquent forfeitures and those brought to default judgment which were assessed for infractions may,. in addition to any other method, be collected or enforced pursuant to CRS 30.310 or ORS 30.315. Section 86. Lien Filing and Docketing A. When a judgment is given in municipal court in favor of the City for the sum of $10.00 or more, exclusive of.costs and disbursements, the code enforcement officer may, at any time .hereafter while the judgment is enforceable, file with the City' s f .: Finance Director a certified transcript of all those entries made w_> 17 in the docket of the municipal court with respect to the action in which the judgment was entered. B. Thereupon, the Finance Director shall enter the judgment of the municipal court on the City's lien docket. C. From the time of entry of the municpal courtjudgmenton the City's lien docket, the judgment shall be 'a lien upon the real property of the person against whom judgment was entered in the municipal court. Except as provided in subsection D, entry of the municipal court judgment in the City's lien docket shall not thereby extend the lien of the judgment more than ten years from the original entry of the judgment in the municipal court. D. Whenever a judgment of the municipal court which has been entered pursuant to this section is renewed by the municipal f court, the Tien established by subsection C of this section is automatically extended ten years from the date of the renewal order. E. The Finance Director may file the transcript of the judgment with the county clerk for entry in the judgment docket of the circuit court. Section 9: Code Enforcement Officer Authorized To ]Promulgate Rules. The code enforcement officer is authorized to promulgate any rules, procedures or guidelines the code enforcement officer considers advisable to enforce this chapter; however, final approval of any rules, procedures or guidelines shall be approved by the City Council by ordinance. Section 113:' Reference to State Law. Any reference to a f state statute incorporates the statute in effect on (effective date of ordinance) into this ordinance by. reference. 18 y, - Section 11: Effect Of This Ordinance. A. Citations or complaints issued and filed with the court prior to the effective date of this ordinance shall be processed in: accordance with the provisions in effect at the time the complaint was issued. B. Nothing in this ordinance shall be construed as - a waiver of any prior assessment, bail or fine ordered by the court. Kim im NO M-d ADD TO TITLE 14 BUILDINGS AND CONSTRUCTION ABATEMENT OF BUILDING NUISANCES Section 1: Short Title. This chapter shall be known and may 'be cited as the "Building Nuisance Abatement Ordinance. Section 2: Definitions. For purposes of this chapter, the following mean;` 1. Building official: The city' employee designated to enforce the Building Code. 2. Dan ecerrous building: a. A structure that, for the want of proper 'repairs or by reason of age and dilapidated condition, by reason of poorly installed electrical wiring or equipment, defective chimney, defective gas connection, "defective heating apparaturs, or for any other cause orreason, is "especially liable tofire, and that is so situated or occupied as to endanger any other building or property -or human life. b. A structure containing combustible or explosive material, rubbish, rags, waste, oils, gasoline or flammable substance of any kind, especially liable to cause fire or danger to the safety of the building, .premises, or to human life. c. A structure that is kept or maintained or is in a filthy or unsanitary condition, especially liable to cause the spread of contagious or infectious disease or diseases. d. A structure in such weak or weakened condition, or dilapidated or deteriorated condition, as to endanger any person or property by reason of probability of partial or entire collapse. P. 3. Fire marshal.: The` fire marshal of the fire district designated by the fire district to administer the Uniform Fire Code in the area where the dangerous building is located. a t - t • Record holder of legal title, or where land is 4. owner: the purchaser. s d under a land sale contract recorded, being purchase as Nuisance. Declaration of Dan Brous Buildin Section 3: the building building or part .f a building determined by 'Every Bro official or fius .building. is declared to i re marshal to be a dang with the isance the in accordance be a public nuand may be abated # rth in Section 7.40.060 or procedures set fo Civil Infractions ordinance. Person Res onsible. For the purposes Section 4: Owner is the responsible" for theownershall be the "person of this chapter, _ 40.060• purposes of enforcement under the provisions of Section: 7- the Cit If the Council causes the Section 5: Abatement by 40.060, the the City under Section 7• nuisance to be abated by the work to be shall specify with reasonable certainty Council Charter, Code, or other ted by state law, done and, unless exemp to be •t ordinance or rule, shall let contracts for the work City the Contracting Ordinance and rules. done as provided by A violation of this chapter abated Penalt Section 6: _.-----�" � under the Civil Infractions Ordinance shall carry the following penalties: Class 1 P shall constitute a A violation of this chapter to the a. Civil .Infraction whic • shall be processed according h to procedures established in this chapter separate provision of b. Each violation of a that a a separate infraction, and each day shall constituteermitted to continue violation of this chapter is committed or P a separate infraction. shall constitute i : C. A finding, of a violation of this chapter shall not relieve ., the responsible party of them luty to abate the violation. The penalties imposed by this sec-~ �n are in addition to and not in lieu of any remedies available to the City. d. If a provision of this chapter is violated by a firm or corporation, the offices or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this section. 3 R t S �`Y s BUSINESS TAX Repeal 5.04.190 and adopt the following: 5.04.190 Penalties. a. Violation of this chapter shall constitute a Class 2 Civil Infraction which shall be processed according to the procedures established in to b. Each violation of a separate provision of this chapter shall constitute 'a ,separate infraction, and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate infraction. C. A finding that a person has committed a civil infraction in violation of this chapter shall not act to .relieve the person from payment of any unpaid business tax, including delinquent charges, for which the person is liable. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. Ali q d. Payment of the business tax after the complaint and t summons is served is not a defense. 40 e. If a provision of this chapter is violated by a firm or corporation, the officer or officers, or person or persons responsible for, the violation shall be subject to the penalties imposed by this chapter. v� WWI z ZONING ORDINANCE Repeal 18.24:'030 and adopt the .following: 18.24.030 Penalty a. A violation of this title shall constitute a Class Civil Infraction which shall be processed according to the procedures established in to b. Each violation of a separate provision of this title shall constitute a separate infraction, and "each day that a violation of this title is committed or permitted to continue shall constitute a separate infraction. C. A finding of a violation of this title shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in x lieu of any remedies available to the City. d. If a provision of this title is violated by a firm or corporation, the officer or officers, or person or persons responsible- for the violation shall be subject to the penalties imposed by this section. s { MEMORANDUM ' CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council May 20, 19E5 FROM: Bob Jean, City Administrator SUBJECT: Civic Center Project Budget and a ted Costs By its nature, the Civic Center Project touches all Departments of the City. Almost every City Fund is involved to some extent. Within the legal limits established for each Fund and Budget appropriation, considerable discretion still exists at the Council level. This Memo is intended to outline the Civic Center Project financial status, to review policy options, and to suggest recommended actions. COSTS Two remaining unknowns until now have been the actual construction bid cost and the interiors furnishing costs. The bids were,opened on May 15, 1985 and the apparent low bidder at $1,741,000 was within 2% of the Architect's $1,700,000 estimate. Total bid spread from high to low was 10X. Meanwhile, the Interiors Architect has completed her work and will report to you on May 20, 1985. Here too, we're essentially in line with previous Budget allowances. With these costs we can now update the financial plan and evaluate alternatives. DEDUCTIVE ALTERNATES The Committee recommended four deductive alternates, if necessary, in order to balance the Budget: 01 Paving Reductions; #2 Canopy; #3 Quiet Room; and #4 the Southeast Corner of City Hall. Under present assumptions, all four alternates would be necessary and yet still not provide for any contingency. FINANCIAL ALTERNATIVES There are four financial alternatives available to Council which might be used instead or in conjunction with the Deductive Alternates to keep the Budget in balance and fund a project contingency as recommended by the Committee. 1. Release $98,000 held in the Bond Debt Fund The voters authorized the City to sell a $2.2 million bond to be repaid by the Bond Debt Fund from taxes over the next 20 years. That bond was sold and the first payment due before the taxes levied in July, 1984 could be received in November, 1984 adequate to make the bond payment. A temporary withholding of $98,000 was used to make the payment. The Committee then began its efforts with $2.1 million instead of the $2.2 million the voters authorized. This caused other displacements and shifts in the form of interfund loans and General Fund costs. I checked with the .Budget Committee Chairman and those Council members at last year's Civic Center Project Memo € May 20, 1985 Page 2 Budget Committee meetings and they all remembered the withholding as a $ TEMPORARY action. If so, $98,000 can now be released from the Bond Debt Fund and made available to the Civic Center Project Building Fund. Reversing adjustments can be reported at the May 22 Budget Committee and made ready by staff for Council action at the June 24, 1985 Budget Adoption meeting. 2. $25,000 Bancroft Bond, The City can bond its Hall Boulevard half street improvements and make annual payments instead of a lump sum payment. 3. Parks SOC Funds can be used for landscaping costs ($20,000 sprinklers in construction budget and $5,000 materials in Related Costs), or to complete landscaping. 4. The Old Police Station can be sold ($30.000-840.000) and the proceeds used for the project, ,either in Building fund or General Fund. RECOMMENDATION It is my recommendation that Council NOT use the Deductive Alternates, since the building is closer to a 7 year than 10 year facility and since construction later will be disproportionately greater. It is my recommendation that the full amount of Bond Sale proceeds approved by the voters be made available to the Project. This funds the bid, all related costs and still provides a $54,000 contingency as recommended by the Committee. Any remaining contingency at close-out in January can be charged out to zero by reversing some of the costs currently being absorbed in the General Fund. This, I believe, is proper and adequate. I do not recommend using Parks SDC Funds, at least at this time. The Parks and Recreation Board is working with the Civic Center Advisory Committee in a joint landscaping effort for the Civic Center and the Fanno Creek Park. I believe they should be allowed to finish and then make any recommendations. The Park and Recreation Board is also completing its Park Plan and CIP for this Fall. That's when any available SDC funds should be allocated in my judgement. I also do not recommend using the Old Police Station asset at this time. If used, per Council policy, I understand that as a capital asset it should be used for capital purchases, and should be applied to the General Fund's assumed related costs. - Attached are the various worksheets still in draft form. Since we had bid opening on Wednesday and recalculations on Thursday. I decided to send it to you in draft in your packet rather than in final but hand-carried on Monday. Please feel free to contact me this weekend if I may explain further, (dc:m849p) s palreMIQ d[ChitC05 20915 &W. 105th AVEN.E. TUALATK O# N 97062 5Oa 692-6065 -aa3 TIGARD CIVIC CENTER b RESOURCES Bond Sale 2.200,000.00 Interest -L5-/$"f IBGO Pinebrook Lot 25.000.00 WCCLS35,000.00 Old City Nall of 0 S.D.C. (Participation in bus stop and 1/4 of half n street improvement) -------------- Sub Total �' - 'r 6�o� - a1 RELATED COSTS 3 7�o°n Bond Cost 37,000.00 .� Debt Service 98,000.00 Land Cost A00��o �65 000Q Legal/Appraisal/Soils�T 3, -� !Js� f Fees A Charges 6�5 7 3.QOQ:00 , Varner 3,000.00 O 0 A o CP V0 l( o voo us')OVA. sub Total — � --°�����®�1 �� ,000 O'L TOTAL PROJECT FUNDS AVAILABLE i,8€r3 :e@ / , �.1 000 ©R F3$ ®oo PROJECT COSTS: �® CONTINGENCY for CHANGE ORDERS �-58;OOU� IY0pP !110,1900 CONSTRUCTION BUDGET .1r���:-ee- / �6?;7 7,q/ y5r� i 0 0, 1941 V L?o 14;fl*�1trV(:JU11Qdlli K--, 1p dICNC05 20915 SW 105M. AVENL E, TL{ALATK OF EGON 97062 5031692-6065 4AVA� /'/01 -51- 16175- TIGARD CIVIC CENTER ltovem 4" Design Development Cost Estimate �— 9� 1 +x77� V Architectural/Structuralr Mechani cal 227,800.00 ' Electrical 141,700.00 Landscaping/Paving/Damage- s: /�3 btu. r�r.r�.L. grypTQ2.-GrC.S* Half Street Improvement 9f :O0 331300 G-,P7Y 1.449ig SUB TOTAL Contractors Site Cast & Overhead @ 6% Cs,•.;.•.7C$ 4 e pri Fri'.: l r y?,34Y Contractors Profit - y71 I/CZJ sic f/ 49617�S~ Credit Cost Of Permits 7,000.00 0D0> �! 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S �arrr♦ f��ir.�`.7a\�rArlltYa.�.\\rte .. �� t��ri:�t��r��� ccri=■����QcrwrV�r.��m-�r■rin LL 'com ' \ �i �� `. �1Rr�F��tlR�e�'tt����� •A itt�`,�L�ttttttl� tt,�ttttm■ti'�tttt�rttttt»r � �ii�- ilw■■Imo®®■®■■■■E®rfm MOM■■■■ il •aira�lr�lrci��.at.� • is�r�ttt.i�a �� ts� `�ira�t>►�».w+ ,� *�r` awr�r��,� raaa•� �'i��li�ri■�i�r>raiir�ii�►�+iiai+rra.�ir_��aiyiir�ts. ,. a..c �r;��-�r►��r.�a���.�a�.�� * arrr�rrr.�, i�:.rs�rr�trri��rrrrrr►���ras�r.�rrr <. 1► `ll<1\1���` `.�nl ` t1\��1��1�►�11:q INMAN ' � � �iilitr�ltil[ti►t��to���i1����[�/ ■1l►ri��`Iiri���1�Ca^alA�iit MEMO 0 ME mull 0111111 a mom C�rC�tiR.`�l«k•��AC�C.�RrZlrF1►��a�r�Il�'L'Ii�al �11gJ���Y�� ,� R�"�1► 1 �l��.ia��l�i:-i1�1[i Cw1i�lRi�lmmi; .".��7ta';;tii�►►:1��7 �11�htiil .L\r+r1�'�7r\1►\1:'i�\r.1►`"�C��' 1i�A►`�.au[aw� �1Ca`i\l�r•�l�rZIol �&i *fA_l I-cF�►�.-�ir�i�ti�in�i�ir�•roo! " ;rte►: c. :_ 1a c Errc+ ��•f.,M. t•, a� irtc ta■tttartttilw�ttttttrtr.�a■attir �.� rtitt>►�. i���t tt+c�aT�aa• iE11=1Ma_�WErutttitirttttrtliitstt►,attitttt�l�: Ell s `� ir►�:•,7rtatea1�tititC�►�fitsCittt�=�+��l[tt■�i��rrt�itiliwi-r�.ir�r`�rc�L•�td�=aLi-vaac4�'��7l►Li�••u.ar�a�►aaNfa�.va�:.�`r�IrcrrRl2�.1�..��'.rLnlP\,��ir.�i�wL►� 10= ANN BONN ANNO : c- lt7\1 , t�;I L,% l [i�! "ral =iNMin" ! l ■1[ - —mom NEI ME ; _ NO ILVML%� .a�'1== �tmmw,-lw_ r�r ��le��>•■ ■cy�.�►� la� r� aNNa�����aaaa.� a�ai�►��i��rtrs.�mr� �rew`�r�-•ir`r� 4 /IN�!�1�[rl��\>~'a[�'� L.�C��<�Lf fi�'JIiJ��i�a� I��\\`�i A�11f�''�li ���riii' ��1�■ OEM '�� �lrirt>'1! �i__ii�ii Il+�iil:`i i�i�'i�iii�•:ii� MEN■■ ■ M■ �M■■■OOH ■■f MAY 1985 TIGARD CIVIC CENTER BUILDING PERMIT FEES BASED ON ESTIMATE OF 1.700.000.00 VALUATION ITEM Amount Waived To be Paid Building Permit 3.733.00 3,733.00 0 Plan Check (City) 2.426.45 2.426.45 0 TRFO 'Plan Check 1.493.20 0 1.493.20 Storm Drain SOC 8 X 250 2.000.00 2.000.00 0 Street Insp. SDC 90 spaces 6.075.00 6.075.00 0 San. Sewer USA 9 DU'3 Hookups 9.250.00 7.850.00 7.400.00 San. Sewer_Insp. 150.00 150.00 O Plumbing Permit 510.00 ' 510.00 0 Mech. Permit 385.00. 385.00 0 TOTAL 17.129.45 8.895.20 Tigard civic Center x Bid Tall Bidder Unit Alter res Base Sid PriC® 0-1 D-2 0-3 D-4 S-1 Berge Brothers ad / 9 I.R` Contractors. Inc. a.rtd cad 0 0 o /,-loco C90 00 .191,vrs.J E.`lee Robinson Construction B 00co 3700 v ou o lero0 Hyland S Sons, Inc. Juhr .Corporation add ? JW Hills & Associates mar Contractors 4274, 000 /15-.00 IA600. C222 T0000 oo g McCartney/Johnson r, 711 //S8l ' ai s� OTYJ4 Construction 79Silco Construction c o ddd Company qs ,00 .S' 1 . 40 0 '� nod Slayd��Cons�truct�ion �d / .q,� o 13, .90 /Z 300 lq?o u oo / Ob o a,cl d Thompson Construction Ddlftfllo dfChRCCt5 20915 S.W. 1o5TH AVE.' TuALA-nN. OR 97082 503/692-Q65 1 RELATED BUILDING FIXTURES 6 -PROJECT OTHER } C SUB-TOTAL ALL TOTAL COSTS BUILT-IN Cw�ER FURNISHINGS RESOURCES -0- 2200000 -0- 2200000 Band Sale 708000 1492000 202000 •-0_ 202000 -0- 202000 '0' _-0- 25000 Interest -0- 25000 25000 ,poo Pinebrook Lot -0- -0- 3 OA7� --46��A@O -O- Old City Hall -0_ 35000 65000 100000 WCC . -0- 10000 10000 -0- -0- Rotary -0 '0- -0- -0- -0- 10000 10000 14000 20000 S.O.C.(1/2 ST.) -0- -0_ 20000. Parks 'S.D.C. ,-•0-, 52000 52000 General Fund -- E3 147000 226908 708000 170000 699 uo17 EXPENDITURES -aD- a� 708000 -•0- 708000 Related Costs 708000 CO�Xr7 �� 986532 -0- 996532 227800 Arch:/81dg. ; 200000 9 27800* 227800 "0_ Mechanical 41700a 141700 -O- 141700 Electrical148202 20000 168202 Landscape/Paving 1 4000 -0- 34000 -0- 92020904 Half Street 3924 8370* 92294 _0_ „Overheard 8 5580* 65221 -0'- 65221 rafit 59641 _ -0-- <7000> e7000> e7000> �'-" Less Permits --- > S �yi?!9� 2396749 V 20000 2416749 SUB-TOTAL 70800.0 1605"94 'fv �. '� -4-- -0gg4*'Mz" C/O Contingency -O- 12 �i 7 � 12 � 5000 126907 A/E Fees .- -- x •25000 = _ SUB-TOTAL 708000 1704000 -- "' 2 Partitions �slf?/�16/ � '��✓ }g00 .21500 Blinds 2500 2500 Furniture 7500 7500 moving Files 5500 5500 Town Hall Furn. 10000 10000 misc. & Phones * 7 75000 LB Shely. Furn. 147000 '2 ' TOTAL 708000 1704000 'y O�p � � t *ESTIMATED **ORIGINALLY $50,000 FOR MORE PARTITIONS. NOk! LESS BUT BUILT-IN. . . (83;pm/O674p) CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 20, 1985 AGENDA ITEM #: DATE SUBMITTED: Mav 16 1985 PREVIOUS ACTION: On 5/6/85 Council ISSUE/AGENDA TITLE: LID POLICY motion to revise and submit for adoption ADOPTION PREPARED BY: Joy Martin REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE Council adoption of policy and procedures for LIDs. INFORMATION SUMMARY At the special Council meeting of 5/6/85, Council directed staff to make minor changes in the Local Improvement District Policy and Procedure Report and bring back for Council adoption. (Attached are pages which were revised. To conserve on copy costs, please insert these pages in the report distributed in your 5/6/85 Council packet.) ALTERNATIVES CONSIDERED 1. Adopt Resolution accepting the policy and procedure report and direct staff to prepare necessary code amendments to implement policy consistent with Council directives. 2. Hold until future meeting for consideration. SUGGESTED ACTION Motion to approve Resolution. lw/2781A Eugene,OR Register-Guard (Cir. D:66,030) (Cir.Sat-72,321) (Cir.Sun.72,174) MAY 13 1983 4UM s o.c.8 Frl. rasa SprijLIJLfieldets a Bancroft curd A,staff force-has given the Springfield But the councils,swayed by developer pleas to City Council seyeral dozen pages of good advice on keep a good thing going. took only half-way pre how to get the city out of I neroft bond hole-- ventative measures.And the city staff didn't do a and dei how to.avoid digging fu ure'1TscaI pits. good lob of administering or policing the program. Hap ly,thi;council seems disposed'to accept it. There's nothing halfway about the cure rec- ould khat councils had only,.listened to omniended by the task force. --, d'aM�d M*'strongly on..--slmllar advice e r Baticroft loans would be limited to a sin 1QSO.jIf telly had, the.,city's Bancroft,hole, prQtiably. ould dotbe nearly so deep. ' maaageabte'total of tl'million a year,with'subdt- M visions at the,bottom of the loan priority list. No Ban6oft bodds were origtnaliy,concelved as a neer spbdiv3.slon would get Bancroft loans until the way for li®meo*ners ta'use city credit to pay for city ielis at least 75 percent of.the 350-plus proper street,sidewalk�and sewer improvements around tics it was stuck with through Bancroft foreclo- their !cortices.Mlles sold low-laterest bonds to fi• sures: nance the improvements and gave the homeown• Developers Would be required to put up 25 ers 10-to-20 years to pay them off, percent of their project.costs in advance. They'd But developers,dL*vered that Bancrofting no longer be able to use Bancroft financing for so was also o cheap:way to subsidize many of their mucl'',.of their.costs.And staff procedures would be costs in devetopin�new subdivisions.-They per vastly!improved- suaded•Sprii gMetd,to.follow an;ultra-llberal,virtu ally no-itnlltl.Baacmft,pplicy tliat-allowed;them to` . live®if all the policy clianges are adopted,the borrow for more of their its-�and In'a greater city will be a long time climbing out of its Bancroft total amount than in any other Oregon city. hole.':But, with luck, It should be able to avoid Great deal',while it lasted.But when the bot- having to levy a special citywide tax to finance the tam fell out of the housing industry, developers climb., coulda't sell.their lots and couldn't make their The councu .seemed to agreement on the Bancroft payments.Many of therm,Ieft.Springfield ehanges at a work session'last Monday. All that holding the,financial bag. f remains is a public hearing this Monday and for- All this happened In just three years. During mal council adoption- that pdriod,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 counclls: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. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 20, 1985 AGENDA ITEM DATE SUBMITTED: -May 16, 1985 PREVIOUS ACTION: N/A ISSUE/AGENDA TITLE: , • t VOLUNTEERISM REPORT PREPARED BY: DONNA CORBET REQUESTED BY: COUNCIL DEPARTME14T HEAD OK CITY ADMINISTRATOR: POLICY ISSUE MONTHLY VOLUNTEERISM REPORT INFORMATION SUMMARY Attached please find the Volunteerism Report complete through April, 1985. At the current rate of volunteerism through April, the end of June, 1985, j should show a total in the range of 12,715 hours for 1984/85. t E r i ALTERNATIVES CONSIDERED SU=STED ACTION Receive and File: MEMoRANDUM, CITY OF TIGARD. OREGON May 20, 1585 TO: HONORABLE MAYOR AND COUNCIL. . FROM: DONNA CORBET. EXECUTIVE SECRETARY SUBJECT: NON/STAFF RESOURCES/vOI.UNTEER REPORT 19` 83/84 MAY 1984/8 !! n e 5 Perc a Category BOARDS & 3511 .50 320.5 2319 79 COMMITTEES VOLUNTEER 5183.50 446 3341.75 77 STAFFING FEDERAL 1908.00 208 2298 145 r ASSISTANCE COMMUNITY WaCa 144.25 1338 502 SERVICE 320.00 Muni 57.75 1300 193 OTHER 808.00 0� —"'_"'_" --------- 1186.5 10.596.25 199% Average TOTAL: 11,731.00 Increase 15,000 14,000 13,000 12.000 40 11,000 10,000 9,000 a 8,000 7,000 6,00 5,00 AM 83/84 84/85 79/80 80/81 81!82 82183 MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and City Council May 15, 1985 FROM: Terri L_Widner, Finance Director SUBJECT- DEPARTMENTAL SUMMARY FOR APRIL 985 During the month of April, the City received 5,465 phone calls and had 2,238 walk-ins There were 55 purchase orders processed, no SAIF claims or claims against the City were filed and 7 recruitments were processed. There were 9,009 .pages processed by Word Processing during April The Budget process continued in April, along with the boards and committees workshops and City Council meetings. Municipal Court continues to operate at a high level. (0922F) i.- J_. f Bob / 3 . 2 Tigard Pride, Inc. May 5, 1985 Meeting with Bob Jean, Kelley Jennings & Liz Newton DOWNTOWN ACTIVITIES Auto Shaw Food d Craft Booths Beer Garden at Zoops Approvals & Permits needed Downtown Merchant Waivers Temporary Use Permit Cit,r Engineer approval for closure of Main Street Borg -modes sign out & return to City _How will enforcement of street closures be handled? EVENING DANCE Private security will be provided Approvals and Permits needed Tek, Crow and City permission to use site Parking Plain for 600 cars No Parking/Tow Away Zone sign for SW Burnham Street Who will enforce No Parking Zones? i PARADE Route - McDonald at Pacific Highway to Payless 18--15 people needed to control intersections ? National Guard ? Don Olson-MP's Tigard Police Department Coordinator will be in charge Highway has to be coned & barricaded ? Who will set up and remove cones & barricades Approvals & Permits needed ODOT for parade & banner Banner should be included in Temporary Use Permission from Nelsons, Sears, Davidson's and Payless for Parade Armbands or T-shirts for TPI officials TEMPORARY USE PERMITS Only Tigard Based Non-Profit organizations will be covered under the "blanket" Temporary Use Any Business that operated prior to the event as a Business and will operate after the event as a business must obtain a Temporary Use Permit. No exception. ■ 8�Q ■e■ t Any individual or group of individuals who operate as a Business solely for the event must submit a letterandlocation map. A fee will not be charged. TIMING TPI should submit information to City staff for review the week of June3. 1985. Staff report should be completed for review by the City Administrator on June 12, 1985. Information and staff report should be ready to go into Council packets on June 14, `1985. . TPI presentation to City Council on June 24, 1985. a (EAN:bs/1358P) F �3, POLICE DEPARTMEV MONTHLY REPORT April, 1985 TO: City Administrator/City Council FROM: Chief of Police I. Personnel The department continues to be down one from full strength this month, (28) with the vacancy still Ding in the Patrol Division. The average daily department strength this month was 18.7 as cotpared to 17.6 for April, 1984. By division, the breakdown is as follows: Administration 2.0; Support services 4.6; Patrol 8.6; Traffic 1.3 and investigation 2.2. II. The department responded to 603 mon-criminal calls for service in contrast to 624 calls in April, 1984; total for the year is 2,412 as ccz..rared to 2,594 during this same time period last year. Patrol Division's obligated time was 2,157.7 hours vs. 362.3 non- obligated hours. (Obligated time 85.6` vs. 14.4% non-obligated time. III. There were 90 Part I crimes reported this month as compared to 89 reported in April last year. Of the Part I crimes reported, 31 were cleared, or 34.4%. Last year, 45 Part I crimes were cleared, or 50.6%. The department responded to 87 Part II crimes and 49 were cleared, or 56.3%. Last year, there were 71 Part II crimes, and 52 were cleared, or 73.2%. There were 71 persons charged this month as compared to 68 for this same time period last year. Part I crimes increased 1.1% this month over April of 1984. The Investigative Division worked 30 active cases this month, and cleared 12, or 40.0% of their active cases. The reported property loss was $30,582, and $11,501 was recovered, or 37.6%. IV. Traffic Patrol Division responded to 33 accidents, of that number 12 were injury. There were 418 citations issued, as Wired to 407 for this same time period last year. In addition, 357 warnings were given. The enforcement index this month was 21.58. V. Police Reserves The Reserve Unit worked 157-1/2 hours this month assisting the department policing the community; the majority of this time was spent out in the cotzmunity on patrol and assisting citizens. vi. Special Assignments A. K-9 Recap (see attached report) B. Motorcycle Program (see attached report) C. Alarms and Permit Recap (see attached report) { VTI. Training A. officer Merrill- received 15 hours of training by attending a Hostage Negotiations School at Lincoln City on April 18 and 19. B. Search and Seizure and Criminal Law updates class was held on April 23 for all sworn perosmel. This class was taught by Washington County DistrictAttorney, and 45 man hours of training was recieved. VIII Camamity Relations A. on April 3, April 23, and April 30, station tours were given to groups of.Boy Scouts, Girl Scouts, and a group of third graders. Capt. Jennings gave fingerprinting demar►stratlon to the Boy Scouts as well. A total of 1-1/2 hours was spent with this activity. B. During the week of April 8, Chief Adams,and Capt. Jennings spent a total of 26 man hours attending the Chiefs of Police Conference held in Salem. C. C)n April 25, Capt. Jennings spent 8 hours attending anEhiergency { Management Division Conference in Bend. Topic discussed was Formulating Public Policy in Br+ergency Management. Respectfully, B. Adanis Chief of Police K-9 MONTHLY REPORT _ April, 1984 at full strength during the month of April, 1985 with The K-9 Team operated g all 3 K-9`s on line: Buck, Joey and Major. During the month of April there were 18 calls for K-9 service; of the 18 calls, there were 4 building searches conducted; ll track calls; 3 area checks. As a result of the searches and tracks, there were 2 successes whereby ecPidenoe was discovered as a result of the search or tracks, and in 2 of the cases, tY�ere were 5 suspects located and arrested. The fatal time spent an the above listed calls was 10.33 hours. The total training time of all three K-9 handlers was 59.0 hours. There were 2 outside agency calls for our K-9 Units, which was Washington county Sheriff's Office. t Lt. Robert J. Mieeler Patrol Division cccmkmnder MOTORCYCLE TRAFFIC UNIT REPORT April, 1985 f During the month of April, 1985 there were 33 traffic accidents; 12 injury, 21 a non-injury. This is an increase over April 1984, which had 31 total accidents, 5of which were injury and 26 non-injury. Of the 33 accidents that were investigated this myth, l2 were investigated by the Traffic Unit. Enforcement index this month is 21.58 compared to 49.60 for the same' period last year. Traffic unit issued 113 hazardous, 80 non-hazardous, for a total of 193 citations. - Lt. Robert J. Wheeler Patrol Division CCmnander ;N` k ALARMS ASID PERMIT RE-CAP _ - Month of APRIL, 1985 (January 1 - April 30, 1985) THIS SAME MONTH TOTAL TOTAL - MONTH LAST YEAR CHANGE THIS-YEAR LAS' YEAR CHANGE - - 46$ 190 172 + TOTAL ALARMS. 30 56 a. 29 53 458 False......: 181 166 + 98. - 678 9 b. Bonafide.... l 3 6 + S08 F } 11 10 - 108 34 29 + 178 Permits Issued,.... _ 508 33 19 + 748 1 2, Permits Renewed... + 488 $490 $575 - 1S8 $185 $125 g - 448 Permit Fees....... - 338 5 " permits Revoked...' 2 3 =' Revoked Fees..,... $l80 $240 — 258 $240 $820 - 718 .....:.. 85 84 = + 148 increase Permits - 332 290 x—lan-mLY SWMARY STATEMENT: The total false alarms has only increased 98 for 1985 as oarQared to same time 1984 with an increase of 148 inpermitted systems. There is also a reduction �.s being revoked by 448.. of germs r r 0 s CITY OF TIGARD. OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 20, 1985 AGENDA ITEM #: DATE SUBMITTED: May 13, 1985 PREVIOUS ACTION: ISSUEIAGENOA TITLE: Quarterly Report January - March, 1985 PREPARED BY: Development REQUESTED BY: William A. Monahan DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Attached for your information is a copy of the first quarterly report for 1985, prepared by the Department of Community Development. Copies of the report are available to the public, City boards and Committees, the press and other interested parties. ALTERNATIVES CONSIDERED Accept and place on file. SUGGESTED ACTION f- Accept and place on file. TIGARD OUARTERLY REPORT January March, '1985 BUILDING AND PLANNING ACTIVITY - DEPARTMENT OF PLANNING AND DEVELOPMENT Prepared by Billie Rawlings BUILDING PERMITS January —March , January - March 1985 1984 Single Family No. Units. . . .. . . . . . . . . . 64 53 High and Low Unit- Value $100.000.00 to $42,000.00 $103,000.00 to $49,000.00 ? Largest Unit Size. . . . . . 3,170 sq. ft. 2,400 sq. ft. Smallest Unit Size, . . . . 1,061 sq. ft. 1,137 sq. ft. � Y Duelex No. Units. . . . . . . . . . . 2 High Value Per Unit $46,500.00 None Law Value Per Unit $46,500.00 None Multi-Family No. Units. . . . . . . . . . 318 0 Average Value Per Unit $27,914.85 0 Largest Unit Size. . . . . 1,026 -0 Smallest Unit Size.. . . 810 0 s (0674P) Ek $ Z BUILDinG PERMITS January — March. 1985 Commercial and Industrial Proposed Use Square Footage Value Robinson Development Commercial 10.798 $120.000.00 32.884 530.000.00 Western InternaCommercial 32.884 530.000.00 WesternInternational Commercial OTHER None Number'of`C.ommarcial/Industrial Permits this period: 3 FY to data: i8 { ti -4 Jai �K . . . . :a.'liT'6:'F1,•ri"t..Ea3fa^.-...3'.tS'.m.F".. .:T'FPuY..`.£;-: mw PROJECTS January - March, 1985 Subdivision Approvals k Lots Range Lot Size Carnahan/Hobbs (S 1--85) 13 7,500 8.000 MLP Robinson (MLP 1-85) 3 Commercial Lot S 6 J Properties (MLP 2-85) 2 Commercial Lot Multi-Family Projects Units Status None Commercial and Industrial Site Develodment Reviews Square Footage Status Truck Terminals (SDR 1-85) 5.400 A Koll Co. (SDR 2-85) 23.000 A A.R. = Application Received A. = Approved C = Completed • -.-.,a.+"•rn+,.q �+..?*."'.'P"we..,�••r.......a - -,...a4...nr,,,.„..y.boun,�q^.* +.xns*`z"^r�'," J nEW NsinESS TAS RECEIPTS January - March, 1985 Naee Address Employees Type A-Prof. Fire Systems Co PO Box 160 1 Install Fire Protection Ardee Pest Control 12013 NE Marx. Ptld. 12 Pest Control Artistry in Nails 11654 SW Pac. Hwy 05 5 Manicuring S Beauty Salon Ashnead Remodeling, Inc 8900 SW Burnham E-18 i Remodeling Barnes Bldg. Impr. 921 Highland St. 1.5 Paint Contractor Baskin-Robbins 11705 E SW Pacific Hwy 3.5 Ice Cream Sales Belt Tech, Inc. 16460 S.W. 72nd Ave. 1 Conveyor Belt Fabricator Bidtek, Inc. 7125 SW Hampton St. 37 Computer Sales Bridon Homes 10175 SW Barbur Blvd 1 Contractor Burgs Master Cleaning 10940 SW 108th. Tigard 1 Janitorial Svc. Burroughs, Chuck-Gen.ral 1905 SE Elliott, Ptld 2 Contractor CLI Food Service 15145 SW 119th 2 Retail Food Sales Campbell 6 Thomson 12289 SW Main St. 3 Attorneys Care Center 9735 SW Shady Lane 9 Emergency Health Facility Ceres, Inc. 7865 SW Hunziker Rd. 6 Plants Christian Plbg. Inc. 22919 SW Stafford Rd. 2 Plumbing Contractor Cook, Bill Construction 19831 S Polehn Dr, OC 1 Sewer Contractor D.S. Furniture 1504 S Main, No. Car. 2 Furniture DAB Concrete 3735 SE VanWaters i Concrete Flatwork Dar-,Mar Constr. 230 NE 151st, Ptld. i Building Contr. Datasafe. Inc. 9738 SW Tigard St. 3 Computer Data Storage Dave Holscher 590 SW Brookwood, Hlsb 1 Building Contr. Davidson's Corn.Car Wash 12860 SW Pacific Hwy. 0 Self Service Car Wash Davison Distributing 15825 SW Stratford Lp. 1 Food Distributor Dietz, R.M. Co., Inc. 12285 SW Main 1 Window & Floor Ellsworth Construction 380 SW 205th, Bvtn. 1 Contractor Fabricland 11705 SW Pacific Hwy 1 Fabrics Fast Frame 12162 SW Scholls Fry Rd 2 Photographic Fish Construction Co. 10211 SW Darbur 8106A 2 Homebuilder Furnace Doctor 11733 SE Flaivel 1 Furnace Repair Global Products, Inc. 15830 SW tipper Ons Fry 5 Mail Order Rutail E - a r nEW BUSIfIESS TAX RECEIPTS Good Sam. Immediate 3 Coin--dp Laundry Greenway Maytag Laundry 12280 SW Schalls Fry Rd 3 Plbg systems for Elect. High Tech Piping. Inc 8900 SW Burnham E-15 2 Graphic Art High-Tech Graphics&Print 8gO0 SW Burnham ne T 1 Wood Furniture House of Wood. Inc. 12770 SW Katherine 10 Wholesale Water Systems JCM Enterprises 11105 SW Cottonwood Ln 3 Construction James R. McGehee Inv. PO box 25571. Ptld 2 Laundromat jasper's Laundromat 14305 SW Pacific Hwy. 2 Homebuilder K-Buik, Inc. 2730 SE Knapp General Contractor K. F. Jacobsen► & CO 4315 SE McLoughlin Blvd. 2 Office Decor Knowles Enterprises 10240 SW Nimbus, L-5. T 2 Residential Masonry Landis Masonry, Inc. 9221 SW 53rd, Ptld 3 Picture Frame Mfr. Mill Creek Picture Co. 15575 SW 74th Ave. Rebuilding Engines Moto Tran Imports, Inc 9528 SW Tigard St. T. 2 A-V & Computer Multimedia Servicenter 12566 SW Malin St. 1 Phone Service Nama TCS (USA). Inc. 11825 SW Greenburg Rd. 2 Auto & RV Repair Norm's-Auto/RV Repair 8950-A SW Burnham, T. 1 Floral Design Occasional Flowers 15835 SW Colony Dr. 11532 SW Barbar. T. 9 Gym & Dancg Classes. . Oregon Academy 2 Sports Calendars Parents Club 0 SW Monroe Pkwy. 1 Vacuum Foaming Plasti-Par 15805 SW Carman Dr. Ray He Go. 8900 SW Burnham 1 Outside Salesman 2005 So. evr�-Creek Rd OC 1 Inst. Htg & A/C ' Rumbold Htg & A/C 1 House Maintenance SUNTEG 71QO SW Hampton #222 1 Typing Se:.tice Sharon -3 Typing Svc. 16220 SW 121st t. 12 Records & Tapes Sight & Soured Dista 1G220 SW 72nd St. 1 Residential House Painting Silverleaf Construction 5571 So. Arndt Rd. Canby Contractor Skylight Homebuilders 43005 E Larch Mtn. Rd. 1 Building Contractor South Face Investment 10211 Sw Barbur, #202A 1 Electrical Contractor T & L Electric 7274 SE 60th, Ptld. 3 Hair Salon Ten Hair Ltd. 11750 SW Pac. Hwy, MK, T 1 Gift Shop The Balloon !'bun 12184 SW Scholls Fry. 1 Apartments The Colonies 14220 SW 112th Ave. 7 Mfg./Distr. Prod. The Fuller Brush Co. Great Bend, Kansas 2 Real Estate Deva The Greg Specht CO. 13012 NSI Glisan Insulation Contractor Tharaeael-Lok. Inc. 15865 SE 114th. #G. Clk 4 Roofing 3 Topside Construction 2522 SE Township. Canby 1 Residential Maintenance Total Property Svc 8900 SW Burnham, T. nEW BUSMESS TA RECEITS I� 2 Dist. Priv. Pay Telephones Universal Pay-Tel Dist. 10110 SW Nimbus, t3-2, T 5 Sign Installation Valley Sign Service Box 484. Bvtn 1 Hair Replacements Vienna"Hairgoads 9960 SW Walnut St. 1 <Design/BuildingFirm 7585 SW 71st Ave. Welsh 6 Associates 5105 SW 68 Place 1 Homebuilder Werner lungkind 3 Home Builder Yorke Construction 10125 SW Bvtn Hwy (0674P) 3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: . May 20, 1985 AGENDA ITEM..#: QL DATE SUBMITTED: May 9, 1985 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: community Development -_Monthly Report PREPARED BY: William A. Monahan for April, 1985 , REQUESTED BY: Community Develon,nent DEPARTMENT HEAD OK: f/�`� CITY ADMINISTRATOR: ---- POLICY ISSUE INFORMATION SUMMARY The report of the Community Development Department for April, 1985, is attached for your review. ALTERNATIVES CONSIDERED Accept and place on file. SUGGESTED ACTION Accept and place on file. MEMORANDUM -< CITY OF TIGARD. OREGON y TO: Bob Jean May 16, 1485 Y FROM: Frank Currie SUBJECT: Info for Co it re: D.W.D. fence and Meadow Lane - cave in I have directed Jerry McNurlin to have the DWO fence completely relocated by Friday - no' excuses! a I have discussed the "cave in" situation on Meadow lane with Jerry and Steve and Wally, and have personally visited the site. Thevisitto the site brings back memories from past discussionswithJerry Edwards several years ago. First there are no "cave -ins". What we have is a poorly constructed street with some settlement over underground utilities manifesting itself as a slightly sunken and badly alligatored street surface. s As dirt collects and fillin the surface irregularities, the street seems to be in good sha^e., After the street sweeper comes by and cleans out the slight depressions, the street takes,on the appearance of its real conditions. All things being equal, a good slurrey seal would suffice or at least a "skin" overlay. Unfortunately things are not all equal. The street grade is too high and too flat to accommodate an overlay and too thin for a restoration scarification. The subbase is apparently inadequate. The street needs to be reconstructed; ie. 'asphalt torn up, base reinforced as necessary and. a new asphalt surface laid down. a This is a minor dead end residential cul-de-sac taken over by the City in 1965, upon annexation. In my opinion it is a prime example of a candidate for a maintenance L.I.D. to be paid by the adjacent property owners. Unfortunately these homeowners got has a public road) exactly what the developer paid for; a poorly engineered and constructed street,- the repair of i which should not be high on the public's list of street maintenance projects. (FC:pm/0844p) 1 K r MUM_ '11-if INN t MEMORANDUM CIl"Y OF TIGARD, OREGON k May 8, 1985 Members of the City Council � j✓ To: William A. Monahan, Director of Community Development FROM: x SUBJECT: Monthly Report — April, 1985 the Monthly Report for April, 1985, Prepared by the find is of the report are: se men Attached . Plea ent. Elements Department of the Community Developm I. Annexation Report 2. Building Division Report Code Enforcement Report and 16, 1985 3. Economic Development Minutes - April 1, 4. Division Report Engineering , 6, Planning;Decisions 7, public Works Report committee Minutes 8. Transportation Advisory activity for April of 1984 and 1985: Following is acomparison of building { Aaril, 1985 19 23 2 s Single Family Permits 1 2 Multi—Family Permits (total units) 6 11,060.10 $ 12,171 COercial permits $ 6,591..1515 Building Permit Fees $ 5,975.19 11,986.80 Plan Check Fees $ 4,935.10 731.00 Plumbing Permits $ 544.50 $ 180.00 Mechanical Permits $ 190.00 $ Sign Permits $2.279.085.00 $2,513,574.00 Valuation Through the fir st four months of the year, activity compares to 1984 as follows: 83 76 Single Family Permits 1 332 - Permits .(total units) 12 5 Multi--Family 68,861.50 Commercial` Permits $ 35,986.60 22,887.00 Building Permit Fees $ 17,959.03 $ 34,994.78 Plan Check Fees $ 12,939.70 3,161.50 plumbing Permits $ 1.973.02 l-Permits 855.00 355.00 Mechanica $ $18,092,154.50 Sign Permits $7,542,706.00 Valuation Monthly Report Memo page 2 May 8, 1985 BUILDING Building activity in April was greater in terms of fees and valuation than the comparable period in 1984, Building continues to be very strong, well ahead of 1984. Total .valuation of projects through April has already exceeded the 1984 period through August. ECONOMIC DEVELOPMENT COMMITTEE The Economic Development Committee met Twice in April April 1, and April 16. The April 1 meeting was a special meeting hald at the request of J.8. Bishop to review the Main Street Project. The April 16 meeting was a regular meeting In which the Committee discussed the, need for a survey of downtown businesses. A draft survey will be reviewed in May. Bruce Clark resigned as chairman, A new chairman will be elected in May. (iaAM:br/1239P) h , MEMORANDUM CITY OF TIGARD. OREGON ' 4 May 10, 1985 TO: City Council FROM: Elizabeth A. Newton, Associate Planner SUBJECT: Annexation Activity for April, 1985 The City Council held a public hearing on a request from Dr. Gene Davis to annex approximately 21 acres into the City at the April 8, 1985 City Council meeting. The property is located north of Highway 217, east of SW 95th, and south of SW Oak. At that ,meeting, the City Council continued action on the proposal until May 6, 1985 to allow a corrected public notice to go` out and also to hold a discussion on annexation policy at the April 29, 1985 City ' Council meeting. On April 25, 1985 the City of Tigard was represented at a CPO #4 meeting by Elizabeth Newton, Bill Monahan, Mayor Cook and Councilor Brian. The City was requested by the CPO to attend the meeting. 175 residents of the Metzger area were present. Elizabeth Newton presented some cost comparisons of annexation to the surrounding jurisdictions including Tigard. The City will present additional information to the CPO in the future as requested by the CPO. Planning Department has not received the necessary paperwork from the The 9 Tigard Times for Annexation. (EAN:bs11336P) ZF MEMORANDUM TO: CITY COUNCIL FROM: PLANNING AND DEVELOPMENT DEPARTMENT DATE, May 2, 1985 SUBJECT; Monthly Report for month of April Building Division April's 'building activities include permits for 4 `"Signs, 19 Single Family Residential, '9 Residential alter/repair, 1 Duplex, 2 Commercial, 17 Commercial - alter/repair, 1 Foundation, 1 Sitework, 1 Storage, and 1 Demolition for a total valuation of _$2,513,574,00. King City Activity 2 Residential and 2 Garages for a total valuation of $592,000.00. Fees eor 52 permits $12,171.50 Fees for 45 Plan Checks 6,591.15 Fees for 7 signs 180.00 4' Plumbing Acitivity — 43 11,986.80 Mechanical Activity 32 731.00 TOTAL. . . . . . .$ 31,600.45 Sewer Connections — 37 $ 33,600.00 Sewer Inspections - 21 $ 760.00 a (eS/0076P) j. ooa oa o00 0 0 0O0000g0 � o a z000 $ o � 000a $ or� oSoS00000000000 � o $ NOv Q O0 � � � OO . 00OO � � O O O cO �� o08O § 0089080 ,48 � $ oo OdoQO000HHOO Jit+ c wence+1mnr oer1n,NC -Zw . c+ oO0 �owNc00 �rN •-� ,+ Oe» �t! 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Rf OI a a, r+ zp% a a, a zl, a at O C r4 U 3 L41 a 7 0: 0a#i CL i m 0 x S 41 d 0 a a a CQ fa vim+ +ua PUa 1Ua C rt 4 co L M 106 N3333a3 � o�c0 �0tlO0wC"Ln � o ,Qv-4O �n0000 t1[ S9 g N F- V O N ' a a O dr +s L 16 41 0c �! •.r..r C L » +j c •r1 G 41 c O O t.+ fd cId O» O L 0 �U L of 0 0 c . 666. 4" 41 mU0-4 � 6 V = » V m - }- O C ca �a* ¢ .v » L 6o M a L a t0 cc 31 O FL- 3 U c V O .16 0 A� S J R e6 t 41 r-4 Af 6!f 0 ff!S iJ 0 3•.+ L a 8 cri fy3 !- 9L t1 00lz � E W J v mm�7 S I G N P E R M I T'S APRIL 1985 CONTRACTOR ADDRESS VALUATION Heath Northwest 11989 SW Pacific Hwy. 800.00 Beaverton Insurance Agency 9770 SW Shady Lane N/A Blaze Sign 11955 SW Pacific Hwy, #245 N/A Luminite Signs SW Garden Place Park 217 4.300.00 Oregon State Lottery 15800 SW Upper Boones Ferry Rd 300.00 Martin Brothers 12192 SW Scholls Ferry Rd, 11200.00 Oregon Sign Corp. 121st & Scholls Ferry Rd. N/A Total $6,600.00 (BS/0076P) a ita �[ �««�.*•^.,�•t.,..-,. ,.r...�t�:��+eG.+ - int- O z ogoS _ o sun Q N N Ln N c 40 .m-+ 41 C C m an CL aaaa F ro cc ars qn i L as 7C r t- o a H er m v en U �� � �, m m tD"m C7 . p>p >pp 2 UUtJU a, aa, a m � r4� � �-+ 0 0a0 a m � W NRNN04 d 0% M at Ch U U H :C OoC '� U pUp bre ipI " :. 1 b ,n i4 n N. aa 'COD CQ th cc 40 co M N O b P 06 N � h N ,Q m yy mil WVWy n O mp .+ f f r b a rr► W N O m ++ ri of �ci ni m w b m b N N N. INt! M r w 0: MEMORANDUM CITY OF TIGARD. OREGON TO: Members of the City Council May 10, 1985 FROM: William A. Monahan, Director, Community Development Department SUBJECT: Codes Enforcement Report Codes enforcement activity picked up greatly beginning in April. Such _issues as filling without permits, high grass, maintenance of horses, temporary uses, and miscellaneous complaints have begun to appear with greater regularity. The Building Division has addressed most concerns as they have arisen. Other individuals; in particular•, the secretarial support staff, planners, and I have become more involved in codes enforcement by necessity. We will attempt to document the time spent by all employees in this activity. Members of the -staff have been working with Attorney Adrianne Brockman to review our civil infraction ordinances to make the citation process work smoother. We hope to recommend changes soon. We met with Bruce Cleeton, Codes Enforcement Officer in Beaverton, who described the process used in Beaverton. We will send staff members to a workshop in May, which he will conduct, that will make them better able to enforce our codes. (WAM:br11349R) NUUMA CODE ENFORCEMENT {• APRIL'1985 i ED WALDEN 4-1-85 thru 4-15-85 Answered many calls from Citizens for problems. Issued Code Violation notice to Apple Vendor at Hudson Oil Service Station on SW Pacific Hwy. Told him to remove illegal signs (no permit) he has ignored the Notice. 4-29-85 Discussed with new realtor of property at Tigard Avenue and North Dakota about removing all junk cars and junk from yard. 4-30-85 Remove Apple Vendors sign left on Public Right--of-Way. 4-30-85 Removed Condo sign from Public Right-of�-Way at 121st & Katherine Street. (ETW:bs/1243P) i M WE-2 CODE ENFORCEMENT APRIL 1985 BRAD ROAST 4-15-85 Zoning 4-15-85 Zoning 4-17-85 Code Enforcement Meeting } 4-17-85 Junk i 4-18-85 Sign Code Violation 1 4-30-85 Sign Code Violation (BCR:bs/1243P) i P i k t �K J TIGARD ECONOMIC DEVELOPMENT COMMITTEE - MINUTES - SPECIAL MEETING APRIL 1, 1985 7:30 A.M. - PIONEER PIES RESTAURANT t Members Present: Bruce Clark, President Pat Kennedy Amo De Bernardis David Clement Members Absent: John Cook Gregory Newton Kathryn Budny Jim Corliss Tony Orlandini Staff/Guests Bill Monahan t J. B. Bishop The special meeting was called by Chairman Clark at the request of J. B. Bishop so that the Committee could consider the Main Street Project. Mr. Bishop made a presentation of his planned retail center which represents an expansion of an earlier approved plan The Planning Commission was scheduled al to act on the issue on April 2, 1985. the plan involves a conceptu tion.PThe of a .planned development as well as a sensitive las applili proposed prime tenant is Costco, a wholesale company. building is It will is estimated at 113,000 square feet, 270 feet wide and 410 feet deep. be a concrete tilt-up building, 28.5 ft. in height with a raked finish, fully t painted and landscaped. The project will involve the improvement of Ash Avenue as well as buffering and screening between the project and residential neighbors. The developer 2 earlier has participated in a traffic signal as part of his public improvement obligation. A new signalized light will also be installed. j Mr. Bishop explained that a ten 'foot setback will be left between his property which is now used for pars. being He atatad and land owned by Ken Allison, that excavation on site will result in the Allison ape elevation above the Bishop buildings. Bruce explained that the Committee has the power to be a voice for economic development. He id Committee s � favorableit a recommendation to the Planning Commission. Amo stated "that the project would create jobs and increase the tax base. The four members present who reviewed the plan decided not to take a nterests on the zoning issue. They did feel that the proposal is in the bast i of the City and fits into the Central Business District plan. The Committee supports the project stating that the downtown needs a significant shot in the arm. Bill was asked to prepare a letter to the Planning Commission stating the Committee opinion. The next meeting will be held on Tuesday, April 15; 1985 at 7:30 A.M. at. Pioneer Pies. (1220P) TIGARD ECONOMIC DEVELOPMENT COMMITTEE Minutes April 16, 1985 Pioneer Pies Restaurant Members Present: Pat Kennedy, Vice Chairman Kathy Budney Jim Corliss Guests Present Cam Lansford. Costco John Savory J. B. Bishop Iry Larson Geraldine Ball 7asan Gardner, Oregonian Staff Present: Bill Monahan The Committee reviewed the minutes of the March 26, 1985 meeting and approved them as written. Minutes of the April 1 Special Meeting were reviewed; no action was taken. The Committee discussed the goals and objectives of the Committee for the downtown area. Kathy and Amo had submitted comments to Bill which he related to the Committee They included: - Make a survey of downtown businesses to evaluate problems and potential of, growth. — Zoning problems in the downtown should be evaluated m. — Private sector involvement should be evaluated in terms of remodeling, signing, lighting, and landscaping. — The growth potential of the Highway 217 area should be evaluated. — Determine what groups should be involved in the planning of the area. — The community should think big when planning for the downtown. — The present and projected economic impact of the downtown area should be determined. Public perception of the Central Business District should be assessed. Discussion then centered on how the Committee could be involved in the downtown. Pat suggested that a questionnaire be set up which could be circulated, then followed up with a phone call. Bill will check into the cost of mailing a survey to the downtown area. 3. B. Bishop will provide a list of property owners which he will get from a title company. Bill will prepare a draft questionnaire and send it to members for their review prior to the next meeting. The questionnaire will ask 1) What direction the property owners would like the downtown to go; 2) Adequacy of zoning, and ,1 8) What can the public and private sector do to improve the downtown. Sill will check to see if the City can fund some or all of the survey cost. If the -City cannot, it was suggested that local businesses may be willing to provide funds for the survey. The Committee suggested other questions, including: Do you consider the construction of a Tri Met Transfer Station at the present site of Tigard Auto Body to be a positive step for the area? Do you have any suggestions concerning improving the style or image of the downtown? Are you 'interested in starting a Downtown Program similar to those now operating in Hillsboro, and other Oregon cities where merchants contribute to the hiring of_a downtown promotion manager? Should we leave the downtown as it is, and let it develop on it's own? - Are the traffic and transportation services in the downtown adequate? Any suggestions? Are there any uses which should be restricted or prohibited? Pat asked each member to contact a business person and ask them what their concerns are. Each member is to get input to Bill by May 1. The members present agreed to pursue the survey. Bill reported on the progress of the I-5 Corridor group which has formed as an outgrowth of the Sister City project. The group planned a kick—off meeting for April 25th. J. B. Bishop asked the Committee to give further input to the City Council concerning it's support of the Main Street project. He asked that the committee enhance its' letter. Pat agreed to poll the members to see what their feelings are in this regard. The meeting ended at 9:00 A.M. The next meeting will be held on Tuesday, May 21, 1985, at 7:30 A.M. at Pioneer Pies. (WAM:br/1309P) x MEMORANDUM ^ ` CITY OF TIGARD TO: William A. Monahan, Director of Community Development Frank A. Currie, Deputy Director FROM: Randy Clarno, Engineering Services Manages` v- DATE: May 13, 1985 SUBJECT: Engineering Monthly Report for April, 1985 Personnel Time Spent in Area April I. Planning and Development Activities A. Development Application Review 3% for Engineering Standards (including pre-application meetings). B. Public Improvement Permits (plan 34% check, construction inspection, Processing,legal forms and project administration. C. Citizen assistance and other 11% agency assistance. D. Special Project Activity 21% 1. Field Control Network and computer aided Base Mapping 2. Development Services Policies 1% E. Other Activities 1. Planning, Building, and Operations Support 9% 2. Administration (including Civic Center 9% Work) 3. Vacations, sick leave, holidays, etc... 11% 4. Fanno'Creek Park 1% April Year To Date F. Project Fees Collected 1. Operations Service Fees a. Streetlight Fees $2,903.04 $ 9,727.48 b. Sign Fees 710.15 $ 2 026.60 TOTAL 3,613.19 11,754.08 2. Engineering Service Fees a. Street and Sewer Permit Fees $22,208.50 $ 58,456.07 (0840P/br) .a TIGARD PLANNING COMMISSION REGULAR MEETING- APRIL 2, 1985 t; 1. President Moen called the meeting to order at 7:34 PM. The meeting was held at Fowler Junior High - LGI'Room - 10865 SW Walnut. 2. ROLL CALL: PRESENT: President Moen; Commissioner Butler Fyre, Vanderwood, Bergmann, Campbell, Leverett, Peterson, and Owens (arrived 7:45 P.M.) STAFF: Director of Community Development William A. Monahan; Associate Planner Keith S. Liden; Secretary Diane M. Jelderks. 3. APPROVAL OF MINUTES Commissioner Vanderwood moved and Commissioner Campbell seconded to approve minutes as submitted. Motion carried unanimously. 4. COMMISSION COMMUNICATION Director of Community Development Monahan explained that it is necessary to hold a second hearing on April 16, 1985, because of the number of the Comprehensive Plan Applications which need processing. Also, a brochure printed by the Tigard Chamber of Commerce was distributed. Five letters were distributed for Agenda item 5.6, Main Street Land Corp. 5. PUBLIC HEARINGS 5.1 SUBDIVISION S 2-85 and VARIANCE V 1-85 MAWHIRTER NPO 0 6. Request for preliminary plat approval for a six lot subdivision and to allow two 7,125 square foot lots where a minimum of 7,500 square feet is required. Located 9680 SW McDonald St. (WCTM 2S1 11 lots 104 and 200). Associate Planner Liden reviewed the status of the application and made staff's recommendation for approval with 11 conditions. APPLICANT'S PRESENTATION Vern Lentz, 8150 SW 39th, Portland, representing the applicant requested that Frank Currie, City Engineer, address the issues regarding access onto McDoanld and the need for the approval of the variance. Frank Currie stated that if the Variance was denied it still would not { decrease the number of driveways onto McDonald. He explained the alignment of the existing sidewalk and the special circumstances involved fi with that alignment. He requested that an additional condition be added which would release the applicant from any legal ramifications slated to the negotiations for condemnation of right-of-way. He also explained the difference"between publiceasementsand row dedications. PLANNING COMMISSION MINUTES April 2. 19135 Page 1 ` 1 ication is in c onformance with the Code Vern Lentz continued that the app lnested the F ance is minimal and that the Variand not out of line. Req i rant approval. Commission gi Planning ' Portland, representing that applicant, Don Silvey. 5240 SW Burlingham, Porthat the subdivision meets the P su ported staff's recommendation stating hest and best use for the criteria of the Code and that this is the highest proposed size. PUBLIC TESTIMONY - No one appeared to speak PUBLIC NEARING CLOSED art the proposal 0 Consensus of the Commission was to Supp to * Commissioner Owens moved and Commissioner Peterson seconds three by changing major t® owed S 2-85 and V 1-85, subject to tthe hr conditions in the staff apps condition number report. Modifying item minor. Modifying page three of the staff report to eliminate icant b, Plan Policy 3.1.1. Also. adrelated previous ns number 2negotiations grant release from any conditionsthe City. Motion for . condemnation of right-of-way initiated by carried' by majority vote, President Moen voting no. Commissioner Butler abstaining. IDRISS NPO # 5 5.2 ZONE CHANGE ZC 2-85 parcel from R-7 Request for the none designation to R-12 (Residential. 12 units/acre). nits/acre) on a 3.7 acre .(Residential 7 u Located on the east side of "all��lvd. ss Street . 300 feet south of Ra (WC'!M 2S1 12CB, lots 1100 and zone change and made Associate Planner Liden reviewed the request for a _ staff's recommendation for approval with one condition. APPLICANt'S PRESENTATION the applicant the applicant reviewed why Ryan, O'Brien. representing arty from R-7 to R-12. should be allowed to rezone his prop PUBLIC TEST,"y - No one appeared to speak. PUBLIC HEARING CLOSED Campbell, Eyre• Vacyderwood, Peterson,. and Moon o Comnnissioner Leverett. CaR+p Commissioner Bergmann favored the f opposed the the zone change. and Commissioner s proposal, Commissioner Owens had mixed feeling } sutler had no cowent t?LRNNII4IG COP�IISSIORt MINUTES - Page 2 April 2. 1985 _.,. .,. µ _ Commissioner Leverett moved and Commissioner Vanderwood seconded to f f deny ZC 2-85 based on the findings that policy 8.2.2 and 7.1.2, were t not satisfied. That the R-12 zoning was inappropriate to have in the middle of a R-7 zone and that the access to a major arterial would create a traffic problem. Motion carried by majority voted Commissioner Bergmann and Butler voted no. 5:3 COMPREHENSIVE PLAN AMENDMENT CPA 4--85 ZONE CHANGE ZC 4-85 KRUEGER Request to move the present area designated C-N (Commercial Neighborhood) from the northwestern corner of the proposed 135th Ave./Murray Road extension to the southeast corner of the future Murray Road/Scholls Ferry Road intersection. (WCTM ISI 33C, lot 1000) Associate Planner Liden reviewed the proposal and staff report and made staff's recommendation for approval with one condition. APPLICANT'S PRESENTATION o Russ Krueger, 3515 SW Barbur Blvd. Suite Y-1, Portland, 97201, displayed an aerial map to show how they were proposing to move the Commercial Neighborhood zone. PUBLIC TESTIMONY o Richard Boberg, Chairperson NPO # 7, supported the proposed change, adding that they felt in the future there would be a need for increased commercial zoning in that area. o John Morris, li9o0 SW Morning Hill, representing the Morning Hill Homes Owner Association, favored moving the commercial zone as far away from the Morning Hill Subdivisions as they could. o Richard Olander, Rt. 1 Box 365, Beaverton, had questions regarding the drainage and how it would affect his property. Discussion followed between the applicant and Mr. Olander: o Denise Hawks, Rt. i Box 385, was concerned that they were proposing to extend the road through her property, President Moen informed her that she would have to be contacted and she would have to give her approval before that could happen. PUBLIC HEARING CLOSED o Consensus of the Commission was to support the application. Commissioner Campbell mowed and Commissioner Fyre seconded to forward CPA 4-85 and ZC 4-85 to City Council with a recommendation for approval subject to the condition in the staff report. Motion carried unanimously. PLAXNIphG COMMIgSIOWMINUTES Aril 2. 1985 Page 3 RECESS 9:00 P.M. RECONVENE 9:15 P.M. 5.4 COMPREHENSIVE PLAN AMENDMENT CPA 3-85 ZONE CHANGE ZC 3-85; S & .T NPO # 7 BUILDERS Request for a Comprehensive Plan Amendment and Zone Change from C-P (Commercial Professional) to C-G (Commercial General) for a 7,9 acre site. Located south side of Scholls Ferry Road, immediately west of Greenway Town Center (WCTM 1S1 348C lot 400) Associate Planner Liden reviewed the staff report and made staff's recommendation for approval with one condition. Discussion followed regarding the traffic signal at North Dakota/Sorrento and Scholls Ferry Road. APPLICANT'S PRESENTATION o Hal Hewitt, representing the applicant, reviewed the history of the Greenway Towne Center. He explained how they would like to expand the center as Phase II with a mixed use of retail and office uses and flow it was needed to meet the needs of the neighborhood. He requested that their traffic engineer, Tom Lancaster, address the traffic concerns. o Tom Lancaster, explained he had done an independent traffic study and reviewed the impacts the proposed change would have on the area. He felt with the addition of the traffic signal at Scholls Ferry and Sorrento Road would mitigate any increase traffic caused by this development. PUBLIC TESTIMONY a Richard Boberg, NPO N 7 Chairperson, explained that the NPO had reviewed this project. Originally the vote was 4-3 against the change, however, after more review the vote had changed to 6-1 against the change. They felt this would create strip development along Scholls Ferry Road. The NPO would like to see the property remain zoned CP as they had decided upon during the Comprehensive Plan process. o Bob Johnson, S & J Builders, partners in the developers of Meadow Creak Apartments, explained that they had selected their site because of the immediate access to retail space. High quality apartments and high density put a high demand on retail sites and he supported making additional retail property available. o John Harris, Morning Hill Association, supported the NPO recommendation. - According to the Comprehensive Plan, more commercial property was not needed. He felt the change would cause a strip zone.. a ri .r PLANNING COMMISSION MINUTES April Z, 19e5 Page 4 ff t t REBUTTAL o Hal Hewitt, distributed photos of the area, a diagram of the what the proposed expansion would look like, and an aerial photographs depicting the Commercial properties along Scholls Ferry, from Hwy. 217 to SW North Dakota. PUBLIC HEARING CLOSED o Discussion followed regarding surrounding zoning, traffic flow, and locational criterial (CG 8' 1 A). o Commissioners Leverett, Campbell, ;Bergmann, and Peterson favored the proposal. Commissioners Fyre, Vanderwood, and Moen had mixed feelings. Commissioner - Butler opposed, he felt it violated the locational criteria. Commission Owens reviewed the history of the NPO and their concerns at the time of the original NPO 7 plan. Commissioner Bergmann moved to approve and Commissioner Leverett seconded to forward a recommendation for approval to City Council Also, they directed staff to take into consideration previous use requirements when the Greenway Towne Center was originally constructed. Motion passed by majority vote, Commissioners Butler, Fyre, and Owens voting no. 5.5 COMPREHENSIVE PLAN AMENDMENT CPA 1-85 and ZONE CHANGE 1-85 ALLISON Request to amend the Plan designation from the Central Business District to Medium High Density Residential and subsequently changing the zone designation from CBD (Central Business District) to R-25 (Residential, 25 units/acre) for a 2 acre parcel. Associate Planner Liden reviewed the proposal and made staff's recommendation for approval. APPLICANT'S PRESENTATION o Kenneth Allison, 6445 NE Union Ave. Portland, explained that he had nice quality apartments and did not want the quality to be destroyed by having a commercial structure built up to the property line. He felt his property had originally been zoned residential and he would like to have it rezoned to residential to protect the livability of the apartments. PUBLIC TESTIMONY o Carolyn Eadon, NPO N 1 Representative They did not have a recommendation as they had not reviewed the project. PLANNING COMMISSION MINUTES April 2, 1985 Page 5 o Joe Van Lom, Architect, 34 NW 1st, Portland, stated that the applicants primary concern was buffering. Presently their is nothing in the Code to protect this residential use from the commercial use. He was also concern with the 'noiseproblemswhich would be created with commercial development. o JB Bishop, 10505 SW Barbur, Suite 303, opposed the zone change from CSD to residential. He stated that the properties were not very wide and needed the ability to build with 10 feet of the property line. He reviewed the history of Mr. Allison site and added that they would be providing adequate buffering through the PD requirement. REBUTTAL o Mr. Allison stated that the Code was designed to protest people and felt his tenants should be protected with a 30 ft, setback. , which is what would be required between a commercial and residential zone. PUBLIC HEARING CLOSED o Discussion followed with staff on how the site had become zoned CBD * Commissioner Fyre moved and Commissioner Vanderwood seconded to forward CPA 1-85 and ZC 1-85 to City Council with recommendation for approval. Motion carried by majority vote. Commissioner Leverett, Campbell, and Bergmann voted no. 5.5 PLANNED DEVELOPMENT PD 1-85 & ZONE CHANGE ZC 5-85 MAIN STREET LAND Request for Conceptual Plan approval for a 221,000 square foot retail center on a 20.3 acre property and for a Zone Change from R--12 (PD) Residential, 12 units./acre) to CBD (Central Business District) for a 3.19 acre parcel on the southeast side of Ash Street. Associate Planner Liden reviewed the project and made staff's recommendation for Conceptual approval of the Planned Development and denial oftheZone Change. APPLICANT'S PRESENTATION o JB Bishop, 10505 SW Barbur, Suite 303, reviewed the history of the project. He expressed his need to have the Zone Change to allow employee parking as well as parking for the Fanno Creek Park. He also explained why he need conceptual approval tonight, otherwise there would be no project. o Grigsby Christopher, of Brun, Moreland, Christopher Architects, reviewed the layout of the project and the design features used to protect the abutting property owners. o JS Bishop continued that they would be applying for a Sensitive Lands r; Permit. Also, the project has more land, however, the ratio of *land to parking is decreased has well as ratio of retail space to land has descreased. PLANNING COMMISSION MINUTES April 2 1985 Page"5 ( o Dave Larson, McKenzie, Saito Engineering, was available to answer` engineering questions: o Kevin Langford, Costco, stated that the Costco would be hiring 160 employees, 55 % full time and 45 % part time. Also they would 'only be makingdeliveries between the hours of 7:00 AM and 1:00 PM only Monday through Friday. Commissioner Owens left 12:00 midnight PUBLIC TESTIMONY o Carolyn Eadon, representing NPO 0 1, explained that the NPO only reviewed this project last Friday night. They had voted 4 to O with one abstention against the zone change and voted 2 to 2 with one abstention for conceptional approval. They requested thata condition be _placed in the staff report that the 6 foot fence between the residential and commercial area be in place prior to construction. Their other concerns were for the barrier on Ash Street being removed, they f(.,It the Commercial area should be kept isolated, and that the streets should have sidewalks and bikepath. o Discussion followed among Commission as to whether the hearing should be set over. - o President Moen moved and Commissioner Owens seconded to set the meeting over to a date certain. Motion failed, Commissioner Leverett, Campbell, Vanderwood, Fyre, and Butler voting no. o Discussion followed regarding the zone change. o Associate Planner Liden reviewed concerns from Commissioner Butler regarding Park issues. He reviewed letter from Mr 6 Mrs. Mc8ath, Mrs. & Mrs. Saub, Mr. & Mrs. Johnson, and Bruce Clark of the Economic Development Committee.- 0 ommittee.o Jeanne Caswell, Tigard Chamber of Commerce, supported the proposal for three reasons. 1. Goal identified by Chamber and Economic Development is to establish a heartland for the community; 2. Costco would provide consumers with cost savings; and 3. Would provide employment. They also supported the zone change because it would provide parking for the park and would give the city more park lanr' a GI ria Johnson, 9300 Hill Street, opposed the zone change. She stu__J they had fought hard to get the property zoned R-12 and wanted it maintained. She was concerned about the project's traffic flow, air quality, and noise factor. o Emmet Whitaker, 13250 SW Burnham Ct., stated that the Costco' has limited membership,, which would not provide shopping for all residents. Also, the average age of employee of Costco are college age" or younger. No was also concerned about the noise and traffic circulation. PLANNING C "ISSION MINUTES, April 2, 1905 Page 7 ( o J. L, Gehrong, 13215 SW Ash Drive, has been a resident for 19 years and wanted to be sure there would be adequate buffering between the single family and commercial zone. He did not want to see Ash Ave. extended. REBUTTAL o JB' Bishop reviewed the design of the project and how they were protecting the single family neighborhood with buffering. Also they would be 'installing sidewalks on Ash. , The Ash Ave. would not be removed, other things had to occur before that could happen. He reference the DEQ report and added that the loading would take place at least 50 or more feet from the single family residential PUBLIC HEARING CLOSED o Commissioner Leverett, Campbell, Fyre, Vanderwood, Bergmann, and Peterson, favored conceptual approval and approval of the zone change with a deed restriction that it could only be developed as parking. o Commissioner Butler opposed the zone change, and favored the Planned Development. o Commissioner Moen opposed the Planned Development as lacking vision. He favored the previous approval. He felt they were right back to the big box and the sea of cement concept. # Commissioner Vanderwood moved and Commissioner Leverett seconded to approved conceptual approval of PO 1-85, adding the condition at the the issues of grading shall be addressed with the Park Board and location of the pedestrian bike path would be coordinated. Motion carried by majority vote, Commissioners Fyre and Moen voting no. e Commissioner Campbell moved and Commissioner Leverett seconded to approved ZC 5-85 with a Deed Restriction to limit the use of the parcel to parking based finding that it meets the statewide goals and section 18.66.030 of the Community Development Code. Motion carried by majority vote, Commissioner Butler, Moen, Fyre voting no. 6. OTHER BUSINESS 7. ADJOURNMENT 1:00 AM Secretary Diane Jelderks ATTEST: A. Donald Moen, President 1162P PLA4NING COMMISSION MINUTES April 2, 1905 Page 8 4 TIGARD PLANNING COMMISSION SPECIAL MEETING APRIL 16, 1985 1. Vice President Owens called the meeting to order at 7:38 PM. The meeting was held at Fowler Junior High LGI Room - 10865 SW Walnut. 2. ROLL CALL: PRESENT: Vice President Owens; Commissioners Butler, Fyre, Vanderwood, Bergmann, and Peterson. ABSENT: President Moen, Commissioners Leverett and Campbell. 3. APPROVAL OF MINUTES o Commissioner Butler noted spelling errors to be corrected. d B Bishop requested changes be made to his testimony as reflected in the transcript. * Commissioner Peterson moved and Commissioner Butler seconded to approve the minutes as corrected. 4. COMMISSION COMMUNICATION o Vice President Owens stated she had received a call from David Oringdulph prior to the meeting and would make her comments at the end of item 5.1. 5. PUBLIC HEARINGS 5.1 SUBDIVISION S 3-85 KRUEGER DEVELOPMENT C0./OR-AK CORP. NPO U 7 Request to divide a 10.7 acre parcel into 63 lots ranging from 5,000 to 6,000 square feet. Located west side of 135th Ave. between S.W. Morning Hill Dr. and S.W. Winter Lake Drive (WCTM 1S1 33C, lot 1000) Associate Planner Liden explained that the applicant, after receiving the staff report, had submitted a new proposal with only one access. He made staff's recommendation for approval with 16 conditions. Also, he explained that Engineering would like to see an LID for 135th, however, the applicant was willing to put an 2" overlay from the project to the intersection of 135th and Scholls Ferry Road. APPLICANT'S PRESENTATION o Gordon Hobbs, OR/AK Corp, 13050 SW Forest Meadows Way, Lake Oswego, Ore. requested approval for the single family development. They concurred with the staff report and were available for questions. o Russell Kruger, 3515 SW Barbur Blvd. Y-1, Portland, 97201, submitted an aerial photo of the area and noted where the sewer and water was available. Discussion followed regarding the overlay the applicant_ had offered to place on 135th. PLANNING COMMISSION MINUTES April 16, 1985 Page l g - PUBLIC TESTIMONY o Mildred David, Rt. 1 Box 378, Beaverton, had questions regarding the traffic impact this development would have. She opposed the development. _o Gail Stover, Rt. 1 Box 381, was also concerned about the traffic impact on 135th .and .Scholls Ferry. She wanted to know where the proposed 135th/Scholls Ferry/Murray Blvd. Extension would be. o Evelyn Karls, Rt 1 Box 382, Beaverton, was concerned because she had never been notified of this development or the Comprehensive Plan Amendment, which was heard on April 2nd. Also, the property which is being proposed for the Commercial Neighborhood site is swamp land six to seven months out of the year. o Discussion followed regarding the notification Staff explained that an error had been made, however, , the parties not ' notified were in attendance, also staff would be postponing the Comprehensive Plan Amendment'- Hearing from April 22nd to May 6th, so that another notification could be set to a corrected list of surrounding property owners. o Vice President Owens, explained that she had received a call from David Oringduiph, who was unable to attend because he was out of town. He had requested that a wallor fence be placed on -135th to protect the back yards of the proposed lots. He also felt there should be full street improvements rather than just an overlay. REBUTTAL a Gordon Hobbs stated they were proposing 62 homes and that the Murray Road Extension is not a part of this project. The development is only on 10.6 acres of tax lot 1000, and the rear access was for future development of the property. They would be willing to install a fence, if required, along 135th. Also, they would be glad to do full street improvements through the LID process with the help of Mr. Oringdulph and that LID would also deal with the 135th/Scholls Ferry interchange. PUBLIC HEARING CLOSED o Discussion followed regarding the 135th/Scholls Ferry intersection. Staff explained that Scholls Ferry Road is a State Highway and that the intersection of 135th is high on the State Highway Division's priority list. Lengthy discussion regarding the LID and overlay followed.' Commissioner Bergmann moved and Commissioner Vanderwood seconded for preliminary plat approval of Subdivision S 3-85 subject to the conditions in the staff report based on staff's findings and conclusion. Also, to authorize staff to prepare the final order and for Vice President Owens to sign that final order. PLANNING COMMISSION MINUTES April 16, 1985 Page 2 he 100% bond. Also, he didn't dike o Commissioner Butler stated he e daidn't like condition number 100 felt the City should require "the condition number 11, he felt it should be amended to say northern boundary of the property to Scholls Ferry * Commissioner Butler mer 10 to rrssionequire yre Bann 100%k performance amend the oved and Co motion to change condition numb er 11 to ;read "the northern boundary bond and to amend condition numb of the property.'" amending the motion. o Further discussion followed regarding motion as * `Dice President Owens called for e tothree, Commissionervote on amendings Bergmann, made. Motion failed three Vanderwood, and Owens voting no. * Vice President Owens called for the vote on the original motion made b Commissioner Bergmann, and seconded by Commissioner Vanderwood. Y Comm � Motion carried by majority vote, Commissioner Butler voting no- PLAN ZC 5.2 COMPREHENSIVE PLAN AMENDMENT CPA 5-85 AND ZONE CHANGE NPO $85 CITY OF TIGARD ght A request for a Plan Amendment efrom C(Comme(Commercial Professional) toil-P Industrial and a Zone change tg Washington County Tax Maps and Lots: (Industrial Park) on the 011 v 3702, 3703, 3800, 3801, 3900, 4100; Map 2S1 iDC, lots 1100, 3700, 400 401, 401A1, 500, 600, 700, 701, 2S1 1DD, lots 100, 101, 200, 300, 701). Associate Planner Liden reviewed the history of the properties and to IP, however, several different explained .the different concerns which he had received. Staff felt the best compromise was to change the zoning options would be appropriate. He read a letter form Pacific Wester, whom opposed the zone change. PUBLIC TESTIMONY Tigard, representing Hyster, 7000 SW Sandburg, o Steve Finney, were already an industrial use. They had complied explained that they now with current zoning, with the Code at the time of construction, they can't expand. RFD Publications, Inc. , 6960 SW Sand the Street, o Tarry Miller, but was concerned that the code Tigard, would like to expand, required 25% landscaping. They were not even sure if the existing property is in conformance with the Code. discussion o followed regarding the landscaping requirements Lengthy of getting a Variance. and the possibility arding which properties o Discussion followed regshould be rezoned and the options available. '� FLANNINGCO241ISSION MINUTES April 16, 1985 Page,3 t PUBLIC HEARING CLOSED * Commissioner Bergmann moved and Commissioner Peterson seconded to forward CPA 5-85 and ZC 6-85 to City Council and recommend that the following be changed to Industrial Park: Wash. Co. Tax Map 2S1 1DC, lot 1100; Map 2S1 IDD, lots 100, 200, 300, 401, 701, and 702. RECESS 9:15 PM RECONVENE 9:30 PM 5.3 VARIANCE V 8-85 CITY OF TIGARD NPO # 3 Request for a Variance from section 18.164.070 of the Community Development code which requires that sidewalks be constructed to City standards. ' The variance, if approved, would allow the, requirement for sidewalks in front of lots 39, 40, and 41 on SW Novare Ct. to be waived. i Director of Community Development Monahan reviewed the history of the variance and 'made staff's recommendation for approval with one condition. Discussion followed regarding location of sidewalks. PUBLIC TESTIMONY o Dennis Stolarski, 11160 SW Novare Ct., lot 41, asked who had opposed granting the variance. Staff stated that Mr. Saylor had opposed. o Irwin McCuen, 11170 SW Novare Ct., lot 40, stated they were the first people to move and did not know that a sidewalk was required. Discussion followed. o Commissioner Vanderwood asked why there was opposition. Staff explained the concern was for the safety of children. Discussion followed. PUBLIC HEARING CLOSED o Commissioners Bergmann and Fyre favored and Commissioner Butler, Vanderwood, and Peterson were concerned for safety. * Commissioner Vanderwood moved and Commissioner Bergmann seconded to approve Variance V 8-85 with one condition based on staff's findings and conclusions. Also, to request staff to prepare a final order and have Vice President Owens sign the final order. Motion carried by majority vote. Commissioner Butler voting no. 5.4 COMPREHENSIVE PLAN AMENDMENT CPA 6-85 and ZONE CHANGE ZC 7-85 CITY OF TIGARD - JIM CHATTERLY NPO # 5 Request for a Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential and a Zone Change f rom R-4.5 (Residential, 4.5 units/acre) to R-7 (Residential, 7 units/acre). Located on the southwest �` corner of Bonita Road and SW 79th Avenue. (WCTM 2S1 12BD lot 2900). Lu;a PLANNING COMMISSION MINUTES April 16, 1985 Page';4 a a s i Associate Planner Liden reviewed the history of the site stating that the property owner had a letter from the City verifying that he would retain i his 5,000 square foot lot zoning. Also NPO # 5 had reviewed the application with only three members and had no objections. PUBLIC TESTIMONY Wilsonville, Oregon, Barron' Construction, had a o Les Balsiger, PO Box 388, copy of the letter staff had referredto. He would be bringing a subdivision' application forward if the Commission approved- the change requested. PUBLIC HEARING CLOSi:D o Commissioner Vanderwood had some concerns about rezoning the property. She felt it was the intent of the NPO to have the property zoned R-4.5 during the Comprehensive Plan process. ® Discussion followed regarding the expired subdivision plat. * Commissioner Peterson moved and Commissioner Bergmann seconded to forward CPA 6-85 and ZC 7-85 to City Council with a recommendation for approval. Motion carried by majority vote, Commissioners Butler and Vanderwood voting no. AMENDMENT ZOA 3-85 COMMUNITY DEVELOPMENT CODE 5.5 ZONE ORDINANCE Request amend section 18.68.030, 18.68.040, and 18.40.020 of the- t Community Development Code. Associate Planner Liden reviewed changes being proposed and recommended forwarding the changes to City Council. PUBLIC TESTIMONY o Larry Abel, 502 SW College, Portland, 97201, supported amending section 18.42.020 as proposed by staff. Discussion followed regarding painting and repair shops. PUBLIC HEARING CLOSED O Commissioner Fyre was concerned on how to control Auto Body Shops versus Paint Shops. * Commission Vanderwood moved and Commissioner Peterson seconded to forward ZOA 3-85 to City Council supporting staff recommendation. Motion carried by majority vote, Commissioner Fyre voting no. o Commissioner Fyre requested concerns be forward to City Council pLANNING COMMISSION MINUTES April 16, 1985 Page 5 6. OTHER BUSINESS 6.1 o Associate Planner Liden stated that he had received a request for a time extension for Park Place Phase I, (S 8-83PD). Discussion followed. Commission Butler moved and Commission Owens seconded to approve a six month time extension for Park Place Phase I, file number` S 8-83 PD. Motion carried unanimously,by Commissioner present. 6.2 o JB Bishop requested that changes be made to his final order. Staff explained :that this was not the appropriate time or place to correct a final order. Amendments could be made to the final order at the City Council hearing on May 29, 1985. 7. Meeting Adjourned-10;45 P.M. Diane M. Jelderks S cretary ATTEST: Bonnie Owens, Vice President 1269P PLANNING---COMMISSION MINUTES April 16, 1985 Page'6 • .. .`�f�'. ��,a + - �ear T�+ �, • zip<�tii>�'�' N M N a P T M V e0 P � O O M .p a0 p� e•e • O, N M O, tl tl O N N V M '• •. . �. •e w a tl N p •-� O •D d .p h tl tl O M M ^+ M go ri fn �.r 3 w • N A p N OI V N N N .0 M M R ,r R YC4N w h IH 00 40 CM 3� e b O � .1 , MM i N N 8 N N N N (q N u f4 Yol ZO + d r M N M •. im oil 0, O N V' eo O O M1 p 8 N M N •,O•+ i 1 e I ..7 ■ N y •f M Oe M M •O N `O O •° M h C3, 1 1 •y p al "� m .•• M P M M A ep PI +► N N M M Ztj �{ m N • O tl O .• P .y .� M N e.• O b O� M P h > it ,•My O e0e •ay aD .�.. h P 0 h �p b r N t t• Xy y P N V e••1 V 40 N N A 'O 0� O 0o O . U ey a0 MM h O� O. 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Gallons X yr-to-date $- Amount Account Number PWWW 132 .8 0571 2,489 ..7. 10_21200-611 PWST 332 .2 142! 2 ,628.5 10..21300-611 PWSS 20.0 009 330. 1. 10-21500-611 PWP 119. 1 051 1 , 149 .0 10-21400-611 ADM 14 .8 006 327 . 7 10-32000-61I ENG. 116.4 QS4 1 ,071.9 _ 10_Z2400-611 BLDG 96.9 04 856.9 10.92200-611 PD 1 ,353.0 .580 12 279.5 10-11200-611 1 . PD 115 .4 049 1,205 .6 10-11300-611 I P.W. Admin. 18 .6 10.21100-611- Fin. & Serv. 8.5 004 73.9 10-12100-611 Municipal Ct 8 .6 004 14 .3 10-13000-611 Plan. & Deva 1.4 001 10 .3 10-22300-611 a.„,or & Coun. 14 .4 006 25 .0 10-31000-611 Accounting 3. 2 10-12200-611 TOTAL 2 ,333.5 22 ,481 . 2 _ CC: Frank Currie GALLONS IN: 3,456. Jerry McNurlin Capt. Jennings GALLONS OUT: (2 .333.5) Cpl. Meyers NET: Accounting Now- 5/ 7/85 tb PUBLIC WORKS OPERATIONS Date. April 1985 HaLnten-ance Report YEAR TO DATE - CURRENTMONTH (Apr ) Pilo PD TOTAL PWO PD TOTAL Oil 28 .00 12 . 75 40 . 75A97 - 50 727 .81 Tires 36.43 2 .0. 38.52 297 .51 1 701.93 114 Haint. Labor Kaint. Parts 86.45 52.56 139 .01 993. 73 428 .00 1 421 . 73 Repair Labor Repair Parts 618.94 187.9 806.85 0,050.92 3 ,308.55 13 359 .47 Outside Repair 19 .0 19.00 1 , 193. 73 636.05 1 ,829 . 78 FUEL 997.2 1,552 . 1 2 ,549 ,33 0,048.03 14434 .87 25 ,482 ,90 TOTAL 1, 786.0" 1 ,807.4 3,59.3.46 3,081.42 2 739 .71 44 ,821 . 13 s CC: Frank Currie Jerry McNurlin Lt. Scheeler Clap t. Jennings :..1 '.1 now 5/ 7/85 tb' t CITYOF T167A D MONTHLY REPORT WASHINGTON COUNTY.OREGON DATE: April 1985 OPERATIONS OFFICE WASTE WATER: 2. 1. 2 7 .5 hrs T.V. Inspection 19 .0 hrs Storm Drain Repair 30. 0 hrs Sanitary Sewer Clean .5 hrs Santiary Repairs 72 .5 hrs Community Service labor 1.5 hrs Smoke Test 3.0 hrs Catch Basin 2 .0 hrs Flooding 4 .0 hrs Ditching STREETS : 2. 1 . 3 60.5 hrs Street cleaning 159 . 0 hrs Patching 40. 0 hrs Painting & Street Marking 73.25 hrs Sign Maintenance 94.5 hrs Brushing & Limbing 37.0 hrs Grading & Rocking PARKS: 2 . 1.4 GREEN THUMB LABOR 134 .0 hrs Mowing 158 .0 hrs Mowing 2 .0 hrs Irrigation Maint . 1 .0 hr Irrigation Maint . 58.0 hrs Restroom Maint . 21 .5 hrs Restroom Maint. 4 .0 hrs Ballfield Maint. 3.0 hrs Ballfield Maint . 7.0 hrs Building Maint. 6.0 hrs Building Maint . 8.0 hrs Rec . Eq. Maint . 3.0 hrs Rec . Eq . Maint . 1 .0 hrs Landscaping 1 .0 hrs Landscaping 12 .5 hrs Trails Maint. 16.0 hrs Community Serv. Labor SUPPORT S'ERVICKS: 2 .1 .5 33.25 hrs PM on Equip. 161. 25 hrs- Sched. Repairs 9 .5 hrs Uns-ched. Repairs _21. 75 hrs. Fahrication 22 .5 hrs General Support A *F 12755 S.W.ASH P.O..BOX 23397. TIGARD,OREGON 97223 PH:639-4171 sv s�3 f TRANSPORTATION ADVISORY COMMITTEE MEETING OF APRIL 18, 1985 MINUTES MEMBERS PRESENT: Wilbur Bishop Milton Fyre Joe Schweitz Thomas J. Sullivan Lidija Balodis MEMBERS ABSENT: Homer Hamlin Robert Kempter Mark Padgett STAFF PRESENT Frank Currie The meeting was called to order by Chairman Sullivan at 7:40 P.M. at City Hall meeting room. The minutes were approved with corrections. On Page 2, paragraph 4 down should read "Economic Development" instead of "Park Board" and _paragraph 6 down - should be extended with "assigned to be explored by Homer Hamlin. Frank Currie reported on the urban area City--County road status and budget distribution. He also distributed prints with Tigard and vicinity street plan to the members of the committee. The plan showed portions of roads and streets {marked in yellow) which were eligible for City maintenance. Beef Bond Road, Bull Mountain Road, Walnut Street and Greenburg Road were marked in blue, and are long distance travel access streets that lead Washingtan County traffic into Tigard, and are not to the city's benefit, and should be maintained by Washington County, and remain under their jurisdiction. He urged Committee members to do on-site investigation in order to become familiar with travel distances, road conditions, access communities, area zoning and other data by observation. It was determined to gather for such a field inspection preceding May 2, 19e5 meeting at 5:30 P.M. , at Tigard City F Hall. t After site investigation, Committee will be able to expand the criteria for this suggested City-County responsibility division. Taking over additional portions of roads and streets has an unavoidable disadvantage, since same € budget has to be distributed, thus lowering standards. ` Discussion on this matter followed, with frank, Joe and Tom participating. Lidija Balodis has visited Engineering Department, and reported that Engineering files are accessible to the public during office hours. Frank Currie reported on the outcome regarding City of -Tigard street improvements and projects submitted for ODOT 5-Year Plan Priorities. Consideration for inclusion in the ODOT 6-year program has been given to most t of the submitted projects. TTAC Minutes 4/18/85 page_2 Frank also mentioned that Bruce Clark, former City Administrator, has resigned from Technical Policy Advisory Board. Tom Sullivan and Milton Fyre will consider volunteering for this opening. Discussion for future involvement and action of this Committee_ followed. Those' participating in this discussion were Joe, Tom, Milton, Frank and Lidija. We should expand our view and look into regional and immediate area set-up and problems when involved in particular detail. Committee should be aware of Regional Transportation impacts! When does Transportation Advisory Committee look into the situation? Most of the time staff will recognize a problem and `then present it to the Committee for advice and Counsel. At present, we have to familiarize ourselveswithplansand procedures. We have to gest as much knowledge and understanding as possible for the S.W. Corridor Study, since this involves all of the Tigard area. Council Work Program Plan and Priori::ies have to be studied to familiarize with existing situation, and arrive at best objective judgement,' The possibility of a transportation forum for earlier in the year was suggested again and discussed, Bruce Warner, Deputy Director of Land Use and Transportation, Washington County will be invited to speak at a future meeting. Meeting Adjourned 9:40 P.M. Respectfully submitted: Lidija Balodis, Secretary Pro Tem 3 (LB:br/1297P) ILv_ a F k rpli �C oone 639-9511 12568 SW Main•Tigard. Or.97223 MONTHLY REPORT April 19$5 T0: LIBRARY BOARD CITY COUNCIL FROM: CITY LIBRARIAN WCCLS: City Managers and librarians met April 5 to discuss funding after June 30 when the current levy expires. It was moved and passed to recommend to the Citizens Advisory Board that the Washington CountyCooperative Library Services (WCCLS) be placed on the ballot for a` $2.4 million (first year) fixed rate levy for 'three years. No recommendation was made regarding placing the issue on the May or June ballot. The Citizens Advisory Board met April 6 and moved to recommend to the County Commission that the serial levy as proposed by WCCLS be placed on the June ballot. The County has not acted on the recommendation. Tigard Art Club Gift: On April 4, the Tigard Art Club formally presented a painting ` (still in progress) to the City to be hung in the new library. ' Walt Munhall, Chair- man of the Library Board, accepted the gift on behalf of the City.- The painting, when finished, will show Tigard's Main Street in the early 19001s with a composite of buildings which have stood on the street at some time. G.A.S.S.: The Friends of the Library under the leadership of Helen' Steyaert held its first annual Gigantic Annual Sale Spectacular (G.A.S.S.) April 12, 13, and 14. The final accounting was approximately $6,600. The money is earmarked for furnishing the new library and children's materials. l Read-In: To celebrate National Library Week, 25 persons participated in a Read-In on April 20, from 10 AM to 5 PM. A comfortable reading chair was provided for the readers who read from The Oregon Trail by Francis Parkman, in 15 minute increments. Each reader autographed the book beneath a plate which proclaimed the event. Each participant was also asked to select a book to go into the collection. These books will also have a plate indicating the reader and the event. Personnel: Rosemary Woltring and Valerie Yunker were hired as temporary part-time aides, bringing part-time strength back to prior level following the resignation of Colleen Asp and Judith Kent. Thirty-five volunteers gave a total of 288.5 hours; daily average, 11. Staff time, 20 hrs. Five community service assignees worked 119.5 hours; daily total, 4.6. Staff time, 5 hrs. Library Board members gave 15 hours. Youth Services: Spring storytime began April 17 and one storytime in April was con- ducted by a volunteer. Attendance averages around 10 children per session. A parenting workshop, Helping Your Child Learn to Read and to Keep Reading, was con- ducted by Chas. F. Tigard learning specialist, Jo Strawn, in conjunction with the National Library Week celebration, "A Nation of Readers." Children also got to join in the celebration by registering their favorite doll or stuffed toy for an honorary library card. : They received a reading record to keep track of books read and could receive a certificate when five or more books were read. Work Indicators: April 19$5 Apsil 19$4 Adult Materials 6133 6611 Juvenile Materials 2649 2773 TOTAL 8782 9384 Days of Service' 21 20 Average Daily Circulation 418 469 AU Increase/Decrease Circ (Daily) -10% Reference/Reader's Advisory 325 - 5� Storytime 4II0 25 (2 sessions) 74 (8 sessions) Special Programs 164 (8) Materials Added/Withdrawn 697/280 360/7 Borrowers: New/Renewal 175/95=270 222/I19=341 `i Mom CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 20, 1985 AGENDA ITEM #: DATE SUBMITTED: May 15, 1985 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Approval of Mower & Sewer Cleaner Specifications PREPARED BY:Operations-Community Development RE@UESTED BY: JM Ar DEPARTMENT HEAD OK: ... CITY ADMINISTRATOR POLICY ISSUE INFORMATION SUMMARY Attached are the specifications for the mower and the sewer cleaner equipment, as approved in this year's budget. ALTERNATIVES CONSIDERED 1. Approve as attached for advertisement. 2. Remove from consent agenda and bring un at future Council date. SUGGESTED ACTION 4 -" Approve specifications as, attached for advertisement. S� BIDDERS INSTRUCTIONS Each bidder shall submit his proposal on the enclosed form , along with a copy of the proposed equipment specifications, current literature, guarantee and a separate list of "excep- tions'" if any, to the Public Works Operations Superintendent, of the City of Tigard, Oregon 97223, by no later than 10:00`A.M. DST, Mondays June 3 198 Failure to submit within- the specified time or failure to include any; of the information requestedmaybe cause for rejection. Within thirty (30) calendar days after opening of the pro- posals, the City of Tigard will accept one of the proposals or will reject;all bids. The acceptance of the proposal will be by notice in writing, mailed to or delivered at the office designated in the proposal. Return bids in a sealed envelope, plainip marked "Bid for a�nnwdthe date an time of bid opening in the lower left hand Horner. The successful bidder, simultaneously with the receipt of the purchase order will be required to furnish a faithful performancebondin an amount equal to one hundred percent (1002) of the purchase order amount. . s 4 _Ym sem- - TERMS AND CONDITIONS 1 . Inspection of delivery will be made at the delivery point, unless otherwise specified . 2. All containers or reels are to remain, the property of the buyer unless otherwise specified. 3. The buyer is exempt from any sales, excise or Federal transportation taxes. 4. The Purchasing Agent may grant additional time for deliv- ery when the buyer is at fault or if he is satisfied the delivery is beyond the control of the vendor. Such grant must be in writing and made, part of the order. S« Rejected material will be returned to the vendor at the ventor's risk and expense. 6• Materials must be properly packaged. Damaged material will not be accepted. ' 7« It is agreed that 8 goods delivered shall comply will all Federal, State. or local laws relative thereto, and that the vendor shall defend actions or claims brought and save harmless the buyer from loss, cost or damage by zeas- on of actual or alleged infringement of letters patent. 8. Bidder shall insert unit price and extension opposite each item. 4 4. Trade discounts will be a factor in determining the success- ful bidder. 10. A bidder offering foreign made merchandise must so indicate in his bid. 11 . All prices must be F.O.B. delivery point„ Where specific pur- chase in negotiated F.O.B. shipping point, the vendor must prepay shipping charges and add to invoice. 12« The award of _tte bidswillbe decided by the Purchasing Agent. 13. Where the unit price and the extension price are at variance, the unit price will prevail . 14. The buyer reserves the right to reject any ,or all bids, to waive any informality, when in the opinion of the purchasing Official it is to the best interest of the buyer to do so. 15. Samples must be furnished where required. NNW SPECIFICATIONS GENERAL CONDITIONS All bidders shall submit a proposal to furnish one as specified and delivered to the City of Tigard, Oregon. The bidder shall provide necessary operator and service train- ing of his equipment upon delivery to the City of Tigard. The cost of training shall be borne by the bidder at no additional cost to the City. _ The bidder shall list on a separate sheet of paper any varia- tions from or exceptions to, the conditions and specifications of this bid. This shall be clearly labeled "Exception to Sid Conditions and Specifications" and shall be attached to the bid,.' All parts or materials not specifically mentioned in these speeLfications, but which are necessary to- provide a complete unit, shall be included in the bid price. All parts, labor and material shall be of the best grade available. Equipment furnished shall conform to State and Federal safety and highway regulations. All equipment or materials proposed to be furnished shall be new and unused. Unit must be in compliance with Federal and State occupational safety and health regulations. GUARANTEE The vendor warrants and guarantees the unit herein specified, including all materials and against failure to operate satis- factorily for atisfactorily- for a period of one year from the date on which the unit is placed in service, but not to exceed a period of two years from the date of acceptance of the unit, other than defects or failures shown by the vendor to have arisen solely from accident or abuse occurring after delivery to the City of Tigard, and agrees to pay for all parts and repairs, which. in the opinion of the City of Tigard, shall fail from the above reasons. DETAILED SPECIFICATIONS FOR TRUCK Bidder' s Minimum Comparable I. Chassis Specification Specification A. Manufacturer 1. Model Number 2. Year New and unused 3. Cab Style _Cab-over B. Capacity 1. GVW 27 ,500 2. Front axle capacity 8,500 3. Rear axle capacity 19 .000 4. Wheel base 5 . Cab to axle measure- ment easurethent -_ 6. From, spring capacity 8,500. -_ 7. Rear spring capacity 19,000 C. Engine 1. Model 4 Cycle 2. Cylinders 8 3. Piston displacement 350 4. Brake horsepower - - _5 Full flow oil filter Required 6. Air ele,�iner Dry Type -- Diesel 7. Fuel ti Bidder 's ' Minimum Comparable Specifications Specifications D. Transmission 1. rake 2. Model 3. Type Automatic 4. Speed 4 S. Torque b. P.T.Q. Required E. Differential 1. Two speed Y 2. Gear. ratio 3. Rear Axle v" F. Brakes 1 . Service brakes Air. 2. Size 3. Lining area 4. Parking brake Air 5. Auxiliary parking Required brake G. Steering E 1. Power steering Required H. Electrical 1., Alternator 100 Amp w 75 Amp s 2. Battery r. Y�, Bidder 's Minimum Comparable Specifications �Pecifications I . Tires 1 . Number 6 2. Size 10 :00 x 20 12 _ply, 3. Rims Budd type 4 . Spare not required S. Tread design Highway J. Fuel Tank 1 Capacity - 50 gallon 2. Number of tanks 3 Mounting IL Overall Vehicle A. Dimensions 1 . Overall width 8' maximum 2 . Overall height B, Driving factors 1. Maximum over-the-road speed 55 2. Outside turning radius C. Accessories 1. Ash tray Required 2. Back-up lights Required 3. Bumper - with two tow hooks Required 4. Dome light Required -5 Clearance lights Required ' 6. Defrosters dual Required Bidder 's Minimum Comparable f Specifications �ecifications 7. Seat Bench u/tilt back 8. Directional signals with hazard switch Required 9. '_ Engine hour meter Required 10. Headlights, multiple beam with floor dimmer switch Required 11. Heater, hot water Required 12. Indentification lights Required 13. License plate brackets w/lighted rear frame Required 14. Mirrors, two sides West Coast w/bottom convex --�- 15. MudflapsRequired = lb. Sun visors, padded Required 17 . Windshield washer Required 18. Windshield wiper, two speed Required 19. Odometer Required 20. Fuel gauge Required 21. Ammeter Required 22. Water temperature gauge Required 23. Oil Pressure Gauge Required 24. Arm rest Required Located at cleaner _25. Tachometer Operator station ZIZ Literature -A. Owner's and Operations Manual One required t,. B. Service Manual one required C. Parts Manual one required Bidder' s Minimum Comparable Specifications Specifications IV. Appearance A. Primer Number of Coats One B. Paint White with 1 stripe each of Rogers 08-9026 ] Color green , Rogers #8-30042 Tan __ _ _ . o r-e q u i`v a 1:Wri C'------ 2. Number of Coats i each C? { 4 b y ...3J`.Ni.. '3,^- =t DETAILED MINIMUM SPECIFICATIONS FOR SEWER CLEANER A. Capability of Unit. I . ,Capable of cleaning pipes 4" through 36" 2, Capable of nozzle pressure of 1900 'psi, 60 gpm with 500 ' Of 1" I.D. hose 3. Must be operable in all types of weather including temp- eratures to 100 degrees and sub zero. 4. Capable of cleaning lines to 1000' in length, B. Design I . Water tank and component shroud shall not exceed top of cab width by more then 2", 2• Must have all weather cover over operator station and con- trol panel, 3. Entire unit will be mounted on seperate frame to facilitate removal from truck chassis . 4. Shall be operable from PTO from front engine. 5 . Shall have open tray's extending full length of unit each side. on 6. All space between front of unit and rear wheels will be Utilized by enclosed metal boxes with lockable hinged doors. Also the space behind rear wheels to back of unit will be so utilized. One of the 'enclosed areas shall be water tight for the use of carrying lunches, clothing & etc. C. Water Tank I . Shall have 1500 gallon capacity. 2 . Shall be fabricated of 10 gauge steel internally coated to prevent rust. 3. Shall have a V bottom with drain at lowest point of V. 4. Sufficient baffles in tank to Ing, starting and turning, prevent surging when stopp 5. dater filter between tank and pump. 6• Capable of being filled from both sides with air gap to meet State and Federal Safety Standards. 7. 4" overflow device . 9. Removable, water tight lid on top to facilitate entry. D. P�0. dater level indicator at operators station.0 p 1 Rated at 60 QPH at 2,000 PSI E. Auxiliary Engine I. N/A F. P.T.O: Unit 1. All controls will be mounted at operators station and will include emergency shutdown. 2. Electrically operated throttle control. G. Hose and Reel 1 . Will have capacity of 1,000' of 1" I .D. hose. 2. 1,000' of 1" hose in no less than 506" lengths, one of which will be installed on reel. ` 3. Hose will have 2,000 PSI operating pressure. C. Hose and Reel (cont 'd) 4 . Burst pressure to comply with State ,and Federal Safety requirements. Minimum 6,000 lb 5 . Hose color- orange . 6. 10' of wire bound lead hose with appropriate fitting. H.Hose Reel Hydraulic System 1. Hand lever operated flow control valve. variable speed regardless of load variations. 2. Tank will have shut off valve on inlet and outlet . 3. oil filter on retura side of tank. 4 . Oil filter gauge 5. Oil `level gauge or dipstick 6. Drain at bottom of tank. ; I. Lights 1. Rear mounted, reel back, hand held 12v. spot light. 2. Light over control panel for night operation. 3. Clearance lights on unit to meet safety stand. J. Nozzles, Hand Quns & Accessories 1. 1 each standard stainless steel 12 hole 35° , 6 hole 35° :with forward jet, 6 hole 15 , sand and grit . 2. House service cleaner kit with 100' of 11" hose, 35° nozzle, reel. 3. 2 each easement kits 4. 1 each handgun with 25' hose. K. Literature 1. 2 each owner/operator manuals (Truck & Unit) 2. 1 each repair manual (Truck & Unit) 3. 1 each parts manual (Truck & Unit) 4. 5 year limited water pump warranty 5,; 5 year limited warranty on split shaft PTO and water tank. 6. One year warranty on entire unit. L Appearance 1. Primer one coat. 2. Paint colon co-ordinated with truck. r Im - . UILAq BIDDERS INSTRUCTIONS Each bidder shall submit his proposal on the enclosed form along with 'a copy of the proposed equipment sPecifications, current literature, guarantee and a separate list of "excep- tions," if any, to the Public Works Operations Superintendent, of the, City of ,Tigard, Oregon 97223, by no later than 10.00 A.M. DST Mondav,itme 3 1985 Failure to submit within the specified time or failure to include any of the, information requested may be cause for rejection. Within thirty (30) calendar days after opening of the pro- posals. ro posals, the City of Tigard will accept one of the proposals or will reject all bids. The acceptance of the proposal will be by notice in writing, mailed; to or delivered at the office designated in the proposal x Return' bids in a sealed envelope, plainly marked "Bid for Gang Reel Mower/'Tractor and the date and time of bid opening in the lower left hand corner. The successful bidder, simultaneously with the receipt of s' the purchase order will be required to furnish a faithful performance bond in an amount equal to one hundred percent (100X) of the purchase order amount. .c yam. t 4: TERMS AND CONDITIONS 1. Inspection of delivery will ,be made at the delivery point , unless otherwise ,specified. 2. All containers or reels are to remain the property of the buyer unless 'otherwise specified. 3. The buyer is exempt from any sales, excise or Federal transportation taxes, 4 . The Purchasing Agent may grant additional time for deliv- ery when the buyer is at fault or if he is satisfied the delivery is beyond the control of the vendor. Such grant must be in writing and made part of the order. 5. Rejected material will be _returned to the vendor at the ventor's risk and expense. 6. Katerials must be properly packaged. Damaged material will not be accepted. T. It is agreed that goods delivered shall comply will all Federal, State, or local laws relative thereto, and that the vendor shall defend actions or claims brought and save harmless the buyer from loss, cost or damage by yeas- on of actual or alleged infringement of letters patent . S. Ridder shall insert unit price and extension opposites each item. 9. Trade discounts Will be a factor in determining the success- ful bidder. 10. - A bidder offering foreign made merchandise must so indicate in his bid. 11 . All prices must be F.O.E . delivery point. Where specific pur- chase is negotiated 1'.0.8 . shipping point, the vendor must prepay shipping charges and add to invoice. 12. The award of tie bids Will be decided by the Purchasing Agent. 13. Where the unit price and the extension price are at variance, the unit price will prevail 14. Thebuyerreserves the right to reject any or all bids , to , waive any informality, when in the opinion of the purchasing official it is tothebest interest of the buyer to do so. �. 15. Samples must be furnished where required. h SPECIFICATIONS _GENERAL CONDITIONS _ All bidders shall submit a proposal to furnish one 15_f= self-contained Gane Reel Mower/Tractor as specified and delivered to the City of Tigard, Oregon. The bidder shall provide necessary operator and service train- ing of his equipment upon delivery to the City of Tigard. The cost of training shall be borne by the bidder at no additional' cost to the City. The bidder shall list on a separate sheet of paper any varia- tions from; or exceptions to, the conditions and specifications of this bid. This shall be clearly labeled "Exception to Bid ` Conditions and Specifications" and shall be attached to the bid. All parts or materials not specifically mentioned in these specifications, but vhi-ch are necessary to- provide a complete unit, shall be included in the bid price. All parts, labor and material shall be of the best grade available. Equipment furnished shall conform to State and Federal safety and highway regulations. All equipment or materials proposed to be furnished shall be new and unused. Unit must be in compliance with Federal and State occupational safety and health regulations. GUARANTEE The vendor warrants and guarantees the unit herein specified. including all materialsandagainst failure to operate satis- factorily for a period of one year from the date on which the unit is placed in service, but not to exceed a period of two years from the date of acceptance of the unit, other than defects or failures shown by the vendor to have arisen solely from accident or abuse occurring after delivery to the City of Tigard. and agrees to pay for all parts and repairs, which. in the opinion of the City of Tigard, shall fail from the above reasons. 5/ 15/85 tb SPECIFICATIONS For one ( 1) 15-foot self-contained Gang Reel Mower/Tractor of t describe a 15- It is the intent and purpose Mower io n sufficient detail to secure foot self--contained Turf Tractor Mo bids on all comparable manufacturer' s makes . All parts not specific- ally mentioned, which are necessary to provide a complete 15-foot self- contained Turf tractor Reel Mower shall standardSproduction byhed and be cmanu- in the bid cost . Unit shall be new, facturer, current year, latest model . Engine: Engine shall be diesel , four (4) cylinder. Air cleaner to be large capacity dry-type with replaceable element and a pre-cleaner., Engine cooling system shall have a heavy duty radiator capable of cooling engine while operating in a 950 weather. clutch- foot-operated with torsional dampener Clutchshall be heavy-duty-type; for smooth engarement . Transmission: our (4) speed forward, one ( 1) speed reverse$ Transmission shall be f synchromesh shifting in second, third and fourth gears . Drive Axle: Drive axle shall be heavy duty standard by manufacturer . Brakes Brakes shall be heavy duty by manufacturer. SteeringAxle:- Steering axle shall be welded construction steel I-beam with center pivot, front wheel steering. Tires/Wheels- Front: Wheels shall be standard drop center with four-ply flotation type turf tires . Rea Wheels shall be dual semi-drop center, demountable rims with A six-ply flotation type turf tires. z 5/ 15/85 pg 2 Steering: Front wheel type with power steering. Electrical : Electrical system shall be 12 volt. Alternator with integral solid state , voltage regulator. Ignition switch to be dash-mounted key type , with neutral start interlock switch , clutch must be depressed when starting engine . Fuel Capacity: Fuel tank shall be able to operate tractor for eight (8) hours without < fill-up. Instrument Panel: Instrument panel shall include speedometer with odometer, hour meter, fuel, water temperature and oil pressure gauges, and ampmeter. Hower Frame and Hydraulic System: Cutting unit width- shall be a minimum 14 feet-mowing maximum 96"-transport . Raising and Lowering All Cutting Units : Units shall be capable of raising and lowering in any sequance hydr- aulically. Main Frame : Main frame shall be tubular and structural steel-bolted and electri- cally welded construction . Wing. Lift Arms: Wing lift arms shall be tubular steel , reinforced welded construction . Hydraulic Reservoir: Hydraulic reservoir shall be able to have the capacity to operate all required hydraulic functions. Hydraulic Pump: Hydraulic pump shall be gear type. d Hydraulic Hoses: A11 ' hydraulic hoses shall be two braid with swagged fittings. r' 5/ 15/85 pg 3 Hydraulic Oil Filter: ~ ' Hydraulic oil filter shall be, replaceable cartridge with a by pass . Hydraulic Control Valves: Hydraulic control valves shall be heavy duty directional control , open center, parallel circuit, stack design with hardened chrome- plated spools for corrosion protection . All hydraulic controls shall be 'located at operator's right for handling ease and con- venience of one hand operation . Cutting Units• Mower shall be seven ( 7) reel gang, simiformal turf application type, all units will be mounted in the rear of the tractor for balance. Height of cut shall have a varied range from 3/4 inch low to two inch minimum high with semi-pneumatic low profile tires, through-roller bracket adjustments offering individual setting, all units shall by hydraulically operated. Bedknife to Reel Adjustment . Bedknife to reel adjustment shall be a single-hand control located at center of read crossbar. Adjustment detent to be in one-thous- andth of an inch increments for precision setting. Bedknife Bars: Bedknife bar shall be replaceable. Reel Drive : Reel drive shall be two ground-engaged wheels to transmit power to gear train in both sides. All machine-cut hardened steel gears and a clutch idler gear. All gears shall be sealed from dirt and run in lubricant. Reels shall have throwout clutch to disengage reels for free-wheeling and transport . Rear Roller: Rear roller on cutter units shall be steel with greaseable tapered roller bearings with a double-lip oil seal and wear sleeve. Bearings: The reel, roller and wheels shall have roller bearings. Road Kit: Unit shall have head lights, tail/stop , directional lights with four-way- flasher, horn, front/near fenders, tool box, R.O.P.S. - (.roll-aver protection structure with canopy) , contour bucket-type cushioned 'seat and back rest certified for usage with seat belt, - windshield with wind-shield .wiper. miff wRaw-_ 5/ 15/$5 pg 4 Service and parts manual shall be provided at time of delivery . Warranty: Warranty shall be one ( 1) year on all parts and labor except for expendables. , PERFORMANCE DEMONSTRATION A performance demonstration may be required by the City of Tigard before acceptance of any bids at a place and time of convenience to the City of Tigard. This demonstration shall evaluate the capability of the proposed vehicle to meet or exceed the perform- ance criteria in this technical specification and safety aspect during operation. . tom..; CITY OF TIGARD, OREGON f MEMORANDUM TO: City Administrator May 8, 1985 FROM: Chief of Police SUBJECT: City of Sherwood Police Dispatching Proposal Request RE: City of Tigard Police Dispatching Services Sir: The SupportServices Manager and 'I developed a dispatching cost for the City of Sherwood. This involved a meeting with`the.Chief of Sherwood, Chief Laws, to determine what their needs were, and the time required and'materials and supplies The first year estimate (FY 85/86) was $611.99 per month or $7,339.92 annually. The following two year estimates were adjusted five per cent (.059 ) each, for inflation; i.e., FY 86/87 - $642.24 monthly or $7,706.91 annually, and FY 87/88 - $674.35 monthly, or $8,092.26 annually. (See attached work sheet): This preliminary information was. shared with the City of Sherwood, and they have decided not to pursue contracting with the City of Tigard for police dispatching at.this time. Our cost proposal was higher than the other two quotes, as per Chief Laws of Sherwood. Also, they had a concern as to how long the City of Tigard would be involved in police dispatching, with the County Central Dispatch Center under development at this time. I have taken the liberty to pursue this request as stated above .in order to save the City Council some:time and legal fees. If the proposal had been acceptable, then the proposal would have gone to the City Council with an Intergovernmental Agreement to implement the dispatching contract proposal. Respectfully, �R. Adams Chief of Police L _ 3 CITY OF SH2WOOD POLICE DISPATCH CONTRACT' COST PROPOSAL Monthly Cost Personal Services: $521,91 (Radio talk time 12 hrs. LIDS time 12 hrs. Clerical Support 3 hrs. Total 27 hrs. @ $19.33 hr.) Materials & Supplies: $ 89.75 (Paper Supplies $5/month 14% share of LEDS System, $42/month 14% share of base radio maintenance $9:25/month 1/2 of additional phone line $33,50/month) g bUNTHLY TOTAL -;1ST YEAR $611.66 (FY Cost 85/86 $7,339.92) IT 2ND YEAR (+.05%) $642.24 (FY Cost 86/87 $7,706.91) 3RD Y7vAR (+.05%) $674.35 (FY Cost 87/88 $8,092.26; The second and third year estimates may be adjusted on the City of Tigard's hourly rate, and Shex:wood's call load experience. The additional two year's estimates are adjusted for inflation by five per cent (.05€). The proposal provides all dispatch services required by the City of Sherwood Police Department. f� A t. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 20, 1985 AGENDA ITEM ##: f ' DATE SUBMITTED: May 16, 1985 PREVIOUS ACTION: 72nd Ave. Assessment ISSUE/AGENDA TITLE: SDC Rebate '6 Credit PacTrust PREPARED BY: Frank A. Currie REQUESTED BY: PacTrust DEPARTMENT HEAD OK: - CITY ADMINISTRATOR: POLICY ISSUE SDC Rebate for specific extra capacity installation TMC Ch. 3.20.020(3) and 3.20.055 (copies attached) . INFORMATION SUMMARY The attached letter from Witala Management on behalf of PacTrust requests a rebate and credit for the cost of the extra "capacity traffic signal installation at SW '72nd. Avenue and SW Upper Boones Ferry Road The cost of this signal was specifically assessed against PacTrust above and beyond their regularassessment, the same as other property owners. Section 3.20.055 specifically allows for rebate or credit against extra capacity facilities required by the City. Section 3.20.020 identifies traffic signals as eligible for extra capacity consideration. Past practice has required developers to pay varying amounts up to 100% based upon how much the need for the installation is deemed to be a direct result of the development. Staff has reviewed this particular installation and determined that the developer's interest approximate two thirds of the need for the signal, and that one third is for general public good based upon observed traffic usage. �. ALTERNATIVES CONSIDERED None SUGGESTED ACTION Staff recommends that Council recognize the validity of the request as outlined in TMC 3.20 to the extent that only one third of the cost is eligible for a rebate or credit and further that Council authorize staff to rebate SDC's already paid since the inception of the assessment approximately $15,000, and credit future SDC's up, to one—third of the signal costs, or �. approximately $22,000. (FAC/br:1372P) 1220 S.W.NSORaeaw Su u 905 225 HYALA W .�- 5O3/224-2355 MANNT" INC. March 18, 1985 Bob Jean, City Manager City of Tigard P.O. Box 23397 Tigard, OR 97223 Dear Mr. Jean: ithe Pacific Realty Associates, L.P. (PacTrust) enter,5owner locatedat SW Oregon Business Avenue and Parks i and I I ' and PacTrust Business Con. Upper Boones Ferry Road in Tigard, g With the improvements provided by the 72nd Avenue LID, the street configur- ation surrounding these PacTrust properties makes Pac7rust- a major contributor to the cost of this proj At the onset of the LID, the City CounclI decidedthatnes FerrylRoadishouIdon tbe at the intersection of SW 72nd Avenue and PP er assessed totally against PacTrust, in addition to its proportionate share of the cost of the LID. Our records show that this bdditionat assessment for the cost of the signals mounted to 566. 678.15. `r went at PacTrust Business Centrsince Development During the ongoing devePatoPrust has been required to paySystems formation of the LID, charges as a part of each individual building permit fee as listed bald: 16125 SW 72nd Avenue S 1 ,65Q.OQ Pd. 9!1/83 Bldg B, Upper venues Ferry Rd. 1 .650.00 Pd. 9/1/83 Bldg C, 16150 SW UPP 1 ,650.00 Pd. 9/1/83 Bldg D, 16165 SW 72nd Avenue ues Ferry Rd. 4,522.50 Pd. 8/27/84 Bldg E, 15250 SW Upper 5 737;50 Pd. 8I27/84 Bldg F16505 SW 72nd Avenue aid to date $15,210.00 Total Systems Dev. charges p e Is In it is the feeling of PacTrust mane eme evelopmentthat this cfor gfin such things as stems d amount to be usedInbasic city sy amount be these traffic signals. PacTrust therefore asks thatthe the signals refunded because of the special assessment already P In an amount in excess of $66,000, _or that iStemScDevelopmeedited ntacharges rbe building permit fees. We ask that future Sy waived un the cost assessed against PacTrust for this signalizafiion is reached. you to discuss this matter further. 1 loots forward to meeting with Sincerely yours, W1 MANAGE ' 47 Allom Vii la cc v erg f�.PACTRLMr WNW I t 3.20 .030--3.20 .040 (3) "Extra capacity street facilities" means those street ' improvements that are necessary for public health, safety and ;- welfare to increase vehicular traffic capacities to collector or arterial street standards on streets that are classed as z r collectors or arterials in Section 18.12.100 and/or in the Tigard Community Plan and the Neighborhood Plan supplements thereto. Said improvements include but are not limited to signalization channelization, ,widening, ;drainage work, pe- destrian safety, lighting, right-of-way acquisition, street extensions and railroad crossing protective devices. (Ord. =fi 78-53 §2, 1978; Ord. 77-26 §2, 1977) 3.20.030 Rates. A system development charge is imposed upon all lands .,withim the city of Tigard according to the demands which proposed development of said lands will place upon the collector and arterial street system serving the city of Tigard as follows: (1) Single-family residential unit $187 (2) Mobile home court space- 300 p ; - ' (3) _ Multifamily residences 300 per unit; (4) Commercial, industrial and 67 .50 per parking institutional space as re- quired by Sec- tion 18 .60.120. (Ord. 84-33 §1, 1984: Ord. 78-53 53, 1978) . 3.20.040 Payment. (a) The system development charge is immediately due and payable upon receipt of an application for building permit. The applicant for such permit shall pay, and the builaing official shall collect, the applicable system development charge prior to issuing any building permit for any new construction and/or additions, alterations or change in use which increases the number of parking ,spaces required by Section 18.60.120. The building official shall decline to issue any such permits until that charge has been paid in full. (b) Notwithstanding subsectioftAa) of this section, in those cases where application for a building permit is made for a structure which would result in a systems development charge fee in excess of five thousand dollars, the applicant may request a temporary waiver of collection from the city administrator who. is authorized to grant such a.temporary waiver. In these—ins tan ces where such a collection waiver has been grantIed, the full charge shall be paid prior to issuance of"an occupancy permit by the city and the` buildi.ng official> is 'instructed to decline to issue an occupant' permit for any structure which has received a temporary waiver until the system development charge fee is paid in full on the entire project. (Ord. 77-26 §4.- 1977) . 39-7 (Tigard 9/84) t, 3.20 .055--3 .20 .070 lineal foot of a standard local street dated An average cost Pez... the public works director and up will be kept on file by shall This cost per lineal foot be used as improve- the annually`. edging when the cost of required public standard for 3 I_ the system development charge ments quainst alify as a credit ag (Ord. 78-53 §4., 1978 ; Ord:. 77-2F, 55. 1977) . 3 .20.055 Credit for costs incurren caseskwherinQ rthe ln im rovements at time sitz development play. and architectural planning commission, director determine that certain review board or planning to protect the public health, public improvements are necessaryment of a .parcel of land safety and welfare before dofethese required improvements which may ensue, the cost of any facilities, as defined in Section are deemed extra-capacity stem develop- 3 .20.020, shall be a credit against the totalY required to per qualify as contributing ment charge that the ahaseocosts�whichuld tqualify be o d that pay. In determxning to -extra-capacity street facilities, itis-uonsibleoforpro- each property in the city is considered resp Code, vision for a standard local street (Tigard municipal 17.28.040) , sidewalk, street lighting (Portland General Section and storm drainage. An average 5 Electric's specifications) , et will be kept cost per lineal foot of a standard local stre annually. the public works director and up on, file by required public improvements qualifies This cost per lineal foot shall beusedas the standard for judging when the cost of r q ment charge• (Ord. -'` again the system develop1�77) - as a credit ag 78-53 S5 (part) 1978: Ord. 77-26 §6, There is 3.20.064 Ma or street ca ital ror streetdcapital pro- created a edicated and entitled 'mal ment om the ro ect ject fund." Al fuaceddin�the majorstreettcapem itallpp J charge are to be P accounting practices from all other fund and be segzeg 'ated by stem development funds of the city; and ;-that portion of the systemstreet c'r►arge calculated and collectedr3er thanuthose activities�nzeac- shall be used for no pureos and extending ext to the installing`, construction, essaryies 0.0 im- capacity street faciLitded in accordance with1ancapi0 l i All funds will be expend adopted and ,reviewed annually by provements program to be art) , 1978; ora. - 77-2b the city council. (Ord. 78-53 §5 (p 57, 1977) . eals. Any person who is aggrieved by any 3.20.01VJ :>A ermitted. to be made by the city adminis- decision require or Ater mayIappeal that decision to the city '# trator under this chap. uest with the city recorder, council by filing_ a written Preq adminis- describing with particula ty the decision of the city trator from which they.person app appeals. in considering the .> - (Tigard 1/15/79) 39-9 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: MaV 20,` 1985 AGENDA ITEM #: [3 DATE SUBMITTED: May 14, 1985 PREVIOUS ACTION: _5/13/85 Council ISSUE/AGENDA TITLE: Approve Requested Resolution Adopting Policy Street Vacation Policy Statement PREPARED BY: Loreen Wilson Resolution No,- 95-30 REQUESTED BY: City Council DEPARTMENT HEAD OK: Q1 CITY ADMINISTRATOR: POLICY ISSUE Adoption of Council policyr INFORMATION SUMMARY At the 5/13/85 Council meeting, staff was directed to prepare resolution adopting Council policy to be used to determine Council initiation of vacation reguests.d ALTERNATIVES CONSIOEREO 1. Approve Resolution No. 85-30 setting policy for Vacations. 2, Take no action at this time. r. : F.. . s SUGGESTED ACTION Staff recommends approval of Resolution No. 85-30 setting policy for vacations. lw/2781A MEMORANDUM t CITY OF TIGARD, OREGON TO Honorable Mayor and Council May 8, 1985 FROM: Loreen Wilson, Deputy Recorder QW SUBJECT: Approval of City Administrator's Employment Agreement Pending review during your Executive Session at the beginning of the meeting, if Council wishes to approve the agreement and resolution it must be carried forward to the Consent Agenda and acted upon in the open meeting. lw/2747A CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 5/20/85 AGENDA ITEM #: /3 - DATE SUBMITTED: 5/16/85 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Board &` Committee Appointments PREPARED BY: Donna Corbet REQUESTED BY: City Council DEPARTMENT HEAD OK: CITY ADMINISTRATOR: _ POLICY ISSUE INFORMATYON SUMMARY Council has directed the appointments to the Neighborhood Watch Steering Committee. There are four people's application attached who are recommended. They are: Tom Blair, Jill Goodhouse, Pat Sharp and John Sedey. See resolution attached also. The Economic Development Committee also needs the Mayor's designee position filled. Mayor Cook has recommended that John Savory be appointed to this position. Also see attached resolution. ALTERNATIVES CONSIDERED SUGGESTED ACTION (pm/0845p) • EE INTEREST APPLICATION CITY OF TIOARD CITIZEN COl4tITT DATE: J pS p at RES. PHONE: NAME: .� �v� 1 t a �" [o -Rte' --�` ADDRESS (RES.) : r�� o? Sri ' Bus. PHONE: �3 1�P317 SNI a �► ADDRESS (BUS.) tf< r 1 SUGGESTED BY: d'- LENGTH OF RESIDENCE IN TIGARD: WHERE DID YOU LIVE PREVIOUSLY? ov �Hd 1�6eF EDUCATIONAL BACKGROUND: cc .� , L.e- 1101 OCCUPATIONAL STATUS AND BACKGROUND: HOW LANG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? APPLICANTS ONLY IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO UNITY ACTIVITY: P PREVIOUS COMM e v' mi- OwtN�P/c�� d+� utV klllAjoo ORGANIZATIONS AND OFFICES: d ©. fi'• ww G-IIft OTHER INFORMATION (GENERAL REMARKS): 8�t�tc 1 a.v�d b T A _ BOARDS, COMMITT EES ORNPOINTERESTED IN: -- ------------- -- --------------------------------------- ---- -- ----- ----- -Date I..tervie4+ed- Date Received City Halt or NPO -at^ Board, Committee. Date AppointedOutside City City Inside (0346p). s i;iQHQ6� `CIT OF TIGA CITIZEN COMMITTEE INTEREST APPLICATION DATE: MAY NAME: Elorins 3lRdR lU, i 9f3S ADDRESS (RES.): 1032S S.k►.CrcEQIll-Ar M2_— es G rro n P,16. 9 7 2a4 RES. PHONE: L2v 4x92 BUS. PHONE: ADDRESS (BUS-): LENGTH OF RESIDENCE INTIGARD: 8 Wf4rs SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? 3SGv w:d' 1GSmAv� (oPUZANi] G'eeeQ'� 3�z3G � $res EDUCATIONAL BACKGROUND: CUG►re-tr�eev �' '� qurt�►wr2ss .�c�x' 9 rs t xN�xac - + f�=erg- , Ge. a '•h _ l n enr•�d� ,.,.,. 1 . - f'aCRano S7asF 1 seaac ,«Ckr>:cwdrrr. Tona Frlura�ow - !g yfg2s. Otero.. OCCUPATIONAL STATUS AND BACKGROUND: P.4ML SAM�nON Rwa H�xz'«F �1O`�` W1°w Pd/P)l(r C 1 Wd/R The Qlerll SfT l#lPl9te HOST LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? 30 IS THIS COMPANY LOCATEDWITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: HONe rig INT` `TQ ORGANIZA'T'IONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS): -'BOARDS, COMMITTEES OR NPO INTERESTED IN: --------------------------------_ ------ Date Received at� City Hair Date Interviewed Date APpoirted Board, Committee, or NPO Inside'_City_ Outside City Aff RECEIVED CITY OF TIGARD CITY OFTI(rARD CITIZEN COMMITTEE INTEREST APPLICATION DATE: AME: t I �bn4 �c�C.l-S 2J Na J AL)DR£SS (RES.): .3 Y� J• �• 1) - RES. PHONE: _D-02 BUS. PHONE. ADDRESS (BUS.): LENGTH OF RESIDENCE IN TICARO: Lf�a-Y'S SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? EDUCATIONAL BACKGROUND; r 1 OCCUPATIONAL STATUS AND BACKGROUND: HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS): -rY BOARDS. COMMITTEES OR NPO INTERESTED IN: ------------------ Date -Received at City Hall Date Interviewed Date;Appointed Board, Committee. or NPO , Inside City- -,, , Outside City (03k6p) r ,.[TY OF TIG;A' RD CITIZEN COMMITTEE INTEREST APPLICATION e DATE: S ( S.S NAME. RES. PHONE:CA (p,�O "�D�o� S � •n ADDRESS (RES.): Imo_ BUS. PHONE: ADDRESS (BUS.): CXVl.1 SUGGESTED BY: LENGTH OF RESIDENCE IN TIGARD: WHERE DID YOU LIVE PREVIOUSLY? � t;2 a v e S C. {�' EDUCATIONAL BACKGROUND: rrA,.-. Q ^- g G a wt j + it� •{ ���Jed b. yy OCCUPATIONAL TATU�AND BAClCGROUNDk r e- -. 0 • C,-� O Oppd0 P KOH LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? LS THIS COHPArp( LOCATED WITHIN YGUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS CDKMU ITY ACTIVITY: i c.- O C 1'CA ^ \/,"-I AI4eeC_ ` l C ��� ORGANIZATIONS:AND OFFICES: re �+LJ OTHER INFORMATION (GENERAL REHARKS): 3 a 'BOARDS. COMMITTEES OR NPO INTERESTED IN: _y _ --------------------- ______ Date Interviewed Date Received aC City-Ha11 Board Committee, or NPO Date AppointedOutside City ' Inside City (O3G6p) CITYOFTIGARD CITIZEN COMMITTEE INTEREST APPLICATION DATE: dFO" P3 NAME: -,..�®fel u F• E,S� (,('. �A Z RES. PHONE: l2U—�SS9 .ADDRESS (RES.): � ' r r � t1 L..6tJ®O D 10 LO BUS. PHONE: ADDRESS (BUS.): SLP. LENGTH OF RESIDENCE IN TICARD: SUGGESTED BY: � WHERE DID YOU LIVE PREVIOUSLY? EDUCATIONAL BACKGROUND: P OCCUPATIONAL STATUS AND BACKGROUND: - j�7 �'�" , ,�•� ���,�"� mt Ft G_ leg L L- HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? y IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS): BOARDS, COMMITTEES OR NPO INTERESTED IN: ----------- -------------------- -------------- Date Received at City Hall 4 Date Interviewed 3 Date ,Appointed Board. Committee. or NPO ' Inside City Outside City (0346p)' - �-x � t z J CITY OF TIGARD, OREGON f-- RESOLUTION NO. 85- A RESOLUTION OF THE CITY OF TIGARD, OREGON, ESTABLISHING A NEIGHBORHOOD WATCH ADVISORY COIMITTEE. WHEREAS, the Neighborhood watch Committee program to date has been an informal citizen volunteer group assisting the Police Department in the implementation and management of the Neighborhood Watch Program; and WHEREAS, the Committee has worked successfully with the police department in this program to reduce crime in the community; and WHEREAS, the City Council desires to continue the endorsement of active citizen involvement in community programs. NOW THEREK)RE BE IT RESOLVED by the Tigard City Council that: 1. The Neighborhood Watch Steering Committee is hereby established; 2. The Neighborhood Watch Steering Committee objective is to prevent neighborhood crime in coopetition with the Tigard Police Department, working as a team in this undertaking; 3. The Neighborhood Watch Steer$ng Committee shall be comprised of five (5) members who have been active participants in the various neighborhoods relative to the Neighborhood Watch program; 4. The Neighborhood Watch Steering Committee shall make an annual progress report to the City Council or otherwise directed by the City Council; 5. The Mayor, subject to approval by the City Council, shall appoint the five (5) members of the Committee; all members shall be a resident of the City and receive no corpensation'. A Chairman, Secretary, and a Treasurer shall be elected by the membership; i C,. �r a � ` 6. The Neighborhood Watch 'Steering Ccmnittee shall make rations to the ' City Council for replacementd Ccnrdttee meners as I needed, and consistant with City Council policy. a i z PASSED: This ��� L qq'TtI day of , 1985 yor - City of Tigard ATTES Am- ( 3 } Deputy City Recorder - City of Tigard Resolution No. 85-a ` MEMORANDUM CITY OF TIGARD,'OREGON E TO: Mayor and City Council May 16, 1985 FROM: Bob Jean, City Administrator SUBJECT: Beaverton Tigard Councils' Meets Based on the discussion between the Mayors and Council Presidents of Beaverton and Tigard, a joint Councils' dinner meeting has been tentatively scheduled for Wednesday. July 10, 1985. All but one Beaverton Councilor can attend. If this meets with your approval, a Consent motion to approve would be appropriate. (BJ:pm/0844p) r k MEMORANDUM CITY OF TIGARD, OREGON t c T0: Honorable Mayor and City Council May 15, 1985 FROM: Bob Jean, City Administrator , SUBJECT: Executive Session Labor Relations shop Based on your comments, we have tentatively set Tuesday evening, June 21, 1985, for a dinner workshop on Labor Relations from 6:00 to 10:00 PM. If this meets with your approval, please accept this memo by- Consent Agenda motion to call 6/11/85 Executive Session. 8 lw/2783A r NIP_z. IN CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF May 20, 1985 AGENDA ITEM #: DATE SUBMITTED: May 16, 1985 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Easement From Tigard School District for Summer— PREPARED BY: Frank A. Currie Creek Overflow Channel'. REQUESTED BY: Frank A. Currie DEPARTMENT HEAD OK: ,_ CITY ADMINISTRATOR POLICY ISSUE Implementation of Capital Storm Drainage Plan. INFORMATION SUMMARY The City required U.S.A., as part of the Scholls Ferry trunk sewer construction, to ,provide overflow channels consistent with the Master Drainage Plain. One such channel is on School District property within the floodplain. (SL Corps of Engineers, State Division of Lands). The attached is an easement for that channel. ALTERNATIVES CONSIDERED None SUGGESTED ACTION Accept attached easement from the School 0istrict and authorize the City Recorder to sign. (1374P) o o s May_ 14, 1985 Dear Frank: Enclosed are two copies of the Easement Agreement signed by the ,Board Chairman and the superintendent. I am assuming the appropriate City officials will sign these and we will receive one for our files If there are questions, please lee me know. Sincerely, Larry Hibbard • a c # ! # 4.x;3` INDIVIDUAL-GENERAL PARTNERSHIP PERMANENT CREEK OVERFLOW CHANNEL EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT TIGARD SCHOOL DISTRICT 23J hereinafter called the Grant ors, in m Of No consid0eration for t 1 11 he)aufrom ,the City of dollars 0 Tigard, hereinafter called Grantee. great and convey unto the City of Tigard a reconstructing,` operacing, maintaining, perpetual easement for constructing, inspecting and repairing of an creek overflow channel and appurtenancest trees together with the right to remove, as necessaryr ed parcelvegetofland�lsituated in and.other obstructions on the following of6Qregon: the City of Tigard, Washington County, See Attached Exhibit "A" IT IS EXPRESSLY UNDERSTOOD that this ease eeent does not ronvey +ny rig�oK title or interest except those expressly stated in this easement, otherwise prevent Grantors from the full use and dominion thereover; provided, however, that such use shall_not interfere with the uses and purposes of the intent of the easement. IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors assigns should cause said eaesment to be vacated. the rights of s uccessaocee 1n the above-described easement will be forfeited and shall the - their successors and assigns in the case immediatelyrevert to the Grantors, of such event. the above-described and granted. premises unto said TO NAYS AND TO HOLD Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the grantor(*) has (have) hereunto met 19s (her) (th ir) hand(*) and seal(*) this 13th day of May , (SEAL) (SEAL) (SEAL) (SEAL) STATE OF OREGON ) as. County of Washington ) e�s BE IT REMEMBERED, that on this �3�t 19 day of i-��'��� —� ' Public in and for the State of Oregon, before me, the undersigned Notary personally appeared the within-named DAN/E'C DEZBE1dT iy+✓c`LL who is are known to me to be the identical individual(a) described in and who executed the within instrument and acknowledged to me that he (she) (they) w executed the same freely and voluntarily. IN TESTIMONY WHEREOF, 119vry`hereunto s my hand and seal Clsis �• �L day Nota y Public for Or goa 3 ,�� (NOTARIAL SEAL) My omsission Expire __ 9 da Apprcved as to form this y of By= LY, - City Attorney - ity of Tigard ' Approved as to legal description this L20 _day of �Tlg-:�By• City Engineer - City of i Approved this . 6 day of YZ la to 29.$�• IAity CIL. CITY OF TICARD. OREGON a By (021gS) ecorder City of Tigard EXHIBIT "A" A 25 foot wide strip of land located in the Southeast Quarter of Section 34. Township l South, Rznge 1 West and the Northeast Quarter of Section 3, Township 2 South. Range 1 West, W.H., City of Tigard, Washington County. Oregon; said strip being also a`portion of Trach II as described in that certain deed to School District No. 23J (Tigard) recorded in Deed Book-813 Page 427,_Washington County Deed Records, the centerline of said strip being - more particularly:described as follows: Beginning at a point on the north line of said tract 11 that is North 84'45' West, on said north line, 140 feet from the centerline of S.W. Tiedeman Avenue (County Road No. A-55) thence South 55'15' West 180 feet to the terminus of said centerline. (RC:pm/02185) Al • - - ,. x_ 1,;y'n ji 2A iw = u ho r d w ' O CY LA ILUI !V 3 hJ }may i x�r NO ' �'.. U► Ali!1 � of 44 ul� 04 T- 7ti j >n S { X C'. 1 `�u►s 4 ' : s� r dt'Jo LA Ul OL cl-,p 1 ;0 - o us o y<y� SS l' kr C' Z =� ti w�a �ti- I