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City Council Packet - 11/18/1985
®r TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate STUDY & BUSINESS AGENDA sign-up sheet(s). If no sheet is available, NOVEMBER 18, 1985, 7:00 P.M. ask to be recognized by the Chair at the start FOWLER JUNIOR HIGH of that agenda item. Visitor's agenda items are 10865 SW WALNUT asked to be to 2 minutes or less. Longer matters TIGARD, OREGON 97223 can be set for a future Agenda by contacting either the Mayor or City Administrator. 1. REGULAR MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non--Agenda Items: Motion to approve as amended. 2. VISITOR'S AGENDA (2 Minutes or Less, Please) 3. COMMISSIONER ROGERS' VISIT 4. ORDINANCE NO. 85- SOUTHERN PACIFIC CPA 11-85 RATIFICATION S. ORDINANCE NO. 85- H£INICKE INSTRUMENTS CPA 12-85 RATIFICATION 6 ORDINANCE NO. 85- SIDEWALK POLICY ADOPTION o Legal Counsel 7. 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: 7.1 Approve Council Minutes - November 11, 1985 7.2 Receive and File Community Development Land Use Decisions 7.3 Approve Resolution No. 85-2tL Ratifying CPA 13-85 - US Creditcorp Application Denial 7.4 Ratify Election Results From 11/5/85 Election 7.5 Receive and File Boardmanship Draft Manual and Update 7.6 Deny Refund Request - William Baldwin - MLP 5-85 7.7 Accept Greenway Dedication - Waverly Construction - SW O'Mara near the Senior Center 7.8 Accept Street Dedications, and Nonremonstrance Agreements for Street and Sanitary Sewers - Wolf - SW McDonald near SW 93rd. 7.9 Accept Street Dedication - S & J Build-rs - SW 121st & Scholls Ferry 8. NON-AGENDA ITEMS: From Council and Staff 9. CIVIC CENTER PROJECT REPORT o City Administrator and Committee 10. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d) & (h) to discuss labor relations and current/pending litigation issues. 11. ADJOURNMENT ' lw/3418A COUNCIL AGENDA - NOVEMBER 18, 1995 - PAGE 1 T I G A R 0 C I T Y C 0 U N C I L REGULAR MEETING MINUTES - NOVEMBER 18, 1985 - 7:00 P.M. 1. ROLL CALL: Present: Mayor John Cook; Councilors: Tom Brian, Jerry Edwards, and Ima Scott; City Staff: Bob Jean, City Administrator; Bill Monahan, Community Development Director; Steve Crew, Legal Counsel; and Loreen Wilson, Deputy City Recorder, 2. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS a. City Administrator requested the following changes to the agenda: Add: 7.10 - Receive and File TMEA/OPEU Contract 7.11 - Approve Resolution No. 85-95 - 401A Retirement Plan Amend: 7.2 - Amend to add Community Development Land Use Decisions For Receive and File Add: 8.1 - Position Authorization For "A" Level Building Insp. 8.2 - Council Calendar Review 8.3 - Receive and File Chief of Police Resignation Notice b. Councilor Scott requested the following items added to Non--Agenda: Add: 8.4 - Open Meeting For Personnel Rules Discussion 8.5 - Request For Community Survey Results 8.6 - Conflict of Interest/Library Board Member C. Motion by Councilor Brian, seconded by Councilor Edwards to amend the agenda as requested. 3. VISITOR'S AGENDA: No one appeared to speak. 4. COMMISSIONER ROGERS' VISIT: Commissioner Rogers was unable to attend, item will be rescheduled. 5. ORDINANCE NO. 85-42 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT (CPA 111-85) AND ZONE CHANGE (ZC 13-85) PROPOSED BY SOUTHERN PACIFIC INDUSTRIAL DEVELOPMENT COMPANY. a. Motion by Councilor Brian, seconded by Councilor Scott to adopt. Approved by unanimous vote of Council present. 6. ORDINANCE NO. 85-43 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT (CPA 12-85) AND ZONE CHANGE (ZC 14-85) PROPOSED BY HEINICKE INSTRUMENTS CO. AND DECLARING AN EMERGENCY. a. Motion by Councilor Scott, seconded by Councilor Brian to adopt. Approved by unanimous vote of Council present. Page 1 - COUNCIL MINUTES - NOVEMBER 18, 1985 s 7. SIDEWALK POLICY ADOPTION a, Legal Counsel reported that due to current court rulings, it is necessary for the City to impose the duty and cost to repair of the sidewalks on the abutting property owner. This does not change current policy, but better defines where the liability rests (with the property owner). He stressed that this was a on, and that the Council must determine legal viewpoint and opini the policy issues. b. City Administrator stated that if current code is preferred then the City will have to create a sidewalk inspection program and He sidewalk replacement program. This would be a costly plan. recommended adopting Legal Counsel's recommendation based on current court ruling. C. ORDINANCE NO. 85-44 AN ORDINANCE ADDING TO THE TIGARD MUNICIPAL CODE, CHAPI ER 15.08 SIDEWALKS, SECTION 15.08.020 MAINTENANCE AND REPAIR OF PUBLIC SIDEWALKS ARID REPEALING SECTION 7.32. 100 FAILING TO REMOVE ICE OR SNOW, AND DECLARING AN EFFECTIVE DATE. d. Motion by Councilor Brian, seconded by Councilor Edwards to adopt. Approved by unanimous vote of Council present. 8. 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: 8.1 Approve Council Minutes - November 11, 1985 8.2 Receive and File Community Development Land Use Decisions I 8.3 Approve Resolution No. 85-94 Ratifying CPA 13-85 - US Crediteorp Application Denial 8.4 Ratify Election Results From 11/5/85 Election 8.5 Receive and File Boardmanship Draft Manual and Update j 8.6 Deny Refund Request - William Baldwin - MLP 5-85 8.7 Accept Greenway Dedication - Waverly Construction - SW O'Mara near } the Senior Center 8.8 Accept Street Dedications, and Nonremonstrance Agreements far Street and Sanitary Sewers - Wolf - SW McDonald near SW 93rd. I, 8.9 Accept Street Dedication - S & J Builders - SW 121st 6 Scholls t Ferry 8.10 Receive and File TMEA/OPEU Contract 8.11 Approve Resolution No. 85-95 - 401A Retirement Plan Change a. Motion by Councilor Scott, seconded by Councilor Brian to approve Consent Agenda as amended. Approved by unanimous vote of Council present. Page 2 - COUNCIL MINUTES - NOVEMBER 18, 1985 � SON 9. NON-AGENDA ITEMS: From Council and Staff 9.1 position Authorization For "A" Level Building Insp. Community Development Director requested Council approve upgrading "C" Level Building Inspector to an "A" Level Building Inspector to handle the workload. He stated that the appropriation in the FY 85-86 budget is sufficient to cover the increased salary. After lengthy discussion, Councilor Brian moved to authorize a second regular full-time Inspector III/"A" Level position and eliminate the Inspector I/"C" Level position. Motion seconded by Councilor Edwards. Motion approved by a 3-1 majority vote of Council present. Councilor Scott voting nay. 9.2 Council Calendar Review City Administrator reviewed the Council Calendar noting the Joint meeting with City of Beaverton is scheduled for 12/18/85. He suggested that Council reschedule the workshop set for 1/17/86 and 1/18/86 to the 10th and 11th so the whole Executive Staff would be able to attend. Staff also suggested a meeting time in the afternoon. Consensus of Council was to approve the date change to the 10th and 11th of January, however, the time for the meeting will be determined later. 9.3 Receive and File Chief of Police Resignation Notice City Administrator presented a memo from the Chief of Police stating his plans to retire 7/16/86. He will be on retirement leave starting 1/20/86. City Administrator discussed alternatives to consider for recruitment. Council consensus seemed to be favoring the hire of a new Chief before July. Council will discuss this issue in detail at the 12/2/85 meeting. 9.4 -- Open Meeting For Personnel Rules Discussion Councilor Scott requested the Personnel Rules Discussion be held in open meeting. City Administrator stated that since the TMEA/OPEU Contract has been ratified that Council would have to discuss these issues in open meeting. Discussion followed regarding the process to be used to review and revise the Rules. Council will turn in their notes and concerns to the Administrator by 11/22/85. Consensus of Council was to hold 1 workshop with the consultant in open session to study the drafted working copy. Councilor Edwards expressed concern that this item be accomplished by 4/1/86. ss 19 page 3 - COUNCIL MINUTES - NOVEMBER 18, 9.5 — Request For Community Survey Results Councilor Scott requested copies of the comments noted on the Community Survey forms. City Administrator reported that staff is pulling the information together, but the volume of responses will take some time to process. 9.6 — Conflict of Interest/Library Board Member Councilor Scott requested Walt Munhall resign from the Library Board due to conflict of interest with his current position of Civic Center Inspector. City Administrator stated Legal Counsel could look into the conflict of interest charge. He noted since the Library Board is advisory only, there may not be any "conflict of interest" involved. Councilor Scott noted that though there may not be a "legal" conflict of interest she felt this was ethically wrong. Councilor Brian stated he disagreed with Councilor Scott's position. RECESS: 8:10 P.M. RECONVENE: 8:18 P.M. 10. CIVIC CENTER PROJECT REPORT a. City Administrator discussed several issues with Council and the Civic Center Advisory Committee. Committee Members Present were: Valerie Johnson (Chairperson), Carolyn Eadon, Craig Hopkins, and Susan Mueller. Landscaping: There is no money in the Civic Center budget for any landscaping other than lawn. Donations are being encouraged. Parking: Since the code amendment did not receive Council approval, the gravel parking is not allowed at the Civic Center. City Administrator noted there is a need for 26 more paved spaces to handle current number of employees. After lengthy discussion, consensus of Council was to authorize Administrator to negotiate with Contractor to pave the gravel areas and allow him to spend up to $10,000 for the additional work. RECESS: 8:46 P.M. RECONVENE: 8:48 P.M. Page 4 — COUNCIL MINUTES — NOVEMBER 18, 1985 i 21. EXECUTIVE SESSION: The Tigard City Council went into Executive Session under the provisions of ORS 192.660 (1) (d) & (h) to discuss labor relations and current/pending litigation issues. 12. ADJOURNMENT: 9:40 P.M. 4Deputy City Recorder — City of Tigard ATTEST: ' r Mayor — Ci Tigard LW/3452A C f s , t 1 t. page5 COUNCIL MINUTES NOVEMBER 18, 1985 TIMES PUBLISHING COMPANY Legal P.O.BOX 370 PHONE(503)684.0360 Notice 7-6554 BEAVERTON.OREGON 97075 Legal Notice Advertising City of Tigard • © Tearsheet Notice '/'q UFo PO Box 23397 p Duplicate Affidavit e Tigard, OR 97223 AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )as. 11 Theresa Butcher being first duly sworn, depose and say that 1 am the Advertising Director,or his principal clerk,of the �'i a ar 3 T i m� a newspaper of general circulation a defined In ORS 193.010 and 1413.020;published at_---i Tamar ..--In the aforesaid county and state;that the a printed copy of which is hereto annexed, was published in the entire issue of said newspaper fore 1 _successive and consecutive in the following issues: iVQY tuber Subscribed to before me this Nov• �$�— • Notary Public for Oregon My Commission Expires: 9/20/88 AFFIDAVIT - � CITY OF TI:GARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed ti STATE OF OREGON ) County of Washington) ss City of Tigard ) �LtQ- L, � being first duly sworn, on oath depose r and say: That I posted in the follo 'n public d conspicuous places, a copy of Ordinance Numbers) ��'��, ': 44A which were adopted at the Council Meeting dated copy(s) of said ordinance(s) bein hereto attached and by reference made a part hereof, on the _LZ_ day of /�!t:{ i 1 �1 1). 1985. C�-h Cj ilke- 2 C/ � Subscribed and sworn to before me this ,:25-t1Aay of d '� 1985. r Y Notary Public for Oregon _ My Commission Expires: . Via. .... ORDINANCES BY THE TIGARD CITY COUNCIL At the meeting of CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Mal.ter of the Pr-oposc�d STATE OF OREGON ) County of Washington) ss City of T' rd ) I being first duly sworn, on oath depose and s That I posted in the following public and conspicuous places, a copy of Notice of Ordinance Consideration for the Council Meeting dated /Z—Ig—2.5- a .5-a copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the _ZLr-,L day of hh 1985. n f, � IZ7ss S vew� 121 Subscribed and sworn to before me this day of Nc�1�� 1985. T�4 ' •- Notary Public for Oregon g My Commission Expires: ? Gr i 3. ORDINANCES TO BE CONSIDERED BY THE TIGARD CITY COUNCIL ' At the meeting of i E i AGENDA ITEM H — VISITOR'S AGENDA DATE (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. NAME 6 ADDRESS TOPIC STAFF CONTACTED CITY OFTIGARDO OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 18 1985 AGENDA ITEM #t: L� DATE SUBMITTED: November 12, 1985 PREVIOUS ACTION: 10/28/85 Council ISSUE/AGENDA TITLE: GPA 11-85/ZC 13- Hearin 85 CPA 12-85IZC lit-85• CPA 13-85/ZC PREPARED BY: Keith Liden 15-85 REQUESTED BY: DEPARTMENT FiEAD OK CITY ADMINISTRATOR: -- -' POLICY ISSUE INFORMATION SUMMARY At the October 28. 1985 Council hearing, Comprehensive Plan Amendment/Zone proposals for Meinicke Instruments (CPA 12-85/ZC 14-85) and raved�andh Change ern the Pacific Industrial Development Co. (CPA i1-85/ZC 15-85) were app per the Council's motion. The Comprehensive ordinances have been prepared as Plan Amendment Zone Change (CPA 13-85/ZC 15-85) for Rosebud riate Enterprises/U.S. o. Credit Load Service was denied by the Council and the appropriate resolution has been prepared. 1 w.r=•Lee:L c, ..y _i W, ' { t' ,� ALTERNATIVES CONSIDERED i f G i SUGGESTED ACTION Review and approve the documents. (2121P) a mS.1.10 T . w aa�ya �..,yt a. 8�Op °p aMw IT. O � • T - O� ea q� �"' .... yp w °a `�!+ � ".'pq o'� 03 q q ►»� ►� w �,����a "t4�f .: w .oTso � � �+D •„'ODgx Y Y �,o 'O ..� y . 16, Jd loll •S7w �N �.v ale ij F1 �- Y w Ts a 0. �j e, a yy yp 15 lit e a w V r 19 v a3cc � `� s MAI ra q 9 :..� a b ± � i 4kt Y W� oQyq'ii�� e Q CITY OF TIGARD, OREGON ORDINANCE NO. 85-�`�i_—y� AN ORDINANCE ADDING TO THE TIGARD MUNICIPAL CODE, CHAPTER 15.08 SIDEWALKS, SECTION 15.08.020 MAINTENANCE AND REPAIR OF PUBLIC SIDEWALKS AND REPEALING SECTION 7.32.100 FAILING. TO REMOVE ICE OR SNOW. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Council finds that recent cases decided by the Oregon Court of Appeals would render the City's existing code relating to sidewalk maintenance inadequate as to protection of the public's interest in reference to assignment of liability . Section 2: The Council declares it's intent to assign and impose the duty to maintain and repair public sidewalks, and the liability for failure to do so, on the abutting land owner. Section 3: The Council hereby adds to the Tigard Municipal `Code, a new chapter as follows: Chapter 15.08 Sidewalks Sections 15 08 020 Maintenance and Repair of Public Sidewalks It shall be the duty of all persons owning lots or land which have public Isidewalks abutting the same, to maintain and keep in repair said sidewalks and not permit the same to become or remain in a dangerous or unsafe condition. Maintenance shall include, but not be limited to, the removal of snow and ice. Any owner of lots or land who neglects to promptly comply with the provisions of this section shall be fully liable to any person injured by such negligence. Section 4: The Council hereby repeals Section 7.32.100 Failing to Remove Ice or Snow PASSED: BY vote of all Council members present after being read by number and title only, this day of 1985. Deputy City Recorder — City of Tigard APPROVED: This day of 1985. Mayor — City of Tigard (0200S) ORDINANCE No. 85- is . r T I G A R D C I T Y C 0 U N C I L REGULAR MEETING MINUTES - JANUARY 28, 1985 - 7:30 P.M. 1. ROLL CALL: Present: Mayor John Cook; Councilors: Tom Brian, Phil Edin (arrived at 8:03 P.M.), and Jerry Edwards; City Staff: Frank Currie, City Engineer; Bob Jean, City Administrator; Bill Monahan, Community Development Director; Mark O'Donnell, Legal Counsel; and Patt Martin, Deputy City Recorder. 2. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS a. City Administrator stated Councilor Scott called City Hall today stating she was ill and probably would not attend the City Council meeting. Mayor Cook had also talked to Councilor Edin who stated he would be late coming to the meeting. b. 9.1 RESOLUTION SUPPORTING CITY-COUNTY COOPERATION AND REVENUE SHARING AGREEMENTS C. City Attorney requested agenda item 8.4 be pulled and reset for a later date as this item was not ready yet. 3. VISITOR'S AGENDA a. Joe Cranford, Manager of Walnut Court Apartments, stated his tenants are complaining the noise level from the outside speaker at Wendy's is too loud to sleep and very annoying. He stated he had contacted the Manager of the local Wendy's and also the corporate office with no results. b. Nancy Gibbs, 9870 SW McKenzie N2, also stated there were complaints from her apartments regarding the noise level. She stated the speaker was aimed at the car and truck roof top level. She suggested possibly aiming the speaker towards the ground. C. Susan Rembert, 9850 SW McKenzie H2, stated she has had problems sleeping late at night because of the loud noise from the speaker. City Administrator stated he would contact both the Wendy's local manager and the corporate office to see if they could work together informally. Staff will go to the location and take a decibel reading. SIDEWALKPOLICY (Parker/Brookwell) City Engineer stated the Council received a draft ordinance in their Packets. The intent of this ordinance is to put the responsibility of maintaining the sidewalks on to the adjacent property owners. He suggested this be greatly published in the newsletter and newspaper. This issue will be brought back in the first part of March as a public hearing. i age 1 - COUNCIL MINUTES RY 28- ::, uncilor Edin arrived at 8:03 P.M. I Councilor Edwards asked if the new ordinance would give the City inspection power to do work on sidewalks if the owner does not and then charge the property owner? He stated he would not want to see this happen. City Engineer said no because standards would have to be set. City Attorney stated the Council would have to make a policy decision on who was going to maintain the sidewalks. Council consensus was to go with the draft. NOVARE STREET SIDEWALK VARIANCE Director of Community Development stated this is a unique cul-de-sac. The sidewalk would only affect the adjacent property owners and it is a short cul-de-sac. Landscaping and underground sprinkler systems have been put in the location of the proposed sidewalks. Since the City issued permits before the sidewalks were constructed, the planning staff recommends the variance be granted. Councilor Edin recommended accepting the variance for the sidewalk only. Councilors Brian and Edwards concurred. Councilor Brian moved, seconded by Councilor Edin, to grant the sidewalk variance for lots 39, 40, and 41 with the condition it will still remain public right-of-way. Approved by unanimous vote of Council present. 108TH RAVINE DISCUSSION Director of Community Development stated E1ton. Phillips was present to speak to the Council and get some guidance regarding his property. He said the ravine was a natural resource and to be preserved as per the Development Code; there was no need for a greenway/dedication because no bike path was required. Elton Phillips, 16565 SW 108th, Tigard talked of his concerns and that he felt he should not have to dedicate 100% of the floodplain. City Engineer s6owed slides of the site and stated the Hearings Officer has historically required 100% of the floodplain be dedicated. . Council consensus was that Mr. Phillips take his application to the Hearings Officer and if dissatisfied with the decision appeal to the appropriate authority. age 2 - COUNCIL MINUTES JANUARY38, Fi5 x fi "1=gOLAR ACCESS STUDY DISCUSSION n ed memo to Council s study . Council •? Director of Community Development review' s par regarding the Cityticipation in the acces a� volvement and commitment to implement discussed City staff in City would like to support the study results to the study. The but not make any commitments at this time. SUP w`ESOLUTION NO. 85-23 RESOLUTFORNTHE F THEHTI OREGON TDEPARTMENT OF PENER Y +; AND OTHERS TO SECURE FUNDING TO UNDERTAKE A SOLAR ACCESS STUDY. ,. Motion by Councilor Edin, seconded by Council Brian to approve. i Approved by 4-1 majority vote of Council, Councilor Scott voting NAY. LIC SIDEWALKS MAINTENANCE AND REPAIR ADOPTING REVISIONS r .. City Engineer synopsized history and the intent of the ordinance. He commented it does not require the property owner to repair t anything but places responsibility on the property owner. PUBLIC HEARING OPENED Mrs. Ball inquired who owned the sidewalks, and would a homeowners policy cover any liability . O Discussion followed regarding liability, assigning responsibility to the home owner and policy in other cities. PUBLIC HEARING CLOSED �"k4RDIAtRNCE N0. 85-16 AN ORDINANCE ADDING TO THE TIGARD MUNICIPAL CODE, CHAPTER 15.08, SIDEWALKS, PLACING THE MAINTENANCE AND REPAIR OF PUBLIC SIDEWALKS AND LIABILITY ON ABUTTING PROPERTY OWNERS, AND REPEALING SECTION 7.32.100 FAILING TO REMOVE ICE OR SNOW. i.': Motion by Councilor Brian, seconded by Councilor Edin, to adopt. vote of Council with Councilor Edwards Approved by 3-2 majority =a and Scott voting NAY. and reading of ordinance required. ENT AGENDA: These items are considered to be routine and may be .1ft0ted in one motion without separate discussion. Anyone may request t an item be removed by motion for discussion and separate action. 'Motion by Councilor Brian, seconded by Councilor Scott to: Approve Minutes of April 8, 1985 IL MINUTES — APRIL 15, 1985 T I G A R D C I T Y C O U N C I L REGULAR MEETING MINUTES - APRIL 22,- 1985 - 7:30 P.M. 1, ROLL CALL: Present: Mayor John Cook; Councilors: Tom Brian, Phil Edin (arrived at 8:30 P.M.). Jerry Edwards, and Ima Scott; City Staff: Bob Adams. Chief of Police; Bob Jean, City Administrator; Bill Monahan, Community Development Director; Tim Ramis, Legal Counsel; and Patt Martin, Deputy City Recorder. 2. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS a. City Administrator stated Item #6 and item #9 will be pulled and taL)led to May 6, 1985. 3. VISITOR'S AGENDA a. No one appeared to speak. 4. ASSUMPTION ORDINANCE NO. 85-12 (Second Reading) a. Councilor Brian moved, Councilor Edwards seconded, to adopt Ordinance No. 85-12. Approved by 3-1 majority vote of Council present, Councilor Scott voting Nay. 5. PUBLIC SIDEWALKS MAINTENANCE &.REPAIR ADOPTING REVISIONS ORDINANCE NO. 8516 (Second Reading) a. Councilor Brian moved, Mayor Cook seconded, to adopt Ordinance No. 85-16. a Councilor Brian questioned if the City has or has not maintained the sidewalks up to now. Community Development Director stated the City had not. Legal Counsel stated the ordinance was to clarify the Code if Council feels this is existing policy. Motion failed on second reading by 2-2 vote, Councilor Edwards and Scott voting Nay. o Mayor Cook requested this item be brought back for further consideration. 6• DISCHARGE OF FIREARMS ORDINANCE NO. 85-17 AMENDMENT a. Chief of Police gave a summary of the ordinance. fie stated a resident had come to him regarding having a business of gun smithing and to allow to have a place to test the guns. The Ordinance would allow the business under certain conditions which would be inspected by the City Building Official and Chief of Police before a business tax would be granted. ! o Community Development Director stated there would be no change in the zoning code and the Planning staff would go by the criteria of the Code before approving the application. Page 1 - COUNCIL MINUTES -- APRIL 22, 1985 .•t r follow staff ` Edwards moved to Motion s; Councilor North Dakota. After disr_ussioa„i name the street :;•W. ® a _ reCommendation ded by Counc i j or ©rian. r c ,errt Secon vote of Council P approved by a 3 m,,jr,rity Mtion the ,amu^cilor Edin voting nay system of the numberingcontact 0 requested clarification on lity Engineer will John son the street. partment complexes along Johnson to discuss on 6/11195 LECTIONS PRESENTATION Inc presented a slide a Transworld Systems �rform for. the City Bob Detmer, could p' at the request !4r'•. on the service his compa^Was attending (p asentation issues . Ile noted he With collections °'of. Councilor Scott . ` TT LEFT. 8:40 P.M requested he contact Councal thanked Mr. Detmer for his time, but ' ity staff in the future. POL-ICY DISCUSSION Council' s ar, ordinance was prepared at split s.,City Engineer stated that year. Council vote was p ' - direction for adoption earlier this Y He requested further 4 jt the consideration of that ordinance I on this issue. direction from Counciws to schedule discussion, . consensus of Council a After lengthy a work session for furt this item for consideration. R AL PROJECT/LID DISCUSSION over to 6/24/95 for will be set a this item yor Cook noted Consideration. CENTER COMMI�jFE MEETING is 'CENTER 6I0 AWARD AND CIVIC ll awarded to requested the bid be formally the 3 �f,Ada�inistrative Assistant on with the inclusion of volume temperature controls in the MCartney-Johnson of Clackamas Oregon at the s, S.1 alternate for variable arately vic Center. She stated that this item was s single source vendo►"° was from a !`Oquest of Legal Counsel since it Valerie regard the S-1 alternate. Y �ncgthy discussion followed w Civicg Center Committee noted that the 3ohnson, Chair of n the building Cwmittee recommended this be included i Edwards to ,v seconded by Councilor in the bid on by Councilor Brian, variable volume temperature controls which would ' lude S-1 for project by $20, reduce contingency for the 761,972. e a total bid award of $1. PlINUTES - JUNE 10, 1985 MMRr__=ffiff Run= LITTLE LEAGUE FIELD MAINTENANCE DISCUSSION. The Council and staff discussed the failure of the Little League to properly notify park users of the seeding program they started on the ball fields in Cook Park. Councilor Edwards said that he hoped the Park Board and City would not be too severe in their discussions with Little League as the relationship with them is better than it has ever been. Little League has done about $2,000 in improvements to the ball fields and the City has only had to refund $90 in reservation fees. The Park Board will be handling the sign up for next year with the Little League. SIDEWALK _ POLICY DISCUSSION. Council discussed the City Attorney recommendation on sidewalk maintenance and liability. The ordinance will be presented to Council again August 12, 1985. CONSENT AGENDA. Jerry Edwards moved to accept the consent agenda deleting item 8.5. Ima Scott seconded. Approved by unanimous vote of Council present. 6.5 Jerry Edwards moved to accept the consent agenda deleting item 8.5. Ima Scott seconded. Approved by unanimous vote of Council present. �. NON-AGENDA ITEM` . } 9.1 City Engineer qualifications were discussed along with the recruitment process. Jerry Edwards moved to approve the memorandum regarding the recruitment of a City Engineer. Ima Scott seconded. Approved by unanimous vote of Council present. 9.2 Tigard Arts & Gifts group was discussed. Ima Scott moved to endorse the TAG group and to endorse the selling of bricks in the courtyard of the new Civic Center. Jerry Edwards seconded. Approved by unanimous vote of Council present. 9.3 Dunk tank. Ima Scott again challenged the other Council members to take their turn at the Crusin Tigard event. 9.4 Vision problem at the intersection of Frewing and O'Mara. Bill Honahan reported to Council on the alternatives to correct the problem. Jerry Edwards suggested that staff have the property owner comply with the height requirements for plantings along the right of way and put in traffic counters to determine how many cars are traveling the site each day. 9.5 Ima Scott said she had talked with Paul Phillips regarding the intersection at Canterbury. The federal government has approved the dollars for 99 and Canterbury. It will take 6 mos. to 18 mos. for the project to begin. Discussion followed. C'uncil recessed from 9:45 p.m. until 9:55 p.m. ��fe 2 - COUNCIL MINUTES Jt 'Z� S MA MEMORANDUM j., CITY OF TIGARD, OREGON TO: Mayor and City Council November 14, 1985 FROM: Loreen Wilson SUBJECT: Consent Agenda Item #7.2 The Community Development Department has no land use decisions for your consideration. lw/3393A t:1 It 01 i U:I1I1N111 jf.1 WUNCIL A(:kNOA LTEm SU(-"ARY AGENDA OF: November 18, 1985 AGENDA ITEM DATE SUBMITTED: November 18 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Notice of Final order - SCE 3-85, Tigard Arco, and PREPARED 8Y: community Development Final Order d 12-85, Benj. Fran. Dev. , Inc. REQUESTEO 8Y: _ DEPARTMENT NEAR OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUrit'1ARY Attached are Notices of Final Order by Planning Commission for: 1. SCE 3-85 for Tigard Arco to allow an increase in the height of an existing freestanding sign. 2. S 12-85 for Benj. Fran. Development, Inc. , to subdivide an 8.5 acre portion of a X8.95 acre parcel into 36 lots. ALTERNATIVES CONSIOERED 1. Receive and file. 2. Motion to remove from Consent Agenda and call up for Council review at a later meeting. SU'AGESTED ACTION Receive and file. CITY OF TIGARD Washington County, Oregon c NOTICE OF FINAL ORDER - BY PLANNING COMMISSION 1. Concerning Case Number(s): SCE 3-85 2. Name of Owner: Leland Ariss/Dennis Thompson 3. Name of Applicant: Same Tigard Arco Address 12475 SW Main St. City Tigard State OR Zi%7223 4. Location of Property: Address 12475 SW Main St. Tax Map and Lot No(s)• 2S1 2AB lot 2800 5. Nature of Application.: Request to allow an increase in the hei ht of an existing freestanding sign to a roximatel 30 where a maximum hei ht of 20 feet is permi and a size of appraximatel 110 s care Lt-_per slide where 72 sq. ft. is permitted fi. ^ Action: Approval as requested XX Approval With conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Ball and mailed to: XX The applicant 6 owners -'RX- Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected governmental agencies 8. Final Decision: THE DECISION SNAIL BE FINAL ON November 25, 1985UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of condition can be obtained from the Planning Department, Tigard City Hall, 12755 SW Ash, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(A) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is 11-25-85 10. Questions: If you have any questions, please call the City of Tigard Planning Department. 639-4171. (0257P) CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 85- PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS, WHICH APPROVES AN APPLICATION FOR A SIGN CODE EXCEPTION (SCE 3-85) REQUESTED BY LELAND ARISS AND DENNIS THOMPSON. The Tigard Planning Commission reviewed the above application at a public hearing bn September 10 and October 8, 1985. The Commission based its decision on the facts, findings and conclusion noted below: A. FACTS 1. General Information CASE: Sign Code Exception SCE 3--85 REQUEST: To allow an increase in the he ig�it of an existing freestanding sign to approximately 30' where a maximum height of 20 feet is per-mitted and a size of approximately 110 square feet per side where 72 square feet is permitted. COMPREHENSIVE PLAN DESIGNATION: Central Business District ZONING DESIGNATION: CBO (Central Business District) APPLICANT: Leland Ariss/Dennis Thompson OWNER: Same 12475 SW Main St. t Tigard, OR 97223 LOCATION: 12475 SW Main Street (WCTM 2S1 2A8, T.L. 2800) 2. Background Conditional Use (CU 27-78) and Site Design Review (SDR 11-83) approvals were granted by the City to allow for the expansion of an existing car wash. This application was reviewed by the Planning Commission on September 10, 1985, and it was tabled because of improper notice and confusion related to the nature of the application. 3. Vicinity Information Pacific Highway lies to the north of the subject property and Main Street is immediately south. All of the surrounding properties are developed and zoned CBO (Central Business District) . 4. Site Information and Proposal Description The property is occupied by the ARCO service station and car wash. Access is provided by several driveways on Main Street and Electric Street. There are two freestanding signs, and several directional signs oriented towards motorists who are on the site. FINAL ORDER NO. 85- SIU PC - SCE 3-85 - PAGE 1 One of the freestanding signs is the subject of this application. The height was recently increased from 29.6 feet to 31 to 32 feet and an increase in size to approximately 110 square feet without receiving a Sign Code Exception or sign permit. Following notification by the City, the applicant has submitted an application to allow the enlarged sign. The original ARCO sign was installed at 29.6 feet in height in 1970. In fall of 1904, the price signs were installed and the applicant contends that no sign permit was required by the City. In spring 1985, the car wash' sign was added and the height of the sign was increased by two feet. A permit was not obtained for this modification. 5. Agency and NPO Comments The Engineering Division has no objection to the proposal. The Building Inspection Division is opposed to the request and it has indicated that no permits were issued for the sign modification. 1, No other comments have been received. B. FINDINGS AND CONCLUSIONS The relevant approval criteria in this case are Statewide Planning Goals 1 and 2, and Section 18.114.145 of the Community Development Code. The Planning Commission concludes that the applicable Statewide Planning Goals have been satisfied based upon the following findings: 1. Goal 1 is met because the City has adopted a Citizens Involvement program including review of all development applications;%' by a Neighborhood Planning Organization (NPO). In addition, all public notice requirements were met. 2. Goal 2 is met because the City applied all applicable State Planning Goals, City Comprehensive Plan policies, and Development Code requirements to the application. The Planning Commission concludes that the relevant Community Development Code requirements have not been met based upon the findings below: 1. In order to justify an exception to the sign code, one of the following three criteria (CDC 18.114.145) must be satisfied: a. The proposed sign code exception is necessary because a conforming building or sign on an adjacent property would limit the view of a sign erected on the site in conformance with the sign code standards. b. The proposed exception to the height limits in the sign code is necessary to make the sign visible from the street because of the topography of the site. C. There is an access drive which services the business or service from a street other than the street on which the business is located. Y FINAL ORDER NO. 85-40 PC - SCE 3-85 - PAGE 2 # s The applicant contends that the proposal meets ttie last two criteria because the higher elevation of Pacific Highway and the interpretation that Main Street serves as a driveway for motorists coming off of Pacific Highway. The Planning Commission interpretation of the Code does not coincide with that of the applicant. Freestanding signs are intended to be oriented toward streets from which the business obtains direct access. The fact that the Code prohibits off-site signs and limits outdoor advertising signs to Highway 217 and Interstate 5 supports this interpretation. With adequate visibility along Main Street, the additional height and size are not justified. The third criteria applies to businesses which have access to more than one street, such as a shopping center on a corner parcel. The service station/car wash has access to Main Street or Electric and Burnham Streets which function as driveways to Main Street. The Commission recognizes the desire of business owners to take advantage of the advertising potential near Pacific Highway. However, the approval of signs which exceed height and size requirements will set an undesirable precedent for the downtown area. Policy 11.1.1 of the Tigard Comprehensive Plan states that in the redevelopment of downtown. "convenience, appearance and the needs of the shopping public should be primary considerations." The Commission concludes that the proposal is not consistent with this policy. The proposed free standing sign does not meet the applicable criteria. However, it is not practical to reduce the height of the sign to 20 feet because of the existing canopy over the gasoline pumps which is approximately 13 feet in height. By lowering the sign to 20 feet, the lower portion would not clear the top of the canopy or be visible from Main Street. The Commission concludes that lowering the existing sign so that it is directly above the canopy would be consistent with the intent of the Code. Causing the sign to be lowered to 20 feet in height would be impractical and the canopy would obstruct visibility of the lower portion allowing a sign height of 22-23 feet would allow for adequate visibility and would conform with criteria "a." noted above. In the past there have been illegal roof signs and banners displayed on the site. Section 18.114 SIGNS, of the Community Development Code is available to the property owner and must be adhered to. Any signs presently on the premises which conflict with the Code must be removed immediatey. Any temporary or permanent signs must received approval from the City prior to being placed on the premises. C. DECISION Based upon the findings and conclusions above, the Planning Commission approves of SCE 3-85 subject to the following conditions: 1. The sign shall be lowered so that it is directly above the existing canopy with a maximum height of 23 feet. Additional sign height must C be approved by the Planning Director if it can be shown that it is quate visibility above the canopy. necessary to obtain ade FINAL ORDER NO. 85--10 PC - SCE 3-85 - PAGE 3 2. A sign permit shall be obtained from the Building Inspection Division- It is further ordered that the applicant be notified of the entry of this order. �f 1985, by the Planning Commission PASSED: This / of- day - of the City of Tigard. A. Donald Moen. President T'sgard Planning Commission (KL:brd2006P) -z 4 rSCE 3-85 PAGE 4 i FINAL ORDER N0. 95- �U PC CITY OF TIGARD Washington County. Oregon NOTICE OF FINAL ORDER - BY PLANNING COMMISSION I. Concerning Case Number(s): S 12-85 2. Name of Owner: Benj. Fran. Development Inc. 3. Naide of Applicant: Same Address 9370 SW Greenburg Rd. City. Portland State OR Z43223 4. Location of Property: Address South of Falcon Rise Dr. 6 east of Morning Hill Dr. Tax Map and Lot No(s). 2S1 4A lot 501 5. Nature of Application: Request to subdivide an 8.5 acre portion of a 38.96 acre parcel into 36 lots ranging between 7,500 and 10,000sq. ft. in size. Property Designated Low Density Residential R-4.5._ 6. Action: Approval as requested X Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Hall and " mailed to: XX The applicant b owners 16 +' XX Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected governmental agencies 8. Final Decision: :HE DECISION SHALL BE FINAL ON November 25, 1985,UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of condition can be obtained from the Planning Department, Tigard City Hall, 12755 SW Ash, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.29O(A) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is November 25, 1985. 10. Questions: If you have any questions, please call the City of Tigard f Planning Department, 639-4171. (O257P) CITY OF TTGARD PLANNING COMMISSION FINAL ORDER NO. 85-_L PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS, WHICH APPROVES AN APPLICATION FOR A SUBDIVISION (S 12-85) REQUESTED BY BENJAii:N FRANKLIN DEVELOPMENT, INC. The Tigard' Planning Commission reviewed the above application at a public hearing on November 5, 1985. The Commission based its decision on the facts, findings, and conclusions noted below: A. FACTS 1. General Information CASE: Subdivision S 12-85 REQUEST: To subdivide an 8.5 acre portion of a 38.96 acre parcel into 36 lots ranging between 7,500 and 10,000 square feet in size. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R-4.5 (Residential, 4.5 units/acre) APPLICANT: Benj . Fran. Development, Inc. OWNER: Same 9370 Greenburg Rd. Portland, OR 97223 LOCATION: South of Falcon Rise Drive and east of Morning Hill Dr. (WCTM 2S1 4A, T.L. 501) 2. Background The Morning Hill development was approved by the City in 1977 and construction began in 1978 (ZC 5-77/SDR 52-78). 3. Vicinity Information The single family residences zoned R-4.5(PD) lie to the north and west are part of the Morning Hill development. Two streets starting east from Morning Hill Drive presently dead end along the western boundary of the subdivision proposed in this application. New single family residences that are within Bellwood subdivision and zoned R-4.5 are immediately to the east. Katherine Street which runs east and west through Bellwood subdivision, terminates near the northeastern corner of this project. FINAL ORDER NO. 85- _ PC - PAGE i . t L 4. Site Information The property is relatively flat except for the extreme southeast corner r of the project. The applicant proposes to create 36 single family residential lots ranging between 7,500 and 10,000 square feet. Aberdeen Street in to be extended to Katherine Street. Chimney Ridge Street will also be lengthened in an easterly direction, and a third street will head south from Katherine Street to the southern boundary of this project. The southeastern portipn.of the subdivision (Lots 86, 87, Be) is close Z to a drainageway that runs north towards Summer Lake. Although this development will not interfere with the drainageway, it appears that a of Lots 86, 87, and 88 will have a slope portion of the rear yards exceeding 25 percent. 5. Agency and NPO Comments The Engineering Division has the following comments: will result unless one of the existing a. A street name conflict u street names (Aberdeen and Katherine) is changed. Since Katherine F is a long established street with numerous residences and Aberdeen has only two residences at the Morning Hill Drive intersection, f the entire street should be named Katherine. b. An ownership strip/public right-of-way was set aside for the The of this street future extension enue and•the andlisnonlonger needed. has been substantially changed The Building Inspection Division indicates that on site drainage =` should be addressed during the development of the subdivisia;C". Washington County Fire District No. 1 indicates that fire hydrants must be provided so that all residential structures are within 500 feet of a hydrant. r School District N48 indicates that adequate capacity is available to accommodate the number of students anticipated by this development. No other comments have been received. 9. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 3.1.1, 6.1.1, 7.1.2, 7.3.1, 7.4.4, and 8.1.3 and Community Development Code Chapters 18-50, 19.160, and 18.164. Since the Comprehensive� idelines Plan no longer na d to beboon l8gaddressed.the Statewide Planning Goalsa The Planning Commission concludes that the proposal is consistent with the relevant portions of the Comprehensive Plan based upon the findings noted below: FINAL ORDER NO. 85— �� PC PAGE 2 a. Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. b. Policy 3.1.1 will be satisfied provided that any portions of Lots 86, 87, and 88 which exceed 25% slope are not graded or filled without a Sensitive Lands Permit. c. , . Policy 7.1.2, 7.3.1, and 7.4.4 are satisfied because adequate water, sewer, and storm drainage facilities are available to the development. The applicant also indicates that these facilities will be provided within the subdivision as required by City standards. d. Policy 8.1.3 will be satisfied when the conditions of approval relating to street improvements are completed. The Planning Commission has determined that the proposal, is consistent with the relevant portions of the Community Development Code based upon the findings noted below: a. Chapter 18.50 of the Code is satisfied because the proposal meets all of the re.luirements of the R-4.5 zone. b. Chapter 18.160 of the Code is satisfied because the proposal meets the requirements set forth for the submission and approval of a preliminary plat. C. Chapter 18.164 of the Coda will be satisfied during the approval process for the final plat. C. RECOMMENDATION Based upon the findings, and conclusions above, the Planning Commission approves S 12-85 subject to the following conditions: 1. UNLESS OTHERWISE NOTED. ALL CONDITIONS SHALL BE MET PRIOR TO RECORDING THE FINAL PLAT. 2. Seven (7) sets of plan-profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a Registered Professional Civil Engineer, detailing all proposed public improvements shall be submitted to the Engineering Section for approval. 3. Sanitary sewer domestic water and storm sewer system plan-profile details shall be provided as part of the public improvement plans. 4. Construction of proposed public improvements shall not commence until after the Engineering Section has issued approved public improvement plans. The Section will require posting of a 100% Performance Bond, the payment of a permit fee and a sign installation/streetlight fee. Also, the execution of a FINAL ORDER NO. 85-__1&_ PC - PAGE 3 construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. SEE THE ENCLOSED HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHEDULES, BONDING AND AGREEMENTS. 5. A one (111) foot reserve strip granted to the "City of Tigard" shall be provided at the terminus of the north-south roadway. 6. Street Centerline Monumentation 1. In accordance with ORS 92.060 subsection (2), the centerlines of all street and roadway rights-of-way shall be monumented before the City shall accept a street improvement. 2. All centerline monuments shall be placed in a monument box conforming to City standards, and the top of all monument boxes shall be set at design finish grade of said street or roadway. 3. The following centerline monuments shall be set: a. All centerline-centerline intersections. Intersections created with "collector" or other existing streets, shall be set when the centerline alignment of said "collector" or other street has been established by or for the City; b. Center of all cul-de-sacs; C. Curve points. Points of intersection (P.I.) when their position falls inside the limits of the pave�aent otherwise beginning and ending points (B.C. and'i.16.) d. All sanitary and storm locations shall be placed in positions that do not interfere with centerline monuomentat ion. 7. The "basis of bearings" for the Plat or Survey shall be County Survey No. 19,947, which is a part of the Tigard Field Survey Network. 8. The street name for Aberdeen Street shall be deleted, and Katherine Street shall be used for the entire length of the street. 9. After review and approval by the Planning Director and City Engineer, the Final Plat shall be recorded with Washington County. 10. A Sensitive Lands Permit shall be required prior to any grading or filling on slopes which exceed 25 percent. r FINAL ORDER NO. 85- PC - PAGE 4 Y 11. This approval is valid if exercised within one year of the final decision date noted below. It is further ordered that the applicant be notified of the entry of this order. PASSED: This .� day of /!%DAF-1Yj!E /' 1985, by the Planning Commission of the City of Tigard. A. Donald Moen, President Tigard Planning Commission (2071/br)) I S v FINAL ORDER NO. 85- 2/ PC — PAGE. 5 w 1.11 Y 1)1 1 1�:111Cn• f)Itl �, d� WUNCIL AGENDA LTEM SUMARY i AGENDA Of': November 18, 1985 AGENDA ITEM N: ---- DATE SU©MITTEO: November 18, 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Notice of Decision HOP 24-85 - Scott Haning PREPARED BY: Community; Development HOP 25285 - Harald & Mary Lou L}•man REQUESTED 8Y: DEPARTMENT NEAO 09: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Attached are Notices of Decision for: 1. HOP 24-85 - a request by Scott Haning for a Home Occupation Permit to operate a contracting business from his home at13325 SW Genesis Loop. 2. HOP 25-85 - a request by Harold E. & Mary Lou Lyman for a Home Occupdt;ion Permit in order to act as a brokerage representative from his home at 12980 SW 108th Court ALTERNATIVES OONSIOEREO 1. Receive and file. 2. Motion to remove from Consent Agenda and call up for Council review at a later meeting. r SUGGESTEO ACTION Receive and file. � � s CITY OF TIGARD NOTICE OF DECISION HOP 24-85 APPLICATION: A request by Scott Haning for a Home Occupation Permit in order to operate a contracting business from his home in an R-4.5 zone. Location: 13325 SW Genesis Loop (WCTM 2S1 30B, Lot 5700). DECISION: Notice is hereby given that the Planning Director for the City of Tigard has' APPROVED the above application subject to certain conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background No previous applications have been reviewed by the Planning Department concerning this property. 2. Vicinity Information The surrounding property is all zoned and developed R-4.5 (Single Family Residential). 3. Site Information and Proposal Description . There is a 2300 square foot home on the property. The applicant is proposing to use 80 square feet for the business. . The applicant and family will occupy the remainder of the homq,. ;•" The business will not occupy more than 25% of the home. 4. Agency and NPO Comments NPO #3 will be notified of the Director's decision and will have the right to appeal. 8. ANALYSIS AND CONCLUSION The proposal meets the provisions set forth in Chapter 18.142 of the Tigard Municipal Code. C. DECISION Home Occupation Permit HOP 24-85 is approved subject to the following conditions. 1. There shall be no people working in the home in conjunction with the business who are not residents of the home. 2. There shall be no signs or advertising visible from the exterior r of the premises. t NOTICE OF DECISION — HOP 24-95 — PAGE i 3 . There shall be NO customers or clients coming to the residence in conjunction with the business. s� 4. The Home Occupation Permit shall be renewed annually. 5. A Business Tax shall be paid annually for the business. 6. There shall be no noise emitted from the home connected with the business which is audible to abutting residences. 7. . There shall be no outdoor storage of materials, vehicles, or products on the premises. Indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the Building, Fire, Health, and Housing Codes. 8. This approval is valid if exercised within one year of the final decision date noted below. D. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City hall and mailed to: X The applicant 6 owners X Owners of record within the required distance X The affected Neighborhood Planning Organization X Affected governmental agencies 2. Final_Decision: THE DECISION SHALL BE FINAL ON November 25, 1985UNLESS AN APPEAL IS FILED. 3. Appeal Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 4:30 P.M. Nov. 25, 1965. 4, htiestions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 12755 SW Ash, PO Box 23397, Tigard, Oregon 97223, 639-4171. PREPARED PY: Deborah A. Stuart DATE Wil im A. Monahan, Director of Planning 6 Development DATE APPROVED (DAS:pm/2127P) NOTICE OF DECISION - HOP 24-85 -- PAGE 2 f 7 • CITY OF TIGARD NOTICE OF DECISION HOP 25-85 APPLICATION: A request by Harold E. and Mary Lou Lyman for a Home Occupation Permit in order to act as a brokerage representative of domestic and foreign agricultural machinery from his home. Location: 12980 SW 108th Court (WCTi 2S1 3AD, Lot 4300). DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above application subject to certain conditions. The findings and conclusions on- which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background No previous applications have been reviewed by the Planning Department on this property. 2. Vicinity Information The surrounding property to the west, north and east are all zoned and developer! R-4.5. Property to the south is zoned R-3.5. 3. Site Information and Proposal Description There is a 2004 square foot home on the property. The applicant is proposing to use 144 square feet for the business. s The applicant and family will occupy the remainder of the home.P"The business use as proposed by the applicant will not occupy more than 25% of the home. 4. Agency and TYPO Comments NPO #3 will be notified of the Director's decision and will have the right to appeal. B. ANALYSIS AND CONCLUSION The proposal meets the provisions set forth in Chapter 18.142 of the Tigard Municipal Code. C. DECISION Home Occupation permit 25-85 is approved subject to the following conditions: 1. There shall be no people working in the boars in conjunction with the business who are not residents of the home. 2. Therein shall be no signs or advertising visible from the exterior of the penises. NOTICE PAGE I Was • 3. There shall be NO customers or clients coming to the residence in conjunction with the business. a 4. The Home Occupation Permit shall be renewed annually. 5. A Business Tax shall be paid annually for the business. 6. There shall be no noise emitted from the home connected with the business which is audible to abutting residences. 7. • There shall be no outdoor storage of materials, vehicles, or products on the premises. Indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the Building, Fire, Health, and Housing Codes. 8. This approval is valid if exercised within one year of the final €� decision date noted below. 0. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: X The applicant 6 owners X Owners of record within the required distance X The affected Neighborhood Planning Organization X Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON November 25, 1985,_ UNLESS AN`,AfPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 16.32.370 of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 4:30 P.M. Nov. 25, 1985 4. Questions: if you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 12755 SW Ash, PO Box 23397, Tigard, Oregon 97223, 639-4171. /krh, -1-lev";4I 7,C P SPARED BY: Deborah A. Stuart DATE (F/ Wii A. Monahan, Director of Planning i Development DATE APPROVED z (DAS:pm12127P) NOTICE OF DECISION — HOP 25-85 — PAGE 2 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 18, 1985 AGENDA ITEM #: DATE SUBMITTED: 11/14/85 PREVIOUS ACTION: Authorized Ballot ISSUE/AGENDA TITLE: Ratify Measures For November Election Election Results — November_5, 1985 PREPARED BY: Loreen Wilson Charter Amendment Issues REQUESTED BY: Loreen Wilson OLPARTMENT HEAD OK`�! - CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Attached is a printout from the County Election Department noting the final vote on the eight charter amendment issues on the 11/5/85 ballot. Before these are considered approved by the voters, the Council should ratify the election results. As you will note, the reporting form is different now for the County. The results for each ballot measure have been highlighted for your use. ALTERNATIVES CONSIDERED 1. Ratify Election Results 2. Take No Action At This Time SUGGESTED ACTION Staff recommends ratifying the election results. lw/3393A i f J T J Z w n A p V� ��hO OUB uU 41, W � ry✓� O Ory@ 00 fl P� 7 LA L7 W '• ro o oaoonnr.sno n n � W 0> r, WO lb �o wC;>Z 0� .. yG n lav«o 0 0 0 C9 ti -'a8 4'WiS� Q c 7 Sl. «tJ n n,nor+0 a0 0 U r f, oONP O4nN OO C, O it t o amnVnamo@r` r d O Ory 4iC. O«„ C, m i.i M 0-.000"-+00O ? V u o 4 O c a Ix ITI 4 rd U L Q IK R' W _ u 0 �¢{4e. LqIpp>w- � Wrrph> U_VuvpWJ;�Vm O ¢2 QQ p>W KZ ¢� W►W1-� >W i 207 maf`!tl*JI>--t3941 In W Off. Ur 1 UH i I I O%;:;:0 �4LL l S 38A •7•» S^O 000 0000 0000 C4 tn91�'11„7 car r P o in .=� 038RSSSRS� o c _ ;Rlme;±k2e } \ / ( m . ; § (t fa \ ± §94§ �s o MMr,$!%R& R3 * $ ( G \ § rinri ;§ci § Ln �. \ ■ q 2 ;\ )§C.-Mmooma. . � ! Ir ■ k w§K _q &[= !§3ƒd2 9 _ w§ I ;� k. _ 9. fk ■ ■ fit$°77}k;! & s a ® _� Qg� .nE �bV,")IL k \« § kga§ Gam§ §R-R;m« jd ), �, aa§RakSa2; e B < \ J J S 3 Q Q i- N m c a 2 N G IWp-OW O -Owtv Of h �.•GJOO is.,00c O v r m 6' n000 fP41 h M"h PP..NR R v d«P1+«••�P vm ? P f' 000000-+�00 N N O O rd 4,11P .wd«Q h h N N � }� W Z \ice U1 W Y j ft S Z1ZZ-S.Cf JJ +, WF c=iu22yZuJm mid- LJ d {W(A,1Ny{p UK¢ 2 tl1 p7C yW� Y tz?2 5 000 YT� U•+ C! �' ma oo i � i �i�uuZaF ul g> n000mc4pi�prpppirr+iappfppOppP 4 ? •.O 1-i 09988JO000 O U 1. r �-7f MEMORANDUM CITY OF TIGARD. OREGON! TO: Mayor and City Council November 14, 1985 FROM: Loreen Wilson, Recorder SUB ECT: Boardmanship Update It is again time for Boardmanship Sessions. The "fall sessions" are scheduled for Tuesday, December 10th & 17th from 7:30 to 9:30 PM at the School District Board Room. Mr. Larry Sprecher will be attending as the facilitator. Attached is a copy of the topics for discussion and the draft of the Boardmanship Manual. Meeting notices will be sent to all board and committee members within the next week. lw/3393A x r r BOARDSMANSHIP The purpose of this Workshop is to increase the effectiveness of members of boards, commissions and committees , both as individuals and as members of their team. Special emphasis will be placed on the advantages of group decision-making and ways to improve that process. This is a "hands-on" Workshop where a majority of time will be spent in actually "doing" rather than passively "listening" through a series of exercises in which all attendees partici- pate. For the sake of brevity all boards, commissions, committees and organizations will be referred to as "boards" from here on. SESSION ONE: "WHAT" BOARDS DO Introduction: Review of the purpose of the Workshop. The mportanco of boards and commission to the City of Tigard. "What Boards Do" : A review of the City's Council-Manager orm of government and the roles and responsibilities of each of the boards. Rights and Responsibilities: What citizens, staff and ardmembers have a right to expect from and a responsibility to do for each other. "A vision of Tigard": An exercise that shows what each lndivi;lu-aT member preceives. Council Goals: A review of the City Council's Goals and Pr or ties for 1985-85. SESSION TWO: "HOW" BOARDS DO IT "Da Rules" : An explanation of the various statues and rules wn c govern board members. Special attention will be paid to the subjects of Conflict of Interest and Financial Disclosure requirements. "Screw Driver" : A brief exercise that graphically demonstrates t e advantages of working on problems as a group. Group Decision Making: The advantage of, and obstacles to, group ec s on making. How, to utilize all the resources of a group in making decisions. Focuses on the need to develop the important communications skills of listening, supporting and differing effectively. CEffective Meetings: Simple techniques that can shorten t e length and increase the productivity of board meetings. A mock meeting will be used to demonstrate some of the obstacles to effective meetings and how to remove them. HOARDS AND COINMITrEES WORKBOOK APRIL 17, 1985 w Y f =71 OUTLINE FOR BOARDS AMC) COMMITTEES WORKBOOK n- PAGE NO, I. Introduction 1 II. History Of Tigard 2 III. City Government Structure 3 M IV. Board and Commmittee Membership & Responsibilities q V. Operating Guidelines 5 o Type Of Meetings o Chairman & Duties/Motions o Order Of Business — Agendas, Minutes, Public Notices VI. Responsibilities And Rights Of: 7 o Citizens _ o Staff o Board Members ' APPENDIX: Open Meeting Law 9 Conflict of Interest 10 Financial Disclosure Information 11 L.. LW/2518A t I. INTRODUCTION Today, more than ever, the public is demanding a greater voice in the determination of policies and operating procedures for all levels of government. The City of Tigard, for this reason, has established a number of standing and advisory boards, commissions, and committees. (From this point on this workbook will refer to boards, commissions and committees as "boards".) Such "vehicles" allow greater community participation and input into your local government and facilitates higher quality decisions. This workbook has been prepared from a joint effort of board members and staff to present a statement of policies and guidelines which govern the role, operation, and responsibility of the boards in their advisory capacity to the City Council. This workbook will provide board members with a brief outline of the history of Tigard in order to furnish members with basic perspectives on the background of their City. General operating guidelines for all boards are covered followed by ;. synopsis of the specific responsibility of each. Section VI outlines theresponsibilities and rights of board members, citizens and City staff. These guidelines will provide board members with a more uniform view of their voluntary efforts for the community. Volunteerism is essential to maintain liveability in the City of Tigard. Each year, through the various boards of the City, citizens have a greater voice in their community operation. This involvement by the citizens of Tigard make this a community in which to be proud. LL mom.. II. HISTORY OF TIGARD Originally the area we now call Tigard was known as "Tigardville". Mr. Wilson M. Tigard arrived in this area late 1852, was impressed with the abundance of game, the great wealth of timber and the rich soil. Shortly after 1910, the railroad came through this area and the area's name was shortened to Tigard. ._u Some say this was because when the conductor would call out Tigardville, passengers would confuse this with Wilsonville which was on the same line. During the development of the area there were such notable attractions as: the mutual post office (1886); St. Anthony's Church (1910); McDonald's general store; the Lone Oak Service Station and Garage (1924); the Hunziker dairy farm; even the first Lion's Club (1931) . Farming and pioneer life, wild animals and indians roamed the area we now call the "City of Tigard". The City of Tigard was actually conceived in 1961 and incorporated in 1962. At that time the City had a population of 1,084 and covered 1.4 square miles. Today our population is 19,100 and the City covers 8.7 square miles. Our history cannot be complete if we do not accept the challenge to move from the past to the future, our boards and committees are making that possible. L E L FIT 2 — i III. CITY GOVERNMENT STRUCTURE Tigard has the Council--Administrator form of government. Four Councilors are elected at large by popular vote of the people for a term of four years, each with a two-year overlapping period. The Mayor is elected also at large for a two year term of office. Members of the Council are elected by all the people to -serve as representatives of all the people. Authority and responsibility for legislative acts are vested in the Council. Since the Council does not function on a full-time basis, they appoint a City Administrator their administrative agent and vest in him the authority and responsibillity for carrying out its policies and directives and the management of City affairs. The Council-Administrator form of government has attained recognition as being the provider of the best full-time professional services in city administration when combined with the finest talents the community has to offer in its dedicated, locally elected officials. The City of Tigard is a home-rule City. This means that Tigard is basically self-ruling and the Council may by Ordinance prescribe the manner in which any except as otherwise limited by the State power of the City shall be exercised, of Oregon or the Constitutions of the United States. The Council appoints various officers to serve at the pleasure of the Council. These included, but are not limited to, City Administrator, Municipal Court Judge, and City Recorder. The Citv Administrator is responsible for the overall administration of the City in response to policies and programs established by the City Council. To carry out the Council direction, the City Administrator is responsible for developing plans, proposals, and programs for the City government; budget preparation and control; personnel administration; and delegation of work to all other employees. The MunicipalCourt Judge_ is responsible for the adjudication of misdemeanor cases and traffic cases brought before the City Court for trial. The Judge hears, judges. and sentences individuals and sets out the procedure for handling such matters. The City Recorder is responsible for recording and maintaining the record of elections, maintains City records, and is Council proceedings, supervises City responsible for the City Treasury and disbursement of City funds. The next couple of pages show current organizational charts of the City by function and position. t y - - ttt Iy. BOARD AND COMMITTEE MEMBERSHIP 6 RESPONSIBILITIES The City of Tigard has four permanent boards in addition to the City Council, and several other temporary committees and task forces an which citizens can serve. Positions on the City Council are elective. All other board positions are appointive. 4 Applications for appointed positions are available at City Hall and should be completed and returned to the Administrative Secretary. The Administrative Secretary will set interviews for those vacant positions on boards as needed. The Mayor, one Councilor, and the City Administrator interview the applicants and make recommendation to the City Council for appointment. CITY COUNCIL: MEMBERSHIP: The City Council is an elected body of four Councilors and a Mayor and is governed by the City of Tigard Charter. The Councilors are all City residents elected at large for terms of four years. The Mayor also is elected at large but for only a two year term. RESPONSIBILITIES: The Council is the highest appeal board in the City, and is looked to for direction in all matters where policy must be set. The Council also adopts the annual budget and adopts ordinances concerning all legally-gaverned services and aspects of life in the City of Tigard. The Mayor and Council also serve on the Budget Committee with five citizens selected for service according to interest and background. This requirement is set forth in the Oregon Revised Statutes (ORS). The Mayor and Council serve as the Local Contract Review Board. They review and approve all major purchases for the City and operate under the guidelines set forth in the ORS and local law. BUDGET COMMITTEE MEMBERSHIP: In addition to the five City Council members, the Budget Committee is composed of five citizen members who are appointed by the Mayor and Council for terms of three years effective July 1st. Members do not have to be residents of the City. Requirements for the Budget Committee are set forth in ORS Chapter 244. RESPONSIBILITIES: The Budget Committee is responsible for reviewing and acting upon all budget documents. The City's budget, and supplemental budgets, set out the fiscal operation of the City. After the City's proposed budget has been compiled by the City Administrator- and staff, the Budget Committee meets to study the document. Committee members propose and vote on additions or deletions to the budget as they deem appropriate. After a complete budget is agreed upon the by Committee, it is submitted to the City Council for review and adoption. f - 4 - =— PLANNING COMMISSION MEMBERSHIP: The Planning Commission consists of nine members, not more than two may be non-residents of the City. The Commissioners serve germs of four + years which begin July 1st. Not more than two members of the Commission may engage in the buying, selling or developing of real estates for profit as individuals or with a corporation which does that type of business. Requirements for the Planning Commission are found the ORS 227 and local law. RESPONSIBILITIES: The Commission reviews and recommends changes to the City's comprehensive plan, zoning ordinance, and other policies and ordinances which deal with long-range land use and development. The Commission also takes final action on the following applications and issues: subdivisions, zone changes, planned developments, sign code exceptions, and appeals of Planning Director's decisions. e LIBRARY BOARD MEMBERSHIP: The Library Board is made up of seven appointed members, one of which may be a non-resident of the City. Members serve terms of four years and are appointed effective July 1st. Requirements for this board are set out in ORS Chapter 357 and local ordinances. RESPONSIBILITIES, The Library Board consults with the City Librarian on matters pertaining to the Tigard City Library. Members formulate plans and programs pertaining to the growth, use and development of programs which will meet the reading and information needs of the inquiring public and residents of the community. The Board makes recommendations to the City Council on Library issues. PARK AND RECREATION BOARD MEMBERSHIP: The Park and Recreation Board, commonly referred to as the "Park Board", is composed of nine members. Eight persons are appointed by the City Council, with not more than two of these being non-residents of the City. The ninth member of the Board is a voting member appointed by the Tigard School District #23-J Board of Directors and confirmed by the City Council. The ninth member must reside within the School District boundaries. The members serve terms of four years. These requirements are set by local law. RESPONSIBILITIES: The Park Board advises the Council on matters pertaining to the creation, operation, and maintenance of recreational facilities within the City of Tigard. This includes developed parks and the, greenway system. The Park Board also is to recommend a fiscal plan to achieve park and recreation service objectives. OTHER ADVISORY COMMITTEES There are various advisory committees in the City: Economic Development Committee; 7 Neighborhood Planning Organizations (NPO); Civic Center Project Advisory Committee; Transportation Advisory Committee; and the Committee For Citizen Involvement (CCI). These committees are created for a certain length of time or for a certain project. Upon completion of that time or project, ( the Committee will be disbanded. Advisory committees are created by the City Council and members appointed by the Council. The advisory committees are i governed under local ordinance. 5 - V. OPERATING GUIDELINES ' ry CHAIRMAN AND DUTIES/MOTIONS: Chairperson - Each board elects a chairperson. That person will preside at all meetings of the board. In the absence of the Chairperson, the board shall elect a Chairperson pro—tem unless a Vice-Chairperson is previously elected. (See each ordinance forming the boards, every board can have different requirements.) Call—To--Order — The meeting shall be called to order by the Chair or Vice--Chairperson. In the absence of the Chair, the recording clerk, or secretary, shall call the meeting to order for the election of a Chairperson pro—tem. Preservation Of Order — The Chair shall preserve the order and decorum of the meeting; prevent attacks on personalities or the questioning of members motives; confine members in debate to the question under discussion; and encourage citizen input while keeping it to the point of discussion. Keeping the discussion 'to the point' is essential to maintain order and encourage a timely conclusion to the meeting. The Chair sets the tone of the meeting. You will be responsible to educate the public as to the meeting decorum, rules, and procedures and be willing to withstand some criticism from citizens. Effective communication with members, citizens, and staff is a skill which needs to be developed to be effective in the role as Chair. Actively listen during deliberations by looking attentive and giving your individual attention to the person having the floor. Once you have developed a sense of your audience, you should meet them on some common ground. Once that common ground has been established, it is usually easier to start addressing those areas of conflict. It is necessary to remember that as a Chairperson it will be most effective in controlling the meeting by controlling one's self. An excited Chairperson will more easily cause disruption in a meeting. Points Of Order — The Chairperson shall determine all points of order subject to the board's right to appeal by two or more members of the board. If an appeal is taken, the question shall be "Shall the decision of the Chairperson be sustained?" A majority vote of the board members voting shall determine the outcome. Questions To Be Stated — The Chairperson shall state all questions submitted for a vote, including who made the motion and seconded it, and announce the result. This is essential to not only assist the recording secretary but make the recorded tape of the meeting more clear. A roll call vote shall be taken upon the request of any board member. Voting Procedures — The ayes and nays shall be taken upon the call for the question and entered into the minutes. An affirmative vote of at least a majority of the members present of the board shall be necessary to pass / any motion. A majority is 1 more than half of those present Mnd voting. When any vote is called for, each board member shall respond "yes (aye)", "no (nay)", or "abstain". Tie-dotes - In the event of a tie in votes in any motion, the motion shall be considered defeated. TYPES OF MEETINGS: Regular meetings - The boards shall meet at least once a month to discuss regularly scheduled business. These meetings normally are held on the same day and time as the previous month (i.e. third Wednesday of each month at 7:30 P.M.). The agendas shall be posted on the City Hall bulletin board at least 72 hours before the meeting. A copy shall be filed with the City Recorder at the time of posting. The representatives of the Press shall be advised of the meeting. (Note: For those boards which hold public hearings, notice must normally be published in the paper 10 days prior to the hearing. If that hearing is a land--use issue, surrounding property owners must be notified.) Special meetings - Special meetings may be called by the Chairman or by a majority of the members of the board. The call for a special meeting shall be filed with the City Recorder in written form. The agenda shall be posted and filed with the City Recorder at least 24 hours prior to the meeting time. Only business listed in the call for said meeting may be transacted at a special meeting. Press representatives shall be notified of the meeting. Study Sessions/Work Shops - The board may meet informally in a study session which is open to the public. These meetings are used to review forthcoming programs, or receive progress reports on current projects, prgvided all discussions and conclusions are informal. The board may wish to schedule the item for an upcoming "regular" or "special" meeting where a formal motion can be considered. Posting requirements are the same as a regular meeting. Executive Sessions - Executive Sessions, or "closed meetings", may be held in accordance with the provisions of the Oregon Open Meeting law (see Appendix "A" for detailed explanation). Normally, topics for discussion are: consideration of land acquisition for public purposes; potential or pending litigation in which the City has an interest; personnel matters; etc. These sessions are closed to the public. Attendance of Media at Meetings - All meetings. including Executive Sessions, are open to the media. Meetings other than Executive Sessions are freely subject to recording by radio, television, cable networks, and photographic services at any time, provided such arraignments do not interfere with the orderly conduct of the meeting. If there is interference with the meeting, the Chairman of the board is responsible to remedy the situation. ORDER OF BUSINESS: Business meotings which run smoothly and effectively normally operate under a standard set of parliamentary procedure (i.e. Robert's Rules of Order). Parliamentary procedure is a set of rules which regulate and standardize how deliberative bodies conduct their business. They supplement and are subordinate to any rules of procedure set out by statute, charter, ordinance, or resolution. - 2 - Agendas - formally the business to be considered at a meeting will be placed on an agenda. This is your plan of action. It keeps you organized so you know where you are in the course of activities. When the agenda is prepared (normally by the Chairperson or a staff member) the items normally appear in the following format: Call To Order Unfinished Business Roll Call New Business Minutes Of Previous Meeting Miscellaneous Subcommittee Reports Adjournment An estimate for time could be indicated in the left hand column of the agenda if the board so desires. This would be a tentative schedule to assist the Chair and board members to keep on a schedule which would allow for a timely adjournment. In a regular meeting, items of business can be taken out of order by adoption of a motion to that effect which will require a majority vote to carry. In a less formal meeting (i.e. a work session) a member can ask for consent to present certain business varying from the agenda format. Minutes - The minutes of the board is the "official record" of the deliberations. The minutes should contain what is done, NOT what each person says. Minutes should be as brief as possible yet giving enough information to be a complete record of the proceedings. They should also be written in the third person (not "we" but "they"). The following information should be in the minutes: o Name of the organization, date, place and time of meeting a Whether it is a regular or special meeting. o Names of the members present. _ o Summary of all topics listed on the agenda in order of discussion and a summary of final action unless set out in a motion. o All main motions whether adopted or lost. (A motion that was withdrawn does not need to be recorded.) o The names of persons making and seconding motions. o Any Conflict of Interest statements by board members. o Any information board members request be a "matter of record". o Time of adjournment. The minutes should be signed by the recording secretary. If minutes are corrected before adoption, corrections should be shown in the right margin in ink with the recording secretary's initials. In order to have room for the correction notes, the margins on the typed minutes should be about 10/90 with an elite type style. Public Notices - All public notices must note the following information: o Same of the organization, date, place and time of meeting o Whether it is a regular or special meeting. o Topics of discussion. _ 3 F { C :; NEW MEMBER ORIENTATION Upon appointment by Council of new board members, the Chairperson and staff laison for that board shall meet with the new member. Copies of all pertinent information should be supplied to the new member (i.e. laws, board operating procedures, board and commission rosters, current Council goals & priorities list, booklets regarding that board (i.e. Comp Plan for Planning Commission or latest City budget for budget committee members.)) 3 - 4 — �4 VI. RESPONSIBILITIES AND RIGHTS OF CITIZENS STAFF AND BOARD MEMBERS PUBLIC F The Public has the right to: €( 1. A full, fair and impartial hearing by the Board; 2. Understanding from the Board and Staff of their emotional condition; 3. Explanation of the situation in language which they understand; 4. Resolution of the matter as quickly as possible. * The Public has the responsibility to: 1. Learn as much as they can prior to the meeting; 2. Present their case in as brief and unemotional manner as possible; N 3. Use a single spokesman, if possible, and try not to present repetitive testimony; 4. Respect the Board as fellow citizens who are trying to fulfill their responsibilities. Respect the Staff as professionals who are trying to do their job well; S. Remember that there are at least two sides to every argument and r that even conflicting viewpoints can be valid. STAFF The Staff has the right to: 1. Respect and courteous treatment from both its Board and the Public; 2. Understanding that they must occasionally make recommendations that will be unpopular with some or all of those affected; 3. Clear instructions from their Board, including specific goals and x policies; 4. Regular feedback concerning their performance. The Staff has the responsibility to: 1. Treat both the Board and the Public with respect and courtesy; 2. Remember that, while they have a responsibility to recommendations, the Board has the responsibility for making the final decision; 3. Provide timely reports which contain a complete analysis of the situation, discussion of the possible alternatives and, if requested, specific recommendations; 4. Make their presentations in language that can be understood by the lay public as well as experienced Board members; .. 5. Make certain that meetings are adequately planned and completely prepared for. f } — 7 — BOARD MEMBERS Members of Boards have the right to: 1. Complete and timely information from their Staff; 2. Formal agendas and meetings that are over at a reasonable time; 3. Respect and understanding from their Staff and from the Public; 4. Courteous treatment from all concerned, including fellow Board members. Members of Boards have the responsibility to: 1. Understand that the Citizens appearing before them may be both upset and/or frightened; 4 ' 2. Make sure that the Public understands the information that is being presented and that all questions are answered promptly and completely; 3. Respect and understand the position of the Public and their own Staff; 4. Prepare adequately for the meeting . . . before '_he meeting; 5. Be consistent in its decisions and to formulate and consistently support specific goals and policies; 6. Attend regularly and participate fully. �Y e. h t APPENDIX "A" OPEN MEETING LAW The Oregon Open Meetings Law is set forth in ORS 192.620 and establishes the policy of Oregon for decision making by governing bodies: "The Oregon form of government requires an informed public aware of the deliberations and decisions of governing bodies and the information upon which such decisions were made. It is the intent of ORS 192.6 0 to 192.690 that decisions of governing bodies be arrived at openly." The Open Meetings Law applies to any meeting of a state or local governmental board, commission, council, committee or subcommittee consisting of two or more members, at which there are sufficient members present to constitute a quorum for the purpose of deciding or deliberating on public matters. According to the Attorney General, under the Open Meetings Law, the right of public attendance does not include the right to participation. However, the ,.; City meetings will voluntarily allow limited public participation with the order and length of appearances regulated by the Chairman. This paragraph does not pertain to those "Public Hearings" required by state and local law for some deliberations or to "Executive (Closed) Sessions". The Open Meetings Law also requires that public notice be given of the time and place of meetings and a list of the principal subjects anticipated to be considered at the meeting. The City of Tigard takes the position that notice of regular meetings by posting or publication should be 5 calendar days before the meeting. ^d ( _ 9 v -� APPENDIX "B" CONFLICT OF INTEREST Potential conflict of interest exists in any transaction where a person acting in a capacity as a public official (or Board Member) takes any action or makes any decision or recommendation. The effect of which action would be to the person's private benefit or detriment. w The exceptions to this statement are: 1. Cases where the public official is required by law to hold an M interest or membership in a particular business, industry, or occupation. 2. Cases where the public official's action affects to the same degree all inhabitants of the State or City. Example: A State legislator owning an automobile does not need to declare a potential conflict of interest prior to voting on a bill raising registration fees for all automobile owners. HOW TO HANDLE A POTENTIAL CONFLICT OF INTEREST: The Oregon Law requires the public official give "public notice" of a potential conflict of interest. When a Board member notes a potential conflict of interest, this information must be recorded in the "record" or minutes of the meeting. 4 t 10 ` APPENDIX "C" FINANCIAL DISCLOSURE INFORMATION j As set forth in ORS 244.040, Public Officials are required to file a Statement of Economic Interest each year by April 15th. Those "Public Officials" for L the City of Tigard which must file said statement are: Mayor and City Council Members City Administrator Municipal Court Judge Planning Commission Members If you have any questions regarding financial disclosure, please contact the City recorder at City Hall. 4 s: `w 4 11 (f IN ()OUNCIL AGENDA ITEM SUtTiARY AGENDA OF: November 18, 1985 AGENDA ITEM OATS SUBMITTED: October 29, 1985 PREVIOUS ACTION: ISSUE/AGENOA TITLE: Refund Request PREPARED BY: Keith Liden �� REQUESTED BY: William R. Baldwin DEPARTMENT NEAO 09: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY A proposal for a Lot Line Adjustment/Minor Partition/Variance (M 1-85/MLP 5-85/ V 9-85) was denied by the City Council. A modified proposal for only a Lot Line Adjustment (M 4-85) was approved by the T� Planning staff. The applicant then applied for a second Lot Line Adjustment (M 10-85) involving the same property which was also approved. The applicant is requesting a refund for the second Lot Line Adjustment application $220.00) . ALTERNATIVES OONSIOEREO 1. Refund all or part of the $220 application fee. 2. Deny the request. _ SUOGESTEO_ACTION Deny the Request. f e August 1, 1985 William Monahan Director of Planning CITY OF TIGARD Tigard, Oregon 97223 This application is the same as lot line adjustment MI-85 submitted in April of this year. It was approved by Staff and signed by you Mr. Monahan 4/26/85. This was part of MLP-585 - MI-85 - V985, which was I believe denied unjustly. These were 3 separate applications y and should have been acted on as 3 separate applications, each on its own merits. As MI-85 did not violate any city codes I feel that it particularly should have been approved on its own merits. I am hereby requesting review of this lot line adjust- ment only. thatlIoask shouldhat notany haveees so to payctwiceted b waived, in for the same service. V William R Baldwin 1660 NW 143rd :r Portland, OR 97229 s . attachment { aging CITY OF TIGARD, OREGON �- COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 18, 1985 AGENDA ITEM #: DATE SUBMIITED: October 29, 1985 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Acceptance of Waverly Construction Greenway -- PREPARED BY: Randy Clarno „ _.— Dedication REQUESTED BY: Engineering 6 Development � n�� CITY AgMTNISTRATOR: DEPARTMENT HEAD OK: �✓ POLICY ISSUE INFORMATION SUMMARY Waverly Construction is in the process of platting a 37 lot subdivision on S.W. O'Mara Street just west of the Tigard Senior Center. Conditions of f approval included the greenway dedication of all lands within the 100 year !_ floodplain. Attached are these dedication documents for your review. ALTERNATIVES �aISIDERED SUGGESTED ACTION Engineering recommends that Council accept this greenway dedication and direct the City Recorder to have these documents recorded with Washington County. (RSC:br/2056P) CORPORATION- GREENWAY DEDICATION KNOW ALL HEN BY THESE PRESENTS. that -vAVERTY C ....cmnttrTTON COMPANY. gn Ore on Cor do hereby dedOzeicate to the Pub on Greenway purpoats the following described zeal premises in Washington County. g See Attached To have and to hold the above—described and dedicated rights .unto the Public forever for the uses and purposes hereinabove stated. The grantor(&) hereby covenants that they are the owner(s) in fee simple andfree of Al liens the to hta aDoveldeacriDedanand nth�ey willPayhalhave good and legal l taxes and assessments due property is and grant the rig owing on the property. The amount paid for this dedication is IN WITNESS WHEREOF, the undersigned corporation has caused this dedication to be executed by its duly authorized. undersigned officers acting pursuant to resolution of its Board of Directors. Y NY Bye o Corpora )on' co Corpzate Seal e,('{.i President By: Secretarp ' STATE OF OREGON ) sa. 0� j��;8 198J COJNTY OF WASHINGTON) Personally appeared sworn and did that the former is who. each Bing irst d y . sa y the Company president and that the latter is the -- secretary ofjYaver�v Censtruct;on Company a corporation. and that the seal affixed to the foregoing instrument is the corporate &eel of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its cknowledged said instrument to be its voluntary board of directors; and each of them a z: act and deed. C Notary Ppn ..pires: Oregon Nq Commi �-1 l-$ (NOTARIAL SEAL) ACCEPTANCE da of 19 Approved as to.form this y by: City Attorney - City of Tigard 'n.4 l �6 l iApproved as to legal description this day of .�l'✓� /J By: City' - ty of Tigard Art Suva yew y-da of 1.1.,,x:. _> 1°Fs Accepted by the City Council this CITY C N. CITY OF :IGAIRD.•OREGON City Reeorde_ City of Tigard o� E, .' LEGAL DESCRIPTION For: CHELSEY HILL (PHASE I) Park Land A tract of land in the southeast 1/4 of Section 2 T-2dribed.as.folloCity of Tigard, Washington'County, Oregon, more particularlyesc Beginning at the northwest corner of that tract described in deed to Owen F. Snyder in Book 514, Page 354 Washington County Deed Records; thence - S-0336'30°'-W 320.88 feet; thence N-65054'27"-W 74.22 feet; thence S-48°00'32"-W 89.36 feet; thence along a 140.00 foot radius curve with a central angle of 73015'31". an arc distance of 179.00 feet being to the right of the chord which bears N-78037'14"-W 167.06 feet; thence N-62`27'01"-W 149.70 feet; thence S-75000'00"-W 90.00 feet; thence N-41027'26"-E 490.50 feet to a point on the southerly line of that tract described in Fee No. 83-000970 to the City of Tigard; thence S-65034'08"-E 234.00 feet along said southerly line to the Point of Be- ginning. Containing 3.18 acres. ;?>.�i f� j N N, =,ee Qp �6 D 0� � �� R=i.vo•as ' t� � � 0 IFF rte• \ / "h' -�,�- > w ParrLs-Mcmoaagie Associate,Inc. 12SSS S.W,HALL BLVD. 'nGAR�D OREGON Orn CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY 'J AGENDA OF: 11/18/85 AGENDA ITEM ##: ! • DATE SUBMITTED: 11/1/85 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Acceptance of ��(%% Wolf St. Dedication & Street & Sewer PREPARED BY: Randy S. Clarno/II Non-Remonstrance Agreements REQUESTED BY: Engineering DEPARTMENT HEAD OK: /. CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Ray and JoAnne Wolf recently received approval to partition property on the north side of SW McDonald Street just east of SW 93rd Avenue. The property also fronts onto SW Edgewood Street. Conditions of approval included street dedications on SW McDonald and Edgewood Streets. Also included were conditions to execute non-remonstrance agreements for sanitary sewer and street improvements. All of these documents are attached for your review. ALTERNATIVES CONSIDERED ' SUGGESTED ACTION Engineering recommends that Council accept these street dedications and non-remonstrance agreements and direct the City Recorder to record all documents with Washington County. (DS:pm/205BP) I ; Bad INDIVIDUAL-GENERAL PARTNERSHIP ' STREET DEDICATION Ra E. Wolf and Jo Anne Wolf, husband and KNOW ALL HEN By THESE PRESENTS, that Y wife; and Fred C. Hage and Phyllis J. Hage, rusband and ws e do hereby dedicate to the Public a perpetual right-of-way for street, road and utility purposes on, over, across, under, along and within the following described real property in Washington County, Oregon: The North 25.00 feet, of the West 80.00 feet of Lot 11 "Edgewood" in the Southwest quarter, of the Southeast quarter of Section 2, Township (2) South, Range (1) West, Willamette Meridian, Washington County, Oregon, City of Tigard. To have and to hold the above-described and dedicated rights unto the Public forever for the uses and purposes hereinabove stated. The grantor(*) he-eby covenants that they are the owner(&) in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant the rights above-described, and they will pay all taxes and assessments due and owing on the property. The amount paid for this dedication is $ OO.GO IN WITNESS WREREOF, the grantors) hWW (have) hereunto set hW (ham (their) hand(s) and seal(s) his a / Jday of , I9 i5 (SEAL) Ti. ov (SEAL) (SEA 2 (SEAL) STATE OF OREGON ) as. C�Uy:Y OF WASNIt;GTON) , 19 Personally appeared the above named Ray E. Wolf and Jo Anne Wolf, husband and wife who *%*cut" this natrument and each of them acknowledged to me that th a instrument was executed voluntarily and freely. Notary Public for Oregon My Commission expires: Q " g' 7 ACCEPTANCE s Approved as to form this day of 19 by: City Attorney - City of Tigard Y Approved a* to legal description this ��day of 6 r . 1 S5 By City ty-of Tigard Accepted by the City Council this day of 0 CITY CANCI CITY 1O>jfv�TIC\ARD,•OAEGON Ey re 2n0, .�Jc,1r..7 Caty Recorder - City Tigard (1704A) ,j (7-84) t 3 { uOro > t �< z s sno ♦ \� ego t w S W p JW N 2 S n�2PIN Ni N N VA.'S Xf1—Q8Y� U<_ . tit •f1 ^ n�.nc � �— 0 OFOrWZZ ySO N' rk14 P S P 00 VI Z W �l a Qh, Ns .« � O d tiOOS'S✓ rid !v ,vtrav 1r 'Q �Vqq V ti`.06"Cor M..st•.t/./S' i N Q Qb M,Bo./oS OS'99Z Fig. b.s � ID o pS•yg1• 9v'SS j .66 GoF h � ,99'!?F MpOL/O.S o•G6'GTf M,�O./O.L' � -' 7I. vyfAf o./orlO {o.9;orf !r►,Qo•/os 9N/YW1B.�� .sySYP h � M O �,. ,•- yy` W Z J 0 yy�� !r-• pO J ZZ NN W O 7WpZ!UZ yy C W O< W H N` p2N SO /•. .O qo - ® N pY•^ N 3 V = 5{ N J < Y f [ ] STATE OF OREGON ) )ss. County of� J ) On the day of �a 19 J personally appeared before ane the above-named EdgQ e v, PI YLZ,1.5 J. MA,�;E , who did execute the foregoing in any presence and acknowledged the same to he his/her voluntary act and deed. DATED this 2a day of 19,x_. Notary Public for Oregon (NOTARIAL, SEAL) My Commission expires: 9-..2 47 [ ] STATE OF OREGON ) )ss. County of toa s k ) On the 4 day of �c 611 Y•� 19 8 5 personally appeared before me the above-named who did execute the foregoing in my presence and acknowledged the same to be his/her voluntary act and deed. DATED this .,2oZ day of (yotyk19 8-5 Notary Public for Ore (NOTARIAL SEAL) My Commission expire496 02/9��-�`-� ua [ ] S-1 H; OREGON ) ss. County of ]talc«< 1g� personally appeared On the .�3 t day of �'�.�ee2 �""'• .F- G O.0 i ti' i r //L�=l before me the above—named and acknowledged the same to who did execute the foregoing in my presence be his/her voluntary act and deed. � �3 (/day of t3L�'-�'�.�.�^ 19�S . DATED this ___ _1j Notary Public for Oregon My Commission expires: 3 "(NOTAkTAL SEAL) [ ] STATE OF OREGON ) ss. County of 19 personally appeared On the day of , before me the above—named ing in my presence and acknowledged the same to who did execute the act and deed. be his/her volu DATED is day of 19 Notary Public for. Oregon (NOTARIAL SEAL) My Commission expires: [ ] STATE OF OREGON ) ss. County of ) 19__ personally appeared On the day of before me the above—namedin my presence and acknowledged the same to who did execute the for n9 be his/hes" volunta ct and deed. D ATE D t ' day of 19-- Notary ''' for Oragon (NOtARIAL SEAL) My Commission expiras: INDIVIDUAL-GENERALPARTNERSHIP STREET DEDICATION KNOW ALL HEN BY THESE PRESENTS, that Kav E Wolf and Jo Anne Wolfe, husband and wif and Fred C. Has a and Ph llis J. Hae husband and wife do hereby dedicate to the Public a perpetual right-of-way for street, road and utility purposes on, over, across, under, along and within the following described real property in Washington County, Oregon: SEE ATTACHED EXHIBIT "A" To have and to hold the above-described and dedicated rights unto the Public forever for the uses and purposes hereinabove stated. The grantor(s) hereby covenants that they are the owner(#) in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant the rights above-described, and they will pay all taxes and assessments due and owing on the property. The amount paid for this dedication is 0 IN WITNESS WHEREOF, the grantor(: has (have) hereunto set his (her) (their) hand(s) and seal(s) this -7 day of _ t' tL-+-v., At z.j'� �� Y� (SEAL) -io (SEAL) (SEAL) STATE OF OREGON ) ss. COUNTY OF WASHINGTON) l a f 19 Ps- Personally SPersonally appeared the above named -U �,Wg L F who executed this instrument and each of them acknowledged to me that this instrument was executed voluntarily and freely. �} Notary Public for Oregon My Coamission expires: q 7 ACCEPTANCE Approved as to form this day of , 19 Sys rr City Attorney - City of Tigard Approved as to legal description this day of �,7"nGac'-�" 19 City City of Tigard A stY' Accepted by the City Council this J8_7*� dsy of �a CITYCO IL..CITY OF T GARD,•OREGON By icy Recorder - City of 'hgard (1704!,) (1-84) F EXHIBIT "A" A portion of that tract of land under contract between Fred C. Hage and Phyllis J. Hage, husband and wife, ("Sellers") and Ray E. Wolf and Jo Anne Wolf, husband i and wife ("Buyers") by book 1024 page 879, Washington County deed records, located in lot 11, Edgewood, a recorded plat in Washington County, in Section 2, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at a point on the west line of said Lot 11 which bears North 01008100" East 30.00 feet from the centerline of County Road No. 430 (SW McDonald Street); thence parallel with and 30.00 feet from said centerline South 89125'00" East 147.16 feet to the most easterly line of said Wolf tract; thence on said east line South 01008'00" West 10.00 feet; thence parallel with and 20.00 feet from said centerline North 89°25100" West 147.16 feet to the west line of said lot 11; thence on said west line North 01008100" East 10.00 feet to the point of beginning. 1 C�zr r ® �okUgN� �14q � •wzi N �7®p �ti �yp�i,� vC+ O W tnq 0 ,Ci, p "�. •"prl v H O �T 5 Sy •+ � �•�S S �� 06 4 � ,BASH' OF OAAdVN6 `• ' ( .f O/•OBS y✓ JJOiAO} - I JL.3OS5•0 roll OOiW 94i•G4 � c/� ,xo�.as• !• ss.l�c reb.so p � rs' � 6y �ti YO R/ry 1i t� $moi taa17 5!4 IN{� Alt) b`�. ./r- ./P is♦ 4 N r 8 S mo *m ;O #' — :'• nriol5 ,qw WASH �M a; _4ftJAI y N ! Qfl19 ~ S $ cog PJ -1 � t- n E ] STATE OF OREGON County of ) /' on thea day of .(� � j—a- 19 QS personally appeared aed . - C. �Ny1�/S J. before me the above--;a who did execute the foregoing in my presence and acknowledged the same to be his/her voluntary act and deed. DATED this a�d day of d-) el 41 - 19- S—• Notary Public for Oregon , -�a, S,7 (NOTARIAL SEAL) My commission expires. y l [ ] STATE OF OREGON ) )ss. County of , , )n -,A ) 1 i9 personally appeared On the _ day of !'v o. ' before me the above-name'' d , who did execute the foregoing in my presence and acknowledged the same to be his/her voluntary act and deed. DATED thisday of �c T��is r 19 _. Notary Public f r Grego (F.�OTARIAL SEAL) My commission expires. _--- IAUIV!Ut,AL - 4L[`L[lAL CAnlFLnDnaf CONSENT COVENANT (NONREMONSTRANCE AGREEMENT) Street Improvements Thn undersigned owners (including purchasers) of the real property described below do hereby record their consent to the formation of a local improvement district by the City of Tigard for the purposes of improving S.W. Edgewood Street The undersigned expressly waive all present and future rights to oppose or remonstrate against the formation of a local improvement district for the improvement of the above named street reserving only the right to contest the inclusion of Particular cost items in the improvement district proceeding and any right they may have under the laws of the State of Oregon to contest the proposed assessment formula. The real property that is the subject of this consent covenant is described as follows: SEE ATTACHED EXHIBIT "A" IN WITNESS WHEREOF, the grantor(s) has (have) h reunto set his cher) (their) hand(s) and seal(s) this day ofti(;'.i ¢4(SEAL) .C? (SEAL) (SEAL) ,, J (SEAL) ,�•G,y (s ecct� STATE OF OREGON County of Washington BE IT REMEMBERED, that on chis aLat day of k'Jn-4- , . 19 KS , betore me, the undersigned Notary Pub)}c in and for the State of Oregon, personally appeared the within-named 4 A!1 F. \1/OLF• who is (are) known to me to be the identical individual(s) described in and who executed the within instrument and acknowledged to me that he (she) (they) executed the same freely aAd voluntarily. !.N TESTIMONY WHEREOF, I have hereunto set my hand and seal this 2.14;f day o• ��e�'.41 195 Notary Public for 1Oregon (NOTARIAL SEAL) My Commission Expires: Q-,2� Sr7 Approved as to form this � day of . 19 By: City Attorney - City of Tiger f� / S Approved as to legal description this Z�day of �Tn r 19s�_• by: City ngi-nee Cit 6f Tigard n tJrV dr Approved this day of A�pt}Gr, h� 19 CITY N CITY,OF TIGARD. OREGON B r City Retarder - City of Tigard '020bs) i LAYNE CASWELL SURVEYOR, INC. REGISTERED LAND SURVEYOR Oregon - Washington — Idaho 6120 S.W. Lombard Avenue Beaverton.Oregon 97005 Telephone 503/644.3179 October 11, 1985 REVISED DESCRIPTION FOR TAX LOT 1501 2S1 2DC The North 311.50 feet, of the West 80.00 feet of Lot 11 "Edgewood" In the Southwest quarter, of the Southeast quarter of Section 2, . Township (2) South, Range (1) West, Willamette Meridian, Washington County, Oregon, City of Tigard. EXCEPT the North 25.00 feet dedicated for S.W. Edgewood Street. Subject to an Ingress and egress easement, being the West 13.00 feet of the North 311.50 feet of Lot 11, for the property adjacent and to the South. Refer to a survey made by Walter L. Caswell dated October 10, 1985. y�5_ BOUNDARY SURVEYS • SUBDIVISIONS • TOPOGRAPHIC MAPPING • CONSTRUCTION STAKEOUT all 1 ® 1s�j o z d AASAY of AeACW6 ( sa�•oerw - sssT6o) -® soi�oeYv sac.cc' , � soi•oe'w Iz ok � 3.K Qom• JL �n t111 f-w Awa o.is � Q N wro4 AS Ptw r t.to ci7 _ �~ c fig;-- •"� ri OF lish.1 1�_ � �w u�� �I N- � g = •i €esx• r^ i d a'� v - [ ] STATE OF OREGON ) County of On the Q?—a--V/day of u-G�c� t9$S personally appeared before me the above-named 1,12Fn �vpfL�lj � who did execute the foregoing in my presence and acknowledged the same to be his/her voluntary act and deed. GATED this Qg,tdday of (1s ,ate_ 19 'S Notary Public for Oregon (NOTARIAL SEAL) My Commission expires: -97 [ ] STATE OF OREGON ) )ss. County of _(L2,2 On the .2.,7- day of 19 ti personally appeared before me the above-named ,/e t7f_•i-.i¢e , who did execute the foregoing in my presence and acknowledged the same to be his/her voluntary act and deed. DATED this �2� day of Notary Public for Oreg (NOTARIAL SEAL) My Commission expire s;,-,�- 7 [ ] STATE OF OREGON ) > ss. County of On the 3.�� day of l�c'! n-Ci A 19 �'s personally appeared before me the above-named Al. /Z . P4 L,1 fe � cc who did execute the foregoing in my presence and acknowledged the same to be his/her voluntary act and deed. DATED this -2 3 day of ���(e-C�F�L 19 05- Notary SNotary Public for Oregon (NOTARIAL SEAL) My Commission expires: 9- 06'-P7 [ ] STATE OF OREGON ) j ss. County of ) On the day of 19 , personally appeared before me the above-named , who did execute the oing in my presence and acknowledged the same to be his/her vo ry, act and deed. this day of , 19 Notary Public for, Oregon (NOTARIAL SEAL) My Commission expir [ ] STATE OF OREGON ) ss. County of ) On the day of 19 , personally appeared before me the above-nam , who did execute t oregoing in my presence and acknowledged the same to be his/her v ary act and deed. DA this day of 19 Notary Public for Oregon (NOTARIAL SEAL) My Commission expires: INDIVIDUAL - GENERAL PARTNERSHIP '= CONSENT COVENANT (NONREMONSTRANCE AGREEMENT) Sanitary Sewer Improvements The undersigned owners (including purchasers) of the real property described below do hereby record their consent to the formation of a local improvement district by the City of Tigard for the purposes of providing public sanitary sewer service that allows the below described property to connect to. The undersigned expressly waive all present and future rights to oppose or remonstrate against the formation of a local improvement district for sanitary sewer improvements, reserving only the right to contest the inclusion of particular cost• items in the improvement district proceeding and any right they may have under the laws of the State of Oregon to contest the proposed assessment formula. The real property that is the subjec• of this consent covenant is described as followst SEE ATTACHED EXHIBIT "A" IN WITNESS WHEREOF, the grantors has (have)�hereunto set his (herl (their) hand(s) and seal(s) this day of C.'r ra E•.y 19 S`3. (SEAL) i+ �%t f•�i�Li',R (SEAL) (SEAL) STATE OF OREGON ) ss. County of Washington BE IT REMEMBERED, that on this day of Lt, 9-1 19 YS before ms, the undersigned Notary Public/� in and for the State of Oregon, personally appeared the within-named !ZA„ L. aYgt_ F who is (are) known to me to be the identical individual(s) described in and who executed the within instrument and acknowledged to me that he (she) (they) executed the same freely and voluntarily. IN 7_pT'40NY WHEREOF, I have hereunto set my hand and seal this :2t c day of - X•t1 19 S'S Notary Public for Oregon f (NOTARIAL SEAL) Hy Commission Expires: -LF Approved as to form this _ day of , 19 By: City Attorney//-//City of Tigard Approved as to legal description this day of L/GfvOA✓ , 19�� CLU er - City of Tigard /� Swve u✓ Approved this day of N)1;2& ..y+n el- + 19 5 CI�iCERC.'",-.rd. CITY OF TICARD, OREGON By �r - City of Tigard (0206S) 1� LAYNE CASWELL SURVEYOR, INC. REGISTERED LAND SURVEYOR Oregon — Washington — Idaho 6120 S.W. Lombard Avenue Beaverton,Oregon 97005 Telephone 503/ 644.3179 ►��11 October 11 , 1985 �XNII3 IT REVISED DESCRIPTIOi4 FOR TAX LOT 1500 2S1 20C Beginning at the Southwest corner of Lot 11 "Edgewood" a subdivision of record in the Southeast quarter of Section 2, Township (2) South, Range (1) West, Willamette Meridian, Washington County, Oregon, running thence N Oto 081 W, along the West line of Lot 11, 20.00 feet to a 5/8 inch iron rod; thence continuing N 010 081 W, along said West line, 365.15 feet to a 5/8 inch iron rod, passing thru a 3/4 inch iron pipe at 309.99 feet; thence S 880 081 3611 E 80.00 feet to a 5/8 inch iron rod; thence S 010 081 W 53.59 feet to a 5/8 inch iron rod; thence S 890 151 5211 E 67.11 feet to a 3/4 inch iron pipe; thence S 10 151 4511 W 309.90 feet to a point from which a 3/4 inch Iron pipe bears N 10 151 4511 E 0.19 feet; thence continuing Y S 10 151 45t1 E 0.19 feet; thence continuing S 10 151 .4511 W 20.00 feet to the South line of Lot 11, being also the center line of S.W. McDonald Street; F thence N 890 181 0211 W 146.31 feet to the point of beginning. Containing x f 1.144 acres. EXCEPT the southerly 20.00 feet lying in S.W. McDonald Street Together with an ingress and egress easement over the West 13.00 feet of x the northerly 311.50 feet of Lot 11. All bearings and distances are based on a survey made by Walter L. Caswell dated October 10, 1985. BOUNDARY SURVEYS • SUBDIVISIONS • TOPOGRAPHIC MAPPING • CONSTRUCTION STAKE OUT lame „_ ,, LAYNE CASWELL SURVEYOR, INC. REGISTERED LAND SURVEYOR Oregon — Washington — Idaho 6120 S.W. Lombard Avenue Beaverton.Oregon 97005 • Telephone 503/644-3179 October 11, 1985 �X tr3tT" k„ C '::'0 .� REVISED DESCRIPTION FOR TAX LOT 1501 2S1 2DC The North 311.50 feet, of the West 80.00 feet of Lot 11 "Edgewood" In the Southwest quarter, of the Southeast quarter of Section 2, Township (2) South, Range (1) West, Willamette Meridian, Washington County, Oregon, City of Tigard. EXCEPT the North 25.00 feet dedicated for S.W. Edgewood Street. Subject to an ingress and egress easement, being the West 13.00 feet of the North 311.50 feet of Lot 11, for the property adjacent and to the South. Refer to a survey made by Walter L. Caswell dated October 10, 1985. BOUNDARY SURVEYS • SUBDIVISIONS • TOPOGRAPHIC MAPPING • CONSTRUCTION STAKEOUT nI <o A: Ii Z 'R J CN t1 � . af; SIL N X vi�j �F•. _ �o CA N' qac �• s Qn j ti N it V N o \. N7• Ov'� iob2 t N is capo rnv qq x +y OFav h x rs in w y v' n Qq. ? �✓Y i fis oP 09 9�JC M906/or ` © ( �r r�r.�tvo./or)®. (e9;orF /v►,ao.ios ) VNavry-vo sysve r)I v V�nr + Otiy s$14 r ' N x ili f�22►. ro N � "•v N 0 N z N N O i Is ME [ J STATE OF OREGON ) )ss. County of •�) On the -2a day of _ �� 19 �'S personally appeared before me the above--named rpAD L y- �.t-s J. f/AGE , who did execute the foregoing in my presence and acknowledged the sam to be his/her voluntary act and deed. GATED this -L�#L-ei day of l�� 1 19 �� Notary Public for Oregon (NOTARIAL SEAL) My Commission expires: [ J STATE OF OREGON j )33. County of On the ,2,2,_ day of is 19 3 personally appeared before me the above-named who did. execute the foregoing in my presence and acknowledged the same to be his/her voluntary act and deed. DATED this 1,& day of _ ,der 19 �?S Notary Public for tleTon (NOTARIAL SEAL) My Commission expi �+ 7 �y [ ] STATE OF OREGON ) ,! ) 33. County of 1Se , On the day of t 19 personally appeared before me the above-named M , 1-- COLr�/ r44AtE2 who did execute the foregoing in my presence and acknowledged the same to be his/her voluntary act and deed. 0ATEn this .P3AJ day of 42A�4/t • 19 Notary Public for Oregon (NOTARIAL SEAL) My Commission expires: 9-2f- J?7 [ ] STATE OF OREGON ) ss. County of ) On the day of 19 personally appeared before me the above-named who did execute the egoing in my presence and acknowledged the same to be his/her vol ry act and deed. DAT is day of 19 c Notary Public for. Oregon (NOTARIAL SEAL) My Commission e . es: [ ] STATE OF OREGON ss. County of _ ) On the day of 19 personally appeared before me the above-na who did execute t foregoing in my presence and acknowledged the same to be his/her vol ary act and deed. DATED s day of 19 Notary Public for Oregon (NOTARIAL SEAL) My Commission expires: 1 :':DIV DUAL - GENERAL PARTi:ERSHIY ! CONSENT COVENANT (NONREMONSTRANCE AGREEMENT) Street Improvements The undersigned owners (including purchasers) of the real property described oeiew do hereby record their consent to the formation of a local improvement district by the City of Tigard for the purposes of improving and S.W. McDonald Street The undersigned expressly waive all present and future rights to oppose or remonstrate against the formation of a local improvement district for the improvement of the above named street I reserving only the right to contest the inclusion of particular cost items in the improvement district proceeding and any right ;h e; may have under the laws of the State of Oregon to contest the proposed assessment formula. .he real property that is the subject of this consent covenant is described as toilows: SEE ATTACHED EXHIBIT "A" 1N WITNESS WHEREOF, the grantor(s) has (have) _hereunto set his %her) (their) hand(s) and seal(s) this r day of Lv p_�cF.•t 199 (SEAL) i e� SEAL) (SEAL) (SEAL) STATE OF ORECON ) ss. County of Washington ) BE IT REMEMBERED, that on this 31st day of taIA 19S S , b«tcre me, the undersigned Notary Pub'ic in and for the State of Oregon, personally appeared the within-named WU�e. VI/CI.F, who is (are) known to me to be the identical individual(s) described in and wi,t executed the within instrument and acknowledged to me that he (she) (they) execu-e-' the same freely and voluntarily. TESTIMONY WHEREOF, I have hareunto set my hand and seal this r qday 19 'Ps Notary Public for Oregon •.NOTARIAL SEAL) My Commission Expires: Approved as to form this day of 19 By: / City Attorney - City of Tigard Approved as to legal description this 294 day of 4:Z-1n©C! 19 & Cit ty of-Tigard Approved this day of NRu�e. .kit L 1� f CITY C UHCIL. CITY OF TICARD. OREGON B U-) City Recorder - City of Tigard .OZDbS) LAYNE CASWELL SURVEYOR, INC. REGISTERED LAND SURVEYOR Oregon — Washington — Idaho 6120 S.W. Lombard Avenue Beaverton,Oregon 97005 • Telephone 503 / 644.3179 X 1-1113 IT ►�it< October 11 , 1985 REVISED DESCRIPTION FOR TAX LOT 1500 2S1 2DC Beginning at the Southwest corner of Lot 11 "Edgewood" a subdivision of record in the Southeast quarter of Section 2, Township (2) South, Range (1) West, Willamette Meridian, Washington County, Oregon, running thence N 010 081 W, along the West line of Lot 11 , 20.00 feet to a 5/8 inch iron rod; thence continuing N 010 081 W, along said West line, 365.15 feet to a 5/8 inch iron rod, passing thru a 3/4 inch Iron pipe at 309.99 feet; tT thence S 880 081 3611 E 80.00 feet to a 5/8 inch iron rod; thence S 010 081 W 53.59 feet to a 5/8 inch iron rod; thence S 890 151 5211 E 67.11 feet to a 3/4 inch iron pipe; thence S 10 151 45" W 309.90 feet to a point from which a 3/4 inch iron pipe bears N 10 151 4511 E 0.19 feet; thence continuing S 10 151 45" E 0.19 feet; thence continuing S 10 151 .45t1 W 20.00 feet to the South line of Lot 11, being also the center line of S.W. McDonald Street; thence N 890 181 02" W 146.31 feet to the point of beginning. Containing 1.144 acres. EXCEPT the southerly 20.00 feet lying in S.W. McDonald Street Together with an ingress and egress easement over the West 13.00 feet of the northerly 311.50 feet of Lot 11. All bearings and distances are based on a survey made by Walter L. Caswell dated October 10, 1985. BOUNDARY SURVEYS • SUBDIVISIONS • TOPOGRAPHIC MAPPING • CONSTRUCTION STAKE-OUT , W O j V ZL� � .� f• CL h ♦ ^♦ go J �N O V raj G j6�"IPl {1G8Qy7 yWI fr �Q • N waNrYLJ"• a O . j� j♦, T rk cs a 0 N T LW Ott t t"0 of's.+ Y v i s wv V,4 V 0E° �.f o 95' ft I n Ma �1 V i7 65 oP 99'e9E M,pCL/vr o'G6 O?r M,S?O./OF '- � � ( tea'+ac.tit.Qo-iOr)O• (o.P'oEE M,Bo./os ) , 5YS*VJ7 v IL � O�•V� r i•• W W � �O J Qp pp Oto- 9-2 _ ^ N .y i Q�J pN� �Fy 1py y� N= S >• JMjQ�J, N :I - r f E ] STATE OF OREGON ) )ss, County of a On the as-K day of e.c,e Qin 19 SS personally appeared before me the above-faNwd __-FRED C who did execute the foregoing in my presence and acknowledged the same to be his/her voluntary act and deed. OATF1? this a•Ld day of 19 ?4:Z7 Notary Public for Oregon (NOTARIAL SEAL) My Commission expires: 9 [ ] STATE OF OREGON ) )ss. County ofrx-,!� ) On the 2 _ day of 4-- e- 19 ly 5 personally appeared before me the above-named who did execute the foregoing in- my presence and acknowledged the same to be his/her voluntary act and deed. DATED this day of __- ? 19 8 y ZL i;�1;�114/—� Notary Public fo regon (NOTARIAL SEAL) My Commission expires: �7 S {. ..•�N �rw.rwr�e.- .. ......�....�-.-r..� r .•.w •.r. .r r-�- •.� -- •-. ..-...��nY v..-...-• .-w ..�.�r-......-• • .. W CITY OF TIGARD, OREGON s COUNCIL AGENDA ITEM SUMMARY 7 Q AGENDA OF: 11-18-85 AGENDA ITEM #: / r 1 DATE SUBMITTED: 11-5-85 PREVIOUS ACTION: Acceptance of Street__ ISSUEIAGENDA TITLE: Acceptance of Dedication Compliance A reement Bethany Assoc. and S & J Builders PREPARED BY: Randy Cl_arno Street Dedication REQUESTED BY: Engineering &_Developer DEPARTMENT HEAD OK-. +f/T t CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY S & J Builders and Bethany Associates are the developers of the Meadow Creek Apartment complex located just west of SW 121st Ave. and south of SW Scholls Fry. Road. Conditions of development included the dedication and improvement of SW North Dakota Street. Attached are the appropriate dedication documents for your review. ALTERNATIVES CONSIDERED SUGGESTED ACTION Engineering recommends that Council accept these Street Dedications and direct the City Recorder to have all documents recorded with Washington County. (RC:pm22) r f INDIVIDUAL-GENERAL PARTNERSHIP STREET DEDICATION KNOW ALL MEN BY THESE PRESENTS, that S & J Builders Ltd. do hereby dedicate to the Public a perpetual right-of-way for street, road and utiliLy purposes on, over, across, under, along and within the following described real property in Washington County, Oregon: See Attached Legal Description To have and to hold the above-described and dedicated rights unto the Public forever for the uses and purposes hereinabove stated. The grantor(s) hereby covenants that they are the owner(,) in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant the rights above-described, and they will pay all taxes and assessment& due and owing on the property. The amount paid for this dedication is $ 0.00 IN WITNESS WHEREOF, the grantor(*) has (have) hereunto set his (her) (their) hand(!) and al(s) this 25th day of _ October--. 19 85 �. (SEAL) (SEAL) (SEAL) (SEAL) STATE OF OREGON ) ss. COUNTY OF WASHINGTON) October 25 . 1985 personally appeared the above named ROBERT G. JOHNSON who executed this instrument and each of them acknowledged to me that this instrument was executed voluntarily and freely. Notary Public for Oregon Hy Commission expires: //-7 ACCEPTANCE Approved as to fora this day of , 19 By: City Attorney - City of Tigard f Approved as to legal description this �day of G 9 By: `-.--� CVY/Ewrisse ' 'MYJV Tigard /�� Accepted by the City Council -this .1_S� day of 19&�' CITY CO NCL CITY OF TARD,•OREGON B Q� ty Recorder - City of Tigard (1704A) (7-84) Westlake Consultants Inc. 7145 S.W. Varns fid. Tigard, Oregon 97223 e 503-684-0652 S' & J Builders, Ltd. Meadow Creek Street Dedication for Entry Road October 24, 1985 LEGAL DESCRIPTION A tract of land situated in the N.W. 1/4, Sectibn 34, TlS, R1W, W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: Commencing at the West quarter corner of said Section 341 thence, North 0010148" West, along the West line of said Section ( 34, 148.08 feet to the true point of beginning; thence, continuing along the West line of said Section 34, North 0010148" West, 486.28 feet; thence, North 89052127" East, 40.00 feet: thence, South 0010148" East, 385.61 feet; thence, along the arc of a 237.06 foot radius curve to the left, through a central angle of 26049128" (chord bears South 13035 '33" East, 109.98 feet) an arc length of 110.99 feet: thence, South 27000'16" East, 128.61 feet; thence, along the arc of a 335.01 foot radius curve to the right, through a central angle of 5006107" (chord bears South 24027113" East, 29.82 feet) an arc length of 29.83 feet to a point on the South line of the Northwest one-quarter of said Section 34; thence, along the South lane of the Northwest one-quarter of said Section 34, South 89054150" West, 65.81 feet: thence, North 27000116" West, 109.74 feet: thence, along the arc of a 334.39 foot radius curve to the right, x through a central angle of 9°18140" (chord bears North 22020'58" f West, 54.28 feet) an arc length of 54.34 feet to the point of beginning. ENGINEERING / SURVEYING / PLANNING s:� c _v G ci N% o Qtj � w is 30 Hca 64 J z UN 33 u dJ • • O c1 - W '� lr3'S9 -� •� cJ .s p 1 in .l� LL LL V, ofd. l S Q � o 4 %j - CO 3 3 ,0 A m — -i -- I or, �rt co -ca ` d V s� a Cm co Ir Z d in o ,� J Ngo CO cr ZgcrW LL I � Aa - •_. GGA..��� J� 3 j�. LU'cu • O t" LU ^ g CK INDIVIDUAL-GENERAL PARTNERSHIP STREET DEDICATION KNOW ALL HEN 1Y THESE PRESENTS, that Bethany Associates, Ltd. do hereby dedicate to the Public a perpetual right-of-way for street, road and utility purposes on, over, across, under, along and within the following described real property in Washington County, Oregon: See Attached Legal Description To have and to hold the above-described and dedicated rights unto the Public forever for the uses and purposes hereinabove stated. The grantor(*) hereby covenants that they are the owner(s) in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant the rights above-described, and they will pay all taxes and assessments duo and owing on the property. The &mount paid for this dedication is 3 0.00 IN VaTHESS WHEREOF, the grantor(s) has (have) hereunto set his (her) (their) hand(*) and a s) this 25th day of October , 19 85 (SEAL) __ (SEAL) (SEAL) (SEAL) STATE OF OREGON ) COUNTY OF WASHINGTON) nrtober 2,�,�Dn, 1485 Personally appeared the above named ROBERT G JOHNSON who executed this instrument and each of them acknowledged to me that. this instrument wss executed voluntarily and freely. oAZ4/ Notary Public for Oregon Hy Commission expires* ACCEPTANCE Approved as to form this day of , 19 gyt j( C ty Attornay - C ty of Tigard Approved as to legal description this day of / h -!' • 19 S By: !- � y•C ty l;+fdeT - City -Tigard we ur Accepted by the City Council this o day of CITY CO IL. CITY OFTICAAD.•OREGON i ty Recorder - Zity of Tigard (1704A) (7-b4) rr Westlake Consultants Inc. 7145 S.W. Vorns Rd. E Tigard, Oregon 97223 ILL • 503-684-0652 Bethany Associates, Ltd. Meadow Creek Street Dedication for Entry Road October 24, 1985 LEGAL DESCRIPTION A tract of land situated in the N.W. 1/4, Section 34, T1S, R1W, W.M. , City of Tigard, Washington County, Oregon, being more particularly described as follows: Commencing at the West quarter corner of said Section 34; thence, North 00I0148" West, along the West line of said Section 34, 634.36 feet to the true point of beginning; thence, continuing along the West line of said Section 34, North 0°10148" West, 524.26 feet to a point on the South r.'.ght-of-way line of S.W. Scholls Ferry Road (CR 348) which is 30.00 feet from (when measured at right angles) the centerline of S.W. Scholls Ferry Road; thence, along the .South right-of-way line of said S.W. Scholls Ferry Road North, 78041149" East, 4.98 feet to an angle point= thence, continuing along said South right-of-way line, North 84021149" East, 42.92 feet; thence, along a 38.00 foot radius curve to the left, through a central angle of 320571080, (chord bears South 16017146" West, 21.55 feet) a distance of 21.85 feet; thence, South 0010148" East, 75.93 feet; thence, South 05031150" West, 65.32 feet; thence, South 0010148" East, 367.74 feet; thence, South 89052127" West, 35.00 feet to the point of beginning. ENGINEERING / SURVEYING / PLANNING cr "%% f _ h> • o 2 =W 71 `� v Q -z � Zr) J L. cod Ir � ,^ at4Ta to � � v Ad -� or Ir 0 1 L ao CO 3 30 co s Z w av c a-co o ,o +� Ej Z n y � �I M Z LUw� ti CITY OF TIGARD, OREGON f' COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 11/18/85 AGENDA ITEM #: DATE SUBMITTED: 11/14/85 PREVIOUS ACTION: ISSUE/AGENDA TITLE: OPEU/TMEA Contract PREPARED BY: REQUESTED BY: Bob Jean i DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE N/A INFORMATION SUMMARY Attached is the text of the agreement with Oregon Public Employees Union/Tigard Municipal Employees as approved by the City Council and signed by ` the Mayor and City Administrator. ALTERNATIVES CONSIDERED N/A SUGGESTED ACTION Receive and File lw/3443A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF TIGARD AND TIGARD MUNICIPAL EMPLOYEES ASSOCIATION (OPEU) EXPIRES JUNE 30, 1987 1 • 1 � TABLE OF CONTENTS PREAMBLE . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 1 RECOGNITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 2 SAVINGS CLAUSE. . . . . . . . . . . . . . . . . . • . . . . . . . • • 3 ARTICLE 3 EMPLOYEE RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 4 MANAGEMENT RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 5 UNION SECURITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 6 UNION RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE • 7 CITY SECURITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 8 PROBATIONARY PERIOD. PROMOTION AND TRANSFER . . . 9 ARTICLE 9 HOURS , OVERTIME AND PREMIUM PAY. . . . . . . . . . . . . . . 12 ARTICLE 10 HOLIDAYS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE 11 VACATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE 12 BENEFITS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 13 SALARIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ARTICLE 14 TRAVEL, TRAINING AND CLOTHING ALLOWANCE. . . . . . . 22 ARTICLE 15 SICK LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE 16 OTHER LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE 17 LAYOFF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 18 DISCIPLINE AND DISCHARGE. . . . . . . . . . . . . . . . . . . . . . 32 ARTICLE 19 PERSONNEL RECORDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 ARTICLE 20 CONTRACTING AND SUBCONTRACTING OF WORK. . . . . . . . 35 ARTICLE 21 GRIEVANCE PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . . . . 37 ARTICLE 22 TERM OF AGREEMENT AND REOPENING . . . . . . . . . . . . . . . 39 APPENDIX A SALARY RANGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 1' PREAMBLE This Agreement is entered into as of this 141 — day of /V 0,9 1985 , by the Oregon Public Employees Union, Local 503, Service Employees International , AFL-CIO, hereinafter referred to as "Union , " and the City of Tigard , hereinafter referred to as the "City," for the purposes of collective bargaining . It is the purpose of this document to set forth the full Agreement between the above-mentioned part> c on matters relating to employ- ment relations. The City and the Union acknowledge that during the negotiations which resulted in this Agreemeni. , each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining , and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in full in this Agreement . Therefore, the City and the Union, for the life of this Agreement , --ach voluntarily and unqualifiedly waive the right , and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement or with respect to any subject or matter not specifically referred to or covered in this Agreement , even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agree- ment. f t 1 ARTICLE 1 RECOGNITION Section 1 . Bargaining Unit: The City recognizes the Oregon Public Employees Union as the sole and exclusive bargaining agent, for the purpose of establishing wages, hours, and conditions of employment, for the classifications listed in Exhibit "A" for all full-time regular employees (those employees regularly scheduled to work 40 hours per week) and for all regular part-time employees ( those employees regularly scheduled to work 20 hours or more per week , but less than 40 hours per week) . All seasonal employees ( those hired to work for a fixed period of time which is less than 1 year) , casual , irregular part-time (those scheduled to workless than 20 hours per week) and all other employees are excluded from the bargaining unit . Section 2. Non-Discrimination: This Agreement shall be applied equally to all employees rep- resented by the Union without discrimination as to age, sex, marital status, race, color , creed , handicap, religion , or national origin . The Union shall share ' equally the responsibility for applying the provisions of this paragraph. Inasmuch as both State and Federal law include mechanisms for the resolution of discrimination issues, the Union and the City agree that the provisions of this Section may be used as the basis for a Step 1 through Step 3 grievance, but shall not be pur- sued to Step 4 - Arbitration , or otherwise cited as the basis for a claim of a violation of this Agreement. Section 3. New Classifications: 2 { j M 60 e The City shall notify the Union of its decision to change or add any new classifications. If the City and the Union cannot agree whether a new position is supervisory , managerial , confi- dential or if a new classification should be included in the bar- gaining unit the dispute shall be submitted to the Employment Re- lations Board. When the parties are unable to agree as to the representation status of such a new position the City shall have the option of leaving the position vacant or filling the position at a provisional wage rate until the issue is resolved . If such a position is filled on a provisional basis and if there is a sub- sequent adjustment in the wage rate, such adjustment shall be retro- active to the date that the position was filled. t ARTICLE 2 SAVINGS CLAUSE If any Article or Section of this Agreement or any amendment thereto should be held invalid by operation of the law , or by any lawful tribunal having jurisdiction , or if compliance with or en- forcement of any Article or Section should be restricted by such tribunhl, the remainder of this Agreement and addenda shall not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such Article or Section . `� 3 C S k ARTICLE 3 EMPLOYEE RIGHTS �. Employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing, Y relations . for the purpose of representation on matters of employee � the right to refuse to join or participate New employees shall have in the activities of any employee organization . No employee shall be interfered with, intimidated , restrained , coerced or discrimin- ated against by the City or by any employee because of his/her exercise of these rights. ARTICLE 4 MANAGEMENT RIGHTS The City Administrator and department heads shall exercise the sole responsibility for management of the City and direction of its work force. To fulfill this responsibility , the rights of the City include but are not limited to; establishing and di- recting activities of the City ' s departments and its employees, determining services to be rendered, standards of service and method of operation , including the introduction of new equipment ; estab- lishirig procedures and standards for employment and promotion ; layoff , transfer, and demotion; to discipline or discharge for just cause; determine job descriptions; determine work schedules and assign work and any other rights except as expressly limited by the terms of this Agreement . In all matters not specifically limite-i Viy this contract, the City shall have a clear right to make and to implement decisions in all such areas on a unilateral 4. 4 basis. All such decisions and actions shall not be subject to the contract grievance procedure or other claim of a violation of this Agreement. ARTICLE S UNION SECURITY Section 1 . Dues Checkoff : The City , when so authorized and directed in writing by an employee member of the bargaining unit on the authorization form provided by the City , will deduct bargaining unit dues and insurance premiums from the wages of such employee. The City will not be held liable for check-off errors but will make proper adjustments when notified of errors as soon as f is practical . It is also agreed that neither any employee nor the Union shall have any claim against the City for any deduction made or not made as the case may be , unless a claim of error is made in writing to the City within 45 calendar days after the date such deductions were or should have been made. Applications for Union membership shall first come to the Union: The Union will submit membership applications to the City . For all membership applications submitted by the Union to the City on or before the 10th of the month, dues deductions shall be made for the month in which the application is submitted. Dues will continue to be deducted until the employee rescinds the request in writing . Copies of all such requests for membership cancellation shall be transmitted to the Union . If an employee �^ 5 cancels his/her membership , the City shall immediately begin deducting fair share payments. The aggregate deductions of all employees together with an itemized statement shall be remitted to the Union no later than the 10th day of the month following the month for which the de- ductions were made. The itemized listing of the Union members shall reflect employees terminations , retirements, cancellations , leave without pay , return from leave without pay, new members, salary change, new changes, or any other personnel action which would reflect the amount of the dues withheld . The City agrees to automatically adjust the dues amount (or fair share payment) for employees who salaries increase or decrease during the term of this Agreement. Section 2. Fair Share: All the employees covered by the terms and conditions of this Agreement shall become members of the Union or make payments in-- lieu-of dues (fair share payments) to the Union. The City shall notify all newly hired employees of this requirement at the time of employment . Bargaining unit members, who exercise their right of non-- association only when based on a bona fide religious tenet or teach- ing of a church or religious body which such employee is a member , shall pay an amount of money equivalent to regular monthly dues to a non-religious charity or to another charitable organization mutually agreed upon by the employee and the Union . Such payment shall be remitted to that charity by the employee and this fact 6 certified by the employee to the City within 10 calendar days of the time dues or fair share payments will have been taken out of the employee ' s paycheck . The City shall . within 10 calendar days of its receipt send a copy of such certification to the Union . If an employee fails to provide certification to the City by the 10th day , the City shall resume dues or fair share deductions until such notice is provided . Fair share payments shall be deducted from the wages of non- member employees in accordance with ORS 243.672( 1 )(c ) . The aggre- gate deductions of all fair share payers shall be remitted together with an itemized statement to the Union no later than the 10th of the month following the month for which deductions were made. Section 3. Indemnification : The Union will indemnify , defend and hold the City harmless against any claim made and against any suit instituted against the City as a result of any City action taken pursuant to the pro- visions of this Article. • ARTICLE 6 UNION RIGHTS Section 1 . Meetings With the City : Employees who are officers of the Union or otherwise directly involved in a particular grievance, shall be allowed to attend meetings with representatives of the City without loss of regular pay. The Union shall advise the City as to which employees will attend any such meeting when the time for the meeting is set and 7 it .shall be the responsibility of each individual employee to pro- vide advance notice of the meeting to his or her immediate super- visor. The City reserves the right to change the time of any meet- ing that unduly disrupts City operations . Section 2. Negotiations: The negotiating team of the Union , to be comprised of not more than 3 employees, shall be permitted to attend negotiation meetings with City representatives without loss of regular pay when such negotiations are scheduled during the regular work hours of the involved employees . Prior to the commencement of negotia- tions, each of the Union ' s bargaining team members shall be released from duty for 3 hours to prepare for negotiations. Section 3. Bulletin Boards: The City agrees to furnish and maintain suitable bulletin board space in convenient places to be used by the Union . The Union shall limit its posting of notices and bulletins to such bulletin boards. Section 4. Personnel Policies: The City shall submit a copy of any proposed revisions to the Cfty 's Personnel Policies and Procedures Manual to the Union for comment before such revisions are adopted. The Union shall also receive a copy of any work rules or other memorandum that are distributed to all of the employees in the City or a department of the City . .. 8 ARTICLE 7 CITY SECURITY t f The Union agrees that during the term of this contract its { membership will not participate in a strike, work stoppage, sympathy strike, slowdown, or interruption of City service . Violation of this Section shall be grounds for disciplinary action up to and t F including discharge. F ARTICLE 8 PROBATIONARY PERIOD, PROMOTION AND TRANSFER Section 1 . Determining Seniority : For the purpose of this Agreement , seniority shall be defined as an employee' s length of continuous service with the City from the most recent date of hire in a regular full-time or regular part-time position , regardless of whether or not that position is in the bargaining unit . i Section 2. Probationary Period: a. New Employee : 'r The probationary period shall be a minimum of 6 months for all new employees. By mutual agreement of the City and t the employee , an extension of the probationary period of a maximum of an additional 3 months may be implemented . During the probationary period , an employee may be discharged at the sole discretion of the City without any reason or cause being shown. b. Promoted Employee: . . A newly promoted employee will be subject to a probation- f 9 r Eyy I ary period of b months in the new classification. During a promotional probationary period, an employee will continue to be considered a regular employee , will accrue seniority and shall be protected in discipline and discharge procedures on the same basis as other regular employees. However , such a promotional probationary period employee may be returned to his/her previous or equivalent position at the sole discre- tion of the City , with written notice to the employee for the reasons for the action . Employees shall have the right to return to their previous position or an equivalent position , within the probationary period , at their request. Section 3. Job Posting: All vacancies to be filled shall be posted on appropriate bulletin boards for at least 5 days prior to the application dead- line. Section 4 . Promotions: Current City employees shall be granted interviews and shall be given priority consideration for all promotional opportunities , if they meet the qualifications. In cases where two current City employees are equally qualified for a promotion , the promotion shall be given to the employee who has the highest seniority . Promotions will be made from the employee ' s current pay rate to the nearest higher pay rate in the new pay range to result in a salary increase of at least 5% but not more than 10%. Any employee who interviews for a vacant position , and who is not selected , shall be entitled to a second interview to discuss actions he or 10 FM she might take to become a more viable candidate for future open- ings. Section 5. Reclassification: If an employee believes that the duties of his/her position are no longer consistent with the classification to which he or she is assigned a classification review request may be submitted to the City . The classification review request shall detail the specific changer in job duties that have occurred since the effec- tive date of this Agreement. The City shall have 45 days to review and respond to a classification review request and shall have an additional 45 days if an outside consultant is to be retained for the purpose of reviewing the request. The City shall have no ob- ligation to change the employees classification unless it finds that there have been substantial changes in the duties of the posi- tion since the effective date of this Agreement. No classification review request may be submitted by an em- ployee during the period of his or her probationary service with the City . The foregoing shall not be construed as preventing the City } t from dxercising its right to transfer employees, to assign job L duties , to define and redefine the job duties of any position , and upon its own initiative to reclassify positions pursuant there- s to. When a position is reclassified , the incumbent who is subject to the reclassification shall be paid as follows: a. If the new classification has a higher maximum rate of pay , k 11 the employee shall be paid the minimum rate plus SZ of the new classification or 5% in addition to his/her current rate, whichever is greater . b. If the new, classification has a lower maximum rate of pay . the employee shall recevie his/her existing rate of pay but shall not be eligible for cost of living increases until such time as the established maximum pay rate for the new classifi- cation exceeds his/her rate of pay . All reclassifications shall be effective upon the first of the month following the month in which the reclassification request was submitted to the City . No grievance regarding an employee' s classification assignment may be filed until after the provisions t of this Section have been exhausted . If a grievance regarding an employee ' s classification assignment is pursued to arbitration , the Arbitrator shall be bound to the standards contained in this Section in making his/her determination . ARTICLE 9 HOURS , OVERTIME AND PREMIUM PAY Section 1 . Work Week: The work week, consistent with the operating requirement of - the City , shall be a 5-8, 4-10, flexible or part-time as follows: a. A "5-8" work schedule shall consist of 5 consecutive days of 8 work hours each. b. A "4-10" work schedule shall consist of 4 consecutive days F of 10 work hours each. t 12 z c C. A "flexible" work schedule shall be equal in total hours worked during the pay period to that of a "5-8" employee but shall have no maximum or minimum number of work hours per day or work days per week. Such work schedule shall not be in effect unless agreed upon in advance by the individual affected em- ployee and the City . d . "Regular Part-time" employees , which shall mean any employee scheduled to work less than 40 hours per week, or the equiv- alent on a flexible schedule, may be scheduled to work a por- tion of any of the above specified schedules. Section 2. Overtime: The City and the Union agree to waive the application of ORS 279.340 and shall utilize the following provision in determining compensation for overtime: All authorized work shall be compensated at the rate of time and 1/2 for work under the following conditions: a. Employees assigned to a 5-8 schedule shall receive overtime credit for any work after 8 hours on any work day , and for any work performed on the 6th or 7th day of the employees work week. b. Employees assigned to a 4-10 schedule shall receive overtime credit for any work after 10 hours on any work day and for any work performed on the 5th , 6th or 7th day of the employees work week. C. Employees assigned to a flexible work schedule shall receive overtime credit for all authorized work hours that exceed 13 } S mmmm7l 1- 40 hours per week. All overtime pay shall be computed to the nearest 1/4 hour . Under no conditions will overtime be paid twice for the same hours worked . Section 3. Payment of Overtime: Overtime that is not scheduled as compensatory time off during the pay period, in which it is worked shall be paid in cash. A permanent record of the overtime accrued shall be maintained within the department and be available to the employees for inspection upon request. Compensatory time off may be taken by mutual consent of the employee and the City and is to be scheduled in a manner that is consistent with the needs of the City . All accrued com- pensatory time shall be paid in cash upon termination of employment with the City. Section 4. Shift Change Premium: If an employee 's regularly scheduled work hours are changed with less than 7 days advance notice, those hours upon the first day of the modified schedule that fall outside of the originally scheduled hours shall be paid at the overtime rate. The provisions of this Section shall not apply if the change in work hours is it the request of the employee or is the result of an unforeseeable circumstance such as inclement weather . Section 5. Call-Back: Any employee who has completed his/her workday and departed the City 's premises upon completion of said day and is then called back to work more than 2 hours before the start of his/her ne- t 14 normal shift will receive a minimum of 2 hours pay at time and 1/2 at the employee' s regular rate of pay . In the event such a call-in occurs less than 2 hours prior to the start of the employ- eels next normally scheduled shift, the employee shall receive overtime pay until the start of his/her regular shift , at which i time he/she will begin receiving compensation at his/her regular straight time rate. Section b. Acting in Capacity : The parties agree to strive to encourage and provide on-the-job training for employees. When an employee is assigned for a limited period to perform duties of a higher level of classification for more than 10 days (8 hours or any portion thereof) , that employee shall be paid prem- ium pay of a minimum of 5%, but not to exceed a maximum of 10%. When assignments are made to work out of classification for more than 10 days, the employee shall be compensated for all hours worked beginning from the first day of the assignment for the full period of the assignment. An employee performing duties out of classification for train- ing and developmental purposes shall be so informed in writing, and it shall be mutually agreed to by the supervisor and the em- ployee. The notice shall state the purpose and length of assign- me nt . During the training there shall be no extra pay for the work. A copy of the notice shall be placed in the employee ' s file. y.� 15 r r ARTICLE 10 HOLIDAYS f` The City of Tigard shall observe the following paid holidays: e New Year ' s Day Martin Luther King Day President ' s Day Memorial Day Independence Day Labor Day Veteran' s Day Thanksgiving Day Day after Thanksgiving Christman Day One floating holiday !! If a holiday falls on a Saturday , it will be observed on the l previous Friday; if it falls on a Sunday , it will be observed on the following Monday . A regular full-time employee shall receive 8 hours pa} for each of the holidays listed above on which he/she performs no work . If an employee is required to work on any of the holidays listed above; he/she shall be compensated for all hours worked at the rate of time and 1/2 with a minimum guarantee of 2 hours work . _ Holiday benefits for regular part-time employees (20 hours per week or more) shall be granted on a pro-rated basis (hours per week worked divided by 40) . �` 16 ARTICLE 11 VACATION Section 1 . Accrual : Full-time employees shall accrue vacation days at the following rates: 0 to 6 month probation period no vacation 6 months to 1 year of service 7 .0 hrs/mo After the 1st anniversary of service 8 .0 hrs/mo After the 5th anniversary of service 10 hrs/mo After the 10th anniversary of service 12.5 hrs/mo After the 15th anniversary of service 14 hrs/mo After the 20th anniversary of service 16 hrs/mo A part-time employee shall accrue vacation on a pro-rata basis based upon the relationship their regularly scheduled work week bears to that of a full-time employee. Notwithstanding the above specified rates of vacation accrual , no employee shall be allowed to accumulate vacation in excess of 160 hours. It shall be the responsibility of each employee to schedule sufficient vacation so that he or she is not denied accrual of additional vacation . Sectioh 2. Utilization : Vacation periods shall be scheduled at the mutual agreement of the City and the individual employee. Between April 1st and 15th of each year , the City shall circulate within each department and in order of seniority, with the most senior employee afforded E the first election, a vacation sign-up roster for the following k fiscal year. Each employee shall be allowed to select one con- 17 f tinuous vacation period from the portions of the year in which vacation is available . After the seniority vacation selection i as provided for above, all additional vacation will be scheduled i i subject to the operational needs of the City with the first request { received having priority basis. An employee shall also be allowed to convert up to 1 week of accrued vacation time into cash provided he or she is also taking at least 1 week of vacation time off . i' All regular employees shall be entitled to payment for unused vacation. leave upon separation from City service. In the event : of death, the employee ' s heirs will be entitled to payment for unused vacation leave. Once a vacation request has been approved , it shall not be canceled unless due to circumstances beyond the control of the City a hardship on the City or other employees would be -created } if the vacation were not canceled . Approved vacation leave may not be canceled by the City except in the event of an emergency which creates an abnormal work load or other condition not under control of the City . In the event of such condition or emergency , the employee shall be notified of the cancellation in writing . Unrecoverable transportation or lodging deposits provided the employee notified the City of same f at the time that the vacation was canceled , will be paid by the City if the employee produces proof of such unrecoverable deposits. Section 3. Transient Provision : Any employee who, as of the effective date of this Agreement , F 18 t E was accruing a greater number of hours of vacation per month than the number of hours per month that is specified for his/her years of service in Section 1 hereof , shall continue to accrue vacation at his/her current rate until such time as he/she will receive a greater number of hours of vacation per month pursuant to the schedule specified in Section 1 . • fi ARTICLE 12 BENEFITS Section 1 . Life Insurance: The City shall provide each employee with a $25 ,000 g rou P x term policy and will pay 100% of the premium. Section 2. Medical Insurance: The City agrees to provide. League of Oregon Cities Plan II coverage or substantially equivalent level of coverage for each employee and all enrolled dependents. If the employee elects LOC plan IV Kaiser or other available alternative insurance coveraget the maximum City contribution towards the cost of such coverage shall be limited to the cost of the basic coverage specified above. Section 3. Dental Insurance: The City shall provide fully paid Oregon Dental Service Incen- tive Plan 70/30 for each employee and all enrolled dependents or substantially equivalent level coverage. Section 4 . Disability Insurance: The City agrees to provide disability/salary continuation insurance at 60% of base salary up to $1 ,000 per month to provide 19 i l coverage after 60 days of disability. Section 5. Retirement : Within 90 days of the effective date of this Agreement . the City shall establish a qualified 401 A retirement plan. Effective the first of the month following the month in which this Agreement is ratified, the City shall contribute 10% of each employees gross pay to that employee ' s retirement account. The existing retirement plan shall continue in force until ►.he 401A plan referenced above is established . After the 401A plan is established , the exis-Ling plan assets shall be frozen . Section 6. Part-Time Employees: The City shall contribute 50% of the cost of the basic medical coverage specified in Section 2 above and 50% of the cost of the dental coverage specified in Section 3 for those employees who are regularly scheduled to work less than 32 hours per week and who elect to obtain such coverage. Section 7 . Carrier Selection : The City reserves the right to provide the insurances and other benefits outlined above through a carrier of its choice. The City shall notify the Union of any changes in insurance carrier or other carriers at least 30 days prior to the change. The parties agree that all insurance and other benefits are subject to the terms and conditions of contracts and/or agreements between the City and the insurer(s) . t C t 20 i ARTICLE 13 SALARIES Section 1 . Wage Rates: The salary range for each classification shall be as set forth in Appendix A hereof . All advancement within the range shall be based upon merit . Section 2. Probationary Step: New employees shall be hired within the range established for their classification and advanced S% effective with the first Mull pay period following completion of their probationary period . , Section -3. Evaluations: All employees shall be evaluated in writing a minimum of two times per year. The results of the evaluation shall be reviewed with the employee and the employee shall have the right to attach written comments or objections to the evaluation. All salary in- creases within the salary range established in Appendix A shall be pursuant to a merit performance review which shall be based upon the written evaluation as specified above. All employees who are not at the top step of their salary range shall have a merit performance review which shall be conducted within one year of the last merit performance review. The employee shall be in- formed of the results of his/her merit performance review, including the amount of his/her merit increase if any, at least 20 days prior to the date that he or she is eligible to receive a merit increase. �. . 21 TZ Y r �.r 1 ARTICLE 14 TRAVEL, TRAINING AND CLOTHING ALLOWANCE Sects g ' on 1 . Mileage Reimbursement: Whenever an .employee is authorized to use his/her personal vehicle in performance of official City duties, he/she shall be compensated at the standard IRS allowed rate. Section 2. Per Diem: Whenever travel outside the City is required , the City shall reimburse employees for necessary and reasonable receipted meals, dodging and other expenses. Section -3. Multiple Reporting Stations: F- The following shall be effective through June 30 , 1986 only : When an employee is required to have more than one work site on a recurring basis, or by the nature of his/her work is required to attend meetings or other activities at locations other than his/her normal work site, and when such activities , meetings, etc . , result in the necessity of reporting to work more than once in the course of the day , and if the required second reporting to work occurs outside of or after normal working hours of the employ- ee , then compensation for mileage shall be paid the employee if requested within 30 days of occurrence. }iowever , for work sites, meetings, etc. , located in Tigard such compensation shall not be paid for mileage which is incurred in excess of 8 miles from point of departure to work site. For meetings, work sites, etc . , which are located outside of Tigard , mileage will be measured from City Hall to the location in question , or from the employee ' s point of departure to the location in question , whichever is the shorter. F 22 t F } i f } Section 4. Training: a. Assigned Training : In addition to receiving per diem and lodging, assigned training time shall be paid for as hours worked. Travel time, provided no overnight stay is involved , shall also be paid for as hours worked . b. Voluntary Training : Training that is not assigned may be with or without pay reimbursement of expenses and tuition costs at the discre- tion of the City. Such training or course work may also be subject to such other conditions and restrictions as the City in its discretion may specify . The employee shall be advised at the time that training is approved as to whether the train- i ing is considered assigned or voluntary training . Section S. Tuition Reimbursement: The City will reimburse an employee for 100% of the cost of tuition and fees for courses conducted outside the employee ' s reg- ular working hours to provide employees an opportunity for personal career development and to increase the technical competency of the City. This reimbursement will be made with the provision the employee requesting such reimbursement made application for approval of the course and tuition reimbursement to his/her department head prior to the registration deadline for such course. The employee must show evidence of a "C" or better or passing (when no grading is used) or must reimburse the City of all costs advanced to the employee for the course . 23 a. If the class taken was related to the employee 's current posi- tion , and the employee is separated from the City service for any reason except involuntary dismissal within 1 year of the date of reimbursement , it shall cause 50% of the amount reimbursed within such year to be deducted from the employee ' s final paycheck . b. If the class taken was related to reasonable promotion or transfer opportunities, and the employee is separated from City service for any reason except involuntary dismissal within 1 year, it shall cause 100% of the amount reimbursed to be deducted from the employee ' s final paycheck. If the employee terminates for any reason except involuntary dismissal within 2 years, it shall cause 50% of the amount reimbursed to be deducted from the employee 's final paycheck. Educational courses which are only offered during regular working hours may be approved by the department head provided time off can be conveniently arranged and arrangements can be made to make E up time off the same week . Section 6. Clothing Allowance: t Oh July 1 , each employee listed in this section , shall receive f a credit of S70 for a clothing allowance. Upon presentation of ` a receipt , employees shall be reimbursed for clothing . Employee classifications qualifying for this clothing allowance are: Equipment Service Worker Building Inspector C Level Building Inspector v Level 24 V {f i Building Inspector A Level Engineering Tech . I Engineering Tech. II Engineering Tech . III Maintenance Worker Equipment Mechanic Utility Worker I Utility Worker II Utility Worker III Any• employee who is hired after July 1st of any year shall be eligible for a pro rated clothing reimbursement based upon that portion of the year that remains to be worked before the next July 1st. i ARTICLE 15 SICK LEAVE Section 1 . Accrual : Regular full-time employees shall receive 8 hours of sick leave for each full calendar month of service. Part-time employees shall receive pro-rated sick leave of a full-time employee . There shall be no limit on the amount of sick leave that an employee may accrue. Section 2. Utilization : Accrued sick leave shall be available for use on the regularly schedule work days that occur from the first through the 59th cal- endar day of the employees disability that is due to illness or 25 injury . In the event an employee is to be absent from work because of his/her sickness or injury , the employee shall notify the super- visor as soon as possible of the expected absence and the nature and expected length thereof . An employee may also use sick leave where there is an illness in his/her family which necessitates making arrangemt'nts for the ill relative. For the purpose of this Section, members of an em- ployee 's. family shall mean: relatives and dependents domiciled in the employee ' s household . Sick leave benefits shall not be available for any illness or injury that is or could be covered by Worker ' s Compensation benefits provided by the City or another employer , however , if the employee is injured while on the job with the City the following ' shall apply : 1 . If the duration of the absence from work is less than 14 days, the day of the injury and the subsequent 2 calendar days may be charged to sick leave. 2. For the first 90 days of such temporary disability , the City ihall continue to make the same contribution to all benefit programs specified in Article 12 , Benefits as would have been made if the employee had worked his/her regularly scheduled hours of work. Section 3. Physician ' s Certificate: Sick leave benefits shall not be paid for any absence that is for 40 consecutive work hours or more unless the employee pre- 26 a sents a physician's statement upon return to duty . For absences of less than 40 consecutive hours, the City may , by prior notification to the employee, require a physician ' scertifi- cation of illness. When verification is required for absences of less than 40 hours, the City will reimburse the employee for r: any out of pocket physician expenses that result . The abuse of sick leave shall be grounds for denial of sick leave for the period of time involved and shall in addition be } grounds for disciplinary .action. Section 4 . Termination and Retirement : } Effective until July 1 , 1986 . an employee may upon separation from the City , cash out no more than 96 hours of accui,,uiated sick y., leave at the employee ' s regular straight time rate. Effective July 1 , 1986, an employee who retires from City i F: �t t service shall receive an additional retirement plan contribution 4 E that is equal to 50% of the cash value in wages of all accrued sick leave. An employee shall be considered to have retired from 1 City service only if he or she begins receiving social security retirement (not disability) benefits upon termination of City em- i ploymeht , or if he or she has 30 or more years of service with the City . , 4 ARTICLE 16 OTHER LEAVE R Section 1 . Bereavement Leave: } A In the event of a death in the employees family , up to 5 days 27 i i 1 of necessary time off for travel , making funeral and other arrange- ments and for funeral attendance shall be allowed . For the purpose of this Article, an employee ' s family shall mean: spouse, parent , children, step-children , brother, brother-in-law, sister, sister- -in-law, mother-in-law, father-in-law, grandparents, grandchildren and any other person who is a dependent of the employee. Section 2. Jury and Witness Duty: Employees shall be granted leave with pay for service on a jury or when under court subpoena as a disinterested witness, pro- vided the employee shall seek all fees due him for jury or witness duty , except mileage reimbursement , and turn said fees over to the City . Upon being excused from jury or witness duty for any day an employee shall immediately contact his/her supervisor for assignment for the remainder of that workday . Time off from work for appearances in court and other pro- ceedings other than as provided above, shall be charged to accrued vacation time, compensatory time or leave without pay . Section 3. Leave Without Pay : A regular employee who has completed his/her probationary period may be granted a leave of absence without pay for up to 12 months when the work of the employee ' s department will not be seriously handicapped by his/her absence and when there is good cause for the leave. Requests for such leave must be in writing and must establish reasonable justification for the approval by the City . Section 4. Military Leave: ;z 28 Leave of absence on a paid or non-paid basis shall be as pro- vided by ORS and the Veteran's Re-employment Rights Law, Title 38 , USC Chapter 43. ARTICLE 17 LAYOFF Section 1 . Notice: A layoff is defined as an involuntary separation from the City for reasons that do not reflect discredit upon the employee. The affected employee and the Union shall be given written notice of a layoff at least 15 working days before the effective date, stating the reason for the layoff , and the bumping options , if any , that the employee has. Section 2. Order of Layoff : If a layoff is implemented , employees shall be laid off in inverse order of their seniority within the classification affected by the layoff on a City-wide basis. Before any regular full-time or regular part-time employee in a given classification may be laid off , all seasonal , casual and irregular part-time employees who are working in the same classification shall be terminated . Seniority shall be defined as the employee ' s total time of service with the City excluding non-paid leaves of absence that are for 1 full calendar month or longer since his/her most recent date of hire. If 2 or more employees have equal seniority , the employee to be laid off shall be determined by lot . Section 3. Bumping: In the event of a layoff any employee who would otherwise 29 be subject to a layoff shall have the right to displace a less senior employee in any lower paying classification provided he or she is qualified to perform the work of the lower paying class- if ication . lass-ification . An employee shall be considered qualified to perform the work of such lower classification if he or she meets all of the job qualification requirements specified in the most recent job recruitment announcement for the classification in question . Any employee who ,exercises his/her bumping rights shall serve a probationary period of 3 months. During such probationary period the City- shall have the right to layoff the employee if the em- ployee is not performing the job in an adequate manner . If an employee wishes to waive his/her right to displace an employee in a lower classification and thereby be subject to layoff , that employee shall so notify the City in writing within 3 business days of his/her receipt of notice of involuntary transfer to the lower classification . When an employee is transferred to a lower classification as provided for above, he/she shall be placed at the maximum rate of the salary range of the new classification or if his/her current salary is less than the maximum rate of new classification , he/she shall be maintained at his/her current sal- ary . For purposes of this Article, supervisory employees who have prior service in the bargaining unit shall retain previously accrued seniority and shall also continue to accrue seniority while serving as a supervisor. Section G. Recall : If 'a position opening occurs in the classification that the l:'. 30 employee was employed in at the time of layoff , that employee , provided he/she has the greatest seniority of any employee on layoff from that class shall be offered the position . An employee will remain on the layoff list and be eligible for recall for 12 months . The City shall notify a laid off employee of a position opening by certified letter, return receipt request- ed , to his/her address of record as maintained in the employee ' s personnel file. It shall be the employee ' s responsibility to insure that his/her current address is on file at the time the recall occurs. •The employee shall have 3 days from the receipt , or return by the post office, of such notice to notify the City in writing of his/her intent to return within 10 days of the date of receipt of such notice. If the employee fails to so respond to a recall notice within the time herein specified , or if he/she refuses an offered position , all rights to recall shall be terminated . Employees returning from layoff shall have previously accrued sick leave and seniority reinstated , but shall not receive such benefits for the period of the layoff . Section 5. Severance Pay: In the event of layoff , any employee with more than 5 years of service with the City shall receive 1 month ' s severance pay upon layoff . If an employee who receives payment under this Section is recalled within the 12 month period , they shall be permitted to t E take up to b months ( 12 paychecks) to repay the City for money received under this Section. �_. 31 t — Q ARTICLE 18 DISCIPLINE AND DISCHARGE Section 1 . Just .Cause: Disciplinary actions taken against employees shall be limited to the following: written reprimand , disciplinary probation , re- duction in pay or other monetary assessment , demotion , suspension , or discharge. Disciplinary action shall be for just cause only and will not be taken against an employee without procedural due process as herein defined , except as follows: Demotion : A demotion during a promotional probationary period (Article 7) , that is in lieu of a layoff (Article 16) or that is a bona fide reclassification shall not be the basis for a claim of a violation of this Article. If the City has reason to. reprimand an employee , it shall t be in a manner that is least likely to embarrass the employee before other employees and the public . Section 2. Suspension Pending Investigation : An employee may be immediately suspended pending an investi- gation and completion of the due process steps if his/her continued presence on the job would constitute a safety hazard to him/herself or to other employees or be potentially disruptive to City opera- tions. Such suspension shall be without pay , however , if after the investigation the employee is reinstated without being disciplined , the employee shall receive all lost pay and benefits for the period of the suspension. 32 ■ Section 3. Due Process: Due process shall require the following : a. Before the City notifies the employee of disciplinary action pursuant to part B of this section , the employee will be served with a written notice and provided an opportunity to respond as follows: 1 . The employee shall be advised that disciplinary action is being considered . 2. The specific charges or performance deficiencies will be identified . 3. The employee will be advised of his/her right to meet with the supervisor with or without Union representation and respond to the charges . b. At or after the above referenced meeting/response and such additional investigation as may be deemed appropriate by the supervisor has been completed , the supervisor shall make his/- her decision and provide written notice thereof to the er,- ployee. ARTICLE 19 PERSONNEL RECORDS Section 1 . Each employee shall have the right to review the contents of his/her own personnel file. At his/her option, he/she may re- quest to be accompanied by a Union representative of his/her choos- ing. 33 E Section 2. tAccess to a staff member ' s personal file shall be limited to only the individual employee involved and/or his/her designated representative , such supervisor and administrators of the City who are -assigned to review or place materials therein , and such clerical personnel whose duty it is to maintain personnel files , provided such access does not conflict with the provisions of ORS 192.500. Section 3. No material , which in any form can be construed , interpreted or acknowledged to be derogatory towards the employee shall be placed in the employee ' s personnel record that does not bare either the signature of the employee indicating that he/she has been shown 4. the material or a statement by the employee that he/she has been �Y shown the material and has refused to sign it. A copy of such material shall. be furnished to the employee. An employee may include an explanatory statement in his/her file to answer to any reprimand or admonishment . { Section 4. All letters and materials of commendation and letters of cau- tion, consultation, warning , admonishment and reprimand shall be considered temporary contents of the personnel record and shall g be removed and destroyed no later than 3 years after they have been placed in the employee ' s personnel file. Section 5. Material placed in the personnel record of an employee without 34 1 E- conforming with the provision(s) of this Article will not be used by the City in any disciplinary proceedings involving the employee. The confidential _portion of an employee ' s file shall not be trans- mitted without the explicit consent and request of the employee other than to those authorized within the City or by order of a competent court. Section 6. Any employee , upon his/her request , shall have access to his/- her personnel file. Any employee may upon request have the right of reproduction of his/her personnel file in full or part . ARTICLE 20 CONTRACTING AND SUBCONTRACTING OF WORK Notwithstanding the provision's of ORS 243 .650 to 243 . 782 , the Union recognises that the City shall have the right to make and to implement decisions relative to the contracting and sub- contracting of work as it may determine: however , before the City may contract work presently and regularly performed by members of the bargaining unit and provided such contracting will result in the layoff or demotion of current members of the bargaining unit, the following shall occur: 1 . The Union shall be notified in writing at least 70 days in advance of the proposed implementation of such subcontracting. Such notification shall include a detailed analysis of the likely impact on the bargaining unit, and shall also outline the projected financial impact and other considerations that `...: 35 >: �rI-i�;�tsr the City has deemed are pertinent to its deliberations to contract or subcontract work . 2. Upon receipt of such notice, the Union shall have 20 days in which to notify the City of its desire to meet and discuss the subcontracting . The Union may propose changes in existing work rules, benefits, and/or wage rates in order to compete more effectively with the contractors or subcontractors and/or ' the Union may propose alternative staffing arrangements that it believes would reduce the impact of the contracting or subcontracting . The City shall not finalize a decision to contract or sub- contract such work until after it has afforded the Union the oppor- tunity to meet as provided above. The City shall give full con- sideration to all timely Union proposals before a decision is final- ized . If such work is to be contracted or subcontracted , the City agrees to trensfer or demote employees to any available vacant positions rather than lay off employees whenever it is feasible to do so; provided the employee meets the minimum qualifications with respect to education and work experience for the position to which he/she is to be transferred or demoted to, and provided that no employee rights or benefits under the layoff article of this Agreement are abridged . A demotion shall be defined as in- voluntary reassignment to a new classification with a lower paying maximum salary rate. 36 ARTICLE 21 GRIEVANCE PROCEDURE Section 1 . Procedure: To promote better relations. the parties agree to settle any disputes as to the meaning or interpretation of this contract by the following procedure: STEP 1 . After first attempting to resolve the grievance informal- ly , the Union, or any employee with notice to the Union , may claim a breach of this Agreement in writing to the employee ' s immediate supervisor within 14 days from the occurrence thereof , or the em- ployee 's• knowledge thereof . The notice shall include: a. A statement of the grievance and relevant facts; b. Provision of the contract violated; C. Remedy sought ; The supervisor shall respond to the grievance in writing within 7 days, with a copy to the Union . STEP 2. If , after 7 days from the date of submission of the griev- ance to the supervisor , the grievance remains unresolved , the griev- ance may be submitted within 7 days to the department head . The department head may meet with the aggrieved party , who may request Union -representation at the hearing . The department head shall respond to the grievance in writing within 7 days, with a copy to the Union. STEP 3. If , after 7 days from the date of submission of the griev- ance to- the department head , the grievance remains unresolved , the grievance may be submitted within 7 days to the City Admini- strator, who shall meet with the aggrieved party and Union repre- 37 sentatives and shall r pond to the grievance in writing within 14 days, with a copy to , - Union . STEP 4 . If the grievance is not resolved within 14 days from submission of the grievance to the City Administrator, it may be submitted within 14 days to an arbitrator . The arbitrator shall be selected by mutual agreement of the parties. If the parties cannot agree on an arbitrator within 25 days of the submission of the grievance to the City Administrator , he/she shall be chosen in the following manner : a . A list of 5 names from the Oregon Employment Relations Board shall be requested and the parties shall alternately strike 1 name from the list until only 1 is left . The Union shall strike the first name. The 1 remaining shall be the arbi- trator. 1 day will be allowed for the striking of each name . b . The arbitrator shall render a decision in writing within 30 days time . The powers of the arbitrator shall be limited to interpretation of this Agreement and determining if it has been violated . The decision of the arbitrator shall be binding on both parties . C . The cost of the arbitration shall be borne equally by the parties. Each party shall be responsible for the costs of presenting its own case to the arbitrator . Section 2. Time Limits: Any time limits , specified in the grievance procedure , may be waived by mutual written agreement of the parties . Failure to submit the grievance in accordance with these time limits with- 38 out such waiver shall constitute abandonment of the grievance . A grievance may be terminated at any time upon receipt of a signed statement from the Union or the employee that the matter has been resolved . If at any step of the grievance procedure the City fails to issue a response within the time limits set forth in this Article, the grievance shall automatically advance to the next step of the grievance procedure unless withdrawn by the grievant or the Union . ARTICLE 22 TERM OF AGREEMENT AND REOPENING z This Agreement shall be effective the day of and shall remain in full force. and effect through the 30th day of .lune, 1987 . This Agreement shall automatically be renewed from year to year thereafter unless either party shall notify the other in writing not later than October 1 , 1986 that it wishes to modify this Agreement for any reason , other than per Section 2 of this Article. 39 ` OREGON PUBLIC EMPLOYEES UNION CITY OF TIGARD Signature g Lure Fxerurive Director Mayor Title Titla.y � „ 1QR5 11/14/85 jjtiy,gmo r`_r - Dat e Date TIGARD MUNICIPAL EMPLOYEES Signature Signature Title t syr Title Date 40 r APPENDIX A SALARY RANGES Section 1 . Retroactive to July 1 , 1985: Position titles: FY 1985-86 Pay Ranke: Library Aide $663-$1017 Office Aide $663-$1017 $663-$1017 Helper Office Assistant I $898-$1199 Library Aide I $898-$1199 Library Assistant II $1030-$1377 Office Assistant II $1030-$1377 Accounting Clerk 1 $1030-$1377 -Maintenance Worker $1030-$1377 Library Assistant III $1112-51479 Office Assistant III $1112-S1479 Engineering Aide $1112-$1479 Accounting Clerk II $1112-$1479 Office Assistant IV $1193-$1591 Senior Accounting Clerk III $1193-$1591 Utility Worker 1 Engineering Asst , /Draftsman $1193-$1591 Utility Worker II $1285-$1714 Equipment Servicer $1285-$1714 Engineering Technician I $1285-$1714 Utility Worker 111 $1377-$1836 Equipment Mechanic $1377-$1836 Inspector I ("C" ) $1377-$1836 Engineering Technician II $1581-$1979 Inspector II ("8") $1698-$2122 Inspector III ("A" ) $1836-$2300 Engineering Technician III $1836-$2300 _,ei 4I c (. Section 2. Effective July 1 , 1986: Position titles: FY 1986-87 Pay Range: Library Aide $683-$1048 Office Aide $683-$1048 Helper $683-$1048 Office Assistant I $925-$1235 Library Aide I $925-$1235 Library Assistant II $1061-$1418 Office Assistant II $1061-$1418 Accounting Clerk I $1061--$1418 Maintenance Worker $1061-$1418 • Library Assistant III $1145-$1523 Office Assistant III $1145-$1523 Engineering Aide $1145-$1523 Accounting Clerk II $1145-$1523 Office Assistant IV $1229-$1639 Senior Accounting Clerk III $1229-$1639 Utility Worker I $1229-$1639 Engineering Asst ./Draftsman $1229-$1639 Utility Worker II $1324-$1765 Equipment Servicer $1324-$1765 Engineering Technician I $1 .324-$1765 Utility Worker III $1418-$1891 Equipment Mechanic $1418-$1891 Inspector I ( "C") $1418-$ 1891 Engineering Technician II $1628-$2038 Inspector II ( "B") $1749-$2186 Inspector III ("A") $1891-$2369 Engineering Technician III $1891-$2369 ,j 42 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: AGENDA ITEM : DATE SUBMITTED: October 1, 1985 PREVIOUS ACTION: Tentative agreement ISSUE/AGENDA TITLE: Resolution with TMEA/OPEU Establishing A Money Purchase Retire— PREPARED BY: J. Widner ment Plan for TMEA/OPEU Employees REQUESTED BY: B. Jean DEPARTMENT HEAD OK: J. Widner CITY ADMINISTRATOR: POLICY ISSUE The policy issue was decided during the labor negotiations with TMEA/OPEU. T INFORMATION SUMMARY As part of the contract settlement with TMEA/OPEU, the City has offered to establish a 401(a) Money Purchase retirement plan for these employees. The attached resolution establishes this retirement plan at 10%. ALTERNATIVES CONSIDERED N/A SUGGESTED ACTION I recommend passage of the attached resolution based upon the signing of the TMEA/OPEU labor contract. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 18, 1985 AGENDA ITEM ##: ?, DATE SUBMITTED: November 18, 1985 PREVIOUS ACTION: N/A ISSUE/AGENDA TITLE: Position Authorization "A" Level Building PREPARED BY: Inspector/Codes Enforcement Officer REQUESTED BY: W. A. Monahan DEPARTMENT BEAD OK- 1l ��' �. ?% CITY ADMINISTRATOR - � POLICY ISSUE. N/A - INFORMATION SUMMARY The Building Section has 4 regular positions authorized. Building Official - sick leave; Inspector III/"A" - resigned for private sector position, now recruiting; Inspector I/"C" - vacant; Building Clerk/OA IT -- new hire. We currently cannot field any City inspections and are contracting where ever we - can to cover workload. With a small staff, we feel we need better individual inspectors. We propose the City change the "C" position to "A" level. This can be accomplished this year within current appropriations and is fully covered by fees. ALTERNATIVES CONSIDERED 1. No change, contract as needed. 2. Change "C" to "A" level position. SUGGESTED ACTION .v Per #2, motion to authorize a second regular full-time Inspector III/"A" Level position and eliminate the Inspector IPC" Level position. lw/3443A : a, F i i i r CITY OF TIGARD, OREGON MEMORANDL)M TO: City Council / City Administrator November 15, 1985 FROM: Chief of Poli SUBJNCT: Notice of Retirement RE: Retirement Date: July 16, 1986 Honorable Mayor and Council Members, and City Administrator Sirs: I wish at this time to give official notice of my intent to retire, effective July 16, 1986. I will be on retirement leave prior to the effective date of retirement, as per Resolution 85-91 "Retirement Leave Policy." My retirement leave will cxxnrence on or about January 20, 1986. I would also like to express my appreciation for the privledge of being allowed to serve the citizens of this c mwnity, and to represent the City of Tigard as its police chief over the past several years. The members of the police department have my heartfelt thanks for their professional attention to duty in serving the Tigard citizens, and they are all cannended for doing such an exemplary job over the years. The members of the department are well trained, educated and experienced, and should continue to provide outstanding police service as in the past. The decision to retire at this time was not a difficult one; it does, however, leave me with mixed emotions. The decision brings to a close a career of nearly twenty-nine (29) years of municipal police department service. Thanks again for allowing me to serve the citizens of the City of Tigard. Sincerely, R.13. Adams Chief of Police x s CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY Q AGENDA OF: November 18, 1985 AGENDA ITEM #: 1 DATE SUBMITTED: November 14, 1985 _ PREVIOUS ACTION: ISSUE/AGENDA TITLE: CIVIC CENTER PROJECT REPORT PREPARED BY: Staff REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE CIVIC CENTER COMMITTEE MONTHLY REPORT TO COUNCIL INFORMATION SUMMARY The attached information is for discussion and report by the Civic Center Committee. ALTERNATIVES CONSIDERED SUGGESTED ACTION Discussion. 1062p 3 CITYTIGrARD WASHINGTON COUNTY.OREGON November 4, 1985 Mr. Ray Berg McCartney/Johrd;on Inc. P.O. Box 185 Clackamas, OR 97015 RE: Approval of the Value Engineering Proposal and Approval of R-Wall Value Engineering Substitution. Dear Ray: The City of Tigard accepts the Value Engineering Proposal and is working with our attorney to include it in our agreement. The City also accepts, under the Value Engineering Plan, the change from Dryvit System, Inc., to R-Wall as outlined in your letter dated October 21, 1985. We understand it to be proposed as equal to the Dryvit System as described in the contract documents with the total cost savings of $1,000 which will be split equally between your company and the City. According to your letter the correct color can be supplied and the life cycle is equal to the Dryvit System. The City wishes to cooperate in proposals which are equal to or better than the specs and will save money on the construction costs. It will benefit the project as a whole and the citizens. Thank you for your cooperation. 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I. 105th Tualatin, OR 97062 SUBJECT: Project Review Meeting of 11/13/85 Dear Larry and Norm: Thank you for taking time to reviewe ti overall was°real reassured stowith knowJoy that Martin we and I at our November 13, 1985, ng roach towards shared the same concerns and have now clarified our mutual app their resolution. I have taken extra stepsto focusnner. the rely City's concyou eros work and to communicate these to you in an effective them through with the Contractor. It is my understanding that we agreed as follows: o Punehlist/Corrections List Follow-Up -- An "on line" punchlist will be developed by the City's Project inspector, who then will review it with Norge and keep it revised weekly. will be reviewed o Project Organization The attachednCommittee tconcerns ion tare t be directed among affected parties. Council to the City Administrator's Office. Owner's staff concerns are to be re to be directed to the Architect-. toode the concerns Coat actor/Architect staff awithcopies to communicated per City the City Administrator as owner. o Time Extension Requests -- Norm Dull will set up a meeting with Bob Jean and Ray Berg the week of November 18, 1985• Norm Dull will contact Tim Ramis as needed to clarify implications. o Soils Dispute Memo -- Copy of letter from Norm Dull to City Council at City Hall to be transmitted to Tim Ramis by Joy Martin. o Payment Cycle Letter f rom McCartney-Johnson 11/18/85 -- Norm Dull and Joy Martin to prepare written response. o Feedback N°rm about concerns andmore gutlevel" feelingsfeedback apart from Administrator's office Punchlist issues. o Meetings Schedule -- The attached meeting schedule was established. o Frequency of inspection -- Norm Dull is to send me a memo outlining points or decision check points he's Inspections by Architect and key waiting for. 12765 S.W.ASH P.O.BOX 23397 TIGARD,OREC30N 97223 PH:639-4171 B� f Smith/Dull Letter November 14, 1985 Page 2 o Special Inspector/Clerk of the Works -- This role was discussed and supported. o Timelines -- Concern about enforceability. Joy Martin and Norm Dull to review facts and contract. o Professional Subs Contacts -- Architectural and Engineering sub-contractors are to be contacted via Norm Dull. o Slope Stabilization -- Norm Dull to contact Bandy Clarno and Ed Walden right away, by 11/18/85 if possible. o Credits to the City -- Norm Dull and Joy Martin to review with Ray Berg. o Grout at Police -- Norm Dull to get stamped letter of approval to Building Official for OK. As always, thank you for your attention and concern in these matters. Sincerely, RdUert W. Jean City Administrator cc: Mayor and City Council C-4 Committee Civic Center Advisory Committee