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City Council Packet - 02/17/1986
TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate BUSINESS/STUDY AGENDA sign-up sheet(s). If no sheet is available, FEBRUARY 17, 1986, 7:00 P.M. ask to be recognized by the Chair at the start TIGARD CITY HALL of that agenda item. Visitor's agenda items are 12755 SW ASH AVENUE 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. PARK FEE AMENDMENT - Ordinance No. 86- & Resolution No. 86- 0 Community Development Staff 4. PUBLIC HEARING - CONDI'TIONAL USE CU 5-85, PLANNED DEVELOPMENT PO 4-85, & VARIANCE V 18-85 - NEAL CONSER/WILLAMINA LUMBER COMPANY - NPO #6 An appeal of the Planning Commission's approval to establish a 90,000 square foot mini-warehouse facility and to vary the required number of parking spaces from 93 to 4. Property is designated Commercial General and is zoned CG PD (Commercial General/Planned Development). Location: 15700 SW Pacific Highway (WCTM 2S1 10D, Tax Lot 1800). o Public Hearing Opened & Continued From 2/10/86 o Motion To Discontinue Consideration - Appeal Withdrawn By Appellant 5. FRANCHISE & UTILITY COMMITTEE - SOLID WASTE RATE CHANGE RECOMMENDATION o Franchise & Utility Committee Representative 6. SUMMERLAKE III EASEMENT VACATIONS - RESOLUTION NO. 86- 6 Deputy Recorder 7. CIVIC CENTER PROJECT REPORT o City Administrator and Civic Center Advisory Committee 8. 18 MONTH CIP LIST & CAPITAL IMPROVEMENT PROJECTS UPDATE o Community Development Staff 9. MURRAY ROAD EXTENSION DISCUSSION o City Administrator 10. TMC REVISIONS - EXECUTIVE STAFF 'AT WILL' - ORDINANCE NO. 86- 0 City Administrator li. COUNTY LAW ENFORCEMENT LEVY DISCUSSION o City Administrator 12. COUNCIL CALENDAR REVIEW o City Administrator `_' COUNCIL AGENDA FEBRUARY 17, 1986 PAGE 1 x 13. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. ' Motion to: 13.1 Approve Council Minutes - February 10, 1986 13.2 Approve Forwarding to OLCC Applications For Liquor Sales: Renewal Applications o American Legion Post ##158, 11578 SW Pacific Hwy., DBA App. o Howard's On Scholls, 12280 SW Scholls Ferry, PS Application o 7-Eleven Food Store, 12135 SW Scholls Ferry, PS Application o 7-Eleven Food Store, 12045 SW Hall Blvd. , PS Application o 7-Eleven Food Store, 13234 SW Pacific Hwy. , PS Application o 7-Eleven Food Store, 10650 SW McDonald, PS Application o 7-Eleven Food Store, 10765 SW Greenburg Rd. , PS Application o Buckets of Fun, 11945 SW Pacific Hwy. , Suite 240, PS App. o Tigard Beer & Wine, 12490 SW Main Street, PS Application o Stein & Burger, 11688 SW Pacific Hwy. , RMB Application 13.3 Receive and File: o Community Development Land Use Decisions 13.4 Ratify Economic Development Appointment Of 2/10/86 - Resolution No. 86-_�2L - Juanita Caday 13.5 Approve and Authorize Signature: WCCLS Automation Contract 14. NON-AGENDA ITEMS: From Council and Staff 15. 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. 16. ADJOURNMENT lw/3682A 4 ~ COUNCIL AGENDA - FEBRUARY 17, 1986 - PAGE 2 w ' J • 1 T I G A R D C I T Y C 0 U N C I L REGULAR MEETING MINUTES - FEBRUARY 17, 1986 - 7:00 P.M. 1. ROLL CALL: Present: Mayor John Cook; Councilors: Tom Brian, and Jerry Edwards; City Staff: Bob Jean, City Administrator, Tim Ramis, Legal Counsel; and Loreen Wilson, Deputy City Recorder. 2, CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS a. City Administrator requested the following items be added to Non-Agenda: .1 Beaverton/Tigard APAA Agreement .2 Administrator's Contract Modification - Vehicle Expense .3 Training Request - Recorder .4 Youth Town Hall .5 Announcements 3. VISITOR'S AGENDA: No one appeared to speak. 4. PARK FEE AMENDMENT a. City Administrator recommended approval for the requested park fee amendments. He noted the documents were drafted from Council action on 2/10/86. b. ORDINANCE NO. 86-10 AN ORDINANCE DELETING SECTION 9.04.030 FROM TITLE 9 OF THE TIGARD MUNICIPAL CODE. C. Motion by Councilor Brian, seconded by Councilor Edwards to approve. Approved by unanimous vote of Council present. d. RESOLUTION NO. 86-22 A RESOLUTION OF THE TIGARD CITY COUNCIL PRESCRIBING NEW PARK RESERVATION FEES AND SETTING AN EFFECTIVE DATE. e. Motion by Councilor Brian, seconded by Councilor Edwards to approve. Approved by unanimous vote of Council present. 5. PUBLIC 1§fl M_ - 00 XTIGM - USE CY 5-85, DEVELOPMENT 8O 4-85, & VARIANCE V 18-85 - NEAL CONSER/WILLAMINA LUMBER COMPANY - NPO #6 An appeal of the Planning Commission's approval to establish a 90,000 square foot mini-warehouse facility and to vary the required number of parking spaces from 93 to 4. Property is designated Commercial General and is zoned CG-PD (Commercial General/Planned Development). Location: 15700 SW Pacific Highway (WCTM 2S1 IOD, Tax Lot 1800). a. Public Hearing Continued From 2/10/86 b. Mayor Cook stated the appellant has withdrawn the appeal. Page 1-- COUNCIL MINUTES - FEBRUARY 17, 1986 C. Motion by Councilor Edwards, seconded by Councilor Brian to discontinue consideration of appeal. Approved by unanimous vote of Council present. 6. FRANCHISE 6 UTILITY COMMITTEE — SOLID WASTE RATE CHANGE RECOMMENDATION a. LaValle Allen, Committee Chairman, reported the Committee unanimously voted to recommend a 16.5% increase to the current residential and commercial rates for garbage service. b. Staff and Council discussed the options available for rate change consideration, the Committee's recommendation and study of the issue, and the lack of complaints received on the haulers. It was noted that the haulers began to supply rate increase information in September of 1985, however, the information was not complete until January 13, 1986. Staff recommended Council schedule a public hearing to consider the rate increase. C. Motion by Councilor Brian, seconded by Councilor Edwards to schedule a public hearing for 3/10/86 to consider rate increase. Approved by unanimous vote of Council present. d. Mayor Cook requested this item be scheduled early on the agenda and that the adopted rates be effective 4/1/86. 7. SUMMERLAKE III UTILITY EASEMENT VACATIONS a. Deputy Recorder synopsized the history of the request and recommended Council call for a public hearing on 3/24/86. She stated though Council is initiating the vacation request, that Art Lutz would pay for all costs associated with the vacation process. b. RESOLUTION NO. 86-23 A RESOLUTION CONCERNING VACATION OF 5 FOOT SIDE YARD EASEMENTS WITHIN AMART SUMMER LAKE PHASE III SUBDIVISION, A RECORDED SUBDIVISION PLAT WITHIN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. C. Motion by Councilor Brian, seconded by Councilor Edwards to approve upon the condition that Art Lutz pay all fees. Approved by unanimous vote of Council present. 8. CIVIC CEII ER P803M RUMT: Committee Members Present: Valerie Johnson, Chair, and Carolyn Eadon. a. Committee members and staff discussed issues concerning the landscaping plan for the Civic Center Project. Curt Spahn, P.W. employee, has assisted the committee in reviewing the landscaping plate and has recommended some charges to keep the vegetation more management with less maintenance. b. After lengthy discussion regarding the need for a fence behind the Library portion of the building above the park area, consensus .of Council was to have Legal Counsel study the liability issue and report back on 3/17/86. Page 2 COUNCIL MINUTES — FEBRUARY 17, 1986 c, Councilor Brian then moved to have $3,000 for Police windows returned to contingency and approved the expenditure of not more (� than $10,000 for landscaping the project. Motion was seconded by Councilor Edwards. Approved by unanimous vote of Council present. d. Consensus of Council was to have staff redraw the landscape plan. 9. 18 MDNTH CIP LIST AND CAPITAL IMPROVEMENT PROJECTSUPDA -� a. City Administrator highlighted the report from Engineering Services Manager. b, Motion by Councilor Edwards, seconded by Councilor Brian to approve program as recommended in memorandum dated 2/10/86. Approved by unanimous vote of Council present. 10. MURRAY ROAD EXTENSION DISCUSSION a. City Administrator reported the Beaverton and Tigard Council's had a joint meeting on 2/13/86 and reviewed various staff proposals for alignment of Murray Road to 135th Avenue. After lengthy consideration they agreed upon a southerly extension with a continuing connection with 135th Avenue. The staff is now ready to request jurisdiction of 135th from the County and will continue to work on the joint improvement plans for Scholls Ferry Road with _. Beaverton. 11. TMC REVISIONS — EXECUTIVE STAFF '!+T WILL' a. City Administrator stated the Charter names various ffica ers of His the City and Department Heads are set out by recommendation was that all City Officers and Department Heads, other than incumbents, serve "at will". b. Discussion followed regarding the removal rights of Council and the Administrator for City Officers and Department Heads. C. Legal Counsel stated the ordinance needs to be in place for the Chief of Police hiring and recommended an amendment to the proposed ordinance be presented on 2/24/86 which would further define those positions which would be currently effected. He also recommended a severability clause be added as Section 11 to the ordinance under consideration. d, ORDINANCE NO. 86-11 AN ORDINANCE OF THE T 2G RD C TY2.COUNCI AMENDING CHAPTER 2.06, AND SECTIONS 2.04.020, 010, 2.16.020, 2.30.030, 2.56.010, AND 2.60.010, AND ADDING A SECTION 2.58, RELATING TO OFFICERS AND DEPARTMENT HEADS, THEIR TERMINATION, AND THEIR RESIDENCY REQUIREMENTS, AND DECLARING AN EMERGENCY. —`COUNCIL MINUTES FEBRUARY 17, 1986 Page 3. e. Motion by Councilor Brian, seconded by Councilor Edwards to adopt with the addition of Section 11 to read as follows: "SECTION il. Severability. If any portion of this ordinance is found ineffective for any reason, all other portions shall continue in full force and effect." Approved by unanimous vote of Council present. 1L. COUNTY LAW ENFORCEMENT LEVY DISCUSSION a. City Administrator presented a proposed resolution which Council and staff discussed at some length. b. Councilor Brian requested staff verify the estimated tax rate with Washington County prior to the publication of the resolution. C. RESOLUTION NO. 86-24 A RESOLUTION OF THE TIGARD CITY COUNCIL REGARDING THE PROPOSED COUNTY LAW ENFORCEMENT LEVY. d. Motion by Councilor Brian, seconded by Councilor Edwards to approve with figures to be verified, and corrected if necessary, by staff. Approved by unanimous vote of Council present. 13, COUNCIL CALENDAR REVIEW a. City Administrator highlighted the updated Council Calendar. b. Mayor Cook confirmed that a quorum would be available for the meetings of 2/24, 3/3, and 3/10, 14, CONSENT AGENDA: 14.1 Approve Council Minutes — February 10, 1986 14.2 Approve Forwarding to OLCC Applications For Liquor Sales: Renewal Applications o American Legion Post 0158, 11578 SW Pacific Hwy. , DBA App. o Howard's On Scholls, 12280 SW Scholls Ferry, PS Application 0 7—Eleven Food Store, 12135 SW Scholls Ferry, PS Application 0 7—Eleven Food Store, 12045 SW Hall Blvd. , PS Application 0 7—Eleven Food Store, 13234 SW Pacific Hwy. , PS Application 0 7—Eleven Food Store, 10650 SW McDonald, PS Application 0 7—Eleven Food Stare, 10765 SW Greenburg Rd. , PS Application o Buckets of Fun, 11945 SW Pacific Hwy., Suite 240, PS App. o Tigard Beer & Wine, 12490 SW Main Street, PS Application o Stein & Burger, 11688 SW Pacific Hwy. , RMB Application 14.3 Receive and File: 0 Community Development Land Use Decisions 14.4 Ratify Economic Development Appointment Of 2/10/86 — Resolution No. 86-21 - Juanita Caday 14.5 Approve and Authorize Signature: WCCLS Automation Contract a. Motion by Councilor Edwards, seconded by Councilor Brian to 44 r approve Consent Agenda. TM� Approved by unanimous vote of Council present. Page 4 — COUNCIL MINUTES — FEBRUARY 17, 1986 15. NON-AGENDA ITEMS: From Council and Staff t 15.1 BEAVERTON-TIGARD APAA AGREEMENT a. City Administrator recommended Council ratify an amended APAA Agreement between Tigard and Beaverton based on the discussion and joint agreement from the 2/13/86 Council meeting. b. RESOLUTION NO. 86-25 A JOINT RESOLUTION BETWEEN THE CITY OF BEAVERTON AND THE CITY OF TIGARD REGARDING URBAN SERVICES, DECLARING AND SUPPORTING MUTUAL ANNEXATION PLANNING AREAS OF AGREEMENT (APAA). C. Motion by Councilor Brian, seconded by Councilor Edwards to approve. Approved by unanimous vote of Council present. 15.2 Administrator's Contract Modification - Vehicle Expense a. City Administrator requested a modification to his employment contract. He noted the City now provides a vehicle for his use, however, he would recommend the City pay $250/month for him to supply his own vehicle. This would make the Administrator's staff car available for use by other staff members. b. RESOLUTION NO. 86-26 A RESOLUTION OF THE TIGARD CITY COUNCIL REVISING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY AND CITY ADMINISTRATOR, ROBERT W. JEAN, REGARDING VEHICLE EXPENSES. C. Motion by Councilor Brian, seconded by Councilor Edwards to approve. Approved by unanimous vote of Council present. 15.3 Training Request - Recorder ; a. Deputy Recorder requested approval for a training request to allow attendance to a Municipal Clerk's conference to be held in Beaverton on April 3 & 4. Registration would be $150.00 with the per diem estimated at $10.00. She noted this would assist in obtaining her Recorder certification this year. b. Motion by Councilor Edwards, seconded by Councilor Brian to authorize training expenditure not to exceed $160. Approved by unanimous vote of Council present. 15.4 Youth Town Hall x. a. Mayor Cook noted the Chamber and School District are working with :5.. the City to schedule a .Youth Town Hall and have requested the Council participate. This is scheduled for March 14, 1985 from 1:00 to 3:30 PM. b. Consensus of Council was to attend Page 5 - COUNCIL MINUTES - FEBRUARY 17, 1986 15.5 Announcements a. City Administrator advised Council that Mr. Randall Wooky has been hired to fill the City Engineer position and will report to work the middle of March. b. City Administrator discussed the Lee Cunningham letter with Council and stated it looked like Community Development Director ' could work with Legal Counsel to address the need or advisability of an interim use ability being added to the Comp Plan. Council consensus was to have Legal Counsel and Community Development Director report back during March. RECESS OPEN MEETING: 9:44 PM 16. EXECUTIVE SESSION: The Tigard City Council went into Executive Session under the provisions of ORS 192.660 (1) (d) 6 (h) to discuss labor relations and current/pending litigation issues. RECESS EXECUTIVE SESSION: 10:23 PM 17, CHAMBER/OLD CITY HALL LEASE AGREEMENT a. Motion by Councilor Edwards, seconded by Councilor Brian to approve the Chamber of Commerce draft lease for the Old City Hall Building on Main Street. t Approved by unanimous vote of Council present. RECESS OPEN MEETING: 10:24 PM RECONVENE EXECUTIVE SESSION: 10:24 PM 18. ADJOURNMENT: 11:20 PM fV j R eputy City Recorder — City of Tigard ATTEST: City of Tigard LW/3732A Page 5 — COUNCIL MINUTES FEBRUARY 17 1986 TIMES PUBLISHING COMPANY Legal 7-6615 P.O.BOX 370 PHONE(503)884-0380 Notice BEAVERTON,OREGON 97075 ► A Notice Advertising f City of Tigard • ❑ Tearsheet Notice F %6P41fF® P.O. Box 23397 e Tigard, OR 97223 • 13 Duplicate Affidavit 1986 ® OF F/ ,p AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss' 1, Stephanie Neubauer being first duly sworn, depose and say that I am the Advbrtising Director, or his principal clerk,of the m i=—g ar d 'Pi m e s a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at_ Tigard in the aforesaid county and state; that the C`ii-v rounc+il Rpgular Meeting a printed copy of which is hereto annexed,was published In the entire issue of said newspaper for l successive and consecutive in the following issues: Feb r Subscribed an sw o be ore m_a thi f tary Public for Oregon My Commisslon Expires: 9/20/88 i AFFIDAVIT a CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the XWCXkX Council Ado ted Ordinances STATE OF OREGON ) County of Washington) ss City of Tigard ) I, Loreen R. Wilson and say: being first duly sworn, on oath depose That I posted in the following 1 public and conspicuous places, a copy of Ordinance Number(s) 86-10 and 8 which were adopted at the Council Meeting dated February 17 1986 copy(s) of said ordinance 3) being hereto attached and by r Part hereof, on the 21st day of `February 1985, eference made a 1. Tigard City Hall, 12755 SW Ash Avenue, Tigard, Oregon. 2. Tigard Police Department, 9020 SW Burnham, Tigard, Oregon. 3. Tigard City Library, 12568 SW Main Street, Tigard, Oregon. ax�o j Subscribed and sworn to before me this " day of 19 ad. r L � �1}-i►w .s i ✓ . ' Notary Public for Oregon My Commission Expires: r oov •0 a..0 s.t i I CITY OF TIGARD, OREGON ORDINANCE NO. AN ORDINANCE DELETING SECTION 9.04,030 FROM TITI_F 9 OF THE TIGARD MUNICIPAL CODE. WHEREAS, Chapter 9.04.030 of the Tigard Municipal Code requires that the City of Tigard City Administrator or his designee collect fees for reservations of facilities in community and urban parks; and WHEREAS, Section 3 .32 of the Tigard Municipal Code grants the City Council the authority to set rates For fees and charges by resolution; and WHEREAS, the Tigard City Council on February 10, 1986 voted to revise park reservation fees. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Delete the following from Title 9 of the Tigard Municipal Code. 9 04 030 Establishment of fees and creditin4 of funds. The following fees shall be collected by the city administrator or his delegate and placed in the appropriate account; (1) A ten—dollar application fee shall be required for all park reservation requests, and shall be placed in an account to be expended For administrative activities. (2) A fee shall be collected for reservation of facilities in community and urban parks, as defined in the adopted park standards and placed in a fund to be expended for park maintenance, according to the following schedule: (A) For reservation of picnic area (See Section 9.04.050 for definition of group classifications) : 3 Group I Group II Group III Group of up to 50 people No charge $ 25 j 25 Group of 52 to 100 35 35 Group of 101 to 150 50 50 Group of 151 to 250 " 75 75 Group of 251 100 100 (B) For reservation of special areas or services: Ball field $10 Special opening/closing 10 (each hour before/after regular park rates) For extended use of facilities (i.e. , several consecutive days or weeks) the above fees will be charges as a weekly rate. ORDINAiICE Fd0, 86—_W Page 1 (C) - Additional costs incurred by the city because of abuse or excessive- cleanup repair (as determined by public works department, deposit for cleaning and barbecue grates) shall be charged to the reserving ' ` group creating the added costs. All such excessive r_leanup/repair shall be documented by public works and filed at city hall. (D) Fees for special equipment and/or personnel unknown at the time t of application will be billed to the person in charge after the activity when computation is accomplished. (An advance deposit may be required.) i. (E) Use of agency facilities for fundraising will be handled on an individual basis. Groups or individuals desiring to conduct fundraising i activities should -apply for a special use permit on the application form, and will be required to present their fee structure for review. SECTION 2: That this ordinance chall be effective on and -after the 31st day passage by the Council, and approval by the Mayor. PASSED: By 1.1DC--r-waacLt- vote of all Council members present after being read by number and title only, this 27 day r of fir_ �s�.«— — 1986. . S, 1 Loreen R. Wilson, Deputy Recorder r' APPROVED: This day of1986. 3'ohnE. Cook, Mayor (EAN:pm47) i = ,_M� - 7 T ORDINANCE tUO. 86— ` Page 1 '4z 4+'$�.`AS:l�cxk ' w�a3"Y-'Yttr'.t•Ar e 3:._.,� ' CITY OF TIGARD, OREGON ORDINANCE NO. 86--_ II___ AN ORDINANCE-. OF THE TIGARD CI1Y COUNCIL AMENDING CHAPTER 2.06, AND SECTIONS 2.04.020, 2.04.040, 2.06.010, 2.16.020, 2.30.030, 2.56.010, AND 2.60.010, AND ADDING A SECTION 2.58, RELATING TO OFFICERS ANO DEPARTMENT HEADS, THEIR TERMINATION AND THEIR RESIDENCY REQUIREMENT5 AND DECLARING AN EMERGENCY. WHEREAS, Section 10 of the City Charter establishes the officers of the City as the Municipal Judge, Recorder, Finance Officer, and such other officers as the Council deems necessary, and establishes that the Officers may be removed by the Mayor with the consent of the Council; and WHEREAS, the Council has by ordinance established the office of City Administrator, and has authorized the City Administrator to appoint and remove Department Heads after consultation with the Mayor and Council; and WHEREAS, the Council desires to clarify and establish that City Officers and Department Heads appointed subsequent to the effective date of this ordinance shall be subject to termination at will without cause, and WHEREAS, for this ordinance to apply to certain positions that are now vacant, the ordinance must be effective prior to the filling of those vacancies, and the orderly administration of City business requires that those positions be filled as soon as possible, such that an emergency exists: THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Section 2.04.020 is hereby amended to read as follows, with deleted language indicated by brackets and new language underlined: "2.04.020 Appointment and removal. The office of city administrator shall be filled by appointment by the mayor with the consent of the city council. The administrator shall be the chief administrative officer of the city, and as such shall be chosen solely on the basis of administrative qualifications and experience, without regard to political considerations. Appointment and removal of the city administrator by the mayor shall require the prior consent of a majority of the full council recorded at a public meeting. The city administrator shall serve at the pleasure of the manor and the _cid council and cause shall not be required for termination." SECTION 2: Section 2.04.040(1) is hereby amended to read as follows, with deleted language indicated by brackets and new language underlined: "2.04.040 Duties. The city administrator shall: (1) Exercise control and supervision of all activities, departments and offices of city government, except the office of municipal judge and the office of city attorney, and shall interview, select and recommend to the mayor and council all applicants proposed for appointment to city offices, and make recommendations to the mayor and council concerning the replacement of any city appointive officer, other than the mayor and councilmen, and shall have authority to appoint to and remove from established positions, subordinate employees of the city; provided, however, that department heads shall be appointed and removed after consultation with:. tFre'mayor and council; and cause shall not be required for termination of department-heads;" ORDINANCE`NO. .86— Page' 1 SECTION 3. The title of Chapter 2.06 is hereby amended to read as follows, with deleted language indicated by brackets and new language underlined: "Chapter 2.06 [DEPARTMENT HEADS] RESIDENCY REQUIREMENTS SECTION 4. Section 2.06.010 is hereby amended to read as follows, with deleted language indicated by brackets and new language underlined: "2.06.010 Residency required---Affected positions. All persons employed full-time by the city of Tigard in the positions named in this chapter are required to establish permanent residency within the boundaries of Clackamas, Multnomah, and Washington Counties of the state within one hundred twenty days following the end of the probationary period. The affected positions are the following: city administrator, chief of police, [planning director, public works director,] community development director,_ head librarian [and], finance [director.] officer, and city recorder." SECTION 5: Section 2.16.020 is hereby amended to read as follows, with d0 eted language indicated by brackets and new language underlined: "2.16.020 Municipal judge. The office of municipal judge of the city of Tigard, as provided by Section 10 of Chapter III of the Charter, shall be held by one incumbent who shall be appointed solely on the basis of qualifications and experience without regard to political considerations. Appointment and removal of the municipal judge by the mayor shall require the prior consent of a majority of the full council recorded at a publi, meeting. Cause shall not be required for removal of the municipal Judge. "The compensation of the municipal judge shall be fixed by resolution of the city council." SECTION 6: Section 2.30.030 is hereby amended to read as follows, with deleted language indicated by brackets and new language underlined: "2.30.030 Chief of police--Appointment and removal. The chief of police shall be appointed by the city administrator [from a list of eligible candidates supplied by the personnel officer]. The chief of police shall serve at the pleasure of the city administrator and may be removed by the city administrator at any time [for] without cause." SECTION 7: Section 2.56.010 •is hereby amended to read as follows, with deleted language indicated by brackets and new language underlined: "2.56.010 Appointment and removal. The office of recorder of the city of Tigard, as provided by Section 10 of Chapter III of the Charter, shall be filled by appointment by the mayor with the consent of the council and shall be upon the advise of the city administrator. The recorder shall be appointed solely on the basis of qualifications and experience and without regard to political considerations. Appointment and removal of the recorder by the mayor shall be upon the advise of the city administrator and require the prior consent of the majority of the full council recorded at a public meeting.- Cause shall not be required for removal of the city recorder." ORDINANCE NO. 86- � Page 2 i� SECTION 8. There is hereby added to the Municipal Code of Tigard, Chapter 2.58 which is to read as follows: "Chapter 2.58 FINANCE OFFICER Sections: 2.58.010 Appointment and removal. 2.58.010 Ap22intment and removal. The office of finance officer of the city of Tigard as provided by Section 10 of Chapter III of the Charter, shall be filled by appointment by the mayor with the consent of the Council upon the advise of the City Administrator. The finance officer shall be appointed solely on the basis of qualificiations and experience and without regard to political considerations Appointment and removal of the finance officer by the mayor shall be upon the advise of the cites administrator and require the prior consent of the majority of the _full council recorded at a public _meeting._ Cause shall not be required for removal of the finance officer." SECTION 9: Section 2.60.010 is hereby amended to read as follows, with deleted language indicated by brackets and new language underlined: "2.60.010 Appointment and removal. The city attorney shall be appointed by the mayor with the consent of the council. The attorney shall be appointed solely on the basis of qualifications and experience and without regard to political considerations. Appointment and removal of the attorney by the mayor shall require the prior consent of a majority of the full council recorded at a public meeting. Cause shall not be required for removal of the city attorney._" SECTION 10. Effective Date. As this ordinance is to apply to certain positions that are now vacant, the ordinance must be effective prior to the filling of those vacancies, and as the orderly administration of City business requires that those positions be filled as soon as possible, an emergency is hereby declared to exist and this ordinance shall become effective upon its passage by the Council and appproval by the Mayor. SECTION 11. Severability. If any portion of this ordinance is found ineffective for any reason, all other portions shall continue in full force and effect. PASSED: By U kla-nim_aL�t5 vote of all Council members present after being read by number and title only, this day Of C-10r 1986. i oreen R. Wilson, Deputy Recorder APPROVED: This - — day of 1986. �/Yohn E. Cook, Mayor .1w/3691A ORDINANCE NO. 86– * Page°3 AGENDA ITEM 0 �_ — VISITOR'S AGENDA (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 & ADDRESS TOPIC STAFF CONTACTED ,r.. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 17, 1986 AGENDA ITEM ##: DATE SUBMITTED: February 13, 1986 PREVIOUS ACTION: Council Discussion ISSUE/AGENDA TITLE: Revision on February 10, 1986 of .jark Reservation Fees PREPARED BY: Elizabeth A. Newton REQUESTED BY: City Council DEPARTMENT HEAD OK: 7 CITY ADMINISTRATOR: POLICY ISSUE Should the Council modify the fees for reservations for use of facilities at the City's large urban parks? INFORMATION SUMMARY At the February 10, 1986 City Council meeting, Council directed staff to prepare the appropriate adopting instrument to revise fees for reservations to use the facilities at Cook Park. Chapter 9.04 of the Tigard Municipal Code currently sets park reservations fees. Section 3.32 of the Municipal Code however allows Council to set fees by resolution. Attached is an ordinance to delete Section 9.04.030 of the Municipal Code and a resolution to adopt new fees for reservations of facilities at urban parks. ALTERNATIVES CONSIDERED 1. Adopt the attached ordinance and resolution 2. Adopt the attached ordinance, and modify the attached resolution. SUGGESTED ACTION Adopt the attached ordinance and resolution. f (EAN:pm47) CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 17, 1986 AGENDA ITEM #: DATE SUBMITTED: February 13, 1986 PREVIOUS ACTION: Approval of ISSUE/AGENDA TITLE: Conditional Conditional Use By Planning Commission Use CY 5-85, Planned Development PREPARED BY: Keith Liden PD 4-85 Variance V 18-85 REQUESTED BY: DEPARTMENT HEAD OK; CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY The Planning Commission approval of the abova case was appealed by the abutting property owner to the south. A letter has been received (attached) from this party withdrawing the appeal. ALTERNATIVES CONSIDERED SUGGESTED ACTION Motion to discontinue consideration and allow Planning Commission decision to stand. lw/3585A c E BALL, .JANIK 1�10VACK ATTORNEYS AT LAW ONE MAIN PLACE _. 101 S.W. MAIN STREET,SUITE 1100 97204-3274 - PORTLAND,OREGON t J ROBERT S.BALL TELEPHONE 15031228-2525 STEPHEN T.JANIK TELECOPY 1503)295-1058 l? KENNETH M.NOVACK TELEX 910-380-5470 �;�NN N�' ���'�• JACK L.ORCHARD N;1 JACOB TANEER SUSAN M.OUICK 1986 WILLIAM H. PERKINS 11 CHRISTOPHER W. ANGIUS February VICKI G.BAYLESS BAPBARA W.RADLER MICHAEL C.WALCH _ DAVID A.URMAN SUSAN NELSON HOWARD City Council City of Tigard 12755 S.W. Ash Tigard, Oregon 97223 Attn: Ms. Diane Jelderks Council Clerk I of In re: Application of Neal Re: APP ea Conser Case Nos. PD4-85; CU5-85; and V18-85 Dear Members of the City Council: r This letter is intended to serve as the appellant' s enced request for withdrawal of lant' s �- the appeal in the above-refer matter. The parties have been able tonreach a settlement f their dispute concerning the landscaping protect their property propertiies which they feel will best p of Tigard values and thus support the policies of the City Comprehensive Plan. By this letter the appellant requests the refund of any funds which remain in our appeal account. Thank you for your consideration in this matter. Very truly yours, /Susan M, YQUick SMQ/j rw cc: Mr. Paul Challancin Mr. Neal Conser Mr. Lans Stout CITY OF TIGARL' OREGON . COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 17 1986 AGENDA ITEM #: DATE SUBMITTED: February 13 1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Solid Waste Rate Reco�nendation PREPARED BY: Keith Lidera REQUESTED BY: Utili Franchise Com. CITY ADMINISTRATOR: DEPARTMENT HEAD OK: POLICY ISSUE INFORMATION SUMMARY ed Consistent with the duties of the Utility and Franc ise chiseeCommittewasreviewc'dposAt rate increase by the City's three waste hauling roved a recommended fee its January 13, 1986 meeting, the Committee apP areincrease Of 16.5X. The following items the wastes edhaulers, the present fee January 13th, information submitted by schedule, and the City of Tigard Solid Waste Management Ordinance, ALTERNATIVES CONSIDERED 1. Approve the 16.5% increase (public hearing not required). 2. Return to Committee for further consideration. 3. Schedule a public hearing before Council to consider the issue. SUGGESTED ACTION Schedule a public hearing. lw/3585A i Ic -�. �.�y -- r• MINUTES UTILITY AND FRANCHISE ADVISORY COMMITTEE The meeting was called to order at 7 P.M. on January 13, 1986. Members present: LaValle Allen Barbara Osborne Marcia Gaiser Don Jacobs Gerry McReynolds Keith Liden (staff) Mike Misovetz Ex Officio Members present: Tom Miller Larry Schmidt Carl Miller Robert Edwards 1. Rate Review Chairman Allen asked the other committee members if they felt that they had sufficient information to make a recommendation. Tom Miller (Miller's), Robert Edwards (Frank's) and Larry Schmidt (Schmidt's) submitted supplemental information to justify the proposed rate increases. The waste haulers proposed increases ranging between 14% and 20% based upon rising costs for labor, insurance, disposal fees, utility rates for telephone and electricity, operating expenses, and postage. All three companies submitted cost and revenue data for the past several years. Following some discussion among the committee members, Gerry McReynolds moved that the committee recommend an increase of 18% to $8.20 per can to City Council. The motion died for lack of a second. Between 8:20 and 8:40 P.M. , the committee members discussed the merits of the proposals without the presence of the ex officio members. It was the consensus of the members that based upon the figures presented and their own business experience with rising costs, a fee increase was justified. At 8:40 P.M. the ex officio members rejoined the committee. Mike Misovetz suggested a 15% increase would be appropriate with the understanding that a rate review would be conducted next year. Robert Edwards (Frank's) said that such an increase would not be sufficient. This comment was followed by additional discussion by the group. Gerry McReynolds moved that the committee recommend a 16.5% increase to City Council. Don Jacobs seconded the motion and it was approved unanimously. Mike Misovetz suggested that all of the information submitted be kept on file. LaVa12e Allen suggested that the committee should address how future rate reviews should be conducted. 2. Next meeting The committee agreed that the following topics should be covered during the next meeting. a. Agree upon a format for future rate adjustments. b. Review information regarding the recycling program. The next meeting was scheduled for Thursday, February 13, 1986 at 7 P.M. at City Hall. Meeting adjourned 9:15 P.M. KSL:bs118 x a { MAN CITY OF TIGARD FRANK'S DISPOSAL SERVICE, INC. Statement Regarding Proposed Rate Adjustmants January 6, 1986 Frank's Disposal Service, Inc. has faced increased operating costs during the past thirty--six months while the existing collection rates have been in effect. The Company has worked to reduce expenditures whemeavPossible of providingffectiwastendisposalservice ' to our customers. but the Jor costs service are outside our control . Disposal fees paid by our company -have doubled since the beginning of uaary The latest 1986, whenithe disposal 0.5 percent ifee went ncrease became to $17.38 per affective Jan y ton. Labor costs have increased steadily, with union hourly wags percent and health insurance increasing by restos increasing by 8 taxes contl5upercentincrease annuala maximum over 37 percent. Payroll social security rates increasing by contributions increasing by over 25 percent. Insurance rates applicable to the disposal industruding haveparts, cl doubled since 1982. Other truck operating oegreater than the maintenance and fuel have increased at or somewhwh at cost of living index. Telephone costs have increased over 34 percent and electricity d by 75 percent in the past three years . In costs have increase addition, postage rates have increased by to percent. irl � hicCurbside recycling serviceswillhcreate*costsdinyexcesseofithe 05 must begin by July 1 , 1986, and wIt revenues to tedrthat thisted by hservicelable will costrresidentials presently estimated customers approximately 17 cents per month. We have worked hard toy_hold: the line on those expenses which can be controlled, so thaof`< doesKrat;io hofmagdn,416 do isposalfservicea�weiwill some of the major coats p only need to seek an overall 18' percent increase in rates in order to offset the opera tingcost increasesincurred canince per week. 1883. This would, for example, bring the 1993. .. $8.20 or $8.25 per month from the present $6.95 residential rate 1 z4_ rate. We' rag having to zeek an increase-of this nature. but we in are .cohfident ;that you ulderive^carefulthenvironment ccnsiderationwtocour® are wer,.kirtg. and that you will g request. Very truly yours. 7 t� E u; ruFra�h , ¢2♦ Y�.SY ' fi� e&q t ' P�esw dent: CITY OF TIGARD FRANK'S DISPOSAL SERVICE, INC. Data Regarding Need for Rate Adjustment i� January 13, 1986 EXISTING RATES effective since Jan. 3, 1983 : RESIDENTIAL One Can Rate $ 6 .95 /month Cost increases experienced during past 36 months : ------------------------------------------------- At 1-1-83 At 1-1-86 IncreaL-l- DISPOSAL FEES ------------- Typicalcost /month $16, 165 .74 $32,387.69 100.35% LABOR COSTS --Wage /hour $11 . 26 /hr $12. 11 /hr 7.55% Health insurance $156.57 /mo. $214 .72 /mo. 37 . 14% FICA tax rate 6.70% 7 . 15% 6.72% maximum FICA tax $2,391 .90 $3,003 .00 25.55 OTHER OPERATING COSTS ---------------------- Fue1 , diesel $1 .019 /gal $1 . 035 /gal 1 .57% Insurance per KBI analysis $2,659 /truck $5,867 /truck 120.65 Electricity ctricity $ 90.77 /mo. $158.66 /mo. 74 .79% r Postage, first class .20 .22 10.00% Y xt Telephone $533.32 /mo. $716.03 /mo. 34 .26% _ FraOk's OR Disposal Service, Inc. P.O. Box 23293 Tigard, t i Phone 644-6161 t^ Specialized Container Service Contract--Monthly 5150 S.W. Alger Street Beaverton, OR 97005 January 2, 1986 CITY OF TIGARD UTILITY AND FRANCHISE ADVISORY COMMITTEE E OPERATING EXPENSE TO REVENUE RATIO TRENDS BASE PERIOD INTERMEDIATE PERIOD CURRENT PERIOD Year End 1983 Year End 1984 Jan—Sep 1985 REVENUES 100.00% 100.0016 100.00% PAYROLL 56.417. 56.67% 56.80% TRUCK OPERATING EXP 11.51% 8.49% 12.09% OFFICE EXPENSE 2.73% 3.05% 3.55% DISPOSAL 15.62% 15.487. 18.00% OTHER OPERATING EXP 12.197. 13.56% 16.861: 98.46% 97.25% 107.30% PROFIT MARGIN 1.547. 2.75% ( 7.30%) loss 1986 Projections include: Net Increase 1. 4.3% Increase in payroll due to labor contract effective 2.44% i 1/1/86 plus another 4.5% in 1987. 2. Average increase in disposal rate effective 1/1/86 of 7.87% 1..42% resulting in overall net increase of 1.42% �` ee Page 2 City of Tigard Utility and Franchise Advisory Committee January 2, 1986 Net Increase 3. Insurance increases - some shown in 1985 resulting in .75% a 2.257. net increase. Expected net 1986 .75%. 4. Other expenses expected to show increases in 1986 include truck operating expenses (parts & repair, service items, PUC fees, tires), Route expenses (replacement and/or repair of equipment), Rebates (recycling and salvage customers), amounting collectively to approximately 1.15% net increase. 1.15% Total 5.76% RECONMENDATION: After totalling the net increases projected for 1986, in addition to the loss previously incurred as shown for 1985, we arrive at a break even figure of A.O`%. Adding an additional 4.947. for profit, we are requesting an overall rate adjustment of 18.00%. This adjustment would include the cost of recycling and the increases at the landfill. Total Net Increase 1986 5.76% Total Net Loss 1985 7.30% Increase required for 100% Revenue to 13.06% expense ratio. Increase required to provide 4.94% 13.06% operating profit4_94. 18.00% This would most likely result in a rate review request in September 1986, Pursuant to franchise ordinance. EFS{PC-N S .TAN-DAG 3Art-jet. 3A N-5E Pi' P�,`{(?-O _.. SMpeRVLSoRY 34022.75 3050-3-1 t 3e 2, PA YP-ne.L, Co Uzcri mi %,45t.5a 51, 592040 /1 PA YRo � -PPo C--T— 7,95G,q-7 $ 141 .3 1, 7,1.50.15 +. VA c A,-�) o %WL(A Del 4, os-7.SO t7�ola•� ,. EY mp1. Oyr (c. iGP-� 4,1111 . Z7 '7, T V 1 AA s:r 424•,`+Z 511P,38 v N F-M P t o, + g7. 57 21 S, S3 l o• W 00e)C AAIS (OMP zSoAt.s1� 12q 517-5 4D4.55 9' 5.,to 7 e Dl�Q�, j &/2,02 `fi. 90 q5 6,o23,46 5109/.sJ f lf-i, Un t®v? J)keS Es' �' 3fs'`t.zt-7 �..�..�, 6A.5i bi@SC� Kel ?, 851. Dl -7.2,!'7.7-5 .J. 4, -ra as 3,225.24-1 7,51 4304/1, Ov Al AlAlr Ve A eC le .5 /0, 560. u S, G 6;. !G 71 735.29 44 �X,Oense, -3414- 2-/ 4. 79 1, V 72, 21 /,032. 5 �3,903,f 7 34 533,7? 7 77,Zo 0 259.33 097, SG . S .?AN'PEC ;r�1J•�v`:C. j AM'SEPT , . f..omPu7z-,e ,qcc re, 1, SOL%7G 73'9,51 60"n l-,j fax e-s 1,�o 9.15 I 4�iE'ANe#15E' JC��5 S,7�t x .55 &1654,03 g,02'].$2 # I1"0►59 3.,539-55- J5- .3qSi V� i 4 ' . 60Atlew4eQ,015 23&. 14 27 Z,rwo 3qK1 zz -6 v f/ b`t.98 2,49. 73 11 te ,?,s Kes f C;:P'P Zj S7 lf, fit?. , 3 7,. ?'-ij 7'71 99,3q ` ,ejcq I '. . z1 r9 Tlory J2,Soo.3 o f 2,V44. 2p /2-1ooa.9(v ( e'taJlne� �� 451,b9 51o,25 199/ 835, 7? 2i 2,q;9oo�, 1521 o3a,52 vaw"es 19 7 G � t�t yol, 15 I1o9,59W, l2, xAQPTs�.iC� jA7'!o .�8� �1 �.3 /1073 ' AA E 4mi_ or* Prr3 t 0/5 , 0 27 ID 22: Ao November 27, 1985 Schmidt' s Sanitary Service. Inc. 8325 S.W. Ross Read Tigard, Oregon 972.24 639-5655 639-2378 To the Mayor and City Council r4embers of Tigard; At this time our company requests a rate increase in prises we charge for garbage service in tier. City of T.i.rrard. The last rate increase a.as affect-ed in October 1981. achmi.(It* unitary is faithfully performing all city franchi;�e a�rgx eerr,c.:n is ra.s hF' have done for the past fifteen yen.r. s. Haulier costs of one!.a'tion have steadily increased with the ever-growing problem of solid waste disposal, and new laws rind ref-ulations imrlemen ted by : tat` and regional governments. Commercial businesses represent a very small portion of our franchised aree..of Tigard. r"ost of out, commercial accounts are classified as light-industrial. We supply the special container in a size that the customer requests. The analysis of commercial rates is based on seven 30-gallon cans being equivalent to one cubic yard. We are requesting a commercial rate increase commen- surate to the residential increase. Co-nparable rates in the r( d on are listed on a separate enclosure. Most of the listed cities will be having rate adjust- ments in the near future. The rates; vary from city to city because of population density, hauling distances, and various individual franchise arrangements. Each one will have to address the solid waste problem that now exists and is growing greater and more costly with each passing' year. ("� We were recently instructed to substantially raise the liability insurance coverage for our business. We were able to fJ hold this cost to an increase of 15°' by lowering the amount of insured value on some of the older equipment and raisin* the collision deductible amount. Five years ago we began recycling newspapers. Then card- board was added and motor oil. In October 1984 our program of curbside recycling began in response to Senate Dill 405. This includes glass, tin and aluminum. More recycling information is listed on a separate sheet. The current costs of picking up these items far exceeds any profit made by the sale of the items. Approximately 50% of our customers recycle newspapers with any regularity. According to our figures gathered over the last 14 months an average 4% recycle the other mentioned items on a regular basis. Given the low market prices for these items, recycling will always operate at a loss. Even with a substantial increase in participation in the curbside recycling, the cost of labor, fuel. and insurances will offset any profit if the market for the recyclables continues to decline. In projecting further costs of recycling, we can only go by past customer participation. The glut of these items will only hold the price of recyclables down while the costs of collecting them will only increase. 14hen and if METRO gets the go-ahead to build a transfer station in Tigard, our mileage will certainly be reduced. This will result in less wear and tear on the trucks, reduced fuel con- sumption and lowered PUC fees. A transfer station' loeated in the Tigard area is probably two or more years away due to the permitting and zoning rules and regulations. The current tipping fee is $15.73 per ton. The area haulers are faced with a rate increase by METRO of $1.65 per ton at CTRL effective January 1, 1986. This will result in a tipping fee of $17.38 per ton. No matter where the transfer station is located, the cost of disposal will continue to climb because of the politics involved with siting a landfill and public awareness of alternative tech- nologies. In order for our company to have adequate operating revenues and to enable future equipment purchases, vie feel that a rate increase of 14% for residential and commercial accounts is necessary in the near future. Thank you for your prompt attention to this matter. Yours truly, Larry Schmidt, Vice-president Schmidt•s Sanitary Service,- Inc. ;d Comparable Rates in Region one can Lake Oswego $6.05 Durham 6.70 Tualatin 6.95 Sherwood 6.95 King City 6.15 Beaverton 5.90 Portland (unfranchised) 7.50 } s = Cost of Operations Increases 4/83 - 4/85 Wages 32`' Cas and oil -20% Repairs 195 Depreciation Dump fees 30;a *# Indirect; Costs Wades #40% Office expense 101 Taxes, Licens=es Insurances 21% Professional fees 38% Interest expense -17% Miscellaneous indirect 20% These average a 22%- increase in two years ** Dump fees from April to November 1985 was $2.4,000 at CTRC -- 580, increase a: k. 3 .. 2' i. t S 69 PIP V COC Iqg : 6)113 F 37q Ll Hula � > to V IC) Sao �.. Cj, NOV �1 pounds Ow RL-JiTg, C �� ,' qc l i/v t~ s CAa0rar-, News 1 11 OC-' Li 7 LIo AfoV 3`1 .00 t a Oaf MAY ?q&b ALIS q- < t -36 110 t t "15%a ' SCHMIDT SANITARY SERVICE, INC. STATEMENT OF OPERATING REVENUE AND EXPENSES (Cash batt,i t,) Years ended Apr-i1 30, 1982, 1983, 1984 and 1985 4.•-30-82 4-30-83 4--30--84 4-3Z-85 0per~at ing revenues $198, 321 $221,260 $::51, 493 $275, 029 D i r,ect costs: Wages, etc. open-at ing peg^soar el 100, 728 115, 271 140, 116 168, 437 Gass and c i 1 11, 222 9, 482 L J, ?,+v '3, 26G Repairs F ioairiterYance 10, 061 8, 922 1Z, 339 Deoreciat ion 11, 273 35, 047 32' wc 32, 255 255 Diawlp fees 12, 989 15, 097 12, 072 12, 8264f Fi^aneh i se fees 5, 768 - 7,333 8,020 Total d i r^ect cost s 152, 041 163, 819 1 v, 7 9CL 24 1,74:f Indirect costs: Wages, etc. of seaport support 12,616 9, 798 15, 982 16, 269 persOffice expense 2, 591 3, 008 2, 981 3, 317 Taxes, licenses, and insurance 5, 342 13, 913 17, 047 17, 674 Rent 3, 300 4, 1485 7, 99E fs, X800 professional fees 1, 120 2, 085 3, 080 3, 376 Interest expense 381 6, 517 7, 383 ,444 1 Miscellaneous indirect 687 1, 129 2, 205 !, 4: 3 _ Total indirect costs 26,037 40,635 56,670 56, 403 j Total operating costs 178,078 224, 454 272,-462 2298, 146 Net operating income (loss) before return on Ynest- . �a�rE . and nar%»aP�arat ink y at ems ffi20, 243 ($3, 194) ($20, 969) ($23, 117) Zrest ment in equipment at original cost $94,43? 159557. $16 +,69^2 $181,301 Qssssta«aab IswLsalCCtlCtr S4ZSPaCSxs f R��pe - '- s . SCHMID's' SANITARY SERVICE, INC. STATEMENT OF OPERATING REVENUE AND EXPENSES (Cash Sasis) Years ended April 30, 1082, 1983, 1984 and 1985 4-30-82 4-30-83 j 4--30-84 4-30-85 Operating $198, 321 $221,260 $251, 433 $275, 029 Direct costs: Mages, etc. of operating personnel 100, 728 115, 271 140, 116 160, 437 Gas and oil 11, 222 9, 482 13, 345 9, 26(7. Repairs R ;��a i rtt�>nancc 10, 061 8, 922 10, 024 a.4, S. '3 Depreciation 11, 273 35, 047 32, 902 32, 255�" Dump fees 12, 989 15, 097 12, 072 12, 8 G Franchise fees 5, 768 - 7, 333 a,'� 0 Total direct ct_tst s 152, 041 183, 619 a 15, 792 '41, 7i+ Indirect costs: Wages, etc. of support personnel 12, 616 9, 798 15,982 16, 269 Office expense 2, 591 3,008 2,981 3, 317 Taxes, licenses, and insurance 5, 34a 13, 913 17, 047 ,.7, G74 Rent 3, 300 4, 185 7, 992 8, 30.0 Professional fees 1, 120 2, 085 3, ose. 3, 376 Interest expense 381 6, 517 7, 383 5, 544 Miscellaneous indirect 687 1, 129 :, 205 1, 423 ------- Total indirect costs 26, 037 40, 635 56, 670 56, 403 Total. operating costs 178, 078 224, 454 272., 462 298, 146 ------ ------- ------- ------- Not operating income (loss) before return on invest- -t »t and rtion-operating ,t ems '620, 243 ($3, 194) (�20, 969) ($23, 117) Inr�stment in 'equipment *�s ? It., or 'cosi $94, 437 $159,557 $160,692 .01 x,., f F v r i as s,s..��^ �i a_ .( " .x. 'Lh�+r"' y1 s s f"•' .y'S 7 1 .�t�3N; � rte' � i#!. � �::. T a+` N.. n i`' `+Cel,.., r ,,;. '^'} ? Y . • . _ SCHMIDT SANITARY SERVICE, INC. STATEMENT OF OPERATING REVENUE AND EXPENSES (Cash Basis) Years ended Aprii'l 30, 1982, 1983, 1984 and 1985 4-30-82 .4-30-83 ?` 4-30-84 4-30-85 ------- ------- ------- Operating ------Operating revessues $198, 321 $221,260 $251, 493 $275,029 Diriect costs: Wages, etc. of operating personnel 100, 728 115, 271 140, 116 168, 437 Gas and o i 1 11, 222 9, 482 13, 345 9, 266 Repairs & maintenance 10, 061 8, 922 10, 024 10,939 Depreciation 11, 273 35, 047 32,902 32,255 jy Dump ,fees 12, 989 15, 097 12,072 12,826 ,k,• Fratnch3'se 1�ees e,020 Total direct costs 152, 041 183, 819 215,792 241,743 Indirect costs: zcri of tcuppot 9 .798' dffice expense 2, 591 3,008 2,981 3, 317 f -fixes, 'licenses, and , • L insurance 5, 342 13,913 17,047 17,674 Rent 3, 300 4, 185 7, 1392 8,800 - rpfeslticiris3 'fees 1, 220 2, 085 3, 080 3;376 " rita►^egt expense 381 6,517 7,383 5,544 141*cellaneo4a indirect 687 1, 129 2,205 1, 423 ------- ------- ------- t• costs 'a - 40,635 56,670 5694W 1 { at AV `r� t ii:asta- 178, 078. _ 22k, 454 2729462 w No ..open i rti t�2+4 iq ,r tj a x r ,and •y �r a�-trtent i 1'.ti G u P vnt 371. asailetpCsft ,�. + � .,y -+• � z 'f% ? _1 t.:x �t � b a r2?t � 42 " "..�� z 1 sa r.#-, _j [ t: 1 Fc ,� S . dam, ° � ur_ •Q: ....f,LTJ L_.IUL�L•��L.J t_.fZ- f•aio_ c■os•oo■ : r• ` t[LUL LL i� C�- iio� PL .r flr °• s •t/ E i A in 441 24 16 It t• a 1 l� 1 n� L `�-••---fir +_r-"."'. t--- %1 era �[�-� ._.i._.>+ L• Vis.,_,� Y�PSM-._. w!■�LL _ a •� �� .�,. I(l� � ■ of � f i w :41 Lr . f c .Y ♦ f j1 f cT '(N�''' ''� o • ,L TO CL cl � L (��� i ill, i s• }■1 laf a.n. T r ' • . n R ax,w 11 _ ® i i ar. .sono! a •oY LL 1 ,DPS•-.� ' - +.• .1j A y• d _�•i l • ,! `' � _ fil (•Loa L I. E V _ �•�F l i •'` !� � � © �_Q' � t � � �_ s�j��.. _may; _ 'i� r .D« i LLfLIr t a vIcINI r Y ♦ i•feel h..drede! . ♦'LL J__.J n_ Li t d . lo i � .7 �• �.Rc1 .. EI., as • : � nR,'•--•a•-p nr a a• a,o •aa• ���_� 11 c•tom• ^..�^1. w J,,, N N!S"7ti >� �" fat Mel A � _ laA •`4 • �/ .V / � 1/ _�"�. 1 • 43 /1 ipMff40 jdf' r n R ---:_ Sn sLQ .. •f +er 'f. �•fa +f a•. 5 1 e .a«fema C r ►� of ea � 1 as 4 w aonr 2 c 3 ai .<aa•e li 1' In•e�r a cots fT ' J • H �� • t LI cif :r •1! � i � � �! i'• .� •fl ;! -� Tom. �.. • .. zd n c (S ZP CSC LtMLP-P, tet Ln DaIE : o -z o -&e> �p°9°¢'SIII I° 1I°III°III°tq°Jill 9°I°ffr°(pI°►1,ot°!°n�r�p�pP�m{°1°�jti MOTE: IF THIS MICROFILMED DRAWING IS LESS CLEAR THAN - - - THIS NOTICE, IT IS DUE TO ThE QUALITY OF THE ORIGINAL DRAWING. oe sz ez c��z az sz i:a sz zz�z a z sr ep cp --si si--6a ee zi ii fli 6 ®__ `_--g--_ s .._-- __.-£.__.-z tNaraNalaMatlMIIHa�lMaliHL aa!llH9z ----- Pnwred Br j Aoaared BY --...... .... . .._-._ ...- --- --- PItB[CS GREENWAY 1 2 3 4 In Ptior t 6 7 i 8 9 10 I1� 12 ------� Cook Park, Services and MaterialsFANNO CCOOK SUtAfERLAlCE RE EHGLEWOOD _ EnYlewood Otbers -- - - _ and _ Woods d Jack _ Libert 6 'Windmill Park. and So: Main +wint S Ground faintenanceMan Hours g-- .-�- — F ( fl ( . Lab �,.ab . . - -- -- ---- 11 ! I I !j: r,- T-1 T7 1. • i ( x S31FFItea ------ t ! - Labor ---- / d ( I + f 1 TOTAL / 1 61 — �` I 1 -• _Level IIZ _ ,' _ .�.1 .i:.� . 12 �.5 Mowin 6 Ground Maintenance Man Hours 1 1_I QQ,,gq 13 Materi s b Su lies ! 1 ' L+ O 1e Labor — '- - - , I ` S lin 16 ill ys 17 -- I 18 - 19 20 I I, 21 23 T-T 24 f - I 1 TH 25 26 1 JJ �7 r - rlllry►0tli)rl+,�I11�1+1il�jllt Illjlll�l,l)111 1111IF IlTqqTpfrpl111(111 ilTj17 i 1111111111111,11 11 IT111 III ivY)111)111111111111:1(111t!)aIIIIII)Ila f�itllafelr(6jo�+i+�rr+Pato�+'1+, - NOTE: IF THIS MICROFILMED -- -,..._.l 2 3 4 _ 5 6- 7 �3 90 11 _..__.12 DRAWING IS LESS CLEAR THAN THIS NOTICE, IT IS DUE TO THE QUALITY OF THE ORIGINAL DRAWING. - oe 6z sz c1z az sz oz -C2—Z-2-12 of-Moz stl a1 sl �1 Ei._ s zi "�� of s e _. n11FFuNIN,th,I111u1Im11NxNulill n.�(�(+ !Ae1L...;1.a.1..«I,�.L-„J�..1��..1.. Ir.a.�.l•,_!....1,..:. t aJ�ne�uuL,ul.,�l.s> S.ol. lea _ —--- J , 199U - ------� - ---,. 1 i:•...i i 4i .E-#�-1__�_=-1--�.T��•f`�;1 -i= �; i l. 1;;,_i !_ i ':-oa� q_�. y •' m • ` , , ' • , r J '( CITY OF TIGARD, OREGON ORDINANCE NO. 83- 19 AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE, CHAPTER 11, SOLID WASTE MANAGEMENT TO PERMIT RATE INCREASES. WHEREAS,- the City of Tigard City Council has granted a franchise to certain haulers for the collection of solid waste in the City, and WHEREAS, the City of Tigard City Council has established certain rates for the collection of solid waste in the City, and WHEREAS, the Metropolitan Service District has control of solid waste site fees, and WHEREAS, the Metropolitan Service District has increased the rates for dumping at solid waste disposal sites. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section l: Section 11.04.090(c) is amended as follows: t Rates to be charged by the franchises under this chapter shall -be--set. by the City Council by resolution as deemed necessary by the Council. Except, increases in charges to the franchises for solid waste disposal site fees imposed by a governmental agency may be included in the rates by Council Resolution rovided such increases are evenly distributed amore the rates. The franchises shall provide sixty 60 days written notice with accompanying justification for all other proposed rate changes. Section 2 The provisions under Section 1 of this Ordinance may be applied retroactively and made effective as of February 1, 1983. PASSED: By unanimous vote of all Council members present, after being read by number and title only, this 28 day of March , 1983. City Recorder - City of T' d Approved: By the Mayor this 28 day of March , 1983. -10.1' Mayor - City of Tigard ORDYNANCE NO. 83- 19 (0447A) CITY OF TIGARD, OREGON RESOLUTION NO. 83 - 3 s A RESOLUTION OF THE TIGARD CITY COUNCIL INCREASING GARBAGE RATES. WHEREAS, on February 14, 1983, representatives of the solid waste dis- posal companies serving the City of Tigard appeared before the Council to pre- sent evidence in support of a request for rate increases due to an increase in the amount charged by Metro at the disposal facilities for operating costs effective January 3, 1983; and WHEREAS, the City Council recognizes the need for prompt action to ensure a timely "pass through" of this increase cost; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD THAT: Section 1: The Tigard City Council wishes to increase current garbage franchise collection rates to reflect a complete pass through of the Metro increase, to be effective February 1, 1983. Said increases are reflected in the attached Exhibit 'A' . PASSED: This Ag day ofs r� 1983. Mayor ATTEST: City Recorder 67' RESOLUTION NO. 83 ,�- EXHIBIT "A" -- SOLID WASTE DISPOSAL TIGARD SCHEDULE OF RATES - FEBRUARY 1, 1983 RESIDENTIAL RATES One Can 6.95 On Call Service 3.50 Two Cans 13.15 Each.Additional 6.20 COMMERCIAL RATES T !f Number of Cans One Two Three Four Five One 7.40 14.15 21.15 28.10 35.20 TWO 13.80 26.30 39.25 52.35 65.35 Each Additional 5.50 10.95 16.30 21.70 27.10 �X EXHIBIT "A" (CON'T) CITY OF TICARD CONTAINER SERVICE - LOOSE Container Size Stops er week One Two Three Four Five One Yard 41.40 76.45 109.85 Each additional One and k yards 48.25 88.60 126.95 164.20 196.35 Each additional 42.85 78.75 113.05 146.20 174.90 One and ;f yards 54.90 105.95 151.55 192.40 232.65 Each additional 50.30 93.00 136.10 171.65 206.60 Two Yard 72.45 137.25 195.80 248.20 299.40 Each additional 65.50 120.10 167.45 210.30 252.25 Three Yard 93.35 175.10 247.30 310.60 379.85 Each additional 85.65 162.20 231.85 300.30 366.95 Four Yard 114.25 213.50 311.50 397.50 ; 476.85 Each additional 107.35 206.65 301.20 390.55 467.45 Five Yard 132.65 255.55 373.05 484.05 580.85 Each additional 128.20 242.65 353.70 460.10 559.40 Six Yard 146.65 281.85 412.00 533.40 651.65 Each additional 141.40 271.55 396.50 507.95 619.05 Eight Yard 177.30 339.50 492.85 639.55 776.50 Each additional 170.20 325.75 472.45 612.20 742.15 CONTAINER SERVICE - COMPACTED Container Size Stops per week One Two Three Four Five One Yard 95.55 175.55 251.50 325.40 389.00 Two Yard 144.90 274.50 391.60 496.45 598.85 Three Yard 186.70 350.15 494.65 621.15 759.75 MEN EXHIBIT "A" (CON-T) DROP 80X SERVICE Drop Box Size Regular Service Occasional Service Twenty Yard Bax 96.35 105.40 43.90 Rental 4.00/day after 48 hr. Thirty Yard Box 123.40 132.95 58.55 Rental 5.30/day after 48 hr. MISCELLANEOUS RATES A) Court apartments F) One flight of stairs five or more units y- 1 stop per week 5.50 G) Two flight of stairs 2 stop per week H) Return for pickup of B) Extra garbage per can 2.20 inaccessible can - C) Call Backs 6.65 I) Extra distance- C per foot after D) Bundles _ the first 100 feet E) Boxed refuse or an equivalent amount of loose refuse t t. J CI'T'Y OF TIGARD, OREGON ORDINANCE KO.78- :+ ORDINANCE RELATING TO THE ENVIROMIENTAL,- HEALTH AND SANITATION ASPECTS OF S_ GLID 'WASTE MANAGEUENT IN THE CITY OF TIGARD, OREGON, INCLUDING BUT NOT LIMITED TO, GRANTING EXCLUSIVE FRANCHISES TO PROVIDE4'-S0h1D:WASTE- SERVICE;►WITHIN THE CITY; CREATING NEW PROVISIONS; REPEALING ALL OTHER ORDINANCES &YD RESOLUTIONS IN CONFLICT WITH THIS ORDINANCE, DECLARING AN EMERGEUCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTIO-N 1. Short Title. This ordinance shall be known as the "City- of Tigard Solid Waste Management Ordinance" and may be so cited and pleaded and shall be cited herein as the "ordinance". SECTION 2. Purpose, Policy and Scope. (l) It is declared to be in the public interest for the City of Tigard to establish this policy relative to the matters of solid waste management to: (a) Provide sufficient waste volume to sustain solid waste management facilities necessary to achieve resource re- covery goals established by the city, county, State Department of Environmental Quality and Metropolitan Service District; (b) Provide the basis for agreements with other governmental ' units and persons for regional flow control to such fa- cilities; (c) Insure safe accumulation, storage, collection, transporta- tion, disposal or resource recovery of solid waste; (d) Insure maintenance of a financially stable, reliable solid waste collection and disposal service; (e) Insure rates that are just, fair, reasonable and adequate to provide necessary service to the public; (f) Prohibit rate preference and other discriminatory practices which benefit one user at expense of other users of the service or the general public; ' (g) Conserve energy and material resources; ' (h) Eliminate overlapping service to reduce truck traffic, street wear, air pollution and noise; t (i) Provide standards for solid waste service and pubiic re- sponsibilities; and (,)). Provide technologically_ and economically feasible.. re- cycling by and through solid waste collectors. z (2) No Person all; (a) Provide service, offer to provide service or advertise for the performance of service without having obtained a franchise from the City of Tigard. (b) Accumulate, store, collect, transport, dispose of or resource recover solid. waste except in compliance with this Ordinance, other City- Ordinances, and Chapter 459, Oregon Revised Statues, dealing with solid waste manage- ment and regulations and amendments promulgated under any of the foregoing. SECTION 3. Definitions. (1) Compensation. Includes. (a) Any type of consideration paid for service including, without limitation, rent, lease payments, and any other direct or indirect provision for payment of money, goods, services or benefits by owners, tenants, lessees, oc- cupants or similar persons; (b) The exchange of services between persons; and (c) The low of consideration from the person owning or possessing the solid waste to the person providing the service or from the person providing the service to the person owning or possessing the solid waste. (2) Council. The City Council of the City of Tigard. (3) Franchise. The right to provide service granted to a person pursuant to this ordinance. (4) Person. Any individual, partnership, association, corpora- tion, trust, firm, estate, joint venture or other public or private legal entity. (5) Putrescible Material. Organic materials that can decompose and may give rise to foul-smelling, offensive odors or products. (8) Resource Recovery. The process of obtaining useful material or energy resources from solid waste and including energy re- covery, materials recovery, recycling and reuse of or from solid waste. (7) Recycling. Any process by which solid waste materials are transformed into new products in such a manner that the original products lose their identity. (8) Reuse.. The return of a commodity into the economic stream for use in the same kind of application as before without a change in its identity. k rage 2. Qrdinance No. 78- �r \ \ \ Ilk. \ (9) Service. . The coLetion and transportation solid waste by persons for compensation. (10) Solid Waste. All putrescible and non-putrescible wastes, including by not limited to garbage. rubbish, refuse, ashes, wastepaper and cardboard: residential, commercial, industrial, demolition and construction wastes; discarded home and industrial appliances; vegetable or animal solid and semi-solid wastes; dead animals, and other wastes. (a) For the purposes of this subsection, "waste" means any material that is no longer wanted by or is no longer use- able by the generator. producer or source of the material, which material is to be disposed of or be resource re-, covered by another person. The fact -that materials, which would otherwise come within the definition of "waste", may from time to time have value and thus be resource re- covered does not remove them from this definition. Source separated wastes are "wastes" within this sub- section. (b) The term "solid waste" does not include any "hazardous waste" as defined by or pursuant to ORS Chapter 459. SECTION 4. Franchises. (1) Subject to the provisions of this section, this ordinance, the City Charter and any amendments to these documents, there is hereby ranted to the following persons an exclusive franchise to provide ( -ervice within the exclusive area shown within a map of existing franchised areas on the effective date of this ordinance, which map is hereby attached hereto, marked "Exhibit All , and by this reference is hereby incorporated herein. (2) The franchisees are: Area I (a) Frank's Disposal Service, Inc. , Herb Frank, President , 15890 SR Colony Drive, Tigard, Oregon 97223 Area II (b) biller Sanitary Service, Inc. , Carl Miller, President, 7764 SW Capitol Highway, Portland, Ore. 97219 Area III ._ (c) c idt's Sanitary Service, Inc. , John Schmidt, President , 8325 SW Ross, Tigard, Ore. 97223 (3) Where any area is annexed to the City of Tigard and the area had been franchised by Washington County for solid waste collection service prior to annexation, the county franchise shall be recognized as to the area, but service, term and other requirements :,, shall be those of this ordinance. If the area was franchised to any of those listed in (2) of this section, the area shall be added by the- City Manager by amendment to "Exhibit All. For personsotherthan those listed in (2) of this section, an ac- ceptance of franchise must be signed and recorded as provided in Section 7 of this ordinance. Rage 3 Ordinance No. 78- &,Y x;= (4) ' Nottiinis his franchise or this section shall: (a) Prohibit any person from transporting, disposing re- source recovering waste produced ,by himself so long as he complies with this Ordinance, other City Ordinances. and Chapter 459 Oregon Revised Statutes, dealing with solid waste management and regulations promulgated under any of the foregoing. For purposes of this subsection, solid waste produced by a tenant, licensee, occupant or similar person is produced by such person and not by the landlord, property owner or agent of either the landlord or property owner. (b) Prohibit any person from transporting, disposing of or resource recovering, sewage sludge, septic tank pumpings and cesspool pumpings. (c) Prohibit any person licensed as a motor vehicle wrecker under ORS 481.345 et seq from collecting, transporting, disposing of or utilizing motor vehicles or motor ve- hicle parts. (d) Prohibit the City Council from withdrawing certain solid waste services by amendment to this Ordinance on the basis of a finding that such regulation is not neces- sary for the implementation of the purposes of this Ordinance or a city, County or Metropolitan Service District Solid Waste Management Plan. (e) Prohibit any person transporting solid waste through the City that is not collected within the City. (f) Prohibit a contractor employed to demolish, construct, or remodel a building or structure, including but not limited to land clearing operations and construction wastes, from hauling waste created in connection with such employment in equipment owned by the contractor and operated by contractors employees. (g) Prohibit the collection, transportation and reuse of re- pairable or cleanable discards by private charitable organizations regularly engaged in such business or activity including, without limitation, Salvation Army, Goodwill, St. Vincent De Paul and similar organizations. (h) Prohibit the operation of a fixed location where the generator, producer, source or franchised collector of solid waste brings that waste to a fixed location for transfer, disposal or resource recovery; provided, however, that the establishment or maintenance of any such location brought into being after April 1, 1978, shall be only by permit issued by the City Administrator. (1) Prohibit the collection, transportation or redemption of beverage containers under ORS Chapter 459. Page 4 Ordinance Aqo. , 78- ti (j) Prohibit a person from transporting or Visposing of waste that he produces as an incidental part of the regular carrying on of the business of janitorial service; gardening or landscaping service; or rendering. (k) Require franchisee to store, collect, transport, dispose of or resource recover any hazardous waste as defined by or pursuant to ORS Chapter 459; provided, however, that franchisee may engage in a separate business of handling such wastes separate and apart from this franchise and ordinance. (1) Prohibit a nonprofit charitable, benevolent or civic organization from recycling wastes provided that such col- lection is not a regular or periodic"business of such Qr- ganization and .that, for all such collection after April 1, 1978, a sub-contract shall be obtained from the franchisee in the area or areas to be served or that a permit is ob tained from the City Administrator. (5) Where a permit is required from the City Administrator it shall be issued only upon a finding that the service is needed, bas not been provided by the Franchisee or, in the case of fixed base facilities, by other persons. The City Administrator shall give due consideration to the purposes of this ordinance. He may attach such conditions as he determines are necessary to obtain compliance with this ordinance and may restrict the term of such permit. The permittee will comply with all applicable provisions of this ordinance. (6) Solid waste placed out for collection, whether or not source separated, belongs to the franchisee when so placed or, where placed out for collection by a permittee, belongs to the permittee. (7) Not withstanding other provisions of this section, of the Council finds that on-route recycling is technologically and economically feasible and directs that it be instituted: (a) Franchisees shall be given advance notice of a hearing on the subject and an opportunity to be heard. , (b) If, after the hearing and on the basis of written find- ings, the Council directs the service be provided, the franchisees shall be given a reasonable opportunity to provide the service or subcontract with other persons to provide it. (c) If franchisees do not provide the service within the specified reasonable time, Council may issue'a franchise s or franchises for that service and limited to on-route recycling. A franchisee under subsection shall comply 3 with all applicable requirements of this ordinance. �age;;5 Ordinance No. 78- (d) Nothing in -this -subsection shall--prevent the franchisees from instituting on-route recycling prior to a Council determination nor from including income and expense in the rate justification section. SECTION 5. Fran.chise_:Term . (1) The rights, privileges and initial franchise granted herein shall continue and be in full force to and including the 31st day of December,-1.988--subject to terms, conditions and payment of franchise fees to the City as set forth in this Ordinance. (2) Unless the Council acts to terminate further renewals of the franchises herein granted, each .-January 1st, the franchises, are .automatically,•renewed for a term -of ten years from January 1st rental. SECTION 6. Franchise .Fees. (1) Effective July 1, 1978 as compensation for the franchise grant- ed to each Franchisee and for the use of City streets, the Franchisee shall pay to the City a fee equal to 3 percent of gross cash receipts resulting from the solid waste services cgnducted under the franchise. Such fees shall be computed on a/quarterly basis and paid within 30 days following the end of each quarter calendar year period. Each Franchisee shall maintain an adequate bookkeeping system showing the gross cash receipts resulting from the solid waste services conducted under - the franchise. Records shall be open at all times for audit by audit by authorized personnel designated by the City Administrator (2) Willful misrepresentation of gross cash receipts by a Franchisee shall constitute cause for immediate revocation of this franchise, pursuant to Section 9 of this Ordinance. (3) The franchise fee shall be in lieu of any business license or regulatory fee or tax, but shall not be in lieu of any ad valorum tax, imposed by the City of Tigard. SECTION 7. Franchise Responsibility (1) The Franchisees shall: (a) Resource recover or dispose of wastes collected at sites approved by the City that are in compliance with Chapter 459, Oregon Revised Statutes and regulations promulgated thereunder. (b) Provide and keep in force public liability insurance with a 30 day cancellation clause in the amount of not less than $100,000 for injury to a single person, $300,000 u to a group of persons and $50,000 property damage, .all relating, to a. single. occurrence, which shall be evidenced by' a certificate of insurance °filed with the City Recorder. Page 6 Ordinance No.'- -78-C, / The insuran shall indemnify and save a City harmless against liability or damage which may arise or occur from an injury to persons or property resulting from the ' Franchisee's operation under this Ordinance. (c) Within 30 days after the effective date of this Ordinance, file with the City Recorder a written acceptance of the franchise. (d) Furnish sufficient collection vehicles, containers, fa- cilities, personnel, finances, and scheduled days for collections in each area of the City necessary to provide all types of service required under this Ordinance or subcontract with others to provide such service pursuant to this Ordinance. (e) provide a cash security deposit or aperformance bond in the amount of $5000 to guarantee payment to the City or other affected person of a judgment secured against the Franchise holder because of work performed that does not conform with the requirements of this Ordinance or oihxr Ordinances of the City. The de- posit or bond shall continue until one year after ex- piration of the franchise or until all claims or demands made against the Franchisee have been settled or secured. (f) Collect no single family residential solid waste before 5:00 A.M. or after 7:00 P.M. unless this condition is rr waived by the City Administrator or his designee. 1. (g) Provide collection and disposal of solid waste from all City facilities, City parks, City sidewalk con= tainers,. and City activity area at no cost to the City on a regulctr schedule. (h) Make collections no less often than once each week, except for will-call collections and drop box operations, and ex- cept as provided in Section 11. (i) Permit inspection by the City of the Franchisee's fa- cilities, equipment and personnel at reasonable times. (j) Respond to all calls for special hauling requiring equipment regularly supplied by Franchiser within 96 hours of receiving said call unless a later pickup is agreeable to the customer. Special hauling of containers or drop boxes supplied by Franchisee is dependent upon availability of those containers or boxes. (2) A franchisee may require a contract from a customer who requires an unusual service involving added or specialized equipment solely to provide that service. The purpose of this subsection is to prevent the added cost from being assessed against other ratepayers ifthecustomer later withdraws from service. Page 7' Ordinance No. 78- SE:.'TION 8. Rates (1) The rates to be charged to all persons by the Franchisee shall be reasonable, uniform and based upon the level of service rendered, haul distance, concentration of dwelling units, and other factors which the City Council considers to justify var- iations in rates that out weigh the benefits of having a single rate structure unless otherwise noted in this Ordinance. (2) Nothing in this Section is intended to prevent: (a) The reasonable establishment of uniform classes of rates based. upon length of haul; type of waste stored, collected, transported, disposed of, salvaged, or utilized; or the number, type and location of customers service; or upon other factors as long as such rates are reasonably based upon cost of the particular service and are approved by the City Council in the same manner as other rates. (b) The franchisee from volunteering service at reduced cost for the civic, community, benevolent or charitable program. (3) Rates to be charged by the Franchisees under this Ordinance shall be setby the City Council by resolution as deemed necessary by the .Council. The Franchisee shall rovide sixty (60) days written notice with accompaM7iUg""3"ust3Yicaticin fos. propo"sed rate changes. The Council shall give-due consideration to the purposes of this ordinance and the direct and indirect cost to franchisee of doing business including, without limitation, investment in and- cost of disposal or resource recovery, soundness of management , resource recovery revenues, services of management, cost of technological changes, costs of meeting government reg- ulations, projected revenues and expense of providing service, cost of meeting growth in service or capital budget, rate for similar services -in similar areas, a reasonable return to franchisee on the business, length of haul to disposal facilities, cost of use of transfer or transfer facilities,future service demands, extra charges for off-day pickups, janitorial services picking up wastes around cans or other containers or boxes, Saturday or holiday surcharge where such service is provided, minimum use of drop box service as a condition for providing the service, and a surcharge for blocked access or container, can or drop box not ready to dump based on time and expense. z (4) The franchisee shall be provided with 30 day prior written notice with accompanying justification for a City initiated reduction in rate schedule. .Page g ordin ance No. 78- (5) Unless a governmental unit or legislative body has raised or lowered the cost of providing service or there is a substantial increase in the cost of doing business that was not provided for in the previous rate adjustment, rate adjustments. shall be made annually on the following schedule. (a) On or before Sept. lst; .the franchisee shall supply a report of current income and expense together with pro- . jected income and expense for the year beginning January 1 and ending the following December 31 together with existing and proposed rates. Income and expense reported may include any or all of those listed in (3) of this Section and other applicable to the franchised business. Fiscal year franchisee shall estimate revenue and expense from date of actual expense and income records to June 30. (b) The City Administrator shall report to the Council by October 1 on the franchisee reports and propose rate adjustments, if any. He may make such recommendations as appropriate to the rate determination. A copy shall be delivered to each franchisee. f'''(c) The Council may set a hearing on any proposed rate adjustment. (d) Unless there is good cause shown and recorded in the * minutes of the Council, the Council shall act upon any rate adjustment by November 30 and the adjustment shall take effect January 1. Rate adjustments shall be by resolution and order of the Council. (e) The reports are required from each franchisee regardless of whether or not a rate adjustment is requrested. (8) Emergency rates or an interim rate for a new or altered service may be set by the City Administrator provided, however, that an emergency. or interim rate is not valid for more than six months from the effective date. The City Administrator shall report any emergency or interim rate adopted together with Justification to the Council for action by resolution and order, 'if the rate is to continue for'more than six months. (i) Rates established by the Council are fixed rates and the franchisee shall not charge more or less than the fixed rate unless pursuant to (2) (b) of this section. (8) Nonscheduled services shall be charged at the reasonable cost of =iroviding the service taking into consideration the !ac- ,to,, in (3) of this -Section and as 'determined by franchisee. uage o •dinance No.. 78-6V s e x law (J) In establiA.ning rates. the Council ma� set uniform rates, uniform rates by zone and different rates for collectors where there is a service and cost justification. I (10) Until changed by the Council , rates to be charged are those in effect on the effective date of this ordinance. A schedule of those rates is attached hereto, marked "Exhibit B" , and by this reference is hereby incorporated herein. (11) If approved in a rate schedule, a "Start Charge" for new service and a "Restart Charge" for reinstituted service may be added. (12) Franchisees may request and the Council shall schedule a public hearing on a ca on for adjustment-or action of the ` .. Council where no public hearing has been held prior to ratei determination. . (13) Franchisee may require payment for residential and multi-- family residential service up to three months in advance and may bill up to three months in advance, arrears or any combination. Where billed in advance, franchisee will refund a prorate portion of the payment for any complete months in which service is not to be provided. Where billed in advance, no rate adjustment shall be effective until the end of the advance payment. ( 14) Any person who receives solid waste service from the Franchisees shall be responsible for payment for such service. The owner of a rental or lease facility shall. be liable for payment for services provided to a tenant of such dwelling if the tenant fails to make timely payment for such services. The owner of. any multiple unit rental or lease facility having two or more units shall be primarily responsible for services pro- vid3d to the occupants of such facility and shall be billed for the services. (15) Franchisee may charge at time of service for drop box service or for any customer who has not established credit with franchisee. SECTION 9 Transfer. Suspension, Modification or Revocation of Franchise. (1) The Franchisees shall not transfer this franchise or any portion thereof to other persons without 60 days prior written notice of intent and the subsequent written approval of City Council, which consent shall not be unreasonably withheld. The City Council shall approve the transfer if the transferee meets all applicable requirements met by the original Franchisees. A i.. pledge of this franchise as financial security shill be.. con - sidered as a transfer for the purposes of' this subsection. -The City Council may attach whatever conditions it deems appropriate to guarantee maintenance of service and compliance with this Ordinance. Page 10 Ordinance No., 78-- yYth a written notice to p1r.";ride the services (2) Failure to comply`►' notice comply with the required by - this Ordinance or to of provisions of this Ordinance after written notice and a reasonable opportunity to comply shall be grounds for modifica- tion, revocation or suspension of franchise. (a) After written notice from the City Council that such grounds exist, Franchisee shall have 30 days from the date of mailing of the notice in which to comply or to request a public hearing before the City Council. (b) If Franchisee fails to comply within the specific time or fails to comply with the order of the City Council entered upon the basis of written findings at the public hearing, the City Council may suspend, modify or revoke- franchise or crake such action contingent upon continued noncompliance. (c) At a public hearing, Franchisee and other interested persons shall have an opportunity to present oral, written or documentary evidence to the City Council. The finding of the City Council thereon shall be conclusive; provided, however that such action may be re•:iewed by a court on a writ of review. (d) In the event that the City Council finds an immediate and serious danger to the public through creation of a health or safety hazard, i•t may take action to alleviate such condition withina time specified in the notice to the Franchisee and without a public hearing prior to taking such action. SECTION 10. Preventing Interruption of Service. The Franchisee agrees as a condition of a franchise that whenever the City Council finds that the failure of service or threatened failure of service would result in creation of an immediate and serious health hazard or serious public nuisance, the City Council may, after a minimum of 24 hours actual notice to the Franchisee and a public hearing if the Franchisee requests it, provide or authorize another person to temporarily provide the service or to use and operate the land, facilities and equipment of a Franchisee to provide emergency service. The City Council shall return any seized property and business upon abatement of the actual or threatened in- terruption of service, and after payment to the City for any net cost incurred in the operation of the solid waste service. SECTION 11. Termination of Service. The Franchisee shall not terminate service to all or a portion of his customers unless: (1) The street or road access is blocked and there is no alternate route and provided that the Franchisee shall restore service not later than 24 hours after street or road access is opened; Page 11 ordinance No. 78- � (2) As determined by the Franchisee, excessive weather conditions render providing service unduly hazardous to persons providing service or to the public or such termination is caused by ac- cidents or casualties caused by an act of God, a public enemy, or a vandal: or, road access is blocked. (3) A Customer has not paid for provided service after a regular billing and wfter a hich noticenday shallwnotten be sentclessoe date of mailing, w than fifteen days after the first regular billing; or (4) Ninety days written notice is given to the City Council fand to affected customers and written approval the City Council. (5) The customer does nnot comply mancewith the service standards of Section (15) of the r SECTION 12. Subcontracts. The Franchisees may subcontract with others to provide a portion of the service where the Franchisees do not have the necessary equipment or service capability. Such a subcontract shall not relieve the Franchisees of total responsibility for providing and maintaining service and from compliance with this Ordinance. SECTION 13. Enforcement Officers. The City Administrator shall enforce the provisions of this Ordinance, and his agents, including police officers and other employees so designated, may enter affected premises tt reasonable times for the purpose of determining compliance with the ., provisions and terms of this Ordinance. SECTION 14 Rules and Regulations. The City Administrator or his designee _ may propose and prepare rules and regulations pertaining to this Ordinance The rules and regulations shall be printed or typewritten and be main- tained for inspection in the office of the City Recorder. All proposed rules and regulations promulgated under the authority of this section and all amendments thereto shall be immediately forwarded to the Franchisee operating under this Ordinance for his response. The Franchisee shall have 30 days to respond in writing to such proposed rules and regulations. ` The rules and regulations and any amendments thereto shall be approved by the City Council following said 30 day period. SECTION 15. Containers Collection Limitations. In addition to compliance with ?5RS ChipE—er- 459 and regulations promulgated pursuant thereto and Section 15 of this Ordinance: (1) To achieve the purposes of this ordinance, to provent recurring back and other injuries to collectors and other persons, to comply with safety ructions to and to comptyl with rsafety,s from thealth he tand Accident Insurance Fund environmental safeguard; . - (a) Solid waste cans shall have a round bottom, sides taper- ing outward to the opening at the top that provides for unobstructed dumping of the contents, a bail or two handles on opposite sides, a closefitting lid with handle, not exceed 32 gallons--capacity ae►d be watertight in con struct ion. Cans shall' .be; evade of metal :or some rigid Page 12 Ordinance No. ?$- t � materVal that will not crack or J:eak in freezing weather and be waterproof, rodent resistant, and easily clean- able. No solid waste can or shall exceed 60 pounds gross loaded weight and putrescible material (garbage) shall be placed in plastic bags or securely wrapped in paper after being drained of liquids. (b) Sunken refuse .cans or containers shall not be used, unless they are placed above ground by the owner for service. (c) ' On the scheduled collection day, the user shall provide safe access to the pickup point which does not jeopardize the safety of the driver of a collection vehicle or the motoring public or create a hazard or risk to the person providing service. Cans must be in a visible (from the street or alley) location which may be serviced and driven to by satellite vehicles where practical. Access must not require the collector to pass behind an auto- mobile or other vehicle or to pass under low hanging obstructions such as eaves, tree branches, clotheslines or electrical wires which obstruct safe passage to and from cans. Cans must he at ground level, outside of garages, fencet, and other enclosures, and within 100 feet of the street right-of-way or curb. Where the City Manager finds that a private. bridge, culvert or other structure or road is incapable of safely carrying the weight of the col- lection vehicle, the collector shall not enter onto such structure or road. The user shall provide a safe alternative �- access point or system. (d) All solid waste cans located at single family residences shall be placed togehter -in one authorized location on the regularly scheduled collection day. (e) All solid waste receptacles, including but not limited to cans, containers, drop boxes, shall be maintained in a safe and sanitary condition by the customer or user. (f) Solid waste service customers shall place items not in- tended for pickup at least three (3) feet from solid waste can(s) or container(s). (g) No person shall block the access to a solid waste con- tainer or drop box. (h) No person shall deposit material in or remove material from any drop box or container supplied by a franchisee without permission of franchisee. (i) No persons shall take or remove any solid waste placed out for collection by a franchisee or permittee under this-'ordinance. age 13 j Ordinance No. 78-C� (j) No person sh.Al place any hazardous waste as defined by or pursuant to ORS Chapter 459 out for collection by another person, franchisee or permittee or place it in any container supplied by such a person, franchisee or permittee without prior written notification and ac- ceptance by the person, franchisee or permittee and also upon compliance with any requirements of ORS Chapter 459 and any rules or regulations thereunder. (k) All putrescible solid wastes shall be removed from arty premises at least once every seven days, regardless of whether or not confined in any container, compactor or drop box or can. (1) No person shall use any solid waste collection container of one cubic yard or more in capacity unless it is sup- plied by the franchisee or is approved by him on the basis of safety, equipment compatibility, availability or equipment and the purposes of this ordinance. (m) Containers (and drop boxes) shall be cleaned by the customer or user; provided, however, that the franchisee shall paint the exterior and provide normal maintenance. The customer or user shall be liable for .damage beyond reasonable wear and tear. (a) Container customers shall supply a location .and properly maintain containers so as to meet standards of the Consumer Products Safety Commission. (o) All loads of solid wastes that may scatter, blow, leak or otherwide escape, and whether on collection vehicles or others, shall be covered during transit to disposal or resource recovery. (p) No person shall install a stationary compactor for col- lection unless the franchisee has been notified and has the necessary equipment to handle the solid wastes. (q) A container for hazardous or other special wastes shall be appropriately labeled and placed in a location inac- cessible to the public. If the container is reusable, it shall be suitable for cleaning and be cleaned. (See also requirements of ORS Chapter 459 and rules and regulations thereunder). (2) No stationary compactor or other container for commercial or industrial use shall exceed the safe loading design limit or operation of the collection vehicles provided by jhe Franchisee serving the service area. Upon petition of a group of customers reasonably requiring special service, the City Council may re- quire the Franchisee to provide provision for vehicles capable of-handling specialized loads including, but not limited to, front loading collection trucks and drop-box trucks and systems. Page 14 Ordinance No.- 78 -Gsy (3) To prevent injurfes to users and collectors, stationary compacting devices for handling solid wastes shall comply with applicable federal and state safety regulations. ' (4) Any vehicle used by any person to transport wastes shall be so loaded and operated as to prevent the wastes from drip- ping, dropping, sifting, blowing, or otherwise escaping from the vehicle onto any public right-of-way or lands adjacent thereto. SECTION 16. Offensive Waste Prohibited. No person shall have waste on property that is offensive or hazardous to the health or safety Of others or which creates offensive odors or a condition of un- sightliness. ' SECTION 17. Unauthorized Deposit Prohibited. No person shall, without authorization and compliance with the disposal site requirements of this Ordinance deposit waste on public property or the private property of another. Streets and other public places are not authorized as places to deposit waste except as specific provisions for containers have been made. SECTION 1S. Construction. Any finding by a court of competent jurisdiction that any portion o this Ordinance is unconstitutional or invalid shall not invalidate any other provison of this Ordinance. SECTION 19. Penalties. Violation by any person of the provisions of Section 2 2) or Section 15 (1) (g) through (k) and (m) through (0) his Ordinance shall be deemed to be a misdeameanor and shall be punishable upon conviction by a fine of not more than Five Hundred Dollars ($500) . SECTION 20. Emergency ,Clause. To provide for safe and sanitary solid waste management in the City and thereby preserve the health, safety and welfare of the residents thereof, an emergency is declared to exist and the terms and provisions of this Ordinance, except as expressly provided otherwise in Section 6 and in Section 16, shall become effective upon enactment of this Ordinance. PASSED: By aan,, ,inyo:_vote of all Council members present, after being read two times by number and title only, this _S7-hw day of nr--rS�_. 1978. y �ecorder -pro-tem City of Tigard APPROVED: By the Mayor this �7�+ day of ,._� , 1978. Mayor City of Tigard/ _F �=..rdina.�ce. rTo. ?8- CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 17 1986 AGENDA ITEM #: DATE SUBMITTED: February 13- 1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Easement Vacations In Amart Summer Lake III PREPARED BY: Loreen Wilson Subdivision REQUESTED BY: Mr. Art Lutz DEPARTMENT HEAD OK: CITY ADMINISTRATOR: Ll POLICY ISSUE Council initiated street vacation request — consistent with Council policy as adopted by Resolution No. 85-30. INFORMATION SUMMARY Mr. Art Lutz, of Arthur and Associates, has requested vacation of the five foot side yard easements within Amart Summer Lake III Subdivision. These public utility easements are not needed by the utility companies and were not required by the City of Tigard. It has become evident that the drafting engineer, hired by Mr. Lutz, thought the side yard easements would be necessary and inserted this as a plat restriction. This subdivision is scheduled for a PGE "Good Cents" show during the month of April. Thus, it would be impossible for the applicant to circulate a petition at this time. Staff has worked with the City Attorney's office regarding this issue. It is the recommendation of staff to request Council initiate the vacation process. Mr. Art Lutz is prepared to pay for the vacation as required by ordinance. The hearing date is scheduled for March 24, 1986. ALTERNATIVES CONSIDERED 1. Adopt resolution and call for public hearing on 3/24/86. 2. Take no action at this time. SUGGESTED ACTION Alternate ,#1 is recommended by staff. Motion to: Approve Resolution and call for public hearing on March 24, 1986. lw/3585A N Za+ UV -51 .*11b 611.1 _♦ 1 Y �,ttr+i r -o. '': /` VVh ��p o-rel�,vo w,+►`°t „si § • }j3 c,'6C (�� C __` �(L N•10±�.�i qt� • L��Q =O LCL W r r O 8r —c r, a dN t•1 . rj IX ` '`; d •` S �a t + ♦ SSi1Fx-211#4 vat o ♦ 8 t sa.1P.e 3.- t't Id ei '� �� t y i ax r 8 '••til»ea E"' a,� s y s!•_, 4 1 2 4 z 2 2 1 f i't t� �f i �a t�S � ` £ g 3� gp ttttLb:2d8t si! O V W�4 C a r • � s d 1= is IL tz8 �` r a o . •lxeik�ii3 i'3 Ld ., €i ell it 0.1 s� U. � �' a ''•�:.- ��~ r �� , +.. •• • s 3 y; � .�. n wa ku kt V � � • tiid��y` �N *.r 3441:"=�`'►=It=: �1 � • $ a3isL l: 2Zi•=:5 � ♦ ' �4� r� v • ,�1� 'S► ��� 3• � .s2 • rrrttisr�rr rr S�` M.s= O ''• �''� ��?/we ♦ � t �� s�� Y n��s i E S tit t �i♦� 'r'i�'� .ry S. �M Y e rE$S :r 3�� ie C I��2ak3E.g`.ttl:ire > �ti ��ir �i yx r • ti t�llt =a Cm it In 111 a NOTICE OF 5' UTILITY EASEMENTS IN AMART SUMMER LAKE PHASE !II VACATION the Tigard City Council will hold a public hearing on Monday, March 24, 1986, at 7:00 P.M. at Fowler Junior High School Lecture Room, 10865 SW Walnut Street, Tigard, Oregon to consider the proposed vacation of the 5 foot side yard utility easements within Amart Summer Lake Subdivision Phase III in the City of Tigard. The request was initiated by the City Council on February 17, 1986 at the request of City staff. Any interested person may appear and be heard for or against the proposed vacation of said lands. Any written objections or remonstrance shall be filed with the City Recorder by March 24, 1986 by 5:00 PM. TT Publish February 20, 27, March 6, 13, 20, 1986 t t Edd. 1 } C W O c C o °' LU U CD o D co ac aDODO ❑ w 3 �' m a cU a Cl o aCD 43 ww .nw .A .n www > w E wc bn O C i n Go GoV Z y U 7 .� LA0 CocuCN _ c O z v. 0 Ta `c p U v < EU O CL V O Z NV U O w w W Cj O u a c < Q a A eo -c-� wp+ O ? < v1 CL 0C a1 A O u d 7 .O oC pen io n Z : v1 O O N d �p y O < ,�� 4 C U '" " a O rii f- W � y a�.+ p0 (_y a �J cop �i! '� C o _ OC O o O E c,c O 0 01 ° U c cLA c a �' eSi, c Ewa _ ". 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V es S a a MEMORANDUM CITY OF TIGARD, OREGON T0: Bob Jean, City Administrator February 13, 1986 FROM. Randy Clarno, Engineering Services Managerf,� SUBJECT: FY 85--86 Streetlight Capital Improvement Program Engineering has been working with P.G.E. over the past several weeks to determine what areas in the City need streetlighting. In addition, P.G.E. will be determining the cost and time schedule to install these streetlights. We are anticipating a response soon so that this year's program can be determined and completed in a timely manner. It should be noted that with the information from P.G.E. a long range plan (3-5 years) could also be developed. RC:lw/3585A cc: William Monahan, Community Development Director i3 '^ MEMORANDUM CITY OF TIGARD. OREGON TO: William A. Monahan, Director, Community Development February 10, 1986 FROM: Randy Clarno, Engineering Services Managero SUBJECT: FY 85-86 Capital Improvement Program After receiving some preliminary findings from several engineering consultants and re-thinking our discussion with Bob Jean on February 6, 1986, I am proposing further changes in this year's program. They are as follows: 1. Eliminate both the Main Street and Commercial Street Overlay projects. I feel that it is extremely important that we first complete a study on Main Street before going ahead with any cormewittro-h-7 There are `tao-`many-"unknowns: - With respect to Commercial, I have been made aware of some unique problems that need further study before considering this project. Also, the upcoming Tri Met project will affect the scope of our project. 2. Eliminate the Cascade Area drainage project. Preliminary engineering findings show that larger diameter pipe will be needed for both this and the Canterbury project. This affects the cost significantly. I feel the Canterbury project is more important, T however, we might want to pursue an LID on the Cascade proj^ct. 3. Combine the North Dakota re-surfacing and re-construction projects for the purposes of saving on engineering services and construction cost. This would require re-assigning the project to MacKenzie Engineering (formally with KPFF). KPFF has not done any work on the project and we are not under contract. 4. As outlined in Item 1, proceed with the Main Street Study and combine it with the Main Street Bridge Study as the two are obviously related. Re-assign the Bridge study to KPFF (formally with MacKenzie Engineering) . This is a good trade off with Item 3 4 above. 5. Include the McDonald/Hall Signal in this year's program, as I have learned the project is moving quickly and payments will be required of us this year. I have taken the time to write this up now because even though it was not mentioned in our discussion with Bob on February 6, 1.986, I think he intends to go to Council on February 10, 1986 with that information. I STRONGLY RECOMMEND THAT THE CHANGES I AM PROPOSING BE INCORPORATED IN ANY SUCH COUNCIL . REPORT. I will be happy to explain them. I have attached a revised C.I.P. ist showing the changes I am proposing (includes also our discussion rh:+rotes on 2/6786). I should also note that an 800 scale reproducible map showing and -listing this year's C.I.P. .will be available by February 18, 1986. cc: Bob Jean cc: Jerry McNurlin cc: Duane Roberts R ;, FY 85-86 CAPITAL IMPROVEMENT PROGRAM STREETS CONSULT. ENGINEER PRELIMINARY_ESTIMATE A. Reconditioning/Overlay 1. S.W.. Fairview Court KPFF Engineering $ 5,000.00 (Fairview Ln to cul-de-sac) 2. S.W. Fairview Lane KPFF Engineering $ 10,000.00 (SW 115th to 11630 SW Fairview Lane) 3. SW 116th Place KPFF Engineering $ 5.000.00 (Fairview Lane to cul-de-sac) 4. SW 68th Parkway KPFF Engineering $ 20.000.00 (Hampton to 66th) SUB-TOTAL $ 40,000.00 B. Reconstruction/New Construction 1. SW No. Dakota St/SW 94th Court MacKenzie Engrg. $ 8b,000.00 (95th to 90th) Includes resurfacing 2. SW 104th Avenue Lee Engineering $ 30,000.00 (McDonald to 200' North) 3. SW Commercial Street Lee Engineering $105,000.00 (95th Ave, to 98th Ave.) Includes Right-of-way acquisition 4. SW Tiedeman realignment MacKenzie Engrg. $110,000.00 (Near Fowler Jr. High) Includes Right--of-way acquisition 5. SW No. Dakota St. Realignment DeHaas 6 Assoc. $ 85,000.00 (at SW 115th Avenue) Includes Right-of-way acquisition 6. SW 79th Ave Realignment Private Developer $ 30,000.00 (at SW Bonita Rd. ) . Includes Right-of-way acquisition SUB-TOTAL $440,000.00 Page l_- C. Studies 1. Main Street KPFF Engineering $ 20,000.00 (Includes Bridge) 2. SW Hunziker St. Realignment DeHaas 6 Assoc. $ 5.000.00 (at SW Hall Blvd.) SUB-TOTAL $ 25,000.00 D. Signalization Projects 1. SW Greenburg at Tiedeman R.A. Wright $35,000.00 O.S.H.D. 2. SW Scholls Ferry Rd. at O.S.H.D. (Ml10,000 00 SW North Dakota 3. SW Hall Blvd. at SW Burnham KPFF Engineering $Match00.00 O.S.H.D. 4. SW Hall Blvd at McDonald O.S.H.D. (t'f2tc000.00 SUB-TOTAL $105,000.00 E. Local Improvement Districts (These monies are advanced for feasibility and preliminary engineering studies). 1. SW Hall Blvd. KPFF Engineering $ 60,000.00 (Includes Construction) SUB-TOTAL $ 60,000.00 STREETS SUMMARY A. Reconditioning/Overlay $ 40,000.00 B. Reconstruction/New Construction 440,000.00 (Includes Right-of-Way Acquisition) $ C. Studies $ 25,000.00 0. Signalization Projects $105,000.00 E. Local Improvement Districts $ 60,000.00 tt $670,000.00- P Page 2 WASTEWATER A. Sanitary Sewer 1. Master Plan/Triangle Study Not Assigned $ 50.000.00 2. Pinebrook Repair Construction Only $ 20,000.00 3. SW 69th Ave. Mainline City $ 15,000.00 4. O.E.A. Access Paths Construction Only $ 5.000.00 5. Watkins Repair Construction Only $ 10,000.00 6. LID Advancements A. 100th/Inez R.A. Wright $ 51000.00 B. 74th/Cherry R. A. Wright $ 5,000.00 7. Miscellaneous Repair City $ 70,000.00 SUB-TOTAL - ' $180,000.00 B. Storm Drainage 1. Canterbury/Gaarde Drainage Syst. D.C.S. Engineering x .85,000.00 2. Gentle Woods Channel Reinforce. City $ 5,000.00 SUB-TOTAL $ 90,000.00 PARKS A. Cook Park 1. Drainage $ 13,000 2. Irrigation System $ 10,000 3. Boat Ramp $ 5,000 4. Paving and Curbing 60,000 $ 90.000 B. Woodard Park 1. Tables and Grills $ 2.500 C. Summercreek Trails $ 30,000 D. Hall/Burnham LID Match 30,000 SUB-TOTAL $150,500 FY 85-86 Summary Streets $ 670.000 WW Sanitary $ 180,000 WW Storm Drain $ 90,000 Parks $ 150.500 R TO'T'AL $1,090,500 ZI (RSCtbr/2351P) -`Page 3 - NOTE: Information will be hand-carried to the Council meeting Monday evening for discussion. lw/3585A - f NO t ,. z CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February _17, 1986 AGENDA ITEM #: DATE SUBMITTED: February 13, 1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Executive Staff "At Will" Ordinance PREPARED BY: City Attorney's Office REQUESTED BY: City Coujacil DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE City Council has directed Administrator to change policy in termination procedures for City officers and executive staff members from termination for cause only" to termination "without cause". INFORMATION SUMMARY At the Council workshop in January, direction was given to change the termination procedures for City officers and executive staff members. The attached ordinance was drafted by the City Attorney's office pursuant to direction from the City Administrator. In order to fill current vacancies, the ordinance should be adopted as soon as possible. City Attorney's office is recommending an emergency clause in this instance. ALTERNATIVES CONSIDERED 1. Adopt ordinance. 2. Adopt amended ordinance. 3. Take no action at this time. SUGGESTED ACTION z' Adopt ordinance. lw/3691A NOTE: Information Will be hand-carried to the Council meeting Monday evening for discussion. lw/3585A . S MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and City Council February 12, 1986 FROM: Bob Jean, City Administrator 1 SUBJECT: Council Calendar Update 2/17 Mon. Regular Meeting, Study Agenda AT CITY HALL 2/21 Fri. Dinner at Charlie's, Tualatin, 6 pm with assessors 2/22 Sat. Police Chief Assessment Center (8am-6pm; with councilors 2-4 or 1-6 if you want. Jerry Edwards from 9:15 am in big room) . 2/22 Sat. Dinner with 3 Chief finalists, 7:30 pm at Floyd's. 2/23 Sun. City Administrator Formal Interviews with Police Chief Finalists. 2/24 Mon. Regular Meeting, Business Agenda 3/3 Mon. Executive Session, City Administrator Annual Performance Review 3/5 Wed. Budget Committee (Overview) 3/10 Mon. Regular Meeting, Business Agenda 3/12 Wed. Budget Committee (Departmental Reviews) 3/17 Mon. Regular Meeting, Study Agenda 3/19 Wed. Budget Committee (Wrap-up and Recommendation?) 3/20 Thu. Special Joint Meeting with Tigard School Board at District Offices. 3/24 Mon. Regular Meeting, Business Agenda 3/26 Wed. Budget Committee (If needed)? 4/14 Mon. Regular Meeting - Business Agenda 4/21 Mon. Regular Meeting - Study Agenda 4/25 Fri.- Council Training Workshop? 4/27 Sun. 4/28 Mon. Regular Meeting - Business Agenda 5/5 Mon. Regular Meeting - Business Agenda 5/12 Mon. Regular Meeting - Study Agenda 5/12 - 5/17 Civic Center Dedication Week 5/19 Mon. Regular Meeting - Business Agenda 5/26 Mon. Memorial Day 6/9 Mon. Regular Meeting - Business Agenda 6/16 Mon. Regular Meeting - Study Agenda 6/23 Mon. Regular Meeting - Business Agenda (BJ:dc/1119p) TIGARD AREA CHAMBER OF COMMERCE 12995 SW PACIFIC HWY.,TIGARD,OR 97223 (503)639-1656 YOM ZC'JIIN HALL Meeting: Mayor John Cook School Superintendent: Russ Joki City Councilors: Tom Brian and Gerry Edwards City Administrator: Bob Jean Q mounity Development Coordinator: Bill Monahan Elementary Schools: Charles F. Tigard Mary Woodyard Phil Lewis Templeton St. Anthony's Grades: 39 4, 5, and 6. One representative per class per grade Date: Friday, March 14, 1986 (Meeting of adult organizers March 7 7:30 a.m. School District Conference Roam) Time: 1:00 - 3:30 p.m. Location: Charles F. Tigard Cafeteria Format: Moderator: John Wakefield Chamber Education Council Chair Introduction of Mayor Cook, Superintendent Russ Jokit et al. Presentation: Mayor Cook (5-7 minutes). Explanation of mayor and council-manager system of government. Break into groups: r No. 1 - John Cook - Park & Recreation No. 2 - Gerry Edwards - Police Services No. 3 - Tam Brian - Budget, money and funding No. 4 - Bob Jean - specific services (roads, bikepaths, sewer, water) No. 5 Bill Monahan. - planning of a city. Field trip to Unified Sewerage Treatment Center (Durham Road) $ * Croups meet 15-20 minutes then move to next group. Each participant shall select three totisi�at� child's nam® and group selection sba. jbe pho��d in tb 1:hie a�r `... office by Wednesday, March 12 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 17, 1986 AGENDA ITEM #: d- DATE SUBMITTED: February 12, 1986 PREVIOUS ACTION: N/A ISSUE/AGENDA TITLE: Approval of OLCC Applications PREPARED BY: Loreen Wilson REQUESTED BY: Various AoPlicants DEPARTMENT HEAD OK: - CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY The following businesses have submitted renewal applications for Council approval- 0 pproval:0 American Legion Post #158, 11578 SW Pacific Hwy. , DBA App. 0 Howard's On Scholls, 12280 SW Scholls Ferry, PS Application 0 7-Eleven Food Store, 12135 SW Scholls Ferry, PS Application 0 7-Eleven Food Store, 12045 SW Hall Blvd. , PS Application 0 7-Eleven Food Store, 13234 SW Pacific Hwy. , PS Application 0 7-Eleven Food Store, 10650 SW McDonald, PS Application 0 7-Eleven Food Store, 10765 SW Greenburg Rd. , PS Application o Buckets of Fun, 11945 SW Pacific Hwy. , Suite 240, PS App. 0 Tigard Beer 6 Wine, 12490 SW Main Street, PS Application o Stein 6 Burger, 11688 SW Pacific Hwy. , RMB Application The Police Department has conducted records and background checks and the Acting Chief of Police recommends approval of all applications. ALTERNATIVES CONSIDERED 1. Approve all applications. 2. Approve some applications. 3. Deny application requests. SUGGESTED ACTION Approve all applications. lw/3585A y 1. r MOFwAnw WASHHINQ(ON COUNTY.OREGON POLICE DEPARTMENT � �NTER IaEPARTMEI�T M�:MORANI?IJM TO: T.Apppn Wi l enn DATE: 2-12-AA FROM: Det. Lt. L. Branstetter SUBJECT: Liquor License renewals The following listed business have been checked for violations during 1985 and are clear to be renewed. :x American Legion Post #158 Buckets of Fun } Howard's on Scholls Tigard Beer & Wine 7-11 S.W. Schools Perry Rd. 7-11 12045 S.W. Hall r 7-11 13225 S.N. Pacific Hwy 7-I1 10650 S.W. McDonald 7-11 10765 S.W. Greenburg Rd. Stien & Burger { ? Z� - �... 9020 S.W.BURNHAM.• P.O.BOX 23387•TIGARD,OREGON 97223 • PH:63"168 hx h �5 kyv MEMORANDUM CITY OF TIGARD, OREGON TO: Lonnie Branste(t�ter, Februark 7, 1986 FROM: Loreen Wilson �J SUBJECT: OLCC Renewal Applications Please Please process the background checks on the following businesses and make recommendation for Council approval on 2/17/86. Your report should be returned to me by FEBRUARY 12, 1986. RENEWAL APPLICATIONS: American Legion Post #158 Buckets of Fun 11578 SW Pacific Hwy. 11945 SW Pacific Hwy., Suite 240 DBA Application PS Application Howard's On Schollsr Tigard Beer A Wine 12280 SW Scholls Ferry Road 12490 SW Main Street PS Application PS Application 7-Eleven Food Store 7-Eleven Food Store f fx 12135 SW Scholls Ferry Road 12045 SW Hall Blvd. PS Application PS Application 40 7-Eleven Food Store `Q 7-Eleven Food Store 13235 SW Pacific Hwy. � 10650 SW McDonald PS Application PS Application 7-Eleven Food Store Stein 6 Burger " 4X 10765 SW Greenburg Road 11688 SW Pacific Hwy. �l PS Application RMB Application CHANGE OF OWNERSHIP & CHANGE OF PRIVILEGE APPLICATION: Funnellis Pizza 14385 SW Pacific Highway RApplication (See attached copies of application form for further information) iv/3585A s . 1 MEMORANDUM CITY OF TIGARD, OREGON TO: Lonnie Branstetter February 7, 1986 FROM: Loreen Wilson SUBJECT: OLCC Renewal Applications Please process the background checks on the following businesses and make recommendation for Council approval on 2/17/86. Your report should be returned to me by FEBRUARY 12, 1986. RENEWAL APPLICATIONS: American Legion Post #158 Buckets of Fun 11578 SW Pacific Hwy. 11945 SW Pacific Hwy. , Suite 240 DBA Application PS Application Howard's On Scholls Tigard Beer & Wine 12280 SW Scholls Ferry Road 12490 SW Main Street PS Application PS Application te6�i'.-'T(..l�i�;�i.e: `'°_:..qY:,row•+Yia'4R7 �+ivt�'�'��y:�'a!�''ry.{y�,."`t' :,.-..�..}b.;..:.... ..' ,...'a,N �..:i•,;v �:e� ; 7-Eleven Food Store 7-Eleven Food Store _ 12135 SW Scholls Ferry Road 12045 5W Hall Blvd. PS Application PS Application 7-Eleven Food Store 7-Eleven Food Store 13235 SW Pacific Hwy. 10650 SW McDonald PS Application PS Application 7-Eleven Food Store Stein & Burger 10765 SK Greenburg Road 11688 SIV Pacific Hwy. PS Application RMB Application CHANGE OF OWNERSHIP & CHANGE OF PRIVILEGE APPLICATION: Funnellis Pizza 14385 SW Pacific Highway R Application (See attached copies of application form for further information) lw/3585A CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY , AGENDA OF: February 17, 1986 AGENDA ITEM is DATE SUBMITTED: February 13, 1986 PREVIOUS ACTION: Council requested an amended decision to modify conditions ISSUE/AGENDA TITLE: Notice of Decision regarding the access driveway on 2/10/86 Amended SDR 1-86 Westlake Consultants PREPARED BY: Community Development /j REQUESTED BY: DEPARTMENT HEAD OK: d/ ,CITY ADMINISTRATOR: aaaaaasa:aaaaaaasaaaaazaaaass asa:assa.sasasaasaaasama aaasas ----sasasssaaasaaa POLICY ISSUE aasaaaaasaaaasaaaaaasamaaaaaaaaaaas:aaasaassasaaasaazssaaasaa:aasaassa�aassaa:a INFORMATION SUMMARY Attached is• the Notice of Amended Decision for SDR 1-86 by Westlake Consultants for a Site Development Review on property zoned C-G for the purpose of constructing an automotive librication facility (Minit-Lube) on a portion of the site located at 13935 SW Pacific Highway. aasmaaasamsaasaaaawasssaamasaamassn::aaaaazaaasa:aaaam:asaasasasassamasasaasmaa ALTERNATIVES CONSIDERED 1. Receive and File. 2. Motion to remove from consent agenda and call up for Council review at a later meeting. zmass•aaaaaz�a��:aaaasssaaazsamasaaaaassass::asamssassaaaasa:msasaaaasaasssazaas SUGGESTED ACTION Receive and file. CITY OF TIGARD NOTICE OF AMENDED DECISION SDR 1-86 APPLICATION: A request by Westlake Consultants (Aldo Rossi) for a Site Development Review on property zoned C-G for the purpose of constructing an automotive lubrication facility (Minit-Lube) on a portion of the site. Located 13935 SW Pacific Highway (WCTM 2S1 3DD Lot 1000). DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED SDR 1-86 subject to certain amended conditions. The findings a6d conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background a On February 3, 1986, the Planning Director approved a Site Development Review for construction of an automotive lubrication facility. On February 10, 1986, at the City Council meeting the r Council requested an amended decision be issued to modify conditions to address the access driveway grades. In 1977. Richard A. Cooper requested a Conditional Use Permit to locate a used car lot in a C-3 (1977 General Commercial) zone but "Retail Commercial" in the NPO N3 plan. His request was approved and later in April 1978 extended until May, 1978 subject to the fulfillment of conditions. In July, 1977 Mr. Cooper requested a Site Development Review for the used car lot. SDR 19-77 was approved but conditions were not met. In September the applicant was cited for a zoning violation and violations of state law which was related to closure of a southern access point. A request for a minor land partition in January, 1986 was approved subject to certain conditions. The decision was made final on January_27, 1986. 2. Vicinity Information The properties to the west are zoned R-7 (Residential, 7 units/acre) and are developed with single family residences. Properties to the north, wouth and east are zoned C-G (General-Commercial). 3. Site Information and Proposal Description The subject property is utilized as a used car lot with a mobile office near the center. One driveway entrance is situated near the northeast corner of the parcel. The applicant proposes to construct a Minit-Lube facility on one of 3 newly created tax lots. NOTICE OF AMENDED DECISION - SDR 1-86 - PAGE 1 - . • 4. Agency and NPO Comments The Tualatin Rural Fire Protection District had the following comment: The site plans are found acceptable as shown and are in accordance with Uniform Fire Code Article 10. A disclaimer was provided to indicate that their approval is not an approval of omissions or oversights by the Fire District. The State Highway Division had the following comments: An access permit will be required by the Oregon Department of Transportation. The proposed single access to the three parcels is appropriate but the driveway width shown could be 40 feet. The skew of the driveway as it intersects Pacific Highway will restrict automobiles making a left turn. An on-site modification of the driveway has been suggested to improve the angle with the street. The Engineering Services Division had the following comments: a. A State Highway Division street opening permit should be secured by the applicant prior to commencing of any work within the Pacific Highway right-of--way. b. An easement should be provided to the City by the applicant for the mainline sewer facilities, the easement documents shall be on City forms and approved by the, Engineering Division. No comments were received from NPO #3. B. ANALYSIS AND CONCLUSION The proposed site plan for the Minit-Lube facility is consistent with Community Development Code requirements for additional setback requirements, visual clearance area, landscaping and screening, and access and egress. As of January 29, 1986, MLP 19-85 has not been recorded as required by its conditions of approval with the Washington County Department of Assessment and Taxation. C. DECISION The Planning Director approves SDR 1-86 subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO ISSUANCE OF BUILDING PERMITS. NOTICE OF AMENDED DECISION SDR 1-86 - PAGE 2 2. Seven (7) set 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 and storm sewer plan-profile details shall be provided as part of the public improvement plans. 4. Joint use and maintenance agreements shall be executed and recorded on City standard forms for the common driveways which will serve the three lots approved in MLP 19-85. Said agreements shall be referenced on and become part of all applicable parcel Deeds. Said agreement shall be approved by the Engineering Section. JOINT USE AND MAINTENANCE AGREEMENT FORMS ARE ENCLOSED. 5. An access permit must be obtained from the Oregon Department of Transportation. 6. A State Highway Division street opening permit shall be secured by the applicant prior to the onset of any work within the Pacific Highway right-of-way. The location and design of the driveway to ensure adequate grade shall be approved by the State Highway Division. 7.� An easement shall be provided to the City by the applicant for the mainline sewer facilities, the easement documents shall be on City forms and approved by the Engineering Division. 8. Applicant must successfully record the new lots associated with MLP 19-85 with the Washington County Department of Assessment and Taxation prior to issuance of building permits. 9. 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: _ XXX The applicant & owners XXX Owners of record within the required distance XXX The affected Neighborhood Planning Organization XXX Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON February 24, 1986 UNLESS AN APPEAL IS FILED. SDR 1-66 NOTICE OF AMENDED DECISION - - PAGE 3 �M 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. 2-24-86 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. APARED Y: Debora A. Stuart, Assistant Planner ATE vdoor ,Fit r�7 04 Willi A. na an, i e t o PLann-11-49 6 e elopment DATEIAPPRO ED (DAS:bs89) NOTICE OF AMENDED DECISION - SDR 1-86 - PAGE 4 RFCE�VED Y11I9&C MYOF TIGARD CITIZEN COMMITTEE INTEREST APPLICATION CITY Of T/(ARU NAME: CAI)AY, Juanita C. DATE: Jan. 27, 1986 ADDRESS (RES.): 2480 SW Gregory Dr. West IAM, Oregon - RES. PHONE: 638-6471 ADDRESS (BUS.): 11999 SW Pacific HWy Tigard, Oregon BUS. PHONE: 620-2152 LENGTH OF RESIDENCE IN TIGARD: work: 2.5 yrs SUGGESTED BY: John Savory -- WHERE DID YOU LIVE PREVIOUSLY? Lake OsWe O EDUCATIONAL BACKGROUND: PSU BS Business, Currently in Post graduate program, at University of Wash on (finance). OCCUPATIONAL STATUS ANo BACKGROUND: Commercial Bankin. Market Manager Oregon Bank HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? 10 years, is THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? n/a PREVIOUS COMMUNITY ACTIVITY: Ted thaQier, Public Affairs. ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS): t 4BOARDS; COMMITTEES OR NPO INTERESTED IN: FCOnC Development Committee. ----------- -------- ---------------------------------------------------------------------at City Hall Date Received Date Interviewed Board, Committee, or NPO Vit`^ Date Appointed + Inside City Outside City (0346p) CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY C r--" AGENDA OF: February 17, 1986 AGENDA ITEM DATE SUBMITTED: February 13, 1986 PREVIOUS ACTION: Approved WCCLS ISSUE/AGENDA TITLE: WCCLS Service Contract On 2/10/86 Automation Contract PREPARED BY: Loreen Wilson REQUESTED BY: Irene Ertell DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY The agreement for Automation services with WCCLS has been reviewed and it is appropriate for the City of Tigard to sign. This agreement runs from January 1, 1986 through June 30, 1987. ALTERNATIVES CONSIDERED 1. Approve contract 2. Withhold action at this time SUGGESTED ACTION Approve contract and authorize the City Administrator to sign the agreement with WCCLS on behalf of the City of Tigard. s lw/3585A 4 WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES INTEGRATED AUTOMATED LIBRARY SYSTEM AGREEMENT This agreement is made by and between Washington County, a home rule subdivision of the State of Oregon, on behalf of Washingtr.1 County Cooperative Library Services, hereinafter referred to as "WCCLS" and the cities of Beaverton, Cornelius, Forest Grove, Hillsboro, Sherwood, Tigard and Tualatin, Banks School District #13, Cedar Mill Community Library Association and Town Center Public Library, Inc., hereinafter referred to as "Cooperative Users". WHEREAS, the parties hereto are presently participating in the WCCLS Library Serial Levy and/or are currently participants in the WCCLS Network; WHEREAS, it is 'the intention that,: successor agreements are expected to allocate operating costs to future WCCLS levies; WHEREAS, the parties hereto are either units of local government s empowered by ORS 190.010 to enter into an intergovernmental agreement; or are private non-profit agencies operating public libraries, and WHEREAS, WCCLS has selected DYNIX, INC, as vendor for an automated integrated library system and is desirous of making this systeut ;available for use by libraries in Washington County; r of the mutual covenants contained NOW, THEREFORE, in consideration s follows: herein, the parties hereto agree a �J. 2 A. Definitions. The following definitions shall be used in constructing the following phrases, terms and abbreviations in this agreement: 1. WCCLS -- Washington County Cooperative Library Services -- Administrative agency for countywide library services in Washington County. 2. WCCLS automated integrated library system -- online circulation, public access catalog, acquisitions and cataloging software, hardware and associated peripherals, hereinafter called "System." 3. DXNIX, INC. Vendor of automated library system located in Provo, Utah. 4. WCCLS Network - Organization of libraries in Washington County which is a multitype library cooperative. 5. ILL - Interlibrary Loan - the borrowing and lending of library materials between libraries. 6. Cooperative User's Committee - a committee of the WCCLS Network which will advise WCCLS on the operation of the automated library system. The Committee will be composed of one representative from each library agency. 7. WLN - Western Library Network - Online bibliographic utility for cataloging information. 8. UTLAS - Bibliographic utility for retrospective conversion of WCCLS Union Catalog. 9. BIBLIOFILE Bibliographic utility on compact disk for cataloging information. �;A0. Non-fee Access Reimbursement Agreement — Contains the formula under which WCCLS makes payments to public libraries annually. 3 11. MARC - Machine Readable Cataloging. B Terms of Agreement January Ja1, 1986 to June This agreement shall be in effect for the period 30, 1987, except as otherwise provided in "D. Ownership and Management of WCCLS Automated System" below. C Liquidated Damages ro riation t as a Cooperout under the non-app P 1. Except Cooperative User may opt reco nize that ' herein: Cooperative Users g clause under Section Q WCCLS in acquiring the substantial capital investment has been made by acquisitions necessary system hardware, software, and peripherals and these Cooperative User to participate effectively as an were necessary for each Coop recognize these integral part of WCCIS System. Cooperative Users further that all Cooperative sers acquisitions have been made in the conintegrated automated remain acq remain p4rticipating and integral units of WCCLS reement and that failure to library system for the entire term of this ag Cooperative amount in Exhibit A of this agreement by P pay the appropriatehardship. In Users will cause WCCLS to incur substantial monetary which will be incurred upon such breach of contemplation of the hardship the parties hereto I this agreement by Cooperative Users, it is agreed by . would be paid by fi that on such breach Char es for Coo erative Users whit ander this a onsideration for the Cooperative User as cservices of WC 1987, will become X. agreement for the time period to and including June 30, and payable by Cooperative User to WCCLS as liquidated C immediately due Pa enalt Such amount is arrived at as the result of a damages and not as a P y• 4 reasoned endeavor to ascertain what the damages for breach will be and a reasonable estimate of damage caused by Cooperative User's breach of this agreement. Such amount of liquidated damages shall be deducted from the amount of allocation WCCLS gives to Cooperative User under the Nonfee Access Reimbursement Agreement. 2. Cooperative User's collection database, borrower and circulation records shall be considered the property of that User. On the dissolution for whatever reason, of this contract between WCCLS and the User, these files shall be provided to the Cooperative User by WCCLS in machine-readable form. D Ownership and Management of WCCLS Automated System G It is understood that WCCLS shall have full ownership to all System hardware. software, and peripherals subject to the terms of WCCLS contract agreements with the vendor and shall make the services of such a system available .to the Cooperative User according to EXHIBIT B, Computer Hardware and Software of this agreement. All central site System upgrades will remain the property of WCCLS. Any additional off-site purchases by Users will remain in the Users ownership. The Washington County Board of Commissioners, as governing body of WCCLS, retains final authority for decision-making related to the WCCLS System and its operation. If funding } for countywide library services for fiscal year 1987-88 is not assured prior to June 30, 1987, the hardware and software which are part of the J WCCLS Automation System shall be offered to Cooperative Users without cost. F If funding .of countywide library services should subsequently resume, Cooperative Users shall offer to return ownership of hardward and software 5 to WCCLS, or a successor agency without cost. In either situation costs of moving equipment, and system operation and management would be negotiable. R Service Availability .The System will be available for use by Cooperative Users for circulation m., Monday-Thursday, 8:00 am - bpm and other transactions 8:00 a.m.-9:00 P•WCCLS. tits contracts for hardware and through Friday and Saturday. rovide for minimal software maintenance, shall maintain the equipment to P communications lines. No liability shall be assumed by downtime excluding WCCLS, however, if the System experiences downtime. On occasion, it may be of operational necessary to temporarily suspend system availability because or maintenance requirements. WCCLS wCooperative Users with ill provide prior notice of System unavailability except for unavoidable downtime with System failure and if it will affect library operations an business hours. Every effort will be made tomschedule maintenance when libraries unreasonable are not open. Such suspension shall not be deemed an se by Cooperative Users. prevention or postponement of System u F. Standards for Biblio ra hic Records controlled database in onsible for the quality, authority WCCLS will be resp WCCLS centralizing cataloging. MARC format for use by Cooperative Users by - WLN and Bibliofile - ra bibliog p hic services initially will utilize two far MARC records. '•-las authority files and other bibliographic services intain the most appropriate will W., monitored and evaluated in order to ma ( quality bibliographic database. and hillhest full resp item responsibility for linking u Cooperative Users shall have 6 information (bar code number, Library location, volume number, call number, copy number, type of material, etc.) for their holdings to title information- contained in the bibliographic database. G. Cooperative Users Committee A standing committee of the WCCLS Network shall be created for the purpose of advising WCCLS on matters relating to the operation of the shared System including standardization and changes in operating procedures, equipment needs and system upgrades, system maintenance, service enhancements, annual fees, security, bibliographic control, training, management reports. Each Cooperative User shall designate a representative and an alternate who shall have one vote to sit on the committee. The committee shall meet at least monthly. H. Installation and Training Cooperative Users shall be responsible for site preparation for all on site equipment, including furniture and AC wiring. The initial training provided by Dynix will train one staff person in each library for the functions of catalog maintenance, patron registration, Patron Access Catalog, and Circulation. WCCLS will coordinate training of current staff to insure a common level of knowledge about the use and operation of the system. Responsibility for training for subsequent staff belongs to Cooperative Users. WCCLS will maintain User's manuals. Each Cooperative User will designate a staff member with whom the WCCLS Project Manager deals in installation, conversion and training matters. I. Admission of Other Library Cooperative Users_ WCCLS shall have the option of admitting other library Cooperative Users to the WCCLS System, provided that any necessary system modification shall be undertaken to insure the response times specified in the contract between WCCLS and the vendor are maintained. Any new Users so admitted shall pay the full costs for any modification to the central system which may be required, pay a system integration fee and be responsible for purchasing terminals and communication equipment necessary for connection to the central system, conversion and Cooperative Users fees. Present Cooperative Users will unanimously approve admission of new users and terms and conditions under which they will be admitted. =T J. Duties and Responsibilities of WCCLS r Pursuant to the Agreement with Dynix, Inc. and with the advice of the c Cooperative User's Committee WCCLS shall: 1. Manage the WCCLS System pursuant to the terms and conditions of this Agreement and all agreements concerning system operation. 2. Regularly review the operations of the System and evaluate its performance, developing plans for modifications, upgrades and new services. 3. Purchase and maintain all central system equipment and house such equipment in a suitable environment. Purchase and maintain all remote a Cooperative User equipment P 4. Deal with all service vendors relating to the System. C9 5. Report monthly to the Cooperative Users Committee on the status and performance of the System and expenditures pertaining to the system. r .` 8 6. Maintain all central System hardware, software, terminals, peripherals and communications equipment in good operating condition. 7. Enforce rules and regulations adopted by the Cooperative Users Committee necessary to coordinate orderly use of the System by Cooperative Users. 8. Coordinate future purchases of remote Cooperative User equipment, including terminals, modems, and communications and other devices as may be necessary. 9. Purchase supplies, utilities, forms, reserve notices, paper., tapes, cards, postage, except for screen printer paper and ribbons, which may be required to provide the services of the System for the Users. (� 10. Maintain sound relationships with other libraries, networks, utilities or business concerns, where necessary, to provide specified System services. 11. Employ all personnel needed to maintain and operate the central site utility. K. Duties and Responsibilities of Cooperative Users 1. Participate in the use and operations of the System under the terms and r conditions of this contract and the rules and regulations which may be adopted by WCCIS and Cooperative Users Committee. 2. Regularly review the operations of the System and advise WCCLS in writing when modifications or improvements appear necessary. 3. Share proportionally in annual System costs, not to exceed those specified in Exhibit A, Charges for Cooperative Users, based on maintenance contracts, system personnel, insurance, utilities, postage, 9 notices, and communications costs. Screen printer paper and ribbons will be responsibility of Cooperative Users. Cost allocation will be based on the number of terminals, annual circulation, number of patrons, number of items, number of titles, number of inquiries, number of acquisitions, for an annual cost share. 4. The System, as installed, will provide sufficient capacity for the terminals and required communications equipment by Cooperative Users. However, the addition of terminals and communications equipment over and above the numbers specified in APPENDIX A, Equipment Schedule, must be authorized in writing by WCCLS at least ninety (90) days prior to the anticipated date of installation of said equipment. Purchase and installation of said additional equipment shall be paid by Cooperative User. 5. Pay Cooperative Users fees - 2/3rds in December, 1986, and 1/3 in April, 1987. Cooperative Users will have the option of having their fees deducted from their portion of the non fee access reimbursement. Cooperative Users fees will be evaluated by all parties in January, 1987 for possible reductions and adjustments in terms of resources available in WCCLS funds and recommendations will be made to appropriate governing bodies. 6. Input and delete all data into the System according to the rules and regulations of the Cooperative Users Committee. 8. Regularly participate in the meetings and deliberations of the Cooperative Users Committee. + 9. Keep records and statistics which may be required by WCCLS to document the maintenance and performance of the System. 10 10. Lend library materials subject to ILL procedures and policies developed by WCCLS Network. 11. Take reasonable measures necessary for protecting equipment in Users Library from abuse, theft or misuse. L. Corrective and Remedial Measures Whenever any party believes that another has committed a remediable breach of any material obligation set forth in this Agreement, it may give the other notice to that effect with reasonable specificity. If notice is given, the other party shall use its best efforts promptly to remedy the breach and shall inform the party giving written notice of the nature of may_' the remedial actions planned and taken or will respond to any such notice, with an explanation that sets forth reasonable cause of the breach. When a breach does exist that will not be remedied within thirty (30) days after the other party received written notice of it, the party giving the notice shall be entitled to seek appropriate relief under this Agreement including any applicable liquidated damages, or otherwise under the law, which includes, without limitation, termination of the terms of the Agreement for the cause and without liability for that termination. WCCLS reserves the right to "lock out," until such time as the issue is resolved, specific operators or terminals when substantial system damage is occurring, or the security and/or confidentiality of the database is breached. M. Liability WCCLS shallnot be held responsible for any incidental or consequential Y om the Cooperative User's use or damages of whatever nature .resulting fr I1 operation of said remote site equipment or acts of God, war, civil strife, fire, water damage, smoke damage, power fluctuations, or air pollution. Cooperative User agrees to defend, hold harmless and indemnify WCCLS and every other Cooperative User and their agents, employees or representatives for all claims and demands of every kind and nature arising from any loss, damage and injury that may be sustained due to the negligent or intentional acts of Cooperative User's agents, employees, or representatives as participants in WCCLS System. Cooperative Users shall not be held responsible for any incidental or consequential damages of whatever nature resulting solely from action of WCCLS. N. Confidentiality of Data The patron and circulation records involved in the System shall be deemed to be exempt from public disclosure pursuant to ORS 192.500(2) (b) and ORS 192.500 (2) (c). The parties hereto recognize that information contained in this . record is submitted to WCCIS and the C000perative User in confidence; is not otherwise required by law to be submitted; that such information should be considered confidential; and that the public interest would suffer by any disclosure of such records. The parties hereto recognize that in receiving such information they have obliged themselves t not to disclose any such information. Designated employees shall, of course, have access to such records in the course of operating the system. However, employees of both parties shall be instructed that all such ,U records are exempt from public disclosure and that disclosure of said records is, prohibited except as required pursuant to ORS 192.460. Employees shall be instructed that if requests for disclosure are received x 3� ;- 12 either in writing or orally, WCCLS Coordinator and/or legal counsel for WCCIS shall be contacted IMNEDIATELY. 0. Maintenance 1. HARDWARE WCCLS will contract for hardware maintenance service on behalf of the Cooperative User for all remote site equipment including terminals, modems, printers and necessary telecommunications and other equipment as well as central site equipment. In consideration of the payments made by the Cooperative Users in Exhibit A, Charges for Cooperative Users, WCCIS will maintain a monthly maintenance contract on all central site hardware. 2. SOFTWARE WCCLS, in consideration of payments by Cooperative Users in Exhibit A, Charges for Cooperative Users, shall maintain a software maintenance contract at all times. 3. COMMUNICATIONS NETWORKS The Cooperative Users recognize that WCCIS does not control, therefore cannot warrent, the communication networks used to communicate data from a remote site to the central computer. 4. INTERRUPTIONS OF SERVICE OR LOSS OF DATA WCCLS will regularly duplicate, at least weekly, all data maintained in the System database and store such duplicate tapes or disk packs in a location physically apart from the site of the central System. ~� Furthermore, WCCLS will maintain a daily tape log in the event that a k disk malfunction occurs, so that the day's circulation transactions can 13 be reconstructed. There is the chance, however remote, that some or all of the data may be lost or destroyed. WCCLS does not warrant that such a data loss will not occur and the Cooperative User agrees to hold WCCLS and its employees and agents harmless for such a loss not the result of willful, negligent, intentional, or malicious effort. P. Insurance Each - Cooperative User will be expected to maintain insurance or to self-insure if they wish, in the amount of replacement value, all system equipment housed . within the confines of their facilities. WCCLS . will =� maintain replacement value insurance on all central site equipment. l~ 4. Ikon=AoDropriation Clause Cooperative Users may opt out of this 'Agreement by July 1, 1986 on the basis of non-appropriation of revenues due to failure to obtain funding by the voters without incurring any liability under the liquidated damages provision, Section C. hereinabove. Within (30) days of receipt of notice from County, all remaining Cooperative Users agree to meet at such reasonable time and place established in the notice in order to amend this agreement due to any Cooperative User opting under this section. K 14 R. Signatories WCCLS and Cooperative User hereby execute this agreement below after being duly authorized: FOR: FOR WASHINGTON COUNTY: Name Name Title Title Date Date x EXHIBIT A CHARGES FOR COOPERATIVE USERS Cost Allocation Formula, draft, 12/18/85 For Fiscal Year 1986-7 No high schools, System Upgrade Fund begins FY 87-8 and receives a return of 8.0% per year Shared Operating Cost $2224,700 System Upgrade Fund $O Total annual cost to be allocated $224,700 TOTAL ANNUAL composite COST percentage SHARE ` mm���s�sa��::aamaar�xc� Aloha PBM/Outreach 6 $13,786 Pacific University O $357 Hanks 1 $2,585 Beaverton 28 $61,849 Cedar Mill 1O $22, 103 Cornelius 2 $5, 155 Forest Grove 20 322,228 Hillsboro 16 $36, 306 Sherwood 2 $5,245 k ':t Ti Bard 9 $20,372 Town Center 6 $14,314 " Tua1atin 6 312,908 West Slope 3 $7,493 i High schools O $0 Total 100 $224,700 `F` s :.a;`, _ :�:.. �...:: ...a � .,-r,., .�,..; .�.z {�r � .zCa.�';:�;asrxa,.r.��rh�van� •'.�vv..-u"' ., ..a: EXHIBIT B Computer Hardware and Software ®ty Madel Description 1 Ultimate 6800 system (32 bit processor) includes: 1 PICK Operating System 2 1MB Memory 3 515 MB disk drives - 8 16-part boards (128 Ports) 1 6250/1600 BPI tape drive 3 power filters 1 battery backup 1 system printer 93 Wyse 50 CRT terminals 40 lightpens 20 screen printers 6 IBM AT microcomputers 1 Dynix cataloging software I Dynix- circulation software 1 Dynix public access software 1 Dynix acquisitions software 12 Dynix branch sign on 1 Dynix custom label creation 1 Dynix conversion 1 Dynix WLN & BiblioFile interfaces 130,000 Patron Barcodes 165, 000 Item Barcodes 350,000 Custom Barcodes • 40 1/2" Magnetic Tapes Training (15 days) Shipping Installation 1/10/86 -o a H Ln G a c:) 'd L�C rl �t M N .-� N f'') er .•y ri N p•1 r•1 N'- C E N4 J z G cAJ ¢Lu w y d ' u der- •-- .r.,p us et 61 ct to ,-r -All M (n .q IML N V S �F�- � � Ct •.� y C T CL-vI.— Ln T fa r 1 i eC 4J .0 4- t� eQ d C i Syto. N CL M N GL M; N tQ r+ CL •-y a rH rl W V C C V 1-- .ti d � V Q� +.+=CM ep Q Cl y.0 N A +. L 0. L- LV- d.Lad cu Ill'a ' Qa NH = d y y GJ cr to W G w P 1$� Q e-r Q N N 6Z N 6Z N 6i ml cn 22 !a=>E y P- .- a- • uj G O ►r �- w to .0.0Of 4J 16.O 4) .O C W }a G 10 T 44 CUti L N N d # 44 Q C.�V t CD f c U > i T O d f97 G C TCD 41C C 4' ter• O O d �- r- V Q1 L r 4.f .G p 'C U a..) N T V! i*.► w w a) L ea y y i to 4- -j f "' Z > rtt C 41 r i0 C r T Q N O C, a3 i L r N cf $ m w U 1 p Co m t) U Li S N Y y= t e' CITY OF THFAW �Y EDUCATION/TRAINING REQUEST This form is to be used for conferences, seminars, college classes and other forms of either training or education. Documentation is required, a copy is to be attached to this form. Attachments for mailing may also be attached. A follow up report is required. A copy will be placed in your personnel file. DATE OF REQUEST: Requested by: Lore_en R_LU-jsan I Vendor No. : PAYABLE TO: Employee request attend /b� 7Th *r�eiT [ j Employer required attend _ 5sel For check run of [>0 Hail check ( j Notify dept. when ready Vendor No. : Vendor No. : PAYABLE TO: PAYABLE TO: ssssaasssssasassasasasasssssassssassssasssssssswasrasaaawsasaamaasawsawssswsssz irle of Program: G Institution or organization Registration Deadline 3—/-$e, Training Dates From: To: q-4-54, Describe the purpose: Seminar is offered for City Recorders to bring us up-to-date on new legislation and conduct training in Recorder issues. Is useful to attend to obtain certification this summer. Is this related to current position ( j reasonable promotion or transfer? Explain: TRAINING COSTS: >::1 to be advanced ( j to be reimbursed after attendance Account No. Amount Registration or tuition.......................... Books........................................... v Travel (mileage, bus, train, airplane, etc.).... —,8-- Lodging.........� ........ ...... .............. Per Diem. Other: ((JJ U V ft Total assasassssszasssaaaaasssassnnaamaassassawssasxaassssssasssassacc=accovasoaasssa Authorizations: I(employee), understand and agree that if all conditions of education/training policie ase not met, I may be required to reimburse the City for any expenditu m e on b half Employee Signature: Date_f Appropriation balance: Mlanagert��K approved [ j disapproved "Dept. Head: ( j approved [ isapproved (explain): r Finance Director: SNIDER SEMINARS ANIS 7 CONSULTING SERVICES Training and Consulting in Organizational Development and Records Management SNIDER SEMINARS L CONSULTING SERVICES WILL PRESENT SEMINARS IN OREGON COME TO A WORKSHOP, FIND OUT THE THINGS YOU'VE ALWAYS WANTED TO KNOW ABOUT AESUT YOUR TRAINER, JOYCE SNIDER. CMC THE CLERK'S OFFICE. BUT DIDN'T KNOW WHO TO ASK! NINE YEARS EXPERIENCE IN THE PROVISION OF `. JOYCE SNIOER,CMC, OF SNIDER SEMINARS L- CONSULTING SERVICES PRESENTS TWO-DAY RECORD'O MANAGEMENT TRAINING TO MUNICIPAL WORKSHOPS ON THE fOILOWING KINDS Of ISSUES. CLERKS THROUGHOUT THE UNITED STATES. SINCE t97. JOYCE HAS CONDUCTED SEMINARS ON THE HOW BEST TO COMPLETE THEM AND INDE1 THE MANAGEMENT OF INFORMATION AND RECORDS, CITY COUNCIL AGENDAS AND MINUTES: iii DECISION-MAF;ING. SUPERVISION AND OTHER MINUTES ON YOUR MICROCOMPUTER. COMPUTER PROGRAMS NOV FOR SALE!!! SUBJECTS. WITH THE SPECIFIC FOCUS ON THE CITY FINISHED AGENDAS AND CONSENT 'CALENDARS: WHAT ARE THEY, WHO NEEDS TO USE CLEFi'`- OfFI�E. THEM. MMEN f4mv ritr. SEVEN YEARS EXPERIENCE IN THE PROVISION OF R STAFF MEETINGS FOR CLERK'S PERSONNEL OR DEPT HEADS: SHOULD YOU HAVE THEM, BROAD VARIETY OF RECORDS MANAGEMENT SERVICES WHAT OO THEY DO FOR YOU, NOW DO YOU CONDUCT THEM L WHY ARE THEY IMPORTANT. TO SMALL AND LARGE CITIES. JOYCE HAS SERVED AS CONSULTANT FOR CITIES SINCE 1979. WITH GETTING ALONG WITH THOSE AROUND YOU WHO HAVE THE POWER TO HELP OR HURT YOU; ASSISTANCE PROVIDED IN ALL AREAS OF CONCERN DEALING WITH SUPERVISION PROBLEMS; COMPLETING STAFF EVALUATIONS. ADDRESSED BY CITY CLERKS. FAMILIARIZING THE CITY WORLD WITH WHAT THE CLERK. DOES; HOW DO IOU HELP FRO ?EARS SERVICE AS F CITY CLERt, IN CITIES STAFF TO UNDERSTAND YOUR IMPORTANCE TO THEM AND TO THE PUBLIC. FRO3,3't1 10 95,000. WORD PROCESSORS L COMPUTERS. WHAT CAN YOU USE THEM FOR. HOW DO YOU BEGIN FIVE YEARS 4ERVICE AS „ CERTIFIED MUNICIPAL -T4 UNDERSTAND THEM. TRAINER IN THE 'CALIFORNIA CITY CLERKS , ASSOCIATION TRAINING PROGRAM, CONTINUING BARN ABOUT PROGRAMS SNIDER HAS FOR SALE: PROGRAMS FOR USE ON IBM ECUCATION FOR CITY CLERKS (CEPO) 1N THE JMPATIBLE MICROCOMPUTERS TO ASSIST CLERKS IN KEEPING TRACY OF RECORDS AND YIELDS Of PUBLIC ADMINISTRATION, PERSONAL INFORMATION: INVENTORY, COUNCIL MINUTE INDEX AND SUBJECT FILE INDEX. COMMU�/ICAT1I SKILLS, LAW-RELATED SKILLS, OE;3SI3N-MAKItJL• RECORDS MANAGEMENT AND AND FILINfi SYSTEMS. A LEGISLATIVE HISTORY. H04 YOU SET THEN UP AND HOW YOU uTHEFS. USE THE COMPUTER TO HELP YOU KEEP TRACK OFT TAKE ADVANTASE OF IHE OPPORTUNITY Ta DISCUSS ' WE WiLI SPEND SOME TIME AT THE BEGINNING OF THE. WORKSHOP DETERMIHINS THE WITH AN EXFERIENCED CiTY CLERK THE CONCERNS SUBJECTS MOST IMPORTANT i0 THE CLASS MEMBERS AND WE WILL FOCUS ON.THOSE RELATED TO THE THE CONDUCT OF YOUR OFFICE. SUBJECTS. LIHt=F:1 : INN CIF 11-1E ';7 rF! MJUriJTF,t td ; I ': t �t t r!i 18575 S. CENTURY DR C C) 1"1t itd I.L 'r utI J T"tJC.i (ON RD TO MT BATC:'HEL.OP) 12501' S.L•J. Al.L.EN BLVD BENT,. ORECON SEAVE_RTOtd, QNEGnr,4 "f - �5-- r.-T..y_._..._._ bIHEN: APIRII_ 1 0,1.40 isr 194,446 a1F''P 11. 3 t':t!!) i , t986 l`TM+L'G 1;*1 ().C) All T(:i :: F11 CO!:3T: Tl1?TION IS 4;175 C)(. (TUITION 0C11E.:-73 "dOT IIJCLL!1)E F:('}1_: 01' 1;'i:r;Jtt'1 C $25. ►t i I}I S(:a�L1NT I F YOU SI C.'iIA of I't?I DI-1 tr;#=a' t RECORDS MAIJAGEMENT FIfIST Tli'i'i tF'C! I OtAE DAY'S ATTENDANCE COSTS F J :i 1-:f i it.il-J I PI T E. ;. TO SIGN il:1 : C-Orr •LL"_ITE AND MAIL_ THE:: F lit_L CIL•J TNG FORtl WITH YOUR I IJ T 1 10,1 1-tI.t }:: Tlx: StII DE'R SIH::111-,AARs, 107 E. 77"14 S1 . . OWA')SO. Uk: 74tPI 1 18 P72-591410 . N.111E/TITL-.E_.__. T'•EllT NAR DAT tr .> F'L_.ACE: C I RCLF ONE APR 1;c'. EiE_t- I) l`j'-: , r i't' .�1 y SEA'JE:R t'ON YCiI.J HAVE A F'F:OFit..FM t5['"rTT.hIC7 A CWh(E C;F': IhJ 'T'It1F" -:1/'f li I! TI JE AI OVT r t:iF;ht h Nt:t hJ3 1 HE CHE:CI', W I TH YOU. �� ,SE'iT,i1"1c.lr u.tti3ndanct_ pci I rltta tc,:vard Cc.:!i 1 1 ,,::1 ht,-toic i.po1 t:1 rt. iCMC) d �iyrl, tie=rc g.r-1intacd to., the Ty-it' I--Intst.itit i;e-? tip `lr.ir,ic Ir: T i�Tc�rt:s CIIMC) . i — IF :iU CAN'T ATTENi O:t! OF ay :EM 1!:=.FS 3E1..S F C F !?Nrn'r.IAI�1� T4E SALE OF COMPUTES' PROGRAMS FEF; --Itt THE OFF:Cc DF THE CIT' Z_ERK AND OTHER CITv OFFICES THE FRUGRAtS: .. LEGISLATI,E 4!STOR; SOFTWARE: THIS SJFTGAP.E GENERATES AN ALFHF. LISTING. BY SUBJECT, OF ACTIONS TAKEN B'i f45IC COMPUTER-EQUIPME1 44PECUIRED FOR USE OF THE CITY COUttCIL, WITH ON-LINE SEARCH CAPABILITY. EACH SUBJECT ENTPY IF :tN T4'z FFCGRAMS IS AN IBM COMPATlBL_ CHPOq ORDER. FOR EACH ACTION CGMPLETED BY THE CITY CO"NCIL, THE Ff•LL;i4:4_ M:C'-:OCGMPUTEP WITH 512K OR MORE MEMORY. LISTS CAN BE GENERATED: NUMERICAL 5 APHA LISTS OF RESOLITlDpS, ORDINAt"ES, CONTRACTS L GTHEf SYSTEMS: CHRO!I L1=TS Of EXPIRATION DAT a fCF 'N729 CT IF 4[+L C !!•T 3llY THE pR^GkAMS• CCsn!SSIOti s CC11ITTEE MEMBERS ALL LISTS ARE PRODUCE: FRDst GINE ErSTFY t'EF ffiLI.S l ^Tl34. SCFTU4RE USE MANUAL PROVIDED. �.MAiICN SERVICES CITIES 2. NtNEFICAL SUBJECT FILE INDEX SOFTWARE: SNIDER. SEMINARS L CONSULTING SERVICES SAYLO4@ PESEARCH SERVICES WILL PROTIDE YCL` TF.E NIMEF•lCA ;!::�E1 SOFTi;Ak: IS FOR USE !N RETRIEVING F=C?F['S NOOSE[ !t: W!Th LEGISLATIVE HISTORY REPGRIS, OR DATA NUrERICAI FILI!NJ SYSTEMS AND INCLUDES ALPHA CROS-I!:DE; D!S!:Sg OF ALL ALPHA, RUMERICAL AND SOFTW;kE USE IANUAL PFCVTDED. AN :MSTALLATICN r494L WILL BE A'VA:L4FLF FC+R CHRONnLCGICAL REPORTS FROM YOUR CITY COLtt:C!L CTr1E5 "3Or;, "TIC' Al WE WILL ALSO COMPUTERIZE YOUP 3 FECC�f - 'NVLN'O`-:Y ;OF'WAP,E: FECCk6: INVENTORY. TO FECElVE DETAILED INFORMATION. WRITE TC cA:atinu :.i,r ntijnuD r;vti*t-7rvM L'Futr iu n imin :r,. cn 3cn:n"M3 s COACULTtno J[xV16t5, !87 E. VITAL RECORLS AND DISPOSE"" OBSOLETE RECO HIS PRCGRAM E 'iH STREET. OVASSO, OK 74055 OR TELEPHCHE MEANS TO PRODUCE LISTS. BY DEPT. OF RECORDS TO BE DESTROYED A AtiD 0:9+ 2722-4770. IF N ANSWER, CALL PERMANENT RECORDS. MAJOR SUBJECT LISTINGS CAN BE ADDED. THE SOFTWARE HAS ?lB ??2-`940. DEMO AVAILABLE'' 04-LINE SEARCH CAPABILITY. SOFTWAF- USE MANJAL FPD.IDFO. i rUZL6 110 `pzsqTy LKCZ xog •o'd Paswu 30 uosjiM •g uaaaorl r � 91901 NO °088VM0 ter. 5s6i JIB Nil '8 Lot 83 MAM SM-41OMW OW .�, ' ,La 0t�`Y LA a'l t Vj'1 uL F ebr-aary 12, 1956 LO-ayor John E. Cook 12755 S.W. Ash Tigard, ard, Oregon 97223 F� j j rip/ 3 1986 1A Of Dear Mayor, This letter concerns a request to review a problem which has arisen between myself and the City of Tigard . The problem has proven to be one of considerable financial and personal cost to me . Other avenues of solution are either closed, very costly, or lacking calm ration. Therefor 1 submit the following for your consideration and solution. l: I am Lee Cunningham the purchaser of property located on the S.W. corner of Scholls Fy. Rd. and the new N. Dakota. The address is 12528 S.V . Scholls Fy. Rd. . As an eight year property buyer and as a resident, Tigard is where I live, my home. We have two boys in Tigard schools and I can vouch for both the schools and the community. 1 believe in Tigards ;ouch labored good community planning. i am a member of N. ?.0., 7. 1 do not wish in anyway to see that plannin,; erode and intend to stay a responsible member on Tigard's committees and boards. In 1977 1 began a small wood products company in my garage and in 1979 sold my residence, moving to the above address which �3 had a home and a shop for my wood products business and three bungalows transported from I-5. The whole in utmost disrepair. In 1930 1 closed the business renting to a small producer of concrete meter boxes. Since that time I've rented to a plumbing contractor, automotive restoration hobbyist, general contractor, automotive electric repair, landscaping co. , sign company, clay products production and wholesale, Volvo-Saab auto repair, temporary only) and ski-mobile repair. The shop appears to be very compatible to start-up entrepeneurs in wholesale-service trades who like the location and low rent and don' t need a flashy presence. The average stay has been about two years by which time they either fold up, or move to larger, flashier, and much more expensive quarters. Although it's difficult in a few sentences to describe the spirit of these years when my friends whispered "I don' t know why he bought that place" or "looks like something out of the Ozarks" . v,'hen every cent of rent collected that could be spared was put back in for seven years in hands on restoration replacement and up grade. Every house every building new paint in and out, everyone a new roof, the shop (whish now call the ware- house) an all new commercial grade aqua blue steel roof. Uver $3,500.00 in three stages , pay-as-you-go. Four of every five doors replaced in all buildings , insulating, rocking, carpeting, flooring, 32 broken windows and much more. With improvement naturally followed increased tax assessment r' which doubled in a two year period. On October 9, 1935 ? received a letter over the signature of F Bill Monahan s t.atin�, probalble violation of tenant use on 0-k zoned lane!. U�uU_. 1: 3:.`i:-.—ii 'i '�.:i:1.o!: +','i t�. B_4 �1,'h :�. WAS 1.'i ('�Ie_' � u r. - L way amicable) i removed tI (wl: ch ,ias only there on a M 1 temporary basis) . Later wap verbally warned of another tenant in probable violation. Shortly thereafter the ideal tenant (for me) came. A gentleman who travels throughout Europe each spring collecting a container load of expensive and vintage wines. He was planning to use the ground floor of my warehouse to wholesale his wines. For a sign a small brass plaque euroUear, style. h , cli��n le ( the B.M.W. trade ) wine collectors he has established. Arid a handfull of haut quisine restaurants in the Portland area. He appeared to me an ideal tenant in Yuppie Villa, the neighborhood. Best of all he was eager to stay all the way until the building is razedi and hope against ho :e mi ;ht even expand in time to occupy the total building until then. I went directly to Bill and later to Keith Lyden and both together. The whole issue of this renter was discussed at length with both Bill and Keith. They both remained firm in their opposition to the use, conditional use, or temporary use and if 1 were to spend $1000.00 to go through the appeals process it would be with the opposition of staff. That was a very bitter pill to swallow, I have to admit, but not nearly as bad as what 1 had later to learn. Bill and Keith are known to me personally and I hold the greatest respect for their training,, capability, and a sincere regard for them as individuals. They have peen always polite, courteous, and helpful in everyway, and not over paid for a tough job. I hope we can entice Bill to stay on after he passes the "bar" , he' ll be even miore valuable, we need him. The next logical step was to persae all avenues of possibility. Reviewing all 15 pages of possible use in detail with Keith there appear to be four possible options. 1 . Art Studio/sallery. 2. Aerobics/Gym. 3 . Schools. 4. E-ter ency/Ambulance, in addition to office use. Continuously running newspaper ads ($100.00 mo. ) variously changing it from "desperate vuilding owner will rent, 2/3 off, 5040 sq.ft. etc. " or "Washington Sq. area 5040 sq. ft. zoned commercial/professional office-aerobics-schools etc ." listing uses. I imagine you know the Portland area is over built in office space and Washington County the greatest glut in office space in its history. I'm averaging four to five calls per month. None on office and none that will fit the zonin4 or at all interest- ed in locating in this kind of building, but in spite of ad specificacy I still -,;et the little c-ti wantin;; to start up a service or wholesale business. Also incidentally I "blitzed" the Art-sallery-Studio idea, had the f1ooe plan designed, posters drawn. and posted and a news release printed in all available art association trade publications from Portland to Salem. 113t!Adio-3allery neing Formed" . So far I received five calls , two shows and one rented for X110, of a possible eleven studios . :.:ear-while my upstairs tenant :roved out and I dread the thought of chasing around for rent, 11 starving artists half of whom want to camp there too , surely that was not a good solution. I've asked opinions and advice of :rariv associates and pro- fessonals. The reactions are varied ansurprising. "Put your tenants in and force the city to Nv i.c t them" , "hire a lawyer" , "Uo directly into L.U. B.A. and explain it to them" , "ignore it" , 4 ,for every one they kick out put in another" , "vo to the press and make a stink" . None of the above do 1 believe in. 1 believe every one did their job properly and as they saw fit. 1 believe it to be one of those rare quirky instances not intended that just happens and must have a rational solutio.. The last suggestion made to me, this , a letter be sent to all of you, the council and Mayor. that you be appraised of my dilemia and that I ask you if there is some relief that could be considered. As you can see from the above most, if not all, avenues of approach have been approached. Much other work has been done in all avenues systematically which have been omitted for purposes of brevity. Intent is a word I believe in. "Legislative intent "Judicial Intent" a useful word causing direction and future action. I know it is not the "Intent" of the Federal '4overnment from whence all land use policy derives to deny citizens earning a living. Previously existing businesses have land use "Grandfather" rights. There is however no "Grandfather" for use. Universal policies and proceedures established in congress , the Judiciary, and the bureauracy are careful not to prohibit or deny people earning a living. Even the dept. of I.R.S. rules likewise. I don' t believe there was or has been any intent to deny income on the part of the city or anyone in any part o` government, but that so;nehow in spite of proper intent 1 havc fr�_1.7 en throu h. procedures planned to insure this from happening. And despite all procedures to the contrary, occurances of this nature do happen. Staff is concerned that once temporary use is vranted, people will then want a change to permanent. I don't believe that concern is applicable. The property is being held for future development. bly request is only for, and limited to, that time when it will be developed, all tenants moved, and all buildings removed. 1w estimate is within five years. It has become clear that the uses for which the warehouse has been put for the last 40 or so years are those for which people will use the building. Repainting and upgrading don' t seem to change that fact. The building as such is not C.P. compatible and in the present circumstances I am being required to hold the building vacant. Specifically I seek of the Mayor and City Council some mechanism whereby I will be able to continue to use, derive Income and rent to tenants compatible with this building. These tenants are by nature oriented to service, wholesale and light productions and do not generate high traffic. Icy attendance for any informal discussion or hearing on this matter would be most welcome. I am not asking for a special favor, I ask only to be allowed to continue doing what I have already been doing for the past eight years, which has never created a problem and has allowed me to support any family. st Regards, ,r1011,rz• Zee R. Cunningham cc Bill 14onahan ��;,nx il 3`},�.srw 'x,;'�'t a=`ta:9¢E __ ,-.....c�... ;,'X^:"a' __ '� a. ,.k' _ t.anx .�—:..e."a^ ���>—#� x^.._ .,•+z==�-r~: Yp MEMORANDUM CITY OF TIGARD, OREGON TO: Times Publications and Oregonian Newspaper February 13, 1986 FROM: Mayor's Office PRESS RELEASE: City Engineer/Deputy Community Development Director, Randall Wooley. The City of Tigard has hired a new City Engineer/Deputy Director of Community Development, Mr. Randall R. Wooley. The vacancy was created when City Engineer/Public Works Director Frank Currie resigned to take a Public Works Director position in Auburn, Washington. Mr. Wooley has a Bachelor's of Science degree in Civil Engineering from the University of Now Mexico and a Masters degree in Civil Engineering/Transportation from the University of California. Mr. Wooley is currently an Engineering Consultant in Redmond, Washington. He has held prior positions as the Assistant City Engineer in Pullman, Washington, and Assistant Public Works Director in Juneau, Alaska. All together, Mr. Wooley has over 19 years Civil and Transportation Engineering experience. Mr. Wooley is a member of the American Society of Civil Engineers, the Institute of Transportation Engineers, and the American Public Works Association. Mr. Wooley was selected from over SO applicants applying for this position. The City is delighted to announce the hiring of so well qualified a professional with both Civil and Transportation engineering backgrounds. Mr. Wooley will assume his duties with the City on March 16. 1986. RWJ/dc:1142p "We are an Equal Opportunity/Affirmative Action Employer.We are dedicated to a policy of non-discrimination irt?i,f`_ n,sex,national origin,age,mental or physical disability." employment on the basis of race,color,religioO Y OF TIGAR® ~ c198s CIT P.O.Box 23397 12755 SW Ash Avenue Tigard,Oregon 97223 WASHINGTON COUNTY,OREGON EMPLOYMENT APPLICATION (Print or use typewriter) If additional space is needed use bottom half of page 3. 1. Position applying for �p �/ �lll//ID�6,�INIWI Ve{j Date Social Security No. 2. Name Last First Middle 3. Mailing address / �• �✓'�x ,3:J.3/ Street �0� A1,�f $ (� -y©!9 Telephone No, r� City State Zip d. Do you claim veterans preference?[]yes [R-rw Veterans disability preference D yes Leo 5. Have you ever been convicted of a crime?Dyes EPY(tO. If yes,explain below in"remarks".(Exclude those cases processed in juvenile court and minor traffic violations.) Conviction does not necessarily disqualify you from employment. Remarks: 6. EDUCATION RECORD—If now in school,include present term. —� DAT tEIT taiAPUllLh' NA ND DATION IGH ��� I�7�' r�✓N. Ilf IF NOT A HIGH SCHOOL G�WDUATE,DO YO�1 HAVE CERTIFICATE OF EQUIVALENCY(GED)? Yes t i No It yes Dale Schools attended after High School, F*Wsot Study NO Of c'Ht[qt;:Nt�t� I i rr!d.:.d,• or special training received. �rTalesal Special Courses Semostt•r QI• t M•• I t. 1 NAME AND LOCATION FROM TO Full Part f Time Time Fbufs Hoofs Hn.r� t.0 n,.•t 6- Mi Major ACCT 1 �i �'L� sr of / E/1 ✓' 1 w i Major �Ly P +�)t�j(G Mawr Major Mina -- ---- _.. ... - Major Mawr 7. List any special training,licenses,certificates,machine skills,office equipment, languages or other special skills you may have that arepemne position to which you are applying(include driver's license number). VIA-,h. d"Iy//s be �` Wool-& e6/o'3o2:( 8. REFERENCES—List the names of three personsthen than former emp oyer Lind relatives having knowledge of your character,experience,or ability. Name Address Business Telephone T. Lalyn•e 'ey Ir"-dAe 2. tlojin Vwgghel�5Z6 -476/1/E, Se4A4/e, 3 D4fe 1Qc1/sArs W5/7/0 4Ar4r DO �u/%i��il, klW 9l14-3 55 9. EMPLOYMENT HISTORY—Beginning with your present or most recent job,describe your work experience during the past TEN years.In addition.Ilct any other prior experience related to the duties of the position for which you are applying.Also include all non-paid or volunteer work. FILL IN THE FOLLOW NG DETAIL /arse see I-esuve .mo.-e ele.4Cr EMPLOYING FIRM / ADDRESS / � / � 199 &.(,l ���T'fm / QQ 0�t7 L:Grx �.53/j iT 4�aI4r"l�GU��O p FROM jth Year YOUR JOB TITLE SUPERVISOR'NAME TO_ Month Year TITLE7 y SPECIFIC DUTIES TOTAL TIME Yrs. 1 A1o,4 FULL TIME _ tt// PART TIME _l/C/rf!/.t1/C Z Hours Ixx wr•oA ui REASON FOR LEAVING START SALARY 5._- C IF YOU STILL WORK HERE MAY WE CONTACT THIS EMPLOYER? [.,YES ,NO LAST SALARY$ EMPLOYING FIRM ADDRESSFROM �' .tax 2//9 kk � r, YOUR JOB TITLE SUPER VISOR'S NAME T O �' !Awes I4✓3 E TITLE ��"Cct�iW Qf s�/i( !J/r�J 101A1 SIMC NisA(-- Mo. SPECIFIC DUTIES FULL i IMC owwTm G /I� 1p�I/li i UISrG'�► PARI 11MF How,1N•1 Nvek STANI SA1 ANY 5 7CC REASON FOR LEAVING AfeeInevef,, �' OP i.-k%, r Pf'@c LAST;:AI At 1Y S Z-AIN(-I ~ EMPLOYING FLEW ADDRESS ISS Y. .,Seww' ✓1 . F Nt?r l 3 'T J j Y R T E SUPERVtSOR'SNAME /S/ a•/' Veet6c.1 To 4,14 7 1 .! r�!'• V♦( �((l/i( L�tk+t�,f5 M++nth t.•.,. *ehee TITLE D//`e'r so, Ole TOO At I IMI Vis. A ! SPECIFIC DUTIESVt FUIt IIMC /t�l t O 1411 Y!/11/.S' /Li Cfli 7 PAIII TIME Yirklrs lay STANI SAI ANY$ Mrf'G' REASON FOR LEAVING - gyp► nave f� c7,rH!! e- LAST SAt ANY S .s�`I EMPLOYING FIRM ADDRESS FROM M.•rilh �.•ar YOUR JOS TITLE SUPERVISOR'S NAME TO TITLE Alortth ar, SPECIFIC DUTIES IOI At 1IMI r. AI,•. _ -Illi TIMI PARI I IMI, § ikR,,,;fan Nr*Pk S1At11 *At MIN S y u REAM FOR LEAVING IASt SAl AItN S RANDALL R. WOOLEY, P.E. CIVIL ENGINEER �c4c A363aNA7C9RXS�Et17€>t 9AkbditAM"J5bd WZX Mt Retiloa ZSIM 23272eo ENGINEERING RESUME Background More than 18 years of civil engineering experience in planning, design , and consLrucLion of public works projects. More than 11 years of experience in a supervisory position in municipal government . Professional Licenses Licensed Professional Engineer in Washington and Alaska (through reciprocity , registration in Oregon should the a routine matter) Education Bachelor of Science in Civil Engineering from the ' University of New Mexico ( 1966) Master of Science in Engineering from the Universitv of California , Institute of Tansportation and Traftir r Engineering ( 1967) Continuing education in engineering and in public wotkx management . Professional Experience Since October of 1984 I have been self-employed . 1 left full-time employment in order to have more time to complete several personal project;. 1)ur111 this period 1 have worked successfully as a private s consultant on a part-time basis . With my projects satisfactorily completed , I am now readv to resume full-time employment . From 1978 to 1984 my Job title was As_, istaiit City Engineer for the City of Pullman , Washington. III this position, I was In charge of i tiv Ei g i nee►-i lig i Division of the City , including; engineering tic,- ;n of public: works projects, construct ion cont rat-t y administration , tr►ifl it eng;ineering, review „f Ilriv.rtl Randall R. Wooley Engineering Resume .: Page 2 development plans for conformance with City requiremeitts , and administration of various grants . I served as department head when the Public Works Director was absent from the City . From 1973 to 1978 I was with the City and Borough of Juneau , Alaska, beginning as a staff engineer and advancing in 1976 to the position of Assistant Director of Public Works. My duties included design for a wide variety of municipal projects (ranging from street improvements to ski area improvements) , administration of construction contracts, and grant administration . As Assistant Director , 1 was responsible for review of all plans prepared by the engineering staff and I served as department head when the Director was absent. . From 1971 to 1972 I was with the consulting firm of Tryck , Nyman & Hayes in Anchorage , Alaska , where t was primarily involved in design work for subdivision development and private site improvement projects. Prior to 1971 1 was with consulting firms in Seattic . Washington , and worked mostly in the design of pfo.1— t � involving freeway and airport .improvements. Professional Memberships 3 American Society of Civil Engineers Institute of Transportation Engineers American Pohl is •forks A::si.tc iat ion x4- ij�i F.`. k opn LETTER OF UNDERSTANDING The City of Tigard owns an office building at 12420 SW Main Street in Tigard's downtown business district and, on 1986, is entering into an agreement to ,050 square feet of that building to the lease approximately 1 Tigard Area Chamber of Commerce. The lease shall run from March 1 , 1986 to June 30, 1987. The City recognizes the community benefit of having the Tigard Area Chamber of Commerce located in the downtown business district and the contributions the Chamber can make at that location and the City's continuing effort to develop downtown Tigard. Eventually, the City would like to sell the property to the Chamber of Commerce if it becomes feasible for the Chamber to purchase it. No commitment has been made by the City to sell the property to the Chamber and no commitment has been made by the Chamber to purchase it. No sale price or terms have been seriously discussed. However, in recognition of the potential community benefits involved, the City hereby agrees not to entertain any sale of the building at 12420 SW Main Street during the period of this lease to any party other than the Tigard Area Chamber of Commerce. Furthermore, the City recognizes the Chamber will be making leasehold improvements. The Chamber will keep a record of all said improvements and the City agrees, if a sale of the property should be made to the Chamber, to deduct the value of those improvements from the fair market value of the property at the time of sale. Dated this day of , 1986. Lessor: City of Tigard Lessee: Tigard Area Chamber of Commerce by: by: ,john E. Cook, Mayor Robert A. Pierce, President FORM No. R12—LEASE—WSINESS PROPERTY. _ Oravcws•r.Rs Lw+ru�usplMo eo.., —„� 70.1 _. . � . THIS INDENTURE OF LEASE, made and entered into this day of _tiT.dxiLlriY•--•--------- , K19.8.5._.,by and between __........__.... - -_ _ __._. .._._...._....__............................................................................ cityO -21WM .J ..a ...................._......................--.........................................._ .... .................. _.... .................................................__..-_.. ...._».___..._........._._....................................... • ......................._....._.. '} _... hereinafter called the lessor,and...........__. ...._ .._._.._. -_._.-....................•__- O n co ratio Tigard Agra S.k�amber fkt..._-_x39 _-.._�P_o..._.._..._.n _._._ ......__..._...... -•................._.......---._..._.- ..._..._..._...................-.......................................... . . ........ .. . ___._......._. .._ .------.._...._...._.__.... _, hereinafter called the le , z ................................. ............................_......_..._...___. _ ssee ; WITNESSETH: In consideration of the covenants, agreements and stipulations herein contained on the part of the lessee to be paid, kepi and faithfully performed, the lessor does hereby lease, demise and let unto the said �i i lessee those certain premises, as is, situated in the City of_..._-_._Tigard........_..........., County of and State of ...OxagoA------_----- -__, known and described as follows: _Approximately 1050 square foot of that office building located at { 12420 SW Main Street and further described as Tax Lot #04400, Map: ! 2512AB and on the attached F--hibit A.- y � I To Have and t Hord the said dawdhV promises unto the said losses for i Tod of tim��ne2a�enci with n ; the»lst dayof.. re ......... . 14.... ,and ending at midnight on fhe......_.z....dey of ...»»..__.... ...... .....»., 19...». at and for rental t ag1 i H 30 - .-------for the whole of the said term payable �ig ud/ money of the Uni#ed Stater at 1 . -----------................ ....................._.. .., City of ...r._. ........,»..»..^-..--. Stats of . t)regont_ 9723 .---- at the following times and in the following amounts, to-w►it: $300.00 per month payable on or before the 5th day of each month of the lease term. I to consideration of the leasing of said premises and of,the mutual agreements herein contained, each Party heieto-doee"he�reby expressly covenant and agree to and with the other, as follows:` LESSEE'S (1) The lessee accepts said letting and agrees to pay to the order of the lessor the rentals above stated for the lull ACCEPTANCE term of this lease, in advance,at the times and in the manner aforesaid. OF LEASE USE OP (1a) The lessee shall use said demised promises during the term of this lease for the conduct of the following business: PREMISES operation...of..the....Tiga.r.d Area. Chamber .of_C.owMerce and-related....ac.tivitie.s........ •____________________•_-_,_-,..................._..and lot no other purpose whatsoever without lessor's written consent. (Zb) The lessee will not make any unlawful, improper or offensive use of said premises; he will not suller any strip or waste thereof; he will not permit any objectionable noise or odor to escape or to be emitted from said premises or do anything or permit anything to be done upon or about said premises in any way tending to create a nuisance; he will not sell or permit to be sold any spiritous, vinous or malt liquors on said premises, excepting such as lessee may be licensed by law to sell and as may be herein ex- pressly permitted. (?e) The lessee will not allow the leased premises at any time to fall into such a state of repair or disorder as to increase the fire hazard thereon, he shall not install any power machinery on said premises except under the supervision and with written consent of the lessor; he &hail not store gasoline or other highly combustible materials on said promisee at any time,he will not use said prem- ises in such a way or for such a purpose that the fire insurance rate on the building in which said premises are located is thereby in- creased or that would prevent the lessor from taking advantage of any rulings of any agency of the state in which amid leased premises are situated or its successors, which would allow the lessor to obtain reduced premium rates for long torm lire insurance policies. (?d) Lessee shall comply at lessee's own expense with all laws and regulations of any municipal, county. state, federal or other public authority ranpectind the use of said leased premises. UTLLCriE3 (3) The lessee shall pay for all hn Jifl, water, ar, and then services or utiliti used in the abov dem fixed promises during the term of this lease. Lessor slhlall pay pros water, sewage charges, garbage and UgWert� taxk REPAIRS AND (is)The lessor.hall not bb requ+ to tum s any repair,alterations,additions or improvements to or span said premr IMPROVEMENTS isms during the term of this lease, except only those hereinafter specifically provided for;the lessee hereby agrees to maintain and keep said leased promises including all interior and exterior doors,heating,ventilating and owing systems,interior wiring, plumbing and drain pipes to @aware or septic tank,in good order and repair during the entire term of this lease at leasoo's own cost and expense,and to replace alt glass which may be broken or damaged during the term hereof in the windows and doors of said Promises with glen of As good or better quality an that now in use;lessee further agrees that he will make no alterations, additdom or improvements to or upon said promises without the written consent of the lessor first being obtained. (/b) The lessor agrees to maintain in good order " repair during the term of this/sass the exterior walls,roof,gutter,down- spouts and foundations of the building in which the demised premises are situated and the sidewalks thereabouts. ...................................... .......................... ......_.. ..-- .. .._ _...............................................I........... ....-- -.......-•-- ......._...... It is understood and agreed that the lessor reserves and at any and all times shall have the right iter,n_.palrW .... or'-Ja.+prove--.the building of which said demilssd promises aro a part,or to add thareto and for that purpose at any times may greet scaffolding and all other radsoary structures about and upon the demised premises and lessor and lessor's representatives, Contractors and workman for that purpose may enter in or about the said demised premises with such materials u lessor may deem { 4 necessary therefor, and isssse waives any claim to damages, including logo of business resulting therefrom "F LZSSOR's (S)It ahall be lawful for the lessor,his agents and representatives,at any reasonable time to enter into of upon said E�LRYOF demisd premises for the purpose of examining into the condition thereof,or any other lawful purpose. ENTR OF (6)The lessee will not assign,transfer,plods=,hypothecate, surrender or dispose of this lease,or any interest herein, ASSIGNMENT or permdt any other person or persons whomsoever to socrpY the demised premises without the written Consent of the lector being first obtained in writing; this lease is personal to said lessee, lessee's intorests, in whole or in part, cannot be pfd,anJgrrd, trarhiferred.seised er taken by operation at law,or under or by virtue of any execution or legal process,attach- cannot ent of pro, ings instituted against the lessee, or under orb vifru• f any barulWPtey ars inapt o#xy proceedings had in and Y �y Q is -to For tene- th• t w,(n any other ex t above $ t ned�Sa]:u TI is SpeCl� 1 is c n � n1 cMirit i , err 'oses. L1 Fj J All not pbennvt any 1 en o a kir type or description to be placed or imposed upon the building in which said leased premises are situated,or any part thereof,of the red mats on which it stands ICI SNOB/. (d)It the promises herein leased are located at street level, then at all times lessee shelf keep the sidewalks in iron! D EIS of the demised promises free and dear of los.snow,rubbish, debris and obstruction; and it the lassos occupies !!ne ontire building,he will not permit rubbish,debris,ice a snow to accumulate on the root of said building so as to stop up or obstruct gutter or downspouts or cause damage t► said roof.property harmless tandprotrs in that the lessor e so against any injury whether to lessnr or to lessor's property any other P+rdro OVERLOADING (9) The low" will not overload the floors of said promises in such a way as to Cause any undue or serious siren OF FLOORS of strain upon the building in which acid demised pr•nnises are located,o any part thereof,and the lessor shall Neve the right,at any time. to call upon any Competent engineer or architect whom the lessor may Choose, to decide whether or not the floors of said premises.or any part thereof, ars being overloaded so as to cause any undue or serious stress or strain on sold WNW.or sett' pat thereof. and the decision of said engineer or architect shall be final and binding upon the lessee;and in the event that the engineer or architect s+ Called upon shall decide that in his opinion the strew Or attain is such as to endanger or Injure said building,or any part thereof,then and in that event the lessee agrees immndiatoly to relieve sold stress or strain either by reinforcing the building or by lightening the load which Causes such Strom or strain in a manner satisfactory to the lessor- ADVEEriSING (10)The lasses will not use the outside walls of said premise*, or allow signs or devices of any kind to be attached SIGNS thereto or suspended therefrom, ter advertising or displaying the name or business of the tosses or for any purpose whatsoever without the written consent of the lessor;however, the tosses may make use of the windows of said leased promises to display lessee's name and business when the workmanship of such alien shelf be of good quality and permanent nature;provided further that the teems may not suspend or place within said windows or paint thereon any banner, signs, sign-boards or other devices in violation of the intent and meaning of this section. LIABILITY (11) The lessee further agrees at all times during the term hereof.at his own expense, to maintain, keep in ellects INSURANCE furnish and deliver to the lessor liability insurance policies in form and with an insurer satisfactory to the lessor, insuring both the lessor and the losses against all liability for damages to person or property in or about acid leased promises;the amount of said(#ability insurance shelf not be tsar than i--J.Q0.r QO.Q........ ......... ..ter injury to one person, i.30.0-oAQQ.........................fa injuries arising out of any one aceidemt and not Jess than t J 0 Q.s.Q 0 0.. for property damage. !.essee agrees to and shall Indemnify Z", �Y and hold lessor hsrmdese against any and all claims and demands arising from the ruegligenee of the lessee, his is pars, agents, invitees x andlor employees, as well as those arising from lessee's failure to comply with any covenant of this lease on his part to be performed, AMO and shall at his own expense defend the lessor against any and all suits or actions arising out of such negligence, actual or alleged, and an appeals therefrom and shall satisfy and discharge any judgment which may be awarded against lessor in any such suit or action. s' FIXTURSB (12) All partitions, Plumbing, electrical wiring, additions to or improvements upon said leased Premises, whether in- stalled by the lessor or lessee,stall be and become a part of the building me soon as installed and tt2 property of the lessor unless other- win hotels provided. LIOST (19) This lease daccess close not grant any rights of acss to light and air over the property. AND AM DAKAOR ST (1 S) In the event of the destruction of the building in which said leased premises are located by fire or Other CABIIALTl, ��,, either pity hereto may tarminato this lease as of the date of amid fire or casualty,provided,however.that AB AND in the event of damage to said building by fire or other casualty to the extent Of..................Per cent or more of the be socusd vahre of said building, the lesssor may or may no elect to repair said building; written ,•cries of leaaar's said election shall -k Igiven losses within fifteen days alter the occurrence of said damage; it said notice is rot ;,u s'�'^. lel- w" I aass shaltvely shall btsrmrt dammed ?T to har0 alerted not to repair; in the event lessor elects not to repair said building, then. and in that event t` with the data of said damage;but U tla building in which said leased premises are hate-_' ;- but partially dest.,t-ad and the damage c- so occasioned sh+e11 not amount to the extent indicated above,or it greater than said e:b rnt and lessor elects to repair, as y,aforesaidtothe e then the lessor awl repair said building with all convenient speed and shall have the right to take possession of .ad ocauAto uehtsiori at the Ins", all or any part of said building in order to make the necessary repairs, and the lessee hereby agrees to vaats upon request,all or any part of said building which the lector may require for the purpose at making necessary repairs, and for rho of time between the day of such damage and until such repairs have been substantially completed there shall be such an period periodont of rent as the nature of the injury or damage and its Interlerenca with the occupancy of said leased promises by said lessee abatemabate warrant; however,It the promises be but slightly injured and the damage so occasioned shall not cause any material interference ' with the occupation of the premises by said lessee, then thane shall be no abatement of rent and the lessor sham repair said damage with all convenient speed. WAIVZR OF (13)Neither the lessor nor the lessee shall be liable to the other for loss arising out of damage to or destruction of BIIRROQA?ION the lns� promises,or the building or improvement of which the leased premises are a part or with which they are RIOI9T6 connected, or the contents of ens, thereof, when such loss is caused by any of the perils which are or could be 7n- ;, luded within or insured against by a standard form of fire Insurance with extended coverage, including sprinkler leakage Insurance. it any.All such etalmn for any and all loss,however caused,hereby are waived. Such absence of liability shall exist whether or not the damage or destruction is caused by the negligence of either twoor or lessee or by any of their respective agents,servants or emuployeas. It Is the Intention and agretotent of the lessor and the/03000 that the rentals roserve.l by this lease have been fixed In contemplation that sorb party shall fully provide his own insurance Protection at his own expense, and that each Party shall look to his r4WPective that eacharne party a for full] reimbursement of any arch Joss, and further. that the Insurance amus involved shall not be entitled to subro- #atlas under any akoumalanas against any party to this lease. Neither the lessor rear the leswe shelf have any Inters/or claim fn the other's Insurance policy at policies, or the proceeds thereof, unless specifically covered therein as a joint assured. MINI (16)In case of the condemnation or appropriation at all or any substantial part of the said demised pr0mien by any a public or private corporation under the laws of eminent domain, this lease may be terminated at the option of either AR Party harmto ort twenty days written notice to she other and in that can the losses shall not be liable ter any rent after the data of Somme&removal from the premises. AOR SALs (17)Daring the period of ...ninetY-UA)prior to the data above fixed tar the termination of raid loon, the inRMT lessor heroin tray pool on said promises or in the windows thereof signs of moderate at" notifying the Public that sum the promises are "for sacs" or "tor Iss"" DSLIVERiNOIIP (18)At the expiration of said term or upon any sooner term inrstion thereof, the lets0e will quit and deliver up sold PRiRtRA�ON !eared prenrdses and all future erections or additions to or upon the same, broom-clean, to the lessor or those having YRIIAltON is aces estate in the pra lases,peaceably,quietly.and In as good order and condition, reasonable use and wear there- at,danwtge by the,unavoidable casualty and the elements atone excepted, as the same are now in or hereafter may be part in by the Idose. bDrMNAL �t�rTl4ns Lessor shall take action to designate the three (3) parking spaces ismnediately in front of the leased premises for 15 minute narking. (20) Lessee shall be entitled to incidental use in common with other tenants, if any, of common areas such as conference room, restroom, kitchen. ATTACiI PT PROVIDED, ALWAYS,and these presents are upon these conditions, that (1)if the tosses shelf be in arrears in the RAN![RUI'T payment of said rent for a period of ten days alter the same becomes due, or(2) if the lessee shall fail or neglect to DEFAULT do,keep,perform or observe any of the covenants and agreements contained herein on losses's part to be done, kept. performed and observed and such default shall continue lot ten days or more alter written notice of such failure or ne- glect shall be given to/ease,or(3)it the lessee shall be doctored bankrupt or insolvent according to law, or (4) if any assignment of lease's property shall be made for the benefit of creditors,or(S)it on the expiration of this lease losses 14170 to surrender possession of said leased promises,then and in either or any of said cases or events, the lessor, or those having lessor's estate in the premises, may terminate this lease and,lawfully,at his or their option immediately or at any time thereafter,without demand or notice,may enter MW and upon said demised premises and every part thereof and repossess the same as of lessor's former estate, and expel said losses and those ciaimting by,through and under lessee and remove lessee's effects at lessee's expense, forcibly if necessary and store the same, all without being deemed guilty of trespass and without prejudice to any remedy which otherwise might be used for arrears of rent or pre- ceding broach of covenant. OVER In the event the leasee for any reason &hall hold over after the expiration of this lease,such holding over shall not L be deemed to operate as a renewal or extension of this lease,but shall only create a tena-icy from month to month which may be terminated at will at any time by the lessor. ATTORNBT In case suit or action is instituted to enforce compliance with any of the terms,covenants or conditions of this/ease, FFEES? COURT or to collect the rental which may become due hereunder, or any portion thereof, the loving party agrees to pay such arm as the trial court may adjudge reasonable as attorney's fees to be allowed the prevailing party in such suit or action and in the event any appeal is taken from any judgment or decree in such wit or action. the losing party agrees to pay such further sum as the appellate court shall adjudge reasonable as prevailing party's attorney's teas on such appeal. The lessee agrees to pay and discharge all lessor's costs and expenses, including lessor's reasonable attorney's lees that shall arfss from en- forcing any provision or coronants of this lease even though no suit or action is instituted. WAIVER Any walrer by the lessor of any breach of any covenant herein contained to be kept and perforated by the lessee shall rat be deemed or considered as a continuing waiver,and shall not operate to bar or prevent the lessor from declaring a forfeiture lot any succeeding breach.either of the same condition or covenant or otherwise. NOTICES Any notice required by the tonna of this loam to be given by one party hereto to the other or desired so to be given, shall be sufficient it in writing contained in a sealed envelope,deposited in the U.S.Registered !.falls with postage fully prepaid,and If Intended for the lessor herein then it addressed to said lean at ..13.1.25...BN...Hal I ..._..................................... .Tigar..d,....QR......9.7223....._ ..............................and if intended for the lessee, then it addressed to the Iesom at ....12.4.2.0....M._Main...S.treet,.....Tigard_r....0R.....92223-............_... ............................................................._.......... Any such notice shalt be doomed conclusively to have been delivered to the addressee thereof forty-eight hours after the deposit thereof In said U.S.Registered Mails. nVIRS AND All rights,reaxdiss and liabilities heroin given to or lc;posad upon either of the parties hereto shall extend to, Inure ASSIGNS to the benefit of and bind,as the circumstances may require, the belts, executors,administratom, successors anti, so for as this lease is assignable by the term hereof,to the assigns of such patties. In oanstruing this lease,it is understood that the lessor or the losses rmsy be more than arta person;that if the context so requires, the singular pronoun &hall be taken to mean and Include the plural, the masculine,the feminine and the neuter,and that generally all dramatical changes stall be made,assumed and implied to make the provisions hereof apply equally to corporations and to individuals. IN WITNESS WHEREOF, the respective parties have executed this instrument in duplicate on this, the day and year first hereinabove written, any corporation signature being by authority of its Board of Directors. T.assees.. •�i,gaxd, essnr:._.....Cit�r...of...Tigaxd................................ Chamber of.._.. .......Commerce.... n _...._...._.......... .... ......_........_._........ ._............................ bY_ .__..._...._...__....................................... .... _.__................... John E. Cook 3Qk�c� k...23�,, . '�,� C _......._...................... .... ..........................._ Pres degot....._..._.....................................................