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City Council Packet - 07/13/1987 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate BUSINESS AGENDA (CAN) sign-up sheet(s). If no sheet is available, JULY 13, 1987, 6:30 P.M. ask to be recognized by the Chair at the start o TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are +� 13125 SW HALL BLVD. asked to be to 2 minutes or less. Longer matters H TIGARD, OREGON 97223 can be set for a future Agenda by contacting either the Mayor or City Administrator. 6:30 o STUDY SESSION - 6:30 p.m. 7:30 1. BUSINESS MEETING - 7:30 p.m. 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non-Agenda Items 7:35 2. VISITOR'S AGENDA (2 Minutes or Less Per Issue, Please) 7:10 3. KEYS TO THE CITY AND RESOLUTION OF APPRECIATION - MEL WALKER - RESOLUTION NO. 87�_ o Mayor Brian rLCIQ ord- 1. - i\-e-s LL -;L - 2? 16L 3a. ,�an:s *n , 7:55 4. TIGARD MUNICIPAL CODE AMENDMENT - PRIVATE LAND AUTO SALES - ORDINANCE NO. 87-34 (Second Reading) o Community Development Direc*n. 4 %A(•t et 8:00 5. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT - ZOA 87-02 - SECTION 18.114.145 - SIGN CODE EXCEPTION CRITERIA Amendments to the Sign Code Exception criteria contained in 'ilgard Municipal Code, Section 18.114.145. o Public Hearing Opened 6 Motion To Continue To 7/27/87 8:05 6. PUBLIC HEARING - ZONE CHANGE AMENDMENT - ZCA 87-13 (OGLE), NPO M6 A request by the City of Tigard to change the zoning on a 1.75 acre parcel from Washington County R-5 to City of Tigard R-4.5. The property is located at 16740 and 16750 SW 108th AVE. (WCTM 2S1 15AD lot 600). o Public Hearing Opened --- - •--•-�-^^- - o Declarations Or Challenges o Summation By Community Development Director o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Director o Council Questions Or Comments o Public Hearing Closed o Consideration By Council: Ordinance No. 8717 8:20 7. PUBLIC HEARING - AMEND ORDINANCE NO. 87-29; ZONE CHANGE ANNEXATION - ZCA 87-10 - HWY 217 - COUNCIL INITIATED, NPO 02 A request by the City of Tigard to change the zoning designation from Washington County R-9 to City of Tigard R-12 on WCTM 1S1 35AC lots 100, 1700, 2300, 2400, 2700, 4600, and 4700; and from Washington County R-5 to City of Tigard R-4.5 on WCTM 1S1 35CA lots 101, 102, 103, 200, 201, 202, and 203; WCTM 1S1 35DB lots 8500 and 8600; and WCTM 1S1 35DA lots 2600, 2601, 2602 and 2603. o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Director o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Director o Council Questions Or Comments o Public Hearing Closed o Consideration By Council: Ordinance No. $7,39 SM 8. PUBLIC HEARING - BUSINESS LICENSES AND REGULATIONS TIGARD MUNICIPAL CODE AMENDMENT - SECTION 5.04.055 A request by the City of Tigard to amend Section 5.04 of the Tigard Municipal Code to add section 5.04.055 regulating Business Tax for Temporary Uses. o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Director o Public Testimony: Proponents, Opponents, Cross Examination .o Recommendation By Community Development Director o Council Questions Or Comments o Public Hearing Closed I Consideration By Council: Ordinance No. 87— 7. COUNCIL AGENDA - JULY 13, 1997 - PAGE I 805 9• S.W. 135th LID - ENGINEER'S REPORT - RESOLUTION OF INTENT - RESOLUTION NO. 87-12L o City Engineer 8:40 30. 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: 10.1 Approve Council Minutes - May 18, June 22, 1987 10.2 REPORTS - Receive and File: a. Solar Access Update b. Durham Road Construction Schedule Report 10.3 Receive and File: a. Council Meeting Calendar b. FY 8,7-88 Work Plans 10.4 Approve WCCLS Contract - Resolution No. 87 10.5 Approve WILI Contract - Resolution No. 87-_ 10.6 Support need to update Regional Solid Waste Management Plan as proposed by Metropolitan Service District - Res. No. 87 10.7 Approve FY 86-87 Audit Contract - Coopers 6 Lybrand 10.8 Approve FY 87-88 Management/Professional Pay Plan 10.9 Recess Council Meeting; Convene Local Contract Review Board Meeting, Ratify 6/25/87 Phone Poll Authorizing Bid Award For Public Works Vehicle Purchase (One-ton, cab chassis with two yard contractor dump bed); Adjourn Local Contract Review Board Meeting; Reconvene Council Meeting 2r»oved f'u 30✓ 10.10 Approve 'Janis Youth' Final Order - Resolution No. 87-_ 10.11 Approve Dartmouth LID Public Hearing for 8/3/87 - Res. 10.12 Approve Metzger CIP Study Task Force Appointmonts 6 Amendments For Terms Of Office - Resolution No. 87- 10 10.13 Approve Call For Public Hearing - SW 70th 6 Gonzaga Street vacation - Resolution No. 87-LSL 8:45 11. NON-AGENDA ITEMS: From Council and Staff 8150 12. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), 6 (h) to discuss labor relations, real property transactions, and current and pending litigation issues. 9:00 13. ADJOURNMENT ew/4671A 1 COUNCIL AGENDA - JULY 13, 1987 - PAGE 2 '� '' •R T I G A R D C I T Y C O U N C I L ! v ' � • REGULAR MEETING MINUTES — JULY 13, 1987 — 6:35 P.M. 1. ROLL CALL: Present: Mayor Tom Brian; Councilors: Carolyn Eadon, Valerie Johnson, and John Schwartz; City Staff: Bob Jean, City Administrator; Keith Liden, Senior Planner; Bill Monahan, Community Development Director; Tim Ramis, Legal Counsel; and Catherine Wheatley, Deputy City Recorder. 2. STUDY SESSION a. Community Development Director and City Administrator discussed with Council the Janis Youth Agenda Item, noting there is still question on the part of the neighbors as to the type of facility which is being placed at the site. City Administrator noted the question before Council now is a land use decision and not a licensing decision. Senior Planner Liden added the issue is whether or not to require the Janis Youth people to go through a Site Development Review process or be subject to conditional—use criteria. Council consensus was that adoption of the resolution presented in the Council packet would result in initiating the Site Development Review Process. This process could incorporate neighborhood concerns (NPO meetings would be hefd) . Council consensus was to pull this item from Consent Agenda and discuss after the presentation of employee awards. b. City Administrator noted the joint Tigard—Tualatin City Council meeting scheduled for July 20, 1987. C. There was discussion on the S.W. 135th LID report. Consensus of Council was to receive the engineer's report and consider a resolution of intent on the project. No further public testimony would be received. d. Council discussion on calendar scheduling was held. City Administrator noted possible quorum problems during August and requested Council advise staff of any changes as soon as possible. e. Community Development Director updated Council on the Moyer Theater project. There was discussion by Council on the impact of traffic in the 72nd Avenue—Villa Ridge area. f. Councilor Schwartz requested that Item 10.8 — approval of Management/Professional Pay Pian for FY 87-88 — be removed from the Consent Agenda for separate discussion. Business Meeting called to order at 7:30 p.m. Page 1 — COUNCIL MINUTES — JULY 13, 1987 o- i • 3. CALL TO STAFF AND COUNCIL FOR NON-00=4 VIM a. City Administrator advised that during the Study Session, Council consensus was to pull Item 10.10 (Janis Youth Final Order) from 1(` the Consent Agenda. This item will be considered after the presentation of employee recognition awards. b. Item 10.8 (Approval of FY 87-88 Management and Professional Pay Plan) — City Administrator advised this item was also to be pulled from the Consent Agenda for separate discussion. 4. VISITOR'S AGENDA a. John Drennan, 11495 S.W. Greenburg Road, Tigard, Oregon spoke on the Janis Youth project. Mr. Drennan submitted, for the record, a photograph of one of the residents of the Janis Youth Home and two Tigard police officers in f-rcnt of the youth facility. He noted concerns which included the need for proper fencing and the number of people living at the facility. b. Margaret Davis, 11470 S.W. Greenburg Road, Tigard, Oregon, also entered testimony on the Janis Youth facility; she does not want it in the neighborhood. She said that she had lived at this address for 30 years and the last year has been very difficult because of this facility. C. Dennis Morrow and Barbara Hutsell, both from the Janis Youth Program, testified. They advised that this facility is riot a "halfway house," it is for temporary shelter, and no child is placed in the home as a result of criminal behavior. Janis Youth does have another residential treatment center for children who have exhibited delinquent behavior. 5. EMPLOYEE RECOGNITION a. Mayor Brian presented a plaque to the following employees who have completed five years of service with the City of Tigard: Randy Clarno Bob Jean Diane Jelderks Bill Monahan Steve Rivett Mel Walker (Also receiving 5—year awards were the following individuals who were unable to attend: Carol Guarnero, George Ann Miller, Ben Tracy) . b. Mayor announced a special recognition for Melvin Walker in the form of a resolution: R Page 2 — COUNCIL MINUTES — JULY 13, 1987 ELVIN RESOLUTION NO. 87-99 A RESOLUTION HONORING AND COMMENDING WALKER FOR DEDICATED SERVICE TO THE CITIZENS OF TIGARD. (Deputy Recorder read the title and body of the Resolution.) Approved by a unanimous vote of Council present. C. Mayor presented plaques to the following employees who have completed 10 years of service with the City: Irene Ertell Billie Rawlings Russell Williams (Also receiving 10-year awards were the following individuals who were unable to attend the meeting: Robert Landis, Pat Robertson, Teresa Killion, Joe Grisham, Paul Johnson.) d. Mr. John Newman was scheduled to receive recognition for 15 years of service with the City, but was unable to attend the meeting. e. Ed Walden, former Building Official for the City of Tigard, retired effective July 1, 1987. Mayor presented Mr. Walden with a Tigard Windmill plaque as special recognition for his 11 years of service with the City of Tigard. 6. JANIS YOUTH FINAL ORDER a. City Attorney noted this agenda item had not been scheduled as a public hearing; therefore, no public testimony should be received. He also noted Council is not considering whether or not to deny the use, rather, they are reviewing the Director's Decision which required a Site Development Review for a group care facility. The Site Development Review process will not preclude an opportunity for neighbors to give input and/or attaching conditions as a result of concerns by community members. b. Council consensus was, if either Site Development Review or Conditional Use processes are utilized, then a meeting with the NPO in the area should be scheduled. Property owners within 250-feet of subject youth home shall be notified of date and time of the NPO meeting. Concerns of the neighbors shall be incorporated in the Site Development Review or the Conditional Use Permit. C. There was Council discussion on the agenda item. Consensus was for concurrence with Staff's conclusion that this is a group care facility and, therefore, subject to a site development review. Two limitations to be included in the site development review requirements would be: 1. The limitation of the number of residents in the home to 14 people. 2. No child shall be placed in the youth home from a detention facility as a result of past criminal behavior. Page 3 - COUNCIL MINUTES - JULY 13, 1987 i Mayor asked Mr. Morrow of Janis Youth if he had any objections to the above limitations. Mr. Morrow did not respond with any objections. Mayor noted there is a 10—day appeal period wherein the � . Director's Decision (Site Development Review requirements) can be appealed to the Planning Commission. d. RESOLUTION 87-100 A FINAL ORDER IN THE MATTER OF THE REQUEST FOR REVIEW OF AN INTERPRETATION OF A DIRECTOR'S DECISION REQUESTED BY JANIS YOUTH PROGRAMS, INC. (M 16-86) DENYING THE REQUEST, ENTERING FINDINGS AND CONCLUSIONS. e. Motion by Councilor Johnson, seconded by Councilor Eadon, to approve Resolution 87-100. Approved by a unanimous vote of Council present. 7. TIGARD MUNICIPAL CODE AMENDMENT — PRIVATE LAND AUTO SALES a. Mayor explained to Councilor Schwartz (who was not at the June 22, 1987 meeting when this issue was last discussed) that proposed Ordinance No. 87-34 sought to stop the problem of the number of automobiles being displayed for sale along highways in the City. This Ordinance would allow staff to cite property owners for allowing the display of more than one vehicle for sale on a property. b. Community Development Director advised the City of Tigard has had a problem with vehicles for sale on almost every vacant lot on Pacific Highway and elsewhere. The Police Department can presently enforce City codes to prohibit parking on public streets and public rights—of—way. C. There was discussion by Council on this item. Councilors Eadon and Johnson expressed the need for property owners to monitor their properties and be aware of liability issues with regard to such uses. Mayor Brian and Councilor Schwartz expressed desirability of contacting property owners and solicit voluntary compliance and questioned the enforceability of the proposed ordinance. d. ORDINANCE NO. 87-34 F,N ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 10.28 TO INCLUDE THE REGULATION OF VEHICLE SALES ON PRIVATE PROPERTY. e. Motion by Councilor Eadon, seconded by Councilor Johnson, to adopt Ordinance No. 87-34. A roll call vote was taken; Councilors Eadon and Johnson voted "Aye," and Mayor Brian and Councilor Schwartz voted "Nay." The motion was defeated; the proposed Ordinance No. 87-34 was not adopted. f. City Attorney advised he will determine if a third reading is necessary. Councilor Edwards, at the last meeting voted in favor of this Ordinance, but was not present to vote on second reading. Page 4 — COUNCIL MINUTES — JULY 13, 1987 i ` g• Mayor Brian asked staff to contact the property owners for voluntary compliance. t� (Council Eadon left the meeting - 8:27 p.m.) 8. PUBLIC HEARMC - Z03N= ORDINANCE - 7OP 87-02 - SECTION 18.114.145 - SIGN CODE EXCEPTION CRITERIA Amendments to the Sign Code Exception criteria contained in the Tigard Municipal Code, Section 18.114.145. a. Motion by Councilor Johnson, seconded by Councilor Schwartz, to continue the Public Hearing to July 27, 1987. Approved b a unanimous vote of Council present. PP Y 9. PUBLIC HEARING - ZONE CHANGE AMENDMENT - ZCA 87-13 (OGLE), NPO M6 A request by the City of Tigard to change the zoning on a 1.75 acre parcel from Washington County R-5 to City of Tigard R-4.5. The property is located at 16740 and 16750 SW 108th AVE. (WCTM 2S1 15AD lot 600). a. Public Hearing Opened. b. There were no declarations or challenges. (Counilor Eadon returned to the meeting - 8:30 p.m.) C. Community Development Director synopsized. On June 15, 1987, the q City Council held a public hearing to consider forwarding an annexation of 1.75 acres to the Portland Metropolitan Area Local Government Boundary Commission. The Council adopted the resolution forwarding the annexation proposal, but did riot formally adopt the ordinance to change the zoning. Included in the Council packet was an Ordinance which, if approved, changes the zoning from Washington County R-5 to City of Tigard R-4.5 in conformance with the City's adopted Comprehensive Plan. d. Public Testimony - There was no one signed in to speak on this 1 issue. e. Community Development Director recommended adoption of the ordinance to change the zoning designation from R-4 to R-4.5. f. Public Hearing Closed. r g. ORDINANCE NO. 87-37 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 87-13) (OGLE) AND DECLARING AN EFFECTIVE DATE. h. Motion by Councilor Eadon, seconded by Councilor Johnson, to adopt Ordinance No. 87-37. Adopted by a unanimous vote of Council present. Page 5 - COUNCIL MINUTES - JULY 13, 1987 I 10. PUBLIC HEARING — AMEND ORDINANCE NO, 87-29; ZONE CHANK ANNEXATZON = ZCA 87-10 - HWY 217 - COUNCIL INITIATED, NPO #2 A request by the City of Tigard to change the zoning designation from Washington County R-9 to City of Tigard R-12 on WCTM 1S1 35AC lots 100, 1700, 2300, 2400, 2700, 4600, and 4700; and from Washington County R-5 to City of Tigard R-4.5 on WCTM 1S1 35CA lots 101, 102, 103, 200, 201, 202, and 203; WCTM 1S1 35DB lots 8500 and 8600; and WCTM 1S1 35DA lots 2600, 2601, 2602 and 2603. a. Public Hearing Opened. b. There were no declarations or challenges. C. Community Development Director summarized. On June 8, 1987, the City Council held a public hearing to consider forwarding the Highway 217 Island annexation to the Boundary Commission. The resolution was adopted as was an ordinance to assign City zoning designations to the property. It has been determined that discrepancies exist between City and County records relating to the zoning on portions of the property. Included with the Council packet was an ordinance written to amend Ordinance 87-29 which would correct the discrepancies. d. Public Testimony Opponents o Stanley Anderson, 10970 S.W. 95th Avenue, Tigard, Oregon 97223, expressed concern with the proposed R-12 zoning for his property. He commented on the problems of increased potential for noise and air pollution which would make the area less liveable. Mayor advised Mr. Anderson the City is obligated to rezone property to the nearest compatible zoning designation as was zoned while in the County. County zoning for this area was R-9. o Marianne Ryan, 11145 S.W. 95th Avenue, Tigard, Oregon, 97223 testified she would like her property to remain as R-9 and does not understand why it was being rezoned to R-12. Councilor Johnson explained the agreement between the City and Washington County with regard to rezoning newly annexed properties. City and County zones are not identical. However, the City has agreed to try to match the new zoning as closely as possible with the former County zoning. City Administrator commented that property owners may initiate a rezoning proposal once the property is within the City. Senior Planner Liden should be contacted by the property owners for advice on this process. e. Community Development Director recommended the adoption of the ordinance amending Ordinance No. 87-29 correcting discrepancies as previously noted. Page 6 - COUNCIL MINUTES - JULY 13, 1987 f. Public Hearing Closed. g. ORDINANCE NO. 87-38 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO AMEND ORDINANCE NO. 87-29 APPROVING A ZONE CHANGE (ZCA 87-10) (217) AND DECLARING AN EFFECTIVE DATE. h. Motion by Councilor Eadon, seconded by Councilor Schwartz, to adopt Ordinance No. 87-38. Adopted by a unanimous vote of Council present. 11. PUBLIC IEA - BUSINESS LICENSES AND REGULATIONS TIGARD MUNICIPAL CODE AMENDMENT - SECTION 5.04.055 A request by the City of Tigard to amend Section 5.04 of the Tigard Municipal Code to add section 5.04.055 regulating Business Tax for Temporary Uses. a. Public Hearing Opened. b. There were no declarations or challenges. C. Community Development Director summarized. At the June 15, 1987 City Council meeting, after a presentation from Tigard Promotions, Inc. , the Council requested staff to propose a modification to the Business Tax requirements in conjunction with a Temporary Use. Included in the Council's packet was an ordinance which proposed payment of one Business Tax for all businesses to be conducted in conjunction with a Temporary Use. d. Public Testimony - There was no one present to testify on this public hearing item. e. Community Development Director recommended adoption of the Ordinance included in the Council's packet. f. Public Hearing Closed. g. ORDINANCE NO. 87-39 AN ORDINANCE AMENDING SECTION 5.04 OF THE BUSINESS LICENSES AND REGULATIONS (TITLE 5 - TIGARD MUNICIPAL CODE); AND DECLARING AN EMERGENCY. h. Motion by Councilor Schwartz, seconded by Councilor Johnson, to adopt Ordinance No. 87-39. Adopted by a unanimous vote of Council present. 12. S.W. 135th LID - ENGINEER'S REPORT - RESOLUTION OF INTENT a. City Engineer summarized the history of this agenda item and the proposed action before Council at this meeting. The necessary documents for an LID of reduced scope, with two boundary options were available for consideration once Council has chosen the preferred option. These options were outlined in the City Engineer's memorandum of July 1, 1987 and distributed in the Council packet. Page 7 - COUNCIL MINUTES - JULY 13, .987 b. Council discussion followed on the options available. Councilor Johnson questioned whether progress has been made on the issue where some property owners face hardship because they own larger parcels and, subsequently, have a high assessment for this LID. C City Engineer reported this has been discussed, but no decision had been reached. Councilor Eadon suggested consideration of the Resolution denoted as "B-2" with an understanding that a public hearing would be set to allow discussion of all aspects of the issue. Councilor Schwartz concurred. C. There were residents at the meeting who wished to present petitions containing signatures from 59 households in the area. Council consensus was they would accept the petition into the record; however, no public testimony would be heard as this item was not advertised as a public hearing. Council consensus was that there has been ample time to receive public testimony throughout the process which was initiated several months ago. f. RESOLUTION NO. 87-101 A RESOLUTION DECLARING THE INTENT TO FORM A LOCAL IMPROVEMENT DISTRICT TO CONSTRUCT STREET IMPROVEMENTS ON SW 13TH AVENUE AND TO HOLD A PUBLIC HEARING, AMENDING THE PRELIMINARY ENGINEER'S REPORT, AND DIRECTING THAT NOTICE OF THE HEARING BE GIVEN. g. Motion by Councilor Eadon, seconded by Councilor Johnson, to approve Resolution No. 87-101. Approved by a unanimous vote of Council present. 13. CONSENT AGENDA Motion by Councilor Johnson, seconded by Councilor Eadon, to consider the following Consent Agenda, with Items 13.8 and 13.10 pulled for separate consideration: 13.1 Approve Council Minutes — May 18, June 22, 1987 13.2 REPORTS — Receive and File: a. Solar Access Update b. Durham Road Construction Schedule Report 13.3 Receive and File: a. Council Meeting Calendar b. FY 87-88 Work Plans 13.4 Approve WCCLS Contract 13.5 Approve WILI Contract 13.6 Support need to update Regional Solid Waste Management Plan as proposed by Metropolitan Service District — Res. No. 87-102 13.7 Approve FY 86-87 Audit Contract — Coopers & Lybrand 13.8 Approve FY 87-88 Management/Professional Pay Plan — Pulled from Consent Agenda and considered separately after Executive Session 13.9 Recess Council Meeting; Convene Local Contract Review Board Meeting; Ratify 6/25/87 Phone Poll Authorizing Bid Award For Public Works Vehicle Purchase (One—ton, cab chassis with two yard contractor dump bed); Adjourn Local Contract Review Board Meeting; Reconvene Council Meeting Page 8 — COUNCIL MINUTES — JULY 13, 1987 13.10 Approve 'Janis Youth' Final Order - Removed and considered separately - see Item 6 in these minutes. 13.11 Approve Dartmouth LID Public Hearing for 8/3/87 - Res. U87-103 13.12 Approve Metzger CIP Study Task Force Appointments & Amendments For Terms Of Office - Resolution No. 87-104 13.13 Approve Call For Public Hearing - SW 70th & Gonzaga Street Vacation - Resolution No. 87-105 Approved by a unanimous vote of Council present. 14. NON-AGENDA ITEMS a. Councilor Johnson noted she had received positive responses about the City's 4th of July Celebration. Mayor advised he also had received positive responses. About 4-5,000 people attended the festivities. There is support for the City to do this again. 15. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 9:18 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. Mayor advised Council may reconvene the business meeting to take action on the FY 87-88 Management/Professional Pay Plan. Business meeting of Council reconvened at 10:30 p.m. 16. Motion by Councilor Eadon, seconded by Councilor Johnson, to approve a 3% increase and adopt the proposed FY 87/88 Management/Professional Pay ® Plan. FY 87/88 Management/Professional Pay Plan was adopted by a vote of 3-0-1; Councilor Schwartz abstained from voting. 17. ADJOURNMENT: 10:34 p.m. Approved by the Tigard City Council on Iita_d -r - 31 1987. Deputy Recorder - City of Tigard 0 ATTEST: Mayor - City of Tigard CW/0399D l Page 9 - COUNCIL MINUTES - JULY 13, 1987 TIMES PUBLISHING COMPANY N ii fe7-6135 P.O.BOX 370 PHONE(503)684-0360 BEAVERTON,OREGON 97075 + Legal Notice Advertising �`" • 13Tearsheet Notice • City of Tigard • PO Box 23397 • ❑ Duplicate Affidavit Tigard, OR 97223 • AFFIDAVIT OF PUBLICATION STATE OF OREGON, )ss COUNTY OF WASHINGTON, ) I, Anne Jean being first duly sworn, depose and sat gaaran ame Sensing Director, or his principal clerk, of the a newspaper of general circulation as defined in ORS 193.010 and 193.020; published of Ti ward in the afores�e tc�ur�t��c>csltlite;that the a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for successive and consecutive in the following issues: Subsc bed ggTiWorkto before me this 8 otary Public for Oregon Wyjit�'sion ExliiA�s9—moo-8 8 ,. y AFFIDAVIT w., x Yee• .f'Y'rf .#�.�•' .5 y.. 7'S 3r CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed 0''Di na'oCGS STATE OF OREGON ) County of Washington } ss City of Tigard ) /Pti �yJ, 55/4(L7 ( being first duly sworn, on oath, depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) 3 7 e;1- 3d' 9 7- 3 1 which were adopted at the Council Meeting dated copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the 1/_, day of -IT-C,., /N . 1987 1. Tigard Civic Center, 13125 S.W. Hall Blvd. , Tigard, Oregon. 2. U.S. National Bank, Corner of Main and Scoffins, Tigard, Oregon 3. Safeway Store, Tigard Plaza, S.W. Hall Blvd. , Tigard, Oregon tk Subscribed and sworn to before me this day of 19?7 CS,AP Notary Public for Oregon My Commission Expires: _ - ;;t 0o -87 CITY OF TIGARD, OREGON ORDINANCE NO. 87-3,r-/ AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 87-13) (OGLE) AND DECLARING AN EFFECTIVE DATE. WHEREAS, Patricia Ogle filed a request to annex land into the City of Tigard; and WHEREAS, Planning staff has recommended a zoning designation of R-4.5; and WHEREAS, Washington County has maintained a zoning designation of R-5 on the property; and WHEREAS, the City Council held a public hearing on June 15, 1987 to consider the annexation request and to consider zoning designations for the property; and WHEREAS, on June 15, 1987 the City Council approved a resolution forwarding the annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the designation of Tigard City zone was not acted upon when the property was annexed. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The recommendation of the Planning staff is consistent with the City's Comprehensive Plan Land use map and Policy 12.1.1 of the City's Comprehensive Plan. Section 2: As shown in exhibit A, Washington County Tax Map 2S1 15AD lot 600, shall be zoned R-4.5. Section 3: This ordinance shall become effective upon filing of the annexation final order for the subject property with the office of the Secretary of State. PASSED: By /;GCFIrl7?;�ll,.rj vote of all Council members present after being read by number and title only, this /. day of 1987. Cit Recorder �{. / v►erine W�►e ity APPROVED: This 1' day of *JAIL44, 1987. -71-z-7 Thomas M. Brian, Mayor �.n JA:cn/3262P ORDINANCE NO. 87- 32 Page 1 "A " 251 15 AD 4G� . T '00 83' S4' S4' 65' ?i,165.27 153' 65 4000 4100 4200 4300 W ' 4400 N 89°49'21"E900 27 7600 3800 b z °/2AC. m 23- 0 24 a 25 0 26 - 1oo' 20 w 4500 n m 19 , 44.35 o Ate? Q 2? n P �+o /O" h� „ 1 1875 Sq' 45' Opti e p TRACT •A" 4600 w S W < DO V ER CTOR 29 250,.-90--- --- 55 3l4 p 29.75 85 O ?3500 4700 Q 30 5 89048'21"W 6990 5902 3600 "' 16 ;° 366.90 3700 105' M _ s e9 56' E 30 . ., N m 3400 I N 4800 N a Pi 17� TU 15 31 c 700 18 C10 o /.90 AC. - l e los' a loo' (D \" . 3300 0 4900 0 m ., N e80 51'37"W 16 14 32 m 90 e6 . 80' 11436 i3 in o 140.50 n yQz3o ao C � N F e 6 500 40' 1 /./9 AC. ss es 54.73 400' b. 3200 s i r53100 C, , 800 ' 13 12 N /./3 AC. 23-:17 r-) - ' N N W L L J W J l J 1 = 60 6e.le c ,V _ 66.28_ o r 7700 2.19 Ac. 4 , �°� 1000 ,) -140' 900 ° .74 AC. x t 2.55 AC. �\�J c .• r O O V h f O 40. m a 7 i in 4 a 400' .1 1 e9 90 T L AKIN r� � 1 i i 40' 1500 .97 AC 15! 1400 1 1.59 AC. 1100 /.16A6AC. W /.2/AC. f N h � \ v N � CITY OF TIGARD, OREGON ORDINANCE NO. 87— ND NCE AN ORDINANCEOADOPTING FINDNS AND NE CHANGE (ZCA 87G 10) (21 )NAND DECLARING ANCLUSIONS TO EEFFECTIVE A 87-29 DATE. APPROVING A Z Council held a public hearing on June 8, 1987, to consider WHEREAS, the City t and to consider zoning designations for the property; the annexation reques and WHEREAS, on June 8, 1987 the City Council approved a resolution forwarding the a Local Government annexation nd rovedrnaordinance Nond . 87 -29eBoundary to the to approve a zone change upon Commission a ap pp annexation of the area; and WHEREAS, discrepancies exist between the County and City records related to zoning on the subject properties which need to be corrected; and WHEREAS, the City Council held a public hearing on July 13, 1987 to correct the discrepancies; and WHEREAS, the zoning district designations recommended by the Planning staff as set forth in Section 1 below are those which conform to those designations assigned to the properties on the ComprehensivesPlanLa ciesscontained Map pied the by the City of Tigard and will correct existing d record. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Section 1 of Ordinance No. 87-29 is hereby amended to read as follows: "The recommendation of the Planning staff as set forth below is consistent with the City's Comprehensive Plan Land Use Map and Policy 10.1.2 of the City's Comprehensive Plan. "Tax Map/Tax Lot Number Current Zoning Proposed Zoning SS1 35AC 100 Wash. Co. R9 City R12 R9 City R12 Wash. Co. 1S1 35AC 1700 1S1 35AC 2300 Wash. Co. R9 City R12 1S1 35AC 2400 Wash. Co. R9 City R12 1S1 35AC 2500 Wash. Co. R9 City R12 1S1 35AC 2600 Wash. Co. R9 City R12 iSl 35AC 2700 Wash. Co. R9 City R12 Co. R9 City R12 ISI 35AC 4600 Wash. 1S1 35AC 4700 Wash. Co. R9 City R12 Wash. Co. R5 iSi 35CA 101 City R4.5 ISI 35CA 102 Wash. Co. R5 City R4.5 1S1 35CA 103 Wash. Co. R5 City R4.5 Wash. Co. R5 City R4.5 1S1 35CA 200 R4.5 ISI 35CA 201 Wash. Co. R5 City Wash. Co. R5 City R4.5 ISI 35CA 202 City R4.5 iS1 35CA 203 Wash. Co. R5 ORDINANCE NO. 87— Page 1 • "Tax Map/Tax Lot Number Current Zoning Proposed Zoning 1S1 35D6 8500 Wash. Co. R5 City R4.5 1S1 35DB 8600 Wash. Co. R5 City R4.5 1S1 35DA 2600 Wash. Co. R5 City R4.5 1S1 35DA 2601 Wash. Co. R5 City R4.5 1S1 35DA 2602 Wash. Co. R5 City R4.5 1S1 35DA 2603 Wash. Co. R5 City R4.511 Section 2: This ordinance shall become effective upon filing of the annexation final order with the office of the Secretary of State. PASSED: By ( }nan*, Ir-ou S vote of all Council members. present after being read by number and title only, this day of 1997. 'ju), patL Lnr�p.?,r-S:f ^n, City Recordef 6' r,14Cr IV—Z- 4A k6)Htjey � Llcput� APPROVED: This day of A 1987• Thomas M. Brian, Mayor DR:kr/3223P ORDINANCE NO. 87— 3S Page 2 I CITY OF TIGARD, OREGON �. ORDINANCE NO. 87--� j I I AN ORDINANCE AMENDING SECTION 5.04 OF THE BUSINESS LICENSES AND REGULATIONS ! (TITLE 5 TIGARD MUNICIPAL CODE); AND DECLARING AN EMERGENCY. WHEREAS, the City Council has enacted a Business Licenses and Regulations Ordinance, TMC Title 5; and i WHEREAS, the Business Licenses and Regulations Ordinance provides requirements for payment of a tax to conduct business within the City of Tigard on a temporary or permanent basis; and WHEREAS, the City Council of the City of Tigard wishes to modify the requirements for payment of a tax to conduct business on a temporary basis; THE CITY OF TIGARD ORDAINS AS FOLLOWS: I Section 1: Tigard Municipal Code Section 5.04.055 is added to read as follows: '15.04.055 Business Tax for Temporary Uses "a.) For purposes of this chapter, a Temporary Use sr, be defined as a use which is operated by a non-profit enti.,y, permitted in the zone in which it is located and has a valid temporary use permit. "1.) The tax required under this section shall be paid upon submittal of the Temporary Use application. "b. ) The amount of the tax shall be $50.00 for every seven consecutive calendar days or portion thereof during which the business or businesses operate in conjunction with a valid Temporary Use permit. "c.) In addition to payment of the required tax a list of all businesses conducted io# conjunction with the event shall be submitted to the Planning Staff seven days prior to the starting date of the event. Only those businesses named on the approved list submitted as required in (2) above will be allowed to operate." Section 2: Inasmuch as it is necessary for the peace, health and safety of the people of the City of Tigard that this amendment be made with the least possible delay, an emergency is hereby declared to exist, and this ordinance shall be come effective immediately upon passage by the Council, approval by the Mayor, and posting'by the Recorder. PASSED: By (>f)6o"IAl ou-57 vote of all Council members present after being read by number and title only, this day of �. ,-1 1987. Cathy Wh tley, Deputy C y Recorder APPROVED: This ) 3day of -Qtik-LA4 1987. Thomas M. Brian, Mayor EAN:cn/3332P ORDINANCE NO. 87- DATE I wish to testify before the Tigard City Council on the following item: nn (Please print the information) Item Description 1.1 fE 4fte- ►" � ��-��`P,�•��a r� �r�� 'its: •"�rrf t_C-.. ��tip` :;w..�;Q�._ C�:�-tli�.Yl� Proponent (For Issue) opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation DATE 7/0 N-'? / I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation DATE I wish to testify before the Tigard City Council on the following item: (Please print the information) 4 Item Description: � '° o- g /�'rn P55°Z:.s[PRSPS '��'cG�i.cf�;°,R�ECS�tcu1(OttS i�CirG� r. Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation ;z �M a CITY OF TIGARD, OREGON '^ COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 13, 1987 DATE SUBMITTED: July 6, 1987 ISSUE/AGENDA TITLE: Keys to City PREVIOUS ACTION: OK :RREQUESTED EPARED BY: Marcha K. Hunt DEPT HEAD OK CITY ADMIN BY: POLICY ISSUE The City of Tigard recognizes its employees annually with awards for length of service to the City. S INFORMATION SUMMARY The following is receiving a gold key tie tac for 15 years of service: John Newman, Police Department. The following persons are receiving key plaques for 10 years of service: Robert Landis and Russell Williams, Public Works Department; Teresa Killion, Joseph Grisham and Paul Johnson, Police Department; Pat Robertson, Community Services; Irene Ertell, Library; and Billie Rawlings, Community Development. The following persons are receiving framed keys to the city for 5 years service: Carol Guarnaro, Police Department; George Ann Miller, Library; Steve Rivett and Melvin Walker, Public Works; Bob Jean, City Administration; Diane Jelderks, Randy Clarno, Bill Monahan and Benjamin Tracy , Community Development. ALTERNATIVES CONSIDERED Not Applicable. FISCAL IMPACT Not Applicable. SUGGESTED ACTION Presentation of Awards. ED 15 Years Mr. John Newman 12235 S.W. 72nd Tigard, OR 97223 10 Years Mr. Robert Landis Mrs. Irene Ertell 140 N.W. Rachel 1511 Marylhurst Drive Hillsboro, OR 97124 West Linn, OR 97068 Ms. Pat Robertson Mr. Paul Johnson 14212 S.W. 112th, #8 11655 S.W. Allen Blvd. , # 1 Tigard, OR 97224 Beaverton, OR 97005 Mrs. Teresa Killion Mrs. Billie Rawlings 14840 S.W. 83rd 11436 S.W. 115th Avenue Tigard, OR 97223 Tigard, OR 97223 Mr. Joe Grisham Mr. Russell Williams 12940 S.W. 107th Court 22945 S.W. Johnson Tigard, OR 97223 Beaverton, OR 97005 5 Years Ms. Carol Guarnero Mr. Bob,Jgan 18407 Deer Oak Circle 9230 S.W.. Hill Street Lake Oswego, OR 97034 Tigard, OR 97223 Mrs. George Ann Miller Mr. Randy Clarno 8304 S.W. Davies Court 10900 S.W. 76th Place Portland, OR 97223 Tigard, OR 97223 Mr. Steve Rivett I Mr. Bill Monahan Rt. 5, Box 64 10045 S.W. Serena Way Sherwood, OR 97140 Tigard, OR 97224 Mr. Melvin Walker Mr. Ben Tracy 13260 N.E. Red Hills Road 10828 S.W. 62nd Newberg, OR 97132 Portland, OR 97219 Ms. Diane Jelderks 10045 S.W. Garrett Tigard, OR 97223 1 1 Special Ed Walden Route 5, Box 53 Sherwood, OR 97140 i E 7-/3-87 3> For See Coun� � I i in c� C CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 13 1987 DATE SUBMITTED: July 6, 1987 ISSUE/AGENDA TITLE: Janis Youth PREVIOUS ACTION: City Council Review Programs, Director's Interpretation May 18 1987 `/- PREPARED BY: M 16-86 Keith Liden Senior Planner A Tal REQUESTED BY: DEPT HEAD OK CITY ADMIN OK _..__�_ '1 OLICY ISSUE INFORMATION SUMMARY On March 9, 1987, the Council upheld the Director's interpretation n erprecat o thatntialJanis Youth Programs' operations on Greenburg Road is a "group was use. Prior to adoption of the final facilityrder, additional was a halfway houseormation and that the submitted which indicated that this applicable, The staff has obtained further "group residential" use is more app information for Council considerationand May 18 youth th udPrograms.ing a Previ ously State Children Services Division is submitted information is also attached along with the Site Development Review y' and Conditional Use approval criteria. ALTERNATIVES CONSIDERED 1. Uphold the Director' s interpretation. 2. Determine that the use fits the "group residential" definition in the Code. FISCAL IMPACT SUGGESTED ACTION 1. Uphold the Director's interpretation and adopt the attached resolution. cn/1434W I f MEMORANDUM g CITY OF TIGARD, OREGON T0: City Council / July 7, 1987 FROM: Keith Liden, Senior Planner SUBJECT: Janis Youth Programs On March 9, 1987, the Council held a public hearing to determine whether the existing youth shelter facility located at 11490 SW Greenburg Road should be classified as a "group residential" or "group care residential" facility as defined in Section 18.42.020(a) of the TMC. Based upon the testimony presented, the Council determined that the use should be considered as a "group care residential" facility and directed staff to prepare a resolution upholding the Director's interpretation of this issue. After the hearing, additional information was submitted which caused the Council to request verification regarding the circumstances under which youths would be placed in the facility. In response to this request, we have received a memo from Janis Youth Programs and a letter from the Children's Services Division which contracts with Janis Youth to provide the service (letters attached). I talked with Garrold Shurtz from the Children's Services Division on April 28 for further clarification regarding the circumstances surrounding the placement of youths in the facility. I was told that children placed here have primarily been subject to abuse, abandonment, or other problems typically related to poor family situations. Other youths will have committed criminal acts. The Children's Services Division makes a determination regarding the placement of individuals in the Greenburg Road facility or elsewhere. This evidence does not change the staff's interpretation regarding this use. It is our opinion that the Janis Youth operation on Greenburg Road is a "group care residential" use as defined in the Code because it is licensed by the State and the primary use is not a halfway house (i .e. , accommodating persons with criminal records) . It is also important to note that whether reviewed as a Site Development Review (group care residential) or a Conditional Use (group residential) the criteria that apply and the conditions that may be imposed are very similar. Site Development Review and Conditional Use approval criteria are contained in Sections 18.120.180 and 18. 130.040 of the TMC. Conditional Use applications are reviewed at a public hearing before the Hearings Officer and Site Development Review requests are handled administratively and approved by the Planning Director. Conditions of approval relating to public improvements (i.e. storm drainage, streets) would be identical under either review process. The Director has discretional criteria that can be utilized to condition a development to be compatible with surrounding properties. The Conditional Use approval criteria are more clearly stated and the Code would probably be interpreted to give the Hearings Officer more discretion or latitude in determining conditions of approval than - the Planning Director. KL:cn/1434W i NPO #6 MEETING NOTES 1. Call to Order 730. 2. Members — See Attached. 3. No changes to minutes. 4. Truck weight limit Durham Road. The NPO is fully aware that the most expeditious way to service the new Albertsons from the Gresham warehouse is via Carmen Drive and Durham Road from the east. NPO 6 finds this unacceptable ras re o me000 lbnds beweight rtsons use the Nyberg truck route to 99W. NPO 6 suppo and 24 hour time restrictions on Durham Road. 5. V87-10 Fence. No objections 6. NPO members will pick up copies of PD and forward copies directly to the City. 7. Other. Janus Youth. Code Element 18.42.020(a)(5) NP06 sees no reason why the City should accept a state license as a basic right to a permitted use" in Tigard. The City needs to use the "conditional use" process to review facilities which are now a "permitted usellin the code. We also support a "conditional use" review for the Janus Youth Center on Greenberg Road. (Unanimous ). DJ:kr/1846W r i F. f Tigard City Hall Tigard, Oregon 97223 June 20, 1987 Planning Commission Tigard, Oregon 97223 Commissioners: Mr. John Drennan of 11495 SW Greenbt.trg Road addrestL-t=d aur' Neighborhood Planning Organization on June 17, 1987 reaardina an issue we believe worthy of your consideration. A "troubled youth halfway house" has been operating in his neighbor.hood_',for, a. t 'ma.i'. The •ci yr s.°stance is that this is a e fiiir edx �8a�: fr► :;t> 1't! a'.4n lett residents' feel it should :: be. a;icond3i.onal " i ~fr f�. "dtxa�an duel"= tan be fueled by documents #tom ithe ; f t�►yvt4►=wrdf�r1 wtd Humae� 8ervi ces Division. •Y' it .1�'� � +�iY!' :{a}.�'G,`G'��Z. � F s ,� .. ,-, V6. the aBence of an active NPO, i t; would_ ! ''prudett stacQttisdr neighborhood input prior to establishing use. 'We feel that the residents may have reasonable input with:,regard to population density, landscaping considerations and condi tions" +shi•ch:-cre.A a cooparati-ve neighborhoods. Please: make the permitted use vs. conditional use for Damascus House, or any other .f'bs er cAre houses, a discussion item at a future meeting and. ai l.ow coMinent from NPO's and interested neighborhoods. 'ori ce►'da3.Y eta. Craig, Hopkins.- NPO opkins.NPO 115 Chat rman t _71i F #✓" !1.X1'4 f �' -A f •-ir �i• .t x- -r.` �• .J y c �, - _ i. "• '�; + f�ih1Y�' "�7h-f � k r.-� t � w :r.:F T'r '\}�i ,Jca-1 -�,�,�r.- r 4.r - ..;✓/. YyQ 'Y�r�.t ''..t�-� ��' ti ,.1�'�." ,,. .i.... � , - +k:.j'V.-i •Y- (c) T Director may grant an exception or deduction to the private out r area and shared outdoor recreation areas requirements, provid the application is for a use designed for a specific purpose hich is intended to be permanent in nature (for example, s for citizens' housing) and which can demonstrate a reduced dema for private outdoor recreational area based on any one or more f the following findings: (1) There is direc access by a pedestrian path, not exceeding one-quarter mile, from the proposed development to public open space or r reation areas which may be used by residents of the deve pment. (2) The development operates motor vehicle which is available on a regular basis to transport residents of the development to public open sp a or recreation areas. (3) The required square footage of a her the private outdoor arra or the shared outdoor retreat n area may be reduced if together the two areas equal or exceed the combined standard for both. (d) The Director shall grant an exception to t landscaping requirements of this Code, Section 18.120.150, upon finding that the overall landscape plan provides for at least 20 rcent of the gross site to be landscaped. (e) The Director's decision may be appealed as provided by 18.32.310(a). No notice of the Director's decision need given. 18.120.180 Approval Standards (a) The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application: ` (1) The provisions of the following Chapters: �� ►�' (A) Chapter 18.92, Density Computation (B) Chapter 18.144, Accessory Uses and Structures (C) Chapter 18.96, Additional Yard Area Requirements (0) Chapter 18.98, Building Height Limitations, c_xcaptions �• (E) Chapter 18.100, Landscaping and Screening (F) Chapter 18.102, Visual Clearance Areas (G) Chapter 18.106, Off-Street Parking and Loading (H) Chapter 18.108, Access and Egress ' f III - 240 (I) Chapter 18.114, Signs (2) Relationship to the Natural and Physical Environment: A Buildings shall be: j (i) Located to preserve existing trees, topography and natural drainage; (ii) Located in areas not subject to ground slumping or sliding; (iii) Located to provide adequate distance between adjoining buildings for adequate light, air circulation and fire fighting; and (iv) Oriented with consideration for sun and wind. (B) Trees having a 6" caliper or greater shall be preserved or replaced by new plantings of equal character. (3) Exterior Elevations: (A) Along the vertical face of single family attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: i (i) Recesses (decks, patios, entrances, floor area, etc.) of a minimum depth of 8 feet. (ii) Extensions (decks, patios, entrances, floor area, etc.) of a minimum depth of 8 feet, a maximum length of an overhang shall be 25 feet. (iii) Offsets or breaks in roof elevations of 3 or more feet in height. (4) Buffering, Screening and Compatibility between adjoining uses, (A) Buffering shall be provided between different types of land uses (for example, between single family and multiple family residential and residential and commercial), and the following factors shall be considered in determining the adequacy of the type and extent of the buffer: (i) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust or to provide a visual barrier; III — 241 i! I (ii) The size of the buffer required to achieve the purpose in terms of width and height; (iii) The direction(s) from which buffering is needed; (iv) The required density of the buffering; and (v) Whether the viewer is stationary or mobile. (B) On site screening from view from adjoining properties of such things as service areas, storage areas, parking lots and mechanical devices on roof tops, i.e. air cooling and heating systems, shall be provided and the following factors will be considered in determining the adequacy of the type and extent of the screening: (i) What needs to be screened; (ii) The direction from which it is needed; (iii) How dense the screen needs to be; (iv) Whether the viewer is stationary or mobile; and (v) Whether the screening needs to be year around. (5) Privacy and Noise: t (A) Structures which include residential dwelling units shall provide private outdoor areas for each ground floor unit which is screened from view by adjoining units as provided in 6(A); (B) The buildings shall be oriented in a manner which protects private spaces on adjoining properties from view and noise; (C) Residential buildings shall be located on the portion of the site having the lowest noise levels; and (D) On site uses which create noise, lights or glare shall be buffered from adjoining residential uses (Section 18.120.180 (a)(4)). (6) Private Outdoor Area — Residential Uses (A) Private open space such as a patio or balcony shall be provided and shall be designed for the exclusive use of individual units and shall be at least 48 square feet in size with a minimum width dimension of 4 feet; and ZII — 242 (i) Balconies used for entrances or exits shall not be considered as open space except where such exits or entrances are for the sole use of the unit. (ii) Required open space may include roofed or 1 enclosed structures, such as a recreation center or covered picnic area. (e) Wherever possible, private outdoor open spaces should be oriented toward the sun; and (B) Private outdoor spaces shall be screened or designed to provide privacy for the users of the space. (7) Shared Outdoor Recreation Areas - Residential Uses: (A) In addition to the requirements of subsections (5) and (6), usable outdoor recreation space shall be provided in residential developments for the shared or common use of all the residents in the following amounts: (i) Studio up to and including two-bedroom units: 200 square feet per unit. (ii) Three or more bedroom units; 300 square feet per unit. (B) The required recreation space may be provided as follows: (i) It may be all outdoor space; or (ii) It may be part outdoor space and part indoor space; for example, an outdoor tennis court and indoor recreation room; and (iii) It may be all public or common space; or (iv) It may be part common space and part private, for example, it could be an outdoor tennis court, indoor recreation room and balconies on each unit; and (v) Where balconies are added to units, the balconies shall not be less than 48 square feet. (C) Shared outdoor recreation space shall be readily observable for reasons of crime prevention and safety. (8) Demarcation of Public, Semi-Public and Private Spaces Crime Prevention: C III - 243 (A) The structures and site improvements shall be designed so that public areas such as streets or public gathering places; semi—public areas and private outdoor areas are clearly defined in order to establish persons having a right to be in the space, in order to provide for crime prevention and to establish maintenance responsibility . (e) These areas may be defined by: (i) A deck, patio, low wall, hedge, or draping vine; (ii) A trellis or arbor; (iii) A change in level; (iv) A change in the texture of the path material; (v) Sign; or (vi) Landscaping. (9) Crime Prevention and Safety. (A) Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; (e) Interior laundry and service areas shall be located in a way that they can be observed by others; (C) Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; (0) The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; (E) Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes; and (i) Fixtures shall be placed at a height so that light patterns overlap at a height of 7 feet which is sufficient to illuminate a person. (10) Access and Circulation: (A) The number of allowed access points for a development shall be as provided in Section 18.108.070 of this Code. (8) All circulation patterns within a development shall be designed to accommodate emergency vehicles. E III — 244 Rev. 12/85 (C) Provisions shall be made for pedestrian and bicycleways if such facilities are shown on an adopted plan. (11) Public Transit: j (A) Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to existing or proposed transit route. (B) The requirements for transit facilities shall be based on: (i) The location of other transit facilities in the area; and (ii) The size and type of the proposal. (C) The following facilities may be required after City and Tri—Met review: (i) Bus stop shelters; (ii) Turnouts for buses; and (iii) Connecting paths to the shelters. (12) Parking: (A) All parking and loading areas shall be designed in accordance with the requirements set forth in Sections 18.106.050 and 18.106.090 Chapters 18.102 (VISUAL CLEARANCE) and 18.108 (ACCESS, EGRESS AND CIRCULATION). (13) Landscaping: (A) All landscaping shall be designed in accordance with the requirements set forth in Section 18.100. (B) Residential Uses. In addition to the open space and recreation area requirements of subsections 5 and 6, a minimum . of 20 percent of the gross area including parking, loading and service areas shall be landscaped. (C) Non—Residential Uses. A minimum of 15 percent of the gross site area shall be landscaped. (14) Drainage: All drainage plans shall be designed in accordance with the criteria in the adopted 1981 Master Drainage Plan (see Chapter 18.110). III — 245 ,15) Provision for the Handicapped: All facilities for the Handicapped shall be designed in accordance with the requirements set forth in ORS Chapter 487.915-925. j (16) Signs: All sign placement and construction shall be designed in accordance with requirements set forth in Chapter 18.114 of this Code. i III — 246 (2)�'f4t plicant can show intent of initiating construction of the si _ 'thin the 6—month extension period; and (3) There have been n anges in the facts or applicable policies and ordinance p ions on which the approval was f based. (c) The decision of the Hearings Ofricer may be appea provided by 18.32.310(b). 18.130.040 Approval Standards and Conditions (a) The Hearings Office shall approve, approve with conditions or deny an application for a conditional use or to enlarge or alter Pv a Conditional Use based on findings of fact with respect to each of the following criteria: O 1� (1) The site size and dimensions provide: (A) Adequate area for the needs of the proposed use; and [�. (B) Adequate area for aesthetic design treatment to mitigate possible adverse effect from the use on �. surrounding properties and uses. (2) The characteristics of the site are suitable for the proposed use considering size shape, location, topography and natural features. (3) All required public facilities have adequate capacity to serve the proposal. (4) The applicable requirements of the zoning district are met except as modified by this Chapter. (5) The supplementary requirements set forth in Chapter 18.114 (SIGNS) and Section 18.120. 180 (APPROVAL STANDARDS) Site Development Review, if applicable, are met. (6) The use will comply with the applicable policies of the comprehensive plan. (b) An approved conditional use or enlargement or alternation of an existing conditional use shall be subject to the development review provisions set forth in Chapter 18.120. (c) The Hearings Officer may impose conditions, on its approval of a conditional use, which it finds are necessary to assure the use is compatible with other uses in the vicinity. These conditions may include, but are not limited to the following: (1) Limiting the hours, days, place and manner of operation. C III — 248 (2) Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and dust. (3) Requiring additional set back areas, lot are or lot depth j or width. (4) Limiting the building height, size or lot coverage, or location on the site. (5) Designating the size, number, location and design of vehicle access points. (6) Requiring street right—of—Way to be dedicated and the street to be improved. (7) Requiring landscaping, screening, drainage and surfacing of parking and loading areas. (8) Limiting the number, size, location, height and lighting of signs. (9) Limiting or setting standards for the location and intensity of outdoor lighting. (10) Requiring berming, screening or landscaping and the establishment of standards for their installation and maintenance. (11) Requiring and designating the size, height, location and materials for fences. (12) Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and drainage areas. 18.130.050 Ma*or Modification to Approved Plans (a) applicant may request approval of modification to an approved plan (1) Provi the Director with 5 copies of the proposed modified itional Use plan; and (2) A narrative addr sing the proposed changes as listed in (b). (b) The Director shall determine hat a major modification or modifications has resulted if one more of the changes listed below have been proposed: (1) A change in land use; C (2) An increase in dwelling unit density; III — 249 r ' CITY OF TIGARD, OREGON COUNCIL AGENDA -ITEM SUMMARY AGENDA OF: May 18 1987 DATE SUBMITTED: May 6, 1987 ISSUE/AGENDA TITLE: Janis Youth PREVIOUS ACTION: City Council Review Programs-, Director's Interpretation March 9 198 Appeal M 16-86 PREPARED BY: Keith Liden, Senior Planner I'^� DEPT HEAD OK CITY ADMIN OK REQUESTED BY: POLICY ISSUE INFORMATION SUMMARY On March 9, 1987, the Council upheld the Director's interpretation that Janis Youth Programs' operations on Greenburg Road is a "group care residential" use. Prior to adoption of the final order, additional information was submitted which indicated that this facility was a halfway house and that the "group residential" use is more applicable. The staff has obtained further information for Council consideration including a letter from the State Children Services Division and Janis Youth Programs. Previously submitted information is also attached ALTERNATIVES CONSIDERED 1. Uphold the Director's interpretation. 2. Determine that the use fits the "group residential" definition in the Code. FISCAL IMPACT SUGGESTED ACTION 1. Uphold the Director's interpretation and adopt the attached resolution. sb/1434W MEMORANDUM CITY OF TIGARD, OREGON TO: City Council / May 7, 1987 FROM: Keith Liden, Senior Planner f"+� SUBJECT: Janis Youth Programs On March 9, 1987, the Council held a public hearing to determine whether the existing youth shelter facility located at 11490 SW Greenburg Road should be classified as a "group residential" or "group care residential" facility as defined in Section 18.42.020(a) of the TMC. Based upon the testimony presented, the Council determined that the use should be considered as a "group care residential" facility and directed staff to prepare a resolution upholding the Director's interpretation of this issue. After the hearing, additional information was submitted which caused the Council to request verification regarding the circumstances under which youths would be placed in the facility. In response to this request, we have received a memo from Janis Youth Programs and a letter from the Children's Services Division which contracts with Janis Youth to provide the service (letters attached). I talked with Garrold Shurtz from the Children's Services Division on April 28 for further clarification regarding the circumstances surrounding the placement of youths in the facility. I was told that children placed here have primarily been subject to abuse, abandonment, or other problems typically related to poor family situations. Other youths will have committed criminal acts. The Children's Services Division makes a determination regarding the placement of individuals in the Greenburg Road facility or elsewhere. This evidence does not change the staff's interpretation regarding this use. It is our opinion that the Janis Youth operation on Greenburg Road is a "group care residential" use as defined in the Code because it is licensed by the State and the primary use is not a halfway house (i.e. , accommodating persons released from jail). It is also important to note that whether reviewed as a Site Development Review (group care residential) or a Conditional Use (group residential) the criteria that apply and the conditions that may be imposed are very similar. KL:sb/1434W l^. s } Department of Human Resources CHILDREN'S SERVICES DIVISION Xa&x Washington Branch GOVEMMA Neil 1665 SE.ENTERPRISE CIRCLE, HILLSBORO,OREGON 97123 PHONE 648-8951 Goldschmidt April 27, 1987 CIE M- 0 Keith Liden, Senior Planner I?AVR 27 1987 City of Tigard P. 0. sox 2339 CITY OF TIGARD Tigard, OR 97223 eisipING DEPT• Dear Mr. Liden: Re: Classification/Description Damascus Shelter I am writing to clarify the program designation at 11490 S.U. Greenburg Road. In that facility Janis Youth Programs operates a professional shelter care facility, licensed by the State of Oregon to provide services as follows : Shelter care is intended to provide for the physical and emotional needs of adolescents and preadolescents who may otherwise be placed inappropriately in a detention facility or family shelter care. This kind of resource will help to provide both skilled supervision and an assessment of each child's needs. The Contractor actively participates with the child's worker and other resources in the assessment process toward returning the child/youth to his/her family or placing him/her in appropriate substitute care and developing a treatment plan. The average length of stay is 30-40 days. Normally, most placements are for up to 60 days. A professional shelter center is a setting in the community operated by a licensed child caring agency. A professional shelter center is geared to provide specialized short-term care during the period of assessment and planning for the preadolescent and adolescent child in conflict with his family and/or community, who cannot be adequately assessed or contained in a family shelter home but does not require placement in a detention facility. AN EQUAL OPPORTUNITY EMPLOYER KEITH LIDEN, SENIOR PLANNER RE: CLASSIFICATION/DESCRIPTION DAMASCUS SHELTER PAGE: 2 The center's official designation on its license is a residential evaluation center for emotionally disturbed youths. It is licensed for 12 youths. The State of Oregon Children's Services Division has authority to license facilities under Oregon Administrative Rules Chapter, 412 , Division 24 - Children's Services Division: Rules Governing Licensing of Private Child-Caring Agency Residential Services authorized in ORS 418.005, 418. 225 . Children's Services Division does not have authority to license any facility described as a halfway house. I trust this clarifies the status of the Janis facility. It is properly designated under the City of Tigard's planning code as a group care residential facility. Very tru yours, #oldjurtz, Branch Manager : jc 12 d Cit — l D, I D 7113/9:7 .canis \� Youth „ -Orograms, Inc. 738 N.E. Davis • Portland. Oregon 97232 • (503) 233-6090 Dennis l Morrow Executive Director Board of Directors Gordon Wilson President July 7, 1987 Judge Robert Redding Vice President Nono Soltero Secretory George Morgan Tom Brian, Mayor T(eosurer City of Tigard Emilie frisbee 13125 SW Hall Blvd. Post President Tigard, Oregon 97223 olive Barton Dear Mayor Brian: Norman Bengel Koren Lytle Sloho Thank you for your response to my letter of May 26. It is Merle Brodford understandable that there is confusion concerning the Thomas Higgins classification of. the Greenburg Road shelter program, since the children's social service delivery system is so different from the Dom Madden adult delivery system. For instance, there is no such thing as an Dr.Thomos Nokoto "emergency shelter" in the adult system, so it is often difficult Rev.Rodney Page • to find words to convey to lay persons exactly what each component of the child care system actually does. Robert Ridgley Potriclo Ailey In response to your specific inquiry in your letter dated June 4, William Robertson.Jr. "is this a 'halfway in' detention facility for criminal offenders or is it a facility for 'dependents or neglected children"', we would like to provide the following factual information: A United Way 1) The Greenburg Road facility is not a 'iia 1 fway house" type of or Oregon facility. It would not meet any accepted professional Ager"" definition of a halfway house for either youths or adults. It also would not, therefore, meet licensing or accreditation standards established by other public jurisdictions to qualify as a halfway :rouse facility. 2) The facility is specifically licensed to provide temporary, emergency shelter for children who are experiencing a crisis in their current living situation. Provision of any services beyond temporary shelter would be in direct violation of our state license. 3) No children are placed in this facility as a result of current or past criminal behavior. This facility in no way serves as an alternative to detention or jail for any child. • "ud,coted Youth Program • Clinton School • Cordero Residential Treotment Center • Harty s Mother • • Lents Educotian Canter • Mental Heath Program is Regronol Evaluation Center • M I Page 2 We hope this information addresses your concerns or your questions and we look forward to moving ahead with the site development application process as rapidly as possible. Sinceply, Dennis L. Morrow Executive Director BEP c: /Tigard City Council members Keith Liden i Cordero ,iesidential _ treatment Center - 8212 S.W. Locust, Portland, OR 97223 Dennis 1. Morrow Executive Director 233.6090 April 18, 1987 �! Barbara Hutsell APR 2 3 1y87 Progrom Monger 233.6090 TO: Keith Liden CITY OF HGARD PLANNING DEPT. FROM: Barbara Hutsell SUBJECT: Program Description Damascus House Shelter Care The Janis Youth Programs facility at 11490 S.W. Greenburg is a professional shelter care facility licensed by the state of Oregon to provide care for adolescent boys aged 12-18. A description of the service from our contract is attached. I have searched the administrative rules of Children's Services Division, Mental Health Division, Alcohol and Drug Programs, and the Corrections Division and find that in no case does the state license "halfway houses." There is, in fact, according to the Attorney General's office, no statutory definition at this time of a "halfway house" in any state agency. Since we are licensed by the state, we clearly cannot be a halfway house. When I noted that our attorney had used the term "halfway house" in the claim against Loretta Allen, I told him that we were not a halfway house. He assured me that it was a generic term referring to a camamty-based resource and it was used as a general description so that the judge would not need to use valuable court time clarifying our usage. The use of the property is not an issue in our claim and was irrelevant to the content. I checked with Webster's dictionary and found a halfway house defined as 1) a place to stop midway on a journey, 2) a center for formerly institutionalized individuals (as mental patients or drug addicts) that is designed to facilitate their readjustment to private life. Neither definition applies to our center. Several state agency officials told me that "halfway house" was a colloquial term, a catch phrase used to talk about facilities where people who leave the state penitentiary or state hospital live for a while to readjust to life in an unlocked setting. Even this casual description does not apply to our program. We are a program who cares for children as described in the attachments. I hope this is sufficient to clarify the issue of what kind of facility we are. Please feel free to contact me with any other questions or concerns. R Janis Youth Program • SEC 4/86 SCHEDULE 0DNTRACTOR: JANIS YOUTH PROGRAMS, INC. (CORDERO SEC.) DATE May 23, 1986 I. Definitions i A. Child Care Day means care for one child for one day under this contract. B. Total Rus of Care means the sum total of all child care days provided to all c i recon in a given time period under this contract. C. ADP means Average Daily Population. ADP is computed by dividing the total days of care provided by an agency by the number of calendar days in the given time period. i D. Restricted Funds are Division funds, including any interest accrued thereon, expendable only for costs allowable under this contract and approved by the Division. E. Surplus Funds are that excess of restricted Division funds remaining ter approved expenses have been deducted. II. Services A. The Division has licensed or certified the Contractor to provide shelter care and related services to children who are in conflict with ix ami ies or c«* nn-fty. Services shall include speci_a ized emer enc short-term care to assist in the assessment and planning for the children. The ages and sex of such chilUren shal I be as sta on the license. B. The Contractor's service facility is located at: 11490 SW Greenburg Road, Tigard, Oregon 97223 C. Services shall be provided in accordance with the document entitled Exhibit I which is attached and is made a part of this contract. D. The Division enters into this contract in anticipation of requiring the Contractor's services. However, the Division makes no guarantee of the number of children who may be referred to the Contractor. The Division acknowledges that the quantity and appropriateness of referrals, among other factors, have a direct relationship to the contract utilization rate. i Approved as legally sufficient by Attorney General's Office, JLS, 5-20-86. 555407/05-27-86/29 Janis __ \ Mouth - Programs, Inc. 738 N.E. Davis • Portland. Oregon 97232 • (503) 233-6090 Dennis L.Morrow Executive Director April 22, 1987 (� `e NIAIPR Board of Diredon Gordon Wilson Keith Liden, Senior Planner 2 3 1987 President City of Tigard Judge Robert Redding P. 0. Box 23397 CITY OF I IGARD Vice President Tigard, Oregon 97223 PLANNING DEPT. Nona Soltero Secretary Dear Keith: George Morgan Treasurer I'm writing in response to our phone conversation of 4/9/87. I Emilie frisbee understand that you will be meeting with the City Council sometime Past President in the near future to discuss the issue of city policy regarding the implementation of half-street improvements on individual site olive Barton development plans. I offered to send a few notes regarding the Norman Bengel impact of the half-street improvement on our program. Koren Lytle Bloho We believe that the improvement of our city streets is a shared Merle Bradford responsibility between the City and its residents and is best Thomas Higgins supported as a joint task. It seems clear that improving a street Donn Madden as a whole and dividing its cost among the participants is more Dr.Thomas Nokoto effective than a similar project done piecemeal by individuals. Rev.Rodney Page We have approached this issue by looking at what the dollars mean Robert Ridgley in program terms for our boys. We see ourselves as stewards of Patricia Riley public dollars in much the same way the City manages its taxpayers dollars. Our commitment is to provide maximum benefit William Robertson.Jr. to our client population with maximum efficiency in our use of these dollars. Our assumption is that the fiscal impact of being part of a street improvement project will be lower than that R United Way required by an individual effort and that the impact can be of Oregon absorbed over a longer period of time. Agency As an individual effort the $13,000 projected cost translates into the following budgetary realities in our shelter program. $13,000 = 35 percent of one year's nonpersonnel budget for shelter care $13,000 = 1.2 FTE direct service child care staff for one year including benefits or food for 7 children for 1.7 years or heat and lights for 2.6 years or recreational activities for 7 youths for 17 years • Rdpdicoted Youth Program • Clinton School • Cordero Residential Treatment Center • Harry's Mather • • Lents Educotion Center • Mental Health Program • Regional Evaluation Center • (i E 2. Since the half street improvement is a capital improvement, we would be forced to go to donated funds. Again, our choice is to use those dollars in a way that most directly benefit the youths and specifically address health safe or quality-of-life issues. �'� $13,000 in this area will build a completely leak-proof bathroom facility for 10 boys or remodel 3 kitchens or install 4.5 safety alarm systems or replace an entire heating system As you can see, $13,000 is a major amount of money for our budget. Any reduction in the amount needed to pay for the half street improvement in turn frees our resources for direct services. Because we live on a "fixed income" directly controlled by the action of the state legislature, we mast carefully consider all expenditures and frequently are forced to prioritize needs which are all urgent. General ly we prioritize our spending using a criteria of improvement in direct client service or cost effectiveness as our guidelines. It is very difficult to place a high priority on a street improvement which fills neither criteria. An expense that would be written off as part of the cost of doing business in a for-profit situation is instead a major obstacle for our non-profit organization. Again I want to be clear that we recognize the needs of the city and neighborhood to improve its streets and sidewalk system. We simply wish to be allowed to join the neighborhood and participate in the improvement in the same way as those around us. I hope this is helpful, and I would be happy to answer any other questions your department or the City Council may have. Please feel free to call me if I can provide any further information. Sincerely, Barbara Hutsell Program Manager REP C `IE OREGONIAN,THURSDAY,JUNE 12, 1986 4M MW5 -" - NeW h. use in Tigard �..,,..� expands youth facility By ROBERT OLMOS said. of The oregon,an.un The Progress Rotary has adopted METZGER—The big yellow house Cordero House,which houses 12 boys, for troubled youth here soon will be as one of Its"pet projects"and recent- . ecent- ^ ......,4=sem.,---...>.. -w ^r_ ,'-'~�:-.•^ jpiged by.an equally big"sister"house_ ly presented the house with an Amen• ! `:^'"`^u- "`-+•�''%�"``: � in nearby Tigard. can flag. The club also donated funds i. . The house here, on the corner of so-that new clothes dressers could be + Southwest Locust Street and 82nd purchased for the boys' rooms. Also, ,:�.:• Avenue, is called the Cordero House the club will donate material for and has been serving delinquent youth repaneling the home's entryway. Ince 1972. The club also sponsors a"kid of the The house to be opened in Tigardmonth" program, whereby a resident w111Te the�amascus Houm se, oved_to of Cordero House is invited to a - Its new Southwest Greenburg Road Progress Rotery breakfast,where he Is location from Cedar Mill, and due to honored and given a dictionary as a ;. -,r � � w,.:,-.. open to August. gift. ` � ''`" ` "'"""�"''" ! The homes are part of the Washing-` uth who come to Cord '� �- 1 ton County Janis youth programs. an 1D+m1e 21Ee u s in_troub e.- Barbara Hutsell. program manager Hutsell said. Some ave faced a high for the youth programs,said housing at 'inc ence of "d r u and-alco�l ab the Cedar.Mill shelter home has been wi eir am yes or se'es. or bo ' limited to five youngsters,but that the say utse . ome are referred b Cnew home easily could house 10. ) uveni a courts or a _come 1 `Hutsell descrt6ed the sTielter home I omes y way of the acLaren-Sc J as"the only one of its kind in the coon- l o s,w ere s at ic TE re The - ty." It serves as a shelter for boys between the ages of 14 and 17 who n s operate under contracts with ' ..acres+-c.'• �, I need child protective services. Boys the state Children's Services Division. ;�� ;•� -�• stay there for only 60 days for evalua- Every year,Cordero House sponsors tion by a professional staff that deter- a picnic for neighbors. mines where a more permanent place- '• "Last year, only one.neighbor came:'satd Hutsefl. ^—, 7 �'� ::� ,� _ . .-�•" ,7. ;� ment will be made. M;f ` .� - , +-, - " , •. Cordero House is a residential treat- The program director said:;he hopes ment center,where boys stay from six more neighbors come to this year's pic• �, +:• ,:-.r"'�• •` ' � �''�-' � to nine months. They attend school nic. which will be held later in the �•..',�,;;,• . classes under sponsorship of the Tigard summer, so that thev may learn more ,• School District, which provides a about the program and get to know the teacher and a teacher aide, Hutsell young residents. o Ci J • .,. f ILE.0 IN THE CIRCUIT COURT OF THE STATE OF OREGON 7-!: . '� 2 r ice''• FOR THE COUNTY OF WASHINGTON 1 •;••y�• C 3 JANIS YOUTH PROGRAM, INC. , NO. 4 Plaintiff, ) COMPLAINT 5 V. ) (FRAUD; BREACH OF CONTRACT; CONVERSION; RESTRAINING 6 LORETTA ALLEN,: ) FORECLOSURE; AND REQUEST FOR JURY TRIAL) i•�? 7 Defendant. ) i 8 9 For its First Claim for .Relief against defendant Loretta 10 Allen, plaintiff alleges: 11 (Damages for Fraud) 12 1• 13 Plaintiff is an Oregon nonprofit corporation. 14 2• 15 Defendant is an individual whose last known address was 16 11500 S.W. Greenburg Road, Tigard, Oregon. 17 3 - 18 On or about April 10, 1986, plaintiff as vendee and. • 19 defendant as vendor executed an earnest money agreement 20 ( "Agreement") for the sale of real 41prop�rty ( "premises" ) located 21 at 11490 Greenburg Road, Tigard, Oregon. The premises were X22 ' improved by a large house which plaintiff now uses as a, halfway (23 ,- houselfor troubled youth. A true copy of the Agreement is 24 attached hereto as Exhibit A and is incorporated by this 25 reference as though set forth here in full. 26 Page 1 — COMPLAINT (FRAUD; BREACH OF CONTRACT; CONVERSION; RESTRAINING FORECLOSURE; AND REQUEST FOR JURY TRIAL) SPEARS.C LUSERSKY. CAMPBELL.r BLEDSOE. ANDERSON 6 YOUNG ATTORNEYSA7 LAw ' �1• 570 S W. Yarnhill St.Sant 800 Portland.Ors9on 97704-1783 Telephone 15033226-6151 f L i r ' i • i IL:7 IN THE CIRCUIT COURT OF THE STATE OF` FZEG 4• v? FOR THE COUNTY OF WASHINGTON 3 JANIS YOUTH PROGRAMS, INC. , ) "-•��Y Case No. 86-1147C 4 Plaintiff, ) MEMORANDUM OF POINTS AND 5 V. ) AUTHORITIES IN SUPPORT OF PLAINTIFF' S MOTION FOR A 6 LORETTA ALLEN and JAMES F. ) PRELIMINARY INJUNCTION CALLAHAN, ) (Oral Argument Requested) 7 Defendants . 1� 9 INTRODUCTION 10 On Wednesday, December 10, 1986, plaintiff in this 11 action obtained an order from this court requesting defendants 12 to appear and show cause, if any there be, why a preliminary 13 injunction should not issue. The subject of the requested 14 injunction is explained below. Hearing has been set for 15 Thursday, December 18, 1986, at 9 : 30 a .m. 16 The requested injunction would enjoin a nonjudicial 17 foreclosure sale now set for Friday, December 19 , 1986, as well 18 as the notice of sale that instituted foreclosure proceedings . 19 The facts supporting the request for preliminary injunction are 20 set out in detail in the attached Affidavit of Barbara Hutsell . 21 Briefly summarized, this case involves the purchase of 22 a home by plaintiff, a United Way Agency, from defendant Allen, x ,23 for- use as a halfway house for troubled youth ("the 24 Property") . The bulk of the purchase price was paid at 25 closing; a balance of $20, 000 was .given in the form of a 26 promissory note, which was secured by a deed of trust . Payment QPage 1 - Memorandum of Points and Authorities in Support of t Plaintiff 's Motion for a Preliminary Injunction MULL R.NASH.WIENF R.4AGEo L CAC(SEN Lorneyt and Counselors oI low Irlenho—1;:7' :?t Sass t 111 S .. ,1+t. -.+-'690 1 on the note was set for approximately one month following 2 closing . 3 On taking possession of the house, plaintiff 4 discovered serious, latent defects in violation of express 5 provisions of the Earnest Money Agreement signed by both 6 parties . For example, rewiring was required to meet housing 7 code specifications . A hole in the chimney covered with 8 sheetrock had to be repaired. Extensive plumbing work was 9 necessary. Fixtures had been removed. In addition, defendant 10 Allen' s assurance that the sewer line had been brought right up .11 next to the house proved to be false. 12 Plaintiff made the necessary repairs and replacements . 13 of the breaches of the Earnest Money Agreement and defendant 14 Allen' s promises . It then deducted those costs from the 15 $20,000 balance due and paid the difference, notifying 16 defendant Allen that it considered that amount to be payment in 17 full on the promissory note, and requesting reconveyance of the 18 trust deed. 19 Subsequently, defendant -Allen' s attorney, defendant 20 Callahan, who also is trustee of the trust deed, sent notice of 21 a nonjudicial foreclosure sale to be held on December 19 ,. 22 1986. This action was commenced when plaintiff filed a 23 complaint for fraud, breach of contract, conversion and 24 injunction against foreclosure on November 4 , 1986 . 25 26 Page 2 - Memorandum of Paints and Authorities in Support of Plaintiff ' s Motion for a Preliminary Injunction MILLER.NASH.WIENER.MAGER L CARLS!N Anomers and Counseloo of Low Teleoho�e+SWI 77+•58'_8 I I S.V. i!•h e:emw 1 POINTS AND AUTHORITIES 2 1. Irreparable Harm 3 Defendants have threatened and continue to threaten to 4 go ahead with a nonjudicial foreclosure sale of the Property. 5 If that foreclosure sale is consummated, plaintiffs will suffer 6 irreparable injury in .the form of loss of the possessory and 7 certain ownership interests in the Property. Equitable relief 8 by way of injunction has long been available to protect qpossessory rights in realty., Watts v. Spencer , 51 Or 262 , 268, 10 94 P 39 (1908) . In addition, due to the uniqueness of each 11 parcel of real property, Robertson v . Jones, 280 OR 507, 511,• 12 571 P2d 905 ( 1977) , the foreclosure of plaintiff ' s ownership 13 interest in the Property cannot be compensated with money 14 damages. The threatened foreclosure sale also carries with i't 15 the substantial risk that the rights of third-party purchasers 16 to the Property will be interposed, so that no later judgment 17 restoring plaintiff to the Property will be adequate. 18 Finally, plaintiff ' s purpose in purchasing the 19 Property was to run a halfway house for troubled youth. which it 20 is now doing. Such an enterprise only can be successful . if it 21 can create an atmosphere of trust and a sense of permanency. 22 If plaintiff ' s are not even successful in providing these youth 23 with shelter, or if they are forced to relocated following a 24 foreclosure sale, that trust will have been lost and 25 plaintiff' s purpose for purchasing the home will have been 26 destroyed., In addition, plaintiff ' s license with the Oregon Page 3 - Memorandum of Points and Authorities in Support of Plaintiff 's Motion for a Preliminary Injunction MILLER NAS`.WIENEC.HAGER b CAPISEt4 A�o�+trt an¢C*v Srlo.s at low 1,ICDho�t 1592,?:.•Se.e 111 /:••fond.O•taan e7i:,t.3a:9 . I 1 Children ' s Services Division would be jeopardized. These are 2 irreparable injuries: the law has no adequate remedy for such 3 harms; they cannot be compensated for with money damages . 4 2 . Plaintiff ' s Likelihood of Success on the Merits 5 The basis for the threatened foreclosure is a f 6 declaration of default . The declaration of default is based ` 7 solely .on plaintiff ' s setoff or deduction of the cost of 8 repairs and replacements, caused by defendant Allen's breaches 9 of the Earnest Money Agreement and other promises , from the 10 amount owed on the promissory note secured by the trust deed . 11 Thus, success on the merits in this case turns on the validity 12 of the declaration of default . That declaration of default not 13 only was wrongful and without support in law or in fact ; it 'was 14 also a violation of defendant Callahan' s duty as trustee . 15 It is well established that a vendor ' s 16 misrepresentations concerning the condition of the property 17 give the purchaser a cause of action for damages . Holland v . 18 Lentz, 239 Or 332,350, 397 P2d 787 (1964 ) (vendor ' s 19 misrepresentation that the house was insulated entitled the 20 purchaser to recover damages) . This rule even extends to the 21 vendor ' s silence with respect to material matters that the 22 seller has an obligation to disclose. Millikin v . Green, 283 23 Or 283 , 285, 583 P2d 548 (1978) (seller concealed faulty 24 condition of roof of new building) ; Oaan V. Ellison, 297 Or 25, •.25 682 P2d 760 (1984) (seller failed to mention that property was / 26 illegally partitioned) . Page 4 - Memorandum of Points and Authorities in Support of Plaintiff ' s Motion for a Preliminary Injunction MILIER.NASH.WIENER.HAGEo d CorlS'_N Arlo-tys and Co s,lo,%o,lo++ toI!ohoe IS��I:1=•::55 1 These damages also include the cost of . making improvements or installing items that the vendor misrepresented 2 372 , would be on the .property. Pape , v . Knoll , 69 Or App 3 Finally, 4 384-386, 687 Ptd 1087 , rev denied, 298 Or 150 (1989) . 5 the purchaser is entitled to use the damages suffered as a form 6 of credit against any future payments to be paid to the 7 vendor . Kleiner v . Randall , 72 Or App 465, 696 Ptd 556 ( 1985) ; 8 see also REAL PROPERTY (Oregon 1981 & Supp 1985) § 77 . 16 , 1985 9 supplement, at 77-5 . As the attached affidavit of Barbara Hutsell shows, 10 11 the trust deed was given to secure a $20 , 000 balance on the' 12 purchase price. Plaintiff incurred $13 , 892 . 03 in expenses for 13 repairs and replacements due to defendant Allen' s violations of 14 the Earnest Money Agreement and other promises . It exercised 15 its right to credit that amount against the $20, 000 balance, 16 and paid the remainder . This it was entitled to due . The 17 payment of the remainder after setoff was made in a timely 18, manner , and satisfied all the requirements for full and final 19 payment on the note. Thus , there was no basis on which 20 defendants could assert that plaintiff was in default and 21 therefore there is no basis for the threatened foreclosure. 22 A recent Washington case is instructive, Cox v . 23 Hel_ e , 103 Wash 2d 383 , 693 P2d. 683 ( 1985) . In that case, 29 the plaintiffs contracted for the purchase and installation of 25 a swimming pool at their home, at a cost of $9 , 985. They 26 secured payment by granting a security interest in their home ort of Page 5 - Memorandum of Points and Authorities tion Plaintiff ' s Motion for Preliminary Injunc MILIEp.1j4SH,w,EnEq,H1*E'L CA'.ESVI ' A•ro.aers nod Cou••tr w•s osc�r•• — cG y; I I in the form of a deed of trust . Shortly after installation the 2 plaintiffs suffered severe damage to their plumbing system as a 3 result of faulty installation. They notified the installation 4 company immediately, but the company failed to take any 5 action. Plaintiffs spent several thousand dollars cleaning up 6 and trying to restore running water to their home. Because the 7 cost of repairs exceeded the balance due on the note secured by 8 the deed of trust , plaintiffs requested that the defendant g company reconvey the deed of trust and pay damages. They 10 withheld any further payments on the note. 11 Defendant Helenius, attorney for the defendant 12 company/beneficiary and trustee under the deed of trust, 13 eventually commenced nonjudicial foreclosure by sending out a 14 notice of default . Despite the fact that Helenius was- aware of 15 a complaint filed by plaintiffs seeking reconveyance of the 16 deed and in effect challenging any assertion of default , he 17 proceeded with the foreclosure sale and the home was sold for 18 $11,784 . In Cox, the Washington Supreme Court was reviewing a lg judgment of the trial court setting aside the foreclosure. Its 20 basic holding was simply stated: 21 "We hold that the suit brought by the grantor [seeking reconveyance and damages) prevented the 22 trustee' s initiation of foreclosure, making the sale void. We further hold that the trustee breached his 23 duties . " 24 The court' s reasoning in Cox was based on the 25 trustee's position as one owing a fiduciary duty to the trustor 26 as well as the beneficiary: QPage 6 - Memorandum of Points and Authorities in Support of Plaintiff' s Motion for a Preliminary Injunction MILlE2.fjASH.WIE14EIi.Ha'vER&C!"SEN A corners o.wi Ceunf.Ion o•Low iNephonIS:.II:7t•;E:F .r I l t S l•. s aF-.e�x rc.•y o :•r�r ':'t.;Eoo i € i 1 " (A] trustee of a deed of trust is a fiduciary for both. the mortgagee and 'mortgagor and must set 2 impartially between them * * * See Blodgett v . Martsch, 5Q0 Ptd 298 302 (Utah 1978) ( 'duty of the 3 trustee under a trust deed is * * * to treat the trustor fairly and in accordance with a high 4 punctilio of honor ') . " 5 693 P2d, at 686-87 . 6 The court also noted that because "the deed of trust 7 foreclosure process is conducted without review or confirmation 8 by -a court, the fiduciary duty imposed - upon the trustee is 9 exceedingly high. ' 693 Ptd at 686 . That duty includes the I 10 responsibility to " ' take reasonable steps to avoid sacrifice of 11 the debtor 's property and his interest . — 693 Ptd, at 687 i 12 (quoting McHugh v . Church, 583 Ptd 210, 214 (Alaska 1978) . 13 The extensive damage to plaintiffs ' property "put the 14 very issue of default into question. " 693 P2d, at 687 . The 15 trustee had actual notice of the complaint . For these reasons, 16 the court concluded that the trustee should have "delayed 17 foreclosure until resolution of the underlying dispute . " 18 Ibid. In fact, the trustee' s failure to do so not only was a 19 breach of his duty as a trustee, but the court suggested that 20 it may have been a violation of DR5-105(B) for Helenius to t 21 continue as trustee and attorney for the beneficiary in the 22 fact of an actual conflict of Interest . 23 The Cox case is remarkably similar to the case at 24 bar . The high fiduciary duty of a trustee under a deed of 25 trust applies in Oregon as well as Washington. See Harper v . I f 26 Interstate Brewery Co. , 168 Or 26, 120 P2d 757 (1942) . Like CPage 7 - Memorandum of Points and Authorities in Support of E Plaintiff ' s Motion for a Preliminary Injunction € l ralllEo.NASH,VAElaEo.H,.GEP L CAMEtt pe•omerf"a ca—selo•s a,la- Telee�a�• :E55 I ti� 1 I l Cox, this case involves a trustee who had notice of the 2 complaint filed by the trustor seeking to enjoin the sale and 3 in effect challenging the validity of the declaration of f 4 default. Defendant Callahan' s duty as a trustee obligated him ? 5 to- delay the sale until resolution of the underlying dispute. 6 He has refused to do so, in violation of his fiduciary dut.ies I 7 to plaintiff . ' 8 3 . The Balance of Harm Tips Heavily in Favor of Plaintiff . 9 An important factor in determining whether' to issue 10will the injunction is the degree of harm that each party 11 suffer as a result of the issuance or not of the injunction. 12 { In York v. Stallings, 217 Or 13 , 22 , 341 Ptd 529 ( 1959) , the 13 Oregon Supreme Court indicated that a court may in its 14 discretion refuse an injunction when the hardship caused to the .15 defendant by the injunction would greatly outweigh the benefits � 16 resulting to the plaintiff . In this case, by contrast , the 17 balance of harm tips heavily in favor of plaintiff . 18 If the injunction issues , the only harm to defendants 19 is that they will not receive payment of the amount allegedly 20 1 21 22 ' The Washington Supreme Court , relying on DR5-105(6) , suggested that it was a violation of that disciplinary 23 rule for a layer to continue as trustee of a deed of trust and as counsel for the beneficiary, at least when 24 actual conflict surfaced, such as the filing of a complaint by one party to the deed against the other . 25 Oregon' s DR5-105 (B) is essentially the same as that applied in Cox; defendant Callahan' s conduct in this case _ 26 may well constitute a violation of that disciplinary rule. CPage 8 - Memorandum of Points and Authorities in Support of Plaintiff 's Motion for a Preliminary Injunction r Ll1llER.NASHY:IENER.MACER LCA?lSEN A"• ev;and CCu W VS C+0- ti , I in default during the .pendency of this action--an amount that . 2 plaintiff contends is not owed. Even if it is subsequently 3 determined to be owing, defendants will be reimbursed with 4 interest . The requested injunction will not result in any 5 other legitimate harm to defendants . g By comparison, the benefit of the injunction to 7 plaintiff is great . It stays a foreclosure sale that is . g founded on a wrongful declaration of default , thereby g preserving plaintiff 's very substantial interest in the 10 Property until resolution of the underlying dispute about 11 default . It prevents the interposition of the rights of third 12 party purchasers asserting claims inconsistent with plaintiffs ' 13 claim of entitlement to reconveyance of the trust deed. The 14 injunction allows plaintiff to go forward with its business 15 without operating under the threat of foreclosure. 16 4 . The Public Interest Favors Issuance of the Injunction. 17 A final element that factors into a court ' s analysis 18 of whether to issue the preliminary injunction is the public 19 interest . See Martin v. International Olympic Committee, 740 20 21 F2d 670, 674-75 (9th Cir 1984) . 2 In this case, the public 22 2 The Martin court was analyzing the power to issue a 23 preliminary injunction in terms that apply broadly to the common-law power of state courts , as well as the authority 24 of federal courts. In that same vein, the Martin court also noted that a preliminary injunction also may issue if 25 the moving party establishes that " ' serious questions are raised and the balance of hardships tips sharply in his t 26 favor. — 740 F2d, at 679-75 (quoting William Inglis & Sons Page 9 Memorandum of Points and Authorities in Support of Plaintiff ' s Motion for a Preliminary Injunction MILLE4.HASH,WIFWR.HAGEO L CACLSEN Anon s aref Cay 1f.o•s o•l=w "e 4a4_we ' •22a 1 interest overwhelmingly favors issuance of the injunction. The 2 requested injunction would promote the public' s interest in the 3 stability of land titles . By utilizing the process of 4 nonjudicial foreclosure, conducted without review or 5 .confirmation by a court , defendants ' attempted foreclosure sale 6 in the face of a challenge to the very issue of default could 7 only result in an unstable title and further litigation. 8 The public interest also favors an adequate g opportunity for interested parties to prevent wrongful 10 foreclosure. It is this policy that has given rise to the 11 various equitable doctrines that limit foreclosure, such as the 12 right of redemption and statutory rights to cure. See, e .g . , 13 ORS § 86.753 . In the normal case, trust deed foreclosures 14 adequately protect against wrongful foreclosure by providing a 15 statutory right to cure the default prior to the sale, as well 16 as the requirement of notice. In addition, the status of the 17 trustee as a fiduciary both to the beneficiary and the trustor 18 should operate to prevent wrongful foreclosure. But where the 19 very issue of default is placed in question, then the statutory 20 right to cure default is of no value. If , in addition, the 21 22 2 Continued 23 Baling Co. v . ITT Continental Baling Co. , 526 2d 86, 88 (9th Cir 1975) . Plaintiff contends that it has satisfied 29 all of the prerequisites for issuance of a preliminary injunction under the test utilized in the text , supra, and 25 that it even more clearly has satisfied this alternative test mentioned in Martin. 26 Page 10 - Men►orandum of Points and Authorities in Support of Plaintiff ' s Motion for a Preliminary Injunction MIIEER,NASH.W'EPJER•HAGER S CRRISEN Ae•o.n,vs and Counsr•ors or Lowro.ation!t5c:1 27--ses5 r s-1.A.r•n�e a:r•ion.i C••o:n : _. , I trustee refuses to delay the sale until the underlying dispute. 2 is resolved, then the trust deed system' s protection against 3 wrongful foreclosure breaks down. The only .recourse is for a 4 court to enjoin the sale. 5 Finally, in this case the public interest is involved 6 because the party seeking protection against wrongful 7 foreclosure is" a charitable organization. Plaintiff provides a ; g valued public service running a halfway house. The requested 9 injunction allows that work to go forward during the pendency 10 of this suit, without the disastrous effect that a 11 holiday-season foreclosure would have on the youth who live 12 there. 13 CONCLUSION 14 For all of the above reasons, a preliminary injunction 15 should issue enjoining notice of sale and the foreclosure sale 16 threatened by defendants . 17 MILLER, NASH, WIENER, HAGER & CARLSEN 18 19 Michael W. Mosman 20 Of Attorneys for Plaintiff 21 22 23 24 25 26 `. Page 11 - Memorandum of Points and Authorities in Support of Plaintiff ' s Motion for a Preliminary Injunction M-LtEo HASH,r;tEtiEl.HALE:L CAPZtFN A•roroeYt and Con�•los c•lo•r te�eoho�e' :Js•55:o 400 1 I hereby certify that I served the foregoing 2 memorandum of points and authorities in support of plaintiff's 3 motion for a preliminary injunction 4 5 -on: Mr. James M. Callahan 6 Suite B-2 11825 S.W. Greenburg Road 7 Tigard, Oregon .97223 8 Attorney for Defendants 9 10 11 12 13 by delivering to said attorney a full , true and correct copy 14 thereof. I further certify that said copy was contained in a 15 sealed envelope, addressed as above stated, the last-known 16 address of said attorney, and delivered to said address on the 17 17th da.y of December 1986. 18 19 Michael W. Mosman 20 Of Attorneys for Plaintiff 21 22 23 24 25 26 C page TALLER N0.SH.to ENEI.HAGER L CARISEN A�•e• r"and Covselon of tow iebohoe t,:±•:: •.l56 v�A, t. p1.a•� 3/24/87 I Keith: City Council tabled Janis Youth Home at last night's meeting. The date on this is to be determined. Council asked that the following individual be notified once the date is set: John Drennan 11495 S.W. Greenpurg Rd. Tigard, -OR 97223 Cathy cc: Diane Bill M.✓ 1 t r F F k CITY OF TIGARD, OREGON —COUNCIL AGENDA ITEM SUMMARY CAGENDA OF: March 9, 1987 DATE SUBMITTED: March 2, 1987 ISSUE/AGENDA TITLE: Appeal of PREVIOUS ACTION: Public Hearing 2/9/87 Director's interpretation of Janis appealing Director's interpretation _ Youth Pro rams Inc. (M ,.16-86) PREPARED BY: Deborah Stuart DEPT HEAD O Z,,, ,o ADMIN OK REQUESTED BY: City Council POLICY ISSUE INFORMATION SUMMARY I Janis Youth Programs, Inc. has established a youth shelter/care facility without receiving Site Development Review approval. After receiving a Notice of Infraction, Janis Youth requested an appeal of the Director's interpretation of the Code which requires Site Development Review. A public hearing was held on Feb. 9, 1987 and Council discussion held over to March 9th. Attached is a memorandum which discusses: A) Tigard's Code definitions as they relate to the Oregon Revised Statutes; B) a discussion of staff correspondence to Janis Youth in March, 1986; and C) how other jurisdictions treat such uses in their Codes. Attached also are two letters from Janis Youth a memorandum from the Building Division to the Planning Division and a copy of a .- pre-application checklist cover page which cites the Site Development Review requirement. Staff will be available to discuss these issues. ALTERNATIVES CONSIDERED 1. Uphold the Director's interpretation and require Site Development Review approval.. 2. Revise or modify the Director's interpretation. FISCAL IMPACT SUGGESTED ACTION Staff recommends that the Council uphold the Director's interpretation and require Site Development Review for Janis Youth. 3022P/dmj C_ MEMORANDUM CITY OF TIGARD, OREGON TO: William A. Monahan March 2, 1987 FROM: Deborah A.Stuart, Assistant Planner SUBJECT: Residential Facilities in Tigard (Ref. File No. M 16-86) t I This memorandum consists of three sections: A) a discussion of Tigard CDC 4 definitions as they relate to the Oregon Revised Statutes; B) a discussion of my March,. 1986 letter to Janis Youth Programs; and C) how other jurisdictions handle such uses in their codes. Attached are two letters from Janis Youth Programs and a memorandum from Brad Roast, Building Official to the Planning Division. I A. Tigard's Code Definitions and -the Oregon Revised Statutes Section 18.42.020(a) of the Community Development Code contains definitions pertaining to facilities which provide care to residents: (5) Group Residential Refers to the residential occupancy of living units by groups of more than five (5) persons who are not related by blood, marriage, or adoption, and where communal kitchen/dining facilities are provided. Typical uses include occupancy of retirement homes, boarding houses, cooperatives, and halfway houses, but excluding group care facilities as specified in (6) below. (6) Group Care Residential (closest to ORS 443.400) Refers to services provided in facilities authorized, certified, or licensed by the State to provide board, room, and provide care to six or more physically disabled, mentally disordered, mentally retarded, handicapped persons, dependents or neglected children; but excluding those use classified under hospitals. Typical uses include, intermediate care facilities and institutions for the mentally regarded and physically handicapped. ! s i (7) Residential Homes (Residential Care Facility) (ORS 443.580) A residence of 5 or fewer mentally or physically handicapped with k C- staff — need not be related. { RESIDENTIAL FACILITIES MEMO - PAGE 1 The differences may be summarized as follows: C State No. License Occupants Required Other Examples 1) Group Residential 5+ NO Communal kitchen Retirement homes; board- (Keyword: Non-Related ing houses; cooperatives; Residential Persons half-way houses. Occupancy 2) Group Care 6+ YES Disabled/handicapped; Residential dependent or neglected (Keyword: service) children facilities; intermediate care; institutions for mentally and physically handicapped. 3) Residential Homes <5 NO Mentally or physically handicapped. The problems obviously relate to the wording: halfway - intermediate care; "communal kitchen" and "non-related persons" are not in all three definitions; mention or lack thereof with respect to State certification, presence of .- staff, 24-hour full-time residents vs. less than full-time occupants. The Tigard Code definition for Residential Home Uses (#3 above) most closely approximates the use regulated in Senate Bill 478 (ORS 443.580) . These uses are to be permitted outright in residential zones. Currently this same use is listed in all residential zoning districts as an outright permitted use under the heading: Residential Homes (Residential Care Facilities) The Tigard Code definition for Group Care Residential (02 above) most closely approximates the definitions contained in M-443.400.443.400. In the Oregon Revised Statutes, the term residential facility includes a residential care facility, residential training facility or residential treatment facility (ORS 443.400(3)). Our Group Care Residential definition appears to be a blend of the two following definitions in ORS 443.400: (7) "Residential treatment facility" means a facility that provides, for six or more mentally, emotionally or behaviorally disturbed individuals, residential care and treatment in one or more buildings on contiguous properties. (8) "Residential care facility" means a facility that provides, for six or more physically handicapped or socially dependent individuals, residential care in one or more buildings on contiguous properties. ORS 443.405 lists the possible exclusions from the definition of residential Cfacility. It does not include: (1) A residential school; RESIDENTIAL FACILITIES MEMO - PAGE 2 P E (2) State or local correctional facilities, other than local facilities r for persons enrolled in work release programs maintained under ORS 144.460; juvenile training schools as defined in ORS 420.005; youth care centers operated by a county juvenile department under f administrative control of a juvenile court pursuant to ORS 420.855 to 420.885; and juvenile detention facilities as defined in ORS 419.602; (3) A nursing home; (4) A hospital; (5) A place primarily engaged in recreational activities; (6) A foster home; ' (7) A place providing care and treatment on less than a 24—hour basis; or (8) A child—caring agency or residential school or other organization certified or licensed by the Children's Services Division under ORS 418.205 to 418.327. ORS 420.855(4) defines a youth care center as: "Youth care center" or "center" means a facility established and operated by a public or private agency or a combination thereof, primarily to ._ provide care and rehabilitation services for children committed to the custody of the youth care center by the juvenile court or placed by the Children's Services Division. "Youth care center" or "center" does not include detention facilities established under ORS 419.602 to 419.616 except that when a'-county operates a combined facility to provide both care and rehabilitation services under ORS 420.855 to 420.885, and detention facilities, the combined facility may be considered a "youth care center" to the extent that it is used to provide the care and rehabilitation services for children not in detention." Senate Bill 437, proposed during the 1987 regular session relates to certain residential facilities, creates new provisions and amends ORS 443.530, 443.600 and 443.735. It would specifically authorize cities and counties to restrict the number of adult foster care and residential homes within a zone within a city or county so as to avoid significant impact on the character of single ! family residential zones. As a result, ORS 443.530 would be amended to read: i I 443.530. (1) Each city and county may adopt a procedure that provides opportunities for the siting of residential facilities within its jurisdiction including the siting of such facilities in single family residential zones. The procedure shall specify all conditions the requirements of which must be satisfied for the approval of an application for the siting of a residential facility, including any applicable zoning or land use restrictions. However, nothing in this section prohibits a city or county from restricting the number of residential facilities located in a particular zone or area within a zone within the city or C county so as to avoid significant impact on the character of single family f residential zones. t E RESIDENTIAL FACILITIES MEMO — PAGE 3 { F ORS 443.600 would be amended to read: of 443.600. (1) A residential home Resident be homes considered shall be residential permitteduse use property for zoning purposes. ur oses, including areas in all areas zoned for residential or commercial or P county shall enact or zoned for single-family dwellings. prohibiting the use of a residential dwelling, enforce zoning ordinances located in an area oned nothin residential this section commercial mrohibitsua use, or residential home. H of residential 111i;7.1111 es located in a count from restricts the numbert` articular zone or area wiotng the character of fh single family count residential avoid si nificant im2act zones. 1 only to siting applications filed on and after the The above amendments apply oending, not passed)• effective date of this Act (p B, Corres )ndence to Janis Youth in March 1986 1986. of a letter I sent Ms. Barbara Hutsell in Marc Attached is a copy business As you can see, I believed a home occupation permit and a City was not aware that tax certificate were required. As a novice planner, I a change in use would necessitate* a Site Development Review The conversation quite was added in the April, 1986 series of revisions)• was to be "minor" (my possibly covered the fact that interior remodeling caught by Keith and a '- word) in nature. I recall the error was quickly pre-application confere th recallswas ethatld ohe mentioned the n April 21, 8codefrevisiongto Development Review. Keg lication conference. the JaniU representative at the pre-app C. Other Jurisdictions and Their Treatment of Residential Facilities 1) Current locations: has 16 different centers. All but one are Janis Youth presently located in Portland. The sixteenth center is located in Troutdale. In Troutdale, the Janis Youth center has been c assifii asap industrial park zone for a long time and is presently non-conforming use. In all. other zoning districts but residential, residential facilities are treated as conditional uses. In Portland, all care facilities located within a residential zone are conditional uses and residential homes are facilities gght are permittedoutright use. In commercial zoning districts, C permitted uses unless they are located within 800 feet io a residential zone -- in which case they are treated as conditional uses. Z) Beaverton Beaverton's residential zoning districts allow "Care facilities," s — child defined as accommodating outr 9 t peraioitted uses. This5 non-related risnequivalent or senior citizen Use to how Tigard handles "Residential Home" uses. ori Ch Child Care permits are required for "nursery RESIDElNTIAL FACILITIES MEMO - PAGc 4 Facilities." Section 5.61 of their Code defines these uses as: "A facility providing care for compensation for six or more children during a 24-hour period. This specifically does not include a residential facility licensed under the ORS provisions. Residential facilities are allowed as conditional uses. 3) Washington County Section 430-53 of the County's Code discusses special standards imposed on Group care uses which include: 1) convalescent homes, 2) day care centers, 3) detention facilities (halfway house) mental and remedial, 4) dormitories, 5) homes for the aged and 6) residential care facilities. A few excellent definitions follow: 430-53.1 Convalescent Homes: Convalescent homes are institutions for the care of children, the aged or infirm or a place of rest for those suffering bodily disorders, but not including facilities for surgical care or institutions for the care and treatment of mental illness, alcoholism or narcotics. (Standards omitted.) 430-53.3 Detention Facilities (Halfway House) Mental and Remedial: An establishment licensed or certified by the State and operated ._ with twenty-four (24) hour supervision for the purpose of providing planned treatment and/or care to individuals who are criminal offenders, alcoholics, drug abusers, mentally ill or who require planned care while living together as a single housekeeping unit, subject to:- A. All State and County licensing and health department requirements, B. Facility requirements including site size, but in no event smaller than twenty-thousand (20,000) square feet. 430-53.4 Dormitory: A building or portion thereof used for sleeping purposes in I connection with a school, college or institution. A dormitory [� may be approved through development review of a school, college or institution. (Standards omitted.) t 430-53.5 Home for Aged: f A facility, however named, which is designed, staffed and equipped for the care of individuals who are not in need of f hospital or nursing care but who are in need of assistance with i everyday activities of living, in a protected environment. (Standards omitted.) ( 430-53.6 Resident Care Facility: `• An establishment licensed or certified by the State and operated with twenty-four (24) hour supervision for the purpose of providing planned treatment and/or care for the aged, RESIDENTIAL FACILITIES MEMO - PAGE 5 convalescent, mentally handicapped or retarded, and remedial service clientele and/or victims of domestic violence and their children, as a single housekeeping unit. Resident care facilities must meet the following minimum requirements: A. Shall not include hospital or treatment facilities otherwise provided in Article IV; B. The minimum lot size shall be fifteen-thousand (15,000) square feet; C. Must maintain all applicable licenses required by the State and County; Group Care uses are uniformly permitted subject to the special use standards and must undergo a Type III review procedure. Type III procedures involve development or uses which require the exercise of discretion or judgment and are decided by the Hearings Officer or the Planning Commission after a public hearing. They are equivalent to our conditional use procedures. 4) Attached is a copy of the first page of a pre-application checklist completed by Senior Planner Keith Liden on April 21, 1986. Note' that Site -Development Review requirements were discussed. DAS:cn/0785W RESIDENTIAL FACILITIES MEMO — PAGE 6 March 17, 1986 Ms. Barbara Hutsell 738 NE Davis Portland, OR 97232 RE: Group Care residential business in an R-12 zone Dear Barbara: In response to our telephone conversation on Thursday, I am sending you an application for a Home Occupation Permit. Section 18.142 of the Tigard Community Development Code which explains such uses and business tax forms. ._ Please complete the forms and return them to me at the address given below along with your check for $115.00 made payable to the City of Tigard. We cannot send your business tax certificate until your Home Occupation Permit has been approved. If you can demonstrate that your business is a non—profit organization, please write me a letter indicating your federal IRS tax exempt number and I shall make the appropriate financial arrangements. Should you have any questions, please feel free to call me. Sincerely, Deborah A. Stuart Assistant Planner OAS:bs195 encl: • t, _ Staff Review CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT PRE APPLICATION CHECKLIST .� Date 1. APPLICANT 2. PROPERTY LOCATION '/ Q Address /��/�©/I �✓ �� '' Tax Map/Tax Lot S44 3. PROPOSAL DESCRIPTION/NECESSARY APPLICATION(S) 4. USE Existing Adjacent Property north south east �2 5f Su•� �-9 — _ west '5.," COMPREHENSIVE PLAN DESIGNATION %%!/JM '444414 6. ZONING DESIGNATION 7. NEIGHBORHOOD PLANNING ORGANIZATION NO. CHAIRPERSON PHONE 8. CODE REQUIREMENTS .Minimus lot size/width Setbacks: front __AIA_ corner side rear Special setbacks: streets �— established areas C- lower intensity zones wetlands flag lot — accessory structures zero lot line !__ Maximum lot coverage Maximum buildina hei ht �- Janos Clouth sir :•? Programs, Inc. 738 N.E. Davis ••Portland. Oregon 97232 • (5,03) 233-090 fF6 26 ��Morrow ectoc Board of ok.ictor+ February 25, 1987 Go,dori Wilson President Judge Robert Reck"Oki Bill Monahan VKe Resident Director of C Mnity Development Now latero City of Tigard ScCTeta``' 13125 SW Hall Blvd. George Mood n Tigard,.0regon 97223 Treast"e1 Enutse kistwe Dear Mr. Monahan: Post Presid.11A Keith Liden has requested specific information regarding the o'"aamon other residential care facilities operated by Janis. Enclosed is Narmant3oMrt an organizational chart to assist in your work with us and a list Kcwen tiAte ftwNl of all residential locations, the services provided, current Merle& ord zoning, and current UBC classification. Thomas Hgouts As you can see, all but one of our group Homes are located in pcyrn MCVW.n residential areas such as the Greenburg site. The variance a Thomas N,*,A-N between SR and R designation seems to depend on individual interpretation the inspector involved. After researching the Rear Rodnav POO codes recently, we believe that all of our facilities should be Robert AKkycq, clawaied as R3 for 5 or less and SR3 for 5 or more clients PotrKKIMk-% and will be-pursuing future inspections from this standpoint. Wd1Km Rrbrrcu*t t, If you require further information, please contact me or Barbara Hutsell. A united Wcv Sincerely, or Oregon Rp�r„1 c L. Morrow Executive Director Illi Enclosure._ E 1 • AdpX*Cted Youth Program • Croton Sdad • Cordaro Aesfdcntloi Tr•otmerK C•nta • Harry's MoUw • • lents Eduasjon C•nt•r • Mantd Hsolth Program 0 A•9bn0lEvokrotbn"" • _ �r CU.�j w 9.oEa co EO i C! coo r�i 3 Cco .� U 'b J�J U v y co m r4 N �ri p En M2 to 01 co .r4 N to «1 r--1 U ' T � cUN c0 c0 bo r-4 r4 0 o E� to - �O N fn � o _. ti ccO yCa r C%4 ^ %0 'moi a � 14 u cc ^ in Ln 00 41-4� V; c 14 0 4.1 NO En G ° 41 1,44 CITY OF TIGARD k MEMORANDUM II TO: Deborah Stuart, Assistant Planner FROM: Brad Roast, Building Official�4/l SUBJECT: Janis Youth Program, 11490 SW Greenburg Rd. DATE: February 27, 1987 The issue surrounding the Janis Youth Program pertains to zoning and land use, yet the building code has been brought into the issue by the opponents as regulations of land use. There are several points I would like to clarify with regards to the building "codes": 1. The rationale in assigning an "SR"occupancy 2. The .proximity of the building to the west,side property line Item 1---A letter(attached) to Mr. John Drennan(an opponent), explains why an "SR" (Special Residential) occupancy was assigned to this building use. The statement in the building code"Group SR occupancies do not include residential care facilities, nursing homes or other state licensed care facility" is not applicable, as the intent of this sentence is to prohibit medical care facilities-as "SR" occupancies. I have contacted the State Building Codes Division and several local building depprtments, who have all concurred on this point. Mr. Drennan's previous statements that the assigned occupancy is improper are incorrect. Item 2---It appears the building is only 1-2 feet from the west, side property line, which would require the west wall to be constructed as a firewall, if no other option is employed. The building department became aware of this problem in December, 1986, but has held off taking action until the city council has made a decision on the zoning issues. The Janis Youth Program would have two other options in lieu of a firewall: ' 1. Consolidation of lots 2. Adjustment of lot line to provide minimum yard widths--a minimum 3 foot yard width if the building is to remain a single family dwelling, a minimum 5 foot yard width if the "SR" occupancy is allowed. { C. I February 2, 1987 ' I CIIYOF TIFARD i OREGON i Mr. John Drennan 25 YearsofSwAce ` 11465 SW Greenburg Rd. 1961-!986 Tigard OR 97223 Dear Mr. Drennan: + This letter has been written at your request, to explain the basis for the city building department classifying a building(located at 11490 SW Greenburg Rd.) an an SR occupancy. i It must first be made clear that the city municipal code and/or zoning regulations are NOT I used to determine the occupancy of a structure with respect.-to the building code, nor does the building code dictate the zoning regulations within the city. It is the responsibility of the building department .to provide reasonable safeguards for fire and life safety for occupants of buildings within the city. It is also the respon- sibility of the building department to classify the building under an occupancy which it st 'nearly resembles based onproposed fire and-life hazard(note,this only pertains to fire and life safety regulations,not zoning). sed on the information received from representatives of the Janis Youth Program during inspection of the site in May of -1986, it was determined that the proposed use moat early resembled an SR occupancy, 'based on the -following: 1. The proposed use was that of a-youth .type.phelter, housing on a temporary basis youths over theage of 'six who .do..not. lfave any .mental or physical handicaps. 2. Classifying the use as an I(inatitutional) occupancy did not seem applicable, as institutional type occupancies house occupants who are mentally or physically handicapped, physically.restrained(i.ei, jails,prisons) or those who do not possess sufficient faculties or :abilitiea to take positive action in an emergency situation.. - 3. . The,proposed use could have.,:fallen..into aa.$-1 occupancy. aomtk ere batwstn an partmeat .and:=tiotei;`wtiich:'vould have.required littia''.or no additional fila or aife' safety protection. Because of .the age pU the structure it was determined that the 6tru6ture warranted additional protection:for the occupants and structure itself. ` drefore, it was determined the proposred 'use bast f£t into an SR ocnutpancy. The issue n;question appears to be .the-use. of the structure with respect. to city iuAcipal aoaing epulations. which is tbe.;responaibility of -the city planning .department..to•intsrprac and I hope this :cYaiirs=�up the confust" Mith reapect to the .building•depaitmat. �� t. f 11�r � � •�t'r 1: rte' (1 .'diacial amn I t ; I !' .l"'S 1 "F �:Y 1 f f As•r {, '.'Gr`} _ 's 3 71 f anis T®uth Programs, Ince 738 N.E. Davis • Portland. Oregon 97232 0 (503) 233-6090 Dennis l Mortow F� Executive Director February 24, 1987 Bead of Directors Tom Brian, Mayor Gordon Wilson City of Tigard Pfesident 13125 SW Hall Blvd. ' Judge Robert Redding Tigard, Oregon 97223 V1t President Nono Soltero Dear Mr. Mayor: Secretory I would like to thank you personally for the professional manner George Mor`on in which our recent hearing was conducted before the Tigard City Emilie Trewasurer e Council. Issues such as this often involve very intense emotions Parc sbee on the part of the participants which can cloud the factual basis esklewk on which your decision must ultimately rest. You obviously had olive sate" studied the background material prior to the hearing and were Nana,sengel able to allow a discussion of both sides without diverting into _ tee„Lytle 91oho •- nonrelevant areas. McAe Brod ord There were some questions raised in testimony by the neighbors Thomos Higgins which I would like to clarify further for you. Hopefully this ..DonnModden will assist in your continuing deliberations on this matter. Dr.Thonws Nokoto 1. NeWor Involvement: Although we were not required to Rev.Rodney Pose provide any intormation to the surrounding neighbors regarding Robert Ridgley our occupancy of the Greenburg Road site, Janis has a policy of proactive cooperation as the basis for suceessful'operation of PoWdo Alley al 1 of our facilities. Specifical ly, on July 7, 1986, all williom Robertson Jr. neighbors within a 250 foot radius of the site were provided with a letter introducing the agency, providing a description of the program, and providing names/phone number for further inquiry R united Woy (see enclosed copy). These letters were mailed and in addition of Oregon copies were hand delivered by staff over a period of several Rse+ty evenings and weekends. The facility was formally occupied by residents ch=—.-- :r: first week. in August. On January 6, 1987 an Open House was held for the immediate neighborhood only. Again, invitations were both mailed and hand delivered. A total of three neighbors came to the Open House and three others called reporting they could not attend. We are currently preparing a follow-up letter to neighbors who signed the petition presented to the Council and will be conducting a second Open House in the spring in an attempt to remain available to any interested neighbor. We are also planning on the creation of a Neighborhood Advisory Board with representatives selected from throughout the surrounding area to maintain open two-way communication channels with concerned citizens. Our goal is to create a partnership with the community which can be constructive for the neighborhood as well as for the youths we serve. • Mudi oted Youth Progrom • Clinton School o Cordero Residential Treatment Centef • Horr s Mother • 0 Lents Education Center • Mental Heolth Progrom 0 Regionol evok+odon Center 0 2. 2. Zo Classification: We continue to believe that the Planning Director's recommendation o Group Care Residential is the only ccepvablle pant State classification for a facility of this type. It apps Care Residential licensing or certification required to be classified as Group is intended to provide some assurance regarding the operation fsuch For facility and that such assurance is lacking under Group instance, our state licensing requires annual review by the fire marshal, the sanitarian, and CSD licensing personnel as well as adherence to standards of professional treatment relative to shelter facilities. GroupResidential living facilities, as described, are basically unlicensed and unregulatedgroup situations which require a closer zoning/planning review such as the, conditional use process. In addition, the language for Group Care Residential specificilas�references y"dependents dti��nt�sto�rg neglected d fal�ldren" which is precisely the pope 3. Property Values: Although this issue is not directly relevant to the land use process, we feEl it does need to be addressed. Over 20 longitudinal studies have been conducted nationally regarding the impact of group homes on surrounding property values. The results have consistently shun no negative impact on overall neighborhood property values or the turnover rate of surrounding properties. In fact, the trend is, if any, toward an increase in property values since residential care agencies such as Janis tyP iccal l ythe purchase low-value property and invest considerable money in upgrading building to meet licensing standards. For instance, the Greenburg site has required several thousand dollars to simply return it to a legal single-family and physical ya far morethe eattr atof tractive and and marketable ar, we property than whete will be n we purchased Phy y it. We appreciate your continuing consideration of our appeal and look forward to finding a suitable compromise which will address the needs of all concerned. Again, we would like to compliment your city plbnning and building staff for the support and assistance they have provided us throughout this process. We look forward to continuing this mutually cooperative relationship with the City of Tigard. If you have any further questions regarding issues related to the appeals- please ppeal,please feel free to contact me personally. Sincerely, Dennis L. Morrow Executive Director BEP encl: letter ✓ c: Bill Monahan ,Jan's _ 1routh Programs, Inc. 738 N.E. Dovis • Portland. Oregon 97232 • (503) 233-6090 DeMs L morrow Executive Director July 7, 1986 Board of Directors Gordon Wilson President Judge RobertRedding Vice President Hellol Nora Soltero I'm writing to introduce you to a new neighbor on Greenburg Road. se«etory Janis Youth Programs has purchased the house. at 11490 SW Greenburg, to George use as a shelter care facility for Washington County youth who have nowhere to live. These youth, boys aged 13-17, are unable to live at Emilie frisbee home because they need more structure to provide them safety and Post President health. They are placed with us for a maximunn of 60 days while the olive sort«, state Children's Services Division plans for their permanent care. Norman Bengel Janis Youth Programs provides a highly structured environment with Koren Lytle Bloho-- professional staff supervising the boys at all times, including awake Merle Bradford staff overnight. The boys are taught social skills and must follow a Thomas Higgins set of behavior expectations in order to remain in the program. They are provided with education, counseling, and recreational activities Donn during their stay. Dr.Thomas Nokoto Janis Youth Programs has been providing services for youth since 1972. Rev.Rodney Page We serve adolescents in long- and short-term residential settings and Robert Ridgley school programs, as well as providing services to runaways and street Patricia Riley youth in the Harry's Mother program. Our staff have many years William Robertson.Jr. experience in working with youth, and the agency is recognized in the state as a leader in providing youth services. Janis has over 100 youth receiving service at one of its ten different R united way locations daily. Last year nearly 800 youth and families from of Oregon throughout the state received assistance from the agency. The Agency enclosed brochure will provide further information on our various programs. Our intention is to be an asset to our neighbors and our neighborhoods. In the coming months we will be refurbishing the exterior and interior of the property. We especially like the relative seclusion offered by the landscaping and the location of the house on the lot. Neighbors at our other locations have reported they feel more secure because our children are well parented; having staff awake 24-hours offers unique protection for the entire neighborhood. e Rdjudicoted Youth Program a Clinton School a Cordero Reskkntiol Treatment Center a Homy s Mother e e Lents Educotlon Center 0 Mental Health Program a Regional Evaluation Center 0 I We hope to get to know our neighbors in the coming months. We are planning an open house when the refurbishing is complete. If you have questions or would like to see the program before that time, please feel free to contact our staff. Teri Howell is our House Supervisor. Her telephone number is 684-9230. I am Programa Manager for the Janis programs in Washington County and can oe reached at 620-8137 or 233-6090. Sincerely, Barbara Hutsell Program Manager Cordero Service Network- EPA f , i 1 f i 4 i Jan- is \� Youth programs, Inc. 738 N.E. Davis • Portland. Oregon 97232 • (503) 233-6090 Dennis L Morrow Executive Director Board of Diredors Gordon Wilson President July 7, 1987 Judge Robert Redding Vice President Nono Sokero Seaetay George Morgon Tom Brian, Mayor Tteosurer City of Tigard Emilie Frisbee 13125 SW Hall Blvd. Post President Tigard, Oregon 97223 olive Barton Dear Mayor Brian: . Norman Sengel Koren Lytle Sloho Thank you for your response to my letter of May 26. It is Merle Bradford understandable that there is confusion concerning the Thomos classification of. the Greenbur Road shelter " g . Program, since the D*,,,Madden children's social service delivery system is so different from the adult delivery system. For instance, there is no such thing as an Dr.Thomas Nohoto "emergency shelter" in the adult system, so it is often difficult Rev.Rodney Page . .to find words to convey to lay persons exactly what each component of the child care system actually does. aabert Ridgiey Potricio Riley In response to your specific inquiry in your letter dated June 4, William Robertson k. "is this a 'halfway in' detention facility for criminal offenders or is it a facility for 'dependents or neglected children"', we would like to provide the following factual information: A Umted Woy 1) The Greenburg Road facility is not a "halfway house" type of of Oregon facility. It would not meet any accepted professional Agency definition of a halfway house for either youths or adults. It also would not, therefore, meet licensing or accreditation standards established by other public jurisdictions to qualify as a halfway house facility. 2) The facility is specifically licensed to provide temporary, em r�eniry shelter for children who are experiencing a cr sis in their current—living situation. Provision of any services beyond temporary shelter would be in direct violation of our state license. 3) No children are placed in this facility as a result of - current or past criminal behavior. This facility in no way serves as an alternative to detention or jail for any child. • A4vckoted%ath Program • Cirnton School • Cordero Res+derxrol Treatment center • Hony s Mother . - • lefts Education tefxer • Mental Heath Program • Recrawl Evaluation Center • I Page 2 We hopethis information addresses your concerns or your questions and we look forward to moving ahead with the site development application process as rapidly as possible. Since��lY. Dennis L. Morrow Executive Director BEP c: /Tigard City Council members Keith Liden Y, 3 a ti 0 U N L Janos Youth -- , Programs, Inc. 738 N.E. Davis C Portland, Oregon 97232 • (503) 233-6090 Dennis L.Morrow Executive Director Board of Directors May 26, 1987 Gordon Wilson President Judge Robert Redding Toni Brian, Mayor Vice President City of Tigard 13125 S.W. Hall Blvd. Nona Secretary Tigard, Oregon 97223 George Morgan Treasurer Dear Mayor Brian: Emilie frisbee I am writing with regard to the Tigard City Council's action on Post President May 18, 1987, in removing the resolution concerning our Greenburg Olive Barton Road property from the consent agenda. This action was taken by Norman Bengel the Council due to "further questions" which have been raised about our she 1 ter care program on Greenburg Road. We are now Koren Lytle Bloho quite confused about our status with the City of Tigard and would Merle Bradford like to meet with you before proceeding on this matter further. Thomas Higgins At present, we have voluntarily submitted a Site Development Dann Madden Review application based on our understanding that this is the Dr.Thomas Nakao next appropriate step required Dy the City. Your action last Rev.Rodney Page night suggests to me that the Site Development Review may still not be required or at least that the requirement is still open Robert aidgley for further consideration. If this is the case, further Patricia Riley processing of our application would be a waste of time for both William Robertson.Jr. the City and for Janis. I have therefore requested that City planning staff delay further action on our application until we can meet. Frankly, I am trying to assess whether it is in our best interests to pursue the application or to withdraw it AUnited Way completely until our course is clearer. oAgencyn My concerns in this matter reflect the enormous amount of time, energy, and money which we, as an agency, have had to direct toward resolution of the issues surrounding Greenberg Road. This represents a direct diversion of limited resources which we could otherwise be supplying to the children in our care. Specifically, we have now been responding to requests and direction from the City of Tigard for fourteen months. In this process we have consistently made every good faith effort to answer questions, to provide information, and to pursue the appropriate process as it was presented to us. Our frustration is in the fact that the "goal line keeps moving." CWe have been provided on numerous occasions with explicit • Adjudicated Youth Program • Clinton School • Cordero Residential Treatment Center • Harry's Mother • 0 Lents Education Center • Mental Health Program • Regional Evaluation Center 0 directions to follow in gaining resolution to our issues, yet the resolution is still not achieved. Rather we face still another series of questions about information which we have already provided. Either our information is not being received by the Council members or there is a basic distrust in our integrity. If trust is the issue, we would like to provide whatever assurance or references are necessary to create a more effective working relationship with Council members. For instance, during the discussion on May 18, the issue was raised regarding the type of youths placed in the facility. We have responded on numerous occasions verbally to City staff, to neighbors, and to the Council on exactly this point. Attached is a letter which I provided to the City on February 4, 1987, explicitly addressing this issue. On careful reading of all the "in documents we have on file, we can find no mention of youths being placed lieu of jail." Yet now we are apparently again faced with answering the same type of question. Obviously this type of process can go on indefinitely because answers, when given, either are not being heard or are not being accepted as real. For us, this is a fairly simple and clear-cut land-use issue: 1) Is our use of the property an approved use under existing zoning regulations? 2) Is the appropriate zoning classification Group Care Residential or Group Residential? You have had recommendations from your awn staff on both issues. You have had testimony and written information provided by us. You have even received specific clarification from our primary funding and licensing body regarding the issues. The answers, given the unanimity of opinion in all the information presented to you, appear quite clear and simple. We fully intend to remain cooperative with you throughout this process, but it is increasingly unclear what is required to bring it to resolution. I would like to therefore request a personal meeting with you. The purpose of such a meeting is not to sway your opinion in any way but rather to clarify the following: 1) What is our current status regarding the Site Development process? Should we proceed with our application, withdraw, or delay it further? 2) What further concerns or questions do you (the Council) specifically have regarding our program at Greenburg? 3) What more, if anything, can we do to enhance the trust level of Council members and to move the process toward resolution? I look forward to your response in setting up a meeting. You can reach me by phone at 233-6090. I would like to also personally thank you for your continuing time, concern, and attention to this very taxing process. Sinceely, Dennis L. Morrow Executive Director BEP P.S. At the Council meeting a set-over date in early June was suggested. Due to vacation scheduling and prior out-of-town business commitments, we would be unable to have appropriate staff available on a Monday evening until June 29, 1987. I respectfully request that the issue be therefore set over until June 29 or after. cc: Council members William Monahan Enclosures: Keith Liden memo of May 7, 1987 Letter to Brad Roast regarding use of Greenburg Road facility Letter from Gary Shurtz, Washington County CSD Branch Manager MEMORANDUM CITY OF TIGARD, OREGON May 7, 1987 TO: City Council FROM: Keith Liden, Senior Planner SUBJECT: Janis Youth Programs On March 9, 1987, the Council held a public hearing to determine whether the existing youth shelter facility located at 11490 SW Greenburg Road should be residential facility as classified as a "group residential" or "group care defined in Section 18.42.020(a) of the TMC. Based upon the testimony presented, the Council determined that the use should be considered as a "group care residential" facility and directed staff to prepare a resolution upholding the Director's interpretation of this issue. After the hearing, additional information was submitted which caused the Council to request verification regarding the circumstances under which youths would be placed in the facility. In response to this request, we have received a memo from Janis Youth Programs and a letter from the Children's Services Division which contracts with Janis Youth to provide the service (letters attached). I talked with Garrold Shurtz from the Children's Services Division on Aprilt28 for further clarification regarding the circumstances surrounding placement of youths in the facility. I was told that children placed here have primarily been subject to abuse, abandonment, or other problems typically related topoorfamily situations. Other.-youths will have committed criminal acts. The Children's Services Division makes a determination regarding the placement of individuals in the Greenburg Road facility or elsewhere. This evidence does_ not change the staff's interpretation regarding this use. It is our opinion that the Janis Youth operation on Greenburg Road is a "group i caCa—iresidential" use as defined in the Code because it is licensed by ! the State and the primary- use is not a halfway--house (i.e. , accommodating p released from jail). It is also important to note that whether reviewed as a Site Development Review (group care residential) or a Conditional Use (group residential) the criteria that apply and the conditions that may be imposed are very similar. KL:sb/1434W 4-. z t.� I Janis Youth - M, Programs, Inc. 738 N.E. Davis • Portland. Oregon 97232 • (S03) 233-6090 Dennis L.Morrow Executive Director February 4, 1987 Board of Directors Gordon Wilson Presid" Brad Roast Judge Robert Redding City of Tigard Vice President 13125 S.W. Hall Blvd. Nona Soltero Tigard, Oregon 97223 Secretary George Morgan Dear Mr. Roast: Treasurer In recent conversations with Janis staff, you have requested Emilie fnsbee clarification regarding the specific usage being wade of our Post President facility located at 11490 S.W. Greenburg Road. Below is a olive Barton summary of the information necessary to address your inquiries. Norman Sengel Numoer of Youth in Care: We are currently contracted to provide Koren Lytle Slaho emergency shelter for up to 60 days for a population of seven Merle Bradford male adolescents aged 12-17. As an emergency placement facility, ThomosHiggns the actual number of contract beds often varies over time even within a single fiscal year. This has apparently created some Dom Madden confusion for city staff who nave talked with Janis staff at Dr.Thomas Nokoto various tines and been provided a bed capacity which reflected Rev Rodney Page the contract level at that specific time. For instance, during Robert Ridgley FY-86 when we were purchasing and moving into the Greenburg facility, our contract was at different times for five, six, and Patricia Riley seven youtns. In our initial contact with the City of Tigard we William Robertson Jr. indicated an intention to house more t1han rive youths since we had been told that this was the bleak-off point for more restrictive code requirements. The Greenbury facility was, in fact, purchased in order to expand existing shelter space RUOregonnited y a available to Washington County from five to seven beds. Our Agefcy long-range projections suggest a potential need of eight to ten beds at some point in the future with possible short-term utilization over brief periods of a maximum of 14 beds. We continua to plan on working with you and the City Planning Office to ensure the facility meets all licensing and code requirements for this level of utilization. Type of youtns in care: The facility is under contract with. State of Oregon Chi nts Services Division to provide shelter and evaluation for boys who have been removed from their families and who are awaiting either a return home or an alternative, long-term, out-of-home placement. It is the only such facility in Washington County and we work c 1 ose 1 y with the local branch office of CSD in providing service to Washington County youths. • Adjudicated youth Program • Clinton School • Cordero Residenuol Treatment Center • Horn s Mc:rer • • Lents Education Center • Mental Health Program • Regional Evoluouon Center • 2. The primary reason for placement in the shelter is a crisis in the home or other current living situation which precipitates the need for removal of the child by CSD. The children are under a high level of stress and may be labeled moderately emotional ly disturbed, predelinquent/delinquent, learning disabled, status.offender, etc. Over half of our children come from family settings where they have been victims of physical or sexual abuse. The labels are often an inadequate picture of the real child who simply represents a need for the safety, security, and structure not available in an abusive home environment but which we can provide in a 24-hour supervised setting. We do not serve children with a history of arson, who are currently addicted to alcohol or drugs, or who have a record of serious person-to-person crimes. We also do not serve children with severe physical or mental disabilities which incapacitate them to the degree they cannot function successfully in an open community setting. Type of Supervision: Our facility is an unlocked, voluntary-placement facility with the security being provided by 24-hour awake staff coverage. While in residence the boys are involved in a structured behavior-management program and participate in both individual and group counseling. Privileges are determines through use of a status system based on their behavior with very little unsupervised time available even for boys demonstrating the highest level of self-management. Staff members are carefully screened and are professionally educated and/or trained for work with our youths. ZonjUS for Residential Facilities: Janis operates seven other residential care aci ities ranging in size from -14 bed capacity. All of these facilities are zoned SR3 except for one in east Multnomah County which has an SR2 status. It is clear that the SR3 zone for the Greenburg facility is correct and is consistent with the treatment of similar facilities in other jurisdictions. I hope the above information answers any questions you may have. If you require any additional assistance, please feel free to contact me personally. We are looking forward to a continuing and cooperative relationship with the City of Tigard in providing this vital service for the children of Washington County. Sincerely, Dennis L. Morrow Executive Director BSP Enclosure c: Keith Liden be rii F_"a. Department of Human Resources CHILDREN'S SERVICES DIVISION XXXXXX Washington Branch G7VEP N14 16E5 SE. ENTERPRISE CIRCLE, HILLSBORO. OREGON 97123 PHONE^48-8951 Neil Goldschmidt April 27 , 1987 Keith Liden, Senior Planner City of Tigard P. 0. Box 2339 Tigard, OR 97223 Dear Mr. Liden: Re: Classification/Description Damascus Shelter I am writing to clarify the program designation at 11490 S.U. Greenburg Road. In that facility Janis Youth Programs operates a professional shelter care facility, licensed by the State of Oregon to provide services as follows: Shelter care is intended to provide for the physical and emotional needs of adolescents and preadolescents who may otherwise be placed inappropriately in a detention facility or family shelter care. This kind of resource will help to provide both skilled supervision and an assessment of each child's needs . The Contractor actively participates with the child 's worker and other resources in the assessment process toward returning the child/youth to his/her family or placing him/her in appropriate substitute care and developing a treatment plan. The average length of stay is 30-40 days. Normally, most placements are for up to 60 days . A professional shelter center is a setting in the community operated by a licensed child caring agency. A professional shelter center is geared to provide specialiLed short-term care during the period of assessment and planning for the preadolescent and adolescent- child in conflict. with his family and/or community, who cannot be adequately assessed or contained in a family shelter home but does not require placement in a detention facility. KEITH LIDEN, SENIOR PLANNER RE: CLASSIFICATION/DESCRIPTION DAMASCUS SHELTER PAGE: 2 The center ' s official designation on its license is a residential evaluation center for emotionally distui•beci youths . It is licensed for 12 youths . The State of Oregon Children' s Services Division has authority to license facilities under Oregon Administrative Rules Chapter , 412 , Division 24 - Children's Services Division: ingnof Rues GovernntialServicesauthorizediintChild-Caring ORS418 -005, 418. 225 . Children's SfacilityDdescribedivision oas aohalfwayhave ahouse. to ,license Y I trust this clarifies the status of the Janis facility. It is properly designated BfeeTeBidential facility. the City of Tigard' s planning code as a group C Very truly yours , Garrold Shurtz, Branch Manager GS: jc CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 13, 1987 DATE SUBMITTED: July 2, 1987 ISSUE/AGENDA TITLE: TMC Amendment PREVIOUS ACTION: Ordinance No. 87-34 'l Considered June 22, 1987 PREPARED BY: C. Wheatley, Deputy Rec.0 DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Bob Jean, City Admin. POLICY ISSUE NA INFORMATION SUMMARY Council considered Ordinance No. 87-34 on June 22, 1987 and subject Ordinance received a 3—yes and 1—no vote. A second reading and vote by Council is required since unanimous approval was not given on the 22nd. ALTERNATIVES CONSIDERED 1. Call for second reading of Ordinance and roll call vote as required. FISCAL IMPACT SUGGESTED ACTION Call for second reading of Ordinance and roll call vote as required. C cw:4728A i CITY OF TIGARD, OREGON ORDINANCE NO. 87--3—q— AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 10.28 TO INCLUDE THE REGULATION OF VEHICLE SALES ON PRIVATE PROPERTY. MIEREAS, the City Council is concerned with the proliferation of the use of private property to display vehicles for sale; WHEREAS, the use of private property to display vehicles for sale creates a visual blight as well as serving to defeat the purposes es within the City and intent of behind the regulation of business the City zoning code; WHEREAS, the City Council does not intend to prohibit the occasional sale of vehicles by their owners, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: A new section shall be added to Chapter 10.28, to read as follows: 10 28 025 Vehicle sales on private property (a) No property owner, unless in compliance with the provisions of Chapter 5.04, Business Taxes, and in further compliance with all applicable zoning codes, shall allow more than one vehicle to be displayed for sale on his or her property. (b) Violation of this ordinance shall be a Class 1 infraction and shall be subject to the provisions of the Civil Infractions Ordinance, Tigard Municipal Code Chapter 1. 16. PASSED: By vote of all Council members present after being read by number and title only, this day of 1987. Loreen R. Wilson, City Recorder APPROVED: This day of 1987• 'I Tom Brian, Mayor ORDINANCE NO. 87- Page 1 V MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City CouncJuly 6, 1987 FROM: Loreen Wilson, City Recorder SUBJECT: Public Hearing — Sign Code Exception Criteria Agenda Item No. 5 — July 13, 1987 Council Meeting The Public Hearing for the above—referenced Zone Ordinance Amendment has been advertised for this date. Planning Commission has not completed their review of this item. Therefore, staff recommends opening the public hearing and continuing to a date certain (July 27th) so no further notice or advertisement is required. LW:cw/4734A ti I I t i i f CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 13 1987 DATE SUBMITTED: June 29, 1987 ISSUE/AGENDA TITLE: ZCA 87-13 - PREVIOUS ACTION: Public hearing to Ogle Annexation consider the annexation request held June 15 1987 PREPARED BY: Elizabeth A. Newton DEPT HEAD OKXM CITY ADMIN -0-KA091 REQUESTED BY: Planning Staff POLICY ISSUE Should the City Council approve an ordinance changing the zoning designation on the Ogle property from Washington County R-5 to City of Tigard R-4.5? INFORMATION SUMMARY On June 15, 1987, the City Council held a public hearing to consider forwarding an annexation of 1.75 acres to the Portland Metropolitan Area Local Government Boundary Commission. The Council adopted the resolution forwarding the annexation proposal but did not formally adopt the ordinance to change the zoning. Attached is the ordinance which, if approved, changes the zoning from Washington County R-5 to City of Tigard R-4.5 in conformance with the City's adopted Comprehensive Plan. ALTERNATIVES CONSIDERED 1. Take no action. 2. Adopt the attached ordinance. FISCAL IMPACT The cost of the public hearing, staff time, and mailing for this action will be absorbed by the City. SUGGESTED ACTION Adopt the attached ordinance to change the zoning designation from R-4 to R-4.5. EAN:sb/1640W C STAFF REPORT AGENDA ITEM JULY 13, 1987 — 7:00 P.M. TIGARD CITY COUNCIL TIGARD CITY HALL — TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: ZCA 87-13 Zone Change REQUEST: A request to change the zone of 1.75 acres in conformance with the City of Tigard Comprehensive Plan Land Use Map as follows: TAX MAP/TAX LOT NUMBER CURRENT ZONING PROPOSED ZONING 2S1 15AD 600 Wash Co. R-5 City of Tigard R-4.5 COMPREHENSIVE PLAN DESIGNATION: Tax lots 2S1 15AD 600 Low Density Residential APPLICANT: Patricia Ogle OWNERS: Same 16740 SW 108th Tigard, OR 97223 LOCATION: The property is located west of 108th Avenue and north of the Tualatin River at 16740 and 16750 SW 108th Avenue. 2. Background A request to annex this property was approved by City Council on June 15, 1987. 3. Vicinity Information Property to the west and east is zoned Washington County R-5. Property to the north is zoned R-2 (Dover Landing). The property abuts the Tualatin River on the south. Access to the property is by a narrow private road on the northern property line which serves properties to the west as well. 4. Site Information There is an existing single family home on the eastern part of the property, midway between the northern boundary and the river. There is also a small nonhabitable house to the east of the main house and a shed on the northwest corner of the property. The property slopes to the south with a steep embankment parallel to the river just south of the homesite. The southern half of the property is in a natural state. STAFF REPORT — ZCA 87-13 — PAGE 1 t r 5. Agency and NPO Comments c �^ Responding agencies offered no written comments on the proposal. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1. and 12.1.1. The Planning Staff has determined that the proposal as submitted is consistent with the relevant portions of the Comprehensive Plan based upon the findings noted below: a. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. b. Plan Policy 12.1.1 is satisfied because the zone change is consistent with locational criteria for Low Density Residential and with Community Development Code provisions. C. RECOMMENDATION Based upon the above findings and conclusions, the Planning Staff recommends approval of ZCA 87-13 subject to the following conditions: 1. All developmen-;--n the property shall be reviewed and approved by the City of Tigard. PRE • John Acker APPROV� William A. Monahan PA 8 . Assistant Planner Director of Community Development (DR:sb/3261P) i t I r � i STAFF REPORT — ZCA 87-13 — PAGE 2 � � _ i �111�l1� J MENNEN t. MEN ■ HOMEILU MINE � d � ■■■■■ ■■■■■ VIII I ��N�11��1��■ _�j t' �� uttt nu ■�I��IINI 1#.I-.-ew o :mot � ',��ann .� �� ■tt) �.X11. � �� . +� .sem,►��\\\\�\�.,�'• a i ��C��MIR itsMEN �►j� �, '� Ir _ �•� ��.�• . , . �.�..�' •��•��, •■�® �'�i'�///11111 .:■�'i IIIL�� go loll r .,,� 1..■s::L 1115 _ . � . •� �: . �� '�� ■•�, -- . � • :�-..Irl`/ r 1 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 13, 1987 DATE SUBMITTED: June 29, 1987 _ ISSUE/AGENDA TITLE: ZCA 87-10 PREVIOUS ACTION: Public Hearing Hwy. 217 Island held to consider zoning on June 8, 1987 nA PREPARED BY: Elizabeth Newton DEPT HEAD OK / TY ADMIN OK REQUESTED BY: POLICY ISSUE Should the Council amend Ordinance 87-29 to correct discrepancies between City and County records related to the Hwy. 217 Island annexation? INFORMATION SUMMARY On June 8, 1987, the City Council held a public hearing to consider forwarding the Hwy. 217 Island annexation to the Boundary Commission. The resolution was adopted as was an ordinance to assign City zoning designations to the property. It has been determined that discrepancies exist between City and County records related to the zoning on portions of the property. Attached is an ordinance written to amend Ordinance 87-29 which will correct the discrepancies. Also attached is a map showing the proposed City of Tigard zoning for the property and a copy of the June 8, 1987 City Council minutes. This action will be forwarded to the Boundary Commission and will not delay the annexation procedure scheduled to be reviewed by the Boundary Commission on ALTERNATIVES CONSIDERED 1) Take no action. 2) Adopt the attached ordinance amending Ordinance 87-29. FISCAL IMPACT The cost of this public hearing was borne by the City including staff time and mailing costs. SUGGESTED ACTION Adopt the attached ordinance amending Ordinance 87-29. EAN:kr/1917W r, ti STAFF REPORT AGENDA ITEM JULY 13, 1987 - 7:00 P.M. TIGARD CITY COUNCIL TIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: ZCA 87-10 Zone Change Annexation (217 Island) REQUEST: A request to annex 14.66 acres into the City of Tigard and zone the property in conformance with the City of Tigard Comprehensive Plan Land Use Map as indicated. This zone change annexation amends ordinance ZCA 87-10 to correct discrepencies discovered to exist between City and County records relating to the zoning on portions of the property. TAX MAP/TAX LOT NUMBER CURRENT ZONING PROPOSED ZONING 1S1 35AC: 100, 1700, 2300, Wash Co. R-9 City of Tigard R-12 2400, 2500, 2600, 2700, 4600, 4700 1S1 35CA: 101, 102, 103, Wash Co. R-5 City of Tigard R-4.5 200, 201, 202, 203 1S1 35DB: 8500, 8600 Wash Co. R-5 City of Tigard R-4.5 1S1 35DA: 2600, 2601, Wash Co. R-5 City of Tigard R-4.5 2602, 2603 COMPREHENSIVE PLAN DESIGNATION: All tax lots Medium Density Residential APPLICANT: City of Tigard OWNER: Dixon, Dart, Anderson, Hust, 13125 SW Hall Bozich, Haugen, Osborn, Dick, Tigard, OR 97223 Rouches, et. al. , Ryan, Carlson, Knudsen & Thomas, Moore, Huntley, Brooks, Main, Derosia, Dixon, Brady, Hing, Johnson LOCATION: Territory is bordered on two sides by Highway 217 and 90th Avenue. The Southern boundary is sawtooth in shape with portions bordering on North Dakota. SW 95th is the eastern boundary with a five lot appendage. 2. Background Information No other applications have been filed for land use actions for the subject property. 3. Vicinity Information C The property is bounded on the north and east by Highway 217. The i property to the north includes a large field and is zoned R-4.5. The property to the west is medium density residential development. STAFF REPORT - ZCA 87-10 - PAGE 1 �4 4. Site Information and Proposal Description There are eighteen single family houses located on the western and southern portions of the territory. The central and northern portions are grass and timberland. The land slopes to the south. 5. Agency and NPO Comments Responding agencies offered no comments on the proposal. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1. and 10.1.2 and Chapter 18.136 and Chapter 18.138 of the Community Development Code. The Planning Staff has determined that the proposal as submitted is consistent with the relevant portions of the Comprehensive Plan based upon the findings noted below: a. Plan Policy 2. 1 .1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. b. Plan Policy 10. 1.2 is satisfied because the Police Department has been notified and the land is located within Tigard's Urban Planning Area. The Planning Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below: a. Chapter 18.136 is met because the applicant has met all of the approval standards. b. Chapter 18.138 is met because the land does not meet the definition for buildable lands as defined by OAR 660-07-000 and shall be designated as "established area" on the Development Standards Area Map. C. RECOMMENDATION Based upon the above findings and conclusions, the Planning Staff recommends approval of ZCA 87-10 subject to the following conditions: 1. The property shall be designated as an "established area" on the Development Standard Areas map. 2. All development on the property shall be reviewed and approved by the City of Tigard. PREPARED BY: Duane Roberts APPROVED BY William A. Monahan Administrative Planner Director of Community Development C (DR:sb/3223P) STAFF REPORT - ZCA 87-10 - PAGE 2 , ELI � 1 ME r IIIAall irons MINNIE r ® ■IIi� :i1111■■� - CRESCENT ®1111 : awl: C�11l / l■ GROvE -AN .. :lil ■ !A��: 111"■'■'i ''1111/�� ■ ■■man ' ■e ' o a " �iJ� it ■ �N'■ ili � �:� .� IO ■ ,. �, -. ..fir, r•-- r' n ' gar, Blown Fir .� � ■ � ■ ■i� ■■ rid .!�\ � � �� JIM Ron in �� Q� �© ■® ■ , � a s � � .yam "�� ►�I ■t.t► ., 115 rs �� CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 13, 1987 DATE SUBMITTED: June 29 197 ISSUE/AGENDA TITLE: PREVIOUS ACTION: None Business Tax for Temporary Uses PREPARED BY: Elizabeth Newton DEPT HEAD OK CITY ADMIN OK REQUESTED BY: City Council POLICY ISSUE Should the City Council modify the requirements for Business Tax payment in conjunction with a Temporary Use? INFORMATION SUMMARY At the June 15, 1987 City Council Meeting after a presentation from TPI, the Council requested that staff propose a modification to the Business Tax requirements in conjunction with a Temporary Use. Attached is an ordinance which was distributed for your review on June 22, 1987. This ordinance proposes payment of one Business Tax for all businesses to be conducted in conjunction with a Temporary Use. ALTERNATIVES CONSIDERED Adopt the attached ordinance. Propose modifications to the attached ordinance. Take no action. FISCAL IMPACT Since only one Business Tax would be paid for each Temporary Use Permit, less would be paid to the City in business tax fees. However, far less staff time would be spent following up on enforcement for those businesses who are not in compliance. SUGGESTED ACTION Adopt the attached ordinance. EAN:kr/3332P I CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 7/13/67 DATE SUBMITTED: ISSUE/AGENDA TITLE: S.W. 135th PREVIOUS ACTION: Avenue LID PREPARED BY: Randall R. Woole DEPT HEAD OK CITY ADMIN 0 REQUESTED BY: OLICY ISSUE Formation of a local improvement district for improvement of S.W. 135th Avenue. INFORMATION SUMMARY Per previous Council direction, we are preparing the necessary documents for an LID of reduced scope, with two boundary options as discussed in the attached memo. At the July 13th meeting, we will have the necessary resolutions of intent for both options. The resolution will set a new hearing date for the modified LID proposal . The date of August 31st has been suggested. ALTERNATIVES CONSIDERED 1. Select Option B-1 or B-2 (per attached memo) and adopt a new resolution setting a hearing date. 2. Modify the proposed options. 3. Abandon the LID. FISCAL IMPACT SUGGESTED ACTION Option B-2 appears to best reflect the intent previously expressed by the Council. Staff suggests that the Council adopt a resolution of intent setting a hearing on Option B-2 for August 31st. The resolution is being reviewed with the Attorney and will be available at the July 13th meeting. RRW:kr/1942W MEMORANDUM CITY OF TIGARD, OREGON T0: Mayor and Council July 1, 1987 FROM: Randall Wooley �y SUBJECT: SW SW 135th Avenue LID Per Council direction, we are preparing documents for an LID to improve 135th Avenue from Scholls Ferry Road to the north line of the Krueger/Grist property (previously referred to as Option B). The project would provide improvements to minor collector standards including sidewalks, street lighting, and drainage. Also, per Council direction, we have explored two options for the LID boundary. The two options are shown on the attached drawing. Option B-1 is essentially the option discussed on June 8th, except that all of Cotswald No. 3 Subdivision is now included in the LID proposal. The assessment for a typical subdivision lot would be approximately $1,000. Option B-2 shows a somewhat larger LTD boundary. In this option, we took into account some changes that have taken place during the last few months. First, we recognized that recent preliminary plat approvals have modified the prospective land uses on several parcels within the LID. For those parcels, we calculated the traffic generation potential based on the approved preliminary plats, i.e. , as a collection of single-family lots. Second, we recognized that it will probably be 2 to 5 years before the Murray Boulevard extension is completed. In the interim, the developing properties shaded on the drawing will have their primary access along 135th Avenue. Preliminary plat approval was granted for these properties with the expectation that 135th Avenue will be improved to carry the additional traffic. Improvement of 135th Avenue appears to benefit these properties, although possibly not to the same extent that subdivisions immediately adjoining the improvement are benefited. To calculate the reduced share of the benefit, we assumed that the new street will have a 20 year design life, that during the first 5 years the properties will have their access 100% from 135th, and that during the succeeding 15 years the properties will have their access 33 1/3% from 135th. On this basis, their assessments are calculated at the rate of 50% of the traffic generation of other LID parcels as follows: x 100% + 15 x 33 1/3% = 50% (i05 20 Under Option B-2, the typical subdivision lot in the LID will have an estimated assessment of approximately $900. The shaded area will have assessments of approximately $450 per lot based on the number of lots in thQ preliminary plat. The shaded area will bear approximately 10% of the LID cost. C We are working with the Attorney and the consultant to prepare the resolution of intent, the revised assessment roll and the revised engineer's report for each t option. These documents will be available on July 13. RRW:kr/1942W MEMOIR one= D i,1 i'�9 t1111►�� ■ � ■ �,. all •• .rii iiiiiYii i✓.iii i ia'iv/////// /Iiiiii/ //// ivI//I/.F/��. � . mm - : • II�IItI/��1 along- ' • � AA71L�i�Viin► • • U-1 GIi'�/////�I% • �Illiumt/i anNm ��I ' Y � July 2, 1987 CITYOFTIIFARD OREGON 25 Years of Service A REPORT TO PROPERTY OWNERS 1961-1986 REGARDING SW 135th AVE= L.I.D. Earlier this year, the City was considering the formation of a local improvement district (LID) for constructon of improvements to SW 135th Avenue and a portion of Murray Boulevard extension. The City Council heard public testimony on the proposal at hearings in March, a workshop meeting in May, and a hearing in June. Following the June hearing, the Council directed that the original LID proposal be abandoned and that an LID of smaller scope be considered. The LID now being considered would improve SW 135th Avenue from Scholls Ferry Road to a point approximately 700 feet south of Morning Hill Drive. The roadway would be improved to minor collector standards with new pavement, curbs, sidewalks, street lighting, and storm drainage. Murray Boulevard is no longer a part of the proposed LID. Originally the revised LID boundary was drawn as shown in Option B-1 on the reverse side of this page. Under Option B-1, a typical subdivision lot would have had an estimated LID assessment of approximately 11,000. However, with the Murray Boulevard connection not being built by the LID, it appears that the developing properties along the south part of 135th Avenue may have their primary access from 135th Aveuue for the next several years, until Murray Boulevard is completed. Therefore, the Council directed that we consider a LID boundary that would assess these developing properties at a reduced rate reflecting their benefit from the proposed roadway improvement. This proposal is shown as Option B-2. Under Option B-2, the estimated assessment of a typical subdivision lot would be approximately 000. At the July 13th Council meeting, we will be presenting Options B-1 and B-2, along with updated cost figures being prepared by the engineering consultant. We anticipate that the Council will select one of the options for further consideration and set a date for a new public hearing. When the hearing date is established, property owners will receive a notice of the hearing and a revised estimate of the assessment on each property. If you have questions, please feel free to call me. Sincerely, �._ Randall R. Wooley, P.E. City Engineer (RRW:br/3354P) 13125 SW Hall Blvd„P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 gym_ T �i • �� IIS. �� . �g� 11 Avisr mm WWI" _ s - ; ■ iiii�uiij� � '� i � NIL 'moon 111 ��/�►� " . . ��■-- �� Nigro frll p•��i1 ry--t� L It �� r. ��,•:I�I��i� �� = mac. 3i� A*' �1 �� III ��► am mme ��ti� uu\� ■ �: rl�llIlls�� a 111111111/� . � ` ■ram �---, m PETITION TO THIS TICARD CITY COUNCIL, subject: proposed plan for -the SW 135th Street L.I.U. POSITION STATEMENT: We, the undersigned property owner:; living within the proposed L.I.D boundaries, ask that the City Council select as the final L.I.D. plan OPTION A (see attached map). This :Ls the original plan proposed by the City Engineer with the street designation changed to Minor Collector. Of all the proposals yet submittea for cosideration, it is the least expensive per household, and paves -the largest amount of roadway. Subsequent proposals reducing the scope of the project make no sense, since they do not reduce the cost ;o the typical homeowner. �-e sS 2 _. G 5 - 6 Sw _ 7 72o Sw 134&k T!:=__ - a i•��o S•ccs. i 3 y y-�-�-t�se kloi t'7 OD / sc� � rr' 13 r 0 15 /7 2,T /3 fe 16 7 5W 13 11-74a sw I ~ a 21 5 S�-v 22 24 25 26 y 27 28 29 tc)_ S 30 �r—S 31 3 32 r 114 it 33 q N < 35 L _ .T fill � ti MI/tl/�1 F'K�fi�S111 Z ntt: t�� mw ■tiN/: � S ♦ 111111�� It �tr../1�� = r • : - ��• �� i 47111 op wg -g- .. sm OMNI 1111111111+ j �1Mil • MAN IMZ own. r / VII. w:: t/k. �_ + air ■r 1 I.,r 1nib -41 111!1►�.•, ,�. SEEM ME 1/'e<1�11/1111 !loin ; sew a PETITION TO THE TIGARD CITY COUNCIL subject: proposed plan for the SW 135th Street L.T.D. POSITION STATEMENT: We, the undersigned property owner;; living within the proposed L.I.D boundaries, ask that the City Coiz.-Al select as the final L.I.D. plan OPTION A (see attached map). ThiL: ;i.s the original plan proposed by the City Engineer with the street d-asignation changed to Minor Collector. Of all the proposals yet submitted for cosideration, it is the least E ' expensive per household, and paves -the largest amount of roadway. Subsequent proposals reducing the scope of the project make no sense, since they do not reduce the cost to the typical homeowner. ........ ----- 71 A 2 3 4 5 6 7 8G- 9 !c9 3 L D_ a 116 1 11 G ,ct, ,0� 13 15 O 1 �� '• 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 I�► =�'• ': mow. ■ 1 '� I �/I !��. ��.■ nom.AL t- :�1 , No all 91 MI 111111 =Ob gas owl • • � .I.Illllh►•� ,�, h` • • •t ISO .. • ' :... WIN ' rid �/ `' �►I w.. .,L w 1� •�I, 'ice`.• ♦• wr: _� ~.� .�` - - �` D t/ •^ "l dip-� • OR X'l 74 PETITION TO THE TIGARD CITY COUNCIL subject: proposed plan for the SW 135th Street L.I.D. POSITION STATEMENT: We, the undersigned property owners living within the proposed L.I.D boundaries, ask that the City Council select as the final L.I.D. plan OPTION A (see attached map). This is the original plan proposed by the City Engineer with the street da signation changed to Minor Collector. Of all the proposals yet submitter: for ausideration, it is the least expensive per household, and pave; -the largest amount of roadway. Subsequent proposals reducing the scope of the project make no sense, since they do not reduce the cost to the typical homeowner. PtE.. ......... 2 ti 71714A LG .`,.,.> 1193 6 W •.-�i�i t �- 0 ss 3 11 'r 12 13 5� Fran-c�,� 7,Ste- 14 Ise 16 /J 1 3 18 � 19 33 sy 20 22 _ 23 �- L 24 25 26 27 28 _ 29 30 31 32 t 33 ' 34 35 36 (q �towS�l�s rgAs 0 owe Op w w a, �Ii''^ fit'`` ■ .i �: • ' Its, -*44' va .! • • VIA ir 0.7 do • ■ . ''KTI� y won No MR. v� //�` �►�., w.■ Wit, _W' ?rnft • IrOP �r I dWU ��: ��! I fllll�� fr ��.i► s�Vill i r i � a T•y4t►as r f '� , CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 13, 1987 DATE SUBMITTED: July 6, 1987 ISSUE/AGENDA TITLE: Solar Access PREVIOUS ACTION: Council approval to Project Update participate in the project PREPARED BY: Keith Liden DEPT HEAD OK ' ITY ADMIN OK REQUESTED BY: OLICY ISSUE INFORMATION SUMMARY The City agreed to participate in the Portland-Vancouver Metropolitan Area Solar Access Project. Staff will be available to give a short presentation and answer questions regarding status of the project. Attached is an overview of the study. I will be prepared to give a short presentation regarding the current status of the project on August 10, 1987. ALTERNATIVES CONSIDERED 1. Allow staff to present a status report on the solar access study on August 10, 1987. 54-ree _50uw P25&- vri .TAT F'+'E' g//0 FISCAL IMPACT 1. None. Modification to the Community Development Code may be required after the project is completed and reviewed by City Council. SUGGESTED ACTION No action required; receive and file. sb/3367P k _ PORTLAND-VANCOUVER METROPOLITAN AREA � SOLAR ACCESS PROJECT it SUMMARY OF MAJOR PROJECT ACTIVITIES p The Metro Area Solar Access Project is a cooperative effort of twenty-one local governments in five counties and two states. The purpose of the project is to develop a consistent solar access protection program for residences to implement in the Portland-Vancouver Metropolitan area. The project is funded by the Bonneville Power Administration under the provisions of the Northwest Power Act and administered by the Oregon Department of Energy. The Washington i State Energy Office provides technical assistance. Conservation Management Services, Inc. is the consulting firm managing the project. Other members of the consulting team are Benkendorf& Associates, Ames Associates, Larry Epstein, PC and Gregory Acker, AIA. The 21 local governments participating in the project Include: Washington County, Beaverton, Cornelius, Forest Grove and Tigard; Clackamas County, Canby, Happy Valley, Lake Oswego, �. Milwaukle, Oregon City , West Linn, and Wilsonville; Multnomah County, Gresham, Fairview, and Troutdale;Clark County and Vancouver;and St. Helens and Scappoose in Columbia County. The Metro Area Solar Access Project began in the fall of 1986. Project activities will occur over a two-year time period. Project activities are grouped in five major areas: 1) research; 2) public involvement; 3) public hearings; 4) training and technical assistance; and 5) Implementation and evaluation. Work tasks within each of these five areas are summarized �f below. RESEARCH ACTIVITIES i Several research activities will be conducted to identify the economic costs and benefits of implementing a solar access protection program in the metro area. s� SuNCHART SURVEY: A random sunchart photograph survey will be taken of 400 ' + single family houses in the metro area. This will make it possible to correlate levels of solar 1 access with such variables as street orientation, lot size, setback, slope, house size and height, location and type of vegetation,and age of the neighborhood. The purpose is to identify those !, variables which most affect solar access so that appropriate strategies to protect solar access are developed. ENERGY SAVINGS MODELING- The findings from the sunchart survey will be used as the basis of computer modeling conducted by the Oregon Department of Energy to estimate the energy and economic savings attributable to solar access. These estimates will 17, at;v for individual houses as well as the entire metro area. Estimates will be broken out oy existing and new housing stock. The economic estimates will examine the total value of incidental solar gains to conventional housing as well as to housing which explicitly incorporates solar features Into its design (e.g. increased levels of south facing glass, east-west ridgeline orientation). The computer modeling will examine the Impacts on summer cooling bads as well as winter heating bads. The*potential value of future solar uses such as hot water heating and photovoltaic generation of electricity will also be studied. The energy savings modeling will focus on single family uses; however, studies of several multi-family developments in the metro area will also be conducted. DEVELOPMENT DESIGN WORK: Several existing sabdivislons and Planned Unit ; Developments In the metro area will be studied to determine if alternative designs would have been feasible which would have provided greater levels of solar access to houses. An analysis will be made of the costs and benefits of incorporating solar access design principles into the developments. The plats for the developments will be redesigned, as appropriate, to demonstrate solar access design principles. REVIEW OF EXISTING DEVELOPMENT CODES: All of the development codes for the 21 local governments, including zoning, subdivision and Planned Unit Development ordinances, will be studied to determine the extent to which existing development codes in the metro encourage or discourage the protection of solar access. COMPARATIVE ORDINANCE STUDY: A study will be conducted to compare the effects of the City of Portland's solar access ordinance and a model solar access ordinance prepared by the Bureau of Governmental Research and Service on housing in the metro area. The study will examine the impacts of the two ordinances on level of sunshine protected to northern neighbors; house design, height and siting;and administration. The purpose of the study is to identify the best methods available for efficlen:dy proicchng s4olar access to houses. EXPERIENCES OF OTHER LOCAL GOVERNMENTS: Over 20 local governments in the Pacific Northwest have adopted and implemented solar access protection ordinances. The experiences of these local governments will be studied to Identify the provisions in their ordinances which might have the greatest benefit for the metro area. Among the existing solar access programs winch will be studied are those being Implemented in Grants Pass, Deschutes County, Springfield, Ashland, Corvallis, Creswell, Portland and Salem, Oregon and Pasoo, Kent s and Spokane County,Washington. PUBLIC ATTITUDE SURVEY: A public attitude survey will be conducted to determine the attitudes of the metro area population regarding the current and future use of solar energy and providing solar access rights to properties. PRE-TEST OF RECOMMENDATIONS: The recommendations of the Project's Steering Committee will be field-tested before they are presented to Planning Commissions and elected bodies for public hearings. This will make it possible to identify any modifications to the recommendations which should be made before they are implemented. PUBLIC INVOLVEMENT ACTIVITIES Public involvement activities form the foundation for the project. Numerous public involvement activities will be conducted throughout the project. LOCAL GOVERNMENT BRIEFINGS& Regular quarterly briefings at public meetings of Planning Commissions and elected bodies will be held to keep the decision-makers for each local government apprised of project progress and give them a direct opportunity to provide feedback to the project. ACTIVITIES WITH REGIONAL INTEREST GROUPS: A series of public involvement activities will be held with regional development sector trade associations, citizens groups. and individual interested parties. These will include home builders, land developers, architects, designers and remodelers. These activities will ensure that those people who would he affected by a regional solar access program will have the opportunity to directly contribute to the development of that program. ACTIVITIES WITH LOCAL INTEREST GROUPS: Another series of public Involvement activities will be held with interested parties at the local level. PROJECT COMMITTEE STRUCTURE: Each of the 21 local governments has appointed project liaisons from their staff, Planning Commission, and elected body to serve as the primary communication links to the project. These people will be responsible for forming a consensus regarding the type of solar access program which should be implemented. A Steering Committee will be appointed from the Project Lialsions. The Steering Committee will appoint technical committees to oversee project research and the development of ordinances. The - technical committees will be comprised of project liaisons and private citizens, including ' members of the development community. PROJECT NEWSLETTER: A quarterly project newsletter reporting on project events and soliciting feedback from interested parties will be published. PUBLIC HEARINGS Workshops and public hearings will be held with Planning Commissions and elected bodies in each of the 21 local governments after the project liaisons and various committees have formulated a consensus approach to implementing solar access in the metro area. TRAINING AND TECHNICAL ASSISTANCE A thorough training and technical assistance program for both local government staff and the private sector development community will be provided before the solar access program is Implemented. This will help to ensure the efficient implementation of the program. IMPLEMENTATION AND EVALUATION The solar cc ss program will be carefully evaluated during its first year of implementation to Identify any areas of the program which need to be fine-tuned. � � , ! � 2 0 � k � w \ ( a � ■ w § LLI k � % \ ' 2I § § k �k C4Cc � © � z [ a cr � �m � = f2 C 2CL7 f § 2 . W � Ck C . us 2 w ' ui f § ® ; _ ■ � §� I� ug EZ ■ § a2 # # 2 � tcla 0 -fn 0- CD � \ §£E�� Co - @� � o � � �a7 § �t2 $� 7g�77 � � Ar -�� a q � §%�� .�� ®�� §� ■ . . , . , cc w . CONSULTING TEAM PROJECT MANAGER MIKE MCKEEVER LOCAL REPRESENTATIVES CAROLE CONNELL MARIEL AMES LARRY EPSTEIN WASHINGTON CTY 'CLACKAMAS CTY 'LEGAL ANALYSIS FOR BEAVERTON • mBY ALL 21 GOVERNMENTS .CORNEOUS 'HAPPY VALLEY •FORESTGROVE 'LAKE OSWEGO 'LOCAL REP.FOR .Tir •MILWAUKIE FAIRVIEWRESH AM 'OREGON CITY •CLARK COUNTY •G . RESH 'WEST LINN •MULTNOMAH CTY .TROUTDALE •WILSONVILLE *VANCOUVER ST.HELENS •SCAPPOOSE i SPECIALISTS AL BENKENDORF DR.DAN LEVI •NEW DEVELOPMENT REDESIGN •PUBLIC INVOLVEMENT PLAN •LAND DEVELOPER PUBLIC INV. •PUBLIC ATTITUDES SURVEY BRYAN BOE GREGORY ACKER •SOLAR SETBACK STUDY 'ARCHITECTURE WORK •HOME BUILDER PUBLIC INV. JEFF CHRISTENSEN JEANNE McCORMICK .SUNCHART PHOTOGRAPHY 'STEERING COMMITTEE LES TUMIDAJ BACK-UP / 0 . � 1� MEMORANDUM V CITY OF TIGARD, OREGON TO: Mayor and Council / July 6, 1987 FROM: Randall R. Wooley� �1 ZL SUBJECT: Durham Road Construction As a condition of development of Tigard Towne Square, (Albertson's), the developers are required to construct improvements to Durham Road. The improvements include raising the road grade west of 113th Avenue to reduce the dip in the road and improve sight distance. In order to perform the road work, the contractor has requested permission to close Durham Road between 113th Avenue and Summerfield Drive for a period of one week in early August. If the road is closed, signing and public notices will encourage through traffic to use McDonald Street as the alternate route. However, residents familiar with the area will no doubt use Summerfield Drive and 98th Avenue as a shorter detour route. We would expect a substantial increase in traffic volumes on Summerfield Drive during the week that Durham Road is closed. If road closure is not allowed, then the construction work will take much longer to accomplish. The result would be a longer period of construction noise and congestion. If traffic is maintained during construction, dust control will be a greater problem. Traffic delays through the construction area would probably lead many drivers to use Summerfield Drive as a detour even if Durham Road were kept open. For these reasons, we propose to approve the one—week closure of Durham Road. It appears preferable to have the work accomplished as quickly as possible in order to minimize the period of associated noise, dust and traffic problems. Unless there are Council obiections, we will approve the one—week street closure. Prior to any street closure, we will work with the residents of Summerfield Drive and of 113th Avenue to make them aware of the reasons for the closure and its short duration. In addition, news releases will advise motorists of the closure and suggest alternate routes via McDonald Street or Tualatin Road. The developers have agreed to measures which will assure that the street closure is for as short a duration as possible, including contingency planning to assure that construction will continue even if they experience problems such as inclement weather or equipment breakdowns. We are making preparations to have all necessary signing on hand well in advance of the closure date, including signing of any truck prohibitions which the Council approves on July 27th. C The proposed improvements will result in a safer Durham Road. The public improvements are being provided by the developers at their expense. No public funds are required for this project. RRW:cn/1964W 10, 3 0L CITY OF TIGARD, OREGON MEMORANDUM TO: Honorable Mayor and City Council June 30, 1987 FROM: Bob Jean, City Administrator`// SUBJECT: COUNCIL CALENDAR, FY 1987-88 Based on our Workshop, I've prepared a tentative calendar along the lines of Council discussion. Official Council meetings are marked (*) with an asterisk. I've put question marks (?) along side those still needing Council OK. If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. July 4, Sat. Fireworks Celebration *7, Tues. 6:00 Executive Session (OPEU); 7:00 Planning Commission 8, Wed. 12:00 Noon Mayor's Wa. Co. Caucus (Salem, Rm. 357) 9-10, Thurs.—Fri. Timothy Lake Conference *13, Mon. Council Business Agenda (6:30/7:30) *20, Mon. Tigard/Tualatin Joint Council Meeting (Willowbrook) 23-26, Thurs.—Sun. Oregon Mayor's Association Meeting (Embarcadaro) 25, Sat. Cruisin' Tigard *27, Mon. Council Business Agenda (6:30/7:00) 30, Thurs. Boundary Commission regarding N.E. Metzger & islands 31, Fri. Chamber Movers and Shakers August *3, Mon. Council Business Agenda (6:30/7:30) 8, Sat. City Picnic, 12-7 (Council cooks 12-2) *10, Mon. Council Study Agenda (6:30) 17, Mon. NO COUNCIL 24, Mon NO COUNCIL *31, Mon. Council Business A-enda (6:30/7:30) September 7, Mon. NO COUNCIL (Labor Day) *14, Mon. Council Business Agenda (6:30/7:30) 18-20, Fri.—Sun. Council—Executive Staff Workshop? *21, Mon. Council Study Agenda (6:30) ?23, Wed. Budget Committee Workshop *28, Mon. Council Business Agenda (6:30/7:30) October ?7, Wed. Beaverton—Tigard Council meeting C *12, Mon. Council Business Agenda (6:30/7:30) *19, Mon. Council Business Agenda (6:30/7:30) i i November t *2, Mon. Council Business Agenda (6:30/7:30) 7-10, Sat.-Tues. League of Oregon Cities Conference, Portland (NOTE: Most Council related issues on Saturday & Sunday) i *16, Mon. Council Study Agenda (6:30) ?18, Wed. Budget Committee Finance Workshop *23, Mon. Council Business Agenda (6:30/7:30) 26, Thurs. Thanksgiving Holiday 27, Fri. City Hall Closed December ! *7, Mon. Council Business Agenda (6:30/7:30) 12-16, Sat.--Wed. National League of Cities Conference (Las Vegas) *14, Mon. Council Study Agenda (6:30) ?18-19, Fri.-Sat. Council Goals Workshop? *21, Mon. Council Business Agenda (6:30/7:30) January 740 Mon. Fanno Creek/Town Hall Conference? *11, Mon. Council Business Meeting 13, Wed. Budget Committee Meeting *18, Mon. Council Study Agenda (6:30) *250 Mon. Council Business Agenda (6:30/7:30) February *1, Mon. Council Business Agenda (6:30/7:30) *8, Mon. Council Study Agenda (6:30) *15, Mon. Council Business Agenda (6:30/7:30) 22, Mon. NO COUNCIL (President's Day) March ?2, Wed. Budget Committee (Message and Revenues) *7, Mon. Council Business Agenda (6:30/7:30) ?9, Wed. Budget Committee (Departmental Requests) *14, Mon. Council Study Agenda (6:30) ?16, Wed. Budget Committee (Departmental Requests) *21, Mon. Council Business Agenda (6:30/7:30) ?23, Wed. Budget Committee (Recommendation) 730, Wed. Budget Committee (Recommendation) i i April *11, Mon. Council Business Agenda (6:30/7:30) ?15-16, Fri.-Sat. Council Workshop *18, Mon. Council Study Agenda (6:30) E *25, Mon. Council Business Agenda (6:30/7:30) I C- [ i s may *9, Mon. Council Business Agenda (6:30/7:30) *16, Mon. Council Study Agenda (6:30) *23, Mon. Council Business Agenda (6:30/7:30) June *13, Mon. Council Business Agenda (6:30/7:30) *20, Mon. Council Study Agenda (6:30) *27, Mon. Council Business Agenda (6:30/7:30) BJ:mh0003a 7 MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council July 6, 1987 FROM: Bob Jean, City Administrator SUBJECT: FY 1987-88 Work Plans Attached are the Work Plans for FY 1987-88 revised per the Adopted Budget. Missing are the Board and Committee Work Plans which Jill Monley will develop this summer with Committee Chairs, Council Liaisons and Staff. 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WI O C O C 10fl c C 7 a b u CL O O =p v C14 M m M f M M y ti O•.A a c c W Y M M y ¢ O O m b d b O O CD G m n a n J I P d Cal 00 .� � U U. t'I O g m C n O a N M A h n } QQ 84 Aj ji M O C, N p O NC47 8 'o o X Z JIN cif `� rf O O 0 Y g L p Y o. a d a Fi _ Aj o 0 0 O xx O O C y �+ O W Y H Y n MM .+ O Z F MM O Y O —41 o M•w d L e YY Y M O ¢Y Y M w ryC O Y V (Z6� ■■■L�- Qd�pC7 p1 O.! E W Y �0 F O T C7 d C d L y O. L 2 d C �+ L6 6 C C n W r+ 7 11304,6 Y V 16 M 1G 1 IL O �1 O M o .� R d �•+ li y O d d-.•1 L C OC O :J y Y L O G Y L 6 ■ M y 4 M L L CK Y O O O } „^ y C M J O � ; �d O a A 6 X++ Y Z •.+Y J a CL .G 0.M w O U ¢ d m— C L M N W L C N t7 C 6 L 7 C Y 2 w u L C7 7 a+ O O.O C F K Y !M L d L O U Y Y d y 01 W V W 7 C C U d O C d m E M O y d F L C L. y y p y M M L Y C o O 4 O M d M y J C L W M w ryp 1p��pa ZZ c yQJLCp Cpm ++ V •.�Y Y. 2 P4 7 4 O � t` �K U �C7d LLU M (�1'y 2a} CL Ut+. 00 ¢Oy y O p m y y O O d 0 0 0 0 0 O O N O O 0 0 0 0 0 0 0 O O O O0 0 0 0 0 M 0 0 0 0 ZZZ M M � j i i u LL( CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 13, 1987 DATE SUBMITTED: July 7, 1987 ISSUE/AGENDA TITLE: WCCLS Services PREVIOUS ACTION: None Contract/WILI Agreement PREPARED BY: I. Ertell DEPT HEAD OK CITY ADMIN 0 REQUESTED BY: OLICY ISSUE INFORMATION SUMMARY The WCCLS Services Agreement is for 1987--88 through 1988-89. The two—year contract is to enable services to continue while the structure and governance issue is settled. The WILI Agreement is for 1987-88 and assures Tigard Public Library of access to the County collection as well as participation in policy issues relating to the operation of WILI. Both contracts have been reviewed by the Library Director and the City Administrator. ALTERNATIVES CONSIDERED 1. Sign both contracts as written. 2. Delay signing for a review by Council. FISCAL IMPACT 1. Tigard Public Library will receive $215,000 from WCCLS Service Contract the first year. 2. WILI has greatly increased fine and lost material collection by approximately $500 per month. SUGGESTED ACTION Approve and authorize City Administrator to enter into the Agreements on behalf of the City of Tigard. IE:cw/4733A C . Washington County Cooperative Library services LIBRARY SERVICES AGREEMENT WASHINGTON COUNTY INTER—LIBRARY INFORMATION (WILI) AGREEMENT Ft�• 5 JUNE, 1987 Mailing Address:P.O Bar 5129 Aloha.Oregon 97006 Location:17880 S.W.Blanton Street Aloha,Oregon Telephone:(503)642.1544 INDEX TO AGREEMENT Section i Page 1 . Term of Agreement 2. Extension of Agreement 2 3. Compensation 2 4. Funding Formula 3 A. Method 3 B. Total Revenue Estimate C. Total Payment Estimate D. Creation of Funds E. City Fund F. Unincorporated Fund G. Circulation Estimates 5. Limitations on Payments 6. Adjustments in Payments 7 7. Payment Schedule 8 8. Special Library Fund 9 9. Services to be Provided by WCCLS 10 10. Services to be Provided by Contractors 1 11 - Relation to Agreement for Automated Library System 122 13 12. Record Keeping 13. General Calendar of Events 13 14. Termination 15 15. Compliance with Applicable Laws 15 16. Hold Harmless 17 17. Captions 18 18. Severability i9 20 INDEX TO AGREEMENT Section J/ Page 1 . Term of Agreement 2 2. Extension of Agreement , 2 / 3. Compensation 3 4. Funding Fornula 3 A. Method B. Total Revenue Estimate C. Total Payment Estimate D. Creation of Funds E. C i ty Fund F. Unincorporated Fund G. Circulation Estimates S. Limitations on Payments 7 6. Adjustments in Payments 4 8 7. Payment Schedule 9 8. Special Library Fund 10 9. Services to be Provided by WCCLS 10 10. Services to be Provided by Contractors 12 11 . Relation to Agreement for Automated Library System 13 12. Record Keeping 13. General Calendar of Events 13 14. Termination 15 15. Compliance with Applicable Laws 15 16. Hold Harmless 17 C 17. Captions 18 18. Severability 19 20 WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES NON-FEE ACCESS AND LIBRARY SERVICES AGREEMENT This Agreement is made by and between Washington County, a home rule subdivision of the State of Oregon, on behalf of Washington County Cooperative Library Services, hereinafter referred to as "WCCLS", and the City of Tigard being one of the Cities of Beaverton, Cornelius, Forest Grove, Hillsboro, Sherwood, Tigard and Tualatin, or Banks School District #13 on behalf of Banks Community Library, or Cedar Mill Community Library Association, or Town Center Public Library, Inc. , hereinafter referred to as "Contractor(s) ". WHEREAS, the voters of Washington County have approved a serial levy which will provide $2,600,000 annually for fiscal years 1987-90 for countywide library services including non-fee access by County residents to libraries operated by Contractors; and WHEREAS, the parties to this Agreement are either units of local government empowered by ORS 190.010 to enter into an C WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES NON-FEE ACCESS AND LIBRARY SERVICES AGREEMENT Page 2 intergovernmental agreement or are private non-profit on profit agencies operating public libraries; and WHEREAS, WCCLS is desirous -of contracting with Contractors to provide non-fee access and library services and the Contractor is capable of providing such access and services. NOW, THEREFORE, in consideration of the mutual promises contained herein , the parties agree as follows : 1 ) Term of Agreement This Agreement shall be in effect from July 1 ,. 1987, to June 30, 1989, except as otherwise provided in Sections 2) or 14) of this Agreement. It is the intent of the parties that this Agreement become effective on July 1 , 1987. 2 ) Extension of Agreement This Agreement shall be automatically extended through the 1989-90 fiscal year unless either the County or the Contractor gives notice by April 30, 1989 that amendments are requested or that the contract will be terminated under Section 14) of this Agreement. WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES NON-FEE ACCESS AND LIBRARY SERVICES AGREEMENT Page 3 3) Compensation 4 As compensation to Contractor for the services to be ` provided pursuant to this Agreement, WCCLS agrees to make payments to Contractor according to the funding formula set forth in Section 4) below and according to the payment schedule f set forth in Section 7) of this Agreement. 4) Funding Formula A. Method. The amount of total payments to be made to Contractor during the term of this Agreement shall be determined by the method set forth in this Section. The initial estimated amount of annual total payment shall be based on the figures set forth in Exhibit "A" , "Draft Levy Distribution Formula for FY 1987-88". B. Total Revenue Estimate. The initial estimated amount of annual total revenue shall be that amount in the Special Library Fund as provided in Section 8 below and shall include any estimated beginning balance carried on from the previous fiscal year, the estimated property tax collections , including delinquent tax collections, which may be less than the total provided by the serial levy, and other estimated amounts of revenue from various sources. WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES NON-FEE ACCESS AND LIBRARY SERVICES AGREEMENT Page 4 C. Total Payment Estimate. The initial estimated amount available for payments under this Agreement to Contractors shall be the initial estimated total revenue less estimated expenditures for County administrative charges (including elections and cost allocations) , Countywide library services (including those services described in Section 9) of this Agreement, Automation, and Contingency. D. Creation of Funds. The initial estimated amount available for payments as determined in subsection C of this Section shall be divided into two funds based on the following: 1 . The City Fund shall be based on the assessed valuations of Contractors which are cities and the City of Wilsonville (which is not a Contractor, but a portion of which is in the County ) , and 2. The Unincorporated Fund shall be- based on the remainder of the assessed valuation in the County. E. City Fund 1 . The City Fund shall be used to make payments for services provided to City residents by Contractors. WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES NON-FEE ACCESS AND LIBRARY SERVICES AGREEMENT Page 5 2. The City Fund shall be allocated as follows : a) Contractors which are community libraries (specifically Banks School District #13, Cedar Mill Community Library Association and Town Center Public Library, Inc. ) shall be paid at the rate. of $1 .50 per circulation for services provided to residents of cities which are parties to this Agreement; b ) Contractors which are cities shall be paid at the rate of $1 .50 per circulation for service provided to residents of other cities which are parties to this Agreement; c) WCCLS may retain funds at the rate of $1 .50 per circulation for service provided by the libraries operated by WCCLS (specifically the West Slope Library) to residents of cities which are parties to this Agreement. d) Contractors which are cities shall , in addition, be paid a proportional share of the City base refund as set forth in Exhibit A. Such proportion is to be based on assessed valuation. WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES ' NON-FEE ACCESS AND LIBRARY SERVICES AGREEMENT Page 6 F. Unincorporated Fund 1 . The Unincorporated Fund shall be used to make payments for services provided to residents of the County who do not reside within any of the cities which are parties to this Agreement. 2. The Unincorporated Fund shall be allocated as # follows: a) Contractors which are cities shall be paid at the rate of $1 .50 per circulation for service provided to residents of the County who do not reside within any of the cities which are parties to this Agreement. b ) Contractors which are community libraries ( specifically Banks School District #13, Cedar Mills Community Library Association and Town Center Public Library, Inc. ) shall be paid at the rate of $1 .50 per circulation for service provided to residents of the County who do not reside within any i of the cities which are parties to this Agreement. c) WCCLS may retain funds at the rate of $1 .50 i per circulation for service provided by the libraries operated ` by WCCLS (specifically the West Slope Library) to residents of C s , I WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES NON-FEE ACCESS AND LIBRARY SERVICES AGREEMENT Page 7 the County who do not reside within any of the cities which are parties to this agreement. d) WCCLS shall• retain any funds which remain in the Unincorporated Fund at the end of the fiscal year and carry them forward to the next fiscal year. G. Circulation Estimates The estimates of circulation used in Subsections E and F of this Section, shall be based on Exhibit "B "Circulation Survey Results", such survey being taken and prepared and being based on the information made available by WCCLS through the Washington County Interlibrary Information System (WILI ) (including information on West Slope Library) , by Contractor under the terms of this Agreement, and by previous agreement between the parties and by the City of Wilsonville. 5) Limitations on Payments A. Payments from the Unincorporated Fund to Contractors which are cities under Section F.2.a. , shall be limited as provided in this Section. WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES NON-FEE ACCESS AND LIBRARY SERVICES AGREEMENT Page 8 B. Payment to a Contractor which is a city from the Unincorporated Fund shall not constitute a greater percentage of that Contractor's total city library budget than the circulation to residents of the unincorporated area of County constitutes of that Contractor's total library circulation. The minimum estimated total library budget required for each Contractor which is a City is set forth in Exhibit "C", "Minimum Budget Requirement in Contract". C. WCCLS shall make appropriate adjustments in payments to assure compliance with this limitation. 6 ) Adjustments in Payments A. Payments may be adjusted by WCCLS as provided in this Section. B. The parties recognize that the Funding Formula set forth in Section 4 of this Agreement may result in a greater surplus or lesser deficit amount in the City Fund or the Unincorporated Fund than the amount initially estimated. C. Upon finding that an adjustment in payments is necessary, WCCLS shall prepare a proposal for allocating the surplus or deficit in an equitable manner among the Contractors. Unless there are special circumstances which WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES NON-FEE ACCESS AND LIBRARY SERVICES AGREEMENT Page 9 clearly indicate that not all Contractors are affected, it is the intent of the parties to share any surplus or deficit among all libraries (specifically all Contractors , West Slope, and the City of Wilsonville ) in an amount proportional to each library' s percentage of the total amount available for payment. D. WCCLS shall notify the Contractors in writing of any adjustments under this Section. 7 ) Payment Schedule A. WCCLS agrees to make payments to those Contractors which are cities as follows : 1 . Two-thirds of the total annual payment shall be made on or before December 31st; and 2. One-third of the total annual payment shall be made on or before April 15th. B. WCCLS agrees to make payments to those Contractors which are community libraries (specifically Banks School District #13, Cedar Mill Community Library Association and Town Center Public Library, Inc. ) on a monthly basis. C f 7 WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES - NON-FEE ACCESS AND LIBRARY SERVICES AGREEMENT Page 10 8) Special Library Fund A. The County on behalf of WCCLS shall maintain a Special Library Fund, which shall include: 1 . Any remaining funds from a previous year which shall be carried over to the next year; 2. All property tax collections made under the current or previous serial levy ; 3. All interest earnings on the Special Library Fund, in accordance with ORS 294.080(1 ) ; and • 4. Other revenues for library services. 9) Services to be Provided by WCCLS A. WCCLS agrees to provide the Countywide services to Contra,:`:,rs , including but not limited to: 1 . Regional non-fee access (ACCESS '86) ; C WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES •NON-FEE ACCESS AND LIBRARY SERVICES AGREEMENT •• ' , � 'Page 11 2. General coordination of Countywide services among Contractors and with regional •and state library service providers ; 3. Reference and interlibrary loan services; 4. Outreach services to the elderly, physically handicapped and institutionalized; 5. Books by .Mail to rural route boxholders and any qualified Washington County resident on request; 6. Childrens services including Summer Reading Program; 7. Courier services; 8. Planning for long-term growth and• development of Countywide library services; and 9. Operation and maintenance of the Washington County Inter-Library Information System. C.: WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES NON-FEE ACCESS AND LIBRARY SERVICES AGREEMENT Page 12 10) Services to be Provided by Contractors A. Each Contractor agrees to expend all funds received under this Agreement in providing library services according to Contractor 's established policies , and ensuring that Contractor's library facilities are open for public use by Washington County residents . B. Each Contractor further agrees that, while it is within the sole discretion of the Contractor whether or not to charge reasonable fees , Contractor shall apply all circulation policies, including fees , uniformly to all general borrowers within Washington County or residents of counties which have reciprocal borrowing agreements with Washington County. Such policies may apply to all normally circulating library materials , and such fees may include special service and overdue fees. Nothing in this Agreement is intended to restrict Contractor' s policies or fees as applied to borrowers who are not Washington County residents or not residents or borrowers who live in counties which have reciprocal borrowing agreements with Washington County. C. Each Contractor agrees that it will designate a staff member with whom WCCLS deals in administration of this Agreement on behalf of Contractor and who shall be authorized to WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES NON-FEE ACCESS AND LIBRARY SERVICES AGREEMENT Page 13 receive and give any notices which may be required under this Agreement. 11 ) Relation to Agreement for Automated Library System The parties acknowledge that the County and Contractors have entered into a separate agreement for an automated library system as referred to in Section 9-A-9 of this Agreement, and intend that these Agreements complement each other. 12) Record Keepinq A. WCCLS agrees to provide each Contractor with a copy of the County ' s annual audit, upon request by the Contractor. B. Each Contractor agrees to provide WCCLS with a copy of Contractor ' s annual audit. For purposes of this Section , the following requirements shall apply: 1 For Contractors which are cities , the audit shall be that of the city , and shall be supplied upon request of WCCLS. 2. For Contractors which are community libraries (specifically Banks School District #13, Cedar Mill Community WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES NON-FEE ACCESS AND LIBRARY SERVICES AGREEMENT Page 14 Library Association and Town Center Public Library, Inc. ), the audit shall be the result of an annual review of the Contractor 's financial statements made by an independent certified public accountant in accordance with standards of the American Institute of Certified Public Accountants , and shall be supplied by December 31st of each year to WCCLS. C. Each Contractor agrees to provide WCCLS with a copy of the annual report required to be made to the Oregon State Library in accordance with ORS 357.520. D. WCCLS and Contractor agree that circulation records were required under previous agreement of the parties to be kept by Contractor on a continuing basis and surveyed by Contractor during certain periods , and that it is the intent of the parties that such circulation records are to be made available as part of the agreement for Automated Library System referred to in Section 11 above. However, in the event that circulation records are not fully available through the automation system under the separate agreement, Contractor shall remain obligated to provide required information on circulation by appropriate means. t': WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES NON-FEE ACCESS AND LIBRARY SERVICES AGREEMENT Page 15 13) General Calendar of Events The parties recognize that successful completion of responsibilities under this Agreement requires WCCLS and the Contractor to make appropriate information available to each other on a timely basis, and that a "General Calendar of Events" as set forth in Exhibit "D" is hereby incorporated by reference herein for use as a guideline for the parties. 14) Termination A. The County shall have the right to terminate this Agreement upon sixty (60) days written notice, if it determines , in good faith , that: 1 . The public interest would be served by such termination; or 2. Adequate funds are not available. B. Each Contractor shall have the right to terminate this Agreement upon (60) days written notice, if the Contractor determines , in good faith, that: WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES NON-FEE ACCESS AND LIBRARY SERVICES AGREEMENT Page 16 1 . The public interest in its jurisdiction or area of service would be served by such termination; or 2. Appropriated funds for Contractor are less than the amount reasonably anticipated. C. The County and each Contractor shall have the right to terminate participation in this Agreement separately, and Agreements between remaining parties and the County shall remain in effect. D. In the event of the termination by the County or a Contractor, compensation to the affected Contractor shall be limited as follows: 1 . If County is the party initiating termination, the County shall provide the Contractor monetary consideration stated in this Agreement prorated to the date of termination as compensation for disruption of service. 2. If a Contractor is the party initiating termination, a) The Contractor shall be entitled to the monetary consideration stated in this Agreement through the C WASHINTACCESSCOUNTY ANOCOOPERATIVE SER VICES RAGREEMENTS NON-FEE Page 17 remainder of the fiscal year; provided, however, that Contractor continue the provision of stated library services and that Contractor shall be obligated to expend those funds according to the provisions of Section 10 of this Agreement; b) Contractor may elect to receive sixty (60) days entitlement and be relieved of all service obligations as compensation for disruption of Contractor ' s library services. 15) Compliance with Applicable Laws Contractor agree that it shall comply with all applicable laws and regulations , including but not limited to those referenced in this Section. A. Equal Opportunity. County Personnel Rules provide that County shall enter into contractual agreements only with Equal Opportunity Employers. Therefore, Contractor hereby agree that its employees (and applicants for employment) shall not be discriminated against because of race, color, national origin , religion , physical or mental handicap, sex or age , except in the case of bona fide occupational qualifications as defined and Provided by applicable federal or state law. ,r WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES NON-FEE ACCESS AND LIBRARY SERVICES AGREEMENT Page 18 B. Compliance with Applicable Provisions of ORS Chapter 279. Contractors which are community libraries further agree that they shall comply fully with all applicable provisions of ORS 279.310 through 279.430. These include: ORS 279.310, ORS 279. 312 relating to payment of labor, materialmen, the Industrial Accident Fund and the Department of Revenue and prohibiting any lien or claim to be filed against County on account of labor or material furnished; ORS 279. 314 authorizing County to pay said claims on behalf of Contractor; ORS 279.316 relating to overtime and 279.320 relating to medical care. Said provisions are hereby incorporated by reference and the applicable terms contained therein shall . be binding upon Contractors which are community libraries in the same manner as if they were fully set forth herein. 16) Hold Harmless A. Each party agrees to indemnify and hold harmless each of the other parties , its officers , employees , agents and representatives from and against all claims , demands , penalties , and causes of action of any kind or character, including the cost of defense attorney' s fees arising in favor of any person on account of personal injury, death or damage to property arising out of services performed, the omission of services or in any way resulting from the acts or omissions of the party so Q _ 4 WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES 'NON-FEE ACCESS AND LIBRARY SERVICES AGREEMENT Page 19 indemnifying or its agents, employees , sub-contractors or representatives. Indemnification agreed to herein is subject to, and shall not exceed, the limits of liability of the Oregon Tort Claims Act (ORS 30.260 through 30.300) . B. Contractors agree that the following requirements will be met: 1 . For contractors which are cities or other forms of municipal incorporations or public bodies (specifically the Cities of Beaverton , Cornelius, Forest Grove, Hillsboro , Sherwood, Tigard or Tualatin and Banks School District #13 on behalf of Banks Community Library), contractors are subject to the Oregon Tort Claims Act (ORS 30.260 through 30.300) . 2. For contractors which are community libraries and are non-profit corporations (specifically Cedar Mill Community Library Association and Town ' Center Public Library, Inc. ) , contractor shall provide to the County proof of insurance not less than the limits of liability of the Oregon Tort Claims Act (ORS 30.260 through 30.300) . 17 ) Captions Captions and headings used in this Agreement are for convenience only and shall not be construed or interpreted so as { C •WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES ••NON-FEE ACCESS AND LIBRARY SERVICES AGREEMENT Page 20 to enlarge or diminish the rights or obligations of the parties hereto. 18) Severability If any section , subsection , sentence, clause, phrase or portion of this Agreement is, for any reason , held invalid or unconstitutional by a court of competent jurisdiction , such portion shall be deemed a separate , distinct and independent provision , and such holding shall not affect the validity of the remaining portions of this Agreement. r hJ ontr c or as ington County title title Date: Jtc �� 3, 1 �t Sn Date: Recording Secretary Date: APPROVED AS TO FORM: Assi tant Cotnty ounse 1515m -EXHIBIT "A" , Draft Levy Distribution Formula for FY 1987-88 {� 1987-88 REVENUES Current Tax collections $2,340,000 Delinquent Tax Collections $165,000 Interest $30,000 Per Capita State Aid $15,000 Grants $10,500 Misc. Revenue $4,000 Automation Enhancement $90,210 Cash Carry Forward $510,032 TOTAL ESTIMATED REVENUE $3,164,742 EXPENDITURES Administration $159,962 Books by Mail/Courier $134,220 Outreach $61, 142 Reference/ILL $82, 176 SUBTOTAL $437,500 Regional Access $60,000 WILI Operations & Maint. $294,811 Enhancements $90,210 Loan payments $261,488 Contingency $168,000 SUBTOTAL OF COUNTYWIDE EXPEND. $1,312,009 Available for Reimbursement $1,852,733 City fund $895,476 Unincorporated fund $957,257 Shared deficit ($45,904) Reimbursement for Non-Fee Access Banks $19,259 Beaverton $639,568 Cedar Mill $204,966 Cornelius $10,853 Forest Grove $137,026 Hillsboro $266,650 Sherwood $17,678 Tigard $214,881 Town Center $155,526 Tualatin $101,320 West Slope $74,231 Wilsonville $10,775 SUBTOTAL FOR NON-FEE ACCESS $1,852,733 TOTAL EXPENDITURES $3, 164,742 6/16/87 - 1N+!-:m orY1�i nNVY! mr-� ryYW lnoiu w- w- Nom »1n n1 1n=:1•! P•mN a h N • N Y N m L O ..N - ON OIN O m m♦ UO) N NWN NO01 NN O 6,1 ON O OU 0101 -•Y01 Om - to ON m-+ YN NN NN --N NN U O O N N O N N N •�a N M N M M w M M N M C:4 33 000 YON 000 000 0000 000 000 NON 000 ONO 000 go J 'O 'O O O O O O 0 O O O 3 000 OWN mmN 000 000 wmm N-•N NN-+ mvm WYO 000 1p << ON 10-0 ON ON ON -90NN •�N O« QOM ON N O O O O O ON ON —ry O WN O N F N M m N 000 Om0 ON01 NON -•ON W- m N- w m-•O mNY WYY OWN ON YmN -•IN --m -•N mNW WW ONN --W mm NNN n O O m N N .to .N N N O N N Y 0 O -•m O . N O Ow 'ON OM Nm ON' ON P N N O 01 M M M 000 Y-•-• 000 000 000 NY 0010 NYN ~ O "ON 000 I 01 ON Y-•-• ON ON ON N--O ONO NNN ON Ym ON Y O OM O O O OM N� -•m ON NN+ O N 111 N N O M ONO -WV OWY NN-+ ON OOO000 woo Y-• NNN mNm NN ;NN 10900 010^ NWN 01NN ON -•-•N NN,O O» OM v J_ ON -•p -•ry yW - -•U 08 O OM 'q O O N S N N N N M N .• •w C Y-ON YmN ONO WONN0mWNO ONO ♦ 000 YYN woo NNW nNmN o 000NN N N =11!" YON ON YNO Om O IV •NOMOOW - 10N O OM OO k. p1.p M M 82 0800 10!10, NW N P)mN0 mrn0 1tl0.0 080 ••O! ..-- NON o80 p po m O O - OMno; wo" mmr O Ow ON ON O O M N M N »M H 11l p y� • Y .46 ir! ON1O100 -•OM NNN ^00 �$v 00Y� ry111 namr� Y1O01b I -• 00 ffVV IV I m 1 . O OY -•Ory O OM -•N OM -•N -•!0 OM O» N . n w t J v 1 • I 1 `• V`• Y 41 a i1 .`•+ Y M vi yMj� 41 41 ,+ • 414 Y/ 1 yNf N0� •V to a I.; , NA A•Y 0 / 1.0 • yj f•• E V M• •r Jl` •+Y• •+1/r .ry M •••V LML •+4l 1001 -•M M •+N 0 •r41• •+0 M M •u 6401 f+M) ••,•✓) •Y •11 •N�7 •y7 •VS Y1Vp"D• 000 •11• �I A ■XL ■XDlt X1111111111 XDL �XDDDDD� XI inXDD1 X � 1.1%L 30 MXL a u N s 0 s 40 i $ o - i c ° OL I CL W XHIBIT "C" inimum Budget Requirement in contract City Lib. Percent Service to Minimum Unincorp. Unincorp. budget Res. use Residents required Library (1986) 1987-88 1987-88 Beaverton 45.46 $331,295 $728,726 Cornelius 18.77 $6,523 $34,746 Forest Grove 34.42 $74,513 $216,475 Hillsboro 32.87 $99,324 $302,207 Sherwood 41.10 $12,275 $29,865 Tigard 29.03 $53,953 $185,847 Tualatin 10.12 $16,033 $158,369 C EXHIBIT D GENERAL CALENDAR OF EVENTS July Library Services Agreement goes into effect Monthly payments to Cedar Mill , Town Center. Banks begin Fiscal year circulation figures compiled City Libraries turn in present fiscal year budget to check minimum level of city support October ACCESS '87 statistics compiled Oregon State Library reports filed Countywide assessed valuation figures available December First check for 2/3rds of WCCLS payment is made to cities with adjustments in city reimbursements from previous fiscal year if necessary January Calendar year circulation statistics compiled WCCLS budget process begins April Final payment to cities ' June Adoption of WCCLS budget by Board of Commissioners C_ I 6/16/87 WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES WASHINGTON COUNTY INTER-LIBRARY INFORMATION (WILI) AGREEMENT This agreement is made by and between Washington County, a home rule subdivision of the State of Oregon, on behalf of Washington 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 WILI Users. WHEREAS, the parties hereto are presently participating in the WCCLS Library Serial Levy and/or are currently participants in the WCCLS Network; WHEREAS, the parties are either units of local government empowered by ORS 190.010 to enter into an intergovernmental agreement; or are private non-profit agencies operating public libraries, and WHEREAS, WCCLS has purchased and installed an automated integrated library system and is desirous of making this system available for use by libraries in Washington County; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: A. Definitions. The following definitions shall be used in constructing the following phrases, terms and abbreviations in this agreement: 2 1 . WCCLS - Washington County Cooperative Library Services, an administrative agency for countywide library services in Washington County 2. WILI - Washington County Inter-Library Information, an integrated automated library system offering online circulation, public access catalog, acquisitions and cataloging software, hardware and associated peripherals. 3. DYNIX, INC. - Vendor of automated library system located in Provo, Utah. 1 . WCOLS 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. WILI USER GROUP - A committee of the WCCLS Network which will advise WCCLS on the operation of the automated library system, the Committee to be composed of one representative from each WILI User. 7. LIBRARY SERVICES AGREEMENT - Contract between Washington County and library service providers to provide services to all county residents, which contains the formula under which WCCLS makes payments to public libraries and also contains the Library Serial Levy budget, including WILI budget. S. MARC - Machine Readable Cataloging. c f 3 B. Terms of Agreement This agreement shall be in effect for the period July 1 , 1987 to June 30, 1989, except as otherwise provided in "Section D. Ownership and Management of WILI" below. C. Responsibility for Cost Allocation 1 . WILI Users recognize that substantial capital investment has been made by WCCLS in acquiring the necessary system hardware, software, and peripherals and these acquisitions were necessary for each WILI User to participate effectively as an integral part of WILI. WILI Users further recognize these acquisitions have been made in the contemplation that all WILI Users remain participating and integral units of WILI for the entire term of this agreement. In contemplation of the hardship which will be Incurred by WCCLS if a WILI user terminates or breaches this agreement, except as a WILI User may opt out under the non- appropriation clause under section Q herein, it is agreed by the parties that the WILI user shall remain responsible for payment of the cost allocation as specified under "Section Q. Cost Allocation Formula. " 2. WILI 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 l and User these files shall be provided to the WILI User by WCCLS In machine-readable form. C 4 D. Ownership and Management of WILI 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 WILI User according to EXHIBIT B, Initial Equipment Schedule, of this agreement. All central site system upgrades will remain the property of WCCLS. Connection of any additional peripheral equipment must be approved by the WILI User Group. The Washington County Board of Commissioners, as governing body of WCCLS, retains final authority for decision-making related to WILI and its operation. E. Service Availability WILI will be available for use by WILI Users for circulation and other transactions 8:00 am - 9:00 pm, Monday - Thursday, 8:00 am 6 pm Friday and Saturday. WCCLS, through its contracts for hardware and software maintenance, shall maintain the equipment to provide for minimal downtime excluding communications lines. No liability shall be assumed by WCCLS, however, if WILI experiences downtime. The parties recognize that on occasion it may be necessary to temporarily suspend WILI availability because of operational or maintenance requirements. WCCLS agrees to provide WILI Users with prior notice of WILI unavailability except for unavoidable downtime with WILI failure, if it will affect library operations and/or business hours, and further agrees to make every effort to schedule maintenance when libraries are not open. Such temporary suspension of WILI 5 availability shall not be deemed an unreasonable prevention or postponement of System use by WILI Users. F. Standards for Bibliographic Records WCCLS will be responsible for maintaining MARC bibliographic records and for author and subject authority control in the WILI data base. WILI Users will be responsible for inputting the necessary information, as defined by the WILI User Group and WCCLS cataloging staff, in their Bibliographic Short Entries. WCCLS will utilize several bibliographic services to obtain MARC records. Bibliographic services will be monitored and evaluated by WCCLS in order to maintain the most appropriate and highest quality bibliographic database. WILI Users shall have full responsibility for linking item information (barcode number, library location, volume number, call number, copy number, type of material, publishing information, etc. ) for their holdings to title information contained in the bibliographic database. G. WILI User Group A standing committee of the WCCLS Network shall continue for the purpose of advising WCCLS on matters relating to the operation of WILI 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 WILI 6 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 and shall be known as WILI User Group. J H. Admission of Other WILI Users WCCLS shall have the option of admitting other libraries to WILI 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 User so admitted shall pay to WCCLS the full costs for any modification to the central system which may be required, and for necessary communications equipment, branch sign-on charges from Dynix, training, barcode labels, patron cards, terminals, lightpens, laser readers or printers and their installation and a system entry fee. They shall also pay to WCCLS their share of operating costs according to the formula used in EXHIBIT A, Cost Allocation Formula. Admission of New Users shall require unanimous approval of present WILI Users. I . Duties and Responsibilities of WCCLS Pursuant to the Agreement between WCCLS and Dynix, Inc. , and with the advice of the WILI Users, WCCLS shall: 1. Manage WILI pursuant to the terms and conditions of this Agreement and all agreements concerning system operation. 2. Regularly review the operations of the System, evaluate CSystem performance, and develop plans for modifications, z upgrades and new services. 3. Purchase all central system equipment, house such equipment in a suitable environment and maintain said equipment in good operating condition. 4. Administer contracts with all service vendors relating to WILI, including contacts with such vendors. 5. Purchase • and maintain all communications equipment in good operating condition. 6. Provide reports to WILI Users on the status and performance of WILI. T. Enforce rules and regulations adopted by the WILI User Group necessary to coordinate orderly use of the system by WILI Users. 8. Coordinate future purchases of WILI User peripheral equipment, including terminals, modems, lightpens, laser readers, communications equipment 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 WILI services for WILI Users. 10. Maintain sound relationships with other libraries, networks, utilities and vendors, where necessary, to provide WILI services. 11. Employ all personnel needed to maintain and operate the Central site utility. 8 12. Maintain equipment listed in Exhibit B, Initial Equipment Schedule Exhibit and Exhibit C, Secondary Equipment Schedule. 13. Provide specifications for installation of peripheral equipment. 14. Maintain User Manuals. J. Duties and Responsibilities of WILI Users 1 . Participate in the use and operations of WILI under the terms and conditions of this contract and the rules and regulations which may be adopted by WCCLS and WILI Users Group. 2. Regularly review WILI operations and advise WCCLS in writing when modifications or improvements appear necessary. 3. WILI, as installed, will provide sufficient capacity for the terminals and required communications equipment by WILI Users. However, the addition of terminals over and above the numbers specified in EXHIBIT B, Original Equipment Schedule must be authorized in writing by WCCLS at least ninety (90) days prior to the anticipated date of installation of said equipment. WILI Users shall provide written authorization for WCCLS to purchase peripheral equipment on their behalf as specified in EXHIBIT C, r Secondary Equipment Schedule. Such authorization shall be made by June 1 of any given year for equipment to be 9 installed during the following fiscal year. Purchase and installation of said additional equipment, specified in EXHIBIT C, Secondary Equipment Schedule shall be paid for and owned by WILI Users. 4. Input and delete all data into WILI according to the rules and regulations of the WILI Users Group. 5. Regularly participate in the meetings and deliberations of the WILI Users Group. 6. Keep records and statistics which may be required by WCCLS to document the maintenance and performance . 7. Lend library materials subject to ILL procedures and policies developed by the WCCLS Network. S. Take reasonable measures necessary for protecting equipment in Users Library from abuse, theft or ,misuse. 9. Maintain patron records according to standards established by the WILI User Group. 10. Pay extraordinary costs incurred by WCCLS for non-standard reports as defined by the WILI User Group. 11. Provide AC wiring access and space (to be specified by WCCLS) , for WILI communications equipment. 12. Provide site preparation for all on site equipment, Including furniture, data cabling from WILI communications equipment to terminals and AC wiring. 13. Receive training from WCCLS for one staff person in each library for the functions of catalog maintenance, patron registration, Patron Access Catalog, and Circulation. 10 Responsibility for training of subsequent staff relongs to the WILI User. 14. Each WILI User will designate a staff member whom WCCLS may contact concerning installation, conversion and training A matters. K. Corrective and Remedial Measures Whenever any party believes that another party has committed a remediable breach of any material obligation set forth in this Agreement, it may give written notice of the alleged breach to the other party, setting forth with reasonable specificity the nature of the alleged breach. The party receiving such notice shall use its best efforts to promptly remedy the breach and 1. shall inform the party giving written notice of the nature of the remedial actions planned and taken, or 2. shall 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 party received written notice of it, the party giving the notice shall be entitled to seek appropriate relief under this Agreement or otherwise under the law, which includes, without limitation, termination of the terms of the Agreement 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. 11 L. Liability WCCLS shall not be held responsible for any incidental or consequential damages of whatever nature resulting from the WILI User's use or operation of said remote site equipment or force majure, including but not limited to, acts of God, war, labor problems including strikes and work slowdowns or stoppage, civil strife, fire, water damage, smoke damage, power fluctuations, or air pollution. WILI User agrees to defend, hold harmless and indemnify WCCLS and every other WILI 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 acts of WILI User agents, employees, or representatives as participants in WILI. WILI Users shall not be held responsible for any incidental damages of whatever nature resulting from action of WCCLS. M. Confidentiality of Data The patron and circulation records involved in WILI shall be deemed to be exempt from public disclosure pursuant to ORS 192.500 (2) (b) and ORS 192.500 (2) (c) . The parties recognize that information contained in these records is submitted to WCCLS and the WILI 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 recognize that in 12 receiving such information they have obliged themselves not to disclose any such information. Designated employees shall have access to such records in the course of operating the system. However, employees of both parties shall be instructed that all such 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 either in writing or orally, WCCLS Coordinator and/or legal counsel for WCCLS shall be contacted IMMEDIATELY. N. Maintenance 1 . HARDWARE WCCLS will contract for hardware maintenance service on behalf of the WILI User for all remote site equipment Including terminals, modems, printers and necessary telecommunications and other equipment as well as central site equipment. WCCLS will maintain a monthly maintenance contract on all central site hardware. 2. SOFTWARE WCCLS shall maintain a software maintenance contract at all times. 3. COMMUNICATIONS NETWORKS The WILI Users recognize that WCCLS does not control, 1. therefore cannot warrant, the communication networks used to 13 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 WILI database and store such duplicate tapes of 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 disk malfunction occurs, so that the day's circulation transactions can 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 WILI User agrees to hold WCCLS and its employees and agents harmless for loss which is not the result of their willful, negligent, intentional, or malicious effort. O. Insurance Each WILI User shall maintain property damage insurance or to self-insure against loss 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. P. Non-Appropriation Clause WILI Users may opt out of this Agreement by July 1, 1988 on the Cbasis of non-appropriation of revenues without incurring any 14 under Section C, Responsibility for Cost Allocation. liability all remaining 30 days of receipt of notice from County, Within ( time and place WILI Users agree to meet at such reasonable ice in order to amend this agreement due to established in the not , any WILI User opting under this section. Q, Cost Allocation Formula WILI not appropriated, for the operation of WILI is If funding System costs, not to User shall share proportionally in annual specified in EXHIBIT A, Cost Allocation Formulas, s exceed those P ersonnel , insurance, contracts, system P based on maintenance costs. Screen utilities, postage, notices, and communications printer paper and ribbons will be responsibility of WILI Users. WILI User, as specified in EXHIBIT A Cost The cost to each the composite will be Formula determined by Allocation Users number of percentage, among all WILL Users, of that WILI annual circulation, number of patrons, number of items, ports, .acquisition number of titles, and number of annual acqu Libraries which become full P which are participants in WILI and Services Agreement, shall Pay not signatories to the Library their share of WILL o erating costs as determined by the cost P allocation formula used in EXHIBIT A Cost Allocation Formula. Second Year R. EQuipment Additions in by Jun , 1988, Provide WCCLS a list of e 1 WILI Users will , terminals, laser additional peripheral equipment (i.e• , printers, 15 readers, lightpens) they anticipate purchasing between July 1, 1988 and June 30, 1989. WCCLS staff will coordinate purchase of said equipment and bill WILI Users for purchase and shipping. WCCLS staff will install said peripheral equipment at no cost to WILI User but installation of data cabling between WILI multiplexers and terminals shall be the responsibility of WILI User. WCCLS staff will also determine what additional central site and communications equipment will be needed to connect the new peripheral equipment to WILI . The total cost of purchase and Installation of this central site and communications equipment will be divided by the number of additional communications ports required at the central site to determine a cost-per-port figure for peripheral equipment hook-ups in Fiscal Year 1989-90. This shared cost shall be charged to WILI Users during the Fiscal 3, Year according to the number of communications ports their additional equipment requires and shall be billed to WILI Users when said equipment is ordered. =a 16 EXHIBIT A - Cost Allocation Formula EXHIBIT B - Initial Equipment Schedule EXHIBIT C - Secondary Equipment Schedule E Cont actor Washington County Title Title Date: Z)LJl4 /�1 J�l�� Date: Recording Secretary Date• C_ y Y EXHIBIT A Cost Allocation Formula WILI Cost Allocation Formula, 6/5/87 For Fiscal Year 1987-88 No System Upgrade Fund, Number of terminals includes planned upgrade. Shared Operating Cost, including notice postage, allocated: $294,811 .asaaaaaaaaaaaaaaamaaa composite TOTAL ANNUAL number of percent percentage COST SHARE ports of total asaa:masa. ........ ls.........aa.aalaaaaa Aloha BBM/Outreach 5 $15,140 2 2 Banks 1 $4,168 2 2 Beaverton 27 $79,293 28 26 Cedar. Mill 9 $26,277 11 30 Cornelius 3 $7.819 3 3 Forest Grove 10 $29.519 11 10 Hillsboro 15 $44,584 18 17 Sherwood 2 $6,376 2 2 Tigard 10 $29,871 13 12 Town Center 7 $19,741 7 6 Tualatin 8 $22,453 9 8 West Slope 3 $9,570 3 3 Total 100 $294,811 109 100 NOTES: Terminals: includes planned enhancement in FY 1987-88 Patrons, Items and Titles: count of WILI database 3/19-27/87 Acquisitions: Based on OSL Annual Report for FY 1985-86 (Banks, est.) ..la.i..aaa.a.aa.aa..a .........i.....fi.laa. ...1..1......1..1.1... circulation percent number of percent number of percent 1986 of total patrons of total items of total ....aaa..a...........a a..=.................. 1..........a...a.:s.1. 93,298 6 958 2 12,404 3 13,270 1 544 1 6,966 2 497,854 32 10,409 25 122,293 29 147,926 10 4.265 30 37,397 9 23,738 2 985 2 11,747 3 147.892 10 4,469 11 43,520 10 206,463 13 7,874 19 68,174 16 20,403 1 994 2 10,489 3 126,968 8 4,468 11 39,787 10 108,195 7 2,460 6 26,566 6 108,015 7 3,563 8 23,453 6 58,403 4 1,223 3 15,243 4 1,552,425 100 42,212 100 418,039 100 .a.................... ...................... .a..a.la..a.a.asasa:.. ass...............l..a 7"a..s....aaaa:...aa number of percent number of percent E titles of total acquisitns of total 1 .aa..5 674 1..a.....2: 10,191...al.s.. 6 6,883 2 500 1 85,646 26 15.402 24 31,130 9 3,520 6 10,413 3 2.156 3 40,260 12 4.750 7 55,040 16 6,083 10 k 10,038 3 1.255 2 f} 34,199 20 6,621 10 22,476 7 5,035 8 E 19,397 6 6,787 11 : 13,759 4 1,475 2 Q. 335,115 100 63,775 100 ............:.ls:as... a.a..saa....i....aas:. t XHIBIT B Initial Equipment Schedule Wyse 50 Dynix PAC Screen Telxon terminals terminals lightpens printers units Banks 1 1 1 Beaverton 13 15 10 3 2 Cedar Mill 5 4 3 2 1 Cornelius 1 1 1 1 Forest Grove 5 4 5 2 1 Hillsboro 7 6 05 3 2 Sherwood 2 1 1 Tigard 5 4. 4 1 1 Town Center 2 3 2 1 Tualatin 5 3 .4 2 1 West Slope 2 1 1 48 40 37 18 8 6/16/87 EXHIBIT C Secondary Equipment Schedule Wyse 50 Dynix PAC Wyse 30 Screen Telxon terminals terminals terminals lightpens printers units Banks 1 Beaverton 4 Cedar Mill 2 2 2 Cornelius 1 1 Forest Grove 1 1 Hillsboro 2 2 3 Sherwood Tigard 2 1 1 4 Town Center 2 2 1 Tualatin 1 3 West Slope 1 1 Totals 2 7 9 9 10 4 6/16/87 r: s 3 y i k iJQ CITY OF TIGARD, OREGON RESOLUTION NO. A RESOLUTION SUPPORTING THE NEED TO UPDATE THE REGIONAL SOLID WASTE MANAGEMENT PLAN AS PROPOSED BY THE METROPOLITAN SERVICE DISTRICT. WHEREAS, ORS 268.390 authorizes the Metropolitan Service District to prepare and adopt functional plans for areas and activities which have impact on air quality, water quality, transportation, and other aspects of metropolitan area development identified by the Council of the Metropolitan Service District; and WHEREAS, Metro Resolution No. 87-740 provides findings supporting the designation of solid waste as an area and activity for development of a functional plan and provides justification that solid waste has a significant impact upon the orderly and responsible development of the metropolitan area; and WHEREAS, Metro desires to develop the solid waste functional plan through a cooperative regional approach, NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The City of Tigard supports the need to update the regional Solid Waste Management Plan as a functional plan through a cooperative regional approach. Further, the City of Tigard will participate in selecting representatives for the the development of the Plan. PASSED: This day of -� 1987. Mayor - City of Tigard ATTEST: City Recorder - City of TigAH -J>F`'`wd RESOLUTION NO. 87-/r-,Z Page 1 CITfOF TIGAIt® OREGON 25 Years of SeMce 9969-9986 July 16, 1987 Ms. Rena Cusma Executive Officer METRO 2000 S.W. First Avenue Portland, OR 97201-5398 Dear Ms. Cusma: Enclosed please find a copy of Tigard Resolution No. 87-102 approved by the City Council on July 13, 1987. This resolution supports the need to update the Regional Solid Waste Management Plan as proposed by the Metropolitan Service District as requested in your letter of June 15, 1987. If you need further information or assistance, please do not hesitate to contact us. Sincerely, to Catherine Wheatley Deputy Recorder ow cc: Bob Jean, City Administrator 13125 SW Hall Bhrd.,P.O.Box 23397,TQ0rd,Oregon 97223 (503)639-47' MEM® 2000 S.W.First Avenue J Portland,OR 97201-5398 O 503/221-1646 June 15, 1987 The Honorable Tom Brian Mayor of Tigard P. O. Box 23397 Tigard, OR 97223 Dear Mayor Brian: On June 5, 1987, local governments, affected agencies, and the Metropolitan Service District met to discuss tTopicshe dofo Metro Council update the regional Solid Waste Management Plan. Richard Waker discussion included a project overview, need for updating the pr�'�i"g°�"" ro osed decision-making process for developing the District2 Plan, the p P solid waste system. lim Gardner plan, and an overview of the existing enclosed for your Dmuty presiding ce► Reference materials from the meeting eJ t%3 review. Mike Ragsdale District ro osed to complete our task is similar to the Corky Kirkpatrick The structure p P Tanning. Formation Di't""4 model used for regional transportation planning composed Districts TOM Delardin osed: a policy of two committees is prop Geor5e Van Bergen of elected and appointed ubliccworksoffiials are resentatives, land nd a technical task ouse District 6 composed of engineers, p P policy Sharron Kelley P ed, the p Y District7 planners, haulers and citizens. Aspropos Mike Bonner committee would make recommendations on reg ionllcallste Districts issues to the Metro Council. The draft work program Ta Collier s to be formed by mid-July. District9 for these group harry cooper D;srnctlo I am asking all jurisdictions within the tri -coaate the o DaviaKno�+les orting the process to up OfstrdVl adopt a resolution Supp provide repre- Gary Ilansen regional Solid Waste Management Plan and to pisfrxfl2 sentatives to participate in development of the Plan. A ExecutiveOEHcerdoour consideration. MY RemCusm, staffewill resolution becontactingaYoutoOffer their assistance. proect and meeting with you I look forward to launching this P inning an exciting or your representatives. lWe sare solidgwaste issues. If you part- nership to solve the reg' our staff contact have any questions please call me or have y Becky Crockett or Randi Wexler at 221-1646. Sincerely, ZC Rena Cusma Executive Officer sm 7695C/D2 Enclosures i s CirfOF TI1FARD OREGON 25 Years of Service 9961-9986 July 21, 1987 METRO Attn: Becky Crockett 2000 SW First Avenue Portland, Oregon 97201-5398 Dear Ms. Crockett: Enclosed is a copy of Resolution No. 87-102 which the Tigard City Council passed at their regular meeting of July 13, 1987. This resolution supports the need to update the Regional Solid Waste Management Plan as proposed by METRO. Since W Loreeu R. Wilson City Recorder 1rw/4759A Ehc. 13125 SW Hall BMd..P.O.Box 23397,Tigard Oregon 97223 (503)639-4171 J /V CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 13, 1987 DATE SUBMITTED: June 29, 1987 ISSUE/AGENDA TITLE: Review of PREVIOUS ACTION: Contract dated Coopers and Lybrand- Audit Contract May 13 1974 PREPARED BY: Wayne Lowry DEPT HEAD OK. CITY ADMIN 0 REQUESTED BY: POLICY ISSUE ORS 297.425 requires that the accounts and fiscal affairs of municipal corporations be audited at least once each year. INFORMATION SUMMARY The City has had discussions with the accounting firm of Coopers and Lybrand regarding the continuation of a prior agreement for the annual audit for the Fiscal Year 1986-87. Their proposal includes the scope of work as set forth by Coopers and Lybrand partner, John L. Dethman, in the attached letter to the Mayor dated June 19, 1987. Also attached is a letter from John L. Dethman outlining several additional issues to be addressed in the audit and the estimated audit fee at $17,000. The estimated audit fee is the same as that for last year's engagement. The City has an agreement with Coopers and Lybrand dated May 13, 1974 for the performance of the audit. The agreement allows for an extension each year by the signing of an addendum by both parties. ALTERNATIVES CONSIDERED 1. Authorize the Mayor to sign the addendum to continue the City' s agreement with Coopers and Lybrand for the 1986-87 audit. 2. Do not authorize the addendum. FISCAL IMPACT The audit will cost an estimated $17,000, which has not increased over the last year's audit cost. The Budget, as adopted by Council on June 22, 1987, includes $17,000 for the audit. SUGGESTED ACTION Staff recommends the contract with Coopers and Lybrand be amended to include by addendum the audit of the 1986-87 fiscal affairs of the City. Staff feels Coopers and Lybrand has provided excellent services in the past and that continuation of this arrangement would greatly benefit the City. WL:cw/4725A 9987 ADDEMM This is an addendum to our contract made between COOPERS & LYBRAND, as certified public accountants, and the CITY OF TIGARD. In accordance with Paragraph 7 of the May 13, 1974 agreement, the terms and provisions of the agreement may be extended for additional fiscal years after June 30, 1974 as mutually agreeable to the parties and by the execution of an addendum. ADDENDUM It is hereby agreed that the accountants shall conduct an audit of the accounts and fiscal affairs of the CITY OF TIGARD for the fiscal period beginning July 1, 1986 and ending June 30, 1987 in accordance with the prescribed Minimum Standards of Audit Reports, Certificates and Procedures and Oregon Revised Statutes 297.405 through 297.555. The completed report or audit, in accordance with the Minimum Standards of Audit Reports, Certificates, and Procedures shall be available in 25 or more copies to the City not later than September 30. The estimated fees for services rendered hereunder will be $17,000 providing the City personnel have satisfactorily completed requested schedules. Requested schedules shall be completed to auditor's satisfaction not later than August 24, 1987. Auditor has provided formats of required schedules and shall review by June 30 if schedules are being prepared satisfactorily. IN WITNESS WHEREOF, the CITY through its Mayor and Recorder, acting pursuant to resolution of the City Council, and the accountants acting through their duly authorized undersigned agent, have caused this agreement to be .executed. COOPERS & LYBRAND CITY OF TIGARD By By ✓!/L Mayor TitlePartner By 131&9 7/. Deputy Recorder WL:kr/1935W Cooers certified public accountants 2700 First Interstate Tower in principal areas of the world pPortland,Oregon 97201 &Lybrand telephone(503)227-8600 June 19, 1987 The Honorable Tom Brian Mayor of the City of Tigard, Oregon P. O. Box 23357 Tigard, OR 97223 Dear Mayor Brian: It is our policy to reconfirm periodically the nature and scope of our engagement to examine the financial statements of the City. Our examination of your combined financial statements will be made in accordance with generally accepted auditing standards, the Minimum Standards for Audit of Oregon Municipal Corporations, and will include such tests of the accounting records and such other auditing procedures as we consider necessary in the circumstances. The objective of such an examination is the expression of our opinion on whether the statements present fairly the financial position, results of operations, and changes in financial position in conformity with generally accepted accounting principles applied on a consistent basis. As a part of our examination, we will make a study and evaluation of the City's system of internal accounting control to the extent we consider necessary to evaluate the system as required by generally accepted auditing standards. Under these standards, the purpose of such evaluation is to establish a basis for reliance on the system of internal accounting control in determining the nature, timing, and extent of other auditing procedures that are necessary for expressing an opinion on the financial statements and to assist the auditor in planning and performing the examination of the financial statements. The objective of internal accounting control is to provide reasonable but not absolute assurance as to the safeguarding of assets against loss from unauthorized use or disposition, and the reliability of financial records for preparing financial statements and maintaining accountability for assets. The concept of reasonable assurance recognizes that the cost of a system of internal accounting control should not exceed the benefits derived and also recognizes the evaluation of these factors necessarily requires estimates and judgments by management. C Mayor Tom Brian June 19, 1987 City of Tigard, Oregon Page Two There are inherent limitations that should be recognized in considering the potential effectiveness of any system of internal accounting control. In the performance of most control procedures, errors can result from misunderstanding of instructions, mistakes of judgement, carelessness, or other personal factors. Control procedures whose effectiveness depends upon a segregation of duties can be circumvented by collusion. Similarly, control procedures can be circumvented intentionally by management either with respect to the execution and recording of transactions or with respect to the estimates and judgments required in the preparation of financial statements. Further, projection of any evaluation of internal accounting control to future periods is subject to the risk that the procedures may become inadequate because of changes in conditions and that the degree of compliance with the procedures may deteriorate. Such examinations include procedures designed to detect errors and irregularities that would have a material effect on the financial statements. However, as you are aware, there are inherent limitations in the auditing process; for example, such examinations are based on the concept of selective testing of the data being examined and are therefore subject to the inherent limitation that such matters, if they exist, may not be detected. Likewise, in making our examination we will be aware of the possibility that illegal acts may have occurred. However, it should be recognized that such an examination cannot be expected to provide assurance that illegal acts will be detected. n The establishment and maintenance of a system of internal accounting control is an important responsibility of management. Appropriate supervisory review procedures are necessary to provide reasonable assurance that adopted policies and prescribed procedures are adhered to and to identify errors and irregularities or illegal acts. As part of our aforementioned review of the City's system of internal control, we will inform you that we believe should be corrected and our recommendations in this respect. If you have any questions, please do not hesitate to contact us. Very truly yours, J 04v..• Y John L. Dethman JLD/rj Coopers certified public accountants 2700 First Interstate Tower in principal areas of the world Portland,Oregon 97201 Ryrand telephone(503)227-8600 June 22, 1987 Mr. Robert Jean, City Manager City of Tigard, Oregon P. O. Box 23597 Tigard, OR 97223 Dear Bob, I thought lunch on Wednesday with you, Jill Monley, and Wayne Lowery was both informative and productive. As we discussed, I have recapped the significant issues and will follow up on them during 1987 audit. The Governmental Accounting Standards Board has issued GASB 6 entitled Accounting for Financial Reporting for Special Assessments. Although not effective for FY 1987, the City may want to consider early implementation. It appears the City's police employees defined benefit pension plan may be overfunded. The City needs to determine whether such plan is overfunded, and whether it can access the excess funds for its use. The City should consider establishing formal policies and procedures regarding investment of excess cash. The special assessment fund should be analyzed to determine if there will be adequate resources to meet bond debt service obligations. Our estimated fees for performing the City' s audit for the year ended June 30, 1987 will be $17,000. Should you have any questions or additional comments please feel free to contact me. Very ly yo /rJ John L. Dethman 1 MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor & City Council July 2, 1987 FROM: Bob Jean, City Administrator SUBJECT: Management/Professional/Confidential Employees FY 1987-88 Pay Plan Attached are the proposed revisions to the current Pay Plan based on market surveys. Upon approval, a 3 percent Cost-of-Living Adjustment (COLA) would be applied against current salaries within the new range. This adjustment applies only to Management/Professional/Confidential employees. The Police Union contract already approved by Council established their new ranges and a 3 percent COLA. The General Employees (OPEU/TMEA) have not yet reached a contract agreement with the City. BJ:sb/1960W MANAGEMENT/PROFESSIONAL/CONFIDENTIAL STAFF FY 1987-88 PAY AND CLASSIFICATION PLAN CORRECTED 7/8/87 0 1;215-1,615 Deputy City Recorder (14,580-19,380) 0 1,305-1,750 Personnel Specialist (15,660-21,000) 0 1,365-1,820 Executive Secretary (16,380-21,840) 0 1,460-1,950 Librarian I (17,520-23,400) 0 1,570-2,025 Programmer/Data Specialist (18,840-24,300) 0 1,680-2,100 Office/WP Manager; Assistant Planner I; Librarian II; (20,160-25,200) Records/Court Manager; Crime Prevention Specialist 0 1,875-2,345 Associate Planner II; Assistant Librarian (22,500-28,140) 0 1,950-2,440 Crew Chief; Surveyor (23,400-29,280) 0 1,990-2,550 Administrative Assistant (23,880-30,600) 0 2,110-2,700 Accounting Manager; Assistant to City Administrator; (25,320-32,400) Data Processing/Systems Manager 0 2,260-2,900 Building Official; Project Engineer; City (27,120-34,800) Recorder; Support Services Manager; Senior Planner; Personnel Manager 0 2,420-3,100 Public Works Operations Manager; Lieutenant; (29,040-37,200) Development Services Manager 0 2,575-3,300 Finance Director; Library Director (30,900-39,600) 0 2,690-3,450 City Engineer/Deputy Director CD (32,280-41,400 0 2,850-3,650, Community Services Director (34,200-43,800) Police Chief 0 3,000-3,850 Community Development Director (36,000-46,200) sb/1960W C • CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 13 1987 DATE SUBMITTED: July 6, 1987 (� ISSUE/AGENDA TITLE: Ratify Phone PREVIOUS ACTION: Council Appropriation Poll Of LCRB Re: 1-Ton Truck Bid Award PREPARED BY: Curtis Spaan DEPT HEAD OK M�^CITY ADMIN OKVg REQUESTED BY: Curtis Spaan POLICY ISSUE Ordinance No. 85-06 Local Contract Review Board Administrative Rules Section 30 - Public Bidding Procedures. INFORMATION SUMMARY On June 16, 1987, the City received two bids for a one-ton cab-chassis with two yard contractor dump bed to be used primarily by the Park Section. On June 22, 1987, the Local Contract Review Board (LCRB) approved the bid award to the apparent low bidder, Russ Chevrolet. On June 24th, Russ Chevrolet submitted written notice to the City that they were unable to deliver a vehicle. Since SDC funds were proposed to be used for purchase of this vehicle, and there was pending State legislation which would not allow for this type of use of SDC funds after July 1, 1987, Curtis Spaan conducted a phone poll of the LCRB for further direction on 6/25/87. The LCRB members reached were Eadon, Edwards, and Johnson. They authorized the purchase of the vehicle from Bruce Chevrolet at the reduced price of $15,735 with the SDC funds. (Bruce Chev. originally was the second low bidder at $15,935.) ALTERNATIVES CONSIDERED 1. Ratify June 25th LCRB phone poll which authorized the City Administrator to sign necessary purchase documents with Bruce Chevrolet. 2. Direct staff to return truck (if possible) and reject all bids and rebid. FISCAL IMPACT A transfer of SDC funds was approved on June 8, 1987 via Resolution No. 87-77 for this purchase. C SUGGESTED ACTION Alternative #1. lw/3369P I MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council July 6, 1987 FROM: William A. Monahan, Director, Community Development SUBJECT: Ratify Bid Award At the June 22, 1987 Council meeting, the Council chose Russ Chevrolet as the low bidder for a 1—ton cab chassis vehicle for the Parks Crew. Russ was unable to deliver the truck as they were unable to locate a unit. The dealer placed an order for a unit to be built at the plant, however, since 1988 production will be starting, it is not known if any additional 1987 vehicles will be built. Mr. Ernie Knoellinger, salesman for Russ Chevrolet, met with me and submitted a handwritten note to Cliff Scott that effectively withdrew his bid. Curtis Spaan then polled the Council and received three approvals for selecting Bruce Chevrolet as low bidder. The price for the vehicle offered by Bruce was also reduced by $200 to $15,735. The original price quoted by Russ Chevrolet was $15,003.74. Action Required: The Local Contract Review Board should ratify the phone poll taken on June 25th which authorized the City Administrator to approve the documents required to purchase the veicle from Bruce Chevrolet. /3369P f ai Y� MEMORANDUM (/ CITY OF TIGARD, OREGON 1 Com' TO: Bob Jean 6/26/87 Date ff2OM; Curtis Spaan SUBJECT: 1 Ton Purchase On 6/25, I received a letter from Russ Chevrolet (attached) , stating that -they would not be able to supply a truck, at their quoted price. He also stated to Bill Monahan, that his new price would be about 4% higher. The other vendor's prices have also been reduced by $200.00. As a result, I was instructed to poll the Council members, who were present last Monday. The results follows: Carolyn Eadin Yes Valorie Johnson Yes Gerry Edwards Yes Tom Brian Unavailable cc Bill Monahan RUSS CHEVROLET 11880 S.W. Pacific Highway Tigard, Oregon 97223 Phone 639-1166 (w 41 Lv2. cin �' -! r{ l., our-�-� -�. r+� 'y�✓ " iLC-c� CF -//-/�/J� (//J'�,�j- � �, A C� �Q1rL�/�/n,'..��r�� -•� / / v � �l�.Ir�'(� /'�ft�/L♦ "J/�L'C -Cly^f�oJJ / r7 ct�t , r CITY OF TIGARD, OREGON BID OPENING, JUNE 16, 1987, 1:00 P.M. ONE TON CAB CHASSIS WITH TWO YARD CONTRACTOR DUMP BED COMPANY: TOTAL BID Bruce Chevrolet $15,935.00 1084 S.W. Oak Street Hillsboro, OR. 97123 Russ Chevrolet $15,003.74 11880 S.W. Pacific Hwy Tigard, OR. 97223 The following truck dealers were contacted by phone, and indicated that they could not supply the basic needed truck we required, by the specified time, which is June 30, 1987. Ron Tonkin Chevrolet 122 N.E. 122nd ave. Portland, OR. 97220 Bauer Chevrolet 8150 N. Lombard St. Portland, OR. 97203 Dee Thomas Ford 19405 S.E. McLoughlin Blvd: Gladstone, OR. 97027 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 13, 1987 DATE SUBMITTED: July 2, 1987 ISSUE/AGENDA TITLE: PREVIOUS ACTION: Formation of Special Metzger CIP Study Task Force Task Force to Study Metzger CIP Needs Appointments es. Amending Terms PREPARED BY: Donna Corbet DEPT HEAD OK CITY ADMIN OK_444 REQUESTED BY: Mayor Brian POLICY ISSUE Board and Committee Appointments INFORMATION SUMMARY The Special Task Force to study the Metzger Area Capital Improvements Needs was formed by resolution in April, 1987. Recruitment for volunteers began in April with a direct mailing to all South Metzger residents, followed up by announcements in this issue of "All About Town." The Appointments Committee has interviewed those citizens who expressed an interest and is recommending appointments as attached. In addition, the original term of the task force was to expire on June 30, 1987. The attached resolution amends their term to expire on June 30, 1988. This extension will allow the committee plenty of time to examine and prioritize capital—improvement needs. ALTERNATIVES CONSIDERED FISCAL IMPACT SUGGESTED ACTION Approve the attached resolution amending the terms and appointing nine members. dc:1491p 4 CITY T16AR® CITIZEN COMMITTEE INTEREST APPLICATION OREGON 25 Years of SeMce 1961-1986 DATE: NAME: Di�V I D f} SEL F3OLD 6//lrh9 g, RES. PHONE: 5399 ADDRESS (RES-): l Z BUS. PHONE: oZ*b ADDRESS (BUS.): T :::t2 Sw OINK �0� SUGGESTED BY: LENGTH OF RESIDENCE IN TIGARD: YR WHERE DID YOU LIVE PREVIOUSLY? S I�1rA-1�E EDUCATIONAL BACKGROUND: �✓S. OCCUPATIONAL STATUS AND BACKGROUND: S ENcoR y1�SS1Elr1 S G9L.EST HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? 13 YE/4RS -- IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: f}GTIU� Z.v 3o Gtr - ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS): BOARDS, COMMITTEES OR NPO INTERESTED IN: ImPR�y�E►'1?F' '`u � r� it � Date received at City Hall UI�S � Date Interviewed Date Appointed ��(a �. Board, Committee, or NPO �� • &, I P — C Inside Citv .�T Outside City (1172W) (503)639-4171 13125 SW Hall Blvd.P.O.Box 23397,Tigard,Oregon 97223 JUN 0 987 C' OF TIFF CITIZEN COMMITTEE INTEREST APPLICATION OREGON 25 Years of Service . 1961-1986 NAM: J DATE: J'o -�J ADDRESS 7v.): ggs-O SW L a be RES. PHONE: �Y�-s86 Z ADDRESS (mss s)= !t�$7� � S7 _ BUS. PHONE: LENGTH OF RESIDENCE IN TIGARD: SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? EDUCATIONAL BACKGROUND: �.t n� � -4A lo ('t OCCUPATIONAL STATUS AND BACKGROUND: HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS NLY)? N� PREVIOUS COMMUNITY ACTIVITY: ORGANIZATIONS AND OFFICES: OTHER INFORMATION (G REMARKS): C��`'N' u ` � 0 BOARDS, COMMITTEES OR NPO INTERESTED IN: /U P� $ — Truk 5 P�vfdt M [c•., .- Date received at City Hall I�Q7 Date Interviewed („j u Date Appointed jT�- Board, Committee, or NPO At IR ► :-1 Inside City Outside City (1172W) 13125 SW Hall Blvd.P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171- C'ly TIOA CITIZEN COMMITTEE INTEREST APPLICATION OREGON 25 Years of Service 1961-1986 NAME: _ RA Y L O �T e e I? DATE: `f - 23- ADDRESS Z3-ADDRESS (RES.): _ JI l 6• '&' Old Ave• RES. PHONE: ADDRESS (BUS.): BUS. PHONE: LENGTH OF RESIDENCE IN TIGARD: q-rs. SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? O EDUCATIONAL BACKGROUND: OCCUPATIONAL STATUS AND BACKGROUND: A[ T/l'ed - Sibo �,✓�'��oAisf HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: oifeAls eA `Yf ORGANIZATIONS AND OFFICES: Fr, 'Q.nds e �1C t�- -�+r'��—L'-04 �!'--�-- OTHER INFORMATION (GENERAL REMARKS): BOARDS, COMMITTEES OR NPO INTERESTED IN: Ark Board- C Z P 7A !rX ford _ --------------------------- Date received at City Hall y y�87 Date Interviewed 1'.j/8 Board, Committee, or NPO �a r .L Date Appointed G l a� ,,v Inside City _ Outside City (1172W) (503)639-4171 13125 SW Hall Blvd.,P.O.Box 23397,Tigard Oregon 97223 3 ClW®F TI�®4 R® CITIZEN COMMITTEE INTEREST APPLICATION OREGON 25 Years of Service 1961-1986 NAME: v(/r fQ*y,._ QNt DATE: 1-17-91 ADDRESS (RES. 11058w & r- RES. PHONE: 19.39--lWa ADDRESS (BUS.): BUS. PHONE: LENGTH OF RESIDENCE IN TIGARD: '7 • --SUGGESTED /BY: WHERE DID YOU LIVE PREVIOUSLY? SLq EDUCATIONAL BACKGROUND: S Fcmlc"Itc-�-�x/"IB''� - Ci i, l�Kl✓P/�.�Xy OCCCUPATIONA/L STATUS AND BACKGROUND: jti�.-i.t T� i � 4 1" ke_►]2Ci�cri'�►� _ HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? 7 y � IS THIS COMPANY. LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)?1A__ /)b � PREVIOUS COMMUNITY ACTIVITY: & CJ plec� 14S50�1 'KGr 8� /ee4�ei'f�' cd r .o,, I`az- tcf8l f ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMAPKS) : a es ' 5 i BOARDS, COMMITTEES OR NPO INTERESTED IN: Al60 4., 4_ I/' 7AASk Date received at City Hallg L,:�c 1 Z Date Interviewed L I/Er,8 7 Date Appointed (04d ¢ Board, Committee, or NPO , G/ Inside City k Outside City (1172W) i 13125 SW Hall Blvd,P.O.Box 23397,Tigard Oregon 97223 (503)639-4171 Cirf OF MAW CITIZEN COMMITTEE INTEREST APPLICATION OREGON 25 Years of Sen4ce 1961-1986 NAME: �'� .J �� -n�Lt �� C/,i DATE: J ADDRESS (PIES.): `f i% z f/ j r�� RES. PHONE: ADDRESS (BUS.): BUS. PHONE: LENGTH OF RESIDENCE IN TIGARD: SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? 7 �4 EDUCATIONAL BACKGROUND: /r7l c j c l� -►c r OCCUPATIONAL STATUS AND BACKGROUND: R C. 14 A /9 t �- f rTT/ .2 vf / i"x/4C:i HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: Pl-e rte"5- %'• t`:%'/, nfir_ ORGANIZATIONS AND OFFICES: A' OTHER INFORMATION (GENERAL REMARKS): BOARDS, COMMITTEES OR NPO INTERESTED IN: Date received at City Hall Date Interviewed Board, Committee, or NPO m•� L+ CHIP Date Appointed �,�aa Inside City _ Outside City (1172W) 131125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 CITY TWA CITIZEN COMMITTEE INTEREST APPLICATION OREGON 25 Years of Service 1961-1986 NAME: MICHAEL DALTON DATE: June 3. 1987 ADDRESS (RES.): 9225 SW Oak, Tigard 97223 RES. PHONE: 244 - 2732 ADDRESS (BUS.): 645 NE Lincoln, Hillsboro 97124 BUS. PHONE: 640 - 4631 LENGTH OF RESIDENCE IN TIGARD: Metzger - 1978 SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? —Eugene EDUCATIONAL BACKGROUND: PhD - Education OCCUPATIONAL STATUS AND BACKGROUND: Central Office Administrator - Hillsboro School District HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? Since 1978 IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: ORGANIZATIONS AND OFFICES: American Educational Research Association, Associati n for Supervision 6 Curriculum Development , Confederation of Oregon School Administrators OTHER INFORMATION (GENERAL REMARKS): BOARDS, COMMITTEES OR NPO INTERESTED IN: Metzger CIP Task Force & Metzger NPO Date received at City Hall Ely Date Interviewed ('//81 p7 Date Appointed 'a Board, Committee, or NPO lnr_-z' G !lam Inside City x Outside City J (1172W) 13125 SW Hail Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 C11YO T16AR® CITIZEN COMMITTEE INTEREST APPLICATION OREGON 25 Years of Service 1961-1986 DATE: NAME: Y' ' ADDRESS (RES•): 1 RES. PHONE: Z D– 3 1�. BUS. PHONE: ADDRESS (BUS.): ` SLC-TESTED BY: LENGTH OF RESIDENCE IN TIGARD: _ltloatt • �`• ''4• 1'. •i s: - WHERE DID YOU LIVE PREVIOUSLY? EDUCATIONAL BACKGROUND: OCCU ATIONAL STATUS AND BACKGROUND: ( " ��•' 1 � •� 1'x •1 . .�,11, •,i i1'�1 !' �� + �s r �1 HOW LONG H YOU BEEN EMPLOYED WITH THIS FIRM? IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: • + , t� 1 ORGANIZATIONS AND OFFICES: OTHER INFORMATION (GENERAL REMARKS)• V\ 1 1'Y `�1:1--:�f��;�'1;�'�• j 1 ' (,::1 — In BOARDS, COMMITTEES OR NPO INTERESTED IN: �! - J � Date received at City Hall !a�/Q�P7 Date Interviewed Date Appointed I d �8 Board, Committee, or NPO Outside City Inside City (1172W) -4171 13125 SW Hall Blvd,P.O.Box 23397,Tigard Oregon 97223 (503)639 s CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 13, 1987 DATE SUBMITTED: July 2, 1987 ISSUE/AGENDA TITLE: Street Vacation PREVIOUS ACTION: None Request - S.W. 70th Avenue and S.W. Gonza a Street Portions PREPARED BY: Rand Cl 09 DEPT HEAD OK NJ' CITY ADMIN OK REQUESTED BY: Alfred Kindr k POLICY ISSUE Street vacation requested initiated by Alfred Kindrick, property owner, as required by Ordinance 85-01. INFORMATION SUMMARY Mr. Alfred Kindrick is requesting the vacation of a portion of S.W. 70th Avenue and S.W. Gonzaga Street. The purpose of the vacation is to return unimproved public street right-of-way to private ownership. ALTERNATIVES CONSIDERED 1. Approve attached resolution called for public hearing on August 31, 1987. 2. Take no action. FISCAL IMPACT 1. Fees to be paid by applicant. SUGGESTED ACTION Staff recommends alternative #1. RC:cw/4724A NOTICE SW 70TH AVENUE AND S.W. GONZAGA STREET VACATION OF STREET RIGHT-OF-WAY The Tigard City Council will hold a public hearing on Monday, August 31, 1987 at 7:30 p.m. at Tigard Civic Center Town Hall Room, 13125 S.W. Hall Boulevard, Tigard, Oregon to consider the proposed public street right-of-way vacation for a portion of SW 70th Avenue and S.W. Gongaza Street for the purpose of returning unimproved street right-of-way to private ownership. The request was initiated by the City Council on July 13, 1987 at the request of Mr. Fred Kindrick of Tigard, Oregon. Any interested person may appear and be heard for or against the proposed vacation of said lands. Any written objections or remonstrances shall be filed with the City Recorder by August 31, 1987 by 7:30 p.m. TT Publish July 23, 30, August 6, 13 and 20, 1987