City Council Packet - 11/14/1988
Revised 11/10/88
TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an
REGULAR MEETING AGENDA agenda item needs to sign on the appropriate
~.W q BUSINESS AGENDA CATV sign-up sheet(s). If no sheet is available,
H NOVEMBER 14, 1988, 5:30 P.M. ask to be recognized by the Chair at the start
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.
5:30 o STUDY SESSION
a. City Center Plan Task Force - Process Check (5:30 - 7 p.m.)
b. Agenda Review
7:30 1. BUSINESS MEETING:
1.1 Call To Order and Roll Call
1.2 Pledge of Allegiance
1.3 Call To Staff and Council For Non-Agenda Items
7:35 2. VISITOR'S AGENDA (2 Minutes or Less Per Issue, Please)
7:40 3. KEYS TO CITY (Boards & Committees)
7:50 4. 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:
4.1 Approve Council Minutes: September 26, October 3, 1988
4.2 Receive & File:
a. Council Meeting Calendar Update
b. Community Services Dept. Report. - September
C. Library Policy Report
d. Tri-Met Bus Shelters
4.3 Nominate Representative to Washington County Citizens Advisory
Board
4.4 Recess Council Meeting; Convene Local Contract Review Board
Meeting (LCRB);
a. Award Bid - Copying Machines
Adjourn LCRB; Reconvene Council Meeting
4.5 Approve Pro-Tem Judges' Contracts; Augur - Res. No. 88- and
Bourne - Res. No. 88-
4.6 Approve Summerlake Property Purchase (Authorizing City
Administrator) - Resolution No. 88-
4.7 Authorize Right-of-Way License-PacTrust - Resolution No. 88-
4.8 Award Contract - Employee Classification Review; Res. No. 88-
4.9 Flpprnve Traininc; Request - Accident Reconstruction Course for
Officer Rob Harburg
COUNCIL AGENDA - NOVEMBER 14, 1988 - PAGE 1
8:00-5. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 88-04 ZONE CHANGE
ZC 88-10 MIELNIK NPO # 5
Request for a Comprehensive Plan Amendment from Low Density Residential
to Medium Density Residential and Zone Change from R-4.5 to R-7 for a
13.16 acres. Location: 15390 & 15420 SW 79th Ave., 15685 & 15735 SW
76th Ave.; 2S1 12CA, lots 700, 3500, 3600, 2S1 12CD 200 and 300 (no
address)
o Public Hearing Continued from October 24, 1988
o Declarations Or Challenges
o Summation By Community Development Staff
o Public Testimony: Proponents, Opponents, Cross Examination
o Recommendation By Community Development Staff
o Council Questions. Or Comments
o Public Hearing Closed
o Consideration By Council: Direction to Staff (Motion) for Final
Order
8:45 6. ANTON PARK ASSOCIATION PETITION - REQUEST FOR CLOSURE OF NORTH DAKOTA
STREET IN ANTON PARK
o Community Development Staff _ Table to 12/19/88
8:50 7. THROUGH-TRUCK RESTRICTIONS - ORDINANCE NO. 88-
Commmunity Development Staff - Table to 12/19/88
8:55 8. APPEAL PUBLIC HEARING - CONDITIONAL USE CU 88-09, PLANNED DEVELOPMENT
PD 88-04 SHURGARD INCOME PROPERTIES TEN NPO # 6
An appeal of the Planning Commission's denial for Conditional Use
approval to allow storage and rental of trucks as 'ancillary to the
established use of the site for mini-storage warehouses. The property
is zoned C-G (PD) (Commercial General, Planned Development).
LOCATION: 15700 SW Pacific Highway (WCTM 2S1 1ODC, lot 300).
o Public Hearing Opened
o Declarations Or Challenges
o Summation By Community Development Staff
o Public Testimony: Proponents, Opponents, Cross Examination
o Recommendation By Community Development Staff
o Council Questions Or Comments
o Public Hearing Closed
o Consideration By Council: Direction to Staff (Motion) for Final
Order
9:30 9. COMPREHENSIVE PLAN AMENDMENT CPA 88-03 ZONE CHANGE ZC 88-09 TIGARD
SCHOOL DISTRICT 23J NPO # 6 - ORDINANCE NO. 88-
0 Community Development Staff
9:40 10. NON-AGENDA ITEMS: From Council and Staff
9:50 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive
Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to
discuss labor relations, real property transactions, and current and
pending litigation issues.
1 CO 12. ADJOURNMENT
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COUNCIL AGENDA - NOVEMBER 14, 1988 - PAGE 2
MEETING UPDATE
November 14, 1988
" o STUDY SESSION
a. City Center Plan Task Force - Process Check (5:30 7 p.m.)
Updates from City Center Task Force: Fanno Creek Master Plan;
Transportation Study; Design Study; Financial Element; Timeline.
Discussion: Expectations & Direction; Public Information Program.
Consensus: Involvement of downtown property owners essential element.
Timing discussed; i.e., how important to go to May election would
November be acceptable? Does tax increment financing present element
wherein May election would be beneficial? Question posed: How long
would financial information be valid (i.e., would it be useable if
delayed to November `89?) Council consensus: original schedule to be
adhered to if at all possible. Checkpoint with Council scheduled for
12/12 and Committee will have better sense of how timing issues were
coming together at that time.
b. Agenda Review
1. BUSINESS MEETING:
1.1 Call To Order and Roll Call All CC present
2. VISITOR'S AGENDA
Jeanne Rohlff - Anton Park Assn. requested Item No. 6 be delayed to
December 19, 1988 meeting
Ar- 3. KEYS To CITY: Geraldine L. Ball-Johnson, NPO # 4; William L. Brown,
NPO # 7; Betsy Brinkley, NPO # 8; Ray Baldwin, NPO # 8; Bonnie Owens,
Planning Commission; Erick Peterson, Transportation Advisory Committee;
John Cochran, Utility and Franchise Advisory Committee.
4. CONSENT AGENDA:
4.1 Approve Council Minutes: September 26, October 3, 1988
4.2 Receive & File:
a. Council Meeting Calendar Update
b. Community Services Dept. Report. - September
C. Library Policy Report
d. Tri--Met Bus Shelters
4.3 Nominate Representative to Washington County Citizens Advisory
Board
4.4 Recess Council Meeting; Convene Local Contract Review Board
Meeting (LCRB);
a. Award Bid - Copying Machines
Adjourn LCRB; Reconvene Council Meeting Tabled to 11/21/88
4.5 Approve Pro-Tem Judges` Contracts; Augur Res. No. 88--~ and
Bourne - Res. No. 88- Tabled to 11/21/88
4.6 Approve Summerlake Property Purchase (Authorizing City
Administrator) - Resolution No. 88-103
4.7 Authorize Right-of-Way License-PacTrust
4.8 Award Contract - Employee Classification Review; Res. No. 88-
Table to 11/21/88
4.9 Approve Training Request - Accident Reconstruction Course for
Officer Rob Harburg Delete
Ea/Jo UA with items tabled or deleted as noted above
COUNCIL AGENDA - NOVEMBER 14, 1988 - PAGE 1
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5. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 88._-04 ZONE CHANGE
ZC 88-•10 MIELNIK NPO # 5
Request for a Comprehensive Plan Amendment from Low Density Residential
to Medium Density Residential and Zone Change from R-4.5 to R-7 for a
13.16 acres. Location: 15390 & 15420 SW 79th Ave., 15685 & 15735 SW
76th Ave.; 2S1 12CA, lots 700, 3500, 3600, 2S1 12CD 200 and 300 (no
address)
o Public Hearing Continued from October 24, 1988
o Declarations Or Challenges Sc disqualified self - lives in area
and felt could not render impartial decision - did not particpate
in discussion or vote on this item
o Public Hearing Closed
e. Consideration By Council: Ed/Jo 4-0-1 ^(disqualified) Uphold
Planning Com. findings of denial; staff to prepare tentative
findings of denial for Council consideration. (12/5/88)
6. ANTON PARK ASSOCIATION PETITION - REQUEST" FOR CLOSURE OF NORTH DAKOTA
STREET IN ANTON PARK Delayed to 12/19/88
7. THROUGH-TRUCK RESTRICTIONS - ORDINANCE NO. 88- Delayed to 12/19/88
8. APPEAL PUBLIC HEARING - CONDITIONAL USE CU 88-09, PLANNED DEVELOPMENT
PD 88-04 SHURGARD INCOME PROPERTIES TEN NPO # 6
An appeal of the Planning Commission's denial for Conditional Use
approval to allow storage and rental of trucks as ancillary to the
established use of the site for mini-storage warehouses. The property
is zoned C-G (PD) (Commercial General, Planned Development).
LOCATION: 15700 SW Pacific Highway (WCTM 2S1 1ODC, lot 300).
o Public Hearing Opened
o Declarations Or Challenges - None
o Public Hearing Closed
o Consideration By Council: Ed/Ea UA - Referred back to Planning
Commission to review trucks as a 2nd conditional use for property
with conditions of: 1) limitation of 3 trucks; 2) striping of
parking lot as shown in site plan; 3) staff to review to determine
if 2, 3 or 4 addn'l parking spaces required; 4) conditional use
permit to be reviewed annually.
9. COMPREHENSIVE PLAN AMENDMENT" CPA 88-03 ZONE CHANGE ZC 88-09 TIGARD
SCHOOL DISTRICT 23J NPO # 6 - ORDINANCE NO. 88-33 Jo/Sc UA
o Community Development Staff
10. NON-AGENDA ITEMS: From Council and Staff None
11. EXECUTIVE SESSION: The Tigard City Council went into Executive Session
at 8:52 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.
12. ADJOURNMENT: 9:12 p.m.
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COUNCIL AGENDA - NOVEMBER 14, 1968 - PAGE 2
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T I G A R D C I T Y C 0 U N C I L
REGULAR MEETING MINUTES - NOVEMBER 14, 1988 - 6:30 P.M.
1. ROLL CALL: Present: Mayor Tom Brian (arrived 6:20 p.m.
Councilors: Carolyn Eadon, Jerry Edwards, Valerie Johnson, and John
Schwartz; Councilor-elect: Joe Kasten; City Staff: Randy Clarno, f.
Development Services Manager; Janice Deardorff, Personnel Director 1
(arrived 7:05 p.m.); David Lehr, Chief of Police (arrived 6:55 p.m.);
Keith Liden, Senior Planner; Liz Newton, Senior Planner; Tim Ramis,
City Attorney; Pat Reilly, City Administrator; Catherine Wheatley,
Deputy Recorder; and Randy Wooley, City Engineer.
2. STUDY SESSION
a. City Center Plan Task Force (CCPTF)- Process Check
Meeting was called to order at 5:36 p.m. by Council President
Edwards.
CCPTF members present: Stuart Cohen, Chair; Jolynn Ash, Mike
Marr, William Monahan, Richard Morley, Pam Juarez (arrived at i
5:45 p.m.), Joy Hinkle. Also present: CCPTF Ex-Officio Member,
Peggy Weston-Byrd,
Chair Cohen summarized the overall progress of the CCPTF. He r
noted individual members would review several aspects of the '
Committee's work:
1001
Fanno Creek Master Plan Update - Mike Marr. Mr. Marr reviewed'
elements of the Fanno Creek Master Plan. He noted that other
than a bike path from Hall Boulevard to Main Street, the majority
of the estimated $244,000 for Fanno Creek Park improvements would.
be concentrated in the Main Street end of the park. He reviewed 1
several concepts which included a lake and an amphitheater. He
advised that the Fanno Creek Park project was essentially the Park Board's project - CCPTF & the Park Hoard were coordinating i,
their work.
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Transportation Study - Jolynn Ash. Ms. Ash reviewed material
distributed to Council which outlined traffic analysis
R:.
conclusions. These conclusions included the following:
1. Develop at least one more railroad crossing.
2. Create new entry portals into downtown at:'
t-
Walnut/99W
Tigard/Main`
Hunziker/Hall
r'.
3. Maintain 300 feet between railroad crossing and nearest
major intersection.
4. Avoid any significant increases in the capacity on Main at
either terminus.
Page 1 - COUNCIL MINUTES - NOVEMBER 14, 1988
Ms. Ash reviewed several traffic pattern scenarios. There was
discussion on the maps distributed for review.
Councilor Edwards advised he had been contacted by the Utility
and Franchise Committee Chairman who noted that that railroads
may be required to pay franchise fees to the cities they travel
through.
Design Study - Pegg Weston-Byrd. Ms. Weston-Byrd discussed the
plan concept distributed to Council. She said the Committee
preferred Concept "E" because of its visual effectiveness for the
downtown area. The concept presented a "gateway effect" with an
interesting involvement for pedestrian and vehicle traffic. She
also noted the plan created larger block faces for in-fill
development-, encouraged pedestrian travel, and provided for an
Ash Street extension.
Financial Element -_Stuart Cohen. Mr. Cohen distributed material
entitled "Tigard ryCity Center Potential Funding Sources." He
noted 13 possible sources were identified; the financial
consultants had been researching potential financing plans.
Time Line - Stuart Cohen. Mr. Cohen noted there was concern on
whether there was enough time to get information out to the
public and to enlist support from business and property owners.
Ms. Weston-Byrd distributed a matrix of a public information
plan. She advised that this should be considered a "menu" from
which to choose the best alternatives for disseminating public
information.
Ms. Ash suggested specific plans be developed identifying
possible changes resulting from implementation of the downtown
redevelopment- plan. In this way, individuals may become more
involved because they would be able to identify possible impacts
to them. She noted it should be stressed that the plan was a
draft only.
There was lengthy discussion concerning public information
dispersal. Consensus was that in order to succeed (both for a
positive vote at the polls and implementation afterward) the
majority of business owners must indicate support of the plan.
Richard Morley suggested the success of the Transportation Bond
Issue was due to the fact that people were driving on the subject
roads every day and could see what the City was proposing. He
said he questioned whether the City had the resources to present
the information so that voters could understand the issue.
MAYOR BRIAN ARRIVED AT 6:20 PM
Page 2 - COUNCIL MINUTES - NOVEMBER 14, 1988
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There was discussion on the CCPTF's concerns with their ability
to solicit the required involvement from the business land owners '
in the downtown area. Peggy Weston-Byrd noted she perceived
downtown people were worried about what- was going to happen; she
said they needed to become informed and involved as soon as
possible.
Mr. Cohen noted there may not be enough time before May to
identify key projects and estimate cost. Discussed was the
possibility of forming small groups and going out to the business
owners to let them know what was being proposed. It was noted
there were about 300 business managers and owners in the area and
the time issue was, again, stressed. Also of concern was that
tax increment financing was difficult to explain.
Councilor Johnson advised she attended a session sponsored by the
Oregon Downtown Development Association (ODDA); it was noted it
was absolutely essential to have the active support and
participation of downtown business owners in order for a downtown
plan to succeed. There was discussion on other cities'
experiences with downtown plans-.a salaried-downtown manager had
been utilized in some areas.
The following questions were raised:
o How long would the financial consultant's plan be viable
should the election be delayed until November 1989?
o Were there only certain election dates wherein tax
increment financing could be placed on the ballot?
After discussion, Council consensus was that they would prefer
the City Center Plan Task Force keep on schedule for the May
election. Mr. Cohen advised that by the time the City Center
Plan Task Force meets with the Council on December 12, 1988, they
should have a better sense of how their time line was progressing
and whether the May election looked viable. Distributed to
Council was a handout entitled "Proposed City Center Development
Plan Schedule."
Councilor Edwards commended the Committee for their excellent job
to date, noting they were "on the right track."
Workshop meeting adjourned at 6:55 p.m.
CHIEF OF POLICE ARRIVED: 6:55 PM
b. Agenda Review
There was discussion on the Surface Water Management Association
which needed a representative from the City of Tigard. Council
consensus was that Councilor Schwartz would serve as their
representative on this Committee.
PERSONNEL DIRECTOR ARRIVED: 7:05 PM
Page 3 - COUNCIL MINUTES - NOVEMBER 14, 1988
Council consensus was that Councilor--elect Kasten should receive
Executive Session materials and be invited to attend the
Executive Sessions.
Several agenda items were reviewed:
o Consensus was to review Consent Agenda Items 4.4, 4.5, and 4.8
November 21, 1988; Item 4.9 was be deleted.
e After discussion, Council consensus was that material
presented for Item 4.6 (Approve Summerlake Property Purchase)
reflected prior Council discussion.
o Councilor Eadon noted concerns on several items contained in
the Community Services Department: Report for September (Item
4.2). She cautioned that staff time spent in committees be
carefully reviewed and referred to the Records Management
Committee which had split into three subcommittees.
o Council consensus was that the $2,730 for maintaining bus
shelters was cause for concern. (Item 4.2.d - Tri-Met Bus
Shelters). It was determined that the Mayor would forward a
letter to Tri-Met. Councilor Edwards noted Tigard taxpayers
should not be funding the maintenance of the Tri-Met bus
shelters.
o Councilor Edwards questioned why police officers were being
sent so far away for training. (Item 4.9 - Approve Training
Request Accident Reconstruction Course for Officer Rob
Harburg.) Chief of Police explained this certification course
was not available locally. He advised he felt it was
important that officers receive training on accident
reconstruction because of the types of accidents which were
being experienced.
Chief advised that the State Police have reduced their level
of service on streets which run through cities. Council
discussed that since the State Police had the expertise in
accident reconstruction, they should be providing this service
when needed on State Highways, (i.e., Highway 99W, Highway
217). Council consensus was to remove this item from the
agenda; however, Councilor Eadon noted there could be
potential problems without inhouse expertise in this area.
3. VISITOR'S AGENDA
a. Jeanne Rohlf, 12430 SW North Dakota, Tigard, Oregon, advised that
the Anton Park Association was requesting for delay of Council
consideration of their petition for street closure of SW North
Dakota. This item was rescheduled for December 19, 1988.
Page 4 - COUNCIL. MINUTES - NOVEMBER 14, 1988
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4. KEYS TO THE CITY
Mayor Brian recognized the following people for their service on a
Board or Committee:
Geraldine L. Ball-Johnson NPO #4
William L. Brown NPO #7
Betsy Brinkley NPO #8
Ray Baldwin NPO #8
Bonnie Owens Planning Commission
Erick Peterson Transportation Advisory Committee
John Cochran Utility & Franchise Advisory
Committee
5. CONSENT AGENDA
5.1 Approve Council Minutes: September 26, October 3, 1988
5.2 Receive & File:
a. Council Meeting Calendar Update
b. Community Services Dept. Report. - September s
c. Library Policy Report
d. Tri-Met Bus Shelters
5.3 Nominate Representative to Washington County Citizens Advisory
Board
5.4 Recess Council Meeting; Convene Local Contract Review Board
Meeting (LCRB);
a. Award Bid - Copying Machines
Adjourn LCRB; Reconvene Council Meeting Tabled to 11/21/88
5.5 Approve Pro-Tem Judges' Contracts; Augur - Res. No. 88- and }
Bourne - Res. No. 88- Tabled to 11/21/88
r 5.6 Approve Summerlake Property Purchase (Authorizing City
Administrator) - Resolution No. 88-103
5.7 Authorize Right-of-Way License-PacTrust
5.8 Award Contract - Employee Classification Review; Res. No. 88-
Tabled to 11/21/88
5.9 Approve Training Request - Accident Reconstruction Course for
Officer Rob Harburg Delete
a. Motion by Councilor Eadon, seconded by Councilor Johnson to
approve the consent agenda with Items .4, .5, and .8 tabled to
11/9/88; Item .9 was deleted.
Motion was approved by a unanimous vote of Council present.
6. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT - CPA 88-04 - ZONE
CHANGE - ZCA 88-10 - MIELNIK - NPO #5
Request for a Comprehensive Plan Amendment from Low Density Residential
to Medium Density Residential and Zone Change from R-4.5 to R-7 for a
13.16 acres. Location: 15390 & 15420 SW 79th Ave., 15685 & 15735 SW
76th Ave.; 2S1 12CA, lots 700, 3500, 3600, 2S1 12CD 200 and 300 (no
address)
6
a. Public Hearing continued from October 24, 1988.
e
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Page 5 - COUNCIL MINUTES - NOVEMBER 14, 1988 "
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b. Declaration or challenges: Councilor Schwartz advised he lived in
the subject area and felt he would not be able to render impartial
judgment with regard to this agenda item. He advised he would not
participate in the discussion or vote on the issue.
C. Senior Planner Liden summarized: On October 4, 1986, the Planning
Commission reviewed the proposed application and voted to
recommend denial of the proposal. He noted that staff- had
recommended approval based upon their belief that the applicant
had met the applicable policies in the Comprehensive Plan.
In response to a question by Councilor Edwards, Senior Planner
Liden reported duplexes and mobile home parks were permitted uses
in an R-7 zoned area. Senior Planner Liden advised that traffic
issues were being addressed in conditions of development only.
In response to a question by Councilor Eadon, Senior Planner Liden
advised that almost all of the 13+ acres would be buildable. A
small portion of the proposed site was in the 100-year floodplain. F
d. Public Testimony.
t:
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Proponents - None Present.
Opponents
i
o Harry Saporta, 7745 SW Gentlewoods Drive, Tigard, Oregon,
testified he was a member of NPO 05. He advised he had been
the only dissenting vote at the NPO meeting; the other NPO t`-
members did not voice either strong objections or support for
the development. Mr. Saporta said he was concerned with
increased traffic and the negative impact on livability in the
area. He noted he did not think a mistake had been made in the F.
Comprehensive Plan which would warrant the amendment.
o Wendy Hawley, 14790 SW 79th Avenue, Tigard, Oregon..
Mrs. Hawley advised she had made a presentation to the Planning t
Commission. She noted she was concerned with safety issues ind t `
was opposed to the development at this location because of t'
potential traffic problems.
e. Recommendation by Community Development staff: City Engineer
advised staff recommended approval of the change in zoning.
f. Public Hearing closed.
t„
g. Council comments and consideration.'
Councilor Edwards advised he was not convinced there was enough
merit for the upzoning, noting he felt there were options $
available for development within the existing 4.5 PD zone, He
Page 6 - COUNCIL MINUTES - NOVEMBER 14, 1988
further advised of his concerns with traffic impacts, the comment
from the school district that they would have difficulty absorbing
increased enrollments from the area, and noted there was
sufficient amount of R-7 and R-12 zoned property available in
Tigard. He advised he would uphold the Planning Commission's
recommendation of denial.
Councilor Johnson said she did not hear compelling arguments for
the upzoning and she would not be voting favorably on the request.
Mayor advised that he could not conclude, from information
received, that the tests (as set forth in the Comprehensive Plan)
indicating the need for a CPA had been met. He advised he did riot
see where a mistake had been made in the Comprehensive Plan or
where there was a change in circumstance which would warrant such
a change.
Motion by Councilor Edwards, seconded by Councilor Johnson, for
tentative findings of denial for the Zone Change and Comprehensive
Plan Amendment; staff was directed to prepare findings of fact for
Council consideration at a future meeting.
The motion was passed by a 4-0 vote; Councilor Schwartz did not
vote as he had disqualified himself from participating in this
issue.
7. ANTON PARK ASSOCIATION - REQUEST FOR CLOSURE OF NORTH DAKOTA STREET
INTO ANTON PARK.
a. This item was tabled to the December 19, 1988 City Council meeting.
8. THROUGH - TRUCK RESTRICTIONS.
a. This item was tabled to the December 19, 1988 City Council meeting.
9. APPEAL PUBLIC HEARING - CONDITIONAL USE CU 88-09, PLANNED DEVELOPMENT
PD 88-04 SHURGARD INCOME PROPERTIES TEN NPO # 6
An appeal of the Planning Commission's denial for Conditional Use
approval to allow storage and rental of trucks as ancillary to the
established use of the site for mini-storage warehouses. The property
is zoned C-G (PD) (Commercial General, Planned Development).
LOCATION: 15700 SW Pacific Highway (WCTM 2S1 1ODC, lot 300).
a. Public Hearing opened.
b. There were no declarations or challenges.
Summation by Senior Planner Liden. A request for a conditional
approval to construct a 90,000 square foot mini-storage facility
and to vary the required number of parking spaces from 93 to 4 was
revicwed by Planning Commission in December, 1985 and was approved
subject to the fulfillment of 15 conditions (CU 5-85/PD 4-85/V
18-85). This facility was subsequently completed and occupied.
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A warning letter and a notice of infraction (Case No. 88-115-Z)
were sent by staff on June 28, 1988, indicating the need to apply
for a Conditional Use permit based on the fact that trucks were
being rented from the property.
Permanent removal of the trucks was required by July 6, if no
conditional use request had been filed by that time. This request
was submitted on July 28, 1988, and to date the trucks were still
on the property.
The applicant was appealing the Planning Commission's denial of
the Conditional Use application to allow storage and rental of
trucks as ancillary to the established use of the site from
mini-storage warehouses. The property was zoned C-G (PD)
(Commercial General, Planned Development), Staff recommended that
should the Planning Commission denial be upheld, removal of the
trucks be completed within ten days of Council decision,
Senior Planner Liden noted the applicant had submitted a revised
site plan. This site plan addressed the concern that Planning `
Commission had with regard to whether adequate fire vehicle access
was available with the rental trucks on the site. The applicant's
planner, Mr. Lans Stout, submitted a lpti-er to Council which
advised that the Planning Commission, when rendering their
decision, did not recognize the existence of a fire vehicle access
drive or the actual dimensions of the affected aisles. f
There was discussion between Council and Senior Planner i._iden !
concerning the lack of timeliness by the applicant in responding
to the notice of infraction, j
Staff noted the Comprehensive Plan does not address auxiliary uses
for a Conditional Use.
C. Public Testimony
Proponents
o Lans Stout, Planner, Mackenzie/Saito and Associates, 0670 SW
Bancroft Street, Portland, Oregon 97201, referred to his letter
of November 9, 1988. He advised the revised site plan
accurately delineated the required 20--ioo, wide aisle and
45--foot outside turning radius. Two truck spaces and one van
space were available while preserving the fire access.
Two other issues, parking and landscaping, were noted for
attention. Two new customer parking spaces were provided to
support the truck rental actin ",F, This would reduce the
on-site landscaping from 38,904 square feet to 38,580 square
feet which was still within the Code requirement.
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Mr. Stout submitted a letter from Mackenzie/Saito, dated
November 9, 1988, from Tom Wright, Planner. This letter was s
signed off (on November 10, 1988) by Jerry Runyan, Fire
Marshal, Washington County Fire District. The letter noted
that the crew from the Washington County Fire District`
completed a test run of fire trucks through the delineated
access way and that the driver was able to maneuver the fire
truck on the site to the satisfaction of the Washington County
Fire District. Mr. Runyan also had indicated that the proposed
Ryder truck rental use on the site, if striped to ensure proper
parking, was acceptable to the Washington County Fire District.
Councilor Eadon inquired about additional spaces to be provided
for a heavy automotive rental use. Mr. Stout advised that
there were originally four spaces available and two additional
spaces had been created. Senior Planner noted the Code
permitted the exact number of parking spaces to be based on
whether or not overlapping of hours of operation was taking
place. Staff would need to thoroughly analyze the application
of Code requirements with respect to the requested uses.
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o Mark Blizzard, 15700 SW Pacific Highway, Tigard, Oregon,
testified he was the manager for the Shurgard self-storage P
facility. lie advised there was not a lot of traffic in the
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facility and that currently there were five parking spaces. He
noted a cement divider had been removed which provided an
additional parking space. He said the Fire Department was now
unopposed to the parking of three trucks on the site. He
assured that enforcement would not become a problem to the City.
d. Recommendation by Community Development staff: Senior Planner
Liden advised that staff had changed their recommendation. He
noted that when staff gave the earlier recommendation of denial,.
their concern was based on the fact that the Fire District had not
approved the access of emergency equipment as adequate, and there
were more than three trucks being parked on the site. Staff would e
support approval of the request with the operation being limited I
to three rental trucks; that the pavement be striped as shown on
the site plan; and staff be granted the authority to determine
whether two, three, or four additional parking spaces would be
necessary.
f
Senior Planner noted if the Council found that the application
should be denied, amendments would be needed for findings which
would state the primary reason for denial of the application. 1
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Page 9 - COUNCIL MINUTES - NOVEMBER 14, 1988
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e. Public Hearing was closed.
f. Consideration by Council:
Motion by Councilor Schwartz, seconded by Councilor Brian to
approve the Conditional Use subject to, 1) an annual review of
the Conditional Use permit, 2) staff- to review whether or not two,
three, or four additional parking spaces should be provided, 3)
striping delineating where the trucks could be parked; 4)
limitation of three rental truks.
Council discussion on the motion, Mayor and Councilor Schwartz
agreed that the use was subordinate to the mini-storage use and,
therefore, was not a totally separate business. Councilor Edwards
noted he felt the rental trucks represented an entirely different
business. Mayor called for a vote on the motion. The motion
failed, 2-3; Councilors Edwards, Eadon, and Johnson voted nay.
Motion by Councilor Edwards, seconded by Councilor Eadon, to refer
the application to the Planning Commission with the latest Fire
District's recommendation; further, the rental trucks should be
viewed as a second Conditional Use for the property with the
following conditions imposed: 1) an annual review of the
Conditional Use permit, 2) staff to review whether or not two,
three, or four additional parking spaces should be provided, 3)
striping delineating where the trucks could be parked; 4)
limitation of three rental trucks. i
The motion was passed by a unanimous vote of Council present.
10. COMPREHENSIVE PLAN AMENDMENT - CPA 88-03 - ZONE CHANGE - ZC 88-09 - t
TIGARD SCHOOL DISTRICT 233 - NPO #6.
a. Senior Planner Liden advised that on October 24, 1988, the Council
approved the CPA and ZC application from the Tigard School
District. The proposed ordinance reflected Council's conclusions
at that meeting.
b. ORDINANCE NO. 88-33 AN ORDINANCE ADOPTING FINDINGS AND
CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT (CPA 88-03),
ZONE CHANGE (ZC 88-04) PROPOSED BY TIGARD SCHOOL DISTRICT.
C. Motion by Councilor Johnson, seconded by Councilor Schwartz to
adopt Ordinance No. 88-33.
The motion was approved by a unanimous vote of Council present.
11. NON-AGENDA ITEMS: There were none.
Page 10 - COUNCIL MINWES - NOVEMBER 14, 1988
12. EXECUTIVE SESSION - The Tigard City Council went into Executive
Session at 9:56 p.m. under the provisions of ORS 192.660 (1) (d), (e), `
& (h) to discuss labor relations, real property transactions, and
current and litigation issues.
13. ADJOURNMENT: 9:12 p.m.
1
Approved by the Tigard City Council on December 5, 1988.
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Deputy Recorder - City of Tigard
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ATTEST:
-City of Tigard
Counc4 Pr'est&-eti.f-
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Page 11 - COUNCIL MINUTES - NOVEMBER 14, 1988
TIMES PUBLISHING COMPAN i Legal
P.O. BOX 370 PHONE (503) 684-0360 Notlce7 - 6 7 6 7
BEAVERTON, OREGON 97075 Legal Notice Advertising w6
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,
PITY OF TIGARD • v -I
❑ Tearsheet Notice
PO OBx 23397
02I GARD , OR 9 7 2 2 3 • ❑ Duplicate Affidavit "4qn
'1The following selecteddn'da items: are ~pul?lished for your information.
AFFIDAVIT OF PUBLICATION Furth erint4inationand full:egendasmay be obtatnedfrom the City Recor
der, 13125 SW Hall Blvd:, 'i'igaM Oregon 97223;,;or by calling 639 4171
STATE OF OREGON, ) CITY COUNCIL REGULAR MEETING, ;NOVEMBER 14,1988
COUNTY OF WASHINGTON, )ss' ' 5:30,PM:Stydy Session.1 7:30 PNI Regular Meeting;
I, ELAINE PETROGEORGE TIGARD CIVIC CENTER, 7 0WN HALL i
13125 SV✓HALL BOULEVARD, TIGARD, OREGON
being first duly sworn, depose and say,,$ ggi the Advgrtising -
Director, or his principal clerk, of the 1 T1ME • Study Session Meeting City;Center Plan Task'Force
a newspaper of general circulation as defined in ORS 193.010 • Local Contract Review Board Meeting
and 193.020; published at TIGARD in the • Public Hearing (Continued from 10/24/88) Comprehensive Plan Amend
ment CPA 88-04 Zone Change ZC 8810 Mielnik NPO;T#5t (Request. for {
aforesaid county and state; that the change from Low Density"Residentlal R-4.5 to Medium Density Resider
CITY COTTNC TT MFF'T'TMa NnTTCE tial R-7)." Location: West of.S.W 76th, Aenue, south of. Genttewoo s Sub i
K
a printed copy of which is hereto annexed, was published in the vision, east of S .W. 790, and'north ollland Park Subdivision s ,
entire issue of said newspaper for ONE -successive and •-Anton i?ark Associat[on Petition ~tequest for Closure of S W North f.
Dakota Street mAnton park 3 ~ ~ A y
consecutive in the following issues: • Through 1Yuck Restrictions-,.Ordinance Consideration (Portions of'Norh
Dakota Street, Tigard Str et~and Si ngwood Drive; also revising truck
NOV. 10, 1988 restrictions:on Tiedeman Avenue)
• Appeal Public Hearing Cononal tUse CU 88.09, Pianhed Development :-f
PD; 88.04 Shurgard ~Income.Properties Ten-NPO. #6 (Appeal 03 Planning '
Common s,d$nlal'-to allow storage. and rental of trucks a ad&lary use
to miN-storage warehouses):.
Q~ Fiial`Order (Ordinance) Comprehensive Plan Amendment CPA 88.03
Zone Change ZC 8.8-09 Tigard School, DLsb ict 23J NPO #6 Changehom,
[ , !
Residennst and a: Zone Change irotnR
InstitutCorial to Medium Density
Subscri dand s n to before me this NOV . 11, 1988 (Resfdeatlad; 4:5;units(a~ re) td R12, (ResidentIai 12 units/acre) Luca
tion Between Tigard High School and Cook Park on the east side of 92nd
(1) (d(e); & (h)
• Executive Session :ynder the provisions of ORS 192.660
Notary Public for Oregon to discuss Iabor relations, rest, property taetions, and cuirrenf and
My Commission Expires: 9/20/92 TT6767$ PtibNov 10 1!9'88(' `i i ' r
AFFIDAVIT
r
CITY OF TIGARD, OREGON
AFFIDAVIT OF POSTING
In the Matter of the Proposed
Cc~U~1 P~ Ohdin 4Lnce AIL). -33
STATE OF OREGON )
County of Washington ) ss
City of Tigard )
cep so ~~~"rtsr.~
I, _~~/Qhe yI7G~ ri c C~o4~~ being first duly- sworn, on
oath, depose and say: F
i
That I posted in the following public and conspicuous places, a copy of
Ordinance Number(s) SE--.3 3
i'
which were adopted at the Council Meeting dated / /8
copy(s) of said ordinance(s) being hereto attached and by reference made a
part hereof, on the /(6_ day of 2oue r,. ~c?v 1987. I'
1. Tigard Civic Center, 13125 S.W. Hall Blvd., Tigard, Oregon.
2. U.S. National Bank, Corner of Main and Scoffins, Tigard, Oregon
r
3. Safeway Store, Tigard Plaza, S.W. Hall Blvd., Tigard, Oregon
4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and
S.W. Durham Road, Tigard, Oregon 4.
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Subscrxbed' and sworn to before me this day of "f I,c~sLw /i 19 C
Notary Public for Oregon
~10 %i
My Commission Expires:
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AGENDA ITEM 0 ;.2, - VISITOR'S AGENDA DATE 11/14/88
(Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The Council
wishes to hear from you on other issues not on the agenda, but asks that you
first try to resolve your concerns through staff. Please contact the City
Administrator prior to the start of the meeting. Thank you.
NAME 6 ADDRESS TOPIC STAFF CONTACTED
Sa o All~rn Pk- Cl 4Ad~ Ct),
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DATE 11/14/88
I wish to testify before the Tigard City Council on
the following item: (Please print the information)
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Item Description: Agenda Item No. 5; Public
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Hearing - Comprehensive Plan Amendment CPA 88-04
Zone Change ZC 88-10 Mielnik NPO #5 f
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Proponent (For Issue) Opponent (Against Issue)
Name, Address and Affiliation Name, Address and Affiliation
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DATE 11/14/88
I wish to testify before the Tigard City Council on
the following item: (Please print the information)
Item Description: Agenda Item No. 8; Appeal-Public E'
Hearing - Conditional Use CU 88-09, Planned Develop-
ment PD 88-04 Shurgard Income Properties Ten, NPO #6
Proponent (For Issue) Opponent (Against Issue)
sricsicaiv'sacicASCicicx%yt*sr%ie%stsi4e*ye*:c'.~.'.»** r;k*•;4*41r*********~t****tk****~k***********~Ac*~k*
~ Name, Address andf Affiliation Name, Address and Affiliation
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AGENDA i.
City Council/City Center Development Plan Task Force
Process Check
5:30 - 7:00 PM - November 14, 1988
Town Hall Conference Room
UPDATES
Fanno Creek Master Plan - Mike Marr
Transportation Study - Jolynn Ash
Design Study - Peggy Weston Byrd
Financial Element - Stuart Cohen
Timeline - Stuart Cohen
DISCUSSION
Expectations and Direction - CCPTF and Council
Public Information Program - CCPTF and Council
OTHER ISSUES
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TIGARD CITY CENTER URBAN DESIGN PLAN
TIGARD CITY CENTER PLAN TASK FORCE
PLAN CONCEPT ; .
29 October 1988
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TIGARD CITY CENTER URBAN DESIGN PLAN MRoR9 Ww
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PLAN DESIGN/PROGRAM CRITERIA PROPOSAL
27 October 1988
Hobson Kittelson Urban Long-Range
Market Study Design Program Renewal Plan Plan Vision
PROGRAM CRITERIA 15-20 Years 15-20 Years 15-20 Years 30 Years
TIRADE AREA MARKET DEMAND Unit/Value Unit/Value Unit/Value Unit/Value
Retail+Commercia) Office 1,500,000 S.F. 1,500,000 S.F. 3,000,000 S.F. 6,000,000 S.F.
Multi-Family Housing 3,600 Units 3,600 Units 7,200 Units 14,400 Units
CITY CENTER PLAN CAPTURE RATE 200/t (Mean) 30%-37%. 150/5-20%. 12.5%-150/-
CITY CENTER PLAN MARKET DEMAND
Retail+Commercial Office 300,000 S.F. 450,000-550,000 S.F. 450,000-600,000 S.F. 750,000-900,000 S.F.
Retail-Commercial 200,000 S.F. 300,000-350,000 S.F. 300,000-300,000 S.F. 300,000-300,000 S.F.
Commercial Office 100,000 S.F. 150,000-200,000 S.F. 150,000-300,000 S.F. 450,000-600,000 S.F.
Multi-Family Housing 720 Units 1,080 Units 720-1,080 Units (10-15%) 1,440 Units (10%)
Upscale Housing 360 Units 540 Units 360-540 Units 720 Units
Midscale Housing 360 Units 540 Units 360-540 Units 720 Units
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TRANSPORTATION ACCESS
Access Lanes to City Center 7 Lanes 10-12 Lanes
Access Improvement Priorities Main, Tigard, Ash Streets Street Grid, Light Rail
Public Parking Requirement (1,500-2,000 Spaces)-Streets (2,500-3,000 Spaces)-Streets
INFRASTRUCTURE SYSTEMS IMPACTS Water, ewer Q) Water, ewer (7)
DEVELOPMENT STRATEGY PRIORITIES
Infra-Structure Improvements
Public Use Facilities Park, Squares, Art Center, Open Spaces, Streets, Amin.
Civic Center Uses, Light Rail
Public/Private Development "Yamhill Marketplace" Light Rail Partnerships
Private Development Main Street, Park Housing, Main Street, Burnham/Tigard,
SeaFirst Infiil. Housing
TOTAL A PROGRAM/BUDGET
Tigard City Center
Potential Funding Sources
Name Source Uses
1. Special Public Works Grants & loans from State Public works projects like
Fund Lottery funds through streets, sewers, traffic
application to Econ. Dev. signals which benefit
Dept. economic dev.; create or
retain jobs, etc.
2. Community Development Federal funds distributed by Public works of specific
Block Grants (CDBG) State to Washington County benefit to low & moderate
Income neighborhoods.
3. Federal Economic Dev. Grants from Economic Dev. Public works which are
Grants Admin. for 50%-60% of instrumental in creating
eligible project cost permanent jobs In area.
4. State Highway Funds Funds allocated by State Traffic signalization or other
Highway Division improvements to 99W and
Hall and intersections.
5. Water District Funds Funds allocated by Water Improvements or additions
District from user charges to water distribution system
to serve development.
6. Sewer Funds Funds budgeted by United Improvements to existing
Sewerage Agency and/or sanitary sewer system to
City adequately serve new
development.
7. City Capital Improvement Allocation of funds & Wide variety of public works
Funds projects within City's Capital or other needed projects.
Improvement Program
8. Local Improvement Special assessments against Streets, sidewalks, parking
Districts (L.I.D.) benefitted properties lots or garages.
9. Economic Improvement Special assessments agains hlrl Public area landscaping &
Districts (E.I.D.) benefitted properties maintenance; promotional
events; street sweeping;
r}~p planning and management.
6
10. Parking Districts Special Taxing District Operation, maintenance,
established by City Council program enforcement,
using assessments and/or management for parking
taxes on benefitted facilities within area.
properties
11. Tax Increment Financing Property taxes on added Public improvements,
valuation of land and structural rehabilitation, land
buildings within an urban acquisition, program
renewal area. management.
12. Land Resales Sale of land owned by an Assembly of parcels &
Urban Renewal Agency to resale to private parties
private development developing in compliance
with plan objectives and
standards.
13. Private Funding Private development, New development,
donations, grants renovations; earmarked
Moore Brelthaupt & Assoc.,inc. funds for specific purposes.
October 18, 1988
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TRAFFIC
Capacity
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STREET PATTERN
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RESOURCE PRESERV.
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Clarity
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PROPOSED CITY CENTER DEVELOPMENT PLAN SCHEDULE
WHAT WHEN WHO
Develop Project List Oct. 29 - Nov. 17 CCPTF,
G.S.A., Moore,
Kittleson, Staff
Transportation Levy Election Nov. 8
CCPTF Meeting Nov. 8 CCPTF
Discussion of Project & Timelines Nov. 14 CCPTF, COUNCIL
Workshop with Design Team Nov. 17 CCPTF, G.S.A
Staff
Public Review of Draft Project Nov. 21 - Dec. 2 PUBLIC
List CCPTF, Staff
Park Levy Discussion with Council Dec. 5 PARK BOARD, COUNCIL
Staff
Planning Commission Review of Dec. 6 PLANNING COMM.
Parks Master Plans and City Center Park Board, CCPTF
Transportation Report Staff
Discussion of Draft Project List Dec. 12 COUNCIL
with Council CCPTF, Staff
% CCPTF Review of City Center Jan. 2..- 6 CCPTF
Development Plan
Public Review of City Center Jan. 9 - 13 PUBLIC
Development Plan
Planning Commission Review of Jan. 17 PLANNING COMM.
City Center Development Plan CCPTF, Staff
Citv Center Development Plan Feb. 2 STAFF
Distributed to Council
Presentation of City Center Feb. 13. CCPTF
Development Plan to Council Council, Staff
Hearings on City Center Feb. 13 & Feb 27 COUNCIL
Development Plan CCPTF, Staff
Ballot Title to Council March 15 STAFF
Election on Parks Levy March 16
Council Action on Ballot March 27 COUNCIL
Ballot Filed with County Clerk April 6 STAFF
City Center Development Plan May 16
Financing Election
br/7742D NOTE: Underlined = Lead on project
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: _November•_ 14, 1968 DATE= SUBMINovember Q, 1988
ISSUE/AGENDA TITLE: PREVIOUS ACTION:
Keys to the City
_ PREPARED BY: Donna_Cor•bet _
DEPT HEAD OK ~ITY ADMIIU OK_.-_ REQUESTED BY: Mayor and Council
POLICY ISSUE
Keys to the City are presented to citizens who have served on a board or
committee in recognition of their service.
INFORMATION SUMMARY
The following people are being recognized for their service on a board or
committee:
Geraldine L.. Ball--Johnson NPO it A
William L. Brown NPO # 7
Betsy Brinkley NPO # 8
Ray Baldwin NPO # 8
Bonnie Owens Planning Commission
Erick Peterson Transportation Advisory Committee
John Cochran Utility and Franchise Advisory Cum.
ALTERNATIVES CONSIDERED
FISCAL IMPACT
SUGGESTED ACTION
Presentation of "Keys" by Mayor
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CITY CENTE LAN T AS FORCE - PUBLIC TNF-QI MATION PLAN
E
SHE THE CITY CENTER VISION - Tigard, Oregon
Mission: To share the vision of Tigard's City Center Plan with
citizens and the business community in 'such a way that
they can catch the spirit of the plan and see the
value of implementing the plan.
Goal: Through a process of public information/dissemination/
feedback/input between the CCPTF and the community at
all levels and interests, capture public support for
the mission and pass the funding for the City Center
Plan on the ballot in May, 1989.
Strategy: Segment the publics who.must be reached, including
resident voters and non-voting influential
individuals, and use an appropriate variety of tactics
to reach these publics in order.to meet the goal.
Schedule and assign tactics to task force members,
city staff and volunteers. I.
j
Report on progress of implementing tactics at CCPTF
meetings.
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CITY OF TIGARD, OREGON 14 GL
MEMORANDUM
TO: Honorable Mayor and City Council November- 4, 1988
FROM: Pat Reilly, City Administrator
SUBJECT: COUNCIL CALENDAR, FY 1987-88 4
i
Attached is an updated tentative calendar for this fiscal year. 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.
is
November '88
3, Thurs MACC Public Hearing for Community Access Rules &
Procedures, 7:30 pm, Wa. Co. Fire District #1, Aloha,
Training Rooms 1&2
5, Sat- Beaverton Arts Commission Open Night (7 pm, Food Court
Cascade Plaza, 8775 SW Cascade Ave, Beaverton) i
7, Mon No Council Meeting
8, Tues Election Day
9, Wed NPO #3 Meeting re: Walnut island (7:30 pm Town Hall E
Room)
10, Thurs I--5 Forum Breakfast (7 am, Charlie's)
11, Fri Veterans Day Holiday
12-15, Sat-Tues League of Oregon Cities Conf. in Portland
*14, Mon Council Business Agenda (6:30/7:30)
15, Tues Board and Committee Chairs Meeting (7:30 pm)
16, Wed MACC Meeting (1:30) - Beaverton Library
18,19,20 Council Workshop (w/new CA and new Council) r'
21, Mon Intergovernmental Council of Wa. Co. Consolidated
Communications Agency Workshop (Wa. Co. Fire District
#1 Admin. Bldg., Board Room) re:policy issues, planning
concerns, capital improvements & finances ?
*21, Mon Council Business Agenda (6:30 Joint Meeting w/Econ.'
Dev. Com./7:30)
24-25, Thurs-Fri Thanksgiving Holiday
28, Mori No Council Meeting F
30, Wed Appointment Advisory (5:15 pm)'
December '88
i
?Dec Council Goals Workshop?
2, Fri Tree Lighting Ceremony (5:30 pm Town Hall Room)
*5, Mon Council Business Agenda (6:30/7:30)
*12, Mon Council Study Agenda (6:30 Joint Meeting w/Library
Board/7:30)
15, Thurs Mayor's Farewell (Town Hall Room - time to be announced)
*19, Mon Council Business Agenda (6:30/7:30)
21, Wed MACC Meeting (1:30) - Beaverton Library
26, Mon No Council Meeting
26, Mon Christmas Holiday
Council. Calendar - Page 1
Jariuar y 1 89
2, Mon No Council Meeting
2, Mon New Year's Day
*9, Mori Council Business Agenda (6:30/7:30)
*-16, Mon Council Study Session (6:30/7:30)
16, Mon Martin Luther King, Jr. Holiday
*23, Mon Council Business Agenda (6:30/7:30)
February '89 i
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*13, Mon Council Business Agenda (6:30/7:30) ~
14, Tues Valentine's Day
*20, Mon Council Study Session (6:30/7:30)
*27, Mon Council Business Agenda (6:30/7:30)
20, Mon President's Day
March '89
17, Fri St. Patrick's Day
24, Fri Good Friday
26, Sur) Easter
May '89
14, Sun Mother's Day
29, Mon Memorial Day
June '89
14, Wed Flag Day
29, Mon Memorial Day
July '89
4, Tues Independence Day
September '89
4, Mon Labor Day
October '89
31, Tues Halloween
November '89
23-24, Thurs-Fri Thanksgiving Holiday
December '89
25, Mori Christmas Holiday
mh0028a
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Council Calendar - Page 2
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: November 14, 1988 DATE SUBMITTED: November A 1988
ISSUE/AGENDA TITLE: Monthly Report PREVIOUS ACTION:
Community Services Department for
September, 198 PREPAR'E'D BY: Donna Corbet
DEPT HEAD OK" CITY ADMIN OK REQUESTED BY: Mayor and Council
POLICY ISSUE
Community Services Department Monthly Report for September, 1988
INFORMATION SUMMARY
Attached is the Community Services Department- Monthly Report for September, 1988.
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ALTERNATIVES CONSIDERED
FISCAL IMPACT
SUGGESTED ACTION
Review and File
dc:0009s
MEMORANDUM
CITY OF TIGARD, OREGON
-TO: Honorable Mayor and City Council November 3, 1988
FROM: Jill Monley, Community Services Director
SUBJECT: Monthly Departmental Report for September, 1988
COMMUNITY SERVICES ADMINISTRATION
PERSONNEL
The City Administrator Assessment Center was held September 9. Several highly
qualified people were invited to participate. It resulted in the hiring of Pat
Reilly, of Gladstone, Missouri. He is scheduled to begin October 3, 1988.
September saw 5 more recruitments and 3 terminations. Along with that we were
continuing to negotiate the TPOA contract.
COMPUTER SERVICES
Computer installations, especially in the local area networks, continued. The
process of stabilizing the Police and Community Development Department's systems
has been ongoing.
FINANCE/ACCOUNTING
The final review of the audit work papers was completed with Cooper's and Lybrand
Partner, John Dethman. The Draft Comprehensive Financial Statements and the
Management Letter will by typed by Word Processing and will be reviewed in early
October. We expect- to report the results of the Audit to the Budget Committee in
December or January.
An IPM programmer worked for over a week on certain problems with several software
modules. All work was successfully completed under the existing IPM maintenance
agreement with no further charge to the city.
The City Attorney and the Finance Director held the second negotiating session with
a representative of Pacific Northwest Bell. We believe the process with PNB is
nearing its conclusion and we anticipate bringing an ordinance before council in
mid-November. We will also begin the negotiation process with the other public
utilities in November.
Throughout the spring and summer, we have had a student intern in the Accounting
Section. Jackie Jones is an accounting student at Portland State and has now
returned to school to complete her studies. She has made a great contribution to
our division and we wish her the best.
Attached you will find the "Financial Report" for July 1, 1988 through
September 30, 1988. The "Adopted Budget" column is the 1988-89 adopted budget with
` all contingency appropriations through September 30, 1988. The actual column
represents actual collections and expenditures to date, and audited beginning fund
balances. Also included is a combined balance sheet for all funds.
2
C.S. Monthly Report (con't)
CITY RECORDER
Focus has continued on the Risk Management program for the city. Training at the
Oregon Public Risk Managers Association Conference was helpful and informative.
Program development, selection of the Agent of Record, and education in the risk
management field have been ongoing.
This election season has been extremely busy and deadlines for council candidate
filings were met.
The Deputy Recorder is becoming more involved with agenda process which includes
tracking agenda items, updating agendas with information from Council meetings, and
communications from City staff. This position serves as the center to receive
agenda update information used in the publication of tentative agendas for future
meetings.
Since this is a Council election year, following is a little history of the Council
in Tigard that might be interesting-
• Tigard has had 9 mayors and 1 protem mayor since incorporation. Only 2 of
those mayors did not also serve as a councilor prior to or after their service
as mayor. Tigard has had 37 councilors since incorporation.
o Tigard's first mayor and council in 1961 were: Elton Phillips, Mayor, Edward
Woodard, James Aitken, Karl Hanneman and Earlis Reid
Awl
~C OFFICE SERVICES
Word Processing - For the first month in several, full staff coverage in word
processing was achieved. W.P. still processed 41.8 % of the projects on a rush
basis. Many of these rush projects are being requested in less than two hours.
This is an indication of the pace the city and our organization is keeping. Our
hats are off to the C.D. clerical staff- on their efforts to decrease the number of
rush projects from that department.
118.5 hours was spent on special projects including the Annual Report, Personnel
filing, Records filing and labeling, data input in accounting, assisting office
support in inputting Section 18 of the TMC. The Annual Report and TMC are not
completed but will be in October.
Office Support - There was another increase (16.7 percent) in the number of
special/ongoing projects this month. This seems to be a main focus of work at this
time.
Office Management - Copy machine bid specs for 4 city locations have been submitted
and are being evaluated. The FAX machine specs have been evaluated and a
recommendation has been submitted. Purchase is scheduled for early November.
When Floating Point was closing down some of their Beaverton operation, we were
able to purchase 300 notebooks for $30, saving approximately $720. In addition, we
purchased some general office supplies, five supply cabinets for $35. each, tables,
a typewriter stand, a desk and a computer stand.
3
C. S. Monthly Report (con't)
COURT
Marge For•za resigned and Colleen Asp has been promoted to the OA II position.
Colleen has worked for, the City for four years, three of which has been in Court.
We will be filling her position in October.
Revenues for the first quarter are lower than projected (projected: $67,750, actual y
$62,200). This is mainly due to a lower than anticipated caseload. Collections i
are being done regularly and are going quite well. There has been a 25 percent
decrease in accounts receivable, again partially due to the reduction in caseload.
In comparing the "fine per cite" being collected this quarter to past years, we
have seen a $6 per cite increase over the 86-87 colleci;ion rate, and a $3 per cite
increase over 87-88 collections. Staff will continue to keep collections
up-to-date. However, if the caseload trend continues, it may be necessary to
recognize the reduction in revenue during the supplemental budget process.
Changes were made in the justice computer program to increase accuracy and
efficiency. The bail distribution program consolidated screens, and once all the
information is entered, will save staff- approximately 6-8 hours per month. The
fine and payment screens were modified to show the payment type and to insure the
account breakdown equals the amount paid. This will help decrease operator error
and the additional time it takes to correct errors.
RECORDS
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Records staff continue working towards meeting their 1988/89 work program goals.
The major areas of focus this month were: conversion of 455 files to end tab files,
creation of 378 new files, and continued computer indexing of resolutions and
ordinances.
The information entered on the computer system has cut down on the time needed to
research Council filing, Twenty-three computer searches were done in September.
The 23 requests took about an hour, which is less time than one manual search
usually takes.
The Records Management Committee has formed three sub-committees to address
City--wide records issues. The micrographics sub-committee will be focusing on the
City's need for micrographics. Another group will be developing a disaster
recovery plan. The purpose of the program is to have an action plan for saving
records vital to the City's operation in event of a disaster. The policy and
procedure manual sub-committee will be developing a records manual for City-wide
use. It will include information on submitting records, records room and vault
use, state and local laws, record retention periods, disaster recovery, and
micrographics.
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COMMUNITY SERVICES DEPARTMENT WORK MEASURES
SEPTEMBER, 1988
ACCOUNTS PAYABLE: 9/87 9/88 SEWER: 9/87 9/88
Accounts Payable Checks: 365 461 Sewer bills sent out 6057 6908
Vendors 771 1178 Sewer payments 6089 5880
Check requests 312 375 Phone calls 516 331
Payroll checks 275 430 Treasurer's Receipts 864 809
Purchase Orders Processed 74 56 New Customer & Add. 507 373
chg. and Adjustments
OFFICE SERVICES 9/88
Number of W.P. work orders 495
Number of pages processed in W.P. 2266
Average turn around time per WP Work Order 5.3hr•
Number of Office Support Work Orders 274
Number of pages processed in Office Support 31,488
Average turn around time/Office Support Work Order 6.1hr
Number of Special/Ongoing Office Support Projects 453
X* The manner in which we are keeping track of Office Services statistics is
changing. We are separating the Word Processing statistics from Office Support.
Therefore, last year's totals would be misleading.
PERSONNEL 9/87 9/88
Recruitments 2 1
Hires 5 2
Terminations 1 2
Unemployment Claims 1 0
Claims Filed: Worker's Compensation 1 3
RECORDER'S OFFICE Year-to-Date
9/87 9/88
Resolutions processed 120 98
Ordinances processed 54 28
Comparisons of same mo. 1 year ago:
No. of Council Meetings 3 4
No. of Hours for Meetings 12 15.5
Agenda Items received, reviewed
and followed up on (if necessary) 51 79
Copy Volume for September CC Meetings 7,155 8,917
0009s
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10/01/88
CITY OF TIGARD
CLAIM STATUS REPORT FOR SEPTEMBER, 1988
LOSS DATE CLAIMANT DESCRIPTION STATUS
2/04/85 Fredric Nickel Criminal counter cplt. open
(Officer Hal Merrill)
03/16/85 Julie B. Winkelman Wrongful Death open
Officer Killion
12/11/87 Jack Norman III by father Jack Norman Sr. - open
Alleges City liable in traffic
mishap when son struck by Marie
Bernadette Winkler in crosswalk
5/9/88 John 0. Umude Alleges unlawful employment open
practices
7/5/88 City of Tigard H. Fleming hit city owned traffic open
light & knocked out signals (72nd St.)
7/7/88 Gordon R & Gordon S. Summons & Complaint. Several open
Martin challenges...
8/5/88 Deborah Stuart Employee of city alleges sign open
improperly placed in parking
lot. Damaged car on it.
8/12/88 Adrian Ramburg Collision with our police car during open
response to emergency with wig-
wags on. Extensive damage to both
cars. Ofc. Warren
4/17/88 Laura Jones Alleges city improperly maintains open
signals & shrubs, etc, at inter-
section of Hwy 99 & McDonald & Gaarde
resulting in accident.
5/28/88 Teresa Lynn Blocker Alleges she was struck by Cpl. Johnson. open
8/19/88 City of Tigard Vandalism at Gook Park restrooms. open
7/88 Burl Morford Alleges roadwork on 132nd elevated open
driveway grade to 15 degrees
9/13/88 Scott Hummel Alleges his car was damaged on open
manhole cover at corner of
Colony Creek & Hall Blvd.
9/29/88 Debra Fuller Alleges damage to car when Officer open
Knutson rear-ended her while
trying to give her a citation.
She had stopped abruptly.
dc:0009s
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NON-STAFF RESOURCES/VOLUN"T"EER REPORT
SEPTEMBER, 1988
PROJECTED
YTD FY TOTAL
CATEGORY 1986-87 1987-88 September, 1988 1988-89 1988-89 % Change
Boards &
Committees 2601.75 2804.25 312.75 702.75 2811. -0-%
Volunteer
Staffing 7272 7142.25 557.75 1606.5 6426. -11%
TCYS N/A 1190 -0- 1027.0 1027.0 -15%
Community
Service 2387.25 2501.50 218. 663.0 2652.0 6%
Other 264.5 81.0 42.0 42.0
TOTAL: 12,525.5 12,448.0 1,130.50 3,999.25 12,916.0 +3%
dc:0009s
7
CITY OF TIGARD
COMBINED BALANCE SHEET
FOR QUARTER ENDED SEPT 30, 1988
General Special Assort 60 Debt Bancroft Sewer Storm General General Total
Fund Revenue CIP Service Debt Serv Fund Drain F/A L/T Debt
ASSETS
Cash and Investments $965,057 $1,277,106 $719,629 $19,633 $913,364 $796,205 $350,123 $5,041,117
Receivables 281,091 24,052 1,245,597 87,791 33,453 1,671,984
Inventory (2,688) (2,688)
Fixed Assets 4,023,661 3,260,624 6,201,424 13,485,709
Amount to be Provided 6,342,596 6,342,596
Total Assets $1,243,460 41,277,106 $719,629 $43,685 $2,158,961 $4,907,657 $3,644,200 $6,201,424 $6,342,596 126,538,71B
LIABILITIES & EOUITY
Liabilities
Accounts Payable $6,172 14,511 $258,954 $4,386 $274,023
Deposits 71,475 71,475
Deferred Revenues 246,070 21,379 1,194,235 1,461,684
In Bonds Payable 2,580,000 2,580,000
-raft Bonds Payable 2,171,000 2,171,000
Bond Anticipation Notes 1,200,000 1,200,000
Other Liabilities 32,024 391,596 423,620
Total Liabilities 355,741 0 0 21,379 1,198,746 258,954 4,386 0 6,342,596 8,181,802
Equity
Contributed Capital 3,804,683 3,778,307 7,582,990
Retained Earniings 805,419 (143,245) 662,174
Fund Balances 1,337,303 1,164,071 734,493 17,871 832,423 4,086,161
Invest in F/A 6,201,424 6,201,424
Total Equity 1,337,303 1,164,071 734,493 17,971 832,423 4,610,102 3,635,062 6,201,424 0 18,532,749
Total Liab & Eq $1,693,044 $1,164,071 $734,493 $39,250 $2,031,169 $4,869,056 $3,639,448 $6,201,424 $6,342,596 $26,714,551
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Excess of Rev/Exp (449,584) 113,035 (14,864) 4,435 127,792 38,601 4,752 (175,833)
i.
Net Liab & Equity $1,243,460 $1,277,106 $719,629 $43,695 $2,158,961 $4,907,657 $3,644,200 $6,201,424 $6,342,596 $26,538,718
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City Of Tigard
Financial Report-YTD September 1988
1988-89 SEPTEMBER VARIANCE %
REVENUE ADOPTED 1988 UNCOLLECTED COLLECTED
BUDGET ACTUAL UNEXPENDED EXPENDED
GENERAL FUND
TAXES $2,212,633 ?46.•%75 $2,166,458 0.02 (F)
OTHER AGENCIES $932,543 $148,608 2783,935 0.16
FEES AND CHARGES $707,000 $184,851 $522,149 0.26
COURT FINES $284,000 $62,832 $221,168 0.22
FRANCHISE FEES $800,077 $205,706 $594,371 0.26
USE OF MONEY/PROP $179,000 $41,760 $137,240 0.23
OTHER REVENUE $161,900 $36,189 $125,711 0.22
SUBTOTAL G/F $5,277,353 $726,321 $4,551,032 0.14
BEGINNING FUND BALANCE $1,362,929 $1,337,303 $25,626 (E)
TOTAL GENERAL FUND $6,640,282 $2,063,624 $4,576,658 0.31
STATE GAS TAX $899,539 $350,400 $549,1=9 0.39 (A)
COUNTY GAS TAX $167,408 $110,028 $57,380 0.66 (A)
COUNTY ROAD LEVY $63,000 $69,509 ($6,5(-.19) 1.10 (A)
STREETS SDC $730,000 $882,788 ($152,788) 1.21 (A)
PARKS SDC $150,000 $129,576 $20,424 0.86 (B)
SEWER FUND $1,428,927 $639,651 $589,276 0.59 (C)
STORM DRAINAGE FUND $611,942 $499,681 $112,261 0.82 (C)
SPEC ASSMT CIP $22,370,000 $749,571 $1,620,429 0.32
BANCROFT BOND DEBT $3,785,955 $1,031,842 $2,75401: 0.27
GENERAL BOND DEBT $257,037 $22,306 $234,731 0.09
FORFEIT-CRIM ACTIVITY $0 $45,242 ($45,242) 0.00 (D)
TOTAL REVENUES $17,104,090 $6,794,218 $10,309,872 0.40
PROGRAMS/DEPARTMENTS
COMMUNITY SERVICES
POLICE $2,266,298 $473,324 $1,792,974 0.21
COMMUNITY SERVICES $848,338 $214,727 $633,611 0.25
MUNICIPAL COURT $97,328 $23,558 $73,770 0.24
LIBRARY $456,923 $122,984 $333,939 0.27
SOCIAL SERVICES $42,500 $9,875 $32,625 0.23
TOTAL COMMUNITY SERVICE $3,711,387 $844,468 $2,866,919 0.23
COMMUNITY DEVELOPMENT
CD ADMIN $319,779 $75,954 $243,825 0.24
DS BUILDING $313,499 $63,844 $249,655 0.20
DS PLANNING $330,445 $65,750 $264,695 0.20
DS ENGINEERING $307,874 $69,791 $238,083 0.23
PW SHOPS & SERVICES $260,624 $40,151 $220,473 0.15
PW WASTEWATER $424,176 $73,116 $351,060 0.17
PW STREETS & LIGHTS $672,066 $123,673 $548,393 0.18
PW PARKS & GROUNDS $229,900 $57,532 $172,368 0.25
TOTAL COMM DEV $2,858,363 $569,811 $2,288,552 0.20
POLICY AND ADMINISTRATION $179,652 $31,618 $148,0%4 0.1B
CITY WIDE SUPPORT
NON DEPARTMENTAL $741,515 $246,679 $494,836 0.33
CITY ATTORNEY $100,000 $8,355 $91,645 0.0B
TOTAL CITY WIDE $841,515 $255,034 $586,481 0.30
OPERATING BUDGET $7,590,917 $1,700,931 $5,889,986 0.22
DEBT SERVICE $4,042,992 $71,412 $3,971,580 0.02
ALL OTHER
CIP-GENERAL $556,8933 $5,852 $551,041 0.01
CIP-OTHER $3,718,336 $144,824 $3,573,512 0.04
TOTAL CIP $4,275,229 $150,676 $4,124,553 0.04
CONTINGENCY RESERVES
GENERAL OPERATING $73,843 $73,543 $0 0.00 (G)
GENERAL RESERVE $840,497 $840,497 $0 0.00
OTHER FUNDS $280,912 $280,912 $0 0.00
TOTAL CONTINGENCY $1,194,952 $1,194,952 $0 0.00
TOTAL EXPENDITURES $17,104,090 $3,117,971 $13,986,119 0.18
(See footnotes on attached page)
CITY OF TIGARD
FOOTNOTES TO FINANCIAL REPORTS
FOR QUARTER ENDED SEPTEMBER 30, 1988
General Audited beginni j fund balances are reflected in Revenue YTD Actual
column rather than adopted beginning fund balances. Fund balance
adjustments will be made to the adopted budget in a supplemental in
January 1989.
(A) The beginning fund balances for all four street related special
revenue funds were significantly greater than anticipated in the
adopted budget due to less than anticipated street expenditures in
late 1987-88 and strong development related revenues during that
same period.
(B) Parks SDC beginning fund balance was $64,000 greater than
anticipated due to a Council approved decision to save Parks SDC
Revenues for Summerlake Park land acquisitions in the fall and
winter of 1988-89.
(C) Due to a change in the method of estimating beginning fund
balances for budgetary purposes, beginning fund balances in the
enterprise funds varied significantly from the adopted budget as
follows:
Adopted Audited
BFB BFB Change
Sewer Fund 697,927 586,440 (111,487)
Storm Drainage Fund 86,942 374,437 287,495
(D) Criminal forfeitures of $45,242 were received and budgeted in
1987-88 but not spent. This fund was not included in the 1988-89
adopted budget because the revenue was recognized after budget
adoption. Beginning fund balance will be included and appropriated
into Community Services-Police in the Supplemental Budget.
(E) Beginning fund balance in the General Fund was $25,626 less than
anticipated in the 1988-89 Adopted Budget. This difference will be
dealt with in the Supplemental Budget along with other changes in
revenue.
(F) Property tax receipts through September 1988 reflect collection of
prior years delinquent taxes. The majority of current year tax
revenue will be received in the December tax apportionment from
Washington County.
(G) General Fund operating contingency was adopted at $122,951 and has
been reduced to $73,543 by the following Council actions:
Resolution Description G/F Cont. $
88-68 TVEDC Participation 2,249
88-75 Citicorp Lease Partial Buyout 16,500
88-79 CCPTF Financial Study 10,659
88-80 Senior Center Match 91000
88-88 CCPTF Design Study 11,000
49,408
cn/7833D
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CITY OF TIGARD, OREGON C
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: November 14, 1988 DATE SUBMIT-1*ED: November 4 1988
ISSUE/AGENDA TITLE: Acceptance - PREVIOUS ACTION: None
Tigard Library Policy Statement
PREPARED BY: Irene E. Ertell
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Library Board
POLICY ISSUE
To establish a formal, published statement regarding the overall policy for
offering library service to the Citizens of Tigard, Oregon.
INFORMATION SUMMARY
The Library has had, since 1977, a policy regarding the selection of
material. In subsequent years, the Board has reviewed that policy, sometimes
making revisions. Other policy items regarding gifts, withdrawal of materials
and privacy of records also have been added. This document represents a ti
review of those portions as well as incorporation of items which have been
practice. This document will serve as a formal statement.
ALTERNATIVES CONSIDERED
1. Adopt a formal statement of policy for the Tigard Public Library.
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2. Continue with piecemeal policy statements covering only a narrow scope. 4
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FISCAL IMPACT
None.
SUGGESTED ACTION
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1. Adopt this formal statement of policy for the Tigard Public Library.
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TIGARD PUBLIC LIBRARY
POLICY MANUAL
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I. Philosophy Statement . . . . . . . . . . . . . . . . . . . . . 2
II. Goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
III. Selection of Library Materials . . . . . . . . . . . . . . . . 4
Library Bill of Rights . . . . . . . . . . . . . . . . . . 5
Freedom to Read . . . . . . . . . . . . . . . . . . . . . 6
Freedom to View . . . . . . . . . . . . . . . . . . . . . 10
IV. Reconsideration of Library Materials . . . . . . . . . . . . . 11
V. Gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Vi. Withdrawals of Materials . . . . . . . . . . . . . . . . . . . 14
VII. Privacy of Records . . . . . . . . . . . . . . . . . . . . . . 15
VIII. Meeting Room Use . . . . . . . . . . . . . . . . . . . . . . . 16
IX. Exhibit Spaces and Distribution of Materials . . . . . . . . . 17
X. Program Criteria . . . . . . . . . . . . . . . . . . . . . . . 18
XI. Use of the Tigard Public Library . . . . . . . . . . . . . . . 19
XII. Children in the Library . . . . . . . . . . . . . . . . . . . 21
XIII. Free Access to Libraries for Minors . . . . . . . . . . . . . 22
XIV. Code of Ethics . . . . . . . . . . . . . . . . . . . . . . . . 23
XV. Relationships and Cooperation with Other Libraries . . . . . . 24
XVI. Tigard Municipal Code Chapter 2.36 . . . . . . . . . . . . . .
XVII. City of Tigard Ordinances 72-30 and 84-35 . . . . . . . . . .
XIX. Oregon Revised Statutes Chapter 357.400 - 357.780 . . . . . .
May 1988
0020L -1-
I. PHILOSOPHY STATEMENT:
( Tigard is a vibrant growing community grounded in a tradition of hard work,
t, open inquiry, and free expression. The library is an integral part of that
ethic, this tradition. The Tigard Public Library was established by a
community that believed in providing a source for reliable information, a
place for open inquiry, an opportunity for education beyond the formal school
system, encouragement for personal enrichment and enjoyment, and a place where
diverse concepts can be examined and weighed.
The library is more than an attractive place for children to attend story
time. It is a measure of the community's health and well-being. It is a
reflection of the past and a door to the future. The library nourishes the
inquiring mind. It also provides for an informed citizenry that is the
mainstay of a democratic society. The library is compelled to provide as much
information and present as many ideas as possible so that our society may
continue to be strong and maintain the freedoms embodied in our country's
founding documents. All resources and services must be available to everyone
regardless of age, sex, physical condition, economic condition, ethnic
background, religious persuasion, or political status. Even in times of
economic pressure and increased demands for "life sustaining" services, the
library must insist on its share of available resources that will maintain the
innerlife as well as the physical well-being of all citizens.
The Tigard Public Library must fulfill its destiny as the center of the
community providing tools for growth, continuing education, and an awareness
of the past, present, and future.
The Tigard Pubii.c Library Board-endorses and supports community involvement in
the availability and growth of a commonly held resource accessible to all
members of the community. Realizing that information is available in many
forms, the Library Board supports adequate funding for different media
requested by the community: books, magazines, special collections, maps,
microfiche, tapes, records, videos, pamphlets, loose leaf services, software,
and other formats. To make the collection accessible to the community the
Library Board supports adequate funding to meet the staffing needs necessary
to be open a maximum number of hours to our service area population. The
Library Board desires to support, promote and provide the maximum number of
resources and programs that the community needs and demands and to make these
resources accessible to all.
0020L -2-
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II. GOALS,
Tigard Public Library (TPL) has been established to provide free access to
information reflecting as many viewpoints and opinions as possible within its
resources. TPL will provide books and other materials to support the inquiry
and recreational reading needs of all people of all ages. TPL will strive to
offer opportunity, encouragement, and guidance to users in making the best use
of its resources. TPL supports universal education as a continuing process
throughout life. With minimum duplication of public school resources, TPL
will provide materials to supplement requirements of students. TPL will
provide the best service possible by a continuous process of upgrading ti
resources and facilities. TPL will use all available resources as
economically, efficiently, and effectively as possible.
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0020L -3-
III. SELECTION OF LIBRARY MATERIALS:
1. Responsibility: Authority for the determination of a policy in the
selection and acquisition of Library materials is vested in the Library
Board. Final responsibility for selection of materials within policy
guidelines rests with the Library Director. Certain areas of
responsibility for selection are assigned by the Director to appropriate
professional staff. Any staff member may submit suggestions for the
purchase of an item as may any library patron. On a regular basis all
suggestions are considered for purchase by the professional staff and the
Library Director according to the Library selection policy.
2. Selection Policy: Within practical limitations materials are selected for
their literary or artistic merit, authentic information, usefulness,
enjoyability, and/or current or historical interest. Judgments of experts
or professionally trained staff members and qualified reviewers and
respected sources provide a balance of opinion as the basis for
selection. Final decision is based on the anticipated value and interest
of the material to the Library's public, regardless of the personal taste
of the selectors. These standards apply equally to materials purchased
and to those received as gifts.
3. The Library recognizes the purposes and resources of other libraries in
the area and shall not needlessly duplicate functions and materials. The
Library does not attempt to acquire textbooks or other curriculum related
materials except as such materials also serve the general public. Legal
{ and medical works will be acquired only to the extent that they are useful
to the layman.
4. Tigard Public Library endorses the material selection principles contained
in the Library Bill of Rights, the Freedom to Read statement and the
Freedom to View statements adopted by the American Library Association and
follows the selection principles contained therein.
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0020L -4-
LIBRARY BILL OF RIGHTS
The American Library Association affirms that all libraries are forums for
information and ideas, and that the following basic policies should guide
their services.
1. Books and other library resources should be provided for the interest,
information, and enlightenment of all people of the community the library
serves. Materials should not be excluded because of the origin,
background, or views of those contributing to their creation.
2. Libraries should provide materials and information presenting all points
of view on current and historical issues. Materials should riot be
proscribed or removed because of partisan or doctrinal disapproval.
3. Libraries should challenge censorship in the fulfillment of their
responsibility to provide information and enlightenment.
4. Libraries should cooperate with all persons and groups concerned with
resisting abridgment of free expression access to ideas.
5. A person's right to use a library should not be denied or abridged because
of origin, age, background, or views.
6. Libraries which make exhibit spaces and meeting rooms available to the
public they serve should make facilities available on an equitable basis,
regardless of the beliefs or affiliations of individuals or groups
requesting their use.
Approved by ALA Council 1980 Midwinter January 1980
0020L -5-
Mill
FREEDOM TO READ
The freedom to read is essential to our democracy. It is under attack.
Private groups and public authorities in various parts of the country are
working to remove books from sale, to censor textbooks, to label
"controversial" books, to distribute lists of "objectionable" books or
authors, and to purge libraries. These actions apparently rise from a view
that our national tradition of free expression is no longer valid; that
censorship and suppression are needed to avoid the subversion of politics and
the corruption of morals. We, as citizens devoted to the use of books and as
librarians and publishers responsible for disseminating them, wish to assert
the public interest in the preservation of the freedom to read.
We are deeply concerned about these attempts at suppression. Most such
attempts rests on a denial of the fundamental premise of democracy: that the
ordinary citizen, by exercising his critical judgment, will accept the good
and reject the bad. The censors, public and private, assume that they should
determine what is good and what is bad for their fellow citizens.
We trust Americans to recognize propaganda, and to reject obscenity. We do
not believe they need the help of censors to assist them in this task. We do
not believe they are prepared to sacrifice their heritage of a free press in
order to be "protected" against what others think may be bad for them. We
believe they still favor free enterprise in ideas and expression.
We are aware, of course, that books are not alone in being subjected to
efforts at suppression. We are aware that these efforts are related to a
larger pattern of pressures being brought against education, the press, films,
radio, and television. The problem is not only one of actual censorship. The
shadow of fear cast by these pressures leads, we suspect, to an even larger
voluntary curtailment of expression of those who seek to avoid controversy.
Such pressure toward conformity is perhaps natural to a time of uneasy change
or pervading fear. Especially when so many of our apprehensions are directed
against an ideology, the expression of a dissident idea becomes a thing feared
in itself, and we tend to move against it as against a hostile deed, with
suppression.
And yet suppression is never more dangerous than in such a time of social
tension. Freedom has given the United States the elasticity to endure
strain. Freedom keeps open the path of novel and creative solutions, and
enables change to come by choice. Every silencing of a heresy, every
enforcement of an orthodoxy, diminishes the toughness and resilience of our
society and leaves it the less able to deal with stress.
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Now as always in our history, books are among our greatest instruments of
freedom. They are almost the only means for making generally available ideas I
or manners of expression that can initially command only a small audience.
They are the natural medium for the new idea and the untried voice from which
come the original contributions to social growth. They are essential to the
extended discussion which serious thought requires, and to the accumulation of
knowledge and ideas into organized collections.
FREEDOM TO READ - 1
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0020L -6- I
We believe that free communication is essential to the preservation of a free
society and a creative culture. We believe that these pressures towards
conformity present the danger of limiting the range and variety of inquiry and
expression on which our democracy and our culture depend. We believe that
every American community must jealously guard the freedom to publish and to
circulate, in order to preserve its own freedom to read. We believe that
publishers and librarians have a profound responsibility to give validity to
that freedom to read by making it possible for the readers to choose freely
from a variety of offerings.
The freedom to read is guaranteed by the Constitution. Those with faith in
free men will stand firm on these constitutional guarantees of essential
rights and will exercise the responsibilities that accompany these rights.
We therefore affirm these propositions:
1. It is in the public interest for publishers and librarians to make
available the widest diversity of views and expressions, including those
which are unorthodox or unpopular with the majority. Creative thought is
by definition new, and what is new is different. The bearer of every new
thought is a rebel until his idea is refined and tested. Totalitarian
systems attempt to maintain themselves in power by the ruthless
suppression of any concept which challenges the established orthodoxy.
The power of a democratic system to adapt to change is vastly strengthened
by the freedom of its citizens to choose widely from among conflicting
opinions offered freely to them. To stifle every nonconformist idea at
birth would mark the end of the democratic process. Furthermore, only
through the constant activity of weighing and selecting can the democratic
mind attain the strength demanded by times like these. We need to know
not only what we believe but why we believe it.
2. Publishers and librarians do not need to endorse every idea or
presentation contained in the books they make available. It would
conflict with the public interest for them to establish their own
political, moral and aesthetic views as the sole standard for determining
what books should be published or circulated.
Publishers and librarians serve the educational process by helping to make
available knowledge and ideas required for the growth of the mind and the
increase of learning. They do not foster education by imposing as mentors
the patterns of their own thought. The people should have the freedom to
read_,pLnd consider a broader range of ideas than those that may be held by
any single librarian or publisher or government or church. It is wrong
that what one man can read should be confined to what another thinks
proper.
3. It is contrary to the public interest for publishers or librarians to
determine the acceptability of a book solely on the basis of the personal
history or the political affiliations of the author.
A book should be judged as a book. No art or literature can flourish if
it is to be measured by the political views or private lives of its
creators. No society of free men can flourish which draws up lists of
writers to whom it will not listen, whatever they may have to say.
FREEDOM TO READ - 2
0020L -7-
4. The present laws dealing with obscenity should be vigorously enforced.
t Beyond that, there is no place in our society for extra-legal efforts to
coerce the taste of others, to confine adults to the reading matter deemed
suitable for adolescents, or to inhibit the efforts of writers to achieve
artistic expression.
To some, much of modern literature is shocking. But is not much of life
itself shocking? We cut off literature at the source if we prevent
serious artists from dealing with the stuff of life. Parents and teachers
have a responsibility to prepare the young to meet the diversity of
experiences in life to which they will be exposed, as they have a
responsibility to help them learn to think critically for themselves.
These are affirmative responsibilities, not to be discharged simply by
preventing them from reading works for which they are not yet prepared.
In these matters tastes differ, and taste cannot be legislated; nor can
machinery be devised which will suit the demands of one group without
limiting the freedom of others. We deplore the catering to the immature,
the retarded or the maladjusted taste. But those concerned with freedom
have the responsibility of seeing to it that each individual book or
publication, whatever its contents, price or method of distribution, is
dealt with in accordance with due process of law.
5. It is not in the public interest to force a reader to accept with any book
the prejudgment of a label characterizing the book or author as subversive
or dangerous.
The idea of labeling presupposes the existence of individuals or groups
with wisdom to determine by authority what is good or bad for the
citizen. It presupposes that each individual must be directed in making
up his mind about the ideas he examines. But Americans do not need others
to do their thinking for them.
6. It is the responsibility of publishers and librarians, as guardians of the
people's freedom to read, to contest encroachments upon that freedom by
individuals or groups seeking to impose their own standards or tastes upon
the community at large.
It is inevitable in the give and take of the democratic process that the
political, the moral, or the aesthetic concepts of an individual or group
will occasionally collide with those of another individual or group. In a
free society each individual is free to determine what it will recommend
to i%p freely associated members. But no group has the right to take the
law into its own hands, and to impose its own concept of politics or
morality upon other members of a democratic society. Freedom is no
freedom if it is accorded only to the accepted and the inoffensive.
7. It is the responsibility of publishers and librarians to give full meaning
to the freedom to read by providing books that enrich the quality of
thought and expression. By the exercise of this affirmative
responsibility, bookmen can demonstrate that the answer to a bad book is a
good one, the answer to a bad idea is a good one.
FREEDOM TO READ - 3
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0020L -B-
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The freedom to read is of little consequence when expended on the trivial;
it is frustrated when the reader cannot obtain matter fit for his
purpose. What is needed is not only the absence of restraint, but the
positive provision of opportunity for the people to read the best that has
been thought and said. Books are the major channel by which the
intellectual inheritance is handed down, and the principal means of its
testing and growth. The defense of their freedom and integrity, and the
enlargement of their service to society, requires of all bookmen the
utmost of their faculties, and deserves of all citizens the fullest of
their support.
We state these propositions neither lightly nor as easy generalizations. We
here stake out a lofty claim for the value of books. We do so because we
believe that they are good, possessed of enormous variety and usefulness,
worthy of cherishing and keeping free. We realize that the application of
these propositions may mean the dissemination of ideas and manners of
expression that are repugnant to many persons. We do not state these
propositions in the comfortable belief that what people read is unimportant.
We believe rather that what people read is deeply important that ideas can be
dangerous; but that the suppression of ideas is fatal to a democratic
society. Freedom itself is a dangerous way of life, but it is ours.
Adopted June 25, 1953, by the ALA Council.
Endorsed by:
American Library Association Council, June 25, 1953
American Book Publishers Council, Board of Directors,
June 16, 1953
Subsequently Endorsed by:
American Booksellers Association, Board of Directors
Book Manufacturers' Institute, Board of Directors
National Education Association, Commission for the
Defense of Democracy through Education
FREEDOM TO READ - A
0020L -9-
FREEDOM TO VIEW
The FREEDOM TO VIEW, along with the freedom to speak, to hear, and to read, is
protected by the First Amendment to the Constitution of the United States. In
a free society, there is no-- place for censorship of arty medium of expression.
Therefore, we affirm these principles:
1. It is in the public interest to provide the broadest possible access to
film and other audiovisual materials because they have proven to be among
the most effective means for the communication of ideas. Liberty of
circulation is essential to insure the constitutional guarantee of freedom
of expression.
2. It is in the public interest to provide for our audiences, films and other
audiovisual materials which represent a diversity of views and
expression. Selection of a work does not constitute or imply agreement
with or approval of the content.
3. It is our professional responsibility to resist the constraint of labeling
or pre-judging a film on the basis of the moral, religious, or political
beliefs of the producer or filmmaker or on the basis of controversial
content.
4. It is our professional responsibility to contest vigorously, by all lawful
means, every encroachment upon the public's freedom to view.
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Originally drafted by the Educational Film Library Association's Freedom to
View Committee and adopted by the EFLA Board of Directors in February 1979.
Adopted by American Library Association on June 28, 1979.
Adopted by the Board of Directors of the Association of Educational
Communications and Technology on December 1, 1979.
0020L _10-
IV. RECONSIDERATION OF LIBRARY MATERIALS:
As the Library strives to provide books and other materials for the interest,
information, and enlightment of all people in the community, it is inevitable
that there will be disagreement on the merit of various items. The Library
selection staff is not able to read or review each item before ordering-,
though it utilizes as much as possible recognized review sources. If a patron
or a group objects to any item, they will be furnished with the "Request for
Reconsideration of Library Materials" form (see following) which must be
filled out before reconsideration will be given.
The Library Director will examine the item in question, checking reviews and
determining whether it conforms to the standards as stated in the Selection of
Library Materials. The Library Director will decide whether to withdraw or
restrict the material in question and will write to the complainant giving the
reasons for the decision.
If the complainant wishes to contest the Library Director's decision, the
"Request for Reconsideration of Library Materials" may be presented to the
Library Board for review, by letter or by making prior arrangements to be on
the agenda of a Library Board meeting. The Board will consider the complaint
and the Library Director's recommendations. The Library Board will make its
decision based on the standards as stated in Selection of Library Materials.
0020L -11-
TIGARD PUBLIC LIBRARY 13125 SW Hall Blvd., Tigard, OR 97223
REQUEST FOR RECONSIDERATION OF LIBRARY MATERIALS
Book
Author
Title
Call Number Hardback Paperback
Periodical
Author & Title of Article
Vol. No. Date Pages
Other (Video, Tape, Record)
Title
Call Number
i
Your Name
Address Telephone
You represent:
Yourself
Group/Organization (Name)
1. To what in the above mentioned item do you object? (Please be specific;
cite pages, sections)
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2. What do you believe is the theme and intention of the author of this item?
3. Is there anything good about this item?
4. Did you read or view the entire item? What parts?
5.- Are you aware of the judgment of this item by critics?
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6. How would you answer people who feel that the item should be in the
library? f
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7. What would you like the library to do about this item?
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Signature of Complainant Date
04/BB
0020L -12-
V. GIFTS:
The Library will accept monetary donations and gifts of materials with the
understanding that gifts of materials will be added to the collection only if
they meet the same standards of value required of materials purchased by the
Library. Gift materials not meeting those standards, those that are out of
date, unneeded duplicates of items already owned, or those in a form
unsuitable for Library use, may be given to other organizations, sold,
exchanged, or discarded.
A letter for tax purposes may be sent to the donor if requested at the time
the donation is made acknowledging receipt of the gift only. Whenever a gift
is no longer needed it will be disposed of in the same manner as material
purchased by the Library.
0020L -13-
VI. WITHDRAWALS OF MATERIALS:
The Library maintains an active policy of withdrawals based on the elimination
of outdated material, books no longer needed or of interest as evidenced by
circulation records, unneeded duplicates and worn or mutilated copies.
Frequency of circulation, community interest, and availability of new and more
valuable materials are prime considerations. Materials dealing with the
Pacific Northwest and by local authors will be an exception, as will classics,
award winning books, and books that have received recurrent interest over the
years.
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Withdrawn materials will be disposed of by one of the following means:
a. Gifts to other Libraries
b. Book sales for Friends of the Library
c. Recycling
d. Discard
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VII. PRIVACY OF RECORDS:
Every person has a right to inspect any public record of a public body in this
state except as otherwise expressly provided by ORS 192.501 to 192.505.
Patron registration is a public record and not exempt by ORS 192.500.
Public library circulation records showing the use of specific library
materials by named persons are exempt from disclosure under ORS 192.410 and
ORS 192.500. Such disclosure would clearly constitute an unreasonable
invasion of privacy.
Any problems or conditions relating to the privacy of a patron through the
records of Tigard Public Library which are not provided for in this policy
statement should Le refereed to the Library Director who after study and
consultation with the Library Board and/or Legal Counsel, shall issue a
written decision as to whether to heed the request for information. (Policy
based on "Policy on Confidentiality of Library Records," adopted by the
Council of the American Library Association, January 20, 1971; revised July 4,
1975, by the ALA Council.)
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0020L -15--
VIII. MEETING ROOK! USE:
The Tigard Public Library provides a meeting/study room for library-sponsored
or co-sponsored programs and meetings which meet the Library's civic,
informational, educational, cultural, and recreational service goals. When
not in use for library activities, the meeting/study room is available to
local community organizations and committees under the following guidelines
approved by the Library Board. The Library Board neither approves nor
disapproves of content, topics, subject matter, or points of view of
individuals or groups using the meeting/study room.
1. The room is available for nonprofit, educational, or cultural groups or
individuals who wish to study.
2. Groups may schedule a regular meeting time. Groups with a regularly
scheduled meeting will be notified if a special situation arises and will
be asked to reschedule a certain day to accommodate any special meeting or
event.
3. A group may not charge admission for a meeting or event.
4. Generally, educational or training conferences, workshops, planning
sessions, etc., need not be open to the public and will not be publicized
with library events. Admission fees or collections may not take place,
but registration fees for materials or tuition may be collected in
advance, off the premises.
5. The meeting/study room is available for use during the hours the library
is open. A program or meeting may not continue past the closing hour for
the library. Special arrangements can be made for the use of the room
when the library is closed to the public and library staff is in the
building. The room is not available on days the library is closed and
library staff is not present.
6. Simple refreshments may be served in the meeting/study room, provided the
room is left in the condition in which it was found and users bring their
own utensils and supplies. Notification must be made ahead of time if
refreshments are to be served. The group will be charged for damage
incurred to furnishings or carpet during the meeting. No alcoholic
beverages are allowed on the premises.
7. No smgking is allowed in the library.
8. The Library Board or the City of Tigard is not responsible for accidents,
injury, or loss of individual or group property while using the meeting/
study room.
9. Specific rules governing the use of meeting/study room will be established
and supervised by the Library Director and Library staff.
0020L -16-
IX. EXHIBIT SPACES AND DISTRIBUTION OF MATERIALS:
The Library will post information concerning activities in the community and
public announcements of general interest to the community as space permits.
The following guidelines apply:
a. Nothing may be posted or removed from display areas except by permission
of authorized library staff.
b. Items will remain posted at the discretion of the library staff and
subject to limits of space.
c. Advertising by private commercial enterprises will not be accepted.
Posters and notices with printed price charges may be accepted, such as
lectures, concerts, or other events which will stimulate reading or use of
library materials. Exception: Child care posters will be displayed but
without prices. Notices of a private or "classified" nature will not be
accepted.
d. Persons are strictly forbidden to distribute literature in the library
building, to circulate or post petitions, or to solicit funds for any
purpose.
0020L -17-
X. PROGRAM CRITERIA:
The Tigard Public Library will present programs reflecting community demand as
well as those that are designed to promote usage of the library. As the
community's information resource, the library will use programs as a means to
inform the citizens and to encourage them to use the library. In order to
expand programming and conserve resources, the library will use volunteers and
co-sponsor programs whenever appropriate.
All programs whether library sponsored or co-sponsored will be open to the
public with no admission fee. The qualifications and credentials of those
other than library staff will be evaluated. Objectivity and balance will be
sought in programs dealing with public issues. Attendance may be restricted
because of space and program content, i.e., the presenter can be effective
only with a limited number of people.
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0020L -16-
XI. USE OF THE TIGARD PUBLIC LIBRARY:
The Tigard Public Library has rules of behavior for all of its users. The
rules have a three-fold purpose: to protect the rights and safety of library
patrons, to protect the rights and safety of staff, and to preserve and
protect the library's materials, facilities, and property. The intent of the
policy is to make the library a pleasant and usable facility for all patrons,
which can be achieved with courtesy and thoughtfulness by all.
Definitions and Scope:
A. These rules and regulations shall apply to the building, interior and
exterior, and all grounds of the Tigard Public Library (referred to as the
Premises), and to all persons in or on the Premises.
B. Assault has the meaning provided for it in ORS 163.160 through 165.185.
C. Theft has the meaning provided for it in ORS 164.015.
D. Controlled substance has the meaning provided for it in ORS 167.203(2).
E. Disorderly conduct has the meaning provided for it in ORS 166.025.
F. Harassment has the meaning provided for it in ORS 166.065.
On the premises of the Tigard Public Library, violation of any Federal or
State statute or local ordinance will be regarded as a violation of the
library's rules of behavior. Persons who violate these rules of behavior may
be excluded from the premises.
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0020L -19-
XIII. CHILDREN IN THE LIBRARY:
Philosophy
1. Promote development of life-long users of the library by service,
programming, collection, and facilities.
2. Foster love of books and reading.
3. Support and complement local school program.
Children Left Unattended or Lost
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1. Children under the age of 10 years shall not be left unattended by their
responsible adult guardian (ORS 163.545).
ORS 163.545 Child neglect.
(1) A person having custody or control of a child under 10 years of age
commits the crime of child neglect if, with criminal negligence, the
person leaves the child unattended in or at anyplace for such period of
time as may be likely to endanger the health or welfare of such child.
(2) Child neglect is a Class A misdemeanor. [1971 c.743 §174]
Exceptions are:
a. Library sponsored children's programs where parental attendance not
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0020L -20-
XIV. FREE ACCESS TO LIBRARIES FOR MINORS
C An Interpretation of the Library Bill of Rights
Some library procedures and practices effectively deny minors access to
certain services and materials available to adults. Such procedures and
practices are not in accord with the LIBRARY BILL OF RIGHTS and are opposed by
the American Library Association.
Restrictions take a variety of forms, including, among others, restricted
reading rooms for adult use only, library cards limiting circulation of some
materials to adults only, closed collections for adult use only, and inter-
library loan service for adult use only.
All limitations in minors' access to library materials and services violate
Article V of the LIBRARY BILL OF RIGHTS, which states that, "The rights of an
individual to the use of a library should not be denied or abridged because of
his age..." Limiting access to some services and materials to only adults
abridges the use of libraries for minors. "Use of the library" includes use
of, and access to, all library materials and services.
Restrictions are often initiated under the assumption that certain materials
are "harmful" to minors, or in an effort to avoid controversy with parents who
might think so. The librarian who would restrict the access of minors to
materials and services because of actual or suspected parental objection
should bear in mind that he is not in loco parentis in his position as
librarian. Individual intellectual levels and family backgrounds are
significant factors not accommodated by a uniform policy based upon age.
In today's world, children are exposed to adult life much earlier than in the
past. They read materials and view a variety of media on the adult level at
home and elsewhere. Current emphasis upon early childhood education has also
increased opportunities for young people to learn and to have access to
materials, and has decreased the validity of using chronological age as an
index to the use of libraries. The period of time during which children are
interested in reading materials specifically designed for them grows steadily
shorter, and librarians must recognize and adjust to this change if they wish
to maintain the patronage of young people.
The American Library Association holds that it is the parent-and only the
parent-who may restrict his children-and only his children from access to
library materials and services. The parent who would rather his child did not
have access to certain materials should so advise the child.
The word "age" was incorporated into Article V of the LIBRARY BILL OF RIGHTS
as a direct result of a pre-conference entitled "Intellectual Freedom and the
Teenager," held in San Francisco in June 1967. One recommendation of the
pre-conference participants was, That free access to all books in a library
collection be granted to young people." The pre-conference generally
concluded that young people are entitled to the same access to libraries and
to the materials in libraries as are adults and that materials selection
should not be diluted on that account.
Adopted June 30, 1972; amended July 1, 1981 by the American Library
Association Council.
0020L -21-
XIV. CODE OF ETHICS FOR LIBRARY EMPLOYEES:
Ethics has been defined as that branch of philosophy dealing with values of
human life concerned with conduct or character approved or disapproved in
terms of right and wrong and based on standards or principles which guide a
person in making morally right choices in daily activities.
Every citizen has the right as an individual to take part in public debate or
to engage in social and political activity. The only restrictions on these
activities are those imposed by specified and well publicized laws and
regulations which are generally applicable. However, since personal views and
activities may be interpreted as representative of the institution in which a
staff member is employed, proper precaution should be taken to distinguish
between private actions and those one is authorized to take in the name of the
institution. This statement which follows sets forth the ethical obligations
of individuals as Tigard Public Library staff members.
Staff members have a special responsibility:
To maintain the principles of the ALA Library Bill Of Rights, the Freedom To
Read statement, and the Freedom to View statement.
To learn and execute the policies of the institution of which one is a part
and to express in a positive manner any concern or objections with the
policies, philosophy or programs of that institution.
C To maintain an objective and open attitude of understanding, courtesy, and
concern for the patron needs.
To protect the essential confidential relationship which exists between a
Library user and the Library.
To serve all patrons equally according to their needs.
To make the resources and services of the Library known and easily accessible
to all current and potential users.
s
To carry out those activities assigned under the
policies of the Library in a
spirit of cooperation. E
To avoid.,.any possibility of personal financial gain at the expense of the
employing institution.
To be cognizant of the obligations of employment and of what constitutes abuse
of working conditions and benefits.
To acknowledge the importance of the work done by all staff in all divisions
and maintain a sense of loyalty to and cooperation with fellow staff members.
To carry out assignments so that fellow staff members need not assume added
responsibility except in times of emergency.
To share one's knowledge and expertise with others.
0020L -22-
XV. RELATIONSHIPS AND COOPERATION WITH OTHER LIBRARIES:
The Tigard Public Library supports cooperation with other Libraries to share
resources and other aspects of Library service that benefit from cooperation.
Tigard Library has participated in the Washington County Cooperative Library
Services (WCCLS) since 1975 resulting in great benefit, improvement and growth
for the Library. WCCLS, in turn, participates in a number of regional and
national cooperative services which benefits the Tigard Public Library.
Tigard Public Library recognizes the importance of shared resources to make
every library dollar count since no library can hope to supply every request
every time.
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0020L -23-
=.36.010--2.36.036
Chapter 2.36
PUBLIC LIBRARY-
Sections:
2.36.010 Title.
2.36.020 Established.
2.36.030 Board--Established--Ter.:--Appointment--
Meetings--Officers.
2.36.040 Board--Responsibilities.
2.36.050 Donated funds.
2.36.060 Fees.
2.36.010 Title. The ordinance codified in this
chapter shall be known and may be cited as "The City of
Tigard Library Ordinance." (Ord. 72-30 §1, 1972).
2.36.020 Established. A public library is established
in and for the city of Tigard, Oregon. (Ord. 72-30 §2,
1972).
2.36.030 Board --Established --Term--Appointment--
Meetincrs=-Officers. (a) Established. :here is established
a librarv board of seven members, six of whom shall be
( residents of the city and one of whom may reside within or
outside the Tigard corporate limits.
(b) Term.
(1) The terms of the members presently serving on
the library board shall terminate according to the following
schedule:
Mary Slemmons, June 30, 1978;
Don Jacobs, June 30, 1978;
New Member, June 30, 1979;
New Member, June 30, 1979;
Yvonne Burgess, June 30, 1980;
Jeri Cundiff, June 30, 1980;
Betsy Chick, June 31, 1981.
(2) At the expiration of the tern. of any member of
the librarv board, the mayor, subject =o confirmation by the
city council, shall appoint a person to a four-year term.
If a vacancy occurs for any reason other than expiration of-
a term,
* For statutory provisions enabling a city to establish,
equip and maintain a free library, see ORS 357.410.
27-1 (Tigard 9/85)
i
2.36 .046
the mayor, subject to confirmation by =he city council,
shall appoint a new member to serve for the duration of the
unexpired term.
(3) No person may serve more than two full consecu-
tive terms on the library board, notwithstanding prior
appointment to an unexpired term. After a one-year interval,
a former member who had served two terms may be reappointed.
(4) Members of the library board shall receive no i
compensation.
(c) Meetings. The library board shall meet at least
six times a year and every meeting of the board shall be
publicized in advance and shall be open to the public.
(d) Officers. The library board shall, at its first
meeting after July 1, 1977, and at least annually thereafter
elect a chairman and a chairman pro tem. The chairman shall
preside over the meetings of the board. The head librarian,
or his authorized designee, shall serve as secretary to the
library board and shall keep accurate records of all board
meetings which records shall be made available to the city
administrator, city council and interested public upon re-
quest. (Ord. 84-35 SS1, 2, 1984: Ord. 77-57 §l, 1977: Ord.
72-30 53, 1972).
2.36.040 Board--Responsibilities. The-library board
shall have the following responsibilities: •
(1) To advise the city administrator and city council of
findings and concerns relating to the management, control and
operation of city library facilities;
(2) To formulate for recommendation to the city council,
rules, regulations and policies as deemed desirable for the
governance, maintenance of order, safety, operation and utili-
zation of library facilities and to monitor the application
of all adopted rules, regulations and policies;
(3) To monitor the operation of the library for the
purpose of identifying any deficiencies in the level of ser-
vice being provided to the public and to recommend to the
city administrator and city council appropriate remedial actions
where deficiencies are found to exist;
(4) To make recommendations to the budget officer re-
garding financial needs of the library during the preparation
of the annual budget;
(5) To encourage and support active volunteerism in sup-
port of the use and improvement of the library facilities;
(6) To ascertain the library needs of the community and .
to present to the city council. evaluations and recommendations
regarding needs and desires as expressed by library patrons;-
(7) To perform such other duties and to provide such
other advice as the council may request from time to time in
furtherance of the goal of providing the best library service
28 (Tigard 9/84)
2.36.050--2.40.020
to the public as is possible under t:ze constraints of avail-
able revenue, space, manpower and other public resources.
(Ord. 77-57 52, 1977: Ord. 72-30 54, 1972).
2.36.050 Donated funds. All funds donated to the city
for library purposes shall be subject to the same rules,
regulations and expenditure control as applicable to appro-
priated funds; provided, however, that such donated funds
shall be accounted for under the cap-ion of "public library
donations," and such funds. shall be subject to expenditure
only for the purposes for which donated, except that funds
received from donors without specific limitations as to use
may be used for general library purposes. (Ord. 72-30 55,
1972).
2.36.060 Fees. (a) Users and patrons who reside in
or have their business in the city 1?raits of Tigard shall
not be required to pay a library privilege fee, but shall be
liable to pay such fines or late charges as may be pre-
scribed by resolution of.the council.
(b) All fees and charges received shall be accounted
for as general fund receipts under the heading of "public
library." (Ord. 84-35 §3, 1984: Ord. 76-55 §1, 1976: Ord.
72-30 56, 1972).
Chapter 2.40
NOMINATING PROCEDURE
Sections:
2.40.010 Petition--Form.
2.40.020 Nomination acceptance--Form--Furnished by
city recorder.
2.40.030 Filing dates--Mayor.
2.40.040 Filing dates--City council.
2.40.050 Filing dates--Extension in case of weekend
_ or holiday.
2.40.010 Petition--Form. The form of nominating peti-
tion for all candidates for elective positions within the
city shall substantially conform to the form designated.by
the Secretary of State. (Ord. 86-05 51, 1986: Ord. 64-19
S1, 1964).
2.40.020 Nomination acceptance--Form--Furnished by
city recorder.* The city recorder is. authorized and directed
* Exhibit A is on file in the city recorder's office.
29 (Tigard 8/15/86)
I
c,
i
L t
CITY OF TIGARD, OREGON
2c i
ORDINANCE NO. 84_x_
i
AN ORDINANCE AMENDING CHAPTER 2.36, PUBLIC LIBRARY, OF THE TIGARD MUNICIPAL
CODE AND DECLARING AN EMERGENCY.
WHEREAS, the City Council wishes to limit the number of 'out-of-City' members
on the Library Board to give the citizens -of Tigard a greater voice in the
operation of the Library; and f~
WHEREAS, the Council desires to bring the Tigard Municipal Code into #
conformance with the Oregon Revised Statutes by amending the terms of t
reappointment to the Library Board; and
WHEREAS, the Council further determines that it is in the best interest of the
citizens of Tigard that those residents inside the City limits of Tigard not
be assessed any library privilege fees; and
WHEREAS, the Council finds that with the failure of the City tax base and the '
uncertainty of the Washington County Cooperative Library Services (WCCLS)
funding, the fiscal condition of the Library is extreme and therefore these
changes need to be made immediately to ensure a full board consideration and
assessment of the needs of the Tigard Public Library.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: Section 2.36.030(a) of the Tigard Municipal Code be amended as r
follows (bracketed items are to be deleted and underlined items are to be
added to the code): }
i
t
"2.36.030 Board Established Term Appointment --.Meetings
Officers. (a) Established. There is established a library board of
seven members, [five] six of whom shall be residents of the City and
[two] one of whom may reside within or outside the Tigard corporate
limits."
Section Z Section 2.36.030(b)(3) of the Tigard Municipal Code be amended as C
follows (bracketed items are to be deleted and underlined items are to be E
added to the code):
"2.36.030(b)(3) No person may serve more than two full consecutive terms
on the library board not withstanding prior appointment to an unexpired j
term. After a one-year interval, a former member who had served two
terms may be reappointed. [Terms served or commenced before July 1,
1977, shall be counted toward the two-term limitation imposed by this
section.]"
PAGE 1
ORDINANCE NO. 84-35
Section 3: Section 2.36.060 (a) of the Tigard Municipal Code be amended as
follows (bracketed items are to be deleted and underlined items are to be
added to the code):
"2.36.060 (a) Users and patrons who reside or have-their business in
[Washington county) the city limits of Tigard shall not be required to
pay a library privilege fee, but shall be liable to pay such fines or
late charges as may be prescribed by resolution of the council."
Section 4: Inasmuch as it is necessary for the peace, health, safety and
welfare of the people of the City of Tigard that the foregoing amendments to
the Tigard Municipal Code become effective immediately since the fiscal
condition of the Library is extreme and full board consideration and
assessment of the needs of the library are necessary, an emergency is hereby
declared to exist, and this ordinance shall become effective upon its passage
by the Council, and approval by the Mayor.
PASSED: By kyy,n;,, ,5"_S vote of all Council members present after
being read by number and title only, this day of ,
1984.
eputy City Recorder - City of Tigard
APPROVED: This day of -,J-" , Q. .1984.
City of Tigard
i
I
I
PAGE 2
ORDINANCE NO. 84
CITY OF TIGARD, OREGON
ORDINANCE No.72- o L)
AN ORDINANCE ESTABLISHING A PUBLIC LIBRARY; PROVIDING FOR THE
APPOINTMENT OF A LIBRARY BOARD; PRESCRIBING FEES FOR THE USE THEREOF;
REPEALING ORDINANCE No.63-16, AND PRESCRIBING EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: Title.
This ordinance shall be known and may be cited as: "The
City of Tigard Library Ordinance.".
Section 2: Public Library Established.
A public library is hereby established in and for the
City of Tigard, Oregon.
Section 3: Library Board.
There is hereby established a Library Board of five (5)
members. The present members of the Library Board appointed pursuant
to Ordinance No. 63-16 shall continue in office for the balance of
their terms.
Term: The term of office of Library Board members shall begin
January 1, and the term of office shall be four (4) years, or.until
a successor is appointed.
ADDointment: Candidates for appointment to the Library Board
shall be proposed by recommendation of the current Library Board
membership. Not to exceed two (2) members of the Board may reside
outside the corporate 11mites of theCity.
Board members shall receive no compensation.
At the expiration of the term of any member of the
Library Board, the Mayor, subject to confirmation by the City Council,
shall appoint a new member for a term of four years. If a vacancy
occurs for any reason other than expiration of term, the Mayor, sub-
ject to confirmation by the Council, shall appoint a new member to
serve for the unexpired term.
Officers: The Library Board shall, at its first meeting after
the effective date of this ordinance, elect a president and vice-
president, who shall hold office during the pleasure of the Board;
and the Board shall elect a secretary who need not be a member of the
Board, and the secretary shall keep accurate records of all Board
meetings.
Section 4: Duties and Power.
The City Library Board shall have the duty and power to
advise the City Administrator and the City Council with respect to
the management, control and operation of the library facilities within
the City and shall recommend such rules and regulations as necessary
for the maintenance of order, safety and utilization of such facili-
ties, and make recommendations concerning expenditure of such funds
as shall be appropriated by the City Council for public library pur-
poses and programs.
Page 1 - Ordinance No-72-,Je)_
"Library Ordinance"
Section 5: Donated Funds.
All funds donated to the City for library purposes shall
be subject to the same rules, regulations and expenditure control as
applicable to appropriated funds; provided, however, that such donated
funds shall be accounted for under the caption of "Public Library
Donations", and such funds shall be subject to expenditure only for
the purposes for which donated, except that funds received from donors
without specific limitations as to use, may be used for general
library purposes.
Section 6• Fees.
-reorder to partially defray the cost of maintenance and
operation of the library facilities by the City, the Council shall by
resolution from time to time fix a reasonable fee to be collected by
the Librarian from all persons non-resident in the City who apply for
library privileges.
The charge to be in effect at the time of adoption of
this ordinance is the sum of $2.00 per year for non-residents.
Residents of the City shall not be required to pay a
library fee but shall be liable to pay such fines or late charges as
may be prescribed by resolution of the Council.
All fees and charges received for library services shall
be accounted for as general fund receipts under the heading of "Public
Library".
Section 7: Re aaler.
Ordinance No. 63-16 adopted by the City Council on the
28th day of October, 1963, be, and the same is, hereby repealed
effective with the effective date of. this ordinance. l
Section 8: Effective Date:
This ordinance shall become effective on a nd after the
31st day after its passage by the Council and approval by the Mayor.
PASSED: By unanimous vote of all Council members present after
being bead three times by number and title only,
this 27th day of March,1972•
;-14.
-.:,a° - Recor - Ci y f and
APPROVED: By the Mayor, this 27th day of March, 1972•
r - C ty T Bard
t•
Page 2 - ORDINANCE No•72 ja_
4
"Library Ordinance"
Chapter 357
1987 REPLACEMENT PART
Libraries and Archives
STATE LIBRARY INTERSTATE LIBRARY COMPACT
+ (Policy) 387.330 Definitions for ORS 357.330 to 357.370
357.001 Legislative findings 357.340 Interstate Library Compact
357.003 Policy 357.350 Library compact administrator; deputy;
library agreements to be submitted to State
Librarian
(State Library)
357.005 State Library duties; free book loans 367.380 Compliance with laws on taxes and bonds
required
357.007 Location of State Library 357.370 Duty of compact administrator upon with-
drawal from compact
(Trustees)
357.010 Trustees of State Library PUBLIC LIBRARIES
357.015 Functions of trustees 357.400 Definitions for ORS 387.400 to 357.621
357.031 Authority of trustees 357.410 Authority of local government units for
387.035 Trustees as agency to apply for federal or public libraries
private funds 357.417 Methods of establishing public library by
357.040 Authority of trustees over real and personal local government unit
property 357.430 Methods of financing public library by local
government unit
(State Librarian) 357.435 Local government required to file plan with
State Library
357.050 Duties of State Librarian as secretary and 357.460 Financial interest of public library board
administrator and appointive body; compensation
357.071 General duties of State Librarian 357.465 Public library board
r
• (Finances) ' 387.470 Board organization; name of library
357.195 State Library Donation Fund 387.490 Library board general powers
357.200 Miscellaneous Receipts Account 387.520 Annual report
357.525 Election to authorize serial levy
LIBRARY DISTRICTS 357.610 Conformity to ORS 357.400 to 357.621 by
357.218 Definitions for ORS 357.216 to 357.288 libraries organized prior to enactment of
those statutes; effect on executed library {
357.221 District formation; petition requirements contracts
357.223 Multicounty district formation; procedure 357.621 Public hearings required prior to abolish- ,
357.226 District board members; appointment of ing or withdrawing support from public
librarian library
357.231 Number of board members. terms FINANCIAL ASSISTANCE FOR PUBLIC LIBRARY 1
357.233 Election laws applicable SERVICES
357.236 Election of board members; vacancy 357.740 State grants to local units of government;
357.241 Method of electing board members purposes
357.246 Change in method of electing board mem- 357.750 Applications for grants; uses of grant mon-
bers eys
357.251 Zone boundaries 357.760 State library trustees to administer ORS
357.256 Board as district governing body; selection 357.740 to 357.780
of president 357.770 Grant eligibility based on maintenance of
357.261 District as municipal corporation; powers local support
357.266 Financing district activities; limitation on 357.780 Grants for public library services
assessment
357.271 Sinking funds for acquisition of facilities; STATE ARCHIVIST
limitation on use of funds 357.805 Definitions for ORS 357.805 to 357.895
357.276 Deposit and disbursement of district funds 357.815 State Archivist
357.281 Legal assistance 357.825 Acquisition and custody of public records
357.286 Retirement system for employes 357.835 't'ransfer of noncurrent
public records to
State Archivist
797
367.370- EDUCATION AND CULTURAL FACILITIES
levy a tax or issue bonds to contribute to the (6) Levy annually and cause to be collected,
construction or maintenance of such a library, as other general taxes are collected, a tax upon the
except after compliance with any laws applicable taxable property in the local government unit to
to public libraries relating to or governing the provide a library fund to be used exclusively to
levying of taxes or the issuance of bonds. 11965 maintain such library.
c.354 §4; 1975 c.476 §331 (7) Levy and cause to be collected, as other
357.370 Duty of compact admin- taxes are collected, a special tax upon the taxable
istrator upon withdrawal from compact. In property in the local government unit, or contract
the event of withdrawal from the compact the bonded indebtedness under the provisions of
compact administrator shall send and receive any ORS chapter 287 to provide a public library
notices required by Article XI (b) of the compact. building fund to be used exclusively for the pur-
(1965 c.354 §51 chase of real property for public library purposes
and for the erection and equipping of public
PUBLIC LIBRARIES library buildings including branch library build-
357.400 Definitions for ORS 357.400 ings.
to 357.621. As used in ORS 357.400 to 357.621: (8) Levy or impose such other taxes as may be
(1) "Governing body" means the board, com- authorized to the unit by city charter or the
charter
mission, council or other body which governs the of a home-rule county. [Amended 1955
local government unit. c.432 §1961 c.251 §8; 1965 c.354 §7; 1975 c.112 §1 ; 1975
c.476 § 17]
(2) "Local government unit" means any city, 357.415 11955 c.432 §3; repealed by 1975 c.476 §341
county, library service district established under
ORS chapter 451, school district, community 357.417 Methods of establishing public
college district or a library district established library by local government unit. (1) A
under ORS 357.216 to 357.286. public library may be established by a local gov-
(3) "Public library" or "public library system" ernment unit by any of the following ways:
means a public agency responsible for providing (a) The governing body may pass and enter
and making accessible to all residents of a local upon its minutes a resolution or ordinance to the
government unit library and information services effect that a public library is established under
suitable to persons of all ages. 1195.5 c.432 §2; 197-5 the provisions of ORS 357.400 to 357.621.
c.476 §16; 1981 c.226 §17; 1983 c.740 §1191 (b) When a petition requesting an election on
357.410 Authority of local government the question of establishing and supporting a
units for public libraries. Any local govern- Public library is filed as provided in this section,
ment unit may: the governing body shall make and enter an order
(1) Establish, equip and maintain a public for an election requesting approval by the electors
library. of the establishment and support of a public
library.
(2) Contract with an established public (c) Upon its own motion, the governing body
library or with a private society or corporation may make and enter an order for an election
owning and controlling a secular or nonsectarian requesting approval by the electors of the estab-
-
library for the purpose of providing free use of the requesting
and support of a public library.
library for the residents of the local government lishment unit, under such terms and conditions as may be (2) Except as provided in subsection (3) of
agreed upon. this section, the requirements for preparing, cir-
(3) Contract with one or more units of local culating and filing a petition under this section
government or library boards pursuant to ORS shall be as provided for an initiative petition:
190.003 to 190.620 to provide jointly a public (a) In the case of a county, in ORS 250.165 to
library or public library service or share in the use 250.235.
of facilities, under such terms and conditions as (b) In the case of a city, in ORS 250.265 to
may be agreed upon. 250.346.
(4) Enter into an interstate library agreement (c) In the case of any other local government
pursuant to Article VI of the Interstate Library unit, in ORS 255.135 to 255.205.
Compact (ORS 357.340). (3) If ORS 250.155 makes ORS 250.165 to
(5) Contract with the Trustees of the State 250.235 inapplicable to a county or if ORS
Library for assistance in establishing, improving 250.255 makes ORS 250.265 to 250.346 inap-
or extending public library service. plicable to a city, the requirements for preparing,
808
1
1 LIBRARIES AND ARCHIVES 357.490
circulating and filing a petition under this section (2) Board members may be reimbursed for
i shall be as provided for an initiative petition expenses incurred in the performance of their
under the county or city charter or an ordinance duties. [Amended by 1975 7.112 §4; 1975 7.476 §221
adopted under the county or city charter. 367.466 Public library board. (1) Each
(4) Elections held under this section shall be public library established under ORS 357.417
held on a date specified in ORS 255.345. 1Formerly shall be governed by a library board unless some
357.451: 1981 7.909 §10: 1983 c.350 §2241 other method is specified in the charter, ordi-
nance or resolution establishing the library.
357.420 [Amended by 1955 c.432 §6; repealed by 1975
c.476 6341 (2) Upon resolution, ordinance or election
367.430 Methods of financing public pursuant to ORS 357.417, the governing body
library by local government unit. If a gov- may appoint a library board. The library board of
ernin body acts under ORS 357.417 (i) (a) or (c), a city, county or county service district, as deter-
g Y mined by the governing body, shall consist of not
its order shall state the manner in which the local less than five members nor more than nine mem-
government unit proposes to finance the library, bers. In the case of a school district or community
including the estimated amount of any annual tax college district, such board shall consist of five,
levy necessary to provide for the library. If the seven or more members at the discretion of the
governing body determines that financing may be governing body.
i had only through a serial levy to be submitted to
the electors pursuant to ORS 357.525, the order (3) If the board will consist of five members,
I shall so state. The notice, time and manner of one member shall initially hold office for one
year, one for two years, one for three years and
election shall be governed by the applicable provi-
sions of ORS chapters 255 and 310. [Amended by two for four years, from July 1 in the year of their
i
1955 7.432 §7;1961 7.251 §9; 1975 7.476 § 19:1983 350 §22s1 appointment. If the board will consist. of seven r
members, one member shall initially hold office
367.435 Local government required to for one year, two for two years, two for three
file plan with State Library. Any local gov- years, and two for four years, from July 1 in the
ernment unit acting under ORS 357.417 shall year of their appointment. If the board will con-
notify in writing the State Library of its plan for sist of six members or more than seven members,
establishing a public library. The State Library the members first appointed shall hold office for
shall respond in writing within 30 days, com- such terms as will achieve the staggered term base [
menting on the plan for establishing the library established for smaller boards by this section. E
J and on its relationship to the long-range plans for Succeeding appointees shall hold office for a term
the state-wide development and coordination of of four years from July 1 in the year of their.
library services. The State Library's advice or appointment. At the expiration of the term of any R
I comment is not binding upon the local govern- member of such board, the governing body shall
{ ment unit, and if no such advice or comment is appoint a new member or may reappoint a mem-
received within 30 days of the request, the local ber for a term of four years. If a vacancy occurs, t
government unit may act without further delay. the governing body shall appoint a new member
1Fortnerly 357.6401 for the unexpired term. No person shall hold
3571.440 [Repealed by 1975 7.476 §:341 appointment as a member for more than two full
1
I 357.446 [Amended by 1955 c.432 §8: repealed by 1975 consecutive terms, but any person may be x476 .34 [ appointed again to the board after an interval of {
•
i
357.450 (Repealed by 1961 c.YS1 §111 Gi57.451 enacted one year. [1955 7.432 §4; 1961 7.251 §12; 1975 7.476 §21;
1983 c.l08 §11
in lieu of:157.450)] 357.470 Board organization; name of
357.451 [1961 7.251 (enacted is lieu of :157.450): library. After appointment, the public library
1975c.112 §2; 1975 7.476 §18: : r ettuntherect :157.41 [ board shall meet and organize by the election of a
357.455 [1961 c.251 § 14: 1975 1.112 43: 197.5 c.476 chairman from among its members. The librarian
§26: renumbered 357.52:il
shall serve as secretary to the board and keep the
4 357.460 Financial interest of public record of its actions. [Amended by 1955 7.432 §9; 1975
library board and appointive body; com- 7.112 §5; 1975 7.476 §231
1 pensation. (1) No member of any public library 357.480 [Amended by 1955 7.432 110; 1975 7.112 §6;
board or the body appointing such board shall repealed by 1975 c.476 §341
have any financial interest, either directly or 357.490 Library board general
indirectly, in any contract to which the library is powers. In the ordinance or resolution estab.
a party, nor shall receive a salary or any payment lishing the library, the governing body shall
l for material or for services rendered the board. determine the library board's responsibility for:
809
1
357.520 EDUCATION AND CULTURAL FACILITIES
(1) Appointment of the librarian and staff, ing, circulating and filing a petition under this
fixing their compensation, determining their section shall be as provided for a1;1 initiative
working conditions and prescribing their duties. petition:
(2) Formulating rules and policies for the (a) In the case of a county, in ORS 250.165 to
governance of the library. 250.235.
(3) Preparing and submitting an annual (b) In the case of a city, in ORS 250.265 to
budget request. 250.346.
(4) Approving, or delegating to the librarian (c) In the case of any other local government
the responsibility for approving, all expenditures unit. in ORS 255.135 to 255.205.
from the library fund or the public library build- (4) If ORS 250.265 to 250.346 applies to a
ing fund. city, then notwithstanding ORS 250.325, the city
(5) Acceptance, use or expenditure of any real governing body shall submit the serial levy ques-
or personal property or funds donated to the tion to the electors without first considering its
library, or purchase, control or disposal of real adoption or rejection.
and personal property necessary for the purposes (5) If ORS 250.155 makes ORS 250.165 to
of the library, except that each donation shall be 250.235 inapplicable to a county or if ORS
administered in accordance with its terms, and all 250.255 makes ORS 250.265 to 250.346 inap-
t property or funds shall be held in the name of the plicable to a city, the requirements for preparing,
governing body. circulating and filing a petition under this section
(6) Selection of sites for public library build- shall be as provided for an initiative petition
ings or for location of library facilities. under the county or city charter or an ordinance
(7) Entering into contracts. adopted under the county or city charter.
(8) Such other activities as the governing (6) The notice, time and manner of election
body may assign. [Amended by 1955 c.432 311: 1961 c.251 shall be governed by the applicable provisions of
§15; 1965 c.354 §8; 1967 c.67 §19; 1975 c.112 §7-.1975 c.476 ORS 310.330 to 310.395 and:
§241 (a) In the case of a county or city, ORS
357.500 [Amended by 1955 c.432 §12; repealed by chapters 246 to 260.
1975 c.476 §341 (b) In the case of any other local government
357.510 [Repealed by 1975 c.476 §341 unit, ORS chapter 255.
357.520 Annual report. Each public (7) Upon approval by a majority of the elec-
library established under ORS 357.417 shall make tors voting at the election, the taxing unit shall
an annual report to the State Library and to the levy each year during the approved period the
governing body on a form supplied by the State amount so approved. The tax levy proceeds shall
Library. (Amended by 1965 c-354 §9;1975 c.476 §251 be handled as provided by ORS 357.410 or
357.430, or as otherwise provided by law. [Formerly
357.525 Election to authorize serial 3.57.455:1983 c.350 §2261
levy. (1) A serial levy for any of the purposes 357.530 [Amended by 1953 c.238 §1; 1955 c.432 §13;
stated in ORS 357.410, 357.417 or 357.490 shall 1975 c.112 §8: repealed by 1975 c.476 §341
-
be submitted at an election as provided in this 357.540 (Amended by 1961 c.251 §16; 1975 c.112 §9;
section. The governing body of the local govern-
ment unit: repealed by 1975 c.476 §341
(a) May order the election on its own resolu- 357.545 [1955 c.432 §15; repealed by 1975 c.476 §34]
tion' or 357.550 [Amended by 1955 c.432 §16; 1961 c.251 §17;
repealed by 1975 c.476 §34]
(b) Shall order the election when a petition is
filed as provided in this section 357.560 (Amended by 1955 c.432 §17; repealed by
.
1975 c.476 §34)
(2) The resolution or the petition calling the 357.570 (Amended by 1955 c.432 §18; repealed by
election under this section shall state the purpose 1967 c.67 §20 (enacted in lieu of 357.570)]
for which the funds are to be expended, the period 357.571 (1967 c.67 §21; repealed by 1975 c.476 §341
during which the proposed taxes are to be levied
and the amount to be levied each year, which 357.580 [Amended by 1955c.432 §19:1965c.354 §10;
amount shall be uniform throughout the period of repealed by 1975 c.476 §34]
levy. 357.500 [Repealed by 1975 c.476 §34]
(3) Except as provided in subsections (4) and 357.600 (Amended by 1965 c.354 §11; 1967 c.67 §22;
(5) of this section, the requirements for prepar- repealed by 1975 c.476 §341
810
i
~ i
LIBRARIES AND ARCHIVES 357.770
I
357.610 Conformity to ORS 357.400 to 357.705 [1957 c.358 §1; 1959 c.112 §1; 1975 c.476 §3;
357.621 by libraries organized prior to renumbered 357.0031
enactment of those statutes; effect on 357.710 (Repealed by 1953c.136 §41
executed library contracts. (1) Libraries 367.715 [1957 c.358 §§2, 3; 1959 c.112 §2; 1961 c.251
organized under Oregon laws prior to September §18; repealed by 1975 c.476 $341
13, 1975, are continued, and may have their 357.720 [Repealed by 1957c.136 §41
I organizations changed so as to conform to ORS
357.001 to 357.200, 357.330, 357.360, 357.400 to 367.721 [1959 c.265 §3; repealed by 1961 c.198 $4]
i 357.621, 357.975 and 357.990 by resolution of the 357.725 [1957 c.358 §§4,5; repealed by 1959 c.112 §4]
governing body of the local government unit 357.730 [1957 c.358 §6; 1959 c.112 §3;1961 c.251 §19;
which established the library. The resolution repealed by 1975 c.476 §34]
shalt outline the procedure necessary to be taken
for such change. FINANCIAL ASSISTANCE FOR PUBLIC
(2) Nothing contained in ORS 357.001 to LIBRARY SERVICES 4
i 357.200, 357.330, 357.360, 357.400 to 357.621, 357.740 State grants to local units of
357.975 and 357.990 shall affect nor change the government; purposes. The state shall pro-
terms of any library contract executed prior to
September 13, 1975. However, by mutual con- vide financial assistance for public library service
to public libraries established pursuant to law E'
sent, the parties to the contract may amend the from funds specifically appropriated therefor by 4.
contract so as to make it conform to all or any of annual grants to units of local government. The
the provisions of ORS 357.001 to 357.200, grants shall be expended to:
357.330, 357.360, 357.400 to 357.621, 357.975 and
357.990. [Amended by 1975 c.476 §271 (1) Broaden access to existing information
resources by strengthening public libraries and
357.820 [Repealed by 1975 c.476 §28 (357.621 enacted encouraging cooperation among units of local
in lieu of 357.620)]
government and among public, private, school
357.621 Public hearings required prior and academic libraries;
to abolishing or withdrawing support from (2) Extend public library services to persons
public library. No governing body which has not served by local public libraries; and
established a public library under the laws of this
state shall abolish or withdraw support for such (3) Permit new services and new types of
library without first holding at least two public services as local need therefor is determined. 11977
hearings on the matter at least 90 days apart. The c.291 §11
governing body shall give public notice of the 357.750 Applications for grants; use
public hearing in a newspaper of general circula- of grant moneys. Units of local governme
tion in the area for two successive weeks at least and counties may apply for annual establishmel
30 days prior to the first hearing. [1975 c.476 §29 and development grants. The grants may be made
(enacted in lieu of 357.620)) from funds specifically appropriated therefor and '
357.625 [1955 c.432 §23; repealed by 1975 c.476 §34j are to be used to establish, develop or improve k
357.630 [Amended by 1955 c.432 920: repealed by public library services. [1977 c.291 §2]
1975 c.476 §341 357.760 State library trustees to
357.640 [Amended by 1955 c.432 §21:1965 c.354 412 : administer ORS 357.740 to 357.730. The }
Trustees of the State Library shall administer the
1975 c.112 §10; 1975 c.476 §20; renumbered 357.4:351 provisions of ORS 357.740 to 357.780 and shall;
357.650 [Repealed by 1953 c.136 §41 adopt rules governing the application for and
357.655 11971 c.676 §1; repealed by 1975 c.476 §341 granting of funds under ORS 357.740 to 357.780.
357.660 [Repealed by 1953 c.136 §41 [1977 c.291 §31 i
357.665 [1971 c.676 §2: repealed by 197; c.476 MI 357.770 Grant elig;bility based on
357.670 [Repealed by 1953 c.136 §41 maintenance of local support. In order to be
eligible for state financial assistance for any year
357.675 [1971 c.676 §3; repealed by 1975 c.476 §341 for which assistance is sought, a unit of local
357.680 (Repealed by 1953 c.136 §41 government must not reduce its actual operating
357.685 11971 c.676 §§4. 5; repealed by 1975 c.476 expenditures for public library service, exclusive
§341 of short-term special funding, in any fiscal year to
less than the leaser amount expended for the same
357.890 [Repealed by 1953 c.136 §4j purpose in either of the preceding two fiscal
357.700 [Repealed by 1933 c.136 §41 years. 11977 c.291 §5; 1985 c.257 §1]
r
811
i
I
,
357:780 EDUCATION AND CULTURAL FACILITIES
357.780 Grants for public library serv- (4) The state shall distribute 20 percent of
ices. (1) Moneys to be disbursed under this the funds specifically appropriated by the Legis-
section shall be appropriated based on the esti- lative Assembly for public library services on an i
mated total population of the state. For those area basis. 11979 c.835 §2; 1985 c.257 §2; 1987 c.92 §5l
areas of the state not served by local public
libraries, the moneys available shall be retained STATE ARCHIVIST i
by the State Library. A unit of local government 357.805 Definitions for ORS 357.805
which begins providing library service to pre-
viously unserved population shall be eligible for unless the context requires otherwise,
per capita grants from the moneys appropriated „
to the State Library for purposes of this section. Photocopy, "political subdivision, public
Upon satisfactory application therefor, the record," "public writing. and estate agency" are I
J
Trustees of the State Library shall cause the defined by ORS 192.005. (Formerly 3,58.0051
appropriate amount to be paid to the unit of local 357.810 (lienumbered 357.9551
government. 357.815 State Archivist. The office of
(2) Subject to subsection (3) of this section, State Archivist hereby is created. It shall be
the state shall distribute 80 percent of the funds under the control and supervision of the Secre-
specifically appropriated by the Legislative tary of State, who shall, subject to any applicable
Assembly as per capita grants for public library provisions of the State Personnel Relations Law,
services in the following manner to assure the appoint and fix the compensation of the archivist
same population shall not be counted more than and such assistants as may be necessary. No
once: person who has not had at least five years' experi-
(a) There shall be paid to each county that is ence as an archivist shall be eligible for the office j
of State Archivist. [Formerly 358.010; 1973 c.439 §31
the sole provider of public library services to all 357.820 111enumbered 357.9651
persons in a county, or to each special library
district that is the sole provider of public library 357.825 Acquisition and custody of
services in a county, a per capita amount for each public records. The State Archivist may nego-
person residing in the county. tiate for, acquire and receive public records, writ-
ings and illustrative materials of value or interest h,
(b) Where public library services are provided
is ministrative stresearch purposes.
for legal, a unit of local government having jurisdiction The State administrative
in more than one county, there shall be paid to constituted official Gusto-
that unit a per capita amount for each person dian of all such records, writings or materials
residing therein, deposited in, acquired for, or transferred upon
requisition by the State Archivist to the custody
(c) Where public library services are not of the State Archivist for the state archives. 1
provided as described in paragraph (a) or (b) of [Formerly 358.0201
this subsection, but by a unit of local government 357.830 (lienumbered 357.9751
having jurisdiction less than county wide, there
shall be paid to the unit a per capita amount. for 357.835 Transfer of noncurrent public
persons residing therein. records to State Archivist. (1) Except as
(d) Where public library services are provided otherwise provided by law, when the State Archi- -
by both a unit of local government having juris- vist has determined that noncurrent public
diction within the boundaries of a larger unit of records are stored under conditions where they
local government and the larger unit of local are no longer available for use or which are
government, there shall be paid to the smaller dangerous to the safety and protection of the
unit a per capita amount for each person residing records, or where no safe storage is available, all
such noncurrent public records or writings as the l
in that unit and to the larger unit a per capita State Archivist may requisition as being of value
amount for each person residing outside the or interest for the purposes mentioned in ORS
smaller unit but within the larger unit. 357.825 shall be transferred to the official custody
. (3) If the moneys specifically available for per of the State Archivist. For the purposes of this
capita grants under this section are insufficient to subsection, "noncurrent public records or writ- I
make the full allocation for all grants, the grant to ings" are those which no longer are required to be
each eligible applicant shall be allocated accord- retained for discharge of the duties of the official
ing to the ratio that the total amount of funds custodian thereof.
available bears to the total amount that would be (2) If a state agency is abolished or ceases to
required to pay in full all grants. operate, its public records and writings shall be
( 812
i
1
MEMORANDUM
CITY OF TIGARD, OREGON
i
TO: Ed Murphy November 7, 1988
1
FROM: Cliff Scott
i
SUBJECT: Bus Stop Shelters E
s
1
i
Presently there are eight shelters within the City limits of Tigard.
Of those eight, four are located along Main street in the downtown
area. The other four shelters are located in various areas i
throughout the City.
Presently the Parks crew are doing trash pickup at the four downtown
shelters three days a week. The City provides the trash cans and
liners, no sweeping or other cleaning is done.
F
The material cost is about $50.00 a year for trash cans, and $35.00
for the liners. Our labor and vehicle cost are approximately
$2,730.00 per year. This is based on two people at three hours per r
person each week. Our estimated total cost would be $2,815.00 per t.
year. The City is not reimbursed for any of these costs.
t
This is a program that was started prior to Curtis's being hired,
about 3 1/2 years ago.
E
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F
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TRI-COUNTY t
METROPOLITAN
TRANSPORTATION
DISTRICT
OF OREGON
TRRRI-MET
4012 S.E. 17TH AVENUE
PORTLAND, OREGON 97202
September 29,1988
Mr. Steve Rivett
City of Tigard
Road Maintenance Department
P. O. Box 23397
Tigard, OR 97223
Re: Maintenance of Bus Shelters Within Tigard City Limits
Dear Steve:
Regrettably, Tri-Met has no on-going maintenance program for the bus shelters
C within the Tri-Met system due to personnel limitations.
The Tri-Met Buildings & Grounds Department has only two personnel to clean and
repair over eight hundred bus shelters and thirteen transit centers throughout
the entire tri-county service area.
Bus shelters are cleaned and repaired only when reports of damage or vandalism
reach this office.
Sincerely,
gal , I r_
David Koe n
PPig
Foreman
Buildings & Grounds Department
DK:jnb
cc: H. S. Lim
Jerry Williams
~ l
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: November 14, 1988 DATE SUBMITTED: October 17, 1988
ISSUE/AGENDA TITLE: Cooperative PREVIOUS ACTION:
Library Advisory Board Nomination
PREPARED BY: Irene Ertell
DEPT HEAD OK LL,'tITY ADMIN OK REQUESTED BY: Pat Reilly
POLICY ISSUE
None.
INFORMATION SUMMARY
On Tuesday, September 27, the Washington County Board of Commissoners approved
a resolution and order that replaces the WCCLS Citizens Advisory Board with an
eleven member Cooperative Library Advisory Board (CLAB). Membership shall
consist of one representative from each contracting agency including cities
(7) and community libraries (2) that have entered into a non-.fee access and
library services agreement with the County, and two representatives of the
County. Each contracting agency may nominate one or more individuals for
membership on the Advisory Board to represent that agency. Qualifications for
nominee shall be at the discretion of the contracting agency except that such
qualifications shall be in accordance with any applicable non-discrimination
requirements and shall require that the nominees be residents of Washington
County. Members terms shall be two years. The Advisory Board shall advise
the Washington County Cooperative Library Services and Board of County
Commissioners on issues concerning operation of the county-wide library system
including issues and priorities related to library programs, policies, service
levels, ar,d financing and budgeting for library services. The Tigard Library
Board at its meeting on October 12, has placed in nomination the name of
current Board member, Walt Munhall, to represent the City of Tigard on this
County Library Advisory Board.
ALTERNATIVES CONSIDERED
1. Appoint Walt Munhall as representative from the Tigard Public Library.
2. Nominate other candidates by the City Council.
FISCAL IMPACT
None.
SUGGESTED ACTION
Place Walt Munhall's name in nomination with the Board of Commissioners for
appointment to the Washington County Library Advisory Board.
ke/7619D
4-(
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: November 24, 1988 DATE SUBMITTED: November 7 1988
ISSUE/AGENDA TITLE: PREVIOUS ACTION:
LCRB Award Bid for Copy Machines
_ PREPARED BY: Jill Monley
DEPT HEAD OK~ CITY ADMIN OK REQUESTED BY:
POLICY ISSUE
How can copy support best be provided to the organization?
INFORMATION SUMMARY
Currently, we contract out large or complex printing items such as the "All About
Town" or our annual budget-; however, the majority of our copying is performed by
staff on city equipment
At this time we own four copiers which are located at different sites thoroughout
the organization. These copiers are well worn and are requiring heavy
maintenance. In addition, they are not able to keep up with our current copying
needs.
$20,000 was approved in the budget for purchase of new copy equipment. A study
team made up of Sherrie Burbank, Office Services Manager, Cathy Wheatley, Deputy
City Recorder, and Jan Gonsalves our new Purchasing Clerk, studied our, needs and
examined alternatives. Proposals have been solicited and examined. A memo
summarizing their work is attached.
Following is our recommendation:
1. Purchase a Canon--8570 for use as the main production copier $10,910
2. Purchase a Canon-4035 for the C.D. work room 4,560
3. Purchase a Canon-20155 for the Public Works office 1,521
4. Purchase a Canon Fax 350 for city-wide use 2,695
5. Equip our existing Canon 7550 with a cost accounting device and
relocate to the Police Dept. 425
6. Trade in 3 of our 4 copiers -350
$19,761
This arrangement will allow us to meet our primary printing needs in terms of
quality and speed for the next 3 years. There remains a need for a higher
resolution capability for some Police functions; however, the main production
machine can provide this service until we have a better measure of the frequency.
In addition, it would be helpful to Engineering to be able to expand the
capabilities of their copier with an "Image Editing Board" and "Color Graphics";
however, the $610 needed is not available at this time.
All ongoing maintenance of this equipment is provided in the existing budget.
ALTERNATIVES CONSIDERED
1. Lease rather than purchase some or all new copy equipment.
2. Purchase new and refurbish existing copy equipment.
3. Combine lease, purchase and refurbish equipment.
FISCAL IMPACT
$19,761 as proposed above plus $3,716 in maintenance for the balance of FY 88/89.
Both the capital and maintenance are covered in this FY budget.
SUGGESTED ACTION
Staff recommends Alternative 2 above as detailed in the Information Summary.
dc:7952D
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Loreen Wilson, Office Support Manager Respond By 11/15/88
FROM: Sherrie Burbank, Office Services Manager _X For Your Information
Jan Gonsalves, Purchasing Clerk
Cathy Wheatley, Deputy City Recorder ____Sign and Return
DATE: November ; , 1988
SUBJECT: Copy Machine Proposal
After a great deal of examination, we are now ready to make a recommendation
regarding the purchasing/leasing of copy equipment for the City.
BACKGROUND/HISTORY
Prior to making a budget recommendation last year, an in--house needs
assessment was conducted. The equipment that will be recommended in this
proposal is based largely on the results of these studies which were in line
with the overall needs of the City as the needs pertain to the lack of
accessibility of equipment due to the demand for usage, somewhat outdated
features on our current copy equipment, and overall staff growth.
The City currently has only one high quality copy machine. The Canon-7550 was
purchased approximately 2-1/2 years ago. It has served us well during this
time; however, it has not been adequate to meet our continuing usage demands.
We are currently processing over 40,000 copies per month on this machine
alone. This is partially due to the fact the other City copy equipment does
riot have the features required to function efficiently. In fact, the other
equipment which is located in Community Development, Operations, and Police
have very minimal features according to today's standards and the needs
identified by staff during the assessment process. As an example, the
Canon-7550 is the only machine which has automatic duplicating (two-sided
copying). This is a feature which should be readily available on at least two
machines. Currently, there is not a machine on-site which can produce a high
quality copy from photographs or fingerprints. Another factor which is
imperative to consider is the speed of the equipment. As the paper work
continues to grow and the City experiences a growing need for rapid
turnaround, it is appropriate to request equipment to address this particular
need.
Since the original budget request for copy equipment was reduced
significantly, it was apparent that staff would need to analyze several
options in order to acquire the needed equipment to enhance the services
provided to staff and citizens. Therefore, three options were examined in
detail prior to making a recommendation:
1. Purchase the equipment while staying within the budget constraints of
$20,000; or-
2. Lease the equipment for a period of three years; or
r}
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.ri
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Copy Machine Proposal
Page Two
` 3. Combine the leasing and purchasing options to acquire needed equipment
while adhering to tho budget constraints during this fiscal year and
consider buying--.out any outstanding leases next fiscal year.
USAGE
To date, it has been difficult to accumulate accurate figures of usage. This
is primarily due to the fact this function has not been centralized in the
past. Upon acquisition of additional equipment, this function will be
monitored through the Office Services Section. In addition, it is recommended
that the copy equipment in Police, the City Work Room, and Community
Development each have cost accounting capabilities. This will not only serve
as an enhancement for Accounting to charge-back copies; it will also allow a
means to double-chock the vendor's accounting of copies which is used for
maintenance purposes.
At the current time, there is only one production machine (having multiple
features to allow rapid preparation of large projects). When this machine is
tied up (i.e., Council packets, Planning Commission packets), other large copy
projects cannot be completed in a timely manner. This adds to the frustration
and stress of staff- due to inaccessibility of the machine at least once a week
during packet preparation plus stress is added to the operator because of
numerous inter,-uptions which makes the packet process more time consuming.
Also, if this production machine breaks down, there is no adequate back-up to
complete the packet process which increases staff overtime and produces a
greater chance of error due to hand collation and lack of features such as
two-sided copying. Arid let's not forget the other machines produce copies at
a slower rate.
REVIEW OF EQUIPMENT
After carefully reviewing each submitted bid package, the vendors were
narrowed to two finalist (Pitney--Bowes and Automated Office Systems) based on
the lease/purchase costs and the apparent appropriateness of the equipment to
meet the City's needs. At this time, Cathy and I conducted on-site
evaluations of the equipment while constantly keeping in mind the City's
projected needs two to three years in the future. We looked for such things
as overall ease of operation, feature capabilities, and training and support.
We also discussed maintenance, and leasing and purchasing options with the
vendors. After compiling all of this information, we met with Jan Gonsalves
to discuss our concerns regarding the purchase/lease of equipment. Shp in
turn met with the representatives from both Pitney-Bowes and Automated Office
Systems to ask specific questions relating to these concerns. Jan's
lease/purchase analysis will be addressed later in this report.
In regards to the equipment recommended by both vendors, Cathy and I agreed
the equipment presented by Automated Office Systems would enhance the City's
copying capabilities more thoroughly than the equipment presented by
Pitney-Bowes.
Copy Machine Proposal
Page Three
The Pitney-Bowes equipment was more advanced than what the City requires to
operate productively. The copy equipment suggested in Pitney-Bowes` bid specs
for Copier I and II were in-dine with what was identified as the minimum
standards required, but Copiers III and IV greatly exceeded the minimum
standards.
The Canon equipment from Automated Office Systems met all minimum bid specs
without exceeding the requirements beyond our current and future identified
needs. There is also an Image Editing option and color graphics available on
Copier III which would enhance the services provided by Engineering
particularly in copying maps. In addition, the Canon-8570 which would be used
for Copier I has an actual photograph mode. Police Detectives analyzed the
sample copies of fingerprints and other photographs for both vendors and this
analysis indicated the Canon-8570 equipment produced a higher quality of
copies. In addition, the ease of operation was evident in the limited
programming required on the Canon-8570 in comparison to the Pitney-Bowes D860.
SERVICE/MAINTENANCE REQUIREMENTS
Whether the City decides to lease or purchase the equipment, maintenance costs
are a necessary expense in order to maintain high copy quality. These costs
are based on the number of copies produced per month per machine. Automated
office Systems has minimized these costs by allowing the City to take
advantage of government contracting.
Air,
Due to the importance of the accessibility of service technicians, this was an
area of concern which was addressed during meetings with the representatives
from Automated Office Systems and Pitney-Bowes.
Jan and I agreed the accessibility of the Canon technicians was enhanced by
the number of available technicians in the area (26). Automated office has
agreed to have a dedicated technician service our needs. There is a
guaranteed four hour response time for "emergency" service which is defined by
the customer. In addition, there is a customized preventative maintenance
schedule.
Pitney-Bowes has a computerized system for dissemination of their technicians
with well established procedures for answering service calls. However, Jan
noted there was only one repair technician assigned to our geographical area
and voiced her concern in relation to response time.
DETERMINATICN OF VENDOR
Based on the combined information reviewed above, it is recommended the City
more closely evaluate the Canon equipment available through Automated Office
Systems. The remainder of this report will be directed toward the end result
of acquiring this particular equipment.
PLACEMENT OF EQUIPMENT
Copier I City Hall Work Room
Copier II Police Department
Copier III Community Development Work Room
Copier IV Operations
Copy Machine Proposal
Page Four
PURCHASE/LEASE OPTIONS
In reviewing the purchasing/leasing options presented in the bid package, the
following calculated figures were used as a basis for a recommendation:
Copy Equipment Purchase Lease Maintenance
Canon NP-8570 - Copier I $10,485.00 $ 399.16/mo. $ 303.00/mo.
Canon NP-8570 - Copier II 10,485.00 399.16/mo. 200.00/mo.
Canon NP-4035 - Copier III 4,135.00 141.42/mo. 90.00/mo.
Canon NP-2015S - Copier IV 1,521.00 57.19/mo. 20.00/mo.
TOTALS $26,626.00 $ 996.93/mo. $ 613.00/mo.
GRAND TOTALS $26,262.00 $11,959.56/yr. $7,356.00/yr.
TRADE-IN ALLOWANCE
Automated Office Systems has allowed a total of $1,850 for our current copy
equipment. The breakdown is as follows: Canon NP-7550 - $1,500; Canon
NP-210 - $200; Xerox 1048 - $100; and Canon PC-25 - $50.
f
RECOMMENDATION
Based on all of the information provided in this report and the extensive
research by Cathy, Jan, and myself, we unanimously recommend the following
equipment acquisition and configuration:
1. Purchase a Canon-8570 (high speed, high quality machine) for use as the
main copy machine to be located in the City Hall Work Room.
2. Move the City's Canon-7550 to the Police Department which is an upgrade in
comparison to their current copy equipment and closely monitor the usage
in order to make recommendations pertaining to future upgrades.
3. Purchase the Canon-4035 for the Community Development Work Roam. This j
will be an upgrade to their current equipment. The 4035 can also support
optional add-on features such as an Image Editing board ($360) and color E
graphics ($250) which will enhance the level of service provided by
Engineering staff in particular. It is recommended these enhancements be
purchased as future funds allow. i
f
4. Purchase the Canon-20155 to be located in the Operations office. r
Operations staff is currently using a Canon PC-25 copier which is too
limiting in features and the amount of copies it is designed to produce
per month. In order to increase copy productivity, this equipment is
necessary to meet their requirements. i1
l
5. Purchase cost accounting systems for Copiers I, II, and III. This cost
accounting equipment has a dual purpose:
a. Provides staff a management tool for addressing the issue of f
preventative maintenance and monitoring copy usage.
b. Provides Accounting staff more accurately information to charge-back
copies.
Copy Machine Proposal
Page Five
Below is a listing of the warranty periods for each piece of equipment being
purchased:
Canon-8570 120 days
Canon-7550 Not Applicable - City already owns
Canon-4035 150 days
Canon-2015S 180 days
In conjunction with this information, the following will be the money needed
to purchase and provide maintenance for the recommended equipment through the
remainder, of the fiscal year. At the conclusion of the fiscal year, the
ongoing costs will be maintenance related only.
Canon-8570 Canon-7550 Canon-4035 Canon-2015S
Purchase Price $10,485 $ -0- $4,135 $1,521
Optional Costs
Cost Accounting 425 425 425 -0-
TOTAL $10,910 $ 425 $4,560 $1,521
Maintenance 1,061 2,400 225 30
GRAND TOTALS $11,971 $2,825 $4,785 $1,551
By purchasing the above recommended equipment, the City will spend $17,416.
After subtracting $350 for trading in the Canon NP-210, the Xerox 1048, and
- the Canon PC-25, this amount decreases to $17,066. (Note: the Canon NP-7550
will not be traded in.) This is a $2,934 savings in Account 10-4100-70400
which would leave enough money to purchase a FAX machine for $2,695.
In addition, $3,716 will be spent out of Account 10--4100-61200 for copy
maintenance. As of October 1, there was an unencumbered balance of $4,800 in
this account Therefore, this $4,800 will be adequate to cover all copy
equipment maintenance from October through the remainder of the fiscal year.
If you have any questions, please contact Sherrie.
sb/7790D
j(y%
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: November 14, 1988 DATE SUBMITTED: November 1, 1988
ISSUE/AGENDA TITLE: Acquisition of PREVIOUS ACTION: Acquisition
a portion of Don Morissette Builders negotiations
Inc. property for park purposes PREPARED BY: Director of Community
Development
DEPT HEAD 0 CITY ADMIN OK REQUESTED BY: Department of Community
Development
POLICY ISSUE
INFORMATION SUMMARY
Over the past 4 months, the City has been negotiating with Don Morissette
Builders Inc. to acquire approximately 3.35 acres of land which would be added
to Summerlake Park. The land proposed for purchase is located just south of
Summerlake and was originally included in a large single family development
which recently received preliminary plat approval. Attached is a map which
shows the subject and surrounding properties. It appears that the City and
Don Morissette Builders, Inc. have reached an agreement on the acquisition
price and terms of the sale. Attached is a letter-type agreement from the
City Attorney that outlines all terms of the sale.
ALTERNATIVES CONSIDERED
1. Approve the acquisition of 3.35 acres of land for $124,167.75 or $37,065
per acre for park purposes.
2. Continue to negotiate with Don Morissette Builders, Inc.
FISCAL IMPACT
$124,167.75 plus closing cost for 3.35 acres of land.
SUGGESTED ACTION
Staff recommends that Council authorize the City Administrator to execute all
necessary documents to acquire the above described property.
br/7826D
O'DONNELL, RAMIS, ELLIOTT & CREW
JEFF BACHRACH ATTORNEYS AT LAW CANBY OFFICE
- CHARLES E. CORRIGAN' 181 N. GRANT. SUITE 202
STEPHEN F. CREW BALLOW & WRIGHT BUILDING CANBY. OREGON 97013
KENNETH M. ELLIOTT 1727 N.W HOYT STREET (503) 266-1149
KtNNEfH H. FOX PORTLAND. OREGON 97209
PHILLIP E. GRILLO (503) 222-4402
MARK P. O'DONNELL FAX 15031243-2944
TIMOTHY V. RAMIS
PLEASE REPLY TO PORTLAND OFFICE
MICHAEL REDDEN
OF COUNSEL
' ALSO ADMITTED TO PRACTICE
IN STATE OF WASHINGTON
October 31, 1988
Mr. Gordon L. Hobbs
1511 S.W. Park Ave., #1003
Portland, Oregon 97201
Re: City of Tigard - Purchase of Don Morissette Builders, Inc.,
Property
Dear Mr. Hobbs:
I have spoken with Randy Clarno concerning the verbal agreement
you have reached with the City for sale of the park property
described as a portion of Tax Lot 100, Washington County
Assessor's Map 1S1 33DD.
The City has agreed to purchase 3.35 acres of park property at a
price of $37,065 per acre, for a total purchase price of
$124,167.75. An additional .65 acres will be dedicated by the
developer to the City for public park use, comprised of .12 acres
for flood plain and .53 acres for parking and bike paths, as
required by the developer's preliminary plat approval. The
entire four-acre parcel will be conveyed in a single deed to the
City of Tigard, with a single metes and bounds legal description
of the entire parcel, to be attached to this letter as Exhibit
"A" and incorporated herein by reference.
As part of the purchase agreement, the City would like to clarify
the scope of public improvements required as a condition of
subdivision approval. The condition of approval requires
Winterlake Drive to be built, adjacent to the subdivision, to a
standard equal to the portions of Winterlake Drive already
developed in the Winterlake and Brittany square subdivisions.
The required improvements include the following:
1. Construction of minor collector street improvements along
Winterlake Drive, from the western plat boundary to
S.W. 128th Avenue;
City of Tigard - Morissette
October 31, 1988
Page 2
2. Said improvements shall consist of a one-half street on the
south side of the center line (20-foot wide driving surface,
plus curb, sidewalk and necessary utilities); and a 12-foot
paved driving lane on the north side with a rock shoulder;
3. All utilities will need to be installed, including sewer,
storm drainage, water and street lighting, either under the
paved surface or behind the sidewalk, in accordance with
final construction plan approval.
The City will proceed to order a preliminary title report for the
property. The City will pay all cash at closing for the
property, following receipt of an executed copy of this letter
and subject to formal City Council authorization at its first
November meeting, to be held on November 14, 1988. The City will
require that the land be conveyed by general statutory warranty
deed, free and clear of all encumbrances. With respect to
closing costs, the City will require that Morissette pay for a
title insurance policy in the amount of the purchase price. The
City will also require that Morissette pay the Washington County
transfer tax, recording fees, government service charge and any
recording fees for the release of any existing encumbrances. The
City will share equally the customary escrow fees. The City will
also require that Morissette pay all real property taxes due on
the property through the Closing date, at or before closing.
This offer is made on behalf of the City of Tigard in conformance
with the requirements of ORS 35.346. I trust that it conforms in
all respects to the verbal agreements reached by you and Randy
Clarno. Please indicate your acceptance of the offer, on behalf
of Don Morissette Builders, Inc., by signing and dating below and
returning the original of this letter to Randy Clarno in the
enclosed envelope on or before November 4, 1988. Please retain
the enclosed copy of the letter for your records.
Sincerely yours,
Kenneth M. Elliott
KME/gaj
cc: Randy Clarno, Development Services Manager
kht\tigard\hobbsA tr
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City of Tigard - Morissette
October 31, 1988
Page 3
I AGREE TO ACCEPT on behalf of Don Morissette Builders, Inc., the
City of Tigard's purchase offer for the real property described
in Exhibit "A", attached hereto, and in accordance with the
above-stated terms.
DATED this _S fit day of November, 1988.
DON MORISSETTE BUILDERS, INC.
By Gordon L. Hobbos, Authorized
Representative
EXHIBIT "A"
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L A N D D E V E L O P X E X T C O N 8 0 L T A N T 8, I N C.
u« PLANNING v" CIVIL ENGINEERING - SURVEYING
209 N. E. Lincoln Street
Hillsboro, Oregon 97124
(503) 648-4061
Bob 04uist PLS
r.
Ryan O'Brien, Planner Jim Hims, PE
Chris Bedsaul, Planner Ed Seonfienza, PE
e'
A portion of Lots 12 and 13, "ASH VALLEY TRACTS", a plat of is
record, and a portion of the southeast 1/4 of Section 33, T.1S.,
R.1W., W.M., City of Tigard, Washington County, Oregon, being
more particularly described as follows:
Beginning at a point on the east line of said Section 33, which
bears N0'00127"E, 1165.76 feet from the southeast corner of said
Section 33; thence. leaving said line N89°59'33"W, 15.00 feet;
thence N0'0012701E, 143.91 'feet;. thence N44'40101"W, 100.53 feet;
thence N6104011311W, 191.05 feet; thence N45'10108"W, 118.21 feet;
thence S36.5211211W, 105.00 feet to a point on a curve; thence
along the arc of a non-tangent 50.00 foot radius curve concave to
the South through a central angle of 11602512411, a distance of
101.60 feet (chor bears S61055139"W, 85.00 feet) thence leaving
said curve, N44 '44t1W, 83.45 feet; thence 546'14202"W, 363.33
feet; thence S501114711W, 123.17 feet; thence N89°55/281IW, 354.69
feet to a point of curvature; thence along the arc of a 1070.00
foot radius curve concave to the North through a central angle of
7°32'10", a distance of 140.74 feet (chord bears N86`09023"W,
140.63 feet) to the west line of said Lot 12; thence along said
line, N000113711W, 70.68 feet to the south line of that tract of
land described in deed to Shirley Dow in Book 242, Page 177,
Washington County Deed Records; thence along said line,
S8905542S"E, 391.0E feet to the southeast corner thereof; thence f
along the east line of said tract, N005314011W, 219.61 feet to the
northeast corner of that tract of land described in deed to
Shirley Dow in Book 291, Page 349, of said deed records; thence
leaving said line, S55'41108"E, 134.91 feet; thence N43'35119"E, !
531.44 feet; thence S62.42123"E, 278.88 feet; thence S36'51118"E,
325'.00 feet to said east line of Section 33; thence along said
line, S000002711W, 180.00 feet to the point of beginning.
Containing 4.00 acres
Subject to a 15.00 foot wide sanitary sewer easement.
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- - 'Total property to be transferred to City. tr~w~~l 4.00 acres
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- Property to be transferred to City as
_ -I condition of subdivision approval.
rloodplain - .12 acres
--1
- Walkways and Cul-de-sac parking MOMMMO - .53 acres
- - Property to be purchased by city. 3.35 acres
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council Respond By
FROM: Wayne Lowry, Firtance Director For Your Information
DATE: November- 4, 1988 / Sign and Return
SUBJECT: Park Land Acquisitions
As discussed at the study session of July 11, 1988 and at more recent
meetings, the City is moving ahead with the acquisition of several pieces of
park land in the Summer-lake area. In order to budgetarily prepare for this
process, I would like to set forth the events that will occur.
As you know, the 1988-89 Adopted Budget includes $140,000 in Parks CIP
appropriations. The results of the audit indicate that the beginning fund
balance in the Parks SDC Fund is $64,000 greater than anticipated. This
additional 1988-89 resource will riot be appropriated until the Supplemental
Budget, which is tentatively scheduled for January 1989.
It appears that the following property transactions will close prior to the
adoption of the Supplemental Budget:
Estimated
Property Cost
Century 21 $ 92,500
Morissette 125,000
Total $17.500
As mentioned in an earlier discussion, because the Parks SDC Fund does not
have adequate resources this fiscal year to purchase the desired property, the
General Fund must purchase the land. As resources permit, the Parks SDC Fund
will purchase the land back from the General Fund.
In order to enter into an agreement to purchase both properties indicated
above, the Council must pass a resolution to appropriate General Fund
Contingency/Reserve as follows:
Parks SDC Fund Appropriation $140,000
Park design plans Morasse & Assoc. 30,000
Summerlake turf renovation 10,000
Net Park SDC Appropriations Available 100,000
4
Projected Costs of Land Purchases 217,500 '
To Be Appropriated from G/F $117.500
The attached resolution appropriates $117,500 from the General Fund i..
Contingency/5-Year Plan reserve. The General Fund will participate in the
purchase of the property and record the purchase price as an asset in the.
General Fixed Asset Group of Accounts. As Parks SDC resources become
available in 1989-90 and later, the General Fund will be repaid.
Further land purchases beyond these two will involve the same process.
ke/7685D P
Attachment
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM E -24ARY
AGENDA OF: November 14, 1988 DATE SUi2AITTED: November 3, 1988
ISSUE/AGENDA TITLE: License Agree- PREVIOUS ACTION: None
ment for PacTrust
PREPARED BY: Community Dev. Director
DEPT HEAD 0 CITY ADMIN OK REQUESTED BY: PacTrust
POLICY ISSUE
Should the City grant a license, with certain conditions, to a private land
owner for the temporary private use of an adjacent undeveloped public
right-of-way.
INFORMATION SUMMARY
Pacific Realty Associates (PacTrust) is requesting the City grant them a
license to use, temporarily, an undeveloped public right-of-way which adjoins
their development near SW 72nd Avenue and SW Kable Lane. Attached is a
drawing and a memo which explains in greater detail why the license is being
requested. Staff, the City Attorney and PacTrust have worked together in the
preparation of the license agreement which is also attached for your review.
ALTERNATIVES CONSIDERED
1. Enter into the attached license agreement with PacTrust to allow the
temporary private use of a public right-of-way.
2. Deny PacTrust's request for a license to use public right-of-way.
FISCAL IMPACT
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SUGGESTED ACTION
Staff recommends that Council authorize the Mayor, on behalf of the City, to
enter into this proposed license agreement with PacTrust for the temporary
private use of a public right-of-way.
cn/7842D
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Mayor and City Council November 4, 1988
FROM: Ed Murphy, Community Development Directo
SUBJECT: Proposed License for PacTrust
to use public right-of-way.
Pacific Realty Associates (PacTrust) is requesting to receive a 3-year license
from the City to use a portion of an undeveloped right-of-way which adjoins
one of their developments. This particular development is adjacent to
portions of SW 72nd Avenue and SW Kable Lane (see attached map) and is a
continuation of the Oregon Business Park. The 30-foot wide unnamed
right-of-way in question adjoins the westerly boundary of the project and also
adjoins the Southern Pacific Railroad right-of-way. The unamed right-of-way
was created in the early 1900's and has never been improved or opened for
public use.
This right-of-way appears to serve no public purpose nor play into any
long-term plans for transportation in the area. Staff has suggested that
vacation of the right-of-way might be the best long-term solution. However,
certain complications involving underlying ownership of the right-of-way and
legal access to adjacent properties would probably prevent completing a
vacation in the near future. The issues are such that it would require a
number of property owners working together to resolve them. PacTrust has
stated that they want to initiate this process soon, however, they anticipate
it may take several years to resolve. In the interim, PacTrust is requesting
a license to use the right-of-way for parking, landscaping and other private
improvements.
In 1979, the City issued a similar license to the property just north of
PacTrust for largely the same reasons as stated above. This license is still
in effect and can be terminated by consent of all parties or by other special
conditions recited in the license (e.g., City opening it for public use).
The proposed license agreement, which is attached for your review, has been
prepared by PacTrust and slightly modified by the City Attorney. The City
Attorney agrees that a license is the best way to allow private use of the
right-of-way while allowing property owners to resolve issues affecting
underlying ownership and access. Staff is recommending that the City enter
into the license agreement with PacTrust to facilitate their immediate needs
while continuing to work with other affected property owners for a longer term
solution.
cn/7842D
Attachments
1
LICENSE
THIS LICENSE, given by the City of Tigard, entitles Pacific Realty
Associates, L.P. ("Grantee"), its successors and assigns, to the certain
limited, described uses of the real property described in Exhibit A ("the
Subject Property").
1. The Subject Property is a portion of a dedicated, but undeveloped and
unaccepted, public street right-of-way. By this License, the City of Tigard
grants to Grantee the rights to make the following uses of the Subject
Property:
A. To park cars, trucks, and other machinery. (This right includes
the right to pave, to mark the pavement, to construct curbs, and make such
other improvements and alterations to the Subject Property as may be
reasonably necessary to facilitate the described use and to meet relevant
requirements of the Tigard Municipal Code and such land-use requirements
and limitations as the City may impose from time to time.)
B. To landscape areas of the Subject Property.
C. To place upon the Subject Property piping, wiring, meter boxes
and such other similar ancillary equipment, machinery, and supplies as may
be useful to any legal business use of the adjacent parcels described in
Exhibit B.
2. The limitations on this License include the following:
A. If, at any time, the City or other government or any person,
partnership, or corporation proposes the opening, improvement, or
governmental acceptance of the Subject Property as an improved public
street or road, Grantee shall remove, at its expense and within 90 days of
receipt of written notice to do so from the City, any curbs, fences,
walls, berms, trees or other impediments to the opening of the Subject
Property for public travel. (The City shall not give the described notice
until it has authorized the improvement of the subject property as an
improved public street or road and satisfied itself as to the proposed
developer's good faith intent to make the improvement and his or its
capacity to accomplish the project.
The opening, improvement or governmental acceptance of the
Subject Property as an improved public street or road shall not give rise
to an action or suit for damages by Grantee, its successors and assigns.
It is specifically agreed by Grantee that if the opening, improvement or
governmental acceptance of the Subject Property occurs, any violations by
1 - LICENSE
Grantee of the land-use regulations of any government caused by the loss
of use of the Subject Property shall be the responsibility of Grantee, its
successors and assigns, and Grantee, its successors and assigns, shall
take such action as may then be required by relevant laws and land-use
regulations, without cost to the City of Tigard.
B. Grantee accepts responsibility for the care and maintenance of
the Subject Property, and agrees to hold the City of Tigard harmless from
any claim arising out of the use and maintenance of the Subject Property
by Grantee.
C. This license small not entitle Grantee to use of the Subject
Property for the purpose of providing access to any tract of land other
than that described in Exhibit B.
D. This license shall expire 36 months from the latest date written
beside the signature at the end of this document, unless sooner terminated
by other conditions recited in this document or by the consent of all
parties.
EXECUTED THIS 7 day of 1988 on behalf of the
City of Tigard.
Maio
STATE OF OREGON )
)ss.
County of _VM S Gu' n.~/ f cs~'~
THIS INSTRUMENT was acknowledged before me on (S'Len-n
1988, by as 1}^ and
as o the City of Tigard.
Notary Public for Oregon
~ I
(NOTARIAL SEAL) My Commission expires: ~5110
2 - LICENSE
EXECUTED this day of , 1988, on behalf of
Pacific Realty Associates, L.P., by PacTrust Realty, Inc., general partner of
Pacific Realty Associates, L.P."
By PacTrust Realty, Inc.
By:
Richard P. Buono
Vice President
STATE OF OREGON )
)ss.
County of
THIS INSTRUMENT was acknowledged before me on ,
1988, by as and
as of the City of Tigard.
Notary Public for Oregon
(NOTARIAL SEAL) My Commission expires:
cn/7842D
3 - LICENSE
' Exhibit "A"
That portion of that 30-foot-wide road, easterly of, and adjacent to the
following described tracts.
A portion of lot 3 3CUhMM PACIFIC TIGARD nmusTAm PARE in the S.E. ~g of
Section 12 T. 2 S., R. 1 W., Washington County, Oregon described as follawa
Beginning at the southeast corner of,lot 3 Southern Pacific Tigard Industrial
Park; thence North 10 201 16" West along the East line of said lot 3 a distance
of 282.52 feet; thence South 880 291 35" West 297.80 feet to a point in the West
line of lot 3; thence Southwesterly along said vest line on the are of a Searles
Transition curve to the right ( the chord of which bears South 00 231 50" East
73$.43 feet ) a distance of 115.43 feet to a point of curve; thence Southeasterly
on the arc of a 1487.69 toot radius curve to the right ( the chord of which.-bears
South 40 26, 16" West 168.01 feet) a distance of 168.10 feet to the Southwest
corner of lot 3; thence North 880 291 35" East along the South line of said lot
3 a distance of 316.61 feet to the point of beginning.
Together with:
A portion of lot 3 SOUTHERN PACIFIC TIOARD 71'TDBSTR.LIL PARK in the S.S. 3% of
Section 12 T. 2 S., R. 1 W., W.M. Washington County, Oregon described as follows:
Beginning. at a point on the East line of lot 3 Southern Pacific Tigard
Industrial Park that is North l0 201 16" West 282.52 teat from the Southeast corner
of said lots thence continuing along said East line North l0 201 16" West 782.57
feet to a point in the South line of Kahle Lane, thence along said South line
South 880 29? 35" West 5.00 feet to a point of curve, thence on the are of a 20.0
foot radius curve to the left (the chord of which beam South 630 25' 43" West
16.95 feet) a distance of 17.50 feet to a point of reverse curve; thence on the
arc of a 58.00 foot radius curve to the right (the chord of which bears North
710 341 22" West 109.05 teat) a distance of 7.41.85 feet; thence South 880 291 3511
West 204.39 feet to a point in the East line of a 30.00 foot roadway and the West
line of said lot 3; thence South 30 281 12" East along said West line a distance of
692.96 feet to a point of curve; thence on the arc of a Searles Transition curve
to the right (the chord of which bears South 30 081 18" East 120.06 feet) a distance
of 120.36 feet; thence North 880 291 35" East parallel with the South line of lot
3 a distance of 297.80 feet to the point of beginning.
Exhibit "B"
A portion of lot 3 S00TBERN PACIFIC, TMAM INDUSTRIAL PARK in the S.E. ;4 of
Section 12 T. 2 S., R. 1 W., Washington County, Oregon described as follows:
Beginning at the southeast corner of lot 3 Southern Pacific Tigard Industrial
Park, thence North 10 201 16" West along the East line of said lot 3 a distance
of 282.52 feet; thence South 88° 291 35" West 297.80 feet to a point in the West
z
line of lot 3; thence Southwesterly along said west line on the are of a Searles
Transition curve to the right ( the chord of which bears South 0° 231 50" East
3:5.43 feet ) a distance of 115.43 feet to a point of curve; thence Smitheasterl,t '
on the arc of a 1487.69 Zoo's radius curve to the right ( the chord of which ears
South 40 26, 16" West 16841 feet) a distance of 168.10 feet to the Southwest
corner of lot 3; thence North 88° 291 35" East along the South line of said lot
3 a distance of 316.61 feet to the point of beginning. 1
Together with:
A. portion of lot 3 SOUrMRN PACIFIC TIOARD IND[ SMLAL 'M in the S.S. 4 of
t
Section 12 T. 2 S., R. 1 W., +7.M. Washington County, Oregon described as follmm : R
F,
Beginning. at a point on the East line of let 3 Southern Pacific Tigard
Industrial Park that is North 1° 201 16" West 282.52 feet from the Santhaast corner
of said lot; thence continuing along said East line North 1° 201 16" West 782.57:
feet to a point in the South line of Kahle Lane; thence along said South line'
South 88° 29V 35" West 5.00 feet to a point of curve; thence on the arc of a 20.0
foot radius curve to the left (the chord of which bears South 630 25, 43" West
16.95 feet) a distance of 17.50 feet to a point of reverse curve; thence on the
are of a 58.00 foot radius curve to the right (the chord of which bears North
71° 341 22" West 109.05 feet) a distance of 141.85 feet; thence South 88° 291 35"
West 204.39 feet to a point in the East line of a 30.00 foot roadway and the West
line of said lot 3; thence South 30 28t'128 Past along said West line a distance of
692.96 feet to a point of curve; thence on the arc of a Searles Transition curve
to the right (the chord of which bears South 3° 081 18" East 120.06 feet) a distance
of 120.06 feet; thence North 88° 291 35" East parallel with the South line of lot
3 a distance of 297.80 feet to the point of beef-ling.
' > ?
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other portion of In
: undeveloped right-of-way
W
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Property which benefits E--
a from existing license co
Q LEGEND z
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RIGHT-OF-WAY SUBJECT
TO EXISTING LICENSE 1
PROPOSED RIGHT-OF-WAY
• • r. t •'"s;;:y FOR NEW LICENSE
J r` / 11
'1 S W KABLE LN.
~Property which /
would benefit from
proposed license
• ~ Q,oP 11 ~
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other portion of undeveloped 121
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right-of-wa
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Rp OREGON
OREGON i - 40
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r CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: November 14, 1988 DATE SUBMITTED: September 27, 1966
ISSUE/AGENDA TITLE: Training request/ PREVIOUS ACTION: None
accident reconstr ction course for
Of c. Rob Harb PREPARED BY: Lt. Robert Wheeler
DEPT HEAD ON ITY ADMIN OK REQUESTED BY: Chief David Lehr
POLICY ISSUE
INFORMATION SUMMARY
The Institute of Police Technology and Management will be presenting their
Accident Reconstruction Course December 5 through December 16, 1966, at their
location at University of North Florida, Jacksonville, Florida.
This 60 hour course is a follow-up of the Advanced Accident Investigation
Course. The course is designed to overcome the difficulty of getting an
officer's investigation findings admitted into Evidence in court. It enables
a well trained police officer to qualify as an expert and rive expert
testimony in a court of law relative to the causation factors in motor vehicle
accidents.
Subjects covered are:
1. Deprivation and origin of speed formulas.
2. Speed of vehicle at impact.
3. Behavior of vehicle in accidents using three law motions.
4. The effect of weight shifting in braking involving large trucks.
5. The effect of anti-skid or computer braking systems.
6. The determination of travel, initial contact of vehicles. -
ALTERNATIVES CONSIDERED !
With our recent double fatal traffic accident, we had to ask for resources
from the State Police to investigate the accident (at the request of the
Washington County District Attorney's Office), thereby causing a substantial
delay in our ability to handle the accident.
With our growing community, the Police Department has an increasing demand to
perform more in-depth accident investigations to establish causation factors
to enable us to determine criminal liability. This seminar will certify Ofc.
Harburg as an Accident Reconstructionist, thereby he will be of great value to
the department and citizens of this community. F
Sufficient funds are in the training budget to pay the costs.
1. Approve the request
2. Deny the request
FISCAL IMPACT
1. $1,796.00
SUGGESTED ACTION
E
Staff recommends approval of the request.
ke/7224D
Nr s I 1 %09 • i WIPI RW
EDUCATION/TRAINING REQUEST
This form is to be used for conferences, seminars, college classes and other
orms of either training or education. Documentation is required, a copy is
co be attached to this form. Attachments for mailing may also be attached. A
follow up report is required. A copy will be placed in your personnel file.
DATE OF REQUEST: '9-21--88- Requested by: g_g_ Agj TRG
Vendor No.:
PAYABLE TO: TM ( gj Employee request attend
1567 .S T. 701, vs i.~u,zx Rcl Employer required attend
Fl//e 2L 3.2r2 /(a For check run of
( ] Mail check
( ] Notify dept. when ready
'vendor No.: Vendor No.
PAYABLE TO: ob Al/
Rpa.a PAYABLE T0:
y`PGn rr oG
Title of Program: TRAFFIC ACCIDEN2! RECONSTRUCTION
Institution or organization INSTITIJTE OF POLICE TECHN NT
Registration Deadline ASAP Training Dates From--12-5-88 To:12-1 -88
Describe the purpose:At the present time our department does not have
anyone qualified as an accident reconstructionist. If there is a
serious or fatal accident in our city we must depend on another
police agency to do the reconstruction. If the other agencies can Ccont)
Is this related to current position ( ] reasonable promotion or transfer? f
xplain: I am currently assigned to traffic patrol and I have completed rcf G
the I.P.T.M. advanced accident investigation class.
TRAINING COSTS: [g ] to be advanced [ ] to be reimbursed after attendance
Account No. Amour
Registration or tuition
Books..
Travel (mileage, bus, train, airplane, etc.).... 390`
Lodging
Per Diem 2
Other:
Total $ 179(
Authorizations: I(employee), understand and agree that if all conditions of
education/training policies are not met, I may be required to reimburse the
City for any expenditure mad q*. behal
Employee Signature:. Date d
Appropriation 1 race: / ~ 7 _Mana e . ~pproved [ ] disapproved
Dept. Head: [ approved ] •sapproved (explain):
' Ce ~4 it 2 E
C G „c n ,e
AC 5 r
f y l ° /o`r ° t/
Finance Director:
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not provide this service, we simply do without. our department
has grown to a large enough agency to provide total police service
to our citizens without relying on constant assistance from other
agencies.
This class will allow me to do accident reconstructions and
and any prosicutions that arise from the accidents c;an be handled
by our department.
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INSTITUTE OF POLICE ® The Institute of Police
TECHNOLOGY AND Technology and
MANAGEMENT
Management
The Institute of Police Technology and Manage-
ment (IPTM) is an integral part of the University University of North Florida
of North Florida in Jacksonville. A department in
the University's Training and Service Institute, ; z .j► Presents a Course
IPTM was created and designed to provide o~ in
management and traffic training to municipal, <oz c
(0
county, state and federal law enforcement officers. r m = c
IPTM trains annually more than 8,000 civilian and s"a 0 o, I
military law enforcement personnel from nr K ro J l
throughout the United States and overseas. von a,°-^
C'N: fY
The IPTM faculty consists of professionals who (D
combine practical law enforcement skills with fff
many years of police training experience and the
academic background necessary to effectively g - "
train in-service law enforcement officers. This full- '
time faculty is supplemented by highly qualified I~
experts from government, private industry and the
academic community.
IPTM programs are specifically directed toward
operational, supervisory and command law en-
forcement personnel. Courses are designed to im-
prove the skills and abilities of the students in per-
forming law enforcement tasks and to acquaint the
students with new developments in each area of ®~~`T'
interest. IPTM is proud of its role as leader in ap- ACCIDENT
plying microcomputer technology to law enforce-
ment and highway safety.
Most IPTM training programs are available for
delivery on-site to a police agency or a group of
police agencies. For additional information, write October 24 -November 4, 1988
to: Miami, Florida
Assistant Director, IPTM December 5-16, 1988
University of North Florida a, ° c o Z Jacksonville, Florida
4567 St. Johns Bluff Road, S. 9),o C
Jacksonville, Florida 32216 a m n or call (904)646-2722 (00-
(D m Funding for this program has been approved by the Fork
CL Criminal Justice Standards and Tmining commission h
local dollar expenditure.
TRAFFIC ACCIDENT RECONSTRUCTION ro 0 S z D S) 22 0_0090-oz
(80 Hours) a T C c c c c T.0 CO. D'
3 =3 N
COURSE INFORMATION
Many trained police officers have difficulty getting 0 ~ = • • o (D (D m cD c Q N ~ c
v, w Location: The Jacksonville course will be
their accident investigation findings admitted in- o a N m v -t D
to evidence in court. O 5 U m (D e 0 a 0 m c conducted at the Institute of
This course is designed to help overcome this dif- m 6 a y Police Technology and Manage-
0
by enabling a well trained police officer to z O ~ CD N ment, University of North Florida,
>0 4567 St. Johns Bluff Road, S.,
quality as an expert and give expert testimony 3 ° F 01 0 0 m -1 < F Jacksonville, Florida.
In a court of law relative to the causation factors Cr 0 ~ '_n N ~
in motor vehicle traffic accidents. A student who (D 3 (o The Miami course will be con-
successfully completes this course will be able to (D n w ducted at the Metro-Dade Train-
give expert testimony in the following areas: z o 5 3 ing Academy, 9601 N.W. 58th
1. Derivation and origin of the commonly used _0)c °m ° Street, Miami, Florida.
speed formulas, (D~ to
03 ~ Dates: October 24-November 4, 1988
2. Speed of vehicles at impact using conserva- • 00 Cr M
00 A M 'A d Miami, Florida
tion of linear momentum, .'n
3 Behavior of vehicles in a collision using d ? O Q. December 5.16, 1988
3 Z _M i' Jacksonville, Florida
Newton's three laws of motion, m u (C~ 710
4. The effect of weight shift in braking involving o co ro
o c 0 d Course Fee: The course fee of $595 includes
large trucks and buses, including truck-tractor s < 3 fn tuition, student reference manual
semi-trailer combinations,
5. The effect of computer or anti-skid braking .n 3 z and all study materials. (Each
° r-' - student should bring a hand
systems in stopping distances and braking .o
action, m 3 calculator with a square root
O
6 The determination of direction of travel, initial Q r z key.)
contact, and position of vehicles on the 0 Lodging: Lodging and food are the respon-
roadway. `D ID sibility of the student. However,
This course includes extensive project work and C CD hotels in the Jacksonville and
controlled vehicle experiments to give the student o - o o Miami area offer a special rate for
M :3
first hand experience in proving that the specific
m IPYM program participants.
equations are accurate. a o m N c; o
A°i 2.
ff a Transportation: Jacksonville and Miami are
Because of the highly technical subject matter, it v ~ ~m y
p cg!R
is mandatory for each student to have successfully ~ o C served by several major airlines.
completed an Advanced Accident Investigation cD m o " 7 Additional information concerning
course or its equivalent. Since it is vital for m T H z = < air and ground transportation will
CD 'a
graduates of this program to be able to give ex- ? " a
be sent upon confirmation. E- =r
pert testimony in court, enrollments will be limited o d = „
g
ca 33
and students will be selected on the basis of ac- U3 N w a o Registration: To enroll, complete the attached
cident investigation experience and prior training. N 8 n. w ~ ~ registration form and return to the
Early application for this course is encouraged. a co < Z Director, Institute of Police
Application forms can be obtained from the Direc- a Technology and Management.
tor, IPTM. Approximately six weeks prior to the w Receipt of this form will be
start of the course, study materials in basic w w 'rt acknowledged by the Institute
mathematics and algebra will be sent to each stu- 3 o and hotel registration cards will be
dent. The student should review these materials W sent.
before coming to the course. :3 n~
M1, NJ MW M, 1141 Imp
CITY OF TIGARD OREGON
Con e ,n LA e a COUNCIL AGENDA ITEM SUMMARY
q-o 1rl;yl88
AGENDA OF: 88 DATE SUBMITTED: October 14, 1988
ISSUE/AGENDA TITLE: CPA 88-04 PREVIOUS ACTION: Reviewed by Planning
ZC 88-10 (Mielnik) Commission on 10/4/88
PREPARED BY: Keith Liden
DEPT HEAD OK CITY ADMIN 014 REQUESTED BY:
POLICY ISSUE
INFORMATION SUMMARY
On October 4, 1988, the Planning Commission reviewed the above application and
voted to recommend denial of the proposal. Attached is a copy of the
applicant's submittal, staff report recommending approval, written testimony
reviewed at the Planning Commission hearing, and Commission minutes.
ALTERNATIVES CONSIDERED
1. Deny as recommended by the Planning Commission.
2. Approve as recommended by the Planning Division staff.
FISCAL IMPACT
i
t
f
SUGGESTED ACTION
Approve as recommended by staff.
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TREATMENT =m°o ~ ~ Ao ~
STAFF REPORT AGENDA ITEM 5.2
OCTOBER 4, 1988 - 7:30 P.M.
TIGARD PLANNING COMMISSION
TIGARD CITY HALL - TOWN FALL
13125 SW HALL BLVD.
TIGARD, OREGON 97223
A. FACTS
1. General Information
t
CASE: CPA 88-04 and ZC 87-10
REQUEST: Comprehensive Plan Amendment from Low Density Residential
to Medium Density Residential and Zone Change from R-4.5
(Single Family Residential, 4.5 units per acre) to R-7
(Single Family Residential, 7 units per acre) for 13.16
acres.
APPLICANT: Leonard & Lucie Mielnik OWNER: John & Naomi Loewer
426 Mastick Avenue Richard & Barbara Bradley
San Bruno, California 94066 Walter & Joan Brooks
Gary Mark Frey
Leonard & Lucie Mielnik
LOCATION: West of SW 76th, south of Gentlewoods Subdivision, east of
SW 79th, and north of Bond Park Subdivision (WCTM 2S1 12CA
Lots 700, 3500, and 3600; WCTM 2S1 12CD Lots 200 and 300).
2. Background Information
In December 1986, the Tigard City Council gave conditional approval to
the Albertson's Comprehensive Plan Amendment for changing the Plan
designation of several properties located at the southeast corner of
Durham Road and Pacific Highway. This proposal requested redesignation
of these properties from High Density Residential to General
Commercial. The result of this decision was the removal of about 400
potential multi-family housing units from Tigard's inventory of vacant,
buildable land. The Metropolitan Housing Rule (Oregon Administrative
Rules, Chapter 660, Division 7) requires that Tigard provide a housing
opportunity for at least 50 percent multi-family units and a net
minimum housing density of 10 dwelling units per acre on vacant
buildable land within the City's Urban Planning Area. The Albertson's
CPA was granted on the condition of redesignation of sufficient
residential land to higher densities to make up for the housing
opportunity shortfall created by the decision.
Several sites throughout the city, including the parcels involved in
the current application, were considered for increased residential
densities to make Up for the housing opportunity shortfall created by
the Albertson's decision. The subject properties were proposed for
4`.
STAFF REPORT - CPA 88-04 and ZC 87-10 (MIELNIK) - PAGE 1
Plan/zone redesignation from Low Density Residential/R-4.5 to Medium
Density Residential/R-7 (CPA 87-07(D)/ZC 87-02(D)). No actions was
taken by the City on the proposed amendment rezoning for these
parcels. The City decided to increase allowable residential'densit-y on
several parcels near Pacific Highway to meet the requirement of the
Albertson's rezoning.
No other land use applications regarding these parcels have beer)
reviewed by the City.
3. Vicinity Information
These properties are surrounded by the following zoning districts:
R-12 (Medium Density Residential , 12 units per acre) to the south,
and southwest; R-7 (Single Family Residential, 7 units per acre) on
the east and west sides; and R-4.5 (PD) (Single Family Residential,
4.5 units per acre - planned development overlay) to the north.
Subdivision development has already occurred on the south, north, and
west sides of these properties. Part of Bond Park Subdivision is
located to the south. Although zoned R-12, all phases of that
subdivison have protective covenants restricting each lot to one
detached single family dwelling. Gentlewoods Subdivision, situated to
the north of the subject properties, is fully built. Ashford Oaks
Subdivision is currently under development to the west of tax lots 300
and 3600 across SW 79th Avenue. (SEE ATTACHED MAP).
Access from all these subdivisions to Bonita Road and Durham Road is by
SW 79th Avenue and, to a minimal extent, from SW 76th Avenue. A second
phase of Ashford Oaks subdivision has recently been approved which
would provide for a road connection between SW 79th Avenue and Hall
Boulevard.
4. Site Information and Proposal Description
The lot sizes of these parcels which total 13.16 acres, range from just
under 2 acres up to 5.6 acres. Most of the lots have homes built in a
semi-secluded manner among stands of trees. The terrain is varied with
several areas having slight slopes and swales. The area is mostly
wooded.
The redesignation is desired to allow for single-family development
with smaller minimum lot sizes (5,000 minimum lot size) Lhan is
required in the R-4.5 zone (7,500 minimum lot size). The properties
are all within a designated "Developing Area" in the Comprehensive
Plan. The proposed Plan amendment/zone change would potentially result
in a net gain of 33 residential units.
5. Agency and NPO Comments
The Engineering Division reviewed the proposal and commented that the
proposed redesignation would increase the potential number of
residential units that could be developed in the area, with a
corresponding potential for increased traffic resulting from the
Ic
STAFF REPORT - CPA 88-04 and ZC 87-10 (MIELNIK) - PAGE 2
I
development. Currently, traffic capacity is not a significant concern
on adjoining streets. The small potential increase in traffic that
could result from the proposed redesignation would riot have a
" significant impact on traffic capacity. (i
Tigard School District 23J commented that, at the current time, the
area considered for redesignation is in the Durham Elementary School
attendance area. Durham School, as it now stands, cot-lid not house
children expected to come from this area, especially when considering
other proposed developments in the area if these projects are completed
prior to September 1989. Even with the prospect of additional
classrooms at Durham School by that time, the School District cannot
guarantee that children from the area of the proposed redesignation
will be able to attend Durham Elementary School.
NPO #5 reviewed the proposal and commented that the majority of the NPO
members approve of the current proposal. Other members would prefer f
maintaining the present Plan and zoning designations. The NPO also
noted that the requested redesignation seems to reflect current housing
market conditions.
The Building Division and the Tigard Water District reviewed the
proposal and offered no comments or objections.
No other comments were received.
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Tigard Comprehensive Plan
policies 2.1.1, 6.1.1, 7.1.2, 7.8.1, 8.1.3, and 12.1.1(2), the
locational criteria for the Medium Density Residential designation.
Since the City of Tigard's Comprehensive Plan has been acknowledged by
the Oregon Department of Land Conservation and Development Commission,
an analysis of the proposed amendment's consisting with the state-pride
Planning Goals is not necessary.
The Planning staff has determined that the proposal is consistent with
the relevant portions of the Comprehensive Plan based upon the findings
noted below:
1. Plan Policy 2.1.1 is satisfied because Neighborhood Planning
Organization #5 and surrounding property owners were given notice
of the hearing and had an opportunity to comment on the applicant's
proposal.
2. Plan Policy 6.1.1 is satisfied because rezoning of the parcel with
the R-7 -none will allow for a greater variety of housing types as
permitted uses than are allowed in the R-4.5 zone. Duplexes,
attached single-family residences, and mobile home parks and
subdivisions are permitted uses in the R-7 zone, whereas they are
conditional uses in the R-4.5 zone. The R-7 zone also permits
greater housing densities through requiring a smaller minimum lot
size than the R••-4.5 zone. Together, the greater variety of housing
STAFF REPORT CPA 88--04 and ZC 87-10 (MIEL.NIK ) PAGE 3
types and smaller lot sizes allowed in the R-7 zone should provide
greater variety in type and cost of housing units.
The Planning Commission will be provided with a separate memo which
projects the City's compliance with Oregon Administrative Rules,
Chapter 660, Division 7 - the Metropolitan Housing Rule, based upon
adoption or nonadoption of this and another current Plan amendment I
proposal.
3. Policy 7.1.2 is satisfied because adequate public services are
available in the area of the proposed redesignation. Utility
extensions will be necessary prior to development of these
properties. Extension of necessary services will be a condition of
approval of any future subdivision of these properties.
4. Plan Policy 7.8.1 is satisfied because the Tigard School District
has been informed of the proposal and has therefore been given the
opportunity to plan for any potential increase in school
enrollments resulting from potential increased residential density
in this area.
5. Plan Policy 8.1.2 will be satisfied as a condition of approval of
any development proposal affecting the subject parcels through
requiring that necessary right-of-way dedication and road
improvements be accomplished prior to development.
t
6. Plan Policy 12.1.(A)(2) the locational criteria for the Medium
Density Residential Plan designation, are satisfied for the
following reasons:
a. The area is sparsely populated and has substantial potential
for redevelopment. Adjacent areas are predominantly designated
for Medium Density Residential development and are developing
as such to the south and west. The subject properties,
therefore, are not committed to low density development.
b. Tax lots 3500 and 3600 both front on SW 79th Avenue which is
designated as a minor collector street by the City's
Transportation
Plan map.
C. Development limitations, such as flooding or steep slopes, are
not evident for any of the parcels.
d. Necessary public facilities and services presently have the
capacity to serve additional potential development- on the
properties, with the possible exception of the Tigard School
District. 'The School District has applied for Conditional Use E
approval for construction of additional classrooms at Durham
Elementary School. Development- of the proposed classrooms ~
would greatly improve the School District's ability to serve
additional students that might indirectly result- from approval
of the proposed Plan Amendment/rezoning. x
STAFF REPORT - CPA 88--04 and ZC 87-10 (MIELNIK) - PAGE 4
e. Tri-Met bus service is available on Upper Boones Ferry Road
which is located approximately one-third of a mile from the
site.
JWW
f-. The parcels abut Low Density Residential designated properties
only on the northern edge of the subject site. Because of the
similarities between the lot sizes of Gentlewoods Subdivision
to the north and the minimum lot size that would be permitted
on the subject properties if the Plan amendment-/rezoning is
approved, the Planning Division finds that there is no need for
special buffering provisions between the two areas.
Policy 12.1.1(2)(8) provides criteria for selecting the appropriate
implementing zone for areas that are designated for Medium Density,
Residential development. The Planning Division finds that the R-7
zone's permitted density of 7 dwelling units per acre is better
suited for this area than the R-12 zone's permitted density of 12
units per acre because of 1) the predominance of R-7 zoning
abutting the properties and, 2) the distance of the area from
convenience shopping and bus service. In addition, the R-7 zone is
more compatible than then R-12 zone because the uses allowed in the
R-7 zone are the same as allowed in the abutting areas that are
zoned R-7 and R-4.5 (PD) and also with the uses which have already
been developed in the Bond Park subdivision, whereas the R-12 zone
would permit the development of multi-family dwellings.
Multi-family dwellings would be less compatible with the uses
allowed on abutting properties.
C. RECOMMENDATION
Based upon the above findings and conclusions, the Planning staff
recommends approval of CPA 88-04 and ZC 88-10 amending the Plan map
designation of 13.16 acres between 76th and 79th Avenues and south of
Gentlewoods Subdivision from Low Density Residential to Medium Density
Residential and to also amend the zoning designation from R-4.5 to R-7.
Liden
TF7
PRE"PAR BY: err ffer AP ROVED BY: Kei
Ass s ant Planner Senior Planner
(br•/ 7254D)
I
STAFF REPORT - CPA 88--04 and ZC 87-10 (MIELNIK) - PAGE 5
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CYT Y OF IGARD, OREGON
1'0: Planning Commission
( FROM: Jerry l04'er, Assistant- Planner-
DATE: October 4, 1988
SOBJECT: Metro Housing Rule Compliance
The Metropolitan Housing Rule (OAR 660, Division 7) r•equ.ir•es that the average
density allowed for all undeveloped r•esidentia.l land within the City's
original planning area be a minimum of ten dwelling units per- acre. Two plan
amendment proposals before you tonight could positively affect the City's
overall allowable density on lands that are classified by the Plan as
buildable residential lands.
The City's Plan, as acknowledged by LCDC in 1984, inventoried 1,311 acres of
developable residential land in the City. Zoning at that time pr•ovided.for• a
housing opportunity of 13,110 units, just meeting the Metropolitan Housing
Rule standard. Since that time, seven Plan amendments have been approved
which have affected the inventory. -those r•edesignations provide a current
inventory of 1,290 acres and a housing opportunity for 13,088 units (10.14
units per acre).
Both proposals currently before the Commission would riot. affect the amount of
developable residential acreage of 1,290, but both would increase housing
opportunity in ter-ins of potential dwelling unit,, per-. buildable avr•e in the
City. The Tigard School District proposal would provide an opportunity for- an
additional 24 dwelling units. The Mielnik proposal would provide an
opportunity for an additional 39 dwe.11ing units. The affect of those
proposals on the housing opportunity index is as follows:
1. Approval of Tigard School District proposal
Developable acres - 1,290 acres
Potential dwelling units - 13,112 units
Housing opportunity index 10.16 units/acr-o
2. Approval of Mi.elni.k proposal
Uovelopablo acres - 1,290 acre:;
Pot.ont.ial dwoll.ing uriit.s t3,1I1 dwclli.rnT unit
Iictt.i!;mt:i opl:tctr•tc.ntity .index W. I / uni 1. ::/,arrc
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lant.tal 0weltiny unit:: 13
11~uAirtUttl:ktr'LUrIi I y indi•x iu. i' n~i I •,',t r't• I
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APPLICANT'S STATEMENT
APPLICATION FOR ZONE CHANGE
OF TAX LOT 3500
July 23, 1988
r"
To Whom it may concern,
We are proposing for a zone change on tax lot 3500 from R-
4.5 to R7. We believe that all the location criteria for chang-
ing from low density to medium density are met in the plan desig-
nation paragraphs 6.11, 7.12, 7.8.1, 8.139 8.2.2 .
This change of zoning will benefit the City of Tigard and
the residential community. By having a high quality neighborhood
with affordable family homes, this will only complement the ex-
isting neighborhood.
Some points that we want to bring out are that lot 3500 is
accessible by three roads which are 79th Ave., Gentlewoods Drive
and 76th Avenue. Also, to the west of the property the land is
.facing Trudy Park Subdivision zoned R-7, to the east the land is
zoned R-7, to the north is Gentlewoods subdivision zoned R-4.5,
and to the south only three properties are zoned R-4.5 which then
border R-12.
In addition, here are some statements the support the pos-
sible zone change:
A. Public water, sewer and strom drainage is readily
accesible on 79th Avenue and Gentlewoods Drive.
B. Seventy ninth Avenue is designated by the Comp.
Plan as a minor collector street.
C. Public transportation is available on SW Hall,
only 1/4 mile away, also the land is close to
all major transitways.
In conclusion, by the information that is stated, we believe
that this will be a positive step for the community of Tigard.
Respectfully yours,
Leonard Mielnik
1
October 3, 1988 U
0 C T 4 198
CITY OF TIGNRD
PLANNING DEPT.
Tigard Planning Commission
City of Tigard
13125 SW Hall Boulevard
Tigard, Oregon 97223
Re: File No.: CPA 88-04 & ZC 88-10
NPO 5
File Title: MIELNIK
Applicant: Leonard & Lucie Mielnik
TO THE MEMBERS OF THE TIGARD PLANNING COMMISSION:
We are in receipt of the Notice of Public Hearing for the
above referenced file.
We are not protesting the changes requested, however, we are
very concerned about the severe traffic problem in this area.
In the three and one-half years that we have lived at this
address, we have seen traffic increase to the point where it
is nearly impossible at times to turn onto Durham Road from
79th and 76th. Also, the cars rarely slow down for the curve
and the school zone, making it an extremely dangerous spot.
79th is so narrow at spots that it is terribly dangerous to
use it with the increased traffic. Even with the new right
turn lane on Durham Road at Hall, the problem will not be
much better. There are many times that we encounter a solid
line of cars in a dead stop from the railroad tracks near
Boones Ferry, to Hall.
The bottom line for us is this--if you have plans to correct
the traffic problem in the very near future, we do not oppose
these changes. In the event that there are no plans for this
very dangerous situation, we do oppose any further increase
in the density of building in this area.
Thanl< you.
Sincerely,
~Yy
Mr. and Mrs. John i,. ilagy
7705 SW Bond Street
Tigard, Oregon 97224
(503) 684-2619
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h Tigard Planning Commission ZC ~c`"try
Tigard City Hall
13125 SW Hall Blvd
Tigard, Or 97223
Planning Commission:
We oppose the applicants request for zone change from R 4.5 to R 7
for the following reasons:
O LIVABILITY
O TRAFFIC
O PROPERTY VALUES
LIVABILITY
We selected the area off of 79th between Durham Rd and Bonita Rd in
Tigard for the uniqueness and livability of the area, hillside lots
surrounded with trees. The 13.16 acres in question has many old
growth fir trees, which enhance the total area. At the present R
4.5 zoning, many of these trees can be saved with planning. A
change to R 7 would make it impossible to save these old growth fir
trees.
TRAFFIC
79th between Durham Rd. and Bonita Rd. is reaching capacity. Due to
the narrow roadway and the lack of a shoulder makes 79th street
unsafe for foot traffic, which gives great concern for the safety
of the childern who must walk to and from school and bus stops.
Gentlewoods Drive which is a residential Street in the true sense
will become one of the main routes to and from the new subdivision.
At R 4.5 zoning there would be aproximately 118 auto's added to the
area, R 7 would increase this to 184 autos.
PROPERTY VALUES
A zoning change would not be consistent with the adjacent Gentlewoods
subdivision. A zoning change to R 7 would not allow property values
in the Gentlewoods subdivision to appreciate at the rate they would
at the present R 4.5.
SUMMARY
We can understand why Leonard and Lucie Mielnik of SAN BRUNO,
CALIFORNIA requested this change, it will enable 33 more houses to
be constructed on the 13.16 acres. 92 houses rather then 59. This
is not the San Francisco Peninsula where land is at a premium, this
is Tigard, Oregon where we have plenty of land and have no need to
change the zoning to R 7.
For these reasons, we ask you to deny the proposed zoning change.
t
WE Tl. UNDERSIGNED ARE IN OPPOSI~--ON TO:
File No. CPA 88-04 & zc 88-10 Zone Change R 4.5 to R 7
NAME ADDRESS
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OCT 31988
CITY OF TIGARD
City of Tigard PLANNING DEPT.
13125 SW Hall Blvd
PO Box 23397
Tigard Or 97223
Attn: Craig Hopkins
This disagreement is in response to the request for File # CPA
88-04 & ZC 88-10; Title: Mielnik
No No No we don't want Low Density changed to Medium Density!
SW 79th is a dangerous narrow road with poor visiblit y on
certain areas. More homes per lot in the area would aggreviate
this problem even more. If the developer would make a main
access from Hall Blvd into this area plus widen 79th especially
over the dangerous hills then possibly more homes per lot would
be adequate. But, Mr Mielnik from California does not want that
expense, after all he would much rather squeeze more homes in
the area for only one reason - More Money! Which is why most
land developers form California are here.
David & Jane Andersen
L ~ 6 g S SGJ Cr~t`~/-2 woad'
WN v~ y`ob'
5eptenbeti 30, 1988 r
9ZV.a.td Planning Commi s,4Zon ~hCOFORO
j
•te: 9.i to no. CpR 88-04 6 ZC88-10
9itte: Nzetn,ik
beast 5,i eta:
On the •terf"4-t to change .teaidentiat denar ty Jtom
4.5 to 7, we w.i,ah to p tt go&th aonce &eaaona againat,
th.i,a change.
9i 44t ii the ryua-t t y of home J-Zie Zn. 94a td.
R coapte o t tam Ltl needy enoKgh apace to ZZue and
to achZeue p.tiuacy. ChZtd•ten need a place to play,
a apace between honcea.
ghen, a deuetopment o.t eo^,x mitt' aho"td of ge•t
play apace to ita chi. daen and wat1eZng1bz0yct-l ng.
apace goat adK•Lta and chZtdten. 79th 5tteet ,i.a a
mi.,<t"e of fatnc-cocsrzt2y and town-teiZdenee a-teaa.
She impatat of heavy taa~ jZc on 794h, o-Lth .eta nattow
2-.Lane .toad aeemd dang"oKa. We e,<pe4,ienee thi.4 dange•t
as we watt the.te atmodt daitq. Cato &,ta ente.t 13on.i,ta.
of DK2haa, both of wh.,ch a-te at-teady etowded d"i,ng
,t"h ho ".s.
`Zny totes and tower of t.c ttte honcea de?eater p-tZde
i-n- the comagn.i ty.
go pKt .inade~.,crta taicd pest ho"e nezt doo~t to
e~v~tin~. weft-apaced hosed, tender to deva.LKe oK-t
honcea ' wo-tth.
7heteto,te, we bet--cue it woald be -iraduzlobl.e
to -inc-teaae 12o,;t g-a, S to R-7.
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TIGARD PLANNING COMMISSION
REGULAR MEETING - OCTOBER 4, 1988
1. Vice President Fyre called the meeting to order at 7:45 PM. The meeting
was held at the Tigard Civic Center - TOWN HALL CONFERENCE ROOM - 13125 SW
Hall Blvd., Tigard, Oregon.
2. ROLL CALL: Present: Vice President Fyre; Commissioners Barber,
Rosborough, Peterson, Castile, Newton (arrived
7:50 PM), Moen (arrived 8:40 PM), and Leverett
(arrived 8:50).
Staff: Senior Planner Keith Liden, and Secretary Diane
Jelderks.
3. APPROVAL OF MINUTES
Commissioner Peterson moved and Commissioner Barber seconded to approve
minutes from September 20, 1988, as submitted. Motion carried by majority _
of Commissioners present. Commissioner Rosborough abstained.
4. PLANNING COMMISSION COMMUNICATION
There was no communication.
5. PUBLIC HEARINGS
5.1 COMPREHENSIVE PLAN AMENDMENT CPA 88-03 ZONE CHANGE ZC 88-09 TIGARD
SCHOOL DISTRICT 23J NPO # 6 For a Plan amendment from Institutional to
Medium Density Residential and a zone amendment from R-4.5 (Residential,
4.5 units/acre) to R-12 (Residential, 12 units/acre) for approximately 4
acres. Location: Between Tigard High School and Cook Park, east of 92nd
Avenue (WCTM 2S1 14A, tax lot 100).
COMMISSIONER NEWTON ARRIVED
Senior Planner Liden reviewed the proposal and made staff's recommendation
for approval.
APPLICANT'S PRESENTATION
o Larry Hibbard, Assistant Superintendent, Tigard School District, 13127 SW
Pacific Highway explained that the request was being made because the
School District has a buyer for the property contingent upon the rezoning
of the property.
PUBLIC TESTIMONY
o No one appeared to speak.
PUBLIC HEARING CLOSED
PLANNING COMMISSION MINUTES - OCTOBER 4, 1988 - PAGE 1
o Consensus of the Commission was for approval.
Commissioner Barber moved and Commissioner Peterson seconded to forward
CPA 88-03 and ZC 88-09 to City Council with a recommendation for
approval. Motion carried unanimously by Commissioners present.
5.2 COMPREHENSIVE PLAN AMENDMENT CPA 88-04 ZONE CHANGE ZC 88-10 MIELNIK NPO #
5 Request for a Compr ehensive Plan Amendment from Low Density Residential
to Medium Density Residential and Zone Change from R-4.5 to R-7 for a
13.16 acres. Location: 15390 & 15420 SW 79th Ave., 15685 & 15735 SW 76th
Ave.; 2S1 12CA, lots 700, 3500, 3600, 2S1 12CD 200 and 300 (no address)
Senior Planner Liden reviewed the proposal and the history of the site.
Staff recommended approval. Letters were submitted from Mr. & Mrs. John
L. Hagy noting concerns; from Barbara Strickland and Mr. & Mrs. David
Andersen requesting denial. Discussion followed regarding criteria,
policies, and Durham School.
APPLICANT'S PRESENTATION
o Andy Kady, 797 (7) SW Churchill, applicant's son-in-law, explained that
the Mielnik anticipated that the majority of the lots would be 7500 square
feet, but they needed the R-7 zoning to allow them flexibility because of
the topography of the area. Discussion followed regarding minimum lot
size, average lot sizes, and property owners involved.
o Bill McMonalge, Harr i s-McMonag le, 12555 SW Hall Blvd., Engineer for the
proposal reviewed the history (Partridge Hills Subdivision approval) and
the need for the flexibility with the zone change. He explained that the
problem with 79th is a pre-existing problem. Discussion followed
regarding the density and lot sizes.
PUBLIC TESTIMONY
o Wendi Hawley, 14790 SW 79th, Tigard, 97224, explained that there are
serious traffic problems in the area. She distributed a map and pictures
of SW 79th showing problem of sight clearance. She stated she was not
necessarily opposed only concerned with traffic safety issues.
o Commissioner Castile stated that he works with Wendi and had informed her
of the request as she is not a property owner within 250 feet.
o Jan Limpo, 15270 SW 79th opposed the change. He stated he had not
received a notice and is an adjoining property owner. He was concerned
for safety issues on 79th. He suggested that stop signs be installed
along 79th to discourage people from using 79th to avoid the Durham Rd.
Hall Blvd. intersection. He had seen the previously approved subdivision
and felt it was appropriate for the site.
o Harry Sapporta, 15270 SW 79th read a letter of opposition into the record
and submitted it with 37 signatures.
REBUTTAL
PLANNING COMMISSION MINUTES - OCTOBER 4, 1988 - PAGE 2
o Bill McMonagle explained that the lots abutting the Gentlewood Subdivision
would probably be 7500 square feet because of the topography of the land.
lie stated they would be willing to sign a non-remonstrance for the
improvements to SW 79th Avenue, other than that the only way to make
improvements would be through a LID or a general obligation bond through
the City.
PUBLIC HEARING CLOSED
o Discussion followed regarding stop signs and options available for
changing the zoning, ie planned developed.
o Majority of Commissioners were opposed to the change. Commissioner
Rosborough favored the zone change.
* Commissioner Peterson moved and Commissioner Newton seconded to forward
CPA 88-04 and ZC 88-10 to City Council with a recommendation for d4nial.
Motion carried' by majority of Commissioners present. Commissioner
Rosborough voting no.
RECESS 8:50 PM
RECONVENE 9:05 PM
COMMISSIONER PETERSON LEFT 8:50 PM
COMMISSIONERS MOEN AND LEVERETT JOINED THE PROCEEDINGS 9:05 PM
5.3 COMPREHENSIVE PLAN AMENDMENT CPA 88-05 ZONE CHANGE ZC 88-11 MORSE
BROTHERS INC. NPO # 5 Review Planning Commission's recommendation for a
Comprehensive Plan Amendment from Light Industrial to Heavy Industrial and
a Zone Change from I-L (Light Industrial) to I-H (Heavy Industrial) for
4.83 acres bounded on the west by Burlington Northern railroad tracts and
on the east by the Southern Pacific tracks and located approximately 1,000
feet south of Bonita Road. (WCTM 2S1 12AC, lot 1000, 1100, 1400, and
1500).
o Senior Planner Liden explained that there were two separate proposal
involved, one for a Comprehensive Plan Amendment and Zone Change and the
another for a Site Development Review. The Commission is reviewing only
the Comprehensive Plan Amendment and Zone Change and the Site Development
Review would follow if the Zone Change is granted. He reviewed the
process and procedures for both types of application requests. He made
staff's recommendation for approval. He reviewed a letter that was
distributed to the Commissioners from Kruse Meadows Limited Partnership.
Discussion followed regarding the process for Site Development Review and
the criteria for changing the Comprehensive Plan.
APPLICANT'S PRESENTATION
o Paul Hribernick, Attorney, 1200 The Bank of California Tower, Portland,
97205, stated that they meet all three of the criteria. lie explained that
they have a number of people who would be participating in their
presentation. lie reviewed who would be speaking and what- issues they
would be addressing.
PLANNING COMMISSION MINUTES - OCTOBER 4, 1989 - PAGE 3
OPPONENTS
o Steve Pfeiffer, 900 SW 5th, Portland, 97204, attorney representing Pacific
Realty Associates submitted a letter in opposition and reviewed concerns
addressed in the letter.
o Harry Sapporta, 7745 SW Gentlewood Drive, reviewed and submitted a letter
of opposition signed by 42 residents into the record.
o Jan Limpo, 15270 SW 79th, opposed the change. He explained that his
neighborhood looks across to the area being proposed for this change. He
was concerned about truck noises and fumes.
o Richard Buono, 111 SW 5th, Portland, 97204, representing Pacific Realty
Associates opposed the request. He submitted a copy of his remarks.
o Leon Hartvickson, 111 SW 5th, Portland, 97204, representing Pacific Realty
opposed the requested zone change He presented slides of the area showing
projects developed by Pacific Realty. He stated that their develops are
95 percent occupied. He expressed concerns regarding the traffic patterns...
o Rich Basham, 5285 SW Meadow Rd. # 131, Lake Oswego, 97045, representing
Spieker Partners, reviewed the sites they have developed. He stated they
are also 95% occupied and he supported the previous testimony in
opposition.
o Steve Myers, 16075 SW Upper Boones Ferry Rd., on behalf of Northwest
Landscape Industries, opposed the request. Their concern was for the
aesthetics value and consequences that would result with the change. He
supported the previous testimony that there was not a mistake made and
that the request did not meet the criteria.
o Jeff Sackett, The Koll Company, 8205 SW Creekside Place, Beaverton, 97005,
requested that the Planning Commission recommend denial to the City
Council because the wide variety of heavy industrial uses which would be
permitted outright with the zone change would be incompatible to the
area. He submitted a letter in opposition.
o Tom Wolterink, The Koll Company, stated he had reviewed the Morse Brothers
proposal and saw numerous problems. He felt their landscaping would be
insignificant and the use incompatible.
REBUTTAL {E
1
o Frank Morse stated that the train would stop traffic less time than a stop
light. He challenged that with screening and buffering that their use
would be incompatible. He felt their trucks would riot be any worse than
trucks from manufacturing plants.
o Robert Price, David Evans & Associates, stated that their use will be
compatible since this will be an enclosed operation. That this proposal
is similar to one approved east of Cornelius Pass Road and they have had
no problems.
PLANNING COMMISSION MINUTES - OCTOBER 4, 1988 - PAGE 5
o Paul Hribernick stated that this will be an enclosed facility and with the
advance technology it would make this use compatible; that light
industrial uses would also have negative impacts; that Bonita Road
between 74th and 72nd would be vacated to allow truck traffic; that they
have addressed all the criteria. fie asked that the Planning Commission
forward a favorable recommendation to City Council based upon the findings
submitted by the applicant.
PUBLIC HEARING CLOSED
o Discussion followed regarding the property being developed only as =
proposed if the zone change is approved, applying a PD overlay, and
possibility of changing the Code to allow this type of use as a
conditional use in the light industrial zone.
o Consensus of Commission was for denial.
x Commissioner Moen moved and Commissioner Rosborough seconded to forward
CPA 88-05 and ZC 88-11 to City Council with a recommendation for denial
based on the :findings that they did not meet the following criteria: 1).- !
The change is consistent with applicable plan policies; 2) A change in
physical circumstances has occurred since the original designation; or 3) `
'A mistake was made in the original land use designation. Also, based on
volume II, page 1, of the Comprehensive Plan: 1. Prohibiting development
which would cause a diminution in the existing quality of life for the
residents of Tigard; and 7. Reducing the uncertainty.of the development
process. Motion passed unanimously by Commissioners present.
6. OTHER BUSINESS
o There was no other Business
7. ADJOURNMENT 12:25 AM
i
Diane M. Jelderks S cretary f
i
ATTEST: F
Milt Fyre, Vice President
dj/7396D
PLANNING COMMISSION MINUTES - OCTOBER 4, 1988 - PAGE 6
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: November 14, 1988 DATE SUBMITTED: October 28, 1988
ISSUE/AGENDA TITLE: Shurgard Appeal PREVIOUS ACTION: Public hearing with
of CU 88-04 . Planning Commission on 9/20/88 M
Civil Infrac n Case 88-115-Z PREPARED BY: Deborah A. Stuart
DEPT HEAD CITY ADMIN OK REQUESTED BY:
INFORMATION SUMMARY
A request for a Conditional Use approval to construct a 90,000 square foot
mini-storage facility and to vary the required number of parking spaces from
93 to 4 was reviewed by the Planning Commission in December 1985, and was
approved subject to the fulfillment of 15 conditions (CU 5-85/PD 4-85/V
18-85). This facility was subsequently completed and occupied.
A warning letter and a notice of infraction (Case 4488-115-Z) were sent by
staff on June 28, 1988, indicating the need to apply for a Conditional Use
permit based on the fact that trucks were being rented from the property.
Permanent removal of the trucks was required by July 6, if no conditional use
request had been filed by that time. This request was submitted on
July 28, 1988, and to date the trucks are still on the property.
The applicant wishes the Council to consider an appeal of the Planning
Commission's denial of a Conditional Use application to allow storage and
rental of trucks as ancillary to the established use of the site for
mini-storage warehouses. The property is zoned C-G (PD) (Commercial General,
Planned Development).
Staff recommends that should the Planning Commission denial be upheld, that
removal of the trucks be completed within 10 days of this Council Decision.
Attached are a vicinity map, site plan, applicant's statement, the minutes,
and transcripts, the staff report and the Commission's Final Order to the
Planning Commission meeting of September 20, 1988.
===s=====__=====xac==-----~•----.,.----a==----x---- -a=a=.=a---a-=aa---•----m===
ALTERNATIVES CONSIDERED
1. Uphold the Planning Commission denial of CU 88-04.
2. Modify the applicant's request with respect to the number of trucks and
approve CU 88-04 with conditions.
====x======o=cacx==a=x==3=9=~===_==.==xa===x3========x====a====."333==ax=a==max=
FISCAL IMPACT
None
===axn=a=a==.=x=qac==x=.=xxa==az====a===axsatacsscc====nx==aaxmaa=z=x=aa=a.=3mca==
SUGGESTED ACTION
1. Uphold the Planning Commission's denial of CU 88-04 and direct staff to
prepare a Final Order.
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SELF STORAGE
KING CITY OFFICE: 15700 S.W. PACIFIC HIGHWAY / TIGARD, OR 97224 / (503) 684-5564
Mr. Jerry Offer
Assistant'Planner Community Development
13125 S.W. Hall 'Blvd.
Tigard, Oregon 97223
Dear Sir:
The following is a short narrative to help clear up
some concerns:
1. The same office will be used for Shurgard self Storage
and Ryder Truck Rentals.
2. Shurgard will have the parking area for the trucks
marked off in stripes/graphics.
3. Shurgard will not have any more than 6/8 trucks.
4. The above plan would always have 20' clearances
around the buildings for fire department access.
Sincerely,
Darrell L. Austin, Jr.
Senior Manager
5HlJte;AR®THE SAFE ONE
LAND USE DECISION APPE.- FILING FORM
The City of Tigard supports the citizen's right to
participate in local government. Tigard's Land Use
C~ Code therefore sets out specific requirements for ~~~a~
filing appeals on certain land use decisions.
®Q9-r.-ON
The following form has been developed to assist you in
filing an appeal of a land use decision in proper
form. To determine what filing fees will be required
or to answer any questions you have regarding the
appeal process, please contact the Planning Division
or the City Recorder at 639-4171.
1. APPLICATION BEING APPEALED: CU 88-09 PD 88-04
2. HOW DO YOU QUALIFY AS A PARTY: Shurgard Income Properties Ten
3. SPECIFIC GROUNDS FOR APPEAL OR REVIEW:_ The opposing Commissioner's
did not take into view that the site has a special paved
Fire access gate on the corner of the property to allow fire
trucks to enter. Therfore the fire trucks can drive straight
in and don't have to worry about turning.
4. SCHEDULED DATE DECISION IS TO BE FINAL: October 7, 1988
5. DATE NOTICE OF FINAL DECISION WAS GIVEN: September 26, 1988
6. SIGNATURE(S):
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".''x"x""x''x'x"x'x'x"'x'x•('x"(''"x"("'x'x'xX'.x"x.'
FOR OFFICE USE ONLY: Received By: C ~~1PCl¢1 `Date: D IR Time: O-M .
Approved As To Form By: C• LU -t Date: /01S Frk Time: !%3 G.rv~•
Denied As To Form By: Date: Time:
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13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171
Rc
TRANSCRIPT
CU 88-09 and PD 88-04
SHURGARD INCOME PROPERTIES TEN
SEPTEMBER 20, 1988 - 7:30 PM
PRESIDENT MOEN, First is item 5.1. Could we have the staff report please?
SENIOR PLANNER LIDEN, This is a request for a Conditional Use approval to
establish a truck rental business on a piece of property that is currently
being used for mini-storage. It is called Shurgard Mini Storage, and is just
a little bit north of the Willowbrook Center on Pacific Highway. This
application is here, [because] the truck rental business was established
without a Conditional Use approval. A Code violation was issued to the 1
applicant and as a result they have applied for Conditional Use approval.
Some of the Commission members may recall that in 1985 there was Conditional
Use approval granted for the site to establish the mini storage; that has been E
developed completely. The applicant is proposing to rent several moving type
of trucks - do it yourself, I think that they are Ryder, isn't that right?
Yes, Ryder trucks, and they are proposed to be parked near the front of the
development in the existing driveways and paved areas. The Fire District and
the staff share concern about the resulting width of the driveways after the
trucks, or while the trucks are being parked there, for emergency access and }
so forth. With the trucks parked in the location proposed, ai number- of the
driveway areas would be reduced in width to less than the City Code. In [
addition, there are enough parking spaces to serve the mini storage use but no
additional space is proposed for the truck rental business. I don't
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anticipate that, I don't have the Code requirement at the tip of my tongue,
but I don't anticipate that this use would require very many additional
spaces, but probably a couple anyway. It just appears to us that there really
aren't very many options available if we're going to be looking at taking the
site as is and then trying to accommodate truck rentals on the property as
well. As a result the staff is recommending denial of the application.
r
1
1
MOEN, Okay. Thank you. I guess we could go on to...
i
}
TRANSCRIPT SHURGARD INCOME PROPERTIES TEN CU 88-09/PD 88-04 PAGE 2
LIDEN, I guess one other thing I would like to recommend, if the Commission
does decide to deny the application, we don't have a recommendation here, but,
I think it would be appropriate to come up with some sort of a time limit for
when the trucks need to be removed from the site.
MOEN, Okay. Thank you. Could we have the applicant's presentation please?
Okay, my name is MARK and I work at the mini storage at King City.
MOEN, Could you give your last name and your address for the record please.
MARK BLIZZARD, 15700 SW Pacific Hwy., in Tigard. When I came there we got a
notice saying that we had to get the conditional permit. I went and spoke
with Jerry Offer. He said that I could park my trucks along the front aisle,
because where I was parking them was in between the aisle and it wasn't enough
room for [if there] was a fire, it wasn't twenty feet, he told me. So we
measured and I laid out where they are going to be in the front, where there
is plenty of room, where it wouldn't be a fire hazard. They are just Ryder
trucks, they are riot big tractor trailers, it is a good service for my
customers, and I just feel that it is riot really... it is a service to the
community at King City. I don't feel that it is a problem in any way.
My name is DARRELL AUSTIN, I'm the Senior Manager for Shurgard, in the State
of Oregon and southern Washington. My address is 3579 SE 77th, Portland,
Oregon. We met with Jerry several times over the application and I don't know
if any of you people are familiar with the property but the property itself
has a large front onto it in which the buildings..., it's kind of like we are
i
TRANSCRIPT SHURGARD INCOME PROPERTIES TEN CU 66-09/PD 68-04 PAGE 3
stationed here, you are sitting back there and the fence is all, - is actually
bark behind me. It's not like we are parking the trucks right up against the
driveways. When we filed the report with Jerry [Offer] we had a specific map
that showed the details of the trucks which allowed plenty of radius for
turning. We are in the process of..., we had RVs on there..., we're in the
process.. we've notified the people that they have to take their RVs off the
property by the end of this month so we have the twenty foot access for the
fire trucks in the back. Right now, with the way we have proposed it, with
the trucks only parked up front on the map that we have submitted, it allows
the twenty foot minimum access for the Fire Department. I don't know if you
gentlemen have a copy of that map or not.
MOEN, Is this the map that you are referring to?
AUSTIN, Yes that is the map.
MOEN, Okay, they included it with our packet.
AUSTIN, Okay. And we have tried working with them and everything in order to
make this work. The trucks are, we feel, a good..., a good service and would
benefit the people of King City and 'Tigard, but at the same time, also permits
the twenty foot clearance for the fire trucks go through. When you park them
in the pattern that is so designated and we offered to stripe and mark.
MOEN, Okay. Thank you.
AUSTIN, Thank you.
MOEN, I would ask that you might give, how do you spell your last name for
the record. I'm sorry.
It is Darrell Austin, A U S T I N. '
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TRANSCRIPT SNURGARD INCOME PROPERTIES TEN CU 88-09/PD 88-04 PAGE 4
MOEN, Okay, just help our secretary out here a little. Okay. There is no
one else signed up to speak at the public hearing portion of the meeting so I
guess I would ask Commissioners if you have arty questions of staff or the
applicant. Commissioner Owens.
OWENS, I have a question of staff. What was the staff basing the lack of 20
foot access on, if what the applicant states tonight is true. Did you follow
that? I mean, in other words, if he can park his trucks where he ...(pause)..
if he is able to park his trucks the way he's showing on this and have... , I
want to know why there is a discrepancy between what staff has said and what
they are saying. Were the trucks parked someplace different when the staff
measured the widths or...
LIDEN, Deborah Stuart wrote the report and I know that she did go out in the
field to check and she took a tape measure with her to see what was going on
and as far as I know, that is my understanding.
MOEN, Can I make a comment on that? The stipulation from the Fire Department
( is...
OWENS, That was my other question.
MOEN, ...is, if I understand this right, that they need a twenty foot minimum
width, but a 45 foot outside radius.
LIDEN, That is the other problem, yes.
OWENS, Yes, what do they, well that is, okay I've got two questions about why
the Fire Department looked at it and they don't feel that they have twenty
foot width, but...
MOEN, Well,
TRANSCRIPT SNURGARD INCOME PROPERTIES TEN CU 88-09/PD 88-04 PAGE 5
OWENS, Wait a minute please, and the applicant is saying that they do if they
park the vans up front, then. What was the Fire Department looking at? Where
were the trucks parked when the Fire Department came? Arid outside 40, outside
where?
LIDEN, I don't know where the trucks were when the Fire District went out to
take a look.
OWENS, Arid do you know outside [of] where for the 40 radius?
LIDEN, I am sure that the concern is any of the corners that need to be
negotiated around any of the buildings, but if you marrow the driveway widths
in the front, then the turning radius is reduced to get around the buildings.
So you might be able to go in a straight line right in front of the buildings,
but trying to turn into any of the aisles to go east would be a problem.
OWENS, Okay.
SECRETARY, I might add that the Fire Department was sent a copy of the map -
the plan submitted by the applicant, so that is what they where reviewing.
The same plan that you have before you.
OWENS, Okay. Where did you get that figure?
MOEN, Well, the 45 feet is part of the record. Its a 45 foot outside radius
and to me...
OWENS, Now wait a minute, is that 45 with the truck here or with the truck
gone.
MOEN, Well, scaling off- this map, this is about 45 feet right there, and I
question whether the development as built, will give you 45 feet, much less
parking trucks there. Commissioner Peterson do you...
i
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{
3
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TRANSCRIPT SHURGARD INCOME PROPERTIES TEN CU 88--09/PD 88.04 PAGE 6
PETERSON, Commissioner, Barber, has a question.
MOEN, Commissioner Barber?
BARBER, I, it wasn't really a question except that I want to be sure that
what I'm going to say is proper. I did talk to Deborah [Stuart] this
afternoon because I wasn't sure about why there wasn't a minimum 24 foot wide
access drive, and I asked her if the access drives included not only the
access from a public highway, but also the drives on the site itself, and she
said yes. She said that when she measured the distance between the front of
the property to the edge of the building that it is approximately 30 to 35
feet, and when you subtract from that the width of the truck that it leaves
less than the 24 foot width, which is required under one part of this Code,
18.108.080.
MOEN, Okay.
LIDEN, That is correct. I guess we have two standards that are being thrown
around. One is the Code standard for two way driveways, which is 24 feet, and
then the Fire District has a minimum that they typically use of 20 feet for
the purpose of fire access - emergency access.
MOEN, Okay. Any further questions)
PETERSON, Keith, the City's only objection is the fire clearance problem, is
that correct?
LIDEN, Yes. I think that we really see the clearance for the vehicles and so
forth as being the main problem. That this was designed apparently, you know,
at least when we reviewed this before there was nothing mentioned about
possibly renting trucks or storage of RU or any of that type of thing
outside. That everything was going to be stored inside and there was no
provision made for parking vehicles.
TRANSCRIPT SHURGARD INCOME PROPERTIES TEN CU 88-09/PD 88-04 PAGE 7
MOEN, Let me ask one other question, if I might. Given, let us say that
there wasn't a problem with the fire portion of it, would staff have a
problem? It looks to me like wee changed the number- of required parking places
from 93 to 4 for a normal building versus this mini storage. Now if there was
ample room for parking the trucks and you are going to have a truck rental
there, would you still be satisfied with four parking places to handle traffic
coming in to rent- the trucks? I guess that...
LIDEN, I would have to look at the standard for that.
MOEN, Because we, I think there was a variance granted to allow for the Four-
par-king spaces, if I read the...
LIDEN, There was.
FYRE, Is this facility a Conditional Use? Straight out?
LIDEN, Yes.
MOEN, The facility is, number one, and then renting...
FYRE, Then in addition to that the variance for the parking lot was also
granted.
MOEN, Yes.
BARBER, She said that if it is going to be approved that she would recommend
four additional spaces be created.
MOEN, Oh, okay, the staff has already recommended in the report that four
s;
additional spaces [be constructed], if we approve it.
LIDEN, That is in the report? G
r.
u
iF
TRANSCRIPT SHURGARD INCOME PROPERTIES TEN CU 88-09/PD 88-04 PAGE 8
MOEN, That is in the report.
LIDEN, I was just going to say...
MOEN, Commissioner Barber found it for me.
LIDEN, Okay, good. Yes -the standard is one space for 1000 square feet of
gross floor area, and that is assuming that you would have some sort of a
building, but not less than four spaces for each establishment, so we would
just rely on, I think, in this case, the minimum - if that happens.
MOEN, Okay. Very good, any further questions? I am going to close the
public hearing and ask the Commissioners for their comments. Commissioner
Leverett?
LEVERETf, Well it looks to me like we are only talking about the 24 feet,
[which] I don't think is a real factor. I guess the 20 feet is the... I'm
inclined to approve it if they can meet the fire code.
MOEN, Okay. Commissioner Fyre?
FYRE, Two concerns. One is this was a Conditional Use in the first place,
which raises a question: If the time the first request was made, if truck
rental was in addition to the mini storage, would Planning Commission have
approved it at that time. We are kind of encroaching on the original
decision, that is one concern. The other concern I have is the Fire
Department is recommending against this, and so is staff. I would be hard
pressed to support.
MOEN, Thank you. Commissioner Barber?
BARBER, My feelings are the same. There was no permit requested for starting
this second business, and then of course the fact that the Washington County
Fire Department has somewhat recommended against it, and because it doesn't
meet the Code for the 24 foot access. So I would recommend denial.
TRANSCRIPT SNURGARD INCOME PROPERTIES TEN CU 88-09/PD 88-04 PAGE 9
MOEN, Okay. Commissioner Peterson.
PETERSON, Well I, of course, have the same problems; if the Fire Department
is against it then we would have to be against it, but I'm sure that is going
to be the consensus here, I was thinking perhaps that this... I would probably
be in favor of it if the four parking places could be granted and they could
get an okay from the Fire Department. So I'm thinking perhaps this thing
should be tabled for a month, or so, to see if it can be worked out. If it
can't I don't think that there is any doubt about- the feeling of the
Commission.
MOEN, Okay. I guess, I kind of concur-. My thoughts, I kind of concur, with
what has already been said. I would make the comment that, I think that they
can meet, and I understand from that; I would concur with the applicant that
he can meet the 20 foot minimum width requirement, but I don't see any way
that he can meet - just looking at the scale of this map, that he can meet the
45 foot turning radius. I question whether, where the fence is now, meets the
45 foot turning radius. You know, the way it is around the corners of the
building. To me that proves, I really have a problem in that we granted this
with a very minimum of parking places. If you are going to have the truck
rental, to my mind it is sort of a retail business, which will generate some
traffic. And you have to find places on that small triangle of property to
the north to both park trucks and to have additional parking spaces and I
really don't see that it is in the cards. Even if you jocky all the fences
around and everything else, I don't think it will fit. Commissioner Owens.
OWENS, Well, I think that I don't have anything different to say from what
the other Commissioners have said. I agree that I don't think that I can
approve this as it is.
MOEN, Commissioner Castile.
C
TRANSCRIPT SHURGARD INCOME PROPERTIES TEN CU 88-09/PD 88-04 PAGE 10
CASTILE, Even if there was a enough room I still have problem with having
these vans parked out there broadside across the - on Pacific. Highway, and
taking up so much space and in a truck parking area and then along with
everything else that has been said I wouldn't be in favor of it.
MOEN, Okay. Commissioner Fyre would you like to make a motion? No. Well, I
have another, quick question of staff-. Keith, we have a number, of mini storage
facilities around, I don't know if they are Conditional Use or not, could any
of those start up a truck rental if they so chose or would they have to come
in for a variance?
LIDEN, If they wanted to start one now they would all have to come for a
Conditional Use at least if they are in the commercial general zone. I
believe in the industrial -none it is allowed, then it would be a site
development review, but in the case of any of the commercial zones C-G.
FYRE, Okay.
LEVERED'(', How about U-Haul up on Pacific Highway?
LIDEN, U-Haul has been established, was established when it was in Washington
County.
FYRE, That is a nun.-conforming use, a pre-existing use.
MOEN, It is grandfathered in.
LIDEN, Yes, it is a pre-existing use.
LEVERETT, But they park big RVs in front of their, establishment.
LIDEN, Yes I know.
MOEN, Commissioner Fyr•e, would you like to make a motion?
TRANSCRIPT SHURGARD INCOME PROPERTIES TEN CU 88-09/PD 88-04 PAGE 11
FYRE Let us discuss it for just a second. If what Mr. Peterson said is
tenable, we could table it. Maybe that would be to the applicant's advantage,
maybe not, I don't know. Is there any discussion about that?
PETERSON, Well, I would say if it is tabled, I think the applicant is still
going to have to come back and present a case for parking the trucks there,
and this is a Conditional Use permit to start out. I think there is, you know
there is a question there, but...
MOEN, I would suggest that maybe we go ahead and throw this out, that maybe
we start for a motion for denial, since that seems to be the consensus of the
Commission. I would caution though that the Commission members if they wish
to entertain, I guess the questions that they have to ask themselves, if the
motion fails and Commissioner Peterson wishes to make another one. I guess
they really have to ask themselves, I think it is in the applicant's best
interest if the consensus of the Commission is looking at that site, and this
is my feeling anyway, that I don't think that it is going to be a practical
way to fit that on that site. We can make a decision now and get it over
with, if you think there is. Then maybe, I guess whoever wants to make a
motion first can go for it.
FYRE, I'll move for denial.
MOEN, Based on the staff- findings?
FYRE, Conclusions, etc.
OWENS, I'll second.
MOEN, Okay, second. Further discussion... All those in favor of the motion
made and seconded signify by saying aye.
COMMISSIONERS Moen, Owens, Fyre, Castile, and Barber, Aye.
TRANSCRIPT SHURGARD INCOME PROPERTIES TEN CU 88-09/PD 88-04 PAGE 12
MOEN, Opposed.
PETERSON AND LEVERE1 , Aye.
MOEN, Okay, that is two against, five to two.
SECRETARY, How about the condition that staff had recommended for a time
frame to have the trucks removed.
FYRE, I would like to comment about that. I, for some reason I don't [feel]
that is a Planning Commission's call. Keith, why are you asking us to set
son►ething, that to me, seems like a enforcement issue?
LIDEN, Well, we can deal with it with enforcement, I just, clarification of
informing the applicant now.
MOEN, Well, I think that could be. I think it would be best handled by
staff, I think it should be some reasonable time. I would say that, to the
applicant that, at least in my feeling, it is not that we are against having a
rental truck in the neighborhood, and that is a service. We just really have
a problem with this particular site and putting them on there. My personal
feeling anyway. So the motion is passed and that is it for that item.
7453D
TRANSCRIPT SHURGARD INCOME PROPERTIES TEN CU 88-09/PD 88•-04 PAGE 13
11110
f
\ TIGARD PLANNING COMMISSION `
REGULAR MEETING - SEPTEMBER 20, 1988
1. President Moen called the meeting to order at 7:40 PM. The meeting was
held at the Tigard Civic Center - TOWN HALL CONFERENCE ROOM - 13125 SW
Hall Blvd., Tigard, Oregon.
2. ROLL CALL: Present: President Moen; Commissioners Owens, Barber,
Fyre, Rosborough, Peterson, Castile, and Leverett.
Absent: Commissioner Newton.
Staff: Senior Planner Keith Liden, and Secretary Diane
Jelderks.
3. APPROVAL OF MINUTES
Commissioner Barber moved and Commissioner Castile seconded to approve
minutes from *September 6, 1988, as submitted. Motion* carried' by majority
of Commissioners present. Commissioners Owens, Fyre, and Leverett
abstained.
4. PLANNING COMMISSION COMMUNICATION ,
President Moen stated he had the final order and the transcript from the
hearing for SDR 88-17, PD 88-04, and V 88-27. Discussion followed
regarding conditions of approval. Consensus was that the final order
needed to include their request for the. fence to be at the option of
{ adjoining property owners and the language needed to be explicit about
protecting abutting property owners' trees.
COMMISSIONER ROSBOROUGH EXCUSED TO LEAVE 7:50 PM
5. PUBLIC HEARINGS
Z4~':`#.
j I ` DELI I'Oi~MENT .'PD 88-0$ URGI~R~ (~4P'lE :
PROP TE fl~t - PO`_W5. '2. e
Fe
st for Conditional Use approval to allow
storage and rental of trucks as ancillary to the established use of the
site for mini-storage warehouses. Zone: C-G (PD) (Commercial General,
Planned Development-). Location: 15700 SW Pacific Highway (WCTM 2S1 lODC
lot 300).
Senior Planner Liden reviewed the history of the site and concerns
regarding pavement widths. He made staff's recommendation for denial
suggesting that a time frame be given to have the trunks removed from the
site.
APPLICANT'S PRESENTATION
o Mark Blizzard, Manager, 15700 SW Pacific Highway, explained that they had
measured the area and had moved the trucks so they would have a minimum
pavement width of 20 feet. He stated that the truck rental is a benefit
to their customers.
PLANNING COMMISSION MINUTES SEPTEMBER 20, 1988 - PAGE 1
o Darrell Austin, SeJ Manager Shurgard, 3579 SE 77'x.., Portland, reviewed
the layout that was submitted to the Commission and stated that they had
removed the RV storage. He added that the trucks are a good service, that
they meet the 20 foot clearance, and they would be willing to strip the
parking area.
o Discussion followed regarding the 20 foot minimum; 45 foot out:-.de radius
and the original approval for the existing conditional use.
PUBLIC TESTIMONY
o No one appeared to speak.
PUBLIC HEARING CLOSED
o Commissioners Leverett and Peterson favored approval if the applicant
could met the Code requirements.
o Commissioners Fyre, Barber, Moen, Owens, and Castile had concerns that the
Code requirements could be met or if they would want 'this type of use to
be allowed at this particular site because of the PD overlay.
o Disucssion followed regarding what process other existing mini-storages
would have to go through to add this type of use.
* Commissioner Fyre moved and Commissioner Owens seconded to deny CU 88-09
and PD 88-04 based on staff's findings and conclusion and for staff to
prepare the final order and President Moen to sign the final order.
Motion carried by majority of Commissioners present. Commissioners
Leverett and Peterson voting no.
5.2 SIGN CODE EXCEPTION SCE 88-03 FRED MEYERS (HEATH SIGNS) NPO # 8
Request to construct a freestanding sign 22 feet high and 129 square foot
per side where the Code allows a maximum size of 90 square feet per side.
Two existing freestanding signs are proposed to be removed. Zone: C-G
(Commercial General) Location: 11565 SW Pacific Hwy. (WCTM iS1 36DB, lot
201 and 1Si 36AC, lot 3400).
Senior Planner Liden reviewed the proposal and made staff's recommendation
for approval with 4 conditions. He added that if the Commission
determined that the parcel pick sign is a directional sign they could
allow the sign and grant an exception for the size. Pictures were
distributed of the sign to the Commission by the applicant. Senior
Planner Liden read a letter of opposition into the record from James
Walker.
APPLICANT'S PRESENTATION
o Rick Fusan, Heath Sign, 175 NE Columba Blvd., Portland, explained that
they are reducing the size of the main sign; there is no logo on the
parcel pick up sign and it is hidden from street view; and they fall
within the guidelines for sign code exceptions.
PLANNING COMMISSION MINUTES SEPTEMBER 20, 1988 - PAGE 2
TIGARD PLANNING; COMMISSION
- FINAL ORDER NO. 88 11 PC
A F:l:NAL. ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH APPROVES AN APPLICATION
FOR A CONDITIONAL USE (CU 88-•09) AND PLANNED DEVEI_OPMEN-r (PD 88••--04) REQUESTED
BY SHURGARD INCOME PROPERTIES.
The Tigard Planning Commission reviewed the above application at a public
hearing on September, 20, 1988. The Commission based its decision upon the
facts, findings, and conclusions noted below:
A. FACTS
1. General Information
CASE: Conditional Use 88-09 and PD 88-04
(Civil Infraction Case # 88-115-Z)
REQUEST: A request for a Conditional Use approval to allow storage
and rental of trucks as ancillary to the established use of
the site for mini-storage warehouses. Zoning: C-G (PD)
(Commercial General, Planned Development).
COMPREHENSIVE PLAN DESIGNATION: C-G (Commercial General)
C ZONING DESIGNATION: C-G (PD) Commercial General, Planned Development
APPLICANT: Arthur W. Buerk OWNER: Shurgar•d Income Properties
Shurgard Income Ten ,
Properties Ten 999 3rd Ave Suite 1001
999 3rd Ave Suite 1001 Seattle, WA 98104
Seattle, WA 98104
LOCATION: 15700 SW Pacific Highway (WCTM 2SI IODC, Lot 300)
i
2. Background Information
A request for a Conditional Use approval to construct. a 90,000 square
foot mini-storage facility and to vary the required number of parking
spaces from 93 to 4 was reviewed by the Planning Commission in December,
1985, and was approved subject to the fulfillment of 15 conditions (CU
5-85/PD 4-85/V 18-85). This facility was subsequently completed and
i
occupied.
A warning letter and a notice of infraction were sent by staff on
June 28, 1988, indicating the nerd to apply for a Conditional Use permit
based on the fact that trucks were being rented from the property.
i
FINAL ORDER NO. 88 - 11 PC (SHURGARD INCOME PROPERTIES TEN) - PAGE 1
t
Permanent: removals r the truck:, was roquirod ( y July 6, if no
conditional use request, had been filed by that time. This request was
submitted on July 28, 1988, and to date the trucks are still on the
property. -
3. Vicinity Information
Properties to the north and southwest are also zoned and developed as
C-G (PD). Properties to the east and south are zoned and developed as
R-25 (PD) (Multi-Family Residential, 25 units/acre, Planned
Development). The west boundary abuts Pacific Highway and King City is
on the apposite side of the highway.
4. Site Information and Proposal Description
The site now contains 90,000 square feet- of mini-warehouse units, an
office and four parking spaces. A wrought iron fence was built- along
the front of the development.
During a recent site visit, staff- noted two trucks which were parked
between buildings 2 and 3 and several boats on trailers parked along the
northern property line.
The applicant proposes to store and rent up to 6-8 rental trucks on the
property. These would consist of one 32 foot truck, four 32 foot- or 6
parcel vans, and one 22 foot truck. Parking for these vehicles is
proposed to be adjacent to and inside the wrought iron fence. No
additional office space is proposed.
5. Agency and NPO Comments
Portland General Electric, General Telephone, the State Highway
Division, the City Engineering and Building Divisions, and the Tigard
Water District have all reviewed the proposal and have no objections to
it.
The Consolidated Fire District of Washington County has the following
comments:
Storage of trucks on this site is not acceptable as the driveways around
the buildings only meet minimum requirements for fire department access
widths and turning radii (20 foot minimum; 45 foot outside radius).
No other comments were received.
B. FINDINGS AND CONCLUSIONS
The storage and rental of trucks is classified by the Tigard Community
Development Code use definition section as "Automotive and Equipment:
Sales/Rentals Heavy Equipment" (18.42.020(c)(6)(G)). This use is listod
as one permitted only with a conditional use permit- in the C-G zoninc.l
district. Because this pr•oport.y also has a Planned Development. ,.-ono
designation, this request is heard by the Planning Commission, and not
the Hearings Officer.
FINAL ORDER NO. 88 - 11 PC (SHURGARD INCOME PROPERTIES TEN) - PAGE 2
At the time of t~ original cor►ditional use revi( a r•equost For- then
affiliated rental t-r•uck business was not made. As a result, this
separate request is being made.
Section 18.130.150(c)(5) contains dimensional standards for, automotive
rental businesses. The only requirement over arid above what: is
normally required in the C-G zone is that "five feet of the perimeter.
setback shall be used for landscaping and screening purposes." The
original site plan provided for such a buffer.
Parking regulations for a heavy automotive rental use are contained in
Section 18.106.030(c)(7)(F). Required is one space for each 1,000
square feet of gross floor area, but not less than 4 spaces for each
establishment. The Commission originally approved the initial parking
variance request because it was felt- that mini-storage warehouses
operate differently, have far fewer employees than warehouses, arid
customer- parking would be conducted in front of the units. Because the
storage and rental of trucks would require additional space, and it is
not desirable to further reduce the access drives to accommodate the
trucks, it appears that a minimum of 4 additional spaces should be
created to accommodate the trucks. 'The existing development- of the
site will make it difficult to provide the additional four spaces.
Storage of the vehicles as proposed by the applicant would not provide
for a minimum 24 foot wide access drive along the western or Pacific.
Highway frontage. At present there is approximately 30-35 feet of
clearance between buildings 1 and 2 and the fence. There is only 20--24
feet between buildings 1 and 3 and the north and south fences
respectively. therefore, the placement of 12 foot wide trucks in the
two corners could well block the access and egross on the site unless
access corridors were redesigned to become one-w.-Ay corridors. Because
the fire district requires a minimum of 20 feet in width for one and
two way access drives, and because it seems inconceivable that a large
fire truck could turn at the front corners if trucks were parked there,
a redesign to accommodate the truck business and fire district.
standards does not appear to be possible.
C. 'DECISION
The Planning Commission denies CU 88-09 and PD 88-••04 based upon the
above findings and conclusions.
It is further ordered that the application be notified of the entry of this
final order.
y~
PASSED: This day of September, 1988, by the Planning
Commission of the City of Tigard.
A. Donald Moen, President
Tigard Planning Commission
ke/7131D
FINAL ORDER NO. 88 - 1-1 PC (SHURGARD INCOME PROPERTIES TEN) PAGE 3
- r.
MACKENZIE/SAITO & ASSOCIATES, P.C., OREGON
MACKENZIE/SAITO & ASSOCIATES, P.S., WASHINGTON
ARCHITECTS-PLANNERS ?
0690 SW. BANCROFT STREET PORTLAND. OREGON 97201 (503) 224-9570
November 9, 1988
i
Washington County Fire District
Attentioni Jerry Runyan
Fire Marshals Office
P.O. Box 4755
Beaverton, Oregon 97076
Re: Shurgard/Ryder Truck Appeal
Fire Truck Test Run Through Shurgard Self-Storage Facility
Project Number 288666
Dear Jerry:
This letter is to confirm our telephone conversation of November 9, 1988, during which
you indicated that your crew accomplished a test run of a fire truck (pumper) through
the "delineated accessway" (fire lane provided if the Ryder trucks are parked as shown
on the November 8, 1988, site plan). The driver was able to maneuver the fire truck
on the site to the satisfaction of the Washington County Fire District.
You also indicated that the proposed Ryder truck rental use on the site, if striped
to ensure proper parking, is acceptable to the Washington County Fire District, and
this letter may be used as documentation of such approval to the City Council, if
necessary.
Please reconfirm your agreement with the above statements by signing in the space
provided below and returning a copy of this letter.
If you have any questions, please call.
Sincere
Tom r gh , lanner
TW/jcr
cc: Tigard City Council
Darrell Austin - Shurgard
Keith Liden - City of Tigard, Planning
I- V
//-/0- ~a
erry R yan, Fir Marshal Date
Washington County Fire District
MACKENZIE/SAITO & ASSOCIATES, P.C., OREGON
MACKENZIE/SAITO &ASSOCIATES, P.S., WASHINGTON
ARCHITECTS-PLANNERS
0690 S.W. BANCROFT STREET PORTLAND, OREGON 97201 (503) 224-9570
November 9, 1988
Tigard City Council
13125 S.W. Hall Blvd.
P. 0. Box 23397
Tigard, Oregon 97223
RE: Shurgard Storage Center - Conditional Use for Truck Rental
Project Number 288666
Dear Council Members:
On November 14, 1988, you will consider an appeal of the Planning Commission's denial
of a Conditional Use Permit for truck rental at the Shurgard Storage Center. A review
of the Planning Commission hearing transcript indicates that the key concern was
whether adequate fire vehicle access would be available with the rental trucks on
site. The Planning Commission did not recognize the existence of the fire vehicle
access drive, or the actual dimensions of the affected aisles, in rendering its
decision.
In order to address this issue, we have accurately delineated the required twenty
foot wide aisle and forty-five foot outside turning radius on the site plan. You
will note from the attached drawing that two truck spaces and one van space are
available, while preserving the fire access.
The Fire Marshal has preliminarily reviewed and agreed with this plan. To confirm
actual conditions, the Fire Marshal has agreed to arrange for a fire truck to test
the delineated accessway prior to your meeting on November 14, 1988. We will be
prepared to confirm the Fire. Marshal's approval at that time.
Two other issues justify attention: parking and landscaping. Two new customer parking
spaces will be provided to support the truck rental activity. This will reduce the
on-site landscaping from 38,904 sq. ft. (18.0%) to 38,580 sq. ft. (17.9%), which is
still within the Code requirement of 15%.
Thank you for your review of this matter.
Sin
cerely, r
6100
Lans Stout, Planner
LS/smk
IC Enclosure
cc: Darrell Austen, Shurgard Self Storage
pqC/R/C
GywAY
1 Isr _
1
t
I I
C .
!4IS$~! SHURGARD STORAGE CENTER MACKENZIE ENGINEERING
a~ TIOARD. ORYOON INCORPORATED
ON .1m
1 ( RENTAL TRUCK PARKING
0M
CITY OF TIGARD, OPEGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: November 14, 1986 DATE SUBMITTED: October 28, 1988
ISSUE/AGENDA TITLE: CPA 88-03 PREVIOUS ACTION: Council approval
ZC 88-04 Tigard School District 11
PREPARED BY: Keith Liden
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
POLICY ISSUE
INFORMATION SUMMARY
On October 24, 1988, the Council approved the above application. The attached
final order reflects this decision.
ALTERNATIVES CONSIDERED
1. Approve the ordinance.
2. Approve the ordinance with modifications.
FISCAL IMPACT
SUGGESTED ACTION
Approve the ordinance.
cn/7782D