City Council Packet - 06/25/1991
4 ,
CITY OF TIGARD
OREGON
TIGARD CITY COUNCIL I
BUSINESS MEETING
w JUNE 25,'1991 6:30 PM
TIGARD CITY HALL A G E N D A
13,125 SW HALL BLVD
TIGARD, OREGON 97223 PUBLIC NOTICE. Anyone wishing to speak on an agenda item
should sign on the appropriate sign-up sheet(s). If no sheet Is
F, available, ask to be recognized by the Mayor at the beginning
of that agenda Item. Visitor's Agenda items are asked to be
two minutes or less. Longer matters can be set for a future
Agenda by contacting either the Mayor or the City
Administrator.
6:30
• STUDY SESSION (6:30 p.m.)
7:30
1. BUSINESS MEETING (7:30 p.m.)
1.1 Call to Order
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Call to Council and Staff for Non-Agenda Items
7:35
2. VISITOR'S AGENDA (Two Minutes or Less, Please)
7:40
3. 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:
3.1 Approve Appointments to Planning Commission - Resolution No. 91-~2-
3.2 Approve Municipal Court Judge Contracts - Resolution Nos. 91-=, 91-91-N
3.3 Authorize City Administrator to Create Necessary Documents to Acquired Property for
Gaarde Street Bond Project
3.4 Authorize City Administrator to Enter into a Cooperative Agreement between the City of
Tigard, the City of Beaverton, and Nesbitt Partners Portland Venture Limited, in Order to
Construct and Finance a Replacement Sewer Line - Resolution No. 91-~ sQ
3.5 Approve Appointments to 99W Widening Project Task Force - Resolution No. 91- ?r'
3.6 Approve New Pre-Employment Drug Testing Policy - Resolution No. 91- a
3.7 Approve One-Year Extension to Loaves and Fishes Agreement with Regard to the Tigard
Senior Center
3.8 Approve Council Goals for Fiscal Year 1991-92
3.9 Authorize City Administrator to Enter into Agreement for Development of a Tigard Triangle
Master Plan - Resolution No. 91-
COUNCIL AGENDA - JUNE 25, 1991 - PAGE 1
7:50
4. PUBLIC HEARING - SOLID WASTE ORDINANCE AMENDMENTS
• Public Hearing Opened
• Declarations or Challenges
• Summation by AdrninistratVe Services Risk Manager
• Testimony from Solid Waste Advisory Committee
• Public Testimony
• Recommendation by Administrative Services Risk Manager
• Council Questions or Comments
• Public Hearing Closed
• Consideration by Council: Ordinance No. 91- and Resolution No. 91-_
8:20
5. PUBLIC HEARING - 1991-92 USES OF STATE REVENUE SHARING
• Public Hearing Opened
• Declarations or Challenges
• Summation by Budget Officer
• Public Testimony: Proponents, Opponents, Cross Examination
• Recommendation by Budget
• Council Questions or Comments
• Public Hearing Closed
• Consideration by Council:
RESOLUTION NO. 91_LYI A RESOLUTION CERTIFYING THE CITY OF TIGARD
PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES
ORDINANCE NO. 91- 15 AN ORDINANCE DECLARING THE CITY'S ELECTION
TO RECEIVE STATE REVENUES
8:30
6. PUBLIC HEARING - 1991-92 FISCAL YEAR BUDGET
• Public Hearing Opened
• Declarations or Challenges
• . Summation by Budget Officer
• Public Testimony: Proponents, Opponents
• Recommendation by Budget Officer
• Council Questions or Comments
• Public Hearing Closed
• Consideration by Council: Resolution No. 91
COUNCIL AGENDA - JUNE 25, 1991 - PAGE 2
3:45
7. CONTINUATION OF COUNCIL DELIBERATION ON APPEAL OF SCE 90-0005, VARIANCE
VAR-0027 SHERWOOD INN SIGN (NPO 5)
A request for Sign Code Exception -and Variance approval to allow two freestanding freeway-
oriented signs where only one is permitted. Also requested is approval to retain one sign of
approximately 1,180 square feet per sign face with a height of approximately 65 feet and one
sign of approximately 698 square feet per sign face with a height of approximately 69.75 feet
where the code species a maximum allowable sign area of 160 square feet per sign face and
maximum allowable height of 35 feet. ZONE: C-G (General Commercial) LOCATION: 15700
SW Upper Boones Ferry Road (WCTM 2S1 1213D, Tax Lots 100, 900, 1100)
• Continuation of Hearing from the May 21, 1991, Council Meeting
• Update by Community Development Staff
• Public Testimony
• Recommendation by Community Development Staff
• Council Questions or Comments
• Consideration by Council: Motion Directing Final Order Preparation
8:50
8. PUBLIC HEARING - FINAL ASSESSMENTS FOR LINCOLN STREET AND LOCUST STREET
LOCAL IMPROVEMENT DISTRICT
Public Hearing is being held to consider written objections to the individual proposed final
assessments on properties within Ahe Lincoln Street and Locust Street Local Improvement
{
1. District.
• Public Hearing Opened
• Declarations or Challenges
• Summation by City Engineer
• Public Testimony: Review of written objections received by 5 p.m., 6/25/91
• Recommendation by City Engineer
• Council Questions or Comments
• Public Hearing Closed
• Consideration by Council: Ordinance No. 91- I~
9:05
9. CONSIDERATION OF ORDINANCE SETTING FORTH FORMAT CHANGES TO ORDINANCE
NO. 91-04 (BUFFERING AND SCREENING STANDARDS - TITLE 18)
• Staff Report
9:15
10. NON-AGENDA ITEMS: From Council and Staff
9:25
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, current and pending litigation issues.
10:00
12. ADJOURNMENT
t
COUNCIL AGENDA - JUNE 25, 1991 - PAGE 3
a
t
(July 16, 1991 Council Meeting)
Council Agenda Item 3 l
T I G A R D C I T Y C O U N C I L
MEETING MINUTES - JUNE 25, 1991
• Meeting was called to order at 6:30 by Mayor Edwards.
1. ROLL CALL
Council Present: Mayor Jerry Edwards; Councilors Valerie
Johnson, and John Schwartz. Staff Present: Pat Reilly, City
Administrator; Loreen Edin, Administrative Services Manager;
Janice Deardorff, Personnel Director; Ed Murphy, Community
Development Director; Liz Newton, Community Relations
Coordinator; Tim Ramis, Legal Counsel; Catherine Wheatley,
City Recorder; and Randy Wooley, City Engineer.
STUDY SESSION
Agenda Review
• Consent Agenda was reviewed. After brief discussion,
consensus was to remove item 3.9 (Agreement for Development of
a Triangle Master Plan). The Council desired to have further
discussion on this item.
• Community Development Director reviewed the Embassy Suites
Agreement. Costs to the City will be recovered in two years.
In addition, the city will gain a conference center.
• Council reviewed Item 3.6 - Pre-Employment Drug Testing
Policy. Council received information from Ms. Toby Padgett.
Ms. Padgett was unable to attend the meeting, but through
written communication requested that the issue be pulled from
the agenda for further discussion. She submitted a position
paper for the record and noted her concern with the
unconstitutionality of pre-employment drug screening.
Personnel Director Deardorff commented that the position paper
submitted by Ms. Padgett focused on random drug testing of
employees. She advised the policy issue presented for Council
consideration was for pre-employment: drug testing. She also
noted that any drug testing of current employees would be
subject to the review of the unions representing city
employees.
• Metro Charter Commission - City Administrator advised of an
upcoming meeting of the Metro Charter Commission for which
Council will be receiving notice. He advised of the
commission's request for information about what people are
expecting of them. It will be important for Tigard to have
someone attend.
CITY COUNCIL MEETING MINUTES - JUNE 25, 1991 - PAGE 1
• League of Oregon Cities/Association of Counties - Council, by
i consensus, approved Tigard's participation of a joint LOC/AOC
effort to become more involved in tax reform proposals so that
city and county governments' interests are not left out. Cost
will be about $1,000. City Administrator will poll several !
other cities to determine if they are also planning to
participate. Council. consensus was to send a letter to the
LOC at the time of our contribution noting they could expect
future contributions to this effort only if it was felt that
good results had been achieved.
• Executive Session: The Tigard City Council will go into
Executive Session at 7:10 p.m. under the provisions of ORS
192.660 (1) (d), (e), & (h) to discuss labor relations, real
property transactions, current and pending litigation issues.
The Council reconvened into their regular meeting at 7:30 p.m.
BUSINESS MEETING
NON-AGENDA ITEMS:
• Mayor Edwards read proposed Resolution No. 91-47 naming the 99W Task Force
members.
RESOLUTION NO. 91-47 A RESOLUTION CREATING THE 99W TASK
FORCE AND APPOINTING MEMBERS.
Motion by Councilor Johnson, seconded by Councilor Schwartz, to approve
Resolution No. 91-47.
The motion passed by a unanimous vote of Council present.
2. VISITOR'S AGENDA
• Mary Rush, Executive Director of the Arts Commission for Tigard, Tualatin
and Sherwood (ACTTS) presented Council with a portfolio of 16 prints by
three artists: John Sherrill Houser, Risaburo Kimura, and Ray Ellman. In
the letter presented to the Council, the ACTTS Board of Directors note:
"Art may be defined in many ways. We therefore hope that each of you and
the citizens of this City will find, and enjoy, your own favorites among these
images."
3. CONSENT AGENDA:
Mayor Edwards advised of Ms. Toby Padgett's written request to withdraw Item 3.6
from the Consent Agenda as reported during the Study Session. (Note: Ms.
Padgett's material has been filed with the Council packet material.) Mayor advised
CITY COUNCIL MEETING MINUTES - JUNE 25, 1991 - PAGE 2
that the item would not be withdrawn from the Council agenda; however, her
concerns would be entered into the record.
Mayor advised that Consent Agenda Item 3.9 would be set over for further Council
discussion at the July 9, 1991 meeting.
Motion by Councilor Johnson, seconded by Councilor Schwartz, to approve the
Consent Agenda as follows:
}
3.1 Approve Appointments to Planning Commission - Resolution No. 91-4_2
3.2 Approve Municipal Court Judge Contracts - Resolution Nos. 9141 91-44
91-45
3.3 Authorize City Administrator to Create Necessary Documents to Acquire
Property for Gaarde Street Bond Project
3.4 Authorize City Administrator to Enter into a Cooperative Agreement between
the City of Tigard, the City of Beaverton, and Nesbitt Partners Portland
Venture Limited, in Order to Construct and Finance a Replacement Sewer
Line - Resolution No. 9146-
3.5 Approve Appointments to 99W Widening Project Task Force - Resolution No.
91-47
3.6 Approve New Pre-Employment Drug Testing Policy - Resolution No. 914L
3.7 Approve One-Year Extension to Loaves and Fishes Agreement with Regard
to the Tigard Senior Center
3.8 Approve Council Goals for Fiscal Year 1991-92
3.9 Authorize City Administrator to Enter into Agreement for Development of
a Tigard Triangle Master Plan - Resolution No. 91-_ This item was set over
to the July 9, 1991 Council meeting.
The motion was approved by a unanimous vote of Council present.
4. PUBLIC HEARING - SOLID WASTE ORDINANCE AMENDMENTS
The hearing was continued to August 27, 1991.
5. PUBLIC HEARING - 1991-92 USES OF STATE REVENUE SHARING
a. Public hearing was opened.
b. There were no declarations or challenges.
C. The Staff Report was summarized by the Finance Director.
d. Public testimony: None.
t CITY COUNCIL MEETING MINUTES JUNE 25, 1991 - PAGE 3
C . e. Public hearing was closed.
f. RESOLUTION NO. 91-49 A RESOLUTION CERTIFYING THE CITY OF
TIGARD PROVIDES SERVICES QUALIFYING FOR STATE SHARED
REVENUES
g. Motion by Councilor Schwartz, seconded by Councilor Johnson, to adopt
Resolution No. 91.49.
The motion was approved by a unanimous vote of Council present.
h. ORDINANCE NO. 91-15 AN ORDINANCE DECLARING THE CITY'S
ELECTION TO RECEIVE STATE REVENUES
i. Motion by Councilor Johnson, seconded by Councilor Schwartz, to adopt
Ordinance No. 91-15.
The motion was approved by a unanimous vote of Council present.
6. PUBLIC HEARING - 1991-92 FISCAL YEAR BUDGET
a. Public hearing was opened.
b. There were no declarations or challenges.
C. Finance Officer Reilly summarized the budget process and noted the
proposed Budget had been discussed thoroughly by the Budget Committee.
The proposed Budget is conservative and represents the continuance of
existing services and proposes no increases in personnel. The City is in
excellent financial condition. Ballot Measure 5 implementation will not mean
a loss of revenue for the City of Tigard this fiscal year. He advised that the
Budget was consistent with the Five-Year Plan and recommended approval.
Finance Director Lowry reviewed the packet materials submitted to the
Council for review. Council requested clarification on the changes proposed
in Resolution "B." Finance Director explained that:
• The City must do design work to obtain the Metzger sidewalk grant.
No matching dollar amount is required.
• The Operations site improvement carryover will be set aside to accrue
sufficient funds to implement expansion or to move the Operations
site. Council policy on this issue is yet to be determined.
tCITY COUNCIL MEETING MINUTES - JUNE 25, 1991 - PAGE 4
i
z
d. Public Testimony:
• S. Carolyn Long, Executive Director of the Chamber of Commerce,
requested $5,500 for printing costs of a Tigard map and brochure.
Council consensus was to delay a decision on the request; the Council
will require more information about number of brochures needed, who
would prepare the brochure, and how the brochures would be used.
e. Consideration by Council:
RESOLUTION 91-50 (RESOLUTION "B") - A RESOLUTION
APPROVING THE BUDGET, MAKING APPROPRIATIONS AND
DECLARING THE AD VALOREM TAX LEVY FOR FISCAL YEAR
1991-92
Motion by Councilor Schwartz, seconded by Councilor Johnson to adopt
Resolution 91-50 (Resolution 'B").
Councilor Johnson thanked staff members Patrick Reilly and Wayne Lowry
for their presentation of the Budget to the Budget Committee. She requested
that the Budget Committee be apprised of the changes reflected in Resolution
11B
The motion was approved by a unanimous vote of Council present.
7. CON'T'INUATION OF COUNCIL DELIBERATION ON APPEAL OF SCE 90-0005,
VARIANCE VAR 0027 SHERWOOD INN SIGN (NPO 5)
The public hearing was continued to July 23, 1991.
8. PUBLIC HEARING - FINAL ASSESSMENTS FOR LINCOLN STREET AND
LOCUST STREET LOCAL IMPROVEMENT DISTRICT
a. Public hearing was opened.
b. There were no declarations or challenges.
C. City Engineer reviewed the Staff Report and advised that no written
objections had been received.
d. Public Testimony: None.
e. Public hearing was closed.
CITY COUNCIL MEETING MINUTES - JUNE 25, 1991 - PAGE 5
f
E
L ORDINANCE 91-16 AN ORDINANCE DETERMINING THE FINAL
COST OF THE IMPROVEMENTS IN THE LINCOLN STREET AND
LOCUST STREET LOCAL IMPROVEMENT DISTRICT,
APPORTIONING THE COST AMONG THE BENEFITTED
PROPERTIES, SPREADING THE ASSESSMENT, DIRECTING THE
ENTRY OF ASSESSMENTS IN THE LIEN DOCKET AND SETTING
THE INTEREST RATE.
g. Motion by Councilor Johnson, seconded by Councilor Schwartz, to adopt
Ordinance No. 91-16.
The motion was approved by a unanimous vote of Council present.
9. CONSIDERATION OF ORDINANCE SETTING FORTH FORMAT CHANGES TO
ORDINANCE NO. 91-04 (BUFFERING AND SCREENING STANDARDS - TITLE
18)
a. City Recorder summarized the Staff Report.
b. ORDINANCE NO. 91-17 AN ORDINANCE SPECIFYING FORMAT
CHANGES (FOR CODIFICATION OF LANGUAGE) OF THE
PROVISIONS OF ORDINANCE NO. 91-04 AND REAFFIRMING THE
MARCH 26, 1991, COUNCIL AC71ON AMENDING THE BUFFERING
{V AND SCREENING STANDARDS OF TITLE 18 OF THE TIGARD
` MUNICIPAL CODE.
C. Motion by Councilor Schwartz, seconded by Councilor Johnson, to adopt
Ordinance No. 91-17.
The motion was approved by a unanimous vote of Council present.
10. ADJOURNMENT: 8:05 p.m.
LO
A st• Catherine Wheatley, City Recorder
Mayor, City of Tigard
A'&',
Da :
ccm625.91
CITY COUNCIL MEETING MINUTES - JUNE 25, 1991 - PAGE 6
r
TIMES PUBLISHING COMPANY Legal Tr 7875
P.O. BOX 370 PHONE (503) 684-0360 Notice
BEAVERTON, OREGON 97075
Legal Notice Advertising The fbllowmg'm;. 1 .1 informatior pubiashed fdr.your information: Fur-11 -
ther mformauon;may, be, abtaine Vf A11 ~tfie Cuy ' eco;deX 13125 S.W.
HaII Boulevard, Tigai4, Oftori17 ; orby cailurg 63 .4,
• • ❑ Tearsheet Not! "
CIT Y COUNCIL: Wink
• City of Tigard • ❑ Duplicate Affid t'; JUNE 25 1991 r %r t
P.O. Box 23397 , ,L'!TD CITY HALL -ww TOWN HALL
13125 5 W HALL BOW-;RVARD TIGARD OREGON r
• Tigard, OR 97223 • S~d.y Meen(rn Ha1l,ConferenceRcom) (6 30P ` r
BuTsmess teehn 'ZTown Kali) (7:30 P 1VI)
Cguncrl will consider
Appointment of TaskaForce for the ()Qw W ddnrn Fibje'M M-NU
,~`I Wangle Study Contact
AFFIDAVIT OF PUBLICATION AwFarblic Herfrrngsy
c1F fi rt.
C,ty' of'Trgard Budget forfiscal 1~ear 9~ 92
STATE OF OREGON, ) s State Shared Revers att Yb~ii " n
COUNTY OF WASHINGTON, )ss 3
Conunuadon Shervyox lnn A
FPS (Sr$nP, Srgn bode Ex"cep-
l, Judith Koehler don 90-0005 and Variance
being first duly sworn, depose and sa that Ic`tthe Advertising FinaI,lTeararlgs on,7ancolnJi ocustrX.oca1~ m rov,mq stric j
Director, or his principal clerk, of the imes g! assessments (only+wntten^ob~ecpons GiUt be cons del edb
a newspaper of general circu~ption ag defined in ORS 193.010 lecdgnstmbstibe~zflIeo ~l+rth~ttltrtiyrt5~gn~Jun~L5,
and 193.020; Published at l~ gain in the 199.1) w t, t 1 K,RAN
aforesaid county nd suite; thaMt the Solid Waste Ordtnance ,menments 7 z+ wf
City Counci~ Business <;r: wl~;kxF~s
Local GontractJeVre`^ d
a printed copy of which is hereto annexed, was published in the Execupve SessTtgCiE C nett o into ExeuUveU, f
,stun under p
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entire issue of said newspaper for One successive and
,labor reiadans, teal preps c otr~ .cun-en d to ~ ss~ ;
consecutive in the following issues:
rssues f {~~'d~'t 1
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June 20, 1991
Subscribed and sworn t before me this 20th day of June 1991
V Notary Public for Oregon
My Commission Expires:
AFFIDAVIT
S•
CITY OF TIGARD, OREGON
AFFIDAVIT OF POSTING
In the Matter of the Proposed
i
,ol
STATE OF OREGON )
County of Washington ) ss
City of Tigard )
I, begin first duly
sworn, on oath, epose and say:
That I posted in the following public and conspicuous
places, a copy of Ordinance Number (s ) 91-i.54•f-14, ft-i7
which were adopted at the Council
meeting dated 6 QS f copy(s) of said ordinance(s) being
hereto attached and by reference made a part hereof, on the
date of 1991.
( 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon
d, 2. Washington Federal Saving Bank, 12260 SW Main St.,
Tigard, Oregon
3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard,
Oregon
4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99)
and SW Durham Road, Tigard, Oregon
4&~-ALA-U , I FA14
Subscribed and sworn to before me this ~ date of ,
190
.
Not ublic for Oregon
My ission Expires: S'fJ~3
he\login\jg~dwpast
C
CITY OF TIGARD, OREGON
ORDINANCE NO. 91-
AN ORDINANCE DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Pursuant to ORS 221.770, the City hereby elects to receive state
revenues for fiscal year 1991-92.
r This ordinance shall be effective 30 days after its passage by
the Council, approval by the Mayor, and posting by the City
Recorder.
PASSED: By U ' C, "I k n1 -~05 vote of all Council members present after
being read by number and title only, this Q day of
1991.
Catherine Wheatley, City Re rder
APPROVED: This day of 'I'LEA , 9
U /
erald ards, Mayor
r App ved as to form:
dLty/ Attorney
Date
I certify that a public hearing before the Budget Committee was held May 20,
1991, and a public hearing before the City council was held on June 25, 1991,
giving citizens an opportunity to comment on use of State Revenue Sharing.
Catherine Wheatley, City Reco er
Date
I "
r
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E
CITY OF TIGARD, OREGON
/ ORDINANCE NO. 91-1(P
AN ORDINANCE DETERMINING THE FINAL COST OF THE IMPROVEMENTS IN THE
LINCOLN STREET AND LOCUST STREET LOCAL 'IMPROVEMENT DISTRICT, APPORTIONING
THE COST AMONG THE BENEFITED PROPERTIES, SPREADING THE ASSESSMENT,
DIRECTING THE ENTRY OF ASSESSMENTS IN THE LIEN DOCKET AND SETTING THE
INTEREST RATE.
The Council finds:
1. The Lincoln Street and Locust Street Local Improvement District was
formed and the improvements directed to be made by Ordinance No.
89-31.
2. The improvements have been made in accordance with the final
engineering report adopted by Resolution No. 91-34. The report
contains a proposed assessment roll.
3. The total final cost is the sum of $405,369.62 and the assessments
against the individual properties are as set forth in the assessment
roll and the Council finds that each property is specifically
benefited in the stated amount.
4. Notice of the proposed final assessments was directed to be given
by Resolution No. 91-34.
5. Notice of the proposed assessment for each property was mailed to
each property owner on June 12, 1991. The notice advised the
property owner of the opportunity to object in writing to the
proposed assessment and that written objections would be considered
at a public hearing. The public hearing was held on June 25, 1991.
6. No property owners filed written objections.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The final total cost of $405,369.62 shall be assessed
against the individually benefited properties as
apportioned in the attached assessment roll entitled
"City of Tigard, Lincoln Street and Locust Street L.I.D.
Final Assessment Roll" and dated June 11, 1991.
Section 2: The Finance Director shall mail an assessment notice to
each property owner and the notice shall state the
amount of the assessment which is due immediately and
that applications may be made to make installment
payments; such applications shall be reviewed by the
Finance Director for eligibility.
ORDINANCE NO. 91AP
Page 1
Section 3: The Finance Director is directed to enter each benefited
( property and the amount of the assessment against the
property as shown on the Final Assessment Roll for
Lincoln Street and Locust Street Local Improvement
District dated June 11, 1991, in the lien docket of the
City separate from other prior or subsequent assessments
and the same shall constitute a lien against each
respective property and bear the interest rate of the
net effective interest rate of the bond at the time of
the bond sale plus a two percent charge until paid.
PASSED: By 1~k ►l6 V1 ! co, L U S vote of the Council members present
after being read by number and title only, this
day of 1991.
i o
Catherine Wheatley, City ecorder
APPROVED: This day of 91.
v R. Edwards, Mayor
Approved as to form:
Attorn
6
Date
dj/0-1ss1s.WL
1
{ ORDINANCE NO. 91-)(0
Page 2
,ter
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CITY 4F TIGARD T L • I . D -
STREE
LpCJST
N STREET A SESSME0T ROLL
L1NCCL' FI.Np' 3UNE 11, 1,991 Total
Total Finance Assessment
Assessment Pra3ect t Costs
Asses ~Cian A to sec Imp B Assessmen - -0-
for Se 1mp.1 -0
lStreet -0-
owner _p-
Tax Map er -p_ -4- .
Lot ~tumb
233
ool District Kwy. -p-
1S1 35Aa 100 13 aTa q P ac 99223 -0-
-Q-
T 9 233 _p-
SChool Dlstrl- xwY'
A8 400 13131 SA OR 91223 -0- $ S'30158."5
1S3' 35 Tigard' onal Corp. 2 $ 4,102.83
u lnterna tland 149mt • $ 19 , 055.3
1S1 35Aa 100 Se Y eral Partnur9 R - 5-150 $ 25 166.99 Greenb
.10260 S' 0?, 91223 $ y3+288.33 $ 66, 943.36
3Q2.83
Portland,
oval Corp. $ 63.640.53 $ 31
u .Lnterna tland Mint .
1Sl 3yA'S 900 $e BY ral Pare nbeu Ra. $ 20,040.99
10260 SW G re 912,23 $ 43,599'54 $ 31,621.64
Portland' al Corp 061.50 $ 1,560.14 OVL u Internat tland M9m
$ 30.
A8 1002 Se Y crow-4aztnershrp 061.50
35
G l enb gd. $ 30,
1Sl enera
10260 SW G OR g1 X23 -Q-
Portland' l Corp.
003 SeiYu s~Iereenbu22Rd• 5-154
lSl 35AB 1 10Po2r60tland G p- 91 8 - 1
Assessment Assessment Total
Tax Map & for Section A for Section B Project Finance Total
Lot Number Owner (Street Imp.) (Signal Imp.) Assessment Costs Assessment
1S1 35AB 1004 Seiyu International Corp. $ 41,177.34 $ 20,040.99 $ 61,218.33 $ 3,177.13 $ 64,395.46
by Crow-Portland Mgmt.
General Partnership
10260 SW Greenburg Rd S-750
Portland, OR 97223
1S1 35AB 1006 Seiyu International Corp. -0- -0- -0- -0- -0-
10260 SW Greenburg Rd. S-750
Portland, OR 97223
1S1 35AB 3400 Seiyu International Corp. $104,154.45 $ 47,239.49 $151,393.94 $ 7,857.07 $159,251.01
10260 SW Greenburg Rd. S-750
Portland, OR 97223
1S1 26DC 5100 Harry & Beverly A. Loos -0- -0- -0- -0- -0-
9365 SW Locust St.
Tigard, OR 97223
1S1 26DC 5101 Gregory Harris -0- -0- -0- -0- -0-
7514 SW 35th Ave.
Portland, OR 97219
TOTAL $242,219.66 $143,149.96 $385,369.62 $20,000.00 $405,369.62
dj/GA:11.1-11d.1at
2 -
CITY OF TIGARD, OREGON
ORDINANCE NO. 91--)2'_
AN ORDINANCE SPECIFYING FORMAT CHANGES (FOR CODIFICATION OF LANGUAGE) OF
THE PROVISIONS OF ORDINANCE NO. 91-04 AND REAFFIRMING THE MARCH 26,
1991, COUNCIL ACTION AMENDING THE BUFFERING AND SCREENING STANDARDS OF
TITLE 18 OF THE TIGARD MUNICIPAL CODE
WHEREAS, Ordinance No. 91-04 amended portions of the Tigard Municipal
Code Section 18.100 which applied to certain provisions specifying
buffering and screening standards, and
WHEREAS, the format of the language changes in Exhibit "A" of Ordinance
91-04 needs revision in order to correctly codify said changes; and
WHEREAS, Exhibit 11B" of Ordinance 91-04 also needs revision in order to
correct references to Sections 18.100.110 and 18.100.130; and
WHEREAS, the Tigard City Council finds that amendments to Tigard
Municipal Code Chapter 18.100, as identified in the attached Exhibits
"A" and "B" are necessary to clearly set forth the technical changes
adopted in Ordinance No. 91-04.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1 : Chapter 18.100 shall be amended as shown in Exhibits "A",
and 01B" attached.
SECTION 2 : Exhibit IRA" of Ordinance 91-04, entitled PROPOSED
AMENDMENTS TO THE TIGARD DEVELOPMENT CODE, CHAPTER 18.100,
is hereby repealed.
SECTION 3 : Sections 18.100.070, 18.100.080 and 18.100.110(D)(1) as
shown in the attached Exhibit "A" are hereby added.
SECTION 4 : Exhibit "B" of Ordinance 91-04, entitled BUFFERING AND
SCREENING MATRIX, Section 18.100.110" is hereby repealed.
SECTION 5 : Figure 1 (Buffer Matrix) of Section 18.100.130 as shown in
the attached Exhibit "B" is hereby added.
SECTION 6 : The changes, as outlined in Exhibit "A", and "B" represent,
changes to the format, but not the substance of the
provisions of Ordinance No. 91-04.
ORDINANCE No. 91-1-7
Page 1
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SECTION -7: The effective date of the technical provisions and
requirements of Ordinance No. 91-04 shall remain as
April 26, 1991.
SECTION 8 This ordinance, outlining format clarification changes to
Ordinance No. 91-04, shall be effective 30 days after its
passage by the Council, approval by the Mayor, and posting
by the City Recorder.
PASSED: By U I10 11 i e)-) O(,(J vote of all Council members present
after being read by number and title only, this Q
day of c 1 , 1991.
J
Catherine Wheatley, Cit Recorder
APPROVED: This -X day of =Ge', Mayor
Approved as to form:
Ac±/
C' y Attorney
Date
ord.cod
ORDINANCE No. 91-1
Page 2
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EXHIBIT "A"
Page 1
-0.
PROPOSED AMENDMENTS TO: THE TIGARD DEVELOPMENT CODE
CHAPTER 18.100
Landscaping and Screening
Sections 18.100.70 to 18.100.110
Pertaining to Buffering and Screening
The following Sections 18.100.070, 18.100.080 and 18.100.110(D)(1) are
being added:
18.100.070 Bufferingt and Screening - General Provisions
It is the intent that these requirements shall provide for privacy and
protection and reduce or eliminate the adverse impacts of visual or
noise pollution.at a development site, without unduly interfering with
the view from neighboring properties or jeopardizing- the safety of .
pedestrians and vehicles. (Ord. 89-06; Ord. 83-52).
Buffering and Screening is required to-reduce the impacts on adjacent
uses which are of a different type in accordance with the matrix in this
chapter. The owner of each proposed development is responsible for the
installation and effective maintenance of buffering and screening. When
different uses would be abutting one another except for separation by a
right of way, buffering, but not screening, shall be required as
specified in the matrix.
In lieu of these standards, - a detailed buffer area landscaping and
screening plan may be submitted for the Director's approval as an
alternative to the buffer area landscaping and screening standards,
provided it affords the same degree of buffering and screening as
required by this code.
18.100.080 Buffering/Screening Requirements
A. A buffer consists of an area within a required
interior setback adjacent to a property line and
having a depth equal to the amount specified in the
buffering and screening matrix and containing a length
equal to the length. of the property line of the
abutting use or uses.
B. A buffer area may only be occupied by utilities,
screening, sidewalks and bikeways, and landscaping.
No buildings, accessways, or parking areas shall be
allowed in a buffer area except where an accessway has
been approved by the City.
ORDINANCE No. 91-
Page 3
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EXHIBIT "A"
Page 2
® C. A fence, hedge, or wall, or any combination of such
elements which are located in any yard is subject to
the conditions and requirements of Section 18.100.80.
D. The minimum improvements within a buffer area shall
consist of the following:
1. At least one row of trees shall be planted. They
shall be not less than 10 feet high for deciduous
trees and five feet high for evergreen trees at
the time of planting. Spacing for trees shall be
as follows:
i. Small or narrow stature trees, under 25 feet
tall or less than 16 feet wide at maturity
shall be spaced no further than 15 feet
apart;
ii. Medium sized trees between 25 feet to 40
feet tall and with 16 feet to 35 feet wide
branching at maturity shall be spaced no
greater than 30 feet apart.
iii. Large trees, over 40 feet tall and with more
than 35 feet wide branching at maturity,
shall be spaced no greater than 30 feet
apart.
2. In addition, at least 10 five gallon shrubs or 20
one gallon shrubs shall be planted for each 1000
square feet of required buffer area.
3. The remaining area shall be planted in lawn,
groundcover, or spread with bark mulch.
E. Where screening is required the following standards
shall apply in addition to those required for
buffering:
1. A hedge of narrow or broadleaf evergreen shrubs
shall be planted which will form a four foot
continuous screen within two years of planting,
or;
2. An earthen berm planted with evergreen plant
materials shall be provided which will form a
continuous screen six feet in height within two
years. The unplanted portion of the berm shall
be planted in lawn, ground cover or bark mulched,
or;
ORDINANCE No. 91-
Page 4
EXHIBIT "A"
Page 3
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( 3. A five foot or taller fence or wall shall be
constructed to provide a continuous sight
obscuring screen.
+F
F. Buffering and Screening provisions shall be superseded
by the vision clearance requirements as set forth in
Chapter 18.102. l
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G. When the use to be screened is downhill from the
adjoining zone or use, the prescribed heights of
required fences, walls, or landscape screening shall. 't.
be measured from the actual grade of the adjoining
property. In this case, fences and walls may exceed
the permitted six.foot height at the discretion of the z
director as a condition of approval. When the grades
are so steep so as to make the installation of walls,
fences or landscaping to the required height F`
impractical, a detailed landscape/screening plan shall.
be submitted for approval.
H. Fences, and Walls.
1. Fences and walls shall be constructed of. any
materials commonly used in the construction of
fences and walls such as wood -or brick, or
otherwise acceptable by the Director; Y
2. Such fence or wall construction shall be in
compliance with other City regulations; and
3. Chain link fences with slats shall qualify for
screening. However, chainlink fences without
slats shall require the planting of a continuous
evergreen hedge to be considered screening.
I. Hedges.
1. An evergreen hedge or other dense evergreen
landscaping may satisfy a requirement for a sight
obscuring fence where required subject to the
height requirement in Subsections 18.100.090.B.1
and 2;
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ORDINANCE No. 91-
Page 5
EXHIBIT "A"
Page 4
2. Such hedge or other dense landscaping shall be properly
maintained and shall be replaced with another hedge, other
dense evergreen landscaping, or a fence or wall when it ceases
to serve the purpose of obscuring view; and
3. No hedge shall be grown or maintained at a height
greater than that permitted by these regulations
for a fence or wall in a vision clearance area as
set forth in Chapter 18.102. (Ord. 89-06; Ord.'
84-71; Ord. 83-52)
18.100.110 Screening: special Provisions.
D. Screening of Refuse Containers Required
1. Except for one and two family
dwellings, any refuse container or
refuse collection area which would be
visible from a public street, parking
lot, residential or commercial area,
or any public facility such as a
school or park shall be screened or
enclosed from view by placement of a
solid wood fence, masonry wall or
evergreen hedge. All refuse shall be
contained within the screened area.
rb/lsbuffsc.rb7
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ORDINANCE No. 91
Page 6
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BUFFER MATRIX PROPOSED USE: EXHIBIT B
Existing Attached Dwelling Units - 1 Attached Dwelling Units ' - 2 Mobile ' Commercial Industrial Ught Heavy
Abutting Use Story Stories or More Home & Park Use Industrial Industrial Any Parking lot
of Zoning District Parks & Professional Use Use
Subdivisions Uses 4-50 50 or more
R-7 R-12 R-20 R-40 R-7 R-12 R-20 R-40 Spaces Spaces
Detached Single Family
or R-1, R-2, R-3.5, R-4.5, 10's 10's 10's 15's 10's 10's 10's 15's 10's 20's 20's 30's 40's 10's 20's
R7
Attached Dwelling Units
R-71 Story - Districts R-12 0' 0' 10' 15' 10's 10's 10's 15's 10's 20's 20's 30's 40's 10's 20's
Attached DweMng Units' -
2 or more stories, 10's 10's 10's 10's 10's 10' 10' 10' 10's 20's 20's 30's 40's 10's 20's
R-12, R-20, R-40 Districts
Mobile Home Parks' &
subdivision In any District 10's 10's 10's 10's 10's 10's 10's 10's 10's 20's 20's 30's 40's 10's 20's
Any Arterial Street' 10's 10's 10's 10's 10's 10's 10's 10's 10's 0' 20' 0' 20's 0'
Commercial & Professional
Uses: CM, CO, CP. CBD 10's 10's 10's 10's 10's 10's 10's 10's 10's 0' 20' 0' 20's 0'
Districts
Industrial Park 20's 20's 20's 20's 20's 20's 20's 20's 20's 10' 0' 0' 10's 0'
Light Industrial 25's 25's 25's 25's 25's 25's 25's 25's 25's 10' 0' 0' 0' 0'
Heavy Industrial 40's 40's 40's 40's 40's 40's 40's 40's 40's 20' 20' 0' 0' 0'
Any parking lot with 4.SO-
spaces' 10's 10's 10's 10's [if 10's 10's 10's 0' 0' 0' 0' 0'
Any parking lot with 50 or
more spaces 10'8 10's 10'8 10'8 10's 10's 10's 0' 0' 0' 0' 0'
Buffer Matrix
Section 18.100.130
Represents New Categories (Figure 1)
"s' Indicates screening required
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AGENDA ITEM NO. - VISITOR'S AGENDA DATE:
(Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The
Council wishes to hear from you on other issues not an 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. f
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NAME & ADDRESS TOPIC STAFF CONTACTED
cj/ AL Z-7-'s- zZt-
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Please sign in to testify on the following: i
AGENDA ITEM NO. 5 DATE :
"F~~b-tic o-r
149 A 1 - q -A- LA
PLEASE PRINT
NAME & ADDRESS NAME & ADDRESS
C
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Please sign in to testify on the following: /
AGENDA ITEM NO. & DATE :
'Pu,bl i He&-Ai PLEASE PRINT
NAME & ADDRESS NAME & ADDRESS
C
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'PresQn+ed G.-
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13i3 SO
June 25, 1991
To the City of Tigard Public Library
We, the Board of Directors of the Arts Commission
of Tigard, Tualatin and Sherwood, present you with
this portfolio of sixteen prints by three artists.
The art is the work of: '
John Sherrill Houser
ti
f Risaburo Kimura
Ray Elman
An inventory of the prints by number and name is
enclosed, as are short biographies of each of the
print makers.
Art may be defined in many ways. We therefore
hope that each of you and the citizens of this
City will find, and enjoy, your own favorites
among these images.
For the Board of Directors:
Mary Vush Vlasta N. Barber
Executive Director Secretary
~~ORS Qres\ae,ce Pres\e~ etac`1\ceasot ~ve D\re~e Sba°ae S,acb°ck SicneOre
OF p1R Du541 p V\~~ell, atibevI lL Marrg\.~ Execue\ W :'D°d Ma¢ ~ebet MS~~ °\C~~a° PR
OpgD pnard pe {1. to tA. ch \ ga \e\1 1° a S~ Weed GDV 1 S G~ EOM tk
8 4e . P~ N►` ae Mary A~`y P R°ss Cbnsti~, SiQ,red \EG~'~j{b°~ ri.RESOV S°san Spa
K
COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 25, 1991 DATE SUBMITTED: June 12, 1991
ISSUE/AGENDA TITLE: A ointments to PREVIOUS ACTION:
the Planning Commission
PREPARED BY: Elizabeth Newton
DEPT HEAD OK CITY ADMIN O REQUESTED BY: Elizabeth Newton
POLICY ISSUE
INFORMATION SUMMARY
Attached is a resolution which, if approved, reappoints Milt Fyre and Brian
Moore to the Planning Commission.
ALTERNATIVES CONSIDERED
1. Adopt the attached resolution.
2. Delay action at this time.
FISCAL IMPACT
None
SUGGESTED ACTION
Move to adopt the resolution attached.
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COUNCIL AGENDA ITEM NO. 3•~
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 25, 1991 DATE SUBMITTED: June 12, 1991
ISSUE/AGENDA TITLE: Approve Municipal PREVIOUS ACTION: Prior Contracts
Court Judge Contracts Approved Fiscal Year 90-91
PREPARED BY: Nadine Robinson
DEPT HEAD OK CITY ADMIN OP / REQUESTED BY: Loreen Edin
POLIO ISSUE
Policy was set by Resolution No. 88-21 to appoint judicial staff members after
negotiating personal services contracts.
INFORMATION SUMMARY
The City has been using the services of one Senior Judge and two pro-tem
Judges. Staff is recommending renewal of judicial service contracts for the Senior
Judge and pro-tem Judges.
The changes in the contracts from last year are:
A) The City's authorized representative to work with the judicial staff will be the
Court Manager rather than the Administrative Services Manager; and
B) The pro-tem salary has changed from S38/hour to $40/hour. This change is
due to the level of experience and is in keeping with other jurisdictions.
ALTERNATIVES CONSIDERED
1. Approve contracts and appoint the following Judges for fiscal year 1991-92:
Anthony Pelay, Jr., Senior Judge
Bruce A. Liebowitz, pro-tem Judge
Michael J. O'Brien, pro-tem Judge
2. Give further direction to staff.
FISCAL IMPACT
1. Budget Committee has recommended sufficient funds in the 91-92 budget for
the judicial staff to handle the anticipated caseload.
f SUGGESTED ACTION
Alternative #1 - Motion to approve contracts with resolutions.
ambra/judge
COUNCIL AGENDA ITEM No. 3,-3 CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 25, 1991 DATE SUBMITTED: June 14, 1991
ISSUE/AGENDA TITLE: Ac isition f PREVIOUS ACTION:
Pro ert for S.W. Gaarde Street
Bond Project PREPARED BY: Gary Alfson
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: j
POLIC ISSUE
Shall the Council ratify a purchase agreement for property for the Gaarde
Street project?
INFORMATION SUMMARY
Staff has negotiated a purchase price to acquire two of the properties
developed with duplexes. Both properties are owned by the same person.
The purpose of the acquisition is acquire right-of-way for the
realignment of Gaarde Street Major Streets Bond Project. Surplus
property remaining after completion of the project will be offered for
sale to the adjoining property owners as "special-case property" as
defined in TMC 3.44.005(d)
ALTERNATIVES CONSIDERED
1. Approve the acquisition of the two properties for $130,500 each plus
closing costs for the Gaarde-Pacific Highway Streets Bond Project.
2. Continue to negotiate with the property owner.
FISCAL IMPACT
Right-of-way costs are funded by the Street Bond project. The purchase
price is within the negotiation limits previously approved by the
Council.
SUGGESTED ACTION
Staff recommends the Council authorize the City Administrator to create
all necessary documents to acquire the above described property.
dj/H:\engdoc\counci1\gaarde.ss
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COUNCIL AGENDA ITEM NO. 3,14
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 25.1991 DATE SUBMITTED: June 14, 1991
ISSUE/AGENDA TITLE: Co-operative PREVIOUS ACTION:
Agreement between City of Beavert6nA
City of Ti ar and Embass Suit r, PREPARED BY: Ed Murnhv
DEPT HEAD OR CITY ADMIN OR REQUESTED BY:
POLICY ISSUE
Should the City of Tigard enter into an agreement with the City of Beaverton and
the Embassy Suites Hotel owners (Nesbitt Partners), under which a sewer line
would be installed and financed which would serve an expansion to the hotel?
More specifically, should the City of Tigard make an intergovernmental loan to
the City of Beaverton; and, further, should the City of Tigard contribute
financially towards the improvements to the sewer collection system?
INFORMATION SUMMARY
The owners of the Embassy Hotel are seeking to add more rooms and conference
facilities. The existing sewer line from the Embassy flows into the Beaverton
system. It hs been determined that the capacity of a portion of the sewer line
section which would serve this hotel expansion is of inadequate capacity and
must be replaced with a larger capacity sewer line.
The staffs of Beaverton and Tigard have worked with Nesbitt Partners to try to
find an equitable method of replacing the sewer line section, and sharing in the
costs associated with the replacement. An agreement was reached which would
essentially call for Nesbitt to design and install the line, with Beaverton and
Tigard reimbursing them for a portion of the total cost. Tigard would also waive
the City portion of the sewer system development charge; and in addition, Tigard
will make an intergovernmental loan to Beaverton.
- -
ALTERNATIVES CONSIDERED
Several alternatives were considered, including:
1. Beaverton could form a Local Improvement District;
2. Tigard could form a Local Improvement District;
3. Nesbitt could pay entire costs;
4. Nesbitt could postpone the hotel expansion line on its own, which
would likely be a few years away; or
5. Beaverton could install the line with a loan from Tigard and a
reimbursement from both Tigard and Nesbitt.
Of all the alternatives considered, the one suggested in the agreement seems the
most acceptable to Nesbitt, and City of Tigard and Beaverton staffs.
FISCAL IMPACT
The contribution by the City is 5.62% of the estimated total construction cost,
or $10,000 based on an estimated cost of $178,000; plus, in addition to that, the
City would waive the City share of the sewer SDC, which will mean waiving
approximately $18,000. However. the City will receive the ongoing sewer user
fees (even though the sewer line is in Beaverton), as well as the increase in
assessed value and motel taxes that this project will generate.
g SUGGESTED ACTION
It is recommended that the City Council adopt a Resolution authorizing the City
Administrator to enter into an agreement between the City of Beaverton, City of
Tigard and Nesbitt Partners Portland Venture Ltd.
ejm/Embassy.sum
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COUNCIL AGENDA ITEM 3.5
THE RESOLUTION FOR THIS AGENDA ITEM WILL BE HAND CARRIED TO COUNCIL
ON JUNE 25, 1991. IT IS EXPECTED THAT COUNCIL WILL DISCUSS THE 99W
TASK FORCE MEMBERSHIP AT THEIR JUNE 18, 1991 MEETING.
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COUNCIL AGENDA ITEM i (P
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 25, 1991 DATE SUBMITTED: June 12, 1991
ISSUE/AGENDA TITLE: PREVIOUS ACTION: 1/7 Pre-Em to ent Drug Testing Policv/'/,
PREPARED BY: Janice Deardorff ~,Ja
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Janice Deardorff
POLL Y ISSUE
Should the City. of Tigard require drug testing of all job candidates prior to
appointment to an available position?
INFORMATION SUMMARY
The City of Tigard has a concern for the safety, health and well being of its
employees and the public. The use of illegal substances and abusive use of
controlled substances by employees poses a significant problem for the safety
of the employee and the public. To provide a healthy and safe working
environment for all its employees and the citizens of the community, the City
of Tigard would like to require pre-placement drug screening. The guidelines
and procedures for this program are outlined in the attached policy. This
policy has been reviewed by the City Attorney's Office.
ALTERNATIVES CONSIDERED
1. Require pre-placement drug screening.
2. Do not require pre-placement drug screening.
FISCAL IMPACT
$35.00 per test.
SUGGESTED ACTION
1. Approve new pre-employment drug testing policy.
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d~SGusSion. -L- MJOLt lrke the
att' ac,~lec1 po<' ~iohpa~e~S 2YLterej
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PAy UI1L"'CrA_ i5 with the
(Aq co~tis~~tu.~~bVl tidy of pre-amp/o~~ew~
- - 770 fact
Ms. T.L Padgett
P.O. Box 23582
Tigard, OR 97223
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PAVE
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MUR s
Drug Testing in the Workplace
There was a time in the United ingested substances. For example, an
States when your businesswas also employee who smokes marijuana on a ARE DRUG TI~:ST:i
your boss's business. At the turn of the Saturday night may test positive the RELIABLE?
century, company snooping was perva- following Wednesday, long after the
sive and privacy almost nonexistent. drug has ceased to have any effect. In 1\To, the drug screens used by most
Your boss had the right to know who that case, what the employee did on N companies are not reliable. These
you lived with, what you drank, Saturday has nothing to do with his or tests yield false positive results at least
whether you went to church, or to what her fitness to work on Wednesday. At 10 percent, and possibly as much as 30
political groups you belonged. With the the same time, a worker can snort percent, of the time. Experts concede
growth of the trade union movement cocaine on the way to work and test that the tests are unreliable. At a
and heightened awareness of the negative that same morning. That is recent conference, 120 forensic scien•
importanceofindividual rights, Ameri• because the cocaine has not yet been tists, including some who worked for
can workers came to insist that life off metabolized and will, therefore, not manufacturers of drug tests, were
the job was theirprivate affair not to be show up in the person's urine. asked, "Is there anybody who would
scrutinized by employers. submit urine for drug testing if his
But major chinks have begun to I I; }'()I? DON'T USE I)IZUGS, career, reputation, freedom or liveli.
appear in the wall that has separated hood depended on it?" Not a single
life on and off the job, largely due to the YOI I I IAV 1?: NOM I ING hand was raised.
advent ofnew technologies that make it TOIIII)E-SO WHY0BJEM' Although more accurate tests are
possible for employers to monitor their '110 TESTING? available, they are expensive and infre-
employees' off-duty activities. Today, quently used. And even the more accu-
millions of American workers every nnocent people do have something to rate tests can yield inaccurate results
year, in both the public and private sec- hide: their private life. The "right to due to laboratory error. A survey by
,ors, are subjected to urinalysis drug be left alone" is, in the words of the late the National Institute of Drug Abuse, a
tests as a condition for getting or keep- Supreme Court Justice Louis Bran- government agency, found that 20 per.
inga job. deis, "the most comprehensive of cent of the labs surveyed mistakenly
The American Civil Liberties rights and the right most valued bycivi. reported the presence of illegal drugs
Union opposes indiscriminate urine lized men:' in drug-free urine samples. Unreliabil.
testing because the process is both ity also stems from the tendency of
unfair and unnecessary. It is unfair to drug screens to confuse similar chemi.
force workers who are not even sus. cal compounds. For example, codeine
pected of using drugs, and whose job It is unfair to force workers and Vicks Formula 44-M have been
performance is satisfactory, to "prove" known to produce positive results for
their innocence through a degrading who are not even suspected "Prove" heroin, Advil for marijuana, and
and uncertain procedure that violates of using drugs to Nyquil for amphetamines.
personal privacy. Such tests are unnec• their innocence through a
Fssary because they cannot detect
impairment and, thus, in no way degrading and uncertain STI I,L, ISN'T UNI V i:IZS.k 1, enhance an employer's ability to evalu- procedure that Violates TF S'l'I NG TH E 13ES'I' NV kY TO
ate or predictjob performance. personal privacy. CATCH 1)1CUG l?5►:.1
Here are the ACLU's answers to
some questions frequently a::ked by uch testing may be the easiest way
the public about drug testing in the ato identify drug users, but it is also
workplace. by far the most un-American. Ameri-
IMF cans have traditionally believed that
DON''TI;MPLOY ERSIL"'1•' general searches ofinnocent people are
In 11; It 1(.11'1' 7.0 Ex i'I?C"1' unfair. This tradition began in colonial
THEIR Fill I'LOYEES `v times, when King George's soldiers
N0T'IO 131-: HIGH ON DRUGS M1 searched everyone indiscriminately in
order to uncover those few people who
ON''I ! E JOB? ~e- were committing offenses against the
0 f course they do. Employers have Crown. Early Americans deeply hated
the right to expect their employees these general searches, which were a
leading cause of the Revolution.
not to be high, stoned, drunk, or asleep. After the Revolution, when memo.
Job performance is the bottom line: If ries of the experience with warrantless
you cannot do the work, employers lr<l; searches were still fresh, the Fourth
have a legitimate reason for firing you. a't's'•=..~
But urine tests do not measure job per. A `°Ri Amendment was adopted. It says that
i
the government cannot search every.
rmed "positive"
fnrmance. Even a confi t one to find the few who might be guilty
provides no evidence of present intoxi- < ' 1 of an offense. The government must
cation or impairment; it merely indi• have good reason to suspect a particu-
cat drn~es that a person may have taken a lar person before subjecting him or her
gat some time ime in the past. to intrusive body searches. These long.
standing principles of fairness should
CAN 17RI NI; TESTS also apply to the private sector, even
I )1•:T1;IUl1 N E PR EC ISE IN though the Fourth Amendment only
Analysis of a person's urine can dis- applies to government action.
N1'IIENAl':Vt'I'ICI.I Ait close many details about that person's Urine tests are body searches, and
1 )RI NVAS USEID? private life other than drug use. It can they are an unprecedented invasion of
tell an employer whether an employee privacy. The standard practice, in
Urine tests cannot determine or job applicant is being treated for a administering such tests, is to require
Now-hen a drug was used. They can heart condition, depression, epilepsy employees to urinate in the presence of
only detect the "metabolites," or inac- or diabetes. It can also reveal whether a witness to guard against specimen
ti ve, leftover traces of previously an employee is re ant. tampering. In the words ofonejudge,
NINE,-
that is "an experience which even if grams may not be as simple as a drug ruling does not affect all government
courteously supervised can be humili- test, but they are a better investment worker., and the fight over the consti-
ating and degrading." Noted a federal in America. Nationality of testing is far from over.
judge, as he invalidated a drug-testing Our nation's experience with eig a-
program for municipal fire-fighters, retie smoking is a good example of I F TIII', 0 1NSTI. ! it IN
"Drug testing is a form of surveillance, what education and voluntary rehabili• (,AN'T H E LI' TH b;.11, 1 f U1V
albeita technological one:' tation can accomplish. Since 1966, the
proportion of Americans who smoke CAN I RIt NI C E 311) L(W E ES
13 UT SIIOULDiN'T cigarettes has gone down from 40.4 PROTECTTIIEMSI? I;S
I l'C'EI''1 1 0NSI3i:lIAD1, percent to 29.1 percent. This dramatic AG AINSTDRUG TES'i'1NG?
FOIL CER' ONS IIE MADE, decrease was a consequence of public
education and the availability of treat- ourt challenges to drug testing pro-
SUCH AS AIRLINE PILOTS. ment on demand. Unfortunately, grams in private workplaces are
WHO ARE RESPONSI 111,R instead of adequately funding drug underway throughout the country.
FOR TI I E LI V ES O I-' clinics and educational programs, the These lawsuits involve state constitu-
O I'H E 1tS'? government has cut these services so tional and statutory laws rather than
that substance abusers sometimes federal constitutional law. Some are
have to wait for months before receiv- based on common law actions that
®bviously, people who are responsi- Ingtreatment. charge specific, intentional injuries;
ble for others' lives should be held others are breach of contract claims.
to high standards of job performance. HAV E ANY COURTS RULED Some have been successful, while oth-
But urine testing will not help employ- TI IAT MANDATORY URINE ers have failed. Traditionally, employ-
ers TESTING OF in the private sector have had
impairment. extremely broad discretion in person-
If employers in transportation and GOVERNMENT nel matters.
other industries are really concerned EMPLOYEESISA In most states, private sector
about the public's safety, they should V I O LATION O F THE employees have virtually no protection
abandon imperfect urine testing and CONSTITUTION? against drug testing's intrusion on
performance assisted instead. Computer- their privacy, unless they belong to a
assisted sted pderfor rformance tests already
exist and, in fact, have been used by Yes. Many state and federal courts union that has negotiated the prohibi-
NASA for years on astronauts and test have ruled that testingprogramsin
pilots. These tests can actually urea- public workplaces are unconstitutional
sure hand-eye coordination and ifthey are not based on somekindof The FourthAznendment
response time, do not invade people's individualized suspicion. Throughout that the government
privacy, and can improve safety far bet- the country, courts have struck down says g
ter than drug tests can. programs that randomly tested police cannot search everyone to
officers, fire-fighters, teachers, civilian find the few who might be
army employees, prison guards and
DRUG USE COS'T'S employees of many federal agencies. guilty of an offense.
I ND USTIt1' M I LI, I ()NS IN* The ACLU and public employee unions
LOST WORKI`] I have represented most of these vietori-
PRODUCTIVITYI;AC'11 ous workers. In Washington, D.C., for tion or restriction ofworkplace testing.
YEAR. DON'T 1,'3111.0 1. X K S example, one federal judge had this to One exception to this bleak picture is
Hr1VE A ]tl GIIT 1 O'1 Ia'':1S say about a random drug testing pro- California, in which the state constitu-
gram that would affect thousands of tion specifies a right to privacy that
AMYOFI'Rog,j..C'f1N(; government employees: "This case applies, not only to government action,
ThIEI]I INVF,ST11 Iprese nts for j u dicial con siderati on a but to actions by private business as
wholesale deprivation of the most fun- well,
Actually, there are no clear esti• damental privacy rights of thousands In addition to California, seven
mates about the economic costs to upon thousands of loyal, law-abiding states have enacted protective legisla-
industry resulting from drug use by citizens...." tion that restricts drug testing in the
workers. Proponents of drug testing In 1989, for the first time, the U. S. private workplace and gives employees
claim the costs are high, but they have Supreme Court ruled on the constitu- some measure ofprotection from unfair
been hard pressed to translate that tionality of testing government and unreliable testing: Montana, Iowa,
claim into real figures. And some who employees not actually suspected of Vermont and Rhode Island have
make such claims are manufacturers of drug use. In two cases involving U. S. banned all random or blanket drug test-
drug tests, who obviously stand to Customs guards and railroad workers, ing of employees (that is, testing with-
profit from industry-wide urinalysis. the majority of the Court held that out probable cause or reasonable
In any event, employers'have better urine tests are searches, but that these suspicion), and Minnesota, Maine and
ways to maintain high productivity, as particular employees could be tested Connecticut permit random testing
well as to identify and help employees without being suspected drug users on only of employees in "safety sensitiv,
with drug problems. Competentsuper- the grounds that their Fourth Amend- positions. The laws in these states alsu
vision, professional counseling andvol• ment right to privacy was outweighed mandate confirmatory testing, use of
luntary rehabili- by the government's interest in main- certified laboratories, confidentiality of
tation pro- taining a drug-free workplace. test results and other procedural pro-
Although these decisions represent tections. While they are not perfect,
a serious setback, the Court's these new laws place significant limits
on employers' otherwise unfettered
authority to test and give emnlovees
the power to resist unwarranted inva-
sions of privacy.
r The ACLU will continue to press
other states to pass similar statutes,
^f rq
and to lobby the U.S. Cong-ress to do the
i'11111~1I,''N ! l a. same.
r J10
rift
` American Civil Liberties Union
' c • 132 West 43rd Street
? ` 74 r".1 NewYork, N. Y.10036
/ COUNCIL AGENDA ITEM
` CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 25, 1991 DATE SUBMITTED: June 17. 1991
ISSUE/AGENDA TITLE: Approve One-Y PREVIOUS ACTION: Approval of
Extension with the Tigard Loaves Initial Agreement (9/17/90)
Fishes Re: Senior Center Facil' PREPARED BY: C. Wheatley
DEPT HEAD OK CITY ADMIN-OK/-7, --REQUESTED -BY_---Patrick -J_-Reilly
POLIC ISSUE
INFORMATION SUMMARY
Attached is a copy of the initial agreement with Loaves and Fishes with
regard to the Tigard Senior Center. This agreement expires on June 30, 1991,
but can be automatically extended for additional one-year periods until it is
renegotiated or terminated by one part of the other in the manner provided
within the agreement.
PROPOSED ALTERNATIVES
1. Approve the extension of the agreement to June 30, 1992.
FISCAL IMPACT
City operational and maintenance responsibilities, including utilities,
custodial, building and ground maintenance will continue to be about $27,000
per year.
SUGGESTED ACTION
Approve a one-year extension of the attached agreement to June 30, 1992.
H:\LOGTN\CATHY\LOAVES
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.A G R E E M E N T
i
This agreement is made and entered into between Loaves & Fishes
Centers, Inc., an Oregon non-profit corporation, hereinafter
referred to as Loaves & Fishes, and City of Tigard, an Oregon
Municipal Corporation, hereinafter referred to as City.
Whereas, City is the owner of the Tigard Senior Center facility
at 8815 S.W. O'Hara, Tigard, Oregon;
Whereas, Loaves & Fishes contracts with the County to provide
services to senior citizens, and desires the use of said
facility;
Whereas, City desires to locate Loaves & Fishes' services in said
facility;
Now, Therefore, in consideration of the mutual covenants and
agreements herein contained, the parties agree as-follows:
HOURS OF OPERATION. .City provides to Loaves & Fishes use of the
facility from 8:00 am to 5:00 pm, Monday through Friday. Loaves &
Fishes shall have first priority for additional use of the
facility.
b
Tigard - Page Two
USE. Loaves & Fishes shall use and occupy the facility for the
purpose of operation of a nutrition and social service program
for the elderly, including, but not limited to, congregate and
home-delivered meals, informational, educational, and
recreational activities, transportation, information and
referral, case management, health screening, counseling, and
fund-raising activities for the program.
USE OF SPACE & EQUIPMENT BY OTHERS. City shall have the right to
use and permit the use by others of the building and the
equipment, dishes, utensils, pots, pans, etc. under the following
terms and conditions:
(a) Center Manager or a designated representative will schedule
all use of the facility Monday - Friday, 8:00 a.m. to 5:00
p.m. The City shall assign a designated person to schedule
use of the facility for all time except 8:00 a.m. to 5:00
p.m. Monday through Friday. Such use shall not interfere
with the daily use by Loaves & Fishes of the facility for
the operation of a nutrition and social service program for
the elderly;
(b) Loaves & Fishes shall assure equipment, dishes, and utensils
are left in a sanitary and safe condition;
(c) Loaves & Fishes will provide trained kitchen personnel
(Center Monitor) to supervise the use of kitchen equipment,
r personnel cost to be reimbursed by the City, for any
i activities scheduled by the City when the kitchen is used;
Tigard - Page Three
1
(d) City shall be responsible for use by such other users
authorized by the City and responsible for the payment of
fees necessary for supervision of the building and equipment
use. Costs incurred by Loaves & Fishes resulting from other
use will be reimbursed by the City..
(e) City shall be responsible -for the replacement of any
equipment, plates, glasses, cutlery, or utensils lost or
damaged by such users as the Center/City shall discover in
its use or supervision of such other use of the facility
and
(f) City shall be responsible for replacement of food, cleaning
compounds, paper, and the supplies owned by Loaves & Fishes
and used by such other users.
FURNISHINGS AND EQUIPMENT.
'In the event of termination of this agreement, all such
furnishings, equipment, and decorations which are permanently
attached to the facility shall remain in the facility in good
repair, with allowance for wear and tear, occasioned by normal ,
use. Each of the parties hereto including the City, shall retain
ownership of any equipment, pots, pans, dishes, utensils, and
other personal property acquired by its own funds, by funds
received from grants and donations to such party for the purpose
of acquiring such personal property, or such personal property as
may be donated to such party.
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Tigard - Page Four -
GROUNDS & STRUCTURAL REPAIRS. The City shall be responsible for
the repair of sidewalks, driveways, service areas, curbs, and
parking areas. The City shall see that the grounds, including
lawn and any other landscape features are maintained. The City
shall be responsible for making any structural repairs to the
building itself, and shall be responsible for such maintenance
functions as painting, woodwork repair, maintenance of heating,
ventilation, and air conditioning systems, wiring, hot water
heater, and replacement of exterior/interior lighting. Loaves &
Fishes shall not make structural changes or install new equipment
requiring structural changes without the approval of the City.
The City will provide light bulbs and fluorescent tubes, toilet
tissue, paper towels, toilet soap and such other supplies needed
for daily operation.
MAINTENANCE & REPAIR. The City shall be responsible'for the
repair and maintenance of all furnishings and equipment, and
shall provide janitorial services for the operation of the
building. Loaves & Fishes shall keep the kitchen clean, in such a
way as to meet the standards of Oregon State Health Division for
daily cleanliness: repairs, equipment maintenance, and seasonal
cleaning are the responsibility of the City.
PERSONNEL. Loaves & Fishes shall provide all personnel for
operating Loaves & Fishes' services and activities. City shall
provide all personnel for all City-scheduled activities. Loaves &
Fishes shall provide a Center Monitor for all activities t
involving food which is scheduled by or for the City. Monitor
cost to be paid by the City.
Tigard - Page Five -
LICENSES AND PERMITS. Loaves & Fishes shall be responsible for
all licenses and permits which may be required for the provision
of Loaves & Fishes services at the facility.
UTILITIES. City shall pay all utility bills, including electric,
gas, water, gar and sewer services.--~
REPORTS. Loaves & Fishes shall report Senior Center activities
to the City at least semi-annually.
INDEMNIFICATION. Either party shall indemnify and hold the other
party harmless against and from any and all claims by or on
behalf of any person, firm, or corporation arising from the
conduct or management.or from any work or things whatsoever done
by that party or its agents, contractors, servants, employees, or
volunteer employees in or about the leased premises or the
building, and shall further indemnify and hold the other party
harmless against and from any and all claims arising from any
breach or default on the part of that party in the performance of
any covenant or agreement on the part of that party to be
performed, pursuant to the terms of this agreement or arising
from any act or negligence of that party or any of its agents,
contractors, servants, employees or volunteer employees,
occurring during the term of this agreement in or about the
E
Tigard - Page Six
INDEMNIFICATION (continued)
premises or the building, and from any and all costs, counsel
fees, expenses, and liabilities incurred in or about any such
claim or action or proceeding brought thereon. In case any action
or proceeding be brought against any party by reason of any such
claim, that party may, at its option, require that the other
party resist or defend such action or proceeding at. that party's
own cost and expense and by counsel reasonably satisfactory to
the.other party.
INSURANCE. The City shall provide liability insurance in an
amount not less than the applicable limits of tort liability for
public bodies pursuant to the Oregon Tort Claims Act. Loaves &
Fishes shall provide liability insurance for its activities.. Both
parties shall carry the other as an additional named insured on
their respective liability policies.
The City shall provide fire, theft, and all-risk insurance in an
amount not_less than the appraised value of the structure and its.
contents owned by the City. Loaves & Fishes shall provide fire,
theft, and all-risk insurance in an amount not less than the
° appraised value of contents owned by Loaves & Fishes.
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Tigard - Page Seven
DURATION. This agreement shall remain in force from
through June 30, 1991 . It shall be
automatically extended for additional one-year periods until such
time as it is renegotiated or terminated by one party or the
other in the manner provided.
TERMINATION OR RENEGOTIATION. Failure to provide services in
accordance with the contract to the satisfaction of the'City or
its designee shall result in written notification. Such..
notification shall be addressed to the Loaves & Fishes Center
Director and shall delineate the inadequacies and provide
specific remedies stipulating a deadline for resolution not less
than 60 days from the date notification was received by the
Director. Failure to remedy shall result in termination of the
contract by the City.
GRIEVANCES. The resolution of any grievances between the parties
shall first be attempted between the City Manager and Loaves &
Fishes Center Manager.
THIS AGREEMENT entered into this 17TH day of September ,
19 90 by the parties hereto.
& FISHES CENTERS, INC. CITY OF IIGGARD /
LOAV
J7
~~tive Directbr
Steering Committee Chair
i
COUNCIL AGENDA ITEM 3.g
C
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 25 1991 DATE SUBMITTED: June 17. 1991
ISSUE/AGENDA TITLE: ARRrove Council PREVIOUS ACTION:
Goals for Fiscal Year-1991-92
/
% PREPARED BY: C. Wheatley
DEPT HEAD OK CITY ADMIN O REQUESTED BY: Patrick J. Reilly
POLI ISSUE -
Should Council adopt the attached go ls?
INFORMATION SUMMARY - -
Council discussed the attached list of goals at their March 1991 Retreat
Workshop. Formal adoption by the council is requested to implement these
goals.
PROPOSED ALTERNATIVES
1. Approve the goals as presented.
2. Revise the goals and approve as revised.
FISCAL IMPACT
SUGGESTED ACTION
Approve the goals as presented.
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COUNCIL GOALS AND OBJECTIVES 1991-92
GOAL I: To create a strong sense of identity.
Objectives A. Promote the celebration of our community's 30th Birthday
B. Pursue City post office
C. Use banners to identify key City entry points.
D. Promote restoration of John Tigard House through private fund-
raising efforts and use as City facility.
E. Work with ODOT to improve signage about Tigard.
F. Work with Chamber of Commerce on City entry signage on 99W.
GOAL II: To participate in issues impacting the well being of our community.
Objectives A. Development of the METRO Charter
B. METRO Goals and Implementation Strategy
C. Feasibility study of light rail in the Barbur Blvd. Corridor
D. Long-term water source for the community
E. Support of Elsner Road project.
GOAL III: To develop and maintain a positive corporate culture for the
municipal organization.
Objectives A. Develop a Management Incentive Program
B. Address the crowding problem in City Hall
GOAL IV: To prudently manage the assets and resources of the City.
Objectives
A. Decide the future of the current operations site and develop
appropriate implementation plans
GOAL V: To provide a level of service to our citizens that enhances a high
quality, comfortable, and safe living environment.
Objectives
A. Continue existing service levels
B. Strengthen role of Educational Services Program
C. Continue second year park levy improvements and third year
transportation bond issue improvements
D. Continue to streamline the Community Development Code
E. Explore possibility of single water distributor for the City
and area of interest.
Council Goals (FY 91-92)
Page 2
GOAL VI: To strengthen the quality of interaction with our citizenry.
Objectives
A. Review role and scope of EDC and TAC and board/commission
liaison roles
B. Utilities and Franchise Committee: Review of Solid Waste
Franchise
C. Park Board: Development of a 10-year park improvement program
D. Library Board: Consider needs of the Library of the future.
E. Use of live television coverage of Council meetings
GOAL VII: To promote a balanced economy and enhance the vitality of the
community.
Objectives
A. Prepare a strategic financial plan for the City.
B. Prepare a 99W corridor plan in anticipation of the ODOT 99W
project in concert with the Chamber and local businesses.
C. Promote a long-term, multi-jurisdictional transportation
study of the Washington Square/Lincoln Center area.
D. Pursue construction of Dartmouth Avenue and prepare for
commercial development.
E. Decide final plan for Gaarde Extension
F. Focus on finalizing development standards and facilitating
curb/gutter/sidewalk improvements in the city center area.
G. Consider a "visioning" project for community, focusing on
land use/transportation.
h:\1ogin\cathy\g1ssum.92
9
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COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 25, 1991 DATE SUBMITTED: June 7. 1991
ISSUE/AGENDA TITLE: Solid Waste PREVIOUS ACTION: 1978 Solid Waste
Ordinance Amendments Ordinance Adobted
lUg PREPARED BY: Loreen Edin
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: U&F Committee
POLIC ISSUE
Council has historically determined that solid waste services should be
provided by franchise holders. There are five separate policy issues to be
resolved prior to formal amendment of the franchise ordinance. These are:
franchise term; rate setting process; haulers' ability to bill property
owners; annual compactor inspections; and penalties. The policy issues are
set out in more detail in the attached staff memo.
INFORMATION SUMMARY
Due to the changing solid waste industry and regulations developed by the
State and Metro, it has been necessary to amend the solid waste management
ordinance. The Utility & Franchise Committee and staff have met and
discussed changes with the haulers, other jurisdictions, and Legal Counsel.
The attached ordinance represents the Utility & Franchise Committee's
recommendation to Council for adoption,. Staff recommendations differ in some
of the policy areas. The Committee and staff recognize that the ordinance
will need to be revised again in the near future based on industry changes
and pending state legislation. A resolution is attached for adoption after
the ordinance which will set the fee for the compactor permit process.
Staff has attached a memorandum which highlights the following issues:
changes proposed by the Committee; major policy issues for Council
consideration; process changes; staff recommendations; and solid waste issues
that were not addressed at this time.
ALTERNATIVES CONSIDERED
1. Adopt ordinance & resolution as presented by the Utility &.Franchise
Committee
2. Adopt ordinance & resolution as amended based on staff's recommendations
3. Continue consideration to July 23, 1991 to allow significant time for
input from citizens and organizations
4. Give further direction to staff
F.
Milli! I
FISCAL IMPACT
1. Efficiency savings with better defined roles and tighten control in
service & enforcement delivery.
2. Efficiency savings noted in option #1 plus additional staff efficiencies.
3. Unknown
4. Unknown
SUGGESTED ACTION
Option #3 - Motion to continue the public hearing to July 23, 1991 to allow
time for additional input from interested parties.
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MEMORANDUM
CITY OF TIGARD, OREGON
TO: Pat Reilly, City Administrator
FROM: Loreen Edin, Administrative Services Manager Q__C_
DATE: June 7, 1991
SUBJECT: Solid Waste Ordinance Report
The City Council identified the review of the solid waste franchise
ordinance as one of their 1990-91 goals. This goal was timely in
that the solid waste industry is changing rapidly. This is being
driven by a number of factors, some of which are: reduction in the
number of local landfills; state legislative action; METRO rule
development; and environmental concerns including the need to
develop recycling programs and markets.
The Utility & Franchise Committee has reviewed the Solid Waste
Ordinance. The first ordinance draft was proposed by the haulers
in October, 1990. This review process included hours of work with
the Committee, haulers, the hauler's Legal Counsel, City's Legal
Counsel, and City staff. Issues other than ordinance language were
also brought to light through this process; i.e. performance
measures, rate structure questions, and allocation formulas for
financial reporting.
This memo will highlight the Committee's proposed language changes,
identify policy issues for Council review, identify other issues
raised but not resolved at this time, and policy & process changes
recommended by Staff.
HIGHLIGHTS OF COM4ITTEE PROPOSED CHANGES
• ALL SECTIONS - Cleaned up incorrect names, titles, addresses,
and made references gender neutral.
• DEFINITIONS - Deleted "compensation", added "compactor",
"curbside", "customer", "director", "placed out for
collection", and "solid waste management".
• WHO CAN HAUL WHAT? - Changed language throughout the ordinance
to better define who can haul solid waste. This is the area of
most controversy throughout the review process. The proposed
changes accomplish the following:
• Allows only residential waste to be hauled by generator.
• Requires commercial and multi-family waste to be hauled by
the franchisee only.
• Tightens definition of "contractor" in construction site
clean-up language which would not allow third party haulers
to haul from construction sites.
• Exempts from the franchise those materials that are source
separated by the generator and sold at fair market value to
a third party hauler. "Fair market value" definition is
being argued at the state level now.
• Defines who can deposit or remove material from containers.
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PAGE 2 OF 8
SOLID WASTE ORDINANCE REPORT
JUNE 7, 1991
• LIABILITY INSURANCE - Updated to require $1,000,000 limit with
indemnity provisions added and the City named as additional
insured on haulers' policies.
• RECYCLING ENCOURAGED - New language added to explain State law
mandates.
• NOTIFICATION TO CITY - New language requiring haulers to notify
City if customers don't meet container or compactor
requirements.
• COMPACTOR RULES - New language requiring a site permit for
compactors. Language also requires annual review of compactor
operation and site visit by staff for safety compliance review.
• PENALTIES - Changed from misdemeanor to civil infraction.
POLICY ISSUES FOR COUNCIL CONSIDERATION
These issues are listed in order as they appear in the Committee's
proposed ordinance.
• GENERATOR HAULING OWN WASTE - Does the City desire to limit the
way waste is hauled by the commercial generator?
Historically, Council policy has allowed the residential and
commercial generators of waste to haul that waste as long as
the hauling is in compliance with requirements of state and
local law (i.e. protecting public health and safety). The
Committee's proposal allows only residential waste to be hauled
by the generator. This discontinues the ability of any
commercial generator to haul their own waste.
In reviewing the enforcement issues with the current ordinance,
staff has spent considerable time responding to complaints
regarding commercial generators hauling their own waste. One
example of this is a business owner who has now purchased a
garbage truck and is hauling waste from each of his
establishments.
Staff Recommendation: Staff could support either argument,
therefore, staff's recommendation is that Council decide this
issue after having the opportunity to consider the arguments
presented during the public hearing.
PAGE 3 OF 8
SOLID WASTE ORDINANCE REPORT
JUNE 1991
• CONSTRUCTION SITE HAULING - Does the City need to limit the
definition of "contractor" as it relates to construction waste?
One area of enforcement that has been difficult to resolve is
that of construction site cleanup. Under the current
ordinance, the enforcement question has been whether a building
contractor can contract with a third party to cleanup the
construction site and haul away waste from the site. Current
interpretation is that the existing ordinance allows this to
occur. The proposed language would allow a building contractor
to hire a third party to clean up a construction site but not
allow that person to haul any waste off-site.
It is important to note here that METRO's adopted Special Waste
Chapter for the Regional Solid Waste Management Plan encourages
the recycling of construction waste and encourages cities to
employ methods which will accomplish that goal. For that
reason, staff would recommend a modification to the language
which would clarify the recycling issue noting that mixed waste
is to be hauled by the franchisee. METRO's Plan appears to
require the City to allow hauling of source separated material
for recycling by a third party hauler/contractor if the
generator was compensated at "fair market value" for the
recyclable material.
Staff Recommendation: Based on the above comments, staff would
recommend changing the language to more clearly encourage
recycling of construction waste. This would prohibit the
hauling of "mixed" waste from the site by anyone other than the
franchisee, but would still allow source separated materials
for recycling to be hauled by third party haulers if the
generator was compensated at "fair market value". Language
will be drafted to be consistent with METRO's Regional Solid
Waste Management Plan and be presented at the July 23rd
meeting.
• FRANCHISE TERM - Does the City desire the ordinance be
automatically renewed for a 10 year term each January?
The ordinance provides for automatic renewal of the franchise
on the first'of January of each year for a 10 year term, unless
the Council acts to terminate further renewals. The Council
has the choice of (a) creating a set term for this franchise,
(b) eliminating the automatic renewal provision, (c) exercising
its authority to stop the automatic renewal effective next
January 1st, or (d) leaving automatic renewal as currently
stated.
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PAGE 4 OF 8
SOLID WASTE ORDINANCE REPORT
JUNE 7, 1991
An option that could also be employed would be continuing the
automatic renewal provision at this time subject to the City
reserving for itself the ability to initiate amendments to the
ordinance language as it deems necessary. This is current
practice but has not been formalized in the ordinance language.
Staff Recommendation: Add language to formalize the current
practice of the City initiating ordinance amendments as it
deems necessary. A public hearing before the Council would
still be required prior to any amendments being adopted.
Modify the ordinance by adding a new subsection to 11.04.080 as
follows:
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With this amendment and based on previous Council discussions,
council may wish to consider the following question: Do the
renewal provisions (automatic renewal of a 10 year contract
each January 1st) best express the current Council's policy?
• RATE SETTING PROCESS - Does the Council wish financial reviews
of the haulers' businesses as a method for obtaining
information for the rate setting process?
The ordinance provides for the use of audited information only
to determine if the computation of the franchise fee is
accurate, however, there is no such provision for the rate
setting process.
Staff Recommendation: Add the use of audited or reviewed
information to determine service rates by making the following
language changes:
o delete the last sentence in subsection 11.04.060 A which
speaks to auditing records for franchise fee computations
only; and
o add the following new section which will address all uses of
franchise record reviews.
~~`isiiY{•`~ii+::::?:%5'Z:iCriiitii~iti~{y:`v'::EZ4'i~iY.iiJ,f~':
~,`{.j2:i' ~ ~:..'`.i'i'1'1t:t.~:t~~~~':<~:jf:::~ •"~~~.~~~:~??::~Ci~~~:yt4:::i':gg:..i ~.i::?:i ~::i):j::MI~~'i:':': i::{?tiY: .?Cj}M:i::~.~~j}y:j:~~:$1~:~.'; ~ ~j<}~::::~ ;::':.:.;::~:::::::y}n~:fy~.:1Yyivyi:~QJ~~:r4?;..+~;}t~:M;::: ~ i:•?•'! }.;1:.~.~.f'~~~y'"~~:~y{':
~M. ...i~~t'i'v:M?~3MtJ':i~~~irt?::ti::FT~:ir. Mh~~'':i.:'...y}':2i ~~•!•yn': ~:~}::.r`:'vi~`'y. ~y!~ ~y~~~y(~ airy
. .~~....:~'1!~~'f~~.ll~.i::~{::~1~11~'i~~'~'1F':`n:~YriN+•~~•~~•::~r:v~j
. ~r@,'3. 11713#>'l<?''iC<':
PAGE 5 OF 8
SOLID WASTE ORDINANCE REPORT
JUNE 7, 1991
.OW A
..;:•;.v:::.::y :?xr,;: ,^:{••nri:':•::;.:y,`:,:ai::ii:>:•':i'::i`:::i:!lj: ~'•i`:i n -NIR
Q' ^i...!'~~:':lT1~y.~.M ivy;'!yM" yy:
:.~?^;::;i'ii:;;i:::.:: n:,:{n,+y.r.:. :•{.u : N:::::
i.; v.-. :...r~::~::::.. ~ v..n:•,:: •jvi:,';:;{{:.i^ y.:..i wfi' ::i?{i
~!?::::::v'.J{ : v :•:.i..tµ ::.y.:,~n
i. A{1+. jj pay
7w't:.i~i iLiFy.~,tiF+'1~i7:: ~:ii is<;;: o:: .:::-k::•..... ...............~M..'...........,....
all
• HAULERS' ABILITY TO BILL OWNER - Does the City wish to continue
allowing haulers to bill the owner of a multi-unit rental for
services provided to the occupants of the facility?
The ordinance provides the owner of a multi-unit rental can be
billed and primarily responsible for the services. City"s
Legal Counsel has concerns that this arrangement creates a
t potential problem with the charge for solid waste disposal
services being classified as a tax for the purposes of Ballot
Measure 5.
Staff Recommendation: Council request a representative from
the Committee, staff, haulers and City's Legal Counsel work
together to revise the ordinance language to modify the billing
process to allow the franchisee the ability to collect from
owners without jeopardizing the Measure 5 cap. Draft language
should be presented for the 7/23/91 Council meeting.
• COMPACTOR ANNUAL INSPECTION - Does the City choose to engage in
annual notification and inspection of compactors?
The ordinance draft provides for ongoing notification and
inspection by the City of all compactors. By creating such a
regulatory program, the city is assuming the responsibility of
training staff to conduct adequate inspections. Along with the
staffing impact this creates liability concerns as well. The
program is not required by law and is optional whether the City
chooses to actively involve itself in the regulation of
compactors once the siting permit is issued.
Staff Recommendation: Require the provider of the service to
be responsible for operation and maintenance of the equipment.
Delete requirement for annual communication with permit holders
and random compliance inspections by City staff. Modify
language as follows:
b
PAGE 6 OF 8
SOLID WASTE ORDINANCE REPORT
JUNE 7, 1991
Delete subsection 11.04.105 N.
• PENALTIES - Does the City want to classify a violation of this
ordinance as a civil infraction?
The ordinance draft provides for a change from a misdemeanor to
civil infraction. The civil infraction process still has,
under ORS authority, the ability to maintain criminal sanction
for the few offenders who do not comply. This process would
relieve the City of the financial burden of court appointed
counsel, trial by jury, and burden of proof on the City "beyond
a reasonable doubt".
Staff recommendation., Support the Committee recommendation to
change to a civil infraction process.
PROCESS CHANGES RECOMMENDED BY STAFF
Staff recommends the following process changes to streamline the
solid waste ordinance provisions.
• NON-PROFIT COLLECTION PERMIT PROCESS - Delete the permit
process for non-profit, charitable, and civic organizations to
collect and recycle waste on a non-regular basis. This process
has not been used to date, however, if required it would be
very time intensive for staff and the applicant. Staff would
recommend the following change to bring ordinance language into
conformance with current practice. Modify language as follows:
Section 11.04.040 D states "Nothing in this franchise or this
section shall:"
1113. Prohibit a nonprofit charitable, benevolent or civic
organization from recycling wastes provided that such
collection is not a regular or Deriodic business of such
:::::::::Exp.
stieh
8~1s -t~nittra-z.-e y
6~tz3~33E~ ~tRr~sn Ao i+ zrea er areas
tee s 'be
• ADMINISTRATIVE RULE APPROVAL - Change process for adoption of
administrative rules from City Council to City Administrator,
or designee, with appeals of staff decision going to Council.
This should streamline the process and still allow Council
review of appeals. Modify language as follows in the last
sentence of 11.04.160:
a
PAGE 7 OF 8
C SOLID WASTE ORDINANCE REPORT
JUNE 7, 1991
"The rules and regulations and an amendments thereto shall
be approved by thefollowi
Said thirty-day eriod.E c$ : :.•.k:: ;;a•:' ng
~ u.Y .g:. :cc„ x: x•ru:::.:.:.:aro:}:aw3:.'rnrd.wr.
.......,....nw.J:`,'T,..:.•.<:,,,...,::,•.c..w;C.,:::•i}L::,:::.a.,v„•..,,:.,o:.o.: F:f:'~wG~;
• ANNUAL REPORT ADOPTION - Delete ordinance reference to annual
report form as attached "EXHIBIT B". This form will change
periodically as the County's annual report and the industry
changes. Modify 11.04.090 E 1 as follows:
"On or before March 1str..the franchisee shall file an annual
.:.~iXp :.:e.;,.;;•:::w;,:: ~ '•:£:tR;Yt:Y..::i.`..,,r:r;:;::"3,.'.:~:.F::.o;;ry: :~,t>';:;:;::c.:ti..yo:Y r:'<r
report
:~+i . :Sn'Y+:. iii::ii lfl: "+:;ri4T:ti4'4:,~~':'W:•}'ri• 1U f.. .••:+;iv:i•:J~:4ii':;:: %'l r
?~r~ with the City Recorder •Ffor the `•year`r"endingry"` the
previous December 31st."
ISSUES DISCUSSED BUT NOT CHANGED
As further report to the Council, the following solid waste issues
were discussed over the last year but have not been changed in this
amendment recommendation. Some of the issues do not directly
affect ordinance language. These issues are not listed in any
special order, but serve as a collection of issues discussed.
• Review of rate structure (i.e. disparity, curbside vs off-curb
rates, 20 gallon cans, etc.)
Financial review of franchisees' businesses is planned over
the next few months
• Modification of the franchise fee amount
Regionally this amount runs from 3% to 5%
• Development of service performance measurements or standards
for haulers
City of Portland is developing this now
• Review of service areas
Service areas are split in such a way that a disparity in
customer mix exists
• Development of other enforcement opportunities
Private enforcement on the part of the franchise holder
PAGE 8 OF 8
SOLID WASTE ORDINANCE REPORT
JUNE 7, 1991
• Conformity of annual report process
Financial review of franchisees' businesses along with
Washington County's & Gresham's reviews should develop
uniform allocation methods for annual reporting
• State law & METRO plan amendments
As these continue to change, the City's ordinance,
interpretation of the ordinance, and process will also
change
• Service complaint handling process
Uniform steps to resolve complaints (new Solid Waste
Advisory Committee resolution allows the Committee to hear
these issues now)
• Solid Waste Management handled by another entity
Tigard has chosen to be included under the Washington County
Wasteshed - would a County-granted solid waste franchise
become more efficient for the City?
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W-,,
CITY OF TIGARD, OREGON
ORDINANCE NO. 91-
AN ORDINANCE OF THE TIGARD CITY COUNCIL AMENDING CHAPTER 11.04, SOLID
WASTE MANAGEMENT, OF THE TIGARD MUNICIPAL CODE.
WHEREAS, the Solid Waste Management Ordinance has not been substantially
amended since 1978; and
WHEREAS, there have been major changes in the solid waste industry as
well as in Oregon law and Metro regulations; and
WHEREAS, the Tigard City Council requested the Solid Waste Advisory
Committee (formerly Utility & Franchise Committee) and staff to review
and recommend necessary language modifications in response to the above
noted changes; and
WHEREAS, the Tigard City Council held a public hearing on June 25, 1991
to allow public testimony on the proposed amendments.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code Chapter 11.04, Solid Waste
Management, is hereby amended as set forth in the attached
EXHIBIT "A", which by this reference is made a part hereof.
SECTION 2: Severability. The sections of this ordinance are
severable. The invalidity of a section shall not affect
the validity of the remaining sections.
SECTION 3: This ordinance shall be effective 30 days after its passage
by the Council, approval by the Mayor, and posting by the
City Recorder.
PASSED: By vote of all Council members present
after being read by number and title only, this
day of , 1991.
Catherine Wheatley, City Recorder
APPROVED: This day of , 1991.
' Approved as to form: Gerald R. Edwards, Mayor
City Attorney Date
ORDINANCE No. 91-
Page 1
r
Y
L
F
{2-}* Area II. Miller Sanitary Service, Inc., Thomas Miller, President,
5150 S.W. Alger Avenue, Beaverton, OR 97005;
{3-)% Area III. Schmidt's Sanitary Service, Inc., john i Z Schmidt,
President, 8325 S.W. Ross, Tigard, OR 9722x#..;
t (a}y Where any area is annexed to the city of Tigard and the area had been
franchised by Washington county for solid waste collection service prior
to annexation, the county franchise shall be recognized as to the area;
but service, term and other requirements shall be those of this chapter.
If the area was franchised to any of those listed in subsection +bA of
this section, the area shall be added by the city manage t7krs tby
amendment to "Exhibit A." For persons other than tFi`o'se a steel`-" in
subsection +b $ of this section, an acceptance of franchise must be signed
and recorded as provided in Section 11.04.070 of this chapter.
*d}#'< Nothing in this franchise or this section shall:
+1+ Prohibit an : fi'rson fram "C transporting •.v:.v: ,'/eX•}:::?,Y.;}}:L.:?•::•::•r:-::h}r^..::...... ~ ....,.:1... ...G , ...};i:.A.. .v~:, :>r::. ~ ;~v
recovering., waste' produced by"'h~eelf tla°`:~s~~~xs~; so Yong as die
complies with this chapter, other"'city "ordinances, and
Chapt'er'""4'5'9 Oregon Revised Statutes, dealing with solid waste
management, and regulations promulgated under any of the foregoing.
For purposes of this subsection, solid waste produced by a tenant,
licensee, occupant or similar person is produced by such person and
not by the landlord, propert, owner or agent of either the landlord
or property owner :>;ad::..:..:€ <:te 7i::xsc<> :..:rs3; < . bai
:.'.r
r: ~ti>`~'kf~~:>s=~:~x7i:#~~~f`<~~`si~z'•<:<:",~,.:.::..:.z`t "::,>.`:..:~~>~"``i~►>~T~#~~F
::#2iG:::EC~k~ ;~:ii~. <s::G~'::':t~l~t!`•,~:Ci>~#f:' :?C'L:
n..:.:• , 5 ...r<.Y::y..t :...:..:.................n...n:..1v}y:•i.....,:.:.A.,.,v..:.,......v+....:.:.:. r...v..,.v.. n:......:..v... ry.
(2)~ Prohibit any person from transporting, disposing of or resource
recovering, sewage sludge, septic pumpings and cesspool pumpings;
Prohibit any person licensed as a motor vehicle wrecker under ORS
481.345 et seq. from collecting, transporting, disposing of or
utilizing motor vehicles or motor vehicle parts;
J4+ Prohibit the city council from withdrawing certain solid waste
services by amendment to this chapter on the basis of a finding
that such regulation is not necessary for the implementation of the
purposes of this chapter or a city, county or metropolitc.n service
district solid waste management plan;
{-5}l Prohibit any person transporting solid waste through the city that
is not collected within the city;
Mfr} Prohibit a contractor'::s>tib0 . E':;E#«;tf3employed to
y.... :...:.;..,.,.r,..:
demolish, construct, or""r"emoc3eY"'a'`tuYc'ing"'o'r""s't"'ructu're, including
but not limited to land clearing, operations r smel
.
wastes, from hauling waste created hat ric acl in connection
with such employment in equipment' t""'contractor and
o erated b that contractor • s em to ees»i> ~`?'e'r"~".'.""'
:::,::.;::.C mrv: n::!•w:.:+.. >.::a:.:.y..?vy"y;}i:::J:Sib:..:•;: n•.. FS.:{:TC:tnY?ti?p;; .a\;y•:. rv... .A:- fr•.~':`.
c~+ax.~c:~vx:::;.:>;~.r•:~:«:c3bh:::<::: era~n:»~:<::1::::;><.. .:t<~:;
{ Prohibit the collection, transportation and reuse of repairable or
cleanable discards by private charitable organizations regularly
engaged in such business or activity including, without limitation,
® Salvation Army, Goodwill, St. Vincent De Paul, and similar
organizations;
Revised 6/1/91 Page 4
44+~ Prohibit the operation of a fixed location where the generator,
producer, source or franchised collector of solid waste brings that
waste to a fixed location for transfer, disposal or resource
recovery; provided, however, that the establishment or maintenance
of any such location brought into being after April 1, 1978, shall
be only by permit issued by the city administrator;
+9+"1*""*"' ; Prohibit the collection, transportation or redemption of beverage
containers under ORS Chapter 459;
flaj=> Prohibit a person from transporting or disposing of waste that
he produc6,,. as an incidental part of the regular carrying on 'o"f
the bus ne
i as of janitorial service; gardening or landscaping
service or renderin "~F•~' ''"r ?s<
d:v ~ ::r,~'-'.'••::~i`•:'5~. . :n~lx : ?..f S;~y).:;{.,~'.~SY.?4:N F N, :~C
:::Yir.< : ::or;<.r:r.<•n:.$.a..~:<?':cE:?.,r •.:;:#::,~'i,:.,.,:.;Ms#.~~:,,:>.c~~.%!.•rtiii.y•.,~'~,7~'~.~....o..... f.¢.#.,. ~:+i
fi • F ~u n. F~ S.a<. F::3..}:wr.Ni,`~'~,i.&,~ia.iYFYT%5nv.
~!:~:;,,:,,,;`.~?~<?•~r '.C?!~i~j,3"N.,~3.r• :~,~`'sx,> :~~z`.€. 1.. ,~i,,r:?3q?~>>'r}.
H-1}sw Require franchisee to store, collect, transport, dispose of or
resource recover any hazardous waste as defined by or pursuant to
ORS Chapter 4 provided, however, that franchisee may engage
in a separate business of handling such wastes separate and apart
from this franchise and chapter;
{12-}-. Prohibit a nonprofit charitable, benevolent or civic organization
from recyclingi wastes provided that such collection is not
a regular or pe'r'iodic business of such organization and that, for
a, , sueb ^e-lsation--aftev Apv4:1 1,r-1978, a eabeeehraet shall-be
obtained SZOER the fir-nnhignp in
or- areas to be sevved gr-
that a permit is obtained from the city administrator.
'
{e} Where a permit is required from the city administrator, it shall be issued
only upon a finding that the service is needed, has not been provided by
the franchisee or, in the case of fixed base facilities, by other persons.
The City Administrator shall give due consideration to the purposes of
this chapter. He may attach such conditions as he determines are
necessary to obtain compliance with this chapter and may restrict the term
of such permit. The permittee will comply with all applicable provisions
of this chapter.
Solid waste placed out for collection, whether or not source-separated,
belongs to the franchisee when so placed; or, where placed out for
collection by a permittee, belongs to the permittee.
~xr;>:::c ~~a:3:~xer:::<:s# ' . ' : ieel> <Ja. -.r
.::?!s.. ....:..xrx..:a .:..................<.:<s:::.:.J.:..r...r.,-::::{.::..:+;:'f.;::4:.;,....,.:::~•:<...::<-:Gf:GI::<F..•:fi:;:C•;::
~ai'r~ yyyy 2 L.~;~y ...~y ytcif A'` `}i:4i'IIL'dti~~:•
•......o:...v.:.....o...,c.cs ...........:.:.:..:....:.......::....:.::::::::::::.<.:::,:::::.>ii:::::::::::::::::<:::c5:',:~.,,:4::;":r::s:-rya::.::
~f}}* Notwithstanding other provisions of this section, if the council finds
that on-route recycling is technologically and economically feasible and
directs that it be instituted:
+1W Franchisees shall be given advance notice of a hearing on the
subject and an opportunity to be heard;
{2-Mii If, after the hearing and on the basis of written findings, the
council directs the service be provided, the franchisees shall be
given a reasonable opportunity to provide the service or
subcontract with other persons to provide it;
{3} If franchisees do not provide the service within the specified
reasonable time, the council may issue a franchise or franchises
for that service and limited to on-route recycling. A franchisee
under this subsection {<shall comply with all applicable
requirements of this chapter.
1
Revised 6/1/91 Page 5
F.
EXHIBIT "A"
s;
CHAPTER 11.04
SOLID WASTE MANAGEMENT
Sections:
11.04.010 Title for citation.
11.04.020 Purpose, policy and scope of chapter provisions.
11.04.030 Definitions.
11.04.040 Franchise-,-Granted to certain persons--Scope of Regulations.
11.04.050 Franchise--Term--Automatic renewal when.
11.04.060 Franchise--Fees.
11.04.070 Responsibility of franchise.
11.04.080 Franchise--Transfer, suspension, modification or revocation--
Conditions.
11.04.090 Rates for service.
11 .04.100 Container requirements and collection limitations.
1 •3'nw.l,.. .1.. f.
}A:di~'t?f+Yf.:.. }yyf$M'k . ..}~vM
aim
.3rfc$?6scr: :J..• 7 1. K: b.w '.~r~ao3rn..a rn:
z
1f~4Yln Offensive wastes as as~es pr rohibited:
11.04.120 Unauthorized deposits prohibited.
11.04.130 Interruption of franchisee's service.
11.04.140 Termination of service by franchise.
11.04.150 Subcontracts.
11.04.160 Rules and regulations.
11.04.170 Enforcement officers.
11.04.180 Violation deemed misdemeanor when--Penalty.
S_.i1.04.010 Title for citation.
The ordinance codified in this chapter shall be known as the "city of
Tigard solid waste management ordinance," and may be so. cited and pleaded,
and shall be cited herein as "this chapter."
11.04.020 Purpose, policy and scope of chapter provisions.
{a} It is declared to be in the public interest for the city of Tigard to
establish this policy relative to the matters of solid waste management
to:
{3}» Provide sufficient waste volume to sustain solid waste management
facilities necessary to achieve resource recovery goals established
by the city, county, State Department of Environmental Quality and
Metropolitan Service District;
{2+0Provide the basis for agreements with other governmental units and
persons for regional flow control to such facilities;
(3}a Insure safe accumulation, storage, collection, transportation,
o- disposal or resource recovery of solid waste;
+44,'$ Insure maintenance of a financially stable, reliable solid waste
collection and disposal service;
Revised 6/1/91 Page 1
i
r
4
r
fir}} Insure rates that are just, fair, reasonable and adequate to
provide necessary service to the public;
+&)A,' Prohibit rate preference and other discriminatory practices which
benefit one ue,,. ..I at expense of other esevs-§ of
t the service or the general public;
{-7} Conserve energy and material resources;
X8}8;; Eliminate overlapping service to reduce truck traffic, street wear,
air pollution and noise;
Provide standards for solid waste service and public
responsibilities; and
rl( Provide technologically and economically feasible recycling by and
through solid waste collectors.
No person shall:
Provide service, offer to provide service or advertise for the
performance of service without having obtained a franchise from the
City of Tigard;
{-9+
Accumulate, store, collect, transport, dispose of or resource
recover solid waste except in compliance with this chapter, other
city eaea, and Chapter 459, Oregon Revised Statutes,
dealing""with solid waste management and regulations and amendments
promulgated under any of the foregoing.
11.04.030 Definitions.
(a)=6empeeeatiee" means and ineiedes+
(i) Any type= €e-- sermviee, Ineiedieg, without
r 1IM tat:"-` V8Hty 19aBe-payments and any Gthei-viir l d• ;
z
(2) The-emehaage e€-seNviees between perseasp a
(a) The flow 99 eensidevablen frefa the person owning 9E peseessing the
se • a waste L LL peveen pro%-!ding the se vi . Ly~..~ LL.
Coen
waste.
"Council" means the city council of the city of Tigard.
~..:~.fi::: des. eel.:: ~O
x stcsa► s:<:<:::: Viz.::::;<:€as i r r:::.:; t toc iable:.::.:c . r .
lli L".,. 5.. }..3f,,'•tt:: j :YiY.~„I M :Si:: F4F1-.~r' :rf.N....3:1. -I! W
s1::`•:1. .
aia 't::>:xnrhzIx>??ec<=e7 us3 val b a
ttte..cxYcz
r..:,.::::.::::::::.:..:::..::::>:::.;:•,.:::..::.....::,.::..:.:..::.::.:.:::.::::>.:::.:...:.:<,...•.:::.1' :.:.:.1? t:;:IIsat
~ med..... ......ths....zet
F::::::.: ~::::.:::.g ~ue~r.:::: fir
nth .
.
rL.ft
c:»::::::xcrts;:.:ommurt.:::]eue
*e}' "Franchise" means the right to provide service granted to a person
Revised 6/1/91 Page 2
r
pursuant to this chapter.
{ "Person"~ means any individual, partnership, association, corporation,
':ss{ trust, firm, estate, joint venture or other public or private
legal' entity
r {i:;
. 1.'S:.. }..T7f.!!.'}}r:lr ~i}Ifl!.:..:lM.' .Mir*~~~~I~n'•~:1FK'G"?r .73?`%%{h..
#.'k.7.~j«.1~`.~'`":^£:~i..T°.';.J:~~r~?`~.'. s:~'►'x::#~.'~3~::8#:~7.5~1~'"x':.. .`'.r::''.'•
ia f~,c'g.v<::•.F.r,.r:.w:.<:•.~?.xr,:.;<..:mac.:»..:~:::.e:.~ :::.:.:,<.,::.:..:.c.:..c:.u,.vr..:x...':.u<rtcxro-..;:}~Ji.YJ,.+.i.:4vJU:4i:Rhrur,>,wJ3,:4:4x•:4ru}xu::x.Yiiw/::Gi~i'.ii;'R.kiix:.:
{e};r "Putrescible material" means organic materials that can decompose and may
give rise to foul-smelling, offensive, odors or products.
"Resource recovery" means the process of obtaining useful material or
energy resources from solid waste and including energy recovery, materials
recovery, recycling and reuse of or from solid waste.
(g}. "Recycling" means any process by which solid waste materials are
transformed into new products in such a manner that the original products
lose their identity.
{y "Reuse" means the return of a commodity into the economic stream for use
in the same kind of application as before without a change in its
identity.
Wag
"Service" means the collection:'; ate--trans ortation
t 3 & : x.~e #x.. ..0><::::.ret x> of solid waste?<
(}jr "Solid waste" means all putrescible and non-putrescible wastes, including
but not limited to garbage, rubbish, refuse, ashes, wastepaper and
cardboard; residential, commercial, industrial, demolition and
construction wastes; discarded home and industrial appliances; vegetable
or animal solid and semisolid wastes; dead animals,s#it
.40 Vii:l` and other wastes.
+101 For the purpose of this subsection, "waste" means any material that
x' is no longer wanted by or is no longer usable by the Y Y generator,
producer or source of the material, which material is to be
disposed of or to be resource-recovered by another person. The
fact that materials, which would otherwise come within the
definition of "waste" may from time to time have value and thus be
resource-recovered does not remove them from this definition.
Source-separated wastes are "wastes" within this subsection.
-E-2-}.' The term "solid waste" does not include any "hazardous waste" as
defined by or pursuant to ORS Chapter 459
~.}4x}••}:<' ~~~.i::J:•~id31K<i>`klTeks'::.~;~~i.~~;~3'k>':'.• 4;.
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aox
11.04.040Franchise - Granted to Certain Persons - Scone of Reaulations.
Subject to the provisions of this section, this chapter, the city charter,
and any amendments to these documents, there is hereby granted to the
following persons an exclusive franchise to provide service within the
exclusive area shown within a map of existing franchised areas on the
effective date of the ordinance codified in this chapter, which map is
hereby attached hereto, marked "Exhibit A", and by reference is hereby
incorporated herein.
The franchisees are:
Area i. Pride Disposal company,
Leichner, President,
P.O. Box 8 B 7, Sherwood, OR 97140;
Revised 6/1/91 Page 3
i
i
F4-}' Nothing in this subsection shall prevent the franchisees from
instituting on-route recycling prior to a council determination nor
from including income and expense in the rate justification
section.
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11.04.050 Franchise--Term-Automatic renewal when.
-Fa}fi The rights, privileges and initial franchise granted herein shall continue
and be in full force to and including the thirty-first day of December
1988, subject to terms, conditions and payment of franchise fees to the
city as set forth in this chapter.
134 Unless the council acts to terminate further renewals of the franchises
herein granted, each January let, the franchises are automatically renewed
for a term of ten years from "Wanuary let
s-snayfa.
11.04.060 Franchise--Fees.
Fa} Effective July 1, 1978, as compensation for the franchise granted to each
franchisee and for the use of city streets, the franchisee shall pay to
the city a fee equal to three percent of gross cash receipts resulting
from the solid waste services conducted under the franchise. Such fees
shall be computed on a quarterly basis and paid within thirty days
following the end of each quarter calendar year period. Each franchise-
shall maintain an adequate bookkeeping system showing the gross cash
receipts resulting from the solid waste services conducted under the
franchise. Records shall be open at all times for audit by authorized
personnel designated by the city administrator.
l
{~a} Wilful misrepresentation of gross cash receipts by a franchisee shall
constitute cause for immediate revocation of the franchise, pursuant to
Section 11.04.080 of this chapter.
The franchise fee shall be in lieu of any business license or regulatory
fee or tax, but shall not be in lieu of any ad valorem tax, imposed by the
City of Tigard.
11.04.070 Responsibility of franchisee.
f The Franchises shall:
-f-1 Resource-recover or dispose of wastes collected at sites approved
by the city that are in compliance with Chapter 459, Oregon Revised
Statutes and regulations promulgated thereunder;
:E« Provide and keep in force public liability insurance, with a
thirty-day cancellation clause;` in the amount of- net less than
hundred themeand hays ia avz--hea single-fie aGn, three
hwadvnd th a + ..F and rt ra._ *L_
-a dell--s,
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zsit7tt":`relating to as:ingTeoccurrence, h
which aa::: ~l be evidenced
Fiy City recorders « the fifty siialx bs nod as azz a Y1 'J_= ai irsc1
41`:.:::::..:: fie"Insurance s1 ' :i'ndemfrE fy>Yaric:>s:t;
y aye fie
City"Harmless"against`"'liability or damage which may arise or occur
from any t1`reaultinq from the
franchisee's operation under this cha ter.
+3+ Within thirty days after the effective date of the ordinance
codified in this chapter, file with the city recorder a written
acceptance of the franchise;
Revised 6/1/91 Page 6
Furnish sufficient collection vehicles, containers, facilities,
-E4++4ru:wY
personnel, finances and scheduled days for collections in each area
of the city necessary to provide all types of service required
under this chapter or subcontract with others to provide such
service pursuant to this chapter;
Provide a cash security deposit or a performance bond in the amount
of five thousand dollars to guarantee payment to the city or other
affected person of a judgment secured against the franchise holder
because of work performed that does not conform with the
requirements of this chapter or other ordinances of the city. The
deposit or bond shall continue until one year after expiration of
the franchise, or until all claims or demands made against the
franchisee have been settled or secured;
+6+60 Collect no single-family residential solid waste before five a.m.
or after seven p.m. unless this condition is waived by the city
administrator or #l-a-designee;
47*1..` Provide collection and disposal of solid waste from all city
facilities, city parks, city sidewalk containers and city activity
area. at no cost to the city on a regular schedule;
44+$ii* Make collection no less often than once each week, except for will-
call collections and drop box operations, and except as provided
in Section 11.04.140;
+9+ Permit inspection by the city of the franchisee's facilities,
'equipment and personnel at reasonable times;
+1 G Respond to all calls for special hauling requiring equipment
regularly supplied by franchisee within ninety-six hours of
receiving said call unless a later pickup is agreeable to the
customer. Special hauling of containers or drop boxes supplied by
franchisee is dependent upon availability of those containers or
boxes;
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fb-)*h A franchisee may require a contract from a customer who requires an
unusual service involving added or specialized equipment solely to provide
-that service. The purpose of this subsection is to prevent the added cost
from being assessed against other ratepayers if the customer later
withdraws from service.
Revised 6/1/91 page 7
11.04.080 Franchise--Transfer, suspension modification or revocation--Conditions.
The franchisees shall not transfer this franchise or any portion thereof
to other persons without sixty days prior written notice of intent and the
subsequent written approval of city council, which consent shall not be
unreasonably withheld. The city council shall approve the transfer if the
transferee meets all applicable requirements met by the original
franchisees. A pledge of this franchise as financial security shall be
considered as a transfer for the purposes of this subsection. The city
council may attach whatever conditions it deems appropriate to guarantee
maintenance of service and compliance with this chapter.
{b}f3` Failure to comply with a written notice to provide the services required
by this chapter or to otherwise comply with the provisions of this chapter
after written notice and a reasonable opportunity to comply shall be
grounds for modification, revocation or suspension of franchise.
After written notice from the city council that such grounds exist,
franchisee shall have thirty days from the date of mailing of the
notice in which to comply or to request a public hearing before the
city council.
If franchisee fails to comply within the specific time or fails to
comply with the order of the city council entered upon the basis
of written findings at the public hearing, the city council may
suspend, modify or revoke the franchise or make such action
contingent upon continued noncompliance.
~3}r At a public hearing, franchisee and other interested persons shall
have an opportunity to present oral, written or documentary
evidence to the city council. The finding of the city council
thereon shall be conclusive; provided, however that such action may
be reviewed by a court on a writ of review.
{-4+
Mi-N In the event that the city council finds an immediate and serious
danger to the public through creation of a health or safety hazard,
it may take action to alleviate such condition within a time
specified in the notice to the franchisee and without a public
hearing prior to taking such action.
11.04.090 Rates for service.
(a~4: The rates to be charged to all persons by the franchisee shall be
reasonable, uniform, and based upon the level of service rendered
tate'r:: ,.r?. lca
:..:.........:::.:..::::.::.Y>>:::;::::::::.:• " :..:..:3 atrss haul distance
concentration of dwelling unats and other factors which the city council
considers to justify variations in rates that outweigh the benefits of
having a single rate structure unless otherwise noted in this chapter;
*b+B- Nothing in this section is intended to prevent:
+14 The reasonable establishment of uniform classes of rates based upon
length of haul; type of waste stored, collected, transported,
disposed of, salvaged or utilizedp or the number, type and location
of customer's service, or
,.::.::.:.r f ,
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dt#ya?k1q#A` or upon other factors as lon as
sucT"'rates are° reason""ai'Yy'ase`"upon the cost of the particular
service and are approved by the city council in the same manner as
other rates;
(~-}2w The franchisee from volunteering service at reduced cost for the
civic, community, benevolent or charitable program.
Rates to be charged by the franchisees under this chapter shall be set by
the city council by. resolution as?' aeemed necessary by the council.
Except, inereases a#g in charges to the franchises for solid waste
disposal sit ::r..,,:•.:
e fees?
4ME1t~x`>s~ixtti~G~~t7C<:s• ,
a governmental
Revised 6/1/91 Page 8
agency sna}*- be lincluded in the rates by eeanoil , provided
such e~~easee-#g~ y are evenly distributed among the rates. The
franchiseAs sha11 prov1dle sixty days written notice with accompanying
justification for all other proposed rate changes. The council shall give
/ due consideration to the purposes
•..oses of this chapter and the annual report
1 filed by the franchisees :*h•, '...:...xx:•,, "'-.:z' •>::;:,>Y;;.;>;•>: . X<v :..>::x;: >,,rx • ,.,,;u »;t .
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f a I The franchisee shall be provided with thirty-day prior written notice with
accompanying justification for a city-initiated reduction in rate
schedule.
+e+ Unless a governmental unit or legislative body has raised or lowered the
cost of providing service or there is a substantial increase in the cost
of doing business that was not provided for in the previous rate
adjustment, rate adjustments shall be made annually on the following
schedule:
{-a-}f on or before March lot, the franchisee shall file an annual report
(Exhibit "B.G"I with the city recorder for the year ending the
previous December 31st.
-(4- y# The city administrator shall report to the council by April lot on
the franchisee reports and propose rate adjustments if any. H1970
MIA-' make such recommendations as appropriate to £fie
rate determination. A copy shall be delivered to each franchisee.
(3~- The council may set a hearing on any proposed rate adjustment.
"f Unless there is good cause shown and recorded in the minutes of the
eauis(tl#, the council shall act upon any rate adjustment by
May 3lst``"'and the adjustment shall take effect June lot. Rate
adjustments shall be t resolution and oEdev of the council.
The reports are required from each franchisee regardless of whether
or not a rate adjustment is requested.
+ft Emergency rates or an interim rate for a new or altered service may be set
by the city administrator; provided, however, that an emergency or interim
rate is not valid for more than six months from the effective date. The
city administrator shall report any emergency or interim rate adopted
together with justification to the council for action by resolution and
order, if the rate is to continue for more than six months.
{g}Ct Rates established by the council are fixed rates and the franchisee shall
not charge more or less than the fixed rate unless pursuant to subsection
14-) ~N of this section.
Nonscheduled services shall be charged at the reasonable cost of providing
the service taking into consideration the factors in subsection dad`NRW%
Of this section and as determined by franchisee.
In establishing rates, the council may set uniform rates, uniform rates by
zone and different rates for collectors where there is a service and cost
justification.
{ Until changed by the council, rates to be charged are those in effect on
the effective date of the chapter. iashedule -e€ these rates is -t h a
to the GL-d : L
~aa~a-t.,..-„z•€#ed hewein, maE~eed ~aF#3=blt and =.r-t#rfs
resevenee is laserpowated herein
~~G¢ If approved in a rate schedule, a "start charge" for new service and a
"restart charge" for reinstituted service may be added.
+1+::# Franchisee may request and the council shall schedule a public hearing on
the application for adjustment or action of the council where no public
hearing has been held prior to rate determination.
Franchisee may require payment for residential and multi-family
Revised 6/1/91 Page 9
E
t
residential service up to three months in advance, and may bill up to
three months in advance, arrears, or any combination. Where billed in
advance, franchisee will refund a prorated portion of the payment for any
complete months in which service is not to be provided. Where billed in
advance, no rate adjustment shall be effective until the end of the
advance payment.
+a+#-" Any person who receives solid waste service from the franchisees shall be
responsible for payment for such service. The owner of a rental or lease
facility shall be liable for payment for services provided to a tenant of
such dwelling if the tenant fails to make timely payment for such
services. The owner of any multiple-unit rental or lease facility having
two or more units shall be primarily responsible for services provided to
the occupants of such facility, and shall be billed for the services.
{e+O Franchisee may charge at time of service for drop-box service or for any
customer who has not established credit with franchisee.
11 04 100 Container requirements and collection limitations.
?W; In addition to compliance with ORS Chapter 459 and regulations promulgated
pursuant thereto and in Section 11.04.100:
1. To achieve the purposes of this chapter, to prevent recurring back
and other injuries to collectors and other persons, to comply with
safety instructions to collectors from the State Accident Insurance
Fund, and to comply with safety, health and environmental
safeguards:
Solid waste
}1:4Y:n'1 iiYi%?FA.9•' :YT.:n }}r:.:Jw YHJFiN'*W....
shall. have nXUU96 }H' 34W)t\•J(J}r esf. 3ta J.•J:pering
sid ou£warrf to the
opening at the top that provides for unobstructed dumping
of the contents, „all-nz-two handles on opposite sides,
a close-fitting lid with handle, not to exceed thirty-two
gallons' capacity, and be watertight in construct iorJ{Gans
shall be made of metal or some rigid material that will not
crack or break in freezing weather: shall be
waterproof, rodent-resistent and easili}.cleanable# ire
selld ;caste san- of enntwainer shall : ~ exceed
>gross loaded, weight
G M"
Beeurely wNamed in paper
+8+6 Sunken refuse cans ec p a a or containers shall not be
used, unless they are p'lace''#•'•aiboveground by the owner for
service.
On the scheduled collection day, the shall
provide safe access to the pickup point s&16 oes not
jeopardize the safety of the driver of a collection vehicle
or the motoring public or create a hazard or risk to the
person providing service. Gans- , must be in a
visible (from the street or alley)' `locate on which may be
serviced and driven to by satellite vehicles where
practical. Access must not require the collector to pass
behind an automobile or other vehicle or to pass under low-
hanging obstructions such as eaves, tree branches,
clotheslines or electrical wires which obstruct safe
passage to and from Gans- '.j•»:«. fiaas- OMil,
must be at ground level, oiite of garages, fences and
other enclosures, and within one hundred feet of the street
right-of-way or curb. Where the city maeag~k+
finds that a private bridge, culvert or other structure or
road is incapable of safely carrying the weight of the
collection vehicle, the collector shall not enter onto such
structure or road. The user-#".; shall provide a safe
alternative access point or system.
Revised 6/1/91 Page 10
i
M
{B} All solid waste ea*&s-.r located at single-family
residences shall be pYacec together in one authorized
location on the regularly scheduled collection day.
® ~E All solid waste receptacles, including but not limited to
cans, containers and drop boxes, shall be maintained in a
safe and sanitary condition by the customer-ew--aserm.
-(-F)-* Solid waste service customers shall place items not
intended for pickup at least three feet from solid waste
Gan(s) er
iras..~~,.JJ.JJ'44rrl e-
-(G4* No person shall block the access to a solid waste container
or drop box.
No perBea shall depeelt ro aos xex in pox =•'ut o mQ ox xax xx
any dvep ben r taro supplied s by e. ..hi : LU.eat
~
i r Of fEanehleee.
f~~---die-perSena shall take e3 Eemeve any Gelid waste e out
iev eelleetie- by €vanehlsee er- permittee sndeL- this
ehaptev.
{~#7 No person shall place any hazardous waste, as defined by or
pursuant to ORS Chapter 459-4$', out for collection by
another person, franchisee or ]e4 ittee, or place it in any
container supplied by such a person, franchisee or
permittee without prior written notification and acceptance
by the person, franchisee or permittee and also upon
compliance with any requirements of ORS Chapter 459 and
any rules or regulations thereunder.
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~~4}aiy All putrescible solid wastes shall be removed from any
premises at least once every seven days, regardless of
whether or not confined in any container, compactor, drop
aa.
box or eaice ~4}}:.;;2:FFF:JJ
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peemeft
nu .tsme shall
useany"solid wart'e"cM' -r "container
er ..,ovo unless it is supplied by the franchisee
or is approved by hx►-[ <on the basis of safety,
equipment compatibility, avail 'Lli.ty of equipment and the
purposes of this chapter.
OW Containers (and drop boxes) shall be cleaned by the
customer; provided, however, that the franchisee
shall paint the exterior and provide normal maintenance.
The customer or- user shall be liable for damage beyond
reasonable wear and tear.
container customers shall supply a location and properly
maintain containers so as to meet standards of the Gen-m-m-er
(0) All leads ef selld wastes that ffia=-eeattei:-, blew, lea3c eie
ethe J. _ ee e8eape, and-whethew erg ee~~eet s e o~-~,~
sv sbal- he---wvter-ec~-s;Ag trst-te disposal or
r-eseuree
1
Revised 6/1/91 Page 11
the ReeeSBaEy equipment to handle the so-lid .._-t__.
{ --A eontainer few h Ede -ethev epeela! wastes
shall ybee
^
tlestl~
appEepElately labeled and plaeed -a*:..-- _1 bien- '
"
to thda=l it shall `
~ the ie.- if the eenbainer is reusable,
suitable €e=-eleaning-and-be--eieaaed, (See alse
Eequ#remente 89 ORS Ghapter 469 and zuIes and Ee at ens
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{e}L No stationary compactor or other container for commercial or industrial
use shall exceed the safe-loading design limit or operation of the
collection vehicles provided by the franchisee serving the seEvlee-area.
Upon petition of a group of customers reasonably requiring special
service, the city council may require the franchisee to provide previBien
€ec vehicles capable of handling specialized loads, including but not
limited to front-loading collection las and drop-box e3 o" and
systems.
`37-Te-prevent injuEles to risers eesteffiere and-eeiieeteEsy enary
eempaeting deviees CeE handling solid wastes shall eamply with applieable
{4}J! Any vehicle used by any person to transport wastes shall be so loaded and
operated as to prevent the wastes from dripping, dropping, sifting,
blowing or otherwise escaping from the vehicle onto any public right-of-
way or lands adjacent thereto.
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11.04.110 Offensive wastes prohibited.
w: No person shall have waste on property that is offensive or hazardous to
xA`M the health or safety of others or which creates offensive odors or a
condition of unsightliness.
11.04.120 Unauthorized deposits prohibited.
No person shall, without authorization and compliance with the disposal
site requirements of this chapter, deposit waste on public property or the
private property of another. Streets and other public places are not
authorized as places to deposit waste except as specific provisions for
containers have been made.
Revised 6/1/91 Page 14
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11.04.130 Interruption of franchisee's service.
sK The franchisee agrees, as a condition of a franchise, that whenever the
city council finds that the failure of service or threatened failure of
service would result in creation of an immediate and serious health hazard
or serious public nuisance, the city council may, after a minimum of
twenty-four hours' actual notice to the franchisee and a public hearing if
the franchisee requests it, provide or authorize another person to
temporarily provide the service or to use and operate the land, facilities
and equipment of, a franchisee to provide emergency service.%r`s"';"::
s? s. ,r lest b `°:€>:~~Za<>•fraxich
auch:<>:mae~~Y :s.::reata3a~lahed»:
council shall """r'etii"rn"'any"" 'sea zed""'property aiict business upon abatement of
the actual or threatened interruption of service, and after payment to the
city for any net cost incurred in the operation of the solid waste
service.
11.04.140 Termination of service by franchiseE#.
w The franchisee shall not terminate service to all or a portion of h#S
customers unless:
1. The street or road access is blocked and there is no alternate
route and provided that the franchisee shall restore service not
later than twenty-four hours after street or road access is opened;
2. As determined by the franchisee, excessive weather conditions
render providing service unduly hazardous to persons providing
service or to the public or such termination is caused by accidents
or casualties caused by an act of God, a public enemy, or a vandal,
or road access is blocked;
3. A customer has not paid for provided service after a regular
billing and after a seven-day written notice from the date of
{ mailing, which notice shall net be sent: less than fifteen days
after the first regular billing; or
4. Ninety days written notice is given to the city council and to
affected customers and written approval is obtained from the city
council;
5. The customer does not comply with the service standards of section
11.04.100 of the chapter.
11.04.150 Subcontracts.
The franchisees may subcontract with others to provide a portion of the
service where the franchisees do not have the necessary equipment or
service capability. Such a subcontract shall not relieve the franchisees
of total responsibility for providing and maintaining service and from
compliance wath this chapter. k'ranchsea! shall g~avidet wittex xtat3ce tQ
v::<::axitsr~:ztg<::~xz~;';guch<'i?~, ;aiuex~:: . .
11.04.160 Rules and regulations.
The city administrator or hie-designee may propose and prepare rules and
regulations pertaining to this chapter. The rules and regulations shall
be printed or typewritten, and be maintained for inspection in the office
of the city recorder. All proposed rules and regulations promulgated
under the authority of this section, and all amendments thereto, shall be
immediately forwarded to the franchisee operating under this chapter for
his response. The franchisee shall have thirty days to respond in writing
to such proposed rules and regulations. The rules and regulations and any
amendments thereto shall be approved by the city council following said
thirty-day period.
Revised 6/1/91 Page 15
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11.04.170 Enforcement officers.
% The cit administrator shall enforce the provisions of this chapter, and
#~#e- :"agents, including police officers and other employees so
designs ec~'; may enter affected premises at reasonable times for the
purpose of determining compliance with the rovisions and terms of this
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11.04.180 Violation deemed misdemeanor when--Penalty.
Violation by any person of the provisions of sebsee'ti "b` es Seetien
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, : >•.,.tr rf.«•> xY . : sA:' P .
13-. 64-, 169, of this cha ter:'.
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3? h.: N : t y r IMM s~a be deeme$ a
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shall lie un3.shab'"Ye`
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CHAP11O6.II
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Revised 6/1/91 Page 16
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CITY OF TIGARD, OREGON
RESOLUTION NO. 91- `
C
A RESOLUTION OF THE TIGARD CITY COUNCIL SETTING THE FEE FOR PROCESSING i
THE STATIONARY SOLID WASTE COMPACTOR PERMIT.
WHEREAS, Chapter 11.04, Solid Waste Management, of the Tigard Municipal
Code requires a permit application for stationary solid waste compactors
be accompanied by the required fee; and
WHEREAS, no fee has previously been established for said permit. t
NOW, THEREFORE, BE IT RESOLVED by the Tigard City council that:
SECTION 1: The stationary solid waste compactors permit fee shall be
$100.
PASSED: This day of , 1991.
Mayor - City of Tigard
ATTEST:
r
City Recorder - City of Tigard
le/swres
F
RESOLUTION NO. 917
Page 1
Y
V
COUNCIL AGENDA ITEM NO.
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 25, 1991 DATE SUBMITTED: June 13, 1991
ISSUE/AGENDA TITLE: State Shared PREVIOUS ACTION: Budaet Committee
Revenue and Revenue Sharing Meetin of M 20, 1991
PREPARED BY: Wayne Lowry, Fin.Dir.
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Budget Committee
OLI Y ISSUE
ORS 221.760 and 221.770 require the City to pass an ordinance declaring its
election to receive state revenues and a resolution certifying its qualification
to receive state shared revenues.
INFORMATION SUMMARY
o The approved 1991/92 Budget includes the following State Shared Revenues:
Cigarette Tax $ 94,280
Liquor Tax 240,000
State Gas Tax 1,276,005
$1,610,285
In order to become eligible for such state revenue, the Council must
certify that it provides four or more services enumerated in section 1
of ORS 221.760. The City provides the required services but must pass
a resolution certifying that such services are provided (see attached
resolution).
o The approved 1991/92 Budget also includes state revenue sharing in the
amount of $110,000. In order to receive such funds, the City Council
must make an election by ordinance stating that the required public
hearings were held (see attached ordinance).
ALTERNATIVES CONSIDERED
1. Approve the attached Resolution and ordinance qualifying the City to receive
state revenues and revenue sharing.
2. Do nothing.
FISCAL IMPACT
1. Provides state funding in the total estimated amount of $1,720,285.
2. Reduces Adopted Budget by $1,720,285.
SUGGESTED ACTION
Staff recommends approval of Resolution and ordinance.
)
c-
a
COUNCIL AGENDA ITEM (1'
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 25, 1991 DATE SUBMITTED: June 13, 1991
ISSUE/AGENDA TITLE: Ado tion of 1991/92 PREVIOUS ACTION: Budget Committee
Budget recommendation - May 28, 1991
f PREPARED BY: Wayne Lowry
DEPT HEAD OK W- Vtv- CITY ADMIN OK REQUESTED BY: Budget Committee
P LICY ISSUE
Local budget law requires that a budget for the ensuing fiscal year be adopted by the governing body, after
approval by the Budget Committee and after a public hearing has been held before the City Council.
- -
INFORMATION SUMMARY
The City of Tigard Budget Committee reviewed the 1991192 Proposed Budget as submitted by the Budget
Officer. The Budget Committee completed their review on May 28, 1991 with approval of the budget as
amended by the committee, in the amount of $24,156,125. The committee's recommended budget is reflected
in the attached Resolution "A".
Local budget law gives the governing body the authority to make certain changes to the Budget Committee
recommendation prior to adoption of the budget. The Council may adjust budget resources up or down and may
increase or decrease expenditures. Increases in expenditures are limited to 10% of the published total in each
fund.
The following changes to the recommended budget within the limits of Council authority are proposed:
• Carryover of Operations site improvements 32,300
• Recognition of estimated revenue and expenditure for Metzger sidewalk grant 60,732
The Budget Committee recommended budget inclusive of the above changes results in a budget of $24,249,157.
The recommended budget with the proposed changes is reflected in Resolution "B".
ALTERNATIVES CONSIDERED
1. Adopt Resolution "A" per Budget Committee recommendation.
2. Adopt Resolution "B"- Budget Committee recommendation with certain changes within Council's local budget
law authority.
FISCAL IMPACT
1. Provides appropriations of $24,156,125.
2. Provides appropriations of $24,249,157.
SUGGESTED ACTION
Staff recommends approval of Resolution "B".
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CITY OF TIGARD
BUDGET COMMITTEE MEETING
MINUTES OF MAY 28, 1991
The meeting began at 4:00 p.m.
Members Present: Phil Westover; Judy Christensen; Gerry
Edwards; Floyd Bergmann; Valerie Johnson; John
Schwartz; George Burgess (arrived at 4:30
P.M.)
The minutes were reviewed. Valerie moved to approve as submitted,
Floyd seconded. Vote: All in favor, none opposed.
The Committee discussed monitoring social agency activities and the
fact that there should be some policy or guidelines for the
Committee to follow in dealing with requests.
The Committee discussed the $3,000 request by the Women's shelter.
After a short discussion, Valerie moved to delete the requested
$3,000, Floyd seconded. Vote: All in favor, none opposed.
The Committee discussed the Library expansion grant application and
City matching funds requirement.
John suggested that if capital funds need to be raised for City
match, they should be done through voter approved bond issue, not
from tax base dollars due to Measure 5 caps.
Pat mentioned that there was no allowance in the 5-year plan for
such additional capital expenditures and that associated Library
operating expenditures were also not included.
The Committee decided not to create a reserve but agreed that the
grant should be pursued.
The Committee discussed training and travel estimates. Pat
explained that each department requests training and travel amounts
for specific classes, etc. Wayne and Pat then trim the requests
back to the 1.8% of wages and benefits. Phil commented that a
percentage was a common way of determining this amount. Valerie
expressed confidence in Pat's judgment on training matters.
The Committee discussed the Library and recreation programs.
Valerie supported the requests but mentioned that if Measure 5
impacts City funding in the future, recreation would be among the
first activities considered for cutbacks.
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Budget Committee Meeting
5/28/91 Minutes
Page 2
The Committee then proceeded to review the Budget by Program:
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Community Services: The discussion of the Police Department took
place at a prior meeting. Pat mentioned that Police are applying
for a traffic enforcement grant that may fund additional positions.
Several other questions about details in this program were
answered. The Committee discussed the mower requested by Parks.
Staff answered questions. Pat commented that greater scrutiny of
capital items happens when the actual purchase is being requested.
Field Operations: Pat explained the reduction in staff. The
Committee discussed various capital equipment items. Pat explained
the rationale behind contracting for street sweeping.
Development Services: Pat explained traffic study requests and
that they were offset by revenues in the General Fund from property
developers and other agencies.
Pat mentioned that building activity has declined and that
reductions in development staff are possible. We will be reviewing
building activity closely over the summer.
The Committee discussed cellular phones for inspectors.
Policy and Administration: General discussion.
General Government: The City Attorney arrangement was discussed.
Contract versus on-staff. It was agreed that the contract
provided the City with much more legal expertise than in-house
attorneys could provide.
After discussions, the following motions were made:
1. Motion to approve the 1991/92 proposed budget as amended by
the Budget Committee in the amount of $24,156,125. Motion
made by Floyd, seconded by George. Vote: all in favor, none
opposed.
2. Motion to approve the 1991/92 property tax levies as follows:
Tax Base $3,580,449 2.03
G/O Debt Service 238,450 .15
Road Bond Debt Service 1,001,260 .63
Park Serial Levy 350,000 .20
$5,170,159 3.01
Motion made by Judy, seconded by Phil. Vote: all in favor,
i none opposed.
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5/28/91 Minutes
Page 3
Proposed Budget $24,163,625
. delete Summerfield Shuttle (2,000)
. delete portion of Neighbor Share (2,500)
. delete Women's Shelter (3,000)
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Approved Budget: $24,156,125
After some general discussion, the meeting was adjourned at 5:40
p.m.
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011111~~ ROPRIPAPI
Notice of Budget Hearing
AIP A meeting of the Tigard City Council will be held on Tuesday, June 25, 1991, at 7:30 p.m. in
the Town Hall Room at City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Included on the
agenda will be a public hearing to discuss the budget for the fiscal year beginning July 1,
1991, as approved by the City's Budget Committee. A summary of the budget is presented
below. A cop,
.1 of the budget may be inspected or obtained free of charge at City Hall between
the hours of 8:00 a.m. and 5:00 p.m. The budget was proposed on a basis of accounting
consistent with the preceding year.
BUDGET SUMMARY
Actual Adopted Approved
Revenues by Fund 1989/90 1990/91 1991/92
General Fund 7,971,133 7,823,401 9,239,632
Sanitary Sewer Fund 1,769,192 2,011,653 2,292,750
Surface Water Fund 971,631 983,746 1,499,750
Criminal Forfeiture Fund 7,083 -0- 6,083
State Gas Tax Fund 1,046,992 1,411,230 1,744,205
County Gas Tax Fund 159,307 169,425 170,000
County Road Levy 23,442 -0- -0-
Traffic Impact Fee -0- -0- 947,000
Streets SDC Fund 848,579 729,349 21,870
Parks SDC Fund 138,212 152,900 237,000
Water Quality/Quantity -0- -0- 51,200
General Oblig. Debt Service 1,362,116 1,266,994 1,338,032
Bancroft Bond Debt Service 2,065,203 3,452,379 1,034,069
Certificate Debt Service -0- 205,450 346,250
Special Assessment CIP Fund 2,408,247 365,000 2,545,000
Road Bond Improvement Fund 8,655,407 6,110,200 3,103,200
Park Levy CIP Fund 1,267,722 1,353,000 670,150
Total Revenue 28,694,266 26,034,727 25,246,191
Ad-Valorem Tax Revenues 3,746,832 4,051,587 5,032,482
Non Ad-Valorem Tax Revenues 24,947,434 21,9831140 20,213,709
Total Revenue 28,6® 26,034,727 25,246,191
TAX LEVY SUMMARY
Levied Actual
1990/91 Tax Rate
General Fund Tax Base 2,566,282 1.68
Parks Serial Levy 350,000 0.23
Civic Center Debt Service 259,548 0.17
Road Bond Debt Service 1,057,015 0.69
Total 4,232,845 2.77
BUDGET COMMITTEE APPROVED 1991/92
Taxes Estimated Total Estimated
to Balance Delinquents Levy Rate
General Fund Tax Base 3,312,000 268,449 3,580,449 2.03
Parks Serial Levy 323,750 26,250 350,000 .20
Civic Center Debt Service 220,567 17,883 238,450 .15
Road Bond Debt Service 926,165 75,095 1,001,260 .63
Total Levies 4,782,482 387,677 51170,159 3.01
Total Levies 5,170,159
( Less estimated delinquents (387,677)
Plus prior years collections 250,000
Total Ad-Valorem Tax Revenues 5,032,482
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EXPENDITURE SUMMARY BY CATEGORY
Actual Adopted Approved
1989 90 1990/91 1991/92
Personal Services 5,261,585 6,589,030 6,805,764
Materials & Services 1,989,810 2,290,840 2,797,121
Capital Outlay 356,154 522,487 373,785
Total Operating Budget 7,607,549 9,402,357 9.976,, 670
Debt Service 3,429,989 4,355,425 2,698,613
Capital Projects 4,558,696 10,254,083 9,992,881
Contingency/Reserves 2,031,230 2,012,661 1,487,961
Total Expenditures 17,627,464 26,02 26 24,156,125
EXPENDITURE SUMMARY BY PROGRAM
Actual Adopted Approved
1989/90 FTE 1990/91 FTE 1991/92 FTE
Community Services 3,269,934 4,136,652 4,540,921
Field operations 1,017,497 1,544,923 1,398,949
Development Services 1,601,363 1,772,599 2,075,057
Policy & Administration 1,005,488 1,400,529 1,577,865
General Government 713,267 547,654 383,878
Operating Budget 7,607,549 549 157.50 9,402,357, 167.75 9,976,670 162.50
Debt Service 3,429,989 4,355,425 2,698,613
Capital Project 4,558,696 10,254,083 9,992,881
Contingency/Reserves 2,031,230 2,012,661 1,487,961
Total Expenditures 17,6 64 26,024,526 246156,125
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C~ MAJOR PROGRAMS AND CHANGES
Full Time Equivalent (FTE)
The 1990/91 proposed budget included 167.75 FTE cap on positions set by the Budget Committee.
During 1990/91, the Police dispatch operation was transferred to Washington County
Consolidated Communications Agency (WCCCA). As a result of the reduction of dispatch staff,
the resulting FTE cap for 1991/92 is 162.5 FTE. The proposed budget as amended by the i
Budget Committee was approved with no increase in the FTE cap and therefore no new positions
for 1991/92.
Community Services
The Community Services program includes direct services to the public, such as Police,
Library, social services and Park Maintenance. All such services are funded solely with
General Fund revenues.
The Police Department is requesting one new police officer position and replacement of
several non-patrol police vehicles.
The Library, in response to increasing circulation and increasing popularity of open Sunday
hours, is requesting a 1/2 FTE for Sunday reference service, and additional hours for
existing staff.
The Parks Maintenance unit is requesting the purchase of a versatile large area mower for
mowing park and greenway areas. Because of the efficiency of this new equipment over current
equipment, the Park unit has reduced their staffing request by .5 FTE.
The Police position became available within the FTE cap due to an unused vacant position in
C Sanitary Sewer maintenance. The Library .5 position became available within the FTE cap due
to the reduction in Park staffing.
Field Operations
The Field Operations program includes Sanitary Sewer, Storm Sewer, and Streets Maintenance
activities. Also included are Vehicle and Equipment Maintenance, and Property Management.
The Sanitary Sewer maintenance unit staffing was reduced by 1 FTE. Staffing levels in all
other units in this program are unchanged.
Sanitary Sewer and Streets Maintenance are each requesting replacement of their dump trucks.
Both trucks being replaced are 5-7 yard and each is over 13 years old.
The Street Sweeping operation will be contracted out to a private company rather than being
done by Street crews. This decision was made in an effort to reduce costs and to increase
frequency and consistency of street sweeping, and to focus more resources on maintenance and
patching of City streets.
Development Services
The Development Services program includes Building Inspection, Planning, and Engineering.
The Planning function has been split into two budget units: Current Planning; and Advance
Planning.
Included in the Advance Planning request are two studies involving traffic flow within the
City's major commercial areas. A study of the 99W corridor will be financed by the Oregon
Department of Transportation and will focus on the eventual widening of Highway 99W. A study
will also be commissioned for traffic improvements in the Washington Square-Lincoln Center
area. The study will be financed by the City, the State, and property owners and developers
in the area.
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Policy and Administration
This program includes City Council, City Administration, Personnel, Administrative Support,
and Finance. In previous years, Administrative Support and Finance were included in the
Community Services program.
General Government
City-wide support and the City Attorney contract are included in this program. An effort has
been made to transfer certain types of expenditures out of this program to the department
with the corresponding responsibility.
Debt Services
The Debt Service!; program includes principal and interest requirements on General Obligation
Bonds, Certificates of Participation, Bancroft Bonds, and Bond Anticipation Notes related to
capital improvements. Of the total Debt Service approved in this Budget, only 38 per cent
is supported by tax revenue for General Obligation Bonds. The balance is related to Local
Improvement District activity and is supported by the issuance of Bancroft Bonds or by
assessments on benefitted properties.
Capital Protects
Included in this program are capital improvements for Sanitary and Storm Sewer Systems,
Streets, Parks and certain Field Operations and City Hall building improvements. Also
included are local improvements for the Dartmouth Road construction from I-5 to 99W and park
system improvements funded by the Parks serial levy.
Contingency/Reserves
Contingency and Reserves are set aside in most funds to provide for unforeseen events and to
provide a reserve for funding in future years in accordance with the City's financial plan.
Also included is a reserve for future equipment purchases.
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Resolution "A"
C CITY OF TIGARD, OREGON
RESOLUTION NO. 91-
A RESOLUTION APPROVING THE BUDGET, MAKING APPROPRIATIONS AND DECLARING THE AD
VALOREM TAX LEVY FOR FISCAL YEAR 1991-92.
WHEREAS, the Budget for the City of Tigard for the year beginning July 1, 1991,
was duly approved and recommended to the City Council by the regularly
constituted Budget Committee at its meeting on the 28th day of May, 1991, after
proceedings in accordance with Chapter 294, Oregon Revised Statutes; and
WHEREAS a summary of the Budget document as required by Chapter 294.416, Oregon
Revised Statutes, was duly published in the Tigard Times, a newspaper of general
circulation in the City in accordance with Chapter 294.421, Oregon Revised
Statutes; and
WHEREAS, a hearing by the City Council on the Budget document, as approved and
recommended by the Budget Committee, was duly called and held on June 25, 1991,
whereat all interested persons were afforded an opportunity to appear and be
heard with respect to the Budget.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The Council adopts the budget for 1991-92 in the total sum of
$24,156,125 and now on file at City Hall.
Section 2: The Council adopts and hereby incorporates by reference in this
resolution the following:
0 1988-91 Agreement between the City of Tigard and Tigard Police
Officer's Association dated August 1, 1989. (92-95
Agreement in negotiation).
0 1989-92 Agreement between the City of Tigard and Tigard Municipal
Employee's Association (OPEU) dated August 1, 1989.
0 1991-92 Salary/job classification pay plan for non-union employees
as set forth in the 1991-92 Budget, including a 4.5 per
cent cost of living adjustment effective July 1, 1991 (4.5
per cent last year).
Section 3: The amount for the fiscal year beginning July 1, 1991, and for the
purposes shown below are hereby appropriated as follows:
RESOLUTION NO. 91-
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Fund/Program Approved
Budget
General Fund
Community Services 4,534,838
Field Operations 78,043
Development Services 1,552,209
Policy & Administration 1,114,800
City Wide Support 257,045
Capital Improvements 62,638
Contingency/Reserves 550,000
Total Appropriations 8,149,573
Sanitary Sewer
Field Operations 393,934
Development Services 43,747
Policy & Administration 253,026
City Wide Support 61,382
Capital Improvements 1,140,660
Contingency/Reserves 400,000
Total Appropriations 2,292,749
Storm Sewer
Field Operations 281,127
Development Services 52,269
Policy & Administration 124,679
City Wide Support 23,033
Capital Improvements 748,643
Contingency/Reserves 270,000
Total Appropriations 1,499,751
Criminal Forfeiture
Community Services 6,083
Total Appropriations 6,083
State Gas Tax
Field Operations 505,071
Development Services 312,178
Policy & Administration 64,866
City Wide Support 34,549
Capital Improvements 627;540
Contingency/Reserves 200,000
Total Appropriations 1,744,204
County Gas Tax
Field Operations 140,773
Policy & Administration 20,494
City Wide Support 7,869
Contingency/Reserves 864
( Total Appropriations 170,000
Resolution No. 91 - _
Page 2
Fund/Program Approved
r Budget
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Traffic Impact Fee
Development Services 49,634
Capital Improvements 850,000
Contingency/Reserves 47,366
Total Appropriations 947,000
Streets SDC
Capital Improvements 21,870
Total Appropriations 21,870
Parks SDC
Capital Improvements 237,000
Total Appropriations 237,000
Water Quality
Capital Improvements 51,200
Total Appropriations 51,200
G/O Bond Debt Service
Debt Service 1,338,032
Total Appropriations 1,338,032
Bancroft Bond Debt Service
Debt Service 1,034,063
Total Appropriations 1,034,063
Certificate Of Participation
Debt Service 326,518
Contingency/Reserves 19,732
Total Appropriations 346,250
LID CIP
Capital Improvements 2,545,000
Total Appropriations 2,545,000
Road Bond CIP
Capital Improvements 3,103,200
Total Appropriations 3,103,200
Park Levy Improvement
Capital Improvements 670,150
Total Appropriations 670,150
Total Appropriations All Programs 24,156,125
Resolution No. 91 - _
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Section 4:
The City Council of the City of Tigard hereby levies the taxes provided for in the f
aggregate amount of $5,170,159, and that these taxes are hereby levied upon a
district as of 1:00 a.m. January 1, 1991. The following allocations constitute the
General Fund Tax Base 3,580,449
General Obligation Bond Debt 238,450
Road Improvement Bond Debt 1,001,260
Park Serial Levy 350,000
5,170,159
PASSED: This day of , 1991.
Mayor -City of Tigard
ATTEST:
City Recorder - City of Tigard
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Resolution No. 91 - _
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COUNCIL AGENDA ITEM 7
/ MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council
FROM: Patrick J. Reilly, City Administrato
DATE: June 17, 1991
SUBJECT: Sherwood Inn Sign
I met today with a representative of Sherwood Inn and discussed the
sign issue. The applicant has requested an extension of the public
hearing to August 27. This time will allow the applicant to put
together a proposal for Councils review.
PJR:cw
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COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 25, 1991 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Final hearin on PREVIOUS ACTION: Hearing date set
Lincoln St. & Locust St. LID by Council
PREPARED BY: City Engineer
DEPT HEAD OK Z4lZr CITY ADMIN OK REQUESTED BY: !
POLICY ISSUE
Final hearing and adoption of final assessment roll for Lincoln Street and Locust
Street Local Improvement District
INFORMATION SUMMARY
On June 11, 1991, the Council received the final engineer's report and set the
date of June 25 for a hearing on the final assessment roll. By ordinance, any
objections must be in writing.
Property owners were notified of the hearing and proposed assessments. Any
objections received will be delivered to the Council prior to the hearing.
The attached ordinance would adopt the final assessment roll and authorize the
Finance Director to collect the assessments.
ALTERNATIVES CONSIDERED
1. Adopt the attached assessment roll.
2. Direct that the assessment roll be modified.
FISCAL IMPACT
All costs are paid by the LID property owners.
SUGGESTED ACTION
Adoption of the attached ordinance.
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COUNCIL AGENDA ITEM f
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June 25. 1991 DATE SUBMITTED: June 11. 1991
ISSUE/AGENDA TITLE: Ordinance Spec) PREVIOUS ACTION: Ordinance 91-04
f in Format Chan es to Codify was approved by Council on 3/26/91
Ordinance No. 91-04 PREPARED BY: Cathy Wheatley
DEPT HEAD OK CITY ADMIN OR REQUESTED BY:
P ISSUE _
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INFORMATION SUMMARY
The attached proposed ordinance represents format changes to correctly codify
the provisions of Ordinance No. 91-04. No changes to the technical
information is being proposed and the effective date shall remain as
April 26, 1991.
PROPOSED ALTERNATIVES
1. Approve the attached ordinance as presented.
FISCAL IMPACT
N/A
STAFF RECOMMENDATION
1. Approve the attached ordinance as presented.
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