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City Council Packet - 03/08/1982 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on REGULAR MEETING AGENDA an agenda item needs to sign their name on MARCH 8, 1982, 7:30 P.M. the appropriate sign-up sheet(s) . If no FOWLER JUNIOR HIGH SCHOOL sheet is provided, ask to be recognized by �- i LECTURE ROOM the Chair. m 1. REGULAR MEETING: N 1.1 Call to Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call to Audience, Staff and Council For Non-Agenda Items Under Open Agenda 2. 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 for discussion and separate action. Motion to: 2.1 Approve the Minutes: February 22 , 1982 & March 1, 1982. 2.2 Approve the Expenditures and Investments: $ 175,887.27 2.3 Receive and File Written Communications • Report to City Council Regarding Tri-Met Transit Station • Transmittal frons Jo- Bailey Regarding City of Tigard vs. J. A. Paterson, et al 2.4 Call Study Session/Spe .ial Meeting For 3/29/82 2.5 Approve OLCC Applications , Authorize Mayor to Sign and Forward To OLCC, • Willowbrook Restaurant, 11525 SW Durham Road, Tigard, Or, Restaurant Application • Webfoot Deli & Wine Co. , 13815 SW Pacific Hwy, Tigard, Or, Retail Malt Beverage & Package Store Application • The Pizza Merchant, 13066 SW Pacific Hwy. Tigard, Or , Retail Malt Beverage App. • NEW OUTLET 7-Eleven Food Store , NW corner of Hall & Pacific Hwy, Tigard, Or, Package Sales Application 2.6 Letter From Washington County Commissioners Regarding: Ballot Measure #13 Resolution No. 82- 19 A RESOLUTION DECLARING SUPPORT OF BALLOT MEASURE #13 3. SENIOR CENTER RECOGNITION - Keys to the City • Presentation by Council 4 . GENERAL TELEPHONE FRANCHISE ORDINANCE No. 82- 4 Recommendation of Director of Public Works 5. TIGARD COMMUNITY YOUTH SERVICES FUNDING REQUEST - $ 76,311 • Presentation by TCYS • Resolution No. 82- Calling For Election 5-18-82 6. LOAVES & FISHES FUNDING REQUEST - $12,500 • Presentation by Loaves & Fishes o Resolution No. 82- Calling For Election 5-18-82 8:00 P.M. PUBLIC NOTICE MEETING 7. CONSIDERATION OF FINAL ASSESSMENTS 7.1 Hillview LID 7.2 Knoll Drive LID 8:00 P.M. PUBLIC HEARING 8. ZONING ORDINANCE AMENDMENT - ZOA 1-82 - City of Tigard A request by the City of Tigard for an amendment to Section 18.72 of the Tigard Municipal Code to allow for general and dimensional criteria for reviewing and approving conditional use requests. • Public Hearing Continued From 2-22-82 Meeting • Motion To Discontinue Consideration At This Time PUBLIC HEARING CONCLUDED 9. SITE DESIGN REVIEW SDR 26-81 - St. Anthony's Kelly Center - NPO #2 An appeal by St. Anthony's of the Planning Director's decision of approval with conditions for construction of St. Anthony's Kelly Center located at 9905 SW McKenzie (Wash. Co. Tax Map 2S1 2BD, Tax Lot 200) . The Planning Commission has forwarded this action to the City Council, at Council's request, for further consideration and action. The matter is referred to Council under Section 18.84.250 (b) (3) . No new evidence or arguments will be allowed; however, parties are invited to submit written evidence or arguments pursuant to Section 18.84.290; however, during Council consideration, Council may pose questions to staff and parties on policy issues. 10. 72ND AVENUE LID - REPORT 10.1 Apparent Low Bid 10.2 Financing and Timing 11. CHARTER REVIEW 11.1 Discussion & Resolution No. 82- 11.2 Election Filing Dates Information 12. OPEN AGENDA: Consideration of Non-Agenda items identified to the Chair under item 1.3 will be discussed at this time. All persons are encouraged to contact the City Administrator prior to the meeting. 13. EXECUTIVE SESSION: Per ORS 192.660 (2) (a) City Council will consider issues relating to labor negotiations and Per ORS 192.660 (2) (d) Council will consider issues relating to possible litigation. 14 . ADJOURNMENT PAGE 2 - COUNCIL AGENDA - MARCH 8, 1982 i T I G A R D C I T Y C 0 U N C I L REGULAR MEETING MINUTES - MARCH 8 , 1982 - 7:30 P.M. 1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilors Tom Brian, John Cook, Kenneth Scheckla, Nancie Stimler; Chief of Police, Robert Adams; Director of Public Works/Planning Director, Frank Currie; Finance Director/City Recorder, Doris Hartig; City Administrator, Bob Jean; Legal Counsel, Ed Sullivan; Office Manager, Loreen Wilson. 2. CALL TO AUDIENCE, STAFF AND COUNCIL FOR NON-AGENDA ITEMS UNDER OPEN AGENDA. (a) City Administrator requested the following items be considered under open agenda. .1 Communication from Planning Commission Chairman .2 Civic Center Meeting date .3 County correspondence re: annexations .4 LOC newsletter 3. APPROVE THE MINUTES: February 22 and March 1, 1982. (a) Councilor Cook requested that page 4 of the February 22, 1982, minutes be corrected in Section 16 ( f) to show that the vote was approved by a 2-1 majority vote of Council with Councilor Cook voting nay. (b) Motion by Councilor Brian, seconded by Councilor Stimler to approve as amended. Approved by unanimous vote of Council. 4. APPROVE THE EXPENDITURES AND INVESTMENTS: $ 175,887.27 (a) Motion by Councilor Brian, seconded by Councilor Stimler to approve. Approved by unanimous vote of Council. 5. RECEIVE AND FILE WRITTEN COMMUNICATIONS o Report to City Council regarding Tri-Met Transit Station o Transmittal from Joe Bailey regarding City of Tigard vs. J.A. Paterson, et al (a) Motion by Councilor Brian, seconded by Councilor Stimler to receive and file. Approved by unanimous vote of Council. 6. CALL STUDY SESSION/SPECIAL MEETING FOR MARCH 29, 1982. (a) Motion by Councilor Brian, seconded by Councilor Stimler to call meeting. Approved by unanimous vote of Council. 7. APPROVE OLCC APPLICATIONS & AUTHORIZE MAYOR TO SIGN AND FORWARD TO OLCC: o Willowbrook Restaurant, 11525 S.W. Durham Road, Tigard, Ore. , Restaurant Application o Webfoot Deli & Wine Company, 13815 S.W. Pacific Hwy. , Tigard, Ore. , Retail Malt Beverage and Package Store Application o The Pizza Merchant, 13066 S.W. Pacific Highway, Tigard, Ore. , Retail Malt Beverage Application o NEW OUTLET 7-Eleven Food Store, NW corner of Hall & Pacific Hwy. , Tigard, Oregon, Package Sales Application (a) Motion by Councilor Brian, seconded by Councilor Stimler to approve and authorize Mayor's signature. Approved by unanimous vote of Council. 8. RESOLUTION No. 82-19 A RESOLUTION OF THE TIGARD CITY COUNCIL SUPPORTING BALLOT MEASURE #3 - CORRECTIONS FUNDING. (a) Councilor Stimler requested that the typographical error in the title of the resolution be amended by changing Ballot Measure # 13 to ;i3. (b) Motion by Councilor Brian, seconded by Councilor Stimler to approve as amended. Approved by unanimous vote of Council. 9. SENIOR CENTER RECOGNITION - Keys to the City (a) Mayor Bishop and the Council expressed their appreciation to the followin, volunteers for their involvement with the Tigard Senior Center and the lcn6 hours of work involved with fund raising to support the Center. Al Boenninghausen Jessalee Mallalieu *Tom Brian *Dick Mastbrook Richard M. Brown "red Menzel Lloyd Carroll *Clayton Nyberg *C. Vern Christensen *Mary Robben Robert Deuth *Cliff Speaker *Art Hill *Nancie Stimler Gar Hubble *Carol Weaver Jim Kincaid Ida Wilks *Irving Larson *Lynn Wortendyke Carol Young Graham Young (awarded posthumously *indicates those receiving their keys to the City at the meeting. 10. ORDINANCE No. 82-12 AN ORDINANCE RENEWING THE FRANCHISE OF GENERAL TELEPHONE COMPANY OF THE NORTHWEST, A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS THE RIGHT TO PLACE, ERECT AND MAIN- TAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR C010UNICATION PURPOSES IN, UPON, UNDER AND OVER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY OF TIGARD, OREGON, AND TO CONDUCT A GENERAL COMMUNICATION BUSINESS WITHIN THE CITY OF TIGARD; AUTHORIZ- ING THE MAYOR TO ENTER INTO SUCH AGREEMENT; AND DECLARING AN EMERGENCY. (a) Director of Public Works reported that staff has approved the franchise agreement and recommended approval. PAGE 2 - REGULAR COUNCIL MEETING MINUTES, March 8, 1982 (b) Motion by Councilor Brian, seconded by Councilor Scheckla to approve. Approved by unanimous vote of Council. 11. TIGARD COMMUNITY YOUTH SERVICES FUNDING REQUEST - $76,311 (a) Bill Knudsen, Director of TCYS, presented a fact sheet and budget request for TCYS and expressed a desire to have adequate feed back for the Council to develop accountability for the program. He formally submitted a request for funding in the amount of $76,311 for the fiscal year 1982-83. (b) Mayor Bishop requested the City Administrator report the status of TCYS to Council before they come back for next year's annual report. (c) RESOLUTION NO. 82-20 A RESOLUTION OF THE TIGARD CITY COUNCIL CALLING FOR A SPECIAL ELECTION TO SUBMIT TO THE REGISTERED, QUALIFIED VOTERS OF THE CITY A TAX LEVY FOR TIGARD COMMUNITY YOUTH SERVICES, INC. (d) Motion by Councilor Brian, seconded by Councilor Stimler to approve. Approved by unanimous vote of Council. 12. LOAVES AND FISHES FUNDING REQUEST - $12,500. (a) Mr. C. Vern Christensen represented Loaves and Fishes and stated the request for $12,500 was only $2,500 over last year's request. He stated that costs were increasing due to the new center. (b) City Administrator stated that both TCYS and Loaves and Fishes will be look- ing for other sources of funding in the next few years since federal cut- backs of funding will affect their revenue sources. (c) RESOLUTION No. 82-21 A RESOLUTION OF THE TIGARD CITY COUNCIL CALLING FOR A SPECIAL ELECTION TO SUBMIT TO THE REGISTERED QUALIFIED VOTERS OF THE CITY A TAX LEVY TO FINANCE THE TIGARD LOAVES AND FISHES SENIOR CENTER. (d) Motion by Councilor Stimler, seconded by Councilor Cook to approve. Approved by unanimous vote of Council_ 13. HILLVIEW LID - Consideration of Final Assessments. (a) Director of Public Works advised Council of the method of distribution of the assessment in the Hillview LID which comprised four lots. (b) Mr. Tom Jurks, 10330 S.W. Hillview Street, questioned how the property owners would be paying the assessments. (c) Director of Public Works noted that this would be a ten year period of semi- annual payments. After further discussion regarding the amount of time available for payments, staff advised Council that bonds were not selling at the present time for over ten years. PAGE 3 - REGULAR COUNCIL MEETING MINUTES, March 8 , 1982 (d) Mr. Jurks and Mrs. Lewis, property owner of tax lot 2900, questioned the way to defer payments. She noted that her husband had passed away and that she is not 65. Staff noted that they would check into this issue and report back. (e) Motion by Councilor Stimler, seconded by Councilor Cook to approve the spread of the assessment as presented by staff for a 10 year period. Approved by unanimous vote of Council. ( f) Councilor Brian requested that Council discuss the issue of 10 vs. 20 year payments on LIDS. 14. KNOLL DRIVE LID - Consideration of Final Assessments (a) Director of Public Works reported that Knoll Drive LID consists of eight lots and total assessments of $26,385.07. The engineer's estimate had been higher, but due to favorable bidding the job was less than originally projected. (b) Anne Craig, 12360 S.W. Knoll Drive, questioned the 10 vs. 20 year financing period. She showed Council a letter received at the first of the LID pro- cess which stated that they would receive bancroft funding over a 20 year period. (c) City Administrator reported that at this time it is difficult to sell bonds for 20 years at this low dollar amount. He suggested that the City Attorney might want to review the record. (d) After further discussion regarding bond and warrant funding, Councilor Stimler, moved to table the issue two weeks until the March 22, 1982, meeting; motion seconded by Councilor Cook. Approved by unanimous vote of Council. 8:00 P.M. PUBLIC HEARING 15 . ZONING ORDINANCE AMENDMENTS - ZOA 1-82 - City of Tigard A request by the City of Tigard for an amendment to Section 18.72 of the Tigard Municipal Code to allow for general and dimensional criteria for reviewing and approving conditional use requests. (a) Public Hearing continued from February 22, 1982, meeting. (b) Staff reported that the Planning Commission has not finished deliberation on this issue and requested Council not consider this any further at this time. (c) Motion by Councilor Stimler, seconded by Councilor Brian to discontinue public hearing at this time. Approved by unanimous vote of Council. PAGE. 4 - REGULAR COUNCIL MEETING MINUTES, March 8, 1982 16. SITE DESIGN REVIEW SDR 26-81 - St. Anthony's Kelly Center - NPO #2 An appeal by St. Anthony's of the Planning Director's decision of approval with conditions for construction of St. Anthony's Kelly Center located at 9905 S.W. McKenzie (Wash. Co. Tax Map 2S1 2BD, Tax Lot 200) . The Planning Commission has forwarded this action to the City Council, at Council's request, for further consideration and action. The matter is referred to Council under section 18.84.250 (b)\'3). No new evidence or arguments will be allowed; however, parties are invited to submit written evidence or arguments pursuant to Section 18.84.290; however, during Council consideration, Council may pose questions to staff and parties on policy issues. (a) Legal Counsel advised Council that this hearing was being held under the new administrative procedures. He noted that Council could question staff or the applicant during the proceedings, however, these must deal with policy issues only. (b) Mayor Bishop noted a change in condition #2 per the Planning Commission minutes to include the non-remonstrance agreement. (c) Councilor Scheckla expressed concern that the Planning Commission action on 99W ingress/egress seemed to be inconsistent and sited examples of actions from the Planning Commission meeting of March 2, 1982. (d) Director of Public Works noted that 99W ingress/egress could be very hazardous during the times school is in session at St. Anthony's. (e) Discussion followed regarding making a right-turn only egress from the property onto 99W or closing it off altogether. (f) City Administrator noted that there seemed to be two policy issues involved here: (1) 1/2 street improvements - policy is to require improvement or a com- mittment to an LID, or tied to phase two of the construction. (2) policy to encourage use of signalized or controlled intersections and discourage the use of 99W between signals or at uncontrolled intersec- tions or sites. (g) Councilor Stimler expressed concern with 99W access being at a school play yard. (h) Mr. Henninger, representative for St. Anthony's noted that they would pre- fer not to close the access to 99W but would understand if Council felt that this would be required to meet city policy. (i) Councilor Cook questioned if the fire district needed the access for safety reasons. Director of Public works noted that the fire district did not object to the closure of the access to 99W. (j) Councilor Cook expressed concern that the LID or one-half street improve- ments be tied to phase II of the plan and a time frame of no longer than four or five years. (k) After further discussion regarding LID's, time frame for conditions to be met, ingress/egress issues, and internal traffic patterns on the site; PAGE 5 - REGULAR COUNCIL MEETING MINUTES, March 8, 1982 Legal Counsel suggested the following findings based on Council 's dis— cussion. A new condition No. 10 be added to read as follows: 10. Internal Circulation: The applicants shall work with the City of Tigard to establish an internal circulation plan to be submitted as a design review application and acted upon by the Director no later than December 1, 1982. If the access from the site to Hwy. 99W be closed under condition 1(d) , above, additional access onto either S.W. Johnson or S.W. McKenzie shall be provided as part of the site design review application submitted to the director and shall specifically address issues of access— ibility, safety, and aesthetics. c' Corrd.7�r on s c`' cgs- for Access and Improvements be as follows: a 1- Access-- a That access to Hwy. 99W from the site be limited to right turns only, both to and from that highway. (b) That the Oregon Department of Transportation be requested to install an island on Hwy. 99W to the same level of improvement as that at the former Sambo's Restaurant on that highway. (c) That the access requirements to the site be reviewed at the earliest of the following periods: 1. The development of Phase II of St. Anthony's; 2. The improvement of S.W. Johnson Street; or 3. The end of five years from the grant of this permit. (d) That unless an authorized representative of the Oregon Department of Transportation commits to median island described in b. above no later than September 1, 1982, the access to Hwy. 99W from the St. Anthony's Church, school and Kelly Center shall be closed. Thereafter, all access to such uses shall be from streets and roads other than Hwy. 99W. 2. Improvements (a) That the applicants shall petition the City of Tigard to form a local improvement district for the improvement of S.W. McKenzie Street from Hwy. 99W to S.W. Grant. (b) That the applicant sign a nonremonstrance agreement to a local improvement district on S.W. Grant, from S.W. McKenzie to S.W. Johnson. (c) That the applicant sign a nonremonstrance for the formation of a local improvement district on S.W. Johnson Street from Hwy 99W to S.W. Grant and that such improvement be initiated by the applicant either as a part of Phase II of the St. Anthony Kelly Center project or five years after the date of the approval of of this permit, whichever is PAGE 6 - REGULAR COUNCIL MEETING MINUTES, March 8, 1982 (1) Legal Counsel suggested that Council set this issue over to March 22, 1982, to allow him time to draft the final order with the above noted conditions if they meet with Council's approval. (m) Motion by Councilor Stimler, seconded by Councilor Cook to set issue over until March 22, 1982, for final order adoption. Approved by unanimous vote of Council. RECESS: 10:08 P.M. RECONVENE: 10:22 P.M. 17. 72ND AVENUE LID REPORT (a) City Administrator reported that this would just be an up-date for Council. (b) Director of Public Works distributed a copy of the bids received for the improvements and reported that staff and the engineer are inves- tigating the bid results and report back at a later date. (c) City Administrator reported that the City's process in the LID hear- ings has been correct, however, bond counsel has requested that a new resolution be adopted to schedule a public hearing for March 29, 1982, which will establish an estimated cost of the improvements. (d) RESOLUTION No. 82-22 DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A STREET IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS SOUTHWEST 72ND AVENUE AREA LID No. 21 ; DESCRIB- ING THE PROBABLE TOTAL ASSESSABLE COST THEREOF; DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR THE WORK AND ESTIMATES OF THE CITY'S ENGINEER, AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. (e) Motion by Councilor Cook, seconded by Councilor Brian to approve. Approved by unanimous vote of Council. 18. CHARTER REVIEW (a) Legal Counsel discussed the charter view resolution with Council and noted there were two possible alternatives for language changes request- ed by various Council members. These were for measure No. 54 & 59 (see attached language for measures and alternatives which were pre- sented) PAGE 7 - REGULAR COUNCIL MEETING MINUTES, March 8, 1982 (b) After lengthy discussion, consensus of Council was that the original proposals be placed on the ballot in May except for the inclusion of alternate measure #59. (c) RESOLUTION No. 82-23 A RESOLUTION APPROVING AND REFERRING CERTAIN AMENDMENTS TO THE CHARTER OF TIGARD TO THE QUALIFIED VOTERS OF THE CITY OF TIGARD FOR THEIR APPROVAL OR REJECTION AT A SPECIAL ELECTION TO BE HELD AT THE SAME TIME AND PLACES AS THE MAY 18, 1982, STATEWIDE PRIMARY ELECTION; CALLING THAT ELECTION; AND DIRECTING THE CITY RECOkDF.R TO DO ALL ACTS NECESSARY AND CONVENIENT TO CARRY OUT SUCH ELECTION. (d) Motion by Councilor Cook to approve Resolution No. 82-23 and include alternate Measure 459, add "Exhibit A" to the top of that exhibit, and on Exhibit "D" add "& C" to be set out in the text. Motion seconded by Councilor Stimler. Approved by unanimous vote of Council present. 19. OPEN AGENDA: Consideration of Non-Agenda items identified to the Chair under item 1.3 will be discussed at this time. All persons are encouraged to con- tact the City Administrator prior to the meeting. 18.1 Communication from Planning Commission Chairman (a) City Administrator drew Council's attention to a letter from Chairman Tepedino regarding the Skourtes' variance and noted that it requested clarification on a policy issue. 18.2 Civic Center meeting date (a) City Administrator noted that the civic center committee will meet at Fowler Junior High School on March 9, 1982 at 7:30 P.M. and are scheduled to select an option for the improvement proposal. 18.3 County Correspondence re: Annexations (a) City Administrator stated that the County has sent a letter to the Boundary Review Commission asking for the Bechtold Annexation to be delayed. City Administrator suggested that since this issue .has been considered for over one year and is within the City's active compre- hensive plan area, that the City should not request removal of this item from the Boundary Review Commission's agenda. (b) Motion by Councilor Stimler, seconded by Councilor Cook to send a letter to the Boundary Review Commission noting that the City would not recommend tabling the issue at this time. Approved by 4-1 majority vote of Council, Councilor Scheckla voting nay. PAGE 8 - REGULAR COUNCIL MEETING MINUTES; March 8, 1982 i 18.4 League of Oregon Cities Newsletter (a) City Administrator drew Council 's attention to some articles in the newsletter. 18.5 Councilor Cook asked if the 911 monies had been applied for at the state level. Chief Adams stated that the funds were applied for by staff on February 17, 1982. 18.6 Councilor Cook expressed concerns regarding a recent hearing before Planning Commission regarding Settlemire conditional use and re- quested item be reviewed by Council. (a) RESOLUTION No. 82-24 A RESOLUTION OF THE TIGARD CITY COUNCIL CALL- ING FOR REVIEW ON ITS OWN MOTION OF CONDITIONAL USE CU 4-82, TIM SETTLEMIRE. (b) Motion by Councilor Cook, seconded by Councilor Brian to approve Resolution No. 82-24 and request issue be heard for public safety issues at the March 22, 1982, meeting. Approved by unanimous vote of Council. 20. ADJOURNMENT OF REGULAR MEETING - 11:25 P.M. Executive Session 11.:26 P.M. Council went into executive session under provisions of ORS 192.660(2)(a) to discuss issues relating to labor negotiations and ORS 192.660(2)(d) regarding possible litigation. Meeting adjourned 11:50 P.M. City Recorder - City of!i ' and V ATTEST: President of council - Gity if Tigard PAGE 9 - REGULAR COUNCIL MEETING MINUTES, March 8, 1982 Date March 8, 1982 r I wish to testify before the Tigard City Council on the following item: (Please print your name) Item Description: 7.1 HILLVIEW LID i'roponent (for) Opponent (against) Jame, Address and Affiliation Name, Address and Affiliation �y Yo Sw !ti C ,x- Da to March 8, 1982 I wish to testify before the Tigard City Council on the following item: (P1.-Zse print your name) Item Description: 7.2 KAJLL DRIVE LID Proponent (for) Opponent (against) Same, Address and Affiliation Dame, Address and Affiliation i t i Date March 8, 1982 I wish to testify before the Tigard City Council on the following item: (Please print your name) 1 .3 Call to Audience Staff and "unr;7 for Non- genda 7"tc-cmc 11n.,pr Qppn_Agnnda_ :7arie, Address & Affiliation Item Description C } t PROPOSED AMENDMENTS TO THE CHARTER OF TIGARD, OREGON REFERRED TO THE QUALIFIED VOTERS OF TIGARD BY THE TIGARD CITY COUNCIL TO BE VOTED UPON AT THE MAY 18, 1982 PRIMARY ELECTION NOTE - Material in brackets [ ] would be deleted from the Tigard City Charter if the measure were approved and material underlined would be added if such measure were approved. Measure No. 52. Paragraph 1 of Section 7 of the Tigard City Charter is amended to read: Section 7. MAYOR AND COUNCIL. The elective officers of the City shall be a mayor and [four] six [councilmen] councilors who together shall constitute the City Council . The mayor shall be elected and hold office for a period of two years_ There shall be elected in conjunction with the statewide general election in November, 1972, a candidate to the office of mayor whose terms shall begin on January 1, 1973. .r. • A Section 8 of the Tigard City Charter is amended to read : Section 8. [COUNCILMEN) . COUNCILORS. The [four] six council positions are hereby designated as Positions Nos . 1, 2, 3, [and] 4 , 5 and 6 . The [councilmen] councilors shall be elected-and hold office for a period of four years; provided, however, that the officers holding office at the time of adoption of this amendment shall hold their offices for the balance of the terms for which they were elected or appointed and until their successors are elected and qualified. At each biennial general state election after this amend- ment takes effect beginning in [1972] 1982, [two] three [councilmen] councilors shall be elected, each for a term of four (4) years. Candidates to fill Positions 1 [and] , 2 and 5 shall be submitter' to the voters at the general election= in [1972] 1984 , and candidates for council Positions 3 [and] , 4 and 6 shall be subject to election in [1974] 1982 . The candidate receiving the highest number of votes for each of the numbered council positions shall be deemed elected for a four-year term. Notwithstanding the foregoing, council position 5 shall be elected for a two-year term in 1982 only. Measure No. 53. Paragraph 3 of Section 7 of the§ Tigard City Charter is amended to read: In the event the office of mayor or [councilman] councilor becomes vacant[180 days or more, before the normal expiration of its term a special election shall be held to fill the office for the unexpired term. Such an election shall be held [within 45 days of the occurrence of the vacancy. All nominating papers comprising a petition shall be assembled and filed with the recorder as one instrument not later than 20 days before the special election.] in accordance with the election laws of the State of Oregon and City ordinances not inconsistent with such election laws. [If, however, a statewide primary or general election falls within the 180-day period following the occurrence of the vacancy, then no special election shall be held. ] Measure No. 54 . Section 18 of the Tigard City Charter is amended to read : Section 18. PRESIDENT OF THE COUNCIL. At [its first meeting after this charter takes effect and thereafter at] its first meeting of each odd-numbered year, the council 2 ` T by ballot shall choose a president from its membership. In the mayor' s absence from a council meeting the president shall 2erform the duties of the office of mayor and preside over it. Whenever the mayor is physically or mentally unable to perform the functions of [his] office, the president shall act as the mayor pro tem. Measure No. 55. Section 21 of the Tigard City Charter is amended to read : Section 21. MUNICIPAL JUDGE. The municipal judge shall be the judicial officer of the City. [He] The judge shall hold within the City a court known as the Municipal Court for the City of Tigard, Washington County, Oregon. The court shall be open for the transaction of judicial business at times specified by the [council] municipal judge. All areas within the City shall be within the territorial jurisdiction of the court. The municipal judge shall exercise original and exclusive jurisdiction of all crimes and offenses defined and made punishable by ordinances of the City and of all actions brought to recover or enforce forfeitures or penalties defined or authorized by ordinances of the City or as otherwise provided by state law. [He] The judge shall have authority to issue process for the arrest of any person accused of an offense against the ordinances of the City, to commit any such person to jail or admit him to bail pending trial , to issue subpoenas , to compel witnesses to appear and testify in court on the trial of any cause before him, to compel obedience to such subpoenas, to issue and process documents necessary to carry into effect the judgments of the court, and to punish witnesses and others for contempt of the court. When not governed by ordinances or this charter, all pro- ceedings in the municipal court for the violation of a city ordinance shall be governed by the applicable general laws of the state governing justices of the peace and justice courts . Defendants in the municipal court charged with violation of city ordinances shall be entitled to a trial by jury as provided by state statutes . Measure No. 56. Section 31 of the Tigard City Charter is amended to read : Section 31 . NOMINATIONS. A qualified elector within the meaning of the State Constitution, who will have resided continuously for a period of twelve 1%12) months or more i 3 � a immediately preceding the election in any area which is with- in the corporate boundaries of the City as the same shall exist as of a date one hundred twenty (120) calendar days immediately prior to the date of the election (inclusive of all territory previously effectively annexed to the City) ,, may be nominated for an elective City position. [Nomination shall be by petition specifying the position sought in a form prescribed by the council. Such petition shall be signed by not fewer than 25 electors. No elector shall sign more than one petition for each vacant position. if he does so, his signatures shall be invalid. The signatures to a nomination petition need not all be appended to one paper, but to each separate paper of the petition shall be attached an affidavit of the circulator thereof, indicating the number of signers of the paper and stating that each signature appended thereto was made in his presence and is the genuine signature of the per- son whose name it purports to be. with each signature shall be stated the signer's place of residence, identified by its street and number or other sufficient description. All nomination papers comprising a petition shall be assembled and filed with the recorder as one instrument not earlier than 120 nor later than 90 days before the election. The recorder shall make a record of the exact time at which each petition is filed and shall take and preserve the name and address of the person by whom it is filed. If the peti- tion is not signed by the required number of qualified elec- tors, the recorder shall notify the candidate and the person who filed' the petition within five days after the filing. If the petition is insufficient in any other particular, the recorder shall return it immediately to the person who filed it, certifying in writing wherein the petition is insuffi- cient. Such deficient petition may be amended and filed again as a new petition, or a substitute petition for the same candidate may be filed, within the regular time for filing nomination petitions. The recorder shall notify an eligible person of his nomination, and such person shall file with the recorder his written acceptance of nomination, in such form as the council may require, within five days of notification of nomination_ Upon receipt of such acceptance of nomination, the recorder shall cause the nominee's name to be printed on the ballots. The petition of nomination for a successful candidate at an election shall be preserved in the office of the recorder until the term of office for which the candidate is elected expires. ) The procedures for nomination and election for elective City positions shall be governed by the election laws of the State of Oregon, or by City ordinances if such ordinances 4 4. are not inconsistent with state law. Measure No. 57. Section 33 of the Tigard City Charter is hereby repealed. Measure No. 58. Section 42 of the Tigard City Charter is hereby repealed. i 5 shall choose a president from its membership. In the mayor' s absence from a Council meeting, the president shall perform the duties of the office of mayor and preside over it. Whenever the mayor is physically absent from the city or otherwise unable to perform the functions of [his] office, the president shall act as the mayor pro tem. Measure No. 55 Section 21 of the Tigard City Charter is amended to read: Section 21 . MUNICIPAL JUDGE. The municipal judge shall be the judicial officer of the City. [He] The judge shall hold within the City a court known as the Municipal Court for the City of Tigard, Washington County, Oregon. The court shall be open for the transaction of judicial business at times specified by the [council] municipal judge. All areas within the City shall be within the territorial jurisdiction of the court. The municipal judge shall exercise original and exclusive jurisdiction of all crimes and offenses defined and made punishable by ordinances of the City and of all actions brought to recover or enforce forfeitures or penalties defined or authorized by ordinances of the City or as otherwise provided by state law. [He] The judge shall have authority to issue process for the arrest of any person accused of an offense against the ordinances of the City, to commit any such person to jail or admit him to _bail pending trial, to issue subpoenas, to compel witnesses to appear and testify in court on the trial of any cause before him, to compel obedience to such subpoenas, to issue and process documents necessary to carry into effect the judgments of the court, and to punish witnesses and others for contempt of the court. When not - governed by ordinances or this charter, all proceedings in the municipal court for the violation of a city ordinance shall be governed by the applicable general laws of the state governing justices of the peace and justice courts. Defendants in the municipal court charged with violation of city ordinances shall be entitled to a trial by jury as provided by state statutes. Measure No. 56 Section 31 of the Tigard City Charter is amended to read: Section 31. NOMINATIONS. A qualified elector within the meaning of the State Constitution, who will have resided continuously for a period of twelve (12) months or more ALTERNATE 3 are not inconsistent with state law. Measure No. 57. Section 33 of the Tigard City Charter is hereby repealed. Measure No. 58. Section 42 of the Tigard City Charter is hereby repealed. Measure No. 59. Section 13 or the Tigard City Charter is amended to read: Section 13. MEETINGS. The Council shall hold a regular meeting at least once each month in the City at a time and at a place which it designates. It shall adopt rules for government of its members and proceedings. The mayor upon his own motion may, or at the request of three members of the council shall, by giving notice thereof to all members of the council then in the City, call a special meeting the the council not earlier than three (3) nor later than seventy-two (72) hours after the notice is given. In the event of the physical absence_ of the mayor from the City, the council president shall_ be empowered to call special council meetings in the same manner as the mayor may call such meetings. Special meetings of the council may also be held at anytime by the common consent of all members of the council or by the delivery of a request for a s ep cial meeting, signed by a majority of council members , and delivered to the City Recorder and to remaining council members and the mayor, if they are then in the City. In either case, such special meeting shall not be held earlier than three (3) nor more than seventy-two (72) hours after the notice is given. r L ,ALTERNATE 5 EXHIBIT 111311 i PRECINT NO_ POLLING PLACE 30 Fowler Junior High School - 10865 S.W. Walnut 31 Charles F. Tigard Grade School - 12985 S.W. Grant 32 Charles F. Tigard Grade School - 12985 S.W. Grant 33 Fowler Junior High School - 10865 S.W. Walnut 34 Twality Junior High School - 14650 S.W. 97th 35 Phil Lewis Grade School - 12615 S.W. 72nd 40 Twallty Junior High School 14650 S.W. 97th 41 Summerfield Club House - East Entrance 10650 S.W. Summerfield Drive 46 clary Woodward Elem. - 12325 S.W. Katherine { EXHIBIT "C" BALLOT MEASURES Measure No. 52. COUNCIL MEMBERSHIP INCREASE SHALL SECTIONS 7 AND 8 OF THE CITY CHARTER REGARDING THE COUNCIL BE AMENDED? PURPOSE This measure will raise the number of Council members from four to six: number five will be elected for a two-year term in 1982, and every four years after that; number six will be elected in 1982 for a four-year term, and every four years after that. Mark a cross (x) or check (a ) inside the voting square to indicate your choice. YES ( ) I vote in favor of the proposed Charter amendment. NO ( ) I vote against the proposed Charter amendment. Measure No. 53. COUNCIL VACANCIES SHALL THE CHARTER BE AMENDED TO ALLOW COUNCIL VACANCIES TO BE FILLED BY STATE LAW AND CITY ORDINANCE? PURPOSE Charter Section 7 now states that Council vacancies are filled by special election held within 45 days, and it sets forth rules for nominations. It also states that no vacancy may be filled if it happens within 180 days or less of a scheduled election. This measure would make this process subject to state law or, if there is no state law, to City ordinance. EXHIBIT "C" - 1 6 ' Mark a cross (x) or check (f ) inside the voting square to indicate your choice. YES ( ) I vote in favor of the proposed Charter amendment. NO ( ) I vote against the proposed Charter amendment. Measure No. 54. ROLE OF COUNCIL PRESIDENT SHALL SECTION 18 OF THE CITY CHARTER IN WHICH THE COUNCIL PRESIDENT'S ROLE IS DEFINED BE AMENDED? PURPOSE This measure makes clear the Council President 's role when the mayor is not at Council meetings, and gives the President the mayor's powers at that time. The measure also makes the President the mayor pro tem if the mayor is out of the City or can not do the job of mayor. Mark a cross (x) or check inside the voting square to indicate your choice. YES ( ) I vote in favor of the proposed Charter amendment. NO ( ) I vote against the proposed Charter amendment. Measure No. 55. MUNICIPAL JUDGE'S DUTIES SHALL SECTION 21 OF THE CITY CHARTER BE AMENDED TO REVISE THE CITY JUDGE'S POWERS? EXHIBIT "C" - 2 PURPOSE This measure lets the judge set the times for sessions of the City Court. This measure also changes references to the Judge to gender-neutral terms and makes the Powers of the court subject to state law. Mark a cross (x) or check ( ) inside the voting square to indicate your choice. YES ( ) I vote in favor of the proposed Charter amendment. NO ( ) I vote against the proposed Charter amendment. Measure No. 56. ELECTION PROCESS FOR CITY OFFICE SHALL SECTION 31 OF THE CITY CHARTER IN WHICH REGULAR COUNCIL ELECTION RULES ARE SET FORTH BE AMENDED? PURPOSE This measure would put the regular Council election process under the control of state law and let the City make laws to govern such elections if there are no state laws. Mark a cross (x) or check ( ) inside the voting square to indicate your choice. YES ( ) I vote in favor of the proposed Charter amendment. NO ( ) I vote against the proposed Charter amendment. Measure No. 57 SPECIAL ELECTIONS SHALL SECTION 33 OF THE CITY CHARTER BE REPEALED? EXHIBIT "C" - 3 PURPOSE Charter sections 7 and 33 both set forth rules for filling Council vacancies. This measure repeals the old way, which is not now needed, in that the voters set up a new way six years ago. Mark a cross (x) or check (V/) inside the voting square to indicate your choice. YES ( ) I vote in favor of the proposed Charter amendment. NO ( ) I vote against the proposed Charter amendment. Measure No. 58. TORT CLAIMS SHALL SECTION 42 OF THE CITY CHARTER IN WHICH TORT CLAIMS ARE LIMITED BE REPEALED? PURPOSE Section 42 of the charter is invalid under state law; hence, the Council wants to repeal this section. Mark a cross (x) or check ( ) inside the voting square to indicate your choice. YES ( ) I vote in favor of the proposed Charter amendment. NO ( ) I vote against the proposed Charter amendment. r EXHIBIT "Cn _ 4 t Measure No. 59 . (Alternate) ADDS NEW WAYS TO CALL SPECIAL COUNCIL MEETINGS SHALL SECTION 13 OF THE CITY CHARTER BE AMENDED TO ADD NEW WAYS TO CALL SPECIAL COUNCIL MEETINGS? EXPLANATION This measure would add to the ways a special Council meeting may be called. Such meeting could be called if the mayor is out of the City by: (1) action of the President of the Council; or (2) request of a majority of Council members if they give notice to the other members. Mark a cross (x) or c ( ) inside the voting square to heck indicate your choice. YES ( ) I vote in favor of the proposed Charter amendment. NO ( ) I vote against the proposed Charter amendment. EXHIBIT "C" -- 5 EXHIBIT "D" PUBLIC NOTICE OF MEASURE ELECTION CITY OF TIGARD NOTICE OF SPECIAL ELECTION ON PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF TIGARD TO BE SUBMITTED TO THE LEGAL VOTERS OF THE CITY OF TIGARD AT A SPECIAL ELECTION ON MAY 18 , 1982. Notice is hereby given that pursuant to Resolution No. 82- , adopted by the City Council of Tigard on March 8 , 1982, at a special election of May 18 , 1982, between the hours of 8:00 a.m. and 8:00 p.m. at the polling places in the City of Tigard, there will be submitted to the legal voters of the City for their approval or rejection the following propositions: [insert Exhibit "A"* d,`C- 3 The polling places in the City for the purpose submitting the foregoing proposition will be the same as those designated by the Washington County Director of Records and Elections for the holding of the Primary Election that date. The election will be conducted in all respects in accordance with the election laws of the State of Oregon. The full text of the proposed amendments to the Charter of the City of Tigard and of Resolution No. 82- may be obtained from the City Recorder' s office, City Hall, Tigard, Oregon, and will also be available at each polling place during the hours for holding the special election. WITNESS my hand and the seal of the City of Tigard this 8th day of March, 1982. BY ORDER OF THE CITY COUNCIL DORIS HARTIG, City Recorder PAYMENT OF BILLS FOR COUNCIL APPROVAL PROGRAM BUDGET FEBRUARY 28, 1982 Community Protection Police 12,302.70 Public Works 3,793.81 Municipal Court 1,707.23 Planning 836.21 Building 1 ,633.39 Total Community Protection 20,273.34 Home & Community Quality Public Works 7,922.32 Social Services Library 1,670.61 Aged Services Youth Services Historical Total Social Services 1 ,670.61 Policy & Administration Mayor. & Council 680.09 Administration 2,589.11 ]Finance 4,374.51 Total Policy & Administration 7,643.71 City Wide Support Functions Non-departmental 16,052.08 Misc. Accounts (refunds & payroll deductions, etc.) 44,578.47 CAPITOL BUDGET Community Protections Road Acquisition & Dev. .arks. Acquisition & Dev. Storm Drainage Total Community Protection Support Services Building Improvements Sr. Cit. Center 148.00 DEBT SERVICE General Obligation Bond Bancroft Bond & LID Expenses 2,760.29 UNIFIED SEWERAGE AGENCY Contract 74,838.45 TOTAL AMOUNT OF CHECKS WRITTEN 175,887.27 March 3, 1982 MEMORANDUM TO: City Council FROM: Planning Director On March 2, 1982, Tri-Met made a presentation to the Planning Commission, re- questing a Conditional Use permit to locate a timed-transfer center on SW Commercial Street. The Planning Commission unanimously approved Tri-Met's request. Attached are the staff's report and Tri-Met's report to the Commission for your review. 1 STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMISSION March 2, 1981 - 7:30 p.m. Fowler Junior High 10865 SW Walnut Street, Tigard February 19, 1982 No submission of additional material by applicant shall be made at this Public Hearing unless the applciant is requested to do so. Should this occur, unrequested, the item will be tabled until the following hearing. DOCKET: Conditional Use, CU 6-82 (Tri-Met) NPO 461 APPLICANT: Tri-Met OWNER: Dick Kadel 4012 SE 17th Avenue 8960 SW Commercial Portland, Oregon 97202 Tigard, Oregon 97223 APPLICATION DATE: February 16, 1982 SITE LOCATION: 8960 SW Commercial (Washington County Tax Map 2S1 2AA, lot' 4800) . REQUEST: For a Conditional Use to locate a Tri-Met bus time-transfer center in a C-3 General Commercial Zone. PREVIOUS ACTION: None FINDINGS OF FACT: 1. The site is zoned C-3 and is designated General Commercial on the NPO 461 Plan Map and the City of Tigard Comprehensive Plan. 2. The City of Tigard Municipal Code allows governmental land uses as a _ Conditional Use in a 'C-3 General Commercial Zone. Tri-Met is funded primarily with public money and was established to provide a public mass transit system to serve the residents of the Portland Metro area. (Reference Code Section 18.28.020(16) ) 3. Tri-Met is proposing to purchase the properties presently occupied by Tigard Auto Body and the Greyhound Bus Depot. The owner of both parcels, Richard Kadel, has agreed to sell the property to Tri-Met. Tigard Auto Body is a nonconforming use in the C-3 General Commercial Zone. Mr. Kadel is in- terested in relocating his business on property in Tigard appropriately zoned to accommodate an Auto Body Shop. 4. Tri-Met is proposing to remove the existing Tigard Auto Body Building to accommodate the transfer facility. The existing Greyhound building will re- main to house restroom facilities and concessions. t 5. The timed- transfer concept is designed to allow passengers to transfer at the transit center without long delays. A maximum of 10 buses will meet at the transit center every twenty to thirty minutes. This allows riders to transfer from one line to another with a maximum wait of five minutes. The service to and from Tigard will improve dramatically with this system. New routes are planned to allow riders to go directly to Tualatin, Beaverton, STAFF REPORT CU 6-82 Page 2 Sherwood and Lake Oswego avoiding the unnecessary trip into Portland to make transfers. 6. The proposed transit center will be located off-street. The buses will park and load on the site, eliminating bus congestion on SW Commercial Street. Under the timed-transfer system, buses arrive simultaneously which eliminates a constant circulation of buses through the downtown area. There are adequate sidewalks and crosswalks proposed on the site to insure the safety of passengers transferring from one bus to another. 7. The proximity of this site to the railroad tracks would allow this facility to serve as a transfer point for a lightrail system in the future. 8. Tri-Met made a presentation to NPO #1 on February 3, 1982. NPO #1 is in support of the concept and the location of the timed-transfer ce,,ter. The NPO X61 Report is attached. CONCLUSIONS: 1. The site. is zoned C-3 General Commercial in conformance with the NPO #1 Plan Map and the-City of Tigard Comprehensive Plan Map. 2. The proposed use seems appropriate in this location because of its proximity to the downtown and the railroad tracks in the event lightrail ser- vice becomes available to Tigard in the future. Further, a facility of this nature should benefit the residents of Tigard by dramatically improving mass transit service. 3. The traffic impacts on the downtown area should not be significant. No automobile parking will be allowed on the site so increased automobile traffic as a result of this facility should be minimal. 4. Staff feels that pedestrian safety has been adequately provided for. Cross- walks will be needed on SW Commercial to allow for pedestrian access to ad- jacent businesses. RECOMMENDATION: Staff recommends approval of Conditional Use CU 6-82 based on findings as follows: 1. This facility conforms to Goal 12, Transportation, of the LCDC Goals and Guidelines. 2. After an anlysis of sites available in the Tigard area, Tri-Met, City staff, and NPO #1 concur that this site is appropriate for the proposed timed-transfer center. 3. Section 18.28.020(16) of the Tigard Municipal Code allows for governmental land uses in the C-3 General Commercial Zone. Staff further recommends the following conditions be placed on the approval of CU 6-82: STAFF REPORT CU 6-82 Page 3 Y" 1. Tri-Met shall apply for site design review for this facility. At site design review, the following shall be addressed to the satisfaction of City staff: landscaping, signing, access, pedestrian safety and site improve- ments. Prepared by: Approved b � - pl E4Z- Associate eth A. Ne n Frank A. Currie Planner Planning Director Neighborhood Planning Organization fel Tigard Plannint' Stafl Tigard Planning Commission Tigard City Council Tigard, Oregon Concerning; Tri-Met proposal to built a transit station in downtown Tigard at the location of Tigard Auto Body. On 3 February 1982 Tri-Met presented their transit station proposal to the NPO. After the presentation the proposal was discussed and the "Alternatives Analysis Summary-Tigard Transit Center"document discussed. The NPO has come to the follc%Ving conclusions and wish to offer them to the city for their con- sideration when the issue is taken up. . 1) The NPO supports the proposed site on Commercial just off of Main at the present Tigard Auto Body location. 2) The NPO supports the concept of the transit station and believes it will offer the citizens of Tigard better local and cross-town public transportation than is now avail- able. 3) The NPO suggests the investigation, if possible, of dual development of the site to enhance its value to the community. 4) The NPO believes that this project be expedited in order to assure appropreate federal funding. Please, enter this policy statement into the public record in all phases of this project as they occure. Thank you. S c atary- vice President o 02 o cc 1 Lij LU cr- us Gt° x Q Ir o W WEu o =__= _� (f) CC ___— 02 o i==___� .j'' _ CL CLP. y n TIGARD TRANSIT CENTER IMPACT ANALYSIS This report will briefly evaluate the air quality, parking, traffic, economic and pedestrian impacts of the- proposed transit center for downtown Tigard. Air Quality Duringthe morning (lam - 9am) and afternoon (4pm - 6pm) rush hours there will ultimately be ten buses scheduled to meet at the transit center every twenty minutes. During midday and evening hours the ten buses will meet at the transit center every thirty minutes. These buses; once at the transit facility,will shut their engines off for the duration of their layover, usually about five minutes. The impact on air quality created by the transit center in central Tigard would be very negligible. In fact, it has the potential of improving air quality by removing a good number of cars from the streets, by virtue of encouraging those drivers to use transit. The air quality in downtown Portland, even with over 300 buses passing through it per rush hour, ha, improved due to an overwhelming reduction in auto travel . Parking The impact of the transit center on parking in the vicinity will be negligible if parking restrictions on nearby parking are enforced by the city. Initially, some will drive to the transit center to park-and-ride. However, if parking is not provided for that purpose, and time limits are imposed on adjacent parking, the impact on parking will be very minimal . This was proven to be the case for Beaverton, Cedar Hills, Milwaukie and Gresham Transit Centers. It is also important to note that improved local transit access to the transit center shall be provided that will reduce the number of riders needing to drive to a bus stop. For those not living within walking distance of a bus route, many park-and-ride lots are provided in this area. Traffic Because the proposed transit center would be located off-street, the potential ramifications on traffic circulation for the central Tigard area are minimized. Also, in a timed transfer system all buses are scheduled to arrive simultaneously. This means there would not be a constant circulation of buses through central Tigard. Once the "meet" had been accomplished, buses 'Would leave and not reappear until twenty or- thirty minutes later. lasing the same concept in transit service, the areas around transit centers in Beaverton, Cedar Hills, Milwaukie and Gresham have not experienced traffic problems resulting from those transit centers. The transit center prcposed for downtown Tigard actually has the potential of ,reducing traffic congestic:. in central Tigard if enough drivers can be encouraged to use transit. With the improvements in service planned for the Tigard area to coincide with the' construction of the transit center, encouraging present automobile drivers to use-transit will be easier to accomplish. Economic Development The transit center will provide a positive incentive for economic development for the central Tigard area. Routes will radiate to the facility from-all areas on the Westside; increasing the' transit 'accessibility of central Tigard substantially. Many businesses, when evaluating potential site locations, are very much influenced by the transit accessibility of a given area. Commercial and retail enterprises in the vicinity would also benefit from transferring riders who chose to shop before catching a connecting bus. , In Beaverton, upwards of 7200 riders are moved through the facility on a typical weekday. This kind of movement through a transit center generates substantial retail pota:ntial for shops and stores in the. near vicinity. Pedestrian•Safety Because the proposed transit center would be situated off-street, with island platforms around which buses would park, riders transferring from.one bus to another would not experience any problems -crossing streets to change buses. Riders walking from the transit center to adjacent businesses, etc. would be provided with- crosswalks and sidewalks connecting the transit center to those activities whenever feasible. A L T E R N A T I V E S A N A L Y S I S SUMMARY T I G A R D T R A N S I T C E N T E R FEBRUARY 1, 1982 TRI-MET, SERVICE PLANNING DEPARTMENT The Tri-'Set Transit Development Program has identified central Tigard as the location of a key transit center in the southwest area of Tri-Met's service region. The transit center would be designed to serve two primary functions: the first being to provide a convenient and safe place for riders to transfer buses, and the second to provide a focus for a good level of service to central Tigard. This facility would be one of five transit centers planned as integral parts of the Southwest Service Improvement Program. (See Figure 1.) Some two years ago an alternative site location analysis was conducted with staff members from Tri-Met and the City of Tigard reviewing a variety of sites within the central Tigard area. A series of locational criteria were developed to aid in the site selection process (see Figure '2) . From this analysis a preferred site was identified on Commercial Street, about 200 feet east of Main Street (see Figure 3) . The site selected lies between Commercial and the Southern Pacific Railroad and covers an area of about .83 acres. Two structures are presently located on this site, an auto body shop and a newer small commercial building occupied by a Greyhound Bus Depot and a barber shop. For this property to be developed into a transit center, the auto body shop would have to be torn down, however the bus depot building and barber shop would be retained for joint use with Greyhound and later expansion of the transit center. Some key advantages of the Commercial site can be summarized as follows: close proximity to Main Street (200 feet) sidewalks in place betweelr. Main Street nii l l:rans:it center site . good proximity to activities on Commercial Street . Sood bus access to Commercial from Hall and Main Streets . property dimensions well suited to the needs of the transit center . property is adjacent to the Southern Pacific right-of-way for future light rail alignment . requires minimal deviation from 99-W corridor for trunk routes The major disadvantages of the Commercial site can be summarized as follows: sidewalks do not exist east of the site requires demolition of a building Site is somewhat separated (by Southern Pacific right-of-way) from the proposed Civic Center, City Hall, and a planned shopping center. t At a recent meeting of the Tigard downtown redevelopment committee an alternative site for the transit center was proposed. This location is on Burnham, between the Southern Pacific Railroad right-of-way and Burnham. (see Figure 3) The property covers 1.48 acres and is roughly 350 feet from 'Main Street. ,�J A L 1 . y - { b • T; aK i. t ro s t �k t' rt�. TIGARD TRANSIT CENTER Key Locational Criteria . Adequate space for 10 bus bays . Proximity to major radial corridor (Hwy, 99W-Barbur Blvd.) . Proximity to business and commercial activities . Linkage to pedestrian walkways . Minimize walking distances between buses for transferring riders . Minimize adverse impacts on traffic circulation . Maximize safety of bus access . Integration with character of downtown . Capital costs of construction . Capital costs of right�rof—way . Potential for integration with other modes of transportation (light rail and Greyhound) . Layout efficiency and flexibility for expansion . Visibility of the transit center to the public Compatibility of adjacent land uses with transit center Proximity to residential units t 04 77, vi, The Burnham site was proposed as a potentially good location for a transit center because of its proximity to a planned shopping center and civic center, both to be located south of Burnham. Essentially, this site could offer better integration of a transit center with the future growth plan for downtown Tigard. Some key advantages of the Burnham site can be summarized as follows: proximity to planned shopping center and proposed civic center proximity to Main Street (350 feet) land is predominantly vacant (little demolition required) . proximity to City Hall, if expanded . property borders Southern Pacific right-of-way for future light rail alignment The key disadvantages of the Burnham site can be summarized as follows: . dangerous bus access to Bvirnham Street from Main Street; i.e. : right turning movement from Burnham onto Main . dangerous bus access from Burnham to Hall Boulevard; i.e. : left turn from Burnham onto Hall has poor sight clearance for northbound Hall traffic . no sidewalks on Burnham to link the transit center with Main Street or other activities . If Tigard Street is extended it would basically separate the transit center from the Southern Pacific right:-of-way. . Existing development on Burnham is devoted primarily to industrial and light manufacturing uses, which are not transit supportive. . The major advantage of this site, its proximity to planned and proposed developments, is very tenuous as future development plans for downtown Tigard have yet. to be fully -completed in terms of a site .location and timeline determination_ After closely examining the advantages and disadvantages of the alternative transit center sites, the City of Tigard and Tri-Met have reached an agreement to pursue the Commercial Street site as the preferred alternative. The Commercial site was determined to be preferrable for the following reasons: { Better pedestrian access to Main Street (proximity and existing sidewalks) . Better proximity to existing transit supportive activities (If proposed developments for central Tigard urban renewal do not materialize, or require an extensive period of time to come to frusta- •tion, the Burnham site would offer very little in the way of advantages. e Safer bus movements to and from Commercial Street, from Hall Boulevard and Main Street. Commercial property is better located with respect to the Southern Pacific ri8ht,of.way(Tf Tigard Road is extended on the south side of the Southern Pacific right-of-way,this effectively separates the transit center from a potential light rail alignment.) The dimensions of the Commercial property are better suited to Tri-diet's needs and offer better bus access and egress to and from the property. Figure 4 shows a plan view of a proposed transit center design for Tigard. Adequate layover space for ten buses is illustrated in the figure, with one space possibly devoted to a Greyhound bus and another to a rider drop-off area. Finally, Figure 5 illustrates how a transit center was integrated into a downtown area in Bellingham, Washington. This represents the very kind of design integration within a downtown area Tri-Met would pursue in central Tigard. Rider amenities that would likely be incorporated into the design of a Tigard Transit Center would include: Shelters - (or sheltered area) Benches Information Displays . Telephones . Trash Receptacles . Restrooms . Small Concessions Kiosk ' LANDIS, AEBI & BAILEY, P. C. LAWYERS 1516 GEORGIA-PACIFIC BUILDING PORTLAND. OREGON 97204-1276 DAVID C.LANDIS TELEPHONE:(503)2Z4-6532 FRED M.AEBI JOE D.BAILEY JOHN C.MERCER JAMES M.CALLAHAN February 23, 1982 ANNA M.MORAN DAVID R.FOSTER E. Circuit Court Washington County Courthouse Hillsboro, OR 97123 Gentlemen: City of Tigard v. J. A. Paterson, et al Case No. 42-368 - Our file 12, 836-41 I enclose for filing and the court ' s consideration our brief in support of the plaintiff ' s position. Very truly yours, Joe D. Bai!Gy Joe D . Bailey JDBfmr Enclosure cc: The Honorable Alan C. Bonebrake George E. Birnie, Esq. V�c: Mr. Bob Jean, City of Tigard l r` I IN THE CIRCUIT COURT OF THE STATE OF -OREGON 2 FOR THE COUNTY OF WASHINGTON 3 CITY OF TIGARD, an Oregon ) Municipal Corporation, ) 4 ) Plaintiff, ) No. 42-368 5 ) VS. ) TRIAL MEMORANDUM 6 ) J. A. PATERSON and LERON ) 7 HEIGHTS INTERCEPTOR, INC. , ) an Oregon corporation, ) 8 ) Defendants. ) 9 10 I. STATEMENT OF FACTS 11 In 1964 the City of Tigard and J. A. Paterson entered 12 into an agreement concerning the construction of a sewer line (the 13 Leron Heights Interceptor) . Mr. Paterson was engaged in subdividing 14 and developing land at the edge of the City, and needed to extend 15 a line to serve some of that land. The City had available capacity 16 in its sewer treatment facilities, and made the agreement with 17 Mr. Paterson allowing him to build the line and deliver sewage for 18 treatment at the City ' s plant. The agreement had the following 19 basic elements : 20 1 . Mr. Paterson was to build the line at his expense and 21 connect it to the City' s main. (Agreement, Exhibit A to Complaint, 22 Paragraph (1) ) 23 2 . In addition to the standard sewer connection charges, 24 which Mr. Paterson was to collect and pass on to the City, Mr. 25 Paterson was to be permitted to collect up to $150 for each 26 service connection . (Exhibit A, Paragraph (1) d. ) The controversy Page TRIAL MEM101,ANDLIM LAh D15, AEBi & BAILEY 5516 C,Po-jia-Poca.c Budding P-0tl - ,O-Non 97204 4,pbone 15031 224-6532 I which has resulted in the present litigation arises out of Para- 2 graph (1) d. and its relationship to the balance of the contract. 3 The language of Paragraph (1) d, of the contract is as follows: 4 "To amortize Contractor' s investment in said interceptor sewer line, Contractor shall 5 be entitled to assess and collect not to exceed $150. 00 for each service connection 6 authorized hereunder during Contractor' s 7 ownership of the interceptor sewer line. " 8 3 . Mr. Paterson was to keep detailed records of the cost 9 of construction of the line and report that cost to the City. An 10 addendum was anticipated. The addendum was to record the cost of 11 construction and incorporate it into the contract. (Exhibit A, 12 Paragraph (2) ) 13 4 . The City was to have the right to buy the line at cost 14 less depreciation. The contract provided for depreciation at the 15 rate of one-third of one percent per calendar month (four percent 16 a year) . (Exhibit A, Paragraph (2) ) 17 5. The addendum, dated April 22, 1968, recited that Mr. 18 Paterson had assigned his interest in the contract to Leron Heights 19 Interceptor, Inc. The addendum identified the cost of the project 20 as $84 , 431 . 32 . (Exhibit B, Paragraph (2) ) 21 6 . The addendum also amended Paragraph (7) of the original 22 agreement, and in the course of that amendment the addendum re- 23 peated the language quoted above from Paragraph (1) d: 24 "The sewer connection charge to be paid to the City and the additional charge here- 25 inabove authorized to be collected by the contractor to amortize the cost of the con- 26 struction shall be applicable only to single family or duplex residential connections ***. It Page (Exhibit B, Paragraph (3) ) 2 - TRIAL MEMORANDUM LANDIS. AEBI d BAILEY to vycn 1516 Georggio•Pocific Building Fo:tland,Oregan 97204 Telephone(503)224.6532 1 The area around the Leron Heights Interceptor grew 2 rapidly. By the end of 1973 approximately $90, 000 had been col- 3 lected by the defendants pursuant to Paragraph (1) d. of the 4 agreement. That is, some time in 1973 the defendants finished 5 recapturing the cost of construction. The City has reviewed the 6 defendants ' financial records with resepct to money collected from 7 the administration of the contract. There are a few ambiguities, 8 but none which have a substalitial effect on the present litigation. 9 For the purpose of having concrete figures to discuss the following 10 schedule is proposed. If the defendants disagree with this schedule 11 the disagreement should be set forth in their answering brief_ I2 Year $ Paid/Year Cumulative Total 13 1967 12, 750 14 1968 8, 430 12, 750 1969 13 21, 180 15 1970 , 150 34, 380 1971 6, 400 40, 530 16 1972 19, 170 46, 930 1973 23, 385 66, 100 17 1974 4 , 350 89, 485 1975 6, 300 93, 835 1976 Q 100, 135 18 1977 5, S50 108, 115 19 1978 -' 100 113, 965 1979 � � 050 121, 165 20 1980 14, 750 125, 215 137, 965 21 (There is a record of thO collection of 22 $4 , 500 during the year 1966. It appears t.1l3t figure may be included in the 23 $12, 750 shown for 1967, ;o for the 24 purpose of this chart and the present case it is not shown as having been 2� received in 1966, that j s, it is tre�3ted as part of the 26 $1'. 750 shown for 1967 . ) Page 3 - TRIAL MEMORANDUM to\: . AF31 S 0.LIl EY I t I a 0-77 97:JJ ^' ''• ••M131 2:4.6532 MIR 1 II. POSITIONS OF THE PARTIES 2 The defendants have continued to assert that they have 3 a right to collect $150 for each connection bringing sewage into 4 the Leron Heights Interceptor. They point to the fact that the 5 Agreement (Exhibit A) provides for depreciation at the rate of 6 four percent per year, and says that so long as the City does not 7 exercise its option to buy at the depreciated price, the defendants 8 are entitled to keep collecting. 9 It is the position of the City that when the Agreement 10 says that its purpose is to permit the defendants "to amortize 11 contractor ' s investment in said interceptor sewer line" (Exhibit A, 12 Paragraph (1) d. ) and "to amortize the cost of the construction" 13 (Exhibit B, Paragraph (3) ) , it makes $84, 431.32, the agreed cost 14 of the construction, the maximum recoverable. 15 III . CITY'S ARGUMENT 16 A. The meaning of the contract of September 14 , 1964, is 17 clear on its face. 18 The words "to amortize" and "amortization" have never 19 been judicially interpreted, but have been discussed numerous 20 times in case law without definition. Hanover Bank v. Commissioner 21 of Internal Revenue, 369 US 672, 673 (1962) ; U.S . v. Dwyer Lumber & 22 Plywood Co. , 353 F2d 351, 352 (9th Cir 1965) ; Art Neon v. Denver, 23 488 F2d 118, 122 (10th Cir 1973) , cert den 417 US 632; and WDEF 24 Broadcasting Co_ v. U.S . , 215 F Supp 818, 820 (ED Tenn 1963) . 25 The clear meaning of the word "amortization" in all these i 26 cases is the spreading of the cost of something over a period of Page 4 - TRIAL 1,1EM:)RANT DU:d LANDI3,AEBI & BAILEY Lo-yen 1516 Georgia-Po.if:c Budding Portland,C-egan 97204 Telephone(503]224.6532 I time. Only costs are involved; profit is not amortized. Diction- 2 ary definitions are consistent with this interpretation. The 3 American Heritage Dictionary cf the English Language defines "to 4 amortize" as: 5 "l . To liquidate (a debt) by installment pay- ments or payment into a sinking fund. 6 2. Accounting. To write off (expenditures) by prorating over a certain period. " 7 Black' s Law Dictionary, 4th Edition, states that: 8 " [I] n its modern sense, amortization is the 9 operation of paying off bonds, stock, a mort- gage, or other indebtedness, commonly of a 10 state or corporation, by installments, or by a sinking fund. An ' amortization plan' for the 11 payment of an indebtedness is one where there are partial payments of the principal, and 12 accrued interest, at stated periods for a definite time, at the expiration of which the 13 entire indebtedness will be extinguished. " 14 Words used in a writing which have a well-known meaning I5 in the law at the time of the writing are used in that sense 16 unless the context clearly states that a contrary use of the word 17 is intended. Giustina v. United States, 190 F Supp 303 (DC Or 1960) . 18 Based on the commonly used definition of "amortization, " the pur- 19 pose of the amortization clause in the 1964 contract was to allow 20 Paterson to recoup only the cost of the sewer line. 21 Parties to business transactions are usually sophisti- 22 cated business people who write carefully and clearly express 23 themselves . Oregon Surety and C. Company v. U.S . National Bank, 24 300 P 336 (Or 1931) . Therefore, there is serious doubt of ambiguity 25 in business contracts. Id. If Paterson intended to be paid $150 26 Per sewor connection even after he had recouped the total cost of Page 5 — TRIAL ASE�lOR1NDUDi LANMS, nfnf s SAILEY t`7 r 1516 CI-110" . T.1oph m;1 0_!224-6532 1 his investment, he should have expressly provided for it in the 2 contract. Harty v. Bye, 258 Or 398 (1971) . g Oregon, moreover, adopts the objective theory of con- 4 tracts. Springer v. Powder Power Tool Corporation, 348 P2d 1112 5 (Or 1960) . In the Springer case, the court cites the Restatement 6 of Contracts § 230 and states: 7 "The standard of interpretation *** is the meaning that would be attached to the inte- 8 gration by a reasonably intelligent person acquainted with all operative usages and 9 knowing all the circumstances prior to and contemporaneous with the making of the 10 integration, other than oral statements by the parties of what they intended it to mean. " 11 Springer at page 1116. 12 If the court looks to the surrounding circumstances, the situation 13 of the parties and the subject matter of the contract for aid in 14 construing the contract, the court should find that Paterson is 15 no longer entitled to collect connection fees. Upper Columbia 16 River Towing Co. v. Glens Falls Insurance Co. , 179 F Supp 705 17 (DC Or 1959) . 18 B. A municipal contract should not be construed against 19 the public interest. 20 A municipal contract should not be construed against the 21 public interest. Borough of Bridgeville v. Valsi, 178 A2d 826 22 (S Ct Pa 1962) . This is true even when the sewage company is a 23 private corporation and no one else has a right to connect the 24 sewer. Pulaski Heights Sewerage Co. v. Loughborough, 129 SW 536 25 (Ark 536 1910) . In Pulaski the court stated: 26 "Property does become clothed with a public interest when used in a manner to make it of Page 6 - TRIAL MEMORANDUM LANDIS,AEBI & BAILEY L.,,yers 1516 Georgia-Pacific Building Ponland,Cregon 97204 Telephone(503)224-6532 1 public consequence and affect the community at large. When, therefore, one devotes his 2 property to a use in which the public has an interest, he in effect grants to the public 3 an interest in that use, and must suY-rit to be controlled by the public for the common 4 good, to the extent of the interest he has thus created. He may withdraw his grant by 5 discontinuing the use; but, so long as he maintains the use, he must submit to the 6 control. " (Citations omitted) Pulaski at 536. 7 In Pulaski the court held that the public cannot be subjected to 8 unreasonable charges in order that the sewage company may make 9 a profit. "The rights of the public are not to be ignored. " 10 Pulaski at 537 . 11 CONCLUSION 12 The City does not seek to recapture overpayments since 13 1973 , but only to have the court declare the defendants ' collec- 14 tion rights at an end. The public should not be required to 15 furnish profits to the defendants. The defendants agreed to build 16 the line at their expense, and the City agreed to assist them in 17 recapturing the cost of the line. It would be wrong for the City 18 to permit the use of public facilities for defendants ' private 19 profit. 20 respectfully submitted, 21 LANDI , E$I & BAI Y, P.C. 22 By 23 Bailey 24 (� 25 Vicki Hopman ' tes 26 Attorneys for Plaintiff(, Page 7 - TRIAL MEMORANDUM LANDIS, Alta C FAtLEY l+ta i•o.•, ;,,x;.;,14:6u�td+np C7204 TC*rh'­0031 2234532 V _ March 4 , 1982 MEMORANDUM To: Mayor and Council / From: Doris Hartig, Finance DirectoAkl,�/ Subject: OLCC Applications !( The Chief of Police has reported that all of the applications for OLCC permits in this week's packet have been investigated. The Chief would recommend Council approval of the applications based on the investigation results. Avoid Verbal Messages A-1 CITY OF TIGARD To: CH From:— UORTS HARTIG Subject: OJ,CQ , RENEWAL APPLICATION Date:__ March ! 1982 Please investigate and have recommendation ready for March 8, 1982 council meeting. WEBFOOT DELI & WINE CO. 13815 S.W. Pacific Hwy Suites I & J Tigard, Oregon 97223 Type of application: Retail Malt Beverage and Package Store Avoid Verbal Messages A-1 CITY OF TIGARD To:- CHIEF ADAMS From: DORIS HARTIG Subject: OLGG LfIITTE;M ADOT TCAT-10 j1 Date:_ March 2 1982 Please investigate and have recommendation ready for March 8, 1981, Council meeting. Willowbrook Restaurant 11525 S.W. Durham Road Tigard, Oregon 97223 Type of Application: Restaurant �•S - G/ C i' t Avoid Verbal Messages A-1 CITY OF TIGARD To: CHIEF OF POLICE From :--DORIS HARTIG Subject: OLCC RENEWAL APPLICATION Date:— March 3, 1982 PLEASE INVESTIGATE AND HAVE RECOMMENDATION READY FOR March 8, 1982, COUNCIL MEETING. The Pizza Merchant 13066 S.W. Pacific Hwy Tigard, Oregon 97223 Type of Application: Retail Malt Beverage Ike i, Avoid Verbal Messages A-1 CITY OF TIGARD To: CHIEF OF POLICE From: DORIS HARTIG Subject: OLCC Application Date: March 1, 1982 Please investigate and have recommendation ready for March 8, 1982 Council meeting. 7-Eleven Food Store NWC Hall & Pacific Hwy ; 0 14S- Tigard, 4STigard, Oregon 97223 Type of Application: New Outlet f MEMORANDUM March 4, 1982 TO: City Administrator FROM: Chief of Police SUBJECT: Correction Facilities RE: Ballot Measure #3; To Fund Corrections Facilities Sir: There is a clearly identified need to expand corrections facilities in the metro area, as well as statewide, to avoid the revolving door problem generated by overcrowded jail popula- tions. Therefore, it would be my recommendation to the City Council that they join the County in support of Ballot Measure X63. Respectfully, L R.B. Adams Chief of Police RBA:ac i t WASHINGT®N COUNTY ADMINISTRATION BUILDING--150 N. FIRST AVENUE HILLS40RO, OREGON 97123 . (503) 648-4681 BOARD OF COMMISSIONERS ROOM 418 VIRGINIA DAGG,Chairman LYELL GARDNER,Vice Chairman JIM FISHER BONNIE L.HAYS LUCILLE WARREN February 16, 1982 The Honorable Wilbur Bishop Mayor of Tigard P. O. 23397 Tigard, Oregon 97223 Dear Mayor Bishop; As you no doubt are aware, Washington County has taken a lead in support of the May 18, 1982 Ballot Measure #3 which would create a $60 million fund for correction facilities of various types throughout the State, including the State-run 250-bed medium security "hard bed" prison available for sentenced felons, to be supplemented by 150 beds available for the three Metropolitan Counties. In addi- tion a 70-bed women's correction center, a permanent facility for a 40-bed Washington County Restitution Center, a 50-bed work release section in the Washington County Public Safety Building, a 40-bed Restitution Center in Multnomah County, and a 75-bed regional work center are anticipated. The above requests were made in a joint application to the State Corrections Division by Washington, Multnomah and Clackamas Counties. Washington County's needs and the Cities within Washington County can be categorized in the four following areas: 1. The 123-bed Washington County Jail was built in 1971 and is presently dangerously crowded and inadequate to , incarcerate adults who are a danger to the public or who must be detained prior to trial. 2. The judges ' use of the Jail in sentencing is increasing due to the revolving door and lack of space at the State institutions. 3. The population of Washington County has increased by over 60,000 persons (30% increase) since the Jail was built; arrests for violent crime have increased 136% and 50% for property crime since 1975; the average daily population of the Jail has increased 101% and total reported crime has increased 35% since 1975. an equal opportunity employer a February 16, 1982 Page 2 4. Washington County needs more space to incarcerate dangerous offenders and to provide structure and work opportunities in restitution centers and work release centers for those inmates who don ' t need long periods of time behind bars. The plans submitted by the Metropolitan Counties are expensive (approximate total $20 million) to build and operate. Thus, the voters must decide whether to have more space to punish and pro- vide rehabilitive services to convicted offenders is worth the invest- ment. Washington County has a highly respected and cost- effective corrections system. The Washington County Board of Commissioners, the Corrections Advisory Board, members of the public and law enforcement community have been involved in preparing this application. We think it represents a balanced and sensible approach to a critical situation in our County. As you no doubt know, some of the Cities in Washington County have holding areas where arrested persons can be held for a short period of time but must be transferred to the Washington County Jail for further incarceration. I was surprised to learn that a high per cent of the people committed to the County Jail are arrested by City Police. I asked Captain Gerry Sargeant, Corrections Administrator, to take a random analysis and learned that in February, 1981, a total of 564 persons were lodged in the Jail, of which 187 or 31. 1% were arrests made by City Police; in July, 1981, the total was 617, 214 being City arrests, and in October, 1981, a total of 524 were detained, 181 of whom were results of City arrests or 34. 5%. The average of these three months shows that the County provides facilities for 34. 1% of those arrested. During this same period of time, 12. 3% were lodged as a result of arrests by the Oregon State Police and the balance were those detained as a result of County Sheriff arrests. The County Jail is constantly overcrowded with early release mandated to make room for more arrests. On a typical day some 50 convicted felons are in the County Jail when in actuality they should be in Salem in the State penitentiary where over-crowding is a monumental problem. The local judges in many cases elect to have cer- tain prisoners sentenced to the County Jail for a one-year sentence where the judge can prevent an early release. The same felons, sent to Salem, stand a much greater chance of early release. As you can no doubt see, the needs are critical and the Washington County Board of Commissioners voted unanimously to support Ballot Measure #3 and also to solicit endorsements by all the Cities, including yours, in Washington County. February 16 , 1982 Page 3 In addition to the facilities which would be constructed in the Tri-County area, other Counties throughout the State have applied for similar programs. Also, the State would construct a 150-bed forest camp and approximately 70 more segregational units in the State penetentiary in Salem. There is an overall program to provide a variety of solutions for a variety of convicted felons , such as maximum security for the hard-core, medium security for non-violent , rehabilitive programs , work release nrograms , restitution centers, etc. Enclosed you will find a suggested resolution and order which your City Council will honefully adopt . Upon adoption , please send a copy of resolution to me so that groper notification can be made to the media. I have been designated by our Board as a representative to our local Washington County Corrections Facilities Support Committee and was appointed by the Governor to the Bonds Steer- ing Committee for the State, thus the reason for my solicitation on behalf of our Board from your Council . Thanking you for your consideration , I remain, Sincerely, f � J m Fisher, Commissioner oard of Commissioners . oiY Washington County J JF: crm Enclosure f March 8, 1982 -! RECOGNITION OF SENIOR CENTER VOLUNTEERS The Tigard Senior Center is now a vital part of our community. This facility and its program would not have been a reality without countless hours of effort and sacrifice on the part of a number of hard-working, dedicated volunteers. I now hereby proclaim the grateful appreciation of the Tigard City Council to these volunteers for the services they have performed and bestow Keys to the City with all rights and privileges of honor pertaining thereto to the following citizens: (Please come forward as I call your name) Al Boenninghausen Tom Briant Richard M. Brown Lloyd Carroll C. Vern Christensen , Robert Deuth Art Hill , ' Gar Hubble Jim Kincaid Irving Larson,/ Jessalee Hallalieu Dick Mastbrook✓ Fred Menzel Clayton Nyberg,,;' Mary Robbenl Cliff Speaker Nancie Stimler✓ Carol Weaver, Ida Wilks Lynn Wortendyke •% Carol Young Graham Young (awarded posthumously) TIGARD LOAVES & FISHES CENTER DRAFT FY 82-83 Operating Budget July 1, 1982 - June 30 , 1983 DESCRIPTION NOTES TOTAL Center Manager 40 @ 6 . 25 16 , 764 Caterperson 27 @ 4 . 85 8 , 781 Assistant Center Manager 40 @ 4 . 88 12 ,635 Outreach 20 @ 3 . 50 4,531 Info. & Referral Worker 17. 8 @ 3. 50 4, 105 Center Assistant 3 mo GT/9 no @ 20 4,059 Meal Cost 1. 592 32 , 318 Center Purch. Raw Food @ . 425 863 Small Equipment 100 Mileage 1, 340 Rent & Utilities @ 400/mo 4, 800 Telephones 250/mo 3 ,000 OW Containers . 193 1 , 351 Consumables & Supplies . 07 1 , 500 P Repairs & Maint. - Equip 500 Office & Prog. Supplies Office 500/Recr. 150 650 Fundraising Costs 2 ,500 Training 200 Central Proj . Oper. 5 , 102 Central Proj . Admin. 4, 255 i TOTAL EXPENSES : $ 109 , 354 Federal Title III 32 ,236 Meal Don. : Congregate 1 . 30 17 ,290 MOW 1 . 25 8 , 750 Gifts , Don. & Pledges 7 ,500 Green Thumb 1 ,015 Rev. from Pub . Sources (City) 12 ,500 USDA . 515 10 , 300 Interest 1 , 200 Center Projects 2 , 200 King City 1,000 Funds to be identified 15 , 363 TOTAL INCOME : $ 109 , 354 NOTE: This budget is a draft estimate of the center oper- ating budget for FY 82-83. It is subject to change. FOOTNOTES : 1) Personnel includes salary, taxes & all fringe benefits . 2) Projected meals : Congregate 13 ,000 ; Home delivered 7 ,000 ; Other -60 meals 300 ; for a total of 20 , 300 . 3) Funding from Washington County Area Agency on Agging are estimates. Final allocations have not been made. 4) Funding from City of Tigard requires approval of City Tax Levy. tgard community youth services 620-2621 FACT SHEET - FEBRUARY 1, 1982 Budget Information The dollar amount sought by TCYS for FY82-83 is $69,946, 11.3% above last year's fig- ure. Adding the uncollected tax rate brings the total levy amount to $76,311. The millage rate by the end of June, including annexations but excluding Tigard's growth last year, would be .112, .011 below last year's rate of .123. Budget includes 7% merit system increase; no cost of living. Operations costs reduced by 9.8% from last year. Tigard levy supplies 42% of agency budget; Tigard residents get 66% of services. Service Information July 1, 1981 - Jan. 31, 1982 223 youth referred 16% under 12; 35% 13-15 42% live with both parents 42% 16-18; 7% 18+ 70% attend school full-time 586 hours of counseling 65% male / 35% female 1624 services other than counseling 73% have no police record 2494 people contacts 66% Tigard 28% Tualatin 367 job placements 50% self or family referred; 50% agency 31 volunteers gave 700 hours 56% family, school, drug problems; 636 class hours to 87 parents of 150 kids. 44% unemployrvant 870 hours of training and consultation 1669 Information / referral contacts Key comparisons to first seven months of last year: Youth referred up 23% Job Placements up 116% Counseling sessions up 24% Parent Ed. enrollment up 256% DM�Ict Juvenile Department reports fewer referrals from Tigard since ZCYS opened. 90% parents found parenting classes helpful. 80% parents still using skills learned in parenting class up to 3 years later. Delinquent youth getting jobs at 'ICYS show significant reduction in justice system contact afterward. Recent research shows youth perceptions of parental behavior accurately pre- dict. problem behavior - drugs, alcohol, crime. Miscellaneous TOYS provides the only ccummity-wide free personal/family counseling, employment services, and drug/alcohol counseling in the area. Counseling, employment, and parent education programs have a county-wide reputation for ex- cellence; parent education and employment are models for the metro area. Of 7 staff, 5 hold MA's; 62 total years experience working with youth. 11981 S-W. Pacific highway e tgard, oregon 97223 CO N O O O V' O L f) O M O O O O C) 0 0 0 0 rM .0Cp000C0� 111 rl 00 NO�000000 OOOC� OwO to to M OoOoOC� 00toorno000o °Dr�I 1� NN tf1NtOOl- V' 000� .-i OONN V' �O BOJ N M tD t0 tG 1- tD N CO �. 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'a v ' ["' ^ ✓ _� c o n -73 E V2 s v c > = c y oEi _ 29 m O G O -2 ILI :Ir cj Lt_! ` 3 v " " G — I C O ' v •O v G CD - t mo el ® v L u n E an = oi C O Pte. b V/ V V L u Cl-' v O c7 '-00r E 73 ' CJ �'�Gk''. •D f]0 :'S V Cf) 7 C3 cC N >' G r •� > G v �—– E c .c U 3 a 'u a oo cc C p y > n C O Oto ^ N C C E y c7 G _ AM ca 3 b c -- •;�, y v EIz '--• •O CS U a G y > - n 'u F a ° F ❑ �� F I .�' I aE, o I - pmt `7 March 4 , 1982 MEMORANDUM To: Mayor From: Frank Currie, Public Works Director Subject: LID Final Assessments Consideration The citizens may need to be reminded at the beginning of consideration of agenda item No. 7 that the procedure for this meeting with Council to for them to have an opportunity to speak regarding the method of distribution of the assessement costs only. Council would then need to levy the assessment against the benefited properties. s" C1` 'OF 70 t WASHINGTON COUNTY.OREGON Dear The purpose of. this letter is to inform you of a public meeting to be held before the Tigard City. Council at 8:00 p.m. on Monday, March 8, 1982, at Fowler Junior High, 10865 SW Walnut Street, Tigard, Oregon, for the purpose of levying final assessments against properties within the assessment district boundaries of the Hillview Avenue Sanitary Sewer Local Improvement District (L.I.D. ). An assessment roll showing the distribution procedure and the amount proposed to bd .assessed against each property within the district is enclosed. The purpose of this public meeting is to hear comments relative to the assess- ments proposed to be levied. If you cannot attend this public meeting, or do not wish. to appear, you. may file a written objection with the City Recorder prior to the public meeting. Objections must state the reason for the objection The Council may (1) return the assessment roll to staff with or without recom- mendations, (2) change the assessment roll, or (3) approve the assessment roll as. proposed. The approved assessment roll will be levied against the properties within the district. In the probable event that the Council approves the assessment roll as proposed, or if the Council. changes the assessment roll, you will be mailed an Assessment Notice reflecting the Council's decision. Assessments are due and payable upon receipt of that Assessment Notice. If you wish -to pay the assessment in semi-annual installments, you must file an P1Application for Installment Payment of Assessment" within 10 days of the date of the Assessment Notice. If you do not file this form within the pre- scribed time, you cannot pay the assessment in installments. An installment application will be enclosed at that time. If you have any questions, please contact me at City Hall, 12755 SH Ash, Tigard, Oregon, or phone 639-4171. Yours truly, Frank A. Currie, P.E. Director of Public Works cmv 12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 HILLVIEW AVENUE j SAN. SEW. L.I.D. #19 t , Map # 2S1 2CC Final Name & Address Tax Lot # Assessment Thomas A. Jurhs 2800 $ 3,878.58 10330 SW Hillview St. Tigard, OR 97223 Verl S. & Evelyn Lewis 2900 $ 3,916.07 10290 SW Hillview St. Tigard, OR 97223- Eldon 7223Eldon L. & Mae K. Kellas 3000 $ 4,432.57 10360 SW Hillview St. Tigard, OR 97223 Philip S. & Christine M. Westover 3200 $ 3,878.58 10340 SW Hillview St. Tigard, OR 97223 *includes nondistributal costs. Feb. 23, 1982 Page 1 of 2 HILLVIEW AVENUE SAN. SEW. L.I.D. #19 Assessment Method: 1. Total Project Cost - Total Nondistributal Costs = Total Distributal Cost ($18,620.80) - ($3,106.50) = ($15,514.30) 2. Total Distributal Cost + Total Lots = Distributal Cost per Lot ($15,514.30) (4) = $3,878.575 Non-distributal Costs Summarv: a) City Participation: $1,050.00 Special Storm Manhole - To allow for passage of upstream storm water. 830.00 San. Sew. Manhole - To allow for future mainline extentions. + 635.00 Storm Sew. Manhole - 'Contractual Service' Reconstruction. $2,515.00 Total City participation b) Individual Responsibility: $554.00 T.L. #3000 - Provision of extra service lateral + 37.50 T.L. #2900 - Provision of extra service "T" $591.50 Total Individual responsibility c) City participation + Individual responsibility = Nondistributal Costs ($2,515.00) + ($591.50) = ($3,106.50) Page 2 of 2 :i p5p COOF TIV WASHINGTON COUNTY•OREGON FDear The purpose of. this letter is to inform you of a public meeting to be held before the Tigard City Council at 8:00 p.m. on Monday, March 8, 1982, at Fowler Junior High, 10865 SW 11alnut Street, Tigard, Oregon, for the purp * of levying final assessments against properties within the assessment district boundaries of the Sw Knoll Drive. Sanitary Sewer Local. Improvement District (L.I:D. ) . An assessment roll showing the distribution procedure and the amount proposed to be assessed against 'each property within the district is enclosed. The purpose of this public meeting is to hear comments relative to the assess- ments proposed to be levied. If you cannot attend this public meeting, or do not wish to appear, you- may file a written objection with the City Recorder prior to the public meeting. Objections must state the reason for the objection The Council may (1) return the assessment roll to staff with or without recom- mendations, (2) change the assessment roll, or (3) approve the assessment roll as. proposed. The approved assessment roll will be levied against the properties within the district. In the probable event that the Council approves the assessment roll as proposed, or if the Council. changes the assessment roll, you will be mailed an Assessment Notice reflecting the Council's decision. Assessments are due and payable upon receipt of that Assessment Notice_ If you wish to pay the assessment in semi-annual installments, you must file an "Application for Installment Payment of Assessment" within 10 days of the date of the Assessment Notice. If you do not file this form within the pre- scribed time, you cannot pay the assessment in installments. An installment . application will be enclosed at that time. If you have any questions, please contact me at City Hall, 12755 SW Ash, Tigard, Oregon, or phone 639-4171. Yours truly, . Frank A. Currie, P.E. Director of Public Works cmv 12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 OWNERSHIP REPORT S.W. KNOLL DRIVE SANITARY SEWER LOCAL IMPROVEMENT DISTRICT TAX MAP FINAL TAX LOT NAME & ADDRESS ASSESSMENT 2S1-1BC Warren & Ann C. Craig 3,298.13 301 12360 SW Knoll Drive Tigard, OR 97223 400 Ivan & Betty Jack 3,298.13 12330 SW Knoll Drive Tigard, OR 97223 500 Monte & Kyong S. Snyder 3,298.13 12300 SW Knoll Drive Tigard, OR 97223 1300 Ray Paul & Fay Hass 3,298.13 12435 SW Knoll Dirve Tigard, OR 97223 1400 Knoll Drive Corporation 3,298.16 12360 SW Knoll Drive Tigard, OR 97223 1500 Portus & Sarah Williams 3,298.13 12390 SW Knoll Drive Tigard, OR 97223 1600 T.A. & Maxine Williams 3,298.13 12430 SW Knoll Drive Tigard, OR 97223 Chas. Houston & Esther Mayes 3,298.13 12450 SW Knoll Drive Tigard, OR 97223 TOTAL $26,385.07 METHOD: Total Cost + total lots = Cost per lot (26,385.07) ¢ (8) _ ($3298.1338 M/L) March 4 , 1982 MEMORANDUM To: Mayor and City Council From: Frank Currie , Planning Director Subject: ZOA 1-82 Public Hearing Since the Planning Commission did not finish their consideration of this issue at the 3-2-82 meeting, and continued it until their April meeting, staff would respectfully request that Council discontinue consideration of this matter at this time. March 3, 1982 MEMORANDUM TO: City Council FROM: Planning Director RE: Conditional Use Standards On March 2, 1982, the Planning Commission reviewed conditional use standard revisions proposed by staff. The Planning Commission will consider the standards for adoption in a public hearing at their regular meeting on April 6, 1982. At this time, we are submitting the staff's proposed revisions for conditional use standards for _ cur review. After the Planning Commission takes action on the standards we will ask the Council to approve a zone ordinance amendment establishing new conditional use standards. S - c � - O February 18, 1982 MEMORANDUM TO: Planning Commission FROM: Planning Departure , _. SUBJECT: 1. Revision of Section 18.72 - Conditional Use; 2. Revisions of Permitted and Conditional Uses in Each Zoning District; and 3. Definitions of Use Classification (ZOA 1-82) 1. In reviewing the existing procedures in Section 18.72 and numerous con- ditional use applications, staff found that it was necessary to incorporate review criteria in which to adequately evaluate and approve conditional use application requests. Additionally, the existing conditional use procedures are not in compliance with the recently revised and approved Administrative Procedures section of the Zoning Ordinance. The proposed conditional use criteria is divided into two types: the. first set of criteria are general in nature, and address the overall complince of the conditional use proposal with existing city policies and ordinances; the community need; and the project's overall impacts to the site; the physical systems (e.g. , sewer & water, etc. ) ; and the surrounding areas. The second set of criteria address the dimensional requirements for specific use types. For example, the lot area needed to adequately accommodates a school or hospital, etc. It is the intent of these criteria to ensure that the use proposed will be adequately located and sited on the property in a manner that will minimize any negative impacts on abutting properties. 2. Along with the proposed revisions to the conditional use section of the ordinance, staff found that it was necessary to consolidate and define what types of uses should be permitted outright and what use should be considered conditional uses. Currently, the Zoning Ordinance has a list of specific uses that are per- mitted outright and a list of those uses that are conditionally permitted. In many zones, the permitted uses and conditional uses are similar types of uses, causing inconsistencies in Tigard's land use administration. For example, in a C-3 zone sporting goods stores are permitted outright, yet, pet stores are only permitted conditionally. Both of the uses are general retail in nature, and the development standards, e.g. , parking & lot area requirements, etc. , are exactly the same. Staff is proposing to consolidate all of these specific uses into more general use type categories, e.g. , general retail or research services, which staff believes allows for more consistent and equitable land use decisions. Those uses that are compatible with other uses within the various zonir_ districts, yet will have more impacts on the surrounding area, e.g. , hospitals, etc. , are listed as conditional uses. Conditional Uses Page 2 3. To clarify these use types, staff is also proposing to include a Use Classification definition section within the Zoning Ordinance. This section will list each use type specified with any given zoning district, both permitted and conditional uses, and a definition with examples, when needed, of what sort of specific uses would be defining the general use type. Planning Commission Action: The three proposed text changes to the Zoning Ordinance require the Planning Commission's recommendation to the City Council. SECTION 18.72 CONDITIONAL USE 18.72.010 - Purpose 18.72.020 - Pre-Application Conference 18.72.030 - Application Procedures 18.72.040 - Authority and Planning Commission Action 18.72.050 - General Criteria for Conditional Use 18.72.060 - Standard Dimensional Requirements for Conditional Use 18.72.070 - Effective Period for Conditional Use Approval 18.72.080 - Modification 18.72.090 - Appeal 18.72.100 - Concurrent Application with Site Design Review 18.72.010 - Purpose Each zoning district excludes certain types of uses which are not permitted outright because of inherent characteristics which may have an adverse effect on the immediate area or the larger community. However, under certain circumstances, it may appropriate in a particular area, because of social or technical need, to permit these excluded uses, provided their potential adverse effects can be mitigated. It is the intent of this section to permit such uses where it is consistent with the Comprehensive Plan subject to procedures and criteria which are intended to mitigate potentially negative impacts. 18.72.020 - Pre-Application Conference In accordance with Section 18.84.030.02(b) , Pre-Application Conference, the applicant is required to meet with the Planning Director or his designee(s) for a pre-application conference prior to submitting an application for con- ditional use. 18.72.030 - Application Procedure An application for a conditional use shall be made by- the owner of the property, or his authorized agent, on a form prescribed by the Planning Director or his designee(s) , and shall be submitted to the Planning Office by 5:00 p.m. on the date prescribed by the Planning Director. f 18.72.031 - Application Information An application for conditional use shall include the following where applicable: Page 2 a. The applicant's and property owner's name, address and telephone number. b. A description of the land on which the proposed development is to take place by address, lot block, tract, or similar description. C. A site plan drawn to scale showing existing lot line dimensions, the location of all structures, accessways, pedestrian ways, land- scaped areas, service areas, fences, walls, and all parking, maneuvering, loading, and refuse areas. The site plan shall indicate all vehicle and pedestrian access points and the direction of traffic flow on the property as well as how utility service and drainage are to be provided. The site plan shall show proposed modifications to existing grades. The site plan shall also show the relationship of the site to adjoining properties, streets, alleys, structures, public utilities and drainageways. d. The exterior lighting plan, which may be shown on the site plan, indicating the location, size, height, typical design, material, color and method of illumination. e. Plans and elevations of structure(s) to scale indicating heights of structure, entrances and exits of proposed structures, as well as architectural drawings or sketches, including floor plans, in suf- ficient detail to permit computation of yard requirements. f. A landscape plan drawn to scale showing the location of existing trees and vegetation proposed to be removed and to be retained on the site, the location and design of landscaped areas, the varieties and sizes of trees and plant materials to be planted on the site, other pertinent landscape features, and irrigation systems required to main- tain plant material:. g. Data indicating square footage of site and structure, building coverage, landscaped area, amount of parking provided, building materials to be used with specifications as to type, color, and texture of exterior surfaces of proposed structures. h. Any additional information which may be required by the Planning Director to properly evaluate the proposed site plan. Such additional information may only be required where the need for it can be justified on the basis of special and/or unforeseen circumstances. The Planning- Director may also waive any of the above requirements where•he finds that the information required by this section is unnecessary to properly evaluate the proposal. i. No plan sheet shall exceed dimensions of 24 inches by 36 inches. Where necessary, an overall plan with subsequent detail sheets shall be submitted. j_ An applicable fee, in accordance with Resolution #79-7. 18.72.040 - Authority The Planning Commission shall hold a public hearing in accordance with the provisions of Section 18.84.070(b) and 18.84.100 for purposes of reviewing the Page 3 proposed conditional use. Following the close of the public hearing, the Hearings Officer shall approve, conditionally approve or deny the con- ditional use proposal. 18.72.041 - Findings In making its decision, the Hearings Officer shall consider the require- ments of this Ordinance and the policies of the Comprehensive Plan and other applicable policies and standards as adopted by the City, and it shall specify such considerations as findings in support of its decision in accordance with Section 18.84.100(d). 18.72.050 - General Criteria for Conditional Use A conditional use permit shall be issued by the Hearings Officer if it is determined to conform to the following criteria: a. The use requested would conform with maps, goals and policies of the Tigard Comprehensive Plan, and is listed as a conditional use in the underlying zoning district. b. The granting of the proposal would provide for a facility that is consistent with the overall needs of the community. c. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, existence of improve- ments and natural features. d. The site and proposed development is timely, considering the adequacy of transportation systems, public facilities and services existing or planned for the area affected by the use. e. The proposed use will not alter the character of the surrounding area in a manner which substantially limits, impairs, or precludes the use of surrounding properties for the primary uses listed in the under- lying zoning district. 18.72.060 - Standard Dimensional Requirements for Conditional Use Types A co:-!-;itional use shall comply with the standards of the zone in which it is located, or as otherwise provided in standards that follow. A conditional use permit shall not grant variances to the regulations otherwise prescribed by this Ordinance, unless such variance is applied for in same application. Standard Requirements: a. Schools I. Applicable zones: Single family residential multiple family residential. . 2. Minimum lot size: Elementary - 5 acres plus 1 acre per 100 pupils. Junior & Senior High - 10 acres plus 1 acre per 100 pupils. 3. Setbacks: Front and rear yards - 30 feet Sideyards - 20 feet Page 4 4. Height limitation: In accordance with Section 18_12.110. 5. Off-street parking requirements in accordance with Section 18.60.120(3)(d-f). 6. Loading and unloading school children as provided in Section 18.60.130. b. Religious Assembly and Accessory Uses: 1. Applicable zones: Single family residential, multiple family residential and general commercial areas. 2. Minimum lot size: 20,000 square feet. 3. Setbacks: Front yards - 30 feet Side and rear yards - 20 feet 4. Maximum lot coverage: 40%, structure only. 5. Minimum street frontage: 100 feet. 6. Height limitations: In accordance with Section 18.12.110. 7. Off-street parking required as set- forth in Section 18.60.120(3) (b) 8. Access and egress from street as set forth in Section 18.64. .c. Hospitals: 1. Applicable zones: Single family residential, multiple family residential and general commercial. 2. Minimum lot size: 20,000 square feet. 3. Setbacks: Front, side and rear yards - 25 feet_ 4. Height limitation: In accordance with Section 18.12.110. 5. Maximum lot coverage: 4076, structure only. 6. There must be primary access to the hospital from major ar- terial street. 7. Off-street parking required as set forth in Section 18.60.120(2) (b ) 8. Off-street loading berths are required in accordance with Section 18.60.140. d. Funeral and Interment Services (interring and cemetaries only) : 1. Applicable zone: Single family residential, multiple family residential and general commercial. 2. Minimum lot size: 5 acres. 3. Setbacks: Front, side and rear yard - 30 feet, for graves only. 100 feet for any structure. ; 4. Height limitation: 35 feet. 5. Adequate irrigation must be provided approved by the City Engineer. 6. Adequate fencing must be provided; located at least- 212 feet from any sideyard or right-of-way, outside visual clearance areas, and at least four feet in height. 7. Off-street parking requirements: exempt. e. Cultural Exhibit and Library Services: • 1. Applicable zones: Single family residential,. multiple family residential and residential commercial. 2. Minimum lot size: see applicable zone. 3. Setbacks: see applicable zone. 4. Height limitation: In accordance with Section 18.12.110. 5. Off-street parking in accordance with Section 18.60.120(3) (c) . f. Sports and Recreation (participant and spectator-general) : 1. Applicable zones: Single family residential, multiple family residential, general commercial. Page 5 2. Minimum lot size: 2 acres. 3. Setbacks: Structures on site must meet requirements of applicable zone. 4. Height limitations: In accordance with Section 18.12.110. 5. Off-street parking requirements: Exempt, unless they are con- structed in conjunction with another use, then parking shall compile to the requirements of that other use. g. Lodges, Fraternal and Civil Assembly: 1. Applicable zones: Multiple family residential and residential commercial. 2. Minimum lot size: see applicable zone. 3. Setbacks: see applicable zone. 4. Height limitations: . In accordance with Section 18.12.110. 5. Off-street parking: see Section 18.60.120(3) (b) . h. Day Care Center (6 or more children) : 1. Applicable zones: Single family residential, multiple family residential. 2. Height limitation: 35 feet. 3. Subject to site design review as set forth in Section 18.59. 4. Facilities that must be licensed with the state in accordance with ORS 418.805 - 418.885. 5. Off-street parking: Section 18.60-120(3) (d) . JL. Major Impact Services and Utilities and Minor Impact Utilities: I. Applicable zones: . single family residential, multiple family _ residential, general commercial, highway commercial, liFht, and heavy industrial. 2. Minimum lot size: 5000 square fecsr:j 3. Setbacks: see applicable zone. 4. Height restrictions: In accordance with Section 18.12.110. 5. Off-street parking and loading requirement: see Section 18.60 for applicable use. 6. Screening and site design review in accordance with Sections with Section 18.12.080 & 18.59. J. Heliports: In accordance with the ODOT Aeronautics Division requirements and the FAA recommended design guidelines. k. Fuel Sales: 1. Applicable zones: general commercial, commercial/residential, highway commercial, light industrial, heavy industrial. 2. Minimum lot size: 10,000 square feet 3. Setback: front yard - 40 feet rear and side yards - none, except where the use abuts a residential zonethen 15 feet with screening. 4. Fuel tank installation: In accordance with Section 18.12.120. 5. Height limitation: see applicable zone. 6. Off-street parking and loading requirement: see Section 18.60. { 7. Landscaping and site design review in accordance with Section 18.12.0£30 & 18.59. Page 6 1. Parking Services: 1. Applicable zones: all zoning districts. 2. Minimum lot size: 5000 square feet. 3. Minimum setbacks: for structures - see applicable zone. for parking area - 5 feet. around perimeter of paved area for landscaping and screening purposes. 4. Height limitations: see applicable zone. 5. Off-street parking requirements: see Section 18.60 for applicable use. 6. Screening and site design review in accordance with Sections 18.60.200 & 18.59. m. Automobile and Equipment, Sales and Rental: equipment and repair - light 1. Applicable zone: general commercial. 2. Minimum lot size:• see applicable zone. 3. Minimum setbacks: see applicable zone, and a 5-foot landscaping strip between right-of-way line and auto display area. 4. Height limitation: see applicable zone. 5. Off-street parking and loading requirements: see Section 18.60 for applicable use. 6. Screening and site design review in accordance with Sections 18.12.080 & 18.59. n. Eating and Drinking Establishments with Drive-through Facilities: 1. Ap{lcable zone: general commercial, residential• commercial. 2. Mi4;�;:aum lot size: see applicable zone. 3. Minimum setbacks: see applicable zone. 4. Height limitations: see applicable zone. 5. Off-street parking and loading requirements: see section 18.60 for applicable use. 6. Site design review in accordance with Section 18.59. 18.72.070 - Effective Period for Conditional Use The decision of the Planning Commission shall become effective in accordance with Section 18.84.240. 18.72.071 - .Conditional Use Approval Conditional Use approval shall be effective for a one-year period from the date of approval. In the event that the developer has not commenced the conditional use or phases thereof, prior to the expiration of the established effective period, all approvals are null and void. At its discretion and for a good cause, the Hearings Officer may extend the effective period. 18.72.080 - Modification A request to modify an existing conditional use permit beyond 20% of the standards prescribed in Section 18.72.060, (a major modification), shall be processed . through the variance procedure. Minor modifications of an existing conditional use permit may be approved by the Planning Director. Written re- quests for a minor modification shall include the following: Page 7 a. A site plan which shows any proposed modification. b. A narrative which explains the applicant's justification for those modifications. c. Any other information required by the Planning Director. 18.72.090 - Appeal The decision of the hearing authority may be appealed in accordance with the provisions of Sections 18.84.250 - 18.84.310 and Resolution 79-9- 18.72.110 - Concurrent Application with Site Design Review In accordance with Sections 18.59 and 18.84.060 of the Zoning Ordinance, the applicant may apply for Site Design Review concurrent with any conditional use application. SINGLE FAMILY RESIDENTIAL 'ZONES R-30, R-20, R-10, R-7, R-5 Section 18.20.010 - permitted Uses (1) Residential Use Types - Single family dwelling each on a separately described lot*of record. (2) Accessory Use Types - Horticultural and agricultural uses (personal use) ` a. no retail or wholesale business sales conducted on site_ - Normal household pets only (e.g., dogs, cats) Sports and Recreation (personal use) - Home.Occupations, in accordance with Section 18.25.250. _ Section 18.20:020 - Conditional Uses - Duplex residential, with a minimum lot of ten thousand square Feet, o duplex per lot; or two single family units with a minimum lot- area o "'e f;a.ve thousand square feet -per unit. In the event it appears that it is not practical to divide a legal lot into two lots of five thousand square feet each, the planning director may approve the division notwithstanding t:he fact that one lot is less than five thousand square feet; provided, how- ever, that no such lot shall be smaller than four thousand two hundred fifty square feet; Cemeteries; - Churches and accessory uses; - Colleges; - Community buildings (public) ; - Governmental structure or land use including public park, playground, recreation building, fire station, library or museum; convalescent home; - Hospital, sanitarium, rest home, home for the aged, nursing home or Heliports, in acorclance with the Aeronautics Division (ODOT) ,;d - Railroad right-of-way; the FAA. . -- Schools Nursery, primary, elementary, junj-or high or senior- high, co33.ego or university, private, parochial or public; DSajox impact services and utilities Golf course, country club Children's day care. (Ord. 80-36 Exhibit A(part) , 1980: Ord 79-92 §2, 1979; Ord. 79-45 §1(part) , 1979= Ord. 77-90 §4, 1977= Ord 74-5 §1, 3.974; Ord. 70-32 §110-2, 1970) ; - Parking services. 3 CHAPTER 18.24 MULTIPLE FAMILY ZONES A-12, A-20, A-40 18.24.010 - Permitted Uses (1) Residential Uses Types - Single family attached dwelling unit or townhouses - Duplex - Attached Multiple dwelling -Mobile Home (Subdivision or Planned Development and Pa or more rks if S acres ) (2) Accessory Use Types Horticultural and agricultural uses (personal use) a. no retail or wholesale business sales conducted on szte.. -- Normal household pets only (e.g.,. dogs, cats) Sports and Recreation (personal use) ' Rome-Occupations, in accordance with Section 18.25.250- (3) Civil Use Types - Community recreation - Public safety services 18.24.020 - Conditionals Use (see Section 18.72 & 18.84) - Cemeteries - Churches and accessory uses - Colleges Community buildings (public) - Governmental structure or land use including public park, playground, recreation building, fire station, library or museum - Hospital, sanitarium, rest home, home for the aged, nursing home or . convalescent home - Railroad right-of-way - School: nursery, primary, elementary, ,junior high or Senior high, college or university, private, parochial or public - Golf course, country club - Children's day care. (Ord. 80-36 Exhibit A(part) , 1980: Ord 79-92 §2s 1979; C -d. 79-45 §l(part), 1979: Ord. 77-90 '§4, 1977: Ord. 74-5 §1, 1974; Ord. 70-32 §110-2, 1970) - Parking services - -- Minor impact utilities CHAPTERS 18_28 & 18. 30 GENEIZAL COMMERICAL C-3 , C-3M Section 18.28.010 - Permitted Uses (1)Commercial Use Types - Professional and administrative services - Business support services - Financial and real estate services - Food and beverage retail sales - General retail sales -- Medical and dental services • - Convenient sales and personal services Repair services - consumer - Transcient habitation - Eating and drinking establishments -- Animal sales and services - a. grooming b. veterinary - small animals . - - Participation sports and recreation - indoor .(2) Civic Use Types . -Administrative services -- Cultural exhibits and library services _ Lodge, fraternal and civic assembly - Postal services - Public safety services Section 18.28.020 - Conditional Uses See Section 18.72 --Major impact services and utilities -- Eating and drinking establishments with drive through facilities -- Fuel sales- - ales--- Parking services - Sports and recreation (participant and spectator general) - t - Hospitals - Heliports , in accordance with the Aeronautics Division oan) the - Religious assembly and accessory uses FAA; - Automobile and -equipment a. Sales and rental - light equipment CHAPTER 18.3 2 RESIDENTIAL COMMERICAL C-4 Section 18.32.010 - Permitted Uses (1) Civic Use Types - AdministraLive Services - Postal services - Public safety services (2) Commercial Use Types - Convenience sales and personal services . -- Food and beverage retail sales —Laundry services - Professional and administrative services Repair services - consumer . - Retail sales - general Section 18.32.020 - 'Conditional Use See Section 18.72. - Cultural exhibits and library services. Eating and Drinking establishments - all - Fuel sales - Hospitals - Lodge, fraternal and civic assembly - Major impact services and utilities - Religious assembly and accessory uses. Heliports, in accordance with the Aeronautics Division the FAA . (ODOT) ai: C1[APTER 18 -36 .-RIC-BAY CO,MMERICAI,_• <Section 18-36.01.0 - Permitted Uses� (1) Civic Use Types - Administrative services - Clinic services - Cultural exhibits and library services - Lodges, fraternal, and civic assembly - Parking services - Postal services - Public safety services - (2) Commercial Use Types - - Agricultural sales : - Animal sales and services: a. Grooming •b. _Kennels C.. Veterinary - large-and small animals Automotive and Equipment: a. Cleaning b. Fleet Storage c. Parking d. Repairing, Light Equipment e.' . Sales/Rental: Farm Equipment f. Sales/Rental: Heavy Equipment g. Sales/Rental: Light Equipement - Building maintenance services - Business equip ment sales and services ' - Business support services - .Communication services - Construction sales and service - Convenience sales and personal services - Eating and drinking establishments - all use types - Financial, insurance, and_ real estate services - Food and beverage sales - Fuel sales - Funeral and interment services: a. Undertaking Laundry services - Medical services - Participant sports and recreation: a. Indoor and outdoor - Personal services - general - Professional and administrative services - Repair services - consumer - Retail sales - general - Spectator sports - entertainment, limited - Swap meets - Transient habitation - lodging - Wholesaling, storage and distribution: a. _ Mini-warehouses .Light (3)Industrial' Use Type 1Limited manufacturing Section 18.36_020 - Conditional I1seS SPP Section 7 ' 7 - Major impact services and utilities - Heliports, inaccordance with the Aeronautics Division (ODOT) and the FAA CHAPTER 18.44 t HEAVY INDUSTRIAL `LOQ?E (M-2) 18_44.010 - Permitted Uses (1) Civic Use Types -- Parking services -- Public safety services - Minor impact utilities Major impact services. and utilities (2) Commercial Use Types Agricultural sales - Agricultural services Kennels Auctioning •- Automotive and equipment .. Fleet storage = Repairs: light, heavy -' Building maintenance services -' Construction sales and services -- Eating and drinking establishments (when related to the other heavy industrial uses) Explosive storage -- Fuel sales -- Laundry services ' -- Research services ` - Wholesaling, storage and distribution Mini warehouses . -Light Heavy Scrap operations (3) Industrial Use Types -. Light industrial - Heavy industrial (4)Extractive Use Types Mining and processing 18.44.020 - Cond:i.t _onal nseG (Gee cection 18.72) - Heliports - e i CHAPTER 18.48 LIGHT INDUSTRIAL 'LONE (M-3) 18.48.010 - Permitted Uses (1) Civic Use Types - Parking services - Public safety services ' (2) Commercial Use Types - Agricultural sales •- Agricultural services - Animal sales and services ' Kennels Auctioning Automobile and equipment Fleet storage Repairs Sale and rental - Building maintenance services - Construction sales and service -"-Laundry services -- Research services -- Fuel sales - Wholesaling, storage, and distribution ' Mini warehouse • - Light (3) Industrial Use Type - Light industrial 18.48.020 - Conditional Uses (See Section 18.72) Heliports Major impact services and utilities Minor impact utilities CHAPTER 18_52 INDUSTRIAL PARK. ZONE (f•I-�! 18.t�8.010 - �'ermitLed Uses _ (1) Civic Use Types ' Parking services - - Public safety services (2) Commercial Use Types - _ Agricultural sales Agricultural services - - Animal sales and services Kennels Auctioning -.Automobile and equipment Fleet storage Repairs Sale and rental - Building maintenance services Business support services Construction sales and services Essential services -- Laundry services Research services -- Fuel sales Wholesale, storage and distribution Mini warehouse Lightwhen incidental to Eating and drinking establishments, only the permitted primary use. - Personal services, only when ..incidental to the permitted primary use. Professional and administrative services (3) Industrial Use Type ' Light industrial 18.48_020 - Conditional Uses (See Section 18 -72) _ - Heliports - Major impact services and utilities - Minor impact utilities SECTION 18.17. - USE CLASSIFICATIONS 18.17.010 - General Intent of Use Classifications 18.17.020 - Listing of Use Classification 18.17.030 - Classification of Uses 18.17.040 - Classification of Combination of Principal Uses 15.17-010' - General Intent of Use Classifications The provisions of Section 18. 17 shall be known as the Use Classifica- tions. The purpose of these provisions is to classify uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics, thereby providing a basis :for the regulation of uses in accordance with criteria which are directly relevant to the public interest. These provisions shall apply through- out the• Land Development Code. 18.17.020 - Listing of Use Classifications All uses are hereby classified into the following use types: -RESIDENTIAL USE TYPES Residential use types include 'the occupancy •of living accommoda- tions on a wholly or primarily nontransient basis. They also in- clude' certain development accessory to the above , as specified ire Section 303, Accessory Development Regulations. a. Family Residential Refers to the residential occupancy of living units by iEamilies and excludes transient habitation and group care. b. Group Residential Refers to the residential occupancy of living units by groups of••more than 5 persons who are not related _by blood, marriage, or adoption, and where communal kitchen/dining facilities .are provided. Typical uses include occupancy of fraternity and . sorority houses, retirement homes, boarding houses, cooper- atives, halfway houses, and intermediate care facilities but excluding group care facilities as specified below. Group Residential/Group Care Refers to services provided in facilities authorized, certified , or licensed by the State to provide board, room, and personal care to seven or more physically dis abled , mentally disordered , handicapped persons, or dependent or neglected children; or in facilities auth ized to provide supervisory or day-care services to seven or more persons, but excluding those uses classified under Major Impact Services and Utilities and where com- munal kitchen/dining facilities are provided. Typical uses include halfway houses and intermediate care facilities, or day care centers. C. Mobile Home Residential Refers to the residential occupancy oC mobile homes. Typical uses include mobile home parks, subdivisions, or mobile home condominiums. (7) CIVIC USE TYPES Refers to the performance of utility, educational, recreational, cultural, protective, governmental, and other uses which are strongly vested with public or social importance. They also include certain development accessory to the above, as specified in Section 303, Accessory Development .Regulations._ a. Administrative Services Refers to consulting , record keeping, clerical, or public contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles, and excludes commercial use type, "professional and Admini- strative Services. " Typical' use types are associated with governmental offices. b. Community Recreation Refers to recreational, social , or multi•-purpose uses typically associated with .parks, -playfields, golf courses, ol( community recreation -buildings:. C. Cultural Exhibits and Library Services Refers to museum-like. preservation and exhibition of objects in one or more 'of the arts and sciences, gallery- exhibition of works of art, or library collection of books, manuscripts, etc: , for study and reading. d. Essential Services Refers to services which are necessary to support principal use type development and involves only minor structures such as lines and poles, phone booths, fire hydrants, as well as bus stops, benches, and mailboxes, which are necessary to sup- port principal development. e. Lodge, Fraternal, and Civic Assembly Refers to meetings and activities primarily conducted for their members. Excluded from this use type are uses class- ified as group residential, group care , and transient habita-- tion (all types) . Typical uses include meeting places for civic clubs, lodges, or fraternal or veteran organizations. f. Major Impact Services and Utilities Refers to services and utilities which have substantial. impact. Such uses may be permitted in any district when the public interest supercedes the usual limitations placed on land use and transcends the usual restraints of the district for reasons of necessary location and community wide interest. Typical places or uses are sanitary landfills, air- ports, idetention and correction institutions, mass transit waiting stations or turnarounds, land includes spectator sports and entertainment with a capacity for 300 or more such as large exhibition halls or sports stadiums; and excludes University services and facilities. g. Minor Impact Utilities Refers to public utilities which have a local impact on sur-- rounding properties -and are necessary to provide essential. services. Typical uses are electrical and gas' distribution - substations, and radio, microwave, and telephone. transmitters. h. Parking Services. Refers to parking services involving garages and lots. i. Postal Services ' Refers to mailing services and processing as traditionally operated or leased by the United States Postal Service and includes United Parcel Service facilities. j .. Public Safety Services Refers to the providing of protection by a district or entity pursuant to Fire, Life, and Safety Code Sections together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations, police - stations, ambulance services. k. Religious Assembly " Refers to religious services involving public assembly such as customarily occurs in synagogues, temples,- and churches. 1. University Services and Facilities Refers to services and facilities customarily associated with a major university. Typical uses include housing facilities classrooms, research services, recreational amenities, an- parking facilities. (3) COMMERCIAL USE TYPES Commercial use types include the distribution and sale or rental or-- goods; and the provision of services other than those classified as Civic Uses. a. Agricultural Sales Refers to sale from the premises of feed, grain, fertilizers, pesticides, - and similar goods. Typical uses include nur- series, hay, feed, and grain stores. b. Agricultural Services Refers to establishments or places of business engaged in the provision of agriculturally related . services with incidental. storage . on lots other than where the service is rendered . Typical uses include crop dusting or .tree service firms. C. Animal Sales and Services _Refers to- establishments or places of business primarily en--- gaged in animal related sales and services. - The following- are animal sales and services use types: Jf .. Animal Sales and Services: Auctioning. Auctioning ot`. livestock on a wholesale or retail basis with incidental_ storage of animals produced off property not exceeding a 48-hour period. Typical uses include animal auctions or livestock auction yards. 2. Animal Sales and Services: Grooming. Grooming of dogs, cats, and similar small animals. Typical uses include dog bathing and clipping salons or pet grooming shops. 3. Animal Sales and Services: Horse Stables. Boarding, reeding, -err rales-inq of horses not owned by the occupants of the premises or riding -of horses by other than the occupants of the premises or their nonpaying guests. Typical uses include boarding stables or public stables. 4. Animal Sales and Services: Kennels. Kennel services for dogs, - cats, and similar small animals. Typical uses include boarding kennels or dock training centers. 5. Animal Sales and Services: Stockyards. Stockyard ser- vices involving the temporary keeping of transient live- stock for slaughter, market, or shipping. Typical uses include stockyards or animal sales yards. 6. Animal Sales and Services: Veterinary (Large Animals) . Veterinary services for large animals. Typical uses include animal hospitals (large animals) or veterina hospitals (large animals) . 7. Animal Sales and Services: Veterinary ( Small Animals) . Veterinary services for small animals. Typical uses include pet clinics, clog and cat hospitals, or animal hospitals (small animals) . d. Automotive and Equipment Refers to establishments or places of business primarily en- gaged in motorized vehicle-related sales or services. The following are automotive and equipment use types: 1. Automotive and Equipment: Cleaning. Washing and polishing of automobiles. Typical uses include auto laundries or car washes. . 2. Automotive and Equipment: Fleet Storage. Fleet storage of vehicles used regularly in business operation and not available for sale -or long term storage • of operatinq vehicles. Typical uses include taxi - fleets, mobile- catering truck storage, or auto storage garages. 3. Automotive and Equipment: Parking. Parking of motor : vehicles on a temporary basis within a privately owned off-street parking area with or without a fee. Typical uses include commercial parking lots or garages: 4. Automotive and Equipment: Repairs, Heavy Equipment. Repair of trucks, etc. , as well as - the sale,. installa- tion, - or servicing of automotive equipment and parts together with body . repairs, painting, and steam cleaning. Typical uses include truck transmission shops, body • shops, or motor freight maintenance groups. 5.- Automotive and Equipment: Repairs, Light Equipment. Repair of automobiles and the sale, installation, and servicing of automobile equipment and parts but excluding body repairs and painting. Typical .uses include muffler shops, auto or motorcycle repair garages, or auto glass shops. 6. Automotive and Equipment: Sales/Rentals, Farm Equipment. Sale, retail or wholesale, and/or rental from the premises of farm equipment together with incidental maintenance. Typical uses include farm equipment dealers. 7. Automotive and Equipment: Sales/Rentals, Heavy Equipment. Sale, retail or whole-sale, and/or rental_ from the premises of heavy construction equipment, trucks, and i aircraft together with incidental maintenance. Typical `. • . uses inclurle aircraft dealers, boat dealers, heavy con- struction equipment dealers, or tractor trailers. $. Automotive and Equipment: Sales/Rentals, Light TE.quitpment. Sale, retail or wholesale, and/or rental from the premises of autos, noncommercial trucks, motorcycles, motorhomes, and trailers with less than a 10,000 gross cargo weight together with incidental maintenance. Typical uses include automobile dealers, car rental agencies, or recreational vehicles rales and rental agencies. g. Automotive and Equipment: Storage, Nonoperating Vehicles. Storage of nonoperating motor vehicles. Typi-- • cal uses include storage of private parking towaways or impound yards. 10. Automotive - and Equipment: Storage, Recreational Vehicles and Boats. Storage of recreational vehicles and boats. Typical uses include the collective storage of personal recreational vehicles or boats. e. Building Maintenance Services Refers to establishments primarily engaged in the provision of maintenance *and ' custodial' services * to f firms rather than indi- viduals. -Typical uses include janitorial , landscape mainte � nance, or window cleaning services. f. Business Equipment Sales and Services Refers to establishments or places of business primarily en-- gaged in the sale, rental ; or repair of equipment 'and supplies used by off ice, professional, and service establishments to the firms' themselves rather than to individuals, but excludes automotive, construction, and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops, or hotel equipment and supply firms . g. Business Support Services Refers to establishments primarily engaged in the provision of: services "of a clerical, employment, protective, or minor pro- cessing nature to firms rather than individuals and where the storage of goods other than samples is prohibited. Typical uses i.nclude secretarial services, telephone answering ser- vices, or blueprint services. h. Communications Services Refers to establishments primarily engagea in the provision of- broadcasting and other information relay .services accomplished through the use of electronic anri telephonic mechanisms but( It excludes those classified as Major Impact Services and t t Utilities. Typical uses include television studios, t(.le- 3` communication service centers, or telegraph service office: i. Construction Sales and Services Refers to establishments or places of busines primarily en- gaged in construction activities and incidental storage on lots other than construction sites as well as the retail or wholesale sale, from the premises, of materials used in ti:. construction of buildings or other structures other than retail sale of paint, fixtures, and hardware; but excludes those classified as one of the Automotive and Heavy Equipment use types. Typical uses include building materials stores, tool and equipment rental or sales, and building contracting/ construction offices. j . Convenience Sales and Personal Services Refers to establishments or places of business primarily eii=- . .gaged in the provision of frequently or recurrently needed small personal items or services. These include various general retail sales and -personal services of an appropriate size and scale. to meet the above criteria. ' Typical uses include neighborhood grocery, drug stores, laundromat/dry cleaners,. or barbershops. k. Eating Establishments Refers to establishments or places o£ business primarily en- gaged in the sale of prepared food and beverages for on- premise consumption. The following are eating establishment use types: Fast Order Food Establishments: An establishment whose primary business is the sale of food which is a) pri- marily intended for immediate consumption; b) available upon a short waiting time; and c) packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold, but excluding drive-in fast order food establishments. Fast Order Food Establishment - Drive-in: A business establishment so developed that its retail or service character is dependent on providing a driveway approach so as to serve patrons while in the motor vehicle, or within a building on the same premises and devoted to the same purpose as the drive-in service. Easting Bstablishment - Sit-down : An establishment whose primary business is the sale of food which is prepa- i and served in such a manner that it is generally consujI,_.j on the premises, and typically does not have a rapid turnover of clientele. 1 . Explosive Storaqe Refers to the storage of any quantity of explosives in accord- ! ance with ORS 57. 21. Typical uses include storage in the course of manufacturing , selling, or transporting explosives or in the course of blasting operations. M. Financial , Insurance, and Real Estate Services Refers to establishments primarily engaged in the provision of financial, insurance, real estate, or securities brokerage services. Typical uses include banks, insurance agencies, or real estate firms. n. Food and Beverage Retail Sales Refers to establishments or places of business primarily en'- gaged in the retail sale of food and beverages 'for home con- sumption. Typical uses include groceries or delicatessens. o. Funeral and Interment Services Refers to. establishments .primaril_y engaged in the provision of services involving the care, preparation, or disposition of human (lead . The following are Funeral and interment services use types: . 1. Funeral and Interment Services: Cremating. Cremator( services involving the puri icata.on and reduction of the human body by fire. Typical uses include crematories or_ crematoriums. . 2. Funeral and Interment Services: Interrinq. Interring services involving the keeping of human bodies other than in cemeteries. Typical uses include columbariums or mausoleums. 3. Funeral and Interment Services: Undertakinq. Under.- taking services such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral homes or mortuaries. 4. Funeral and Interment Services : Cemeteries. P_ Fuel _Sales Refers to establishments or places of business primarily en- gaged in the retail sale, from the premises, of petroleum products with incidental sale of ' tires, batteries, an6 replacement items, lubricating* services, and minor repair _ services. Typical uses include automobile service stations, filling stations, or truck stops. cl. Laundry Services • Refers to establishmentsrimaril in the T� Y enq a ed�! provision of laundering , dry cleaning, or dyeing services other than those classified as Personal Services, General . Typical uses include laundry agencies, diaper services, or linen supply services. r. Medical Services Refers to establishments primarily engaged in. the provision of personal health services ranging from prevention, diagnosis and treatment, or rehabilitation services provided by physicians, dentists, nurses, and other health personnel as well as the provision of medical testing and analysis services, but excludes those classified as any civic use or group residentia"(group care) use type. Typical uses include medical offices, dental laboratories, or health maintenance organizations. S. Participant Sports and Recreation Refers to establishments or places primarily engage;l in the provision of sports or recreation by and for participants. Any spectators would be incidental and on a nonrecurring basis. The following are participant sports and recreation use types ( for either general or personal use) : 1. Participant Sports and Recreation: Indoor. Those uses conducted within an enclosed building, Typical uses -include bowling alleys, billiard parlors, swimming pools, or physical fitness centers. 2. Participant Sports and Recreation: Outdoor. Those uses conducted in open facilities. Typical uses include driving ranges, miniature golf courses, or swimming pools. t. Personal Services, General Refers to establishments primarily engaged in the provision of informational, instructional, personal improvementr and similar services of a nonprofessional nature but excludes services classified as Spectator Sports and Entertainment, Participant Sports and Recreation, or Transient Habitation. Typical uses include photography studios, driving schools, or reducing salons. u. Professional and Administrative Services Refers to offices of private firms or organizations which are primarily used for the provision of professional, executive, management, or administrative services . Typical uses include administrative offices, legal offices, or architectural firms. V. Repair Services, Consumer Refers to establishments primarily engaged in the provision of repair services to individuals and households rather than Eirms, but excluding Automotive and Equipment use types . Typical uses include appliance repair shops, apparel repair firms, or musical instrument repair firms. W. Research Services Refers to establishments primarily engaged in - research of an industrial or scientific nature which is generally provided as a service or which is conducted by and for a private firm, but excludes medical testing and analysis, and product testing. Typical uses include electronics research laboratories, environmental research and development firms, or pharma- ceutical research labs. X.- Retail Sales, General Refers -to the sale or rental of commonly used goods ,-- and mer- chandise for personal or household use, but excludes those classified as Agricultural Sales, Animal Sales and Services, Automotive and Equipment, Business Equipment Sales an(:1 _ . Services, Construction Sales and Services, Food and 13eve)-.age Retail Sales, Gasoline Sales, and Swap Meets. Typical uses include .department stores, apparel -stores, or furnitul � stores. Y. -Scrap Operations . Refers to places of business primarily engaged in the storage , sale, dismantling, or other processing of used , source separ- ated, or waste materials which are not intended for reuse in their original form. Typical uses include automotive wrecking yards, . . junk yards, paper salvage yards, or recycling facilities. �. Spectator Sports and Entertainment Refers to establishments or places primarily engaged in tl)e provision of cultural, entertainment, athletic, and other* to spectators as well as those involving social fraternal gatherings. The following are spectator sorts or and entertainment use types: p I. Spectator Sports and Entertainment; Limited. Those uses conducted withi-n an enclosed building with a capacity of 299 or less people. Typical uses include small theaters or meeting halls. 2. Spectator Sports and Entertainment:- Other. Designate' as a Major Impact Facility and Service use type„ aa. Swap Meets Refers to the display, exchange, barter, or sale of new or used common household items or office equipment and fur- nishings, provided that such activity being carried on is not a temporary use. Typical uses include flea markets where. clothing, personal effects, household furnishings, and house- hold appliances are sold or otherwise exchanged. bb. Transient Habitation Refers to establishments primarily engaged in the provision of lodging . services on a temporary basis with, incidental food, drink, and other sales and services intended for the con- venience of guests. The following are transient habitation use types: 1. Transient Habitation: Campground. Campground services involving transient habitation areas for travelers in recreational vehicles or tents. Typical uses include recreation vehicle parks. 2. : Transient- Habitation: Lodging. Lodgi-nq services in--: volving the provision of room and/or board. Typical uses include hotels, motels, or transient boarding houses. cc. Wholesale, Storage, and Distribution Refers to establishments or places of business primarily en-- gaged in wholesaling, storage, distribution, and handling of materials and equipment other than live animals and plants. The following are wholesaling, storage, and distribution use types: 1. wholesaling, Storage, and Distribution: Mini-- Warehouses. Storage or warehousing service within a building(s) primarily for individuals to store personal effects and by businesses to store materials for oper- ation of an industrial or commercial enterprise located . elsewhere. Incidental uses in a mini-warehouse may include the repair and maintenance of stored materials by the tenant but in no case may storage spaces in a mini-- warehouse - facility function as an independent retail, wholesale, business, or service use. Spaces shall not be used for workshops, hobbyshops, manufacturing, Or similar uses and human occupancy of said spaces shall be limited to that required to transport, arrange, and maintain stored. materials. 2. Wholesaling, Storage, and Distribution : Light. Who. _ Ealing, storage, and warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses, or moving and storage firms. 3. Wholesaling , Storaqe, anr3 Distribution : Meavy. Open-aiz� storage, distribution, and handling of materials an..- equipment. n:.equipment. Typical uses include monument or stone yards, -o- grain elevators. (4) - INDUSTRIAL USE TYPES industrial use types include the on-site production of goods by methods not commercial, agricultural, or extractive in nature. b. Light Industrial - - Refers to the: - -Production, processing, assembling, Packaging, or treatf ment of food products from previously. processes? . materials; or . . Production, processing, assemblinq, and packaginq of finished products from previously prepared -materials; or. Manufacturing and *assembly of electronic instruments an:a equipment and electrical devices. . C. _ Heaves. Industrial Refers to the manufacturing, processing,. Or assemblinq of semi--finished or finished products from- raw materials. (5) 'AGRICULTURAL USE TYPES Agricultural use types include 'the on-site production of plant ana animal products by agricultural methods. a. Animal Husbandry Refers to the raising and breeding of livestock. b. Animal Waste Processing `' �• Refers to the processing of animal waste and by-products, including, but not limited to, animal manure, animal beddinc-j waste, and similar by-products of an animal raising agri.- cultural operation, for use as a commercial fertilizer or soil amendment and including composting For commercial purposes. C. Aquaculture 'Refers to' the premises primarily devoted to aquacultural research and specialties. d . "Horticulture Refers to premises primarily devoted to horticultural and floracultural specialties such as flowers, shrubs, and trees intended for ornamental or landscaping purposes. The fol- lowing are horticulture use types: 1. * Horticulture: Cultivation. Cultivation of plants. 2. Horticulture: Storage. Storage of plantsr primarily *in containers. e. Packing and Processing Refers to packing or processing of agricultural crops, animals, and their by-products which entails - more than picking, cutting, sorting, and boxing or rating but. does not include canning, rendering, tanning, or reduction of meat. The .following are packing and processing use types: 1. . Packing and Processing: Limited. Packing or Processing of crops grown on the premises. 2. Packing and Procgssing: General. Packing or processing of crops, animals, or their by-products regardless of- where they were grown. €. Row and Field Crops Refers to premises primarily devoted to the cultivation Of agricultural products grown in regular or scattered patterns such as vines, field, forage, and other plant crops intended to provide food or fibers. q. Tree Crops Refers to premises primarily devoted to the cultivation f_or. personal use of tree-grown agricultural products such as _ orchards for applies and cherries. (6) - EXTRACTIVE USE TYPES Extractive use types include the on-site production of minerar products by extractive methods. a. Mining and Processing Refers to places or plants primarily devoted to surface or subsurface mining of metallic and nonmetallic minerals, oil, or gas together with essential on--site processing and Produc- tion of . only nonmetallic mineral products. Typical places ai:e- borrow pits, oil and gas drilling rigs, or concrete batch plants. 18:17.030 - Classification of Uses Uses will- be classified into use types based upon the description of - the use types and upon common functional, product, or compatibility characteristics with other uses already clas- sified within the- use type. ' A list- of common uses and the use typzs into which - they are classified shall be ' maintainedby the Planning Director. . The Planning Director shall* have the authority to classify common uses according to use type. The classification of a use is su)D- ject to the right of appeal in accordance with the provisions of Section 184.84.150, lfi.�-7.n40 Classification of Combination of Principal Uses The following ..rules shall apply where a lot " contains ' Uses- which re- semble two -or more different use types and which are not classified either special -development or as accessory uses _ a. Separate Classification of • Several Establishments. The principal uses conducted on a lot or development site by two or. more , indi- vidual establishments, managements, or institutions shall- be clas- sified separately into use types. b. Classification of Different Uses Conducted by Individual Establishment. If principal uses conducted on a lot or development site by an individual establishment, management, or :i»stitution resemble two or more different use types all such principal use's shall be classified in the use types whose description most closely portrays the nature of such uses. 1 March 3, 1982 MEMORANDUM TO: City Council FROM: Planning Director On March 2, 1982, the Planning Commission heard an appeal on St. Anthony's Kelly Center. The applicant objects to conditions for public improvements placed on the project by the Planning Director. The Planning Commission voted unanimously to forward the issue to the City Council with the following recommended conditions: 1. 99W ingress/egress be eliminated and moved to SW Johnson Street. Plans for these changes shall be reviewed by the Public Works Director. 2. St. Anthony's Church shall petition the City of Tigard to form a Local Improvement District for the improvement of SW McKenzie Street, and SW Grant Avenue. Improvements to SW Johnson shall be considered with approval for Phase 2 of this project. 3. Applicant shall submit detailed parking computations to the Planning Director. Note the "improved" conditions of each existing parking lot. Reference the Tax Lot and existing use in relation to Code Parking Re- quirements. Conditions 4 through 9 remain as recommended by staff. 7 REVISED FINAL ACTION STArY R=PORT r TI%ARD PLINNIZIG DEFART4ENT 12420 S.W- Main Street, TigardC® RD M� OA- DECEMBER 14, 1981 WASHINGTON COUNTY.OREGON DOCKET: St. Anthony's Kelly Center SDR 26-81 APPLZC_`NT: Larry D. Nicholson, Architect for St. Anthony's Church 113 S.W_ Front Avenue Portland, Oregon 9:204 SITE LOCATION: 9905 S.W. McKenzie NPO 3t 2 Washington County Tax Map 2S1 2BD lot 100, 200, 300 S 400 SITE DESIGNATION: A-12 Multi-Family Residential on the Comprehensive Plan. Churches and Schools are Conditional Uses in the A-12 zone. Lots 100, 300 and 400 are designated C-5 Highway Commercial on the Comprehensive Plan Map. Proposed development i.12. take place only on Tax lot 200. PP_RKING REQUIREMENTS: Adequate parking exists. on site. SIAFF COMI-ENTS: The City Council policy is to require half-street improvements as a condition of all development. In this case the Church o"ms cczsiZsrable property abutting public streets, all of which are substandard. I;: a Isocal Improvement District is formed in the area surrounding this project it ootid �1- possible to make full street improvements to S.W. Johnson Street, S.W. Grant avenue and S.W. McKenzie Street. '"he ex-I.ting ingress/egress from the present school site on 99W is unsafe and should he eliminated at this time. STAT. ACTION: Staff APPROVES this Site Design Review application if the following conditions are met: 1. 99W ingress/egress be eliminated and moved to S.W. Johnson Street, Plans for these changes shall be reviewed by the Public Works Director_ 2. St, Anthony's Church shall petition the City of Tigard to form a Local Improvement District for the improvement of S.W. McKenzie Street, S.W. Grant Avenue and S.W. Johnson Street. If this effort_ is unsuccessful St. Anthony's shall make half-street improvements to acceptable standard; as indicated by the Public Works Director to S.W. Johnson from 99W to S.W. Grant and S.W_ McKenzie from S-W. Grant Southerly adjacent to tax lots 200, 400 and 800. A non-remonstrance agreement for the futu---e improvement of S.W_ Grant Street shall be signed and recorded prier to. the issuance of Building Permits for the Kelly Center. 3. Applicant shall submit detailed parking computations to the Planning Director_ Note the 11-improved" conditions of each existing parking lot. Reference the ( Tax Lot and existing use in relation to Code Parking Requirements, 12420 S.W. MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH; 639-4171 STAFF REPORT FINAL ACTION SDR 26-81 PAGE 2 4. No Occupancy Per'-nits shall be issued until all conditions upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate Department. 5. No changes will be made to approved plans or specifications unless formal application is made to the appropriate City Department and changes are approved by that Department. Application for changes will be made in writing and shall include applicable drawings. 6. Grading and construction plans for all work in public right-of-way and and all other public improvements shall be prepared by a registered professional engineer in accordance with City standards, and shall be submitted to the Public Works Department for review. All public improvements specified above will require a Compliance Agreement and must be (design) approved by the Public Works Department. Said improvements shall be either (1) fully and satisfactorily constructed prior to issuance of Building Permits; or (2) bonded to the City for 100% of the estimated cost thereof prior to issuance of Building Permits. 7. All street and parking areas shall be concrete or asphalt. A11 sidewalks shall be concrete. B. No minor land partitions shall be made in reference to this project unless formal application is made to the city of Tigard Planning Department and the Minor Land Partition is approved and recorded. 9. Necessary dedications of property along the Rights-of-way of abutting streets shall be made as follows: S.W. Johnson additional Five feet from tax lots 100 and 200 providing 25 feet from the centerline S.W. McKenzie Additional five feet from tax lots 200, 400 and 800 providing 25 feet from centerline - S.W. Grant Additional ten feet from tax lot 200 providing 30 feet from centerline APPROVED BY: FRANK cuR-,uk;, Pl3-nning Director L NOTE. Sign below to acknowledge conditions set forth for this project and return to the City of Tigard Planning Department. Failure to acknowledge will result in no further action on this project with regards to issuance of Building Permits or Engineering approval. �' .� �_�,/�'� /,yam •%j ,� ��1�.�r�2� •� � �$� rt2f February 23, 1982 FOR THE RECORD Submitted for design review in October, 1981, was a 2 phase project of approximately 13,000 square feet, consisting of a 6000 square ft. multipurpose meeting room and kitchen to be built at this time and, when funds permit, a 7160 square foot meeting room/gymnasium, all located on tax lot 200 of the church property. The budget available from all sources for the building and municipal improvements is very close to $400,000. Construction bids for Phase 1 ranged from over $450,000 to below $390,000 for the project as submitted for review. It is estimated, using the figures supplied by the Tigard City Planning Director, that cost of the half street improvements by LID, as demanded by the Director, to include S.W. Johnson, S.W. Grant and S.W. McKenzie, including curbs, sidewalks, storm sewers and widened to standard streets, would be approximately $235,000. This requirement would increase the cost of the project by 60%, and effectively kill it because of financial restraints. In similar cases the City has allowed applicants to make partial municipal improvements at the time of construction, completing the required improvements over a period of several years. We therefore request to be allowed to make a LID improvement to S.W. McKenzie and to bring the main parking lot on that street to City standards for the Phase 1 portion of this project. Respectfully submitted, Dennis Henniger for The Facilities Committee St. Anthony's Church Ref: Record FOR THE RECORD March 4, 1982 Kelly Center of St. Anthony' s Church The Planning Commission of the City of Tigard, in its meeting and public hearing on the night of March 2, 1982, is making a number of recommendations regarding the municipal improvements needed for St. Anthony's Church to obtain a building permit for the construction of the proposed Kelly Center. The Facilities Committee of St. Anthony' s Church agrees with the recommendations of the Commission, but would like to point out two possible problem areas. They are: 1. The closure of the access to highway 99W will double the traffic on the present exit to Johnson Street. We feel that this exit will not be sufficient for the needs of the school, and is not as safe an entrance as the highway entrance, even with its problems. We feel that closure of the present 99W entrance can be successful only if the following measure is taken: Opening a new entrance to Johnson Street in addition to the present one. This may be done by improving a gated and gravelled entrance located northwest of the beforementioned Johnson Street exit. This measure is necessary to insure that vehicles moving at a moderate speed are not entering the school grounds at a point IBM of limited visibility, a problem which does not exist with the present 99W entrance. Another reason is to allow for good access of fire equipment, should it be necessary. A further improvement may be made by widening the present Johnson Street exit. It is felt, however, that this improvement alone will not solve the need for good access to the school facility. It is also hoped that if the addition of one of these asked-for larger entrances is approved that significant further requirements of improvements to adjacent streets can be avoided. 2. One of the requirements for the building permit was the signing of a non-remonstrance agreement as regards future improvements to Grant Street. We would like to point out that we in the parish are not in the position to sign such an ( agreement, since we do not hold title to or have direct ownership of the parish property. We would like Council members to note, however, that we are making an attempt to make improvements to the property as we are able, and have as our goal facilities that the members of the church and the people of the City of Tigard can view with pride. Respectfully submitted, i George J. Frye Chairman, The Facilities Committee St. Anthony' s Church i 1 TRANSCRIPT OF PLANNING COMMISSION HEARING March 2, 1982 - Agenda Item 5.8 - St. Anthony's Kelly Center Appeal of Planning Director's Decision Fowler Junior High School - Lecture Room 10865 SW Walnut Street - Tigard, Oregon Present and participating in this hearing: Commissioners Bonn, Christen, Herron, Kolleas, Moen, Owens and Speaker. President Tepedino opened the hearing and then withdrew from participation. Staff participating in this hearing: Planning Director Frank Currie, Associate Planner Liz Newton, and Ken El�_Lott for City Counsel. Tepedino: May I have the staff report and recommendations, please, on 5.8? Newton: (She read the momorandum of Feb. 199 1982, from Planning Staff to the Planning Commission, to which was attached the staff report dated December 14, 1981, by Frank Currie, Planning Director, setting forth the conditions for approval of the site design review application for this project. She did not read this Final Action Staff Report, but it was included in material given to the Planning Commissioners.) Tepedino: Thank you, Staff. Let the record reflect that I was actively Involved as a member of the church council at the time this issue was being decided at that church, and therefore will withdraw from activo participation on this issue; and I will turn the moeting over to the Vice President, Commissioner Speaker. Speaker: Do we have an applicant's presentation on this? Henninger: Thank you, Mr. Chairman. Dennis Henninger. I am a member of St. Anthony's Church and have worked on the project that is before you now. Let me explain briefly what we have, and by way of making the record so anyone who might review it would know what the scope of the project is, let me explain what we have here is a 13 hundred square foo.t multi-purpose building to be built in two phases, the first of which is an approximately 6,000 square foot building which would have a kitchen and meeting rooms, the second about 7,000 -- Speakbr: Pardon me; you said 1300 square feet, and then you talked about 6,000 square feet -- Henninger: It will be 13,000 square feet -- 6 and 7. Speaker: Okay; I thought you said 1300. Henninger: 6,000 in phase 1, and that is what is before us now; and 7,000 is a gymnasium with multi-purpose capabilities for housing numbers of people and larger gatherings. Basically what we have here now TP.ANSCRIPT OF PLANNING COMMISSION HEARING St. Anthony's Kelly Center March 2, 1982 Henninger: is design review recommendations on phase 1, which is a kitchen (Cont.) with small meeting rooms or capability of housing up to approxi- mately 200 people in meeting rooms off the kitchen area. We recognize that as a parish we have to do certain municipal Improve- ments, but we are here appealing the scope and nature of the ones that were requested here. As indicated in the material which we sent here, that our budget, top end, is around $400,000; our lowest bid on the project is around $390,000; and it appears to us -- Mr. Nicholson, the architect on the project will speak briefly -- that the municipal improvements which are contemplated here are going to run_ some- where in the neighborhood of between two and three hundred thousand dollars, depending on what finally is decided by the city as "street specifications" because there are very few, if any, street standards over in that general area. The project itself is on one lot. It is on Tax Lot 200, and I have a schematic of that area -- it's not very large -- but let me show you;the church property is circumscribed by SW Johnson, generally running in this direction, SW Grant Avenue, and SW McKenzie Street here. Those three streets; the project is situated on Tax Lot 200 -- it's a 4.2 acre lot. It isn't situated on Tax Lot 100, which was commented on in the Planning Director's memo- randum, and it's not situated on 300, nor is it situated on Tax Lot 800, which is southerly of McKenzie. Only the 4.2 acres is involved, and only a portion of the 4.2 acres. It was felt by the committee that I was on that certainly there is going to be some impact with respect to the people that will be coming in and off the property; but the primary impact will be on SW McKenzie Street and through parking. Tax Lot 800, Which is 4/10 of an acre, is unimproved--it has some fill gravel and it has some drainage on it--but it has not been improved for parking. There is no asphaltic paving or parking stalls on it. And it was because of this that we recommended and acquiesced in the concept of putting a local improvement district on McKenzie, the southerly border of the project from Tax Lot 400 over to Grant Avenue, and then supplying parking by way of putting asphalt pavement on Tax Lot 800 and putting in curbs and apron approaches on and off McKenzie. Now may I mention that the way that this was approache '. _n the memo out of the Planning Director's office was that the parish would, as a first option, form a local improvement district--that Is, we would petition for the formation of an LID. The LID would be from Johnson to Grant and McKenzie back to what is generally the southerly border of Tax Lot 400. That's approximately 1600 -2- TRANSCRIPT OF PLANNING COMMISSION HEARING St. Anthony's Kelly Center March 2, 1982 Henninger: lineal feet of improvement that would include curbs, sidewalks, (Cont.) drainage, storm sewers together with -- I should say, in addition to -- the parking, which is admittedly a requirement, and a reason- able one, of the project. We are talking about a very ambitious undertaking of municipal improvements. They would, I think, by any estimation be about two-thirds of the value of the project, which we felt was both burdensome and unrealistic. If in fact we hold on that position--that is to say, form a local improvement district on three perimeters of the property--then there is no way the project can go; so we both lose. And we are here to try and see if there is some reasonable middle ground where the project can go, where we can do some of the admittedly desirable improve- ments now, and do the balance of them at a time when circumstances and finances permit. As you know -- you have been patient in listening to other peti- tioners before you -- a local improvement district can only be stopped if two-thirds of the affected property owners vote--on a geographic basis--two-thirds of them vote to stop the project. Well, it doesn9t take much of a mathematician to see there is no possible way--if we own everything on the inside of the circle-- that there could possibly be two-thirds left on the outside. So it's academic to say that we will petition for an LID, and if successful then we will go the three-street improvement. It's a foregone conclusion if we petition there will be an improvement. So with that general format, I would comment before I turn it over to Larry Nicholson, the architect, that we feel that the 99-W ingress-egress issue -- 99-W again is here, and passes by the church property, by the school -- it has no relationship to this project in any way that we can see, and we do not feel that that ought to be eliminated. We feel it is not responsive to anything we are doing on this property. So we ask that, in responding to the order in which he listed them, No. 1, that the 99-W ingress-egress elimination not even be considered, because It doesn't affect this project; No. 2, with respect to the first option, petition for the formation of the LID, we say alternatively allow us to put an LID on McKenzie Street from the southerly border of 400 over to Grant Street, allow us to pave the parking lot on Grant Street and to stripe it, and I think as phase 1 that will reasonably respond to the needs that we have. Grant Street, as you probably know or may know, has a bicycle path on it--it's reflectorized and it's a recent part of the city bicycle pathway project, and we feel that to put curbs in there would be disruptive to that area; and again, it isn't an area on Grant Street impacted by the location of this building, which to primarily on quadrant 49--I believe those are lot and block numbers--but this project goes primarily on quadrant 49 of North Tigardville plat. . -3- TRANSCRIPT OF PLANNING COMMISSION HEARING St. Anthony's Kelly Center March 2, 1982 Henninger: I believe we have some blue prints here, Liz you have a blue (Cont.) print? (Business of getting correct prints.) I will turn it over to Larry Nicholson--I will assist him here. He can tell you a lot more about the location of the project and about some of the costs that we are dealing with--the hard costs of the suggested first option--and that is the three-street LID. Nicholson: Basically what we are talking about here is (some lost in change of tapes) . . . room for a place to meet for the different user groups that they have in their organization. We are talking about some 40 to 50 user groups within this specific church, as It will b, used in this complex. We can see how it is divided up into phases. This is the first phase we are talking about at this point in time. In terms of the effect on the surrounding area by this building, we envision this building only being used basically at night--I would say 95 per cent of the time the building will be used at night, and at the same time church is going on, the building probably will not be used. So in terms of the use of the parking lot, we want to use the parking lots to supply the building. As you can see by the heavy black lines around here, we are talking about an overdose of perimeter streets for improvements. And I have got costs--we have checked with the Multnomah County Design and Construction supervisor for current costs for street improve- ments, and this just happened today, so these are very current. And he gave us costs of curbs at $3.75, a five foot sidewalk at 89.00--I talk of total installation. New storm sewers, 12 inch diameter, $24.00 a lineal foot, and it's larger than that, it's approximately $2.00, so that's $26.00 a lineal foot for anything larger than 12 inches diameter. Paving, base and rock at approx- imately $3.30 a square foot. And if we take all that perimeter and that black line and add that up--that being 481 feet on McKenzie, 708 feet on Johnson and 488 on Grant, and then the parking lot adjacent to the church, those perimeters as well, being on McKenzie and Grant--we come up with some 2,035 lineal feet. And taking those costs and projecting those or applying those back into that perimeter area, we come up with 8234a800 for improvement costs. So we feel pretty good where these costs are and their accuracy. Henninger: I think you can see we have a real dilemma. We are here to ask some rational method of compromises. We do recognize that we have an obligation to put some municipal improvements in, and are willing to do that. But if we are simply overwhelmed with the scope of them, then the project will not go. if we can work out something like the solution we have offered, it will go and we can all live with it, and on phase 2 we are probably going to —4— TRANSCRIPT OF PLANNING COMMISSION HEARING St. Anthony's Kelly Center March 2, 1982 Henninger: be in a poaition to do some more. But to do -- to buy the entire (Cont.) horse now -- we will not even get in the race. So we ask your ce::oideration on that. Thank you. Speaker: Thank you. Is there any public testimony in favor of this project? Any public testimony in opposition? If not, we can go to cross- examination and rebuttal, and I have a question--I have two or three questions. One of Staff: the Planning Director approved site design review on December 14, and on February 3 the pariah filed an appeal to conditions. Is that a timely filing of an appeal? Currie: The parish did that on the advice of the city attorney because at the time, the city had no appeal process--on February 3 no legal appeal process. We had been conducting appeals, but there was no provision for it in the Code. And those provisions were adopted, I believe, at the February 2 Council meeting; on February third they came in with their appeal; so I would have to say Yes, it was very appropriate. Speaker: (Amid chuckling by Commissioners) Yes, it looks like it is timely. (Addressed to Mr. Henninger) Now I suspect that there Is a rather high degree of sophistication in your parish organization, and you know that the city has a policy that public improvements shall be--or, public improvements are mandated--when there is development; and the rationale for that is that there is, and In a community like this that has gone from essentially rural to urban, It's the only way they can get improvements--at least itis the only way they have figured out yet. Now, did this-- did the conditions mandated by the Planning Director--did that catch you by surprise? Henninger: Well, certainly the size of them did. We anticipated that there would be some public improvements. We were given--addressed by the former Planning Director, we were led to understand that it had been the city policy in similar situations--not identical-- I don't think there has been an identical situation where this amount of perimeters owned by an eleemosynary or charitable organization--that they have allowed stages, where A would be done with staged construction B, and C would be done with staged construction D, etc. We never in our wildest dreams anticipated we would be looking at over a quarter of a million dollars of streets, sewers and curbs on a project roughly the sane size. Speaker: Okay. Now what I an wondering is, as part of the phase 2, if the Planning Commission and Council goes along with your request for - • . . would your phase 2, would you be prepared and willing tO complete the public improvements that are requested in this? Henninger: Well, we recognize that staged development would be something -5- TRANSCRIPT OF PLANNING COMMISSION HEARING St. Anthony's Kelly Center March 2, 1982 Henninger: that would lend itself to solving the present impasse. I must (Cont.) say in all candor also that we don't have the authority to bind that parish, because the property is actually owned by the arch- diocese; so I am sure they are familiar with that type of procedure that would perhaps obviate a problem. But I couln't, certainly at this meeting, anticipate. We understand what you are saying, and certainly would be receptive to that approach. I understand what you are saying--it is that assuming that in two or thre years,• when we are ready for phase 2, then would we be willing at that time to LID it or to half-street, or etc. And as a general statement, yes; but as to specifically bind us, I couldn't do that. Speaker: Well, I can appreciate that. Now another thing that I would ask Of Staff: If a LID were formed, would it be possible to spread Payments over a period of time? Currie: Yes; that's the purpose of forming an LID, is to spread those -- Speaker: In other words, to get the improvements now and pay for it -- Currie: I don't know how attractive that might be to the archdiocese; I don't know whether you have other financing methods that might be more attractive to you. The financing method through the LID Is to spread the cost of the improvements over -- well, according to ORS -- a 10, 20 or 30-year period. The city is leaning toward a 10-year period at this time just because of tha interest rates YOU get on the bonds--they are more favorable for the 10-year period. So the costs of the improvements can be spread over a long period of time. Henninger: Well, the LID is definitely attractive. Currie: If I can give you a little bit of a background on Item 2, which Is the requirement fqr the street improvements: It starts off saying, 1°St. Anthony's Church shall petition the City of Tigard to form a Local Improvement District for the improvement of" the three streets. If that effort fails--and I think you said the only way that can fail is if there is 60 per cent. By making a petition to the City Council, it was our intention to get this In front of the City Council in that manner. The City Council can then evaluate the petition on its merit, which they do with all petitions, and they can turn that down, accept it, or change It in any manner they wish. So there are other methods. This Is one we are considering. We want to offer another option if the Council felt that was not appropriate, or if you felt that was not appropriate, considering whatever you other financing methods might be. And the second option, of course, is to improve only McKenzie and Johnson to -6- 4 TRANSCRIPT OF PLANNING COMMISSION HEARING St. Anthony's Kelly Center March 2, 1982 Currie: half-street improvements, and to limit Grant, peryaps, to some (Cont.) other time in the future. So I think that is a viable option, although it may have seemed on the surface that that was not a viable option. It is also a viable option, depending on what attitude the City Council takes. So I guess I might further comment on the costs of the improve- ments. I copied down some of the numbers as you read them. More than two-thirds of the costs you have attributed on a lineal foot basis to storm drainage, which more than likely would take up less than 25 percent--not 100 per cent--of the frontage that you are talking about. Based on the estimates--and I think I gave you figures earlier--based on the estimates and the . . . . price that we have on Hampton Street that was done last year, the cost for the improvements to the church, not including the one on the parking lot site (I failed to do those) was somewhere between 75 and 100 thousand dollars. We got the bids on 72nd opened today, and they are almost 30 per cent less. So I suspect there Is a big difference between my low end of $75,000 and your upper end of $288,000. F,nninger: Of course at this time we don't know what the engineering is and required--we don't know where you are going to require storm draingge -- Currie: I might add that the Hampton Street project included some 30-inch storm drainage the full length of the project. I think that the prices that we have are extremely inflated. I don't question the unit prices--the unit prices look appropriate-- but the application to the whole 2,000 foot length of the project seems inappropriate. I guess I didn't want to get into an argument situation, although I did feel that those things sort of related to the questions you asked. Speaker: Okay. Now there is one other question I would like to ask of Staff, and that is in our August meeting last year, another church Off of Gaarde Street had a somewhat similar request, and about the same sort of rationale that you did--that this is only the first phases why soak us with public improvements around the perimeter, particularly on this first phase. What was it--the Apostolic Church?--jxeferring to minutes) The Tigard Assembly of God; and the Commission action was not, should we say very definitive: (reading) "Moen moved aproval of Conditional Use based on staff findings and recommendations, with the direction that the Planning Director negotiate with the City Council for mitigation at this time of part of the impact of the half-street improvement on the church." And the motion carried unanimously. Now, Staff, can you tell us what Aldie Howard and the Council worked out on that? Currie: S think at that time the Planning Commission's posture on the City Council's policy of half-street improvements was that it was —7— TRANSCRIPT OF PLANNING COMMISSION HEARING St. Anthony's Kelly Center March 2, 1982 Currie: the Council's policy and not yours, and you didn't necessarily (Cont.) always agree with it. And I think that that's basically the reason why you made that request. The negotiation that the Staff had with the City Council basically was based on my recommendation that they be required to sign a nouremonstrance agreement against the formation of a future local improvement district for the improvement of the streets on Gaarde, because the improvement, first of all, would not make any -- would not improve Gaarde any because it is unimproved on both sides of this, and it was so small it would not add to the value of Gaarde Street; and secondly, the terrain in that area is such and the drainage is such that it would be very difficult to design a small section like that so that you could be assured it would be still usable when you went to do the rest of the street. And it has been the Council's direction of Staff that we dould make that kind of a decision each time. Their policy, basically, is for half-street improvements whenever a change in use, or whatever, occurs, and that it is at the Staff's discretion--we can recommend either a nonremonstrance agreement be signed or some other method of assuring that those might be done some time in the future. So quite often on the basis of topography we would not require a half-street improvement be done unless :9e know what the design was going to be. Speaker: But I presume this is in an area that the topography is not an Issue, and you know what the ultimate improvements are going to be? Currie: Since they are going to be doing under our request all of them, there would be no question--those questions would not be the same. Speaker: Right. Currie: The improvement would be total. Speaker: Now at that time you were Public Works Director. You are still that, but you are also Planning Director. Would you be receptive to--should we say--getting part of a loaf now, and the waole loaf through a nonremonstrance agreement? Currie: I think that is reflected in our Item 2, where we said that another possibility would be to do half-street improvements on McKenzie and Johnson, and not on Grant. Grant has been brought up, as has been mentioned, to an interim standard w-Ith some space for pedestrian and bicycle usage; so it has had some improvement. Both the other streets have been overlaid, but there hasn't been any provision for widening on them. I think certainly we would be receptive to that. I think it's outlined in the second paragraph of conditions that we requested. In fact, there are three things in there. The other one is a nonremonstrance agreement against I guess that's not a part of -8- TRANSCRIPT OF PLANNING COMMISSION HEARING St. Anthony's Kelly Center March 2, 1982 Currie: the package. The half-street improvement of Johnson and McKenzie (Cont.) and a nonremonstrance agreement on Grant. I would like to add one other point, I guess, and that is that our ordinance does consider that adjacent tax lots under one ownership are considered as a single entity and a single use. That's the reason why we have gotten into the Whole picture. Speaker: Yeah; in other words, the archdiocese or whoever owns that, owns that whole property, regardless of the--it's several tax lots. Currie: Yes, we are looking at the use--it isn't a subdivision--it's a single use--let's face it. I guess you could argue that point, but probably -- Moen: Could I ask a question? If I read this right, the real difference between where the city stands right now and whe-e the church feels they are at is whether there be improvements made on SW Johnson. Is that not the case? Because here we are asking for a nonremonstrance agreement on future improvements on Grant, because everyone says that Grant can stay the way it is for a while. Currie: True. Moon: On McKenzie you say that's fine--you think that McKena ought to be improved too, so really the question boils down toffohnson situation. Henninger: Definitely, yeah. Moen: Let me ask a couple of other questions -- Henninger: We are suggesting a LID. And we would go ahead with the parking lot. Moen: A.LID, okay, which would allow -- you do the parking lot, but the LID would allow you special financing for it. Henninger: Correct. Moen: Okay. The Staff here asks in the last paragraph: The policy of requesting street improvements at the time of development is a City Council initiated policy. Staff recommends that the Planning Commission open a planning hearing, accept public testimony, and forward the matter to the City Council. Are you suggesting in effect that we would gather information and maybe make suggestions-- not necessarily vote yea or nay? r Currie: I guess I wouldn't want to put it that strongly. I think that if you wish to make a recommendation to the City Council, that's -9- TRANSCRIPT OF PLANNING COMMISSION BEARING St. Anthony's Kelly Center March 2, 1982 Currie: the way the system is set up, and they would appreciate a recom- (Cont.) mendation from you. As I mentioned before, it is my understanding that your posture has been in the past that you really cared to deal with these half-street improvement type issues without some more specific direction as to how to accommodate them in matters like this. Moen: Well, it seems to me that there's some times when there seems to be economic hardship because of following city council policy, and I don't know I have a problem with the Planning Commission-- we have tried to stay away with the economic end of it, and maybe the political end of it a little bit, and tried to pass it on to the City Council, where it is probably better addressed than in this forum. Speaker: Well, that's where the buck stops. Moen: Well, every time we get into one of these, if we have a very pleasant decision it sails right through; if we make an unpleasant one it is appealed anyway. (Laughter.) Currie: I think the Council has directed that they want you to hear this, and that was the purpose of that last statement. Moen: I personally would like to see something worked out on a phased development, where the church understands that the city certainly wants the whole perimeter improved eventually, and maybe with the understanding that the next phase may--I don't think we can write a specific requirement for that to burden the property like you say-- but when we come to the next phase one might expect the remainder to be handled. I think from an action standpoint here, I think we should gather opinions of the Commission and then forward on--I don't even know, I would say that we would have to vote here. We have done that before. Speaker: There has been no public testimony; I presume there is none forthcoming now. Any other questions that the Commission has of the applicant? Mr. Christen? Christen: I think there is a little bit of confusion about what it is going to cost for these improvements, and who is going to pay for them and when they are going to be paid for -- Speaker: Now is this question of the applicant, or is this Commission discussion? I haven't closed the public testimony. Christen: I just wonder what their thinking is. Do they think they have to pay for this right now--I mean, you know, before the building is built? That apparently is the reasoning of this letter here, and I .dontt think that is the way it is. -10- TRANSCRIPT OF PLANNING COMMISSION HEARING St. Anthony's Kelly Center March 2, 1982 Currie: I think With the LID policy it would not be that way. Under the LID policy the property owner has the option of signing up for Installment payments through state Bancroft bonding. Christen: But what they are stating in their letter is they think it is going to cost them $235,000 out of what they've got allotted for their building program, and that is not the way it is going to be. Henninger: If you take the second option, then you go ahead and make the half-street improvements. What we are talking about, is the possibility of the LID, which is the first option. If the LID fails, then we have to go to the half-street improvements • . . if I read that . . . . Christen: But you said the LID really could not fail, so in effect you would be committing your parish for an obligation over ten years; and you feel comfortable with that as long as the full obligation doesn't fall all at ono;? Henninger: Yes, even if we spread the 235 over 10 years, it still on a monthly basis • • • (would be something they could assume) . . . Christen: My suggestion would be that Staff maybe do a little study here and come up with some alternative estimates, and that this whole matter be brought before the City Council. I have one question: Staff, do you have any feel for the 99-W issue? This is another ingress and egress thing. How strongly do you feel -- Currie: . . . based on the fact that it wasn't the same piece of property. I don't know whether they would object to closing it or not. What is your question? Christen: Well., okay, what is the problem in closing it? Would it create a hardship -- Henninger: It•s used for school ingress; we have buses that turn in there Off of 99. There has never been a traffic congestion problem that I know of there. And the school is not involved in this project--it's situated several hundred feet from the school-- 200 feet or so from the school, and really would have a minimal Impacts if any, on 99-W. Currie: Our position, of course, is that, No. 1, it is an adjacent tax lot under a single ownership, and therefore it would fall in the realm of "If we are going to get you, now is the time to get You." (Laughter.) Henninger: Why do you want to close that access--I don't understand. TRANSCRIPT OF PLANNING COMMISSION HEARING St. Anthonyls Kelly Center March 2, 1982 Currie: As a school access, we think it is extremely unsafe -- Henninger: Is there any record of a collision there that you know of? Currie: Not that I know of offhand. Henninger: Then why make a statement that it is unsafe? Currie: I would hate to fall back on the excuse that we don't want to wait until there is one--that's what we hear from the other side. There is going to be a major intersection right at that location-- right close to that location with the development across the street Henninger: And that's the real reason -- Currie: And that's one of the real reasons; but there is also an existing traffic signal at Johnson that a lot of the traffic that turns out into that left turn lane to go inbound, I guess, to Portland, go illegally, because that is a left turn lane--it isn't a dual left turn pocket as you find along most of the street. Any left turn leads out of that driveway are illegal--and dangerous. Henninger: I will grant you that. Currie: A great many of them go that way. Henninger: You can put a right turn only there but still drop it. Some of the southeastern bound traffic would still turn off there. Speaker: Just as a suggestion, might it help to have a right turn only off 99 into the parking lot, and a right turn only out so that there is no left turns out from the lot, and there is no left turns into the lot? Would that be practical? Currie: I would have the same opinion I have on that last one. (Laughter. He referred to the previous hearing at Greenburg with the same problem.) I dontt Mink ites appropriate. No. I don't think Putting a sign up there is going to prohibit people from doing what they want to do. And I guess our job is to try to anticipate those things and design it so it cannot be done. It is the same question we had on the last one on the corner of Greenburg. Speaker: Is there any other question on the part of the Commission of the applicant? Herron: I have a question, Mr. Speaker: In regard to that particular parking lot opposite 99_%--is that parking lot used when services are being held at the church? Henninger: Yes. -12- TRANSCRIPT OF PLANNING COMMISSION HEARING St. Anthony's Kelly Center March 2, 1982 Herron: And that parking lot would also probably be used when activities would be going on in the auditorium? Heninger: Could be. Speaker: Ken (Elliott)? Elliott: Mr. Speaker, just as a procedural point at this time, I understand that the applicant has been advised prior to the hearing that this will be the only hearing to establish the record, and that the City Council review of this matter will be based on the record established at this hearing. I just wanted to make that point clear on the record, that the record that is being established right now is -- Speaker: This is the public hearing on this issue? Elliott: Yes. The City Council review will be on this record only. Henninger: We have offered the blue prints; if they haven't been received yet--we understand they have been--we would like to offer those, and also our February 23rd for the record transmittal . Speaker: Okay; I close the public hearing, and open if for Commission discussion and action. Bonn: Shall I open it up, then? Speaker: Commissioner Bonn? Bonn: Okay; we have several points here on -- let's go for instance on No 11 the 99-W ingress and egress. Well, I think we covered it basically down the street a little way, and I think my recommenda- tion on that would be to have them install a right turn only sign at that particular egress, and I don't know how you could do anything on the ingress coming in and making a left hand turn; But I believe we could reduce the number of people who are making left hand turns out of that particular site. On No. 2, there are three streets here; they have formed a LID for improvements of McKenzie--they have already accepted that proposal; that portion of it, and they have accepted the proposal to pave the parking lot. On Grant, that has been partially Improved already, and they would sign a nonremonstrance agreement on that. So basically what we are talking about is one street-- Johnson. I would make this comment, that because this is a two-step process and we have on other occasions modified it so they don't have all the money up front, that we accept this particular recommendation there, and then when they come back for the second half of the project we can get SW Johnson at that time. -13- TRANSCRIPT OF PLANNING COMMISSION HEAPING St. Anthony's Kelly Center Mauch 2, 1982 Speaker: Is that it? Thank you. Mr. Christen? Christen: Well, I have no further questions. Speaker: Commissioner Owens? Owens: Well, I would rather see the 99-W ingress/egress be closed. It is a very poor thing to have a way to get in and out right near what is used as the main door of the school building -- have a driveway that exits onto a major highway. And there is another entrance on Johnson that is probably more than 30 feet from the intersection--I don't know exactly, and I think that that is much safer and it serves that parking area and the school much more safely . . . . I think it could perhaps be improved a little-- there are some very large, tall bushes there that would need to have something done about for visibility; but other than that I would much rather see that thing be closed. The rest of these things sound good. Speaker: Thank you. Commissioner Moen? Moen: I guess what Commissioner Bonn had to say about item 2 sounds fine by me; and as far as ingress and egress on 99, if there is another.way to do it I think it would be appropriate. I would suggest that we suggest closure, and if they want to take it up with the City Council, so be it. Kolleas: I agree with that. Herron: 99-W to me needs to be closed off. Speaker: I would ask Staff: Is a motion in order from us? Because it is going to go to the Council anyway? Moen: A motion forwarding it to the Council? Currie: As I mentioned before, I think the Council would appreciate an action by you. If you dontt wish to give an action, then I think the motion obviously should be to forward this on to the Council. Moen: Is a motion suggested? Currie: It depends on how the Commission feels, I guess. Speaker: Well, we seem to have, I think, a majority that would like to see the highway entrance closed. I think that certainly is something that we could agree on. I know for myself I would favor at least a two step approach, either through LID or a nonremonstrance { agreement, or something. And perhaps it should not be determined -14- TRANSCRIPT OF PLANNING COI-IMISSIO14 HEARING St. Anthony's Kelly Center March 2, 1982 Public Works Director can get a little Speaker: until the applicant and the closer feel for what the financial obligation is going to be. (Cont.) -- Moen: that�s kind of hard to work a motion around, but - Moen: well, my suggestion is that we make a motion that forwards this apealIpthinktthere City Couilwith the sort of, recommendation o the consensus astmwhatwells we recommend be the solution. Speaker: Can you frame a motion for that? Moen: I can try. Speaker: Okay. I would make a motion that we forward the appeal regarding the Moen: 5t. Anthony's Kelly Center to the City Council dtegresslowing recommended solution: that tItem hat 111 99 beingressess to reflect what remain eliminated; Item 2, Commissioner Bonn said, that we would have a LID formed for SW McKenzie and Grant; that the parking lot be taken care of in Item j; SW Johnson to be considered a part of the next phase of construction, and that it be considered at that point, or when the applicant came for any other -- phase2 or whatever. And I think the rest of the conditions are s Currie: I think you want a nonremonstrance agreement. Moen: And a nonremonstrance agreement as a part of that. Currie: On SW Grant? hange Moen: On SW Grant, yes. Include that part of it. eandlc be considered to be made there is SW Johnson become a part of as phase 2. That's a confused motion. I am hoping our fine staff will get that. Speaker: Is there a second? ovens: I second that. Speaker: The motion has been made and seconded, whlshtthere will any further repeat short of taking it off the tapd.. discussion? Are you ready for the question? A11 in favor of the motion say Aye. Chorus: Aye. Speakers Opposed, No. (No response.) The motion carries. e(tote: President Tepedino should be listed as abstaining, becausepart in the hearing or the vote-) February 18 , 1982 MEMORANDUM To: Mayor and City Council From: Finance Director od Subject : GTE Franchise Renewal This department has contacted the Public Utility Commissioner's office regarding the limit on franchise fees . They reported that any fee above 3% of the gross revenue would be considered a city tax. lw x 121/O'DONNELL, SULLIVAN & RAMIS ATTORNEYS AT LAW MARK P.O'DONNELL BALLOW & WRIGHT BUILDING CANBY OFFICE EDWARD J.SULLIVAN TIMOTHY RAMIS 1727 N.W. HOYT STREET '- KENNETH M.ELLIOTT PORTLAND.OREGON 97209 1131 N.GRANT. SHITE 202 CORINNE C.SHERTON (503) 222-4402 - CANBY.OREGON 97013 STEPHEN F.CREW (503) 266.1149 STEVEN L.PFEIFFER PLEASE REPLY TO THOMAS L.MASON PORTLAND OFFICE February 19 , 1982 Mayor Wilbur Bishop City of Tigard P. O. Box 23397 Tigard, Oregon 97223 Dear Mayor Bishop: Please find enclosed a copy of a memorandum prepared for me by my law clerk indicating the deadline for submission of initiative petitions for the May 1982 primary election. The memo also indicates the portions of the City Code which permit the City Council to submit items to the voters without going through the initiative petition process. I hope this information is helpful. If you have any questions, please do not hesitate to call me. Sincer y, Ed J. Sullivan .EJS:s Enclo Iure I O'DONNELL. DATE: February 18 , 1982 S!JLLIVAN & RAMIS ATTORNEYS AT LAW 1727 N.W. HOYT STREET To: EJS PORTLAND. OREGON 97209 (503) 222-4402 FROM: RE:' City of Tigard - General Date for Initiative Petitions The City of Tigard City Council wants to know the last date for filing of initiative petitions for the 1982 May primary election. The City Charter of the City of Tigard, Section 26 provides that: Unless otherwise provided by ordinance "the general laws of the state shall apply to the conduct of all city elections. . . " . However, there are provisions in the Tigard Municipal Code for initiative and referendum petitions. They are contained in Chapter 1. 12. "Not less than . . . forty days before a general election at which the petition is to be submitted to the- voters , the city clerk shall accept for filing any petition for the initiative or referendum, subject to the verification of the . . . signatures and voting qualifications of the persons signing . . . (the clerk) shall file it as of the date of presentation to him. " TMC 1. 12. 070. Since the primary election is a general election for these purposes , this section is applicable to petitions to be filed for this May election which will be held the 3rd Tuesday in May. The 3rd Tuesday of May, 1982 is May 18th. Counting backwards from May 18th, including the day of the election and the day of the act, puts the deadline at April 9th, 1982 . Therefore , all petitions must be filed by the close of business on April 8 , 1982 , for purposes of this section. There is another section of the Charter which permits the City Council to refer items to the voters without going through the initiative petition process. "An amendment to the City Charter . . . may be proposed and submitted . . . to the legal voters of the city by resolution of the city council without an initiative petition . . . not later than twenty-five days before a general election" . TMC 1. 12.100. If the City Council chose to refer items to the voters through this method, the deadline would be April 23 , 1982. l Charter amendments could be handled by the City Council under either y of these provisions of the City Code. The resolution is , of course, the least expensive for the taxpayers of the county. If the initiative petition is used, the number, genuiness and qualifications of the signers must be checked by the County Clerk all of which takes time. The petition must be properly signed by at least fifteen percent of DONNELL. DATE: 2/18/82 -ULLIVAN & RAMIS ATTORNEYS AT LAW TO: EJS 1727 N.W. HOYT STREET PORTLAND. OREGON 97209 (503) 222-4402 FROM: SKS RE: City of Tigard - General Date for Initiative Petitions Page 2 the number of voters in the last regular municipal election. TMC 1. 12. 080. SKSssw 2/18/82