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City Council Packet - 03/22/1982 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on REGULAR MEETING AGENDA an agenda item needs to sign their name on MARCH 22, 1982 I: - the appropriate sign-up sheet(s) . If no FOWLER JUNIOR HIGH SCHOOL sheet is provided, ask to be recognized by LECTURE ROOM the Chair. 1. REGULAR MEETING: 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: March 8, 1982 N 2.2 Approve the Expenditures and Investments: $ 78,742.00 2.3 Receive and File Written Communications: o Monthly Reports o Review Report Canterbury Electro-Sport o WMI Letter o Washington County Transmittal Re: Annexations 2.4 Approve Library Lease Option 2.5 Approve and Authorize Signature of Mayor and City Recorder o Subdivision Compliance Agreement - TDC - Copper Creek II 2.6 Approve and Authorize Signature of Mayor o Lighting Maintenance Agreement - Koll/Intereal Portland 2.7 Approve and Authorize Signatures o 72nd Avenue LID Storm Drain - Railroad Crossing 2.8 Approve City Attorney Legal Fees - $ 7,844.85 2.9 Approve OLCC Applications and Authorize Mayor to Sign and Forward to OLCC o Casa Pinata, 11290 SW Bull Mtn. Rd. , Tigard, Or, Dispenser Class C App. o Coco's Famous Hamburgers , 10900 SW 69th Avenue , Tigard, Or, Restaurant App. o Plankhouse; 10935 SW 69th Avenue , Tigard, Or, Dispenser Class A App. 2.10 Receive and File Transmittal From Joe D. Bailey re: City of Tigard v. Paterson 3. TOWN & COUNTRY DAYS REQUEST o Director of Public Works Report 4. CIVIC CENTER PROGRESS REPORT - Approve Phase II Contract o Administrative Assistant Report 8:00 P.M. PUBLIC MEETING 5. McDONALD SEWER LID FINAL ASSESSMENT o Director of Public Works 6. SW KNOLL DRIVE SEWER LID FINAL ASSESSMENT - Continued from 3/8/82 Council Meeting o Director of Public Works 7. CONDITIONAL USE - CU 4-82 - TIM SETTLEMIRE - NPO #2 An appeal by the Tigard City Council of the Planning Commission's decision of approval with conditions for placement of a florist shop located at 12035 SW Pacific Highway (Wash. Co. Tax Map 2S1 2AA, Tax Lot 1000) . The matter is to be reviewed by Council on its' own motion pursuant to Section 18.84.250 (b)(2) . This matter is to be heard pursuant to Section 18.84.290 (b) and the review will be confined to the record of the proceedings. Review will be limited to the grounds relied upon in Resolution No. 82-24. No new evidence or arguments will be allowed; however, parties are invited to submit written arguments only pursuant to Section 18.84 .290 (b) . Such arguments shall be submitted to the City Recorder not less than five (5) days prior to Council consideration. During Council consideration, Council may pose questions to staff and parties on policy issues. 8. ST. ANTHONY'S SITE DESIGN REVIEW KELLY CENTER FINAL ORDER -RESOLUTION No. 82- o Legal Counsel Response PUBLIC MEETING PORTION CONCLUCDED 9. HOODVT_EW SANITARY SEWER LID ENGINEER'S REPORT & RESOLUTION OF INTENT 082- o 82-o Report by Director of Public Works 10. 72ND AVENUE LID STUDY SESSION/DISCUSSION o Discussion by Staff 11. URBAN PLANNING AREA BOUNDARY AMENDMENT - RESOLUTION No. 82- - & DISCUSSION OF PLANNING AREA AGREEMENT o Report by Planning Director 12. VECTOR CONTROL o City Administrator Response 13. 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. 14. ADJOURNMENT { PAGE 2 - COUNCIL AGENDA - 14ARCH 22, 1982 1 - L T I G A R DC I T Y C O U N C I L - - - - - - - - - - - - - - - - - � �� REGULAR MEETING MINUTES - MARCH 22, 1982 -$:00 P.M. 1. ROLL CALL: Present: President of Council, John Cook; Councilors Kenneth Scheckla and Nancie Stimler; 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 ARID COUNCIL FOR NON-AGENDA ITEMS UNDER OPEN AGENDA. (a) City Administrator advised Council that Mayor Bishop was on a brief vaca- tion and Councilor Brian was ill. He requested that the following items be added to open agenda. .1 Transmittal from Henry Yohn .2 Discussion of Annexation decisions and letter regarding such. :3 General Information (b) Councilor Stimler requested the following item also be added to the open agenda. .4 Casa Pinato Sign. (c) City Administrator requested Council call a.n Executive Session per ORS 192.660 (2)(d) at the end of the meetirg to discuss personnel and labor relations. 3. APPROVE THE MINUTES: March 8, 1982 (a) Councilor Stimler requested the minutes be amended on page 6 as follows: o Fourth paragraph down on page change the first word from 'Findings' to 'Conditions' . Condition 2.(c) , last word be changed from 'later' to 'first' . (b) Motion by Councilor Stimler, seconded by Councilor Scheckla to approve. Approved by unanimous vote of Council present. 4. APPROVE THE EXPENDITURES AND INVESTMENTS: $78,742.00 (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to approve. Approved by unanimous vote of Council present. 5. RECEIVE, AND FILE WRITTEN COMMUNICATIONS: o Monthly Reports o Review Report Canterbury Electro-Sport o WMI I6etter o Washington County Transmittal re: Annexations. (a) Motion by Co,incilor Stimler, seconded by Councilor Scheckla to receive and file. Approved by unanimous vote of Council present. 6. APPROVE LIBRARY LEASE OPTION (a) City Admi- -rator stated Library Board requested an additional recom- mendation be added to the memorandum to Council: "Request option for a 3rd year lease." (b) Motion by Councilor Stimler,seconded by Councilor Scheckla to approve lease options as amended by Administrator. Approved by unanimous vote of Council present. 7. APPROVE AND AUTHORIZE SIGNATURE OF MAYOR AND CITY RECORDER o Subdivision Compliance Agreement - TDC - Copper Creek II (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to approve and authorize President of Council and City Recorder to sign. Approved by unanimous vote of Council present. 8. APPROVE AND AUTHORIZE SIGNATURE OF MAYOR o Lighting Maintenance Agreement - Knoll/Intereal Portland (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to approve and authorize signature. Approved by unanimous vote of Council present. 9. APPROVE AND AUTHORIZE SIGNATURES 0 72nd Avenue LID Storm Drain - Railroad Crossing (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to approve and authorize signatures. Approved by unanimous vote of Council present. 10. APPROVE CITY ATTORNEY LEGAL FEES - $7,844.85 (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to approve payment. Approved by unanimous vote of Council present. 11. APPROVE OLCC APPLICATIONS AND AUTHORIZE MAYOR TO SIGN AND FORWARD TO OLCC o Casa Pinata, 11290 S.W. Bull Mtn. Rd. , Tigard, Ore. , Dispenser Class C. App. o Coco's Famous Hamburgers, 10900 S.W. 69th Avenue, Tigard, Ore. , Restaurant, App. o Plankhouse, 10935 SW 69th Avenue, Tigard, Ore. , Dispenser Class A App. (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to approve and authorize President of Council to sign. Approved by unanimous vote of Council present. PAGE 2 - COUNCIL MEETING MINUTES - March 22, 1982 12. RECEIVE AND FILE TRANSMITTAL FROM JOE D. BAILEY RE: CITY OF TIGARD vs. PATERSON i (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to receive and file. Approved by unanimous vote of Council present. 13. TOWN & COUNTRY DAYS REQUEST (a) Director of Public Works presented a new letter from the Committee revising their request for funds by eliminating the request for beer garden fencing and chemical toilet funding assistance by the City. They expressed their desire to assist the City in this time of tight budget constraints. (b) City Administrator stated he had been requested to extend the Mayor's con- cerns regarding the City funding the beer garden fencing, chemical toilets and temporary fence relocation. The Mayor suggested that this should be Town and County Days Committee expense. (c) Councilor Stimler stated that the City has paid for the pasture parking fence relocation in the past and felt this policy should continue. (d) Joe Schafer, Chairman of the Town and Country Days Committee, requested that the City consider making the electrical wiring (which is done each year on a temporary basis) permanent. The Committee felt this would be most cost effective. (e) After some discussion by Council and Staff, Councilor Stimler moved to accept the staff memorandum and suggestions with the exclusion of item #1 and #2 (which were the beer garden fencing and chemical toilet assist- ance) and have staff and committee negotiate the electrical needs after the City receives a bid on the job. Town & County Days to share in cost. Motion seconded by Councilor Scheckla. Approved by unanimous vote of Council present. 14. CIVIC CENTER PROGRESS REPORT - Approve Phase II Contract (a) City Administrator presented the Phase II Contract with the architect and recommended Council approval. (b) Mr. Gary Fox, Civic Center Committee Representative, stated that on Marct. 9, 1982, the executive committee met and reviewed Phase I Contract and found each item had been completed. They selected the "B" Proposal with modifica- tions for the Civic Center Project which utilizes the Crow Building site and are ready to move forward in the process. This would require a Phase II Contract approval. The Committee is working towards an election date of June 29, 1982. (c) City Administrator noted the Phase II Contract is for $10,500 and would include the following elements: r" t PAGE 3 - COUNCIL MEETING MINUTES - March 22, 1982 I. Preparation of final site studies based on the selected Alternative B, prepared in the Phase I portion of the work. 2. Conceptual design studies for Alternate B showing, c%terior design treatments and overall appearance of the structures. Floor plans will be general in scope and shall define overall major relationships be- tween functions. 3. A cost estimate of proposed improvements. 4. Preparation of drawings which define the overall appearance of the pro- ject. These drawings shall be of presentation quality and are intended for use in public information packets. 5. Assist in the development of public information packets for presentation of the Civic Center design. 6. Preparation of a model defining the overall scope and mass of the project. The model shall be designed to allow for removal of portions of buildings to illustrate phasing. (d) Motion by Councilor Stimler, seconded by Councilor Scheckla to proceed with project and approve Phase II Contract. Approved by unanimous vote of Council present. 15. McDONALD SEWER LID FINAL ASSESSMENT (a) Director of Public Works requested Council set matter over for consideration on April 12, 1982. (b) Consensus of Council was to set over to April 12, 1982, meeting. 16. S.W. KNOLL DRIVE SEWER LID FINAL ASSESSMENT - Continued from March 8, 1982, meeting. (a) Director of Public Works reported that the original letters which went out to the citizens on this project (and 5 others) was at the time when the State was changing the bonding laws. The letters stated that the City would be selling bonds at 10% for 20 years. (b) Legal Counsel advised Council that they could either sell bonds for ten years or try to sell bonds at 20 years. If the bonds are not saleable then the City would have to absorb the difference in the rates. (c) City Administrator recommended Council try to market the bonds at 20 years and honor the committment made to the citizens one and half years ago. He noted that if the bonds were not saleable at that amount of years, the City would need to remarket the bonds at ten years. (d) Motion by Councilor Scheckla, seconded by Councilor Stimler to approve the recommendation of City Administrator and market bonds for 20 years. Approved by unanimous vote of Council present. PAGE 4 - COUNCIL MEETING MINUTES - March 22, 1982 3 NOR"MENOR 17. CONDITIONAL USE - CU 4-82 - TIM SETTLEMIRE - NPO X62 An appeal by the Tigard City Council of the Planning Commission's decision of approval with conditions for placement of a florist shop located at 12035 S.W. Pacific Highway (Wash. Co. Tax Map 2S1 2AA, Tax Lot 1000) . The matter is to be reviewed by Council on its' own motion pursuant to Section 18.84.250 (b)(2) . This matter is to be heard pursuant to Section 18.84.290 (b) and the review will be confined to the record of the proceedings. Review will be limited to the grounds relied upon in Resolution No. 82-24. No new evidence or arguments will be allowed; however, parties are invited to submit written arguments only pursuant to Section 18.84.290 (b) . Such arguments shall be submitted to the City Recorder not less than five (5) days prior to Council consideration. Dur- ing Council consideration, Council may pose questions to staff and parties on policy issues. (a) Councilor Stimler advised the applicant that the Council appealed the planning Commission decision because of safety concerns on the ingress-egress situa- tions on the proposed site. (b) Planning Director distributed a copy of the diagram which was presented by the applicant at the Planning Commission hearing and placed on a blackboard at that time. He advised Council that the property line on S.W. Green- burg Road extends six feet into the current street placement. Staff had originally suggested that the Greenburg ingress to the property be closed, however, since that is on private property and not actually public right- of-way, it would be difficult to require. (c) Lengthy discussion followed between Council, staff, and Mr. Settlemire regarding the ingress-egress problems, locations of access and related safety issues. (d) Director of Public Works conferred with property owner and Settlemires briefly during the meeting and stated the following conditions were agreed to by all parties, if they met with Council approval. 1. Leave the Greenburg Access in the present condition. 2. No signing to be placed on the ingress-egress locations. 3. Move northerly driveway on Pacific Highway to thirty feet from corner of Greenburg and Pacific Highway and leave other driveway on Pacific Highway in its current location. 4. Install speed bumps before the drive ways in private parking lot and across the width of each driveway. (e) Consensus of Council was to approve the suggested conditions and ask Legal Counsel to draft in resolution form for approval later in the meeting. 18. ST. ANTHONY'S SITE DESIGN REVIEW KELLY CENTER FINAL ORDER (a) Legal Counsel presented the final order to Council. He requested Council amend the order by changing the word "later" to "first" on the top of page 5, Ist paragraph, last word. Also he noted that the Planning Direc- tor requested an addition . of the following wordage to Page 5, section 6, separate paragraph: "Have applicable LID petition completed and signatures on all non-remonstrance agreements prior to issuance of building permits." PAGE 5 - COUNCIL MEETING MINUTES - March 22, 1982 (b) Resolution No. 82-26 In Re: APPEAL OF ST. ANTHONY'S KELLY CENTER Motion by Councilor Stimler, seconded by Councilor Scheckla to approve as amended. Approved by unanimous vote of Council present. RECESS: 9:00 P.M. RECONVENE: 9: 12 P.M. 19. HOODVIEW SANITARY SEWER LID EINGINEER'S REPORT & RESOLUTION OF INTENT (a) City Administrator noted engineers report and requested approval by Council for staff to proceed with preliminary engineering work and approve a resolution calling for a public hearing. (b) RESOLUTION No. 82-27 DECLARING AN INTENTION TO CONSTRUCT CERTAIN SANITARY SEWER IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A SEWER IMPROVEMENT ASSESSMENT DISTRICT, TO BE KNOWN AS HOODVIEW SANITARY SEWER LID 0 32) DESCRIBING THE PROB- ABLE TOTAL COST THEREOF; DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING AND ADOPTING PRELIMINARY PLAINS AND SPECIFICATIONS FOR THE WORK AND ESTIMATES OF PROBABLE COST AND SETT- ING A PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. (c) Motion by Councilor Stimler, seconded by Councilor Scheckla to approve. Approved by unanimous vote of Council present. 20. CONDITIONAL USE CU 4-82 - TIM SETTLEMIRE - NPO X62 (a) Legal Counsel reported that he had a chance to word the resolution which will adopt the findings and conditions of Council regarding the Settle- mire Appeal issue heard earlier in the evening. He noted that the following conditions were set forth in the resolution for Council review. 1. All curb cuts on Pacific Highway shall conform to City of Tigard street improvement standards. In addition, all curb cuts onto Pacific High- way shall be improved with a speed bump for the length of each curb cut. 2. A standard curb shall be constructed to align with the existing curb along Pacific Highway. 3. Construction plans for the curb improvements shall be submitted to and approved by the City of Tigard Engineering Division. Site drain- age plans shall be submitted with the curb improvement plans to insure adequate on site drainage. PAGE 6 - COUNCIL MEETING MINUTES - March 22, 1982 4. The parking spaces in front of the existing building shall be re- striped to indicate head-in parking rather than angle parking. 5. Potholes in the existing parking area shall be patched with asphalt. (b) RESOLUTION No. 82-28 In Re: APPEAL OF PYG14ILION FLOWERS. (c) Motion by Councilor Stimler, seconded by Councilor Scheckla to approve. Approved by unanimous vote of Council present. 21 . 72ND AVENUE LID AVENUE STUDY SESSION/DISCUSSION (a) City Administrator and Director of Public Works discussed the history briefly with the Council and answered questions to Council 's questions. Administrator stated there would be a hearing on this issue on March 29, 1982, to "conform to reasonable particulars" as required by bond counsel. Discussion followed regarding the bids received on the project. It was noted that the Director of Public works and the Engineer recommended bid award to Oregon Asphaltic Paving in the amount of $1,656. 104.90. City Administrator also advised Council that staff was recommending a preassessment method of financing for the project and would discuss this aspect further by April 12, 1982, meeting. Director of Public Works stated the total assessment was $1,533.955. He drew Council attention to the fact that Council had placed a cap of $1.5 million on the project, however, the extra $33,955 in the assessment�, �, figure was for West. Int'l Prop. and will not be distributed to any other property owners. 22. URBAN PLANNING AREA BOUNDARY AMENDMENT - RESOLUTION & DISCUSSION OF PLANNING AREA AGREEMENT. (a) Jeremy Coursolle, Associate Planner recommended Council approval on a resolution to extend the Urban Growth Boundary along Scholls Ferry Road to the west of S.W. 135th Avenue, as a property owner has requested annexation and the area is not in another City's Urban Growth Boundary. He also drew Council's attention to the draft copy of the Urban Planning Area Agreement with Washington County. He stated that both the City of Tigard and Washington County are anxious to clarify some language issues. (b) Mr. Russ Kruger, 14655 N.W. Hunters Drive, Beaverton, appeared as the property owner requesting annexation. He requested Council 's approval and noted for the record that if the LID proposal is not approved on 135th Avenue as current!;, proposed, that he acknowledged his intent to improve 135th Avenue in frontof his property. (c) RESOLUTION No. 82-29 A RESOLUTION OF THE TIGARD CITY COUNCIL TO REVISE THE BOUNDARIES OF THE EXISTING ACTIVE URBAN PLANNING AREA. PAGE 7 - COUNCIL MEETING MINUTES - March 22, 1982 (d) Motion by Councilor Stimler, seconded by Councilor Scheckla to approve. Approved by unanimous vote of Council present. (e) Lengthy discussion followed regarding the need to upgrade the Urban Plann- ing Area Agreement with Washington County. Councilor Stimler expressed concern that areas inside our Urban Planning Area are being developed while still in the County jurisdiction. Those developments are being completed, however, at Washington County standards. (f) Consensus of Council was to have staff pursue the clarification of the Urban Planning Area Agreement. 23. VECTOR CONTROL (a) City Administrator stated that Washington County, via a letter dated March 11, 1982, requested City of Tigard chose to annex into a Service District for Vector Control. The Administrator recommended the City could do the job in a more cost effective way. (b) Motion by Councilor Scheckla, seconded by Councilor Stimler the present practice of Vector Control be continued at this time. Approved by unanimous vote of Council present. 24. 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. 24. 1 Yohn letter: City Administrator advised Council that Henry Yohn, a former employee of the City, has requested back pay for ten years of service as Park Caretaker at Cook Park. Administrator noted staff is investigating the allegations. 24.2 Annexation Update: Administrator reported that Alderbrook and Durham Annexations were approved by the Boundary Review Commission on March 18, 1982. Bechtold annexation was tabled to the next meeting. However, the staff and Mayor have been disturbed. by the action taken on the North nf Dakota Island. One Commissioner is reported to have made a statement to the effect that the City of Tigard could be "punished" if the annexa- tion were held off for a little while so that the City would have to provide services to the area for one year without the benefit of taxes. After discussion, consensus of Council was to see the transcript of the Boundary Review Commission hearing before sending a letter of complaint to the Governor. Staff will report back on the 29th. 24.3 General Information: City Administrator advised Council of a Public Officials Caucus meeting which will be hosted by Tigard and will be held 7:30 P.M. on May 6, 1982. Taxation. The main issue of discussion will be Double :.. i �r PAGE 8 - COUNCIL MEETING MINUTES - March 22, 1983 i;F Administrator reported that the business license problems with W.M.I. is still a concern and drew Council's attention to a letter in their packet regarding the issue. Staff will report any new developments to Council. 24.4 Casa Pinata Sigh: Councilor Stimler requested staff investigate the sign at Casa Pinata. She remembered that they requested a temporary use to allow the existing sign to be in place about two years ago and would like an update on the issue. 25. ADJOURNMENT: Regular Meeting at 10:10 P.M. 26. EXECUTIVE SESSION: Tigard City Council met in executive session under ORS 192.660 (2) (a) and (2) (d) to consider labor relations and litigation issues (a) Council and staff discussed issues relating to labor relations and possible litigation. 27. ADJOURNMENT: Executive Session at 10:35 P.M. City Recorder — City of Tiga L ATTEST: Mayor — City of Tigard PAGE 9 — COUNCIL MEETING MINUTES — March 22, 1982 �Y PAYMENT OF BILLS FOR COUNCIL APPKOVAL PROGRAM BUDGET MARCH 22, 1982 Community Protection Police 6.269.39 Public Works 11.478.23 Municipal Court 802.36 Planning 1,037.62 Building 161 .51 Total Community Protection 19,749.11 Home & Community Quality Public Works 2, 162.61 Social Services Library 1,372.81 Aged Services 1,301 .30 Youth Services 8,618.36 Historical Total Social Services 11.292.47 Policy & Administration iiayvi cx ...,........il 578-90 Administration -- - Administration 571.46 r Finance 246.97 Total Policy & Administration 1,397.33 City Wide Support Functions Non-departmental 6,406.40 Misc. Accounts (refunds & payroll deductions, etc.) 2,955.00 CAPITOL BUDGET Commitni ty Protections Road Acquisition & Dev. Parks Acquisition & Dev. Storm Drainage Total Community Protection Support Services Building Improvements DEBT SERVICE General Obligation Bond E Bancroft Bond 900.00 UNIFIED SEWERAGE AGENCY Contract 33,879.08 TOTAL AMOUNT OF CHECKS WRITTEN 78,742.00 MEMO TO: CITY COUNCIL DATE: MARCH 22 , 1982 FROM: BUILDING DEPARTMENT SUBJECT: MONTHLY REPORT FOR MONTH OF FEBRUARY, 1982 February's building activity included permits for 2 signs, 5 single family residential, 3 residential alter and repair, 3 commercial alter and repair, 1 educational, 3 educational alter and repair, and 1 demolition for a total valuation of $2,440,857 .00 . Fees for 16 permits $8,269 .51 Fees for 2 signs 35 .00 Plumbing Activity - 29 2,492 .50 Mechanical Activity - 13 321 .70 Business Licenses 52 1,999 .00 TOTAL - - - $13 , 117 .71 Sewer Permits - 5 $ 3 ,875 .00 Sewer Inspections - 5 175 .00 King City Activity was 2 residential alter and repair and 1 commercial alter and repair for a total valuation of $16, 000 .00 and fees of $259 .89 . 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O U •.t b N C .-a pq w W M M H a/ E 6 o a) N H cu W W T an W W v p. bO P 34 W P H m m u U U U W ,[ d •-+ a1 G a) a) u al O -54 a6 b G u ~W a) of W W O O a/ .-+ C W ••+ .o w 7 .'� u m G C U W co W ., W W o-' U C] m o NW o74 .--1 6 N U W .20 U W d -• N Nl �7 �+l Cil .7 N cn •- . W .-. Cl) cel c'1 �7 :r Ln C4 O v d c0 N 00 co .as N -T W l N N U d 11'1 U ci C. Cn c'�1 C•1 C"1 N O� ol O1 07 H b C9 CO Cl W c, r. rn Ch rn r-t `S :] N N N U W cn OD I 1 C O O �1!► •CI•rt •O H4• O� 7 N W, 00 00 co W cn •t1 U'd � ••-t ri N ?C U C N H a 7 q W a 4i 0 y Hry N .•-i P9 P4 O N N N H C O 7 Cy N N N •ca q0.W .-. � .-+ r-t n co n O O co co N L 7 0 3 1{�1 N N CIA �D W U [-. W 1 C'. H d 4 Z N N N O aw cn N d 1 cl C+l cn % co w rn A - CO N N N to an 1P1 Ln H L X al rn C O p O O O pG N N Ql r. Orn 01 01 Ol o A b > cHa w .o �o •o H w N a t x wacn w w x .-+ r+ H 4 rn H z H v cn Q O w N v H F ' O O ci r` 10 .--t rn c:1 U w C O T .�.� d 10 T CO A v C �p 1D N O v v o b w d W N � H •U O ^J C P. ..1 •.0 .r.t .. tU O H O H b• N b N C a N N co C W px u H O W C C X [pK > % H m w O T w GOO W H a W A w C w w w P H H W twit H 14 -0 u O u a2Wa W -00 X CN H W w 61 C O ?C T 5 H H N O H SU r1 W +•1 v w H W GO L H N C Ha O H 5 H a H HO 7 0 C-) H U � 2 TWARD - LIBRAWY PUBLICPhone639-9511 12568 SW Main Tigard, Or.97223 MEMORANDUM March 8, 1982 TO: LIBRARY BOARD; CITY COUNCIL FROM: CITY LIBRARIAN SUBJECT: Mouthly Report, February 1982 1. Administration: a. At meeting of the Tigard Budget Committee, February 1, Librarian requested that State Aid money be placed in personnel services to hire the Assistant Librarian and Library Assistant for Youth Services full time for the remaining four months of the fiscal year. It was also proposed that with the extra staffing, the Library would be re-opened on Mondays. Committee members agreed to place the money in personnel services but were concerned that the additional staffing might not be funded in FY82-83 and the Library would have to close again. City Council, at its February 8 meeting, adopted the budget as proposed. However, the City Administrator and Librarian decided not to re-open the Library on Monday. In the meantime, the two positions are being funded full time and specific short term goals have been set to realize the most from this opportunity. The 1982-83 Library Budget will request funding for these two positions and as soon as it can be determined that the request is approved, the Library will re-open on Mondays. If the request is denied, the two positions will revert to half-time July I. b. On February 12, Librarian attended a meeting with City staff and Dennis Brun, archi- tect, discussing space needs for the Civic Center Complex. The Library's optimum need is for 18,895 sq. feet. Interim space needs were also discussed inasmuch as a move from 5,000 sq. feet to 18,895 would pose problems in staffing, maintenance and utilization. It was agreed that the architect should build in an incremental increase in Library space, starting with 11,000 to 12,000 square feet. C. Librarian, a member of the Washington County Cooperative Library Services (WCCLS) Budget Coumittee, attended three meetings to allocate funds for county-wide services for FY1982-83. There is a severe shortfall in tax collections, therefore, all county—wide services were cut back or held to last year's dollar amount. Affecting Tigard most directly will be loss of the telephone credit card, no continuing education, no county-wide public relations programs and continuing slow-up in the reference service. The reference service continues to experience increased usage and had requested a computer system (OCLC) for inter- library loan. This item was not funded. The children's services will not be able to add to shared resources such as story-telling packets and filmstrip/cassette programs. $20,000 was allocated toward a new serial levy in Spring 1983. Because of an increased percentage of out-of-town service, Tigard's portion of the levy for 1982-83 is $79,302. Last year's portion was $74,510. d. Librarian attended WCCLS professional board meeting February 25. Of interest: (1) The 1982-83 budget was accepted as presented and will be recommended to Citizens Advisory Board. (2) WCCLS will be funding the larger portion ($20 out of $30) of the fee for an eight-hour microcomputer workshop presented by Radio Shack during March and April. 2. Personnel: a. Volunteer hours totaled 113 for a daily average of 5.7. b. Community Service assignees worked 57 hours. Tigard Public Library. - Monthly Report, February 1982 - page 2 3. Statistics: a. Circulation of all materials 9,365. Books 8752 Magazines 401 Adult 6316 Audio-Visual 160 Juvenile 2348 Other 52 Interlibrary Loan: Requests placed 119. Requests filled 88. b. User cards issued 309. In-town 153; out-of-town 156. C. Story-hour attendance -- total 75; average 9. d. Reference/Reader's Advisory 553. e. Materials added 161. f. Materials withdrawn 141. g. Money Received: Lost Books $10.45 Fines 20.40 Misc. Replacement 4.25 Donations 4.50 Card Fees 10.00 TOTAL $49.60 4. Youth Services - John Henshell: The daily average juvenile circulation rose again in February. Story times are being well attended with a total of 36 for the last two sessions of the month. There has also been an increase in young people seeking reference and reader's advisory. Two groups visited for orientation -- a Bluejay troop and a pre-school class. More are planned for next month. A special Valentine program was presented. 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Llx a z 0 3 9 MONTHLY REPORT PLANNING DEPARTMENT FEBRUARY 1982 The following projects were acted on by the Planning Commission over the past month. VARIANCE V 1-82 Tigard High School Auditorium NPO #6 APPLICANT: Charles E. Selig/Xavier Rueda OWNER: Tigard School Dist. 23J 213 SW Ash Street, Suite 201 13137 SW Pacific Hwy. Portland, Oregon 97204 Tigard, Oregon 97223 REQUEST: For a 27-foot variance for section 18.20.100 of the Zoning Ordinance to allow for a maximum 57-foot high addition to the high school. SITE LOCATION: 9000 SW Durham Road (WCTM 2S1 14A lot 100) ACTION TAKEN: Forwarded to City Council with records of the Planning Commission comments and concerns. CONDITIONAL USES CU 1-82 Oak Hill Investment Corp. NPO #1 (Color Tile Store) CU 2-82 Oak Hill Investment Corp. NPO X61 (7-11 Store) APPLICANT: Oak Hill Investment Corp. OWNER: William Calder McCall 7941 SE Johnson Creek Blvd. 808 SW 15th Avenue Portland, Oregon 97206 Portland, Oregon 97205 REQUEST: For approval of a Conditional Use Permit to allow for the construction of a retail outlet and a convenience grocery store on the site. SITE LOCATION: South side of Pacific Highway 99W, just west of Hall Blvd. (WCTM 2S1 2AA lot 600) ACTION TAKEN: Approved February 2nd with conditions. t Avoid Verbal Messages CITY OF TIGARD TO: City Adm�rnvi=atnr Ci ty (' nnnsxa . L,_____ FROM: _Chip f of Police SUBJECT: T amuck Load Limit Enforcement DATE: March 12, 1982 RE: Ord No. 82_10 Feburary 8, 1982 10. 16.050 "Through Truck Traffic Restricted" Sir; On February 19, 1982 a letter was directed to Washington County Department of Public Works; directing them to make and install the signs by the Director of Public Works. At this time the signs have not been installed. Subsequently, no enforcement action has taken place. All trucks observed and are licensed in excess of 20,000 pounds will be cited, P.U.C. requires the licensed weight to be displayed on the exterior of the vehiciz . Sincerely, R.B:Adams, Chief Of Police RBA:sc POLICE DEPARTMENT MONTHLY REPORT - February, 1982 TO: City Administrator/City Council FROM: Chief of Police Personnel: The department is up to full strength (29) , and there was no employee turnover this month. The average daily department strength was 18.7 as compared to 16.5 of February, 1981. By division the breakdown is as follows: Administration 1.9; ;services Division 4.6; Patrol. Division 10.3; and Investigative Division 1.9. Service Delivery: The department responded to 579 non-criminal calls for service this month in contrast to 580 calls in 1981; year-to-date 1,081. Patrol Division's obligated time was 1,225.6 hour:; vs. 1,067.9 non-obligated hours. Crime: There were 89 Part I crimes reported this month, the same as was reported 9n February last year. Of the Part I crimes reported, 23 were cleared, or 25.8%. The department responded to 69 Part Il crimes and 36 were cleared. There were 50 persons charged this month as compared to 53 for this same time period last year. There war, no change in the crime rate this month _.;^pared to February, 1981. The Investigation Division worked 23 active cases this month, and cleared 10, or 43.5% of the active cases. The property loss was $35,067 and $18,947 was recovered, or 54%. Traffic: Patrol Division responded to 28 accidents, of that number 7 were injury. There were 289 citations issued, as compared to 184 for this same time period last year. In addition, 134 warnings were given. The enforcement index was 23.71. Police Reserves: The Reserve Unit worked 280 hours this month assisting the department in Policing the community. The majority of this time was spent out in the community on patrol and assisting citizens. Two of the newer Reserves are attending the Reserve Academy at Clackamas Community College. Special Assignments: (Narcotic Enforcement Task Force) The department assisted Sherwood Police Department in the training of one of their members in narcotic investigations. This included actual field experience, and the purchase of drugs in an undercover operation. The team is developing information relative to other narcotic sources in the community. No arrests were made this month by the team members. Training: A. Basic Computer Programming. On February 22, Officer Joe Grisham began his training on basic computer programming. This class is given by the Radio Shack Computer Center in Portland, and is given in three phases. When completed, Officer Grisham will have received 46-1/2 hours of training. B. Crime Scene Photography Techniques. On February 25, Det. Sgt. Branstetter and Cpl. Myers received 8 hours of training in crime scene photography. This class was held in Portland, and was sponsored by the FBI. C. Services Division Training. On February 25, a Services Division meeting was held for all members of that division, spending 7 man hours. Topic discussed was cross training c 11 tasks so that all dispatchers would be able to perform all duties required. Community Relations: Officer Grisham attended a meeting on February 19 at the Tigard Care Center. Topic was to raise funds for the Heart Associati-in. Crime Prevention: A. Vandalism presentation at St. Anthony's School for the 6th graders. B. Blue Bird and Cub Scout tours of police station (2) C. Drug Education program at Charles F. Tigard School for 6th grade students. sented to the Tigard Kiwanis Club. D. Year end police report pre Officer Grisham spent 9 hours providing the above programs and program planning. A total of 186 citizens were contacted; of that group 74 were students and pre-schoolers. Respectfully submitted, R.B. Adams Chief of Police RBA:ac NOTE: Specific Data Reports are provided if there are further questions. CITY OF TIGARD TO: C � rAdffiinictrator/ ity Counse-1 1: _Chief of EC)jice SUBJECT: Truck Load Limit Enforcement DATE: March 12, 1982 RE: ;Ord No. 82-10 Feburary 8, 1982 10. 16.050 "Through Truck Traffic Restricted" Sir; On February 19, 1982 a letter was directed to Washington County Department of - Public Works; directing them to make and install the signs by the Director of 'Public Works. -At this time the signs have not been installed. Subsequently, no enforcement action has taken place. • All trucks observed and are licensed in excess of 20,000 pounds will-be cited, P.U.C. requires the licensed weight to be displayed on the exterior of the -.vehicle. Sincerely, R.B. d�Cms9�"`;'I Chief Of Police RBA:sc I.C.A.P. BUDGET REPORT FISCAL YEAR 81/82 A. The appropriation for the ICAP program for fiscal year 1982/1983 was $16,380 dollars, which included the hardware, software and technology transfer. On August 10, 1981 an agreement was entered into between the City and Public Administration Service located at 1497 Chain Bridge Road, McLean, Virginia 22101 in the amount of $16,350.00. The expendatures for this program are as follows: Account number 1.1.4 - 705 1. System Assesment, technology transfer and software installation $ 8,008.00 2. Travel and subsistance 3,957.55 3. Hardware, supplies and other a. Hardware I. Computer 2,243.80 ' 2. Printer 843.95 3. Disk Drive (2) 888.00 SUBTOTAL . . . .. . . . . . . . . . . 32975.75 b. Supplies 153.80 C. Other 141.25 d. Basic Software I. New-Dos 80 (Disk Operating System) 150.00 2. Advanced Statistical Pkg. 39.95 SUBTOTAL 189.95 PROJECT TOTAL $ 16,426.30 Less Contract Overrun 76.30 AS PER CONTRACT $ 16,350.00 Note: The contract was closed out on 3-15-82; all hardware and software are on line, and as stated earlier the ICAP Records System is in place and operational. All task as identified in the agreement, to be performed by Public Administration Service, has been completed in a satisfactory manner. a B. Supplemental I.C.A.P. Program costs identified in the 81/82 Budget, but not included in the agreement with Public Administration Service (P.A.S.) Account Number 622 Employee Training Training Material 20.11 Training (Computer Operation & Programming) 120.00 140.11 Account Number 637 Travel and Subsistance (ICRP Appropriation $1,460) Trip to California 1,056.12 Account Number 352 Material and Supplies (ICRP Appropriation $780.00) Cost to Date 485.78 COMBINED TOTALS $ 1,682.01 PROGRAM COST TO DATE: PAS Agreement $ 16,350.00 Supplemental Cost 1,682.01 $ 18,032.01 Note: One more training class is planned for June 1982 at Sacramento, California; at the California Department of Justice on advanced crime analysis. B. Adams Chief of Police ±j POLICE: DEPARTMENT CONSOLIDATED MONTHLY REPORT FOR MONTH OF F^RRUFP.Y 1982 DISTRIBUTION OF PERSONNEL AVERAGE u NUMERICAL STRENGTH DAILY ABSENCE r AVERAGE EFFECIIVE STRENGTH End of Same This Same This t Last Same this Month Month Month Month i Month Month Month Last Last Last Year Year Year OTAL PERSONNEL 29 26 10.3 9.5 18.7 18.4 16.5 -HIEF'S OFFICE3 2 1.1 •9 1.a 1.8 1.1 iE'RVICES DIVIS. 7 7 2.4 2.6 4.6 4.5 4.4 ATROL DIVISION 16 14 5.7 5.0 10.3 10.3 9.0 TRAFFICDIVIS. ------------------------------- ----------- ----------- -------- ------- ------------- NVEST. SECTION 3 3 1.1 1 1.0 1.9 1.8 2.0 ORCE ONE 13 11 4.7 4.1 8.3 8.5 6.9 ORCE TWO 9 tt 8 3.6 2.9 5.4 5./ 5.1 ORCE THREE 7 1 7 2.0 2.5 5.0 4.2 4.5 CHANGES IN PERSONNEL DAILY AVERAGE PATROL STRENGTH 1. Present for duty end of last month 29 This Same Month Recruited during month 0 Month Last Year 3. Reinstated Turing month 0 1. Total number field officers 16 14 Total to account for 29 2. Less Agents Assig- 4. Separations from the service: ned to Investigat_ 0 0 (a) Voluntary resignation 0 3. Average daily abs- (b) Retirement 0 ences of field off- icers owing to: (c) Resigned with charges pending 0 (a) Vacation, susp- (d) Dropped during probation 0 ension, days off, _ comp. time, etc. 5.0 4.8 (e) Dismissed for cause 0 (b) Sick & Injured .7 .2 _ (f) Killed in line of duty 0 (c) Schools, etc. (g) Deceased _ 0 Total average daily • _ absences 5.7 - -- - 5.0 - - - - Total separations 0 4. Available for duty 10.3 9.0 Present for duty at end of month 29 - u Pape one TIGARD POLICE DEPARTMENT Monthly Report I. Calls for Service: This Month 579 Year to Date 1,081 A. Obligated Time 1,225.6 B. Non-Obligated Time 1,067.9 . II. PART I CRIMES %= No. Cleared Arrests A. Homicide 1 B. Rape C. Robbery 2 1 1 D. Assault 9 6 5 E. Burglary 17 2 2 F. Larceny 58 11 8 G. Auto The f t 3 2 1 Totals 89 23 17 III. PART II TOTALS 69 36 33 TOTAL - Part I and II 158 59 50 IV. TOTAL PERSONS CHARGED: 50 a. Adult Male 28 C. Juvenile Male 11 b. Adult Female 7 d. Juvenile Female - 4 V. WARRANTS SERVED 7 VI. TOTAL PROPERTY LOSS $ 35,067-58 TOTAL PROPERTY RECOVERED $18,947.55 VII. TRAFFIC a. Accidents Investigated 28 Injury Accidents 7 Fatal 0 b. Citations: VBR (Speeding) 20 Yield Right of Way 14 Following too Close 1 Red Light 29 Stop Sign 32 Improper Turn 11 Reckless DrivingLi,_ Careless Driving 9 Driving Under the Influence 16 Driving While Suspended 7 Other Hazardous 26 Non-Hazardous 123 Total Hazardous 166 C. Enforcement Index 23.71 d. Traffic Enforcement Totals Citations: This Month This Year 289 Year to Date 550 This Month Last Year 184 Last Year toDates Warnings: This ;;onth This Year 134 Year to Date 223 / This Month Last Year 68 Last Year to Date 157 ` NOTE: -- Part I Crimes (Major Crimes) Clearance Rate 25.8 Part II Crimes (Minor Crimes) Clearance Rate 52.20,13 ' V J, N CL D e s a! a f --------------- / t H e r7 Ir e r f i ifJ i-q�i%�i�j oiJ, y(�t� �V 7 i {n i �•d ■ D O < e i c i Ll 3 EA a is i i� ibVi�S`'1 1� l °� '' '� 11 j n o f •' c`' 1 �. 1 :a i a e > Ia s e e s e t I'�- 1�— i ; s = i� fir i�v. 4 nj i c• / H t ►�-3 ! � ii i i i ! i i� s �•�i iO t(1on 1 ■ t� ° ° i i ii i i e f s s e t �: n 7� • L r 1 0 /9 • t 1 1 ! t e�' t 0 t t td 0 t ■ / j _l 1Q —-/----it -4■ ie ------------- t t-`•� eW a�j n • t t • D t • e e e a a • • —_--C- a---4----+--- ----4-----------•---• � e et 1 • e i i o i i i e i ° i a i i D' MNG a o t a1 t • e e t r t D • a t ` • 1 ! a i e a i u a t t a l 1 • o e • e t� t r e s • � e r e1 1 e s $ � e o e • l a o s e ■ a / / e i e • a r : a o DIRECTED sr e f e / o e s ■ r PATROL i • e ee a 1 e • e l • a a D e • t. a s t -.. _--u_'- .. -D .. ._1_ -8_.._i___i__—a .{_- --- _...� l�� a t t1 t 1 D • a !('� t t a a 1 6 / r ! 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D e / n a a 1 / e e e 1 OFFICE s- i a to a s • • f a • • / r r • l.�---L --S- e_u---i—i---i....—i..�.^e.....�.M •--•tet--- e t a • a i f1 t a s 1 o a a e o a a e a o ■ e »_ —»'"---- r t}rq •a• u a a • D a / 1 a 1 • e e(� e0 e a / ADMINISTRA a�a a a u o a a t s e s o r 1 e • s /`-�G a a I� a�It a a i a a a • t 1 o I e u...._+___+—..—+---D----y---a---i•---a---e-•�--r---r---r---r---r---a---Y-------------- r s a a • f s / e 1 a f e . e a ■ / a s s Ie I s a a s / / 1 0 • o e a I a a COMMUNITY i e i ii i e s a i e i e i o o i a i e a RELATIONS ta e a u s a a l a 1 ! e f • • 0 a e e t ..--.,a_e-.-i,._..-aa•-.._•a-_••a-•-"e'^--!'---e'---r---r---r---r---r---r---r-'--r---r---a---Y-----------_--- e e i ii E C i i i e i i i i i c a e i REPORT e�a*.4 sfi�j Ii s a s s / l • • t� e / s o a ■ e n a , a os i c i l i I i I a s e • ■ I V'RITING -------------- 8 t a e • 1 f a I / a 0 ■ / s •a a u a i _ / a D a s e t a e e / • a o ASSIST a�1 i e` •l a s t + a a e / e� a • a a i ■ 1 a i u • i e a s e a o a • a 1 / e e i PUBLIC f e a 8D o D_.._.�__...s--_.a¢—_.a_.._e°.---tt----i----• i---^i°r---i----i----a n t e D -------------- ACADEMY ! - t 6 ■ t c----i----r---°---- ---z-------------- r t + l e is t t z i i i i i i i i i i o e j OTTER D t s n a D t a e s l 1 r FI et a • .2 o i i si i o i s � °� °�(/ ° �3 tQ�, / e t� •(�, fq_ _ a i a r TOT"I e�`e ae • e i s iv� i i^� iJ e� i i i� e� is s i }� HOURS e� ••� ea a • a t t I�D ' e0 /� a i • l r a 11 a s / f t r 1 s t • e 1 / • a f 1 a ! f 1 • e a 1 . a • :e o ! e o e t e a 1 ...._.f-----s----tr---r---r---r-----r---r---r---r ---r---r---i- �__r--i----r---°a—^—j--------------- •� e a D i(b a� aaQ o i NUMBER.OF cir DAYS WORKED s D e / i ■ e o y C7 �• O � � � '' � 1�, o r+ LTATIONS _RNINGS :SIST OFF. R_ JACCDT. C1 P. PERSON H C VEHICLEH CATIONS IEC KS HER - n 0 z - H N t j H 6 H C/] (13 C13 co cu crj cu E S 8 H V rCf. U2 rn V1 U) C.D C7 u C7 0 C.7 O CD Ol co ti N O 2 C') N r1 O r--1 - I A v 4-3 C�7 4-3 �1 4.3 b b N C) 00 X On 4.3 O 6r O •r1 CS CO Ca.. I O N 4-3 CD C a O W IH iO. z a C) w Cru ~ a. CO ?+ N •-� O N •.-i a) W 4-r W Q h U O a) cu Ut"C) cxj E-4 c x a o F P4 Q� OO ) 4--3 O U) O O 7 4-3 L1. H H co -i N O C) F O .1.3 p H N H O .-I W L O WE' a) U i O O .Uf Q ~ W 4-3 PQ Cu cU ~ U O a .a O U C [) tkc i F.cu H 4J .] 1 O L� A Oq U A H x H �pc O a, T EOS~ CU Cz. OCO O +� 1 x L. U N O S, 4-3 2 C/] A A cu N Sr OH m O O -14 (U al 'r"1 L) H L) N U .--1 'icu -3 a a W 0. U to ho cu ro C� H HJ,-) \ co co coH A CT01 �i CVC, CV N N N MEMORANDUM T0: City Council FROM: Public Works Director SUBJECT: Floodplain Compliance 6//ith FEMA Attached is a draft of an ordinance outlining changes in definition for the purpose of clarification to FEMA. This allows the intent of our ordinance to comply with FEMA needs. A f Any temporary structure which is not habitable and by its nature, can be readily removed from the floodplain area during periods of flooding, and which would impede or interfere with the flow of waters within the district, B (insert in alphabetical order in definition section) "habitable structure" means any structure usable for living purposes, which includes working, sleeping, eating, cooking or recreation or a combination thereof. A structure used only for storage purposes is not a "Habitable Strt:cture". s 18 . 57 . 040--18 . 57.060 18 . 57 . 040 Uses and activities allowed with a special use permit . The following uses and activities are allowed only by special use permit granted by the planning commission and based on the standards set forth in Section 18 . 57 .060 : (1) Within drainageways/greenways and steeply sloping lands : (A) Fill, grading, excavating, (B) Structures , (C) Off-street parking and maneuvering areas , access- ways and service drives located on the ground surface , (D) Roadways, bridges or utility facilities , (E) Removing any live vegetation other than poison oak, tansy ragwort, blackberry or any other noxious vegetation; thin the floodplain/greenways only: . A Any temporary structure which by its nature cannot Ebereadily removed from the floodplain area during periods flooding, and which would impede or interfere with the flow64 floodwaters within the district, (B) Any change in the topography or terrain which would change the flow of waters during flooding periods, or which would increase the flood hazard or alter the direction or velocity of the floodwater flow. (Ord. 79-73 §l (part) , 1979 : Ord. 79-46 §1 (part) , 1979 : Ord. 74-50A §1 (part) , 1974) . 18. 57. 050 Nonconforming uses. A use established prior to June 1, 1979, which would be prohibited by this chapter or which would be subject to the limitations and controls imposed by this chapter shall have nonconforming use status, and be subject to the provisions of Chapter 18. 68 of this code. The benefits of nonconforming use status shall not, however, be available to uses or con- ditions established or created in violation of any statute, ordinance, or law in effect at the time of establishment or creation. (Ord. 79--73 §1 (part) , 1979 : Ord. 79-45 §1 (part) , 1979 : _ Ord. 74-50A §1 (part) , 1974) . 18. 57.060 Special use permits. In accordance with the procedures and requirements set forth in Chapter 18. 84 of this code, an application for a special use permit filed as by said chapter stated may be approved or denied by the planning commission following a public hearing_ All applications for special use permits shall be sup- ported by the following information to enable the planning commission to determine whether the proposed use is located in the floodplain or drainageways district and if so, whether the proposal, if approved, will conform to the purposes and guidelines as set forth in this chapter. i 292-5 (Tigard 1/15/80) 18.57 .020 18. 57.020 Definitions _ In this chapter the following words and phrases shall be construed to have the specific meanings assigned to them as follows : (1) "Drainageways" are defined as those areas which convey significant seasonal concentrations of water over the surface of the land. (2) "Excavation" means mechanical removal of earth material. (3) "Fill" means any act by which earth, sand gravel, rock or any other similar material is deposited, - placed, pulled or transported, and includes the conditions resulting therefrom. (4) "Flood" means a temporary rise in stream flow or stage that results in water overtopping stream banks and inundating land adjacent to the normal flow of water through the stream channel. (5) "Flood hazard" means a danger to property or health as the result of inundation of the floodplain. (8) "Floodplain" means the relatively flat area or lowlands adjoining- the channel of a river, stream, water- course or other body of water which has been or may be covered by floodwaters within the area of applicability defined by the floodplain district. (7) "Floodplain district" means those areas within the City of Tigard inundated by the one-hundred-year regulatory flood. (8) "Grading" means any excavation or filling or combination thereof. (9) "Greenway" means all lands within the one-hundred- year floodplain of Fanno Creek and the Tualatin River and the lands on either side of natural drainageways as designated by t park board and comprehensive plan for preservation. (10) "Obstruction" means any dam, wall, embankment le vee dike, pile, abutment, projection, excavation, channel modifica- tion, bridge, conduit, culvert, building, gravel, refuse, fill, structure, matter or things of a similar nature in, along, or across or projecting into any channel, watercourse, or floodplain drainageway areas which may impede, retard or change the direction of the flow of water, either by itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry .the same downstream to the damage of health or property. `11) "Regulatory flood" means the flood used to define the outer boundary lines of the floodplain district. The maximum flood predicted to" occur within one hundred years. (12) Steeply sloping lands" means portions of the ground surface which have a slope of twelve percent or greater. 292-3 MEMORANDUM TO: City Council FROM: Planning Director RE: Electro-Sport Family Fun Center at Canterbury Square On September 14, 1981, the Tigard City Council reversed the Planning Com- mission's denial for a Conditional Use request by David Schlaht to operate an electronic game center at Canterbury Square. One of the conditions for the approval was a mandatory review after six months. We have contacted the City's Police Chief who informs us that no complaints have been received by his department regarding Electro-Sports. Further, no complaints have been received by the Planning Department or Code Enforcement Officer on this establishment. The conditions placed upon the Conditional Use are as follows: 1. Applicant obtain a sign permit. 2. If a "nuisance" is created as defined in Code Section 7.40, and the Tigard Police Department finds that the applicant is in part in violation of the Code, the applicant shall be brought before the City Council and may be subject to revocation of this Conditional Use. 3. 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. 4. Between Sunday and Thursday during the school year, persons under the age of 18 years must be accompanied by an adult after the hour of 9:00 p.m. Between Monday and Friday during the school year, persons under the age of 18 must be accompanied by an adult prior to 3:00 p.m. 5. Some form of bike rack must be provided. 6. Patrol will be provided by Electro-Sport of a litter barrel outside of the building. 7. Tualatin Rural Fire Protection District Fire Marshall shall review this proposal for fire life safety and the applicant shall correct deficiencies if they are found to exist prior to the issuance of an occupancy permit. 8. There will be mandatory review of this permit at the end of six months. 9. All rules of operation shall be posted conspicuously inside this establishment. The Tualatin Rural Fire Protection District Fire Marshal has checked the build- ing for fire-life-safety. He has determined that a maximum capacity of 50 should be set because there is only one exit. The Fire Marshal will assume responsibility for posting the sign. O'DONNELL. I DATE March 5, 1982 SULLIVAN & RAMIS 7TORNEYs AT LAW 17227 N.W. HOYT STREET g TO Tigard - WMI Industries File PORTLAND. OREGON 97209 (503) 222-4402 FROM Kr1E tA11R RE 1*1I Industries Business License Renewal I was advised by Billie Rawlings and Lt. Jennings that WII ' s business license, which was scheduled for renewal in December, 1981 , has expired because of the City' s refusal to renew it . WMI has a history of Green River Ordinance violations which have continued despite several citations issued against employees . The Tigard' s usual procedure in renewing business licenses is to mail a renewal application to the licensee each year during the month when its license expires . Bob Irwin, the former Code Enforcement Officer, instructed Penny not to send out the renewal form, apparently because of the violations and the pending City Council action on the business license revocation ordinance. A WMI representative telephoned Penny in January to inquire as to its license status and Penny informed him that she was not allowed to renew the license. 1JMI has noW operated without a license for about two months , but has not been cited by the police department. In order to correct the situation, I advised Penny to send a letter to WMI to give it the opportunity to reapply and pay its license fee. Penny advised me she would put WMI on a new calendar year from April 1, 1982 to March 31, 1983, send out the standard letter inform- ing a business that it is operating without a license and instructing it as to renewal procedures and advise WMI that the renewal fee must be paid before April 1. When the renewal fee is paid, the license will be issued. If the fee is not paid before April 1, then the Police Department will 1-e authorized to issue WMI a citation after that date for operating without a license. I requested Penny to let Bob Jean to review the letter before it goes out to WMI and requested a copy for our file. KME:dn 3/5/82 cc: Mr. Bob Jean Chief Robert Adams 4w WASHINGTON COUNTY,OREGON March S, 1982 W. M. I. Industries 10120 SW Nimbus Avenue - #C-1 Tigard, Oregon 97223 Gentlemen: City of Tigard Municipal Code 5.04 .030 requires all businesses operating within the city limits of Tigard to have a city license. Our records indicate this business as not having one. Enclosed is a license application. Please complete it and return it to this office with the proper fee of $24.00 so that we can process your license. The effective date of the license will be April 1, 1982 and will be valid through next March 31, 1983 _ Payment must be received in this office before April lst, 1982 in order to validate the license and avoid citations . Sincerely, Brad Roast, Code Enforcement Officer BR/pl 12755 S.W.ASH P.O. BOX 23397 TIGARD, OREGON 97223 PH:639-4171 WASHINGTON COUNTY ADMINISTRATION BUILDING- 150 N. FIRST AVENUE 1. HILLSBORO, OREGON 97123 0 (503) 6A8-8631 BOARD OF COMMISSIONERS ROOM 418 VIRGINIA DAGG,Chpirman LYELL GARDNER,Vice Chairmen JIM FISHER BONNIE L.HAYS LUCILLE WARREN March 10, 1982 Mr. Gene Ginther, Chairman Portland Metropolitan Area Local Government Boundary Commission 320 S. W. Stark; Suite 530 Portland, Oregon 97204 Re: Annexation No. 1766, 1817, 1818, 1819, and 1820 Dear Mr. Ginther: On March 1, 1982, Washington County' received notice of the above referenced annexation proposal with a request for comments to be presented to your office no. later than March 5, 1982. Due to the complexity, number of parcels, and size of the proposals, the Washington County Board of Commissioners has concerns and hereby requests additional time to discuss the matter with the City of Tigard. Your March 18th public hearing does not allow for time to submit written comments to your office before March 5, 1982 and still meet with the City of Tigard. The Board of Commissioners of Washington County requests that the public hearing on the subject issues be deferred for 30 days to allow the necessary discussion to occur with the City regarding the annexation of over 600 acres. If you have any questions or concerns, please feel free to contact Mr. Richard Daniels, Planning Director. Sincerely, Virgi agg, Cha' Board o issione for Washing County VKD:crm cc: Board of Commissioner. i Tigard City Council Bob Jean, City Administrator gn equal gpporruniry employer MAINTENANCE AGREEMENT DATED: BETWEEN: City of Tigard, a municipal corporation ("Tigard" ) AND: Koll/Intereal Portland, a general partnership ("Koll") Koll is the owner of a long term leasehold estate in I Koll Business Center, Tigard, a platted subdivision in Tigard which is described on the attached Exhibit "A" : (the "Park" , commonly known as Kofi Business Center-Tigard) . In order to provide lighting for the public and users and tenants in the Park, Koll has erected eight 27 '-11" Centrecon #MBO-8 . 5w/513 Finish Head type EMCO PSP-V SQ400-HPS-240-DB w/LU400 light fixtures ( the "Lights") on the east side of the public right of way of Nimbus Avenue as it traverses through the Park. Koll desires that the existing Lights on Nimbus Avenue re- main in perpetuity. In exchange for Tigard allowing them to remain on Nimbus Avenue, Koll will maintain all these Lights and, in addition, provide electricity for five of the Lights. The electricity for the remaining three Lights will be provided by Tigard. NOW THEREFORE, in consideration of the mutual promises of the parties set forth in this Maintenance Agreement (the "Agree- ment") , the parties agree as follows: SECTION 1 OWNERSHIP OF LIGHTS Koll hereby grants to Tigard all its interest in the Lights. Tigard agrees to allow the Lights to remain at their present locations on Nimbus Avenue in perpetuity. SECTION 2 MAINTENANCE Koll agrees and covenants, at its own cost, and during the term of its leasehold estate to reasonably maintain, repair and, when necessary, replace all Lights and provide electric power to five (5) of the Lights so long as Tigard allows the Lights to -1- remain on Nimbus Avenue. Koji agrees that it will cause light- ing of 22, 000 lumen along the public right of way, even if such lighting requirements are eliminated by the applicable govern- mental authorities unless otherwise specified by Tigard or some overruling governmental authority. SECTION 3 PUBLIC LIABILITY Koji shall obtain and keep in force for the mutual benefit of Koji and the City of Tigard general public liability insurance against claims for personal injury, death and property damage occuring on or about the Park and Nimbus Avenue for any damage arising out of the installation, maintenance, repair, removal or replacement of said Lights, in the following amounts: Property damage per person per occurrence $50,000 Bodily injury per person per occurrence 100,000 Aggregate recovery per occurrence 300,000 Koji shall provide the City of Tigard with a certificate of insurance with the City of Tigard named as additional insured. Koji shall save the City of Tigard harmless from any loss, cost or expense of any sort or nature to person or property arising from the intentional acts or negligence of Koji, its agents, officers, employees or invitees. This maintenance agreement is intended as a dedication of the Lights to the City of Tigard in perpetuity and, by agreeing to maintain the aforementioned insurance, Koji shall incur no addition- al duties or liabilities to members of the general public. SECTION 4 BENEFIT AND BURDEN Koll 's covenant to maintain the Lights pursuant to this Agree- ment shall benefit Tigard and shall burden the Park. The Park shall be held, sold and conveyed subject to the covenant contain- ed in this Agreement, which shall run with such property and shall be binding upon all parties having or acquiring any right, title or interest in such property or any part thereof. SECTION 5 OTHER PROVISIONS 4 .1 Binding Effect This Agreement shall be binding on the parties , their grantees, assignees, vendees and successors. -2- Y t 4 .2 Attorneys ' s Fees In the event litigation is commenced to enforce or interpret the provisions of this Agreement, including any appeal therefrom, the prevailing party shall recover from the other party, in addition to all other costs and damages, reasonable attorney' s fees as determined by the judge at trial or upon any appeal. 4. 3 Prior Agreements This document is the entire, final and complete agree- ment of the parties and supersedes and replaces all prior written and oral agreements made or existing by and between the parties or their representatives insofar as the Lights are concerned. 4.4 Waiver, Modification The parties may only waive or modify the terms of this Agreement by the execution of a written agreement. Waiver of a term of this Agreement for one event shall be a waiver for r that event only and shall not be a waiver of that term or of any other term of this Agreement. IN WITNESS WHEREOF, Tigard and Koll have executed this Agreement to be effective on the date first above written. APPROVED AS TO FORM TIGARD: By: City of Tigard By: KOLL: Koll/Intereal Portland, By: Koll Portland Assoc 'ates v:. The Koll Company By. -3- t STATE OF WASHINGTON ) COUNTY OF KING ) This is to certify that on thisj�day of 19 ';1 , before me, the undersigned, a notary public in an , or the State of Washington, duly commissioned and sworn personally appeared tic e3LV�iAvti , to me known to be a Vice President o T e Koll om an which corporation is a general partner of `` SScCa.c�-fie_ , a general partner- ship which general partners zp executed the within and foregoing instrument as a general partner of a general partnership, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned, and on oath stated he was authorized to execute said instrument. Witness my hand and official seal the day and year first written above. otar Pu lic in an or t e State of Washington, residing 1 l;r. at4yc ,c,Q v"N � „K„ SIgIHX3 --' 0 co u ca ca .J a2 d IL � -1— I FR 00 yjpts� — ; — a ca be �S, cc3o�4 � 1 U 1 O 1 u . I >oti g� d�^ �150. ,�Z �� U C) Ir w rrT- Q ��o 3 Z _a N Wtz s� ti .a LL `j1 F ,A O d N s 3 v O D a` O i rj Z to Q`d �► +_ %L�%LLa td d CL 1 � a •z- v�J ��: R v� oC C� 1 � ILId �' ash► a ;— fdc : � • \ qr qq J 4 h Z !Lt- �► 3 o x�N ut o cit Q on 4 - � �' r°-tCz U)Y��l 717.4�er � W� � 17. a cP e( 16 +tJ p- 0 o e y tu -+ r MEMORANDUM TO: City Council FROM: Public Works Director SUBJECT: RR pipe line crossing agreement This is an agreement for a storm drain .line crossing under Burlington Northern tracks for the 72nd Avenue project. I recommend the Council authorize the Mayor and Clerk to sign this agreement. _ BURLINGTON NORTHERN RAILROAD Room 1018 176 East Fifth Street INDUSTRIAL DEVELOPMENT AND St. Paul. Minnesota 55101 PROPERTY MANAGEMENT DEPARTMENT Telephone (612) 298-2121 March 17 1982 Re .-,,-----Station: Tigard, Oregon Permit : 240, 109 Date : March 18, 1982 Purpose : 36-inch storm sewer Pipeline crossing , Rental ; $200. 00 first 10 yrs . $100. 00 each 10 yrs,% thereafter Mr. Frank A. Currie Director of Public Works City of Tigard 12755 S.W. Ash Avenue Tigard, OR 97233 Dear Mr. Currie: In accordance with your application, we are pleased to enclose, in duplicate, the above mentioned agreement. Both copies of the agreement must be executed on behalf of the Mayor, attested by the City Clerk, and returned for execution on behalf of Burlington Northern Railroad Company. One fully executed copy will be returned to you for your record. Will you also kindly forward your check made payable to Burlington Northern Railroad Company to cover the rental as specified in the agreement. Very truly yours, �7 n - Thill L se Representative Enclosure MEMORANDUM March 17, 1982 To: Mayor and City Council From: Finance Director, Doris Hartig� � Subject: Bill Payment Requested The City Attorney's bill was received too late for processing with the other bills which are to be considered in the consent agenda. We respect— fully request that Council approve payment of $72844.85 to O'Donnell, Sullivan, & Ramis for the period ending March 9, 1982, lm t LEGAL SERVICES Control Actual Control Year to Budget Expend- Budget Date iture Actual 1981 July 6,903 6,903 1981 August 6,261 6,261 1981 September 5,525 5,525 1981 October 10,472 10,472 29, 161 29, 161 1981 November 8,270 10,934 37,431 40,095 1981 December 6,270 6, 133 43,701 46,228 1982 January 6,270 7,242 49,971 53,470 1982 February 6,270 7,844 56,241 61,314 1982 March 6,270 62,511 1982 April 6,270 68,781 1982 May 6,270 75,051 1982 June 8,595 83,646 TOTAL 83,646 -0- MEMORANDUM To: Mayor and City Council From: Finance Director/City Recorder Subject: OLCC Applications on March 22, 1982 Council Agenda Date: Marcn 18, 1982 The Chief of Police reports that the applications, as listed on the agenda, have been investigated by the Department and recommends approval. a; ' Avoid Verbal !•Messages CITY OF TIGARD To:_CHIEF_OF POLICE from: DORIS HARTIG Subj ec : OLCC RENEWAL, APPLICATION Date: March 16, 1982 Please investigate and have recommendation ready for March 22, 1982, Council meeting. Casa Pinata 11290 S.W. Bull Mt. Rd Tigard, Oregon 97223 Type of application: Dispenser Class C e � i Avoid Verbal Messages A-1 CITY OF TIGARD To: CHIEF OF POLICE From:__ DORIS HARTIG Subject:. OLCC RENEWAL APPLICATION Da to: March 5, 1982 Please investigate and have recommendation ready for March 22, 1982, Council meeting. Coco's Famous Hamburgers 10900 S.W. 69th Ave Tigard, Oregon 97223 Type of application: Restaurant Plankhouse 10935 S.W. 69th Tigard, Oregon 97223 Type of application: Dispenser Class A r LANAIS, AEBI & BAILEY, P. C. LAWYERS 1516 GEORGIA-PACIFIC BUILDING PORTLAND, OREGON 97204-1276 DAVID G.L4ND15 TELEPHONE 1503)224-6532 FRED M.AEBI JOE D.BAILEY JOHN C.MERCER JAMES M.CALLAHAN March 2, 1982 ANNA M.MORAN DAVID R.FOSTER VICKI HOPMAN YATES \ (�D REECLE- Mr. Bob Jean City of Tigard P. O. Box 23397 Tigard, OR 97223 Dear Bob: City of Tigard ,v. Paterson, et al I enclose the brief filed on behalf of the Patersons. We are now preparing a response. Very truly yours, Joe D. Bailey JDB/mr Enclosure 4 1 49 r, a 1 IN THE CIRCUIT COURT OF THE STATE OF OREGON 2 FOR THE COUNTY OF WASHINGTON 3 CITY OF TIGARD, an Oregon ) Municipal Corporation , ) 4 ) i Plaintiff , ) No. 42-368 5 ) VS. ) DEFENDANTS ' TRIAL 6 ) MEMORANDUM J. A. PATERSONand LERON ) 7 HEIGHTS INTERCEPTOR, INC. , ) 8 I an Oregon corporation , ) ) Defendants. ) 9 10 The contract involved in this action for declaratory i 11 judgment was made in 1964 by the City of Tigard and J. A . j 12 I Paterson , a real estate agent in the Tigard area. ' I 13 The contract first recites that Paterson had j 14 ! applied to the City of Tigard for sanitary sewer disposal I 15 i services to be rendered to unincorporated residential areas i 16 1 then in the process of being developed or planned for development I17 by defendant , and that the City has sewage disposal ca 2-cit Y 1 � 18 I° for sewage service to such unincorporated adjacent areas. i 19 The contract provides in essence that an interceptor 20 sewer shall be constructed by Paterson to the area designated j 21 and that -all costs of construction and easement acquisition i 22 shall be paid by him. Paterson is to keep a record of41 ' 23 I his costs and the amount thereof is to be indicated by 24 ! an addendum to the contract . Title to the sewer facility �- 25 I is to be in Paterson . i 26 Page 1 - DEFENDANTS ' TRIAL MEMORANDUM � i GEORGE E. BIRNIE i I Attorney of :ow 1 For each service connection made to Paterson ' s 2 interceptor sewer , Paterson is required to pay to the City 3 such charge as the City from time to time determines, but 4 not less that $250 each . Apparently , defendant collects 5 this charge from each applicant for the sewer service. 6 I The City can acgiiire title to the interceptor 7 sewer from. Paterson by any of the following methods : ( 1 ) 8 I the City can purchase the interceptor sewer from Paterson 9 at a sum equal to his construction costs less depreciation I 10 of one-third of one percent per month ; (2) the City will 11 automatically acquire title to the sewer, at no cost to I 12 j it, upon the expiration of 25 years from the date of the I 13 contract ; or (3) Paterson , at anytime during the 25-year i 14 term and at his discretion , may convey to the City legal i 15 title to the interceptor sower . No provision is made for 16 payment to Paterson upon his voluntary conveyance during 17 the 25-year term. I � I8 These provision; are contained in paragraph ( 2) 19 on page 3 of the contract and read as follows : 20 "The City shall linve the right and option to purchase the said interceptor sewer line and i 21 all easements and rights of way utilized therewith at anytime , at t1jo City ' s election , at the total 22 cost so reported, less depreciation at the rate of one third of ono percent per calendar month , 23 24 I {' 25 26 I Page 2 - DEFENDANTS ' TRIAL w . ..,..r.•A. .% � 1 "So long as the City does not exercise the said option, the said sewer line shall continue in 2 private ownership, but in any event , said inter- ceptor sewer line, together with all easements 3 and rights of way , shall become the property of the City at the expiration of twenty-five 4 ( 25) years from the date hereof , without charge to the City . The Contractor may at his discretion $ convey the interceptor sewer line and all rights therein over to the City of Tigard at any time 6 on or before twenty-five years. " 7 Paragraph ( 3) on page 4 of the agreement provides 8 that additions to the defendant ' s interceptor sewer line 9 cannot be connected to sewer facilities of the City: 10 "until the owner of such mains or lines has entered I into an agreement with the City granting to the ! 11 City the right to purchase the said line or to become the owner thereof on the same terms and I 12 conditions as herein set forth, or other terms ? 13 acceptable to the City Council . " 14 All of the foregoing, contained in paragraphs IS (2) and ( 3) of the contract plainly show that title in 16 the sewer line is vested in Paterson ; that title shall 17 pass to the City upon the expiration of 25 Sears from the 18 j date of the contract; that at an time I y prior to the expiration 19 I ` of the 25-year period the City has the right and option 20 to purchase the sewer line for a price equal to defendant ' s ! 21 costs of construction less depreciation ; that as long as 22 the City docs not exercise its option to purchase, title 23 to the sewer line remains in defendant until the 25-year I 24 period has expired; and finally , that defendant at his I 25 disecreton m;iy without charge convey the sewer line to i i 26 the City . This is the complete inventory o-f methods by - i Page 3 - DEFENDANTS' 'TRIAL MEMORANDUM � GEORGE E. BIRNIE Atom y of Low AmeiicuSank B-1d,nQ I which title to the sewer line can pass to the City . The 2 intent is clearly stated. 3 The City however maintains that the contract 4 provides an additional means by which title may pass to 5 the City . It points to paragraph ( 1 ) d. which provides : 6 ( "To amortize Contractor ' s investment in said interceptor sewer line , Contractor shall be 7 entitled to assess a-nd collect not to exceed $150 .00 for each service connection authorized 8 hereunder during Contractor ' s ownership of the interceptor sewer line. " 9 10 This clause appears to be completely independent I 11 j of the paragraph (2) and ( 3) provisions which so clearly 12 II! set forth the right and duties of the parties. The City i3 I is asking the Court to read into this clause additional 14 I provisions - that ' the acquisition price to be paid by the 15 I City would be reduced by the number of service connection 16 I charges to the sewer collected by defendant, and that title 17 I would pass to the City free of additional payments . I 18 This clause actually does not impose any obligation 19 on the part of Paterson . It. merely permits him to collect 20 I the $150.00 service charge for each service connection I 21 and to do so as long as title to such facility remains 22 in h-im. No additional meaning can be given to this plain 23 language. The contract imposes no limitation on the number ! i 24 of service connection charges which Paterson may be paid. j 25 It will be noted that permission granted to collect � ii 26 connection charges s not in any way tied -'to the provision I Page f 4 - DEFENDANTS ' TRIAL MEMORANDUM GEORGE E. 6iRNIE Attorney of low Arneson buak R..0d-g I I permitting the City to purchase the interceptor sewer line 2 and to gain title at the elapse of 25 years. Furthermore 3 there is no provision requiring defendant to account to 4 the City for the $150 .00 service connection charges which 5 it has collected. 6 To hold for the City in this action would require 7 the court to read into this contract a provision which 8 the contract does not contain . 9 This is a contract between a city and a businessman . 10 The businessman was required to spend the money to construct 11 i an interceptor sewer. The City could acquire the sewer 12 facility after the expiration of 25 years without any cost i 13 i to the City and the businessman , in the interim, was required 14 j to pay all costs of maintenance of the sewer facility. 15 A businessman enteres into a contract to earn 16 a profit . There is no profit in a sale to the City for 17 a price equal to the businessman 's costs less depreciation , 18 nor is there any profit at the end of the 25-year period 19 when title must automatically pass to the City . The contract 20 has no provision for profit other than the service connection 21 ! fee of $150 .00 . On the other hand, the City is not prohibited 22 II from making "a profit. It was not required to invest any 23 I money in the interceptor and at the end of the 25-year I 24 period would receive title to the interceptor sewer free { 25 of charge . Furthermore , under this contract , the City 26 has earned $250 .00 for each service connection made by defendant . Page j 5 - DEFENDANTS ' TRIAL MEMORANDUM GEORGE E. Blt•NIE Attorney a low American Co n4 Building Portlond.Oregon 97205 I On page 4 of its trial memorandum the City states 2 its position to be as follows: 3 "It is the position of the City that when the Agreement says that its purpose is to permit 4 I the defendants ' to amortize contractor ' s investment in said interceptor serer line ' (Exhibit A , Paragraph 5 ( 1 )d. ) and 'to amortize the cost of the construction ' (Exhibit B, Paragraph ( 3) ) , it makes $84 ,431 . 32, 6 the agreed cost of the construction , the maximum recoverable . " 7 8 This argument is not sound for the following I 9 i reasons: I 10 If , as the City states , the word "amortize" ! I 11 means that Paterson 's price to the City for its purchase ! i 12 1 of the interceptor is reduced by the connection charges , i I I 13 1 the City has not used the word amortize correctly . I 14 f In the decision of Applestein v. Royalty Realty 15 i Corp . , 181 Md 171 28 A2d 830 the Court gave a brief history 16 of the word amortize as follows: ! 11 "The word amortize was originally used to describe the passing of land into the dead hands of the 18 church from which it could not extracted . It ! gradually came to apply to the extinguishment 19 of a debt by providing a sinking fund which would gradually kill the obligation . The word was 20 ! later applied to the partial as well as the complete extinguishment of a debt and it is 21 i sometimes defined as meaning 'reduced ' . " 22 But here there is no indebtedness. Paterson 23 ! is not indebted to the City , .nor is the City indebted to I 24 Paterson . There is nothing to amortize . To give the Ii 25 II meaning offered by the City to this word would torture 26 its plain ineaning and its application . ! Page 6 - DEFENDANTS ' TRIAL MEMORANDUM 1 GEORGE E. BiRyIE Attorney of:ow I Am.,k.0 Bonk S-Idmg ----- - - - ._ Portfond•Oregon 97205 I 1 2. The contract was prepared by the City Attorney 2 for the City of Tigard who was acting only in behalf of 3 the City and did not, in this connection , represent Paterson . 4 There are a number of decisions in Oregon holding that 5 any ambiguity in the language of a contract must be construed 6 against the party which drew it . Meskinen v. Larry Angell 7 Salvage Co. , 286 Or 87, 592 P2d 1014 ( 1979) and Russell 8 v. Sealed Power Corp . , 278 Or 243, 563 P2d 712 (1977) . 9 3. As shown above, the City carefully stated 10 that title to the interceptor was in Paterson and then i 11 i with equal care and attention to detail , set forth the 12 methods by which title to the interceptor would pass to 13 the City (elapse of 25 years, gift by Paterson , option 14 I to purchase by City) . There are no other events by which 15 title could pass. 16 4. City 's position would in effect insert a 17 new provision in the contract to the effect that title 18 would pass to the City when the $150.00 connection charges, s 19 paid to Paterson , equal Paterson ' s costs less depreciation . 20 I The court has no authority to read into a contract a provision 21 i which such contract does not contain. Such is the rule 22 ' of construction of contracts followed by the Oregon Supreme 23 Court in the decision in George H. Buckler Co. v. Hood 24 ! River County , 218 Or 293 , 341 P2d 555 ( 1959) . The Court l 25 ( said on page 303 of the decision : i 26 Page i 7 - DEFENDANTS ' TRIAL MEMORANDUM ! GEORGE E. B�RNIE Attorney at!ow Am;rk.n Punk Bvltd,ng I "This Court has no authority to read into a contract a provision which does not appear therein nor 2 to read out of it any portion thereof . " 3 5. Silence on the subject of a right which the 4 drafter of the contract later contends that he has is usually. 5 fatal to his contention unless such right is one which 6 necessarily results from the other terms of the contract . 7 See decision in Derenco v . Benjamin Franklin Savings and 3 I 8 Loan Association , 281 Or 533, 577 P2d 47 in which this 9 rule of construction is applied. I 10 6. If , as contended by the City , title to the 11 interceptor would pass to the City upon Paterson ' s collecting 12 from connection charges the sum of $84 ,431 .82, the City 13 would have inserted a provision that title to the interceptor 14 would pass to the City by the City paying to Paterson the I 15 difference between the collections made to Paterson and 16 the sum of $84 ,431 .82. The fact that no mention is made 17 of this contingency is further evidence that the parties 18 I never intended to apply connection charges, received by 19 Paterson , to reduce the price to be paid by the City when . 20 seeking to acquire title under other provisions of the i 21 contract . 22 The contract is without ambiguity . There is 23 actually no occasion to apply the rules of construction i 24 as provided by our court and the statutes . The contract 25 has been in existence for more than 17 years and only within i 26 the last year has the City tilade any complaint concerning Page j 8 - DEFENDANTS' TRIAL MEMORANDUM ! GEORGE E. BIRME I Allo'""of low ± American Bono B.Ideng D...•I..... !1•.n.. OTT[ i r 1 its rights. 2 We will respectfully submit that the judgment 3 of this Court should be that giving a construction to the 4 contract as urged by defendants. 5 6 Respectfully submitted , 7 8 /s/ George E. Birnie George E. Birn ie 9 Attorney for Defendants O. S.B. #37003 10 11 12 j 13 1 14 i 15 16 17 18 19 20 21 22 i 23 24 l i . .25 26 page 9 - DEFENDANTS ' TRIAL MEMORANDUM GECRGE E. B111J1E I Anomey of tow ATefK o7 Sonk 8.0ding P'1111--d,Qre4on 97205 s February 18, 1982 MEMORANDUM TO: City Council FROM: Frank A. Currie, Public Works Director SUBJECT: Tigard Town & Country Days I have met with Mr. Joe Schafer and other members of the TT & CD Committee to discuss their concerns relative to the TT & CD celebration, and the facilities at Cook Park. The following items, with comments, were discussed: ITEM COMMENTS Beer Garden fencing City paid $220 in 1981 to Security Contractors Service for fencing around the beer garden. Chemical toilets City paid $182.50 to Schultz. Park crew time 81 total straight time hours - cost 824.58. Police Department time 51.7 total straight time hours - cost 625.05. Electrical needs TT & CD wants to help install a permanent electrical panel instead of paying 400(plus) each year for temp. installation. City will get an estimate of the cost. This is a general need and a good idea. Insurance TT & CD pays for a rider to our policy. Relocate fence for pasture City staff will attempt to get permission to move parking fence and park in pasture as has been done in previous years. Est. cost $200.00. Soccer field parking Committee asked for soccer field parking. Not practicable as we would incur too much damage. 92nd Avenue parking We need street side parking. We could fill in the ditch and widen it for parking along west side of 92nd. (Est. cost $300.00) Carnival at west end of Committee wants to allow a carnival at the west parking lot end of the parking lot adjacent to the new restrooms. We should advise them that we are looking at T.U. standards for carnival type activities, particularly relative to safety requirements. INFORMATION ONLY . TIGARD TOWN AND COUNTRY DAYS P.O.BOX 23881 D TIGARD.OREGON 97223 i January 2$, 1982 .Mayor Bishop and Members of the City Council, Let me thank you for the opportunity of coming before you tonight to outline some of the plans of the Tigard Town and Country Days Committee ; for the 1982 Festival. I wish to express the committee's gratitude for financial assistance from the city council, cooperation of the Tigard Police Department, and the Public Works Department personnel prior to and during the 1981 festival. The assistance of those persons greatly helped the committee in staging the event. On another subject, _recently there had been some suggestions from various business and community individuals, suggesting the festival be moved back into the city to provide more visibility, shorter distance, and greater accessibility. In response to these suggestions, a joint effort between the Chamber of Commerce and the Tigard Town and Country was made to meet at the Tigard Senior Citizens Center. The results of that meeting were to conduct a survey of :the downtown merchants, relating the possibility of closing Main Street two to three days. Of 26 businesses polled, 20 • proprietors disapproved of the idea. This therefore, necessitates a re- evalaution and further community input. As you well know, the problem with Cook Park is the lack of parking. There have been rumors tYa t the city one day will acquire the pasture land east of the access road adjacent to Cook Park. The Tigard Town and Country Day Committee feels most strongly that the success of the festival depends on parking availability adjacent to the park activities. The Committee can not depend on the benevolence of the school bus firms to transport persons to the park. Your suggestions and solutions to this primary problem would be greatful. As in years past, the Tigard Town and Country Days Committee, would like to request Councils continued support for the Beer Garden, funding for the fencing, chemical toilet facilities in the park, as well as Tigard Police and Reserve assistance throughout the festival. The Committee strongly suggests the elimination of the Pinkerton services which would be' a budgetary savings. The effectiveness of the this services does not warrant the expense. We would also ask continued support for the insurance rider through the City of Tigard. A NON-PROFIT ORGANIZATION TIGARD TOWN AND COUNTRY®AYR P.O.BOX 23681 �0 TIGARD.OREGON 97223 Proposal Tigard City Council 1/25/82 Every year the committee has spent monies to provide temporary electrical outlets for lights, booths, speaker systems and other needs which generated a cost annually of $415.00. We feel it is the time for permanent electrical installations. The Committee would then suggest a shared expense with the city so that this could be implemented. In response to the parking problems, the Committee has made contact with a firm to provide horse driven wagons to assist with transportation to & from the parking areas. Should this be approved, permission from the Council is requested for overnight arrangements- for the horses in the park vacinity. The Committee as usual, hopes to expand the festival, providing expanded activities and entertainment. In addition to the customary activities, it is hoped to provide carnival rides at the park, as well as, the antique car show. We hope that we can count on the support of the City Council as in years past. Sincerely, Joe Schafer President i A NON-PROFIT ORGANIZATION 3/18/82 City Of Tigard i. Tigard City Council Ref: Conditional Use CU 4-82 - Pygm.Tlion Flowers Attached please find a rough diagram of the property located at 12035 SW Pacific Hwy. All of us (the City, the property owners, and the tenants) agree that the intersection of Pacific Hwy and Greenburg Rd. does have traffic congestion problems - and we all agree that something needs to be done with the property to help facilitate proper ingress and egress. Pygmalion Flowers, the property owners, and the other tenants agree with the Planning Commission and take exception to the staff report recommending closing off two access points. We feel that eliminating two access points would actually cause a more dangerous situation to exist, that it would greatly lower the value of the property, and that it would restrict and constrain the business activities of the existing tenants. We, along with the Planning Commission feel that signs directing traffic flow (entrance only, exit only, right turn only - see attached diagram) is the best plan for the property. Further; to follow the staff report's recommendations would cause Greenburg Rd. to become six feet more narrow than it's present width - thus eliminating the right turn only lane onto Pacific Hwy. (see attached diagram) Again - we all agree that something needs to be done - let's work together towards a common solution. But please - in the meantime - allow Pygmalion Flowers to open for business. The City of Tigard has issued us a business license and the Planning Commission and the City Planner told us that 2_t was alright to go ahead with our plans. We negotiated a lease agreement and we have made extensive purchases and we have committed to-certain outlays of capital. This situation is costing time and money to both us and the City of Tigard. Together we will find a solution - let us open our business while a solution is being enacted. S Sinecerely, ,j XalionFlowers ire ry Q `l i / \ / i r MEMORANDUM TO: City Council FROM: Planning Director RE: Resolution re: Apeal of St. Anthony's Kelly Center The Planning Director request that the following be added to the Resolution under Action, page 5, number 6, as (c) : (c) Have applicable LID petition completed and signatures on all non-remonstrance agreements prior to issuance of building permits. i O'DOfVN ELL. DATE SULLIVAN a RAMiS March 10 , 1982 ATTORNEYS AT LAW 1727 N.W. HOYT STREET TO Loreen Wilson , City Of Tigard ( (� r PORTLAND. OREGON 97209 i 15031222-4402 FROM: Ed Sullivan, City Attorney RE RECEIVED MAR 1 5 1982 Attached please find my best recollection of the conditions imposed by the City Council at its meeting of March 8 , 1982 regarding the St. Anthony's Kelly Center application. You should note that these conditions should be signed off, not only on the part of St. Anthony's, but also on the part of the Archdiocese of Portland, which holds title, I understand, to the entire St. Anthony' s property. I added a further condition to condition No. 10 so that if the access to Hwy. 99W were closed off, the applicant would have to address alternative access as part of the internal circulation plan. Additionally, I made such a plan itself subject to site design review procedures. Please let me know of any changes you may find necessary in these conditions no later than 9: 00 a.m. , March 15, 1982 . If no changes have been submitted to me by that time, I will prepare a copy of the final order for inclusion in the council packet of March 18, 1982 for council consideration on March 22 , 1982. Thank you for your assistance. cc: Frank Currie Liz Newton Bob Jean Dennis Henninger EJS:mch 3/10/82 O'DONNELL, SULLIVAN & RAMIS DATE' March 10 , 1982 ATTORNEYS AT LAW 1727 N.W. HOYT STREET TO Loreen Wilson, City Of Tigard PORTLAND, OREGON 97209 15031222-4402 FROM Ed Sullivan, City Attorney RE SDR 26-81 (St. Anthony ' s Church) You asked me to draft a set of amended conditions reflecting council action at its meeting of March 8 , 1982 in the above- entitled matter. As I understand them, those conditions are as follows: 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 nonremor_strance 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 this permit, whichever is later. EJS:mch 3/10/82 - Page 1 O'DONNELL. DATE. March 10, 1982 SULLIVAN & RAMIS ATTORNEYS AT LAW 1727 N.W. KOYT STREET TO Loreen Wilson, City of Tigard PORTLAND. OREGON 97209 15031222-4402 FROM. Ed Sullivan, City Attorney RE: SDR 26-81 (St. Anthony' s Church) 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 specifi- cally address issues of accessibility, safety, and aesthetics. EJS:mch 3/10/82 - Page 2 li MEMORANDUM TO: City Council FROM: Planning Departmen • SUBJECT: Revision of Existing Urban Planning Area Boundary A request for annexation has been submitted to the City regarding a portion of the area west of 135th Street and south of Lower Scholls Ferry Road. How- ever, before this annexation can be considered by the City and County, the annexation area must be located within Tigard's Urban Planning Area. Although the annexation area does not include the entire triangle area west of 135th and south of Lower Scholls Ferry Road (it does include 70% of the land area) , staff believes that it is logical to include the entire area into Tigard's Urban Planning at this time. (see map attached to Resolution) The City is also in the process of updating its Urban Planning Area Agreement with Washington County. Attached is a draft copy of the revised agreement. Staff believes that this draft should be expanded to include more specific definitions regarding City and County responsibilities, and therefore, we'll be revising this draft. Staff is requesting that the City Council review the draft copy and use it as a study draft. Any suggested changes for this agree- ment will be discussed within the next month. r DRAFT PF ;P4T ]DRAFT 4_1'' WASHINGTON COUNTY - TIGARD URBAN PLANNING AREA AGREEMENT THIS AGREEMENT is entered into this day of 1982, by WASHINGTON COUNTY, a political subdivision of the State of Oregon, herein- after referred to as the "COUNTY" and the CITY OF TIGARD, an incorporated municipality of the State of Oregon, hereinafter referred to as the "CITY". WHEREAS, ORS 190.010 provides that units of local government may enter into agreements for the performance of any or all functions and activities that a party to the agreement its officers and agents, have authority to perform; and WHEREAS, Statewide Planning Goal #2 (Land Use Planning) requires that oppor- tu"ities for review and comment by affected governmental units on plans and implementation ordinances shall be provided; and that city, county, state and federal agency and special district plans and actions shall be consistent with the comprehensive plans of cities and counties and regional plans adopted under ORS 197.705 through 197.795; and WHEREAS, Chapter 655, Oregon Laws, 1977, empowers the Metropolitan Service District, hereinafter Metro, to adopt land use planning goals and objectives for the district, review comprehensive plans adopted by cities and counties within the district and require changes in any such plan to ensure that the plan conforms to the goals and objectives, and coordinate the land use planning activities of that portion of the cities and counties within the district; and WHEREAS, the Oregon Land Conservation and Development Commission policy dealing with Urban Planning Area Agreements for the Metro Region requires each jurisdiction requesting Acknowledgment of Compliance to submit a statement setting forth the means by which a plan for management of the unincorporated DRAFT ;,. I Y, area within the regional Urban Growth Boundary will be implemented; and WHEREAS, the COUNTY and CITY, to ensure coordinated comprehensive plans, compatible land uses and the orderly conversion of urbanizable land to urban uses, consider it mutually advantageous to establish: 1. A site specific Tigard Active Urban Planning Area, in the unincorporated land around the CITY and within the regional Urban Growth Boundary, within which both the COUNTY and the CITY may formally review and comment on potential land use actions of mutual interest; and 2. A process by which land use conflicts in these areas may be resolved. NOW, THEREFORE, THE COUNTY AND THE CITY agree as follows: 1. Intent of Agreement a. The City of Tigard and Washington County hereby agree to establish a procedure for the implementation of the Tigard Active Urban Planning Area and the plan for Tigard's "Area of Interest", both of which form an integral part in the implementation of the City of Tigard's Comprehensive Plan and the Washington County's Comprehensive Plan. For purposes of this agreement, the Tigard Active Urban Planning Area shall be defined as the area between the Tigard city limits and the Tigard Urban Planning Area Boundary. And, Tigard's "Area of Interest" shall be defined as the area between Tigard's Urban Planning Area Boundary and Washington County's Urban Growth Boundary. The Tigard Active Urban Planning Area and "Area of Interests" are incorporated herein by reference as Exhibit "A". b. The procedures for implementation of the Tigard Active Urban Planning Area and "Areas of Interest" shall be as specified hereinafter in this agreement. -2- DRAFT { c. The provisions of this agreement, the City of Tigard Comprehensive Plan and the Tigard Active Urban Planning Area implementing or- dinances as amended, shall establish the procedure for review and action on comprehensive plan amendments, implementing ordinances, land use actions, public improvement projects and other related matters which pertain to the Urban Planning Area. d. All actions as specified by this agreement shall. be taken to assure the City and County Comprehensive Plans remain consistent and coordinated with each other. 2. Location of Urban Planning Areas a. The Tigard Active Urban Planning Area defined mutually by the COUNTY and the CITY includes the area designated on Exhibit "A" of this agreement. Within the Tigard Active Urban Planning Area, there are seven (7) existing Neighborhood Planning Organizations (NPO) . Active Urban Planning Area boundaries may be changed by amendment. (See Section 6 below) b. The City of Tigard has an "Area of Interest" to include that area south of Old SW Scholls Ferry Road, east of the existing Washington County Urban Growth Boundary, north of City of King City and that area between King City and the Tualatin River, and west of Tigard is present Urban Planning Area. C. The City of Tigard recognizes the City of King City's interests in the following areas: (1) south of SW Beef Bend Road, east of SW 131st Avenue to the existing King City jurisdiction of limits; and (2) south of SW Fisher Street, east of SW 131st Avenue, north of Tualatin River and west of SW Pacific Highway #99. Additionally, the City of Tigard recognizes the City of Beaverton's -3- DRAFT r �• existing primary and secondary planning areas. Beaverton's primary planning area includes that area south of SW Hall Boulevard, west of SW Greenburg Road, east and south of Highway #217, and north of SW Lower Scholls Ferry Road to the north side of Section line 35 west to the Washington County Urban Growth Boundary. Beaverton's secondary planning area includes that area south of Section line 35 to SW Scholls Ferry Road west to the Washington County Urban Growth Boundary. 3. Correlation of Land Use Plans in Urban Planning Areas a. The COUNTY'S Comprehensive Plan and implementing ordinances are the legally binding land use regulations in unincorporated Urban Planning Areas, in conformance with the statewide goals, and the MSD Goals and Objectives where applicable. b. At the time of this agreement, the CITY and COUNTY have found certain inconsistencies beween each others respective Comprehensive Plans. Resolution of such inconsistencies shall be as provided in the following paragraph. C. The CITY and COUNTY recognize the necessity of achieving consistent Comprehensive Plan designations and nomenclature in the Urban Planning Area. GoYtre 'S'e�r��c.5�� The County Plan within the Tigard Active Urban Planning Area 4s reflect the City Comprehensive Plan designations and 4!� include the City's supportive data and findings. Nothing in this agreement is intended to pre-empt citizen involvement in the adoption process, nor the ability of an individual to utilize City or County procedures for amendments to the respective Comprehensive Plans. d. It is further included in this agreement that the COUNTY and CITY will -14- DRAFT continue to mutually recognize the Metzger/Progress Community Plan, adopted by Washington County in March of 1980, and allow for the future review of the plan by both the County and City to ensure compliance with County and City goals and objectives and LCDC goals and guidelines. (An eighth (8th) NPO will be established for the Metzger area once it is incorporated into the Tigard Active Urban Planning Area. ) 4. Review of Proposed Land Use Actions a. The City shall have exclusive jurisdiction for all land use matters, in- cluding comprehensive plan map changes, zone changes and public improve- ment projects for lands within the City Limits. Provided, however, where it appears that any land use matters will have a substantial effect on lands outside the City Limits, the City shall notify the County of the proposed changes and afford the County the same opportunity for review as set forth in Section 5 of this agreement. b. The County shall have zoning and development jurisdiction for all areas within Tigard's Urban Planning Area and exclusive jurisdiction for all land use matters within all "Areas of Interests" declared by the City of Tigard. The County shall notify the City of all development proposals and all proposed changes and afford the city the same opportunity for review as set forth in Section 5 of this agreement. C. Following staff review, the applicable jurisdiction shall set a date for a public hearing on the proposed change in accordance with their existing zoning ordinance requirements. 5. Implementing procedures for review of land use actions by either jurisdiction of this agreement a. All amendments to the text of the Tigard Active Urban Planning Area and implementing ordinances which are applicable solely within the Tigard -5- � w $i.lh DRWICT City Limits shall be within the exclusive jurisdiction of the City. b. An amendment to the text of the Tigard Active Urban Planning Area Plan and L,;lii and implementing ordinances which applies to lands both withirytheC,i" '01AS s�\! �je ex�►ae�.�e�a r. accae�r�Ao.�n� wc�n � following procedures: "The City or County, whichever has jurisdiction over the proposal, hereinafter the originating agency, shall submit a copy of the pro- posal to the other agency, at the earliest opportunity, but no less than 14 days prior to the date the originating agency's staff report must ue in final form. Such notification shall be by cer- tified mail return receipt, in order to guarantee notification has been properly given to the responding agency. The originating agency will not proceed with a land use action without the receipt demonstrating proof of notification according to the time require- ments of this section. If the proposed land use action would create an inconsistency between the City Comprehensive Plan, additional review time may be requested to allow completion of a joint study. (1) The agency receiving the referral may respond at its discretion. Comments returned to the originating agency should be in written form, no less than 7 days prior to the date the originating staff report must be in final form. Oral response may also be made at the time action is taken. Lack of response shall be considered "no objection" to the proposal. (2) Comments from the responding agency shall be given consi6eration as a part of the public record on the proposed action. If, after such consideration, the originating agency acts contrary to the position of the responding agency, the agency may seek administrative appeal of the action or other appeals as may be available. C. The City and County shall have standing to appeal all map amendments -6- iDnATT �l:3r of the Tigard Urban Planninlr, Area Comprehensive Pl-+n anis irr;pl(�- inenI,ing or•dinanc �s enacted by the oth--r• Jurisdir � , )rt:' r.. tr: : .... Use Board of Appeals or ,,ppr•opriat.e appellirte bo,ii 6. Amendments This Agreement and the Urban Planning Area may be amended only by th,_ rmatual written concurrence of both parties. The parties will jointly review this Agreement two years from the data of execution to evaluate the effectiveness of the administration of the processes set forth herein and to make any necessary amendments. 7. Special Projects a. Annexations to the CITY within the Tigard Active Urban Planning Area will not be opposed by the COUNTY. b. Annexations to the CITY outside of the Tigard Active Urban Planning Area and inside Area of Interest, will not be supported by the COUNTY or CITY, unless mutual agreement has been made between the CITY and COUNTY to modify the existing Tigard Active Urban Planning Area described in Exhibit "A". C. The CITY and COUNTY will cooperate in planning for urban facilities and finance of those facilities. d. The COUNTY will not approve a land use proposal in the Tigard Active Urban Planning Area :.f the CITY presents evidence to show that the proposal would not facilitate an urban level of development or in the future upon annexation to the CITY. This Agreement commences on 1982. 1 -'7- IN WITNESS WHEREOF The parties have executed this Urban Planning Area Agreement on the date set opposite their signatures. CITY OF BY ATTEST: WASHINGTON COUNTY BY Chairman, Board of County Comm. Recording Secretary a i -8- / I JAMES F. TEASDALE & ASSOCIATES LAND USE/PROJECT DEVELOPMENT/PUBLIC AFFAIRS 5802 N.E. MALLORY PORTLAND, OREGON 97211 TELEPHONE: (503) 283-5266 PGG- NEl7 E'„t March 5 , 1982 Mr. Bob Jean City Manager City of Tigard P. 0. Box 23397 Tigard , OR 97223 Dear Bob : Russ Kruger and I want to thank you again for taking time during the busy budget preparation period to discuss his annexation petition and other land use planning matters in the Tigard area . We appreciate the City moving expeditiously to amend its Urban Planning Area Agreement with Washington County . We hope that the City Council will support the proposed expansion of the active plan area at the March 22nd meeting . We plan to attend that Council session in case there are questions regarding his property. Assuming the Council acts positively on March 22nd , we also hope that the City will schedule an annexation resolution for Russ ' s property some- time in April . This would allow us to petition the Boundary Commission for a position on their agenda within the next three month period . Sincerely yours , &4zo a es Teasdale ROME r, a i WASHINGTON COUNTY ADMINISTRATION BUILDING— 150 N. FIRST AVENUE HILLSBORO, OREGON 97123 BOARD OF COMMISSIONERS March 11, 1982 COUNTY COU14SLL tntirn aut VIRGINIA DAGG,Chairman ",U3l U48 8747 LYELL GARDNER,Vice Chairman JIM FISHER BONNIE L. HAYS LUCILLE WARREN Wilbur Bishop, Mayor Tigard City Hall P.O. Box 23397 Tigard, Oregon 97223 Dear Mr. Bishop: As you know, Washington County has a Service District for Vector Control. The District was formed by a vote of the people in 1975 but the voters have not authorized a tax base. The Board of Directors of the District (the Board of County Commissioners) is considering placing a three-year serial levy on the primary election ballot. This would enable the Dis- trict to begin controlling or eliminating the vector problems known to exist in the County. In 1980 several cities consented to annexation to the District. Your City chose not to be annexed at that time. The Board is desirous of learning whether your City is now interested in District services. This information would be useful to the Board in determining the future of the District. It is vir- tually impossible to complete any annexations before the May election. Nevertheless, if you desire, the Board would initiate those proceedings under ORS Chapter 199 . In the 4 _ interim, District services could be made available on a con- tractual basis. Accordingly, I would appreciate receiving your input as soon as possible so that I may advise the Board. Also, please be advised that the Board will hold a public hearing on March 23, 1982 at 7:00 p.m. to discuss the serial levy proposal. The Board may adopt the proposal and a ballot title at that hearing. Any input you wish to provide at that time also is welcome. Very truly yours, 41. e4�en Dan R. Olsen Assistant County Counsel DRO:dee cc: Commissioner Lucille Warren an equal opportunity employ-er r — 1 _ A � -i is 7 P �s _ e�.i„''�I�aw�:;�ppA °t�� ��N�,.,.� �•e �t� EYd �c-7�1f�r,.�# � 6 � t 'v K'��i �v.�,� � � P �Y-�y �5v� Yc�S �`e� ts:'.'• Isdd �-:,":is..w �-^%i..7'-:.`:a f:;.i 71 Y �. ,yRh TINI u �l I fl 1 � �. tr� +''/•'�<_•PMc�� '.ax-a�.+EPs.cT.t'S� Lk {j'nJ` itff (�'� � .�jp''..vj9" J r,:x'ii' r' [•moi E (,4r}]]tt +'cr1)1 ACP d i}i•.-sr 4 NN UR I r I "I Af"s... .y./� >■�s r , P.O. sox 127 °,' "" 'T1}ALATIN, OF2EG0?I 97062 _ jy •� yf�� `F} �- •>�X FF ?'R l�s�i�L2_��+y Nita` F ,� [ 9s ~�w��•Ey s`-T i.:9'. '-'. sj� /_ 'IFi A r fr me 1q f ! lJNv i NNTU ,„...3 •-mss; y,� RR. E;E Administration Alan Holcombe was the featured speaker at the 46th annual TRFPD Birthday Party February 7. Chuck Smith of Wilsonville was cho- sen Volunteer Firefighter of the Year. The Tigard J OOF fire department appreciation dinner was held February 12. Alan Holcombe, Joe Chamberlain and Woody Woodhouse were re- elected to the Board of Directors March 31 . - Chief Washburn appointed Chairman of a task force to make recom- mentations regarding establishing a Fire Commission in Oregon. TRFPD Volunteer Association chosen to host the 1982 Oregon Volun- teer Firefighters Association conference. Barbara Jackson assumed duties of Office Manager August 24. Firefighters withdrew from Local 1660 effective September 1 and will form their own union within IAFF. Boundary Commission authorized annexation of 39.58 acres at I-5 and Lake Oswego exit, and 71 .02 acres on Johnson and Stafford Roads. Alan Holcombe elected to one year term on the Executive Board of the Oregon Fire District Directors Association. A tax shortfall late in the year forced a number of budget revi- sions. A PROFILE OF TUALATIN FIRE DISTRICT 1981-82 budget - $6,079,281 Tax rate: $3.21 Tax base: $5.9 million, approved by voters in May, 1980 Assessed valuation: $1 ,816,454,270. ($1 .8 billion-) (continued on page 3) -2- Ef 4tlM' tC `'� � Zrt�\`� yt�„ � ^ '•' ' ?'' To meet the continuing public demands for emergency medical assistance, all firefighters have been trained to the level of Emergency Medical Technician I, two fully equipped rescue units operate out of King City and Elligsen Road, and the Mountain Road engine is manned with paramedics. Our fire district currently has more EiiT-IV personnel than any fire departsner.t in the tri- county area. There were a total of 1764 calls for medical assis- tance during the year, representing 58 percent of ail emergency responses. . Pat Southard began her duties as Emergency Medical Services offi- cer in September. The fire district' s ambulance ordinance was approved by voters on March 31 , which empowers the fire district to establish levels of training for ambulance paramedics and also to establish response times. , The educational slide program, "Coping With Medical Emergencies" was updated to include information on the 9-1-1 system. Citizen CPR training has been very active, with some 3000 persons receiving training during the last seven months of the year. Profile of Tualatin Fire District (continued) Three year $200,000 per year levy for 9-1-1 system began in 1980- 81 budget year. Approved by voters in February, 1980. Fire protection Class 3 in hydranted areas effective August 1 , 1980. 3055 emergency responses in 1981 . 58% for first aid, 13% for fire. Fire District covers approximately 110 square miles. Began in 1936 as Tualatin Volunteer Fire Department. Became TRFPD in 1946, all in Washington County. Annexed the Stafford- Wilsonville Fire Protection District in 1948, which was all in Clackamas County, and nearly doubled the size of the district. TRFPD has seven incorporated cities: Tigard, Tualatin, Sherwood, Wilsonville, Rivergrove, King City and Durham. -3- Mark Ferraro was assigned to the training section in January 1981 . Primary responsibilities are probationary training, certified relief engineer training, coordinate training with other section instructors, assist in the quarterly performance standards .evalu- ation and handle spedial assignments. Gene Chamberlin was assigned to the training section in Jure 1981 . Primary responsibilities are accreditation coordinator for Fire Standards and Accreditation Hoard, volunteer training, master and station libraries,. audio-visual library, career development, assist in the quarterly performance standards evaluation and handle special assignments. The Certified Relief Engineer training program has been completed and accepted by the district. It is a self-study, self-pacing concept which requires from 4-6 months to complete for the average person. The program is being submitted to Portland Community Col- lege for approval and will possibly receive 6 credit hours. The Civil Service Commission accepted the program as a pre-requisite for eligibility to the Engineer promotional testing process. The District FSAB accreditation program is moving fo nvard with the following areas of certification for the 88 line personnel : Firefighter I - 86% Firefighter 11 - 32% Firefighter III - 17% Fire Officer I - 33% of Officers Fire Prevention/Investigation Officer I - 29% Apparatus Operator I - 7% of Engineers Apparatus Operator Ii - 8% of Engineers Apparatus Operator III - 8% of Engineers EMT-I or higher - 92% Seven of 48 (15%) of the fire district volunteers have attained the FSAB certification for Firefighter I . Volunteer training has been shifted from a single level basic firefighting skills program to a tri-level program with specialized training in the areas of: Basic Firefighting Skills (FF-I), Apparatus Operator I, and Fireground Leader (for volunteer company officers). Also, we have plans for instituting a 40-hour volunteer recruit training program to be instructed on Saturdays as a pre-requisite to riding or responding on an engine. (continued on page 5) -4- We have also instituted a uaytime volunteer training program for those volunteers whc) r rk at night arid cannot attend Monday night drills. Tl:e drills arra cn basic s±,.i E1::, and instr'uctecl by E-226 three 'Wednesdays of the month. The volunteersare hostior) the 1932 OVFA Conference in the Tuala- tin area in .lune. The voluritee•r training coordinator has been assisting the volunteer group in setting up a very comprehensive seminar training program— Lt. Gene Chamberlin is working with the line personnel in setting up career goals for each individual . This program will also assist training in developing the tuition portion of the budget for planning and reimbursement. A training program on the new aerial ladder truck was developed and presented to the truck companies. A follow-up program for engine company support will be presented in the near future. A computerized training records and reports program was intro- duced in September 1981 . Now the data is fed into the computer by line personnel . All retrieval of the records must be made by the training section personnel by request. A series of slide programs was purchased from NrPA on safety and apparatus practices. These programs are for general use and for the Certified Relief Engineer program. A new 3/4 inch color video system has been put into service. Among the uses of this equipment: videotaped a fire safety education program for the staff at Meridian Part; Hospital , public, showing of an educational program for the wood stove open house, taped the annual Fire Prevention Week program for showing at the California Fire Academsy, taped a segment of pre- school fire safety education and shown programs for counseling juvenile firesetters. HOW YOUR FIRE DEPARTFENT MAKES MONEY FOR YOU Of all the public service agencies, Your fire department is the only one that actually makes money for the taxpayer! The v savings in fire insurance premiums amount to considerably more o v than the property tax levied for the fire district budget. , Q ' Example: The owner of a 540:040 home pays 5100 in taxes toward the fire department. with ne fire protection, the premium for a straight fire insurance policy would cost approxi- mately *495 per year. However, if that same home is located < within one thousand feet of a fire hydrant in an area that has a Class 4 fire protection rating, the same fire insurance Pre- mium drops to approximately 5100 per year, a net savings of approximately 5295, even after paying taxes! -5- The alarm center dispatched 3055 emergency responses, the highest ever in one year. Calls for medical assistance continue to in- crease, with 1764 responses during the year, representing 58 per- cent of all alarms. Fire calls also increased to 337, representing 13 percent of all alarms. The increase is primarily due to a revi- sion in record-keeping. In the past, some responses such as a chimney fire which did no structural damage was classed as a public assist rather than a fire. A new all-time record of 47 emergency responses in one day occurred November 14 due to high winds. There were two third alarm fires during the year: September 27 at Frontier Leather Company in Sherwood and a brush and grass fire on Heater Road September 6. HELP (Health Emergency Locater Program) initiated. Hundreds of people have responded to our invitation to have specific medical problems or handicaps entered in our computer at their address, so responding emergency personnel would be aware of any special considerations for rescu- or medical assistance upon arrival . MICROWAVE SYSTEM The fire district's microwave system will provide for the utmost reliability in communications far the 9-1-1 center and telephone system. When completed, the system will have sta- tions at each fire station plus one each at Bald Peak, Hills- boro and the P.C.C. Sylvania campus. The system will pay for itself in approximately seven years, due to the savings in leased land lines. Target dates for the system are: March 1 , 1982: final site survey to be completed. April 1, 1982: prior to this dates the "Requests for pro- posal " are to be issued. June 1 , 1982: the successful contractor to be chosen. June 15, 1982: construction to begin. May 1 , 1983: system to be turned on. -6- Support Ser .� The Mountain Road fire station opened January 1 . Moved into the new maintenance facility at Elligsen Road Febru- ary 12. It consists of Central Stores, an area for radio repairs, repair shop facilities for apparatus and the office of Division Chief John Schwartz. The downstairs area of the administration office was occupied in May. It contains five offices, a storage room for audio- visual equipment and a reception area. Tanker 227 manned as of July 1 at the Mountain Road station. The new Seagraves 100 foot aerial ladder truck arrived November 12 and was outfitted by the shop and Tigard truck company per- sonnel before being put into service. Tanker 227 (Apparatus 209) was completed with all equipment to conform to Pamphlet 1901 . Requirements for a two-piece engine company include installing compartments and converting to elec- tric start. The 90 foot American L,aFrance aerial platform was sent out for a complete hydraulic rebuild at a cost of approximately $ 0,000. A hose testing manifold was constructed and all annual hose testing was completed with an update of all hose inventory records to 99% accuracy. Standard inventories have been developed for all front-line engines. Signed a Maintenance Agreement with the City of Wilsonville for automotive repairs. The Scott airpack repair and test bench was constructed and put into operation. Maintenance programs included: repaving the Tigard station rear parting lot and the driveway at Mountain Road; replace, the gener- ator at the Tualatin Station, replace installed air compressors at all stations to maintain engine air reserve, installed elec- tric eyes on all au,omatic station overhead doors and landscaping done at the maintenance facility. r-� -7- Sor.Lr Fire Pre vyeti A new slide program, "Pitfalls in Heating with blood", was developed, along with a wood stove display and handout material . The display was at Washington Square October 7-11 - Fire Prevention talks given to 6,635 children and 1 ,075 adults. This includes sixteen half-hour programs at elementary schools during Fire Prevention Week. State Fire Marshal grans exempt status for a period of two years beginning August 1 . Wood stove seminar held at Holiday Inn September 21 . Fire Prevention Code approved by the Board of Directors. Developed first known computer game on fire safety. Post test survey on wood stoves conducted as part of a pilot project of the U.S. Fire Administration relating to reducing residential fires through public education. Public service spot announcements written and sent to every radio and television station in Oregon every three months. Starting in March, special public service spots have been Britten'and re- corded each month. Video program developed for orientation of staff personnel at Meridian Park Hospital . Slide program was developed for in- service and orientation of nursing employees. Fire cause investigations are being made. Jim Hicks and Jack Palmer are handling arson investigations with Oregon State Police. WE'D LIKE TO GET ACQUAINTED! Mould your club or organization like to have a free program about fire department services? We have a number of audio/visual pro- grams about smoke detectors, family fire escape planning, wood stoves, paramedic services, burn injuries, organization and operation of the fire district and several programs for children. To arrange a program, call "Fireman Don"' Anderson at 682-2601 . -8-