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City Council Packet - 10/25/1982 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign their name on the OCTOBER 25, 1982, 7:30 P.M. appropriate sign-up sheet(s). If no sheet is FOWLER JUNIOR HIGH SCHOOL provided, ask to be recognized by the Chair. LECTURE ROOM 1. REGULAR MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff, Council & Audience 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 MINUTES - September 20, 27, 28, and October 4, 1982 2.2 Approve the Expenditures and Investments: $ 1 356.846.72 2.3 Receive and File Transmittals: • From Metro re: Regional Development Committee • From League of Oregon Cities re: Ballot Measure #3 • From Roger Pitsinger re: Hearings Officer Hearing • From Finance Department - September, 1982 Financial Statement 2.4 Approve Agreements and Authorize Signatures re: • Permit of Entry for Southern Pacific Transportation Company property on 72nd Avenue • Agreement with Arenz & Hurl for 92nd Avenue Street Improvement • Agreement with Arena & Hurl for McKenzie Street LID 036 Improvement 2.5 Receive and File Performance Evaluation Program Report < 2.6 Award Backhoe Bids 2.7 Approve Resolution No. 82- 115 Accepting Summerfield 14 Public Improvements 2.8 Approve OLCC Application with Conditions - Tigard Bowl, Inc. , 11660 SW Pacific Highway, Tigard, Oregon, RMB Application 2.9 Designate Deligates and OK Resolutions for LOC Convention 2.10 Approve Cancellation of Council Workshop on 11/14/82 and Reschedule to 11-21-82 3. TOWN AND COUNTRY DAYS REPORT • Joe Schaffer 4. ORDINANCE NO. 82- ORDINANCE ADOPTING COMPREHENSIVE FEES AND CHARGES RESOLUTION NO. 82- RESOLUTION ADOPTING PLANNING FEES AND CHARGES • Administrative Assistant Martin 5. ORDINANCE NO. 82- ORDINANCE REGARDING BUSINESS LICENSE TAX • Administrative Assistant Martin PUBLIC HEARING PORTION OF MEETING NOTE: Public Hearings were originally scheduled for this date f or the following zone changes: ZCA - 74th/Durham; ZCA - North Dakota; ZCA - Bechtold All three hearings have been reset to January 24, 1983. Property owners were notified, by the Planning Director, by mail on October 15, 1982. 6. STREET VACATION PUBLIC HEARING-KILLIAN (CONNIE'S MARKET) 72ND AVENUE Public Hearing Opened • Summation by Director of Public Works • Public Testimony: Proponents, Opponents, Cross Examination • Recommendation of Director of Public Works • Public Hearing Closed • Consideration by Council ® ORDINANCE NO. 82- Adopting Street Vacation 7. 1982-83 SUPPLEMENTAL BUDGET HEARING • Public Hearing Opened • Summation by Finance Director o Public Testimony • Recommendation of Finance Director • Public Hearing Closed • Consideration by Council • RESOLUTION NO. 82- Adopting Supplemental Budget e RESOLUTION NO. 82- Changing Appropriations for 1982-83 8. SIGN CODE HEARING • Public Hearing Opened • Discussion/Recommendation: by Administrative Assistant Sargent • Public Testimony • Public Hearing Closed • Consideration by Council • ORDINANCE NO. 82- Adopting Sign Code 9. ORDINANCE NO. 82- CREATING STORM DRAINAGE FUND • Director of Public Works t 10. CROW LEASE AMENDMENT • City Administrator 11. AUDIT RFP DISCUSSION e City Administrator 12. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair under item 1.3 will be discussed at this time. All persons are encouraged to contact the City Administrator prior to the meeting. 13. EXECUTIVE SESSION: The Tigard City Council will go into executive session under ORS 192.660(1)(e) to consider acquisition of real property. 14. ADJOURNMENT MIM T I G A R D C I T Y C 0 U N C I L REGULAR MEETING MINUTES - OCTOBER 25, 1982 - 7:30 P.M. 1. ROLL CALL: Present: President of Council, John Cook; Councilors Tom Brian, Nancie Stimler (Left at 9:18 P.M./Arriving Back at 9:27 P.M.) , and Kenneth Scheckla; Director of Public Works, Frank Currie; Finance Director/City Recorder, Doris Hartig; City Administrator, Bob Jean; Director of Planning & Development, William Monahan (Left at 9:45 P.M.); City Attorney, Ed Sullivan (Arriving At 7:39 P.M. ); Office Manager, Loreen Wilson. 2. CALL TO STAFF, COUNCIL & AUDIENCE FOR NON-AGENDA ITEMS UNDER OPEN AGENDA (a) City Administrator reported on various portions of the agenda noting that Bruce Clark had requested to speak with Council at the start of the meeting. He requested that open agenda No. .1 be added regarding Emmert Industries $102000 Refund. (b) Mr. Bruce Clark, Chairman of the Water Study Committee, requested Council send a letter to City of Portland requesting an additional 90 day extension of the deadline for filing for Bull Run Water. Consensus of Council was to direct staff to prepare Resolution requesting a 90 day extension for the 11-1-82 Council meeting. 3. APPROVE MINUTES - September 202 27, 28, and October 4, 1982 (a) Motion by Councilor Brian, seconded by Councilor Stimler to approve. Approved by unanimous vote of Council present. 4. APPROVE THE EXPENDITURES AND INVESTMENTS: $ 1,356,846.72 (a) Motion by Councilor Brian, seconded by Councilor Stimler to approve. Approved by unanimous vote of Council present. 5. RECEIVE AND FILE TRANSMITTALS: o From Metro re: Regional Development Committee o From League of Oregon Cities re: Ballot Measure #3 o From Roger Pitsinger re: Hearings Officer Hearing o From Finance Department - September, 1982 Financial Statements (a) Motion by Councilor Brian, seconded by Councilor Stimler to receive and file. Approved by unanimous vote of Council present. COUNCIL MINUTES - OCTOBER 25, 1982 IL NO 6. APPROVE AGREEMENTS AND AUTHO&IZE SIGNATURES RE: o Permit of Entry for Southern Pacific Trans. Co. property on 72nd Avenue o Agreement with Arenz & Hurl for 92nd Avenue Street Improvement o Agreement with Arena & Hurl for McKenzie Street LID 436 Improvement (a) Motion by Councilor Brian, seconded by Councilor Stimler to approve and authorize signatures. Approved by unanimous vote of Council present. 7. RECEIVE AND FILE PERFORMANCE EVALUATION PROGRAM REPORT (a) Motion by Councilor Brian, seconded by Councilor Stimler to receive and file. € E Approved by unanimous vote of Council present. i 8. AWARD BACKHOE BIDS (a) Director of Public Works reported the following bids were received. i TOTAL BID WITH DEDUCT BASE BID DEDUCTIVE ALTERNATE ALTERNATE (Safety Cab) Air Pro -0- JCB Tractor $30,980.00 $30,980.00 Case Power Equipment $24,970.00 $26,570.00 $1,600.00 Hessel Tractor 1982/83 $25,754.00 $28,549.00 $2,795.00 Hessel Tractor 1982 $24,549.00* $27,795.00 $3,246.00 * Error in subtraction (b) Director of Public Works recommended awarding the bid to the Case Power Equipment Company in the amount of the base bid of $26,570.00. (c) Motion by Councilor Brian, seconded by Councilor Stimler to award bid as recommended by Director of Public Works. Approved by unanimous vote of Council present. PTING THE 9. RESOLUTION NO. 82-115 PUBLICTIION OF THE MPROVEMENTSI CONSTRUCTED COUNCIL WITHIN CSUMMERFIELD 14 SUBDIVISION. (a) Motion by Councilor Brian, seconded by Councilor Stimler to approve. Approved by unanimous vote of Council present. 10. APPROVE OLCC APPLICATION WITH CONDITIONS - Tigard Bowl, Inc. 11660 SW Pacific Highway, Tigard, Oregon, RMB Application. (a) Staff recommended approval of application with the following conditions: PAGE 2 - COUNCIL MINUTES - OCTOBER 25, 1982 o That all sales be limited to draft beer and wine by the glass sales, to be consumed on premises. o That no package sales be authorized. o That the amusement game room shall be restricted to prohibit consumption therein of beer and wine, and so posted. o That consumption of beer and wine be limited to the snack bar area, and bowling alley proper only. (b) Motion by Councilor Brian, seconded by Councilor Stimler to approve OLCC Application with conditions as recommended by staff. Approved by unanimous vote of Council present. 11. DESIGNATE DELEGATES FO& LOC CONVENTION (a) Motion by Councilor Brian, seconded by Councilor Stimler to appoint Mayor Bishop as the delegate from the City of Tigard with City Administrator serving as the alternate. Approved by unanimous vote of Council present. 12. APPROVE CANCELLATION OF COUNCIL WORKSHOP ON 11/14/82 AND RESCHEDULE TO 11/21/82 (a) Motion by Councilor Brian, seconded by Councilor Stimler to approve rescheduling of workshop to 11/21/82. ! Approved by unanimous vote of Council present. 13. CALL SPECIAL MEETING FOR 11/01/82 (a) Motion by Councilor Brian, seconded by Councilor Stimler to approve 11/01/82 as a special Council meeting. Approved by unanimous vote of Council present. 14. TOWN AND COUNTRY DAYS REPORT (a) Consensus of Council to receive and file report. Council requested that additional reports be filed as more information is available. 15. ORDINANCE NO. 82- AN ORDINANCE IMPOSING A BUSINESS TAX ON THOSE PERSONS DOING BUSINESS IN THE CITY OF TIGARD; REPEALING PREVIOUS BUSINESS LICENSE ORDINANCES; AND DECLARING AN EMERGENCY. (a) Administrative Assistant Martin presented a report from the Business License Study Committee and their recommendations for changes in the fee structure and ordinance. (b) Mr. Bruce Clark, Chairman of the Business License Study Committee, suggested some minor changes in the ordinance which would remove the word 'license' and use the word 'tax' . (c) After lengthy discussion, consensus of Council was to have ordinance rewritten with changes suggested by Mr. Clark and submit for adoption at the ll/dl/82 meeting. PAGE 3 - COUNCIL MINUTES - OCTOBER 25, 1982 VAIP—Momm Ma� r 16. ORDINANCE NO. 82- AN ORDINANCE GRANTING THE TIGARD CITY COUNCIL THE AUTHORITY TO SET RATES FOR FEES AND CHARGES; PP ESTABLISHING A METHOD FOR SETTING AND ADJUSTING RATEENERAL POLICY t CI , ( TABLISHING a) AND CHARGESREGARDING ALL G AND DECLAR NG AN EMERGENCY. (a) City Administrator and Legal Counsel presented ordinance for Council nsel drew to Council's attention that the major review. Legal Cou policy ichangserin being offered by C tyhe ordinance is a st ff,t of charging fees for P (b) Consensus of Council was to not charge for professional services. After giving staff direction for rewriting the ordinance, Council requested the issue be placed on the 11/01/82 agenda. 17- RESOLUTION NO. 82- A RESOLUTION PRESCRIBING NEW PLANNING ESAN ; REPEALING RESOLUTION NO. 79-7; AND DECLARING EMERGENCY. (a) Consensus of Council was to place this on the '_1%01/82 agenda also. 18. STREET VACATION PUBLIC HEARING - KILLIAN (CONNIE'S MARKET) 72ND AVENUE (a) Public Hearing Opened Councilor Stimler left meeting at 9:18 P.M. (b) Director of Public Works gave history of vacation request. (c) Public Testimony: No one appeared to speak. (d) Dorllt22-82 Public Works before making final de rminaed nion.cil continue public hearing t (e) Motion by Councilor Brian, seconded by Councilor Scheckla to continue public hearing to 11-22-82. Approved by unanimous vote of Council present. 19. 1982-83 SUPPLEMENTAL BUDGET HEARING (a) Public Hearing Opened (b) Finance Director gave synopsis of supplemental oval,dget request and noted that the Budget Committee had recommended app (c) Public Testimony: No one appeared to speak. (d) Finance Director recommended adoption- (e) Public Hearing Closed (f) RESOLUTION NO. 82-116 A RESOLUTION A 8P3ROVING THE SUPPLEMENTAL BUDGET FOR THE FISCAL YEAR ENDING iu1JE 30, (g) Motion by Councilor Brian, seconded by Councilor Scheckla to approve. Approved by unanimous vote of Council present. PAGE 4 - COUNCIL MINUTES - OCTOBER 25, 1982 e (h) RESOLUTION NO. 82-117 A RESOLUTION CHANGING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1983. (i) Motion by Councilor Scheckla, seconded by Councilor Brian to approve. Approved by unanimous vote of Council present. 20. SIGN CODE HEARING (a) Public Hearing Opened Councilor Stimler arrived at meeting: 9 :27 P.M. (b) Administrative Assistant Sargent gave synopsis of history of issue and stated that the concerns raised at the 10-18-82 study session have been incorporated into this revised code. She recommended approval of the code as presented. (c) Public Testimony JB Bishop, local developer, requested monumental signs for large developments be allowed. Staff agreed that the intent of the ordinance was to allow such signs and stated this would be allowed under the exception clause of the ordinance. (d) Public Hearing Closed r (e) ORDINANCE NO. 82-70 AN ORDINANCE REPEALING TITLE 16, SIGN REGULATIONS OF THE TIGARD MUNICIPAL CODE, ADOPTING THE 1982 SIGN CODE, PRESCRIBING REGULATIONS AND STANDARDS, PROVIDING FOR ADMINISTRATION AND ENFORCEMENT, AND DECLARING AN EMERGENCY. (f) Motion by Councilor Stimler, seconded by Councilor Scheckla to adopt. Approved by unanimous vote of Council present. Planning and Development Director left meeting: 9:45 P.M. 21. ORDINANCE NO. 82-71 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT, OPERATION, AND MAINTENANCE OF OPEN DRAINAGEWAYS, CLOSED CONDUIT STORM DRAINS, CULVERTS, LEVIES, DAMS, DESILTING AND DETENTION BASINS, OUTFALL STRUCTURES, EQUIPMENT, AND APPURTENANCES NECESSARY, USEFUL, OR CONVENIENT FOR A COMPLETE STORM DRAINAGE SYSTEM, INCLUDING MAINTENANCE AND EXTENSION OF THE PRESENT STORM DRAINAGE SYSTEM OF THE CITY; ESTABLISHING AND IMPOSING JUST AND EQUITABLE CHARGES UPON CITY OF TIGARD STORM DRAINAGE SYSTEM USERS; REQUIRING THE CITY OF TIGARD TO COLLECT SUCH SERVICE CHARGES; PROVIDING FOR THE ESTABLISHMENT OF A SPECIAL REVENUE FUND FOR SAID PURPOSES; DECLARING CERTAIN ACTS UNLAWFUL; AND IMPOSING PENALTIES. i (a) Public Hearing Opened PAGE 5 - COUNCIL MINUTES - OCTOBER 25, 1982 (b) Director of Public Works presented two ordinances to the Council and explained the different policies presented by each. One ordinance based the storm water service charges on 'dwelling units' and one was based on 'equivalent service units' (ESU). Staff recommended Council adopt the ordinance basing the charges on 'equivalent service units' as it was more equitable to charge based on the amount of impervious surface which has a direct relationship to the amount of storm water runoff. (c) JB Bishop, local developer, asked if the Chamber of Commerce had been given a copy of this proposal for response. City Administrator responded that this was a policy issue and that the Council was the policy-making body for the City. (d) John Skourtes, local developer, expressed concern that at $1.00 per ESU the local industrial development would be paying for more City services than it used. (e) Council discussed the cost per ESU and suggested lowering that to $.75 per ESU. (f) Motion by Councilor Stimler, seconded by Councilor Brian, to adopt ordinance No. 82-71 and amend the ordinance to read $.75 per ESU. Approved by unanimous vote of Council present. - 22. AUDIT RFP DISCUSSION i (a) Consensus of Council was to accept the City Administrator's recommendation to ask Coopers and Lybrand, the City's current auditors, to submit their proposal for the fiscal year 1982-83 audit, and that, if competitive, the City would contract with them for that work. x i i 23. 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. f 23.1 EMMERT INDUSTRIES - $10,000 REFUND (a) City Administrator reported that the Court has ruled that the City must release the bond held for Emmert Industries in the amount of 3 $10,000. F (b) Motion by Councilor Stimler, seconded by Councilor Scheckla to release bond in the amount of $10,000 per court order. Approved by unanimous vote of Council present. 24. EXECUTIVE SESSION: The Tigard City Council went into executive session under ORS 192.600 (1)(e) to consider acquisition of real property at 10:40 P.M. RECONVENE REGULAR MEETING: 11:02 P.M. PAGE 6 - COUNCIL MINUTES - OCTOBER 25, 1982 24. 72ND AVENUE AGREEMENTS (a) Director of Public Works requested Council accept and authorize signature of the following documents and agreements on 72nd Avenue LID: Ident 35 - Zel Chemical - Street Dedication & Construction Easement Idents 52a,b,c, 55, 56a,c,d - Pac Trust - Street Dedications & Construction Easements Idents 53a,b - Wash. Co. - Dedication Deeds Ident 81 - Associated Computer - Street Dedication & Construction Easement Ident 87 - CCI - Construction Easement Ident 113b - Tennant - Street Dedication & Construction Easement (b) Motion by Councilor Stimler, seconded by Councilor Scheckla to accept and authorize appropriate signatures. Approved by unanimous vote of Council present. 25. ADJOURNMENT: 11:04 P.M. City ttecorder - City of Ti d ATTEST: z,�� Mayor - City of Tigard rt" PAGE 7 - COUNCIL MINUTES - OCTOBER 25, 1982 October 25, 1982 �o I wish to testify before the Tigard City Council on the following item: (Please print your name) Item Descriptions 8. SIGN CODE HEARING )ponent (for) Opponent (against) se, Address and Affiliation Mame, Address and Affiliation -� Cz��,=�,za?�%>„ ter. /�✓c -.fs� e`.! - !�-.�.T.-✓�zyCi,�, j i, .Y4Agj/�•n.oi+tE'.tictaeiWCc.' rilrM'.-f'. -.r.. -e-......-.. t r._., .......�. ...... _ nvKsr yr..•.a . .. .+�... _:ra?+i-v..u.�...: ..w: .r...... .. ,.....r�1. � ---,ti ,.rt..+rte.-.r„�. ...r. Date October 25, 1982 I wish to testify before the Tigard City Council on the following item: (Please print your name) 1.3 Call To Staff, Council & Audience for Non-Agenda Items Under Open Agenda :Jame, Address & Affiliation Item Description - T.�•-y'�—� r s '--Cry G,LA ✓J'tC�{ SG•c_TL jCS r CEJ Gj sG✓I_3.MEj�r•: �L. '` _ � � _ Mimi nri yt.-✓, �u�✓✓�-rrT�Yi✓.:� 71r 'I �it:r..r.r.-rte, e aiamtar� TO: MEMBERS OF THE CITY COUNCIL FROM: William A. Monahan, Director of Planning & Development l�ph" DATE: October 21, 1982 RE: Floodplain Greenway and Parks and Open Space Issues Attached are copies of the following papers : 1) Floodway/Greenway Policy Discussion 2) An excerpt from "Finding, Policies and Implementation Strategies" These documents were passed out to you at the October 18 , 1982 study session. Please take. a look at these prior to the next scheduled study session on November.1 when we will discuss these issues. I would also be interested in your comments before ' hand as I am working with Jeremy Coursolle to finalize policies for the Comprehensive Plan. C _ E z t 1 FLOODWAY / GREENWAY POLICY DISCUSSION Over the past several months a possible conflict between provisions of the Tigard Municipal Code relating to Floodplain and city policy concerning Greenways has been identified. There is a need for review of definitions , established policies and community needs in order that the City Council may determine the appropriate course of action for the future. Following is a brief description of the problem which staff will elaborate on at the City Council meeting tonight. Floodway - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation. Floodplain - The relatively flat area or lowland adjoining the channel of a river , stream, watercourse or other body of water which has been or may be covered by floodwaters within the area of applicability defined by the floodplain district. (18 .57 .020) (5) Floodplain District - Those areas within the City of Tigard inundated by the 100 year regulatory flood. (18 . 57 .020) (7) Regulatory Flood - The flood used to define the outer boundary lines of the floodplain district. The maximum flood predicted to occur within 100 years. (18 . =-7 .020) (11) i a Greenway - Means all lands within the one-hundred-year flood- plain of Fanno Creek and the Tualatin River and the lands on either side of natural drainageways as designated by the Park Board and Comprehensive Plan for preservation. (18. 57 .020) (9) PROBLEM . Both the floodplain and greenway are defined as the area in which flooding during a 100 year storm takes place. When a property owner chooses to apply for a special use permit to perform work in the flood- plain under Tigard Municipal Code 18. 57 , he is led to believe that it is possible to receive a permit if he meets the standards presented in 18.57.070. The standard reads as follows: 18. 57 . 070 Standards . (a) Application for a special use permit in floodplain areas shall be granted or denied in accordance with the following standards : (1) No structure, fill, excavation, storage or other use shall be permitted which alone or in combination with existing or proposed uses would reduce the capacity of the floodplain area or raise either the flood surface elevation or flow rates , or adversely affect flow direction on upstream or downstream properties , or create a present or foreseeable hazard to public health, safety and general welfare. (2) The applicant must obtain the permit required by the state of Oregon under ORS Chapter 541 for removal or ;y filling of waterways , or demonstrate that the provisions of this statute do not apply. 4 A problem arises when the City greenway policy seems to govern the same land that is earmarked for filling the the welands. j The question then is posed, "If the area of the 100 year flood- plain is also designated to remain as public greenway, how can the City grant a Sensitive Lands Permit in the floodplain thus changing the boundary of the greenway? That is , land which becomes buildable or usable as the result of filling will be utilized for some economic use thus making is unavail- able for public use. This results in reduced greenway area. The creation of additional economically useful land is of prime concern to Tigard. Much of the area which is designated flood- plain is either in a commercial or industrial zone. Carefully ena ineered filling could either allow for expansion of a business use at some sites or actually be the deciding factor whether or not a piece of land has sufficient buildable land to site a commercial or industrial building. Whether such engineered filling will be allowed is up to the City Council. GREENWAY POLICY Policy 7 of the Environmental Design and Open Space Plan adopted by the Tigard City Council in 1977 reads : POLICY 7 . Retain the 100 year flood plain of Fanno Creek, its tributaries and the Tualatin River as an open preserve (Greenway) . The Greenway shall be established as the backbone of the open space network and when a direct public benefit can be derived, i.e. , adjacent residen- tial development, the Greenway should be developed for passive recreation and pedestrian/bike travel. Page 2 1 It appears that current City policy, governing land along Fanno C Creek will not allow any development within that floodplain. Thus , if the greenway policy is to govern as the prevailing policy of the City, this pre-empts the use of the Sensitive Lands Permit process within the 100-year floodplain of Fanno Creek making it impossible to receive a permit to .expand the amount of useable land in Tigard. ALTERNATIVES The Alternatives available to the City Council are: 1. Take no action - as a result the Sensitive Lands process as it relates to the Fanno Creek and other areas, will continue to conflict with the established Greenway Policy. 2. Revise the Greenway Policy - the policy can be revised to allow adjustment of the greenway zone in conformance with any floodplain zone changes accomplished through the Sensitive Lands process. CONSIDERATIONS i If the policy and code conflict is not resolved it is likely that litigation will result to force the City to resolve this apparent inequity. Until that scenario unfolds,, property owners and City staff are not in a position to adequately explain City policy or determine the status of land in the floodplain as potenial buildable land. The situation also I makes it difficult for staff to assess the amount of land available for economic development expansion. Further, it creates yet another administrative roadblock that may deter a company from locating or expanding in Tigard. Page 3 MW J Page 13 1_1 PHYSICAL LIMITATIONS AND NATURAL HAZARDS FINi�GS of any piece of land have a o The physical features which form the make-up can be direct relationship to the type and density of deve Copnt bi athich such as accommodated on that property (carrying capacity). steep slopes and unstable soils create severe development con Excessive development in such physically limited areas greatly increases the potential severity of landslide, earthquake damage, flooding, etc. POLICY (POORLY DRAINED, 3.1.1 THE CITY DESIGNATE AREAS OF PHYSICAL LIMDON INCORPORATE THESE SEASONALLY FLOODED, GROUND INSTABILITY) COMMUNITY DEVELOPMENT - CODE AND MAP, AND DESIGNATIONS IN THE TZGARDIONS ACCORDING TO TTDISTRICT DEVELOP GRADUATED THE CONSTRAILOPNT NESANDANTIC PATED LIMITAT ONS. CHARACTERISTICS O IMPLEMENTATION STRATEGIES 1. The City shall revise the section ard that have the distgrict Community Development Code to identify those areas constraints and limitations. 3.2 FLOODPLAINS AND WET LANDS FINDINGS hered on o The objective of the City is to use the detailedinformationwndsandtareas of floodplains from the U.S. Army Corps of Engineers, serious drainage problems, and development policies to: 1. Control development, as to not adversely affect the floodplain and floodway areas, 2. Minimize the runoff-erosionmpact of development on the surrounding area and downstream properties, nd tation 3. Emphasize the oe red educe runoff andof a eflood damage and along and pgovide erosion drainageways, t control. O In addition, there is the issue of the cumulative effect of development igard upstream of Tther controlso exercised over d. Flod levels in T development outsidel be s the substantially determined by area, as well as inside Tigard's Planning Area. o The Fanno Creek drainage system includes numerous small courses. The ways is intrinsically connected to the integrity of these natural drainage Page 14 �. system's capacity to reduce excessive runoff and subsequent flood levels. t Often, however, -developers,.:-altthese' water courses to suit- their' development purposes, usually. to .provide more useable land. The. resultant adverse .impacts are detrimental.. to. .the entire drainage system. 7. u Besides the•baeic.:need to. control :development_ in flood prone areas, it was ound':t a�;1piablic��lcaowled e'«:of:.flood lai4x=hazards::wa. Iackiug:. ;: ?iany :of g p.. ; :.::the obstructions previously placed :ia' the Zfloodplain were the=;result' "'of either ignorance or overly optimistic attitudes about potential flooding problems. These obstructions (e.g. Main Street- Bridge) hinder the flow of high water and tend to increase flood levels. - o Proper , administration of the' floodplain area-- relies heavily.--upon.-. the availability.' �-•of adequate : . information `upon which to assess the environmental' impacts of a' project. The development, which creates the need, should be responsible for- providing the City with the necessary data for making sound decisions ;.The`-burden- is on-:the applicant to prove that a p=o ject; will 'noV-._adversely affect ,the. enviroment or create undue future ''} :rL ,ti : alp£-.• k--lam _ y ; ti " . ,� liabiliies for_the C. ` frnt � a-'++•�, ;� ' - - 3 � Slyf�?K ,y,r++., ti..r: �: 3 _ _< 1. .• _- �,. _• •t_ Y - o ,'Ther.City.. of.Tigard,: with ass istance� from •the. U.S:`Army Corps of Engineers, r hash:established an-area:-designated within the_:100-yeas;:f dplain. rc =- o The City of Tigard has been accepted as an eligible area for the National Flood Insurance Program. o The City of Tigard currently .has ordinances, policies and standards within the Tigard Community Development Code which provide adequate controls for development within the floodplain areas. POLICY 3.2'.1'" THE CITY: SHALL DIRECT' AEVELOPMENT. AND LANA FORM ALTERATIONS WITHIN<•THE . 100 YEAR FLOODPLAIN IN R A -MANNETHAT` MINIMIZES LOSSES DUE TO STREAM FLOODING AND SEASONAL PONDING. MLEMENTATION STRATEGIES 1. The Tigard Community Development Code for the City of Tigard shall Identify the 100 year floodplain and urban uses which would be subject to property flood damage or-people loss. - _2 X�:The Sensitive Lands $eet�on of�,tt e�"Ti"gard,--Community,.Development ;Code;: ,.•- _ 1. shall identify`'`those-"uses''that are permitted- witbia the 100;" year floodplain Iand- the approval process. 3. The City shall require a site development- report, e.g•, hydrology,: soils, geology, for major projects in designated floodplain area and a f statement reflecting 'method to be used to minimize the runoff erosion impact of the development on the surrounding area and downstream properties. Page 15: 4. The City aha13_ initiate an active neighborhood jurisdiction in developing-and- County,= MSD; water actively participate with Wahsington - shed, storm drainage. and floodplain management study of the Fanno Creek basin, . and establish restrictive at at identif;undolevels _ of adequacy... Interim standards shall limit thand rate Completion. of- erosiontc�used by -a' development both during p constructioui`:!I f; veil: 'a development :in all.- floodplain and wetland; f - areas ntifiu-:the :physical inventory. 5. The City shall implement the strategies and recommendations cited in the adopted. "1.981 Tigard Master Drainage Plan." ng jor 6; The City -shall-, develop method d lain of removing and/or -flood. shall -also-consider obstructions° within the floo p methods of educating the public regarding the floodplain. 7. Development within Floodway areas shall be prohibited.- - .3.3 : RUNOFF. EROSION:AND=GROUND':.INSTABILITY . --• s.•Sr����f'rr.- `?' t FINDINGS •� - aspects such o Many portio of the floodplain a e a contain and turalvaluable for open significant vegetation, wildlife, space and recreation. _ 0 Vegetation, without a doubt, serves an essential function in the process 4 naturalatrol as well as for of runoff and erosion O Nonetheless, it istoo toften removed .and replaced - habitation-of wildlife.: by buildings and impervious surfaces. o Due . te_ the general nature of soils and geologic mapping, site specific the presence analysis is often..-,necessary to determine of geologic devehaz&lopment. and the severity of"' soil problems which are constraints to dwslopei soil, and Such geologic hazards existcertain conditions brender nland u s of stable. bedrock combinations, and moisture ns of- the plann 0 Earthf low and .slump- topography exist in 11 shallowo subsurface flow ion area and are associated with poor drainagibility to erosion..: Earthflow ground water and springs, and high susceptibility and slump occurrences can destroy roads and buildings ma adversely. ff life water quality. Hass movement has not resulted in any urban development 0r property thus far, because little is the way :eacists on land wLth.serious. problems. r.. ®'~ ' Increased runoff and. sedimentation from poorly developed . hillsides can require increased public expeditures for flood and erosion control and storm water management. 0 The City of Tigard had adopted a hillside clause within the Sensitive t Lands ordinance which requires additional review of those developments. 0 The City of Tigard requires new developments to have a storm water runoff plan to ensure against adverse effects such as erosion and sediment. Page 16 �- o Vegetation contributes to the quality of the community through control of erosion, absorption of sound, moderation of temperature, flow and moisture - content of the air, reduction of air pollution and glare, and softens the impact of the urban environment. POLICY 3.3.1 THE CITY SHALL DIRECT DEVELOPMENT AND LAND FORM ALTERATION AWAY FROM AREAS OF SEVERE SOIL EROSION AND GROUND INSTABILITY POTENTIAL EXCEPT UPON SHOWING THAT DESIGN AND CONSTRUCTION TECHNIQUES CAN MITIGATE ANY ADVERSE AFFECTS TO SURROUNDING PERSON OR PROPERTY. IMPLEMENTATION STRATEGIES -1. The City shall adopt an ordinance to regulate the removal and/or replacement of -existing natural.- vegetation. in designated floodplain and greenway-.. areas, e.g. . floodplain,', drainageways, areas of •..high :;: .' -visibility*2—unique habitats-,. or rare 'species:': Significant trees or r stands or timber shall -&]so be protected. 2. The City of Tigard may require site specific soil surveys and geologic studies where potential hazards are identified based upon available geologic and soils evidence. When natural hazards are identified, the City shall require that special design considerations and construction measures be taken to offset the soil and geologic constraints present in order to protect life and property, and to protect enviromentally sensitive areas. t 3. Developments shall not be planned nor located in known areas of natural disasters and hazards without appropriate safeguards. 3.4 NATURAL RESOURCES FINDINGS o Currently, there are extensive rock and gravel extraction areas located to the -orth and west of Tigard's planning area within Beaverton and Washington County. POLICY 3.4.,l THE CITY OF TIGARD SHALL SUPPORT THE EFFORTS OF WASHINGTON COUNTY, - BEAVERTON AND THE METROPOLITAN SERVICE DISTRICT ENSURING THE AVAILABILITY OF THE ROCK MINERALS RESOURCES. j ILEMENTATION STRATEGIES o THE CITY SHALL ENCOURAGE THOSE JURISDICTIONS TO CLOSELY MONITOR THE RELATIONSHIP BETWEEN THE DEMAND FOR THE RESOURCE AND THE AMOUNT OF LAND PLANNED AND DISTRICT FOR ROCK AND GRAVEL EXTRACTION AND PROCESSING SHOULD BE CLOSELY MONITORED. w Page 17 k.. .5 NATURAL AREAS rNDINGS There are a variety of plants, animals and water fowl within the Tigard planning area which greatly add to the quality of life within the community. Each species requires a complex and often narrowly specific set of conditions with respect to food, water, and vegetative cover or other natural features necessary for escape and reproduction. o The significant plant communities and animal habitat areas are the riparian vegetation adjecent to the water resources in the community, and various stands of timber and brush. o Development adjacent to existing wildlife areas can adversely effect these areas and in some •instances. can virtually eliminate these needed wildlife habitat areas. POLICY 3.5.1 THE CITY SHALL DESIGNATE AREAS OF SIGNIFICANT ENVIROMENTAL CONCERN, AREAS HAVING PUBLIC VALUE IN TERM OF: 1 a. ECONOMIC VALUE, E.G. , TOURIST ATTRACTION; e b. RECREATION VALUE, E.G., STREAM, LAKES, WETLANDS; C. EDUCATIONAL RESEARCH VALUE, E.G. , GEOLOGICALLY AND SCIENTIFICALLY SIGNIFICANT LANDS; d. SERVICE VALUE, E.G. , AREAS VALUED FOR THEIR AESTHETIC APPEARANCE; OR e. NATURAL AREA VALUE, E.G. , AREAS VALUED FOR THEIR FAGILE CHARACTER AS HABITATS FOR PLANTS, ANIMAL OR AQUATIC LIFE, OR HAVING ENDANGERED PLANT OR ANIMAL SPECIES, OR SPECIFIC NATURAL FEATURES, OR VALUED FOR THE NEED TO PROTECT NATURAL AREAS; IMPLEMENTATION STRATEGIES 1. Consider the inclusion of an adequate amount of land adjacent to riparian zones which will allow the area `to continue to support a diversity of habitat during the evaluation of a floodplain or drainageway for dedication to the City's natural greenway system. 2. Encourage the retention of large, varied habitat areas on private and public lands including inventoried plant and animal communities. 3. The City shall review all development proposals adjacent to wildlife habitat areas to ensure that adverse impacts on any wildlife habitat areas are minimized, and if need be, request that other federal, state, and local agencies review the development proposals. . s Page 18 4. Where there exist large or unique stands of trees or major vegetation { areas within the planning area, the City shall ensure that development proposals do not substantially alter the character of the vegetation areas. 3.6 PARKS, RECREATION AND OPEN SPACE FINDINGS ' Tigard, public and private organizations play an important role in providing leisure and recreational opportunties and cultural activities. o Many of Tigard's residence cultural and recreational needs are served by many activities available in the Portland Metropolitan Regional Area. o There is a shortage of mini-neighborhood and community parks with the entire Tigard Planning Area. o Many of the Tigard School District sites serve to fulfill some of the recreational needs within the Tigard Planning Area. o Some of the land purchased for parks must provide for special where feasible nal it needs, such as softball and soccer fields, etc. , andshould be multiple use. o Small parcels of unbuildable land resulting from urbanization can provide t mini-parks or landscaped areas. o A properly planned and managed system of open space and recreation lands k reduces the impact of urbanization and serves the leisure and aesthetic i needs of all residents. The system needs to reconize the relationship between urban uses and natural character of the land and drainageways. o The community has indicated a desire for open space linkages which follow scenic routes and connect parks, schools, playgrounds, shopping areas other public sites, and residental areas. S o The community needs to acquire, maintain, and develop an adequate system of open space, recreation lands, and facilities to retain and improve livability. e The Tualatin Valley Park and Recreation District boundary borders Tigard on the north side of Scholls Ferry Road and currently serves many of the residents in eastern Washington County. a In the process of planning for a park and recreation system, it is necessary to classify the individual components (neighborhood parks, greenway, etc.) which will or could comprise the park system. In addition, the establishment of a reasonable acquisition and development program requires a listing of priorities and minimum levels of service to be provided. The actual development of such a system requires relating F the provision of facilities and services to the particular needs and 1 recreation desires of the residents to be served. a Page 19 POLICIES 3.6.1 THE CITY SHALL ENCOURAGE PRIVATE ENTERPISE AND INTERGOVERNMENTAL AGREEMENTS WHICH WILL PROVIDE FOR OPEN SPACE, RECREATION LANDS, FACILITIES, AND PRESERVE NATURAL, SCENIC, AND HISTORIC AREAS IN APPROPRIATE PROPORTIONS IN A MANNER CONSISTENT WITH THE AVAILABILITY OF RESOURCES. PROVISION OF SUCH OPEN SPACE SHOULD NOT REDUCE THE DENSITY WHICH CAN BE ACHIEVED ON THE SITE. 3.6.2 THE CITY SHALL COORDINATE WITH THE SCHOOL DISTRICTS TO DISCOURAGE THE DUPLICATION OF RECREATIONAL FACILITIES RELATED TO THE CITY'S PARK AND THE SCHOOL DISTRICTS FACILITIES UNLESS THEY ARE NEEDED. 3.6.3 THE CITY SHALL DEVELOP INDIVIDUAL PARK SITES, AS DEFINED BY THE PARKS AND OPEN SPACE STANDARDS AND CLASSIFICATION SYSTEM ACCORDING TO ADOPTED STANDARDS. IMPLEMENTATION STRATEGIES 1. The Tigard Community Development Code shall require land divisions and major developments to set aside or dedicate land of the appropriate quantity and quality to provide: a. An area of like character to that which is developed, which may provide active recreation space; and b. Adequate passive open space to protect natural resources at the site and protect development from hazard areas. 2. Lands set aside within developments may remain in private ownership provided_ a. Portions are sufficiently improved and maintained to offer active recreation opportunities; b. They do not interfere with the continuity of or access to adjacent greenway lands; C. Easements transferring development rights are dedicated to the public. 3. Flexible design options within developments will be permitted to mitigate the impacts of required open space and recreation land dedication or reservation. 4- Natural parks shall include areas which have unique physical or aesthetic features and do not have to be developed to be of recreational use to the community. Areas which have special physical features such as natural watercourse, significant vegetation, scenic r _ vistas, and that provide habitat for wildlife shall be considered. Ell Page 20 5. Open space and greenways shall be used to enchance the accessibility of residential areas, schools, and parks by establishing a safe and well-marked trail system which would also connect with significant regional trail systems. 6• Park classifications and standards shall be adopted and a program developed for acquisition and development of a park and open space system to ensure an adequate supply of usable open space and recreational facilities, directly related to the specific needs of the local residents. 7. Streets and drainageways should be combined with a parkway or greenway concept to permit linkages between open spaces, residential areas, recreation lands, and centers of economic activity- 8. Continue the use of volunteer groups to assist is developing and maintain parks. t Q. Master plans for each park shall be developed. These plans shall identify park facilities for each park and ensure that parksare developed so as to promote safe and aesthetically pleasing environments while minimizing andthe otherharmful negativeeffects aspects of urban lifeair pollution, vehicular traffic, 10. Natural parks shall include areas which have unique physical or be of aesthetic features and do not have to be developed to ial physical sical recreational use to the community. Areas which have spec signi icant feataseSand thatch sprovidelhabit t for wildlife fshall be gconsideredscenic v , 11. The City shall retain the 100-year floodplain of eserve (Greenwayts tributaries and the Tualatin River as an open p The Greenway shall be established as the backbone of the open space an be derived, network and residential development public cg adjacent r the greenway should be developed for passive recreation and pedestrian/bike travel. 12. To augment the scenic benefit of the greenway, the City shall establish the major vehicluar transportation routes as scenic or ram visual corridorsublic. and s ark oard should cooperation) anford initiate corridorlandscape ( through p private preservation and/or improvement. 13. In reviewing its park needs, the City may consider the Tualatin valley Park and Recreation District as a viable source to fulfill those Park needs. PAYMENT OF BILLS FOR COUNCIL APPROVAL _r PROGRAM BUDGET Community Services Police 27423.37 Finance & Records 4505.94 Municipal Court 930.61 Library 4944.87 Social Services 683.64 Total Community Services 38488.43 Community Development Public Works 1_7309.61 Planning & Development 3105.68 Total Community Development 20415.26 Policy & Administration Mayor & Council 557.20 Administration 1003.68 Total Policy & Administration 1560.88 City Wide Support Functions Non—departmental 21615.53 Misc. Accounts (refunds & payroll deductions, etc. ) 21103.92 Investments 5000000.00 DEBT SERVICE General Obligation Bond Bancroft Bond & LID Expenses 711942.01 UNIFIED SEWERAGE AGENCY Contract 41720.69 ALL OTHER EXPENDITURES Civic Center Project TOTAL AMOUNT OF CHECKS WRITTEN 1356846.72 4 V u ->d d U U O s .iii m � o ✓-� CJ v u s m s o n C d N 1"� m Cl I� t1 ✓1 1 � N � Cm•1 (+1 O� � V d C I n t•1 .+ mCL N d N = N J m N S Ln r rn J N J N O O u'1 � T O�T J ✓1 [+1 N .O N m � 4 w p n n a. .n w u c o rn eQ d 7 �D a a w w Y co m o.� U� ] U T C. ✓Ji a G 7 A CI O J O U O m �I ] d y O G J 7 N C H'•-� O w1 J ap N d O� Vl y F y N u ep 7 C t"1 N s. C••+ N d G Y •p > ep N m m O .�-a m C C s m 1 � O _ O� s Vl s y [L M m t•1 U I� d O� O� J ""� V v f•1 N m N m v C ^ .Ca O C ['1 J OO m H N CO .+ .D .+ O N N O .-� O m Ed O M1 m s •O r = m m N s rn O• ' M n .p en Yl C'1 Vv T m m %O J V O� a\ J .-1 m l•1 N .O %O m l•'1 s .O N t"1 H m .N•I r .0 .a M n O . 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C1. ' Hd • d .� N P1 J V1 .-1 N r1 N � Q •-1 '� L1. r• •--� � •-a r. N N t•1 b1 J •O � U O I u a � C f U U _ 1 p l0 N O p N VYI I ..� N r•'1 � �O U a ro y 4 W N N.iII1 N s h W` N uH rN NLI `d N x ro rn L O p m O •,0 7 � V1 Vl ✓1 � E U W vs n U Y_ T O C, O O s 7 C"O ro Cli tlD aD r0 C iU� W us vs I v ro I z 'a f\ u L n ` Y 'rx0 u O 0 y H y a+ F ul z 4 n W m 7 C ^ I F S a a �' N o. z a a r :nO Way K s .o J W U W � O ro i �o fg 6 c ao O =O U v y G. 7• ro Wt C a Cp W Q, p. H •� a ro a O t. O a C F aM. a u o •a w oa °° m p �a m X w w HH C 1+ N L a U O O d z A a z w Ta A N o eVl > ++ u t a ro C G u P. N H N S tai d O W F v y u y Off. G+ u 6 Iai d tai OC U3 t a a a S W u w N O H H U p O r OCT CT 1 5 1982 . METROPOLITAN SERVICE DISTRICT 527 S.W.HALL ST.,PORTLAND,OR. 97201. 503/221-1646WAIF f F METRO October 14, 1982 L' U Rick Gustafson EXECUTIVE OFFICER Metro Council Cindy Banzer PRESIDING DISTRICT 9ICER Dear Washington County Elected Officials and Staff: r Bob Oleson DEPUTY PRESIDING I would like to invite you to attend Metro's November 8 - OFFICER DISTRICT? Regional Development Committee meeting, which will be Charlie Williamson held in Washington County. Our committee has expressed DISTRICT2concern over the condition of roads in the County and Craig Berkman realizes that transportation constraints are a critical DISTRICT3 regional issue. We have invited the Sunset Corridor Group Corky Kirkpatrick to make a presentation at the meeting on development DISTRICT4 proposals and transportation constraints they have r Jack Deines encountered. We would also be interested in hearing DISTRICTS your concerns on the issue. Jane Rhodes E DISTRICT 6 The meeting will begin at 6:30 p.m. at the Tualatin Hills E Betty Sch T7 park and Recreation Center. We look forward to seeing you s DISTRICT? I there. Please contact Steve Siegel at Metro, if you have Ernie Bonner DISTRICTa any questions. Bruce Etlinger DISTRICT70 Sincerely, 6 i i Marge Kafoury DISTRICT11 Mike Burton DISTRICT12 Ernie Bonner Chairman, Regional Development Committee t EB:lz i i i i I i r i i i f l League of Oregon Cities SALE,Lf: Local Government Center, 1201 Court Street N.E., P.O. Box 928, Salem 97308, Tele one:(503)588-6466 EUGENE: Hendricks Hall, University of Oregon, P.O. Box 3177, Eugene 97403, Telephone: 1686-5232 Salem, Oregon October 18, 1982 It To: (1) Mayor of Oregon Cities (2) City Managers/City Recorders Ballot Measure #3 is still ahead in the polls but its margin of support is eroding. The election will be won or lost according to how the large block of undecided voters moves between now and election day. We urge you to continue talking to your citizens about the likely consequences passage of Ballot Measure #3 would bring to your city and we offer the following additional information for you to share with others. 1 . Calculating the Impact of Ballot Measure #3• A sheet is attached to help you figure out how the measure will affect your city' s 1983-84 revenues. 2. Federal Revenue Sharing. Because the revenue sharing formula is based in large part on local tax efforts, the amount of money coming to Oregon under the FRS program will be reduced. It' s not possible to identify how much the cut will be or how it will affect each city but it will be substantial . The program is only funded through September, 1983, and may well be phased out altogether, further compounding the city's revenue problems in 1983-84. 3. User Fees as a Substitute for Property Taxes. Individuals now paying for local government services through the property tax can claim those taxes as deductions on their federal and state income tax returns. To the extent that user fees are substituted for property taxes then individuals may end up paying a higher net cost for those services since user fees are not an allowable tax deduction. 4. Are Property Taxes Really the Villian? Property taxes in Oregon have grown at a slower rate than both corporate and personal income taxes. Between 1971-72 and 1981-82, for example, corporate income and excise tax collections grew by 206%; personal income taxes rose 285%. Property taxes grew by 166% or only 26% greater than the Portland Consumer Price Index over the ten year period. 5. Who Benefits from the Property Tax Cuts? If the measure passes, the revenue loss to local governments in the first two years will force potential service cuts in the order of $1 .6 billion. Because of the reduced property tax deduc- tions on federal and state income tax returns, Oregon taxpayers will be sending an additional $250 million to the federal government and another $50 million to Salem over that period. Only 40% of property tax collections in the state are paid by individuals. The majority (60%) is paid by businesses. So the OFFICERS: Mayor Jack R. Nelson, Beaverton, president • DIRECTORS:Mayor Alan Berg,Corvallis • Mayor Dale Courtney,Milton-Freewater a Mayor Elvem Hall, Newberg o Mayor Al Gerald"Lou"Hannum,councilmember,Medford,vice-president0 Hatton,Lincoln City• Mayor R.A."Gus"Keller,Eugene,immediate past president• Mike Lindberg,commissioner,Portland • Ruth Burleigh, counamember, Bend, treasurer • Stephen C. Mayor John Lundell,The Dallas•Robert L.McWilliams,city manager,Redmond•Sandra J.Rennie,councilmember,Springfield• Bauer,executive director. Jim Watson,city:nanager,Klamath Falls. Mayors , Managers/Recorders October 18, 1982 Page' 2 largest share of Measure #3' s benefits would also accrue to business and not individual homeowners. The Oregon Department of Revenue has said that since most Oregon corporation income tax is paid by multinational firms, about 75% of businesses' increased profits because of Measure #3 will escape Oregon corporation income tax. 6. The California Comparison. Passage of Proposition 13 did reduce property taxes in California. In 1980-81 property taxes there were 22% below the national .- Iavgr fbe.t ,,.,But other taxes were significantly above the national norm--death s"r and gift taxes 136%, personal property taxes 1210, corporate taxes 76i , sales taxes 40%, personal income tax 21%. Between 1977-78, the year prior to Proposi- tion 13 and 1979-80, local government fees and charges increased by 40% while the state government boosted its fees and charges by 19%. State bail -out payments to local government of $3.9 billion in 1978-79 and $5. 1 billion in 1979-80, helped plug the property tax loss gap. Oregon's economy desperately needs development and diversification. To accomp- lish this the state and its ; )cal governments need to make large capital expendi - tures . Yet two years after proposition 13 only two states spent less than California on capital outlay expenditures. 1979-80 state and local capital outlay expenditures in California were less than the national average in the following areas : State Highways 670 less Local Roads and Streets 190 less Local Schools 63% less Institutes of Higher Education 21% less Hospitals and Health Facilities 34% less Sewerage Facilities 270 less California ranked last among the states in highways , roads and streets expendi- tures by state and local government. The measure did not strike much of a blow for reduction of "red tape" and busi- ness regulation because 1979-80 figures for protective inspection and regulation by state and local government ate above the national norm by 77%. 7. What Is Indebtedness. The Attorney General ' s Opinion (No. 8130, Sept. 1 , 1982) defines "indebtedness" to include not only bonds already sold but also other obligations of a long term (longer than one year) nature where the amount of obligation is known and is not subject to further negotiation or question by parties to the contract. Therefore, salaries or fringe benefits under a multi - year bargaining agreement do not constitute "indebtedness" for purposes of levy- ing outside the $15.00 tax rate since the actual amount of obligation is not known prior to passage of the measure. However, existing tax levies restricted to fund retirement and pension obligations may be levied outside the limitation. c r Mayors , Managers/ir,ecorders r. October 18, 1982 Page 3 Any contract For the purchase of tangible items or capital improvements which is enforceable by either of the parties is also ''indebtedness'' and a tax could be levied outside the $15.00 tax rate limitation to complete payment of that obligation. Lease purchase agreements , depending upon the terms of the agreement may or may not create indebtedness . Period to period leases where the city can terminate the agreement at the end of each period and where the city has to exercise its option to purchase at some time in the future would probably not be indebted- ness. However. if the city has to make lease pays-rents for the entire period of the lease regardless of whether it has the option to purchase at the end of the lease period , an indebtedness is probably created . Cities with leases may want to review the terms of their agreements and weigh the merits of converting period-to-period leases to lonq term obligations before November 2, particularly if large annual payments are involved . 8. Annexa�'.ions and Service Expansion. There will be little incentive for existing cities io expand service delivery beyond existing boundaries or for new cities to be formed to provide urban level service to urban unincorporated areas. 9. Essential Services. The measure talks only about budgeted amounts and not service levels when it refers to maintaining police, fire , ambulance and para- medic services at 1979-80 levels. Inflation along , since that time, will de- flate the value of those amounts by 30-40!, in 1983-84. 10. The 85 Override. The measure says the lei limitation shall be expanded to the extent necessary to generate 85% of 1979-80 total revenues. To reach the limi- tation many communities will have to seek voter approval for the amount between existing tax bases and the limitation. It is not clear whether the city council has to seek additional taxes or if it can choose between property taxes or other forms of revenue to reach the 85% level . It 's also not clear what happens if voters reject requests for tax or p other revenues since Ballot Measure #3 does not authorize but only limits tax and revenue growth; the city may not want to tax any of the expanded override limitation amount because by doing so it automatically straps itself with a maximum 2% budget growth limitation as well . il . Homeowners , Landlords and Renters. Ballot Measure #3 does not protect HARRP (the Homeowners and Renters Relief Program) and the legislature may abolish it if it sees fit. Landlords should be concerned because the legislature could mandate rent control programs to see that reduced property tax benefits are in fact passed on to renters. Renters on the other hand may be interested in initiating such legislation if Ballot Measure .#3 passes. 12. Elections Under Ballot Measure #3. The proponents intended to limit all elec- tions to two dates each year in May and November. The language to achieve this Cwas incorrectly written and local governments may go to the polls on any of the six dates currently authorized under state law. • r Mayors, Managers/Recorders October 18, 1982 Page 4 In its direct fiscal impacts on local governments, in its impact on capital financing and economic development programs and in its impact on individual citizens of the State of Oregon, Ballot Measure ##3 proposes drastic and inequitable change. We urge you again to speak out on this issue in your local community in the remaining days before the election so that voters may be well informed when they go to the polls on November 2. Sincerely, Stephen C. Bauer Executive Director SCB:bas Enclosure Roger L . 'itsinp.er 1470 ::','J 89t1, Ave . - t Tigard , ,reeon 97223 11 mune, 1982 City of Tigard Administration 12420 SW main, F. O. Lox 23397 Tigard , Oregon 97223 Attn: city Council -.ear Council Le.ajers : East night(Tnursday, dune 10)j as many concerned residents as could fill the conference room at the Durham Treatment Tlarit came to make their concerns known at the Tigard zone variance nearing to consider the application to change the property at the southeast corner of Bonita and Hall Blvd. from C5 to C3 for the purpose of building a Plaid Pantry "convenience ctore " or. that location. Tne residents all were from the neighborhood close by the intersection, and were pro- perty owners One by one, the residents young and old trooped up to the Hearing Officer 's table and made their concerns known: fear that additional traffic at tnat bad ir_tersection eould result in a terrible danger. One resident recalled the fatality that occured"right in front-' of her property. TLlis nappenec ,.hen the traffic was no worse tna.L, it • 2s now. All residents agreed . Farer.ts told of concern that their chil- dren would be drawn to the store to play the electronic games , and ouy candy. Tuey felt(the parents) there was a great danger in this as the children woulc oe runnir L across traffic and could easily be Lit and killed. During the testiu,orly on traflic problems , the hearings Officer told us that a traffic signal system was to be installed at the intersec- tion. Tnis came as an unpleasant surprise to everyone. As one resi- dent noted, the intersection at -bonita and Fell is a duplic^te of the intersection of tL�ll and nunziger, and the traffic ligrit system tnere was a ridiculous ill conceived rigntmare . it looxed like the traffic engineers Lad used one of everytning tney nad. Concern was voiced that the location could be a lunch time and after- scnool nangout for the students attending the three schools close by. Others mentioned tneir fears of what the area. would become after darK with the sale bf� leer and wine . They felt there would be an element wnicn would violence, tneft, and other crime in the area where there nad been none before . Others feared a plummeting of the property values of their residences; vacancies and loss of rental income in their units which was . bad al- ready. New residents to the south of the subject site said ttaey had chosen the Tigard area to locate in because of its unspoiled country atmosphere and had no knowledge that this Plaid Pantry was going to 16ca-te there . Thp Hearn s Officer Qai jout wasr incu"tb nt on the come buyer to asK their rea Esta e ager a ;ea-1 I-state agents ci.dn 't always tell a client all there was to know unless asked . -,eople thereto a person,told the ITearir.g Officer that we had five to .ix grocery stores within five minutes of our homes and didn 't need any"convenience store." All wondered how a comrr:ercial venture like this could even have been considered by city planning in the middle o{ a II residential neighborhood. The hearings Officer told us that the proper- ty was zoned C5-General Commercial on the Comprehensive Plan passed by the city council, had been that way for years for all to see and that she would riot address that point except to say that to cftnnge the Compre- hensive Plan was an altogether different procedure. During the nearing, the Hearings Officer reviewed a map and told us that sne did not know the area for she was new to our city. But, sole said,she faad looked at tie site on the way to the nearing. Several pieces of written 'testimony were given to her and she said they would be included as part of the records as would a map of the area presented to her. The applicant, an employee of Plaid Pantry Inc. showed no outward con- cern during all of this testa-wony and smiled.r_several times . ','lne�� it caLue time for nis rebuttal, the Plaid Pantry representative discounteu the residents commerits saying, we were all down on Plaid Pantry but ne ; wasn 't taking it seriously. 'Then asked which of two sites - one � school and one not- which would Plait: Pantry prefer, he said , "the one near a school . " he said Plaid Pantries didn't cause more traffic , Just increased movement in existing traffic . 'r,'nen asked if it would be fair to say ''that►ueant fast entrances to and exits from his store during morn- ing and evening commuter 'hours, he said no , that wouldn ' t be fair. "e said that Plaidaritries didn' t cause any criminal element, that wasn ' t _n the area already. Yirien asked if he agreed that a fair statement would be that Plaid Pantry drew in Aa bad element like a magnet, he sadidno. He allowed as that Plaid Pantry had only good inten4ions . y intend to cause trafnot �'ic . They did not intend to lure children. They/dlr not intend to create a hangout. They did not intend to bring down values of homes in the area. I asked the Hearings Officer if the Plaid Pantry fire, dial not have to present market figures to ner to snow that the business can make a go of it. chat would caapi en if the store failed't 1'e could be left with a derelict building. The Hearings Officer said that didn' t matter.P'o figures need to be subwitted and only the decision of that evening was what mattered; anything else would be ruled out of order. At the end of the nearing, the Hearings Officer, witnout any apparent reading of the written testimony, said that she was prepared to make an oral decision at that time, but that she still was not satisfied with what she clad heard on traffic. All that had been said was opinion, sne said,and she needed to see some data on that on paper. One person in oposition to the store said he would get some information fromthe Oregon Department of Transportation. Tne r::an from Plaid Pantry said he also would get some information for herr favy ' P''-O eR-IvPte- i asxed the Hearings Officer wnat she would look at to base her decision. Sue said she tried not to let ewotion or lumbers influence her decision. if tnere were 50 perople against an issue and only one for, that would not be considered in her decision. I told the hearings Officer she had told us what she didn ' t consider. taut, Iked, "what do you consider?" Sue said she 1 oked at the �'omprehensilre flan for the area, the Staff Ige- port and othe9xisting material. 1 asked, "foes that mean thatn ou will not consider anything that has been said by the concerned reside tonight S. since that was all emotional opinion•c "Sne said that was like string if' sue beat her riusband . Sne was a professional nisl eco her work not let ` almost 2 years as a tieari.ngs Officer , her; she never had. emotion or numbers influence The let down was visable among the participants as t1-ie hearin was to an en' I wondered why notification had been eelinas;�w the called ortunity to speak our g hearing;why vve liven the opp ce I nearing nad been held nein eas1far asrst apersonshtestimonyvwas concerned. exercise signifying nothing g thin 2 isn' t And why didn ' t these persons ' feelings , concerns , mean any g that what needs to be considered in zoning Testimony Ofariancesl BbeliefscParere the soul of scientific empirical evidence. y toconsidered t not accepted in court as testimony . littleTigard2 'heoJ • was this per — nere at a zoning variance hearing ax.son to deny tue valido7of the emotions of t��ese people who would leve with tue results of leer deci sion for years to colte, both as it affected i tient family and their fortune. If such a decision could be made against our will or in spite of it, wnat else would or could follow? The man next to me, woo nad spoKen with sincere concern as had we all, eenI'o use coming to the said to me "Ther decision already has teen variyL,adetrie man from the Plaid continuance Wlad to agree. I knew This cuust nage teen old stuff for uw i . Pantry kept sailing. E most v;as riot teat we ;;ere being told by town officials ;'drat had Hurt m f what we were going to be giveii—wnJen is against the very principle of city governmentkor for t"at matter a-Lly government in tats country) of But trlati we had and by tele innocently, eli trie pthateourdfeelin€;swell as resilg.dents were impor— come innocently, believing ( tant;tha t it was our well ceing trat was oeing cAnd1aerhadbefore allowed tiding on the application from this. . .outsider. Y'f to say our piece wuile all the while le city o__Zczal or his repre— sentative ept —sentative wAs butt going through a routlne ,an act. A corporation was y what to do and i- , we WLIO lived there na.d notning telling our cit s at least how 1 perceived the nappen to say in the matter. Or tn-Ls i — ing. I know1wh.en the people left, some of them would never attend a hea.rirg of this nature or bring an opinion to be heard again. It nad been cneaper.ing for them. The older residents looked like whipped dogs. The younger people there were dazed , incredulous in the realization that all we nad believed about a peoples government, about a concerned town officialdum working for .our interest was--in Tigard at least-- just a conceptA_- �; not a reality . Plaid Pantry was walking over way. er -us and the Hearings Officer for the city of Tigard was leading y Ode were not even there. We were nothing. Our families, our children. our pride, o,.,r fears. . . all were nothing. We were not even there. Sdncer , i sing cc: Tigard 'Times 1 U1 00 l cq cl cooD t+1 t�1 ' N p n w ir1 � 1 N .�.i N N N H 0 d x .0 00 u1 O N f,.. 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'- r-I -T I 10 O O O 10 X1'1 N O 00 �--� O CT �T N -T — .-e M W M Li 1 to �I E, O �--� N CT O O .t cc oo U I � i777 1 ,tEAyy O k.4 pz, X W d v M o m m o n n In v M eh o m N o .n vrn m w m m m n m n .-1 0 0% m .-i n m a-1 m n .V-t n Cl Ln V' O m N r-1 N W 1� N 54 U1 O ol 14 N W t: N & m m H ami .n x m H o 3 Eol a.. ul dr E m N '4 C4 O W .d d 0 m ; qm e O 4 w x S N y O O O H r(�] Y .o7+ al w to v q per, al M r7 U iC .i N In a/ rl N 1+f ti G7 N In IA pp fn r-1 .'1 ri U O+ N N N N N N W N N N sC � N � _ rn s o 1 •o ,--� o .o Cl) M O — f� M rn N O O 7 iN 0 .n M M 10 O I '-1 M M 1 M sa ro 0 r 0 1 co Q m O+ O W Vl O i y N 00 M wa U 1 I W q 1 i I �7 Z E H I I I H ul O a 1 M N U U O o o x ° + w, 0Tr 0 � N O t :f Ln O O 1 O m m mO O O O O O O O O � 1 N t'7j co to m .•-1 r9 •.i V ro d d w w aNi to In 4; .0 C a V pFA 8 4J 4j h W PL. tr N tHo •7 �' 1 1-4 .0 H r•/ HCl b. p CO C •+ +i Li IT Z .0 y, 43 r: N ro a w a� 1°n - x m $ Ic qoq o ai a w w y .D m V .n O m N N 1 1 1 O O �a (ps�.7, a � lo N H 'L t 1 1 1 1 t 1 1 1 I 1 1 1 pWW .•.1 rl rl ri e-1 .� .••! rl rl r-1 e-I r-I Nf m 41 O "-� r-1 1D „-,}I M co 1D 1 1 �t O O� O O o0 M1 1 N 7I O O 7 O M M M M I 1".. y C ELI) M Vl d ul 1 1 � t� Cc7l9 N o+ n n 43 O O N H N M 1 1 M i1 ' I 1 W ' co co K 17 Q H H E a, H y O u � 1 cy� p M 7Q-1 W 7.. w Iw 4 w b Ri p p O p N c O O O �IOj N .--I O n` N 01 d] p N m In N N O1 rl iC1 1-i r: O p O 34 A al y @40, t; 43 cn a y .a Oji cL Id"E}cli .. t�0. O V "� Cy O O y co 34 43 4j 44 4.1 Aj 44 VN' 1N Ln OD co p � N y W .�-i e�-1 e-1 .11 m N N u1 111 E y� o 1 � N 1 O i1 Oo 1 co N f 1 O O N D CD E W H In O (y r7 1 �p V 2 H W D W 'b ti e+l ON tD m � m N T n .-i I W C O U N00 tp 41 W C a 8 93.En a 1�bg aad ar a �ra■r s of r®r 13L� 1T y October 21, 1982 C MEMORANDUM TO: Mayor and Council FROM: Director of Public Works 42A'-� SUBJECT: SW 72nd Avenue LID #21 - Right-of-way Acquisition The attached is a permit of entry form from the Southern Pacific Railroad Company on their terms. We are negotiating with Southern Pacific for a donation of a 5 foot easement or S foot right-of-way. If we sign this agreement, part of the terms would commit us to proceed with condemnation for 10 feet if we cannot agree to other terms within one year. I feel confident that we will reach an agreement with Southern Pacific for the S feet (easement or right-of-way). COUNCIL ACTION: I would request Council move to enter into the agreement by authorizing the ( Mayor to sign as indicated. FAC:lw DE HAAS &. ASSOCIATES, INC. CONSULTING ENGINEERS& SURVEYORS SUITE 445-AGC CENTER WILSONVILLE, OREGON 97070 9450 S.W. COMMERCE CIRCLE i503i 682-2450 C October 15, 1982 Mr. Frank Currie Director of Public Works City of Tigard P. 0. Box 23397 Tigard, Oregon 97223 Dear Frank: Attached is what represents a Permit of Entry for Southern Pacific Transportation Company property on 72nd Avenue (exclusive of the operating right-of-way) . We have reviewed the documents and suggest that the City acknowledge and return the carbon copy as requested to the railroad. We have made an additional acknowledgement copy and ask that you return that copy to us so that we may have a correct and current file. Sincerely, MARLIN J;WE' HAAS, P.E. MJD/slc Attachments cc: Ident 63 southern Pacific Industrial ®e-sail®prnent Carnpany Southern Pacific Building • One Market Plaza . San Francisco, California 94105 • (415) 362-1212 IN REPLY PLEA6E REFER TO OUDtEr C.DADO October 1, 1982 REGIONAL MANAGER CHARLES F.KLEEB,JR. Tigard-City HURT F.PRESNELL AREA MANAGERS D.J.ORLOFF ,\ SPECIAL REPRESENTATIVE Mr. Robert W. Jean City Administrator /pity of Tigard 12755 S.W. Ash Tigard, OR 97223 Dear Mr. Jean: SOUTHERN PACIFIC LAND COMPANY, as agent for SOUTHERN PACIFIC TRANSPORTATION COMPANY (herein "Permittor"), hereby permits the City of Tigard (herein "City"), to enter upon Permittor's property located in the City of Tigard, County of Washington, State of Oregon (herein "premises"), as illustrated on the print of Permittor's Drawing No. A-6228, dated September 3, 1982, attached and made a part hereof, for the improving of S.W. 72nd Avenue in connection with the proposed acquisition by City thereof through eminent domain proceedings. This permit is subject to all licenses, leases, easements, encumbrances, and claims of title affecting the premises. To the extent permitted by law, City shall release and indemnify Permittor from and against all liability, cost and expense for loss of or damage to property and for injuries to or death of any person (including, but not limited to, the property and employees of each party hereto) when arising or resulting from the use of the premises by City, its agents, employees, or invitees, or City's breach of the provisions hereof, whether or not caused or contributed to by any act or omission, negligent or otherwise, of Permittor, its employees, agents, contractors, subcontractors, or their employees or agents, or any other person. The term "Permittor" as used herein includes the successors, assigns and affiliated companies of Permittor, or any Railroad company lawfully operating upon tracks located within the confines of the property. City shall comply, at City's expense, with all applicable laws, regulations, rules and orders regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality, and furnish satisfactory evidence of such compliance upon request of Permittor. should any discharge, leakage, spillage, emission, or pollution of any type occur upon or from the premises due to City's use and occupancy he satisfaction Cityshall h ll be obligate and dto eny clean the premises at City's sole expense governmental body having jurisdiction thereover. To the extent permitted by law, City agrees to indemnify, hold harmless, and defend Permittor against all liability, cost, and expense (including, without limitation, any fines, penalties, judgments, litigation costs, end attorneys' fees) incurred by Permittor as a result of City's breach of this paragraph, o^ aS a 1'sult of any such discharge, leakage, spillage, cher such liability, cost , or expense arises during or emission, or pollution, regardless of wl iy, cost, or expense is proximately caused solely by after the term hereof, unless such liahili the active negligence of Permittor. It is understood that this permission is not a waiver in any way of the right of -1- City of Tigard -2- October 1, 1982 _ compensation for the premises, or of any remedy authorized by law to secure payment therefor. This permission is granted with the understanding that City shall hereafter, without unnecessary delay, negotiate with Permittor to agree upon terms of compensation. In the event City and Permittor are unable, within_ one (1) year from the date of this letter, to reach an agreement, City shall immediately file and thereafter prosecute with due diligence a proceeding in eminent domain before a court of competent jurisdiction for the determination of the fair and just value of the premises, and/or the property rights to be acquired therefrom. In addition to the compensation to be paid to Permittor, whether it be determined by negotiations or by court award, City shall pay Permittor seven percent (7%) per annum simple interest on such compensation commencing upon acceptance by City of this letter and terminating on the date the amount of judgment is deposited with the court having jurisdiction thereover. Any person, firm or corporation you authorize to work on the premises shall be deemed to be City's agent and shall be subject to all the terms hereof. City will not suffer any type of mechanics' or materialmen's liens to be enforced against the subject premises for any work done or materials furnished at City's instance or request. City agrees to remove all filed liens against the pr6 Rises, at City's cost and expense, including any judgments. Should City fail, neglect or refuse so to do, Permittor shall have the right to pay any amount required to release any such lien or liens, or to defend any action brought thereon, and to pay any judgment entered therein, and City shall be liable to Permittor for all costs, damages and reasonable attorneys' fees, and any amount expended in the proceedings, or in the payment of any of said liens or any judgment obtained therefor. This permit shall be effective as of the date of this letter and shall continue in effect until property is conveyed to City or until City files a condemnation_ action as herein stated. Absence of markers does not constitute a warranty by Permittor of no subsurface ( installations. If the above terms are acceptable, kindly endorse acceptance on attached copy of this letter and return to undersigned. If the endorsed copy is not received by the undersigned within thirty (30) days from the date of this letter, this permit shall automatically terminate. Very truly yours, FHP/kds Attachment Agreed to and Accepted this day of September, 1982. CITY OF TIGARD By Title C dl.L.get 04 1911 Q m � � � •� I I W i s ,LS 89 __CS981 i I 0 LLJ V) i ! ° W z j I f� i In N F LL- x Sm t AGREEMENT ! THIS AGREEMENT, made and entered into this '& day of �� , 1982 , by and between CITY OF TIGARD hereinafter called Owner, and Arenz & Hurl , a joint venture hereinafter called Contractor. WITNESSETH, that the parties hereto do mutually agree as follows: ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said Owner, said Contractor agrees with said Owner to p-rform and complete in a workmanlike manner all work required under the bidding scheduletakwER (attached hereto) of said Owner's Contract Documents entitled "SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 92�qD AVENUE STREET IMPROVEMENT PROJECT" in accordance with the specifications and drawings therefor, to furnish at his own expense all plant, temporary structures, labor, services, materials, equipment, tools, supplies, transportation, utilities, and all other items and facilities necessary therefor, except for such materials, equipment, and services as may be stipulated in said specifications to be furnished by said Owner, and to do everything required by this agreement and said specifications and drawings. ARTICLE II: For furnishing all said labor, services, materials, equipment, and supplies; furnishing and removing all plant, temporary structures, twls, supplies, transportation, utilities, and all other items and facilities and equipment, and doing everything required by the Contract Documents; also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise during the prosecution of the work until its acceptance by said Owner, and for all risks of every description connected with the work; also for all expenses resulting from the suspension or discontinuance of work, except as in the said specifications are expressly stipulated to be borne by said Owner; and for completing the work in accordance with the requirements of said specifications and drawings, said Owner will pay and said Contractor shall receive, in full compensation therefor, the price(s) named in the above-mentioned bidding schedule(s) . ARTICLE III: The Owner hereby employs said Contractor to perform the work according to the terms of this agreement for the above-mentioned price(s) , and agrees to pay the same, at the time, in the manner, and upon the conditions stipulated in the said Contract Documents; and the said parties ( for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the -onvenants herein contained. F-1 AGREEKENT ( ARTICLE IV: The Contract Documents, comprising the Notice Inviting Bids, Instructions to Bidders, Proposal, Bid Bond, Agreement, Performance Bond, Payment Bond, and all certificates and affidavits attached hereto; also the General Conditions, Supplemental General Conditions, Technical Provisions, Drawings, and all addenda issued by the Owner with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made part of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. (SEAL) City of Tigard, Oregon (owner) By: -L- (Signature) (Title) Attest: (Signature) (Ti tle) F (S Arenz & Hurls a joi venture a or) By: (Signature) Partner (Title) By: Approved as to form and execution: (Signature) Partner (Signature) 1t I e C (Title) F-2 CITY OF TIGARD 92ND AVENUE STREET IMPROVEMENT PROJECT BID SCIiEDULE Estimated Unit Total Item Description Quantity Unit Price Price 1. Trench, install, /� PSTS fill 12" L.F. 396 $ $ T _�S 2. Clearing, grading, e� excavation - L.S. AIL $ 3 y OCA.'- i 3. Manholes (Complete 1 $ ��� $ Gfl installed) - EA. z 45 $ .,� $ 2 S(, 4. Class "B" A.C. - Tons ' ( 5. 3/4"-0 Crushed 20 $ �� $ 22 Rock - C.Y. r { 6. 1le"-0 Crushed 80 $ /�, $ Rock - C.Y. I30 7. Curb-conc. Std. - L.F. 4 $ $ 8. Sidewalk - Conc. S.Y. 220 z 3r $_27127 9. Driveway Apron - L.S.* 3 lam-- $ - $ (Conc) ` �^ 10. Mailbox Cluster - L.S. 2 $ 11. Wheelchair Ramp - L.S. 1 $ $ (Conc) 12. Roadside Ditch Regrading - 30 Lin. Ft. $ $ 13. Restore Lawns, Reinstall Mail- G8 boxes, etc. - 1 L.S. $ Com© r 00 TOTAL $ Lump Sum Bid: .� iJc `j �cc w�. "/r?c�t�sc.r cJ f i /�7�.� L' • q �j a��•o� t-'a "S (Written in Words) *NOTE: Material required for driveway apron installation is included within sidewalk material (quantity-unit) figure. C-3 PARTNER (S) ACKNO1V1,EDGM1'N'I i STATE OF OREGON i COU NTY OFLC` ---) E i i On this _— �- - ---day of U 19Z , before me pe--sonally came ( to me known, and a R stated that he is a partner in the firm of a partnership, and acknowledged that he executed the foregoing instrument as the free act and deed of said firm. IN TESTIMONY WHEREOF, I HAVE ` hereunto set my hand and af- fixed my official seal and day and year last above written . F E 4 Notary Public for Oregon riy Commission expires If z f t t f I PARTNER (S) ACKN0WT,FDGN11-.N1' STATE OF OREGON ) ss. COU N`ry OF On this day of ____Y 19 , before me personally came ___-__ to me known , and stated that he is partner in the firm of a partnership, and acknowledged that he executed the foregoing instrument as the free act and deed of said firm. IN TESTIMONY WHERF.OF, I HAVE hereunto set my hand and af- fixed my official seal and day and year last above written . Notary Public for Oregon My Commission expires _ _ Bond No. 2350-07-042717C PERFORMANCE BOND ( KNOW ALL MEN BY THESE PRESENTS, That Arenz & Hurl , a joint venture as Contractor, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company as Surety, are held firmly bound unto CITY OF TIGARD, OREGON hereinafter called "Owner," in the sum of Eighteen Thousand Fifty-eight _ ---------------------- ----------------------------($18,058.00) dollars, for the payment of which sum well and truly to be made, webind orsevend our heirs, executors, administrators, successors, and assigns, jointly severally, firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract with said Owner to perform all work required under the bidding schedule(s) of the Owner's Contract Documen entitled "SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 92ND AVENUE STREET IMPROVEMENT PROJECT " NOW THEREFORE, if said Contractor shall perform all the requirements of said contract required to be performed on his part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the work to be done or the materials to be furnibned, or changes in the time of completion, which may be made puLsuant to the terms of said contract, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety. SIGNED AND SEALED, this 8th day of October 19 82 (SEAL (SEAL) EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Arenz & Hurl , a joint venture ( (Surety) Contrac By: (Signet re) (Signature) Lee Harmon Attorney-3n-Fact By: Original & 1 Carbon 1gna ur (SEAL AND NOTARIAL ACRNOWLEDGMF;NT OF SUFcE"►'Y) m%j C9tc�cc��5s� fes► �: 3=z-y-e�5 G-1 Bond No. 2350-07-042717C PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That Arenz & Hurl , a joint venture as Contractor, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company as Surety, are held firmly bound unto CITY OF TIGARD, OREGON hereinafter called "Owner," in the sum of Eighteen Thousand Fifty-Eight -----------------------------------------------------------(18,058.00) dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract with said Owner to perform all work required under the bidding schedule(s) of the owner's Contract Documents entitled "SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 92ND AVENUE. STREET IMPROVEMENT PROJECT" PROVIDED, that any alterations in the work to -be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said contract, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety. SIGNED AND SEALED, this 8th day of October , 19 82 = (S (SEAL) Arent & Hurl a O t ventu EMPLOYERS INSURANCE OF WAUSAU A Mutual Company ( ctor) r (Surety) By: �IU�S�,n G►L- (Signature) (Signature) Lee Harmon Attorney-In-Fact By: fl � ---- (Signanure Original & 1 Carbon (SEAL AND NOTARIAL. ACKNOWLEDGMENT OF SURETY) =Mimi 4 H-1 •v• �+r+V V V 1 V V al Z V ENAPK1'ERS INSURANCE OF WAUSAU A mutual Company _ . POWER OF Nri3ORNF,Y KNOW Ai.l. MEN BY Tlll`:SK 1110-:S)ENTS: That the EMPLOYERS INSURANCE OF WAUSAIJ A Mutuai Company,a corporation duly organized and existing under the taws of the State of Wisconsin,and having its principal office in the CCounty of Marathon,State of Wisconsin, Cityof Wausau, has made,constituted and appointed, and dues by these presents make•,constitute and appoint -_-- _ Lee Harmonits true and lawful attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, seal, acknowledge and deliver ANY OR ALL BONDS, UNDNCLUDINGS, RECOTSIZANCES OF O AND OTHER WRITS TEN OBLIGATIONS. TN THE NATURE THEREOF. TO THE CONDITIONS OF CONTRACTS. NOT TO EXCEED THE PENAL SUM OF TEN MILLION DOLLARS ($10,000,000) . and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney-in-fact may do in the premises. _ This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a meeting duly called and held on the 18th day of May, 1973, which resolution is still in effect: OF "RESOLVED,thatthe President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE' • owers of ` WAUSAU y Mutual named in the given powerbe and that each ofthem of attorney toe execute onibehalfof EMPLOYERS authorized to execute INSURANCE OattorneF WAIUSAU the attorney A Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary and to be,and that each or any of them hereby is,authorized to attest the execution of any such power of attorney, attach thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company." "FURTHER RESOLVED, that the signatures of such officers and the seal o. thereto by EMPLOYERS INSURANCE OF relatin or to tificate WAUSAU Aa any such of attorneybe f or certifixed to cate beasuch n g such facsimile r of signatures and facsimile seal shall be _ owe facsimile,an y P when so affixed and in valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company _ the future with respect to any bond,undertaking or contract of suretyship to which it is attached" IN WITNESS WHEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents o be al to be hereto affixed this signed by the vice president and$Otested by its secretary,and its corporate se day of November 19 EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Z _ s s�o By Vice President _ e L. J. Baumer .S L Attest: p v R.J. Wendorf Secretary STATE OF WISCONSIN ) ss. COUNTY OF MARATHON ) November 19 80 before me personally came On this 1 Srh —day of to me known,who being by me duly sworn,did depose L.J. Baumer the corporation and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Coat the mpany, described in and which executed rate the above 1 and that itwassont;that he affixed by urdersthe seal of said of the.Board of Directors corporation; said corporation and that he instrument is such corpora signed his name thereto by like order. IN WITNESS W HEREOF,I have hereunto set my hand and affixed my official seal the day and year herein first above written. Notary Public R.J.Wendorf v: NOTARY PUBLIC STATE OF WISCONSIN J MY COMMISSION IS PERMANENT T_ t" CERTIFICATE STATE OF WISCONSIN ) CITY OF WAUSAU ) ss. COUNTY OF MARATHON ) I,the undersigned,vice presiden_tgofEgMPLOYERS INSpURANCE OF WAUSAU A Mutual Company a Wisconsin corporation, do hereby NT pRI1�iTthe ED IN THE AIAKGIN THEREOF IN RED PNK,rema ns in full ower of . f rUSTote and has notbee VALID evoked; C STATEMENT and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in of C, Signed and sealed in the City of Wausau, Marathon County, State of Wisconsin, this 8th day o. a ' 19 82 i Vice President N00- 1 J. Baumer w oc NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATT NEY, CAi.L TOLL FREE(800)826-1661. PUBLIC WORKS CONTRACT AGREEMENT T�+ da of 1982 THIS AGREEMENT, made and entered into this _ y - ure hereinafter termed between Arenz & Hurl , aof otnthereinafter termed the "City." "Contractor" and the CityTigard, W I T N E S S E T H: WHEREAS, pursuant to invitation for bids publicizetted a d b theosal tCithe City on Contractor, in accordance therewith, September 20, 1982--. and sal of WHEREAS, the City heretofore has dbidrreceivedthat andaas suchowas dulyh accepted Contractor is the lowest and best by motion of the City Counci9182 the City, at its meeting on the 27th day of September NOW, THEREFORE, in consideration of the said offer by the Contractor and acceptance by the City, it is agreed between the parties as follows: 1. That the Contractor is hereby bound to comply with all requirements of this agreement, the Contractor's proposal, the detailed specifications and ic requirements, the drawings, and the generai conditions by The Cind ty of Tiatigardns conditions conditions as set forth in the documpared ents e stheper ormance bond, all of which are Oregon (and its en(lineer) collectively ref erred to herein as "Contract Documents" pertaining to the improvement of SW McKenzie Street LID #36 orce an a ect as and 'coy this reference made a part hereof t 11 o the same ega if set forth herein in full. 2. The Contractor agrees to furnish all necessary materials, labor and equipment necessary to complete in a Workmanlinesmanctrcomploanceewwthall f k the required for the construction ofthe project contract documents hereinabove mentioned. 3. All addenda, cdocumentsorders, shallrbeomadecinlwritingthis and approvedbythe including the contract binding force or effect. City and City's attorney before being of any 9 4. That in addition to the requirements of thecontrac documents ocuply entseach hereinabove referred to, the Contractor is herebyto b6undand all of the following conditions of this for publicactursuant contracts•the requirements of the Oregon Revised Statutes for p as due to all persons (a) The Contractor shall make payment promptly i supplying to such contractor labor or material for the ��°sE contributionshorWGrk provided for in the contract documents, and shall pay a I amounts due the currelinulFund from contractor or Industrial of the contract. subcontractor incurred ' (ORS 279.312(1)(2)) . 10 AUG 82 L. I .D. No. 36 — - (b) The Contractor shall not permit any lien or claim to be filed or prosecuted a ainst the City on account of any labor or material furnished. (ORS 279.312 3)) . (c) The Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.711. (ORS 279.312(4)) . (d) If the Contractor fails, neglects or refuses to make prompt payment for any labor or materials furnished to the Contractor, or subcontractor by any person in connection with this contract, as such claims become clue, a proper officer or officers representing the City may pay such claim to the person furnishing the labor or services and charge the amount of payment against funds due or to become due the Contractor by reason of this contract. The payment of a claim authorized in this provision shall not relieve the Contractor or his curet from his or its obligation with respect to any unpaid claims. (ORS 279.314. (e) The Contractor agrees that no person shall be employed for more than 8 hours in any day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases the laborer shall be paid at least time and a half for all overtime in excess of 8 hours a day and for work performed on Saturday and on any legal holiday specified in ORS 187.010, except Veterans Day. However, when specifically agreed to under a written labor management negotiated labor agreement, a laborer may be paid at least time and a half pay for work performed on Veterans Day or on any legal holiday specified in ORS 187.020. (ORS 279.316) . (f) Contractor shall promptly, as due, make payment to any person, co-partnership, association, or corporation furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury to the employees of such Contractor, of all sums rich the Contractor agrees to pay for such services and all monies and sums which the Contractor collected or deducted from the wages of his employees pursuant to any law, contractor agreement, for the purpose of providing or pay for such service. (ORS 279.320) . (g) The hourly wage rate to be paid by any Contractor or subcontractor to workmen under this Contract shall not be less than the prevailing rate of wage for an hour's work in the same trade or occupation in the locality where such labor is performed. When a contractor or sub- contractor is a party to_a statewide agreement in effect with any labor organization, the rate or wages as established in the agreement shall be considered to be the prevailing rate in the locality. (ORS 279.350) . (h) The Contractor agrees that the workmen in each trade or occupation required for the work to be done pursuant to the contract, employed in the performance of the Contract, either by the contractor or subcontractor or other person doing to contracting to do any work of the work contemplated by the contract, shall be paid not less than the minimum hourly rate of wage specified by the Commissioner of the Bureau of Labor. (ORS 279.352) . E r EFF` 5t5 E AUG 82 L. I .D. No. 36 11 ( i) Before final payment is made on the contract, the Contractor or his surety and every subcontractor or his surety shall file with the City a statement in writing in the form prescribed by the State Labor Commissioner certifying that the hourly rate of wage paid each classification of workmen employed by him on the contract and further certifying that no workman employed by him on such contract has been paid less than the prevailing rate of wage or less than the minimum hourly rate of wage specified in the contract, which certificate and statement shall be verified by the oath of the Contractor or his surety or subcontractor or his surety that he has read such statement and certificate and knows the contents thereof and that the same is true to his knowledge. (ORS 279.356) . (j) The City may elect to cancel this contract for any willful failure or refusal on the part of the Contractor to faithfully perform his contract according to its terms. (ORS 279.318) . 5. All work shall be done under the general supervision of the engineer. Subject to the contract requirements, the engineer shall decide questions as to the quality and acceptability of materials furnished, work performed, rate of progress of work, interpretation of drawings and specifications. 6. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City, and the Contractor respectively and its legal representatives. The Contractor shall not assign, transfer, or hypothecate his interest or obligations hereunder without the written consent of the City. 7. Subject to the provisions of said contract documents and in consideration of the faithful performance G� the terms and conditions thereof by the Contractor, the City agrees to pay the contract price afc>$c per attached proposal in the manner and at the times provided in the specifications, subject, however, to audit of unit prices, change orders, extra work orders and modification as applicable. Partial payments may be made in the normal course of audit of the City's obligations based on estimates prepared and certified by the Contractor and approved by the architect or engineer at the close of each calendar month in accordance with ORS 279.575 and subject to the retainage requirements thereof. 8. Contractor shall diligently perform and complete all of the work within a total of 45 calendar days after notice to proceed has been issued to the Contractor by the City, time and manner of performance being of the essence hereof. 9. A complete copy of the proposal of the Contractor is appended hereto and by this reference made a. part hereof. 10. In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the Court may adjudge reasonable as attorney's fees to be allowed the prevailing party, together with such sum as an appellate court shall adjudge reasonable as attorney's fees in the event of appeal . i 1 I AUG 82 L. I .D. No. 36 12 IN WITNESS WHEREOF, the City has caused his Agreement to be executed by its duly authorized undersigned officers, acting pursuant to resolution of the City Council , duly passed at the regular meeting held on �SSeD�t. 279 1982 , and the Contractor has executed this Agreement on the date 7rs written. CONTRACTOR CITY OF TIGARD By: W. Arenz By: ayor Title: Partner — By: Recorder By: (J. Hurl ) Title: Partner I I i AUG 82 L. I .D. No. 36 13 STATE OF OREGON ) ss CITY ACKNOWLEDGEMENT County of Washington ) On this day of 1982, before me appeared and both to me personally known who, being duly sworn, did say that he. the said I .I is the Mayor, and that she, the said is the Recorder of the CITY OF TIGARD, a municipal corporation and the said and ' acknowledged the said instrument to be the free act and deed of said municipal corporation. I IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official I seal, this the day and year in this certificate first written. i Nof-a-r—y--Public for Oregon i My Commission Expires AUG 82 L. I .D. No. 36 14 PARTNER (S) ACKNOW1,EDGMENT �r STATE OF ORr,GON ) ss. COL•N rY OF On this Tl-1 _ -----day of _��-Q--' 19 �QZ, before me personally came -_— to me known , and stated that he is a partner in the firm of vV+ A r __ a partnership , and acknowledged that he executed the foregoing instrument as the free act and deed of said firm. IN TESTI\10Ny WHERF,OF, I HAVE hereunto set my hand and af- fixed my official seal and day and year last above written . Notary Public for Oregon by Commission expires C - • v PARTNER (S) ACKNOWLEDGMENT STATE OF OREGON ) ss. COUNTY OF ) On this _ _ _ __day of _ , 19 , before me personally came _ _ _ _ _-_-__ to me known , and stated that he is a partner in the firm of a partnership, and acknowledged that he executed the foregoing instrument as the free act and deed of said firm. IN TESTIMONY IVHI:RF,OF , I HAVE hereunto set my hand and af- fixed my official seal and day and year last above written . Notary Public for Oregon *riy Commission expires _ PROPOSAL I To furnish all labor, equipment, materials and services required for construction of S. W. McKenzie Street L.I.D. No. 36 for the City of Tigard, Oregon, in accordance with the plans and specifications therefor, which are on j file at the office of the City Recorder, Tigard, Oregon; all in consideration of the amount(s) indicated on the following schedule of prices. To: The Honorable Mayor and City Council Tigard, Oregon Gentlemen: This proposal is submitted, following procedures as specified in the instructions to bidders, as an offer by the undersigned to enter into contract with the City of Tigard, Oregon, hereinafter sometimes referred to as The City, for the furnishing of all labor, equipment, materials and services required for the construction of Street Improvements, S. W. McKenzie Street, L.I.D. No. 36 for the City of Tigard, Oregon, in accord with the plans, specifications, general and special conditions therefor; which are on file at the office of the City Recorder, Tigard, Oregon, and which are a part hereof 'th the same force and effect as though they were attached hereto. This ,,rfer is conditioned on the following declarations as to the acts, intentions, and understandings of the undersigned, and to the agreement of the City of Tigard, Oregon, to the terms and to the attached schedule of prices, herein submitted. I. All of the aforesaid instructions to bidders have been examined by the undersigned and therein terms and conditions are hereby accepted. 2. All of the aforesaid plans, specifications, general and special conditions have been examined by the undersigned and their terms and conditions are hereby accepted. 3. The undersigned shall comply with all Federal Laws, laws of the State of Oregon and all ordinances of the City of Tigard, Oregon, which are pertinent to construction contracts of this character even though such laws and ordinances may not have been quoted or referred to in the specifications. 4. The undersigned agrees that, upon written acceptance of this bid, he will within S` days of receipt of such notice execute a formal contract agreement wit the City, and that he will provide the required bonds, insurance and/or guarantees. 5. The unders�9ned agrees that if awarded the Contract, he will commence the work within S. calendar days after the date of receipt of written notice - �, _ proceed, and that he will complete the required work within calendar days thereafter. AUG 82 L. I.D. No. 36 4 S.W. McKENZIE STREET L. I .D. No. 36 STREET IMPROVEMENTS Unit Unit Price Item Quantity Unit Price (fig.) Words TOTAL �✓D Tik��4�l� di 1. Clearing and Grubbing LS QQQ o,u , �,OSO 2. Excavation 396 CY =Z' �a �Oro" ra m /is 7fZ -- a Cle.s F- s 3. Embankment 210 CY 5 4. 1-1/2"-0" Base Rock 350 CY //. o tRa,.er 5. 3/4"-0" Leveling Course 110 CY 6. Asphalt Concrete Class "C" 370 Ton g� da-G[.tio WZA 10,3&6 7. 16" Std. Conc. Curb 837 LF 35 �)q"A" �$ 8. Concrete Sidewalk 3260 SF 9. Concrete Driveway Approach 1112 SF Remove Existing Storm LS ��S-� Sewer and C.B. t ORM DRAINAGE Concrete Pipe in place - includes excavation, bedding and backfill 12" C-76 Cl . 4 247 LF /.5 � sa e " 8" C-14 Cl. 3 208 LFZV O � Z/�3 6" C-14 Cl. 3 16 LF �� � 3 �� 1�q ae Std. Conc. Catch Basins 3 ea. J� 24" dia. x 30" Catch acro 1326Basins Portland Cit Code 3 ea. /a� Break into Exist. Inlets 3 ea. ped 17( Street and Storm Drainage. .. . . . . . . . . . . ... . . . ... . .... . . . . . . . . . .... . . . .. .. �. ���, Sys AUG 82 L.I .D. No. 36 5 6. The Bidder further proposed to accept as full payment for the work proposed herein the amounts computed based on the following lump sum or unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The Bidder agrees that the lump sum prices and the unit prices representing a true measure of the labor and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in these Contract Documents. r� L_ AUG 82 L. I .D. No. 36 6 I i If the Bidder is awarded a construction contract on this proposal , the surety ~ whop provides the performance and payment bond will be. . . . . . . . . . . . . . . . . . .. . . . . . ..�N. JS��I. . . . /.' :': !.. '0:: :4�-:'1�. . . . . . .. . . . . . . .whose address is Street City State The name of the Bidder submitting this proposal is. . . . . . . . .. . . . . . . . . . . . ... . . .. .. . . �. 1: .✓... . . !-.uc.L . . .. . . . . . . .. . . ... . . . . ... . . . . .doing business at Street�� � i� City State which is the address to which all communications concerned with this proposal and with the contract shall be sent. The names of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows: . .... . . . . . .... . ... . ... . .... . ... . . . . . . . .. . . .. . . ... . . ... ... . . .... . .. . .... ... .. . . . . . . . . . ... . . . . . . .. . . .... . ... . .. . . . . . .. . ... ..... . . ... . . .0.. . . ... .. . . .. . . . .. . . 0 . - . . . . . . . .. . . . .. . . .. (If Sole Proprietor or Partnership) ¢ In witness hereto the undersigned has set his (its) hand this day of ... . ... . ....... 19. : Signatur �idder �- Title.. . . ... . . ... . . . . . .... . .. AUG 82 L. I.D. No. 36 7 Bond No. 2350-06-042717C - i PUBLIC WORKS CONTRACT BOND City of Tigard State of Oregon KNOW ALL MEN BY THESE PRESENTS, That we, Arenz & Hurl , a joint venture whose address is (official name, form of organization -1 - E3XA6. ,Ilid/spa -J:,1U Al �. L•9..�D Q,� 97.td6"' as Principal , and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company name and address of Surety a corporation duly authorized to conduct a general surety business in the State of Oregon, as Surety, are jointly and severally held and bound unto the City of Tigard, Oregon, a municipality of the State of Oregon, hereinafter called Obligee, in the sum of Thirty-eight Thousand Eight Hundred Ninety-five and 25/100 --------------------------------------------- DOLLARS, The bare contract price, both in words and figures) lawful money of the United State of America, for the payment of which we, as Principal, and as Surety, jointly and severally bind ourselves, our successors and assigns firmly by these presents. THE CONDITION OF THIS BOND AND OBLIGATION IS SUCH, that WHEREAS, on the 8th day of October 19 82 , t -Arenz & Hurl a Joint venture °. (Name of Contractor the Principal herein, entered into a contract with the City of Tigard, Oregon, the Obligee herein, for the furnishing of materials, labor and equipment and other requirements for the performance of certain street and storm sewer improvements ` known as SW McKenzie Street LID #36 as more fully set forth in contract documents as described in said contract all of which are by reference made a part hereof, NOW, THEREFORE, if the Principal herein shall faithfully and truly observe and comply with the terms of the contract and shall well and truly perform all matters and things undertaken to be performed under said contract upon the terms proposed therein and shall promptly make payments to all persons supplying labor or material for any prosecution of the work provided for in such contract and shall not permit any lien or claim to be filed or prosecution against the State on account of any labor or material furnished, and shall promptly pay all contributions or amounts due the State Accident Industrial Fund and all contributions or amounts due the State Unemployment Compensation Trust Fund incurred in the performance of said contract and shall promptly, as due, make payment to the person, co-partnership, association or corporation entitled thereto of the monies and sums mentioned in Section 279.320 of the Oregon Revised Statutes, and shall promptly pay over to the Oregon State Tax Commission all sums required to be deducted and retained from { 1 s AUG 82 L. I.D. No. 36 18 wages of employees of the Principal and his subcontractors, pursuant to Section 316.711, Oregon Revised Statutes, then this obligation is to be void, otherwise to remain in full force and effect. The total amount of the Surety's liability under this bond both to the Obligee and to the persons furnishing labor or miaterials, provisions and goods and to any other person or persons, shall in no event exceed the penalty thereof. Provided, however, that the conditions of this obligation shall not apply to any money loaned or advanced to the Principal or to any sub- contractor or other person in the performance of any such work, whether specifically provided for in the contract or not. This bond is executed for the purpose of complying with Chapter 279 of Title 26, Oregon Revised Statutes, the provisions of which are hereby incorporated herein and made a part hereof. Said Surety for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, 1 and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, the parties hereto have caused this Bond to be executed in Portland, Oregon, this 8th day of October 19 82 Arenz & Hurl , a joint v ure Contractor j By: (SEAL) By: (SEAL) Witnesses: EMPLOYERS INSURANCE OF WAUSAU A Mutual Company (A true copy of the Power of Surety Attorney must be attached to the original of this bond) By: 7Y �� Attorney-in-tact Lee Harmon Surety Countersigned: Original & 1 Carbon By: `holt ,^a Resident Ag t AUG 82 L. I.D. No. 36 19 . •v. rry vv� �/ V V L � AUSAU A Mutual Company EMPLOYERS INSURANCE OF W POWER ON NI'TORNEY KNOW A1.1, MEN I1Y ' IIESE PRESENTS: ( That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,a corporation duly organized and existing under the laws of the State of Wisconsin,and having its principal office in the City of Wausau,County of Marathon,State of Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint — Lee Harmon its true and lawful attorney-in-fact, with full power and authority hereby conferred in its name,place and stead,to execute, seal,acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRIT- TEN OBLIGATIONS TN THE NATURE THEREOF. INCLUDING CONSENTS OF SURETY AND WAIVERS TO THE CONDITIONS OF CONTRACTS. NOT TO EXCEED THE PENAL SUM OF TEN MILLION DOLLARS ($10,000,000) . and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said L attorney-in-fact may do in the premises. G This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a meeting duly called and held on the 18th day of May, 1973, which resolution is still in effect: "RESOLVED,thatthe Presidentand any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF C WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary Z be,and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company." C11 "FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF O WAUSAU A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by 0 facsimile,and any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in Z the future with respect to any bond,undertaking or contract of suretyship to which it is attached:' w IN WITNESS WHEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be Lij_ signed by the vice president and attested by its secretary, and its corporate seal to be hereto affixed this 15th day of November 19 80 j EMPLOYERS INSURANCE. OF WAUSAU A Mutual Company J^ , OSEi By L. J. Baumer Vice President cc LL } Attest: C R.J.Wendorf Secretary 'r G STATE OF WISCONSIN ) U_ ) ss. O COUNTY OF MARATHON ) w On this 1 Sth day of November 19 80 before me personally came L.J. Baumer to me known,who being by me duly sworn,did depose and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official)seal the day and year herein first above written. f— O Z Notary Public C/) R.J. Wendorf NOTARY PUBLIC STATE OF WISCONSIN = MY COMMISSION IS PERMANENT CERTIFICATE STATE OF WISCONSIN ) CITY OF WAUSAU ) ss. COUNTY OF MARATHON ) I,the undersigned,vice presidentof EMPLOYERS INSURANCE OF WAUSAU A Mutual Com�ppanyy a Wisconsin corporation, do hereb certify that the foregoing and attached power of attorney, WHICH MUST C OWTUN A VALIDATING STATEII�ENT PRINTED IN THE AiARGIN THEREOF IN RED PNK,remains in full force and has not been revoked; and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed in the City of Wausau,Marathon County,State of Wisconsin, this 8th day of October 00 ci� ' 1982 N L.J. Baumer Vice President N,. SEA Eo- NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VAI,IDITY OR WORDING OF THIS POWER OF ATTOR- NEY, CALL TOLL FREE(800)826-1661. MEMORANDUM "r October 21, 1982 TO: Mayor and Council FROM: Linda Sargent, Administrative Assistant Lam_ RE: Performance Evaluation Program Report / I Attached please find the General Employee Performance Review and the Management and Professional Employee Performance Review forms. The performance review system evolved from comparing the current evaluation methods with other jurisdictions and collapsing the city's general, police, and management evaluation system into two foru's while providing increased management imformation. as incorporated in the new form, emphasizes completion The performance review, } of previously set goals and the setting of new goals which are directly linked } to department work programs. Futher, the system evaluates work behavior and gives the employee and supervisor an opportunity to examine individual training needs and to develop an awareness of areas in which the individual The forms will also lend may need additional assistance from the supervisor. consistency to evaluating all groups of employees prior to affecting decisions on promotions, transfers, termination, demotion and merit raises. The now performance review system will be implemented immediately on a trial basis. F E i i i t t i I I t 4 i i �I P r s x ''�1� 4CITY OF TIGARD, OREGON CI■ ■ ®FT WA- RD GENERAL EMPLOYEE PERFORMANCE REVIEW WASHINGTON COUNTY.OREGON EMPLOYEE DATE POSITION REVIEW PERIOD DEPARTMENT LAST REVIEW - REVIEWER CURRENT SALARY / TYPE OF CURRENT REVIEW: PROBATION ANNUAL PROGRESS 1. MAJOR GOALS/PROJECTS FROM LAST REVIEW: SATISFACTORY COMPLETION %: O O O O 0 O O O O O O O O r O O 2. ESTABLISHED PERFORMANCE DIMENSIONS: (CIRCLE) (1=Unsatisfactory; 2=Needs Improvement; 3=Satisfactory; 4=Good; 5=Excellent) O Accepts responsibility 1 - 2 - 3 - 4 - 5 o Cooperation/teamwork 1 - 2 3 - 4 - 5 o Dependability 1 - 2 - 3 - 4 - 5 o Initiative 1 - 2 - 3 - 4 - 5 1 - - - - ; o Judgement/discretion 2 3 4 5 I O Innovation/ingenuity/creativity 1 - 2 - 3 - 4 - 5 Interpersonal sensitivity/public relations 1 - 2 - 3 - 4 - 5 I o i O Safety 1 - 2 - 3 - 4 - 5 ) O Technical knowledge/skill 1 - 2 - 3 - 4 - 5. I 0 Economy/cost consciousness 1 - 2 - 3 - 4 - 5 0 1 - 2 - 3 - 4 - 5 1 - 2 - 3 - 4 - 5 0 NOTES ON STRENGTHS AND WEAKNESSES: ------------------------------------------------------ ------------------ FOR OFFICE USE ONLY --------------------------------------------------- EPR COMPLETED PAF COMPLETED NEXT REVIEW j DATE EPR RET DATE PAF PIF C. S. & G. 15 DATE EPR PIF - SIGNATURE 3. EMPLOYEE TRAINING/SELF DEVELOPMENT -- LAST REVIEW PERIOD: 4. EMPLOYEE TRAINING/PLANS FOR IMPROVEMENT -- NEXT REVIEW PERIOD: 5. MAJOR GOALS/PROJECTS FOR NEXT REVIEW PERIOD: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6. SUPERVISOR'S HELP NEEDED: 7. GENERAL COMMENTS (EMPLOYEE OR SUPERVISOR) : B. ACTION RECOMMENDED r------------------------------- NEXT REVIEW DATE ACTION APPROVED: i i i i i EMPLOYEE (Signature/Date) i t i t i C. / It REVIEWER Signature/Date) i t t i i / DEPT. HEAD OK (Signature/Date) APPROVED BY CITY ADMINISTRATOR i (Signature/Date) i g� CITY OF TIGARD, OREGON C1 E i ®F TIOAIM WASHINGTON COUNTY.OREGON MANAGEMENT and PROFESSIONAL EMPLOYEE PERFORMANCE REVIEW EMPLOYEE DATE POSITION REVIEW PERIOD DEPARTMENT LAST REVIEW REVIEWER CURRENT SALARY / TYPE OF CURRENT REVIEW: PROBATION ANNUAL PROGRESS 1. MAJOR GOALS/PROJECTS FROM LAST REVIEW: SATISFACTORY COMPLETION $: o Work programs (project & routine) o Performance measurement indicators o Reports and presentations 0 Productivity and team building o Cost containment/cost consciousness 0 0 0 0 0 0 0 0 0 0 2. ESTABLISHED PERFORMANCE DIMENSIONS: (CIRCLE) (1=Unsatisfactory; 2=Needs Improvement; 3=Satisfactory; 4=Good; 5=Excellent) o Oral communications 1 - 2 - 3 - 4 - 5 o Written communications 1 - 2 - 3 - 4 - 5 0 Leadership/initiative 1 - 2 3 4 - 5 0 Problem solving/decision making 1 - 2 - 3 - 4 - 5 0 Innovation/ingenuity/creativity 1 - 2 - 3 - 4 - 5 0 Planning/organizing 1 - 2 - 3 - 4 - 5 0 Interpersonal sensitivity 1 - 2 - 3 - 4 - 5 0 Management control 1 - 2 - 3 - 4 - 5 0 Adaptability/flexibility/stress tolerance 1 - 2 - 3 - 4 - 5 0 Resource utilization/economy 1 - 2 - 3 - 4 - 5 1 - 2 - 3 - 4 - 5 0 1 - 2 - 3 - 4 - 5 0 NOTES ON STRENGTHS AND WEAKNESSES: ---------------------------------------------------------------------------------------- ------------------------------ ----------- FOR OFFICE USE ONLY ----------�----------"-'�--- EPR COMPLETED PAF COMPLETED NEXT REVIEW DATE EPR RET DATE PAF PIF C. S. & G. DATE EPR PIF - ' SIGNATURE r.-- �. EMPLOYEE TRAINING/SELF DEVELOPMENT -- LAST REVIEW PERIOD: q. EMPLOYEE TRAINING/PL.ANS FOR IMPROVEMENT -- NEXT REVIEW PERIOD: 5. MAJOR GOALS/PROJECTS FOR NEXT REVIEW PERIOD: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6. SUPERVISOR'S HELP NEEDED: 7. GENERAL COMMENTS (EMPLOYEE OR SUPERVISOR) : 8. ACTION RECOMMENDED ------------------- NEXT REVIEW DATE ACTION APPROVED: i i i EMPLOYEE (Signature/Date) i C / REVIEWER (Signature/Date) i i t t DEPT. HEAD OK (Signature/Date) 1 APPROVED BY CITY ADMINISTRATOR i (Signature/Date) MEMORANDUM TO: City Council FROM: Frank A. Currie Public Works Directo SUBJECT: Bid Award/Backhoe DATE: October 20, 1982 Bids were opened and read on Octoberl4, 1982 for the purchase of a backhoe for the Operations Division. Three bids were received. Attached is a summary of bids. The amount of $40,000 was budgeted for this piece of equipment. All bids met the specification requirements. I recommend the City Council award the bid to the Case Power Equipment Company in the amount of the base bid of $26,570.00. CITY OF TIGARD TABULATION OF BIDS BACKHOE Total Bid Base Bid Deductive Alt. with deductive (Safety Cab) alt. Air Pro. (JCB Tractor) $30,980.00 $30,980.00 - 0 - Case Power Equipment $24,970.00 $26,570.00 $1 ,600.00 (Case) Tractor Hessel Tractor 1982/83 $25,754.00 $28,549.00 $2,795.00 (John Deere 310 B) Hessel (Alt.) 1982 $24,549.00* $27,795.00 $3,246.00 (John Deere 310 A) * Error in subtraction MEMORANDUM October 13, 1982 TO: City Administrator/City Council FROM: Chief of Police SUBJECT: New O.L.C.C. Application RE: TIGARD BOWL, INC. 11660 S.W. Pacific Highway, Tigard, Oregon RMB Application Sir: In review of this request for a RMB (Retail Malt Beverage) license application, it is recommended for approval under the following conditions: ° That all sales be limited to draft beer and wine by the glass sales, to be consumed on premises. ( ° That no package sales be authorized. ° That the amusement game room shall be restricted to prohibit consumption therein of beer and wine, and so posted. ° Consumption of beer and wine be limited to the snack bar area, and bowling alley proper only. I have been in contact with the applicant in this matter, and have reviewed the above conditions with them. They are in agreement with the proposal as it is indicated above. Respectfully, r R.B. Adams Chief of Police RBA:ac R-e.G3''Pt 44�� STATE OF OREGON 9079 S.E. McLoughlin Boulevard P.O. Box 22297 PAGE OREGON LIQUOR CONTROL COMMISSION Portland, Oregon 97222 t APPLICATION GENERAL INFORMATION The filing of this application does not commit the Commission to the granting of the license that you are applying for, nordoes it permit you to operate the business named below. If a license is granted by the Commission, you will receive a LICENSE CERTIFICATE. !V2 3166 No fee is collected by OLCC until a LICENSE CERTIFICATE is to be issued. (THIS SPACE IS FOR OLCC OFFICE USE) -- (THIS SPACE IS FOR CITY OR COUNTY USE) Application is being made for: NOTICE TO CITIES AND COUNTIES: Do not consider this BOTTLER f•I'I'LIC:.IIC'! R_CEIVL?_renter Privilege application unless it has been stamped and signed at the BREWERY IJEE=0i1 L!'.IJOR V!'. ?L CO(1""z 4rivilege left by an OLCC representative. DISPENSER CLASS A New Licensee THE CITY COUNCIL, COUNTY COMMISSION, OR COUNTY DISPENSER CLASS B19 7 Ne alta` DISTILLERY New Outl- I COURT OF ---- DRUGGIST ew Partner (Name of city or county) FARMER'S WINERY LICENSE DIV_ISIOR iRECOMMENDS THAT THIS LICENSE BE: GRANTED INDUSTRIAL ALCOHOL ipRIERgi OR BOATDENIED a� DATE SER BY WHOLESALE MALT BEVERAGE AND WINE (Signature) WINERY TITLE AUTION: If your operation of this business depends on your receiving a liquor license, OLCC cautions you not to purchase, remodel, or start construction until your license is granted. 1. Name(s) of individual appiicant(s), partnership, or corporation: .csowz- •✓e /lGloo S,cv "­1h4J 77 AVO &f:le 9722.3 (Name) (Address) (City) (State) (zip) 2)__ 3)-- 4)_ )4) --- (EACH PERSON LISTED ABOVE MUST FILE AN INDIVIDUAL HISTORY AND A FINANCIALSTATEMENT) /��J�¢Q 1�OtuG Zit/C. 2. Trade name of premises When filed:(Year Name Filed with Corporation commissioner) 3. Former trade name T�GAiPO E3UwL 4. Premises address �10 S �i4C�F�C "/J-,L) i6.4iPr+� WiS�f'S/iy6TD ��� 9 7ZZ3 (Number,Street, Rural Route) (City) (County) (State) (Zip) 5. Business mailing address//"0 al Pf/ld/PSL' Hyp' 77,6"-a77,6"-aO 977,7-3 �'�(�e) (zip) (P.O. Box,Number,Street, Rural Route) (City) b. Was premises previously licensed by OLCC? Yes- No Year 7. Ify es, to whom: _ Type of lice�[t1se: 8. Will you have a manager: Yes_ No Name /jlA,�/A6F.� y �P/d� �O/ !J EA_ (Manager must fill out Individual History, blue page Z) 9. Will anyone else not signing this application share in the ownership dr receive a percentage of profits or bonus from this business? Yes _ No -L-- 10. What is the local governing body where your premises is located? (Name of City or County) 11. OLCC representative making investigation may contact: aKa/L- (Name) 10 111KA0 S.Gd Pi¢C/f/G'�y� 716��Pa/J _lvZ��7b0 X39-200/ 40-Zo ilei. No.—home, business, message) CAUTION: The Administrator of the Oregon Liquor Control Commission must be notified if you are contacted by anybody offering to influence the Commission on your behalf. Cj Applicants) Sinature (1) (In case of corporation, duly authorized officer thereof) (2) Sol_ (3) - - -- (4) _ _ - 4 i9/sem OH91-1_Local yovammant DATE SP'01141-845 Form 8454548(1 (1/80) p STATE OF OREGON 907'+S.E. Mcl�oughlin Boulevard PAGE OREGON LIQUOR CON'ROL COMMISSION P.G. Box 22297 2 Portland, Oregon 97222 APPLICATION INDIVIDUAL- HISTORY OLCC OFFICE All blanks must be filled in. USE If the question does not apply to you, place N/A(Not Applicable) in the space. ONLY 1. Name— Foot uE,?S //7./ /D d1l (L-t) (FIM) L�.QLG�f/A.c/ (Middle initial) 2. Other names you have ever used rhAr��� (Maiden,Marne or Other Names used) 3. Address AV-97SJiGf/ $LO.r/.P/JL.q o,,dy. 9�Lz3 Me r a Street) (City) (State) (ZiP) 4. Date of Birth Me Place of birth G�l1-a� Opp—,6o,1/ (City) (State or Country) S. Hometelephone loZ4>-447410 Business telephone zf39-zov 6. United States Citizen: Yes ✓ No If"No,"list Alien Reg.No. N'q EMPLOYMENT AND RESIDENCE HISTORY The following two questions will help establish your identity and Income sources: 7. List current and former employers or occupations during the past ten years:(Attach additional sheet If necessary.) DATES BY MONTHNEAR EMPLOYER OR BUSINESS OCCUPATION CITY AND STATE From:iAv�� to -Z.—C t/E 7I o O From SE/T to moi /7,3 SELF JEcwfE .QEArE.PJJ.r�� From to-S�PT(�� From to Front to —T 6. List other cities and states where you have lived other than those noted in question seven above: (Attach additional sheet if necessary.) DATES BY MONTWYEAR CITY AND TATE From—to� From 9 to S O.QodfJtL/J O.V . From to CRIMINAL RECORD NOTE: For your information,a criminal records check is made on all liquor license applicants in the normal processing of a license request. For some licenses, fingerprints may be required. 9A. Have you been convicted(including probation,sentencing,or bail forfeiture)of any crime,violation,or infraction of any law?(Do not include minor traffic violations for which a fine or bail forfeiture of$50 or less was imposed.) Yes No 9B.Are there presently pending against you any criminal charges,violations or infractions of the law?(Do not include minor traffic violations for which a fine or bail forfeiture of$50 or less was imposed.) Yes No k- 9C.If you have answered "yes" to 9A cr to 9B, list below: OFFENSE DATE CITY AND STATE RESULT A4 A, (Attach additional sheet if necessary.) 10. Social Security No. O y�'�1eight S y Weight I110 Eye Color Hair Color LT 13iPev+J Sex (The above information can protect you from an error in the criminal records check.) ACTIVITY IN LIQUOR INDUSTRY(Inside or Outside Oregon) 11. Are you presently or have you been licensed or employed in the liquor business? Yes v No p!7=iQ C''A4>Z.eJ� -. :St.r✓iC& �. Have you ever received a warning:a notice of'Violation,suspension,fine,or revocation as a licensee or permittee? Yes NO ll-- 13. Have you ever been refused a permit or license to sell, serve, or dispense beer,wine, or, distilled spirits? Yes No %-- 14. Have you held,or do you presently hold,a gambling or gaming license from any governmental body or a Federal Gambling Tax Stamp? � Yes No %-- 15. i15. Have you ever held or_do you hol(;'any financial interest in any liquor enterprise: manufacturing. importing, wholesale or rem /.ii2A L`A�jsoJE ��iB Yes' No 16. Do you owe money to any manufacturer or distributor of wine,beer,or distilled spirits on account of cash or credit advanced? Yes No 17. Is your spouse or an family member(s) working in any area of the liquor industry? Ink Yes No vy If yes,g ive: Iii-,A (Name) (Name of business) (City) (State) CAUTION: FALSIFICATION OR INT ON ISSIONS OF INFORMATION ON THIS FORM MAY BE GROUNDS Y OR IjEVO YO R PP CATION FOR A LI�3 NSE. Signature: Date: ,u coPr---'Wvecnt SP•246es-ens F-8451.48, (10-80) -• .•__. •,.'.- z -__.-_.__. .,..�-,-v.n.ae..v.+-.a.waw•ear.u,..saa�ao-n�"".".`...---,.,..... ....,_._. -. _. ...__. .. -.Ti /% � ,- ( STATE OF OREGON 9079 S.E. McLoughlin Boulevard 22297 PAGE OREGON LIQUOR CONTROL COMMISSION P.O. Box Oregon �y Portland, Oregon 97222 APPLICATION INDIVIDUAL HISTORY OLCC OFFICE All blanks must be filled in. - USE If the questiorX, does not apply to you, place N/A(Not Applicable) in the space. 4/EA� ONLY 1. Name ltl FSS n oB,6A, ' (Middle Initial) (Last) (First) 2. Other names you have ever used /Vo'�E Xy / 7J SGy !Maiden,Married or Other Names used) 92 SH,r/.Q/JL G.gs/L` �6.�Pa O.Pt 7 3. Address (Num r d Str p (Cly) (State) (z P) 4. Date of Birth Place Place of birth ��ESTCc'�tryy��O!/�gg(( S. Home telephone ��_g 76 Business telephone G(S/Z-'/3 yI'V"'or Country) 6. United States Citizen: Yes X No . If"No,"list Alien Peg.No. �– EMPLOYMENT AND RESIDENCE HISTORY The following two questions will help establish your identity and income sources: 7. List current and former employers or occupations during the past ten years:(Attach additional sheet if necessary.) DATES BY MCNMKYEAR EMPLOYER OR BUSINESS OCCUPATION CrY AND STATE From A? / to AsE � / /ZZAl�4/10oJt LTO CY.t/A/�� RLof/.4 OiP From_ 7 G to o /JaOB/L L'r'IEmiC� 6vaoo Fi.✓if��S OO.6oX 7G `,�t_to— FromSAGES AL�/SA �tG From oto-S��T�O �i.L2.9 �A�OLVE From tlllE S17L1 B/�P�Eo7 /�7�/� a� ✓c o o 4,T S. List other cities ancLstates where you have lived other than those noted in question seven above: OG (Attach additional sheet if necessary.) 9�G/LG �,pESE�T P�TrooOfF'Gfi DATES BY ONTH/YEAR CITY AND STATE Froto 9 i77 Y.t?rL E L//PE�l,� O,pE6 0.✓ Fm PaRTLA�o O/Y� y rom to y _ / From 9 S3 to o � CyU.,r�iiLL/l c:f-Pt 4.4116 _GW rt 1.vi//E.rJ CRIMINAL RECORD NOTE: For your information,a criminal records check is made on all liquor license applicants in the normal processing of a license request. For some licenses, fingerprints may be required. 9A. Have you been convicted(including probation,sentencing,or bail forfeiture)of any crime,violation,or infraction of any law?(Do not include minor traffic violations for which a fine or bail forfeiture of$50 or less was imposed.) Yes No �- 9B.Are there presently pending against you any criminal charges,violations or infractions of the law?(Do not include minor traffic violatio s for which a fine or bail forfeiture of $50 or less was imposed.) Yes No 9C.If you have answered 'yes" to 9A or to 98, list below: OFFENSE DATE CRY AND STATE RESULT /YOd/E- (Attach additional sheet if necessary.) 10. Social Security No Silo�� 9170 Height S Weight 7p Eye Colorf�� ` Hair Color I AL Sex W (The above information can protect you from an error in the criminal records check.) ACTIVITY IN LIQUOR INDUSTRY(Inside or Outside Oregon) 11. Are you presently or have you been licensed or em toyed in the liquor business? Yes " No S/A/6E /.77/ �is2fi elf 411.0 /3 .0AIre /P� "4. Have you ever received a warning,a notice of violation,suspension,fine,or revocation as a licensee or permittee? Yes No v 13. Have you ever been refused a permit or license toAell, serve, or dispense beer, wine. or distilled spirits? Yes No 4 ' I ambling or gaming license from any governmental body or a Federal 14. Have you held,or do you presently hold,aI Gambling Tax Stamp?.•' Yes No '%--' ti- I5. Have you ever held or do you :'tote any findncial in:e:es: in ar,; liquor enterprise: manufacturing, importing, wholesale or retail? Yesf�- 16. Do you owe money to any manufacturer or distributor of wine,beer,or distilled spirits on account of cash or credit advanced? Yes No t' 17. Is your spouse or any family member(s) working in any area of the liquor industry? Yes No '-- IfyeS,give: Ift (Name) (NerQe of business) (Cary) (State) CAUTION: FALSI TI OR INTENT NAL MISSIONS OF INFORMATION ON THIS FORM MAY BE GROUNDS TO EN OK IU LIGATION FOR A LICENSE. Cr Signature: Date: / 1st Copy--gppiic t - SP•24899-8+5 9079 S.E. McLoughlin Boulevard P.O. Box 22297 STATE OF OREGON Portlznd, Oregon 97222 OREGON LIQUOR CONTROL COMMISSION PAGE 3 APPLICATION FINANCIAL STATEMENT Name —_ 1. = P',C1FIC IiWY 1 1,1('^ 0? ;7^ _ -- O FICE - AMOUNT OFFICE ASSETS(Owned) AMOUNT USE LIABILITIES(Owed) USE Cash on hand (not in bank) Accounts Payable (Schedule D) Cash on deposit: Notes Payable (Schedule Dil 7 _ Checking at Contracts Payable (Schedule D) Checking at Real Estate Mortgages and Contracts ^•�^ ) Savings at Payable (Schedule A) Savings at i -- — — Other (Describe) _ I Cash value of: Vehicles 3,900 00 Life insurance -- Machinery and equipment 11?000 nn _ -- A403N OR Merchandise inventories 4 100 00 Stocks and Bonds (Schedule B) Fr) 00 00 Real Estate (Schedule A) 1 5.,�)q Ino AccounRvable(Schedule C) ts ecei _ _Notes Receivable(Schedule C) _ Contracts Receivable(Schedule C) I _ Other personal property _—_-- Other Monies Available (Describe) -- TOTAL LIABILITIES TOTAL ASSETS I TOTAL LIA(31.LITIES AND NET WORTH *To arrive at NET WORTH, subtract total liabilities from total assets. (1.894) _ Explain; nFFiCFn•� $q! ^.RIES ?".?^• 1. Annual Income: Last year's total salary $ P A!'OU?IT OF 11,300 2. Have you any assets or liabilities not listed on this financial statement? Yes No v If yes, explain why not included Are you an endorser or guarantor for others? Yes — No --Y . If yes, explain: t 4 Have you any judgments or suits filed against you? Yes No •`_. If yes, explain: 5. Have you ever filed a petition in bankruptcy or been adjudged bankrupt? Yes _ No If yes, explain: Year: _ Court: City:_ —State: (Attach addit%onal sheet if necessary for any quesvon.) CAUTION: FALSIFICATION OR INTENTIONAL OMISSIONS OF INFORMATION ON THIS FORM MAY BE GROUNDS TO DENY OR REVOKE YOUR APPLICATION FOR A_LICENSE. Signature )( (Spo.se, if this is a joint stat mens) 1st COPY—Applicant Date X sv'19446-e45 Fonn 86545-482(1/90) y State of Oregon 9079 S.E.McLourhlln Boulevard OREGON LIQUOR CONTROL COMMISSION P.O.Box 22297 A Portland,Oregon 97222 •'AGE `#' APPLICATION FINANCIAL STATEMENT WORKSHEET Name Date Schedule A REAL ESTATE 'Show amount of delinquent taxes on each property under mortgages. if due in installments show amount and whether payment includes interest and at what rate. -MORTGAGES TYPE AND LOCATION DATE I TITLE IN INCOME ORIGINAL MARKET HOLDER OF LIEN OF PROPERTY ACQUIRED NAME OF PER MONTH COST VALUE BALANCE ENT PAYMENT i Schedule B STOCKS AND BONDS NUMBER OF MARKET VALUE BOOK VALUE SHARES DESCRIPTION-RATE-MATURITY.IF PLEDGED.TO WHOM IF NO MARKET Schedule C NOTES, CONTRACTS AND ACCOUNTS RECEIVABLE BALANCE PAYMENT DUE DATE DESCRIPTION OF COLLATERAL DUE FROM (NAME) OBLIGATION DATE OF TERMS IF ANY ORIGINAL PRESENT �s Schedule D NOTES, CONTRACTS AND ACCOUNTS PAYABLE DATE BALANCE PAYMENT DUE DATE DESCRIPTION F OF COLLATERAL ANY DUE TO (NAME) INCURRED TERMS ORIGINAL PRESENT 71 r i J It COPY—AVVII Dt SP-03344-943 Form U545-483 14/791 -. MEMORANDUM October 13, 1982 TO: Chief of Police FROM: Det. Sgt. Branstetter SUBJECT: Liquor License Application APPLICANT: TIGARD BOWL, INC. 11660 S.W. Pacific Highway, Tigard 639-2001 RECOMMENDATION: Approval with condition that no package sales be allowed for outside carry out. As per your request I recontacted the owner of Tigard Bowl, Marion Powers. She informed me that she did not wish to sell packaged malt and wine beverage, that she was only concerned with draft sales. She did indicate that the wine sales would have to be by bottle because she did not have the facilities to dispense unbottled wine. However, the way her facilities are arranged, they could watch the game room r that will be posted off limits for alcohol consumption. I talked to Steve Brinkoff of O.L.C.C. at phone 229-6114, who said they would be able to place the restriction of no package sales for outside carry out on this license, restricting them to draft sales only. I inspected the premises on 10-12-82, finding the area containing the game machines in a separate area from the service area. I was advised that this area will be posted, not allowing the consumption of alcohol beverages in this area. The remainder of the area is open to view from the service area, and would not create an enforcement problem for the dispenser. Lonnie Branstetter Detective Sergeant LB:ac Avoid Verbal Messages A-1 CITY OF TIGARD To: Chief Adams From : Doris Harti.g Subject: QLCC Application Date:_ 10/5/82 Please investigate and have recommendation to us by Tuesday, October 19th so that we can. inc:.lude it in the packets for the Council Meeting of Monday, Otto er 25th. Tigard Bowl, Inc. 11660 SW Pacific Highway Tigard, Oregon 97223 Type of application: New Outlet - Retail Malt Beverage LEAGUE OF OREGON CITIES �- 1982 ANNUAL CONVENTION Designation of Voting Delegate at Annual Business Meeting The annual business meeting will be held at the general luncheon on Tuesday, November 9, at 12:00 noon. Each city is entitled to cast one vote at the business meeting; all city officials are encouraged to attend. Use this form to indicate those persons who will represent your city as a voting delegate and alternate delegate. The voting delegate or alternate should pick up a voting card at the convention registration desk on Tuesday morning prior to the business meeting. Note: Delegates may not vote with- out a voting card, and voting cards will be issued only to a person indi- cated on this form Voting by proxy will not be permitted. VOTING DELEGATE Name Wilbur Bishop Title Mayor CityTigard ALTERNATE . Name Bob Jean Title City Administrator , City Ti and Submitted by: Name Doris Hartig Title C jLv Recorder/FnanCe Direernr City Tiga*d - Telephone 639-4171 Return by October 22 to: League of Oregon Cities P.O. Box 923 Salem, OR 97308 October 25, 1982 MEMORANDUM TO: Mayor and City Council I FROM: City Administrator, Bob Jean ✓��� SUBJECT: LOC Convention Deligates Since the City has been requested to have deligates present for voting at the League Convention, I would suggest Council appoint Mayor Bishop as the deligate for the City and myself as the alternate. BJ:lw 1121 League ofOregon Cities SALEM: Local Government Center, 1201 Court Street N.E., P.O. Box 928, Salem 97308, Telephone: (503) 588-6466 EUGENE: Hendricks Hall, University of Oregon, P.O. Box 3177, Eugene 97403, Telephone:(503) 686-5232 Salem, Oregon October 15, 1982 To: City Managers and City Recorders We .need your help in making final arrangements for the League convention, November 7, 8 and 9, this year. Resolutions Materials. Again, all resolutions materials are being sent to each city in advance of the convention. Please see that the enclosed proposed resolutions and Oregon Municipal Policy changes are given to the city's voting delegate or others interested in tollowing resolutions committee activities. The first meeting of the resolutions committee is scheduled for Sunday, November 7 at 9:00 a.m. in the Steinbeck Room of the Eugene Hilton. Voting Delegate to Annual Business Meeting The business meet ni ill be held ar/lunch on Tuesday, November 9 and begins at 12:00 noon in the O'Neill Room of the Eugene cnis meeting, League members will vote on resolutions and amendments to Oregon Municipal Policy developed by the League Resolutions Committee. Members will also elect League officers and Executive Com- mittee members for 1983. Each city is entitled to cast on=votet the annual business meeting. Please fill , out the attached form, designating one voting delegate from your city and an alternate. The form should be returned to the League office no later than October 22 or it may be turned in at the registration desk. The voting delegate or alternate must pick up a voting card at the convention registration desk on Tuesday morning prior to the business meeting . Delegates may not vote without a voting card, and voting cards will be issued only to a person indicated on this form. Voting by proxy is not permitted. Pre-registration Packets The pre-registration packets which include badges, meal tickets and the preliminary program for all city delegates that have pre-registered will be sent by UPS and de- livered to your city hall no later than October 29. Please arran a to have all dele- . gates (mayors, counciimembers, city staff, etc.) pick up their packets before they leave for the convention. OFFICERS: Mayor Jack R. Nelson, Beaverton, president 0 DIRECTORS:Mayor Alan Berg,Corvallis 0 Mayor Dale Courtney,Milton-Freewater 0 Mayor Elvom Hell,Newberg 0 Mayor Al Gerald"Lou"Hannum,councilmember,Medford,vice-president 0 Hatton,Lincoln City 0 Mayor R.A."Gus"Keller, Eugene,immediate past president 0 Mike Lindberg,commissioner,Portland e Ruth Burleigh, councilmember, Bend, measurer 0 Stephen C. Mayor John Lundell,The Dallas 0 Robert L.McWilliams,city manager,Redmond 0 Sandra J.Rennie,councilmember,Springfield 0 Bauer,executive director. Jim Watson,city manager,Klamath Falls. City Managers and City Recorders October 15, 1982 Page 2 r 1 We appreciate your help with these arrangements for your city's delegation. if you have any questions, please do not hesitate to contact the office. We believe that > our program offers valuable learning opportunities for all city officials, and we ; hope to see you and your city officials in Eugene. Sincerely, k- c, Step en C. Bauer Executive Director SCB:bas Enclosures c Y y r '1 ti i; '1 �7 s . i i f E.� IN NOM c Policy Resolutions for Resolutions Committee League of Oregon Cities 57th Annual Convention November 7-9, 1982 Eugene, Oregon Section 1 -- Oregon Municipal Policy Revenue and Taxation Ethics Code Eugene's Changes Section 2 -- Resolutions Ballot Measure #3 (3 alternatives) Land Use Planning (3 alternatives) Federal revenue sharing Transportation - State Financing Transportation - Federal Financing Labor Impasse Procedures I, Growth Costs Public Contracting $1 per Capita Funding for Local Emergency Social Services Planning and Oversight Commissions Antitrust Immunity (2 alternatives) Section 3 -- League of Oregon Cities Constitution Newberg Amendment k IL PROPOSED AMENDMENT TO OREGON MUNICIPAL POLICY On page 2, after the heading "Revenue and Taxation", insert the following language: Taxation policy should only be determined after taking an overall look at both state and local financing systems . In recent years, there has been a sustained effort to impose some kind of property tax limitation on local governments. At the state level , the slowdown in Oregon's economic activity has drastically reduced income tax collections. These events point to the need for a more diversified tax policy at both levels. As existing taxes are reviewed and new taxes considered, they should be tested against the principles of equity, fairness, stability of yield , ease and cost of administration, relationship to services offered, broad based application and the impact on Oregon' s tax position relative to other states. There is currently too much reliance on the property tax system for financing all units of local government. One alternative to solving this problem is the adoption of a new revenue source dedicated to one or more units of local government, and used as an offset to property tax collections. The state and its local governments are best served through a mix of taxing sources. Arguments may be made for placing some local governments on an exclusive property tax, or an exclusive non-property tax source. However, financial stability over the long term will best be achieved if local governments are able to share in the three primary taxing sources-- property, income and sales. State tax policy can and should be used to accomplish the state's goals. Goals relating to efficient land use, economic growth and urban and urban fringe area development may be best achieved by a system of differential taxation that more appropriately relates taxation levels with services actually provided to specific areas . Such a system can eliminate the subsidy, in the form of double taxation, that urban unincorporated areas receive from both rural and incorporated area taxpayers. In almost all cases, cities are the most logical and most effective providers of urban level municipal services and tax policies should promote rather than hamper annexation and incorporation procedures. On page 3, under the heading "Tax-Exempt Pc-operty", delete existing language and replace with the following language: Property tax exemptions should be quantified and qualified. Exemp- tions that contribute significantly to the pursuit of state and local goals should be retained and all others eliminated. Clear criteria should be developed for granting exemptions in the future. All exempt property requires police, fire and other municipal services, often at expenditure levels far beyond the level otherwise required to serve the rest of the community. Programs of compensation, in the form of in-lieu-of tax pay- ments, should be developed in these instances so that local property tax- payers don' t have to bear an unfair burden in financing services to tax exempt properties. 't (t f 1 t� t[ I C j OREGON MUNICIPAL POLICY STATEMENT I The Oregon legislative assembly, in establishing an Oregon government ethics code, declared that a public office is a public trust, and that the i code of ethics is one safeguard of that trust. t Oregon's system of government rests heavily on volunteer involvement s l by public-minded private citizens willing to serve on their own time, for E f S little or no compensation. This governance by citizens guarantees that f voters are represented by those who live and work among them, and share a similar investment in the well-being of the local community. A statewide code of ethics provides a basic framework within which public officials and agencies can function. However, cities have an interest in enacting their own ethics code specifically governing the ethical behavior of locally elected and appointed officials and city employees. Uncompensated city officials, on the whole, must devote the majority of their time earning an outside income; therefore, it cannot reasonably be considered unethical to be an employee or owner of a business or corpora- tion, and a public official . It is understood that public officials strive I to serve with integrity and honor. Legislating government ethics requires F the proper balancing between preventing potential conflicts through public f disclosure, and prohibiting certain forms of conduct and monetary assistance outright. A formalized code of ethics which provides for public statements f of economic interest, declarations of potential conflicts of interest, and abstention from acting upon items where personal gain may be derived protect both the public and the public official from perceived or real ethical violations. As part of this commitment to openness, the state Ethics Commission must be able to promptly and fairly process complaints against public officials, and to report their findings in a public forum. Cities of Oregon seek to continue the spirit of doing the public's business in public, without the blemish of undisclosed interests and in- appropriate influences . At the same time, it is the right and duty of every city official to prepare information, to study issues and speak out in an official capacity in an attempt to influence state and federal legislature and administrative decisions that affect cities. That right should not be unduly limited by complicated and burdensome registration and reporting requirements. 71 Proposed amendments to OREGON MUNICIPAL POLICY Submitted by the City of Eugene 1 �r a�rr•�rav�®®����s�rvs COMMENTS AND NOTES Page 4 -- Municipal COUrts [6ne-af-the- ,est] An essential service[s] performed by a city is the administration of justice--a service that is rendered primarily through the municipal court in the enforce- ment of the city' s law. The munici- Editorial pal court exists to protect the peace and welfare of those in the city while preserving [each] individual [15] rights. [The] [fn]Municipal court provides an easily accessible forum for the prompt disposition of municipal law violations . ORGANIZATION Municipal court is the judicial branch of city government. Cities have the statutory right to establish a court system or file violations in the State' s district Courts. Population, geography, personnel and other factors should govern the form of court system which best administers justice for the conve- nience of the accused and the public. These 'he- main4an2ncefmuniGipal ;A-411 make dog4able the marge;o;@Jim;Aa&iAA:&-a- At est times thess con- siderations will make desirable the merger or elimination of municipal courts with or in favor of other courts. necessarily petuated in their Present -unless P P cc " rh2ve r-onsider.:-ation of se;wWo to the Attempts to eliminate municipal courts should only be undertaken based on extensive investigation and research. In addition to the general factors listed above, administrative issues of concern to cities include revenue, distribution of fines, liability factors, and control and efficiency factors, such as police scheduling, prompt disposition of cases, and accountability. s COMMENTS AND NOTES Pages 4 & 5 -- JUDICIARY The true measure of any court 4kas.-te-lss[ is] found in the quality of its judges. An indepen- dent and qualified municipal judiciary can best be achieved by the use of judges who have had specific training on municipal court proce- dures. Cities are encouraged to provide their judges with both initial and ongoing training on such procedures. Stieh Judges should be selected by appointment rather than election. DEFENSE OF INDIGENTS Justice cannot be rationed according to a per- son's economic status. Th;er-e€ere,Every person Some suggested changes are charged with a public offense should be entitled editorial . Others reduce dup 1 i- to the assistance of competent legal counsel. If tate language and clarify and a person is financially unable to secure ade- quate representation without substantial hard- refine the description of Factors ship, the expense of furnishing counsel should which are of concern to cities be assumed as a proper function of govern- in potential municipal court ment. system changes . JURY TRIALS Defendants charged with criminal offenses have a constitutional right The right to a jury trial is a to a iury trial . constitutional one in criminal The jury represents a deep commit- prosecutions. The existing OMP ment to the use of [+aymen] citizens language could be misleading. in the administration of justice. [end In addition, the language on shed€d-be-rete+rsed-+n-a€}-crrr+rRa+ duplication of jury trials may prosecut€ons-except-these-+Rve+v+ng not be appropriate municipal petty-of€ense-u-Bap}read an-o€-7ery policy at this time. A legisla- tr+a}s-as-need-al-+owed-+s-dudes+rab€e- tive change, required to implement A-defendant-shea+d-be-ent+t+,.d-te the policy, would require municipal en+y-enc-jary-tr+a}-€er-e-part+en+ar courts to become courts of justice. offense..-] Care should be taken to This involves significant admin- ensure that iury members represent istrative change, including a cross section of the city's establishing the court recorder population. function, and could be quite costly. Page 12 COMMENTS AND NOTES AIR POLLUTION Air pollution continues to be a serious threat to the health of our citizens and the welfare of our communities. While some progress was This paragraph should be deleted made in the 1970's in controlling emissions or substitute for the illustration from stationary sources of pollution, other which currently refers to acid sources of pollution remain a persistent and rain, an illustration referring growing problem. Reducing air pollution to to ozone. safe levAls is equal in importance with employ- ment, housing and economic development in Air quality experts view acid rain revitalizing and conserving cities. In areas with a s an international and interstate clean air, degradation of air quality may be a problem. Although it may eventually threat to agriculture, forest lands, tourisim, P and the economic base of municipalities. become a problem i n the Northwest , we do not yet have the Concentra- tions of acid gases in our ambient +f. P + h *ti cin air necessary to change the ra i n- fall . Excess ozone--typically assoc All levels of government and private industry i a ted with urban areas--is a more must take concerted action to attain and main- appropriate example of a potential tain clean air. As part of this effort, city of- pollution migration problem in ficials support the continuation of a national Oregon. Ozone travels long d i s- clean air strategy that includes the following tances and concentrations can be components: stronger at downwind locations 1. the primary responsibility for achieving air then i e the area of origin . quality standards should remain with state and local governments. Cities should be given a direct and strengthened role in air pollution prevention and control. Authori- ty to conduct air quality planning should be vested with general purpose local governments or regional organizations that assure the involvement of local elected of- ficials; The trend at the federal level is to consolidate grants and direct 2. the federal government should con- them to state-level agencies. The tinue to provide financial assistance amendment would clarify to units of local government, and proposed leadership for air pollution control cities' preference that the option of direct grants to local agencies planning and implementation. Such assistance should support land use be retained. and transportation planning efforts, as well as emission control and monitoring. Additionally, training 0 ortunities for state and local air The federal government is best quality agency personnel should be increased tech- equipped to provide the technical continued as well as assistance that is of value to all nical assistance to deal with growing air quality agencies in the country ubtic concern and awareness of hazar- and can encourage a desirable level dous and toxic air contaminants. of uniformity. 3. local units of government responsible for air quality should have the flexibility to determine the range and mix of transporta- tion controls needed for their area. The federal government should support these efforts by continuing direct appropriate controls on motor vehicles, encouraging technological advances, and providing research and information on the effects that each transportation control will have Pages 17 18 COMMENTS AND NOTES Fire Defense Cities recognize their responsibility for developing and maintaining effective fire de- fense programs aimed, first, at the protection of life and, second, at the protection of proper- ty. Fire defense programs require a high degree of coordination among a number of public pro- t e grams and services—fire service, water supply, fire prevention, police service, and other public safety services,including enforcement of build- The City of Eugene recommends delet- ing and housing regulations. i ng the present reference to the in- City n-City officials feel a responsibility for assuring that expenditures for fire protection benefit surance industry and substitute the taxpayers in the form of the most favorable fire following in this section : insurance rates. The insurance industry, which 1 City officials f i c i a l s feel a responsibility also benefits from effective city fire defense programs, should recognize the extent to which for ensuring that expenditures for its establishment of standards and grading of fire protection benefit taxpayers cities affect expenditures of public funds and in the form of• reduction of damages f therefore cooperate fully with local officials in by fire which resu 1 t i eeconom i c planning and implementing fire defense pro- loss to the community; emergency ' grams. Local officials experienced in fire pro- medical protection to its citizens ; tection can contribute to establishment of greater public education on the realistic standards and should be given a greater dangers of fire reduction of fire. voice in setting the standards and establishing incidents thereby lowering fire- grading ire- grading policies. The industry should be willing to assist local related injuries and deaths that officials through consultation in advance plan- occur in the community; and the ning of fire defense program improvement. preservation of historic buildings State government should assist in assuring ef- and natural resources. fective fire defense programs in the following ways: 1. state authority to regulate the fire insurance industry should be used to assist city of- ficials in achieving a useful working rela- The ISO i s longer a major factor tionship with the industry. The state in- surance defense regulatory agency should make cer- be less so in the future. tain that the grading system for city fire defense programs maintained by the in- surance industry is used to help city of- ficials plan for effective expenditure of public funds; League Comments This proposal is complex and somewhat controversial. Resolution committee members are asked to consider whether they agree with the phiZosophy of the change. If so, it wiZZ then be recom- mended that a special subcommittee be convened to study the issue and refer their recommendations to the 1983 convention. Page 18 (Fire Services , Cont . ) COMMENTS AND NOTES 1 [2] . where water supplies are the responsibility of a private or public agency other than the city, the state's regulatory authority over the non city agency should be [sued to_a5-5dre] responsible for assuring that water supplies adequate for fire defense are available and that such non-city agencies coordinate their programs closely Editorial with city fire defense programs. Cities and the state should encourage the use of fire protection systems, including sprinklers, to reduce fire risk. Statutes should also be revised to help reduce the problem of arson and; 2[3] . the Fire Standards and Accredita- The FSAB does not provide training ; tion Board , or its successor, should it only sets up model programs and maintain a program of training recommends training standards . standards and voluntary accredi- tation of firefighters that is supportive of city efforts to provide the most effective level of fire defense possible with limited resources. Emergency [Anbu+anee] Medical Service The availability of emergency [ar+bu+anee] medical service in all areas of the state that can respond to calls for assistance with dispatch and render the best possible first-aid treatment is a matter of great concern to city officials . Since local emer- gency [ambe}enee] medical service is of statewide benefit, the problem of inadequate service is not one that addresses itself solely to local governments. City officials support the develop- Editorial changes reflect current ment of a statewide program to pro- terminology. vide emergency [ambo}anee] medical service in all areas of the state. Such a program should include state financial and technical assistance HB 2700, passed by the 1981 legis- to local governments in the lature diverted $300,000 from state Cquile F' * � ,nd operation liquor revenues and appropriated $300,000 from the general fund to ..�a;.,.. �...�.� pay for EMS training and cert i f i ca- tion programs. Additionally, "EMT Ones" will pay a fee for certifica- tion and renewal . for the purposes of planning, development, improvement, expansion and upgrading of �M -Qncy services. C" -„anent: EHS Zanguage proposed by League staff. Page 20 COMMENTS AND NOTES F INTERGOVERNMENTAL RELATIONS Increasingly, all agencies of government operating in Oregon—cities, counties, school districts, other local governments, state govern- ment and federal government—share a broad range of powers and responsibilities in a com- plex and changing system of intergovernmental relationships. No one unit of government is able to function without affecting the duties and responsibilities of many other levels and This sentence of the introductory agencies of government. A neutral forum for identifying and discussing issues and problems paragraph i s more firm than the that are intergovernmental in nature and for situation warrants. A t least f o r working out cooperative solutions does not local intergovernmental issues, we now exist. have successfully used the Council of Governments to coordinate and provide staff support to planning efforts for intergovernmental pro- jects. We have also contracted with the COG for ongoing staff support on some projects. While this approach doesn't work for all intergovernmental issues , a COG is a relatively neutral forum and can be effectively used for cooperative solutions . r" Page 22 COMMENTS AND NOTES DOUBLE TAXATION Such unfair arrangements and inequities can be eliminated in part by requiring county ser- County governments provide limited services vices of exclusive or primary benefit to limited to residents of incorporated cities. City tax- areas of the county to be financed by those payers pay the city for municipal services they areas. County government should not provide use and are often also taxed by the county for urban services to areas within the sphere of in- the same services even though the county only fluence of cities ready and willing to provide provides that service to the unincorporated such services. However, many traditionally areas of the county. In other instances county municipal services are becoming a matter of services,made available to unincorporated area countywide concern and should logically and residents, are extended to city residents only at equitably be administered and financed on a additional costs. countywide basis. We request that this section of OMP be rewritten to reflect a more compre- hensive understanding of the problem as described in the report "Double Taxa- tion," prepared for LOC by Oregon Section ICMA, and distributed in December, 1981 . In general , the current OMP description of double taxation would be more effective if identified as a service and tax equity concern of cities since the issue involves more than those services supported by property taxes. There are at least three areas where the relationship between the county and incorporated cities within it seems of particular significance. 1 . Non-Property Tax General County Revenues Whether or not a major county general fund revenue source is supported through payments from local taxpayers, the application of these resources to services not equally available to citizens in incorporated areas creates an inequity. For example, in Lane County federal OAC timber revenues ( in some years as much as one fourth of the county's general fund budget) are for the benefit of all residents of the county. How- ever , since county general fund programs are directed primarily to resi- dents of unincorporated areas , residents of cities receive far less benefit from these revenues. Although OAC revenues are probably the most dramatic example of this problem, the concern exists for all unrestricted county revenues. . 2. Non-Property Tax Restricted CountRevenues Similarly, dedicated county revenues , it not allocated appropriately among incorporated and unincorporated residents, will also produce in- equities. For example, in Lane County federal timber revenues (dedi- cated to the Road Fund) are allocated to projects annually; but are not specifically directed by population or road-miles by jurisdiction. 3. Joint Financing Agreements Joint city/county agreements to provide certain services more effici- ently and diminish the problem of duplicated services should certainly be supported by cities. However, if such agreements provide for joint sharing of costs, and the county's portion is funded from general county revenues, yet another type of inequity is created. Many examples from around the state which illustrate these points can be found in the above-cited ICMA report. We also suggest that portions of the section of the report entitled "Historic Perspective" (page 2) might be in- cluded to clarify cities' concerns about this issue. Page 41 COMMENTS AND NOTES AIR SERVICE The availability of adequate air service is an essential element of the total commerce and transportation needs of regional and economic areas. Lack of adequate service, waether resulting from the failure to introduce service or the reduction or elimination of service by the carriers, places, cities and regional areas in serious economic jeopardy. At the state level, there should be a concerted effort to implement third-level air service to areas that have unmet air transportation needs. Such an effort will require cooperation among the state!eQisiature, state agencies and affected local governments.Where such air service is not initially self-supporting, state and local sub- sidies should be ccasidered. 7.�, a:-...1dUiaa in ,.o , �� „; Sinai or. Deregulation legislation at the federal level precludes the state from issuing air certificates. 4kLyl The federal government should strengthen its essential air service program for smaller communities. RESOLUTION IF BALLOT MEASURE �3 PASSES WHEREAS, passage of Ballot Measure n3 at the November 2 general election will drastically reduce property tax revenues for most Oregon cities in fiscal year 1983-84 and thereafter; and WHEREAS, these revenue reductions will affect a city differently depending upon its degree of reliance upon the property tax as a revenue source and any one-time revenues that may have been part of 1979-8o revenues; and WHEREAS, the measure's provisions also severely limit any city 's ability to raise revenues from other traditional local sources; and WHEREAS, cities recognize that the state, given its present financial condition, will be hard put to provide any additional local government funding from its existing revenue base and that federal govern- ment policy seems to favor continued reductions in federal funding programs for cities; and WHEREAS, the imposition, on a city by city basis, of local sales or income based taxes as the major replacement revenue raising options available is less desirable than a general statewide tax on retail sales; Alternate #1 NOW, THEREFORE, BE IT RESOLVED that the League of Oregon Cities supports referral of a constitutional amendment to the voters of the State of Oregon proposing adoption of a general sales tax, the proceeds of which would be shared among the state and local governments or dedicated to a single unit of government; and Alternate #2 NOW, THEREFORE, EE IT RESOLVED that the League of Oregon Cities urges the legislative assembly to develop for submission to Oregon voters a major restructuring of Oregon's tax system used to support government at all levels to provide fair, equitable and comprehensive tax reform as an alternative to the inequities that will occur under Ballot Measure #3; and BE IT FURTHER RESOLVED that the legislative assembly be urged to repeal changes made in 1979 and subsequent legislative sessions to implement the legislature's "30V Property Tax Relief Plan. i I i t C i i r RESOLUTION IF BALLOT MEASURE #3 FAILS WHEREAS, the defeat of Ballot Measure #3 at the November 2 General Election should be interpreted as a rejection of a bad measure rather than a lack of interest in fair and equitable tax reform; and WHEREAS, local governments are overly dependent on the property tax and the State derives more than three-quarters of its general fund revenues from one source--the income tax; and WHEREAS, reliance on these sources has caused Oregon's property and income taxes to be significantly above the U.S. average for all states; and ( WHEREAS , only the states of New Hampshire, Montana and Delaware, in addition to Oregon, do not have a general sales tax; and WHEREAS, a more balanced tax system will exist in the state if property and income taxes are reduced and a statewide sales tax introduced to generate offsetting revenues; NOW, THEREFORE, BE IT RESOLVED that the League of Oregon Cities supports referral of a constitutional amendment to Oregon voters proposing the adoption of a statewide general sales tax, the proceeds of which should be shared by the state and local governments or dedicated to a single unit of government; and BE IT FURTHER RESOLVED that the Legislative Assembly be asked to repeal changes made in 1979 and subsequent legislative sessions, to implement the legislature's property tax relief program. RESOLUTION ALTERNATIVE IF BALLOT PLEASURE #3 FAILS WHEREAS , citizens in Oregon have expressed their concern at the level of taxes they are paying to federal , state and local governments ; and WHEREAS, the Oregon legislature has demonstrated its concern about property taxes throughout the last decade by dramatically increasing property tax relief through the Homeowners and Renters Relief Program, basic school support and its 1979 Property Tax Relief Plan; and WHEREAS, Oregon's constitution requires that property taxes in Oregon can only be approved by citizens in each community voting to pay for local services; and WHEREAS, surveys indicate that, comparing services received for taxes spent, voters are more satisfied with local governments , less satisfied with state governments and least satisfied with the federal government; and WHEREA the November, 1982, general election provided citizens with the opportunity to vote on a property tax limitation measure--Ballot Measure #3--which failed to obtain majority support; and WHEREAS, it would be foolhardy to interpret the failure of this ballot measure as an indication that tax relief is not a priority issue for citizens in Oregon; and WHEREAS, cities in Oregon are vitally concerned with the manner in which tax relief is provided for the citizens of Oregon; NOW, THEREFORE, BE IT RESOLVED that the member cities of the League of Oregon Cities acknowledge the concerns voiced by taxpayers regarding the levels of taxation and government spending at all levies of government; and BE IT FURTHER RESOLVED that cities believe that all levels of government must strive to provide necessary services in the most economical fashion in order to keep taxes as low as possible; and BE IT FURTHER RESOLVED that cities encourage the 1983 legislature to seek new ways to finance local government services that will provide meaningful , constructive property tax relief; and BE IT FURTHER RESOLVED that cities believe that any form of property tax relief must not cripple the ability of local governments to provide services nor interfere with the right of local voters to set service levels that meet local needs. - r ALTERNATIVE #1 IN CASE BALLOT MEASURE #6 DOES NOT PASS LAND USE PLANNING WHEREAS, cities have consistently supported the concept of Oregon's land use program and have demonstrated a commitment to helping make the state-local partnership work; and WHEREAS, the basis of Oregon' s land use program, particularly the principle of local land use planning with the state setting overall policy direction and offering technical and financial assistance, has as much merit and relevance today as it did in 1973; and WHEREAS, with the completion and acknowledgment of initial comprehensive plans, it is important that the "post-acknowledgment" system be simple, efficient and definite, and preserves the balance and purpose C of the original legislation; NOW, THEREFORE , BE IT RESOLVED, that the League of Oregon Cities supports legislation that will carry forward the state-local partnership in land use planning; and r BE IT FURTHER RESOLVED, that the Legislative Assembly, in con- sidering Oregon's land use program, is urged to give attention to the following principles•. 1 . There should be a period of stability in the program after acknow- ledgment so that the state and local governments may concentrate their resources on implementation of the recently completed plans. While further planning is necessary and desirable, major new state planning requirements should be avoided at this time. 2. The acknowledgment process needs to be more flexible. Substan- tial is clearly consistent with the compliance with state y tial comp 9 original intent of SB 100. Local efforts to achieve a balance between state goals to meet local needs should be given more weight in plan review. LCDC should re-examine the relationship between its field staff and central staff in order to make the f 3 field staff role more meaningful and insure that central reviewers i are familiar with the area being reviewed. i 3. In the post-acknowledgment period, land use planning should con- . i tinue to be primarily a local government responsibility, with limited state review by the Land Conservation and Development Commission (LCDC) . LCDC review of plans should be conducted on a periodic basis that reinforces , not pre-empts , local planning programs and that recognizes the diversity of cities. All land use decisions should be subject only to judicial review. 4. The legislature and governor should strengthen efforts to coordi- nate the programs of state agencies with acknowledged local compre- hensive plans. 5. The state should provide financial and technical assistance equal to the level of further state requirements and mandates. i 6. The state should make resources available to help implement E adopted comprehensive plans. ! i 7. Appeals from local land use decisions should be simple and direct in their adjudication. ! ,i f ALTERNATIVE #2 IN CASE BALLOT MEASURE #6 PASSES LAND USE PLANNING WHEREAS , cities have consistently supported land use planning; and WHEREAS, the concepts of SB 100 provided for rational , long range planning for Oregon's urban development, economic diversification and resource conservation; and WHEREAS, with the passage of Ballot Measure #6 at the November election, the voters have rejected Oregon' s land use program; and WHEREAS, the passage of Ballot Measure #6 has eliminated the elements of SB 100 that were essential to orderly, manageable growth; especially the provisions calling for coordination of planning efforts; NOW, THEREFORE , BE IT RESOLVED, that the Oregon Legislature is encouraged to take the following actions to fill the void created by passage of Ballot Measure #6: 1 . Respect the desire of the voters of the state that local governments have paramount authority over land use planning. 2. Re-adopt the statewide goals as general guides for local master land use plans. 3. Re-establish the requirement that planning efforts be coordi- nated--especially in areas within each city's sphere of influence, or alternatively, restore the authority of cities to plan and zone for land on city fringes. 4. Continue to provide technical assistance to local planning �` efforts. BE IT FURTHER RESOLVED, that the legislature should resist efforts by special interest groups to subvert the intent of the voters by imposing uniform standards or mandates on local governments relating to development, capital improvements financing or land use planning, generally. BE IT FURTHER RESOLVED, that the legislature, in enacting any response to Ballot Measure #6, should take into account the diversity of Oregon's cities and counties in their geography, size, growth characteristics and financial capabilities. ALTERNATIVE #3 IN CASE BALLOT MEASURE #6 PASSES LAND USE PLANNING WHEREAS, cities have historically led Oregon in the area of land use planning , beginning shortly after the turn of the 20th century; and WHEREAS, cities have been supportive of the concepts embodied t in SB 100: generalized state-level goals being balanced and applied on a ' t coordinated basis at the local level in order to manage urban and economic growth, while managing Oregon' s resource base; and i WHEREAS, the implementation of the state land use program had t become increasingly complicated and prescriptive, contrary to the pur- poses of SB 100, and WHEREAS, the people of Oregon have repealed SB 100 by their affirmative vote for Ballot Measure #6 at the November election; NOW, THEREFORE, BE IT RESOLVED, that the legislature respect the desire of the people of the state that local government have paramount authority over land use planning; and BE IT FURTHER RESOLVED, that the Oregon legislature is urged to limit its response to the passage of Ballot Measure #6 to those actions specifically required to resolve any serious problems created by the measure's passage; and BE IT FURTHER RESOLVED, that the legislature should resist further efforts to impose minimum or uniform standards on local governments relating i i to development, capital improvements financing, or land use planning i generally. BE IT FURTHER RESOLVED, that any enactments of the legislature in response to Ballot Measure #6 should take into account the diversity of Oregon's cities and counties in their geography, size, growth rates and financial capabilities. RESOLUTION FEDERAL REVENUE SHARING WHEREAS, the State and Local Fiscal Assistance Act of 1972, re- enacted in 1976 and 1980, has established a general revenue sharing program which blends the revenue raising ability of the federal government with the unique qualifications of city and county officials in defining local needs and developing appropriate programs for these needs; and WHEREAS, the existing revenue sharing program has enabled cities and counties in Oregon to ease severe financial problems caused by increased demands of essential services, continued population growth, inflation, man- dated costs and other factors; and WHEREAS, the majority of revenue sharing funds are being used by Oregon cities and counties to maintain and improve basic services, the costs of which have been increasing at alarming rates; and WHEREAS, since most cities and counties in Oregon, having been forced by economic necessity to abandon the philosophical view that general revenue sharing funds should be used exclusively for capital improvement projects, now use the bulk of the funds to operate and maintain basic city and county services; and WHEREAS, Oregon cities and counties will receive approximately $54,5 million in general revenue sharing funds for the year ended September 30, 1983, an amount that otherwise would have to be met through higher local taxes or reduced services and programs; and WHEREAS, the program is scheduled to expire September 30, 1983; and WHEREAS, early renewal of the program by the Administration and ` the Congress is necessary to prevent severe disruption in the budgetary pro- cess and other financial planning efforts of cities and counties in Oregon and to avoid a cessation of important public services and facilities of benefit to all the citizens in the state; NOW, THEREFORE, BE IT RESOLVED that the League of Oregon Cities urge Congress to provide for reenactment of general revenue sharing; and BE IT FURTHER RESOLVED that the League of Oregon Cities urges the President and the Congress to provide continuity in reenactment of the revenue sharing program by funding it under the same general formula as the existing program and , in particular, funding it outside the annual appropriations process so that cities and counties can effectively build revenue sharing into their local fiscal programs and eliminate the probable cutbacks and uncer- tainties in programs and services that result when continuation of revenue sharing is in doubt. WNW RESOLUTION TRANSPORTATION - STATE FINANCING WHEREAS, the people of Oregon are dependent upon a safe, well - maintained system of city streets , county roads and state highways for their personal mobility; and WHEREAS, Oregon' s farm, forest and tourism economy cannot survive without good roads in every part of the state; and WHEREAS, recent inflationary increases in the cost of road con- struction and maintenance products have far exceeded the cost-of-living index; and WHEREAS, various energy conservation measures , such as the 55 mile-per-hour speed limit and better gas mileage of newer model vehicles have tended to slow revenue growth from gasoline taxes; and WHEREAS, adequate maintenance of the existing street and highway systems and continued strengthening of public transportation systems cannot be accomplished within the existing revenue raising structure; and WHEREAS, failure to properly maintain highway surfaces will lead to a growing backlog of deteriorating highway pavement and eventually lead to much more costly roadbed construction, and WHEREAS, the most recent ballot measure seeking an increase in the state gas tax and weight/mile taxes failed by only a small margin; and WHEREAS , while a tax imposed on a statewide basis may be superior to a patchwork spread of local taxes, there are many communities where the needs are critical and voters have consistently supported gas tax increases just as other areas have consistently opposed such increases; NOW, THEREFORE, BE IT RESOLVED, that the League of Oregon Cities urges the 1983 State Legislature to bring together all of the groups inter- ested in highway finance, develop a proposal that can be supported by such a coalition and act to implement a funding proposal as early as possible; and BE IT FURTHER RESOLVED that the League supports attempts by in- dividual cities to seek their own solutions to local transportation financ- ing needs by way of local option taxes, if a state effort to raise new revenues is unsuccessful . RESOLUTION TRANSPORTATION-FEDERAL FUNDING WHEREAS, the Administration has proposed elimination of the Federal Aid Urban System (FAUS) , a major source of street construction funds for Oregon cities; and WHEREAS, the Administration contends that the construction of i t i local roads should be the responsibility of local government; and i WHEREAS, action by the federal government to divest itself of t any responsibility for local road construction has been accompanied by s withdrawal rather than an increase in funding to enable local governments to meet their new obligations; and WHEREAS, the Administration will be considering the imposition i of an increased federal tax on gasoline to fund its commitments on inter- state and primary road systems , thereby effectively pre-empting state and local government access to gas tax increases as a way of funding their new responsibiliites NOW, THEREFORE, BE IT RESOLVED that the League of Oregon Cities urges the President and Congress to continue the Federal Aid Urban System program until such time as local revenue systems can be put in place to generate funds sufficient for local government to meet its new obligations to finance urban street construction at adequate levels. i BE IT FURTHER RESOLVED, that the League communicate to the President and Congress its concern that higher fuel taxes imposed by the federal government will most certainly make it difficult for state and j{ local governments, since they must first secure voter approval , to finance local road needs. Such an increase in federal fuel taxes should only be supported if it provides an adequate transfer of such funds back to state and local governments. • RESOLUTION ON LABOR IMPASSE PROCEDURES WHEREAS , cities acknowledge and accept employees ` right to form, join or participate in labor organizations; to bargain collectively through representatives of their own shoosing with respect to wages, hours, and terms and conditions of employment; and to enter into written con- tracts on matters agreed-upon in good-faith negotiations; and WHEREAS, not all good-faith collective bargaining between ob- jective parties results in a labor agreement; and WHEREAS, local elected officials can neither abdicate their responsibilities to the public nor frustrate the right of the public to make policy decisions and set priorities concerning public spending; and WHEREAS, local conditions require the flexibility to tailor a i personnel program to local needs, as long as that porgram is fair to both labor and management; NOW, THEREFORE, BE IT RESOLVED that a community should be allowed the choice of a variety of impasse resolution procedures, including: strike, last-best final offer arbitration and traditional binding interest arbitration; and BE IT FURTHER RESOLVED that if the community favors binding in- terest arbitration, the statutory criteria to be used should be weighted and designed to rely on local labor market conditions. RESOLUTION ON GROWTH COSTS WHEREAS, the cost of capital facilities necessary to support expected growth in Oregon over the next twenty years is a staggering six billion dollars; and WHEREAS, there is no current financing mechanism for meeting the ! local share of such costs; and WHEREAS, the costs of providing services like police and fire protection, libraries, parks, building inspection and land use planning will also have to be met to serve increased populations ; and WHEREAS, the federal government is systematically reducing fund- ing for building and repairing infrastructure; and WHEREAS, Oregon's desire to broaden its economy, foster orderly urban density development and conserve resource lands is absolutely de- pendent upon the ability of cities to support new growth; and WHEREAS, the State of Oregon benefits from local economic develop- ment through increased income tax revenues but currently offers very j little financial help in meeting growth costs; and WHEREAS, the Joint Interim Committee on Managing and Financing f Growth and the Joint Legislative Committee on Land Use have been studying the issues of growth management, growth financing and infrastructure j financing; and WHEREAS, the League's Council on Growth has offered a wide range of suggestions for .dealing with the growth management and financing prob- lem in its document, Managing and Financing Growth; NOW, THEREFORE, BE IT. RESOLVED, that Oregon's cities continue to believe that the problem of growth management and financing of capital facilities and public services required by new growth is a major issue facing Oregonians in the next decade; and BE IT FURTHER RESOLVED that the legislature is to be commended for its action in creating the Joint Interim Task Force on Managing and Financing Growth; and BE IT FURTHER RESOLVED that the Governor and legislature are re- quested to provide leadership on the growth management and financing issue by: 1 . Dedicating new or existing state revenues to local infrastruc- ture needs. 2. Increasing the flexibility of the local taxing structure to respond to growth costs and land use policies by consideration and possible adoption of site value taxation, regional tax bases, a statewide sales tax and elimination of unnecessary property tax exemptions. 3. Increasing the coordination of state agency programs with the implementation of local plans. 4. Expanding the ability of cities to annex land , consistent with adopted and acknowledged comprehensive plans , and reasserting the role of cities as the primary provider of comprehensive urban services. BE IT FURTHER RESOLVED that the legislature should resist impos- ing further procedural mandates or further removal of local authority and ability to independently develop local solutions to local growth management and financing problems; and BE IT FURTHER RESOLVED that cities, for their part, must seek ways to stretch available. infrastructure dollars through sound maintenance pro- grams, new financing techniques including possible local sales or income taxes, and cost effective alternatives to present construction practices by seeking new designs, operating procedures and local or regional sharing of facilities, 'where possible; and -2- BE IT FURTHER RESOLVED that while Oregon is aggressively seeking new industrial sitings to broaden the state's economic base and create jobs, it is important that such industries recognize the financial burden they place on local governments and contribute to meeting the costs they impose on the community. -3- r RESOLUTION PUBLIC CONTRACTING WHEREAS, the Oregon State Legislature consolidated public con- tracting laws in a substantial overhaul of public ontracting procedures during the 1975 legislative session; and WHEREAS, the purpose of that consolidation was to provide simplified and uniform procedures; and WHEREAS, the 1975 legislation also authorized cities and counties to declare their own governing bodies as local contract review boards , thereby exempting themselves from the jurisdiction of the State Public Contracting Board; and WHEREAS, city and county charters may provide an additional body of law relating to public contracting at the local level that would be superimposed over the rules and regulations of the State Board ; and WHEREAS, control exercised at the local level over public con- tracts let by local governments conforms with Oregon's basic philosophy of assigning maximum responsibility to the level of government closest to the community and is compatible with the goal of delivering public services at the least cost to the taxpayers; and WHEREAS, special interest groups representing contractors and others whose self-interest is served by reducing local control over the public contracting process have persistently attempted to erode the changes made in 1975; and WHEREAS, a coalition of private sector interests has emerged to promote a constitutional amendment which would prohibit local governments wig from employing personnel or providing public services if there is capability in the private sector to provide that service. NOW, THEREFORE, BE IT RESOLVED that the League of Oregon Cities opposes any further erosion of local government public contracting authority by the legislature, the state public contract review board or special interest groups persuing their self-interests on a statewide rather than a local level . � k • w RESOLUTION $1 .00 Per Capita Funding For Local Emergency Social Services WHEREAS, the League of Oregon Cities recognizes the need to assure the availability of adequate funds for emergency social services to local governments or appropriate multi-service non-profit or through local state DHR Offices; and WHEREAS, the choice of administration and oversight of the funds is a matter of local choice, that if the local government chooses not to directly participate, the responsibility for ensuring service provision rests with the state through its offices or by contract with a local non-profit agency; and WHEREAS, as a minimum, the state allocate $1 . 00 per capita to local gove�:iments for emergency social services, these funds to come from the federal Social Service Block Grant; and WHEREAS, local administration of said funds would a) be more responsive to local need and b) more cost effective because of lower administration costs; NOW, THEREFORE BE IT RESOLVED BY THE LEAGUE OF OREGON CITIES: THAT appropriate legislative recommendations are developed for legislative action during the 1983 general session to accomplish the aforesaid; and BE IT FURTHER RESOLVED THAT staff work with interested local governments and/or their representatives to develop a legislative package or to work with appropriate state administrators to achieve the resolutions at hand through administra- tive actions. Proposed by City of Salem s ' RESOLUTION Planning and Oversight Commissions WHEREAS, the state can plan, assess, and evaluate its use of the federal human service block grants and is not required, except in the most general sense, to have local participation at any point in the entire process; and WHEREAS, four of the six human service block grants had task forces that were appointed by the governor. No task force was established for the Social Service Block Grant. There were no public hearings and none are planned; and WHEREAS, a commission, or commissions, for the human service block grants should be established at the state level, which the commission(s) would be appointed by the governor with vacancies filled by commission recommendation to the governor for approval; and WHEREAS, the recommended size would be 9-i 1 members if one commission, and seven members if more than one commission and said commission(s) would meet at least quarterly and not more than once per month; and WHEREAS, the commission(s) would be advisory to the Department of Human Resources and the governor; and WHEREAS, representation on the commission(s) would include local governments, non-profit agencies, clients, business, other citizens, and the state, which representation should be balanced with vacancies filled from the affected represented group, i.e. , non-profit representative vacancy filled with non-profit person; and WHEREAS, staffing would come from the state and participating local governments; and WHEREAS, the commission(s) responsibilities would include: A. Planning, assessment, and evaluation of the human service block grants. 1) Conduct public hearings to assess need for the purpose of priority and development of an annual state plan as required. 2) Monitoring and evaluation of the block grant programs to insure efficiency in services and expenditures. 3) Ensure formal evaluation/auditing by an independent firm or agency (the state is not required to do this now by the federal regulations); and r' WHEREAS, commission(s) would prepare and distribute semi-annual and annual reports to the state, local governments, and the public; NOW, THEREFORE, BE IT RESOLVED BY THE LEAGUE OF OREGON CITIES: THAT appropriate legislation is developed, if needed, for legislative action in the 1983 general session to accomplish the aforesaid; and BE IT FURTHER RESOLVED THAT staff work with interested local governments and/or their representatives to develop a legislative action package or to work with appropriate state administrators to achieve the resolutions through administrative actions. Proposed by City of Salem IT_�—_— i •* r A RESOLUTION On supporting state conferred antitrust immunity for governmental actions I of cities. i WHEREAS, the Supreme Court ruled in 1973 in Parker v. Brown that I the actions of a state cannot be challenged under the Sherman Act; and I WHEREAS , the Supreme Court ruled in 1982 in Community Communica- tions Co. , Inc. v. City of Boulder that the actions of cities may be challenged under the Sherman Act unless the city was acting under state law explicitly authorizing the substitution of regulation for competi- tion; ompeti-tion; and WHEREAS , as a result of the Boulder decision, cities with any kind of local autonomy or home rule powers may be challenged under the antitrust laws whenever their actions adversely affect competition; and WHEREAS , the threat , burden, and cost of litigation will have a negative effect on the ability of such cities to govern; and WHEREAS, the League of Oregon Cities has urged Congress to pass legislation conferring upon cities the same status states enjoy under the federal antitrust laws; and WHEREAS , the federal process may procede slower than cities of Oregon need to protect themselves from actions by individuals or cable system operators seeking to circumvent traditional city authority to regulate cable; NOW, THEREFORE, BE IT RESOLVED that the League of Oregon Cities , in the event federal legislation is unsuccessful , should seek from the state legislature specific antitrust immunity for cities in the full range of their actions. A RESOLUTION On Supporting Antitrust Immunity for Governmental Actions of Cities WHEREAS, the Supreme Court ruled in 1973 in Parker v. Brown that the actions of a state cannot be challenged under the Sherman Act ; and WHEREAS, the Supreme Court ruled in 1982 in Community Communica- tions Co. , Inc. v. City of Boulder that the actions of cities may be challenged under the Sherman Act unless the city was acting under state law explicitly authorizing the substitution of regulation for competi- tion; and WHEREAS, as a result of the Boulder decision, cities with any kind of local autonomy or home rule powers may be challenged under the antitrust laws whenever their actions adversely affect competition; and WHEREAS, the threat, burden , and cost of litigation will have a negative effect on the ability of such cities to govern; and WHEREAS, in order to obtain immunity from antitrust liability from the states , cities will have to relinquish their governmental autonomy; and, WHEREAS , the Boulder decision leaves many questions unanswered, including how specific state law must be to shield cities from antitrust liability and whether municipal actions will be judged under the same anti- trust rules as apply to the actions of private business. NOW, THEREFORE, BE IT RESOLVED that the League of Oregon Cities urges Congress to pass legislation conferring upon cities the -same status as states enjoy under the antitrust laws. A a City of A Office of Mayor and City Council 414 E Flrst SL (503)538-9421 Newberg.Oregon 97132 An addition to Article IV, Section 2 . Add a new sentence after the words "successors are elected and qualified. " New Sentence: A vacancy shall be declared when any officer misses 2 meetings during each annual term of office without being excused by the League President. AMENDED SECTION WOULD READ: SECTION 2. Term of Office. All officers except the executive secretary shall be elected at the annual convention of the League for a term of one year and shall hold office until their successors are elected and qualified. A vacancy shall be declared when any officer misses 2 meetings during each annual term of office without being excused by the League President. The executive secretary shall be appointed by the executive committee and shall hold office at the pleasure of the said committee. home of Ole Pasldo wd Foadva RECEIVE® TIGARD TOWN AND COUNTRY DAYS P.O.BOX 23885 TIGARD,OREGON 97223 CITY Q(' TIGRR� Oct . 21 , 1982 Mayor and City Council City of Tigard Tigard, Ore. Dear Sirs : Last August ' s Town and Country Festival proved to be disappointing to the committee in several aspects , despite the festival having provided more activities , music , the largest parade and more to do , plus receiving greater promotion , than in previous years . The festival was well attended on the opening day, Saturday , but rain on Sunday greatly reduced attendance on the second day . The committee is beginning planning on the next festival , with meetings held the first Wednesday of each month at Sam Gotter real estate , 7 : 30 p .m. You, and all persons , are invited to attend. There are areas of concern regarding the festival by the committee : 1 . DATE. Traditionally the festival is held the first weekend in August . This date conflicts with Wilsonville ' s Boones Ferry days , a larger festival 1-hat operates on a budget of about $25 ,000 . Other summer activities detract from attendance . Several options are being considered; changing to a spring festival , or moving into September after school has begun. 2 . SITE . Cook Park has many qualities in its favor , but has several drawbacks . There is insufficient parking for this type of an event . More parking must be provided if the festival is to grow . Lack of visibility is a second drawback. Persons would see the activities if it was set up in a downtown or highway location. And possibly there would be more merchant participation if it was near the business district . A NON-PROFIT ORGANIZATION TIGARD TOWN AND COUNTRY DAYS P.O.SOX 23881 ' r TIGARD,OREGON 97223 '''$ Vn 3 . COMMITTEE . This year our committee was woefully small . We must recruit additional people to spread the work load. This recruitment program has begun . 4 . FORMAT . Possibly the Town and Country theme has run its course . It certainly does not generate excitement , and doesn 't make reference to Tigard or the Tigard area . The committee will be discussing possible changes in this area. To sum up this report , the Town and Country committee 's financial condition is good, with adequate funds to stage future festivals , despite a loss on the 1,082 festival . Our fiscal year ends Oct . 31 , and at this date the financial report is not completed . A year-end financial report will be available at the Wednesday , �€ Nov. 3 meeting . If the above stated problems , principally that of recruiting additional committee members , can be solved , next year ' s festival will be staged as usual , but most likely with some changes from past year' s festivals . If further information is desired, I will be in attendance at your Monday meeting to provide same . Respectfully yours , 9C? Schafer Chairman Tigard Town and Country Days i A NOIR-PROFIT ORGANIZATION 1 i S MEMORANDUM E t i October 22, 1982 TO: Mayor and City Counc il FEZ": Danis Hartig RE: To Agenda Item No. 4. The Ordinance for Agenda Item No. 4 will be hand carried Monday night to the meeting. a M E M O R A N D U M TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JOY MARTIN, ADMINISTRATIVE ASSISTANT C/ DATE: OCTOBER 21, 1982 SUBJECT: BUSINESS LICENSE COMMITTEE REPORT PURPOSE 1. Receive the report from the Business License Committee. 2. Review the revisions , determine rates , and adjustments. 3 . Vote on the Business Tax Ordinance. BACKGROUND At the beginning of this year events led to some questions and conflicts on whether the Business License code can be used to regulate business activity. There seemed to be some concensus that it' s purpose was not to regulate, however portions of the code could be interpreted in this manner. City Council appointed a six member committee comprised of citizens-at-large and local business owners to examine this issue. The mission has since been expanded to examine and make recommendations as to revisions to the Business License code. THE BUSINESS LICENSE COMMITTEE Four members have actively worked on the revised chapter which is attached. During the process codes and ordinances from other cities were compared in terms of what the committee felt was best for the City. Attached is a letter summarizing their concerns. The follow- ing points perhaps should be emphasized. 1. The charge is a revenue measure and any reference to regulating business activity is not acceptable to the Committee. 2. The proposed rate structure is believed to be the fairest especially in considering the costs other structures generate in administra- tion and enforcement and in terms of level of complexity. 3. All revenues received are revenues whether or not they are for covering administration costs and should therefore not be shown as separate portions of the rates. 4. The decision on actual rates is one which Council must make since �- they are responsible for adopting the rates which will be charged. Continued . . . MEMO--TO MAYOR AND CITY COUNCIL OCTOBER 21, 1982 PAGE TWO FURTHER DISCUSSION The major change from the current code is the fee structure. Criteria are used to determine classifications instead of pre-set list of types of businesses. Reasons for the structure are (a) increased simplicity, (b) increased tax for businesses currently providing little financial support to the city government, and (c) increased tax for businesses which require increased protection or present greater difficulties for enforcement. The rate schedule presented is an option from the one proposed by the Committee. The total rate is between costs and revenue. This is done so that if administration costs increase, that portion may be increased separately, thereby leaving the revenue constant. This may be important should the property tax limitation be passed. On rates , at the August Budget Committee meeting, the suggested amount of revenue to be expected was five times the cost. A cost analysis shows the average cost is $15 . 62 per item for 1367 items in twelve months . Total cost for the year is $21, 354 , and total revenue is $50 , 385. To generate $100 , 000 , the basic average rate, which is currently between $24-$60 , should be doubled. JM dkr i i BUSINESS TAX COMMITTEE REPORT TO THE TIGARD CITY COUNCIL October 20, 1982 THE HONORABLE CITY COUNCIL: The Business Tax Committee is pleased to present to you our recommendations resented, This situation pre- for amendeSnco�`ottthe -ee Business recommendatXonsalstaff.and hle9aalinput. as encompass the Committee regarding every detailof the ordinance. cludes total unanimity by For this reason, we wish to advise the Council of observations and conclusions drawn individually and as a Committee as follows: require that a business tax be paid and it should beat 1. The ordinance req the term called a business tax, not a business license. We believe that a deal of confusion and misunderstanding has been generated by "license", which implies regulation or other legal approvals by the City. This position is basic to our approach to the Business Tax recommendations. 2. Based upon the above, the code requires that a Business Tax Receipt be issued, not a license. ax 3. The Commtr ittee believes that the hreafrom thesses of tviewpoint ofrease nof Temporary and Itinerant) are appropriate administration and is easily understood by the business community. We ulas based upon size or volume of business have rejected complex form to the City and the applicants. i due to the massive administrative expense Council will note that the Committee has elected not to make recommenda- 4. Setting the amount of the tax is a tions as to the amount of the tax. mmittee leaves to the Council where w legislative function, which the Co believe it belongs. Separation 5, At our last meeting, we were advised that staff is considering of the tax amount and a separate tadministrative/enfove rce T nnthe efuture the purpose of being able to modify tion that Baee llot Measure 3 without vote of the people under the afelt that this at th will pass. All those members present at the last meeting the principles approach constitutes a violation of ples behind the Ballot Measure and we wish to note that this is not a Committee recommendation. nto the 6. The penalty section should be The1Commit-tee's.observationdisly fashion by the City's g that the penalty for violation iolnue tionost tshould bearviolationablForeexample la to the amount of penalty of $100 per day for a violation that would have produced $50 for the year, if paid on time, would seem excessive. The Chamber of Commerce appointees and the City appoitees trust that our efforts n prove to be of value to the City. �eRespectfully submitted, - BUSINESS TAX ADVISORY COMMITTEE October 21 , 1982 MEMORANDUM TO: City Council FROM: Frank A. Currie SUBJECT: Killian Vacation of Right-of-Way Because the vacation of the right-of-way for this property (Connies Market) is involved in the negotiations for right-of-way acquisition for SW 72nd Avenue, I would request that the Council hold the public hearing as advertised but defer until November 22, 1982 your decision on whether or not to vacate. E E 6 October 22, 1982 MEMORANDUM TO: MAYOR AND COUNCIL FROM: LINDA SARGENT, ADMI ISTRATIVE ASSISTANT SUBJECT: SIGN CODE ORDINANCE Staff has incorporated changes in the Sign Code to address the concerns raised at the October 18, 1982 Council meeting regarding real estate signs in commercial zones and political signs. (Section 16.12.050(1),(5)) Further, language has been added in Sections 16.12.010 and 16.12.030 to underscore the requirement of obtaining building permits in addition to sign permits to cover the cost of structural inspection. A definition for Design Review has also been added in Section 16.08.095. Action Recommendation Staff recommends that Council move to adopt the Sign Code Ordinance. pm (File 0425A) i _ -. i i' �; j_. r r r,;/,,: �.. .. / - i. j-_'�. �� ��_ - � � r' . S, f I � f � �C�. � �f �l �r f r_. .. , .. J /� / ,. � . j' '` .. , �. L;Z. 1- .. ,. ..- - - CITYOFTIOAMD WASHINGTON COUNTY,OREGON October 4 , 1982 MR. GERALD CROW CROW ENGINEERING COMPANY 9040 S .W. BURNHAM TIGARD, OREGON 97223 Dear Gerry: As you know, the Civic Center purchase was not approved by the voters . We need to wait now and see what happens in November regarding the lz% property tax limit. This will determine the City' s authority to continue to sell bonds and affect our lor ; range financial plans. I would like to hope that we may yet find a way to proceed, perhaps with some sort of private sector financing on a long- term lease. I have asked our Attorney to close his file on the matter for now. Let' s plan to continue our discussions after the November election. As always, thank you for your consideration and cooperation during the negotiations. Hopefully all our efforts will yet succeed. Yours truly, i CITY OF TIGARD R ert W. Jean, City Administrator RWJ : dkr CC : Mayor and City Council C 12755 S.W. ASH P.O. ROX 23397 TIGARD, OREGON 97223 PH:639-4171 i O'DONNELL, SULLIVAN & RAMIS CANBY OFFICE MARK P.O'DON NELL ATTORNEYS AT LAW lel N.GRANT. SUITE 202 .4 RD J.SULLIVAN CANBY.OREGON 97013 ED W BALLOW & WRIGHT BUILDING (5031 266.1149 TIMOTHY RAMIS 1727 N.W. HOYT STREET KENNETH M.ELLIOTT CORINNE C.SHERTON PORTLAND.OREGON 97209 SALEM STEPHEN F.CREW (503) 222.4402 EQUITABLE CENTERENTER TOWER 530 CENTER ST.N.E..SUITE 240 STEVEN L.PFEIFFER PLEASE REPLY TO PORTLAND OL�' J SALEM.OREGON 97301 THOMAS L.MASON �j __. (503) 370-9191 i September 28, 1982 3>iP 2 9 1982 Mr. Bob Jean City Administrator City of Tigard 1 P. O. Box 23397 Tigard, Oregon 97223 i Dear Bob: 1 t Enclosed is Fred Anderson' s letter of September 23 , 1982 . I f believe it would be a mistake for me not to furnish you with i i a copy of his letter. Rather than be criticized by city officials , I would think the t city would like to thank me for saving the $5,000 option fee. You should also note that I have not charged the city for this meaningless and irrelevant correspondence with Mr. Anderson. Sincerely, Mark P. O' Donnell MOD:sw Enclosure i 1 k s r st I I O'DONNELL. SULLIVAN & RAMIS CANDY OFFICC ATTORNEYS AT LAV 181 N GRANT.SUITE 202 MARK P.O'DONNELL CANEIY.OREGON 97013 l EDWARD J.SULLIVAN BALLOW a WRIGHT BUILDING (503) 256.1149 TIMOTHY RAMIS 1727 N.W.HOYT STREET KENNETH M.ELLIOTT PORTLAND,OREGON 97209 SALEMO►Ylcc CORINNE C.SHERTON (503) 222.4402 EQUITABLE CENTER Tow ER STEPHEN F.GREW ___ I�- 530 CENTER ST.N.E.,SUITE 240 STEVEN L.PFEIFFER SALEM.OREGON 97301 THOMAS L.MASON PLEASE REPLY TO PORTLAND O Ie� C,,. (503) 378-9191 September 28 , 1982 $i? 9 1982 Mr. Bob Jean City Administrator City of Tigard P. O. Box 23397 Tigard, Oregon 97223 Dear Bob: Enclosed is Fred Anderson' s letter of September 23 , 1982. I believe it would be a mistake for me not to furnish you with a copy of his letter. Rather than be criticized by city officials , I would think the city would like to thank me for saving the $5,000 option fee. You should also note that I have not charged the city for this meaningless and irrelevant correspondence with Mr. Anderson. i I Sincerely, / -/� �� � Mark P. O'Donnell MOD:sw Enclosure f 1 �I Duplicate Original �. ]FIRST AMENDMENT TO LEASE AGREEMENT THIS AGREEMENT is made this _�_ daY of 1982, between the CITY OF TIGARD, a municipal corporation (Landlord) and CROW ENGINEERING CO. , an Oregon company (Tenant) : I. Existing Lease. The parties hereto have previously entered intola981, lease, which lease is dated the day of • between the City of Tigard, a_ regMxln�onn com any asa-Tenant- .LaThe ord and Crow Engineering Co. , an Oreg P P ad Cro hereto agree that the terms and cconditions of this lease shall continue except as amended hereafter II. Term. er The term of this lease shall commence 2. This isvamonth� 1982, and end at midnight of aotemretains the right to terminate to-month tenancy and dse1written notice. this lease by Y III. Rent. Tenant shall pay to Landlord rent in the amount of 1982 and a like payment on or $525. 00 On or before November 1, er duringthe term of this before the lst of each month therearent stated above, Tenant shall lease. in addition to the monthly ro ert taxes assessed pay to Landlord as additional rent all teal all real property taxes against the premises. Tenant shall pay tion, s when due. Landlord shall designate, at Lan dlortosLandlord orthe the real property taxes shall be paid directlypayment to the Landlord. taxing authority with proof of IN WITNESS WHEREOF, the respective parties yearhave first he executed rein- this instrument in duplicate Dactingis, thebaaauthority of its City above written, the City of Tigard Council. City of Tigard, a municipal corporation Gerald W. Crow By: Mayos i By. Ca.ty Adminlstratox > 1 M E M O R A N D U M TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BOB JEAN, CITY ADMINISTRATOR k9 C�o DATE: OCTOBER 22, 1982 SUBJECT: FISCAL YEAR 1982-83 AUDIT Last year at this time we discussed the possibility of changing auditors or at least calling for Requests for Proposals (RFP) for audit services. I sensed no real dissatisfaction with the Auditors, rather a desire to be assured that the service cost was competitive and perhaps that formal suggestions were made in a Management Letter. I asked Council to defer any change in auditors for at least a year while I got oriented to our system. I am now recommending that we stay with the present auditors for the FY 1982-83 Audit for the following reasons : o Program Category changes from FY 81-82 to FY 82-83 will be more difficult and expensive for a new auditor to start with, than for our present auditors to understand; o Internal control and reporting system changes are now in progress for the next six months and access to an auditor familiar with our systems could be critical ; o Assistance in obtaining the MFOA Certificate will still be needed this fiscal year; maintaining the Certificate once obtained will not be so difficult; o Due to the accelerated LID programs , we currently have a work- load backlog; the changes in internal controls and reporting systems will take most of the next six months; time to orient a new auditor to our systems this year will not be available. o Implementation of the Management Letter suggestions can be more easily and more cheaply achieved with our current auditor ' s assistance than with any new auditor; o The current auditor has provided good service, frequent minor assistant without added charges , and does so at a very competitive charge (see attached) . . . . Continued . . . MEMO -- TO MAYOR AND CITY COUNCIL OCTOBER 22 , 1982 PAGE TWO t It should be obvious to Council from my comments that our Finance Department relies heavily upon the auditors for periodic operational assistance and not just for the preparation of the Annual Audit. This last year we primarily focused on Goals and Organization, with secondary emphasis on Fiscal and Personnel systems. We have already begun to shift our top priority to the Fiscal Systems: 5-Year Financial Plan and Cut-Back Priorities , Fees and Charges Study, Business License Tax, Internal Control and Financial Report- ing Systems, and Purchasing Procedures. The advise, support and technical assistance of our current auditors will be immensely more valuable in this next year than any new auditor could possibly be. For all these reasons, I recommend that we ask our present auditors to submit their proposal for the FY 82-83 Audit, and that, if competitive, we award the contract to Coopers and Lybrand. RWJ : dkr Attachment i c r kE I AUDIT FEE SURVEY 1980-81 1981-82 CITY AUDIT FEE AUDIT FEE TIGARD $ 9 , 500 $11, 500 TUALATIN $13 , 050 LAKE OSWEGO $13 , 935 BEAVERTON $40, 000 FOREST GROVE $ 91900 MILWAUKIE $19,000 OREGON CITY $ 9 , 500 * These cities have not yet been billed for their 1981-82 Audit 1 � DE HAAS & ASSOCIATES, INC. CONSULTING ENGINEERS&SURVEYORS SUITE 445-AGC CENTER WILSONVILLE, OREGON 17070 9450 S.W. C0MMERCE CIRCLE (503) 682-2450 October 20, 1982 Frank A. Currie, P.E. Director of Public Works City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Dear Frank: Re: R/W Taking - Tony Maksym There have been a number of deliberations with respect to right-of-way -taking on the property of Tony Maksym as necessary for the improvement of 72nd Avenue. We wish to outline here-in-after the salient points of deliberation, the evaluations that we understand have been made by staff and council , and our recommendations as to the range of offers that may be proper in negotiating with Tony or proceeding with the condemnation. 1. The initial taking was proposed as generally a 10 foot R/W strip plus an additional 10 foot construction easement. All the 10 foot R/W was necessary and, in fact, two or three feet of the fill would have extended into the construction ease- ment. 2. Although council "eliminated sidewalks, grading for a sidewalk on one side was to be done with the project in order to avoid expensive cut and fill operations for the property owner in the future. 3. Negotiations with respect to R/W takings over the entire project were on-going. In as much as time was of the essence with respect to construction, nearly all property owners gave the City a Permit of Entry to allow construction to proceed. Tony Maksym chose not to give such a Permit of Entry. We worked around Tony's property as long as possible, then condemnation was filed. Tony contested the action, but the courts allowed. 4. Yn order to reduce R/W taking costs, the council directed staff to take only 5 feet of R/W where possible. t Frank N. Currie, P.E. October 20, 1982 Page 2 5. Meeting the 5 foot provision on Tony's property will only be possible if we eliminate the fill for future sidewalk and, in ( addition, construct a suitable retaining wall . 6. We have analyzed, discussed and negotiated with Tony involving many suggestions which might have mitigated his concerns. a. It appears that Tony wishes us to take as little R/W as possible. b. Our appraiser has valued the property at $3.50/ft.2. Tony has -consistantly advised us (and our appraiser) that he can prove comparables at $6.00, $ .00 and more.has We have asked that he provide suchpp c. In as much as Tony has placed great personal value on the five birch trees, we had asked our appraiser to factor in a cost to move them to a place of Tony's choice. However, Tony, in court and otherwise, has argued he does not agree with our landscape architect that they can be moved and seems to feel that any alternate locations would not be acceptable. Both our appraiser and landscape architect advise the trees are not good specimens. The appraiser places a value of not more than $50.00 per tree and suggests that in appraising the property at its Highest and Best Use (Commercial-Professional), the trees could be a liability. The trees are right on the edge of the proposed 5 foot taking E and we would consider them to be a part of the taking. d. The cedar tree at the south end of the property could probably be trimmed for sight clearance at this time, even though it will be close to the roadway as it tapers to Cherry Drive. We fear there could be problems satisfying Tony on the aspects of trimming in addition to possible traffic clearance problems. In order to clear the air once and for all , we propose lengthening the 5 appraisertgivespthe the 10 feet and removing the a value of $150.00. 7. In earlier discussions with Tony, and with the assumption we were approaching agreement on a taking value within general bounds of the appraisal , we had reluctantly agreed to build a send driveway approach, although none existed. As it is obvious Tony is not agreeing to the taking within general bounds of the appraisal and following project policy, we have advised Tony we will provide a curb breakdown for the driveway, but will not build the driveway. Project policy has been to replace r existing driveways in kind. That is, in A.C. if paved, or i 1 ' Frank A. Currie, P.E. October 20, 1982 Page 3 crushed rock if graveled. . Some may have to be paved due to fairly steep grades. Grass only exists where Tony requests f the second driveway. Summary. In light of all the deliberation and direction at this point, we believe the following to be the proper position of the City in approaching Tony and, if agreement is not forthcoming, completing the condemnation. 1. Revise the taking to a 5 foot strip of R/W as shown. 806 ft.2 @ $3.50 = $2,821 . 0 2. Concrete curb .100 ft. @ $2.00 = 200.00 3. Take the five birch trees @ $50.00 = 250.00 4. Take the Cedar tree @ $150.00 = 150.00 $3,42 .0O 5. Construct a staked basalt rock wall at approximately 4 ft. into the 5 ft. strip to retain the fill and alleviate the necessity of purchasing another 5 ft. i 6. Revise the construction easement to that as shown. Costs for the rock wall and additional expense in backfill placement is € estimated at $ 7.00 . The City's cost then, exclusive of L. A. & E costs would be $3,421.00 -plus $ 980.00. We believe this to be a solid figure to work from. E 2DEHAAS, P.E. MJD/sl c i cc: Ident 8 - I s • t t 2" Iron Pipet the N.E. Corner of t W.W. (3i,ahum D.L. C. nlan the) Initla DPoint of the Plat of Additional Right of Way "HERh10SA PARK" O R-L- "Ol Z I Scale: 1"= 50' Y Date: 7 O I U/ / / aD / C) Right of Way Curve Data 90000' / Radius = iS o0 / Arc = 23.6 ± / Tangent = 15.00 PARCEL 1 / 77 Assessment Ident. No. 0 30' f Tax Lot No. 400 / Tax Map No. 2S-1-1DC 20' 20' Owner: Anthony J. Maksym and Y.aralee A. Maksym k. Deed Reference: Book 426, SI W / Page 281 ¢ / Additional Right of Way E / Contains 833 Square Feet O / more or less. / •— N / 1 ^ / _ PARCEL 2 Consfruct;on E45ernF.71' n o '---yam'--'' --moo•-_ ---� 3 / N N (See Plat of Rolling Hills No.2 .n ---cExisting Cente lin / N NS.W. CHERRY DRIVE / i i Centerline of Future 50' Right of Way to Match Existing Centerline of Cherr) Drive to the West. o i .-I o --1 1— S.W. SANDBURG STREET Stone in Monument Box at th( ' Easterly S.E. Corner of.the W.W. Graham D.L.C. ' 0 ®el'IAAS&ASSOCIATES,INC. RIGHT OF WAY AcQuI S I TI ON MAP CONSULTING ENGINEERS 8 SURVEYORS LID No. 21 S-te 1.5-AGC COMM jS03)662.2450 9450 S w C--.,Ce C"Clie R...63e-s.9s CITY O F T I GARDi OREGON woscnnU..0,090.Y70p9 File No. 80.194.118 2" Iron Pipe at the N.E. Corner of t 1 W.W. a►�aham D.L C. alae the Initia Point of the Plat of Additional Right of Way "HERMOSA PARK" t Scale: 1"= 50' >, Date: 0 U C) / Right of Way Curve Data co j Q p ='900 00' ± / Radius = iS.00: / Arc = / Tangent = PARCEL 1 / 30- Assessment 0'Assessment Ident. No. 8 / Tax Lot No. 400 / Tax Map No. 2S-1-1DC 20' L 20' / Owner: Anthony J. Maksym and W / ( Karalee A. Maksym Deed Reference: Book 426, W / Page 281 / Additional Right of Way / Contains 933 Square Feet CR / more or less. / C / 1 ^ / PARCEL 2 3 to j N •CSee Plat of Rollinq Hills No.2 - --�ExiSCing Cente lin / N -S.W. CHERRY DRIVE / i 1 Centerline of Future 50' Right of Way to Match Existing Centerline of Cherr r, / Drive to the West. LO CD z j n S.W. SANDBURG STREET LO Stone in Monument Box at th , � � -, Easterly S.E. Corner of the t , W.W. Graham D.L.C. ®eHAAS&ASSOCIATES, INC- RIGHT OF WAY ACQUISITION MAP CONSULTING ENGINEERS &SURVEYORS LID No. 21 S-le 445-AGC Center (503)442-2450 OREGON 9450 S W.Commerce Cireto Ree.434.4105 CITY O F T I GARD, Wnaanvato.orogen 97070 File No. 80.194.118 o'DONNELL- DATE October 25 , 1982 SULLIVAN & RAMIS ATTORNEYS AT LAW TO TLM 1727 N W. HOYT STREET PORTLAND. OREGON 97209 EJS 1503► 222-4402 FROM RE Tigard v. Maksym We need to amend our complaint in the above matter and to take related actions. The attached letter provides the necessary background. We will take this case to Council Monday night for approval of our proposed action in Executive Session. Please see me on Tuesday morning regarding the results . The proposed action, for which you should prepare the appropriate papers for filing on Tuesday, includes: 1. An amended complaint containing the following revised matters: a. A 5-foot acquisition in lieu of the approximate 10-foot acquisition (see attached maps) ; b. An amended appraisal value offering $4 , 000 , for both the permanent and construction easement. See Marlin DeHaas and Harold Meyer with respect to the details of the breakdown of that figure, if necessary; C . A separate cause regarding the unpaid Bancroft assessment, for which we seek satisfaction. 2. A motion to have the court refund the difference between the funds previously deposited in court, and our present offer. You will need to be careful to assure that we can get the refund under present case law and statutory provisions, that the offer ,All not prejudice the city ' s interests in view of the lesser amount of right-of--way requested (approximately one-half) versus the change in the monetary offer (greater than one-half) , and that we ascertain and minimize any claim to a "temporary taking" by the pendency of this action. Please report to me, in writing , as to what you have done regarding the above in court, once the action is authorized, and what you have found in your research regarding the above. 1 wish to inform the Council about our action on November 15 and to attach your memo in that regard. cc: Bob Jean Marlin DeHaas Harold Meyer 1 BEFORE THE EMPLOYMENT RELATIONS BOARD 2 OF THE STATE OF OREGON 3 CITY OF TIGARD, ) 4 Petitioner, ) Case Nos. C-75-82 & C-76-82 ) 5 V. ) MEMORANDUM OF PETITIONER 6 TIGARD POLICE OFFICERS ) ASSOCIATION, ) 7 ) Respondent. ) 8 9 Petitioner submits this Memorandum for two purposes: 10 1 . To demonstrate by references to the record that, contrary 11 to respondent' s objections, the findings of the Board Agent with 12 respect to the sergeants are supported by substantial evidence; and 13 2. To demonstrate that the dispatchers should be excluded 14 from the bargaining unit. 15 I. STATEMENT OF FACTS 16 Petitioner accepts the facts as recommended by the Beard Agent, 17 except in minor aspects described below. 1$ II . DISPUTED ISSUES 19 A. The Board Agent properly excluded the sergeants from the 20 bargaining unit. 21 The specific objections raised by the respondent are not well 22 taken. This Memorandum will respond to those objections in the 23 order in which they were raised. 24 I. The Board Agent properly concluded that all sergeants 15 should be excluded from ;the bargaining unit. Whether assigned t- 26 patrol or detective duties, the sergeants have summary disciplinary Page 1 - MEMORANDUM OF PETITIONER 0-DONNE LtX2G0 940&XXM'X SULLIVAN & RAMIS Attorneys of Law 1727 N.W.Hoyt Street Portlord,Oregon 97209 (503)222.4402 ME 1 authority and play the principal role in decisions resulting in 2 suspension, discharge and other discipline. The record clearly 3 establishes that these responsibilities are not limited by the 4 specific assignment of the sergeant. Specific references to the 5 record are provided in the discussion of various subject matters 6 below. 7 II. At page 6 , lines 22-25, the testimony supports the 8 finding of the Board Agent that the sergeants have been included 9 in the bargaining unit since approximately 1973 . 10 III . The evidence in the record is overwhelming that 11 sergeants, in fact, have the authority to suspend employees from 12 duty for the reasons indicated by the Board Agent. Rec. at 13 , 13 lines 4-18 ; 33 , lines 2-25; 34 , lines 1-15 . 14 IV. The evidence in the record is quite clear that 15 sergeants, and not the lieutenant, have the primary responsibility 16 for handling internal affairs complaints. The process is correctly 17 described in the findings of the Board Agent based upon the testimony 18 in the record. Rec. at 12, lines 5-25; 13, lines 1-19 ; 35, lines 19 14-25; 36-38 . 20 The record also indicates that a sergeant, having been 21 required to investigate an infraction and recommend disciplinary 22 action, can be placed in a position where he feels a sense of divided 23 loyalty. Rec. at 88 , lines 22-25; 89 , lines 1-10 . 24 V. The record supports the Board Agent' s finding that l25 patrol sergeants do recommend whether disciplinary action is 26 appropriate. Moreover, these recommendations are followed in approxi- Page 2 - MEMORANDUM OF PETITIONER O'DONNELL. N0=CILxD03aX SULLIVAN s RAMIS Attorneys at Law 1727 N.W.Hoyt Street Portland.Oregon 97209 1503)222.4402 t I mately 95% of the cases . Rec. at 13 , lines 14-19 ; 35 , lines 14-17 ; 2 37 , lines 9-13; 38 , lines 13-25; 39 , lines 1-5 . 3 VI. The Board Agent' s finding with respect to the parti- 4 cipation of sergeants on oral interview hiring panels is supported 5 by the record at 43 , lines 2-11 . G VII. Sergeants do, in fact, effectively recommend assignment 7 to crime prevention duties. Rec. at 9 , lines 9-18 ; 22 , lines 7-12; 8 46-47_ 9 VIII. The Board Agent' s findings regarding the percentage of 10 time devoted to supervisory functions is supported by testimony in 11 the record at p. 10, lines 6-7 ; 109 , lines 11-25. 12 IX. Based upon the findings supported by the record, the 13 Board Agent correctly concluded that the sergeants should be excluded 14 from the unit. This decision is in accord with recent precedents . 15 In American Federation of State, County and Municipal Employees, 16 Council 75 v Lane County Sheriff ' s Office (Case No. C-281-79) , 17 sergeants were excluded from the unit. The decision cited facts 18 similar to those in the present case and concluded that the sergeants 19 had "effective input" in the critical areas of discipline, grievance 20 adjustment, rewards and promotions . Similarly, in Ontario Police 21 Officers' Association v City of Ontario, 1 PECBR 663 (1976) , 22 detective sergeants and patrol sergeants were excluded based upon 23 testimony which established that they made effective recommendations 24 with respect to transfers, hiring , discharge and suspension. The If 25 above-referenced testimony in the present case establishes that 26 Tigard' s sergeants have effective input in these decisions. Page 3 - MEMORJDNDUM OF PETITIONER O'DONNELL, 9@5USQ95}q, CF3C, SULLIVAN & RAMIS Attorneys of Law 1 i27 N.W.Hoyt Street Portland,Oregon 97209 15031 222-4402 i 1 The testimony is also clear that sergeants in Tigard are 2 placed in a position of divided loyalty because they must make 3 decisions in areas such as discipline and grievance resolutions. In 4 Coquille Police Officers' Association v. City of Coquille, 5 PECBR 5 4447 (March , 1981) , (ERB excluded sergeants from the bargaining 6' unit, based upon a finding that the employer could reasonably questicn 7 whether a sergeant would feel sufficiently free to act in its interests 8 as opposed to the interests of the bargaining unit. ) In that case, 9 Coquille' s sergeants exercised similar authority as Tigard's 10 sergeants and faced a similar problem of divided loyalty with respect 11 to discipline and employee grievances. 12 X. The Board Agent properly found that sergeants direct 13 the work force and adjust informal grievances. Rec. at pp. 7 , 9 , 14 lines 4-17; 10 , lines 3-14 ; 14 , lines 19-25 ; 15, lines 1-25, 16 , 15 lines 1-9; 46 , lines 12-25; p. 89 , lines 18-25, p. 90 , lines 1-9 . 16 XI . The record clearly establishes that sergeants have 17 effective input in hiring decisions. Rec . at pp. 42-43. 18 XI_I. As previously indicated, sergeants have summary 19 disciplinary authority, including the ability to suspend an employee. 20 They also play the principal role in internal affairs investigations 21 through factual investigation and recommendation as to whether some 22 form of discipline is justified. 23 CONCLUSION 24 Respondent' s objections are not well-founded. The Board Agent :5 has properly based his findings upon the substantial evidence in 26 the record. Respondent's assertions that patrol sergeants are merely Page 4 - MEMORANDUM OF PETITIONER 0'D0NNELQ(RKQf,FGRX3CHK SULLIVAN 6 RAMIS Attorneys of low 1727 N.W.Hoyt Street Portlond.Oregon 97209 (503) 222.4402 { I leadmen are not supported by the record. 2 B. The dis2atcher should be excluded from the bargaining unit. 3 The Board Agent' s decision to continue to include the dispatchers 4 in the bargaining unit is contrary to the general policy established 5 by ERB. In American Federation of State, County and Municipal 6' Employees v. City of Seaside, the decision states: 7 "With Teamsters Local 223 v. City of Central Point, Case No. C-195-79 , 5 PECBR 2756 (1980) , we have exercised a 8 policy favoring the separation of work forces into units of exclusively strikeable and exclusively nonstrikeable 9 employees. The difference in the final methods of dispute resolution for these two groups--strike or interest arbi- 10 tration--is a community of interest factor which strongly favors their separation. " 6 PECBR 4783 (August, 1981) at 11 4786-4787 . 12 In addition to the difference in the method of dispute resolution, 13 there are other significant differences between dispatchers and police i4 officers. Just as in the City of Central Point case, dispatchers do 15 not have a direct community of interest with police officers. There 16 are several striking similarities between that precedent and the 17 present case. In both situations , the work of dispatchers is A8 primarily clerical . Rec . at 73 . In both cases, the pay scale for 19 dispatchers compares most closely to the city' s hiring rates for a 20 clerk-typist rather than for a police patrolman. They are hired 21 primarily on the bas of clerical skills. Rec. at 69 . They work 22 in the office, and not on the street as do police officers. Rec . at 23 71-72. They are not generally subject to the hazards of police work 24 and do not exercise police powers in the protection of the public. 25 Their working conditions are more like those of other office workers . 26 Rec. at 71-72. Page 5 - MEMORANDUM OF PETITIONER O'DONNELL, jXIQ.gQ�S¢}(C}{1 �(t SULLIVAN & RAMIS Attorneys of Caw 1727 N.W.Hoyt Street Portland,Oregon 97209 15031 222-4402 Nava I In all of the above respects, the Tigard dispatchers have 2 similar responsibilities and working conditions as the Central Point 3 dispatchers. The proposed order erroneously asserts that dispatchers 4 are supervised by the same personnel as patrolmen. Responsibility 5 for supervision of dispatchers is in the Records Supervisor. Rec. 6 at 69 . Dispatchers, therefore, do not share the same supervision 7 with patrolmen. 8 SUMMARY 9 The facts of the present case closely parallel earlier 10 precedents which require the application of a policy of excluding 11 dispatchers from the bargaining unit because they do not have a 12 community of interest with police officers . The central difference 13 is the fact that dispatchers may resolve differences by striking . 14 There are other obvious differences which make the position of 15 dispatcher more akin to the City ' s clerk-typist position. 16 Respectfully submitted, 17 O' DONNELL, SULLIVAN & RAMIS 18 19 By: /s/ Timothy V. Ramis Timothy V. Ramis 20 Of Attorneys for Petitioner 21 22 23 24 25 26 Page 6 - MEMORANDUM OF PETITIONER O'DONNEiL. 9CIXACXX(Xri+'aY_ SULLIVAN & RAMIS Attorneys at Low 1727 N.W.Hoyt Street Portland.Oregon 97209 CERTIFICATE OF SERVICE I hereby certify that on October 14 , 1982 , I served a true and correct copy of the foregoing MEMORANDUM OF PETITIONER on Will Atchison, attorney for Respondent, 313 Blagen Block, 34 N. W. First Avenue , Portland, Oregon 97209 by personal service. DATED this 14th day of October , 1982. _ /s/ Timothy V Ramis Timothy V. Ramis Of Attorneys for Petitioner OREGON PUBLIC LIBRARY-STATISTICAL REPORT For the fiscal year*erding June 30, 82 t Co,mplete one copy for the Zibrary fiZe, one for the city counciZ andfor county court or controZZing body, and return one copy by October 30 to the Oregon State Library, SaZem, OR 97310. 1. Tigarld•- 4• Washington (City) (County) 2. Tigard Public Library 5. Irene Ertell (Name of Library) (Name of Librarian) 3. 125681'tW Main Street 6. 639-9511 (Mai Zing Address) (Library TeZephone) 7. Library trustee appointed by County Court ❑ City Council Otl-ar a - MAILING ADDRESS ATE TERM TRUSTEE NAME 1 (IncZude city and ZIP Code) TELEPHONE EXPIRES Richard Bendi.xseu 113350 SW Ash Tigard 97223 639-8367 6-30-83 Vince Matarrese 110060 SW Garrett Ti ard97223 639-3548 6-30-85 i asap Mueller 8950 SW Pinebrook :Ct.Tig9722620-0839 6-30-86 Walter Munhall 14805 SW 103 Tigard 97223 620-6830 6-30-86 4 James Sidey 110215 SW Highland Tig 97223 639-1228 6-30-83 Dorene L. Thomas 13165 SW Ash Tigard 97223 639-0826 6-30-84 Mac?glyn Utz 114880 SW 133 Tigard 97223 639= COLLECTION . Number Number Category Added During Held at End of Fiscal Year Fiscal Year BOOK STOCK 14. Volumes ., 5,017 24,168, 15_ Titles no record kept CURRENT PERIODICAL- SUBSCRIPTIONS 16. Titles 6 93 AUDIOVISUAL AND OTHER NON-PRINT LIBRARY MATERIALS 17. Titles, Sound Recordings _ 60 425 18. Titles, Films and Video Cassettes -- 19. Titles jl^ll Other Non-Print Library Materials _� - 60 CIRCULATION Number, of. Transactions of `Type of Loan. All Library Materials Total No. of Transactions Adult Juvenile Materials Materials 20. DIRECT CIRCULATION 81,733 27,908 109,641 21 . EXTENSION CIRCULATION INTERLIBRARY LOAN 285 sngtraceptentry 285 22. Loaned to Other Libraries _ 236 ! �� 236 23. Borrowed from State Library _ 24. Borrowed from Other Libraries 876 " 876 1 112 1,112 TOTAL Interlibrary Loan-Borrowed � __ FINANCIAL STATEMENT (Round to nearest doZ-1ar) OPERATING RECEIPTS OPERATION EXPENDITURES Personal Services 26. Operating fund balance $ 0 38. Salaries $ 84,635 Library Materials 27. City funds $58,899 39_ Books $ 23,122 28. County funds $ 74,510 40. Periodicals 29. Other local funds 41. Audiovisual & Other Non-print Materials $ 4':398 42. TOTAL (Items 39 - 41) 30. State Aid Grants $ 2,59.1-..., per,capita) -31 . Federal funds (LSCA)$ Other Operating Expenditures 32. Revenue Sharing $ -33. Other federal funds 43. Library equipment $ 441 (Specify) $ 44. Plant Operating & not incl. in Maintenance $_ library budget 45. All Other Operating Expenses $ 23,419 34. Gifts & .Donations $ 185 46. TOTAL (Items 43 - 45) $ 23;860 35. Other Operating 356 (lost books) Receipts 47. TOTAL OPERATING EXPENC`t..TURES $135,027 TOTAL (Items 27 - 351 $ 136,541 (Items 38, 42, 46) .37. TOTAL OPERATING RECEIPTS $ 136,541 48. Unexpended Balance $ 1,514 (Items 26, 36) CAPITAL RECEIPTS CAPITAL EXPENDITURE5_ 49. Local Funds $ 54. New buildings, add. 50. Federal funds $ & remodeling $55. Equip. for new &/or 51. Revenue Sharing $ expanded buildings $ 52. Other Capital - 56. Other capital ex- Receipts $ penditures (Specify) $ $ 53. TOTAL CAPITAL RECEIPTS $_ 0 57. TOTAL CAPITAL EXPENDITURES $ 0 (Items 49 - 52) (Items 54 - 56) 58. TOTAL RECEIPTS $ 138',541 59. TOTAL EXPENDITURES $135,027 = (Items 37, 53) (Items 47, 57) L If fines, rental fees , etc. are turned in to appropriating body, state amount collected here, but omit from Item 35. $ 348 Approved budget for coming fiscal year $ 154,290* *includes state- aid PROFESSIONAL STAFF PRESENTLY EMPLOYED (List full-time employes only) *List staff, giving name, working title, and hours worked per week of reporting year. Limit list to following working titles: Librarian, Assistant Librarian, Department Head, Librarian. 3, Librarian 2, Librarian 1 , Community Librarian. NAME WORKING TITLE HOURS PER WEEK Irene Ertel.l City Librarian 40 George Anne Clingan Assistant Librarian 40 John Henshell Associate Librarian 40 t r *List only professional librarians and those doing professional type work. Date _ k Signature of President of the Board `e Signature of Lz75rarian 543 AB 101 8-87 LIBRARY STAFF REPORT EMPLOYES IN FILLED POSITIONS JUNE 30, 82 PLANT OPERATION AND MAINTENANCE STAFF (exclude LIBRARIANS E TECHNICAL, CLER- staff provided LINE TOTAL STAFF OTHER PROFES- ICAL AND OTHER by contract or NO. SIONAL STAFF STAFF local govern- ment) (a) (b) (c) (d) FULL-TIME EMPLOYES 1 5 3 2 -- PART-TIME . 2 2 EMPLOYES 2 FULL-TIME EQUIVALENT OF PART-TIME EMPLOYES .SHOWN 'ON LINE 2* 3 .7 .7 TOTAL FULL-TIME 6 PART-TIME EMPLOYES IN FULL-TIME EQUIVA- LENTS (L. 1 + L. 3)- 4 5.7 3 2.7 Federal Employment No. Em s. 5 P ram Personnel FTE 6 e Show to one decimal place. 7. Number of volunteers 16 Total volunteer hours 1610 8. Number of hours in full-time wo;* week for your library 5.6 LIBRARY SALARY SCHEDULE EFFECTIVE FOR COMING FISCAL YEAR CLASS TITLE SALARY RANGE OR FIXED AMOUNT Library Director $2,048 - 2490 Assistant Librarian 1,426 - 1735 Associate Librarian x4iea& 1,235 - 1504 Librarian 3 Librarian 2 r_ Librarian 1 i Community Librarian See back of form for instructions. LIGAN PUBLIC LIBRARY Name of Library PROGRESS REPORT July 1 , 1981 - ,lune 30, 1982 Please report special developments in any area of your operation such as increased or extended services, cooperation with other libraries, personnel , financial support, policies, or awards. 1. A noticeable increase in circulation began early in the FY, ending with a total gain of 11% over the previous year. 2. Beginning March 1, George Anne Clingan, Assistant Librarian, and John Henshell, Children's Librarian, were made full time. These increases were made possible by the state aid grant monies received in FY 81-82. 'though funding was assured through June 30 only, this brought the FTE up to an all time high of 6.25 and it was planned to accomplish some short term goals directed toward "catch up" projects. In April, during a lay-off/reorganization in the city, a library assistant was lost and John He;�shell was promoted to Associate Librarian, expanding his duties to include all programming for the library and additional administrative duties. George Anne Clingan assumed primary responsibility for circula- tion activities. 3. In June, the City of Tigard placed a civic center bond measure before r the votes for $4.6 million. The library was planned as a free-standing facility of 18,000 sq. ft. The measure was overwhelmingly defeated. 4. Tigard Public Library began in January 1982 to charge out-of-county patrons $10 for a usei card. Exceptions are Clackamas County with whom we have reciprocal borrowing privileges, students in Tigard schools (mostly private) and persons working in Tigard. 103 543 /8 AD 0 6 RAN J M E M O R A N D U M TO: MAYOR, CITY COUNCIL AND DEPARTMENT HEADS FROM: BOB JEAN, CITY ADMINISTRATOR DATE: OCTOBER 18 , 1982 v SUBJECT: COUNCIL AGENDAS AND DELEGATION OF AUTHORITY Items come before the City Council for a variety of reasons : State Law, City Code, Council request, Department preference, past practice and for courtesy reasons. Items also come to the City Council because the Council is acting in an additional capacity other than just as Council : T.U.R.A. , a Public Contracts Review Board, or review of administrative matters or complaints . If we are to effectively limit the length of Council meetings without limiting time for discussion and citizen input, then we have essentially twD options: 1. ) more meetings, or 2 . ) dele- gation. _Attached are the agendas from the last six months . Please read through them and mark an (x) through those you feel ought to generally not be on Council agendas, or a (?) on those which are questionable. Please return them to me with your name and markings on or before the November 1, 1982, meeting. I ' ll then come back to Council with recommended Code or process changes for Council action. RWJ : dkr Attachments /f MEMO TO: MAYOR & COUNCIL FROM: CITY RECORDER RE: NOVEMBER 2, 1982 ELECTION CANDIDATES REPORT OF CONTRIBUTIONS & EXPENDITURES The question has been raised if a "write in" candidate must comply with State Statutes regarding filing of Expenditure and Contribution Reports. Initial information from Vickie Erwin, Washington County Election Officer indicated they did not have to file. However, upon re-checking with the Secretary of State's office, we have been informed that a report is required. The City of Tigard's "write in" candidate has b-en so informed of the requirements.