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City Council Packet - 03/12/1984
ME - x TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an n REGULAR MEETING AGENDA agenda item naeds to sign on the appropriate sign-u sheet(s). If no sheet is available, C* 4 ",ARCH 12, 1984, 7x30 P.M. p ask to be recognized by the Chair at the start Cd v, E FOWLER JUNIOR HIGH x.14 of that agenda item. Visitor's agenda items are E + 10865 SW WALNUT asked to be kept set for a future Agenda by con- to 2 minutes or less; 'longer v TIGARD, OREGON 97223 matters can be tacting either the Mayor or City Admxnrstrator. , 7:30 1, REGULAR MEETING: 1.1 Call To Order and Roll 'Call 1.2 Pledge of Allegiance f and Council For Non-Agenda Items 1.3 Call To Staf k 7.35 2. VISITOR'S AGENDA (2 Minutes or Less, Please) 7:40 3. ORDINANCE NO. 84-06 'TMC AMENDMENT REGARDING CITY OFFICERS p Second Reading of Ordinance a! 7.45 4, ORDINANCE N0. $4 ADOPTING FINDINGS RE: ICRUEGER CPA 18-83 r' `p '. Planning Staff 7:50 5. ORDINANCE NO. 84 ADOPTING FINDINGS RE: ZUA 1-84, 2-84, 3-84 (QUASI-JUDICIAL, TRANSCRIPT, AND CONDITIONAL USE STANDARDSAMENDMENTS) 0 Planning Staff �i_ir�5 6ADOPTING CODE AMENDMENT FOR LID PROCESS i . . ORDINANCE NO. 84- o Legal Counsel t 1 RECESS COUNCIL MEETING 8:00 7. TURA MEETING 7,1 Call To Order & Roll Call 7.2 83/84 Budget Adjustments Resolution No. 8 >-OLT 7,3 Other Business 7.4 Adjournment RECONVENE COUNCIL MEETING k 8:05 8. FINANCE/BUDGET ISSUES 8.1 Petty Cash Ordinance No. $4- 8,2 City Administrator Vehicle Replacement Report 8.3 6-Month Financial Report & 83/84 Budget Adjustment o Resolution No. 84- - Special Assessments o Resolution No. 84- _ Operating Funds 8.4 Motion to Accept Budget Committee's 1984-85 Recommendation 8;5 Fees & Charges Amendments o Ordinance No. 84- OLCC Application Review Fees _ o Ordinance No. 84-_ - Street SDC Code Amendment For Charges Park SDC Code Amendment For Charges o Ordinance No. 84- Storm Drainage SDC Adoption o "Ordinance No. 84- _ Police Service Fees o Resolution No. 84- o Resolution No. 84- Planimetric Map Sale Charges o Resolution No. 84- - planning Dept. Processing Fees 8.6_ Tax Base Election Resolution No. 84- 0 Finance Director 30 9. BUILDING HEIGHT LIMIT REPORT (Mrs. Clinton's Request For Review of UBC/TMC)'- o Planning Staff 8:45 10. DARTMOUTH STREET LID PUBLIC HEARING o Public Hearing Opened o Summation by Director of ,Public Works o Public Testimony: Proponents, Opponents, CrossExamination a Recommendation of Director of _Public Works o Public Hearing Closed o Council Consideration/Direction to Staff 10: 15 11. CONSENT AGENDA: These items are considered to be routine and may be enacted `in one motion without separate discussion. Anyone may request that an -item be removed by motion for discussion and separate action. Motion to: 11.1 Approve OLCC Applications & Renewals & authorize Mayor to sign. 11.2 Approve Resolution No. 84-15 -' 1974 `Bike Plan Amendment 11.3 Approve Resolution No. 84-16 Finance Director Relocation Deadline Extension 11.4 Receive and File: Affirmative Action Report Residential Care Facilities Report 130th/135th Washington County LID Feasibility Report Bonita Road Report ` Canterbury Road Report Maksym Condemnation Report 72nd Avenue Agreements to Indemnify Ii.S Approve' Resolution No. 84-17 Accepting Park 21.7 Improvements, Release Existing Maintenance Bond & Accept Sidewalk Bond 11.6 Approve Resolution No. 84-18 - Stating Council's Opposition To HR 4103 Re: Cable TV Legislation Presentl; Before Congress 11.7 Approve UPAA Resolution No. 84-19 11.8 Approve, As Local Contract Review Board, The Soliciting Of Quotes For Extension of Property Insurance Renewal Dates 11.9 Approve Council Minutes -February 27, 1984 17.10 Approve Resolution No. 84-20 Calling for Mayor and Council Position No. 2 Election - 5/15/84 11.11 Approve Appointment To Economic Development Committee - Resolution No. 84-21 10:20 ' 12. NON-AGENDA ITEMS: From Council and Staff 10:30 13. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1)(d) to discuss labor relations issues. 11:00 14. ADJOURNMENT COUNCIL AGENDA - MARCH 12, 1984 - PAG 2 7 + T I G A R D C I T Y C O U N C I L REGULAR MEETING MINUTES - MARCH 12, 1984, 1984 - 7:30 P.M. 1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilors: Torn Brian, John Cook, Kenneth Scheckla, and Ima 'Scott; City Staff: Frank Currie, Director of Public Works; Bob Jean, City Administrator; Bill Monahan, Director of Planning & Development; Tim Ramis (arriving at 10:00 P.M.), Adrianne Brockman, and Steve Crew, Legal 'Counsel; and Loreen Wilson, Deputy City Recorder. 2. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS a. City Administrator stated there were new handouts for agenda items 10 & 11.4. Also ' he noted that Councilor Scheckla .had %requested that items '11.3 and 11.4 be pulledfrom Consent Agenda for further discussion. He also reminded Council of the Washington County Public Officials Caucus meeting Thursday evening at King City. Item #' 13, =Executive Session, will not be for labor relations but under ORS 192.660 (1)(h) for consideration of 'pending litigation. 3. VISITOR'S AGENDA (2 Minutes or Less, Please) a. Lee Cunningham, owner of property at 12528 SW Scholls Ferry Road, requested Council' waive fee' and filing` requirements for a CPA review by the City for his property. He noted that he was never k advised of a change in 'the-Plan on his 'property since he was out of town and he requested that it be 'returned to the previous designation of C-P. b. Director of Planning & Development supported the request and stated Planning Commission could hear this item on 4/9/84. C. Motion by Councilor Brian, seconded by Councilor Cook to allow the application for a CPA with a waiver of the fee and time frame. Approved by unanimous vote of Council present. 4. ORDINANCE NO. 84-06 AN ORDINANCE AMENDING TMC SECTION 2.04.020, CITY ADMINISTRATOR, AND SECTION 2.16.020, MUNICIPAL COURT JUDGE, ADDING PROVISIONS FOR THE APPOINTMENT AND REMOVAL OF THE CITY ATTORNEY AND THE RECORDER IN THE TIGARD MUNICIPAL CODE AND DECLARING AN EMERGENCY. a. Motion by Councilor Cook, seconded by Councilor Brian to adopt. Approved by 3-2 majority vote of Council present. Councilors Scheckla and Scott voting nay. 5. ORDINANCE NO. 84-08 AN ORDINANCE ADOPTING FINDINGS AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A COMPREHENSIVE PLAN MAP A14END14ENT AND ZONING DISTRICT MAP AMENDMENT (GPA 18•-83 AND ZC 14-84 KRUEGER) A14D DECLARING AN EMERGENCY �. a. Motion by Councilor Cook, seconded by Councilor Scheckla to adopt. Approved by unanimous vote of Council present. 6. ORDINANCE NO. 84-09 AN ORDINANCE AMENDING SECTIONS 18.32.090 APPROVAL AUTHORITY RESPONSIBILITIES, 18.32.330 'TRANSCRIPTS AND 18.130 CONDITIONAL USES OF THE TIGARD COMMUNITY DEVELOPMENT CODE; AND DECLARING AN: EMERGENCY. a. Motion by Councilor Cook, seconded by Councilor Scott to adopt. i Approved by unanimous vote of Council present. 7. ORDINANCE NO. 84-10 AN ORDINANCE AMENDING THE DEFINITION OF LOCAL` IMPROVEMENT, PROVIDING FOR THE DEFINITION OF A' LOCAL IMPROVEMENT AND SETTING FORTH THE COSTS AND EXPENSES WHICH MAY BE ASSESSED 'AGAINST PROPERTY AND'DECLARING AN EMERGENCY. a. Motion by Councilor Cook, seconded by Councilor Scott to adopt. t ' Approved by unanimous vote of Council present. RECESS COUNCIL MEETING: 7:55 P.M. i t g. TURA BUSINESS MEETING 8.1 ROLL CALL: Present: Agency .Members: Wilbur .Bishop, ' Tom Brian, i John Cook, Kenneth Scheckla, and Ima Scott; City Staff: Frank Currie, Director of Public Works; Bob Jean, City Administrator; Bill Monahan, Director of Planning & Development; Steve Crew, Legal Counsel; and Loreen Wilson, Deputy City Recorder. 8.2 RESOLUTION NO. 84-OIT -A RESOLUTION ADJUSTING THE TIGARD -URBAN 4 RENEWAL AGENCY FISCAL YEAR 1983-84 BUDGET AND RECOGNIZING REVENUE. Motion by Agency member Brian, seconded by Agency member Cook, to approve. Approved by unanimous vote of Agency members present. 8.3 ACCEPTANCE OF BUDGET COMMITTEE'S 1983-84 BUDGET RECOMMENDATION Motion by Agency member Cook, seconded by Agency member Brian to accept. Approved by unanimous vote of Agency members present. 8.4 ADJOURNMENT: 8:03 P.M. RECONVENE COUNCIL MEETING: 8:03 P.M. 9. ORDINANCE NO. 84-11 AN ORDINANCE AMENDING SECTION 3.04.010 (3) OF THE TIGARD MUNICIPAL CODE. Page 2 - COUNCIL MINUTES - MARCH 12, 1984 a. Motion by Councilor Brian, seconded by Councilor Scott to adopt. Approved by unanimous vote of Council present. 10. CITY ADMINISTRATOR VEHICLE REPLACEMENT REPORT a. After discussion regarding which option to accept for replacing the burned administrative vehicle, Councilor Scott moved to table the item for more information on insurance. .'Motion seconded by Councilor Scheckla. Motion ' failed by a 2-3 majority vote of Council present. Councilors Brian and Cook and Mayor Bishop voting nay. b. Motion ;by Councilor Cook, seconded by Councilor Brian, to appropriate up to $8,000 from Contingency to buy a low-mileage mid-size newer model used car and that the car be a fuel efficient model. Motion passed by 'a 3 2 majority vote of Council present. Councilors Scott and Scheckla voting nay. ' 11. RESOLUTION NO. 84-15A A RESOLUTION ADJUSTING THE SPECIAL ASSESSMENT/DEBT SERVICE FISCAL YEAR 1983-84 BUDGET. a. Motion by Councilor Brian, seconded by Councilor Scheckla to # approve Approved by unanimous vote of Council present. 12. RESOLUTION NO. 84-16 A RESOLUTION ADJUSTING THE FISCAL YEAR 1983-84 BUDGET, RECOGNIZING REVENUE, TRANSFERRING FUNDS AND APPROPRIATING CONTINGENCY. a_ Motion by Councilor Cook, &econded by Councilor Brian to approve. Approved by unanimous vote of Council present. 13. ACCEPTANCE OF BUDGET COMMITTEE'S 1984-85 RECOMMENDATION a. Motion by Councilor Cook, seconded by Councilor Brian to accept the Budget Committee's 1984-85 recommendation. Approved by unanimous vote of Council present. 14. ORDINANCE NO. 84-12 AN ORDINANCE OF THE TIGARD CITY COUNCIL. AMENDING ORDINANCE NO. 78-25, LIQUOR LICENSE PROCEDURES AND FEES; AND PRESCRIBING NEW FEES AND CHARGES. a. Motion by Councilor Brian,seconded by Councilor Scott, to adopt. Approved by unanimous vote of Council present. Page 3 COUNCIL MINUTES MARCH 12, 1.984 � . 15. ORDINANCE NO. 84-13AN 'ORDINANCE OF THE TIGARD CITY COUNCIL AMENDING SECTION 3.20.030 OF THE TIGARD MUNICIPAL CODE, STREET SYSTEM DEVELOPMENT CHARGES -- TRAFFIC CONTROL; AND PRESCRIBING NEW RATES OF CHARGES. a. Motion by Councilor Cook, seconded by Councilor Scott to adopt. Approved by unanimous vote of Council present. lb. ORDINANCE N0. 84-14 AN ORDINANCE OF THE TIGARD CITY COUNCIL AMENDING SECTION :3.16.030 OF THE TIGARD MUNICIPAL CODE RELATING TO SYSTEM DEVELOPMENT CHARGES -- RECREATION FACILITIES; AND PRESCRIBING NEW RATES OF CHARGES. a. Motion by Councilor Brian, seconded by Councilor Scheckla to adopt. Approved by unanimous vote of Council present. 17. ORDINANCE NO. 84-15 AN ORDINANCE ESTABLISHING THE SYSTEM DEVELOPMENT CHARGES TO OFFSET CAPITAL AND MAJOR MAINTENANCE COSTS IN PROVIDING STORM DRAINAGE IMPROVEMENTS, NECESSITATED BY IMPACTS 'OF INCREASED STORM WATER RUNOFF FROM NEW DEVELOPMENT; REQUIRING THE CITY OF TIGARD TO COLLECT ;SUCH DEVELOPMENT' CHARGES; AND PROVIDING FOR THE DEPOSIT OF COLLECTED CHARGES IN THE STORM DRAINAGE SPECIAL REVENUE FUND. a. Motion by Councilor Cook, seconded by Councilor Scott, to adopt.' Approved by unanimous vote of Council present. 18. RESOLUTION NO. 84-17A A RESOLUTION OF THE TIGARD CITY COUNCIL PRESCRIBING NEW FEES AND CHARGES FOR SPECIFIC POLICE SERVICES. a. Motion by Councilor Brian, seconded by Councilor Cook, to accept. Approved by unanimous vote of Council present. 19. RESOLUTION N0. '84-18A A RESOLUTION OF THE TIGARD CITY COUNCIL PRESCRIBING NEW FEES FOR THE SALE OF PLANIMETRIC MAPS AND REPEALING RESOLUTION NO. 75-3. a. Motion by Councilor Cook, seconded by Councilor Scott to approve. Approved by unanimous vote of Council present. 20. RESOLUTION NO. 84-19A A RESOLUTION OF THE TIGARD CITY COUNCIL PRESCRIBING NEW PLANNING FEES AND CHARGES AND REPEALING RESOLUTION NO. 82-125, a. _Motion by Councilor Cook, seconded by Councilor Scott to approve. Approved by unanimous vote of Council present. :.Page 4 - COUNCIL MINUTES - MARCH. 12, 1984 4 21. RESOLUTION NO. 84-20 A RESOLUTION OF THE TIGARD CITY COUNCIL CALLING FOR A SPECIAL ELECTION TO BE HELD ON MAY 15, 1984, IN CONJUNCTION WITH THE STATE-WIDE PRIMARY' ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE: REGISTERED QUALIFIED VOTERS OF THE CITY OF 'TIGARD: THE';QUESTION OF ESTABLISHING A NEW TAX BASE FOR THE CITY. a. Motion by; Councilor Cook, seconded by Councilor Brian to approve. b. Councilor Scheckla stated he felt the Budget Committee should have cut more than $100,000 from the Staff's requested budget and thus could not support the tax base request. C. Councilor Brian expressed his concern that the Budget Committee had cut all they felt could be cut and still be able to respond to the citizen's needs. He stated' the Budget Committee did not plan to go back to the voters' if the measure ':does not pass in May. Councilor Brian also noted some of the areas where cuts would be made if the tax base fails at the polls. d. Mayor Bishop stated this was one of the most efficiently run and best presented budgets in his time with the City. He praised staff's recommendations noting that they were presented in keeping with Budget Committee's request for service Levels II and III. Mayor Bishop went on to compliment the Budget Committee for their hours of work. e. Motion to approve Resolution No. 84-20A approved by 3-2 majority vote of Council present. Councilors'Scheckla and Scottvoting_nay. 22. BUILDING HEIGHT LIMIT REPORT (MTs. Clinton's Request For Review of UBC/TMC) a. Director of Planning & Development gave history report on issue and stated that the City has met the requirements in the UBC and TMC for inspections and requirements on the builder. He stated that the height of the solar glass wall/windows was over the 15 feet limit in the code and that was the issue to be resolved. b. Mrs. Mary Clinton, 9865 SW View Court, distributed pictures and memo setting out tier concerns. She felt the City inspectors did not know the code and had not enforced the code. She was concerned with the loss of her view, the loss of privacy, the height of the building being over code and the windows being over height restrictions. She also stated the home that is being built has lowered the saleability of her home. Mrs. Clinton presented a petition to the Council from surrounding property owners stating their belief that the home being constructed at 14185 SW 98th Avenue is in violation of the code's intent and that the building is in sever conflict with the established character of the neighborhood. o Reg Justus, 14270 SW 100th, appealed to the Council to bring the house into conformance with the code. o Mr. Robert C. Lamb, 9735 SW McDonald, requested Council give every possible consideration to Mrs. Clinton's concerns. Page 5 - COUNCIL MINUTES - MARCH 12, 1984 .._, Y M- 1 - o Mr. Robert Steen, 14130 SW 100th, stated the house being; constructed does not fit with the surrounding styles of homes and } wished Council action. o Don Feller, 9875 SW View Terrace, spoke in support of the code, noting that the City staff has misinterpreted the code for building and window height. o Phyllis Greer, 9845 547 View Court, stated the new development is not consistent with the surrounding neighborhood and requested the Council, work with the citizens to come to a satisfactory decision on the issues. o Phil Pasteris, NPO #6 Chairman, presented Council with concerns of the NPO regarding the building. NPO #6 feels that an examination of .building height limitations may be in order and suggests that height limitations dealing with flag lots be made more restrictive. The NPO also felt that the solar access windows were over height and should be changed in the specific house in question.' C. Director of Planning & Development responded to the allegations in Mrs. Clinton's presentation and advised Council that the window height issue could be addres3ed' in one of two ways: 1. require 'trees be planted to mitigate direct view; or 2, the windows be altered so that they are not more than 15 feet above grade. d. Lengthy discussion followed. Motion by Councilor Brian, seconded by Councilor Cook to require owner/builder no more than 15 feet from the grade on the height of the solar assist windows or that screening be planted to mitigate direct view. Approved by unanimous vote of Council present. e. Council consensus was that the Planning Commission look at the issues that NPO #6 addressed in the near future. RECESS: 10:05 P.M. RECONVENE: 10:26 P.M. I 23. APPROVE OLCC APPLICATIONS & RENEWALS ` o Pietro's Gold Coast Pizza Parlor, 13405 SW Pacific Hwy., Tigard,` Or, R application and RMB application o Gaffer's Prime Rib & Seafood Restaurant, 206 Tigard Plaza, Tigard,. Or, DA application and new partner application o Tigard Bowl, 11660 SW Pacific Hwy., Tigard, Or, RMB application o Zoop's Food Warehouse, 12230 SW Main Street, Tigard, Or, PS application o Godfather's Pizza, 12286 SW Scholls Ferry Rd., Tigard, Or, R application o Savory Sandwich, 242 Tigard Plaza, Tigard, Or, R application Page 6 COUNCIL MINUTES - MARCH 12, 1984 a. Motion by Councilor Brian, seconded by Councilor Scheckla to approve and authorize the Mayor to sign. Approved by unanimous vote of Council present. e ' 24. RESOLUTION NO. 84-15B RESOLUTION OF THE TIGARD CITY COLT^, IL REVISING THE t TIGARD AREA COMPREHENSIVEPEDESTRIAN/BICYCLE PATHWAY PLAN. a. Motion by Councilor Brian,' seconded by Councilor Scheckla to approve. ' ` Approved by unanimous vote of Council present. ; 25. APPROVE RESOLUTION - FINANCE DIRECTOR RELOCATION DEADLINE'EXTENSION �. a. Motion by Councilor Brian, seconded by Councilor Scheckla to table stem to the 3/26/84 Council'meeting. e E Approved by unanimous vote of Council presen�. 1 26. RECEIVE1AND FILE: A�Efirmative Action Report Rosidential Care Facilities Report 130th/135th Washington County LID Feasibility Report finita Road Report Canterbury Road Report w. Maksym Condemnation Report 74nd.Avenue Agreements to Indemnify I � Scheckla a. Motion by Councilor Brian, seconded by Councilor ckla e approve all but Residential Care Facilities Report which is to be be tabled for further consideration at the 3/26/84 Council meeting. Approved by unanimous vote of Council present. 27. RESOLUTION NO. 84-17B A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS ' CONSTRUCTED WITHIN CROW s' PARK 217 SUBDIVISION. a. Motion by Councilor Brian, seconded by _ Councilor Scheckla to accept. Approved by unanimous vote of Council present. a* , L " UTION OF THE TIGARD CITY COUNCIL STATING 28. RESOLUTION NO. 84-18B. A RES ITS OPPOSITION TO HR 4103 DEALING WITH CABLE POLICIES. : a. Motion by Councilor Brian, seconded by Councilor Scheckla to accept. Approved by unanimous vote of Council present. Page- 7 - COUNCIL MINUTES MARCH. 12, 1984 29. RESOLUTION NO. 84-19B A RESOLUTION SUGGESTING A NEW URBAN PLANNING AREA AGREEMENT WITH WASHINGTON COUNTY. a. Motion by Councilor Brian, seconded by Councilor Scheckla to accept. Approved by unanimous vote of Council present. 30. APPROVE, AS LOCAL CONTRACT REVIEW BOARD, THE SOLICITING OF QUOTES FOR EXTENSION OF PROPERTY INSURANCE RENEWAL DATES a. Motion by Councilor Brian, seconded by Councilor Scheckla to accept as the Local Contract Review Board. Approved by unanimous vote of Council,present. E 31. APPROVE COUNCIL MINUTES - February 27, 1984- a. Motion by Councilor Brian, seconded by Councilor Scheckla to accept. } Approved by unanimous vote of Council present. 32. RESOLUTION NO. 84-20B A RESOLUTION OF THE TIGARD CITY COUNCIL CALLING `A SPECIAL ELECTION TO BE HELD ON MAY 15, 1984, IN CONJUNCTION WITH THE STATE-WIDE PRIMARY ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED QUALIFIED VOTERS OF THE CITY OF TIGARD NAMES OF CANDIDATES FOR THE POSITIONS OF MAYOR AND 'COUNCIL POSITION #2. a> City Administrator stated the resolution needed to be amended to delete the name "Frank" from appearing on the ballot for "Francis J. Tepedino" since the name "Frank" did not appear on the petition. b. Motion by Councilor Brian, seconded by Councilor Scheckla to approve as amended. Approved by unanimous vote of Council present. 33. APPROVE APPOINTMENT TO ECONOMIC DEVELOPMENT COMMITTEE a. Motion by Councilor Brian, seconded by Councilor Scheckla to table this item until the 3/26/84 Council meeting. Approved by unanimous vote of Council present. 34. DARTMOUTH STREET LID PUBLIC HEARING a, Public Hearing Opened b. Director of Public Works requested the Project Engineer, R. A. Wright, present the summation of the project. Page 8 COUNCIL MINUTES MARCH 12, 1984 ol, AR Mr. Robert Wright, Project Engineer, gave -quick overview of the `r scope of the proposal noting the alignment of the proposed improvement and assessment formula suggestions. He stated that 70.7% of the properties have indicated' they support the proposal and 29.3% have indicated they do not ;support this proposal. ` Mr. Wright continued" by describing the suggestions and contacts he has had with each property owner to try and outline for Council the property owners' positions. C. Due to the lateness of the hour 'consensus of Council was to close the `meeting and consider ;the public : testimony ,at the 3/26/84 meeting. d. John Alexander, property owner in the proposed LID area, expressed his displeasure with the set over of the public hearing and stated he would not appear again. e. City Administrator stated this item would .be placed early on the agenda of the 3/26/84 meeting per Council suggestion. 35. ADJOURNMENT: 11:13 P.M. c Leputy City Recorder - City of Tigard ATTEST: Mayor - City of Tigard (lw/1325A) Page 9 COUNCIL MINUTES - MARCH 12., 1984 TIMES PUBLISHING COMPANY Lags' 7-6354 P.O.BOX 370 PHONE(503)684.0360 Notice BEAVERTON,OREGON 97075 f Legal Notice; Advertising RECEIVED n, P ❑ Tearsheet Notice t � 4 City of Tigard �5�� hoc ® PO.-Box: 23397 a ❑ Duplicate Affidavit Tigard, OR 97223 AFFIDAVIT OF PUBLICATION STATE OF OREGON, } COUNTY OF WASHINGTON, }ss. I, Susan Pinkley being first duly sEiorn, depose and say that I am the Advertising Director, or his principal clerk,of the Tigard:T;mPc a newspaper of general circulation as defined in`ORS'193.010 and 193.020; published at Tigard -in the aforesaid county and state;that the Selected.Agenda` Items ° a printed copy of which is hereto annexed,was published in the entire issue of said newspaper for' 1 ' successive and consecutive in the following issues: March 8, 1984 Subscribed and s to before me this a ch 1984 Notary Public for Oregon Nay Lor€mission Expires: 3/16/87 AFFIDAVIT � T a. M t fat air N' PIO (y $y� � y5€�iKg � S'f�`, `Qry�.�k � _ � -i�II��}��41➢Zy��+`:L� F i S '"' .Yr, yyI s" g�'�.,Y�Li .+�}fl FENS g!" 11111 a Y'. ._ .. ., ME WIN AGENDA ITEM # 2 - VISITOROS AGENDA DATE MARCH 12. 1984 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you .on other ,issues not on the agenda, but time may require that we schedule your items for a 'future agenda. Please contact the City Administrator as to agenda scheduling. Thank you. NAME, ADDRESS & AFFILIATION ITEM DESCRIPTION its .�sv .s�,r5..,.....,:« �s..._. : ...,.,�r. .v=...._�_.. :•.a � n -.. ,«a.H i ::-_. .z�_:.s.� :..•_ ., .-..:_... � X g . X07- • � � Ott ® + i cY � x � r �� �.,...�,�.,.. _. .y. e a ,.:+s•.-�:�Via.�,n �. -. ..�'°' .,.. LM .,- .;�,x`"-'ac..� '-.�, S' $�'�«ti ��'- r�+� g,,, .r.��.".�,,.,�.k�r `"sz?'t� '��h r"�r..k tu; �s..��,�e^$a'-_..a^" .�r.,. ,'d3g,..-r� a"-�' :' t., r €Y-9A.-'a <.�..,.� r' 4 a „_....' •t,. ;.a .e � �;.na.� N."�.." ,�.. =� 5�..,�:t 3 4.:. '- .,,7: i•Lrr�� �.:_"a '�,;�w., �.,, "�se� ••sb�'��f'``-`.�, r �.''Ea^ Ty`^43.0 �'..�. r `��x .F,4c* "��� .,�� DATE 14ARCH 12 1984 I wish to testify before the Tigard City Council on the following item: (Please 'print the information) µ Item Description: # 10 DARTMOUTH STREET L.I.D. — PUBLIC HEARING . ic;4*�t**�4**st**ksYic***k*•k�kiF**ies�fi'****ie**'u***�:4c************k**�k*�kxz*fie*�k*ik*rk9csE**ie**3e*** Proponent (For Issue) Opponent (Against Issue) Name Address and Affiliation Name, Address and Affiliation �Jr cLY Q �:: ✓t,� L •A tom,a r�� �« e. ..� t c wl fI V L L� X13-1 at a (SDYapo USLms o �Mxm% t; 7- M CITY OF`TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY' AGENDA OF: March 12, 1984 AGENDA ITEM #: DATE SUBMITTED: March 2, 1984 PREVIOUS ACTION: Public Hearing held ISSUE/AGENDA TITLE: Russ Krueger Feb. 27, .'1984 before City Council CPA 18-83 and ZC -14-83 REQUESTED BY: Russ Krueger DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY At the City Council meeting of February D. 1984, a public hearing was held on the proposed Comprehensive Plan amendment and zone change. .No one appeared to speak. The Council voted to direct staff to;prepare an ordinance approving the ComprehensivePlan'Amemdment and Zone Change. The ordinance, map and legal description are attached. E 6L.......RES. ------------- -----C -------- ALTERNATIVES CONSIDERED ax aeagrsffivs ............. ........ -------xsam:x-----azee---- SUGGESTED ACTION City Council ,approval of the ordinance as submitted. Iff CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: March 12, 1984 AGENDA ITEM 4: DATE SUBMITTED: March 5, 1984 PREVIOUS ACTION: Public Hearing on ISSUE/AGENDA TITLE• Transcripts ZOA 2-84, ; February 27, 1984 Quasi Judicial Plan Amendments ZOA 1-84 REQUESTED BY: Planning Staff Plan men ments `Conditional Use Standards ZOA 3-84 DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY On February 27, 1984, the City Council held a public hearing on each of the above listed items. No one appeared to speak on any of the ,issues'. The Council asked<staff<to bring back one ordinance approving all three amendments to the DevelopmentCode. The ordinance is attached." ALTERNATIVES CONSIDERED SUGGESTED ACTION_ The Council should adopt the Ordinance prepared by staff as directed by Council. O'DONNELL. DATE March 7, 1984 / SULLIVAN & RANB15 (1i�1 ATTORNEYS AT LAW TO : -Mayor` & Members of the Council 1727 N.W. HOYT STREET PORTLAND. OREGON 97209 (503) 222-4402 FROM Tim V. Ramis, City Attorney RE Amendments to TMC 13.04 rhe proposed amendments to the Municipal Code regarding local improvements are for the purpose of making it clear as to the definition of a local improvement and the costs and expenses which may be assessed against the benefited property. The following is a discussion of each of the amendments. Definition of Local lmProventent ' The amendment simply; adopts the language of the state law. Most jurisdictions do this 'because we can then rely on the interpretation of the language by the courts in prior litigation. It adds certainty and clarity to the process. identification of Costs and Expenses Which Can Be Assessed Against the Project The question has been raised as to whethercondemnation costs may be assessed against the project. The 'answer is clearly yes, but the Tigard Municipal Code does not specifically say it. This is because it is the custom and is an assumed power. You"rill find attached a discussion of the ;costs which may be included in the assessment. The excerpt is from the Oregon State Bar, "Local Government Handbook." it is strongly reconmended that the language specifically identifying the costs which may be assessed against a project be adopted as the question of the City's legal authority has been raised. It would be costly to litigate the issue. Other Considerations It appears the Municipal Code §13.04 conflicts with the newly adopted purchasing rules. The Purchasing Rules supercede the provisions in this section. The municipal,Code §13.04 should be revised. (ABtpm11288A) �. cife f• IJt f1.f1 `. 1 12T.: St3i.l 111AIV' d F{AMI:i ATTORNEYS AT tAW pr2jnk CucrLt!, Dire.ct,o , Public Works 1?27N W ttOYl ST REET ic.1 PORTLAND OREGON 9.7209 15031222.4402 I... FROM Adrianne Brockman, City Attorney' s Office' RE Dartmouth LID: Gordon Martin Letter The letter from Mr. Gordon Martin dated January 18, 1984 requests the City Attorney to provide him with citations to the legal authority granting the city the authority to condemn land and include the condemnation costs as part of the cost of an 'LID improvement. I have spent several hours researching; this matter and Am convinced the city has the authority to do it. It is such common practice that nowhere in the statute does it specifically say it. Therefore, such an opinion would take at least two days to prepare. In terms of my time, it `would take at least one'-quarter of the time allocated to me for a month. ' Do you consider this a priority item? Please instruct me if you want me to prepare the memorandum for Mr. Martin'. As per usual, he does raise an interesting question which should be addressed in the new LID ordinance. The statutes provide the city can follow the statutory require- ments or adopt its own procedures. The Charter`, Section 38, provides that the 'improvements shall be made as provided by state law. The Charter, ;Section <39, also ,provides that assess- menus shall be made as "provided`'by ordinance. There is no question that the city `can condemn land and include it in the cost of the LID; however, nowhere in the statute, Charter or ordinance does it specifically say it. when we are preparingi the revised ordinance, we should 'clearly spell it out. We should determine if Mr. Martin will demand condemnation and then treat all other properties similarly. In essence, they would all be repaying themselves, but it would be equal treatment. Please let me know how you want me to proceed on this matter. AB:mch 2/1184' CITY OF TIGARD. OREGON t COUNCIL''AGENDA ITEM SUMMARY AGENDA OF; March 12, 2984 AGENDA ITEM #: Pa DATE SUBMITTED: March 8, 1984PREVIOUS ACTION: " TURA/Budget Committ , : ISSUE/AGENDA TITLE: TURA Meeting reviewed March 5 Fz 7, 2984 respective? 83/84 Budget Adjustments Resolution REQUESTED BY: J. Widner, Finance No. 84-OIT Director DEPARTMENT HEAD OK: J. Widner CITY ADMINISTRATOR: INFORMATION SUMMARY The audited beginning fund balance for the TURA FY1983-84 Budget has not been recognized. Further, expected current taxes from Washington County is more than originally estimated. The attached resolution will accomplish the recognition of actual fund balance and estimated revenues. Passage of these adjustments should move us closer to TURA close-out yet this year. Expenditures have not been changed. ALTERNATIVES CONSIDERED 1. No action. Actual beginning fund balance would not be recognized, nor revenues properly recognized. 2. Pass the resolution. SUGGESTED ACTION Motion to approve the adjusted TURA budget for 1983-84. (0236F) Egg= CITY OF TIGARD',: OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: March 12, 1984 AGENDA ITEM #: DATE SUBMITTED: March 8, 1984 PREVIOUS ACTION: Budget Committee ISSUE/AGENDA TITLE: TURA Meeting approval March_7, 1984 7.3 Other Business - Recommended REQUESTED BY: J. Widner, Finance TURA budget for 1984-85 Director DEPARTMENT HEAD OK J. Widner CITY ADMINISTRATOR: INFORMATION SUMMARY The Budget Committee at its meeting of March 7, 1984 approved the attached recommendation for the 1984-85 TURA budget', if it cannot be closed out this year. This motion to recommend was arrived at after committee deliberation. Mien actual revenues are all received, Council may be able to adopt a zero budget forTURAfor 1984-85 and complete the close-out. Otherwise, it will be necessary to have a 1984-85 TURA budget. ALTERNATIVES CONSIDERED After deliberations by the Budget Committee re: the TURA closeout, the Budget Committee decided the proposed budget should be recommended to City Council and at the time of adoption, a better estimate of loan payout would be known. SUGGESTED ACTION } A motion accepting the Budget Committee's recommendation for the 1984-85 fiscal year budget. (?VOTE: This is not adoption, but will require a hearing yet in June, 1984.) (a236F) CJ i E co T. i T:•.r .. j T R r � t. 0 L � r w -- ' _ a o ^, CX A i .. t-. d 3 G mi U u k 3 iJ Lj co G C Z m y ci p co T ` U : , Q Um Q. p U O ril, 7 L U ?, 7 r C CL -rc r U C� d u ? d e d r u . ,r : ri f 1 OEM � s -G � O co J c- � f 3 2. .X i co U C) co Li -0 a a v p O �� r L O co { n i C x rn I CL C C Z 0 4J O 6� LO i CJ (� 4j x i .d CA 7 m: Z O C W O >- F ria w > 4 ¢ w -M -4i, r Ki M T O tb C LO W O .:.o W 7. .N a W C Qcrd C9 u w `'- Oj iy F k— u- O O � O O ¢ to p O O v u, O .. h V CTPm I I; m U 4 Cc co i. a f-. .. on ¢ i7 a C) :3 C z 0 o ¢ ¢.^' i ci / � ¢ N a 1, n M. Jam. -w ro a o J- r a s cd > T ci V C?� r G F- L O ++ = p 3 L +a L ar co Q, rE6 �:. O N O L :. -O. u c p, C3 a 30 L.; w.rn -a N B CJ ca N 3 E E ~ W 00 O O O O, C $ C m I y Ot O CU m O O O O i G L 0- c' p p '6 m m ' i � � .., a L L -0 a c T Q G CL X a ZL a o � O.O p .. N L U, a N y rd - .-4 O a(ft O as CL 3 E C L L a W V-' *..r 3 j L ro RS N N 3 C 41 S on L' N .� N' UCD d d ip rd '6 .r U..,. sy. L �. D .0 - C Co d U L . I— -a ix LU w 0. E d C) CJ Omi.: '. N O CL d x :td N E a.0 y H rr'd ^'' cu L w u N .GJa 'O C '� C� C ..a -0 J z ..+ LU C1 ..ai N W N O •.. G •� C :.� .0 C TCL -P r X d M O N O O w H P,, � Cu w ci U U t 7=3 a LU " O. rd Ci O .Oi O 2 'N 41 d X W -041 V stn 01 tz aU 4j " 1. `" +' 637 1 1 O O 1 v d Ca O EO G 41 D Q 0 V (Y- N U G er « 3 -0 �7 m U L T r S T ,4 G o0 C%j rd4J co0 F Oji w t 1 O O I N co 00 fd co rd LU 3 ^4jLO 41 O C Q3 m o CO C 3 UW rd �, L U �^ ¢ ml I N I i 1 tV r1? 'P W .i] "i•Pr m O O N O O O C Q Z. N Co vQ a c, o py C. Ste' n C�Yi. .�'B •; ti J co •, u o r ° LD co 0i C CL co 0 {v }�-a- a rte.. � r6 •.+ u ¢ .-. i 2 z 1 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SU14MARY . AGENDA OF: March 12,_ 1984 AGENDA ITEM #: o DATE SUBMITTED: March 6, 1984 PREVIOUS ACTION: n/a ISSUE/AGENDA TITLE: An Ordinance Amending Section 3.04.010 of the REQUESTED BY: 3erri Widner, Finance Tigard Municipal Code Director DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY Pursuant to the adoption of the purchasing rules, procedures and manual, the Council approved expenditures up to $25.00 from Petty Cash. This has caused a volume increase in petty cash replenishment. ` Normally, auditors and accounting principles recommend that petty cash accounts be replenished on a monthly basis. Currently, the petty cash has had to be replenished twice a month. i To streamline our systems, the imprest amount of 'petty cash should be increased to decrease the number of times it needs to be replenished. ALTERNATIVES CONSIDERED € 1. Do nothing. Continue to replenish petty cash on as needed basis. t 2. Adopt the ordinance . amending the amount of petty cash--streamlines the 1 t. sytem. ! SUGGESTED ACTION °~ I recommend passage of the ordinance amending the Tigard Muncipal Code. (U225F) I S , MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and City Council March 7, 1984 FROM; Bob Jean, City Administrator SUBJECT: Administrative Vehicle Options At the 3/5/84 Executive Session, Council discussed four options for replacing the burned administrative vehicle: 1. buy a low-mileage newer model used car; 2. used car per above with Administratorpaying monthly rate for personal use; 3. personal car on mileagereimbursementbasis; and, 4. flat rate per month car 'allowance. Options #1 and #3 were preferred and a financial comparison requested Assuming an $8,000 used car is good for 5 years with a $2,000 resale after 80,000 miles at the end of 5%years versus 20�/mile and 12,000 15,000 miles per year, then the costs ;would`be: 5-Year Costs #1 Used Car #3 Reimbursement Vehicle Depreciation $ 6,000 -0- Maintenance 500 -0- Fuel & Oil 3,750 -0- Tires 400 _O_ Mileage Reimbursement -0- $13,500 TOTAL $10,650 $13,500 OR OR OR TOTAL/YEAR $2,130/Year $2,700/Year Additionally some intangibles also come into consideration: occasional use by other staff, insurance ratings and coverages. RECOMMENDATION: That *5,000 be appropriated from Contingency along with insurance adjustment credits for the purchase of a used car for the City Administrator's use. BJ:lw/1289A NO a- vex m. t CITY OF TI-,ARD, OREGON COUNCIL.AGENDA ITEM SUMMARY AGENDA OF: March 122 1984 _ AGENDA ITEM #: a DATE SUBMITTED: March 8, '1984 PREVIOUS ACTION: , n/a ISSUE/AGENDA TITLE: 6-Month Financial Resort & 83/84 Budget Adjustment REQUESTED BY: J. Widner ; Resolution No 84- S�secialAssessments DEPARTMENT HEAD OK: J. Winer// CITY ADMINISTRATOR: — INFORMATION SUMMARY The audited beginning fund balance for the Special Assessments fund has not been recognized. The attached'' resolution will accomplish the recognition of actual fund balance.'' The reason the adjustment is large, is due to the accounting' principle of when revenue is to be recognized. The net change is not appropriated. ALTERNATIVES CONSIDERED 1. No action. This would be the only program that has not recognized the actual beginning fund balance. 2. Pass the resolution. SUGGESTED ACTION Motion to approve the adjusted special assessment/debt service budget for 1983-84. (0236F) CITY OF<TIGARD,' OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: MARCH 12, 1984 AGENDA ITEM #: DATE SUBMITTED: March 8 1984 PREVIOUS ACTION: n/a _ ISSUE/AGENDA TITLE: 6-Month Financial Report '& 83/84 Budget Adjustment REQUESTED BY: J. Widner, ,Finance Resolution 84= Operating Funds Director DEPARTMENT HEAD OK: J Widner. -_--_--CITY-ADMINISTRATOR INFORMATION SUMMARY In reviewing', the status of our budget for fiscal year 1983-84, some assumptions have changed and unexpected revenue has been received. As is necessary in ;any business, the budget .(an estimate) has to be adjusted to reflect'what has transpired. The attached resolution reflects this necessary adjustment. There is also attached a work sheet that explains where the changes occurred. 4, Some of the changes were as follows: the administrative car arson-the insurance company settled for approximately $3100. This revenue has been recognized so that the City may replace this vehicle. The sewer fund audited beginning fund balance for budget purposes is really $16,090 and needs to be adjusted. The engineering department has had a temporary draftsman on staff, much of his time has been recovered via charges, however the expenditure must be appropriated. The Mayor and Council budget for materials and services had some unexpected costs, i.e., LOC conference fees for appointed and elected officials and requires approximately $3,000 to not be overexpended. Administration intern dollars had to be transferred from materials & services to personal services. The Council authorized consulting services re: the Civic Center which were not appropriated to make sure the general government programs is not overexpended. These attachments were reviewed by the Budget Committee March 7, 1984. ALTERNATIVES CONSIDERED 1. No action--programs become overexpended. 2. Adjust the budget. SUGGESTED ACTION Motion to approve the adjusted operating budget for 1983-84. (0236F) BUDGET ADJUSTMENT WORK SHEET' 10/10/83 03/12/84 REVENUES: REVISED REVISION REVISEDNOTES: BUDGET BUDGET GENERAL FUND Unanticipated Revenue: Non-Retirenue ,Receipts- $ -0- $ 3,100 $ 3,100 Insurance Other recovery on burned admin. car All Other 2,618,774 -0- 2,618,774 Total T2,618,774 3,100 $2,621,874 FEDERAL'REVENUE SHARING Total 117,858 117,858 SEWER Beginning Balance 284,253 (268,163)` 16,090 Audit revision All Other 400,000 _ -0- 400,000 Total 684;253 (268,163) 416,090 STORM DRAINAGE Total 282,183 -0- 282,183 STATE TAX STREET FUND Total 313,935 -0- 313,935 COUNTY GAS TAR Total 127,932 -0- 127,932 COUNTY ROAD LEVY Total 679,417 -0- 679,417 STREETS SDC Total 160,623 -0- 160,623 PARKS SDC Total 97,238 -0- 97,238 ALL OPERATING FUNDS Total Revenues $5,082,213 $(265,063) $4,817,150 BUDGET ADJUSTMENT WORK SHEET a s k x EXPENDITURES 10/10/83 03/14/84 ' REVISED REVISION REVISED NOTES: BUDGET BUDGET s i COMMUNITY SEP.VICES i Police: $1,146,475 -0- $1;146,975 Finance & Services: 400,817 -0- 400,817 Municipal Court: 38,899 -0 38,899171, 082 � Library: 171,082 -0- , Social Services: 15,000 -0- 15,000 1,772,773 -0- 1,772,773 COMMUNITY DEVELOPMENT i Public Works: 1 17,530 618,341 Eng. draftsman Personal Services 600,81 Materials & Services 319,146 319,146 $7,530 OF Ctngcy. Capital Outlay 70,500 70,500 $5,000 Sewer Ctgy Capital Projects 1,005,670 1,005,670 $5,000 Co Gas Tx Total 1,996,127 17,530 2,013,657 Planning/Development: � Total 217,460 -0- 217,460 i POLICY/ADMINISTRATION - Mavor/City Council: Personal Services 14,552 14,552 OF Contingency Materials &Services 7,600 3,000 10,600 Total 22,152 3,000 25,152 Personal Services 103,533 12,000 115,533 Interns $4,000 was in Materials Materials & Services 20,000 (4,000) 16,000 & Services/GF Ctgy Capital Outlay 500 81100 8,600 $3,100 ins. recov Total 12 , 4033 16,100 140,133 f t r BUDGET ADJUSTMENT WORK SHEET EXPENDITURES ADOPTED ESTIMATED CHANGE NOTES: BUDGET 9/16/83 (FAVOR) City Attorney: Materials"& Services 66,540 14,000 80,540 actuals/GF Cntgcy CITYWIDE SUPPORT Personal Services 10,000 3,000 13,000 Materials & Services 221,865 37,000 258,865 65 Capital Projects 9,165 0- Total 241,030 40,000 281,030 { i ALL OTHER Contingency 137,827 (87,530) 50,297 GF Contingency Appr Unappropriated 504,271 (268,163) 236,108 Total 6421098 (`355,693) _286 405 s ALL OPERATING FUNDS E $ (265,063) $4;817,150 Total Expenditures $5,082,213 FE k 2 JT-F1(0229F) s 11150111,10 IS MM t p i E t f I t e. t t EF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: march 22 1984 AGENDA ITEM #: (� DATE SUBMITTED: Marches 1984 PREVIOUS ACTION: Budget Committee I ISSUE/AGENDA TITLE: Motion to accept approved at meeting of 3/7/84 3 Budget Committee's 1984-85 REQUESTED BY: J. Widner, Finance . recommendation Director , , DEPARTMENT HEAD OK: J. Widner CITY ADMINISTRATOR: INFORMATION SUMMARY 4 f The Budget Committee at its meeting of March 7, 1984 approved the attached recommendation for the 1984-85 budget and tax base unanimously. This motion to recommend was arrived at after citizen input and committee - [ deliberation. 6 G t t f' ALTERNATIVES CONSIDERED ` The committee throughout its budget process discussed alternatives such as no tax base,' cut_back services to the public to core, etc. k: SUGGESTED ACTION d A. motion accepting the Budget Committee-s recommendation for the 1.984-85 fiscal year budget. (NOTE: This is not an adoption. Formal Council adoption hearings will occur in June, 1984, after the Mr-c-9-and May elections,} (0236F) C+ } BUDGET SUMMARY 1984-85 ' REVENUES RECOMMENDED NOTES: General Fund Current Taxes 1157000 $1.4M - 0 - $1.3M All Other 1728298BFB, Liquor, WCCLS, & LB Fees... ' TOTAL 2885298 & $50,000 Less'Engr.` Revenue Sharing 111000 Sewer Fund 691000 Storm Drainage 232500 State Tax Street 310000 Increased Per Capita Rate:.. County 'Gas Tax 140000 County Road Levy 60000, Streets SCD 191500 Parks SDC 92000' R Special Assessments 451000 Y TOTAL 5164298 1984-85 REC. EXPENDITURES (87.5) Community Services 2132673 Community Development 1462287 Policy & Admin. 147000 Genera's Government t•�acnn Debt Services 451000 Capital' Projects 505972 ContinR 55861 TOTAL 5164298 77,77- EXPENDITURES 1984-85 EXPENDITURES RECOMMENDED NOTES: POLICE (31.5) Personal Services 1253672 1 N/H July 3 N/H in Jana.. Materials & Serv. 150688 Capital Outlay 34140 TOTAL 1438500 (II-III) FINANCE &' SERVICES (11.5) Personal Services 332084 1 N/H in July...' Materials & Serv. 87594 Capital Outlay -0- i TOTAL 419,678 e (II) f MUNICIPAL COURT (.5)' Personal Services 27456 N/C... Materials & Serv. 8544 Capital Outlay -0- TOTAL 36000 ' (II) 3r; k f LIBRARY (6.5) Personal Services 150000 1 N/H in Jan... ¢' Materials & Serv. 10200 ; Capital; Outlay 35800 Book Budget... TOTAL 196000 !, (II-III) SOCIAL SERVICES Personal Services -0- Materials & Serv. 45000 $12,500 Seniors & $30,000 TCYS... Capital Outlay -0= p2, 500 ::ACCAO 5 TOTAL 45000 COMMUNITY SERVICES (50) TOTAL 2.135178 r; EXPENDITURES 1984-85 NOTES; EXPENDITURES RECOMMENDED PW-ADMINISTRATION (2) PersonalServices74909 Materials & Serv. 4091 Capital' Outlay -0- TOTAL 79000 (II) PW-WASTEWATER (6.5) Personal Services 164196 45765 Materials & Serv. ` Capital_Outlay, 75350 285311 TOTAL (III) PW-STREETS;' (4.75) Personal' Services 134900 Materials & Serv. 38300 Capital Outlay 4800 TOTAL 278000 PW- PARKS (3.25) Personal Services 62800 1 N/H Jan... TPT 'Laborers... Materials & Serv. 23206 41150 , Capital Out13Y � .. TOTAL 127156 s' (III) PW-SHOPS (3.5) Personal Services 103000 Materials & Serv. 4900 Capital Outlay 3700 TOTAL 111600 ; (III) F PW-ENGINEERING (7) 4 Personal Services 215000 No E.I.T. Materials & Serv. 210000 Capital OutiaY 4220 TOTAL 429220 SUB-TOTAL (27) PUBLIC WORKS: 1210287 Am EXPENDITURES 1984-85 EXPENDITURES RECOMMENDED NOTES: P&D-ADMINISTRATION (2) Personal Services 66729 Materials & Se•rv. 3271 Capital Outlay -0- TOTAL70000 (II) P&D-BUILDING (3.5) Personal Services 107000 1 N/H in Jan... Insp. C/CEO... Materials &'Serv. 5000 Capital Outlay , -0- TOTAL 112000 (III) P&D-PLANNING (2) Personal Services 62000 Materials & Serv.` 8000 Capital Outlay -0- TOTAL 70000 (II) SUB-TOTAL (7.5) } as PLANNING & DEVELOPMENT 252000 ' COMMUNITY DEVELOPMENT (34.5) TOTAL 1462287 EXPENDITURES 1984-85 RECOMMENDED NOTES: EXPENDITURES PSA-COUNCIL 11600: Personal Services 12400 Materials & Serv- -0- Capital Outlay 24000 TOTAL; P&A-ADMINISTRATION (3) Personal Services 112000 Materials '& Sery 11000 Capital Ors tl�__ -0- TOTAL 123000 (II) GG-SUPPORT SERVICES -0- Personal Services 346750 Materials & Serv. 2750 Capital 2at1a 349500 TOTAL GG-LEGAL SERVICES -0- Personal Services ` 60000 Materials & Serv. -0- Capital Outlay 60000 TOTAL DEBT SERVICES -0- Personal Services 00 Materials & Serv- 4510 00- CapitalOutlay 451000 TOTAL ALL OTHER 130000 CP-GENERAL 122334 CP-WASTEWATER 205088 CP-STREETS 48550 CP-PARRS 13361 CY-GEN. FUND 40000 CY-SEWER 559,333' TOTAL Total 5164298 h +r. CITY OF TIGA ,_OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: March 12, 1984 AGENDA ITEM #: e DATE SUBMITTED: March 7, 1984 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Fees and Charges Amendments REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR:' INFORMATION SUMMARY During a periodic review of the City's revenues, it became apparent that some rates -do not cover City costs for the normal processing of the service. Attached are resolutions and ordinances to change some of _these:'rates to more closely cover costs for normal processing. The rates proposed are the same as those proposed in the Revenue Manual andthe same as the rates used in the t, preparation of the 1984-85 budget. The Council's policy for application.-type fees is to recover the costs for processing, including staff time and materials and services. The fees for maintaining the constructed portions of a system and the related costs, the existing development has on the system, is charged according to the impact on the system. Fees for constructing and extending the system are charged as Systems Development Charges to developers prior to receiving a building permit. ALTERNATIVES CONSIDERED Proposed alternative: Adjust the rates according to policies. Other alternative: Revise rate setting policies, stating which fund is to subsidize Esser costs. SUGGESTED ACTION Recommend Council adopt the attached Ordinances and Resolutions, continuing past policies for reviewing and revising fee rates. (0225F) CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: March 12 1984 AGENDA ITEM #: DATE SUBMITTED: March 8,1984 PREVIOUS ACTION:' Recommended by Budget ISSUE/AGENDA TITLE: Tax Base Committee March 7, 1984 Election Resolution No. 84- REQUESTED BY: J. Widner, Finance` Director DEPARTMENT READ OK: J. Widner Wm CITY ADMINISTRATOR: INFORMATION SUMMARY The Budget Committee at its meeting of March 7, 1984 approved the recommendation for the >1984-85 budget and a tax base of $1,300,000.00 unanimously. This motion to recommend was arrived at after citizen input and committee deliberation.' The resolution calling for the 'tax base election including the ballot title is attached. The ballot title must be filed with Washington County elections by March 15, 1984 for the May 15, 1984 election. The City can only place tax base ballots on the primary and general election dates. ALTERNKII'VES C^yNSIDLR-D 1. Pass the resolution calling for $1,300,000.00 tax base election May 15, 1984. 2. No action. 3. Modify the resolution. SUGGESTED ACTION Motion to approve the resolution calling for a tax base election in the amount of $1,300,000.00 May 15, 1984. (0236F) CITY OF TIGARD. OREGON f .. COUNCIL AGENDA ITEM SUMMARY t s AGENDA ITEM AGENDA OF: March= l2 1984 PREVIOUS ACTION: i` rlinton annPared t DATE SUBMITTED: March 7, 198Ethe before City Council on February 27, � te. ISSUE/AGENDA TITLE: Council set over act'�on unt-il r�, hi�da � _ Tdr�Mar���]nton k BuildinREQUESTED BY:Height Limit Report f • J A�/] CITY ADMINISTRATOR: DEPARTMENT HEAD OK: _..-1QLC$ I14FORMATION SUMMARY Mrs. Mary Clinton has ,questioned whether-or not a house now under construction at 14185 SW 98th Court violates. sections 18.98.030'.of the Community Development ' Code. I have prepared a memo which analysis the issues and concludes that the intent of the code has been met. Building Official Ed Walden and I have discussed the issue with Mrs. Clinton on several occassions. I; find- no Code violations. Mrs. Clinton's remedy for her complaints are civil, not legislative or administrative. - --------------- ALTERNATIVES CONSIDERED est that the staff further review the issue. The Council may take no action or requ ..env.amps..s®am®..��asa...as®mne¢.n.Q�anw.��.mv��a�ueaass�s�ae.me��a.m.�a ae�mmae�eaa�.mmr�u.wesaea.. SUGGESTED ACTION T recommend that the Council take no action as Iram satisfied that my office has properly implemented the code. x iWASHINGTON COUNTY,OREGON MEMORANDUM CITY OF `TIGARD, OREGON March 6, 1984 TO: Member of the City Council FROM: William A. ,Monahan, Director of Planning & Development ' 1 SUBJECT: Mary Clinton Issue - 14185 SW 98th Ct. , Construction On Monday, February 27, 1984, Mrs. Mary Clinton appeared before the City Council to voice her objection to the construction of a two-story house at 14185 SW 98th 'Ct., next to Mrs. Clinton'sproperty at `9865 'SW View Ct.' Prior to presenting the issue to the Council, Mrs. Clinton had discussed the issue with me as well as Ed Walden and Brad Roast of the Building Division. Each of us has visited the site to determine if any irregularities exist. Following is a description of the issue and our;findings. Issue - Mrs. Clinton's prime concern is that the new construction' reduces the view from her property. Prior to initiation of construction activity, she had I a clear ,northerly view from her property' across vacant Land owned by Pete Janzen (land which was subdivided into McDonald Acres). Mrs. Clinton feels that she has a property right to the view which should be preserved. A copy of her February 13, 1984 letter is attached which outlines her concerns. My response on February 21 is also attached. Analysis - Upon visiting with the Building Division, Mrs. Clinton was informed that the lot on which construction is taking place is a flag lot. As a I result, development of the lot is governed by Section 18.98.030 of the Community Development Code (page 111-158), Building Heights and Flag Lots. The section reads as follows: 15.98.030 Building Heights and Flag Lots A. The maximum height for a single-family, duplex, attached or multiple family residential structure on a flag lot or a lot having sole access from an accessway, private drive or easement shall be 1 1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2 1/2 stories or 35 feet, whichever is less, provided: 1. The proposed dwelling otherwise complies with the applicable dimensional requirements of the zoning district; f 2. A residential structure or any abutting lot either is located 50 e feet or more from the nearest point of the subject dwelling, or s the residential structure exceeds 1 1/2 stories or 25 feet in height on any abutting lot; and 12755 S.W.ASH P.O.@OX 23397 TIGARD,OREGON 97223 PH:639-4171 u own f Memo-Mrs- Clinton March 5, 1984 Page2 i f S 3, Windows 15 feet or more above grade shallnotface dwelling unit windows` or patios on any abutting lot unless the proposal includes an agreement to plant trees capable of mitigating j direct views without loss of solar access to any dwelling unit, j or that such trees'exist `and will be preserved. B. Where an agreement is made to planet trees capable of mitigating direct views, the agreement shallbe deemed a condition of approval under the provisions ofSection18.32.250 (F). The Building Division has reviewed this portion of the Code with the building for plan for '14185 SW 98th Ct.- and found that the t e maximum hallowed hheight grantfor abe of an exception has been ,met. Specifically, the building is 2 1/2 stories or, 35 feet, whichever is less, because the three are met. conditions cited under Section 18.98.030 That is: 1) the proposed dwelling complies with the applicable dimensional requirements, the setbacks for the zoning district; 2) a residential structure on an abutting lot is located 50 feet or more from the new `dwelling unit; and 3) if windows are over 15 -feet above grade` they ' shall' not face dwelling unit windows or patios on abutting lots unless threes are planted to mitigate direct ,views. Conditions #1 and #2 are not in dispute. Mrs. Clinton has, however, in the p ast contended that condition #2 has two segments which she believed both must be mot. I have explained to her that to meet the requirement only one of the two ` alternatives must be met in order to provide the protection intended by the code. Condition #3 is in dispute. Mrs. Clinton contends that excthe o€wl5dowsfeet bhigh constructed on the south side of the property gument is not without merit, however, a closer and face her property. Her ar look at the intent of the Code and the specifics of this window unit is necessary. The Code says that windows 15 feet re more above grade shall not face dwelling unit windows or 'patios" unless trees are planted to mitigate direct views. The windows in questions, shown on the South Elevation drawing taken from the building permit application, are actually about 17 feet from the, grade to the top of the windows. These windows, however, will serve a sun room and act as a passive solar system. The room height will be two stories, that is, the upper half of the windows will not accommoodadatee the possibility of a person standing behind them looking out. To see out the windows, one will be standing on the first floor. The purpose of the restriction is to ,preserve privacy. I contend that privacy will be preserved ill beeven though the window height at the highest point wpr because a thisimhome� is feet because the room is exceptionally high., substantially below that of Mrs,. Clinton and her neighbors, and because the will not result in persons utilizing the sun room normal use of the windows tios on abutting lots- if, however, the facing dwelling unit windows or pa Council feels that further protection of Mrs. Clinton's privacy is necessary, we may request that the property owner plant trees to mitigate direct views. MAN RNORM RM Memo-Mrs. Clinton f. March 6, 1984 y Page 3 Given the distance and grade differences, I do not believe this is necessary. I should note that I have viewed the new construction from Mrs. Clinton's house and I have been inside; the new home to judge the privacy issue. I believe that the windows of the new home will not intrude" on the privacy of the neighbors. You will find enclosed portions of the plans submitted for the home and a memo to me :from Ed Walden, ''Building Official, stating that the height of the structure is allowable under the Code. I recommend that the City Council take no action on this matter. (WAM:pm/0341P) CC: Mrs!•. Clinton y f r r �� .:l.1J �;i life .� %;a 7o2,•'Z�2jL ,;,.1�.� .✓�%�L�J •�-rJ �'e�G��'�o /�i.�21:L'.//...4F�G-Gas ��'J-� ,;rte✓�%� �� - �,. �,�.�,u.. 9 "r��u� .: F �( o - v G•Cs�'.,�t/, ..,.✓m-o1^'-�`��% -=Y C�-$�:f�/'7C�rG'-A-(/ .c'X6��...,�-uGc� 1 GCS \ �)i�GjLl/ CC(1 tLe:.9,� Gl•L; Y/C.0 J�-:�`.2!��'C,� L.�t..t'-f'L'.�l�•,C�.Z`��G .L� _�'—?•jzG-�'�Cils i F �,_ ! :t r�J� �� �� �` ,;.: •Irl / -' _ 4 4 4t � 4 E mi imm oil c f. E F7 a February 21% 1984 C1 F7111FARD ` WASHI CoUt V.OREGON k : is Mrs. Mary Clinton 9865'>SW View Court jgard, Oregon 97223 I RE: Rights to Preservation of Views F I Dear Mrs. Clinton, 13, 1984, 1 would like to assure our letter of February development code are in . In response to y comprehensive plan and community you that the City's comp The plan is a balanced rights of all; citizens in an ecguitat+le manner- I existence to serve the-needs of the entire community- the plan to preserve the rig February 14th, attemptour home on Tuesday, pointed out to when I visted y the community with the staff. Ido not now being`, implemented was developed by how they might use � concerns of al ors from using 'their property in contend that it satisfies the concerns of rill the people, or how. they: might. their property, snow they Wight profit from their Land. The plan does, however, reflect the a manner sa�iich' interferes with anszdividual°s enjoyment, make the greatest p overall philosophy of Tigard. protect your view is a valid one. As I Your particular concern of how to P of;means of preservation of views are expressed to you, however, the majority reserve a view either private action, not governmental• To P accomplisdaed by P purchase o£ development rights from adjoining purchase of adjoining property, and restrictions are the most common - you properties or Co'Vegap;tlt8t, COtadlti®n`J, ods. For a government to enter into an ordinance acceptable oto the h City meth require us to writeshould be might desire would red a which defines which views and who has and the community at large how much of tkae view is protectable, protected, what a view is, ground or the lower ground. 1 do not the greatest right to vier the higher Live neighbors and property owners. believe that the citizens of Tigard want the City to make these decision which made by coopers are more commonly the _ as I and my staff have pointed out to You, In answer to your question, srsent Code and Uni£orra Building .code are the documents which Community Develop Prmits and conducting field Lies when issuing -P- ointed out the specific the Building Division applies ~. have p inspections during building .the code as have Brad Roast and ::d Walden on earlier occasions sections of . =: f 1 .--� 1276 S.W.ASH P.O. 23.397 TIGARD.OREGON 97223 PH:60.'33-4 -11 I hope that this letter has helped to explain that the City plan is reflective of the respresentative needs of the community at large. It is both restrictive in some ways and permissive in others. As to 'which philosphy'' applies to such diverse code provisions as road width, building setbacks, landscaping, siting of satellite .dijbes--and—accessory structures, or _ $aach==- --- . properti are zone aW- Omaercaxl ins-tead 'of-high-density residential, I dust tell you that the pian contains a balance of the many community needs of Tigard's<citizens. Sincerely, am A:-hlornahan Director of;Planning and Development �M. 4 WAP1:dm j 0318f I 0- 1=i MONNOWN HIM i x; -'.a=y ..a.,^aa..,4as.�t- :�..'��r�::.s.:r�,. .,�..a-�- •.-�s��'s.�. :a„���..a��.s:.- •a.a..� -•ar..:.^x .�>_�a- ' mf .z-�.''..ar -s�,xi _ �.�,. acr'rxR:er::�r s* -M`y. ..- e:x��«.<.rz� s,*oi a„- - .� r era " ;Sr. �' '.,. ,.. •#M �. .;4 h , is+� 1 x �3 4 it rI~r.r_ i r IN ,-... - „.n..+,v +%"� .x ,taraa.. Y '.Y n.�s 'rA 'h:✓dgv,.f ."'} .. s it .. `h IIlip K-^.;.1#' ..: - .'"r..�'. _-. :ccs -..�. ,ct*,.a_..fir .. .�-,_ ..,.yi- ':4. ' -,k-.s •.�, i.. :�„ �;.'44�,�„ -- �. -F,. ;s. ,Kt 7. : r M, rz s x.0 -r +a,: ,".? - i�--,... � ti•�-.: •...::7kv'4:z. �.a.. ,� Iv , r=%' 3 `�¢'_ n �;..xr�. ��.� ae>. �; "' �Y,--.�zna.. -,.,� - '� ..-ri�. t '�:. '. .�++��"�`�'d,2�•�.�_ -c�r?"r� _:,.r.�t �y *'�,'i�;;..��' t.�s•M.?`_ ^'�`-.t ��3`'�"`� �4.�„ ,,� .. ,,'� '��+� �"a .�r'.�a-xc_.,..:..tc• �z'+a�Nb._k� '". ��'ic` :-�"3 .. auk'_+-�',;s•�,.���:^,.�iS,.�:�� ',:t.�a.�� :�.,a !�-�q `4 � '-`j''+.�j� v`�' s.. , sort+>-''��Rr��. ��'a�.L„` "$"'i.rw,��� �a;a,�.d,3�i�3,: .2"�"5�:c�'+•'5.�..>�.�-.>!-- �d.a. w•t�-�-t-cha"�k�i'Y�_. ha� �ar,..,x�l.c.� s ry � { x a 4s.1' i N NNE ®R gi 6 y�4 � A ........... f; t b aim am x gm ! � .,saisfJ�sd x � .y„ra r •axar_ts " 4 cos>- ✓'�` '������.,+a. ,. w �fx: Jz,.„Y�.q;7, _ �u..k�s.*t"y _ �.r` ,:: "t#�a��s,�``,+ q�=`' H . a✓�..,�r ..�. � ,�,. �:t'� ;:��'�? """�' 4 �e� ys ��' y � ,�� �.h,� i �s .- 9��..;„�4ticr! ,� +,...€`-r�t�'�--� �»..��:'.,k?'�r �"',...-. ��:;`� + ...ori,,�• ..,.e F �t �, a?'� :r���''.�.Rt {��v:t N 't.., a�u�'ve�'•�t_� a,�+-z�a•'" .s+�e�� ��.. � 8�:7' 33":�-�,.€'i� aa��ai,3w`�`:�:E�i.�'�`�����.r�.'x�.3,=efi` ^�aTa�x�#*,-5�'�' � �,��.'�4��.,�4 v�"� .,.�a,����euu.;�;sea�s�#.'- �-� ��s�,'z•�-��it� -� WNW MEMORANDUM f � TO: William A. Monahan, Director of Planning and Development FROM: Ed Walden, Building Official DATE: March 1, 1984 SUBJECT: Mrs. Mary Clinton's request for information on new building` located at 14185 SW 98th Ct.,; Tigard. On or about February 24, 1984, I met Mrs. Clinton and her neighbor at the above referenced site. %I-explained` to her how the height of a building was measured anis what a story of a building, what a first story and a basement was, as defined in the Codes. By using a tape, I demonstrated to her that the building was, according to (UBS definitions) well with in the allowable height & number of stories as required in the City's Comprehensive Plan and Community Development Code. _ ,_ I .�._-.._-.,.-_ �'9►°!�}slPg�lr@oJilo�i},J,}I�e}r�i}t�t}rJr}r�rll ifi rTth��rT ryli[(7 ilt rli tET rin�lr ri 91� tll �€ rTr r}t iif }} a}t rII �}� �}rs}i ,}T ,,: , , r , , r Flo ,}e i,,Ja}� i}� ," ►►, NOTE: IF THIS MICROFILMED i ._._.-_. _- MAKING IS LESS CLEAR THAN THIS NOTICE. IT IS DUE TO - ThE QUALITY OF THE ORIGINAL - DRANING. __.._---- _ ✓ �tEal,uolZn6u luuis��lt�Nlfn�e,n:�Z__ >z sz zzaz oz sa e( _ �Na ,EHsr�rarl�eu,lu,�l:,n9,e,J„��tiu�€t€} �4liuniuu,�} 4r '-2 •Z'IX�rt Fl�ti i f / '�- � �— I ' �' !( � � o I U u�V h i`;''✓1''rir-OiH,"f TL'"I Llq.i 4- �O�P617—IiJ "c,YP,gp Iq �16r ��aa�r� p• Z. �2:v_ i� ` �O1I��t1LT�h7bkd 1G� j\j k $ 1�Cil � Ztl • c�.,E�I-aP t�-rE 1 _1--� � i I � � fL11�Z��if.io7�-! _ �I @�aN�t� liL.Rei FFbt•!�� " PA.Opt �^ ry VX�A O�AOdt !�i t Fr�t]ORNL L__» ( GOMfdIOVI \U ..a�...- r1lR P..iD. Z x[.1 U.. N/yif�x I o! --- -- . —,>E_.�.. .:..,:_ � .- -- -- a-wl � -1 mom..`-Of G.G l��Z`r'??• �- l.o�yq�oi;I;-- t2j1, , — �1c0°UWWI � Pbsx�vw.: 1 �' I iv�illxroi :�n � ,4 . � I( 4P612-6 c ---�PbGIM, IIJL�.lL "VQICA(_. - tm✓ Xrs t�Yi:!GLJ'] (�i2oY �e rg 63 ,g4LJ-q.i ih'x7'�L t _ (itijilr tNlifa's�i�sia if1 aEa fi{i 1�l 1�1 ili11f1 tjl Im >� tii tiPi[T 97 i�lji t s7p o f a�f i� i i tit"i�l t�i i i i�i 7 I 1 JI!i ! -I i � i 1 ! j'�'P1j1 f I _T� !! I ii._i .4- r o �t� i o � o � I � p9 � Iiflfati 1i,i1itaf1� t!�I111�ata1 aia�111 111111-91 NOTE: IF THIS MICROFILMED � : y DRAWING IS LESS CLEAR THAN THIS NOTICE, IT IS DUE TO THE QUALITY OF THE ORIGINAL .. ... DRAWING. - Oe tiZ 8z �z 9Z Sz ba ez zz Iz oz -60 aiitMalHniunloulislalaMa?iudra�i�}til i _._ M Al I Gtw 1 7' 1990 E i , f s � r LDILME , b Y 6 u . tt . March 12, 1984 TO. Tigard City Council FROM: Jack and Mary Clinton I have received a copy of Mr. Monahan's report to you and I feel I should give you my finding regarding the issuance of the building plan for Lot 10, Tigardville Heights. i As I stated in my letter of February 13, 1984 to Mr. Monahan, the number of consultations with Brad Roast and t. Ed Walden have been considerate, sympathetic and friendly. Also, expressed extreme concern about regulations protecting the Tigard homeowners. What aroused my concern for the taxpayers and homeowners is, this first home that is being built in Tigardville' Heights Development, is setting the precedent for all homes in the new development. This flag lot did not meet the building cede height because maximum height of the windows were not met and no plan was made to make this acceptable. s Mr. Monahan's letter is correct in statingI have a concern t about the loss of my view and neighbors' view, It has lowered 1, the salesability of our homes and actual monetary value, besides the personal comfort it deprives my family, neighbors, and friends. I do feel I have the same or equal rights to the view as anyone else, not more nor less than new neighbors, nor long time residents. This new structure would be able to receive as much view having been built- as lh stories and be in keeping with the long existing character of the neighborhood. f =k p i# Y r _ 2 - In regards to Mr. y Monahan's analysis: Being at City Hall often with all my questions I finally picked up the Comm. Development Code in the receptionist office while waiting for an inspector. T- found Section 18.98.030 and showed it to Brad Roast, inspector. He did not know it was there and when he read it he said it sounded like this; in fact, backed up what I had continually been saying. That the new home should be a ,l�Z story home. He, at that time, made me a copy and involve the City. ` I think it has, mentionedthatthis could and does. : When I asked Ed Walden what it meant he could not tell me either. He said he had asked time and time again, but was lanation. So, how could an never given an understandable exp ' accurate inspection and approval be made for the house Plans that was to be erected on a flag to Brad Roast had inspected the new homesite and had been to y home, but Ed Walden evidently (because he did not know the house was 2 story high) had not been to the site until he was asked to actually measure it on February 22. Ed Walden convinced my lawyer, Fred Anderson, by Phone on February 7, that the home was within code without having been to the construction site, and without knowing what the code said pertaining to the 13� stories in Code 18.98.030. I have in the past and I still contend that both conditions int of 18 .98,030 are of equal importance: depending upon which one applies to the circumstances -to cove the very problem in 3 contention. The application to the Code may be varied, depending `on whether it is 'interpreted before a building permit is made or after the building is built. The intent of the Code is not to 'create exceptions, but rather provide a harmonious and compatible neighborhood. Since these restrictions for flag lots were apparently not reviewed before issuing 'a permit (because neither inspector could have used them, one did not know about this section, the other didnot :know 'what 'was meant by it) , I feel this is an attempt to make the Code cover what actually has taken glace (granting a permit) , rather than meeting the intent of the Code. When the building permit was applied for it was clearly a . . on the plans that the windows facing South 'would be over 15 is. L.a been inspected on Seel and be a 2 Story house. If �. .,.... ..,..�... _....rsight; it would have been found that the windows over 15 feet high would be facing abutting lots, patios, deck and also several 6 and 12 foot window spans which were built for views When submitted, the plans showed one window with South exposure. (Since my repeated interest into this matter, a South side window has been moved to a Western exposure.) I maintain, since the Section 18.98.030 was not used or under- stood in issuing the permit, the permit was granted without reference by the City to the applicable sections of the Code. Now we find a search for specific articles in "the. Code" by the City to verify the issuance of a permit, resulting in an MMI M — U i By 4 t,. effort to cover tracks already made. As Mr. Monahan has related the windows are approximately 17 feet from grade, since the Code reads 15 feet or more above grade facing abutting patios, decks, etc. and a `site inspection using again Section 18.98.030 on the site would have immediately rejected the home for a 'solar home permit. ` Because the builder must have supplied an agreement to plant trees "capable of mitigating direct views without loss of solar access to any dwelling unit, it could not be done. " I maintain this solar home should have been rejected for this site at the time of application of the permit. That alone should have been enough to discourage the seekers of the permit to either find a lot that would not be facing windows on an abutting lot or to change the plan itself. The 'home does not fit into the character of the neighborhood around it and is rejected by our entire neighborhood, who have wanted to be represented on record by signing a petition against its existence. I have been in the middle of my living room, standing, watching construction and had the builder wave at me, then make motions like he was trying to lower the building. After returning his wave and giving the baseball "safe" hand sign, as if to flatten the house, I went out on the deck and told him, "You sure build an ugly house. Even he realized that it did not fit there a he wanted no credit. He said, "I didn't build it! I asked, "Who did? He said, „5 - "I just 'framed it, the architect built it.” I also was inside the new site, standing on the second floor, I could see the mirror in my entryway (the bottom edge hangs below waist level) . This indicates from where I was standing in the new building, I was able to see through my living room, dining room and into my entryway. I question the windows as a privacy issueformy home, as well as for my neighbors' privacy. The developer told me he had a buyer for the two lots next to this structure, and he was supposed to know by the next day if he had a sale, but because of this said structure, the buyer was really debating and has evidently declined from buying the land because of this new home. it is setting a precedent for all the lots around it and will be instrumental in destroying our neighborhood's character if corrective action is not taken immediately. We ask you to act quickly! for the people by putting into action the enforcement of the 13� story restriction on this flag lot: We feel that the city was asked to investigate this situation and correct it beginning the day the ground was broken in January. We feel the home, to fit into' the neighborhood, should be a 1;5 story home. It has become a definite 2 story home. 6 February 7, Fred Anderson, lawyer, asked that the matter be investigated and stopped. (House was 1 story roughed.) ` February 14, at my house Mr. Monahan was asked to take action. (Second floor was studded.) February 16, roof went on. February 21, Ed Walden was asked to stop work on house. Ed measured the new construction for the first time. (I have included a copy of the measurements in the material given to the Council members.) February 26, City Council suggested a stop building order to look into the matter. City claimed fear of lawsuit. Now cost of lawsuit will be more for errors not corrected. 1. We believe the basic intent of the Code has not been met. 2. We believe, in spite of Mr. Monahan's report, the structure is in violation of specific articles of the Code. 3. We believe this structure is in conflict of the established character of the neighborhood. 4 We believe, if allowed to remain, this structure establishes the precedent which will allow future structure in Tigardville Heights to violate the Code (many items are based on adjacent and surrounding 7 structures) . Certainly then, developments in any area of the City could use this same tactic to get around specific requirements of the Code. Purpose :of this Code: As a means of promoting the general health, safety and welfare of the public, this Code is designed to set forth standards and procedures governing the development and use of land in Tigard, and to implement the Tigard Comprehensive Plan. To these 'ends, it is the purpose of this Code to: A. Ensure that the development of property within the City is commensurate with the physical characteristics of the land, (which the structure is not) , andin general, to promote and protect the public . welfare. We ask you to stop construction of the building until the following have been meta We :ask you to take whatever action needed to correct this obvious collection of Code infractions. We ask that the house be lowered to lh stories so that it will be in accordance with the long established claracter of the area and will meet the intent of the Code. t fit �� �•-�''� 1111 J� 4 - GN RSEE, IrO' ,:,�?�='��L.G.v .', S�� 0iSfaL G;t:u?iy. r ' Restrictions and conditions imposed in instrument, including the terms and pro- F. and Alma M. Ingebra visions thereof, executed by Leonard ad, husband and wife, "affecting Ingebrand heights, recorded October 1, 1958, in deed boots 409 page 651, as folln; s: '11. Land Use and Building, tial- Tyoe• No ).oC shall be used except permrtted tonremain purposes. No building shall be erected, altered, placed or permitted dM1orie 4. 1 on any Lot other than one detached single family dwelling � �� Win, aha y,�� a o ig to iRlat and a private garage £or not ess tan two cars. 2. Dwelling Size. 'The'?g,-jurd floor area of the main structure, exclusive of one-story open porches and garages, shall not be less than 1300 square feet for a one-story dwelling, nor less than 1200 square feet with daylite basement. "3. Building Location. No building shall be Located on any lot nearer than Cwent3+9five (25) feet to the front Lot line, or xiearer than twenty-five (25) j. feet to any side street;, nor nearer than'ten (10) feet to 'any inrer`ior Lot e tear dot line, Far the purposes line; nor nearer than twei.Ly (20) feet to th of this covenant, s steps, and open porches shall, not be considered as a part of a buildinghowever. this shall not be ;construed to permit any portio:. of a building on sa Lot to encroach upon another Lot.. uponanynuisance ermanent.ly " —", �etQd with- Zn—", ai or, tent, n any Lot iew on ,,ay a. sign or BROS nt, or j and sales. ted in f i kind shall ; 1 Mil neighborly by barking, howling or other obnoxious activities. t a 9'1Q, Oarbaze and Refuse Disposal. No Lot shall be used or maintained as a i dumping ground for rubbish, trash, gfa-rbage or other waste except in Sanitary regularly serviced by a regular garbag containers regularly e collection service. - P i qy �q{•spy � � � C pO Q3 aD b C. wp ONES 04 bo IN � o is j o '3" ' oy�� �'�'� as `? o ,0 3 0 S E 05 �y � � (QqV �.{}•�y �J p O � � O �U 61 � eE N'^ � ® � O v frl W N .6i^..N � L1 •�'Q/ M � , 'CJ... .u W,k" "' �, �'p.•p v � �.N BO• y-s '.�. w O u1 •O'rd p CO `� ¢t ' rAa � ^ �. � oo. N OC N '� C L w CO `A •-" C r, u r SL"r•7":2'9 � C1�1 v w oo M E c e a o u C u �� > © v"O v roa 4, 2 U o u O a-5i u t,4 . u ' b c� °' u c u R w m E v 2! 13 0 ' N p o ,y.9 aCi E .wu, M O ub 1 3 A w u `�' a is.`E u-y' a7 � N� O �ro U A. 'Cl � W �,•O A p p� ��.ari.'� � i to 0 40 '`a•C � •� �• .� �� w�'. � a p � E m o u.� u•5.0 � u chi nCp p qy� .L•;u e).V� � ea � C'1° 9�/ Q.V 'C•� •� � �'��I'.-ppj�u e�� 7 ��R> �Vpq� .7L' t1 � u u cG •� O w c�.� a�®�3.Q � 'V �„ � O t0 v" ..,c,,�fin.' W .6. C u'ry N.•' O .0 Oy'wO N aj•"'v7 A O �p,y'� ��g�•'A �, u (? oD p C w�QJ u G .d C: y p p QA 30'• ..� •p '.fl •Xl � � q�j0 Q •r+ EL�+1i. c u w ro �n � � � � � a�zou� .�'v u b o y c a r c"u o m oda c° .;° o .� �.� �qq�gg U o ea c w G Q � V •R f c n w r E A p u raw o No u 0 6, i all.. at ` v o 3 u o w 12 u 420 a ®ti'J Cu aa'.0 aog LLA pv f.co 0 tv E a co 'r Nam ( ' 18.08.500--18.08.560 I .e 08 50- p Story, half. "Half ;story" means a story with f two opposite exterior sides meeting a sloping roof �� ��than five feet above the floor of such a story and n �nigned for human habitation. (Ord. 70-32 Ch. 280 (part) , V. 0 Setback. The minimum allowable horizontal distance from a given` point or line of reference, 'which for purposes of this Code shall be the property line :unless otherwise stated; to the nearestrvcrtical wall of a building or structure, fence, or other elements as defined by this Code. Sp cified Anatomical Areas. Uncovered or less than opaquely covered, post—pubertal human genitals, pubertal human genitals, pubic areas, post-pubertal human female breast below a 'point' immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. Specified Sexual Activities. Human genitals in a state of sexual - stimulation or arousal, arts of masturbation, sexual intercourse, sodomy, flagellation, torture or bondage either real orsimulated. Story. That -portion of a building included between the upper surface of any floor and the upper surface of the ' floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused under-floor space is more than 6 feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined 'Herein at any point, sues, ba5efejent or unused under—floor space shall be considered as a story. Story, First. The lowest story in a building which qualifies as a story; as defined herein, except that a floor level in a building having only one floor shall be classified as a first story, provided such floor level is not more than A feet below grade, as defined herein, for more than 50% of the total perimeter, or more than 8 feet below grade, as defined herein, at any point. Story, Half. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite ex erior walls are 1 ` not more than two feet above the floor of such story. Street or Road. A public or private way that is created to provide ingress or egress for persons to ono or more kits, parcels, areas or tracts of land, aexcluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining or agricultur-al purposes. Streeter private. An acoessway which is under private ownership. L _ (`� � :tl cLi p � a,�j G� CW O O O ° e �.•C3 7 V 'u^ � CO aL-,, NV C N f! N ..0 n NC„ V 'N � N u.�A .0 N nu •0. o E 3 " •a a, V L' a eJ o C 3 v c °. u 3.C en 'w 'O F v :.�j•C O e E raj N N 0 3 v v n c a Yy c h � ..e�.. u L...oU,uu. > S A •o a u u N A S.C/I•° >`u V � 'c t j1 V 1'' N� •en � ��� � G � .N. 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Any building ,located in a non—residential zone may be built to a'' maximum height of 75 feet provided::' 1. The total floor area of the zbuilding does not exceed one and 1"1/2 the area of the site; 2. The yard 'dimensions in each case are equal to at least 1/2" of .the building height"of the principal structure; 3. The approval of this exception is apart of the approval of the conditional`' se allowed under Chapter 18.130; and " 4. The structur is not abutting a residential zoning district. 18.98,030 Building Heights andFlag Lots A. The maximum height for asingle-family,- duplex, attached or multiple family residential structure on a flag 'lot or a 'lot having sole access from an accessway, private drive or easement shall be l 1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2 1/2 stories or 35 feet, whichever 'is less, provided: 1. The proposed dwelling otherwise complies with the applicable dimensional requirements of the zoning district; 2. A residential structure on any abutting lot either is located 50 feet or more from the nearest point of the subject dwelling, or the residential structure exceeds 1 1/2 stories or 25 feet in height on any abutting lot; and 3. Windows 15 feet or more above grade shall not face dwelling unit windows or patios on ani} abutting lot unless the proposal includes an agreement to plant trees capable of mitigating direct views without loss of solar access to any dweI14 unit, or that such trees exist and will be presery B. Where an agreement is made to plant trees capable of mitigating direct views, the agreement shall be deemed a condition of approval under the provisions of Section 18.32,250 (f). C. The tree planting agreement shall be a condition of (SITE DEVELOPMENT REVIEW) for 3 or more attached units or a multiple family residential structure, or for single detached units, 1 duplex or 2 attached residential units, at the issuance of building permits: 12 March 1984 TO: TIGARD CITY COUNCIL' FROM: NPO #6 SUBJECT: Allowable Building Heights on Flag Lots Mary 'Clinton's Review of Construction 14185 SW 98th Ct. NPO #6 convened a special meeting on % March to discuss this issue with Mrs: Clinton. A city staff report dealing;with this subject was made available to the NPO by Mr. Bill Monahan, Director of Planning and Development. - The NPO reviewed the staff report with Mrs. Clinton and several other interested guests`. A. NPO Analvsis of Mr. Monahan's R2port We agreed that the house under construction complies with the first two exceptions provided for by the Community Development Code. 1. dimensional requirements of the zoning district 2. a residential structure on any abutting lot either is r located 50 feet or more from the nearest point of the subject dwelling, or the residential structure exceeds l'k stories or 25 feet in height on any abutting lot: However, we disagree with Mr. Monahan's interpretation of condition #3, "windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting lot unless the proposal in- cludes an agreement to plant trees capable of mitigating direct views without loss of solar access to any dwelling unit, or that such trees exist and will be preserved." The following facts support the NPO's position: 1. Photographs provided to the NPO by Mrs. Clinton clearly show that, even though these are r4indows intended to act as a passive solar system, a clear and unobstructed view of Mrs. Clinton's backyard and patio exists. 2. According to the current Development Code mitigation of � what the NPO feels is a violation of condition #f'3 requires planting of trees which would not block solar access to the dwelling unit. The NPU feels the planting of trees is in conflict with solar access provision of the code. Tigard City Council - NPO #6'- page two The 'house is situated on the north slope of a substantial hill. Solar access during the prime winter heating season will be minimal at best without trees planted to mitigate the view of Mrs. Clinton's property. Therefore, we feel the solar access argument for the two- story windows in this situation is a moot point. A structural change in the house design should be investi- gated. B. Other Specific Concerns 1. Mrs. Clinton related experiences with city procedures for inspection and enforcement of the Development Code. Some of these dealt with: " r a. Measurement of building height on a terraced property _ b. Determination of final height before,construction of'`the` dwelling in question is completed. The NPO feels specific procedural matters such as: this should be addressed and solved or they will surely come up again. C. Summa In a broader sense the NPO feels that an examination of building height limitations may be in order. Current R-7 zoning provides that no building shall exceed 35 feet in height. In the situation under discussion tonight, a dwelling 35 feet in height could be built directly to the north or east of the dwelling currently under construction, thus blocking any view the current owners sought to gain with their current house design (see attached map) . The NPO suggests that the height limitations dealing with flag lots be made more restrictive. The NPO also suggests that building height information for an entire subdivision come under close scrutiny during the established city process so that height related "one-up- manship" is minimized in order to keep the livability we have worked so hard the last 2 years to preserve. 6 JV f., �• �:�e 5•w• M- pONAt-D 4EO 14IGYt^F�D56N D•l..G. ------- r -- �5.e. Gots• "4, vH• _ N '�.09`5iZ5 - 1t.89'Sry2W� 157.9 o ` 1 i � �•p.+3•U' N i.o-r JM PLAT _Z0.9 .93 �� , , 07 �2 LL Gt t• ° `23 9 o1Nr 100.el ° .�a` c 7504 �, p.7t'33'48"•� GN: A-7.65'In1ar1^L -8034 �� ^5 2� /0 Utr/itEetEorr<ir^f_ n �.. 3 9•e0'4(r Z7 r- ' .®�• Ios"w. LOT ►�'.z2 -- 7500 t7 Eh c ° o fZ= °50 `I�< Gam.= 57•Z� taa ZT� ed,• 750-4- � ,' '� ••4. :'YL.3l, �v �s107. �s �rqr �.I o .Ne•�e•�'z� E� " -� _ �o y,•37r�k'� t9 . Z°• LOT 5• Gtl Q -7 5 3 9 'T`s° Z 04- Zz u. 9 . W ro 00.08' -7q `s °36.1s:_. - s.e�- o'w st�•A R=50. �' Sri, �• � � r� u.ao°w. '� 1 9u. z�— :i�c'.3�• •N � �,2p' tj•ZI'..3•to 1� 1�39.rq WIg._5I• `� s saw z•GZ - L^T�7• , '!�5'' Ctt.•7�• R "TJ o a 7. �� �, w Q -1gOt ¢tl ap'S ls~ 8'7°tet! 3q" GYI.•27.'71 e 1�:� � 7531 � � °�� eO-a �so � ,• E_,QT , • '1�39" Ctt.•2I.3� �. j.l.t39 58`: ' a o "vi. -® N.99�4' �. '� 4= Cry°3 GN•,` .'L7 �D•/ni• to©.a3• b 1, - !-�: o RrrJ.U ' p• GS ,c(.4 Oj 5.t•a''b� ev.t,t�. Z , .i apv Bt3'323t3s t'o� iy. -=�; 4. 75'19 Gtt :6o.8E', 199 W �ayT• et.P�Ssa:�o' �' 1� ql - Imo_T��' ®s Z7®O O� G.4�•.Z3.'aL� G-i'Iwo r Z�a9 o R•' a0 t ® e"T- �F 1^s-•fir #� o a,•Z3 a� c 925-bo,- K. 7J4'L%�"7�'39 a i 3• sem, rLD4'ILL.N- =p L1=42` 53�IC•5' Gi( " '. F od �o� 0°5. I ' - /;'�•!b- t t4 � bdb°_y 161 a.e A LAS 54•�'" G�•< j,'.G9 \ GS�----- 4-l.�°!'CjP�'40' E'3 . a.sa w..�` R�20 � �• it g tiJ. J j%! -t.g'asah�C}� L��_'va.t;a^, ® , e5��2_ Z,4- Git. rl2r 0+ ��' ' '1'4410 i~'.F!3p �A= 9t"'S4"2tv• C.t4.`28 �pv G, T AA Co 7t3 Gtt:(e•76 I W tT'r1 ��Ot-ji .gzt�;AfZ �tzc--t rg�•c10' �*A Lit ��=°'�'��!✓ti~t�"4 ! �� t�h1S� !��°'Ii•-iT- L,s 23�•�i5', %L.• 7�•7G tcb�TfHLi PITT T1L_I-0 INGLV�- :z7�y<37�ZS r C. f4NA I1�P��s✓ GAS/ �t1• Gvl� Z ,: /_� t/� �- V�I�Tii= `- , �. c .�. • tm7. t rtvz-i� t {�1C.A-TED -!p 7� iG GIT ` t o FA WE THE UNDERSIGNED, BELIEVE THE FLAG LOT EXCEPTION AS STATED IN THE COM- MUNITTr DEVELOPMENT CODE AND APPLIED TO 'LOT ## 10 IN TIGARDVILLE HEIGHTS AT 14155 S.W. 98TFI AVENUE IS IN VIOLATION OF THE CODES INTENT. WE FURTHER BEL'_ EIVE THIS BUILDING IS IN SEVERE CON-FLICT WITH THE ES'T'ABLISHED CHARACTER OF THE NEIGHBORHOOD. i7 ,2/1z-yyzc,. / - Ifq 17 ?�l;v'C7, 1/£ '-i I z o JAGI.cC1 j. ��'ti/L 5J( "�k f7r' `( !`�t����r 4L` ), `�L�. [�� 1 ii. `! /,:��✓`ce�l,.-'� �, J .{"'y.rr t.'-5�/ %' 4 c 2- P _ r t' Ju✓ 11'51 f t r v v r{�f J O(�C �/t: +/ Liift/r 0 cl L C� Vr C?�tlX YN l� �� �i't . G 12 L L R -fSA� 5 �� �;. v i�w t�3�i_-3-78� C,��PD, 6-20 ,1912 f re 4 WE., THE UNDERSIGNED, BELIEVE THE FLAG LOT EXCEPTION AS STATED IN THE COM- MUNITY OMMUNITY DEVELOPMENT CODE AND'APPLIED TO-LOT ## 10 y >IN T I GARDV I LLE HEIGHTS AT 14185 S.W. 98TH AVENUE IS IN VIOLATION OF THE CODES INTENT. WE FURTHER> GEL FIVE THIS `BUILDING IS IN SEVERE CON-FLICT WITH THE ESTABLISHED CHARACTER OF THE NEIGHBORHOOD. SJ Irifl lDCLIJ'7 !'1Gll/Tf�'sS�� �/f17L- �� 1 d � �� �` )� 1 X-- 1�'"�!/�jvJ i�f :JA7rk, '•�,�-.iG!� :.i l i ! f� fJ' �t'.✓�L..`-'...�'-c- .s r fyF���%7't-�' f .r,.,Ql; Id .`°7•irC�P,!)C` c: �_n j,' 't2'"� .)' r ° ''�rs.-. •�,,1- `� ! -j".:5 > ti.�: , ,Y)r rJ 7 r I D Vii. iT / r'• � '���{ /!i .Sud /f fo�IC�- 3; 10 J' C t 2- ".71) "_"U av/'qR A 5 c r °l o-t¢o 7z-1- a-1 c!tJ � yG ,r^ 092 dz'a �t� r :'-f/ I�/)its/! ✓ CClra�r ! //D -5cc J (6—a yf�� v 3q S" m�''rr!/a�G/r J /a/Sa vkr.�Llt��a�51. � f q L- �IGkh' �> /Jls :>�// r!✓rilry�Jr.� 3i 6 9' Q �! �, = Ofl�i• dt/��-�%'—' 10/Gls- 5 W V1,&- �i;�' 7.5`.. s/�.?' �'' � L.4 {,.S � � r a.c ��y�� `)P,�. �t`-{tri �f dr•)'. ���c->�.� >C���'R..,,-✓ �.E.f1/J C��,SS�',G/.c.l f0 x/0.3 ,��r LIJc�UJ 7��--i�:�. c ` 4 q i •e��e' a ���7, C> i l �y.�. ,`+j} .�� f� s �,• t-1:'!��'�`' �-�: !'1 C �� / U � i ,-r.,l�U._l�S.�L�J� ,;/�,.EJ l�_�D + •,. V ,moi 1 .1t. < <^�C.' r t" �• �'�••�,!r'C- e'� i s� I PETITION LOT #10 WE, THE UNDERSIGNED, BELIEVE THE BUILDING ON LOT 10 IN TIGARDVILLE HEIGHTS IS IN VIOLATION OF THE CITY DEVELOPMENTCODEIN THE TIGARD' COMPRE_HENSI.VE FLAN 18.9a.030.` WE ARE VERY CONCERNED 'ABOUT THE LAND PLANNING 'P'ROBLEMS THA T WILL RESULT IF CORRECTIVE ACTION IS NOT TAKEN IMMEDIATELY! SIGNATURE PRINT NAME ADDRESS PRINCINCT # `�.✓`%'cT�'! �-r••;l- �{��,->✓�L'_ GAJ /%' /�`c3�{��:. ;r ?ci 5 � (t` /F"�` ���� �_t't, °! � �';��;Ij`}n C..- .1:%-c-vtu-C... ��/�??...s r• �r ij�� ' �!G'/�frrr,f'?.a1r'=n.S r.��;,. -•� � 6i rt 4 J . q e 2 Y� �r~ i E �` c (�i(i1r17 ? Tn � c ✓ �� tr �C1�_1 4.Jrrc� `�z.r—e•='�zuhi �,q-��'� 1U r t J /12 U �-"-'. �Cr� � ��-• ..'�, 7.•'�g„1"� +lG'!r` ��r7 %.%f,j ��rT:� iv` y.GYli'G:'S ' �1 t/. `�` :.'-!!�� 'C.t���” �:);)J!t t% "l" r'j^:.c-- '..;✓�•`� ... C•i.. �,4JCv - r��' !- J r-.� �. 4w / 9 7 3 S Sc,: ivicticvWc il �"�rcc( 3 t 31 &, � Al �ZJL- t c' `-� ��R� �,qlG �IaGTL•'�L /crr e s �`��' �/,/c u:�� l'� IY/aRL� E f�A%(.$ //5 3 S 5•w. dL RRACC %lC,fiR, d? Awc PETITION LOT #iti WE, THE UNDERSIGNED, BELIEVE THE BUILDING ON LOT In IN TIGARDVILLE HEIGHTS ' S IN VIOLATION OF THE CITY DEVELOPMENT CODE IN THE TIGARD COMPREHENSIVE C"!_AN IS.9B.030. WE ARE VERY CONCERNED ABOUT THE LAND PLANNING PROBLEMS THA t T WILL RESULT IF CORRECTIVE ACTION IS NOT TAKEN IMMEDIATELY. SIGNATURE PRINTPRINTNAME ADDRESS F'RINCINCT # h�14U E . �c E� l'cl x�rdp Az I ' C'9 U jG/ J c /; 6 5 C��. Icb_--l}ct �7)voM) Te s%ti �.L L; ",2¢ �' .S>U�7v` !y l:�i✓ SCi,' rte:<�Gt %r�t v�c� Cr2,:c -� / � 1)C3/f . �( �cktic•�!J(t"N XE f %/6rfti� —/ 0r�l x �yS'G Stv 1rt�C�cw C �-•%r��/��'�c.v-f/ �ICG�I�'J�'f';''i / �CaU ,�(:�J ��, C�f�:,r�<f`i�/,�cY l '! 17 �' •,�..�. �'._.� �- L.0�I_...1 9'�Lf'u {'_C.J r`u. �fi�77+.,G-cam' I/��T/ .L�..l-/:.i'-// coq e f o NMI I HO: DARTMOUTH. STREET LID Public Hearing Tabled to 3/26184 City Council Meeting CITY OF TIGARD, OREGON COUNCILAGENDA' ITEM' SUMMARY AGENDA OF: March 12, 1984 AGENDA ITEM #: ' �, DATE SUBMITTED: 3-6-84 PREVIOUS ACTION: ISSUE/AGENDA`TITLE: Annual Renewal OLCC License Renewal REQUESTED BY: Applicants DEPARTMENT HEAD OK: tL'.i" CITY ADMINISTRATOR: z INFORMATION SUMMARY The following applications are renewals. However, PIETRO'S is requesting a "change in privilege" from Retail Malt Beverage (RMB) to Restaurant (R), which does not allow package sales as provided in RMB classification. R PIETRO'S GOLD COAST PIZZA PARLOR " 13405 SW Pacific Hwy., Tigard, OR 97223 DA GAFFER''S PRIME RIB & SEAFOOD RESTAURANT (and addition of new partner) 206 Tigard Plaza, Tigard, OR 97223 a RMB TIGARD BOWL 11660 SW Pacific Hwy., Tigard, OR 97223 ALTERNATIVES CONSIDERED SUGGESTED ACTION Recommend approval and forwarding; to OLCC. � R.B. Adams Chief of Police CITY OF TIGARD,, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: March 12, 1954 AGENDA ITEM #: DATE SUBMITTED: 3-5-84 PREVIOUS ACTION: Annual renewals ISSUE/AGENDA TITLE: O.L.C.C. renewals REQUESTED BY: Applicants DEPARTMENT HEAD'OK: % CITY ADMINISTRATOR: INFORMATION SUMMARY The following; applications are renewals: PS ZOOP`S FOOD WAREHOUSE 12230 SW Main St. , Tigard, OR 97223 RMB PIETRO'S GOLD COAST PIZZA PARLOR 340SWPacific 'Hwy. , Tigard, OR 97223 R GODFATHER'S PIZZA 12286 Sid Scholls Ferry Rd., Ti_xard,, OR 97223 R SAVORY SANDWICH - 2172 Tigard Plaza, Tigard, OR 97223 ALTERNATIVES CONSIDERED ------------- SUGGESTED ACTION Recommend approval and forwarding; to OLCC. Respectfully, R.B.' Adams Chief' o-f Police r� CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY t a AGENDA OF: 3/12/84 AGENDA ITEM k: J DATE SUBMITTED: 3/2/84 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Resolution Revising Pedestrian/Bikeway Plan REQUESTED BY: Frank Currie. Director of Public Works DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY Attached is a resolution revising Res. 74-19 pertaining to the Tigard Area Comprehensive Pedestrian/BicyclePathway Plan. The effect of this revision will add several elements to the plan as follows: S.W. 115th Ave. from S.W. 'Tigard St. to S.W. No. Dakota St.' 4. . S.W. O'Mara from S.W. Frewing St. to S.W. Hall Blvd. S.W. N. Dakota St. from S.W. 115th Ave. to S.W. 121st Ave. S.W. Murdock St. from S.W. 98th Ave. to S.W. 103rd Ave. S.W. Sattler St. from S.W. Hall Blvd to S.W. 98th Ave: S.W. Fonner St. from S.W. Walnut St. to S.W. 121st Ave. provides for `a greenway loop system, and the Genesis Greenway system. ALTERNATIVES CONSIDEPED SUGGESTED ACTION tr — �- Staff recommends Council revise the Tigard Area Comprehensive Pedestrian/ Bicycle Path ray Plan to include the above mentioned routes by the 'adoption of the attached resolution 4 PROPOSED CITY ROUTE PRIORITIES v� PHASEI 92nd from Cook Park to Durham Durham Road from 92nd to Hall Blvd. Hall Blvd: from Durham Road to Metzger Park - S.W. 115th Ave. from S.W. igardgSt. to S.W. Hall Blvd.. North St. - S.W. O'Mara St._f S.W. North Dakota St: from S-W. 115th Ave. to S.W. 121st Ave. S.W. Murdock St. from S.W. 98th Ave. to S.W. 103rd Ave. S.W. Sattler St. from S.W. Hall Blvd. to S.W. 98th Ave. PHASE II Locust St- from Greenburg to 80th 80th from Taylors Ferry to Pine St. Walnut from 106th to 130th Tigard St. from 116th to Main St. Greenburg Rd. from Tiedeman to Pacific Hwy. 95th and Commercial from Greenburg Road to Main St. Ash Ave. from' Frewing St. to Burnham Burnham from Main St. to Hall ,Blvd. Nunziker from`Hall to 72nd Ave. 72nd Ave. from Cherry St. to Pacific Hwy _ Pacific Highway from 65th to Durham Road McDonald St. from Pacific Hwy. to Hall Blvd. 97th from McDonald to Murdock St. --' MurdockBooto FyttoeTualatino Durham Durham:Road from Nall to Boones Ferry - S.W. Fonner St: from S.W. Walnut St to S W- 121st Ave. PHASE I Hall Blvd. from Greenburg to Scholls Ferry Rd. . Scholls Ferry Rd. from Hall Blvd. to S.W. 121st Ave. Taylors Ferry from 65th to 80th Hall Blvd. from Metzger Park to Greenbrug Road Greenburg from Hall Blvd to N. Dakota to Tiedeman to Walnut Tigard Dr. from Tigard St. to Summercrest Dr. to 121st - Pine St. from 80th to 72nd -- 72nd to Pacific Hwy- 121st from Scholls Ferry to Gaarde -- Gaarde to Pacific Hwy Hampton St. from 72nd Ave. to Interstate 5 Bonita Road from Hall Blvd. to Interstate 5 Bull Mtn. Rd. from 161st Ave. to Pacific Hwy Pacific Hwy from Durham Rd. to Tualatin Rd. -- Tualatin Rd. to Tualatin Beef Bend Rd. from Pacific Hwy to 137th PHASE IV Washington Dr. from Hall to Taylors Ferry Scholls Ferry Rd. from 121st Ave. to 135th Ave. 135th from'Scholls Ferry Rd. to Walnut St. - Walnut St. from 135th Ave. to Tiedeman Summer Creek from 135th to Tiedeman Chicken Creek from Bull Mtn. Rd. to Summer Creek Derry Dell CreecificmH 115th to O Marano { cDonaidbutarO�Ma�aPtok�c0onald St. _ Frewing from Pa y' s F7 t PHASE 'IV (con't) - Durham Road from 98th to Pacific Highway Fanno Creek Drainage Greenway System from Scholls Ferry to Durham Rd. 85th Ave. Burlington Northern from Durham Rd. over Tualatin River to Tualatin Road - Tigard Area Greenway Pedestrian/Bicycle Pathway Loop; from S.W. 135th at Summer Creek to Bonneville Power Adm. powerline, south to Bull Mtn.', south to the Tualatin River, east to Cook Park and Fanno`Creek' and north to Durham Road. - Genesis Greenway system .m 4 x. mmmm,a i TIGARD AREA COMPREHENSIVE PEDESTRIAN/BICYCLE PATHWA.' PLAN a 9 r t ..e TIGARD AREA k COMPREHENSIVE PEDESTRIAN-BICYCLE' PATHWAY PLAN r t y Prepared by Tigard Area Pedestrian-Bicycle € Pathway Committee i t; Adopted March 25, 1974 �` .i TIGARD AREA COMPREHENSIVE PEDESTRIAN-BICYCLE PATHWAY PLAN ' The following is a short report regarding the subject plan, written so that the public might better understand the thinking and rationale that is embodied within the plan. CommitteeHistory t ' Briefly, the Washington County Commissioners chose to spend their 1% gasoline tax bicycle-:pedestrian pathway money on areas close to schools. In order to determine the location of these proposed rates, the County requested the Tigard School District to snake a priority listing of desired i . pathways on county roads within the district. The school district assigned its Safety and Transportation Coordinator, Bill Bieker, to the project and a list was compiled. As a result of this work the school district and the € le management of the City of Tigard felt a comprehensive pedestrian-bicyc , plan for the Tigard area was needed. Bill Bieker from the school district and Steve Telfer, city manager, agreed to establish a committee for the purpose . of developing a comprehensive pathway plan and members were selected from each elementary school attendance area. Others who have assisted the committee include Nick Hiebert, Tigard Dept. of Public Works; Wink Brooks, Tigard Planning Director; and Steve Oppenheim, Director of Bikeway Planning, C.R.A.G. Norm Hartman, a Tigard Planning Commissioner, is a member of our commitLee Criteria for Path Selection In determining where routes were to be located, the committee chose the following criteria: ` 1, to reduce hazards that exist on present roads p 2. to provide safe access to schools, recreation areas and major { shopping areas 3. to develop the possibility of walking to school rather than riding, thereby eliminating some school bus transportation 4. to serve the greatest number of potential users 5. to provide safety for walkers and bike riders to summer activities which require transportation by auto p.: I 10M MINE-1 OUR 2 ( 6. to establish pedestrian acces, to mass transportation Routes considered were only within the Tigard School District boundaries. } The'City Planning Staff has recommended additional routes to complete ' our Plan and create a total bicycle-pedestrian pathway system within the 1 Tigard planning area. We have reviewed and'approved the location and phasing of.routes proposed by the`staff. The City Staff's criteria for route selection were as follows: 1, to reflect proposed regional pedestrian-bicycle routing through the Tigard area 2. to reflect the Greenway System proposed in the TigardCommunity Plan .. ;, to provide better pedestrian-bicycle access around and through certain neighborhoods 4, to reflect recommendations embodied in the Ash Avenue-Downtown Neighborhood Plan S. to create better access to downtown Tigard from the Greenburg neighborhood The described route selection criteria were measured against a relationship to major pedestrian and bicycle traffic generators.- These can be grouped into ' t , recreation points, shopping and public four general categories - schools buildings. These are described as follows: (j unior High) (High School) Schools: (Elementary) Durham Thomas R. Fowler Tigard Senior High Metzger Twa lily Phil Lewis St. Anthony's Templeton Charles F. Tigard ` Tualatin Recreation Points Cook Park Shop in Canterbury Square School tennis courts Downtown Tigard Jack Park Downtown Tualatin Metzger Park Fred Meyer Tigard Swim Center K-Mart ._ Twality tennis courts igard Py Tilaza gard P Tualatin Park T Woodard Park WI�shngton Square rJ u Jw ON ''M IIIII J � Public Buildings: Library 3 Old Fowler Jr. High (tentative community center) Tigard Post Office Tualatin Post Office School District 231 school population distribution maps were also utilized in routing the pathways. Recommended Development Phases The Committee has prioritized both the Committee's own route selections and the Planning staff's selections on the basis of public safety. It should be 4 noted that the Committee does not feel that the proposed routing will be implemented in the exact order recommended, but rather some routes will .3 be constructed out of phase and in conjunction with street and park projects. The Committee does recommend the described phasing as project priorities for any City initiated pedestrian-bicycle pathway program.' M t z- 9 1 } E E. t f i I g E' IiERT0��I t va 55 r ..t0 � � .., 1 t {{! •� wOCwraa t! r IL VC•!•f 41 "Y { 111111 � ii■■■ 1 ..t tPrN[ � a �/ Lt _ _ rr•l OC �. ! •O. -� _Mt�Vf PIOn w CO[fPr ♦P 1 raWf ,C •4 _• I - 1. 111 o.w a _ 91 0♦• .S o , a q ryrv. ••4 �yYww(r� n} .4•�i.- � l(.rK Ou,l� � - -- _:� �� I a � 1 - •Ertl• _ _ .P Y tt t ~ •OA '�J�'�y'''I�wln A _ d't•Y •D-. t} O � 4,•r 17nG r �i� i Y s 1 l 'w.ff t 4•L a � 2 C.• rf ♦ .Y t• .C,y • f .�� E j SCrx♦ � - •l C4N.9 V'�r •pt•. Oy` ® a /7 Ctt9f`r 7.: - F ® ,m, ,ao d 1.... L ' ,, �.rte •� i [ova ewl• � ysvas•yt .roe o.• 1 51 . 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Orf F J °•r'L TEcA ID r ` a �;. ^`•7•:.f.:7 LA T1wZ+.I,� .LYURF!%4M 4- T 7L a T'i TM-- 9 ONE _ �l l P.oposed City Route Priorities f 1 Phase I j 92nd from Gook Park to Durham (i Durham Road from 92nd to Hall Blvd. (existing) 1 Hall Blvd. from Durham Roma to Metzger Park Phase II 1- Locust Street from Greenburg to 80th i 80th from Taylors Ferry to Pine St. Walnut from 106th to 130th =;r- x R Tigard St. from 115th to Main St. il —Greenburg Rd. from Tiedeman to Pacific Hwy 95th and Commercial from Greenburg Rd. to Main St. Ash Ave. from Frewing St. to Burnham Burnham from Main St. to Hall Blvd Hunziker from Hall to'72nd Ave. —72nd Ave. from Cherry St. to Pacific Hwy. Pacific Highway from 65th to Durham Rd. --McDonald St. from Pacific Highway to Hall Blvd. ' 97th from McDonald to Murdock St. -- Murdock to 98th -- 98th to I urham 'Durham Road from Hall to Boones Ferry,`-- Boones Ferry to Tualatin ' ain St.) .- Phase III Hall Blvd. from Greenburg to Scholls :erry Rd. Scholls'Ferry Rd. from Hall Blvd. to 121st Ave. Taylors Ferry from 65th to 80th Hall from Metzger Park to Greenburg Road Greenburg from Hall to North Dakota to Tiedeman to �Nalnut < Tigard Drive from Tigard St. to Summercrest Dr, to 121st Pine St. from 80th to 72nd -- 72nd to Pacific Hi(- hway 121st from Scholis Ferry to Gaarde -- Gaarde to Pacific Highway Hampton St. from 72nd Ave. to Interstate 5 y —Bonita Road from Hall Blvd. to Ir.'terstate 5 -Bull Mtn. Rd. from 161st Ave. to Pacific Highway t Pacific Highway from Durham Rd to Tualatin Rd -- Tualatin Rd. to Tualatin �[ Beef Bend Rd. from PacificHighway to 137th i [ 5 r Phase 1V i Washington Dr,. from Hall to Taylors Ferry Scholls Ferry Rd. from 21st Ave. to 135th Ave. -- 135th from Scholls Ferry Rd. to Walnut St. Walnut St. from 130th Ave. to 135th Ave. ` Summer Creek from 135th Ave. to Tiedeman Chicken Creek from Bull Mt. Rd. to Summer Creek Derry Dell Creek from 115th to Walnut (and tributary to Park) 1. Frewing from Pacific Highway to_O'Mara -- O'Mara to McDonald St. Durham Rd. from 98th to Pacific Highway , _ Fanno Creek Drainage Greenway System from Scholls Ferry to Durham Road 85th Ave. Burlington Northem from Durham Rd. over Tualatin River to Tualatin Road a .k , E . 5 6L m. ADDENDUM I m K-M, � t r� Nn..c w cONNTTE Ea '.,. PAT W,ITIN C. .vxJ 5[55'0 {1€ a x c . .u u•. r rw. n. c • 9Txxl E uut o u . ,. � w.v neo:•... c »co» i.. r,w E o a c cwca - � a nn a wc.a <u HOUSEOF REPRESENTATWES s eov__11 armor.ao..w .c. _ SALEM. T."Fow OREGON su.co»N. o»6..... c.: 97310 rcw»r w vwu s..ram co.c».re»mon March 30, 1974 17 Washington County Commission County Courthouse Hillsboro, Oregon 97123 -Dear Commissioner In coordination with our Pedestrian-Bicycle Committee of the Tigard area, families and school children of;the Tigard, Tualatin`, hietzgar, and Garden Home areas and the cities of Durham and Tigard, I hereby request your review of the community bicycle. proposal now before you. Through ext^nsive `review by many groups of people, community leaders,`and families ti:at are participating in the support of safe and adequate fhot path and bicycle facilities through our adjoining communities, schools, and neighborhoods, the proposal here-adopted is a result of thoughtful consideration of population densities, the need for such accomodation, and the location of businesses, schools, and recreational facilities. Extensive support of a major 'bicycle route along -Hall Blvd, to connect with other inner-community routes is overwhelming. I have received hundreds of signatures by petition and letters from adults and children asking for community bicycle path facilities that compliment exisiting 6 routes of community travel. I have just recently received a number ')f .: individual letters from elderly members of our community drawing attention to the fact that traffic hazard situations are paramount in our densely populated area where increasing vehicle and truck travel is the norm. '' given of their time, ex ertise, and dedication Many insividuals who have b F� to community health and safety and citizen participation over the past year have diligently considered various routes and proposals. llrrough I e:aerr:;tve study and analysis they have. evolved a comprehensive proposal that-compliments man's needs and community participation as well as community accessability. The proposal herewithin represents a community concensus. As State Representative of House District 7, Southeastern Washington County, I do hereby support and uphold the Pedestrian-Bicycle Pathway Committee r proposal and request your favorable adoption and passage of its concept. Respectfully yours, Pat tchitin g State Rcpres ntat !incl: copy Of conMluniyuc to Oregon I'sxccutivc Dept. f "AY VISITING [op.+vn Ezs bIZ2 sw Ep♦twUw...rTw ,,IAwUJ Y•Aap 'Op Cou"Y- L �C N' ^ QIT♦wl<r T La A HOUSE OF REPRESENTATIVES 5 YU GO +TTCt: • C_ L o'5TAT<GOY- Ta SALEM, OREGON s aeop«ITTee on Enucr • T s<Fowc« ^ 97310 Pcwplr A—ROYAI ararc.. Co.CMAI"wAp t November 7 , 1973 The Honorable Tom McCall Executive Department Oregon State Capitol Salem, Oregon 97310 Re: Bicycle path needs in Tigard Community 1 � Dear Governor McCall : For several months I have had the opportunity to observe a �~ dedicated group of people in the Tigard area.-who are con- cerned about the hazardous traffic conditionsandthe need for bicycle paths in the dense living areas between .`Metzger and Tigard. Tigard, one of the fastest growing, urban areas in thee. Wllamette Valley, is a community caught between othbri expanding- communities and a major-city 'comp'lex. It is experiencing high traffic hazard situations, lack of inter-neighborhood movement due to the increase in cross ffF traffic, truck usage, and density. The Pedestrian-Bicycle Pathway Committee in Tigard and Metzger , which is composed of school children, parents, teachers, and community leaders , has researched the need for alternate transportation facilities . During many months of deliberation and public meetings the committee has researched various potential routes for needed bicycle and foot paths . They have met with our Oregon State Highway Department and County and City- officals . _. Basically, three routes have been considered, namely, State highway 217 proper, Fanno Creek and Hall Blvd . y State Highway 217 is not an inter-community route, it does not connect our many community schools , and it is void of easy access to neighborhoods which are not directly adjacent to the highway. Therefore, Highway 217 is not: an adequate community bicycle route and would not serve the 'needs of the communities. regarding traffic safety and recreational accessibility. ::n i all X E ` Fanno Creek, which is an important POtO."tial inter-city greent:ay_ and recreational area bY-Iasses the Metzger School area where a great number of children reside and attend i ' school. Possibly it would not be available for bicycle rid- ing activity in the winter months due to potential flooding. ' Also, Fannno C"rcck would not be accessable to the Northeast } ,! section population because they are geographically seperated I by Highway 217 Fanno Creek preservation is ;desperately needed for recreational and travel facilities , however, there is also an impending need to establish a solution to alternate inter-community transport- ational needs. Hall Blvd.,s the main route connecting schools , homes" family shops, and businesses from Metzger Elementary and Tigard " E Senior High. Hall Blvd, also connects our: few community recreation sites, specifically, the Metzger Park now gaining community attention for possible renovation of its club house and Gook Park next to Tigard High which is also the locati-arn s of our swimming pool open to the community.; The PedestrianBicycle Pathways Committee is familiar with the various travel routes and they have children using the area, shops, and schools. Threfore, they greatly support,and recommend , thadt flail Blvd be given priority as the community I bicycle path route. As State Representative of House District 7, I support their request. ._, Enclosed for your review are petitions and letters from children attending Metzger, Lewis, and Templeton Elementary Schools and Tigard High School. which are merely a sampling M of the 707 signatures and 246 iiLdivdual letters that have ' been sent to me. I am more than happy to share them with you at your convenience. If 1 can be of assistance to you regarding information as to the necessity o,f a bicycle path along Hall Blvd, please do not hesitate to call upon me. Sincerely yours , Pat Whiting : State Representative C CITY OF TIGARD, OREGON RESOLUTION No. 74 - _ RESOLUTION OF THE TIGARD CITY COUNCIL ADOPTING THE TIGARD AREA COMPREHENSIVE PEDESTR°IAN-BICYCLEPATHWAY PLAN. WHEREAS,r there is a need to provide facilities for an increasing number of pedestrians and bicyclists withinthe greater Tigard area; and S` WHEREAS, there is a need for a comprehensive pedestrian-bicycle pathway plan to coordinate and guide public expenditures_ for such facilities; and VHEREAS, - the ,implementation of the subject plan will reduce hazards to i ' pedestrians and bicyclists on existing streets; provide safe access to schools; eliminate the necessity of some school bus transportation; provide safety to pedestrians and bicyclists to summer activities normally requiring access by automobile; as well as provide safe access to mass transportation . LL facilities; and WHEREAS, ' said: plan 'map and priorities were recommended to the City Council by the Tigard Planning Commission at said Commission's February 5, 1974 meeting; and WHEREAS, said plan was presented to the City Council at said Council's � regular meeting on March L1, 1974 and discussed at said Council's E; � study session on March 18, 1974. NOW, THEREFORE, r BE IT RESOLVED, by the City Council of the City of Tigard that the Tigard Area Comprehensive Pedestrian-Bicycle Pathway Plan be and tr.e ssme .s hereby adopted for the purpose of coordinating and guiding public and private expenditures for pedestrian-bicycle facilities. APPROVED this .. , /� ' i day of ! .< ; .- „ , 1974_ !; Mayor 17 ATTEST: y.: -------------- City Recorder NHIMOWNMRffl- t CITY OF TUALATIN 1 r«rwa rawer br r«a acwurouL � TUwlA rrq VwLLa Y' OREGOtd 97062 t March 18, 1974 r Ms. Beth H. Bishop, Secretary Tigard Area Pedestrian -- Bicycle Committee 1375 S.W. ' Varnes Tigard, Oregon 97223 ' Dear Ms. Bishop: The Tualatin City Council, at their March 11, 1974 meeting, approved your committee's revised 'Tigard Area Comprehensive Pedestrian' -- Bicycle Pathway Plan.: .y It should be noted that part of the pathway on S.W. Boones Perry Road between S.W. Nyberg Street and S.W. r Killarney Lane 'in Tualatin has been completed by the Oregon State Transportation Department and the portion €' of S.W. Tualatin Road between S.W. Nyberg Street and S.W. 103rd is now under construction by the City with I completion expected this summer. It will be the City's continuing policy to require developers of land along the pathway system to install that portion of the system in lieu of sidewalks. 1 Very truly yours, j � J Yvonne L. Addington City Administrator YLA:djh r I � r - j t( } I A I a 4 t� t o f hing Citi' i 15390 S.W. 116th Avenue Portland, Oregon 97223 Pebmary 25 1' To: The Tigard Area Co.mittee or_ At the reCular Council meetin o. _ r._u_s� :: ;, 1_''i-`. ' :aps information relating to the proposed the Tigard exec .-,ere displayed and oiscuzs-.cl. F Concensus of those present includirZ Council rne'ioers and aud– ience indicated general approvalas to concept .)id specific_ll,, as to the initial prase proposed. !-lotion as =dc aal p sed'b-: M . the Council to express approval of the pro po,.al suc...t.ted.r`—t-- is _reminded, hos,ever, that neither pudic funds or property of the City are available for construction or ^zir.tenericc of hike/ _ pedestrian tk=th;gays. --� �-----p —,� �............... Very truly yours, James T. . 1 �oU.:Jll j -J _ n Ll ( ilACt"r 7f :t; tP J Cis CO r`cc r:i to f')C1. ~:1 t? F. Cris _ h, COC:.,1f1t11P. '—, ?lterrmte_^1 3r C. r• „t,F.orta _O-- ._ur_,.:; and tr..t b)ic cies ,;re t'.:u sach alt•:razt2 !-'-'o ;:!s; :n '.%'HP l:", r.:^.r? 15. `lr`Pilg r r r i, C•T, ci`-.r✓,V: sucnl r, for a + n_1•ystr..or�G1C,/C�'3 J^ti' CO i)•Ov), la a s7-,Fp north-south trar'c ,Cr at-;nn route FO:' '.!F!! ��,.:. - ---q1.'eCt: Q q.:d il'C;JCi.i.nF• 7'12':A.^.1 area, Y ;Ply" ars , !'etz.._r iraa. and oth-�r surrcund n2 -treas, '.r 1 r , .n�•t , t' :ld itt ov i+{, rt conn^.-t i< n ti'ttf.•.�rt l.v.r., :,n'J _ " ..;,...1 'a ' .,, ,I..v:+,•.t 1':u•il it i:: •tn• tl.. 1'i,r. • ,ort : nu constricttion of a 1 Cr. : 7•lr h..r t Co raC i' ::y1 � _ it ' St- .,t!�,. ;•ri �F`ta',y c;, �i n •l,,tarr frc^.t `tt :nV C71? to ,r.tr t ::n=:cl t "+rt ` �rmore; ur:'?s r t tto ��.-;n a „ t, tl t;' surve:! O• t tq nr.t,:n.^.eri ..1P. ,id1V '•'.t. .O't r,-)u te. I llt° ,1•,y ter' Tnr:u +ry _+ + r r` h 4'1 , ME IN NIB 1 Y1 �! SCHOOL DISTRICT 23J ADMINISTRATION OFFICE 13137 S.W PACIFIC HIGHWAY TIGAnO. OREGON 97223 Area Code;(503)(639-3158 February 21, 1974 1 � t To Whom It May Concern: d „ The Tigard School Board of Directors at their meeting of Octcber 4, 1973, received and took affirmative action to support the Tigard Area Comprehensive Pedestrian-Bicycle Plan, Bicycle paths and walkways are of critical concern L o the district both from the standpoint of student safety and economics (if more walkways were developed, less school busing would be necessary). `) The school district would recommend that every effort be made to immediately implement the development of bicycle I paths and walkways in this community. f I Sincerely, TlCPRD SCHOOL DISTRICT 23J De lb e r t Fennell,1Superintendr--nt s rn a !.d CiTY Y OAF' TIGA,D ~' P. 0. Box 23557 12420 S. W. Main Tigard, Oregon 97223 r-- f�arch 26 1974 Dear Sirs Please ,be advised that the Tigard Citizen-Police Community Relations Council has reviewed the Pedestrian-Bicycle Co ijorehensive Plan and endorses it as a definite-.imProve- mer,t to the safety of the Tigard area citizenry. Very truly ,yours, Chuck .S; muels Chairman, Tigard ,Citizen-Police Community Relations Council - � P. O. Sox 23557 ' 12420 S. Pe. Main Tigard. Oregon 97223 March 26, 19 - Dear Sirs: Please be advised that the Tigard Part: Board has reviewed and endorsesthe Pedestrian-Bicycle Plan as prepared by the Tigard Pedestrian-Bicycle Committee. t It is `elt that the implementation of the plan will result " in .increased' safety and will enhance the viability of the Tigard Park System. .. Very truly yours, M. C. Crittenden Chairman, Tigard Park Board Mc/al t"" IN 1 111:11 R 11.3 Finance Director Relocation Resolution Deadline Extension . y Pulled - to consider on 3/26/84 y� CITY OF:TIGARD, OREGON t COUNCIL AGENDA ITEM SUMMARY AGENDA OF: March 12, 1984 AGENDA ITEM #: 11. 3 DATE SUBMITTED: March 6, 1984 PREVIOUS ACTION: Ordinance amending ISSUE/AGENDA TITLE: iFINANCE DIRECTOR- code was adopted. RELOCATION EXTENSION REQUESTED BY: JERRI IDNE DEPARTMENT HEAD OK. CITY'ADMINISTRATOR: J INFORMATION SUMMARY Pursuant- to TMC 2.06.030 the City Council at its discretion may extend the time limit for residency requirement for a department head if they have` made'a demonstable effort to comply. Jerri Widner, ;Finance Director has had her house on the market since June, 1983. She has tried selling it herself at a price of $73,500, then a 'realtor listed it for ,her at $70,500 and now she is advertising with Real Estate By Owner at $67,500. To date one couple have looked at the home and several telephone calls have been received. But no one has been interested in purchasing the home. She has made an effort to comply with the TMC, but is not monetarily able to move without selling,,her current homeandbuying,one .in Tigard. In addition, Miss Widner has contacted property owners and builders in Tigard with possible trades, leases or builds. But without the monetary ability, the contacts have been fruitless. t : Her residing in Gresham has not impaired her ability to perform her job, nor havetheweather conditions stopped her from getting to work. The purpose of this memo is to request an extension of the timeline for residency. Findings: I. Miss Widner has made a demonstrable effort to comply, however the soft economic market has delayed the selling of her home. 2. Miss Widner has been able to perform all of her duties and has not ; missed any work due to her residence in Gres%am. ALTERNATIVES CONSIDERED 1. Terminate employment April 1, 1984. 2. Grant an extension to the residency requirement. 3. Rewrite the T14C eliminating the residency requirement. SUGGESTED ACTION It is recommended that the timeline for residency for the Fingncc Director be extended until either her home sells, or until living in Gresham impairs her 1 ability to perform her duties. JLW:ms (0162F) �, CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY .AGENDA OF: 3/12/84 AGENDA ITEM #: DATE SUBMITTED: 3/3/84 PREVIOUS ACTION: N/A ISSUE/AGENDA TITLE: Affirmative Action Report 1983 ' REQUESTED BY: Personnel Director DEPARTMENT HEAD OK: : -- CITYADMINISTRATOR: k'.esYk:e:ksYlrk�e�Y:ask�tirYieaYxx�Y>ti:F�sY�Y�x�'cx�Y�Y�t�ksY:szYx�;est�YaY.a4es':�kx�Y�x'.exk�:�xaY�ck�`.aY�:�:Y��Y °kick�sY�kX�°r:e INFORMATION SUMMARY The fifth annual status report of the City of Tigard's Affirmative Action Program'examines the City's efforts to establish parity of representation in all departments and classifications. The report also shows what efforts the City is making to promote the full utilization of the capabilities of all employees of the City. The City of Tigard has not met the numerical goals it ff- established in its five year parity program because of lack of manpower need t. and fiscal constraints. These factors have necessitated the periodic adjust meat of target goals and timetables. This report shows that by establishing 3 goals and timetables, the City is making a good faith effort to achieve parity in its workforce and at the same time, identify the candidate who can success- full-y- perform the job. The target goals of the City's Affirmative Action Plan rte_____ include: the introduction of one female and one minority in the Service Maintenance job category; one female at the Technician level; one female in the Protective Service Worker category; one female and one minority in the Skilled Craft job category; and one minority in the Paraprofessional category. �ati�cata�aYkaYatakakkaYaY4:�tk��Y9cir:ix:e�Y4cyY�z::::c�xxs'r��YaL•:k�eaY�rar�t�k��'c�Yr�Yie4e�tsYisae�csR:r�'c��sY::�:4e�k'.'s�r:F�YiexaYsYsY7Yksk ALTERNATIVES CONSIDERED N/A -- s'cz13e$sat'aksk'.Y'ate'earaY's'NSz1kaY�esY�Yssi'hfex'�r�'cusrae�catsY4r'*�;:t�Y'ikka�'xstk'�S'�eh�c4s'a'c�kit�tstsYaYSYirfC'f:iex't-4'drsxat�;x'r�e5ti�::'&4cu'ieyk��tsrat SUGGESTED ACTION The City Council receive and file the. 1983 Affirmative Action Report. 4 (0359p) t 5F i E 4 { CITY OF TIGARD AFFIRMATIVE ACTION PROGRAM FIFTH ANNUAL STATUS REPORT FEBRUARY, 1984 I . g a ^ g Prepared by: Mark Gervasi, Administrative Intern 6 � WE tomffm -.a k5 F 4 3� PREFACE City of Tigard Resolution 79-37 was adopted in response to a perceived need to "redress the effects of past'discrimination, , insure that no _discrimination occurs in the future, establish parity of representation in all departments and classifications', and- promote ;the fullutilization of the capabilities of all employees of the City." The resolution further established the format for a program to monitor all ' personnel policies and procedures to assure non-discrimination, to actively encourage the full development and utilization of all employees of the City, to take special steps to attract qualified minority and female talent to the City, and to establish target goals and timetables through which progress can be monitored. In displaying a concerted effort toward the goals stated in Resolution 79-37 the Fifth Year Report evaluates the City of Tigard's success in implementing the; Affirmative Action Program, re-evaluates the previous` goals of the program, and establishes further' recommendations to insure that the targeted goals will be achieved. The Fourth Year Report was not:written due to workload, budget constraints and layoffs. - i - W: OWn DEVELOPMENTAND IMPLEMENTATIONS OF FIVE YEAR PARITY PROGRAM { The overall goal of the Affirmative "Action Program is to achieve, within a ;years, a minority and-sexual balance in the City's work force. period of five The employment composition of the City will then.reflect the representation of minorities and females in the reasonable recruitment area of the City of Tigard. In order to achieve this goal of a' balanced work force, target goals and timetables have been established. A target goal isthenumerical increase in minorities and women needed to achieve parity with the availability of;talent in the reasonable recruitment area of the `City. A timetable is ,;a designated increment of time, during which the City strives toward the achievement of parity. '' Establishing goals and timetables indicate that the City is making practices to achieve parity. every good faith effort to amend employment The Affirmative Action Program adopted by the City states that in no instance will an underquali€ied candidate be placed in a position to meet target no preferential hiring standards for minorities goals. Further, there will be and women. The City may ,be restricted in the implementation need, of the Affirmative Action 'Program by fiscal constraints, manpower need, and the availability of qualified applicants. These > factors may necessitate the periodic adjustment of target goals and timetables. gree In the distribution` of target goals,, job categories having,Otthehighest categories shave of underutilization have been identified. In addition, j the highest percentage of requisites'nillcd 'rauo;Lties and women in the reasonable ;recruicment area were considered. The goal distribution was amended slightly from the timetable set for 1981-82. Target goals include the introduction of one female and one minority in the Service/Maintenance job category; one female at the Technician level; one female in the Protective Service Worker category; one female and one minority in the Skilled Craft job category; and one minority in the Paraprofessional category. (Appendix I Goals and Timetables Analysis) The City of Tigard has not met any of the numerica3 goals in years four and five o£ the Affirmative Action Program. Availability of women and minorities with requisite skills has continued to increase. The factors of increased availability and representation in the population of women and minorities has combined to a point where the City needs to take a more vigorous approach in recruiting and selecting qualified women and minorities. As a corollary goal, all handicapped applicants shall be given equitable consideration for p11 positions and shall be evaluated solely on the basis of minimum qualifications. Special accommodation will be made whenever possible. r l AFFIRMATIVEACTION PROGRAM ' GOALS AND TIMETABLES 1983-84 JOB GROUP AVAILABILITY NUMERICAL ANNUAL GOAL Female Minority Female Minority Officials/Adm. (29%) (0%) 0 0 20.1%* ' 2.9%* �r Professional (42%) (0%) 0 0 31.6%* 4.2%* Service/Maint. (0%) (0%) 1 1 10.8%* 6.8%* Skilled Craft (0%) (0%) 1 1 6.4%* 3.5%* Technician (0%) (0%) 1 0 15.7%* 4.4 * Office/Clerical (95%) (0%) 0 1 ' 98.3%* 5.2%* Paraprofessional (100%) (0%) 0 1 ' 70.5%* 5.2%* 3 Protective Service (0%) (0%) 1 0 7.4%* 2.7%* KEY ( ) City of Tigard Work Force * Labor Force in Reasonable Recruitment Area (SMSA) TABLE 3 } E GOALS AND TIMETABLES JOB CATEGORY UNDERUTILIZATION YEAR 5 YEAR 6 YEAR 7 ' FEMALES/MINORITIES 1983-84 1984-85 1985-86 Protective Service Wkrs. X X 1F 2F/lM 1F Professional X Officials/Administrators X Service/Maintenance X X 1F/1M 1F 1F Skilled Craft X X 1F/1M Technician X X 1F 2F 1F Office/Clerical X Paraprofessional X IM 2 - AIM Rii FIVE YEAR PARITY PROGRAM �. AMENDED 1983-84 TOTAL EMPLOYED MALE FEMALE MINORITY YEAR 1 1979-80 Target 61 40 21 0 Parity 35 , 26 3 YEAR 2 1980-81 Target 64 42 22 0 35 29 3 `Parity YEAR 3 1981-82 Target 74 ` 48 26 1 41 33 3 Parity' YEAR 4 1982-83 Target' 71 45` 26 3 ` 40 31 3 Parity YEAR 5 1983-84 Target 77 49 28 4 Parity 43 34 4 f M 3 IDENTIFICATION OF PROBLEM AREAS RECRUITMENT The goal of recruitment is to insure that the broadest range of qualified applicants are made aware of ;job opportunities with the City. Recruiting efforts should secure a composition of applicants by sex and minority status s equal to the composition in the reasonable recruitment area of requisites skilled persons.' Outreach recruitment efforts are designed to tap populations of 'females and minorities that may be unaware of conventional jab advertisements. FINDINGS A o Data is being kept on recruitment sources. ,C o Recruitment efforts include advertisements in the Oregonian and Tigard g Times. Also, notices are placed with the Oregon State Employment Division ' and Oregon Human'Development. o All advertisements contained the phrase, "An Equal Opportunity Employer, ' S M/F.'° o The Police Intern Program continues tobe successful in attracting female` participants. o The City has established a targeted' position mailing,list. See Appendix A. APPLICATION ' The City of Tigard application for employment is used to provide a standard format on which a candidate's skills and work experience are recorded and evaluated. The application also serves to monitor applicant flow data. The goal in application is to have a composition of applicants by sex and minority i status reflect the composition of requisite skilled individuals in the reasonable recruitment area. FINDINGS o The employment application supplement is being completed by applicants and retained for data collection purposes. i o The retained police application file is being referred to when vacancies . occur prior to external recruitment. SELECTION AND PLACEMENT The goal of the selection process is to identify the candidate who can successfully perform the job, The selection process should be mapped out prior to recruitment to insure that all individuals are competing against identified criteria and therefore, eliminating any Possible discrimination. ' ��. All placement and rejection decisions should be based on legal procedures, documentation and justification. Selection procedures should not adversely . impact protected classes. ri -Oman=,I FINDINGS t 0 Sixty percent of all new hires for permanent, full t'....epositions were female while 40% were male. No minorities were-'placed in full-time employment. However, one minority was rec.-iced and " selected as a part-time, temporary Planning Interna,. ___: 983. o Rejection data is being collected by the Personnel Officer. 0 All new hires met the designated minimum qualifications for the positions they were recruited for. TRAINING Training opportunities are designed to maximize an employee'spersonal growth and 'professional development. Opportunities to participate in classes and workshops should be available to all employees on an equal basis. FINDINGS 0 64% of all full-time, permanent employees received .training during 1983. a 70% of female employees and 60% of male employees received training. uraged to participate in training which develops o Employees are being enco present skills. e ` 0 71% of the budgeted funds for training were expended in the 1982-83 fiscal year. See Appendix L. o - 74% of the budgeted funds for travel and subsistence in the fiscal year 1982-83 were expended. See Appendix L. JOB ANALYSIS i Job descriptions set standards in which an employee's performance can be _ evaluated.. Job descriptions should reflect work activities, level of skill, expectations of performance, and the minimum qualifications necessary for successful entry into positions. FINDINGS o Job descriptions have been drafted for the Assistant Finance Director, Captain in the Police Force and the Police Support Services Manager. E INTERNAL MOBILITY The purpose of monitoring internal mobility is to insure that promotion, ` transfer, and salary increase rates do not indicate ,an unequal effect upon protected classes. Internal mobility in an organization should also insure that the talents of current employees are identified, developed, and utilized as vacancies occur. No discrimination should occur in the selection of P, candidates for promotion and transfer. 5 v e FINDINGS o Evaluation of salary increase rates reveal a slightly`: higher rate for females than males. o Females were promoted at a higher rate than males. o Promotable employees continue to be identified and tapped when vacancies occur. o The Personnel Officer is presently utilizing;a standardized record keeping system on all employees who are involved with promotions, separations, and training. TERMINATIONS A record of terminations is being documented and kept with the Personnel Officer. `' Furthermore, each employee is required to fill out an Exit Interview and Separation Clearance form which includes type .of termination and the reason for termination. The goal of monitoring termination:rates is to insure that such rates for protected classes do not indicate a disparate effect. FINDINGS : o Terminations for females were at a higher rate (18.5%) than males (8%). o Of the nine terminations during 1983, two were layoffs from permanent full-time positions, seven were resignations and there were no dismissals.' o Layoff Resignation Dismissal Male (1)* 2% (3) 6% (0) 0% Female__ (1)** 307% (4) 14,8% (0) 0% TOTAL (2)F** 2.6% (7) 9% (0) 0% Percent- of all male employees. * Percent of all female employees. x Percent of all employees. 6 s Y1 lN IMIMI - S DISCIPLINE E 1 It appears that discipline is being administered fairly and uniformly in all departments according to prescribed procedures. FINDINGS 0 In . the Police Department, there were four internal investigations performed on male employees; three of which :were sustained and accompanied by a writtenreprimand. Furthermore, there was one delayed merit advancement of a female employee because of not meeting prescribed job a performance goals. o In the Public Works Department -there were six disciplinary actions taken; all against male employees. Four (do-) were for conduct reasons and two _(2) were for work performance reasons. Two of the six disciplinary actions resulted in a written',reprimand. COMPENSATION The goal of monitoring compensation is to insure that equal wages are paid to all persons performing work requiring equal skill, effort and responsibility under similar working conditions. All -fringe benefits >should be equally available. FINDINGS 0' The average salary for females ;is $1552 per month and the average salary - - for males is $1882 per month. 0 65% of female employees earn at or below $1550 per month while 20% male employees earn at or below $1550 per month. 0 Male and female employees in the classification of Clerk Dispatcher were paid equally. 0 The City's work force continues to be segregated by sex: onlymales occupy positions as Police Officers, Utility Workers, Engineering Technicians or Building Inspectors. o See Appendix I for Salary Comparisons. GRIEVANCE PROCEDURES Grievance procedures are available to make certain that adequate and fair in-house hearing formats exist for the resolution of grievances. FINDINGS o No grievances were filed by TMEA, TPOA, or individuals alleging discrimination. . 7 _ o Noticethat a grievance procedure is available and is stated on the supplement to the City's Employment Application. INTERNAL DISSEMINATION OF POLICY o Continue to publish articles covering _.EEO programs, progress reports, , promotions, etc. ' of minority and female employees, in the City's newsletter, on City bulletin boards and in "Tigard Update". o Continue to discuss the City's EEO policy thoroughly during new employee` 'orientation periods. o Continue to schedule special meetings, on an annual basis, with all employees to discuss ; EEO ; policy and to explain individual employee ' responsibilities. EXTERNAL DISSEMINATION OF POLICY o Continue to send written notification of the City's EEO policy, on an annual basis, to all vendors, suppliers and contractors. o Continue to notify all interested -Civic groups and future labor sources on an annual basis. g MINE I FAA— RECOMMENDED ACTION TO ATTAIN GOALS AND TIMETABLES t RECRUITMENT o , The Employment Application Supplement now 'includes a section identifying recruitment source. oRetain a copy of advertisements in recruitment and selection files. r o Continue to use the Police Intern program and the `pool "of Reserve Officers as a recruitment tool. o ' Continue to sensitize Department Heads and Supervisors in regard to appropriate and consistent recruiting procedures illustrated in the Supervisor's Handbook and the Personnel Manual. o ' Continue to explore new recruitment sources and update targeted positions mailing list. APPLICATION o Continue to collect data on the Employment Application Supplement. o Continue to refer to the Police Retained Application file as vacancies occur within the Police Department. SELECTION AND PLACEMENT o Complete adverse impact summaries on each position. o Require supervisors to determine the selection process prior to recruitment. o Require supervisors to document that selection methods have been consistently applied. o Encourage supervisor training in legal selection methods. INTERNAL MOBILITY o Continue to monitor promotion, transfer, and salary increase rates by sex and minority status. o Monitor the minimum qualifications required for a position to insure that these requirements do not have an adverse impact on protected classes. o Encourage the development of skills to qualify for promotion. o Encourage exposure to non-traditional job opportunities for women by holding an open house, a coffee, or a tour of the Engineering, Public Works, Building, and Police Department. 9 10 1 ISM LW s RECOMMENDED ACTION TO ATTAIN GOALS AND TIMETABLES (cont.) o As departmental expansion occurs, create entry level positions' particularly in Planning, Building, and the .Police Department to provide' additional avenues for advancementopportunities. JOB, ANALYSIS o Continue to monitor and revise job descriptions' using a format which specifies knowledges, skills, abilities and minimum qualifications. o Update career ladder information.` TRAINING o Continue to monitor participation rates. o Continue to encourage supervisors to discuss training needs with employees during the Performance Review process. o Continue to inform employees of the need to document rejected training requirements. o Provide training to all managers and employees on identifying and -coping g with discrimination and sexual harassment in the work placF TERMINATION o Continue to monitor termination rates. o Continue to have supervisors conduct exit interviews with all terminated employees as outlined in the Personnel Manual. o The Personnel Officer will continue to analyze termination ratee which will include a breakdown by job category and department and an evaluation of resignations. DISCIPLINE o Continue to monitor disciplinary actions. o Notify employees annually of the Disciplinary Appeals process. o Record all disciplinary actions (except oral reprimands). COMPENSATION o Monitor fringe and salary benefits. o Supervisors should, on an ongoing basis, provide advancement opportunities and career development to the Office and Paraprofessi.on.al empl,Dyees. - 10 - RR RECOMMENDED ACTION TO ATTAIN GOALS AND TIMETABLES GRIEVANCE PROCEDURE o Continue monitoring grievance procedures. o =.Insure that all employees :are aware of grievance procedures through-; periodic notice. o Train EEO Counselors in the .grievance process. INTERNAL DISSEMINATION OF POLICY o Notify employees of the EEO policy and the Affirmative Action Program by June 1984. o Notify employees of the EEO Counselor's names and duties by June. o Notify employees of the grievance procedure by June, 1984. EXTERNAL DISSEMINATION OF.POLICY: o Notify all suppliers, vendors, and contractors of the City's EEO policy by June, 1948. o Notify all employment referral and recruitment sources by June, 1984. a Notify all interested civic groups and future labor sources by June, 1984. a -- 11 - f , WORK FORCE ANALYSIS According to 1982 State of Oregon Employment Division Labor Statistics for the Portland "StandardMetropolitan . Statistical Area (SMSA), the immediate labor area is comprised of 44.7%- women and 4.8% minorities. In comparison, the City of Tigard's work force consists of 36% women and 0% minorities. SMSA LABOR FORCE DISTRIBUTION* FEMALE MALE White Minority Total' White Minority -Total 42.6% 2.1% 44.7% 52.6% 2.7% 55.31 " * Data Base: 12/31/82 CITY OF TIGARD WORK FORCE DISTRIBUTION FEMALE MALE White Minority Total White Minority Total 36% 0% 36% 64% , 0% 64% Data Base: 12/31/82 The current composition of City employees indicates an underutilization of women and minorities. (Appendix F) Males dominate the technician, protective service worker, service maintenance, and skilled craft occupational groups. No minority workers are currently employed with the City. However, minority and female talent is available in all job categories as illustrated in the availability analysis. (Appendix 11) 1.2 APPENDIX A h RECRUITMENT SOURCES Targeted Position Mailing List Access Enterprises Japan-American Society -Oregon State Employment 610 S.W. Broadway 1824 S.W. 5th Division Room 206 Portland, OR. 97204 1407 S.W. 4th Portland, OR. 97206 Portland, OR. 97201 American Association of Job Bank I Augustana - Portland Town Council University Women Lutheran Church 408 S.W. 2nd 4050 S.E. Gladstone #16 2710 N.E. 14th Portland, Oregon 97204 Portland, OR. 971,202 Portland, OR. 97212 American Civil Liberties Men's Resource Center Tigard Area Chamber Of 534 S.W. 3rd Avenue 3534 S.E. Main Commerce Portland, OR. 97204 Portland, OR. 97204 12995 S.W. Pacific Hwy. Tigard, OR. 97223 American Legion Post #158 NAACP Tri-County Community Council 11578S.W. Pacific Hwy.> 2752 N. Williams Ave. 718 W. Burnside Tigard, OR. 97223 Portland, OR. 97227 Portland, OR. 97209 -Center for Employment National Alliance'of Urban League of Greater -Draining Businessmen Portland Oregon Human Development 921 S.W. Washington 718 W. Burnside Corp., Portland, OR. 97205 Portland, OR. 97209 10500 S.W. Cascade Blvd. P.O. Box 23086 Tigard, OR. 97223 Centro Cultural N.W. Minority Contract Assn. Woman's Way 110 N. 11th 10-N.E. Graham % Presbyterian Church a OR. 117 12250 S.W. Denney Road Cornelius, OR. 971'13 Portland, i•«-1,<0 Beaverton, OR. 97005 Pilipino American Assoc. Oregon State Employment Women's Center 8917 S.E. Stark Division Clackamas Community Col. Portland, OR. 97216 8140 S.W. Half Blvd. 19600 S. Molalla Beaverton, OR. 97005 Oregon City, OR. 97015 Attn: Sydney Piper Institute for Professional Oregon State Employment Women's Job Bank and Managerial Women Division YWCA 310 S.W. 4th 229 S. lst 1111 S.W. 10th Portland, OR. 97201 Hillsboro, OR. 97123 Portland, OR. 97205 (0350g) _ 13 _ SAW4 1; APPENDIX B POSITION SELECTION PROCESS w Clerk Typist III (1/3/83) Preliminary screening ofapplications ' Interview Typing Test Public Works Crew Chief (4/4/83) Preliminary screening of applications , Interview Finance Director (4/18/83) Preliminary screening of applications Written Examination Oral Board Interview Office 'Aide (Accounting) (4/25/83) Preliminary screening of applications Interview *Graphics Aide (6/6/83) Preliminary screening of applications Interview *Administrative Intern (7/1/83) Preliminary screening of applications 'Interview �- *2 Planning Aides (7/21/83) Preliminary screening of applications Interview Library Aide (8/12/83) Preliminary screening of applications Written Test Interview 2 Police Officer (8/16/83) Preliminary screening of applications Written Test LGPI Physical Agility Oral Board Background Investigation Interview with Chief Public Works Helper (8/18/83) Preliminary screening of applications Interview Secretary/Receptionist (10/1/83) Preliminary screening of applications Interview Library Aide (10/11/83) Preliminary screening of applications Written Test Interview *Graphic Aide (10/17/83) Preliminary screening of applications Interview " *Graphic Aide (10/18/83) Preliminary screening of applications Interview 14 APPENDIX B (cont.) POSITION SELECTION PROCESS Office Aida (10/20/83) Preliminary screening of applications (Support Services) Interview Executive Secretary (11/7/83) Preliminary screening of applications Interview *Administrative Intern (11/28/83) Preliminary screening of applications Interview'< Clerk Dispatcher (12/l/83) Preliminary screening of applications Typing Test Written Examination/In-Basket Exercise Ora Board Clerk Dispatcher (12/5/83) Interview with Chief Same *Temporary positions - 15 APPENDIX c 4, INTERNAL;MOBILITY Salary Increases* BZ EEO Category -- --.y Average Increase Officials and Administrators 3.0% Professionals 6.3% Technicians 6.7% Paraprofessionals 9.6% Protective Service Workers 12.2% Skilled Craft 2.56 Service/Maintenance' S.0% Office/Clerical 10,9% BY Department Average Increase Administration/Finance 5.5% Building 5.2% Engineering 4.8% Library Police 11.6%4.2% w Public Works 4.0% B Sex Male 6.3% Female 6.9% Overall Average Increaser 6.2% Promotion Rate Male (4) 8.2% Female (4) 14.3% Total (8) 10.4% * Includes full-time permanent employees only. Salary increases from January 1983 to December 1983 based upon cost of living, 'merit or promotion; does not include educational incentives. . t+; 16 APPENDIX D MONTHLY SALARY MALE FEMALE TOTAL $ 901-100 (0) (1) (1) 0% 4% 1% $1001-1200 (1) (5) (6), 2% 18% 8% $1201 -1400' (4) (9) (13) 8% 32% 17% $1401-1600 (5) (3) (8) 10% 11% 10% $1601-.1800 (11) (2) (13) 22% 7% 17% $1801-2000 (15) (4) (19) 31% 14% 25 $2001 + (13) (4) c17a 27% 14% 22% 1006 (49) 100% (28) 100% (77) - 17 , Cd v, cn .ar co 0 .. m � x m m W r1 N eCd as ra H r-I H r-I H r+ H C! ' 9 r 4 r'I 1-4 1-4 I� 00 I .. CG 1-4 O r-t CV r-1 N M H rv-4i r4 rr-1 H r-I H rl G. - hd C G A 0 co [f F, -4 o.S 0r-I0 ITr'. 06' N w NQN k F +) tet 10 0% I r� %0 0 a, d• 0 N W n Cd 6D C 4T Ln N N m" Ln to LM al N to . r-f 6o O H C', M r-I r-i N 7-4 r-1 N N N N Cd C ..d cli CO I 44 0 44 6o W O W W W O 44 44 W U O W 4 `Z9 W W W U W W 4d E.+ U I'CI . A tda' �' OOOWOO *w' d. OHC4 pa U F g &+ �. r O Ba co d F 6+ ss k 64 r-1 W H fJ ..a m .N 4.1fn N .re w 14 4: -4 eA vA W , ¢/ e• 4t F ..a ..a °sa 64 F e-I .a m H O 41 4) Ra .. Rs G�H F U A s1 to rS H `y 41 �. 6w) >1 .,4 s, �° 460 6o H 4 �. •N v2 b c7 on H 6o 41 0 0 a FF U F F 4r •++ H -S.1 .re 4ii F U .N H 0 —4 .w C8 a K . 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O A co 10 bo boN 00 .qT O O -a O o .4 NN rd r4NOO .a400 .zt00r-4artN aj d C 1.4N �D ® 0, rA %0 X 0 9 C7 W r 1 M r-4 M 'n N ri r-1 N N " N r1 r4 r4 r-1 N vi cc 4 ..a 3D d D .O W W d W d W 1Oua W Fr Re Ca t2 O ! R+ O to O W d d W OJ Re N 'S3 d 4a d 1 RI eP• O w Ra VI.H Gr R+ sQ 040+ C4 Cis as: F Da CJ d C+ Gr+ C O W t3 m 1•a - Ld M 0) C3 AJ .4 •+�'� .+ 94 0 C6 0 c 0 »i rd91 A w to d Al U O .N —40 N .N A40 l s3 r- d 92.W W a ` Q: 0 � 41 s� „ CG H aEFl4.) to rr4Cad ��14 d Vav0Wra to u fro .N w O Wefe 13 . .3 Ot e r .a s. Ra 01 LL•N ! a v, .0 m 6i N N era N un N p Rd. W U V .3 u ., a "$ v ## APPENDIX F k DISTRIBUTION OF WORK FORCE* JOB CATEGORY FEMALE MALE WHITE MINORITY WHITE MINORITY Officials/Administrators (2) 29% (0) 0% (5) 71% (0) 0% Professionals (5) 42% (0) 0% (7) 58% (0) 0% Technicians (0) 0% (0) 0% (7)100% (0) 0% Protective Service Wkr. (0) 0% (0) 0% (16)100% (0) 0% )100% (0) 0% (0) 0% (0) A% Paraprofessionals (3 Office/Clerical (18) 95 (0) 0% (1) 5% (0) 0% Service/Maintenance (0) 0% (0) 0% (3)100% (0) `0% Skilled Craft (0) 0% (0) 0% (10)100% (0) 0% TOTAL (28) 36% (0) 0% (49) 64% (0) <0% DEPARTMENT FEMALE MALE WHITE MINORITY WHITE MINORITY Administration (3) 75% (0) 0% (1) 25% (0) 0% Finance (11)100% (0) 0% (0) 0% (0) 0% - Building (1) 33% (0) 0% (2) 67% (0) 0% Engineering (0) '0% (0) 0% (5)100% (0) 0% Library (4) 80% (0) 0% (1) 20% (0)- 0% Planning (2) 50% (0) 0% (2) 50% (0) 0% Police (6) 21% (0) 0% (23) 79% (0) 0% Public Works (1) 6% (0) 0% (15) 94% (0) Q% TOTAL (28) 36% (0) 0% (49) 64% (0) 0% *Data Base: 12/31/83 a i - 21 I ` APPENDIX G OFFICIALS AND ADMINISTRATORS SERVICEiMAINTENANCE City Administrator Utility Worker 1 Finance Director Director of Public Works SKILLED CRAFT City Librarian Planning Director ' Utility Worker II & III Chief of Police Assistant Finance Director/Personnel Officer Mechanic Public Works Crew Chief PROFESSIONALS Survey Crew Chief Auto Service Worker t Administrative Assistant i Accounting Manager Building official Associate Planner Captain Lieutenant Assistant Librarian Associate Librarian Engineering Supervisor Superintendent of Public Works TECHNICIANS Sergeant` Engineering Service Engineering Tech 1 Building Inspector B PROTECTIVE SERVICE WORKERS Police Officer Corporal PARAPROFESSIONALS Police Officer Manager Library Assistant Library Clerk OFFICE AND CLERICAL Executive Secretary Clerk Typist I, II, III Billing Typist Office Manager Account Clerk Office Assistant 1 Clerk Dispatcher Receptionist - 22 - 9 F W ' - a O U :....00 m ., aJ cc M CJ O S x d H •r- •T •� •� .r-, ,r d p z >" en a' +' +-> 41 +� + a a Q H H (d+ VJ d -CL CL CL d ,CL H H C] 2 W W W W W LLJ to Cn H a) aJ aJ N QJ N aJ. 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T O ,., a o- a a �, M a u o u E u a E o u ,., Q) W co r-I b•� •r+ •., w a 7 r1 p v1 w w O .--I S., on .-+ C ro (D -Ca E •.+ w SJ r4 G w a o ro a •a o .-I ro a C ro E > A .0 w 7 •.t N a O ro •4 a A +-+ 7 A w w ~ :} U .� •.+ 7 I O ' CD 0 o i, ' v G ,., ,,, E E u c 7 w ° c v o a z Ccl Z O B.° C7 E H -� 2 2 :ti Z d Z G I f 14 Z .-, N M v ✓7 .D t, !O a, 'O r+ cV M .7 v1 l O APPENDIX J WORK FORCE CHANGE 1-81 to 1-84 BY 'BED JOB CATEGORY 1-81 1-84 + % or - officials & Administrators 7 7 0' Professionals 6 12 +6 Technician 8 7 -1 Paraprofessional 7 3 -4 Protective Service 15 16 +1 Skilled Craft 8 10 +2- Service/Maintenance 1 3 +2 Office/Clerical 12 19 +7 TOTAL: 64 77 13 BY DEPARTMENT 1-81 1-84 + or - Administration 44 0 Finance 5 11 +6 Building 4 3 Engineering 4 ' 5 +1 Library 4 5 +1 Planning 4 ' 4 0 Police 27 29 +2 Public Works 12 16 +4 TOTAL: 64 77 +13 1983 HIRES M F TOTAL By BED Job Category Officials & Administrators 0 1 1 Professiocial 0 0 0 Technician 0 0 0 Paraprofessional 0 0 0 ' Protective Service Worker 2 0 2 Skilled Craft 1 0 1 Service/Maintenance 1 0 1 Office/Clerical 0 5 5 TOTAL: 4 6 10 BY DEPARTMENT M F TOTAL Administration 0 1 1 Finance 0 2 2 Building 0 0 0 Engineering 0 0 0 Library 0 0 0 Planning 0 0 0 Police 2 2 4 Public Works 2 1 TOTALS 4 6 10 10 Hires with a total employment size of 77 as of 1-84. This results in a turnover rate of 13% for the year. -39- x p r.- 4 , t t 6 APPENDIX K Y EKPANSION OF TME WORK FORCE I 1•; YEAR # + or 76-77 55 +5% , 77-78 58 -7% 78-79 54 +9% 7.9-.80 59 +8% Average Annual Increase 5.1% 80-81 64 +22% t 81-82 781 -4%' 82-83 75 +3% 83-84 77 sizared to the ce The following figures represent the eremaini remaining actual work years the five year parity z projected work force size of program. ACTUAL PROJECTED Year or - # % +' or= 13% Turnover Rate 80-81 64 +226 64 +15.6% 14 81 -82 78 -4% 74 +5% 10 82-83 75' +3% 82 +5 % 10 83-84 77 rexpansion and contraction data, the City experienced 14 By combining turnover,mbination of expansion and contraction pressures and 39 vacancies due a co ` vacancies due to attrition from Fiscal Year 80-81 'through to 12/31/83. TURNOVER 40% of the new hires in 1983 were Male. 60% of the new hires in 1983 were Female. Change in Sex Composition of Work Force .5% Females 68.%5 Male 1/78 31 1/79 30/7% Female; 69.3% Male 1/80 34.4% Female; 65.6% Male 1/81 34% Female; 66% Male 1/82 38.4% Female; 61.6% Male 1/83 36% Female; 64% Male -40- APPENDIX L REVIEW OF TRAINING AND TRAVEL FUNDS EMPLOYEE TRAINING: ACCOUNT $622 1982-83 DEPARTMENT BUDGET EXPENDED BALANCE Administration 4300 3405 '895 (79.17%) Building; 800 226 574 (28%) Engineering 600 195 405 (32%) Library 250 230 20 (91.96%) Planning 950 700 250 (73.7%) Police 1250 1198 52 (95.8%) Public Works 1050 1039 11 (99%) Finance 1492 690 '802 i (46%) TOTAL 10692 7683 3009 TRAVEL & SUBSISTENCE': ACCOUNT #637 Administration 2800 2414 386 (86.18%) Building 500 126 374 (25%) a Engineering 550 337 213 (61%) Library 400 430 -30 (107.52%) Planning 950 973 -�23 (102%) Police 3060 1278 1782 (41.75%) Public Works 2075 1894 181 (91%) { Finance 900 859 41 (95.4%) TOTAL 11235 8311 2924 1982-83 Training Funds 10692 # of Employees - 77 138.86 Average Funds Per Employee 1982-83 Travel Funds 11235 # of Employees - 77 $145.91 Average Funds Per Employee (MV:pm/0306p) -41- 11.4 Residential Care Facilities Report Pulled to be'considered `on 3/26/84 s d CITY OF TIGARD, OREGON Q COUNCIL AGENDA ITEM SUMMARY I ' AGENDA ITEM AGENDA OF: - i PREVIOUS ACTION: DATE SUBMITTED: March 1, 1984 j ISSUE/AGENDA TITLE: Preliminary Feasibiity Report on S.W. 135th/130th/ REQUESTED BY: Walnut I.D.L. project CITY ADMINISTRATOR: DEPARTMENT HEAD OK: mssxaaaas.ava=axa= aass�as.>m.=.a=a-ssssaax aaa.:as=mamasxaxa�esasaax..amsgassaa==xxx=- INFORMATION :SUMMARY Attached for your information is the Preliminary' Feasibility Report on the ;proposed S.W. 135th/130th/Walnut L.I.D. Project by Jack Billsboro of Westlake Consultants. This information,and report has been done for Washington County. ssaanaess�aysasaaaaseaaa=a:ams.�a�aiesaasaaxx�acssasaaaasa.aa..sass.-==sesaaaasaaaaaaeaa.sae 6 ALTERNATIVES CONSIDERED .. es aaaenn csaa�m:ssaammo assnass®a=s¢xaaasc.......=aeexsa saeaa=aaaaaas=am sssaa==sacaas�a,+ea�sa e,=aa�x ai= SUGGESTED ACTIOiv Receive and File. z 3/1/84 EXHIBIT 'A' s" FEASIBILITY REPORT S.W. 135th/130th/Walnut L.I.D. Project February 1984 I. INTRDDUCTICN A. Project Location The project is located South of S.W. Scholls Ferry Road and includes S.W. 135th Ave. , S.W. 132nd Ave., S.W. 130th`Ave., and a'portion of S.W. 128th Ave., and S.W. Morning Hill Dr., all lying between S.W. Scholls Ferry Road and S.W. Walnut St., and S.W. Walnut Street frau it's connect- ion with S.W. 135th Ave. to S.W. 128th Ave. It contains a total of approximately 374 acres and 151 listed property owners, and provides for 2.6 miles of street construction or reconstruction.' B. Existing Conditions 135th Ave. and Walnut St. are established county roads (C.R. 934) with approximately 20' of A.C. pavement in very poor condition. 132nd, 130th and 128th Avenues are totally uminproved except where extensions thereof have been recently improved through Morning Hill and Bellwood Subdivisions. The L.I.D.` area, all.of which is within the Urban Growth Boundary, is substantially undeveloped and provides ;a major potential for future growth as attested by the first phase improvements of the Aman Surrar Lake, Brittany Square and Morning Hill Subdivisions. C. Plans & Policies In carpliance with State wide planning goals, an Urban Growth Boundary (U.G.B.) for the Portland region, has been established to accomplish an orderly con F version of urbanizable lard to urban uses. These effected properties are within the Urban Growth boundary and their land use plans were established in accord?nce with the adopted Bull Mountain Comnuu ity Plan for those portions ;within Washington County jurisdiction and in accordance with the City of Tiy�d's Comprehensive Plan for those lands within the Tigard City limits. The proposed street improvements within this L.I.D. project reflect the implimentations of the established plans for the orderly improvement of these major streets as per the goals set forth in both the Comprehensive Plans and zoning text of Washington County and the City of Tigard. Public sewer, water, gas, electricity and telephone services are available to serve the properties within the proposed L.I.D. D. Project Description The project proposes to reconstruct S.W. 135th Ave. and Walnut St. with 2-12' travel lanes; 5' bike lanes on each side and with a continuous 14' left turn lane from future Murray road connection to S.W. 128th St; S.W. 130th Ave. will be constructed with 2-16' lanes and 1-8' parking lane. to Feasibility Report Exhibit 'A' P. 2' a connection with S.W. 128th Ave. within the Bellwood Subdivision and with S.W. 132nd Ave, connecting to Morning Hill Subdivision. S.W. Morning Hill Dr. will be extended with 2-16' lanes and 1-8' parking lane to S.W. Walnut St. Storm drainagesystems will be constructed as an integral part of the street improvements. Intersection improvements will be constructed at S.W. Scholls,Ferry'Road with S.W. 135th Ave., and S.W. 130th Ave. to include left tum lanes and in the case of 135th Ave. will include traffic` signals. Various existing utilities such as water, sewer, gas, electricity and tele- phone will be nx.)dified to accomodate the street construction and future pro- perty service needs. It is proposed that some sections of planned sanitary sewers will be constructed where;they,best'fit within the street pavement area. The total street improvement equals 2.6 mz1es. E. 'Brief History of Project In October 1981, a public information meeting was held to determine whether or not a feasibility report should be prepared for the project. Prior to that time, property owners adjacent to the streets to be improved, had signed petitions supporting the L.I.D. The majority of the property owners indi- cated sufficient support to Warrant proceeding with the feasibility report. Washington County subsequently assumed-the'role of lead authority for a joint L.I.D. project with the City of Tigard and retained Ginther Engineering Inc. to prepare the feasibility report. r F. How Initiated L.I.D. petitions were secured requesting the City of Tigard and Washington County to construct street improvements on portions of S.W. 128th Ave., S.W. 130th Ave., S.W. 132nd Ave., S.W. 135th Ave. , S.W. Morning Hill Dr. and S.W. Walnut St. as shown on the vicinity Map - Exhibit 'B'. G. Area Ca?watibility All of the area within the proposed L.I.D. project lies within the Urban Growth Boundary which was established to facilitate an orderly conversion of urban-- izable land to urban uses. All properties within the proposed district are zoned for a variety of resadential.uses, .including planned development and a samll amount of conmercial neighborhood. While the area is substantially un- developed and provides a major potential for future grow-th, many master plans for development have been approved and the first phases of several subdivisions such as Amart Sunuer Lake, Brittany Square and Morning Hill have been con-- structed. Major utilities have been constructed thoughout the area including 16 inch water line in portions of 135th Ave. Gas lines, telephone facilities and electrical services have been extended into portions of tree area. A major sewer trunk line (Weir Trunk) has just been constructed through the center of the proposed L.I.D. area. a Feasibility Report Exhibit 'A° - P.3 H. Source Providers Providers of public utilities within the area include: Wolf Creek Water District, Tigard Water District, City of Tigard, Unified Sewerage Agency, .N.W. Natural Gas, Oregon Deparnent of Transportation, Washington County, Storer T.V., Portland General Electric, General Telephone Co., and Tri- Met. I. Traffic A complete traffic study was made of all streets to be affected by the pro- posed district. Existing and future traffic volumes were analyzed as well r " as their needs relative to turning movements, sight distances, traffic controls'- and street standards.; Pedestrianand bicycle needs were analyzed as were those for Tri-Met and School bus routes. Traffic noise'factors were judgedtobe of little or no significant problems It was detenn ned that police, fire and other emrgency needs are presently provided from the southeast (Tigard area) -and will be enhanced by the proposed project. A 'connection to S.W. 135th Ave. for the future e.sctension of Murray Road from the West has been provided for. Details of traffic consideration are in the, appendage to this report. II. BENEFITED A'1E73 A. Method of Determining Benefited Area The definition of the benefited areas is determined to be those properties that have frontage on the streets to be constructed or reconstructed and these properties that lie fully within the area created by the street frontage properties, which while such properties may not front upon a street proposed to be constructed or reconstructed by the L.I.D., said properties will rely on the off-site street improvements in their in-madiate area to provide reasonable egress and ingress to the subject properties. B. Description of Benefited Area The boundary of the benefited area is as follows: The northerly boundary is S.W. Scholls Ferry Road from the West boundary of Amart Su rer Lake Subdivision to the intersection of Old Scholls Ferry Road with S.W. Scholls Ferry Road.. The westerly boundary is the West property lines of these properties fronting the West side of S.W. 135th Ave. and lying between S.W. 135th Ave. and S.W. Scholls Ferry Road. The southerly boundary is the southerly property lines of those properties fronting on the South side of Walnut street from 135th Ave. to 128th Ave. The easterly boundary coincides very nearly with the West and North boundaries of Bellut;od Subdivision and the East boundary of the pro.osed Summrrer Lake II Subdivision and the East boundary of the proposed Summer Lake Park. The South and West boundaries of A art Sumner Lake I Subidivison complete the boundary of the benefited area at their intersection with S.W. Scholls Ferry Road. Feasibility Report Exhibit 'A' -. P. 4 III. IMPROVEMENT COSTS A. Description of Costs` The various elements of the cost of the proposed L.I.D. are as follows: (1) Construction of the proposed street i provewnts including modification to and extension of, affected utilities. : (2) Design arid constructing engineering including surveying. (3) Right-of-way and easement definitions and acquisition including legal descriptions, field survey controls, recording Of deeds, etc. (4) Project coordination:between City, County, State and PrcVe ty owners. (5) County Costs for legal and administrative services. B. Cost Breakdown (a)1. 135th. Ave. - Scholls'Perry'Rd. to Murray Conn. _ $ 416,465.00 2. Srholls,Ferry Road Intersection _ 38,430`.00 3. Traffic Signals - 80,000.00 (b)1. 135th Ave. - Murray Rd. Connection to Walnut = 415,757.00 2. S.W. Morning Hill Drive Connection = 5,000.00 (c)1. S.W. Walnut - 135th Ave. to 128th Ave. - 446,382.00 (d)l: 130th Ave. - Scholls Ferry Rd. to 128th (Bellwood) = 586,178.00 (� 2. Srholls Ferry Road Intersection - 20,470.00 (e)1. 132nd Ave. - from 128th Ave, to S.W. Morning Hill Dr. = 161,273.00 (f)1 Morning Hill Drive extension to S.W. Walnut - 201,050.00 (g)1. various sanitary sewer extensions = 378,000.00 Sub Total 2,747,005.00 10% Contingencies 274,700.00 TOTAL CONSTRUCTICN COST $3,021,705.00 (h)1. Design. & construction engineering, including surveying and construction staking @ 11% = 332 387.00 *(i.)l. R/W acquisition (includes Engineering & Survey Controls 6,000.00 (j)1. Project coordination - consultant (City, County, State, and private owners - pre-construction) = 5,000.00 (k)1. Legal and Administration @ 1% - 33,233.00 (1)1. Warrant interest (12% @ 16 mos.) = 265,131.00 TCa!AL PRQJECT COST: $3,663,462.00 Ids not include RfW purchase '7 R. Feasibility Report Ext39hit 'At - P. 5 IV. OFF-SITTE 11-12MVE,MENTS A. Description Sare of the;proposed improvements will be defined as off-site improvements by virtue of their location and or t:he fact that they are required by off- site or ncn-lc cal traffic that impacts the proposed improv rents. This includes interesecti.on inprovements on S.W. Scholls Ferry Road With S.W. 135th Ave. and S.W. 130th Ave. and signals at Scholls Ferry P,oad and 135th. It is proposed that the costs of these ianprovements will be on a shared cost basis'with the Oregon Department of Transportation. other off-site improve- basis widths to be constructed in ments will be the various additional stree "excess of the City of Tigard standard 34' wide residential street. The extra width which is to accomodate;non-local or off-site traffic demands is considered to be off-site anprovenents. B. Costs The cost of these improvements are included in the project cost estimate Schedule III-B. C. SDC Credits & Applications r wasiiington County has a policy of allowing a credit to be; granted at the time of building permits for those properties that have previously been assessed for off-site or extra ordinary improvements. The credits will be tion and shall not determined by the County in advance of building construc exceed 40% of the S.D.C. fee. The City of Tigard allows an S.D.C. credit also,at the time of building permits on a defined formula, for those assess- rmts properties have been charged for off-site or extra ordinary costs. An individual credit fornnala will be dete=, med by the City for this project. V. YOMOD of ASSESSMENT A. Description B. Assessment Roll (See Attachment 'A-1' to Exhibit 'A`) Feasibility Repo Exhibit 'A' - P. 5 VI. PPDBI,E MS TD BE RESOLVED A. Right of-Ways.: t of-ways have been identified and agreed to by the The required street righ County, city and affected property owners. Most rightfec ways as well as required utility easements will be dedicated by the affected propY tamers. There are s� Limited mi t� areas `^ additional right of-ways are proposed to be added to the existing street rig t ofi and will have o be it isred sby Pos that in one or amre cases, such right-of-way purchase or condeiinati:on. B. Site Distances There are sane problem with vehicle sight distances at such locations as and S.W. 135th Ave. the Old Scholl Ferry Rd., S•W. ,Scholl:s Ferry Rd., the connection of S.W. Walnut with S.W. 135th Ave. connections as well as Design considerations will address these problans b ion C. Inprov nts to be Completed Y Others f their The Tigard Water District as street right-of nned for the w ys incoordination with facilities. +They will. extend. the same n Depari of Transportation the project at no cost to the L.1 of The Oregon Road inter- .. will participate in.. the improv�nt of the S.W." Schwitholls Ferny sections with S.W, 135th Ave. and S.W. 130th Ave athno expense o the do other major improvements o S.W. Schalls Ferry natural gas facilities L.I.D. Telephone, electric power, T.V. cable and ed without cost to the L.I.D. will be modified as need VII. OTHER FACTORS Petitions requesting these improvemants were collected with nearly a unanamous ears ago. Waivers of remonstrances have been consent approKiitely three y proximately 1/3 of the Local Improvement District received by the County. area has been. annexed to the City of Tigard since the original petitions were submitted, which now represents more than 75% of the L.I.D. area as being within the cities boundary. VIII. SUg4pM & RECONIMMATIONS este by petitions ana both the Washington County Plan This project was requ Plan) and the City of Tigard �rprehensive plan ixa (Bull Mountain ConaTM'ty roves Mts being proposed. Most of the involved dicate the need for the i� roved land development plans and first phase area has been t� to app S Sir Lake and Spring construction such as; Morning Hill, Brittany square, Lake. A majority of the remaining area is owned in large block.S, such as, Russell A. Yrueger ding 134 acres as an example• S "� e original Pet L.I.D., traffic has continued iti.ca2s were presented, o in- requesting the crease, sane hm-les have been built in-spite of the economy and utilities Feasibility Peport Exhibit 'A' - P. 7 yhave been extended throughout the area, including a major trunk sewer line that bisects the area. Trar,.Ortation facilities are very deficient in this area and the proposed L.I-D. will do retch to enhance the area wide transportation needs in addition to providing improved ingress and egress to the developing properties. It is recc m coded that Washington County adopt an order and Notice of Hearing to provide for authorization of the Local InPmvenent District. Gene Ginther, P.E. Sack P. Bilsborough, P.E. Ginther Engineering, Inc. Westlake Consultants; Inc. rSg} i t 4 k F E \ 1 Y Yom. ; - • � 1 :: di 3-. 9y : .L-. � � :_ 3,4b• r � a as�am�ra�s@ EE _ __—� — __ _ __ - _ •' I P—�- r 3- aeaclmaoclem amr® rrr y r a___. — w CCw LU 40 lzll� I tf 13 �mtrrmmr mrmtammrezmra rrrm� tj� �^J. •-- LL / * �� P � � I � _ n P it - _ -_ so 4io—I ul LIJ �• ® t� i Loa _ } __- v Y� �t.- S' _. _. I T. __-__—�. assmramt�esaarmrasmrmasaae�®®et�RmwatlaSa�amm� � � bF ,^ a a' aK�L$tzat 8 &�, ^u ro Jen lam CITY OF TIGARD, OREGON COUNCIL 'AGENDA ITEM SUMMARY AGENDA OF: March 12, 1984 AGENDA ITEM DATE SUBMITTED: March 8,` 1984 PREVIOUS ACTION: Periodic' Verbal ISSUE/AGENDA TITLE: Bonita Reports Road Easements REQUESTED BY: Ima Scott DEPARTMENT HEAD OK:` CITY ADMINISTRATOR: INFORMATION SUMMARY Mr. Brosseau, the property owner whose easement is critical to the Bonita Raod repair project has been contacted. He would like to review the site with me, but he works long hours and is unavailable weekdays during daylight hours and was out of town last weekend', March 4 and 5. We will continue to setup a meeting and secure the € necessary easements. ALTERNATIVES CONSIDERED SUGGESTED ACTION For Information 'Only x CITY OF'TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY , # AGENDA OF: March 12, 1984 AGENDA ITEM 4: /L DATE SUBMITTED: March 6, 1984 PREVIOUS ACTION: Verbal Report ISSUE/AGENDA TITLE: Canterbury Report REQUESTED BY: Ima Scott and Council Crossing i DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY The Oregon Department of Transportation has completed a traffic study on the i 99W/Canterbury"intersection. Traffic volumes alone indicate that the intersection meets warrants for a full traffic signal. t Traffic accidents indicate that Title II (safety) funding may be available. (Estimated cost $80,000) The State will continue to pursue this funding source. Staff will keep council informed of the states`progress. In the interim, the state will install "advanced warning" signs the week of March 6 (last week) and if council approves, a painted crossing including signs (city maintenance costs) will be installed as soon as possible. If a full signal is not eligible for Title 11 funding, the state will pursue v funding for an overhead flashing pedestrian crossing sign (estimated cost NTE $10,000) ALTERNATIVES CONSIDERED SUGGESTED ACTION Staff recommends council approve installation of a painted cross walk including crosswalk signs to be maintained by the city in the future, (Estimated annual cost $150.) and that the Oregon Dept. of Transportation be encouraged to continue to pursue Title Ii funding for a full traffic signal. '. 'llt,Yt{t�lhlt.lvt Vt 1tvUv�YVnuNllVly; OREGON STATt HILI-R4AY DIVISION ° Traffic Engineering Section` Region '1 TRAFFIC SIGNAL WARRANT COMPARISON* Highway NameG�?`i`c �''f Cross Street ( ���79�tpfJ`fy City Hourly Volumes on Major Street - Any 8 Hrs. Hourly Minor Street Volum°s - r Same 8 Hrs. (Highest hourly volumes from eitherapproach) 12z Hourly'Pedestrian volumes Across Major Stet - Same 8 Hrs. (Highest volume Crosswalk) l� -3- - ---L— h)xrber of Hours Minimum Volume Warrant is Met Warrant** (8 required) 1. MiT1izum Vehicular Volume: �® Maj or Street -� Minor Streeta� 2. Interruption of Continuous Traffic: �— Major Street _ Minor Street 3. Minimum Pedestrian Volume: Vehicular Vc-_ume (Major Street) 20-0 Pedestrian Volume 4. Accident Experience: preventable Accidents (last 12 Months) 5 Minimum Warrant 5. Systems Warrant. Entering- Volume (Weekday peak hour) Minimum Warrant 800 s Date of Traffic Count ?`� The hourly warts are those prescr�b ed 3.n the National Manual on Uns form f is Control Devices for Streets and Highways, 1971 edition. �` ** standard warrants used. p% 700 of standard warrants used due to 85 percentile speed in excess of 40 MPH or isolated community with population less than 10,000. t V Pf LI)Vltl Jury. .. TRAFFIC ENGINEERING SECTION ENTY- FOUR HO UR 4/E08 HI�ULAR VOLUME . T INTERSEC� ION OF �E cv) f�r'�T OF WEEK .AL COUNT iVEH.D NR ®! ' .................. �, . �p HOURS COUNTE® .��' M{LE POST ........ HRS. ...:�/.�,�..���!��-S'....... PEDESTRIAN COUNT .: CLASSIFICATION. HCyURSOt3N7Ef! ' WEATHER ...�.r��s�'....... ,rR n^ No. TOTAL VEHICLES �'y, I 1r ,•,. y' .ENTERING +.�' 'l f1z 100 OR '� (NTER9f<CTION fj- .ENTERING FR®IA elg94� NORTH a SOUTH._. i re ENTERING FRONA IG�3 �_ /s- PED �O -- I P69 yoo t PE Remorkss 20 -- a +10 5�T R AVE, North hi At 12 lip- IND a City -- - County- OREGON ounty OREGON STATE HIGHWAY DIVISION Intersection of TRAFFIC ENGINEERING SECTION and. P a N fu r ,rN Int /���±®p Ec',02LO- 8109 vlw - orF qct of ��- .ri®�]�'��� ®�Nii3f!!-0� Highway and Ida � Compiled by�Date-L--3-1 M.P. :--5 5 Period Fr. // / /7Y To /3//2'3 Indicate North LEGIENC 0 Person Killed :.•�7----- Pedes<trion Killed �� t p Person Injured ' .Pedestrian Injured s.�•-- Property Domaae Only gfY 1 / I collision-Rear-and ts-�-- ..collision-Head-on Collision Sideswipe N i d �0 cP Q� t r / 1 00 I'• a 9 1� ! 9y t Qti � Awaiting Left Turn A �}---- Path of Padostrion ~` e9 6 f -�: Path of Vehicle Z, -o } ---- Path of Animal 4emole Merino -40— Vehicle Stopped -*l--'m Vehicle Backing G ® Properly Parked Day 12- improperly 2Improperly Parked Night 5 It4 Asa+ Vehicle overturned Total )7 �✓\ Vehicle Skidded i.. g o_ 3 TOTAL rsalti610n T _I oo- rop• on• ro0. on- rop. Total Fatal Nan-l rop Total y� Fatal pn- rop• Total Fatal fatal Total Fatal fatal ma Total Fatal total falai 3 1 Angle Head-on �r Rear-end 2 i Sideswipe 5 Turning Movesnont / tt Parking g; Non-collision ff Heed Ohlect Pedestrian Backing . Miec. " TOTAL T.C. Drw'g.No.313' Form E^-261 -2M-^-i1-45 - It it 'v:�., �i„ _: � g ��: ,�It�n��m�h� �s aol�T'• ; i � i � � i `� s Ni — I���c�,�+SS•mc;J€cS�;S;Ir;Ti3`�`rl i I I i t , s { { C; t I �.� �•� � � I t >I..tit ��� t�. s € I ', t i � I i , I ` `� a �d; ' H i .te a�,a tJ�w/-�+cO n i�t1��`•ui t t i f i i ( = t i t o •� k ��v�h�Sl�floCi,t�.o�o- , I t € '�Cn14,V.S'�Silt�s'S;SryIT, �} ; t �.t� � � 4i � �'•.�c�ck'ul� OO 4��0�4 I ; , � t I t i � la: I Z ? :�:V "--��^�"�N�NtN^•� I ! €. •I. k Cif N• � ,, � � S,p€ •`ANN: tC�i�.c�l3•,il!N s t 's� € € ; '� =M€ ` , •� ` x j I t i €�-----r s i Ei Is! t �i� gsi Y`f�N•i�t���OO€NM T��'��O�yNi• I ; t I I i i ': cn{. ix I I �. " z (� .tst4�8SEU;}� COwu �- �:t�:�44 d , v GE, � y r , t { ; I I i 1; I �/'1 IOj I •l r�y� ��'•. 3 � ,, x V�:ITQyN� �v'lS�hYat�J`I'`nJ;'�t t t�—f--•�--r•--r— r { � A o i �g �..�t+l`ht Ml�..n h;�:vR�'h€ •�'�! I � € i I 1 ! j\, 1 i N;N'• n CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM 'SUMMARY AGENDA OF: March 12, 1984 AGENDA ITEM : DATE SUBMITTED: 11arch 81 1984 PREVIOUS ACTION: 7 ISSUE/AGENDA TITLE: Maksym Q Condemnation Report REQUESTED BY: City Administrator DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY The City was successful in winning the litigation with Mr. Maksym. A full report will be hand-carried Monday evening from the City',Attorney's office. i a fr- ALTERNATIVES CONSIDERED ` N/A t SUGGESTED ACTION Receive and File Full Report which will be hand-carried by Attorney on _ Monday evening. lw/(0225F) O'DONNELL, DATE March 9, 1984 . � ,• SULLiVAtd'Ct R,4AAIS ATTORNEYS AT LAW' -TO Tigard City Council ' 1727 N.W. HOYT STREET �. .PORTLAND. OREGON 97209 iso3i 222-4402 FROM Stephen F. Crew ' + RE Tigard 72nd LID - Maksym Condemnation Trial { On February 28 and 29, 1984, the first of a series of pending � . f _ condemnation trials was held regarding property owners along the } 72nd LID project with respect to the amount of just compensation for right-of-ways, easements, damages, etc. The first case concerned Anthony Maksym' s property located at the corner of 72nd and Cherry. The city first obtained a 10-foot wide right-of-way along 72nd and a 10-foot wide construction easement that also turned the corner and proceeded up 'Cherry. The City Council then decided that less -property was needed and we amended , our complaint to` take. a 5-foot wide right-of-way and a 5-foot wide construction easement. The total amount of property actually taken ` from Mr. 'Maksym was approximately 833 square feet. We had previously r: deposited with the Clerk of the Court $6,445 which reflected our position as to the value of the first taking ;for the 10-foot wide right-of-way and 10-foot easement. Mr. Maksym received this money through a court order. After we reduced,the taking to a 5-foot right-of-way and a 5-foot ' easement, we reduced our price to approxi- mately $5,200. Mr. Maksym alleged in his answer that the property was worth $21,500. He also filed a' counterclaim for $2,000 for inverse condemnation alleging essentially that we took _property that we did not condemn. Prior to trial, we had offered,Mr. Maksym a total of $9,200 to settle. This was $4,000 above our appraiser's estimate. I believe this offer was extremely generous and gave Mr. Maksym the benefit of the doubt. Our appraisers estimated the value of the 5-foot taking and the 5-foot construction easement at approximately $5,200. Mr. Maksym rejected our offer and I amended our complaint to reflect our price of $5,200. The trial was before Washington County Circuit Court Judge Jon Lund and a 12-person jury. Mr. Maksym was represented by John Parkhurst of Bemis and Parkhurst. On the morning of trial, Mr. Maksym dropped his inverse condemnation claim. My feeling is his attorney realized they could not prevail on this. This is based upon Mr. Maksym' s a deposition testimony wherein he explained his inverse condemnation theory. My opinion is that based upon his testimony, his claim was not compensable on an inverse condemnation theory. Mr. Maksym elected to go first which is his option in a condemnation case. He called to the stand two expert witnesses, both of whom were licensed real estate appraisers. His witnesses were Allen Pagent and Deane Leverett who is a member of the Tigard City Planning Commission. Both witnesses testified that in their expert opinions, the price for the property taken and the damage to the remaining land was well in excess of $21,500 They basically gave two reasons .for this damage: (1) Change in Grade - The witnesses indicated that before the project, Mr. Maksym's property was even with the grade of 72nd and that as a result of the widening __ gay „°3�5 'uuYRt O'DONPIELL. DATE 39/84 SULLIVAN & RA.MIS ATTORNEYS AT LAW ,TO Tigard City.: Council 1727 NM. HOYT.STREET `PORTLAND. OREGON 97209 F. Crew (5031 222.4402 -FROM Stephen " <RE Tigard 72nd LID - Maksym Condemnation Trial Page 2 of 72nd, we changed the grade so that there is now an abrupt 3-foot-drop-making Mr. Maksyir('s- property 3 feet below grade. Mr. Maksym's witnesses indicated that this detrimentally affected the aesthetics of the property as well as access along 72nd. They both indicated that the cost to bring the grade level with 72nd by filling would: be around $30,000 and there would be at <least .a 10% drop in the market price of the property. (2) Availability of Sewage - Both of Mr. Maksym' s experts testified that they thought the construction project made sewage :much more .expensive than before. They indicated that before the project, Mr. Maksym could hook up; to the sewer line on the other side of the street whereas now that was a much more expensive option. They indicated it was more expensive because now the street is wider, - therefore, having to go a further distance and because of the improvedstreet, they would now have to go under the street which would involve boring instead of going through the street and then repairing it. They both also 'indicated that it would { now require to hook up to the sewage on the other side a pump station as well as a holding tank. They indicated that they believed the increased cost to hook up to sewage as a result of the project to be somewhere between $10,000 and $20,000. Mr. Maksym then rested his case. l called four witnesses to the stand on behalf of the city. Frank dom Currie, Marlin DeHaas, Harold Meyer and Sue Ann Dickey. Our approach was to attack their assumptions regarding change of grade and sewage availability. Our theory was that as to change of grade, first, it did not make the property more expensive to develop and that because of the topography of the property, there would have had to have been fill anyway. We demonstrated through photographs other commercial r property in the vicinity that was developed successfully and that d s was below grade. Second, as to change of grade, we argued and presented evidence that to develop the property would have required street improvements as 1 . a condition of development by the city, and thus there would have been a change of grade anyway. Our position was that whether it was done by the city via an LID or done by the developer as a condition }, for development, the widening of the street and the consequent change of grade was inevitable and unavoidable. � ` via O'DONNELL. DATE 3/9/84 SULLIVAN & RAMISS ATTORNEYS AT LAW 1727 N.W. HOYI STREET TO Tigard City Council "PORTLAND, OREGON.47204 15031 222-4402 FROM Stephen..F. Crew RE Tigard 72nd LID - Maksym Condemnation Trial Page 3 on the sewage issue, our theory was that sewage was never available to the Maksym side of the street from the sewage pipe on the other side:. First, the system was not designed to 'accommodate property on the Maksym side of the street. Second, the Maksym property was 3 below the elevation of the sewage pipe and thus a gravity system was not available. Third', the Maksym property was not high enough for a holding tank or a pump station. Fourth, neither the 'City of Tigard nor the United Sewerage Agency would allow `a pump station. Fifth, a pump station and a holding tank were both engineeringly' and economically unfeasible. �' w The jury returned with a verdict of $5,200 after a two and one-half day trial. I believe it is apparent from the verdict that the jury accepted our theories and our evidence and totally rejected. Mr. Maksym's. The judge had instructed the jury that the least amount they could award Mr. Maksym would be $5,200 which is what they returned with after,,approximately one-half hour of deliberations. f Because the verdict was less than our written offer and less than t our deposit with the Clerk, we are entitled to judgment against Mr. Maksym for approximately $1,245 plus costs. Further, we are not liable for his attorney's fees because we prevailed. Also, he must pay our costs. However, our costs do not include attorney's fees or expert witness fees. r . i SFC>sw 3/9/84 Mug In -m A SON= CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: March 12, 1984 AGENDA ITEM DATE SUBMITTED: March 8, 1984 PREVIOUS ACTION: ISSUE/AGENDA TITLE: S.W. 72nd Avenue Agreements to Indemnify REQUESTED BY: Councilor Scott DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY Within the last week, staff has contacted each of the property owners where 'Agreements to ,Indemnify' were .requested and no written response was received. Of the 9 property owners representing 21 driveways, we now have three (3) property owners signed for thirteen (13) of the driveways, one (1) owner who has agreed to sign for one (1) additional driveway, two property owners have responded in writing that they will not sign for three (3) driveways, two property ownershaverequested that we mail them the agreements again for their consideration'on 2 driveways and one owner, representing 2 driveways, we have not been able to contact. SUMMARY PROJECTION Owners Driveways Yes 4 14 No 2 3 Unknown 3 4 ALTERNATIVES CONSIDERED SUGGESTED ACTION For information only. ;i CITY OF TIGARD, OREGON s COUNCIL AGENDA ITEM SUMMARY 1 - �l AGENDA ITEM AGENDA OF: � �---=— , ' E DATA SUBMITTED: 2/21/84 PREVIOUS ACTION: Has be ng on Pr IssuE/AGrd®ISSUE/AGENDATITLE: Final maintenance since �p�amh6,�1Af�4__ ! REQUESTED BY: Engineer;na/P W s acceptance of Crow Park 21.7, except for 520 feet of sidewalk. ' CITY ADMINISTRATOR: DEPARTMENT HEAD OK: G.iaL.SGec966..ffii..l Ciu' .s aGIIsiaacc.atii C7CiTL^asari csffi$;S.c.sc.a SfGSGGC��•sffiSi.ffiiSiSa Ss.SGG k INFORMATION SUMMARY Crow Park 217 was placed on its maintenance period December 6, 1982. They have completed all public improvements except for approximately 520 feet of sidewalks that were required on the public improvement plans. They have requested that the city accept this sidewalk bond ` in`the 'amount of $7,000 for a one year extension to install this section' of sidewalk. ----------------- ffi@ti�[iii ise ii Gil ........................SLS..M.............. ILSffi..........TSGSGSg1CC ALTERNATIVES CONSIDERED .weave ac........ .......azma.............s.rea.msmesasasses¢mss=a¢�.�--�r<sc��sas.aGc.wild... SUGGESTED ACTION Staff recommends the City council accept this sidewalk bond and release the existing Maintenance Bond. 3 4. L ' V1 -%11V1 7' 00 !_ 1 TIGA RD a C, tiundredsl SCALE Hn feet( . A � K'- HENLOGK ST �I I VEK � 'dENTv�� Sag ®i 1 -- �------ /G.000 e mr 36 S`q-..'n~- LOCO..^f ST �� S.W. _- LOCUST L�- -� •ST_� f 'lJr. SM,. C\MAPLELEAF N �V= NAPLEIim a -: OAA b T .] 11 , 'a /0.500. OAK ST. l L /f vINE 4 BLv� SHACY L4HE hOHlyyr \ \a F7-FT SW ",DOG V �. THORN'ST. � >K �ry5 Py y \ ] r--- LON9STAFF m ST 5T s W DIA - ST. SW NORT DANT.- _.-.ST. - 3 to Tv J�� PFAFFLE 9T.. 6 lJ SW AV NAI E E. : ' a � ATLANTA r/soo $ _ a w - a > c !T 9W. 3 1 R 7! Z` -- nAYLORZ .S D ST C r S.W f R SW L� ip i OU SWI Id I C a LEWIS cL c .'• II i OUVALL St: SW. STI INSW tRIIGE 0,_ J 1 I�- CLINTON`� \ pCd NEADOW .a/�'' \ . �^®� Q a✓ SW. I� 3 /2.000 C-7 3L,2Cp KAROLUCT. t/0 EqJ SX. 4' £ ).. S9i^ SW''ei ctT IISTII MKA 4Rp £ A✓'� h \ a ELNIIy:: "CR4030 WAY CT,N Gt. W _.,v f<��T, A yS• (/ s`°O W °i i5�! AM LIX N SW, fid'/w ST "� •tl. b•4 �y s? Sy'~ �l ZygA B VC iv. /P,500 6 TO 0 S.W.I HAMPTON11 IST ISI ST ; al'. 31 I — Y EY/ATKiPoS y W YVJS ar�, �jC Sf / y § /1.000 a �PL s4R OAaP F 'KI�-A-PYTl51 a OR YT � w ;. o. SW. WR" ST. FAPA ST' pl KOOK y Y /Z a �� p ���f ✓Pyr :C(y*Fy. 5T. _ ... > ; ; !✓.FIK kOCP /3.300 �. OM1�IARA SW I• /� H ST. Q' u dPp Pyr Na% J CHERRY EDOEWOOD ST. ) SAHDDURB `�N J �3;i_- ST. XRlaOEW STS! -�� 44 MLLYIE'N T. ( /4.000 Se 5 MI NS rn �y -DONALD .J CONY CREEK CT. e a d °�( FANNO -WiK omF'!A SSr'W. %m NTAR EW LANE 3t> N V EW' __d CEL�%A01J'X7 _ Kf!OES LP. / SW. e W v s R E t aA L r � / �T ROAD � /9.SOU 8 VIEW TERRACE t, PSM MEE S'f. ! S.W. pct EYS.W. f 4 cFat00K - Q STA T 3 nS W. H PINEOROO Y IuOL URD ST a 2 II > NARRJR w CS ui i 1 I /5.000 REILND � o a CT ' 57 S ig II § 9Af+N Cx N > ' DRLNONTE CT S tt• M S.W. IS .W. 'K SATTLER T' ROSS ST - S.W. AklDDVIEW F'E® ERAt_ iNsURANC:F OOMPANY �Ss � � o B 90 John Street,New York 38,N.Y. CHUBB & SON INC., Monaeer 0 4 oArnoa PERFORMANCE BOND 8098 47 75 Amount 5 Bond No..... ,.... ......................................_ otv Olt M, en b-q Mime pre0ento, That we, E. Carl Schiewe, Inc. (hereinafter called the"Principal"), as Principal, and the FEDERAL INSURANCE COMPANY, of the City of New York,New York,a corporation duly organized under the laws of the State of New Jersey,(hereinafter called the"Surety"),as Surety,are held and firmly bound unto City of Tigard, Oregon (hereinafter;called the"Obligee'), Dollars sue inn the sum of CP.�+n he ----_),for he payment of which sum well and truly to ma lbe *n e,the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jom,Y and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,that whereas the Principal entered into acertain Contract with the Obligee,dated for Completion of sidewalks within Crow Park 217 in accordance with the terms and conditions of said contract,which is hereby referred to and made a part hereof as if fully set forth herein; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,fret if the above bounden Principal shall well and truly keep,do and perform each and every,all and singular,the matters and things in said contract set forth and specified to be by said Principal kept,done and and dureperformed, to to ,eat the times ed and in the manner in said contract specified,or shall pay ov=r,mom• s--- Obligee,all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do,then this obligation shall be null and dad will expire re void; r1s remain in full l force 19`5. effect. This bond is effective February 10, 1984_..._.-- y February daof, �.,._._.-._......w .._...__ Sealed with our seals and e�ec( _ A.D.nineteen hundred and --.int -- E. Carl Schiewe, Inc. By FEDERAL IN SWNCE COMPANY ByG. M. Dun�ril''W-97, Attorney- �ct f And'�.._._...___._....... ._.... _ ..._._.-.___..._ n-ssa tzs�i F—120207:1--7.61 WM POWER OF ATTORNEY H Know all Man by these Presents,That the FEDERAL INSURANCE COMPANY.15 Mountain View Road,Warren,Now Jersey,a New Jersey Corpora- has constituted and appointed, and dues hereby constitute and appoint Herbert A. Ballin, Jr. , Larry C. Boyd, i—Ad A. Lewis, K. C. Kraig and G. M. Dunning of Portland; Oregon-------------------- o ---- each its true and,lawful Attorney-in-Fact to execute under such designation In its name and to affix its corporate seal to and deliver for andd on n its ts behalf as surety thereon or otherwise,bonds of any of the following classes, to-wit! 1. Bands and Undertakings filed in any suit,matter or proceeding in any Court,or fried with any Sheriff or Magistrate,for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof,including triose required or permitted under the laws or regulations relating to Customs or Internal Revenue;License and Permit Bonds or other indemnity bonds under the laws,ordinances or regulations of any State,City,Town,Village, Board or other body or organization,public or private;bonds to Transportation Companies,Lost instrument bonds;Lease bonds,Workers'Compensa- tion bonds,Miscellaneous Surety bonds and bonds on behalf of Notaries Public,Sheriffs, Deputy Sheriffs and similar public officials: 3. Fonds on behalf of contractors in connection with bids,proposals or contracts. Ind VolSr gas.Whereof,the said FEDERAL INSURANCE COMPANY has.pursuant to its By-Laws.caused these presents to be signed by as Assistant Vico-PrmsMart and Assistant Secretary soli iia corporate Real to be hereto affixed this 14th day or September 18 83 corwate Seal �\�SURAN� u'wr. •T FEDERAL IN ANCE COP ANY By fr' l George McClellan ` -Ric rd O. 'Connor: f Assistant vice-Prosldant Assistant Secretary " STATE OF NEW JERSEY SS. County of Somerset o r+--this 14th day of September 19. 83.before me personally came Richard D O'Connor to the known and by"known w be Assistant Secretary o1 the FEDERAL IN- y 1CTe CoupANY,the corporation described in and which executed the foregoing Power of Attorney,and the said Richard D.O'Connor being by n: duty sworn,did depose depose and say that he Assistant Secretary .,.d FEDERAL WZURANCE COUPANY and knows the COW.Ago Mal theroof;.that lite coal affixed to the fologoino Pourer of Attorney is such corporate seal and was thereto affixed by authority of the By-taws Of n, and IAaI taro signed sad Power al Attorney ssAssist�nt Secretary d said Company try like authority;and that he is acquainted with Goorge McClellan and kions him to be the Assistant Vied-Pr®adent of said Company,. st Power of Attorney b in genuine ttatdwraxg o9 said George McClellan and wasthereto aubscribW byauthorityauthorityd Y said of saki Company.and.that the siynalure d said George Lie- gen subscribed to oa $y-Lairs and In tSaVS xnant's pra<aches Notarkei mal At t Swim b bolters ma - er TGIA on t e above written. I' Public P CERTIFICATION FATRICIA RYAN C NOTARY PUBLIC OF NEW JE . I1 t483 STATE OF NEW JERSP9=�'� SSirE9 D¢C0mb6r --...- County of Somerset ply Commission Exp I,the undersigned.Assistant Secretary of the FEDERAL INSURANCE COMPANY.do hereby comity that the following is a true excerpt from the By-Laws of the said Company as adopted by its Board of Directors on March 11,1933 and most recently amended March 11,1983 and that this By-Law is in full force and eftacl. "ARTICLE XVIII. Section 2.All bonds,undaitakings,contracts and other instruments other than as above fa and on behalf of the Company which it is authorized by law or its charter to execute.may and shall be executed in the home and on behatl d the Company either by the Chairman or the Vice-Chairman or the President or a Vice-President,lemay with the Seciatary nr an Assistant Secretary,under!hair respective designations,except that any one or more officers cr attomays-iri-fact designated in any resolution of the Board of Directors or the Executive Committee, or In any power of attorney executed as provided for in Section 3 below,may execute any such bard,undertaking or other obligation as Provided in such resolution or power of attorney. Section 3.Ag powers of attorney for and m behndf of the Cornpany nray aid shag be exacuisd in me mime and On bahstf of he Company,either by the Ct,,mon or the Vios Cheinnan Of the President or a Yic9-President or an Assistant Vice-President.Only with the Secretary or an Assistant Secretary.under Choir respective designalions.Tho signature of such officers my be engraved,printed or ldhogrsphsd." 1 funder certify that east FEDERAL INSURANCE COMPANY is duly licensed to tranwxt fidsiity and surety business in each of the Stales of the United Statas of America.District of Columbia,Puerto Rico,and each of the Provklcee of Canada with the exception of Prince Edward Island;and is also duty licensed to became sob surety on bonds,undertakings-etc.,permitted or required bylaw I,the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY.do hereby Certify that the foregoing Power of Ationwy is in full force and effect. Given under my hand and the saAl of said Company at Warren.N.J..this— rate Seal \�'SURANC latent sauatary (' �fdERSr u 'A Fwm2t-1e-0==(Ed:7$3) ENERAL �~ 1984 CITE( OF LAKE OS EGO February 15, 1984 To: Metropolitan Area Communications Commission From: C. Herald ca_pbell D . sited As authorized and dirthe cable legislationlpresently before the February 9 and 10 in connection with Congress, specifically H.R. 4103, On ay on the Hill Thursday, February 9, I spent the d and had conversations with the following: r 7effre D. Arnold, Legislative Assistant to Senator Mark Hatfield. I advised Mr.'Arnold ofon AuIdCC'sim airrthecon jisocities' rightnorzabits litys to reg to any legislation that o P rates, o require the establishment of leaordthated ewouldrequirements for ri4n- authorizedthe video services ( e.g• security services), _ abrogation of contractual provisonsthegcablegoperatothe rVtolremove on of pfacilities E facilities and services by allowing E and services required by;'a thatcwouldhise westablishfranchisehenever "there has brenewal significant tanda ds change in circumstances", and procedures weighted heavily in favor of the franchisee, and which failed to include grandfathering protection for existing franchises. Mr. Arnold appeared genuinely receptivein this to the city position legislation, and as you know, Senator Hatfield favored the municipal position before the Senate. when a parallel bill SR 66 was ial me and Representative Denny ysentted the same material I Wad gave me a dgiven eto�Mr.Arnold, a courteous hearing. I pre 1 i.ncluding' i.n both cases a copy of the Resolution opposing HR 4103 which ' February 7 the Lake Oswego City asoureviouscil lyubeenmforwardedptoaniously adodeach member.ofAMACCcopy) of that Resolution h p on I very much doubt the Representthe ill for ative tits 5introducti.on in the on the side f the cHouse and this issue, since he signed is running for reelection this term. BOB CRANE, Legislative Assistant to Representative tesLakeoUswego I presented the same case for MACC, and with e copy than Resolution, Mr. Crane was ecePti etheabilleif it comel we haveeonetherfloor of even chance that AuCoin willPP the House. Representative Ron'Wyden. Mr. Wyden, who is a member of the House Energy and commerce Committee, was very concerned and sympathetic to the cities' position. He is an open opponent of the bill, and will support the municipalities' position on cable legislation. 34S NORTN STATE STREET /POST OFFICE BOX 369/ LAKE OSWEGO,OREGON 97034/(503)636.3601 MACC C. _Herald Campbell Page 2 Hepresentative ,John Dingell (D— Mich), Chairman House Committee on Energy and Commerce. I was fortunate in succeeding in seeing Rep. Dingell, ,.who interrupted a staff conference to hear me. He is adamantly opposed " to the Wirth bill (HR 4103) but pointed- out that 23 of the 40 members of his 'committee are in favor of it. He has been trying to keep the bill from coming to °a vote of the committee in order to give the cities time to marshall opposition to- the bill, or alternatively, work out a more mutually acceptable bill with the cable industry- NCTA. He stated bluntly that if the bill comes to a vote, it will be approved by the majority of the House committee, and there is little question presently that if it went to a' vote on the floor of the House, it would pass. Accordingly, in late January, speaking before the U.S. Conference of Mayors, he urged'city officials to negotiate with NCTA to ensure that the bill which does 'pass reflects the cities' viewpoint more than does HR 4103. Concurrently he warned the cable TV lobby that if 'their industry didn't negotiate fairly they wouldn't get any bill at all. I .told Mr. Dingell of M.ACC's concerns, and gave him also a copy;of the Lake Oswego Resolution. He in turn told me that it was crucial that cities mobilize and by personal letters, phone calls, and official city action make it known to their legislative representatives in Washington that legislation •.s patently unfair to cities and their constituents as is HR 4103 is totally unacceptable to local government. He said that the cable industry was leaving no stone unturned (dollar unspent?) to push " < through legislationthat would put them in the driver's seat, and that a prompt and strong response from the cities was essential. Friday morning, the special conference called by the National League of Cities to discuss strategy and lobbying activities to be undertaken convened at 9 a.m. in the offices of NLC. George Latimer, Mayor, St. Paul, and President of NLC, opened the meeting, stating that its purpose was to organize for lobbying purposes, that time was not on the side of the cities on this issue, aria that delay would work against the cities in the light of current FCC rulings. i Alan Beals, Executive Director of NLC, reviev:tsd the history of cable legislation in the current session and previously, and he voiced Chairman Dingell's feeling that not much had happened atthegrass-roots level to influence Congress. 'George Latimer, who had also had personal discussions_with Dingell, reported how Dingell had pushed both the cities and NCTA to renew direct E negotiations. As a result both parties had agreed -to make an effort to hammer out new legislation. Alan Beals stated that Latimer had appointed the cities' .representatives, which would include both elected officials and some NLC staff (although, the voting power would be confined to the elected officials). The two groups had met the'week of February 6 in the offices of the House Committee on Energy and Commerce to set up the ground rules for the negotiations. (See'letter of Feb. 8, Beals & Gunther to Thos. E. Wheeler, NCTA.) r 10 , f MACC - C. Herald Campbell Page 3 The first meeting of the negotiating committee will be February 17, and an attempt will,be made to reach agreement by March 1, since Rep. Dingell has made it plain that he will not accept;delay.` Itis probable that agree- ment will not be achieved until mid-March, realistically, since negotiations are not.limited to 11R 4103...everything is on the table...and the cable industry has 'made this clear to the Cities. The negotiators are striving for a high degree of specificity in the agreements reached (it is apparent that the cities have learned to their sorrow that words in franchises tend to become twisted when;the franchisee starts working on them, and contractual commitments agreed to by a cable operator seem to rapidly be eroded as the months go by). It is understooC- that the agreement will beomce final when a written document is agreed to aby all parties, and on all points at issue'. There is agreement that with respect to communications during the progress of negotiations,` that there will be no independent press releases or conferences. h (Internal discussions within the respective negotiating groups are permissable.) Considerable concern was voiced among the 80 to 80 NLC participants at the 'Feburary 10 'session as to why NCTA was willing to negotiate if the probability was that HR 4103 would pass if it got out of committee and before the House. The fear was expressed that the negotiating process did not favor the cities, and that they might lose ground versus HR 4103. I inquired of Beals if there was anything in the understandings with NCTA which would prevent an intensive lobbying effort by the cities during the course of these negotiations. . .namely, would such activity be considered in bad faith;by NCTA? Beals assured `the group that such activity ;was entirely consonant with their understandings with NCTA. Lynette Tross, Chair of the NLC negotiating committee warned that now 4 that the franchising wars were, for the most part, over, the cable industry is discovering the cost of the franchises it offered and agreed to, and is now trying to find ways of getting out of its commitments. { Alan Beals returned to outline lobbying aeivities, urging that cities: t 1. Meet personally with their legislators 2. Get other groups to do likewise, e.g. consumer groups, organized labor, etc. 3. Contact local newspapers 4, Cooperate with the local cable company if relationships are good 5. Advise all members of their Congressional delegation of the issue and the city's position. [ Representatives of a number of other groups that have joined with NLC in opposition to HR 4103 spoke briefly of the position of their respective agencies. They included the U.S. Catholic Conference, which includes the I National Association of Catholic Bishops, the National Association of Catholic Women, and the National Catholic Educational Association, and representatives of the National Association of Telephone Cooperatives and the National ( , Association of Regulatory Utility Commissioners. `- I summary, it is evident that cities are in a crisis situation with respect to their continued ability to protect their constituents through regulation of cable service. I recommend and urge each member jurisdiction of MACC. L i +i w MACC = C. Herald Campbell Page 4 1.To consider, adopting' a Resolution regarding;;cable'regulation legislation similar to that adopted by Lake Oswego, and forwarding it to each member of the Oregon Delegation in Congress. 2.To urge each member of its elected governing body to write personal ry letters to their representatives opposing HR 4103 'and'similar legislation 'which would impair the rights of cities to 'regulate cable. 3.To urge private citizens to write similar letters. 4.To 'secure' understanding and editorial support of their focal newspapers in this issue. 5.To intere�'. and activate other groups such as consumer groups, labor unions, educational interests, and the like, in writing to the members of Congress. Respectfully submitted, C. Herald Campbell, S et•ry—Treasurer i i i February 8, 1984 Mr. Thomas E. Wheeler President National Cable Television Association 1724 Massachusetts Avenue, N.W. Washington, D.C. 20036 Dear Mr. Wheeler: It is our understanding, ;based on yesterday's meeting, that the ground ruies for the discussions on federal cable legislation between NCTA and the ''joint task force of city officials appointed 4 by the National-League of Cities and the U.S. Conference of Mayors are as follows: o Direct participation in these discussions will be limited S to members of the joint task -force of city officials and a total of three' `staff representatives from the two city organizations. Each city official may elect to bring one member of his or her staff to these discussions who may f' (, serve in an advisory capacity` to that city official but may not participate directly in the discussions. o USCM and NLC will establish internal processes for expedited organizational approval of the agreement which time for review. provide our membership with adequate tt' i t o The agreement will become final when one written document, covering every legislative issue of concern to the cities 1` and the cable industry on a section-by-section basis that provides a detailed description of every provision of the agreement and is similar to a section-by-section analysis 4 generally prepared for legislation, is agreed to by all parties. This document will be the sole document submitted to NLC, USCM, and NCTA for approval. 1. o There will be no communications with the press on the I progress of the discussions or any of the issues under consideration other than through joint statements of the participating organizations. Each organization, however, may discuss the progress of the discussions and the issues under consideration with its own membership as it deems appropriate. t i t page`2 We are prepared to begin substantive discussions, among principals next 'week. St is our expectation that a schedule for future discussions will be established, the issues to be considered will be identified, and the differences on the major issues will be narrowed in the first meeting. Moreover, it is our view that discussions must occurat the staff level' on-a regular 'basis "between each meeting of the principals for the purpose of refining the details of points of agreements and dealing with secondary` issue= We believe that the discussions among the principals will be ;the most productive if the "focus is on the major issues, including rate regulation, grandfathering, franchise fees, franchise renewal, access, and significant change in circumstances. We would like to meet` at 9. ^v0 a.m. on February 17` and look forward to successful resolution of our differences. serely Alan Seals John Gunther Executive Director Executive Director National League of Cities U.s Conference of Mayors National 1301 Pennsylvania Avenue NW Officers League 2Gb04 On ,D.C. eode GLmer George Lati Mayor,St Paul.Minnesota " Cities (202)626-3000 Fvst vice President Cable:NLCMES George vvan vice Maya.Clevetaria,Ohio Second Nce President January 25, 1984 Carol Bellamy Council Pres;denL New Yark.New York - Immediate Past President Charles Royer The Honorable John D. Dingell Maya.Seattle.Wasti,ngton Chairman, Committee on Energy Executwe Director and-Commerce Alan Seats U.S. House of Representatives 2221 Rayburn Hous Office Building Washington, D.C. 20515 Dear Chairman Dingell: For several years, the National League of Cities has urged 'Con gress to enact cable legislation which affirms local authority ,to protect consumer interests. In our view, the "Cable Telecommuni- cations Act of '1983 (H.R. 4103) , currently pending before the Energy and Commerce Committee, will adversely affect the ability of cities to ensure the availability to consumers of quality cable 'service at affordable rates. We believe that major changes to H.R. 4103 are necessary to establish a fair and balanced national cable .policy which ensures the availability of quality cable service by encouraging diversity of information and enhancing competition at the local 'level. National cable policy must be forward looking and flexible, reflecting the complex relationships among communications tech- nologies and services and the rapidly changing nature of the information industry. Access to information is now a prerequi- site to full participation in the American economy and is likely to become even more important in the future. Cable systems: with their high transmission capacity and economic efficiency, are expected to become a key component of the local communications infrastructure. Consequently, Congress must establish a regula- tory frarctework which ensures the availability of quality service to all consumers and the provision of a wide range of information + services over cable systems on a competitive basis. These objectives can most readily be attained through a national cable policy designed to allow for local control to the maximum extent possible. Because cable television is a uniquely local medium, local governments are in the best position to safeguard the interests of consumers. Furthermore, if local control is unnecessarily restricted, cable operators, because of their tech- nological and economic advantage over potential competitors, will have little incentive to provide quality service or diversity of Past Prosidonts:Tom Dradtey,Mayor.Los Angeles.Cai,forne•Ford L.Harrison,Maya.Scotland Neck.Nam Carolina•William H.Hudnut,Ill,Mayor.lndianaws,Indiana•Henry W.Mater.Maya. Miltlaukee,vttscons;n•Jeeata M.Rattfsy,Caenenwuman,Newoon News.Virgina•John R Rousakls.Maya.Sa•+annan.Georgia•Oiraerors:John a.Andrews.Execurrve Director.New Harr,astare Municlpai Asaociallon-Arden Ashley,Maya,Nitro.Westvirgnba•Morton S.Sorry,Jr.,Mayor,Wasmngton .C•Robert R.Confine,Executive Director,Wyoming Associatan of MunKapak6ca•Nanry Cook.Council President Jacksonvfla.Flonda•Joe W Davis,Maya.HuntSvl(e Alabama•John F.Franklin,Vice Maya.Cha•enooga,Tennessee•William F.Fulginiti,Executive Director,New Mexico Municipal League•Goorgo D.Goodman,Director,Michgan Municipal League•Edwin L Griffin.Jr.,Executme Director,KenPJCky M.Moal League•Daniel E.Griao4 Vice Maya.Santa Ana. California•Richard Guthman,Jr.,Count:Memoer.Atlanta,Georgia•Charles NoXL Alderman.M�nneavons.Minresola•Delores Hudson.Counothwman,WarrenSourg.Missouri•RdhW9 M.lasso, Manor.Caaado Samga,Col •Luthar,G.Jonas,Jr.,,savor,Corous Christi.:exas•Peter C.Knudson,Mawr 9ngnam City,Utah•Dud Laatrapeo,Mayor.Lafayette.Louisiana•Tad Leona, Council Memder.Faxoanks.Alaska•Paul A.Lent.Maya.Akan,Illincis•E.A.Mother,Execuwe Director,League W.Kansas MUniClo lilias•arian J.o•HMII,Counce Member,Philadeio•'ka.0ernsyNania •Pamela P.Plumb,Councilor,Poraand.Mane•Elaine Sitymorilsk,Council Member.Des Moines.Iowa•Con■usls S.Thompson,Mayor.EspanGa.New Mexico•Oonsid Hecker,Council Marnbsf. Newarx,Ne^n Jersey•Joaaph W.Watch.Maya.Warwick.Rhode Island•lola All.WilRems,Councilwoman.San Jose.Ca;Aania•Thomas D.Wingerd,Maya.Greenwood.Scum Carona•Louis XapatA,Cantos Memoer,Fat Worm.Texas. .. page 2 January 25, 1984 information. Cable' s broadband transmission capacity and ability to link all homes and businesses in a 'community by wire clearly set cable technology apart from 'other communications technolo- set While the issue of cable' s monopoly power has been the giesubject of mt cu 3media ebaa inl transmissionlthat oh capacityde and approaches cable system s efficiency. H.R. 4103 calls for major changes in the present regulatory the framework, establishing a dominant regulatory role forFederal Government,s essential lc nsumer protectioy cutting back onns. R n 4103 and 'eliminating many reflects the view that local regulation has stifled the develop- likely to and of cable television In Eactat accord©nye ratto Qa recent rs are un report by attain monopoly pow ': . Standard & poor, s s tem, of industry regulatiis on,nwithprevenues h under the existing Y_ increasing from an estimated $5 'billion in 1982 to $7.1- billion in 1983; ' a 42 percent increase in one year. t to A central city objectiocn becometo •%nvolved in4103 is elocalnmattersichH.R. Federal Government would 4103 would preclude virtually all local regulation of subscriber rates, establish minimal leasedfederal local act on inndardthat sarea, for video programming while precluding allow cable operators to discontinue services required by the franchise without the consent of the franchising authority, per- mit cable operators to renege on commitments to provide particu- lar cable system facilities and equipment, and establish a vir- tually guaranteed right of renewal for existing cable operators. In addition, section 152 of the Communications Act, generally establishing federal jurisdiction over broadcasting and inter- state wire communications, is amended to cover the provision of cable service. on the ability Thus, H.R. 4103 will make cable television sub- ject to federal jurisdiction, calling into questi of municipalities to exercise tauthe authority in areas of local omunicipalr no'- s ,ac i f ically covered by a(.�Aor to establish access requirements foVe�yewellVbelprohibited` ides services on a competitive basis may �cr the bill because the issue is not directly addressed. The following is a detailed review of key city objections to H.R. 4103. rg Page "3 January 25, 1984 RATE RLGULATION Deregulation Section 633 prohi,; ts the regulation of the rates for many sub- scriber services presently subject to regulation at the local level under franchise agreements. In particular, section 633 allows for the regulation of rates for basic service (narrowly defined as the lowest priced tier of service under a franchise) and. installation charges and converters rentals for the reception of basic 'service only in the following circumstances: (1) in franchiseareas inwhich50 percent of the subscribers are not theoretically capable (i.e. , no interference with signal trans- mission is assumed even if there actually is interference due to manmade or geographic obstructions) of receiving four or more television stations over-the-a' r' 90 percent of the time (i.e. , in franchise areas not within the grade B contours of at least four television signals) ; and (2) under existing franchises for the longer of five years or one-half the remaining term of the fran- chise. Additionally, section 633 does not even provide municipalities with residual authority to regulate rates for subscriber services if essential services are provided over a cable system or if a cable operator has monopoly power in a particular market. -Definition of Basic Service Section 602 (2)„ which defines basic service, thereby establishing the extent to which municipalities may regulate rates, imposes additional restrictions on municipal authority over rates. Section 602 (2) defines basic service as the tier of service which is offered to subscribers for the lowest fee and which includes local broadcast signals, public, educational, and governmental access channels, and other services specified in the franchise as basic service. This definition of basic service is far more restrictive than the definition of basic service included in most existing franchises (e.g. , basic service is defined as any pro- gramming service, other than a programming service such as a premium movie service, offered for a separate fee on a per pro- gram or per channel basis) . Moreover, under many existing franchises, particularly those granted in the past five years, cable operators have made offers to provide basic service in more than one tier as a way of increasing the consumer's price and service options. As a result of this industry practice, the lowest priced tier under many franchises has only a small number of services or its ser mom Page '4 January 25, 1984 vices are very; limited in nature and, consequently, is subscribed to ;by a very small percentage of subscribers. Thus, in many com- munities,; the citywould be barred from regulating the rates charged to most subscribers for basic "service as a :result of the conf lict between sAction 602(2) 1s 'def inition of basic service and the franchise agreement's definition. Grandfathering Section 633 (b) provides only limited grandfathering for municipal regulation of basic service rates under existing franchises for the following reasons: (1) rate regulation is permitted only for the longer of five ' years or one-half the remaining term of the franchise; (2) authority to regulate;basic service rates is sub- ject to section 602 (2) restrictive definition of basic service; and (3) automatic rate' increases may be taken ' under section' 633(c) in virtually all cases. Consequently, the grandfathering provision will be of limited' utility in most cases, especially if the franchise calls' for more than one 'tier of basic service. In addition,, section '633 -does not grandfather municipal regulation of basic service rates ' in communities served by four or more over-the-air television stations if the franchise isnot granted until afer the bill' s date of enactment unless the city' s Request for Proposals (RFP) was issued prior to November 1, 1982. Automatic Rate Increases Even if rate regulation is permitted under section 633, sec- tion 633 (c) allows a cable operator to increase automatically basic service rates and related charges without approval of the franchising authority by the percentage increase in the regional consumer price index (CPI) for the prior Year. If the cable operator does not exercise this right in a particular year, unused CPT increases may be carried over for later use for as long as three years. The only circumstances in which rates may not be automatically increased under this provision are if basic service rates have been frozen or guaranteed under an existing franchise for a fixed period of time or if there is a 70 percent penetration rate and 50 percent of the subscibers cannot receive four or more over-the-air television stations 90 percent of the time. Nondiscrimination Section 633 (e) allows a city to require uniformity in the rates for basic service, as narrowly defined in section 602 (2) , throughout the franchise area. However, the franchising authori- ty cannot require uniformity in the rates charged to subscribers Page 5 January 25, 1984 for any other service. In other words, the franchising authority has no authority to prohibit the cable operator from charging discriminatory rates to subscribersfor any 'service other than basic service (i.e. ,' ,the cable operator is free to vary the rates charged i:o different subscribers for the' same- service) PUBLIC, EDUCATIONAL, tuiD GOVERNMENTAL ACCESS PEG Access Requirements Section 612 provides municipal franchising authorities with broad authority to establish public, educational, and governmental (-PEG) access requirements for. the provision of video and nonvideo services and does not preclude the setting aside of channel capacity on institutional networks for PEG access use. The sub- leasing of PEG access capacity on a commercial basis, however, is apparently prohibited under section 612(a) . Cable Operator Use of PEG 'Access Channels Section 612(b) allows the cable operator to use unused PEG access channels for its own purposes without the consent of the 'fran- chising authority. A franchising authority, however`, may require the restoration of any channel capacity used by the cable opera- tor under this provision when the franchising authority deter- mines that there is access demand for the channel capacity in question. LEASED ACCESS Video Services Section 613 establishes federal leased access requirements and enforcement provisions for video programming and precludes all state and local regulatory activity in this area. Under sec- tion 613, the maximum number of channels that would be available for leased access use is as follows: (1) on systems with fewer than 36 channels, no channels (the sole exception to this pro- hibition is that leased access set asides included in existing franchises would be grandfathered, subject to section 613's minimal enforcement provisions) ; (2) on systems with 36 to 54 channels, 10 percent of the channels remaining after subtracting the number of channels set aside for particular uses by federal regulation (e.g. , the FCC' s must-carry rules) ; (3) onsystems with 55 to 100 channels, 15 percent of the channels remaining after subtracting the number of channels set aside for particular page 6` Q January 25, 1984 uses by federal regulation; and (4) on systems with more than 100 channels, 15 percent of the channels. These standards would apply only to systems with 36 or more chan- nels, thereby failing to ;provide the benefits of leased access (i.e., diversity of information) to residents of communities with low capacity systc::^ . moreover, all cities would be barred from requiring the set aside of additional channel capacity for leased access or from establishing more stringent enforcement provi- sions. a Under section 613' s enforcement provisions, the cable operator has broad discretion to establish terms (e.g. , price) for the use of a leased access channel and may, in setting that price, take into account a range: of factors, including the impact of channel leasing on the financial condition and market development of the system'. Disputes over the reasonableness of the operator's pro- posed terms ro-posed"terms can: be resolved only through complicated proceedings in federal court in which the operator's proposed terms are pre- sumed to be reasonable (Sec. 613 (e) ) . Additionally, no guide- lines are established for the allocation of channel capacity . among lessees when demand exceeds the channel capacity available _ for leasing. I FA Finally, the FCC is granted broad residual authority under sec- tion 613 (f) to establish additional regulatory requirements, apparently including the regulation of rates for the use of chan- nel capacity for the provision of service to subscribers, when 70 percent of the nationi s households are passed by cable systems with 36 or more channels and 70 percent of the households passed Y are cable subscribers. Residual authority allowing for the establishment of additional { regulatory requirements when a cable system has monopoly power should more appropriately reside at the local rather than the k federal level, as cable television is clearly a local medium. Additionally, a more flexible standard should be established which allows for the exercise of residual authority by munici- palities when a cable system has monopoly power at the local level instead of relying on a triggering mechanism which takes ss effect only when the cable industry has attained monopoly power # throughout the Nation. Nonvideo Services Section 613 neither establishes federal leased access standards E for nonvideo services (e.g. , security services, data transmis- sion, telemetry) nor explicitly limits local authority in this area. Local authority, however, may very well be limited by implication because of the preemptive approach of H.R. 4103 and car- Page 7 January 25, "1984 section 613 (f) ' s prohibition of utility or common carrier regula- ffi tion, a provision which may invalidatefranchise requirements which are common carrier in nature and call for the provision of nonvideo 'services by; competitive service providers on a nondis- criminatory basis. Consequently, H.3. 4103 should include provisions under which access to the ; y-, __4m can be assured for the provision of nonvideo services on a competitive basis and anticompetitive conduct by; the cable operator prohibited. Additionally, municipal fran- chising authorities should have broad authority over access to the cable system for the ;provision of nonvideo services when a cable system has monopoly power in the nonvideo services market. Institutional Networks Section 613 does not address the issue of leased access require- menu for the use of' institutonal networks (i.e. , networks con- netting businesses and/or public institutions which are separate ; from the subscriber .network connecting residential customers) . As with leased access requirements for nonvideo services, local authority to establish leased access requirements for the use of ' the institutional network should be affirmed. Consequently, H.R. 4103 should include provisions authorizing the establishment of leased access requirements for the use of the institutional network and authorizing the exercise of broad regu- latory authority when a cable system has monopoly power in the market for communications between institutions at the local level. CABLE SERVICES Service Requirements Section 634 prohibits a municipal franchising authority from establishing any service requirement (e.g. , particular types of video and nonvideo services) in the RFP. However. , an offer to provide particular services made by the cable operator in its proposal may be incorporated into the franchise and enforced, subject to section 634 (4) which allows a cable operator to dis- continue particular services required by the franchise whenever there has been a "significant change in circumstances." Service requirements in existing franchises are grandfathered tter how under section 631 (4) , subject to section 634(d) , no ma f t Page '8 January 25, 1984 established. Not grandfathered, however, are service require- established ments included in franchises resulting from, pending FLFP' s issued less the franchise is actually grantee? after October 31, 1982 un before the bill's date of enactment. The absence of a provision grandfathering service requirements resulting from these ,pending RFP' s will mean that any service requirement included in a fran- chise that results ,r.om an RFP requiring the provision of par- ticular types of services will not be enforceable unless the franchise is granted before the bill' s date of enactment. Significant Change in Circumstances Section 634(d) allows a cable operator to discontinue any 'service required by a franchise based on; a unilateral assertion that there has been a significant change in circumstances since its original offer to provide the service in question. - Section 634 (4) is deficient in at least three' respects: (1) no ;clear standards; for determining whether the cable operator's action was justified are ; set; (2) the cable operator is not required to replace the discontinued servicewith a service of a similar quality and nature; and (3) the franchising authority has no authority, to review the operator's action in the context of com- munity need. Because of section 634(d) Is deficiencies, the only recourse available to a city which objects to discontinuation of a service by a cable operator would be burdensome court proceedings in which the franchising authority would have almost no chance of . success due to the absence of clear legal standards. FACILITIES AND EQUIPMENT Significant Change in Circumstances Section 631 (e) authorizes the discontinuation of facilities and equipment required by a franchise whenever a significant change in circumstances makes the provision of particular facilities or equipment impracticable for economic or other reasons. The effect of this provision is to grant the cable operator a right to obtain reductions in its contractual obligations to provide particular facilities or equipment. In other words, a process is established for reducing a cable system' s channel capacity, re- ducing or eliminating access-related facilites such as studios, eliminating institutional networks, and voiding franchise requirements to install cable system facilities throughout the community. The franchising authority, however, is not entitled to obtain increases in the facility or equipment requirements of the franchise even if a significant change in circumstances makes (r Page 10' January 25, r1984 for and cost of; providing the proposed facilities; (4) the quality of the operator' s signal has not met minimum ECC standards; or (5) the; operator' s proposals are not reasonable in other areas. Under these tests, the franchising authority does not have clear authority to decay renewal of a; franchise if the operator' s past ' performance has not been generally satisfactory or if the opera- tor pera tor is not ,willing to,provide a state-of-the-art system. Perhaps 4 more importantly, the franchising authority is required to demon- a strate that the operator' s proposal is unreasonable. In other r words, the 'operator' s proposal is presumed to be reasonable unless `the ;franchising authority can clearly ' demonstrate that it is unreasonable. Antitrust Section 635, because it does not provide antitrust immunity- to a f municipality acting in accordance- with `its provisions, exposes cities to °potential antitrust challenge. In many ways, section ( `635 establishes renewal procedures and standards which require the city to give preferential treatment to the incumbent operator regardless of the adverse impact on competition. Particularly ; troublesome' are section 635(a) ' s implicit presumption of renewal and section 635(d) (1) ' s required good faith negotiations with the incumbent operator even in cases in which competing applications have been submitted or are likely to be submitted. Such preferential treatment of one company is likely to create the appearance of collusive dealing and, as a result, may serve as the basis for an antitrust lawsuit against the city as is now permitted under the Supreme Court' s 1982 ruling in Community Communications Company, Inc. V. City of Boulder that cities are subject to the antitrust laws. Judicial Review Section 635(e); makes franchise renewal decisions, traditionally a legislative matter. , into a judicial matter by removing final decision-making responsibility from the city to the courts, an independent hearing examiner, or administrative law judge. This transfer of authority is a result of the provision requiring de novo judicial review of adverse rulings by the city in franchise renewal proceedings unless a local judicial process has been utilized in which the renewal decision is made by an independent hearing examiner or administrative law judge. It is entirely inappropriate, if not unprecedented, to remove ultimate responibility for the decision to renew a franchise from the city. Moreover, rhe novo court proceedings are likely to be Page ,9 January 25, 1984 an upgrade of the system' s capacity appropriate. Section 631 (e) , unlike section 634 (d) which governs reductions in service requirements, does include a 'process for resolving dis- putes between the cable operator and the franchising; authority over proposals to reduce the franchise's facility and equipment requirements. It, however, is an arbitration process which is so heavily weighted -a favor of the cable operator that it only com- pounds the problems caused by section 631 (e) Is lack of clear standards. The proposed arbitration process is entirely risk-free for the cable operator because the only issue that can be considered is the extent to which the franchise's facility and equipment requirements should be reduced. The most likely outcome would be authorization of reductions in the franchise' sfacility, and equipment requirements as arbitrators generally split the dif- ferences between the two parties. Thus, the arbitrators ma=r not approve all the reductions requested by the operator, but will, in all likelihood, ;sanction about 50 percent of the proposed reductions. For the franchising authority, on the other hand, the proposed arbitration process is an extraordinarily risky proposition: the best outcome that could be expected would be continuation of the franchise's facility and equipment requirements ;without modifica- tion, an outcome which is not likely given the tendency of arbi- trators to split the differences between the parties. Thus, the arbitrators may not approve all the reductions requested by the operator, but will, in all likelihood, sanction about 50 percent of the proposed reductions. FRANCHISE RENEWAL Presumption of Renewal A municipal franchising authority is required to renew an incum- bent's franchise unless it finds that the operator has not met one of five tests established by section 635(x) . Thus, in order to, deny renewal of a franchise, the franchising authority must demonstrate conclusively that: (1) the cable operator has not complied with the material terms of the franchise; (2) the cable operator' s financial, legal, or technical qualifications have changed to such an extent that its "continued provision of ser- vice" would be impaired; (3) the cable system facilities proposed by the operator are not reasonable in light of the community need 4 MOR 1:111 1: '1121a Page 11` January 25, 1984 costly and drawn out, severely limiting the city' s ability; to ensure that its residents are provided with cable service during' the period of judicial review. BUY OUT Fair Market Value Section 635 requires payment of fair market value by any person who purchases the cable system from the cable operator on the expiration of the franchise. If the cable operator and the purchaser cannot agree on fair market value through negotiations, then the matter is -submitted to binding arbitration for deter- s mination of fair market value. This provision is deficient in several respects: (1) some franchises specify a price other than fair market; value (e.g. , depreciated book value) ; (2) many fran- chises establish a process other than binding arbitration for resolution ;of disputes on valuation (e.g., an independent appraisal) ; and (3) due to the lack of a definition of fair market value, it may be argued that intangible assets such as the value of the franchise must be included in fair market value. The ability; to establish an affordable buy out price determines whethercities can ensure upgrades of cable systems during fran- chise ran chise renewal proceedings. If the buy out price is prohibitive, then the incumbent will be effectively guaranteed renewal even if 4 its proposal fails to meet community needs because no other cable company Swill he able to afford entry into the market. � x We recognize the difficult task of developing cable legislation which addresses the central concerns of cities, consumers, and cable operators in a fair and balanced fashion. We are also grateful for the many improvements made to the bill in Subcommit- tee and, because of the difficulties we encountered in attempting e to develop a compromise position, are all too aware of the difficult task facing the Committee. We are prepared to offer ; the Committee any assistance necessary , in developing fair and balanced national cable policy. We believe that enactment of federal cable legislation is neces- sary. ' Municipal authority over cable television is constantly being challenged in the courts, ,at the Federal Communications Commission, and at many state public utility commissions. Conse- quently, the time has come for Congress to clarify jurisdictional Page 12 January 25, 1984 authority and establish a flexible and forward looking regulatory framework which affirms local authority in areas of local concern and ensures the development of a' healthy cable industry. However, we do not believe that the quid pro quo for enactment of cable legislation should be unnecessary and inappropriate con- straints on municipal authority or ambiguities as to the extent of that author` -y_ In fact, it is essential that all questions as to which 'level vi government has authority in each area of regulatoryconcern are resolved. In many`; ways, H.R. 4163, because -of its ambiguities, compounds existing uncertainty by raising additional questions as to the division of authority ;between the Federal Government and states and localities. Cable' legislation must affirm municipal authority in areas of legitimate' local concern, including authority to: (l) regulate basic service rates; (2)> enforce contractual provisions in new and :existing franchises to provide particular services, facili- ties, and equipment; (3) secure system upgrades in franchises>S renewal proceedings; and (4)` set and enforce leased access requirements in the franchise. Furthermore, national cable policy must be sufficiently flexible and adaptable to accommodate changes in technology and services, allowing for revisions in the regulatory framework consistent with industry developments. We look forward to working with you as the Committee takes up cable legislation. Sincerely, s Georg Latimer, President Mayor of Saint Paul ccs Members of the House of Representatives Vol. 5 No. 4–January 30, 1984–$1.00 �� t R:•<43$ �.s�r5'k' ° �,ti -r arm Predicts f I , said the organization ovas inter- ested in returning to the table to C,4mmRee Nssage address key provisions of the i present bill. l Among them,he said,are pro- visions a}lovring for the relaxation : -Of Cable Measure of rate regulation,the presume NCTAI f ( be enacted in the 98th Congress." tion of franchise renewal,and the I ��Urges NLC,` i hE said. changed circumstance prrvis:on, To � � However. in a warning to the enabling cable companies to Seftle liable television lobby, Rep. withdraw more easily from fran- i By Paul McCloskey Dingell told the mayors that if the chise contracts. p Washington Bureau Chief industry"doesn't nc gotia,c fair- Neither party would comment :a !II1�( '1't)N. D.C.-1're- IN.,they cvon't get any bill at all." on which provisions each would dieting a cable bill will pass his, National Cable Television concede during the talks. comnuttee this session of Coto- Association president Toni Rep.Dingell pledged he would gress. Commerce Committee W heeler was quick to respond to "ensure the talks would proceed in l chairman John Dingell lD-1b1I l the invitation to reopen discus- a fair manner and his committee last week urged city officials to suons %%hick have foundered would glee each side a"reason- negotiate with the National Ca- since last year's annual National able period of time"to come to f bie'1elexI ision Association to en- Please turn to page 40 an agreement,"a key concern as I sure that the bili which does pass _ reflects the cities'view point More d than the current version, H.R. the house has scheduled only"c0 4103. days of legislative business for the €_ Rep.Dingell,who has public- rest of the session.Dingell t h`opposed the bill to its present lie added there was both 1 form,told city officials gathered Continued from page one strong support for some form of at the U.S.Conference of Mayors League of Cities conference. federal guidelines governing ca- mid-winter meeting here that un- Ina letter drafted to the chair- hie television on the committee less a new compromise is reached man,Mr.Wheeler said,"We wel- and chastised city officials for be.- hetween the two groups,the bill come the leadership you have ing"woefully ineffective in per- islikely to pass in a form he de- shown today on H.R.4103.We suading Congress that the status scribed:as unabashedly bad... are ready to meet with the repre- quo is acceptable."However, "It would be a .cry serious sentatives of the cities at your he said he would not abide bad (' mistake to assume that this hill earliest convenience." faith discussions by either party: «-ill not be considered by the full Mr.Wheeler added the NCTA "The industry has a legitimate Energy&Corimerce Committee would reopen negotiations"with fear that the cities might use any r and that no cable legislation will the assumption that the conies- such process as an opportunity sions both sides have made in pre- for a delay,hoping to run out the vious negotiations will be open for clock and kill any cable legisla- renegotiation." tion. Both the National League of "On the other hand."he con Cities and the U.S.Conference of timed. "the message has been Mayors also quickly agreed to re- delivered to t}ae►nayoc s at varion-c turn to the bargaining table. stages . . . that' you'd better N LC legislative counsel Cynthia make a deal and cut your losses Pols said new talks would allow because the train is pulling out of for"negotiations from scratch." the station. While I don't intend USCM communications com- to resort to that typ of blackmail. rrtittee chairman Richard Cali- Ido not indend to wtntenancc guiri. the ntavor of Pittsburgh. delaying tactics by the cities,"he said. 0 i , CITY;OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA ITEM AGENDA OF: March 12, 1984 #: PREVIOUS ACTION: DATE SUBMITTED: March 7, 1984 ISSUE/AGENDA TITLE: REQUESTED BY: William A 114onaha.n Urban Planning Area Agreement �. CITY ADMINISTRATOR: DEPARTMENT HEAD OK: INFORMATION SUMMARY urban reement for Attached is a draft resolutiongathatthe eeestiCouncil adopt,age new modified e fiedagreementur ; consideration. I am Sugg which leaves the transportation issues unanswered until information is available for a joint committee to review and make a recommendation. I am recommending that the dation. ounty new 'proposal be 'adopted by resolution so that may thenthennmay adopt smit it oit by the ordinance. for comment. If both parties agree to the language, y s° F r; g g, -- T ALTERNATIVES CONSIDERED into her The Council can punt the the resolution andect me to draft UPAAnorrdecideftottakedno actions .with. WashingtonCo y at this time. SUGGESTED Day .,r I recommend that the Council pass the resolution and authorize me to send the item to Washington County for acceptance. Q: iii MIAMI: MEMORANDUM CITY OF TIGARD, OREGON a March 7, 1984 F TO: Members of the City Council FROM: William A. Monahan, Director of Planning &Development SUBJECT: Urban Planning Area Agreement The 'City's hearing before LCDC on the Comprehensive Plan will be held on either April 26 or 27. State law; requires that we have an Urban Planning,' Area Agreement with 'Washington ;County which is in accord with the Comprehensive Plan.. At this time,: we are operating under the March 1980 Agreement which does not run out until March of 1985. This agreement is not in compliance with either Tigard or Washington County's Comprehensive Plans. Prior to our Comprehensive Plan hearing' we should take appropriate steps to reach an i agreement with the County. .-sr I am; proposing that the Council review and adopt the attached resolutions. If approved, I will forward the revised agreement (which is changed to delete the transportation issues) to the County for consideration. If you wish, you i should also direct the staff to prepare an ordinance for consideration by the { Planning Commission and the Council 'which would formally adopt the 'Urban Planning Area Agreement. e- t (WAM:pm/0346P) i E; 5 i E g WASHINGTON COUNTY l ' ADMINISTRATION BUILDING— 150 N. FIRST AVENUE HILLSBORO,OREGON 97123 BOARD OF COMMISSIONERS PLANNING DEPARTMENT I503I 648-8761 WES MYLLENBECK,Chairman BONNIE L. HAYS,Vice Chairman EVA M. KII_LPACK JOHN E. MEEK LUCILLE WARREN March 6, 1984 Tigard Planning Commission City of Tigard P.O. Box 23397 Tigard, OR 97223 RE EXTENSION OF GAARDE STREET THROUGH THE PROPOSED PARK PLACE DEVELOPMENT Washington County staff has reviewed the proposed Park Place Planned Develop- meat to be considered by your Commission on March 6, 1984. Washington County staff finds that the extension of SW Gaarde Street, as designed, is inconsistent with the Washington, County Comprehensive Pian. The extension of SW Gaarde Street will ultimately become part of the Murray Blvd. Extension. The acknowledged Washington County Transportation Plan states: Extension of Murray Boulevard: Existing as well as proposed development within the Cities of Beaverton and Tigard will increase the need for improved access . between these municipalities. Lacking this interconnection, local , short distance trips will plague and congest travel on Highway 217 and Scholls Ferry Road. County analysis indicate that a two to three lane minor arterial or major collector extension of Murray Boulevard south of Old Scholls Ferry Road, preferably to Gaarde Road which connects to 99W (Pacific Highway), will accommodate Year 2000 travel projections. Assuming that an Aloha bypass is constructed west of Bull Mountain, the Murray Blvd. Extension could be designed and constructed as a major collector rather than a minor arterial . (The process used to determine the functional classi- fication of the Murray Blvd. Extension is contained in Attachment A.) The County's Transportation Plan describes a major collector as follows: (3) Major Collectors: (Example, Rock Creek Blvd. and Parkway) Functional Purpose: In most instances Major Collectors are intended to carry traffic from Local Streets or Minor Collectors to Arterials and are public thoroughfareswith a lesser degree of future traffic than an Arterial . an equal opportunity employer MAN M.USti Tigard Planning Commission March 6, 1984; Page 2 Design Considerations: A Major Collector will be two to three lanes wide and designed to carry traffic at speeds of between 35 :and 45 miles per hour. On-street parking will not be provided. Sidewalks will be provided and bicycle facilities are required by the Pedestrian-Bicycle portion of the Plan. A Major Collector will be designed to allow for the efficient movement of buses in mixed traffic. The design of a Major Collector will include a comprehensive land- scape plan including street trees (which do not impair transportation safety), ground cover, and provisions for minimizing the impact of overhead utilities and outdoor advertising.: Land Use Considerations: Developments likely to;generate a high volume of traffic should be discouraged from locating on Major Collectors that also serve residential districts. Residential development adjoining a Major Collector will be carefully buffered from the right-of-way. County road designstandards call for major collectors to have a paved wioth of 40' - 46' located within a 70' right-of-way. A road constructed to the preceeding standards would adequately carry traffic between Beaverton and Tigard as well as providing good access to persons living in the vicinity of the Murray Blvd. Extension. In light of the preceeding discussion, Washington County staff finds it necessary to object to the proposed Park Place Planned Development for the following reasons: 1 . The proposed "T" intersection is inconsistent with Washington County design considerations for major collectors because it impedes the smooth flow of traffic through the area. 2. The proposed 60' right-of-way is inadequate for a major collector. 3. The proposed improvement width is inadequate for a major collector. 4. Direct access to the Gaarde/Murray Blvd. Extension is allowed for some of the dwelling units. This is inconsistent with County design considerations for major collectors. The City and the County have been aware of the inconsistent designation of the Murray Blvd. Extension within their respective Transportation Plans for some time. This issue was specifically addressed in the Washington County-Tigard Urban Planning Area Agreement. The Urban Planning Area Agreement contained the following language: 4. Resolution of outstanding transportation issues between the parties; including: sr3mp�..�Y Tigar�'P�annng Commission March 6, 1984' Page 3 a. consistent street classification standards; b. the status of Durham Road; and C. the need and location of the Murray Boulevard Extension and Scholls 'Ferry Road to Highway 99W. Until resolution of these transportation issues, the parties shall take no action to preclude alternative solutions ,to those issues. As of January 1 , 1984, this Agreement shall lapse and the agreement currently in effect between the parties shall revive, unless: ` r 1 The parties resolve the issues set forth above; and 2. The parties extend the time in which to reach agreement. z 3 The purpose of this language was to indicate that an inconsistency existed and to assure that a solution would be achieved prior to any development taking place. For whatever reason, the-City of Tigard has decided not to extend the Agreement. Washington County is ready and willing to move toward resolving 'these 'issues. , Please enter this letter into the hearing record. If you have furtherquestions regarding this matter, ,please, give me a call . Iwo pit z r and A. Daniels, Directo , Land Development and Transportation Division RAD:KM:MBM c: Commissioner Wes Myllenbeck k Commissioner Lucille Warren Donald D. Stilwell , County Administrator k Brent Curtis, Planning Manager Jerry Kammerman, Road Engineer Bob rJean,, Tigard City Manager` r' Frank Currie, Director of Public Works, Tigard William Monahan, Planning Director, Tigard Andy Cotugno, METRO 1 111giffli-11,11 0-0 ' 101 k ATTACHMENT A WASHINGTON COUNTY - t�f ADMINISTRATION BUILDING-750 N.FIRST AVENUE HILLSBORO OREGON 97123 BOARD OF COMMISSIONERS February 3, +1983 DEPT.OF PUBLIC WORKS 201 WES.MYLLENBECK,Chairman ROOM 8- - BONNIE.L. HAYS,Vice Chairman (503)6448$886 EVA M. KILLPACK JOHN E. MEEK LUCILLE WARREN Mayor, Council and City Manager City of Tigard P.O Box 23397 Tigard,, OR 97223 RE: Status of County Planning for 'Roads in Tigard Area � t Ladies and Gentlemen: [ 4{ Washington County Commissioner Lucille Warren has 'asked that I prepare for you a report of ,the County's recent efforts to €' plan for 'County facilities in the Tigard :area. Two reasons have generated this need: 1) Development of the County's Comprehensive i Land Use Plan, and F 2) the feasibility analysis of a Local Improvement District in the 135th-Walnut area. Commissioner Warren has also asked me to summarize this Department's position on Durham Road in light of recent studies carried out on that roadway as well as in relation to our trans- portation planning efforts. Sincerely, Larry Rice Director o ublic Works I LR:T�iCN:ss Martin C. Niz ek, L Attachment Transportation Manager I. CC: Board of County Comm. County Administrator ff Rick Daniel { t Frank Currie I: I on equal vppurtunitr einplv,rer A � 9 COUNTY ROAD PLANNING t Y In the spring of last year the County ;contracted with Metro and jointly developed an extensive upgrading of Metro' s computer model used for analysis of roadway needs. This. model encompassed the entire urban area, including the City of Tigard, allowing a detail of traffic analysis to at least the arterial and major collector system never available to Washington County jurisdictions previously ) In the late spring of last year the County Planning staff (assisted by Metro staff) collaborated with city staffs to establish eoncensus on population and employment projections for use in the transportation model. While .staff 'representatives from Tigard were made aware of this effort at interagency coordinating meetings (Planning Directors' meetings),.as well as through correspondence from Metro staff, no input was received from Tigard. Given the City's non-response to requests to participate in reaching a mutually agreeable set of population and employment projections,' Metro staff utilized previously adopted regional control totals to estimate Ti.gard' s share of future growth. Subsequently the computer model was run to analyze road needs. One readily apparent problem to the transportation planning staff , �. throughout the ,analysis process was the magni-tude .of- conaestion to be witnessed along 'Highway 217 and sections of 'Schol'ls Ferry Road and the increased encroachment this would generate to local Tigard streets such as Walnut. Given the fact that the County functional classification plan as'well` as the Regional Transportation Plan have for some time called for the Murray extension, it was logical for staff to, investigate this alternative. I would note here, as I do under discussion of the 135th Local Improvement District, that County staff has made every effort to respect the character of the land use and the terrain of this area. . In this respect efforts to minimize the size of aiiy extension of Murray were quite explicit and this was one of the primary reasons for looking into the Aloha bypass using Beef Bend :and Reusser Roads. This brings us to the County's evaluation of the traffic requirements in this area. Attached you will find diagrams which evaluate the following configurations: 1. No new road extensions. 2. Murray extended to 99W. 3. Beef Bend-Reusser bypass. 4 . Beef Bend and Murray extension. 1 I would note that Metro staff has informed us that Tigard staff has made partial use of the information at Metro but Paas not used the model to evaluate its -proposed transportation plan. County Road Planning Page 2 Not having benefit of the City's transportation analysis efforts we are not able to contrast these valuesto the City's. We stand ready to ;do so, however. In viewing the alternatives shown in the referenced diagrams, staff noted the congestion on Highway 217; a facility which I'm sure you will agree would be extremely costly to expand given the existing structures and land costs in the area. We feel it is 'important', however, to recognize the 'regional significance'_of improving the accessibility in this area. Frankly, given the vacant developable lands not only in Tigard, but in Beaverton and other areas of the County, the only sound planning approach is to provide the urban services which will be necessary to accommodate this growth. Finally, I would note that our plan recommendation (which has been available' since mid-November of last year), embodies the objectives discussed above_ That is, improved Washington County accessibility to meet State planning guidelines are met while minim4.zing neighb-or- hood encroachment as well as potential costs to the public for new roads. 135TH-WALNUT LOCAL IMPROVEMENT DISTRICT As you are most likely aware, the County and City staffs have been cooperating in"establishing- a' Local Improvement District to place improvements on portions of these facilities. I would like to take this opportunity to note to you two efforts which the County has absorbed to further this effort. First,, in May of 1' 982 the County expended some $2000 for services by Metro to carry out a special traffic analysis. The purpose of this study was to provide preliminary information to the Local Improvement District consultant on the traffic which a Murray extension would carry and, thus, the relief to 135th and walnut. (This effort, of course, was superc°eded by the broader Metro modeling effort completed last September. ) The second effort which the County has supported to assure the provision of appropriate urban services was a, supplemental $6000 agreement with the Local Improvement District consultant to evaluate alternative alignments for the Murray extension. (This process is nearing completion and an alignment map will be presented in discus- sion with your Council. ) In summary, we feel our process has been open, cooperative and comprehensive as LCDC would require in meeting the intent of the goals. we hope, when briefed on these facts, you will realize our attempt to respect the neighborhood needs but, also, the need to consider the broader travel needs of other County residents. County Road Planning Page 3 DURHAM✓ ROAD In joint discussions with Tigard and Tualatin staffs last year, it was decided that a series of studies be carried out to investigate; the following: 1. The need to restrict 'truck' traffic (over 30,000 pounds GVW) on ;Durham Road, and 2.'' the feasibility of using the Tualatin-Sherwood bypass as an alternate route. Several studies were carried out in this regard and, while we have not been able to compile a final ,report 'on these efforts, the following 'represent. the 'major conclusions which can be drawn: 1. The average '(three axle +) truck traffic on Durham Road (99W to Hall Blvd.) is 200 per day 'during weekdays and 'about 75 per 'day on weekends. 2.` Very few of these heavy truck movements occur between 10:00 PM and 6;00 AM. An average of only about 'six per night was determined. 3. Noise studies carried out by the USDOT over a one day period found only two violations,' neither 'of which were heavy trucks. 4 . The Oregon Trucking Association looked into speeding on this facility and found that smaller, step-type vans and delivery vehicles are responsible for speeding violations, not heavy trucks. 5. The Oregon State Speed Control Board carried out speed and accident studies and found the existing 40 MPH limit to be appropriate. 6. The proposal to route truck traffic to Tualatin Road and the Tualatin•-Sherwood bypass cannot be enacted at this time because of the inability of a number of intersections to safely accom- modate trucks. 7. Metro and ODOT will be conducting a travel survey in this area later this year. Additional data could be developed from this study (if appropriately structured) to determine if the proposed Tualatin truck route would divert a significant number of trucks to make this a viable option. In summary, I cannot recommend the limitation of truck traffic at this time on Durham Road. Further, the transportation modeling effort previously discussed indicates the need for Durham RoF.d to function _ as an arterial street given projected development in the area. (See previous figures in this .report.) 1 05 N EN i .f County Load Planning Page 4 �A It may be possible to improve Durham Road while protecting and buffering surrounding residential neighborhoods. The County stands ready to discuss this option with Tigard and, indeed, we need to move forward in this area given new development that will require County permits in order to access Durham Road. Finally, it appears that both the County and City -transportation planning efforts have arrived at differing conclusions as to the appropriate functional classification for Murray's extension and for Durham Road. I would greatly appreciate the opportunity to review the technical information supporting the City's recommendation and the subsequent opportunity to work with your staff in resolving the differences. 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'4l+.La_ ^f '" ttM i.. �. k�'Z-�' -.,n- x -E.,.==� '�- r .,�. •£.a�'.�YS�y�$,�^ .� 3rFaL�;f'�"�i5+'W�. �� :� f.�-, -.S� ��r,{.:.. � ,�„w'i•.'�'_. roT. � ,.-G- mss._meati X�, �`��y �f�sir.. �2 :a $;�.r _ � �.� q.-�};w a,: �. .: ';� 'S,e ._:,s -,.��.,t•<�e P� r.�z..t` � "b .:r '� r ,S a`,�. i"� �'il 5 - u-x x•. �: �" �."� a,..a'.�" =��.` `�'.rr�5,� �:�"�; r'��.. a��u. '�y`„� ` .-.,�,�y".,.�a�. est ..-•.�S_ �,.- ,•i"s„ t9 "`"'a a--ta�: --5...t ,'t' .a�+ .„�Y'1+a.. z�����'-r r t%,,:.. ..,�� �. .� ,�r� +�s r _ t--�t•�: + .:., :.-��,,.C'._ . � �s ,� �k�. �`�Uss S CITY OF TIGARD, OREGON " COUNCIL .AGENDA ITEM SUMMARY AGENDA OF: 'I/12184 AGENDA ITEM # �t DATE SUBMITTED: 1r)/R4 PREVIOUS ACTION: N.A. ISSUE/AGENDA TITLE: Fir. Pronprrty Insurance Renewal REQUESTED BY: 'Purchasing Agent DEPARTMENT HEAD OKs GCi CITY ADMINISTRATOR: INFORMATIONSUMMARY The city's insurance policies for blanket' buildings and personal,property; data processing and contractors equipment floater coverages expire 4/9/84. " City staff is recommending extending the current contracts to November 5, 1984 because we want all policies to expire at the same time. The premium is less than5000 and therefore the $ purchasing rules do not apply under Rule 10.070.` However, the city 'does' have an Agent of Record and will be soliciting competitive bids for the period of. April 9: 1984 to November 5, 1984. FOR YOUR INFORMATION ONLY: As a matter of information to -the Council, the rules limit the appointment of an Agent of Record for a 3 year period. Council should be aware we have exceeded that period of time and as a part of the re-evaluation of the whole insurance program we will need to advertise and go through the process for the selection of an Agent of Record. We anticipate to go through the process within the next 6 months. asamasaaaaaascasascssac�fficsaa masascsscsss_�=sa.-aac==sssysscass=asa=sscscsasaas¢axaTs. ALTERNATIVES CONSIDERED N.A. aa�waa�smaataacceeccaimaszasmasaasczxmcx�aaxsaaaaaascaaacc=aaasaaaa¢ssaaaaasaaieaaaaasstasaai�a.a SUGGESTED ACTION Recommend the Council acting as the Local Contract Review Board approve the soliciting of quotes for the exact same coverage to be extended from April 9, 1984 to November' 5, 1984. CITY OF TIGARD, OREGON gym; COUNCIL AGENDA ITEM SUMMARY ; AGENDA OF: March 12, 1984 AGENDA ITEM #: ( , DATE SUBMITTED: March 8, 1984PREVIOUS ACTION: Petitions filed by ISSUE/AGENDA TITLE: Resolution 84-70 prospective candidates calling special election for Mayor REQUESTED BY: J. Widner, Finance and Council Position #2, May 15, 1984 Director DEPARTMENT HEAD OK: J. Widner CITY ADMINISTRATOR: " INFORMATION SUMMARY The City has received' and candidates have accepted nominations for the positions of,Mayor and ,Council Position #2 to be elected May 15, 1984. Certification of candidates' names must be delivered to Washington County Elections no later than March 15, 1984. In the past, the City has not acted on elected positions by resolution,' however as this is a; special election, I would like theCouncilto pass a resolution calling for the election and naming the candidates. ALTERNATIVES CONSIDERED 1.. Simply writing letter, to Washington County Elections with names of candidates. 2. Prepare resolution for City Council to call for the election and direct City Recorder to file candidates names with Washington County Elections. SUGGESTED ACTION Motion to pass resolution calling for the May 15, 1984 election listing the candidates and offices. (0236F) lee A mm IP.PP APPOINTMENT TO ECONOMIC DEVELOPMENT COMMITTEE - RESOLUTION Pulled - to be `considered on 3/26/84 i i t I