City Council Packet - 10/08/1984 TIGARD CITY COUNCIL PUBLIC NOTICE: Myope wishing to speak on an i
REGULAR MEETING AGENDA agenda item needs to sign on the appropriate
sheet is available.
OCTOBER 8, 1984, 6:25 P.M. sign-up sheet(s). If no
ask to be recognized by the Chair at the
FOWLER JUNIOR HIGH start
SW WALNUT of that agenda item. Visitor's agenda items
10865
10865 S OREGON 97223 are asked to be kept to 2 minutes or leas; longer
matters can be set for a future Agenda by
con-
tatting either the Mayor or City Administrator.
1. EXECUTIVE SESSION: The Tigard City Council will go into Executive
Session at 6:25 P.M. under the provisions of ORS 192.660 (1) (a) to
discuss issues relating to City Attorney appointment.
2. REGULAR MEETING:
2.1 Call To Order and Roll Call
2.2 Pledge of Allegiance
2.3 Call To Staff and Council For Non-Agenda Items
3. VISITOR'S AGENDA (2 Minutes or Less, Please)
4. EMPLOYEE/VOLUNTEER AWARDS/RECOGNITION
o Mayor Cook
MUNICIPAL CODE
5. ORDINANCE NO. 84-55 AN OREDRN1131.04AMENDING NING WHEN INSTALLMENT PAYMENTS
cHkPTBECOME DELINQUENT, PROVIDING REMEDY; AND
REQUIRING ASSESSMENTS i0 BE PAID IN FULL THROUGH
THE SALE OR TRANSFER OF OWNERSHIP OF PROPERTY OR
THROUGH THE DIVISION OF LAND-
0 Second Reading from 9/24/84 Meeting.
6. PPUGETDCORPORATION
PFINAL
ORDER
Deve ORDINANCE WO' 84-
irector of
opment
7. BLASTING PERMIT FEE - ORDINANCE NO. 84-_
fo City Administrator
t 8. DISPATCH CONTRACT AFP/CONSULTANT
o Councilor Edln
9. COUNCIL PAYMENT REVISION - ORDINANCE NO. 64-_
o City Administrator
10. COMPREHENSIVE PLAN AMENDMENT/CPA 24-84/DEVELOPING AND ESTABLISHED AREAS
policy 6.3.2 of
Review Planning Commission's recommendation IMP�NAmendT'AT ON STRATEGIES the
Comprehensive Plan - FINDING, POLICIES, AND
O Hearing-Not Needed. Motion To Not Consider Item.
11. COMPREHENSIVE PLAN AMENDMENT CPA 20-86, ZONE CHANGE ZC 13-84
BUTTERFIELD CAPITAL CORP./WESTLAND INVESTMENT COMPANY - NPO f 1
D'a recommendation for a ComprhivDen`
lan
Review Planning COmmiaslOHigh
i ity
Amendment from Medium Density Residential to Medium Hit
dential 12
/acre) to
Residential
ntiale , 20 units/acre)and
falngefom nR 12 rtls
ylocated at 9815SW Walnut
R-20
Place, (WC'M 2S1 2BD, lot 1501 i 1502).
n public Hearing Opened
o Motion to Continue to 10-22-84
12. COMPREHENSIVE PLAN AMENDMENT CPA 21-84, ZONE CHANGE 14-84 PACIFIC ,
WESTERN BANK - NPO #5Plan
Review Planning CO industrial)
recommendation for a(CommercialProfessional)
Amendment from I-H (Heavy-Industrt Industriato CP (Commercial
and a Zone Change from I-H (Heavy
Professional) on
property located on the HE side of SW 72nd Ave. south
of SW Tech Center Drive (WCM 2S1 1DC lot 4100 i 2S1 IDD lot 700.)
o Public Hearing Opened
o Motion to Continue to 10-22-84
COMPREHENSIVE PLAN AMENDMENT/CPA 22-84/CORNER OF SCHOLLS FERRY RD./NPO #7
the digh
Review Planning Commission'• recommendation nation to laluoH
13. desi nda the
ssign
Density Residential Comprehensive Plan Map t
northwest edge of the city, east of SW Lover Scholls Ferry Road. (WCTM
1S1 33C Tax Lots 301, 700, 600, 1300, 1301 and 1302.)
G Public Hearing Opened
O Motion to Continue to 10-22-84
COUNCIL AGENDA - OCTOBER 8, 1984 - PAGE 1
14. ZONE ORDINANCE AMENDMENT ZOA 6-84 CITY OF TIGARD
Review Planning Commission's recommendation to amend the follow sections
of the Community Development Code:
18.130 Conditional Use
18.120 Site Development Review
18.94 Manufactured/Mobile Home Regulations
18.138 Established Area - Developing Area Classification
18.32.120 Notice of DeciaLon by the Director .
Annexation - Administration and Approval process
18.136.020 al or Review - Type
18.32.350 Persons entitled to Notice on Appeal
of Notice
18.114 Signs "Review" "Accept",
18.26 Definitions - "Wetlands",
"Receipt", "Appeal", " .
Public Business Day"
"Complete", "Incidental", "Farming".
18.68.050 Industrial Park - Front Yard setback
18.70.050 Light Industrial - Front Yard Setback
18.72.050 Heavy Industrial - Front Yard Setback
18.40.040 Residential Density Transition
18.100 Landscaping and Screening - spacing of tree buffer
18,42 Use Classifications
18.132 Non Conforming Uses
18.108 Inadequate or Hazardous Access
18,44 R-1 Single Family Residential - Livestock
18.46 R-2 Single Family Residential - Livestock
18.48 R-3.5 Single Family Residential - Livestock
18.50 R-4.5 Single Family Residential - Livestock
18.52 R-7 Single Family Residential - Livestock
18.32.275 E. Mended Decision Proces
18.32.380 Final Action of the Approval Authority
o Public Hearing Opened
o Summation by Planning Staff
O Public Testimony
° Recommendation by Planning Staff
o Public Hearing Closed
:OMpREHENSIVE
Consideration by Council
15. PLAN AMENDMENT CPA 23-84 SUBSIDIZED HOUSING
Review planning ofthe
C°mmivoloume t.2 amend FINDNGS, POLICIES, aAND
12.1.1 4 of the Comprehensive Plan -
IMPLEMENTATION STRATEGIES.
o Public Hearing Opened
o Summation by Planning Staff
o Public Testimony
O Recommendation by Planning Staff
o Public Hearing Closed
o Consideration by Council
16. C0MPREHENSIVE PLAN AMENDMENT CPA 25-84 ESEE DOCUMENT
Review Planning Commission recommendation to amend the ESEE document of
Volume I - Comprehensive Plan to revise sections on the Upshaw,
et
Cables, Joy Theatre. Tigard FeHouse/Seven
ed and Seed, Tigard Grange. Tis
Farmhouse, and Windmill.
o Public Hearing Opened
o Summation by Planning Staff
o Public Testimony
o Recommendation by Planning Staff
o Public Hearing Closed
o Consideration by Council
17. REVIEW OF SDR 12-84 WESTERN INTERNATIONAL PROPERTIES of t 5 Planning
Review Planning Commission t decision he Site n Development Review approval to
Director's conditions for gran
uildimgs and related facilities on property
construct three industrial b
sone I-P located northwest corner of SW 72nd Ave. and Tech Center Drive.
Tigard (WCTH 2S1 IDC, lots 700 4 800)-
0 Summation by Planning Staff
o Public Testimony
o Consideration by Council
18. UNIFIED SEWERAGE AGENCY - CODE REVISION - HOUSEKEEPING
o Director of Public Works
COUNCIL AGENDA - OCTOBER 8. 1964 - PAGE 2
19. 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:
19.1 Approve Council Minutes - September 24, 1984
19.2 Approve OLCC Application - 7-11 Store, 13235 SW Pacific Hwy., Tigard,
Adding New Partner
19.3 Approve Tigard High School Building Permit Fee Waiver
19.4 Receive And File:
Accumulated Time Reports As Of 8-31-84
Cable TV Report On 9/19/84 Meeting
19.5 Accept and Authorize Signatures:
Street Non-Resonstrance Agreement for MLP 8-83 - 9982 SW Johnson Ct.
Scott Court Sanitary Sever Extension - Resolution No. 84-70
Street Dedication i Bond - Walnut Street - N.A. 6 H.B. Webb
19.6 Approve Partial Release Of Funds - Performance Bond For Gallo's
Vineyard - $35,388.28
19.7 Receive ICMA Conference Report
19.8 Approve Segregation Of Bancroft Assessment For Mary Burnam Property
19.9 Approve Fee Resolutions:
o Resolution NO. 84-71 Adopting New Planning Fees
o Resolution No. TZ--72-Adopting New Blasting Permit Fee
20. NON-AGENDA ITEMS: From Council and Staff
21. ADJOURNMENT
i
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COUNCIL AGENDA - OCTOBER 8, 1984 - PAGE 3
t
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T' I G A R D C I T Y C O U N C I L
REGULAR MEETING MINUTES — OCTOBER 8, 1984, — 7:40 P.M.
1. ROLL. CALL.: Present: Mayor John Cook; Councilors: Tom Brian, Phil.
Edin, Kenneth Scheckla, and Ima Scott; City Staff: Frank
Currie, Director of Public Works; Bob Jean, City
Administrator; Bill Monahan, Director of Planning 6
Development; Tim Ramis, Legal Counsel; and Patt Martin,
Deputy City Recorder.
2. CALL.. TO STAFF AND COUNCIL_ FOR NON-AGENDA ITEMS
a. Motion by Councilor Scheckla, seconded by Councilor Scott, to
reaffirm appointment of Patt Martin as Deputy City Recorder.
Approved by unanimous vote of Council present.
b. City Administrator requested the following action:
a Withdraw Item #10 CPA 24-84.
o Item #14, 18 .26 Farming and 18.44 through 18.52 Livestock
postpone until November.
o Add 20. 1 Fanno Creek Park Contract Quotation Bid Awards.
o Add 20.2 Mayor Roy Rogers Sister laity Proposal
3. VISITOR'S AGENDA
a. Kenneth Steuart, resident of Terrace Heights Mobile Court,
requested the Council sign off as Friends of Terrace Heights to
give them some legitimacy and some backing. The residents have
been given eviction notice as of October 31, 1984 . Mr. Steuart
submitted a letter that can be individually signed by each
Councilor.
4, EMPLOYEE/VOLUNTEER AWARDS/RECOGNITION
Mayor Cook noted approximately 40 people attended Volunteerism Day on
October 6, 1984.
a. Mayor Cook read a proclamation on volunteerism and presented Mary
Payne with the 1st Volunteerism Award of the City on her efforts
in restoring the Windmill.
Mayor Cook also presented Molly Cady a Key to the City for mowing
the lawn around the Windmill.
Mayor Cook stated in 1979-80 there was about 5,000 volunteer
hours. In 1983-84 there was in excess of 9,000 volunteer hours.
b. Mayor Cook recognized Sandy Crow and Bobby White for being
employed with the City over 5 years. They were unable to attend
Volunteerism Day and the City Council meeting. Also, Frank Currie
was recognized for his 5 years on Volunteerism Day.
Paige 1 - COUNCIL MINUTES - OCTOBER 8, 1984
c. Mayor Cook presented the United Stated Flag to the City for the
new Civic Center that was donated by Les AcCoin.
5. DISPATCH CONTRACT RFP/CONSULTANT
a. Councilor Edin gave a summary of how the consultant selection came
about. Of the two consultants selected, one stated he would not
have sufficient time to work on this project. 11owever, both
consultants (Arnold Cogan & Associates and Clay Durbin) asked to
work together in a combined effort.
Arnold Cogan, Cogan & Associates, will serve as project manager
and specialist in interagency coordination and institutional
arrangements. He submitted a proposal stating 5 goals they hoped
to accomplished.
1. Help develop cost effective approach
2. Maintain dispatch program which performs at least the
current level of service.
3 . Create a system which allows citizen quick and efficient
access to needed services.
4. Produce an objective evaluation.
5. Reach an agreement among Tigard officials and others
concerning the future of dispatch services.
Don Clark, Cogan & Associates, will serve as public safety
specialist and public affairs analyst and spoke of what should
come out of the process of reviewing this RFP.
Clay Durbin, Cogan & Associates, would serve as communications
specialist and law enforcement analyst. He gave a background of
his expertise.
Mayor Cook stated the Councilors needed time to look at the
proposal and would get back to the consultants as soon as they can.
Legal Counsel stated there were 7 contacts with consultants. Five
consultants responded. At the time, only 2 were able to meet the
time limit.
City Administrator will have a budget transfer resolution drafted
and brought back to 10/15/84 City Council Meeting.
6. ORDINANCE NO. 84--55 AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE
CHAPTER 13.04 DEFINING WHEN INSTALLMENT PAYMENTS
BECOME DELINQUENT, PROVIDING REMEDY; AND
REQUIRING ASSESSMENTS TO BE PAID IN FULL THROUGH
THE SALE OR TRANSFER OF OWNERSHIP OF PROPERTY OR
THROUGH THE DIVISION OF LAND.
a. Second reading required.
b. Motion by Councilor Scheckla, seconded by Councilor Brian, to
adopt Ordinance No. 84-55.
Motion carried by 3-2 majority vote of Council, Councilors Edin
and Scott voting Nay.
Page 2 - COUNCIL MINUTES - OCTOBER 8, 1984
7. PUGET CORPORATION FINAL ORDER - ORDINANCE NO. 84-
a. Director of Planning & Development stated the incorrect Final
Order was submitted to Council and asked for the item be tabled
until 10/22/84 City Council meeting.
b. Motion by Councilor Scheckla, seconded by Councilor Scott, to
table until 10/22/84 City Council meeting.
Approved by unanimous vote of Council present.
8. BLASTING PERMIT FEE
ORDINANCE NO. 84--56 AN ORDINANCE. AMENDING ORDINANCE NO. 84-41 ON A
PERMIT TO BLAST WITH EXPLOSIVES, TO AD AUTHORITY
TO COLLECT A PERMIT' FEF: AND SETTING AN EFFECTIVE
DATE.
a. Motion by Councilor Edin, seconded by Councilor Scott to adopt.
Approved by unanimous vote of Council present.
9. COUNCIL PAYMENT REVISION
ORDINANCE NO. 84--57 AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE
REGARDING PAYMENT- TO MAYOR AND CITY COUNCIL FOR
MEETING ATTENDANCE.
a. Motion by Councilor Scheckla, seconded by Councilor Brian, to
adopt .
Approved by unanimous vote of Council present.
10. COMPREHENSIVE PLAN AMENDMENT/CFA 24-84/DEVELOPING AND ESTABLISHED AREAS
a. Motion by Councilor Brian, seconded by Councilor Scheckla, to
withdraw CPA 24-84.
Approved by unanimous vote of Council present.
11 . COMPREHENSIVE PLAN AMENDMENT uPA 20-84, ZONE CHANGE ZC 13-84 BUTTERFIELD
CAPITAL CORP./WETLAND INVESTMENT COMPANY - NPO #1
PUBLIC HEARING OPENED
a. Motion by Councilor Brian, seconded by Councilor Scott, to
continue to 10/22/84.
Approved by unanimous vote of Council present.
12. COMPREHENSIVE PLAN AMENDMENT CPA 21-84, ZONE CHANGE 14-84 PACIFIC
WESTERN BANK - NPO 05
PUBLIC HEARING OPENED
a. Motion by Councilor Brian, seconded by Councilor Scott, to
continue to 10/22/84.
Approved by unanimous vote of Council present.
Page 3 - COUNCIL MINUTES - OCTOBER 8, 1984
13 . COMPREHENSIVE PLAN AMENDMENT/CPA 22-84/CORNER OF SCHOLLS FERRY RD. -
NPO #7
PUBLIC: HEARING OPENED
a. Motion by Councilor Brian, seconded by Councilor Scheckla, to
continue to 10/22/84.
Approved by unanimous vote of Council present.
14. ZONE ORDINANCE AMENDMENT ZOA 6-84 CITY OF TIGARD
a. Director of Planning & Development gave a summ;�•r,- of this item
stating this was mainly housekeeping.
b. Public Hearing Opened
Bob Bledsoe, 11800 SW Walnut, Tigard, NPO #3, stated the NPO would
like to see the standards more explicit. He also stated they
would like this item tabled until April so the NPO would have more
time to discuss this.
Geraldine Ball, representing DJB, Inc. and herself, stated she was
confused with the definition of Wetlands and felt the definition
should be the one used by the Corp. of Engineers. She also stated
as NPO #4 Chairman, the NPO was in favor of adopting all changes
except the decision not to publish the Director' s decision.
Director of Public Works stated the definition of Wetlands
identifies the types of plants by using the language as proposed.
Director of Planning & Development stated the surrounding area
property owners were notified by mail and did riot feel the cost
and staff time justified newspaper publication. If the Council
wanted, he suggested publishing the Director's Decision for SDR,
Major and Minor Partitions.
Councilor Scott felt the publishing of the Director's decision was
a safety factor in notifying surrounding property owners.
Councilor Edi.n questioned the cost versus protection. He felt the
publication of the Director's Decision should be eliminated.
Councilor Scott stated her concern regarding buffering and height
limitations.
Councilors were concerned with the 10 calendar days rather than 10
business days. It was suggested if the 10th calendar- day lands on
a weekend or holiday, the following day would be considered the
10th day.
Councilor Edin suggested item 18.42.010 (B)(1) be tabled to later
date.
Consensus of Council was to pull 18.42.020 (B)(1) regarding
Incidental use to a later date.
Page 4 - COUNCIL MINUTES - OCTOBER 8, 1984
The following items will be added to the Code.
1. A reference list on the wetlands.
2. Vegetation heights.
3. Advertising in paper of Director's Decision regarding Sight
Design Review, Major and Minor Land Partitions.
Director of Planning & Development will draft Ordinance and bring
back on 10/22/84.
RECESS AT 9:15 P.M.
RECONVENE AT 9:27 P.M.
15. REVIEW OF SDR 1.2-84 WESTERN INTERNATIONAL PROPERTIES NPO #5
a. Director of Planning & Development gave a summary of the Site
►Development Review for Western International. He stated policy
11.5. 1 in Special Areas of Concern regarding the 50--foot setback
in the Rolling Hills Development was forgotten until brought to
the attention of the Planning Commission at their last meeting.
Director of Planning & Development requested the Council call. up
SDR 12-84 for review and conduct a public hearing or take no
action.
b. Motion by Councilor Edin, seconded by Councilor Brian, to conduct
( a public hearing and review SDR 12-84.
Approved by unanimous vote of Council. present.
Counsel Ramis stated at one time he represented Milton Brown, who
is an adjacent property owner of this site, in which the case is
over and that it does not reflect this item.
Director of Planning & Development reviewed the items in Council
packets regarding policy 11.5. 1 and the railroad crossing.
POLICY 11.5.1
C. Public Hearing. Opened
Proponents
Wayne Jolly, resident, read a letter from John Torpling since he
had to leave early. The letter stated he felt the setback should
be 20-21 feet instead of 50 feet.
F.C. Jensen, 7450 SW Cherry, stated the 5 affected property owners
were on septic tanks and the developer would pay for sewer line
installation if they gave up part of their 50-foot setback. Also
the developer would remove the wild blackberries that border their
properties. Since a sewer line will have to be installed in the
future, this would save the property owners a large sum of money.
Page 5 - COUNCIL MINUTES - OCTOBER 8, 1984
The following agreed with F.C. Jensen and decided would not
testify. :
Carol Stewart, wife of F.C. Jensen
Richard Alberts, resident
Fred Trumble, resident
Wayne Jolly, resident
Alan Fox, Western International, stated the NPO and staff agreed
with their plans in April. He showed a map of the area regarding
truck parking on the development and stated this design is
unachievable without the setbacks as requested.
Opponents
Debra Naubert, NPO #5 Chairman, stated e NPO r She stated the
esented all.
area residents and not just the 5 property
NPO did support the plan the second time, however, they made an
error in overlooking the50-foot
setback. They 5.1 and should eel abidthere was
a
f
lot put into the making y 11
Sharon Takahashi, 7610 SW Cherry, Np0 #5, felt if the 50-foot
setback was not followed this time, then other property owners
t in the future. She requested Council
would not have to follow i
retain policy 11 .5.1.
Bill Bieker, 7730 SW Cherry, NPO #5 stated he was one of the
original NPO #5 members who requested this language and felt
Council. should retain policy 11 .5.1 and set into Code.
Craig Hopkins, 7430 SW Varns, NPO #5 concern was for the quality
of life in Rolling Hills Subdivision.
John Schwartz, 19500 SW 76th, NPO #5 stated Debra Naubert
expressed all his concerns.
b
x
d. Rebuttal
F.C. Jensen, stated the 5 property owners had large back yards
because they had septic tanks in them. His concern was the large
expense later in hooking up to a sewer line and buffering. Now
the developer would pay for all.
Debra Naubert stated only 5 residents are affected and she felt
the NPO had to be concerned about all NPO #5 residents.
e. Public Hearing Closed
Discussion followed regarding Policy 11.5.1 and the Code being in
conflict.
f. Motion by Councilor Brian, seconded by Councilor Scott to uphold
the Planning Commission decision and Policy 11.5.1 to require the
f 50-foot setback.
vote of Council present, Councilors Edin
Approved by 3-2 majority
and Scheckla voting Nay.
page 6 - COUNCIL MINUTES - OCTOBER 8, 1984
RAILROAD CROSSING
a. Director of Public Works stated the developer was aware of the
railroad crossing requirement from the beginning. He also stated
the developer would get a systems development rebate. The
applicant appeared before the Planning Commission requesting the
item regarding the railroad crossing in the Notice of Decision be
deleted.
Council discussed the Code regardiro railroad crossings.
Councilor Brian asked if the railroad crossings would justify an
LID. Director of Public Works said yes.
b. Motion by Councilor Edin, seconded by Councilor Brian, to require
the railroad crossing be constructed or the applicant come back
and build a cul-de--sac .
Approved by 3--2 majority vote of Council present, Councilors Scott
and Scheckla voting Nay.
16. COMPREHENSIVE PLAN AMENDMENT CPA 23-84 SUBSIDIZE..D HOUSING
a. Director of Planning and Development gave a summary of the
material on this item in Council. packets. He stated there were 6
remaining items to comply with for LCDC. Four items were taken
care of either in correspondence and minor code revisions and the
hearing tonight on ESEE. The two remaining items: 1) which is out
of our control for Washington County to adopt a combined plan and
zone designation, and 2) Subsidized Housing Policy 6. 1 .2 and
Locational Criteria 12.1.1 (4) .
Staff Recommendation
Director of Planning & Development recommended Policy 6. 1.2 and
12.1 . 1 (4) be deleted completely from the Code. He felt it has
accomplished what it was set out to and didn't feel it was needed
anymore. LCDC also suggested this.
b. Public Hearing Opened
Geraldine Ball, 11.515 SW 91st, representing herself, attended the
LCDC hearing and recommended Council seriously consider removing
Policy 6.1 .2 and 12.1.1 (4) .
Mark Weintraub, 1200 SW Main Bldg. , Housing Authority Washington
Co. , concurred with the Planning Commission in deleting Policy
6.1.2 and 12.1.1 (4).
Bob Bledsoe, 11800 SW Walnut, NPO #3 stated the NPO supported
retaining the existing language or Option #3 which was to revise
the policy changing the limitation on number of units allowed per
two or three. They felt some protection was needed rather than
deleting completely.
Page 7 - COUNCIL MINUTES - OCTOBER 8, 1984
Councilor Scott recommended retaining the current language.
Councilor Edin stated it was a question of principle over money.
He felt if the policies were retained a lot of staff and money
would be spent at i-CDC hearings. He felt the City should go along
with LCDC if that's what it takes to get tht, Code passed.
Councilor Scheckla concurred.
Councilor Brian felt they should go by principle and revise the
policy to go towards Salem's LCOC approach.
Councilor Scott felt the City Council has a special responsibility
to look out for the citizens. She recommended to retain the
current language.
Mayor Cook concurred with Councilor Brian.
C. Councilor Edin moved, seconded by Councilor Scheckla, to revise
the policy changing the limitation on number of units allowed per
two or three to comply with the policy in Salem' s comp. plan and
to amend the 1/4 mile to 1/2 mile in each direction of the
subsidized housing location.
Approved by 4--1 majority vote of Council present, Councilor Scott
voting Nay.
17. COMPREHENSIVE PLAN AMENDMENT CPA 25--84 ESEE DOCUMENT
a. Director of Planning S Development gave summary and stated this
deals with another housing issue and that is the designation of
district overlay. Fie stated the Planning Commission recommended
the ESEE document be amended to give the owners of the historic
districts the option of having their property put under the
historic overlay anytime they wanted. He also stated the NPO #3
brought to the Director's attention more properties in the future
that would apply under the historic district.
Bob Bledsoe, 1.1800 SW Walnut, NPO #3 wanted to reconfirm the
future properties for historic districts.
b. Staff Recommendation
Director of Planning & Development's recommendation of the
Planning Commission that the Council approve the language as
proposed.
C. Motion by Councilor Brian, seconded by Councilor Edin, to approve
the proposed language recommended by the Planning Commission.
Approved by unanimous vote of Council present.
Director of Planning b Development will bring back an Ordinance to
be adopted on 10/22/84.
page 9 — COUNCIL MINUTES — OCTOBER 8, 1984
18. UNIFIED SEWERAGE AGENCY - CODE REVISION - HOUSEKEEPING
ORDINANCE NO. 84-58 AN ORDINANCE PROVIDING FOR DOCUMENTATION OF
UNIFIED SEWERAGE AGENCY'S SANITARY SEWERAGE
STANDARDS, RULES AND REGULATIONS AND RATES AND
CHARGES.
a. Motion by Councilor Brian, seconded by Councilor Edin, to adopt.
Approved by unanimous vote of Council present.
Councilor Brian questioned if this ordinance changes the fees.
Director of Public Works stated it changes the process for
adopting fees, but the resolution will actually set the fees.
19. CONSENT AGENDA: These items are considered to be routine and may be
enacted ire one motion without separate discussion. Anyone may request
that an item be removed by motion for- discussion and separate action.
Motion to:
19.1 Approve Council Minutes - September 24, 1984
19.2 Approv^ OLCC Application - T-11 Store, 132.35 SW Pacific Hwy . , Tigard,
Addinc Jew partner
19.3 Approve Tigard High School. Building Permit Fee Waiver
19.4 Receive And File:
Accumulated Time Reports As Of 8-31-84
Cable TV Report On 9/19/84 Meeting
f 19.5 Accept and Authorize Signatures:
Street None-Remonstrance Agreement for MLP 8-83 - 9982 `_14 Johnson Ct.
Scott Court Sanitary Sewer Extension Resolution No. 84-70
Street Dedication & Bond - Walnut Street - N.A. 6 H.B. Webb
19.6 Approve Partial Release Of Funds - Performance Bond For Gallo's
Vineyard - $35,388.28
19.7 Receive ICMA Conference Report
19.8 Approve Segregation Of Bancroft Assessment For Mary Burnam Property
19.9 Approve Fee Resolutions:
o Resolution No. 84-71 Adopting New Planning Fees
o Resolution No. 84-72 Adopting New Blasting Permit Fee
a
s
a. Items 19.7, 19.8 and 19.9 (Resolution 84-71 only) be pulled for later
discussion.
b. Motion by Councilor Scheckla, seconded by Councilor Brian, to approve
consent agenda except items pulled for later discussion.
Approved by unanimous vote of Council present.
19.7 Receive ICMA Conference Report
Councilor Scott questioned the phone call item of $18.81 to Tom Brian.
Councilor Brian stated it was a return call from Bob Jean requested
r by him.
l
Page 9 - COUNCIL MINUTES - OCTOBER 8, 1984
f
City Administrator stated the hotel surcharge was also included.
Motion by Mayor Cook, seconded by Councilor Edin, to approve.
Approved by unanimous vote of Council present.
Assessment for Mary Burnam Property
19.8 Approve Segregation of Bancroft
Councilor Brian suggested the assessment be split evenly between each
lot of the property .
Councilor Scott, Edin,
and Scheckla felt since payments have riot been
paid in the last year that foreclosure re d equall.ytbetweenhfirst
the lots,
January, 1985 and the assessments be sp
seconded by Councilor Edin, to have payments be
a. Motion by Mayor Cook, uall between each lot,
brought current, the assessment be split eq Y
and foreclosure started January, 1985.
Approved by unanimous vote of Council present.
19.9 Resolution No. 84-71 Adopting New Planning Fees
Councilor Brian questioned the $44 fee for tree removal. and suggested
it be reduced.
stated
results under
i the $44 fee�cti.on to have the fee at
City Administrator
80% of the cost which
Motion by Mayor Cook, seconded by Couiici.l.or Edin, to approve
Resolution No. 84-71 as proposed .
Approved by unanimous vote of Council present.
20. NON-AGENDA ITEMS: From Council and Staff
20.1 Award Contract for Fanno Creek Excavation
b. Director ofublc `the stated
three
ocompanies
be awardedtoE LeeRobinson
in and recommended
for $9,100.00.
The three companies were:
E. Lee Robinson - $9,1000.00
Bone's Construction - $12,818.00
Rutan Construction - $11,778.00
a. Motion by
Councilor Brian, seconded by Councilor Edin, to award
the contract for excavation to E. Lee Robinson for $9,10
Approved by unanimous vote of Council present.
Page 10 - COUNCIL MINUTES - OCTOBER 8, 1984
20.2 Tualatin Sister City Proposal
a. The Council felt they needed more time and this item be tabled
until 10/15/84.
20.3 October All About Town Newsletter
Council was given a preliminary copy of newsletter in which any
comments should be back to the City Administrator by Thursday,
October 11, 1984.
City Administrator stated the Tetrapolitan Kiwanis was sponsoring a
food drive in conjunction with the St. Vincent De Paul Society. The
Tetrapolitan Kiwanis would like a full page flyer be inserted in the
City newsletter. It would be extra cost for postage, stapling, and
stuffing. It would set a precedence for other people.
Mayor and Councilors felt it should be mentioned in the newsletter
but not as an extra flyer or extra time and money spent.
21. ADJOURNMENT AT 12:05 A.M.
Deputy City Recorder - City of Tigard
ATTEST:
Mayor - City of Tigard
(pm/2040A)
C
Page 11 - COUNCIL MINUTES - OCTOBER 8, 1994
TIMES PUBLISHING COMPANY Legal 7_6127
P.O.BOX 370 PHONE(503)684-0360 Notice
BEAVERTON,OREGON 97075
Legal Notice Advertising aEC&VEID
• CITY OF TIGARD • ❑ Tearsheet Notice OCT 219,94
P. O. BOX 23397 • ❑ Duplicate Affidavit 17 r
• TIGARD, OR 97223 �R�
AFFIDAVIT OF PUBLICATION
STATE OF OREGON,
COUNTY OF WASHINGTON, )ss'
Susan Pinkley —
being first duly sworn, depose and saxIthatarcT hq Advertising
es rtising
Director, or his principal clerk, of the Z---- —
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at------- T i IS r d -------in the
aforesaid county and state;that the , P
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper fur _ ---.—successive and
consecutive in the following issues:
Sept, 27
Subscribed and n to before me this q
Notary Public for Oregon
My Commission Expi 3/16/187
AFFIDAVIT
1864 7:30 P.M at Fowler Junior M;Sch Ytoom,186r
Street, Tigard, Ontgoh Furtber information may be obtained from the City
Recorder or Director of Planing and Development at 12755 SW Ash Avenue,
Tiprd,On*=872'l3,or by calYnB M4171.
CO NSIVE PLAN AMENDMENT CPA 2084,ZONE CHANGE ZC 13-84,
BU11 LD CAPrrAL CORP./WESTLAND INVESTMENT COMPANY
NPO 91
Review Planaft Commiadoa's recommendation for a Comprehensive Plan
Amendment ham 1f4divm Density Residential to Medium High Density
Rea awM and a Zoft CM W from R-12 (Residential 12 units/acre) to R-
20(ROM1001111,26 NUMB/acre)on property located at 0815 SW Walnut Place,
(WCTM 3M 2$D.$at 1501 A 1502).
CO)MMMINSIVE ALAN AMENDMENT CPA 21.64, ZONE CHANGE 14-64
PACIFIC WNSIERMBANK
RevMe►Planning Comadedon's recommendation for a Comprehensive Pian
dant from 141 ('Heavy-Industrial)to C-P(Commercial Professional)
a04 s Emla Ctao�e llbom 1401(Heavy-Industrlol)to C-P(Commercial Prete►
d0ftM)ap prtip�a�t Need an the NE side of SW 72nd Ave. aouth of SW
Tact Comer Mee(WCTM 2S1 IDC lot 4100 A 2Sl IDD lot 700.)NPO#t5
COMPRBH>LMUVE PLAN AMENDMENT CPA 22-84 CORNER OF SCROLLS!
FERRY RD.
Review Phoning Coromhsion's to asdp the Medium High.
Density Resideaft Ooeopreteosive Plan Map designation to land on tie
northwest edge of the city,east of SW Lower Schotls Ferry Road (WCTM
ISI 33C Tai Lots 301,M.8004 I300,1301 and IJM)NPO 87.
ZONE ORDNANCE AIMNWd1; M ZQA 584 CITY OF TIGARD
Review PMSmigBambdaetl! to amend the following
sections of Ate DerNopmaat Code:
18.t38"Cedl use
18.130 MR Review
18.M ebile Horne Regulitlooe
18.138 +ra-Devdoping Area Clowdk;ation
16ASLO ee and ��yt pr+ocess
18.E 40!lMstseps slltied Nvlloe on AppetlARO�Type of Notice
18:114 Rps -
18Bi Deftibble,u.,. ,:i ..Reftw"."Accept", "Recelpt"."Appeal",
"PIM Business I*",ACOmpkW,-Incidental","FarmIW
18-86.080 Industrial Part-Frau Yard Setback
16 70A5ti Light moat W-Raft YIMd Betback
MIAM IW&q Industrial-Praot Yard Setback
18.46.040 Reddesdal De=W Trandom
111.199 W18.42 Use_"and Sing- �of tree buffer
1&132 MwCon . Use
18.161E or r+doaa Access
14.44 R-I S1riAe V%Wy RaddeaM-liruslock
It*It-i FdMdly Rdldfediet-Lhrerl0ch
l R►3 vvubw�k
1 >
1 Amity
Cos CPA 23.84 SUBSIDIZED HOUSING
to Mnend-policies 8.1.2 and
ii . d iwie a-Vel 3-FD MGS,POLU=AND
�T CIPIC'2444 DkMOM3'MM ft
Tj is
RorNw!gnom 's,aeogttion to Amend Policy 6.3.2
of
,nm E
STRAYEC FVODI%POLICIES AND DOI MENTA-
Review" . . 044 ZSCUMENT be Updkaw
Na�ilsdbn F,. Grange,
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Stteet'Faro"w6.a F
i
4
Eel
k
TIMES PUBLISHING COMPANY Legal 7-6126
P.O.BOX 370 PHONE(503)684-0360 (Notice
BEAVERTON,OREGON 97075
Legal Notice Advertising RECEIVED
CITY OF T I G A R D • ❑ Tearsheet Notice O C T 2 1984
P. O. BOX 23397
CITY Of TWD
T I G A R D, OR 97223 • ❑ Duplicate Affidavit
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, 1
COUNTY OF WASHINGTON, i
Susan Pin kley -
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the_ ri�ard-_Times
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published gai-d- _____--in the
aforesaid county and state; that the
Public Hearin_g_Notice _ __
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ----successive and
consecutive in the following issues:
Sept . 21', 1984—
Subscribed an 01 to beforeme thi S t - _27 ,_ 19 8
Notary Public for Oregon
My Commission Exp' e 3-16-87
AFFIDAVIT
AOML r0fli11 11Q'tW1A'lbL I� NAO
-
f
TIMES PUBLISHING COMPANY LOOM 7_6130
P.O.BOX 370 PHONE(503)W-0360 now*
BEAVERTON.OREGON 97075
Legal Notice Advertising
RECEIVED
• • ❑ Tearsheet Notice
City of Tigard OCT 91984
• P.O. Box 23397 • ❑ Duplicate Affidavit
Tigard, OR 97223 CITY TlGARD
•
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss.
i, Susan Pinkley —
being first duly sworn, depose and say that I am the Advertising {
Director, or his principal clerk, of the–Ti R a r d Times _
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at-- Tigar- _in the
aforesaid county and state; that the
Coi�neil _8£g Meeting---
s
a printed copy of which is hereto annexed, was published in the I
entire issue of said newspaper for successive and
consecutive in the following issues:
Oct 4, 1984 — t
Subscribed and sworn to a me this O c a984 --
N ary ublic for Oregon
My Commission Expires:
AFFIDAVIT ,
r
I.C
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Mayor and Council ^ 10-4-84
FROM: Loreen Wilson, Deputy Recordet�J �
SUBJECT: Executive Session - Scheduled For 10-8-84
Tim Ramis and Ed Sullivan have recently supplied information directly to the
Council for review. If you have questions, please direct them to the
attorneys.
lw/2025A
C
AGENDA ITEM # _ — VISITOR'S AGENDA DATE October 8 1984
(Limited to Z minutes or less, please)
'• 2
Please sign on the appropriate sheet for listed agenda items. The Council
on other issues not on the agenda, but time may
wishes to hear from you s
require that we schedule your items for a future agenda. Please contact the
City Administrator as to agenda scheduling. Thank you.
a
ITEM DESCRIPTION
NAME, ADDRESS b AFFILIATION
00
4
------------
i
Y
a
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t
C.
i
DATE October 8, 1984
I wish to testify before the Tigard City Council on
the following item: (Please print the information)
Item Description: #14 - ZOA 6-84
Proponent (For Issue) Opponent (Against Issue)
*******************************************************************************
Name Address and Affiliation Name Address and Aff iation
13C,06 (3&✓s+K ►18'0a s — i� VL w Q TJ-J9A/� FG/r , T/ N,
A� Pte, ApF 7 �.�.� pl'-CQ-x..65 6k, • .
T
*******************************************************************************
s
z
DATE October 8, 1984
C I wish to testify before the Tigard City Council on
the following item: (Please print the information)
Item Description: #15 - CPA 23-84 - Subsidized Housing
*******************************************************************************
Proponent (For Issue) ? Opponent (Against Issue)
Name, Address_and Affiliation Name, Address and Affiliation
/Neck WF,INrRA-oG
/zoo (.W. t4-v1L 13
(3&L3 B tc�s ex NFA 3
t
i
4
1
S
t
i
i
t
i
DATE October 8 1984
S I wish to testify before the Tigard City Council on
the following item: (Please print the information)
Item Description: X116 - CPA 25-84 - ESEE DOCUMENT
*******************************************************************************
Opponent (Against Issue)
Proponent (For Issue) ******************************
******************************} Address and Affiliation
Name.
Address and Affiliation Name,
9" 01nls w JV G 3
l
*******************************************************************************
DATE
f I wish to testify before the Tigard City Council on
the following item: (Please print the information)
Item Description: #17 - SDR 12-84 - WESTERN INTERNATIONAL
PROPERTIES
*******************************************************************************
Proponent (For Issue) Opponent (Against Issue)
Name, Address and Affiliation Name, Address and Affiliation
\ int h't he Al Po -�
�. slit A
o
3
We want to urge your participation in a new and important group: 'Friends of
Terrace Heights' . Terrace Heights is a mobile home park in Tsigard.to wherect the
owner, Southern Pacific Industrial Development Company,
families by this December 31, 1984.
Residents now have no where to go and no money to get there. They have
formally asked this multi-billion dollar corporation for simple justice: An
extension of time and relocation costs. 'Time' would be a 20 month extension
(until August 1986), to allow development of a new mobile home park, which
could preserve the existing community of families. 'Money' would include the
actual cost of moving from Terrace Heights to the new park in the Tigard area;
an average of $3000 per family. Residents have won the initial support of the
Washington County Office Of Community Development, in their effort to develop
a new, model park.
Terrace Heights residents have organized to resist Southern Pacific's
•eviction train' . They have gained media attention, forced the company to
begin negotiations, and gained legal counsel. Residents are committed to
keeping their families and close-knit community intact. But,
Southern Pacific
is pressing ahead
with
eviction
landplans
an industrialresidents
development sitecleared away,
the Company Plans touse
Terrace Heights residents support economic
development
tted a Tigard,
formal sbut
tlnot
at
the expense of their human dignity. They have
proposal to Southern Pacific and will soon get a response. Whatever the
answer from Southern Pacific, Terrace Heights residents need and welcome the
support of the larger Oregon community. This will aid their efforts to
attract greater public attention, support of public officials and the
coorporation of Southern Pacific.
There is much more to know about the issue (see attached literature) . But, it
all adds up to one simple question: Can Terrace Heights residents count on
you as a 'Friend'?
l
t
•FRIENDS OF TERRACE HEIGHTS' will involve community, religious and political
leaders, who individually want to support resident's effort to achieve a fair
and resonable solution. Your involvement could make a critical difference!
Please return the attached form a your earliest convenience and join us as a
'FRIEND OF TERRACE HEIGHTS' .
Sincerely Yours,
t
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: OCTOBER 8 1984 AGENDA ITEM N:
DATE SUBMITTED: OCTOBER 3,_1984 PREVIOUS ACTION: COUNCIL ACTION ON
ISSUE/AGENDA TITLE: PUGET ON SEPTEMBER 24 1984
CORPORATION FINAL ORDER PREPARED BY:
ORDINANCE N0. 84 - REQUESTED BY: _
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
INFORMATION SUMMARY
On September 24, 1984 the City Council reviewed the silo development
application, SDR 12-84, of Puget Corporation. The Council c
to require
that Puget construct half-street improvements now rather than file a
non-remonstrance agreement.
A Final Order for your approval has been prepared based on your findings.
ALTERNATIVES CONSIDERED
1. Adopt the attached Final Order.
2 Adopt a revised Final Order.
SUGGESTED ACTION
Staff recommends that the Council adopt the attached Final Order for Puget
Corporation.
(WM:bs/0689P)
CITY OF TIGARD PLANNING COMMISSION
FINAL ORDER NO. 84 - ___PC
A FINAL ORDER IN THE MATTER OF THE APPLICATION FOR SITE DEVELOPMENT REVXEW
APPROVAL REQUESTED BY PUGET CORPORATION, FILE NUMBER SDR 8--84, APPROVING/THE
APPLICATION, ENTERING FINDINGS, AND CONCLUSIONS.
The Tigard Planning Commi.ssi.on heard the above application on August 7, 1984 .
John Osborn, Derek Hogarth, and Geoff L-evear represented the Applicant. No
one appeared in opposition.
The Commission finds the following FACTS in this matter:
1 . The applicant, Puget Corporation, requested proval to expand an
existing industrial plan on property zoned I--P (Industrial Park) and
located at 7440 S.W. Bonita Road (Wash. Co. , Tax Map 2S1 12A, Tax Lot
800) . Information supporting the request is found in Planning File
No. SDR 8-84A.
2. The proposal was approved by the Planning Director on June 2.9, 1984
subject to conditions. The applir_apt appealed the decision on the
basis that public improvements requA red in Conditions 1 and 4 of the
decision were unnecessary at the present time.
3 . The applicant' s justification for the appeal i.s presented in the
Commission' s information packet and the minutes of the August 7, 1984
hearing.
4 . The relevant approval eri.teria in this case are the Statewide
Planning Goals 1 and 2', and Section 18. 164 .030A of the Community
Development Code.
Based upon the record in .-this case, the Commission makes the following
FINDINGS:
1 . Statewide Planning Goal #1 is met because the City has adopted a
Citizens Involvement program including review of all development
applications ,,7by the Neighborhood Planning Organization (NPO) . In
addition, a14 public notice requirements were met.
2. Statewide Planning Goal #2 is met because the City applied all
applicable State-wide Planning Goals, City Comprehensive Plan
Policies and Development Code requirements to the application.
3 . The decision contains no findings that street improvements would be
timely or that improvement would be supported by surrounding property
owners. Community Development Code Section 18.164.030.A.3 .
4. Conditions 1 through 4 of the decision require that Puget Corporation
make unnecessary improvements at this time. Community Development
Code Section 18. 164.030.
FINAL ORDER NO. 94 - -PC - PUGET CORPORATION -- PAGE 1
i
5. Satisfactory guaranties by Puget Corporation that future improvements
will be made when needed are available and shoulc' be accepted in lieu
of present street improvements. Community Development Code Section
18.16.030.A.3.
The Commission adopts the following CONCLUSIONS OF LAW:
1. Based upon Findings 1 and 2 above, the Commission
has.State--4u de determined iPlannng
the applicants proposal meets the app
Goals.
2. Based upon Findings 3, 4, and 5 above, the Commission has determined
that public improvements along the Bonita Road and 74th Street
frontage is unnecedseathis time
the and
installat annof theorequired
agreement will be adequate toensure
improvements at a future date.
Based upon the above findings and conclusions, SDP 8-84A is APPROVED subject
to the following conditions:
1. A City of Tigard approved non-remonstrance agreement shall
recorded with Washington County and a copy returned to the City
Planning Department before issuance of Building Permits or a change
of property ownership. }
2. A street right-of-way dedication of 30 feet from the Bonita Road
centerline and a 25-foot right-of-way dedication from the 74th Avenue
centerline shall be provided. The description for said dedication
be tied to the centerline as established by County Survey
shall
shall 3 and p20,387. The legal descriptions shall be approved by the
#20,Engineering Division and recorded with Washington County prior to
issuance of building permits.
3. Prior to issuance of building permits, a revised landscaping site
plan shall be submitted for Punning Director's approval showing a
minimum of three additional willow trees on the west side of the
building located in such a manner as to prevent future problems with
the USA sewer line.
4. This approval shall be valid for the period of one year from the
final approval date.
It is further ordered t at applicant be notified of the entry of this order.
�
PASSED: This 3 day of /'.� ��
1984, by the Planning
commission of the City of Tigard.
}
A. Donald Moen, President
Tigard Planning Commission
(KSL:bs/0675P)
FINAL ORDER NO. 04 - PC - PUGET CORPORATION -- PAGE 2
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: October 8, 1984 AGENDA ITEM #:
DATE SUBMITTED: October 4, 1984 PREVIOUS ACTION: September 24, 1984
ISSUE/AGENDA TITLE: Blasting City Council Meeting
Permit Fee Ordinance PREPARED BY: Joy Martin './ ?�(
REQUESTED BY: City Council
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
ass:ssaax saaaxs:xxsxzxxaxaa xz xaa zaaaxaaxxxxx xaaxxxxax xxxsaaaxa=aaaaxxxxxxaxx xxz
INFORMATION SUMMARY
Prior to setting fee rates for blasting permits, the code should state a fee
will be charged along with application requirements. Ordinance No. 84-41 set
the requirements, but there is no reference to charging a fee.
Attached is an ordinance adding language to the section allowing Council to
charge a fee for a blasting permit and to set the rate according to Chapter
r 3.32 of the Tigard Municipal Code.
::sass:sasaa:zaxx:zxxxa xaxaa xxxac xxxxas axaxx axxxxasxaxx xaxxxxxx saxaxaxx as xa:a a-
ALTERNATIVES CONSIDERED
1. Establish a distinct link between the blasting permit section of the TMC
and the fee rate by passing the ordinance.
2. Decide not to collect a fee for the required investigation, evaluation,
and processing of an application.
s::sass::assssssaasaxasa:aaaxzaas:sass:asasaaa xsazaassxaaasaaaasaaaaaaaasa:axaa
SUGGESTED ACTION
Pass the attached ordinance prior to passing the resolutin (on consent agenda)
setting the fee rate.
E 0608p/lw
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I
CITY OF TIGARD, OREN
GO
i1 i
COUNCIL AGENDA ITEM SUMMARY
1984 AGENDA ITEM N:
AGENDA OF: OCTOBER 8,
PREVIOUS ACTION:
DATE SUBMITTED: DCtOber 3 1984
ISSUE/AGENDA TITLE:
REQUESTED BY:
DISPATCH CONTROL RFP CONSULTANT
CITY ADMINISTRATOR:
DEPARTMENT HEAD OK:
asssazsss==
sass=sea = i
sasses #
azzszzssssszsssssssszzzsssa:sa=z=====_' MMARY #
INFORMATION SU
t
Councilor Edin and City Attorney Ramis will be reporting to you on their s
rested consultants. Two consultants have been asked to
contacts, with inte i
present their proposals to Council that night-
...........
ight.sssss:..ssssssssss:sssss::sssasssssssssssss
ALTERNATIVES CONSIDER
ED
sssssssassszssssssssssssssas::sssss::sssasssas ssssssssssss ao saazas asza zssssssz sa
SUGGESTED ACTION
C
COCAAn & ASSOCIATC5
October 8, 1984 Consultants in Planning and Public Affairs
Mayor John Cook and Members
of City Council
City of Tigard
PO Box 23397
Tigard, OR 97223
We are pleased to be invited to submit a proposal to assist the
City of Tigard to evaluate its approach to providing police
dispatching services. We understand the city's desire to under-
take an objective evaluation with the goal of maintaining an
effective and efficient service delivery system. Cogan & Associ-
ates has considerable experience studying sensitive community
matters, and we often help our clients resolve complex technical ,
political, administrative, institutional and safety issues. I
our principal team on this project will consist of Don Clark,
former chairman of the Multnomah County Board of Commissioners
and Multnomah County Sheriff, and myself. Clay Durbin, Director
of communications for the City of Eugene, will provide special
technical assistance. Clay and Don have substantial experience
working with law enforcement entities and have been specifically
involved with the formation of 911 and emergency communication
systems for several communities. I will serve as the client
contact and project manager. As necessary, we will supplement
these efforts with research and editing services available within
our firm.
We are looking forward to discussing our proposal with you and
are prepared to begin work immediately if you choose us to proceed.
Arnold Cogan, President
Cogan & Associates, Inc.
AC:kjm
Attachment
Seventy-One Southwest Oak Street / Portland, Oregon 97204 / (503) 225-0192
COOAn ASSOCIATCS
Consultants in Planning and Public Affairs
iPROPOSAL ,
TO
i
ASSIST THE CITY OF TIGARD
TO EVALUATE APPROACHES TO
PROVIDING POLICE DISPATCHING SERVICES
Prepared by
Cogan & Associates, Inc.
J October 5, 1984
Seventy-One Southwest Oak Street / Portland, Oregon 97204 / (503) 225-0192
INTRODUCTION
The City of Tigard has developed a formal request for written
proposals to provide a complete range of police dispatch services
consistent with the Police Department's dispatching program.
These services shall be for three to five years beginning
July 1, 1985.
Prior to distributing these requests to qualified vendors of dis-
patch services, the city wishes to retain a consultant to evaluate
the RFP in terms of its objectivity and adequacy as a bid solici-
tation document and to provide advice about whether it should
contract out for such services or provide them in another effec-
tive and equitable manner. The object of this proposal is to
assist the city in assessing these factors. The goals for our
work include:
- Develop a cost effective approach to creating an effective
and efficient service delivery system for the City of
Tigard.
- Maintain a dispatch program which performs at least the
current level of service.
f - Create a system which is easily understood by the public
and allows citizens quick and efficient access to needed
services.
- Produce an objective evaluation of the basis for contract-
ing dispatch services.
- Reach agreement among Tigard officials and others concern-
ing the future of dispatch services in a manner which
minimizes controversy.
DESCRIPTION OF WORK
Following is a description of the tasks we propose.
Task 1. Orient Consultant with Police Dispatch Issues in Tigard
Following an initial meeting with appropriate city personnel to
clarify and confirm anticipated goals, activities and products,
we will review relevant written materials concerning the police
dispatch system and conduct a limited number of interviews with
key individuals within and outside the city. The latter, chosen
with the concurrence, of the client, will be representatives of
entities such as the Tualatin Rural Fire Protection District,
Washington County, City of Beaverton and others as appropriate.
The purpose of this initial task is to develop a thorough familari-
nation with the issues.
Task 2 Analyze Draft RFP and Other Documents
Undertake a thorough evaluation of the draft RFP and other related
materials. Our analysis will consider such issues as adequacy
of dispatch services, political priorities, institutional efficiency,
organizational capability, economic feasibility, and safety
requirements.
Task 3 Review Results of Analysis
Discuss results of our analysis thus far with Tigard officiate .
It will be necessary to set aside a sufficient amount of time
to provide ample opportunity for all issues to be raised and
thoroughly discussed. It is our objective that this meeting
results in agreement on the relevant issues and a consensus
regarding their solution.
Task 4. Prepare Final Report
After agreement is reached, per Task 3, we will prepare a report
describing the results of our work, the options considered and
the final recommendations. We will present this report to the
City Council, providing the city ten copies of a report plus a
/ camera ready original from which additional copies can be prepared .
4 PROJECT TEAM
The following individuals will be involved in this effort:
Principal Team •
Arnold Cogan will serve as project manager and specialist in
interagency coordination and institutional arrangements.
President of Cogan & Associates with established professional
reputation in policy planning and growth management for
public and private clients. Oregon's first state planning
director and first executive director of the Oregon Land
Conservation and Development Commission; past associate
vice president for planning and economics, Daniel, Mann,
Johnson & Mendenhall; first planning director, Port of
Portland.
Don Clark will serve as public safety specialist and public
affairs analyst.
Senior associate of Cogan & Associates, specializing in
services to public agencies in the fields of criminal justice
administration, executive management, governmental relation-
ships and health care. Former elected Executive of Multnomah
County with national reputation as sound and innovative
manager of local governmental affairs; former Sheriff of
Multnomah County.
-2-
Clay E. Durbin will serve as communications specialist and law
enforcement analyst.
Director of communications for the City of Eugene with over
seven years experience in dealing with consolidation of
police, fire and 911 emergency telephone systems; knowledge-
able about political, management and technical issues involved.
More detailed biographical resumes follow the qualifications
section.
Support Team
Elaine Cogan, technical editor.
Vice president of Cogan & Associates responsible for
communications, research and editing of all reports and
publications. Weekly editorial columnist, The Oregonian;
radio commentator on public affairs. Past president, League
of Women Voters of Portland; consultant
former Governs nor
Bob Straub on urban issues. Many appoint
ive community boards and commissions; chairperson , Governor's
Special Commission on Liquor Control and the Task Force on
Disaster Preparedness for Portland and Multnomah County.
Jessica Richman, research analyst.
Research assistant with Cogan & Associates with skills in
land use planning implementation strategies, housing ,
statistics, survey analysis and research. Honors graduate
in social science and urban studies; masters degree in urban
planning from Portland State University.
C
-3-
TIME AND COST
Our estimate is divided into the four tasks as follows:
Time
Hours for Tasks
Total
Personnel 1 1 1 2 1 31 4 IHoursj
A. Cogan 1 16 1 16 1 12 1 12 1 56 1
D. Clark 1 8 1 10 1 8 1 6 1 32 1
C. Durbin 1 8 1 12 1 14 ( 8 1 42 1
E. Cogan 1 2 1 - 1 - 1 6 ( 8 1
J. Richman ( 6 ( 8 1 - 1 6 1 20 1
Clerical 14 1 2 1 2_1 6 1 14 1
Estimated Cost
Personnel
A. Cogan - 56 hrs @ $75/hr = $ 4,200
D. Clark - 32 hrs @ $65/hr = 2 ,080
C. Durbin - 42 hrs @ $57.50/hr= 2,415
E. Cogan - 8 hrs @ $50/hr 400
J. Richman - 20 hrs @ $30/hr = 600
Clerical - 14 hrs @ $20/hr = 280
$ 9,975
Direct Expenses
Ground transportation,
long distance telephone,
word processor, photocopies,
miscellaneous $ 275
TOTAL ESTIMATED PROJECT COST $10,250
We will not exceed the total cost of $10,250 to undertake the
four tasks described on the preceding pages.
We can complete the work in approximately six weeks from the
time we are authorized to proceed.
C
-4-
COOAR S ASSOCIATCS
i
Consultants in Planning and Public Affairs
I
1 STATEMENT OF QUALIFICATIONS I
I
Cogan Associates, Inc. , (CSA) specializes in applying creative
planning, research, and analysis techniques to problems of govern-
mental agencies and private clients. CSA is certified as a
Woman Business Enterprise and an Equal Employment Opportunity
Affirmative Action Employer. Through our experience, we have
tested and affirmed the following principles:
- Policy planning is a political, management and technical
process which is served best by thorough data collection,
research, and analysis.
- Not every technical problem can be solved only by a
technical solution. In fact, people often are most
responsive to non technical remedies which involve rear-
ranging relationships among institutions, new or innova-
tive management and budgeting procedures, and innovative
communication techniques.
- Public involvement processes assist community leaders by
providing an important base of information, developing
positive support for planning and development decisions,
and enhancing the environment within which important
decisions are made.
- Every plan should include a carefully developed implementa-
tion strategy.
As consultants, we have the professional knowledge and skills to i
help our clients address the following:
- Identify and formulate effective institutional and organi-
zational relationships. I
- Develop strategies to insure timely and cost effective
implementation of projects.
- Resolve public conflict and produce consensus.
- Ascertain impacts of major public decisions on community,
safety and social factors. i
Seventy-One Southwest Oak Street / Portland, Oregon 97204 / (503) 225-0192 !
I
4
Cogan & Associates, Inc. , is the recipient of Meritorious Planning
Project Awards from the Oregon Chapter of the American Planning
Association. In 1980, we were cited for creative involvement of
public and private interests in developing uses for the western
portion of Hayden Island in the Columbia River. Our citation in
1981 was for preparation of a ten year strategic plan for one of
Oregon's major human services agencies.
We are equally at ease with public and private clients and find
that the services we provide often assist each to work better
with the other. Depending upon the nature of the assignment and
the client's preference, we work either on a fee for services or
retainer basis.
Clients include the following :
- City and Borough of Juneau, Alaska
- Portland, Oregon, Planning Bureau, Housing Authority,
Development Commission
- Beaverton, Oregon, Department of Community Development
- Cities of Wilsonville, Cornelius, North Plains, Aurora,
Molalla, West Linn, and Milwaukie, Oregon
- Clackamas County Community Development Division
- Deschutes County, Oregon, Board of Commissioners
Los Angeles County Department of Regional Planning
Multnomah County, Oregon, Department of Environmental
Services
- Washington County , Oregon, Office of Community Develop-
ment
- Washington County, Oregon, Department of Planning
- Metropolitan Service District (Portland Region )
- Denver Regional Council of Governments
- Washoe Council of Governments, Reno, Nevada
- Oregon State Department of Economic Development
- Oregon Division of State Lands
- Washington State Department of Revenue; Governor's Office
- Nevada State Department of Environmental Services
- Idaho State Department of Planning & Community Affairs
- Montana State Department of Natural Resources
- Bonneville Power Administration
- National Governors' Association/Council of State
Planning Agencies {
- U.S. Environmental Protection Agency
- U.S. Department of Transportation
- Pacific Northwest River Basins Commission
- Federal Aeronautics Administration }
- U.S. Army Corps of Engineers
- City of Vancouver, Washington
- Oregon Division of State Lands
- Metropolitan (Portland) Family Service
- Providence Medical Center
-2-
Selected Projects
U.S. Army Corps Collaborated with another consultant
of Engineers to complete the technological assessment
portion of a National Hydropower Study,
commissioned by Congress and administered
by the U.S. Army Corps of Engineers.
The purpose of the work was to analyze
technical, legal/institutional , environ-
mental, economic, and social impacts of
partial or full development of the nation's
hydropower potential. Primary responsibil-
ities consisted of research, policy
formulation , and writing and editing
portions of the final report related to
legal/institutional issues.
Beaverton, Oregon Designed growth management plan and
capital improvements program for a
municipality which faces a growing demand
for services to serve rapidly increasing
population. Specifically undertook the
following:
- Evaluated relationship between
residential, commercial, and industrial
demands and the city's capability to
provide adequate water, sewer, roads,
police, fire, and other services;
• - Identified existing and potential
service capabilities and fiscal
constraints;
- Assessed growth management practices
in the U.S. including effectiveness,
impacts, and problems;
- Conducted community workshops, inter-
views, and briefings with city offi-
cials to ascertain public priorities
and concerns.
Final report recommended a growth manage-
ment system, including strategies, budget,
and personnel allocations; long range
management process for programming,
ranking , and -valuating capital improve-
ments; and an nitial capital improvements
program.
-3-
Idaho State Analyzed complex technical and political
Bureau of Planning implications of a statewide adjustment of
and Community the air quality classification system to
Affairs prevent significant degradation. Study
was undertaken at the request of Governor
Cecil Andrus to provide information on
policy options which would permit or restrict
growth in various sections of the state.
U.S. Environ- Studied and designed strategies to simplify
mental Protection energy facility siting activities for the
Agency coastal areas of California, Oregon, and
Washington. Subjects included air and
water quality planning, coastal zone
management, and energy facility siting
procedures. Methodology included inter-
views with key agencies and participatory
workshops to explore institutional roles
and relationships, simplify policy
planning and regulations, and reduce
paper work. Recommendations concerned
means to integrate the energy facility
permit process within these states and
with federal agencies and the private
sector.
State of Colorado, Provided advice to office of the Governor
Division of Planning, and other state officials concerning the
Department of Local most effective ways to implement land
Affairs use planning responsibilities. Study
recommended the roles of agencies, such
as the Colorado Land Use Commission and
the Division of Planning , which have
primary responsibility to develop services
to regional councils and local governments.
An immediate impact of this study was
the resolution of regulatory and institu-
tional conflicts adversely affecting the
skiing industry in the Vail corridor.
Washington Analyzed controversial issues and recom-
Department of mended non-legal means to resolve conflicts
Revenue & office concerning state taxation of commercial
of the Governor enterprise on Indian reservations.
Interviewed government officials and
representatives from most of the 22
Indian tribes in the State of Washington.
-4-
Metropolitan Prepared ten year strategic plan for the
Family Service, agency, including statements of purpose ,
Portland, Oregon objectives, roles, responsibilities, and
implementation strategies. Conducted
workshops, meetings, interviews, and
questionnaires with key board, staff,
and community representatives to identify
issues, establish priorities, and evaluate
alternative future directions.
Providence Medical Designed and managed process for reach-
Center, Portland, ing consensus regarding goals, objec-
tives, and priorities affecting a long a
range plan of continued health services
to the Portland community.
Washington County, Prepared six year housing and community
Oregon, Community development plan as required by the
Grant
Development Office cfmtheity federallopgovernmentck Processrogram
included countywide needs assessment and }
recommendations for strategies for housing,
neighborhood revitalization, and community
f
facilities. The consultant's innovative
methodology for allocating block grant
funds was adopted by the client.
City of Assisted small city to implement state
Wilsonville, planning grant. Developed process for
Oregon preparing comprehensive land use plan in
compliance with statewide goals and
guidelines; trained officials, staff and
citizens to become effective participants;
guided city officials and personnel;
acted as a technical resource.
New Capital Site Estimated costs of relocating , building ,
Planning Commission, or expanding facilities to accommodate
Anchorage , Alaska state government employees if the sHtaate
capital is not moved from Juneau.
tained as part of a joint venture, analyzed
assumptions about projected growth and ties
accompanying needs for physical
and services.
National Science Wrote article for submission to the
Harvard Business Review describing the
Foundation roach to corporate t
multiple perspectives app
and governmental decision making. Article
was an extension of a project funded by
the National Science Foundation to study
the application of this approach to
technological decision making.
-5-
Multnomah County, Managed studies to identify the most
Oregon effective and efficient means to share
roadway maintenance responsibilities
among cities and unincorporated areas.
Developed major study of interjuris-
dictional differences in planning, design,
reconstruction and maintenance of the
highway system; served as staff to task
force.
Multnomah County, Assessed technical , land use, and reg-
Oregon, Department ulatory factors affecting the siting of
of Environmental radio and television transmission towers;
Services developed siting and locational standards
to minimize impacts on surrounding land
uses. Resulting ordinance is one of the
most comprehensive in the country to
be adopted by a local jurisdiction.
Oregon Local Govern- Conducted management seminars for public
ment Personnel managers on the subjects of how to choose
Institute and use professional service contractors
and how to manage construction contracts.
Department of Designed and facilitated workshop for a
Justice Services, countywide task force on intoxicated
Multnomah County, drivers to build consensus on goals,
Oregon problems and strategies. Assistance
also provided in developing a systematic
approach to organizing the activities of
the task force.
Yamhill County Assisted rural Oregon county determine
Road Maintenance most cost effective means to maintain
Department its road system. Evaluated existing
McMinnville, Oregon system, ascertained capability of local
private contractors, and recommended how
the county can increase its efficiency
and capacity within current funds and
other resources.
Washington County Advisor to county justice task force
Corrections on policies and strategies for appropriate
use of jail space and intergovernmental
and systemic problems of managing levels
of incarceration.
C
10/5/84
-6-
ARNOLD COGAN
Mr. Cogan is president of Cogan & Associates, Inc. After more
than twenty years experience, he has established a professional
reputation in the fields of public involvement, policy planning,
and institutional and growth management for public and private
clients.
He has written and published numerous articles and The beenChicquoted
extensively in national publications including
ublic
Tribune , Saturda Revigo
M=/ WoCoganwrldrAhaslbeenuaaprincipalPspeaker
Works, and P ann n .
before many nat oval organizations such as the American Associa-
tion for the Advancement of Science, American Society of Civil
Engineers and the American Planning Association, and has been
interviewed on numerous radio and television programs on the
subjects of land use, environmental quality , citizen partici-
pation and public administration.
He was Oregon's first state planning director under Governor
Tom McCall and later Oregon's first administrator owl the broad
Land
Conservation and Development Commission, an agency
power over land use planning in the entire state. The program
was awarded top honors from the American Planning Association.
He has been associate vice president for planning and economics
for Daniel , Mann, Johnson & Mendenhall and was the first planning
as
director for the Port of Portland. He has seCommissioncand
chairman of the Oregon Environmental Quality
has been a guest lecturer to the Thorne Ecological Institute,
University of Southern California Environmental Management
Institute, Western States Councils of Governments, the American
Industrial Developments Council and others.
Mr. Cogan graduated with honors in Civil Engineering from Oregon
State University and has undertaken graduate work in planning
and political science at Portland State University. He is
a registered Civil Engineer in the state of Oregon and a member
of the American Planning Association and the American Institute
of Certified Planners.
He has served as president of the Portland Chapter of the Profes-
sional Engineers of Oregon, an officer of the Pacific Northwest
Chapter of the American Institute of Planners and as a member of
national committees of this organization. He was a founder and
president of the Portland Beautification Association.
t
Specific experience includes:
Manages the consulting activities of Cogan & Associates,
Inc. , on behalf of clients with diverse needs such as
Portland General Electric Co. , City of Portland Bureau
of Planning , Union Pacific Railroad, Metropolitan
(Portland) Service District, Georgia Pacific Co. , U.S.
Environmental Protection Agency, Oregon Bank, Denver
Regional Council of Governments, Walsh Construction
Co. , the National Governor's Association and the Pacific
Northwest River Basins Commission. Consultation
oon
behalf of these and other clients includes planning,
research, analytical and advisory services devoted
solution, development
to land use studies, conflict re
governmental relations,
strategies, citizen participation,
policy evaluation and institutional arrangements.
Organized and established a statewide land use planning
program for the Oregon Land Conservation and Development
Commission which was recognized by a national honor
award from the American Planning Association. Under
his direction, more than 10,000 Oregonians were involved
in workshops all over the state to help determine
basic land use policies. More than 200 technical
specialists served under his direction to augment the
fulltime prof �3sional staff in the task of preparing
ines.
comprehensive statewide land use goals and guide
The final document is the land use guideline for •
every city and county in the state and covers 14 elements,
including energy conservation, agriculture, economic
development, housing , hazardous areas, transportation,
urbanization, forestry and citizen participation. He
also initiated a process for coordinating the actions
of federal , state and local agencies concerned with
major capital improvement projects.
Expanded planning and economic services throughout the
United States to public and private clients of Daniel,
Mann, Johnson & Mendenhall, one of the nation's largest
consulting firms. Studies included development of a
guide for statewide land use planning in Alaska ; citizen
participation programs for a Seattle transit study;
annexation and consolidation of service districts in the
Willamette Valley, Oregon; 40-mile Rio Salado Riverfront
Redevelopment Project in Phoenix , Arizona; recreational
development in Vail, Colorado: and community redevelop-
ment for the Colorado River Indian reservation.
Initiated and directed an executive management planning
program for Oregon while serving on Governot Tom McCall 's
staff. He also designed a system of state administrative
districts for use by all state agencies and local units
of government participating in multi-county planning
and programming; and provided advice and recommendations
to the Governor on such issues as land use, zoning
controls, housing , and economic development.
Prepared land development plans for industrial , aviation
and marine development activities of the Port of Portland.
He advised management, coordinated Port programs with
other public and private agencies and prepared the Port's
comprehensive plans and studies. In addition, Mr. Cogan
directed the preparation of a comprehensive plan for the
Port's Rivergate District: 12 square miles of undeveloped
land at the confluence of the Willamette and Columbia
Rivers. He also was responsible for the planning of
the 600-acre in-town Swan Island Industrial Park.
9/8/83
Arnold Cogan
DONALD E. CLARK
Mr. Clark, recently retired as the elected executive of Multnomah
County, is an adjunct Senior Associate of Cogan & Associates,
Inc. , while serving as Executive Director of the Burnside
Consortium. He specializes in consulting services to public
agencies in the fields of criminal justice administration , health
care delivery, executive management and institutional arrangements.
He often serves as an expert in litigation involving police work
and related law enforcement matters.
Mr. Clark is an Oregon native who held the elective position of
Multnomah County sheriff before becoming the first county executive
when the charter was revised in 1976. As a public official, Clark
is credited with many achievements, including raising the recruit-
ment standards of the sheriff's office to require a college
degree; pioneering a work release program for criminal offenders;
leading community efforts to institute a 911 emergency system;
spearheading consolidation of the state court system; and initiat-
ing Project Health, a nationally recognized program of community
health care.
He graduated from San Francisco State College with a Bachelor of
Arts degree in sociology and has undertaken post graduate studies
in education and social science at Portland State University.
He has served as a consultant to the Public Administration Service
in Chicago, Illinois, and was a member of the National Association
of Counties Task Force on Public Safety and the Vice President's
Task Force on Order and Justice. He also was an dvisor to the
President's Commission on Law Enforcement and Administration of
Justice; a member of the Oregon Criminal Law Revision Commission;
associate director for law enforcement programs at the Portland
State University Urban Studies Center; elementary school teacher;
and a U.S. Civil Service investigator.
He is co-author of the book, A Forward Stee: Educational Back-
grounds for Police, and wrote the first jail management sect on
of the publication of the International City Management Association,
Municipal Police Administration. He is the author of numerous
art Iles on law enforcement and government published in professional
journals and popular media.
Among his many awards are the following :
- Achievement Award for local government, 1983, Portland
Observer newspaper.
( Award for Significant Service to Senior Adults in the
Community, 1981 , Portland/Multnomah Area Agency on Aging.
i
s
Outstanding Care of the Elderly, 1981 , Northwest Gerontol-
ogy Center.
Significant Contributions to the Cause of Individual
Freedom, 1979, ACLU Civil Liberties.
Forrest E. Rieke Achievement Award in Community Health
Planning, 1979, Northwest Oregon Health Systems.
Specific experience includes:
- Reorganized sheriff's office, raised recruitment standards
and emphasized community service of the Multnomah County
Division of Public Safety ; agency now enjoys a national
reputation for excellence , honesty and achievement.
Initiated $58.6 million Justice Center containing a new
430 bed county jail with "state of the art" facilities,
courtrooms, and administrative offices for the county
sheriff and city police bureau.
- Realized more than $4 million in savings by increasing
administrative efficiencies and personnel productivity in
county government; established unique long range management
systems in fiscal planning, fleet maintenance , capital
improvements, self-insurance, data processing and budgeting
which insure county's long-range fiscal stability.
- Led community campaign to establish and fund 911 emergency
systeig in Multnomah County; successfully lobbied for
statewide 911 legislation.
- Organized efforts to develop David Hooper Memorial
Detoxification Center, removing public drunkenness offender
from the criminal justice process.
- Spearheaded legislation consolidating state courts system.
- Co-sponsored public guardian pilot project on behalf of
elderly citizens adjudged by courts as unable to act in
their own best interests.
- Initiated Multnomah County's 40-Mile Loop park project.
- Promoted construction of $12.5 million county maintenance
shops complex below ground in abandoned gravel pit;
facility features largest application of active and
passive solar energy technology in the Pacific Northwest.
- Managed programs which have received 50 separate achievement
awards from the National Association of Counties; subjects
include crime prevention , neighborhood team policing ,
mobile command center, victims assistance, animal control,
and hazardous material management.
6/28/84
-2-
CLAY E. DURBIN
2088 Eastwood Lane
Eugene, OR 97401
Home Phone: (503) 683-2445
Business Phone: (503) 687-5179
SUMMARY OF QUALIFICATIONS:
* Twenty (20) years' experience in management positions; mentoring
personnel ; synthesizing, coordinating and overseeing organizations, in
addition to developing, analyzing and establishing programs, plans and
budgets.
* Nine (9) years' experience in City and County government operation.
* Completion of a Master of Arts Degree in Public Administration and a
Bachelor of Science Degree in Environmental Science.
* Knowledgeable in principles and practice of organizational development,
as well as in personnel management, policy formulation and
implementation, administrative theory and practices, computer programming,
and operations management.
* Skilled in human relations, staff supervision and daily operational
administration.
* Skilled in budgetary review, preparation and management.
* Experienced in negotiating wage and labor union contracts.
* Experienced in conducting, developing and coordinating special studies
and projects.
* Skilled in delivering presentations of studies, reports and budgets to
City and County committees, councils, executives, elected officials, and
the public.
* Proficient in analyzing and resolving organizational and management
problems.
* Familiar with intergovernmental relations.
AREAS OF EXPERIENCE:
Administrative Management Teaching Programs
Operations Management Planning/Synthesizing Budgeting
Public Relations Coordinating/Innovating Resource Allocation
Personnel Management: Analyzing Scheduling
Training/Supervision Compiling Directives/Regulations
Problem-Solving Public Safety Communications: Liaison/Coordinator
Report Preparation Radio Research Methods
Labor Negotiations Telephone Computer Systems
Public Speaking 9-1-1 Systems
Community Relations
CLAY E. DURBIN
Page 2
EDUCATION:
Master of Arts Degree in Public Administration; August, 1979; 3.78 GPA.
Bachelor of Science Degree; June, 1977; 3.65 GPA.
Western Washington University, Bellingham, Washington; received training in
administration, organizational management and behavior, policy
formulation and implementation, policy analysis, budgeting, public
finance, statistics, computer programming, personnel management,
economics, planning, the natural sciences, environmental and land use
planning, ecology and environmental studies, along with many other
administrative and management studies. On Dean's Honor List several
quarters. School expenses financed by working full-time at night.
SPECIAL PROJECTS:
* Appointed by the Mayor of Bellingham to chair committee to study the
feasibility of the City and County government purchasing their own computer-
ized telecommunications system to improve service and realize a savings of
funds.
* Appointed by County Council Chairperson as a member of the County Task Force
to determine the feasibility and method for implementing a 9-1-1 Communic-
ations System for the County.
* Served on various City and County personnel selection boards to evaluate
candidates for public positions.
* Faculty member, City College of Seattle, on a part-time basis. Teaching
business administration classes at graduate and undergraduate levels in such
subjects as operations management, policy formulation and implementation.
* Served on committee for election of State Legislator, working on campaign and
giving various talks on his behalf.
* Served on City management team for wage and contract negotiations with City
employees' union.
EMPLOYMENT HISTORY:
1983 to
present: Director of Regional Public Safety Communications Center; City of Eugene,
Oregon. Responsible for the design, development and project management
of the construction project of the physical plant and the installation of
equipment in a new public safety communications center to provide police,
fire and emergency medical communications radio dispatching services,
along with the development and installation of a 9-1-1 emergency tele-
phone answering system to serve a region of 230,000 persons. Developed
organization structure, objectives, goals, policies, plans, programs, and
operating protocols; also responsible for preparing and managing a
$2,000,000 budget; agency administration, coordination and maintainence
of liaison with user agencies and other governmental agencies; present-
ation of plans, budget, and programs to department heads elected
officials, City and Councils, and the general public; allocating
CLAY E. DURBIN =
Page 3
resources to maintain operation of the agency; responsible for total
administration and management of personnel and resources to ensure
delivery of service.
1979 to
1983: Director of Regional Public Safety Communications Center, City of
Bellingham, Washington. Responsible for planning, coordinating, budget-
ing, and directing overall operations of a new regional public safety
communications center. Designed, planned and developed the organization
of the physical plant, and the installation of equipment to proivde
police, fire and emergency medical services radio dispatching communic-
ations, along with a 9-1-1 emergency telephone answering point.
Developed objectives, goals, policies, plans, programs, operating
procedures, budget preparation and management; agency administration,
coordination and liaison with user agencies and other governmental
agencies; interacting with department heads, elected officials, City and
County Councils, and the general public; allocated resources to maintain
operation of the agency; responsible for personnel staffing, coordin-
ating, scheduling and planning daily and future organizational activity
of the center.
1973 to
1979: Full-time student. Supported my educational and living expenses by
working full-time in law enforcement positions with Sonoma County
Sheriff's Department, Santa Rosa, California; and Whatcom County
Sheriff's Department, Bellingham, Washington.
1955 to
1972: Command Staff/Operations Superintendent, U.S. Air Force. As staff at a
major command headquarters, accepted accountability for operations of
field units worldwide, which involved establishing command policy, concepts
and scope of various contingency plans, regulations, directives, and
programs to include synthesizing and coordinating USAF and DOD plans and
programs as they applied to the command; representing the command for
manpower authorizations, special projects, equipment, and physical
facilities; performing inspections and audits with the Inspector General ,
encompassing conducting operational readiness inspections, evaluations
and management analysis of organizations; writing and synthesizing
reports of findings; developing and providing standup briefings of
findings to the command with recommended corrective action of problem
areas; traveling worldwide and interacting with DOD, USAF and other
services, interagencies and field units' staff.
As staff of operational unit, under direction of commander, managing and
coordinating the developing, writing and implementing of contingency and
operational plans, programs, operating instructions, and organizational
budgets; organizing and coordinating unit's activities with other
agencies; reviewing personnel qualifications, assigning management and
supervisory personnel ; determining organizational priorities and
allocating resources to meet organizational goals; generally maintained
control and managed the overall operation of the organization through
branch and section supervisors; responsible to the commander for
effective and efficient operation of the organization; handling
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: OCTOBER 8, 1984
AGENDA ITEM #:
DATE SUBMITTED: OCTOBER 3, 1984 PREVIOUS ACTION: Council review
ISSUE/AGENDA TITLE: ORDINANCE
AMENDING TMC REGARDING CITY COUNCIL PREPARED BY: J. Widner
MEETING PAYMENTS REQUESTED BY: B. Jean
DEPARTMENT HEAD OK:
CITY ADMINISTRATOR:
aszssss::=asaazaaaaaazsssaaa=asazsaaaa=saa=aas=asazaa=asaszsass==sazzssa:::az as
INFORMATION SUMMARY
City Council meeting of September 24, 1984, City Council discussed the
At the
terms of payment for City Council meeting attendance.
ded to
ed
o read
It was d d i 180 00 tpere three months land Council pal Code edirectede staff t tn
ot
prepare an
to excee �
ordinance.
This ordinance is attached for your review and acceptance.
saasasssas sss:asaasaa:aasasasaa:zaasaa=sa=saa
azaxzaa asaaaazassza=aa=a s:sas:sass
ALTERNATIVES MNSIDERED
n/a
s:ss:asasassasaazszsaasaaass aaza=aasszz:a:sa a=asaaa:aa=sasaaaaysaaszs:aa sa asses
SUGGESTED ACTION
I recommend passage of the attached ordinance.
CLAY E. DURBIN
Page 4
administrative duties as required.
CITY OF TIGARD OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: October 8 1984
AGENDA ITEM #:
DATE SUBMITTED: October 4 1984 _ PREVIOUS ACTION:
ISSUE/AGENDA TITLE: CPA 24-84 _.__-----
Develo i and Established Areas PREPARED BY: ---
REQUESTED BY:
DEPARTMENT HEAD OK: CITY ADMINISTRATOR: _
_v�-1� ..—
INFORMATION SUMMARY
icaeveloping and
LCDC's reviews staff requested and how cit i uld taffect density . Staion of the City' s ff has supplied
established area criteria6.3.2.
LCDC with a map analysis which negated the need to amend policy
drawn from consideration.
Therefore, this item was with
t
ALTERNATIVES CONSIDERED
The item was withdrawn
SUGGESTED ACTION
The item was withdrawn
(0689P)
C
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: October 8, 1984 AGENDA ITEM #: '-
DATE SUBMITTED: October 3, 1984 PREVIOUS ACTION:
ISSUE/AGENDA TITLE: Items #11 - 13
PREPARED BY: Bill Monahan
REQUESTED BY: Bill Monahan
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
sazaassssasssassassaassssazsa:s:ssassaa x==-======...s aaaa xasazxazzava szza--
INFORMATION
a axINFORMATION SUMMARY
There are three agenda items, #11 - 13, which were approved by the Planning
Commission on October 2, 1984. Final Orders, as required, will be prepared
and submitted for your approval on October 22, 1984.
The Council should open the Public Hearings individually on these three items
and continue them to October 22, 1984.
s:s:ass:asssasassasssssasza-saasxax:xs:zc=zaasasax azzzasaxa:x saaazas-----------
ALTERNATIVES
azasaaasssALTERNATIVES CONSIDERED
1. Open the public hearings on Agenda Items 11 - 13 and continue them to
October 22, 1984.
sssa ss assssssszssasassaa:szsss:sassaszaasszasaaaszsaa:axes:azzaz:szaaszssssssaa
SUGGESTED ACTION
Staff recommends that the Council open the public hearings on Agenda Items #11
- 13 and continue them to October 22, 1984.
( (0683P)
CITY OF TIGARD OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: October 8, 1984 AGENDA ITEM #: —
DATE SUBMITTED: October 4, 1984 _ PREVIOUS ACTION: Planning Commission
ISSUE/AGENDA TITLE: ZOA 6-84 Approval on October 2 and 3, 1984
Amendments to the Community L_ PREPARED BY:
Development Code REQUESTED BY:
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
r
s
INFORMATION SUMMARY
The Planning Commission has recommended a number of revisions to the
Development Code. A copy of the changes is attached.
s
i
ALTERNATIVES CONSIDERED
1. Adopt the recommended changes to the Code.
SUGGESTED ACTION
The Council should review and adopt the proposed code revisions. Staff will
then come back with an ordinance at a subsequent meeting.
(0689P)
MEMORANDUM
CITY OF TIGARD
TO: Members of the City Cuuncil
FROM: William A. Monahan, Director of Planning and Development
DATE: October 4, 1984
SUBJECT: ZOA 6-84, Amendments to the Community Development Code
Attached is a list of amendments the Planning Staff is proposing to the
Development Code. Most of the changes proposed are for more efficient
administration of the Code. A few of the changes are as a result of
discussions with LCDC Staff. The Planning Commission met on two evenings,
October 2, 1984 and October 3, 1984.
Over the course of two hearing nights the Planning Commissiar, voted to
recommend the following revisions. Unless noted, the decision was unanimous.
It should be noted that on the first hearing night there were nine planning
commission members present but only six on the second evening.
Explanatory language is contained in the sections to describe the intent of
the proposed revision.
s
Addition to the Conditional Use Section of the Code. Standards are being
inserted for manufactured and mobile home parks.
18.130.150 C. 20 Manufactured and Mobile Home Parks see Chapter 18.94
Add. "a. Applicable Zones: R-3.5, R-4.5,
b. Minimum Lot Size: one acre
C. Minimum lot dimension: frontage — 100 feet
depth — 150 feet
d. Minimum setbacks: front yard — 25 feet
rear yard - 25 feet
side yard — 10 feet
corner lots — 25 feet
e. Height Limitations: see applicable zone
f. Off Street Parking: See Chapter 18.106 for
for applicable use.
g. Landscaping: equivalent of 20% of the park area.
i
h. Screening: See Chapter 18.100
i. Outdoor recreations: Have a minimum of 60 square
feet of outdoor recreation area, suitably i
improved for recreational use, provided for each
unit exclusive of required yards. Each f
recreation area shall have minimum size of 2,500
Y
square feet. 4
Manufactured Home Subdivisions
i
i
j . Applicable zones: R-3 .5, R-4.5
P
a
k. Minimum lot size: see applicable zone
1. Minimum lot dimensions: see applicable zone
s
M. Minimum setbacks: see applicable zone
n. Heith limitations: see applicable zone
o. Off Street Parking: see Chapter 18.106 for
applicable zone.
p. Landscaping and Screening: see Chapter 18.100"
18.120.020 Add:
"5. Mobile Home Parks and Subdivisions"
Page 2
s
• i
f
18.94.030 A. Delete "Chapter 18.120 (SITE DEVELOPMENT REVIEW) and" because
manufactured homes now go only though Conditional Use.
18.138.010 B. Add "Any changes to the Established or Developing area
boundaries shall comply with OAR 660- 07-035." Adding
a sentence so when comp. plan is updated, any changes
have to comply with O.A.R. , maintaining density.
18.32.12.0 A 3 . Delete entirely Section requiring publishing in the
newspaper.
18.32. 120 B Delete "and �ubli ation"
Add "ana between mailing "and" posting
Modification to procedures. We will no longer advertise
director's decision, we will continue notification to
surrounding property owners and the NPO.
Vote 3-2, 1 abstention.
18.136.020 A. Add "and for a Zone Change following procedures
outlined in Chapter 18.32." Annexation section.
When an annexation takes place, the property
owner must also apply for a zone change.
18.32.350 Add . . .given "to parties entitled to notice under
Section 18.32.290" Clarifies who is entitled to
appeal..
18. 114. 130 (B) Add: "3 . Permanent housing complex identification
signs . One ground sign, at each entry point
to the housing complex from the public
right--of-may, with the site property
landscaped, denoting the development name
and not exceeding 32 square feet in area.
Illumination may be approved as long as it
does not create a public or private
nuisance, as determined by the Director
considering the purpose of the zone.
a
Sign Code Section. Provides standards for
multifamily zones when a housing development
is built which requires an identifying sign.
18.114.130(8) Renumber 3 through 6 to 4 through 7.
r
Page 3
18.26 Add, In alphabetical order: These proposed new definitions.
"Review To re-examine administratively, a reconsideration
of a decision by a lower approval authority."
"Accept To receive as complete and in compliance with all
submittal requirements."
"Receipt Mere acknowledgement of submittal."
"Appeal Resort to a higher approval authority ."
"Public Business Day
The regular hours of business of Tigard City Hall
as designated and posted by the City.
"Complete:
Entire, include every item of the thing spoken
of, without omissions or deficiencies."
"Wetlands:
Lands transitional between terrestrial and
aquatic systems where the water table is usually
at or near (within 24" of) the surface or the
land is covered by shallow water. For purposes
of this classification, wetlands must have one or
more of the following 3 attributes: (1) at least
periodically, the land supports predominantly
hyrdophytes*; (2) the substrate is predominantly
hydric** soil; (3) the substrate is non-soil***
and is saturated with water or covered by shallow
water at some time during the growing of each
year.
*Hydrophyles A plant growing in water or in soil too
water logged for most plants to survive.
**Hydric Containing acid hydrogen.
***Non-soil Lacking the qualities of soil - not
firm, unable to sustain plant life."
18.72.050 C. I. Delete: "Except 50 feet shall be required where the I-H
zone abuts a residential zoning district." Front
yard setback - not necessary since intervening
streets add to the setback. Regular setback is
35 feet in industrial zones.
Page 4
18.68.050 C. I. Delete: "Except 50 feet shall be required where the I-P
zone abuts a residential zoning district." Front
yard setback not necessary since intervening
streets add to the setback. Regular setback is
35 feet in industrial zones.
18.40.040 C Add: "actual existing" before the word abutting in the
last sentence. Established and developing
transition policy. Clarifies how to apply the
process when new development abuts a development
already in place which exceeds the present
density.
18. 100.080A Delete entirely
Add: "1. At least one row of trees with a combination
of deciduous And evergreen trees not less
than 10 feet high for deciduous trees and 5
feet high for evergreen trees at the time of
planting, and spaced as follows by size of
tree:
a. Small or narrow stature trees (under 25
feet tall and less than 16 feet wide
branching) shall. be spaced no greater
than 15 feet apart.
b. Medium sized (25 to 40 feet tall., 16 to
35 feet wide branching) shall be spaced
no greater than 30 feet apart.
C. Large trees (over 40 feet tall and mre
than 35 feet wide branching) shall be
spaced no greater than 30 feet."
Purpose - To better define the standards to be applied to
buffers.
18.42.020 (B) (1) [Page III-62.3
1. Public Administrative Agency
Refers to public service providers, record keeping, clerical, or
public contact service that deal directly with the citizen, together
with incidental storage and maintenance of necessary vehicles, and
excludes commercial use type, Professional and Administrative
Services." Typical use types are associated with governmental
offices.
f
Page 5
The City Council has asked that the code be reviewed to establish criteria
by which to determine how "incidental storage and maintenance of necessary
vehicles" should be interpreted. The rigard Water district has proposed to
utilize a parcel of land in the CBD zone where Public Agency Administrative
Services is allowed as a permitted use. The C _rict's plans show
approximately 40% of the site as open, available f. , truck storage and
circulation. The Commission recommended that the word "i• rental" be defined
as follows:
"Incidental shall mean a use of premises which is dependent on or
aff F i.ated with the principal use of such premises"
This language should be added at the end of the definition.
The Commission, voted to do this rather than establish a percentage limitation
within the definition, such as adding the words "not to exceed 50% of the land
area".
The Commission dial not deal with the issue of whether or not the
definition of Public Administrative Agency should be revised to add "outside
storage of materials" in the definition after "vehicles".
Add to 18. 132.010(8) "except that the enlargement of expansion of a single
family residence will be allowed in the CBD -zone only."
These sections are needed to allow a non—conforming
single family use to expand in the CBD.
Add to 18. 132.040 A (1) "except that the enlargement or expansion of a single
family residence willbe allowed in tie CBO zone only ."
To allow expansion of a non—conforming use - single
family only—in the CBD Zone.
18. 108.060 B. Delete "is hereafter- prohibited, except that the City
may permit direct access to an arterial or
collector for lots within a subdivision that was
approved prior to the effective date of this
Code. See 18.106.050(F)." Access section. We
currently do not allow access from a lot to
arterials or collectors. There are instances
where there is no other access available.
18. 108.060 B. Add "shall be discouraged. Direct access to major
collector or arterial streets shall be considered
only if there is no alternative way to access the
site."
18.32.275 E. 3. Add after the word period "which was not available
` when the decision was made" Clarify amendment to
director's decision process.
Page 6
18.32.380 B. Delete 115" Allows City Recorder Office 10 days to
send out final order.
Add "10"
18.114.150 A Add "Fifteen copies for review by the Planning
Commission of the sign plans for sign code
exceptions." Increases number of copies of plans
for sign code exceptions from three to fifteen.
l
Page 7
iy
f
DJO INC. 11515 S.W. 91ST AVENUE PORTLAND,OREGON 97223 U.S.A. (503) 639-2900
CITY COUNCIL
October 8, 1984
Mr. Mayor and Members of the Council:
My name is Geraldine Ball ana I am representing DJB, Inc. and myself.
I'm confused with the Wetland definition. It seems it would be more understandable
if you used the Corps of Engineers definition. Anyone knows what a swamp, bog or
marsh is but how many people know what hydophtes is or is the word hydrophyles -
there are both spellings in the definition - and if hydrick means containing
acid hydrogen - then what are the proportions - and item 3 says the substrate is
non-soil - wouldn't it 'e more understandable if it said the subsoil is non-soil
since the agrricultural definition for substratum is subsoil....and it Pays the
non-soil is saturated with water or covered by shallow water at sometime during
the growing of each year....does this mean one day during a heavy rain - one week -
one month or what. Also it says within 24" of surface - does this mean if it
rains continually for a month and your lawn is wet within 24" of the surface all
the time does that mean you have a Wetland. Also what 16 the size of the area
you are talking about - a 2 x 2 puddle witn clay underneath put there by man so
the water won't drain - a 25 x 100 tax lot - an acre or what. The way I interpret
it it leaves too many loopholes. I'll be sending a copy to our hydrologist to
see what he thinks of the definition a21a I trust it wili be clearer to him than
it is to me.
I would appreciate hearing the different interpretations of the definition of
Wetland as being submitted to you tonight by the members of the Council.
The Corps of Engineers definition reds:
"Those areas that are inundated or saturated by surface or ground water with a
frequency and duration to support, ana, under normal circumstances, do support
a prevalence of vegetation typicrlly adapted for life in saturated soils con-
ditions. Such as swamps, marshes, bogs and similar areas."
HOW SIKPt: will consider this definition for your
definition of WETLAND .
Please make this part of the City of Tigard record
C11Y OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: October 8, 1984 AGENDA ITEM #:
DATE SUBMITTED: October 3, 1984 PREVIOUS ACTION: PLANNING COMMISSION
ISSUE/AGENDA TITLE: CPA 23--84 ACTION — OCTOBER 2, 1984
suasroIZED HOUSING PREPARED BY:
REQUESTED BY:
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
INFORMATION SUMMARY
The attached memo presented to the Planning Commission outlines a problem
which we have with our subsidized housing dispersal policy, 6. 1 . 2 and our
acknowledgment process . Action must be taken on the policy prior to our
hearing before LCDC on October 11, 1984.
Five options are presented ranging from retention of policy 6 . 1 .2 to deletion
from the Code. Staff and the Planning Coiwtission are recommending deletion of
the policy entirely. The Commission by a vote. of 6 - 2 vote to recommend
option 4. The two dissenting votes favored option #3 which would bring the
policy into conformance with that of Salem.
Deletion of the policy would remove the remaining hurdle between the City and
acknowledgment. Deletion would leave the city without a policy dealing with
single family subsidized housing development, a situation which would not
differ from the surrounding communities .
A copy of the Planning Commission packet, including agency comments, is
attached as well as a copy of policy 6. 1 .2.
ALTERNATIVES CONSIDERED
1. Keep the revised policy as adopted by the City,
2. Keep the revised policy and perform an analysis of cost.
3. Revise the policy changing the limitation on number of units allowed per
two or three.
4. Delete Policy 6,1 .2.
5. Delete Policy 6.1 .2 and replace it with a policy that commits the City
and the Washington County Housing Authority to develop guidelines to be
used for locating single family subsidized housing units in Tigard.
SUGGESTED ACTION
The Planning Director and Planning Commission recommend that Policy 6.1.2 be
deleted from the Comprehensive Plan.
(WM:bs/0689P)
Planning Commission
October 2, 1984
Agenda Item _5_6_
CPA 23-84
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Planning Commission September 27, 1984
FROM: Planning Staff �15:NSI —\
SUBJECT: Subsidized Housing Policy
On April 26, 1984, the Land Conservation and Development Commission voted to
continue acknowledgment of Tigard' s Comprehensive Plan to July 1, 1984. The
City submitted responses to the continuance order on June 28, 1984. Then on
August 13, 1984, the City submiLLed additional information to LCDC. Following
our submittal, on August 24, 1984, LCDC issued a memorandum asking for
comments to the newest submittal. The Commission received four letters of
objection to the City' s new subsidized housing policy. The letters are from
Oregon Legal Services Corporation, 1000 Friends of Oregon, attorneys for the
Washington County Housing Authority and the State Housing Division. Copies
are attached.
The In Order to comply for the subsidized housing policy reads:
"Delete Policy 6. 1 .2 dealing with dispersal of subsidized housing, or,
provide an analysis in the plan why this policy will riot unnecessarily add
to the cost of needed assisted housing and more clearly define Lhe term
"subsidized housing" "
It is the City's position that the In Order to Comply Statement has been met.
Policy 6.1.2 was deleted and replaced with new policy 6. 1. 2 and locational
criteria. In addition, the term "subsidized housing" was clarified. The new
policy 6. 1.2 was modeled after a subsidized housing policy included by
reference in the City of Salem' s acknowledged Comprehensive Plan. The City of
Tigard's policy is less restrictive in that there are fewer locational
criteria incorporated into the policy. However, the City of Tigard's policy
is more restrictive than Salem' s in that Tigard's subsidized housing policy
allows no more that two subsidized housing units together. Salem's policy
allows a maximum of three subsidized housing units together.
The LCDC staff has indicated to the City' s Planning Staff that they will
recommend another continuance for acknowledgment of Tigard's Plan requiring
the City to delete policies 6.1 .2 and 12. 1 . 1 or provide an analysis in the
plan why these policies will •-iot unnecessarily add to the cost of needed
assisted housing. If the subsidized housing policies are deleted by the City,
the LCDC Staff will recommend delayed signing.
OPTIONS:
1. Keep the revised policy as adopted by the City and argue that if Salem did
not have to provide an analysis as to how these policies will not
unnecessarily add to the cost of needed assisted housing, the City of
Tigard should not be required to provide one.
ADVANTAGES:
No additional staff time required.
DISADVANTAGES:
The Salem policy was reviewed prior to changes in the OAR relative
to this issue and an analysis may not have been required at that
time.
The four agencies which have objected would still object and ask
LCDC to delay acknowledgment.
LCDC staff would recommend a continuance of acknowledgment until the
policies were deleted or the analysis was completed.
The Salem housing dispersal policy was supported by the local
housing authority. Ours is not.
If the Land Conservation and Development Commission did acknowledge
the plan with the policy intact, one of the four objections would
appeal to the courts. That would cost the City in legal fees and
time.
2. keep the revised policy as adopted and do the analysis required in the
original comply statement.
ADVANTAGES:
If the analysis shows that the policies do not unnecessarily add to
the cost of needed assisted housing, the objections to the policy
would probably not be sustained by LCDC staff.
DISADVANTAGES:
Determining the methodology to do the analysis could be difficult
and may not show that the policies do not add to the cost of needed
assisted housing. It will be difficult to prove that the Housing
Authority can acquire and develop housing sites to accommodate only
two adjoining lots at a cost which is no greater than acquiring and
developing lots to accommodate larger development.
3. Revise the policy changing the limitation on the number of units allowed
contiguous to one another from 2 to 3.
l
f
{
t
Subsidized Housing Policy Memo
September 27, 1984
Page 3
ADVANTAGES:
This would conform to Salem's policy. The City could then use a
fair treatment argument at the LCDC Hearing.
If the City changed the policy, performed the cost analysis, and the
completed analysis showed that the cost of assisted housing would
not be adversely affected, LCDC staff could not reasonably sustain
the objections.
DISADVANTAGES:
LCDC may contend that the OAR now in effect regarding assisted
housing did not apply at the time of Salem's acknowledgment.
The Washington County Housing Authority does not support the policy.
The cost analysis may show that the policy would add to the cost of
assisted housing.
If the City changed the policy and chose not to do the cost
analysis, LCDC staff would recommend a continuance until the City
complied.
4. Delete the policy.
ADVANTAGES:
The LCDC staff would recommend -acknowledgment with a delayed signing
until Washington County adopts designations for the unincorporated
areas within the City's planning area. Washington County' s action
would be the only remaining issue.
DISADVANTAGES:
The City would not have policies or guidelines for the location of
subsidized single family units in the community, however, in the
coming year the Housing Authority expects to only build 25 units;
perhaps two would be allocated in Tigard.
5. Delete the existing policy and replace it with a policy that commits the
City and the Washington County Housing Authority to develop guidelines to
be used for locating subsidized housing units in the City of Tigard.
ADVANTAGES:
The city and the Housing Authority could come up with mutually
agreeable guidelines for the location of subsidized housing units.
LCDC staff may not sustain the objections and the objectors may
withdraw their comments if the City and Housing Authority agree on
locational guidelines.
Subsidized Housing Policy Memo
September 27, 1984
Page 4
DISADVANTAGES:
The City and Housing Authority may not be able to agree on
guidelines. An impartial party, selerted in advance by the City and
Authority, may be needed to resolve differences which may arise.
RECOMMENDED ACTION:
The Commission should review the alternatives and select one to propose to the
Council.
(EAN:pm/0653P)
I OREGON LEGAL SERVICES CORPORATION
HILLSBORO REGIONAL OFFICE
230 NORTHEAST SECOND.SUITE A
HILLSBORO.OREGON 97124
(503)648-7163
September 14 , 1984
Ms. Elizabeth Newton
City of Tigard Planning Department
P.O. Box 23397
Tigard, Oregon 97223
RE: Comprehensive Plan Acknowledgment
Dear Liz:
Enclosed is a copy of our most recent objections to
the proposed Plan.
Sincerely ,
Charlie Harris 99
Attorney at Law
CJH:mcs
cc: Department of Land Conservation and Development
o�� D
8a
SEP lg 19
10go
C�NNfNG DEp�'
P
i
OREGON LEGAL SERVICES CORPORATION
HILLSBORO REGIONAL OFFICE DEPARTMENT OF LAND
230 NORTHEAST SECOND.SUITE A CONSERVATION AND DEVELOPMENT
HILLSBORO,OREGON 97124
150316487163 SEF 12 1984
Sentember 11, 1984 SALEM
Mr. James Ross, Director
nenaitment of Land Conservation
and Development
1175 Court Street, DTA'
Salem, Oregon 97310-OSSO
RF: Objection to Tiaard Request for Acknowledgment of
Comprehensive Plan - 9ousinq Element
Dear Mr. Foss:
I am an attorney with Oreqon Legal Services; I am also
the chairperson of the Communitv Housinq Resource Board of Washington
County. Both of these organizations are interested in assuring
the availability of housina for low-income people in Washington
County. On behalf of these organizations and on behalf of our
I low income clientele, I strongly object to the City of Tigard' s
policies regarding subsidized housing.
In April I submitted objections to Tiqard' s original proposal,
which objections were upheld by the Commission. Tiqard' s current
proposal is no better, and in many ways worse than, the original
proposal. policies 6 . 1 . 2 and 12 . 1 . 1 (4) fail to meet Goal 10
and the Metropolitan Housinq Rule in the following respects:
( 1 ) The Finding on which the subsidized housing po
licy
is based is unsupported by any data in the Resource Document
Policy 6.1 (Housing Needs) includes the following Finding:
Undue concentrations of public assisted or sub-
sidized housing serves to isolate the recipient
of such housinq from the mainstream of the com-
munity, its full ranqe of basic services and the
diversity, of its neiqhborhoods. For this reason,
the City should take steps to disperse such housing
within individual neighborhoods and throughout the
City itself. (p. II-33)
There is no data in the Resource section or otherwise to
support this Finding. The only statement in the Resource document
relevant to this point actually indicates the opposite:
The various residential densities intend to provide
a variety of living environments while providing ,
for the housing needs of different family sizes
and needs. (p• I-154)
It appears from this statement that the concerns expressed in
the Finding are already addressed in a much less discriminatory
manner by the various residential densities.
The most that can be said for the Finding is that it is
basis in reality. In
an attempt to perpetuate a myth with no
fact, without any supporting facts, one car t -given be sure what
myth we are trying to perpetuate. what is the evil c:f "subsidized"
ith ?].S. HUD funds inherently more
housing? Is a house built w
Bancorp funds? If not the
evil than a house built with U. S .
house, then perhaps it ' s the occupant of the house. But all
we know about the occupants is that they qualify for subsidized
; presumably, then, they have either low or moderate
housing
incomes. One fact that is clear from the Resource volume is
that one third of Tigard' s population fits within the low/moderate
Do they feel "isolated from the mainstream
income category.
of the community?" Probably not, since they are the community.
What then, is the purl ose of limiting subsidized housing? Without
ossible to tell .
hout
any facts in the to support them, bothit athe pFind ng nd Polici es any factmust
be invalidated.
( 2 ) policies 6 . 1 . 2 and 12 1 1 (4) are arbitrary,
bearing
no rational relationship to the Finding supporting them _
rven if the Finding discussed above could be justified,
the Policies themselves are arbitrary, since then bear no rational
relationship to the Finding. For example, Policy 6.1 .1 incorporates
a requirement that all subsidized housing be located within
element school. Why does a senior citizen
one mile of an
have to live within a of a school, ;-merely because the dwelling
was built with government funds? Jiist as importantly,
hbw is
subsidized housing goinq to be dispersed "throughout the Cit .1y,
if it can only be built within a mile
etof a school and requirement within
a quarter mile of a bus route.
These alone
would prevent subsidized housing in large areas of the city,
especially in the outskirts where much of the undeveloped but
buildable land exists.
(3) The amended Policies violate Goal 10 and the Metropolitan
Housinq rule because they are neither clear nor objective.
Policy 12 . 1 . 1 ( 4) sets out several factors which will he
determinants for locating subsidized housing. These factors,
however, contain vague terms which are susceptible to wY!olly
arbitrary interpretation. For example, subparagraph (2) contains
a requirement that all sut�sidized units should ,if possible, "
be within 1/4 mile of a public transit route. Does this mean
1/4
that so ono as land is units cannot he built a elsewhere? this
sis thatl
le strip,
subsidized subsi statement
merely a guideline?
Subparagraph ( 3 ) encourages additional subsidized units of b
"in areas which exhibit a lower-than-ave age level this
and medium-to-law level of poverty. the intent
nt ofexathl
ess of the terminology
Phrase
is Proscribe by OAR660-07-015, 660-08-010 10 and ORS 197.307(5)•
what
The effect of these vague criteria is to deter construction
of subsidized housinq in any part of the city. It is virtually
impossible for a developer to anticipate how the city will interpret
these criteria in anv particular case. These Policies are not
the "clear and objective approval standards and special conditions
allowed by Oregon' s land use law.
While the dispersal Of subsidized housing may be an admirable
coal, the City' s lip-service to this goal is belied by its actual
deter subsidized housing tcrit
Policies, which only serve to e City is indicated by he erion
I think the real attitude of th
which states that not more than 30% of the units in a development
of at least 10 units can be su s1ized.housing i for the City
were of nits
interested in providing
residents who would qualify for subsidized housing, it could
rephrase this criteron to say that at least 30% of the units
in a development of 10 units or more sha be subsidized.
The Implementation Strategies on pp. II-34-35 contain goo6.
j adequate supply of and dispersal of
ideas to assure both the
t low and moderate income housinq throuqhout the City. Strategy
$6 could be expanded to apply to all lower income housing, not
just housinq for seniors and
handic Aped. But hich defeato is purpose
and 12 .1 .1(4) are arbitrary Policies
of Goal 10. The Tigard Cor.►preYiensive Plan should not be acknowledged
so long as these Policies (or any subsequent Policies of their
ilk) are contained within the Plan. +"
'^hank you for the Opportunity to make these objections
to the Plan. Please notify me of the exact time, date and place
of the LCDC Acknowledgment hearing.
Sxr.cerely, <
Charlie Harris
Attorney at Law
CJH:mcs
CC! Jean Fogarty
Dayton Page
I
y,.�.r!7'.f":'..r... -'i.w�.r�1]�._w.r.k".,.M-h...ii.....•i�..ri�..l. --• .J•..Sf1Y4..�fi.::.:�L+...�Jlr�liwR'a T Oa.r'—la.:fes."�4w...L'ai T .Y_�fiW 'i...Y.1ria:aiil�'�a._
September 10, 1984
Mike Byers, Lead Reviewer
Dept . of Land Conservation
and Development
1175 Court Street NE
Salem, OR 97310
RE: City of Tigard Acknowledgment Request--Objection
Dear Mr. Byers:
1000 Friends of Oregon has reviewed for compliance with
Goal 10 the materials submitted by the City of Tigard in res-
ponse to the April 1984 Continuance Order. Wc are impressed
with the organized and systematic manner in which the City
has responded to each order to comply. We are particularly
pleased that the City has taken steps to comply with the Me-
tropolitan Housing Rule requirement of providing opportunity
for housing to be built at a density of 10 dwellings units
per net acres .
Unf^rtunately, the package of amendments currently under
review fails to address the effect of the City' s density tran-
sition standards on overall density. Because of this and other
deficiencies, 1000 Friends of Oregon objects to acknowledg-
ment of the Tigard Comprehensive Plan and implementing ordi-
nances .
We have previously participatcC in the City of Tigar_d's
acknowledgment proceedings , as evidenced by letters dated Feb-
ruary 24 , 1934 , February 19, 1981, October 10, 1980, and Au-
gust 8, 1978. We will be happy to cooperate with the City
in formulating amendments which bring the Plan into full com-
plinace with the Housing Goal .
Goal 10 , housing
1 . Density Transition Policy
( As was pointed out in 1000 Friends ' previous letter of
objection, and those of several other objectors, the City' s
Density Transition standard (section 18. 40.040 of the Code)
has the potential of limiting actual permit-ted density to a �
r
OMNI I)I.KUK4 1101I.D111R. SI`I J.WA*I IIID AVVN11i V011-1I.AND.Oft F(A N 97204 (s4)3)221-4396
` Mike Byers
September 10, 1984
Page Two
level below the 10 units per acre required according to the
Metro Housing Rule . This concern was shared by LCDC, result-
ing in two different orders to comply.
Order No. 4 , which deals with overall density, states:
"Calculations of overall density shall include consideration
of density reductions due to transition from established to
developing areas . " The City has not addressed this part of
the order in its response (Exhibit H) .
An assessment of the effect of these density reduction
standards is essential, because overall permitted density is
cxactly 10 units per acre , with no surplus capacity whatso -
ever. Therefore, the density reduction standards inevitab-
ly bring the City' s overall permitted density down to a level
below the required 10 units per net acres.
In order to evaluate the overall effect of the density
reduction standard it is essential to also consider the im-
pact of the reclassification of "established" and "developed"
areas . According to the Development Code, Section 18. 138.
O10.B, land which is currently classified as "developing"will
at some point be reclassified as "established. " The effect
( of that reclassification is to further reduce permitted den-
sity, because additional land area will be subject to the den-
sity reduction standard. This issue is addressed in the order-
to-comply number 7, which requires the City to either delete
the whole reclassification process or to adopt language to
indicate that it "will. not have the impact of reducing the
residential density below the required 10 units per acre av-
erage . "
Here again, the City has not taken any steps to meet this
requirement . Exhibit K (ordinance 84-32 ) does not address
the issue of reclassification .
The City of 'Tigard should either delete the process of
density reduction duo to transition from established to de-
veloping areas , or assess its impact on overall density and
compensate for the loss of density elsewhere .
2 . Subsidized Housing
The City of Tigard has revised its subsidized housing
dispersal policy in response to the order-to-comply number. 5.
As amended, the factors to determine the location of subsi-
dized housing are:
Mike Byers
September 10, 19£34
Page Three
( 1 ) All units should, i.f possible, be with-
in 1/4 mile of a route of public transit .
(2 ) Additional subsidized units should be
encouraged in areas which exhibit a lower-
than-average level of subsidy and medium-
to-low level of poverty.
( 3 ) No more than 30 percent of the units
in a development of 10 units or more shall
be subsidized.
(4 ) No more than two subsidized housing units
shall adjoin.
In addition, the definition of "subsidized housing" has been
amended to clarify the City' s intent of excluding owner-oc-
cupied homes financed by, for example , State G. I . loans .
However, the City has failed to provide an analysis in
the plan why this policy will not unnecessarily add to the
cost of needed assisted housing, " as required by the Commis-
s=ion ire its order to comply. For instance, no analysis has
been conducted to asness what proportion of SF buildable lands
in Tigard lies within 1/4 mile of a route of public transit .
Considering there are only four bus lines serving the City
of Tigard, which rein mostly along major transit roads gener-
ally bordered by nigher-.tensity residential or commercial zones ,
this requirement • could severely limit the availability of
land for subsidized housing in single-family zones . Likewise,
no information has been provided to identify which areas are
considered to "exhibit a lower-than-average level of subsidy
and medium-to-low level of poverty, " and whether these areas
coincide with land which is within a quarter mile of a route
of public transit . Admittedly, th^se first two standards are
phrased so as to not be mandatory, but they could be used by
opponents of subsidized housing to discourage such housing
forms .
The third and fourth requirements particularly affect
certain (quasi )public agencies whose main purpose it is to
provide subsidized housing. Because of these requirements ,
they cannot make use of the cost advantages resulting from
buying a large parcel, subdividing it , and building several
units as part of one project.
The City of Tigard has failed to consider how these stan-
dards might add to the cost of subsidized housing, and has
{ not provided any reasons which might justify such standards
f
Mike Dyers
September 10, 1984
Page Four
in spite of their cost-increasing effect . Considering that
28% of Tigard households may need housing assistance, the City
must assure that adequate opportunity exists for the appro-
priate agencies to provide such assistance .
Surn_nar� ,
In summary, the City of 'Tigard has adopted plan and or-
dinance amendments which in most instances satisfy the Com-
mission's orders-to-comply and therefore bring the plan into
compliance with Goal 10. Unfortunately, the City has failed
to consider the impacts of its density transition requirements
on overall density, and has amended its subsidized housing
dispersal policy without analyzing how the new standards af-
fect costs and land availability for subsidized housing. For
these reasons , 1000 Friends of Oregon must object to acknow-
ledgment of the Tigard Comprehensive Plan.
We appreciate this opportunity to comment .
Yours sincerely,
Lidwien de Kroon-Rahman
Land Use Planner
LdKR:yc
CC: City of Tigard
Mary Holley, Housing Division
Charles Hales, Homebuilders Association
DEPARTMENT OF LAND
• CONSERVATION AND DEVELOPMENT
,
P 428 963 62 SEP 12 1984
ROWNSTEIN. RASK. SWEENEY, KERR S GRIM
• ATTORNEYS AT LAW
1200 S.W MAIN BUILDING SALEM
PORTLAND. OREGON 97205 r. D T.HANNA
,� n w.•.LS[M SON TELEPHONE(5031221-17'72 GEORGE O CURTIS'
RICM.RD ,S.oW.STE.N "'CNAEL R.SANDO--
R 1.00 D M.R.S• JE—E+ V.-ILL
MALES S-EENE+ JEAN rCGARTT
.NDRCw R..ERR w.RK S wE..T 16
DOUGL.S R.GR11.
MIT..IENSEN
D.,/10 1.SwEENE+ September 11, 1984 •GRID ow g+.TE.No
w.a.a wG+ON S-1.B...
CERTIFIED MAIL,
RETURN RECEIPT REQUESTED
Department of Land Conservation
and Development
1175 Court Street N.E.
Salem, Oregon 97310
Re: Housing Authority of Washington County -
City of Tigard's Comprehensive Land Use Plan
Dear Mr. Ross and Fellow Commissioners:
As you are aware, the undersigned are attorneys for
the Housing Authority of Washington County, an affected agency
with respect to the granting of an acknowledgment of compliance
to the City of Tigard. On behalf of the sousing Authority of
Washington County (hereinafter the "Housing Authority") , we ob-
ject to the granting of an acknowledgment of compliance to the
City of Tigard and are submitting the following to you pursuant
to OAR 660-03-020.
On April 26, 1984, the Commission reviewed the City Of
Tigard's acknowledgment request for compliance with the statewide
planning goals. The Commission found that the City of Tigard's
comprehensive plan and land use regulations did not yet comply
with statewide planning Goal 10. Particularly, the Commission
sustained the objections of the Housing Authority, Oregon Legal
Services, and 1000 Friends of Oregon to Policy 6.1.2. The Com-
mission stated:
"Tigard's housing background material does
indicate that approximately 1,900 households,
or about one-third of its existing households,
have income levels at or below the moderate
income level for Tigard, and these groups may
need some housing assistance (Resource Docu-
ment; page 167) . However, Policy 6.1.2 as it
is written does not encourage needed assisted w_1
housing, nor is there sufficient information ,
in the plan to justify this policy or to show
��1��
Department of Land Conservation
( and Development
September 11, 1984
Page 2
that this policy will not necessarily add to
the cost of needed housing."
• By its continuance order of April 26, 1984 , the Commis-
sion found that in order for the City of Tigard to comply
ith
the statewide comprehensive Goal 10 it must:
"Delete Policy 6 .1.2 dealing with dispersal
of subsidized housing, or , provide an analysis
in the Plan why this policy will not unneces-
sarily add to the cost of needed housing and
more clearly define the term 'subsidized hous-
ing' ,"
The City o .gard's response to the Commission's order
has been the following. It has deleted the following language:
'Subsidized housing units shall conform to
all applicable development standards. To
prevent the ge graphical concentration of
public housing and ensure a balance in the
t distribution of such housing, the minimum
distance between subsidized housing units
located within any single family zoning
district shall be five times the minimum lot
on any street in the development.
It has added the following language:
"To avoid concentration of subsidized housing
in single family zoned districts, the loca-
tional criteria in Section 4 of Policy 12.1.1
shall be applied when siting subsidized hous-
ing projects in single family zoning districts."
Section 4 of Policy 12.1.2 provides:
04. Subsidized Housing in Single Family Zon-
ing Districts.
" (A) The following factors will be the
determinants for locating subsidized housing,
as defined in Policy 6.1.2, in single family
zoning districts:
" (1) All units should be located within
i one mile of an elementary school.
Department of Land Conservation
and Development
September 11, 1984
Page 3
" (2) All units should, if possible, be
within 1/4 mile of a route of public transit.
" (3) Additional subsidized units should
be encouraged in areas which exhibit a lower-
than-average level of subsidy and medium-to-
low level of poverty.
" (4) No more than 30 percent of the units
in a development of 10 units or more shall be
subsidized.
" (5) No more than two subsidized housing
units shall adjoin."
The City of Tigard also expanded its definition of
subsidized housing to include that owned and maintained by a
"nonprofit, quasi-public" agency.
The Housing Authority objects to Policy 6.1.2 as re-
written, and Section 4 to Policy 12. 1.1, as violative of state-
wide planning Goal 10. The Housing Authority reiterates its
objections as stated in its February 21, 1984, letter to the
Department of Land Conservation and Development and makes the
following specific objections:
Policy 6.1. 2 and 12.1. 1(4) are more offensive to Goal
10 than their predecessors. Goal 10 requires that planning juris-
dictions must provide their "fair share" of low and moderate
cost housing in response to the needs of the relevant area. The
City of Tigard has documented a need for housing assistance in
approximately 1,900 of its households, or about one-third of its
population. Rather than responding to this documented need, the
City of Tigard has chosen to artificially and unnecessarily
restrict subsidized housing and concentrate the location of such
housing to areas located approximately 3-1/2 blocks away from
bus routes and within one mile of elementary schools. It further
seeks to restrict subsidized housing into areas where there is a
lower than average concentration of medium to low levels of
poverty. Nowhere in its plan does the City of Tigard demonstrate
that there is any buildable land that meets criteria, nor does
the City provide any objective basis for its limitations as set
forth in Policy 12.1.1(4) . For example, why should subsidized
housing constructed for the elderly be restricted to one mile
from an elementary school?
( In its April 26, 1984, order the Commission stated
that the City of Tigard must delete Policy 6.1.2 or "provide an
s
Department of Land Conservation
and Development
September 11, 1984
Page 4
analysis in the plan why this policy will not unnecessarily add
to the cost of needed housing. The City has failed to delete
6.1.2, but has not provided the explanation required by the Com-
mission. Clearly, the criteria contained in Policy 12.1.1(4)
using to 308 of the units in a de-
that restricts subsidized ho
velopment and further requires that no more than two subsidized
housing units may adjoin unnecessarily increases the cost of
needed housing and are therefore violative of Goal 10.
In addition to its lack of rational foundation, Policy
12.1.1 (4) is internally inconsistent with Policy 6 .1.2. Policy
6.1.2 states that the locational criteria in Section 4 of Policy
12.1.1 seeks to "avoid concentrations of subsidized housing in
single family zoned districts." In fact, Section 4 of Policy
12.1.1 results in just the opposite. Assuming that there is
buildable land within the City of Tigard that meets the numerous
and restricted criteria established in Policy 12.1.1, all sub-
sidized housing, as defined in Policy 6.1.2, would be located
therein. The effe^t of Policy 12.1.1 (4) therefore contradicts
6
its stated policy objective as provided in Policy , Such
internal inconsistencies support the Rousing Authority s Po
sition
that Policy 12.1.1(4) , like its predecessor in Policy 6.1.2, is
a thinly veiled effort by the City of Tigard to avoid its respon-
sibilities to low income persons as stated in statewide planning
Goal 10.
By its order of April 26, 1984, the Commission also
instructed the City of Tigard to more clearly define the term
"subsidized housing" . The City 's attempt to comply with this
order amounts to the deletion of housing owned and maintained by
private agencies and the inclusion of housing owned and maintained
by "nonprofit, quasi-public" agencies. This attempt at redefin-
ing "subsidized housing" does little to clarify the term. Fur-
thermore, it fails to address why such subsidized housing, as
opposed to other low income housing, must be restricted to these
locational criteria. It is apparent that the City of Tigard has
concluded that low income people who receive certainkinds of
publicly assisted housing, as opposed to other public
or preferential loan treatment, are undesirable. It is also
clear, from Policy 12.1.1 (4) '9 requirement that no more than 309
of the units in a development of ten units or more shall be sub-
sidized-and that no more than two subsidized housing units shall
Ithat the City has concluded that having low income people
living near one another is also undesirable.
Policy 6.1.2, as rewritten, and Policy 12.1.1(4) con-
tain restrictions that are violative of Goal 10 in that they
serve to restrict low income housing to a narrow location with-
Department of Land Conservation
and Development
September 11, 1984
Page 5
out any factual basis whatsoever. Said policies are internally
inconsistent and unnecessarily increase the cost of needed hous-
ing.
The Housing Authority wishes to be heard at the hearing
City of Tsent o the undersigned,andfurther
with respect to the gned, as well as
that notification thereof be sent to
to:
Mr . Dayton Page
Executive Director
Housing Authority of Washington County
P. O. Box 988
560 S.E. Third Avenue
Hillsboro, Oregon 97123
Respectffly s bmitted,
'` �
ANDS P. R
APK:jme
cc Dayton Page
I
C
Department of Commerce
HOUSING DIVISION
y�Tpw ATnEM SALEM. OREGON 97310-0161 PHONE (503) 378-4343
110 LABOR & INDUSTRIES BLDG..
Gpyr.nr.On
September 13, 1984
MR JAMES F ROSS, DIRECTOR
DEPARTMENT OF LAND CONSERVATION & DEVELOPMENT
1175 COURT STREET NE
SALEhI OR 97310
ATTENTION: MIKE BYERS, LEAD REVIEWER
i
Dear Mr. Ross: plan materials
Housing Division has reviewed
The the TheHousied ng
g Division filed a written k
submitted by Tigard for acknowledgment. gproceedingsin February, ;
objection to the plan during the first acknowled mate als, we
ound that the
toward meeting the compliance issues set
1984. Based on our review of the resubmitted materials,
City has made substantial progress ort. a eo However, our review also re revealed
main
two significant in the April 4, 1984 Director's Rep
thGoal 10 compliance issues lanat this time for Wthere-
two
reasons
fore object to acknowledgment of the p
detailed below.
and Ordinance
1. Residential Densit Transition Policy and to include in its
Goal 10 in order to comply statement4 directed Tig
nsity reductions due to transi-
density calculations a consideration areas. In order to comply state-
to either delete Implementation o its tion #7 similarly
i l arty state-
established"
red the City g
meat #7 s .milarly or assess the impact of the implementing peracre density
density transition policy
nance on the City's ability to meet the ten units per
requirement. implementingy and
provides for
Tigard has chosen to rets ordinance has been samendeition doftesti l proshed" and
ordinance. Although the
"es
" "The density transition still ��will not exceed 125
a density reduction in transitional buffer zones between (Tigard Community
"developing areas: established area dens y
percent of the abutting ded by Ordinance No. 84-32)
Development Code S18.40.040(A), as amen
Tigard has not addressed the impact
to mepact of density et a density of ten units
9 reductions due to these
transitional buffer zones on 1t
l per acre.
AN EQUAL OPPORTUNITY EMPLOYER
James F. Ross, Director
September 13, 1984
Page 2
It is important to note that the density transition policy and ordinance
not only apply to existing "established" and "developing" areas, but also
to future designated "established" areas. Land that is currently vacant
or "developing" may soon be built upon and thus designated as an
"establ i shed" area.
The on-going impact of the density transition policy must be assessed and
compensated for in Ti gard's density calculations.
2. Subsidized Housing Dispersal Policy
Goal 10 in order to comply statement #5 required Tigard to either delete
its dispersal policy for subsidized housing or explain why the policy did
not unnecessarily add to the cost of needed assisted housing.
In response, Tigard has chosen to retain and amend its dispersal policy.
The amended policy sets out four locational criteria for siting subsidized
housing in single-family zones:
a) All units should, if possible, be within 1/4 mile of a route of public
4. insi t.
b) Additional subsidized units should be encouraged in areas which exhi-
bit a lower-than-average level of subsidy and medium-to-low level of
poverty.
c) No more than 30 percent of the units in a development of 10 units or
more shall be subsidized.
d) No more than two subsidized housing units shall adjoin.
The Housing Division believes that these criteria are vague and discre-
tionary and may have the effect of adding unneccessarily to the cost of
needed housing in Tigard.
For example, the plan does not include an inventory of vacant land zoned
for single-family housing that is located within 1/4 mile of a public
transit route. Tigard has limited public transit service and there may be
little, if any, suitable vacant land that meets this criterion. Likewise,
the plan contains no discussion of areas that exhibit a low level of
subsidy or of poverty, or even how those levels might be measured.
The last two criteria, that prohibit adjoining subsidized housing units
and limit subsidized housing to 30 percent of all units in a development
of 10 units or more, are vague and may prevent- developers from taking
advantage of economies of scale. There are considerable cost savings in
developing more than one housing unit at a time in the same proximity.
C
James F. Ross, Director
September 13, 1984
i
Page 3
Finally, and perhaps most importantly, the City has not addressed why the
four criteria are necessary at all . As we stated in our February 24, 1984
letter of objection, the recipients of State and Federal single-family
subsidy programs are typically indistinguishable from their neighbors.
The dispersal policy places an unwarranted burden on both the eligible
households and the agencies administering the subsidy programs.
3. Conclusion
In conclusion, the Housing Division objects to acknowledgment of the
Tigard comprehensive plan and implementing ordinances at this time. We
would be pleased to work with the City in finding amenable solutions to
the compliance issues we have raised.
i
Please contact this office if you have questions or require further
information.
i
Sincerely,
MaryE. Hol l e
Senior Housing Pla r
MEN:swd
(PLN)CMH-101
cc: William Monahan, Tigard`,
Jim Sitzman, DLCD
l
CITY OF TIGARD, OREGON
ORDINANCE NO. 84-3'9_
AN ORDINANCE AMENDING POLICY 6.1.2, SUBSIDIZED HOUSING DISPERSAL IN SINGLE
FAMILY ZONES, AND POLICY 12.1.1, RESIDENTIAL LOCATIONAL CRITERIA, AND
DECLARING AN EMERGENCY. (CPA 14-84)
WHEREAS, the City of Tigard adopted -4 Comprehensive Plan for the City by
Ordinance 83-52 on November 9, 1983; and
WHEREAS, Volume 2 - Findings, Policies and Implementation Strategies was
adopted as part of the Comprehensive Plan; and
WHEREAS, the Comprehensive Plan was submitted to the Land Conservation and
Development Commission (LCDC) on November 180 1983; and
WHEREAS, the Land Conservation and Development Commission held an
acknowledgement hearing on Tigard's Comprehensive Plan on April 26, 1984; and
WHEREAS, at the April 26, 1984, LCDC Hearing, the Commission voted to continue
acknowledgement on Goal #5 with In Order to Comply Statements; and
WHEREAS, Policy 6.1.2 was amended by Ordinance No. 84-29 on May 14, 1984; and
WHEREAS, a public hearing was held before the Planning Commission on June 12,
1984 to consider the In Order to Comply Statements and a recommendation was
made to the City Council; and
WHEREAS, a public hearing was held before the City Council on June 25, 1984,
for Council consideration of the Planning Commission's recommendations.
NOW, THEREFORE, THE CITY OF TIGARD ORDALNS AS FOLLOWS:
Section 1: Policy 6.1.2 shall be amended as set forth below. Language to
be added is underlined. Language to be deleted is in
[brackets].
"6.1.2 [SUBSIDIZED HOUSING UNITS SHALL CONFORM TO ALL APPLICABLE
DEVELOPMENT STANDARDS. TO PREVENT THE GEOGRAPHIC
CONCENTRATION OF PUBLIC HOUSING AND INSURE A BALANCE IN THE
DISTRIBUTION OF SUCH HOUSING, THE MINIMUM DISTANCE BETWEEN
SUBSIDIZED HOUSING UNITS LOCATED WITHIN ANY SINGLE FAMILY
ZONING DISTRICT SHALL BE FIVE TIME THE MINIMUM IAT WIDTH ON
ANY STREET IN THE DEVELOPMENT. ] TO AVOID CONCENTRATIONS OF
SUBSIDIZED HOUSING IN SINGLE FAMILY ZONED DISTRICTS, THE
LOCATIONAL CRITERIA IN SECTION 4. OF POLICY 12.1.1 SHALL BE
APPLIED WHEN SITING SUBSIDIZED HOUSING PROJECTS IN SINGLE
FAMILY ZONING DISTRICTS. FOR PURPOSES OF THIS POLICY, THE
TERM "SUBSIDIZED HOUSING ' SHALL MEAN ANY HOUSING DEVELOPED OR
CONSTRUCTED WITH FINANCIAL ASSISTANCE OF THE U.S. DEPARTMENT
OF HOUSING AND [OR] URBAN DEVELOPMENT AND THE STATE OF OREGON
OWNED AND MAINTAINED BY A NON-PROFIT, QUASI-PUBLIC [PRIVATE]
OR GOVERNMENT AGENCY."
ORDINANCE NO. 84-3;3' Page 1
f
S
Section 2: Policy 12.1.1 shall be amended to add a Section 4. as set
j forth below. Language to be added is underlined.
"4. Subsidized Housin in Single Family Zoning Districts
"A. The following factors will be the determinants for
Locating subsidized housing, as defined in Policy
6.1.2, insingle family zoning districts.
"(1) All units should if possible, be within 1/4 mile of a
route of public transit.
"(2) Additional subsidized units should be encouraged in
areas which exhibit a lower-than-average level of
subsidy and medium-to-low level of poverty.
"(3) No more than 30 percent of the units in a development
of 10 units or more shall be subsidized. f
"(4) No more than two subsidized housing_ units shall
adjoin." j
Section 3: In order that the Community Development Code may comply with
LCDC regulations, to improve the operation and implementation
of the Code and to protect the public health, safety and i
welfare, an emergency is hereby declared to exist and this
ordinance shall become effective upon its passage by the
Council and approved by the Mayor.
}
PASSED By / U�' •� vote of all Council members present after
• being read umb r and title only this79-Lday of �T• 1984.
by n
Deputy Recorder - Ci of Tigard
�
APPROVED: This y - day of 1984.
�,, a of -/City of Tigard
(0476P)
i
ORDINANCE NO. 84-__L= Page 2
-
r
,t'� vo <
AL
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: October 8, 1984 AGENDA ITEM #: / ( 7
DATE SUBMITTED: October 4, 1984 PREVIOUS ACTION: None
ISSUE/AGENDA TITLE: ESEE Document-
Historic District Designations — PREPARED BY:
REQUESTED BY: _Recommendation of P.C.
DEPARTMENT HEAD OK: L/�� CITY ADMINISTRATOR:
INFORMATION SUMMARY
One of the In Order to Comply Statements in the most recent L.CDC
Acknowledgement staff report deals with the resolution of the designation of
the Historic District Overlay on sites identified in the ESEE document as
significant. At their October 3, 1984, meeting, the Tigard Planning
Commission voted unanimously (5-0) not to assign the Historic District Overlay
to the five sites identified. Those sites are: the Upshaw House, the Tigan!
f Grange, Tigard Feed and Seed, the Tigard Street House and Windmill. and the Joy
l Theatre. In addition, the Planning Commission voted unanimously to recommend
to City Council that the ESEE Document be amended to reflect the Council's
policy that the Historic District Overlay will not be assigned without support
of the property owner. Proposed language for changes to the ESEE Document is
attached for your review and consideration.
ALTERNATIVES CONSIDERED
1. Adopt the attached language as recommended by the Planning Commission.
2. Recommend that the Historic District Overlay be assigned to the sites.
SUGGESTED ACTION
The City Council should adopt the proposed language as recommended by the
Planning Commission.
C (0689P)
A. Significant Outstanding or Needed
The resources listed in this inventory are determined to be significant,
outstanding and needed related to the overall development of Tigard as a
diverse community. It is the determination of the City through this Goal
#5 process that these resources are of great value to the community and
should be preserved, or preserved to some degree. The City Council wants s
to encourage the Historic District Overlay designation on historic sites.
For that reason several sited in the City's Planning Area have been
identified and the Washington County Museum has conducted cultural
inventories for each site Due to the limitations placed on the property
owner by the Historic District Overlay,...._however, the Council has an
informal policy with the support of the property owner.
i
C
TIGARD FEED AND SEED
ltural Resource Inventory on
The Washington County Museum has completed a Cu
Tigard Feed and Seed. The store is not determined to be historically
is significant to the City of Tigard in its association with
significant but
the variety of colorful owners since it' s construction in 1924. The store is
Main Street that has not been significally
the only wood frame building on
altered.
The Comprehensive Plan designated the site as Central Business District (CBD)
with the same underlying zoning district. In addition, this site falls within
the Tigard Urban Revitalization Area which is currently the subject of a
revitalization effort.
Even though the store is not considered historically significant, the owner
was contacted about assigning a Historic District Overlay to the site. The
owner, H.A. Johnson, was interested, however, Mr . Johnson owns only the
building. The land is owned by Southern Pacific. The Land Development
Manager at southern Pacific indicated that Southern Pacific usually resists
assigning Historic Overlays to their property.
It is the City Council's policy not to place the Historic District Overlay
designation on a site without the support of the property owner. In addition,
since the site has not been determined to be historically hisf s to the
Historic District Overlay designation may not be appropriate
(0690P)
l
;f
TIGARD GRANGE
E The Washington County Museum has completed a Cultural Resource Inventory on
the Tigard Grange and has determined that the building is historically
significant in that it has been in use as a Grange Hall since it was
constructed in 1925. The building has kept its original integrity and is in
good condition.
t
The Comprehensive Plan designation for this resource site is
Commercial-General with an underlying zoning designation of C-G (General
Commercial). There does not seem to be a conflict concerning land use.
Church uses are not permitted in a C-G zoning district, therefore, it is
considered nonconforming. Its use or other subsequent commercial use,
however, may be appropriate, provided that the architectural character of the
structure remains.
In order to protect this resource, the City approached the Grange members
about assigning a Historic District Overlay to the site. The Grange members
have not held a meeting to consider the matter. It is the City Council's
policy not to place the Historic District Overlay designation on a site
without the support of the property owner. The members of the Tigard Grange
will consider the placing the Historic District Overlay on the property and
will be encouraged by the City to protect the resource by assigning the
designation to the site.
l t
(0690P)
TIGARD FARMHOUSE AND WINDMILL
The Washington County Museum has performed a Cultural Resource Inventory on
the Tigard Farmhouse associationaWinmill and
dthe Co gill family determined that ifor many t is a significant
it
resource, due to itwith a watertower still
is also one of the few bungalow farmhouses remaining
intact on the property. The house was constructed in the early 1900's.
The Comprehensive Plan designation for the resource ith an
Medium Density Residential (6-12 units per acre)
R-12 (Multiple Family). The land use
underlying zoning of
related to land
designation could be a potential problem family
values and the feasibility of keeping the higher
density
farmhouse and windmill structures among g misty
development. In 1982, the owner of the site partitioned
off the farmhouse and windmill from the remaining 10 acres;
thus somewhat on the
deterring extensive
dv toopment integrate the
resource. In addition, it is possiblet any
develo ent
fro osal. nd armhousea This windmill ouldbe architecture accomplished via the Planning
p P
Developmert (PD) process.
In order to protect this resource, the City approached the property owners,
Herb Burns and Donna Fleimmer, about assigning a Historic District Overlay to
The overs have indicated to the City that they are not
the property. Th proper at this time. It
interested in the Historic Overlay Districtlace r the Historic Overlay District
is the City Council's policy not to p
designation on a site without the support of the property owner.
(0687P)
i
i
f
UPSHAW HOUSE/SEVEN GABLES
completed a Cultural Resource Inventory on
Alt h this resource has been subject to
The Washington County Museum has comp
the Upshaw/House of Seven Gables. Al its'
g interit has not been compromised.
several alterations and remodelivell maintained and respected by the current
The home is in good condition, and has never been moved. The
owners. The residence was lerected
lescr s, although ound 9pit appears to have once been at
site is now approximately
least 13-15 acres.
sity
The Comprehensive Plan designates Zone designation the area for w ofR-10
Residential with an underlyingTherefore, there is not a
(Single Family Residential)• use and the land use
conflict between the existing
designation. To ensure that developmen8 on
resource
{
site is compatible with
District (1' ') will be placed on the site.
owners,
In order to protect this resource,
the City approached the property to the ,
Susan and Dennis Reed, about assigning a Historic District Overlay
property. The Reeds have indicated to the City that they are not interested
p property at this time.
in the Historic Overlay District for the p P y District
It is the City Council's policy not to place the Historic Overlay
the property owner. The Reeds
designation on a site without the support of `
have indicated a desire to protect the
e cher limit d byer of e then Historic ucture u District
E
want future owners of the property
designation. 1
E
a
t�
(0681P) t
JOY THEATRE
The Washington County Museum has performed a cultural resource inventory on
the Joy Theatre and determined that it is one of the few significant
architectural examples of Art Deco/Moderne Style Buildings in Tigard. Built
in 1939, it is the only indoor theatre in Tigard with a classical marquee.
Although the lobby of the theatre was remodeled after 1939, the remaining
portions of the structure are original and the theatre has never been used for
anything other than a theatre use.
The Tigard Comprehensive Plan designates the resource site
for Commercial-General with the same underlying zoning;
which allows theatres o•itright. Therefore, there would not
be any conflicting uses due to land use designations. In
addition, adjacent uses include commercial and office uses
which complement the theatre.
In order to protect this important landmark, the City approached the: property
owner, J. J. Taggart, about assigning a Historic District Overlay to the
property. Mr. Taggart has indicated to the City that he is not interested in
the Historic Overlay District for the property at this time.
It is the City Council's policy not to place the Historic Overlay designation
on a site without the support of the property owner. In addition, the Joy
Theatre is on a site with no off-street parking, and the abutting property
owners are concerned that the Historic District Overlay will constrain future
development in the area.
(0681P)
l
WASHINGTON COUNTY CULTURAL RESOURCE INVENTORY
CITY OF TIGARD
RESOURCE NO.: -----
PRESENT
-PRESENT OWNER: liertb Burns and 1h>nna 1'Icmuu'r
T 1S R 1W Sec. 34 _v. 'T
TAX LOT M: luU
ORIGINAL OWNER: ___--------- -
CONDITION: Good
—
ARCHITECTIBUILDER:
ca.191u
LOCATION: 10525 Tigard Street , Tigard CONSTRUCTION DATE:_
COMMON/HISTORIC NAME:
H. E. Cowgill Residence
USE: PRESENT
Residence THEME:Architectural: 20th Cent.
ORIGINAL
Residence b Farm TYPE: Building -
• ♦ ♦ • f f f • • ♦ f f f f f
i
Description of the resource and statement of historical significance:
(Continue on back if necessary)
ARCHITECTURAL DESCRIPTIONI
The Cowgill residence is sutuated on the rise of a hill, overlooking
alow style residence stands li stories
agricultural fields below. This bungt
high and is sided with weatherboard and raked shingles in the gable ends.
The medium picked gable roof has a noched barge board and decorative, exposed
An interior brick chimney with a corbelled cap crests
rafters and purlins.
the roofline. Windows are fixed on the first story north (rand)1/lc are
and othe south facade. Double
sash
Twelvewindows
paneocase/ments are seen in
located
d in the upper story gable ends.
the east and west dormer windows.
The gable covered front porch on the south facade remains as constructed
except for the porch posts which have been replaced with wrought iron
posts. The porch has decorative exposed rafters and purlins. Access to
an enclosed east side porch is gained through aluminum sliding doors. This
porch is two stories, and the second story is enclosed with a wrought iron
railing. This porch appears to be a later addition. The residence has
a concrete foundation and basement.
The Cowgill water tower is situated west of the residence. It is sided
with weather board on the first story, and wood shingle on the second story.
The liip roof covering the water tower has exposed rafters. The wheel
mechanism is still intact , However, the blades of the wheel are missing.
(Con't.)
Sources consulted:
cowill, Forest. 1984.
Fleml
er, Gertrude. Telephone Interview. Mahone Interview. y 1984.
Recorded by:
Demuth/McLaughlin _ Date: May 1984 —-
PRESENT OWNER'S ADDRESS
(If different from above):
-lid
No
44116
_ 'tee� �i •;' '� � i �' � .�'�'- � .�L�..
it •��. a /� 1• T :�.
tt Af �� � iT��� ii�lA.O -..•.� '.T� •_�.
(
i
WASHINGTON COUNTY CULTURAL RESOURCE INVENTORY
CITY OF 'rIGAKD
RESOURCE NO.:
252/807
PRESENT OWNER: �•J• r�`-r-t ----
T1-�--_ R ►i r_ Sec. 35'/4DD
ORIGINAL OWNER: J. J. Ta' ert
TAX LOT M: 2700
CONDITION: Good _
ARCHITECT/BUILDER __---
LOCATION:
11959 SW Pacific Hwy /199 Tigard CONSTRUCTION DATE:1939
COMMON/HISTORIC NAME: Joy Theatre
USE: PRESENT Theatre 6 Businesses
THEME: Art: Performing Arts
ORIGINAL Theatre
TYPE: Building
• • f • f • f • • f • f f • •
Description of the resource and statement of historical significance:
(Continue on back if necessary)
ARCHITECTURAL DESCRIPTION
The Joy Theater exhibits the combined use of Art Moderne and Art Deco
Styles popular in the 1930's. The building, constructed in 1939. has
the marquee. It is sided with been below the
a flat roof and a stepped parapet above
stucco and is 1 h stories high. Port colored tile is
large, fixed, storefront windows on either side of the recessed entryway.
The doors to these businesses have one light. The transoms, originally
of one light, have been replaced with plywood. Two sets of double wooden
hese doors are situated
doors with one light each open into the theater. T
on either side of the ticket booth.
on the east facade is constructed
of metal,
The marquee over the entrance nted. The neon sign "JOY",
which has been textured and pai
a stepped triangular stucco tower above the marquee.
A two story brick and stucco building is attached to the north and east
to
facades stepstleading fromrtheegroundelevelhtoatheeof secondestory. is
gained byy
CONTEXTUAL DESCRIPTION near the
The theater is set back only a few feet east of Highwayfr99,
intersection of the highway and S.W. Hall
Boulevard. The
tareasurrounding
the theater is commercial. A shopping
theater
d a tile stio is across Highway 99 to the east.
5OurceS consu tjd:
. Martin, Bob. Interview, March 7, 1984
. Payne, Mary. Telephone Interview. April 16, 1984
rii 1984
Recorded by: Demuth/ McLaughlin _ Date: A p
PRESENT OWNER'S ADDRESS Beaverton. OR 97005
(If different from above): 5010 Rocklynn Place+
t
r
HISTORICAL AND ARCHITECTURAL SIGNIFICANCE it is one of the few
Though the Joy Theater was built as late as 1939,
�.�. Taggert, the current
significant architectural ayxbu`iltyof an and ownedtbytco/Mod�rnc Style building 4
in Tigard. The theaterfter who's mother
owner. Mr. Taggert named the theatTheer ainter. r off the,theater has been
also owned a theater in Vernonia.[he building has been in use as a theater
remodeled since 1939, however,
since its construction. The exterior of the building remains in good
important landmark for the many travelers along Highway
4
condition and an
99 going through Tigard.
1
PP �ai
�f
WASHINGTON COUNTY CULTURAL RESOURCE INVENTORY
(;I TYOF TIGARL)
RESOURCE NO.: 253/89 _
PRESENT OWNER: H. A. Johnson_ _ T 2S R 1W_ Sec. � '�• AB_
ORIGINAL OWNER:Auuyust Schubring/W. Biederman TAX LOT M: 5400
ARCHITECT/BUILDER: CONDITION: Fair
LOCATION: 12355 Main Street, Tigard CONSTRUCTION DATE:1924
COMMON/HISTORIC NAME: Tigard Feed and Garden Store
Commercial: Business
USE: PRESENT Store THEME: & Industry
ORIGINAL Store TYPE: Building_
f f f • f • f f • • f f • • f
Description of the resource and statement of historical significance:
(Continue on back if necessary)
ARCHITECTUKAL DESCRIPTION:
The Tigard Feed and Garden Store was built in 1924 by August Schubring and
r operated by his partner Wilbur Biederman. The original building is rectangular
( in plan, one and one half stories high, and has a gable roof covered with
corrugated tin. A metal cupola projects from the gable ridge. There is
an interior metal flue on the NE gable slope. The building is clad with
tongue and groove siding, and finished with corner boards.
In 1941 two additions were built onto the store. A one story, low pitched gable
roof is attached to the rear elevation. On the west elevation there is one
story, ,flat roof attachment. Prior to the addition, there had been a drive
up ramp on this side- to facilitate customer pick ups.
A shed roof porch, supported by three square posts, stretches across
three quarters of the front facade. Side stairs lead to the two foot porch
Platform. One of the entries on this facade has hinged double doors, each
having three wood panels and a single light. Another door has four lights
and three panels. Track sliding doors are located on the east and west
elevations. Fixed windows of three and six lights are seen throughout the
building. The foundation is constructed of concrete piers and wood posts.
(Con't.)
Sources consulted:
Johnson, H. A. Interview, March 1984
. Moore, Mr. 6 Mrs. Robert. Interview, May 1984
. Root, Neva. Telephone Interview, May 15, 1984
. The Tigard Times, June 30, 1974 .
Recorded by: McLaughlin/Demuth Date: May 1984
PRESENT OWNERS ADDRESS
(If different from above):
CONTEXTURAL DESCRIPTION (CONT. ) „ff of I",a in Street , between
The feed and garden store is sited to the NW. of
SW Tigard Street and
lseveralthree f<otrloiding dock ailroad kis located nbehind'�the
t<'r`
is a gravel parking Other commercial
building, and Highway 99 passes above and behind the property•
buildings are sited along; Hain Street .
ARCHITECTURAL b HISTORICAL SiGN1M'lCANCEar[ner and nephew, Wilbur Biederman, built the
In 1924 August Schubring and his p
and Garden Store as an adjunct to their existing grocery store on
Main Street . As a graduate of the Oregon Agri
Tigard Feed cultural College (now ing
continued
store and
Biederman took responsibility for managing the
sfeed Biederman usedshisbtechnical
to operate the grocery store. For twelve year customers- In 1936 he and his
knowledge to ground feed to order for his Tigard
o Wisconsin leaving Schubring to operate the war
ho
family moved ts [o the partnership use by l�l�ofelf.
The feed and garden store was sold in the late 1930'
Gray and Rasmussen. (For a2dGit8 nal biographical information on Biederman and
Schubring see form number
the
The feed store was moved forward to its current location
29 . eriodl.e Themoverpass
Highway 99 overpass during the Grey—Rasmussen ownership P of located in
a front
was constructed in 1939-40• The Tigard Oregon Electric dompany Warehouse, located
of the feed store, and the Portland Gas and Coke According to Neva Root, long
behind the store, were both razed at this time.
it was during this time that the east facade of the
time resident of Tigard,
r motion pictures.
store was used as a screen for showing outdoo
the
After K. P. McLean purchased the store in
194 1, hesizestrTheebusinessowasdsold ,
ns
that gave the building its current appearance
current owner, Hal
to the Harvest Milling Company in 1948, and then to served n a chief
Johnson, in 1954. Johnson's earlier experience of having good use when
store keeper in the Navy, and in merchandising feed were put to or
r the
he became owner of the gfeed store.
in keeping withlJ hnsone has l'snbelief that ged on emodernization rwould
exterior of. the building ears of successfully
cause the store to lose its identity. After nearlythirty
rings true. The store
operating the Tigard Feed and Garden Store, his philosophyof
is significant to the City of Tigard in its
and sasltheoonlytwoodeframeebuilding on
colorful owners since constructed in 1924,
Main Street that has not been significantly altered.
WASHINGTON COUNTY CULTURAL RESOURCE INVENTORY
CITY OF TIGARD
RESOURCE NO.:
PRESENT OWNER: Tigard gard Grange T 2S R I4' Sec. 3
ORIGINAL OWNER: Tigard Grange __ TAX LOT M: 600
ARCHITECT/BUILDER:'
sGran a M __.
embers CONDITION: Fair
y
LOCATION:
13770 SW Hig liwa No. 99 Tigard CONSTRUCTION DATE: 1925
COMMONIHISTORIC NAME: Tigard Grange/Butte Grange # 148
USE: PRESENT Church and (Mange Hall THEME: Social: Regional
Culture
ORIGINAL Grange Hall TYPE: Building
• • • f f f • t f • � • • f •
Description of the resource and statement of historical significance:
(Continue on back if necessary)
ARCHITECTURAL DESCRIPTION
The old Tigard Grange is a one story Mission Revival style building,
constructed in 1925. It has beveled wood siding on the major portion of
the exterior, and stucco on the west facade. The flat roof on the building
is hidden by a stucco and wood parapet along the north, south and west
facades. A brick chimney with a corbelled cap is on the south building
facade. Double hung sash windows of 6/2 lights are paired on the south
and north facades. The double entry doors on the west facade have one
panel and one light, with sidelights of eight panes each and transoms of
two lights.
A portico projects over the front of the west facade. It is made of stucco,
with a gable roof, and arched door and window openings. The rear attach-
ment to the building is sided with shiplap. The windows have been boarded
over, and the entrance is no longer in use. This attachment is a stage
addition that was constructed using lumber from the first grange.
(Con't.)
Sources consulted:
Root, Neva. Telephone interview. May 23, 1984.
Payne, Mary. Telephone interview. April 16, 1984.
Recorded by:
Demuth/ McLaughlin Date: April 1984 —_
PRESENT OWNER'S ADDRESS
(If different from above):
C0N'rEXTUAL DESCRIPTION
The grange is sited on tilt• east side• of Ilit;hway 1199 in 'rit;ard. 1 ronunc trial
area i5 directly across, t1w �;t —(-t . A .j-jv(-1 parkin; lot and >;rass strip
is south of the building. Lar);c• oak trees and a residential arca is behind
the building.
HISTORICAL AND ARCHITECTURAL_SIGNIt'ICANCE
The present Tigard Grange replaced the previous grange hall, which had been
constructed in 1875. The first grange hall was built by volunteer labor,
and in 1884 was insured for $500.00. It was built on land donated by Wilson
Tigard, for whom the town of Tigard was named.
The grange was first known as Butte Grange 11148, and was organized on
April 22, 1874. It wasn't until 1927 that the name was changed to the Tigard
Grange. Prior to the construction of the first grange hall in 1876, meetings
were held in a cookhouse that was built for sawmill workers. The building
was located on O'Mara Street, on the property of W.W. Graham.
In 1925 at a special meeting, the grange members voted to construct a new
grange building. At this meeting, Charles F. Tigard was elected Chairman
and Orman Butler, W.A. Root , and George Arnold were elected trustees.
The present Tigard Grange Hall was constructed in 1925. It was built mainly
by grange members. Mr. Root and Mr. Metzentine were among those who
devoted much of time to the project. The hall cost about $5,960.00 in
materials. While the grange hall was under construction, the members met in
the upper story of the McDonald's Store which stood on the corner of
Highway #99 and McDonald Road.
• The Tigard Grange is significant historically in that it has been in use as a
Grange Hall since 1925. It has kept its original integrity and is in good
condition. The Tigard Grange Hall remains an important landmark in the City,
representative of the efforts of early grange members, including Wilson Tigard.
The grange currently rents space in the building to the New Covennant Community
Church.
�� #�'tl'.��"�t�`. � y ' �F z "' •!ail+-
". . ;
WASHINGTON COUNTY CULTURAL RESOURCE INVENTORY
CITY OF TICARD
RESOURCE NO.: 258/813
PRESENT OWNER: _ Susan 6 Dennis Reed T 2S R 1-11-14Sec. 11 '/4 BD
ORIGINAL OWNER: Walter & Eda Upshaw TAX LOT M: 1521 _
ARCHITECT/BUILDER:
CONDITION: Good
LOCATION:
15020 SW 100th, Tigard CONSTRUCTION DATE Ca. 1909
COMMON/HISTORIC NAME: Seven Gables - Upshaw House
USE: PRESENT Residence THEME: Arch. 20th Century
ORIGINAL Residence TYPE: Building
f • f f f f f f f f f • R • •
Description of the resource and statement of historical significance:
(Continue on back if necessary)
ARCHITECTURAL DESCRIPTION
The Upshaw House is a one and one half story building, T shape in plan,
with several major additions ,Cemmonly referred to as the Seven Gables House ,
this name reflects the seven gabled roof pattern which includes four main
gables and three dormers. The medium pitched roof is covered with
composition shingle. The exterior of the house is sided with si►iplap and
cornerboards. There is an exterior brick chimney on the north facade and
an interior chimney in the rear gable ridge which is no longer used. The
rear gable, from which the three domers project, was a later addition to
the house.
Windows throughout the house are 9/1, 12/1 and 15/1 double hung sash. The
simple window trim projects into the frieze boards in the main gables
indicating there has been some window alterations.
The original front porch, which had decorative brackets and wood detailing,
was replaced with the existing; hip roof porch in circa 1928. Two square
boxed posts support the porch; the two wood brackets were added at a later
date. The central entry door is also a replacement.
A fifteen light door it one of the north facade dormers opens onto a second
story balcony enclosed by a three foot railing. It is supported by two
square posts. The ground level door sited under the balcony has nine lights
(Con't.)
Sources consulted:
. Fredericks, Mary Jane Upshaw. Telephone interview, April 17, 1984
Reed, Susan. Interview, March 6, 1984.
. Payne, Mary. Tigardville, Tigard. Lake Oswego: Lake Grove Prirtin; Co. ,
1979. pp. 221, 223, 171
Recoroed by: McLaughlin/Demuth' Date: March 1984
PRESENT OWNERS ADDRESS
(If different from above):
ARCHITECTURAL DESCRIPTION (Cont 'd)
and '.rood panels.
The neighboring dormer on this facade features a 9/1 double lying sash
window. A similar dormer is seen on the south facade, as is a small
enclosed shed roof attachment used as a bathroom. Under the house is a
partial brick basement covered by cement on both the interior and exterior.
Since the current owners purchased the house in 1979, they expanded the kitchen
on the east elevation by removing the wall that sectioned off the pantry
and enclosed porch. They also installed new hardwood flooring on the main
level. Earlier interior alterations include: removing the central stairway
to the rear of the house, and remodeling the two rooms into a single
living room.
CONTEXTUAL DESCRIPTION
The Seven Gables House is located on Little Bull Mountain in Tigard, to the
east off of 100th street. The property currently totals 3.6 acres. Houses
which date from 1950 to the present surround the property in all directions.
The grounds are handsomely landscaped with trees, shrubs, grass and flowers.
The large Western Red Cedar tree just east of the house was planted in
ca. 1919.
HISTORICAL ARCHITECTURAL SIGNIFICANCE
According to Mary June Upshaw Fredericks, daughter of Walter Edwards
Upshaw, there was an existing house on the property purchased by Reverend
t William Loomis Upshaw in 1909. Reverend Upshaw retired to this house after
serving for several years as minister of the Mississippi Congregational
Church in North Portland. Prior to his service in Portland, Reverend Upshaw,
and his wife Ora Estelle, lived in Kansas, Oklahoma and Honduras (Their
son Walter Edward was born in Kansas in 1890). After retiring to the
property on 100th Street in 1909, Reverend Upshaw invested his time in raising
Buff Orphington Chickens, and planting about thirteen acres of apple
orchards.' Once the apples began to produce, the family phased out the chicken
business.
Walter Upshaw became involved early on with the production and marketing of
the apple produce. He delivered them to stores and markets on the east side
of the Willamette River by horse and wagon. Married to his wife Edah in 1915,
they had three daughters, Helen, Mary Jane and Estelle. After a stay on a
farm near Lafayette in Yamhill County, they moved back to the Upshaw farm
in 1924 following the death of Walter's mother Ora. They cared for William
Upshaw until his death in 1928. Upon his return to Tigard, Walter became
a Washington County horticulture inspector. In 1933 he was appointed head
of the Department of Agriculture for the Portland Branch. In his spare
time Walter involved himself in the Tigard Lions Club and was a charter member,
and first full time president. Mrs:- :'dah Upshaw was likewise involved in
the Auxiliary. The Upshaws continued to reside at the farm until Walter
passed awa:- in 1977. Mrs. Upshaw moved to King City about a year and a half
later, and sc'_d the property to the current owners in April 1979.
l
Page 3 Seven Gables-Upshaw House
HISTORICAL ARCHITECTURAL SIGNIFICANCE (Cont'd)
Although this resource has been subjected to several alterations ;and
remodelings, its integrity has it been compromised. It remains in
good condition, well maintained and respected by the current owners,
as it obviously was by the Upshaw family. There is contextual signifi-
cance in the remaining portion of apple orchards which originally totalled
thirteen acres. In its association with the Upshaw family since 1909,
this resource represents an earlier way of life, one that is fast disap-
pearing from the neighborhoods of Tigard.
'• 1. ._ _ ■ .> ...
i
/� ; / / / /
� i i / / i i i
/ i
�. i i /i i
i
�/ � � �/
� ,/ / ♦ � /�
�/
i �
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY /
AGENDA OF: October 6, 1984 AGENDA ITEM #: 1 � l
DATE SUBMITTED: October 2, 1984 PREVIOUS ACTION: Planning_ Commission
ISSUE/AGENDA TITLE: Council Commission approved on Sept. 4, 1984
Review of Planning Commission _ PREPARED BY: _
Action SDR 12-84 Western Intn'l. REQUESTED BY: _
DEPARTMENT HEAD OK: 1jL� '/ '� ._ CITY ADMINISTRATOR:
INFORMATION SUMMARY
On September 4, the Planning Commission reviewed the Director' s decision
concerning the application of Western International (SDR 12-84). A condition
of approval recommended by the staff dealing with the construction of a
railroad crossing was deleted by the Commission. Public Works Director Frank
Currie, as well as adjacent property owners, has expressed concern that this
condition is necessary for the orderly development of the area.
Thomas Burton, representing adjacent property owner Milton Brown, has
requested that the City Council review the approval. Staff agrees with the
need for a review.
In addition, the applicant, Western International, would like the Council to
review rhe need to comply with a condition of the Comprehensive Plan. Policy
11 .5.1, Special Areas of Concern of NPO #5, prohibits any development,
including paving, within the 50—foot setback from the Rolling Hills
Subdivision. This policy conflicts with the City Zoning regulations. The
applicant is attempting to negotiate a compromise with the affected property
owners to allow them to at least have parking within the setback. The council
should consider the applicant's proposed compromise.
ALTERNATIVES CONSIDERED
1. By motion, call the approval of SDR 12-84 up for review and conduct a
hearing.
2. Take no action.
SUGGESTED ACTION
Staff recommends that the City Council act to call the approval of SDR 12-84
up for review to determine if a condition requiring participation in the
construction of a railroad crossing is needed. A hearing should be held
allowing representatives of Milton Brown to discuss why the condition
requiring a railroad crossing should be returned to the approval. In
addition, the applicant and NPO #5 should be given an opportunity to discuss
the merits of requiring compliance with Policy 11.5.1.
(WAM:pm/0676P)
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Members of the City Council October 2, 1984
FROM: William A. Monahan
Director of Planning & Development
SUBJECT: Review of Planning Commission Action - Western International SDR
12.-84
On September 4, 1984, the Planning Commission reviewed the approval granted by
the Director for site development review of Western International Properties'
proposed development. The Commission recommended deletion of a staff
condition, Condition 4, requiring construction of a railroad crossing. Burton
Engineering and Surveying, on behalf of adjacent property owner, Milton Brown,
requested that the City review this approval. Public Works Director Frank
Currie also expressed concern. The Council consider the need for requiring
{ the applicant to find a portion of the crossing.
t
An additional matter arose at the Planning Commission concerning Policy 11 .5. 1
of the Comprehensive Plan which relates to setbacks where industrial
development takes place adjacent to the Rolling Hills Subdivision. The plan
prohibits any building, pavement, or development within a 50 foot setback.
The applicant has proposed a setback of 50 feet, however, it would like to
utilize a portion of the setback for parking as normally allowed by the zoning
standards. The Council should consider if the policy should be modified in
this situation given the applicant' s proposal and the concerns of the
neighbors. It should be noted that throughout the review process prior to the
Commission meeting neither the applicant, staff, NPO, or neighbors recalled
that Policy 11.5.1 was in the plan. Throughout the review all parties were
satisfied with the proposal until the policy came to light at the Commission
meeting. The Council must determine if the policy can be modified given the
proposal of the applicant and concerns of the neighbors.
Attached for review are:
1. Staff report for SDR 12-84 Appeal
2. Planning Commission meeting minutes of September 4, 1984 dealing with
this item.
3. Final Order of Planning Commission for SDR 12-84.
4. September 12 letters from Burton Engineering and Surveying.
5. Pclicy 11.5.1.
6. Zoning standards for the Zone.
(WAM:pm/0676P)
PLANNING COMMISSION MEETING
SEPTEMBER 4, 1984
AGENDA ITEM 5.3
f
MEMORANDUM
s
f
CITY OF TIGARD, OREGON
f
i
T0; Planning Commission August 30, 1984
FROM; Keith Liden, Associate Planner Ll/
a
x
SUBJECT: Appeal of SDR 12-84, Western International Properties
On July 26, 1984, the Planning Director approved SDR 12-84 subject to
conditions. Two appeals were filed regarding this approval. The applicant
has appealed conditions 1 and 4 with an explanation including attachments.
The second appeal was received by a property owner immediately north of the
subject property. Both letters of appeal and the Director's decision are
attached.
(KL:pm/0602P)
f
19 7450 SW Cherry Street
v � Tigard, OR 97223
O P G \G �0• v�`r
August 6, 1984
9
G\ANN\NG �/
City of Tigard P1anning Departmentfl:Sz�„ f/c%y
Tigard City Hall , 12755 SW Ash ops^ �1T�
Tigard, OR 97223
deedholder, Lot 41, Rolling Hills No. 2 k/a
Appeal by Carole J. Stewart,
7450 SW Cherry Street, Tiard, Oregon.
Re: SITE DEVELOPMENT REVIEW 12-84
MINOR LAND PARTITION 2-84
Gentlemen:
of notice
It would appear that the Decision (SectioisCand Conclusion e(Sec2_ tion B) .premature and inconsistan wi a na y
in the following particulars:
1. Conclusion (B.d) - retention of most or all of the originally pro-
poseto oot side landscaping strip in width adjacent to the
residential properties
Decision (CT 1 (3)/p. 6� - retention of as much as possible of the
northern landscaped strip that was originally proposed.
2. Requirment of presentation of nddiermits areonal oissuedn f(P 3)anihdliudnin oing: s
mission approval before builds g
p
a. A revised grading plan wihc coincides with the modified building )
location parking la out consistant with
c. A revised site plan illustratingp 9 y
Chapter' 18.106 or the Code including a justification for the num- I
ber of spaces
:t is respectfully submittefullata
nd completed detail bs ofnrecord own htihce
hich
subject applications unti
will provide the adjacent property owners (residential ) to the North o
the subject properties a full prospective of what the development con-
ists of.
It is our position that the revised plan of development
the
wprhperty
proposing off street parking within the rear y
ard buffer arean 20
feet of the property line willeffectively devaluate our residence. In
consideration of the abuses relative to development eof thatthelBelknap IIndu-
stries
d
stries parcelwest of the subject property,
re-
lating to screening, etc. should be fully specified before a decision
is rendered. Please advise of a hearing date on this matter.
r
t7
Very truly yours,
)�QJ* tiro 7-
F. C. Jens Carole J. Stew t, Deed Holder
Spouse
r t
1 r. -
C ;
� RIAUG G 1964
CIN OF TIGARD
PLANNING DEPT.
HAND DELIVERED
August 6 , 1984
Ms. Jerri Widener, City Recorder
City of Tigard
Tigard City Hall
12755 SW Ash
PO Box 23397
Tigard, OR 97223
RE: Appeal of Notice of Decision, Site Development Review 12-84 ;
Western International Properties , applicant
Date Decision Filed: 7/26/84
Date Notice of Decision Given: 7/27/84
Dear Ms. Widener:
Please be advised that Western International Properties , as land
owner, developer and applicant for the subject permit, respect-
fully wishes to appeal conditions Nos . 1 and 4 oofthe
TigardDirector' s
Community
Decision, pursuant to the provisions of the City
Development Code.
Regarding Condition No. 1 :
Condition No. 1 of SDR 12-84 , requires standard half-street >I;1-
provements , specifically sidewalks, along the Tech Center Drive
frontage. Western International Properties contends that 1981 fors
requirement was deleted by a variance dated June 30,
sidewalk to be constructed on only one side of the street. This
variance was subsequently amended by the enclosed letter dated
December 17 , 1981 authorizing the sidewalk to be installed on the
south side of the street vs . the north side as originally intended.
Accordingly, this condition has been satisfied and should be
deleted from SDR 12-84.
Regarding Condition No. 4_
On 8/3/84 , Mr. Alan Fox of our office had a telephone
conversation
with Mr. Frank Curry regarding Condition No. 4 p g
o the
railroad crossing application. In that conversation, Mr. Fox
requested clarification of the wording
. .shall be resolved to
the satisfaction of the City Engineer. . . " . Mr. Curry replied that
M4ab,n yaerMionN AopN1M.
I0405r"hn %fG��sa�Si�er� PrtIaM.C>•e0o^9T109 509741749H
the City of Tigard would require Western Internatiopay for the crossingopertiestion.
es
to provide a guarantee that itwconsidered it (the crossing)
in
Mr. Curry added that he had " . . .always phase Z and II . . . " of
to be a condition of the develooment of
subdivision S8-81.
Western International Properties contends that condition No. 4
of SPR 12-84 and condition No. 3 of subdivision S8merelyaff Report
do not ret the
quire provision of such a g i.e. provide
applicant prepare the application for the crossing,
engineering design of the crossing. Supporting this contention
are the following:
1. Western International Properties does not require the
railroad crossing to gain access to its property, nor does
it benefit from the crossing.
2. At no time during the subdivision permit process were
Mr. Bob Williams of our office or Mr. Bruce Magnuson of
David Evans Associates, our engineers, informed by City
staff that Western International would be required to bear
the costs of the railroad crossing;
3. The paragraph titled Site Plan and Design Review of
SDR 14-81 for Belknap Industries development clearly states
that the development of land on the west side of the
railroad tracks was conditioned on completion of the crossing.
("Across this R.O.W. a project was approved for
Kittelson Brown (Ret ZC PD 13-80 and 3-80) . A
Condition of Phase II development from Bonited.
Park was that a railroad crossing be comp
le
Application for this crossing shall be made by
Kittleson Brown, reference February 3, 1981 letter
to Mr. Mike Shepherd from Western International
Properties in file SDR 14-81. ")
This wording clearly makes a distinctionetween"co apletion "
of the crossing and preparation of the ps
rmiEnclosed are copies of SDR 14-81 and the referenced letter to
that Kittelson Brown is to pay for
Mr. Shepherd which states
the railroad crossing.
This documentation refutes Mr. Curry's understanding of the
condition, and goes one step further to state that
Kittelson
Brown was to have prepared the permit app
4. Also refuting this interpretation is the fact that the
conditions of Western International's permits SDR 14-81,
S 8-81, and SDR 12-84 make no reference to "completion" of the
railroad crossing or to bearing the construction costs, but
only to preparation and approval of the permit app
i
l staff regarding the subdivision permit
S. Discussions with City Properties constructing Tech
referred to Westerrolthersouthern Paational fic right of way and
Center Drive only Tech
no further. Western International conceded
condition of
Center Drive to the railroad right of way _
the permit so that the CC t dathroughome flandeonathecwest side of
plete a connection to a r
the tracks. such a connection would not bunwanted htraffic by
Center Development because it would bring
the site.
Western International Properties has in good faith ?
In conclusion, and and will
complied with all agreements made with the City of Tig opportunity
We a reciate this
continue to do so in the future• and trust our appeal will be s
to clarify this misunderstanding t
accepted in that spirit. f
i
Thank you for your consideration.
Sincerely,
James' B. Neuman
General Partner
Enclosures
dk
C (
RECEIVED
STAFF REPORT �_���
SITE DESIGN .REVIEW �U�� a 0 RD
June 29 , 1981 +er CITY OF TIGARD
TIGARD CITY HALL VanDomelen &
12420 SW Main St.
WASHINGTON COUNT`.OREGON
Tigard , Oregon 97223
DOCKET: SITE _..'IGN REVIEW SDR 14-81 NPO #S
Belknap Industries
Tigard Business Park S-8-81
APPLICANT: K&L Investment
P.O. Box3896
Seattle , WA 98124
I
LOCATION: S .W. 72nd Avenue
Tigard Business ParkS11DC Lot 1 S-8-81
Washington Co. Map
REQUEST'_ For Site Design Review for Light Industrial '
Building to House Belknap Industries
PREVIOUS ACTION: Ref . Subdivision 8-81 Tigard Business Park
inal parcel was
SITE PLAN AND DESIGN REVIEW. In this case the origi
Tigard Business j
subdivided into two (2 lots . (Reference S8-81 for Tig d R.O.W. was
Parl . ) A new street from S.W. 72nd West to the Railroa 'L
made a condition of approval of S-8-81 . Across this R.O.W. a
project was approved for Kittelson Brown (Ref ZC PD 13-80 &03-80) .
A condition of Phase II development from Bonita Park was that ashall
railroad crossing be compl,ted. Application for t198lclettergto
be made by Kittelson Brown, reference February 3,
Mr . mike Shepherd from Western International Properties es Declaration
in file
SDR 14-81. Also included in this file is a copy Business
of Covenants, Conditions and Restrictions (CCR s) for Tigard
Park . the Site Plans for
STAFF ACTION: Staff app ve following conditions Bare nIndustries
met:
may co
1 . Applicant (Belknap Industries) and owner Tigard Businesmentras
shall submit a letter agreeing to conditions of develop
outlined in the CCR' s. This letter shall state that Belknap
documehas .
met the expectations of development established b this prior to
This letter shall be delivered to the Planning Director
the issuance of a Building Permit.
with
2 . A grading plan for the site shall be prepared and reviewed given I
the Public Works Director. Particular attention shall g shall
to the severe slope area to the North. Adequate fencing
be installed to prohibit adjacent property owners from entering I
this site along the high back to the North. Measures shall be
taken to eliminate soil slippage/erosion on this bank . No
Builsing Permit shall be issued until these issues have been
resolved and approved by the Public Works Director/Building
12420 S.W. MAIN P.O. BOX 23397 TIGARD. OREGON 97223 PH: 639-4171
SDR 14-81
f
Page Two
i
Inspector and Planning Director.
prior to issue
3 . The installation of at sanitary blicsewer Worksservice
Directoroprior this site
shall be approved by r
of Building Permits .
laced �
4 . No Occupance Permits shalthbeCityuodf Tigardall
haveconditions
satisfied t
upon this development by the
and inspections verifying this have been carried out by
appropriate department .
S , No changes will be made to approved plans or specifications unless
appropriate City department and
formal application is made to the app ligation for changes
changes are approved by that department. Applicable drawings .
will be made in writing and shall include app
public rights-of-way
6 . Grading and construction plans for all work re P a registered
and all other public improvements shall be Preb
standards , and shall
professional engineer in accordance with City
nt for review.
be submitted to the Public works Dep
reement and
All public improvement s will theupublice a CWorks aDepartment, and
must be (design) approved by constructed prior to
must be either (1) fully and satisfactorily Public dedication,
the recora— of any minor land partipeoimnit ; or (2) bonded to
final plant, or issuance of Building
thereof the
the City for 100% of the estimated cost ublicdedication, final
recording of any minor land partition, p
plat, or issuance of Building Permits.
7 . All proposed utilities shall be placed underground . Street lighting
roved b the Public Works Department.
installations shall be app Y
8. All street and parking
s shall be concrete or asphalt. All
sidewalks shall be concrete
Permits shall be issued until the expiration of the
9 . No Building from the date of approval .
twenty (20) day appeal period
NOTE: Sign below to acknowledge conditions set fartment.h for tproject
Failure
and return to the City of Tigard Planning Department.on this project approval .
to acknowledge will result in no further action
with regards to issuance of Building Permits or engineering
V t�
Date
Signature - Applicant
7 �
ign u re
- Charles iri! An erson
.. (/
�'� a 1. Director
February 3, 1981
Mr. Mike Shepard
APARTMENT DATA CNETER
6823 SW Canyon Road
Portland, Oregon 97225
Dear Mr. Shepard:
We have received a letter from Mr. Milton O. Brown re-
garding the execution of the easement agreement between
Kittleson, Brown, Starkweather, et. al. and Western
International Properties, Oregon State University Found-
ation and St. Vincent Hospital Foundation. The process of
obtaining all the necessary signatures is now being under-
taken and should be completed soon.
Due to conditions imposed by the City of Tigard, Kittleson,
Brown, et. al. , may be required to provide a more extensive
grade crossing than the emergency ingress and egress de-
scribed in paragraph 4 of the above mentioned agreement.
The agreement clearly provides that all costs attendant
to the construction of a grade crossing within the rail-
road right-of-way shall be borne by First Party (Kittleson,
Brown, et. al. ) . In no event will Second Party (Western,
et. al. ) be required to pay for any improvements related
to the crossing of the rail right-of-way (such as signals)
other than extending the roadway to the right-of-way
property line as provided in the agreement.
Please have the copy of this letter executed by your
clients, Kittleson, Brown, et. al. acknowledging the
above and return it to my attention.
C
MrNrww.M.ew•Ir.�e.u.• �IOSw•ne..rsCww•9•!+: 1blwO.Oq"•O�" S032•'1•W�
k
z:
Mr. Mike Shepard
February 3, 1981
' Page Two
with you and coordinatinconnectiong the
I look forward to workings for the road
necessary engineering
Sincerely.
WESTERN INTERNATIONAL PROPERTIES
Robert E. -Williams . Jr.
REW/jk
Enclosures
ACKNOWLEDGEMENT
t
MILTON O. BROWN
4
RAYMOND J. RITTLESON
I„ R. DAVIS
,WAN M. STARRWEATHER
ROBERT STARKWEATHER
CHYOF TIGARD
WASHINGTON COUNTY.OREGON
December 17, 1981 - - - - _
David Evans and Associates, Inc.
200 SW Market Street, Suite 110
Portland, Oregon 97201
ATM Bruce L. Magnuson
RE: Tech Center Business Park
Dear Bruce: _
This is sent tospUknowiedgideapproval
Tech Center Drive al in l�eulocate
althe
ang the
side-
walk along the Y
northerly side thereof.
After discussing the proposed relocation with Marlin Del4aas, in con-
sideration of the 72nd Avenue improvement project, we've concluded that
by the simple expedient of swinging the walk to a location adjacent to the
curb, along the to- e-constructed-yet portion of Tech Center Drive, an
b
adverse grade transition at the intersection will be sufficently relieved
and, therefore, is of no particular concern. -
Further, since an acknowledgment of the proposed relocation didn't accocn-
pany your submittal, from Tigard Water District, I took the 'liberty of
contacting Mr. John Miller and have received verbal confizmation that no
conflict exists therein regarding their facilities.
Very truly,
John S. HaVnan
Superintendent
Engineering Division
CnW
DEC 1 , D
951
QdY
12755 S W.ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171 -
CITY OF TIGARD
NOTICE OF DECISION
SITE DEVELOPMENT REVIEW 12-84
MINOR LAND PARTITION 2-84
APPLICATION: Request by Western International Properties for approval for a
Minor Partition to divide a 6.9 acre parcel into three parcels of 2.5, 2.4,
and 2.0 acres each. Also, Site Development Review approval is requested to
allow the construction of one industrial building and related facilities on
each of the three parcels. The property is zoned I-P (Industrial Park) and is
located on the northwest corner of 72nd Avenue and Tech Center Drive( Wash.
Co. Tax Map 2S1 1DC, Tax Lots 700 and 800).
DECISION: Notice is hereby given that the Planning Director for the City of
Tigard has APPROVED the above described applications subject to certain
conditions. The findings and conclusions on which the Director based his
decision are as noted below.
A. FINDING OF FACT
1. Background
On May 11, 1981, the Planning Director approved a subdivision (S
8-81 Tigard Business Park) which created two parcels of 5.1 and
( 6.9 acres as well as Tech Center Drive. One condition of this
approval stated "Application for the railroad crossing shall be
made/approved prior to the issuance of building permits on this
site. This condition may be 'adjusted' in relationship to the
PUC/Railroad time frames."
In June, 1981, Site Design Review approval was granted to allow
the construction of an industrial building on the 5.1 acre parcel
(SDR 14-81).
2. Vicinity Information
The land south of Tech Center Drive is zoned I-L (Light
Industrial) to the west and I-H (Heavy Industrial) towards 72nd
Avenue. The Belknap Industries parcel is west of the subject
property and it is zoned I-P. Commercial properties are east of
72nd Avenue. The northern property line is bordered by single
family residences zoned R-3.5 (Residential, 3.5 units/acre) and
one parcel which is adjacent to 72nd Avenue which is zoned I-P.
3. Site Information and Proposal Description
The property is presently undeveloped. There are numerous trees
on the east and northern portions of the property. The land
slopes downward from northeast to southwest.
NOTICE OF DECISION - SDR 12-84 6 HLP 2-84 - PAGE 1
x
R
{
l 5
erty
nto
cels
id ththea h ohavin i frontage on Tech
The applicant proposes to divTech
of 2.5, 2.4, and 2.0 acres
g g
Center Drive. It was originally proposed that the development of
the three parcels —ould consist of five industrial buildings with
the
the first phase occurring on the central 2.4 acre
c was osubmitted t. g for
application review process, a revised p
construct two buildings (B and C), one
central and western lots to
1
on each parcel, instead of four- BuildinThe toAa on the deasterning u2r0
footage is approximately the same. g
acre parcel remains unchanged
edfeetThfor building buildingsZeA, are B, 27,000,
andC
33,500, and 33,500 q
respectively.
4. Agency and NPO Comments
The Engineering Division has the following comments: t
a. The sanitary sewer line should be capable of extending to
i
74th Avenue.
b. The railroad crossing application is incomplete because the f
protective devices portion is lacking sufficient information.
shall not be borne by the City.
c. Installation cost
The Building Inspection Office has no objection.
Protection District has the following
The Tualatin Rural Fire
comments:
a. Driveways and entrances shall not be less than 20 feet wide.
b. Inside and outside turning radii should be a minimum of 30
and 52 feet respectively.
y portions of the
C. Fire hydrants must be within 250 feet of all p ht
4
buildings.
d. Additional fire hydrants should nd the northwest cot the
northeast corner of Building
of
Building C.
NPO #5 has no objection to the proposed development.
B. ANALYSIS AND CONCLUSION
1. Partition (MLP 2-84)
The I-P zone has a minimum lot width requirement of 50 feet and no
minimum size requirement. All lots will have
adequate
frontage
meets all
on
Tech Center Drive and/or 72nd Avenue. The pa
Code requirements.
NOTICE OF DECISION - SDR 12-84 b MLP 2-84 - PACE 2
( l
2. Site Development Review (SDR 12-84)
The proposed industrial development is in basic conformance with
the applicable provisions of the Code. The original site plan
provided specific information regarding placement of utilities,
parking, grading, drainage facilities, landscaping and lot
coverage calculations. A revised site plan was received on July
14th which proposed only two buildings on the two western parcels
instead of four. This generalized site plan did not include
corresponding information noted above. Additional information
should be presented for Planning Department approval before
building permits are issued.
The eastern parcel which contains Building A is unaffected by the
site plan revisions A 27,000 square foot industrial building
with a two-way access to 72nd Avenue and a pair of one-way
driveways to Tech Center Drive is anticipated. A 7,250 square
foot loading area and 90 parking spaces are shown on the site plan.
The building and related improvements, including the landscaping
plan, are consistent with Code requirements with the following
exceptions:
a. The parking spaces appear to be 8.5 x 20 feet and the Code
requires dimensions of 9 x 18 feet. Compact car spaces of
8.5 x 15 feet may constitute 25 percent of the required
parking.
b. No handicapped parking spaces are shown and two 12 x 18 foot
spaces are necessary.
C. A minimum of five bicycle parking spaces are required near
the building entrance(s).
The two western parcels feature Buildings B and C which are 33,600
square feet each. The proposed site plan is consistent
conceptually with Code requirements, however, the following
information and modifications should be submitted and reviewed by
the Planning Department before building permits are issued:
a. A revised grading plan which coincides with the modified
building location.
b. A revised utilities plan.
C. A revised site plan illustrating
- parking layout consistent with Chapter 18.106 of the
Code including a justification for the number of spaces
- a minimum of one, two-way driveway, 24 feet in width
- one-way driveways clearly marked.
NOTICE OF DECISION - SDR 12-84 b MLP 2-84 - PAGE 3
d. An amended landscaping plan including
the location of the trees along the norther property
line that is not shown on the "Existing Site
Conditions" sheet
the preservation of these trees for buffering purposes
retention of most or all of the originally proposed 50
to 60 foot wide landscaping strip in width adjacent to
the residential properties
screening along the northern property 1_ine consistent
with Chapter 18.100 of the Code
e. A lighting plan which will be compatible with the residences
to the north.
In summary, the site plans for all three parcels will need the revisions
and additional information noted above before building hermits may
[ie
on
issued. Based upon the proposed use of the p p Y.
the requirements of the Community
supplied by the applicant, and
Development Code, there appears to be no reason why all City standards
cannot be met.
C. DECISION
MLP 2-84 subject to the following
The Planning Director approves
conditions:
1. The property shall be divided into three parcels as shown on the
preliminary partitioning map submitted by the applicant.
2. The partition survey shall be tied to a City of Tigard "Primary"
or "Secondary" control station if one exists within 1000 feet of
the partition and the bearings oriented thereon.
3. Tigard grid coordinates for all established boundary points on the
partition shall be submitted to the City within 15 days of
recording.
4. After review and approval by the Planning Director, the Minor Land
partition shall be recorded with Washington County and a
reproducible copy of the "record of survey" shall be submitted to
the Engineering Division within 15 days of recording.
5. This approval is valid if exercised within one year of the final
decision date noted below.
The Planning Director approves SDR 12-84 subject to the following
conditions:
1. Standard half-street improvements including sidewalks, curbs.
street lights, and driveway aprons shall be provided along the
72nd Avenue and Tech Center Drive frontage.
NOTICE OF DECISION - SDR 12-84 6 MLP 2-84 - PAGE 4
2. Seven (7) sets of plan-profile public improvement construction
plans and one (1) itemized construction cost estimate, stamped by
a registered civil engineer, detailing all proposed public
improvement shall be submitted to the City's Engineering Division
for review.
3. Construction of proposed public improvements shall not commence
until after the Engineering Division has issued approved public
improvement plans (the Division will require posting of a 100%
performance bond), the payment of a permit fee and a sig:-
installation/streetlight deposit. Also, the execution of a street
opening permit or construction compliance agreement shall occur
prior to, or concurrently with the issuance of approved public
improvement plans.
4. The railroad crossing application with the Public Utilities
Commission shall be resolved to the satisfaction of the City
Engineer prior to the issuance of building permits on any of the
three parcels.
5. Prior to issuing building permits, a revised site plan for the
eastern parcel (Building A) , containing the items noted below,
shall be submitted for Planning Director approval:
a. Parking facilities and driveways consistent with Chapters
( 18.106 and 18.108 of the Code.
b. Bicycle rack placement and design.
C. Projected use of the building and a justification of the
number of parking spaces.
6. Prior to issuing building permits on the two western parcels
(Buildings B and C), the following information shall be submitted
for Planning Director review and approval:
a. A revised grading plan
b. A revised utilities plan
C. A revised site plan which includes:
(1) parking facilities and driveways consistent with
Chapter 18.106 and 18.108 of the Code including a
justification of the number of parking spaces based
upon the anticipated use of the buildings
(2) bicycle rack location and design
(3) a minimum of one, two-way driveway, 24 feet in width
C d. An amended landscaping plan including:
(1) location of the trees along the northern property line
that are not shown on the "Existing Site Conditions"
sheet
NOTICE OF DECISION - SDR 12-84 6 MLP 2-84 - PACE 5
(2) preservation of this group of trees for buffering
purposes
retention of as much as possible of the northern
(3) that was originally proposed
landscaped strip
(4) screening along the northern property line that is
consistent with Chapter 18.100 of the Code
e• A lighting plan which will be compatible with the residences
to the north.
Prior to occupancy of any building, plant materials shall be
7. roved landscaping plan for the
installed as shown on the app
corresponding lot.
year of the final
8. This approval is valid if exercised withihasee must be initiated
decision date noted below. The third P application
within three years or a new Site Development Review ape
will be necessary.
D. PROCEDURE posted at City
1, Notice:
Notice was published in the newspaper,
Hall and mailed to:
gg The applicant 6 owners required distance
XX Owners of record within hborhoodhplanning Organization
The affected Neig
}X Affected governmental agencies
2, Final Decision:
LL BE FINAL ON August 6 1984 UNLESS AN APPEAL
THE DECISION SHA
IS FILED.
3• Appeal:
Any party to the decision may appeal this decision in accordance
with Section 18.32.290(A) and Section 18.32.370 °e lthe mayCbemunity
filed
Development Code which provides that a written app
within 10 days after notice is given and sent.
The deadline for filing of an appeal is Au ust 6 1984 '
lease call the City of
you have any questions, P Hall, 12755 SW
4, Questions: If y Department
Tigard City
Tigard Planning Dep on 97223, 639-4171•Ore
Ash, PO Box 23397, Tigard, g
y
ATE AP ROVED
lam A.�Monah�an, ���ing 6 Development
(KSL:pm/0544P)
NOTICE OF DECISION - SDR 12-84 b MLP 2-84 - PAGE 6
c�
U
SII JECT '�•"SITE
b. Compliance of 18.160.160 (all) with the following
exception:
18 . 160.160 A.2
Capped 5/8" X 30" Iron Rods on surface of final
lift will be acceptable.
NOTE
18.160. 160 B.1
City of Tigard Primary Control Surveys (CS. # 19,947 b
20,223) Local-Ground coordinates exist for all
stations. State plan coordinates not required. City
can make transformation given local coordinates .
C. Compliance of 18 .160.190 (B)
d. All storm and sanitary lines shall be placed in
positions that DO NOT interfere with centerline
monumentation.
8. The subdivision will contain a maximum of 22 lots.
9. Additional right-of-way shall be dedicated to the City along
th 81st Avenue frontage to increase the right-of-way to 25
feet from centerline. The description for said dedication
shall be to the street centerline. The legal description j
shall be approved by the Engineering Division and recorded
with Washington County . Also, additional right-of-way shall
be dedicated as necessary to accommodate half-street
improvements along the northern boundary of the subdivision.
10. After review and approval Ly the Planning Director and City
Engineer, the final plat shall be recorded with Washington
County and a mylar copy of the recorded plat shall be
submitted to the City Engineering Division within 15 days of
recording.
11 . This approval is valid for the period of one year from the
final decision date.
Motion carried 6-2. Commissioner Owens and Vanderwood voting no.
5.3 APPEAL OF SDR 12-84 WESTERN INTERNATIONAL PROPERTIES NPO #5
Appeal of condition for construction of industrial buildings and related
facilities on three parcels. Property zoned I-P (Industrial Park) .
Located Northwest corner of 72nd and Tech Center Dr. (WCTM 2S1 10C Tax
Lots 700 and 800) .
• Associate Planner Liden reviewed the appeals noting that staff
concurred with the applicant that the sidewalk was not necessary
on the north side because of a previous letter. Discussion
followed regarding the sidewalk and RR crossing.
•
Commissioner Butler asked if policy 11.5.1 had been applied to
this application. Discussion followed.
PLANNING COMMISSION MINUTES SEPTEMBER 4, 1984 PAGE 3
• Alan Fox, Representing Western International Properties reviewed
changes they were proposing to protect the residential area.
• Bob Rossi, landscaper for tho applicant, reviewed the Landscaping
Plan.
• Alan Fox continued his presentation regarding the condition
requiring the railroad crossing.
• Bruce Magnuson, David Evans and Associate, reviewed a railroad
crossing application submitted in 1981 by Kittleson/Brown.
• Alan Fox continued how they dial not feel they should be required
to pay for installation of the railroad crossing.
• Sharon Takahashi, Representing NPO #5, referred to policy 11 .5.1
for a 50 foot buffer. The policy has been violated and should be
upheld.
PUBLIC TESTIMONY
• Pat Hermanson, 7530 SW Cherry, owner of property behind Belknap,
explained problems which they have experienced. She was concerned
that the new development would only add to the problem. She
wanted to know what assurance they would have that the residential
area would be protected . Discussion followed.
• John Torpling, 7430 SW Cherry, concerned for buffering and favored
the 50 feet.
• Mr Fredrich Jensen, 7450 SW Cherry, commented that he had attended
the meeting between the applicant and the NPO. He commented on
existing violations and the lack of protection for the residential
area. Fie supported a 50 foot setback. He wanted to know when the
sewer would be installed, what type of yard lights would be used,
access, and the possibility of fencing. He wanted to be assured
of adequate screening within two years.
REBUTTAL
• Mr. Fox responded to concerns of the residents. He noted the
building is set back 50 feet from the property line and how they
had complied with requirements of the code. Questions and
discussion followed between applicant, staff and Commissioners.
PUBLIC HEARING CLOSED
COMMISSION DISCUSSION AND ACTION
• Commissioners Leverett, Fyre, Vanderwood, Campbell, Owens, Butler,
Bergmann did not feel the RR crossing should be constructed by the
applicant. President Moen felt that the applicant should assist
( with half of the construction but would concede.
• Lengthy discussion regarding the setback, installation of the
sewer, and sidewalk.
PLANNING COMMISSION MINUTES SEPTEMBER 4, 1984 PAGE 4
• Commissioner Fyre moved and Commissioner Leverett seconded to
( approve the first appeal for a variance to the sidewalk not
required the RR crossing, and table 2nd appeal regarding
landscaping and setback. Discussion followed.
Motion failed 6-2, Commissioner Leverett and Fyre voting yes.
• Commissioner Butler moved and Commissioner Owens seconded to
accept the appeal filed by Carole Stewart, based on Section
18.68.050 C.4 of the Community Development Code and policy 11.5.1
C 1 and 2.
Motion carried unanimously by Commissioners present.
• Commissioner Fyre moved and commissioner
Leverett ted seconded
ed on
accept Western International' s appealas
information supplied and testimony given.
Motion carried by majority vote of present, Commissioner Butler
voting no.
5.4 PLANNED DEVELOPMENT PD 3-84 THE FOUNTAINS AT SUMMERFIELD NPO #6
Continued from August 7, 1984 Planning Commission meeting.
• Associate Planner Liden reviewed history of the development and
changes which have been proposed since the last hearing.
CAPPLICANT'S PRESENTATION
• Vlad Voytilla, 15300 SW 116th, supported staff' s presentation and
was available to answer questions.
PUBLIC TESTIMONY
• Phil Pasteris, NPO #6 Chairman, stated a meeting had been held and
items of concern had been worked out.
• Daae Atkinson, 10460 SW Century, member of NPO #6 and Summerfield
Association member, supported the proposal adding there were some
items which would be worked out between the applicant and the
Summerfield Association.
PUBLIC HEARING CLOSED
• Associate Planner Liden added the following requirements:
1. Requirement for additional right-of--way on Naeve Road.
Half street improvements to minor collector.
2. Condition #5, "add "8" sewer line public maintained".
Owens moved and Commissioner Vanderwood seconded for conceptual
approval of PD 3-84 with the following conditions:
1. Seven(7) sets of plan-profile public improvement
construction plans and one (1) itemized construction cost
estimate, stamped by a registered civil engineer, detailing
all proposed public improvements shall be submitted to the
City's Engineering Division for review. S
NEIGHBORHOOD _PLANNING ORGANIZATION N4
POLICIES �:
11 .4. 1 IN THE IIGARD TRIANGLE (I .E. THAT AREA BOUNDED BY PACIFIC HIGHWAY, i
HIGHWAY 217, AND T1IE LNTERSTAfE 5 FREEWAY), IN THOSE PARCELS
DESIGNATED "CP", HIGH DENSITY RESIDENTIAL DEVELOPMENT (I.E. 20 TO 40 ;
UNITS PER ACRE)
SHALL BE A USE ALLOWED OUTRIGHT IN CONJUNCTION WITH
COMMERCIAL PROFESSIONAL USES.
11.4.2 IN THE TIGARD TRIANGLE DESCRIBED IN POLICY 11.4. 1, THOSE PARCELS
DESIGNATED FOR ANY COMMERCIAL DEVELOPMENT SHALL NOT DEVELOP FOR SUCH
USE, IF NOT ALREADY SO DEVELOPED, UNLESS A MAJOR COLLECTOR, CONNECTING
THE: AREA ON PACIFIC HIGHWAY AT APPROXIMATELY 78TH AVENUE AND THE
WESTERLY PORTION OF HAINES ROAD INTERCHANGE AT INTERSTATE 5 FREEWAY
(AT APPROXIMATELY 69TH AT DARTMOUTH) BE CONSTRUCTED, BE GUARANTEED
WITIN ONE YEAR BY A PUBLIC AGENCY, OR
VED
FORf+ R CONSTRUCTION ON A ACOP RT Of IAN E
LOCAL IMPROVEMENT DISTRICT AFTEROTHE
REMONSTRANCE AND REVIEW PERIOD HAVE EXPIRED.
THIS CONDITION SHALL_ NOT APPLY TO PARCELS THAT:
a. I.IE SOUTH OF HAMPTON STREET AND HAVE ROAD ACCESS BUILT TO
COMPREHENSIVE PLAN ROAD STANDARDS.
b. HAVE DIRECT ACCESS TO PACIFIC HIGHWAY, HIGHWAY 217, OR INTERSIATE
5 FREEWAY AND BY BEING LESS THAN 1000' FROM THE RIGHT-OFAAAY LINE
OF PACIFIC HIGHWAY OR THE INTERCHANGE RAMPS OF HIGHWAY 217 OR
INTERSTATE 5 FREEWAY.
C. HAVE ACCESS WIT14IN 300' OF ATLANTA STREET, 68TH AVENUE, OR HAMPTON
STREET BY AN ACCESS ROAD BUILT TO COMPREHENSIVE PLAN ROAD
STANDARDS.
11.5 NEIGHBORHOOD._PLANNING ORGANIZATION #5
F_I_NDIN_GS_
O As Tigard has continued to develop, the locational advantages associated
with the the I--5 freeway, Highway 717 and the two railroad lines
traversing the area have led to a considerable amount of office and
industrial development along 72nd Avenue, south of Highway 217.
ea
butting the
ial area in NPO
o The established has been adverselyaffectedbyrthe aindividual use, due rto increased smoke,
noise, odor or visual pollution.
o The pollution of existing vegetation and trees, and the planting of trees,
provide an excellent means to both separate and buffer residential areas
from industrial areas. These vegetative buffers exist along the western
t slopes bordering the Rolling Hills Subdivision and along Fanno Creek. The
Rolling Hills Subdivision abuts industrially planned land on two sides and
is within approximately 600 feet of land planned for heavy industrial use.
IT - 75
s
POI ICY
I. BUIFERING AND SCREENING BETWI::EN RESIDENTIAL
11 .5. 1 fHE CITY SHALL REQUIRE RL::AS AS A PRECONDITION TO DEVELOPMENT
AREAS AND ADJOINING INDUSTRIAL. A
APPROVAL AS FOLLOWS:
a. ALL BUILDINGS ON INDUSTRIAL_ LAND SHALL BE. SET BACK A DISTANCE OF
NE WHICH ABUTS A RESIDENTIALLY PLANNED
50 FEET FROM ANY PROPERTY LI
AREA;
SLL
b. THE SITEPLAN
IN{ATHEP AREASF WHI:CHLI LEAST INTENSIVE PROPOSED
ABUT ANADJOINING RESIDENTIAL
ON THE
PLANNED AREA; AND
C. BUFFERING AND SCREENING SHALL_ BE PROVIDED WITHIN THE 50-FOOT
SETBACK AREA AS PROVIDED BY TILE STANDARDS CONTAINED IN POLICY
6.6.1. IT IS NOT THE INTENT OF THIS SUBSECTION TO REQUIRE THE
AREENTIRETFINTWHICF TTO CASEBA PORTIONPED PROVIDED OF THE BUFFER AREA AREAAMAYRBE USED FOR
ARE ME
PARKING; EXCEPT
1 . NO STRUCTURE, PAVEMENT
r OR AREA SURROUNDING AYBL THE ROLLING
TED WHIN IN S
THE 5n FOOT SE
SUBDIVISION; AND
2 . ALL ALL BE RETAINED AND
AINED
WITHINXTHE ING VEGETATION JI
50-FOOT SETBACKSURROUNDING RROUNDING THE ROL INGTHILLS
( SUBDIVISION.
IMPLEMENTATION STRATEGIES
oPlanning
1. The City shall work with bFothNreg hbordentlial and indus Organizations ialt�
in developing
affected property owners
er areas between industrial and residential areas.
design plan for the buff
2. The Tigard Community Development Code shall include a tree cutting section
which will minimize the cutting of trees on undeveloped land, and prohibit
the cutting of trees within the designated Fanno Creek Greenway area.
Coe 3. The Community Develhat pore t resldentshall aldistricts.includestandards fus
Atminimum
a mnthese
developments t
standards shall include height, noise, and lighting requirements.
II - 76
v;
CITY OF lIGARD PLANNING COMMISSION
t LNAI- ORDt-R NO. 84 - PC
A FINAL ORDER IN THE MATIER OF IIff APPLTCA1ION FOR Slll:_ DLVELOPMLNI REVIFW
APPROVAi- REQIJESIFD BY WESTERN LNTERNATIONAL PROPERTIES, FII E NIJMF31-R SDR 12-84,
APPROVING THE APPLTCAII:ON, ENIERING F-I.NDINGS, AND CONCLUS1ONS.
The Tigard Planning Commission heard the above application on September 4,
1984. A1.1en Fox represented the applicant. Neighborhood Planning
Organization #5 appeared in opposition to the application. Several adjoining
neighbors spoke in opposition to the application.
The Commission finds the fallowing FACTS in this matter:
1 . The applicant, Western International., requested approval. Lo partition
(MEP 2- 84) at 6.9 acre parcel. into three lots of 2.5, 2 .4, and 2.0
acres each. Site Developm"rit Review approval Lo construct one
indust,ri.al office building on each of the proposed parcels was also
requested. T-he property is zoned I -P (Industrial Park) and is
located on the northeast corner of 72nd Avenue and Tech Center Drive
(Wash. Co. Tax Map 251. 11)(1, Tax Lots 700 4rid 800) . The information
supportirig this request is found in Planning File Nos . SDR 12-84 and
MI-P 2--84 .
f
2. The two applications were approved by the PLinning Director ori July
26, 1984, subject to conditions. The dec . sion for SDR 12--84 was
appealed by the applicant because of the requirements outlined irl
Conditions number 1 and 4 of the Director' s approval. The
requirement for a sidewalk along 1erFi C,nter Dr i.ve and the
responsibility of constructing a portion of the proposed Tech Center
Drive railroad crossing were the specific subjects contained in the
appeal .
An adjoining neighbor also appealed the SDR 1.2-84 decision on the
grounds that sufficient buffering had not been provided
3 . The re1.evarrt approval criteria in this case are the Statewide
Planning Goals 1,2,9, and 11, City of Tigard Comprehensive Plan
Po].i.cies 2 . 1 . 1 and 11 .5. 7.; and Community Development Code, Chapter
18. 120.
Based upon the record in this case, the Commission makes the following
FINDINGS:
1. Statewide Planning Goal t11. is met because the City has adopted a
Citizens Involvement program including review of all development
applications by the Neighborhood Planning Organization (NPO) . In
addition, all public notice requirements were met.
2 . Statewide Planning Goal #2 is met because the City applied all.
applicable Statewide Planning Goals, City Comprehensive Plan Policies
and Development code: requirements to the application.
FINAL ORDER NO. 84 PC - WESTERN INTERNATIONAL_ -- PAGE 1
3 . Stat.ewi de Goal tr'1 1 i s met. because pub]i c far_i] i t i es are available to
the site.
4 . City of li.gard Comprehensive Plan Policy 2 . 1 . 1is satisfied because
Lhe Neighborhood Planning 0rganitati.on and surrounding properti.es
were given notice of the hearing 'Arid an opportunity to comment un the
applicants proposal .
5. Ci.ty of Tigard Comprehensive Plan Policy 11 .5. 1 is satisfied by the
conditions attached to this approval.
6 . Community Development Code Chapter 18. 120 is met by tFjo conditions
attached to this approval.
The Commission adopts the following CONCL.l.1SIONS Of LAW:
1 . Based upon Findings 1, 2, and 3 above, the Commission has determined
that the applicant' s proposes] meets the applicable Statewide P].anniny
Goals.
2 . Based upon Finding 5 the proposal shall be modified as required by
the conditions of approval to be consistent with this Policy .
3 . Based upon Firid i.rig 6 the Commissi.On has dotermi.ned that the
applicant' s proposal, as modified by Lhe conditions of approval is
consistent wi.th Chapter 1.8. 120 of the Code.
Based upon Lhe above findings Arid conclusions, SDR 12 -04 is APPROVED subject
to the conditions below:
1. Standard half-street improvements including sidewalks, curbs, street
lights, and driveway aprons shall be provided along Lhe 72nd Avenue
and Tech Center Drive frontage. A sidewalk shall not be required
along the Tech Center Drive frontage.
2. Seven (7) sets of plan-profile public improvement construction plans
and one (1) itemized construction cost estimate, stamped by a
registered civil engineer, detailing all proposed public improvements
shall be submitted to the City' s Fngineering Division for review.
3 . Construction of proposed public improvements shall not commence until
after the Engineering Division has issued approved public improvement
plans (the Division will require posting Of a 100% performance bond),
the payment of a permit fr,e and a sign installation/streetlight
deposit. Also, the execution Of a street op( ning permit or
construction compliance agreement shall occur prior to, a
concurrently with the issuance of approved public improvement plans.
4. The railroad crossing application with the Public Utilities
Commission shall be resolved to the satisfaction of the City Engineer
prior to the issuance of building permits on any Of the three
parcels. The applicant shall not be responsible for construction of
any portion of the crossing.
FINAL ORDER NO. 84 -__—PC - WESTERN INTERNATIONAL PAGE 2
5. Prior to issuance of building permits, a ravised sitp plan for the
( eastern parcel. (Building A) , containing the items noted below, shall
be submitted for Planning Director approval:
a. Parking facilities and driveways consistent with Chapters 18 . 106
and 18. 108 of the Code.
b. Bicycle rack placement and design.
C . Projected use of the building arid a justification of the number
of parking spaces.
6. Prior to issuing building permits on the two western parcels
(Buildings B and C), the following information shall be submitted for
Planning Director review and approval :
a. A revised grading plan
b. A revised utilities plan
C . A revised site plan which includes:
(1) parking faci.l.i.ti.es and driveways consistent with Chapter-
18 . 106
hapter18 . 106 and 18. 108 of the Code including a justification of
the number of parking spaces based upon the anticipated use
of the buildings
(2) bicycle rack location and design
(3) a minimum of one, two-way driveway, 24 feet in width
d. An amended landscaping plan including:
(1) location of the trees along the northern property line that
are not shown on the "Existing Site Conditions" sheet
(2) preservation of this group of trees for buffering purposes
(3) retention of as much as possible of the northern landscaped
strip that was originally proposed
(4) screening along the northern property line that i.s
consistent with Chapter 18. 100 of the Code
e. A lighting plan which will be compatible with the residences to
the north.
7. The site plan for Buildings 8 and C shall conform with Comprehensive
Plan Policy 11.5. 1.
8. Prior to occupancy of any building, plant materials shall be
installed as shown on the approved landscaping plan for the
Ccorresponding lot.
FINAL ORDER NO. 94 — —PC - WESTERN INTERNAI"TONAL .- PAGE 3
9. This approval is valid if exercised within one year of the final
f decision date noted below. The third phase must be initiated within
three years or a new Site Development Review application will be
necessary.
It is further ordered that applicant be notified of the entry of this order.
1984, by the Planning
PASSED: This 3 day of (/ _
commission of the City of Tigard.
A. Donald Moen, President
Tigard Planning Commission
(KSL:bs/0675P)
i
7
f
{
F
FINAL ORDER NO. 84 — PC — WESTERN INTERNATIONAL — PAGE 4
�.
BURTON ENGINEERING & SURVEYING
Civil Engineers • Land Surveyors
,
302 Tigard Plaza a Hall Blvd. &Pacific Hwy. 0 Tigard, Oregon 97223 4 03-6��-6116,
September 12, 1984 - --
City of Tigard
City Council
P.O. Box 23397 1 2 1984
Tigard, Oregon 97223
Gentlemen:
I represent Milton 0. Brown owner of Tax Lots 100, 700 and 1400
in Sections 1 and 12, T2S, R1W, W.M. , Tigard, Oregon. This property
has also been known as Bonita Park and lies directly westerly of
Tech Center Business Park, with the Southern Pacific and Oregon
Electric Railroad between the two properties.
Last week Tech Center Business Park Subdivision was approved (we
were not notified ) by the planning commission with no provision
made for construction of any portion of the proposed railroad
crossing.
{ I have contacted the planning staff and it is not clear what the
City intends in regard to this crossing. They informed me the City
Council should review and clarify what the disposition of this
crossing will be.
We therefore strongly request that the City Council review the
approval of Tech Center Business Park and resolve this railroad
crossing matter.
The matter of the construction of the crossing had been discussed
previously with the City and some of the surrounding property
owners. It has always been our understanding that the cost of
the crossing would be paid by all of the surrounding property
owners.
To do otherwise would create a tremendous hardship on my client
and would likely make his development impossible and consequently
the crossing would never be constructed.
S' cerely,�
cc: Planning Commission Thomas H. Burton
Frank Curry
CMilton Brown
18 68 I P (INDUSTRIAL PARK DISTRICT,
18 68 O10 Purpose
A. The purpose of the I-P zoning district is to provide arees:
1. For combining light manufacturing, office and complei.entary
uses e.g. , restaurant, barber shop,
related commercial
beauty salons and fitness centers;
2. For combining use which have no off-site impacts in terms f
glare, lights, vibration, smoke, dus,: or
of noise, odor,
other types of off-site impacts;
i
3 . For combining parking, landscaping and other design
features and which physically and visually link structures
and uses within one development; and
i
4. Which prohibit residential uses.
5. Which utilize a basic street and utility pattern which will
permit flexibility in the size of industrial sites.
6. Which provide for a circulation system that provides direct
access to arterials or collectors that will not channel
traffic through residential areas.
( 7. Which utilize an internal circulation system which connects
�\ to adjoining Sites-
plate of pre-imposed restrictions
g. Which provide a complete se
ction convena
(e.g. deed restrictions, restrind industrial
etc.) that
are enforceable upon all occupants of the nddek
SPan
including provisions for site improvement, building 9
landscaping, sign control, off-street parking and site
maintenance.
g. Which provide evidence of continuing management
responsibility to enforce restrictions established upon the
original development plan.
10. Which recognize the differing transportation requirements
of employees and service vehicles with adequate provision
for public transit access.
18.68.020 Procedures and Approval Process
whi
A A use permitted outright, Section 18.68.0o0f, is a this code. Ifca
requires no a.jproval under the p be held to
use is not listed as a use permitted outright, it may
be a similar unlisted use under the provisions of Chapter 18.43
r (UNLISTED USES) .
III - 107
x
A conditional use, Section 18.68.040, is a use, the approval of
8 approval
which is discretionary with Lhrov{alr Hearings 0re et1CforthT in Chapter
r' process and criteria for app
18.130 (CONDITIONAL USES) . if a use is not listed as a
conditional use, it may be held to be a
unlisted use
under the provisions of Chapter 18.43 (UNLISTED
18.68.030 Permitted Uses
A. Civic Use Types
1. Public support facilities
2. Parking services
3. Postal services
4. Public safety services
B. Commercial Use Types
1. Animal sales and service a animals
a. Veterinary: small 6 larg
2. Automobile and equipment
a. Repairs: light
b. Sales and Rental: light equipment
3. Building maintenance services
4. Business equipment sales and services
5. Business support services
6. Communication services
( 7. Construction sales and services
` g, Convenience sales and personal service (nut to exceed LOX
hin the office complex)
of the total square footage wit
9. Laundry services
10. Research services
11. Vehicle fuel sales
12 ing establish
theft taldsquarekfootage within ethe developmentnts (not to x0of
co plex)
13 . Participation sports and recreation s
a. Indoor
b. Outdoor
14. Professional and administrative offices
C. Industrial Use Type
1. Manufacturing of finished products
2. Packaging and Processing
3 . Wholesale, storage and distribution
a. Mini-warehouse
b. Light
18.68 040 Conditional Use (Section 18.130
A pay Care Facilities - limited to 10% of total complex.
g Heliports, in accordance with the Aeronautics Division (ODOT)
and the FAA.
C. Utilities
III - 108
18.68.050 Dimensional Requirements
A. There are no minimum lot area requirements.
B. The average minimum lot width shall be 50 feet.
C. The minimum setback requirements are as follows:
1. The front yard setback shall be a minimum of 35 feet,
except 50 feet shall be required where the I-P zone abuts a
residential zoning district.
2. On corner lots and through lots the setback shall be a
minimum of 20 feet on any lot facing a street, however, the
provisions of Chapter 18. 102 (VISUAL CLEARANCE) must be
satisfied.
3 . No side yard setback shall be required except 50 feet shall
be required where the I-P zone abuts a residential zoning
district.
4. No rear yard setback shall be required except 50 feet shall
be required where the I-P zone abuts a residential zoning
district.
5. All building separations must meet all Uniform Building
Code requirements.
D. Except as otherwise provided in Chapter 18.98 (BUILDING HEIGHT
LIMITATIONS), no building in the I-P zoning district shall #
exceed 45 feet in height.
E. The maximum site coverage shall be 75 percent including
buildings and impervious surfaces.
F. The minimum landscaping requirement shall be 25 percent. f
18.68.060 Additional Requirements
A. Off-street parking and loading, Chapter 18. 106 ?
t
B. Access and egress, Chapter 18. 108
C. Landscaping and screening, Chapter 18. 100
D. Signs, Chapter 18. 114
E. Nonconforming situations, Chapter 18.132
F. Sensitive Lands, Chapter 18.84
C
III - 109
MEMORANDUM OF UNDERSTANDING
DATED SEPTEMBER 28, 1984
TO: RESIDENTS OF CHERRY ST., ROLLING HILLS SUBDIVISION NO. 2, LOT
NOS. 39-43
FROM: WESTERN INTERNATIONAL PROPERTIES, DEVELOPER OF TECH CENTER
BUSINESS PARK
BACKGROUND
On September 4, 1984, the Tigard Planning Commission passed a
motion requiring a 50 foot set-back from the north property line
for the parking lot of the subject project within which the
"natural" landscape was to be left undisturbed. This motion was
based on Para. 11.5.1.0 of the Tigard Comprehensive Plan. These
provisions of the Plan were not considered in the Site Development
3
Report prepared by the Tigard planning staff because they have not
yet been incorporated into the Community Development Code. The
i
design standard in the Community Development Code requires a 50
foot building set-back from the property line within which parking
may be contained. The developer is providing a set-back of 21-31
feet for the parking lot and 69 b 79 feet for the buildings B & C
respectively and believed these distances were in compliance with
the Community Development Code prior to the Planning Commission
hearing.
On August 15, 1984 the developer met with the Neighborhood Planning
Organization No. 5 (NPO) to discuss a revised site plan which
changed the number of buildings from four to two with truck
parking completely screened from view by an interior courtyard
formed by the shape and dimensions of the buildings. These changes
were made by the developer in response to concerns raised by the
NPO and in an effort to increase neighborhood compatibility. One
result of the design change was a decrease in the parking lot
set-back; however, the revised set-back remained in compliance with
the Community Development Code. The NPO reaction to the design was
favorable and the City staff recommended approval of the project
(See attached minutes of NPO meeting of August 15, Exhibit "A").
1
f
i
The developer then reviewed the set-back and landscaping with the
staff and an appellant, Mr. F. C. Jensen. Additional design review
by the developer resulted in increased parking lot landscaping and
an increase in the parking lot set-back from a uniform set-back of
20 feet to the 21 to 31 feet now provided, but the appellant
decided to go forward to the Planning Commission. However, since
the NPO and Planning staff had approved the set-backs, the
developer approached the Planning Commission hearing believing the
revised design to be in compliance with the code.
The issue of the 50 foot parking lot set-back in the Comprehensive
Plan was first raised by an NPO representative during the Planning
Commission hearing. The developer requested permission to discuss
the issue further with the adjoining neighbors and NPO, but the
Planning Commission declined to grant this opportunity on the
ground that the Comprehensive Plan did not provide any flexibility
in the matter.
The situation is now such that the Planning Commission has acted on
a policy in the Comprehensive Plan as if it were part of the
Community Development Code, however, the developer can not apply
for a variance because the policy has not been incorporated as a
standard in the Code. The residents desire the 50 foot parking lot
set-back, but are willing to permit the parking lot set-backs of
21-31 feet as proposed by the developer to be approved in
consideration for the developer providing the items agreed to
below.
It is understood by the parties that this agreement is an attempt
to resolve a specific situation and is not to be construed by the
Planning Commission or City Council as setting a precedent for
reducing the set-back in other circumstances where it may be
applicable. Accordingly, the parties will seek adoption of this
agreement by the City Council as resolution of these matters.
2
r
CONSIDERATION
In lieu of providing a 50 foot set-back of the parking lot from the
north property line of Tech Center Business Park, as required by
Para. 11.5.1.0 of the Comprehensive Plan, Western International
Properties (developer) agrees to provide the following:
1. Sanitary Sewer
An eight inch sanitary sewer line within the easement running from
the west property line of Tech Center Business Park Lot No. 2 to
the south terminus of SW 74th Ave. This sanitary sewer will connect
to the sewer being constructed by the developer along the west
property line of Lot No. 2 (See Exhibit "B") . Connections will be
provided in the line to receive sewage from Lot Nos. 39-43, Rolling
Hills No. 2. The developer will pay for materials and labor to
install this sewer line to city specifications; the owners of the
subject lots will pay for materials labor and fees for connecting
their houses to the connection points provided by the developer.
The subject lot owners may elect to have the developer include the
materials and labor costs of connecting their houses to the line in
the Tech Center Business Park co s ruction contract, with lot
poet-U—Ot
owners to reimburse the developer for I
the construction costs and
connection fees charged by the City of Tigard. The developer will
coordinate and supervise the installation of these connection lines �.
should the subject lot owners opt for construction by the
developer's contractor. Firm construction bids by the developer's
contractor will be furnished to the subject lot owners on request.
The developer will furnish a drawing and cost estimate of the
sanitary sewer prepared by a registered civil engineer as the basis
for a performance bond to be secured prior to 3mea se-ee• of a
building permit for the Tech Center Business Park. This drawing is
attached as Exhibit "B".
2. Landscaping
A sight-obscuring hedge will be planted by the developer in one
construction phase prior to completion of building construction at
the earliest planting season. This hedge will be of a species and
3
j planted in sizes sP
ecified on the attached drawing and planting
t list, Exhibit "C". All plant materials to be installed in the
lot set-back from the north property line will be included
parking the developer
in Exhibit "C" and a performance bond furnished by
prior to issuance of a building permit. The developer will adjust
the landscaping plan to individual lot conditions as specified in
Exhibit "C11-
3. Covenants
The developer agrees to record all easements
c 1 Bt and C ofcLoteNo. 29
specifications for the buildings on p
Of
Tech Center Business Park as additions
rto the Declaration, 1981 Sch
Covenants, Conditions and Restrictions recorded Jul
conditions to include, but not be limited to:
a, Traffic Circulation: Vehicular traffic
shall be limited
the established pattern according to the building n
site plan, and ingress and egress between buildings B
and C shall be excluded from the northerly side.
L b. Signage: No advertising signs shall be permitted on the
northerly sides of buildings B and C and signage desig-
nations shall be limited to directional or
identification type only above or upon building
entrances.
C. Lighting Shields: Shall be provided in such a manner
that no exposed bulbs or tubes shall be visible from
the northerly boundary of the property and shall not
t residential property to light there-
expose the adjacen
from.
d. Control of Diesel Truck Operation: Hours of Diesel
truck operation shall be limited to business hours and
shall exclude the period from 8:OOPm to 7:OOam.
Western International Properties
Date
James
Neuman, General Partn
4
i
RESIDENTS' APPROVAL
In consideration for the above items, the owners of the subject
lots hereby approve and petition the City Council of Tigard to act
as required to approve a parking lot set-back of 21-31 feet from
the north property line of Tech Center Business Park Lot No. 2,
a
recognizing that such action is to relieve a procedural impasse and
is not to be construed as setting a precedent for reducing the
required set-back in other circumstances where it may be applied.
Lot No. 39, Rolling Hills No. 2
7490 SW Cherry St.
O 00,
� ATE
Lot No. 40, Rolling Hills No. 2
7470 SW Cherry St.
DATE /'O .3
Lot No. 41, Rolling Hills No. 2
7450 SW Cherry St.
DATE /04 _ DATE le ZOav
Lot No. 42, Rolling Hills No. 2
7430 SW Cherry St.
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Lot. No. 43, Rolling Hills No. 2
7410 SW Cherry St.
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DATE ie • ATE
7
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EXHIBIT "At'
.�
Neighborhood Planning Organization #5
August 15, 1984, at City Hall with the following
NPO *5 met on Aug �taubert, Edmonds, IIopkins, Saoorta.
meriY,ers in attendance: -
Bieker and Takahashi were excused.
Failing to have a quorum,
no formal action was taken. Atendina
members reviewed agenda items to see if consensus could be developed.
Tech Business Center
Western International: of development
ew ar sing rom approval
20-foot land-
T swas a rev owners
appeled
plans. Adjacent residential proPertvrequ testing a F0-foot buffer as
scape buffer that was�approved,lans propo Western International
se:'
Western International s
first p and full street improve-
appealed conditions for railroad crossing
asking for deletion of sidewalks on th eauater�as�design agreed 'E
ment, buffer approved
that 20-foot landscape roved by NPO
45 mitigated effects of truck
viously reviewed and app gould not benefit Western Inter-
loading. As railroad crossing
applicant for removal of sidewalks
national, members felt that t`�is sliould not Lie requirement for eV"
eloptnent. Members also supported dewalks were not required for previous
as requirement because (1) sidewalks will be a con- €
development on same side of street and C. `
dition of approval across the street.
Richard smith: Hillto Business Center
s to es qn or complex at Fun Concern and 72nd Avenue con-
.eV ew o 85,000 square feet. Concern centered
taining four buildings totaling from inadequate setbacks and pro-
on inadequate landscaping These items would
within parking areas.
_ visions for landscaping An additional concern was
have to be addressed prior to approval.
the provision for use of reflective
reflectionlass sacast ontoeresidences
area. Both the visual impact
were viewed as detrimental. Height of the buildings was also a conce •
Other business will focus on Hall Boulevard and DurhamaRoad. as
e
$e'pem er meeting
well
Representatives from C tymeetingaof�:�lPOWashington County,
of s5and 6. As this has
State, willjoin a
item of concern, please make every effort to attend.
been a major
Craig Hopkins invited input on Civic Center Complex.
T-1e adjourned at 9:45 p.m.
Res tfullJy�. .
Gerald Edmonds
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FMIBIT
PLANT LIST
i
NO. HOTANNICAL NAME COMMON NAME SIZE COMMENTS
Trees
22 Acer circinatum Vine maple 8-10' Multi-stemmed
specimen
3 Acer palmatum Japanese maple
24 Acer rubrum Red maple 2" Cal.
3 Cornua Florida Flowering dogwood 12-14'
117 Pinus contorts Shore pine 10-12 '
6 Pinus densiflora Japanese red pine 10-12 '
34 Pseudotsuga menziesii Douglas fir 8-10'
46 Quercus borealis Red oak 2" Cal.
16 Zelkova serrata Sawlead zelkova 6-8'
Shrubs
192 Abelia grandiflora "sherwoodii" Glossy abelia 5 Gal.
10 Azalea mollis Mollis azalea 30-36"
235 Azalea Hexe Hexe azalea 2 Gal.
Mahonia aquifloria compacta Oregon grape 5 Gal.
Pieris japonica Japanese andromeda 18-24"
10 Rhododendron "Mrs. Furnival" Rhododendron "Mrs. 24-30"
Furnival"
10 Rhododendron unique Rhododendron unique24-30"
95 Spiraea thunbergii Japanese spiraea 3 Gal.
20 Viburnum davidii Viburnum 5 Gal.
Ground Covers
46,375 Hedera helix hahns English Ivy Flats 12" O.C.
46,280 Hypericum calycinum Aaron's beard Flats 12" O.C.
Note: The plants used particularly for buffering the neighbors' properties
are the following:
15,726+ Hedera helix hahns English Ivy Flats 12" O.C.
sq.ft.
29 Pinus contorts Shore pine 10-12 '
40 Pseudotsuga menziesii Douglas fir 8-10'
5 Rhododendron (species to be
selected by prop.41)plus the
choice of a hedge,
120 Cupressocyparis leylandii Leyland Cypress 5 Gal. 4' O.C.
— Alternate Choice:
96 Calocedrus decurrens Incense Cedar 5-6' 5' O.C.
t
4
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O%zgi�- 141
0 r..�
a-
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CITY OF iIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: AGENDA ITEM #: 1 c
DATE SUBMITTED: PREVIOUS ACTION: _
ISSUE/AGENDA TITLE: Ordinance
Providing for Documentation of REQUESTED BY: Development Services
Sanitary Sewerage Regulations Department ,.
DEPARTMENT HEAD OK: V � CITY ADMINISTRATOR:
INFORMATION SUMMARY
1. On September 8, 1970, the City entered into an agreement with Unified
Sewerage Agency of Washington County, whereby the City agreed to enforce
sanitary sewerage regulations and charges as promulgated by said Agency.
2. Beginning in the summer of 1982, U.S.A. enacted major regulation and
charge revisions, all of which are included within the attached (proposed)
ordinance.
3. Said regulations and charges have been documented by U.S.A. but, have yet
to be documented by the City.
4. Said regulations and charges need to be codified, by reference, within the
City's Municipal Code. The text of said regulations being collated into
'manual format' to provide for administrative convenience and also, ready
staff•-public access.
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
Pass the ordinance titled: "AN ORDINANCE PROVIDING FOR DOCUMENTATION OF
UNIFIED SEWERAGE AGENCY'S SANITARY SEWERAGE STANDARDS, RULES AND REGULATIONS
AND RATES AND CHARGES.
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: October 8,
1984 AGENDA ITEM h:
t 25, 1984 PREVIOUS ACTION: Prior Approval
DATE SUBMITTED: Sep
ISSUE/AGENDA TITLE:
REQUESTED BY: pwnerS
OLCC License lication
1. CITY ADMINISTRATOR:
DEPARTMENT HEAD OK: 11
t
INFORMATION SUMMARY
The applicant has added a partner, which requires an amended application to O.L.C.C.
Business: 7-Eleven Food StoreTi and
13235 SW Pacific Hwy. , g
Owners: 1. MORI, Kenji
DOB: 6-6-40
2. MORI, Matsumi
DOB: 11-18-4
Address: 13755 S.W. Rawhide Ct. , Beaverton, OR
0
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
Reccmrend application approval, and forwarding to O.L.C.C.
C Respectfully.
R.B.
� ,aan`►S
Chief of Police
MEMORANDUM
September 20, 1984
TO: Chief Adams, Police Department
FROM: Penny Liebertz, Finance Department
SUBJECT: OLCC Liquor License Application
Please review and have recommendation to us by Wednesday, October 3rd so we may
include it in the packet for the October Sth Council Meeting. Thanks.
PS 7-Eleven Food Store
13235 SW Pacific Highway
Tigard OR 97223
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CITY OF TIGARD, OREGON
C COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: October 8, 1984 AGENDA ITEM #:
DATE SUBMITTED: October 3, 1984 PREVIOUS ACTION:
ISSUE/AGENDA TITLE: Approve Tigard
High School Building Permit Fee PREPARED BY: W.A. Monahan
Waiver REQUESTED BY: W. A. Monahan
DEPARTMENT HEAD OK:
? CITY ADMINISTRATOR:
�;,1��
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INFORMATION SUMMARY
Tigard High School's Building Construction Careers, Inc., has requested a fee
waiver for the construction of a single family home. For the past few years,
the Council has waived permit and plan check fees.
----------
ALTERNATIVESTERNATIVES CONSIDERED
1. Waive permit and plan check fees for Building Construction Careers, Inc.
2. Deny the waiver request.
sass ssz:sass:zassas:azsasaszaaaa sssaasssaasasz=a===sass--=zass=a=ss==aasssas-as
SUGGESTED ACTION
Staff recommends that the Council waive the permit and plan check fees for
Building Construction, Inc.
C
(0683P)
MEMORANDUM
CITY OF TIGARD
TO: Tigard City Council
FROM: E. T. Walden, Building Official
DATE: September 26, 1984
SUBJECT: Tigard High School Building Permits
Tigard High School has for the last six years conducted a class in Home
Construction at Tigard High School. They formed a nonprofit organization
called Building Construction Careers Inc , and as part of the program they
have constructed a new home each year.
This has proved to be a great benefit to a number of High School Students.
Last year, the City Council waived the permit and plan check fees.
This year, the High School has requested this benefit again. They will pay
the sewer hook-up fees, the street and park development fees, and the storm
drain fee. Also the plumbing and mechanical permits.
If the Council desires to waive the fees again this year, the staff would
recommend this action.
(0651P)
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY 1
AGENDA OF: October 8, 1984 AGENDA ITEM #:
DATE SUBMITTED: October 2, _L984 PREVIOUS ACTION:
ISSUE/AGENDA TITLE:
M A C C REPORT FOR SEPTEMBER, 1984 PREPARED BY: Joy Martin
REQUESTED BY: COUNCIL
DEPARTMENT W OK: _ CITY ADMINISTRATOR:
sa:sssssasasssssaasa:::a:ssassasssass sassssaaasasassasass-----------------
INFORMATION
-:sass--:asassssINFORMATION SUMMARY
The Metropolitan Area Communications Commission met for their monthly meeting
on September 19, in Beaverton. The minutes from the meeting will be submitted
with the monthly department reports, however there are some items which may be
of interest very soon. These items are outlined below:
1. Consideration of the COMMUNITY ACCESS RULES AND PROCEDURES: A public
hearing is scheduled for Tuesday, October 9 at 7:30 p.m. at Beaverton
E City Hall. Attached is the public hearing notice and a copy of the
proposed rules.
2. Fiscal Year 1983-84 AUDIT and MANAGEMENT LETTER: The audit was received
and accepted. Copies may be obtained at City Hall.
3. MACC 1983-84 ANNUAL REPORT: The Annual Report was accepted and a copy
is attached.
sssas ssssssasassa:::sagass:saasssasasasssssasa-assaaaasssaaassaasasss sssassssas
ALTERNATIVES CONSIDERED
sasassssaassssasssassssssassssasasasassassssssssssaasssassasss:sssssssssassasss
SUGGESTED ACTION
I r'
ACCUMULATED TIME EARNED
AS OF AUGUST 31, 1984
(Expressed in hours)
FLOATING APP. INTMENT SICK
DEPARTMVACATION ENT HOURS LEAVE
ACCRUAL HOLIDAY
HEAD 15 567
Adams, Robert 229.67 O 16 266
708 13 355.5
Currie, Frank 8
g4 288
Jean.ErtelRobert296 Irene 0 16 16 172.25
Jean, 8
Monahan, William 43.67 8 16 109
Widner, Jerri 162
COMP APPOINTMENT SICK
ADMINISTRATION VACATION FLOATING TIME HOURS LEAVE
—
IDAy
AC� —
11.75 11.25 106.5
Corbet, Donna 45.5
55 8 15.5 167.25
Martin, Joy 113 8
If there are questions regarding the above report, please call Cindy Cranston
at Extension 44.
4,
ACCUMULATED TIME EARNED
AS OF AUGUST 31 1984
(Expressed in hours)
FINANCE/SUPPORT VACATION FLOATING COMP APPOINTMENT SICK
ACCRUAL HOLIDAY TIME HOURS LEAVE
8 12.5 10.5 111
Cindy 13
Cranston, 47 14 584
Hartig, Doris 399 8
.75 5.5 117.75
Liebertz, Penny 45.5 g 162.75
Martin, Patricia 71.33 8 32 32.25 111 1 74
Murray, Lowana 150.5 8 0 15.5 195
Robertson, Pat 53.25 8 71
Stevens, Randy 170 8 53.5 10.5
Wilson, Loreen 219 8 34.25 11.5 20
If there are questions regarding the above report, please call Cindy Cranston
at Extension 44.
ACCUMULATED TIME EARNED
AS OF AUGUST 31 1984
(Expressed in hours)
t
LIBRARY VACATION FLOATING COMP APPOINTMENT SICK
ACCRUAL HOLIDAY TIME HOURS LEAVE
Clingan,GeorgeAnn 94 8 11.75 16 172
Hawes, Karrin 91.25 8 .25 11.75 156
White, Bobby 173 8 .5 16 151.5
If there are questions regarding the above report, please call Cindy Cranston
at Extension 44.
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ACCUMULATED TIME EARNED
AS OF AUGUST 31 1984
(Expressed in hours)
PLANNING & VACATION FLOATING COMP APPOINTMENT SICK
LEAVE
DEVELOPMENT ACCRUAL HOLIDAY TIME HOURS
8 0 16 156
Bill 42
Beckley, 67 11.25 16 211.5
.
Clarno, Randy 30 8 14.5 8 454
Hagman, John 99.75 37.25
g 12.25 16
Jelderks, Diane 72 8 39.25 9 56
Liden, Keith 56 0 7.5 272.25
Newton, Liz 45.5 8 194.5
8 42.25 16
Brad 66
Roast, 7.5 13 534
8 1
Thompson, Robert 44 16 274.5
8 7
Walden, Ed 242.5 .25 13 15.5
Zielinski, Colleen 11.5 8
If there are questions regarding the above report, please call Cindy Cranston
at Extension 44
ACCUMULATED TIME EARNED
AS OF AUGUST 31, 1984
(Expressed in hours)
PUBLIC WORKS - VACATION FLOATING COMP APPOINTMENT LEAVE
Administration ACCRUAL HOLIDAY T
IME�r40.75
Rawlings, Billie 80.75
0 0 11.5
PUBLIC WORKS - VACATION ^LOATING COMP APPOINTMENT SICVE
Ooratns/Maint ACCRUAL
HOLIDAY TIME HOURS
15.75 16 136 14
Avery, Wally 103. 8 32
Belcher, Trudy 29.55 16 16
3825 8 . 58
Dickman, Alfred 113.67 8 0 1S 40
Duda, George 48 64
24 8 0 16
Eddy, Glenn 8 .5 16 40
Hand, Eric 48 12
8
16.5 0 16
Landis, Bob 8 0 16 14.07
Latham, Eduard 32.5 8 12.25 16 141
McNatt, Robert 182 15 16 132
McNurlin, Jerry 124.33 8 138.5
Rivett, Steve 84.67 8 59.25 15 36
Tracy, Ben 130.33 8 13.75 16 138
Walker, Melvin 156.67 8 34 16 34
Williams, Russ 62.67 8 .75 16
Zielinski, Walter 7.5
g 2.75 16 236.5
If there are questions regarding the above report, please call Cindy Cranston
at Extension 44.
ACCUMULATED TIME EARNED
AS OF AUGUST 31,
(Expressed in hours)
VACATION HOLIDAYS COMP APPT. SICK LEAVE SICK ACCRUAL TIME
POLICE HOURS ACCRUAL USED
-----
3.5 16
100 0
Boothby, Erick J. 84 82FH 38.75 16 584
Branstetter, L 240 8 FH 11.75 16 S92 1
Carrick, Alice 248 51.5 0
Crow, Sandra 72 17.5 72 8
Cummins, Brian 60 15
84 480
deBrauwere, Rich 54 62 52.25 8
DeVeny, Darwin 38.5 0
DeVeny, Lori 14 S6 2 8
48 2
Featherston, John 44 .25
Goldspink, John 40 836 32.5 26 0
Grisham, Joseph 111.33 52 4.5
Guarnero, Carol 84 38.5 308
Harburg, Robert 132.33 19.5 15 316.5
8 FH
Jennings, Kelley 173.67 30.75 8
3S 32 80 ML
Johnson, Paul 4 85 1.25 0
Killion, Teresa 12 41.5
Killion, Thomas 154 48 18.25 416
Martin, Charles 136 8 16 462
0
Merrill, Halbert 66 11
16 81.75 24
Myers, Don 7.34 16 14 8
3
Nerski, John 0 6 0 8
Newman, John 56 116 39.5 0
Newman, Robert 32 13.25
Ober, Steve 96 8 191
51.33 32 24 0
Peterson, Rick 24 2.25 ;
Bowden, Karen 20.01 12.75 92
i 24 64 !
Schober, Eric g FH 23 16 592
Wheeler, Robert 174
garding the above report, please call Cindy Cranston
If there are questions re
at Extension 44.
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NETROPOLITAN AREA SION
CO MI
CATIONS COMS
N, 4E12655 S.W. Center Street • Suite 390 • Beaverton, OR 97005 • (503) 641-0218 / 64 1-0166
September 12, 1984
TO: MACC BOARD OF COMMISSIONERS
FROM: Andrew C. Beecher, MACC Staff to Access Committee
RE: MACC Community Access Rules and Procedures
I have submitted for your review a draft of the MACC Community
Access Rules and Procedures which the MACC Access Committee
recommends for your adoption. These are intended to be the
regulations under which Storer Metro Communications, Inc.
operates the MACC access program including equipment, facilities
and access channel use by the community.
The Franchise Agreement, in Section 8.3. , authorizes the
Commission to develop and implement rules for the use of the
community access channels " . . to ensure that these access
channels will be free of censorship, open to all residents of the
franchise area and available for all forms of public expression,
community information, and debate on public issues. .
MACC Staff suggests the following procedure for the Commission's
review of these rules and procedures:
1 . Presentation by MACC Staff to the Board at the September
Commission Meeting.
2. Formation of an ad hoc committee to conduct a public
hearing.
3. Public hearing on an evening between the Commission's
September and October meetings.
4. Additional public hearing before the Commission at its
October meeting .
5. Commission deliberation and adoption at its October
meeting .
(1 )
METROPOLITAN AREA COMMUNICATIONS COMMISSION
September 12, 1984 '
{ TO: MACC Board of Commissioners
RE: MACC Community Access Rules and Procedures }
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The development of these rules was initiated by MACC Staff in #
December 1983. We first reviewed the operating rules of twelve
community access centers from around the country, including t
centers operated by both cable companies and nonprofit access a
corporations. In addition, we spoke with representatives of some
of these organizations about specific clauses in their documents.
During this time we also participated as users of Storer Metro' s
community access program and spoke with other users about their
experiences in obtaining training, equipment and channel time.
Next, we developed a draft set of recommended rules for the
Access Committee's consideration which incorporated the input
received from other sources. Problems identified by access
users, potential users and other access providers during this 4
process caused us to be very specific in some areas of the
draft. In other areas, we felt that minimal regulation would be
more appropriate, allowing Storer Metro to exercise its
discretion. Our intent was to develop a set of rules which would
not overburden the cable operator in administering them, the user
in obtaining access under them, or MACC in monitoring compliance
to them, but which would provide optimum access to the most
people while being fair and equitable to all involved.
The Access Committee then reviewed and revised the draft, a
process which lasted from February 1984 into early September
1984. The Committee, which represents the users, the MACC member
jurisdictions and Storer Metro Communications, Inc. , found that
there were some significant differences of opinion in some areas
of regulating community access activities. Lengthy discussions
ensued on several topics, but in most cases a consensus was
reached on language to be incorporated into the Committee' s
recommended draft.
The following pages outline the draft of the MACC Community
Access Rules and Procedures which you have received herein.
C
(2)
MACC COMMUNITY ACCESS RULES AND PROCEDURES
OUTLINE_
SECTION I - INTRODUCTION
t of community access,
Section I is an introduction to the concept statement of the
Sectio jurisdiction and Storer Me aro'briefinistration of access
MACC*S
the
franchise area, program-
in
responsibilities of the user and Storer Metro in this
Discussionto
discussion centered on whether MACC has uiementu e authority and
Some di Procedures for access equipment +
develop rules and P representative recognized
training. While Storer Metro's rep rules for access to
responsibility for developing rules
MACC's equipment and training 5
channel time, she maintained hMetro. P However, the Committee
Storerthe Franchise Agreement
should be developed they clause in access channels
determined that govern the community s equipment use
authorizing MACC to g guidelines for eq P
implied that MACC should also set 9 aspects of
and training,
without which access to channel time would e
"academic" . The rules for all three of these as
community access must be consistent with one another.
t SECTION II - ELIGIBILITY to use the
Section II sets the ground rules for eligibility
MACC/Storer Metro access program.
Discussion access
enerally in agreement that community or
The Committee was g should be limited to those living
equipment and training This position was taken in
working in the MACC franchise area- ro rams in the area
spite of the
su h access onregionalomore r gionaless Pbasis.
which allow reater
It was determined that, since channel time wo
ction equipment, access to channel time
uld be in 9
abundance than pro
onresidents of the franchise area,
would be made available to n
on a limited basis.
SECTION III - PROGRAM OWNERSHIP/COPYRIGHT/CREDIT
ht of ownership by
the
the programs they produce, and
This section is intended to establish the rig
access producers of producers' distribution of their
limitations upon the access p
programs.
(3)
Discussion
This was probably the most problematic section for the
Committee, since at the time the first draft of the rules was
submitted for review, Storer Metro had been requiring that the
copyright to each access program be turned over to them. MACC
Staff had received numerous complaints that Storer Metro was
editing a copyright statement at the end of each program,
identifying it as belonging to the company. MACC Staff and the
Access Committee objected to this practice, maintaining that it
wigs detrimental to both Storer Metro and the access user.
Would Storer Metro want to take legal responsibility for all
access programs into which its copyright statement had been
edited? Would local residents and organizations not be
frightened away from community access when they are told that
the program that they produced belongs to the cable operator?
Furthermore, Storer Metro was telling access users thet their
tapes would be erased after they had been cablecast, and that
the user could not have the original .
Storer Metro maintained that they were trying to protect
themselves and the overall access program from people who were
using their equipment and tape for non-cable purposes, such as
for recording weddings and for closed-circuit playbacks in
commercial situations.
The Committee decided to recommend that ownership of programs
should rest with the User, but that it must be his/her intent
to produce a program for community access use. In addition,
the definition of "community access use" would exclude
programming "for private gain, political campaigning ,
commercial use, or solicitation of funds" .
There was some discussion on whether it would be inappropriate
to prohibit political campaigning and solicitation of funds
from the access channels. Consensus was reached on prohibiting
solicitation of funds, but an additional section would be
necessary for political cablecasts (see Section V.C.2.e. , page
18) .
In addition, a section elaborating rules for videotape
provision and retention was deemed necessary (see Section
IV.H. , page 14. ) .
SECTION IV - USE OF COMMUNITY ACCESS FACILITIES
This section identifies the equipment available, how the user
will be given access to it and the restrictions placed upon such
use to maintain an equitable and effective access program.
Discussion
The two areas in which there was significant difference of
opinion between Storer Metro's representative and other
Committee members were the provisions for equipment use
priorities (Section IV.E.4. , page 12) and videotape use
(Section IV.H. , page 14) .
(4)
MACC Staff recommended that certain priorities be given for
equipment use and training. Although we are all generally
committed to a "first-come, first-served" approach to access,
we are concerned that such a criterion, if not augmented with
some minimal additional controls, would inhibit certain types
of access, due to their nature.
First, the Access Committee determined that serial users, i.e.
those who produce series programs, should be afforded a higher
priority level for equipment and channel use than do one-time
users. This prioritization for serial programs would permit
successful serial producers to continue producing their
programs and airing them in the same time slot. This allows
them to develop and keep an audience. The rules as submitted,
also contain provisions whereby this priority for serial
producers would gradually diminish, since the producer of such
a series will have had time to develop an audience which would
ostensibly "follow" the program to a new time slot.
The other priority provision in Section IV gives MACC priority
use of one mobile production vehicle ( "van" ) . MACC Staff
justified this for the reason that government access in a cable
franchise with fifteen jurisdictions would require ongoing
access to a van for their productions. Coverage of city
council or county commission meetings, for example, which are
intended to be ongoing series, should not be pre-empted by a
nongovernmental program. `
Storer Metro's representative took exception to both of these
priority provisions, but they were adopted for recommendation
by the Committee.
S
Much discussion focused on the videotape provisions in Section
IV.H. Storer Metro has agreed to allow the access user to make s
a copy of their program, but not to purchase the original, nor
to use their own videotape to produce the program, nor to #
retain the completed program longer than sixty days. Storer
Metro apparently feels that a significant number of access
users are utilizing Storer Metro's equipment to make programs
for their own use and not to share with a cable television
audience. While the Access Committee agreed that it must be
the intent of the user to cablecast a program on a community
access channel, protection against abuses, i.e. commercial
uses, etc. already exist in these rules. The Access Committee
and MACC Staff agreed that:
- Access users should be able to use their own tapes;
- Storer Metro should be able to establish a maximum retention
time for completed tapes, if in fact they provided the raw
tapes to the user;
- Storer Metro need not sell tapes to the user if they allow
C the user the option of providing their own tape, and if
Storer Metro makes it clear to the user at the outset that
using Storer Metro's tape means that the original will be
erased; and
(5)
Storer Metro should retain any tapes it has provided the
user as "work tapes" (see definition in Appendix "B" ) at
least until the final program has been submitted for
cablecast.
SECTION V - CHANNEL ACCESS
Section V explains the differences between the public,
educational and government access channel , details the technical
and content standards for these, and identifies the rules and
procedures for acquiring time on them.
Discussion
The provisions in this section for prioritization of requests
for channel time, for the same reasons as in the provisions for
prioritization of equipment time (Section D.7. , page 22) , were
the cause of lengthy discussions. However, the Access
Committee chose to retain its priority criteria in the access
rules.
The content and technical standards developed in this draft are
fairly common for community access providers and were adopted
unanimously by the Committee. The "Candidates for Public
Office" provisions in Section V.C.2.e. , page 18, however raised
the question as to whether we should place any limitations on
political cablecasting . The Committee opted to disallow
political advertising, but to allow other types of appearances
by candidates.
SECTION VI - DENIAL OF USE OF FACILITIES AND CHANNELS
This section is intended to identify those practices by access
users which would be detrimental to the MACC/Storer Metro
community access program and to authorize Storer Metro to
establish fair and equitable sanctions for these infractions.
Discussion
Discussion on these rules was relatively brief, as the
Committee agreed upon the list of infractions and allowing
Storer Metro to exercise its own discretion in establishing
sanctions.
SECTION VII - PUBLIC RECORDS
This section requires Storer Metro to maintain records of their
cablecasts, equipment and channel use, and program schedules.
(6)
Discussion
At the last meeting
of the MACC Access Committee, a letter from
a representative of Storer's Regional Corporate office was
read, indicating that they would like to see this provision
deleted.
The letter explains that Storer Metro does not feel that a log
of actual access cablecasts is necessary, and that the listings
which are printed in the Times Newspapers should suffice. In
and
addition, Storer Metro maintains that the access equip
ment channel time forms should be kept discrete and not be available
to the public without MACC's permission in each circumstance.
The Access Committee opted to retain the provisions.
4
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METROPOLITAN AREA COMMUNICATIONS COMMISSION t
COMMUNITY ACCESS RULES AND PROCEDURES PA
GE
• 1 - 2
I , INTRODUCTION 1
losophy1
A. Access PhiCommunity Access Rules and
B. Establishment Of 2
Procedures Responsibilities 2
C. Access Users Responsibilities
D. Storer Metro' s
3 - 4
II . ELIGIBILITY 3
3
A. ResidencyEuipment Use 3 - 4
and q
1 , Training 4
2, Channel Access 4
B. Non-discrimination
C. Age 5 - 6
III . PROGRAM OWNERSHIP/COPYRIGHT/CREDIT 5
5
A_ Ownership 5 j
B. Intention 5 $4
C. First Use Acknowledgement 5 - 6
D. Cable Operator onDistribution
Restrictions Upon Distribution of Community
E. 5 E
Access Programs 6
I . "Dub Order" Forms
6
2 , Leased Access6
3, permissible Distribn ibyy Storer Metro
4, Program Distribution
or MACC 7 - 13
IV . USE OF COD9MUNITy ACCESS FACILITIES 7
-
A. Facilities Available 7 8 8
B. No Cost to Users 8
C . Certification/Training 8 - 9
D. Local Use Rules and Procedures 6
E. Equipment Scheduling Access
1 , Compliance with the Community 8 - 9
Rules and Procedures 9
2, Making a Reservation tion 9
3, Cancelling a Reservation
10
4, Use Priority Frequency of Use10
5, Length and Equipment 10
a, portable "EFP" ui t 10
b, Audio or Video Studio E9 pmen10
C. Editing Equipment cle (Van)
d, Mobile Production Vehi11
11
6, PeciodMalfunctionsOf yor Other
7, Equipment
Unavailability
C
i
COMMUNITY ACCESS RULES AND PROCEDURES
11
F. Liability of User 11
G. Treatment of Equipment/Facilities 11 _ 13
H . Videotape Provisions 11
1 . Tapes Provided by Storer Metro 12
2 . User-Provided Tapes: Ownership 12
3. Tapes Kept On/Removed From Premises 12
4. User-Requested Copies ( "Dubs" ) 12
5. Storer Metro or MACC Copies 13
6. Tape Retention/Notification of Erasure 13
a . Tape Retention 13
( 1 ) Master Tapes Provided by
Storer Metro 13
( 2) Work Tapes Provided by
Storer Metro 13
( 3) All Tapes Provided by
the User 13
b. Notification 13
7 . Tape Purchase
14 - 21
V . CHANNEL ACCESS
A. Channels Available 1414
( 1 . Overview 14
` 2. Channel Assignment 14
B. No Cost to Users 14 - 16
" C . Program Standards for Community
Access Channels 14 - 15
1 . Technical Standards 15 - 16
2 . Content Standards 15
a. Advertising of Commercial
Products or Services 15
b. Obscene Material 15
C. Lotteries 15
d. Copyright Infringement 15 - 16
e . Candidates for Public Office 15 - 16
(1 ) Public Proceedings and
Candidates Forums 16
(2 ) Personal Appearances
f . Slander , Libel , Invasion 16
of Privacy 16
g . Acknowledgements of Program
Sponsors 16 - 21
D. Channel Access Scheduling 16
1 . Channel Administration 17
a. Public, Educational and
Special Purpose Access 17
b. Government Access 17
C . Leased Access 17
2 . Making a Reservation 17
a, Public, Educational and
Special Purpose Access 18
b. Government Access
ii
COMMUNITY ACCESS RULES AND PROCEDURES
' r-
t 18
3. Submitting of Tapes 18
4. "Live" Programs 19
5 . Character Generation 19
6. Cancelling a Reservation 19 - 21
7. Prioritization of Requests
for Cablecast Times 21
8. Storer Metro Scheduling
Responsibilities
22
VI . DENIAL OF USE OF FACILITIES AND CHANNELS 22
A. Reasons 22
B. Sanctions
23
VII . PUBLIC RECORDS
VIII . PUBLIC NOTIFICATION OF COMMUNITY ACCESS RULES
24
AND PROCEDURES
IX.
AMENDMENT OF COMMUNITY ACCESS RULES AND PROCEDURES 24
25 - 28
APPENDIX A Procedures for Handling and
Settling Unresolved Complaints
Regarding Community Access
"Metropolitan Area Communications Commission,
Resolution 83-1"
29 - 31
APPENDIX B Definition of Terms
C
iii
I . INTRODUCTION
r
A. Access Philosophy
access is intended to give local interests an
Community participate in community dialogue through the
opportunity to p
It is a means by which
residential subscriber netwOin. this area can communicate
persons living and working noncommercial basis ,receiving cable
distributing , and
their interests and concerns, on
through producing , programming -television and cable radio pro 9
articipating in the
Community access, which is a requirement of the Franchise
Agreement between the :municipalities P hereinafter
Metropolitan Area CommunicatMetto Commission,
Commun cations , Inc . ,
and Storer of
,,Commission" and
Metro" , guarantees that the medium
hereinafter be available on a first-come ,
cable television shall basis for local interests to
rights
to freedom of speech
first-served , nondiscriminatory nest for access
practice their first rovidedenthat gthe req
and expression. ocedures herein, an individual
complies w -h the rules and pr training in techniques for
shall be given access to
programming Production , to equipment and facilities , an °
cablecast time on an access channels
B. Establishment of Communit Access Rules and Procedures
Agreement , Section 8 • 3 ,
In accordar._e with the
Franchise
Paragraph (a) :
"Purpose. The public and community access channels
shall be governed by Commission or a designate
steal °
the
censorship, open to all
the Commission be order
eer of ensure that these
laforms
channels will
residents of franchise area and information
and debate
of public expression , community
on public issues. "
implement and
Access Rules and Procedures. In
The Commission and its staff shall deve oP� and
enforce the Community access facilities , channels
operating communitydminister rules and
training , Storer Metro shall aquestioningtthese rules and
Procedures. Appeals by persons questioning
of these rules the
procedures, nd
or Storer Metro' s disp 83-1
e COm
procedures, shall be addressed pcocessml (Resolutiong
Commission' s adopted comp These rules and
contained in Appendix "A" of these ru�he ) amendment process
procedures may be amended through
detailed in Section IX contained herein.
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MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 1
C. Access Users' Responsibilities
All persons who desire to participate in, or who are
partipating in, any aspect of community access programming ,
including training, equipment and facilities use, and
channel access, shall comply with the Community Access Rules
and Procedures detailed herein. Users shall treat the
equipment and facilities with respect and care and shall
respect the rights of others who utilize and provide
community access.
D. Storer Metro' s Responsibilities
Storer Metro, as the operator of a cable communications
system and the provider of community access training ,
equipment and channels as required by the Franchise
Agreement, shall comply with these Community Access Rules
and Procedures.
t
f
i
i
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MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 2
ELIGIBILITY
d to keep the MACC access
The eligibility rules are provide
by persons residing and
channels available primarily for use
However, persons and
working within the franchise area. may have programs,
organizations outside of the franchise
a of a interest to cable
or may desire to produce programs, for an
subscribers in the Storer Metro systeaztic�pateblintcommunity
access user (hereinafter "User" ) to p
access training, equipment use and channel access, shall be
based upon the following:
A. Residency
1 . Training and Equipment Use
raining and equipment shall be made
Community access t
available, upon request, to:
a. Private citizens who are residents of , who
conduct business or other operations in, Washington
County or other counties served by the MACC/Storer
Metro Franchise Agreement; and,
b. Public or private organizations, institutions and
groups which are located in, or which serve the
interests of , the communities served by
MACC/Storer Metro Franchise Agreement.
2. Channel Access
Channel access shall be made available, upon request,
to:
a. Private citizens who are residents Of ,Wwho
Washington
or r who
conduct business or other operations in,
County or other counties served by the MACC/Storer
Metro Franchise Agreement; and,
b. Public or private organizations, institutions and
are located in, or which serve the
groups which
interests of , the communities served by
MACC/Storer Metro Franchise Agreement; and,
c. Individuals, organizations and institutions not
represented in
"a" or "b" above:
(1) Except that when channel capacity is reached by
Users described in "a" and "b" , such(10% use
accounts for no more than ten percent
Of
the total time normally made available
for
access cablecasting on the appropriate public,
educational or government access channel ; or,
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MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 3
(2) the time at which a request is filed for such
use is less than seven (7) days prior to the
requested cablecast time and there is still
time available for access cablecasting on the
appropriate public , educational or government
access channel .
B. Non-discrimination
No person shall be denied training , equipment or channel
access on the basis of race, sex, age* , physical disability,
religious or political belief or affiliation, or the nature
of their programming interest.
C. Age
Applications by persons under the age of eighteen (18) to
attend training sessions and to utilize channel access and
equipment must be cosigned by an adult who shall assume
responsibility for the minor's activities.
*See age Restriction in Section II-C.
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 4
III. PROGRAM OWNERSHIP/COPYRIGHT/CREDIT
A. Ownership
Users of community access equipment, facilities, or
videotape provided by Storer Metro pursuant to the Franchise
Agreement retain ownership of the creative rights to the
may register and
programs that they produce, and they The may also
establish a copyright at their tions y
thereof, in accordance
duplicate their programs, or po
with these rules.
g. Intention
In producing a program with Storer e Minrowricommunity a access
their
facilities, the User shall a9 with the
intent is to reach franchise access residents channel on the
program, and to utilize a MACC
MACC/Storer Metro cable system to do so.
or
Programming produced in Storer Metro' s entaccess
intended eSstudios
with Storer Metro' s access equip , rivate gain,
community access use only and not for p
political campaigning , commercial use or the solicitation of
n, broadcast, reproduction or display
funds. Any transmissio
of the programming other than for community access use
( requires the express written consent of Storer Metro.
t
C. First Use
which the User utilized community
All programs for rovid d byStorer
Metro
access facilities and equipment p
shall be cablecast at least once on a MACC access her c�able
prior to, or concurrent with, caandcprior to any other form
ast on any
system or closed-circuit showing
of transmission or distribution.
D. Cable _Operator Acknowledgement
produced with community access equipment and
All programs P Storer Metro, and any copies thereof ,
facilities provided by provision a of the equipment and
shall clearly acknowledge the
facilities by Storer Metro.
E. Restrictions U on Distribution of Community Access Programs
1 , "Dub Order" Forms*
Users desiring copies (dubs) of programs that they have
utilizing
community access equipment and
produced
omplete "Dub Order" forms
shall
facilities shall cfuser
state the intended use of the copies.
C *See also "User Requested Copies" (Section IV.H.4. )
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 5
discloses that they intend to use the production outside
�F the limits set forth in Section III-B, or if the
Director finds that there is significant evidence that
the User intends to do so, the Director may either deny
the
the User a copy or require the User to pay
established leased access production rates for the
program prior to receiving a copy.
2. Leased Access
Except for those charges permissible in Section IV .E.3 .
herein, a User shall obtain the permission of the
Director before charging a third party for distribution
or purchase of a proiram produced using community access
equipment or facilities. In addition, the User shall
pay the establish:d Storer Metro leased access rates for
equipment and fa:ilities u_ed in producing the program.
Community access equipment and facilities are intended
for public, educational , and government access. Leased
access generally is accommodE..,--ed by Storer Metro with
local origination equipment and facilities. However,
Storer Metro is required by the Franchise Agreement to
provide repairs and replacement to worn or
malfunctioning community access equipment. Therefore,
community access equipment and facilities may be used
for leased access purposes when not needed for community
access purposes if local origination equipment and
• facilities are not available.
3. Permissible Distribution Charges
A User may charge a third party for a copy of a
community access program if the charge is for the actual
costs of purchase of the videotape or audiotape itself,
the duplication process (if any) and shipping charges.
A public, educational or government access User shall
not charge third parties for rental of community access
equipment or facilities or for tele-asts on the
MACC/Storer Metro cable system.
q. _Program Distribution by Storer Metro or MACC
By requesting access to equipment and facilities, the
User shall imply consent that Storer Metro or MACC may
use the User's community access program, or portion
thereof, (appropriately identified) for noncommercial
purposes.
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MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 6
++i
1
i
IV. USE OF COMMUNITY ACCESS FACILITIES
A. Facilities Available
Storer Metro, as required by its Franchise Agreement with
MACC, provides five types of production facilities: ( for
further detail see Franchise Proposal , Part 4-6 , pp.26-32)
o "EFP"-(Electronic Field Production Gear: (Also referred A
to as " orta ak" or "ENG"-Electronic News Gathering;
Gear (15
Used for most on-location video productions: one color n
camera, recorder, power supply and sufficient accessories
for lighting and audio requirements. Three such systems
are available at each access studio.
O Video Studios - ( 5)
Used for "live" or taped programs. Each facility has a
}
studio area , control room, two-color cameras , recorders,
switcher, titling equipment ,ui mentting and audio
accessories , and cablecasting eq p
o Audio Studio - Beaverton (1 )
Used for producing radio programs cablecast on the FM t
service of the Storer Metro system or for producing
technically advanced audio segments of video programs.
o Editing Systems - ( 5 )
Used in "post production" by Users to assemble video
materials, which they have recorded, into a finished
program for cablecast; also used in duplicating (dubbing )
programs.
o Mobile Production Vehicles - ( 2)
Used for video programs which must be taped or cablecast
"live" on location , and which require more than one
camera to effectively cover an event or activity.
The User shall request that type of equipment which would
best serve their production needs. The Director shall review
equipment requests and determine the reasonable type
and
amount of equipment needed (or granted) .
B. No Cost to Users
availale
ree of
All communityallCess qual fi d t1Users es alfor be communi (
ty access
charge too
productions.
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 7
C. Certification/Training
To make Users aware of the production capabilities of the
community access facilities and to train them in the
operation of the various types of equipment, Storer Metro
conducts training/certification programs. Prior to using the
equipment and facilities, Users shall attend basic workshops,
which include instruction in equipment operation, production
planning , advanced techniques and aesthetics, as well as
orientation to the rules herein and orientation to Storer
Metro's forms and procedurers. Users successfully completing
the workshops shall be issued certification cards by Storer
Metro. Following certification, Users are authorized to use
all community access equipment and facilities in accordance
with these rules.
D. Local Use
All programming produced with community access equipment
provided by Storer Metro shall be cablecast at least once cn
a MACC access channel on the MACC/Storer Metro cable system.
The equipment shall be used within the franchise area , or
within a reasonable distance thereof as determined by the
Director. Upon a request to use equipment outside the
franchise area, the Director shall consider the nature of the
production, the extent to which it would be necessary to use
C the equipment outside of the area , and the reasonableness of
the request .
E. Equipment Scheduling Rules and Procedures
1 . Compliance with the Access Rules and Procedures
Storer Metro shall approve all equipment reservations for
those Users who have complied with the MACC Community
Access Rules and Procedures.
2 . Making a Reservation
a. The User shall complete and submit a Community Access
Equipment Form which is made available at all Storer
Metro Studios and at MACC's offices. On this form,
the User shall detail times and facilities needed and
shall verify that the User has read and understood
the MACC Community Access Rules and Procedures.
b. Only one portapak unit, studio, editing system or van
shall be scheduled by a person or group for use at
one time, unless extenuating circumstances exist and
the Director approves the use of additional equipment
or facilities.
l
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 8
C. A User shall reserve equipment , in writing , at least
seven (7) days in advance. Exceptions may be made
for producers of serial programming and for those
projects for which advance notification is difficult
or impossible.
3. Cancelling a Reservation
Users who have reserved equipment but who subsequently
cannot use it shall notify Storer Metro as soon as
reasonably possible. Failure to notify Storer Metro may
be grounds for future use restrictions (see Section
VI-B) . An unreasonable number of cancellations or
occurrences of tardiness shall be cause for the Director
to cancel a User 's priority or otherwise restrict that
person's use of access equipment and facilities.
4. Use Priority
The community access facilities and training shall be
assigned to certified Users on a first-come, first-served
basis. However , certified Users in the following
categories shall be allowed a higher use and training
priority level :
a. Those persons lar series, as defined
in Appendix "B" , who shall receive equipment use
producing a regu
priorities commensurate with those channel use
priorities afforded them in Section V-D.7 . herein.
b. MACC Government/Education Access Uses:
MACC , in representing the member jurisdictions and
acting on behalf of educational and special service
districts , and based upon its commitment to cover
local public proceedings and to facilitate other
public sector programming , shall retain first
priority in the utilization of one mobile production
vehicle . Up to seven (7) days before any scheduled
use of this MACC priority use van, if MACC requests
the van for a MACC government access production, the
Director shall schedule the MACC use in place of the
previously scheduled production use. In scheduling
use of mobile production vehicles for community
access use, Storer Metro shall notify all Users that
the use of the MACC priority use van will be subject
to this provision. In addition, MACC shall be exempt
from the van use provisions in Section 5.d. herein.
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 9
r
`s
i
5 . Len th and Fre uenc of Use/Renewals
/ "EFP" 1 EauiPment_
a. Portable ( "EFP"
the Director ,
Except as otherwisebe reservedlfor azed Yperiod not to exceed
equipment maY use and 72 hours for weekend
24 hours for weekday "EFP„ equipment is
use. If , one hour before the
scheduled to be returned, it has not been reserved by
rior User may renew the reservation
another User the p However , no more than
for an additional 24 hours• permitted. Except
two consecutive renewals the Director, a User is
"EFP" uses within any thirty ' 3O)
otherwise authorized by
limited to four (4)
day period.
b. Audio or
Video Studio E ui ment
Unless the Director or Studio Manager determines that
additional time can be provided, a reservation shall
tudio Se
to exced
be permitted for each sscheduletone studio s
three (3) hours . A User may perweek.
arise
session per
week. If vacant time p
during the week of the User 's allotted studio time ,
additional time may be granted -
C . Editing EQuiPment
Unless the Director or Studio Manager a determines that reser
additional time can be provided, a reservation shall
ad permitted for each editing session not to exceed
ad
A User may schedule one editing
four (4) hours . If vacant time periods arise
session per week. allotted studio time ,
during the week of the User ' s
additional time may be granted.
d, Mobile Production vehicle (Van)
termine
that
Unless the Director
r. stu io Manager
naaereservationsshall
additional time ca rodreseon van not to
be permitted for eachuse
(a p hours ( inclusive of
exceed one dayA User may
production and striking ) .n week. If
travel , setup, P week of the
schedule one van
riods session
arise in
during the
vacant time p
additional time may be
User' s allotted van time,
granted.
C,
Page 10
MACC COMMUNITY ACCESS RULES AND PROCEDURES -
[ 6. Periods of Availability
The Director shall develop a schedule setting forth the
times that community access equipment is available. This
proposed schedule shall be submitted for review to the
MACC Access Committee. The hours of operation shall be
posted prominently at all Storer Metro facilities. The
Director and the MACC Access Committee shall annually
review this schedule for access equipment availability .
7 . Equipment Malfunctions or other Unavailability
If any co,;,;;Unitr access equipment fails to properly
operate for a User , or if for any reason Storer Metro
cannot provide operational equipment to the User during a
scheduled period of availability , Storer Metro may
provide the User with substitute equipment or facilities
or provide the User with priority use at a future time
convenient to the User and Storer Metro.
F. Liability of User
The User shall be responsible for the proper care, use,
treatment, protection and prompt return of assigned community
access equipment . Except for ordinary wear and tear , the
User shall agree, as a condition to use, to indemnify and
reimburse Storer Metro for all damage to or loss of any
community access equipment or other Storer Metro facilities
,. caused by neglect , abuse, theft or other cause which occurs
while such equipment and facilities are assigned to the User.
G. Treatment of Equipment/Facilities
Storer Metro shall establish rules and procedures for the
safe and proper treatment of community access equipment , and
following approval by the MACC Access Committee , such rules
shall be incorporated into these Community Access Rules and
Procedures.
H . Videotape Provisions
1 . Tapes Provided by Storer Metro
Storer Metro shall provide to Users
videot pe cost ,
anda
reasonable amount of high quality
audiotape (hereinafter both c-ferred to as tapes) . At a
minimum, a "reasonable" amount of tapes shall include
sufficient number of tapes for recording both the
original material (hereinafter referred to as
"worktapes" ) and" the final , edited material
(hereinafter
referred to as master tapes" ) . All tap preinaf
Storer Metro shall remain the property of Storer Metro
unless sold to the User.
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 11
2 . User-Provided Tapes : Ownership
The User shall assure Storer Metro that all User supplied
tape is either new or of a quality sufficient to prevent
damage or excessive clogging to recorders, and to record
a signal relatively free of "drop-outs" and "glitches" .
Inadequate tapes may be rejected.
3. Tapes Kept On/Removed e'rom Premises
In order that Storer Metro may effectively monitor tapes
and inspect programs for compliance with the technical
quality rules herein, tapes shall be kept for a period of
time at the access facilities. Persons using tapes
provided by Storer Metro shall not remove them from the
community access facilities (studio, van or editing
area) , except while using Storer Metro EFP gear , or if
they have been granted permission by
Studio
a refundable
the Director. Storer Metro mayrequire
deposit for the replacement cost of the tapes when such
special permission is granted . Users supplying their own
tapes shall leave the master
iorpto the firstStorer
scheduled
Metro at
least fourteen (14 ) days p
cablecast . If Storer Metro permits a program to be
produced subsequent to the fourteen day deadline, the
master tape shall be left at the appropriate cablecasting
facility after completion (see also Section V.D. 3 ) . The
User may request permission to remove the master tapes
for a period not to exceed 24 hours for duplication or to
view the program closed-circuit, which permission Storer
Metro shall not unreasonably deny.
4 . User Requested Copies ( "Dubs" )
For dubs of programs , Users shall provide their own tapes
for making duplicates. The User may make one copy of
his/her master tape(s) or work tape(s) , or portions
thereof , at no cost for such dubbing process, prtions
the program on the master tape has been scheduled to be
cablecast at least once on a Storer Metro access channel .
For additional dubs a dubbing fee may be charged
according to established Storer Metro rates. Individual
installments of a series will be considered as separate
programs , entitling the User to one free dub for each
such installment.
5. Storer Metro or MACC Copies
If permitted by the User, Storer Metro or MACC may
duplicate User's tape, or portions thereof , for
the
purpose of compiling access samplers or promo
tional
Cmaterial for community programming .
*See also "Dub Order" Forms (Section III .E.1 . )
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 12
6. Tape Retention/Notification of Erasure
a. Tape Retention
( 1 ) Master Tapes Provided by Storer Metro
Unless the Director or Studio Manager grants a
longer period of retention, master tapes
provided by Storer Metro to a User shall be
retained at one of the community access
facilities for a period of a least seven (7)
days following the last cablecast requested by
and granted to the User.
( 2) Work Tapes Provided by Storer Metro
Unless the Director or Studio Manager grants a
longer period of retention, work tapes which are
provided by Storer Metro to a User shall be
retained at one of the community access
facilities until the master tape is submitted
for cablecast .
( 3) All Tapes Provided by the User
Unless the Director grants a longer period of
retention, master and work tapes provided by the
User shall be retained at Storer Metro's
facilities for a maximum of thirty (30) days
following the final cablecast of the master tape
/ on a Storer Metro/MACC access channel .
t b. Notification
At the time a User submits an Access Time Request
Form, notification will be given of the date on which
any work tape(s) and master tape(s) which Storer
Metro has provided will be subject for erasure and/or
reissuance.
7. Tape Purchase
A User may purchase a master or work tape from Storer
Metro if the master tape has been cablecast once on the
Storer Metro system. Storer Metro shall establish a
charge for such purchases that shall incorporate
reasonable costs for replacing such tapes and of
administering the tape stock.
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 13
V. CHANNEL ACCESS
I
A. Channels Available
1 . Overview
There are fifteen MACC community access channels required
by the Franchise Agreement . These channels shall be
designated by the Commission as public , educational ,
government , or special purpose access. The Commission
shall determine when those access channels temporarily
being used by Storer Metro for other purposes shall be
used for access- The Community
ofAccess community Rules
access
Procedures shall apply to theuse
channels.
2. Channel Assignment
Programs produced and/or submitted by individuals and by
community groups and institutions shall be cablecast on a
public access channel . Programs produced and/or
submitted by educational institutions shall be cablecast
on an educational access channel . Programs produced
and/or submitted by municipal , county, state or federal
government agencies, by MACC, or by special public
service districts shall be cablecast on a government
f� access channel . Other programming , such as presentations
produced by and for hearing impaired persons , shall be
cablecast on special purpose access channels designated
as such by the Commission. Any program cablecast on an
educational , government or special purpose access channel
may also be cablecast on a public access channel .
B. No Cost to Users
Neither Storer Metro nor MACC shall charge any individual ,
group or organization for use of any community access
channel .
C. Program Standards for Community Access Channels
1 . Technical Standards
Recordings of programs submitted by Users for cablecast
shall be inspected by Storer Metro for compliance with
Storer Metro's community access technical standards to
determine whether the programs will maintain picture
stability and clarity when they are cablecast and whether
the tapes on which they are recorded will damage
community access equipment. If the program does not
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 14
"track" properly, is severely skewed , or is otherwise
unstable, grainy or snowy; or if the tape itself contains
severe dropouts, crinkles, splits or physical splices of
any type , or is losing its oxides or backing , Storer
Metro may refuse to cablecast the program. In such
cases, Storer Metro shall return the videotape to the
User and advise how the User can correct the problem or,
if uncorrectable, how to avoid it in future programs .
2. Content Standards
a. Advertising of Commercial Products or Services
No program or segment thereof designed to promote the
sale of commercial products or services shall be
cablecast .
b. Obscene Material
No program or segment thereof containing obscene
material shall be cablecast.
C. Lotteries
No advertisement of , or information concerning , any
lottery, gift enterprise, or similar scheme offering
prizes in whole or in part upon chance or lot , or any
list of prizes drawn or awarded by any such lottery,
gift enterprise or scheme, whether said list contains
part or all of such prizes, shall be cablecast .
d. Copyright Infringement
It shall be the responsibility of the User to obtain
all copyright clearances on material contained in the
program. In requesting time on a community access
channel , the User shall assure Storer Metro that such
clearance has been obtained.
e. Candidates for Public Office
When a person becomes an official candidate for
public office, the candidate shall not appear on any
community access channel while a candidate, except
under the following circumstances :
( 1 ) Public Proceedings and Candidates Forums
o the appearance is during a public proceeding ,
such as a City Council or County Commission
meeting , or a public hearing duly authorized
and conducted by a government body; or
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 15
{ o the appearance is a part of a candidates
forum, impartially moderated , in which all
official candidates for rimarhaelectblic ion, ohaveebeen
for that partisan
primary
invited.
f
( 2) Personal Appearances
o An appearance in a program not included in
Subsection 2.e. ( 1 ) herein, contains no mention k
of , or reference to, the candidacy of the
candidate. 1
f . Defamation, Slander , Libel , Invasion of Privacy
In requesting time on a community access channel , the
Users accept all responsibility for all material in
the submitted program, and shall assure Storer Metro
that material contained therein does not inder,
libel or invade the privacy of anyno,vidual ,
organization or institution.
g . Acknowledgement of Program Sponsors
A User may give credit to an individual , compar,j , or
/ organization which underwrites any of the use l production costs. Such credit shall be by ram
a title at the beginning and/or end of the program
which may identify the contributor . Each display
shall be no longer than fifteen seconds in length,
and shall contain no more than the contributor ' s
name , address and telephone number. A corporate logo
may be used, but shall not be larger than 25% ofthe
entire display. The contributions may
alsoacknowledged verbally, provided such acknowledgement
occurs during the final one minute of the program cr
during the closing credits and that it runs no longer
program
than fifteen seconds. In no case shall the
endorse the contributor' s business, product or
candidacy for public office.
D. Channel Access Scheduling
1 . Channel Administration
The scheduling of programming to be cablecast on the
community access channels is as follows:
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 16
t a. Public, Educational and Special Purpose Access
t
Proposals by eligible* individuals, organizations and
institutions to cablecast public , educational and
special purpose access programs shall be submitted to
Storer Metro for review as to compliance with
th
community access program standards. Scheduling
these programs on the public , educational and special
purpose access channels shall be administered by
Storer Metro in accordance with the Community Access
Rules and Procedures.
b. Government Access
Proposals by eligible* city departments , pubic
commissions , committees, councils, special public
service districts, and other government agencies to
cablecast government access programs shall be
submitted to Storer Metro for review of compliance
with community access program standards. Scheduling
of these programs on the government access channels
shall be administered by MACC.
C . Leased Access
Proposals by individuals, organizations and
institutions to cablecast leased access programs
shall be submitted to Storer Metro. Scheduling of
these programs on a local origination channel shall
be administered by Storer Metro.
2 . Making A Reservation
To reserve time on a community access channel , an
eligible User should be familiar with the app
roved
community access cablecasting hours currently in effect,
which are posted at all community access facilities.
Thereafter. :
a . _Public , Educational and Special Purpose Access
( 1 ) Users requesting time on public, educational or
special purpose access channels (see
Section V.A. ) should contact Storer Metro for
information regarding unassigned and available
channel access time.
( 2) Users shall submit an Access Time Request and
Agreement form to Storer Metro indicating their
time preference in descending order of
preference.
*See eligibility rules contained in Section II .
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 17
( 3) Storer Metro shall review the proposed time(s)
t and shall assign available times pursuant to the
channel access priorities set forth in Section 7
herein.
b. Government Access
(1 ) Users requesting government access channel time
(see Section V.A. ) should contact MACC regarding
unassigned and available government access
channel time. f
( 2) Users shall submit an Access Time Request and
Agreement Form to MACC with a copy to Storin
Metro regarding the preferred time(s)
descending order of preference. and
i
( 3) MACC shall review the requested time(s)
shall assign time pursuant to the channel access
forth in Section 7 herein.
priorities set ,
i
3. Submitting of Tapes
i
Users shall submit tapes which they intend to have '
cablecast on an access channel at least fourteen ( 14)
days in advance of the first scheduled cablecast time , to
enable Storer Metro to inspect them for compliance to the
standards contained in Section V.C. herein.
In cases
due to be cablecast less than fourteen
where a program is
( ( 14) days from completion, the Director may t
exceptions to the rule, provided that the User has given
Storer Metro prior notification that the program will be
submitted late, and the User turns the tape( s) over to
Storer Metro for inspection a reasonable time in advance .
4. "Live" Programs
ams
The User intending to schedule cablecast time for a
"live" program on an access channel , shall submit an
outline of the program at least fourteen (14) days in
advance of the "live" cablecast . Storer Metro shall
review these plans for compliance with the standards
contained in Section V.C. herein and advise the User of
any technical problems. Videotapes or other audit
s dt o/visual
material the User intends to present as p
"live" program shall be submitted according to the rules
in Section % .D..i herein.
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 18
5. Character Generation
Storer Metro shall accept messages
ublic o educatponalbe d and
character generation on the p
channels . These noncommercial
special purpose access
submitted to Storer
messages shall be
guidelines
"cablecast-ready" form, conforming
established by Storer Metro available at all studio
facilities. t
6. Cancelling A Reservation
shall
Users scheduling time on an access channel
unable
immediately notify Storer Metrowroduceen ea "live" progca"'
to provide a completed tape or p Storer
at the scheduled time. The ser shall
notify
affect
Metro of potential or actual problems
such programming .
7 . Prioritization of Requests for Cablecast Time
ublic , educational and special purpose
Time on the p ned by Storer Metro to
access channels shall be assig
first-served
individuals and groups on a first-come, quality
nondiscriminatory basis. However, to encourage
serial programming , a higher priority shall be assigned
to those producing serial programming (see criteria in
Section "b" below) .
a . Types of Serial Programs
( 1 ) Regular Serial ( "Series" )
A regular serial program (hereinafterseries" ) ,
is one which is scheduled for a minimum of
thirteen ( 13) segments at regular intervals . it
to the
may be initiated or renewed according
priority criteria detailed in Section "b" below .
( 2) Mini-Seriol ( "Miniseries" )
A mini-serial program hereinafter "miniseries" )
is one whish is scheduled for less than thirteen
( 13) segments at regular intervals duringleny
period of thirteen (13 ) months or
Miniseries shall be scheduled by Storer Metro on
a first-come , first-served basis , and nopriority
considered in beginning
or
criteria shall be
renewing them.
C
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 19
b. Scheduling Priorities for Series
(1 ) Initiating a New Series
A new series, i .e. one for which time is
requested for an initial thirteen (13)
installments, shall receive priority when:
f
o The request is made at least six (6) weeks
prior to the first cablecast date, and any
nonserial programs submitted by Users t me outside
the franchise area, occupy
conflicting with these times. The properly
requested new series may pre-empt the
nonresident's individual program from these
time slots.
o The request is made for time slots which are
being held provisionally for a series which
is scheduled to be renewed for a third
thirteen-week run (second renewal ) .
(2) Renewing a Series
The following criteria shall govern a request for
renewal of a series:
o A determination of the Director that the
User(s) providing the program for cablecast
during the current thirteen (13) segment
series has done so in a timely manner , and
the programs have satisfied the requirements
of these rules and procedures.
o Users may request renewal of a series
following the first cablecast of the seventh
(7th) program segment and before the fist
cablecast of the tenth (10th) program
segment.
o A first renewal (second thirteen segment run)
of a series shall be granted, provided that
the criteria in the above two paragraphs are
met.
o A second renewal (third thirteen segment run)
of a series shall be granted, provided that
there are no competing serial applicants and
that the criteria in the first two paragraphs
above are met.
o A third renewal (fourth thirteen segment run)
of a regular series shall be granted at the
discretion of the Director.
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 20
g. Storer Metro Schedulinq Responsibilities
In scheduling channel time on the public, educational and
special purpose access channels, Storer Metro shall :
a. Grant the time periods requested, as available;
b. Not prioritize cablecast times by using qualitative
criteria;
C. Encourage one-time and occasional Users of the
community access channels to request times which will
not contlict with setial programming , and maintain a
balance of both of these types of programming on the
public, educational and special purpose access
channels; and
d. Cablecast all scheduled community access programs
according to published schedules. Should any access
program not be cablecast or be cablecast incorrectly,
for any reason, Storer Metro shall reschedule it in a
substitute time period acceptable to the User .
R
C
'r
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 21
VI . DENIAL OF USE OF FACILITIES AND CHANNELS
{
A. Reasons
Any individual complying with the eligibility requirements of
Section II (Eligibility) , and who is certified in accordance
with Section IV.C. (Certification/Training) is entitled to
utilize the community access facilities supplied by Storer
Metro. Individuals may be denied access to these facilities
if , in the opinion of the Director or Studio Manager , they
have violated the access rules by:
1 . Failing to pick up or return equipment as agreed;
2. Causing or allowing damage or loss to the equipment;
3. Being under the influence of alcohol or other drugs;
being unable to operate or to continue to operate the
equipment effectively or safely;
4. Falsely representing himself/herself as a representative
of Storer Metro or of MACC;
5. Refusing to properly identify himself/herself to Storer
Metro;
6. Interfering with the orderly operation of the community
r access facilities, or with other aspects of Storer
Metro's place of business;
7. Operating the equipment in an unsafe manner or for
illegal purposes;
8. Failing to produce programs for cablecast when community
_ access staff and/or facilities have been made available
to him/her, if such nonperformance is determined by the
Director to be owing to that User' s negligence or
carelessness; or
9. Committing any other material breach of the Community
Access Rules and Procedures.
B. Sanctions
The Director may establish fair and equitable sanctions for
infractions of these Community Access Rules and Procedures.
These sanctions shall be proportionate to the severity of the
offense, and may include partial , temporary or permanent
suspensions of access privileges, including both channel
access and facilities use. The Director shall submit
proposed sanctions to the MACC Access Committee, which shall
review them, amend them as desired, and recommend adoption to
the Commission. Upon adoption by the Commission, these
sanctions shall be incorporated into the Community Access
Rules and Procedures.
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 22
VII. PUBLIC RECORDS
Unless the Federal Communications Commission or other
governmental agency requires a longer period of retention,
Storer Metro shall retain records of all of the following for
a period of one (1) year from the time they are received or
completed:
o Access completed,Channel a d either granted oro those which are
denied) �
o Access t.quipui8nt Re11
quest Forms: (those which are
completed, and either granted or denied) .
o Cablecast Log: (listing all community access programs
cablecast, and the dates and times they actually begin
and end on each community access channel ) .
o Program Schedule: (listing all dates and times at which
community access programs are scheduled to be played on
each community access channel) .
These records shall be available to the public during the
normal business hours of Storer Metro.
C..
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 23
VIII. PUBLIC NOTIFICATION OF COMMUNITY ACCESS RULES AND PROCEDURES
Storer Metro shall notify persons who request time on an
access channel , or who request training and equipment, as to
the jurisdiction of MACC and the existence of these Community
Access Rules and Procedures. Storer Metro shall make copies
of these rules available at all community access studios.
IX. AMENDMENT OF THE COMMUNITY ACCESS RULES AND PROCEDURES
The Community Access Rules and Procedures may be amended at
any meeting of the Metropolitan Areheld o mumu ntions
Commission where a quorom is present,
Article to
III of the Bylaws of the Commission, by concurrence
Ar
Ara majority of the Commission present who vote on any
amendment.
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 24
APPENDIX A
METROPOLITAN AREA COMMUNICATIONS COMMISSION
RESOLUTION 83-1
A RESOTOESTABLISHING
SE SETTLE RESOLVED COMPLAINTS
DURE FOR THE METROPOLITAN
AREA COMMUNICATIONS
COMMISSION
WHEREAS, Section 13.4(d) of the Franchise Agreement made between the
jurisdictions
(hereafter Commission)aand Storer-Metro in the Metropolitan
Communications, Inc. (hereafteunications r(he
Grantee) reads,
"The Commission shall ensure that all subscribers, programmers and
members of the general public have recourse to a satisfactory hearing
of any complaints, where there is evidence that the Grantee has not
settled the complaint to the satisfaction of the person initiating the
complaint. The Commission shall establish procedures for handling and
settling complaints;" and
WHEREAS, the Commission in accordance with and pursuant t Section
1983, adopted
13.4(d) of the Franchise Agreement at its meeting of January 5,
a procedure to handle and settle unresolved complaints to be memorialized by
resolution; and
WHEREAS, the procedure adopted established a committee of the full
Commission to be known as the Standing Complaint Committee and to be composed
of three members of the Commission, either commissioners or alternates, to
serve terms of one year commencing with the Oortmission's annual meeting; and
WHEREAS, the Franchise Agreement states that nothing in this franchise
shall be deemed to waive the requirements of any codes and ordinances of
Grantors regarding permit fees to be paid, means of construction or other
regulation; and
WHEREAS, the member jurisdictions are
responsible
a o ensure
staffedthat
cable
construction activities adhere to local regulations
and
prepared to handle ano resolve construction related complaints; now, therefore,
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE METROPOLITAN AREA
COMMUNICATIONS COMMISSION AS FOLLOWS:
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 25
Section 1. The Commission hereby adopts the following procedures for handling
and settling unresolved cable television complaints.
PREAMBLE
1. Any subscriber, prograrmer, member of the general public or member
jurisdiction of the Commission (hereafter Complainant) or Grantee may
Initiate and/or utilize these complaint resolution procedures.
2. If, at any time after initiation of these procedures, either the
Administrator of the Commission (hereafter Administrator) or the
Standing Complaint Committee of the Commission determine that the
complaint or complaints under consideration involve a policy
consideration or issue which the Commission has not yet considered or
otherwise deliberated and resolved, or the matter is of sufficient
Importance, then the Administrator or said Committee shall temporarily
suspend these complaint resolution procedures until such time as the
full Commission has had an opportunity to debate and define that policy
issue. During such suspension, all filing, notice, decision and appeal
deadlines are similarly suspended and shall only be resumed subsequent
to the Commission's consideration of the policy in question. The date
of the Commission meeting at which the policy question was considered
shall be the new date for re-establishing said deadlines.
3. The complaint resolution procedure shall not apply to construction
related complaints, which are the responsibility of the member
jurisdiction where the action that caused the complaint took place, to
handle and to settle. The Administrator shall assist the member
jurisdictions in handling and settling construction related complaints
as requested.
4. Any decision rendered pursuant to these procedures shall be based
solely upon the interpretation of the language of the Franchise
Agreement between the Grantee and Commission. In making such
interpretations, the Administrator and/or the Standing Complaint
Committee of the Commission may rely upon previous policy
determinations and Resolutions of the Commission, written or taped
records of Commission meetings and franchise negotiation sessions, the
Initial Proposal of the Grantee to the Commission, and such other
documents or materials as may illuminate the intent of the parties in
framing specific Franchise Agreement language.
C
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 26
S, Any reference herein to "day" or "days" shall mean calendar days. All
times for action for the Admiitutrrratof�r tanddn Complaint committee or
Commission are directory in
pROCEDLW-S
1. Any complainant who has identified a complaint to the Grantee and finds
that the Grantee has not settled the complaint
gd�ministrator initiate the of
the complainant may request
c ,iaiiit lesolh t-1--n procedure as contained herein.
2. Such request shall be in writing and shall be submitted to the
Administrator not more than 180 days following the date upon which the
complainant first notified the Grantee of the
aquest)s r omcontoins)
giving rise to the initial Complaint.
Suchsufficient factual information to enable the Administrator to determine
whether or not valid evidence exists which demonstrates that the
Grantee has failed toistratoresolve r shallpnotify t "�emberlaint to the sjurisdictionfaction of (s)
complainant. lainant resides of the
where the complaint took place or the come
complaint and the initiation of proceedings.
3. Within 14 days of a determination by the Administrator that the
complaint has not been satisfactorily resolved, the Administrator shall
convene a hearing with the complainant, the Grenderece any
other
ce.
interested party or parties to hear testimony
^ 4, Within seven days of the close of the complaint hearing, the
Administrator shall issue a written decision.
The Administrator shall
provide copies of the decision to the complainant, to the Grantee, to
the Stands Co Taint Committee Said derieio f shall,maamtba minimum,
jurisdiction o the Commission.
contain a listing of the facts of the complaint, the allegations of the
complainant, any responses of the Grantee, the operative provisions of
the Franchise Agreement, the Administrator's findings, and
conclusions. Said decision shall provide the process to appeal the
Administrator's decision.
5, Ameals. Within 30 days of the date of the Administrator'swritten
decision, either the complainant or the Grantee may app
eal the
Administrator's decisito the
ll beti aritiong andnshaCllmseteforthof tthe
Commission. Such appeal
reasons for the appeal.
Page 27
MACC COMMUNITY ACCESS RULES AND PROCEDURES -
t
6. Within 30 days of receipt of an appeal as provided in paragraph 5. . the
Standing Complaint Committee shall convene an Appeal Hearing to receive
testimony from the appellant, from the other party(ies) to the
complaint, and from other interested parties. The Committee may close
or reasonably continue the Appeal Hearing in such a manner and for such
a period of time sufficient to allow it to gather additional
information to enable it to render a decision on the appeal.
7. Within seven days of the close of the Appeal Hearing, the Standing
CtmzplaintComfnittee shall issue a written decision on the appeal and
shall provide copies to the appellant, the other parties to the
complaint, to the Administrator of the Commission, to its Board of
Commissioners, and to any other interested party(ies). The decision of
the Stands laint Committee shall either affirm, reverse or modify
the decision or the Administrator.
8. Upon a majority vote of the Board of commissioners of the Metropolitan
Area Communications Commission, any decision rendered by the Stands
ng
Fi—
Complaint Committee may be called up for review and either
aapp
reversed or modified by the Commission. All parties
to eal
shall be given written notice of the decision of the commission.
9. Upon a majority vote of the full Commission, these procedures may be
f temporarily suspended or modified.
t
• Adopted by the Board of Commissioners of the Metropolitan Area.
Communications Commission this �'Jnd day of �e,6��c cicf
NELSON, Chairman
r
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 28
APPENDIX B
Definition of Terms
.{ Implies the means by which citizens can utilize cable
I
ACCESS training and channel time to
television equipment, hts to
communicate their interests, concerns and insights
the community.
A term encompassing Public , Educational , Government
COMMUNITY Special Purpose access. Fifteen channels have
ACCESS and Sp access on the Storer
been designated for community
Metro/MACC cable system.
to use
institutions
EDUCATIONAL A means for educe �fiticommunicat on purp ses,cable tree
ACCESS television for nonp
of charge-
GOVERNMENT
A means for local governmental units to use cable
ACCESS television for nonprofit communications, free Of
charge.
A means for any individual or group to use cable
LEASED pr fit will be made from
ACCESS television in cases where a p of ro ram, or
the transmission or distribuisoused inh the program.
where commercial advertising
individuals , community groups and
free cable
charge vision for nonpro
ACCESS agencies tofit
PUBLIC A means for use
communications,
SPECIAL A means for individuals , community groups and
ons needs to
PURPOSE agencies with specialized deignated cchannelstlfor nonprofit
ACCESS utilize special designated
communications, free of charge.
committee established by MACC to advise
ACCESS The advisory to Storer Metro' s
COMMITTEE the Commission on matters andlaleased access in the
operation of community
franchise area.
CABLE Utilizing a master distribution center (hcoaxial"
(TELEVISION)
television programming is distributed by
SYSTEM cable to residents and institutions can wean ho subscribe
within a community-
broadcast sHs originated by community s, satellite and e membersor
and local program
by the cable operator.
The portion of the cable system which is intended
primarily for residential subscribers is called aecond network,th
"Residential Subscriber Ne " use, is the "Public
intended for public nonprofitk" . F sally, the third network
Communications Networ
in the cable system is the "commercial Communications
C. Network" .
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 29
r The distribution of programming over the Cable System
CABLECASTING as "playback" , although it is
(sometimes referred to
• possible to have a "live" cablecast) .
A device which allows the User to display access
CHARACTER messages on the community
GENERATOR
alphanumeric programs.
channels, and to insert titles into access p 9
COMMISSION See MACC.
of Storer Metro, or
DIRECTOR
The Community Services Director
the Director's designee.
Visible defects in program material recorded on a
DROP-OUTS due to the condition of the tape i
tape, possibly which has been
AND itself . Tape which is crinkled, which has been
GLITCHES a poor environment, oorly, may
stored in
over-used, or which was manups" when faciared back and may
result in visible "videotape rebli corders.
clog or even damage
DUB
"Dub" is a term for a copy of a videotape.
"Electronic Field Production" - Sometimes referred for
"EFP" as "ENG" - "Electronic News Gathering"
"Portapak" . Refers to Storer Metro/MACC portable
with one
video recording gear color camera and }
recorder. See Section IY.A. herein.
EQUIPMENT (Note: There are brief dement an
and facptions ilities Storer
ss equip litiesin
k
AND Metro's community acce
FACILITIES Section IY.A. herein. )
The contractual agreement between Storer Metro ana
FRANCHISE Storer Metro to build and op
AGREEMENT/ MACC authorizing eo raphical area
cable system within a giis available by
ven geographical
(Franchise Area) . This document
FRANCHISE
AREA contacting MACC.
eographical area in which Storer Metro is
FRANCHISE That 9 MACC's member jurisdictions to
AREA franchised by stem.
construct and operate a cable television system.
produced by the cable operator
LOCAL Cable programming be commerical or noncommercial
(Storer Metro) : may
channel designated for
ORIGINATION and will be cablecast on a
local origination.
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 30
MACC Metropolitan Area Communications Commission. - The
franchising authority comprised of governmental
representatives of member jurisdictions in
Washington and Clackamas counties. MACC's purposes
include insuring that there is a quality, unified
cable service in the Franchise Area, to act as a
consumer advocate in public dealings with the
franchisee (Storer Metro) , and to assist in the
development of local programming on the cable
system.
The MACC office is located at 12655 S.W. Center
Street, Suite 390, Beaverton, Oregon 97005, and the
telephone number is (503) 641-0218.
MASTER TAPE The final, edited tape which is intended to be used
for cablecasting.
SERIES A serial program for which the User has requested at
least thirteen (13) consecutive time slots at
regular intervals. See Section V.D.7. herein.
STORER Storer Metro refers to the "cable operator" or
"franchisee" , which is franchised by the member
jurisdictions of MACC to operate a cable
communications system in the franchise area. Storer
Metro Communications, Inc. , with its local
headquarters at 14200 S.W. Brigadoon Court,
Beaverton, Oregon, is a subsidiary of Storer Cable
Communications which is headquartered in Miami ,
Florida.
"USER" An individual utilizing Storer Metro's community
access equipment, facilities, training and/or
channel time. A User desiring to utilize equipment
and facilities must be certified by attending Storer
Metro's workshops. In order to qualify as a User,
all individuals are subject to the eligibility
requirements contained in Section II of the
Community Access Rules and Procedures.
WORK TAPES The tape on which original (first generation)
material is recorded. A work tape may also be a
cablecast tape or "master tape" , if it will be the
actual tape to be cablecast on the cable system.
MACC COMMUNITY ACCESS RULES AND PROCEDURES - Page 31
METROPOLITAN AREA COMMUNICATIONS COMMISSION
ANNUAL REPORT
July 1, 1983 - June 30, 1984
The Metropolitan Area Communications Commission's second year of
operations saw a dual emphasis on administering the cable
television Franchise Agreement with Storer Metro Communications,
Inc. and on utilizing the cable system for communication
purposes. The focus on these functions
s e(MACC)
reflects the Metropolitan Area communications Commission'
adopted goals.
essing
Franchise Agreement administration washighlighted whichrequiredssystem
compliance with the construction scheduleJune 1984, and by
completion in the initial service area by
responding to a Storer Metro request for a number of Franchise
r
Agreement adjustments.
ork and
Utilization of both the Public Communications
started to become ha
access channels on the residential networkteat deal of time in
reality during the year. Staff devoted a g
both these areas.
This report expounds upon these two subjects and outlines other
MACC activities. Our first year was devoted to establishing
geared
as an ongoing governmental entity and our second y
ear was to continued Franchise Agreement administration informative and utilization
ftyou
of cable. I hope you find this rep
have any questions, please do not hesitate to contact the
Metropolitan Area Communications Commission.
Jack R. Nelson
Chairman
MACC ADMINISTRATION
MACC experienced growth in 1983-1984 as envisioned when the
Commission was established. Staff grew from an administrator and
a part-time secretary to include two full time employees in the
community programming area. The budget showed a related increase
to $186,825 in budget expenditures from $100,670 in 1982-1983.
MACC also relocated to its own offices in March. The office is
now located at 12655 S.W. Center Street, Suite 390, Beaverton.
This consolidates staff in one location from rented space from
the City of Beaverton and Washington County Cooperative Library
Services.
Two additional municipalities joined MACC. North Plains and
Wilsonville became members, bringing the total number of
jurisdictions to fifteen.
At the annual meeting held in January, Jack Nelson, Beaverton, was
elected Chairperson; Connie Fessler, Forest Grove,
Vice-Chairperson; and C. Herald Campbell, Lake Oswego, was
elected Secretary-Treasurer.
Additional administrative matters to be noted are:
o Adoption of Policy and Procedures Manual
o Establishment of the Board of Commissioners as a local
contract review board.
MACC has also established a higher national profile. The
Commission is an active participant in the National Association
of Telecommunications Officers and Advisors;
Bill Tierney,
Administrator was elected to the National Board of the National
Federation of Local Cable Programmers and serves as Treasurer ;
and Herald Campbell lobbied in Washington, D.C. on national cable
legislation.
FRANCHISE AGREEMENT ADMINISTRATION
Construction:
The Franchise Agreement required Storer Metro to complete
system construction in the initial service area by June 1984.
The Commission closely monitored their construction progress
and found the cable system not fully completed on the required
date. Although a formal extension request was denied, monetary
penalties were not imposed as Storer Metro completed initial
service area construction within a revised informal timeframe
r established by the Board.
MACC ANNUAL REPORT 1983-1984 - Page 2
Construction in Wilsonville and North Plains is to be completed
by December 31, 1984 and the upgrade in Aloha by November 1985.
Storer Metro purchased Liberty Cable Television's assets in
Lake Oswego and was granted an extension until December 31,
1985 to upgrade that system.
The City of Durham and Storer Metro became involved in a legs!
dispute regarding the placement of cable lines. The City
claimed by ordinance, that the cable lines must be placed
underground. Storer Metro claimed they can use existing
utility poles because the City ordinance allows high
transmission electrical communication lines to be placed
in this dispute on the side of
overhead. MACC intervened
Durham. The ruling at the injunction hearing sided with Storer
Metro. The City is considering whether to take this to trial .
Subscribers:
As of June 30, 1984 Storer Metro had 12,916 subscribers. This
figure does not count subscribers in Aloha. Attached to this
report is a count by member jurisdictions.
_Franchise Agreement Adjustments:
( In the fall of 1983, Storer Metro requested certain adjustments
to the Franchise Agreement. Their request was carefully
analyzed, as well as performance to date, and a MACC Committee
for a
ber
f months.
InJanuary 1984 the MACC Board approved the
discussed the
requestt reroumofollowing
adjustments:
1. Granted a fifteen month extension to upgrade the cable
system in Aloha.
2. Allowed the purchase of a mobile production vehicle for
community access to be postponed.
3. Allowed Storer Metro to drop WOR, a New York based
superstation because of federal copyright regulations which
dramatically increased the cost of providing the service.
4. Allowed implementation of certain interactive services to
be delayed.
The requests were not forwarded to the member jurisdictions for
unanimous consent because they were not substantive changes,
but rather agreement modifications and time extensions.
C
MACC ANNUAL REPORT 1983-1984 - Page 3
COMMUNITY PROGRAMMING
Considerable energies this year were devoted to community
programming and some success was achieved. Andrew C. Beecher was
hired as Programming Director and Rod Hevland assisted Andy while
on sabbatical from the Beaverton School District. Judy Van Dyke
was hired to replace Rod upon his return to the School District.
MACC produced ongoing serial programming, specifically
cablecasting the Washington County Public Affairs Forum weekly
meetings and producing an ongoing weekly gardening program with
Washington County Extension Office Master Gardeners. MACC
covered all elections during the year with up-to-date results
being programmed on Channel 12 (Channel 3 in Aloha) . We also
produced, in cooperation with the League of Women Voters,
thirteen "Know Your Candidates" programs. The programs showed
candidates for local offices answering questions put forward by
a League moderator.
A number of special government oriented shows were produced
throughout the year. The City of Tigard cablecasted many of
their council meetings. MACC staff worked with and continues to
work with member jurisdictions to help them produce government
access programming.
MACC, through its Access Committee, developed a draft set of
rules and procedures for governance of the community programming
channels. The draft took month- to prepare and was discussed in
Committee for four months. The Board of Commissioners are
anticipated to act on them in early 1984-85.
MACC sponsored four community access workshops designed to
introduce citizens to the access concept and assist them to
become access producers. The workshops were held throughout the
franchise area and attracted close to 125 participants.
PUBLIC COMMUNICATIONS NETWORK
Preparations were made during the year to start to use the Public
Communications Network (PCN) for local government communications.
Actual implementation was contingent upon the network being
constructed and made operational by Storer Metro.
The primary emphasis was to get the demonstration projects moved
forward. Storer Metro committed $200,000 in the first year and
$100,000 thereafter through year ten, to demonstrate how the PCN
could be used, and charged MACC with administering the projects.
During the year MACC and Storer Metro agreed to a process to
select the first projects to be implemented and to the means for
disbursing funds.
i
MACC ANNUAL REPORT 1983-1984 - Page 4
Project proposals were received by MACC and six projects were
selected for implementation in the first year. The projects are:
1. City of Beaverton Data Link
2. Beaverton School District Data Link
3. City of Tualatin Voice Link
4. Washington County Fire District 1 Video Training
5, iinifipd Sewerage Agency Telemetry
6. Fire Department Computer Aided Dispatch
(Hillsboro, Beaverton, County District 1 and 2)
MACC formed a Technical Committee to advise us on developments on
the PCN. Members were drawn from the local industry and from the
Board. Members are C. Herald Campbell, Board Representative from
Lake Oswego; Robert Haas, alternate Board Representative from
Tualatin; Joy Martin, alternate Board Representative from Tigard;
Cliff Schrock, President C-COR Labs; and Jack Thomas,
Telecommunications Manager, Tektronix.
MACC also prepared a Frequency Management Plan to govern spectrum
Cuse of the PCN.
C
MACC ANNUAL REPORT 1983-1984 - Page 5
METROPOLITAN AREA COMMUNICATIONS COMMISSION
r
GENERAL FUND
STATEMENT OF REVENUES AND EXPENDITURES
BUDGET AND ACTUAL
July 1, 1983 - June 30, 1984
BUDGET ACTUAL
REVENUES:
Franchise Fees - Cable TV $ 231,215 $ 207,025
Interest Earned 10,000 9,665
Other Revenues 15,285 16,718
TOTAL REVENUES $ 256,500 $ 233,408
BEGINNING FUND BALANCE $ 29,476 $ 29,476
$ 285,976 $ 262,884
EXPENDITURES
Personal Services $ 86,625 $ 73,331
Materials and Services 76,246 72,612
Capital Outlay 24,873 24,517
Contingency 20,987
TOTAL EXPENDITURES $ 208,731 $ 170,460
Unappropriated Ending Fund Balance $ 77,245 $ 92,424
$ 285,976 $ 262,884
MACC ANNUAL REPORT 1983-1984 - Page 6
a
x
STORER METRO PENETRATION
June 30, 1984
Total Housing Units
Subscribers Penetration
As of December 1982 As of June 1984
O 0
198 33.3%
Banks 4,968
14,916 21 .9% '
Beaverton 427
Cornelius i,944 O p
242 31 .0%
Durham 1 ,460
708
Forest Grove 4, 3,533 32.5%
Hillsboro
10,854 .4%
5
King City 1,249 O p
986 28.1%
Sherwood 2,188
7,781 1 .5%
Tigard 60
3,984 6.1%
Tualatin 275
477
Washington County 4, p p
115
Rivergrove
51 ,454
12 ,916
TOTAL
TOTALS
DO NOT INLCUDE ALOHA, LAKE OSWEGO# WILSONVILLE OR NORTH PLAINS.
DIFFERENT CONSTRUCTION DEADLINES EXIST FOR THESE JURISDICTIONS.
MACC ANNUAL REPORT 1983-1984 Page 7
METROPOLITAN AREA COMMUNICATIONS COMMISSIO
MEMBER JURISDICTIONS
City of Banks
Mayor Howard Steinbach (rep)
P.O. Box 231
Banks , OR 97106
(Bel Air Pharmacy: 646-2129)
City of Beaverton
Mayor Jack Nelson (rep)
City of Beaverton
4950 S.W. Hall Boulevard
Beaverton , OR 97005
644-2191
Carol Maul (alt)
14225 S.W. Daphne
Beaverton, OR 97005
646-4577
City of Cornelius
Mark Arbuthnot (rep)
City Manager
City of Cornelius
P.O. Box 607
Cornelius, OR 97113
648-1197 357-9112
James Rogers (alt)
189 South 19th Avenue
Cornelius, OR 97113
648-8006
(1 )
City of Durham
C Jeanne L. Percy (rep)
P.O. Box 23483
Tigard, OR 97223
639-6851
Lorraine Winthers (alt)
16775 SW Upper Boones Ferry Road
Tigard, OR 97223
639-5300
City of Forest Grove
Mike Solomon (rep)
City of Forest Grove
1924 Council Street
Forest Grove, OR 97116
357-7151
Ms. Connie Fessler (alt)
City of Forest Grove
1924 Council Street
Forest Grove, OR 97116
357-7151
3_
City of Hillsboro
Harold Kummer (rep)
P.O. Box 484
Hillsboro, OR 97123
648-4104
Tim Ervert (alt)
City of Hillsboro
205 S.E. Second Avenue
Hillsboro, OR 97123
681-6100
City of King City
Denis Borman (rep)
City of King City
15390 S.W. 116th Avenue
King City, OR 97223
639-4082
Herbert A. Lindner (alt)
City of King City
15390 S.W. 116th Avenue
King City, OR 97223
639-4082 HM: 620-2978
(2)
f
City of Lake Oswego
Mayor C. Herald Campbell (rep)
City of Lake Oswego
348 N. State Street
P.O. Box 369
Lake Oswego, OR 97034
WK: 636-3601 HM: 636-1730
James M. Coleman, City Attorney (alt)
c/o Lake Oswego City Hall
P.O. Box 369
Lake Oswego, Oregon 97034
636-3601
City of North Plains
Herb Hirst (rep)
Finance Commissioner
City of North Plains
P.O. Box 616
North Plains, OR 97133
WK: 22a-5496 HM: 647-5833
Karen-Lee Stolte (alt ) .
City Recorder
City of North Plains
P.O. Box 616
North Plains, OR 97133
647-5555
City of Rivergrove
Daniel J. Scheans (rep)
4660 SW Dogwood Drive
Lake Oswego, OR 97034
WK: 229-3914 HM: 620-4426
John C. Nelson (alt)
4700 SW Dogwood Drive
Lake Oswego, OR 97034
639-2248
City of Sherwood
Clyde List (rep)
21235 S.W. Pacific Highway
Sherwood, OR 97140
625-7837
James H. Rapp (alt)
City of Sherwood
P.O. Box 167
Sherwood, OR 97140
625-5522
(3)
City of Tigard
( Bob Jean (rep)
City of Tigard
P.O. Box 23397
Tigard, Oregon 97223
639-4171
Joy Martin (alt )
City of Tigard
P.O. Box 23397
Tigard, Oregon 97223
639-4171
City of Tualatin
Steve Rhodes (rep)
City of Tualatin
P.O. Box 369
Tualatin, OR 97062
692-2000
Robert Haas (alt)
20887 S.W. willapa
Tualatin, OR 97062
692-1593
(
Washington County
Commissioner Eve Killpack (rep)
Washington County
150 N. First Avenue
Hillsboro, OR 97123
648-8681
Mike McCloskey (alt)
Sr. Management Analyst
Washington County
150 N. First Avenue
Hillsboro, OR 97123
648-8685
City of Wilsonville
A.G. "Gregg" Meyer (rep)
7733 Arbor Glen Court
Wilsonville, OR 97070
WK: 228-8351 HM: 694-5351
Dan Potter (alt )
City Administrator
t City of Wilsonville
P.O. Box 220
Wilsonville, OR 97070
682-1011
(4)
l
i
i
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: October 8 1984 AGENDA ITEM
DATE SUBMITTED: October 2 1984 _ PREVIOUS ACTION: None
ISSUE/AGENDA TITLE: Street Non-
Remonstrance Agreement for MLP 8-83 PREPARED BY: Randy Clarno
REQUESTED BY: Planning and Development
DEPARTMENT HEAD OK: --�� - CITY ADMINISTRATOR:
INFORMATION SUMMARY
This Street Improvement Non-Remonstrance Agreement is one of the "Conditions
of Approval" placed on this Minor Land Partition.
s
ALTERNATIVES CONSIDERED
Deny or Accept the Agreement
s
SUGGESTED ACTION
Planning and Development recommends acceptance of this agreement.
( (0665P)
P'ZJECP t::1.'.E: f't[.�' R:_ 19.P 8-83_—-- — --- — ---
_Minor Land Partition _____ TAX 14�? 2S1-2BB Tom" �'' 1301
AI)DRL.SS: 9982SW Jot Ct. _
CONSENT COVEw%: T (NO-4pF,'•ONST`4X4CE AGp.EE:-TENT)
Street Improve:rnents
The tno'ersigned owners (including purchasers) of the real property descri_bE_d below do hereby
record their consent to the formation of a local improvement ons�'riich ict thetdescribedCity fproperty
for the purposes of improving the pylic street en streets up
abuts. The undersigned eypressly waive all present and future rights to oppose or remonstrate
against the formation of a local improvement district for the improvement of the abutting
ontest the
cost
street or streets, reserving only the right to cay o
have unde n ofrthe el laws yof theite ILS
in the improvement district proceeding and any right they may
State of Oregon to contest the proposed assessment formula.
the title the described land
This consent and waiver shall run with perears from binding
omthe upon
the undersigned and all successor owners, for a period of fifteen (15) y
date of the last signature below.
The real property that is the subject of tt[is consent covenant is described as follo'ds:
SEE ATTACHED EXHIBIT "A"
IN WITNESS WHEREOF, the grantor(s) have hereunto set his (their) hand(s) and seal(s)
this day of 19
1
> ` f (SEAL)
(SEAL? i t >> f -� � 1 1
—
(SEAL) (SEAL)
(SEAL) (SEAL)
(S AI.) (SEALT)
STATE Or OREGON ) SS .
COu-ity of
On this 1,9eZ:I— day of19 oPS: personally appeared the above named
i
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
Notary Public for Oregon
My Commission expire .
ACCEPTANCE
rApproved as to form this �_ day of `' ✓ ' J��—�—/
By:
Cij ZyA-ttoorrney - City of Tigard
day of
Approved as to legal description this
City Engineer - City of Tigard
Accepted by the City Council this it\ day of oc -t 141)IL -
19
CITY CO CIL, OF TIG�$D.•OREGON
By:( _J�Y,til
ity Recorder - City of Tigard
I'" J
( 1704A)
Project: Boundary Survey (83-46) 1/18/84
Location: Washington County, Oregon
Item: parcel B Description
A Tract of land located in the Nor�hwest one-quarter of
Section 2, T2S, RIW, W.M. , Washington County, Oregon more
particularly described as follows:
Beginning at the Northeast corner of Lot 16, of "AMENDED
PLAT OF NORTH TIGARDVILLE ADDITION" a duly recorded plat
recorded in Washington County Plat Records; thence 535-59-00W
141 .62 feet to a 5/8 inch iron rod and the true point of
535-59
beginning of this description; thence along the
Easterly l i ne of said Lot 16 a distance of 110-135 feet to a
5/8 inch iron rod; thence N5ce N23-- a distance parallel with btheet
to a 5/8 inch iron rod;
thence N23-•52-lOE
Westerly line of said Lot 16 a distance of 213.40 to a 5/8
inch iron rod; thence S64-32-20E (para l lel to and 25.00
51 i' n'efoft
from when measured at right angles to the Northerly
said Lot 16) ,a4disttance0W a ofc18-99e of 11U�17tt a Jnch 1rod;
feet to ay/8inch
thence S26-0-
S61-57-42E a distance of 90.69 feet to the
iron rod; thence
said true point of beginning.
Containing 11903 square feet, more or less, according to
of cord for
veRecords
the bearings and dimensions listed on a sue
Parcel B filed with Washington County
project: Boundary Survey (83-46) 1/18/84
Location: Washington County, Oregon
Item: parcel C Description
A Tract of land located in the Northwest one-quarter of
Section 2. T2S, R1W. W.M. , Washington County, Oregon more
particularly described as follows:
Beginning at the Northeast corner of Lot 16, of "AMENDED
LLAT OF NORTH TIGARDVILLE ADDITION" a duly recorded plat
recorded in Washington County Flat Records; thence S35-59-OOW
252.47 feet to a 5/8 inch iron rod and the true point of
beginning of this description; thence S35-59-OOW along the
Easterly line of said Lot 16 a distance of 99.00► feet to a
5/8 inch iron rod; thence N57-40-OOW a distance of 77.02 feet
to a 5/8 inch iron rod; thence N23-52-10E parallel with the
Westerly line of said Lot 16 a distance of 311 .47 to a 5/8
inch iron rod; thence S64-32-20E (parallel to and 25.00 feet
from when measured at right angles to the Northerly line of
said Lot 16) a distance of 15.01 feet to a 5/8 inch iron rod;
thence S25-52-10W a distance of 213.40 feet to a 5/8 inch
iron rod; thence S57-4O-OOE a distance of 82.86 feet to the
said true point of beginning.
Containing 11835 square feet, more or less, according to
the bearings and dimensions listed on a survey of record for
parcel C filed with Washington County Survey Records.
C
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14 •�
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1000 4 j SEE MAP
.6?ac 2 S t 2 BA
INITIAL POINT !�
&ROOKSIpE PK 2
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821" c
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I � i ANN' /
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�n° 'r►� 2V 'i 801 Ne ��
cis �•w
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3s0 r�
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3 v cN
0,01
M p B�'4 : -Tip ~ �so0� ..
co ' �Pr►�c � / F T
eo5'° � �, soo , 19 °
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806 0/
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17
SEE MAP
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21133-
`' 2 S 1 2 Be
1
CITY OF TIGARD OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: LO— 8 8 T AGENDA ITEM #:
s
e
GATE SUBMITTED; Sptember 24 .1984 PREVIOUS ACTION: Placed on Performance s
a
ISSUE/AGENDA TITLE: Placing Scott Bond 8--13-84
Ct. Sanitary Sewer onto Maintenance PREPARED BY: R.L. Thompson _
REQUESTED BY: Developer —
DEPARTMENT HEAD OK: _ CITY ADMINISTRATOR:
INFORMATION SUMMARY
This project is located on the west side of SW 98th Avenue. The developer is
building two (2) duplex and one (1) tri-plex just south of SW Scott Court
Subdivision. All work has now been completed on the Sanitary Sewer
Extension. They are asking that we keep 20% of there deposit for a
Maintenance Bond and refund the remaining amount to them.
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
We recommend that the City Council place this project on to Maintenance and
refund the amount of $1,720.00, holding $430.00 for a Maintenance Bond. .
(0632P)
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
r
AGENDA OF: 10-8-84 AGENDA ITEM #:
DATE SUBMITTED: 10-3-84 PREVIOUS ACTION: NONE
ISSUE/AGENDA TITTLE: STREET _ - --
DEDICATION 6 IMPROVEMENT BONG--- PREPARED BY: --
_AGREEMENT ACCEPTANCE (MLP 4-84) , REQ11CSTE0 BY: RANDY CLARNO
Df CITY ADMINISTRATOR:
DEPARTMENT HEAD OK:
----—
INFORMATION SUMMARY
This Street Dedication and Street Improvement Bond were "conditions of
approval" placed on Norman A. and Howard B. Webb in approving their Minor Land
Partition,
ALTERNATIVES CONSIDERED
Deny or Accept the Street Dedication and Street Improvement Bond Agreement
SUGGESTED ACTION
Planning and Development recommends acceptance of this Street Dedication and
Street Improvement Bond Agreement.
(RC:bs/0679P)
AGREEME'JT WITH Lk.i'CSITCR AND TRUSTEE
ON SAVTWGS ACCC"TNTS CA DEPOSITS
This sareement Is for the purrose of fulfilling the requirements
of Minor Land Petition 4-114. City of Tigard. July jl. 1984, and is en-
tered into by the Depositor Joe Reshey and First Interstate Bank of Oregon '
Trustee.
The undersigned depositor and trustee do hereby sesign the richt
tc the City of Tigard to determine at its discretion the payment of all
funds or securities held by First Interstate Bank of Oregon
qe trustee In the amount of ,A 1.'II12.50 1n Savings Account No.
or Deccsit No. or Time Deposit No. 4-ig-nninio-i In the
iist Inter;tatc Bank .,1 Oregonin Rccordanc� with and for the purpose of Bonding
street improvement described in Minor Lund Petition 4-84.
It 1s understood an.j 'tirree.d r^nt the Firer Interstate_Bank of Orenen
will hold such funds or seourltlPs In the amount of 21,382.50 until an
authorizsticn cr direction for prt^Tent is received from the ty of Ti
-:r, that the City of TSRard has ttie richt to withdraw Principal Funds wl
City of Tigard signature only. ircj the event of Non-Performance.
All fund deposits shall be rPrt-wAble at maturity and at ratesand
:arms 1n effect at the tine of re,•rwtl . and all interest shall be paid to
cr gccrued ns directed by the Dert.slt,�r notwithstanding anything can-
t-.!ned nereln to the contrary.
That the account is tt remain open until such time as all Public
ITrrovements are completed -inti accet;ted by the City of Tigard.
Signed and dated at 'Tigard , Oregon.
This 25th 13y of tiontt•mber . li
Signstury r,f Depositor Z ✓�� � ,.,
Address 10160 S. w. walnut
iRard ore-on 97223
ACCLi T,'.NCE
Thi undersigned herebv ic.re^t- the runris or securities deposited in
t.ne srrourt of 3 1.182:.50, this 25th d%ty cf Svptember 19 i4 . and here-
by acknowledaes receict of the P-.se`. 00k Savings Account No. ; or
the Certificate for Leposit :in. 439-0010393.; or certifies that there is
rx Fassbnot ;$sued for t,3ts iccount. It Is further agreed that said
account will be held for the uses end our noses above stated until author!
tion for disposition 1s granted by `ne City of T1 a
Autncria.ed Signgture �1t.
e
( rigard Branch`-
L FIRST INTERSTATE WAK OF OREGON.N.A.
P. 0. Lox 23218
Tigard,Oregon 97223
g CITY OF TIGARD, OREGON
q COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: October .8., 1984 AGENDA ITEM #: i �'
DATE SUBMITTED: October 3, 1984 — PREVIOUS ACTION: Council Acceptance of
ISSUE/AGENDA TITLE: Partial release Subdivision Compliance Agree. .& Public
Improvement Bond
of Public Improvement bond monies PREPARED BY:
for Gallos Vineyards Subdivision _ REQUESTED BY: Randy Clarno
DEPARTMENT HEAD OK: �' � % CITY ADMINISTRATOR:
INFORMATION SUMMARY
Herb Morissette Builders Inc. is requesting the City release that portion of
their Public Improvement Peformance Bond (Letter of Commitment) that covers
work completed. The following is a list of those items being requested for
release.
Amt . Requested 20% Retainage
Construction Item Bond Amt. For Release 80% For Maintenance
t
1. Site Preparation & Grading $ 7,040.75 $ 5,632.60 $1,408.15
4. Sanitary Sewer & Appurtances $37,194,60 ' 29.755.68 $7,438.92
$35,388.28
ALTERNATIVES CONSIDERED
Deny or Accept their request.
SUGGESTED ACTION
The Engineering Section has inspected the above stated construction work and
has determined that it is complete. Therefore, Planning and Development
recommends release of the above stated funds.
( (RC:pm/0688P)
l
Deborah S. Shaffer, Vice Pres. - Finance
Herb Morissette Bui"cf's. Inc.
7470 SW 76th Av.
Portland, OR 97223
sion (Letter of Commitment Partial Release)
RE: Gallon Vineyard Subdivi
Gentlemen:
five hundred
In the matter of the one hundred thirty-four thousand, between
sixty-three and 00/100 dollars (5134,563.00) Letter of Commitment,
Herb Morissette Builders Inc. , and the City
of Tigard, Oregon and Oregon
Pioneer Savings 6 Loan Association; nd Loan Association to serve as official
release notice
Herb
allow said Oregon Pioneer Saving
f the deposit entrusted to said Oregon
Morissette Builders Inc. a portion o
Pioneer Savings and Loan Association.
The amount hereby authorized to be released 98128)thirty-five thousand three
hundred eighty-eight and 28/100 dollars ($
3
The amount to remain entrusted to Oregon Pioneer Savings and Loan As
o assure the City that all remaining requirements
as a cash performance bond t
sted 9sia4172j ninety-nine thousand, one hundred
of said Subdivision are comPl
seventy-four and 72/100 dollar ($
9
This notice shall not be construed to nullify or alter the terms of the
aforesaid Letter of commitment in any way: it is merely an authorization to
release a portion of the entrusted monies.
City of Tigard. Oregon
/?
By
yor
By: 0
Ds,PKy
it Recorder/��/8y
(RC:pm/0688P)
#E 8 ONSSEM SOUDERS, INC.
( 7470 S.W. 76th • Portland, Oregon 97223 • 216-8803
October 2 198
City of Tigard
12420 S.W. Main
Tigard, Oregon 97223
Attn: Randy Clarno
Re: Gallos Vineyard - Partial Release of Funds
Dear Mr. Clarno:
Per the attached Letter of Committment and Performance Bond
signed by Herb Morissette Builders, Inc. and accepted by the
City of Tigard, we hereby request that the City of Tigard provide
i certification acknowledging completion of the following areas of
work at Gallos Vineyard Subdivision.
Site Preparation & Grading $7,040.75 $5,632.60
Sanitary Sewer & Appurtances $37,194.60 $29,755.68
Total
Work Completed per Rutan Contract $44,235.35
Funds Available for Release (80%) $35,388.28
Your earliest attention tothis matter is appreciated.
Yours truly,
i
Deborah S. Shaffer
Herb Morissette Builders, Inc.
Vice President - Finance
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: October 8, 1984 AGENDA ITEM 6:
DATE SUBMITTED: October 3, 1984 PREVIOUS ACTION:
ISSUE/AGENDA TITLE:
I .C.M.A. EXPENSE REPORT REQUESTED BY:
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
INFORMATION SUMMARY
Attached is my expense report on the I.C.M.A. Conference. My average daily
meal expense (including the higher average banquet meal costs) was about
$20 a day. The amount budgeted was $1550 and the actual was $1209.78, or
$340.22 less than budgeted.
I 'll prepare a separate report later on items of interest from the conference.
I thank the Council for the opporLunity to continue my professional development
and to attend on the City's behalf.
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ALTERNATIVES CONSIDERED
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SUGGESTED ACTION
Receive and file
I.C.M.A. CONFERENCE EXPENSE REPORT
OCTOBER 3, 1984
TRAVEL LODGING MEALS CONFERENCE TOTAL NOTES
AIRFARE 507.00 507.00
PARKING 14.00 14.00
BUS 5.00 5.00
CAB (2) 6.00 6.00
LaMARGARITA 20.00 20.00 (Wed. Eve. )
TOWER REST. 24.73 24.73 ($36.73 - $12)
HILTON 7.54 7.54 (Lunch)
CONFERENCE MEALS 45.50 45.50
t ROOM & TAX (Mon) 75.21 75.21
(Tues) 75.21 75.21
(Wed) 75.21 75.21
Phone Calls 10.07 10.07 City
18.81 18.81 Tom Brian
.50 .50 Taxi
CONFERENCE 325.00 325.00
TOTAL $ 532.00 $ 255.01 $ 97.77 $ 325.00 $ 1,209.78
($28/day)
* Cab fare back paid $6 cash, split with Dallas manager on $12 fare. . . ** $12 bottle
wine personal expense.
1. Remove Trees and Brush from Fanno Creek Park Overflow Channel and remove
Van Tree Service - $3,250.00
Rt. 1, Box 230
Forest Grove, OR 97116
Ron's Treet Service - $2,600.00
7980 S.W. Kroese Loop
Tigard, OR 97223
Bone's Construction - $2,508.00*
3508 S.W. 209th *Won't clear unless they have dirt work also
Aloha, OR 97005
2. Excavate 2,600 Cu.Yd. of Dirt from Overflow Channel in Fannow Creek Park
E. Lee Robinson - $9,100.00
11125 S.W. Greenburg Rd.
Tigard, OR 97223
Bone's Construction - $12,818.00
3508 S.W. 209th
Aloha, Or 97005
Rutan Construction - $11,778.00
f\ 9127 S.W. Pony P1.
Beaverton, OR 97005
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