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City Council Packet - 11/14/1988 Revised 11/10/88 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate ~.W q BUSINESS AGENDA CATV sign-up sheet(s). If no sheet is available, H NOVEMBER 14, 1988, 5:30 P.M. ask to be recognized by the Chair at the start TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are 13125 SW HALL BLVD. asked to be to 2 minutes or less. Longer matters H TIGARD, OREGON 97223 can be set for a future Agenda by contacting either the Mayor or City Administrator. 5:30 o STUDY SESSION a. City Center Plan Task Force - Process Check (5:30 - 7 p.m.) b. Agenda Review 7:30 1. BUSINESS MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non-Agenda Items 7:35 2. VISITOR'S AGENDA (2 Minutes or Less Per Issue, Please) 7:40 3. KEYS TO CITY (Boards & Committees) 7:50 4. 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: 4.1 Approve Council Minutes: September 26, October 3, 1988 4.2 Receive & File: a. Council Meeting Calendar Update b. Community Services Dept. Report. - September C. Library Policy Report d. Tri-Met Bus Shelters 4.3 Nominate Representative to Washington County Citizens Advisory Board 4.4 Recess Council Meeting; Convene Local Contract Review Board Meeting (LCRB); a. Award Bid - Copying Machines Adjourn LCRB; Reconvene Council Meeting 4.5 Approve Pro-Tem Judges' Contracts; Augur - Res. No. 88- and Bourne - Res. No. 88- 4.6 Approve Summerlake Property Purchase (Authorizing City Administrator) - Resolution No. 88- 4.7 Authorize Right-of-Way License-PacTrust - Resolution No. 88- 4.8 Award Contract - Employee Classification Review; Res. No. 88- 4.9 Flpprnve Traininc; Request - Accident Reconstruction Course for Officer Rob Harburg COUNCIL AGENDA - NOVEMBER 14, 1988 - PAGE 1 8:00-5. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 88-04 ZONE CHANGE ZC 88-10 MIELNIK NPO # 5 Request for a Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential and Zone Change from R-4.5 to R-7 for a 13.16 acres. Location: 15390 & 15420 SW 79th Ave., 15685 & 15735 SW 76th Ave.; 2S1 12CA, lots 700, 3500, 3600, 2S1 12CD 200 and 300 (no address) o Public Hearing Continued from October 24, 1988 o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions. Or Comments o Public Hearing Closed o Consideration By Council: Direction to Staff (Motion) for Final Order 8:45 6. ANTON PARK ASSOCIATION PETITION - REQUEST FOR CLOSURE OF NORTH DAKOTA STREET IN ANTON PARK o Community Development Staff _ Table to 12/19/88 8:50 7. THROUGH-TRUCK RESTRICTIONS - ORDINANCE NO. 88- Commmunity Development Staff - Table to 12/19/88 8:55 8. APPEAL PUBLIC HEARING - CONDITIONAL USE CU 88-09, PLANNED DEVELOPMENT PD 88-04 SHURGARD INCOME PROPERTIES TEN NPO # 6 An appeal of the Planning Commission's denial for Conditional Use approval to allow storage and rental of trucks as 'ancillary to the established use of the site for mini-storage warehouses. The property is zoned C-G (PD) (Commercial General, Planned Development). LOCATION: 15700 SW Pacific Highway (WCTM 2S1 1ODC, lot 300). o Public Hearing Opened o Declarations Or Challenges o Summation By Community Development Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council: Direction to Staff (Motion) for Final Order 9:30 9. COMPREHENSIVE PLAN AMENDMENT CPA 88-03 ZONE CHANGE ZC 88-09 TIGARD SCHOOL DISTRICT 23J NPO # 6 - ORDINANCE NO. 88- 0 Community Development Staff 9:40 10. NON-AGENDA ITEMS: From Council and Staff 9:50 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. 1 CO 12. ADJOURNMENT cw/7505D COUNCIL AGENDA - NOVEMBER 14, 1988 - PAGE 2 MEETING UPDATE November 14, 1988 " o STUDY SESSION a. City Center Plan Task Force - Process Check (5:30 7 p.m.) Updates from City Center Task Force: Fanno Creek Master Plan; Transportation Study; Design Study; Financial Element; Timeline. Discussion: Expectations & Direction; Public Information Program. Consensus: Involvement of downtown property owners essential element. Timing discussed; i.e., how important to go to May election would November be acceptable? Does tax increment financing present element wherein May election would be beneficial? Question posed: How long would financial information be valid (i.e., would it be useable if delayed to November `89?) Council consensus: original schedule to be adhered to if at all possible. Checkpoint with Council scheduled for 12/12 and Committee will have better sense of how timing issues were coming together at that time. b. Agenda Review 1. BUSINESS MEETING: 1.1 Call To Order and Roll Call All CC present 2. VISITOR'S AGENDA Jeanne Rohlff - Anton Park Assn. requested Item No. 6 be delayed to December 19, 1988 meeting Ar- 3. KEYS To CITY: Geraldine L. Ball-Johnson, NPO # 4; William L. Brown, NPO # 7; Betsy Brinkley, NPO # 8; Ray Baldwin, NPO # 8; Bonnie Owens, Planning Commission; Erick Peterson, Transportation Advisory Committee; John Cochran, Utility and Franchise Advisory Committee. 4. CONSENT AGENDA: 4.1 Approve Council Minutes: September 26, October 3, 1988 4.2 Receive & File: a. Council Meeting Calendar Update b. Community Services Dept. Report. - September C. Library Policy Report d. Tri--Met Bus Shelters 4.3 Nominate Representative to Washington County Citizens Advisory Board 4.4 Recess Council Meeting; Convene Local Contract Review Board Meeting (LCRB); a. Award Bid - Copying Machines Adjourn LCRB; Reconvene Council Meeting Tabled to 11/21/88 4.5 Approve Pro-Tem Judges` Contracts; Augur Res. No. 88--~ and Bourne - Res. No. 88- Tabled to 11/21/88 4.6 Approve Summerlake Property Purchase (Authorizing City Administrator) - Resolution No. 88-103 4.7 Authorize Right-of-Way License-PacTrust 4.8 Award Contract - Employee Classification Review; Res. No. 88- Table to 11/21/88 4.9 Approve Training Request - Accident Reconstruction Course for Officer Rob Harburg Delete Ea/Jo UA with items tabled or deleted as noted above COUNCIL AGENDA - NOVEMBER 14, 1988 - PAGE 1 t r 5. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 88._-04 ZONE CHANGE ZC 88-•10 MIELNIK NPO # 5 Request for a Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential and Zone Change from R-4.5 to R-7 for a 13.16 acres. Location: 15390 & 15420 SW 79th Ave., 15685 & 15735 SW 76th Ave.; 2S1 12CA, lots 700, 3500, 3600, 2S1 12CD 200 and 300 (no address) o Public Hearing Continued from October 24, 1988 o Declarations Or Challenges Sc disqualified self - lives in area and felt could not render impartial decision - did not particpate in discussion or vote on this item o Public Hearing Closed e. Consideration By Council: Ed/Jo 4-0-1 ^(disqualified) Uphold Planning Com. findings of denial; staff to prepare tentative findings of denial for Council consideration. (12/5/88) 6. ANTON PARK ASSOCIATION PETITION - REQUEST" FOR CLOSURE OF NORTH DAKOTA STREET IN ANTON PARK Delayed to 12/19/88 7. THROUGH-TRUCK RESTRICTIONS - ORDINANCE NO. 88- Delayed to 12/19/88 8. APPEAL PUBLIC HEARING - CONDITIONAL USE CU 88-09, PLANNED DEVELOPMENT PD 88-04 SHURGARD INCOME PROPERTIES TEN NPO # 6 An appeal of the Planning Commission's denial for Conditional Use approval to allow storage and rental of trucks as ancillary to the established use of the site for mini-storage warehouses. The property is zoned C-G (PD) (Commercial General, Planned Development). LOCATION: 15700 SW Pacific Highway (WCTM 2S1 1ODC, lot 300). o Public Hearing Opened o Declarations Or Challenges - None o Public Hearing Closed o Consideration By Council: Ed/Ea UA - Referred back to Planning Commission to review trucks as a 2nd conditional use for property with conditions of: 1) limitation of 3 trucks; 2) striping of parking lot as shown in site plan; 3) staff to review to determine if 2, 3 or 4 addn'l parking spaces required; 4) conditional use permit to be reviewed annually. 9. COMPREHENSIVE PLAN AMENDMENT" CPA 88-03 ZONE CHANGE ZC 88-09 TIGARD SCHOOL DISTRICT 23J NPO # 6 - ORDINANCE NO. 88-33 Jo/Sc UA o Community Development Staff 10. NON-AGENDA ITEMS: From Council and Staff None 11. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 8:52 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. 12. ADJOURNMENT: 9:12 p.m. cw/7505D COUNCIL AGENDA - NOVEMBER 14, 1968 - PAGE 2 1' . i" T I G A R D C I T Y C 0 U N C I L REGULAR MEETING MINUTES - NOVEMBER 14, 1988 - 6:30 P.M. 1. ROLL CALL: Present: Mayor Tom Brian (arrived 6:20 p.m. Councilors: Carolyn Eadon, Jerry Edwards, Valerie Johnson, and John Schwartz; Councilor-elect: Joe Kasten; City Staff: Randy Clarno, f. Development Services Manager; Janice Deardorff, Personnel Director 1 (arrived 7:05 p.m.); David Lehr, Chief of Police (arrived 6:55 p.m.); Keith Liden, Senior Planner; Liz Newton, Senior Planner; Tim Ramis, City Attorney; Pat Reilly, City Administrator; Catherine Wheatley, Deputy Recorder; and Randy Wooley, City Engineer. 2. STUDY SESSION a. City Center Plan Task Force (CCPTF)- Process Check Meeting was called to order at 5:36 p.m. by Council President Edwards. CCPTF members present: Stuart Cohen, Chair; Jolynn Ash, Mike Marr, William Monahan, Richard Morley, Pam Juarez (arrived at i 5:45 p.m.), Joy Hinkle. Also present: CCPTF Ex-Officio Member, Peggy Weston-Byrd, Chair Cohen summarized the overall progress of the CCPTF. He r noted individual members would review several aspects of the ' Committee's work: 1001 Fanno Creek Master Plan Update - Mike Marr. Mr. Marr reviewed' elements of the Fanno Creek Master Plan. He noted that other than a bike path from Hall Boulevard to Main Street, the majority of the estimated $244,000 for Fanno Creek Park improvements would. be concentrated in the Main Street end of the park. He reviewed 1 several concepts which included a lake and an amphitheater. He advised that the Fanno Creek Park project was essentially the Park Board's project - CCPTF & the Park Hoard were coordinating i, their work. p Transportation Study - Jolynn Ash. Ms. Ash reviewed material distributed to Council which outlined traffic analysis R:. conclusions. These conclusions included the following: 1. Develop at least one more railroad crossing. 2. Create new entry portals into downtown at:' t- Walnut/99W Tigard/Main` Hunziker/Hall r'. 3. Maintain 300 feet between railroad crossing and nearest major intersection. 4. Avoid any significant increases in the capacity on Main at either terminus. Page 1 - COUNCIL MINUTES - NOVEMBER 14, 1988 Ms. Ash reviewed several traffic pattern scenarios. There was discussion on the maps distributed for review. Councilor Edwards advised he had been contacted by the Utility and Franchise Committee Chairman who noted that that railroads may be required to pay franchise fees to the cities they travel through. Design Study - Pegg Weston-Byrd. Ms. Weston-Byrd discussed the plan concept distributed to Council. She said the Committee preferred Concept "E" because of its visual effectiveness for the downtown area. The concept presented a "gateway effect" with an interesting involvement for pedestrian and vehicle traffic. She also noted the plan created larger block faces for in-fill development-, encouraged pedestrian travel, and provided for an Ash Street extension. Financial Element -_Stuart Cohen. Mr. Cohen distributed material entitled "Tigard ryCity Center Potential Funding Sources." He noted 13 possible sources were identified; the financial consultants had been researching potential financing plans. Time Line - Stuart Cohen. Mr. Cohen noted there was concern on whether there was enough time to get information out to the public and to enlist support from business and property owners. Ms. Weston-Byrd distributed a matrix of a public information plan. She advised that this should be considered a "menu" from which to choose the best alternatives for disseminating public information. Ms. Ash suggested specific plans be developed identifying possible changes resulting from implementation of the downtown redevelopment- plan. In this way, individuals may become more involved because they would be able to identify possible impacts to them. She noted it should be stressed that the plan was a draft only. There was lengthy discussion concerning public information dispersal. Consensus was that in order to succeed (both for a positive vote at the polls and implementation afterward) the majority of business owners must indicate support of the plan. Richard Morley suggested the success of the Transportation Bond Issue was due to the fact that people were driving on the subject roads every day and could see what the City was proposing. He said he questioned whether the City had the resources to present the information so that voters could understand the issue. MAYOR BRIAN ARRIVED AT 6:20 PM Page 2 - COUNCIL MINUTES - NOVEMBER 14, 1988 r There was discussion on the CCPTF's concerns with their ability to solicit the required involvement from the business land owners ' in the downtown area. Peggy Weston-Byrd noted she perceived downtown people were worried about what- was going to happen; she said they needed to become informed and involved as soon as possible. Mr. Cohen noted there may not be enough time before May to identify key projects and estimate cost. Discussed was the possibility of forming small groups and going out to the business owners to let them know what was being proposed. It was noted there were about 300 business managers and owners in the area and the time issue was, again, stressed. Also of concern was that tax increment financing was difficult to explain. Councilor Johnson advised she attended a session sponsored by the Oregon Downtown Development Association (ODDA); it was noted it was absolutely essential to have the active support and participation of downtown business owners in order for a downtown plan to succeed. There was discussion on other cities' experiences with downtown plans-.a salaried-downtown manager had been utilized in some areas. The following questions were raised: o How long would the financial consultant's plan be viable should the election be delayed until November 1989? o Were there only certain election dates wherein tax increment financing could be placed on the ballot? After discussion, Council consensus was that they would prefer the City Center Plan Task Force keep on schedule for the May election. Mr. Cohen advised that by the time the City Center Plan Task Force meets with the Council on December 12, 1988, they should have a better sense of how their time line was progressing and whether the May election looked viable. Distributed to Council was a handout entitled "Proposed City Center Development Plan Schedule." Councilor Edwards commended the Committee for their excellent job to date, noting they were "on the right track." Workshop meeting adjourned at 6:55 p.m. CHIEF OF POLICE ARRIVED: 6:55 PM b. Agenda Review There was discussion on the Surface Water Management Association which needed a representative from the City of Tigard. Council consensus was that Councilor Schwartz would serve as their representative on this Committee. PERSONNEL DIRECTOR ARRIVED: 7:05 PM Page 3 - COUNCIL MINUTES - NOVEMBER 14, 1988 Council consensus was that Councilor--elect Kasten should receive Executive Session materials and be invited to attend the Executive Sessions. Several agenda items were reviewed: o Consensus was to review Consent Agenda Items 4.4, 4.5, and 4.8 November 21, 1988; Item 4.9 was be deleted. e After discussion, Council consensus was that material presented for Item 4.6 (Approve Summerlake Property Purchase) reflected prior Council discussion. o Councilor Eadon noted concerns on several items contained in the Community Services Department: Report for September (Item 4.2). She cautioned that staff time spent in committees be carefully reviewed and referred to the Records Management Committee which had split into three subcommittees. o Council consensus was that the $2,730 for maintaining bus shelters was cause for concern. (Item 4.2.d - Tri-Met Bus Shelters). It was determined that the Mayor would forward a letter to Tri-Met. Councilor Edwards noted Tigard taxpayers should not be funding the maintenance of the Tri-Met bus shelters. o Councilor Edwards questioned why police officers were being sent so far away for training. (Item 4.9 - Approve Training Request Accident Reconstruction Course for Officer Rob Harburg.) Chief of Police explained this certification course was not available locally. He advised he felt it was important that officers receive training on accident reconstruction because of the types of accidents which were being experienced. Chief advised that the State Police have reduced their level of service on streets which run through cities. Council discussed that since the State Police had the expertise in accident reconstruction, they should be providing this service when needed on State Highways, (i.e., Highway 99W, Highway 217). Council consensus was to remove this item from the agenda; however, Councilor Eadon noted there could be potential problems without inhouse expertise in this area. 3. VISITOR'S AGENDA a. Jeanne Rohlf, 12430 SW North Dakota, Tigard, Oregon, advised that the Anton Park Association was requesting for delay of Council consideration of their petition for street closure of SW North Dakota. This item was rescheduled for December 19, 1988. Page 4 - COUNCIL. MINUTES - NOVEMBER 14, 1988 c 4. KEYS TO THE CITY Mayor Brian recognized the following people for their service on a Board or Committee: Geraldine L. Ball-Johnson NPO #4 William L. Brown NPO #7 Betsy Brinkley NPO #8 Ray Baldwin NPO #8 Bonnie Owens Planning Commission Erick Peterson Transportation Advisory Committee John Cochran Utility & Franchise Advisory Committee 5. CONSENT AGENDA 5.1 Approve Council Minutes: September 26, October 3, 1988 5.2 Receive & File: a. Council Meeting Calendar Update b. Community Services Dept. Report. - September s c. Library Policy Report d. Tri-Met Bus Shelters 5.3 Nominate Representative to Washington County Citizens Advisory Board 5.4 Recess Council Meeting; Convene Local Contract Review Board Meeting (LCRB); a. Award Bid - Copying Machines Adjourn LCRB; Reconvene Council Meeting Tabled to 11/21/88 5.5 Approve Pro-Tem Judges' Contracts; Augur - Res. No. 88- and } Bourne - Res. No. 88- Tabled to 11/21/88 r 5.6 Approve Summerlake Property Purchase (Authorizing City Administrator) - Resolution No. 88-103 5.7 Authorize Right-of-Way License-PacTrust 5.8 Award Contract - Employee Classification Review; Res. No. 88- Tabled to 11/21/88 5.9 Approve Training Request - Accident Reconstruction Course for Officer Rob Harburg Delete a. Motion by Councilor Eadon, seconded by Councilor Johnson to approve the consent agenda with Items .4, .5, and .8 tabled to 11/9/88; Item .9 was deleted. Motion was approved by a unanimous vote of Council present. 6. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT - CPA 88-04 - ZONE CHANGE - ZCA 88-10 - MIELNIK - NPO #5 Request for a Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential and Zone Change from R-4.5 to R-7 for a 13.16 acres. Location: 15390 & 15420 SW 79th Ave., 15685 & 15735 SW 76th Ave.; 2S1 12CA, lots 700, 3500, 3600, 2S1 12CD 200 and 300 (no address) 6 a. Public Hearing continued from October 24, 1988. e is Page 5 - COUNCIL MINUTES - NOVEMBER 14, 1988 " Ee k i, i { c f. b. Declaration or challenges: Councilor Schwartz advised he lived in the subject area and felt he would not be able to render impartial judgment with regard to this agenda item. He advised he would not participate in the discussion or vote on the issue. C. Senior Planner Liden summarized: On October 4, 1986, the Planning Commission reviewed the proposed application and voted to recommend denial of the proposal. He noted that staff- had recommended approval based upon their belief that the applicant had met the applicable policies in the Comprehensive Plan. In response to a question by Councilor Edwards, Senior Planner Liden reported duplexes and mobile home parks were permitted uses in an R-7 zoned area. Senior Planner Liden advised that traffic issues were being addressed in conditions of development only. In response to a question by Councilor Eadon, Senior Planner Liden advised that almost all of the 13+ acres would be buildable. A small portion of the proposed site was in the 100-year floodplain. F d. Public Testimony. t: F Proponents - None Present. Opponents i o Harry Saporta, 7745 SW Gentlewoods Drive, Tigard, Oregon, testified he was a member of NPO 05. He advised he had been the only dissenting vote at the NPO meeting; the other NPO t`- members did not voice either strong objections or support for the development. Mr. Saporta said he was concerned with increased traffic and the negative impact on livability in the area. He noted he did not think a mistake had been made in the F. Comprehensive Plan which would warrant the amendment. o Wendy Hawley, 14790 SW 79th Avenue, Tigard, Oregon.. Mrs. Hawley advised she had made a presentation to the Planning t Commission. She noted she was concerned with safety issues ind t ` was opposed to the development at this location because of t' potential traffic problems. e. Recommendation by Community Development staff: City Engineer advised staff recommended approval of the change in zoning. f. Public Hearing closed. t„ g. Council comments and consideration.' Councilor Edwards advised he was not convinced there was enough merit for the upzoning, noting he felt there were options $ available for development within the existing 4.5 PD zone, He Page 6 - COUNCIL MINUTES - NOVEMBER 14, 1988 further advised of his concerns with traffic impacts, the comment from the school district that they would have difficulty absorbing increased enrollments from the area, and noted there was sufficient amount of R-7 and R-12 zoned property available in Tigard. He advised he would uphold the Planning Commission's recommendation of denial. Councilor Johnson said she did not hear compelling arguments for the upzoning and she would not be voting favorably on the request. Mayor advised that he could not conclude, from information received, that the tests (as set forth in the Comprehensive Plan) indicating the need for a CPA had been met. He advised he did riot see where a mistake had been made in the Comprehensive Plan or where there was a change in circumstance which would warrant such a change. Motion by Councilor Edwards, seconded by Councilor Johnson, for tentative findings of denial for the Zone Change and Comprehensive Plan Amendment; staff was directed to prepare findings of fact for Council consideration at a future meeting. The motion was passed by a 4-0 vote; Councilor Schwartz did not vote as he had disqualified himself from participating in this issue. 7. ANTON PARK ASSOCIATION - REQUEST FOR CLOSURE OF NORTH DAKOTA STREET INTO ANTON PARK. a. This item was tabled to the December 19, 1988 City Council meeting. 8. THROUGH - TRUCK RESTRICTIONS. a. This item was tabled to the December 19, 1988 City Council meeting. 9. APPEAL PUBLIC HEARING - CONDITIONAL USE CU 88-09, PLANNED DEVELOPMENT PD 88-04 SHURGARD INCOME PROPERTIES TEN NPO # 6 An appeal of the Planning Commission's denial for Conditional Use approval to allow storage and rental of trucks as ancillary to the established use of the site for mini-storage warehouses. The property is zoned C-G (PD) (Commercial General, Planned Development). LOCATION: 15700 SW Pacific Highway (WCTM 2S1 1ODC, lot 300). a. Public Hearing opened. b. There were no declarations or challenges. Summation by Senior Planner Liden. A request for a conditional approval to construct a 90,000 square foot mini-storage facility and to vary the required number of parking spaces from 93 to 4 was revicwed by Planning Commission in December, 1985 and was approved subject to the fulfillment of 15 conditions (CU 5-85/PD 4-85/V 18-85). This facility was subsequently completed and occupied. Page 7 - COUNCIL MINUTES - NOVEMBER 14, 1988 r' i f.. A warning letter and a notice of infraction (Case No. 88-115-Z) were sent by staff on June 28, 1988, indicating the need to apply for a Conditional Use permit based on the fact that trucks were being rented from the property. Permanent removal of the trucks was required by July 6, if no conditional use request had been filed by that time. This request was submitted on July 28, 1988, and to date the trucks were still on the property. The applicant was appealing the Planning Commission's denial of the Conditional Use application to allow storage and rental of trucks as ancillary to the established use of the site from mini-storage warehouses. The property was zoned C-G (PD) (Commercial General, Planned Development), Staff recommended that should the Planning Commission denial be upheld, removal of the trucks be completed within ten days of Council decision, Senior Planner Liden noted the applicant had submitted a revised site plan. This site plan addressed the concern that Planning ` Commission had with regard to whether adequate fire vehicle access was available with the rental trucks on the site. The applicant's planner, Mr. Lans Stout, submitted a lpti-er to Council which advised that the Planning Commission, when rendering their decision, did not recognize the existence of a fire vehicle access drive or the actual dimensions of the affected aisles. f There was discussion between Council and Senior Planner i._iden ! concerning the lack of timeliness by the applicant in responding to the notice of infraction, j Staff noted the Comprehensive Plan does not address auxiliary uses for a Conditional Use. C. Public Testimony Proponents o Lans Stout, Planner, Mackenzie/Saito and Associates, 0670 SW Bancroft Street, Portland, Oregon 97201, referred to his letter of November 9, 1988. He advised the revised site plan accurately delineated the required 20--ioo, wide aisle and 45--foot outside turning radius. Two truck spaces and one van space were available while preserving the fire access. Two other issues, parking and landscaping, were noted for attention. Two new customer parking spaces were provided to support the truck rental actin ",F, This would reduce the on-site landscaping from 38,904 square feet to 38,580 square feet which was still within the Code requirement. Page 9 - COUNCIL MINUTES - NOVEMBER 14, 1999 Mr. Stout submitted a letter from Mackenzie/Saito, dated November 9, 1988, from Tom Wright, Planner. This letter was s signed off (on November 10, 1988) by Jerry Runyan, Fire Marshal, Washington County Fire District. The letter noted that the crew from the Washington County Fire District` completed a test run of fire trucks through the delineated access way and that the driver was able to maneuver the fire truck on the site to the satisfaction of the Washington County Fire District. Mr. Runyan also had indicated that the proposed Ryder truck rental use on the site, if striped to ensure proper parking, was acceptable to the Washington County Fire District. Councilor Eadon inquired about additional spaces to be provided for a heavy automotive rental use. Mr. Stout advised that there were originally four spaces available and two additional spaces had been created. Senior Planner noted the Code permitted the exact number of parking spaces to be based on whether or not overlapping of hours of operation was taking place. Staff would need to thoroughly analyze the application of Code requirements with respect to the requested uses. is o Mark Blizzard, 15700 SW Pacific Highway, Tigard, Oregon, testified he was the manager for the Shurgard self-storage P facility. lie advised there was not a lot of traffic in the t facility and that currently there were five parking spaces. He noted a cement divider had been removed which provided an additional parking space. He said the Fire Department was now unopposed to the parking of three trucks on the site. He assured that enforcement would not become a problem to the City. d. Recommendation by Community Development staff: Senior Planner Liden advised that staff had changed their recommendation. He noted that when staff gave the earlier recommendation of denial,. their concern was based on the fact that the Fire District had not approved the access of emergency equipment as adequate, and there were more than three trucks being parked on the site. Staff would e support approval of the request with the operation being limited I to three rental trucks; that the pavement be striped as shown on the site plan; and staff be granted the authority to determine whether two, three, or four additional parking spaces would be necessary. f Senior Planner noted if the Council found that the application should be denied, amendments would be needed for findings which would state the primary reason for denial of the application. 1 ( E Page 9 - COUNCIL MINUTES - NOVEMBER 14, 1988 q. u f:. 1 i e. Public Hearing was closed. f. Consideration by Council: Motion by Councilor Schwartz, seconded by Councilor Brian to approve the Conditional Use subject to, 1) an annual review of the Conditional Use permit, 2) staff- to review whether or not two, three, or four additional parking spaces should be provided, 3) striping delineating where the trucks could be parked; 4) limitation of three rental truks. Council discussion on the motion, Mayor and Councilor Schwartz agreed that the use was subordinate to the mini-storage use and, therefore, was not a totally separate business. Councilor Edwards noted he felt the rental trucks represented an entirely different business. Mayor called for a vote on the motion. The motion failed, 2-3; Councilors Edwards, Eadon, and Johnson voted nay. Motion by Councilor Edwards, seconded by Councilor Eadon, to refer the application to the Planning Commission with the latest Fire District's recommendation; further, the rental trucks should be viewed as a second Conditional Use for the property with the following conditions imposed: 1) an annual review of the Conditional Use permit, 2) staff to review whether or not two, three, or four additional parking spaces should be provided, 3) striping delineating where the trucks could be parked; 4) limitation of three rental trucks. i The motion was passed by a unanimous vote of Council present. 10. COMPREHENSIVE PLAN AMENDMENT - CPA 88-03 - ZONE CHANGE - ZC 88-09 - t TIGARD SCHOOL DISTRICT 233 - NPO #6. a. Senior Planner Liden advised that on October 24, 1988, the Council approved the CPA and ZC application from the Tigard School District. The proposed ordinance reflected Council's conclusions at that meeting. b. ORDINANCE NO. 88-33 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT (CPA 88-03), ZONE CHANGE (ZC 88-04) PROPOSED BY TIGARD SCHOOL DISTRICT. C. Motion by Councilor Johnson, seconded by Councilor Schwartz to adopt Ordinance No. 88-33. The motion was approved by a unanimous vote of Council present. 11. NON-AGENDA ITEMS: There were none. Page 10 - COUNCIL MINWES - NOVEMBER 14, 1988 12. EXECUTIVE SESSION - The Tigard City Council went into Executive Session at 9:56 p.m. under the provisions of ORS 192.660 (1) (d), (e), ` & (h) to discuss labor relations, real property transactions, and current and litigation issues. 13. ADJOURNMENT: 9:12 p.m. 1 Approved by the Tigard City Council on December 5, 1988. i f i ...P i Deputy Recorder - City of Tigard i ATTEST: -City of Tigard Counc4 Pr'est&-eti.f- cw/8100D i `r. 7 Sty Ch f F i F t f 1 f(p~ tSp: R Page 11 - COUNCIL MINUTES - NOVEMBER 14, 1988 TIMES PUBLISHING COMPAN i Legal P.O. BOX 370 PHONE (503) 684-0360 Notlce7 - 6 7 6 7 BEAVERTON, OREGON 97075 Legal Notice Advertising w6 a 19'Q , PITY OF TIGARD • v -I ❑ Tearsheet Notice PO OBx 23397 02I GARD , OR 9 7 2 2 3 • ❑ Duplicate Affidavit "4qn '1The following selecteddn'da items: are ~pul?lished for your information. AFFIDAVIT OF PUBLICATION Furth erint4inationand full:egendasmay be obtatnedfrom the City Recor der, 13125 SW Hall Blvd:, 'i'igaM Oregon 97223;,;or by calling 639 4171 STATE OF OREGON, ) CITY COUNCIL REGULAR MEETING, ;NOVEMBER 14,1988 COUNTY OF WASHINGTON, )ss' ' 5:30,PM:Stydy Session.1 7:30 PNI Regular Meeting; I, ELAINE PETROGEORGE TIGARD CIVIC CENTER, 7 0WN HALL i 13125 SV✓HALL BOULEVARD, TIGARD, OREGON being first duly sworn, depose and say,,$ ggi the Advgrtising - Director, or his principal clerk, of the 1 T1ME • Study Session Meeting City;Center Plan Task'Force a newspaper of general circulation as defined in ORS 193.010 • Local Contract Review Board Meeting and 193.020; published at TIGARD in the • Public Hearing (Continued from 10/24/88) Comprehensive Plan Amend ment CPA 88-04 Zone Change ZC 8810 Mielnik NPO;T#5t (Request. for { aforesaid county and state; that the change from Low Density"Residentlal R-4.5 to Medium Density Resider CITY COTTNC TT MFF'T'TMa NnTTCE tial R-7)." Location: West of.S.W 76th, Aenue, south of. Genttewoo s Sub i K a printed copy of which is hereto annexed, was published in the vision, east of S .W. 790, and'north ollland Park Subdivision s , entire issue of said newspaper for ONE -successive and •-Anton i?ark Associat[on Petition ~tequest for Closure of S W North f. Dakota Street mAnton park 3 ~ ~ A y consecutive in the following issues: • Through 1Yuck Restrictions-,.Ordinance Consideration (Portions of'Norh Dakota Street, Tigard Str et~and Si ngwood Drive; also revising truck NOV. 10, 1988 restrictions:on Tiedeman Avenue) • Appeal Public Hearing Cononal tUse CU 88.09, Pianhed Development :-f PD; 88.04 Shurgard ~Income.Properties Ten-NPO. #6 (Appeal 03 Planning ' Common s,d$nlal'-to allow storage. and rental of trucks a ad&lary use to miN-storage warehouses):. Q~ Fiial`Order (Ordinance) Comprehensive Plan Amendment CPA 88.03 Zone Change ZC 8.8-09 Tigard School, DLsb ict 23J NPO #6 Changehom, [ , ! Residennst and a: Zone Change irotnR InstitutCorial to Medium Density Subscri dand s n to before me this NOV . 11, 1988 (Resfdeatlad; 4:5;units(a~ re) td R12, (ResidentIai 12 units/acre) Luca tion Between Tigard High School and Cook Park on the east side of 92nd (1) (d(e); & (h) • Executive Session :ynder the provisions of ORS 192.660 Notary Public for Oregon to discuss Iabor relations, rest, property taetions, and cuirrenf and My Commission Expires: 9/20/92 TT6767$ PtibNov 10 1!9'88(' `i i ' r AFFIDAVIT r CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed Cc~U~1 P~ Ohdin 4Lnce AIL). -33 STATE OF OREGON ) County of Washington ) ss City of Tigard ) cep so ~~~"rtsr.~ I, _~~/Qhe yI7G~ ri c C~o4~~ being first duly- sworn, on oath, depose and say: F i That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) SE--.3 3 i' which were adopted at the Council Meeting dated / /8 copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the /(6_ day of 2oue r,. ~c?v 1987. I' 1. Tigard Civic Center, 13125 S.W. Hall Blvd., Tigard, Oregon. 2. U.S. National Bank, Corner of Main and Scoffins, Tigard, Oregon r 3. Safeway Store, Tigard Plaza, S.W. Hall Blvd., Tigard, Oregon 4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and S.W. Durham Road, Tigard, Oregon 4. . c [Y • P' Subscrxbed' and sworn to before me this day of "f I,c~sLw /i 19 C Notary Public for Oregon ~10 %i My Commission Expires: i AGENDA ITEM 0 ;.2, - VISITOR'S AGENDA DATE 11/14/88 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. NAME 6 ADDRESS TOPIC STAFF CONTACTED Sa o All~rn Pk- Cl 4Ad~ Ct), 4 i' l' f I f G t, ii { 3 DATE 11/14/88 I wish to testify before the Tigard City Council on the following item: (Please print the information) r Item Description: Agenda Item No. 5; Public i Hearing - Comprehensive Plan Amendment CPA 88-04 Zone Change ZC 88-10 Mielnik NPO #5 f t 's Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation i ~l J I' t: I i- c: F p.. Y. fpp; f' k: i' F f E z i r F{r [Ct' Y k u 4 S F DATE 11/14/88 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: Agenda Item No. 8; Appeal-Public E' Hearing - Conditional Use CU 88-09, Planned Develop- ment PD 88-04 Shurgard Income Properties Ten, NPO #6 Proponent (For Issue) Opponent (Against Issue) sricsicaiv'sacicASCicicx%yt*sr%ie%stsi4e*ye*:c'.~.'.»** r;k*•;4*41r*********~t****tk****~k***********~Ac*~k* ~ Name, Address andf Affiliation Name, Address and Affiliation i ~ • ~ T ~79d SccJ 7~ Z~h 00 SE ~2w poKfLr, oy 0696 .Sby►c, ~i i 4 i i E 1 i f i t r t C i AGENDA i. City Council/City Center Development Plan Task Force Process Check 5:30 - 7:00 PM - November 14, 1988 Town Hall Conference Room UPDATES Fanno Creek Master Plan - Mike Marr Transportation Study - Jolynn Ash Design Study - Peggy Weston Byrd Financial Element - Stuart Cohen Timeline - Stuart Cohen DISCUSSION Expectations and Direction - CCPTF and Council Public Information Program - CCPTF and Council OTHER ISSUES c i i 1 i Y F. t pC F t E i TIGARD CITY CENTER URBAN DESIGN PLAN TIGARD CITY CENTER PLAN TASK FORCE PLAN CONCEPT ; . 29 October 1988 Now N~ ~s pG ftsxI~ N I99 ® Xj j43 VV . IT /VANLL ~ss~N ® L110 X® ~tA IN`s NIA M P,oft - ~ FxftE5 XND N IN THE IG p~N~ IN .T j~I~ItW ~I~,N1F ,~I-~NEPc t oj Olt) N14" Ef.-T x of logo POW RR~ S F~ SGaO~~ J J a y 0;00/ Tjc q'~4 ►n w C a c~n w F-- Z MCDONALD dims _I .dry ` ;l ~dH .tiy da d s ~8ti Osia OVA OWN ~Fh 9G g~ s r 0 ~ o LPG s~oF P ~~hs rr~,~RO UN c 0 M F,pcJgl 8~h hy4 M P yr~l ,oaonn' P 1 Imn s FFti oG F T1GaRG c°M MS~c~gt kyq NS°k~ yam. ~z P low _WON A s l l 4 t a tv Cp1J "n.: 1 t~ • t t Ff y; t~ ' f•~ Y. Gl .31 • ` t t ~ CITY C;g1~TE'R~ TI GA: RAN 5Tl~~.`~ C DV ~ •L`' e f 1 J.t !s - { N 'rIGA' CITY CBI OIJPLET 1 • s w :r f i ~EI~'rER ~,A1~I 'TIGA:R9 CITY CTIGAP••.J' 1Vii iV a sF. :.1 / 1 - TI CARD CITY CEN'TM F A-N D LIGHT RhIli COUPLET + t~ it i' Y [Y v Ate • .ti~tt d F 1. ~ ' r . F.: j. TIGA,R.D CYTY CENTER PLAN i y 4 ~ fr 1. ~ 'ti. j j ~ / ~~vx r'• is A ~ ~ 1 Af, to vN, OUTHRIE SWSAREHKO aRMMCTA S A URBAN OESr.N PLOP" TIGARD CITY CENTER URBAN DESIGN PLAN MRoR9 Ww TIGARD CITY CENTER PLAN TASK FORCE Rt 503~MW34 BEEF PLAN DESIGN/PROGRAM CRITERIA PROPOSAL 27 October 1988 Hobson Kittelson Urban Long-Range Market Study Design Program Renewal Plan Plan Vision PROGRAM CRITERIA 15-20 Years 15-20 Years 15-20 Years 30 Years TIRADE AREA MARKET DEMAND Unit/Value Unit/Value Unit/Value Unit/Value Retail+Commercia) Office 1,500,000 S.F. 1,500,000 S.F. 3,000,000 S.F. 6,000,000 S.F. Multi-Family Housing 3,600 Units 3,600 Units 7,200 Units 14,400 Units CITY CENTER PLAN CAPTURE RATE 200/t (Mean) 30%-37%. 150/5-20%. 12.5%-150/- CITY CENTER PLAN MARKET DEMAND Retail+Commercial Office 300,000 S.F. 450,000-550,000 S.F. 450,000-600,000 S.F. 750,000-900,000 S.F. Retail-Commercial 200,000 S.F. 300,000-350,000 S.F. 300,000-300,000 S.F. 300,000-300,000 S.F. Commercial Office 100,000 S.F. 150,000-200,000 S.F. 150,000-300,000 S.F. 450,000-600,000 S.F. Multi-Family Housing 720 Units 1,080 Units 720-1,080 Units (10-15%) 1,440 Units (10%) Upscale Housing 360 Units 540 Units 360-540 Units 720 Units Midscale Housing 360 Units 540 Units 360-540 Units 720 Units i TRANSPORTATION ACCESS Access Lanes to City Center 7 Lanes 10-12 Lanes Access Improvement Priorities Main, Tigard, Ash Streets Street Grid, Light Rail Public Parking Requirement (1,500-2,000 Spaces)-Streets (2,500-3,000 Spaces)-Streets INFRASTRUCTURE SYSTEMS IMPACTS Water, ewer Q) Water, ewer (7) DEVELOPMENT STRATEGY PRIORITIES Infra-Structure Improvements Public Use Facilities Park, Squares, Art Center, Open Spaces, Streets, Amin. Civic Center Uses, Light Rail Public/Private Development "Yamhill Marketplace" Light Rail Partnerships Private Development Main Street, Park Housing, Main Street, Burnham/Tigard, SeaFirst Infiil. Housing TOTAL A PROGRAM/BUDGET Tigard City Center Potential Funding Sources Name Source Uses 1. Special Public Works Grants & loans from State Public works projects like Fund Lottery funds through streets, sewers, traffic application to Econ. Dev. signals which benefit Dept. economic dev.; create or retain jobs, etc. 2. Community Development Federal funds distributed by Public works of specific Block Grants (CDBG) State to Washington County benefit to low & moderate Income neighborhoods. 3. Federal Economic Dev. Grants from Economic Dev. Public works which are Grants Admin. for 50%-60% of instrumental in creating eligible project cost permanent jobs In area. 4. State Highway Funds Funds allocated by State Traffic signalization or other Highway Division improvements to 99W and Hall and intersections. 5. Water District Funds Funds allocated by Water Improvements or additions District from user charges to water distribution system to serve development. 6. Sewer Funds Funds budgeted by United Improvements to existing Sewerage Agency and/or sanitary sewer system to City adequately serve new development. 7. City Capital Improvement Allocation of funds & Wide variety of public works Funds projects within City's Capital or other needed projects. Improvement Program 8. Local Improvement Special assessments against Streets, sidewalks, parking Districts (L.I.D.) benefitted properties lots or garages. 9. Economic Improvement Special assessments agains hlrl Public area landscaping & Districts (E.I.D.) benefitted properties maintenance; promotional events; street sweeping; r}~p planning and management. 6 10. Parking Districts Special Taxing District Operation, maintenance, established by City Council program enforcement, using assessments and/or management for parking taxes on benefitted facilities within area. properties 11. Tax Increment Financing Property taxes on added Public improvements, valuation of land and structural rehabilitation, land buildings within an urban acquisition, program renewal area. management. 12. Land Resales Sale of land owned by an Assembly of parcels & Urban Renewal Agency to resale to private parties private development developing in compliance with plan objectives and standards. 13. Private Funding Private development, New development, donations, grants renovations; earmarked Moore Brelthaupt & Assoc.,inc. funds for specific purposes. October 18, 1988 ell) MAIN STREET COUPLET FFti eG ~c s r r 0 QP yti. SCO t/G~R ~ KKR ql JQ~H h~ P 194POZI MAIN COUPLET ' . WITH T'IGARD STREET c~ x D PG~4`G < TjC~RO ~4~ 'g Sr S N K R 6'G 411 A 4PO25 Bonn- on logo wmmmw~-- mmmwm~- "UGVA.T SAIL p ARKW Ay C,P 9G Q~ z ~P Tt~AR~ SrQ~fi/~s R 8LR ~'y4 ~r h~ P {y~P02a _ LIGHT RAIL COUPLET F~. G,P x r r G`~~G o QQ y,`. 111 jjjj~ T /c~R~ ~P sco~~fti R s ~ t '~tiyq ~i Py~ v4"24 - - I f NORTH END OF MAIN STREET I i TRAFFIC Capacity Circulation Separation STREET PATTERN Clarity < Usability ALTERNATE MODES G\~~c Transit QP Bicycle Pedestrian I RESOURCE PRESERV. Open space ~P I Wetlands i Historic buildings I scow Residential areas 194P002 II~ 1 ASH STREET AT RAILROAD CROSSING i TRAFFIC Cw acity ® 1 Circulation I °'~sy Separation w STREET PATTERN Clarity Usability I ~tiq ALTERNATE MODES Transit Bicycle Pedestrian RESOURCE PRESERV. i Open space h~ Wetlands Historic buildings Residential areas O04 sou-vvi S.TSFIE-T EWT Jov#4SON ~~SpH TRAFFIC Capacity Circulation separation p ATTERN 3~ STREET Clarity y~ ijsability Q 1 IIE LOBES a ALTER14Trans Bicycle . Pedestrian PgESEg,V . ~ gESOB ,CF open Space Wetlands _ buildings tg.vistoric areas _ Ptesidential B raj NoT O R 4E 0 VA I H co~ SOOT I -T 0 A~ 44 TRAF Capacity Circulation Separation T I,T~,,RN v? STRF, .P A! s z Clarity P Usability MCBES aQ ~ ALTER ~TE Transl Bicycle P edestrlall SERV . URCE PRE RESO " pen space W etlan.ds ins 'PAM wild 9 llisto,fJc ial areas ,Reside SOUTH DOWNTOWN AREA TRAFFIC -------✓y~------------ P\~ e~~ ~ Capacity soti yqy Circulation Separation f STREET PATTERN ! ~P 1 Clarity Usability i V4\ i ALTERNATE MODES ! QP Transit h~ Bicycle i P Pedestrian ` RESOURCE PRESERV. Open space Wetlands Historic buildings Residential areas 194P004 PROPOSED CITY CENTER DEVELOPMENT PLAN SCHEDULE WHAT WHEN WHO Develop Project List Oct. 29 - Nov. 17 CCPTF, G.S.A., Moore, Kittleson, Staff Transportation Levy Election Nov. 8 CCPTF Meeting Nov. 8 CCPTF Discussion of Project & Timelines Nov. 14 CCPTF, COUNCIL Workshop with Design Team Nov. 17 CCPTF, G.S.A Staff Public Review of Draft Project Nov. 21 - Dec. 2 PUBLIC List CCPTF, Staff Park Levy Discussion with Council Dec. 5 PARK BOARD, COUNCIL Staff Planning Commission Review of Dec. 6 PLANNING COMM. Parks Master Plans and City Center Park Board, CCPTF Transportation Report Staff Discussion of Draft Project List Dec. 12 COUNCIL with Council CCPTF, Staff % CCPTF Review of City Center Jan. 2..- 6 CCPTF Development Plan Public Review of City Center Jan. 9 - 13 PUBLIC Development Plan Planning Commission Review of Jan. 17 PLANNING COMM. City Center Development Plan CCPTF, Staff Citv Center Development Plan Feb. 2 STAFF Distributed to Council Presentation of City Center Feb. 13. CCPTF Development Plan to Council Council, Staff Hearings on City Center Feb. 13 & Feb 27 COUNCIL Development Plan CCPTF, Staff Ballot Title to Council March 15 STAFF Election on Parks Levy March 16 Council Action on Ballot March 27 COUNCIL Ballot Filed with County Clerk April 6 STAFF City Center Development Plan May 16 Financing Election br/7742D NOTE: Underlined = Lead on project CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: _November•_ 14, 1968 DATE= SUBMINovember Q, 1988 ISSUE/AGENDA TITLE: PREVIOUS ACTION: Keys to the City _ PREPARED BY: Donna_Cor•bet _ DEPT HEAD OK ~ITY ADMIIU OK_.-_ REQUESTED BY: Mayor and Council POLICY ISSUE Keys to the City are presented to citizens who have served on a board or committee in recognition of their service. INFORMATION SUMMARY The following people are being recognized for their service on a board or committee: Geraldine L.. Ball--Johnson NPO it A William L. Brown NPO # 7 Betsy Brinkley NPO # 8 Ray Baldwin NPO # 8 Bonnie Owens Planning Commission Erick Peterson Transportation Advisory Committee John Cochran Utility and Franchise Advisory Cum. ALTERNATIVES CONSIDERED FISCAL IMPACT SUGGESTED ACTION Presentation of "Keys" by Mayor dc:7897D _ i i I { CITY CENTE LAN T AS FORCE - PUBLIC TNF-QI MATION PLAN E SHE THE CITY CENTER VISION - Tigard, Oregon Mission: To share the vision of Tigard's City Center Plan with citizens and the business community in 'such a way that they can catch the spirit of the plan and see the value of implementing the plan. Goal: Through a process of public information/dissemination/ feedback/input between the CCPTF and the community at all levels and interests, capture public support for the mission and pass the funding for the City Center Plan on the ballot in May, 1989. Strategy: Segment the publics who.must be reached, including resident voters and non-voting influential individuals, and use an appropriate variety of tactics to reach these publics in order.to meet the goal. Schedule and assign tactics to task force members, city staff and volunteers. I. j Report on progress of implementing tactics at CCPTF meetings. E CITY OF TIGARD, OREGON 14 GL MEMORANDUM TO: Honorable Mayor and City Council November- 4, 1988 FROM: Pat Reilly, City Administrator SUBJECT: COUNCIL CALENDAR, FY 1987-88 4 i Attached is an updated tentative calendar for this fiscal year. Official Council meetings are marked with an asterisk I've put question marks along side those still needing Council OK. If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. is November '88 3, Thurs MACC Public Hearing for Community Access Rules & Procedures, 7:30 pm, Wa. Co. Fire District #1, Aloha, Training Rooms 1&2 5, Sat- Beaverton Arts Commission Open Night (7 pm, Food Court Cascade Plaza, 8775 SW Cascade Ave, Beaverton) i 7, Mon No Council Meeting 8, Tues Election Day 9, Wed NPO #3 Meeting re: Walnut island (7:30 pm Town Hall E Room) 10, Thurs I--5 Forum Breakfast (7 am, Charlie's) 11, Fri Veterans Day Holiday 12-15, Sat-Tues League of Oregon Cities Conf. in Portland *14, Mon Council Business Agenda (6:30/7:30) 15, Tues Board and Committee Chairs Meeting (7:30 pm) 16, Wed MACC Meeting (1:30) - Beaverton Library 18,19,20 Council Workshop (w/new CA and new Council) r' 21, Mon Intergovernmental Council of Wa. Co. Consolidated Communications Agency Workshop (Wa. Co. Fire District #1 Admin. Bldg., Board Room) re:policy issues, planning concerns, capital improvements & finances ? *21, Mon Council Business Agenda (6:30 Joint Meeting w/Econ.' Dev. Com./7:30) 24-25, Thurs-Fri Thanksgiving Holiday 28, Mori No Council Meeting F 30, Wed Appointment Advisory (5:15 pm)' December '88 i ?Dec Council Goals Workshop? 2, Fri Tree Lighting Ceremony (5:30 pm Town Hall Room) *5, Mon Council Business Agenda (6:30/7:30) *12, Mon Council Study Agenda (6:30 Joint Meeting w/Library Board/7:30) 15, Thurs Mayor's Farewell (Town Hall Room - time to be announced) *19, Mon Council Business Agenda (6:30/7:30) 21, Wed MACC Meeting (1:30) - Beaverton Library 26, Mon No Council Meeting 26, Mon Christmas Holiday Council. Calendar - Page 1 Jariuar y 1 89 2, Mon No Council Meeting 2, Mon New Year's Day *9, Mori Council Business Agenda (6:30/7:30) *-16, Mon Council Study Session (6:30/7:30) 16, Mon Martin Luther King, Jr. Holiday *23, Mon Council Business Agenda (6:30/7:30) February '89 i i *13, Mon Council Business Agenda (6:30/7:30) ~ 14, Tues Valentine's Day *20, Mon Council Study Session (6:30/7:30) *27, Mon Council Business Agenda (6:30/7:30) 20, Mon President's Day March '89 17, Fri St. Patrick's Day 24, Fri Good Friday 26, Sur) Easter May '89 14, Sun Mother's Day 29, Mon Memorial Day June '89 14, Wed Flag Day 29, Mon Memorial Day July '89 4, Tues Independence Day September '89 4, Mon Labor Day October '89 31, Tues Halloween November '89 23-24, Thurs-Fri Thanksgiving Holiday December '89 25, Mori Christmas Holiday mh0028a Agri Council Calendar - Page 2 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 14, 1988 DATE SUBMITTED: November A 1988 ISSUE/AGENDA TITLE: Monthly Report PREVIOUS ACTION: Community Services Department for September, 198 PREPAR'E'D BY: Donna Corbet DEPT HEAD OK" CITY ADMIN OK REQUESTED BY: Mayor and Council POLICY ISSUE Community Services Department Monthly Report for September, 1988 INFORMATION SUMMARY Attached is the Community Services Department- Monthly Report for September, 1988. r ALTERNATIVES CONSIDERED FISCAL IMPACT SUGGESTED ACTION Review and File dc:0009s MEMORANDUM CITY OF TIGARD, OREGON -TO: Honorable Mayor and City Council November 3, 1988 FROM: Jill Monley, Community Services Director SUBJECT: Monthly Departmental Report for September, 1988 COMMUNITY SERVICES ADMINISTRATION PERSONNEL The City Administrator Assessment Center was held September 9. Several highly qualified people were invited to participate. It resulted in the hiring of Pat Reilly, of Gladstone, Missouri. He is scheduled to begin October 3, 1988. September saw 5 more recruitments and 3 terminations. Along with that we were continuing to negotiate the TPOA contract. COMPUTER SERVICES Computer installations, especially in the local area networks, continued. The process of stabilizing the Police and Community Development Department's systems has been ongoing. FINANCE/ACCOUNTING The final review of the audit work papers was completed with Cooper's and Lybrand Partner, John Dethman. The Draft Comprehensive Financial Statements and the Management Letter will by typed by Word Processing and will be reviewed in early October. We expect- to report the results of the Audit to the Budget Committee in December or January. An IPM programmer worked for over a week on certain problems with several software modules. All work was successfully completed under the existing IPM maintenance agreement with no further charge to the city. The City Attorney and the Finance Director held the second negotiating session with a representative of Pacific Northwest Bell. We believe the process with PNB is nearing its conclusion and we anticipate bringing an ordinance before council in mid-November. We will also begin the negotiation process with the other public utilities in November. Throughout the spring and summer, we have had a student intern in the Accounting Section. Jackie Jones is an accounting student at Portland State and has now returned to school to complete her studies. She has made a great contribution to our division and we wish her the best. Attached you will find the "Financial Report" for July 1, 1988 through September 30, 1988. The "Adopted Budget" column is the 1988-89 adopted budget with ` all contingency appropriations through September 30, 1988. The actual column represents actual collections and expenditures to date, and audited beginning fund balances. Also included is a combined balance sheet for all funds. 2 C.S. Monthly Report (con't) CITY RECORDER Focus has continued on the Risk Management program for the city. Training at the Oregon Public Risk Managers Association Conference was helpful and informative. Program development, selection of the Agent of Record, and education in the risk management field have been ongoing. This election season has been extremely busy and deadlines for council candidate filings were met. The Deputy Recorder is becoming more involved with agenda process which includes tracking agenda items, updating agendas with information from Council meetings, and communications from City staff. This position serves as the center to receive agenda update information used in the publication of tentative agendas for future meetings. Since this is a Council election year, following is a little history of the Council in Tigard that might be interesting- • Tigard has had 9 mayors and 1 protem mayor since incorporation. Only 2 of those mayors did not also serve as a councilor prior to or after their service as mayor. Tigard has had 37 councilors since incorporation. o Tigard's first mayor and council in 1961 were: Elton Phillips, Mayor, Edward Woodard, James Aitken, Karl Hanneman and Earlis Reid Awl ~C OFFICE SERVICES Word Processing - For the first month in several, full staff coverage in word processing was achieved. W.P. still processed 41.8 % of the projects on a rush basis. Many of these rush projects are being requested in less than two hours. This is an indication of the pace the city and our organization is keeping. Our hats are off to the C.D. clerical staff- on their efforts to decrease the number of rush projects from that department. 118.5 hours was spent on special projects including the Annual Report, Personnel filing, Records filing and labeling, data input in accounting, assisting office support in inputting Section 18 of the TMC. The Annual Report and TMC are not completed but will be in October. Office Support - There was another increase (16.7 percent) in the number of special/ongoing projects this month. This seems to be a main focus of work at this time. Office Management - Copy machine bid specs for 4 city locations have been submitted and are being evaluated. The FAX machine specs have been evaluated and a recommendation has been submitted. Purchase is scheduled for early November. When Floating Point was closing down some of their Beaverton operation, we were able to purchase 300 notebooks for $30, saving approximately $720. In addition, we purchased some general office supplies, five supply cabinets for $35. each, tables, a typewriter stand, a desk and a computer stand. 3 C. S. Monthly Report (con't) COURT Marge For•za resigned and Colleen Asp has been promoted to the OA II position. Colleen has worked for, the City for four years, three of which has been in Court. We will be filling her position in October. Revenues for the first quarter are lower than projected (projected: $67,750, actual y $62,200). This is mainly due to a lower than anticipated caseload. Collections i are being done regularly and are going quite well. There has been a 25 percent decrease in accounts receivable, again partially due to the reduction in caseload. In comparing the "fine per cite" being collected this quarter to past years, we have seen a $6 per cite increase over the 86-87 colleci;ion rate, and a $3 per cite increase over 87-88 collections. Staff will continue to keep collections up-to-date. However, if the caseload trend continues, it may be necessary to recognize the reduction in revenue during the supplemental budget process. Changes were made in the justice computer program to increase accuracy and efficiency. The bail distribution program consolidated screens, and once all the information is entered, will save staff- approximately 6-8 hours per month. The fine and payment screens were modified to show the payment type and to insure the account breakdown equals the amount paid. This will help decrease operator error and the additional time it takes to correct errors. RECORDS G Records staff continue working towards meeting their 1988/89 work program goals. The major areas of focus this month were: conversion of 455 files to end tab files, creation of 378 new files, and continued computer indexing of resolutions and ordinances. The information entered on the computer system has cut down on the time needed to research Council filing, Twenty-three computer searches were done in September. The 23 requests took about an hour, which is less time than one manual search usually takes. The Records Management Committee has formed three sub-committees to address City--wide records issues. The micrographics sub-committee will be focusing on the City's need for micrographics. Another group will be developing a disaster recovery plan. The purpose of the program is to have an action plan for saving records vital to the City's operation in event of a disaster. The policy and procedure manual sub-committee will be developing a records manual for City-wide use. It will include information on submitting records, records room and vault use, state and local laws, record retention periods, disaster recovery, and micrographics. 4 COMMUNITY SERVICES DEPARTMENT WORK MEASURES SEPTEMBER, 1988 ACCOUNTS PAYABLE: 9/87 9/88 SEWER: 9/87 9/88 Accounts Payable Checks: 365 461 Sewer bills sent out 6057 6908 Vendors 771 1178 Sewer payments 6089 5880 Check requests 312 375 Phone calls 516 331 Payroll checks 275 430 Treasurer's Receipts 864 809 Purchase Orders Processed 74 56 New Customer & Add. 507 373 chg. and Adjustments OFFICE SERVICES 9/88 Number of W.P. work orders 495 Number of pages processed in W.P. 2266 Average turn around time per WP Work Order 5.3hr• Number of Office Support Work Orders 274 Number of pages processed in Office Support 31,488 Average turn around time/Office Support Work Order 6.1hr Number of Special/Ongoing Office Support Projects 453 X* The manner in which we are keeping track of Office Services statistics is changing. We are separating the Word Processing statistics from Office Support. Therefore, last year's totals would be misleading. PERSONNEL 9/87 9/88 Recruitments 2 1 Hires 5 2 Terminations 1 2 Unemployment Claims 1 0 Claims Filed: Worker's Compensation 1 3 RECORDER'S OFFICE Year-to-Date 9/87 9/88 Resolutions processed 120 98 Ordinances processed 54 28 Comparisons of same mo. 1 year ago: No. of Council Meetings 3 4 No. of Hours for Meetings 12 15.5 Agenda Items received, reviewed and followed up on (if necessary) 51 79 Copy Volume for September CC Meetings 7,155 8,917 0009s 5 10/01/88 CITY OF TIGARD CLAIM STATUS REPORT FOR SEPTEMBER, 1988 LOSS DATE CLAIMANT DESCRIPTION STATUS 2/04/85 Fredric Nickel Criminal counter cplt. open (Officer Hal Merrill) 03/16/85 Julie B. Winkelman Wrongful Death open Officer Killion 12/11/87 Jack Norman III by father Jack Norman Sr. - open Alleges City liable in traffic mishap when son struck by Marie Bernadette Winkler in crosswalk 5/9/88 John 0. Umude Alleges unlawful employment open practices 7/5/88 City of Tigard H. Fleming hit city owned traffic open light & knocked out signals (72nd St.) 7/7/88 Gordon R & Gordon S. Summons & Complaint. Several open Martin challenges... 8/5/88 Deborah Stuart Employee of city alleges sign open improperly placed in parking lot. Damaged car on it. 8/12/88 Adrian Ramburg Collision with our police car during open response to emergency with wig- wags on. Extensive damage to both cars. Ofc. Warren 4/17/88 Laura Jones Alleges city improperly maintains open signals & shrubs, etc, at inter- section of Hwy 99 & McDonald & Gaarde resulting in accident. 5/28/88 Teresa Lynn Blocker Alleges she was struck by Cpl. Johnson. open 8/19/88 City of Tigard Vandalism at Gook Park restrooms. open 7/88 Burl Morford Alleges roadwork on 132nd elevated open driveway grade to 15 degrees 9/13/88 Scott Hummel Alleges his car was damaged on open manhole cover at corner of Colony Creek & Hall Blvd. 9/29/88 Debra Fuller Alleges damage to car when Officer open Knutson rear-ended her while trying to give her a citation. She had stopped abruptly. dc:0009s 6 NON-STAFF RESOURCES/VOLUN"T"EER REPORT SEPTEMBER, 1988 PROJECTED YTD FY TOTAL CATEGORY 1986-87 1987-88 September, 1988 1988-89 1988-89 % Change Boards & Committees 2601.75 2804.25 312.75 702.75 2811. -0-% Volunteer Staffing 7272 7142.25 557.75 1606.5 6426. -11% TCYS N/A 1190 -0- 1027.0 1027.0 -15% Community Service 2387.25 2501.50 218. 663.0 2652.0 6% Other 264.5 81.0 42.0 42.0 TOTAL: 12,525.5 12,448.0 1,130.50 3,999.25 12,916.0 +3% dc:0009s 7 CITY OF TIGARD COMBINED BALANCE SHEET FOR QUARTER ENDED SEPT 30, 1988 General Special Assort 60 Debt Bancroft Sewer Storm General General Total Fund Revenue CIP Service Debt Serv Fund Drain F/A L/T Debt ASSETS Cash and Investments $965,057 $1,277,106 $719,629 $19,633 $913,364 $796,205 $350,123 $5,041,117 Receivables 281,091 24,052 1,245,597 87,791 33,453 1,671,984 Inventory (2,688) (2,688) Fixed Assets 4,023,661 3,260,624 6,201,424 13,485,709 Amount to be Provided 6,342,596 6,342,596 Total Assets $1,243,460 41,277,106 $719,629 $43,685 $2,158,961 $4,907,657 $3,644,200 $6,201,424 $6,342,596 126,538,71B LIABILITIES & EOUITY Liabilities Accounts Payable $6,172 14,511 $258,954 $4,386 $274,023 Deposits 71,475 71,475 Deferred Revenues 246,070 21,379 1,194,235 1,461,684 In Bonds Payable 2,580,000 2,580,000 -raft Bonds Payable 2,171,000 2,171,000 Bond Anticipation Notes 1,200,000 1,200,000 Other Liabilities 32,024 391,596 423,620 Total Liabilities 355,741 0 0 21,379 1,198,746 258,954 4,386 0 6,342,596 8,181,802 Equity Contributed Capital 3,804,683 3,778,307 7,582,990 Retained Earniings 805,419 (143,245) 662,174 Fund Balances 1,337,303 1,164,071 734,493 17,871 832,423 4,086,161 Invest in F/A 6,201,424 6,201,424 Total Equity 1,337,303 1,164,071 734,493 17,971 832,423 4,610,102 3,635,062 6,201,424 0 18,532,749 Total Liab & Eq $1,693,044 $1,164,071 $734,493 $39,250 $2,031,169 $4,869,056 $3,639,448 $6,201,424 $6,342,596 $26,714,551 i Excess of Rev/Exp (449,584) 113,035 (14,864) 4,435 127,792 38,601 4,752 (175,833) i. Net Liab & Equity $1,243,460 $1,277,106 $719,629 $43,695 $2,158,961 $4,907,657 $3,644,200 $6,201,424 $6,342,596 $26,538,718 E A E t 4(i tl6 f C IN I City Of Tigard Financial Report-YTD September 1988 1988-89 SEPTEMBER VARIANCE % REVENUE ADOPTED 1988 UNCOLLECTED COLLECTED BUDGET ACTUAL UNEXPENDED EXPENDED GENERAL FUND TAXES $2,212,633 ?46.•%75 $2,166,458 0.02 (F) OTHER AGENCIES $932,543 $148,608 2783,935 0.16 FEES AND CHARGES $707,000 $184,851 $522,149 0.26 COURT FINES $284,000 $62,832 $221,168 0.22 FRANCHISE FEES $800,077 $205,706 $594,371 0.26 USE OF MONEY/PROP $179,000 $41,760 $137,240 0.23 OTHER REVENUE $161,900 $36,189 $125,711 0.22 SUBTOTAL G/F $5,277,353 $726,321 $4,551,032 0.14 BEGINNING FUND BALANCE $1,362,929 $1,337,303 $25,626 (E) TOTAL GENERAL FUND $6,640,282 $2,063,624 $4,576,658 0.31 STATE GAS TAX $899,539 $350,400 $549,1=9 0.39 (A) COUNTY GAS TAX $167,408 $110,028 $57,380 0.66 (A) COUNTY ROAD LEVY $63,000 $69,509 ($6,5(-.19) 1.10 (A) STREETS SDC $730,000 $882,788 ($152,788) 1.21 (A) PARKS SDC $150,000 $129,576 $20,424 0.86 (B) SEWER FUND $1,428,927 $639,651 $589,276 0.59 (C) STORM DRAINAGE FUND $611,942 $499,681 $112,261 0.82 (C) SPEC ASSMT CIP $22,370,000 $749,571 $1,620,429 0.32 BANCROFT BOND DEBT $3,785,955 $1,031,842 $2,75401: 0.27 GENERAL BOND DEBT $257,037 $22,306 $234,731 0.09 FORFEIT-CRIM ACTIVITY $0 $45,242 ($45,242) 0.00 (D) TOTAL REVENUES $17,104,090 $6,794,218 $10,309,872 0.40 PROGRAMS/DEPARTMENTS COMMUNITY SERVICES POLICE $2,266,298 $473,324 $1,792,974 0.21 COMMUNITY SERVICES $848,338 $214,727 $633,611 0.25 MUNICIPAL COURT $97,328 $23,558 $73,770 0.24 LIBRARY $456,923 $122,984 $333,939 0.27 SOCIAL SERVICES $42,500 $9,875 $32,625 0.23 TOTAL COMMUNITY SERVICE $3,711,387 $844,468 $2,866,919 0.23 COMMUNITY DEVELOPMENT CD ADMIN $319,779 $75,954 $243,825 0.24 DS BUILDING $313,499 $63,844 $249,655 0.20 DS PLANNING $330,445 $65,750 $264,695 0.20 DS ENGINEERING $307,874 $69,791 $238,083 0.23 PW SHOPS & SERVICES $260,624 $40,151 $220,473 0.15 PW WASTEWATER $424,176 $73,116 $351,060 0.17 PW STREETS & LIGHTS $672,066 $123,673 $548,393 0.18 PW PARKS & GROUNDS $229,900 $57,532 $172,368 0.25 TOTAL COMM DEV $2,858,363 $569,811 $2,288,552 0.20 POLICY AND ADMINISTRATION $179,652 $31,618 $148,0%4 0.1B CITY WIDE SUPPORT NON DEPARTMENTAL $741,515 $246,679 $494,836 0.33 CITY ATTORNEY $100,000 $8,355 $91,645 0.0B TOTAL CITY WIDE $841,515 $255,034 $586,481 0.30 OPERATING BUDGET $7,590,917 $1,700,931 $5,889,986 0.22 DEBT SERVICE $4,042,992 $71,412 $3,971,580 0.02 ALL OTHER CIP-GENERAL $556,8933 $5,852 $551,041 0.01 CIP-OTHER $3,718,336 $144,824 $3,573,512 0.04 TOTAL CIP $4,275,229 $150,676 $4,124,553 0.04 CONTINGENCY RESERVES GENERAL OPERATING $73,843 $73,543 $0 0.00 (G) GENERAL RESERVE $840,497 $840,497 $0 0.00 OTHER FUNDS $280,912 $280,912 $0 0.00 TOTAL CONTINGENCY $1,194,952 $1,194,952 $0 0.00 TOTAL EXPENDITURES $17,104,090 $3,117,971 $13,986,119 0.18 (See footnotes on attached page) CITY OF TIGARD FOOTNOTES TO FINANCIAL REPORTS FOR QUARTER ENDED SEPTEMBER 30, 1988 General Audited beginni j fund balances are reflected in Revenue YTD Actual column rather than adopted beginning fund balances. Fund balance adjustments will be made to the adopted budget in a supplemental in January 1989. (A) The beginning fund balances for all four street related special revenue funds were significantly greater than anticipated in the adopted budget due to less than anticipated street expenditures in late 1987-88 and strong development related revenues during that same period. (B) Parks SDC beginning fund balance was $64,000 greater than anticipated due to a Council approved decision to save Parks SDC Revenues for Summerlake Park land acquisitions in the fall and winter of 1988-89. (C) Due to a change in the method of estimating beginning fund balances for budgetary purposes, beginning fund balances in the enterprise funds varied significantly from the adopted budget as follows: Adopted Audited BFB BFB Change Sewer Fund 697,927 586,440 (111,487) Storm Drainage Fund 86,942 374,437 287,495 (D) Criminal forfeitures of $45,242 were received and budgeted in 1987-88 but not spent. This fund was not included in the 1988-89 adopted budget because the revenue was recognized after budget adoption. Beginning fund balance will be included and appropriated into Community Services-Police in the Supplemental Budget. (E) Beginning fund balance in the General Fund was $25,626 less than anticipated in the 1988-89 Adopted Budget. This difference will be dealt with in the Supplemental Budget along with other changes in revenue. (F) Property tax receipts through September 1988 reflect collection of prior years delinquent taxes. The majority of current year tax revenue will be received in the December tax apportionment from Washington County. (G) General Fund operating contingency was adopted at $122,951 and has been reduced to $73,543 by the following Council actions: Resolution Description G/F Cont. $ 88-68 TVEDC Participation 2,249 88-75 Citicorp Lease Partial Buyout 16,500 88-79 CCPTF Financial Study 10,659 88-80 Senior Center Match 91000 88-88 CCPTF Design Study 11,000 49,408 cn/7833D h /M CITY OF TIGARD, OREGON C COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 14, 1988 DATE SUBMIT-1*ED: November 4 1988 ISSUE/AGENDA TITLE: Acceptance - PREVIOUS ACTION: None Tigard Library Policy Statement PREPARED BY: Irene E. Ertell DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Library Board POLICY ISSUE To establish a formal, published statement regarding the overall policy for offering library service to the Citizens of Tigard, Oregon. INFORMATION SUMMARY The Library has had, since 1977, a policy regarding the selection of material. In subsequent years, the Board has reviewed that policy, sometimes making revisions. Other policy items regarding gifts, withdrawal of materials and privacy of records also have been added. This document represents a ti review of those portions as well as incorporation of items which have been practice. This document will serve as a formal statement. ALTERNATIVES CONSIDERED 1. Adopt a formal statement of policy for the Tigard Public Library. t 2. Continue with piecemeal policy statements covering only a narrow scope. 4 it FISCAL IMPACT None. SUGGESTED ACTION s 1. Adopt this formal statement of policy for the Tigard Public Library. 4 t' i cw/7899D K E 1 i MIN TIGARD PUBLIC LIBRARY POLICY MANUAL Paae I. Philosophy Statement . . . . . . . . . . . . . . . . . . . . . 2 II. Goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 III. Selection of Library Materials . . . . . . . . . . . . . . . . 4 Library Bill of Rights . . . . . . . . . . . . . . . . . . 5 Freedom to Read . . . . . . . . . . . . . . . . . . . . . 6 Freedom to View . . . . . . . . . . . . . . . . . . . . . 10 IV. Reconsideration of Library Materials . . . . . . . . . . . . . 11 V. Gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Vi. Withdrawals of Materials . . . . . . . . . . . . . . . . . . . 14 VII. Privacy of Records . . . . . . . . . . . . . . . . . . . . . . 15 VIII. Meeting Room Use . . . . . . . . . . . . . . . . . . . . . . . 16 IX. Exhibit Spaces and Distribution of Materials . . . . . . . . . 17 X. Program Criteria . . . . . . . . . . . . . . . . . . . . . . . 18 XI. Use of the Tigard Public Library . . . . . . . . . . . . . . . 19 XII. Children in the Library . . . . . . . . . . . . . . . . . . . 21 XIII. Free Access to Libraries for Minors . . . . . . . . . . . . . 22 XIV. Code of Ethics . . . . . . . . . . . . . . . . . . . . . . . . 23 XV. Relationships and Cooperation with Other Libraries . . . . . . 24 XVI. Tigard Municipal Code Chapter 2.36 . . . . . . . . . . . . . . XVII. City of Tigard Ordinances 72-30 and 84-35 . . . . . . . . . . XIX. Oregon Revised Statutes Chapter 357.400 - 357.780 . . . . . . May 1988 0020L -1- I. PHILOSOPHY STATEMENT: ( Tigard is a vibrant growing community grounded in a tradition of hard work, t, open inquiry, and free expression. The library is an integral part of that ethic, this tradition. The Tigard Public Library was established by a community that believed in providing a source for reliable information, a place for open inquiry, an opportunity for education beyond the formal school system, encouragement for personal enrichment and enjoyment, and a place where diverse concepts can be examined and weighed. The library is more than an attractive place for children to attend story time. It is a measure of the community's health and well-being. It is a reflection of the past and a door to the future. The library nourishes the inquiring mind. It also provides for an informed citizenry that is the mainstay of a democratic society. The library is compelled to provide as much information and present as many ideas as possible so that our society may continue to be strong and maintain the freedoms embodied in our country's founding documents. All resources and services must be available to everyone regardless of age, sex, physical condition, economic condition, ethnic background, religious persuasion, or political status. Even in times of economic pressure and increased demands for "life sustaining" services, the library must insist on its share of available resources that will maintain the innerlife as well as the physical well-being of all citizens. The Tigard Public Library must fulfill its destiny as the center of the community providing tools for growth, continuing education, and an awareness of the past, present, and future. The Tigard Pubii.c Library Board-endorses and supports community involvement in the availability and growth of a commonly held resource accessible to all members of the community. Realizing that information is available in many forms, the Library Board supports adequate funding for different media requested by the community: books, magazines, special collections, maps, microfiche, tapes, records, videos, pamphlets, loose leaf services, software, and other formats. To make the collection accessible to the community the Library Board supports adequate funding to meet the staffing needs necessary to be open a maximum number of hours to our service area population. The Library Board desires to support, promote and provide the maximum number of resources and programs that the community needs and demands and to make these resources accessible to all. 0020L -2- E . i II. GOALS, Tigard Public Library (TPL) has been established to provide free access to information reflecting as many viewpoints and opinions as possible within its resources. TPL will provide books and other materials to support the inquiry and recreational reading needs of all people of all ages. TPL will strive to offer opportunity, encouragement, and guidance to users in making the best use of its resources. TPL supports universal education as a continuing process throughout life. With minimum duplication of public school resources, TPL will provide materials to supplement requirements of students. TPL will provide the best service possible by a continuous process of upgrading ti resources and facilities. TPL will use all available resources as economically, efficiently, and effectively as possible. G i i c t i i i i P k. 'Ark Y. I. C 0020L -3- III. SELECTION OF LIBRARY MATERIALS: 1. Responsibility: Authority for the determination of a policy in the selection and acquisition of Library materials is vested in the Library Board. Final responsibility for selection of materials within policy guidelines rests with the Library Director. Certain areas of responsibility for selection are assigned by the Director to appropriate professional staff. Any staff member may submit suggestions for the purchase of an item as may any library patron. On a regular basis all suggestions are considered for purchase by the professional staff and the Library Director according to the Library selection policy. 2. Selection Policy: Within practical limitations materials are selected for their literary or artistic merit, authentic information, usefulness, enjoyability, and/or current or historical interest. Judgments of experts or professionally trained staff members and qualified reviewers and respected sources provide a balance of opinion as the basis for selection. Final decision is based on the anticipated value and interest of the material to the Library's public, regardless of the personal taste of the selectors. These standards apply equally to materials purchased and to those received as gifts. 3. The Library recognizes the purposes and resources of other libraries in the area and shall not needlessly duplicate functions and materials. The Library does not attempt to acquire textbooks or other curriculum related materials except as such materials also serve the general public. Legal { and medical works will be acquired only to the extent that they are useful to the layman. 4. Tigard Public Library endorses the material selection principles contained in the Library Bill of Rights, the Freedom to Read statement and the Freedom to View statements adopted by the American Library Association and follows the selection principles contained therein. r s t: is r 0020L -4- LIBRARY BILL OF RIGHTS The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services. 1. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation. 2. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should riot be proscribed or removed because of partisan or doctrinal disapproval. 3. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment. 4. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression access to ideas. 5. A person's right to use a library should not be denied or abridged because of origin, age, background, or views. 6. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use. Approved by ALA Council 1980 Midwinter January 1980 0020L -5- Mill FREEDOM TO READ The freedom to read is essential to our democracy. It is under attack. Private groups and public authorities in various parts of the country are working to remove books from sale, to censor textbooks, to label "controversial" books, to distribute lists of "objectionable" books or authors, and to purge libraries. These actions apparently rise from a view that our national tradition of free expression is no longer valid; that censorship and suppression are needed to avoid the subversion of politics and the corruption of morals. We, as citizens devoted to the use of books and as librarians and publishers responsible for disseminating them, wish to assert the public interest in the preservation of the freedom to read. We are deeply concerned about these attempts at suppression. Most such attempts rests on a denial of the fundamental premise of democracy: that the ordinary citizen, by exercising his critical judgment, will accept the good and reject the bad. The censors, public and private, assume that they should determine what is good and what is bad for their fellow citizens. We trust Americans to recognize propaganda, and to reject obscenity. We do not believe they need the help of censors to assist them in this task. We do not believe they are prepared to sacrifice their heritage of a free press in order to be "protected" against what others think may be bad for them. We believe they still favor free enterprise in ideas and expression. We are aware, of course, that books are not alone in being subjected to efforts at suppression. We are aware that these efforts are related to a larger pattern of pressures being brought against education, the press, films, radio, and television. The problem is not only one of actual censorship. The shadow of fear cast by these pressures leads, we suspect, to an even larger voluntary curtailment of expression of those who seek to avoid controversy. Such pressure toward conformity is perhaps natural to a time of uneasy change or pervading fear. Especially when so many of our apprehensions are directed against an ideology, the expression of a dissident idea becomes a thing feared in itself, and we tend to move against it as against a hostile deed, with suppression. And yet suppression is never more dangerous than in such a time of social tension. Freedom has given the United States the elasticity to endure strain. Freedom keeps open the path of novel and creative solutions, and enables change to come by choice. Every silencing of a heresy, every enforcement of an orthodoxy, diminishes the toughness and resilience of our society and leaves it the less able to deal with stress. i Now as always in our history, books are among our greatest instruments of freedom. They are almost the only means for making generally available ideas I or manners of expression that can initially command only a small audience. They are the natural medium for the new idea and the untried voice from which come the original contributions to social growth. They are essential to the extended discussion which serious thought requires, and to the accumulation of knowledge and ideas into organized collections. FREEDOM TO READ - 1 E 0020L -6- I We believe that free communication is essential to the preservation of a free society and a creative culture. We believe that these pressures towards conformity present the danger of limiting the range and variety of inquiry and expression on which our democracy and our culture depend. We believe that every American community must jealously guard the freedom to publish and to circulate, in order to preserve its own freedom to read. We believe that publishers and librarians have a profound responsibility to give validity to that freedom to read by making it possible for the readers to choose freely from a variety of offerings. The freedom to read is guaranteed by the Constitution. Those with faith in free men will stand firm on these constitutional guarantees of essential rights and will exercise the responsibilities that accompany these rights. We therefore affirm these propositions: 1. It is in the public interest for publishers and librarians to make available the widest diversity of views and expressions, including those which are unorthodox or unpopular with the majority. Creative thought is by definition new, and what is new is different. The bearer of every new thought is a rebel until his idea is refined and tested. Totalitarian systems attempt to maintain themselves in power by the ruthless suppression of any concept which challenges the established orthodoxy. The power of a democratic system to adapt to change is vastly strengthened by the freedom of its citizens to choose widely from among conflicting opinions offered freely to them. To stifle every nonconformist idea at birth would mark the end of the democratic process. Furthermore, only through the constant activity of weighing and selecting can the democratic mind attain the strength demanded by times like these. We need to know not only what we believe but why we believe it. 2. Publishers and librarians do not need to endorse every idea or presentation contained in the books they make available. It would conflict with the public interest for them to establish their own political, moral and aesthetic views as the sole standard for determining what books should be published or circulated. Publishers and librarians serve the educational process by helping to make available knowledge and ideas required for the growth of the mind and the increase of learning. They do not foster education by imposing as mentors the patterns of their own thought. The people should have the freedom to read_,pLnd consider a broader range of ideas than those that may be held by any single librarian or publisher or government or church. It is wrong that what one man can read should be confined to what another thinks proper. 3. It is contrary to the public interest for publishers or librarians to determine the acceptability of a book solely on the basis of the personal history or the political affiliations of the author. A book should be judged as a book. No art or literature can flourish if it is to be measured by the political views or private lives of its creators. No society of free men can flourish which draws up lists of writers to whom it will not listen, whatever they may have to say. FREEDOM TO READ - 2 0020L -7- 4. The present laws dealing with obscenity should be vigorously enforced. t Beyond that, there is no place in our society for extra-legal efforts to coerce the taste of others, to confine adults to the reading matter deemed suitable for adolescents, or to inhibit the efforts of writers to achieve artistic expression. To some, much of modern literature is shocking. But is not much of life itself shocking? We cut off literature at the source if we prevent serious artists from dealing with the stuff of life. Parents and teachers have a responsibility to prepare the young to meet the diversity of experiences in life to which they will be exposed, as they have a responsibility to help them learn to think critically for themselves. These are affirmative responsibilities, not to be discharged simply by preventing them from reading works for which they are not yet prepared. In these matters tastes differ, and taste cannot be legislated; nor can machinery be devised which will suit the demands of one group without limiting the freedom of others. We deplore the catering to the immature, the retarded or the maladjusted taste. But those concerned with freedom have the responsibility of seeing to it that each individual book or publication, whatever its contents, price or method of distribution, is dealt with in accordance with due process of law. 5. It is not in the public interest to force a reader to accept with any book the prejudgment of a label characterizing the book or author as subversive or dangerous. The idea of labeling presupposes the existence of individuals or groups with wisdom to determine by authority what is good or bad for the citizen. It presupposes that each individual must be directed in making up his mind about the ideas he examines. But Americans do not need others to do their thinking for them. 6. It is the responsibility of publishers and librarians, as guardians of the people's freedom to read, to contest encroachments upon that freedom by individuals or groups seeking to impose their own standards or tastes upon the community at large. It is inevitable in the give and take of the democratic process that the political, the moral, or the aesthetic concepts of an individual or group will occasionally collide with those of another individual or group. In a free society each individual is free to determine what it will recommend to i%p freely associated members. But no group has the right to take the law into its own hands, and to impose its own concept of politics or morality upon other members of a democratic society. Freedom is no freedom if it is accorded only to the accepted and the inoffensive. 7. It is the responsibility of publishers and librarians to give full meaning to the freedom to read by providing books that enrich the quality of thought and expression. By the exercise of this affirmative responsibility, bookmen can demonstrate that the answer to a bad book is a good one, the answer to a bad idea is a good one. FREEDOM TO READ - 3 i 0020L -B- i F The freedom to read is of little consequence when expended on the trivial; it is frustrated when the reader cannot obtain matter fit for his purpose. What is needed is not only the absence of restraint, but the positive provision of opportunity for the people to read the best that has been thought and said. Books are the major channel by which the intellectual inheritance is handed down, and the principal means of its testing and growth. The defense of their freedom and integrity, and the enlargement of their service to society, requires of all bookmen the utmost of their faculties, and deserves of all citizens the fullest of their support. We state these propositions neither lightly nor as easy generalizations. We here stake out a lofty claim for the value of books. We do so because we believe that they are good, possessed of enormous variety and usefulness, worthy of cherishing and keeping free. We realize that the application of these propositions may mean the dissemination of ideas and manners of expression that are repugnant to many persons. We do not state these propositions in the comfortable belief that what people read is unimportant. We believe rather that what people read is deeply important that ideas can be dangerous; but that the suppression of ideas is fatal to a democratic society. Freedom itself is a dangerous way of life, but it is ours. Adopted June 25, 1953, by the ALA Council. Endorsed by: American Library Association Council, June 25, 1953 American Book Publishers Council, Board of Directors, June 16, 1953 Subsequently Endorsed by: American Booksellers Association, Board of Directors Book Manufacturers' Institute, Board of Directors National Education Association, Commission for the Defense of Democracy through Education FREEDOM TO READ - A 0020L -9- FREEDOM TO VIEW The FREEDOM TO VIEW, along with the freedom to speak, to hear, and to read, is protected by the First Amendment to the Constitution of the United States. In a free society, there is no-- place for censorship of arty medium of expression. Therefore, we affirm these principles: 1. It is in the public interest to provide the broadest possible access to film and other audiovisual materials because they have proven to be among the most effective means for the communication of ideas. Liberty of circulation is essential to insure the constitutional guarantee of freedom of expression. 2. It is in the public interest to provide for our audiences, films and other audiovisual materials which represent a diversity of views and expression. Selection of a work does not constitute or imply agreement with or approval of the content. 3. It is our professional responsibility to resist the constraint of labeling or pre-judging a film on the basis of the moral, religious, or political beliefs of the producer or filmmaker or on the basis of controversial content. 4. It is our professional responsibility to contest vigorously, by all lawful means, every encroachment upon the public's freedom to view. C Originally drafted by the Educational Film Library Association's Freedom to View Committee and adopted by the EFLA Board of Directors in February 1979. Adopted by American Library Association on June 28, 1979. Adopted by the Board of Directors of the Association of Educational Communications and Technology on December 1, 1979. 0020L _10- IV. RECONSIDERATION OF LIBRARY MATERIALS: As the Library strives to provide books and other materials for the interest, information, and enlightment of all people in the community, it is inevitable that there will be disagreement on the merit of various items. The Library selection staff is not able to read or review each item before ordering-, though it utilizes as much as possible recognized review sources. If a patron or a group objects to any item, they will be furnished with the "Request for Reconsideration of Library Materials" form (see following) which must be filled out before reconsideration will be given. The Library Director will examine the item in question, checking reviews and determining whether it conforms to the standards as stated in the Selection of Library Materials. The Library Director will decide whether to withdraw or restrict the material in question and will write to the complainant giving the reasons for the decision. If the complainant wishes to contest the Library Director's decision, the "Request for Reconsideration of Library Materials" may be presented to the Library Board for review, by letter or by making prior arrangements to be on the agenda of a Library Board meeting. The Board will consider the complaint and the Library Director's recommendations. The Library Board will make its decision based on the standards as stated in Selection of Library Materials. 0020L -11- TIGARD PUBLIC LIBRARY 13125 SW Hall Blvd., Tigard, OR 97223 REQUEST FOR RECONSIDERATION OF LIBRARY MATERIALS Book Author Title Call Number Hardback Paperback Periodical Author & Title of Article Vol. No. Date Pages Other (Video, Tape, Record) Title Call Number i Your Name Address Telephone You represent: Yourself Group/Organization (Name) 1. To what in the above mentioned item do you object? (Please be specific; cite pages, sections) v s 2. What do you believe is the theme and intention of the author of this item? 3. Is there anything good about this item? 4. Did you read or view the entire item? What parts? 5.- Are you aware of the judgment of this item by critics? I; 6. How would you answer people who feel that the item should be in the library? f t 7. What would you like the library to do about this item? k c Signature of Complainant Date 04/BB 0020L -12- V. GIFTS: The Library will accept monetary donations and gifts of materials with the understanding that gifts of materials will be added to the collection only if they meet the same standards of value required of materials purchased by the Library. Gift materials not meeting those standards, those that are out of date, unneeded duplicates of items already owned, or those in a form unsuitable for Library use, may be given to other organizations, sold, exchanged, or discarded. A letter for tax purposes may be sent to the donor if requested at the time the donation is made acknowledging receipt of the gift only. Whenever a gift is no longer needed it will be disposed of in the same manner as material purchased by the Library. 0020L -13- VI. WITHDRAWALS OF MATERIALS: The Library maintains an active policy of withdrawals based on the elimination of outdated material, books no longer needed or of interest as evidenced by circulation records, unneeded duplicates and worn or mutilated copies. Frequency of circulation, community interest, and availability of new and more valuable materials are prime considerations. Materials dealing with the Pacific Northwest and by local authors will be an exception, as will classics, award winning books, and books that have received recurrent interest over the years. 4 Withdrawn materials will be disposed of by one of the following means: a. Gifts to other Libraries b. Book sales for Friends of the Library c. Recycling d. Discard i P V i ~ i } i e i j i s t F k f f@~ C C O020L -14- VII. PRIVACY OF RECORDS: Every person has a right to inspect any public record of a public body in this state except as otherwise expressly provided by ORS 192.501 to 192.505. Patron registration is a public record and not exempt by ORS 192.500. Public library circulation records showing the use of specific library materials by named persons are exempt from disclosure under ORS 192.410 and ORS 192.500. Such disclosure would clearly constitute an unreasonable invasion of privacy. Any problems or conditions relating to the privacy of a patron through the records of Tigard Public Library which are not provided for in this policy statement should Le refereed to the Library Director who after study and consultation with the Library Board and/or Legal Counsel, shall issue a written decision as to whether to heed the request for information. (Policy based on "Policy on Confidentiality of Library Records," adopted by the Council of the American Library Association, January 20, 1971; revised July 4, 1975, by the ALA Council.) i E r. E 4 }f f L { i i i i 0020L -15-- VIII. MEETING ROOK! USE: The Tigard Public Library provides a meeting/study room for library-sponsored or co-sponsored programs and meetings which meet the Library's civic, informational, educational, cultural, and recreational service goals. When not in use for library activities, the meeting/study room is available to local community organizations and committees under the following guidelines approved by the Library Board. The Library Board neither approves nor disapproves of content, topics, subject matter, or points of view of individuals or groups using the meeting/study room. 1. The room is available for nonprofit, educational, or cultural groups or individuals who wish to study. 2. Groups may schedule a regular meeting time. Groups with a regularly scheduled meeting will be notified if a special situation arises and will be asked to reschedule a certain day to accommodate any special meeting or event. 3. A group may not charge admission for a meeting or event. 4. Generally, educational or training conferences, workshops, planning sessions, etc., need not be open to the public and will not be publicized with library events. Admission fees or collections may not take place, but registration fees for materials or tuition may be collected in advance, off the premises. 5. The meeting/study room is available for use during the hours the library is open. A program or meeting may not continue past the closing hour for the library. Special arrangements can be made for the use of the room when the library is closed to the public and library staff is in the building. The room is not available on days the library is closed and library staff is not present. 6. Simple refreshments may be served in the meeting/study room, provided the room is left in the condition in which it was found and users bring their own utensils and supplies. Notification must be made ahead of time if refreshments are to be served. The group will be charged for damage incurred to furnishings or carpet during the meeting. No alcoholic beverages are allowed on the premises. 7. No smgking is allowed in the library. 8. The Library Board or the City of Tigard is not responsible for accidents, injury, or loss of individual or group property while using the meeting/ study room. 9. Specific rules governing the use of meeting/study room will be established and supervised by the Library Director and Library staff. 0020L -16- IX. EXHIBIT SPACES AND DISTRIBUTION OF MATERIALS: The Library will post information concerning activities in the community and public announcements of general interest to the community as space permits. The following guidelines apply: a. Nothing may be posted or removed from display areas except by permission of authorized library staff. b. Items will remain posted at the discretion of the library staff and subject to limits of space. c. Advertising by private commercial enterprises will not be accepted. Posters and notices with printed price charges may be accepted, such as lectures, concerts, or other events which will stimulate reading or use of library materials. Exception: Child care posters will be displayed but without prices. Notices of a private or "classified" nature will not be accepted. d. Persons are strictly forbidden to distribute literature in the library building, to circulate or post petitions, or to solicit funds for any purpose. 0020L -17- X. PROGRAM CRITERIA: The Tigard Public Library will present programs reflecting community demand as well as those that are designed to promote usage of the library. As the community's information resource, the library will use programs as a means to inform the citizens and to encourage them to use the library. In order to expand programming and conserve resources, the library will use volunteers and co-sponsor programs whenever appropriate. All programs whether library sponsored or co-sponsored will be open to the public with no admission fee. The qualifications and credentials of those other than library staff will be evaluated. Objectivity and balance will be sought in programs dealing with public issues. Attendance may be restricted because of space and program content, i.e., the presenter can be effective only with a limited number of people. Ark 0020L -16- XI. USE OF THE TIGARD PUBLIC LIBRARY: The Tigard Public Library has rules of behavior for all of its users. The rules have a three-fold purpose: to protect the rights and safety of library patrons, to protect the rights and safety of staff, and to preserve and protect the library's materials, facilities, and property. The intent of the policy is to make the library a pleasant and usable facility for all patrons, which can be achieved with courtesy and thoughtfulness by all. Definitions and Scope: A. These rules and regulations shall apply to the building, interior and exterior, and all grounds of the Tigard Public Library (referred to as the Premises), and to all persons in or on the Premises. B. Assault has the meaning provided for it in ORS 163.160 through 165.185. C. Theft has the meaning provided for it in ORS 164.015. D. Controlled substance has the meaning provided for it in ORS 167.203(2). E. Disorderly conduct has the meaning provided for it in ORS 166.025. F. Harassment has the meaning provided for it in ORS 166.065. On the premises of the Tigard Public Library, violation of any Federal or State statute or local ordinance will be regarded as a violation of the library's rules of behavior. Persons who violate these rules of behavior may be excluded from the premises. g 0020L -19- XIII. CHILDREN IN THE LIBRARY: Philosophy 1. Promote development of life-long users of the library by service, programming, collection, and facilities. 2. Foster love of books and reading. 3. Support and complement local school program. Children Left Unattended or Lost { 1. Children under the age of 10 years shall not be left unattended by their responsible adult guardian (ORS 163.545). ORS 163.545 Child neglect. (1) A person having custody or control of a child under 10 years of age commits the crime of child neglect if, with criminal negligence, the person leaves the child unattended in or at anyplace for such period of time as may be likely to endanger the health or welfare of such child. (2) Child neglect is a Class A misdemeanor. [1971 c.743 §174] Exceptions are: a. Library sponsored children's programs where parental attendance not required. t r ~ t r f i k P 0020L -20- XIV. FREE ACCESS TO LIBRARIES FOR MINORS C An Interpretation of the Library Bill of Rights Some library procedures and practices effectively deny minors access to certain services and materials available to adults. Such procedures and practices are not in accord with the LIBRARY BILL OF RIGHTS and are opposed by the American Library Association. Restrictions take a variety of forms, including, among others, restricted reading rooms for adult use only, library cards limiting circulation of some materials to adults only, closed collections for adult use only, and inter- library loan service for adult use only. All limitations in minors' access to library materials and services violate Article V of the LIBRARY BILL OF RIGHTS, which states that, "The rights of an individual to the use of a library should not be denied or abridged because of his age..." Limiting access to some services and materials to only adults abridges the use of libraries for minors. "Use of the library" includes use of, and access to, all library materials and services. Restrictions are often initiated under the assumption that certain materials are "harmful" to minors, or in an effort to avoid controversy with parents who might think so. The librarian who would restrict the access of minors to materials and services because of actual or suspected parental objection should bear in mind that he is not in loco parentis in his position as librarian. Individual intellectual levels and family backgrounds are significant factors not accommodated by a uniform policy based upon age. In today's world, children are exposed to adult life much earlier than in the past. They read materials and view a variety of media on the adult level at home and elsewhere. Current emphasis upon early childhood education has also increased opportunities for young people to learn and to have access to materials, and has decreased the validity of using chronological age as an index to the use of libraries. The period of time during which children are interested in reading materials specifically designed for them grows steadily shorter, and librarians must recognize and adjust to this change if they wish to maintain the patronage of young people. The American Library Association holds that it is the parent-and only the parent-who may restrict his children-and only his children from access to library materials and services. The parent who would rather his child did not have access to certain materials should so advise the child. The word "age" was incorporated into Article V of the LIBRARY BILL OF RIGHTS as a direct result of a pre-conference entitled "Intellectual Freedom and the Teenager," held in San Francisco in June 1967. One recommendation of the pre-conference participants was, That free access to all books in a library collection be granted to young people." The pre-conference generally concluded that young people are entitled to the same access to libraries and to the materials in libraries as are adults and that materials selection should not be diluted on that account. Adopted June 30, 1972; amended July 1, 1981 by the American Library Association Council. 0020L -21- XIV. CODE OF ETHICS FOR LIBRARY EMPLOYEES: Ethics has been defined as that branch of philosophy dealing with values of human life concerned with conduct or character approved or disapproved in terms of right and wrong and based on standards or principles which guide a person in making morally right choices in daily activities. Every citizen has the right as an individual to take part in public debate or to engage in social and political activity. The only restrictions on these activities are those imposed by specified and well publicized laws and regulations which are generally applicable. However, since personal views and activities may be interpreted as representative of the institution in which a staff member is employed, proper precaution should be taken to distinguish between private actions and those one is authorized to take in the name of the institution. This statement which follows sets forth the ethical obligations of individuals as Tigard Public Library staff members. Staff members have a special responsibility: To maintain the principles of the ALA Library Bill Of Rights, the Freedom To Read statement, and the Freedom to View statement. To learn and execute the policies of the institution of which one is a part and to express in a positive manner any concern or objections with the policies, philosophy or programs of that institution. C To maintain an objective and open attitude of understanding, courtesy, and concern for the patron needs. To protect the essential confidential relationship which exists between a Library user and the Library. To serve all patrons equally according to their needs. To make the resources and services of the Library known and easily accessible to all current and potential users. s To carry out those activities assigned under the policies of the Library in a spirit of cooperation. E To avoid.,.any possibility of personal financial gain at the expense of the employing institution. To be cognizant of the obligations of employment and of what constitutes abuse of working conditions and benefits. To acknowledge the importance of the work done by all staff in all divisions and maintain a sense of loyalty to and cooperation with fellow staff members. To carry out assignments so that fellow staff members need not assume added responsibility except in times of emergency. To share one's knowledge and expertise with others. 0020L -22- XV. RELATIONSHIPS AND COOPERATION WITH OTHER LIBRARIES: The Tigard Public Library supports cooperation with other Libraries to share resources and other aspects of Library service that benefit from cooperation. Tigard Library has participated in the Washington County Cooperative Library Services (WCCLS) since 1975 resulting in great benefit, improvement and growth for the Library. WCCLS, in turn, participates in a number of regional and national cooperative services which benefits the Tigard Public Library. Tigard Public Library recognizes the importance of shared resources to make every library dollar count since no library can hope to supply every request every time. l 0020L -23- =.36.010--2.36.036 Chapter 2.36 PUBLIC LIBRARY- Sections: 2.36.010 Title. 2.36.020 Established. 2.36.030 Board--Established--Ter.:--Appointment-- Meetings--Officers. 2.36.040 Board--Responsibilities. 2.36.050 Donated funds. 2.36.060 Fees. 2.36.010 Title. The ordinance codified in this chapter shall be known and may be cited as "The City of Tigard Library Ordinance." (Ord. 72-30 §1, 1972). 2.36.020 Established. A public library is established in and for the city of Tigard, Oregon. (Ord. 72-30 §2, 1972). 2.36.030 Board --Established --Term--Appointment-- Meetincrs=-Officers. (a) Established. :here is established a librarv board of seven members, six of whom shall be ( residents of the city and one of whom may reside within or outside the Tigard corporate limits. (b) Term. (1) The terms of the members presently serving on the library board shall terminate according to the following schedule: Mary Slemmons, June 30, 1978; Don Jacobs, June 30, 1978; New Member, June 30, 1979; New Member, June 30, 1979; Yvonne Burgess, June 30, 1980; Jeri Cundiff, June 30, 1980; Betsy Chick, June 31, 1981. (2) At the expiration of the tern. of any member of the librarv board, the mayor, subject =o confirmation by the city council, shall appoint a person to a four-year term. If a vacancy occurs for any reason other than expiration of- a term, * For statutory provisions enabling a city to establish, equip and maintain a free library, see ORS 357.410. 27-1 (Tigard 9/85) i 2.36 .046 the mayor, subject to confirmation by =he city council, shall appoint a new member to serve for the duration of the unexpired term. (3) No person may serve more than two full consecu- tive terms on the library board, notwithstanding prior appointment to an unexpired term. After a one-year interval, a former member who had served two terms may be reappointed. (4) Members of the library board shall receive no i compensation. (c) Meetings. The library board shall meet at least six times a year and every meeting of the board shall be publicized in advance and shall be open to the public. (d) Officers. The library board shall, at its first meeting after July 1, 1977, and at least annually thereafter elect a chairman and a chairman pro tem. The chairman shall preside over the meetings of the board. The head librarian, or his authorized designee, shall serve as secretary to the library board and shall keep accurate records of all board meetings which records shall be made available to the city administrator, city council and interested public upon re- quest. (Ord. 84-35 SS1, 2, 1984: Ord. 77-57 §l, 1977: Ord. 72-30 53, 1972). 2.36.040 Board--Responsibilities. The-library board shall have the following responsibilities: • (1) To advise the city administrator and city council of findings and concerns relating to the management, control and operation of city library facilities; (2) To formulate for recommendation to the city council, rules, regulations and policies as deemed desirable for the governance, maintenance of order, safety, operation and utili- zation of library facilities and to monitor the application of all adopted rules, regulations and policies; (3) To monitor the operation of the library for the purpose of identifying any deficiencies in the level of ser- vice being provided to the public and to recommend to the city administrator and city council appropriate remedial actions where deficiencies are found to exist; (4) To make recommendations to the budget officer re- garding financial needs of the library during the preparation of the annual budget; (5) To encourage and support active volunteerism in sup- port of the use and improvement of the library facilities; (6) To ascertain the library needs of the community and . to present to the city council. evaluations and recommendations regarding needs and desires as expressed by library patrons;- (7) To perform such other duties and to provide such other advice as the council may request from time to time in furtherance of the goal of providing the best library service 28 (Tigard 9/84) 2.36.050--2.40.020 to the public as is possible under t:ze constraints of avail- able revenue, space, manpower and other public resources. (Ord. 77-57 52, 1977: Ord. 72-30 54, 1972). 2.36.050 Donated funds. All funds donated to the city for library purposes shall be subject to the same rules, regulations and expenditure control as applicable to appro- priated funds; provided, however, that such donated funds shall be accounted for under the cap-ion of "public library donations," and such funds. shall be subject to expenditure only for the purposes for which donated, except that funds received from donors without specific limitations as to use may be used for general library purposes. (Ord. 72-30 55, 1972). 2.36.060 Fees. (a) Users and patrons who reside in or have their business in the city 1?raits of Tigard shall not be required to pay a library privilege fee, but shall be liable to pay such fines or late charges as may be pre- scribed by resolution of.the council. (b) All fees and charges received shall be accounted for as general fund receipts under the heading of "public library." (Ord. 84-35 §3, 1984: Ord. 76-55 §1, 1976: Ord. 72-30 56, 1972). Chapter 2.40 NOMINATING PROCEDURE Sections: 2.40.010 Petition--Form. 2.40.020 Nomination acceptance--Form--Furnished by city recorder. 2.40.030 Filing dates--Mayor. 2.40.040 Filing dates--City council. 2.40.050 Filing dates--Extension in case of weekend _ or holiday. 2.40.010 Petition--Form. The form of nominating peti- tion for all candidates for elective positions within the city shall substantially conform to the form designated.by the Secretary of State. (Ord. 86-05 51, 1986: Ord. 64-19 S1, 1964). 2.40.020 Nomination acceptance--Form--Furnished by city recorder.* The city recorder is. authorized and directed * Exhibit A is on file in the city recorder's office. 29 (Tigard 8/15/86) I c, i L t CITY OF TIGARD, OREGON 2c i ORDINANCE NO. 84_x_ i AN ORDINANCE AMENDING CHAPTER 2.36, PUBLIC LIBRARY, OF THE TIGARD MUNICIPAL CODE AND DECLARING AN EMERGENCY. WHEREAS, the City Council wishes to limit the number of 'out-of-City' members on the Library Board to give the citizens -of Tigard a greater voice in the operation of the Library; and f~ WHEREAS, the Council desires to bring the Tigard Municipal Code into # conformance with the Oregon Revised Statutes by amending the terms of t reappointment to the Library Board; and WHEREAS, the Council further determines that it is in the best interest of the citizens of Tigard that those residents inside the City limits of Tigard not be assessed any library privilege fees; and WHEREAS, the Council finds that with the failure of the City tax base and the ' uncertainty of the Washington County Cooperative Library Services (WCCLS) funding, the fiscal condition of the Library is extreme and therefore these changes need to be made immediately to ensure a full board consideration and assessment of the needs of the Tigard Public Library. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Section 2.36.030(a) of the Tigard Municipal Code be amended as r follows (bracketed items are to be deleted and underlined items are to be added to the code): } i t "2.36.030 Board Established Term Appointment --.Meetings Officers. (a) Established. There is established a library board of seven members, [five] six of whom shall be residents of the City and [two] one of whom may reside within or outside the Tigard corporate limits." Section Z Section 2.36.030(b)(3) of the Tigard Municipal Code be amended as C follows (bracketed items are to be deleted and underlined items are to be E added to the code): "2.36.030(b)(3) No person may serve more than two full consecutive terms on the library board not withstanding prior appointment to an unexpired j term. After a one-year interval, a former member who had served two terms may be reappointed. [Terms served or commenced before July 1, 1977, shall be counted toward the two-term limitation imposed by this section.]" PAGE 1 ORDINANCE NO. 84-35 Section 3: Section 2.36.060 (a) of the Tigard Municipal Code be amended as follows (bracketed items are to be deleted and underlined items are to be added to the code): "2.36.060 (a) Users and patrons who reside or have-their business in [Washington county) the city limits of Tigard shall not be required to pay a library privilege fee, but shall be liable to pay such fines or late charges as may be prescribed by resolution of the council." Section 4: Inasmuch as it is necessary for the peace, health, safety and welfare of the people of the City of Tigard that the foregoing amendments to the Tigard Municipal Code become effective immediately since the fiscal condition of the Library is extreme and full board consideration and assessment of the needs of the library are necessary, an emergency is hereby declared to exist, and this ordinance shall become effective upon its passage by the Council, and approval by the Mayor. PASSED: By kyy,n;,, ,5"_S vote of all Council members present after being read by number and title only, this day of , 1984. eputy City Recorder - City of Tigard APPROVED: This day of -,J-" , Q. .1984. City of Tigard i I I PAGE 2 ORDINANCE NO. 84 CITY OF TIGARD, OREGON ORDINANCE No.72- o L) AN ORDINANCE ESTABLISHING A PUBLIC LIBRARY; PROVIDING FOR THE APPOINTMENT OF A LIBRARY BOARD; PRESCRIBING FEES FOR THE USE THEREOF; REPEALING ORDINANCE No.63-16, AND PRESCRIBING EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Title. This ordinance shall be known and may be cited as: "The City of Tigard Library Ordinance.". Section 2: Public Library Established. A public library is hereby established in and for the City of Tigard, Oregon. Section 3: Library Board. There is hereby established a Library Board of five (5) members. The present members of the Library Board appointed pursuant to Ordinance No. 63-16 shall continue in office for the balance of their terms. Term: The term of office of Library Board members shall begin January 1, and the term of office shall be four (4) years, or.until a successor is appointed. ADDointment: Candidates for appointment to the Library Board shall be proposed by recommendation of the current Library Board membership. Not to exceed two (2) members of the Board may reside outside the corporate 11mites of theCity. Board members shall receive no compensation. At the expiration of the term of any member of the Library Board, the Mayor, subject to confirmation by the City Council, shall appoint a new member for a term of four years. If a vacancy occurs for any reason other than expiration of term, the Mayor, sub- ject to confirmation by the Council, shall appoint a new member to serve for the unexpired term. Officers: The Library Board shall, at its first meeting after the effective date of this ordinance, elect a president and vice- president, who shall hold office during the pleasure of the Board; and the Board shall elect a secretary who need not be a member of the Board, and the secretary shall keep accurate records of all Board meetings. Section 4: Duties and Power. The City Library Board shall have the duty and power to advise the City Administrator and the City Council with respect to the management, control and operation of the library facilities within the City and shall recommend such rules and regulations as necessary for the maintenance of order, safety and utilization of such facili- ties, and make recommendations concerning expenditure of such funds as shall be appropriated by the City Council for public library pur- poses and programs. Page 1 - Ordinance No-72-,Je)_ "Library Ordinance" Section 5: Donated Funds. All funds donated to the City for library purposes shall be subject to the same rules, regulations and expenditure control as applicable to appropriated funds; provided, however, that such donated funds shall be accounted for under the caption of "Public Library Donations", and such funds shall be subject to expenditure only for the purposes for which donated, except that funds received from donors without specific limitations as to use, may be used for general library purposes. Section 6• Fees. -reorder to partially defray the cost of maintenance and operation of the library facilities by the City, the Council shall by resolution from time to time fix a reasonable fee to be collected by the Librarian from all persons non-resident in the City who apply for library privileges. The charge to be in effect at the time of adoption of this ordinance is the sum of $2.00 per year for non-residents. Residents of the City shall not be required to pay a library fee but shall be liable to pay such fines or late charges as may be prescribed by resolution of the Council. All fees and charges received for library services shall be accounted for as general fund receipts under the heading of "Public Library". Section 7: Re aaler. Ordinance No. 63-16 adopted by the City Council on the 28th day of October, 1963, be, and the same is, hereby repealed effective with the effective date of. this ordinance. l Section 8: Effective Date: This ordinance shall become effective on a nd after the 31st day after its passage by the Council and approval by the Mayor. PASSED: By unanimous vote of all Council members present after being bead three times by number and title only, this 27th day of March,1972• ;-14. -.:,a° - Recor - Ci y f and APPROVED: By the Mayor, this 27th day of March, 1972• r - C ty T Bard t• Page 2 - ORDINANCE No•72 ja_ 4 "Library Ordinance" Chapter 357 1987 REPLACEMENT PART Libraries and Archives STATE LIBRARY INTERSTATE LIBRARY COMPACT + (Policy) 387.330 Definitions for ORS 357.330 to 357.370 357.001 Legislative findings 357.340 Interstate Library Compact 357.003 Policy 357.350 Library compact administrator; deputy; library agreements to be submitted to State Librarian (State Library) 357.005 State Library duties; free book loans 367.380 Compliance with laws on taxes and bonds required 357.007 Location of State Library 357.370 Duty of compact administrator upon with- drawal from compact (Trustees) 357.010 Trustees of State Library PUBLIC LIBRARIES 357.015 Functions of trustees 357.400 Definitions for ORS 387.400 to 357.621 357.031 Authority of trustees 357.410 Authority of local government units for 387.035 Trustees as agency to apply for federal or public libraries private funds 357.417 Methods of establishing public library by 357.040 Authority of trustees over real and personal local government unit property 357.430 Methods of financing public library by local government unit (State Librarian) 357.435 Local government required to file plan with State Library 357.050 Duties of State Librarian as secretary and 357.460 Financial interest of public library board administrator and appointive body; compensation 357.071 General duties of State Librarian 357.465 Public library board r • (Finances) ' 387.470 Board organization; name of library 357.195 State Library Donation Fund 387.490 Library board general powers 357.200 Miscellaneous Receipts Account 387.520 Annual report 357.525 Election to authorize serial levy LIBRARY DISTRICTS 357.610 Conformity to ORS 357.400 to 357.621 by 357.218 Definitions for ORS 357.216 to 357.288 libraries organized prior to enactment of those statutes; effect on executed library { 357.221 District formation; petition requirements contracts 357.223 Multicounty district formation; procedure 357.621 Public hearings required prior to abolish- , 357.226 District board members; appointment of ing or withdrawing support from public librarian library 357.231 Number of board members. terms FINANCIAL ASSISTANCE FOR PUBLIC LIBRARY 1 357.233 Election laws applicable SERVICES 357.236 Election of board members; vacancy 357.740 State grants to local units of government; 357.241 Method of electing board members purposes 357.246 Change in method of electing board mem- 357.750 Applications for grants; uses of grant mon- bers eys 357.251 Zone boundaries 357.760 State library trustees to administer ORS 357.256 Board as district governing body; selection 357.740 to 357.780 of president 357.770 Grant eligibility based on maintenance of 357.261 District as municipal corporation; powers local support 357.266 Financing district activities; limitation on 357.780 Grants for public library services assessment 357.271 Sinking funds for acquisition of facilities; STATE ARCHIVIST limitation on use of funds 357.805 Definitions for ORS 357.805 to 357.895 357.276 Deposit and disbursement of district funds 357.815 State Archivist 357.281 Legal assistance 357.825 Acquisition and custody of public records 357.286 Retirement system for employes 357.835 't'ransfer of noncurrent public records to State Archivist 797 367.370- EDUCATION AND CULTURAL FACILITIES levy a tax or issue bonds to contribute to the (6) Levy annually and cause to be collected, construction or maintenance of such a library, as other general taxes are collected, a tax upon the except after compliance with any laws applicable taxable property in the local government unit to to public libraries relating to or governing the provide a library fund to be used exclusively to levying of taxes or the issuance of bonds. 11965 maintain such library. c.354 §4; 1975 c.476 §331 (7) Levy and cause to be collected, as other 357.370 Duty of compact admin- taxes are collected, a special tax upon the taxable istrator upon withdrawal from compact. In property in the local government unit, or contract the event of withdrawal from the compact the bonded indebtedness under the provisions of compact administrator shall send and receive any ORS chapter 287 to provide a public library notices required by Article XI (b) of the compact. building fund to be used exclusively for the pur- (1965 c.354 §51 chase of real property for public library purposes and for the erection and equipping of public PUBLIC LIBRARIES library buildings including branch library build- 357.400 Definitions for ORS 357.400 ings. to 357.621. As used in ORS 357.400 to 357.621: (8) Levy or impose such other taxes as may be (1) "Governing body" means the board, com- authorized to the unit by city charter or the charter mission, council or other body which governs the of a home-rule county. [Amended 1955 local government unit. c.432 §1961 c.251 §8; 1965 c.354 §7; 1975 c.112 §1 ; 1975 c.476 § 17] (2) "Local government unit" means any city, 357.415 11955 c.432 §3; repealed by 1975 c.476 §341 county, library service district established under ORS chapter 451, school district, community 357.417 Methods of establishing public college district or a library district established library by local government unit. (1) A under ORS 357.216 to 357.286. public library may be established by a local gov- (3) "Public library" or "public library system" ernment unit by any of the following ways: means a public agency responsible for providing (a) The governing body may pass and enter and making accessible to all residents of a local upon its minutes a resolution or ordinance to the government unit library and information services effect that a public library is established under suitable to persons of all ages. 1195.5 c.432 §2; 197-5 the provisions of ORS 357.400 to 357.621. c.476 §16; 1981 c.226 §17; 1983 c.740 §1191 (b) When a petition requesting an election on 357.410 Authority of local government the question of establishing and supporting a units for public libraries. Any local govern- Public library is filed as provided in this section, ment unit may: the governing body shall make and enter an order (1) Establish, equip and maintain a public for an election requesting approval by the electors library. of the establishment and support of a public library. (2) Contract with an established public (c) Upon its own motion, the governing body library or with a private society or corporation may make and enter an order for an election owning and controlling a secular or nonsectarian requesting approval by the electors of the estab- - library for the purpose of providing free use of the requesting and support of a public library. library for the residents of the local government lishment unit, under such terms and conditions as may be (2) Except as provided in subsection (3) of agreed upon. this section, the requirements for preparing, cir- (3) Contract with one or more units of local culating and filing a petition under this section government or library boards pursuant to ORS shall be as provided for an initiative petition: 190.003 to 190.620 to provide jointly a public (a) In the case of a county, in ORS 250.165 to library or public library service or share in the use 250.235. of facilities, under such terms and conditions as (b) In the case of a city, in ORS 250.265 to may be agreed upon. 250.346. (4) Enter into an interstate library agreement (c) In the case of any other local government pursuant to Article VI of the Interstate Library unit, in ORS 255.135 to 255.205. Compact (ORS 357.340). (3) If ORS 250.155 makes ORS 250.165 to (5) Contract with the Trustees of the State 250.235 inapplicable to a county or if ORS Library for assistance in establishing, improving 250.255 makes ORS 250.265 to 250.346 inap- or extending public library service. plicable to a city, the requirements for preparing, 808 1 1 LIBRARIES AND ARCHIVES 357.490 circulating and filing a petition under this section (2) Board members may be reimbursed for i shall be as provided for an initiative petition expenses incurred in the performance of their under the county or city charter or an ordinance duties. [Amended by 1975 7.112 §4; 1975 7.476 §221 adopted under the county or city charter. 367.466 Public library board. (1) Each (4) Elections held under this section shall be public library established under ORS 357.417 held on a date specified in ORS 255.345. 1Formerly shall be governed by a library board unless some 357.451: 1981 7.909 §10: 1983 c.350 §2241 other method is specified in the charter, ordi- nance or resolution establishing the library. 357.420 [Amended by 1955 c.432 §6; repealed by 1975 c.476 6341 (2) Upon resolution, ordinance or election 367.430 Methods of financing public pursuant to ORS 357.417, the governing body library by local government unit. If a gov- may appoint a library board. The library board of ernin body acts under ORS 357.417 (i) (a) or (c), a city, county or county service district, as deter- g Y mined by the governing body, shall consist of not its order shall state the manner in which the local less than five members nor more than nine mem- government unit proposes to finance the library, bers. In the case of a school district or community including the estimated amount of any annual tax college district, such board shall consist of five, levy necessary to provide for the library. If the seven or more members at the discretion of the governing body determines that financing may be governing body. i had only through a serial levy to be submitted to the electors pursuant to ORS 357.525, the order (3) If the board will consist of five members, I shall so state. The notice, time and manner of one member shall initially hold office for one year, one for two years, one for three years and election shall be governed by the applicable provi- sions of ORS chapters 255 and 310. [Amended by two for four years, from July 1 in the year of their i 1955 7.432 §7;1961 7.251 §9; 1975 7.476 § 19:1983 350 §22s1 appointment. If the board will consist. of seven r members, one member shall initially hold office 367.435 Local government required to for one year, two for two years, two for three file plan with State Library. Any local gov- years, and two for four years, from July 1 in the ernment unit acting under ORS 357.417 shall year of their appointment. If the board will con- notify in writing the State Library of its plan for sist of six members or more than seven members, establishing a public library. The State Library the members first appointed shall hold office for shall respond in writing within 30 days, com- such terms as will achieve the staggered term base [ menting on the plan for establishing the library established for smaller boards by this section. E J and on its relationship to the long-range plans for Succeeding appointees shall hold office for a term the state-wide development and coordination of of four years from July 1 in the year of their. library services. The State Library's advice or appointment. At the expiration of the term of any R I comment is not binding upon the local govern- member of such board, the governing body shall { ment unit, and if no such advice or comment is appoint a new member or may reappoint a mem- received within 30 days of the request, the local ber for a term of four years. If a vacancy occurs, t government unit may act without further delay. the governing body shall appoint a new member 1Fortnerly 357.6401 for the unexpired term. No person shall hold 3571.440 [Repealed by 1975 7.476 §:341 appointment as a member for more than two full 1 I 357.446 [Amended by 1955 c.432 §8: repealed by 1975 consecutive terms, but any person may be x476 .34 [ appointed again to the board after an interval of { • i 357.450 (Repealed by 1961 c.YS1 §111 Gi57.451 enacted one year. [1955 7.432 §4; 1961 7.251 §12; 1975 7.476 §21; 1983 c.l08 §11 in lieu of:157.450)] 357.470 Board organization; name of 357.451 [1961 7.251 (enacted is lieu of :157.450): library. After appointment, the public library 1975c.112 §2; 1975 7.476 §18: : r ettuntherect :157.41 [ board shall meet and organize by the election of a 357.455 [1961 c.251 § 14: 1975 1.112 43: 197.5 c.476 chairman from among its members. The librarian §26: renumbered 357.52:il shall serve as secretary to the board and keep the 4 357.460 Financial interest of public record of its actions. [Amended by 1955 7.432 §9; 1975 library board and appointive body; com- 7.112 §5; 1975 7.476 §231 1 pensation. (1) No member of any public library 357.480 [Amended by 1955 7.432 110; 1975 7.112 §6; board or the body appointing such board shall repealed by 1975 c.476 §341 have any financial interest, either directly or 357.490 Library board general indirectly, in any contract to which the library is powers. In the ordinance or resolution estab. a party, nor shall receive a salary or any payment lishing the library, the governing body shall l for material or for services rendered the board. determine the library board's responsibility for: 809 1 357.520 EDUCATION AND CULTURAL FACILITIES (1) Appointment of the librarian and staff, ing, circulating and filing a petition under this fixing their compensation, determining their section shall be as provided for a1;1 initiative working conditions and prescribing their duties. petition: (2) Formulating rules and policies for the (a) In the case of a county, in ORS 250.165 to governance of the library. 250.235. (3) Preparing and submitting an annual (b) In the case of a city, in ORS 250.265 to budget request. 250.346. (4) Approving, or delegating to the librarian (c) In the case of any other local government the responsibility for approving, all expenditures unit. in ORS 255.135 to 255.205. from the library fund or the public library build- (4) If ORS 250.265 to 250.346 applies to a ing fund. city, then notwithstanding ORS 250.325, the city (5) Acceptance, use or expenditure of any real governing body shall submit the serial levy ques- or personal property or funds donated to the tion to the electors without first considering its library, or purchase, control or disposal of real adoption or rejection. and personal property necessary for the purposes (5) If ORS 250.155 makes ORS 250.165 to of the library, except that each donation shall be 250.235 inapplicable to a county or if ORS administered in accordance with its terms, and all 250.255 makes ORS 250.265 to 250.346 inap- t property or funds shall be held in the name of the plicable to a city, the requirements for preparing, governing body. circulating and filing a petition under this section (6) Selection of sites for public library build- shall be as provided for an initiative petition ings or for location of library facilities. under the county or city charter or an ordinance (7) Entering into contracts. adopted under the county or city charter. (8) Such other activities as the governing (6) The notice, time and manner of election body may assign. [Amended by 1955 c.432 311: 1961 c.251 shall be governed by the applicable provisions of §15; 1965 c.354 §8; 1967 c.67 §19; 1975 c.112 §7-.1975 c.476 ORS 310.330 to 310.395 and: §241 (a) In the case of a county or city, ORS 357.500 [Amended by 1955 c.432 §12; repealed by chapters 246 to 260. 1975 c.476 §341 (b) In the case of any other local government 357.510 [Repealed by 1975 c.476 §341 unit, ORS chapter 255. 357.520 Annual report. Each public (7) Upon approval by a majority of the elec- library established under ORS 357.417 shall make tors voting at the election, the taxing unit shall an annual report to the State Library and to the levy each year during the approved period the governing body on a form supplied by the State amount so approved. The tax levy proceeds shall Library. (Amended by 1965 c-354 §9;1975 c.476 §251 be handled as provided by ORS 357.410 or 357.430, or as otherwise provided by law. [Formerly 357.525 Election to authorize serial 3.57.455:1983 c.350 §2261 levy. (1) A serial levy for any of the purposes 357.530 [Amended by 1953 c.238 §1; 1955 c.432 §13; stated in ORS 357.410, 357.417 or 357.490 shall 1975 c.112 §8: repealed by 1975 c.476 §341 - be submitted at an election as provided in this 357.540 (Amended by 1961 c.251 §16; 1975 c.112 §9; section. The governing body of the local govern- ment unit: repealed by 1975 c.476 §341 (a) May order the election on its own resolu- 357.545 [1955 c.432 §15; repealed by 1975 c.476 §34] tion' or 357.550 [Amended by 1955 c.432 §16; 1961 c.251 §17; repealed by 1975 c.476 §34] (b) Shall order the election when a petition is filed as provided in this section 357.560 (Amended by 1955 c.432 §17; repealed by . 1975 c.476 §34) (2) The resolution or the petition calling the 357.570 (Amended by 1955 c.432 §18; repealed by election under this section shall state the purpose 1967 c.67 §20 (enacted in lieu of 357.570)] for which the funds are to be expended, the period 357.571 (1967 c.67 §21; repealed by 1975 c.476 §341 during which the proposed taxes are to be levied and the amount to be levied each year, which 357.580 [Amended by 1955c.432 §19:1965c.354 §10; amount shall be uniform throughout the period of repealed by 1975 c.476 §34] levy. 357.500 [Repealed by 1975 c.476 §34] (3) Except as provided in subsections (4) and 357.600 (Amended by 1965 c.354 §11; 1967 c.67 §22; (5) of this section, the requirements for prepar- repealed by 1975 c.476 §341 810 i ~ i LIBRARIES AND ARCHIVES 357.770 I 357.610 Conformity to ORS 357.400 to 357.705 [1957 c.358 §1; 1959 c.112 §1; 1975 c.476 §3; 357.621 by libraries organized prior to renumbered 357.0031 enactment of those statutes; effect on 357.710 (Repealed by 1953c.136 §41 executed library contracts. (1) Libraries 367.715 [1957 c.358 §§2, 3; 1959 c.112 §2; 1961 c.251 organized under Oregon laws prior to September §18; repealed by 1975 c.476 $341 13, 1975, are continued, and may have their 357.720 [Repealed by 1957c.136 §41 I organizations changed so as to conform to ORS 357.001 to 357.200, 357.330, 357.360, 357.400 to 367.721 [1959 c.265 §3; repealed by 1961 c.198 $4] i 357.621, 357.975 and 357.990 by resolution of the 357.725 [1957 c.358 §§4,5; repealed by 1959 c.112 §4] governing body of the local government unit 357.730 [1957 c.358 §6; 1959 c.112 §3;1961 c.251 §19; which established the library. The resolution repealed by 1975 c.476 §34] shalt outline the procedure necessary to be taken for such change. FINANCIAL ASSISTANCE FOR PUBLIC (2) Nothing contained in ORS 357.001 to LIBRARY SERVICES 4 i 357.200, 357.330, 357.360, 357.400 to 357.621, 357.740 State grants to local units of 357.975 and 357.990 shall affect nor change the government; purposes. The state shall pro- terms of any library contract executed prior to September 13, 1975. However, by mutual con- vide financial assistance for public library service to public libraries established pursuant to law E' sent, the parties to the contract may amend the from funds specifically appropriated therefor by 4. contract so as to make it conform to all or any of annual grants to units of local government. The the provisions of ORS 357.001 to 357.200, grants shall be expended to: 357.330, 357.360, 357.400 to 357.621, 357.975 and 357.990. [Amended by 1975 c.476 §271 (1) Broaden access to existing information resources by strengthening public libraries and 357.820 [Repealed by 1975 c.476 §28 (357.621 enacted encouraging cooperation among units of local in lieu of 357.620)] government and among public, private, school 357.621 Public hearings required prior and academic libraries; to abolishing or withdrawing support from (2) Extend public library services to persons public library. No governing body which has not served by local public libraries; and established a public library under the laws of this state shall abolish or withdraw support for such (3) Permit new services and new types of library without first holding at least two public services as local need therefor is determined. 11977 hearings on the matter at least 90 days apart. The c.291 §11 governing body shall give public notice of the 357.750 Applications for grants; use public hearing in a newspaper of general circula- of grant moneys. Units of local governme tion in the area for two successive weeks at least and counties may apply for annual establishmel 30 days prior to the first hearing. [1975 c.476 §29 and development grants. The grants may be made (enacted in lieu of 357.620)) from funds specifically appropriated therefor and ' 357.625 [1955 c.432 §23; repealed by 1975 c.476 §34j are to be used to establish, develop or improve k 357.630 [Amended by 1955 c.432 920: repealed by public library services. [1977 c.291 §2] 1975 c.476 §341 357.760 State library trustees to 357.640 [Amended by 1955 c.432 §21:1965 c.354 412 : administer ORS 357.740 to 357.730. The } Trustees of the State Library shall administer the 1975 c.112 §10; 1975 c.476 §20; renumbered 357.4:351 provisions of ORS 357.740 to 357.780 and shall; 357.650 [Repealed by 1953 c.136 §41 adopt rules governing the application for and 357.655 11971 c.676 §1; repealed by 1975 c.476 §341 granting of funds under ORS 357.740 to 357.780. 357.660 [Repealed by 1953 c.136 §41 [1977 c.291 §31 i 357.665 [1971 c.676 §2: repealed by 197; c.476 MI 357.770 Grant elig;bility based on 357.670 [Repealed by 1953 c.136 §41 maintenance of local support. In order to be eligible for state financial assistance for any year 357.675 [1971 c.676 §3; repealed by 1975 c.476 §341 for which assistance is sought, a unit of local 357.680 (Repealed by 1953 c.136 §41 government must not reduce its actual operating 357.685 11971 c.676 §§4. 5; repealed by 1975 c.476 expenditures for public library service, exclusive §341 of short-term special funding, in any fiscal year to less than the leaser amount expended for the same 357.890 [Repealed by 1953 c.136 §4j purpose in either of the preceding two fiscal 357.700 [Repealed by 1933 c.136 §41 years. 11977 c.291 §5; 1985 c.257 §1] r 811 i I , 357:780 EDUCATION AND CULTURAL FACILITIES 357.780 Grants for public library serv- (4) The state shall distribute 20 percent of ices. (1) Moneys to be disbursed under this the funds specifically appropriated by the Legis- section shall be appropriated based on the esti- lative Assembly for public library services on an i mated total population of the state. For those area basis. 11979 c.835 §2; 1985 c.257 §2; 1987 c.92 §5l areas of the state not served by local public libraries, the moneys available shall be retained STATE ARCHIVIST i by the State Library. A unit of local government 357.805 Definitions for ORS 357.805 which begins providing library service to pre- viously unserved population shall be eligible for unless the context requires otherwise, per capita grants from the moneys appropriated „ to the State Library for purposes of this section. Photocopy, "political subdivision, public Upon satisfactory application therefor, the record," "public writing. and estate agency" are I J Trustees of the State Library shall cause the defined by ORS 192.005. (Formerly 3,58.0051 appropriate amount to be paid to the unit of local 357.810 (lienumbered 357.9551 government. 357.815 State Archivist. The office of (2) Subject to subsection (3) of this section, State Archivist hereby is created. It shall be the state shall distribute 80 percent of the funds under the control and supervision of the Secre- specifically appropriated by the Legislative tary of State, who shall, subject to any applicable Assembly as per capita grants for public library provisions of the State Personnel Relations Law, services in the following manner to assure the appoint and fix the compensation of the archivist same population shall not be counted more than and such assistants as may be necessary. No once: person who has not had at least five years' experi- (a) There shall be paid to each county that is ence as an archivist shall be eligible for the office j of State Archivist. [Formerly 358.010; 1973 c.439 §31 the sole provider of public library services to all 357.820 111enumbered 357.9651 persons in a county, or to each special library district that is the sole provider of public library 357.825 Acquisition and custody of services in a county, a per capita amount for each public records. The State Archivist may nego- person residing in the county. tiate for, acquire and receive public records, writ- ings and illustrative materials of value or interest h, (b) Where public library services are provided is ministrative stresearch purposes. for legal, a unit of local government having jurisdiction The State administrative in more than one county, there shall be paid to constituted official Gusto- that unit a per capita amount for each person dian of all such records, writings or materials residing therein, deposited in, acquired for, or transferred upon requisition by the State Archivist to the custody (c) Where public library services are not of the State Archivist for the state archives. 1 provided as described in paragraph (a) or (b) of [Formerly 358.0201 this subsection, but by a unit of local government 357.830 (lienumbered 357.9751 having jurisdiction less than county wide, there shall be paid to the unit a per capita amount. for 357.835 Transfer of noncurrent public persons residing therein. records to State Archivist. (1) Except as (d) Where public library services are provided otherwise provided by law, when the State Archi- - by both a unit of local government having juris- vist has determined that noncurrent public diction within the boundaries of a larger unit of records are stored under conditions where they local government and the larger unit of local are no longer available for use or which are government, there shall be paid to the smaller dangerous to the safety and protection of the unit a per capita amount for each person residing records, or where no safe storage is available, all such noncurrent public records or writings as the l in that unit and to the larger unit a per capita State Archivist may requisition as being of value amount for each person residing outside the or interest for the purposes mentioned in ORS smaller unit but within the larger unit. 357.825 shall be transferred to the official custody . (3) If the moneys specifically available for per of the State Archivist. For the purposes of this capita grants under this section are insufficient to subsection, "noncurrent public records or writ- I make the full allocation for all grants, the grant to ings" are those which no longer are required to be each eligible applicant shall be allocated accord- retained for discharge of the duties of the official ing to the ratio that the total amount of funds custodian thereof. available bears to the total amount that would be (2) If a state agency is abolished or ceases to required to pay in full all grants. operate, its public records and writings shall be ( 812 i 1 MEMORANDUM CITY OF TIGARD, OREGON i TO: Ed Murphy November 7, 1988 1 FROM: Cliff Scott i SUBJECT: Bus Stop Shelters E s 1 i Presently there are eight shelters within the City limits of Tigard. Of those eight, four are located along Main street in the downtown area. The other four shelters are located in various areas i throughout the City. Presently the Parks crew are doing trash pickup at the four downtown shelters three days a week. The City provides the trash cans and liners, no sweeping or other cleaning is done. F The material cost is about $50.00 a year for trash cans, and $35.00 for the liners. Our labor and vehicle cost are approximately $2,730.00 per year. This is based on two people at three hours per r person each week. Our estimated total cost would be $2,815.00 per t. year. The City is not reimbursed for any of these costs. t This is a program that was started prior to Curtis's being hired, about 3 1/2 years ago. E ti CS/wh F `r e F ti p~p Rj TRI-COUNTY t METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TRRRI-MET 4012 S.E. 17TH AVENUE PORTLAND, OREGON 97202 September 29,1988 Mr. Steve Rivett City of Tigard Road Maintenance Department P. O. Box 23397 Tigard, OR 97223 Re: Maintenance of Bus Shelters Within Tigard City Limits Dear Steve: Regrettably, Tri-Met has no on-going maintenance program for the bus shelters C within the Tri-Met system due to personnel limitations. The Tri-Met Buildings & Grounds Department has only two personnel to clean and repair over eight hundred bus shelters and thirteen transit centers throughout the entire tri-county service area. Bus shelters are cleaned and repaired only when reports of damage or vandalism reach this office. Sincerely, gal , I r_ David Koe n PPig Foreman Buildings & Grounds Department DK:jnb cc: H. S. Lim Jerry Williams ~ l CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 14, 1988 DATE SUBMITTED: October 17, 1988 ISSUE/AGENDA TITLE: Cooperative PREVIOUS ACTION: Library Advisory Board Nomination PREPARED BY: Irene Ertell DEPT HEAD OK LL,'tITY ADMIN OK REQUESTED BY: Pat Reilly POLICY ISSUE None. INFORMATION SUMMARY On Tuesday, September 27, the Washington County Board of Commissoners approved a resolution and order that replaces the WCCLS Citizens Advisory Board with an eleven member Cooperative Library Advisory Board (CLAB). Membership shall consist of one representative from each contracting agency including cities (7) and community libraries (2) that have entered into a non-.fee access and library services agreement with the County, and two representatives of the County. Each contracting agency may nominate one or more individuals for membership on the Advisory Board to represent that agency. Qualifications for nominee shall be at the discretion of the contracting agency except that such qualifications shall be in accordance with any applicable non-discrimination requirements and shall require that the nominees be residents of Washington County. Members terms shall be two years. The Advisory Board shall advise the Washington County Cooperative Library Services and Board of County Commissioners on issues concerning operation of the county-wide library system including issues and priorities related to library programs, policies, service levels, ar,d financing and budgeting for library services. The Tigard Library Board at its meeting on October 12, has placed in nomination the name of current Board member, Walt Munhall, to represent the City of Tigard on this County Library Advisory Board. ALTERNATIVES CONSIDERED 1. Appoint Walt Munhall as representative from the Tigard Public Library. 2. Nominate other candidates by the City Council. FISCAL IMPACT None. SUGGESTED ACTION Place Walt Munhall's name in nomination with the Board of Commissioners for appointment to the Washington County Library Advisory Board. ke/7619D 4-( CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 24, 1988 DATE SUBMITTED: November 7 1988 ISSUE/AGENDA TITLE: PREVIOUS ACTION: LCRB Award Bid for Copy Machines _ PREPARED BY: Jill Monley DEPT HEAD OK~ CITY ADMIN OK REQUESTED BY: POLICY ISSUE How can copy support best be provided to the organization? INFORMATION SUMMARY Currently, we contract out large or complex printing items such as the "All About Town" or our annual budget-; however, the majority of our copying is performed by staff on city equipment At this time we own four copiers which are located at different sites thoroughout the organization. These copiers are well worn and are requiring heavy maintenance. In addition, they are not able to keep up with our current copying needs. $20,000 was approved in the budget for purchase of new copy equipment. A study team made up of Sherrie Burbank, Office Services Manager, Cathy Wheatley, Deputy City Recorder, and Jan Gonsalves our new Purchasing Clerk, studied our, needs and examined alternatives. Proposals have been solicited and examined. A memo summarizing their work is attached. Following is our recommendation: 1. Purchase a Canon--8570 for use as the main production copier $10,910 2. Purchase a Canon-4035 for the C.D. work room 4,560 3. Purchase a Canon-20155 for the Public Works office 1,521 4. Purchase a Canon Fax 350 for city-wide use 2,695 5. Equip our existing Canon 7550 with a cost accounting device and relocate to the Police Dept. 425 6. Trade in 3 of our 4 copiers -350 $19,761 This arrangement will allow us to meet our primary printing needs in terms of quality and speed for the next 3 years. There remains a need for a higher resolution capability for some Police functions; however, the main production machine can provide this service until we have a better measure of the frequency. In addition, it would be helpful to Engineering to be able to expand the capabilities of their copier with an "Image Editing Board" and "Color Graphics"; however, the $610 needed is not available at this time. All ongoing maintenance of this equipment is provided in the existing budget. ALTERNATIVES CONSIDERED 1. Lease rather than purchase some or all new copy equipment. 2. Purchase new and refurbish existing copy equipment. 3. Combine lease, purchase and refurbish equipment. FISCAL IMPACT $19,761 as proposed above plus $3,716 in maintenance for the balance of FY 88/89. Both the capital and maintenance are covered in this FY budget. SUGGESTED ACTION Staff recommends Alternative 2 above as detailed in the Information Summary. dc:7952D MEMORANDUM CITY OF TIGARD, OREGON TO: Loreen Wilson, Office Support Manager Respond By 11/15/88 FROM: Sherrie Burbank, Office Services Manager _X For Your Information Jan Gonsalves, Purchasing Clerk Cathy Wheatley, Deputy City Recorder ____Sign and Return DATE: November ; , 1988 SUBJECT: Copy Machine Proposal After a great deal of examination, we are now ready to make a recommendation regarding the purchasing/leasing of copy equipment for the City. BACKGROUND/HISTORY Prior to making a budget recommendation last year, an in--house needs assessment was conducted. The equipment that will be recommended in this proposal is based largely on the results of these studies which were in line with the overall needs of the City as the needs pertain to the lack of accessibility of equipment due to the demand for usage, somewhat outdated features on our current copy equipment, and overall staff growth. The City currently has only one high quality copy machine. The Canon-7550 was purchased approximately 2-1/2 years ago. It has served us well during this time; however, it has not been adequate to meet our continuing usage demands. We are currently processing over 40,000 copies per month on this machine alone. This is partially due to the fact the other City copy equipment does riot have the features required to function efficiently. In fact, the other equipment which is located in Community Development, Operations, and Police have very minimal features according to today's standards and the needs identified by staff during the assessment process. As an example, the Canon-7550 is the only machine which has automatic duplicating (two-sided copying). This is a feature which should be readily available on at least two machines. Currently, there is not a machine on-site which can produce a high quality copy from photographs or fingerprints. Another factor which is imperative to consider is the speed of the equipment. As the paper work continues to grow and the City experiences a growing need for rapid turnaround, it is appropriate to request equipment to address this particular need. Since the original budget request for copy equipment was reduced significantly, it was apparent that staff would need to analyze several options in order to acquire the needed equipment to enhance the services provided to staff and citizens. Therefore, three options were examined in detail prior to making a recommendation: 1. Purchase the equipment while staying within the budget constraints of $20,000; or- 2. Lease the equipment for a period of three years; or r} q~a S' .ri n Copy Machine Proposal Page Two ` 3. Combine the leasing and purchasing options to acquire needed equipment while adhering to tho budget constraints during this fiscal year and consider buying--.out any outstanding leases next fiscal year. USAGE To date, it has been difficult to accumulate accurate figures of usage. This is primarily due to the fact this function has not been centralized in the past. Upon acquisition of additional equipment, this function will be monitored through the Office Services Section. In addition, it is recommended that the copy equipment in Police, the City Work Room, and Community Development each have cost accounting capabilities. This will not only serve as an enhancement for Accounting to charge-back copies; it will also allow a means to double-chock the vendor's accounting of copies which is used for maintenance purposes. At the current time, there is only one production machine (having multiple features to allow rapid preparation of large projects). When this machine is tied up (i.e., Council packets, Planning Commission packets), other large copy projects cannot be completed in a timely manner. This adds to the frustration and stress of staff- due to inaccessibility of the machine at least once a week during packet preparation plus stress is added to the operator because of numerous inter,-uptions which makes the packet process more time consuming. Also, if this production machine breaks down, there is no adequate back-up to complete the packet process which increases staff overtime and produces a greater chance of error due to hand collation and lack of features such as two-sided copying. Arid let's not forget the other machines produce copies at a slower rate. REVIEW OF EQUIPMENT After carefully reviewing each submitted bid package, the vendors were narrowed to two finalist (Pitney--Bowes and Automated Office Systems) based on the lease/purchase costs and the apparent appropriateness of the equipment to meet the City's needs. At this time, Cathy and I conducted on-site evaluations of the equipment while constantly keeping in mind the City's projected needs two to three years in the future. We looked for such things as overall ease of operation, feature capabilities, and training and support. We also discussed maintenance, and leasing and purchasing options with the vendors. After compiling all of this information, we met with Jan Gonsalves to discuss our concerns regarding the purchase/lease of equipment. Shp in turn met with the representatives from both Pitney-Bowes and Automated Office Systems to ask specific questions relating to these concerns. Jan's lease/purchase analysis will be addressed later in this report. In regards to the equipment recommended by both vendors, Cathy and I agreed the equipment presented by Automated Office Systems would enhance the City's copying capabilities more thoroughly than the equipment presented by Pitney-Bowes. Copy Machine Proposal Page Three The Pitney-Bowes equipment was more advanced than what the City requires to operate productively. The copy equipment suggested in Pitney-Bowes` bid specs for Copier I and II were in-dine with what was identified as the minimum standards required, but Copiers III and IV greatly exceeded the minimum standards. The Canon equipment from Automated Office Systems met all minimum bid specs without exceeding the requirements beyond our current and future identified needs. There is also an Image Editing option and color graphics available on Copier III which would enhance the services provided by Engineering particularly in copying maps. In addition, the Canon-8570 which would be used for Copier I has an actual photograph mode. Police Detectives analyzed the sample copies of fingerprints and other photographs for both vendors and this analysis indicated the Canon-8570 equipment produced a higher quality of copies. In addition, the ease of operation was evident in the limited programming required on the Canon-8570 in comparison to the Pitney-Bowes D860. SERVICE/MAINTENANCE REQUIREMENTS Whether the City decides to lease or purchase the equipment, maintenance costs are a necessary expense in order to maintain high copy quality. These costs are based on the number of copies produced per month per machine. Automated office Systems has minimized these costs by allowing the City to take advantage of government contracting. Air, Due to the importance of the accessibility of service technicians, this was an area of concern which was addressed during meetings with the representatives from Automated Office Systems and Pitney-Bowes. Jan and I agreed the accessibility of the Canon technicians was enhanced by the number of available technicians in the area (26). Automated office has agreed to have a dedicated technician service our needs. There is a guaranteed four hour response time for "emergency" service which is defined by the customer. In addition, there is a customized preventative maintenance schedule. Pitney-Bowes has a computerized system for dissemination of their technicians with well established procedures for answering service calls. However, Jan noted there was only one repair technician assigned to our geographical area and voiced her concern in relation to response time. DETERMINATICN OF VENDOR Based on the combined information reviewed above, it is recommended the City more closely evaluate the Canon equipment available through Automated Office Systems. The remainder of this report will be directed toward the end result of acquiring this particular equipment. PLACEMENT OF EQUIPMENT Copier I City Hall Work Room Copier II Police Department Copier III Community Development Work Room Copier IV Operations Copy Machine Proposal Page Four PURCHASE/LEASE OPTIONS In reviewing the purchasing/leasing options presented in the bid package, the following calculated figures were used as a basis for a recommendation: Copy Equipment Purchase Lease Maintenance Canon NP-8570 - Copier I $10,485.00 $ 399.16/mo. $ 303.00/mo. Canon NP-8570 - Copier II 10,485.00 399.16/mo. 200.00/mo. Canon NP-4035 - Copier III 4,135.00 141.42/mo. 90.00/mo. Canon NP-2015S - Copier IV 1,521.00 57.19/mo. 20.00/mo. TOTALS $26,626.00 $ 996.93/mo. $ 613.00/mo. GRAND TOTALS $26,262.00 $11,959.56/yr. $7,356.00/yr. TRADE-IN ALLOWANCE Automated Office Systems has allowed a total of $1,850 for our current copy equipment. The breakdown is as follows: Canon NP-7550 - $1,500; Canon NP-210 - $200; Xerox 1048 - $100; and Canon PC-25 - $50. f RECOMMENDATION Based on all of the information provided in this report and the extensive research by Cathy, Jan, and myself, we unanimously recommend the following equipment acquisition and configuration: 1. Purchase a Canon-8570 (high speed, high quality machine) for use as the main copy machine to be located in the City Hall Work Room. 2. Move the City's Canon-7550 to the Police Department which is an upgrade in comparison to their current copy equipment and closely monitor the usage in order to make recommendations pertaining to future upgrades. 3. Purchase the Canon-4035 for the Community Development Work Roam. This j will be an upgrade to their current equipment. The 4035 can also support optional add-on features such as an Image Editing board ($360) and color E graphics ($250) which will enhance the level of service provided by Engineering staff in particular. It is recommended these enhancements be purchased as future funds allow. i f 4. Purchase the Canon-20155 to be located in the Operations office. r Operations staff is currently using a Canon PC-25 copier which is too limiting in features and the amount of copies it is designed to produce per month. In order to increase copy productivity, this equipment is necessary to meet their requirements. i1 l 5. Purchase cost accounting systems for Copiers I, II, and III. This cost accounting equipment has a dual purpose: a. Provides staff a management tool for addressing the issue of f preventative maintenance and monitoring copy usage. b. Provides Accounting staff more accurately information to charge-back copies. Copy Machine Proposal Page Five Below is a listing of the warranty periods for each piece of equipment being purchased: Canon-8570 120 days Canon-7550 Not Applicable - City already owns Canon-4035 150 days Canon-2015S 180 days In conjunction with this information, the following will be the money needed to purchase and provide maintenance for the recommended equipment through the remainder, of the fiscal year. At the conclusion of the fiscal year, the ongoing costs will be maintenance related only. Canon-8570 Canon-7550 Canon-4035 Canon-2015S Purchase Price $10,485 $ -0- $4,135 $1,521 Optional Costs Cost Accounting 425 425 425 -0- TOTAL $10,910 $ 425 $4,560 $1,521 Maintenance 1,061 2,400 225 30 GRAND TOTALS $11,971 $2,825 $4,785 $1,551 By purchasing the above recommended equipment, the City will spend $17,416. After subtracting $350 for trading in the Canon NP-210, the Xerox 1048, and - the Canon PC-25, this amount decreases to $17,066. (Note: the Canon NP-7550 will not be traded in.) This is a $2,934 savings in Account 10-4100-70400 which would leave enough money to purchase a FAX machine for $2,695. In addition, $3,716 will be spent out of Account 10--4100-61200 for copy maintenance. As of October 1, there was an unencumbered balance of $4,800 in this account Therefore, this $4,800 will be adequate to cover all copy equipment maintenance from October through the remainder of the fiscal year. If you have any questions, please contact Sherrie. sb/7790D j(y% CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 14, 1988 DATE SUBMITTED: November 1, 1988 ISSUE/AGENDA TITLE: Acquisition of PREVIOUS ACTION: Acquisition a portion of Don Morissette Builders negotiations Inc. property for park purposes PREPARED BY: Director of Community Development DEPT HEAD 0 CITY ADMIN OK REQUESTED BY: Department of Community Development POLICY ISSUE INFORMATION SUMMARY Over the past 4 months, the City has been negotiating with Don Morissette Builders Inc. to acquire approximately 3.35 acres of land which would be added to Summerlake Park. The land proposed for purchase is located just south of Summerlake and was originally included in a large single family development which recently received preliminary plat approval. Attached is a map which shows the subject and surrounding properties. It appears that the City and Don Morissette Builders, Inc. have reached an agreement on the acquisition price and terms of the sale. Attached is a letter-type agreement from the City Attorney that outlines all terms of the sale. ALTERNATIVES CONSIDERED 1. Approve the acquisition of 3.35 acres of land for $124,167.75 or $37,065 per acre for park purposes. 2. Continue to negotiate with Don Morissette Builders, Inc. FISCAL IMPACT $124,167.75 plus closing cost for 3.35 acres of land. SUGGESTED ACTION Staff recommends that Council authorize the City Administrator to execute all necessary documents to acquire the above described property. br/7826D O'DONNELL, RAMIS, ELLIOTT & CREW JEFF BACHRACH ATTORNEYS AT LAW CANBY OFFICE - CHARLES E. CORRIGAN' 181 N. GRANT. SUITE 202 STEPHEN F. CREW BALLOW & WRIGHT BUILDING CANBY. OREGON 97013 KENNETH M. ELLIOTT 1727 N.W HOYT STREET (503) 266-1149 KtNNEfH H. FOX PORTLAND. OREGON 97209 PHILLIP E. GRILLO (503) 222-4402 MARK P. O'DONNELL FAX 15031243-2944 TIMOTHY V. RAMIS PLEASE REPLY TO PORTLAND OFFICE MICHAEL REDDEN OF COUNSEL ' ALSO ADMITTED TO PRACTICE IN STATE OF WASHINGTON October 31, 1988 Mr. Gordon L. Hobbs 1511 S.W. Park Ave., #1003 Portland, Oregon 97201 Re: City of Tigard - Purchase of Don Morissette Builders, Inc., Property Dear Mr. Hobbs: I have spoken with Randy Clarno concerning the verbal agreement you have reached with the City for sale of the park property described as a portion of Tax Lot 100, Washington County Assessor's Map 1S1 33DD. The City has agreed to purchase 3.35 acres of park property at a price of $37,065 per acre, for a total purchase price of $124,167.75. An additional .65 acres will be dedicated by the developer to the City for public park use, comprised of .12 acres for flood plain and .53 acres for parking and bike paths, as required by the developer's preliminary plat approval. The entire four-acre parcel will be conveyed in a single deed to the City of Tigard, with a single metes and bounds legal description of the entire parcel, to be attached to this letter as Exhibit "A" and incorporated herein by reference. As part of the purchase agreement, the City would like to clarify the scope of public improvements required as a condition of subdivision approval. The condition of approval requires Winterlake Drive to be built, adjacent to the subdivision, to a standard equal to the portions of Winterlake Drive already developed in the Winterlake and Brittany square subdivisions. The required improvements include the following: 1. Construction of minor collector street improvements along Winterlake Drive, from the western plat boundary to S.W. 128th Avenue; City of Tigard - Morissette October 31, 1988 Page 2 2. Said improvements shall consist of a one-half street on the south side of the center line (20-foot wide driving surface, plus curb, sidewalk and necessary utilities); and a 12-foot paved driving lane on the north side with a rock shoulder; 3. All utilities will need to be installed, including sewer, storm drainage, water and street lighting, either under the paved surface or behind the sidewalk, in accordance with final construction plan approval. The City will proceed to order a preliminary title report for the property. The City will pay all cash at closing for the property, following receipt of an executed copy of this letter and subject to formal City Council authorization at its first November meeting, to be held on November 14, 1988. The City will require that the land be conveyed by general statutory warranty deed, free and clear of all encumbrances. With respect to closing costs, the City will require that Morissette pay for a title insurance policy in the amount of the purchase price. The City will also require that Morissette pay the Washington County transfer tax, recording fees, government service charge and any recording fees for the release of any existing encumbrances. The City will share equally the customary escrow fees. The City will also require that Morissette pay all real property taxes due on the property through the Closing date, at or before closing. This offer is made on behalf of the City of Tigard in conformance with the requirements of ORS 35.346. I trust that it conforms in all respects to the verbal agreements reached by you and Randy Clarno. Please indicate your acceptance of the offer, on behalf of Don Morissette Builders, Inc., by signing and dating below and returning the original of this letter to Randy Clarno in the enclosed envelope on or before November 4, 1988. Please retain the enclosed copy of the letter for your records. Sincerely yours, Kenneth M. Elliott KME/gaj cc: Randy Clarno, Development Services Manager kht\tigard\hobbsA tr C City of Tigard - Morissette October 31, 1988 Page 3 I AGREE TO ACCEPT on behalf of Don Morissette Builders, Inc., the City of Tigard's purchase offer for the real property described in Exhibit "A", attached hereto, and in accordance with the above-stated terms. DATED this _S fit day of November, 1988. DON MORISSETTE BUILDERS, INC. By Gordon L. Hobbos, Authorized Representative EXHIBIT "A" ~ s L A N D D E V E L O P X E X T C O N 8 0 L T A N T 8, I N C. u« PLANNING v" CIVIL ENGINEERING - SURVEYING 209 N. E. Lincoln Street Hillsboro, Oregon 97124 (503) 648-4061 Bob 04uist PLS r. Ryan O'Brien, Planner Jim Hims, PE Chris Bedsaul, Planner Ed Seonfienza, PE e' A portion of Lots 12 and 13, "ASH VALLEY TRACTS", a plat of is record, and a portion of the southeast 1/4 of Section 33, T.1S., R.1W., W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at a point on the east line of said Section 33, which bears N0'00127"E, 1165.76 feet from the southeast corner of said Section 33; thence. leaving said line N89°59'33"W, 15.00 feet; thence N0'0012701E, 143.91 'feet;. thence N44'40101"W, 100.53 feet; thence N6104011311W, 191.05 feet; thence N45'10108"W, 118.21 feet; thence S36.5211211W, 105.00 feet to a point on a curve; thence along the arc of a non-tangent 50.00 foot radius curve concave to the South through a central angle of 11602512411, a distance of 101.60 feet (chor bears S61055139"W, 85.00 feet) thence leaving said curve, N44 '44t1W, 83.45 feet; thence 546'14202"W, 363.33 feet; thence S501114711W, 123.17 feet; thence N89°55/281IW, 354.69 feet to a point of curvature; thence along the arc of a 1070.00 foot radius curve concave to the North through a central angle of 7°32'10", a distance of 140.74 feet (chord bears N86`09023"W, 140.63 feet) to the west line of said Lot 12; thence along said line, N000113711W, 70.68 feet to the south line of that tract of land described in deed to Shirley Dow in Book 242, Page 177, Washington County Deed Records; thence along said line, S8905542S"E, 391.0E feet to the southeast corner thereof; thence f along the east line of said tract, N005314011W, 219.61 feet to the northeast corner of that tract of land described in deed to Shirley Dow in Book 291, Page 349, of said deed records; thence leaving said line, S55'41108"E, 134.91 feet; thence N43'35119"E, ! 531.44 feet; thence S62.42123"E, 278.88 feet; thence S36'51118"E, 325'.00 feet to said east line of Section 33; thence along said line, S000002711W, 180.00 feet to the point of beginning. Containing 4.00 acres Subject to a 15.00 foot wide sanitary sewer easement. r• REfilSTE1lE0 "gROIFf JOWAC WP12.34parcel L' d SU C oAG I Ro®iooa ~ z ( -N- S.W. SN B G ~G S~ 1" = 200' C AKE DRt~IE G4AGE-R LILY CIRCLE SUMMER LAKE PARK as .h h \ w oh % 3 9 w 391.08' Y ~ ~~FF Q R +yo.vq' 359.69 - - 'Total property to be transferred to City. tr~w~~l 4.00 acres _ Lwwww' - Property to be transferred to City as _ -I condition of subdivision approval. rloodplain - .12 acres --1 - Walkways and Cul-de-sac parking MOMMMO - .53 acres - - Property to be purchased by city. 3.35 acres MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council Respond By FROM: Wayne Lowry, Firtance Director For Your Information DATE: November- 4, 1988 / Sign and Return SUBJECT: Park Land Acquisitions As discussed at the study session of July 11, 1988 and at more recent meetings, the City is moving ahead with the acquisition of several pieces of park land in the Summer-lake area. In order to budgetarily prepare for this process, I would like to set forth the events that will occur. As you know, the 1988-89 Adopted Budget includes $140,000 in Parks CIP appropriations. The results of the audit indicate that the beginning fund balance in the Parks SDC Fund is $64,000 greater than anticipated. This additional 1988-89 resource will riot be appropriated until the Supplemental Budget, which is tentatively scheduled for January 1989. It appears that the following property transactions will close prior to the adoption of the Supplemental Budget: Estimated Property Cost Century 21 $ 92,500 Morissette 125,000 Total $17.500 As mentioned in an earlier discussion, because the Parks SDC Fund does not have adequate resources this fiscal year to purchase the desired property, the General Fund must purchase the land. As resources permit, the Parks SDC Fund will purchase the land back from the General Fund. In order to enter into an agreement to purchase both properties indicated above, the Council must pass a resolution to appropriate General Fund Contingency/Reserve as follows: Parks SDC Fund Appropriation $140,000 Park design plans Morasse & Assoc. 30,000 Summerlake turf renovation 10,000 Net Park SDC Appropriations Available 100,000 4 Projected Costs of Land Purchases 217,500 ' To Be Appropriated from G/F $117.500 The attached resolution appropriates $117,500 from the General Fund i.. Contingency/5-Year Plan reserve. The General Fund will participate in the purchase of the property and record the purchase price as an asset in the. General Fixed Asset Group of Accounts. As Parks SDC resources become available in 1989-90 and later, the General Fund will be repaid. Further land purchases beyond these two will involve the same process. ke/7685D P Attachment s e r CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM E -24ARY AGENDA OF: November 14, 1988 DATE SUi2AITTED: November 3, 1988 ISSUE/AGENDA TITLE: License Agree- PREVIOUS ACTION: None ment for PacTrust PREPARED BY: Community Dev. Director DEPT HEAD 0 CITY ADMIN OK REQUESTED BY: PacTrust POLICY ISSUE Should the City grant a license, with certain conditions, to a private land owner for the temporary private use of an adjacent undeveloped public right-of-way. INFORMATION SUMMARY Pacific Realty Associates (PacTrust) is requesting the City grant them a license to use, temporarily, an undeveloped public right-of-way which adjoins their development near SW 72nd Avenue and SW Kable Lane. Attached is a drawing and a memo which explains in greater detail why the license is being requested. Staff, the City Attorney and PacTrust have worked together in the preparation of the license agreement which is also attached for your review. ALTERNATIVES CONSIDERED 1. Enter into the attached license agreement with PacTrust to allow the temporary private use of a public right-of-way. 2. Deny PacTrust's request for a license to use public right-of-way. FISCAL IMPACT eacase=eaaaasava=eaaeaeaeeavaa=aeaaoaaaaaaaaaaaaseea¢==eaeaeeaaaaaaa ~=aaaaaaaa SUGGESTED ACTION Staff recommends that Council authorize the Mayor, on behalf of the City, to enter into this proposed license agreement with PacTrust for the temporary private use of a public right-of-way. cn/7842D MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and City Council November 4, 1988 FROM: Ed Murphy, Community Development Directo SUBJECT: Proposed License for PacTrust to use public right-of-way. Pacific Realty Associates (PacTrust) is requesting to receive a 3-year license from the City to use a portion of an undeveloped right-of-way which adjoins one of their developments. This particular development is adjacent to portions of SW 72nd Avenue and SW Kable Lane (see attached map) and is a continuation of the Oregon Business Park. The 30-foot wide unnamed right-of-way in question adjoins the westerly boundary of the project and also adjoins the Southern Pacific Railroad right-of-way. The unamed right-of-way was created in the early 1900's and has never been improved or opened for public use. This right-of-way appears to serve no public purpose nor play into any long-term plans for transportation in the area. Staff has suggested that vacation of the right-of-way might be the best long-term solution. However, certain complications involving underlying ownership of the right-of-way and legal access to adjacent properties would probably prevent completing a vacation in the near future. The issues are such that it would require a number of property owners working together to resolve them. PacTrust has stated that they want to initiate this process soon, however, they anticipate it may take several years to resolve. In the interim, PacTrust is requesting a license to use the right-of-way for parking, landscaping and other private improvements. In 1979, the City issued a similar license to the property just north of PacTrust for largely the same reasons as stated above. This license is still in effect and can be terminated by consent of all parties or by other special conditions recited in the license (e.g., City opening it for public use). The proposed license agreement, which is attached for your review, has been prepared by PacTrust and slightly modified by the City Attorney. The City Attorney agrees that a license is the best way to allow private use of the right-of-way while allowing property owners to resolve issues affecting underlying ownership and access. Staff is recommending that the City enter into the license agreement with PacTrust to facilitate their immediate needs while continuing to work with other affected property owners for a longer term solution. cn/7842D Attachments 1 LICENSE THIS LICENSE, given by the City of Tigard, entitles Pacific Realty Associates, L.P. ("Grantee"), its successors and assigns, to the certain limited, described uses of the real property described in Exhibit A ("the Subject Property"). 1. The Subject Property is a portion of a dedicated, but undeveloped and unaccepted, public street right-of-way. By this License, the City of Tigard grants to Grantee the rights to make the following uses of the Subject Property: A. To park cars, trucks, and other machinery. (This right includes the right to pave, to mark the pavement, to construct curbs, and make such other improvements and alterations to the Subject Property as may be reasonably necessary to facilitate the described use and to meet relevant requirements of the Tigard Municipal Code and such land-use requirements and limitations as the City may impose from time to time.) B. To landscape areas of the Subject Property. C. To place upon the Subject Property piping, wiring, meter boxes and such other similar ancillary equipment, machinery, and supplies as may be useful to any legal business use of the adjacent parcels described in Exhibit B. 2. The limitations on this License include the following: A. If, at any time, the City or other government or any person, partnership, or corporation proposes the opening, improvement, or governmental acceptance of the Subject Property as an improved public street or road, Grantee shall remove, at its expense and within 90 days of receipt of written notice to do so from the City, any curbs, fences, walls, berms, trees or other impediments to the opening of the Subject Property for public travel. (The City shall not give the described notice until it has authorized the improvement of the subject property as an improved public street or road and satisfied itself as to the proposed developer's good faith intent to make the improvement and his or its capacity to accomplish the project. The opening, improvement or governmental acceptance of the Subject Property as an improved public street or road shall not give rise to an action or suit for damages by Grantee, its successors and assigns. It is specifically agreed by Grantee that if the opening, improvement or governmental acceptance of the Subject Property occurs, any violations by 1 - LICENSE Grantee of the land-use regulations of any government caused by the loss of use of the Subject Property shall be the responsibility of Grantee, its successors and assigns, and Grantee, its successors and assigns, shall take such action as may then be required by relevant laws and land-use regulations, without cost to the City of Tigard. B. Grantee accepts responsibility for the care and maintenance of the Subject Property, and agrees to hold the City of Tigard harmless from any claim arising out of the use and maintenance of the Subject Property by Grantee. C. This license small not entitle Grantee to use of the Subject Property for the purpose of providing access to any tract of land other than that described in Exhibit B. D. This license shall expire 36 months from the latest date written beside the signature at the end of this document, unless sooner terminated by other conditions recited in this document or by the consent of all parties. EXECUTED THIS 7 day of 1988 on behalf of the City of Tigard. Maio STATE OF OREGON ) )ss. County of _VM S Gu' n.~/ f cs~'~ THIS INSTRUMENT was acknowledged before me on (S'Len-n 1988, by as 1}^ and as o the City of Tigard. Notary Public for Oregon ~ I (NOTARIAL SEAL) My Commission expires: ~5110 2 - LICENSE EXECUTED this day of , 1988, on behalf of Pacific Realty Associates, L.P., by PacTrust Realty, Inc., general partner of Pacific Realty Associates, L.P." By PacTrust Realty, Inc. By: Richard P. Buono Vice President STATE OF OREGON ) )ss. County of THIS INSTRUMENT was acknowledged before me on , 1988, by as and as of the City of Tigard. Notary Public for Oregon (NOTARIAL SEAL) My Commission expires: cn/7842D 3 - LICENSE ' Exhibit "A" That portion of that 30-foot-wide road, easterly of, and adjacent to the following described tracts. A portion of lot 3 3CUhMM PACIFIC TIGARD nmusTAm PARE in the S.E. ~g of Section 12 T. 2 S., R. 1 W., Washington County, Oregon described as follawa Beginning at the southeast corner of,lot 3 Southern Pacific Tigard Industrial Park; thence North 10 201 16" West along the East line of said lot 3 a distance of 282.52 feet; thence South 880 291 35" West 297.80 feet to a point in the West line of lot 3; thence Southwesterly along said vest line on the are of a Searles Transition curve to the right ( the chord of which bears South 00 231 50" East 73$.43 feet ) a distance of 115.43 feet to a point of curve; thence Southeasterly on the arc of a 1487.69 toot radius curve to the right ( the chord of which.-bears South 40 26, 16" West 168.01 feet) a distance of 168.10 feet to the Southwest corner of lot 3; thence North 880 291 35" East along the South line of said lot 3 a distance of 316.61 feet to the point of beginning. Together with: A portion of lot 3 SOUTHERN PACIFIC TIOARD 71'TDBSTR.LIL PARK in the S.S. 3% of Section 12 T. 2 S., R. 1 W., W.M. Washington County, Oregon described as follows: Beginning. at a point on the East line of lot 3 Southern Pacific Tigard Industrial Park that is North l0 201 16" West 282.52 teat from the Southeast corner of said lots thence continuing along said East line North l0 201 16" West 782.57 feet to a point in the South line of Kahle Lane, thence along said South line South 880 29? 35" West 5.00 feet to a point of curve, thence on the are of a 20.0 foot radius curve to the left (the chord of which beam South 630 25' 43" West 16.95 feet) a distance of 17.50 feet to a point of reverse curve; thence on the arc of a 58.00 foot radius curve to the right (the chord of which bears North 710 341 22" West 109.05 teat) a distance of 7.41.85 feet; thence South 880 291 3511 West 204.39 feet to a point in the East line of a 30.00 foot roadway and the West line of said lot 3; thence South 30 281 12" East along said West line a distance of 692.96 feet to a point of curve; thence on the arc of a Searles Transition curve to the right (the chord of which bears South 30 081 18" East 120.06 feet) a distance of 120.36 feet; thence North 880 291 35" East parallel with the South line of lot 3 a distance of 297.80 feet to the point of beginning. Exhibit "B" A portion of lot 3 S00TBERN PACIFIC, TMAM INDUSTRIAL PARK in the S.E. ;4 of Section 12 T. 2 S., R. 1 W., Washington County, Oregon described as follows: Beginning at the southeast corner of lot 3 Southern Pacific Tigard Industrial Park, thence North 10 201 16" West along the East line of said lot 3 a distance of 282.52 feet; thence South 88° 291 35" West 297.80 feet to a point in the West z line of lot 3; thence Southwesterly along said west line on the are of a Searles Transition curve to the right ( the chord of which bears South 0° 231 50" East 3:5.43 feet ) a distance of 115.43 feet to a point of curve; thence Smitheasterl,t ' on the arc of a 1487.69 Zoo's radius curve to the right ( the chord of which ears South 40 26, 16" West 16841 feet) a distance of 168.10 feet to the Southwest corner of lot 3; thence North 88° 291 35" East along the South line of said lot 3 a distance of 316.61 feet to the point of beginning. 1 Together with: A. portion of lot 3 SOUrMRN PACIFIC TIOARD IND[ SMLAL 'M in the S.S. 4 of t Section 12 T. 2 S., R. 1 W., +7.M. Washington County, Oregon described as follmm : R F, Beginning. at a point on the East line of let 3 Southern Pacific Tigard Industrial Park that is North 1° 201 16" West 282.52 feet from the Santhaast corner of said lot; thence continuing along said East line North 1° 201 16" West 782.57: feet to a point in the South line of Kahle Lane; thence along said South line' South 88° 29V 35" West 5.00 feet to a point of curve; thence on the arc of a 20.0 foot radius curve to the left (the chord of which bears South 630 25, 43" West 16.95 feet) a distance of 17.50 feet to a point of reverse curve; thence on the are of a 58.00 foot radius curve to the right (the chord of which bears North 71° 341 22" West 109.05 feet) a distance of 141.85 feet; thence South 88° 291 35" West 204.39 feet to a point in the East line of a 30.00 foot roadway and the West line of said lot 3; thence South 30 28t'128 Past along said West line a distance of 692.96 feet to a point of curve; thence on the arc of a Searles Transition curve to the right (the chord of which bears South 3° 081 18" East 120.06 feet) a distance of 120.06 feet; thence North 88° 291 35" East parallel with the South line of lot 3 a distance of 297.80 feet to the point of beef-ling. ' > ? .a J other portion of In : undeveloped right-of-way W Q Property which benefits E-- a from existing license co Q LEGEND z i RIGHT-OF-WAY SUBJECT TO EXISTING LICENSE 1 PROPOSED RIGHT-OF-WAY • • r. t •'"s;;:y FOR NEW LICENSE J r` / 11 '1 S W KABLE LN. ~Property which / would benefit from proposed license • ~ Q,oP 11 ~ N T ~ f 'O 7 9 other portion of undeveloped 121 1T right-of-wa . ti F~ 1 Rp OREGON OREGON i - 40 Oo 1 ~il 0 OI ICIMRCQ i r CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 14, 1988 DATE SUBMITTED: September 27, 1966 ISSUE/AGENDA TITLE: Training request/ PREVIOUS ACTION: None accident reconstr ction course for Of c. Rob Harb PREPARED BY: Lt. Robert Wheeler DEPT HEAD ON ITY ADMIN OK REQUESTED BY: Chief David Lehr POLICY ISSUE INFORMATION SUMMARY The Institute of Police Technology and Management will be presenting their Accident Reconstruction Course December 5 through December 16, 1966, at their location at University of North Florida, Jacksonville, Florida. This 60 hour course is a follow-up of the Advanced Accident Investigation Course. The course is designed to overcome the difficulty of getting an officer's investigation findings admitted into Evidence in court. It enables a well trained police officer to qualify as an expert and rive expert testimony in a court of law relative to the causation factors in motor vehicle accidents. Subjects covered are: 1. Deprivation and origin of speed formulas. 2. Speed of vehicle at impact. 3. Behavior of vehicle in accidents using three law motions. 4. The effect of weight shifting in braking involving large trucks. 5. The effect of anti-skid or computer braking systems. 6. The determination of travel, initial contact of vehicles. - ALTERNATIVES CONSIDERED ! With our recent double fatal traffic accident, we had to ask for resources from the State Police to investigate the accident (at the request of the Washington County District Attorney's Office), thereby causing a substantial delay in our ability to handle the accident. With our growing community, the Police Department has an increasing demand to perform more in-depth accident investigations to establish causation factors to enable us to determine criminal liability. This seminar will certify Ofc. Harburg as an Accident Reconstructionist, thereby he will be of great value to the department and citizens of this community. F Sufficient funds are in the training budget to pay the costs. 1. Approve the request 2. Deny the request FISCAL IMPACT 1. $1,796.00 SUGGESTED ACTION E Staff recommends approval of the request. ke/7224D Nr s I 1 %09 • i WIPI RW EDUCATION/TRAINING REQUEST This form is to be used for conferences, seminars, college classes and other orms of either training or education. Documentation is required, a copy is co be attached to this form. Attachments for mailing may also be attached. A follow up report is required. A copy will be placed in your personnel file. DATE OF REQUEST: '9-21--88- Requested by: g_g_ Agj TRG Vendor No.: PAYABLE TO: TM ( gj Employee request attend 1567 .S T. 701, vs i.~u,zx Rcl Employer required attend Fl//e 2L 3.2r2 /(a For check run of ( ] Mail check ( ] Notify dept. when ready 'vendor No.: Vendor No. PAYABLE TO: ob Al/ Rpa.a PAYABLE T0: y`PGn rr oG Title of Program: TRAFFIC ACCIDEN2! RECONSTRUCTION Institution or organization INSTITIJTE OF POLICE TECHN NT Registration Deadline ASAP Training Dates From--12-5-88 To:12-1 -88 Describe the purpose:At the present time our department does not have anyone qualified as an accident reconstructionist. If there is a serious or fatal accident in our city we must depend on another police agency to do the reconstruction. If the other agencies can Ccont) Is this related to current position ( ] reasonable promotion or transfer? f xplain: I am currently assigned to traffic patrol and I have completed rcf G the I.P.T.M. advanced accident investigation class. TRAINING COSTS: [g ] to be advanced [ ] to be reimbursed after attendance Account No. Amour Registration or tuition Books.. Travel (mileage, bus, train, airplane, etc.).... 390` Lodging Per Diem 2 Other: Total $ 179( Authorizations: I(employee), understand and agree that if all conditions of education/training policies are not met, I may be required to reimburse the City for any expenditure mad q*. behal Employee Signature:. Date d Appropriation 1 race: / ~ 7 _Mana e . ~pproved [ ] disapproved Dept. Head: [ approved ] •sapproved (explain): ' Ce ~4 it 2 E C G „c n ,e AC 5 r f y l ° /o`r ° t/ Finance Director: /v,~n -L, f not provide this service, we simply do without. our department has grown to a large enough agency to provide total police service to our citizens without relying on constant assistance from other agencies. This class will allow me to do accident reconstructions and and any prosicutions that arise from the accidents c;an be handled by our department. i F is t-~ C; INSTITUTE OF POLICE ® The Institute of Police TECHNOLOGY AND Technology and MANAGEMENT Management The Institute of Police Technology and Manage- ment (IPTM) is an integral part of the University University of North Florida of North Florida in Jacksonville. A department in the University's Training and Service Institute, ; z .j► Presents a Course IPTM was created and designed to provide o~ in management and traffic training to municipal, <oz c (0 county, state and federal law enforcement officers. r m = c IPTM trains annually more than 8,000 civilian and s"a 0 o, I military law enforcement personnel from nr K ro J l throughout the United States and overseas. von a,°-^ C'N: fY The IPTM faculty consists of professionals who (D combine practical law enforcement skills with fff many years of police training experience and the academic background necessary to effectively g - " train in-service law enforcement officers. This full- ' time faculty is supplemented by highly qualified I~ experts from government, private industry and the academic community. IPTM programs are specifically directed toward operational, supervisory and command law en- forcement personnel. Courses are designed to im- prove the skills and abilities of the students in per- forming law enforcement tasks and to acquaint the students with new developments in each area of ®~~`T' interest. IPTM is proud of its role as leader in ap- ACCIDENT plying microcomputer technology to law enforce- ment and highway safety. Most IPTM training programs are available for delivery on-site to a police agency or a group of police agencies. For additional information, write October 24 -November 4, 1988 to: Miami, Florida Assistant Director, IPTM December 5-16, 1988 University of North Florida a, ° c o Z Jacksonville, Florida 4567 St. Johns Bluff Road, S. 9),o C Jacksonville, Florida 32216 a m n or call (904)646-2722 (00- (D m Funding for this program has been approved by the Fork CL Criminal Justice Standards and Tmining commission h local dollar expenditure. TRAFFIC ACCIDENT RECONSTRUCTION ro 0 S z D S) 22 0_0090-oz (80 Hours) a T C c c c c T.0 CO. D' 3 =3 N COURSE INFORMATION Many trained police officers have difficulty getting 0 ~ = • • o (D (D m cD c Q N ~ c v, w Location: The Jacksonville course will be their accident investigation findings admitted in- o a N m v -t D to evidence in court. O 5 U m (D e 0 a 0 m c conducted at the Institute of This course is designed to help overcome this dif- m 6 a y Police Technology and Manage- 0 by enabling a well trained police officer to z O ~ CD N ment, University of North Florida, >0 4567 St. Johns Bluff Road, S., quality as an expert and give expert testimony 3 ° F 01 0 0 m -1 < F Jacksonville, Florida. In a court of law relative to the causation factors Cr 0 ~ '_n N ~ in motor vehicle traffic accidents. A student who (D 3 (o The Miami course will be con- successfully completes this course will be able to (D n w ducted at the Metro-Dade Train- give expert testimony in the following areas: z o 5 3 ing Academy, 9601 N.W. 58th 1. Derivation and origin of the commonly used _0)c °m ° Street, Miami, Florida. speed formulas, (D~ to 03 ~ Dates: October 24-November 4, 1988 2. Speed of vehicles at impact using conserva- • 00 Cr M 00 A M 'A d Miami, Florida tion of linear momentum, .'n 3 Behavior of vehicles in a collision using d ? O Q. December 5.16, 1988 3 Z _M i' Jacksonville, Florida Newton's three laws of motion, m u (C~ 710 4. The effect of weight shift in braking involving o co ro o c 0 d Course Fee: The course fee of $595 includes large trucks and buses, including truck-tractor s < 3 fn tuition, student reference manual semi-trailer combinations, 5. The effect of computer or anti-skid braking .n 3 z and all study materials. (Each ° r-' - student should bring a hand systems in stopping distances and braking .o action, m 3 calculator with a square root O 6 The determination of direction of travel, initial Q r z key.) contact, and position of vehicles on the 0 Lodging: Lodging and food are the respon- roadway. `D ID sibility of the student. However, This course includes extensive project work and C CD hotels in the Jacksonville and controlled vehicle experiments to give the student o - o o Miami area offer a special rate for M :3 first hand experience in proving that the specific m IPYM program participants. equations are accurate. a o m N c; o A°i 2. ff a Transportation: Jacksonville and Miami are Because of the highly technical subject matter, it v ~ ~m y p cg!R is mandatory for each student to have successfully ~ o C served by several major airlines. completed an Advanced Accident Investigation cD m o " 7 Additional information concerning course or its equivalent. Since it is vital for m T H z = < air and ground transportation will CD 'a graduates of this program to be able to give ex- ? " a be sent upon confirmation. E- =r pert testimony in court, enrollments will be limited o d = „ g ca 33 and students will be selected on the basis of ac- U3 N w a o Registration: To enroll, complete the attached cident investigation experience and prior training. N 8 n. w ~ ~ registration form and return to the Early application for this course is encouraged. a co < Z Director, Institute of Police Application forms can be obtained from the Direc- a Technology and Management. tor, IPTM. Approximately six weeks prior to the w Receipt of this form will be start of the course, study materials in basic w w 'rt acknowledged by the Institute mathematics and algebra will be sent to each stu- 3 o and hotel registration cards will be dent. The student should review these materials W sent. before coming to the course. :3 n~ M1, NJ MW M, 1141 Imp CITY OF TIGARD OREGON Con e ,n LA e a COUNCIL AGENDA ITEM SUMMARY q-o 1rl;yl88 AGENDA OF: 88 DATE SUBMITTED: October 14, 1988 ISSUE/AGENDA TITLE: CPA 88-04 PREVIOUS ACTION: Reviewed by Planning ZC 88-10 (Mielnik) Commission on 10/4/88 PREPARED BY: Keith Liden DEPT HEAD OK CITY ADMIN 014 REQUESTED BY: POLICY ISSUE INFORMATION SUMMARY On October 4, 1988, the Planning Commission reviewed the above application and voted to recommend denial of the proposal. Attached is a copy of the applicant's submittal, staff report recommending approval, written testimony reviewed at the Planning Commission hearing, and Commission minutes. ALTERNATIVES CONSIDERED 1. Deny as recommended by the Planning Commission. 2. Approve as recommended by the Planning Division staff. FISCAL IMPACT i t f SUGGESTED ACTION Approve as recommended by staff. br/7557D a ~ • 1 Q ' l W S. W. MURDOCK a / ST. _ ° a S.W. m m LA MANCHA Cam' co W Q ~ S. W. ROSS STREET y S.W. GE~yrt _ r TT 3 ~ 9 Fl I N. L ASFFOR® Z ui r BILE T. 3 W URCHILL 3 WY. if. T. .A -COI - a .n S BOND ST. w 3 / 2 DURHAM } Q Q USA mz_i TREATMENT =m°o ~ ~ Ao ~ STAFF REPORT AGENDA ITEM 5.2 OCTOBER 4, 1988 - 7:30 P.M. TIGARD PLANNING COMMISSION TIGARD CITY HALL - TOWN FALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1. General Information t CASE: CPA 88-04 and ZC 87-10 REQUEST: Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential and Zone Change from R-4.5 (Single Family Residential, 4.5 units per acre) to R-7 (Single Family Residential, 7 units per acre) for 13.16 acres. APPLICANT: Leonard & Lucie Mielnik OWNER: John & Naomi Loewer 426 Mastick Avenue Richard & Barbara Bradley San Bruno, California 94066 Walter & Joan Brooks Gary Mark Frey Leonard & Lucie Mielnik LOCATION: West of SW 76th, south of Gentlewoods Subdivision, east of SW 79th, and north of Bond Park Subdivision (WCTM 2S1 12CA Lots 700, 3500, and 3600; WCTM 2S1 12CD Lots 200 and 300). 2. Background Information In December 1986, the Tigard City Council gave conditional approval to the Albertson's Comprehensive Plan Amendment for changing the Plan designation of several properties located at the southeast corner of Durham Road and Pacific Highway. This proposal requested redesignation of these properties from High Density Residential to General Commercial. The result of this decision was the removal of about 400 potential multi-family housing units from Tigard's inventory of vacant, buildable land. The Metropolitan Housing Rule (Oregon Administrative Rules, Chapter 660, Division 7) requires that Tigard provide a housing opportunity for at least 50 percent multi-family units and a net minimum housing density of 10 dwelling units per acre on vacant buildable land within the City's Urban Planning Area. The Albertson's CPA was granted on the condition of redesignation of sufficient residential land to higher densities to make up for the housing opportunity shortfall created by the decision. Several sites throughout the city, including the parcels involved in the current application, were considered for increased residential densities to make Up for the housing opportunity shortfall created by the Albertson's decision. The subject properties were proposed for 4`. STAFF REPORT - CPA 88-04 and ZC 87-10 (MIELNIK) - PAGE 1 Plan/zone redesignation from Low Density Residential/R-4.5 to Medium Density Residential/R-7 (CPA 87-07(D)/ZC 87-02(D)). No actions was taken by the City on the proposed amendment rezoning for these parcels. The City decided to increase allowable residential'densit-y on several parcels near Pacific Highway to meet the requirement of the Albertson's rezoning. No other land use applications regarding these parcels have beer) reviewed by the City. 3. Vicinity Information These properties are surrounded by the following zoning districts: R-12 (Medium Density Residential , 12 units per acre) to the south, and southwest; R-7 (Single Family Residential, 7 units per acre) on the east and west sides; and R-4.5 (PD) (Single Family Residential, 4.5 units per acre - planned development overlay) to the north. Subdivision development has already occurred on the south, north, and west sides of these properties. Part of Bond Park Subdivision is located to the south. Although zoned R-12, all phases of that subdivison have protective covenants restricting each lot to one detached single family dwelling. Gentlewoods Subdivision, situated to the north of the subject properties, is fully built. Ashford Oaks Subdivision is currently under development to the west of tax lots 300 and 3600 across SW 79th Avenue. (SEE ATTACHED MAP). Access from all these subdivisions to Bonita Road and Durham Road is by SW 79th Avenue and, to a minimal extent, from SW 76th Avenue. A second phase of Ashford Oaks subdivision has recently been approved which would provide for a road connection between SW 79th Avenue and Hall Boulevard. 4. Site Information and Proposal Description The lot sizes of these parcels which total 13.16 acres, range from just under 2 acres up to 5.6 acres. Most of the lots have homes built in a semi-secluded manner among stands of trees. The terrain is varied with several areas having slight slopes and swales. The area is mostly wooded. The redesignation is desired to allow for single-family development with smaller minimum lot sizes (5,000 minimum lot size) Lhan is required in the R-4.5 zone (7,500 minimum lot size). The properties are all within a designated "Developing Area" in the Comprehensive Plan. The proposed Plan amendment/zone change would potentially result in a net gain of 33 residential units. 5. Agency and NPO Comments The Engineering Division reviewed the proposal and commented that the proposed redesignation would increase the potential number of residential units that could be developed in the area, with a corresponding potential for increased traffic resulting from the Ic STAFF REPORT - CPA 88-04 and ZC 87-10 (MIELNIK) - PAGE 2 I development. Currently, traffic capacity is not a significant concern on adjoining streets. The small potential increase in traffic that could result from the proposed redesignation would riot have a " significant impact on traffic capacity. (i Tigard School District 23J commented that, at the current time, the area considered for redesignation is in the Durham Elementary School attendance area. Durham School, as it now stands, cot-lid not house children expected to come from this area, especially when considering other proposed developments in the area if these projects are completed prior to September 1989. Even with the prospect of additional classrooms at Durham School by that time, the School District cannot guarantee that children from the area of the proposed redesignation will be able to attend Durham Elementary School. NPO #5 reviewed the proposal and commented that the majority of the NPO members approve of the current proposal. Other members would prefer f maintaining the present Plan and zoning designations. The NPO also noted that the requested redesignation seems to reflect current housing market conditions. The Building Division and the Tigard Water District reviewed the proposal and offered no comments or objections. No other comments were received. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 6.1.1, 7.1.2, 7.8.1, 8.1.3, and 12.1.1(2), the locational criteria for the Medium Density Residential designation. Since the City of Tigard's Comprehensive Plan has been acknowledged by the Oregon Department of Land Conservation and Development Commission, an analysis of the proposed amendment's consisting with the state-pride Planning Goals is not necessary. The Planning staff has determined that the proposal is consistent with the relevant portions of the Comprehensive Plan based upon the findings noted below: 1. Plan Policy 2.1.1 is satisfied because Neighborhood Planning Organization #5 and surrounding property owners were given notice of the hearing and had an opportunity to comment on the applicant's proposal. 2. Plan Policy 6.1.1 is satisfied because rezoning of the parcel with the R-7 -none will allow for a greater variety of housing types as permitted uses than are allowed in the R-4.5 zone. Duplexes, attached single-family residences, and mobile home parks and subdivisions are permitted uses in the R-7 zone, whereas they are conditional uses in the R-4.5 zone. The R-7 zone also permits greater housing densities through requiring a smaller minimum lot size than the R••-4.5 zone. Together, the greater variety of housing STAFF REPORT CPA 88--04 and ZC 87-10 (MIEL.NIK ) PAGE 3 types and smaller lot sizes allowed in the R-7 zone should provide greater variety in type and cost of housing units. The Planning Commission will be provided with a separate memo which projects the City's compliance with Oregon Administrative Rules, Chapter 660, Division 7 - the Metropolitan Housing Rule, based upon adoption or nonadoption of this and another current Plan amendment I proposal. 3. Policy 7.1.2 is satisfied because adequate public services are available in the area of the proposed redesignation. Utility extensions will be necessary prior to development of these properties. Extension of necessary services will be a condition of approval of any future subdivision of these properties. 4. Plan Policy 7.8.1 is satisfied because the Tigard School District has been informed of the proposal and has therefore been given the opportunity to plan for any potential increase in school enrollments resulting from potential increased residential density in this area. 5. Plan Policy 8.1.2 will be satisfied as a condition of approval of any development proposal affecting the subject parcels through requiring that necessary right-of-way dedication and road improvements be accomplished prior to development. t 6. Plan Policy 12.1.(A)(2) the locational criteria for the Medium Density Residential Plan designation, are satisfied for the following reasons: a. The area is sparsely populated and has substantial potential for redevelopment. Adjacent areas are predominantly designated for Medium Density Residential development and are developing as such to the south and west. The subject properties, therefore, are not committed to low density development. b. Tax lots 3500 and 3600 both front on SW 79th Avenue which is designated as a minor collector street by the City's Transportation Plan map. C. Development limitations, such as flooding or steep slopes, are not evident for any of the parcels. d. Necessary public facilities and services presently have the capacity to serve additional potential development- on the properties, with the possible exception of the Tigard School District. 'The School District has applied for Conditional Use E approval for construction of additional classrooms at Durham Elementary School. Development- of the proposed classrooms ~ would greatly improve the School District's ability to serve additional students that might indirectly result- from approval of the proposed Plan Amendment/rezoning. x STAFF REPORT - CPA 88--04 and ZC 87-10 (MIELNIK) - PAGE 4 e. Tri-Met bus service is available on Upper Boones Ferry Road which is located approximately one-third of a mile from the site. JWW f-. The parcels abut Low Density Residential designated properties only on the northern edge of the subject site. Because of the similarities between the lot sizes of Gentlewoods Subdivision to the north and the minimum lot size that would be permitted on the subject properties if the Plan amendment-/rezoning is approved, the Planning Division finds that there is no need for special buffering provisions between the two areas. Policy 12.1.1(2)(8) provides criteria for selecting the appropriate implementing zone for areas that are designated for Medium Density, Residential development. The Planning Division finds that the R-7 zone's permitted density of 7 dwelling units per acre is better suited for this area than the R-12 zone's permitted density of 12 units per acre because of 1) the predominance of R-7 zoning abutting the properties and, 2) the distance of the area from convenience shopping and bus service. In addition, the R-7 zone is more compatible than then R-12 zone because the uses allowed in the R-7 zone are the same as allowed in the abutting areas that are zoned R-7 and R-4.5 (PD) and also with the uses which have already been developed in the Bond Park subdivision, whereas the R-12 zone would permit the development of multi-family dwellings. Multi-family dwellings would be less compatible with the uses allowed on abutting properties. C. RECOMMENDATION Based upon the above findings and conclusions, the Planning staff recommends approval of CPA 88-04 and ZC 88-10 amending the Plan map designation of 13.16 acres between 76th and 79th Avenues and south of Gentlewoods Subdivision from Low Density Residential to Medium Density Residential and to also amend the zoning designation from R-4.5 to R-7. Liden TF7 PRE"PAR BY: err ffer AP ROVED BY: Kei Ass s ant Planner Senior Planner (br•/ 7254D) I STAFF REPORT - CPA 88--04 and ZC 87-10 (MIELNIK) - PAGE 5 1 t2 V7 1 ( E I I H-I • N I -'~~twOMANY• t I - S i S {`\j f 1 ~ .:.o - , ~r~ ; ~!<x~r ~~u"' ' i tI` ~ 4 fiats= AYl 5 AMI.[t S r' 1. i~ $ ++VC'. , \ : + r i,- ("'fw 1111 1 ' 1 I , ~ - .~_.ti ~+~11 t -1- k . P-L G~ - IREATMENt ( r ANT w.~a AM DURH - • Mf•_MORANf►t1M CYT Y OF IGARD, OREGON 1'0: Planning Commission ( FROM: Jerry l04'er, Assistant- Planner- DATE: October 4, 1988 SOBJECT: Metro Housing Rule Compliance The Metropolitan Housing Rule (OAR 660, Division 7) r•equ.ir•es that the average density allowed for all undeveloped r•esidentia.l land within the City's original planning area be a minimum of ten dwelling units per- acre. Two plan amendment proposals before you tonight could positively affect the City's overall allowable density on lands that are classified by the Plan as buildable residential lands. The City's Plan, as acknowledged by LCDC in 1984, inventoried 1,311 acres of developable residential land in the City. Zoning at that time pr•ovided.for• a housing opportunity of 13,110 units, just meeting the Metropolitan Housing Rule standard. Since that time, seven Plan amendments have been approved which have affected the inventory. -those r•edesignations provide a current inventory of 1,290 acres and a housing opportunity for 13,088 units (10.14 units per acre). Both proposals currently before the Commission would riot. affect the amount of developable residential acreage of 1,290, but both would increase housing opportunity in ter-ins of potential dwelling unit,, per-. buildable avr•e in the City. The Tigard School District proposal would provide an opportunity for- an additional 24 dwelling units. The Mielnik proposal would provide an opportunity for an additional 39 dwe.11ing units. The affect of those proposals on the housing opportunity index is as follows: 1. Approval of Tigard School District proposal Developable acres - 1,290 acres Potential dwelling units - 13,112 units Housing opportunity index 10.16 units/acr-o 2. Approval of Mi.elni.k proposal Uovelopablo acres - 1,290 acre:; Pot.ont.ial dwoll.ing uriit.s t3,1I1 dwclli.rnT unit Iictt.i!;mt:i opl:tctr•tc.ntity .index W. I / uni 1. ::/,arrc ' ''f~(ti~' ~~v,a l ~~1b,tl ht iar•,tlaittisl 5 ,tc I -o'.I I.' M •N rl...• 1 lant.tal 0weltiny unit:: 13 11~uAirtUttl:ktr'LUrIi I y indi•x iu. i' n~i I •,',t r't• I s 1 kit/; 3c 'il) APPLICANT'S STATEMENT APPLICATION FOR ZONE CHANGE OF TAX LOT 3500 July 23, 1988 r" To Whom it may concern, We are proposing for a zone change on tax lot 3500 from R- 4.5 to R7. We believe that all the location criteria for chang- ing from low density to medium density are met in the plan desig- nation paragraphs 6.11, 7.12, 7.8.1, 8.139 8.2.2 . This change of zoning will benefit the City of Tigard and the residential community. By having a high quality neighborhood with affordable family homes, this will only complement the ex- isting neighborhood. Some points that we want to bring out are that lot 3500 is accessible by three roads which are 79th Ave., Gentlewoods Drive and 76th Avenue. Also, to the west of the property the land is .facing Trudy Park Subdivision zoned R-7, to the east the land is zoned R-7, to the north is Gentlewoods subdivision zoned R-4.5, and to the south only three properties are zoned R-4.5 which then border R-12. In addition, here are some statements the support the pos- sible zone change: A. Public water, sewer and strom drainage is readily accesible on 79th Avenue and Gentlewoods Drive. B. Seventy ninth Avenue is designated by the Comp. Plan as a minor collector street. C. Public transportation is available on SW Hall, only 1/4 mile away, also the land is close to all major transitways. In conclusion, by the information that is stated, we believe that this will be a positive step for the community of Tigard. Respectfully yours, Leonard Mielnik 1 October 3, 1988 U 0 C T 4 198 CITY OF TIGNRD PLANNING DEPT. Tigard Planning Commission City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 Re: File No.: CPA 88-04 & ZC 88-10 NPO 5 File Title: MIELNIK Applicant: Leonard & Lucie Mielnik TO THE MEMBERS OF THE TIGARD PLANNING COMMISSION: We are in receipt of the Notice of Public Hearing for the above referenced file. We are not protesting the changes requested, however, we are very concerned about the severe traffic problem in this area. In the three and one-half years that we have lived at this address, we have seen traffic increase to the point where it is nearly impossible at times to turn onto Durham Road from 79th and 76th. Also, the cars rarely slow down for the curve and the school zone, making it an extremely dangerous spot. 79th is so narrow at spots that it is terribly dangerous to use it with the increased traffic. Even with the new right turn lane on Durham Road at Hall, the problem will not be much better. There are many times that we encounter a solid line of cars in a dead stop from the railroad tracks near Boones Ferry, to Hall. The bottom line for us is this--if you have plans to correct the traffic problem in the very near future, we do not oppose these changes. In the event that there are no plans for this very dangerous situation, we do oppose any further increase in the density of building in this area. Thanl< you. Sincerely, ~Yy Mr. and Mrs. John i,. ilagy 7705 SW Bond Street Tigard, Oregon 97224 (503) 684-2619 r. now ~ _yc.:,c%~ S:.•Y• A,~r,,, S.. . F... ti ~ ~ rrYP, ^ J,..^ C 3 ea. a!, UONAil ; .6f Stdv i 3. Scd~o or t4allstm ivy V srd~ t low" a FYX{ l- ire ge 0 h Tigard Planning Commission ZC ~c`"try Tigard City Hall 13125 SW Hall Blvd Tigard, Or 97223 Planning Commission: We oppose the applicants request for zone change from R 4.5 to R 7 for the following reasons: O LIVABILITY O TRAFFIC O PROPERTY VALUES LIVABILITY We selected the area off of 79th between Durham Rd and Bonita Rd in Tigard for the uniqueness and livability of the area, hillside lots surrounded with trees. The 13.16 acres in question has many old growth fir trees, which enhance the total area. At the present R 4.5 zoning, many of these trees can be saved with planning. A change to R 7 would make it impossible to save these old growth fir trees. TRAFFIC 79th between Durham Rd. and Bonita Rd. is reaching capacity. Due to the narrow roadway and the lack of a shoulder makes 79th street unsafe for foot traffic, which gives great concern for the safety of the childern who must walk to and from school and bus stops. Gentlewoods Drive which is a residential Street in the true sense will become one of the main routes to and from the new subdivision. At R 4.5 zoning there would be aproximately 118 auto's added to the area, R 7 would increase this to 184 autos. PROPERTY VALUES A zoning change would not be consistent with the adjacent Gentlewoods subdivision. A zoning change to R 7 would not allow property values in the Gentlewoods subdivision to appreciate at the rate they would at the present R 4.5. SUMMARY We can understand why Leonard and Lucie Mielnik of SAN BRUNO, CALIFORNIA requested this change, it will enable 33 more houses to be constructed on the 13.16 acres. 92 houses rather then 59. This is not the San Francisco Peninsula where land is at a premium, this is Tigard, Oregon where we have plenty of land and have no need to change the zoning to R 7. For these reasons, we ask you to deny the proposed zoning change. t WE Tl. UNDERSIGNED ARE IN OPPOSI~--ON TO: File No. CPA 88-04 & zc 88-10 Zone Change R 4.5 to R 7 NAME ADDRESS -77/G' cfl~J Or 76y~S ~sc~ iii ?i' C7 Ceolkwood( ~r . T c~ v r /J v~ Sic t ~t G t " Sa 0 5 S~,cl ~ e ~ a 4 5 :5,1V T755- StJ qr~~~ OCT 31988 CITY OF TIGARD City of Tigard PLANNING DEPT. 13125 SW Hall Blvd PO Box 23397 Tigard Or 97223 Attn: Craig Hopkins This disagreement is in response to the request for File # CPA 88-04 & ZC 88-10; Title: Mielnik No No No we don't want Low Density changed to Medium Density! SW 79th is a dangerous narrow road with poor visiblit y on certain areas. More homes per lot in the area would aggreviate this problem even more. If the developer would make a main access from Hall Blvd into this area plus widen 79th especially over the dangerous hills then possibly more homes per lot would be adequate. But, Mr Mielnik from California does not want that expense, after all he would much rather squeeze more homes in the area for only one reason - More Money! Which is why most land developers form California are here. David & Jane Andersen L ~ 6 g S SGJ Cr~t`~/-2 woad' WN v~ y`ob' 5eptenbeti 30, 1988 r 9ZV.a.td Planning Commi s,4Zon ~hCOFORO j •te: 9.i to no. CpR 88-04 6 ZC88-10 9itte: Nzetn,ik beast 5,i eta: On the •terf"4-t to change .teaidentiat denar ty Jtom 4.5 to 7, we w.i,ah to p tt go&th aonce &eaaona againat, th.i,a change. 9i 44t ii the ryua-t t y of home J-Zie Zn. 94a td. R coapte o t tam Ltl needy enoKgh apace to ZZue and to achZeue p.tiuacy. ChZtd•ten need a place to play, a apace between honcea. ghen, a deuetopment o.t eo^,x mitt' aho"td of ge•t play apace to ita chi. daen and wat1eZng1bz0yct-l ng. apace goat adK•Lta and chZtdten. 79th 5tteet ,i.a a mi.,<t"e of fatnc-cocsrzt2y and town-teiZdenee a-teaa. She impatat of heavy taa~ jZc on 794h, o-Lth .eta nattow 2-.Lane .toad aeemd dang"oKa. We e,<pe4,ienee thi.4 dange•t as we watt the.te atmodt daitq. Cato &,ta ente.t 13on.i,ta. of DK2haa, both of wh.,ch a-te at-teady etowded d"i,ng ,t"h ho ".s. `Zny totes and tower of t.c ttte honcea de?eater p-tZde i-n- the comagn.i ty. go pKt .inade~.,crta taicd pest ho"e nezt doo~t to e~v~tin~. weft-apaced hosed, tender to deva.LKe oK-t honcea ' wo-tth. 7heteto,te, we bet--cue it woald be -iraduzlobl.e to -inc-teaae 12o,;t g-a, S to R-7. ~T,,iceze..Ly yocrcn.~ta, ~l \ 1 Y If l TIGARD PLANNING COMMISSION REGULAR MEETING - OCTOBER 4, 1988 1. Vice President Fyre called the meeting to order at 7:45 PM. The meeting was held at the Tigard Civic Center - TOWN HALL CONFERENCE ROOM - 13125 SW Hall Blvd., Tigard, Oregon. 2. ROLL CALL: Present: Vice President Fyre; Commissioners Barber, Rosborough, Peterson, Castile, Newton (arrived 7:50 PM), Moen (arrived 8:40 PM), and Leverett (arrived 8:50). Staff: Senior Planner Keith Liden, and Secretary Diane Jelderks. 3. APPROVAL OF MINUTES Commissioner Peterson moved and Commissioner Barber seconded to approve minutes from September 20, 1988, as submitted. Motion carried by majority _ of Commissioners present. Commissioner Rosborough abstained. 4. PLANNING COMMISSION COMMUNICATION There was no communication. 5. PUBLIC HEARINGS 5.1 COMPREHENSIVE PLAN AMENDMENT CPA 88-03 ZONE CHANGE ZC 88-09 TIGARD SCHOOL DISTRICT 23J NPO # 6 For a Plan amendment from Institutional to Medium Density Residential and a zone amendment from R-4.5 (Residential, 4.5 units/acre) to R-12 (Residential, 12 units/acre) for approximately 4 acres. Location: Between Tigard High School and Cook Park, east of 92nd Avenue (WCTM 2S1 14A, tax lot 100). COMMISSIONER NEWTON ARRIVED Senior Planner Liden reviewed the proposal and made staff's recommendation for approval. APPLICANT'S PRESENTATION o Larry Hibbard, Assistant Superintendent, Tigard School District, 13127 SW Pacific Highway explained that the request was being made because the School District has a buyer for the property contingent upon the rezoning of the property. PUBLIC TESTIMONY o No one appeared to speak. PUBLIC HEARING CLOSED PLANNING COMMISSION MINUTES - OCTOBER 4, 1988 - PAGE 1 o Consensus of the Commission was for approval. Commissioner Barber moved and Commissioner Peterson seconded to forward CPA 88-03 and ZC 88-09 to City Council with a recommendation for approval. Motion carried unanimously by Commissioners present. 5.2 COMPREHENSIVE PLAN AMENDMENT CPA 88-04 ZONE CHANGE ZC 88-10 MIELNIK NPO # 5 Request for a Compr ehensive Plan Amendment from Low Density Residential to Medium Density Residential and Zone Change from R-4.5 to R-7 for a 13.16 acres. Location: 15390 & 15420 SW 79th Ave., 15685 & 15735 SW 76th Ave.; 2S1 12CA, lots 700, 3500, 3600, 2S1 12CD 200 and 300 (no address) Senior Planner Liden reviewed the proposal and the history of the site. Staff recommended approval. Letters were submitted from Mr. & Mrs. John L. Hagy noting concerns; from Barbara Strickland and Mr. & Mrs. David Andersen requesting denial. Discussion followed regarding criteria, policies, and Durham School. APPLICANT'S PRESENTATION o Andy Kady, 797 (7) SW Churchill, applicant's son-in-law, explained that the Mielnik anticipated that the majority of the lots would be 7500 square feet, but they needed the R-7 zoning to allow them flexibility because of the topography of the area. Discussion followed regarding minimum lot size, average lot sizes, and property owners involved. o Bill McMonalge, Harr i s-McMonag le, 12555 SW Hall Blvd., Engineer for the proposal reviewed the history (Partridge Hills Subdivision approval) and the need for the flexibility with the zone change. He explained that the problem with 79th is a pre-existing problem. Discussion followed regarding the density and lot sizes. PUBLIC TESTIMONY o Wendi Hawley, 14790 SW 79th, Tigard, 97224, explained that there are serious traffic problems in the area. She distributed a map and pictures of SW 79th showing problem of sight clearance. She stated she was not necessarily opposed only concerned with traffic safety issues. o Commissioner Castile stated that he works with Wendi and had informed her of the request as she is not a property owner within 250 feet. o Jan Limpo, 15270 SW 79th opposed the change. He stated he had not received a notice and is an adjoining property owner. He was concerned for safety issues on 79th. He suggested that stop signs be installed along 79th to discourage people from using 79th to avoid the Durham Rd. Hall Blvd. intersection. He had seen the previously approved subdivision and felt it was appropriate for the site. o Harry Sapporta, 15270 SW 79th read a letter of opposition into the record and submitted it with 37 signatures. REBUTTAL PLANNING COMMISSION MINUTES - OCTOBER 4, 1988 - PAGE 2 o Bill McMonagle explained that the lots abutting the Gentlewood Subdivision would probably be 7500 square feet because of the topography of the land. lie stated they would be willing to sign a non-remonstrance for the improvements to SW 79th Avenue, other than that the only way to make improvements would be through a LID or a general obligation bond through the City. PUBLIC HEARING CLOSED o Discussion followed regarding stop signs and options available for changing the zoning, ie planned developed. o Majority of Commissioners were opposed to the change. Commissioner Rosborough favored the zone change. * Commissioner Peterson moved and Commissioner Newton seconded to forward CPA 88-04 and ZC 88-10 to City Council with a recommendation for d4nial. Motion carried' by majority of Commissioners present. Commissioner Rosborough voting no. RECESS 8:50 PM RECONVENE 9:05 PM COMMISSIONER PETERSON LEFT 8:50 PM COMMISSIONERS MOEN AND LEVERETT JOINED THE PROCEEDINGS 9:05 PM 5.3 COMPREHENSIVE PLAN AMENDMENT CPA 88-05 ZONE CHANGE ZC 88-11 MORSE BROTHERS INC. NPO # 5 Review Planning Commission's recommendation for a Comprehensive Plan Amendment from Light Industrial to Heavy Industrial and a Zone Change from I-L (Light Industrial) to I-H (Heavy Industrial) for 4.83 acres bounded on the west by Burlington Northern railroad tracts and on the east by the Southern Pacific tracks and located approximately 1,000 feet south of Bonita Road. (WCTM 2S1 12AC, lot 1000, 1100, 1400, and 1500). o Senior Planner Liden explained that there were two separate proposal involved, one for a Comprehensive Plan Amendment and Zone Change and the another for a Site Development Review. The Commission is reviewing only the Comprehensive Plan Amendment and Zone Change and the Site Development Review would follow if the Zone Change is granted. He reviewed the process and procedures for both types of application requests. He made staff's recommendation for approval. He reviewed a letter that was distributed to the Commissioners from Kruse Meadows Limited Partnership. Discussion followed regarding the process for Site Development Review and the criteria for changing the Comprehensive Plan. APPLICANT'S PRESENTATION o Paul Hribernick, Attorney, 1200 The Bank of California Tower, Portland, 97205, stated that they meet all three of the criteria. lie explained that they have a number of people who would be participating in their presentation. lie reviewed who would be speaking and what- issues they would be addressing. PLANNING COMMISSION MINUTES - OCTOBER 4, 1989 - PAGE 3 OPPONENTS o Steve Pfeiffer, 900 SW 5th, Portland, 97204, attorney representing Pacific Realty Associates submitted a letter in opposition and reviewed concerns addressed in the letter. o Harry Sapporta, 7745 SW Gentlewood Drive, reviewed and submitted a letter of opposition signed by 42 residents into the record. o Jan Limpo, 15270 SW 79th, opposed the change. He explained that his neighborhood looks across to the area being proposed for this change. He was concerned about truck noises and fumes. o Richard Buono, 111 SW 5th, Portland, 97204, representing Pacific Realty Associates opposed the request. He submitted a copy of his remarks. o Leon Hartvickson, 111 SW 5th, Portland, 97204, representing Pacific Realty opposed the requested zone change He presented slides of the area showing projects developed by Pacific Realty. He stated that their develops are 95 percent occupied. He expressed concerns regarding the traffic patterns... o Rich Basham, 5285 SW Meadow Rd. # 131, Lake Oswego, 97045, representing Spieker Partners, reviewed the sites they have developed. He stated they are also 95% occupied and he supported the previous testimony in opposition. o Steve Myers, 16075 SW Upper Boones Ferry Rd., on behalf of Northwest Landscape Industries, opposed the request. Their concern was for the aesthetics value and consequences that would result with the change. He supported the previous testimony that there was not a mistake made and that the request did not meet the criteria. o Jeff Sackett, The Koll Company, 8205 SW Creekside Place, Beaverton, 97005, requested that the Planning Commission recommend denial to the City Council because the wide variety of heavy industrial uses which would be permitted outright with the zone change would be incompatible to the area. He submitted a letter in opposition. o Tom Wolterink, The Koll Company, stated he had reviewed the Morse Brothers proposal and saw numerous problems. He felt their landscaping would be insignificant and the use incompatible. REBUTTAL {E 1 o Frank Morse stated that the train would stop traffic less time than a stop light. He challenged that with screening and buffering that their use would be incompatible. He felt their trucks would riot be any worse than trucks from manufacturing plants. o Robert Price, David Evans & Associates, stated that their use will be compatible since this will be an enclosed operation. That this proposal is similar to one approved east of Cornelius Pass Road and they have had no problems. PLANNING COMMISSION MINUTES - OCTOBER 4, 1988 - PAGE 5 o Paul Hribernick stated that this will be an enclosed facility and with the advance technology it would make this use compatible; that light industrial uses would also have negative impacts; that Bonita Road between 74th and 72nd would be vacated to allow truck traffic; that they have addressed all the criteria. fie asked that the Planning Commission forward a favorable recommendation to City Council based upon the findings submitted by the applicant. PUBLIC HEARING CLOSED o Discussion followed regarding the property being developed only as = proposed if the zone change is approved, applying a PD overlay, and possibility of changing the Code to allow this type of use as a conditional use in the light industrial zone. o Consensus of Commission was for denial. x Commissioner Moen moved and Commissioner Rosborough seconded to forward CPA 88-05 and ZC 88-11 to City Council with a recommendation for denial based on the :findings that they did not meet the following criteria: 1).- ! The change is consistent with applicable plan policies; 2) A change in physical circumstances has occurred since the original designation; or 3) ` 'A mistake was made in the original land use designation. Also, based on volume II, page 1, of the Comprehensive Plan: 1. Prohibiting development which would cause a diminution in the existing quality of life for the residents of Tigard; and 7. Reducing the uncertainty.of the development process. Motion passed unanimously by Commissioners present. 6. OTHER BUSINESS o There was no other Business 7. ADJOURNMENT 12:25 AM i Diane M. Jelderks S cretary f i ATTEST: F Milt Fyre, Vice President dj/7396D PLANNING COMMISSION MINUTES - OCTOBER 4, 1988 - PAGE 6 • . . • i I _ , .mss........ _ • . ...n _ .f. , . - - 4 _te r~a~~U ilr~~yi ire iptalt ~~T~qi t)~ f~1 !9~~f~1"tl~jttntµjeS~ ~tl(ri?~tl~~j~1~~aE'll~ l~~+iN~Nj~li~rir~~r rit0al~fr~i~~~(~ rN~~t3~~~p~s~tti~r~~~r~e~~~ru I ~ ~ ~ 1 } t "'1 - ~ I ~ 7 ~ F _ tr ~ I ~ ~ NDIE: 2 3 4 S B.. 7. B 9 0 II ..-_.._-12 IF THLS nIC~FIIFEP _ _ . - 4 ' DRAV9IPG IS LESS CLEAR 7nAN ~I ~ 74S !~TICr', II IS PlE TO i THE QUp.RY Of TFE ~tIG1nA ~ i os sz ez cz sz sz oz ez zz la oz si a~ ci si sr -e~ -"ii ~ ii of a ~ __5._ ~ _ E _z _ - - _ - _ '~xi~tiuh~n0unhuiOuaA.. 1 ~ . a 4 I ~ r , " . I ~ ~ -~•.,z~-:.a ! ~+~,..~-.,..mm,..-.-- . 'k, Ivy. _ ~ i~ ~-c yi5. S f { i t 3 r. I I ~~i. I 10 h= 1! N U n 7 S 7 IY 7 N V 7 ~ ti , ~i i_ a I~ ~ , _ _ .y,.~.o .p,e f 1 I. q , `r i ; - - _ ~ i ~ ~ ~ I l ~ ~ ~ I ! ! , _ , r. ~ _ - - lf. ~ 1 ~ ~,n~.. _ H r \ la 1 ; i i , w . ; i _ ~ z , 4,,,. , n. ~ ~ ~ ~ ~ ~ ~ ~ r'' ~ ~n I ~ ~ m ~....W.~ 3nF~tir . ne - ,.i .~a:> ~ i ,sn:~~ ~„Yic ,.,±„a~, ~:''~.'.3 Ee U` C } % I e h~bl1 a~~._ ~ y^«q~ i l _ o = - i iiilll 1 _ ,1 -T ~ ~ ~ 1 1 ~ ~ i , ~ 1 I _ _ ~i ~ - ~ ~ i I 1 \ ~ h I ^yta 1'' I,. ~ I ~ ~J „ , ~t. L 1 ~ i I ~ - ~ _ ~ .I ~ ~ r~4' \ ~ 1 ~ ~ ~1 ~ 7"W ;~YPj I d' f ~ I i IP G__ ~I f 1 , ~ ~ ,I~I,. ~ _ ~ t.1 ! F ) r L I aw yew rFu`v,4,wie ~ h,_i\ ~ { 1 , I ~ ~ .~.~..m ~ . ..v 1~ a 4 f tV 4I F5 L t I 1 I JN CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 14, 1988 DATE SUBMITTED: October 28, 1988 ISSUE/AGENDA TITLE: Shurgard Appeal PREVIOUS ACTION: Public hearing with of CU 88-04 . Planning Commission on 9/20/88 M Civil Infrac n Case 88-115-Z PREPARED BY: Deborah A. Stuart DEPT HEAD CITY ADMIN OK REQUESTED BY: INFORMATION SUMMARY A request for a Conditional Use approval to construct a 90,000 square foot mini-storage facility and to vary the required number of parking spaces from 93 to 4 was reviewed by the Planning Commission in December 1985, and was approved subject to the fulfillment of 15 conditions (CU 5-85/PD 4-85/V 18-85). This facility was subsequently completed and occupied. A warning letter and a notice of infraction (Case 4488-115-Z) were sent by staff on June 28, 1988, indicating the need to apply for a Conditional Use permit based on the fact that trucks were being rented from the property. Permanent removal of the trucks was required by July 6, if no conditional use request had been filed by that time. This request was submitted on July 28, 1988, and to date the trucks are still on the property. The applicant wishes the Council to consider an appeal of the Planning Commission's denial of a Conditional Use application to allow storage and rental of trucks as ancillary to the established use of the site for mini-storage warehouses. The property is zoned C-G (PD) (Commercial General, Planned Development). Staff recommends that should the Planning Commission denial be upheld, that removal of the trucks be completed within 10 days of this Council Decision. Attached are a vicinity map, site plan, applicant's statement, the minutes, and transcripts, the staff report and the Commission's Final Order to the Planning Commission meeting of September 20, 1988. ===s=====__=====xac==-----~•----.,.----a==----x---- -a=a=.=a---a-=aa---•----m=== ALTERNATIVES CONSIDERED 1. Uphold the Planning Commission denial of CU 88-04. 2. Modify the applicant's request with respect to the number of trucks and approve CU 88-04 with conditions. ====x======o=cacx==a=x==3=9=~===_==.==xa===x3========x====a====."333==ax=a==max= FISCAL IMPACT None ===axn=a=a==.=x=qac==x=.=xxa==az====a===axsatacsscc====nx==aaxmaa=z=x=aa=a.=3mca== SUGGESTED ACTION 1. Uphold the Planning Commission's denial of CU 88-04 and direct staff to prepare a Final Order. br/7782D / SW 1/4 SE 1/4 SECTION 10 TZS R 1 W W.M. 2 ..J" WASHINGTON COUNTY OREGON ;r 1 A0}'Llt} l " SCALE I'• 100' see MA► / Q zs 1 IOCA 3 / . / ( SLL 4A• Z zs 1 loo ' we _ 0 r •r corm uaR:c 12 / 200 I 3 l jI / 1 I f: SLL 23 / gym. 23-74 ec. • zS NA t: SUNfA1. 00 E.. YAp NO A► 1 ~~i 1 lP1C t • r + 1 k. • ~ • w~7M•• is ( 400 600 700 Art a I ~ \t~,\ 19 \ 1 [ f, r ' i'ca f14•YI iOO ,o F.. / „ i J~ I sr ~ ' r EE k5 to, -W w N fee N. DURHAM ROAD-& _ SEC. MAP "GA SEE. s1 MA ZS• ti.. Slte L.®n 13 -LAND IN, Cl% ,q~'prlartG 0 • C O rri ~'.y ' q)q'x~S`F'~'"xC,r-- ~ p . I' ~ 'tip ly. • j ~ 1 • f SH L GARDy SELF STORAGE KING CITY OFFICE: 15700 S.W. PACIFIC HIGHWAY / TIGARD, OR 97224 / (503) 684-5564 Mr. Jerry Offer Assistant'Planner Community Development 13125 S.W. Hall 'Blvd. Tigard, Oregon 97223 Dear Sir: The following is a short narrative to help clear up some concerns: 1. The same office will be used for Shurgard self Storage and Ryder Truck Rentals. 2. Shurgard will have the parking area for the trucks marked off in stripes/graphics. 3. Shurgard will not have any more than 6/8 trucks. 4. The above plan would always have 20' clearances around the buildings for fire department access. Sincerely, Darrell L. Austin, Jr. Senior Manager 5HlJte;AR®THE SAFE ONE LAND USE DECISION APPE.- FILING FORM The City of Tigard supports the citizen's right to participate in local government. Tigard's Land Use C~ Code therefore sets out specific requirements for ~~~a~ filing appeals on certain land use decisions. ®Q9-r.-ON The following form has been developed to assist you in filing an appeal of a land use decision in proper form. To determine what filing fees will be required or to answer any questions you have regarding the appeal process, please contact the Planning Division or the City Recorder at 639-4171. 1. APPLICATION BEING APPEALED: CU 88-09 PD 88-04 2. HOW DO YOU QUALIFY AS A PARTY: Shurgard Income Properties Ten 3. SPECIFIC GROUNDS FOR APPEAL OR REVIEW:_ The opposing Commissioner's did not take into view that the site has a special paved Fire access gate on the corner of the property to allow fire trucks to enter. Therfore the fire trucks can drive straight in and don't have to worry about turning. 4. SCHEDULED DATE DECISION IS TO BE FINAL: October 7, 1988 5. DATE NOTICE OF FINAL DECISION WAS GIVEN: September 26, 1988 6. SIGNATURE(S): -f L4 ".''x"x""x''x'x"x'x'x"'x'x•('x"(''"x"("'x'x'xX'.x"x.' FOR OFFICE USE ONLY: Received By: C ~~1PCl¢1 `Date: D IR Time: O-M . Approved As To Form By: C• LU -t Date: /01S Frk Time: !%3 G.rv~• Denied As To Form By: Date: Time: *~E Eat x x x ~t x x"x x x x ~c x ~c ~c x ~t x x x x ~caEx ~t x ~E~eae aE x x x"*.x-x x x x'x*x*xae ~t x ***-X-N-X-*.X-H* c.H*.x'x-'x'x'x K lw/4846A 31 j . vv -1-02-ee'( ✓LFCe iv ed l } ars CA, I llQC~ flw) t!. 5,. 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171 Rc TRANSCRIPT CU 88-09 and PD 88-04 SHURGARD INCOME PROPERTIES TEN SEPTEMBER 20, 1988 - 7:30 PM PRESIDENT MOEN, First is item 5.1. Could we have the staff report please? SENIOR PLANNER LIDEN, This is a request for a Conditional Use approval to establish a truck rental business on a piece of property that is currently being used for mini-storage. It is called Shurgard Mini Storage, and is just a little bit north of the Willowbrook Center on Pacific Highway. This application is here, [because] the truck rental business was established without a Conditional Use approval. A Code violation was issued to the 1 applicant and as a result they have applied for Conditional Use approval. Some of the Commission members may recall that in 1985 there was Conditional Use approval granted for the site to establish the mini storage; that has been E developed completely. The applicant is proposing to rent several moving type of trucks - do it yourself, I think that they are Ryder, isn't that right? Yes, Ryder trucks, and they are proposed to be parked near the front of the development in the existing driveways and paved areas. The Fire District and the staff share concern about the resulting width of the driveways after the trucks, or while the trucks are being parked there, for emergency access and } so forth. With the trucks parked in the location proposed, ai number- of the driveway areas would be reduced in width to less than the City Code. In [ addition, there are enough parking spaces to serve the mini storage use but no additional space is proposed for the truck rental business. I don't t. k; anticipate that, I don't have the Code requirement at the tip of my tongue, but I don't anticipate that this use would require very many additional spaces, but probably a couple anyway. It just appears to us that there really aren't very many options available if we're going to be looking at taking the site as is and then trying to accommodate truck rentals on the property as well. As a result the staff is recommending denial of the application. r 1 1 MOEN, Okay. Thank you. I guess we could go on to... i } TRANSCRIPT SHURGARD INCOME PROPERTIES TEN CU 88-09/PD 88-04 PAGE 2 LIDEN, I guess one other thing I would like to recommend, if the Commission does decide to deny the application, we don't have a recommendation here, but, I think it would be appropriate to come up with some sort of a time limit for when the trucks need to be removed from the site. MOEN, Okay. Thank you. Could we have the applicant's presentation please? Okay, my name is MARK and I work at the mini storage at King City. MOEN, Could you give your last name and your address for the record please. MARK BLIZZARD, 15700 SW Pacific Hwy., in Tigard. When I came there we got a notice saying that we had to get the conditional permit. I went and spoke with Jerry Offer. He said that I could park my trucks along the front aisle, because where I was parking them was in between the aisle and it wasn't enough room for [if there] was a fire, it wasn't twenty feet, he told me. So we measured and I laid out where they are going to be in the front, where there is plenty of room, where it wouldn't be a fire hazard. They are just Ryder trucks, they are riot big tractor trailers, it is a good service for my customers, and I just feel that it is riot really... it is a service to the community at King City. I don't feel that it is a problem in any way. My name is DARRELL AUSTIN, I'm the Senior Manager for Shurgard, in the State of Oregon and southern Washington. My address is 3579 SE 77th, Portland, Oregon. We met with Jerry several times over the application and I don't know if any of you people are familiar with the property but the property itself has a large front onto it in which the buildings..., it's kind of like we are i TRANSCRIPT SHURGARD INCOME PROPERTIES TEN CU 66-09/PD 68-04 PAGE 3 stationed here, you are sitting back there and the fence is all, - is actually bark behind me. It's not like we are parking the trucks right up against the driveways. When we filed the report with Jerry [Offer] we had a specific map that showed the details of the trucks which allowed plenty of radius for turning. We are in the process of..., we had RVs on there..., we're in the process.. we've notified the people that they have to take their RVs off the property by the end of this month so we have the twenty foot access for the fire trucks in the back. Right now, with the way we have proposed it, with the trucks only parked up front on the map that we have submitted, it allows the twenty foot minimum access for the Fire Department. I don't know if you gentlemen have a copy of that map or not. MOEN, Is this the map that you are referring to? AUSTIN, Yes that is the map. MOEN, Okay, they included it with our packet. AUSTIN, Okay. And we have tried working with them and everything in order to make this work. The trucks are, we feel, a good..., a good service and would benefit the people of King City and 'Tigard, but at the same time, also permits the twenty foot clearance for the fire trucks go through. When you park them in the pattern that is so designated and we offered to stripe and mark. MOEN, Okay. Thank you. AUSTIN, Thank you. MOEN, I would ask that you might give, how do you spell your last name for the record. I'm sorry. It is Darrell Austin, A U S T I N. ' c f E t TRANSCRIPT SNURGARD INCOME PROPERTIES TEN CU 88-09/PD 88-04 PAGE 4 MOEN, Okay, just help our secretary out here a little. Okay. There is no one else signed up to speak at the public hearing portion of the meeting so I guess I would ask Commissioners if you have arty questions of staff or the applicant. Commissioner Owens. OWENS, I have a question of staff. What was the staff basing the lack of 20 foot access on, if what the applicant states tonight is true. Did you follow that? I mean, in other words, if he can park his trucks where he ...(pause).. if he is able to park his trucks the way he's showing on this and have... , I want to know why there is a discrepancy between what staff has said and what they are saying. Were the trucks parked someplace different when the staff measured the widths or... LIDEN, Deborah Stuart wrote the report and I know that she did go out in the field to check and she took a tape measure with her to see what was going on and as far as I know, that is my understanding. MOEN, Can I make a comment on that? The stipulation from the Fire Department ( is... OWENS, That was my other question. MOEN, ...is, if I understand this right, that they need a twenty foot minimum width, but a 45 foot outside radius. LIDEN, That is the other problem, yes. OWENS, Yes, what do they, well that is, okay I've got two questions about why the Fire Department looked at it and they don't feel that they have twenty foot width, but... MOEN, Well, TRANSCRIPT SNURGARD INCOME PROPERTIES TEN CU 88-09/PD 88-04 PAGE 5 OWENS, Wait a minute please, and the applicant is saying that they do if they park the vans up front, then. What was the Fire Department looking at? Where were the trucks parked when the Fire Department came? Arid outside 40, outside where? LIDEN, I don't know where the trucks were when the Fire District went out to take a look. OWENS, Arid do you know outside [of] where for the 40 radius? LIDEN, I am sure that the concern is any of the corners that need to be negotiated around any of the buildings, but if you marrow the driveway widths in the front, then the turning radius is reduced to get around the buildings. So you might be able to go in a straight line right in front of the buildings, but trying to turn into any of the aisles to go east would be a problem. OWENS, Okay. SECRETARY, I might add that the Fire Department was sent a copy of the map - the plan submitted by the applicant, so that is what they where reviewing. The same plan that you have before you. OWENS, Okay. Where did you get that figure? MOEN, Well, the 45 feet is part of the record. Its a 45 foot outside radius and to me... OWENS, Now wait a minute, is that 45 with the truck here or with the truck gone. MOEN, Well, scaling off- this map, this is about 45 feet right there, and I question whether the development as built, will give you 45 feet, much less parking trucks there. Commissioner Peterson do you... i F { 3 E TRANSCRIPT SHURGARD INCOME PROPERTIES TEN CU 88--09/PD 88.04 PAGE 6 PETERSON, Commissioner, Barber, has a question. MOEN, Commissioner Barber? BARBER, I, it wasn't really a question except that I want to be sure that what I'm going to say is proper. I did talk to Deborah [Stuart] this afternoon because I wasn't sure about why there wasn't a minimum 24 foot wide access drive, and I asked her if the access drives included not only the access from a public highway, but also the drives on the site itself, and she said yes. She said that when she measured the distance between the front of the property to the edge of the building that it is approximately 30 to 35 feet, and when you subtract from that the width of the truck that it leaves less than the 24 foot width, which is required under one part of this Code, 18.108.080. MOEN, Okay. LIDEN, That is correct. I guess we have two standards that are being thrown around. One is the Code standard for two way driveways, which is 24 feet, and then the Fire District has a minimum that they typically use of 20 feet for the purpose of fire access - emergency access. MOEN, Okay. Any further questions) PETERSON, Keith, the City's only objection is the fire clearance problem, is that correct? LIDEN, Yes. I think that we really see the clearance for the vehicles and so forth as being the main problem. That this was designed apparently, you know, at least when we reviewed this before there was nothing mentioned about possibly renting trucks or storage of RU or any of that type of thing outside. That everything was going to be stored inside and there was no provision made for parking vehicles. TRANSCRIPT SHURGARD INCOME PROPERTIES TEN CU 88-09/PD 88-04 PAGE 7 MOEN, Let me ask one other question, if I might. Given, let us say that there wasn't a problem with the fire portion of it, would staff have a problem? It looks to me like wee changed the number- of required parking places from 93 to 4 for a normal building versus this mini storage. Now if there was ample room for parking the trucks and you are going to have a truck rental there, would you still be satisfied with four parking places to handle traffic coming in to rent- the trucks? I guess that... LIDEN, I would have to look at the standard for that. MOEN, Because we, I think there was a variance granted to allow for the Four- par-king spaces, if I read the... LIDEN, There was. FYRE, Is this facility a Conditional Use? Straight out? LIDEN, Yes. MOEN, The facility is, number one, and then renting... FYRE, Then in addition to that the variance for the parking lot was also granted. MOEN, Yes. BARBER, She said that if it is going to be approved that she would recommend four additional spaces be created. MOEN, Oh, okay, the staff has already recommended in the report that four s; additional spaces [be constructed], if we approve it. LIDEN, That is in the report? G r. u iF TRANSCRIPT SHURGARD INCOME PROPERTIES TEN CU 88-09/PD 88-04 PAGE 8 MOEN, That is in the report. LIDEN, I was just going to say... MOEN, Commissioner Barber found it for me. LIDEN, Okay, good. Yes -the standard is one space for 1000 square feet of gross floor area, and that is assuming that you would have some sort of a building, but not less than four spaces for each establishment, so we would just rely on, I think, in this case, the minimum - if that happens. MOEN, Okay. Very good, any further questions? I am going to close the public hearing and ask the Commissioners for their comments. Commissioner Leverett? LEVERETf, Well it looks to me like we are only talking about the 24 feet, [which] I don't think is a real factor. I guess the 20 feet is the... I'm inclined to approve it if they can meet the fire code. MOEN, Okay. Commissioner Fyre? FYRE, Two concerns. One is this was a Conditional Use in the first place, which raises a question: If the time the first request was made, if truck rental was in addition to the mini storage, would Planning Commission have approved it at that time. We are kind of encroaching on the original decision, that is one concern. The other concern I have is the Fire Department is recommending against this, and so is staff. I would be hard pressed to support. MOEN, Thank you. Commissioner Barber? BARBER, My feelings are the same. There was no permit requested for starting this second business, and then of course the fact that the Washington County Fire Department has somewhat recommended against it, and because it doesn't meet the Code for the 24 foot access. So I would recommend denial. TRANSCRIPT SNURGARD INCOME PROPERTIES TEN CU 88-09/PD 88-04 PAGE 9 MOEN, Okay. Commissioner Peterson. PETERSON, Well I, of course, have the same problems; if the Fire Department is against it then we would have to be against it, but I'm sure that is going to be the consensus here, I was thinking perhaps that this... I would probably be in favor of it if the four parking places could be granted and they could get an okay from the Fire Department. So I'm thinking perhaps this thing should be tabled for a month, or so, to see if it can be worked out. If it can't I don't think that there is any doubt about- the feeling of the Commission. MOEN, Okay. I guess, I kind of concur-. My thoughts, I kind of concur, with what has already been said. I would make the comment that, I think that they can meet, and I understand from that; I would concur with the applicant that he can meet the 20 foot minimum width requirement, but I don't see any way that he can meet - just looking at the scale of this map, that he can meet the 45 foot turning radius. I question whether, where the fence is now, meets the 45 foot turning radius. You know, the way it is around the corners of the building. To me that proves, I really have a problem in that we granted this with a very minimum of parking places. If you are going to have the truck rental, to my mind it is sort of a retail business, which will generate some traffic. And you have to find places on that small triangle of property to the north to both park trucks and to have additional parking spaces and I really don't see that it is in the cards. Even if you jocky all the fences around and everything else, I don't think it will fit. Commissioner Owens. OWENS, Well, I think that I don't have anything different to say from what the other Commissioners have said. I agree that I don't think that I can approve this as it is. MOEN, Commissioner Castile. C TRANSCRIPT SHURGARD INCOME PROPERTIES TEN CU 88-09/PD 88-04 PAGE 10 CASTILE, Even if there was a enough room I still have problem with having these vans parked out there broadside across the - on Pacific. Highway, and taking up so much space and in a truck parking area and then along with everything else that has been said I wouldn't be in favor of it. MOEN, Okay. Commissioner Fyre would you like to make a motion? No. Well, I have another, quick question of staff-. Keith, we have a number, of mini storage facilities around, I don't know if they are Conditional Use or not, could any of those start up a truck rental if they so chose or would they have to come in for a variance? LIDEN, If they wanted to start one now they would all have to come for a Conditional Use at least if they are in the commercial general zone. I believe in the industrial -none it is allowed, then it would be a site development review, but in the case of any of the commercial zones C-G. FYRE, Okay. LEVERED'(', How about U-Haul up on Pacific Highway? LIDEN, U-Haul has been established, was established when it was in Washington County. FYRE, That is a nun.-conforming use, a pre-existing use. MOEN, It is grandfathered in. LIDEN, Yes, it is a pre-existing use. LEVERETT, But they park big RVs in front of their, establishment. LIDEN, Yes I know. MOEN, Commissioner Fyr•e, would you like to make a motion? TRANSCRIPT SHURGARD INCOME PROPERTIES TEN CU 88-09/PD 88-04 PAGE 11 FYRE Let us discuss it for just a second. If what Mr. Peterson said is tenable, we could table it. Maybe that would be to the applicant's advantage, maybe not, I don't know. Is there any discussion about that? PETERSON, Well, I would say if it is tabled, I think the applicant is still going to have to come back and present a case for parking the trucks there, and this is a Conditional Use permit to start out. I think there is, you know there is a question there, but... MOEN, I would suggest that maybe we go ahead and throw this out, that maybe we start for a motion for denial, since that seems to be the consensus of the Commission. I would caution though that the Commission members if they wish to entertain, I guess the questions that they have to ask themselves, if the motion fails and Commissioner Peterson wishes to make another one. I guess they really have to ask themselves, I think it is in the applicant's best interest if the consensus of the Commission is looking at that site, and this is my feeling anyway, that I don't think that it is going to be a practical way to fit that on that site. We can make a decision now and get it over with, if you think there is. Then maybe, I guess whoever wants to make a motion first can go for it. FYRE, I'll move for denial. MOEN, Based on the staff- findings? FYRE, Conclusions, etc. OWENS, I'll second. MOEN, Okay, second. Further discussion... All those in favor of the motion made and seconded signify by saying aye. COMMISSIONERS Moen, Owens, Fyre, Castile, and Barber, Aye. TRANSCRIPT SHURGARD INCOME PROPERTIES TEN CU 88-09/PD 88-04 PAGE 12 MOEN, Opposed. PETERSON AND LEVERE1 , Aye. MOEN, Okay, that is two against, five to two. SECRETARY, How about the condition that staff had recommended for a time frame to have the trucks removed. FYRE, I would like to comment about that. I, for some reason I don't [feel] that is a Planning Commission's call. Keith, why are you asking us to set son►ething, that to me, seems like a enforcement issue? LIDEN, Well, we can deal with it with enforcement, I just, clarification of informing the applicant now. MOEN, Well, I think that could be. I think it would be best handled by staff, I think it should be some reasonable time. I would say that, to the applicant that, at least in my feeling, it is not that we are against having a rental truck in the neighborhood, and that is a service. We just really have a problem with this particular site and putting them on there. My personal feeling anyway. So the motion is passed and that is it for that item. 7453D TRANSCRIPT SHURGARD INCOME PROPERTIES TEN CU 88-09/PD 88•-04 PAGE 13 11110 f \ TIGARD PLANNING COMMISSION ` REGULAR MEETING - SEPTEMBER 20, 1988 1. President Moen called the meeting to order at 7:40 PM. The meeting was held at the Tigard Civic Center - TOWN HALL CONFERENCE ROOM - 13125 SW Hall Blvd., Tigard, Oregon. 2. ROLL CALL: Present: President Moen; Commissioners Owens, Barber, Fyre, Rosborough, Peterson, Castile, and Leverett. Absent: Commissioner Newton. Staff: Senior Planner Keith Liden, and Secretary Diane Jelderks. 3. APPROVAL OF MINUTES Commissioner Barber moved and Commissioner Castile seconded to approve minutes from *September 6, 1988, as submitted. Motion* carried' by majority of Commissioners present. Commissioners Owens, Fyre, and Leverett abstained. 4. PLANNING COMMISSION COMMUNICATION , President Moen stated he had the final order and the transcript from the hearing for SDR 88-17, PD 88-04, and V 88-27. Discussion followed regarding conditions of approval. Consensus was that the final order needed to include their request for the. fence to be at the option of { adjoining property owners and the language needed to be explicit about protecting abutting property owners' trees. COMMISSIONER ROSBOROUGH EXCUSED TO LEAVE 7:50 PM 5. PUBLIC HEARINGS Z4~':`#. j I ` DELI I'Oi~MENT .'PD 88-0$ URGI~R~ (~4P'lE : PROP TE fl~t - PO`_W5. '2. e Fe st for Conditional Use approval to allow storage and rental of trucks as ancillary to the established use of the site for mini-storage warehouses. Zone: C-G (PD) (Commercial General, Planned Development-). Location: 15700 SW Pacific Highway (WCTM 2S1 lODC lot 300). Senior Planner Liden reviewed the history of the site and concerns regarding pavement widths. He made staff's recommendation for denial suggesting that a time frame be given to have the trunks removed from the site. APPLICANT'S PRESENTATION o Mark Blizzard, Manager, 15700 SW Pacific Highway, explained that they had measured the area and had moved the trucks so they would have a minimum pavement width of 20 feet. He stated that the truck rental is a benefit to their customers. PLANNING COMMISSION MINUTES SEPTEMBER 20, 1988 - PAGE 1 o Darrell Austin, SeJ Manager Shurgard, 3579 SE 77'x.., Portland, reviewed the layout that was submitted to the Commission and stated that they had removed the RV storage. He added that the trucks are a good service, that they meet the 20 foot clearance, and they would be willing to strip the parking area. o Discussion followed regarding the 20 foot minimum; 45 foot out:-.de radius and the original approval for the existing conditional use. PUBLIC TESTIMONY o No one appeared to speak. PUBLIC HEARING CLOSED o Commissioners Leverett and Peterson favored approval if the applicant could met the Code requirements. o Commissioners Fyre, Barber, Moen, Owens, and Castile had concerns that the Code requirements could be met or if they would want 'this type of use to be allowed at this particular site because of the PD overlay. o Disucssion followed regarding what process other existing mini-storages would have to go through to add this type of use. * Commissioner Fyre moved and Commissioner Owens seconded to deny CU 88-09 and PD 88-04 based on staff's findings and conclusion and for staff to prepare the final order and President Moen to sign the final order. Motion carried by majority of Commissioners present. Commissioners Leverett and Peterson voting no. 5.2 SIGN CODE EXCEPTION SCE 88-03 FRED MEYERS (HEATH SIGNS) NPO # 8 Request to construct a freestanding sign 22 feet high and 129 square foot per side where the Code allows a maximum size of 90 square feet per side. Two existing freestanding signs are proposed to be removed. Zone: C-G (Commercial General) Location: 11565 SW Pacific Hwy. (WCTM iS1 36DB, lot 201 and 1Si 36AC, lot 3400). Senior Planner Liden reviewed the proposal and made staff's recommendation for approval with 4 conditions. He added that if the Commission determined that the parcel pick sign is a directional sign they could allow the sign and grant an exception for the size. Pictures were distributed of the sign to the Commission by the applicant. Senior Planner Liden read a letter of opposition into the record from James Walker. APPLICANT'S PRESENTATION o Rick Fusan, Heath Sign, 175 NE Columba Blvd., Portland, explained that they are reducing the size of the main sign; there is no logo on the parcel pick up sign and it is hidden from street view; and they fall within the guidelines for sign code exceptions. PLANNING COMMISSION MINUTES SEPTEMBER 20, 1988 - PAGE 2 TIGARD PLANNING; COMMISSION - FINAL ORDER NO. 88 11 PC A F:l:NAL. ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH APPROVES AN APPLICATION FOR A CONDITIONAL USE (CU 88-•09) AND PLANNED DEVEI_OPMEN-r (PD 88••--04) REQUESTED BY SHURGARD INCOME PROPERTIES. The Tigard Planning Commission reviewed the above application at a public hearing on September, 20, 1988. The Commission based its decision upon the facts, findings, and conclusions noted below: A. FACTS 1. General Information CASE: Conditional Use 88-09 and PD 88-04 (Civil Infraction Case # 88-115-Z) REQUEST: A request for a Conditional Use approval to allow storage and rental of trucks as ancillary to the established use of the site for mini-storage warehouses. Zoning: C-G (PD) (Commercial General, Planned Development). COMPREHENSIVE PLAN DESIGNATION: C-G (Commercial General) C ZONING DESIGNATION: C-G (PD) Commercial General, Planned Development APPLICANT: Arthur W. Buerk OWNER: Shurgar•d Income Properties Shurgard Income Ten , Properties Ten 999 3rd Ave Suite 1001 999 3rd Ave Suite 1001 Seattle, WA 98104 Seattle, WA 98104 LOCATION: 15700 SW Pacific Highway (WCTM 2SI IODC, Lot 300) i 2. Background Information A request for a Conditional Use approval to construct. a 90,000 square foot mini-storage facility and to vary the required number of parking spaces from 93 to 4 was reviewed by the Planning Commission in December, 1985, and was approved subject to the fulfillment of 15 conditions (CU 5-85/PD 4-85/V 18-85). This facility was subsequently completed and i occupied. A warning letter and a notice of infraction were sent by staff on June 28, 1988, indicating the nerd to apply for a Conditional Use permit based on the fact that trucks were being rented from the property. i FINAL ORDER NO. 88 - 11 PC (SHURGARD INCOME PROPERTIES TEN) - PAGE 1 t Permanent: removals r the truck:, was roquirod ( y July 6, if no conditional use request, had been filed by that time. This request was submitted on July 28, 1988, and to date the trucks are still on the property. - 3. Vicinity Information Properties to the north and southwest are also zoned and developed as C-G (PD). Properties to the east and south are zoned and developed as R-25 (PD) (Multi-Family Residential, 25 units/acre, Planned Development). The west boundary abuts Pacific Highway and King City is on the apposite side of the highway. 4. Site Information and Proposal Description The site now contains 90,000 square feet- of mini-warehouse units, an office and four parking spaces. A wrought iron fence was built- along the front of the development. During a recent site visit, staff- noted two trucks which were parked between buildings 2 and 3 and several boats on trailers parked along the northern property line. The applicant proposes to store and rent up to 6-8 rental trucks on the property. These would consist of one 32 foot truck, four 32 foot- or 6 parcel vans, and one 22 foot truck. Parking for these vehicles is proposed to be adjacent to and inside the wrought iron fence. No additional office space is proposed. 5. Agency and NPO Comments Portland General Electric, General Telephone, the State Highway Division, the City Engineering and Building Divisions, and the Tigard Water District have all reviewed the proposal and have no objections to it. The Consolidated Fire District of Washington County has the following comments: Storage of trucks on this site is not acceptable as the driveways around the buildings only meet minimum requirements for fire department access widths and turning radii (20 foot minimum; 45 foot outside radius). No other comments were received. B. FINDINGS AND CONCLUSIONS The storage and rental of trucks is classified by the Tigard Community Development Code use definition section as "Automotive and Equipment: Sales/Rentals Heavy Equipment" (18.42.020(c)(6)(G)). This use is listod as one permitted only with a conditional use permit- in the C-G zoninc.l district. Because this pr•oport.y also has a Planned Development. ,.-ono designation, this request is heard by the Planning Commission, and not the Hearings Officer. FINAL ORDER NO. 88 - 11 PC (SHURGARD INCOME PROPERTIES TEN) - PAGE 2 At the time of t~ original cor►ditional use revi( a r•equost For- then affiliated rental t-r•uck business was not made. As a result, this separate request is being made. Section 18.130.150(c)(5) contains dimensional standards for, automotive rental businesses. The only requirement over arid above what: is normally required in the C-G zone is that "five feet of the perimeter. setback shall be used for landscaping and screening purposes." The original site plan provided for such a buffer. Parking regulations for a heavy automotive rental use are contained in Section 18.106.030(c)(7)(F). Required is one space for each 1,000 square feet of gross floor area, but not less than 4 spaces for each establishment. The Commission originally approved the initial parking variance request because it was felt- that mini-storage warehouses operate differently, have far fewer employees than warehouses, arid customer- parking would be conducted in front of the units. Because the storage and rental of trucks would require additional space, and it is not desirable to further reduce the access drives to accommodate the trucks, it appears that a minimum of 4 additional spaces should be created to accommodate the trucks. 'The existing development- of the site will make it difficult to provide the additional four spaces. Storage of the vehicles as proposed by the applicant would not provide for a minimum 24 foot wide access drive along the western or Pacific. Highway frontage. At present there is approximately 30-35 feet of clearance between buildings 1 and 2 and the fence. There is only 20--24 feet between buildings 1 and 3 and the north and south fences respectively. therefore, the placement of 12 foot wide trucks in the two corners could well block the access and egross on the site unless access corridors were redesigned to become one-w.-Ay corridors. Because the fire district requires a minimum of 20 feet in width for one and two way access drives, and because it seems inconceivable that a large fire truck could turn at the front corners if trucks were parked there, a redesign to accommodate the truck business and fire district. standards does not appear to be possible. C. 'DECISION The Planning Commission denies CU 88-09 and PD 88-••04 based upon the above findings and conclusions. It is further ordered that the application be notified of the entry of this final order. y~ PASSED: This day of September, 1988, by the Planning Commission of the City of Tigard. A. Donald Moen, President Tigard Planning Commission ke/7131D FINAL ORDER NO. 88 - 1-1 PC (SHURGARD INCOME PROPERTIES TEN) PAGE 3 - r. MACKENZIE/SAITO & ASSOCIATES, P.C., OREGON MACKENZIE/SAITO & ASSOCIATES, P.S., WASHINGTON ARCHITECTS-PLANNERS ? 0690 SW. BANCROFT STREET PORTLAND. OREGON 97201 (503) 224-9570 November 9, 1988 i Washington County Fire District Attentioni Jerry Runyan Fire Marshals Office P.O. Box 4755 Beaverton, Oregon 97076 Re: Shurgard/Ryder Truck Appeal Fire Truck Test Run Through Shurgard Self-Storage Facility Project Number 288666 Dear Jerry: This letter is to confirm our telephone conversation of November 9, 1988, during which you indicated that your crew accomplished a test run of a fire truck (pumper) through the "delineated accessway" (fire lane provided if the Ryder trucks are parked as shown on the November 8, 1988, site plan). The driver was able to maneuver the fire truck on the site to the satisfaction of the Washington County Fire District. You also indicated that the proposed Ryder truck rental use on the site, if striped to ensure proper parking, is acceptable to the Washington County Fire District, and this letter may be used as documentation of such approval to the City Council, if necessary. Please reconfirm your agreement with the above statements by signing in the space provided below and returning a copy of this letter. If you have any questions, please call. Sincere Tom r gh , lanner TW/jcr cc: Tigard City Council Darrell Austin - Shurgard Keith Liden - City of Tigard, Planning I- V //-/0- ~a erry R yan, Fir Marshal Date Washington County Fire District MACKENZIE/SAITO & ASSOCIATES, P.C., OREGON MACKENZIE/SAITO &ASSOCIATES, P.S., WASHINGTON ARCHITECTS-PLANNERS 0690 S.W. BANCROFT STREET PORTLAND, OREGON 97201 (503) 224-9570 November 9, 1988 Tigard City Council 13125 S.W. Hall Blvd. P. 0. Box 23397 Tigard, Oregon 97223 RE: Shurgard Storage Center - Conditional Use for Truck Rental Project Number 288666 Dear Council Members: On November 14, 1988, you will consider an appeal of the Planning Commission's denial of a Conditional Use Permit for truck rental at the Shurgard Storage Center. A review of the Planning Commission hearing transcript indicates that the key concern was whether adequate fire vehicle access would be available with the rental trucks on site. The Planning Commission did not recognize the existence of the fire vehicle access drive, or the actual dimensions of the affected aisles, in rendering its decision. In order to address this issue, we have accurately delineated the required twenty foot wide aisle and forty-five foot outside turning radius on the site plan. You will note from the attached drawing that two truck spaces and one van space are available, while preserving the fire access. The Fire Marshal has preliminarily reviewed and agreed with this plan. To confirm actual conditions, the Fire Marshal has agreed to arrange for a fire truck to test the delineated accessway prior to your meeting on November 14, 1988. We will be prepared to confirm the Fire. Marshal's approval at that time. Two other issues justify attention: parking and landscaping. Two new customer parking spaces will be provided to support the truck rental activity. This will reduce the on-site landscaping from 38,904 sq. ft. (18.0%) to 38,580 sq. ft. (17.9%), which is still within the Code requirement of 15%. Thank you for your review of this matter. Sin cerely, r 6100 Lans Stout, Planner LS/smk IC Enclosure cc: Darrell Austen, Shurgard Self Storage pqC/R/C GywAY 1 Isr _ 1 t I I C . !4IS$~! SHURGARD STORAGE CENTER MACKENZIE ENGINEERING a~ TIOARD. ORYOON INCORPORATED ON .1m 1 ( RENTAL TRUCK PARKING 0M CITY OF TIGARD, OPEGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: November 14, 1986 DATE SUBMITTED: October 28, 1988 ISSUE/AGENDA TITLE: CPA 88-03 PREVIOUS ACTION: Council approval ZC 88-04 Tigard School District 11 PREPARED BY: Keith Liden DEPT HEAD OK CITY ADMIN OK REQUESTED BY: POLICY ISSUE INFORMATION SUMMARY On October 24, 1988, the Council approved the above application. The attached final order reflects this decision. ALTERNATIVES CONSIDERED 1. Approve the ordinance. 2. Approve the ordinance with modifications. FISCAL IMPACT SUGGESTED ACTION Approve the ordinance. cn/7782D