City Council Packet - 07/12/1976 TIGARD CITY COUNCIL
REGULAR MEETING
JULY 12, 1976, 7:30 P.M.
FOWLER JUNIOR HIGH SCHOOL
LECTURE ROOM
AGENDA:
1. CALL TO ORDER
2. ROLL CALL
3.. PLEDGE OF-&LEGIANCE
4. . CALL TO AUDIENC&,FOR THOSE DESIRING TO SPEAK ON NONE-AGENDA ITEMS
5. CONSENT AGENDA (All matters under this heading are considered to be routine by
the City Council and will be enacted in one motion in the form
listed below. There will be no separate discussion of these
items. If discussion is desired by any Council member or member
of the audience, that item will be removed from the Consent
Agenda and will be considered separately.)
(a) Approval of Minutes.- June 28, July 1, 1976
(b) Approval of Expenditures and Investments - $ 71,120.23
(c) Setting of Public Hearing - July 26, 1976 commencing at 8:00
P.M. at Fowler Junior High School.
ZONE CHANGE - Request by Construction Services Inc. for zoning
reap amendment to rezone a parcel of land located at S.W. Green-
burg Road and Shady Lane, from R-7 (Single Family Residential)
to C-4 (Neighborhood Commercial). Washington County tax map
1S1 35B, Tax Lot 2000).
CONDITIONAL USE APPEAL - Appeal of Planning Commission denial of
request by Tigard School District 23J to allow construction of field
house & installation of field lights on Fowler Junior High School
site in vicinity of S.W. Walnut & Tiedeman (Wash.Co. Tax Map
2S1 3AA, Tax Lot 101).
(d) Receive and file written Communications.
Blaine Whipple re: Washington County Assessment Tax
R. A. Gray re: Leonard Cook, Public Works Inspector
Paul E. Johnson re: Atwood Property
Ray Perkl ret N.P.O. #5
Tualatin Rural Fire Dept. re: Annual Report, 1975.
Tigard Babe Ruth request regarding Planning Commission Denial for
Conditional Use
( 6. CONSIDERATION OF PERKL REQUEST
(a) Recommendation of Planning Director.
7. LANDMARK LANE SUBDIVISION COMPLIANCE - Extension of Time - Request by Mike
Mayer, Sabre Construction Co.
(a) Recommendation of City Administrator.
8. APPROVAL - SUBDIVISION COMPLIANCE AGREEMENT & BOND, CONSENT COVENANT -
STREET IMPROVEMENT - WAlmar Acres
(a) Recommendation of City Administrator
9. PUBLIC HEARING - Commencing at 8:00 P.M.
ZONE CHANGE - Ripley's Maple Shop - Request for a zone map amendment
to change the zoning designation from "C-4 - Neighborhood Commercial"
"C-3 - General Commercial" on a .71 acre parcel oii S.W. Pacific
Highway between S.W. McDonald and S.W. Canterbury Lane (Wash. Co.
Tax Map 2S1 10A, Tax Lots 300 and 301).
(1) Public Hearing Opened
(2) Statement of Facts by Planning Director
'(3) Public Testimony
Proponents
Opponents
Cross Examination
(4) Recommendation of Planning Director
(5) Public Hearing Closed
(6) Consideration by Council
10. ATWOOD - MINOR LAND PARTITION (Continued from 6-28-76 meeting)
11. APPROVE CONTRACT - Washington County Library Services
(a) Recommendation of City Administrator.
.12. PROCLAMATION - Regarding Town & Country Days Celebration.
13. ACCEPTANCE OF SANITARY SEWER L.I.D. PETITION (Portion of Park Street)
and ordering bf preliminary plans and cost estimates.
14. OTHER
(a) Budget Committee meeting reminder
(b) Update on status of personnel
(c) Proposal to recognize John Murley
15. ADJOURNMENT
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PAGE 2 - COUNCIL AGENDA - JULY 12, 1976
i
T IG A R D C I T Y C 0 U N C I L
REGULAR MEETING MINUTES JULY 12, 1976
t
1. ROLL CALL: Present: Mayor Wilbur A. Bishop; Councilmen John E. Cook, Alan
W. Mickelson, Robert C. Moore, Lynn R. Wakem; R. B. Adams, Chief
of Police; J. D. Bailey, Legal Counsel; Richard Bolen, Planning
Director; Bruce P. Clark, City Administrator; Doris Hartig, City
Recorder; Arline O'Leary, Administrative Assistant.
2. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS:
(a) No one desired to speak.
3. APPROVAL OF MINUTES - June 28, 1976 and July 1, 1976.
(a) Motion to approve July 1, 1976 minutes; Councilman Cook,
seconded by Councilman Wakem.
Approved by unanimous vote of Council.
(b) Motion by Councilman Cook, seconded by Councilman Wakem, to correct
June 28, 1976 minutes, page 2, public hearing for HUD should be set for
July 26, 1976 and August 9, 1976 commencing at 8:00 P.M. at Fowler
Junior High.
Approved as corrected by unanimous vote of Council.
4. APPROVAL OF EXPENDITURES AND INVESTMENTS: $71,120.23
(a) Motion to approve: Councilman Cook, seconded by Councilman Wakem
Approved by unanimous vote of Council.
5. SETTING OF PUBLIC HEARINGS:
(a) Motion by Councilman Cook, seconded by Councilman Wakem to set the
following item for public hearing on July 26, 1976 commencing at 8:00
P.M. at Fowler Junior High School:
ZONE CHANGE - Request by Construction Services, Inc. for zoning map
amendment to rezone a parcel of land located at SW Greenburg Road
and Shady Lane, from R-7 (Single Family Residential) to C-4 (Neighborhood
Commercial). (Washington County Tax Map 1S1 35B, Tax Lot 2000).
Appr6%red by unanimous vote of Council.
(b) CONDITIONAL USE APPEAL - Tigard School District 23J
Mr. Dave Fairbanks and Mr. Everett Nixon of the Tigard Babe Ruth
League requested Council consideration to hear the Tigard School
District 23J appeal.at the earliest date possible.
J Discussion by Council and staff followed.
Motion by Councilman Cook, seconded by Councilman Wakem to set the
following item for public hearing on July 21, 1976 commencing at
8:00 P.M. at Fowler Junior High School:
CONDITIONAL USE APPEAL - Appeal of Planning Commission denial of
request by Tigard School District 23J to allow construction of field house
and installation of field lights at Fowler Junior High School site in
vicinity of SW Walnut and Tiedeman. (Washipgton County Tax Map 2S1 3AA,
Tax Lot 101).
Motion carried 4 to 1 - Councilman Moore voting Nay.
6. RECEIVE AND FILE WRITTEN COMMUNICATIONS:
Blaine Whipple re: Washington County Assessment Tax
R. A. Gray re: Leonard Cook, Public Works Inspector
Paul E. Johnson re: Atwood Property
Ray Pirkl re: N.P.O. #5
Tualatin Rural Fire Dept. re: Annual Report, 1975
Tigard Babe Ruth request re: Planning Commission Denial for Conditional Use
(a) Motion to receive and file: Councilman Cook, seconded by Councilman
Wakem.
Approved by unanimous vote of Council.
7. CONSIDERATION OF PIRKL REQUEST:
(a) Mr. Pirkl referred to his letter to Council, received July 7th and
reviewed specific problem NPO #5 was experiencing.
Mr. Pirkl requested assistance from Council in formulating policy and
procedure to deal with citizen complaints regarding NPO's.
The following people voiced support for Mr. Pirkl's request:
Florence Heim, 13275 SW 76th
Lydia Gould, 14980 SW 81st
John Havery, 15970 SW 76th
Bill Bieker, 7730 SW Cherry
(b) Planning Director recommended complaint be reviewed by Committee
for Citizen Involvement. The, CCI would then report and make
recommendations to the Council. He further stated, in accordance
with resolution No. 75-61, the CCI would consist of the Chairmen of
the NPO's, two members from City Council and two members of the
Planning Commission.
(c) Motion to refer complaint to CCI for review and recommendation be
submitted to Council; Councilman Cook, seconded by Councilman Moore.
Approved by unanimous vote of Council.
8. BOARDS AND COMMISSIONS - Filling of vacancies
(a) City Administrator recommended filling a number of existing vacancies,
receiving recommendations from the Selection Committee at the special
meeting being held July 21st.
Council concurred.
PAGE 2 - COUNCIL MINUTES - JULY 12, 1976
9. LANDMARK LANE SUBDIVISION COMPLIANCE AGREEMENT - Extension of Time - Request
by Mike-Magee, Sabre Construction Co.
�^ (a) City Administrator summarized history of development.
(b) Discussion followed by Council and staff.
(c) Motion to approve 60 day extension: Councilman Wakem, seconded by
Councilman Cook.
Approved by unanimous vote of Council.
10. APPROVAL - SUBDIVISION COMPLIANCE AGREEMENT & BOND, CONSENT COVENANT -
STREET IMPROVEMENT - Walma r Acres
(a) City Administrator recommended Council approval.
(b) Motion to approve; Councilman Wakem, seconded by Councilman Moore.
Corrected 9-27-76 to read
"Passed by Majority vote of Council, Mayor Bishop voting NAY."
11. PUBLIC HEARING - Commencing at 8:00 P.M.
ZONE CHANGE - Ripley's Maple Shop - Request for a zone map amendment to change
the zoning designation from "C-4 - Neighborhood Commercial" to "C-3 - General
Commercial" on a .71 acre parcel on SW Pacific Highway between SW McDonald and
SW Canterbury Lane (Wash. Co. Tax Map 2S1 10A, Tax Lots 300 and 301).
(a) Public Hearing Opened.
(b) Planning Director pointed out Mr. Ripley was not present although a letter
of notice had been mailed to him. Planning Director further stated facts
and findings.
(c) Public Testimony
Proponents - None
Opponents - None
(d) Planning Director recommended approval-subject to the three conditions
listed in Planning Commission minutes dated June 1, 1976.
(e) Hearing Closed.
(f) Discussion by Council and staff followed.
(g) Motion to approve subject to the three staff conditions, clarifying
that condition (2) limits site to only two access points: Councilman
Cook, seconded by Councilman Mickelson.
Approved by unanimous vote of Council.
12. ATWOOD - MINOR LAND PARTITION (Continued from 6-28-76 meeting).
(a) Planning Director reviewed history of appeal.
PAGE 3 - COUNCIL MINUTES - JULY 12, 1976
Discussion by Council, staff and Legal Counsel followed.
(b) Legal Counsel stated Council had one of two choices: (1) Refer back to
Planning Commission; or (2) Permit partitioning of land.
(c) Planning Director recommended Council approval subject to conditions
stated in Council minutes dated 6-28-76 plus the original parcel of
land should be partitioned into two parcels rather than four.
Discussion by Council, staff and Legal Counsel followed.
(d) Motion to approve, subject to staff recommendations: Councilman Cook,
seconded by Councilman Mickelson.
Discussion by Council and staff followed.
Motion failed 3 to 2 - Councilmen Moore and Wakem and Mayor Bishop
voting Nay.
(e) Motion to remand to Planning Commission without fee for re-submission:
Councilman Mickelson, seconded by Councilman Moore.
Approved by unanimous vote of Council.
Council concensus was notice should be given of the date item would be
reconsidered by Planning Commission.
Planning Director stated since the real objection to Atwood's request was
inappropriate land use he had reviewed the property in question further
and it was his opinion only approximately 1 acre of the 2.25 acres was
developable which would permit construction of 2 duplexes at this time.
13. APPROVE CONTRACT - Washington County Library Services
(a) City Administrator recommended approval of contract subject to the City
retaining the authority and responsibility of budgeting process and also the
cover letter should be considered part of the contract.
(b) Motion to approve subject to staff recommendations: Councilman Moore,
seconded by Councilman Cook.
Approved by unanimous vote of Council.
14. PROCLAMATION - Regarding Town and Country Days Celebration
(a) Council concensus to approve proclamation.
15. ACCEPTANCE OF SANITARY SEWER L.I.D. PETITION (Portion of Park Street) and ordering
of preliminary plans and cost estimates.
(a) City Administrator recommended Council approval.
Discussion by Council and staff followed.
(b) Motion to accept petition and authorize staff to prepare preliminary
�- plan and cost estimate to be submitted to Council: Councilman Moore,
seconded by Councilman Wakem.
Approved by unanimous vote of Council.
fi PAGE 4 - COUNCIL MINUTES-- JULY 12, 1976
16. OTHER
(a) BUDGET COMMITTEE MEETING - Tuesday, July 13th, 7:30 PM at General Telephone
Building.
(b) REVISED EMPLOYEE LIST - City Administrator reviewed revised employee
list with Council.
Discussion of unfilled positions followed and Council concurred City
Administrator should proceed with hiring Public Works Director.
(c) PROPOSAL TO RECOGNIZE JOHN MURLEY - Council consensus was to direct
Chief Adams to order a retired Sgt's. badge to be presented to John
Murley.
(d) BALLOT RECOUNT - City Recorder reported there would be a recount on
Friday, July 16th, of the ballots from the June 29, 1976 special election.
(e) STUDY SESSION - It was the consensus of Council not to meet Monday,
July 19th.
(f) TEKTRONICS BUSINESS LICENSE FEE - City Administrator explained Tektronics
had inadvertently paid for a business License in 74-75 for a location
they no longer occupied. He further stated they were requesting a refund
for 74-75 and cancellation of the 75-76 billing.
Council consensus was to cancel 75-76 billing but not to refund 74-75 fee.
(g) SUBDIVISION BETWEEN FONNER AND ERROL STREET (Gentlewoods) - City
Administrator recommended Council discuss proposed subdivision and take
a position on providing sewer service.
Planning Director reported findings and further stated NPO #3 had communicated
by letter to Washington County Planning Commission stating their opposition
because the proposed subdivision is in conflict with NPO #3's adopted plan.
Discussion by Council and staff followed.
Motion by Councilman Cook and seconded by Councilman Wakem to send
representation to the Washington County Planning. Commission hearing
7-13-76 stating the City of Tigard would not provide sewer services
to proposed subdivision unless it is built in conformance-with
City standards and Comprehensive Plan.
Approved by unanimous vote of Council.
17. ADJOURNMENT - 10:10 PM
_
City Recorder
ATTEST:
Mayor
PAGE 5 - COUNCIL MINUTES - JULY 12, 1976
BILLS PRESENTED FOR PAYMENT
July 12, 1976
Checks Written for Business as of 6/30/76
k GENERAL FUND - U.S. NATIONAL BANK
Check No.
19212 Oregon Dental Assoc. - Dental Insurance 433.32
11 12.88 33.25 (18) 20.37 (16.3) 12.88
12� 20.37 � 13�
1420.37 ( 16) 313.20
19213 Oregon State Tax - State WH (614) 1 ,669.00
19214 Kearney Bros. - Progress Payment #4 (20.2) 7,611. 50
19215 Public Employees Retirment - Social Security
11 ) 42.02 (1 2) 131 .60 1481 .60 3 1643830 (16.3) 69.60
18 21 .29
612) 1914.00 3,827.94
19216 State of Oregon - Unemployment Ins.
( 11 ) 56.08 ( 12) 95.42 ( 13) 244. 19 (14) 188. 16
16 1428.00 (16.3) 90. 16 ( 18) 28.39 2, 130.40
19217 U.S. Natl. Bank - Federal WH (613) 2, 304.30
19218 Western Insurance - Police Ins.
( 16) 52.00 (16.3.) 2.60 (618) 7. 15 61 .75
19219 State of Oregon - Unemployment Ins. ( 14) 2. 11
19222 Public Employees Retirment - Social Security 9.51
(612) 4.75 ( 14) 4.76
19223 Wilbur A. Bishop - Mayor 10 105.00
19224 Robert C. Moore - Councilman 10 105.00
19225 John E. Cook - Councilman 10 105.00
19227 Alan W. Mickelson.- Councilman 110 105.00
19228 Petty Cash - Office Supplies, Travel, Subsistence
19229 Lynn ( 10) 4.05 (12) 17.55 ( 14) 5.20 (19) 4.42 31 .22
R. Wakem - Councilman10 90.00
19230 Doris Cooper - Election Board 10 52. 13
19231 Peggy Smith - Election Board 10 51 .00
19232 Marian Knudson - Election Board 10 51 .00
19233 Elizabeth Bishop - Election Board 10 17. 25
19234 Sharon Green - Election Board 10 51 .00
19235 Ellen Ryzner - Election Board 10 51 .00
19236 Marian Beutz - Election Board 10 51 .00
19233 Mavis J. Randell - Election Board 1101 53.25
19237 Dana McKenzie - Election Board 10 18.00
19239 Maribeth Chick - Election Board 10 18.00
19240 Irma Butterfield - Election Board 10 53.25
19241 Betty J. Werschskull - Election Board 110 54.38
19243 State Accident Ins. Fund - Compensation Ins.
N11 ) 9.50 (13) 173.57 (16) 3486.05 16) 122 08
12) 26. 14 (14) 32.99 (16.2) 192.70 615) 154.24 4, 197.27
19192 Traveler's Ins. - Employees Retirement
(13) 56.88 (14) 263.63 (608B) 132.08
19193 Banker's Life - Police Retirement 608A) ( 1 ,327. 114)
19194 TPOA - Police Union Dues 611 ) 356.00
19195 Tigard Community Fed. Cr. Un. - Payroll
Deductions 609A) 421 . 52
19196 Wash. County Fed. Cr. Un. - Payroll Deductions 609B) 886.00
19197 ICMA - Administrators Retirement 12) 110.00
19198 YGN - Payroll Deduction 1617) 29.00
Bills Payable
July 12, 1976
Page 2
19199 Tri County Fed. Cr. Union - Payroll Deduction (609C) 130.00
BD U. S. Bank - Bonds 150.00
�. 19204 Oregon Admin. - Payroll Deduction (619) 25.75
19244 Dept. of Commerce - Bldg. Permit Surcharge (623) 173.54
19245 Columbia Maintenance - Janitorial Service 18) 251 .00
19246 Marine Lumber - Misc. Bldg. Supply 20) 1 .62
19247 Pargas - Equipment Rental 13) 5.00
19248 Rentex - Laundry 118) 13. 50
19249 Times Publication - ad for Clerk Typist and 12. 2
notice of Public Hearings 14)397,00
19250 Times Litho Print - Neighborhood Plan #3
19251 Tigard Sand & Gravel - Rock LID Hunziker 20) 37
Total $27,618.07
June Payroll 21 ,089.25
Total General Fund $48,707.32
SEWER FUND - U.S. NATIONAL BANK
Chec No.
19212 Oregon Dental Service - Dental Ins. ( 108) $ 53.64
19213 Oregon State Tax - State WH (614) 181 .00
19215 Public Emloyee's Retirement-Soc. Security
( 1013 205.92 (612) 205.92 411 .84
19216 State of Oregon - Unemployment Ins. ( 107) 263.89
19217 U. S. Nat'l. Bank - Federal WH (613) 506.00
19243 State Accident Ins. Fund - Comp. Ins. 393.71
(102) 375.23 (615) 18.48
19192 Traveler's Ins. - Employee's Retirement 189.70
(104) 64.33 (608B) 125.37
19195 Tigard Community Fed. Cr. Un. - Payroll WH (609A) 50.00
19196 Wash. Co. Fed. Cr. Un. - Payroll WH (609B) 90.00
0.66
19204 Oregon Admin. Assoc. - Payroll WH (619)
3208 Unified Sewerage (753-755) 8,656.75
4011 Doug's Auto Parts - Patts - Parts sewer truck 210) 52. 51
Total $10,855.70
June Payroll 2,348.89
Total Sewer Fund $132204. 59
STATE TAX STREET - U.S. NATIONAL BANK
Check No.
19212 Oregon Dental Service - Dental Ins. (108) $ 53.64
19213 Oregon State Tax - Payroll WH (614) 181 .00
19215 Public Emloyees Retirement - Soc. Sec. 411 .84
(1013 205.92 (612) 205.92
19216 State of Oregon - Unemployment Ins. (107) 2 10.00
.89
19228 Petty Cash - keys (220) 10
19243 State Accident Ins. Fund - Comp. Ins. 393.71
(102) 37523 (615) 18.48
Bills Payable
July 12, 1976
Page 3
19192 Travelor's Ins. - Employee's Retirement104) $ 64.33
F` 19195 Tigard Community Fed. Cr. Un. - Payroll WH 609A) 2
19196. Wash. Co. Fed. Cr. Un. - Payroll WH 609B 59. 10
90.00
19246 Marine Lumber - Misc. Bldg. Supply 220
19247 Pargas - Equipment Rental 2'83
4010 A-Boy West - Plumb. Supplies 220 .65
210 15.00
4012 Grimm' s Fuel - Barkdustp 220 55.00
4014 Norris Paint - Paint Thinner 220 41 .50
4015 Oregon Toro - Lawn Mower Repair Parts 240 8.30
4017 Power Rents - Equipment Rental (214 9.90
4019 Tigard Lumber & Bldg. Supply - Misc. Bldg. Supply (220) 18.33
4020 Union Oil Co. - Motor Oil (210) 117.70
4023 Valley Communications - Radio Maint. Agreemnt. (291 ) 24. 50
Total $ 2,021 .22
June Payroll 7_.389.66
Total S.T.S. Fund $ 4,410.88
FEDERAL REVENUE SHARING FUND - U. S. NATIONAL BANK
Check No.
19212 Oregon Dental Service - Dental Ins.
( 15) 12,88 (21 ) 40.74
53.62
19213 Oregon State Tax - State WH (614) $ 264.00
19215 Public Employees Retirement - Soc. Sec.
( 15) 61 . 16 (21 ) 148. 16 (612) 209.32 418.64
19216 State of Oregon - Unemployment Ins.
(15) 89.94 (21 ) 149.42 239.36
19217 U.S. Nat'l. Bank - Fed. WH (613) 328.60
19228 Petty Cash - Travel, Subsistence, Office Supply
( 16) 20.29 (21 ) 1 .80 22.09
19243 State Accident Ins. Fund - ComIns.
(15) 25.23 (21 ) 27.47 (615) 17.92 70.62
4006 Richard de Brauwere - Mileage 16 6.00
4007 Richard Sirianni - Mileage 16 7.95
4008 Hal Merrill - Uniform Alteration 16 13.25
4009 Tigard Radiator - Radiator Repair 16 20.95
19192 Traveler's Ins. - Emp)loyee's Retirement
19195 TigardCommunity 31 . 14 Fed. Cr.9Un. (6UPa) 144-91 roll WH 252.03
BD U.S. Nat'l. Bank - Bonds y (609A) 301 .72
19204 Oregon Admin. Assoc. - Payroll WH 18.28 7.75
28.
19245 Columbia Maintenance - Janitorial Service 7.28
(16) 52.00 (15) 28.00 80.00
19247 Pargas - Equipment Rental 16 5.00
19248 Rentex - Laundry 1
40115 6. 50
Doug's Auto Parts - Misc. auto supplies 16 19.36
4013 The Dolenti Kit Co. - Equipment Rental 16 54.00
4016 Pencraft - Printing 16 28.00
4018 Southwest Office Supply- Cards and Pads 16 4, 15
4021 Vic Alfanso Ford - parts unit ##7 16 240. 11
4022 Zellanbach Paper Co. - Teletype Rolls 16
4023 Valley Communications - Radio Maint. Agreemnt. 16 217.00
149.00
Total $-2,827.98
Total Bills Pa able $43,322.97 June Payroll 1 ,969.46
(as of 6/30/76 Total F.R.S. Fund $ 417 7.44
Total June Payroll 2? 797.26 -
Total $71 , 120.23
dl
OREGON STATE SENATE
SALEM. OREGON 3
97310 a
June 25, 1976
1
E. S. Mills
City Manager
City of Hillsboro
205 S.E. 2nd Avenue
Hillsboro, Oregon 97123
Dear Eldon:
Pursuant to your request, on behalf of the Mayors of the
Cities of Hillsboro, Tigard, Beaverton, Cornelius and Forest
Grove, I requested an Attorney General 's opinion on the validity
of the Washington County Ordinance imposing a property tax allo-
cation fee.
Senate rules require that requests for Attorney General
opinions be made through the office of the Senate President.
Consequently, I made such a request through Senator Jason Boe.
A letter to me today from Senator Boe's Administrative
Assistant, Dave Dierdorff, says that since litigation against the
County is in process, the Attorney General will not issue an
opinion.
As you will note from Dierdorff's letter (copy enclosed) a
senior deputy in the Attorney General's office, Rich Munn, Leg-
islative Revenue officer and Mr. Dierdorff feel the ordinance is
invalid.
I 'm sorry I am unable to provide you with the requested
opinion.
Sincerely,
10 '
laine Whipple
State Senator
cc: Mayors of:
Hillsboro
Tigard
Beaverton
Cornelius
Forest Grove
Senator Jason Boe
- Don Roberts, Hillsboro Argus
DAVID R. DIERDORFF
AHMINISTRATIV2 ASSISTANT ROOM 203
,.R:FILE OF THE SQNATEPRESIDENT ST.\TC CAPITOL
JASON O. S3 01-OM 97310
OREGON STATE SENATE
SALEM, OREGON
97310
i
I
Senator Blaine Whipple June 25, 1976
8455 S.W. Brookridge
Portland, OR 97225
Dear Senator Whipple:
' I have reviewed your request for an Attorney General 's
opinion regarding the validity of Washington County
Ordinance No. 187 imposing property tax collection fees.
It is my understanding that litigation is in process
involving this very question. Under those circumstances,
the Attorney General will not issue an opinion. I'm
sure that you understand the reasons for this policy.
a
Rich Munn, the Legislative Revenue Officer, and I
have reviewed the relevant statutes and the ordinance
a and are of the opinion that it is invalid. The reason
for this is that all counties, home rule or otherwise,
' are required to collect the taxes and distribute them
to the various taxing districts in accordance with a
specific ratio. The calculation of the ratio is set
forth by law and makes no provision for an collection
fees. If fees were deducted, the county could not
disperse collections in accordance with the ratio.
I visited with a senior deputy in the A.G. 's office
and he shares my view. This information is, of course,
unofficial and purely advisory, but it might be of
some consolation to your constituents if they know
that others agree with them.
'ncerely,
David R. Dierdorff
DD:gj
i
u 1975
R.B.GraY S Co.
conSWUC rion CIiY OF rIG�IRD
June 30, 1976
Mr. Wilbur Bishop, Mayor
Mr. Bruce Clark, City Administrator
Tigard City Council
Gentlemen:
Re: Mr. Leonard Cook, Inspector; Engineering Division of Public Works Dept.
Friday, June 25, 1976, we had a cave—in at our 30" culvert coossing on
Garrett Street. This mishap broke the 811 sewer main, and we were knee deep.
Mr. Cook was of great assistance both in showing us the best and quickest way
to correct the damage and in physically assisting with the repairs.
We wish to express our respect and appreciation for Leonard Cook's actions.
I would also like the Council, the Mayor, and the City Administrator to know
of one man's regard for this particular City employee. Mr. Cook knows and
does his ,fob well.
3
Very truly yours
i
R. A. G
RAG/me
�e
P. O. BOX 23516 PORTLAND, OREGON 97223 PHONE(503)639-6127
J3
July 1, 1976
City of Tigard
Mayor Bishop, City Council and Planning Commission
Tigard, Oregon.
Dear Sirs:
This letter is about the J. A. Atwood Corporations request for
a minor land partition on S. W. Hill Street to construct multi-family
units.
The Tigard City Council adopted the Neighborhood Planning
Organization Number One plan on May 20, 1974.
Because of certain policy statements in the N.P.O. #1 plan, which
were adored by the City Council, this land at this time should not be
zoned for multi-family development. It should be zoned for single
family homes because it does not qualify for any other zoning at this
time.
N.P.O. #1 Plan Policy Statement #10:
Development will coincide with the provision of public streets , etc.
The provision of streets has not been made so multi-family units can not
be bullt and the present zoning does not conform to the City,s adopted
comprehensive plan for this neighborhood.
N.P.O. #1 Plan Policy Statement #16:
"Avoid locating apartments where access can be gained only from
local residential streets".
It is, also, illegal to build apartments on this land because the
necessary access is not here. The only way to get to this land is
through residential streets. So at this time there is only one legal
zone for this land and that is single family homes.
Page number thirty-six (36) in the N.P.U. #1 plan says that 1500
vehicles per day is the limit on; local residential streets.
According to Policy #10, this land should be developed at multi-
family densities only when adequate streets, sewer and water facilities
are provided. Ash Avenue is not currently adequate to carry additional
traffic generated by additional multi-family development. Mr. Buttkes's
Tcaffic Analysis showed that volumes will exceed the maximum of 1500
vehicles per day permitted on a local street if any additional multi-
family units are constructed in this area at this time.
The N.P.O. #1 plan recommends, at this time, as they did in the plan
that development at multi-family densities not be permitted until
a.dequated streets are provided to handle the additional traffic generated
by this type of development.
Page Twos
r°~ These properties were recommended for single family zoning in
`._ 1975 by the Neighborhood Planning Organization Number One, the
Planning Commission and the Planning Department Staff. In my judgement,
the City Council errored at that time by declining to re-zone this
property to conform with the adopted N.P.O. #1 plan and this mistake
ftuld be corrected immediately by re-zoning this land to single family
residence as soon as possible.
In closing, I request that this land be re-zoned for single family
residential use until such time as the Ash Avenue extension is
constructed.
Thank you for your understanding and consideration.
Very truly yours,
Paul E. Johnson
9300 S. W. Hill Street
Tigard, Oregon, 97223•