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City Council Packet - 04/13/1981 TIGARD CITY COUNCIL REGULAR MEETING APRIL 13, 1931 , 7 : 30 P.M. FOWLER JUNIOR HIGH SCHOOL LECUTRE ROOM NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME. ON THE APPROPRIATIs SIGN-UP SHEET(S) LOCATED AT THE BACK OF THE ROOM. PERSONS DESIRING TO SPEAK WILL THEN BE CALLED FORWARD BY THE CHAIR TO SPEAK ON THE INDICATED ITEM-S) . AGENDA: 1 . CALL TO ORDER 2 . ROLL CALL 3 . PLEDGE OF ALLEGIANCE 4. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-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 : March 23 , 30 and April 6 , 198i. . (b) Approval of Expenditures and Investments : $207 ,621 .06 (c) Written Communications - Receive and File .Cha'rles and Bette Peck, 11000 S .W. Naeve St . Re : Annexation John A. Butler, 9760 SW O 'Mara , Re : Oregon House Bill 2864 Relating to Special Assessments (d) ACCEPT AND APPROVE SIGNATURE OF MAYOR AND CITY RECORDER .Easement : Sanitary Sewer No 1 , Canterbury Woods (S .W. 109th) .Agreement, Larry & Judy Ludwig, sewer easement (e) RESOLUTION No. 31- 25 A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CON- STRUCTED WITHIN SUMMERFIELD NO. 1 SUB- DIVISION. (f) RESOLUTION No. 31- 26 A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING TIIE PUBLIC IMPROVEI`IEN'TS CON- +" STRUCTED WITHIN SUMMERFIELD -NO. 2 SUB- DIVISION. (g) RESOLUTION No . 81- 27 A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CON- STRUCTE.D [JITHIN SUP'IMER.FIELD NO. 3 SUB- DIVISION . (h) RESOLUTION No . 81- 28 A RESOLUTION OF TIAL: TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IIMPROVEMENTS CON- STRUCTED WITHIN SUL'I.It RFIELD NO . 4 SUB- DIVISION . (i) RESOLUTION No . 81- 29 A RESOLUTION OF THE TIGARD CITY COIJNC I I, ACCEPTING THE PUBLiC IMPROVEMENTS COIN- STRUCTED WITHIN SUM^IERFIELD NO. 5 SUB- DIVISION . 6 . RJ'.SOLUTION No. 81- A RESOLUTION EXPRESSING APPRECIATION OF THE CITY OF TIGARD TO DAVE HA�HINIES FOR PITBT,IC; SERVICE AS A MEMBER OF THE TIGARD POLICE (a) Presentation by Mayor . 7 . ORDINANCE No. 81- AN ORDINANCE. CALLING FOR A SPECIAL ELECTION TO SUBMIT TO VOTERS TAX LI-VY FOR CONSTRUCTION OF BICYCLE PATHS/PEDESTRIAN WALKWAYS . - (a) Recommendation of City Administrator S . RATIFY OLCC APPROVAL ACTION OF 3-30-81 .Grace Restaurant Company, Plankhouse #117 , 10935 S .W. 69th Avenue , Tigard, DA Application . .Ross-Chance Inc . , Hokies Pizza House, 14385 S .1-J. Pacific Hwy, Tigard, R Application. NEW APPLICATION .Fred Meyer, Inc . Eve ' s Buffett, 11565 S . W. Pacific Hwy, Greater Privilege - Dispenser Class A (a) Recommendation of Chief of Police 9 . DAVID CHURCH REQUEST - REGARDING COUNCIL DENIAL ( 12533 SW Grant) (a) Recommendation of City Attorney 10 . RENEWAL INSURANCE FOR FIRE AND ROLLING EQUIPMENT (a) Recommendation of Finance Director 11 . ANNEXATION - SMALL LOTS AND ISLANDS (a) RESOLUTION No. 81- A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD, OREGON. (Sinith - 104th & McDonald) PAGE 2 - AGENDA, April 13 , 1981 (b) RESOLUTION No . 81- A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD, ORE . (Scholls Ferry Rd . R .O.W. - Scholls Ferry Rd & (,onestoga) (c) RESOLUTIOi? No . 81- A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD, OREGON . (Coles Acres- 114th & Bull Plountain Road) (d) RESOLUTION No. 81- A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD, OREGON . (Milne - 105th & McDonald St . ) (e) RESOLUTION No. 81- A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD, OREGON . (Neilsen - 98th & Durham Rd) (f) RESOLUTION No. 81- A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD, OREGON. (Poch - 109th & Neve Rd) (g) RESOLUTION No . 81- A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD, OREGON . (ODOT - Pacific Hwy at Fred Meyers) (h) RESOLUTION No. 81- A RESOLUTION INITIATING ANNEXATION TO THE CITY OF 'TIGARD, OREGON. (Walnut St R.O.W. - Walnut & 128th) (i) RESOLUTION No. 81- A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD, OREGON . (Pacific Hwy R .0.1ti7. - Pacific Hwy & Naeve Rd) (j ) RESOI.,UTION No. 81- A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD, OREGON. (Davies - 74th Ave , South of Bonita Rd. ) (k) Recommendation of Planning Director. 12 . APPROVE REFUND R . A . GRAY & COMPANY a . Building Permit $967 .00 b . SDR (Roads) $1 ,400 (a) Recommendation of City Administrator 13 . COMPREHENSIVE STORM WATER MANAGEMENT PIASTER PLAN (a) Recommendation of Public [,forks Director 14. AUTHORIZE TWO MONTHS RECEPTIONIST POSITION (a) Recommendation of City Administrator e 't PAGE 3 - AGENDA, April 13 , 1931 15 . ORDINANCE No. 81- AN ORDINANCE AMENDING ORDINANCE NO. 80-97 RELATING TO THE SW 92ND AVENUE SEWER IMPROVE- 11ENT DISTRICT (LID #24) BY ADDING SECTIONS PERMITTING THE ISSUANCE OF GENERAL OBLIGATION 4' IMPROVEMENT WARRANTS ; DECLARING AN E,"IERGENCY . (a) Recommendation of Finance Director 16 . ORDINANCE No . 131- AN ORDINANCE AMENDING ORDINANCE 81-08 , RELATING TO THE SW HAMPTON STREET STREET IMPROVEMENT DISTRICT; CORRECTING A TYPOGRAPHICAL ERROR ; DECLARING AN EMERGENCY. (a) Recommendation of Finance Director 17 . OTHER 18 . ADJOURNMENT PAGE 4 - AGENDA, April 13 , 1981 T I G A R D C I T Y C 0 U N C I L REGULAR MEETING MINUTES - APRIL 13 , 1981 - 7 :30 P.M. 1 . ROLL CALL: Present : Mayor Wilbur Bishop; Councilmen Tom Brian John Cook, 'Kenneth Scheckla ; Councilwoman Nancie Stimler; Legal Counsel , Joe Bailey; City Administrator , Raeldon R. Barker; Director of Public [aJorks , Frank Currie ; Finance Director/City Recorder, Doris Hartig ; Planning Director, Aldie Howard ( left at 9 :35 P .1,1. ) ; Administra- tive Secretary, Loreen Wilson. 2 . CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS . (a) No one appeared to speak. 3 . APPROVAL OF MINUTES : March 23, 30 , April 6 , 1981 . (a) Mayor Bishop requested minutes of March 23 , 1981 be clarified on page 6 No. 16(f) showing in the motion that the item was remanded to the Planning Commission because of the impact on the current street systems and the concern of Council with the excessively high density demand. Councilman Brian expressed his agreement with this clarifica- tion of the motion. (b) Councilman Cook requested a typographical error be corrected on the minutes of March 30, 1981 on page 1 No.3(c) showing the figure of "$100,000" to be collected each year instead of $1000,000 . (c) Motion by Councilman Brian, seconded by Councilman Cook to approve minutes as amended. Approved by unanimous vote of Council . 4 . APPROVAL OF EXPENDITURES AND INVESTMENTS : $207 , 621 .06 (a) Motion by Councilman Brian, seconded. by Councilman Cook to approve expenditures and investments . Approved by unanimous vote of Council . 5 . WRITTEN COMMUNICATIONS - Receive & File ;} . Charles & Bette Peck, 11000 S .W. IJaeve Street, Re : Annexation John A. Butler, 9760 S .W. O 'Mara , Re : Oregon House Bill 2864 Relating to special assessments . 1 .. (a) Motion by Councilman Brian, seconded by Councilman Cook to receive and file . ark:. Approved by unanimous vote of Council . rjF:; 4 .Je r C; 6 . ACCEPT AND AUTHORIZE SIGNATURE OF MAYOR AND CITY RECORDER . Easement: Sanitary Sewer No . I - Canterbury Woods (S .W. 109th) .Agreement : Larry & Judy Ludwig, Sewer Easement (a) Motion by Councilman Brian, seconded by Councilman Cook to accept and authorize the signature of the Mayor and City Recorder. Approved by unanimous vote of Council . 7 . RESOLUTION No. 81-25 A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPT- ING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN SUMMERFIELD No. 1 SUBDIVISION . (a) Motion by Councilman Brian, seconded by Councilman Cook to adopt with Resolution No . amended to read 81-25 instead of 80--25 . Approved by unanimous vote of Council . S. RESOLUTION No. 81-26 A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPT- ING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN SUMMERFIELD No . 2 SUBDIVISION. la `s Motion by Coiincilm?n Brian , seconded by Councilman Cook to adopt with Resolution No . amended to read 81-26 instead of 80-26 . Approved by unanimous vote of Council . 9 . RESOLUTION No. 81-27 A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPT- ING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN SUMMERFIELD No. 3 SUBDIVISION . (a) Motion by Councilman Brian, seconded by Councilman Cook to adopt with Resolution No . amended to read 81-27 instead of 80-27 . Approved by unanimous vote of Council . 10 . RESOLUTION No. 81-28 A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPT- ING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN SUMMERFIELD No. 4 SUBDIVISION. (a) Motion by Councilman Brian, seconded by Councilman Cook to adopt with Resolution No . amended to read 81-28 instead of 80-28 . Approved by unanimous vote of Council . 11 . RESOLUTION No. 81-29 A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPT- ING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN SUMMERFIELD No. 5 SUBDIVISION. i PAGE 2 - REGULAR COUNCIL MEETING, April 13, 1981 (a) ;`lotion by Councilman Brian, seconded by Councilman Cook to adopt with Resolution No . amended to read 81-29 instead of 80-29 . Approved by unanimous vote of Council . 12 . RESOLUTION No . 81-30 A RESOLUTION EXPRESSING APPRECIATION OF THE CITY OF TIGARD TO DAVE HA.LMES FOR PUBLIC SERVICE AS A MEMBER OF THE TIGARD POLICE RESERVES . (a) Mayor Bishop requested City Recorder to read into the record the entire resolution . (b) Motion by Councilman Brian , seconded by Councilman Scheckla to approve . Approved by unanimous vote of Coi.incil 13 . ORDINANCE No. 81-16 AN ORDINANCE CALLING FOR A SPrCIAL ELECTION TO SUBMIT TO VOTERS TAX LEVY FOR CONSTRUCTION OF BICYCLE PATHS/PEDESTRIAN WALKWAYS . (a) City Administrator expressed the City ' s appreciation to the students of Fowler Junior High , that had been involved in developing the ordinance , and the request for ^d`ji ti (Dr- 1and walkways in the City. He recommended the Council approve the ordinance . (b) Mayor Bishop also extended his appreciation to the students for their help in this matter . (c) Motion by Councilwoman Stimler, seconded by Councilman Cook to adopt . Approved by unanimous vote of Council . (d) City Administrator inquired if the students wished to deliver the ordinance to the elections department at Washington County as part of the process . The students expressed interest i.n delivering the ordinance to the elections department and stated they would do this on April 14, 1981 . 14. RATIFY OLCC APPROVAL ACTION OF 3-30-81 .Grace Restaurant Company, Plankhouse #117 , 10935 S .W. 69th Ave . , Tigard, DA Application. .Ross-Chance Inc . , Hokies Pizza House , 14385 S .W Pacific Hwy, Tigard, R Application. NEW APPLICATION Fred Meyer, Inc . , Eve ' s Buffet , 11565 S .W. Pacific Hwlv , Greater Privilege request Dispenser Class A Application. PAGE 3 - REGULAR COUNCIL MEETING, April 13 , 1981 (a) City Administrator reported Police Department recommended approval of the greater privilege request . (b) Motion by Councilman Cooic, seconded by Councilman Brian to approve the new application and ratify action of the 3-30-81 Council Meeting for the OLCC applications . Approved by unanimous vote of Council . 15 . DAVID CHURCH REQUEST - REGARDING COUNCIL DENIAL (12533 S .W. Grant) (a) Legal Counsel advised Council briefly of the history in this matter and stated that Mr. Church ' s Attorney has requested that Council reopen the hearing with the proper appeal request paper in their packets . (During the first appeal hearing this was omitted from the packets for Council . ) Legal Counsel_ recommended Council reopen the hearing to save the City time and expense of court hearings . He stated that this hearing would be ' on the record only ' and could be held on April 27, 1981 . (b) Consensus of Council was to reopen the appeal hearing on April 27 , 1981 . The appear request papers will be placed in the packets , however, no new testimony will be allowed . i:Zii%ivriL INbURANCE FOR FIRE AND POLLING EQUIPMENT. (a) Finance Director reported that a bid had now been received from J. G. Newman, who had previously refused to give a quote , for the Fire and Extended Coverage and Special Property Floater Insurance . J . G. Newman bid $3 ,815 for thewhole package . Chubb Pacific had re-evaluated their bid and noticed that they had used improper values on the combined policies and submitted another quote in the amount of $3 , 748 . The Finance Director recommended Council award the bid to Chubb Pacific as low bidder. (b) Motion by Councilman Cook, seconded by Councilwoman Stimler to renew insurance with Chubb Pacific . Approved by unanimous vote of Council . 17 . RESOLUTION No . 81-31 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD, OREGON (Smith - 104th & .McDonald) (a) Mayor Bishop advised audience that citizens had been notified of the island areas under consideration. (b) Mr. Bob McGuire, 8470 S .W. Pfaf£le stated he was not in favor of his home being annexed into the City. It was- noted that this item was not under consideration at this time . r PAGE 4 - REGULAR. COUNCIL MEETING, April 13, 1981 (c) Planning Director briefly explained the procedures used in island annexaticns and some services which the City offers to its residents . (d) Councilman Cook moved to approve . Councilwoman Stimler seconded the motion. Approved by 4-1 majority vote of Council , COuncllman Scheckla voting nay. 18 . RESOLUTION No . 81-32 A RESOLUTION INITIATING ANNEXATION TO Till" CITY OF TIGARD, OREGON . (Scholls Ferry Road R. O.W. - Scholls Ferry Road and Conestoga) (a) Mayor advised Council of his support of this annexation to have jurisdiction of the entire length of Scholls Ferry Road on the south side . (b) Motion by Councilwoman Stimler , seconded by Councilman Brian to approve . Approved by 4-1 majority vote of Council , Councilman Scheckla voting nay. 19 . RESOLUTION No . 81-33 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD, OREGON (Coles Acres - 114th & (a) Mike Funk, 14365 S .W. 114th Avenue , presented Council with a petition signed by 11 households in the annexation area , registering their opposition to the annexation Drnposal . Gay Hugus , 14355 S .W. 114th Avenue , discussed her reasons for opposition to the annexation. Ray Heller, S .W. 114th Avenue , also noted his opposition to the proposal . (b) Council discussed with the citizens some of the services provided by the City and noted that residents in the area did not need to hook up to the sewer upon annexation into the City limits . Other areas of concern that were addressed by both Council and audience was that of street maintenance , tax rate , LID proposals for street and sewer improvements . (c) Motion by Councilman Cook, seconded by Councilwoman Stimler to approve. Approved by 4-1 majority vote of Council , Councilman Scheckla voting nay. PAGE 5 - REGULAR COUNCIL MEETING , April 13 , 1981 20. RESOLUTION No. 81-34 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TICARD, OREGON . (Milne - 103rd & McDonald Street) (a) Melvin Probst , owner of Tax Lot 1300 advised Council he had not received notice of proposal , however, was not in opposition to the annexation. (b) Motion by Councilman Cook, seconded by Councilwoman Stimler to approve . Approved by 4-1 majority vote of Council , Councilman Scheckl.a voting nay. 21 . RESOLUTION No. 81-35 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD, OREGON . (Neilsen - 9Sth & Durham Road) . (a) Mr. Neilsen, of SW Durham Road, spoke regarding his opposition to the proposal . (b) Motion by Councilwoman Stimler, seconded by Councilman Cook to approve . Approved by 4-1 ma Drily vote of Council Co„rcil cc P. J m_ n hecicla voting nay. 22 . RESOLUTION No. 81-36 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD, OREGON. (Peck - 109th & Naeve Road) (a) Mayor noted that Mrs . Peck has filed a letter of oppositon to the annexation proposal which had been received under agenda item No. 5 (c) . (b) Motion by Councilwoman Stimler, seconded by Councilman Brian to approve. Approved by 4-1 majority vote of Council . Councilman Scheckla voting nay. 23 . RESOLUTION Nc . 81-37 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD, OREGON. (ODOT - Pacific Highway at Fred Meyers) . (a) Planning Director stated that this area of right-of-way had been overlooked in the past when Fred Meyer ' s annexed into the City. (b) Motion by Councilwoman Stimler, seconded by Councilman Brian to approve. Approved by unanimous vote of Council . PAGE 5- REGULAR COUNCIL MEETING, April 13 , 1981 24. RESOLUTION No. 81-38 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD, OREGON. (Walnut SLreet right - of-way - Walnut & 128th) . (a) Council requested that staff include all areas on Walnut Street between 124th Avenue and 129tiI Avenue that were not in the City limits at the present time . (b) Motion by Councilman Brian, seconded by Couilcilwoman Stimler to approve with additional right-of-way noted . Approved by 4-1 majority vote of Council , Councilman Scheckla voting nay . 25 . RESOLUTION No. 81-39 A RESOLUTION INITIATING ANNEXATION TO TME CITY OF TIGARD, OREGON . (Pacific highway Right-of-Vlay - Pacific highway and Naeve Road) (a) Mr. Chalmer George , 1535 S . E. 58th, Portland 97215 , stated that he was the owner of half of tax lot 700 and was interested in annexation. (b) Motion by Councilwoman Stimler, seconded by Councilman Briari to annex the Pacific Highway right-of-way and tax lots 600 and 700. Approved by unanimous vote of Council . 26 . RESOLUTION No. 81-40 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD, OREGON. (Davies - 74rh Avenue. , South of Bonita Road) . (a) Planning Director discussed development proposals and area . (b) Motion by Councilman Brian, seconded by Councilman Cook to approve . Approved by 4-1 majority vote of Council , COMICilmall Scheckla voting nay. 27 . RESOLUTION No. 81-41 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD, OREGON. (highway 217 Right- of-Way) (a) Joyce Peters , 10860 S .W. 95th, stated she opposed the annexation procedure . Eileen Huff, 10940 SW 95th, opposed the annexation . Ron Johnson, 9095 SW North Dakota , filed opposition to the manner in which the annexation is being initiated, however, did not oppose the annexation. Claude Hampton - TRFPD - advised citizens that the fire district will be able to transfer calls through the 911 system which will speed up response time in all emergency situations . f (b) Motion by Councilman Cook, seconded by Councilwoman Stimler to PAGE 7 - REGULAR COUNCIL MEETING, April 1.3 , 1981 approve . Approved -y 4-1 majority vote of Council , Councilman Scheckla voting nay. 28 . Planning Director advised Council that next Monday evening (4-20-81) there will be discussion of the North Dakota & Tigard island . if people have not been advised of the hearing date , Planning Department will do so. 29 . APPROVE REFUND R. A. CRAY & CO1,1PANY (a) City Administrator stated that R. A. Gray & Company had made application about 2 years ago for two industrial buildings on 95th Avenue . Since the buildings had not been constructed , the contractor was requesting a refund for the building permits and and system development charges for roads which were paid at the time of application. The City Administrator recommended approval in the amount of $2 ,367 . (b) Motion by Councilman Brian, seconded by Councilman Cook to approve refund. Approved by unanimous vote of Council . 30 . COMPREHENSIVE STORM WATER MANAGEMENT MASTER PLAN (a) Director of. Public Works gave a status report to the Council on the plan . CH2M-11ill has submitted the plan in three volumes , staff has reviewed and sent back to C112M-Hill for slight revisions and the plan will be ready for Council_ review in about one month. 31 . AUTHORIZE TWO MONTHS RECEPTIONIST POSITION (a) City Administrator reminded Council that the Budget Committee has already seen the request from the Finance Director for a position of Receptionist being funded in the 1981-82 fiscal year. He stated that this position is currently funded by CETA, however, that funding will terminate April 30 , 1981 . He requested Council consider funding that position for two months until the 1981-82 budget year. Council discussed whether to sign an agreement with CETA to pick up the position on 7-1-81 aT . take advantage of a 50% match program they have for training new employees being transferred to full. time employment from the CETA program. (b) Motion by Councilman Brian, seconded by Councilman Cook to sign a contract with CETA to qualify for the 50% funding for the months of May and June . Approved by unanimous vote of Council 7. PAGE 8 - REGULAR COUNCIL MEETING, April 13 , 1981 (c) Finance Director advised Council that the staff plans to hire the person currently filling; the position . 32 . ORDINANCE No . 81-17 AN ORDINANCE AiIINDING ORDINANCE No . 80-97 RELATING TO THE S .[-T. 92ND AVE BITE SFI-JER I.MPROVE.- A1ENT DISTRICT (LII) x#24) BY ADDING SECTIONS PERMITTING THE ISSUANCE, OF GENERAL OBLIGATION IMPROVEMENT WARRANTS ; DECLAR INC; AN El%IERGI NCY . (a) Finance Director requested Council amend Section 1 paragraph 2 line 4 to read $15 ,000 . 00 instead Of $9 ,367 . 084 . She also recommended approval for this housekeeping ordinance . This will satisfy the bank ' s requirements for issuing warrants . (b) Motion by Councilman Brian , seconded by Councilmen Scheckla to adopt as amended. Approved by unanimous vote of Council . 33 . ORDINANCE No. 81-1.8 AN ORDINANCI=. AMENDING ORDINANCE. 81.-08 , RELATING, TO THP S .W. HAMPTON STREET STREET I,,IPROVEMENT DISTRICT; CORRECTING A TYPOGRAPHICAL ERROR ; DECLARING Aiv EMERGENCY. (a) Finance Director stated this was a housekeeping ordinance and would correct a typographical error in the original ordinance: . (b) Motion by Councilman Brian, seconded by Councilman Scheckla to approve . Approved by unanimous vote of Council . 34 . OTHER (a) .Mayor Bishop requested Council complete their forms for the annual evaluation of the City Administrator. Consensus of Council was to complete during the week and turn in to the Mayor on April 2.0 ; 1981 for consolidation for a final report . (b) Mayor Bishop reminded Council to file their reports with the State of Oregon Ethics Commission. The deadline for filing is April 15 , 1981 . (c) Mayor Bishop advised Council that he had received a letter from the US Corp of Engineers noting that a copy of their water resources book will be available at the Tigard LIbrary . (d) City Administrator stated that the Lounty plan for CDBG monies has been approved by the Policy Advisory Board, the County Commissioners and is now at HUD for final approval. which should be received by the first of July. (e) City Administrator noted that a letter had been received from TRFPD requesting the Council select a citizen to serve on a committee to establish parameters for ambulance services provided within the district . After discussion by Council and staff, Mr. . Claude Hampton was recommended to serve on the com- mittee . Mr. Hampton is a Tigard resident and an employee of the fire district . (f) Finance Director requested approval for a progress payment for D. M. Thompson for the senior center project in the amount of $58 ,087 . PAGE 9 - REGULAR COUNCIL MEETING, April 13, 1981 Motion by Councilwoman Stimler , seconded by Councilman Cook L0 approve payment . Approved by unanimous vote of Council . (g) finance Director advised CUuncil that Mr . John Butler had submitted a letter for Council consideration under Agenda item no.5 (c) and was present in the audience . Consensus of Council was to discuss this item further at a future Council meeting. Council thanked fir . Butler for his input and recognized that some act could be taken in regard to assessment districts . (h) Councilwoman Stim-ter questioned the storage of barrels on 74th Avenue . Director. of Public lJorks stated he h,--t(.1 reviewed the situation and found the barrels to be stable and in, a temporary storage area . (i) Councilman Brian stated he had a name for the civic center development committee which is proposed and will submit it to staff for future reference . (j ) Councilman Brian asked what progress was being made on the office space which staff is investigating . Director of Public Works reported that he and the City Admire- -- -- istrator were currently pursuing office space possibilities . They will report to Council as soon as any information is available . (k) Director of Public Works reported that Thursday (4-9-81 ) a meeting was held with the people from the 72nd Avenue LID project . Lengthy discussion followed regarding the meeting and the direction the City will take in the project . Director of Public Works will be meeting with the project area participants in the near future and will keep Council aware of any new developments . 35 . ADJOURNMENT: 10 : 12 P.M. City Recorder ATTEST: Mayor t PAGE 10 — REGULAR COUNCIL 11,1EETING, April 13 , 1981 NrY-4-- PAYMENT OF BILLS FOR COUNCIL APPROVAL PROGRAM BUDGET MARCH 31, 1981 Community Protection Police _2657.89 Public Works 9.230.82 Municipal Court 897.16 Planning 1.404.46 Building 1.100.02 Total Community Protection 36,290.35 Home & Community Quality Public Works 7,525.92 Social Services Library 2.169.19 Aged Services 20-27 Youth Services 175 Historical Total Social Services 2.304.78 Policy & Administration Mayor & Council 1.215.00 Administration 1,22-3A WA Finance 1078-77 Total Policy & Administration 2.816.13 City Wide Support Functions Nan-departmental 11,165.67 Misc. Accounts (refunds & payroll deductions, etc.) 41,981.33 CAPITOL BUDGET Community Protections Road Acquisition & Bev. Parks Acquisition & Dev. Storm Drainage Total Community Protection Support Services Building Improvements 18.81 DEBT SERVICE General Obligation Band Bancroft Bond 17,307.99 UNIFIED SEWERAGE AGENCY Contract 88.210.08 TOTAL AMOUNT OF CHECKS WRITTEN 207.521.06 r e1 F f :•'arch 31, 1D91 Aldie -owt3rd, Pt ' Ti;arcs City- Comt_,issioners. :��a Dear Council: T ''he -lossar} of Terms that accompanied your letter mus-` have ?)een w,ittec cya. crild. Anyone with an otince of sense itnows %chat a city linits, llrban,Lrowth, is]-and, :.2 forced annexation is: We don't care to i;e involved in an,, one of their,. The aoove reasons are „ust a few of the many that is �;o3d enou h reason to ':at ,;c into the cit�r. You Eo on to list Metro, U.S.A., streets, and a Tax base. We Nave been to ed for _-etro, U. S A. streetsor roads for many ;;ears and tax :vases we --ot; :Too rnan-- in fact. As for LCDC, we have been under their thumbrany years, i':.?.0. we were already involved in. Local improvements we don't need., this is the Country. You list barba.-e collection at 45. 5, we only: pay 42.50 nnw_ Adding it all up it totals more money to ;;o into the City so we do not want any part of it. Accompanying this letter is a `'etition opposing an;;- Annexation of our prop--rty to i,-:,e City or Tigard. Sincerely, //,-,'> L. f i E ' d We the urdersi"-;.ped n ose the ar.:� xatiar ofLot .-1MOC, int'-e Cou--+ o_' ash o=j to the City :if Ti;ard! Jahn A. Butler CEIVEL7 9700 S.W. Omara APS 1 I Tigard, OR 97223 Tigard City Council cm w 11GARD City of Tigard Tigard, OR 97223 Regarding: Oregon House Bill 2854 Relating to Special Assessments Dear Mayor and Councilmembers, I 'm writing to suggest a change in Tigard 's special assess- ment/local improvement district ordnance so that it incorpor- ates changes proposed in the Oregon Legislature ' s House Bill 2854. Specifically, I believe the unique features of this bill that could be incorporated into Tigard's LID ordinance are: 1) Provides for a discription of the project and method of financing prior to the start of the project plus a determination and methods of assessment and 2) Provides for the distribution of response cards to affected property owners when the assess- ment district is proposed so property owners can indicate approval or disapproval of the assessment district plus halts formation of an assessment district if a majority of the cards indicate disapproval. I believe that by adopting the intent if not the actual wording of this House Bill, ;future local improvement districts/ special assessment districts: 1) Would be more fair to those involved since all involved would immediately have a majority vote on whether the LID is to be established, 2) Would create less friction between the city and those involved since all parties would know before the proposed LID is established, the LID 's financial impact, the method(s) of financing, and each property owners own cost, if any, and 3) Would possibly short- en the LID process by avoiding misunderstandings and remonstrance delays. Since this House Bill is written only to cover metropolitan service districts and not small cities, I therefore ask you to consider incorporating this into Tigard' s present ordinance. Thank you. Please, inform me of any meeting on this matter. Respectfully, OREGON LEGISLATIVE ASSEMBLY-4981 Regular Session Houlse Bili 2864 Sponsored by Representatives COHEN, BAUMAN. DAVIS, FARMER, LINDQUIST, L. ROBERTS, SPRINGER. WHALLON,Senators BROWN,MCFARLANv'D SYTNLMARY The following summary is not prepared by the sponsors of the measure and is no,a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as Introduced. Amends special assessment procedures for metropolitan service districts. Provides for ordinance describing project and method of financing prior to start of project. Provides procedures for distributing response cards to affected property owners when assessment district is proposed so owners can indicate approval or disapproval of assessment district. _ Allows majority of property owners returning cards,by indicating disapproval,to halt assessment district. Requires ordinance providing for method of assessment, estimate of amount of assessment,recording of assessment liens and for making of supplemental assessments. Allows majority of property owners returning cards,by indicating disapproval,to prevent assessments. Provides procedures for use of response cards. Makes reassessment procedures avaiiable to metropolitan service districts. 1 A BILI.FOR AN ACI' 2 Relating to metropolitan service districts;creating new provisions;and repealing ORS 268.510. 3 Be It Enacted by the People of the State of Or._oon: 4 SECIyON 1.Sections 2 to 6 of this Act are added to and made a part of ORS chapter 268. 5 SECIgON 2.Before construction or acquisition of a facility or the furnishing of a service which the district 6 is authorized to furnish and for which facility or service the district intends to establish a special assessment 7 district,the governing body of the district shall adopt an ordiriace that: 8 (1)Describes the facility to be constructed or acquired or the service to be furnished and the part of the 9 work to be undertaken immediately; to (2)Determines the manner of financing the construction or acquisition of the facility or the furnishing of 11 the service. The governing body may provide that the cost of such construction,acquisition or service shall be 12 paid in part by assessments against the property directly benefited or property contributing to the problem that 13 the construction, acquisition or service is designed to correct and in part out of general funds,ad valorem tax 14 levies, the proceeds of the sale of bonds, service charges or any combination of such sources. The 15 determination of the governing body as to the proportion of cost allocation shall be based on its sound 16 discretion; 17 (3) Describes one or more assessment districts, if any of the cost of the work is to be assessed against 18 property; 19 (4)If any of the cost of the work is to be assessed against property,contains provision for notices to be 20 mailed to affected property owners announcing the intention of the governing body of the district to construct 21 or acquire a facility or to furnish a service and to assess benefited property or property contributing to the 22 problem that the construction, acquisition or service is designed to correct for a part or all of the cost. The 23 ordinance shall require that notices mailed under this subsection shall be sent with response cards so that the 24 affected property owners can indicate approval of,or opposition to,the proposed facility or service; NOTE: Matter in bold face in an amended section is new; matter [italic and bracketed] is existing taw to be omitted; complete new sections began with SECTION. HB 2864 f21 1 (5)Provides for a hearing not sooner than 20 days after the mailing of the notices described in subsection 2 (4)of this section at which affected property owners may appear to support or object to the implementation of 3 the proposed assessment district and return their response cards;and 4 (6)Provides, when the majority of all the response cards received by the district not later than the end of 5 the district's usual business hours on the 14th day immediately following the hearing held under subsection(5) 6 of this section indicate opposition to the assessment district, the proposed assessment district will not be 7 established. 8 SECTION 3. (1) A district may levy special assessments against the property within the district in 9 proportion to the benefits such property might have or receive on account of the construction or acquisition of 10 a facility or the furnishing of a service which the district is authorized to furnish or in proportion to the degree 11 to which the property contributes or has contributed to the problem that the construction,acquisition or service 12 is designed to correct. However, if the cost, or any portion of the cost, of construction or acquisition of a 13 facility or the furnishing of a service is to be assessed against the property directly benefited or against property 14 contributing to the problem, the governing body of the district shall,before attempting to construct or acquire 15 the facility or to furnish the service,adopt a general ordinance providing for the method of assessment,for the 16 recording of assessment liens on such property and for the making of supplemental assessments and rebates. 17 The ordinance shall also: 18 (a)Contain provision for a notice to be mailed to each affected property owner announcing the intention of -- 19 the governing body of the district to construct or acquire a facility or to furnish a service,to create one or more 20 assessment districts and to assess benefited property for a part or all of the cost. The notice shall contain an 21 estimate of the amount of the assessment proposed on the property of the owner receiving the notice. The 22 ordinance shall also require that a notice mailed under this subsection shall be sent with a response card so that 23 the affected property owners can indicate approval of,or opposition to,the proposed assessments. 24 (b)Provide for a hearing not sooner than 20 days after the mailing of the notices described in paragraph(a) 25 of this subsection at which affected property owners may appear to support or object to the proposed 26 assessment. Any such objection shall state the grounds thereof. The district council shall consider such 27 objections and may adopt,correct,modify or revise the proposed assessments. 28 (c)Provide that,when the majority of all the response cards received by the district not later than the end 29 of the district's usual business hours on the 14th day immediately following the hearing held under paragraph 30 (b)of this subsection indicate opposition to the proposed assessments,the assessments will not be made. 31 (2)Assessments in the district shall,so far as practicable,be apportioned within the district in accordance 32 with the special and peculiar benefit each lot or parcel of land receives from the construction or acquisition of a 33 facility or the furnishing of the service or in proportion to the degree to which the property cont:ibutes or has 34 contributed to the problem that the construction,acquisition or service is designed to correct. 35 (3)Where parcels of land,or portions thereof,are undeveloped,the governing body of the district may, in 36 its discretion, defer assessing or imposing all or any portion of such special assessments for facilities or 37 services on such parcels until the parcels are served by the facilities or services. 38 SECTION 4.(1)A response card mailed by the district under section 2 or 3 of this 1981 Act shall contain on 39 one side the printed mailing address of an office of the district. On the other side, the response card shall 40 contain a simple and understandable statement of the district's proposed action for which the property owner's 41 approval is sought, a question relating to approval or disapproval which is phrased so that an affirmative 1 [31 HB 2864 1 response to the question corresponds to an affirmative vote for the proposed district action and clear Lam"^ '--—._t.:_"'.__-er'-- -- �$ 2 in5triia:iivit5 c�a uicae.su�n,�at:u„tative Gi rtcgaitvc CCSpOI1Se. ,._ 3 (2)Response cards shall be returned by mail or otherwise to the district not later than the I4th day after the 4 hearing held under section 2 or 3 of this 1981 Act. 5 (3)Response cards shall be retained by the district and made available for public inspection during usual 6 business hours at an office of the district for not less than 90 days after the hearing held under section 2 or 3 of 7 this 1981 Act. 8 SECTION 5. Any owner of property which has been assessed for part of the cost of the construction or 9 acquisition of a facility or the furnishing of a service which the district is authorized to furnish shall have the 10 right to pay the assessment in instalments. The property owner and the district shall have the respective rights, 11 duties and powers pertaining to assessments as are given to property owners and cities respectively under ORS 12 223.205 and 223.210 to 223.295. 13 SECTION 6. ORS 223.405 to 223.485, relating to reassessment,apply to the district, where applicable, in 14 connection with assessments made for the construction or acquisition of a facility or the furnishing of a service 15 which the district is authorized to furnish. 16 SECTION 7.ORS 268.510 is repealed. AGREEMENT This agreement made between LARRY LUDWIG and JUDY LUDvVIG, husband and wife (Ludwigs) and the CITY OF TIGARD ('.Phe City) W I T N E S S E T H: The Ludwigs are the owners of Lot 25, LAKE TERRACE NO. 2, in the City of Tigard, County of Washington, Oregon. The City has a sewer easement over the westerly portion of the property upon which the Ludwigs have constructed a retaining wall.. NOW, THEREFORE, the parties agree as follows: 1. The City will grant the Ludwigs the right to keep the retaining wall in its present location upon the sewer easement. 2. The Ludwigs shall pay for the cost of repair of any damage done by the retaining wall to the sewer lines underneath the retaining wall. 3. If the retaining wall is removed by the City for the repair, maintenance, cc,��scruction or reconstruction of the sewer line, all costs of doing so shall be paid by the Ludwigs. 4. This Agreement shall run with the land, and all of the Ludwig's obligations- herein shall become the obligations of their successors in interest in the property. IN WITNESS WHEREOF, the parties have executed this Agreement DATED this /3 day of F- *kftw ', 1981. ft�LU-0 G .7UDY UDalIG CITY OF TIGARD By: April 1, 1981 CHIEF OF POLICE: Please make reconunendation to Council on April 13, 1981 for the following OLCG ,application. Fred Meyer, Inc. Eve's Buffet 11565 SW Pacific Highway Tigard, Oregon 97223 Greater Privilege — Dispenser Class A License Requested. Was classified for beer and wine Thanks/Loreen , 17 [// I�`✓`�d v e� - d__. STATE OF OREGON ) ss. Count- of Washington ) +r_y 13 , 1981- Personally 981.Personally appeared the above named LARRY LUDWIG and JUDY LUDWIG and acknowledged the foregoing instrument to be their voluntary act and deed. Before Nie ` Notary rublic for Oregon My Corimission Expires : STATE OF OREGON ) ss. County of Washington ) February 1981. Personally appeared who, being duly sworn, did say that he is the of the City of Tigard, a municipal corporation, and that this ?agreement was signed on behalf of the City of Tigard by the authority of its city council, and acknowledged that the Agreement is its voluntary act and deed. Before Afe: Notary Public for Oregon I4y Commission Expires : / G April 6 , 1931 MW TO: CITY COUNCIL, FROM: FinanceDirector .J 1930-81 Premium Fire & Extended Coverage - Expires 4/9/51 , 2 ,038 Special Property Floater - Expires 5/19/81 1 ,212 $3 To give the Council some background on this renewal , it is our intention to combine the fire and property insu rance policies , thereby easing the paper work for renewal and possibly receiv- ing a better rate quote. Late Friday afternoon I received a call from Brian Dooney of Leonard Adams Agency regarding renewal of the above coverage . Apparently the insurance market for cities is becoming more competitive and at the time we received the rene-al gt"otes , Chubb Pacific was low. However , the last word on Friday is that J .G. Newcrian (who had previously refused to give a quote) will meet the Chubb Pacific quote or be slightly under . I do not have a specific The agent has reviewed their proposal and it provides the broad- est coverage for the price and will meet the city' s requirements . It would be my recommendation to combine the two policies , to accept J.G. Newman, if the quote is the same or lower than Chubb Pacific . This would place our liability, property and fire/extended coverage with one carrier . If for some reason Newman cannot meet the $3 ,839 . I would recommend we accept Chubb Pacific as our carrier. ., .. ;T - .— f,; <-� _ - _ ;�`. s - yi^ _ iS;�- ✓- �_ i.�. .+R, ..``: _ �s-''. >'�`:.. rs' _ -; _ n�l``� :;s, 'fr - -_ '-sy: �,.` ' i. Ai, • � � � � � �• � �A� l l�L� �� � Y t �-. v i1. � � • � fF -;1' n:�tc __ - J����'C.G 'f r- s .�_ i. „r • '�_• • :• � r, ti,:. r _ ��� a " _Y�t' S. C'1u _ - �%�� ,.,^—'1 a.� �', F_y I � '� � p � } t y i L' 7 �� S .. � r Z -ry � T :1„ R .� ,i ., ..., .. �: �, �..: ,.._.Yy ,. - w :: ,� .,. _ _ .. ... .._ ...... � .r .._ :..>_. ._ _ _ _ CITE' OF TIGARD PREMIUM SP,'2EAD AND COMPARISON I 1. Blanket All Property Per Statement of Value attached All Risks of direct physical damage excluding earthquake & flood and subject to standard policy terms and conditions. Replacement Cost $500. Deductible per occurrence Agreed Amount 2. Scheduled Equipment Floater All Risks as shown above I $100. Deductible Yy12,097. total values as per schedule on file with insured and Leonard Adams Company Automatic Acquisition Clause - not to exceed $50, 000. per item. . Coverage. also to include coverage for leased, rented and hired items. 3. Valuable Pa ers All Risks as shown above $100. Deductible $68,000. on valuable papers contained in metal filing cabinets CHUBB/PACIFIC INDEMNITY GROUP $ 3,748. 00 J•. G. NEWMAN/GULF INSURANCE CO. $ 3,815. 00 DEANS & HOMER/SOUTH CAROLINA INS. CO. $ 4,458. 00 MARYLAND? CASUALTY GROUP/NORTHERN INS. CO. $ 6, 015.00 FIREM."S FUND INSURANCE CO. $ 6, 038. 00 HARTFORD INSUFA14CE CO. $ 6, 580.00 t STATEMENT OF VALUES ® CF 16 15 (Ed. 05 77) Insured CITY OF TIGARD Headquarters Address Farm of Coverage: ❑ Actual Cash Value applies to Items XX Replacement Cost applies to Items ALL Indicate Form Numbers and Edition Gates to which these rates are to apply: (.Attach Forms and Endorsements which require completion to indicate specific information) Coinsurance ❑ 90% ❑ 100% Perils for which rates are requested: ❑ Fire Special Coverage Endorsement ALL RISK ❑ Extended Coverage - ___ _.. _ - ❑ Sprinkler Leakage subject to % Coinsurance ❑ Vandalism or Malicious Mischief ❑ Other' subject to _ %Coinsurance (specify) - State exact wording of the coverage as it will appe2r on the policy ` BLANKET ALL PROPERTY _ INSURED COMPANY,AGENT or BROKER All values submitted are correct to the best of my knowledge _.Statement of Values submitted by: and belief. Name Lc-nnar8 Adam- C'omn-3n3,r Signed --_ - Person to Contact Sharon L. PZantz Title Street P. O. Box AA Date City Beaverton State Ore —Zl,p 97075 For INSURANCE SERVICES OFFICE use only Rates Effective Fire E.C. V or W. CI: 16 15 (Ed.05 77) Page I Average TO BE COMPLETED BY COMPANY,AGENT OR BROKER 17 Baan ❑ Spe as�o ^ve;C U'Ptiierr, Location and,Occupancy Cover_ Ra erty te 6 No. of PropCovered age o Values Puub. Rate Adj. 1_ CITY HALL Bldg. r $ •190, 181. 12420 S. W. Main Tigard, Oregon ont. $ 120,203. 2. LIBRARY ldg. $ NIL 12566-68 S. W. Main ---- - Tigard, Oregon ont. $ 281, 612. 3 . POLICE STATION 9020 S. W. Burnham plag., $ 80, 728. Tigard, Oregon ont. $ 35,710. 4. FENCE $ 1,169. Located within 25 ' of ,police stn. GARAGE/MOWER SHOP 15. 12880 S. W. Ash ld $ 83, 662 . 1 Tigard, Oregon ont. $ 18,630. j 6. MAINTENANCE SHOPBldg. _ $ 75,139. 12880 S. W. Ash., Tigard, Oregon ont. $ 18, 630. i 7. SERVICE STATION 31dg. - - $ 4 ,802. 12880 S. W.- Ash Ti and O_re on ont. $ 2, 329. 8- CARPENTER SHOP ld $ 7,130. 12880 S. W. Ash Ti and Ore on ont. 1,395. 9. PAINT & STORAGE SHOP3ldcr. $ 3 ,560. 12880 S. W. Ash Tigard. Oregon ::ont. $ 2,000. 10. FENCE 5 760. ' ' .. COOK PARK S. W. 92nd 11_ REFRESHMENT STAND Bldq4 11 ,270. _.-- [Cont, $ 776. -- TOTALS AVERAGE RATES EFFECTIVE `-- _-- FIF L¢ B=Building S=Stock PK--Personal Property of the Insured PPO=Personal Property of Others Other--Specify Above CF 26 15 (Ed, 05 77) r i TO BE COMPLETED BY COMPANY,AGENT OR BROKER Average O Blzn O Spec 0 INo. DeScriptioft o Location ered and Occupancy Cane*- Rate Of age Values Pub. No. Rate Adj. 12. RESTROOM Bld $ 29.786. _ ont. $ 776. 13. FRAME PICNIC SHELTER Idq. $ 11,508. ont. $ 9 780. 14. FRAME COOK SHELTER ld $ 1, 260. �. ont. $ 20. WOODWARD PARK FRP.ME FOOT BRIDGE $ 51800- 16. 800,16. JACK PARK - RESTROO.MS Bld • $ 19, 600 Cont $ 310. 17. PUBLIC WORKS ANNEX Bld $ 28,300 Cont $ 2 000 18. COOK PARK SOCCER FIELD RESTROOMS Bld $ 43 344_ Cont $ i 000. 19. SUMMERLAKE FOOT BRIDGE $ 22 500 TOTAL 100% Values $lf120r670, t ` TOTALS AVERAGE RATES EFFECTIVE FIR A B=Builaiin8 S=Stock PPF=Pe�s�nat Property of the Insured PPti=Persona!Pr ►ty of Others Other—Specify Above CF 16 15 (Ed. 05 77) zy 4z 1, A, Alx�- INS= I1 R.a.Gray C®. corps-ruc ian March 26, 1981 Tigard City Council ATTN: Ed Walden Building Department City of Tigard City Hall P. 0. Box 23397 Tigard, Oregon 97223 Dear Sirs, R. A. Gray & Co. respectfully requests the refund of its building permit fees which were paid on the Durham—Hall Business Center for Buildings A and B, which were never built. It now appears that these buildings will not be built in the foreseeable -- future. Total building permit fees paid on Buildings A and B were $1 .256.00, After subtracting plan chacK fees, State surcharge, etc. , we believe that the refund would be appropriate at $967.00. We understand the Council must authorize such a refund, and we hereby request Ed Walden to present this request with his recommendation. If you need further information, please do not hesitate to contact me. Very truly yours, t�IJLl Bruce P. Clark BRCfkac 3• P. O. BOX 2 3 S 1 6 PORTLAND, OREGON 97223 PHONE (503) 639 -6127 Larch 26, 1981 Tigard City Council ATTN: Ed Walden Building Department City of Tigard P. 0. Box 23397 Tigard, Oregon 97223 Dear Sirs, When I built Durham—Hall Business Center, Buildings C and D, I also submitted plans for and paid the Systems Development Charge for Buildings A and B, which we have never built due to the economic climate. I hereby request a refund of those Systems Development charges in the amount of $1,400 total. ($700 each building based upon $50 per parking +paCv•j Thank you for your consideration. Very truly yours, George Edens 309 10th Street Lake Oswego, Oregon 97034 GE/kac �uv �7 cl r CIT TUEDING PERMIT APPLICATION �F TIGARD DATE 19 THE UNDERSIGNED HEREBY APPLIES FOR APERMIT FOR THE WORK HEREIN INDICATED BUILDER PHONE_� ? OR AS SHOWN AND APPROVED IN THE ACCOMPANYING PLANS AND SPECIFICATIONS. OuvNERPHONE LOT NO OWNER C gQ L r`rj }.t7 2r15 JOB ADDRESS 1623t.3' -f C;,i t ft HOME ADDRESS ARCHITECT BUILDER ISS ADDRESS ENGINEER DESIGNER tSTRUCTURE ]NEW ❑REMODEL OADDITION ❑REPAIR ORENEWAL ❑FIRE DAMAGE ODEIVIOLITION LJ RESIDENCE [COMM OEDUCATIONAL OGOV'T ORELIGIOUS OPATIO ❑CAR PORT OGARAGE 0 STORAGE OSLAB OFENCE R BOND 01ViOVING OCONDITIONAL USE 0DESIGN REVIEW OCOUNCIL APPROVED ❑SIGNS OCCUPANCY];t- l LAND USE ZONE I -•L BLDG.TYPE ? FIRE ZONE__ nPLAN CHECK BY E TW: HEAT E!-C10 1 ranstT'uct TfDdu3trrj.al WarL-Iliousat 13uildinq n. all ;-gr Inlan ' r only. No, L1CC11^rii''.ry pr._-17TT kill br•� iusesd t!nt 3 i r in r*sas�s �'xx a .'� �if- 3af Atv ria rOQUiraMonts. _r, all r_L.nant iMprovemen-.s< a, QCC. LOAD F nna I non HEIGHT NO cr R!E AREA NO EDROOMS VAI u❑ r r I BUILDING DEPARTMERIT „,; I"--- SETBACKS FROi'J%.:r_ �t E YL,,'"REAR LEFT SIDE RIGHT SIDE Permit vJ.` O Plan CheckTHIS PERMIT IS ISSUED SUBJECT TO THE REGULATIONS CONTAINED IN THE BUILDING CODE, ZONING s f• REGULATIONS AND ALL APPLICABLE CODES AND ORDINANCES, AND !T IS HEREBY AGREED THAT THE WORK WILL BE DONE IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AND IN COMPLIANCE WITH Sub tot14, ALL APPLICABLE CODES AND ORDINANCES. THE ISSUANCE OF THIS PERMIT DOES NOT WAIVE RESTRICTIVE COVENANTS. CONTRACTOR AND SUB CONTRACTORS TO HAVE CURRENT CITY BUSINESS State Ta ?v LICENSE.SEPAR EQUIRED FOR SEWER,PLUMBING AND HEATING. Total By PiAPPLICANT ORAGENT ApproveE7'_iReceipt No. nA k" a; jUILDING PERMIT APPLICATION CTY TIGARDOATE . 19 j THE UNDERSIGNED HEREBY APPLIES FOR A PERMIT FOR THE WORK HEREIN INDICATED BU I LOER PHONE :36-6291 OR AS SHOWN AND APPROVED IN THE ACCOMPANYING PLANS AND SPECIFICATIONS. OIVMER P*IONE LOT NO OWNER Gearge Edens JOBADDRESS16285 SW 81-ith HOME ADDRESS ARCHITECT jots Sacha BUILDER - QA d'1'1&4 ADDRESS ENGINEERDESIGNER STRUCTURE ONEW " CI REMODEL OADDITION OREPAIR ORENEWAL OFIRE DAMAGE ODEMOLITION 0 RESIDENCE CkOMM OEDUCATIONAL 0GOV'T ORELIGIOUS OPATIO OCAR PORT CIGARAGE 0 STORAGE©SLAB OFENCE GOND OMOVING 000NDITIONAL USE 0 DESIGN REVIEW OCOUNCIL APPROVED OSIGNS OCCUPANCY � LAND USE ZONE _4131-13G.TYPE___2N_FIRE ZONE_ ?PLAN CHECK By E TU HEAT all per a I nn a aode_ -- Construct Industrial Warehouse Suilding) i3. I- Re—Issue of 81doo A. PERMIT COVERS SHELL ONLY. NO Occungincy Pormit uill be is3urad -until building menta Fire & Life Safety area requirements. Permits are required on alt 4-.fgnnnf Impro%regauntg- 2C;II-4;P Permit srr- -3mmmrjr. A- QAC. FLOOR LOAD HEIGHT NO.STORIES ES AREA NO.BEDROOMS C,LOAD •vALuj230, BUILDING SE-I SACKS SEE PLA'C*'& R LEFT SIDE RICHTSInE THIS PERMIT 19 ISSUED SUBJECT TO THE REGULATIONS CONTAINED IN THE BUILDING CODE, ZONING Plan Check . U REGULATIONS AND ALL APPLICABLE CODES AND ORDINANCES, AND IT IS HEREBY AGREED THAT THE WORK WILL BE DONE IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AND IN COMPLIANCE WITH Sub-total *93. 50 ALL APPLICABLE CODES AND ORDINANCES. THE ISSUANCE OF THIS PERMIT DOES NOT WAIVE RESTRICTIVE COVENANTS. CONTRACTOR AND SUB CONTRACTORS TO HAVE CURRENT CITY BUSINESS State Tax 41;-7 Ie.34 LICENSE. SEPARA ITS REQUIRED FOR SEWER, PLUMBING AND HEATING. Total 334 SDC Bv P1 ETW APPLICANT OR AGENT Approved Receipt No. ---------- 1'" I �� � P.O. PROTH11011 EMU .O. BOX 127 ® TUALATIN. OREGON 97062 ! PHONE 682-2601 • RUSSELL WASHBURN. CHIEF April 9, 1981 RECEIVE® Raeldon Barker, City Administrator APR 13 1981 City of Tigard 12420 S.W. Main CITY OF TIS Tigard, Oregon 97223 Dear Mr. Barker: On March 31st of this year, the voters of the Tualatin Rural Fire Protection District voted overwhelmingly to establish para- meters for ambulance services provided within the fire district; specifically addressing response times and service levels. ORS 478.260 states that the fire district may operate or contract for the operation of ambulances. Since TRFPD does not plan operating ambulance services itself, some guidelines need to be established for the operational level of the services to be provided. The TRFPD feels the best way to approach this project is to establish a citizens committee to provide input on what the ambu- lance service levels should be within the district. If you could facilitate the appointment of a person to represent your city on this committee, it would be a great help to us. I would like to confirm a first meeting date during the first week of May to allow time to arrange everyone's schedule. Thank you for your time and consideration and if you have any questions, please don't hesitate to contact me. Sincerely, Kenneth R. Morss Di-visi'on Ciiief KM.dm Emergency Services cc; Chief Washburn A.C. Krebs P. Williams, EMS Officer Dr. Scott Miller, Physician Advisor Board of Directors Netro-West Ambulance Willamette Falls Ambulance ®�J1V� �— 2437 Pacific Avenue, Forest Grove, Oregon 97116 Telephone (503) 648-4887 April 9, 1981 Mayor Wilber Bishop Tigard City Hall Tigard, OR 97225 Dear Mayor Bishop: I am submitting my resume for your consideration for the position of Ci ty Attorn�y._ror tip Cid f Tigard. was-Assistant -County Counsel-For Clackamas County for near-ly--three (3) years, during which time I was counsel to the Board of County Commissioners for land use matters, and provided legal advice and litigation work for development services, utilities, traffic engineering, prop- erty management, solid waste, roads, code compliance and planning. I have worked extensively with the Clackamas County Board of County Commissioners drafting ordinances, Orders and defending their actions in Circuit Court, the Court of Appeals, the Land Use Board of Appeals and LCDC. I am currently in private prac- tice in Washington County, emphasizing land use, real estate and local government law. I understand that Mr. Bailey has tendered his resignation effective June 30, 1981. I would appreciate an opportunity to submit a for- mal proposal to the City for the provision of legal services, If I can provide you with any further information at this time, please don't hesitate to contact me. I am available, at your con- venience, to di cuss my qualifications in more depth. Since y, B H TNT ttorney at Law BB,/bm Enclosure ,- BETH BLOUNT RESUME APRIL 9, 1981 EDUCATION: B.A. , University of Nevada, Las Vegas, 1973 J.D. , Willamette University, 1977 PROFESSIONAL AFFILIATIONS: American Bar Association, member Oregon State Bar, member Washington County Bar Association, member Clackamas County Bar Association, member OSB Section on Real Estate and Land Use, member Forest Grove Planning Commission, vice chair ir'ho's Who in American Law, Second Edition EMPLOYMIENT EXPERIENCE: Clackamas County District Attorney 1975-77 Oregon City, Oregon 97045 Program Director/Certified Student Prosecu}or Responsibilities: Founder/Director-Rape Victim Advocate Program; program design, development, recruitment, training and administration. F Founder/Director-Night Prosecutor Program for Community Dispute Settlement; program design, development, recruitment, train- ing, LEAA grant and general administration, law enforcement agency in-service training. District Court Prosecution/traffic and mis- demeanors. Clackamas County Counsel 1977-1980 Oregon City, Oregon 97045 Assistant County Counsel Responsibilities: Land use and zoning enforcement/defense litigation and appellate work; counsel to the Board of County Commissioners for land use and zoning matters; general duties in- cluded legal advice and litigation work for development services, roads, utilities, traffic engineering, property management, solid waste, code compliance and planning departments, legislation and ordinance drafting. r_ ' d BETH BLOUNT RESUME APRIL 9, 1981 Page 2 EMPLOYMENT EXPERIENCE (Cont„ ) : Beth Blount 1980 - Present Attorney At Law 2437 Pacific Avenue Forest Grove, OR 97116 643-4887 General 'Practice with emphasis on land use and local government law; land use hearings officer for City of Molalla. PROFESSIONAL REFERENCES: Commissioner Bob Schumacher Clackamas County Board of County Commissioners 906 Main Street Oregon City, OR 97045 655-8581 Gene Ginther Ginther Engineering, Inc. 3800 S.W. Cedar Hills Blvd. Beaverton, OR 97005 643-5475 Charles Anderson First State Bank 11665 SW Pacific Highway Tigard, OR 97225 639-8657 .��� 1 MILLER, NASH, YERKE,WIENER & HAGER ATTORNEYS AND COUNSELORS AT LAW 1'00 5. W. FIFTH AVENUE ROBERT S.MILLER PORTLAND, OREGON 97204 FRANK E.NASH OF COUNSEL FRYERKE NORMAN RMAN J..WIENER TELEPHONE 15031224-5859 GRANT T.ANDERSON ORVAL O.HAGER M.CHR15 TtE HELMER JOHN W.HILL GRAHAM M.HICKS CUR W.CUT5FORTH DAVID C.CULPEPPER MAURICE O.GEORGES CABLE ADDRESS KIMG MAR" TELEX 364462 JAMESN.WESTW000 MARK C.NICLANAHAN RAPIFAX 15031 241-3666 TE LEC OPIER(503)224-0155 J BARRETT MARKS CLIFFORD N.CARL5EN,JR. DENN15 P,RAARK SON KENNETH W.HERO DONALD R .HERGEN HAN DONNA M.CAN ERON N J WILLIAM B.CROW JOHN .O.MOTTMICHAEL 0.MORAN HARVEY C.BROEFIE R p BRUCE A.RU IN CONGERALD A.FROEBE April 1 O 1901 THOMAS C.SAND OFA 0. ICHAIN E p , MICHAEL E.ARTHUR OFA D.OiC HAINE R.AJOHN A.LUSKY LAN WIGHT STEVEN O.ROSEN DAVID W.MORTHLAND EVE R.MORELAND DOUGLAS EN JOHN F.NEUPERT J.FRANKLINN CABLE MARY ANN FRANTZ RICHARD A.ED wA RDS DONALD P.BOURGEOIS DAVID M.MVNRO BRIAN B.DOHERTY JOHN R.BAKKENSEN KEVIN D.PADRICK LOUIS B.LI VINGSTON JEFFREY J.DRUGKMAN O.TER NICHTE.RV EL - JAN ETTE M.AALBREGTSE PETER C.RICHTER DAVID W.ANDERSON DONALD A.BURNS CHwNL25 BRICKEN RICHARD A.CAN DAY JEFFREY C.THEDE RICHARD A.CANTLIN.JR. RANDEE G.FENNER JOHN F.PURCELL RECE BLY DAVID W.BROWN Mayor Wilbur Bishop City of Tigard P. O. Box. 23397 Tigard, Oregon 97223 Mr. Raeldon Barker City Administrator 12420 S. w. Main Tigard, Oregon 97223 Gentlemen: We understand from discussions with Joe Bailey, your present City Attorney, that you may be looking for a firm to act as your City Attorney when Mr. Bailey relinquishes that post this summer. At Mr. Bailey's suggestion, we are writing to acquaint you with our firm. We are a firm of approximately 60 lawyers. Our practice is varied and encompasses almost all areas of law except criminal defense and domestic relations although we do on occasion handle matters in those areas. We presently represent the Portland School District and the Beaverton School District. One of our partners, Clifford Carlsen, was City Attorney for the City of Portland some years ago. Our practice is somewhat specialized by both department and individual attorneys and we would envision that you could draw upon our particular expertise as different matters come before you. For instance, we have a labor department comprised i MILLER,NASH,YERKE,WIENER & HAGER r Mayor Wilbur Bishop Mr. Raeldon Barker -2- April 10, 1981 of five persons who handle labor negotiations. We have a busi- ness section with particular expertise in contractual matters. We have a real estate department with a high level of expertise in land use matters. Our billing rates vary depending upon the experience and expertise of our lawyers. We would envision that a junior person would, after some period of orientation, handle most of your meetings and business on a day-to-day basis but that such a person would be able to draw on the resources of the firm for a particular matter which might require a greater degree of experience and expertise. We would bill on a time expended basis and would render bills on a monthly or bimonthly basis. If you would like to discuss this matter further with us, we would be pleased to meet with you at your convenience. Very truly yours, MILLER, NASH, YERKE, WIENER & HAGER F By 11%3HRD UrDFo e A WEEKLY NEWSLETTER FISCAL SLT_�+4ARY OF BLOCK GRANT ACTIVITIES. 4 If Tigard receives the $20,000.00 requested for the Downtown Revitalization Plan it will have received over one-half million dollars in the first three years of the Washigton County Community Development Block Grant Program. The following amounts have been received by the cities in the County: Beaverton - $502,224, Cornelius - $11, 590. , Forest Grove - 823, 385. , Hillsboro - $862,418. , North Plains - $101,444. , Sherwood - $809,396. , Tigard - $508, 225. , Tualatin-Durham - $495,956. The following shows what various agencies received; Edwards Center - $344,800. , El Centro Cultural - $489,870. , Forest Grove Senior Center - $103,385. , North Plains Senior Center - $9,458. , Shelter - $168,314. , Tualatin Valley Workshop - $8,800. , WCCAO - $205,557. ICMA CONFERENCE. The City Administrator and the Planning Director are attending a three day conference with the Oregon Section of the International City Management Association at Sunriver. The conference will addresstthe following topics; actions a City can take to conserve energy(solar ordinances), State and Federal legislative issues, local government insurance, differential taxation and economics. PLANNP,TG SECiZETARY RESIGNS. Viola Christensen resigned to take a part-t-.Tii Camby School system. C position with the !CDC POSTPONMENT. LCDC has postponed the acknowledgment request for our Compre- hensive Plan for 90 days. We will be notified of our review date. GRO14TH ALLOCATION WORKSHOP. Liz Newton, Assittant Planner, attended a Metro sponsored workshop last Tuesday in Portland. The purpose of the session was to discuss population and employment allocations and transportation issues. Two more sessions are scheduled for April 7th and 14th. THREE GRANTS. We have submitted three grant applications for Summerlake Park to Heritage Conservation and Recreation Service (HCRS) Department of the Interior through the State of Oregon Parks and Recreation Division. The three projects under consideration are land purchases, baseball and soccer fields and restrooms. s RFP MEETING HELD. Members of theDowntoI Committee met with about fifteen consultants last Wednesday, March 25th at Fowler to discuss the Request for Proposals for the Downtown Revitalization Plan. Staff has sent out 27 RFP's and has had additional requests. Deadline for submission -of a- response to -the RFP- is May lste --