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City Council Packet - 09/13/1982 �� .�.►r�.� —_ �i7�Qi�a�r-- TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign their name on the SEPTEMBER 13, 1982, 7:30 P.M. appropriate sign-up sheet(s) . If no sheet is FOWLER JUNIOR HIGH SCHOOL provided, ask to be recognized by the Chair. LECTURE ROOM 1. REGULAR MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff. Council & Audience For Non-Agenda Items Under Open Agenda 2. 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 for discussion and separate action. Motion to: 2.1 Approve the Minutes: August 16 & 30, 1982 2.2 Approve the Expenditures and Investments: $ 603.434.34 2.3 Receive and File Written Communications: e MACC/Cable TV Update 2.4 Approve Resolution No. 82-102 Transferring Funds 2.S Approve Resolution No. 82-103 Accepting Gentle Woods Subd. 2.6 Approve Resolution No. 82-104 Regarding State Shared Revenues 2.7 Consider OLCC Applications: Approve: e Floyd's Restaurant, 12725 SW Pacific Highway, New R Application e Skipper°s Seafood. 11685 SW Pacific Hwy. , Now R Application Deny: • Plaid Pantry, 14600 SW Hall Blvd. , New PS App. (Bonita & Hall) 2.8 Approve Resolution No. 82-IOS Approving Admin. Agreement Amendment 2.9 Authorize Notice to Caretaker 2.10 Ratify Board and Committee Appointments 2.11 Remand Back to Planning Commission "The Meadows" 2.12 Review Proposed Resolution Regarding Tigard's Urban Planning Area 2.13 Approve Ordinance No. 82-64 Amending Bond Sale Ordinance 82-63 RECESS CITY COUNCIL MEETING 3. TIGARD URBAN RENEWAL AGENCY • Call to Order & Roll Call e TURA Advisory Committee Report • Board Comment or Action • Adjourn TURA RECONVENE CITY COUNCIL MEETING 4. TIME EXTENSION REQUEST BY SOUTHWEST CHURCH OF CHRIST e Planning Director <� L 8 Jo A F ME PUBLIC HEARING PORTION OF MEETING 5. ZONE ORDINANCE AMENDMENT ZOA 7-82 PUBLIC HEARING A request by the City of Tigard to revise Chapter 18.84, Administrative Procedures changing public notice requirements for a derision made by the Planning Director; and revising Section 18.59.030, Site Design Review applicability. • Public Hearing Opened e Summation by Planning Director o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation of Planning Director ® Public Hearing Closed ® Consideration by Council • ORDINANCE NO. 82- Adopting ZOA 6. ZONE ORDINANCE AMENDMENT ZOA 6-82 PUBLIC HEARING A request by the City of Tigard to amend Chapter 18.32.020, C-4 Residential Commercial 'Zone, of the Tigard Municipal Code, adopted June f 21, 1982, to include Retail Commercial Uses as a Conditional Use in a C-4 Residential Zone. t 0 Public Hearing Opened • Summation by Planning Director r • Public Testimony: Proponents, Opponents, Cross Examination F • Recommendation of Planning Director i o Public Hearing Closed • Consideration by Council w ORDINANCE NO. 82- Adopting ZOA 7. 72ND AVENUE LID #21 ALTERNATE PROPOSAL PUBLIC HEARING - District Formation The Tigard City Council will accept public testimony from all property ! owners within the LID boundaries regarding the proposed district formation € 1 e Public Hearing Opened e Summation by Director of Public Works e Public Testimony: Proponents, Opponents, Cross Examination t s Recommendation of Director of Public Works r e Public Hearing Closed • Consideration by Council s ORDINANCE NO. 02- Forming Alternate District- S. istrict8. 72ND AVENUE LID 021 ALTERNATE PROPOSAL PUBLIC HEARING - Assessment HearinE I E The Tigard City Council will accept public testimony from all property owners within the LID boundaries regarding the proposed assessments. s Public Hearing Opened f e Summation by Director of Public Works w Public Testimony: Proponents, Opponents, Cross Examination ® Recommendation of Director of Public Works ® Public Hearing Closed o Consideration by Council ® ORDIN"CE NO. 82- Levying Assessments G PUBLIC HEARING PORTION OF MEETING CONCLUDED 9. WASHINGTON COUNTY TRANSPORTATION COMMITTEE REPORT o Director of Public Works 10. TIGARD°S 21ST BIRTHDAY 0 Report by the Mayor _ 11. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair under item 1.3 will be discussed at this time. All persons are encouraged to contact the City Administrator prior to the meeting. 12. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under OHS 192.660 (1)(f) and (1)(e) to consider pending litigation issues and real property transactions. 13. ADJOURNMENT r - --- T I G A R D C I T Y C O U N C I L s j?,F rjtLAR MEETING MINUTES - SEPTEMBER 13, 1982 - 7:30 P.M. 1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilors Tom Brian, John Cook, Kenneth Scheckla, Nancie Stimler (arriving at 9:40 p.m.) ; Director of Public Works, Frank Currie; Finance Director/City Recorder, Doris Hartig; City Administrator, Bob Jean; Clerk III, Patt Martin; Planning Director, William Monahan; Legal Counsel, Ed Sullivan; Office Manager, Loreen Wilson. e 2. CALL TO STAFF, COUNCIL, AND AUDIENCE FOR NON-AGENDA ITEMS UNDER UNDER OPEN AGENDA. (a) City Administrator requested following items be added to Open Agenda: .1 - Street/Greenway Dedications (Bonita Firs Subdivision) .2 - Resolution amending the call for Street Vacation and Hearing (Killian/72nd Avenue) 3. APPROVE MINUTES: AUGUST 16 & 302 1982 (a) Motion by Councilor Cook, seconded by Councilor Scheckla to approve minutes. Approved by unanimous vote of Council present. 4. APPROVE EXPENDITURES AND INVESTMENTS: $603,434.34 (a) Motion by Councilor Cook, seconded by Councilor Scheckla to approve. Approved by unanimous vote of Council present. 5. RECEIVE AND FILE WRITTEN COMMUNICATIONS: MACC/CABLE TV UPDATE (a) Motion by Councilor Cook, seconded by Councilor Scheckla to receive and file written communications. Approved by unanimous vote of Council present. 6. RESOLUTION No. 82-102 A RESOLUTION OF THE IGARD CITY COUNCIL AUTHORIZING THE TRANSFER OF (a) City Administrator advised Council of the revision o fr Resolution solu io for 82-102 noting that $1,000.00 does not nee.. o be travel & subsistence. (b) Motion by Councilor Cook, seconded by Councilor Scheckla to approve Resolution No. 82-102 as amended. Appro•-ed by unanimous vote of Council present. CITY COUNCIL EPTING 7. RESOLUTION No. 82-103 TH RESOLUTION BLIC OF THE TIGARD CCIMPROVEMENTS C CONSTRUCTED WITHIN GENTLE WOODS SUBDIVISION, SUBJECT TO HEREIN SPECIFIED CONDITIONS. ilor (a) Motion Resoluti n No.182103cilor CAcceptingr1Gentle Woodsded by Subdivision. to approve Res Approved by unanimous vote of Council present. ---- -- --- - ��ii 8. RESOLUTION No. 82-104 A RESOLUTION OF THE TIGARD CITY COUNCIL CONFIRMING THAT THE CITY PROVIDES A MINIMUM OF MUNICIPAL S;.RVICES IN ORDER TO BE ELIGIBLE FOR STATE-SHARED REVENUES IN LIQUOR, CIGARETTE TAX AND CERTAIN HIGHWAY FUNDS. (a) Motion by Councilor Cook, seconded by Councilor Scheckla to approve. Approved by unanimous vote of Council present. 9. APPROVE OLCC APPLICATION FOR FLOYD'S RESTAURANT, 12725 SW PACIFIC HIGHWAY. (a) Motion by Councilor Cook, seconded by Councilor Scheckla to approve OLCC Application. Approved by unanimous vote of Council present. 10. APPROVE OLCC APPLICATION FOR SKIPPER'S SEAFOOD, 11685 SW PACIFI; HIGHWAY. (a) Motion by Councilor Cook, seconded by Councilor Scheckla to approve OLCC Application. Approved by unanimous vote of Council present. 11. CONSIDER OLCC APPLICATION FOR PLAID PANTRY, 14600 SW HALL BLVD. (Bonita & Hall) (a) City Administrator stated a letter was submitted by the Chief of Police requesting denial of the OLCC application. However, in talking with the Chief, City Administrator said the Chief was not strong on the denial. The reason for denial was the location would not be in the primary commercial area. (b) Councilor Cook questioned why one store location would be denied and not another in the same general area. (c) Councilor Brian questioned if the residents were against the convenience store or the liquor being sold in the store. (d) Councilor Scheckla felt if one store was granted an application and not another this could be considered as discrimination. He recommended approval of the OLCC application. (e) Mr. Staver, representative for Plaid Pantry, stated the liquor license was approved for Durham and Hall. He stated if a convenience store were built at Bonita and Hall, it would not be cost efficient to build at Durham and Hall. He said he would prefer building on the Bonita Road site. o Council requested staff check in the back Council minutes to see when the Durham site was approved. C. PAGE 2 - COUNCIL MINUTES - SEPTEMBER 13, 1982 -aiill�rrNHll� f (f) Mike Marr spoke on behalf of the residents who opposed the Plaid F Pantry on Bonita and Hall. He stated a petition was in the process of being signed. They had just found out the Plaid Pantry had applied for a liquor license. He read the statement that appeared on the Petition. He also stated the residents opposed both the convenience store and the sale of liquor in the store. The residents were concerned for the safety of the children going to the store because of the speed of the traffic on Hall Blvd. and the surrounding streets. They did not want commercial businesses in their residential area. (g) Staff stated the reasoning for putting convenience stores in the surrounding residential areas was to draw attention away from the downtown commercial area and assist heavy traffic flows through city. t (h) Motion by Councilor Scheckla, seconded by Councilor Brian to approve p the OLCC application. 1 Approved by unanimous vote of Council present. t 12. RESOLUTION No. 82-105 A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING AMENDMENTS TO THE ADMINISTRATIVE AGREEMENT WITH ROBERT W. JEAN. (a) Motion by Councilor Cook, seconded by Councilor Scheckla to Approve Resolution No. 82-105 Approving Admin. Agreement Amendment. Approved by unanimous vote of Council present. 13. AUTHORIZE NOTICE TO CARETAKER (a) Motion by Councilor Cook, seconded by Councilor Scheckla to Authorize Notice to Caretaker. Approved by unanimous vote of Council present. 14. RATIFY BOARD AND COMMITTEE APPOINTMENTS (a) City Administrator brought to Council attention the handout regarding the appointment of Deane Leverett for the vacant position on Planning Commission or rNPO (b) Geraldine Ball asked the Mayor to read the i2 names ��� appointments for recognition. The names were read. (c) Motion by Councilor Cook, seconded by Councilor Brian to approve the NPO appointments and Planning Commission appointment as listed below. Mr. Deane Leverett, 8865 SW Scheckla Drive, Planning Commission Mr. Bruce Clark, 10840 SW Erroll Street, NPO #2 Ms. Mary A. Keski, 2385 SW 173rd Court, Aloha, NPO #2 Mr. Rick McMahon, 13111 SW 61st Avenue, Portland, NPO #4 Mrs. Geraldine L. Ball, 11515 SW 91st Avenue, NPO #4 Mr. Carl H. Johnson, 6155 SW Bonita Grove, L.G., NPO #4 Mr. Lou W. Christen, 17895 SW Shasta Trail, Tualatin, NPO #4 Mr. Gary Reid, 12700 SW 72nd (Bus.), NPO #4 PAGE 3 - COUNCIL MINUTES - SEPTEMBER 132 1982 a Mr. Louis Miller, 14660 SW 83rd, NPO #5 Joe Schweitz, 11020 SW Cottonwood Lane, NPO #7 Ms. Peggy Ober, 11385 SW Cottonwood Lane, NPO #7 Mr. Bob Irby, 11515 SW Hazelwood Loop, NPO #7 Mr. Michael A. Heim, 12885 SW Glacier Lily Circle, NPO #7 Approved by unanimous vote of Council present. 15. RESOLUTION NO. 82-106 IN THE MATTER OF THE REMAND OF APPLICATION M-1-82 TO THE TIGARD PLANNING COMMISSION. (a) Planning Director recommended the City Council pass a resolution remanding the application to the Planning Commission to afford the NPO, opponents and proponents a full opportunity to be heard before the Planning Commission. He stated the basis of appeal rests on the failure of the City to notify the NPO thus denying the NPO an opportunity to review and comment on the proposal. (b) Motion by Councilor Couk, seconded by Councilor Scheckla to approve Resolution No. 82-106 Remanding to Planning Commission "The Meadows". Approved by unanimous vote of Council present. 16. REVIEW PROPOSED RESOLUTION REGARDING TIGARD'S URBAN PLANNING AREA (a) City Administrator stated this item was for review only and no action to be taken. 17. ORDINANCE No. 82-64 AN ORDINANCE AMENDING ORDINANCE NO. 82-63 REGARDING BOND SALE # 15. (a) Motion by Councilor Cook, seconded by Councilor Brian to adopt. Approved by unanimous vote of Council present. RECESS: TIGARD CITY COUNCIL MEETING: 8:25 P.M. TIGARD URBAN RENEWAL MEETING CONVENED: 8:25 P.M. 18. ROLL CALL: Present: Agency Members Wilbur Bishop, Tom Brian, John Cook, Kenneth Scheckla; Director of Public Works, Frank Currie; Finance Director/City Recorder, Doris Hartig; City Administrator, Bob Jean; Clerk III, Patt Martin; Planning Director, William Monahan; Legal Counsel, Ed Sullivan; Office Manager, Loreen Wilson. 19. ADVISORY COMMITTEE REPORT (a) Motion by Agency Member Brian, seconded by Agency Member Cook to adopt the Advisory Committee Report. Approved by unanimous vote of members present. 20. ADJOURNMENT OF TURA MEETING: 8:28 P.M. RECONVENE CITY COUNCIL MEETING: 8:28 P.M. PAGE 4 - COUNCIL MINUTES - SEPTEMBER 13, 1982 21. TIME EXTENSION REQUEST BY SOUTHWEST CHURCH OF CHRIST (a) Planning Director recommended denial of request for extension, however, the City Attorney suggested recommending referral back to the Planning Commission. (b) Councilor Scheckla questioned if the Planning Director would also recommend denial to the Planning Commission. Planning Director responded that he would recommend denial to the Commission. (c) City Administrator stated two courses of action that might be taken: 1. Refer back to Planning Commission. 2. Council deny application for extension and applicant can then file an appeal. (d) Mayor Bishop requested the Planning Commission hear this issue and to waive the fee. (e) Motion by Councilor Brian, seconded by Councilor Cook to refer this item back to the Planning Commission with fee waived. Approved by unanimous vote of Council present. 22. ZONE ORDINANCE AMENDMENT ZOA 7-82 PUBLIC HEARING A request by the City of Tigard to revise Chapter 18.84, Administrative Procedures changing public notice requirements for a decision made by the Planning Director; and revising Section 18.59.030, Site Design Review applicability. (a) Consensus of Council to remove this item from the agenda until further notification from the Planning Staff. 23. ZONE ORDINANCE AMENDMENT ZOA 6-82 PUBLIC HEARING A request by the City of Tigard to amend Chapter 18.32.020, C-4 Residential Commercial Zone, of the Tigard Municipal Code, adopted June 21, 1982, to include Retail Commercial Uses as a Conditional Use in a C-4 Residential Zone. (a) Public Hearing Opened (b) Summation by Planning Director: The addition of General Retail Use Type as a Conditional Use in the C-4 Residential Commercial Zone. He stated this would be a Conditional Use and not a Permitted Use. (c) Public Testimony - No one appeared to speak. (d) Planning Director recommended the City Council approve the ordinance as submitted. [' (e) Public Hearing Closed (f) ORDINANCE NO- .82-65 AN ORDINANCE AMENDING SECTION 18.32.020, RESIDENTIAL COMMERCIAL ZONE, OF THE TIGARD MUNICIPAL CODE, AND DECLARING AN EMERGENCY. PAGE 5 - COUNCII. MINUTES - SEPTEMBER 13, 1982 (g) Motion by Councilor Brian, seconded by Councilor Scheckla to adopt Ordinance No. 82-65. Approved by unanimous vote of Council present. 24. 72ND AVENUE LID #21 ALTERNATE PROPOSAL PUBLIC HEARING - DISTRICT FORMATION The Tigard City Council will accept public testimony from all property owners within the LID boundaries regarding the proposed district formation. (a) Public Hearing Opened (b) City Administrator read staff report into record (see attached report dated 9-9-82). Staff's recommendation was that: o The 40 foot road be built under the bid price; o The road be within the existing 40 foot right-of-way and out to the 50 foot line with easements excepting intersections and occasional odd parcels consistent with existing easements; o That the City contribute 25% of the total project, if the lawsuit is dropped by September 24, 1982. (c) Councilor Scheckla questioned what problems would arise with an alternative compromise be adopted. (d) Legal Counsel reported that per ORS 294.100 & 105, the Council members are personally liable for overexpending the budget. He stated support of the City Administrator's interpretation of local budget law. (e) Public Testimony: Mr. Chuck Anderson, Pacific Western Bank, stated he was in favor of original assessment. Following people wanted to give public testimony on method of assessment: John Smets, in favor of 32' right-of-way, but encouraged a button-up of the project. John Skourtes, Weir Road Beaverton, stated he was upset with the sloppy staff work and requested cancellation of the traffic signals. Dwayne Moore, Southern Pacific, was in favor of the 40' street within the 50' right-of-way. He would encourage a 25% participation by the City• Joe Layman, Pac Trust, stated he would favor a 40' right-of-way. (( Mayor Bishop read the following letters into the record: l Mrs. Florence Archer Charles B. Anderson James B. Larsen of JB Enterprises Anthony Maksym Williams Air Control Watt Welding PAGE 6 - COUNCIL MINUTES - SEPTEMBER 13, 1982 (f) City Administrator recommended Council not pass the ordinance. He continued by synopsizing the comments by the audience and gave staff's position. (g) Council ,uestioned whether the railroad crossing or traffic signals could be talon out of the assessment. Staff responded they would check _ to the matter, and report back at the next Council meeting. (h) Public Hearing Closed (i) ORDINANCE NO. 82- AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF AUGUST 30, 1982 WITH RESPECT TO 72ND AVENUE STREET LOCAL IMPROVEMENT DISTRICT COMPROMISE ALTERNATIVE (LID #21); APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF STREET IMPROVEMENTS; DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO; PROVIDING FOR THE MAKING OF SAID IMPROVEMENTS, AND DECLARING AN EMERGENCY. (j) Ordinance failed for lack of motion. (k) Motion by Councilor Brian, seconded by Councilor Cook to accept City Administrator's recommendation per the report dated 9-9-82. Approved by unanimous vote of Council present. COUNCILOR STIMLER ARRIVED: 9:40 P.M. (1) Consensus of Council was to have staff look at status of traffic signals and railroad crossing as options in the district assessment method. 25. 72ND AVENUE LID #21 ALTERNATE PROPOSAL PUBLIC HEARING - Assessment Hearing The Tigard City Council will accept public testimony from all property owners within the LID boundaries regarding the proposed assessments. (a) Since Council did not form the alternative proposal district, this public hearing was determined to not be necessary. 26. WASHINGTON COUNTY TRANSPORTATION COMMITTEE REPORT (a) Director of Public Works presented verbal report on the transportation plan for the Washington County area. The committee is attempting to get more money for projects in the County before areas in Multnomah County apply for it. The next committee meeting will be 9-20-82. RECESS: 10:01 P.M. RECONVENE: 10.07 P.M. 27. TIGARD'S 21ST BIRTHDAY (a) Mayor Bishop gave brief synopsis of plans for the 21st birthday party. PAGE 7 - COUNCIL MINUTES - SEPTEMBER 13, 1982 28. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair under item 1.3 will be discussed at this time. All persons are encouraged to contact the City Administrator prior to the meeting. 28.1 BONITA FIRS DEDICATIONS: (a) Director of Public Works recommended approval. (b) Motion by Councilor Scheckla, seconded by Councilor Brian to accept. Approved by unanimous vote of Council. 28.2 RESOLUTION NO. 82-107 A RESOLUTION OF THE TIGARD CITY COUNCIL AMENDING RESOLUTION N0. 82-80 CALLING FOR A STREET VACATION PUBLIC HEARING FOR 72ND AVENUE (Killian Property). (a) Director of Public Works stated this was a housekeeping item and recommended approval. (b) Motion by Councilor Cook, seconded by Councilor Stimler to approve. Approved by unanimous vote of Council. RECESS REGULAR MEETING: 10:20 P.M. 29. EXECUTIVE SESSION: The Tigard City Council went into Executive Session under ORS 192.660 (1)(f) and (1)(e) to consider pending litigation issues and real property transactions. RECONVENE REGULAR MEETING: 10:53 P.M. 30. WATER STUDY REPORT (a) Councilor Stimler gave brief report on the status of the Water Study Committee and stated that they were still in the process of hearing testimony and reading background information. 31. ADJOURNMENT: 10:58 P.M. Doris Hartig, City Recorder ATTEST: Wilbur Bishop, Mayor PAGE 8 - COUNCIL MINUTES - SEPTEMBER 13, 1982 Date September 13, 1982 I wish to testify before the Tigard City Council on the following iter.?: (Please print your name) 1.3 Call to Staff, Council & Audience for Non-Agenda Items Under Open Agenda K Marie, Address & Affiliation Item Description 6 r'a )•1e L 4 I 1 /L�'I .� S �V,►_Gl/r1- _1 sr�C� C�. .L �' +, -�. �'J - rt a �LeTean.ac 2.12 Tiw� U CpNs�.tJT 1. �i!!6� X'744"��,�c • E i WNW i .R wi.sn co Les[ity betore the Tigard City Council on 9/13/82 the following item: (Please print your nam,e) - - _ t Iters Description: • E 72ND -AU:PNIIE LIP 421 ALTERNATE PROPOSAL PUBLL HEARTUO s District Formation , F • • Opponent (against) 'ropanece t (Eos) - .acses Address and AffiliationName, Address and Affiliation - wxsn Eo cesc3.zy Detore the Tigard City Council on 9/13/82 the following item: (Please print your nave) - Item Description: 72ND AyR�TF TtID ,f21 ALTERNATE PROPOSAL PUBLIC HEARING Assessment Hearing Opponent (agains t) raponent (For) Al reAddress and Affiliation Name Address and A£filaation _ 0 ._ E S' r` ('r G 1' k September 9, 1982 MEMORANDUM TO: Mayor and Council FROM: Doris Hartig, City Recorder SUBJECT: Agenda item 2.1 - 9/13/82 Meeting Staff has two sets of minutes available for your approval at this meeting. The minutes from August 182 23, and 29 are still being transcribed. lw ,Y [Fi I f PAYMENT OF BILLS FOR COUNCIL APPROVAL t PROGRAM BUDGET AUGUST 31 , 1982 Community Services Police 17,634.05 Finance & Records 8,073.64 Municipal Court 470.07 Library 7, 118.31 Social Services Total Community Services 33,296.07 Community Development Public Works 30,021 .63 Planning & Development 3,745.38 Total Community Development 33,767.01 Policy & Administration Mayor & Council 1 ,949.64 Administration 3,842.04 Total Policy & Administration 5,791 .68 City Wide Support Functions Non—departmental 33,705.21 Misc. Accounts (refunds & payroll deductions, etc. ) 47,580.70 Investments 368,938.21 DEBT SERVICE General Obligation Bond Bancroft Bond & LID Expenses 28,803. 11 UNIFIED SEWERAGE AGENCY Contract 51,552.35 ALL OTHER EXPENDITURES Civic Center Project TOTAL AMOUNT OF CHECKS WRITTEN 603,434.34 now i September 9, 1982 MEMORANDUM TO: Mayor and City Council FROM: Bob Jean, City Administrator SUBJECT: MACC/Cable TV Update Line Construction Progress: Most of the crews have been in the Rockcreek area completing the earlier obligations of the Metro/West Franchise. Crews are now shifting to the Hillsboro, Beaverton and Tigard areas as those HUB stations are now getting started. k HUB Station/Studio Progress: The main satellite and microwave station for the whole area was held up by a combination of land use and property negotiation problems. These have been resolved and construction should start this month. Meanwhile, groundbreaking on the Tigard HUB station was 9/7/82 and Beaverton is soon to follow. Since the whole system is a series of intereconnected HUB sites, all tied to the main Rockcreek HUB, the construction of the HUB sites is a precondition to energizing any service area. Other: Attached are three items of interest. (1) The MACC construction report which shows our target and progress. (2) The MACC review of audit proposals. Coopers was recommended by Beaverton Finance Director, ,David Chir_, for the most thorough audit, and Kelley/Peck was recommended by the MACC Administrator as adequate for now. (3) Senator Hatfield's Office responded on the status of Federal legislation. Seems we are in for change. lw METROPOLITAN AREA COMMUNICATIONS COMMISSION CONSTRUCTION REPORT MONTH OF August, 1982 • CABLE CONSTRUCTIRN SYSTEM.TOTALS • RESIDEN71AL Ao lied Issued Permits This Month 23 2 Total to Date 60 25 Total Required 194 31% 13% Aerial Under round Total Cable Placed This Month 4.92 1 .25 6.17 Total to Date 5.32 1 .92 7.24 AIM Total Required 633.48 458.02 1091 .5 Aerial Under round Total Cable Energized This Monti Total to Date Total Required • INSTITUf10ML Aerial Under round Total Cable Placed This Month Total to Date Total Required Aerial Under round Total Cable Energized This Month Total to Date Total Required t i r dim a im�i®l�f® lid iw ter- .s MACC CONSTRUCTION REPORT Page 2 HEADST AM HUBS nrE'�H � August- 1982 1 . Beaverton: Administrative Offices and Hub Site. 11 ,200 sq. ft. , single story SW. Brigadoon (near 141st and Millikan) Submitted for permit. City requested addi- tional information which is being provided. Permit, hopefully, will be issued by end of month. 2. Forest Grove: Hub Site. 1 ,600 sq. ft. , single story. 24th between Quince and Yew Streets. Permit approved by City. Has not been picked up by Atlanta Commercial Builders (ACB) , Storer's general contractor. Goundbreaking y will follow other hubs and headend. Time estimated early October. { 3. Hillsboro: Hub Site. 2,000 sq. ft. , single story. Main Street Extension near 12th Permit approved by City. Has not been picked up by ACB. Scheduled for groundbreaking following Tigard. k 4. Ti ard: Hub Site. 2,000 sq. ft. , single story. SW. 85th (south of the intersection of Hall Blvd. and Durham Road) . Permit approved by City. Has not been picked up by ACB. Scheduled for groundbreaking on Tuesday, September 7, 1982. y 5. Washington County: Main Headend. 3,600 sq. ft. , single story. SW. 173rd south of Cornell Road on the proposed Quadrant Business Campus. Submitted for permit. Delayed because of appeal made to County approval of Quandrant subdivision plan. Storer-Metro will be located in the Quadrant Insustrial Park. Mike McCloskey will make oral report. 6. Pacific University Access Studio z Scheduled to be complete by September 15, 1982. METROPOLITAN AREA CO MUNICATIONS COMIMISSION CONSTRUCTION REPORT A. 4r ; MONTH OF August, 1982 • CIIBLE CONSTRUCTION BEAVERTON RESIDMIT IAL Applied Issued Permits This Month 18 5 Total to Date 18 5 Total Required 18 100% 28% Aerial Underaround Total Cable Placed This Month 4.92 1 .25 6.17 Total to Date 5.32 1 .92 7.24 Total Required 70(7.6%) 11106.8(l .7%) 1176.8L4.OL. Aerial Underaround Total Cable Energized This Month Total to Date Total Required • UISTITUIONAL Aerial Underoround Total Cable Placed This Month Total to Date Total Required Aerial Underaround Total Cable Energized This Ptonth Total to Date Total Required i METROPOLITAN AREA CWMUNICATIO";S COWUSSION CONSTRUCTION REPORT MONTH OF August, 1982 s CABLE CONSTRUCTION KING CITY ® RES IDENT I A,L ADDlied Issued Permits This Month 3 0 Total to Date 3 0 Total Required 3 100% Aerial Underground Total Cable Placed This Month Total to Date Total Required 1 2.2 1 7.4 9.6 Aerial Underaround Total Cable Energized This Month Total to Date Total Required ® INSTITUTIQPWAL Aerial Underground Total Cable Placed This Honth Total to Date Total Required Aerial Underground Total Cable Energized This Month Total to Date Total Required 4 f t ' Y i METROPOLITAN AREA CO 1.1UNICATI0."(S COMi-IISSION CONSTRUCTION REPORT MONTH OF August 1982 • CABLE CUNSTRUCTI0N FOREST GROVE • RESIDENTIAL ADDlied Issued Permits This Month 18 0 Total to Date 18 0 Total Required 18 100% Aerial Underqround Total Cable Placed This Month Total to Date 29.3 11 .4 40.7 NI Total Required Aerial Underaround Total Cable Energized This Month Total to Date Total Required • INSTITUTIUIR4L Aerial Under round Total Cable Placed This Honth Total to Date Total Required Aerial Underqround Total Cable Energized This Month Total to Date ` Total Required .. METROPOLITAN AREA Cotir-10I CAT IONS COMMISSION { COMSTRUCTION REPORT A4E MONTH OF August, 1982 9 :SLE COi jSTWCT I OSI T I GARD PESIDa!TIAL ADDlied Issued Permits This Month 2 2 Total to Date 2 2 Total Required 28 7.1% 1 7.1% Aerial Underaround Total Cable Placed This Month Total to Date ` Total Required 49.8 35.8 85.6 Aerial Underaround Total z Cable Energized This Month ' Total to Date Total Required € E . INSTITUTIONAL Aerial Under round Total � 4 Cable Placed This t1onth Total to Date i 4 Total Required Aerial Underaround Total Cable Energized This Plonth Total to Date �V Total Required F F i P MEMORANUUM TO: Bill Tierney DATE:: August 20, 1982 FROM : David T. Chen SUBJECT: Evaluation of `cc Finance Director Audit proposals BEAVERTON EVALUATION OF MACC AUDIT PROPOSALS Evaluation Based on my experience and knowledge of some of the proposed firms, in addition to a review of the proposals, the following is a summary of my evaluation. Quality Hrs. Avg. of Involved Not to Com- Unit Firm Name Work to be Performed Work Personnel* Exceed mitted Cost Kelley, Peck 1. Financial Statements Fair Fair $ 625 12 $52.08 2. Management Letter Niemi, Holland 1. Financial Statements Fair ? 1,165 30 38.83 & Scott 2. Review of Franchise Agreement Price Waterhouse 1.Financial Statements Unacceptable Unacceptable 1,000 25 40.00 Kappel 1. Financial Statements Unknown ? 550 22 25.00 Morgenthaler 1. Financial Statements Unknown ? 1,100 ? ? Coopers & 1. Financial Statements Excellent Excellent 1 ,900 67 28.36 Lybran,: 2. Management Letter 3. Review of Franchise Agreement 4. Compliance Requirements - Legal disclosure - Budget laws - Franchise Agreement 05. Prepare Supp_____eDe Ary -Information that will allocate revenues and expenditures by all cities/county involved (reconcile revenues & expenses by entities) *(Note: "Quality of Work" and "Involved Personnel" are based on personal opinion. ) n DATE: APPROVED: J .� Q� r Bill Tierney August 20, 1982 Page 2 Other Comments By reviewing the proposals, it seems that Coopers & Lybrand is the only firm that has had two cable TV company audits. To the best of my knowledge, the same staff who audited the cable TV companies is proposed to audit MACC's. As we all know, cable TV company books are usually very complicated and require special understanding and knowledge. It is my opinion that it will be extremely helpful, especially in following years, that our auditors understand both MACC's books and functions as well as the cable TV company's. Furthermore, Coopers & Lybrand is the only company that pointed out that MACC is not required by statute to provide an independent audit. It demonstrates the level of expertise the Coopers & i Lybrand staff has. It is also my opinion and experience that it does not seem likely that anyone can sufficiently audit books and compile statements, regardless of how simple they are, and comply with the Local Budget Law within 30 hours. It is also my experience that 30 hours would be sufficient to provide a simple balance sheet type of financial statement. It unlikely that anyone can do the complete audit within 12 hours or even within 30 hours. I believe that if any firm would charge MACC for only 30 hours or less, either they only provide a bear-bones type of financial statement without review of the franchise agreement or compliance requirements, or they purposely lowered the fee for the first vear and will catch up in the following years (i.e. , Price Waterhouse's proposal, page 3) . I personally think it is a misleading method of doing business as certified public accountants. Recommendations From the above comparisons, it is easy to see that from a total not-to- exceed amount, Coopers & Lybrand appears to be high. However, they committed to provide service up to 67 hours. The average unit cost for Coopers & Lybrand turns out to be one of the lowest (at $28.36 per hour) . It is also my understanding that the reason Coopers & Lybrand proposed 67 hours maximum is because they anticipate doing more work than the other firms. They certainly demonstrated their knowledge of the cable TV business. There are a couple of companies, because of my personal experience with them, which I wouldn' t recommend to you and the Board. It is my opinion that if the Board desires to save money just to get minimum financial statements prepared, then the local firm would be good enough. If the Board wants to hire t a sophisticated company, not only for last year's records but also for the f future, to protect the Board in all financial transactions with cable TV companies and with all the involved cities and the county, then the Board should consider the better qualified firm to provide more information at a C higher cost. Bill Tierney August 20, 1982 Page 3 Since the proposals only quoted the maximum amount, it means that if the Board desires to reduce the scope of the work, eventually the total audit cost will be less, especially in the case of Coopers & Lybrand. Based on the above evaluation and comments, I believe Coopers & Lybrand would be the best choice in regard to the quality of work and the unit cost. Of course, the Board may wish to reduce the scope of the service in order to save the total cost of the audit for the prior year. C MARK D.HATFIELD.CHEM,CHAIRMAH TED STSVF.NS.ALASIU\ WILLIAM PRO%MIRE.W10. LOW ELL P.WEICKER.JR..CGNH. JOHN G STEINI3,MISS. JAMES A.MC CLURE.K ANO ROGERT C.CVRD.W.VA. PAUL LAxALT.HEV. DANIEL K.INOME.HAWAII I JAKE GARH,UTAH ERNEST F.HOLLINGS.S.C. � ��f Zonate e HARRISON SC/t"ITT,N.MEX. THOMAS F.EAGLETON,MO. it W it I�V THAD COCHRAN.MISS. LAWTON CHiLEl.FLA- MAK ANDREWS.N.DAK. J.CENNETT JOHNSTON.W. uwIC AaDNOR.s.DAK. WALTER D.HUDDLE-`TON,KY. COMMITTEE ON APPROPRIATIONS RODENT W.KAS--EPN.JR.,WIS. WEM'iH N.SURDICK.H.DAK. WASHINGTON. D.C. 20510 ALFON=.'L M.D-AMATO,N.Y. PATRICK J.LExHY.VT- MACX MATTINGLY.GA. JIM SASSER.TENPL WARREN CUDMAN.NJI. DEN,3 DE CONCINI.ARIL ARLEN SPECTER.PA. DAL:�'I 3• - August 2 4 , 1982 J.KE,T/KENNEDY,STAFF DIRECTOR 7HQMAS _VAN DER VOORT,MINORITY STAFF pIRE.CPOli Mr. William J . Tierney Administrator Metropolitan Area Communications Commission P . 0. Box 1957 Beaverton, Oregon 97075 Dear Bill: Thank you for sending a copy of your letter to the Senator regarding S. 2172• As you may have guessed, he immediately passed your letter to him to me as well. The Senator has decided to support S. 2172 after careful reading of the Committee' s report on the legislation. He appreciates the concern of the cities , however, at this particular point in time he feels there are adequate protections for the cities in the legislation. There will be a variety of amendments from Senators ` E suggesting a strengthening of the city' s position , vis-a-vis cable operators. Now that I've said this, I' ll make his position a little more clear and address the particular concerns of your letter. The Senator understands that there are significant changes sofo be made within sixty days, however enforcement of these types provisions would be very difficult to accomplish within that sixty-day period and its seems reasonable to assume that there will be amendments to extend that sixty-day period. There are specific grandfather clauses for programming set-asides and foreign ownership of cable firms and it seems reasonable to assume that the FCC will be most cautious in regulating and enforcing other provisions. The Senator firmly believes that the FCC should have authority over cable issues and as a point of fact , most cable regulation already falls within the jurisdiction of the FCC. This would merely be a codification of previous case law and FCC regulation. Regarding the limiting of franchise fees , the Senator is most concerned that the franchise fees should not be greater than the true cost of regulation. While MACC may be most responsible in its administration of its franchise fee set-up, many local jurisdictions would simply look at this franchise fee as a i revenue raising service. The net effect of this would be that �. cable rates within the community would be excessively high and service would suffer. There are adequate protections built into the bill for a 3 percent franchise fee to cover regulatory costs, and a waiver provision with no cap that allows municipalities and local governments to petition , the FCC for whatever rate they feel is appropriate. f Mr. William J. Tierney August 24 , 1982 Page 2 Bill, I am afraid this is a case where the Senator feels local regulation is not appropriate for every element of the cable industry and that the bill protects significant community autonomy over franchise contracts, multiple franchises and renewal based on performance standards, not on the whim of a small governing board. The Senator does not view this bill as protection for cable companies , he looks at it as a bill to protect cable users . This is not an indictment of MACC or of your administration . As a matter of fact, most Oregon communities have been scrupulously fair in their dealing with cable operators; however, this is not the case across the country and the time has come to do something about this situation. I am sorry that I have to bring you this sort of news. However, I believe that with certain amendments this legislation can work to the benefit of both cable operators and franchisers. Thank you for taking the time to share your letter to the Senator with me. I am sorry he disagrees with you on this issue. Kind regards. Sinc rel i Jeffr Arnold Legislative Assistant to Senator Mark 0. Hatfield JA/mah � ioaia®or mr ai - a . y M E M O R A N D U M TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JOY MARTIN, ADMINISTRATIVE ASSISTANT DATE: SEPTEMBER 3 , 1982 / SUBJECT: APPROVE EXPENDITURES FOR SOFTWARE DEVELOPMENT and DATA/WORD PROCESSING EQUIPMENT BACKGROUND On February 8, 1982 , Council approved the long-range data processing plan. Part of the plan was for software development for enhancements to the accounting system for $5 , 000. The work was not completed in 1981-82 fiscal year when funds were budgeted. The first phase has now been completed and the first payment is due. t Phase II of the plan included increasing the use of data/word processing technology by adding two word processing terminals and one data processing terminal . This is only part of Phase II _ Money for this equipment and maintenance is in the budget to be purchased as a three year lease purchase. The software package for engineering and survey, the flatbed platter, and TRS-80 enhancements are being researched and probably will not be purchased this fiscal year. DISCUSSION The first payment for the software is for $550 minus $200 for a disc, balance to be paid is $350 .00. The original quote of $5,000 now also includes the software for Municipal Court at no added cost. The work is going well . The two word processing stations installed in June have been very productive. Their workload consisting of large reports, repetitive documents, and excess from the secretaries has increased greatly. There is no doubt the work completed this summer could not have been completed without the technology. The two new terminals will be shared, one for Personnel , Administration and Public Works, and the other for Support Services . The later will r be for training and will be available by sign-out to all departments. The data processing terminal for Municipal Court is a used terminal , therefore saving the City $400 . This will make the time consuming records function more manageable and efficient. . . . Continued _ . . MEMO -- TO THE HONORABLE MAYOR AND CITY COUNCIL SEPTEMBER 3 , 1982 PAGE TWO FINANCING The total cost for two word processing terminals , one data processing terminal , and a disc drive upgrade (also scheduled) is $13 , 490 . This includes the first disc upgrade not ordered but delivered with the 2200 MUP in 1980 for $1 , 000. Wang will not allow us to purchase a second upgrade until the first is purchased. A three-year lease purchase will be $562 .41/month. The amount budgeted will cover the lease purchase, maintenance and extra cables and supplies. There was no competitive bidding since it is an enhancement to the current system, therefore a single supplier. RECOMMENDATION Staff recommends Council approve the purchase of the two word processing terminals, one used data processing terminal, and the disc upgrade as outlined above as a three year lease purchase agreement. This is within the approved plan and is to increase efficiency and productivity of staff . Staff also recommends Council approve the transfer of $5,000 which was appropriated last year for software development for work beginning last fiscal year. This is part of a Resolution on Consent Agenda, #2. 4. JM : dkr NINE B ► Nil SEP 3 1982 a .9 Ex�.cc�tiue Departmentd�1 Lia Lts Li L VICTOR ATIYE- 155 COTTAGE STREET N.E., SALEM, OREGON 97310 September 1, 1982 TO: Mayors City Recorders FROM: Robert L. Mo me Administrator SUBJECT: Required Resolution: State-Shared 'Revenue The Intergovernmental Relations Division is responsible for certification of eligibility of cities for state-shared reve- nues (cigarette, liquor and highway taxes) under ORS 221.760. The law provides that cities located within a county having more than 100,000 inhabitants, according to the most recent decennial census (1980) , must provide four or more of the following municipal services to be eligible to receive the revenues: e police protection, 4 fire protection, 4 street construction, maintenance and lighting, e sanitary sewers, Y storm sewers, planning, zoning & subdivision control, ® one or more utility services . In order to gain this certification, we will need to have a resolution from your Council which states that four or more of these services are being provided. A model resolution, appli- cable to your city under ORS 221. 760 is enclosed for your City Council action_ Please return a copy of the Resolution to this office by October 15, 1982. If you have any questions concerning the level of services or type of services which might qualify, or any other questions, please contact Dolores Smalley at 373-1998. Or use the toll- free state call-back system at 1-800-452-7813. ds _ x MEMORANDUM September 1, 1982 TO: City Administrator / City Council FROM: Chief of Police SUBJECT: O.L.C.C. Applications B New Applications F 6 1. Skipper's Seafood and Chowder House i 11685 S.W. Pacific Highway, Tigard 4 c 2. Plaid Pantry 14600 S.W. Hall Blvd. , Tigard i R i Sir: i It is recommended that the new Skipper's application be approved. The business is well known, and the location of the business is compatible . to the surrounding area. This is a restaurant license application which e authorizes the sale of beer and wine. See attached O.R.S. 471.250. In regard to the new Plaid Pantry to be located at 14600 S.W. Hall Blvd. requesting a package sales retail license, it is recommended that this application be denied. This business is to be located in a residential area, and is a short distance north of the High School and the Durham r Grade School. The sanction for denial is stated in OLCC Administrative (` Rule 845-05-025, Sub. Sec. 2 (a) . See attached rule. Respectfully, i �.-BA-Cda-me�-, E t Chief of Police i I RBA:ac cc: City Recorder i I 'i a OREGON LIQUOR CONTROL COMMISSION OREGON AIDMINIS•rRATIVE RULES CIIAYrER 845 DIVISION 5 CRITERIA FOR ISSUANCE AND MAIN`MNANCE OF LICENSES er3t=U Cr—tk*Presumption Against Issuing I..ieense . 845-05-025'rhe following criteria will be given sufficient consideration so that a license will not be issued unless good pause which outweighs the criteria involved is shown by the applicant: (3) The applicant has or will have inadequate financial (1)An adverse recommendation by the governing body of resources or facilities to build and operate the licensed the appropriate city or county, after due consideration. The premises as proposed by the applicant. if the application is for recommendation may be disregarded by the Commission if the renewal, the applicant has not built or operated the licensed body has failed to give to the applicant and to interested' premises substantially as proposed by the applicant when the members of the public both reasonable- notice of the proceed- license was originally granted or previously renewed. .ings at which the application was considered and reasonable (4) The applicant seeks a Dispenser Class "A" license opportunity to be heard. under ORS 472.110(2)and has less than or is unable reasonably (2) Written opposition to the granting of the license. to project at least 25 percent ratio of food sales to gross sales stating reasons for the opposition,by a person having control of food and alcoholic liquor. ems: (5)The on-premises manager is unable to comprehend and e (a)A pre-elementary,elementary or secondary school; communicate in the English language to a sufficient extent to er (b)A church; cooperate in the enforcement of liquor and other applicable (c)A hospital,nursing facility or convalescent home;or laws. (d) A park, including amusement park, playground or (6)Court or medical records indicate that the applicant has recreational facility.if such facility is located within 500 feet of a record of abuse of alcoholic liquor or controlled substances. the proposed outlet in an urban or suburban area or within 1500 (7)The applicant has been convicted of a felony or of a feet in a rural area. Good cause which outweighs such written Class A misdemeanor involving moral turpitude. opposition may include. but is not limited to, other licensed (8) The applicant seeks a Package Store license in prerruses being located within the same distance of the conjunction with a license t_} sell alcoholic liquor for on- =apposing facility or the opposing facility begirming operation at premises consumption. when when the subject premises were licensed. (9)The applicant seeks a Package Store license at an outlet which sells petroleum products and does not or will not maintain a wide variety of grocery items. For purposes of this rule, "wide variety" means an inventory at cost to the applicant of not less than $5.000. For good cause shown. the Commission may disregard this criterion for licenses which were originally issued prior to August 29. 1979.the effective date of this rule. (10)The licensing of the premises would not be in the best interests of the community because of illegal activities of a recent history of altercations, noisy conduct or other distur- bances in or around the premises under the applicant's or other's ownership or control. (11) Any officer. director, or owner of more than ten percent of the voting stock of a corporate applic:w1t, or any general partner, or any limited partner whose investment commitment is more than ten percent of the total investment commitment of a limited partnership hasa record of abuse of alcoholic liquor or controlled substances,or has been convict- ed of a felony or of a Class A misdemeanor involving nioral turpitude. SMt.Auth.:Ot2S Ch.471 A 472 / Sltsi: LCC 46(rcmp), f. & cf. 1-21-74.ICC 47, f. 3-28-74,cf. (` 5-1-74•LCC 6-1978.L 6-23-78,cf.7-1-78•I.CC 16-1'979,f- 8-28-79,cf.8-29-79:Renumbered from 845-10-720 (3) The commission may require of every more than 14 percent by volume. In the ab- applicant for a license the recommendation in sence of municipal ordinance or local regula- writing of the county court in the event the tion to the contrary, such licensees shall be Place of business of the applicant is outside an permitted to allow dancing and to have and incorporated city, and of the city council if the permit singing and other proper forms of place of business of the applicant is:within an entertainment unon the licensed premises. incorporated city. The commission may take 1Amended by 1967 c.580§1; 1967 c.614 §§1.2; 1971 c.324 such recommendation into consideration be- 41; 1973 c.103§1; 197:1 c.395 441 fore granting or refusing the license. The 471.290 Application for license; fees. applicant shall pay to such recommending (1) Any person desiring a license or renewal of authority a fee determined by the governing a license shall make application to the com- body of the recommending authority, not to mission upon forms to be furnished by the exceed $25,for each application for a license. commission showing the name and address of (Amended by 1967 c.359 §693; 1977 c.518 §3; 1979 c.45 the applicant, the applicant's citizenship, §1;1979 c.264§sal location of the place of business which is to be 4771.250 Restaurant license. (1) A res- operated under the license, and such other taurant license shall allow the licensee to sell pertinent information as the commission may malt beverages containing not more than require. No license shall be granted or re- newed unit the provisions of the Liquor Con- eight percent of alcohol by weight and wine containing not more than 21 percent of alcohol trol Act and the rules of the commission have by volume to customers for consumption on been complied with. the licensed premises and shall permit the (2) Except as provided in this section, the patron to remove from the premises a contain- commission shall assess a nonrefundable fee er of wine the contents of which have been for processing each application for any license only partially consumed. authorized by ORS chapter 471 or 472, in an (2) In the absence of any municipal ordi- amount equal to 25 percent of the annual nance or local regulation to the contrary, license fee. The commission shall not begin to restaurant licensees shall be permitted to process any license application until the appli- have any proper form of entertainment for cation fee is paid. If the commission allows an customers upon the licensed premises. applicant to apply at the same time for alter- (3) Unless otherwise restricted, the privi- native licenses at one premises,only the appli- leges granted by any such restaurant license cation fee for the most expensive license shall to a hotel shall apply to all portions of the be required. If a license is granted or commit- hotel controlled or operated by-the person to ted, the application fee of 25 percent shall be whom the license is issued. (Amended by 1965 applied against the annual license fee. This C.280§2;1973 c.395§2;1977 c.332§6;1981 c.328§11 subsection shall not Apply to an agent's li- 471265 Retail malt beverage license. cense, a salesman's license, a manufacturer license shalt allow certificate of approval, a druggists license, a (1) A retail malt beverage lice health care facility license or to any license anyone operating a place of business where refreshments are served, to sell malt beverag- es containing not more than eight percent of days. alcohol by weight, and wine containing not (3)Subject to subsection(4)of this section, more than 14 percent by volume. the commission shall assess a nonrefundable (2) A retail malt beverage license shall fee for processing a renewal application for permit the licensee to sell(a) draft or pasteur- any license authorized by ORS chapter 471 or ized malt beverages for consumption on the 472 only if the renewal application is received licensed premises, (b) pasteurized malt bever- by the commission less than 20 days before ages in brewery-sealed packages for consump- expiration of the license. If the renewal appli- tion off the licensed premises, (c) unpasteur- cation is received prior to expiration of the ized malt beverages in brewery-sealed pack- license but less than 20 days prior to expira- ages containing not less than one gallon each tion,this fee shall be 25 percent of the annual for consumption off the licensed premises and license fee. if a renewal application is received (d) wine for consumption on the licensed . by the commission after expiration of the premises and wine in winery -sealed packages license but no more than 30 days after expira- for consumption off the licensed premises. tion,this fee shall be 40 percent of the annual license fee. This subsection shall not apply to (3) Such licensees shall not sell any malt an agent's license, a salesman's license, a beverages containing more than eight percent manufacturer certificate of approval, a drug- of alcohol by weight, nor wine containing gist's license, a health care facility license or 3 CITY OF TIGARD To: Chief of Police From: DAt. Sgt. L.Branstetter_ Subject' OLCC Application Date: 9-1'82 APPLICANTS: Skipper's Seafood ,& Chowder House 14450 N.E. 29th Place Suite 46200 Bellevue, Washington Business Location: 11685 S.W. Pacific Hwy Tigard, Oregnn Plaid Pantry 2540 N.E. Riverside St. Portland, Ore. Business Location: 14600 S.W. Hall Blvd. Regarding applicant Skipper's Seafood & Chowder House this writer does not have any reason to recoomend refusal of license as that businees is a well known resturant chain and the location where the proposed business is to be located is compatible with the surrounding area. Regarding the applicant Plaid pantry this Company is also a well known Company and writer has no reason to object to the Company being issued a license; however the location where the business is intended to be located is objectionable as it is in the heart of a residential area. Writer contacted the City of Tigard planning Department who also has concerns over the location, but indicated that a portion of that area is zoned for commrecial, but there is some indication that it may be changed because the zoning for commercial occurred many years ago prior to the area being - ..developed into a residential area. it is writers recomendation that a business license not be granted to the Plaid Pantry Company at -the requested location as it is not compatable with the surrounding residential area .and would• creat,e an additional Police problem that does not exsist at this time. L. Branstetter, Det. Sgt. i Avoid Verbal Messages A-1 CITY OF TIGARD To: Chief of Police From:_- Doris Hartig (Penny) f Subject: OLCC Applications Date:_ August 31, 1982 Please investigate and have recommendations ready by September 8th, so we can include them in the packets for the Council meeting of September 13th. Thank you. Skipper's Seafood 'n Chowder House - 11685 SW Pacific Highway, Tigard, Oregon 97223 Type of Application: Restaurant - new outlet. Plaid Pantries, Inc. - 14600 SW Hall Blvd., Tigard, Oregon 97223 Type of Application: New Outlet - Package Store License. i i i i i i t i iril t M AN .:. I j t r0� -�t 1 i�� ��y' STATE OF OREGON OREGON LIQUOR CONTROL COMMISSION rpt PA( E GENERAL INFORMATION „ �-0//"%� ��o8a APPLICATION FOR PACKAGE STORE LICENSE P�S The filing of this application does not commit the Commission to the granting of the license that you are applying for, nor does it permit you to operate the business named below. If a license is granted by the Commission, you will receive a LICENSE CERTIFICATE. �p No fee is collected by the OLCC until a LICENSE CERTIFICATE is to be issued. No. R 1688 (THIS SPACE IS FOR THE OLCC OFFICE USE) (THIS SPACE IS FOR CITY OR COUNTY USE) CIRCLE ?EQUESTED ACTION: NOTICE TO CITIES AND COUNTIES: Do not consider this New outlet ,1P?LIGATION RECEIVED application unless it has been stamped and signed at the Lesser privilege OREGON LIQUOR CONTROL COPAh1ISSi0D' left by an OLCC representative. New licensee THE CITY COUNCIL, COUNTY COMMISSION, OR COUNTY New partnerAu L-1 231982 3 1982 COURT OF New location (Name of city or county) LICENSE DIVISION RECOMMENDS THAT THIS LICENSE BE: GRANTED DENIED DATE By (Signature) TITLE — CAUTION: If your operation of this business depends on your receiving a liquor license, OLCC cautions you not to purchase, remodel, or start construction until your license is granted. 1. Name(s) of indiv(i�duall!applicant(s(�, partnership, or corporation: t� s d(, �� J!4�L_ �L 5�1t t� . ,\ (Name) (Address) (City) (State) (zip) - (2) (3) — (4) (EACH PERSON LISTED A VE MUST FILE AN INDI%{1AUAL HISTORY AND A FINANCIAL STATEMENT.) 2. Trade name of premises D , Vn 7^'G w /_-A b4 When filed: 4 CL-(-QZ-- -411- `W (Year name filed with Corporation Commissioner) 3. Former trade name 4. Premises address R L2 - --I Csta Lzt_ Waz-j'. O P. Q i Al-3 (Number, Street`Rural Route t� (C'Y) s (County) (State) (zip) 5. Business mailing address a` 4n ,( ss �'a'^�r -0-v0s.,tr, a7:ztt (P.O. Box, Number, Street, Rural Route) I (City] (State) (zip) 6. Was premises previously licensed by the OLCC?: Yes No If yes, year: --� a. If yes, to whom: 8. What is the local governing body where your premises is located: ' [��� N (Name of city or county) 9: Will anyone else not signing this application share in the ownership or receive a percentage of profits or bonus from this business? Yes No 10. OLCC representative making investigation may contact: (Name) � (Address) (Tel. No.­home, business, message) CAUTION: The administrator of the Oregon LiquoODF I Commission must be nttified if you are contacted by anybody offering to influence the Commissionyour behalf. ise Division -.,6%plicant(s) Signature (1) (n casb of corporation, duly (2) 0 gore Liquor ControF GbMrftjr>f 3fil ) 79'9 S.E. DIVISION! ST. �. � (3) PORTLAND. tea 97206 y (4) Original—Local government DATE 'orm 84545-484 (4179) SP103347-845 i STATE OF OREGON 9079 S.E. McLoughlin Boulevard P_0. Box 22297 PAGE =' 1 OREGON LIQUOR CONTROL COMMISSION Portland, Oregon 97222 t APPLICATION GENERAL INFORMATION The filing of this application does not commit the Commission to the granting of the license that you are applying for, nor dces it permit you to operate the business named below. If a license is granted by the Commission, you will receive a LICENSE CERTIFICATE. pati No fee is collected by OLCC until a LICENSE .CERTIFICATE is to be issued. .� (THIS SPACE IS FOR OLCC OFFICE USE) ) (THIS SPACE IS FOR CITY OR COUNTY USE) 'oplication is being made for: NOTICE TO CITIES AND COUNTIES: Do not consider this BOTTLER Greater Privilege application unless it has been stamped and signed at the BREWERY APPLICATION RECEIVED Privilege left by an OLCC representative. DISPENSER GhMj ja11OR CONTROL COhl ��%C�censee THE CITY COUNCIL, COUNTY COMMISSION, OR COUNTY DISPENSER CLASS B New_Location DISTILLERY I--- Outlet COURT OF ._ ___— DRUGGIST JUN 2 8 j982 New Partner (Name of city or county) In FAP.MER'S WINERY RECOMMENDS THAT THIS LICENSE BE: GRANTED INDUSTRIAL ALCORP RE14SE DIVISION_ P.AI=AD, PUBLIC St CARRIER,OR BOAT DENIED RESTAURANT ) RETAIL MALT BEVERAC E �` DATE SEASONAL DISPENSER .�' 1Z "��� ' d/ SPECIAL EVENTS DISPENSER BY V, IOLESALE MALT BEVERAGE AND WINE (Signature) WINERY TITLE CAUTION: If your operation of this business depends on your receiving a liquor license, OLCC cautions you not to purchase, d remodel, or start construction until your license is granted. ` 1. Name(s) of individual applicant(s), partnership, or corporation: Inc. , 14450 IE 29th Place, ''l_i0, Belle. T'T sfu::, tc*n 1) I(Fd,me)' (Address) (City) (State) €" 3) — 4) — (EACH PFRSON LISTED ABOVE MUST FILE AN INDIVIDUAL HISTORY AND A FINANCIAL STATEMENT) 2. Trade name of premises "', r1c tID Saafnnr) n CSxxarlpr I'TCr�41? When filed: (Year Name Filed with Corporation Commissioner) 3. Former trade name C'VITsn?rs�,O Tlish n Q'-`IDC ` 4. Premises address 11665 Pacific ik,,JY, Tigard, OrOcOn 97223 6,a:;1h:U1F ton 130mty (Number,Street,Rural Route) (City) (County) (State) (Zip) 5. Business mailing address 14450 N-r,' 24th Place, Suite 200, hielle n, Washington 93007 (P.O.Box, Number,Street, Rural Route) (City) (State) (Zip) b. Was premises previo esiy licensed by OLCC? Yes_ No X Year 7. If yes, to whom: n/a Type of license: n/a B. Will you have a manager: Yes No Name To be d'et:en'rli'ted (Manager must fill out Individual History, blue page 2) 9. Will anyone else not signing this application share in the ownership or receive a percentage of profits or bonus from this f business? Yes _ NO —%, 10. What is the local governing body where your premises is located? Gl.ttl Of 119210 1 (Name of City or Caunry) - 11. OLCC representative making investigation may contact: Jel-Z C' I S3CC1Dt) d (Name) 1445u ;'.i: 29th Pl #200. B.-d evue, WA 98007 1206: 454-3V+55 �- (Address) (Tel. No.—home, business,message) t\ CAUTION: The Administrator of the1 Oregon Liquor Control- Commission must be notified-if-you are contacted by anybody , - offering to.influence the Commission on y r behalf. T � Applicant(s) Signature (1) Sldpp tin case of corporation,duty By: authorized officer thereof) — __- (2) (3) — (4) 5125/82 _ tq ooPr-{ecat OLCC oHlce DATE 4 aP .. _ a f �h a . � MEMORANDUM f September 9, 1982 TO: City Administrator/City Council FROM: Chief of Police SUBJECT: O.L.C.C. Application RE: Floyd's Restaurant 12725 S.W. Pacific Hwy. , Tigard Sir: It is recommended that this restaurant license be approved. This license authorizes on-premise consumption of beer and wine only, and is compatible to the commercial area. The only exception for approval may be the proximity to St. Anthony's School; an objection from the school must be in writing, as per O.L.C.C. Administrative Rules. Respectfully, R.B. Adams --�` Chief of Police RBA:ac 4 j; Avoid Verbal Messages A-1 CITY OF TIGARD To• Chief of Police From :_ Doris Hartig (Penny), subject: OLCC Application Date:_ 9/1/82 Floyd's Restaurant, formerly Texas Star Restaurant - 12725 SW Pacific Highway, Tigard Application for New Outlet -Restaurant Please check and make recommendation by Wednesday, September 8th, so that we may include this in the packet for the City Council meeting of Monday, September 13th, 1982 Thanks, —E,%cfsq 4e(A IlwC.h 3 C9079 S.E. McLoughlin Boulevard / STATE OF OREGON P.O. Box 22297 PAGE OREGON LIQUOR CONTROL COMMISSION Portland, Oregon 97222 { APPLICATION GENERAL INFORMATION N2 . 4437 The filing of this application does not commit the Commission to the granting of the license that you are applying for, nor does it permit you to operate the business named below. If a license is granted by the Commission, you will receive a LICENSE CERTIFICATE. No fee is collected by OLCC until a LICENSE CERTIFICATE is to be issued. (THIS SPACE 15 FOR OLCC OFFICE USE) (THIS SPACE IS FOR CITY OR COUNTY USE) application is being made for: NOTICE TO CITIES AND COUNTIES. Do not consider this BOTTLER Greater Privilege application unless it has been stamped and signed at the BREWERY �, pLl;,",�1�•�1 P."''-I4Lilesser Privilege left by an OLCC representative. DISPENSER COiNeC�-:l censee THE CITY COUNCIL, COUNTY COMMISSION, OR COUNTY DISPENSER CLASS 3 New Lor tion DISTILLERYNew Outer COURT OF ------- DRUGGIST 5`_;' L IG�L New Partner (Name et city or enemy) FARMER'S WINERY RECOMMENDS THAT THIS LICENSE BE: GRANTED INDUSTRIAL ALCOFIO4irr)C`L1,};hit A!'ROAD PUBLIC P'VIOGER CARRIER OR BOAT DENIED 'STAURA— RETAIL MALT BEVERAGE lam// DATE SEASONAL DISPENSER .115' �� SPECIAL EVENTS DISPENSER BY --- WHOLESALE MALT BEVERAGE AND WINE (signature) WINERY TITLE _-- - ----�— RUTION: If your operation of this business depends on your receiving a liquor license, OLCC cautions you not to purchase, remodel, or start construction until your license is granted. ). Name(s) of individual applicant(s), partnership, or corporation: r S UD 7' (r)amc) (Address) (City) (State) (Zip) 2)-M 3) — 4)_ (EACH PERSON LISTED ABOVE f UST FILE./ASN' INDIVIDUAL HISTORY AND A FINANCIAL STATEMENT) �^ 2. Trade name of premises — — When filed: 61 (Year Name Filed with Corporation Commissioner) 3. Former trade name 1?�?T2 K0_RF-S7 -YE 'f- — S w PJC1Fic Hwy/ 7_16,10LvR N. 4. Premises address —�— (Number,Street, Rural Route) (City) (County) (State) (Zip) 5. Business mailing address —�tqM F — (P.O.Box, Number,Street, dural Route) (City) (State) (Zip) 6. Was premises previousl�(y licensed by OLCC? Yes NOS Year 7. If yes, to whom: [4A— -- Type of license: N — B. Will you have a manager: Yes No—y\-- Name --- (Manager must fill out Individual History, blue page 2) CWill anyone else not signing this application share in the ownership or receive a percentage of profits or bonus from this business? Yes No 10. What is the local governing body where your premises is located? Na e l/ — (Name of City or County) 11. /OLCC representative making.investigation ma'yn/contact: (H) (Address) Y1t Cil%-Lig+'l+J / J fIl�'l.•li S(l) �7r ,�� •Tl�l7��I J. !\ �� `� (?ame)l 7�� './O�� —_ -. (Address) (Tel. No.—home,business, message) CAUTION: The Administrator of the Oregon Liquor Control Commission must be notified if you are contacted by anybody offering to influence the Commission on your behalf. Applicant(s) Signature (1) (In case of corporation, duly office authorized officer thereof) (3) G ----- (4) Original—Local government DATE �— - DATE SP'03741-845 Form 8454S-480 (4/79) D691-4—Local VL(.'[:()tnt0,dal a+ryrw-w^"'^e�...e....,wY.—wv ••••• sr•aona rormrnsds�at(tzatl . dDLI iL STATE OF OREGON 9079 SE. McLoughlin Blvd. ORY OREGON LIQUOR CONTROL COMMISSION P.O. Box 22297 Page 2 —Application Portland, Oregon 97222 All blanks must be filled in. OLCC If the question does not apply to you, place WA(riot Applicable)in the space. USE 1. Namer i 1 ONLY 2. Other names used .L. -- (Ma'idenl 3. Address_______ (Num�c;snd Sttn•tj "ICf.YI (st.,t.•) (Zip) ^. SSN -- -/ -- ----.— Date of Birth_. ----Age r�.. �. Place of Birth___.. (Qty) (s.,.or Gauntry) 6. Height __ " _.Weight ._Color Hair.____ 1 —Color Eyes _ 7. Sex Name of Spouse 8. Home Phone Business Phone — (Atea Code) (Aro.Code) 9. U.S.Citizen: Yes No . If"No"list Alien Reg.No. CRIMINAL RECORD NOTE: For your information,a criminal records check is made on all liquor license applicants in the normal processing of a license request. Fingerprints may be required. 1 OA. Have you been convicted(including probation,sentencing,or bail forfeiture)of any crime,violation,or infraction of any law?(Do not include minor traffic violations for which a fine or bail forfeiture of$50 or less was imnposed). Yes No 10B. Are there presently pending against you any criminal charges.violations or infractions of the law?(Do not include minor traffic violations for which a fine or bail forfeiture of$50 or less was imposed). Yes No 10C. If you have answered"Yes"to 10A or 10B, list below: OBense, Data City and State Result (Attach additional sheet if necessary.) NOTE:The information listed in 1 through 10 above can protect you from an error in the criminal records check. EMPLOYMENT AND RESIDENCE HISTORY 11. List current and former employers or occupations during the past tern years: (Attach a:ditional sheet if necessary.) Dates by MontW"uar Employer or Business Occupation C'ty and State From To From_ To From--To.--,— From To 12. List other cities and states where you have lived in the past 10 years other than those noted in question 11 above:(Attach additional sheet if necessary.) Data.by Month+Yesr City and State From__ To ( __ From To From _To ACTIVITY IN LIQUOR INDUSTRY(Inside or Outside Oregon) 13. Are you presently of have you been licensed or employed in the liquor business? Yes No +•- . Where&When? 14. Have you ever received a warning,a notice of violation,suspension,fine, or revocation as a licensee or permittee? Yes No Where&When? 15. Have you ever been refused a permit or license to sell,serve, or dispense beer,wine, or c�Milled spirits? Yes No Where&When? 16. Have you field,or do you presently hold,a gambling or gaming license from any governmental body or a Federal Gambling Tax Stamp? _! ' Yes No Where&When?— f 17. Have you ever held or do you hold any financial interest in any liquor enterprise:manufacturing,importing,wholesale or retail? C Yes No----L—. Where&When? 18. Do you owe money to any manufacturer or distributor of wine,beer,or distilled spirits on account of cash or credit advanced? Yes No Where&When? _ 19. Is your spouse or any family member(s)working in any area of the liquor industry? Yes No It Yes,give: . (Name)j (Na-of 0uv—) (City&Stele) .f I r` J 20. Premises Ind: Trace Name Involved: + Address � /7) -- �ri.• : .;� !r;: :1.:'.'.' r`t('i)t'r; ;`Job Title (city&county) lmgr.,corp.off,-,,etc.) CAUTION: FALSIFICATION OR INTENTIONAL OMISSIONS OF INFORMATION ON THIS FORM MAY BE GROUNDS TO DENY OR REVOKE YOUR APPLICATION FOR A LICENSEI f Signature: Date: r" (Griginaf—LrNAI OI.CC Olf1m.far Copy—OLCC Kidwaukra,2nd Copy—App,i nl F-13,454548102,81) SP'40771>845 NAME t MEMORANDUM September 1, 1982 TO: City Administrator / City Council FROM: Chief of Police SUBJECT: O.L.C.C. Applications New Applications 1. Skipper's Seafood and Chowder House 11685 S.W. Pacific Highway, Tigard 2. Plaid Pantry 14600 S.W. Hall Blvd. , Tigard Sir: It is recommended that the new Skipper's application be approved. The business is well known, and the location of the business is compatible to the surrounding area. This is a restaurant license application which authorizes the sale of beer and wine. See attached O.R.S. 471.250. In regard to the new Plaid Pantry to be located at 14600 S.W. Hall Blvd. requesting a package sales retail license, it is recommended that this application be denied. This business is to be located in a residential area, and is a short distance north of the High School and the Durham Grade School. The sanction for denial is stated in OLCC Administrative Rule 845-05-025, Sub. Sec. 2 (a) . See attached rule. Respectfully, .B. Adams Chief of Police RBA:ac cc: City Recorder t OREGON I.IRUOR CONTROI, COMAIISSION OREGON ADMINISTRATIVE RULES CHAP FR 845 DIVISION 5 CRI -ERIA FOR ISSUANCE AND MAIN IENANCE OF LICENSES Cr14erir,Creattr;g Pre=mptlon Agalnst Lssating Llcensr . 845-03-025 7be following criteria svdi be given sufficient consideration so that a license will not be issued unless good cause which outweighs the criteria involved is shown by the applicant: . (3) The applicant has or will have inadaquate financial (1)An adverse recommendation by the governing body of resources or facilities to build and operate the licensed the appropriate city or county, after due consideration. The premises as proposed by the applicant. If the application is for mcommendation may be disregarded by the Commission if the renewal. the applicant has not but-It or operated the licensed body has failed to give to the applicant and to interested' prcmises substantially as proposed by the applicant when the members of the public bout reasonable notice of the proceed- license was originally granted or previously renewed. Ings at which the application was considered and reasonable (4) The applicant seeks a Dispenser Class "A" license opportunity to be heard. .• under OILS 472.110(2)and has less than or is unable reasonably (2) Written opposition to the granting of the license, to project at least 25 percent ratio of food sales to gross sales sting reasons for the opposition.by a person having control of food and alcoholic liquor. of (5)The on-premises manager is unable to comprehend and (a)A pre elementary.elementary or-secondary school; eummunicatc in the English Ianguage to a sufficient extent to (b)A church; cooperate in the enforcement of liquor and other applicable -(c)A hospital,nursing facility or convalescent home;or laws. (d) A park. including amusement park. playground or (6)Court or medical records indicate that the applicant has recreational facility.if such facility is located within 500 feet of a record of abuse of alcoholic liquor or controlled substances. the proposed outlet in an urban or suburban area or within 150o (7)The applicant has been convicted of a felony or of a feet in a rural area.Good cause which outweighs such written Class A misdemeanor involving moral turpitude. opposition may include, but is not limited to. other licensed (8) The applicant seeks a Package Store license in premises being located within the same distance of the conjunction with a license to sell alcoholic liquor for on. opposing facility or the opposing facility beginning operation at premises consumption. a time when the subject premises were licensed. (9)The applicant seeks a Package Store license at an outlet which sells petroleum products and does not or will not maintain a wide variety of grocery items.For purposes of this idle. "wide variety" means an inventory at cost to the applicant of not less than $5.000. For good cause shciwn. the Commission may disregard this criterion for licenses which • were originally issued prior to August 29. 1979.the effective date of this rule. (10)The licensing of the premises would not be in the best interests of the community because of illegal activities or a recent history of altercations. noisy conduct or other distur- bances in or around the premises under the applicant's or other's ownership or control. (11) Any officer. director. or owner of more than ten percent of the voting stock of a corporate applicant. or any general p:u•tner. or any limited partner whose 4nvcstment commitment is more than ten percent of the total investment commitment of a limited partnership has a record of abuse of alcoholic liquor or controlled substances.or has beet,convict- ed of a felony or of a Class A misdemeanor involving r,toral turpitude- Stat.Aulh.:OILS Ch.471 R 472 itMA: LCC 46(1•cmp). f. dt cf. 1-21-74:LCC 47. F. 3-28-74.cf. 3-1-74•LCC 6-1970.f.6.23-78.cr.7-1-78;ICC i&1y 9.t. 8-28-79,cf.8-29.79:Renumbered from u4.s-10-72o OEM (3) The commission may require of every more than 14 percent by volume. In the ab- applicant for a license the recommendation in sence of municipal ordinance or local regula- writing of the county court in the event the tion to the contrary, such licensees shall be place of business of the applicant is outside an permitted to allow dancing and to have and incorporated city,and of the city council if the permit singing and other proper forms of place of business of the applicant is within an entertainment upon the licensed premises. incorporated city. The commission may take 1Amended by 1967 c.580 41; 1967 c"614 01,2; 1971 c.324 such recommendation into consideration be- 41; 1973 c.103 41; 197:1 c.395 541 fore granting or refusing the license. The 471.290 Application for license;- fees. applicant shall pay to such recommending (1) Any person desiring a license or renewal of authority a fee determined by the governing a license shall make application to the com- body of the recommending authority, not to mission upon forms to be furnished by the exceed $25, for each application for a license. commission showing the name and address of (Amended by 1967 c.359 4693; 1977 c.518 43; 1979 c.45 the applicant, the applicant's citizenship. ;1;1979 c.264§sal Iocation of the place of business which is to be 471.250 Restaurant license. (1) A res- operated under the license, and such other taurant license shall allow the licensee to sell pertinent information as the commission may malt beverages containing not more than require. No license shall be granted or re- eight percent of alcohol by weight and wine newed until the provisions of the Liquor Con- containing not more than 21 percent of alcohol trol Act and the rules of the commission have by volume to customers for consumption on been complied with. the licensed premises and shall permit the (2) Except as provided in this section, the patron to remove from the premises a contain- commission shall assess a nonrefundable fee er of wine the contents of which have been for processing each application for any license only partially consumed- authorized by ORS chapter 471 or 472, in an (2) In the absence of any municipal ordi- amount equal to 25 percent of the annual nance or local regulation to the contrary, license fee. The commission shall not begin to restaurant licensees shall be permitted to process any license application until the appli- have any proper form of entertainment for cation fee is paid. If the commission allows an customers upon the licensed premises. applicant to apply at the same time for alter- (3) Unless otherwise restricted, the privi- native licenses at one premises,only the appli- leges granted by any such restaurant license cation fee for the most expensive license shall to a hotel shall apply to all portions of the be required. If a license is granted or commit- hotel controlled or operated by-the person to ted, the application fee of 25 percent shall be whom the license is issued. (Amended by 1965 applied against the annual license fee. This c-280§2-.1973 c.395 52;1977 c.332 56;1981 c.328 511 subsection shall not apply to an agent's li- 471.265 Retail ]malt beverage license. cense, a salesman's license, a manufacturer - (1) A retail malt beverage license shall allow certificate of approval, a druggist`s license, a anyone operating a place of business where health care facility license or to any license refreshments are served, to sell malt beverag- which is issued for a period of less than 30 es containing not more than eight percent of days. alcohol by weight, and wine containing not (3)Subject to subsection(4)of this section, more than 14 percent by volume. the commission shall assess a nonrefundable (2) A retail malt beverage license shall fee for processing a renewal application for permit the licensee to sell (a) draft or pasteur- any license authorized by ORS chapter 471 or ized malt beverages for consumption on the 472 only if the renewal application is received licensed premises, (b) pasteurized malt bever- by the commission less than 20 days before ages in brewery-sealed packages for consump- expiration of the license. If the renewal appli- tion off the licensed premises, (c) unpasteur- cation is received prior to expiration of the ized malt beverages in brewery-sealed pack- license but less than 20 days prior to expira- ages containing not less than one gallon each tion, this fee shall be 25 percent of the annual for consumption off the licensed premises and license fee. If a renewal application is reeved (d) wine for consumption on the licensed by the commission after expiration of the premises and wine in winery-sealed packages license but no more than 30 days after expira- tion, this fee shall be 40 percent of the annual s license fee. This subsection shall not apply to (3) Such licensees shall not sell any malt an agent's license. a salesman's license, a beverages containing more than eight percent manufacturer certificate of approval, a drug- of alcohol by weight. nor wine containing gist's license. a health care facility license or i 3 4 S\ MEMORANDUM September 9, 1982 i TO: City Administrator/City Council i FROM: Chief of Police SUBJECT: O.L.C.C. Application RE: Floyd's Restaurant 12725 S.W. Pacific Hwy. , Tigard k s r Sir: ` It is recommended that this restaurant license be approved. This t` license authorizes on-premise consumption of beer and wine only, and is compatible to the commercial area. The only exception for approval may be the proximity to St. Anthony's School; an objection from the school must be in writing, as per O.L.C.C. f Administrative Rules. �EE i Respectfully, R.B. Adams Chief of Police { t RBA:ac I i{{ i r i CITYOFTIGAMW WASHINGTON COUNTY,OREGON September 7, 1982 MR. AND MRS. HENRY YOHN 17025 S.W. 92nd COOK PARK TIGARD, OREGON 97223 Dear Mr. and Mrs. Yohn: At their regular meeting of August 23 , 1982, the Tigard City Council considered your request of purchasing your mobile home at Cook Park as a Caretaker' s residence. The Council voted to accept the recommendation of the Park Board that the City should not purchase the mobile home but that a Caretaker reside at the Park in their own mobile home. The City appreciates the Caretaker services you have rendered over the years. The City has accepted your notice of intent (dated July 7, 1982) to leave Cook Park and to terminate performance of Caretaker Services. Effective October 1, 1982, the City will be advertising for a Caretaker to reside at Cook Park and this party may wish to negotiate the purchase of your mobile home. If you need further assistance, please do not hesitate to call. Yours truly, CITY OF TIGARD Linda Sargent, Administrative Assistant LS : dkr CC : R. Jean, City Administrator E. Sullivan, City Attorney 12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 a , to MEMORA14DUM DATE : September 8 , 1982 TO: Members of the City Council FROM: Planning and Development Department SUBJECT: NPO Membership Appointments The NPO Membership Interview Team met on several occasions over the past month to interview prospective members of NPO' s 2 , 4 , 5 and 7. Twelve people were interviewed: NAME ADDRESS NPO 10840 S.W. Erroll St. 2 1. Bruce P. Clark_ ` 2. Mary A. Keski 2385 S.W. 173rd Ct. Aloha 2 3 . Rick McMahon 13111 S.W. 61st Ave. Portland 4 4 . Geraldine L. Ball 11515 S.W. 91st Ave. 4 5. Carl H. Johnson 6155 S.W. Bonita Grove, L.G. 4 6. Lou W. Christen 17895 S .W. Shasta Tr. Tualatin 4 7 . Gary Reid 12700 S.W. 72nd (Bus. ) 4 8. Louis Miller 14660 S .W. 83rd 5 9. Joe Schweitz 11020 S.W. Cottonwood Lane 7 10. Peggy Ober 11385 S.W. Cottonwood Lane 7 11. Bob Irby 11515 S.W. Hazelwood Loop 7 12 . Michael R. Heim 12885 S.W. Glacier Lilj Circle 7 * Seven of these applicants live within the Tigard City Limits. The Planning Commission , at its regularly scheduled meeting of September 7 , 1982, unanimously voted to forward the names of these twelve prospective NPO members to the City Council with a favorable recommendation. RECOMMENDED ACTION The NPO Membership Interview Team and the Planning Commission recommend that the City Council approve these twelve people as members of the NPO' s noted. sum QmanW � 317 Z� • TGn2t� ,g7Z2 3 INVENTORY OF CITIZENS � `1 Ct�7 Suggested for Community Service DATE z Z 7, NA2AE - rzi CL.�r RES . PHONE ?GZ��_�____ ADDRESS 1 O8 E{U �-:>W J ' VO��. BUS . PHONE �-3q-�t7 LENGTH OF RESIDENCE IN TIGARD q���r5 SUGGESTED BY Ts���� �L2 �5,� per. WHERE DID YOU LIVE PREVIOUSLY? 61e , Co Io. AGE t( MARITAL STATUS 1AAWIzi aT CHILDREN Li EDUCATIONAL BACKGROUND _) 1 ' �� �5 - �Psr111t /!I ���t'ya iiN1Nk,- OCCUPATIONAL STATUS AND BACKGROUND Imo! R�e>asz� �.S �'��-u �I�►�We ,ASST nsa�- C � ' l� o [�o� r ti ova PREVIOUS COMMUNITY ACTIVITY_ ir)iS�p& Ch armyn AmPy 5 � �d Y (..CSY1'L1�11 • L' L ORGANIZATIONS AND OFFICES 3THER INFORMATION (GENERAL REMARKS) a 30_4RDS OR C%UAITTEES INTERESTED IN NPO #2 -0ate Received at City Hall Date Interviewed late Appointed Board or Committee -INSIDE CITY G¢ 5yw.� _ OUTSIDE CITY INVENTORY OF CITIZENS C + fir Suggested for Community Service DATE 5 NAME �j�_�y A . RES . PHONE [�y W—&a q a L Si�� ADDRESS 3 13g- Sw03a , c a10O� BUS . PHONE 68 y-oa.�9 LENGTH OF RESIDENCE IN TIGARD SUGGESTED BY (-eq,�q-�w C�2�2rt WHERE DID YOU LIVE PREVIOUSLY? AGE Ll a MARITAL STATUS M(-)iR R%E D CHILDREN 'F O V�Q EDUCATIONAL BACKGROUNDt3 S PSYCuol.ars QAJ I errs i7• Y OCCUPATIONAL STATUS AND BACKGROUND MANAG-c-rQ C31= r7��T SrCMP/LS-/�C c / S rNC ccomp"Ny S&P-,hce - 13-NEAR, Acc een i lLC n F xec-o rvo 1 lit�ep 5 oN fJe L- PREVIOUS COMMUNITY ACTIVITY QoRteo osr D�r��t.i cis - PoeTLMjJD 0R AN R�0 ORGANIZATIONS AND OFFICES CNAtp,- fUep-Tt4 J-j rA e d 6usi as<s ASSN. C4,gw - 136'Qu -mly Som SCRyICe Cnn,PLbl/a�2 CoA M + -rte f- ��{{ !� f-i.flL` . CE 14 �MP� fML� �i?ANW� NOuSrRtAL AnuiSoRy fmgo OTHER INFORMATION (GENERAL REMARKS) e rzvo \NAL-P-eS-rl? V \N PIN N90 410 1 l/V G 1"Ca O 10 6F O V CUM 1!?A AU'4 At-3 UT r1 e�R FF-tj 9 /UO l U t 3 C Lo N & N G tAc e 6 ra ee BOARDS OR CONMITTEES INTEREST E IN 1�I p D(- ! Received at City Hall Date Interviewed Date Appointed Board or Committee INSIDE CITY OUTSIDE CITY L14 _ _ INVENTORY OF CITIZENS Suggested for Conrnunity Service DATE SA`�� � �e. RES . PIIOPIE BUS . PHONE EYGTH OF RESIDENCE IN TIGARD SUGGESTED BY S7'i7 ;HERE DID YOU LIVE PREVIOUSLY? aGE G MARITAL STATUS^ CHILDREN /(�C17-rte DUCATIOh AL BACKGROUND CCUPATIONAL STATUS AND BACKGROUND Jll���c�t'rm�s�.-sc7`'iUr r'tr)7'�r =- REVIOUS CON2%,1UNITY ACTIVITY �t � RG-ANIZATIONS AND OFFICES �— THER INFORi'-LATION (GENERAL RErLARKS) DARDS OR COiN 1ITTEES INTERESTED IN IV VQ" { - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ate Received at City Hall Date Interviewed ate Appointed Board or Connittee e _%JSIDE CITY OUTSIDE CITY Ej ,S 11q 2 3 1982 0171'OF TIGAkU NA- N P O A P P L I C A T I O N (2UESTION: What are NPO's? iV ANS1'11:1.: The function of each NPU is to be involved in all phases of the Comprehensive Planning process and the implementation of those plans; to review City plans; policies, projects or other actions affecting the livability of the neighborhood, including, but not limite( to, land use, zoning, housing, community, facilities, human resources, social and recreational programs, traffic and transportation, environ- mental quality, open space and parks; to participate in the process of determining City priorities for capital improvements and development of specific project plans; to keep the neighborhood informed; to seek neighborhood opinion on issues brought before them; to represent the views of the neighborhood in matters of extra neighborhood importance. PLEASE COMPLETE TILE QUESTIONS BELOW NAME Gz4a&Linn L. Baa ADDRESS 1-1515S. U. 97at Ali--- C Trraa __O.r ertan 97223 TELEPHONE NUMBER (Bus. (Res.) 639-2900 PRESENT OCCUPATION flomemahes and f•.= eg. Oj= /7,7B, Jrsc. I FI R11 NAME DA, JNC. — HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? SLPcz 1970 IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA? HAVE YOU BEEN INVOLVED WITH MUNICIPAL OPERATIONS-BEFORE? IRO #4 aZ CLtEz.-s not /'IunZeis IF YES, PLEASE EXPLAIN YOUR INVOLVEMENT: J have .Feels a_ttendL moat a im AST r' 4 u ea an .to he-p w c 6 Y ow-a ars us - " to hcw it ;-a .to to deaztcyze and -6,-- WHAT 6,— ,WHAT DO YOU FEEL YOU CAN OFFER AS A MEMBER OF AN NPO? fJh,,, J hauz &ee�s active us A-7 0 4 az a ci t izens J P--t J ---td ze—z .the 0-6 -a da�Sasne 644 c ucid�l hnnr rine tJsp aneu ewers Pei-a1r e ang Of c_t wza ins .the Ci ti. v Lau� A ZZ. ,,d &w--� otk—z ars tJ NIYF nen. ui - r ADDITIONAL COMMENTS: DAYTIME TELEPIIONF. NUMBER639-2900 /,. --- N P O A P P L I C A T I O N QUESTION: Uhat are NPO's? AXSWER: The function of each NPO is to be involved in all phases of the Comprehensive Planning process and the implementation of those plans; to review City plans; policies, projects or other actionsnot limited affecting the livability of the neighborhood, including, to, land use, zoning, housing, community, facilities, human resources, social and recreational programs, traffic and transportation, environ- mental quality, open space and parks; to participate in the process of determining City priorities for capital improvements and development of specific project plans; to keep the neighborhood informed; to seek neighborhood opinion on issues brought before them; to represent the views of the neighborhood in matters of extra neighborhood importance. PLEASE COMPLETE THE QUESTIONS BELOW ` NAME C G I ! /1'/C��1 t'/Sc'�Z ADDRESS L•--/ ) `� J AN. TELEPHONE NUMBER (Bus.) (Res.) PRESENT OCCUPATION /1110 FI RM NAME f v ,'4J 12 f7[ es f<r :� ;/, ,;. �C• y r �lr.c> HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? Y✓( IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA? !JHAVE YOU BEEN INVOLVED WITH MUNICIPAL OPERATIONS BEFORE? X'-5 IF YES, PLEASE EXPLAIN YOUR INVOLVEMENT: =r /l/"� iL c. r.r/�rltc• %:;f. �. ;x'19 "1-,-- iaC1/1,h�r/r r>< c/' y -1 . % c"e-1. l .p r� ii s �/1 /•/G r�l!•!r4 1 l:-cc(!�/ /�/[r Y!/"/%/':1 �!- s i r9l r1 +�!'S s -T eve (//Ctsl. Jr-� '-evil e. ,f i "/ l /. J /l s!'( /i 7 �� /moi Jrt:.. :rl r_��- •/ ._-t1 _�Y''/_.• �rt.J ,�R 7c 17 t :rt f /<, r.`• y� /�.z,-�sr:7's v r�,Y r7, c r :!Y•� !'o_».rry// f -�_� 71 WHAT C J — 7 !rJ•�� !�l/i •��. s-.L�✓iJ� e>,WHAT DO YOU FEEL YOU CAN OFFS AS A MEItIBER OF AN' NPO? ADDITIONAL COMMENTS: ! 1/O_f�.�,'l DAYTIME TELEPHONE NUMBER INVENTORY OF CITIZENS Suggested for ConLuunity Service DATE (7 RES . HONE 9 8 1) f 'D DRESS / I? -- -BUS . PHONE 7-\ t_- gL 7 E t t-,� rf j,-1 7 1 SUGGESTED BY E NG-TH OF RESIDENCE IN T IGARD 9 THERE DID YOU LIVE PREVIOUSLY? GE MARITAL STATUS CHILDREN DU #j%TIONAL BACKGROUND t:F CCUPATI ONAL STATUS AND BACKGROUND /7-7 IREVIOUS, COMMUNITY ACTIVITY i:r CJ A( 0.i C RG-AINIZATIONS AND OFFICES Pc'l wj-pf- k/1 M/11 P/ I ti ?4 fe O f?, A' , THEER INFORMATION (GENERAL REKkRKS)—�16 In W Ili i F, -P P- 0--7-& 0e)--d 1-4 DARDS OR CO3\1114ITTEES INTERESTED IN - - - - - - - - - - - - - - ate Received .at City Hall Date Interviewed ate Appointed Board or Committee NSIDE CITY OUTSIDE CITY�/ t i� Z/Z =AL-0-1-, I- ®� WW • PO 41 .S "t N P 0 A P P L I C A T T 0 21 What are NPO•s? �S1tii:R: The function of each NPO is to be involved in all phases of .Tec Compre`:ensive Planning process and the icaplementation of those plans; to review City Plans; policies, projects or other actions affecting the livability of the neighborhood, including, but not limited to, land use, zoning, housing. community, facilities, human resources, - social and recreational piograms, traffic and transportation, envirah— - mental quality, open space and parks; to participate in the process of determining City priorities for capital improvements and development o: specific project plans; to'keep the neighborhood informed; to seek neighborhood opinion on issues brought before them; to represent the views of the neighborhood in matters of extra neighborhood importasnce_ PLEASE COLIPLBTE THE QUEST!31%'S BELOW - KATIE ` ,v AbDRESS /Z7ap 0-7 TELEPHONE NUMBER (Bus.) 1p2l� - 3�2J (Res.) PRESENT OCCUPATION • FIRM NAME C1r r•/ �i'JG HOt� LONG HAVE YOU. BEEN EMPLOYED WITH THIS FIRU? i IS THIS COINWANY LOCATED WITHIN YOUR NPO AREA? HAYS YOU BEEN..YNVOLVED ;:ITR MUNICIPAL OPERATIONS BEFO/�RE? IF YES, PLEASE EXPLAIN YOUR XNVOLVELIENT: AM• I';t1w 1✓d/ r17? /ids za'S/g / zw �xis/5 L�s�ii� �rn Gyre-1 KHAT DO YOU FEEL YOU CAN OFFER AS A MEMBER OF AN APO? •• - �YLIrU-di�__I/ �f l�ao t / ir� ol ADDIT ONAL CO�ILIT:NTS:_ f.f« Ogg .scf��rrq DAYTIMP TELUPIIO%F. NUMUER �p - , +'�- 6 DECEIVED T I d N AUG 2 3 1982 N Y O A P P L I C A QL:ESTIO:I: 'What are NPO's? CITY OF TIGARD ;aXS1:i:I:: The function of each NPO is to be involved in all phases of site Comprehensive Planning process and the implementation of those plans; to review City plans; policies, projects or other actions affecting the livability of the neighborhood, including-, but not limited to, land use, zoning, housing, community, facilities, Human resources, social and recreational piograms, traffic and transportation, environ.- mentv-1 quality, open space and parks; to participate in the process of determining City priorities for capital improvements and development of specific project plans; to keep the neighborhood informed; to seek neighborhood opinion on issues brought before thein; to represent the views of the neighborhood in matters of extra neighborhood importance_ PLEASE COMPLETE THE QUESTIONS BELOIY NAME �{;°��. \\ \``:� V ADDRESS TELEPHONE h'U1:iBER (Bus.) I`��-�- 1-1 e <�1 I ,�`.`�l (Res. - PRESENT OC_CUPATIOii • FI Re11 1tiAME HOI. LONG HAVE YOU BEEN EMPLOYED 'YITH THIS FIRM?_` IS THIS COMPANY LOCATED 'WITHIN YOUR NPO AREA? �C` r HAVE YOU BEEN-INVOLVED WITH MUNICIPAL OPERATIONS BEFORE? F IF YES, PLEASE EXPLAIN YOUR INVOLVEMENT: k R WHAT DO YOU FEEL YOU CAN OFFER AS\�A b1EbIE3);P. OF AN Iv'PO?_ • — .- ��:-\�" l`—T-C= ��� __ .{."7 "t �C \V(- �%�1-�c.�; -tom r•? -4^ T��_ -1•���5� t'1 ADDJTIONAL COMMENTS: Com• ��::-�> �, 'cr-, �tt�.�• , �.,� 't1 Slr-+- :x �=�r� .�- 1DAY'1'7JIF: TELEP110NF.. PiUMBEit � � � �} �i'�T� ���• (0i7z __ f J . f • f • k: MIM � s N P O A P P L I C A T I O N v QUESTION: What are NPO's? � ANSWER: The function of each NPO is to be involved in all phases of 's i the Comprehensive Planning process and the implementation of those ; plans; to review City plans; policies, projects or other actions affecting the livability of the neighborhood, including, but not limited to, land use, zoning, housing, community, facilities, human resources, t social and recreational programs, traffic and transportation, environ- s mental quality, open space and parks: to participate in the process of determining City priorities for capital improvements and development of specific project plans; to keep the neighborhood Informed; to seek } neighborhood opinion on issues brought before them; to represent the t views of the neighborhood in matters of extra neighborhood importance. f PLEASE COMPLETE THE QUESTIONS BELOW } r ` i ADDRESS NAME �c,f Y' �C L1i r• > ADP n� I3 TELEPHONE NUMBER ( Ls r) -31 / ' �j��Cc' (Re-e-5) PRESENT OCCUPATION f )t rej LA � �' Cr •' �r r i _1 FIRM NAME HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRb1? IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA? rIT= HAVE YOU BEEN INVOLVED WITH MUNICIPAL OPERATIONS BEFORE? ht-- IF G'IF YES, PLEASE EXPLAIN YOUR INVOLVEMENT: WHffA11T�� ��DO�� YOU FEEL YOU CAN OFFER AS A MEMBER OF AN// NPO? LLS_�f2 rk'1 *1 ex 6-e Lc -1-l1 e q reel ADDITIONAL COMMENTS: i r, DAYTIME. TELEPHONE NUMBER P-—3 i aii2�an . N P O A P P L I C A T I O N QC I:S'I'IO:l: 14hat are NPO's? ANSWER: The function of each NPO is to be involved in all phases of zt:e Comprehensive Planning process and the implementation of those Plans; to review City plans; policies, projects or other actions affecting the livability of the neighborhood, ?includi.nb, but not limited to. land use, zoning, housing, community, facilities, human -resources, social and recreational programs, traffic and transportation, environ— mental quality, open space and parks; to participate in the process of determining City priorities for capital improvements and development of specific project plans; to keep the neighborhood informed; to seek neighborhood opinion on issues brought before them; to represent the views of the neighborhood in matters of extra neighborhood importance. tl PLEASE COMPLETE THE QUESTIONS BELOW NAdIS--�Q; ADDRESS 1a V-d r e TELEPHONE NUMBER (Bus.) ; C Res.) PRESENT OCCUPATION ('�LtSP lel S PCcr e' i rC( FIRM NAME AOC; LONG HAVE YOU BEEN EMPLOYED IVITH THIS FIRM? IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA? HAVE YOU BEEN INVOLVED WITH MUNICIPAL OPERATIONS BEFORE? IF YES, PLEASE EXPLAIN YOUR INVOLVEMENT: f IVRAT DO YOU FEEL YOU CAN OFFER AS A MEMBER OF AN NPO?_ Iti1 C YY �FV � I Y7, 4 � r > fYih1 ate . o ADDITIONAL COMMENTS: DAYTTI.IF TELEPHONE NUMBER. EXe "r z�,3V ( N P O A P P L I C A T I O N QUESTION: that are NPO's? ANSWER: The function of each NPO is to be involved in all phases of the Comprehensive Planning process and the implcmentation of those plaits; to review City plans; policies, projects or other actions affecting the livability of the neighborhood, including-, but not limited to, land use, zoning, housing, community, facilities, human resources, social and recreational programs, traffic and transportation, environ- mental quality, open space and parks; to participate in the process of determining City priorities for capital improvements and development of specific project plans; to keep the neighborhood informed; to seelc nelghborhood opinion on issues brought before theist; to represent the: , vLews of the neighborhood in matters of extra neighborhood importance. PLL'A_SE COMPLETE THE QUESTIONS BELOW ' NAME O (�i `� ADDRESS 1151:5 14)4-Ze c.)o o!Q Coo.a TELEPHONE NUMBER (Bus.) 42 -2 6 Scs (Res. 3 _ 2 y Z PRESENT OCCUPATION O P E 2 7"1 O S M A-M f&V 4rm:E•ft- FI FI Rbf NAME ?Pt C t F-,C_ NOj: LONG HAVE YOU BEEN EMPLOYED t'IITH THIS FIRM? OL S IS THIS COMPANY LOCATED SYITHIN YOUR NPO AREA? tJ O HAVE YOU BEEN.:INVOLVED WITH MUNICIPAL OPERATIONS BEFORE? N E IF YES, PLEASE EXPLAIN YOUR INVOLVEMENT: lE LA,C.E K3 F_- -F -F-� P L k n) tJase C> 13 l rA WHAT DO YOU PEEL YOU CAN OFFER AS A MEMDER OF AN B'PO? C®tJCE:,ee� 'J0 Lc FF-_ dos`- Ni-� Cates /!DDITIONAL COMMENTS: DAY17UNIF; TELEpiloxF,, NumaER *Zt+ 7- 2- t- S-a ~_ �AAM O A P P L I C A T I O N i f2Li:SZ'TOI: SChat are NPO's? ANSt'"ER: The function of each NPO is to be involved in all phases of the Comprehensive Planning process and the implementation of those plaits; to review City plans; policies, projects or other actions affecting the livability of the neighborhood, including., but not limited to, land use, zoning, housing, community, facilities, human resources, social and recreational piograms, traffic and transportation, enviroh- r.:ental quality, open space and parks; to participate in the process of determining City priorities for capital improvements and development o: specific project plans; to'Reep the neighborhood informed; to seelc neighborhood opinion on issues brought before them; to represent the views of the neighborhood in matters of extra neighborhood importance. PLLt?SE CObIPLETE THE QUESTIONS BELOW ItiAdIE i� Met- PAY fir--I'nA ADDRESS I2$8S S RC1. 6_l�Gr.52_ LILYG E�P_GLC� T -7Aeb ,' (De _ Q a TELEPHONE NUMBER (Bus. f (Res. 444-- 4475 PRESENT OCCUPATION S 14L�S E� FI RSI NAME t:.- ' Eki(i1XJ 0J AJG teJAJG ScaPOt &-_t CO. HOti. LONG TIAVE YOU. BEEN EMPLOYED WITH THIS FIRM? t I5 THIS COMPANY LOCATED 'VIXTFIYN YOUR NPO AREA? HAVE YOU BEEN JNVOLVED WITH MUNICIPAL OPERATIONS BEFORE? M C) IF YES, PLEASE EXPLAIN YOUR INVOLVEMENT: ----------------------------- WHAT DO YOU FEEL YOU CAN OFFER AS A MEMBER OF AN NPO? CC)l•.w,uVl-tT r1) L_Ueme_- '�C � C-At-K Over- rsGttS 00106, Ai Pol Y�rnt�l10121e5 x}14-C z i r2n a(.lzY Tcr ouft.S>�Es T'c) 6&- •Ili UOLvEn V31- P9Ss[gG� saJLTt� Tr�E 'ttGg2� G1T�' �dUca2/y�kEx,'T Ova F�g2[S'=O f4et..0 b r yE39-s ec 7ltrC �FF�T �4�t +pro �yE$YQ � o�ccSLrUiu6 rtjPo7' Dts-T2cr.. --------------------------- • ram ��,-,eS to cm�.I..z-. - ---------------- DAYTI MP TE.LEPHONF. NumEtEnt 824-OGS f m m� M E M O R A N D U M TO: THE HONORABLE CITY COUNCIL FROM: MAYOR WILBUR BISHOP wj rck) DATE: SEPTEMBER 13, 1982 SUBJECT: PLANNING COMMISSION APPOINTMENT At the September 9, 1982 , meeting of the Mayor ' s Appoint- ments Advisory Committee, members Nancie Stimler, myself and Bob Jean, City Administrator, reviewed applications and held interviews for appointments to the Planning Commission. Upon review of all interested applicants, the Appointments Advisory Committee recommends that the Tigard City Council appoint Mr. Deane Leverett, 8865 S.W. Scheckla Drive, Tigard, to the one vacant position on the Planning Commission. Your concurrence with this recommendation is requested. WB dkr t i Ram INVENTORY OF CITIZENS Suggested for Community Service DATE July 6, 1982 NAME Deane Leverett RES. PHONE 639-2110 ADDRESS 8865 SW Scheckla Drive, Tigard, OR 97223 BUS. PHONE 245-0145 LENGTH OF RESIDENCE IN TIGARD Four years SUGGESTED BY WHERE DID YOU LIVE PREVIOUSLY? Beaverton, Oregon EDUCATIONAL BACKGROUND Beaverton School System; BS Degree, Portland State University OCCUPATIONAL STATUS AND BACKGROUND Self employed as a Real Estate Appraiser and Consultant Previously Regional Appraiser, Pacific First Federal Savings & Loan, Portland, Oregon. PREVIOUS COMMUNITY ACTIVITY Coaching Little League--eight years. Miscellaneous { Kiwanis activities. ORGANIZATIONS AND OFFICES _ Kiwanis, Society of Real Estate Appraisers OTHER INFORMATION (GENERAL REMARKS) Have been self employed as a Real Estate Appraiser and Consultant since 1976 doing work for various city and state agencies. My office is located at Suite 413, 9370 SW Greenburg Road, Tigard, Oregon. BOARDS OR COMMITTEES INTERESTED IN Planning Commission --------------------Date Interviewed- _ __- Ic. ---------------------- Date Received at City Hall '�/G�o'� F Date Appointed Board or Committee INSIDE CITY OUTSIDE CITY _ x , 10 September 9, 1982 MEMORANDUM TO: Mayor and Council FROM: City Administrator, Bob Jean SUBJECT: Board and Committee Appointments The Mayor, Councilor Stimler and myself will be meeting with interested citizens this afternoon to interview for various board and committee vacancies. A report will be filed with you Monday evening as to the results of the interviews. lw e � � MEMORANDUM TO: Members of the City Council FROM: William A. Monahan DATE: September 7 , 1982 RE: Appeal of Sensitive Lands Permit M 1-82 , "The Meadows" . Approved by the Planning Commission. NPO # 7 has appealed the decision of the Planning Commission voted on the above name project on August 3 , 1982 . The basis of the appeal rests on the failure of the City to notify the NPO thus denying the NPO an opportunity to review and comment on the proposal. I have checked with the Planning staff and have ascertained that no notice was given to the NPO. Therefore, I recommend that the City Council pass a resolution remanding the application back to the Planning Commission to afford the NPO, opponents and proponents a full opportunity to be heard before the Planning Commission. Recommended Action - That the City Council adopt the following motion: That application M 1-82 , "The Meadows" be remanded to the Planning Commission for a new hearing to allow testimony from NPO # 7 and other interested parties prior to voting on approval or denial of the project. MENIORANDLJNi September 3, 1982 TO: CITY COUNCIL FROM: PLANNING AND DEVELOPMENT DEPARTMENT SUB,TECT: Annexations request of lands west of 135th Avenue and east of new Scholls Ferry Road. As you remember last March the City Council approved a resolution (82-29) to expand Tigard's Urban Planning Area (UPA) boundary; to include those properties west of S.W. 135th and east of new Scholls Ferry Road, approximately 150 acres. (see attached map) This matter was then presented before the Washington County Board of Ccnvussioners who stated that the City's request was inappropriate at that time. The Board also stated that this request might be more appropriate later in the fall once the County has renegotiated the Urban Planning Area Agreement (UPAA) with the City. Since April Mr. Russ Krueger, the owner of approximately 100taceos wea west of S.W. 135th Avenue, has contacted the remaining proper y thin the 150 acres requesting their interest of including them in his annexation owners within the 150 acrea area; of which 11 proposal. There are 15 propety own would prefer that Tigard be responsible property owners have stated that they for planning the area. Nine of these 11 property owners have signed a petition owners have verbally indicated stating their intent. In addition, seven property f that they would annex at this time: four of these seven property owners have actually signed annexation requests. It is apparent that there is a definite t owners in the area who desire Tigard's planning efforts over interest of property y the County's. ` Since April the City Planning staff has questioned the County planning staff as to when the UPA boundry expansion request would be appropriate. It is the position of the County that all UPA boundary requests are inappropriate until their Comprehensive Plan has been submitted to LCDC for acknowledgement. At this time, staff is concerned about the County's attitudes towards City UPA boundary changes and annexations in what appears to be a County moratorium. Because of these concerns, staff has contacted LCDC regarding alternatives that would address LCDC's planning goals yet permit the City of Tigard to properly respond to the desires of property owners that wish to annex. One of thealternatives asked by staff is that once any land outside the current UPA boundary the City will adopt the County's land use designations, or place a City designation that Dost closely resembles the County's designation without decreasing any density potential on that property. This would ensure compliance of LCDC's metropolitan housing requirements for the region, regardless of which jurisdiction actually (, regulates development on the properties. Staff anticipates that later this month we wi_11 be meeting with the County staff to discuss this issue and it is possible that a new UPAA will be before the Council for consideration in early October. A resolution for Council review is attached. September 9, 1982 MEMORANDUM TO: Mayor and Council FROM: William A. Monahan, Director of Planning & Development L' SUBJECT: Update On TURA Advisory Committee s i i t The TURA Advisory Committee met on September 8, 1982 to discuss a proposed central business district zone as well as the upcoming election measure dealing with tax increment financing. Following is a brief description of the actions taken by the Committee: 1. Tax Increment Financing - The Committee acknowledged the action of the City Council which set a November election date for an advisory vote on tax increment financing for the urban renewal € area. The Committee discussed other possible funding sources in addition to or in place of tax increment financing. A representative of the Redevelopment of Lake Oswego will be invited to the Committee meeting in October to discuss Lake Oswego's use of the EDA 503 program in its redevelopment efforts. 3 3 2. Zoning Ordinance For The Central Business District - The Design Standards and Comprehensive Plan Review Subcommittee reported that they met with Associate Planner Jeremy Coursolle to discuss land use types proposed for the one zone which will be created for the renewal area. Discussion centered on the types of uses proposed as permitted and prohibited. In addition, the Committee discussed the possibility of further restricting the area north of O'Mara to Fanno Creek as only residential or open space. The Committee will further review the land use types allowed within each use category proposed at the next meeting. € 3. Housing Density - Discussion centered on whether or not a minimum density of 15 units to the acre is sufficient. The Committee will discuss further the possibility of increasing the minimum to 22 or 25 units per acre for the central business zone. i 4. Next Meeting - The Committee will meet again on Wednesday. September 22, 1982 at City Hall to further discuss the proposed central business zone. I Attached is the first draft of the proposed uses for the central business r district. t f SUGGESTED USE TYPES FOR THE PROPOSED CENTRAL BUSINESS DISTRICT A. RESIDENTIAL USE TYPES (Minimum density 15 units/acre) • Attached • Multiple dwelling B. CIVIC USE TYPES • Clinic services e Community recreation • Cultural exhibits and library services e Lodges, fraternal and civic assembly • Parking services • Postal services e Public agency administrative services e Public safety services C. COMMERCIAL USE TYPES • Agricultural sales e Animal sales and services Grooming Veterinary (large and small animals) • Automotive and equipment Cleaning Repairing: light equipment e Building maintenance services e Business equipment sales and services • Communication services s Construction sales and service o Convenience sales and personal services o Eating and drinking establishments • Financial, insurance, and real estate services • Food and beverage sales e Medical and dental services • Participation sports and recreation Indoor and outdoor • Personal services: general e Professional and administrative services • Repair services: consumer o Retail sales: general • Spectator sports and entertainment: limited • Transient habitation D. XT USES (Residential and Commercial. commercial use on at least the first floor with residential above. E. BUILDING HEIGHT 0 65 feet or • 6 stories F. OPEN SPACE ZONE Staff is now in the process of finalizing a draft of a possible central business district to be incorporated into the land development code• Copies of this draft will be made available to you upon completion. ... SEPTEMBER 7 , 1982 �- MEMORANDUM TO: CITE COUNCIL FROM: PLANNING DIVISION RE: HALF STREET IMPROVEMENTS FOR S.W. CHURCH OF CHRIST Attached is a letter from S.W. Church of Christ requesting a two year time extension for starting half t-streethat improvements mpproveroval eattached. ) required under CU 20-80. (A copy Of Staff has reviewed this matter with the Public Works Director and feels the request is inappropriate. The applicant agreed to the street improvements by signing the approval document. In addition, staff feels that these improvements are needed to allow a sidewalk connection to Durham Road. STAFF RECOIM.MENDATION: Staff recommends that the request for a two year time extension be denied. 9725 S.W. Durham Road Tigard, Oregon 97223 503/620-0221 September 1, 1982 Tigard City Council % Planning Director Mr. Bill Monahan Tigard, Oregon 97223 Re: Southwest Church of Christ House at 15805 S.W. 98th Conditional use Cu-20-80 Gentlemen: We request a two year time extension for starting the half street improvements on the church building side of 98th for the church located at 9725 S.W. Durham Road. These improvements are a part of the con- ditional use permit to occupy the house at 15805 S.W. 98th Avenue. We are requesting this extension because of the downturn in the economy. At the present time approximately 10% of our congregation is unemployed. As a result, our income is down so that it would impose a severe financial hardship on the church to complete the work at this time. This letter is to ask that you consider this matter and issue us an oc- cupancy permit when the improvements on permit 3952 are completed. We thank you for considering this matter and trust it will be satisfactory to you. Very truly yours, ALLAN VANCE AV:fh Ago o i i F Y Big APP C17YOF TIGARD WASHINGTON COUNTY,OREGON December 3, 1980 Mr. Allan Vance 18311 Woodthrush Circle Lake Oswego, Oregon 97034 REFERENCE: CONDITIONAL USE, CU 20-80 (SW Church of Christ) NPO #6 LOCATION: 15805 SW 98th (Wash. Co. Tax Map 2S1 11CD, Tax Map 701 Dear Mr. Vance: Please be advised that the Tigard Planning Commission at their regular meeting of November 25, 1980 approved your request for a Conditional Use Permit to use an existing house for bible school classes at the above reverenced project. This approval is subject co the following conditions: 1. Full half street improvements shall be made to SW 98th in front of the existing church site and in front of the property in question at 15805 SW 98th. 2. A crosswalk shall be painted on SW 98th at the south intersection of SW Kimberly Drive. The exact location and dimensions to be approved by the Public Works Director of the City of Tigard. 3. A nonremonstrance agreement for the future improvement of SW Durham Road shall be signed. _ 4. No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department. 5. No changes wil' made to approved plans of specifications unless formai application is made to the appropriate City department, and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 6. Grading and construction plans for all work in public rights-of-way and all other public improvements shall be prepared by a registered professional engineer in accordance with City standards, and shall be submitted to the Public Works Department for review. 12420 S.W. MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 CONDITIONAL USE, CU 20-80 Page 2 All public improvements will require a Compliance Agreement and must be (design) approved by the Public Works Department, and must be either (1) fully satisfactorily constructed prior to the recording or issuance of Occupancy Permits; or (2) bonded to the City for 100% of the estimated cost thereof prior to the plat or issuance of Occupancy Permits. 7. All existing and proposed utilities shall be placed underground. 8. All streets and parking areas shall be concrete or asphalt. All sidewalks shall be concrete. The Conditional Use Permit shall expire in one year from the date of approval if the use has not begun and continual progress toward its full operation is not in evidence. If we can be of any further assistance, please do not hesitate to contact this office at 639-4171. Sincerel , ' award Planning Director AHvmc NOTE: This acknowledgement must be signed and returned to the City of Tigard, Planning Department. Failure to return this acknowledgement will result in no .further action on this project with regards to issuance of Building Permits or engineering approval. Signature - Applicant Date Signature - Olk Date i 4 MEMORANDUM TO: City Council FROM: Planning Division SUBJECT: Administrative Procedures Ordinance DATE: September 9, 1982 Attached is an ordinance proposing revisions to the Administrative Procedures Section of the Tigard Municipal Code. This ordinance, if approved, will reduce the number of days required for public notification on decisions to be arcade by the Planning Director only from 20 days to 10 days. In addition, the appeal period on decisions made by the Planning Director would be reduced from 15 days to 10 days. All other notice requirements will remain as outlined in Chapter 18.84. The Planning Commission, at their September 7, 1982 regular meeting voted unanimously to recommend approval of this ordinance to City Council. The Administrative Review procedure as presented to Council on August 16, which would allow remodels and additions of 25% or less to an existing building, will be incorporated into the new land Development Code. The land Development Code will be presented to City Council in December. STAFF RECOMMENDATION: Staff recommends approval of the ordinance attached as submitted. C � MOW i' { SEPTEMBER 7 , 1982 MEMORANDUM TO: CITY COUNCIL a FROM: PLANNING STAFF a f SUBJECT: Addition of General Retail Use Type as a Conditional L Use in the C-4 Residential Commercial Zone. On August 16, 1982, the City Council voted unanimously to have staff initiate a zone ordinance amendment to allow General Retail Use types as a Conditional Use in the C--4 Residential Zone. On September 7 , 1982, the Planning Commission voted to recommend to the City Council approval of the ordinance as presented. Attached for your review is an ordinance which, if approved, would effect the change and a definition of General Retail Use types. STAFF RECOMMENDATION: j Staff recommends that the City Council approve the ordinance as submitted. i t i S MERG NAIESTERN EaANK SIXTH &ALDER _ s P.O. Box 1477 £ Portland, OR 97207 t 503/243-3601 ¢ C 4 September 9, 1982 I t is Mayor Wilbur Bishop Members of the Council P.O. Box 23397 Tigard, Oregon 97223 RE: 72nd L.I.D. Dear Mayor Bishop and Members of the Co.mcil: On behalf of Pacific Western Bank, I wish to notify you of our total support of the "estimate compromise" dis- cussed with the city staff on Septetnber 8, 1982. We feel this ccstpromi.se is fair to all concerned and sin- cerely hope that the funds established for purchase of right-of—way can be used to reimburse those actually in need of assistance in paying their assessment. The problems that have plagued this project, since its inception, have, Tae believe, been worked out to most Property owners' satisfaction, and we congratulate the council on its perseverance in following this project through. We hope all those involved with it cooperate to see that the remaining issues can be resolved in a timely manner and realize the benefits of this project,. Sincerely, Charles B. Anderson r Vice-President - f I i A RACvIEST BANK ENTERPRISES + r September 10, 1982 Honorable Mayor Bishop & City Council Members City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Re: 72nd Avenue Proposals Dear Honorable Mayor Bishop and City Council Members: As owners of WenJim Properties and in reference to tax lots #251-12DC 100 ID#42a and 251-12DC 300 ID #42b, I am writing in behalf of Wendell Lile and myself requesting your affirmative vote for the compromise proposal outlined in Robert Jean.' s memorandum attached, dated September 3, 1982 . Thank you in advance for your consideration in voting for this compromise proposal. ",cerely yours, AMES B. LARSEN JBL/lim cc: Wendell B. Lile .x Robert Jeans Frank Currie 8770 S.W.SCOFFINS • SUITE 208 • TIGARD.OREGON 97223 • (503) 620-1745 r n� r' a M E M O R A N D U M TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BOB JEAN, CITY ADMINISTRATOR - r DATE: SEPTEMBER 3, 1982 SUBJECT: 72nd AVENUE SUMMARY The following is a summary of the recently discussed 72nd Avenue LID options and financial consequences. EXPENSES & CURRENT SAYDOFF ESTIMATE ESTIMATE RESOURCE PROJECT PROPOSAL PROPOSAL COMPROMISE REQUIREMENTS 40'/60' ROW 32'/50' EMT 324/501 EMT 401/50' EMT CONSTRUCTION $1,625,000 $1,500,000 $1,737,000 $1,625,000 ROW/EMT 555,000 200,000 265,500 265,500 SUB-TOTAL $2,180,000 $1,700,000 $2,002,500 $1,890,500 L, A & E 270,000 300,000 303,000 274,500 TOTAL $2,450,000 $2,000,000' $2,305,500 $2;165,000 CnNTRACT ASSESSMENT $1,425,000 $1,300,000 $1,450,000 $1,425,000 ROW ASSESSMENT 555,000 200,000 265.,500 265,500 ASSESSMENTS $1,975,000 $1,500,000 $1,715,500 $1,690,500 CITY 475,000 500,000 590,000 474,500 TOTAL $2,450,000 $2,000,000 $2,305,500 $2,165,000 DESIGN CAPACITY 15-20 YEARS 5 YEARS 5 YEARS 15-20 YEARS TOTAL " ASSESSMENTS $1,975,000 $1,500,000 $1,715,500 $1,690,00 SAMPLE ASSESSMENTS $13,166 $10,000* $11,436 $11,266: ANNUAL PAYMENT @ ilt/10 YRS. $2,176 $1,65x3* $1,890 $1,862 (� @ 14%/10 YRS. $3,668 $2,786 $3,186 $3,138 @ 188/10 YRS. $4,002 $3,040 $3,476 $3,424 SEP, ENTERPRISES September 10 , 1982 Honorable Mayor Bishop & City Council Members City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Re: 72nd Avenue Proposals Dear Honorable Mayor Bishop and City Council Members: As owners of WenJim Properties and in reference to tax lots #251-12DC 100 ID#42a and 251-12DC 300 ID #42b, I am writing in behalf of Wendell Lile and myself requesting your affirmative vote for the compromise proposal outlined in Robert Jean' s memorandum attached, dated September 3, 1982 . Thank you in advance for your consideration in voting for this compromise proposal. Si_,.ncerely yours, / � ,. 4. ,JAMES B. LARSEN JBL/lim cc: Wendell B. Lile Robert Jeans Frank Currie 8770 S.W.SCOFFINS • SUITE 208 e TIGARD,OREGON 97223 0 (503) 620-1745 M E M O R A N D U M TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BOB JEAN, CITY ADMINISTRATOR DATE: SEPTEMBER 3, 1982 SUBJECT: 72nd AVENUE SUMMARY The fcilo::ing is a summary of the recently discussed 72nd Avenue LID options and financial consequences. EXPENSES & CURRENT SAYDOFF ESTIMATE ESTIMATE RESOURCE PROJECT PROPOSAL PROPOSAL COMPROMISE REQUIREMENTS 40'/60' ROW 32'/50' EMT 329/50) EMT 401/50' EMT CONSTRUCTION $1,625,000 $1,500,000 $1,737,000 $1,625,000 ROW/EMT 555,000 200,000 265,500 265,500 SUB—TOTAL $2,180,000 $1,700,000 $2,002,500 $1,890,500 L, A & E 270,000 300,000 303,000 274,500 TOTAL $2,450,000 $2,000,000 $2,305,500 $2,165,000 CONTRACT ASSESSMENT $1,425,000 $1,300,000 $1,450,000 Y.L,425,000 ROW ASSESSMENT 555,000 200,000 265,500 265,500 ASSESSMENTS $1,975,000 $1,500,000 $1,715,500 $1,690,500 CITY 475,000 500,000 590,000 474,500 TOTAL $2,450,000 $2,000,000 $2,305,500 $2,165,000 DESIGN CAPACITY 15-20 YEARS 5 YEARS 5 YEARS 15-20 YeARS TOTAL ASSESSMENTS $1,975,000 $1,500,000 $1,715,500 $1,690,000 SAMPLE ASSESSMENTS $13,166 $101000* $11,436 $11,266 ANNUAL PAYMENT @ ll%/10 YRS. $2,176 $1,653* $1,890 $1,862 @ 14%/10 YRS. $3,668 $2,786 $3,186 $3,138 @ 18$/10 YRS. S4,002 $3,040 $3,476 $3,424 CITY OF TIGARD, OREGON ORDINANCE NO. AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF AUGUST 30, 1982 WITH RESPECT TO 72ND AVENUE STREET LOCAL IMPROVEMENT DISTRICT COMPROMISE ALTERNATIVE (L.I.D. #21) ; APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF STREET IMPROVEMENTS; DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO; PROVIDING FOR THE MAKING OF SAID IMPROVEMENTS, AND DECLARING AN EMERGENCY. WHEREAS. Resolution No. 82-100 was duly passed by the City Council of the City of Tigard at its special meeting of August 30, 1982, a copy whereof is hereto attached and by this reference made a part hereof to the same legal force and effect as if not forth herein in full, by the terms of which the boundaries of a propcsed street improvement assessment district were described. and the Council declared its intention to construct a street Improvement and to assess the costs thereof against the property within the boundaries specially benefited; and WHEREAS, by the terms of said resolution a hearing was duly called to be held in Fowler Junior High School, 10865 SW Walnut Street, Tigard, Oregon, on September 13, 1982 at the hour of 7:30 P.M. for the purpose of affording an ' opportunity to any parties aggrieved by the proposal to make objections or remonstrances to the proposed improvement; and WHEREAS, pursuant to said resolution, due and legal notice of said hearing was given by publication in the Tigard Times on September 9 and 16, 1982 prior to said hearing; and WHERE& , said hearing was duly and regularly called to order and held in Fowler Junior High School at 10865 SW Walnut Street, Tigard, Oregon, on September 13, 1982 at the hour of 7:30 P.M. WHEREAS, by the terms of said resolution and publication, written objections or remonstrances from the owners of not less than 66 2/3% of the property within the boundaries of said area were invited, and all objections and remonstrances as thus presented prior to and at the hearing represent the owners of less than 66 2/3% of the property in the area within the improvement assessment district and that the percentage of remonstrances is not a ban to further proceedings in the making of said improvements; WHEREAS, all proceedings to date have been in conformity with 223.387 and 223.389 Oregon Revised Statutes and Tigard Municipal Code, Chapter 13 of the City of Tigard, and all procedures were regularly and lawfully conducted; WHEREAS, the Council finds that existing litigation surrounding S.W. 72nd Avenue Area LID #t21 places that project, the property owners within that district, and the City of Tigard as a whole, in an uncertain financial position and that the Council finds it necessary to develop this alternative financial option for S.W. 72nd Avenue Area LID #21. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1. That all matters not forth in Resolution No. 82-100 of the City Council of the City of Tigard, Oregon on August 30, 1982, a copy whereof is hereto attached marked Exhibit "A" and by reference herein made a part hereof to the same legal force and effect as if set forth herein in full, be, and the same are hereby approved, ratified and confirmed. and the boundaries of the area known as 72nd Avenue Street Local Improvement District as heretofore described in said resolution, be, and the some are hereby declared and fixed in accordance with said description. Section 2. That the City Council of the City of Tigard, having acquired jurisdiction�to order the improvement to be made, does hereby authorize and direct the construction of a street improvement within the boundaries of said 72nd Avenue Street Local Improvement District in conformity in all reasonable particulars with the plans and specifications of said resolution adopted and hereby ratified and confirmed. Section 3. That this Ordinance is expressly conditional upon: 1) The execution of an express written agreement between Industrial Contract Carriers, Incorporated, an Oregon corporation, and City of Tigard, that provides for a settlement of all litigation between said parties relative to the 72nd Avenue Area LID by September 24, 1982. 2) The absence of any litigation relative to the 72nd Avenue Area LID prior to the sale of bonds to finance said Local Improvement District. Should any new litigation begin, or any pending litigation remain relative to 72nd Avenue Area LID, this resolution shall become void and Resolution 82-22 and Ordinance 82-13 shall remain in effect. 3) That all easements and rights-of-way necessary for said improvements, shall be agreed upon by September 24, 1982. 4) That the Council is satisfied that the settlement is the most fiscally sound alternative. Section lam. . That inasmuch as it is necessary for the peace, health, and safety of the people of the City of Tigard that the said improvements be constructed with the least possible delay, an emergency is hereby declared to exist, and this ordinance shall become effective upon its passage by the Council and signature by the Mayor. PASSED: By the Council, by unanimous vote of all Council members present, after being read two times by number and title only, this day of 1982. City Recorder - City of Tigard APPROVED: By the Mayor, this day of 1982. i r� Mayor - City of Tigard ORDIKANCE NO. 82- i Page 2 dile 0285A) 7275 SW Varns St Tigard, OR 223 Se U tember �, j 19 i3 City Council City of Tigard � $ x.982 Tigard, OR 97223 4 - Re : LID #21 Gentlemen: The LID #21 construction project now being undertaken on SW 72nd Avenue is of much concern to me , inasniuc:h a5 it appears to be involving me to a considerable extent monetarily, an involve- ment which I feel is not entirely warranted . I offer the follow- ing justification for my belief , so please bear with me if this gets rather lengthy. When I moved to my present home at 7275 SW Varns Street in November 1976 , nothing was said about the LID. In 1977 the State Highway Department talked about building a completely new Inter- change from the East side of SW 72nd Avenue to Highway 217 and connecting with I-5 . During the ensuing years , several meetings were held and various plans presented before they settled on the plan now under construction. This construction on SW 72nd Avenue extends from SW Hampton Street to the East Section of Varns Street (south of my property) . I feel that my property should not be included in LID #21 since I liv: in this area where the State is doing the Interchange road work. On July 8, 1982, I talked with Mr. Rose, Mr. McClure, and Mr. Hurd of the State Highway Depart- ment, and they could not understand why the City was coming as far as my North property line with the the LID #21 since the State was doing this work on SW 72nd Avenue from Hampton to East Varns Street (still to the South of my property) . The State Highway work is being financed through the State Gasoline Tax monies. There appears to be no logical reason for LID #21 to overlap the State Interchange project. Following is a listing of the various amounts quoted to me regarding the City' s determination of my "share" of the LID as- sessment: Jan 14 , 1981 $875 .00 Mar 19 , 1981 $282 .69 Apr 1, 1982 $282 . 69 Apr 21, 1982 $267.38, or $156 .71, or $1, 169 .41 , or $1,058 .73 July 16 , 1982 $607 .72 (Paid $607 .72 by my Check #1605 . Assess- ment Notice indicated this amount must be paid within a specified time or property would be seized ! ) Aug 5, 1982 $226 .15 (On Aug 11, I offered payment of $226 . 15 with my Check #1613, but City refused because at that time they were not certain teat amount requested in Assessment Notice Was correct! ) Ltr to Tigard City Council Sept 8 , 1982 Re: LID #21 Aug 24 , 1982 $226 . 15 11 r(_­subniit_ tcJ Cl-­k 41613 ":1 Aug 25 , and this rime the Ctty Sept 2 , 19821 $883 . 87 (Please. nuts, ! [',Ar ! i' -L--; T:(-)taL amount (2uvcced by my Check t'tIoU'3 alld A:'. i" i'; Does tliL�_; indicate that tli- 1111UL"It 01 d;;. final 11 1 L) #21 Ass(2- ssment aj a i i i t;t me , Ur i 1, 1 wore f ? It appears ti-lat the coultiiercial and iridust-ri,i.L 11101IL3 72nd Avenue arc, !)enefitted the most ti-c-)Ill LID # 21 very lario trucks and trailers use the thoroughfare- daily . 1 '1111 a Senior Citi- Zen and my home is used only as my private residency, . I contri.butc very little to the vehicular traftic on SW 72nd -- a few trips T ,) town each week, mostly routed by a left turn L1701II Hunziker Street or to Highway 217 , JJILIS by a few friends or my small cenlail-lif-J i:,ffl1JlY - it i:-; iliv LinderstL11i"l- ing that the other properties on Vai-ns Street aL-o nur A_n,ALi,1,f-_.d tit these assessments at this time. I JC.)WeV(,y- , it Vj()1,1 1,_1 Ll I)[jL_1,A C L 11,A t i L I the properties on West Varns , Chari.-y Street , Fir Circle , Fir Stt-,2(2t ' and Sandberg center would use the area it-, the LID 421 more than 1 . Why was the property adjoining mine on the corner of SW 72nd Avenue and Hunziker Street not included in the LID? Surely thQ new commer- cial and industrial businesses on Hunzilr-ler Street an,1 Bonita Ruud find using 72nd Avenue convenient also. I understand that LID #21 initially was formed merely to straigh- ten out the 'IS" curve , fill in the low spot at 72nd Avenue & Bonita Road, and widen that small section of 72nd Avenue which is several blocks south of my property; but now it has become a major project with the City using it as an opportunity to commercialize and indus- trialize this whole area at the expense of a few, rather than its being considered as a city-wide matter . The traffic volume on SW 72nd has increased steadily since I moved here. Obviously this in- crease has been generated by more than just local users ; therefore, I strongly suggest that 72nd Avenue improvements be put to the vote of all the Tigard taxpayers for their decision and assessment, if they so vote, rather than the 5 members of the City Council doing the taxing against us . Is the City charging us for any Part of the Tualatin Water Main Construction Project along 72nd Avenue if so, I strongly object to it or any other hidden charges against my property . In view of the above, I would appreciate your reconsideration of this matter and the elimination of my property from LID #21 , as I live in the West Section of Varns Street and am already included in the Interchange work being done through the State. Yours truly, Mrs . Florence Archer 2 i F� [t i lF- M E M O R A N D U M c f C t F TO: THE HONORABLE MAYOR AND CITY COUNCIL i FROM: BOB JEAN, CITY ADMINISTRATOR i l DATE: SEPTEMBER 3, 1982 i SUBJECT: 72nd AVENUE SUMMARY The following is a summary of the recently discussed 72nd Avenue LID options and i financial consequences. f EXPENSES & CURRENT SAYDOFF ESTIMATE ESTIMATE RESOURCE PROJECT PROPOSAL PROPOSAL COMPROMISE REQUIREMENTS 401/60' ROW 321/50' EMT 321/50' EMT 40'/50' EMT e CONSTRUCTION $1,625,000 $1,500,000 $1,737,000 $1,625,000 ROW/EMT 555,000 200,000 265,500 265,500 SUB-TOTAL $2,180,000 $1,700,000 $2,002,500 $1,890,500 L, A & E 270,000 300,000 303,000 274,500 C . DOTAL $2,450,000 $2,000,000 $2,305,500 $2,165,000 CONTRACT ASSESSMENT $1,425,000 $1,300,000 $1,450,000 $1,425,000 ROW ASSESSMENT 555,000 200,000 265,500 265,500 ASSESSMENTS $1,975,000 $1,500,000 $1,715,500 $1,690,500 CITY 475,000 500,000 590,000 474,500 € TOTAL $2,450,000 $2,000,000 $2,305,500 $2,165,000 DESIGN CAPACITY 15-20 YEARS 5 YEARS 5 YEARS 15-20 PEARS TOTAL ASSESSMENTS $1,975,000 $1,500,000 $1,715,500 $1,690,000 SAMPLE ASSESSMENTS $13,166 $10,000* $11,436 $11,266 ANNUAL PAYMENT @ ll%/10 YRS'. $2,176 $1,653* $1,890 $1,862 @ 14%/10 YRS. $3,668 $2,786 $3,186 $3,138 C-@ 18%/10 YRS. $4,002 $3,040 $3,476 $3,424 72nd AVENUE SUMMARY i C EPTEMBER 3, 1982 i PAGE TWO E PROCEED AS FUNDS PERMIT SE'T'TLEMENT? f J3/30 M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a Resolution of Intent s 4 o Resolution Call-For-Assessment Hearing o Button-Up Costs/Contract Change Costs? Ex.S. 8/31 T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • Mail Notices i o Plans & Specs. Amendment to Recorder 9/1 W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9/2 T . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . o Publish Resolutions 9/3 F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . g 9/6 M . . . **** LABOR DAY HOLIDAY ****. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9/7 T . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9/8 W . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . o Info. Meeting with Property Owners 9/9 T . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9/10 F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 9/13 M . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . o Ord. Create District & Levy Assessments o Mail Notices 9/14 T . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9/15 W . . . . . . . . . . . . . . . . . . .. . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . • . . 9/16 T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9/17 F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9/20 M . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . : 9/21 T . . . **** CIVIC CENTERELECTION. **** .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9/22 W . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9/23 T . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9/24 F . . . . .. . . . . . . . . .. . . .. . . .. . . . . . . .. a Easements Dedicated? o Applic;tions Received? o Saydoff Drops Lawsuit? 9/27 M o 1st Reading, 2nd Sale Bond Ord . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9/28 T o 2nd Reading, 2nd Sale Bond Ord . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 9/29 W . . . . . . . . . . . . . . . . . ... . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9/30 T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10/1 F . . . . . . . . . . .. . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10/4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WEEK OF. . . a 10/7 1st Publication . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10/11 WEEK OF. . . o 10/14 2nd publication ... . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . e 10/15 No Suits/No Appeals? . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10/18 WEEK OF. . . o Repeal. 2nd Sale-LID Ord.? . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10/25 WEEK OF. . . a 10/27 2nd Sale G.O. Bond . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11/1 CT.JEEK OF. . . . . . **** GENERAL ELECTION (1#$) **** . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. ../8 WEEKOF. . . o Win Appeals . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . s G.O. Bond Sale? . . . .. . . . . o Negotiate Warrants and S.A. Bond . .. . . . .... . ... . ... . . . . . . . . . . . . . . ... . . .... . . . . . . . Sale? F 72ND LID COMPROMISE ? Elements City Sadoff Compromise -Row 60' 40" & Easements (OK)-Except Misc. & Intersections -Row $ $555,000 $50,000? Give (OK)-No change in Easements - -assessments -Basic_Road--.._- _.- 40_-'(13 _+14_. F13) _._32'_C 4" t 14_} 4) -_-:"(OK)-(16.+16.w/.. .S/W) -Curb Cuts.. Standard' Wider (OK) -S-Curve Realign Realign (OK) -Bonita Grade Improvement Grade Improvement (OK) -RR Xing Grade Improvement Grade Improvement (OK)-PUC? & Widen (40') & Leave (32') -Carmen Realign & Realign & Traffic Signal & Traffic Signal Traffic Signal Realign, but no If Pac. T. Cost Change in Assess. -Carmen to Durham 40' 40' If Pac.T. Cost 40" No change in Assessments -So. Drainage Project Cost Pact. T. Cost No Change in Assessments -Finance $1.5M & Row $ Remove $1.5 CAP ? No Change in over $50K + City $ City Pays 25% Assessments -Assessment method Average FF/Area Gross Area only + **-No Change in and Gross Area Add Rolling Hills Assessments -Other *-Easements by 9/30/82? **-100% Waivers -Letter of Agreement from Sadoff 8/30/82 -Contingent Upon. .. -No suits/appeal 10/5/82 CONSULTING ENG I` EFRS& SURVEYORS •:45--,1GC CENTER WII SONN'll LE., OREGON 97070 9450 CIRCLE (503) 682-2450 August 29, 1982 Frank A. Currie, P.E. Director of Public Works City of Tigard 12755 S.W. Ash Ave. P.O. Box 23397 Tigard, Oregon 97223 Dear Frank: Attached is our (ninimum estimate of costs currently committed and necessary to be expended if the council should order the 72nd Avenue LID project stopped effective August 30, 1982. No mention or accounting has been made of the likely chance of continuing litigation along with the legal exposure and maintenance costs, all of which could be overwhelming. Sincerely, MARLIN J:' DE HAAS, P.E. MJ D/j d Attachment cc: 80.194. 118 C C BUTTON-UP COSTS (If decision made 8/30/87_) Preliminary Engineering (Planning) $ 45,040 Construction $218,300 Paid to date 52,250 Estimate for August, 1982 13,500 Pay up Retainage 69,300 Button-up work Off set for Mat'l s, Ordered or Produced 20,000 Allowance for Staging, etc. — t428,350 99,295 Final Design Engineering 5,260 Inspection Services (Engr. ) 56,400 Field Surveying (Engr- ) Alt. Design Est. (28 ft w/ditch & shouldr. )(Engr. ) 5,230 2,470 Alt. Design Est. (Revision to 32 ft) (Engr.) 2,000 1•9isc. other services reque �ed by city (Engr. ) s- 265,575 R/W & Easements (min.) 2,140 Legal (Excluding R/W & Easements) 5,355 City Administration Sub Total : $917,115 Contingency 57o: 45,855 Grand Total Button-up Costs: X962°,9/D C CIT(OF TI6A WASHINGTON COUNTY,OREGON September 1, 1982 SUBJECT: 72nd AVENUE LID, COMPROMISE OPTION, WORKSHOP ON SEPTEMBER 8 and HEARING ON SEPTEMBER 13 Dear Property Owner: Since 1978 the City of Tigard has attempted to work with the property owners along 72nd Avenue towards the improvement of that road. Just about every design, assessment and financial option has been discussed over the years in E a series of public hearings. The City feels that it has sought to comi-omi.se and adjust .the LID to best fit with the wishes of the property owners and tile needs of the community. In. seeking these compromises , we may have achieved more confusion than consensus. 3 In this spirit of compromise, and at the risk of further confusion, the City has again met with several of the property owners at their request to explore yet another option. As you may or may not know, a lawsuit has been filed by f a property owner against the project. This lawsuit may jeopardize your right to use General Obligation Bancroft Bonds to finance your share of the project assessment. The suing party, also in a spirit of compromise, has suggested s some changes to the project which might cause him to drop the suit and allow ! the sale of Bancroft Bo.T_1s_ The Compromise Option may involve a design change from the current 40 foot, down to 32 foot of paving; and, it would basically limit the road system to t a 40 foot right-of-way within a 50 foot easement, instead of the proposed 60 foot right-of-way. Additionally, if this compromise can he achieved in time for. the General Obligation Bancroft Bond sale in October, then these lowered assessments can be financed at the lowest possible rates. If construction, right-of-way or easement, and financing costs can be reduced, then we are all better served. Attached to this letter is a standard notice of assessment, but one which splits your basic assessment from the right-of-way deficit assessment. If, in the spirit of compromise, easements are given instead of rights-of-way purchased, then your deficit assessment may be significantly reduced. i i informal • workshop on this Compromise Option and financing alternatives will be held at Gerber Legendary Blades, 14200 SW 72nd Avenue, at 4:00 p.m. , Wednesday, September 8, 1982 (use front entrance) . The Public Hearing will be held at Fowler Jr. High School, 10865 SW Walnut, Tigard, at 7:30 p.m. , Monday, { September 13, 1982. Continued . 12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 �. 72nd AVENUE LID, COM1'KOMISE OPTION, wop2 -,SIIOP ON SEP'IEM11I:1: ti ""d 11PARI NG ON SEPTEb BEP 13 1, 1982 PAGE TWO In order for the Compromise Option to work, the following deadlines and conditions must- be met: s Easements to be granted and rights-of-way to be returned not later than September 24, 1982; ® New applications for Bancroft Bonding (mailed by the City on September 14, 1982) , still with the higher deficit amount, must be signed and returned to the City not later than September 24, 1982; O Lawsuit dropped, and no other pending or possible litigation, by September24, 1982; o Then, the City Council will lower the deficit amount down to the known costs for easements and/or rights-of-way, crediting your account; o Then, the City Council will repeal inconsistent ordinances and pass a Bancroft Bond sale ordinance. decisions will definitely affect you. If you have not participated in the past, you should do so now. Your involvement is encouraged. Please feel free to contact ei.ther Frank Currie, Public Works Director/City Engineer, or myself if we may be of any assistance. , Yours truly, CITY OF TIGARD �V Robert W� Jean, City minis trator RWJ dkr CpCL RA AoFD 0/n DA September 2, 1982 r: , CITYOFTIFARD WASHINGTON COUt4M OREGON SAMACK, Inc. • 14750 SW 72nd Avenue Tax �,ot 2S 1-12A_ 2802 Portland, Oregon 97223 ID 66 32' C01•1PROMISr PROPOSAL Dear Sir, The purpose of this letter is to inform you of an additional public hearing to be held -before the. Tigard City Council at 7:30 p.m. on Monday, September 13, 1982, at Fowler Junior High School, 10865 Std Walnut Street, Tigard, Oregon, to consider a proposed.• compromise,.pro3ec.t. scope.. . .: A-;public._...meeting for the purposes oL ,levying final- assessments`.against' 'properties"."x-7 thin ' Lhe `assessment "district.'-boundaries' in the Sl•! 72nd Avenue Local Improvement District (LID #21) Compromise -Proposal' will also ba held, - Your proposed share of the assessable cost of this comproriise project is 19,`459.31 14. 181 .76 for the basic project and. $ 5.277.55 for-'rhe deficit assessment for right-of-way acquisition in excess of ? 56,666. 1 If you cannot attend this meeting, or do not wish to appear, you may file a written objection with the City Recorder prior to the public hearing. Objections must state the reason for the objection. , The approved assessment- roll will be levied against the properties 11ithin the district. You . will be mailed - an Assessment Notice reflecting the Council's decision. Assessments mill be due and payable upon receipt of the Assessment Notice unless you wish :to pay the assessment in semi-annual installments. Then you must file an "Application for Installment Payment of Assessment- by September 24, 1982. If you do not file this form within the prescribed time, you cannot pay the assessment in installments. An installment application will be encloses at that time. As maentioned in the attached tetter of explanation, all offers relating to Bancroft Bonding are contingent upon no lawsuits or litigation pending on this project. 1 Deferments of payments on the basis of age or zoned use are available to qualified owners. Criteria for qualifying deferral of assessments will also be encl-osed at that t1me. If. you have any questions, please contact me at City Ball, 12755 SW Ash, Tigard, Oregon, or telephone 639-4171. Yours truly, --�f�1'115'P'0001 Frani. A. Currie, P.I.. Director of Public Works �'-- 12755 S.W.ASH P.O. BOX 23367 TIGARD,OREGON 97223 PH:639-4171 Q oil C� CITY OF TIGARD. OREGON ORDINANCE NO. 82- AN ORDINANCE DETERMINING THE COST OF STREET IPSPROVE14ENTS IN THE 72ND AVENUE STREET IMPROVEMENT DISTRICT (LID X21) , RATIFYING AND ADOPTING THE APPORTIONMENT AND PRE-ASSESSMENT OF THE THE COST ASSESS4iBNT TO ANDSPECTIVE DIRECTING THE S ENTRY I OF WITHIN THE DISTRICT, SPREADING ASSESSMENTS IN THE LIEN DOCKET AND DECLARING AN EMERGENCY. s THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section I. The Council finds that by Ordinance No. 82- adopted on September 13, 1982, the Council authorized and directed that the street improvements within the boundaries of the 72nd Avenue Street Local Improvement District (LID #21) , as bounded and described in Resolution 82-100, be undertaken by contract, and that that work will be completed. Section 2. The Council finds that the total assessable costs of the improvements within the boundaries of the Improvement District is the sum of $1 900.000 including right-of-way acquisition costs for said improvements, a combination front foot-area basis against all shall be assessed in full, on lands within said improvement district, and the Council further finds that all lots, parcels or parts of lots within the boundaries of the District as defined in Resolution 82-100 are specially benefited and together shall bear equitable shares of the cost of the improvement. Section 3. The Council further finds that the apportionment of the cost of the improvement upon each lot, part of lot or parcel, as prepared by the City, entitled and as set forth in the attached schedule, "72nd Avenue Street Local Improvement District, #21,'° which by reference is made a part of this ordinance, is according to the special and peculiar benefits accruing to each from the improvement. Section 4. The Council further finds that the City Recorder of the City of mailed or caused to be personally delivered to the owner of each Tigard has lot or tract proposed to be assessed a notice of pre-assessment, which notice stated the amount of the pre-assessment proposed on that property and also stated a date by which time objections should be filed with the City Recorder unless said property owners filed a waiver of notice. Section S. The Council finds that at its regular meeting of September 13, 1982 the City's final estimates of pre-asaessmenta and all objections filed with the City Recorder were duly considered, and the City Council at that time to b determined the pre-assessment o properlyapportioned each parcel, part according ofr t loor lot special and peculiar benefits accruing Each lot, parcel, or part of lot as within the improvement District. Eac designated in the attached apportionment schedule is hereby assessed and Charged with the total sum shown on the lien opposite, and the pre-assessment shall constitute a lies against each of the said properties from and after the passage of this ordinance and entry in the City lies record as hereinafter isrovided. 4i 3 } e } Section 6. The City Recorder is hereby directed to enter each of the lots, t part of lots, or parcels and the amount of pre-assessment against each, as shown, by the attached schedule, in the lien docket of the City separate from 4 other prior or subsequent assessments, and the same shall constitute a lien against each respective lot, part of lot or parcel, and bear interest not to exceed the rate prescribed by law for bond issues. [ORS 288.520 (2)] t Section 7. That inasmuch as it is necessary for the peace, health, and safety of the people of the City of Tigard that the affected property owners be j notified of the assessment herein with the least possible delay, an emergency is hereby declared to exist, and this ordinance shall become effective upon its passage by the Council and signature by the Mayor. PASSED: By _ vote of all Council members present, after being read two times by number and title only this day Of , 1982• City Recorder SIGNED BY THE MAYOR THIS DAY OF 1982. Mayor C ORDINANCE no. e2- (File 0239A) 72ND AVENUE AREA LOCAL IMPROVEMENT DISTRIC ASSESSMENT ROLL .. Florence Archer TM 2S1-lDB TL 701 7275 SW Varns Tigard, Oregon 97223 j 2. Richard & Molly Gorger TM 2SI-IDB TL 710 ' � j ` 13235 SW 72nd Avenue Tigard, Oregon 97223 3a Sxt=& Helen M. Metzgg-r TM 2S1-1DB TL 800 1 Route $-�- Box 267C Sherwood, Oregon 97140 3b David Metzger & TM 2SI-IDB TL 801 Marlene Stewart 13265-SW-42nd Ri"• `}'-009 2-67G .T4ga-r-d.,-Q=gon -93-223- . - S:tF;2w�fl�oRE r7'7/5� - -Lind A. Patrick i 4625 SEldex�re�Road Milwaukee, Oregon 22 4. Raymond.B. & Phyllis G. Ems. TM 2SI-IDC TL 3600 13400 SW 76th Tigard, Oregon 97223 Gus & Loraine Greco TM 2SI-IDC TL 100 21, ` 13425 SW 72nd Avenue Tigard, Oregon 97223 6: William G. & Margaret Dickoff TM 2SI-lDC TL 200 U 1 13455 SW 72nd Avenue Tigard, Oregon 97223 '. Paul & Lenore Warner TM 2SIrlDC. TL 300 10300 SW Century Oak Drive Tigard, Oregon 97223 2 r $. Anthony & Karalee Maksym TM 2S1-IDC TL 400 13565 SW 72nd / Tigard, Oregon 97223 !�U 90 Robert R. Gage TM 2SI-IDC TL 5001 O 13615 SW 72nd _ Tigard, Oregon 97223 I vJ 95 s IQ. Audree Suprine TM 2S1-1DC TL 600 ' 8350 NE Tillamook Portland, Oregon . 97220 g / U 2- K. & L. Investments TM 2SI-IDC TL4500 V P.O. Box 3896 Seattle, Wash. 98124 Charles K. Anderson Leslie H. Ross, Jr. t '12a ILC, INC., J.B. Neaman TM 2S1-lDC TL 4600 � 1805 NW Glisan Portland, Oregon 97209 J Sinss D. � Oregon t�_aate University Foundation c/o Richard-Canady 900 SW Fifth Av-e-itte Portland, Oregon 9720` Ronal. Nordeen, Exec. Dir. St. Vince edical Foundation 9205 SW Barnes dd Portland, Oregon 97Z�5 `1 12b ILC, INC.,. J.B. Newman TM 2Sl-1DC TL 4700 1805 NW Glisan Portland, Oregon 97209 CJames D. - Oregon-state University Foundationr c/o Richanady 900 SW Fifth Ave Portland, Oregon 97 - 'k0nald Nordeen, Exec. Dir. f St. vinteixt,�edical Foundation . 9205 SW Barnes--Road Portland, -Oregon----9-1225 -.. 13. Siemens-Allis, Inc. TM 2S1-IDC TL 4000 Circle AW Products Co. P.O. Box 23455 Tigard, Oregon 97223 � t" • 14. Siemens-Allis, Inc.' TM 2S1-IDC TL 1100 Circle AW products Co. P.O. Box 23455 s Tigard, Oregon 97223 J 15- Siemens-Allis, Inc. TM 2S1-IDC TL 1000 , Circle AW Products Co. Attn: H. Ai. Anderson, etal 3427- NE-Halsey POOZ3 SSS -Portt'aic , Oregon --972Z-13 V61=" C r, 16. Lillian Hiekethier TM 2S1-lDC TL 900 12207 NW Cornell Road Portland, Oregon 97229 17. David L. & Beverly A. Hurt *TM 2SI-IDD TL 1000 10645 SW Fairhaven Street Tigard, Oregon 97223 i 18. Northern Yards TM 251-12A TL 602 Waldo Stransky, Chairman of Board. i Doug Rosenberg, President Jim Allyn, Secretary � Larkin Y.aliher, Treasurer k P.O. Box #23368 Fame 19. Prentiss & Nancy Hicks TM 2S1-12A TL 605 ;, 17535 SW Riegert Road Beaverton, Oregon 97005 20. A ory E. Warne TM 2S1-12A TL 606 2917 SW Westview Circle Lake Oswego, Oregon 97034 21. 2 i3olee as inga& i�gp' TI-12S1-12A TL 600 / ` 7330 Sin' Landmark Lane Portland, , Oregon 97223 Philip B. Feldman, President 22. Richard L. & Bette Lee Pike TM 2S1-12A TL 604 2234 SW Fernwood Circle Lake Oswego, Oregon 97034 _ G 23. Margaret B. Weiss TM 2S1-12A TL 601 � I _ 7900 Callaghan Road #300 San Antonio, Texas 78229 24. Fought Co., Inc. TM 2S1-12A TL 401 P.O. Box #23759 Tigard, Oregon 97223 , E 25. Joseph M. Fought, etal TM 2S1-12A TL 402 P.O. Box #23759 Tigard; Oregon 97223 --� 26. Fought & Co., Inc. TM 2S1-12A TL 502 iS7 � P.O. Box #23759 Tigard, Oregon 97223 '4- 27a 4 27a Richard G„ .& Bette Lee Pike TM 2S1-12A .TL 400 f P.O. Box #23187 Portland, Oregon 97223 r Lf f 27b Richard G. &Bette Lee Pike TM 2S1-12A TL 403 _ 2234 SW Fernwood Circle Lake Oswego, Oregon 97034 28 National. Safety Co. TM 2S1-12A TL 1900 Route 1 - Box 575M Beaverton, Oregon 97005 John Skour.tes 28• William Flett f 17655 Lomman Road t Nehalem, Oregon 97135 r 1 29. Louis & Phyllis Whitlatch TM 2Si-12A TL 2000 (} , 2340 Park Road Lake Oswego, Oregon 97034 30. Charter Page, Inc. TM 2S1-12A TL 1902 �� F P.O. Boy; #1258 Englewood,. CO 80150 Attn_ Comptroller o y Thomas M & Riley R. Taylor TM 2SI-12A TL 2101 c/o Ace Electric % P.O. Box -2-3-k9 - Tigard, Oregon 97223 322. Allen P. Crombie & TH 2SI-12A TL 2100 Gene Garoutte 14835 SW 72nd Avenue , Tigard, Oregon 97223 33. Otto Sorg hl 2SI-12A TL 2200 ..� Roger P. Sorg 8000 SW Pfaffle Street Tigard, Oregon 97223 34. A.H.Buck Estate TH 2SI-12A TL 2300 1046 SW King Avenue _ Portland, Oregon 97205 `y, 33: Zel Chemical Distributing TM 2SI-12A TL 2400 P.O. Box #23114 Tigard, Oregon 97223 (J, 36. So. Pacific Industrial Dev. Co.TM 2SI-12A TL 2500 - 304 Union Station Portland, Oregon 97209 � . 37. Karl E. Neupert TM 2SI-12DB TL 400 John P. Neupert--II o tot Y, Peter M. Neupert 41114 1740 SW Hawthorne Tr. Poriland,' Oregon 97201 38. So. Pacific Industrial Dev. Co. TM2S1-12DB TL 300 �. ` � 304 Union Station 'Portland, Oregon 97209 39. Simmons Company TM 2S1-12DB TL 100 • l icJfu. v«P.I 61A.1.41. - /0$0p3?- cS8n"1-. , .c'�iLeY�• 30'3 $ SEE NEW ADDRESSI! 40. Halvoison Investment Co. TM 2SI-12DB TL 200 P.O. Box #1449 Portland, Oregon 97207 � 41. So. Pacific Industrial Dev. Co.TM 2SI-12DC TL 200 � f 304 Union Station Portland, Oregon 9720909 . 42a. Wenjim Properties TM 2SI-12DC TL 100 15605 SW 72nd Avenue Tigard, Oregon 97223 , f 42b. Wenjim Properties TH 2S1-12DC TL 300 . . 15605 SW 72nd Avenue Tigard, Oregon 97223 43. Andi:c & Linda Nadeau TM 251-12DC TL 400 / 15735 SW 72nd Avenue Tigard, Oregon 97223 •'44. • •Lynn B. & Monica McDonald Tri 2S1-12DC TL 500 � G � /' <.•` 8340 SW Ross Tigard, Oregon 97223 r � .5_ Donald & Rosalyn Peterson TM 2S1-1213C TL 600 10240 SW Hawthorne Ln. Portland, Oregon 97225 46a. George R. Killian TM 2S1-i2DC TL 700 4724 SW Macadam Blvd. Portland, Oregon 97201 46b. George Hi. Killian Tx 2S1-12DC TL 800 ' 4724 SW Macadam Blvd. Portland, Oregon 97201 . 46c. George H. Killian TM 2S1-12DC TL 900 4724 SW Macadam Blvd. Portland, Oregon 97201 46d. George R. Killian TM 2S1-12DC TL 1000 4724 SW Macadam Blvd. Portland, Oregon 97201 f 41. Watt Petroleum Supply, Inc. . TM 2S1-12D TL 2102 P.O. Box #272 Newberg, Oregon 97132 I John J. Tennant, Jr. TM 2S1-12D TL 1900 16075 SW Upper Boones Ferry Road ' Tigard, Oregon 97223 �- 49a. Howard & Marilyn Boyte TM 2S1-12D TL 1901 `•'' 1 11560 SW Fonner Tigard, Oregon 97223 49b. Howard & Marilyn Boyte TM 2S1-12D•- TL 19021 11560 SW Fonner . Tigard, Oregon 97223 .� -2- , 50. James Fenwick TM 2S1-13A TL 1301 X56 Oswego Summit .Lake Oswego, Oregon 97034 Patricia Fenwick Barrington Tri 2S1-13A TL 1301 3446 Blaine Street Seattle, Washington 98119 { 51.. Marjoria B. Fenwick Tri 2S1-13A TL 1200 Ambassador Apartments #701 1209 SW Sixth Avenue Portland, Oregon 97204 a. Pacific Realty Trust TM 2S1-13A TL 1101 Attn: Tom Wiitala " 1220 SW Morrison #fie �rO-' Portland, Oregon 97205 �.w2b. Pacific Realty Trust TM 251-13A TL 1103 1220 SW Morrison #-3£'S 1"a Portland, Oregon 97205 Attn: Tom Wiitala 52c Pacific Realty Trust TM 251-13A TL 1102 Attn: Tom Wiitala ` 1220 SW Morrison - #900 Portland, Oregon 97205 53a. Washington_ County TM 2S1-13A TL 2200 c/o Larry Rice, Public Works Director 150 N. First Street Hillsboro, Oregon 97123RICE 1 53b Gary-T�:-Rratrmer;-ii:5 TM 251-13A TL 1100 150 N. First ' Hillsboro, Oregon 97123 54 Bingham Investment Co. TM 251-13A TL 2101 � i 3838 NW St. Helens Road Portland, Oregon 97210 55. Pacific Realty Trust TM 251-13A TL 100 F _ Attn: Tom Wiitala 1220 SW Morrison #900 Portland, Oregon 97205 56a. Pacific Realty Trust TM 2S1-13A TL 103 1 Attn: Tom Wiitala 1220 SW Morrison #900 Portland, •ORegon 97205 .�. -J 1 56b Pacific Realty Trust TM 251-13A TL 104 Y/ - Attn: Tom Wiitala 1220 SW Morrison #900 Portland, Oregon 97205 56c. Pacific Realty Trust- TM 251-13A TL 105 Attn: Tom Wiitala ' 1220 SW Morrison #900 ' Portland, Oregon 97205 Empire Pacific Industries TM 2Si-13A TL 105 J P.O. Box 23577 Portland, Oregon 97233 56d. Pacific Realty Trust TM 251-13A TL 106 Att. : Tom Wiitala 1220 SW Morrison #900 Portland, Oregon 97205 56e. Pacific Realty Trust TM 251-13A TL 107 Attn: Tom Wiitala 1220 SW Morrison #900 Portland, Oregon 97205 56f Pacific Realty Trust T14 251-13A TL 103, f Attn: Tom Wiitala a �NWWW r swX10w --- . 56g. Pacific Realty Trust TM 251-13A TL 109 { Attn: Tom Wiitala ' 1220 SW Morrison #900 Portland, Oregon 97205 56h Pacific Realty Trust TM 2S1-13A TL 110 Attn. Tom Wiitala 1220 SW Morrison #900 Portland, Oregon 97205 < <" 56i. Pacific Realty Trust TM 251-13A TL 111 ' Attn: Tom Wiitala 1220 SW Morrison #900 Portland, Oregon 97205 S6J Pacific Realty Trust TM 251-13A TL 112 /7i ` ff Attn: Toga Wiitala 1220 SW Morrison - #900 Portland, Oregon 97205 56k Pacific Realty Trust TM 251-13A TL 113 Attn: Town Wiitala 1220 SW Morrison #900 Portland, Oregon 97205 .57. Subotnick Leonard & Ruth TM 251-la- TL 1802 r Lottie Siegel t c/o Pacific 'Realty Trust 1220 SW Morrison #900 Portland, Oregon 97205 rs 58 F. H. Tower TM 251-12D TL 1800 635 E. Burnside Portland, -Oregon 97214 59. Sharp Associates Inc. TM 251-12D,- TL 1200 . 12745 SW Beaverdam Road - P.O. Box 276 Beaverton, Oregon 9700.5 - z 60. So. Pacific Industrial Dev. Co--TA -251-12D TL 1300 304 Union Station Portland.,Oregon 97209 • 61. So. Pacific Industrial Dev. Co.' TM 251-12D TTS... 1100 - '6 304 Union- Station Portland, Oregon 97209 63. So. Pacific Industrial Dev. Co. TM 251-12D TL 100 "'� j ,� `-- - 304 Union Station Portland, Oregon 97209 'w. Dale Montgomery, Gen. Mgr. TM 251-12A TL 3800 PreDelivery Service 14880 SW 72nd Avenue Tigard, Oregon 97223 r IN �S. Charter Page, Inc. TM ?SZ-12A TL 2700 P.O. Box 01258 Englewood, CO 80150 1 _ 66. SAI-L%CK, Inc. TM 251-12A TL 2802 14750 SW 72nd Avenue Portland, Oregon 97223 67. Mrs. Susan V. Rogers TM 251-12A TL 2800 2851 NW Cumberland Portland, Oregon 9%210 68a. John & Marietta Smets Tri 251-12A TL 2902 6830 SST Bonita Road Tigard, '; Oregon 97223 - -w 68b. John & Marietta D. Smets TM 251-12A TL 3000 6830 SW Bonita Road Tigard, Oregon 97223 69. Cevurtx Furniture Co. TM 2S1-12A TL 3100 6600 SW Bonita Road Tigard, Oregon 97223 Ua. Ted Nelson Company TM 251-12A TL 200 r , P.O. Box #23398 Portland,Oregon 97223 -70b. Ted Nelson Company TM 251-12A TL 201'. P.O. Box #23398 rortland,Oregon 97223 r �' 70e. Ted Nelson Company TM 251-12A-. TL 301 P.O. Box #23398 � Portland,Oregon 97223 T f . 70d: Ted Nelson Company TM 2SI-12A TL 3900 P.O. Box #23398 Portland, Oregon 97223 ! , c AY Z � 71.. A. T. & Doris Nelson TM 251-•12A TL 100 P.O. Box #23398 - Portland, Oregon 97223 72a. Williams Air Control TM 251-12A TL 102 .% - Div. of Weatherhead Co. `' �a' 14100 SW 72nd Avenue '' .�v Tigard, Oregon 97223 VO� t16tple 36) �►� . 72b. Williams Air Control 4w 0 Tri 251-12A TL 10!k Division of Weatherhead Co. 14100 SW 72nd Avenue Tigard, Oregon 97223 I r- 73• Ceber Legendary Blades Til 2S1--12A 'LL 101 !� 14 200 S[J 72nd Avenue -Turd% Oregon 97223 74a. First State Bank of Oregon TM 2SI-IDC TL 4100 10888 SE Main Milwaukie, Oregon 97222 74b. First State Bank of Oregon TM 2SI-IDD TL 700 10888 SE Main Milwaukie, Oregon 97222 75 Joseph M. Fought TM 2SI-lDD TL 900 c/o T. & W. Equipment Co. 5000 SE 25th Portland, Oregon 97202 76. Georgia Pacific Corp. TM 2Sl-1DD TL 800 900 SW Fifth Avenue -m Portland,,Oregon 97204 . 77. First State Bank of Oregon TM 2SI-IDC TL 3900 10888 SE Plain Milwaukie, Oregon 97222 + 78- R.F.D. Publications, Inc. TM 2S1-IDD TL 701 6960 SW Sandburg Street Tigard, Oregon 97223 79. Ralph Leber Company TM 2SI-IDD TL 702 6900 SW Sandburg Road f Tigard, Oregon 97223 W. Investors Ins. Corp. TM 2SI-lDD TL 600 P.O. Box #23035 Portland, Oregon 97223 81. Assoc. Computer Service TM 2S1-',LDC TL 3800 P. O. Box #23097 Portland, Oregon 97223 F 82. First State Bank of Oregon TM 2SI-IDC . TL 3801 �j ! -/- ;: P.O. Box #22085 Milwaukie, Oregon 97222 83. B. L. Investments, Inc_ . TM 2SI-IDD TL -300 9525 Commerce Circle Wilsonville, Oregon 97070 84. Byers Photo Equipment Co. TM 2S1-IDD TL 401 6955 SW Sandburg Street Portland, Oregon 97223 85. Timber Operations Council TM 2S1-lDD TL 400 6825 SW Sandburg Street = { Tigard, Oregon 97223 86. The Tigard Mirisch Co. TM 2SI-IDD TL 500 Jeffrey R. Tamkin, Inc. f 10960 SW Wilshire Blvd. Los Angeles, CA 90024 t 't7_ CCI Real Estate Equity Fund TH 2SI-IDC TL 3702 c/o Jim Crumpacker 2300 SW First Avenue Portland, Oregon 97204 _ 88. Trademark Homes, Inca TAI 281-IDC TL 3701 7185 SW Sandburg Street Tigard, Oregon 97223 89. c/o Fewel-Comer Co., Inc. TH 2SI-2DC TL 3700 7095 SW Sandburg Road Tigard, Oregon 97223 90. Ace Electric Co. TM 2SI-IDD TL 1100 14795 SW 72nd Avenue Tigard, Oregon 97223 Don & Betty Byers TM-2S1-IDD TL 1100 6955 SW Sandburg Street Tigard,. Oregon 97223 91. . Don W. & Betty A. Byers TM 2SI-IDD TL 200 6955 SW Sandburg Street P.O. Box #23399 Tigard, Oregon 97223 �Z* Hyster Sales Co. TM 2SI-IDD TL 100 ° P.O. Box 2902 Portland, Oregon 97208 ' 93. E. Lee Robinson TM 2SI-IDC TL 4200 5-1 11125 SW Greenburg Road Tigard, Oregon 97223 94. E. Zee Robinson TM 2SI-IDC. TL 4300 r2, 6 ` ^ .. 11125 SW Greenburg Road Tigard, Oregon 97223 96. Margaret Custer Ford TM 2SI-IDA TL 1400 I 'p - #4 Weatherstone Lake Oswego, Oregon 97034 97. Frank Weigel., Jr. & TH 2SI-IDA TL 1500 _ Richard J. Kuehl 6223 SW Canyon Court Portland; Oregon 97221 _ 98. West Coast Lumber Inspec_ Bureau. TM 2SI-IDA TL 2000F '' f 6980 SW Varns Tigard, Oregon 97223 99. BPEEP Development Co. TM 2SI-IDA TL 2100 6960 SW Varns Road Tigard, Oregon 97223 E k r MMTM 2S1-IDA TL 1200 E. Lee Robinson 11125 SW Greenburg Road Tigard, Oregon 97223 TM 2SI-IDA TL 1300 101 E. Lee Robinson ' 11125 SW Greenburg Road Tigard, Oregon 97223 102 ' Steven T. Conley TM 2S1-IDA TL 1600 ' 515 Terrain Avenue Long Beach, California 90814 103. Fredrick A. & Kay A. White Tbi 2S1-IDA TL 1700 508 Laurel Lake Oswego, Oregon 97034 --f 104 'T W L A C TM 2SI.-IDA TL 1900 --Ll Jay Woodworth 7420 SW Hunziker Tigard, Oregon 97223 105 James F. & Eliz. Crumpacker TM 2S1-1DB TL 1100 02107 SW Greenwood Road Portland, Oregon 97219 b E. Lee Robinson TM 2SI-lDB TL 1000 11125 SW Greenburg Road Tigard, Oregon 97223 107 Ch,inoolc Investment CO- 1028 2Sl-IDA TL 1100 `t 1028 Bank of Calif. Tower Portland, Oregon 97205 108 Stuart L. - Tan Gorder TM 2S1-1DA TL 1000 , 7100 SW Fir Loop Drive Tigard, Oregon -97223 tj 109 Gerald T. aarpole TM 2S1-lDA TL 900 P.O. Box 025153 . Portland, Oregon 97225 'ZI 7 110 Zanley S Claire Galton TM 2SI-IDB TL 901 - .. - 640 Morgan Park Bldg- Portland .Oregon ldg.Portland .Oregon 97205 Equity Fund TM 2SI-IDA TL 800 111 CCI Real Estate Eq y - • c/o Jim Crumpacker 2300 SW First Avenue Portland, Oregon 972011 34 3 t -y L. R. Subotnick TM 2SI-12D TL 1801 c/o Security Bank of Oregon 15960 SW 72nd. Avenue Tigard, Oregon . 97223 a 115 Smets Machinery Co. TM 2S1-12A TL 3101 .3919 South Shore Blvd. t,. Lake Oswego, Oregon 97034 �j 116 Glen A. Henry TM 2S1-13A TL 1700 j � + 110 Iron Mtn. Blvd. Lake Oswego, Oregon 97034 a 7. ******* MEETING ANNOUNCEMENT ******* WASHINGTON COUNTY TRANSPORTATION COORDINATING COMMITTEE -Policy Group- Date: September 20, 1932 Time: 12:00 noon - bag lunches provided Place: City of Beaverton Operations Center 9600 SW Allen Boulevard Beaverton, OR 97005 AGENDA 1. Review of WCTCC testimony on the Regional Transportation Plan Larry Cole 2. Westside Reserve Highway and Road Funds: Identification and Initiation of Projects - Lon Topaz and Larry Rice 3. UMTA Section 3 Improvements Program: Overview - Paul Bay 4. Highway 217/26 Interchange Project Update: Right-of-:Jay Acquisition - Larry Rice and Ted Spence 5. Announcements 6. Discussion of next Agenda - Larry Cole NOTES 1. Agenda discussion materials will be distributed in a later mailing prior to the meeting. 2. Contact your WCTCC-Technical representatives for briefing on the agenda items. WASHINGTON COUNTY G. T643 ADMINISTRATION BUILDING -- 150 N. FIRST AVENUE \\ HILLSBORO,OREGON 97123 OOE�Ot� September 1 , 1982 BOARD OF COMMISSIONERS DEPT. OF PUBLIC WORKS VIRGINIA DAGG,Chairman ROOM 201 LYELL GARDNER,Vice Chairman (503) 6435886 JIM FISHER BONNIE L. HAYS LUCILLE WARREN To: Washington County (Technical ) Transportation Coordinating Committee From: Larry Rice, Director of Public Works Subject: Programming of Westside Reserve e-4 Funds Recent events at both the federal and regional level prompt me to expedite the programming of Westside Reserve as soon as possible so as to minimize the risk that these are the only funds left to draw upon for other projects in the region. To be more specific, there has been a known deficit in the anticipated cost of the Banfield project for a year now; with no one attempting to balance this problem through modification of their projects. Further, this deficit is above and beyond the $24 Million Section 3 reserve fund which 1 ) has been counted on locally to assist the Banfield, and 2) which without congressional action cannot be spent on the Banfield. Such action may be impossible to obtain. The bottom line is a possible $33-34 Million short fall on the Banfield. Given the acceleration of Portland and Clackamas County projects, those which will face jeopardy will be from Washington County. I propose that we immediately allocate the $16.9 Million to projects as shown on the attached table. Should the (Policy) Coordinating Committee modify this , we can do so at METRO later but we must get the projects identified in the TIP now (actually, we will have to make our request to J PAC) . I also see it desirable to expedite design and to accomplish this we need to employ outside consultants as much as possible, breaking the projects into units where necessary. Please contact me with your comments today. Very truly yours , Larry Rice Director of Public Works LR:MCN:ja:1 :2 Attachment P J@k, cl �s �, soo, ao 141 1 ooc j ILIt 1` (:�VY,L° �11A S 1255 �Sa t u w c�.` Q� ,A 73v 0 as t i l - �L�8 ,� 5 �-e.r Y"` KFC • i �o��v�-moo er f f f' J. UJ! cc cc LLJ r — i K ca CC oW cc -fir✓ �� .r -1 _ ._ r– J OAC C Q LL i oe C3. 2 d C N �✓ , pDCU C c `I RON WON _ MEMO TO: Tigard City Council RE: Tigard's 21st Birthday Banquet FROM: Friends of Tigard, Co-Chairmen Betty Golden and Mayor Wilbur Bishop Tigard's 21st Birthday Party Banquet held at the Hi Hat Saturday evening, Sept. 11 , 1982 was a rousing success with 359 tickets sold and 333 dinners served. Governor Victor Atiyeh gave the gave the opening birthday greetings followed by a special message from Congressman Les AuCoin delivered by his aide Kenvinwrte a lettrr from Portland Mayor Francis Ivancie and further birthday messages from State Superintendent of Schools, Verne Duncan, Washington County Chairman Virginia Dagg and our State Representative Norm Smith. Tigard's first Mayor Elton Phillips spoke and was honored by lighting the 21 candles on a beautifull three-tiered cake with a water fountain atop. Happy birthday was sung by the more than 330 people present and I blew out the candles for the City. The major address, and a great one, was made by J. Richard "Dick" Nokes, recently retired editor of The Oregonian. He filled in for Senator Mark Hatfield who had been called back to Washington personally by President Reagan and Senator Howard Baker for urgent Senate -business but Senator Hatfield scheduled a breakfast in Tigard -on Friday, November 12 to give the address he had planned for Saturday night. All people attending the Septeber 11 birthday will have a free ticket to hear the Senator at 7:30 Nov. 12. A donation of 85 will be accepted from all others who wish to attend the breakfast and hear Senator Hatfield. All finds over the costs of the banquet and breakfast will be donated to the Tigard Park NNW 21st Birthday Report -2-2- Board to be used to erect a permanent symbol or structure in Liberty Park that will act to identify the City of Tigard.. After all bills are paid this contribution is expected to be from $700 to $1 ,000 or more. The Friends of Tigard will be encouraging contributions to this fund to help swell the amount to be donated to the Park Doard. The City of Tigard was honored at the birthday banquet by elected officials from Beaverton, Lake Oswego, Sherwood, Gresham, Troutdale, Portland, Multnomah County, Washington County, Clackamas County and the State of Oregon plus letters from a number of other cities congratulating Tigard on reaching 21 and the age of maturity. Master of ceromonies was handled with great professionalism by Travis Cross, present assistant administrator of St Vincent Hospital and a former aide to Governors Hatfield and Romney as weO( as a consultant to CBS-TV at three national political conventions. Dick Nokes is one of the City of Tigard's honored citizens who has lived here most of his life. His wife, Evelyn is a native of Tigard. It was a great event and everyone attending had a great time. Storer Metro Cable TV taped the entire event and will present it on their cable TV public service lines when the cable is in operation. The tape will be donated to the Tigard Library for permanent record of Tigard' s 21st birthday. I WASHINGTON. D.C. 20510 September 8, 1982 Dear Tigard's 211st Birthday Celebrant: I had been looking forward to joining '- with you in recognizing the* 211st birthday of the City of Tigard. s However, the pressure for immediate Senate action on issues of national concern r prompted an urgent request today from our President Reagan and Senate Leader Baker that I return to Washington immediately and to conduct meetings of my Senate Appropriations Committee this weekend. I have promised Mayor Bishop that I will return to Tigard on November 12 for a 7:30 breakfast to speak to you on some of our current national concerns and to congratulate the City of Tigard on reaching the mature age f of 21 . I look forward to being with you then. j5 i Sincerely, f Mark 0. Hatfield United States Senator l i a Y'•a 3 j"'E=r t 11 'LAIV CITY OF �• Francis J. Ivancie.Mayor 1220 S.W. 5th Avenue PORTLAND' OREGON Portland,Oregon 97204 -- (503) 24$14120 OFFICE OF THE MAYOR September 9, 1982 �-- The Honorable Wilbur Bishop r Mayor, City of Tigard 12420 S. W. Main Tigard, Oregon 97223 Dear Wilbur: While I regret having to miss Tigard' s terrific 21st Birthday, I assure you that I will be an enthusiastic celebrant in spirit. Tigard has traveled far in its short civic life, and I am proud to have this progressive, youngest of Oregon's medium size cities in Portland' s proximity. Tigard deserves applause for overcoming the "growing pains" of its adolescence with a constant focus on sound planning and management. Tigard navigated the "terrible teens" by charting a course full of positive growth and promise for the future. In many ways, Tigard' s attitude of optimism deserves to serve as a model for other cities seeking steady and productive maturation. I offer my heartiest congratulations to a great city that has repeatedly proven itself, most importantly, a great neighbor. Since ly, i - ncis J. Ivancie t : MAYOR FJ I lml i i MOW - Carol Angstmon A. �4 The Candidate who Ives and works in Beaverton! z. a! a Beaverton CityCOUNCIL f Endorsed by City of Beaverton Employee Association SeptembeA 9, 1982 Betty Goad en and Wit bcuc B.us ho p THE FRIENDS OF TIGARD 12290 S. W. Main StAeet e T,igand, Oregon 97223 Vea& Flu ends of' T,igand: A b iA thda y .ins a .b peciat day -- a harpy, 4A i.end2 y, ba Uo o n-SZUed day. A 21.6t bchthday " a very .dpeciat day -- a mitestone -- the .apace between gn.ocutng and matuAtng. So, too, jo& the City o5 T.cgand, .today .us a vehy .spec rat day ad .it &eaches a ►niteatone between g&ocuing and ma;tuting. On beha 4 ob the CAROL ANGSTMAN tMUL jon BEAVERTON CITY COUNCIL eormni ttee, I extend to the City o4 T.igand a d.cmpte, StnceAe gkeeting; Happy, happy b.ihthday! S-i.neeAeey, y CaAot Anghtman hoc: CAM/be r: C \P _ C.`-Sii.. .i,i Y i .RCF, rte,. �-� C `i C c�=_, t • . ., �..VG .�• � ';,� N ,fie^., I•.n �i fry, �•.i�?,_�,�: �II! _.O ;:V Ii_�Jmm�tt. \LprO;: �<<y ht:. ., f•c..7S�:'2r P.O. Box 1085. Beaverto,,. Oregon 97075 646 4577 LMMRMM ®film W I L L A M E T T E 1 IJ D USTRI .'= S, I N C. First National Bank lower WILLIAM SM I ELOS �Xi9'CllfflB LtQB' ✓)'611I� ii August 30, 1982 Wilbur A. Bishop The Mayor of the City of Tigard P. 0. Box 23397 Tigard, Oregon 97223 Dear Mayor Bishop: This is in reply to your August 28 letter to Bill Swindells, asking for a contribution to your city's 21st birthday party. Willamette Industries is happy to be a part of Tigard and enclosed is a $100 check to help defray the expenses or your party. Bill Swindells and I are unable to attend the birthday celebration, but Tony Orlandini, manager of our Tigard store, will be attending. fir . We hope your celebration is a rousing success. We at Willamette enjoy doing business in your city. Sincerely, 0 ' 4 it= dcg `f Eric. ti �_;LI l .� I--� / I I-;=I / �_��-��- +1 L l_.. /-1.�._ - t _ -st a r' r __ �� �t � — - — .r,' `. i � _ t � :� _! y' .�As � ��etil1 n sem.,-..._. y�C�'.-� ;; �j�„�.y��'_ _ �i - S'� N s'' 3� ki 11 _ '.._G, - ^��, ,_.'. t :- �'.'.r-.%-. f�'I >;.: .�.: ={i j_ f-� 7� :. t i' J +; ��� i E' } ` -:. �$ ,.' ., ,' t- �t'" �.: �,�'�: 3 �,. 2 ,k :� J CITY OF _ Wilsonville P.O. Box 220/ Wilsonville, Oregon 97070 503/532-1011 August 13, 1982 Mayor Wilbur Bishop City of Tigard P. 0. Box 23397 Tigard, OR 97223 Dear Wilbur: I have received your kind invitation to join with you and other invited guests, employees, and citizens of the city in the celebration of Tigard's 21st birthday. Unfort-jnately, I am already committed for that evening. (It's also my birthday, although a bit more than 21). I can recall coming to Tigard at someone's request to explain how the Council-Manager Plan worked in what I believe was the Spring of 1961 prior to the election that created the city. The past 21 years have been of prime importance in the formation and structure of one of the principle cities in the Metropolitan area. I know you will have a joyful celebration. Si rely, Da iel 0. Potter City Administrator DOP/fr i i i F 6 a as C z)Oi M U N I C A T I O N S. IHC. September 3, 19L2 Mayor Wilbur Bishop The Friends of Tigard 12290 SW Main Street Tigard, OR 97223 Mayor Bishop: This is to confirm Storer Metro Communications participation in the 21st birthday party banquet for the city of Tigard. A production crew of 3-4 will set up a video tape camera on a tripod near the head table. We have contacted the Hi Hat restaurant and made the necessary arrangements with them. We plan on taping the recognition of notables, the greetings from the elected officials and the speech by Senator Hatfield. in addition, Storer Metro has reserved a table for ten and will have some representatives iu attendance. We look forward to being a part of the celebration and recording a bit of Tigard history. Please feel free to contact me should any questions arise. Regards, Jan Sigler Community Programming Coordinator JS/nlp 7100 S.W. HAMPTON ST. • SUITE 231 COMMERCE PARK TIGARD.OR 97223 • 838-1197 WASHINGTON COUNTY ADMINISTRATION BUILDING— 150 N. FIRST AVENUE HILLSBORO, OREGON 97123 Isosl asa-aea► BOARD OF COMMISSIONERS ROOM 418 VIRGINIA DAGG,Chairman LYELL GARDNER,Vice Chairman JIM FISHER BONNIE L.HAYS LUCILLE WARREN September 1 , 1982 The Friends of Tigard 12290 S. W. Main Street Suite 4-A Tigard, Oregon 97223 Attention : Vea Davis Dear Ms . Davis : Enclosed is Washington County 's check for $135. 00 to reserve a table at your 21st Birthday Party celebration to be held September 11 , 1982 . The Board of Commissioners will be attending your event and have invited as many department heads as may be possible to attend also. Those invited to attend by the Board of Com- missioners number ten, and if all should confirm attendance, we will have to make arrangements with you for additional seating. I am making you aware of the possibility of additional reservations tieing necessary for your benefit in planning the seating arrangement . I assume you will be able to accomodate a possible extra five people and bill us accordingly . If there is any problem, or if you have any questions , please let me know. Sincerely , Charlene McCart Executive Secretary Board of Commissioners for Washington County erm Enclosure an equal opportunity employer First Interstate Bank of Oregon,N.A. 1300 S.W. Fifth Avenue Rmt P.0. Box 3131 Portland,Oregon 97208 Robert Ames (503)225.2555 Executive Vice President -/ fel!lk August 31, 1982 Mayor Wilbur A. Bishop City of Tigard P. 0. Box 23397 Tigard, Oregon 97223 Dear Wilbur: Enclosed find our check in the amount of $100 to be used for the City of Tigard's 21st Birthday Party. I won't be able to attend the dinner, however, perhaps someone else from First Interstate will. Please advise if space is available. f Best wishes for a successful event. Sincerely, Enclosure C METROPOLITAN SERVICE DISTRICT 527 S.W.HALL ST,PORTLAND,OR.97201. 5031221-1645 INVIZO Rick Gustafson September 1 , 1982 EXECUTIVE OFFICER Metro Council Cindy Banzer Mr. Wilbur Bishop, Co-Chairman PRESIDING OfFICER DISTRICT9 The Friends of Tigard Bob Oleson 12290 SW Main Street DEPUTY PRESIDING Suite 4-A OICE DISTBIICTI Tigard, Oregon 97223 Charlie Williamson DISTRICT2 Dear Wilbur : Craig Berkman DISTRICT Thank you for the invitation to Tigard' s 21st Co.ky Kirkpatrick birthday party. Although a previous commitment DISTRICT will keep me from attending this event, I did lack Deines want to take this opportunity to wish your DISTRICTS community a happy coming-of-age birthday. lane Rhodes DISTRICT From you invitation and guest list, I know you Betty Schedeen will have an enjoyable evening at this event. DISTRICT 7 Ernie Bonner Best wishes to the City of Tigard as it moves DISTRICT towards its 100th anniversary. Bruce Etlinger DISTRICT t0 Sincerely, Marge Kafoury DISTRICT11 %� A.1ike Bu non LD�t� DISTRICT12 Daniel F. Duriq Director, Solid Waste Department DFD:pp �C . I MEMCER MERCER INDUSTRIES. INC. ( 2636 N.W. 26th AVE., PORTLAND, OREGON 97210 P.O. BOX 10166 -ti AREA CODE 303 226.2511 • AN EQUAL OPPORTUNITY EMPLOYER September 2, 1962 Wilbur Bishop Co-Chairman The Friends of Tigard 12290 S. W. Main Street Suite 4-A Tigard, OR 97223 Betty Golden Co-Chairman The Friends of Tigard Dear Mr. Bishop and Ms. Golden: Thank you for the announcement of the 21st Birthday Party Banquet for the City of Tigard. Regrettably I will be unable to attend due to another commitment. We are, however, forwarding a check for $50.00 in contribution to the banquet party proceeds for help in erecting the permanent symbol in Liberty Park. Res ectfully yours, ME I USTRIES, INC. D. E. Me cer DEM:sd Enclosure: Check i I i I i EINFORCING STEEL m ARCHITECTURAL BUILDING PRODUCTS ae CLASS at RESIDENTIAL BUILDING PRODUCTS IR CONCRETE ACCESSORIES F O'eONNELL. DATE August 24, 1982 SULLIVAN & RAMIS ATTORNEYS AT LAW TO EJS and Bob Jean f 1727 N.W. HOYT STREET I PORTLAND. OREGON 97209 15031 222-4402 FROM Stephen F. Crew 19 RE Tigard -- Arbitration I have reviewed the contract between the City of Tigard and Northwest Underground regarding the Tigard Senior Center. In addition, I have reviewed carefully the contract documents which are incorporated into the contract as well as the performance and payment bond. The purpose of reviewing these was to explore a possible lawsuit against Northwest Underground to recoup our losses as result of the arbitration award. The bond posted by Northwest Underground is in the amount of $13,627 which would ensure recovery of our damages in this case. However, there is no provision either in the contract, contract documents or the performance in payment bond for either attorney fees or for arbitration. The City will have to decide whether it is economically feasible to pursue the claim against Northwest Underground in that they will have to pay attorney fees and it will have to be a formal civil lawsuit as opposed to an informal arbitration hearing. SFC:dn 8/24/82 r ` f f i i t 1 E i r September 9, 1982 I MEMORANDUM ! t t f s t TO: Mayor and City Council FROM: Bob Jean, City Administrator SUBJECT: Annexation Notifications, Schwartz and Leiser As I reported to you briefly before, both Mr. Schwartz and Mrs. Leiser were mailed notice last year prior to their annexation. Since Mr. Schwartz continues to try to discredit the City over his annexation, even though we exceeded the notice requirements of State law, I thought you might want to see the letter and mailing list. lw t AM Durham Island Tnis is vc)jjj, :Corral notice that theTigard City Council will consider the annexZttion of YOUr Pr'01)c--,7ty at a Study Session on August 3 , 19817 Regular SeE--;sion on Augur f 1981 and take- fcw,-%-Ll action by Resolution at a R If the Coi-iticil approves this Resolution, the public hearing on this propos,-:11 ar will bt: held before the Portland N-le-tro Area I.0 cal Govern.Tent Boundary Corrinission in Portland in the near futLa-e. If the rk)unda--ry Cor-rnission approves the annexation, they %-ill issue a Final .Order to the City. Staff will then prepare an Ordinance accepting your property and zoning your property to the "Tigard Comprehensive Plan he COW-1 1. for _Lqja.t.iojj-. This Ordinance will be presented to the City ci adoption. You will not be notified individually of the Boundary Cormiis-s-LO'. Hea-ring. Notices will be )osted on telephone poles in your area. You will be notified before the Ch-dinanc-C: a0--ePting your property into the City is presented to the Council. We will be glad to tell you the Boundary Coarrdssion Hearing date if you call the Planning Departafe-n-t at 639-4171 - Elizabeth New-ton. We will also try to answer any questions you may have concerning the process or the effect,--; of this action related to you or your property. A brochure describing City services will be mailed to you at the end of this month . You +r -LIV- comprehensive Plan Zone Designation- Aldie lanning Director -All-.a- enc Resolution to Council August 10, 1981 ProjyDserl Boundary Comni.ssion Dater. Sept . 24 , 1981 City rya-et-ings a-re held at Fo%vier Junior High, 1086-,-) SW Iva-Inut, 7:30 p.m. 8340 SW Ross ] ;.; i- -'' i `.';i Tigard 97223 Tip 1rd 97223 Tigard 97223 Pyle Fimmel Scolar 1988 SW Mapleleaf Rd 8901 NE Halsey 14725 SW 79th Avenue Lake Oswego, 97034 Portland 97220 Tigard 97223 Sattler Bardell Heitkemper 8800 SW Sattler Dr 15070 SW 81st Ave 14665 SW 79th Tigard 97223 Tigard 97223 Tigard 97223 s Hogg an S�fii€X$�L�1f i Idriss 8200 SW Ross Y $R$X$LdXX$3�?tL 1130 SW Morrison #320 Tigard 97223 T$ XX$X$RgX$ Portland 97205 Borland Gillmor Nogle 4342 S Parker Rd 14630 SW 79th Avenue 15520 SW Hall Blvd West Linn 97068 Tigard 97223 Tigard 97223 r Smith Weaver Black 4314 SE Harrison St 14670 SW 79th Avenue 15580 SW Hail Milwaukie 97222 Tigard 97223 Tigard 97223 Kazakoff Webb Koch 15045 SW 79th Avenue 14790 SW 79th 400 E . Division Tigard 97223 Portland 97223 Sherwood 97140 Hommerberg Hansen Hassel 14955 SW 79th 14840 SW 79th Avenue 10115 SW Walnut Tigard 97223 Tigard 97223 Tigard 97223 Grey Nero Diehl 14985 SW 79th 15080 SW 79th 8340 SW Dorburn PL Tigard 97223 Tigard 97223 Tigard 97223 f'x0jKX9000X$NX$ItxxxA2fMxXx Wilkinson Cannard 14875 SW 79th Ave 15030 SW 79th Tigard 97223 Tigard 97223 Shaylor Casey, Michael & Susan Gage 14925 SW 79th 2901 E Second Space 75 8000 SW 54th Avenue Tigard 97223 Newberg 97132 Portland 97219 lr'CSti.11- 1524 b� 74th 15270 Sty' i5t11 !�685 Si': 79th AvLnui Tigard 97223 Tigard 97223 Tigard 97223 Marvel , Inc. Jones Messinger Neva Elliott, Atty 15220 SW 79th Avenue 15565 SW 79th 517 Corbett Bldg Tigard 97223 Tigard 97223 Portland 97204 Knauss Chevrolet Co. Bradley Earhart 11880 SW Pacific Hwy 15390 SW 79th Avenue 15545 SW 79th Tigard 97223 Tigard 97223 Tigard 97223 SchwaD97223 Brooks Thurstonson 15900 15570 SW 79th Avenue 15385 SW 79th Avenue TigarTigard 97223 Tigard 97223 Raab Cowlthorp Bouman 15630 SW 79th 15235 SW 79th 9290 SW Burnam Rd Tigard 97223 Tigard 97223 Tigard 97223 Stantc.n Arvidson Havery 15215 SW 79th 15970 SW 76th Avenue 15740 SW 79th Tigard 97-23 Tigard 97223 Tigard 97223 Barnum Rivas Hamback 15185 SW 79th 16060 SW 76th Avenue 7735 SW Durham Rd Tigard 97223 Tigard 97223 Tigard 97223 Anctil Sproul Schoewe 15220 SW 81st Avenue 15880 SW 79th 7925 SW Durham Rd Tigard 97223 Tigard 97223 Tigard 97223 Watt Schmidt Scott 15160 SW 81st 15735 SW 76th Avenue 9255 SW Inez Tigard 97223 Tigard 97223 Tigard 97223 McGuire Qrey Tousey 7660 SW Oleson Rd X5685 SW 76th Avenue 14660 SW 89th Portland 97223 Tigard 97223 Tigard 97223 Bauer Loewer Scott 8275 SW Ross 12238 SW Clydesdale Ct 7975 SW Durham Tigard 97223 Tigard 97223 Tigard 97223 10240 Sl-: 8901 i\If liaas�y Portland 97225 Portland 97220 Hulquist Schmidt 7700 SW Bonita Rd 15435 SW Hall Blvd Tigard 97223 Tigard 97223 Ericksen 8040 S`,nl Bonita Rd Tigard 97223 Leiser 6009 Pendleton Ct Portland 97221 Mackinnon 14750 SW 81st Tigard 97223 Raze 6405 SE Ramona St Portland 97206 Neely 14940 SW 81st Avenue Tigard 97223 Gould 14980 SW 81st Avenue Tigard 97223 Steen 14885 SW 81st Tigard 97223 Cabin 4825 SW 81st Tigard 97223 Crisman 14635 SW 81st Ave Tigard 97223 i ftneater uses me-size puppets. lntlaren aP tole, in which trickster coyote gels cough! in c rn Feed Sept. 10.Both events motner uonna(upper right)enIo ea me wncn rime oasea hute Park,The first event will performante of the Tears of Joy Puppet Theater in pear transfixed by the story of Coyote and the . cedar tree and and escapes with the aid of magic. ed by Hillsboro Community j the Chamber of Commerce f sausage•oorn few{ t ; rrs acs , a r Irpressurst r manager er FOREST GROVE - A series of tests the council that a full day of decision. one name --Hillsboro City Manager El tape showed how the candidates %i "under pressure" will be required of,top making, speaking and debating will be don Mills. against one another, creating stress f,,r ha ,y. s ;`candidates for the vacant post of Forest used while every candidate is being as- Council member Margaret Spang ques- each other,and during one segment,he.� Grove city manager. sessed for performance under pressure. tioned the additional cost of using the the assessors pressured and distract cant:,. { M T�eaity,Council at a special meeting st;Some of the;exeiclses will be designed'to assessment process, saying she fears it dates until they lost their composure. operfles have other systems,. con tractid•for the sIX;to eighVcandl, present problems`whkh'mlght be peculiar 'would push the manager search over the Root said the $500 cost is lower than tic tanks;for handling waste • dates to be felted la an"assessment cen "to,Foreom,st Grovee of the. . agreed budget. Mayor Jim Hills said no similar services on the private market he attemis hc w1U contact the ownep,Again, a rmauagerUs bwhichask oo solving problems one besmeasured directly against priorities scandidates' decisions tet ll bolo-Interim been Manager Connie Fessler League.f He said city's slim similar evaluation ership in tb still balk,the city;will-install I and connect ...:pro ,Yderpressure. by-the council:For example,a candidate said some major scheduling changes will private industry normally runs fror, en becomes a ilea against prop• iecost of the assessment will be$500 might be rated on how high a priority is have to be made,but she insisted that the $1000 to$6,000. `'In addition to an earlier$1,000 paid to the .;attacbed to handling citizen complaints. original Alan will be retained.That calls Hills s dd such a testingis better tha n League of•Oregon Cities' for'screening Root said-lone of the'assessors would for can0dates to be in Forest Grove three discovering how a person would react d the parcels are scatter some 150 applications. The assessment .be council.'members..He said the,city days aia$two nights sometime in October. "months or years down the road." liil�, the city.Some are homes an acenter.:is to be canducted`by,ihe.Local 'could substitute local persons for the four The council decision to use the process said such a system gets around the fa-a ommercial. The.average es Government Personnel Institute,an affil!- outside assessors,but:he,sald he would came ter an r-ton tion that most city manager candidates wool; er connection cost per.proper c,ate of the Salent•based cities league. oppose.an all-local'board of observers. Allu was a entape of a recent be "great in interviews, giving us wh:I! Personnel'consultant Chuck Moot told 'The Council agreed,and suggestea only assessment'in Washington County a they thought we wanted to hear." f r S �►ss : a&V�2 , he said."It was obvious that if we didn't worst thing about it." concede to an election we wouldn't pass Under Tigard's ordinance,the agency anythIng." d' to be disbanded after 10 years and anY Brian's case.foi delay binged on al increases in property values, which wi'. meats that the retia l plan still Is on the havebeen temporarily diverted for re- ARD drawing board, a'gew planning,director newal, will be added to the general t::,. hes just been hired and needs time to pre- rolls. * 'pare and there are"too many political and Brian said only about $5,000 was co:• financial issues"on the November ballot. lected for the fund this year, much les, Councilor Nancie'Stimler supported than had been anticipated, because the Man's,motion, but councilor John Cook "assessor took it easy"and held increases voted with Bishop and Scheckla to form a to a minimum. tr t majority. Cook said the whole matter of Brian described the system as providin e t ,j timing Is irrelevant because State Measure "front money to get the hall roiling" ane 3 is certain to pass in November, and it said it Is ''a very good tool" to finance will prohibit tax increment financing. renewal.He fears people will vote against Ket1nV d(>tere 11lTdPrRiAOfi Wt1AY AO lin it hnna"an tFnv­—An—+^­�­­•^• JY"a --1--1f ' -- ----=-- - l ti 1 j S .jld g SYI �"'�ll --tt0. �wT �►�ki" S - �Aj�S y;4 j�. . Z�y,Y ry, o:. A 4 y� _ i O'DONNELL. SULLIVAN & RAMIS t CANNY o►rlc¢ t ATTORNEYS AT LAW 181 N.GRANT.SUITE 202 MARK P.O'DONNELL CANBY.OREGON 97013 EDWARD J.SULLIVAN SALLOW & WRIGHT BUILDING (503) 266-1149 TIMOTHY RAMIS 1727 N.W. HOYT STREET - KENNETH M. ELLIOTT CORINNE C.SHERTON PORTLAND.OREGON 97209 SALEM orrlcc (503) 222-4402 EOUITTCENTER TOWER STEPHEN F.CREW 530 CENTER 57.N.E..SUITE 240 STEVEN L.PFEIFFER SALEM.OREGON 97301 THOMAS L.MASON PLEASE REPLY TO PORTLAND OFFICE (503) 370-9191 September 1, 1982 Hon. Jon B. Lund Circuit Court Judge - Washington County Courthouse 150 N. First Hillsboro, Oregon 97123 SES 2 198? Re: City of Tigard - Emmert and O'Brien No. 82-0395C Dear Judge Lund: You may recall that the above-entitled matter came before your honor for trial on May 27, 1982 . This case involves an action by the City of Tigard against the above-named defendants to enforce zoning ordinance provisions of the City of Tigard. Specifically, the City was requesting that the Court grant injunctive relief preventing the defendants from continuing to store a building on the subject property in the absence of a valid temporary use permit. In addition to violating the City' s zoning ordinance , it was our position that the building constituted a health hazard and created an attractive nuisance. At that time defendants O'Brien were represented by Paul K. VonBergen and the defendant Emmert was represented by Mr. Fred Cornelius of Gary Bullock' s office. After lengthy discussions in chambers, all of the defendants through their respective counsel agreed to a stipulated judg- ment granting the City' s requested relief . The City requested that execution of judgment be within 30 days. However, the Court granted the defendants 90 days. As counsel for the City, I prepared a stipulated order of judgment which I have attached. This was forwarded to counsel for both defendants requesting them to sign and forward to the Court. it is my understanding that Mr. Bullock has signed the order and forwarded it to Mr. VonBergen, counsel for the O'Briens. Sometime after this, the O'Briens filed a motion substituting Arthur Tarlow as their attorney of record. I have spoken with Mr. Tarlow' s office a number of times regarding the stipulated �__ judgment. I have now been advised by Ralph Bolliger that he mss: � — - Aim i,- Hon. Jon B. Lund September 1, 1982 Page Two is now handling the matter for the O'Briens. Further, Mr. Bolliger advises me that his clients are not willing to sign the previously agreed to stipulation and that he will be filing an answer and crossclaim against Emmert. I am also advised that as of this date, the problem has not been resolved and that the house is still on the property and there is no valid temporary use permit. This problem has now been pending for close to one year. The O'Briens, authorized their previous attorney, Paul VonBergen to enter into the stipulation. They were fully advised of its contents and effect. They now refuse to honor that agreement. It is the City' s position that the O'Briens are bound by the representations of their previous attorney. Now that the matter has been litigated, with a full and fair opportunity for all parties to be heard, the O'Briens should not now be allowed to withdraw their agreement and attempt to litigate the matter. I am advised by your office that you are presently in trial which is likely to take some time. However, I would request the Court have a hearing on this matter as soon as possible. I believe the matter can be resolved quickly either during a lunch hour or a recess in your present trial. The City believes this matter is urgent and of the utmost importance. Please advise me as to how the Court wishes to proceed. Thank you for your attention on this matter. 0 Very truly yours, 0 V Stephen F. Crew SFC:do cc: Mr. Gary Bullock � � Ics• Mr. Ralph Bolliger 4 Mr. Robert Jean (J Mr. F n]: Currie Mr. Edward Sullivan Ms. Elizabeth Newton CP so 4 A ?V6 1 oV �o � 1 League of Oregon Cities SALEM: Local Government Center, 1201 Court Street N.E., P.O. Box 928, Salem 97308, Telephone:(503)588-6466 EUGENE: Hendricks Hall, University of Oregon, P.O. Box 3177, Eugene 97403, Telephone T686-5232 IL Salem, Oregon September 8, 1982 .�V. To: (1 ) Mayors of Oregon Cities (2) City Managers/Recorders The League of Oregon Cities is holding a series of meetings on the November ballot measures. The schedule of the meetings is attached. Please examine the schedule right away since the meetings begin September 13. Topics for discussion will be: Ballot Measure #1 , the measure to add the value of new construction to tax bases Ballot Measure 1#3 , the property tax limitation measure Ballot Measure #6, the mea— e to repeal LCDC. The primary discussion will center on the property tax limitation measure. We now have both the Attorney General 's responses to sixty-two questions about the measure, and the Legislative Revenue office' s analysis of the possible effect of the measure on your own budget. We are enclosing a summary of the Attorney General ' s opinion and an estimated impact on your own city's budget for 1981-82 in this mailing to city manager/ recorders. Even though you will now have these materials, it will be important to attend these sessions in order to understand the impact on your city and options to consider if the measure passes. Ballot measure #3 is more serious than ever this time. We hope that you will plan to attend and invite local officials from schools, special districts and counties as well . Under the analysis by the Legislative Revenue Office, local governments would lose the following amounts if Ballot Measure #3 passes: Mayors/City Managers/Recorders September 8, 1982 (, Page 2 Schools 23% E.S.D. 's 38% Cities 55% Counties 40% Community 36% Colleges Under this formula--most likely for adoption by the legislature--cities would be the big loser. We' ll look forward to seeing you and other city officials at the meeting. You have an important job ahead in explaining these three measure to your voters. Sincerely, Stephen C. Bauer Executive Director i SCB/sar Enclosures i IC 1 i i i Ballot Measure Meetings SCHEDULE September 13 1 :30 P.M. - Milaiaukie, Council Chambers, 10722 S.E. Main 7:30 p.m. - Hood River, Council Chambers, 211 Second St. Sep�tembe(�� r14 P. - Redmond, Council Chambers, 455 S. Seventh Y'7:30 p.m. - Beaverton, Council Chambers, 4950 S.W. Hall Blvd. John Day, Fire Nall, 209 S.E. Gayton September 15 1 :30 p.m. - Astoria, Council Chambers, 1095 Duane St. Ontario, Council Chambers, 444 S.W. 4th Street 7:30 p.m. - Baker, Council Chambers, 1655 1st Street Tillamook, Council Chambers, 1902 Third St. September 16 1 :30 p.m. - LaGrande, Council Chambers, 104 Elm St. Newport, Council Chambers, 810 S.W. Alder 7:30 p.m. - Hermiston, Council Chambers, 295 E. Main St. Salem, Council Chambers, 555 Liberty SE September 20 1 :30 p.m. - North Bend, Council Chambers, 835 California 7:30 p.m. - Gold Beach, Council Chambers, 510 S. Ellensburg September 21 1 :30 p.m. - Grants Pass, Council Chambers, 101 N.W. "A" St. 7:30 p.m. - Klamath Falls, Council Chambers, 500 Klamath Ave. September 22 7:30 p.m. - Springfield, Council Chambers, 225 North Fifth St. C CITYOFTIGARD U` WASHINGTON COUNTY.OREGON September 10, 1982 Virginia Stone 9300 SW Edgewood Street Tigard, Oregon 97223 RE: 14975 SW 74th Avenue - Bancroft #18 Dear Mrs. Stone: A review of your file indicates you have not followed up on your promise to City Council to make monthly payments in the amount of $75.00 until ; the outstanding assessment is paid in full. To date you have made only one payment and unless you take steps to comply with your agreement the matter will be referred to City Council to take s further action. { !'r! Sincerely, k i Doris Hartig City Recorder/Fin ce Director I { DA/pl cc: City Council I l t t 12755 S.W.ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171 t I r k s `2Pd i t C1 OF THSARD SEPTEMBER 7 , 1982 WASHINGTON COUNTY,OREGON t f Mr. Jim Adam 13250 S.W. Bull Mountain Road Tigard, Oregon 97223 RE: Property at 12035 S.W. Bull Mountain Road , Dear Jim, f I am in receipt of your letter dated August 23 , 1982 , concerning the condition of property at 12035 S.W. Bull Mountain Road. I referred you letter to Mr. William f Monahan of the Planning and Development Department for his attention. He then directed the City Building Official to investigate the situation. The attached letter from Mr. Walden to the property owner represents the action that the City has taken. I assure you that the City will stay on top of this issue until resolution. Sincerely, Wilbur Bishop Mayor WB:dmj 12755 S.W.ASH P.O. BOX 23397 TIGARD, OREGON 97223 PH:639-4171 =ar m» i 4 i, i • S September 7 , 1982 ITS' Y TIS 1 WASHINGTON COUNTY,OREGON F t t 1 Ms. Gayla McCreight Route 1 Box 925 B Beaverton, Oregon i RE: Property at 12035 S.W_ Bull Mountain Road Dear Ms . McCreight, As a follow up to our telephone conversation of Wednesday, September 1, 1982, I wou-Ld like to advise you of your respon- sibility concerning the above named project. The property, a which contains a building which is in serious disrepair, does not meet the building codes of .the City of Tigard. Therefore , you -4re required to take prompt action to make those repairs necessary to bring the building intd compliance with all applicable codes of the City or raze and remove the structure. Please take immediate action to - formulate a course of action to address the building issue. • You must also secure a building permit prior to making any repairs or a razing permit prior to demolition of the structure. Your plan of action must be submitted in writing to iiiy attention by Friday, September 17 , 1982. All work should be completed within sixty days from the date of this letter. I would also like to draw your attention to a potentially serious fire hazard which now exists at the property due to the presence of dry grass which is overgrown throughout the property. This situation should be addressed immediately. Please call me if you have any questions on this matter. Sincerely, Ed Walden. Building Official C ETW:dmj 12755 S.W.ASH P.O. BOX 23397 TIGARD, OREGON 97223 PH:639-4171 4r r C4 - ' CITY OF T'ICARD ® P.O.Box 23397 9020 S.W. Burnham POLICE DEPARTMENT Tigard,Oregon 97223 September 10, 1982 To the Editor TIGARD TIMES 9730 S.W. Cascade Tigard, Oregon 97223 RE: Open Invitation to Tigard Citizens to Visit the Police Station Dear Sir: CI believe that the majority of the Tigard citizens are aware of the efforts to develop a Civic Center, and the time devoted to this project by the Civic Center Committee. Prior to the September 21 election to consider Civic Center Ballot Measures #51, #52, and #53 all Civic Center measures, I wish to extend an open invitation to all Tigard citizens to tour our existing facilities before making up your mind as to how you're going to vote. Ballot Measures #51 and #52 provide for new police facilities, and will enhance the department's ability to provide needed public safety services. I am looking forward to visiting with you in this regard. Sincerely, R.B. Adams Chief of Police RBA:ac STOEL, RIVES, BOLEY, FRASER ANIS W-Y-SE FIECE1VEE) �. (DAVIES,BIGGS, STRAYER,STOEL AND BO LEY) AUG N ���� (RIVES, BONYHADI S SMITH) J1 1 LAW OFFICES ALLAN R.MICHAEL A STEPHEN T.JANIK CITY QBE TIGARD JEFFREY MICHAEL ALD EN VELMA JEREMIAH 9Oo SW FI FTH AVENUE 8 r RICHARD E.ALE%ANDER RICHARD C.JOSEPHSON C..—I RICHARD D.MACH JOEL D.KUNTZ PORTLAND, OREGON 97204 OAVIO L.5-GGS PAUL L.BOLEY GREGORY H.MAC PH ER50N HUGH L.BIGGS ERN EST B REITHAU P.C. DEXTER M E.MARTIN HENRY G.B HADSUPT WILLIAM M.MCALLISTER PHILLIP D.CHAD SEY CHARLES J.McM URCHIE (503)224-3380 -- HARRY S.CHANDLER GEOROE K.MEI ER,III TELECOPIER(503)220-2480 GAIL L.ACHTERMAN STEPHEN L GRIFFITH KAREN K.CREASON DAVID P.MILLER,P.C. CHARLES F.ADAMS KIRK R.HALL E_JOSEPH DEAN GREGORY R.MOWE 5T EPHEN E.BAB'JON JOHN J.HALLE THOMAS P.DEER I NG.P.C. HARDY MYERS GARY R.BARNUM SUSAN M.HAMMER JOHN DETJEN5,M THOMAS R.NICOLAI MARGARET M.BAUMGARDNER JOYCE A HARPOLE BARNES H.ELLIS MILO E.ORMSETH p RUTH A.BEYER PAMELA L.JACKLIN EDWARD L.EPSTEIN,P.C. TERRENCE M PANCOAST August 26, 19 8 2 CON TA. CE AN SKIBLOCK PETER GREGORY F.RVIS HOWARD M.FEUERSTEIN MARK H.PETERMAN 7J JENNER RICHARD A.FRANZKE CAMPBELL RICHARDSON,P.C. JOHN F.BRADACH KATHERINE L.KUHN GEORGE H. FRASER,P,C. ROBERT L.RIDGLEY,P.C. D.KEVIN CARL5 ON CHARLES S.LEWIS.M GEORGE M.GALLOWAY GEORGE D.RIVES,P.C. BERTRA ND J.CLOSE WILLIAM E.NERRITT LEONARD A.GIRARD LOIS O.ROSENBAUM ELIZABETH F COQ GR.Fl JUDITH L.MILLER WILLIAM J.GL..SGOW RICHARD E.ROY,P.C. NANCY L.COWGILL ROBERT J.MOORMAN GERSHAM GC�DSTEIN JOHN M.SCHWEITZER LANCE S.DAVIDSON THC MAS H.NELSON SUSAN P.GRASER PATRICK J.SIMPSON FRANK S.DELI MARK A.NORBY RONALD S.GROSSMANN HUGH SMITH,P.C. CM RISTINE DO LEY MARGARET HILL NOTO CHARLES H.HASERNIGG,P.C THOMAS B.STOEL MARK R.FEI CHTINGER THOMAS R.PAGE ROBERT F.HARRINGTON.P.C. MANLEY M.STRAYER RANDOLPH C.FOSTER SUSAN M.OUICK JOHN R.MAY STEPHEN S.WALTERS NANCY M.GANONG GUY A.RANDLES RICHARD A.HAYDEN,JR. JERE M.WEBB ANDREW R.GA RDNER LAUREL S.TERRY DAVID G.HAYHURST,P.C. CLARENCE R.WICKS RICHARD S.GLEASON ANN E.THOMPSON HENRY H.HEWITT,P.C. MARCUS WOOD SENNETT H.GOLDSTEIN E.WALTER VAN VALKENBURG CHARLES F.HINKLE WILLIAM W.WYSE,P,C. ARNOLD L.GRAY JOHN M.VOLKMAN ROBERT H.HUNTINGTON,P.C. DAVID W.GREEN TIMOTHY J.WYLDER BY MESSENGER Ms. Doris Hartig City of Tigard 12755 SW Ash Avenue Tigard, OR 97223 Dear Ms. Hartig: Re: In the Matter of the Arbitration Between D. M. Thompson, Inc. and City of Tigard, Oregon; No. 82-1079C Enclosed is a certified transcript of a judgment s against the City of Tigard and the satisfaction thereof as required by ORS 30. 390 (3) . R Pursuant to ORS 30 . 390 , please prepare an order i payable jointly to D. M. Thompson, Inc. and Stoel, Rives, Boley, Fraser and Wyse. The amount of the judgment is as 1 E . follows: $16 , 649. 00 plus interest at 18 percent from i June 25, 1982 ($8.21 per day) 411.81 arbitration fees 63. 00 costs f $17 , 123 . 81 517.23 interest as of August 27 $17 ,641. 04 TOTAL DUE AS OF AUGUST 27 You should call Duane Thompson at 228-1967 as soon as the check is cut so that he may pick it up. i IN I, i E: c. S'TOEL,RZVES,BOLEY,FEASER AND WYSE Ms. Doris xartig AUG 2- 6 1982 August 26, 1982 Page 2 ...�� , .,...,. r U If you have any questions, please call me. Very truly yours,, } Rand ?ph -'C. iter RCF:rc1 t Enclosure l cc: Mr. Steve Crew Mr. Duane Thompson s N co V: 00 O 3 Z:z pi: O�; wn - O U C •. to II !. co. O O° o C a SpA oCO 4j i m at Co 3 s« t'3 tE m (� ? c u -0 1 c0 j i O 40 .S(, cu ,.y O _3 c '`'� I i to:^.• C cs to C i ". ® tOn 't7 4-1 ` w^ 4-1 : y e c o O co CU ca �I �+ .LZ O; in o � c� , CDs� I O -•"C J; co': CC ch 43 II N r�..aa 'o O OO O ••• U E v "o cts y cn: iO ro 1--•t v Q• C t cs o Co. ,C o to ry : to 't7 u O to: .c C cc _ mco qo cmo =o I a O co W j C c > o; o: > a 4, a a 0,ca o ° i 1 U W II a d: �; •r: clS: O227 'b EO i 1 o; ,-; ,�; O .c v co o Kaci I L"� R3 U i c0( ,� • • • 1