The URL can be used to link to this page

City Council Packet - 09/27/1982 mamma TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign their name on the SEPTEMBER 27, 1982, 7:30 P.M. appropriate sign-up sheet(s). If no sheet is FOWLER JUNIGL: 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 minutes - August 18, 23, 29, & September 13, 1982 2.2 Approve the Expenditures and Investments: $ 348,567.41 2.3 Receive and File Departmental Monthly Reports 2.4 Approve Resolution No. 82-110 Issuance of Visa Credit Cards 2.5 Award Bid for McKenzie Street LID #36 2.6 Award Bid for 92nd Avenue 2.7 Approve Recommendation for Convenience Copier 2.8 Accept Late Bancroft Applications 3. PLAID PANTRY OLCC LIQUOR RECONSIDERATION - DURHAM & HALL BLVD. ff • City Administrator F 4. ORDINANCE NO. 82- LID BOND SALE #16 CALL FOR BID (72ND) • City Administrator PUBLIC HEARING PORTION OF MEETING 5. TEMPORARY USE PERMIT TU 12-82 SOUTHERN PACIFIC NFO #5 PUBLIC HEARING A request by Southern Pacific to place a 24' x 60' mobile trailer for one year as temporary office use until finalization of Auto Center expansion. Located at 15200 SW 72nd Avenue (WCTM 2S1 12D lot 200) Kable Acre Tracts lot 1. e Public Hearing Opened • Summation by Planning Director e Public Testimony: Proponents, Opponents, Cross Examination • Recommendation of Planning Director • Public Hearing Closed- Consideration by Council • ORDINANCE NO. 82- Adoption of Findings 6. CAMBRIDGE SQUARE PLANNED DEVELOPMENT PD 2-82 NPO #2 SUBDIVISIONS 5-82 PUBLIC HEARING A review by the Tigard City Council upon its own motion limited to review of conditions attached to the Cambridge Square Phase I General Plan approval by the Planning Commission. Property is located at 11820 and 11900 SW 98th Avenue (Wash. Co. Tax Map 1S1 35CD tax lot 2200 & 2300). • Public Hearing Opened • Summation by Planning Director • Public Testimony: Proponents, Opponents, Cross Examination • Recommendation of Planning Director • Public Hearing Closed 0 Consideration by Council 7. COMPREHENSIVE PLAN REVISION CPK 2-82 MILLIGAN NPO #3 PUBLIC HEARING A request by Dick Milligan for a decision and adoption of findings and conclusions by the City Council for a Comprehensive Plan Revision from Multi-family to General Commercial on property located at 9960 SW Walnut Street to operate an Antique Store. (Wash. Co. Tax Map 2S1 12BD tax lot 2200). • Public Hearing Opened e Summation by Planning Director • Public Testimony: Proponents, Opponents, Cross Examination ® Recommendation of Planning Director ® Public Hearing Closed :IGN Consideration by Council 8. CODE REVISION - TITLE 16 - ZOA 3-82 PUBLIC HEARING A request by the City of Tigard to revise the Sign Code, Title 16 of the Tigard Municipal Code. e Public Hearing Opened e Summation by Administrative Assistant Sargent e Public Testimony: Proponents, Opponents, Cross Examination • Recommendation of Administrative Assistant Sargent • Public Hearing Closed • Consideration by Council ® ORDINANCE No. 82- Adopting ZOA 3-82 9. STREET VACATION - 72ND AVENUE/BINGHAM PUBLIC HEARING (Continued from August 23, 1982) e Public Hearing Opened e Summation by Public Works Director e Public Testimony: Proponents, Opponents, Cross Examination e Recommendation by Public Works Director • Public Hearing Closed o Consideration by Council ® ORDINANCE No. 82- Adopting Street Vacation PUBLIC HEARING PORTION OF MEETING CONCLUDED 10. 72ND STATUS REPORT o Public Works Director 11. ECONOMIC DEVELOPMENT COMMITTEE ® Planning Director 12. OPEN AGENDA: Considera,ion 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. 13. EXECUTIVE SESSION: The Tigard City Council will go into Executive j Session under ORS 192.660 (1)(f) and (1)(e) to consider pending litigation issues and real property transactions. 14. ADJOURNMENT PAGE 2 - COUNCIL AGENDA - SEPTEMBER 27, 1982 T I G A R D C I T Y C 0 U N C I L REGULAR MEETING MINUTES - SEPTEMBER 27, 1982 - 7:30 P.M. 1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilors Tom Brian, John Cook, Nancie Stimler, and Kenneth Scheckla; Chief of Police, Robert Adams (leaving at 8:30 P.M. ); Director of Public Works, Frank Currie; City Administrator, Bob Jean; Director of Planning & Development, William Monahan; Deputy City Recorder, Loreen Wilson. 2. CALL TO STAFF, COUNCIL & AUDIENCE FOR NON-AGENDA ITEMS UNDER OPEN AGENDA (a) City Administrator reported on various portions of the agenda noting that agenda item No. 7 (Milligan Comp Plan Revision Hearing) had been withdrawn by the applicant and agenda item No. 8 (Sign Code Hearing) needs to be reset to 10-11-82 for public hearing. (b) Mr. Aldie Howard, citizen running write-in campaign for Mayor position, questioned Council and Mayor regarding the campaign and placement of new council members upon majority vote of citizenry to position. Councilors Brian and Stimler stated that if Mr. Howard received the majority of votes they would seriously consider his appointment as the will of the people should be considered. 3. APPROVE MINUTES - August 18, 23, 29 and September 13, 1982 (a) Motion by Councilor Brian, seconded by Councilor Stimler to approve. Approved by unanimous vote of Council. 4. APPROVE THE EXPENDITURES AND INVESTMENTS: $ 348,567.41 (a) Motion by Councilor Brian, seconded by Councilor Stimler to approve. Approved by unanimous vote of Council. 5. RECEIVE AND FILE DEPARTMENTAL MONTHLY REPORTS (a) Motion by Councilor Brian, seconded by Councilor Stimler to approve. Approved by unanimous vote of Council. 6. RESOLUTION NO. 82-110 A RESOLUTION AUTHORIZING THE CITY OF TIGARD TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES NATIONAL BANK OF OREGON FOR THE ISSUANCE OF VISA CREDIT CARDS TO THE ADMINISTRATOR AND DEPARTMENT HEADS OF THE CITY. (a) Motion by Councilor Brian, seconded by Councilor Stimler to consider this item under Open Agenda at end of meeting. _, Approved by unanimous vote of Council. NEW i 7. AWARD BID FOR MCKENZIE STREET LID #36 r" (a) The following bids were received: i, RA Gray Company, PO Box 23516, Portland 42,853.40 Sproul Excavating, 15880 SW 79th, Tigard 50,058.12 Rutan Construction, 9125 S(: Pony Pl. , Beaverton 42,393.09 Cascade Construction, PO Box 4267, Portland 43,775.00 Oregon Asphaltic, 1220 SE 190, Portland 38,071.60 Arenz & Hurl, 7940 SE Division, Suite A, Portland 38,895.25 Parker N.W., PO Box 149, Oregon City 39,168.05 t Baker Rock, SW Farmington Road, Beaverton 50,759.15 ENGINEER'S ESTIMATE 38,750.00 (b) Staff's recommendation was to award to Arenz & Hurl in the amount of $38,895.25. Though they were not low bidder, that bid was the lowest € proper and acceptable bid. Oregon Asphaltic, the apparent low bidder, made a mistake in the bid and staff recommended it be declared informal. (c) Motion by Councilor Brian, seconded by Courc:ilor Stimler to award bid f to Arenz & Hurl in the amount of $38,895.25 and declare apparent low bid of Oregon Asphaltic as informal due to bid errors. s s e Approved by unanimous vote of Council. R 8. AWARD BID FOR 92ND AVENUE 's (a) Staff presented the following bid results: Rutan Construction, 9125 SW Pony Pl., Beaverton 23,089.25 Sproul Excavating, 15880 SW 79th Avenue, Tigard 20,743.73 Cascade Construction, PO Box 4267, Portland 20,360.00 Arenz Construction Co. , 7940 SE Division, Portland 18,058.10 e Parker N.W., PO Box 149, Oregon City 18,308.00 ENGINEER'S ESTIMATE 17,550.00 s (b) Staff recommended awarding bid to apparent low bidder, Arenz 6 Construction Co. in the amount of $18,058.10. (c) Motion by Councilor Brian, seconded by Councilor Stimler to award bid to apparent low bidder, Arenz Construction Co. , in the amount of $18,058.10. Approved by unanimous vote of Council. 9. APPROVE RECOMMENDATION FOR CONVENIENCE COPIER (a) Staff recommended a 36 month lease for a Xerox 310OLDC to be installed on or before October 1, 1982. ( > Motion by b Councilor Brian, seconded by Councilor Stimler to approve recommendation of staff. `._ Approved by unanimous vote of Council. PAGE 2 - COUNCIL MINUTES - SEPTEMBER 27, 1982 i f 10. ACCEPT LATE BANCROFT APPLICATIONS i (a) Staff requested item be placed near end of the agenda. (b) Motion by Councilor Brian, seconded by Councilor Stimler to hear late=- on the agenda. Approved by unanimous vote of Council. 11. CALL SPECIAL MEETING - 09-28-82 - 11:30 A.M. - TIGARD CITY HALL (a) Staff requested time of special meeting be changed from Noon to 11:30 A.M. to achieve quorum in attendance at meeting. (b) Motion by Councilor Brian, seconded by Councilor Stimler to call special meeting as recommended by staff. Approved by unanimous vote of Council. 12. PLAID PANTRY OLCC LIQUOR RECONSIDERATION - DURHAM & HALL BLVD. (a) City Administrator stated that Council had requested this issue be reconsidered tonight and briefed Council on history of issue. (b) Chief of Police recommended Council not renew, or recommend renewal of license for the Durham and Hall location because it is too close to the school. (c) Mike Marr, citizen, appeared to request that consideration at this meeting be held strictly to the Durham and Hall location and not Bonita and Hall. (d) Mr. Steve Janik, Attorney for Plaid Pantry, stated there seemed to be a procedural confusion on the part of the City. He objected to this hearing and reconsideration without proper notice being sent to Plaid Pantry. He advised Council that if the proper process were followed, Plaid Pantry would be happy to come before the Council and present facts regarding the Durham and Hall location. (e) City Attorney stated that this is not a public hearing and Council could advise if there are problems, in their eyes, in the location or if they wished to rescind their previous motion. (f) Jane Miller, NPO #6, stated that at their September 16, 1982 meeting the NPO voted unanimously to recommend denial of the license. (g) Deb Fennell, Superintendent of School District 423-J, stated the School Board has not had time to act on this issue, but he has a problem with the site and its close proximity to the High School and requested Council not approve the license for Durham and Hall. (h) After further discussion, Councilor Scheckla moved to send no recommendation to OLCC regarding this matter. Motion failed for lack of second. PAGE 3 - COUNCIL MINUTES - SEPTEMBER 27, 1982 (i) Motion by Councilor Cook, seconded by Councilor Brian to forward advice letter to OLCC expressing concerns of package sales by the Plaid Pantry in the Bonita/Hall and Durham/Hall locations because of their close proximity to each other and Durham/Hall's close proximity to the High School. Letter to further advise that Council prefers only one application be approved by OLCC and would prefer the Bonita/Hall location to that of Durham/Hall. Motion approved by 4-1 majority vote of Council. Councilor Scheckla voting nay. CHIEF OF POLICE LEFT: 8:30 P.M. 13. TEMPORARY USE PERMIT TU 12-82 SOUTHERN PACIFIC NPO #5 PUBLIC HEARING A request by Southern Pacific to place a 24' x 60' trailer for one year as temporary office use until finalization of Auto Center expansion. Located at 15200 SW 72nd Avenue (WCTM 2S1 12D lot 200) Kable Acre Tracts lot 1. (a) Public Hearing Opened (b) Director of Planning and Development gave history of issue as set out in staff report and Planning Commission minutes. (c) Public Testimony: Mrs. Jeri Ball, representing DJB Inc. , questioned the Director on which tax lots were involved. There was a discrepancy between the newspaper and public notices which were mailed. Legal Counsel and staff stated that the tax lot numbers were mixed up at the County level however the notice was legally sufficient since both tax lot numbers appear on the Washington County maps. (d) Director of Planning and Development recommended approval of ordinance with expiration date for the use on 9-27-83. (e) Public Hearing Closed (f) ORDINANCE NO. 82-67 AN ORDINANCE ALOWING A TEMPORARY USE PERMIT FOR SOUTHERN PACIFIC, AND DECLARING AN EMERGENCY. (g) Motion by Councilor Cook, seconded by Councilor Brian to adopt. Approved by unanimous vote of Council. 14. CAMBRIDGE SQUARE PLANNED DEVELOPMENT PD 2-82 SUBDIVISION S 5-82 NPO #2 PUBLIC HEARING A review by the Tigard City Council upon its own motion limited to review of conditions attached to the Cambridge Square Phase I General Plan approval by the Planning Commission. Property is located at 11820 and 11900 SW 98th Avenue (Wash. Co. Tax Map 1S1 35CD Tax Lots 2200 & 2300). r (a) Public Hearing Opened PAGE 4 - COUNCIL MINUTES - SEPTEMBER 27, 1982 (b) Director of Planning and Development summarized issue, noting that Condition #6, required by Planning Commission, did not meet with staff approval since the street width did not meet the City's ( standards. (c) Public Testimony: Mr. Robert Millard, 5169 Bob's Court, Salem, appeared and requested Council approval of the private street. (d) Public Hearing Closed (e) After lengthy discussion, motion was made by Councilor Stimler and seconded by Councilor Cook to direct staff to prepare final order for 10-11-82 meeting to require a 32' right-of-way with 28' of pavement, sidewalk on one side and curbs on both sides with parking to be allowed on one side of the street, street to be dedicated to the public subject to the approval of plans by the Director of Public Works, and the original Planning Commission conditions #1, 2, 3, 4, & 5, being retained as they exist. b Approved by unanimous vote of Council. } 15. COMPREHENSIVE PLAN REVISION CPR 2-82 MILLIGAN NPO #3 PUBLIC HEARING A request by Dick Milligan for a decision and adoption of findings and conclusions by the City Council for a Comprehensive Plan Revision from a Multi-family to General Commercial on property loc:.teci at 9960 SW Walnut Street to operate an antique store. (Wash. Co. Tart Aap 2S1 12BD, Tax Lot € / 2200). (a) Staff reported that applicant has withdrawn request. (b) Motion by Councilor Cook, seconded by Councilor Stimler to accept withdrawal of application. Approved by unanimous vote of Council. 16. SIGN CODE REVISION - TITLE 16 - ZOA 3-82 PUBLIC HEARING A request by the City of Tigard to revise the Sign Code, Title 16, of the Tigard Municipal Code. (a) Staff reported that item needs to be set over to 10/11/82 meeting. (b) Motion by Councilor Stimler, seconded by Councilor Brian to hear issues on 10/11/82. Approved by unanimous vote of Council. 17. STREET VACATION - 72ND AVENUE/BINGHAM PUBLIC HEARING (Continued from 8-23-82) (a) Director of Public Works stated that the State of Oregon has not decided what portion of the property to dedicate back to the City for the street vacation proceedings. His recommendation was that the public hearing be closed and that the item be readvertising when the State information is available. PAGE 5 - COUNCIL MINUTES - SEPTEMBER 27, 1982 i i a� i e (b) Public Hearing Opened i t (c) Public Testimony: No one appeared to speak (d) Public Hearing Closed f t (e) Motion by Councilor Brian, seconded by Councilor Scheckla to terminate any further consideration of this issue until readvertised. Approved by unanimous vote of Council. F t 18. 72ND AVENUE STATUS REPORT ' i (a) Director of Public Works stated that all but 2 properties have granted rights-of-entry; the 'S' curve grade has been cut down; the i Bonita 96" storm drain line is in and right-of-way/easements are being donated now. } 19. ECONOMIC DEVELOPMENT COMMITTEE (a) Director of Planning and Development presented letter from Mayor Nelson, City of Beaverton, requesting all cities set up committees to 4 assist in the study of economic development in the County and within each City. The Director suggested that it would be prudent to take action to create a local economic committee to assist in the formulation of the City's individual economic development strategy. The Director further recommended that the Council pass the resolution presented which would designate the Mayor as a member of the Policy Committee of the regional task force on economic development; which would allow appointment to the Policy Committee by the Mayor of a business representative; which would allow the City Administrator to designate a staff member to the Support Committee; and direct the City Administrator and Director of Planning and Development to initiate the Tigard Economic Development Steering Committee which shall develop an overall economic development strategy to be presented to the City Council for consideration in the future. (b) RESOLUTION N0. 82-111 A RESOLUTION OF THE TIGARD CITY COUNCIL AUTHORIZING CITY PARTICIPATION IN THE REGIONAL TASK FORCE ON ECONOMIC GROWTH. (c) Councilor Scheckla requested that a representative from 72nd Avenue LID area be considered on one of the committees. (d) Motion by Councilor Brian, seconded by Councilor Cook to approve Resolution No. 82-111. Approved by unanimous vote of Council. 20. 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. PAGE 6 - COUNCIL MINUTES - SEPTEMBER 27, 1982 20.1 ACCEPT LATE BANCROFT APPLICATIONS (a) Deputy Recorder reported the following late bancroft application t. forms had been received and requested Council officially accept them for consideration. See attached listing numbered 2.8. (b) City Administrator requested a short recess so that details could be worked out on the bond sale issue. RECESS: 10:00 P.M. RECONVENE: 10:10 P.M. (c) Staff reported that the ordinance calling for the bond sale on 72nd Avenue (Sale 116) would need to be presented at the special meeting of 9-28-82 for Council adoption since many late applications will be accepted tonight and vary the bond sale amount. (d) Mr. John Smets requested that Council accept his late application on 72nd Avenue for the deficit assessment on ID #115 in the amount of $129.21 and #68a for $605.62 and #68b for $1,114.34. (e) Motion by Councilor Stimler, seconded by Councilor Cook to accept all late applications as presented by staff. Approved by unanimous vote of Council. (f) Motion by Councilor Scheckla, seconded by Councilor Cook to allow Mr. Smets to file late applications by 11:00 A.M. on 9-28-82. Approved by unanimous vote of Council. (g) Motion by Councilor Stimler, seconded by Councilor Scheckla to direct staff to prepare proper ordinance calling for bond sale #16 to be heard at special Council meeting of 9-28-82, 11:30 A.M. Approved by unanimous vote of Council. 20.2 BONITA FIRS REPORT (a) Director of Planning and Development stated that the developers of Bonita Firs need to process a major land partition for that project and Planning Staff originally misdirected them by advising a major partition was not necessary. Director requested Council approve a resolution authorizing the processing of the major land partition without the imposition of the burden of financing the filing fees. (b) RESOLUTION NO. 82-112 A RESOLUTION OF THE TIGARD CITY COUNCIL AUTHORIZING THE PROCESSING OF A MAJOR LAND PARTITION FOR THE BONITA FIRS PROJECT. (c) Motion by Councilor Brian, seconded by Councilor Cook to approve. Approved by unanimous vote of Council. PAGE 7 - COUNCIL MINUTES - SEPTEMBER 27, 1982 20.3 APPROVE MISCELLANEOUS PAYMENT REQUEST (a) Deputy Recorder requested the following payments be approved by Council. Coopers & Lybrand for $12,950 and Hardware House Incorporated for $350.00. (b) Motion by Councilor Brian, seconded by Councilor Scheckla to approve bills as presented. Approved by unanimous vote of Council. 20.4 WALNUT STREET STATUS REPORT (a) Director of Public Works stated that the street has been bid and the work should be completed within two or three weeks according to the County. Consensus of Council was to direct staff to call Larry Rice of Washington County and speed up the process. 20.5 JB BISHOP - STATE CONTRACT FOR SIGNAL LIGHTS (a) JB Bishop, Developer in Main Street/Pacific Highway LID project, requested Council preliminary approval of his agreement with State of Oregon for signals. Mr. Bishop stated that he would be wanting to work out some exceptions with the State on the contract, but noted that this would not alter the design of the signal or incumber the City. x V (b) Motion by Councilor Scheckla, seconded by Councilor Cook to give preliminary approval to form of agreement for final drafting and presentation to the parties (JB Bishop, City of Tigard and State of Oregon) provided that changes may be offered by the parties before { such final adoption. E' r Approved by unanimous vote of Council. 20.6 ISSUANCE OF VISA CREDIT CARDS (a) Councilor Scheckla requested staff study this issue further and submit to Council more statistics as to what rates the various banks offer on the credit cards. 3 (b) Staff will study and bring back to Council. RECESS: 10:40 P.M. 21. 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: 10:59 P.M. PAGE 8 - COUNCIL MINUTES - SEPTEMBER 27, 1982 r i I 22. 72ND AVENUE LITIGATION - MEMORANDUM OF SETTLEMENT AGREEMENT ,- (a) Motion by Councilor Brian, seconded by Councilor Stimler to approve memorandum of settlement agreemep t. Approved by unanimous vote of Council. (b) ORDINANCE NO. 82-68 AN ORDINANCE RELATING TO THE CITY ASSUMPTION OF CERTAIN COSTS OF THE SW 72ND AVENUE LOCAL IMPROVEMENT DISTRICT NO. 21, AND DECLARING AN EMERGENCY. (c) Motion by Councilor Brian, seconded by Councilor Cook to adopt. Approved by unanimous vote of Council. 23. ADJOURNMENT: 11:05 P.M. DdVuty Recorder - City of Tigard 'k 1 t ATTEST: City of Tigard ` s i G } PACE 9 — COUNCIL MINUTES — SEPTEMBER 27, 1982 3 sonic September 27, 1982 wish to testify before the Tigard City Council on the following item: (Please print your name) item Descriptions 3. PLAID PANTRY OLCC LIQUOR RECONSIDERATION DURHAM 14 HALL BLVD. • roponent (for) Opponent (against) i acne, Address and Affiliation Name, Address and Affiliation C /I/L d 077gGr?t� iE� �- ]E wish to testify before the Tigard City Council on the following item: (Please print your name) Item Description: 5. -TEMPORARY VISE PERMIT TU 12-82 QLT3:HFRN PACIFIC NPO #5 PUBLIC HEARING • roponent (for) Opponent (agains t) acre, Address and Affiliation Name, Address and Affiliation I • 1 KIM mop Mjwiww�ww_ IIIIIIIIIIIIII - r c j I wish to testify before the Tigard City Council on - r : the following item: (Please print your nave) Iters Description: 6. CAMBRIDGE SQUARE PLANNED DEVELOPMENT PD 2-82 NPO #2 . SUBDIVISION S 5-82 PUBLIC HEARING - oponent (for) } Opponent (against) me, !address and Affiliation Name, Address and Affiliation o�i�+�f /i'•O(�it�d� - Sr 6 gA,c�•-'/i'J QTS fil�,i-✓, t � • i (S i i i f I t �p l i t i i F ' E M�f®!I 827 Q IE 0]iB�.�0 ■.m PAYMENT OF BILLS FOR COUNCIL APPROVAL SEPTEMBER 27, 1982 PROGRAM BUDGET Community Services Police 75_31 Finance & Records 1,539.79 Municipal Court 823.78 Library 43.06 Social Services Total Community Services 3,081.94 Community Development Public Works 14,548.92 Planning & Development 1,391.52 Total Community Development 15,940.44 Policy & Administration Mayor & Council 418.99 Administration 363.85 Total Policy & Administration 782.84 City Wide Support Functions Non—departmental 17,029.32 Mise. Accounts (refunds & payroll deductions, etc.) 15,710.81 Investments DEBT SERVICE General Obligation Bond Bancroft Bond & LID Expenses 296,022.06 UNIFIED SE14ERAGE AGENCY �- Contract ALL OTHER EXPENDITURES Civic Center-Project TOTAL AMOUNT OF CHECKS 11RITTEN t4S 5 7=41 M J N N CD CT 7 O M V'1 N V1 M O O� rn h O O .+ N 1P1 O M y O N C Cl M �D C7 - u'c Q, M N M 1 Ln lO v1 M O Ln y �Y N i! O� O� h QQC O N lD O'. Ili N CO M "O cl f w E qpC � t N N W N ! 4 U F z mw I U W a 1 64 f yO y W ij d b 6t co f t- r4 N N -P1 NOD t0 a} V' O O.i 1 O It N 'OI sQ�1rl to M 1-1 m .� l0 .d .� O !� a% OD In N Ln fnA gg}C Aj 4 4 I N N N M C! 4v 1 .� 9 4O cau .! .4 146 4J aw ba m y -4 y E y ! a`ro °oi .a ami u .O1i " ' c° a p� u to W 7 ►7 .i r! .-1 ri Z N N N N .4 t 0 V M 61 V1 M O% O O% lD �Y O O� M �O O, I� co M s O co N CO O y N cn + lC M Vl M .T "O 'O O M r1 I W% %D F. N lO d .� OD N'i Ln UI .O .-+ M M .+ m N I S r1 Vl I N M G� -mM m O O, lD m �7 O� M lO m 1� CD cn J O co N a0 O y N M N "O c �n M O M = lO w co co oa T Q G E N O O � � M H w g a x w as m v ti sa ar T Ln v rn v vi %D vi m n cn 0 w n � v rn o m n O �O 1+ O1 �O IO O� N N rl 14 .d O to Im co .-1 n N m cn O O% co .-1 h f0 n N r/ .-1 h O �7 .OIto N N N L m 31 41 YI 3 N � N W i� fi N to to w .n e m E' w ORm w o .� a m m Cm Cw c S a a CIA M m y N 0 A O O N 2� -.tm bl a O � �pp�]rr "A ppm p4mmp� ypM b v6-4 gyp] S vii F S O O S' Ef E Q C�0 Pte. 'aH d1 .-1 Os N N N N N N W cm N N Q � N �mm Emir, - .. mm - f E y cocn co Q� fry C�1 1 f+l cD 14 d � L t!1 m 'T N O N 0 0 0 0 m G M qq E N O O 14 W A Z W a x P4 a+ to m er 0 o o 10n o 0 0 0 0 M O h o W 10 1n m mil O O O O O O O O O h N Go .-1 M i1 d aV W 41 d tl Nmz uw.77 W H d U M V " ;y C a.+ w y rd N .v uo1 mCC ap 42 ,may A'+ �y.1 ipL 8 GD to FA w S. en 1.4 r4 .�-p1 r��p r-I .-1 �r_4 .Op4 ..p4 N Np �Np N �10+p1 �e�pf �1�+p1 `l � M a1 U C7 � 7 d V d• rP d• d' � Q � � '4` � d' d' d' 1+f � i�FillM�fli� f � § 4-1 n _ � �| 2 . I . . In ® § t 2 �4 _ k � m � rg F . § 2 | § § § # | � § ; § { « [ , ! m 0 0 0 0 § 0 0 2 ] ; | } " \ \ / � ' { � k � 2 $ / 2 3 • a a ( � � 43 2 © K © P ® © / ( § ] 4 co t } a § _ \ m - ■ g O e . a q { q 7 § 2 2 [ ; \ / \ \ \ 4 \ \ \ \ \ § cl Ln % [ J ' � d.,._ d - - al 49 ( G p 1 n Q O� 1 P1 N E .1n y 1 n WWyC o o+ 1 M W O tq M E H � E W O u Z W OHO �W�yy ?I W N 9 W m a N O11 � 71� t E tt i O N O V F am+ I " 1 r h-a U d 1 •A L 1 7 � ( •.� d 1 U U 1� 1. C) co ul r .-� O 1 CO W 1 C C4 f� W M 61 4 to N W J N N (� r N M 'O t+l M J O W ca .rl t09 �I'1 .--� M 0 N-O N C J U M N m N M O ✓1 C) '.� W Jl W r-+ O O '. L'i - N M I N b O N u'1 O v N N, r` LP1 Z co-14 O W' mil i P4 W •^'+ rn O+Co 0 H H n a OJ P4 •, a.? o W w U W n W P3 00 7"• M N 01 C•O-a [Hy 0 0 7 N d T v A OJ `O W n O o o W w I ,I o o wo' w .o J ; o Is co d 'D `O d d M J M ✓n co Oo W I W O n 1 Q v N w C`•�� N N m r� J %O O\ C, W M J J 171W T N 1O W Na, 0 H � > w J w w �D M M •,I p F O M M J' w M J O u'1 O 10 C09 hyi W M N N J J r` 10 v M N N w O �O ON �O O M J tr co M O% 10 M 10 M ri .D N j •--1 M co N Ln ON ON N .-1 M W M O, M .'-1 O J N M .•-1 O M MWO� MNWOinO U`k+•O J M M LM O M J CO M Ln n O N M N O �c W M 10 W r� N O� -7 N M .M-. �. N 1lll I v M M M J .moi J OJi M n O H M .--1 N Go U 7 N d 0 O U m L W O d m p w �rg� 00 N U m P. - .7 ? d 0.0'. W •O N i.l 6 O. E x �j .� G' H CHFQLnL4Q CH0. 7HN �-rotl+l Ud U`+ ro•�H P\4 HTH Hd WH ri0 l0.a H•Pa. VLO+] •� •W� L0. H •CCw O N H7 NCi H -b O .0 E W O Lu b0 H .i ,uVOC.ll -•ico C -O m a % 00 ~ O W W La 14 H L y H Uy' aNH CIOHAVN CJ WNw 7 w vJ b b p W co O6ya .O d Pw d .1 m O O U M > C 6 o v w Lo o aoa cro7 A w O >a o a� > e U U O, M1 34 'a u v�j O co N � M o o ccD A m n chM ll c c p r+ d Cl N N d W M M1 oo n O �--� 'm Moo LnCO al G M w M V1 r ti M In O u O d v W H . N N O O � � H U C W C-�. W M1 N L, M N krn m w O H .-. r- 0 M1 W N S-.U W W W x ^ -+' aroro H Q M 0 0 0 N Q� Ol � ✓1 d W PO O O O o f •� v ro � �� o i-+ �=+ w O y U W O O m s s to o U ml LJ a) •-+ N •--� N 'a i3 N J W H N 0 �D N H C•.i o0 oo W P4 Vl O S In co M1 d d W O N co td M� � M r M C ro In 'n Ln N N v 61 d d u-f N T T M O Ln N N an %O �7 4` M1 lO ^. O O w Q O ^ O M M M C O n u1 M1 N V1 lo lo cn ',.� N l] C N M1 O .--1 O� N r1 to to r-� �7 O .�+• r-I � to N in rn to .7 �n aD M v v N M U v 14 N .-•� O\ m m w u d - Q U W d ac H,Hj..WIGzG� w pCmT' 6 aN. uQa) roAamI •bmoQoI+ ?Pa>NOr. .Tmi :Iro'H�,UHuuo .dwQWpW°�7` HmaaiO-i+Poa`I4+� Na dumH piGO UA WA H wN ctsiwOa 03 P4 wum O 1+ O O m' U w a' to H � :.4+ G M U yy ;nWM GR7 u m X �. M + W • H al N7+ m 7 m14 ql m L O H m m ro O C u O I/ 7 0 Ua3A U . H U W •rl a+ > G U U cd cd m cj m U W� O1 yr G n m N C, W H d 7 N W aaw� N o H •r1 C.q U W N >i �o u 7 N G EOc •• U P. W H cn q M W >+ W 00 'iL 7 �r p O O q 6 q pGNw d wp N E-Z -� u cu IH•1 O ~� M � G U (E. N W•H R7 C+u PE y H °I d c 4 O 10 N H wIn G C z7C U W 04 w H H b Ln � 3 a 0 10 N O O m O O O O O O O O O O O O O O L CO Ln O �o O O O w N O �cl M �+I O O O N N M O d E 'o O Ci -- O n O N c O O 1D 00 •p m 41 N O O In -7 v1 Cn a c/'1 'D c/1 'n O .-� r.1 N w 1 l n 0% d J M J cn en M N N 1-4 11 1 d O O 00 O O O O O O O O O O 6c1 O O J N O V1 O 10 O O O w N O In c•9 vl O — O N O O •.-1 OD C 'It O M w O n O o M cl O N O D l �D M O M e-c Ln N O O 0% J Ln a% a% v1 �D CO � O CG iri co ~ c� T d N M -:r n .D c1 N n cn LnN w N 00CI H U x d d W N C u •H a sTi E+ IT+ c� x x cc 3 E- ••+ 3 m > m > U4 CO 0 = N 1+ u ca H D• H •.� w m ..-1 01 E. E+ N a .4 0 a rA D YWO r�>W. ax •>+ w 4) -C.Pcd4 Ox Ux13 d1 > N3J N>D7 Na>7 a m o > o N b = .C' .a .d Ya O4H U N 41 Ha > A 0,34 M o Go CCOm U3 N m O N c1 PH C13 cd D iJ KPUN H O t; -4 H u •-1 . toO O C4 W E+ a sHW P4 aH WO W N U a N W WN r U U .OnrHOI; ) 'D 1- Oo N d\ E r-1 N cn --7 'n00 OD O1 r� N c7 4 O O O , r-1 .--c '-c "� e-c .4 .-+ r4 e-1 N N N Eza O M cn cn 4 1"1 en cn cn V) Pi c'1 c1 M c'1 P1 cn c+1 cn cn PG cn cn t i i i -rid d U U co � m i -T E v0.i C f•7-� o. i co Ol A W H U G N c0 al 7 r' axw a+• , cn �n o H o C 0 t"u V: T y,c r U 0 M H QN Z pWpy W � pq.� qW •PG W 6 W Y cn W d w N E� x V X 34 ty Z Co H N N �O U Z d a E- o) co Q� N A .•-i o+ "'� tip{ W Cn P. 0(r. t-+ b r N �O N .p O prp n O �D NCn N N ^. O^ '•'� T d U W $� m Ln OO oD . N M -:r O O 4 U v O O O o O O O O CD, "I O O cD O O O upl O Ci O O O• O O O O yap C7 O O O O O O d p O p -fl - � 'nr+ 4 p Ln . tlo r N Ln -4 W H r 'n r p r to Ol d O d N O+ c� r oo O O d Ln 4 cn oil N Om fn Ort w w '.. , " fn w ..-1 N' C " o. rn d .D c;% O b m t L W m N N C W l� aJ H O y t0 A � d .rr1 cV '�A H y to j (uG \ d m ig m Q iJ U y�j tG L .� L d 07 H G •9 .V•1 7\'. N O •'� cu 'd N d W H d Q 0 O w ., � o c o x b x a a v �. oO H U m a m d W d U) 3W 1-4O W H W 'a H H .,4V H N .a d \ b M m •e0i O O W44 U •> &j 41 t; cc 7 u -r01 a1 m H C:3 %f to RS U W •.F. P. (o U N O N rn 1 I N 1 H N fin[ O d O Ln cn cn Om cncn cn cn cn cn cn P�1 cel H � v •' U U tC N ci N ccx N C rn 6 W � Lm CO H C m ai b ,C� � m N W ~ (•1 �. O O x v o 0 H u C co •� of v ti axw u•n O H O H W O b ti N cc 7 T L cAN C C O Obi O O y H H .. A cn W Pa T W 7 G y cc C z o y ¢ o xw :a d ca o ?zPQ a� aYi .max roIV ] H L L z v]H v] 0 O Hill �i G H C .� H w d H .3z •o > w ca w a01e bo] w H to rn 0 1.- D.0 v1 O I O A C G `O - z °� • mow '' H ppqq .d 0 0 C da sIn n �n o ooco n In Ov N N O, .--1 0 0 0' 0 0 0 0 0 0 0 0 0 0 o w 0 0 0 0 C. 0 ar N o 0 0n o 0 0 0 0 0 0 0 0 .0 0 0 0 0 0 0 W 0D o 0 o n .n o C 0 c 0 In o o n o C C 0 s OD r-c O O aD .� cn 'n u1 'n O, O% O> In N a0 O cnfN :3 H N c" N r-c rl N e--1 In In N O%O O O O O O� •� OO O v O O O, J N O O _y� O O N O �O O O O O O O co en Om O c•'1 O O w N co �7 o n O o O .,�H oo, >n O o rn �/1 .� ao o n N v a/ aI 7 N cn Qi If] cn rl N r-1 j C C W d O N {YI u O H P. 00 > L •u] U H c�j G H W •y 4Ij 4 v3 ao> x d u v .+ w u H v u •.''a a -d c ca o r4: C w m .+ d a s z . co A .-+ c.I a m H N caN .] s4 y d oo c] Ti v C w m d 7 -� v U a o w H (." H •C a Q7 bo N C )N N H N L• N 0a I r14 O 7 b •c7 -.i N u C7 H d u X a/ M t0 H N H N u H N v0] [d N to v>i w U 6 N is. Pc O a 3 O U O C A O N U N N d H O to to U1 •o n. aD a II r 4 N1-1 �7 vl O� Z H O1 O �O to lO to to lO lO to to to lO to Cl . co Q w wm wn O rn rn M cn cn m cn en M c'•] m cel cam] cn w In m I m c• [n O+ at cn f7 cn c 1 H U CY 0 N •rl N J Cul p• N 7 � H � rrrr En W � l! ' N P4 oc w cn •0 W o � H ✓1 O a b F U W W O O G Cl j T U P& W c+'1 HN Q w Wcn w cn p� " w m cz ti N C d W •GOG W GDa Z t 2 w N N� J � ra cn O x H � (y L -4 L y cn .• O N H C•� z b > m w v w ) n co H C1 d O, to 1 a C) V _ W Ln cn N 1 O O O O N 4 10 i CO 1 1` O M m L CND O O O Ol N w n o CiO N O 1 O O O co con 00 M1 N N C9 O O C N a\ b cn 1 S 1 .-•� N O, 7 m .p O n co .-a .-+ cn . SQ•� O� W R ID In u Ln o o o rn O r+ .c co O m •.-1 Op G % O O O W Vn n n M N C O S•.F-1 �••� O\ O ca O C N N VS W � w w GL ica W cn (� CO 'D cn d V1 e--� r-1 cn M V d OD W x C N a OC Cr W w O N • u W ui cm •. H N W N O (ra m go C! O PPP444 L 0+ w v> o d cNi 1-1 cwi H w 6 H b' W aCD Hi N U .°y' H ¢ W u W ❑ a ,., u w w a n s + al •+ ok' x w >. v x°1 c z F .~•l a o vUi cn u H R7 H H _4 i N cn s Ln C] C 3 H m •r7 aUi c7 d .Y ."'f- U W W P4 U W -. W W .7 W � 'oil c.3 v �i r+ .0 m I m �� k .m � ,o y u u-o n .4 cnt co W1 1+ 3 P4 1139 w II cn W 6 H 1+ �c A u I N NI o o .1 o 1 °` vao'w H� N a cn w `� d AW a W ] v� A L• a W L � �I a a f Z N H W r••H �H b > N a• R .•'f O� N u'1 ^'1 u'1 T �t a0 d N �O� HO H '1 vi O M Cil fA V.b 01 cl to c`Y Vl w w u'f cn cn z s cy W •_., i H H •y N Ln (+l W '1 O.H Q'� �'f uC^f (•"f o+ O a0 -o H�,•1 Ow m w Vl 1-i " w a0 c"f rl N d O oD O W W vY a r r1 ` L T � O N o0 GY N Lr 1 t N N N 1[ W.-d 'm r h N d N m �O t— O O n 'o O O n r n ^ { •b W co O N N co u'1 N N Lh .--a O Cn .--f dt N W !{{ 1 N Lr, c', O� r f+l O O o0 a0 oo m an M T f•Y No r M CO r �fl r v1 N CO 1 O ^. VY <"1 •-/ L1 N T O ^ t!1 N N N r 1 O1 00 F M .moi O� O N O d .-/ d r lo O r lo r r r Ar O oD N J a0 .-i .-1 N •O O f`'1 •-f r t N ^� 01 N .- 91 4 co f \. G � a. m o a 4' E m W V O IL+ N > H d w O .fu>ri > ami oa0 .7 d .a .-r u� O U •.Gi C9 C 0 -.�+ u vii -q -.tea u U fA L y N t+ R1 U W a• T w b + cal C + W w a a U •H s. •-'� U •H d o o m x w U C U at O •H C 11 1+ u U 1. 1+ m a 1+ m m b O -H �O •H $. •H .-4 r. O T a "4H G 3 F -O 'o H H Cd PH+ c7 + G C n um co T u r > .Z o •H oH O =5 .4 N H a •H .'-1 a a a.' a N at m o 0 P. W .'t-. 0 W is. W .�' U U U d U .-1 N nl -zr N N N •-'f N W co • • p.� .-•1 r-1 N ri r-1 N N t o fh S •o •O U O i ci �I i U U� 1 '{ i .1 i i7N O v1 u'j! cNry i O u u M •o o M M ^�Wy1'ii S n V. O V] N N cnw. i � I xo Ln o s. ci 04 s3 �' 41•� cn O -4 a cli a U W L M G l7 c b M M a H Up04W loA z 94 s>, - fl ti 'Cc w ce w� p^ L OI I d � u �.1 . c.0 H y co POi 00G h cc � L-3 d O .ccCA S In g7 0 7 i 0 Q� O 7 O M O N 1 M �--� �7 O �vO � v b o Ln co o M O N Co c% 'n O .f1 iJ co O t� 3 G N OD to 1- 1— O N O N c+1 r �O o .0e rn Io co .o uy a vo v Nlo ^ r M i u f ai ai s+ G H y W W VW' W O 0.94 N C7 •t0a ai W G C b W H a w W Ol c0 d w a v X C N u 6wO Wu > w N H94 4j 4, fn O 1.0.1 y W Pa C Is 41 N ats d 10a N N H O O w O 1--4 ? Q H U „ cny C1 . . • ' O' t+l �t1 N 'tl M O O� O� r O w•1 O N CO an 41 O N lO Cn Cl CO .. ro O1 d W �•„1 n ul M N u ~ N 41 C C4 �48 C4 O 41 Obi Ol r O u1 .�•+ OuM,1 yf3 O N �O CT 13 ClM .O CO .. .. O\ Cl) 00 In n In Vl try N .� O CQ L��j FL aR� K7. 1�1 H E- H ww O U 1 En v z w p H z z w a x w ,) a) v m O 1n r+ ao C` P 1n m [- .i N N M m t0 V' 'Vr V' O Ol M N O c; C CP r-1 in M N t0 O N OI rl 01 h r. �' .•-1 to M .-1 14 l� N cn r-I .••i rl O t- 01 m i!1 N Ln ...1 r•i 2.1 C N CC C) F d N O •.1 b1 M M •.I 0 43 'q m > EQ b C N pHH a _ cUi 7 yvy pHp �7 A —7 � A,' W H Vl E Ic 0.' En cn H tL' H FC h F'i-1 a �+ N 1 H L N N N N � M H V' o .-i b O I Q, lO d' r O, M lO Q, 00 M -T O a0 N co O N M . lll M u1 M ` lO lO O M U1 1p lO -T — r-1 oo O M M fr' .. -T .--I .--1 M m Ln M Q1 O 7 M lo O, W M d O OO N N O 43 N M .-i lO M lO O M rl lO it E W E R7 E7.7 a H UUl O O U Z W W a x w 4j a� ro ua v v O co o n n en c T v lo 1) t- M M en D� N O N tT T l0 CO n tD M n c0 n �p u1 OD n c} " O a n T lO kO T N V' O N T m ri n N CO T O T N n O n N .i .-i n a7 O .1 N .4 N N 4J N C U � Ya U 41 % W 0 N 1A N d C) N O N a m Ln °c m rjl El E o 3 Uri a vii 2 0 E-. v cla a u.; n; ;; ui e m w m co rt m m C A C .1 G cn S Lao H s :c y O to N i1'f ri .i r! r-1 ri r-I $ N N N 3 Q 7 W PI N N N N N N W N N N Q Im N 43 y ro c O N O co Ili H t OC11 � � H N 4g m d NO M W d 00 y [+1 �7 ao .� O� C 1 CY F W a GQ pa W� Oy H E W to O ' a i v Q U C*O�pp J � H H H W � k7 M X w 43 v 0 (A O O O O O O O O N O ri n O O O N C O O O O N O O O t� O �O tD lt1 aD N m O O O O O O O O fn r- N v -4 cn OD H i M H. CC O 1� � ro W N d ° In ot�roy S 0 a O U U 7 S H Q b `n ro Uy41 a E 43 to q w [Ay Cmpq d .-1 b H a 'CHS• C+JI H m EMOH U m �d i� w N N Tr tr 41 41 M ya b aIV & ab a 0a 70 .ps rCa -4 w M Ao broq 8 ii qt' abi� N a .i° to 040 y o 14 A w y 0 o a w w pI M U H d' O 14 N M d' Ln %D CO O O .-1 14 r4r4 .i .-1 rl N N N N to rel (n to � `Q `p w Ni �. 3 u r� 1 00 .O 1 1 CO O O w rn O O + M O O C O vl 1 I 1 1 M C y O^ O O ti Ln C', O O O O O O ! ! 1 1 M U W O O H O q E H vHi O cF`Ct H U H H W W Pa x W w � M Ln O O O O O O O O O N m Ln O OD O O O O O In O H N OH O N m n N N .- 1 V d' ^ O N M ( O� 4 H N N b b 41 H O O y •.I Q a rn ul UG 7 N !p U r•1 N O 00 l A C14yH 114 U \ •.'1 H Y y y1 U W w Oa �@. 'A w Y •.OI d C W FC U O O a W 4.) a ,'- w 8 O O a ro Cd L� m E 14 - �vp vp �cp uNpi �u`p'i m �tapo o w w 1 1 H •WL S i••1 rl .-1 .-1 rl .q rl rl .-i [mz7 N N '4T Iq �r d' V' T V dr lal to V) E Q N D 2 ) � 2 � ! � ! 2 ) ` ( } 2 � 2 � K � 2 � � � o § \ � ■ � ° | J ( ! � co OD C%l | ( ) [ § 0 co § \ Aj cn = / g § a � U � ■ � [ September 23, 1982 MEMORANDUM TO: City Council FROM: Public Works Director +� U SUBJECT: Award of Bids - SW McKenzie Street On Monday, September 20, 1982, bids were opened and read for SW McKenzie Street LID #26. Eight bids were received. The engineer's estimate was $38,750. Attached is a summary of bids and a tabulation of bids. The apparent low bidder, Oregon Asphalt, at the bid opening made a mistake in his bid and should be de- clared informal . Oregon Asphalt has been notified of the error and concurs. I recommend Council award the bid to the lowest qualified bidder, Arenz and Hurl , in the amount of $38,895.25. C . W - r - -NO- � y M E M O R A N D U M TO: THE HONORABLE. MAYOR AND CITY COUNCIL FROM: BOB JEAN, CITY ADMINISTRATOR DATE: SEPTEMBER 22 , 1582 SUBJECT: VISA CARD I have been exploring the limited use of a City VISA .card for Department Heads and myself. Presently, we either take a cash craw or charge against our personal accounts. In cases like the upcoming League Conference in Eugene, a rather large cash draw or major charges on our personal accounts would be necessary. The City has other charge cards for gas, so a VISA card would not be unprecedented. Charges would still be against department budgets and the responsibility of that Department Head. The use of the VISA card may actually facilitate and improve accounting and documentation. I recommend that Council pass the attached resolution. � RWJ dkr M� 3 -®va -- - MCKENZIE STREET LID #36 BID OPENING: 9-20-82 - • P.M. TIGARD CITY HALL, 12755 SW ASH AVENUE, TIGARD, OREGON BIDDER' S NAME ADDRESS BID BOND PREQUAL BID R.A. Gray Portland 10% 42 853.40 Spi- 11 50.058- 12 r Excavating- 1 8 W 9th. Tiaa Rutan Constr. 9125 SW Pony P1. , Beaverton $5,000 42,393.09 w Cascade Constr. PO Box 4267, Portland 10% 43,775.00 Ore. Asphaltic 1220 SE 190th, Portland 10% 38,071 .60 Arenz & Hurl 7940 SE Division,Suite A,Portlan 107 38,895.25 Parker N.W. PO Box 149, Oregon City 107 39, 168.05 Baker Rock SW Farmington, Beaverton 107 50,759. 15 r i t ,ty ecor er Engineer's Estimate: $ Ic - — -- - MCKENZIE STREET LID #36 BID OPENING: 9-20-82 - P.M. TIGARD CITY HALL, 12755 SW ASH AVENUE, TIGARD, OR BIDDER'S NAME ADDRESS BID BOND PREQUAL BID 7__ r -71F J � .7 , Atl ,. < �; �� tea <- to e' iG y Z. io 7 i s ,ty ecor er Engineer's Estimate: $ f c C MCKENZIE STREET LID #36 ` BID OPENING: 9-20-82 - P.M. TIGARD CITY HALL, 12755 SW ASH AVENUE, TIGARD, OREGON BIDDER'S NAME ADDRESS BID BOND PREQUAL BID : L t (/ >/ 't;,61 � 61/JK c 1,. --t i 7 S: zo 176 r rk •� M C, ity Recor er i Engineer's Estimate: $ Law— MCKENZIE STREET LID #36 BID OPENING: 9-20-82 - P.M. L( TIGARD CITY HAL?_, 12755 SW ASH AVENUE, TIGARD, OREGON BIDDER'S NAME ADDRESS BID BOND PREQUAL BID 5`9/^it ..�-_ 2 _ r `r TC r 5 OH/ u 77.c i 7 t 1Ti'z-.7 2 v 7 c p. f rk - svc0%� i.v C s r' E I t c r 1 1 s C k tC I i j 1 CL Re)czc I I ity Recorder Engineer's Estimate: $ 3g, /50 �- "'� c O C Q C O ro p O c Al N o 0 o CD S C � o I o CL I m c� LL,to 4Mi 1�Ld o O -ir U 8 M S �M O O - Cl) H Fa O p lei, c�w 1` O O �q �O 000 nQr, op � \ v W O O O O ti O O O O O O o o o o 0 0 0 0 0 0 ►— O to �^ �p � to R' In O t`t � y L U O O O n O 4 O O O o o I O o �" --1 O O o 0 o p o n 0 0oc 0 c� O -b \ t b \ M I � to o CIE N a v U o v lz 1c, M _a o _ O E 0:: .1 I CJ 1 1 � 1 N U U IZ Ck to v i lu�--I-j J }4- O � m W LL v a o � 0 Q o m m cn p O O h O 0 0 p 0 0 n p `n po p O O W In O tT(( Q' L' ~O m O O O O 0 CL \ 4 \ \ ch j � o OI \ Q) � Iot 0 z 1 � U N Q V 4 v rt M Elz Q O p N t 1 t ��- U Y J O Ld FW-� ? l/1 o Des MOMOM September 23, 1982 MEMORANDUM TO: City Council FROM: Public Works Director SUBJECT: Award of Bids - SW 92nd Avenue Street Improvement Project On Monday, September 20, 1982, bids were opened and read for SW 92nd Avenue Street improvement project. Five bids were received. The engineer's estimate was $17,550. Attached is a summary of bids and a tabulation of bids. I recommend Council award the bid to the lowest qualified bidder, Arenz and Hurl , in the amount of $18,058.00. 92ND AVENUE BID OPENING: 9-20-82 - P.M. TIGARD CITY HALL, 12755 SW ASH AVENUE, TIGARD, OREGON BIDDER'S NAME ADDRESS BID BOND PREQUAL BID 9125 SW Pony P1. or 107 Rutan Constr. Beaverton OR 5,000 23 089.25 9735 SW Pembrook Tigard Excay. Tigard, OR Oregon 1220 SE 190th Asiphalt Portland OR SW Farmington Rd. Baker Rock Beaverton OR 15880 SW 79th 20,743.73 Sproul Exc. Tigard, OR 107 4315 SE McLoughlin K.F.Jacobsen Portland, OR 116 E. Fifth Schmidt Exc. Newberz,,OR 20475 SW Cipole Rd. Columbia Exc. Sherwood Cascade PO Box 4267 Constr. Portland OR 107 20,360.00 7295 SE King Rd. Portland Rd. Arenz Constr. 7940 SE Division, Suite A 10% 18,058. 10 Co. Portland OR PO Box 149 Parker NW Oregon Citv, OR 107 18,308.00 i y ecor er Engineer' s Estimate: $ WEI 92ND AVENUE P.M. BID OPENING: 9-20-82 - . TIGARD CITY HALL, 12755 SW ASH AVENUE, TIGARD, OREGON BIDDER'S NAME ADDRESS BID BOND PREQUAL BID t. 9125 5.W Pony P1 4 9735 SW Pembrook Ti rd f Oregon 1220 SE 190th As halt ... SW Farmington Rd. Baker Rock B vertnno ,7 15880 SW 79th Sproul Exc. 4315rSE MCLoughlin K.F.Jacobsen Z16 F_ Fifth Schmidt Exc. Ne rSW Cipole Rd. Columbia Exc. Sherwood oCascade X70 �� 3 O PO Box 4267 Constr Portland, OR 295 SE King Rd Portland Rd Arenz Constr 940 SE Division Suite A ,4 Co. or v Parker NW O Box 149 Ore. City I Ity ecor er Engineer's Estimate: $ i 92ND AVENUE BID OPENING: 9-20-82 - P.M- TIGARD CITY HALL, 12755 SW ASH AVENUE, TIGARD, OREGON BIDDER°S NAME ADDRESS BID BOND PREQUAL BIO 9125 S.W Pony P1 R _ 9735 SW Pembroek Tigard Exc Oregon 1220 SE 190th Asphalt SW Farmington Rd. Baker Rock Beavprton - OR 15880 SW 79th p � Sproul Exc. Ti and OR G 4315 SE MCLoughlin K.F.Jacobsen Portland 116 E. Fifth Schmidt Exc. Newber 20475 SW Cipole Rd. Columbia Exc. Sherwood Cascade PO Box 4267 C Cons tr Portland, OR U o23 el 00 295 SE King Rd or tland Rd Arenz Constr 940 SE Division Suite A �� 05:2-1 AO Co. P-ortland Parker NW PO Box 149 Ore. City CO U ,ty Recorder Engineer's Estimate: o c , `K O o p p c po �,j p ! o h ce w ", r © # W�i ( - �� Q o O 0 0 o o C O co ° o 0 0 ( - IZZ -� m O a o ro O p O p ►— Q. � cu cwt �t- `' � U a 8 o a o 8 Cl- R �6 J O p 0 0 0 o o G o �, .-, ��• o c� � o 0 o v • C � � �� o �\ o .� o o h o CL IR[F a o 00 IT 0 0 0 Iz u cn I -LL-L C5 r) Z Lj - C u ° 75� 3 �_ �- CL "ZI e k, zLLJ r r.7 M E M O R A N D U M TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JOY MARTIN, ADMINISTRATIVE ASSISTANT 9,'' CdAJ DATE: SEPTEMBER 22 , 1982 SUBJECT: RECOMMENDATION FOR CONVENIENCE COPIER BACKGROUND In February of this year the staff completed a study on the City ' s current and projected photocopier needs. Copy volumes and the specialized needs of some departments in City Hall were primary criteria during the selection of the Canon NP-400 . The plan which was adopted is as follows : 1) Not renew the agreement with Xerox for the 4500 , (currently the high volume copier) , 2) Move the Canon NP-400 upstairs and add a 15 bin sorter, making the Canon the high volume copier, and 3) Enter into an agreement for a convenience copier for downstairs. The Canon NP-400 is serving our needs well , therefore staff is implementing the plan. A Request for Proposals (RFP) was released September 9 , and notice was in the September 9 Tigard Times. Bids were received Friday, September 17 , and evaluated the 27th and 28th. CRITERIA Criteria are taken from the original study. A copy of the minimum requirements and the list of priority items , as given in the RFP, are attached. The costs were shown by the vendors on forms provided in the RFP. Copies of these sheets, with the information on one of the machines, is attached. RESULTS Five vendors submitted a total of fourteen bids for thirteen different machines. Costs were carried for five years and the four lowest cost machines are shown on the following page. Also shown are the specifications for each machine and notes on copy quality. . . . Continued . . . 1 t E Y MEMO - RECOMMENDATION FOR CONVENIENCE COPIER SEPTEMBER 22, 1982 c PAGE TWO i RESULTS (Continued) { 4 The 5-year projected costs for purchasing are very close, less than $1,000 difference, and slightly over $1, 000 difference for i the lease-purchase. Quality characteristics are similar except the Xerox 3100 LDC handles larger originals and semi-automatic document feeding. The former is the size of whole ledger sheets, including headings -- something the Canon NP-400 will not copy. ' The 'Later will decrease operator time and add convenience by f decreasing the handling of originals . F t I RECOMMENDATION Staff recommends the Council move to enter into a 36-month lease- purchase agreement with Xerox for the Xerox 3100 LDC, to be installed on or before October 1, 1982 . The Xerox 3100 LDC will be made available to the City of Tigard for a trial period of two weeks, at no charge. It is my j recommendation that we use the Xerox 3100 LDC for the two week trial period and if we find the machine suitable to our needs , we then follow through with the signing of the lease-purchase agreement. JM : dkr Attachments t F �E F SPECIFICATIONS r Top Priority: Minimum requirements all machines must meet Dry Ink Supply Sheet fed paper supply 7,500 to 9,000 copies per month t 20 copies per minute Accepts oversized originals (to 11" x 17") and bound volumes Use standard plain bond, letterhead or colored stock (16# up to 24#) Ease of in-house maintenance Lighten-darken control Second Priority: Automatic two-sided copying One mode reduction copying Semi-automatic document feeder Third Priority: Document feeder Sorter Qualitative & Comparative Criteria Price, including supplies t. Copy quality Machine Reliability Low frequency of paper jams Ease of in-house maintenance Costs in terms of staff time Speed Current customer list (25 or more) TABLE I VENDOR: XEROX CORPORATION NAME OF UNIT XEROX 3100 LDC PHONE: 221-1850 PURCHASE RENTAL LEASE-PURCHASE NOTES Purchasing Terms 36 months Costs Basic Unit $2,845 7,500 copies/mo. $198.52 /mo $96.47 /mo 7,501-10,000/mo. $.0115 copy $.0097 /copy 10,001-15,000/mo. $..0115 copy $,0097 copy over 15,000/mo. $.0115 /copy $.0097 /copy Supplies (list ccct for 100,000 copies/yr) Paper $448 (Our current price) Toner $130 Drum No Charge (Part of maintenance) Developer $110 Other Equipment or Extras Auditron $368* $368* $368* Stand Included Included Included Semi-Auto Doc.Feeder Included Included Included "Stream Feed" Sorter (# of Bins ) Maintenance - Basic Unit 90 day warrantee free service Auditron & Stand 7 year guaranteed service Annual $1,541.64 -0- $1,541.64 Based on 8500 cpm Monthly $ 128.47 -0- $ 128.47 Delivery-Installation $ 48.00 $ 48.00 $ 48.00 * One-time charge, purchase using cartridge we now have 1[� TABLE II VENDOR: XEROX CORPORATION NAME OF UNIT XEROX 3100 LDC PHONE: 221-1850 Qualitative Criteria & Specifications - Assume normal usage averaging 8,500 copies per month. Copy Time Costs: NATES Copies per minute 20 /min. First copy time 8 sec. Warm-up time when first turned on 2 min. r Time to reduce 1 copy N/A (or N/A) Maintenance Time Costs: Max. response time during work day 4 hours ! Ave. downtime per call: Machine less than 2 years old 1/2 - 3/4 hours Machine greater than 2 years old 1/2 - 3/4 hours Frequency of service calls: Machine less than 2 years old Avg. @ 12,000c z Machine greater than 2 years old Avco. @ 12,000c Estimated in-house maintenance 0.1 hours/mo. Estimated training time for key op. 0.2 hours each Other: Numb( r of paper trays 2 Tray capacity 250 ea. } Reduction None Makes 11"x17" copies Yes & 14x18" Two-sided copying: Automatic Manual X Average life expectancy of drum Cost to replace drum Part of Maintenance # �. O September 24, 1982 MEMORANDUM TO: Mayor and Council FROM: Loreen Wilson, Deputy Recorde� SUBJECT: Acceptance of Late Bancroft Applications. In order for staff to give you a complete report of the late applications which need to be accepted by Council before the bond sale for 72nd Avenue is begun, we will hand-carry this information to you Monday evening. lw MEMORANDUM September 24, 1982 TO: City Administrator/City Council FROM: Chief of Police SUBJECT: OLCC License Renewal RE: Plaid Pantry #19 Hall and Durham Rd. Retail Package Sales Sir: This application was recommended for approval by me on the June 1, 1981 City Council meeting. I am not sure at this point in time how this got by with an approval recommendation. I may have con- fused this one with a pre-existing Plaid Pantry license and renewal. It would be my recommendation that the renewal be denied for the following reasons: • The area is adequately serviced by convenient stores having retail package sales licenses. 1. Plaid Pantry, Pacific Highway and Durham 2. Connie's Market, Lower Boones Ferry and 72nd • The proposed location is across the street from Tigard High School; and could be a source of beer and wine to students through adult(s) loitering in the vicinity of the school and proposed store. • The area is predominantly urban residential area. • May generate pedestrian/vehicle conflict problem due to students frequenting the proposed store. The Tigard School District may object to approval consistent with O.L.C.C. Administrative Rule 845-05-025, Section 2 (a) and (b) . This must be a written objection and the school officials have been so advised. Respectfully, R.B. Adams Chief of Police RBA:ac 4 f: MENEM f. Tigard Public Schools, District 23i c Administration Office . 13137S.VV Pacific Hwy. Tigard,Oregon 97223 " Area Code (503)620-1620 4: September 24, 1982 Tigard City Council City of Tigard Tigard, OR 97223 Dear Council Members : My attention has recently been drawn to the issue of plans by a new Plaid Pantry Market on Hall Boulevard at Durham Road to sell beer and wine as part of their merchandise. It is my understanding that the City staff is recommending that the Council rescind their previous approval of package sales for } that particular store and this letter is to let you know I concur with that recommendation. Some of the concerns about this permit for package sales are: (1) the location for the store is across Durham Road from Tigard Senior High School . The selling of beer and wine in such close proximity to a school is, in our view, in- appropriate and creates a potentially troublesome situation for both the store owner and the school district. (2) our knowledge of the overall situation has been limited to an awareness of a proposed commercial development in that area. We were not aware until recently that the development would include the possibility of a store making package sales . Considering the proximity of the school , it appears that other kinds of business establish- ments are more appropriate in that area than one engaging in package sales . Again, I concur with staff ' s recommendation regarding rescinding the permit and request your support in that regard. Sincerely, ZelTARD SCH O ISTRICT 23J bert S ennell , Superintendent rb cc: Oregon Liquor Control Commission September 22, 19$2 a f Robert Jean Cit- 'dlnir.lstr€;tor I'U �o_{ 23397 Tigard, ( rewor 97223 SEP. 2 T 192 Dear Sirs: I live just off Hall Blvd. in a new housing development called Hambach Park. It is one cock from the intersection of Hall Blvd. and Bonita :load. As a parent with small children I am greatly opposed to the establishment of a Plaid pantry at the intersection of Hall Blvd. and Bonita , or Hall Blvd. and Durham. Road. The followin are -reasons I oppose this use of the property: 1. Increase - of already heavy day and night traffic . 2. Increase noise level. 3 . Increase danger of accidents, both car and pedestrian. 4. Temptation of children_ to "hang out" at store. 5. Temptation to illegally purchase alcol,al. 6. Deduce nearby residential pro,nerty values. �• There rir•C`-. 1 ' n1�i._ . 1-� ii��_,Z;i :i=... r iJiL7 '�yl:��.�• ,nd that the Flaid Pantry organization look to some other already com-nercialized property for their location. Sincerely, Patrick L. Grant 1470)5 Svi 83rd A- e Tigard, Oregon 97_G3 639-5E,92 • r- �/ MAMEMM September 11 , 1982 1982 Mr. John Piacentini President Plaid Pantry Markets, Inc. 2540 NE Riverside Way Portland, Oregon 97211 Dear Mr. Piacentini , When I wrote to you on June 17, 1982, I was hopeful that your Corporate Policy was different than the one that became apparent with Mr. Staver' s presentation in support of a Plaid Pantry Market at Hall Blvd. and Bonita Road. Your failure to respond to my letter was the first of several items which cause me to write to you now. The citizens of our community area let your firm know of our displeasure with one of your markets in our neighborhood. We further objected to your firm' s potential intrusion of our area with liquor sales. Our ex- pressions have been answered by your firm' s pursuit of two market locations and liquor sales, not only in our neighborhood, but also another location less than one mile away and directly across from our high school . This is certainly not indicating much recognition of the citizenry desires. To cap it off to date, you appeared on "Northwest View" on this date, stating that it was government regulations which have caused you a timely struggle to establish a market in a community which sounded a lot like Tigard. You added that your firm had the support of the citizens. If it was Tigard to which you referred, either you personally are misinformed, or you are misrepresenting the facts for reasons to support your political position on matters of economical development. Plaid Pantry Markets, Inc. does not have the support of the citizens and I personally am offensed by what appears to be publicity efforts to gain favor in the public eye, when in fact it is very self serving. At the bottom line, I don' t feel your firm has as much interest in the citizen desires and needs as you might like the public to believe. The attitude exercised by your firm towards children's safety and environment, as well as the integrity of our neighborhoods, is certainly not a factor of Oregon history which has led to the quality of life that we are stili able to enjoy here. Many of us may not be totally enamored with some of our laws and regulations, nor with all of the goals and objectives of LCDC. But thank God for them to the extent that the citizens have some protections against the efforts of profit-motivated entities that care so little about the areas where we live and raise our children. Free enterprise is great if conducted in a ( responsible fashion; it's one of the bases upon which our country is in fact founded. But if it's not regulated by the government (the citizens tool ) to some extent, then that free enterprise system is open to abuse September 11 , 1982 Pg 2 John Piacentini by those with the money, regardless of the best interests of the community. It would be encouraging if the future were to see your firm conduct itself in a manner where I could extend an apology to you for this letter. That possibility is within your control . Thankyou for your time, R. Michael Marr 14445 SW 87th Ct. Tigard, Oregon 97223 cc: Times Publications The Oregonian Mrs. Kris Vanderwood NPO 5 Chairperson Mr. Phil Pasteris NPO 6 Chairperson Mr. Robert Jean Tigard City Administrator Mr. Deb Fennell Tigard School District Superintendant C - 's k t� 6. yA 4 i OF 714FARD WASHINGTON COUNTY.OREGON 4 September 24 , 1982 s i MS. SUE McCARTHY 9010 S.W. PINEBROOK COURT TIGARD, OREGON 97223 SUBJECT: PLAID PANTRY AT HALL AND BONITA Dear Ms. McCarthy: Thank you for your letter recommerdedember ldenial•ofAthe you may know, the City liquor license at this location. After consrovedbthe discussion, the City Council unanimously app liquor license. The matter is nowc�ecioionre the on Oregon actualuissuanceControl of Commission for a the license. You might wish to send a letter to them The address of O.L.C.C. is addressing your concerns. 90.79 S.E. McLaughlin Blvd. , Milwaukie, Oregon. A copy of your letter= will be forwarded our e`s -hewitCit I Council . Thank you mor sharing y can assure you that even if the license is approved, the we will be closely monitoring the performance Yours truly, CITY OF TIGARD �l/l/ Rober Jean, City mini; r RWJ : dkr CC : City Council 12755 S W ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171 Roam a 3 im ,tZ, iA d_', tIJ ZO 14"y) tka )L-(,Ci IL c i. '�C C C.;;L ot- Yk cit Lc silk, C. Xt Zi 4. L. '7 Za Q Nz Md, NIZOW N. - CITY®F T'GA WASHINGTON COUNTY,OREGON September 24 , 1982 MRS. PATRICIA A. PHILLIPS 14730 S.L . 84th COURT TIGARD, OREGON 97223 SUBJECT: PLAID PANTRY AT HALL AND BONITA Dear Mrs. Phillips Thank you for your letter of September 23 , 1982. As you may know, the City staff recommended denial of the liquor license at the above referenced location. After considerable discussion, the City Council unanimously approved the liquor license. The matter is now before the Oregon Liquor Control Commission for a decision on the actual issuance of the license. I see from your letter that you have addressed your concerns to the O.L.C.C_ ; I am sure thea 4-`- e O_L.C.C. will consider your concerns, as well as those of the School District and other citizens who have written, when they consider issuance of a liquor license to the Plaid Pantry at Hall and Bonita. A copy of your letter will be forwarded to the City Council . Thank you for sharing your views with us_ I can assure you that even if the license is approved, we will be closely monitoring the performance under the license. Yours truly, CIT OF TIGARD r RobeVdministrator Jean, city RWJ dkr 12755 S.W.ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171 �r gar�� ww ■r � Cta� September_ 23, 1982 2 4 ISM Robert Jean City of Tigard Administrator PO Box 23397 Tigard, OR 97223 Dear Mr. Jean: Re: Plaid Pantry Markets, Inc. I am writing this letter in connection with the application of Plaid Pantry Markets, Inc. ("Plaid Pantry") for Package Store Permits to sell malt beverages from either Hall Blvd./Bonita Road ("Bonita") and/or Hall Blvd./Durham Road ("Durham") . I reside in an area called Hambach Park just off of Hall Blvd. and Murdock Street. The proposed Bonita location would be the one closest to my house. My three daughters ages 10 , 14 and 15 attend Durham Grade School and Twality Jr. High, respectively. I previously wrote a letter to the Tigard Hearings Officer describing my feelings about such a store and the traffic problems, etc. Apparently, the Officer was of another opinion and approval was granted to Plaid Pantry. I feel that the traffic will markedly increase due to this Plaid Pantry outlet. It is a well known fact that Hall Blvd. heading out towards Tigard High has become as busy as a freeway with no signs of traffic growth letting up. Trying to cross Hall Blvd. is a real hazard when the junior high students walk to or from school, or for anyone else to cross. Secondly, I consider a Plaid Pantry an obnoxious nuisance in what is obviously a solidly residential neighborhood. The after- hours commotion and shenanigans are going to cause a problem for the residents in the Bonita area, but more importantly - what is a Plaid Pantry doing with a Package Store Permit in an area like Durham which has Durham Grade School in one direction and Tigard High in the other direction? I simply do not feel that the addition of a Plaid Pantry location would be healthy or helpful to the neighborhood, and I definitely do not believe the sale of malt beverages at Com. 1 Robert Jean, City of Tigard Administrator Page Two September 23 , 1982 the proposed location (s) should be allowed. How many reasons does John Q Public need to let the policy makers, rule passers and application granters know that a nice residential neigh- borhood (which includes Pinebrook, Greensward Park and Scheckla Park) or a neighborhood with a school on either side, plus umpteen young people, does not need a Plaid Pantry, much less one that has a Package Store permit to sell malt beverages. Thank You. Sincerely, l J a a. ` Patrica APhillips (Mrs , ) 14730 SW 84th Court Tigard, OR 9722; CC: Paul J. Williamson, Executive Assistant, OLCC John Piacentini, President, Plaid Pantry Markets, Inc. Deb Fennell, Superintendent, Tigard School District 23J Mrs. Kris Vanderwood, NPO No. 5 Chairperson Mr. Phil Pasteris, NPO No. 6 Chairperson September 24, 1982 MEMORANDUM TO: Mayor and Council FROM: Loreen Wilson, Deputy Recorder SUBJECT: ORDINANCE FOR 72ND AVENUE BOND SALE To allow staff time to have an ordinance which has the most current status ( information on the 72nd Avenue LID, the ordinance will be hand-carried on Monday evening. lw C J TO: Members of the City Council FROM: William A. Monahan, Director of Planning and Development DATE: September 20 , 1982 RE: Southern Pacific Co. TU 12-82 NPO 5 The Southern Pacific Company has applied for a Temporary Use Permit to allow the placement of a 24 ' x 60' mobile trailer at 15200 S.W. 72nd Ave. for a one year period. Use of the temporary office will cease upon .completion of their auto storage expansion. On August 25 , 1982 I granted a temporary permit for sixty days, the limit of my authority under 18. 80.020. At that time I advised Southern Pacific that I would process their request for a one year F permit through the City. Council. Staff Recommendation - That the City Council grant the Southern Pacific Company a Temporary Use permit to allow the use of a 24 ' x 60 ' mobile trailer through August 25, 1983. f 4a i 626-22 August 25, 1952 NARRATIVE FOR PLANNING COMMISSION Southern Pacific Transportation Company proposes enlarging the existing auto storage parking area abutting I-5 and Upper Roones Ferry Road right-of-ways to the Southeast in 3 step phases. Phase I will now only be considered. Phase I of project consists of placing a 24° x 60` mobile trailer for one year temporary office use on Lot 1 in Kable Acre Tracts, situated in Section 12, Township 2 South, Range 1 West, Willamette Meridian. Also, we propose to excavateeas1.76�acre®areain Lot blackberry nd 6sand light thepave or ex enlargement of parking area. There on occupantslbe no or activities,eor thetor immediateeffect adjacent sites, neighborhood. N O T I C E O F P U B L I C H E A R I N G NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT ITS MEETING ON MONDAY, September 27 , 1982 AT 7 :30 PM , IN THE LECTURE ROOM OF FOWLER JUNIOR HIGH SCHOOL; 10865 S.W. Walnut, Tigard, Oregon, -WILL CONSIDER THE FOLLOWING APPLICATION: APPLICANT: Southern Pacific CO- OWNER: Same 800 N.W. Sixth Ave. Union Station Portland, Oregon 97223 REQUEST: A request by Southern Pacific to place a 24 ' x 60' mobile trailer for one year as. temporary office use until finalization of Auto Center expansion. LOCATION: 15200 S.W. 72nd Ave. (WCTM 2S1 12D lot 100) Kable Arce Tracts lot 1 NPO # 5 (See Map on Reverse Side) THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE j RULES OF PROCEDURES OF THE CITY COUNCIL. TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD. FOR FUTHER INFORMATION, PLEASE CONTACT THE CITY RECORDER OR PLANNING DIRECTOR AT: 639-4171 CITY OF TIGARD - 12755 S.W. ASH - TIGARD, OREGON 97223 Corner of Ash & Burnham ! i its ii has wi S S ECT , f # 4 C ITS n� �i E STRE T S.M ,CABLE LN. •M ►LACE __._�_ _ .__ w . - � IN r �` B AD Y P j i 1 � � I ` rtOSE WOC N A 1 / • p SW BRADBURY t 0 a i i _ _ V CITY OF TIGARD, OREGON ORDINANCE No. 82- AN ORDINANCE ALLOWING A TEMPORARY USE PERMIT FOR SOUTHERN PACIFIC, AND DECLARING AN EMERGENCY. The City of Tigard ordains as follows: Section 1: The Tigard City Council deems it necessary to grant a temporary use permit, TU 12-82, to Southern Pacific to place a 24' x 60' mobile trailer for one year at 15200 SW 72nd Avenue (WCTM 2S1 12D lot 200) Kable Ave. Tracts lot 1. The trailer shall be utilized as a temporary office. Therefore, the Tigard City Council does hereby grant a temporary use permit as follows: "Southern Pacific may place a 24' x 60' mobile trailer at 15200 SW 72nd M Avenue for a period of one year expiring on Section 2: Inasmuch as it is necessary for the peace, health and safety of the people of the City of Tigard that this permit be made 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 approval by the Mayor. il members PASSED: By the City Council, by vote of all Connc ':. present, after being read two times by number and title only, this day of September, 1982. e x City Recorder, City of Tigard SIGNED: By the Mayor, this day of September, 1982. Mayor, City of Tigard (0387A) O �- September 22, 1982 HEMORA21DUM TO: City Council FROM: Planning Division 1 On September 20, 1982 the City Council approved a resolution to review the conditions attached to the Planning Commission approval of Phase I of Cambridge Square Subdivision. The conditions of approval are as follows: 1. The applicant shall apply for Preliminary Plan, General Plan and Subdivision approvals for Phase II of Cambridge Square at a later date. 2. The applicant shall submit sewer improvement plans, all street improvement plans, all water improvements plans and storm drainage improvement plans to the City Engineering Division to be approved prior to issuance of any Building Permits. 3. Full half-street improvements shall be made to S.W. 98th. These improvements shall be bonded for l00% of the estimated construction costs prior to issuance of any Building Permits. In addition, a bond shall be posted for 100% of the cost of water, sewer and storm drain improvements required to serve the site prior to issuance of any Building Permits. m. The on site street improvements shall be completed prior to the issuance of Occupancy Permits. S. No changes shall be made to approved plans without approval of the P appropriate City Department. 6. The 32' section of road off 98th Avenue shall be a public street. 7. A sidewalk shall be constructed on at least one side of the street and the cul-de-sac. In reviewing the conditions with staff, the Public Works Director indicated that public streets must be constructed to approved City standards which includes a SO foot right-of-way with sidewalks on both sides. Therefore, Condition #6 is not acceptable to staff. s e STAFF RECOMENDATION: e Staff recommends that the City Council review Condition #6 with input from the F Public Works Director. A determination should be made as to whether the streets in Cambridge Square should be public or private and what the 1. development standards should be. i AMR t CITY OF TIGARD, OREGON RESOLUTION NO. 82-1()l- 1 A RESOLUTION OF THE TIGARD CITY COUNCIL CALLING FOR REVIEW ON ITS OWN MOTION OF CONDITIONS ATTACHED TO SUBDIVISION 5-82 AND PLANNED DEVELOPMENT PD 2-82 CAMBRIDGE SQUARE. WHEREAS, a decision of the Planning Commission under TMC 18.84.050 (b) may be reviewed by the City Council on its own motion under TMC 18.84.250 (b) (2) ; and WHEREAS, the Planning Commission, after a public hearing, unanimously approved S5-82 and PD 2-82 on September 7, 1982; and WHEREAS, the Public Works Director has advised the City Council that public street must be constructed to approved City standards, the Tigard City Council in the interest of public safety and protecting the best interests of the city will review the proposal to insure traffic safety in the area; and WHEREAS, the City Council is providing this notice of review within fourteen (14) days of the final decision; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD as follows: t (a) That the City Council does hereby seek review of the conditions attached to the approval by the Planning Commission on S5-82 and PD 2-82 taken September 7, 1982. (b) That the City Council review will be confined to the record of the proceedings, will be limited to the grounds relied on in this Notice of Review, and will be the subject of written argument only, as provided by TMC 18.84.290 (b) . PASSED: This day of 1982, by the Council. of the City of Tigard. Mayor - City of Tigard ATTEST: C - City Recorder - City of Tigard The sketch bcl^w is made solely for the purpose of assisting in locating said premises and the Company assumes no liability for variations. if any, in dimensions and location ascertained by actual survey. Pioneer National Title Insurance Company A TICOR COMPANY c �5: Z (466 fL47) 34:�i<,,�°' •.>i.tt:+^.`+,yt-�. :i05 .•�,': ,=�. d?'''.-+8� o!: '4'Sb.. � i!<'-. � J �d w .(414.27) -- � 6 66il h 11 9'57'W 3 i 1900 n �.. 011 I ---•- 0 60 All O C uT O. _ - is " �• -�. N 0905ol 369. 92 C. 66 il • f J ) r ` N b4�S9 E r 418.3) ' 2'9-ib 2i5.!1 w • 2000 _ 2100 ' liz: .74 4 c. # n C.S 5924 �; 2 600 C C.S. 5335 2001 N 34Ac. ^ N v /.Of A 9 2 500 2204 1. r o I ?.00Ac. s ' � O _ 2403 G.S. 3493 2.27 Ac. . � s N 69051 E (430.3 ) - ' 6.fi6CA 2 300 n /.TSA r. N r� D D - f%i`�i. - :�� 'L:' n ':i..'' / './.:,..7.i 4'.i,%�� .. fy�„�n.y•.,.��r c v i .�::fif �x%z't�.v.�r' '.Y�rlY."i��,. ;�/.Cui//.f•..t;-. ' �Y�orci�.�€,`i-''%:sa•�s'�'✓i:cz:.sa�'�:�• ` �i.� ,�%'`;:� 1 \� 50!1TH LINE OF NORT/l 1)ALf 01 .,U1111 L HIIALIN SEE PA El P �c I ? Lkn nil D R A_F T MINUTES 5.5 PD 2-82 General Plan Review Cambridge Square NPO 1/2 S 5-82 Subdivision A request by Century 21 Homes, Inc. for a general plan review and approval_ of a six-lot subdivision on 0.58 acres as Phase I of Cambridge Square. PUBLIC HEARING OPENED (a) Associate Planner Elizabeth Newton brie'.1,,f discussed previous hearings before the Commission and presented staff recommendations for approval o; Phase i with conditions. (b) Neither the NPO nor CCI offered testimony. (c) The applicant 's presentation was made by Bob Miller, 5164 Golf Court, Salem, ???? (business connection unclear) . He expressed agreement with the staff report, and mentioned slight changes in the water system and storm drainage from what i.:; shown on their plana. (d) Public testimony: none. (e) Cross-examination and rebuttal: f * Dennis Russell, 120.20 SW 95,raised the question of traffic which uses 95th to Commerc=ial to get to downtown, rattier than going on Greenburg and through the si-nal at the highway. He asked whether a stop sign could be instal Led to slow traffic down, and if it would be possible to have a light at SW Commercial and Main Street. He was told how citizens can initiate such a request for traffic controls. * Commissioner Moen expressed "excitement" at the concept. He voiced his concern that there was no provision for sidewalks, and he felt this was a real safety hazard. David Oringdulph, on behalf of the developer explained the concept of 24-foot one-way streets, which they felt was adequate to take care of both automobile and pedestrian traffic. Commissioner Moen still felt there should be sidewalks on one side. * Commissioner Edin, .: raised the question of the ability of fire vehicles to get into the cul.-de-sac. This was declared to be not a k problem by staff. He expressed concern about fire vehicles getting around on the one-way street if vehicles were parked on both sides. This has been addressed by the staff and fire officials and is not ,Melt to be a problem. PUBLIC HEARING CLOSED 1 (f) COMMISSION DISCUSSION AND ACTION * Commissioner Owens questioned Commissioner Moen about his concerns for sidewalks in the light of existing developments that do not have sidewalks. Moen affirmed his conviction that particularly if there are any children in the subdivision, they must walk the streets to get anywhere if there are no sidewalks. This he considered unsafe. C f DRAFT - Page 2 k Commissioners Bonn, Christen and Owens had no further comments. d, Commissioner Speaker questioned staff whether approval of Phase I would commit the Commission to approval of the private road presently shown in Phase 11. Newton stated staff was stij_1 considering this, but no decision has been reached. it was esta.11ished the road into Phase I from 98th Avenue would be a public street, the cul-de-sac a private street . Commissioner Edir1 expressed considerable satisfaction with the concept. Commissioner ?? favored a sidewalk on one side. * Commissioner Moen MOVED approval of PD 2-82 General Plan Review and S 5-82 Subdivision of Cambridge Square. Phase I based on on discussions at this hearing and staff findings, with conditions 1 through 5 as stated in the staff report, and adding; Conditions -- { 6. That the 32 foot street into the subdivision from 98th Avenue be a public street; and 7. That sidewalks be placed on at least one side of the street and the cul-de-sac. The motion was seconded by Commissioner Speaker and was carried unanimously by Commissioners present. ys C4 OF T1 FA ( WASHINGTON COUNTY.OREGON NOTICE OF FINAL DECISION 1. The final decision was filed by: PLANNING COMMISSION Concerning PD2-82 S 5-82 on September 7, 1982 Case Number Date 2. Name of Owner: Century 21 Homes , Inc . f 3. Name of Applicant: Century 21 Homes , Inc. i Address 7412 S.W. Beaverton Hillsdale HwyGity Tigard State Oregon 4. Location of Property: Address 11820 & 11900 S.W. 98th Ave. Legal Description Wash. . Co.-Tax Map 1S1 35.CD lot 22.00 & 2300 5. Nature of Application: General Plan. Review and approval of a six lot subdivision on .58 acres . as Phase I of Cambridge Square 6. Action: F--j Approval as requested FX--X-1 Approval with conditions Denial 7. Notice: *Notice was published in the newspaper & was mailed to: L-1 x,-] The applicant & owners FT � I Owners of record within the required distance G X The affected Neighborhood Planning Organization QAffected governmental agencies *If there are questions regarding the names of the persons or agencies who received notice, this information is available at the Planning Department. ff 8. Final Decision: f The adopted findings of fact, decision, and statement of condition can be obtained from the Planning Director, City of Tigard, City Hall, 12755 SW Ash, P.O. Box 23397, Tigard, Oregon 97223. In the case of a decision on an application for a variance, the applicant must acknowledge this form and return it to the City of Tigard, Planning Director, before any building permits will be issued or engineering approval given. i Signature of Applicant or Applicant's Agent Date 22M9 WES 9. Appeal: An appealE:1 has been filed XX has not been f'i 1 ed. Note: Any party to the decision may appeal this decision. Please see the appeals procedure on the reverse side of this notice. 10. Questions: If you have any questions-, please call the Ci`cy of Tigard Planning Department, 639-4171. CONDITIONS: 1. The applicant shall apply for. Preliminary Plano General Plan and Subdivision approvals. for Phase II of Cambridge Square at a later date. 2. The applicant shall. submit sewer...improvement plans, all street improvement plans , all water improvements plans and storm drainage improvement plans to the City Engineering Division to be approved prior to issuance of any Building Permits. 3. Full half-street improvements shall be made to S.W. 98--h. These improvements shall be bonded for -100% of the estimated construction costs prior to issuance of any Building Permits. In addition, a bond shall be posted for 100% of. the cost of water, sewer and storm drain improvements required to servethe site prior to issuance of any Building Permits. 4 . The on site street improvements shall be completed prior to the issuance of Occupancy Permits. 5. No changes shall be made to approved plans without approval of the appropriate City Department. 6. The 32 ' section of road off 98th Ave. sh.all be a public street. 7 . A sidewalk shall be constructed on at least one side of the street and the cul-de-sac. AFFAMVIT OF MAILING STATE OF O}: i ) County of Washington ) Ss- city s.city of Tigard ) J_, Patricia: E. Martin, being first duly sworn, an oath despose and say: That I am a Secretary for the City of Tigard, Oregon. That I served notioe of hearing of the Tigard City Council. of which the attached is a copy (Marked Exhibit A) uporl each of the following named persons cn the 17 day of sent. 1982, by nailing to each of the at the address shown on the attached list (Marked Exhibit B) , said notice as hereto attached, desposited in the United States Mail on the '17th_ day of September • 1982, postage prepaid. 4 �. Subscribed and sworn to before me on the 17th day of September , 1982 4 f C )?UBS IC of OREGM i my C cnmission Expires: E I r f N O T I C E O F P U B L I C H E A R I N G — r 1 A NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT ITS MEETING ON MONDAY, 1982 AT 7 :30 PM , IN THE LECTURE ROOM OF FOWLER September 27 i 10865 S.W. Walnut, Tigard, Oregon, WILL CONSIDER THE JUNIOR HIGH SCHOOL, a FOLLOWING APPLICATION: C APPLICANT: Century 21 Homes Inc . OWNER: Same 7412 S.W. Beaverton Hillsdale Hwy. Portland, Oregon 97225 REQUEST- A review by the Tigard City Council upon its own motion limited to review of condiGeneraltionstPlan ed to the Cambridge Square Phase I , Commission approval by the Planning on Property is located at 11820 and 11900 S .W. 98th Ave. Washington County Tax Map 1S1 35CD lots 2200 & 2300. ± FILE NO. : PD 2-82 and S 5-82 Cambridge Square NPO # 2 (See Map on Reverse Side) THE PUBLIC HEARING ON THIS MATTER WILL E CONDUCTED IN ACCORDANCE WITH THE RULES OF PROCEDURES OF THE CITY`... TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD. ORDOR PLANNING FOR FUTHER INFORMATION, PLEASE CONTACT THE CITY C- TIGARD* OREGON DIRECTOR923 AT: 639 -4171 CITY OF TIGARD - 12755 S.W. ASH Corner of Ash & Burnham 1 L_ �.•al•� __ �lwCwlsti Y.�O Sl�'I CMCSr•i00O8 CS /1/it�Y AYO JST C! .. L ST. r'o rAA[nAV I _� Sr ALDEN C ^� ST 1 .•__�C�((� (tiro s L iY- O • r ( OOOMIN S CV o l[ r ON u' LN � CNS warON WOOD LE But SIX t J/��_•• LIR 1 / t1�.I t1 41 IllR ONCIro, 11 j 'Sit 1• •• wOAV 1 1. d �{• �4r. F -V.* ILCwtMtR �T a A+t L•- 3 ♦' ••T�4�4 •' Sr. Y TLOR. > ROAD •LY ♦ 2A SOYAR •• a aMt ue RCR[lT ST. 4X Gwelyki, r �` >i LW {OROERit• lT• DARBARA SW Aa O LAN 2 +! �SL rLMIf•r r'4• 11[i1lDG� fT.--� i (�: ,. ° M Ii. T11• v[aTuw .. V[Niu as as / 11.i— G > f , •�-----� u+ s ai 1 S.W. t _ ,J T•� SLR'• i,G Sr• !OCJ .:FJ •-['1 e f �.•� f 1 N V(^ �O v YAIL[_ ♦ i YLL� • ._� f.r. ( �'1• WfL[L[A/ •• J ne C •c^y+ +�O «__. z a �1! o x ;��''❑�1L� 1 r_I 1 rS Er O♦K ST OAK EL !lI 1 I.W. ••�!;,'� fT. ►IM[ ET Nt t ••I.4r � •L�L \ `..... ( Sr •_ J LaMyCtA 1.__.... {T f; AY[ ~p,` \ +• 4 aLV4 �_.'/S ` � a _ S.W.TYORY/SL - _ r j .• /3 LOKma a fxT_E'E •� a ••E•'� a �i ae ( YT) S T) R E o a .ORPV' '1•K0T4 a sr Rr O♦K� Er. - 'y w`_ �,•,/•^� ._ _ .,..�... s M 117 Z " e It SAL IfA1fL[ fT. Q w a i Li J LAN KA1 [ AyE S.w. TIGARD fT w : -_ / •TLANTA { S.W. a F • r A{ T 1 ltv.l I' r, : •� -Cw16 r..TL i w L } E.W. �I! t i ,k �L fM ITaYCE •I w Y Dul L {T. X11 411l EL EL C'� •a j Ir LLINTO fTl 4 ST. t 1 I a• 'IT Rrww LII t • �•� fN r RAN CT. r At rl► t N' S.W.i t I '1 cI.YNUS�!IESi• - a°L1 �� y .••� 4k rr V c4`: S.W � r ��•J 1 `i i t [ • «; \\�I7_ rr A v '1a+ +•(y +Pt• N[�OIO W4Y Q :IQi irr -< + �1 M •� � r Q S OtO � 1�.�� fRAMKUN n � S+ OC/ �, .$ / ••�i C.W. ST. 1 1 i ;1j�1 s:T—'oeilmT—'iPY: . ' •� �8 ♦ +!t L '1 1.�!1 �1 �i ♦ J L K C• J ~f• [ i NAN7TON l iWAT 946 . 1 IST ly r QA KT• �ti F L O � OERR Oft z � � +! + � ♦r 07 ! •�'•► s [r;`�+•a S � ^`\ � R Nca 4 Er. VARY[ ST. E Lr, f•R' T + t yt ~O • t Q 1i ; a1R •• � } I• O / y '�a 1,L��`gg� O. COOK * N4 �(. <I fM_•iT O 9 ^(J Ca w i i LY. ;: O/i• P d• N •► • po C`w�,+� ST.t••�1 ;'f °T fT. M y~ C [• T•+�. Sir. Ot1AR♦ a,t M —f ul Low I �/� f.w j CNERRT 1 f w. LiLiC (•` •a fA ', �S'Y f;K 4~ f.r [OOEW000 ST. N l w LS' / 1 t•Nos Re wQl� tl ST. A f3f Lt• o N0.LSNEW IIT. b•I 1 IUIK►L. •' 1 + 4 '"4 � 4 Yt OON♦LO / TT 5 T l `\.+ / ••- O ON T CREEK CT • �• CT. Q twlL• r S t M. t Et /ANMD C - -------- �.Pd@ - no MOV M Q.ar..rsa - a - r t i AGENDA ITEM 5.5 STAFF REPORT AGENDA ITEM 5.5 September 7, 1982 - 7:30 P.M. FOWLER JUNIOR HIGH SCHOOL 10855 S.W. Walnut, Tigard, Oregon August 27, 1982 A. FACTS: 1. GENERAL INFORMATION s s CASE: PD 2-82 General Plan Review Cambridge Square NPO 2 S 5-82 Subdivision REQUEST: A request by Century 21 Homes, Inc. for a general plan review and approval of a six lot subdivision on .58 acres as Phase I of Cambridge Square. s RECOMMENDATION: Based on staff's analysis and information supplied by the applicant, staff recommends the Planning Commission approve the proposal as submitted for Phase I. General Plan Review and Subdivision approval for Phase II to be granted at a later date. 3 APPLICANT: Century 21 Homes, Inc. OWNER: Same 7412 S.W. Beaverton Hillsdale Hwy. 5-112 Portland, Oregon 97225 LOCATION: 11820 & 11900 S.W. 98th Avenue (Wash. Co. Tax Map 1S1 35CD lot 2200 & 2300). NPO # 2 E LOT AREA: Phase I lot area .58 acres. i COMPREHENSIVE PLAN DESIGNATION: High Density Residential PRESENT ZONING DESIGNATION: A-20 Multi-Family NPO COMMENT: NPO # 2 is currently inactive and was not able to comment on this matter. 2. BACKGROUND On May 19, 1980, the Tigard City Council approved a Comprehensive Plan Revision from R-7 Single Family Residential to A-20 PD "Multi-Family Planned Development" for the subject property. On July 20, 1980, the Tigard Planning Commission approved the Preliminary Plan for Phase I with conditions and gave tentative approval to the concept of cottage housing in an A-20 zone. f m STAFF REPORT PD 2-82 & S 5-82 Page 2 3. VICINITY INFORMATION The surrounding land uses are as follows: o The land to the north is developed as single family residential. o The subject site is bordered on the south by the Southern Pacific Railroad. . o The area to the east is zoned as single family residential. o The area to the west is vacant and zoned for single family residential. 4. SITE INFORMATION Presently, a portion of a garage structure lies within the Phase I limits which will be removed. The site slopes to the south and is grass covered with some pine and oak trees. S. APPLICABLE PLANNING GOALS: 1. LCDC STATEWIDE PLANNING GOALS a. Citizen Involvement: Goal # 1 - The purpose of this goal is to ensure {. the opportunity for citizens to be involved in all phases of the planning process. Notices were sent to all property owners of record within 250 feet of the site. A public notice was published in the Tigard Times on August 26, 1982. r b. Land Use: Goal # 2 - All applicable LCDC Goals and Guidelines, NPO # 2 policies and Tigard Municipal Code sections were considered in review of this appl_cation. C. Recreational Needs: Goal # 8 - The intent of the goal is to provide for the recreational needs of the citizens of the community. The applicant has not proposed any community recreation areas or facilities for the project. d. Housing: Goal # 10 - The intent of this goal is to provide for the housing needs of the citizens of the state. The type of housing proposed on this site is unique in that the units will be detached units in a multi-family zone. The lot sizes proposed will range from 2,423 sq. ft. to 4,297 sq. ft.. This type of housing will allow individuals to purchase a detached unit on a smaller lot at less cost than a typical detached unit on a larger lot. e. Public Facilities: Goal # 11 - The intent of this goal is to ensure that public facilities including water and sewer are adequate. There is an 810 sewer line in S.W. 98th. Water is available from a 6" line in S.W. 98th. The plans submitted do not adequately address site drainage. In addition, five hydrant locations are not shown on the plans submitted. all STAFF REPORT PD 2-82 & S 5-82 Page 3 f. Transportation: Goal # 12 - The intent of this goal is to provide a safe, convenient and economic transportation system. The site would be accessible via 98th. Staff will require the developer to extend Commercial Street in front of the site to connect 98th Street to 95th Street to allow for better traffic circulation in the area at a later date. Half street improvements will be required on S.W. 98th. In addition, all streets within the Phase I limits shall be improved as required by the Engineering Division prior to issuance of Building Permits. 2. NPO # 2 POLICIES POLICY 9. Urban medium density residential areas will be developed with paved streets, curbs and gutters, and walkways, according to City or County standards. All utilities will be placed underground. POLICY 10. Development will coincide with the provision of public streets, water and sewerage facilities. These facilities shall be (a) capable of adequately serving all intervening properties as well as the proposed development; and (b) designed to meet City or County standards. POLICY 11. Planned Unit Development will be encouraged on tracts large enough to accomodate ten or more dwellings. Planned Unit Development will permit a degree of flexibility in design that will f enable a high quality of development in accordance with zoning standards. POLICY 12. Site plans will provide for adequate open space to (a) protect adjacent properties; and (b) provide ample yard space for residents and play space for youngsters. POLICY 13. High design standards will be established for signing and appearance, including the landscaping of setback areas and the designation of access points. The applicant's development will average nine (9) units per acre. Staff will require that the site improvements are constructed to City standards. 3. TIGARD MUNICIPAL CODE Section 18.56.030 addresses General Plan Review as follows: 18.56.030 General development plan and report. (a) Upon receipt of an application for a general plan and report review, the payment of the appropriate fee, and the submission of all appropriate supporting documents, the Planning Director shall initiate a review of the general plan and report. Particular attention shall be paid to the issues developed as a result of the preliminary development plan. and report review. If significant differences arise, the Planning Director may schedule study sessions with the Planning Commission and the applicant to resolve the issues prior to a public hearing. Thereafter, if the Planning Director or Planning Commission agree, the applicant shall proceed to a general plan hearing. t C STAFF REPORT i' PD 2-82 & S 5-82 i Page 4 (b) The general develGgment plan and report shall consist of final plans showing the project as it will be constructed. All material which accompanied the preliminary develol.__ent plan and report shall be updated to reflect the conditions, concerns, and changes brought about by the preliminary { review approval. All deviations or variances from the standards prescribed by this title and in particular, in specific terms, all deviations or variances from the standards and specifications and requirements of Title 17 of this code, which are being proposed to be varied from, shall be addressed in writing with a showing that the public health, safety and welfare will be best served by such proposal. t 17.16.100 Tentative approval. (a) Within sixty days of the date of submission of the preliminary plat, the Planning Commission will review s the plan reports of the agencies listed in Section 17.16.090 and may give tentative approval of the preliminary plat as submitted or may modify the t plat or, if disapproved, shall express the Planning Commission's disapproval and reasons therefor. r (b) No tentative plan for a proposed subdivision and no tentative plan for a major partition shall be approved unless: ( (1) Streets and roads are laid out so as to conform to the plats of subdivisions or maps of major partition already approved for adjoining property as to -width, general direction and in all other respects, ! unless the City determines it to be in the public interest to modify the street or road pattern. '. (2) Streets and road held for private use are clearly indicated on the tentative plan and all reservations or restrictions relating to such private roads -id streets are set forth thereon. (3) The tentative plan complies with the Comprehensive Plan and applicable zoning regulations of the City then in effect. (4) No tentative plat of a subdivision or map of a major partition shall be approved unless there will exist adquate quantity and quality of water and adequate sewage disposal system to support the proposed use of the land described in the proposed plat. i 4. STAFF RECOMIENDATION Staff recommends approval of the General Plan and Subdivision for Phase I only of Cambridge Square based on findings as follows: t 1 1. The proposal conforms to all applicable LCDC goals and NPO # 2 polices. t 2. The proposal meets all applicable Tigard Municipal Code Requirements for Subdivision approval. Staff further recommends the following conditions be attached to approval: t C 1 i f ti ffm ARM f STAFF REPORT E PD 2-82 & S 5-82 s PAGE 5 L F t 1. The applicant shall apply for Preliminary Plan, General Plan and € Subdivision approvals for Phase ii of Cambridge Square at a later date. 2. The applicant shall submit sewer improvement plans, all street improvement plans, all water improvement plans and storm drainage improvement plans to the City Engineering Division to be approved prior to issuance of any s Building Permits. 3. Full half street improvements shall be made to S.W. 98th. These improvements shall be bonded for 100% of the estimated construction costs prior to issuance of any Building Permits. In addition, a bond shall be posted for 100% of the cost of water, sewer and storm drain improvements required to serve the site prior to issuance of any Building Permits. 4. The on site street improvements shall be completed prior to the issuance of Occupancy Permits. 5. No changes shall be made to approved plans without approval of the appropriate City Department. t ` PRE D BY:. Eliza e h A. Newton APPROVED BY: William A. Monahan Associate Planner Director of Planning & Development t STAFF REPORT AGENDA ITEM 5.3 TIGARD, PLANNING COMMISSION July 20, 1982 - 7:30 P.M. Fowler Junior High School 10865 S.W. Walnut, Tigard, Oregon July 15, 1982 A. FACTS: 1. General Information Case: PD 2-82 Preliminary Plan Review NPO # 2 Request: A request by Century 21 Homes, Inc. , for a preliminary and general plan review to allow construction of 39 single family detached units on 3.75 acres on property designated Urban High Density (A-20) on the City's Comprehensive Plan Map. The property is located at 11820 and 11900 S.W. 98th Ave. (WCTM 1S1 35CD, Lots 2200 & 2300) Recommendation: Based on staff's analysis and information supplied by the applicant, staff recommends the Planring Commission deny the proposal as submitted and request the applicant submit a revised site plan. Applicant: Century 21 Homes, Inc. 7412 S.W. Beaverton Hillsdale Hwy. S-112 Portland, Oregon 97225 Owner: Same Location: 11820 & 11900 " W. 98th Avenue (WCTM `1S1 35CD lot 2200 & 2300) Lot Area: 3.75 acres Comprehensive Plan Designation: High Density Residential Present Zoning Designation: A-20 Multi-Family NPO Comment: NPO # 2 is currently inactive and was not able to comment on this matter. Public Notices Mailed: 16 notices were mailed. No comments have been received at the writing of this report. 2. Background On May 19, 1980, the Tigard City Council approved a Comprehensive Plan Revision from R-7 Single Family Residential to A-20 PD "Multi-Family Planned Development" for the subject property. Aa i STAFF REPORT PD 2-82 Page 2 3. Vicinity Information The surrounding land uses are as follows: • The land to the north is developed as single family residential. e The subject site is bordered on the south by the Southern Pacific Railroad. ® The area to the east is zoned as single family residential. The area to the west is vacant and zoned for single family residential. 4. Site Information Presently, there is a garage structure on the site which will be removed. The site slopes to the south and is grass covered with some pine and oak trees. B. APPLICABLE PLANNING GOALS: 1. LCDC Statewide Planning Goals. a. Citizen Involvement: Goal # 1 - the intent of this goal is to insure the opportunity for citizens to be involved in all phases of the planning process. Notices were sent to all property owners of record within 250 feet of the site. A public notice was published in the Oregonian on July 9, 1982- b. Land Use: Goal # 2 - All applicable LCDC Goals and Guideline, NPO # 2 policies and Tigard Municipal Code sections were considered in review of this application. C. Recreational Needs: Goal # 8 - The intent of the goal is to provide for the recreational needs of the citizens of the community. The applicant has not proposed any community recreation areas or facilities for the project. d. Housing: Goal # 10 - The intent of this goal is to provide for the housing needs of the citizens of the state. The type of housing proposed on this site is unique in that the units will be detached units in a multi-family zone. The lot sizes proposed will range from 2,162 sq. ft. to 4,537 sq. ft. . This type of housing will allow individuals to purchase a detached unit on a smaller lot at less cost than a typical detached unit on a larger lot. e. Public Facilities: Goal 4# 11 - The intent of this goal is to insure that public facilities including water and sewer are adequate. There is an 8" sewer line in S.W. 98th. Water is available. i r E STAFF REPORT PD 2-82 Page 3 f. Transportation: Goal # 12 - The intent of this goal is to provide a safe, convenient and economic transportation system. The site would be accessible via 98th and an extension of the existing S.W. Commercial Street. Staff would require the developer to extend Commercial Street in front of the site to connect 98th Street to 95th Street to allow for better traffic circulation in the area. Full street improvements will be required on S.W. Commercial in front of the site with a twenty foot wide travel lane to S.W. 95th and half street improvements will be required on S.W. 98th. Staff is concerned with the interior circulation pattern shown on the plan submitted by the applicant. 2. NPO # 2 Policies POLICY 9. Urban medium density residential areas will be developed with paved streets, curbs and gutters, and walkways, according to City or county standards. All utilities will be placed underground. POLICY 10. Development will coincide with the provision of public streets, water and sewerage facilities. These facilities shall be (a) capable of adequately serving all intervening properties as well E` as the proposed development; and (b) designed to meet City or county standards. POLICY ll. Planned unit development will be encouraged on tracts large enough to accomodate ten or more dwellings. Planned unit t development will permit a degree of flexibility in design that will enable a high quality of development in accordance with zoning standards. POLICY 12. Site plans will provide for adequate open space to (a) protect adjacent properties; and (b) provide ample yard space for residents and play space for youngsters. POLICY 13. High design standards will be established for signing and appearance, including the landscaping of setback areas and the designation of access points. The applicant's development will average 9 units per acre. Staff will require that the site improvements are constructed to City standards. The applicant has not made adequate provisions for recreational open space for the residents. Although each unit has an individual yard, the amount of land available for each unit is too small to be used for recreational activities. Perhaps a large common area would better serve the residents. 3. Tigard Municipal Code Section 18.56.015 addresses preliminary plan report preparation and submittal. The applicant has not submitted all of the information required in this section for approval. Specifically, the applicant has not addressed parking, site drainage or recreation in enough detail to allow staff to adequately review this proposal. Some of the drive- ways in the proposal are not long enough to accomodate even one car, STAFF REPORT PD 2-82 Page 4 none of the drives are wide enough to accomodate two cars side by side. t The applicant has not proposed storm retention ponds. It is doubtful ific would allow the ditch between the railroad tracks and that Southern Pac Commercial Street to be used for storm water retention. thelapplican_ loop street system concerns staff for two reasons. First, is proposing the 24' street ti private which wthe turning radius arenot enable the noti to enforce no parking regulations. Secondly, wide enough to accomodate large emergency and service vehicles. 4. Staff Analysis Staff is very concerned with the circulation pattern proposed for this r site. The curve radius on the 24 foot private street are not wide ncy or service vehicles. The applicant enough to accomodate emerge proposes the street be private withannotno aenforcenthetnorparking require- the streets are private, the City I ments. Staff has reviewed this proposal with Joe Gruelich of the Tualatin Rural Fire Protection District. Mr. Gruelich indicated that the fire vehicles would have difficulty in accessing residents on the loop street. is site may be better served with a loop Staff would propose that th `r street connection Commercial to 98th with cul-de-sacs off the loop street. S The major loop street should be at least 32' wide. The planned development designation might allow the cul-de-sacs to be narrower than the City s standard of 32 feet. In addition, staff would like the applicant to further address site drainage and recreation. i C. CONCLUSION: j Staff recommends the Planning Commission deny the preliminary plan as proposed and request that applicant submit a revised siteplan. i 4 Pre ed by: liz A. Newton Approved b ranPlanning Currie g Director Associate Planner F. t • t f{ I REPORT AGENDA !TEM 5.1 TIGARD PLA14NING COMMISSION July 6, 1982 - 7:30 P.M. Fowler Junior High School 10865 SW Walnut, Tigard, Oregon June 29, 1982 A. FACTS: I. General Information Case: PD 2-82 Preliminary Plan Review NPO #2 Request: A request by Century 21 Homes, Inc. , for a preliminary and general plan review to allow construction of 39 single family detached units on 3.75 acres on property designated Urban High Denisty (A-20) on the City's Comprehensive Plan Map. The property is located at 11820 and 11900 SW 98th Avenue (Washington County Tax Map 1S1 35CD, Lots 2200 & 2300). Recommendation: Based on staff's analysis and information supplied by the applicant, staff recommends the Planning Commission deny ---the proposal as submitted and request the applicant submit a revised site plan. Applicant: Century 21 Homes, Inc. Suite 112, 7412 Beaverton Hillsdale Hwy. Portland, Oregon 97225 Owner: same Location: 11820 & 11900 SW 98th Aver_ne (Wash. Co. Tax Map 1S1 35CD Tax lots 2200 & 2300) Lot Area: 3.75 acres Comprehensive Plan Designation: High Density Residential Present Zoning Designation: A-20 (Multi-Family) NPO Comment: NPO 42 is currently inactive and was not able to comment on this matter. Public Notices Mailed: 16 notices were mailed. No comments have been received at the writing of this report. 2. Background On May 19, 1980, the Tigard City Council approved a Comprehensive Plan Revision from R-7 Single Family Residential to A-20 PD "Multi Family Planned Development" for the subject property. STAFF REPORT PD 2-82 Page 2 3. Vicinity Information The surrounding land uses are as follows: • The land to the north is developed as single family residential. • The subject site is bordered on the south by the Southern Pacific Railroad. ® The area to the east is zoned as single family residential. e The area to the west is vacant and zoned for single family residential. 4. Site Information Presently, there is a garage structure on the site which will be removed. The site slopes to the south and is grass covered with some pine and oak trees. . b. APPLICABLE PLANNING GOALS: 1. LCDC Statewide Planning Goals. a. Citizen Involvement: - Goal #1 - The - intent of this goal is to insure the opportunity for citizens to be involved in all phases of the planning process. Notices were sent to all property owners of record within 250 feet of the site. A public notice was published in the Tigard Times on June 26, 1982. b. Land .. -e: Goal #2 - All applicable LCDC Goals and Guidelines, NPO #2 policies and Tigard Municipal Code sections were considered in review of- this application. C. Recretional Needs: Goal #8 - The intent of this goal is to provide for the recreational needs of the citizens of the community. The applicant has not proposed any community recreation areas or facilities for the project. d. Housing: Goal #10 - The intent of this goal is to provide for the housing needs of the citizens of the state. The type of housing proposed on this site is unique in that the units will be detached units in a multi-family zone. The lot sizes proposed will range from 2,162 sq. ft. to 4,537 sq. ft. . This type of housing will allow individuals to purchase a detached unit on a smaller lot at less cost �. than a typical detached unit on a larger lot. e. Public Facilities: Goal #11 - The intent of this goal is to insure that public facilities including water and sewer are adequate. There is an 8" sewer line in SW 98th. Water is available. F i r .STAFF REPORT i" VD 2-82 Page 3 f. Transportation: Coal #12 - The intent of this goal is to provide a safe, convenient and economic transportation system. The site would be accessible via 98th and an extension of the existing SW would require the developer to extend Commercial Street. Staff Commercial Street in front of the site to connect to 98th Street to circulation in the area. Full street allow for better traffic 4 improvements will be required on SW Commercial and half street th improvements will be required on SW 98 on. thetaff plana submittedebywith the the lack of interior circulation shown applicant. 3 2. NPO #2 Policies be POLICY 9. Urban medium denisty residential areas will accordingopto with paved streets, curbs and gutters, and walkways, City or county standards. All utilities will be placed underground. POLICY 10. Development will coincide with the provision of public streets, water and sewerage facilities. These facilities shall be (a) capable of adequately serving all intervening properties as well as the proposed development; and (b) designed to meet City or county rr standards. l . POLICY Zi. Planned unit development will be encouraged on tracts large enough to accomodate ten or more dwellings. Planned unit t development will permit a degree of flexibility in design that will enable a higher quality of development in accordance with zoning standards. POLICY 12. Site plans will provide for provide adequate amp "Iyardspace space for protect adjacent properties; and (b) p residents and play space for youngsters. and POLICY 13. High design standards will be f established setback area ssigning the appearance, including the landscaping o designation of access points. The applicant's development will average 9 units per acre. Staff will require that the site improvements are constructed to City standards. The applicant has not made adequate provisions for recreational open space for the residents• Although each unit has an individual yard, the amount of land available for each unit is too small to be used for recreational activities. Perhaps a large common area would better serve the residents. 3. Tigard Municipal Code Section 18.56.015 addresses preliminary plan report preparation and submittal. The applicant has not submitted all of the informicant required in this section for approval. Specifically, the app has not addressed parking, site drainage or recreation in enough review In detail to allow staffto Proposed fortely hisdevelopme it areopwell •below addition, the street pro p the required 30' minimum required by the Tigard Municipal Code (Ref. wiao a w Q i i sm r STAFF REPORT PD 2-82 Page 4 Section 18.64.020). Although the Planned Development allows some flexibility, at least 24' street width is necessary to accomodate emergency vehicles. The applicant is -proposing some 18' wide streets. t 4. Staff Analysis t i Staff is very concerned with the circulation pattern proposed for this site. The streets proposed are not wide enough to accomodate ; emergency or service vehicles, or backing or maneuvering of resident's automobiles. The applicant proposes the streets be private with no parking on either side. If the streets are private, the City cannot enforce the no parking requirement. Staff has reviewed this proposal with Joe Gruelich of the Tualatin Rural Fire Protection District. Mr. Gruelich indicated that the fire vehicles would not be able to access this site. Staff would propose that this site may be better served with a loop street connecting Commercial to k 98th with cul-de-sacs off the loop street. Streets should be at Least 24° wide whether public or private. However, a 24' wide street f- will not accomodate parking on either side so provisions would have fi to be made for off street parking. f In addition, staff would like the applicant to address site drainage and recreation. ' C. CONCLUSION Staff recommends the Planning Commission deny the preliminary plan as proposed and request the applicant submit a revised site plan. s S Prepared by: WM6�W_l LL Reviewed by:eth A. ewton eremy M. Coursolle Associate Planner Associate Planner i t NARRATIVE G-1 The nature of this proposal is a request for concept plan approval of a planned unit development and is necessary to protect a unique area of especially desirable trees. G-2 The proposed use is in conformance with Tigard's Adopted Comprehensive plan as it calls for higher density residential development and assures that natural features of the land are preserved G-3 The public benefit derived frau this proposed use is to preserve many healthy, well-developed trees which would be destroyed with conventional higher density residential attached structures. G-4 The proposed single-family detached cottage-type structures would maintain the established S.W. 98th Avenue community style as now developed. G-5 The proposed location for this land use is specifically suited to this site because of the many desirable trees. No other known location is comparable because of the size of the site and the restrictions due to the trees. G-6 The impact on adjacent homes will be very beneficial as it will maintain the single family character of the area, thus maintaining property values and lessening the impact of larger traffic volumes on this dead-end street. G-7 Public services now exist to the property and no extensions ofi,water or sewer pipelines will be required to the site. Street, water and sewer improvements will be accomplished with this development. A potential police and fire hazard will be removed when the abandoned structures on the site are tarn down. in addition, some of the undergrowth near the railroad tracks will be removed, thus making the immediate neighborhood a little more safe. A-1 Tax map number - 1Sl 35 CD Tax Lot numbers 2200 & 2300 Address - 11820 & 11900 S.W. 98th Avenue A-2 Zoning - A-20 (PD) Plan Designation - Urban High Density Land Use - Vacant A-3 Name of Development CAMBRIDGE SQUARE Owner and Developer - Century 23, Homes, Inc. Suite 112, 7412 Beaverton- Hillsdale Highway, Portland, Oregon 97225 Phone 297-1493 A-4 Number of Buildings - 39 Total square feet per building proposed 10 units @ 952 SF = 9520 SF 16 units @ 720 SF = 11520 SF 13 units @ 64o SF = 8320 SF Total 29360 SF / Ttl Site = 163350 SF Percent land coverage by buildings, to total site = 17 .974% E r s 'r A-5 Number of parking spaces required - 78 Number'of parking spaces proposed - 100+ Number of compact spaces proposed - 0 Number of handicapped spaces proposed - 0 A-6 Total square footage of landscaped areas as a percentage of the total site area - 51 -25% (83,?1? SF Landscaping) A-7 A breakdown of sensitive land areas by percentage to total site area. Greenways - 0 ' Floodpl.ains - 0 Drainageways - 0 Steep Slopes - 0 Total land to be dedicated to the City: 98th Ave - 10 ft by 283 ft avg = 2830 Sq ft. Commercial St - 60 ft by 242 ft avg = 14520 Sq ft. F Total dedication - 17350 Sq ft. k A-8 Total square footage of all public improvements as percentage of total site Street dedications 17350 SF = 10.6% Utility easements, estimated 15000 SF = 9.2% 1=i�Parks or recreational areas - none ( C-1 The proposed land use in relationship to the comprehensive plan and surrounding area is higher density as recommended by the comprehensive plan but conforms to the single family nature of the adjacent properties and therefore maintains the existing character of the neighborhood. C-2 The density of the net development is as follows: Gross Area 163,350 SF Less Street Dedications 17,350 SF t Less Utility Easements 15,000 SF estimated Net Developed Area = 131,000 SF dividedc� b 2178 SF allowable = 60+ units Net actual lot area = 111 ,03? SF/21�8 SF allowable = 51 units C-3 No on-site recreational or open space areas are proposed. Woodard Park lies approximately 850 ft to the Southwest and is expected to receive mininal useage by residents of this development due to the railroad tracks and no direct vehicular access between the two. C-4 There are no sensitive areas such as floodplain or drainage areas on or crossing this site. No advexse. effect is anticipated by this development. Storm drainage will flow into the existing drainage next to the railroad tracks i.mviediately to the South. C-5 Traffic patterns will be North on 98th to Greenburg Road (1200 ft) . A portion of Commercial Street will be clone with this project and will �t eve=ntually connect thru to the existing Commercial Street North off of i Main. f 1 Rill r 'r f rt r er i t C-6 Proposed ownership is single family on individual lots with ccumn ownership of streets. By contract of sale, individual owners will have rights to, and responsibilities for, all street areas within the project boundaries. C-7 This proposed development has been presented to Mr. Santee of Tigard Water District for coordination with the Fire Department. A letter of water availability is attached and Mr. Santee assures us that he will coordinate the construction of the water system so that adequate fire protection is assured . C-8 This development has been reviewed by Tigard school district and no conditions have been placed on this development by the district. C-9 This site does not include more than 500 parking spaces and a DEQ permit is not required. C-10 Deviations from City of Tigard standards are Limited to the desire to site unattached single family units separately and the site size being less than 4 acres. The Planned Unit Development approach is the correct vehicle for handling both deviations. The public will be better served by the use of individually sited cottages on this site as it will allow the developer to save the majority of the trees on this site. This, in turn, will not only retain the visual beauty of this ...-.unique environment and the surrounding area but will allow the trees to continue to serve-as a wind screen to the area, retaining a factor of safety to the local residents. �An additional deviation to i the standards for this zone would be the setbacks proposed and shown on the plans . For individual lot ownership and to retain flexibility in the siting of the homes in the trees, .we believe that the public would be served best by the allowances shown. i i f CITY OF TIGARD PLANNING DEPARTMENT SCHOOL IMPACT STATEMENT FOR RESIDENTIAL DEVELOPMENTS OF 4 UNITS OR MORE ,Since'one aspect of development impact relates to schools,.: the following information must'•be completed,. and this sheet submitted to the Planning Department-with the '. effected:application... Please call 639-4171 if there. are any questions. THE FOLLOWING IsTO. BE COMPLETED BY THE. DEVELOPER ' Name of person or firm developing the.property Century`21 Homes . Person to contact Herb Book Phone number 29?-1493 Mailing addtcss 7412 Beaverton Hillsdale Hazy„ Portland, OR 97225 - Legal description of property being proposed for development (map number and tax lot(s) number Lots 1 & 2, Greenburg Heights Addition - In order to -expedite responses from the school district involved, please inidcate a general vicinity description of the property being proposed for development. s r S.W. 98th south of Greenburg Road Does the proposed development require a: (please check appropriate box) Plan Amendment Zone Change Subdivision XX Variance Conditional Use Permit - Total number of dwelling units being proposed 40 Page 2 - Type of units being proposed: Single Family. Number of Units 4o Duplex Number of Units Multiplex. Number of Units Multifamily Number of Units How many bedrooms in each unit: Single Family 28 - 2 BR; 12 3 BR Duplex multiplex Multiple Family How many acres are involved in this proposal 3.75 When is construction likely to begin: year 1982 month August Is the development to be completed in phases? Yes If so, how many and over what time period 1982 6. 1983 - 34. When is the last unit scheduled to be completed: year _9aa- month Sept. II. SUBMIT THE COMPLETED FORM To- THE BUSINESS OFFICE OF-THE SCHOOL DISTRICT IN WHICH THE SITE BEING PROPOSED FOR DEVELOPMENT IS LOCATED III. THE FOLLOWING IS TO BE COMPLETED BY APPROPRIATE SCHOOL DISTRICT OFFICIAL SCHOOL NAME. EXISTING ENR. EST. CAPACITY Elementary Phil-Lewis 408 441 Fowler Junior High 752 1000 Inte rme di ate g High Tigard Senior-High 1215 1450 Additional Comments: Phil Lewis enrollment includes two kindergarten groups from other schools. No anticipated significant enrollment impact from the proposed development. Information provided by: -,-ti _�� Telephone No. 62f_36W Date : May 25, 1982 IV. RETURN TO DEVELOPER FOR SUBMISSION WITH APPLICATION (Name & address on page 1) r TIGARD WATER DISTRICT 9849 a. w. COMMERCIAL ST. TIGARD, OREGON 97223 PHONE (503) 639-1554 From: To: City of Tigard - Planning Commission 12755 SW Ash,. P.O. Box 23397 Tigard, Oregon 97223 Subject: Water Availability The Tigard Water District can provide the minimum State of Oregon water service requirements: it is the policy of the Tigard Water District to serve water to any property within the district boundary; property owners pay the pipe, construction, and meter costs. The district buys most of its water from the City of Lake Oswego (Clackamas River) and its availability to supply is subject to a mutual agreement. Water is available for each lot at the lot line of A P1 nred Uni t Development proposed for Lots 1&2 Greenburd Heights Addition at the time of sale or lease of each lot in quantity and quality' for domestic use as determined by the Health Division of the Department of Human Resources. Owner-applicant Century 21 Homes, Inc. Description 39 Unit PD East of 98th Ave, fronting 98th• South f rg also fronting the KRailroad tracks on the South Robert E. Santee, Administrator/Engineer TIGARD WATER DISTRICT BMW N t ' THE P.U. Box 3407 5 , a.le�-Ure on 97302 555-5211 CORPORATION F July 9, 1982 k Tigard Planning Commission 12755 S.W. Ash s P.C. Box 23397 Tigard, Oregon 97223 Attn: Elizabeth A. Newton, Associate Planner Attached please find 13 copies of the revised plans for Cambridge Square. These plans show the revised traffic pattern and street s, widths as discussed with staff. Also please accept this as confirmation of a request by Mr. David Oringdulph, President of Century 21 Properties for inclusion of Commercial Street in a Local Improvement District. Agreement will be made for restrictions that will prohibit remonstrance so that construction of the portion of Commercial Street that abuts this project could be held until Commercial Street can be put through to 95th. As was discussed on July 7th. This will allow the creation of a landscaped buffer strip along Commercial to replace the tress that will necessarily have to be cut down. In the case of a deferred project, it will mean that the asphalt will not deteriorate due to nonuse and will therefore save the City of Tigard maintenance dollars. The right-of Bray dedicated to the City can also serve as open space for use by the immediate neighborhood until 'the construction actually takes place. Respectfully submitted, '1441.e Robert N. Miller. P.E. } E 4 Y m m. THRIM UHL HU PROTtC i I0 � DIS �� IC � P.O. BOX 127® a TUALATIN, OREGON 97062 a PHONE 682-2601 CAMBRIDGE SQUARE JUN 24, 1962 2 SW COMMERCIAL ST TIGARD 1360— 1 SITE-006-000 Dear .Fran k Currie, This letter is to notify you that a Site Plan Review has been conducted for Cambridge Square P. U. U. , in accordance with Uniform Fire Code Article 10 to establish required fire flow, hydrant location and street access for fire apparatus. All streets to conform to City street standards of 32 feet of paving ( or ) 2£3 feet of paving "NO PARKING ONE SIDE" signed and posted (or), 24 _feet of paving NO PARKING EITHER SIDE" signed and posted. Off street parking to be provided other than driveways. Fire hydrant to be :located at the entrance off 99th Street and fire hydrant to be located at the East end of the main s (unnamed street ) . Feel free to call me for suggested changes. Si ncerel Joseph Gr ich Fire Pre n ion Bureau JUL 1982 CITY OF TIGARD ®.e. 2 September 24, 1982 MEMORANDUM TO: Members of the City Council FROM: William A. Monahan Director of Planning & Development SUBJECT: Comprehensive Plan Revision CPR 2-82 Milligan The petitioner for Comprehensive Plan Revision CPR 2-82, Dick Milligan, has submitted the attached letter indicating his desire to withdraw his application for a Comprehensive Plan Revision. Staff recommends that the City Council open the public hearing, accept the withdrawal by the petitioner, and close the public hearing. pm 7- zz- Sz t C 7 September 21, 1982 MEMORANDUM TO: City Council FROM: Planning Division SUBJECT: Milligan CPE On July 26, 1982 the City Council held a Public Hearing on a Comprehensive Plan Revision (CPR 2-82) for the property at 9960 S.W. Walnut. At that meeting, Council asked staff to initiate a zone ordinance amendment to allow general retail as a conditional use in the C-4 zone. That ordinance has since been approved by Council. However, no action was ever taken on the original CPR application. Staff requests that Council take action to resolve the Comprehensive Plan Revision application pending on the property at 9960 S.W. Walnut. STAFF RECOMMENDATION: Staff recommends the City Council reverse the recommendation of the Planning Commission and dopy the Comprehensive Plan Revision. i i _1L4 a .ti •o too+ KNIt 49 SEE MAP ZS I 2BC A 800 s* / �® �y�' 6Ac. JCN. i 1(1—\3 DV 1 LLEr- p/ o i P 4f, C, 801 a� NS)o ti 43Ac. ilk 702 .85Ac.- i,43 do 90 h. rAl J J lb , N�a 600 900 �� 01 901 A� 3/Ac. „ d 20 + 701 .26 . s. 4 d A 0 8 oyy .96Ac. ° ► ` �'� 1004 905 °s� '� ./2Ac. 20.a 904 _ /SAc.y? 1001`Of� �O 1003 q 23Ac. ro .22Ac. e. 2300 1002 r 1" N a0 e2 `, �" 24Ac. „" 1300 s��° �}y{ ♦ ; J �� ® = 1100 , 0 a y� o /7.4c. 1400��= /� J ? ° 1200 400 t 01 6aAc f S 4 V m 1 CS.No. t3iS1 1 _' /Y� ' J 1 ��J J 1 I I °` _ _: :: 21 O o 9BSCy \ °r � � 17( .23Ac. ` �Ii��l�ili A e -r 4CSNo-iO929) /y •o v d,� 39 � - y � 2000 e'* � �p / O titin Ssa�° e Ac. ` 2600 \ 101 �� II 1760 60c . .87Ac d��c Ac so- DDIT101\ 2700 ® �.r — �'~ 1900 'S+ .35Ac s �� NX .544C. 9 2800 ®V Z6Ac 2900 3616 ytio 3261 c. 1®9 ® o 3000 24 Ac �® �` Y'.. • if M N •1W \ \ Zlob %r � ; `'` A• - . +r;lr S 1 _ r ti- ,w 1 i I (f) ORDINANCE NO. 82-36 AN ORDINANCE CHANGING THE ZONE OF LANDS ANNEXED BY THE BOUNDARY COMMISSION, ORDER No. 1844, ANIS ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO #7 PLAN AS ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. (g) Motion by Councilor Stimler, seconded by Councilor Scheckla to adopt. Approved by unanimous vote of Council present. 22. COMPREHENSIVE PLAN REVISION CPR 1-82 - NPO #1 A request by Marie Refiling for a revision to the City of Tigard`s Comprehensive Plan map from multi-family to Main Street Commercial and for a zone change from A-12 to C-3M on property located at 12665 SW Hall Blvd. to locate a product testing lab. (Wash. Co. Tax Map 2S1 2AD, Tax Lots 700 & 800). (a) Public Hearing Opened (b) Associate Planner Newton gave history of request noting that Planning Commission heard this issue and then sent to City Council. (c) PUBLIC TESTIMONY: f Allan Paterson, representing Mrs. Reiling, requested Council approval. ! E (d) Planning Director recommended approval. i (e) Public Hearing Closed (f) ORDINANCE NO. 82-37 AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR A COMPREHENSIVE PL_QZd REVISION TO THE 1974 NPO #1 PLAN MAP OF THE CITY OF TIGARD, AND A ZONE CHANGE, DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. Marie Reiling. (g) Motion by Councilor Cook, seconded by Councilor Stimler to adopt. Approved by unanimous vote of Council present. 23. COMPREHENSIVE PLAN REVISION CPR 2-82 - NPO #3 A request by Dick Milligan for a Comprehensive Plan Revision from Multi-Family to General Commercial on property located at 9960 SW. Walnut Street to operate an antique store. (Wash. Co. Tax Map 2S1 12BD, Tax Lot 2200). (a) Public Hearing Opened (b) Associate Planner Newton stated the area in question originally was asking for C-4 zoning, however, after the new Conditional Use standards were approved the staff recommended Planning Commission zone the area C-3. . NPO #3 felt the use was appropriate but did not agree with the zoning designation. (c) PUBLIC TESTIMONY i { Bob Bledsoe, NPO #3 Vice Chairman, stated that NPO #3 recommended denying C-3 zoning since the C-4 seemed appropriate even though the rules have changed. They did not object to an antique store going in, just to the C-3 zoning designation. Councilor Stimler expressed concern that the C-3 zoning would allow other types of businesses in the area in the future and that they might not be appropriate for the area. She stated there was no objection to the antique store, just the zone. Ryan O'Brian, representative of owner Mr. Milligan, reviewed with the NPO his request, and he felt they had an agreement, Mr. Milligan wants to preserve the house which would be a good buffer between the business and residential parcels on each side. Mayor Bishop asked Legal Counsel if there was any way to limit the future uses of this piece of property. Legal Counsel reported that no property can be further limited as to what uses are allowed in the zone which has permitted and conditional uses set out in the code. Discussion followed regarding whether to remand the issue back to the Planning Commission. Mr. Milligan expressed concern with the time frame and financial restrictions this could put on him. (d) Motion by Councilor Stimler, seconded by Councilor Scheckla to continue the public hearing until August 16, 1982 and have applicant work with staff to address issues raised at this meeting. Approved by unanimous vote of Council present. 24. _`_NGELYNN SUBDIVISION VACATION PUBLIC HEARING (a) Public Hearing Opened (b) Associate Planner Newton stated that the Subdivision plat was filed and that a portion needed to be vacated. Property owners have filed the appropriate petition calling for the vacation hearing. (c) PUBLIC TESTIMONY On one appeared to speak. (d) Staff recommended approval (e) Public Hearing Closed (f) ORDINANCE NO. 82-38 AN ORDINANCE VACATING ANGELYNN SUBDIVISION, A PLAT OF RECORD, IN THE CITY OF TIGARD, WASHINGTON �. COUNTY, OREGON. (g) Motion by Councilor Cook, seconded by Councilor Stimler to adopt. PAGE 7 - COUNCIL MINUTES - JULY 26, 1982 5.3 COMPREHENSIVE PLAN REVISION CPR 2-82 Milligan NPO #3 ZONE CHANGE ZC 6-82 A request by Dick Milligan for a Comprehensive Plan Revision from Urban Medium Density residential to Commecial Residential and a Zone Change from C-3 (General Commercial) to C-4 (Residential Commercial) for the site. (a) PUBLIC HEARING OPENED ® NPO Comment - The NPO #3 members recommended that the site be zoned C-4 (Residential Commercial). • Associate Planner Newton made staff's recommendation that the Plan- ning Commission recommend to the City Council that the Comprehensive Plan designat{on be changed from Urban Medium Density residential to General Commercial, and that the zone C-3 (General Commercial) be retained based on staff's analysis and surrounding land uses. • Applicant's Presentation - Dick Milligan, 15933 SW Bull Mountain Road, Tigard, Oregon wants to purchase the property at 9960 SW Walnut, Tigard from James Moellmar_ and Mary Ann Banky to establish an antique business . He stated next to this property is a Circle K store and two service stations. He thought the zoning was A-12 (Multi-family) and not C-3. In going to an NPO #3 meeting and after discussion, they felt the best zoning would be C-4 (Residential Commercial). However, since it is C-3 he is satisfied with the zoning as is. (b) PUBLIC TESTIMONY • Ryan O'Brien, 140 NE 3rd Ave. , Hillsboro, representing Dick Milligan, stated they would agree with leaving the zoning as C-3 with the exception of condition #2. (Dedication of additional 10 feet the width of the subject property.) He felt the dedication should be made at the time of occupancy. He stated the house would be preserved on the property and the antique business would be com- patible with the surrounding area. o There was no opposition. (c) CROSS EXAMINATION AND REBUTTAL o Planning Director stated he had no objections to dedic,.ing the property and filing City forms at the time of occupancy but stated the words 'prior to occupancy' should be in condition #2. PUBLIC HEARING CLOSED (d) COMMISSION DISCUSSION AND ACTION o Commissioners Helmer, KLI' ,as, Bonn, Owens, and President Tepedino agreed the dedication should be filed prior to occupancy. PAGE 3 - PLANNING COMMISSION MINUTES - JUNE 8, 1982 • Commissioner Moen agreed if the house is retained. • Commissioner Kolleas moved, and Commissioner Moen seconded, to recommend to the City Council that the Comprehensive Plan desig- nation be changed from Urban Medium Density residential to General Commercial and that the zone C-3 (General Commercial) be retained with the three (3) conditions. Condition #2 should be changed to read: "The applicant/owner shall dedicate an addtional 10 feet of width of the subject property prior to occupancy. Such dedication shall be completed on City forms." Motion approved by unanimous vote of Commission present. 5.4 MINOR LAND PARTITION MLP 23-81 NPO #1 An appeal by NPO #1 of the Planning Director's aproval of a minor land partition to partition 4.8 acres, zoned A-70/80 multi-family home for the aged into 3 lots; 4.0 acres, .3 acres and .5 acres respectively on property located at 13055 SW Hall Blvd. (Washington County Tax Map 2S1 2DA, lot 400) This item was continued from the May 4, 1982 Planning Commission meeting. (a) PUBLIC HEARING OPENED • NPO Comment - No report. It was stated that the report was given at the May 4, 1982 Planning Commission meeting. • Associate Planner Newton read the memo that was presented to the Planning Commission. Staff has attempted to reconstruct the dis- cussion and action that was taken by the development standards for the A 70/80 zone. • Applicant's Presentation - Dick Sturgis, representing his father and mother, stated the whole initial concept was to have the convenience store so the elderly would be able to walk to the store not drive. According to the plan, the convenience store will be connected to the residence with a covered walkway. He stated the only objection heard from the NPO is the safety factor. With the covered walkway, the safety factor should be solved. (b) PUBLIC TESTIMONY e There was no opposition. (c) CROSS EXAMINATION & REBUTTAL Y Commissioner Helmer questioned if the residence or store would be built first. He felt the store should be internally built and the people could support it alone. PAGE 4 - PLANNING COMMISSION MINUTES - JUNE 8, 1982 STAFF REPORT AGENDA ITEM 5.3 TIGARD PLANNING COMMISSION JUNE 8, 1982 - 7:30 P.M. FOWLER JUNIOR HIGH 10865 S.W. WALNUT, TIGARD, OREGON June 1, 1982 A. FACTS I. General Information: Case: CPR-2-82 (Comprehensive Plan Revision) NPO #3 ZC-6-82 (Zone Change) Request: The applicant is requesting the Comprehensive Plan Revision from Urban Medium Denisty to residential to Commerical Residential and a Zone Change from C-3 (General Commercial) to C-4 (Residential Commercial) for the site. (Attach "A") Recommendation: Based on staff's analysis and surrounding land uses, staff recommends that the Planning Commission recommend to the City Council that the Comprehensive Plan designation be changed from Urban Medium Density residential to General Commercial , and that the zone C-3 (General Commercial) be retained. Applicant: Dick Mulligan 15933 S.W. Bull Mountain Road Tigard, Oregon 97223 Owner: James Mnellman Mary Ann Banky 12570 S.W. Brookside Tigard, Oregon 97223 Location: The subject site is generally located on the west side of S.W. Walnut Street, just north of Pacific Highway. Washington County Assessor Map #2S-1-1BD, Tax Lot 2200. (Attach "B") Lot Area: Approximately 9,583 square feet. Present Comprehensive Plan Designation: Urban Medium Density Residential �,- Present Zoning Designation: C-3 (General Commercial) NPO Comment: The NPO #3 members returned the request and stated that they would recommend that the site be zoned C-4 (Residential Commercial). (See Attach "C") Public Notices Mailed: Seventeen (17) notices were mailed. No comments had been received at the writing of this report. MW - STAFF REPORT CPR-2-82 & ZC-6-82 Page 2 2. Background There have been not previous actions concerning this site. 3. Vicinity Information The surrounding land uses are as follows: The areas to the northeast, north and southwest of the site have been developed for single family and multiple family uses and are shown on the Comprehensive Plan Map as Urban Medium Density. The areas are currently zoned A-12 (Multiple Family) and C-3 (General Commercial). The areas to the south and southeast of the site have been developed for a variety of commercial uses and the areas are designated on the Comprehensive Plan map as Commercial Highway. The areas are zoned t C-3 (General Commercial). 4. Site Information Presently, there is a single family house, garage and driveway on the lot. The yard is presently fenced. } B. APPLICABLE PLANNING POLICIES i 1. LCDC Statewide Planning Goals a. Citizen Involvement: Goal 91 - The intent of this goal is to insure the opportunity for citizens to be involved in all phases of # the planning process. Notices were sent to property owners of record within 250 feet of the site. A public notice was published in the y Tigard Times on May 27, 1982. NPO #3 was given the opportunity to i review the request. (See Attach "C") G 6 b. Land Use: Goal #2 - All applicable LCDC Goals and Guidelines, NPO #3 policies and Tigard Municipal Code sections were considered in the review of this application. C. Housing: Goal 410 - It is the intent of this goal to provide safe and economical housing for the residents of Tigard. The f proposed request would eliminate the potential of adding 3 housing [ units to Tigard's housing stock. However, staff questions whether the site could adequately accomodate 3 units given the location of F the existing structure and the City's current landscaping and open space requirements. Another alternative would be to eliminate the existing structure and construct a triplex. However, it would be difficult to replace the direct loss in value of the existing house by constructing only 3 i units. r l STAFF REPORT CPR-2-82 & ZC-6-82 Page 3 The construction cost and land value per unit with only 3 units are significantly higher compared to higher density housing situations which take advantage of economics of scale. As an additional alternative, the existing structure would be maintained as a single family residential use. Staff believes that this is underutilization of the site given surrounding land areas and probably would not be economically viable. d. Public Facilities: Goal 411 - Public facilities including water and sewer are adequate. e. Transportation: Goal #12 - The intent of this goal is to provide a safe, convenient and economic transportation system. The site would be accessible via S.W. Walnut Street. All needed street improvement in front of the site will be completed prior to any commercial occupancy of the structure. Otherwise, it is not anticipated that any commercial use on the site will substantially increase the traffic on S.W. Walnut Street. 2. NPO #3 Policies a. Commercial Development Objectives 1) To regard the carrying capacity and safety of persons traveling on Pacific Highway as the highest priority concern when considering the types of development to be allowed adjacent to the highway. 2) To avoid necessitating persons occupying the residential portions of the Neighborhood to venture onto Pacific Highway to satisfy their everyday shopping needs. The proposed commercial site would access directly across onto S.W. Walnut which directly intersects with Pacific Highway just to the south of the site. Therefore, no additional access points would be created on Pacific Highway. 3) To show concern for the type of commercial shopping environment being created for the citizens of this community. One stop shopping and parking for convenience commerical goods and services such as groceries, variety goods, cleaners, etc. is preferable to an interspersal of such uses among highway commercial uses strung along Pacific Highway. Because of the many different property owners along Pacific Highway, it would be difficult to create one stop interconnected stopping areas along Pacific Highway. The site is adjacent to the commercial uses along Pacific Highway and would be easily accessible to all Tigard residents. �a STAFF REPORT CPR-2-82 & ZC-6-82 Page 4 4) To provide employment opportunities within the City near residential areas. The proposed commercial site would allow for a limited number of employment opportunities and help to support Tigard's economic base. 5) To make commercial development compatible with existing adjacent residential portions of the Neighborhood. The character of the structure would not substantially change and therefore would be architecturally compatible with the surrounding residential uses. 6) Polit-y 21. Development will coincide with the provisions of public streets, water and sewerage facilities. These facilities shall be (a) capable of adequately serving all intervening properties as well as the proposed development, and (b) designed to meet City and county standards. As stated earlier, there are adequate facilities to service this site. 3. The applicant has listed numerous policies from the 1971 Tigard Community Plan (Attach "A"). Staff concurs with the applicant's statements. 4. Tigard Municipal Code All of the requirements of the Tigard Municipal Code will be applied to the development or redevelopment of this site during the Site Design Review process. These items will include parking, landscaping, access and street improvements. 5. Additional Staff Comments Staff recommends that the comprehensive plan designation for the site be changed to General Commercial while retaining the existing zone of C-3 (General Commercial). The reason for staff's recommendation is as follows: 1. The surrounding land uses indicate that the area has been developed for general commercial uses. (See Attach "D") 2. The proposed use for the site would be compatible with existing commercial uses in this area. 3. Staff does not feel it is good planning to zone one small lot \ differently from surrounding zones. STAFF REPORT CPR-2-82 & ZC-6-82 Page S C. CONCLUSION The proposed Comprehensive Plan Revision and Zone Change request comply with the applicable policies. CONDITIONS 1. The applicant/owner shall apply for Site Design Review prior to the issuance of any permits on the site for commercial uses. 2. The applicant/owner shall dedicate an additional 10 feet the width of the subject property. Such dedication shall be completed on City forms. 3. All necessary half-street improvements plans shall be submitted, approved and bonded to meet the approval of the City Engineer prior to the issuance of any occupancy permits on the site. Prepared by Approved bye/��TC�� J remy Coursolle Frank A. Currie S socidte Planner Planning Director MOW C� M E M O R A N D U M TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: LINDA SARGENT, ADMINISTRATIVE ASSISTANT rd4o DATE: SEPTEMBER 23 , 1982 SUBJECT: SIGN CODE ORDINANCE In order to incorporate the revisions to the Sign Code ordinance suggested by the Planning Commission and the City Attorney' s office on 9/21 and 9/23 , staff recommends that Council move to postpone the public hearing on the Sign Code until October 11, 1982 . LS : dkr r- TO: Members of the City Council FROM: W. A. Monahan, Director of Planning and Development ,_447,11% DATE: September 23, 1982 RE: Regional Task Force on Economic Growth Attached for your review is a letters from Mayor Jack Nelson of Beaverton concerning his proposal to form a regional task force on economic development. Mayor Nelson's proposal coincides with the City's recent activities which are directed to formulating a local economic development program. Participation by Tigard on the regional task force would allow the cities of Washington County to coordinate their economic attraction and expansion efforts in an efficient manner. Mayor Nelson has requested that the City designate representatives to the regional Policy Committee and Support Committee as follows: Policy Committee - Mayor Wilbur A. Bishop, and a designated business representative Support Committee - A staff member designated by the City Administrator It would also be prudent, at this time, to take action to create a local economic committee to assist in the formulation of the City's individual economic development strategy. City Administrator Bob Jean and I have talked on several occasions about the need for a community-wide steering committee from which an executive- committee would be designated. We have formulated the following list which identifies government and business representatives who could comprise the committees: STEERING COMMITTEE EXECUTIVE COMMITTEE A member of the City Council City Administrator Public Works Director Planning & Development Director T.U.R.A. Advisory Chairman Planning Commission Chairman Chamber of Commerce President Chamber of Commerce Manager Representation with a Primary Industry Representation of a Secondary Industry Representation of a Service Industry Realtor Banker Business Park Representative Educator Job Training Representative Memo To: Members of the City Council Page 2 Recommendation — Staff recommends that the City Council pass the attached resolution authorizing: 1. The designation of the Mayor as a member of the Policy Committee of the Regional Task Force on Economic Development. 2. The Mayor to designate a business representative to the Policy Committee. 3. The City Administrator to designate a staff member to the Support Committee; and, 4. The City Administrator and Director of Planning and Development to initiate the Tigard Economic Development Steering Committee, which shall develop an overall economic development strategy to be presented to the City Council for consideration. BEAVERTON September 17, 1982 Jack Nelson Mayor Mayor Wilbur A. Bishop City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Dear Wilbur: Oregon's economy continues to be of significant concern to each of us as we lead our individual community's effort in economic development. Each of us are involved in a variety of important activities which will produce favorable results in the near future. I commend you, your local businesses and staff for their time investment and efforts. I see the need to closely coordinate our efforts, here in Washington County, so that we are reinforcing one another's programs rather than working at cross purposes. To ensure such a coordinated effort, I invite you, your business representative, and a city staff person to join me on the Regional Task Force on Economic Growth. The Task Force will be organized into two working committees: i k S 1) POLICY COMMITTEE - Composed of you and your designated business representative and; E 2) SUPPORT COMMITTEE - A staff member designated by your manager or administrator. The Task Force, through its two working committees, will allow each of us to coordinate; develop compatible inventory and data base information; develop and enhance our public/private partnerships; coordinate our promotional activities; provide technical assistance; evolve more uniform E development siting and permit process assistance; and other activities which should prove productive to our joint effort. C i j City of Beaverton • 4950 S.W. Hall Boulevard • Beaverton, Oregon 97005 • (503)644-2191 Page 2 of 2 You need to immediately do two things: contact your business designee and secondly plan to both attend the first meeting of the Policy Committee for the Regional Task Force on Economic Growth at noon, Friday, October lst, 1982, at The Stockpot Restaurant, 8200 S.W. Scholls Ferry Road, Progress Downs Golf Course. The Task Force will meet monthly for a working meeting to review material prepared by our Support Committee members. The work program will be mailed out before the first meeting. Please contact Tawny Wolfe, of my office, at 644-2191, Ext. 201, with the name, address and phone number ofy our business designee. Again, I appreciate your commitment to a joint economic development effort. Thanks for your willingness to serve. Sincerely, x i Jack Nelson I F JN:tw 00640 r i T I 1 i E T k WASHINGT®N COUNT' ADMINISTRATION BUILDING—150 N. FIRST AVENUE a 4 1982 HILLSBORO, OREGON 97123 (503) 648-8681 BOARD OF COMMISSIONERS ROOM 418 VIRGINIA DAGG,Chairman LYELL GARDNER,Vice Chairman JIM FISHER BONNIE L. HAYS LUCILLE WARREN September 14 , 1982 Mr. Bob Jean City of Tigard Administrator 12755 S.W. Ash Tigard, Oregon 97223 Dear Bobs Due to the extreme pressures of County business, I have been unable to hold the "town hall" meetings as we did last year in the different localities. I have found it necessary to stay pretty close to the Courthouse to ensure that the issues that concern your community receive all possible advantages. 's I am interested to know if you have concerns or questions which you would like to discuss with me in meetings similar to ! those of last year. If so, I would be most happy to schedule s individual meetings over coffee, lunch, or whatever would be practical. Please let me know your feelings on this matter. I would also welcome any suggestions you might wish to contribute. Sincerely, L. Lucille Warren, Commissioner Board of Commissioners for Washington County j. i LLWscrm/sj an equal opportunity employer MMMKMLlr /a September 27, 1982 MEMORANDUM TO: Mayor and Council 4-4-FROM: Loreen Wilson, Deputy Recorde `1SUBJECT: Payment Approvals � Staff would like to request Council approval for payment of bills presented by Coopers & Lybrand in the amount of $12,950 and Hardware House Incorporated for $350.00. � Coopers and Lybrand's fiscal year ends September 30, 1982 and they would appreciate payment by that date. Hardware House Incorporated is a payment required by contract for current computer software work and consultation. Following is a breakdown of the bills. Please note that the figures are below the contract amounts which the Council approved for the work. 1981-82 Audit. . .. . .. .. . . . . . . .. . . ... . . . .. . . . .$10,500 MFOA Certificate of Conformance. .. . .. .. . . .. .$ 2,450 Hardware House, Inc.. .. . . .. . . .. ... . . . .. . . . $ 350 TOTAL $13,300 MOTION TO: Approve payments in the amount of $13,300. lw September 27, 1982 MEMOdANDUM TO: Mayor and Council FROM: Loreen Wilson, Deputy RecorderQ� SUBJECT: Status of 72nd Avenue LID The following is an up to date status of 72nd Avenue LID. r' ORIGINAL ASSESSMENT l Applications Signed - 94 Late Applications - 7 Paid in Full - 26 COMPLETE - 127 Problem Applications - 6 No Response - 7 STILL PENDING - 13 DEFICIT ASSESSMENT Applications Signed - 86 Late Applications - 11 Paid in Ful]_ - 22 Late Paid in Full - 1 COMPLETE - 120 Problem Applications - 2 No Response - 16 STILL PENDING - 18 lw ORIGINAL ASSESSMENT PROBLEM APPLICATIONS # 8 Anthony & Karalee Maksym $ 4,626,24 # 70a Ted Nelson Co. 11,456.94 # 70b Ted Nelson Co. 3,580.29 # 70c Ted Nelson Co. 26,671.23 # 70d Ted Nelson Co. 2,799.12 # 71 A.T. & Doris Nelson 19,939.31 ORIGINAL ASSESSMENT NO RESPONSE # 5 Gus & Loraine Greco $ 5.846.08 # 16 Lillian Hickethier 4,324.34 # 35 Zel Chemical Distributing 4,546.51 # 53a Washington Co./Dir. of Public Works 96,898.03 ** # 53b Washington Co./Dir. of Public Works 1,627.91 ** # 63 So. Pacific Transportation Co. 94,561.54 # 75 Fought Company 2,802.75 * Working Settlement With City Attorney ** Processing Payment Thr(,ugh County Commissioners As Of This Date r k DEFICIT ASSESSMENT PROBLEM APPLICATIONS # 8 Anthony & Karalee Maksym $ 1,721.59 # 16 Lillian Hickethier 1,609.25 DEFICIT ASSESSMENT NO RESPONSE # 5 Gus & Loraine Greco $ 2,175.54 # 7 Paul & Lenore Warner 2,111.56 # 9 Robert R. Gage 1,201.07 # 35 Zel Chemical Distributin 1,691.92 # 53a Washington Co./Public Works Director 36,059.31 ** # 53b Washington Co./Public Works Director 605.81 ** # Empire Pacific Industries 8,433.37 W68aJohn & Marietta Smets 605.62 John & Marietta Smets 1,114.34 Ted Nelson Company 4,263.55 # 70b Ted Nelson Company 1,332.36 # 70c Ted Nelson Company 9,925.34 # 70d Ted Nelson Company 1,041.66 # 71 A.T. & Doris Nelson 7,420.15 # 83 B.L. Investments, Inc. 952.84 #105 James F. & Elizabeth Crumpacker 436.04 0115 Smets Machinery Co. 129.21 * Working Settlement With City Attorney ** Processing Payment Through County Commissioners As Of This Date Z-ff—M 11=111i Hallie Pihl Circuit Court of Oregon Judge WAA ngton cosnrp Twentieth Judicial District HILLSBORO, OREGON September 10 , 1982 Paul Rask Edward Sullivan Attorney at Law Attorney at Law 15404 SW 116th Avenue 1727 NW Hoyt Street King City, Oregon 97223 Portland, Oregon 97209 RE: Industrial Contract Carriers , Inc. vs City of Tigard 82-1010C Gentlemen: This is a writ of review proceeding in which plaintiff challenges the validity of Ordinance 82-13 enacted by defendant on March 29 , 1982 creating Local Improvement District #21 which relates to portions of SW 72nd Street within the City. At the hearing on the writ, defendant filed two written motions to dismiss . One motion seeks dismissal of the writ for want of juris- diction over the person in that plaintiff did not personally serve any other property owners who had involved themselves in the matter before the City Council. This motion will be denied for the reason that I believe "opposite party" under ORS 34 . 080 in Local Improvement District cases means the local government that by ordinance has legislatively created the district and I know of no appellate cases to the contrary. The other motion to dismiss relies on ORCP 21 A (8) contending that the plaintiff ' s petition fails to state ultimate facts sufficient to constitute a claim in that paragraph VII merely sets forth conclusions of law based on the statutory language of ORS 34. 040 which provides the basis for allowing writs of review. I agree with defendant' s position on this but am going to deny it because if granted, I would allow plaintiff a reasonable time to file an amended petition and also, I believe that this matter should be resolved on its merits at this time. I Having reviewed and taken into consideration all of the materials } f submitted including oral and written argument of counsel, I am of the l opinion that plaintiff's petition for writ of review should be denied. In support of the decision, I would make the following findings: 1 E Paul Rask -2- September 10 , 1982 "?ward Sullivan f 1. The question of special benefits to property owners within the Local Improvement District as determined by the defendant was supported by substantial evidence in the record. 2. The 1981 ordinance relating to Local Improvement District 21 was repealed by implication upon the passing of ordinance 82-13 on March 29 , 1982. 3. The probable cost of the improvements were sufficiently determined and publicized so as to not deny any re- monstrator of the right to a fair hearing. 4. The deficit assessment issue is not before this Court in that it is not in the petition and cannot be attacked until spread by ordinance. 5. The invitation for bids on the project, although advertised for before the passage of ordinance 82-13 , is not of sufficient magnitude to render the acceptance of a bid invalid. (TMC 13. 04. 070 Bids--is merely directory to the city clerk not a condition precedent to the validity of the accepted bid in this kind of case as opposed to a contest between bidders or potential bidders. ) 6. The city ordinances of defendant did not require at the time of bid opening did not require the presence of the majority of city council members but did require the presence of a city employee who was present in the person of the city engineer. 7. The council's method of determining the amount of assessment to be charged against each lot in the district, although a combination of assessment methods, was according to the special and peculiar benefits accruing and there- fore not arbituary. Counsel for the defendant shall prepare the judgment in this matter and forward it to me for signature and filing. Very truly your � s ,Ov, Hollie Pihl Circuit Judge HP:km ® ®sir r CITY OF TIG;A7" RD WASHINGTON COUNTY,OREGON September 22, 1982 I Anthony & laralee Haksym 13565 SH 72nd Ave. Tigard. OR 97223 Re: 72nd Avenue LID I.D. 'P3 S E Dear Property Owner: Since you have not filed an application in proper form in the amount of $6,347.83. we are enclosing a statement that is due and payable on or before September 27, 1982. If you have any questions please call Penny Lieberta, 639-4171. The City Council will pass an ordinance to authorise a Bond Sale for 72nd Avenue Street Local Improvement District on Monday. September 27. 1982. we would appreciate the payment -by then to be able to determine the dollar amount of the sale. Sincerely. Doris Hartig Finance Director/City gecorder DH:pm Sne. 12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 CITY OF TIGARD 12755 SW ASH AVENUE P.O. BOX 23397 TIGARD, OREGON 97223 September 22, 1982 72ND AVENUE STREET LOCAL IMPROVEMENT DISTRICT Z.D. 0 8. Anthony & Karalee Maksym _ 13565 SW 72nd Avenue Tigard, Oregon. 97223 Original Assessment $ 4,626.24 Deficit Assessmentw $_1'721.59 TOTAL $,^6e347_R3 *When reductions oc r an the right-of-way acquisition costs they will be creditied appropriately and applied back to the district. DISE AND PAYABLE ON OR BEFORE SEPTEMBER 27 , 1982. O'DONNELL. DATE September 14 , 1982 ' SULLIVAN & RAMIS ATTORNEYS AT LAW TO Edward J. Sullivan and Tigard City Council 7727 N.W. HOYT STREET PORTLAND. OREGON 97209 150(311 22-4402 FROM Stephen F. Crew u �-1 E-; -'- ' `%'' �� RE Recovery of Attorney Fees in a Lawsuit Against Northwest Underground on Surety Bond SEP Pursuant to your request, I have done further research on the issue of whether or not the city could recover attorney fees in the event st Underground for our damages as a that we proceed against Northwe result of the arbitration award in favor of D. M. Thompson. As I mentioned in my previous memorandum, the contract between the city and Northwest Underground is silent on the issue of attorney ;. fees. Further, there is nothing in the surety bond agreement which t provides for attorney fees. However, under ORS 743. 114 , it appears that we can recover attorney fees in an action on an insurance policy or a contractor' s bond. In essence, ORS 743.114 provides that if settlement is not made within six months from the date proof of loss is filed with an insurer [and in this case the bonding company] and we file an action and our recovery exceeds the amount of any tender made by the defendant, then we may recover attorney fees. The statute goes on to state, however, that if our recovery does not exceed the amount of any tender made by the defendant, then they can recover attorney fees against us. { t r The case of Hage•y v. Massachusetts Bonding Co. , 169 Or 132, 126 P2d 836 (1942) also supports the proposition that if there is a statute providing for attorney fees in an action against an insurer then this is also applicable to surety bonds. ti In essence, I would modify my previous conclusion nthat we would above be able to recover attorney fees. It appears, p ; statute and case, that we would be able to recover our attorney fees in the event we prevail or if our recovery exceeds any amount offered by either the defendant or the insurance company. ; i E t SFC:ial i 9/14/82 cc: Mr. Frank Currie Mr. Bob Jean City Council Members Mr. Edward J. Sullivan maid NEW 9/15/82 t 72nd avenue LID Resolution No. 82-80 1 �< I �. Dear Doris: Martin DeHass informed me that you were missing Resolution No. 82-9UT We had two copies in our file, please find them enclosed.. Sincerely yours, Thomas L. Mason12 TLM:dnLi SEP 17 i Ms. Doris Hartig4i'D®NNELL, SULLIVAN Rt RAINS TO City of Tigard I P.O. BOX 23397 ATTORNEYS AT LAW L Tigard, Oregon 97223 1727 N.W. HOYT STREET PORTLAND, OREGON 97209 (503) 222-4402 i I i t i - a �d MAT-ARM CITY OF TIGARD , OREGON i. RESOLUTION NO. 82--.t" A RESOLUTION CONCERNING VACATION OF PORTIONS OF S .W. 72ND AVENUE, A DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON WHEREAS, the area described on the attached sheet headed "Exhibit A" and by this reference made a part hereof , is an undeveloped unused portion of street dedicated to the public for highway purposes; and WHEREAS, the area described on said Exhibit "A" lies within the corporate boundaries of the City of Tigard, Oregon; and WHEREAS, said described area does not serve a public highway purpose and is so situated as to be of no usefulness now or in the future as part of the public street system of the City; and WHEREAS, the party which will accrue property by virtue of the vacation is dedicating , at less than appraised cost, to the City of Tigard another right-of-way parcel necessary in the completion of L. I .D. 21 - S .W. 72nd Avenue Street Improvement; and WHEREAS , it appears to be in the public interest that the said area be vacated and restored to the tax rolls and made available for development and use; and WHEREAS, .pursuant to ORS 271 . 130 the City Council may initiate vacation proceedings as authorized by ORS Chapter 271 ; NOW, THEREFORE; BE IT RESOLVED by the City Council of Tigard as follows: 1. That the public hearing is hereby called to be held by the City Council of Tigard on Monday, Ag't X23; 1982 , at Fowler Junior High School Lecture Room, 10865 S.W. Walnut Street, within the City of Tigard, beginning at 7 : 30 p.m. , at which time and place the Council shall hear any objections to the proposed vacation so that any interested person may appear and be heard for or against the proposed vacating of said lands . 2. That the City Recorder be , and she is hereby, authorized and directed to cause to have published in the Tigard Times , a newspaper of general circulation in the City of Tigard hereby designated for such purpose, a notice of said hearing in the form hereto attached as Exhibit "B" and by this reference made a part`.,! hereof, the first publication to be made on the 29th day of dui-y, 1982, and once each week thereafter for four publishings in all . George H. Killian RESOLUTION No. 82- Page 1 sew sMMIR The Recorder be, and she is hereby, further directed to cause to have posted within five (5) days after the date of first publication, a copy of said notice in the form hereto attached as Exhibit "B" in at least two (2) conspicuous places within the area proposed to be vacated, all of said postings to be accomplished within the time herein stated. 3. That the particular portion of dedicated street proposed to be vacated is described on the attached sheet headed Exhibit "A" and by this reference made a part hereof . 4. That the vacation ordinance shall not be effective until such time as the other right-of-way improvhe emrol ent H. Killian, and necessary of the72nd project, is acquired by the City of Tigard. PASSED: By Council on the 26th day of July, 1982. Mayor - City of Tigard ATTEST: i t i f Recorder - City of Tigard i i i i RESOLUTION NO. 82- �30 Page 2 E EXHIBIT "A" i Two parcels of land more particularly described as follows: Parcel I: Being a portion of S .W. Upper Boones Ferry Road also being that portion of the tract (described in Fee No. 78-28456 as Exhibit B-2) dedicated to the public (City of Tigard) , in the northwest ; of the northeast ; of Section 13, T. 2S. , R. 1W. , W.M. , ? City of Tigard, Washington County Oregon more particularly described as being that portion of said Exhibit B-2, Fee No. 78-28456 that lies northwesterly of a line that is northwesterly i 30 feet at right angles and parallel to the following described centerline: i Beginning at a point of curve in the existing centerline ; of County Road A-138 that is S 8905 ' 04" E 26 .910 feet and S 4841 ' 42" W 214 . 478 feet from the recognized East 1/16 corner on the line between said Sections 12 and 13 , said 1/16 corner being shown as Point No. 289 on Washington ' County Survey No. 19 , 127; thence tracing the centerline northeasterly along a 450 foot radius curve to the left through a central angle of 4903 ' 18" 385 . 277 feet (long chord bears N 24010 ' 03" E 373 . 62 feet) to a point of tangency and the end of the foregoing described centerline, f. said ending point lies N 8943 ' 04" E 20 . 00 feet and N 021 ' 36" W 198 . 78 feet from the previously said 1/16 corner (Point No. 289) . i i Contains 571 square feet more or less. Parcel II: Being a portion of S .W. 72nd Avenue also being that portion of the tract (described in Fee No. 78-28456 as Exhibit B-1) dedicated to the public (City of Tigard) , in the southwest a of the southeast a of Section 12, T. 2S . , R1W. , W.M. , City of Tigard, Washington County, Oregon more particularly described as being that portion of said Exhibit B-1 , Fee No. 78-28456 that lies westerly of a line that is westerly 30 feet at right angles and parallel to the following described centerline: Beginning at a point of curve in the existing centerline of County Road A-138 that is S 89'05 ' 04" E 26 . 910 feet and S 48041 ' 42" W 214 . 478 feet from the recognized East 1%16 corner on the line between said Sections 12 and 13 , said 1/16 corner being shown as Point No. 289 on Washington County Survey No. 19,127; thence tracing the centerline northeasterly along a 450 foot radius curve to the left through a central angle of 49'03 ' 18 " 385. 277 feet (long chord bears N 24010 ' 03" E 373 . 62 feet) to a point of tangency; thence N 0121136" W 2447 . 58 feet to a point and the end of the foregoing described centerline, said ending ' point lies N 89'40 ' 44" E 20 . 00 feet from an iron pipe with a brass cap at the recognized 1/16 corner, said 1/16 corner shown as Point "P" on County Survey No. 13 , 247 . Contains 946 Square feet more or less. RESOLUTION No. 82-1!2-- EXHIBIT "A" EXHIBIT "B" I `. NOTICE OF STREET VACATION PUBLIC HEARING UBLIC RELATING TO PORTIONS OF S .W. 72ND AVENUE WASHINGTON DCOUNTDY ,POREGON. RIGHT-OF-WAY IN THE CITY OF TIGARD, i.- Pursuant to Resolution No. 82- of the City Council of Tigard, adopted July 26, 1982, under authority of ORS 271 . 130 , a public the Council of Tigard at 7 : 30 p.m. on hearing will be held by Monday, August 23, 1982, at Fowler Junior High School , Lecture Room, 10865 S.W. Walnut Street, Tigard, Oregon, with respect to the proposed vacation of the following described portions of S.W. Avenue, a dedicated public right-of-way in the Cit of Tigard, Washington County, Oregon. Two parcels of land more particularly described as follows: Parcel 1: Being a portion of S.W. Upper Boones Ferry Road also (described in Fee No. 78-28456 as being that portion of the tract t public (City of Tigard) , in the Exhibit B-2) dedicated to the northwest 4 of the northeast ; of Section 13 , T• W'M. , City of Tigard, Washington County, Oregon more particularly described as being that portion e thatdisxnorthwesterlyhibit B-2 , e30ofeet at 456 that lies northwesterly of a line nterline: right angles and parallel to the following described ceii(( Beginning at a point of curve in the existing centerline f of County Road A-138 that is S 8905 ' 04" E 26 . 910 feet and S 4841142" W 214 . 478 feet from the recognized East 1/16 corner on the line between said Sections 12 and 13 , said 1/16 corner being shown as Point No. 289 on Washington County Survey No. 19 , 127; thence tracing the centerline foot radius curve to the left northeasterly along a 450 through a central angle of 49`03 ' 18" 385. 277 feet (long chord bears N 2410 ' 03" E 373.62 feetgoing to a describedncenterline, tangency and the end of the foregoing said ending point lies N 89°43' 04" E 20 . 00 feet and N 021136" W 198 . 78 feet from the previously said 1/16 corner (Point No. 289) Contains 571 square feet more or less . Parcel II: Being a portion of S .W. 72nd Avenue also being that portion of the tract (described in Fee No. i78-28456 the as southwest B-1) dedicated to the public (City of Tigard) , W.M. City of Tigard, the southeast 4 of Section 12, T.2S. , R. 1W. , Washington County, Oregon more particularly described as being that portion of said Exhibit B-1 , Fee No. . 78-28456 that lies westerly of a line that is westerly 30 feet at right angles and parallel to the following described centerline: RESOLUTION No. 82- EXHIBIT "B" - 1 f Beginning at a point of curve in the existing centerline of County Road A-138 that is S 89005104" E 26 . 910 feet and S 4841 ' 42" W 214 . 478 feet from the recognized East 1/16 corner on the line between said Sections 12 and 13 , said 1/16 corner being shown as Point No. 289 on Washington County Survey No. 19 , 127 ; thence tracing the centerline northeasterly along a 450 foot radius curve to the left through a central angle of 4903118" 385. 277 feet (long chord bears N 24110103" E 373 . 62 feet) to a point of tangency; thence N 021136" W 2447 .58 feet to a point and the end of the foregoing described centerline, said ending point lies N 8940144" E 20 .00 feet from an iron j pipe with a brass cap at the recognized 1/16 corner, said 1/16 corner shown as Point "P" on County Survey No. 13 , 247 . Contains 946 square feet more or less _ Any objections or remonstrances against said proposal to vacate said areas may be made in writing and filed with the City Recorder prior to the date of the hearing and all objections filed prior to the date of hearing will be heard and considered, and any person having an interest in the proposal may likewise verbally be heard at said time and place. t.. By Order of the City Council of Tigard, this 26th day of July, 1982 . Doris Hartig City Recorder TT Publish July 29 , and August 5, 12 , 19 , 1982 RESOLUTION No. 82- 8© EXHIBIT "B" - 2 DRAFT PJ0. -- - Dit TE: MEMORANDUM OF SETTLEMENT AGREEMENT WHEREAS, Industrial Contract Carriers, Inc. , an Oregon corporation, hereinafter referred to as "I.C.C. " , has contested the validity of the establishment of , and assessments for , the 72nd Avenue Local Improvement District of the City of Tigard, hereinafter referred to as "City" , Local Improvement District No. 21; and WHEREAS, the parties are amenable to settlement of the above matter under the terms and conditions herein set forth, and to the waiver of any appeal from the final order and judgment of this matter as contained in Washington County Circuit Court file No. 82-101OC; NOW, THEREFORE, it is agreed between I .C.C. and the City of Tigard as follows: 1. City agrees that the following cost estimates for the imnrovemer_t of 72nd Avenue, through Tigard L.I .D. project No. 21 , shall , with the exception of acquisition of rights-of-way or easements for the project, not exceed the following: Construction $1 ,625 ,000 . 00 Estimated Cost of Acquisition of Rights-of-way or Easements 155, 500 . 00 $1 ,780 ,500 . 00 Legal, Administrative & Engineering Costs 274 ,500 .00 Total Expenditures $2 ,055 ,000 . 00 City further agrees to expend every effort to reduce the costs of acquisition of rights-of-way or easements, recognizing that the costs of such acquisition in excess of $50 ,000 will be assessed against benefitted properties, and shared, as described below, by the City. The parties recognize, however, that the costs of right-of-way or easement acquisition in excess of $50 , 000 is not under the sole control of the City and shall be assessed under the formula described in City of Tigard Ordinance No. 82-13. 2. City agrees that the City shall assume twenty-five per- cent (25%) of the total expenditures incurred in undertaking the improvement authorized by the City for Local Improvement District No. 21. For example, if the total costs of right-of-way and easement acquisitions are $155 ,500 , the City' s share of the project would be $513,750. In consideration of the performance of this Agreement by I.C.C. , the City shall pass an ordinance by which it assumes the 25% share 1 - MEMORANDUM OF SETTLEMENT AGREEMENT of project costs, as described above. Upon passage of such ordinance and the signing and delivery of the Covenant Not to Appeal by I.C.C. , through its authorized representative, this Agreement shall be in full force and effect. 3 . City agrees to reimburse I.C.C. for its costs and dis- bursements, including attorney' s fees, incurred herein in the amount of $13 ,000. 4 . City and I.C.C. , by and through its authorized agent, Mr. Hy Sadoff, agree to undertake jointly an effort toward i donation of rights-of-way and easements in lieu of City purchase of the same, thereby reducing total project costs for L.I .D. project No. 21 which would otherwise be charged to benefitted property owners and the City. 5. I.C.C. agrees to execute a warranty deed to donate a ten (10) foot right-of-way along the length of its frontage on S. W. 72nd Avenue. Such donation shall be made without considera- tion. 6 . I.C.C. agrees to execute and deliver to the Tigard City Attorney on or before 5: 00 p.m. on Friday, September 24 , 1982 , a Covenant Not to Appeal the final order and judgment of the (� Washington County Circuit Court in Case No. 81-1010C, entitled Industrial Contract Carriers, Inc. , an Oregon corporation, paintit , v. City of Tigard, a munici al corporation, defendant. Such covenant shall be in the form approved by the Tigard City Attorney. 7. City agrees to accept a duly executed and completed application for payment in installments under the Bancroft Bonding Act. Such application shall be in a form approved by the Tigard City Attorney and shall be executed and delivered to the Tigard City Attorney on or before 5: 00 p.m. , Friday, September 24 , 1982. IN WITNESS WHEREOF, the parties have set their hands this day of September, 1982. CITY OF TIGARD INDUSTRIAL CONTRACT CARRIERS, INC. By: By. c Mayor Hy Sadoff By: BY: �. City Attorney Paul J. Rask, P.C. Of Attorneys for Industrial Contract Carriers, Inc. E 2 - MEMORANDUM OF SETTLEMENT AGREEMENT DRAFT NO. -- r: DATE: COVENANT NOT TO APPEAL WHEREAS, Industrial Contract Carriers, Inc. , an Oregon corporation, has filed a writ of review against the City of Tigard, a municipal corporation, in the Circuit Court of the State of Oregon, for the County of Washington, said case being denominated file No. 82-101OC; and WHEREAS, proceedings in the above-entitled matter related to the validity of the formation and assessment and assessment formula for the 72nd Avenue Local Improvement District of the City of Tigard, L.I.D. Project No. 21 ; and WHEREAS, a final order and judgment has been entered in the above- entitled matter in favor of the defendant City; and WHEREAS, the parties are amenable to a solution to this matter without further judicial proceedings, under the terms and condi- F tions set forth herein; NOW, THEREFORE, it is agreed between Industrial Contract Carriers, Inc. (hereinafter referred to as "I .C.C. " ) and the City of Tigard (hereinafter referred to as "City") as follows: 1. In consideration for the matters contained in the Memorandum of Settlement Agreement between the parties, I.C.C. covenants and agrees not to appeal the decision of the Washington County Circuit Court in the above-entitled matter, nor to take any other action t to challenge the validity of proceedings involving the City of f Tigard Local Improvement District Project No. 21; and 2. This Agreement may be filed with the County Clerk of Washington County upon its execution. DATED this day of September, 1982. INDUSTRIAL CONTRACT CARRIERS, INC. By: Hy Sadof f STATE OF OREGON ) ; ) ss. County of ) On the day of September, 1982, personally appeared before me HY SADOFF, who, being duly sworn, did state that he is the of Industrial Contract Carriers, Inc. , and this instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and he acknowledged said instrument to be its voluntary act and deed. Notary Public for Oregon (NOTARIAL SEAL) My Commission expires: I WIN a . LATE L.I.D. APPLICATIONS 72ND AVENUE ORIGINAL ASSESSMENT #66 SAMACK, INC. 14750 SW 72nd Ave. , Tigard, Ore. $14,181.76 79 PROFIT SHARING PLAN OF THE RALPH LEBER CO. , INC. 6900 SW Sandburg Rd, Tigard, Ore. 2,169.88 93 E. LEE ROBINSON 11125 SW Greenburg Rd. , Tigard, Ore. 4,050.48 94 E. LEE ROBINSON 11125 SW Greenburg Rd. , Tigard, Ore. 4,903.66 100 E. LEE ROBINSON 11125 SW Greenburg Rd. , Tigard, Ore. 1,193.43 101 E. LEE ROBINSON 11125 SW Greenburg Rd. , Tigard, Ore. 1,193.43 106 E. LEE ROBINSON 11125 SW Greenburg Rd. , Tigard, Ore. 1,453.81 TOTAL $20,146.45 72ND AVENUE DEFI'-1IT ASSESSMENT #28 NATIONAL SAFETY CO. Route 1, Box 575M, Bvtn, Oregon $ 516.67 49a HOWARD & MARILYN BOYTE 11560 SW Fonner, Tigard, Oregon 1,043.77 49b HOWARD & MARILYN BOYTE 11560 SW Fonner, Tigard, Oregon 1,154.98 58 F. H. TOWER 635 E. Burnside, Portland, Oregon 1,234.46 66 SAMACK, INC. 14750 SW 74th Ave., Tigard, Oregon 5,277.55 68a JOHN & MARIETTA SMETS 6830 SW Bonita Road, Tigard, Oregon 605.62 68b JOHN & MARIETTA SMETS 6830 SW Bonita Road, Tigard, Oregon 1,114.34 93 E. LEE ROBINSON 11125 SW Greenburg Rd. , Tigard, Oregon 1,507.33 r. 94 E. LEE ROBINSON 11125 SW Greenburg Road, Tigard, Oregon 1,824.83 100 E. LEE ROBINSON 11125 SW Greenburg Road, Tigard, Oregon 444.12 101 E. LEE ROBINSON 11125 SW Greenburg Road, Tigard, Oregon 444.12 106 E. LEE ROBINSON 11125 SW Greenburg Road, Tigard, Oregon 541.02 115 SMETS MACHINERY CO. 3919 South Shore Blvd. , Lake Oswego, Ore. 129.21 TOTAL .$15,838.02 McDONALD STREET SANITARY SEWER L.I.D. MARTIN HUNTER & CHERYL SAMPLE 9780 SW McDonald St. , Tigard, Oregon $2,092.11 I 74TH AVENUE STREET L.I.D. P.C. & B.J. DAVIS 14905 SW 74th Avenue, Tigard, Oregon $5,922.69 G.R. & J. . KOEBER 9320 SW 74th Avenue, Tigard, Oregon 5,290.94 G.A. & A.M. NELSON, ETAL 9320 SW 74th Avenue, Tigard, Oregon 12,082.29 TOTAL $23,295.92 1 !i i( 4 l h b MEETING NOTICE The Tigard Budget Committee will hold a public hearing at 7:90 P.M. on October 4, 1982 to consider the 1982-83 fiscal year supplemental. budget. The meeting will be held at Fowler Junior High School, Lecture Boom, 10865 SW Walnut Street, Tigard, Oregon.