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City Council Packet - 06/13/1983 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate JUNE 13, 1983, 7:30 Y.M. sign-up sheet(s). If no sheet is available, FOWLER ,,UINIOR „_,, to be recognized by the Chair. Non-agenda LECTURE ROOM items are asked to be kept to 2 minutes or less and are heard at the discretion of the Chair. �® 1. REGUL_A MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff, Council b 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 of February 7, April 25, May 16 & 23, 1983 2.2 Receive Expenditures and Investments Report v 240,595.72 2.3 Ratify and Accept May 17, 1983 Election Results 2.4 Resolution 83- 48 Transferring Funds 2.5 Receive and File: o Memo Re: Legal Services o Letter from St. Anthony's o LCDC Extension Memo o Letter re: 100th Ave. Sewer Extension LID Al (see agenda it 7) o Memo re: Pygmalion Flowers o Letter re: Durham Rd/99W Truck Study 2.6 Ratify Caretaker Selection 2.7 Approve S Authorize Signatures: 0 72nd Avenue - Ident 51 Fenwick, Street Dedication 6 Easement For Utilities - $9,314.00 0 72nd Avenue - Ident 36 SPIDC, Street Dedication, Easement For Utilities 6 Construction Easement - $4.00 0 72nd Avenue - Ident 38 SPIDC, Construction Easement - $1.00 a 0 72nd Avenue - Ident 45 Peterson, Street Dedication, Easement for Utilities & Construction Easement - 3,145.30 0 72nd Avenue - Ident 117 Russel, Burdsall 6 Ward, Street Dedication d Construction Easement - $16,211.00 0 72nd Avenue - Ident 114 Subotnick, Street Dedication 6 Construction Easement - $2.00 0 72nd Avenue - Ident 52 Pac Trust 6 Washington County, Easement for Utilities - $1.00 2.8 Resolution 83- 49 Accepting Public Improvementf,, Lake Terrace #2 2.9 Approve NPO #7 Appointment of James Monroe 2.10 Approve Public Works Equipment Purchases 2.11 Approve Performance Bond and Compliance Agreement Housing Authority 2.12 Appoint Bill Munahan as CDGB Policy Board Alternate 2.13 McDonald LID Report 2.14 Jadco Status Report 2.15 Approva Cascade Blvd. Street Dedication 3. KEY TO CITY o Mary Payne - Park Board o Marjory Tominac - Library 4 o Vincent Matarrese - Library W fi o James Sidey - Library w; o Presentation by Mayor and Council 4. TRIANGLE DEVELOPMENT POLICY DISCUSSION o Director of Public Works t� _ 5. 68th PARKWAY (ATLANTIC/PACIFIC) LZD# 35 PUBLIC HEARING o (continued from May 23, 1983) o Public Hearing Reopened o Public Testimony: Proponents, Opponents, Cross Examination 0 Public Hearing Closed o Council Consideration and Action 6. 68th SEWER LID #42 RESOLUTION NO. 83- 0 Director of Public Works Postpone until 6-27-83 Fes_ PAGE 1 - COUNCIL AGENDA - JUN: 13, 1983 7. 100th AVENUE SANITARY SEWER LID #41 PUBLIC HEARING oPublic Hearing Opened O Summation by Public Works Director 71 o Public Testimony: Proponents, Opponents, Cross Examination O Public Nearing Closed , -- 0 Council Consideration and iec tl n 8. NO PARKING. ORDINANCES S.i 66th Avenue - ORDINANCE NO. 83- 8.2 Landmark lane - ORDINANCE NC. S3 / O Director of Public Works 9. URBAN PLANNING AREA AGREEMENT - Washington County o Director of Planning & Development 10. DEVELOPMENT CODE 10.1 Progress Report 10.2 ZOA Sensitive Lands Determination Public Hearing o Public Hearing Opened o Summation by Public Worcs Director o Public Testimony: Proponents, Opponents, Cross Examination o Public Hearing Closed O Council Consideration and Action 11. PURCHASING PROPOSAL O City Administrator/Frank Tepedino RECESS CITY COUNCIL 12. TURA BOARD MEETING 12.1 Call to Order fi Roll Call 12.2 TURA FY 82-83 Supplemental Budget Public Hearing o Public Hearing Opened 0 Public Testimony O Public Hearing Closed O Recommendation of Planning Director C OConsideration by TURA and Action o Resolution No. 83- 12.3 T.U.R.A. PROGRESS REPORT - Director of Planning & Development 12.4 Adjournment of TURA RECONVENE REGULAR COUNCIL MEETING 13. TURA/CITY CHARTER AMENDMENTS RESOLUTIONS 13.1 Measures #51 and #52, Res. 83- 13.2 Measure #51 Only Res. 83- 14. LOCAL CONTRACT REVIEW BOARD ACTION 14.1 P.W. EQUIPMENT PURCHASE - Resolution No. 83- 1 Supt. of Public Works 14.2 POLICE VEHICLE PURCHASE - Resolution No. 83- 1 Chief of Police 15. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair under 1.2 will be discussed at this time. All persons are encouraged to contact the city Administrator prior to the meeting. il will 90 to 16 SessionV under SESSION: 192.660 T(1)(e )(1)(f)ard city Cforctthe purpose of Litigation Executive Lit gation h Land Acquisition. l 17. ADJOURNMENT PAGE 2 - COUNCIL AGENDA - JUNE 13. 1983 TIGARD CITY COUNCIL REGULAR MEETING MINUTES - JUNE 13, 1983 - 7:30 P.M. 1 . ROLL CALL: Present: Mayor Wilbur Bishop: Councilors: Tom Brian (arriving at 7:40 P.M.), John Cook (leaving at 11:47 P.M. ) ; Kenneth Scheckla (leaving at 11:35 P.M.) and Ima Scott (leaving at 11:45 P.M. ) ; City Staff: Frank Currie, Director of Public Works ; Doris Hartig, City Recorder; Bob Jean, City Administrator (arriving at 9:07 P.M. ) ; Bill Monahan, Director of Planning & Development; and Ed Sullivan, Legal Counsel. 2. CALL TO STAFF, COUNCIL & AUDIENCE FOR NON-AGENDA ITEMS UNDER OPEN AGENDA COUNCILOR BRIAN ARRIVED: 7:40 P.M. o City Recorder requested the following adjustments to the agenda: Agenda Item 2.1, 2/7/83 minutes should be corrected Agenda item 2.13 remove McDonald LID Report Add Consent Agenda Item 2.16 & transfer agenda #14 items Local Contract Review Board Action Agenda Item 10.2 remove from agenda and cancel the public hearing o Councilor Scott requested the following items be pulled from consent agenda and be considered under open agenda: Agenda Item 2.4, Resolution 83-48 transferring funds Agenda Item 2.5, Receive and File: LCDC Extension Memo & Pygmalion Flowers Agenda Item 2.7, Approve and authorize signatures for 72nd LID Agenda Item 2.10, Approve Public Works equipment purchases Agenda Item 2.14, Jadco status report o Carl Jensen of Alpha Engineering and representing owner of proposed Gallos Vineyard Subdivision located at SE corner of SW 113th and Tigard Street submitted letter to Council requested waiver of fees for a comprehensive plan revision. The Comprehensive Plan indicates the property is zoned R-7 and they have prepared a preliminary plat based on R-5 zoning. Planning Director recommended applicant be given an opportunity to file with a waiver of fees. Motion by Councilor Brian to waive the fees, for purpose to change the comprehensive plan, without prejudice to approve. Motion seconded by Councilor Cook. Motion amended by Councilor Brian, seconded by Councilor Cook to allow 14 days to make filing. Motion, as amended, was approved by unanimous vote of Council. PAGE 1 - COUNCIL MINUTES - JUNE 13, 1983 City Attorney reported, for the record, a potential conflict of interest by having previously represented the client. from SiMMCO which deals with a P1' ni_rector referred to letter� �. _ s;,rilar situation_. He noted they would like a:1 opportu=''`y comprehensive plan change. Council took no action on this report. 3. APPROVE MINUTES OF FEBRUARY 7, APRIL 25, MAY 16 & 23, 1983 (a) City Recorder noted minutes of February 7, 1983 should be amended as follows: W OF CITY o Page 1, agenda item #6 title, HOUSINGSHOP POLICY WITH1 .',WASHINGTON [COUNTY TRANSFORTATION POLICIES] [COMMISSION MEMBERS] HOUSING AUTHORITY. O Subsection 6(a) first sentence to read Legal Counsel. O Page 3, agenda item 8(a) motion was seconded by Councilor Scott instead of [Councilor Scheckla] . (b) Motion to approve minutes with corrections as stated, Councilor Cook, seconded by Councilor Scott. Approved by unanimous vote of Council. 4. RECEIVE EXPENDITURES AND INVESTr.,sNTS REPORT: $240, 595.72 (a) Motion by Councilor Cook, seconded by Councilor Scott to receive report. Approved by unanimous vote of Council. 5. RATIFY AND ACCEPT MAY 172 1983 ELECTION RESULTS AS FOLLOWS: o Tigard "A" Levy fo-- Seniors, Police and Existing Staff Levels; Yes - 1_'10, No - 1076 votes cast. Measure passed. o Tigard "B-1" Operating Levy to Maintain Current Service Levels ; Yes - 1090, No 1159 votes cast. Measure failed. o Tigard "B-2" Police Emergency Radio; Yes - 947, No - 1300 votes cast. Measure failed. o Tigard "B-3" One Year Special Levy TCYS; Yes - 938, No - 1282 votes cast. Measure failed. (a) Motion by Councilor Cook, seconded by Councilor Scott to raiify and accept May 17, 1983 election results. Motion approved by unanimous vote of Council. 1 PAGE 2 - COUNCIL MINUTES - JUNE 13, '_983 6. RESOLUTION NO. 83-48 A RESOLUTION OF THE TIGARD CITY COUNCIL AUTHORIZING TRANSFER OF FUNDS_ (a) !Lem removed from consent agenda by C-uf1C--- l a-nd 111 be yy d' sed under open agenda, 7. RECEIVE AND FILE: o Memo re: Legal Services o Letter from St. Anthony's o Letter re: 100th Avenue Sewer Extension LID #41, (see agenda #7) o Letter re: Durham Road/99W Truck Study (a) Motion by Councilor Cook, seconded by Councilor Scott to receive and file. Approved by unanimous vote of Council. o LCDC Extension Memo o Memo re: Pygmalion Flowers (b) The above items were removed from consent agenda by Councilor Scott and will be discussed under open agenda. 8. RATIFY CARETAKER SELECTION - Mark and Sandi Erickson (a) Motion by Councilor Scott to ratify selection. Approved by unanimous vote of Council. 9. APPROVE AND AUTHORIZE SIGNATURES: 0 72nd Avenue - Ident 51 Fenwick, Street Dedication & Easement for Utilities - $9,314.00 0 72nd Avenue - Ident 36 SPIDC, Street Dedication & Easement for Utilities & Construction Easement - $4.00 0 72nd Avenue - Ident 38 SPIDC, Construction Easement - $1.00 0 72nd Avenue - Ident 45 Peterson, Street Dedication, Easement for Utilities & Construction Easement - $3,145.30 0 72nd Avenue - Ident 117 Russel, Burdsall & Ward, Street Dedication & Construction Easement - $16,211.00 0 72nd Avenue - Ident 114 Subotnick, Street Dedication & Construction Easement - $2.00 0 72nd Avenue - Ident 52 Pac Trust & Washington County, Easement for Utilities - $1.00 (a) The above items were removed from consent agenda by Councilor Scott and will be discussed under open agenda. 10. RESOLUTION NO. 83-49 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUELIC IMPROVEMENTS CONSTRUCTED WITHIN LAKE TERRACE II SUBDIVISION AND AUTHORIZING RELEASE OF THE PERFORMANCE BOND THEREFOR. (a) Motion by Councilor Cook, seconded by Councilor Scott to approve. Approved by unanimous vote of Council. PAGE 3 - COUNCIL MINUTES - JUNE 13,1983 )F JAMES MONROE (a) Motion by Councilor Cook, seconded by Councilor Scott to approve appointment. Approved by unanimous vote of Council. 12. APPROVE PUBLIC WORKS EQUIPMENT PURCHASES (a) Item removed from consent agenda by Councilor Scott and will be discussed under open agenda. 13. APPROVE PERFORMANCE BOND & COMPLIANCE AGREEMENT HOUSING AUTHORITY AND AUTHORIZE SIGNING BY MAYOR AND CITY RECORDER. (a) Motion by Councilor Cook, seconded by Councilor Scott to approve. Approved by unanimous vote ;,f Council. 14. APPOINT BILL -!-,NAHAN AS CDBG Policy Board Alternate (a) Motion by Councilor Cook, seconded by Councilor Scott to approve. Approved by unanimous vote of Council. 15. JADCO STATUS REPORT (a) The above item was removed from consent agenda by Councilor Scott and will be discussed under open agenda. 16. APPROVE CASCADE BLVD. STREET DEDICATION (a) Motion by Councilor Cook, seconded by Councilor Scott to appro»er Approve by unanimous vote of Council. 17. PRESENTATION GF KEYS TO CITY (a) Mayor Bishop noted the many years of volunteer services and presented Key to City to Mary Payne Park Board Member. He also recognized service of Marjory Tominac Library Volunteer, Vincent Matarrese and James Sidey of the Library Board and requested staff forward Keys to City. 18. TRIANGLE DEVELOPMENT POLICY DISCUSSION (a) Director of Public Works requested Council interpret the policy which prohibits commercial development under certain circumstances related to a specific major collector street construction or proximity to existing arterials. He noted 4 of the 5 property owners involved in the LID have direct access. He requested Council interpret the policy to mean that completion of LID #35 constitutes direct access to the I-5 access ramps and 99W and thereby allows development of the property being served by LID #35. PAGE 4 - COUNCIL MINUTES - JUNE 13, 1983 7NP(b) rlJohnson 6155 S.W. Bonita Rd, Lake Oswego spoke as member of the O and reported the NPO has passed a resolution to clarify the _ 1 L1L`L1LU1 L.L1C %,QU111:11 __`r C.•,2- :7�CC`:20 :ant-' SlLdh��':.�C on_:j C^o area : est of 72nd be included. The NPO also recommended deleting the last paragraph of the policy n1^ting resida ntial land. (c) Council discussed the policy noting the motivation was to get S.W. Dartmouth through and suggested they might fine tune the language. City Attorney commented Council needs to look at policy and fine tune as it applies to others areas in the Triangle. Director of Public Works suggested that as the LID projects are proposed the Council will have an opportunity to review each one separately. (d) Lavalle Allen, reported the NPO was concerned about the Dartmouth connection and that the traffic not be increased on 72nd. (e) Consensus of Council was that the LID project constituted direct access. 19. 68TH PARKWAY (ATLANTIC/PACIFIC) LID #35 PUBLIC HEARING (continued from May 23,1 983) (a) Public Hearing Reopened o Don McIntosh representing Henry and Dorothy White, Tax Lot 200 discussed the assessment formula and the allocation method noting this particular lot had a large amount of front footage and small area compared to other property owners. He noted th .s property was assessed 17% of the total cost. He stated the property owners were not opposed to the project but want to be treated fairly. o Director of Public Works stated they applied the combination formula of 50% area and 50% to frontage and that the city will participate in the amount of approximately 15% for the collector share of the street. He e_:plained how staff had tried to mitigate the inequity to the properties in applying the right of way adjustment and the assessment methods. o Way Lee, property owner, proponent for the LID, felt the right-of-way acquisition was equitable between all property owners and the assessment method fair. o J.B. Bishop, Suite 303 10505 S.W. Barbur Blvd, supported the LID on behalf of commercial property developers. He noted the 5 properties will provide early increase in value and development of property. o Frank Warren, 2310 N. Kirby, property owner of parcel 101 spoke in favor of the LID. He noted the assessment formula is difficult but feels it is fair. CROSS EXAMINATION o Don McIntosh, representing the Whites spoke again to the assessment method and requested an opportunity to work with the other property owners to work out a fair assessment. PAGE 5 - COUNCIL MINUTES - JUNE 13, 1983 v vt--i Davidson of. Cooper Engineering explained the method used and asked Council to chose a method to apply to this LID. �.+ i� o Council discussed issue and assessment formula. (b) Motion by Councilor Cook to table for 2 weeks. Motion seconded by Councilor Scott. Motion approved by unanimous vote of Council. O Staff to come back with proposals June 27, 1983. 20. 68TH SEWER LID #42 RESOLUTION (a) This item postponed until June 27, 1983. 21= S.W. 100TH AVENUE SANITARY SEWER LID #41 PUBLIC HEARING (a) Public Hearing Opened o Engineering Supt. John Hagman gave staff report and update of events since last meeting. He reported remonstrance letter had been received from Loren Tower. He noted this letter of remonstrance was not sufficient to stop the project. o Ed Demaree, 10105 S.W. McDonald, property owner shown as tax lot 3800 stated he was not opposed to the LID but requested the sewer be installed on S.W. McDonald so he would have an opportunity to participate. He spoke to the difficulty of connecting if the sewer were installed on S.W. 100th. o Loren Tower, 10040 S.W. McDonald, testified there were 4 property owners that could hookup instead of the two and referred to his letter of remonstrance. He stated he wanted the sewer hookup but does not want the line on S.W. 100th but would rather have on S.W. McDonald. o Staff discussed the alternative proposals and recommendation to serve the greatest area possible. It was suggested other property owners be contacted and that staff analyze the issues. (b) Motion by Councilor Cook to table for two weeks. Motion seconded by Councilor Scott. Motion approved by Council. RECESS 9:40 P.M. RECONVENED AT 10:00 P.M. 22. URBAN AREA PLANNING AGREEMENT - Washington County (a) Director of Planning and Development Monahan referred to memo pointing out the 4 remaining issues that need to be resolved. PAGE 6 - COUNCIL MINUTES - JUNE 13, 1983 (h) Cit-y At-t- ,-no_y S„llivan reported on two changes to be made to Che _ �- - '- B-(5 after agre elllY lltj Page / , 1tCll1 Y- ) days its L'Otibmibs107 to tl1C t-nl Vrr P-rtPd to introduction. vua.ia oaaa•�i b .... ww L Page 7, item 4-C (5) days after its fsubmission to the COUNTY Planning Commission.] be corrected to introduction. o Page 8, item 6, add subsection 4 to read: Resolution of outstanding transportation issues between the parties including: a. Consistent street classifications standards; b. The status of Durham Road; and C. The need and location of the Murray Boulevard Extension from Scholls Ferry Road to Highway 99W. (c) Councilor Brian stated some of his concerns and received clarification on some of the issues. (d) Attorney Sullivan suggested on page 3 item 4.C.1. (2) the following language be added: The need and the location of the extension of Murray Boulevard t< Pacific Highway. (e) Motion by Councilor Brian, seconded by Councilor Scott the modifications as outlined by the City Attorney be adopted. (f) NPO #3 representing Vittz Ramsdell stated his concerns regarding the transportation issues, difference in city and county comprehensive plans and effect of development before these particular issues are resolved. (g) Council and staff discussed effects of annexation and specifically the Kruger property. (h) Motion as proposed was approved by 3-2 vote of Council with Councilors Scott and Scheckla voting NAY. (i) Council continued discussion, with Vittz Ramsdell of NPO #3 offering suggested amendments. City Attorney responded to comments. (j) Geraldine Ball representing herself and DJB Inc. of 11515 S.W. 91st objected to the map used as an exhibit since it does not show her property in the City of Tigard. Staff explained base map used by County is only to indicate specific area= in the Urban Planning Area Agreement. (k) Councilor Scheckla moved to amend page 3, section 4 - b and striking (in a timely manner.) motion seconded by Councilor Brian. Approved by unanimous vote of Council. (1) Motion by Councilor Cook, seconded by Councilor Brian to approve as Camended and direct staff to draft in final form and forward to Washington County for approval. Motion approved by unanimous vote of Council. PAGE 7 - COUNCIL MINUTES - JUNE 13, 1983 f 1 23 TURA/CITY CHARTER AMENDMENTS RESOLUTIONS t t (a) Attorney Sullivan noted there were two resolutions drafted for �— Council consideration. One would submit to the voters the question initiated by the "Right To Vote" Committee and the other would submit the same issue as well as the companion measure placing a limit of $5,680,000 as the maximum amount for authorized tax increment financing without a vote of the people. (b) City Administrator commented the "vote by mail issue" had been raised. The City Attorney's office had researched issue and reported the Secretary of State's office would have to explore the method. He asked council direction on this matter. (c) Council and staff discussed proposal for measure #52 and specific language to be submitted to the voters. (d) Tony Maksym, 13565 S.W. 72nd spoke to the petition submitted by Right to Vote Committee and urged Council not to submit a companion measure. (e) Dennis Russell, 12020 S.W. 95th questioned the total bond limit and if the amount could be extended with respect to measure 52. (f) Discussion by Council and staff as to the intent and how to apply specific language. (g) Legal Counsel suggested that the following amendments be made to measure 52. Under section entitled "question" amend to read: Shall 4 the City Council be Forever Prohibited From Issuing Tax Increment Financing Bonds of More Than $5,680,000 Without a Vote of the People? o Under Section entitled "purpose" Amends City Charter to bar Council authorization of tax increment financing bonds in a total amount of € more than $5,680,000 unless voters approve. c Amend Exhibit "C", Section 45. the City Council shall not ever approve the issuance of tax increment financing bonds exceeding a total face amount of $5,680,000 unless the voters of the City approve k the issuance of such bonds. € s o Amend Exhibit "D", measure 52, change question and purpose to be same i as in ordinance. ! I (h) Further discussion by Council and staff regarding proposed amendments. E (i) RESOLUTION NO. 83- A RESOLUTION REFERRING A MEASURE TO AMEND THE CITY CHARTER TO THE REGISTERED, QUALIFIED VOTERS OF THE CITY OF TIGARD FOR THEIR APPROVAL OR REJECTION AT A SPECIAL ELECTION TO BE HELD ON SEPTEMBER 20, 1983; CALLING SAID ELECTION AND AUTHORIZING AND DIRECTING THE CITY RECORDER TO DO ALL ACTS NECESSARY OR CONVENIENT TO CARRY OUT SAID ELECTION. PAGE 8 - COUNCIL MINUTES - JUNE 13, 1983 __ ;•, _ L� C..._rlo.. Scott to adopt :: seconded by Councilor Scheckla. ;J _ .". �_.,._. —•s err. c;_ Y _ _ �e t' Motion failed by 2-3 vote of Council, Mayor Bishop, Councilors Brian and Cok voting NAY. (k) RESOLUTION NO. 83-53 A RiSOLUTIO:: REFERAT_NG TWO COMPLETING MEASURES TO AMEND THE CITY CHARTER TO THE REGISTERED, QUALIFIED VOTERS OF THE CITY OF TIGARD FOR THEIR APPROVAL OR REJECTION AT A SPECIAL ELECTION TO BE HELD ON SEPTEMBER 20, 1983; CALLING SAID ELECTION AND AUTHORIZING AND DIRECTING THE CITY RECORDER TO DO ALL ACTS NECESSARY OR CONVENIENT TO CARRY OUT SAID ELECTION. (1) Motion by Councilor Brian, seconded by Councilor Cook to adopt. (m) Motion by Councilor Brian, seconded by Councilor Cook to amend the resolution as recited by Legal Counsel. Resolutio.. as amended approved by 3-2 vote of Council, Councilors ,�` ott a:• . Scheck 3 voting NAY. (n) City Administrator requested Council direction regarding pursuing the issue of "vote by Mail". Consensus of Council was not to proceed. COUNCILOR SCHECKLA LEFT MEETING AT 11:35 P.M. 24. PURCHASING PROPOSAL (a) Frank Tepedino, representing the IPSWICH GROUP, briefly summarized his letter and proposal for services. He suggested by improving the purchasing system, it would reduce the City's contract risk and improve the operations system. (b) Council, Tepedino and staff discussed the alternate proposals and time table for implementation. (c) Motion by Councilor Brian, seconded by Councilor Cook to adopt alternative 3 for an amount not to exceed $4000. Motion approved by unanimous vote of Council present. COUNCIL RECESSED 11:45 P.M. RECONVENED AS TURA BOARD. 25. TURA BOARD MEETING All TURA Board membeis were present except Kenneth Scheckla. t 25.1 TURA FY 82-83 Supplemental Budget PAGE 9 - COUNCIL MINUTES - JUNE 13, 1983 i �i NoyidhlicJTestimony (b) Public Herring closed (c) Planning Director recommended adoption of the supplemental budget. (d) Motion by Councilor Cook, seconded by Councilor Brian to adopt the supplemental budget for FY 82-83. Motion approved by unanimous vote of Council present. TURA MEETING ADJOURNED s k COUNCIL MEETING RECONVENED COUNCILOR SCOTT LEFT MEETING AT 11:45 P.M. ted the unfinished business and requested Council 26. City Administrator no call special meeting June 20, 1983. (a) Motion by Councilor Brian, seconded by Councilor Cook to call special meeting for June 20, 1983. Motion approved by unanimous vote of Council present. s_ COUNCILOR COOK LEFT MEETING AT 11:47 P.M. 27. City Administrator stated that due to lack of quorum the proposal for new complished for FY 82-83 and the budget for FY 83-84 equipment cannot be ac will have to be amended. The following agenda items were not acted on by Council. o Resolution 83-48 Transferring Funds o Receive and File LCDC Extension Memo Pygmalion Flowers o Approve and Authorize Signatures for 72nd Avenue. 72nd Avenue - Ident 51 Fenwick, Street Dedication & Easement For Utilities - $9,314.00 Easement For 72nd Avenue - Ident 36 SPIDC, Street Dedication, Utilities & Construction Easement - $4.00 72nd Avenue - Ident 38 SPIDC, Construction Easement - $1•00 Easement For 79"1 Avenue - Ident 45 Peterson, Street Dedication, Utilities & Construction Easement - $3,145.30 72nd Avenue - Ident 117 Russel, Burdsall & Ward, Street Dedication & Construction Easement - $16,211.00 72nd Avenue - Ident 114 Subotnick, Street Dedication & Construction Easement - $2.00 Pac Trust & Washington County, Easement For 72nd Avenue - Ident 52 Utilities - $1.00 o Resolution 83-49 Accepting Public Improvements, Lake Terrace #2 o Approve NPO 4E7 Appointmer- of James Monroe PAGE 10 - COUNCIL MINUTES - JUNE 13, 1983 s i ---- Public bliWorks Equipment Purchases i i ;an Agreement Housing Authority O Approve Performance Bond a-.c C p-----ce o_ i CnGII n_ pc:nrd Alternate i lisp O Appoint Bill 'riona[Yaii co - - f n �. o McDonald LID Report F� o Approve Cascade Blvd. Street Dedication l o Approve Public Works Equipment o Jadco Status Report O No Parking Ordinance, S.W. 66th Avenue O No Parking Ordinance, Landmark Lane o Development Code Progress Report o TURA Progress Report o Executive Session to discuss litigation and land acquisition. MEETING ADJOURNED AT 11:48 P.M. DUE TO LACK OF QUORUM. City of Tigard - City order ATTEST: iA yo Tigard - Mayor PAGE 11 - COUNCIL MINUTES - JUNE 13, 1983 TIMES PUBLISHING COMPANY Legal 7_6890 P.O. BOX 370 PHONE(503)684-0360 Notice BEAVERTON,OREGON 97075 Legal Notice Advertising RECEtvEr_) • O G Tearsheet Notice i, 1 9 fi3 City of Tigard ,UN *P .O . Box 23397 G Duplicate Affidavit TIGARO Tigard, Oregon 97223 CITY OF e • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss- 1, »>san Pi nkI per being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the a newspaper' of general circulation as defined in ORS 193.010 and 193.020; published at T; Bard in the aforesaid county and state; that the Legal Notice a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for successive and consecutive in the following issues: June 9i 1983 r' Subscribed land's: fQ before /me thi Ju. 13 19 8 3 Notary Public for Oregon LEGALWWww. My Commission Exper2 3!16/8 7 <<The"followingselected itenes'ate publlll ed,for you.=inf AFFIDAVIT Further information and fall agendas mMy Ern obt8lseii Roti therf�ty R 11755 SW Ash Avenue,.Tigard,or'"i bli87223',t bY:t�8111ri8 639-41 1 3: °nrr�rrntnrern nvnrTr•.wio.ner *tea ,xi t. s.tiR ,.r JUNE.M 1MB 7-*R A F0,*1,ER JUN10jW WGH, HOOL,L iECEIJRE `. 1(>865SW WALNUT;STItSCEEx;'T#GA3tIi,dtEGON � ` • Trlangte Development.Policq Dis>russton;;; *d8th parkway(Atlentic/PacHic)';LID#3K PnbHc> Baring � . � •"t Sewdi L11D,#92 Consitieratloa t � •1. th Av*enue San tart'Ssover Ll>D#4I • iA SenshiieLands DetE +ilia' f; s s iz • T.0 R:A./City Charter Re9oihf T76890' _Ublis tun-a 9.=I9> .. Da to 6/13/83 i I wish to testify before the Tigard City Council on the following item; (Please print your name) f'AT�T Tv c+Tnrc /�lITTLTlr-rr onmrrr.Tr+go. vvuiv�.taJ arusuL vt.� run ivuiv-Iiti lVIJA 11!'M :dame, Address & Affiliation Item Description Q 03 G ae i I f { E k f DATE �,: , .. Ccunc-1 I wish to testify before the Tigard 11-s on the following item: (Please Print your inane) ITEM DESCRIPTION: Agenda Item b8th Parkway (Atlantic/Pacific)LID OPPONENT (against) PROPONENT (For) Name, Address and Affiliation Name, Address and Affiliation v� U G✓ 4fe�" i 1 DATE _ t f., before the Tigard City Council I wish to testify i on the following item: (Please Print your name) ITEM DESCRIPTION: AGENDA ITEM # { &W lU^th Averue Sanitary Sewer LID 441 OPPONENT (against) PROPONENT (For) Name, Address and Affiliation Name, Address and Affiliation Kd�F =e r d pe a ;-e 01 C)5' �i7ar-��r� c- 67/ E� l i GrJc t d�/ G^C r a �� - �O� f DATE 7`Cm 9 D�r2 � -4—nG . I wish to testify before the Tigard City Council oil th e fvil'v.,!; in ?tem: (Please Print your name) ITEM DESCRIPTION: Agenda Item #10 ZOA Sensitive Lands Determination Puhl i c PROPONENT (For) OPPONENT (against) Name, Address and Affiliation Name , Address and Affiliation tea. tr c L:. �D • � t DATE June 1J I 1y83 I wish to testify before the Tigard City Council following item: (Please Print your name) on the ITEM DESCRIPTION: TURA FY OPPONENT (against) PROPONENT (For) Name, Address and Affiliation Name, Address and Affiliation r i t.. PAYMENT OF BILLS FOR COUNCIL APPROVAL 5/31/83 PROGRAM BUDGET Community Services 1.1 Police 11,825.58 1.2 Finance & Records 4,166.61 1.3 Municipal Court 278.09 1.4 Library 1,973.10 1.5 Social Services 82.20 Tota! Community Services 18,325.58 Community Development 2.1 Public Works 19,689.42 2.2 Planning & Development 1,810.02 Total Community Development 21,499.44 Policy & Administration 3.1 Mayor & Council 658.51 3.2 Administration 1,172.47 Total Policy & Administration 1,830.98 City Wide Support Functions 4.1 Non-departmental 10,006.35 Misc. Accounts (refunds & payroll deductions, etc. ) 26,911.32 Investment 100,000.00 DEBT SERVICE 5. Bancroft Bond & LID Expenses 252330.15 UNIFIED SEWERAGE AGENCY Contract 36,691.90 C TOTAL AMOUNT OF CHECKS WRITTEN 2402595.72 01 �f^Y r7r*�rd ,;CITY OF >TIGARDpqy , v ry.— `� ~ p< y //I),O ,9� •�N'3 a a 0 WASHINGTON c�i w o< w a w o f Tj�gRa Bastion o FN �~ C N „ O MAY 17, 1983 = M pQy I page 1 of I pages =1 W ►� C0�1 < ` .yy M CCC777 ,.� U Ballo}Number y F F F V > E Name o m YES NO I YES NO YES I NO YES ( NO I ry O n 30 0 0 31 917 M < O 32 z 33 910 -Z- to O le an 35 8 /0,0 LIZ 40 !" 41 180 22 zbg 46 14 7# = s a~— S +.WN ooz o �3 �� S w 3 I V P _�IA _ N O� O e w d I i �ssi s e a. Q 0-- v 1 yc .sou •�� _ � - i Q 6 TOTAL 12 ZQ VQ/ry I O I certify that the votes recorded on this abstract cor- Signature of County Clerk: Date of Abstract redly summarize the fally of votes cast at the election I L x-,` indicated. /< ABSTRACT OF VOTES AT GENERAL AND ABSTRACT OF VOTES AT PRIMARY ELECTIONS: SPECIAL ELECTIONS: Separate sheets for Democratic, Republican, Nonpartisan, and other candidates. Votes test for Governor must be on separate Separate sheets for candidates for City, County (including precinct) page or pages. and State office. For additional instructions see ORS 250.810. For additional instructions,see ORS 249.410. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 13 1983 AGENDA ITEM DATE SUBMITTED: 6-8-83 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Resolution Transferring Funds REQUESTED BY: Finance Directo DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY Proposed transfers reflect changes discussed with Budget Committee May 19, 1983. ALTERNATIVES CONSIDERED SUGGESTED ACTION Recommend City Council approve this resolution for the transfer of funds for 1982-83. t M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: BOB JEAN, CITY ADMINISTRATOR DATE: MAY 23, 1983 SUBJECT: LEGAL SERVICES Ed Sullivan's office has done an excellent job in holding down legal service costs under budgeted targets. The exceptions to these are LID issues and litigation issues which are billed to those projects or outside budget estimates for legal services. T.U.R.A. legal costs are currently included in the City's legal expenses, but will be reversed over to T.U.R.A. 's accounts unun adoption of the 1982-83 Supplemental Budget. Attached are copies of those bills for services outside the Legal Services Budget estimate. o Administration, Council, Court, Planning, and Streets. • • $5,457.40 ($6,500 Budget): 757.00 o T.U.R.A. (to T.U.R.A. in June): 995.00 o Northwest Underground (Contingency in June): 723.12 o Killian (72nd LID): 798.46 Q Maksym (72nd LID): l o Ash/Pacific (from J.B. 's Account): 2, 15.00 o McKenzie Street_ (LID): 485.50 o Stone (LID): 102.50 o Ti ardville Heights (LID): TOTAL LEGAL SERVICES: $11,525.98 RWJ : dkr Attachments r N G 0 p0 u m C ca C y y O 0. w y sc+ A ca C PL gn, rr w 1•. U7 C .C: 00 ae X H .--i u P. J .c N c c .� W O ca X N 3 N y u s4 u T W U O E.., O c y y w O N 14 0 F co 0 G/ Z " U N c0 L u 1fiy. D E a) c w in c w y w o u > u w ccd y y y m c o H +' i u 00 f+ n s+ c v W I aye ctiy 0 I u •.� 'O G E y y w W '•'1 O I O G D 61 31 X W N N d W Z ?e A. H U [G U W d ,y c0 O c'•l O O O c �O c0 N C'1 M a M1 el M . O N 01 I en F �7w M1.. Oi N cn Oi Il T N .•-1 N m O, M1 I Ln .-� .-4 N Ln 07 N loo c'1%0 .N-1 U cli a M So O o Ln ^ oM1 o n l y O O N N N �O c c'1 N c N co a, •7 .-+ .? In u1 17 .--i .O c+l O F GiI ,pqj � o C 0 C Ivi I I .o I •o o c` C4 H Z O U 1 a I- O c0 W O v E- . 0 a\ I d c0 � l M1�I y N -4* �' w U 4 CIS Lr) 10 10 04 W co aN p] 6 1 N W u �0 r1 �O 1� N OI'DN O M N O O� c`•f cel N O NW II y nM1 10d 00 O, I to t'1 M1 ✓1 N 'O 1 �T .O -:r 4. cn d O N 10 cn I CD, O w N cr h y N c O 0 O 6 o. H H H G A y O a a6e O F 0 Z a 7 W O C N T a N P. cc cu c O O N O O .. G-•+ U y H U b a I Z c0 W U a o o a as ¢ a a H d U 3 .•7 F y C N ra•+ H H H U 6F d HO a U O E- 4 N 6 I FLD Z H Z .] EH S PHi Z rHA an D H U 6 W Pa. W a voi O .U-1 vOi H W i O'OONNELL, SULLIVAN & RAMIS cwNer orrlcK ATTORNEYS AT LAW at N.GRANT.SUITE 202 MARK P.O DONNELL CANBY.OREGON 97013 EDWARD J.SULLIVAN BALLOW 8c WRIGHT BUILDING (503) 266.1149 TIMOTHY V. RAMIS 1727 N.W. HOYT STREET - KENNETH M. ELLIOTTSALEM o►►Icc CORINNE C.SHERTON PORTLAND.OREGON 97209 (503) 222-4402 EOUITA9LE CENTER TOWER STEPHEN F.CREW 530 CENTER ST.N.E..SUITE 240 STEVEN L. PFEIFFERSALEM.OREGON 97301 SUSAN K.SCHNEIDER PLEASE REPLY TO PONTLAND OFFICE (503) 378.9191 KIRKLAND T. ROBERTS STATEMENT City of Tigard c/o Jerri Widner, Finance Director Closing Date: 5/9/83 P. O. Box 23397 EJS:SKS:mch Tigard, Oregon 97223 Re: TURA 4/13/84 (SKS) Review Monahanformat reviewoletteru }fromDriscolla&tdraftw/B $ 85. 00 response; call B. Monahan. 4/14/83 (SKS) OC w/EJS re ballot title on urban renewal; TC w/ Cox, 011ie Norville; Furrer, Bibianne Schekla; OC w/Loreen; TC from Norville re preparation of material for him; OC w/EJS re call from Cox; 185 .00 calls to Tigard. 39 .00 4/15/84 (EJS) Review consultant' s contract. (SKS) TC w/D. Hartig re questions on petition; TC to Norville on draft proposal of charter amendment; TC to B. Monahan; review consultant' s contract; 55 .00 answer Bledsoe' s questions. 4/18/83 (SKS) Review EJS comments on consultant' s contract; TC w/D. Hartig re "votes cast" for petition signatures; TC to Sec. of State' s office; research & TC to D. Hartig; TC from B. Monahan; memo on "votes cast" . 125 .00 4/19/83 (SKS) Question from D. Hartig re schedule of election; TC w/Don Forrest of Right to Vote Committee; TC 50 .00 w/Cox. 7 .50 (PM) Prepare memo to D. Hartig. 4/20/83 (DN) Finish memo to D. Hartig re initiative petition. 2.50 5/2/83 (EJS) Review & approve as to form contract between TURA 13.00 & Lyle Stewart. 5/3/83 (SKS) Question from D. Hartig & TC w/Dibianne Schekla on turning in petition without signatures attached; 15. 00 OC w/B. Monahan on officer elections. 5/5/83 (SKS) Research & prep. of memo on election of officers. 115 .00 5/6/83 (PM) Assist SKS in prep. of memo to B. Monahan re TURA 10.00 election of officers. 5/9/83 (SKS; Calculate election dates w/D. Hartig; memo to D. 55. 00 Hartig on TURA election of officers. CURRENT LEGAL SERVICES & TOTAL BALANCE DUE $757 .00 Milli 0'00NNELL, SULLIVAN & RAMIS ATTORNEYS AT LAW cwNev oFFi CK MARK P.O DONNELL 181 Ih.GRANT.SUITE 202 EDWARD J. SULLIVAN CANDY.OREGON 97013 ` TIMOTHY V RAMIS BALLOW & WRIGHT BUILDING (503) 266.1149 KENNETH M. ELLIOTT 1727 N.W. HOYT STREET CORINNE C. SHERTON PORTLAND.OREGON 97209 SALEM OFFICK STEPHEN F.CREW (503) 222-4402 EOUITABLE CENTER TOWER STEVEN L.PFEIFFER 530 CENTER Sr.N.E..SUITE 240 SUSAN K. SCHNEIDER PLEASE REPLY TO PORTLAND OFFICE SALEM.OREGON 97301 KIRKLAND T. ROBERTS (5031 378-9191 STATEMENT City of Tigard c/o Jerri Widner, Finance Director P. O. Box 23397 Closing Date: 5/9/83 Tigard, Oregon 97223 EJS: SKS:mch Re: Northwest Underground 4/11/83 (SFC) OC w/EJS & B. Jean re status of case; brief TVR re status for council meeting. $ 25.00 4/14/83 (SFC) TC w/Jim Huegli re offer rejected; conf. re summary judgment, etc. 25. 00 4/15/83 (SFC) TC w/Rob DeGraff re deposition of Gordon Wilson & discovery & summary judgment issues; review letter from Huegli. N/C 4/18/83 (KME) Review documents from corporation re defective service claim. 15.00 (SFC) Dictate & draft letter to Huegli re defenses & motion for summary judgment; TC w/DeGraff re setover. 45.00 (DHO) Conf. w/SFC; research. 30. 00 4/19/83 (KME) Review service procedures on dissolved corporation; TC w/corporation for explanation on returned documents. 35.00 (DHO) Review file. N/C (PM) Letter to Huegli. N/C 4/20/83 (SFC) TC w/Rob DeGraff re setover & deposition of Gordon Wilson & other employees. 25. 00 (DHO) Research. N/C 4/21/83 (DHO) Research. N/C 4/26/83 (DHO) Review cases re contracts v. bonds. N/C 4/27/83 (SFC) Review of opposing attorney' s motion for summary judgment; OC w/DHO. 80.00 (DHO) Research re surety bonds; travel to county law library. 60. 00 4/28/83 (SFC) OC w/DHO re summary judgment motion. 35.00 (DHO) Review motion for summary judgment. N/C 5/2/83 (SFC) TC w/Rob DeGraff; TC w/clerk' s office re pretrial . 35.00 (DHO) Research & review re summary judgment motion. 60.00 5/4/83 (SFC) OC w/DHO re memo for summary judgment; TC w/F. Currie; TC w/Rob DeGraff; review bond agreement. 75.00 (DHO) OC w/SFC; research. 125.00 5/5/83 (DHO) Begin draft of summary judgment memorandum. 15. 00 f i t � E STATEMENT - Page 2 I City of Tigard - Northwest Underground 5/6/83 (DHO) Travel to Mult. Co. Law Library; research; further $100.00 drafting of summary judgment memorandum. 210. 00 5/9/83 (DHO) Further drafting of summary judgment memorandum. I 1 $995.00 CURRENT LEGAL SERVICES AND TOTAL BALANCE DUE t s t s f 1 P l E t i r _ t.+ tg 1 f 1 y, ysF t4F i 1 t �(F 6 �(t!f 1 i 0'1„ 0 N N ELL• SULLIVAN & RAMI S cwNeY o►nci ATTORNEYS AT LAW lel N.GRANT.SUITE 204 CANBY.OREGON 97013 MARK P.O'OONNELL (503) 266-1149 ( EDWARD J.SULLIVAN BALLOW & WRIGHT BUILDING 1727 N.W.HOYT STREET SALEM OFFICE TIMOTHY V.RAMIS KENNETH M. ELLIOTT PORTLAND.OREGON 97209 EQUITABLE CENTER TOWER CORINNE C.SHERTON (503) 222.4402 530 CENTER ST.N.E..SUITE 240 STEPHEN F.CREW SALEM.OREGON 97301 STEVEN L. PFEIFFER PLEASE REPLY TO PORTLAND OFFICE (503) 376.9191 SUSAN K.SCHNEIDER KIRKLAND T.ROBERTS STATEMENT City of Tigard C/o Jerri Widner, Finance Director Closing Date- 5/9/83 p, O. Box 23397 EJS:SKS:mch Tigard, Oregon 97223 I s Re: Killian $ 5 .00 4/14/83 (IAL) Filing for SLP 4/22/83 (SLP) TC w/Dellaas re order for reViewaORCPow/KME1re� need draft order & affidavit; for neutral service; TC w/circuit court re 75. 00 immediate possession. (DN) Assist SLP in preparation of motion & order allowing 15 .00 i immediate possession & affidavit in support.service 4/25/83 (SLP) Prepare cover letter to court & necessary 45.00 instructions re service of motion; TC w/D. Hartig re check for deposit. 19 .50 { 4/26/83 (EJS) TC wa�Mi'pDeHaasatresearchstrategy- immediatt possession & (SLP) of filing prior to answer; TC 55.OG c potential liability possession. w/M. DeHaas on immediate P funds for property; l (MCH) Letter to Court Clerk transmitting 17 .50 letter to court Clerk conflicttransmitting condemnationrw/SLP. 19 .50 4/27/83 (EJS) Review lessor/lessee (SLP) Letter to court ler w/Davides forrsrevstatuspOf1t� 35.00 TC w/court 40 .00 negotiations w/Norris. possession & service. 4/28/83 (SLP) Draftmotion for immedi er court 4/29/83 & prepare transmittal 7 .50 4/29/83 (MCH) P agency. 13.00 �„�/i:.,structions to service ag 5/2/83 (EJS) OC w/SLP re status sLOf case- attachments for service; TC w/ 40.00 (SLP) Review & copy Matt Wilson, Norris' attorney• 10 .00 5/5/83 (SLP) Letter to city re condemnation deposit. from state. 2.50 (MCH) Letter transmitting receiptresearch date; 5/6/83 (SLP) TC w/circuit d possession issue re emolition of lease 40 .00 court clerk re hearing immediate p interest as possible grounds for denial. Wilson re 5/9/83 (SLP) TC W1 c- Currie re possession; TC W/M. answer; research question of computation for lessee. 50.00 $489 .50 232. 50 ,, Current Legal Services �,.aF rte. -. .-V 2 Beginning Balance hone Costs Advanced: Telephone �� ... .,11 .,, $723. 12 TOTAL BALANCE DUE J O'DONNELL, SULLIVAN a RAMIS cAner oFFlcc ATTORNEYS AT LAW 181 N.GRANT,SUITE 202 _ MARK P.O'DONNELL CANDY.OREGON 97013 } EDWARD J. SULLIVAN BALLOW & WRIGHT BUILDING (503) 266-1149 TIMOTHY V.RAMIS 1727 N.W.HOYT STREET KENNETH M. ELLIOTT PORTLAND.OREGON 97209 SALEM OFFICZ CORINNE C.SHERTON (503) 222-4402 EQUITABLE CENTER TOWER STEPHEN F.CREW ____ 530 CENTER ST.N.E..SUITE 240 STEVEN L.PFEIFFER SALEM,OREGON 97301 SUSAN K.SCHNEIDER PLEASE REPLY TO PORTLAND OFFICE (503) 376-9191 KIRKLAND T. F BEFITS STATEMENT City of Tigard c/o Jerri Widner, Finance Director Closing Date: 5/9/83 P. O. Box 23397 EJS:SKS:mch Tigard, Oregon 97223 Re: Maksym 4/11/83 (EJS) OC w/SFC & SLP; meeting w/B. Jean & T. Maksym. $ 58 . 50 25 .00 (SFC) OC w/B. Jean, T. Maksym & EJS- 4/13/83 4/13/83 (SFC) Review of Answer & Counterclaim from opposing 40.00 attorney; OC w/SLP re same. 25.00 (SLP) OC w/SFC re Answer & Counterclaim. 15 .00 4/14/83 (SFC) OC w/EJS & SLP re meeting w/Maksym. 4/20/83 (SLP) for1Answeprt& Motion; reviewAffairs EJS Bmemo reemis uMaksym aims 40 .00 conversation. 10 . 00 (SW) Memo to file re conf . w/T. Maksym of 4/11. to 4/21/83 (KME) Review & analyze w/SLP ORCP requirement re reply 20.00 affirmative defense. TC w/D. Eiartig ;SLP) Review affirmative defense & ORCP; 25.00 re truth of affirmative defense. 15.00 4/22/83 (KME) Review & analyze pleading issues for SLP. 55.00 (SLP) Draft response & research. 4/25/83 (KmE) Review & analyze joinder of defenses to condemna- 20.00 tion actiGn. (SLP) Review answer; OC w/KME re possible motion to 25.00 dismiss. (DN) Assist in preparation of reply to defendants' 5.00 counterclaim. 19 .50 4/26/83 (EJS) OC w/SLP re status & s`arties & joinder of surety (SFC). OC w/-SLP re necessary p 45 .00 company. (SLP) Review inverse condemnation claim re necessary parties & proper pleading requirements; draft 60.00 motion & answer. 20 .00 4/27/83 (KME) OC w/SLP (SLP) Further drafting of counterclaim; draft letter to Marlin DeHaas re accuracy of admissions in answer. 45.00 4/29/83 (SLP) Review joinder cases & requirements of tendering defense to contractor & surety as prerequisite to pleading; research pleading requirements of inverse 105.00 condemnation; draft Rule 29 motion to dismiss. (MCH) Prepare revised reply to defendant's counterclaim; letter to Marlin DeHaas requesting15.00 fee taking. STATEMENT - Page 2 City of Tigard - Maksym 4/30/83 (SLP) Review letter to DeHaas & answer re motion for failure to state a claim. $ 20 .00 5/3/83 (EJS) TC w/Maksym re JB Bishop. 13. 00 5/9/83 (SLP) OC w/SFC re inverse condemnation, answer & motion for summary judgment; TC w/M. DeHaas re answer. 25.00 (SFC) OC w/SLP re summary judgment & strategy. 30 . 00 Current Legal Services $776.00 Costs Advanced: Copies $ 8. 50 Telephone 1 . 16 Travel 12.80 Total Costs Advanced 22 . 46 TOTAL BALANCE DUE $798. 46 i I I�mil � t i O'DONNELL, SULLIVAN & RAMIS � ATTORNEYS AT LAW cwNBY O►rl�- MARK P.ODONNELL IBI N.GRANT,SUITE 202 EDWARD J.SULLIVAN BALLOW & WRIGHT BUILDING CANBY.OREGON 97013 TIMOTHY V.RAMIS (503) 266-1149 r KENNETH M. ELLIOTT 1727 N.W-HOYT STREET __ CORINNE C.SHERTON PORTLAND.OREGON 97209 SALEM OFrICK j STEPHEN F.CREW (503) 222-4402 EQUITABLE CENTER TOWER STEVEN L.PFEIFFER 530 CENTER ST.N.E.. SUITE 240 SUSAN K.SCHNEIDER PLEASE REPLY TO PORTLAND OFFICE SALEM.OREGON 97301 KIRKLAND T. ROBERTS (503) 378.9191 STATEMENT i i i City of Tigard c/o Jerri Widner, Finance Director P. O. Box 23397 Closing Date: 5/9/83 Tigard, Oregon 97223 EJS:SKS:mch I I Re: Ash/Pacific f Beginning Balance $1, 749 .50 i 4/25/83 (MCH) Memo to EJS from SKS re meeting Bishop, his attorneys & others. 20.00 (PEG) Delivery of materials to Roberts, Marshall & Tigard. 48 .00 4/27/83 (MCH) Memo to SKS re EJS discussion w/Robb Ball. 7. 50 5/2/83 (EJS) OC w/Ball; OC w/SKS re changes to resolution. 39 .00 (SKS) OC w/EJS; TC w/J. Widner; review of changes to resolution, Tigard Times article. 50. 00 5/3/83 (EJS) TC w/Bob Levy; OC w/SKS re Oregonian editorial, EJS memo on Ball. 32.50 (SKS) TC w/Ball re resolution; review Oregonian editorial. 25.00 5/4/83 (EJS) OC w/SKS to review status & preparation for council meeting. 19 . 50 (SKS) Memo to EJS re conversation w/Ball; redraft resolu- tion, TC w/Rogers. 80.00 (DN) Prepare memo to EJS re conversation w/R. Ball. 5.00 5/5/83 (EJS) Review SKS memo, OC w/SKS re message from Bishop. 26 .00 ! (SKS) OC :a/J. Widner, P. Martin re letter requesting delay; TC w/Marshall; TC w/R. Ball on delay; OC w/Bishop re delay. 70.00 (FM) Redraft resolution. 10. 00 5/9/83 (SKS) TC w/Ball 10. 00 3 Current Legal Services 442.50 TOTAL BALANCE DUE $2 ,192.00 j k STATEMENT O'DONNELL, SULLIVAN & RAMIS ATTORNEYS AT LAW BALL0W & WRIGHT BUILDING AREA CODE 503 1727 N.W. HOYT STREET TELEPHONE 222.4402 PORTLAND.OREGON 97209 To City of Tigard c/o Jerri Widner, Finance Director P. O. Box 23397 CLOSING DATE: 5/9/83 Tigard, Oregon 97223 EJS:SKS:mch Re: McKenzie Street LID 4/29/83 (SKS) Redraft letter to St. Anthony' s. $15.00 CURRENT LEGAL SERVICES & TOTAL BALANCE DUE $15.00 THIS STATEMENT MAY NOT INCLUDE EXPENSE ITEMS SUCH AS TELEPHONE. PHOTOCOPYING. DEPOSITIONS. ETC. FOR WHICH WE HAVE NOT YET BEEN BILLED. 0 O'OONNELL, SULLIVAN & RAMIS ATTORNEYS AT LAW cwNer orrl CK MARK P.OOONNELL 181 N.GRANT.SUITE 202 l EDWARD J.SULLIVAN BALLOW & WRIGHT BUILDING CANBY.OREGON 97013 TIMOTHY V.RAMIS (503) 266-1149 KENNETH M ELLIOTT 1727 N.W.HOYT STREET CORINNE C.SHERTON PORTLAND.OREGON 97209 SALEM OFFICZ STEPHEN F.CREW (503) 222.4402 EOUITAELE CENTER TOWER STEVEN L.PFEIFFER 530 CENTER Sr.N.E..SUITE 240 SUSAN K.SCHNEIDER PLEASE REPLY TO PORTLAND OFFICE SALEM.OREGON 97301 KIRKLAND T. ROBERTS (503) 378-9191 STATEMENT City of Tigard c/o Jerri Widner, Finance Director P. O. Box 23397 Closing Date: 5/9/83 Tigard, Oregon 97223 EJS:mch Re: Stone/LID 4/14/83 (KME) Review & analyze bankruptcy code' s application to city lien assessment, discharge of debt when creditor not named in petition; OC re foreclosure strategy & acceleration notice. $140.00 (SLP) OC w/KME re bankruptcy; review & files at Bankruptcy Court; OC w/KME re strategy; review file on spreading the assessment. 85.00 4/15/83 (SLP) OC w/KME re bankruptcy & council action before Bankruptcy Court. 20 .00 4/19/83 (KME) Review Borders-adversary proceeding documents. 15.00 (SLP) Review bankruptcy files re Border complaint to remove stay; OC w/KME on strategy; TC to city re draft letter on notice to property owners. 135.00 4/20/83 (DN) Draft of letter to Virginia Stone re delinquent tax assessments. 5 .00 4/21/83 (SLP) TC w/D. Hartig re status & further steps by city re collection notice; OC w/SKS re problems w/ Stone sewer bond; TC w/Doris re Stone; memo to Doris. 70.00 4/22/83 (DN) Memo to D. Hartig re attached letter to be sent to Virginia Stone. 2. 50 Current Legal Services $472.50 Costs Advanced: Copies 13.00 TOTAL BALANCE DUE $A85. 50 YOU MAY 13E F311 LIED LATF fF FOR ANY A0e7!T1U^JAL Costs AdVWW_ed s i STATEMENT C'DONNELL, SULLIVAN & RAMIS ATTORNEYS AT LAW ( SALLOW & WRIGHT BUILDING AREA CODE 503TELEPHONE 222-4402 . 1727 N.W. HOYT STREET � PORTLAND.OREGON 97209 t { i i i i E To City of Tigard c/o Jerri Widner, Finance Director p. O. Box 23397 CLOSING DATE: 5/9/83 Tigard, Oregon 97223 EJS: SKS:mch a Re: Ti ardville Hei hts 4/26/83 (SLP) TC w/F. Currie re negotiations & conditions of i easement; TC w/John Thomas; TC w/Jira Harris; review $ 50 .00 of file materials. assessment. 13 .00 4/27/83 (EJS) Instruct SLP to proceed re filing & 5/6/83 (EJS) Review lot & zoning configuration w/SLP re 19 .50 McWhirter. 20 .00 a 5/9/83 (SLP) TC w/John Thomas on negotiations. { $102.50 CURRENT LEGAL SERVICES & TOTAL BALANCE DUE t S [t F i t THIS STATEMENT MAY NOT INCLUDE EXPENSE ITEMS SUCH AS DEPOSITIONS. ETC. FOR WHICH WE HAVE NOT YET BEEN BILLED. TELEPHONE. PHOTOCOPYING. c 4S iy R �s t!x F F i { s I i N O to G u N u ,a[ •O N •V a a C O a• �'• ..+ a O b u N C p u =3 C a a G. H ¢ a c 7 L m C W E u a U o D 3 m � �.w F C G N a w O w N -p w cn I F+ O C Z F +~+ --� C 19 3 K1 N a V �9 W L u `L f. w •D C 'C a cD a cn 1 a a C a G 1. a a w cu > u W N 6 NC .. a m a a u .a. a a m :3 G co m N •.. H I C W o O Enc U In m C d •-+ z x w ca o o C a a a x W cn d W Z x O. H U C U w 6 i cc) o cq 0 0 l o t'1 r4 �O CO N (+1 O 01 Ln �7 t'1 N cn r1 r r v co d E. r 11 M .+ �'f 100 ( O a+ O N O c' 1ONrn w w O� NC\ TOi OJ Qr V E. r %C Ln .--� .••1 N Vl 00 CO m N x N 4 N r r U a cn rn I o O m I cn I I o l o -� N G O O N N Cico v Cl H H w n� o E� C C InC I aI I a IIli o f a E- C.0 U t V1 N O r+ O a0 'n cn O cn O r r co c0 uy a, ( Ln �/1 I O 'O vI r-1 N Ln W U cn n a co d I w N W .0 m a � m r N O N m cn W O r O r N tr W C�1 .-a f"1 r �--� N Cl t+1 N O � � N O N I <'1 uy r �D �7 r GD u1 r N OD 10 f^1 r In In v O N v In d ti N .--I I u-I I .o .a .o � .P a l+ C O N L d 6 L d 0. �0 z v) N •D W£ O v E •o w p. ►-1 C a a a o �a z � a U ..a cFn P. z as F cn ¢ b w I-r H H H U F d F cn F F U Z U z I--I O U• U O O N .-7 O z rr y z r7 F H F W H H F F d F O z d CQ oq F 5 W z W 5.1 C) F dw a cOi� .7 c=i� O .-1 Ln F m -3 E- is FRANCISCAN FRIARS PHONE: 639-4179 AREA 503 A Saint Andiony S ckLirck 9905 S. W. McKENZIE STREET TIGARD. OREGON 97223 May 13, 1983 Tigard City Council 12420 SW Main Tigard OR 97223 Council Members: This i etter i S to i ilfvrlil the Cvuit�i i that .Ci t. Anthony's is again planning it's Fiesta for 1983. The dates for the event this year are July 20, 21, 22 & 23. We will comply with all city ordinances as required. If anything further is required, please contact Toni Redding at 641-5817. Sincerely, Toni Redding, Chai an St. Anthony's Fiesta 7460 SW Hart Place Beaverton OR 97005 �7 t RECEIVED , S- Cc tc� o Jigwzd, O.iegorr - l?e&o.Luii.oa # 83-4=4 JUN 2 1983 S.W. 100;6/t fi'venue Sarzi� Sewer 6xterz&ion L -9 D # 4/ CITY OF TIGARD -7j at pab. i.,--c.on o� Reao.Cution, May 26, 1983 I }ottow.cr.$, .ice a w1u-tten obyec i wn, dated dune- 21 1983 b,a Lon.en . owe2, owner o� f Sax Lot # /00. k /. Only &ige/zA o� petition, ownenA o Jax L->t # !00 and lax Lot # 200 , a&/zed s P,t exterviion o� aewez on S.W. McldonaLd St. %e,—' i a waa not aigned by ancvne on S.W. 100#64 Ave. 2. %nopoaed p.Lan wouCd exc_Lude Jax Lot # 200 wi.;�Aout an ea&ement acwoA .ax. Lot. # 100. Said ea4.enelz#. would Ae&uLti in a.z.ql4.i..cant lo&- in value o� Jaz Lot # 100 I white inc-,reaAuzg coat o� hoofz-up moray t.imea oven. PAJaz Lot # 200 , ( appAOX- 3 ;une2 d Mance to ffwa-n .Line ). e• 3• With. a &Amten, .Lea.. expensive ex�erzaion on S.W. lf)cl�onaLd St., not 2 bud nome4. couLd be aenved. Jhe ownen&& o� .7ax Lot # 3900 and :lax. Lot # 3800 fzave tlzery wo uz u& Like to hoo/z- oto a aewe& exten ion on S.W. McDona.Ld St. k 4. StW nepoAt ,i,ndicafe& McDona-d St. .4.cati.on waa conaidn eed. Wni_ten contender con&.irCe&ab.Le coat & the Czi-y ( 11,687.00 ) wev u Ld be neco v ea.ed Z� that .Co ca;io n .i2 uaed, not ao i tAi& L 9 D �aiLz. 5• A.Lao in Via;' ca&e, entire. coat o� L 9 D would be d,'w,,Led bla 4 AomeownenA, not 2. Loren B. Jowea 10040 S.W. McDonald St. .3igand, M 97223 (503) 639-2536 June 2, 1983 Larry Rice WASHINGTON COUNTY,OREGON Director of Public Works Washington County 150 N. First Avenue Hillsboro, OR 97123 Dear Larry: I am in receipt of your communication to the Washington County Board of Commissioners dated May 9 , 1983 concerning the Durham Road/99W Truck St,idy. Please be advised that the City of Tigard did not abstain in the recommendation to request Metro and ODOT to include two policy questions pertaining to trucks on 99W and adjoining east-west city/county routes; in fact, it was the City-of Tigard that request- ed the study be conducted 'if the county was not going to restrict trucking activity at that time on the basis of existing information and established policy. Just to restate the city position on a portion of truck traffic use of Durham Road, it is as follows: It is the responsibility of the State Highway system to accommodate commercial intrastate truck traffic_ In the Tigard area this system includes primarily I-5, 217 and 99W and secondarily Hail Blvd. and Scholls Ferry Road. Trucks entering the Tigard area using these routes should not ' short cut' through Tigard using roads not intended or -designed for these uses (particularly addressing roads with predominantly residential zoning designation) . You may also want to consider, in your request to Metro/ODOT, that the origin destination data include 1-205 traffic in that it seemed to be the only valid point the trucking industry made in our meeting. That point being that trucks south bound on 99W and using I-205 and visa-versa are severely delayed without an east- west route. We have suggested that Durham Road is not that route! The City of Tualatin has come up with a viable plan, Norwood Road I-5 to 99W. We suggest that all the jurisdictions including the State and the trucking industry back this plan. Sincerely, Ift Frank A. Currie, P.E. Director of Public Works FAC/dc 12755 S.W.ASH P.O. BOX 23397 TIGARD, OREGON 97223 PH:639-4171 WASHINGTON COUNTY Inter—Department Correspondence f ^ Date May 9, 1983 To Honorable Board of County Commissioners From Larry Rice, Director of Public Works Subject Durham Road Truck Study As directed by your Board, an interested-party meeting was held on Monday, May 9, 1983, to discuss options. Present were representatives from the trucking industry, the cities of Tigard, Durham, Sherwood, and Tualatin, and Washington County. The County proposed to impose a weight and time limit on Durham Road. This was discussed and rejected by the majority of those present due -to a lack of data addressing impact and benefit of the action. Two policies are at question: 1 . Shall through trucks be prohibited from using city or county east/west roads as connectors between State or Interstate highways? 2. Shall operations hours for the trucking industry located in the area be established? For example: 5 AM to 9 PM, Monday through Saturday, closed on Sunday. Given these policy proposals, the cost impact to the trucking industry needs to be determined and impacts on other roads need to be determined. The group recommended (Tigard abstaining) the cities and the County request Metro and ODOT address these policies in their 99W Study scheduled for this next fiscal year. A special Origin and Destination Study would need to ie done for trucks. ODOT would be requested to do it. It is recommended Your Board, by minute order, take the following action: 1 . Agree to join with cities of Tualatin, Sherwood, Durham, and, hopefully, Tigard, in developing a comprehensive multi-agency solution to the trucking problems in the I-5, Highway 217, 99W area; 2. Request Metro and the Oregon Department of Transportation (ODOT) expand the 99W South Corridor Study to include truck origin and destination data in the area of Sherwood, Highway 217, 99W and I-5, and distribute such data upon the internal road system as best possible; ` 3. Request this portion of the study be completed early; APPROVED WASHINGTON COUNTI BOAitD OF COMMISSIONERS MINUTE ORDER H ....... .-.v�.6. ....—.� ) DA5...................... C, �' �- the cities , and ' 4, Using study results, agree to join with industry, the State in developing a strategy 5. Authorize the chairman to so notify Metro and ODOT. Respectfully submitted, s .0 'r Larry Rice 1 z 's LR:ja:2:2 cc: Earl Reed, ffic Engineer (Washington County) City of Durham City of Sherwood City of Tigard City of Tualatin I i h I s i t( i Page 2 Board of Commissioners Durham Road Truck Study APPROVED WASHINGTON COUNTY May 9, 1983 BOARD CT C01,1pMISSIONERRS J,:INUTE ORDEiA k .............. S_-i.. ...-.,8�.. Dl AT ...-p.. --: i CITY®F TIVARD WASHINGTON COUNTY.OREGON MEMORANDUM 1 TO: Members of the City Council E FROM: William A. Monahan, Director of Planning & Development 4 DATE: June 2, 1983 SUBJECT: L.C.D.C. Extension f Attached please find a memorandum from James F. Ross, Director of the Department of Land Conservation and Development which notes that Tigard will receive another 90-day extension on its comprehensive Cplan. The extension is due to LCDC's need for additional time to review pending applications. I I expect that we will be in a position to make formal submittal Of our full comprehensive plan and development code sometime within the new ninety day extension. You should be aware thatupon aformal submission it is entirely likely that LCDC will grant our extension for their review. I am, however, optimistic end of the documents will be reviewed prior to the e year. Copies of our completed documents have been delivered to our LCDC field be in representative, Jim Sitzman, in order that initial reviews may g prior to formal submittal. Again, due to potential delays at LCDC's level, it could be some time before the review is complete. No Council action is necessary at this time. 1 i 12755 S.W.ASH P.O. BOX 23397 TIGARD,OREUON 97223 PH:639-4171 „` •r. o Department of Land Conservation and Development VICTOR ATIrEM 1175 COURT STREET N.E., SALEM, OREGON 97310 PHONE (503) 378-4926 M E M O R A N D U M May 26, 1983 TO: Land Conservation and Development Commission FROM: James F. Ross, Directolzif/ SUBJECT: ITEM 11.0: EXTENSIONS OF TIME FOR ACKNOWLEDGMENT REQUESTS I. ACTION NEEDED Adoption of appropriate time extension orders for the jurisdictions listed below. II. SITUATION A. Beyond 90-Day Extensions A time extension will be needed for the following jurisdiction(s) because more than 90 days will again elapse between the date of i submission and Commission review: Ashland Philomath - Canyon City Seneca Columbia City Sumpter - Lane um terLane County T Mt. Vernon Troutdale _ Pendleton Warrenton B. Extension of Continuance Periods Endina Date of New Date of Jurisdiction(s) Continuance Continuance Brookings 05/13/83 10/10/83 Coos Bay 05/27/83 06/30/83 Curry County 05/13/83 10/10/83 Gold Beach 05/13/83 10/10/83 Hillsboro 05/13/83 08/11/83 Hood River County 10/25/82 09/01/83 La Grande 03/30/83 09/01/83 Tangent 02/14/83 07/14/83 Tillamook 05/27/83 08/27/83 Tillamook County 05/27/83 08/27/83 ( Vale 04/06/83 08/04/83 (*Letters requesting extensions of continuance periods are attached. Length of extension in memo may differ from the request.) t Time Extension Memo May 26, 1983 Paoe 2 C. Lane County/Euoene/Springfield Metropolitan General Plan In August 1982, the Commission acknowledged the Lane County/Eugene/Springfield Metropolitan General plan for the area within the regional UGB. As part of its action the Commission also s for the portion of the Metro Plan continued these three jurisdiction etro Plan's jurisdictional boundary. lying outside the UGB out to the M While the acknowledgment order was properly provided, due to an oversiaht, the Department failed to issue the continuance order. In February of this year, the Lane County Coordinator wrote (see attached) the Department inquiring as to the status of the w of the files by Department staff confirmed continuance order. Revie er been issued for this area of the that the continuance order had nev Metro Plan outside the UGB. Because of the interval since the Commision's August 1982 action, the Department requests that the Commission: 1. Reconfirm its previous continuance action for Lane County/Eugene/Springfield for Goals 3, 4, 5, 11 and 15 for the area between the UGB and the Metro Plan's jurisdictional t boundary and r 2. Authorize a continuance extension from August 23, 1982 to a date 150 days beyond the June 2-3, 1983 meeting. It is the Department's understanding that additional time beyond this new 150-day period may be necessary to allow the County to incorporate revisions for this portion of the Metro Plan into the time frame for compliance revisions for the rural area plan. Any E such request for more time would have to be authorized by the Commission at a future meeting. III. RECO1rMENDATION i A. Beyond 90-Day Extensions A. necessar For jurisdictions li to un erIIbased uponathetfollowingy time extensions Pur extenuating circumstance finding: The Commission finds that extensions of time for the above listed jurisdictions are necessary because of the following extenuating circumstances. Due to the significant amount of staff time necessary to process the numerous acknowledgment requests and the time required to obtain needed compliance revisions, the Department is unable to review the requests and prepare staff recommendations within the required 90-day time r period. i Time Extension Memo May 26, 1983 � Page 3 B. Extension of Continuance Periods For jurisdictions listed un epursuantatovSectiopt6nofe0ARr660-U3-025 continuance e based upon the following finding: The jurisdictions have requested (Jee provaleletters) o` extensionsdoflthel time under the continuance orders. APP continuance periods is appropriate and will facilitate the jurisdictions' efforts to complete their compliance corrections to receive acknowledgment. C. Lane Count /Eugene/Sprinn field Metropolitan General Plan 1. For these three jurisdictions, reaffirm the continuance action of August 1982 adopted for the area between the Metro UGB and Metro Plan's jurisdictional boundary for Goals 3, 4, 5, 11 and 15. 2. Issue appropriate continuance order pursuant to section 6 of OAR 660-03-025 (see proposed order attached). ThP nepartment will prepare and execute the above extension orders under authority granted Pursuant to OAR 660-02-U1u(7i. Attachments JFR:JBK:tmc E 4145B-1/6B ¢ s f s i f f 4 . i i } RECEIVED o� JigaAd, 0-tenon - 2e w Lat i_on # (�,3-44 JUN 2 1983 S.W. /00th Avenue Sari tapy Seme t ex&jwi.on Z 9 # 4/ CITY OF TIGARD 3iA&Z puhGicaUon o� Re.:o&ti.on, May 26, /983 j 36L wing .c,& a wAZEten ob fectrioriy dated gune 2, /983 6y Logen 7owea, owner. o� ?ax Lot // /o0. /. Only &.cite iA o,1 peUi&Eon, oune & o,1 lax Lot # /00 and lax Lot # 200 , a&hed ,Zoa extension o� &ewet on S.W. McDonald St, %etiti.on uAz& not ai ned by arujone on S.W. /00.:6A Ave. 2. %nopoa.ed Ptah avaid exclude 7ax Lot # 200 without an eaaement acJwa& 7ax Lot. # /00. Said ea&ement uouCd te4 Llt za .Lo.& in vaLue o� .ax Lot # /00 w1 i.Le inc-otea& ng co&t o� hoofs-up many times oven. Pa. .7ax Lot # 200 , ( appvzox. 3 timeA di&tance to main .Line ). 3. With a &Aontea, .Lem expert ve ex;f_enn.ion on S.W. Mcdonald St., not 2 but 4 ;^ home& could 6e &e-..ved- The owneAA o� 7ax Lot # 3900 and lax Lot # 3800 have in Ulc,z ed Me"_ uvuLd like to hook-up to a .&ewest exten�on on S.W. Mcdonald St. 4. Stage tepoirt indi.aate& Mcdorudd St. .Location ung. conAzaleaed. Wiuten, contendA corrdidenabLe coat to the Litt' ( $1,687.00 ) would 6e necovened ii' Mf .Location Z& used, not ao 4 t/ti,& L .9 D &U&. 5. A.L&o in that cane, entire coat o� L .9 0 uouLd 6e &AzzAed 6t' 4 homeownevl., not 2. Logen B. .lowe r. /0040 S.W. Mcdonatd St. 7iga4d, 0? 97223 (503) 639-2536 i C17 OF TIGARD WASHINGTON COUNTY,OREGON MEMORANDUM TO: Members of the City Council FROM: William A. Monahan, Director of Planning & Development DATE: June 6, 1983 SUBJECT: Pygmalion Flowers - Conditional Use CU 4-82 Councilor John Cook recently requested a report on the conditions placed'' CLQ«��7 of a condi Apr— on Pygmalion Flowers in 1982 upon issuance conditional use. er of my staff researched the conditions and ant attempte tocnotifyo se owner have record of the failure of the app been advised by Attorney Fred Anderson that the former iswner, Mrs. Mathe S, Vincent is now deceased. The property in q Vincent estate. The conditions placed on the property run with the land. We hope to receive s. futuclarificationemtheeactionsewhichves willfbertakenntonmeetethete in the conditionsear future concerning placed upon them. Copies of the pertinent documents are attached. l . 12755 S.W. ASH P.O. BOX 23397 TIGARD,OREGON 97223 PN:639-4171 CITY OF T117ARD WASHINGTON COUNTY.OREGON April 22, 1983 May S. Vincent P.O. Box 2971 Portland, Oregon 97208 Dear Mrs. Vincent, The City of Tigard Planning 'Department has received a complaint regarding the conditions placed on approval of Conditional Use CU 4-82 approved on March 22, 1982 by the Tigard City Council. IThe staff has made an inspection of the site and found that none of Ithe conditions of approval has been met. A copy of the required conditions has been attached for your information. Please submit an outline to the City Planning Department outlining a program for the completion of the conditions. All conditions must be met within thirty (30) days. A copy of this letter has been forwarded to the City's Code Enforcement Officer. If all the conditions have not been met in thirty (30) days, we will have no choice but to direct the Code Enforcement Officer to issue a citation. Please contact me if there are any questions regarding this matter. Sincerely, iL z ewton Associate Planner LN:pjr i 12755 S.W. ASH P.O. BOX 23397 TIGAIID. t)IIEGON 9722;1 PH 639-4171 r CITY OF TIGARD, OREGON Ids RESOLUTION No, 82-28 N RE: APPEAL OF PYGMALION FLOWERS. b!lbbF �� WHEREAS, on March 8, 1982, per Resolution No. 82-24 , the Tigard. City F` ouncil called up the decision of the Tigard Planning Commission in Conditional se CU 4-82. This case involved the application of Tim A. Settlemire , doing us. ess r:s Pygmalion Flowers, for a florist shop on property owned by May Vincent, addressed as 12035 SW Pacific Highway, Tigard, Oregon, and Iso described as Washington County Tax Map 2S1 2AA, Tax Lot 1000; and i i WHEREAS, the grounds for review were set forth in Council Resolution No. is 2-24. After review of the record, it is ORDERED that the Final Order of the Tigard Planning Commission, together yith the Findings, Conclusions , and Conditions be , and the same are hereby ; affirmed in all respects with the following exceptions to the Conditions of approval: 1. Subsitute for Planning Commission Condition No. 1, the following: ` "All curb cuts onto Pacific Highway shall conform to City of Tigard street improvement standards. In addition, all curb cuts onto ( Pacific Highway shall be improved with speed bumps for the length of each curb cut." • 2. Eliminate the first sentence from Condition No. 2. and it is further ORDERED that the Planning Director be , and he h�;-eby is , authorized and directed to file this final order in his files and those of the City Recorder f and tb give notice of this final order as prescribed by Section 18.84.130 f of the Tigard Municipal Code. DATED: this 22nd day of March, 1982. i 7? President of Council - City of Tigard aTIEST: —i�_•iii de= — City of and i md i STAFF REPORT AGENDA 5. 5 TIGARD PLANNING COMMISSION March 2, 1982 - 7:30 p.m. Fowler Junior High - Lecture Room 10865 SW Walnut, Tigard February 18, 1982 No submission of additional material by applicant shall be made at this Public Hearing unless the applicant is requested to do so. Should this occur, unre- quested, the item will be tabled until the following hearing. DOCKET: Conditional Use, CU 4-82 (Tim Settlemire) NPO #2 APPLICANT: Tim A. Settlemire OWNER: May S. Vincent 306 S. Chehalem St. P.C. Box 2971 Newberg, Oregon 97132 Portland, Oregon 97208 E REQUEST: For a Conditional Use permit to locate a florist shop in a C-3 General Commercial Zone. k APPLICATION DATE: February 5, 1982 SITE LOCATION: 12035 SW Facific Highway (Washington County Tax Map 2S1 2AA, lot 1000) . r t PREVIOUS ACTION: none FINDINGS OF FACT: 1. The site is zoned C-3 and is designated General Commercial on the NPO #2 Plan Map and the City of Tigard Comprehensive Plan. 2.. The City of Tigard Municipal Code allows any conditional or permitted use in a C-4 zone excepting mobile home parks as a conditional use in a C-3 zone. Florist or flower shops are permitted in the C-4 zone. 3. The applicant proposes to locate the flower shop in an existing building. There is water and sewer available. Adequate parking is available. 4. The current access from Greenburg Road to the .site is within five feet of the intersection of Greenburg and Pacific Highway. City Code requires that access drives be located at least 30-feet from the property line at the inter- 1 section of two streets. (Reference Code Section 15.04.080) 5. Currently, there are two accesses to the site from SW Pacific Highway. One of the access points is located within five feet of the intersection of Pacific Highway and Greenburg. "t C6. Applicable policies from the NPO #2 Plan are as fellows: Policy 28: In the interest of safety and efficiency, the number of highway access points must be kept to a minimum. Wherever possible, businesses on Pacific Highway should be clustered and share common parking facilities and CU 4-82 Page 2 f driveways. As new development occurs, the number of access points should not exceed the number necessary for property on-site traffic circulation and, where possible, should be combined with access to adjacent businesses. CONCLU IONc: 1. The site is zoned in conformance with the NPO #2 Plan Map and the City of Tigard Comprehensive Plan. 2. Florist shops are allowed as a conditional use in the C-3 zone under the 1 provisions of the Tigard Municipal Code. (Reference Code Sections 18.28.020; 18.32.010) 3. Adequate parking and services are available to serve the site. 4. The current access from Greenburg Road to the site presents a potentially dangerous traffic situation. After careful review, it is staff's opinion that the access from Greenburg Road to the site should be eliminated. 5. Currently, there are two access points from Pacific Highway serving the site. The access point nearest the inteL•zection with Greenburg Road should be eliminated. -The remaining access will provide adequate access to the site and will allow on- site traffic circulation and access to SW Center Street at the rear of the pro- perty. STAFF RECOMMENDATIONS: Staff recommends approval of Conditional Use, CU 4-82. Staff suggests findings as follows to support 'approval: 1. The Planning Commission finds the proposed florist shop is appropriate for this location after evaluating services available, site access and traffic im- pacts. 2. A florist shop is allowed as a Conditional Use in a C-3 zone. (Reference Tigard Municipal Code Section 18.28.020, 18.32.010) Staff recommends the following conditions be attached to approval of CU 4-82: 1. The access from Greenburg Road to the site shall be eliminated. A standard street curb shall be constructed along Greenburg Road the length of the property. 2. ThP acce_ -- _ f_G H ghv i-6-- the-irrte-rsect-±on�ith-C.eenburg -shall A standard curb shall be constructed to align with the existing curb along Pacific Highway. 3. Construction plans. for the curb improvements shall be submitted to and approved by the City of Tigard Engineering Division. Site drainage plans shall be submitted with the curb improvement plans to insure adequate on site drainage. 4. The parking spaces in front of the existing building shall be restriped to indicate head-in parking rather than angle parking. t.ge t 5. Potholes in the existing parking area shall be patched with asphalt. Prepared by: Approved Ali beth A. Newtdn/ Frank A. Currie Associate Planner Planning Director l - L • Yi June 2, 1983 �/ _ P �1 7 I ®F 1'VARD WASHINGTON COUNTY.OREGON Larry Rice Director of Public Works Washington County 150 N. First Avenue Hillsboro, OR 97123 Dear Larry: I am in receipt of your communication to the Washington County Board of Commissioners dated May 9 , 1983 concerning the Durham Road/99W Truck Study. Please be advised that the City of Tigard did not abstain in the recommendation to request Metro and ODOT to include two policy questions pertaining to trucks on 99W and adjoining east-west city/county routes; in fact, it was the City of Tigard toare request- city/county restrict ed the study be conducted 'if the county was not going trucking activity at that time on the basis of existing information and established policy. Just to restate the city position on a portion of truck traffic use of Durham Road, it is as follows: It is the responsibility of the State Highway system to accommodate commercial intrastate truck traffic. In the Tigard area this system includes primarily -I--5, 217 and 99W and secondarily Hall Blvd. and Scholls Ferry Road. Trucks entering the Tigard area using these routes should not ' short cut' through Tigard using roads not intended or designed for these uses (particularly addressing roads with predominantly residential zoning designation) . You may also want to consider, in your request to Metro/ODOT, that the origin destination data include 1-205 traffic in that it seemed to be the only valid point the trucking industry made in our meeting. That point being that trucks south bound on 99W and using I-205 and visa-versa are severely delayed without an east- west route. We have suggested that Durham Road is not that route! The City of Tualatin has come up with a viable plan, Norwood Road I-5 to 99W. We suggest that all the jurisdictions including the State and the trucking industry back this plan. Sincerely, • Frank A. Currie, P.E. Director of Public Works FAC/dc 12755 S.W.ASH P.O. BOX 23397 i'iGARD, OREGON 97223 PH:639-4171 WASHINGTON COUNTY f" bacr—Dcpartincnt Correspondcncc ti Date May 9, 1983 To Honorable Board of County Commissioners Larry Rice, Director of Public Works From Subject Durham Road Truck Study directed by your Board. an interested-party meeting was held on Monday, As di May 1ted to discuss options. Present were representatives from the trucking industry, the cities of Tigard, Durham, Sherwood, and Tualatin, and Washington County. The County proposed to impose a weight and time limit on Durham Road. This was discussed and rejected by the majority of those present due to a lack of data addressing impact and benefit of the action. 3 Two policies are at question: 1 . Shall through trucks be prohibited from using city er county east/west roads as connectors between State or Interstate highways? 2. Shall operations sshed?the Fortrucking example�nd6sAMytolocated PMa in the area be establ Monday through Saturday, closed on Sunday. Given these policy proposals, the cost impact to the trucking industry needs to be determined and impacts on other roads need to be determined. 1 • s' The group recommended (Tigard abstaining) the cities and the County request ies in their 99W Study scheduled for Metro and ODOT address these polic special Origin and Destination Study would need this next fiscal year. A to be done for trucks. ODOT would be requested to do it. Itis recommended Your Board, by minute order, take the following action: 1 . Agree to join with cities of Tualatin, Sherwood, Durham, and, hopefully, Tigard, in developing a comprehensive multi-agency solution to the trucking problems in the I-5, Highway 217, 99W area; 2. Request Metro and the Oregon Department of Transportation (ODOT) expand q } the 99W South Corridor Study to include truck origin and destination data in the area of Sherwood, Highway 217, 99W and I-5, and distribute { Stich data upon the internal road system as best possible; { portion of the study be completed early; 3. Request this APPROVED WASHINGTON cOUNTl BOARD OF Co%lmisSIONERS MINUTE ORDER H ....... -•''�,�6• ---••.-- -� 7.'. .... � /� DAF. _........i....�...... 4. Using study results, agree to joi with industry, the cities, and the State in developing a strategy for the area; 5. Authorize the chairman to so notify Metro and ODOT. Respectfully submitted, Larry Rice LR:ja:2:2 cc: Earl Reed, Traffic Engineer (Washington County City of Durham City of Sherwood City of Tigard City of Tualatin Page 2 �. Board of Commissioners Durham Road Truck Study APPROVED WASMINGTON COUNTY May 9, 1983 BOARD CF COIIM.ISSIONERRss t,'INUTE OR,-.ER a ....... June 2, 1983 MEMORANDUM TO: Mayor and City Council FROM: Bob Jean, City Administrator SUBJECT: Caretaker Selection z This item was continued from the last meeting. The previous caretakers, Mr. and Mrs. Yohn, have moved their trailer and are out. The Park Board has their recommended Mr. and Mrs. rickson who are the prepared toofo therew agreements• and assume their contract me that she preferred anott oldert with them and couple. Actually under all dtheoresponsibilities wof 1 thenew contrare contract, I would be hesitant about an older couple responsible for so many physical duties additional to just security. Councilor Cook has indicated his d's recommendation. I recommend that Council ratify support for the Park Boar € the Erickson appointment and direct staff to enter into the contract. f M E M O R A N D U M TO : Bob Jean FROM: Jerry McNurlin4�11 SUBJECT : Caretaker Position for Cook Park DATE: May 20 , 1983 After interviewing two couples for the Caretakers position for Cook Park, we came up with Sandy and Mark Erickson as the final- ist . They were invited to the Park Board meeting where we talked with them. The Park Board agreed that they were right for the job . Mrs Scott and Mr . Cook were invited to be present at the Board Meeting , however, Mr . Cook was unable to attend , but Mrs . Scott agreed that the Erickson ' s were right for the job . JM/tb M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: LINDA SARGENT, ADMINISTRATIVE ASSISTANT DATE: MAY 16 , 1983 / SUBJECT: CARETAKER SELECTION The top two Caretaker candidates were interviewed by Jerry McNurlin and Frank Currie on May 13 . The finalists selected were Sandi and Mark Erickson. The Ericksons are formerly park hosts in the City of Corvallis. Reference checks, an additional interview and visit to Cook Park will be completed before an agreement is executed. STAFF RECOMMENDATION An agreement for Caretaker Services be executed between the City and the Ericksons subject to the outcome of reference checks and site visit. If Council desires to meet the Ericksons prior to the execution of the agreement, please advise accordingly at the Council meeting of May 16. LS dkr CARETAKER. AGREEMENT day of , 199 THIS AGREEMENT is made on the i by and between the CITY OF TIGARD, a municipal corporation of the State of 0 er referred to as "City", and Oregon, hereinafta hereinafter referred to as "Caretaker"; c W I T N E S S E T H: owns and operates a public park within the WHEREAS, the city t jurisdictional limits of the City of Tigard adjacent to the Tualatin River known as Cook Park, and - - ry for the City to secure Cook Park on a 24-hour WHEREAS, it is necessa basis and to maintain the park grounds and buildings, and WHEREAS, the City and the Caretaker desire to enter into an agreement outlining the duties of the Caretaker and of the City, NOW, THEREFORE, the parties agree as follows: i. Duties of Caretaker. The Caretaker's duties shall include the following: (a) The Caretaker shall be responsible for the general security of all buildings and the parking and picnic grounds within the City Park. The Caretaker shall report immediately to the police department or other appropriate official of the City any incident or occurrence which may or has resulted in damage to City property. (b) The Caretaker shall notify the Public Works Director of the Caretaker's intent to be absent from the premises for a period longer than three (3) days and such notice shall be given no less than seven (7) days prior to the absence. In case of - urgency absence by the Caretaker from the premises, the Caretaker is to notify the Public Works Director or the Police -1- Co advise them of the emergency and, if possible, to Department by telephone, leave a telephone number where the Caretaker can be reached. days be absent from The Caretaker shall not Cook Park for more than The Ist- at a time and days total from March 1st through November 1st. ok park overnight more than Caretaker shall not be absent from Co days November 1st through at a time and days altogether for the period from end of the summer season March 1st2 or the beginning and the as determined by the City Council. (c) The Caretaker shall clean and maintain the park restrooms the restroom supplies daily. As necessary, the including the restocking ' Caretaker shall prepare the restroom for the winter and summer seasons. � fallen ? (d) The Caretaker shall collect trash and debris, including from the park grounds. Trash and debris so collected shall be placed limbs, ( ed or designated by the City for in appropriate receptacles or locations provid this purpose. the shrubbery beds in the Par (e) The Caretaker shall maintain including weeding. The Caretaker shall spray for weeds and irrigate i bout the park as directed. landscaped areas throug (f) In addition to the regular duties above, the Caretaker shall work not less than eight (8) hours per month on general park maintenance projects ecific hours designated from time to time by the Public Works Director. The sp reed eneral ark maintenance project shall be ag for the accomplishment of the g p ossible, the to by the Public Works Director and the Caretaker. Whenever p project will be scheduled two (2) weeks in advance of the proposed work period. In scheduling maintenance projects due consideration shall be given to the schedule of the Caretaker's principal employment and the City's need to rovided the i. coordinate with other City employees. The Caretaker shall e P -2- tools listed in Exhibit "A", a copy of which is attached hereto. The tools shall be checked out to the Caretaker by the City Shop Manager. (g) Pursuant to Section 7 of this agreement, it shall be the Caretaker's duty to complete a report at the end of each month and submit it to the City Administrator on or before the 5th day of the following month. The form of the monthly report is attached hereto as Exhibit "B", but may be amended from time to time by the Public Works Director. 2. City's Duties. The City shall be responsible to provide and perform the following items: (a) The City shall provide space approximately feet by feet at and utility hook up including water and sewer for a mobile home, for use as the Caretaker's personal residence while this agreement shall remain in force. (ORS 91.875(1) , (2)(a). ) (b) The City shall provide all materials necessary for the performance of the Caretaker's duties. (c) The City shall provide a supervisor on an as-needed basis for all maintenance projects required to be done. (d) The City shall periodically dispose of all trash collected and placed in the trash receptacles. (e) The City shall provide regular police patrols and police support as requested. (f) The City shall pay for any garbage collection costs. (g) The City shall pay for all utilities except telephone and heat. 3. (a) Status of Caretaker. The Caretaker shall not be considered a City employee, but rather an independent contractor who shall himself be responsible for all withholding tax payments to be made to the State or Federal governments, payments for Workmen's Compensation as required, payments -3- to the State UnemploymenL Fund, if required, and any and all other deductions that may be required to be made by a Contractor doing business i the City of Tigard. (b) Status as a Tenant. The tenancy created here is tenancy from month-to-month. 4. Scope of Authority. The Caretaker shall not be authorized to make purchases on behalf of the City or to make any promise on the City's behalf. The Caretaker shall not have the authority to control, supervise or direct any City employee unless specifically authorized to do so by the Public Works Director. 5. Conduct of Caretaker. The Caretaker acknowledges that he or she is not vested with any police power of the City. If a violation of a park rule is obsezved by the Caretaker, he or she shall advise the principal violator of his transgression. The Caretaker's authority to arrest- shall be the same as any private citizen. 6. Park Gates. Unless otherwise specified by the Public Works Director or City Administrator, the park gates shall be opened each day at 7:00 a.m. by the Caretaker and closed each day at dusk from to each year. 7. Monthly Reports. A report shall be submitted by the Caretaker to the Public Works Director at the end of each month as set forth above. Any services in excess of the services required by this agreement and which services have been agreed upon in advance by the City Administrator, may be carried forward to future months but may not be converted to cash or any City obligation beyond this agreement. 8. Supervision. The Caretaker acknowledges that he is directly responsible to the Public Works Director. The Caretaker shall not perform any -4- III i EXHIBIT "A" (� CARETAKER AGREEMENT { The following is a list of tools to be furnished to the Caretaker to fulfill I the Caretaker's contract. ft 1 t BASIC TOOLS MISCELLANEOUS TOOLS (a) Utility Broom (a) Hammer g (b) Utility Shovel (b) Saw [ (c) Garden Rake (c) Screw Driver (d) Garden Hoses & Nozzel (d) Wrenches (e) Wheel Barrow (e) Drill & Bit (f) Utility Ladders (g) Hand Pruner (h) Pole Saw (i) Pole Pruner G -�J Basic tools are used on a daily basis. Miscellaneous tolls are used on an as needed" basis. Spray tanks, insecticides, and other such specialty itews (power saws, chain saws, etc. ) shall be furnished by the City upon proper requisition by the Caretaker. � All basic and miscellaneous tools noted above shall be the Caretaker's full 4 responsibility. (0513A) ,r = t4 0[[ i • k ' k . i t reement unless the work work on general park maintenance projects under this ag E The public Works has been specifically approved by the Public Works Director. q time delegate h Director may from is authority and supervisory time ` to c , on notification of other members of the Director's staff. responsibility to up person ty, the Caretaker shall such delegation of authoricooperzte with the P ! g who has been delegated such authority. the purpose of determining 9. E uivalent Rent Consideration. For the Pur p fqr income tax rental value of the space for the Caretaker's mobile home and ' purposes, the value of the Caretaker's services shall be deemed the fair arable space. market value per month of comp agreement upon 10. Termination. Either party hereto may terminate this other party thirty (30) days written notice in advance of the ; giving the days after terminate. upon the expiration of thirty (30) Y party's intent to given, this agreement shall be deemed terminated. Any m the notice has been g tenancy on a holding over thereafter by the Caretaker shall be deemed a month-to-month basis and a monthly rental equal to $350.00 per month and utilities. agreement on the IN WITNESS WHEREOF, the parties hereto have signed this day and year first above written. MAYOR -- CITY OF TIGARD CARETAKER 1 CARETAKER CITY ATTORNEY (0513A) -5- i I i MEMORANDUM TO: Mayor and Council FROM: Linda Sargent, Administrative Assistant RE: Caretaker Recruitment DATE: May 11, 1983 The City has received four letters of interest and applications for the Caretaker position. Two responses were received from the ad placed in the Oregonian and two from the ad in the Mobile Home News. Interviews with Jerry McNurlin and Frank Currie will be conducted on May 13 with the top two candidates. 1 i M E M O R A N D U M i i TO: MAYOR AND COUNCIL MEMBERS z M FROM: LINDA SARGENT, ADMINISTRATIVE ASSISTANT(� ! "/J i DATE: APRIL 29, 1983 4 SUBJECT: CARETAKER AGREEMENT ! t Attached for your consideration is an Agreement for Caretaker services. The following is a chronology of events that have necessitated the drafting of such an Agreement: 7/16/71 City has an Agreement with Henry Yohn for services at Cook Park. 10/15/81 Mr. Yohn leaves the City's employ. 3/12/82 Mr. Yohn's attorney regarding compensation for services. 3/31/82 Response to Mr. Yohn's attorney. 5/7/82 Response from City rejecting offer of compensation. 7/7/82 Mr. Yohn expresses interest in selling mobile home to City and informs the City of his intention to vacate the Park. ( 7/20/82 Staff reports to Council on mobile home issue. 7/29/82 Staff responds to Mr. Yohn regarding 7/7/82 letter. 8/5/82 Park Board recommends to Council that the mobile home not be purchased; a Caretaker be recruited; and develop an Agreement for services. 8/23/82 Council approves Park Board recommendation. 9/27/82 Staff communicates with Mr. Yohn of Council's 8/23 decision, accepting the Yohn's notice to vacate and informing the Yohn's of the City's plans to recruit a Caretaker. 11/1/82 Anticipated date of Mr. Yohn's moving from Cook Park. During November, the Yohn's did not relocate as Mrs. Yohn was hospitalized. Since Cook Park is closed during the Winter months, staff did not pressure the Yohn's to leave the Park. The City Attorney's office has advised Staff that a 60 day notice terminating tenancy must be delivered to the Yohn's in person. Such notice was g;.ven on March 1, by Jerry McNurlin. On May 11, the departure date was moved to May 30 to accommodate the Yohn's relocation to the coast. Recruitment for a successor Caretaker has been completed. Interviews are scheduled for the week of May 9. The Public Works Department and City Attorney's office have reviewed the agreement. The Park Board approved the agreement at their meeting on April 21. l RECOMMENDATION: Staff recommends that Council adopt the attached Agreement. LS : dkr Attachment ( CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM Item No. : Date: June 6 1983 Description: Right-of-way Agenda Of: June 13, 1983 acquisition. Previous Action: Action required: Council i acceptance and authorization Dept. Head: City Adm. : to sign. SUMMARY Attached is a summary of street dedications, utility and construction easements for four parcels on S.W. 72nd Avenue L.I_D. #21. S The cost of these dedications is $12,472.30, compared to the original appraisal of $32,025.00 representing a savings of $19,552.70. The City Recorder has the original documents. { t t 1 t� 1 'r i Y RECOMMENDATION e Staff recommends council accept the street dedications and utility easements € for recording and authorize the mayor and city recorder to sign the acceptance. ALTERNATIVES I r. yy r. DE HAAS & ASSOCIATES, INC. CONSULTING ENGINEERS&SURVEYORS SUITE 445-AGC CENTER WILSONVILLE, OREGON 97070 9450 S.W. COMMERCE CIRCLE (503) 682-2450 May 31, 1983 Frank A. Currie, P.E. Director of Public Works City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Dear Frank: Attached are the following 72nd Avenue related doc-iments which we are providing for consideration by the Council . Ident 51 (Fenwick) a. Street Dedication b. Easement for Utilities With respect to Ident 51, the taking on Boones Ferry Road was reduced from 12 feet to 7 feet and the taking on Durham Road was reduced from 5 feet to 0 feet. In addition, the property owner has gracluusly not required us to move the fence on Boones Ferry from its present location, replace the asphaltic paving already removed or build a retaining curb to retain fill on the reduced right-of-way. The resultant taking costs are calculated as follows: 1,841 ft.2 of land @ $3.00/ft.2 = $5,523.00 3,100 ft.2 Asphaltic Paving @ $0.85/f�.2 2,635.00 3,000 ft. Bark Dust @ $185/1,000 ft. 555.00 Move 2 trees @ $300.00 each 600.00 Easement for Utilities 1.00 Total $9,314.00 This compares with an amount of $19,425.00 appraised for the prior taking and improvements. The total amount due is $9,314.00 and the check for same should be written to Marjorie B. Fenwick, but sent in care of: James G. Driscoll Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman 1000 Willamette Center 121 S.W. Salmon Street Portland, Oregon 97204-2997 i Frank A. Currie, P. E. i City of Tigard May 31, 1983 Page 2 Ident 36 (SPIDC) a. Street Dedication b. Easement for Utilities C. Construction Easement With respect to Ident 36, the 5 foot Street Dedication has been granted for $1.00. This compares with the appraised value of the 10 foot taking of $9,300.00. A check in the amount of $3.00, $1.00 for each of the instruments, should be written to the Southern Pacific Industrial Development Company. It should not be necessary to record the Construction Easement. Ident 38 (SPIDC) a. Construction Easement With respect to Ident 38, the Construction Easement has been dedicated for $1.00. A check in the amount of $1.00 should be written to Southern Pacific Industrial Development Company. It should not be necessary to record the Construction Easement. Ident 45 (Peterson) a. Street Dedication b. Easement for Utilities C. Construction Easement With respect to Ident 45, we have had a long and continuing negotiation with Don Peterson. He has had strong concern for the location of signals poles, etc. which will be along his frontage. We were never able to obtain a Right-of-Entry on this property and, as a result, redesigned the storm drainage and otherwise had our Contractor work around the property to keep the project going. While the final agreed price of the Street Dedication is higher than the appraisal value ($4.30/ft.2 vs $3.75/ft.2) , it is our opinion further approaches would be fruitless. Note that last minute negotiation reduced the final taking cost from $3,300.00 to $3,143.30. Frank A. Currie, P.E. City of Tigard Mav 31, 1983 Pdge 3 The total taking costs are calculated as follows: 731 ft.2 @ $4. 30/ft.2 $3,143.30 Easement for Utilities 1.00 Construction Easement 1.00 $3,145.30 This compares with an amount of $5,513.00 appraised for the prior taking. We belie�,e every reasonable effort has been made to secure this right-of-way at least cost and that the cost risk of condemnation proceedings cannot be justified to recover the $365.50 amount by which the agreed settlement exceeds th? appraised cost. We recommend acceptance of the executed documents for the total amount of $3,145.30. Sincerely - . MARLIN J. DE HAAS, P.E. MJD/slc Attachments cc: Idents 51, 36, 38 and 45 i DE HAAS tic ASSOCIATES, INC. a r� CONSULTING, ENGINEERS&SURVEYORS SUITE 445-AGC CENTER WILSONVILLE. OREGON 97070 9450 S.W. COMMERCE CIRCLE (503) 682-2450 April 22, 1983 1 Frank A. Currie, P.E. Director of Public Works City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Dear Frank: Attached are the following 72nd Avenue related documents which we are providing for consideration by the Council . Ident 117 (Russel , Burdsall & Ward) a. Street Dedication 4 t b. Construction Easement t With respect to Ident 117, the taking on Durham Road was reduced 5 feet in width and the taking shortened on Boones Ferry, reducing the total taking area from 10,277 ft. 2 to 8,105 ft.2. At the appraised price of $3.50/ft.2, this reduced taking :s valued at $28,367.00. In response to my February 4, 1983 letter to RB&W and per the March 23, 1983 RB&W letter, RB&W has agreed o dedicate the subject right-of-way at a reduced price of $2.00/ftverses the appraised $3.50/ft. , representing a savings of $12,157.00 to the City. The resultant Street Dedication is calculated as follows : 81105 ft.2 @ $2.00 =f//,'x$16,2100--G1 ` i This compares with an amount of $39,260.00a raised for the prior taking and improvements. Including $'1,00 _f or the Construction Easement, the total amount due would" be $16,211.00. Ident 114 (Subotnick) a. Street Dedication b. Construction Easement With respect to Ident 114, the 10 foot Dedication is a gift. ! Esti.mating an appraised value of $4.00/ft. WOW d made this gift worth $600.00. The total amount due is"-$2.00 >- $1.00 for each document. Frank A. Currie, F.E. city of Tigard April 22, 1983 Page 2 Ident 52 (PacTrust & Washington County) a. Easement for Utilities With respect to Ident 52, the Easements for Utilities have been executed by both PacTrust (the contract purchaser) and Washington County (the deed holder) . The documents should be recorded simultaneously. The easement is being granted as a condition of the prior vacation of property in order to preserve suitable right-of-way f9r-existing and possible future utilities. The total amount due s $1.00 t Pacific Realty Trust. Sincerely, MARLIN J/i HAAS, P.E. MJD/slc Attachments cc: Idents 117, 114, 52 i i i F CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM Date: May 25, 1983 Item No. : x Description: Resolution for Agenda Of: June 13, 1983_ acceptance of Lake Terrace II previous Action Construction a began in 1978 - Developer has just now corrected and repaired Action Required: all public im rovments. Dept. Head: City Adm. : SUMMARY . Lake Terrace II has now been completed and staff finds that all improvements P have been met and is now ready for final acceptance. a E C 1. • L e F 6C=CCC�C�CCCC��=CC=CCCC:==C3CC==C.C=--------�----��--------�-------------------- f RECOMMENDATION 5 Staff recommends that the City Council accept the public improvements within Lake Terrace II. ( ALTERNATIVES Refuse to accept the improvements within Lake Terrace II. f i l aCl C CITY OF YQIM WASHINGTON COUNTY,OREGON MEMORANDUM TO: Members of the City Council FROM: William A. Monahan, Director of Planning & Developments DATE: June 3, 1983 SUBJECT: NPO Membership i vi nein Commission May 3, 1983 voted to recommend that the City _a__ The _ g Council approve the application of James Monroe of 11330 S.W. 108th j . to be a member. of NPO #7. Should the Council approve of Mr. Monroe, ti the corporation of the NPO's will be as follows: i c NPO #1 5 r i NPO #2 4 NPO #3 7 NPO #4 11 NPO #5 9 NPG #6 8 NPO #7 9 Recommended Action - Staff and the Planning Commission recommend that the City Council approve James Monroe as a member of NPO #7- 12755 S.W.ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171 RECEIVED MAR - 2j 1983 'yL•'N'J'ORY OF CITIZENS CITY OF TIGARD Suggested for Community Service: DATE_ Ve i::> Z& ` RES . PHONE (-QZO ' 3-I _ NAME �JP,m�s �b. n1rUN�2C� ADDRESS 1ti33� - ti AL�� BUS . PHONE 22 7 2524 LENGTH OF RESIDENCE IN TIGARD t Z _ Pav-c SUGGESTED BY WHERE DID YOU LIVE PREVIOUSLY? s rniu►mh�ts ��ty �2��s1 [C)V)�EDUCATIONAL BACKGROUND BACKGROUND - p VA Lo - 1*�)I=C,('�e— EPCIM I`-'��S r ��P 55 1 aC� vr� i+J � S"�•�2s�i,t p �l OCCUPATIONAL STATUS AND BACKGROUND PREVIOUS COMMUNITY ACTIVITY ORGANIZATIONS AND OFFICES �? 2-D o �c'��l( �r� m m C�P _�� 1 �Qr2 � ry r w r Q Co YYl m• 7T cz e OTHER INFORMATION (GENERAL REMARKS) 1Q �,oairS F'!��t �e^v .N GNU srnr'sS 7m/j!z-rN� 1:02f?- �k Q rvep `d 'e,O,.ga o i,.� �P� , ,�� o�— pvy) i L.� h gas �, ✓� r� BOARDS OR COMMITTEES INTERESTED IN Int Pd '7 - ------------------------------------------------------------------------------- Date Received at City Hall Late Interviewed Date Appointed Board or Committee INSIDE CITY OUTSIDE CITY � CITY OF TIGARD, OREuON COUNCIL AGENDA ITEM Date: June 3, 1983 Item No. : Consent tel. /0 Description: Let out bids for new Agenda Of: June 13. 1983 equipment. Previous Action: Action required: Minute Order Dept. Head: City Adm. : SUMMARY NEW EQUIPMENT FOR BID: 1. 3-4 yard Street Patching Truck . . . . . . . . . . $ 38,000 2. Roller, walk behind, vibratory type with lift hooks . $ 9,500 Total $ 47,500 These items were budgeted for in 1982-83 and appropriations are available for purchasing these items. ---------------------------------------------------------------------------------- --------------------------------------------------------------------------------- RECOMMENDATION a Recommend that items 1 & 2 be put out for bids in June, 1983. --------------------------------------------------------------------------------- --------------------------------------------------------------------------------- ALTERNATIVES t CITY OF TIGARD, OREGON f - COUNCIL AGENDA ITEM Date: May 25, 1983 Item No. :_ G� ._J I Description: Performance Bond and Compli- Prerious Action Agenda Of: June 13 1983 ance Agreem,nt for installing a sanitary - . sewer and storm sewer line for Wa. Co. Housing Authority. Action Required: Accept the Performance Dept. Head: Bond and San Sewer Compliance Agreement X City Adm. SUMMARY This is the Performance Bond and Compliance Agreement for Cinco Homes, Inc. , to r install a sanitary sewer and storm sewer line for Washington County Housing Authority at 11909 S.W. 95th Avenue. z z s r c¢�c¢ca�e�a�rscccaes4co�szcescc�cc=cc�cc________________ r RECOMMENDATION R Staff recommends that the City Council accept this bond and compliance agreement. 3 d ALTERNATIVES Reject this project. -Al zT, ''E"n IZI '! 7!! UNITED STATES FIDELITY-W ARANTY COMPANIy (A'Stpc4eAVaKy) SUBDIVISION BOND bond No:63-0120-11726-83 KNOW ALL MEN BY THESE PRESENTS, that we CINCO HOMES, INC. Hillsboro, Oregon as pr2.nc3Baltimore, Maryland, -pal, and UNITED STATES FIDELITY AND GUARANTY CObL PP-NY Of a Maryland Corporation, authorized to do business in the State of Oregon as Surety, are held and firmly bound unto CITY OF TIGARD, OREGON as Obligee, in the Penal sutra Of TWENTY-THREE THOUSAND ONE HUNDRED ($ 23,158 . 00 FIFTY-EIGHT AND N01100 ----------------Z------------ - DOLLARS, lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administratorsr successors and assigns, jointly and severally, fir-,-Iy by these presents. WHEREAS, CINCO HOMES, INC. has agreed to construct in 95th Street Subdi:Asion, in -Tigard the following improvements: construction of a storm and a sanitary sewer NOW, THEREFORE, THE COMITION OF THIS OBLIGATION IS SUCH, that if the Principal Shall construct, or have constructed, the 2n-provanents here-in described and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete said work, then this obligation shall be null and void; Otherewise to remain in full force and effect. qTCWM, se_=0pr1 and dated this 23rd day of May 19 83 CINCO HWES, INC. UN TA FIDELITY AND':�-.'ZUY ,,C(V-PANY BY. Attorney-jLr&:-Facr_ PATRICIA A. DIMICK r' CERT MED COPY GENERAL POWER OF ATTORNEY No....... 2933....................... Knew all Men by- these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the lawn of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Patricia A. Dimick of the City of Portland ,State of Oregon its true and lawful attorney in and for the State of Oregon for the following purposes, to wit: To sign its name as surety to,and to execute,seal and acknowledge any and all bonds,and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY i COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES Board of Directors, hereby ratifies and confirms all and whatsoever the said FIDELITY AND GUARANTY COMPANY, through us, its Patricia A. Dimick i may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 2nd day of April ,A. D.19 82 UNITED STATES FIDELITY AND GUARANTY COMPANY. i (Signed) gr.,Charles .D... Zimmerman , III•• •• Pica-Prosidenr. i (SEAL) (Signed) Ray..H. . Britt.. ............................. Assistant Secretary. r STATE OF MARYLAND, t ss: BALTIMORE CITY, J pp On this 2nd daLof Ap-ri1 A.D. 1982 before me personally came Charles D . Zimmerman , I 1 Z ,Vice-President of the UNITED SKATES FIDELITY AND GUARANTY COMPANY and Ray H. -Britt Assistant Secretary of said Company,with both of whom I am personall acquainted, who being by me severally duly sworn,said that they,the said Charles D. Zimmerman and Ray H• r i t t were respectively the Vice-President and the Assistant Secretary of the said UNTTED TY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; STATES FIDELITY AND GUARA.*i ration; that the seal affixed to said Power of Attorney was such corporate seal, that it was that they each knew the seal of said corpo ration, ani that they signed their names thereto by like order as Vice-President so fixed by order of the Board of Directors of said corpo and Assistant Secretary,respectively,of the Company. 82 My commission expires the first day in July,A. D. 19...... Margaret M. Hurst (SEAL) (Signed) No�• .... Public. STATE OF MARYLANDt � BALTIMORE CITY, j I, Charles W. Mackey, J r . , Clerk of the Super-or Court of Baltimore City. which Court is a M. Hurst ,Esquire,before Court ci ?�+ecord,and has a sell,do hereby certify that Margaret whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the k commissioned and sworn and authorized by law to administer oaths and take State of 'Maryland, in and for the City of Baltimore. duly t acknowledgment, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary,and verily believe the signature to be his genuine signature. In Testirnwey Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore Cit ,the same being a Court of Record, this 2nd day of April ,A. D. 19 i�3y Charles W. Mackey , Jr . (SEAL) (Signed) Clerk of Me Superior Court o/Baltimore City. FS 3 (12-81) COPY OF RESOLUTION That Whereas,it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in :he Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries. under its corporate seal, to appoint any person or persons a-attorney or attorneys-in-fact,•or agent or agents of said Company, in its name and as its act. to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance polities and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed,and .also, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all honds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any tate or Territory of the united States or of the Provinces or .territories of Canada,or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made. taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may he provided for in any such bond, recognizance, obligation. stipulation,or undertaking,or anything in the nature of either of the same. I, George R. Downer .an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Patricia A. D i mi c k of Portland, Oregon , authorizing and empowering her to sign bonds as therein set forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the B&-ard of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November,1981,at which meeting a quorum of the Board of Directors was present,and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. In Testf:t.ony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY or. May 23, 1983 (Date) Assistant Secrctarp. ,ri r in GE SAL STORM AND SANITARY SEWER COMPLIANCE AGREEMENT THIS AGREEMENT dated this day of 19 between the CITY OF TIGARD, a municipality of the State of Oregon, hereinafter termed the "City", and THE HOUSING AUTHORITY OF WASHINGTON COUNTY, hereinafter termed "Petitioner", W I T N E S 3 E T H : WHEREAS, Petitioner has applied to the City for approval of construction of a storm and a sanitary sewer, to be known as WASHINGTON COUNTY HOUSING AUTHORITY STORM AND SANITARY SEWER EXTENSION, being within the boundaries of an area as described on the attached Easements, and by reference made a part hereof; and WHEREAS, the City of Tigard requires applicants for construction of sewers, and appur- tenances thereto, to submit to construction inspection, and testing therewithal, to grant public easements, therefor, and requires the payment of fees; and WHEREAS, the City has approved and adopted the standard specifications for Public Works construction by APWA, Oregon Chapter, and the Unified Sewerage Agency specifications for sewers prepared by professional engineers for Public Works construction; and WHEREAS, the public improvements required to be constructed are incomplete, but petition- er has nonetheless requested that the Cif y permit granting of the property to the public, and the parties herein named desire to protect the public interest generally to assure the public improvements will be installed- as required and completed within the time hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing premise and the covenants and agree- ments to be kept and performed by the Petitioner and its contractor and contractors surety, IT IS HEREBY AGREED AS FOLLOWS: 1. Petitioner shall proceed to complete all public improvements as shown on herewith improvement plan, as approved by the City of Tigard and prepared by Thomas H. Burton, Engineering & Surveying dated February 10, 1983. Said improvements to be completed no later than one (1) year from the date of this agreement, and Petitioner hereby agrees to comply with all standard specifications adopted by this City, or as may otherwise be approved by the Department of Public Works and to use only such material and to fol- low such designs as may be required to conform thereto. 2. To assure compliance with the City's requirements and the provisions thereof, Petitioner agrees to obtain, provide and tender to the City, a surety bond(s) in form approved by the City, with liability in the amount equal to the contract price of $27,600 prior to issuance of a permit for construction of said improvements; Petitioner's contractor shall be licensed, and insured as required by Unified Sewerage Agency Resolution and Order(s) No. 72-12 and No. 71-9. 3. In the event that the Petitioner shall fail, neglect or refuse to proceed with the work in an orderly and progressive manner to assure completion within the time specified, upon ten (10) days notice by the City to the Petitioner and the Petitioner's surety, and such default and failure to proceed continuing thereafter, the City may, at its option proceed to have the work completed and charge the costs thereof against the Petitioner and the Petitioner's surety and in the event the same be not paid, to bring an action on the said bond to recover the amount thereof. In the event that such action �. be brought, the Petitioner and the Petitioner's surety shall be required to promise and agree to pay, in addition to the amounts accruing and allowable, such sum as the Sewer Compliance - Page 1 of 3 ORIGINAL court shall adjudge reasonable as attorney's fees and cost incurred by the City, both in the Trial Court and Appellate Court, if any, or the City may at its option bring (_ proceedings to enforce against the Petitioner and/or Petitioner's surety, specific performance of the contract and compliance with the standards adopted by the City of Tigard, and in any event, in a like manner, the City shall be entitled to recover such sums as the court may adjudge reasonable for the City's attorney's fees and cost, both in the Trial Court and Appellate Court, if any. 4. Petitioner, concurrent with the execution hereof, agrees to pay the following fees as required by Unified Sewerage Agency Resolution and Order No. 70-12 by the City: a. A plan check fee to cover the cost of review and approval of construction plans and inspection of storm and sanitary sewer construction (except house connections) in the amount of $200 ($100 for sanitary sewer, $100 for storm sewer) . b. A permit fee to cover the cost of processing the permit application and performing the inspection of property connection(s) in the amount of C. A connection charge to connect directly to an existing sanitary sewer, which was installed with/without (strike inapplicable word) cost to the Petitioner, in the amount of $ d. A monthly sewer service charge for the use of the public sanitary sewer system. 5. Petitioner, concurrent with the execution hereof, also agrees to pay a surcharge in the amount of $ * as required by that certain contract entered into by the City with for the reimbursement of sewer construction costs pertinent thereto. 6. The City agrees to make periodic inspections as, in the City's judgement, is necessary to assure compliance. 7. The Petitioner agrees to insure that the City receives 48 hour advance notice of commencement of construciton and, also, 12 hour advance notice for all requested field inspections. 8. The Petitioner agrees to insure that the Petitioner's engineer obtains accurate as-built (field) construction records of said sewer installation and, also, agrees to insure that the City is furnished with one accurate as-built mylar thereof. 9. At such time as all public improvements have been completed in accordance with the City's requirements, Petitioner shall be required to notify the City of the readiness for final inspection upon affirmation by the Department of Public Works that all requirements of the City have been met, the Petitioner will submit to the City a good and sufficient maintenance bond in the form approved by the City in a sum equal to twenty percent (20%) of the contract price to provide for correction of any defective work or maintenance becoming apparent or arising within one year after final acceptance of the public im- provements by the City. 10. Upon receipt of certification by the Department of Public Works that all require- ments have been met, and a one year Maintenance Bond, the City Council agrees to accept (•. the public improvements, subject to the requirement of correction of deficiencies and maintenance for a period of one year. *To be determined an levied at the time of application for building sewer service connection permits. Sewer Compliance Page 2 of 3 11. That the Petitioner, in consideration of the City's approval of the application to construct a storm and a sanitary sewer within the boundaries of easements held by the City, does hereby covenant and agree to save, hold harmless and indemnify the City, its officers, agents and employees, for and from all claims, demands, damages, and each and every other obligation that can or could arise from the neglect of Petitioner, his officers, agents, contractors and employees, or from trespass upon property outside of the easement area, including attorney's fees and costs, if any, necessarily incurred by the City in defending against such claims, with the intent and purpose that the City shall be made whole with respect to any amounts it may be required to pay to be held liable for in connection with the exercise of the privileges afforded Petitioner to utilize the area within the City's easement for sewer construction purposes. _ IN WITNESS WHEREOF, the parties have executed this agreement pursuant to authority vested in each of them. PETITIONER: F t 6 f i (Attached Acknowledgment Hereto) q� CITY OF TIGARD: i (Mayor) 1 f (City Recorder) j i c t 1 J t l i . f t Sewer Compliance - Page 3 of 3 STATE OF OREGON ) )ss. C County of - ) On this Z_ 3 day of `�,' h�� _1191D before me appeared _ �.�/ �'� c z L c� _ _ and both to me personally �vW �•ihc being fly si:iorn, rlid�say-mat die;the saw /� /-''fl << is the�7.(ar._S'resident, and he, the said ��,'/ is the Secretary 0 ,_7, y of �'� c �. /7 the within named Corporation"-, -and that the seal affixed to said instrument is the corporate seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and - and ---- acknowledged saki instrument to the free act and deed of said Corporation. I:7 TESTIAONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above ..mitten. ii to Public for Oregon. - ty Commission expires-; Tne City above named heruljy acc-:0 the foregoing Grants and agrees to comply with each and every term anc cundiLion thereof. CITY OF TIGARD By: ---- Aayor By: _- �ity Recorder STATE OF OREGON ) )ss. County of On this __day of 196_, before me appearedand both to me personally known who, being duly sworn, did say that he, the said is the Mayor, and he, the said -- is the Recorder of the CITY OF TIGARD, a municipal `�.. corporation, and the said and acknowledged the said instrument to be the free act and deed of said municipal corporation. I'N TESTI.AONY '61JHERL•'OF, I have hereunto set my hand and affixed my official seal, this the day and year in this my certificate first written. i Notary Public for Oregon My Commission expires Page 3 f Easement June 9, 1983 MEMORANDUM TO: Mayor S City Council FROM: Bob Jean, City Administrator SUBJECT: Appoint William A. Monahan as BG Policy Board Alternate The City of Tigard is represented by Councilor Kenneth Scheckla on the Washington County CDEG Policy Advisory Board. Presently, the alternate is Administrative Assistant Linda Sargent who will be leaving the employ of the City as of June 30, 1983. In order that the City may be represented, an alternate must be appointed by the City Council. Since the responsibility for coordination ofcommunity development activities has been transferred to the Department of Planning and Development, it would be appropriate to appoint William A. Monahan as the City's alternate. RECOMMENDED. COUNCIL ACTION: That William A. Monahan be appointed as alternate to the CDBG Policy Advisory Board. i (0458A) f i I E i s f s[{k 2 3 r� i t 1 CQ MEMORANDUM TO: CITY COUNCIL FROM: Elizabeth A. Newton, Associate Planner SUBJECT: Jadco ouncil meeting, Mayor Bishop pointed out that he At May 23, 1983, City Chat noticed street improvements and new fill t Ja co Staff m�ndicated He kno staff if permits had been issued for app permits had been issued. The Mayor asked, and Council concurred, that the staff take some immediate action in the situation. On Tuesday, May 24, 1983, I spoke with Fred Anderson, John Duncan's attorney. I told Fred of the Council meeting the previous evening and that Frank, Brad and I would be inspecting the site the next morning. On Wednesday morning, May 25, 1983 at approximately 8:30 A.M. , Brad, Frank and I visited the site. We found that apprxoimately 150 cu. yd. of fill had been placed on the property, some of it on top of the fill previously placed without a permit. Upon returning to City Hall, we discussed the matter and determined that a citation should be issued. On Wednesday afternoon, I spoke with Dave larson of McKenzie Engineering and explained the situation to him. I also left a message for Fred Anderson to call me. On Thursday, May 26, 1983, I asked the Code Enforcement Officer to cite Jadr_o for violation of Chapter 14 and 18 of the Tigard d Municipal C de. n See which Memo tI Brad Roast from myself dated May 26, 1983. ) q submitted to him. Around noon on Thursday, May 26, 1983, I called John Duncan to explain the situation to him. Shortly after 1 P.M. , Mrs. Duncan returned the call. I explained the situation to her and told her I was instructing Brad to cite John by 1.00 P.M. on Friday, May 27, 1983. She was quite upset. Sometime after 3:00 P.M. on Thursday, I spoke with Fred Anderson and explained the situation to him. I told him I had written a memo to Brad requesting violations were for. I also told Mr. issuance of a citation and what the Anderson that I had talked to Mrs. Duncan and Dave Larson. On Thursday, June 9, 1983, at 8:30 A.M. Brad Roast, Frank Currie, Bill Monahan and myself visited the site again. Although some grading had been done to the most recent fill it was evident that the fill had been placed in violation of City Ordinances. A citation has been issued and an arraignment has been Scheduled for June 28, 1983. CITY®F T167A RD WASHINGTON COUNTY.OREGON MEMORANDUM Brad•.`'1ZoaBts Code Enforcement officer `t?I�ivtBa' $6sociaterPianuer ` PATE. May-,.26---7'j983 :s SUBJECT: Jadco Fill As was 6iscussed on May 25, 1983, with Frank Currie, you and myself and evidenced 'by-our field investigation, Jadco Chemical in violation of two Csty,Code sections as follows: .` .dr r� -s` �ApproXIMaM, �t`St 1�a of fill material has been placed w , rL y .�. .+c a r: .r - 50' .. is ;• prap --�f rmi't!T1 requ red" for more than 50 ' yard �`d_ fir+ ?'s,,rdevil not-.ons-natural ground. Violation: TMC Chapter`E]4= 04::020. '{ o Same of the:":new _fill.has been.placed on fill previously placed. : i� Cha ter 18.57.060 and 1; -;x- odplain 9xolaz oa :TMC'." P Compr'efiensiv '']?laa Pcilicy 3.2.2: e Please issue citation by 1:00 P.M. on Friday May 27, 108-3. 12755 S W ASH P.O.BOX 23397 TIGARD,OREGON 97223 F:H:639-4171 (f MEMORANDUM TO: City Council From: Planning Staff Subject: Street Dedication - Siemens-Allis Inc. The attached street dedication and nonremonstrance agreement was required as a condition of approval for MLP 3-83. The documents have been reviewed and approved by the City Attorney, the Engineering Superintendent and the Planning Commission President. Staff request that the Council approve the street dedication and authorize the City Recorder to sign. 300A 00 OJ AC Ji ''iii f� .1_ __ Vii• ,s t I'X -2 \ S ' ' r v- •J )•� . ��^ •�Oi• C X0./0 CM i"0 G• S Ci• !0. CK fA00 Co. f(C )S G 500 6 + , 'S' t Z � GOVT LO f 1 " ■i•1i C )i1 ) �r 97 t c ,= 23 - ,, A Ci s I� \o AGFA - o ^�p0 Z I a SEE MA _ IS I 34A aI coo o� � rn o� \ \ M 600 34 Ac. :C ISEE MAP IS I 34 AD ( y � ^ 1 0 0 GOVT. LOT 2 \ I^ 1/.SI Ac. \ 30 104.42 —_ \ 2144 SEE MAP IS 1 35 F t i CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM Item No. 4 Date: June 3 1983 ` _Discussion or Triangle Agenda Of: June 13. 1983 Description: Previous Action : Comp. Plan i Development Policies findings, policies & implemen- tation strategies adopted , 3/2/83. 's Action Required: Minute Order Dept. Head: City Adm. : Attachments: Map & excerpt from Comp_-Plan----------------------------------- SUMMARY 1983 which prohi- The Ci"-y Council adopted Policy 11.4.2 (attached) on March 2, F: bited commercial development under certain circumstances related to a specific n major collector street construction or proximity to existing ertyrproposed toThisbe policy would prohibit development on some portons fipnLID #35 have access to served by L.I.D. # 35. Three of the five properties F to 99w and one has no access to either (see map the I-5 ramps, one has access f attached) . The proposed LID # 35 is a major collector street that connects r r provide for increased traffic off ramps to 99W. The intent cf policy 11.4.2 is to p increase or con- in the triangle, independent of existing underdeveloped streets, prior nt. LID #35 addresses this intent and subsequent concerns. current with developme cacccccc=acaccaccsccccccccccc==c=c=====--______- RECOMMENDATION that completion of Staff recommends Council interpret policy 11.4.2 (a) to mean P LID #35 constitutes direct access to the I-5 access ramps and 99W, thereby allowing development of the property being served by LID #35. ALTERNATIVES f Staff would alternately recommend changing htermincy 11.4s 6.n 2 to consiing der any or collector street improvement that beg ins and collectors. �� G!l�OSA6 6503 SIC (SCALE= /"=200° S' iS02A SEC 36T TIPS,R W SE%4 ��•i0, P NE 5 . 4�,O •LE GEN© • +LID Bo&AzDARY 200M-PARWEL A&WOEM y -C[/.e ,vr zomlAja O*WlER¢Assrs5za i��1LtlAT/oeV 006,soo (Ls1�s� owtr) s' A VE -- /00 D I. Z 4900AD /0/ DA ` APPROX. L/,w/T 2 300 0�4 0 .4SSESSAIE�VT SAY 68 7w RMAY k ti ODOT IAtpiPOf 'AI7 S-%� C/TY OF T/6A�d0 sw 6a rA► PARKWAY I�®G• Z00AL 1AfRR� YEA-IEA/TU/STR/CT +............__.._...---� ._._ vre 3. 'the Tigard Community Development Code shall require sit ' w or any development other than a amily structure. The site desi n Inc ude review of street right-of-way and pavement ocation. 11.4 NEIGHBORHOOD PLANNING ORGANIZATION 414 POLICY 11.4. 1 IN THE TIGARD TRIANGLE (I.E. THAT AREA BOUNDED_RV PACIFIC HIGHWAY, HIGHWAY 2_1_7. �N� T'HE INTER5T'A1'I`�5-FREEWAY) , IN THOSE PARCELS DESIGNATED * "CP", HICH DENSITY R1SIDENTIAL DEVELOPMENT (I.E. 20 TO 40 UNITS PER ACRE) SHALL BE A USE ALLOWED OUTRIGHT IN CONJUCTION WITH COMMERCIAL PROFESSIONAL USES. 11 .4. 2 IN THE TIGARD TRIANGLE DESCRIBED 1N POLICY 11.4. 1 . THOSE PARCELS DESIGNATED FOR ANY COMMERCIAL DEVEL0,PMEi�2' SHALL NOT DEVELOP FOR SUCH USE, IF NOT ALREADY SO DEVELOPED, UNLESS A MAJOR COLLECTOR, CONNECTING THE AREA ON PACIFIC HIGHWAY AT APPROXIMATELY 78TH AVENUE AND THE WESTERLY PORTION OF HAINES ROAD INTERCHANGE AT INTERSTATE FREEWAY (AT APPROXIMATELY 69TH AT DARTMOUTH) BE CONSTRUCTED, BE GUARANTEED WITHIN ONE YEAR F'OR CONSTRUCTION BY A PUBLIC AGENCY OR BE APPROVED FOR CONSTRUCTION AS A PART OF A LOCAL IMPROVEMENT DISTRICT AFTER THE REMONSTRANCE AND REVIEW PERIOD HAVE EXPIRED. _ a. THIS CONDITION SHALL NOT APPLY TO PARCELS HAVING DIRECT ACCESS TO PACIFIC HIGHWAY, OR THE INTERSTATE 5 FREEWAY ACCESS RAMPS UNLESS THE. PORTION PROPOSED FOR DEVELOPMENT IS GREATER THAN 1000' FROM THE RIGHT-OF-WAY LINE OF PACIFIC HIGHWAY OR INTERSTATE 5 INTERCHANGE RAMPS. b. UNTIL NEW COMMERCIAL DEVELOPMENT IS PERMITTED IN THE TRIANGLE UNDER THIS CONDITION, THE ONLY NEW DEVELOPMENT THAT MAY OCCUR ON ANY PARCEL IN THE TRIANGLE IS A SINGLE FAMILY RESIDENTIAL USE. NEIGHBORHOOD PLANNING ORGANIZATION #5 FINDINGS o As Tigard ha ontinued to develop the locational advantages associated with the the freeway, Highway 217 and the two railroad lines traversing the area ve led to a considerable amount of office and industrial development a 72nd Avenue, south of Highway 217. The established residential are butting the industrial area in NPO #5 has been adversely affected by the i vidual use, due to increased smoke, noise, odor or visual pollution. u The polution of existing vegetation and trees, the planting of trees, provide an excellent means to both separate and bu r residential areas from industrial areas. These vegetative buffers exist ong the western { slopes bordering the Rolling Hills Subdivision and along Fa Creek. The Rolling Hills Subdivision abuts industrially planned land on tw ides and is within approximately 600 feet of land planned for heavy industria%%t- se. POLICY 1 1 . 5. 1 THE CITY SHALL RE U RE BUFFERING AND SCREENING BETWEEN Rr.SIDENTIAL E } _ CITY OF TIGARD, OREGON i COUNCIL AGENDA ITEM Date: June 2, 1983 Item No. : �J f Description: Ordinance creating S.W. 68th Agenda Of: t Parkway (Street) L.I.D. Previous Action Council { passed a "Resolution of Action Required: Council adoption, Intent" to create the L.Z.D. and opened theAublic hearing. after the public hearing. Dept. Head' d City Adm. : s F SUMMARY 6 1. This ordinance, if passed; will actually create an L.I.D. to install specific street improvements from S.W. Atlanta Street to S.W. 69th Avenue, connecting r Atlanta To Pacific Highway. 2. The Council opened the public hearing thereinregard and, subsequently, continued said hearing to facilitate property owners input. R f r� RECOMMENDATION I Pass the ordinance if the consensus of ownerships, at the conclusion of the public hearing is to proceed with the L.I.D. t ALTERNATIVES € 1. Dismiss the L.I.D. by a Council motion; direct staff to prepare a dismissal resolution for council action to formally do so, at the next meeting . 2. Table the ordinance (pending future action thereon) . CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM Item No.: Dater June 2, 1983 Agenda Of: June Description: Ordinance Creatin A S.W. 100th Avenue Sanitary Sewer L-I.D. Previous ction : Cour assed a "Resolution ^f Intent" to create the L.I-D- Council : il Adoption, after Action RequiredI Dept. Head: the Public Hearing City Adm 6 -- SyMMARY 1. This ordinance, if passed, will actually create an L-I-D- to install a adjacent to sanitary sewerage line serving two residential properties jacent S.W. 100th Avenue and serving one residential tract- (via a private easement) which does not front on S.W. 100th Avenue. the Council 2. A resolution of intent to cr� etition for said improvement.eate said L.I.D. was passed y on May 13, 1983 in response to a p @6-166OG3GaQ@SC666CC000CG GCGCCG=C G 6------^-�---�-------_ RECOMMENDATION Pass the ordinance if: ranting an easement 1. The owner of Tax Lot No. 100 is agreeable to g (across T.L. #100) to the owner. of Tax Lot No. 200; and if 2. The consensus of the ownerships, at the conclusion of the public hearing, is to proceed with the L.I.D. ALTERNATIVES 1. Dismiss the L.I.D. by a Council motion; direct staff to prepare a dismissal resolution for council action to formally do so, at the next meeting. 2. Table the ordinance (pending future action thereon) - E i t 4 i S t CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM k Item No. Date: May 25, 1983 Agenda Of: 6/13/63 r Description:_ No-Parking Zone Previous Action on S.W. 66th Avenue 4 J Action Required: Council passage ° Dept. Head: of attached ordinance City Adm. : SUMMARY 1.) Staff conducted traffic study to determine if creation of no-parking in zone on 66th Avenue d e (northerly of Hampron Street) is warrented, response to citizen(s) request. 2.) Staff determined said zone is warrented. RECOMMENDATION ss the attached ordinance to create a no- parking zone along a portion of S.W. 66th Avenue northerly of Hampton St. Recommend Council action to pa ALTERNATIVES Take no action. CITY OF TIGARD, OREr-ON COUNCIL AGENDA ITEM Date: June 1, 1983 Item No. : Description:No-Parking Ordinance; Agenda Of: ; zLK to create no-parking along S.W. Previous Action none Landmark Lane. Action Required: Passage of attached ordinance. Dept. Head: City Adm. : SUMMARY In response to a request by property owners adjacent to Landmark Lane, for creation of a no-parking zone along the entire length thereof, City staff conducted an inves- tigation to determine if such request was reasonable and warrented. Staff does concur. s RECOMMENDATION It is recommended that Council pass the attached ordinance to create a no-parking zone along Landmark Lane, from 72nd Avenue westerly to the terminus of Landmark Lane. f_ ALTERNATIVES t Take no action E s i L 3 t � y4 f i( { June 9, 1983 Memorandum i TO: Mayor & City Council FROM: Doris Hartig, City Recorder SUBJECT: Item #9 The above Item is unabled to be delivered in your packets today. It will be hand delivered on Friday, June 10, 1983. t June 10, 1983 MEMORANDUM TO: Mayor and City Council FROM: Department of Planning and Development SUBJECT: Urban Planning Area Agreement (UPAA) As part of the City's comprehensive planning effort, it is necessary to coordinate our planning with that of Washington County's in accordance with LCDC Statewide Planning Goal #2 (Land Use Planning). The mechanism used for this coordination is the Urban Planning Area Agreement (UPAA). During the last month, staff has been working with the County and the City Attorney's office attempting to iron out our differences, however, there are still a few issues that need to be resolved. The remaining issues arp as follows: 1. Adoption of land use plan for the City's Active Planning Area. To date, the County has been reluctant to state that they will adopt the City': land use plan for the City's Active Planning Area. The City, on the other hand, is concerned that if certain "adoption" language is not in the UPAA, the County will not be pressed to adopt such a plan in a timely manner. The language proposed in Section VI (1) of the attached draft agreement meets the City's reeds on this issue. 2. Adoption of development standards within the City's Active Planning Area. Within the City's Active Planning Area, the County has jurisdiction over development standards for streets, drainage, etc. In the past, these County standards have given the City substandard conditions when the areas are annexed. It is the City's contention that if an area is within the Urban Growth Boundary urban standards should be required for all development. The language proposed in Section VI (2) of the attached draft agreement meets the City's needs on this issue. 3. An agreement with the Unified Sewerage Agency (USA). In the City's existing agreement, it states that USA will not extend service to properties in the Active Planning Area unless written consent has been given by tt-a City. The City believes that this clause is imperative if the City is going to be able to maintain growth management and avoid inappropriate or untimely development within the Active Planning Area. In order to avoid further problems related to development in the Active Planning Area and the effects of such development on' the City, the City is requesting that a separate agreement be signed with USA and the City before the UPAA takes affect. PAGE 2 Urban Planning Area Agreement 6-10-83 4. Transportation; specifically the Murray Road extension and Durham Road. To reiterate, the County has designated the Murray Road extension as a minor arterial while the City has designated a series of connections as minor collectors. The County has designated Durham as a major arterial, while the City has designated Durham as a major collector. At this point, the City and County have agreed to disagree on these two issues until further data is collected and analyzed from the 99W corridor study, which has been initiated and will be completed in the next 12 to 18 months. Despite this disagreement, the City believes it is very important to establish a process for the resolution of these conflicts. As a part of this process, the City and County have agreed not to preclude potential transportation options within the urban planning area at this time. The attached draft UPAA was reviewed by the Planning Commission at their June 7, 1983 meeting. It was their recommendation to forward it to the City Council for their approval. On a staff level, we believe this draft will safeguard the city's interests in coordinating land use planning efforts with the County. JC:lw Attachment: UPAA - 6/9/83 t WASHINGTON COUNTY - TIGARD URBAN PLANNING AREA AGREEMENI da of 19 THIS AGREEMENT is entered into this y State of Oregon. by WASHINGTON COUNTY, a political subdivision of thei hereinafter referred to as "COUNTY," and CITY OF TIGARD. an incorporated municipality of the State of Oregon, hereinafter referred to as the "CITY." WHEREAS, ORS 190.010 provides that units of local governments may enter into agreements for the performance of any or all functions and activities that a 4 party to the agreement, its officers or agents, have authority to perform; and WHEREAS, Statewide Planning Goal #2 (Land Use Planning) requires that City, County, State and Federal agency and special district plans and actions shall be consistent with the compreheRS nsive plans 17 ; and the cities and counties and regional plans adopted under WHEREAS, the Oregon Land Conservation and De-elopment Commission requires each jurisdiction requesting acknowledgment of compliance to submit an agreement setting forth the means by which land use coordination in the unincorporated areas within the Regional Urban Growth Boundary will be implemented; and WHEREAS, the COUNTY and the CITY, to ensure coordinated and consistent comprehensive plans, consider it mutually advantageous to establish: 1. A site-specific Urban Planning Area within the Regional Urban Growth both the COUNTY and the CITY maintain an Boundary within which interest in comprehensive planning; 2. Policies regarding comprehensive planning and development in the Urban Planning Area; 3. A process for coordinating comprehensive planning and development in the Urban Planning Area; and 4. A process for amending the Urban Planning Area Agreement. NOW THEREFORE, THE COUNTY AND THE CITY AGREE AS FOLLOWS: I. Location of the Urban Planning Area The Urban Planning Area mutually defined by the COUNTY and the CITY includes the area designated on Exhibit "A" to this agreement. II. Comprehensive Planning and Development Policies A. Active Planning Area 1. Definition Active Planning Area means the incorporated area and certain unincorporated areas contiguous to the incorporated area for which the CITY conducts comprehensive planning and seeks to regulate development activities to the greatest extent possible. The CITY Active Planning Area within the Urban Planning Area is designated as Area A on Exhibit "A". 2. The CITY shall be responsible for comprehensive planning within the Active Planning Area. 3. The CITY shall be responsible for coordinating and planning for the provision of urban services in the Active Planning Area. 4. The COUNTY shall not approve land divisions within the Active Planning Area which would create lots less than 10 acres in size, unless public sewer and water service are available to the property. S. The COUNTY shall not approve a development proposal in the Active Planning Area if the proposal would not provide for, nor be conditioned to provide for, an enforceable plan for redevelopment to urban densities consistent with CITY's Comprehensive Plan in the future upon annexation to the CITY as indicated by the CITY Comprehensive Plan. 5. Approval of the development actions in the Active Planning Area shall be contingent upon provision of adequate urban services including sewer, water, storm drainage, streets, and police and fire protection. 7. The COUNTY shall not oppose annexation to the CITY within. the CITY's Active Planning Area. B. Area of Interest 1. Definition Area of Interest or Primary Area of Interest means unincorporated lands contiguous to the Active Planning Area in which the CITY does not conduct comprehensive plan.cing but in which the CITY does maintain an interest in comprehensive planning and development actions by the COUNTY because of potential impacts on the CITY Active Planning Area. The CITY Area of Interest within the Urban Planning ARea is designated as Area B on Exhibit "A." 2. The COUNTY shall be responsible for comprehensive planning and development actions within the Area of Interest. 3. The COUNTY shall be responsible for coordinating and planning - for the provision of urban services in the Area of Interest. -2- 4. The CITY may consider requests for annexations in the Area of Interest subject to the following: a. The CITY shall not require annexation of lands in the Area of Interest as a condition to the provision of urban services for development. b. Annexations by the CITY within the Area of Interest shall not create islands unless the CITY declares its intent to complete the island annexation�i C. The CITY agrees in principle to a plebiscite or other representative means for annexation in the Metzger/Progress Community Planning Area, which includes Washington Square, within the CITY Area of Interest. Not contrary to the foregoing, the City reserves all of its rights to annex and acknowledges the rights of individual property owners to annex to the City pursuant to Oregon Revised Statutes. d. Upon annexation of land within the area of Interest to the CITY, the CITY agrees to convert COUNTY plan designations to CITY plan designations which most closely approximate the density, use provisions and standards of COUNTY designations. Furthermore, the CITY agrees to maintain this designation for one year after the effective date of annexation unless both the CITY and COUNTY Planning Directors agree at the time of annexation that the COUNTY designation is outdated and should be amended before the one year period is over. e. Should any land within the Area of Interest be annexed to the CITY, the area shall continue to be considered as part of the COUNTY Urban Planning Area for the purpose of calculating county-wide new -_'welling unit mix and density as required by OAR 660-07-030 and 660-07-035. This provision shall apply until the CITY and COUNTY plans have been acknowledged by the Land Conservation and Development Commission. C. General Policies 1. The CITY and COUNTY are in disagreement on at least two major transportation issues: (1) the classification and use of Durham Road between Pacific Highway and the Interstate 5 freeway; and _ (2) the location of the extension of Murray Boulevard, to Pacific Highway. Despite this disagreement, the parties have agreed to a process for resolution of their conflicts and agree not to mon 1...90 n�,runtial trana nrtati_nn nntions or road system improvements proposed in their respective comprehensive plans, notwithstanding their disagreement. i -3- CITY shall include all sight-of-way within and adjacent to and future annexation proposals. property in current In 2, The addition, the CITY and the COUNTY shall reach agreement upon a schedule and process for the surrender o£ jurisdiction of those COUNTY roads currently within the city limits and those COUNTY ed in he CITY if roads that may be includ t eseroadsurare not annexations tas part of the COUNTY determnns the COUNTY road system. Such an agreement shall be reached within 60 days of the effective date of this Agreement. outside the CITY. ban Planning Area will not 3. Annexations to the CITY be supported by the COUNTY o III. Coordination of Com rehensive Planning and Development of a Comprehensive A. Amendments to or Adoption Plan or Implementing Regulation 4 1. Definitions as defined by OAR 660-18-010(5) , means a Comprehensive Plan, and policy statement of generalized, coordinated land use map of a local g°vernment that int=rralates all body the governing y stems and activities relating to the functional and :iatural systems but not limited to, sewer and water use of lands, including, facilities, t transporation systems, educational systems, and natural resources and air and water recreational facilities, quality management programs. or Implementing Regulation means any local government zoning ordinance, land division ordinance adopted under OR standards for 92.046 or similar general ordinance establishing rehensive plan. a com implementing p below, the COUNTY shall 2. Except as provided in subsection (appropriate opportunity to provide the CITY with the amendments to or participate, review and comment on proposed nsive lan or implementing adoption of the CvUNTY cOmpret1rovide the COUNTY with the regulations. The CITY shall p opportunity to participate, review and comment on appropriate s proposed amendments to or adoption of eh the awing comprehensive plan or implementing regulations. shall be followed by the COUNTrocess and t he to vamentonotify an to adopta involve one another in the process comprehensive plan or implementing regulation: z whichever has jurisdiction over the a, The CITY or the COUNTY, shall notify proposal, hereinafter the originating agency, the other agency, hereinafter the responding agency, of the Tannin efforts are proposed action aC the time such p g prior to the initiated, but in no case less than 45 days p final hearing on adoption. The specific method and level of involvement: shall be finalized by "Memorandums of -4- Understanding" negotiated and signed by the planning directors of the CITY and the COUNTY. The "Memorandums of Understanding" shall clearly outline the process by which the responding agency shall participate in the adoption process. If, at the time of being notified of a proposed action, the responding agency determines it does not need to participate in the adoption process, it may waive the requirement to negotiate and sign a "Memorandum of Understanding." b. The originating agency shall transmit draft recommendations on any proposed actions to the responding agency for its review and con=ent before finalizing. Unless otherwise agreed to in a "Memorandum of Understanding," the responding agency shall have ten (10) days after receipt of a draft to submit comments orally or in writing. Lack of response shall be considered "no objection" to the draft. C. The originating agency shall. respond to the comments made by the responding agency either by a) revising the final recommendations, or b) by letter to the responding agency explaining why- the comments cannot be addressed in the final draft. d. Comments from the responding agency shall be given consideration as a part of the public record on the proposed action. If after such consideration, the originating agency acts contrary to the position of the responding agency, the responding agency may seek review of the action through the appropriate body and procedures. e. Upon final adoption of the proposed action by the originating agency, it shall transmit the adopting ordinance to the responding agency as soon as publicly available, or if not adopted by ordinance, whatever other written documentation is available to properly inform the responding agency of the final actions taken. B. Development Actions Requiring Individual Notice to Property Owners 1. Definition Development Action Requiring Notice means an action by a local government which requires notifying by mail the owners of property which could potentially be affected (usually specified as a distance measured in feet) by a proposed development action ac_,,._ _a ....l ;e,+ P� a specific parcel or which directly affects a::d �s a"== parcels. Such development actions may include, but not be limited to small tract zoning or comprehensive plan map amendments, conditional or special use permits, individual subdivisions, partitionings or planned developments, variances, land other similar actions requiring a hearings process which is quasi-judicial in nature. -5- 2. The COUNTY will provide the CITY with the opportunity to review and comment on proposed development actions requiring notice within the designated Urban Planning Area. the CITY will provide the COUNTY with the opportunity to review and comment on proposed development actions requiring notice within the CITY limits that may have an affect on unincorporated portions of the designated Urban Planning Area. 3. The following procedures shall be followed by the COUNTY and the CITY to notify one another of impending development actions: a. The CITY or the COUNTY, whichever has ,jurisdiction over the proposal, hereinafter the originating agency, shall send by first class mail a copy of the public hearing notice which identifies the proposed development action to the other agency, hereinafter the responding agency, at the earliest opportunity, but no less than ten (10) days prior to the date of the scheduled public hearing. The failure of the responding agency to receive a notice- shall not invalidate an action if a good faith attempt was made by the originating agency to notify the responding agency. b. The agency receiving the notice may respond at its discretion. Comments may be submitted in written form or an oral response may be made at the public hearing. Lack of written or oral response shall be considered "no objection" to the proposal. C. The originating agency shall include or attach the comments to the written staff report or supplemental thereto, and respond to any concerns addressed by the responding agency in such report or orally at the hearing. d. Goimnents from the responding agency shall be given consideration as a part of the public record on the proposed action. If, after such consideration, the originating agency acts contrary to the position of the responding agency, the responding agency may seek appeal of the action through the appropriate appeals body and procedures. C. Additional Coordination Requirements 1. The CITY and the COUNTY shall do the following to notify one another of proposed actions which may affect the community, but are not subject to the notification and participation requirements contained in subsections A and B above: a. The CITY or the COUNTY, whichever has jurisdiction over the proposed actions, hereinafter the originating agency, shall send by first class mail a copy of all public hearing agendas which contain the proposed actions to the other agency, hereinafter the responding agency, at the earliest opportunity, but no less than three (3) days prior to the date of the scheduled public hearing. The failure of the responding agency to receive an agenda shall not invalidate an action if a good faith attempt was made by the originating agency to notify the responding agency. -6- } F t } f` • I • , S b, The agency receiving the public hearing agenda may respond at its discretion. Comments may ue submitted in mitten onse may be made at the public hearing. form or an oral resp C. Comments from the responding agency shall be given t consideration as a part of the public record on the proposed ; If the originating agency acts contrary to the } action. a ency, the responding agency may position of the responding g Y the approP riate body and seek review of the action through g procedures. IV. Special Policies A. The CITY and the COUNTY shall provide information of comprehensive ' planning and development actions to their respective recognized Community Planning Organizations (CPO) through the notice procedures outlined in Section III of this Agreement. COUNTY ordinance which proposes to (1) B. At least one copy of any (2) adopt a new plan, or (3) amend the COUNTY comprehensive plan, amend the text of the COUNTY development code shall be mailed to the CITY within five (S)' days after its n. COUNTY ordinance which proposes to rezone of any g C. At least one copy rA land within one (1) mile of the corporate dayslafter its CITY shag be mailed to the CITY within f;� ( CPt`em_3 V. Amendments to the Urban Planning Area Agreement rocedures shall be followed by the CITY and the = A. The following P e of this agreement or the Urban Planning COUNTY to amend the languag Area Boundary: 1. The CITY or COUNTY, whichever jurisdiction originates the proposal, shall submit a formal request for amendment to the responding agency. 2. The formal request shall contain the following: a. A statement describing the amendment. b. A statement of findings indicating why the proposed amendment is necessary. C. If the request is to amend the planning area boundary, a map ` which clearly indicates the proposed change and surrounding area. request for amendment from the originating 3, Upon receipt of a req a ency shall schedule a review of the agency, the responding g body, with said review t request before the appropriate reviewing Y. to be held within 45 days of the date the request is received. -7- r 4. The CITY and the COUNTY shall make good faith efforts to resolve requests to amend this agreement. Upon completion of the review, the reviewing body may approve the request, deny th- request, or make a determination that the proposed amendment warrants additional review. If it is determined that additional review is necessary, the following procedures shall be followed by the CITY and COUNTY: a. If consistencies noted by both parties cannot be resolved in the review process as outlined in Section IVO), the CITY and the COUNTY may agree to initiate a joint study. Such a study shall commence within 30 days of the date it is determined that a proposed amendment creates an inconsistency, and shall be completed within 30 days of said date. Methodologies and procedures regulating the conduct of the joint study shall be mutually agreed upon by the CITY and the COUNTY prior to commencing the study. i b. Upon completion of the joint study, the study and the recommendations drawn from it shall be included within the record of review. The agency considering the proposed amendment shall give careful consideration to the study prior to making a final decision. B. The parties will jointly review this Agreement every two (2) years, E or more frequently if mutually needed, to evaluate the effectiveness { of the processes set forth herein and to make any necessary amendments. The review process shall commence two (2) years from 4 the date of execution and shall be completed within 60 days. Both s parties shall make a good faith effort to resolve any inconsistencies that may have developed since the previous review. If, after completion of the 60 day review period inconsistencies still remain, either party may terminate this Agreement. VI. Effective Date This Agreement shall be effective upon: 1. Adoption by the CITY and COUNTY of a single comprehensive plan for the CITY and its Active Planning Area; and 2. Adoption of development standards for streets and storm drainage . facilities consistent with and adequate to carry out CITY's 4 Plan; and 3. Adoption of the attached Agreement, Exhibit "A", by the Board of. Directors of the Unified Sewerage Agency of Washington County. /Cctolufi'oo cc 19 This Agreement commences on 1, - k. 043 f4hdl'nq firn„tpo� ivt� lSS1LE( ISE {u 6f n {iF i2artiFf lh cjl l I r J C A CoV^SiS rfn/- Sfrt-Fi- C145S �i16�'0^ stun �q�Of � 6 ThE s fatter of q�.��,. �vacS �s 11 F.v �.� thF a�--t'r=y C F �"hF /"°tray GJv�EV�f� ��'fFtiS,on FCOI'h 7 rt Jo 1„tio', of fhFIF gf�anSf'cr fa�io� 0v(-) � hE ►3'ar�� Ff S�q �� 4�"F nc a (-koh fo Pre-o'JF —q�fF�^at,'�r �d/uiivns 'rd �l�cfE �SSucs. IN WITNESS WHEREOF the parties have executed this Urban Planning Area Agreement on the date ser opposite their signatures. CITY OF TIGARD By Date Mayor WASHINGTON COUNTY By Date Chairman, Board of County Commissioners Date Recording Secretary (0595A) tr t -9- ILE! J11 I K7,og� lip -71--7- wy, Z,"Ll"m I 0,111V JD 2 LU Lu 9= ui LU CC 0 z LU w cr W co cr I.- co -C 0) C) CD LLI W z z cc LU z Q. 4cJ( I a>- Ir z LL. 4c 0 Z<0 Z W -C .2: Ld CO M I-- m 0 03 • 6/9/83 UNIFIED SEWERAGE AGENCY, WASHINGTON COUNTY AND CITY OF TIGARD AGREEMENT THIS AGREEMENT, made and entered into this day of , 1983, by and between the UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY, a County Service District formed under ORS Chapter 451„ hereinafter called "AGENCY" and the CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called "CITY". W I T N E S S E T H: WHEREAS, ORS 190.010 provides that units of local governments may enter into agreements for the performance of any or all functions and activities that a party to the agreement, its officers or agents, have the authority to perform; and WHEREAS, State-wide Planning Goal No. 2 (Land Use Planning) requires that city, county, state and federal agency and special district plans and actions be consistent with the comprehensive plans of cities and counties ; and WHEREAS, ORS 197.185 provides a method for coordination of programs affecting land use of special districts ; and WHEREAS, the parties are amenable to entering into an agreement under the terms and conditions set forth herein; NOW, THEREFORE, IT IS AGREED as follows: I. AGENCY shall undertake its actions within CITY limits and CITY's Active Planning Area in accordance with CITY's Comprehensive Plan. 2. AGENCY shall prohibit the connection of new development within CITY's Active Planning Area to its sewer system facilities unless CITY gives prior written approval. 3. CITY will cooperate with AGENCY in its functions of providing sanitary sewer facilities. 4. This Agreement shall continue until the parties mutually agree to terminate this agreement. IN WITNESS WHEREOF the parties have executed this Agreement on the date set under their signatures. CITY OF TIGARD BOARD OF DIRECTORS, UNIFIED SEWERAGE AGENCY, WASHINGTON COUNTY By By Mayor Chairman Attest City Recorder Recording Secretary Date Date (0596A) B WASHINGTON COUNTY TIGAR l V5 z URBAN PLANNING AREA AGREEMENT THIS AGREEMENT is entered into this day of , 19 by WASHINGTON COUNTY, a political subdivision of she State of Oregon, hereinafter referred to as "COUNTY," and CITY OF TIGARD, an incorporated municipality of the State of Oregon, hereinafter referred to as the "CITY." WHEREAS, ORS 190.010 provides that units of local governments may enter into agreements for the performance of any or all functions and activities that a party to the agreement, its officers or agents, have authority to perform; and WHEREAS, Statewide Planning Coal #2 (Land Use Planning) requires that City, County, Mate and Federal agency and special district plans and actions shall be consistent with the comprehensive plans of the cities and counties and regional plans adopted under ORS Chapter 197; and WHEREAS, the Oregon Land Conservation and Development Commission requires each jurisdiction requesting acknowledgment of compliance to submit an agreement setting forth the means by which land use coordination in the unincorporated areas within the Regional Urban Growth Boundary will be implemented; and WHEREAS, the COUNTY and the CITY, to ensure coordinated and consistent comprehensive plans, consider it mutually advantageous to establish: 1. A site-specific Urban Planning Area within the Regional Urban Growth Boundary within which both the COUNTY and the CITY maintain an interest in comprehensive planning; 2. Policies regarding comprehensive planning and development in the Urban Planning Area; 3. A process for coordinating comprehensive planning and development in the Urban Planning Area; and 4. A process for amending the Urban Planning Area Agreement. NOW THEREFORE, THE COUNTY AND THE CITY AGREE AS FOLLOWS: I. Location of the Urban Planning Area The Urban Planning Area mutually defined by the COUNTY and the CITY includes the area designated on Exhibit "A" to this agreement. II. Comprehensive Planning and Development Policies A. Active Planning Area t s a 1. Definition Active Planning Area means the incorporated area and certain unincorporated areas contiguous to the incorporated area for which the CITY conducts comprehensive planning and seeks to activities to the greatest extent regulate development possible. The CITY Active Planning Area within the Urban Planning Area is designated as Area A on Exhibit "A". 2. The CITY shall be responsible for comprehensive planning within the Active Planning Area. 3. The CITY shall be responsible for coordinating and planning for the provision of urban services in the Active Planning Area. 4. The COUNTY shall not approve land divisions within the Active Planning Area which would create lots less than 10 acres in size, unless public sewer and water service are available to the property. 5. The COUNTY shall not approve a development proposal in the Active Planning Area if the proposal would not provide for, nor be conditioned top rovide for, an enforceable plan for redevelopment to urban densities consistent with CITY's Comprehensive Plan in the future upon annexation to the CITY a.-, indicated by the CITY Comprehensive Plan. 6. Approval of the development actions in the Active Planning Area shall be contingent upon provision of adequate urban services including sewer, water, storm drainage, streets, and police and fire protection. 7. The COUNTY shall not oppose annexation to the CITY within the CITY's Active Planning Area- B. Area of Interest 1. Definition Area of Interest or Primary Area of Interest means unincorporated lands contiguous to the Active Punning Area in which the CITY does not conduct comprehensive planning but in which the CITY does maintain an interest in comprehensive planning and development actions by the COUNTY because of potential impacts on the CITY Active Planning Area. The CITY Area of Interest within the Urban Planning Area is designated as Area B on Exhibit "A." 2. The COUNTY shall be responsible for comprehensive planning and development actions within the Area of Interest. 3. The COUNTY shall be responsible for coordinating and planning for the provision of urban services in the Area of Interest. -2- f: 2. The CITY shall include all right-of-way within and adjacent to property in current and future annexation proposals. In addition, the CITY and the COUNTY shall reach agreement upon a schedule and process for the surrender of jurisdiction of those COUNTY roads currently within the city limits and those COUNTY roads that may be included in future annexations to the CITY if the COUNTY determines these roads are not necessary as part of the COUNTY road system. Such an agreement shall be reached within 60 days of the effective date of this Agreement. 3. Annexations to the CITY outside the Urban Planning Area will not be supported by the COUNTY or the CITY. IZI. Coordination of Comprehensive Planning and Development A. Amendments to or Adoption of a Comprehensive Plan or Implementing Regulation 1. Definitions Comprehensive Plan, as defined by OAR 660-18-010(5) , means a generalized, coordinated land use map and policy statement of the governing body of a local government that interrelates all functional and natural systems and activities relating to the use of lands, including, but not limited to, sewer and water systems, transportation systems, educational facilities, recreational facilities, and natural resources and air and water quality management programs. Implementing Regulation means any local government zoning ordinance, land division ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for implementing a comprehensive plan. 2. Except as provided in subsection (B) below, the COUNTY shall provide the CITY with the appropriate opportunity to participate, review and comment on proposed amendments to or adoption of the COUNTY comprehensive plan or implementing regulations. The CITY shall provide the COUNTY with the appropriate opportunity to participate, review and comment on proposed amendments to or adoption of the City comprehensive plan or implementing regulations. The following procedures shall be followed by the COUNTY and the CITY to notify and involve one another in the process to amend or adopt a comprehensive plan or implementing regulation: a. The CITY or the COUNTY, whichever has jurisdiction over the proposal, hereinafter the originating agency, shall notify the other agency, hereinafter the responding agency, of the proposed action at the time such planning efforts are initiated, but in no ease less than 45 days prior to the t final hearing on adoption. The specific method and level of involvement shall be finalized by "I3emorandums of -4- Understanding" negotiated and signed by the planning directors of the CITY and the COUNTY. The Memorandums of Understanding" shall clearly outline the process by which the responding agency shall participate in the adoption process. If, at the time of being notified of a proposed action, the responding agency determines it does not need to participate in the adoption process, it may waive the requirement to negotiate and sign a "Memorandum of Understanding." b. The originating agency shall transmit draft recommendations on any proposed actions to the responding agency for its review and comment before finalizing. Unless otherwise agreed to in a "Memorandum of Understanding," the responding agency shall have ten (10) days after receipt of a draft to submit comments orally or in writing. Lack of response shall be considered "no objection" to the draft. C. The originating agency shall respond to the comments made by the responding agency either by a) revising the final recommendations, or b) by letter to the responding agency explaining why the comments cannot be addressed in the final draft. d. Comments from the responding agency shall be given consideration as a part of the public record on the proposed action. If after such consideration, the originating agency acts contrary to the position of the responding agency, the responding agency may seek review of the action through the appropriate body and procedures. e. Upon final adoption of the proposed action by the originating agency, it shall transmit the adopting ordinance to the responding agency as soon as publicly available, or if not adopted by ordinance, whatever other written documentation is available to properly inform tha responding agency of the final actions taken. B. Development Actions Requiring Individual Notice to Property Owners 1. Definition Development Action Reguiring Notice means an action by a local government which requires notifying by mail the owners of property which could potentially be affected (usually specified as a distance measured in feet) by a proposed development action which directly affects and is applied to a specific parcel or parcels. Such development actions may include, but not be limited to small trait zoning or comprehensive plan map amendments, conditional or special use permits, individual subdivisions, partitionings or planned developments, variances, and other similar actions requiring a hearings process which is quasi-judicial in nature. -5- the CITY with the opportunity to review 2. The COUNTY will provide and comment on proposed development actions requiring notice within the designated Urban. Planning Area. The CITY will provide the COUNTY with the opportunity to review and comment on proposed development actions requiring notice within the CITY limits that may have an affect on unincorporated portions of the designated Urban Planning Area. 3. The following procedures shall be followed by the COUNTY and the CITY to notify one another of impending development actions: a. The CITY or the COUNTY, whichever has jurisdiction over the proposal, hereinafter the originating agency, shall send by first class mail a copy of the public hearing notice which identifies the proposed development action to the other agency, hereinafter the responding agency, at the earliest opportunity, but no less than ten (10) days prior to the date of the scheduled public hearing. The failure of the responding agency to receive a notice shall not invalidate an action if a good faith attempt was made by the originating agency to notify the responding agency. b. The agency receiving the notice may respond at its discretion. Comments may be submitted in written form or an oral response may be made at the public hearing. Lack of written or oral response shall be considered "no objection" to the proposal. C. The originating agency shall include or attach the comments to the written staff report or supplemental thereto, and respond to any concerns addressed by the responding agency in such report or orally at the hearing. d. Comments from the responding agency shall be given consideration as a part of the public record on the proposed action. If, after such consideration, the originating agency acts contrary to the position of the responding agency, the responding agency may seek appeal of the action through the appropriate appeals body and procedures. C. Additional Coordination Requirements 1. The CITY and the COUNTY shall do the following to notify one another of proposed actions which may affect the community, but are not subject to the notification and participation requirements contained in subsections A and B above: a. The CITY or the COUNTY, whichever has jurisdiction over the proposed actions, hereinafter the originating agency, shall send by first class mail a copy of all public hearing agendas which contain the proposed actions to the other agency, hereinafter the responding agency, at the earliest opportunity, but no less than three (3) days prior to the date of the scheduled public hearing. The failure of the responding agency to receive an agenda shall not invalidate an action if a good faith attempt was made by the originating agency to notify the responding agency. -6- b. The agency receiving the public hearing agenda may respond at its discretion. Comments may be submitted in written form or an oral response may be made at the public hearing. C. Comments from the responding agency shall be given consideration as a part of the public record on the proposed action. If the originating agency acts contrary to the position of the responding agency, the responding agency may seek review of the action through the appropriate body and procedures. IV. Special Policies A. The CITY and the COUNTY shall provide information of comprehensive planning and development actions to their respective recognized Community Planning Organizations (CPO) through the notice procedures outlined in Section III of this Agreement. B. At least one copy of any COUNTY ordinance which proposes to (1) amend the COUNTY comprehensive plan�__(2) a_dop.t_a_„pew plan, or (3) amend the text of the COUNTY- dev lopment code shall 'be mailed to the CITY within five (5) days after its introduction. C. At least one copy of any COUNTY_o_Ldinanawhich proposes to rezone land within one (1) mile of the cog e-- -limits of the CITY shall e mailed to the CITY withinfie (5) days after its sebmrssi-otr--to- COLIN Tz P� ci s s ion A. t - 'y ami-rtg.._ omm V. Amendments to the Urban Planning Area Agreement A. The following procedures shall be followed by the CITY and the COUNTY to amend the language of this agreement or the Urban Planning Area Boundary: 1. The CITY or COUNTY, whichever jurisdiction originates the proposal, shall submit a formal request for amendment to the responding agency. 2. The formal request shall contain the following: a. A statement describing the amendment. b• A statement of findings indicating why the proposed amendment is necessary. C. If the request is to amend the planning area boundary, a map which clearly indicates the proposed change and surrounding area. 3. Upon receipt of a request for amendment from the originating agency, the responding agency shall schedule a review of the request before the appropriate reviewing body, with said review to be held within 45 days of the date the request is received. -7- 4. The CITY and the COUNTY shall make good faith efforts to resolve requests to amend this agreement. Upon completion of the review, the reviewing body may approve the request, deny the request, or make a determination that the •coposed amendment warrants additional review. If it is determined that additional review is necessary, the following procedures shall be followed by the CITY and COUNTY: a. If consistencies noted by both parties cannot be resolved in the review process as outlined in Section IV(3), the CITY and the COUNTY may agree to initiate a joint study. Such a study shall commence within 30 days of the date it is determined that a proposed amendment creates an inconsistency, and shall be completed within 30 days of said date. Methodologies and procedures regulating the conduct of the joint study shall be mutually agreed upon by the CITY and the COUNTY prior to commencing the study. b. Upon completion of the joint study, the study and the recommendations drawn from it shall be included within the record of review. The agency considering ie proposed amendment shall give careful consideration to the study prior to making a final decision. B. The parties will jointly review this Agreement every two (2) years, or more frequently if mutually needed, to evaluate the effectiveness of the processes set forth herein and to make any necessary i amendments. The review process shall commence two (2) years from the date of execution and shall be completed within 60 days. Both parties shall make a good faith effort to resolve any inconsistencies that may have developed since the previous review. If, after completion of the 60 day review period inconsistencies still remain, either party may terminate this Agreement. VI. Effective Date This Agreement shall be effective until January 1, 1984. During this period, the parties shall resolve the following issues now outstanding between them: 1. Adoption by the CITY and COUNTY of a single comprehensive plan for the CITY and its Active Planning Area; and 2. Adoption of development standards for streets and storm drainage facilities consistent with and adequate to carry out CITY's Plan; and 3. Adoption of the attached Agreement, Exhibit "A", by the Board of Directors of the Unified Sewerage Agency of Washington County. h. �� _-�,->`-�- , •�.ftp--�>..� l��-�-�; �...�/ fes- S C 73....t ..a....Ci .�.-7ti-�i �YLtcrX-s--G- -e-.-..K'�.riC�r-.L -a•<•.-1-!)'-rt- h- �` 'a-�G. •-�-c-,.�-i�z�f -.-Qc..-E..v-�.. r/i��_ .��;,.�c,,.�,-C....:r i-a -_ _ _ �, /KQ /'��-r•-�'`�" As of January 1, 1984, this Agreement shall lapse and the agreement currently ! in effect between the parties shall revive, unless: 1. The parties resolve the issues set forth above; and 2. The parties extend the time in which to reach agreement. .- This Agreement commences on , 19 IN WITNESS WHEREOF the parties have executed this Urban Planning Area Agreement on the date set opposite their signatures. CITY OF TIGARD By Date Mayor WASHINGTON COUNTY By Date Chairman, Board of County Commissioners Date Recording Secretary (0595A) r" -9- ev C-4- L March 31 , 1981 Portland mctr;:. E ndry Corn. 320 SI! Stark St. , Suite 530 Portland, OR 97204 ' Dear Donald E. 6arlson: Please be advised that we have received and filed, as of March 30, 1^91 , the follow;no Final Orders: 1690 - City of Cornelius 1678, 1679 - City of Fairview 1674, 1675, 1676 & IG91 - City of tlillsb000 1689 - City of MTlwaukie 1677 - City of Molalla 1680 - City of Oregon City 1683 - City of Portland 1682 - City of Sherwood 1667, 1668, 16849&X1685 — City of Tigard , 1664 - Clack. Co. Serv. Dist. No. 1 1674' - Wolf Creek Highway Dist. Our filing number is 81-53. Sincerely, avriond A. Phelps, Jr. RAP:riz cc: Clack. , hult. , and Wash. Co. Clerks i c NOTICE TO T4XIhu D117FICTS ORS 306 . 225 ArFROVED AS rThis is to notify you that your bouncary FROM: OPS CS 22 c nge in "12 r k-+2"1 (-"" County. for W1 rl STATE OF OREGON DEPARTMENT OF REVENUE _ i U—R MAPPING UNIT DESCMPTION a rfF.P has been: f SALEM, OREGON 97310 �--� i l-Feceived 2 ipproved —T TO: r, 1 t �- LC4 ❑Disapproved (see notes) ( If disapproved. please submit corrected I description and map. P ( Notes- E i FOP. RAPPING UNIT AND ASSESSOR USE ONLY I 4 I F Department of Revenue file .n•o: IEovndary: change uyProp rosed change❑ received fror..• �D-1 _ e I Data received: The change is for e: ascription ❑ Formation of a new district LoDnissolutiOn ion of territory to a districtCertified by registered surveyor or registered "al of territory from a district engineer- ❑ yes �no of a district CC County Assessor appropriate) Boundary f=-.-ission (when appro P Department of Revenue AEA-0-39(11-75) t i Lam, - Dj', -,y CC,11.11SSI ON -D �.L 22 320 S. Stark (=530) Portlal-"d, Ore- 7201 Tel: 9-5307 FI' -%L ORDER -R Ajmexation of territory to the B01jNDARY' Cj-LkNG1_E PROPOSAL NO. 1668 City of Tigard. !66S cc—.cnze_- upon receipt by the Boundary 0-, pro.Dsal No. City f _1d. ID consents from the Ci . 0 Cc=:Lssion of a resolution yoperty be annexed ting that certain p ti Tigard on Decey-ber 5, 1980 rea'ues c,...,ner consents meet the require- The resolution and -p-_O-cTtV to the city articularly ments for initiating a proposal set for _. in ORS 199.490, p Section (2) . ► petition the BoLmdary C07..ru. ssion published and posted receipt of the pet Upon r ing in accordance with ORS 199.463 and conducted notice of thet.-)ublic hearing The COT7�-,assion "Diic heaT:.ng on the proposal on Febris-n- 12, 1981 a p,-, to be r al i,:hich considered economic, rade on this prOP05 also ca sed a stud: d physical develop de:-�2 g sociological trend-, and proiections an graDhic an"-: m-en t of the land. FI\DINCc, See Findings in Exhibit "A" attac- hed hereto) REASONS FOR DECISION, (See Reasons for Decision on Exhibit "A attached hereto) ORDER Findings and Reascr-s for Decision listed above, the On the basis of the Fi N0. 1668 on Boundary Cc-;-- -ed BOUND•--Ry ai-�NGE PROPOSAL ,n.-Ission appTox February 12, 1981. NOW THEREFORE IT IS Or%DERF-D T4_-%T the territory described in Exhibit "B" and depicted be annexed to the City of Tigard as of the . on the attached maps, date of approval. PORTLkXD 11�1-t---FROPOLITAN ARF--% LOC--%L GO% __N) BOUNMALRY Co�;,IISSION By: Date: T Peter McDonald "ice-Chairman Attes Page FINAL ORDER ��..`.1 T `S FI',DINSS 1 �. Cm the basis of the public hearing and the study the Fo n-3ary Commission found that: 1. The territory to be annexed is contiguous to the city and contains 23.79 acres, 28 single family residences, one church, and an estimated population of 70 persons and is evaluated at $1,548,500 2. The city desires annexation to extend the city limits to the Portland city limits, its urban planning area boiuldary, in order to regularize its boundary and plan for service provision within that houndaiy. 3. 71ie Proposal creates an island of unincorporated lands surrounded by the city to the west. 4. 111c territory is developed with lots density residential uses. . it is desig- nated Urban on the Metro and Washington County Framework Plans. The city plans the area primarily for commercial Office-Park. 5. The LCDC Goals have been considered and the proposal conforms with 4 the statewide goals . The staff report is referenced for a goal-by- goal analysis b. the territory is within the Metzger 11ater District which currently ! . seizes the arca. "Me district has several lines in the arca. ,-Ictzger �} Water District provides service for this area of the city and would not i be adversely affected by annexation. The district has planned supply and storage adequate to serve the area. 7_ 'clic territory is within the botuidary of the liniFied Sewerage Acency. The agency does not have a collector system available in the area. t Development of the industrial park will provide gravity service to 1 la.:uio Creek, crossing under Ih.ya 217 in the vicinity of 11u,tnziker St. The Petitioners have also petitioned the city to form a local Improve- ment District to obtain sewer service. The city anticipates forming the L. I.D. and planning the construction to serve all of the Tigard. Triangle area. 8. t=ire Protection is provided by Washington County RFPD #1 which also provides f:reservice for the city. The district would not be adversely impacted by annexation. RL- SON'S FOR DECISION 1. The annexation is consistent with regional, county, and city plans and with LCDC goals. 2. Annexation will make available a full range of urban services to the area s which is part of the Tigard connunity. 3. Annexation is a step toward regularizing the city boundary and improv- ing Planning implementation. and police Protection for the arca. i Page 2 - FINAL ORDER r 111 EMISSION �t^11 IT A,-jnexat ion i t -CITZ' OF TIG=RD iTo:mshiP 2 South, Range 1 West and + A certain tract of land located in Section 1, Section 36 '115R 1W Washington County,Oregon to wit; s � of Lot 0 06' TJest'30 feet from the Northwest corner Beginning at a point North 1 platted; 25, Block 1 of West Portland Heights, as i Lot 25 J tension of thence , along the Northerly ex23e West line to the South e st 5 the west line of said Lot 25 and Lots 24 , 22 and 21 corner of said Lot 21; North— thence, Westerly along the North line of Lot 6 said Block 1 to its North-- rwest corner and the east line of S.W. 70th Avenue (platted German St.) thence, Southerly along the West line of said Lot 6, Block 1 and its { Southerly extension to the Southwest corner of Lot 8, said Block 1; thence , Easterly along the South line of said Lot 8 and Lot 18 of said Block 1 to the Northwest corner of Lot 15, said Block 1; thence, Southerly along the West line of said Lot 15 and its souther y j extension to the _.orthwest corner of Lot 7 , Block 10 said West Portland Heights Addition as platted and the South line of S.W. Baylor Street i (platted Second Street) ; Easterly along the South line of S.W. Baylor Street and aits distance thence, }' extension across S .W. 69th Avenue (platted WasBlocko9 said eWest Portland of 235 feet to the Northwest corner of Lot S, Heights Addition as platted; � the East and West lines thence, Southerly along a line half way between Of said Blocka Blocke9SandhtheyNorth lineeof S.W.tClintonhe hStreeto(platted of Lot 23, said Third Street) ; W. Clinton Street, a thence, westerly along the North line of said S• 0 feet to the Southwest corner of Lot 25 said Block 10; distance of 26 ti the Southerly extension of the West line of thence, Southerly along Block 11 said `nest said Lo[ 25, Block 10 and the West line of Lot 5, Portland Heights Addition, as platted and its Southerly extension, a distance of 360 feet to the :northeast corner of Lot 17 said Block 11; thence, Westerly along the North line of said Lot 17, Block 11 to its Northwest corner; thence, continuing Westerly along the extension of the North line of said lot 17, Block 11, a distance of 30 feet to the West line of said Fest Portland Heights Addition as platted; Page 3 - FI\XIL ORDER 1 � 1r S thence , Southerly along the 'nest line -f said gest Portland Heights Addition, as platted , a distance of 1070 feet to a point on the '*:est line of said West Portland ilei&htF j�.aaitio.1, as platted , which point is 1;esterly 30 feet from the Southwest corner of Lot 18, Block 21 along the Westerly extension of the South line of said Lot 18; 1 thence , Easterly along the Westerlv extension of the North line of ' - said Lot 18, Block 21 and said Southline and its Easterly extension, a distance of 249 feet to the East line of said Block 21 and the ';ortheast corner of Lot 26, said Block 21; •_hence , Southerly along the East line o: said Lot 26 and its Southerly ' of Block 30, extension, a distance of 160 feet to the Northeast corner said ::est Portland Heights Addition, as platted; thence, Westerly along the North line of said Block 30 and its Westerly extension, a distance of 269 feet to a point on the West line of said West Portland Heights Addition, as platted, said point being 30 feet s Westerly along the Westerly extension of the North line of said Block 30; thence, Southerly along the West line of said Addition, as platted, a distance of 610 feet to a point which is Westerly 30 feet from the North— s:est corner of Lot 9 , Block 31, said West Portland Heights addition, t tension of the North line of said Lot 9 as platted along the Westerly ex , 1 Block 31 ; thence , Easterly along the Westerly extension of, and the North line of, said Lot 9 and Lot• 36 said Block 31 and the Easterly extension of the centerline of S .W. 69th .'',vc,nue North line of said Lot 36 to the (platted Washington Street) and the existing city limit line; thence, Northerly along the existing city limit line 130 feet to the interseetin" of the centerline of S.W. 69th Avenue and S•W. Gonzaga Street 1platted Seventh Street) ; _ r line of S.W. Gonzaga Street, a distance thence , Easterly along the cente of 290 feet to the intersection of the centerline of S.W. Gonzaga Street and the Southerly extension of the West line of Block 23, said West Portland '• Heights Addition, as platted; thence , Northerly along said last mentioned Southerly extension and the ! West line of Block 28, a distance of 350 feet to the Northwest corner ! of Lot 9, said Block 28; 1 thence , Easterly along the North line of Lots 9 and 36 and the Easterly i extension of Lot 36 said Block 28, a distance of 230 feet to the tenter line of S.W. 67th Avenue (platted Lincoln Sr.reet) and the existing city limit line ; Page 4 - FINAL ORDER a c =lc �= i � thence, t`7orthc•rly slung tt:c ccntrrlinF of S •!�. 67th �+velicle , a distance of 130 feet to the centerline of S.!:. }'r,inF=lin Strcut (platted SCrc—t ) ; i Of S.14- Franklin Stsoet , a distance of thence, Westerly along the centerline i 250 feet to ttie centerline of . 68th Avenue (platted Grant Screeti ; i line of S.W. 68th Avenue, a distance o thence, Northerly along the center ! et along the Easterly extensio 130 feet, to a point Easterly 30 fen of the fi Soueh line of Let 2i , B)ock 22 Wust Portland lieights Addition; tl.csterl along the Easterly extcr.sion of circ South lino of Lot 21 , tilencv , Y Block 22, said West portland ?eights i the South lint. of Lots 27 and 18, and the West Addition as platted, to the Southwest corner of said Lot 18, - line of said Block 22; - along line of said Block 22, a distance of 100 thence, Northerly ag the [,lest feet to the Northwest corner of Lot 15 and Block 22; thence, Easterly a distance of 100 feet to the 'Northeast corner of said Lot ' 13, Block 22; thrtl�erly along the East lines of Lots 14 , 13, 12, 11 , 10, e and 4 thenc31e, rto the northeast corner of said Lot 4 and the South line of S-H. e, ::o Elmhurst Street (platted -;:ifth Street) ; —: EastcTl slung, the South line of S.!:. Elmhurst Street and its E�ititcrLY Lh�'ncc, Y said i:cst Port 1<lnd Heights extension to the :;orthwest corner of Block 23, r line of 5.1:_ 611th Avenue ; Addition and the East the East line of said S.W. 68th i%venue and Clic gest thence. Southerly along; line of Block 23 said West Portland iieights Addition, IiLoek platted, a distance of 100 fret to the :�erthwcst corner of I_nt 9, ' line of said Lot 9, a distance of 100 feet to thence. -Farr^rlY along the North the Southeast corner of Lot 4 , said 31 or.k 23; f the East line o€ said Lot 4 and thence, Northerly alongits Northerly extension 1 across S.W. Elmhurst Street to a point on the South line of Block 18 saidOL WestesGaid ing Portland flcigh Addl�rthe•rlalaTonKnthceEastt Linehe vofhsaid Loteast n22 and er of Lits Northerly Block 18 continuing Y extension to the N orthwcst corner of Loc 35 said Block 18; thence , Easterly alon: Lhe North of said Let 35 and its Easterly cxtencion to the '+orth-.,;Ccorner n: Loc 9 131ock 17 '•+est port land :ieights ,addition; continuing tit line of said Lot 9 and its Easterly extension to the Easterly alum; rhe for Northeast corner of Lot 36 said Block 17 ; b Page 5 - FINAL ORDER t 'S r gest line of S .W. 66th Avenue (platted Garfield Strecr ) thence, Nortlierly along, the c . . 66th Avenue• and a distance of 410 fent to a14 un the said line or said ;;:Jest Portland lleic;hts Add itior , the Nortliczst corner of Lot 3"l. Block 14 said . j as platted; tliencc, Westerly alon+; the North line of said Lot 32 , a distance: of 100 feet to the Northwest corner thereof; thence, Southerly along; the llc:;t line of Lot 32 and its Southerly entc•nsion c to thn Northeast corner of Lot 16, said Block 14 ; thence, westerly along; the ;lorih line of said Lot 16 and its ae•sterty extension ' a distance of 260 feet to the Northeast corner of Lot 16 of Block 13; t o:theriv SU ;tet to tl�e Southeast corner of I.ot 13 , Block 13; thence. j N 1 -100 feet to the 5outhPasr_• corner of Lot 32, said Bloc's 13; thence, 5astt'r •� an easterly extension of thence, Easterly 60 teet alongAZhe South line of said LoL 32 , Block 13 ' to the Eastline of S..•1. 67th Avenue and to the Northwest corner of i.ot 14 , libel: 14 , said West Portland Heights Addition, as platted; ,1 said Block 14 and its ': thence, tiorttierly aloe}; thurtherly e West line of extension and 'the Wost line of Block 7, a distance of 635 feet to tl�e �( Northwest corner of Lot 9 said Block 7; tiicncc Easterly along; the ::orth lines of Lots 9 and 36 said Block 7, a distance i of 200 feet to the Northeast corner of said Lot 36; then cL Northerly along the East line of Lot 8 said Block 7 and its Northerly f rxtcnsion to the Southeast corner of 131oek 4 said ]•lest Portland icig; its Addition; as plat: •:_d thenen, Westerly along; the South line of said Bruck 4 and its 'Additionvst.crly extension platted; i to the Southeast corner of Block 3 said Wc:st Portland Heights Addition, as P ly thence , Northerly along the £a Portlanduf saiieightsBlock 3 Addition,dastpla�tted,randethension t to the %orth line of [lie [Jest Po existing, city limit line, thence , :•lesterly along the North line of the lest Portland 11ei:;lits Addition, existing city limit lines to CI-IL: 1'QI:,T OF Ii Gt: i1::G. as Platted, and the ex i_ Page 6 - FI\AL ORDER _ I. .440 SfR E ET •• _ __,]T ly i•• - 'L� +1fG�.'-i�� •• -'.D. ^ ir70G'..N�d.• j/ 2o__ I Ion?�� "• ~ ?' s..t_ s- • — — �1 FFs-- cc — — zo f s_ _ ! W ,rte W I co; ,7 W1-30C Z ' i ;W.• 1 1 I r ,� I ! r. I .: 4 _ , t �� `Z , ( 1 1 _ [AJZ —� =71 Q I. -0 u.=Z 13 ' n.,z' � r =2:=1 =s .6Q Q - .is s----� =--- ,:SW d 13AYLOR STREET W r f9ffisl■ ;.S9 y ,... 1. L• 7'QI j-]i . s :c r •o - 11 �s; 7. [moi oo Is l ' z= ,I S_3 77^i: . ...,,•. '1 AREA yTO BE ANNEXED I z=oo 9 i � — — _2`'• x r3-,�•— — — x _j7 I =O:eJG I 7D~ !.G !• �a� qr i3 _ [7 r i[N77 3L� . d 129J }, ' t =t 1. S7W 3• i I. 1 3• - =3 -_ ..Iss: li ..� I =2 �= - -31 I -'2 L't _ JC.2sc r� L- 7:oc iz� �.� _ _6_ s .s 7 •30o sz ,_ y 77 I .. -''^ - 3 L -,cc SEE Y.► IF_1i22LJ_ - _12•CD 12J F =3- - - - 30 i }- I .� - ! 3cCC.�,; h F- =3 o i-11 - %.Z , ..c'NI - 1 n2s1 [p '}•f'H=� 30ff tr 7_ •7 zc !=r,Tg ^7-_:-I! r ^t to - - - -. 29^ L -f - _W_ _! r t-tet-.. -. 2• _ '•f..- 77 1 'z3oc' t+ i secs - >Zv•' I .I ��*' Tom? it: yr 3• I h L 27 23 24 25 ?6 27 2e I H2 a 27 24 L n. ! 9 2--z' L'z)2.25 26 I SW CLINTOt:� -i�A mSTREET 1- 7000 b 2f L.: j f.JD S-0c 3300 x•7-19. T, .. 3. i. 7:i or ca C 71007:9:•� ]i I .St2o;' 6000_3, ! i^s 3o�_/i_iJ_Oo-xJ - - - - - - - - - ::LLllll �o— I 3s w + 1 { _ — �•- — —_ _ _ I Ll ]1=I ' =2 - - •9�0-1:1 - _ 7 = ---7 .rico -1 12 1 - 12s! [i Do i`, L7 s_��-L.- .�_�•.- - u_ _ [ _ -� -, - - - N s-- , ! clo: _.� I �1 ='� _ 1 -•} 2r� I .. .•_ 4- iD - 7 i s, ]-J iT i _ •Tx arc i i^� �- 3r-, DI r; 1,_.Ja =9 2. 232•.M.2� 1+ .f � � �^.:32N:3: I'9 :-y2'1 2^ " .32+25.U. i= = ,f:p 2, 2�2 t a . a•.a/ t,.. _ 1 1 SW - DARTMOLrTH ST \0 i Sem 47,•7 a,6 PROPOSAL NO . 1668 f CITY OF TIGARD ! FIG . 20- Lr-C"* .*�"�-1t=D1 ` NE 1�: ►:E 1/4 SECTION I T25 RIW W.M. � x y 2s ■ L See. .' 2 C $CAL[ r�yt DARTMOUTH ST ,.. 7 .4 i t L J ! 7 ' ` I•� l llflal9 a� ►1• ' 1=19.• lIc� 1• ID L — --� - a Ian 1, --�- •1 - --I t6 i 417�Ti V !7 - I !t1 - _ -� j AREy TO BE NN El E,7 > Isa-- -- - a lam l i I I 1 1 1 ! 1 1 la n �'allaa:al,sala'x In+a�aliv as�,aa'as ! 1 1 1 1 LI t l � : l l •� r l l t l � I � I.ri�-I rl�l rl•.1+: i S wELMHURST I ; l }oa ■ ! 1 I , 1 r I 1 a' � o.a ,a _ ta_ I l 1 I '•' /1j,9 a �la' rtr 1 1 1 1 ' 1 • � � � i t l ( j t l 1 1 1 _. •' L J- J'�jr 33 rboa w CITY OF TIGaRD 2- T u - _ - - 4= y� Q ' J - ' -�---a•- f I - - - - - - - 3 I 1 - .• ar —I r-� T 7 t- � T ! i TT •, •• -. ! ! 1 1 I 1 ' ! ' , ; 1 1 1-00 IB;w a11a 2-1 Mafi ,a,.+�ast•'as a��rr»a I 1 � , 1 1 1 � , ' l 14E s,Vv.j i=RA T TT r T- t 1 arpo, ' 1 � �� 1'�•�� 1 ( .,f+o 1 ; ; a aoo i a.co i i laaoo +4o I ;a 1�1 a �1 I a!• !�� ,�� 1� 1;a.9 , �s 1 a 1 r �•( 1 � 1 1 1 ' __ 1 ' I 1 ( 1 ; ' 1 ! �. ! ! 1t I J no It i - i, s�"' • I r- -_ ♦x.70 - _ - - ♦ _- - - r f r 3 O is a—21– ,; _ vj 26 -j->E • �' 'r r �- 1 -� { T j :co r-1 ------ - .61 1- r1ri '! 7 `I t 1 •1 ,srl�o -,p >•' 1 1 1 1 1 ! I , t S I ' I levtllaa;n,a+:a5j t •j 1.1,Ar.l•t1:�...1 bl,sl 1 1 ! ! 1 1 t . . t• 1 1 .r L-I _�_1—f.-1_ ST i S.W. IPS■tt-==z-;gra-... - - — -- - — -- _ ' �je-p— a C ^�i— PROPOSAL NO, 1668 --- -- — City of Tigard ` Fig 2b.-`-- r --t ;Top oSal No. 8 SE 1/4 NEI/4 SECTION I T2 RIMY W.M. I SCALE IOG , L , S([ b•• l .. { 2s ,•• 1 l 5 ee 9. zb LLi I i � ; CLAC�1�1111i As v:'ASi-!iNGTON � D NORMA PAULUS ,L•. RETARY OF STATE f �Jiir�i , •,7 t. _i sY _ c _ ..^ ^�•� Z _ uiJ ~�.`•V y Z 4TMO '{ 4 1 1 � .L rT"!'•t I OREGON?CRTLANO. ORON 97244 PF fGtvr 229-5W7 •" 320 SW STARK STREET (SUITE 530) Y March 26, 1981 LiI SECRETARY OF STATE S - FA Ry OF FATE t The Hon. Norma Paulus ` E Enclosed please find copies of the Final Order(s) adopted by the PORTT.-AAID METROPOLITAN AREA LOCAL G0�'ER'�ME BOUNDARY P con4ISSION on: j t February 12, 1981 FINAL ORDERS) 'SOS_ : 1667; 1668; 1674; 1675; 1676 Sincerely, i Donald E. rlson Executive Officer DEC/j k Enc. \ CCMMISS;CNERS. STAFFtitATER. Cra n*an ERIC JORGENSEN ,JAMES L .,tarn e) cAMA PARTLC'N DONALD E. CARLSON ExeCut:•.e CH Cer nE-ER MCZDONALD v.cef•,+a,rr-tan K S N Execut:ve Ags,Stant ;•AYNE AT'.E2ERRY CARCL STEE-E �ENIECE WON ass; Acr-r• Ana,yst C=ANK EiSEMAN _E,AN KRETZER A7^r's.'at've "S!S.anT June 9, 1983 Memorandum TO: Mayor & City Council y FROM: Department of Planning and DevelopmenCYk. SUBJECT: Zoning Ordinance Amendment ZOA-1-83 Sensitive Lands Since the adoption of the Floodplain Policies within the Comprehensive Plan, it has been necessary to revise the Sensitive Lands chapter of the Zoning Ordinance. Staff has included a revised Sensitive Lands chapter in the draft Tigard Community Development Code. The revised chapter is also attached to this memo. This issue was reviewed by the Planning Commission at their June 7, 1983 meeting. At that time it was suggested they choose one of two options when reviewing the draft Sensitive Lands chapter: 1) Review it separately from the remaining portions of the draft Tigard Community Development Code, or 2) Review it in conjunction with the entire draft Tigard Community Development Code since the Sensitive Lands chapter references other chapters of the draft Code, and since the timing on both issues if reviewed separately will probably occur at the same time. The Planning Commission decided on the latter option and also requested that Planning Commission and City Council set up a joint study session to cooperatively review the issues related to Sensitive Lands. If the City Council believes that a joint study session with the Planning Commission is appropriate, staff will schedule Monday, June 27, 1983 for the study session. _Requested Action 1. The City Council should determine how the Sensitive Lands issue should be reviewed and whether it is appropriate to conduct a joint study session with the Planning Commission on this matter. (0458A) I t { i 18.84 SENSITIVE LANDS 18 84 010 Purpose or development A. Sensitive Lar-ds are lands potentieary floodplainunsuitable fe within natural because of location within 100-y drainageway, on steep slopes or on unstable ground. designatedare B. Sensitive land areas and welfareof the community through the public health, safety ? regulation of these sensitive land areas. C. The regulations of this Chapter are intende Managemento t implement comprehensive Plan and the Federal Emergency preserveto natural flood insurance program, and help and toma ntain the September land areas from encroaching f 1981 zero-foot rise floodway elevation. Of D. city actions under this Chapter act will the recognize zof therights City,ts its reparian owners to be free to and land owners and g commissions, representatives and agents, ; occupiers. 's 18.84.015 A licabilit of Uses - Permitted, Prohibited and Nonconformin k ovided by subsection (B), the following uses shall A. Except as pr ith sensitive land areas: be outright permitted w k 1. Accessory uses such as lawns, gardens or play areas; 2. Agricultural uses conducted without locating a structure within the sensitive land area; ti i 3. community recreation uses such as bicycle and pedestrian paths or athletic fields or parks, excluding structures; ation areas for water, soil, open 4. Public and private consery space, forest and wildlife resources; k 5. Removal of poison oak, tansy ragwort, blackberry or other noxious vegetation; ! 6. Maintenance of floodway, excluding rechanneling; and 7. Fences, excluding floodplain area. The following uses and activities are permitted only by a B. ted by the Hearings Officer except Sensitive Lands permit gran (3)(a) and (b): 1, Land form alteration or deveiopmc«t the 100-year floodplain; 2. Land form alteration or development on slopes of 25 or i greater and unstable ground; 4 IV-28 r 3. Land form alteration or development within a drainageway where there is year round water flow, unless: a. the drainageway is proposed to be incorporated into a public facility of adequate size to accommodate maximum water flow in accordance with the adopted 1981 Master Drainage Plan; or ` b. The land is not proposed to be partitioned, subdivided or developed. f !+. The provisions in subsection 3 (a) and 3 Cb) may be approved by the Director. authorized by other provisions of this 3 C. Except as explicitly a chapter, all other use are prohibited on sensitive land areas. A use established prior to the adoption of this Code, which D. this chapter or which would be subject to would be prohibited by t the limitations and controls imposed ectttos theprovisionsof considered nonconforming, and be subj chapter 18.132 of this Code. i 18.84.020 Administration and A royal Process shall b The applicant for a Sensitive Lands permit e the recorded owner of the propertthe A. y or an agent authorized in writin owner. conference with City staff is required. See B. A Pre-Application Section 18.32.030. possible changes in State statutes, or regional or local C. Due to p applicant during the policy, information gives^ by staff to the Pre-Application Conference is valid for not more than 6 months. 1, Another Pre-Application Conference is required if any application is submitted 6 months after the variance Pre-Application Conference. 2. Failure of the thislrector chaptertshallprovide not constitute the ainformation of required y applications. the standard, criteria or requirements of the app The Hearings Officer shall approve, approve with conditions or D. permit as set forth in deny an application for a Sensitive Lands Section 18.84.015 (B)(1)(2)(3) , excluding subsections (3)(a) and (3)(b). The Direapprove with conditions or deny an Director shall approve, E. a Sensitive Lands permit as set forth in application for l.B)(3)(a) and (b). Sections 18.84.015 IV-29 f i t i 1 F. The Hearings Officer and the Director shall apply the standards set forth in Section 18.84.040 of eitChapter when reviewing an application for a Sensitive Lands p rm - G. The decision of the Hearings Officer or Director may be appealed in accordance with Section 18.32.260(B) - request a review before the Council if 1. The applicant may Officer is to deny or to approve the action of the Hearings with conditions. applicant may request a hearing before the Commission 2. The app or approve with if the action of the Director is to deny conditions. 3. Any person or group of persons whose interests are adversely affected by this action may appealdecision the to the Council if the action =peh the rings Ce ith conditions decision is to approve or appV application. i 4. Any persons or groups of persons whose interests are i adversely affected by this action may appeal the decision adversely Commission if the action of the Director's decision to is to approve or approve with conditions. sensitive lands proposal F. The Director shall mail notice a Who may have the right to decision to the following persons Commission in accordance with request a hearing Section 18.32.280. of record within feet cfeet if I. All property owners whih is the approved by the Director) of the property subject of the application; and 2. The Chairperson of an official recognized Neighborhood Planning Organization, if the property which is the subject of the application lies wholly or partially within the ation or is adjacent thereto. boundaries of such organiz 18.84.030 Ex iration of Approval - Standards of Extension of Time A. Approval of a Sensitive Lands permit shall be void after one year unless: of the approved plan has begun 1. Substantial construction within one year period; or 2. Construction on the site is a departure from the approved plan. upon written request by the B. The $earings Officer shall, P rant an extension of applicant and payment of the required fee, g the approval period not to exceed six months provided that: IV-30 ( 1. No changes are made on the original variance plan as approved by the Director; 2. The applicant can show intent of initiating construction of the site within the six-month extension period; and 3. There have been no changes in the applicable policies and ordinance provisions on which the approval was based. s 4 18.84.040Approval Standards Hearings Officer shall make findings on the following The Hear A. in with conditions or denying an criteria when approving, approving floodplain: application request within the 100-yeari 1 1. Land form alterations which preserve or enhance the s nd zero-foot rise floodway shallfunctnoot result lin a e any narrowing of the floodway boundary. shall n 2. the land form alteration or development within the 100-year floodplain is designated on the Comprehensive Plan Map: € Land Use as either Commercial or Industrial; { 3. The land form alteration or development is reasonable and ! necessary to achieve better economic use of the site; I[ f or development is not located !+. The land form alteration within the floodway; 5. The land form alteration or development will not result in any increase in the elevation of.. the zero-foot rise floodway; 6. The remaining undeveloped land within the greenway as of September 1, 1981 is intended to be dedicated to the City for flood control and greenway purposes; 7. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway pian; 8. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. 9. The applicant will deposit in the City's applicable account, adequate cash to cover the construction of the pedestrian/bicycle pathway if such pathway will not be constructed directly after the time when the land form alteration or development is completed as determined at site design review. r B. The Hearings Officer shall make findings on the foll-wing criteria when approving, approving with conditions or denying an application request for a Sensitive Lands permit on slopes of 25% or greater or unstable ground: IV-31 i on r 1. The extent and nature n t and oftcreate p site formhe prosedldisturb ncesCe to lan \ 11 or development w extent greater than that required for the uses; 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground stability, or other adverse on-site and off-site effects or hazards to life or property. 3, Appropriate siting and design safeguards shall ensure dation and structural stability �.nd proper drainage of ffthe following crawl space areas for development with any hi h shrink-swell soil conditions: Wet/high water table; g � compressible/organic; and shallow capability; depth-to-bedrock; and F 4. Where natural vegetation has been removed not t land fort rm alteration or development, replanted to structures or impervious surfaces shall be 18.106 prevent erosion in accordance with r (LANDSCAPING AND SCREENING). s Officer shall make findings on the following C. The Hearing criteria when approving, approving with conditions or denying an a Sensitive Lands permit within application request for i `- drainageways: 1. The extent and nature of the proposed land form alteration or development thanithattcreate required for the uses;disturbances to the extent gree •. 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground stability or other adverse on-site and off-site effects or hazards to life or property; 3. The water flow capacity of the drainageway is not decreased; and rm 4. Where natural vegetation has been the removed areasd notcovered toland foby alteration or the development, structures or impervious surfaces shall be replanted to prevent erosion in accordance with Section 18.106 (LANDSCAPING AND SCREENING). D. The Director shall make findings on the following acr application eria whe approving, approving with conditions or denying request for a Sensitive Lands permit within drainageways. 1. The extent and nature of the proposed land form alteration will not create site disturbances to an extent greater than i that required for the uses; IV-32 I i 2. The proposed land form alteration oundwlll stability not result or other erosion, stream sedimentation, g f-site effects or hazards to life or adverse on-site and of property; 3. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow n accordance and with the adopted 1981 Master Drainage Plan; 4. The land involved on which the land form al esti n is or to take place will not be partitioned request. developed as a part of this app 18.84.050 A lication Submission Requirements A. All applications shall be made on forms provided by the Director and shall be accompanied by: 1, five copies of the Sensitive Lands permit proposal and iwhich explains how the proposal necessary data or narrative conforms to the standards, and a. The site plan(s) and required drawings shall be on sheets not exceeding 18" x 24"; and b. The scale for the site plan(s) shall be 20, 50 or 100 feet to the inch. 1 C. All drawings or structure elevations or floor plans shall be a standard architectural scale, being 1/4" or 1/8" to the foot. 2. Names and addresses of all persons who are property owners of record within 250 feet of the site. 3. The required fee. B. The required information may be combined on one map. C. The site plan(s) , data and narrative shall include the following: 1. An existing site conditions analysis, Section 18.84.070; 2. A site plan, Section 18.84.080; 3. A grading plan, Section 18.84.090; 4. A landscape plan, 5. Architectural elevations of all structures, Section 18.84.110; 6. A sign plan, Section 18.84.120; 7. A copy of all existing and proposed restrictions or covenants, or prior approval by the City or County- IV-33 Information Required and Waiver of Requirements 18.84.060 Additional A. The Director may require information in addition to that required by this chapter in accordance with Section 18.32.055 (A) . B. The Director may waive a specific requirement for information in accordance with Section 17.32.055 (B) and (C) . 18.84.070 Site conditions A. The site analysis drawings shall include: 1. map showing streets and access points, A vicinity pedestrian and bicycle pathways, and utility locations ; 2. The site size and its dimensions ; 3. Contour lines at 2-foot intervals for grades 0-10%6 and 5-foot intervals for grades over 10 percent; 4. The location of drainage patterns and drainage courses ; 5. The location of natural hazard areas including: 3. Floodplains areas (100-year floodplain and floodway) ; t� b. Slopes in excess of 25%; C. Unstable ground (areas subject to slumping, earth slides or movement) ; d, inches hof lng the ahigh surface seasonal three water more table within Areas weeksof the year; e. Areas having a severe soil erosion potential; or as defined by the Soil Conservation Service; f. Areas having severe weak foundation soils. 6. The locatioc► of resource areas as shown or the Comprehensive Plan inventory map including: a. Wildlife habicat; and b. Wetlands. 7. The location of site features including: a. Rock outcroppings; and b. Trees with 6" caliper or greater measured 4 feet from ground level. IV-34 8. The location of existing structures on the site and proposed use of those structures. 18.84.080 The Site Plan A. The proposed site development plan shall be at the same scale as the site analysis plan and shall include the following information: 1. The proposed site and surrounding properties; 2. Contour line intervals (see Section 18.84.070 (A)(3) ; 3. The location, dimensions and names of all: a. Existing and platted streets and other public ways and easements or. the site and on adjoining properties; and b. Proposed streets or other public ways and easements on the site. 4. The location and dimension of: a. The entrances and exits on the site; b. The parking and traffic circulation areas ; C. Loading and services areas; f d. Pedestrian and bicycle facilities ; e. Outdoor common areas; and f. Above ground utilities. 5. The location, dimensions and setback distances of all: a. Existing structures, improvements and utilities which are located on adjacent property within 25 feet of the site and are permanent in nature. b. Proposed structures, improvements and utilities on the site. 6. The location of areas to be landscaped; and 7. The locations of proposed utility lines. 18.84-090 Grading Plan A. The site plan shall include a grading plan which contains the following information: 1. Requirements in Sections 18.84.070 and 18.84.080 of this chapter. IV-35 2, the location and extent to which grading will take place ratios and slope indicating contour lines, slope stabilization proposals. 3. A statement from a registered engineer supported by factual data substantiating: a. The validity of the slope stabilization proposals ; b. That other off-site problems will be mitigated; C. Stream flow calculations ; d. Cut and fill calculations; and f. Channelization measures proposed. 18 84 100 Landscape Plan A. The landscape plan shall be drawn at the same scale of the Site Analysis plan or a larger scale if necessary and shall indicate: 1. Location and height of fences, buffers and screenings ; 2. Location of terraces, decks, shelters, play areas and common open spaces, where applicable; and 3. Location, type and size of existing and proposed plant materials. B. The landscape plan shall include a narrative which addresses: 1. Soil conditions ; and 2. Erosion control measures that will be used. IV-36 E F i CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 13 1983 AGENDA ITEM #: DATE SUBMITTED: June 1 1983 PREVIOUS ACTION: N/A ISSUE/AGENDA TITLE: Purchasing__ REQUESTED BY: and Contracting System P Procedure U date F DEPARTMENT ADMINISTRATOR: HEAD OK: INFORMATION SUMMARY The City's Purchasing and Contracting systems need to be streamlined and updated to current codes. See two attached memos and proposals. Sufficient appropriation authority exists in the 82-83 budget for the two consulting alternatives. k a t r A i r 4 t i ALTERNATIVES CONSIDERED a 1 . Have staff perform update: by June, 1984. . . 2. Have consultant perform update: $5,500 by 7/ 15/83. . • 3. Have consultant and staff perform update: $4,000 by August, 1983. • • SUGGSTED ACTION JV\.V1E+ Authorize the City Administrator to enter into contract per proposal for either alternative #2 or #3 as Council determines. P-0483-017 CITY OF TIGARD PROPOSAL Our Cost Estimate for our Services is as follows: ITEM DESCRIPTION EST.HOURS* 1. Program Meeting - Administrative 1.5 2. Review/Analysis ORS/Charter 3.0 �s 3. Review/Analysis Policies/Procedures 2.5 4. Meetings with Department Heads/Staff Operations 1 .5 Engineering 1 .5 Public Works Director 1 .5 Police 1 .0 7) Librarian .5 t Planning Director 1 .0 <- Finance & Services 2.0 \� Administrator 1 .5 5. Develop/Draft Procedures Capital Commitment/ Expenditures 24.0 Purchasing Manual 20.0 ---- J Standard Terms and Conditions 18.0 + f Checks & Balances Flow l Chart 10.0 6. Training Sessions Uniform Commercial Code 2.0 Leveraged Buying Techniques 2.0 "Black Book" Capital Expenditure Documentation 4.0 97.5 Hours* 97.5 Estimated Hours @ $56.00/Hour = $5,460.00 Est. We bill on an actual hour incurred basis. In no event will costs exceed $5,500.00 for the Program. * In order to minimize hours/costs we understand that you will provide reasonable clerical/secretarial services, gather all appropriate documents for review and arrange all meetings on a consecutive basis. May 17, 1983 MEMORANDUM TO: Mayor and City Council Council FROM: Bob Jean, City Administrator SUBJECT: P,.irchasing System and Procedure Among the Council goals are: Accountability (4.5) , Contracting (3.5), and Purchasing (4.0). With our improved Budgeting and Financial Planning, our renewed efforts on internal Finance and Accounting controls, and the recent reorganization with the City Recorder as Purchasing Agent, we are now ready for the Purchasing System. My concerns with our present system are: o We have guidelines, but no centrally managed purchasing system; o There are conflicts between our guidelines, the Tigard Municipal Code and State law; r o The authorization process and levels of authority need to be streamlined; o Standard form contracts and purchase order terms and conditions need to be developed; o Professional service contract guidelines for engineers and architects are non-existent and current practices may violate some State statutes; o Pre-qualification of vendors, consultants and contractors can save time and money but is limited; o Litigation risk and liability exposure can be reduced; o "Best practice purchasing" techniques should be instituted. Internally, only myself, the Public Works Director/City Engineer and the City Attorney's Office collectively have the knowledge and expertise to revise and establish the Purchasing System and Procedure. Given time and 'budget constraints, this project would take us into FY 1983-84 to complete. Alternatively, a consultant could be hired specifically to review and streamline the system, develop a Purchasing System Manual and standard forms, and train staff to implement the improved system for FY 1983-84. r i Memo May 17, 1983 Page 2 the opportunity to get annual bulk rate proposals at the start n a Given Summer/Fall construction contracts, and Council fiscal year, our upcoming negotiations, our consulting engineer contract concern for upgrading I would want our City recommend that we hire a consultant to assi involved .with tae consultant from 1 Recorder/Purchasing Agent to be actively finish, since ongoing operation of the. system would then be her } start to would want a con who could provide that responsibility- Finally, I ers ective to Council anyll objective review of d myself in the overa a outside p P it our Purchasing System. proposal from Frank `Iepedino, President, the Ipswich Group, t I have asked for a prop purchasing and contracting.Tigard firm specializing in p Pt $5,500 proposal with 2/3 ($3,685) charged I would recommend that we acce his 815) charged to the General Fund. I feel to the enterprise funds and 1/3 ($1, proposal that staff and Cit delay wouldtcostime w us much ould easily cost more more over than this fiscal r and that the time y y or a year. One major construction contract error could e sbudget swould mrepay the 1/2A savings in our $910,000 Materials and supplies investment. Staff Recommendation: osal from the Ipswich Group Approve the Purchasing Sys` a and Procedures Prop SeFunds, to et in an amount not to exceed $5,500 (2/3 to e to as'gna contractperi the General Fund). Authorize the City Administrator sal providing for presentation jAugust f recommendations to the e1 pCouncil by the propo July 11, 1983 Regular Meeting and ro ect completion by PM i NEW THE IPSWICH GROUP Consulting Services Proposal: P-0483-017 May 5, 1983 Mr. Bobert W. Jean City Administrator City of Tigard P.O. Box 23397 Tigard. Oregon 97223 Dear Mr. Jean: You asked for a proposal to address your concerns. particularly regarding The City of Tigard's Capital Commitment and Expenditure methods. We have reviewed the information you provided and have carefully considered our recent discussions. THE IPSWICH GROUP is pleased to submit the following proposal to: • Substantially improve your "Contract Risk" position. (Contract Risk is the cumulative sum of City Liabilities and obligations under each capital contract and not simply the "Bottom-Line" dollar commitment. ) • Reduce your direct purchase costs for goods and services through "Leveraged" procurement techniques. • Reduce the administrative costs of your Purchasing/Contracting functions. • Provide you improved Purchasing/Contracting Policies and Procedures and Commercial Terms & Conditions. ° Improve your management "Checks & Balances" in the Expenditure/Commitment Cycle. Our service will make available to The City of Tigard, the expertise gained by our over twenty (20) years experience in providing such services to a wide range of some of the most progressive Corporations in the Country. We will rr.;t only reduce your costs, but will show you how to implement preventative management techniques. This will result in increased management visability and control; reduced attorney expenses and litigation; and overall improved operations. -1- 11910 S.W. Summercrest • Suite 100 • Tigard, Oregon 97223 Telephone (503) 639-7600 Dueto my interest in The City of Tigard, I will also offer to: personally provide all services rather than have my Staff Associates assist. ° provide the City with a guaranteed not-to-exceed maximum cost of $5,500.00 for the entire program (we will, of course, bill only for the hours expended and your costs may be less than our estimate). ° Invoice the City at my Associate's rate rather than my normal "Principal's Rate". All of these offers are quite unusual for us. Therefore, I would appreciate some discretion as to disclosures of details. Enclosed is our Cost Estimate for this Program, our Standard Rate Schedule and some additional information on THE IPSWICH GROUP, A Tigard, Oregon firm. I will call you in a few days to consumate our Agreement. We can then establish a schedule for completion of the work. Yours truly,, � Francis J. Tepedino President FJr:kc Enclosures P-0483-017 CITY OF TIGARD PROPOSAL Our Cost Estimate for our Services is as follows: EST.HOURS* ITEM DESCRIPTION 1, Program Meeting - Administrative 1.5 2, Review/Analysis ORS/Charter 3.0 ! 3, review/Analysis Policies/Procedures 2.5 + 4. Meetings with Department Heads/Staff Operations 1 .5 Engineering 1 .5 Public Works Director 1 .0 Police .5 Librarian 1 .0 Planning Director 2.0 Finance & Services 1 .5 Administrator 5. Develop/Draft Procedures .` Capital Commitment/ Expenditures 24.0 Purchasing Manual L0.0 Standard Terms and 18.0 Conditions Checks & Balances Flow 10.0 Chart 6. Training Sessions Uniform Commercial Code 2.0 Leveragcd Buying 2.0 Techniques "Black Book" Capital Expenditure Documentation9.5 Hours* 97.5 Estimated Hours @ $5$5046 Our-00 Est. we bill on an actual hour incurred basis. In no event will costs exceed $5,500.00 for the Program. * In order to minimize hours/costs we understand that you will provide reasonable clerical/secretarial services, gather all appropriate 1. documents for review and arrange all meetings on a consecutive basis. i" OUR FOUNDER'S BACKGROUND Mr. Tepedino is President and Chief Executive Officer of The Ipswich Group. He has had over twenty-five years expe- rience in Contract Negotiations, Contract Claims Preparation, Claims Assertion and Claims Defense. He has held Senior Management positions in Contracts, Pro- curement, Finance, Engineering and Manu- facturing in a number of diverse industries. He also represented a major International Corporation as Corporate Counsel. He has Siad extensive first hand knowledge and experience in Design, Construction and Supply Processes and Problems, and is a recognized authority on the Uniform Commercial Code. Mr. Tepedino holds degrees in Engineer- ing, Industrial Management and a Juris Doctor in Law. Mr. Tepedino is a Licensed Engineer and an Attorney. He is a Member of the California State Bar Association, the Oregon State Bar Association, The U.S . District Court for the Southern District of California, the U.S. District Court for the District of Oregon and the United States Supreme Court Bar. He is active in a number of Domestic and international Trade Associations. C OUR RECENT TRACK RECORD * Negotiated Contracts with Domestic and International firms for Purchase/Sale of goods and services, totaling over $2.0 billion. * Demonstrated ability to organize, analyze, and successfully negotiate complex Construction/Contract claims with values over $100,000,000 with an average successful yield ratio of approximately 87%. * Developed Program Breakdown Structures and Life-Cycle Costs on military contracts valued in excess of $2.3 billion. * Developed Cost/Benefit Models being successfully used by State Education Commissioners as baselines for State-Wide Funding and expenditure decisions for Community College training programs. * Developed and implemented Freight Cost Recovery Programs generating $600,000.00 in realized freight claims in twelve ( 12) months. * Developed and implemented State of the Art Contracts/Procurement Systems and Procedures for a wide range of industries. �rE k THE IPSWICH GROUP Consulting Services i THE IPSWICH GROUP - A Consulting Company dedicated to strengthening management ' s ability to control contract and procurement risk and cost, as well as maximize business opportunities. We, at THE IPSWICH GROUP service our clients in the following principle areas: Pre-Contract Period * Contract Drafting and Review * Contract Risk Analysis * Contract Negotiations During The Contract Period * Bid/Proposal Review and Award Analysis * Contract Administration & Administrative Services * Change Order Definition, Negotiations & Settlement * Contract Claims & Claims Defense Preparation * Traffic & Freight Cost Reduction Programs * Arbitration Services & Alternatives to Litigation Post-Contract Period * Contract Performance Review & Analysis * Contract Close-Out * Claims Preparation & Claims Defense * Claims Negotiations. & Settlement * Claims Litigation Coordination General Services * Development & Installation of Contracting/ Procurement Systems, Policies & Procedures * On-Site/Off-Site Training of Client Personnel in Contract/Procurement Policies, Procedures, and The Uniform Commercial Law. 11910 S.W. Summerc phnuite 0 - Tigard, Oregon 97223 eoe YOU NEED THE IPSWICH GROUP! If you are committing resources, creating risk, and raising contingent liabilities by your Contracting/Procurement activities, you need our services. CALL US! i } t Now! Even if you believe you have no ` Contracting/Procurement problems. The l nost advantageous position is to avoid problems, by preventative procedures and preventative law, rather than hasty, remedial actions. However, if you have a Contract problem, The Ipswich Group is ready to provide and implement a sound solution. ' THE IPSWICH GROUP'S BACKGROUND The Ipswich Group has provided these services to a wide variety of business and industry sectors including: * Manufacturing * Shipbuilding * Construction * Petroleum * Transportation * Aerospace * Engineering * Coal/Uranium * Nuclear Power Mining * Electronics * Public Utilities * Data Processing * Computers i r i i F- June 2, 1983 TO: Mayor and City Council FROM: Bob Jean, City Administrator SUBJECT: Alternative Purchasing System Contract Honorable Persons: As an alternative to the proposal of May 5- 1983 whereby the consultant performs the entire purchasing system review —d revision, a lower cost option with greater staff involvement is also possible. Under this alternative, the objectives remain the same, The consultant would be responsible for overall coordination and directly responsible for those areas of his particular expertise. Staff would be responsible for basic records and support to the consultant. As to process, the review and update would remain as in the original letter proposal. As a product, we would look for a Purchasing and { Contracting System Manual with at least five distinct component parts: 1. Statutory requirement and process (involving City Administrator and staff assistance); 2. Purchasing of goods and materials (involving City Recorder as Purchasing Agent); 3. Construction contracting (involving City Engineer Staff) ; 4. Professional services contacting (involving City Administrator and Public Works Director) ; 5. Personnel services contracts (involving City Administrator and staff). This effort would involve approximately 70 hours of consultant time and a cost not to exceed $3,920. } . i i -- CITY OF TIGARD, OREGON s COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 13 1983 AGENDA ITEM h: ! • I t DATE SUBMITTED: ACTION: ISSUE/AGENDA TITLE: TURA Resolution REQUESTED BY: B Monahan/J. :,lidner_ j Changing Appropriations for the fiscal RE Q l i Year ending 6/30/83 DEPARTMENT HEAD OK: CITY ADMINISTRA O INFORMATION SUMMARY Supplemental budget recommended by budget committee after their meeting of May 19, 1983. } Ff{ 6 i S�( S 1 i t{} f ALTERNATIVES CONSIDERED l a�acvvvvcavec-- -------------------- f SUGGESTED ACTION Recommend Council approve this Supplemental budget for 1982-83. 6 3 W Z ^ d d v A z cn Lo H�00 W a Z P64 13 C, z aQc ga dw00 � W d d O (� H V� W ao O O O O O a o p O O N u1 O n w N H U v L U tWroca 0 a�O G i 1,4 c H cn ro O }+ -- W H Ij O a cn ri) ro i O Of b v N N 1 v � w H H cc 4-1 IJ d O b O d [-4 -W O H N Om OM t1+ W Z 1-4 H ,z Ch p,. 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V rn Q 4 Fi _ L i H C F L4 U O � � ...7 v W > N A � 6 6 G GG G O F r-+ W.a4 .. "tQ ` Q A O H co Ln L O t/1 N W co `D d P' a% �+ o�oP' Q, :> ° > U U W N N cn W c0 '� H u ago a �Q0 ca w G4J o0 Ea H O W 1 CD a U dao W p N O H ® � U OH CP d H w cn 00 1 O O O ® s Lr) to O W: W N N N V-4 r-4 O • ID O O • ;r � p 1 O ws C° N O OI Irl 9 � Ln ® 4 00 , _j 1 Q 00 1 1 1 O U O O O rn s Os • i J o 1 • iQ � 1 1 1 0 V rn Q .-4 I J-i z � a � P. o C> v > v W A H H C E-4 C14 -4 z . C oaallo o F `�° cl Awa+ �-= w a 1 O A 00 2 > C , C J ; z 3 i (I:OCoe a E- E-4 N Q O cAD W H d A ~ O 0 d H a H 0 cn W W co cn O O l9 �® c t � Wcn N O O' o c I ' o Cl W J / r-+ oo 00 U � 0 0 .� os r+ J o °O i F-- K 01 O' a - I r TO: TURA FROM: WILLIAM A. MONAHAN, DIRECTOR OF PLANNING AND DEVELOPMENT DATE: JUNE 9, 1983 RE: TURA Progress Report Attached you will f;nd copies of five working papers prepared by Lyle Stewart, TURA Consultant, as preliminary information for use in revising the TURA Plan. The information includes: 1. History of the twelve taxing bodies affected by TURA. 2. Estimated assessed value growth for the twelve taxing bodies. 3. The impact of area urban renewal programs on affected tax body tax rates. 4. Two scenarios of estimated growth in TURA. 5. Annual debt service amounts to retire potential bonds. The TURA Advisory Committee has proposed a joint meeting with TURA on June 20, 1983, to discuss prelimary information with Lyle Stewart. c w � wU E�- w a a � 0 00 Ul g o C J J Ul Q N w LL _I- N d. `7 U C Qu� LLp�1 Pl w wxx • o 1 , _ r ' ul aT .v_ u o .y a- m - .ALo o ao rrj 10 Q .9 P - r " . 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O �?Z W o - _� r cn c9 0 c0 0 to 0 ;� Orton d Io7- rr- rrm Q ` ` O �` ao cJ �9 r co 5 �9 �3 r tf� cn c9 c9 W 1pa CiLv O O t-to 9 O J m In G- c9 c� r o• O InLn � � � 1- O � o tJl Q4 C' .9 d c 1 c3 O co r r d M c� d .i� c- C^ c^ Cr C; N cn 01 'Z Cl M� In m � t` � � � .q � J O 06J�rco ° co0 0m co o Ln n � ® U) Q o a- Ln 'ta- � 'I — a� 3 oo— rte Z 0 - - - - Z ' > / co � _r I t i 3 �V a I [I I I _ L t f CITY OF TIGARD, OREGON t CQUNCIL AGENDA ITEM SUMMARY ' AGENDA OF: Ju ie 13 19$i AGENDA ITEM #: 13 n I DATE SUBMITTED: June 9, 1983 PREVIOUS ACTION: t ' ISSUE/AGENDA TITLE: TURA/CITY i CHARTER AMENDMENTS RESOLUTIONS REQUESTED BY: DEPARTMENT HEAD OK: ez� CITY ADMINISTRATOR: i INFORMATION SUMMARY The attached memo from City Attorney Edward J. Sullivan transmits two competing resolutions for Council consideration. One of the resolutions must be placed on the ballot of the September 19, 1983, Special Election. The Council may choose to place a resolution which only presents the initiative petition proposed by a citizen group or it may present a resolution that poses competing measures, one proposed by the citizens and one proposed by the Council. The citizen petition would abolish the Tigard Urban Renewal Agency and restrict a newly formed agency while the competing measure would limit tax increment financing of the urban renewal program to $5,680,000 unless the voter approve a greater amount. ALTERNATIVES CONSIDERED The Council can choose the resolution that contains only the initiative petition or choose the resolution with the competing measures. SUGGESTED ACTION r It is suggested that the City Council vote to place one of the two resolutions on the September 19, 1983, Special Election Ballot. .91 CITY OF TIGARD, OREGO i , J '- RESOLUTION NO. 83 A RESOLUTION REFERRING A MEASURE TO AMEND _ CHARTER TO THE REGISTERED, QUALIFIED VOTERS OF THE CITY OF TIGARD FOR THEIR APPROVAL OR REJECTION AT A SPECIAL ELECTION TO BE HELD ON SEPTEMBER 20 , 1983; CPT�LING SAID ELECTION AND AUTHORIZING AND DIRECTING THE CITY RECORDER TO DO ALL ACTS NECESSARY OR CONVENIENT TO CARRY OUT SAID ELECTION. WHEREAS, an initiative petition to amend the Tigard City Charter_ has been certified to this Council on May 16, 1983 by the City Recorder and Washington County Elections Division; and WHEREAS, said petition proposes to abolish the Tigard Urban Renewal Agency and create limitations on the formation of any further urban renewal agency by the City Council, as more fully set forth therein; and WHEREAS, this Council, pursuant to ORS 221 . 210, 250 .285 and 250 . 325 and its Charter authority, has decided to refer such a measure re- garding this matter to the registered, qualified voters of the city; NOW, THEREFORE, IT IS HEREBY RESOLVED: 1 . A Special Election is hereby called in the City of Tigard to be held on the 20th day of September, 1983, between the hours of 8: 00 a.m, and 8: 00 p.m. , Pacific Daylight Time, at the polling places listed in Exhibit "A" , for the purpose of submitting to the registered, qualified voters of the City of Tigard the measure set forth in Section 2 below. 2. The following measure number, ballot title and purpose is hereby approved by the Council as the form in which the question to be submitted to the voters is prescribed: MEASURE NO. 51: CHARTER AMENDMENT RESTRICTING CITY COUNCIL URBAN RENEWAL ACTIVITIES. SHALL THE TIGARD URBAN RENEWAL AGENCY BE ABOLISHED AND CREATION OF NEW SUCH AGENCIES BE RESTRICTED? PURPOSE Amends City Charter to abolish Tigard Urban Renewal Agency when legally possible; allows Agency to be re-created wit:: restrictions; limits financing alternatives. Mark a cross ( X ) or check ( t/') inside the voting square to indicate your choice. YES ( ) I vote in favor of the proposed Charter amendment. NO ( ) I vote against the proposed Charter amendment. Page 2 - RESOLUTION No. 83- 3. The text of said Charter amendment proposal is set forth in Exhibit "B" and shall be on file at the office of the City Recorder for public inspection. 4. The City Recorder is hereby authorized and directed to certify in the manner provided to the Director of Records and Elections of Washington County, Oregon, the measure described in this resolution for inclusion as a part of the regular ballots to be prepared by such Director for voting at all precincts within the City of Tigard, as set forth in Exhibit "A" herein, at the Special Election of September 20 , 1983. 5. The City Recorder shall conduct the aforesaid Special Election in conjunction with the Director of Records and Elections of Washington County, in accordance with the election laws of the State of Oregon for the conduct of special elections. 6. The City Recorder is hereby authorized and directed to undertake all necessary and convenient acts to facilitate the inclusion of this measure on the Special Election ballot of September 20 , 1983, for the approval or rejection of the qualified voters of the City of Tigard, and is further authorized and directed to give notice of the above-described election and proposal in the following manner: a. By posting notices of the election in a public place, exposed to public view: (1) One at each of the designated polling places and in each of the precincts of the City; and (2) At the front entrance of the City Hall, no less than fifteen (15) days prior to the date of the election; and also b. By publishing in the Tigard Times once each week for two consecutive weeks, the first such publication to be not less than ten (10) days prior to the date of the aforesaid Special Election. The form of such notice shall be substantially as set forth in Exhibit "C" , attached hereto and by this reference made a part hereof. The City Recorder shall cause to have filed affidavits of such posting and publication. PASSED: This 13th day of June, 1983, by the Council of the City of Tigard, Oregon. Mayor - City of Tigard ATTEST; City Recorder - City of Tigard Page 2 - RESOLUTION No. 83- t EXHIBIT "A" PRECINCT NO. POLLING PLACE 30 Fowler Junior High School - 10865 S.W. Walnut 31 Charles F. Tigard Grade School - 12985 S.W. Grant 32 Charles F. Tigard Grade School - 12985 S.W. Grant 33 Fowler Junior High School - 10865 S.W. Walnut 34 Twality Junior High School - 14650 S.W. 97th 35 Phil Lewis Grade School - 12615 S.W. 72nd 40 Twality Junior High School - 14650 S.W. 97th i ( 41 Summerfield Club House - East Entrance 10650 S.W. Summerfield Drive 46 Mary Woodward Elem. - 12325 S.-W. Katherine 4 180 Summerfield Club House - East Entrance 10650 S.W. Summerfield Drive � r I i i 1 i RESOLUTION NO. 83- EXHIBIT "B" AMENDMENT TO THE CITY CHARTER OF THE CITY OF TIGARD, OREGON Proposed by initiative petition. The City Charter of the City of Tigard is amended to add the following chapter rand sections thereto: URBAN RENEWAL .- CITIZENS RIGHT TO VOTE Sec. 45 . The voters of the City of Tigard , exercising their powers as the ultimate governing body of the city as reserved to them by the ordinances of the city and by the Constitution and laws of the State of Oregon, do hereby find and determine that there no longer -exists a need for an urban renewal agency in the city. Therefore, the Tigard Urban Renewal Agency, as established or activated, 5u Ordinance No. 81-91, adopted in December, 1981 , is terminated. The facilities, files and personnel ( if any) of the Tigard Urban Renewal Agency shall be forthwith transferred to the city. The termination shall not affect any outstanding legal actions, contracts or obligations of said agency, and the city shall be substituted -for said agency in respect thereto. =- f, at the time this section .is adopted, Zermination -of -thego*Tiga' rd Urban Renewal -Agency is --legally ,prohibited ''by zany Anandatory ;- provision of controlling -state law, -the -termination shall be :-postponed until 'such legal -impediment has been removed land 'shall -then -automatically -become -,effective; -and, in the interim pending the effective =late �f such .termination, 'the amity shall not .authorize{ .approve or .assist =yin 'the '$recurring .--of any new debt or obligation or in the performance of any `i•-portion of the urban -renewal plan. Sec. 46 . Section 45 is and shall be deemed to be an ordinance of the city within the meaning of ORS 457 .075. Therefore, Section 45 may be amended or repealed by nonemergency ordinance adopted by the City Council . The City Council may in the future activate, create, reactivate or recreate an urban renewal agency in the city in the manner provided for by law, subject to the limitations of Sections 471a nd ,48 concerning the methods for financing the activities of suc, an agency. Sec. 47 . The city shall not approve an urban renewal plan or an amendment of an urban renewal plan if such plan includes tax increment financing as a permissible means of paying the debts and obligations of the agency unless, prior to the activation and implementation of tax incrementfinancing , such method is approved by the voters of the city at a regular or special city electiongheld in Kay or November. �ec. 48 . Any urban renewal plan or amendment thereof hereafter ` proposed or adopted shall require that 'the plan, -including i the method of financing same, shall be approved by the voters at a regular or special city election in flay or � November, if such plan or amendment would or could involve the levying of a -tax on properties outside the urban renewal area to pay the debts or obligations to -be incurred in + -carrying out the plan. Notwithstanding I he foregoing , separate approval at an election is not required for: (1) Expenditures by the city, as distinguished from the urban renewal agency, which have been duly identified and included in a duly adopted city E t budget; or (2) Issuance of Bancroft bonds (ORS 223.205 to 223.295 ) in connection with assessments -for local improvement , `districts, if such issuance is otherwise authorized 'dby law. Sec. 49 . As used in Secs. 45 , 46 , 47 and 48: (1) "City' means the City of Tigard, Washington County, Oregon. . ( 2 ) "Urban Renewal Agency" means an agency created or existing under ORS Ch. 457 as it now exists or may hereafter be amended, or a similar agency with similar powers and purposes created under any other provision of law. (3 ) "Urban Renewal Plan" means a plan as defined in < ORS 457.010 ( 11) as it now exists or may hereafter ` be amended , or a similar plan adopted under any other provision of law. (4 ) "Tax Increment Financing" means the method of financing described and referred to in ORS 457 .420 to 457 .460 , or a similar method of financing provided for under any other provision of law. Sec . 50 . If any section or portion of this charter amendment ( Secs. 45 through 49 ) is determined unconstitutional or unlawful , the remaining portions and sections shall be ) severable and shall remain in effect. F EXHIBIT "C" a t PUBLIC NOTICE OF MEASURE ELECTION E CITY OF TIGARD E 8 NOTICE OF SPECIAL ELECTION ON PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF TIGARD TO BE SUBMITTED TO THE REGISTERED, QUALIFIED VOTERS OF THAT CITY AT A SPECIAL ELECTION ON SEPTEMBER 20 , 1983. Notice is hereby given that pursuant to Resolution No. 83- adopted by the City Council of Tigard on June 13 , 1983, there will be submitted to the registered, qualified voters of the City for approval or rejection at a Special Election on September 20 , 1983 , between the hours of 8: 00 a.m. and 8: 00 P.M. PDT, the following proposition: [ MEASURE NO. 51: CHARTER AMENDMENT RESTRICTING CITY COUNCIL URBAN RENEWAL ACTIVITIES. SHALL THE TIGARD URBAN REVEWAL AGENCY BE ABOLISHED AND CREATION OF NEW SUCH AGENCIES BE RESTRICTED? 4 t PURPOSE Amends City Charter to abolish Tigard Urban Renewal Agency when legally possible; allows Agency to be re-created with restrictions; limits financing alternatives. the City of Tigard for the purpose of sub- The polling places in mitting the foregoing proposition are as follows: x [insert Exhibit "A"] The election shall be conducted in all respects in accordance with the election laws of the State of Oregon. t. F The full text of the proposed amendments to the Charter of the City of Tigard and of Resolution No. 83- , may be obtained from q the City Recorder's office, City Hall, Tigard, Oregon and shall also be available at each polling place during the hours for the holding of the Special Election. WITNESS my hand and the seal of the City of Tigard this day of , 1983 . BY ORDER OF THE CITY COUNCIL Doris Hartig, City Recorder CITY OF TIGARD, OREGON i COUNCIL AGENDA ITEM Date: June 3, 1983 Item No. : 14.1 Description: Used Equipment Purchase Agenda Of: June 13. 1983 Previous Action: i Action required: Approve Attached Resolution Dept. Head: V f City Adm. : a SUMMARY USED EQUIPMENT - SINGLE SELLER 1. 1973 Ford Tractor with articulated arm mower $ 5,000 t 2. 1981 Ford 1 Ton service truck 10,875 3. 1978 International 5 yard dump truck 13,500 TOTAL $ -;6'62Ei Estimated Savings: $35,625 -------- --- RECOMMENDATION After checking the local market, I recommend that items 1, 2 & 3 be approved for single seller purchase as one of a kind items. r CITY OF TIGARD, OREGON a COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 13, 1983 AGENDA ITEM #: 14.2 DATE SUBMITTED: June 9, 1983 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Police Vehicle Purchase REQUESTED BY: Police Department Investigative Division DEPARTMENT HEAD OK: ` �- Gni""`� CITY ADMINISTRATOR: INFORMATION SUMMARY The Investigative Division is operating two obsolete vehicles with excessive mileage. It is anticipated that major repairs will be required to keep them operational, and there is a safety issue relative to high mileage. A price survey was conducted within the region for new and used mid-size vehicles. New vehicle prices were excessive, and only two dealers were identified with mid-size used vehicles to meet our need. The other dealer price was $100 less '. than the purchase recommended. All vehicles were test driven and inspected. We rated the Knauss vehicles as excellent, the other dealer vehicles as good. ALTERNATIVES CONSIDERED 1. Purchase through the State of Oregon was not possible as the factory was not receiving any new orders due to the end of their production year. 2. New 83 vehicle prices were excessive, and dealers were reluctant to bid on their available stock. 3. Survey the region of like used vehicles, and request authorization to purchase and trade in old vehicles. SUGGESTED ACTION Recommend purchase of two used mid-size vehicles from Knauss Chevrolet, Tigard, Oregon as follows: one each 81 and 82 Chevrolet Monte Carlo 's at $14,800 less $1,000 trade-in of old vehicles. Purchase price less trade-in $13,800. (0458A) . � e ee� e ee eeee ATr& ;mf+[ri►OsBaHad+ aB+1si+ Bt B =tit ti°leds °it.Hsft >� � � 1-+B+�t �+ t � � �� d_i i] i 1 B.( I�H�sJ`islsdF�dsHsdsJ°B1H°Bal°B�laaa�adaHass�aBsiss',1!(tH�ia�+ia3at+�a1+(sNHat°6►►s . ., NOTE: IF THIS MICROFILMED . . .H.- Z •� 4 _ $ _-. S_ _ T $ ..- 9 O !1 B2 �`. DRAWING IS LESS CLEAR THANN THIS NOTICE, IT IS DUE - '.. THE QUALITY OF THE ORIGINAL DRAWING. 8£ 6z SZ cZ sz SZ_isZ Ea zz F; 0z st ei el--ti a 01 g ®_ `__ —_5----� --Z -_--e.- wxraudm+�uulms�uudux)tisnls��tts'i� + � T. 12990 4 L.I.D. 21 fie S.W. 72nd AVENUE AREA STREET IMPROVEMENTS 3 so. �, ♦♦ TIGARD, OREGON sM 4 no I n m \ t I F o IsV. n » » ♦ / I > 1 ♦\ 11 • ■ n N U N r . ' • W • .w It It n .r.r• " rr�....ar r.,.... \ s >9 10 is \ ..... .. 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SUITE 19 ■ 1750 S.W.SKYLINE BLVD. ■ PORTLAND,OREGON 97221 ■ PHONE: 292-9774 or 297-1455 z a' June 10, 0983 i a Honorable Tigard City Council City of Tigard 12420 SW Main Tigard, OR 97223 Re: Comprehensive Plan Revision Gallos Vineyard Report Files CPR 5-81 S11-76, S21-77 and 59-81 SE Corner of SW 113th Ave. & Tigard St, Tigard, Oregon Dear Council : On behalf of our client we are advised to request a waiver of the fees for a Comprehensive Plan Revision on the subject property. The Comprehensive Plan indicates that the property is zoned R-7. In order to develop the property as planned the zone must be changed to R-5. This zone was originally approved by City Council on April 27, 1981 . A revised preliminary plat based on the R-5 zoning was subsequently submitted and approved by the City. Due to poor economic conditions our client decided to delay development. In December, 1982 he advised us to proceed with the project. On December 15, 1982 we met with Bill Monahan and Liz Newton, Tigard Planning Staff, to discuss the status of approvals. We were advised that the preliminary plat approval had lapsed and that the street vacation petition required for development of the property as planned was not valid. Moreover, we discovered that the City was in the process of adopting a new Comprehensive Pla..n. The new Comprehensive Plan indicated that the property would be zoned R-7. We requested the plan to be revised to show R-5 in accordance mthis made previous approval . We were advised that this change would be eaad>a. icated After this meeting we told our client te invalid.tatus Afterhis psomeadiscussionls. He dwith that he was unaware that the petition was titio�.. staff, our client obtained the required signatures on a new Pe F A E R R Page Two Tigard City Council . { June 10, 1983 F on June 7, 1983. we contacted Liz Newton to verify the status of the petition and obtain information for filing a new request fcr preliminary plat approval . t the prorty was zone -7 During that conversation, we were advised asubsequenteconversationdwith not R-5 as we had requested last Decem pondid not remember k, Liz Newton and Bill Monahan, we were told that they telling us they would revise the Comprehensive Plan to show R-5 on the subject property. . Bill Monahan asked why we did not verify this change before now. We can only say we wrongly assumed that staff would proceed with our earlier request or let us know why they could not proceed. We did not hear from them and, therefore, believed the problem was properly handled during our meeting in December. mst est Staff now advises that deeoWetbelievehe ethis rty arequirementei5uunfair ufor a Comprehensive Plan Revision. the reasons stated above and because our c. wient ith Anycrelief�theoCouncil with the conditions imposed by previous appovals can grant as in this regard would be greatly appreciated. Sincerely, ALPHAEENGINEERIN INC. Carl R. Jens P.E., P.L.S. CBJ/nm 4 First Farwest E3rtildin9 S l 1 1 11 1 1 c o 4()O 5\V 5i:ah.Surto 1106 PO Box 1163 Portland. Oregon 97208 PROPERTIES. INC. (503)333-07,95 .lune 13, 1983 Mr. William Monahan Director of Planning & Development City of Tigard P.O. Box 23397 Tigard, Oregon 97223 RE: PCM Associates Portland Chain Property, 9770 SW Scholls Ferry Rd. Tigard, Oregon Dear Mr. Monahan: This letter will recap our telephone conversation of last Friday regarding the unannounced rezoning of the Portland Chain Site to M-4 last March 16th. PCM Associates , the owner of the Portland Chain Site, spent a great deal of time and money to obtain a change in the zoning for this parcel to C-3 in 1980. The agreement to change the zoning was done as an ordinance by the City of Tigard as part and parcel of a consideration for approval of the City of Tigard's request to annex the property into the city. PCM Associates sought the rezoning at that time to accomodate a better and more productive use of the property and subsequently sold approximately one half of the site to Toys 'R' Us which required the C-3 designation in order to legally establish their business on that site. PCM Associates has just entered into an earnest money agreement for the sale of the remaining parcel_ , which includes the Portland Chain Plant, to a major furniture retailer for a retail showroom/sales outlet. This sale is predicated upon a C-3 designation - a designation we understood was in force by agreement and ordinance with the City of Tigard . Now, we are informed by your office that the zoning designation for this Darcel has been changed back to manufacturing. Unless immediate action is taken by your department and the City of Tigard, the sale of this land and buildings ::ill be in jeopardy , and this would result in a substantial economic loss to PCM Associates . I trust that by prompt action of your department and the City of Tigard we can have the C-3 designation returned to f this parcel within the next two weeks to accomodate this sale, and avoid a legal entanglement. f City of Tigard - Pg . 2 The background of the initial zoning designation change from an M-4 to a C-3 may be helpful in your understanding of our adamant insistence that the designation of C-3 remain on this property. PCM Associates , through their attorney, Mr. Terry Hauck, and Dick Close of Frank and Associates, negotiated with Washington County and then with the City of Tigard to change the designation of the entire eight acre parcel to C-3. The City of Tigard recognized the need to change the zoning in light of the development of Washington Square as a major retail shopping center and the Portland Chain Site would better serve the needs of growth and comprehensive development to be designated retail. The City of Tigard was eager to annex this parcel and the adjoining parcel along southwest Cascade Drive into the city and thus an accomodation was made between the needs of PCM Associates and that of the city. The City of Tigard Planning Director and the commission itself approved of the rezoning on August 5, 1980 as evidenced by the letter to Mr. Close of August 11th, which is included with this letter. The land was subsequently annexed into the city of Tigard and by city ordinance #81-58 the designation of C-3 was approved by the City Council on July 13, 1981. A copy of that ordinance is also included with this letter. The entire parcel was zoned for -retail use and PCM Associates consumated its sale of one half of the parcel to Toys ( 'R' Us, a retail toy outlet. PCM Associates then placed the remaining parcel of property for sale this spring and was fortunate to arrive at an agreement with Levitz Furniture Corporation on May 25 of this year. The earnest money agreement signed between the parties anticipated a C-3 zoning which the sellers asserted to the buyers was in fact the zoning in place. No notice was given to PCM Associates , before our telephone conversation of last Friday, that the change had been made to the zoning designation. The comprehensive plan which established the redesignation was contrary to prior agreements and covenants between the City of Tigard and PCM Associates . -rt is not my purpose in this letter to attempt to establish legal basis for either side ' s actions so i gill avoid pointing fingers . The change has placed PC14 Associates in �i very difficult position from which we expect full support of the City of Tigard, its Council and Planning Department, to rectify immediately. The sale of the Portland Chain Site to Levitz Furniture requires a C-3 designation and the sale is now in jeopardy unless we regain that designation. The use to which Levitz Furniture will put the site is exactly as the Planning Department or the City of Tigard envisioned back in 1980 as evidenced in the Staff Report of August 5, 1980 and the Conditions to the Approval by the Planning Department. Copies of both those documents are included. City of Tigard - Pg . 3 Please present this letter and our request, together with the accompanying background documents and your letter of recommendation, to the Council Members prior to tonight 's council meeting. The request should be made that they direct the zoning to be changed back to C-3 immediately. We will accomodate your needs in any reasonable manner to effect the change no later than June 27, 1933. I will be in attendance at the council meeting and will be prepared to speak on behalf of PCM Associates. If you have any questions between the receipt of this letter and the council meeting please contact me at 222-0595. Thank you. Sincerely, Michael McKenna, President SimmCo Properties , Inc. Managing Agents for PCM Associates MM/jg Encr. x s &&e 6 MCITYO FTIIFAM WASHINGTON COUNTY,OREGON August 11, 1960 Mr_ C. R. Close I FRANK AND ASSOCIATES 6625. NE 82nd Avenue Portland, Oregon 97220 REFERENCE: ZONE CHANGE, ZC 16=80 (PC.`3 Associates/Frank and Associates) LOCATION: 9770 SW Scholls Ferry Road Dear Mr. Close: Please be advised that the Tigard Planning Commission at their regular meeting of August 5, 1980, approved your request for the above referenced project.: t This approval is subject to the following conditions: 1. No Final Action shall be taken on this request until this parcel is annexed to the City of Tigard, at which time it shall be Zoned C-3 "General Commercial". 2. If more than two (2) retail outlets are contemplated for this parcel, the. owner of the land shall apply for said use to the Planning Cormission for approval. (This condition relates to the entire parcel including the present structure leased to Portland Chain) . 3. All development shall be subject to Site Design Review 1f we can be of any further assistance, please do not hesitate to contact , this office at 639=4171_ Sin re die and P1 ir_g Di rector AHvmc NOTE: This acknowledgement must be signed and returned to the City of Tigard, Planning Department. Failure to return this acknowledgement- will result in n urth ;CMtin this project. /_ � Signatuze (App 'cant) Dat 12420 S.W. M.A!N' P.O. SOX 23397 TIGARD, OREGON 97223 PH: 639-4171 f FRANK & Associate i STATE OF OREGON) )ss City of Tigard ) a r I , DORIS HA2TIG, hereby certify that I am the duly appointed, er of the City of Tigard, Oregon. qualified, and acting Record } I further certify that I have compared the herewith copy of City of Tigard with the original in my ORDINANCE No. 81-58 of the possession as custo3ian of the official records of the City of f copy is a correct transcript of the Tigard, and that the herewith t whole of ORDINANCE No.81-58 IN WITNESS WHEREOF I have hereunto set my hand and the s8eal of July 9 the City of Tigard this 14th day of - -- city Recor er (/ a 1 t Y i 2 T P E 3 E 4 xx. sd S e� F ' CITY OF TIGARD , OREGON ORDINANCE NO. 81- DINGS WITH RESPECT TO AN APPLICATION FOR A ZONE AN ORDINANCE HE 19-1 SING F#2 P Portland Chain/Toys "R" Us) CHANGE TO THS. 1975 NPO T2 PLAN MAP OF THE CITY OF TIGARD DECLARING AN ELIERGENCY AND FIXING AN EFFECTIVE DA PLANNING BEPART�IENT REFERENCE INFONATION 9770 S .tr7. -4, ole changed 1S1 26C , Tax Lot 1802 , Project c desi nation M 4, Zone Tax Mapumber ZC Present zoninb g to C-3 , plicant PCM1Associates . to C , THE CITY OF TIGARD ORDAINS AS FOLLOWS re now classi- Finding that the lands hereinafter descrLbsaant to procedures , SECTION 1 : and further fin4ings that P resented at fied as M-4' zoning ma amendment was p " lication for a g . P gust 5 , 1980 . the above stated app the Tigard Planning Commission on August a public hearing held by opportunity to be heard at this All public persons were afforded al adopts the following substantive public in hearing . Therefore, the Council adop findings = conformance with the C-3 A. That this application is in designation on the adopted NPO m2 Plan Map . roposed zoning -.s compatible with the surround- B . That thep ing neighborhood as determined by the Tigard Planning Commission. of pursuant to the requirements f Chapter 18 .88 SECTION 2 : Therefore , P this request for a Zone Change the Tigard Municipal Code , approved subject to the NPO #2 Plan Liap of the City of Tigard is hereby PPas ons of Chapter 18 . 28 of the atgachedrd uand1madeCadpart ofbtnisd to pr B � and C o ert is hereby in adopted Exhibits "A { Ordinance . The zoning designation of the subject pr p Y changed to C-3 Commercial . _ Exhibit "B" : Tax 'lap - Exhibit "A" : Legal Description Exhibit "C" : Staff Report And further subject to the follcu - conditions :for this parcel , 2 retail outlets are contemplate _ 1 . If more than two ( ) apply for said use to the Planninc ° the owner of the land shall app } mission for approval . (This condition relates to the entire parcel tructure leased to Portland Chain) . including the present s 2 , All development shall be subject to Sitz Design Review. SECTION 3 : Inasmuch as it is necessary to the peace , health , and safety ORDINANCE No . 81- - Fi F t of the public that the foregoing zone change in the City ' s records become effective , an emergency is hereby declared to exist , and this ordinance shall be effective upon its passage by the Council and approval by the Mayor . s PASSED: BY laH�hf�o�t5 _vote of all Council members present this /3 day of July, 1951 , after being read two times r i by number and title only. Recorder — City of gard APPROVED: By the Mayor this3day of July, 1981 . Mayor — City of Tigard a' i s i s i v 's 1 S C k k g ORDINANCE No. 81- _ Page 2 I-1 lnsurd7n cra A Stock Cornpony d Hc_-nc Orrice- Richmond-Virbinia i ( SCHEDULE A CO EXHIBIT "A" PARCEL I: S •eater of Section 27, outliutest quarter of Seciion 28, Situate in he Southeast T � aT uarter of Section 34, Tohrship I No-Lh +est quarter of Section 35 and the Northeast q :1h, RaIL e 1 West of the ;yillaInBtte isieridian, in `thunt Railroad, n�th2 P��r hwest by C-4 on, and bounded on the West by the Southern PacificCascade Blvd., more particularly S.W. Seholls Ferry Road, on the North aid mat � S.W.described as follows: >�' '• ' _--,. BEGINNING at an iron rod with JSil Cap sat on the Easterly right-of-.gay of the Southern Pacific Ralroad and North 89°5�':.On ?'lit 221,80 feet elong the North line of said Section 33 end North 190 15'30" Nest, aicilg'the Easterly 5fl fool right-of-�vay Line of said R?ilroad 150.52 feet from a stone monument found at-the Northeast corner of said Section 3'; and bolis running thence North 19°IS'30" ??est along -said ram oad right-of-Nay 328.15 feet to an Iron rod with JSIVi cap set on the Southeasterly ordspiral be `s 2?orthg33 36'30" East.47.44cfe Ferry Road; thence on said spiral curve (c'� 47.44 feet to an iron rod with line right-of-;,ay; thence continuing Slate iiigiztvay cap found SFB 42=52.24 F.S. (i00) rar'.cing er the Southeasterly 100 feet froom the cant continuing on said line North 3333'50" East 101.85 feat to an von rod .,ith JS'd cap set at the intersection r with the South right-of-:vay of S.W. C�cade*SBIa d_Sethencean2 begin no or a aorth 89" 19' n enton 5100 right-o'-seep 2b9.95 feet to an iron rod with JS. p foot radius curve; thence Southeasterly on said curve (chord hears South 55°59'30' East s2 on y of 112.39 feet) 119.35 feet to an iron rod with JSM cap te.i Ll ri�ht-of-wzy of Hid Hiway 217 S.W. Cascade Blvd. 50 feet from and parallel to he Wes Y as monumented; thence on said parallel raniron hitrod ti;rith,State High $ 8ay capfo-md at SH t . an iron rod with JS:A cap set opposite 328+00 (130) /JS:4I 327199.48 (130); thence South 19" 55125" East 154.31 feet to an u on rod with •1S,14 cap set; thence South 70"54' ViTest 446.98 feet to the point of b oinnina PAR:EL II: S quarter of Section 27, Southwest quarter of Section 26, Situate in the Southeast r Northvrest q ter of Section 35 and the 1 orth east quarter of Section 34, To athip I Isar t o ° So��th, Rare 1 West of the Willamette Meridian, in the County o� Washington and State of Oregon, and bounded on the West by the Southern Pacific Railroad, on the Northwest by S.W. Schots Ferry Road, on the North and Est by S.W. Cascade Blvd., more particularly described as follows: i BEGIN':ING at an iron rod with J:3:ri cap set at the intersection of the Easterly rightorth ; the Southern Pacific Eailroad and the North line of said Section 34, Forth y;ay of E 39 52'50" Zest 221.E0 feet from a sione monument found at the ?;ortheast corner o. said Section 34, and running thence North 19015130" West on the Easterly 50 foot right-of-way line of said Railroad 180.52 feet to an iron rod with Wes cap set; thence No, th 70° 5'_' East 446.98 feet to an iron rod with JSN1 cap set on the Westerly right-of-way of S.W. Cascade Blvd., ming 50 feet from the V esterly right-of-�'cay of Hio ,ay 217; thence South continued... ' Schedule A Poge 2_6':°. H 735-471 File No. 6'200806 ' EXHIBIT "B" 1 5 DEJi3+��'a..s'fI zA i�,y.q T�• -_-L - --�' O-J-R'� _ _ _ _ -•-_.- ' Is t.27D 12 3141 _ JC'3� •`' •�- - - _ - :- !• / � � 1J.i�_ - 1 ;- _ -_ _iii _ _-+��'r' - �:3�-1 Tp Pr3L�tJT -7}� vvi .7 SSS-,oc _ �a � �4- - - =- .may � _ _ _ •- ' � _ SEE L;—"P .5 35 1_g �.� - _. _ ,-�_ r.' .his-_ •] �2 5 �� EXHIBIT "C" J STAFF REPORT AGE`D:+ 5 _5 TXGti40 PLANNING CO.'=•liSSION August 5, 1930 - 7:30 p.m- TiG:+?J SC-iOJ!-, DES TRICT AD:%IINI=LATION OFFYC"S - BO RJ'- ROO-'I 13137 S;j Pacific Highway, Tigard No s.bmission of material by applicant shall be made at t-%e Public Hearing unless the applicant is requested to do so. Should this occur, the Item will be tabled until the following Hearing. DOCKET: ZONE CHANGE, zC 16-80 (PC14 Associate s/--- & Associates) NPO n7 APPLICANT: C. R_ Close OWNER: PC:I ASSOCIATES FR_a.�V'K AND ASSOCIATES 1200 Standard Plaza 6625 NE 82nd Avenue 1100 SW 6th Portland, Oregon 97220 Portland, Oregon 97204 APPLICATION DATE: June 16, 1980 SI TZ. LOCATION: 9770 SW Scholls Ferry Road (Wash. Co. Tax Map 1S1 26C, Tax Lot 1802) 8.23 acres REQUEST: For a Cosprehensive Plan Revision from Comprehensive Zone Yf_-D Designation M-4 "Industrial Park" to C-3 -General Com;mercial"_ STAFF NAURR.n.TIVE: The primary issue here is the addition of retail space in an Industrial Park Zone- The Applicant wishes to change the Comprehensive Plan on this parcel to a more desirable zone for retail use_ Under the present Zone of M-4, retail sales are allowed "in conjunction with any of the foregoing Conditional Uses", one of which is warehousing. The Applicant has mentioned to Staff that this section of the Code is not specific enough to insure retail development. Staff agrees- Under the proposed ( -3 "General Commercial" designation, there is no question, nor is there a conflict with the Conditional Use Section_ • Portland Chain may or may not remain on this site. However, due to the fact that Koll Business Center is being constructed to the Westand Highway 217 is to the East with Scholls Ferry to the North, and Par Gas to the South, further development on this parcel will have very little effect to surrou-ridi.ng property if the number of retail outlets is limited to large warehouse ope>ations with retail outlets_ The Applicant mentions Washington Square --3 the "waiting list". Staff would not support a similar use on this property_ This rez uest seems reasonable because of the area and what is presently 1_.&king place on other parcels along Cascade. Power Rents is close to retail, the difference being that what is taken off the property is returned. Par Gas has a small retail operation_ Franz Bakery has a retail outlet also_ ST1- REPORT 1 ASEXDA 5_5/ZC 16-80 ^IIi:G COV PLti.. UAISSIOIN t Aug--Is t 5, 1980 i i Page 3 : If moreth al «;,,ro (2) ==`ai1 outlets are contemplated for this Parcel, the owner of the land shall apply for said use to the Planning CA:'�ssion f for approval_ (This condition relates to the entire parcel including the present structure leased to Poz-tlattc' Chain) _ All develc.p„int shall be subject to SiD te esign Review_ g e J� A Director yard, Planning f STAFF REPORT ADEN OA 5_5 TIGARD-PLAidNING CO:•I,-IISSION August 5, 1980 - 7:30 p_m_ TIGARD Sr-HOOL DISTRICT kD.-IINISTR-ATION OFFICES - BOARD ROOM 13137 SW Pacific.FIighway, Tigard _ No submission of material by applicant shal 1 be made at the Public Hearing unless the applicant is requested to do so_ Should this occur, the item will be tabled until the follow=ng Hearing_ DOCKET: ZONE CHANGE, ZC 16-80 (PC-.%I Associates/Frank & Associates) NPO 4#7 APPLICANT: C. R. Close OWNER: PCM ASSOCIATES FRANK AND ASSOCIATES 1200 Standard Plaza 6625 NE 82-rid Avenue 1100 SW 6th Portland, Oregon 97220 Portland, Oregon 97204 APPLICATION DATE: .lune 16, 1980 SI TE LOCATION: 9770 SW Scholls Ferry Road (Wash. Co. Tax Map lSl 26C, Tax Lot 1802) 8_23 acres REQUEST: For a Comprehensive Plan Revision from Comprehensive Zone Neap Designation M-4 "Industrial Park" to C-3 "General Commercial STAFF NARRATIVE: The primary issue here is the addition of retail space in an Industrial Park Zone. The Applicant wishes to change the Comprehensive Plan on this parcel to a more desirable zone for retail use. Under the present Zone of M-4, retail sales are allowed "in conjunction with any of the foregoing Conditional Uses", one of which is warehousing. The Applicant has mentioned to Staff that this section of the Code is not specific enough to insure retail development_ staff agrees_ Under the proposed C-3 "General Commercial" designation, there is no question, nor is there a conflict with the Conditional Use Section. Portland Chain may or may not remain on this site. Hovever, -due to the fact that Koll Business Center is being constructed to the West and Highway 217 Is to the East with Scholls Ferry to the North, and Par Gas to the South, further development on this parcel will have very little effect to surrounding property if the number of retail outlets is limited to large warehouse operations with retail outlets_ The Applicant mentions Washington Square and the "waiting list". Staff would not support a similar use or, this F+svaC2Ly_ This request seems reasonable because of t:1e area and what is presently taking place on other parcels along Cascade_ Power Rents is close to retail, the difference being that what is taken off the property is returned_ Par Gas �" has a small retail operation_ Franz Bakery has a retail outlet also_ STAFF REPORT AGENDA 5.5/ZC. 16-80 TIGARD PLANNING COL-2-ISSION August 5, 1980 Page 2 Will the entire Cascade Avenue area eventually go commercial? No. The area is_well established as an industrial zone_ One proposal for this site is. for a large furniture warehouse with a retail outlet. If this Applicant had proposed a greater number of retail outlets, Staff would not have made the reconmeandation included herein_ It is further suggested that should this become the case, the Applicant'.should return to the Planning mi . Couission for approval of all future development_ At the present time, Staff is working on a large annexation proposal in this area_ We expect to be before the Council in September with the initial Resolution. If this request is approved by the Planning Comini"ssion, we would Zone the land C-3 at the time the Council approves the Annexation Ordinance following the Boundary Commission Final Order_ This process includes at least two more Public Hearings_ The NPO 47 Chairman has been notified of this proposal and we have not received comments_ I. FINDINGS OF FACT: 1. This parcel has not been annexed to the City of Tigard_ An annexation petition_ has been filed with the Planning Department and Staff expects Final Action soon_ 2. The current Comprehensive Plan Designation is M-4. Applicant wishes to change the Comprehensive Plan Designation to C-3. 3. All public services are available to this site. Cascade Avenue at Scholls Ferry Road is a lighted traffic intersection. II. CONCLUSIONARY FINDINGS: 1. Cascade Avenue is sub-standard. If development on this parcel occurs, the necessary improvements will be made as a condition of development_- . � 2. Site drainage issues will be addressed at development_ A local in=rc•.emcn t district may be formed following annexation of several parcels in this area_ 3. All development will be subject to Site Design Review_ III_ STAFF RECOMMENDATION: Staff recommends approval of this Comprehensive Plan Revision with the following Conditions: 1. No Final Action shall be taken on this request until this parcel is annexed to the City of Tigard, at which time it shall be Zoned C-3 "General Commercial"_ STAFF REPORT AGENDA 5.5/ZC 16-80 TIGARD PLANNING COMMISSION August 5, 1980 Page 3 2. If more than two (2) retail outlets are contemplated for this parcel, the owner of the land shall apply for said use to the Planning Commission for approval. (This condition relates to the entire parcel including the present structure leased to Portland Chain) - 3. hain) _3_ All development shall be subject to Site Design. Review. i i t -ard, Planning Director I I i r t IS 1 .2717 �"` =`rte - -''�• sy.r_ ;��• •.. . .�4L_ _�__: • • ' ' • - �_ • - •- � - � d cam•• ��.25�r3L - %Sft �ca - - St�11314) 170 f` fa02 _ "�• - ; — C. ,� • . � 3e r_ Ab. 97 a 8- jd SEE MAP � IS J `4AA 1 _ _ 7-- ' � _. is � � -• _ ••�� -` ,•.:.' _ � - _ 1 35a ( •� �.d • � �. L� '• -� �. •- - � .SEE .U� - _ _ _ !� . 23 64. . • - - i.:._-. •`• 'b '_-'tet• _ , \t - � � »• - t i r� CITY OF TIGARD, OREGON ORDINANCE No. AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY Co�,LMIISSION, ORDER NO. 1684 , AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 L ZONING MAP OF THE CITY OF TIGARD TO CONFOR:4 WITH THE NPO # Tjyurham AN �1 xatio - ZCA 9-81) AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE_ PLANNING DEPARTMMiT INFORMATION ANNEXATION SHORT TITLE: Durham Annexation 2S1 12D 1400the area Of SW Durham Road TAX MAP 2S1 13 B , TAX LOT 100,101,200,201 ADDRESS 2S1 C ZCA 9-81 and SW Upper Boones Ferry Rvar3. , FILE NUMBER various designations f PRESENT WASHINGTON COUNTY ZONING DESIGNATION ZONE CHANGED TO CITY OF TIGARD M-4 "Industrial Park" and R-5 "Sin le Family Residential" on 2S1 1 an 2301 WHEREAS, the Boundary Commission, established pursuant to Chapter 184 Oregon Laws of 1969, for the Metropolitan Area by its Final Order No. dated March 20, 1981. approved the hereinafter described change in the boundaries of the City of Tigard, and a copy of said Final Order has been filed with the Citv Recorder; and i WHEREAS, the City of Tigard, in accordance with Chapter 197 Oregon Revised Statutes, has adopted a Comprehensive Plan which includes the lands within this Annexation. t NOW, THEREFORE, ' THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: That the Final O der of the Boundary Commission adopted on the 20th F day of March, 181 a copy whereof is hereto attached and by this reference made apart hereof, be, and the same is, hereby ratified, confirmed and adopted by reference to the sane legal force and effect as if set forth herein in full. SECTION 2: That the boundaries of the City of Tigard be, and they are hereby s changed to include the lands as described in the within order of the Boundary Commission, and the Corporate limits of the City of Tigard are herby changed in conformity therewith. SECTION 3: That the P--corder of the City of Tigard be, and she is hereby s directed to, forthwith file a copy of this Ordinance, including a copy of said Order, in the following offices: (a) Secretary of State (b) Department of Revenue and Taxation, Washington County (c) Department of Records and Elections, Washington County (d) Department of Public Works, Attention: Surveyor, Washington County wA 9-81 i i p SLcTION 4: Finding that the lands hereinafter described are now zoned as Washington County various designations an g that pursuant to ORS A97, the City of Tigard has adopted a NPO # 5 Plan for said lands on Durham and SSd Upper Eioones Ferry Read and that ORS 197.175 requires cities to enact Zoning Ordinances to conesinpleFerry y-ant their Cc�rehensive Plans, and further finding that pursuant to procedures, the abovestated Zoning Mapndcrent was presented at a pubic hearing held by the Tigard City Council on May 11, 1981 and all interested persons were offorc?ed an opportunity to be heard at this public hearing. The Council adopts the following substantive findings: � e (a) That this zone Map Amendment is in conformance with the NPO r 5 Plan which_ SECTION 5: Therefore, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal Code, this request for an Amendment to the Zone b:ap of the City of Tigard is hereby approved subject to the provisions of Chapter 18.20 of the Tigard Municipal Code as embodied in adopted Exhibits •A", and "B" attached and made a part of this Ordinance, The zoning designation of the subject property is hereby charged to =+'a "Industrial Park"- and R-5 "Single Family "Residential" for 2S1 12C CLLAiL 23e±.T Exhibit "A"n' Leaal Description - Exhibit "B": Tax Map SECTION 6: inasmuch as it is necessary for the peace, health and safety of the people of the City of Tigard that the foregoing change in the boundaries of the City and Zone Map Amendment become a permanent part of the City's records, an emergency is hereby declared to exist, and thi.s ordinance shall be effective upon its passage by the Council, and approval by the Mayor. PASSED: By M r, orA14 vote of all Council members present, after being read two times by number and title only, this /,p day of , 0-" Recorder - City of T* APPROVED: By the Mayor, this day of /�( fir;, • 19? Mayor - City of Tigard ORDINAVCE 1,70. 81 ZCA 9-81 If PORTI.AiND IMETROPOLITANT AREA LOCAL GOVERNIMENT BOUNDARY CONRIIISSION j' 320 S. W. Stark US30) - Portland, Ore. 97204 - Tel: 229-5307 FINAL ORDER k ' 4 RE: BOUNDARY a-LkNGE PROPOSAL NO. 1684 - Annexation of territory - s to the City of Tigard Proceedings on Proposal No. 1684 commenced upon eceipt by the Boundary Commission of a resolution and property owner consents from the City of Tigard on January 14, 1981, requesting that certain property be annexed to the city. The resolution and property owner k consents meet the requirements for initiating a proposal set forth in ORS 199.490, particularly Section (2) . Upon receipt of the petition the Boundary Commission published and posted notice of the public hearing in accordance with ORS 199.463 and conducted public hearings on the proposal on February 19, 1981, and March 12, 1981. The Commission also caused a study to be made on this proposal which considered economic, demographic and sociological trends and projections and physical development of the land. FINDINGS t (See Findings in Exhibit "A" attached hereto) . REASONS FOR DECISION (See Reasons for Decision in Exhibit "A" attached hereto. z. ORDER On the basis of the Findings and Reasons for Decision listed above, the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 1684 on March 12, 1981. NOW THEREFORE IT IS ORDERED'THAT the territory described in Exhibit 'B" and depicted on the attached map, be annexed to the City of Tigard as of the date of approval. a PORTLAND NETROPOLITALN AREA LOCAL GOVEPVALIENT BOUNDARY CLANMISSION Date: ; r-�- -� -' ames L. (Jamie)' -��Chairman Attest: Page I - FINAL ORDER C 1(Y Proposal No. 1684 FINDINGS On the basis of the public hearing and the study the Boundary Commission found that: 1. The territory contains 33 acres, 5 single family residences, an estimated population of 15 and is evaluated at $364,400. 2. The property owners desire annexation to obtain server service. The city desires the annexation as a step toward the creation of logical boundaries for the city and to obtain jurisdiction of the full length of Durham Rd. to allow for its improvement. Indications are that there are a majority of votes on the city council to follow up with a proposal to annex the island. 3. The City of Tigard's Comprehensive Plan provides for Industrial Park uses south of Durham Rd. and designates the area north of Durham Rd. as Urban Low Density suitable for R-5 and R-7 zoning permitting 5,000 and 7,000 sq. ft. lots respectively. 4. Washington County planning studies have included the area in the City of Tigard's Immediate Grourth Boundary. The Washington County Board of Com- missioners considered annexation policies at its February 12, 1981 meeting as a result of the board's concern about continuing to provide urban services to areas surrounded by Tigard. The county feels Tigard should annex all of these areas and make its boundary more logical. S. The proposal is in conformance with applicable LCDC goals. This finding is based on a goal analysis contained in the staff report. There is a lack of compliance with Goal #10 with regard to the entire city's plan desig- nations failing to meet multiple family allocations. However, most of the land in the proposal is planned for Industrial Park use. Annexation of the entire unincorporated area to Tigard would ease the process of achieving Goal #10 compliance by reducing the number of involved jurisdictions. 6. Water service to the area is provided by the Tigard Water District which also serves the City of Tigard. 7. The territory to be annexed is adjacent to the U.S.A. sewage treatment plant. The area is traversed by the Fanno Creek Interceptor. The city anticipates the formation of a Local Improvement District to extend the collector system upon annexation. S. The territory is within the boundary of the Tualatin RFPD which also serves the City of Tigard. The fire district will not be affected by the annexa- tion. 9. It would be more efficient and economic in terms of police protection for the City of Tigard to have the general surrounding unincorporated area within its boundary. Page 2 - FINLAL. ORDER 11(( P1684 County's Deed Records; thence West, along the South boundary line of the Portland General Electric Company tract, a distance of 305.0 feet to the Southwest corner thereof; thence North, along the West boundary . line of the Portland General Electric Company tract and along a E Northerly extensiop thereof, a distance of 900 feet, more or less, to C a .poiint of intersection with the centerline of (40 foot wide) SW Durham Road; said point also being the Southwest corner of Durham Acres, a subdivision plat of record in said County; thence North 000 30' 30" East, along the West boundary line of said subdivision, a distance of 262.7 feet to the Southwest corner of Lot 5 therein; thencd East, along the South boundary line of said Lot 5 and along an Easterly extension thereof, a distance of 350.97 feet to a point of intersection with the East right-of-way boundary line of (40 foot wide) SW 79th Avenue; thence South, along said boundary line of SW 79th Avenue, a distance of 242.7 feet to a point of intersection with the North right - of-wayboundary line of aforsaid SW Durham Road; thence Easterly and Southeasterly, along. said boundary line of SW Durham Road, a distance of 807 feet; more or less, to the most Southerly Southeast corner of Lot 1 of said subdivision; thence North 260 26' East, along the .Easterly boundary line of said Lot 1, a distance of 589.58 feet to an angle point thereon; said point being a point on the Westerly boundary line of that tract of land conveyed to John A. Duncan, recorded April 13, 1979 under Fee No. 79014180, Film Records of said County; thence North 260 East, along. said boundary line of the Duncan tract, a distanceof93.25 feet to the most Northerly corner thereof, thence South 58 15 East, along W. northerly ` boundary line of the Duncan tract, a distance of 510 feet, more or less, -to the most Northerly Northeast corner thereof; thence South 540 05' - WesE, along the Easterly boundary line of the Duncan tract, a distance of 49.5 feet to an angle point thereon; thence South 120 g0' West, along an extension of the Easterly boundary line of the Dungan tract, a distance of 40 feet, more or less, to a point of intersection with the West right--of-way boundary line of (40 foot wide) SW 74th Avenue; thence continuing South 120 00East, along a Southeasterly I of the said boundary line of the Duncan tract, a distance of 20 feet, more or less, to a point of intersection with the centerline of said SW 74th Avenue; thence Southerly, along the centerline of said SW 74th, Avenue and along a Southerly extension thereof, a distance of 580 feet, more or less, to 4 point of intersection with the Southerly right-of-way boundary line of-(40 foot wide) SW Durham Road; thence, Southeasterly, along the said boundary line of SW Durham Road, a distance of 70 feet, more or less, to the point of beginning of this description. Pa-g 4' - is FR s 4 i 1 K1684 REASONS On the basis of the Findings the Commission determined that: - t 1. The proposal is a step toward the creatnof ltolbelannexed is within boundaries for the City of Tigard. The property proposed an unincorporated area planned for mune brinte g allof Durham bringing - into `the ion will greatly enhance the program of brinO � city to facilitate its improvement. f 2. of Tigard is capable of providing for a full range of urban The City services to the area. 3. Bringing the territory within the boundaries of the City of Tigard will improve the efficiency and economy of service provision to the general area. 4. The proposal is in conformance with the d isfof iTigar orWashi with County and Metro planning for the area, an and annexation would reduce the number of in- applicable I.CDC Goals, ' volved jurisdictions in resolving housing goal compliance considerations. Proposal No. 1684 Annexation CITY OF TIGARD That- portion of 'rand in Section(s) 12 and 13 of Township 2 South, Range 1 West, Oregon, being more particularly described Willamette Meridian, Washington County, a, follows: Beginning at the point of intersection of the Southerly right=6f-way boundary line of (40 foot wide) SW Durham Road with hittoe vee terly thence boundary line of the Southern n anacific extensionlofathelaforsaid boundary running Southeasterly, g _ line of SW Durham Road, crossing said railroad ofignteof-way,nawith distance of 50 feet, more or less, to a point the Easterly boundary line of said railroad right-of-way;thence Southwesterly, along the Easterly boundary line of said railroad right-of-way, a distance of 1150 feet, more or less, to a point of intersection with a Southeasterly extension of the Northeast boundary line of that tract or land conveyed to Un=fied Sewerage Agency of Washington County, by deed, recorded in Book 972 on Page 292 in said County's Deed Records; thence North 360 47' West, along t said extension and boundary line of the Unified Sewerage Agency a distance of 270.4 feet, more or less, to an angle point thereon; continuing along said boundary line of the thence North 330 27' West, Unified Sewerage Agency tract, a distance of 150.4 feet to the most Northerly Northeast corner thereof; said corner also being the South- east corner of that tract of land conveyed to Portland General Electric Company, by deed, recorded in Book 967 on Page 562 in said ¢ crar.�T nnncn #1:;84 County's Deed Records; thence West, along' the South boundary line of the Portland General Electric Company tract, a distance of 305.0 feet to the Southwest corner thereof; thence North, along the West boundary line of the Portland General Electric Company tract and along a North. rly extensiop thereof, a distance of 900 feet, more or less, to a .point of intersection with the centerline of (40 foot wide) SW Durham Road; said point also being the Southwest corner of Durham Acres, a subdivision plat of record in said County; thence North 000 30' 30" East, along the West boundary line of said subdivision, a distance of 262.7 feet to the Southwest corner of Lot 5 therein; thencd East-, along the South boundary line of said Lot 5 and along an Easterly .extension thereof, a distance of 350.97 feet to a point of intersection with the East right-of-way boundary line of (40 foot wide) SW 79th Avenue; thence South, along said boundary line of SW 79th Avenue, a distance of 242.7 feet to a point of intersection with the North right- of-way, boundary line of aforsaid SW Durham Road; thence Easterly and Southeasterly, along said boundary line of SW Durham Road, a distance of 807 feet; more or less, to the most Southerly Southeast corner of Lot 1 of said subdivision; thence Worth 260 26' East, along the .Easterly boundary line of said Lot 1, a distance of 589.58 feet to an angle point thereon; said point being a point on 'the Westerly boundary line of that tract of land conveyed to John A. Duncan, recorded April 13, 1979 under Fee No. 79014180, Film Records of said County; thence North 260 East, along, said $ boundary line of the Duncan tract, a distance of 93.25 feet to the most Northerly corner thereof, thence South 58° 15' East, along the Northerly • Y � boundar line of the Duncan tract, a distance of 510 feet, more or less, 'to the most Northerly Northeast corner thereof; thence South 540 05' West, along the Easterly boundary line of the Duncan tract, a distance of 49.5 feet to an angle point thereon; thence South 120 90' ,Test, along an extension of the Easterly boundary line of the Duggan tract, a distance of 40 feet, more or less, to a point of intersection with the West sight-of-way boundary line of (40 foot wide) SW 74th Avenue; thence continuing South 120 00' East, along a Southeasterly ; extension of the said boundary line of the Duncan tract, a distance of 20 feet, more or less, to a point of intersection with the centerline of said SW 74th Avenue; thence Southerly, along the centerline of said SW 74th Avenue and along a Southerly extension thereof, a distance of 580 feet, more or less, to a point of intersection with the Southerly right-of-way boundary line af•(40 foot wide) SW Durham Road; thence, Southeasterly, along the said boundary line of SW Durham Road, a distance of 70 feet, more or less, to the point of beginning of this description. e t Page 4 - FINAL ORDER Pr o s a No. '� 6 C.` •• ��:� '- l�coco I i•' llr•;;Or � �i �_ 31 = a! N t C•_°° � i r.°.a ;l000 �oo� �..,r.�. •�oo• - j_ � :�• a ' _ccc\ u I. a 64 s I'� _ a2 42 • 1l00 s00 .00 n •" _ =1� '• 1 •e..r •�.e 1 1 •1O, 1/ 1 10 I •.•r 1 , t •i r _0 If ML. AREA TO BE ,.._. ANNEXED - -�-- - •[----� zz 1 1,16 _ :3-r -� �•. •w..��ti .w•. ,�A / ! 3900 q J.00 ` - T • Sw ?SO �p�' yY1 •� 101_ y� 1'100 t•� I�.w.. wv •••- 3,• �I ti ]�s •' -I Jeer .. .n • ' � 1 % I .of 1 �� • • • r�.• ��?� •_� ._ .y •�. _ - � - -f t j rte/ `• \ ' ..: .. c... 1�• ��e• '4� ., .390`- .. _ �'ro••• , CIT`t OF TIGARDs 10 aor 3.`-� , ••%Las �•. s i_ - - 1200 - :�s .». .. 6400 C I Ty RDF � 1 � t '�•� TIG 1100 ' �. ' 1 _ y ts� •a >< f '� j:�lCO . •�� :8.C3 I i�+.500 .a+� 1 .t"'np"•w 1 - •r /. r rG00 I F-•v•.j1 L 9t e•ar - 1 i . argz- _/ i. --� 1• r••e__,_ r•::_�_1. •�_ _ 8 _ �2 1`„1 �•_ „� :2h II 70 ...• .,. ! 44,00 _-r..•- I I 1 1 1: CITY OF - DURHAM -89 _ , • E'`'_✓ 35 '`• " _4.43 ,-_ .. .�--— •� '�` .-�'Tl _'.� _ S• a•w. •ava.a -r � ,.y PROPOSAL NO. 1684 s 1 a ` 4 ='' CITY OF T I GARD • ! !.�_..t! ._. _ �,. _ ._I ; .- •.. ANNEXATION FIG . 2 July 19, 1982 Jahn Duncan Jadco Chemical Ltd. 16055 S.W. 74th Avenue Tigard, OR 97223 Dear Mr. Duncans The recent "Pill" that has taken place on your property raises concerns of possible Municipal Code violations. Chapter 18.57 addresses use of "Sensitive Land", and As your property is designated as such, it falls within the bounds of this section. Any fill taking place within a drainage way, or floodplain, requires a special uae permit, which is issued by the Planning Commission. Ir, addition, any fill in excess of 50 cubic yards requires a permit issued by the Building OfficiAl. As the City has no record of any such permits being issued, you are hereby notified to cease any further filling, and contact the City Planning Department so it may be determined What action will be necessary to eliminate the violations. /'' Contact Will be required within two (2) days of July 19, 1982. Sincerely, Brad C. Roast, Code Enforcement_ Officer /br 26. APPEAL-SENSITIVE LANDS PERMIT M 2-82 JADCO CHEMICAL NPO #5 An appeal by John Duncan of the Hearings Officer's denial. of a sensitive lands permit request to excavate and fill within the 100 year floodplain at 16055 SW 74th Avenue (Wash. Co. Tax Map 2S1 13A Lot 1500). The matter is to be reviewed by Council pursuant to Tigard Municipal Code Section 18.84.250(b)(1). This matter is to be heard pursuant to Section 18.84.290(b) and the review will be confined to the record of the proceedings. No new evidence or arguments will be allowed. However, parties are invited to submit written arguments only pursuant to Section 18.84.290(b). Such arguments shall be submitted to the City Recorder not less than five (5) days prior to Council consideration. During Council consideration, Council may pose questions to staff and parties on policy issues. (a) Legal Counsel advised Council that the applicant has requested the issue be set over until after the Comp Plan adoption. TMC 18.84.310 would allow this if all parties involved give their consent. (b) No one at the meeting objected to the set over of the matter. (c) Motion by Councilor Cook, seconded by Councilor Brian to hear this on January 24, 1983. Approved by unanimous vote of Council. 27. COMPREHENSIVE PLAN REVISION CPR 4-82 JB BISHOP NPO #1 A review by City Council pursuant to TMC Section 18.84.050(b)(2) of Planning Commission's approval of a request by JB Bishop for a Comprehensive Plan Revision from Commercial Professional to General Commercial on Tax Map 2S1 2CC, Tax Lots 100, 801, & 900 and a Comprehensive Plan Revision from Commercial Professional/General Commercial to General Commercial on Tax Map 2S1 2CC, Tax Lots 200 & 500. Property is located on the east side of Pacific Highway approximately 1000 feet south of Garrett Street. (a) Public Hearing Opened (b) Director of Planning and Development advised the Council of the Planning Commission action, presented a petition filed by the residential property owners in the area, and set out the conditions attached at the Commission hearing to the project as follows: 1. The improvements to SW Pacific Highway and the access points from the site to SW Pacific Highway shall be approved by ODOT prior to issuance of building permits. The ODOT approval shall be in writing and shall be accompanied by a plan. 2. A maintenance agreement and plan for the frontage road and island shall be submitted with the application for Site Design Review. 3. The applicant shall apply for Site Design Review. The Site Design Review application shall include elevation sketches showing proposed screening from abutting residential neighborhoods and a letter outlining the disposition of the existing right-of-way which the state intends to dedicate to the property owner. PAGE 6 - COUNCIL MINUTES - NOVEMBER 15, 1982 5. SENSITIVE LANDS PERMIT M 2-82 Jadco Chemical NPO # 5 An appeal by John Duncan of the Hearings Officer's denial of a sensitive lands permit request to excavate and fill within the 100-year floodplain at 16055 SW 74th Avenue (Wash. Co. Tax Map 2S1 13A Lot 1500)• (a) Director of Planning & Development made staff's recommendation to remand the Sensitive Land Permit back to the Hearings Officer in light of the new policy being adopted for the Floodplain/Greenway area. Mr. Monahan had discussed this recommendation with the applicant's attorney, Fred Anderson, who supported this action. o Councilor Scheckla questioned if Legal Counsel had been consulted; they had and supported the action. Discussion followed regarding conditions and writing a new staff report. (b) Councilor Brian moved and Councilor Scott seconded to remand Sensitive Land Permit M 2-83 to the Hearings Officer on May 12, 1983 at 7:00 P.M. - The meeting will be held at the Durham Waste Treatment Plant. Approved by unanimous vote of Council present 6. ESTABLISHED AND DEVELOPING AREAS MAP- (a) Associate Planner Coursolle distributed a copy of the established and developing areas map and memo explaining how the need for this map had resulted from meetings with the CCI and the implementation of Policies 3.3.1 and 3.3.2 in the Finding Policies and Implementation. Strategies document. Coursolle made staff recommendation for ' approval as submitted. PUBLIC TESTIMONY o Yvonne Larson, 10730 S.W. North Dakota requested that the area along 107th and :forth Dakota be an established area because of the number of flag lots and the size of the lots in that area. She requested Council to approve map as presented to protect this area. o Michael Bercutt, 3703 S.W. Kanan Drive, Portland did not support having the property zoned R-20. He and his partners, the Bobergs, had purchased their property at 10700 S.W. North Dakota with the intention of developing it in the future. Mr. Bercutt and Mr. Boberg had both signed the petition presented by Yvonne Larson, however since that time have asked to have their names removed from the petition. Discussion followed. o Councilor Scheckla and Brian did not support taking one lot in an established area and make it developing area. Further discussion. (b) Councilor Brian moved and Councilor Scott seconded to adopt. PAGE 3 - COUNCIL MINUTES - APRIL 11, 1983 26. ATLANTA-PACIFIC LID, ENGINEERING REPORT (a) Motion by Councilor Cook, seconded by Councilor Brian to continue to April 11, 1983. Motion approved by unanimous vote of Council present. 27. ORDINANCE NO. 83-20 AN ORDINANCE AMENDING THE NATURAL FEATURES AND OPEN SPACE ELEMENT OF THE TIGARD COMPREHENSIVE PLAN FOR THE PURPOSE OF AMENDING THE FLOODWAY/GREENWAY POLICY: AND DECLARING AN EMERGENCY. (a) Motion by Councilor Brian, seconded by Councilor Cook to adopt. o Lengthy discussion followed whether the Council wanted to accept any further public testimony and instructions given to staff regarding the preparation of the ordinance. Deborah Naubert, NPO #3, 14365 SW 80th Place, objected to the new language in Section 3.2.1 and felt the issue was amply covered 3.2.2. Motion passed by 3-2 majority vote of Council with Councilors Scott and Scheckla voting NAY. Ordinance will require second reading. CIL 28. ORDINANCE N0. 83-21 AN SECTION1 ORDINANCE(5)E OF ORDINANCETY 82 C701U*,RELATIENDING NGTO DEFINING AN "EQUIVALENT SERVICE UNIT" ON THE CITY'S STORM DRAINAGE SYSTEM AND FIXING AN EFFECTIVE DATE. (a) Motion by Councilor Brian, seconded by Councilor Scott to adopt. Motion approved by unanimous vote of Council, MAYOR BISHOP LEFT 29. DARTMOUTH EXTENSION LID (a) Director of Public Works synopsized the recent events, as he understood them, regarding the establishment of a road system and could city staff take on the engineering responsibilities of the LID. He read from staff memo regarding manpower and considerations for the city to do the project. He recommended hiring an engineer designated with the specific assignment for this project at an hourly wage and also hire out the survey services , all who would work in city hall under the direction of City Staff. He further explained this would reduce the cost of the project and allow the project to begin immediately. City Administrator tried to clarify the options for Council as (1) hire a consultant, (2) hire additional staff on personal services contract, (3) set aside other city projects to allow time to handle the project. Councilor Brian questioned if f- there were any preliminary discussions with the property owners and to what extent outside funds are available for preliminary engineering. Staff responded they had met with three of the four. PAGE 8 - COUNCIL MINUTES - MARCH 28, 1983 t May 3, 1983 CITYOFTIIFARD WASHINGTON COMM.OREGON Mr. John Duncan Jadco Chemical 16055 S.W. 74th Tigard, Oregon 97223 Dear Mr. Duncan, On Friday April 29, 1983, I met with Frank Currie and Bill Monahan to , review the Sensitive Lands Permit application for fill in the floodplain on the Jadco site. In order to complete the staff report and recommendation, additional information is required. The additional information necessary is as follows: 0 What method will be used for erosion control? ® Will the proposal reduce the capacity of the floodplain? e Will the proposal raise flow rates? • Identify amount of cut and fill in cubic yards. r I have contacted Dave Larsen of McKenzie/Saito Engineering and discussed the City's concerns with him. I have scheduled a meeting with Dave Larson, Frank Currie, Bili Monahan and myself for Thursday, May 5th at 11:00 A.M., if you are willing to authorize Dave to attend. I have postponed the hearing from May 12 to May 26, 1983 in order to allow time for staff to review the additional information. It is important that the additional information be prepared and submitted to the City as soon as possible so that staff can complete the report to the Hearings officer. I hope we can come to a speedy resolution of this issue. Sincerely, Elizabeth A. Newton Associate Planner cc: Fred Anderson Dave Larson 12755 S.W.ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171 33 CITY OF TIGAI'D PLANNING DEPT. May 9 , 1983 Ms. Elizabeth Newton Associate Planner P.O. Box 23397 Tigard, Oregon 97223 Dear Liz , In reference to your letter of May 3, 1983, I believe that the additional information you requested has already been answered by the engineering report that MacKenzie Engineering submitted in September of 1982. I have enclosed another copy in the event that yours has been misplaced_ Also enclosed C is a copy of Exhibit D used in the meeting before the Hearings Officer. Please refer to the Ordinance 3. 2. 3 (b) and note that this report meets the criteria set forth. I feel, at this time., to have more engineering done is an unnecessary expense. Also, please be reminded that the Hearings Officer turned down my permit request due to an unclear Greenway Policy in Tigard and not due to any detrimental effect of the fill on the Floodplain. Thank you for your consideration. I, too, hope that we can come to a speedy resolution of this issue. Sincerely, Oo 'n A. Duncan I JADCO CHEMICAL LTD. "Specializing in Formulated Chemicals" (503)684-0044 16055 S.W.74th AVENUE PORTLAND,OR 97223