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City Council Packet - 12/19/1983� a 3 _ TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an SPECIAL MEETING AGENDA agenda item needs to sign on the appropriate DECE24BER 19, 1983 7:30 P.M. sign-up sheet(s). If no sheet is available, u FOWLER JUNIOR HIGH ask to be recognised by the Chair at the start ®',~; 10865SW WALNUT that agenda' item.; Visitor's agenda items are C4 r4 TLGARD, OREGON 97223 asked to by kept to 2 minutes or less; longer a matters can be set for a feature Agenda by con- tatting either the Mayor or' City.'Adminiatrator. 7:30 1. SPECIAL MEETING: 1.1 Call To Order and'Roll 'Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non-Agenda Items 7:35 2. VISITOR'S AGENDA (2 Minutes or Less, Please) 7:45 3. FIRE ARMS ORDINANCE AMENDMENT - Ord. 83 Chief of Police 7:50 4. COMPREHENSIVE PLAN AMENDMENT - ORDER OF APPROVAL CPA 17-83 and ZC 13-83 Marvin Smith Ord. 83 Director of Planning and Development 7:55 5. ORDINANCE NO. 83-58 AN ORDINANCE ADOPTING FINDINGS A14D UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A COMPREHENSIVE PLAN HAP AMENDMENT AND ZONING DISTRICT HAP AMENDMENT (CPA 9-83 and ZC 8-83 - GALLAS VINEYARD) AND DECLARING AN;EMERGENCY (2nd reading of ordinance) Director of Planning and Development RECESS COUNCIL 8:00 6. TURA MEETING .1 Call to Order & Roll Call .2 Business Meeting .3 Adiournment RECONVENE COUNCIL :05 7. PLANNING COMMISSION WORKSHOP :35 8. PLANNING & DEVELOPMENT ANNUAL REPORT Director of Planning and Development :00 9. DARTMOUTH LID PROGRESS REPORT Director of Public Works and Consulting Engineer, Bob Wright 15 10. PURCHASING ORDINANCES AND RESOLUTIONS Ord. 83 Ord. 83- Res. 83-- Finance Director and City Attorney will 11. COMPREHENSIVE PLAN URBAN PLANNING AREA AGREEMENT Director of Planning and Development 9:45 12. 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 re=,oved by motion for discussion and separate action. Motion to: .1 Approve Sign Exception lee Res. 83- 105 .2 Receive and file Department reports. .3 Accept neer bond and authorize release of existing Maintenance Bond for: Bellwood 11 and Copper Creek 11 .4, Approve Setting Hearing RE: Transfer City Property off 124th.` Res.'`83-106 .5 Approve Appointment NPO #6 - Doug Vezina .6% Approve 'Wilsonville and North Plains to join MACC Res. 83-107 North Plains Res. 83-108Wilsonville .7 Ratify Council Calendar .8 Approve Council Minutes _ 12/21/83, 12/5/83 .9 Library Board Request for Profession Services Survey 9:50 12. NON--AGENDA 10:00 13. ADJOURN (0316A JW) NON-AGENDA ITEMS: From Council and Staff 1 T I G A R D C I Y C 0 U N C I L SPECIAL MEETING MINUTES - DECEMBER 19, `1983 - 7:30 P.M. 1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilors: Tom Brian, John Cook, and Kenneth Scheckla; City Staff: Bob Adams, Chief of Police; Frank Currie, Director of Public Works; Doris Hartig, City Recorder; Bob Jean, City Administrator; Bill Monahan,` t Director of Planning & Development. Tim Ramis, Legal. Counsel; and °Jerri Widner, Finance Director. 2. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS UNDER OPEN AGENDA o City Administrator noted Councilor Scheckla would like to discuss consent _agenda items 12.3 Bellwood I and Copper Creek II and 12.9 Library Board request for professional services survey. -0 City Administrator requested the following items be set for non-agenda items: Receive and File memo regarding Budget Committee attendance. _ 68th Avenue Street LID report. Briefing on labor relations discussion when to discuss with Council. 3. VISITOR'S AGENDA No one appeared to speak. 4. ORDINANCE NO. $3-60 AN ORDINANCE APPENDING ORDINANCE 7.32.120 REGULATING ¢ THE PENALTY FOR 'DISCHARGE OF FIREARMS AND DECLARING AN EMERGENCY. k a. Chief of Police introduced Lt. Wheeler who discussed the amendments which would up-grade the classification for actual discharge of firearms to a Class A Misdemeanor. This classification would bes equal to the carrying of firearms. b. Motion by Councilor Brian, seconded by Councilor Cook, to adopt. Approved by 3-1 vote of Council present with Councilor Scheckla voting NAY.. Ordinance will require a second reading. 5. ORDINANCE NO. 83-61 AN ORDINANCE ADOPTING FINDINGS AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A COMPREHENSIVE PLAN MAP AMENDMENT AND ZONING DISTRICT MAP AMENDMENT (CPA 17-83 and ZC 13-83 - MARVIN SMITH) AND DECLARING AN EMERGENCY. a. Motion by Councilor Cook, seconded by Councilor Brian, to adopt. PAGE I - COUNCIL MINUTES - DECEMBER 19, 1983 Mayor Bishop stated he opposedapproval for the same reasons as stated in the previous meeting. He felt high density should not;be allowed between the high school and Cook Park and that police, schools and traffic will be impacted by high density development. Approved by 3-1 vote of Council present with;Mayor Bishop voting NAY. Ordinance will require a second reading. 6. ORDINANCE NO. 83-58 AN ORDINANCE ADOPTING FINDINGS AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A COMPREHENSIVE PLAN MAP AME14DMENT AND ZONING DISTRICT MAP AMENDMENT (CPA 9-83 and ZC 8-83 - GALLOS VINEYARD) AND DECLARING AN EMERGENCY. Second reading of Ordinance. a. Motion by Councilor Brian, seconded by Councilor Cook, to adopt. Approved by 3-1 vote of Council present with Council Scheckla voting NAY. COUNCIL RECESSED AND RECONVENED AS TURA BOARD AT 7:55 P.M. 7. TURA MEETING Present: Chairman Wilbur Bishop, Board members Tom Brian, John Cook and Kenneth Scheckla. a. City Administrator reported there was no business to be conducted. b. Councilor Scheckla inquired how long it would take to wind down the TURA business. City Administrator responded staff will have a report after the first of the year but it would probably take 6 months to repay the loan. Meeting Adjourned at 7:57 P.M. COUNCIL RECONVENED 8. PLANNING COMMISSION WORKSHOP Planning Commission members present: Chairman Frank Tepedino, Phil Edin, Chris Vanderwood and John Butler. a. Director of Planning and Development stated annexation, economic development and planning in general were possible discussion issues. Staff hopes to have the comprehensive plan acknowledged in April by LCDC and in the meantime respond to their questions and concertxs. He also reported they hoped to pursue annexation to smooth out the boundaries of the City. PAGE 2 - COUNCIL MINUTES - DECEMBER 19, 1983 ME M o` Phil Edin of Planning Commission discussed his concern regarding the economic development committee programs and progress. He noted no representative from the Planning Commission would serve on the n committee and was not sure :economic development is a priority item for the Planning Commission. He also spoke to the Council unwritten policy regarding voluntary annexation. He would like to see some direction in that area and know 'what is expected of the Planning Commission. As new development ,applications come in, he felt they should work with the Park Board on the greenway areas. He discussed the annexation on SW 78th in Metzger area and wanted clarification as to City policy regarding upgrading streets in that area. He noted he did not feel it is appropriate for The Tigard citizens to pay for the entire - improvement' of streets. Council and staff discussed the City's 'street maintenance programs. o John Butler of Planning Commission:spoke' to City annexation policy and the impact on schools and police protection. He suggested a workshop on the new development code and comp plan. He felt the City should plan for the impact of new development. o Chris Vanderwood, Planning Commission supported Phil Edin's " suggestions and stated her concern regarding the decrease in level of police service and 'would like to see it looked at more closely. o Chairman Frank Tepedino stated the Commission's concern is how to ' control growth as the City would like it to. The Planning; Commission ' lacks specific guidelines from Council regarding many items such as traffic circulation patterns, economic development requests, annexation issues, wetland and floodplain issues. He suggested Council instruct City staff to crystallize those ureas so the City ' could make some policy decisions and then the Planning Commission could deal with them. Council and Tepedino then discussed issues and concerns regarding annexation in the Washington Square and Metzger area and lack of policy guidelines. o Staff discussed setting up a workshop to understand the comprehensive plan, how to handle applications and the hearing process. o Councilor Cook and other Council members thanked the Planning Commission for all their work and effort in getting the comprehensive plan to Council. 9. PLANNING B DEVELOPMENT ANNUAL REPORT a. Planning and Development Director Bill Monahan distributed information on Building Department revenue giving an overview of activities, noting their department's major accomplishment is submitting the comprehensive plan to LCDC. They hope to have the plan finalized in April. He reported activities in the department have increased since the adopting of the plan. Staff hopes to spend more time on annexations, economic development and work with the Park Board. PAGE 3 - COUNCIL MINUTES - DECEMBER 19, 1983 n mm71 o Liz Newton reported on revenues and number of applications received by the Planning Department, comparing them with last year's activities. o PlanningDirector Monahan gave an overview of Building Department activities noting the adjustment in building staff and use of an intern to train in the department. o Building ;Official Ed Walden spoke to building revenue and codes enforcement, noting codes enforcement has 'suffered due to lack of staff time. o Councilor Scheckla inquired about signs on Wayside Inn and Shell station at Shady Lane and wanted staff to review the issue. :Staff to respond on 1/9/84. 10. DART24OUTH LID PROGRESS REPORT a. Director of Public Works Currie summarized highlights of the project noting there were 3 ;phases: 1. return with consensus of the larger property owners regarding the location; 2.- determine the assessment district boundaries and assessment formula; 3. come -back with feasibility report and set public hearing. ` The information presented is the first phase, regarding location of street and the 5 large property owners make up 90% of the land to be benefited from the improvement. Staff is :requesting guidance on the routing so the project may proceed with an engineering report. 0 R.A. Wright referred to his letter noting the property owners in support, opposed and unknown. He reviewed the route giving the reason for alignment through the various properties. He stated they hoped to develop a road with the least impact on residential property and giving maximum benefit to the property owners. 0 Mrs. Ball from the audience stated the Highway Department bought property with the understanding that was where the interchange would be and should not be included in the LID. The Oregon State Highway Department should pay for improvements between S.W. 68th and 69th. 0 Lavelle Allen, NPO #4, stated his concern regarding impact on residential property and the traffic flow/drainage problems. 0 Lousie Stewart, resident at Hedgepath property, stated her concern regarding the removal of her house. She suggested the route be moved to the south to vacant land. ; 0 nark Potmeyer, 7050 S.W. Clinton, objected to the route being so close to his home and spoke to the livability, noise and fumes. He suggested the road be moved as far south as possible. a Cordon Martin, 12265 S.W. 72nd, stated he couldn't support this route because of the impact on the residents. He noted if the road was PAGE 4 COUNCIL MINUTES - DECEMBER 19, 1983 j moved south they would have the largest assessment and the land can't support it with no development. '` He noted he was willing to dedicate the property and put in $200,000 towards the project. o Council and staff discussed alternative routes, cost and key characteristic differences.'' o Robert Wahl, 7080 S.W. Clinton, .'inquired how close the route would come to his residence. Staff responded with distances from property line and residence. o Council requested staff to bring .back alternative :routes with summarized construction cost between the two proposed routes on January 16 1984. 11. PURCHASING ORDINANCES AND RESOLUTIONS City Administrator summarized the proposed ordinances and resolutions noting this was the next step in setting up a centralized purchasing system. a. ORDINANCE NO. 83-62 AN ORDINANCE RELATING TO PUBLIC CONTRACTS AND PURCHASING, REPEALING CODE' CHAPTER 2.46 AND RE-ENACTING PROVISIONS RELATING TO THE LOCAL CONTRACT REVIEW' BOARD, AMENDING CODE SECTION 2.04.040(4), AND DECLARING AN EMERGENCY. o Motion by Councilor Cook, seconded, by Councilor Scheckla, to adopt. ; Approved by unanimous vote of Council present. b. ORDINANCE No. 83-63 AN ORDINANCE SUPERSEDING RESOLUTION NO. 77-5 AND ADOPTING RULES OF THE CITY OF TIGARD LOCAL CONTRACT REVIEW BOARD FOR THE AWARDING OF PUBLIC CONTRACTS, AND DECLARING AN EMERGENCY. o Motion by Councilor Cook, seconded by Councilor Brian, to adopt. Approved by unanimous vote of Council present. C. RESOLUTION NO. 83-109 A RESOLUTION ADOPTING A PURCHASING MANUAL. o Motion by Councilor Cook, seconded by Councilor Brian, to approve. Approved by unanimous vote of Council present. 12. COMPREHENSIVE PLAN -URBAN PLANNING AREA AGREEMENT, Consensus of Council was to table to January 9, 1984 meeting. 13. RESOLUTION NO. 83-105 A RESOLUTION OF THE TIGARD CITY COUNCIL PRESCRIBING NEW FEES FOR SIGN CODE EXCEPTIONS, PAGE 5 - COUNCIL MINUTES - DECEMBER 19, 1983 , 7 z. B seconded by Councilor Brian, to approve. a. Motion by Councilor Cook, Approved by unanimous vote of Council_ present. 14. 'RECEIVE AND FILE DEPARTMENT REPORTS' a. Motion by Councilor Cook, seconded by Councilor Brian to receive and file. Approved by unanimous vote of Council present. 15. ACCEPT NEW BOND AND AUTHORIZE RELEASE OF EXISTING MAINTENANCE BOND FOR: , Bellwood ICI and Copper Creek II a. Councilor Scheckla inquired if the City will have some expense later if the sidewalks were not complete• Director of Public Works ` explained there will be a one-year bond that will assure the sidewalks will be built. b. Motion by Councilor Cook, seconded by Councilor Brian, to accept and authorize release of existing maintenance bond. Approved by unanimous vote of Council present.' 16. RESOLUTION NO. 83-106 A RESOLUTION OF THE CITY COUNCIL PROVIDING FOR SALE OF REAL PROPERTY, DESCRIBING THL PROPERTY To BE SOLD, THE BACKGROUND CIRCUMSTANCES, THE PROPOSED USE THEREOF, DIRECTING PUBLICATION OF NOTICE SETTING A TIME AND PLACE FOR A PUBLIC HEARING. a, Motion by Councilor Cook, seconded by Councilor Brian, to approve. Approved by unanimous vote of Council present. 17. APPROVE APPOINTMENT NFO #6 - Doug Vezina a. Motion by Councilor Cook, seconded by Councilor Brian, to approve. Approved by unanimous vote of Couacil present. 18. RESOLUTION NO. 83-107 A RESOLUTION PROVIDING THE CITY OF TIGARD AUTHORIZATION FOR THE AMENDMENT OF BOTH THE INTERGOVERNMENTAL AGREEMENT ENTITLED, "INTERGOVERNMENTAL COOPERATION AGREEMENT-METROPOLITAN AREA COMMUNICATIONS COMISSION" AND THE ADOPTED CABLE COMMUNICATIONS SYSTEM FRANCHISE AGREEMENT TO PERMIT AND AUTHORIZE THE CITY OF NORTH PLAINS, OREGON TO BECOME .A MEMBER OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION AND A PARTY TO THE FRA14CHISE AGREEMENT, AS ADDENDED FOR NORTH PLAINS. a. Motion by Councilor Cook, seconded by Councilor Brian, to approve. Approved by unanimous vote of Council present. PAGE 6 - COUNCIL MINUTES - DECEMBER 19, 1983 19. RESOLUTION NO. 83-108 A RESOLUTION PROVIDING THE CITY OF TIGARD AUTHORIZATION FOR THE AMENDMENT OF: BOTH THE INTERGOVERIdMENTALAGREEMENT ENTITLED, "INTERGOVERNMENTAL COOPERATION AGREEMENT METROPOLITAN AREA COMMUNICATIONS COMMISSION" AND THE ADOPTED CABLE COMMUNICATIONS SYSTEM FRANCHISE AGREEMENT TO PERMIT AND AUTHORIZE THE CITY OF WILSONVILLE, OREGON TO BECOME A MEMBER OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION AND A PARTY TO THE FRANCHISE AGREEMENT, AS ADDENDED FOR WILSONVILLE'. a. Motion by Councilor Cook, seconded by Councilor Brian, to approve. Approved by unanimous vote of Council present. ' 20. RATIFY COUNCIL CALENDAR a. Motion by Councilor Cook, seconded by Councilor Brian, to.ratify. Approved by unanimous vote of Council present. A 21. APPROVE COUNCIL MINUTES - November 21, 1983 and December 5, 1983 a. Motion by Councilor Cook, seconded by Councilor Brian, to approve. Approved by unanimous vote of Council present. 22. LIBRARY BOARD REQUEST FOR PROFESSIONAL SERVICES SURVEY a. Councilor Scheckla explained his concern to keep costs down and watch expenditures. City Administrator responded staff would be sure services are delivered and will have contracts prepared. o Council discussed purpose of Library Board's review of the Space Needs Il proposals, as it was suggested all proposals be submitted to Ccuncil. Library Board felt they were to narrow the proposals and make a recommendation to Council. Consensus of Council was the group was to narrow down the proposals and make as specific recommendation as they can. b. Motion by Councilor Cook, seconded by Councilor Brian, to approve. Approved by unanimous vote of Council present-. 23. NON-AGENDA ITEMS g 23.1 BUDGET COMMITTEE ATTENDANCE a. City Administrator noted the memo on Budget Committee Meeting Attendance was prepared at request of Budget Committee and was a receive and file item. PAGE 7 - COUNCIL MINUTES - DECEMBER 19, 1983 23.2 S.W. 68TH ,AVENUELID F a. Director of Public Works reported the Oregon State 'Highway Department was completing street improvements in that area and r recommended the project be discontinued. b. Motion by Councilor Scheckla, seconded` by Councilor Briar,, to discontinue the S.W. 68th Street LID. Approved by unanimous vote of Council present. 23.3 LABOR RELATIONS a. City Administrator inquired if -Council wished an update on labor relations tonight. Consensus of Council was to discuss in >January 1984. 24. ADJOURNMENT AT 10:20 P.M. City Recorder ATTEST: : ayor (DH:pm/0867A) PAGE 8; COUNCIL MINUTES DECEMBER 19, 1983 A ill e TIMES PUBLISHING COMPANY legal 7-6005 P.O.BOX 370< PHONE(503)684-0360 Notice BEAVERTON,OREGON 97075 Legal Notice Advertising p ® ❑ Tearsheet Notice City of Tigard ® PO Box 23397 ® ❑ Duplicate Affidavit Tigard, 0 R 97223 AFFIDAVIT OF PUBLICATION STATE OF OREGON, � COUNTY OF WASHINGTON, ,ss. 1, Su4an Pinkley _ being first duly sworn,depose and say that I am the Advertising Director,or his principal clerk, of the` Tigard Times a newspaper of general circulation as defined in ORS 193.010 and 193.020;published at Ti garb 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 1 successive and consecutive in the following issues: nec�mber -51 1983 Subscribed�rpeietoe me this T{ no 1993 Notary Public for Oregon MY Commission.Fxpir :/ 3/16/87 AFFiD d�#L�F',•a<}�z5 v.�x a.F S x t �� 4r'�'q�,4fa�" �. ty�gq�yq_ayy f ,s i.m � a dv ifu 'fid• rn 97223:eir by.c&Lkt 6 �?I r + Q.O3Yw^tfie f3�3�Ci EJJft�tCPs9 $e ��e t ?39 l'.M. 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Av � FY Wyp SAE fihz3 x x ^1 A a� �' y:.. =,.,. � rte: �s<..:.e+, � -:''x_ 1.Fts'r _,i..��'M,-��" ti,�.?'�+'?±`«"�•F °��>r'�.__�:+ +x=.s',�.a'.�2 ,��-rn�b��.�°a'�.PEx� r�t�•'�'4�i'€, 'C'3'n!�ua�rr,U�'�fa�'yz 3�`�.�� a>�:>�r ��.yy:�..,��;z.�r� w a3 M T t-caa .eta,rw? yk r,,, aux^.r u � r 3` a� ` d`` -a.', -:a. :', "" r-: :•id F'� •r�'� ' <?x".4-�rx- 'YF.. .�,aS.t* 3 as �..k.r ,,sn.. a♦.._ <ra. �'�.-�s,.-.:,-btu - -1. �.r i" ^`. � - -?f '�',.,_,zr:v .' .s*.w-. �• .: �...:.. :*a+,.e�x' .s s, ,+s;...; .az--- .t.,, r.„, ,Y;°„r�z ",5.:,�. s `ax�.z_� .ru,.�,_r .:��.r=°`, +. q CITY OF TIGARD, OREGON wr COUNCIL AGENDA ITEM SUM14ARY AGENDA OF: 12-19-83 AGENDA ITEM #: DATE SUBMITTED: 12-8-83 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Ordinance Amendment, 7.32.120 Discharge of REQUESTED BY: Chief of Police Weapons DEPARTMENT HEAD OK: L5e07 CITY ADMINISTRATOR: INFORMATION SUMMARY The police"department frequently responds to calls involving the alleged discharge of firearms in the City. In order to take enforcement action under the existing ordinance, a Class C Misdemeanor, the actual discharge must be witnessed by the officer or another witness. By upgrading the,classification to a Class.A Misdemeanor will 'allow the investigating officer to arrest on ;probable cause. 4 ALTERNATIVES CONSIDERED N/A SUGGESTED ACTION " 'Recommend amending T.M.C. 7.32.120 as presented to allow timely enforcement of the law. Respectfully, R.B. Adams, Chief of Police CITY OF TIGARD,`OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: December 19, 1983 AGENDA ITEM ia: ti DATE SUBMITTED- December 13, 1983 PREVIOUS ACTION: Approved by Council ISSUE/AGENDA TITLE: Comprehensive December 5, 1983 Plan Amendment 17-83 and ZC 13-83, REQUESTED BY: Qs dinance DEPARTMENT 'HEAD OK: �. CITY ADMINISTRATOR: sa:ssacaffioccaaaccasa:mac=soaaaaaa�...—.-Wag--�=r=----caaacaaa._---as---.—==---=aa INFORMATION SUMMARY SUMMARY' On December 5, 1983 the City Council voted favorably on the application of Marvin Smith for a comprehensive plan amendment and a zone change. Attached is an ordinance adopting findings. as,swssasacaffiae oss:sagess'.oa--------s--------- ----:asrsa�amsezaa�acsacsa;usarassasaaacac ALTERNA'T'IVES CONSIDERED The Council can accept or reject the proposed findings -; s-wamrcaoderr,oa----xseosaarsseasseecsaYr_acsxscrs¢aaa-smm_:scvcmamcaa=aces aarasa�msxaa�sxws�o:�srsca SUGGESTED ACTION I recommend that the City Council vote to adopt the attached ordinance establishing findings in this matter. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: lT/lam AGENDA ITEM : DATE SUBMITTED: 12/ 3/R'l PREVIOUS ACTION: Council Uoted 3-2 ISSUE/AGENDA TITLE: QajjQ jjMey_-Uz to approve ordinance. om rehensive Plan Zone ChanF_P 8mend. REQUESTED BY: City Council DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY Council voted to uphold Planning Commission denial on 11/7/83 and directed staff to prepare findings for final consideration. On 12/5/83 Council considered ordinance 83-58 adopting findings and upholding the Planning Commission's denial. ; Ordinance was approved by 3-2 vote of Council present with Councilors Scheckla and Scott voting Nay. To approved- the ordinance will require a second reading. ALTERNATIVES CONSIDERED e,resxxs�m�xxuzaa„sa.:trom.e actsaamus�i¢xc=aaax===-s=====____=e=�==-==e=-==--xa=sixes=x�mg�aaa��xm=== SUGGESTED ACTION 1. Adopt the findings as presented in Ordinance 83-58 2. Disapprove ordinance C' GI... E We D- r CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA ITEM AGENDA OF: ry or S 19f3 i �_ hold Count PREVIOUS ACTION: ted to I DATE SUBMITTED: D c mb-.L11933 -- ,,,,' oG��r�nevar d Plantai ISSUE/AGENDA TITLE: Commission denial on 11/7/83 REQUESTED BY- City Council om rehensive Plan & Zone Chane Amend. _ k CITY ADMINISTRATOR: ,• '1 - DEPARTMENT HEAD OK: _- ----- -------- --__= INFORMATION SUMMARY hold the Planning Commission's On November 11, 1983, ,the City Council voted to uphold e request for Gallos genial of 'a Comprehensive Pian Amendment and ;Zonto a arenan ordinance adopting vineyard. The City Council directed ng stadocumentspare attached. findings. The ordinance and supporting ALTERNATIVES CONSIDERED gLi40C L'8S�C1G3CCRGC=SSC^2Z�'SCEC�SCCT.G--.-•�•�. .. SUGGESTED ACTION�___�___ resented in the ordinance Staff'recommends City Council adopt the findings as P attached. T G A R D C I T Y C O U N C I L SPECIAL MEETING MINUTES - NOVEMBER 7, 1983 - 7:30 P.M. 1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilors: Tom Brian (arriving ` at 7:50 PM), John Cook, Kenneth Scheckla' (leaving ',at 11:12 PM) and Ima Scott; City Staff: Frank Currie, Director of Public Works; Doris Hartig', City Recorder; Bob Jean, City Administrator; Bill Monahan, Director of Planning & Development; and Tim Ramis, Legal Counsel. 2. CALL TO STAFF AND COUNCIL FOR NON--AGENDA ITEMS UNDER OPEN AGENDA a. Councilor Scheckla requested update on Hearing Officer's report regarding the JAFCO appeal. Staff to report back. b. Councilor Scott requested report on SW 72nd liabilityregarding - non-conforming driveways. Staff reported all property owners have been contacted and no one has ,responded. Council and staff discussed how to; get 'response. Consensus was that staff is to contact the property owners again and ask how/if they intend to respond`. C. City Administrator requested Council set date for sales tax hearing. Consensus was to hear on November 21, 1983. d. Mayor Bishop added discussion regarding Englewood park area. Y 3. VISITOR'S AGENDA No one spoke. , COUNCIL RECESS - 7:45 P.M. - RECONVENED AS TURA BOARD 4. Present: Chairman Wilbur Bishop, Board Members John Cook, Ima Scott and Kenneth Scheckla. g Director of Planning and Development reported there were no business items for the month of November. Staff will report in December steps required to close out TURA. I Meeting Adjourned 7:45 P.M. COUNCIL RECONVENED: 7:45 P.M. 's 5. TOWN AND COUNTRY DAYS COMMITTEE REPORT Judy Christiansen, President of Tobin and County Days discussed budget for next year and Committee's goals and objectives. They would like to become more of a steering committee to allow other non-profit groups to make ,, money. She further explained they had reviewed with staff work to be done by the City during the celebration and felt the Committee could assist and cutdown the City's labor costs. COUNCILOR BRIAN ARRIVED 7:50 P.M. PACE 1 - COUNCIL. MINUTES - NOVEMBER 7, 1983 ' Discussion continued regarding the 82-83 event, centering on 'damage to the park, added cost to the City and direct contribution ,to the park system. Ms. Christiansen stated they were distributing fliers in the community ,to get `input' for future events. Se PARK RULES AMENDMENT DISCUSSION Director of Public 'Works ; summarized his >memo, noting the recommended changes with respect to limiting reserved space, advance deposit for special equipment or service, no refund of application fee policy and identification - of waiver of fees standard. Council ` discussed the recommendations with emphasis on the standard to be used for waiver of fees. Consideration was given'r regarding waiving fees for groups who contribute to the park system or contribute to the community as a whole. Consensus of Council was to refer back to the Park Board with -Council's concerns and get their recommendation: Council recommendation for class two ;groups wastocharge no fee or limit waiver of fees if applicant has contributed to the community. 7. DARTMOUTH STREET DISCUSSION WITH BOB WRIGHT Bob Wright of R. A. Wright Engineering reported on progress to date and answered questions from Council.' He noted the major property owners have been meeting to come to a united agreement and have looked at 4 different routes. To date a ' feasibility study and engineering report has been prepared, however, he hopes to have more ;information 'within the next'' 3 weeks. LaValle Allen, from audience, questioned what happened to committee that was to participate in the meetings. Director of Public Works responded it is the responsibility of the property owners who call the meeting to notify the committee of the meetings. R. A. Wright will contact the parties involved and try to correct the problem. 8. SW 115TH STREET PARKING Director of Public Works noted the traffic problems on SW 115th and reported the property owners have been notified of the proposed ordinance. He showed slides of the street as well as graphs pointing out the problems. Council discussed limiting parking, the bike path and width of the street. Betty Clark, SW 115th Street resident, spoke to the limited visibility and was concerned regarding the safety to children. Earl Walsh, SW 115th resident, spoke to heavy 5 o'clock traffic, the school bus traffic and limited visibility. Judy Christiansen, SW Fairview Lane, reported extra vehicles parking on the street that were causing the problem. Motion by Councilor Scheckla to table item until more information was received from the Police Department regarding accidents Motion seconded by Councilor Scott. Motion failed by 2 3 vote with Mayor Bishop, Councilors Brian and Cook voting NAY: PAGE 2 - COUNCIL MINUTES - NOVEMBER 7, 1983 ORDINANCE NO. 83-50 AN ORDINANCE AMENDINGAND SUPPLEMENTING CHAPTER C 10.28, OF THE TIGARD MUNICIPAL CODE BY ADDING TO SECT-ION 10.2.8.130 TO PROHIBIT PARKING ON A PORTION ' OF SW 115TH AVENUE, < DECLARING AM EMERGENCY AND FIXING AN EFFECTIVE DATE. Motion by Councilor Brian, seconded by Councilor Cook to 'adopt and direct <staff to put center yellow line wherever appropriate. Motion approved by 4 I vote of Council with Councilor Scheckla voting NAY. Ordinance No. 83-50 will require a second reading. 9. COMPREHENSIVE PLAN AMENDMENT CPA 12-83, ZONE CHANGE ZC 9-83 PCM ASSOC. PORTLAND CHAIN, NPO #2, APPEAL HEARING ON-THE-RECORD. An appeal of the Planning Commission's denial for: a Comprehensive' Plan' Amendment from Industrial to General Commercial and a Zone Change from" Industrial-Light - ' to C-3. Located at >9770 SW Scholls 'Ferry Road (Wash. 'Co. Tax Map 1S1 27DD, Lot 2700) Public Hearing Opened Director of Planning & Development synopsized history of application. Discussion with 'Council followed regarding quality of transcript and how the Planning Commission voted. " Those who testified are as follows: C APPELLANTS: Terry Hauck, PCM Associates, 1200 Standard Plaza, Portland, Oregon Attorney representing the applicant showed 7 minute tape of previous testimony given at the Planning Commission meeting. ` Mike McKenna, PCM Associates, 4005 SW Sixth, Portland, Oregon Summarized the land use history and noted the use that would be made of the property by Levitz Furniture. Terry Jauck, Attorney, summarized the Planning Commission's basis for denial and findings and explained in his opinion the proposal would be compatible with the surrounding area. He addressed the issue of traffic impact, improving site and higher evaluation for the City. John Nordholt, general, manager for Portland Chain spoke in support of the zone change. RESPONDENTS John Skourtes, 17010 SW Weir Road, testified against zone change. In his opinion, it doesn't fit in the block and that industrial and commercial property uses do not mix. CROSS EXAMINATION Mike McKenna Pi ,zr Blearing Closed i. PAGE 3 COUNCIL MINUTES NOVEMBER 7, 1983 Mayor Bishop 'made 'disclosure statement stating he had worked with the N legal firm and general contractor, but has no conflict of interest. Councilor Brian discussed the compatibility and character of surrounding area and possible future uses. He supported the commercial use. Councilor Scheckla" questioned the transcript and; previous actionof Planning Commission. Council continued to discuss if sometime in the future this area should go commercial_ Motion by Councilor Brian, seconded by Councilor Scott, to sustain: the appeal to allow the comprehensive plan change and allow the zone change " and direct staff to prepare findings for final consideration. Motion passed by 4-1 vote of Council with Mayor Bishop voting NAY. MEETING RECESSED `10:35 ;P.M. Y MEETING RECONVENED 10:47 P.M. f COUNCILOR BRIAN ABSENT : 10. COMPREHENSIVE PLAN AMENDMENT CPA 9-83; ZONE` CHANGE ZC 8-83 GALLO'S VINEYARD/HERB MORISSETTE BUILDERS NPO #7 - APPEAL HEARING ON-THE-RECORD. An appeal of the Planning Commission's .denial for a Comprehensive Plan Amendment from Low Density to Medium Density Residential and a Zone Change from R-7 (Single Family Residential) to R-5 (Single Family Residential). Located at SW Tigard Street and SW 113th Avenue (Wash. Co. Tax Map 1S1 `^ 34DC, 'Tax Lot 2900)• Public Hearing Opened Planning Director summarized history of application. COUNCILOR BRIAN ARRIVED 10:55 P.M. Discussion by Council regarding clarification of the transcript and voting F- by Planning Commission members. ' Those who testified are as follows: i APPELLANTS: Andy Jordan, Attorney, .1600 SW Cedar Hills Blvd. noted history of their proposal, requesting change from R-7 to R-5 which would allow as many as 22 lots on 3.38 acres. He suggested they be allowed 17 lots in the subdivision by changing the Comprehensive Plan and approving the zone change. Councilor Brian noted this is new testimony. Andy Jordan responded this is a compromise to attach as a condition. Discussion followed with the City Attorney stating the testimony may be allowed as it is a lessor use ^ and the Council has tha authority to grant it. The issue was raised if Councilor Scheckla had a conflict of interest as it was the opinion of some members in the audience from NPO #7 that his brother's property was included in the appeal. The applicant, City staff PAGE 4 - COUNCIL MINUTES - NOVEMBER 7, 1983 and Councilor Scheckla all stated the property under consideration was owned only by Mike Morissette Builders. The applicant, staff and Council urged Councilor` Scheckla to hear the issues. COUNCILOR SCRECKLA`LEET 11:12 P.M. Hans Vatheuer of Alpha Engineering addressed the drainage problems and noted a drainage plan had been prepared. He also spoke to density, transportation and summarized the areas of concern by the Planning Commission. RESPONDENTS: Larry Jensen, SW 113th Place, urged Councilto uphold the denial stating he was concerned regardingthedrainage plan. Theresa Ham-Ciapanno, 11660 SW 113th Place, urged Council to uphold denial and spoke to drainage problems. Richard Boberg, 10660 SW North Dakota, representing NPO #7, urged denial and, spoke to density,- transportation and drainage issues. Nancy Robbins, 12185 SW Summer Street, Chairman NPO #7, questioned the allowing of new evidence and procedures as the NPO and ''Planning Commission had not reviewed the new proposal. Bonnie Owens, member of Planning Commission, 12450 SW Summercrest Drive, �' addressed the drainage issue and found the findings of the Planning Commission to be conclusive. She felt the testimony ' given did not meet the transportation criteria, Herb Morissette, Builder, spoke to drainage problems that develop after the buildings are complete. REBUTTAL: Carol Hardie, 11800 SW 113th Hans Vatheuer Andy Jordan Larry Jensen Public Hearing Closed Council discussed the testimony and property under consideration. Motion by Councilor Brian, seconded by Councilor Cook, that the appeal be denied and that staff be directed to prepare findings for final consideration. Motion approved by unanimous vote of Council present. 11. 'ENTRAL BUSINESS DISTRICT - INDUSTRIAL USES ALONG R.R. TRACK DISCUSSION �. Due to the lengthy agenda consensus of Council was to consider this item on November 9, 1983. PAGE 5 - COUNCIL MINUTES - NOVEMBER 7, 1983 12. APPROVE COUNCIL MINUTES 10/10/83 and 10/17/83 Motion by Councilor Cook, seconded by Councilor: Scott to approve. Approved by unanimous vote of ,Council present. 13. RECEIVE AND:FILE: Departmental Monthly Reports q : Motion by Councilor Cook, seconded by Councilor Scott to receive and file. Approved by unanimous vote of Council present. ' 14. ACCEPT AND AUTHORIZE SIGNING BY MAYOR AND CITY'RECORDER: t SubdivisionCompliance Agreements & Performance' Bonds for: Morning Hill II &`III Golf Side Estates Bond Park Sanitary Sewer Easeinent for Bond Park Motion by Councilor Cook, seconded by Councilor Scott to accept and authorizing signing. t Approved by unanimous vote of Council present. o 15. AUTHORIZE PAYMENT - League of Oregon Cities Council discussed City's pro rata share of this state-wide' issue. Motion by Councilor Cook, seconded by Councilor Scott to authorize payment in amount of $150 as City's contribution`. Approved by unanimous vote of Council present. , 16. RESOLUTION NO. 83-102 A RESOLUTION OF THE TIGARD CITY COUNCIL SUPPORTING BARK-WELL PRODUCTS INC. 'S OREGON BUSINESS DEVELOPMENT FUND PROJECT PROPOSAL. Motion by Councilor Cook, seconded by Councilor Scott to approve. e Approved by unanimous vote of Council present. 17. APPROVE FEE WAIVER TEMPORARY USE PERMIT - SWEET ADELINES Motion by Councilor Cook, seconded by Councilor Scott to approve fee waiver. Approved by unanimous vote of Council present. 18. RESOLUTION NO. 83-103 IN THE MATTER OF CREATION OF AN ECON014IC DEVELOPMENT COMMITTEE AND REPEALING RESOLUTION NO, K 83-99, Motion by Councilor Cook, seconded by Councilor Scott to approve. ' Approved by unanimous vote of Council present. PAGE 6 - COUNCIL MINUTES - NOVEMBER 7, 1983 19. APPROVE WAIVER OF PERMIT AND PLAN CHECK FEE - Tigard Sr. High School Motion by Councilor Cook, seconded by Councilor Scott to approve. Approved by unanimous vote of Council present. 20. APPROVE CONSULTING AGREEMENT - COOPERS ASSOC. Motion by Councilor Cook, seconded by Councilor Scott to 'approve. Approved by unanimous vote of Council present. 21. APPROVE CHANGE ORDER #5 - SW 72nd Avenue LID Motion by Councilor Cook, seconded by Councilor Scott to,approve. Discussion followed regarding the final amount owing De Haas & Associates. Staff responded they; will deduct DeHaas sharefrom the next payment request. Approved by unanimous';vote of Council present. 22. RESOLUTInN NO. 83-104 A RESOLUTION OFTHETIGARD 'CITY `COUNCIL APPOINTING AN "ALTERNATE REPRESENTATIVE TO THE COMMUNITY F DEVELOPMENT BLOCK GRANT POLICY ADVISORY BOARD. Motion by Councilor Cook, seconded by Councilor Scott to approve. Discussion by Council members regarding the alternate appointment. Director of Planning and Development stated he and his staff had conflicting evening meetings and could not attend. When the Associate Planner's position is filled in January he anticipated this person would be the alternate representative. Motion approved by unanimous vote of Council present. 23. ACCEPT 72ND AVENUE STREET DEDICATIONS AND AUTHORIZE PAYMENT: ID #40 - Halvorson - $6,174.00 ID #67 Rogers - $12,161.25 Motion by Councilor Cook, seconded by Councilor Scott to approve. Approved by unanimous vote of Council present. 24. SOLID WASTE RATE REPORT Motion by Councilor Cook, seconded by Councilor Scott to approve. Approved by unanimous vote of Council present. 25. NON-AGENDA ITEMS 25.1 Public Hearing on Sales Tax to be held at Town Hall meeting November 21, 1983, Approved by consensus of Council present. PAGE 7 - COUNCIL MINUTES NOVEMBER 7, 1983 i Y 25.2 ENGLEWOOD PARK CLEANUP k t Mayor Bishop complimentedstaff and the neighborhood for the cleanup work accomplished at Englewood Park. 26. ADJOURNMENT: 12:15 A.M. e Z'- City Recorder - City of Ugard � i a p. ( 7 - ATTEST:, 3, a Mayor - City of Tigard (DH:IW/0867A) k x; PANE 8 - COUNCIL MINUTES NOVEMBER 7, 1983 IMM 4 OCTOBER 26, 1983 1 TO: Planning Commission FRO14: Planning Department SUliJECT: CPA -9-83 and ZC 8-83Gallo's Vineyard After staff's analysis of the Planning Commission's Findings : relative to denial of CPA 9-83 and ZC 8-83,' staff concludes' that the findings are inconclusive and the applicant :does meet the locational criteria that 'shall be the determinants of the areas designated for medium density. Staff's conclusion is based upon the 'following facts: A. (3) Areas which are not subject to development limitations such as topography, flooding, poor drainage. Though the neighbors have expressed 'their ,concerns over the poor drainage problem in the the subject 'area, : the . applicant has also expressed his willingness to submit complete and detailed drainage plans for 'approval by the ,City ;Engineering; Division (plans 'showing different '- approaches ' for solving the drainage problem). Staff believes that it was premature to deny ',CPA 9=83 and ZC 8-83 prior to the Engineering Division's review of `these plans. (5) Areas within one half of a mile of'public transporation. There are two bus stops in close proximity, ranging in distance from one mile (at the intersection of 121st Ave. and Scholls Ferry Road) to 1.4 mile (on Walnut St. and 116th Ave.). However, it is important to note that the proposed development is the same in character as its surrounding areas, i.e. , dettached single-family residential development and not apartments or multi-family housing projects which require close proximity to public transportation. B. The following factors will be determinants of density ranges allowed through zoning in the medium density planned area: (1) The density of development in areas historically zoned for medium density development. Policy 6.3.2 (a) allows for a density increase and transition in an area up to 25% over the density shown on the Comprehensive Plan Map for the adjacent established area (within 100 feet of each proprty line). The proposed development would increase density by only 13% over the density in the adjacent area, therefore, it is well within the permitted density transition limits. (2) The topography and natural features oC the area and the degree RL of possible buffering from established low density residential areas. The subject site slopes gently to the south (4%) and it is covered with native grass. Natural features have been discussed before cinder A. 3. a In terms of buffering the development from established low density residential areas, this factor shall not be applied to; this case, 'because the character and nature of proposed development is 'similar to that of its surrounding areas, i.e. , dettached single-family housing. (4) The distance to the public transit. This factor has be discussed under .9.5. (5) the distance to neighborhoodor general commercial centers and office business centers. The subject site is located 'within one mile of a general commercial shopping center :(Greenway Town Center). Further, this factor does not specify the actual distance to a commercial center. HPdmj(0158P) T I G;A R D P L A N N T N G C 0 M hl I S S O N c REGULAR MEETING August 30, 1983 1 President Tepedino called the meeting to order at 7:40 P.M., The meeting was held at Tigard School District - :in the Board Room,, 13137 S.W. %Pacific Hwy., Tigard, Or. 2. ROLL CALL: PRESENT: President Tepedino, Commissioners Moen, Owens, Butler and Fyre. ABSENT: Commissioner-Edin, Christen, Leverett, Vanderwood. STAFF: Director of Planning and Development William A. Manahan; Associate Planner Elizabeth Newton and Assistant Planner Hamid Pishvaie; Secretary Diane M. Jelderks 3 Minutes from August 2, 1983 were considered. Commissioner Moen moved and Commission Owens seconded to approve the minutes as submitted. 4. PLANNINGCOMMISSION COMMUNICATION a President Tepedino welcomed;Milton Fyre, he had been appointed Monday night by City Council to the Planning Commission. 5. PUBLIC HEARINGS 5.1 COMPREHENSIVE PLAN AMENDMENT CPA 8-83 and ZONE CHANGE 11-83 Richard Sturgis - NPO # 1 A requestfora Comprehensive Plan Amendment from medium density to high density and a Zone Change from A-12 to A-40 Multi-Family residential located at 13335 SW Hall Blvd. (Wash. Co. Tax Map 2SI 2DA tax lot 702). a Assistant Planner Pishvaie made staff's recommendation for denial. a NPO COMMENTS - Gareth Ott, representing NPO # 1, stated they did not have a quorum to submit a official recommendation, however, the three members who did review the application opposed the increase in density for the site. ® APPLICANT'S PRESENTATION - Richard Sturgis requested the Planning Commission approve his application citing that the criteria for medium high and high density had been met. He showed pictures of the site. He explained how the site had been approved for a special zone which allowed a multi-unit home for the aged _and how he intended to ,` develop the site. 0 Commissioner Owens noted that the staff report noted that: criteria number six had not been met;, this should be item number seven. Lengthy 'discuss ion followed regarding the criteria being met, s, PUBLIC TESTIMONY F ®' Associate Planner Newton read Mrs. Gloria Johnson's and Commissioner Edin's letters opposing the Comprehensive Plan Amendment and Zone Change. ® Gareth Ott, 9055 _ SW Edgewood, opposed the Comprehensive Plan a Amendment and Zone Change. He showed a copy of the; 1977, NPO:# 1 Plan and the now existing CBD zone. He urged the Planning Commission to support the current =plan, which had 'already been through the r public hearing process, and staff recommendation for denial.- o g Tigard Christian Church, opposed the Rob Blakely, representin application. He was concerned if the density was changed ;that apartments could be built if this applicant dad net develop as he is H proposing. CROSS EXAMINATION AND REBUTTAL ' cv Commissioner Butler stated that he had been a member of NPO # 1, two years ago and they had opposed this application, however, they were overruled by the Planning Commission and City Council at that time. .. ® Discussion followed regarding the history of the application. €: r a Mr. Sturgis stated that he had purchased the property conditioned on the approval of the Comprehensive Plan Amendment, which was t approved. Also, since the property was in the Central Business rp District this application should be allowed. Lengthy discussion followed regarding the CBD and buffering. PUBLIC HEARING CLOSED a Commissioner Moen expressed his concern for the elimination of the i the special district for the aged. He did not support changing the density because anything could go if this project fell through. Commissioner Owens agreed. as Commissioner Butler stated that there had been a lot of time and many individuals who have fought to keep this area at medium density. 0 President Tepedino felt. it was unfortunate that a previously approved F project lost its approval. He felt this was a policy issue and that buffering was important. , 0 Commissioner Fyre dial not support a higher density. This would be a significant change in the Comprehensive Plan and it would be devastating if a three story housing project would be built on this site. PLANNING COMMISSION MINUTES August 302 1983 Page 2 Commissioner Moen was disappointed that they could not limit the site to a senior center development as it so close to the senior center. a Commissioner Moen moved and Commissioner Butler seconded to deny Comprehensive Plan _'Amendment CPA 8-83 and Zone Change 11-83 :per staff's 'findings and recommendations. Motion carried unanimously by Commissionerspresent. 5.2 COMPREHENSIVE PLAN AMENDMENT CPA 14-83 LCDC Goal # 5 A request by the City of Tigard to update the Comprehensive Plan to comply with LCDC Statewide': Planning Goal # 5 to consider an 'analysis of Economic, Social Environmental and Energy (ESEE) factors. r a Associate` Planner Newton reviewed the document. ® Commissioner Owens questioned if Summer Creek near Bull Mountain .was incorrect. Discussion followed regarding location of various sites. PUBLIC HEARING CLOSED Action to be taken after the recess. 5.3 PLANNED DEVELOPMENT ZC PD 29-79 a & b Brittany Square (Winter Lake) NPO # 7. A request;by Century 21 Development Company for a modification of an approved planned development in order to allow five ,(5) foot yard setbacks_ on all lots. Property is locatedeastof ,135th Avenue between Scholls Ferry Road and Walnut St. (Wash. Co. Tax Map 1S1 '33D lot 300 and Tax Map 1S1 33DC lot 100, 300 400 and 500). - .A Associate Planner Newton made staff's recommendation for approval with conditions, o NPO or CCI C0114ENTS - No one appeared to speak. APPLICANT'S PRESENTATION - James Polok, Century 21 Homes stated they would be constructing the same type of units as they have at London Square. The purpose of this application is to correct an oversight PUBLIC TESTIMONY - No one appeared to speak CROSS EXAMINATION AND REBUTTAL 0 Commissioner Owens asked if these would be two story units. Mr. Polok stated they were actually 1 1/2 story. PLANNING COMMISSION DISCUSSION AND ACTION a Commissioner Owens moved and Commissioner Moen seconded to approve, with 'a condition, the applicants "request for modification to an approved planned development in order to allow five foot side yard setbacks on all lots. RECESS 8:55 P.M. RECONVENE 9:06 P.M. PLANNING COMMISSION MINUTES August 30,' 1983 Page 3 a ® Minutes from July 26, 1983 were considered. President Tenedino moved and CommissionerMoen moved for approval of July 26th minutes submitted. Motion carried unanimously by Commissioners present. ' ® Associate Planner Newton suggested' the Commission continue the ESEE until : September 13, 1983, to give staff an opportunity to make corrections. '.0 President :Tepedino moved and Commissioner; Butler seconded to continued Comprehensive Plan Amendment CPA 14-83, LCDC Goal # 5 to September 13, 1983. Motioncarried unanimously by Commissioners present. 5.4 COMPREHENSIVE PLAN AMENDMENT' CPA 9-83 - ZONE CHANGE ZC 8-83 Gallo's Vineyard/Herb Morissette Builders NPO # 7 A remand from City Council to allow for -NPO # 7 input for a Comprehensive Plan Amendment from Low' Density to Medium Density Residential and 'Zone Change from R-7 (Single Family Residential) to R-5 (Single 'Family Residential). a Assistant Planner 'Pishvaie made staff's recommendation for approval. ® NFO COMMENTS - Bob Boberg, representing' NPO 7, oppossed the increase in density. a APPLICANT'S PRESENTATION: Hans J. Vatheuer, Alpha Engineers, commented they had gone before the NPO, that staff had recommended approval and that the Planning Commission had previously approved this application. He requested the Planning Commission again approve the request. PUBLIC TESTIMONY a Leonard Scheckla, 10200 SW Durham Road, supported the Comprehensive Plan Amendment and Zone Change. He also asked the Planning Commission to include his property (Wash. Co. Tax Map 1Sl 34DC lot 2800) with this application. a Theresa Hams-Ciapanno, 11660 SW 113th Place, opposed the application because of the drainage problems in the area. ® Carol Hardie, 11800 SW 113th Place, submitted a letter opposing the application (staff read). She gave additional testimony regarding the drainage problem. She felt increasing the density would only increase the drainage problem. 0 Larry Jensen, 11638 SW 113th, opposed the application because of the drainage problem. He also did not want density increased to allow frontage of property to be 33 feet as surrounding properties frontage average 70 feet. PLANNING COMMISSION MINUTES August 30, 1983 Page 4 CROSS EXAMINATION AND REBUTTAL ® .:Commissioner Owens questionAlpha Engineering how. they would deal with the drainage problem. Mr. vatheuer' said they would be submitting a drainage plan for approval by the city;engineer. b Lengthy discussion followed regarding the drainage problem- which would be created with the increased density. PUBLIC HEARING CLOSED 0 Commissioner Moen commented he had originally favored the change, however, since going ahead with the Comprehensive Plan process he did not favor making-the"change. a Commissioner Fyre< felt the applicant and NPO should work together to come up with an agreement. ® Discussion'followed whether or not the.:.criteria had been met and if they 'should give the applicant back what he had been previously approved. Consensus of the Commission was that the Comprehensive Plan had been adopted and not enough of the 'determinants for 'density ranges had been met. a Commissioner Owens moved and Commissioner Pyre seconded to deny Comprehensive Plan Amendment CPA -9--83 and ZONE CHANGE ZC 8-83 based on policy 12.1.1 b, failure to meet determinants A 3 and 5; and B 1, 2, 4 and 5; and also based on the additional information submitted by the public, the NPO, and the failure to meet the Current "Comprehensive Plan. Motion carried by majority of Commissioner present, President Tepedino voting no. 5.5 ZONE CHANGE ZC 10-83 Boberg/Chapelle/Sorenson/Larson/Sollars/Zimmerman A request for a zone change from R-20 to R-10 for the following properties: 10570, 10600, 10660, 10730, 10750, 10770 and 10800 SW North Dakota (Wash. Co. Tax Map 1S1 34DA, tax lots 2300, 2400, 2500, 2600, 2700, 2800, 3100 and 3200). a Associate Planner Newton made staff's recommendation for approval with conditions. ® NPO COMMENTS Mr. Boberg, representing NPO # 7, supported the Zone Change a APPLICANT'S PRESENTATION: Mr. Boberg, 10660 North Dakota explained the history of the change, explaining how they had acted in haste during the Comprehensive Plan hearing process and were now requesting R-10 zoning instead of the R-20. PUBLIC HEARING CLOSED PLANNING COMMISSION MINUTES August 30, 1983 Page 5 _ CROSS EXA14INATION AND REBUTTAL a Commissioner- Butler ,questioned staff why, they were recommending R-10 instead of R-7; Staff replied they; were only supporting the applicant's request. a Discussion followed regarding the character of the land and the possibility of including lots 2900 and 3000 with this application. ® Assistant Planner Pishvaie "stated that the owner of lots 2900 and 3000 had called staff and had requested not to be included in the zone change. ® Commission Moen moved and Commissioner Owens seconded to approve Zone Change ZC 10-83 from R-20 to R-10 with conditions in the staff report a Motion carried by majority ; of Commissioners present, Commissioner Butler voting no. b. OTHER BUSINESS 0 Distributed summary of the '1983 changes made in the structure of Oregon's land use, process submitted by the City Attorney. `` 7. Meeting Adjourned 10:15 P.M. Diane M. Je de Secretary ATTEST; Fr ncis 3e Te edino, President PLANNING COMMISSION MINUTES AUGUST 30, 1983 Page 6 STAFF REPORT ' ` AGENDAITEM August 1483 - 7:30 P`.M. TIGARD SCHOOL DISTRICT ADMINISTRATION BUILDING BOARD ROOM 13137 S.W. Pacific Highway - Tigard, Or. i A. FINDING;,OF FACT k, 1 General -Information t CASE: CPA 9-83 Gallo''s Vinyard Comprehensive Plan Amendment ZC 8-83 Gallo's Vinyard Zone Change Plan Amendment from Low Density to Medium REQUEST: For a Comprehensive L Density Residential and for _a' zone; change from R-7 (Single Family Residential) to R-5 (Single Family Residential). 3.. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential g, Y ZONING DESIGNATION: R-7 RECOMMENDATION Based on staff's analysis of applicable planning policies, Municipal Code provisions, existing land uses and staff's field investigation, staff recommends approval of the applicant's request for a Comprehensive Plan Amendment from Low Density to t Medium Density. In addition, staff recommends approving the zone change request from R-7 to R-5. APPLICANT: herb Morissette Builders OWNER: Same 7470 S.W. 76th Ave, Portland, Or. 97223 4 LOCATION: S.W. Tigard Street and S.W. 113th St. (Wash. Co. Tax Map 1S1 34DC tax lot 2900). LOT AREA: 3.38 Acres i NPO COMMENT: No written comments had been received from the NPO at the writing of this report. PUBLIC NOTICES MAILED 13 notices were mailed. No written comments had been received at the writing of this report. r { : 2. Backg_ round Director approved a preliminary plat for a On 3une 23, 1978, the Planning On November 13, 1979„ the Tigard 14 .lot -subdivision with conditions. plat approval, ; Council approved a= Comprehensive Plan Planning Commission '.granted an extension of the preliminary P PP the On 'April 27, 1981, the Tigard City Y On May 9, 1983, Revision from R-7 to R-5 ,for the subject pr y the Ma designating the property Tigard City Council : adopted the Comprehensive Pian Map designating `! Council approved a street vacation on property law density and the Interim Zoning P R-7. On August 8, 1983, the City 113th Ave. A realignment of SW 113th will be dedicated when the final plat is 'recorded. - 3, Vicine formation land uses are as follows: 7 The surrounding k, ti 111e land to the north is designated low density, zoned R-7 and developed as large lot single family residences. site developed as a single The property west of the sfamily subdivision at R-7 densities. To the south of the site is' a single family residence on 5 acres. A t T year floodplain. �- portion of that land lies within the y t The land east of .the site is vacant and is owned by the Tigard School � District. i 4. Site information The site is vacant, slopes 4% to the south and is covered with native e brush and grasses. B. APPLICABLE COMPREHENSIVE PLANNING POLICIES: 1. Comprehensive Plan Policies. } 2.1.1 THE CIT? SHALL MAINTAIN AN ONGOING BE CITIZEN PROVIDEll INVOLVEMENT OPPORTUNITY { AND SHALL ASSURE THAT CI TO BE INVOLVED IN ALL PHASES OF THE PLANNING PROCESS. Notices were sent to all property owners within 250 feet of this published in the Tigard Time on application. A notice was August 12, 1983. In addition, NPO #t 7 has been notified of this application. LAND ATION ON 2.1.3 THE CITY SHALING L ENSURE rNDERSTAHAT NDABLE FORM FOR ALL EINTERESTED ISSUES IS AVAILABLE, IN AAI CITIZENS. STAFF REPORT CPA 9--83/ZC 8-83/S 7-83 - Page 2 All interested parties are given, at a minimum, 10 days to respond in writing to the application and request under consideration and are encouraged to do so. the planning staff is available to address any specific questions concerning the application or the application; process. 6.1.1 THE CITY SHALL. PROVIDE AN OPPORTUNITY FOR DIVERSITYOF HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICE AND RENT LEVELS. 6.3.1 THE CITY SHALL DIRECT ITS LAND USE ACTIONS TOWARD THE MAINTENANCEANDIMPROVEMENT OF ESTABLISHED RESIDENTIAL AREAS BY: a. DESIGNATING ON THE COMPREHENSIVE PLAN FUTURE LAND USE MAP THE "ESTABLISHED AREAS" COMMITTED TO RESIDENTIAL DEVELOPMENT WITHIN THE PLANNING AREA. WITHIN THE "ESTABLISHED :AREAS" NEW DEVELOPMENT WILL BE OF THE SAME TYPE AND DENSITY :IN ORDER TO PROTECT THE CHARACTER OF EXISTING NEIGHBORHOODS. 6.3.2 IN THE TIGARD COMMUNITY DEVELOPMENT CODE THE CITY SHALL REQUIRE A`DENSITY TRANSITIONWHEREBYINCREASED RESIDENTIAL DENSITIES ARE ADJACENT TO ESTABLISHED AREAS IN THE FOLLOWING MANNER: a THE DENSITY WITHIN 100 FEET OF EACH 'PROPERTY LINE SHALL NOT EXCEED 25% OVER THE DENSITY SHOWN ON THE COMPREHENSIVE PLAN FOR THE ADJACENT LAND UNLESS 'THERE IS AN INTERVENING ROAD (MAJOR' COLLECTOR OR ARTERIAL) IN WHICH CASE THIS PROVISION SHALL NOT APPLY. b. WHERE THE PROPOSED DEVELOPMENT ABUTS AN EXISTING HOUSING DEVELOPMENT, THE HOUSING TYPES SHALL BE COMPATIBLE. FOR EXAMPLE: 1. TWO HOUSING UNITS WHICH ARE ATTACHED ARE CONSIDERED COMPATIBLE WITH A DETACHED SINGLE FAMILY UNIT; BUT 2. MORE THAN TWO HOUSING UNITS WHICH ARE ATTACHED ARE NOT CONSIDERED COMPATIBLE WITH A SINGLE FAMILY DETACHED UNIT. 6.3.3 IN ALL PHASES OF THE DEVELOPMENT APPROVAL PROCESS IN A RESIDENTIAL "ESTABLISHED AREA", A PRIMARY CONSIDERATION OF THE CITY SHALL BE TO PRESERVE AND ENHANCE THE CHARACTER OF THE ADJACENT ESTABLISHED AREAS. The site is within an established area and abuts single family homes. The applicant is proposing to construct single family homes which will be of the same housing type as the homes to the west. The applicant is proposing to construct 9 single family homes within 100 feet of the 8 existing single family homes, l only as 13% increase in density. STAFF REPORT CPA 9-83/7C 8-83/S 7-83 - Page 3 12;1.i THE CITY SHALL PROVIDE FOR HOUSING DENSITIES IN ACCORDANCE WITH: a. THE APPLICABLE PLAN POLICIES. b. THE APPLICABLE LOCATIONAL CRITERIA. C. :.. THE.APPLICABLE CoetMUNITTY DEVELOPMENT CODE PROVISIONS. E All applicable plan policies, locational criterias and Tigard MunicipalCode_ provisions have been considered in review of this application. The locational criteria to be considered in determining a change to medium density are as follows: a 2. Medium Density Residential' A A. The following 'factors will be determinants of the areas h designated for medium` density on the plan map: J (1) ' Areas which are not committed to low density F development. (2) ' Areas which have direct ;access from collector or arterial streets. . 1(3)` Areas which are not subject' to development limitations such as topography, flooding, poor drainage, t (4) Areas where the existing facilities have the capacity g for additional development. (5) Areas within one half of a mile of public , transportation. i (6) Areas which car. be buffered from low density residential areas in order to maximize the privacy of e" established low density residential areas. ^ { B. The following factors will be determinants of density ranges allowed through zoning in the medium density planned area )` (1) The density of development in areas historically zoned for medium density development. (2) The topography and natural features of the areas and the degree of possible buffering from established low density residential areas. (3) The capacity of the services. ' (4) The distance to the public transit. STAFF REPORT CPA 9-83/ZC 8-83/ S 7-83 - Page 4 (5) The distance to neighborhood or general commercial - centers,and office business centers. (6) The distance from public open space. The property has access to a collector street. There are no development limitations on the property. Public facilities to the site are more than adequate to serve the; applicant's proposed development. There is public transit on SW Walnut, SW 121st and SW rty east o Greenburg Road. The Tigard School District owns the propee the site which is presently vacant but isites a potential school which,will provide additional open space and recreation. 2. TICARD MUNICIPAL CODE PROVISIONS: All of the requirements and provisions in the Tigard Municipal Code have been considered in review of this application. C. CONCLUSIONS Staff finds that the proposed Comprehensive Plan Amendment and Zone Change conform to the 'applicalbe Planning Policies. D. RECOMMENDATION Staff recommends approval of the Comprehensive Plan Amendment (CPA 9-83) and Zone Change' (ZC 8-83) request as 'proposed by the applicant. Further, staff recommends that applicant's Subdivision request to be remanded to the NPO # 7 for their input and be heard again by the Planning Commission at a later date. In addition staff recommends that the Planning Commission modify the above application to consider a Comprehensive Plan Amendment and Zone Change on Leonard Scheckla's property (Wash. Co. Tax Map 1S1 34DC lot 2800) RECOMMENDED MOTION: Should the Planning Commission decide to approve the request as presented, _ the following motion may be made: "'Move to forward recommendation of approval to the City Council fo royal Comprehensive Plan Amendment ,from low density to medium density, app of the Zone Change to become effective upon Council approval of the Comprehensive Plan Amendment . 5� PREPARED BY: S. Ham' tishvaie ZAPOV4EDBY: William A. Monahan Assistant Planner Director of Planning and Development NOTE: Should the Planning commission pass a motion other than that recommended by the staff, findings shall be adopted with the motion. STAFF REPORT CPA 9-8 3/ZC 8-83/S 7-83 Page 5 I E �aLth Realtors Group .3 COt' -N AMENDMENT rCOMPREHENSIVE CPA 7-83 Comoro;. I i Inc. NPO # 5 } This item was set over to afford the applicant time to' meet with the NPO !I S and 6 on July 20, 1983. $.4 ZC 8-83 COMPREHENSIVE PLAN AMENDMENT CPA 9-�.3 ZONE CHANGE Vinyard/HeMorissette Builders SUBDIVISION S 7-83 Gallo's NPO ' 7 re ty to A request for a Comprehensive ' Plan Amendment 'from Low D1esLFamily j Medium Density Residential and Zone change from R-7 (Sing Residential) to R-5 (Single Family Residential}. Also approval lots 22', ,000 lot Single ,Family Residential Tiga rd St. sand S W.ion for 511 thsSt. (Wash. on 3.38 acres. Located: SW Tig Co. Tax Map 1SI 34DC lot 2900). ! oval. o Associate Planner Newton made staff's recommendation for app r Alpha Engineers, 1750 S.W. Skyline, representing 6:. Hans J. Vatheuei, questions. the applicant stated he was available answer any PUBLIC TESTIMONY o No one appeared to speak.' ' s. COMMISSION DISCUSSION AND ACTION pedino questioned the condition of �W Tigard St; o President Te tan stated the Associate Planner Newthe condition scheduled 113thrand ( overlay. Discussion followed regarding (� SW W Tigard iS Sr t. �. Owens questioned 'why there were survey 'conditi� ns onthe o e staff report; Associate Planner Newton explained this was being at the request of the Public Works Director. o Commissioner Butler questioned why there was no SchoolImpact ._rs';2°�' - with the subdivision; Associate Planner stated there was one in the file and unless the Planning Commission requested a copy was not normally given to the Commissioners. econunend o Commissioner Moen moved and CommComprehensner 0i e sPla�seconded Amendment rCPA 9-83 approval to the City Councilper staff's and approve Zone Change ZC 8-83 and Subdivision 5-7-83 p the recommendation and conditions. Also, correct the spelling of word "there" to "their" in the survey conditions. I<otion carried unanimously by Commissioners present. e h C: a 1 r }} 3 I $ (C-S Na 3090) R 14 -504 G- o �)n w (C-S. No.,6747) o o 5t6 Ac. I YI. a L n g , 31 a.? _ 344^tY, se 9a a Cr S1` w 1510,00 y. s ' d (C.S. No.5301) 600 1 s r /.OSAc. I N a g o 78 � � t R _ f, ccs. No. 6747] _ N (C.S. No. 5305) o ' • 260.90 : i 89° 78.9O i i 09° SI'E '190.90 ♦ : 91!.56 EASY :. (C.S. No. 13.079) Tk `♦ Co. Rd. No. Qi6 ' ° S 89°4$45 E 232:04. _.N , .••. •. :� . tr3�® 9304 flfl99 " st'eSw c -10 S 89° 45 3/4' E �n'v3 4800 So 4900 2900 r o 1 07 28000 2e4e._ 3000 1 , 17 0: ., i( zo 90 g /6.53Ac. 8 s6 _ 3 c ' MAIM 103 _ ! 26 (— �� e9°58 41-IE t .1 � J f 00 4700 . m _ 4909 'P 2 . Q , v LZ- 111.13 ti52 125.30 1 � SCHOOL Or5'�1CT y' 46503742"''7 5000 uj A R 3 m 25 :a L,) 118.03 5•78 4500 5100 P R 4 24 (� 20 5200 4400 23 8 5 120 ° u9.o3� 5300 I 4300 22 a.3a rt®.03 �. 5400 l � n s® e 4200 21 . 7 a , rm d( _ 5500 a 4100 m 20 ; t�1sL t 1 8 RA 120 --- INITIEL POINT ...:.:r•: OAWN'$ INLET r— • 5500 78 n 2®!2 August 30, 1983 Transcript of Assistant Planner Pishvaie presentation to Planning, Commission. liamid Pishvaie: ibis applicationis for Herb Morissette and he his requesting a Comprehensive Plan Amendment from Low Density to Medium Density Residential and a Zone Change from R-7 to R-5. After staff's analysis of the planning policies and location criteria, Engineering Division's review of the proposal, availability and adequacy of public services to the site, staff believes that the proposed density transition from R-7 to R-5 is appropriate for this site and staff recommends approval'of the request. r WS MM 0=90F. GENERAL At'PLICA,rION FM I — PAGE 5 CASE No. C �� CITY OF TIGAI2U, 12755 SW Ash , F'0 Boy. L �ard ,_,Oregon 87223 - -(503)639-4171 THE FOLLOWINGPEOPLE, AS REQUESTED 15Y TifE APPLICANT, SHALL BE NOTIFIED OF EACH HEARING. (e.g. Attorney, Surveyor , Engineer) Staff Novice Notice Report Decision of Review' Name Alpha Engineering, Inc. Street 1750 SW Skyline Blvd. , Suite 19 X X X X city Portland State Qg Zip 97221 Name Street City State Zip Name Street City State Zip Nance Street city State Zip (' 'PLICA Herb orissette Builders' Inc. X X OWt3ER Herb Morissette Builders, Inc. rl y 70 October 27, 1983 i 'k s Re: Gallo's Vineyard/Herb Morissette Builders Comprehensive Plan Amendment CPA 9-83 Zone Change ZC 8-83 - NPO #7 Appeal of Planning Commission's Denial ¢ The Tigard 'City Council at their meeting of November 7: .19831 at 7:30 P.M., at Fowler JuniorHigh 'School`Lecture Room, 10365 S.W. Walnut Street, Tigard, Oregon, will consider the above item. ° Enclosed for your review and study is a copy of the transcript of the Planning Commission meeting minutes of 8/30/83. K Sincerely, J Doris Hartig City Recorder V ol WNI r { tt �4 GENERAL APPLICATION FLA - PACE 5 CASE No. CITY OF TIGARD, 12755 SW Ash,,PO Box 23397 Tigard', Oregon 97223 - (503)639-4171 THE FOLLOWING PEOPLE, AS REQUESTED BY THE APPLICANT,'SHALL BE NOTIFIED OF EACH HEARING. (e.g. Attorney, Surveyor, Engineer)- Staff Notice Notice Report Decision of Review NameMackenzelSaito & Associates, P.C, !Lans Stout) Stree t' 0690'S.W. _Bancroft Street X X X X C1� Portland State ZiP 3.2201 Nam Terry Hauck, Attorney Street 1100 S.W. 6th Avenue Cit y Portland, State OR Zip 97204 X X X X Name Street city State Zi Name Street city State Zi APPLICANT PCM Associates Mike McKenna PO Box 4162 Portland Ore. 97203 X X X X OWNER I k ! J /Y October 27, 1983' Re: Comprehensive Plan 'Amendment CPA 12-83 Zone Change ZC 9/83 PCM Assoc. - Portland Chain Appeal of PlanningCommission's Denial The Tigard City Council at their meeting of November 7,1983, at 7:30 P.M. , at Fowler Junior High School;Lecture Room, 10865 S.W. Walnut Street, Tigard, Oregon, will consider the above item. Enclosed for your review and study is a copy of the transcript of the Planning Commission meeting minutes of 9/13/83. Sincerely, ` I Doris Hartig City Recorder -9 - w a MEMORANDUM To: City Council 10/25/83 From: City Recorder + Re.. Gallo's Vineyard/Herb Morissette Builders Comprehensive Plan Amendment CPA 9-83 Zone Change ZC 8-83 - NPO #7 Appeal of Planning Commission's Denial The above item is scheduled for a public hearing on November 7,' 1983 Enclosed for your review and study is a copy of the transcript of Planning Commissionmeeting minutes of 8/30/83. APPEAL - GALLO'S VINEYARD CPA-3-83 -Page 1 of 0_' NEWTON: This is a request for ComprehensivePlan Amendment, and zone change and approval of 22 single-family subdivision, whichwouldbe single family residences. The property is located at S.W. Tigard at 113th Avenue. A couple of points about the subdivision. It has been approved`before with an R-5 designation. The applicant intends to construct the same subdivision that was approved the R-5 designation. However, since low density on the plan map no longer include R-5, R-5 -is now medium density, the applicant is now requesting a Comprehensive Plan Amendment and a zone change to bring the property so he can develop the subdivision which was approved a couple of years ago on the property. ' A couple of reasons that he hasn't developed: 1) the market and 2) he 'proposes to vacant S.W. 113th and rededicate a ,realignment to make ' the property more useable. You can see it on the plat. Right now S. W. 113th is a very 'narrow gravel road which goes down and serves as access to the property to the south. He intends to realign it and connect it up with the existing drive to the property;to the south. The staff is recommending approval of this based on the applicable policies subdivision,' ordinance requirements'and locational criteria. If you have any questions about this I can answer them. CHAIRMAN: Any NPO or CCI report? May I have the applicant's report please. MORISSETTE: I've gone through the staff report, and I have no problems with g it. I think everything is covered quite well'-including -the history of this,, so I am just here to answer questions at this time. CHAIRMAN: Any other party wish to speak in favor of this proposal or against? Cross-examination or rebuttal. The only question I would have to staff is that Tigard St. is in a terrible state of dis-repair. Have you looked at that in your suggestion that we approve this? NEWTON: Improvements would be made to Tigard. Also the survey crew chief has informed me that Tigard St. is getting an overlay in the fall. CHAIRMAN: All of Tigard St.?, NEWTON: Yes, they're working on getting it in our jurisdiction, and I understand from Randy XLAW(?) Survey Chief that they Have shot the street, done a survey on it and that it's up for overlay this fall. Now that isn't going to include major improvements, but at least the surface will be better. ?? 113th, is that the one being vacated? As a fully improved street? $ NEWTON: Then being rededicated. That will be improved to local street standards and to the end of the property and then of course Mr. drive. ?? Are they going to make some sort of a circle or put a cul-de-sac in for say fire protection. NEWTON: What they're going to do is make a cul.-de-sac or a hammerhead at the end with provision for Mr. to use the edge of the cul-de-sac so there will be a driveway cut for him. ?? How far is this distance from here to there, over 200 feet, right? NEWTON: Yes, it's been approved by the fire department. n APPEAL - GALLO'S VINEYARD CPA 7-83 Page 2 of !{ ?? It has? NEWTON: Because they intend that this street will go through. St�CB*,t1iy do not want -people to go down here. If they continue they'l .e Mr. is driveway basically and have trouble turning around. -So what it would be is a temporary ?? Is that in the flood plain of this property? NEWTON: Mr. is property.has a flood plain in it, not this site though. ?� One quick question. It says "Sidewalks will be located adjacent to curbs." MO That means without an � NEWTON: That means without a strip. Their public improvement plans had a grass strip between. ' CRAIP14AN: Any other questions? ?? Yes, I would like to know what were the particular reasons for including the survey conditions in this? NEWTON: Mr. the Survey Crew Chief is going start requiring survey conditions on most subdivisions and minor land partitions, because they're trying to get the whole city surveyed on a grid. If he can require on subdivisions ;he tie it to the grid, so you are going to be seeing these on subdivisions in the future. CHAIRMAN: Any other questions? ?? Is this the report now? Once it's approved it'll be into action, right? NEWTON: The Comprehensive Plan Amendment and zone change will have to go to Council that has been approved of course. Where in the process do we get the school report, would that be after this one? - NEWTON: It was submitted. You didn't get a copy of it. `3 I If it's negative you would be sure to include it. ? 1�� We were going to change it so we'd be more in touch. Usually they were rubber-stamped, and you were starting to suspect that they were 0�;, even looking at them. �? Is it easier to include them or is it easier to include them in your report? NEWTON: We can include thein, because today we established a new procedure. ?? Why I asked was that last summer we were hearing how packed the schools \C � were and kids were being transferred all around, and now all of a sudden we've got subdivisions all over and we don't hear anything about it. APPEAL - GALLO'S VINEYARD CPA 9-83 Rageof CHAIRMAN: Close of public hearing. Commissioner Moen. t MOEN: I think I remember hearing this before; and if my recollection .`is right if this is .bascially the same development we saw before I think the use is appropriate, the 'density is appropriate, and for those reasons, not to cut things too short here, I'd like to make motion that we recommend approval of CPA 9-83 to the Council, and Item 2 that we approve Zone Change 8-83 and that we approve the S-83 subdivisionwith the further staff;findings and with the recommended conditions, including a spelling correction on survey conditions, item 3 I believ that should read their CHAIRMAN: Motion made. Seconded. Further discussion? All those in favor of the motion as made signify by saying Aye. Those opposed? Motion carries unanimously. Next item 5.5. May I have the staff report. 4, APPEAL - GALLO'Sc'VINEYARD CPA 9-83 Page 1 of 9 (meeting of 8-30-83) { CHAIRMAN: We'll move now to Item 5.4. May I have the staff report and recommendation please. PISHVAIE: (sorry, couldn't understand any of it) CHAIRMAN: Thank you staff requesting approval of the applicant's request for the Comprehensive Plan 'Amendment and also the zone change from R-7 to R-5. NPO or CCI input on this issue? BOBERG: I'm Richard Boberg, representing NPO 7. You're going to hear from homeowners adjacent to this dealing with a lot of standing water on this land we're talking about. I don't care to address this issue. I think they are going to cover it very well. What I wish to talk 'about is the Development Code vs. the staff 'report on this issue. There is not adquate access to transit or shopping for; a medium density dwelling. Tigard St. is a minor collector, and in one that you're going to hear later in this it says that low density residential policies include the;following: areas 'where street facilities are limited to collectors and local streets. There's some kind of a division between this report that I' have on N. Dakota, and the one that staff has written on Tigard St. where they: say a multiple can go on a minor collector, and on this one it says it shouldn't, so I question that very much. Also, we were shown a plan for this 22 units. Inside the zone that they are asking for the average lot with 50 feet is required, and they are showing lots in here with 34 feet. There's no way that they can get 22 - lots in there and stay to average lot width of 50. What we're doing, if we give them a zone change to 5 is that we're opening the door for them to go into medium density in an area where the Comp Plan has been decided low density. The entire area around there is low density, NPO 7 has consistently opposed any changing of zoning from low density to medium density. We feel it is inappropriate in this area. In addition to this, it says something about approving the 22-unit site plan. Thdt was never the intent of NPO. All we had was just the request for zone change, so I don't believe it is proper for this body to even discuss the 22 unit development. Thank you. CHAIRMAN: CCI report? May I have the applicant's presentation. VATHEUER: My name is Hans Vatheuer. I'm with Alpha Engineering, representing Morissette. Liz, I wonder if you could clarify the position that you're taking on the zone change. NEWTON: Tonight we are asking the staff and Commission to consider the Comprehensive Plan Amendment and the zone change. We would, should the Commission approve it, like to ask that they remand the subdivision to NPO 7 for their input. CHAIRMAN: Did the NPO understand that? BOBERG: No. CHAIRMAN: Did you understand what she just said now? BOBERG: Yes. APPEAL - GALLO'S VINEYARD CPA 9-83 Page 2 of 9 VATHEUER: As you probably all realize I was here July 19, and this proposal was approved by you, that is, the play, amendment, the zone change and also the subdivision, and subsequently we went to the City Council, and it became apparent that the NPO had not been notified. - I believe that all other notification was correct, ,talking to the staff, so that was the only improper notification, and I did go back to the NPO and -am really here wanting ,to answer questions, if you have any, and also to answer any questions that the opposition may have. CHAIRMAN: So, you're in favor of the staff report? VATHEUER: Yes, totally. I 'think it is just like last time. CHAIRMAN: Any parties wishing to speak in favor of the proposal? SCHECKLA: My name is Leonard Scheckla. I live at 10200 SW Durham Road, and I've got a piece of,property that's 'right up in the corner on Tigard:Avenue Tax Lot 2800. 1 am in favor of this zone change, and I also wanted to`request. a zone change on my piece of property to be put in with Morissette property at the same zone change,; and I wanted to request for the fees to"be waived. NEWTON: You could modify the application to include this property, and we have suggested that you do that. You'll see under recommendation. CHAIRMAN: Any other parties wishing to speak in favor of this proposal? ., Parties to speak against: the proposal. I'have a list of people. 4 Theresa Hams-Ciapanno. AJ HAMS: I'm The esa Hams-Ciapanno. We live at 11660 SW 113th. I live in �. Nutley's Addition which this other property is right behind, Lot 25, = so we're high up. What we're concerned about is that we have a drainage problem, just like everyone else lower in the street, plus our property sits higher than the Gallo property, and every winter our flower beds in the back yard get washed down, and our dirt and everything goes down to the neighbors, gets stuck on the fence, and we get water underneath our house about 6 months during the rain. It comes up clear high to our ducts so the insulation starts to get wet, so we have to dig a ditch on the opposite side of our house so it drains out. CHAIRMAN: So you're suggesting that the site is flooded? � HAMS: If we're sitting so high and this property is lower, we all have that drain problem, and what's going to happen to these people that build over here. We're also concerned that if this does go in is it going to affect our drainage problem at all. We have a bad problem already, we don't need it any worse. A house went in right above us, and we were concerned about what that would do. I have called up and talked to someone about that and he said, "Oh your drainage will get better." It's ' still the same. You walk out in the backyard during the winter months, and you just smash down in the grass, there is so much water. It doesn't have anywhere to go but downhill even though it sticks under our house, so it is just a bad problem and should be taken`into , consideration. Thank you. CHAIRMAN: Carol Hardie. NEWTON: Stie's asked me to read tier letter first. "Tigard Planners: Since I MEN APPEAL - GALLO'S VINEYARD CPA 9-83 Page 3 of 9 am unable to attend tonight's meeting, I will -voice'my concerns' regarding Morisette's zoning plan change A couple z of years ago Mr. >Morissette attempted to build' on' the property in question, and I:wrote you in detail then regarding_my concerns as to the drainage in our area. My property Lot 19, backs directly on the lowest area of the proposed site. Water stands on the property behind our'home:practically. year-round. The drainage on our property is terrible. Wehaveapproximately 3-6 inches of water tinder our house year-round,' in spite of the drainage pile system installed in our backyard.= Our 'property is approximately 2 ft. higher than the property Mr. Morissette (line left off letter). It is my understanding that houses should not be built in the swampland on fill. How'does:Mr. Morissette plan to solve this';problem? More to the point, ,how does he plan to build on this small a property without making our drainage problems even worse. When this discussion was last held, it was my,understanding that the Planning Commission voted that the drainage situation would have to be solved before the Plan would be approved. I hope this is still the case. We attempted to solve our drainage problems for the 'past 6 years unsuccessfully. I hope Mr. Morissette will be more successful in addressing the drainage in the proposed development than he was in ours. Please contact me r t if you have any questions. Sincerely Carol Hardie. ' Qti {. . I had just a couple points that I wanted, to add to that letter also. The reason we really,found out we had a bad drainage problem under our house was that we had to have some work done on our 'furnace, and Mr. Morissette's;representati.ve came out to work on the furnace and found ,at that time that the water.was so bad they had to bring in sump pumps to pump it because they could not get under the house to work on the furnace. After that day Mrs. Morissette called "me and said, "I'm sorry, we'll fix it this time but in the future it's your responsibility." So we have been working for the past six years trying to solve this problem. We had a friend of ours, an engineer, come in, lay out for us a drainage system as best he could that would try and alleviate the problem, and ,the water in our house last year was 3 inches deep. Before that it had been up to 6 inches deep or deeper. We have standing water in our back yard all winter long. Our grass is practically under water. We have one whole area of our backyard that simply "rots because nothing will grow there because the land is so low. Our land is 2-3 ft, higher than the land directly behind us. Our fence keeps falling over because our land is so wet and soggy. Our fence is now tied up with stakes because we've had posts sunk in 4 ft. of concrete that won't hold them up. I hope that you will seriously consider this drainage problem. I'm really concerned that if more property is put in there and that property is filled or in any other way brought up to where it could be built on it is going to make our drainage problems even worse than they are right now. CHAIRMAN: Mr. Jensen. JENSEN: My name is Larry Jensen. I live at 11658 SW 113th Pl. I have lived in the area since 1945 (change of tape) .' We are high up on 113th. Our neighbor across the street from us has had his furnace put out by standing water under his house. Secondly, our area has 70 ft. frontage lots. Some of these proposed sites have as little as 33 ft. frontages I don't think the two areas are contiguous one to the other. What kind of a house would you put on a 33 ft. frontage single family dwelling? APPEAL - GALLO'S VINEYARD CPA 9-83 Page 4 o 9 I think I would speak for most of the rest of the people in the area i who do not want to see the zone change. CHAIRMAN: Are there any others in opposition? Now is the time for cross- examination and rebuttal. OWENS: How are you going to deal with this water problem? VATHEUER: In April of 1981 we had an R-5 approved, and we did some plans. This is the proposed subdivision, this is drainage here, this is the manhole and a`12 inch line. We plan to run this down the existing right-of-way and then as far as lots down here, it's rabout 1/2% slope down to here, so we plan to take some off hereto fill this in somewhat to build the loss up and give proper drainage into the drainage;system here. If you'd like to'look'at a profile of what it looks like, I have 3. profiles here of how the land. Here's aprofile so you can see down here is the existing 12 inch "line. You can see that it starts up here and drops. , The lower portion is very flat. `It's about 1/2% right now. d?? You say you're going to fill some of the ;lower lots to allow those lots to drain properly into your storm sewers. VATHEUER: The street will be lower than the lots to give drainage for the crawl space. How is that going to affect the property on the adjacent property-- ou) help their problem, hinder it or VATHEUER: I believe these lots are, as some of the people indicated in the existing subdivision, Nutleys, are 2-3 feet higher down below, so quite d a bit of fill was put in there. I don't believe that we need to put in that much fill if we have proper lot grading towards the street and provide for crawl space drainage. d �VJ�??S When you get done filling in your corresponding lot down in the lowest_ section of Nutleys, what kind of effect do see having on the lower lot. VATHEUER: It would be pretty well neutral. One thing we could do and we may need to do if we can't get the proper lot grading would be to put up a perimeter drain between the proposed subdivision and Nutleys, which would be fairly simple to do now, and other people could tie into that. If we can't build our lots up enough to get good for front, we'll do the same in the back and run another drain line in the back and it could be sized adequately to handle adjoining property. t tiffs p' ?? Would the amount of fill that you need for the back of the proposed area make the elevation higher than say, Lot 19? VATHEUER: No, I don't believe so from what I hear. I believe their lot is 2--3 ft. higher than where we are. If ours were higher for sure we would have to put a drain in to make sure no water would go onto that lot, because that would alter the natural drainage if we dumped off of those lots. We'd certainly catch it before it gets there. APPEAL - GALLO'S VINEYARD CPA 9-83 Page 5 of 9 1 Seri o Et ?? Has the City Engineer looked at these plans? Does he know the situation? ?? I would question at this point that ;the remain for the N"" subdivision itself. (inaudible) ?? ,VV It seems to me the main things to consider are the density issue and that's it for now.: ?? OThe say that we shouldn't be blind to the burden that we carry for the health, safety and welfare of the population, but on the other hand this is-a zone change item, ,and nothing the Planning Commission can do ??.,�`-I think those issues should be noted at this point and brought up at that time, because I think that is very 'germaine to the final development of that property when the subdivision comes through at that point. Hopefully the situation can be fixed. CHAIRMAN Any other questions on cross-examine before I close the hearing? 2 ?? Are there unusual circumstances that underly the need for the zone change? Why are;you asking for it? VATHEUER: In 1981 we came in for both the subdivision approval and also -Plan Amendment to an R-5.3ecause of economic reasons,we didn't go ahead with it. In those days an R-5 was allowed in a low density, and 'M now it is not and that's why;the Plan Amendment CHAIRMAN: Any other questions? tiny What we've been discussing back here just a little bit was the drainage issue really needs to be considered, but I'd like to know where the developer really plans to go with this thing when the plan he's shown us shows these very narrow lots that don't even come close to meeting minimum lot width. What we're doing, in effect, if we give him the zone change, is let him go into medium density without knowing what he -really wants to put on there cause there is no way that this plan could be put in. I just can't- see this body or council letting him have 33 or. 34 foot lots on there. CHAIRMAN: Staff, do you have a comment? NEWTON: First of all, there is no minimum lot width. Under the proposal, the development proposal., there is. It would be 50 feet. Second thing is the engineer has told myself and other planners that they intend to modify the plans and draw up fewer lots. We haven't seen that, so I don't know But isthat your for the zone change? NEWTON: Not particularly inaudible T? I I f we would decide to approve this request tonight, it certainly does /V_t111�1 ~.. not close the door to .those kinds of concerns that you're raising that they would have to be dealt with, but in the next step of the hearing. s OR W111 U APPEAL - GALLO'S 'VINEYARD CPA 9-83 Page 6 of 9 So our approving it, if we do that, doesn't mean that whathe's shown. s you is what would happen. ?? Our question is just to point out that he submitted as evidence a �p11� 1 suggested development for this that cannot possibly fit the piece of property, so really that shouldn't be considered at. all. You shouldn't even look at it because it can't be on that property. And that opens the door then, if we go multiple into medium density; we've gone over the step into an area that was low'density and then he can have outright permitted use of other 'things more dense this, and do a lot of density transfer and get a lot of houses really tight together up at the top of it and 'leave the wetland at the bottom, and I'm not sure that that would fit, so we're going to allow him to go down a path that will eventually end up in a dead-end, and I'm not sure that that's good. NEWTON: What the applicant is asking for is R-5. That's approximately 7 units per acre, and underthecurrent Code, single family or single family attached duplex style would be allowed. The duplexes would have to be approved under the conditional use. Under the new code you car. have attached units as well in there and they are permitted to be R-5. However, unless lie gets a zone change, he couldn't go any more dense than R-5. He'd have to do , 7 units ,per acre if he could do that without'a zone change. I might suggest you could as a body, apply;the PD destination if he felt that was apppropriate for the R-5. And again, as Commissioner Owens pointed out (inaudible) CHAIRMAN: Close public hearing on this issue. Commissioner Moen? MOEN: When I first heard this I was a little sympathetic to the point that we'd been through this once before, however I've had my thinking rearranged a little this evening. It seems to me inappropriate that we make a decision based on the fact that irrespective of what happened in the past, we are going forward with the Comprehensive Plan. Somebody fell through the cracks unless there's some overriding reason for change, we should continue on with the Plan. The Plan has gone through the whole process, and the applicant had the opportunity to put his 2e in. This area has been designated low density or resiential, and what we want to do now is come back and change it. Every time I see low density residential on the map the first thing we see going through is, let's change it to R-5. Then when we get it to R-5, and I think what NPO was saying, and even though we don't develop it for a few years, but now the Comp Plan has changed to medium density, it's sitting at R-5 and next time it's going to be a little bit nicer. We decided when we went through the whole plan with the infield input and everything else, and we decided it should be R-7. I'm not sure we should be changing it. FYRE: I agree among the thoughts that were just said. To me it seems like a speical piece of ground and perhaps the back end need not be developed. Maybe you could get a little higher density closer to the q road if the backend was left untouched. I suggest you work closely with the NPO and come up with a suitable plan as a suggestion. I agree with the commissioner as far as the density issue goes. Earlier tonight we had a similar situation. We can't go back and undo everything that the plan did. , 't f. gg F THIS ITEM WILL BE PRESENTED AT THE COUNCIL MEETING a r R 4+ M \� b71 W r�rl W ri W r�W rI r11 W.r•� ra 4 W H W WI n u3 a` Go6 co cn W Wr Wrrrrrrl If 14 r rr r WI. Nb rrao 01 G OQ V�1 d0 b T W r r W W WI It H r r r W rl .O r W o0 'O OQ � N $ O.® W r W r Wrrr rl 00.00 rar 104 r4 WI Nb W r� a1 9A W aR WNrrrwrr .•�I ODD co t a coco Q � r UR 001 r r r W rl Nca U of u W O � U 0) Sve VI N N Vr UI N N N N N N N rl N N r Q N N A� we O O of entx tail r+r r.•! rl N �. r H 4 H+ 4 r rl �m /�4 4r O _ r G vi00 coi Q rrr�rrr r1 00 w rr�r� r I N� 4 1 C � r. .1 rl m� rr r I cqo^> � � d ql _ a � m•o U M N 00 0 00 go qj P tS°+ r C7, N m b r In 4y y v m 4 r V M m M M M M M Cl M M W N N N N N N M N W :s G 'Q ro x90•.coQo0000000000 w r$ ao0ocoaon0wmro .e+oa v r 42w F rNOUb M`B BOO d.� N1 +tw ta�NC30 r .NN M67 a+ .✓ N �1\\r r O Q O N r r A 00 \O W N N O r O '.N N Sa,�?N r•.\•. 1 In\N7T O\ \`. �.\ rNMMM MN N G9 r a rT W�'B v MN Nr H His ri s -- 4 1340 S.W. Bertha Blvd. R.A. Wright Engineering, Inc. Portland,oregon 97219 Rrons-1. Ming engineers 503,,24 6 4299 786.10/410.10 December' 19, 1983 Honorable Mayor and City Council City of Tigard 12755 S. W. 'Ash Tigard,- Oregon 97223 DartmouthStreet Extension Attached is a map showing the routes that we propose for the extension of Dartmouth Street from S. 14. 68th Avenue to Pacific Highway at '78th 'Avenue. In order to help you in evaluating the impact of the proposed route on properties in the area, we have shown the possible boundaries` of an L.I'.D. and information on property owners in the area. The boundary shown includes . only, those properties that have some frontage on the proposed street. The property ownerships and our ; understanding of the owner' s support or opposition to the proposed street improvement is; as follows: Owner Acreage Support Oppose Unknown i } Martin 27.5 Ac. 27.5 Williams 17.7 17.7 Christen 10.0 10.0 f Pollock 9.1 9.1 i Randall 5.9 5.9 Probsfield 0.9 0.9 Ball 0.6 0.6 Hedgepath 0.5 0.5 Alexander 0.5 0.5 Landon 0.4 0.4 Markstrom 0.3 0.3 Vasey 0.2 0.2 Total 73.6 Ac. 42.7 Ac. 27.5 Ac. 3.4 Ac. Percentages 100% 58% 37% 5% It should not be assumed that costs of the project will be distributed directly proportional to the parcel sizes shown above. We have not yet developed an assessment formula for your consideration, but it is our intent to recommend a formula that assesses property adjacent to the proposed street at a higher rate than property that is distant from the street. Wright; Engineeringg Inc. Honorable Mayor ~ and. City Council City of Tigard December 19, '1983 Page 2 If you concur with the proposed route, we will continue with the engineers report on the proposed L.I.D. At a meeting in the near future ; we will submit for your consideration the limits of ,the L.I.D. - and a method of assessment. Sincerely, AA rt Robert A. Wright Encl. RAW/lhd 1Z-19-g3 T Map w { } $ { { i{ {I �..�1{f i{9�l{I S�(�1{7 1{➢,1�i 7}i�1�[Tf�1`f{lil{i �IFi T{i I{i I�L{1 i I�1 i� fill{SIlC flilllp{I'1{IjollpillIIII II111{off} 111 til 11 t!t 11111111111111t i}as1 fai , ii 1 BB ii NOTE: IF THIS MICROFILMED _.0 2 3 °} _ _ J - 6_ 7 8 9 DRAWING IS LESS CLEAR THAN ' r THIS NOTICE. IT IS DUE TO TI¢ QUALITY OF TFE ORIGINAL DRAifIHG. ! OE fit 8Z L2 92 S2 —f2 EZ ZZ BZ OZ BP BI —L! — 91 SC'—bl -EI-- ZI U— 0!-6 .- - 'HNLIIHSPlII'ilii'11ii7tIN{3t1i�1/�iq__,_, - M ARn Giva" 1 h d• ''�'i+`OI.tl. � 1 1l ,..E�'., iWF' ,. �ta- ,r y lok «� ''4^' �,y �� ,..'Ft-ER ..;X I �. ��Pi+ y � '.?- �1F,1•..:`�� 1Ta�R *- SCALE: 1"= p' tfi`C 7 p O t y`I } .. I Y I Q+r \� A �, -lam' •! -'at' .$'' c` ti B 9i�{. f'n+��.ccc, st' - I �:, •, -0.`L. BAN L AP t :.-- •. �.. - �-; �.: rG �.. S �� 444 ii �� a«z. _ 3r ■ - d Y./_ ri: :: r' `: a - ., i •a7k�'1 r.., - a -a3+ �1 s•r 'E�.' , RANDALL " ::•s t� '' f: .. - .. �` #•'�i'.,�1�..... i .. � °�• F a ?� 1 �. d'^ semi w..: �; - � r f • 4 }• r,. (� :mss f.'�� 'A %g., �y d .-:i;;:3 - 5 �. -. CLIIITqN D T _ - �r. Y - - ;r _� --- --•�.,:...�r,Te3 - _#w ` �1, :{• \ .I - ,c'3�.tip.! l�`.': _ - 'a f .. -- .a..ac�< •. ,.t ` I syr•' _,.s :.- ..': _ ;g - ski� � A6' n 4 y e 9-�:? m':j�°1' •.�'C. :`,riw. � 'lal. .'::� �y I � � I WILLIAMS :. -:; MARTIN - - .27.5 AC. _. r-.. :"•`4 � 1..4t:. � ..,.4P'oR-.._._ I x , •tom -,�•_ I a. {' ._ '1' 1r <•Lr'��'.� v 1 •.-' ems,, - . Y , ev :�-. ,L.. ..-�. •i'" � : .-.., ,. .. .....: � ,., r t, ..� N. err i':' t - - •'� - 2_? OWNER,, ARY - +i as: ¢ - IGHT s5 cti PROPOS STR R -OF-WAY :4 M ;. M1 STREET.. •• �. - A �t>:. - �, A V E M E NT �, "%• .: " - y.,� +L.t .r IVC Vk •r` r e.. s _ . : a , a �� rB■p . -y fi• • s - � DWG 786-I f2-i9-83 .- .. "`�• I � :1 /,^� r- r , r n 4 _ IBM i�111111I rI11111Illlll l'IIIII IIIII IIIIII IIIIIIIIIIIIIIIII hIIIIII(IIIt1Ii II III IIIIIIIIIIIIIIIIIIIII IIIIIIII IIIIIIIIIIIIIIIIIIIII III IIIIrIIIIIIIIII111I4111IIIr III IIIIIIIIII111111 rlgllnli. � ... - -. NOTE: IF THIS NI—FILMED I 2 3 4 $ 6 7 9/B 8 10 I I t2 DRAWING IS Lf SS CLEAR T1AN THIS NOTICE.IT IS DUE TO THE WALITY OF TIE ORIGINAL b Of 62 82 12 9Z 52 92 f2 22 12 OZ61BI LI 91 51b�l fl 211 11 0116 1111I1019II111111II1IIIIIIIInIIIRIlIl1111WLIIlI110�lIllIl I1111IIIlIIWIIlll1 nnlnnluuLl Iuuln dmILUIIIIIIIIII111111IIIlI1111IIIIIII111IlIIlIIIIIp�IFJ!I�IIIII114IIllIifIIIIIIIIIILlIIIpI00I1111IIIIlIUIlI1111I1111IULII1111III11IIIIlIII W 1111IIIIlIIWIIl1W W MARCH 7 11990 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 12/19/83 AGENDA ITEM #: _ 10 DATE SUBMITTED: 12/10/83 PREVIOUS ACTION: Concensus of opinion ISSUE/AGENDA TITLE: Purchasing by Council to proceed with Ord. and Manual i1as and Manual REQUESTED BY: Y T7;Ap� DEPARTMENT HEAD OK: JLW CITY ADMINISTRATOR: INFORMATION SUMMARY Pursuant to the consultant's report regarding the Purchasing system of the City, the City'Attorney and staff reviewed and prepared for adoption by Council' two ordinances and one resolution. The ordinances state that the City Council will act as the Contract'Review Board and will adopt rules. The resolution is to adopt the manual for implementation of the rules. ALTERNATIVES CONSIDERED 1. Continue as before. 2. Bring our procedures into compliane with State law. SUGGESTED ACTION �4. Adopt both ordinances and the resolution. �y O'DONNELL. DATE December 14, 1983 SULLIVAN &rRAMIS ATTORNEYS AT LAW TO: The Mayor and Members- of the City Council 1727 N.W.-HOYTSTREET Bob Jean, City Administrator PORTLAND. OREGON 97209:. (5031.222.4402 FROM Timothy V. Ramis:, City Attorney. REs City of Tigard: Purchasing ordinance, Rules and Manual The purpose of this memorandum is to call to you attention two points: 1. The purchasing ordinance, rules and manual before you for consideration, represents a very positive step forward, but the task is not complete. We need to add to the ordinance, etc. , the following: a. A complete bid packet for the award of construction contracts. This has been drafted in a form for staff review; b. Procedures for the award of personal service contracts; and C. Procedures for the sale of surplus city property. 2. The city'must follow its adopted rules. We will complete the "bid packet" within the month. There are } a number of 'other matters identified ,by the City Administrator *. which need urgent 'attention`, such as the "Personnel Rules." Therefore, the procedure for awarding personalservicescontracts and the sale of surplus city property should be placed in the work priority list. TVR:AB:mch 12/14/83 THIS ITEM WILL BE PRESENTED AT THE COUNCIL MEETING I ' 1 r' m a 3 CI'PY OF' TIGARD, OREGON COUNCIL�AGENDA ITEM SUMMARY AGENDA ITEM AGENDA OF: Decembp� rAR3_ PREVIOUS ACTION: DATE SUBMITTED: ISSUE/'AGENDA TITLE: a ga—C.Qd.2— REQUESTED BY: --------- Exception CITY ADMINISTRATOR: i DEPARTMENT HEAD OK: _ --- INFORMATION SUMMARY 4. p gn e exception Staff is recommending that ooe00fee tofor coverprocessing costaoflAdministratiora- be increased from $25.00 to $1 .; M. 6-, ALTERNATIVES CONSIDERED a $res The Council may vote to approve the request or ent rf nt rate $25or -00. code exceptions, modify the proposal, or keepthe p res D; SUGGESTED ACTION s recommends a fee for $100.00 for processing a sign code exception. Staff. . 10 1 Mi f MEMORA14DUM i TO: Members of the City Counci=_ FROM: William A. Monahan, Director of Planning and Development e DATE: December 8, 1983 SUBJECT: Sign Code Exception Fee d fee for an exception to the sign code is $25.00. This fee, The established created a' sheyear ign: code was reviewed, was intended to cover the ago when the s cost; of processing applications by property owners to obtain an exception, or variance, from the provisions of the sign code. Recently we had five applications of this "kind giving the department an 'opportunity to assess whether or not the fee covers the cost of administration`. We have found that the fee is' much `to low to cover costs. Each review of an exception involves processing an application, reviewing the proposal with the applicant, staff analysis, preparation;of a two to three page staff report, presentation of the exception to the Planning Commission, and preparation of a final action notice. The staff has estimated that amore -reasonable fee would be $100.00. �a. u M E M O R A N D U M n DATE: December 14, 1983 TO: Mayor and City Council FROM: Jerri L. Widner, Finance Director SUBJECT: DEPARTMENTAL SUMMARY REPORT FOR THE MONTH OF NOVEMBER Word Processing: This month the Division continued working on the comprehensive plan, the 5 year plan and 'capital improvements program and the purchasing manual. They continued support in processing Council packets and other projects. However, � hard times have hit this division, as of yesterday the staff have been ordered to stay home by their doctors. They all have bronchitis. We are hoping that at least one will be able to return to work by Monday. Records: The personnelfiles have been moved upstairs. Four positions have been advertised. The Safety Committee has been organized and is meeting. Election timely for the 11/8/83 election except for the group called reports have been Right--to-Vote,' Phase II. No information has been received in the recorder's office and this has been reported to the Secretary of State's office. ` Phone calls received during the month of November totaled 7,739. Total walk-ins llected for the month of November totaled were 2,134. Business taxes co ived in October $4,337.00 in traffic fines and $1,479.00. Municipal Court rece in November $2,831.00. Accounting: There were 426 checks written during the month of November and 345 receipts were written. Sewer billings totaled 1,543. This division has been u i with illness, however all staff are now back at work and they are catching p the daily items that backlogged. The month of November was busy for the entire department ,and thus far in December we are continuing to have'a increased work load. JLW:ms (O135F) t CITY OF TIGARD,' OREGON _COUNCIL AGENDA ITEM SUMMARY a AGENDA OF: Decemlgi' 13a 19R� AGENDA ITEM #: a aPREVIOUS ACTION: DATE SUBMITTED: Dec ne �g� 13. 14A3 ISSUE/AGENDA TITLE: Monthlv Re ort - Planning an _ REQUESTED BY: to MM Development DEPARTMENT HEAD OK: CITY ADMINISTRATOR: xssx�ac=axsssxasaxcex=x.xcsc=seacoxa�xsrx=¢x—�x—x—a=x— s-- --a -�•--- INFORMATION SUMMARY a Attached is the November, 1983, ,monthly report for the Department of Planning and Development. -------------- ALTERNATIVES ALTERNATIVES CONSIDERED aaa............. ........... ...... SUGGESTED ACTION y Receive and file. lr TO: Members of the City Council FROM: William A. Monahan, Director of Planning and Development DATE: December 14,` 1983 SUBJECT: Monthly Report for November, 1983 During November the Department delivered the Comprehensive Plan to LCDC for acknowledgement. The submission culminates a two year effort' to prepare a plan which deals with city wide concerns rather then those of seven fragmental areas. The city wide plan will be reviewed by LCDC with a hearing tentatively set for late April, 1984. Building and Planning activity continued at a steady and strong pace. Attached are copies of: 1. Building Division Monthly Report 2. Annexation Report 3. Code Enforcement Report Due to the extended absence of Planning Secretary Diane Jelderks, a Planning Activity Report for November is not available. One will be prepared along with the December report. s r x , MEMORANDUM Ix TO CITY COUNCIL FROM: PLANNING AND DEVELOPMENT DEPARTMENT DATE: 'December 2, 1983 SUBJECT: Monthly Report for month of NOVEMBER - Building Division August's' building activities includes permits for 1; sign, 18 single family residential, 1 residential additions or remodel', 8 commercial alter/repair, and 3 demolitions for a total evaluation of 1,991,400.00. Fees for 31 permits 13,283.40 Fees for 1 signs 25.00 Plumbing Acitivity - 25 2,252.50 Mechanical Activity '- 23 406.50 TOTAL.......$ 15,967.40 Sewer Connections - 17 14,875.00 Sewer Inspections - 17 595,00 King City Activity There was no permits issued for King City for the Month of November, 1983. i f O H '.� O O - O en Cl) r4 p, E-� V N t-R pal_r W rn- r. (/J Ai M ® 41 Q C 0 1 r• 0 0 0-0 O O 0 O O.P O 0-0 O a'O O O.O 0 0 0 0 0 0 0 :O :.. 0 O 0 0 0 0 0 0 0 O O O O QO O dd 0 0 0 0 0 0 0 O O O O O,o O O.0 0 0 0 0-0 0 0.0 0 0 0 4 " � O � 00000000000000 d OOOOOoOdOOOo0oO0000 00000co0000 � Q• .T...O. tT 00 U-) v9 Y M O` o n n M co00 >n � 10 10? A rl C ` a+ w w m m m m m m m m m co m m o 0 0 catrcoaccaa �- ooa � oco .� .4 . v a -ea o o b o g o L U U N N N N N N N N N N N N N N. 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G V 1 M C- m o C A d o Q N N N V..Oe U V O ' o d 1O U A .o-i m T! m. u N o o m m N N V O 9+1 G S S b b S 000 to c9 S s� 0 a a� d W tl d 7 A O d 9 C re m c u a j3 14 W C7 t!F wMo N a 14 m S:. W W 61 n w P. 41 L EP Id MI -d y N G aN W N ,0 H S S Vf n •� S .o eq H {i co H - G st .0 •O W M rd O O W W W W FA W cl W e/J W W 14 M f'1 l7 M M M oo w co en cc co w w co W N N N N 1 I 1 I { ! Q If 4 H W rd O O O ii KIM r1. Ma `. a .>a P y H 00 w w w w w w w 44 O O O 0 O O. O tl p O O O U O N O O N O N 0 O 6a W N. .M e-+ W C .. 3 C O O n c r. CA M rl r4 . W O v-ta H M N N N r4 Cl)U if! O O O O O O O O N p O T O O N CO ra O M n.. 00 H ..w ca M H O O uZ trt u1 DAen N 0p n :O� •S O• c. a 14 1- r1 N M N r+ N 14 ::rt m _W t, ��W77 6 V4 "+E E, H +C w !D•w � 02 ei H rt H M N H N N H COd .l H O. r+ O 00 O O tl O O O O O C•9 1n O O O O O p fL+ O v� m W rat 00 N rt M H 14 O O VY 1e1 h W w w N w 4p O w a4 w w an U 01 O tl O. O O O O O O O V Q H CN. M 00 a a M N V O W W rd G M .O b M M lit M w C m M trt vi r O O vpi vai ® O O v1 ••++t N n N O O n .Q M O N 07 E b 0.'1 00 ? b W O qt N N rt W rt •1 rt M M M w N M N LL P+ N +Lb w w w M w i4 w w w W M N 00 N O O b 4 rM. 00 O Yf N M M M fA N .p N e( w O M Q N M 00 b b 6 G U O M r•t O 00 N •P P b a 6 4N4 H} a as ? » 4bs 4+ vbm u f O O O O O vMto 1 � � A M O DD Qd 00 N E a 0) •:l tsT n e•< H rt a N b 00 O va 0. 4* w w 49 w w H 6? w 411, 4?. w ad WW... cd m P4d H O � ft 4 CITY OF TIGARD. OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA ITEM h: AGENDA OF: 12/19/83 DATE SUBMITTED: 12/6/83 PREVIOUS ACTION: N/A ISSUE/AGENDA TITLE: Public Works Monthlj Re ort for November -1983 REQUESTED BY: ---------- DEPARTMENT HEAD OK: .. CITY ADMINISTRATOR: _ INFORMATION SUMMARY Attached please find the monthly divisional reports for Public" Works Operations and Engineering. ' �aamsxeassaxasvean��Sas®Amaremea®m®.mmm�aaasusemsemeaaaaemm aa.aaam�mamax:asamssseaavaa:mama,samaaam AI.TBRliATIVES CONSIDERED f psmaa�wnaxa�:umsexmxsaays ssaassssx aaaRsssaxaeaassva¢as�imkmsaair.w---a---asaaaaca�aesxaAm sax at ragzs rt as rs®rwwxe raa�ra SUGGESTED ACTION Receive and file M E M O R A N D U M r TO: Frank Currie, Director of Public Works FROM: John Hagman, Supt. Engr. Division a : SUBJECT: Engineering Service Section . � a y, OFFICE A. Subdivisions: We are now working,with 55 subdivisions. V Approximately 1/3 of these need to be checked at least once a week, the rest need to be checked monthly. B. our Graphics Aide has been working on address maps. We X, them in the month of December- hope to complete ., IZ STREET RECONDITIONING PROGRAM A. Bids were received and awarded for S.W. 115th Avenue and S.W. Tigard Street Reconditioning. Low bid was•£or $157,537.69 by,C:G. Gredvig. lie has 60 calendar days £rom November 28, 1983 to complete this work. Lon Percent' , ZIy INSPECTION -- A. Subdivisions, 15 .106 Sanitary sewers 12 .085 storm sewers 3 ,021 _ Sub-grade 2 .014 . Rock Base 3 ,021` Curbs a .028 t A.L. Pavement ,148 �.. 21 • Driveway Aprons and/or Sidewalks 2 .014 yPro3ect Final 1111 13 .092 Other inspections, (O/L Program, etc.) 18 .127 Contractor Technical Assistance 2 014 P.W. Shops Technical Assistance .106 Routine Field Insp. (R.F.A.'s, et-c.) 15 .035 Field Studies for Street Imp. Design 2 .014 Street Design Computations 10 .070 Street Design Drafting 2 .014 Routine Drafting 3 .021 Mapvrork and Research 5 .035 Plans Checking 5 .035 Photo and written Documentation 142 100% i' SUBJECT: Field Services Section I EXISTING STREET RECONDITIONING PROGRAM g, staking for S.W. Tigard Street A. 20% completion of construction project. IZ COLLECTOR STREET CENTERLINE MONUMENTATIOt3 PROGRAM A. Completion of research for S.W. Greenburg Road project. SECONDARY CONTROL NET PROGRAM ZZI SECO cater system. � A. 50� .eompletion of transferring coordinate data to comp IV L.I.D.'S ' field work for S A. 858 completian of preliminary . - 66th Parkway Sewer L.Z.D. #p42. V OTHER A. Geneeal information mapping upgrade and update. 1, 65% completion of address maps jurisdiction map - 2; 15% domplation of annexation and road j 3, 8b� completion of land base section maps. of 4O0 scale City Map. 4. 15% completion m CITY OF TIGARD PUBLIC WORKS OPERATIONS Nov. 1983 Reoort DATE: 6''December -'1983 PARKS: (GREENTHUMB LABOR) 1`. 13.5 hrs irrigation` 2. 19.0 hrs restroom maint . 8.0 hrs restroom maint. 3 . 7.0 hrs building maint. 4. 22.5 hrs rec. equip. maint , 4.0 hrs red. equip. maint 5. 52.0 ;hrs landscaping 11.0 hrs landscaping ` STREETS: (COMMUNITY SERVICE LABOR) 1. 100.0 hrs street cleaning 4`.0 hrs street cleaaing 2. 59.5 :hrs patching 8.0 hrs patching, 3. 3.0, hrs painting st . :nark. 4. 132 .0 hrs sign maint. 5 9 .5 hrs brushing &. limbing 6. 94 .0 hrs grading & rocking 3.0 hrs grading & rocking 7. 4 .5 hrs sanding WASTE WATER: (GREEN THUMB LABOR) 1 . 19.0 hrs T.V. inspect . 6.0 hrs T.V. inspect . 2. 34 .0 hrs sanitary sewer clean 3 . 39.5 hrs storm drain clean 4 . 21 .0 hrs sanitary repairs 5 . 2.0 hrs smoke test 6. 44 .0 hrs catch basin 7 4 .0 hrs manhole repairs 8. 23.0 hrs flooding maint . 9 . 56.0 hrs ditching 16.0 hrs ditching 10. 60.5 hrs storm drain repair SUPPORT SERVICES: 1 . 20.5 hrs PM on equipment 2 . 142 .75 hrs scheduled repairs 3 . 23 .35 hrs unscheduled repairs 4 . 6. 5 hrs fabrication 5 . 1 .0 hr road service 6. 71 . 0 hrs building mains . 7 . 20.0 hrs general support ' s POLICE DEPARTMENT MONTHLY REPORT R November, 1983 € 1 TO:` City Administrator FROM: Chief of Police I. Personnel: The department continues to be at full strenGth this month (29)- The average daily department strength was 17.5 as compared to 17.6 of November, 1982. By division, the breakdown is as follows: Administration 1.6; Patrol Division 8.7; Traffic 1.1; Investigation Division 1.6; and Support Services 4.4. , II. Service Delivery: The'department responded to 490 non-criminal `calls for service this month in contrast to 337 calls in 1982; year-to-date,total is 5,654. Patrol Division's obligated time was 1,868.6 hours vs. 651.5 non-obligated hours. `. III. Crime: There were 120 Part I crimes reported this month; only 100 were reported in November last year. of the Part I crimes reported, 22 ,were cleared, or 18.3%. The 'department responded to 31 Part II 'crimes, and 19 were cleared. There were 44 persons charged this month as compared to 45 for this same time period last year. Part I crimes increased 20.0°'. this month over November of 1982. The Investigation Division worked 27 active cases this month; and cleared 4, or 14.8% of the active cases. The property loss was $196,810.47, and $114,815.82 was recovered, or, 58.3°°i- IV. Traffic: Patrol Division responded to 52 accidents, of that number 11 were injury. There were 251 citations issued, as compared to 262 for this same time period last year. In addition, 29 warnings were given. The enforcement index was 13.54, V. Police Reserves: The Reserve Unit worked 202 hours this month assisting the department in policing the community. The majority of this time was spent out in the community on patrol and assisting citizens. F See attached monthly report from the Reserves for a complete breakdown of their activities. VI. Special Assignments: A. K-9 Recap lsee attached report from Sgt. Martin) B. Alarms and Permits Recap (see attached report from Capt. Jennings) C. Motorcycle Traffic Unit Report (see attached report from Sgt. Newman) q l VII. Training: A. Advanced Investigator's School. Det. Goldspink received 16 hours of training on October 31 and November 1 by attending the Advanced Investigator's School. This BPST-sponsored school was held at the Police Academy. d B. Sexual Harassment/Discrimination Class. On Nov. j8 Services Manager Carrick, B. Sexual Newman rasand Martin, and _Cpl. Myers attended this class at Forest:Grove" s Police Department. 16 man hours of training was received at this BPST-sponsored i class. ; C. Updates on Oregon Law. On November 2, Lt. Wheeler, Sgts. Martin and Newman, and Officer DeVeny spent 8 hours at the Dalles Police Department, receiving training on Oregon law updates. These updates included criminal, traffic, search and seizure and laws of arrest: _ 9 VIII. Community Relations: A. Officer;Friendly. Officer Grisham spent 1 hour at Canterbury Preschool On-November 3, presenting the "Officer Friendly" program to 30 pre-schoolers. g B. .Shoplifting Program. On November 8, Officer Grisham spent 1 hour.. talking to 60-sixth graders at Phil Lewis School. C. Drug Training. Lt. Wheeler and Officer Grisham spent 1 hour at Fowler Jr. High School on November 17, giving drug training to 10 teachers. D. You and the Law. Officer Grisham contacted 90 sixth graders at James Templeton School on November 18, spending 1 hour with them. E. Kiwanis Drug Program. Officer Grisham spent 2 hours at Elmer's Pancake House on November,;23, speaking to 10 members about 'drugs. F. Kiwanis (Kelowani) Drug Program. Then on Nov. 30, he and Lt. Wheeler spent 8 man hours at the Pioneer Pie Shop speaking to 22 women about drugs. - G. Rap Session. On November 10, Officer Grisham and Dispatcher DeVeny spent 6 man hours at Tigard High School with approximately 75 senior students participating in their annual rap session. H. On November 10, Capt. Jennings attended the Washington County Law Enforcement Council meeting, spending 2 hours there. I NOTE: There were a total of 297 citizens contacted, and.a total of 21 man e- hours were spent. Respectfully, R.B. Adams Chief of Police HBA:ac M-0- co In dk N�'�pRT °dSp,�TC T�ddV,��G cp/ L gT/p ws TdyG, c, :v U visT� • y Tj Al— � FO �s f �Gi r NAZI�? ' 4 w �= EM, e KIN, gy I'M ' 6 � ¢ p. Mgt Mw Y 7 k g 4x, + sem<y fill, a R t INA Mt�"vrat ai x`05 3i gN'y'fi 1.e�. r w^k`rf .F. �� .�w:as .v,•,�y :g x ...: t' 7't -.=� aYg, .'.,. i;, .+; .�,.a�d,_. c r ..':i• - u�.�;.y..a.ter, -s%'+<.i^'�`a .,�!.... •r�r,, - ,�3 x _ ....w. r-,,�:_.v '. �.,.,.. `}•as'^ktsei,...�i:.s,.. ' � "+LL.., n....�*' .:�s.:r�,:,, �!ta-..v'•f r3. tf. "5s.n ° 3'5., m �$�l ".,: t . ..� `- x,'k�.i ".e k•.-x z s4 � "� ' sz.',� ELM W�WM• 1�t�5.0 ' +'� '"s..,,.-$ ��t �-�� 3 .��_;�-,� ��a.,� r- MEMORANDUM December 8, 1983 i y d Chief of Police T0: � FROM: Sgt. Martin SUBJECT: K-9 Report RE: November, 1983 R, l <a Sir: During the month of November the K-9 team responded to twenty (20) calls for service. Nine calls for service resulted in tracks, one suspect was evidence was located in four others. apprehended as the result of a track, Three area checks were conducted with negative results. The remaining eight calls were for building searches in which all were cleared of suspects. Training was conducted on Tuesday evenings. The team' spent' a total of 24 man hours training. Two-thirds of this time was donated. The team trained one night in the Waterbed Warehouse working on building searches." Training the remainder of the month consisted of ground tracking. Respectfully, �Gu�CKi�� Sgt. Chuck Martin K-9 Team Leader CM:ac ALARMS AND 'PERMIT<RE-CAP January l - November 30, 1983 Month of NOVEMBER t+ THIS SAME MONTH - OA TOTAL TOTAL ;5 MONTH'r LAST YEAR CHANGE THIS YEAR LAST YEAR I CHANGE TOTAL ALARMS.. ..'.. .55 46 + 19% 547 a. False.....`.. 52 '46 + 13% 536' -- --- b. ' Bonafide. . .. 1 3 0 --- 11 Permits Issued. .:. 7 4 --- 87 -- --- Permits Renewed... — 9 -- =-- 130 - --- Permit Fees.... $255 $145 =-_ $3,175 -- --- '> Permits Revoked.'. . 1 1 --- 29 -- --- Revoked Fees... ... $120 $ 40 --- $2,360 -- --- F, .A MONTHLY SUMMARY STATEMENT: You will note a. 13% increase in false alarms. This is attributed to two (2) facts. The first is there are an estimated 40% more systems today than a year ago, and second, the month of November had a couple of severe winter (high wind and rain). storms which cause false alarms. Incidently, those alarms are not counted against the alarm system user. ( iffl, 01 10111, Imim 1, 1 'M U--gig a i 1 i HMO i MEMORANDUM I �r i - 4 December 8 1983 f TO: Chief of Police FROM: Sgt. Newman SUBJECT: Motorcycle Traffic Unit Report RE: November, 1983 Sir: During the month of November, 1983 there were 52 accidents, l% injury) 42 non-injury. This is an increase over November, 1982 which had 32 accidents, 8 injury, 24 non-injury., Of the 52 accidents this month', 21 were investigated by the Traffic Unitl Enforcement Index this month is 13.54 compared to 22.37 for the same period last year. Traffic unit issued 84 hazardous, 55 non-hazardous, for a total of 139 citations. Respectfully, gt. John Newman M/C Unit Team Leader JN:ac - 3 1 'i POLICE DEPARTMENT CONSOLIDATED MONTHLY REPORT FOR MONTH OF November 19 83 1 DISTRIBUTION OF PERSONNEL 444 .AV E RAG E {' NUMERICAL STRENGTH i� '`DAILY ABSENCE i� At ER_AGE [r FE;:11V'E 'STRENGTH_ I' End of Same This Same -� This � LastSame End this Month Month Month i Month Month Month MonthLast Last I Last Year Year Year TOTAL PERSONNEL 29 28 11_5 10.4 17.5 17.4 17.6 & 3 1.4 1.6 1.6 1.6' 1.4 , CHIEF'S OFFICE 3 -- 7 3.6 2.4 �4.4 _'{.5 � 4.6 -- SERVICES DIVIS. 7 -- _-- ` 6 14 15 5 3 5.4 ` 8.7 8.7 9.6 a PATROL DIVISION t DIVIS. 2. 0 .9 0 -1 1.1 _7 0 TRAFFIC 3 1.4 1.2 11.6 1.9 1.8 INVEST. SECTION - �" 4.4� 8.0 �7.6 6.6 1 F07-P, ONE 14 11 i 6.0 _ P - -- ---- FACEWO 11 2.4' 4.7 M X4.61 6.3 � 31 1.3 i 7 4.7 6 rORCE THREE 8 - `-4 9 - CHANGES IN PERSONNEL DAILY AVERAGE PATROL STRENGTH -- --- --This Same Month 1. Present for duty end of last month 29!^ Month Last Year 2. Recruited during month 0 - - -- -- � 3. Reinstated during month 0 l. Total. number field officers 16 15 Total to account for --�9 2. Less Agents Assi.g- 4. Separations from the service: ned to Investi.gat. 0 0 a e daily abs- %g � - (a) Voluntary resignation 0 3. Avera 0 ences of field off- (b) Retirement ice.rs owing to: a) Vacation, susp (c) Resigned with charges pending 0 ( c.nsi.on; da�-s off, ` (d)' Dropped during probation �� comp, time, etc. 6.0 9 4.9 Sick & InjuredSi b) c1 (e) 'Dismissed for cause 0 ( 2 ---�--'--'� 0 {c) Schools, etc.. _ (f) Kille,l in line of duty Total average daily (g) Deceased 0 absences 6.2 5.4 Total separations 0 9.8 - 9.6� 4. Available for duty � r S 'Preseut for duty at end of month _ 29 M OR I Ng TIGARD POLICE DEPARTMENT Monthly Report I. Calls for Service: This Month 640Year to Daae 7465 ( A. Obligated Time 1,868.6 B. Non-Obligated Time 651.5 II. PART I CRIMES ` No. Cleared Arrests A. Homicide B. Rape C. Robbery 2 1 - D. Assault 9 6 7 E. Burglary - 40 1 ' 2 F. Larceny 64 14 17 G. Auto Theft 5 Totals 120 22 26 III. - PART`II TOTALS 'c%: 31 19 18 TOTAL - Part I and II 151 41 44 IV. TOTAL PERSONS CHARGED: 44 a. Adult Male 23 c. Juvenile Male 13 b. Adult Female 5 d. ' Juvenile Female 3 V. WARRANTS SERVED 9 VI. TOTAL PROPERTY LOSS $ 196,810.47 TOTAL PROPERTY RECOVERED ,5114,815.82 VII. TRAFFIC a. Accidents Investigated 52 Injury Accidents 11 Fatal 0 b. Citations: VBR (Speeding) 32 Yield Right of Way 8 Following too Close 6Q. Red Light 40 Stop Sign 12 Improper Turn 0 Reckless Driving_1_ Careless Driving 14 Driving Under the Influence 3 Driving While Suspended 8 _Other Hazardous 25 Non-Hazardous 102 Total Hazardous` 149 c. Enforcement Index 13.54 d. Traffic Enforcement Totals Citations: This Month This Year 251 Year. to Date 2643 This Month Last Year 120 Last Year to Date 1539 Warnings: This Month This Year 29 Year to Date 386 This Month Last Year 55 Last Year to Date 5 5 NOTE: X - Part I Crimes (Major Crimes) Clearance Rate 18.3% scac Part 11 Crimes (Minor Crimes) Clearance Rate 61.3% LEGAL REPORT OCTOBER, 1983 QUARTER OCTOBER Y.T.D. VARIANCE BUDGET Council 4630 1665 6295 Administration 9972 4650 14622 NuuIcipal Court 2159 -0- 2159 Police 585 -0- 585 Planning & Dev. 1585 90 1675 Public Works 10216 240 1256 S-T Operaions 19947 6645 26592 Mudgeted7 [14790] [57501 [234501 <3142> 1664501 Civic Center 3726 3726 Latecticsn 697 115 812 S-T 24370 6760 31130 TURA 757 757 -_,,;f�Dud&otedl [757] �0- 17571 9.43 1000 S--T 25127 6760 31887 UDIS 1.360 639 1999 TOTAL 26487 7399 33886 t�S:•psar'OtRBT�� OREGON PUBLIC LIBRARY STATISTICAL REPORT For the fiscal year ending June 30, 1983 N Complete one copy for the library file, one for the city council and/or county court or controlling body, and return one COPY by December 1 to the Oregon State Library. 1-1. TIGARD PUBLIC LIBRARY 1-4• IRENE E. `ERTELL (OfficiaZ Name of Library) (Name of Librarian) 1-2. TIGARD 1_6. WASHINGTON ("City) (County) 12568 SW MAIN 1-6. 503-639-9511 (Mailing Address) (Library Telephone) 1-7. WASHINGTON COUNTY COOPERATIVE LIBRARYSERVICE (System and/or other Affiliation Memberships) 1-8. Date Library was originally established as a public`library JANUARY 15, 1978 1-9. Date of ordinance or resolution under which the library is currently operating;----------------------------------- 1-10. --------------------------- ------1-10.; Number of public service outlets: Headquarters .1 Branches 0 Bookmobile units 0 Other public service outlets 0 1-11. Hours library is open for service: " MON TUES WED THURS FRI SAT SUN Total Hrs. Per Week CLO ED 9:30 AM 9:30 AM 9:30 AM 9:30 A--M 9:30 AM CLOSED tso to to to to to to 48 8:30 PM 8:30 PM 8:30 PM 5:00 PM .5:30 PM NOTE: If you have branch libraries in your city, attach a sheet with their schedules (if available). The information included in this report is accurate to the best of our knowledge. . t � Date: %u ;y ;��f%- �.' //� \ R� - ' Signature of Board President Signature of,Librarian--�� i COLLECTION Number*Added Number Held at CATEGORY During 1982/83 End of 1982/83 Fiscal Year Fiscal Year BOOK STOCK 2-1. Volumes 3,503 27,128 2-2. Titles NO RECORD KEPT CURRENT PERIODICAL SUBSCRIPTIONS 2-3. Titles 6 73 AUDIO-VISUAL AND OTHER LION-PRINT LIBRARY MATERIALS 2-4. Titles, 'Audio (all forms) 65 478 2-5. Titles, ibtion Pictures NONE NONE a) Film b) Video 2-6. Titles,' Micro-Computer Software NONE NONE a) In-house library staff use b) Circulating to users - 2-7. Titles, All Other Librar Materials 4 9 (Items 2-4.. b9 487 2--8. TOTAL A-V, Non-print, & Other tTzru 2-?J 3' DOES NOT INCLUDE UNCATALOGED POPULAR PAPERBACKS " PAID SUBSCRIPTIONS ONLY. DOES NOT INCLUDE DONATIONS. USE CIRCULATION NUMBER OF TRANSACTIONS OF ALL LIBRARY MATERIALS TOTAL NO. OF TYPE. OF LOAN ADULT JUVENILETRANSACTIONS MATERIALS MATERIALS j 3-1. CIRCDL4TI0.N * 87,,846 35,025 122,871 E INTERLIBRARY LOAN 3-2. Loaned to: a) In-State NO SEPARATE RECORD KEPT 160 { b) Out-of-State 3-3. Borrowed from: a) State Library; NO SEPARATE RECORD KEPT 302 e b) Other In=state " 560 C) Out-of-State " 87 3-4. TOTAL -Interlibrary Loan-Borrowed 949 (Item 3-3. a, b, & c) '. *NOTE: ,I-.you have circulation records that are more detaiZed than requested here., please attach a copy. REFERENCE10 - 3-5. Reference Questions Answered a) Ready Reference 6,248 b) Research Questions INCLUDED ABOVE C) TOTAL (Items a and b) 6,248 3-6. Reference Questions Referred to Other Libraries No RECORD 3-7. Reference Questions Answered for Other Libraries NO RECORD -3- - FINANCIAL STATEMENT OPERATING BUDGET' Operating Receipts Operating Expenditures 4-1. Cash Carryover 4-10. Personnel - NOT AVAILABLE IN CATEGORIES 4-2. .City Receipts $ 72,988 a) Professional _ 4-3 District Receipts b} Clerical 4-4. :County Receipts $ 79,302 c) Maintenance N/A 4-5 State Receipts '$ 2,000 d) TOTAL $114,323* 4-6. LSCA Grants 4-11. Library Materials ' , ` ' 4-7. Other, Federal Receipts a) Books 25,315 b) Periodicals 2064 4-8. <Other'. _ 290 c) Other 1,362 4-9. TOTAL (Items 4-1 $154,290 thru 4-7) . d} TOTAL $28,741. 4--12. Ocher Expenditures a) Library _ Equipment 0 b) Supplies $2,801 c) Building Maint. -- d) Building Rental $14,400 OTHER: CONTRACTUAL, TRAINING, TRAVEL, ETC. $ 3,569 e) TOTAL $ 6,370 4-13. TOTAL (Iters 4-9 thru 4-11) $149,434 4-14. Unexpended Balance $ 4,856 4-15. Approved Budget for 1983-84 Fiscal Year $169,482 INCLUDES BENEFITS THIS IS NOT REFLECTED IN LIBRARY BUDGET; CITY CARRIES RENT, PHONE, JANITOR, AND UTILITIES AS GENERAL GOVERNMENT EXPENSE. -4- CAPITAL BUDGET 5_I, Capital Receipts N/A 5-2. Capital Expenditures N/A a) Carryover a) Land Acquisition_ b)' City Revenue _ _ b) New Building c)' LSCA Title II c) Addition/ Remodel d) Cash` Gifts d) Bookmobile e) Other e) Other (Identify) (Identify) f) TOTAL f) TOTAL ------ 5_3, ` Please describe any significant capital projects. ; (Include any brochr ,-o.' that might be relevant) -5- LIBRARY STAFF REPORT PLANT OPERATIC" & 'MAINTENANCE STAFF (excZude TOTAL STAFFLIBRARIANS & TECHNICAL, staff provided OTHER'PROFES CLERICAL & by contract or SIONAL STAFF OTHER 'STAFF' ZocaZ goverrunent) (a) (b) (c) (d) -' 6-1. FULL-TIME EMPLOYES 5 3 2 0 6-2. PART-TIME EMPLOYES 2 0 2 6-3.` FULL-TIME EQUIVAL- ENT OF PART'-TIME EMPLOYES (shown on Line 6-2) .75 0 .75 6-4. TOTAL FULL-TIME' & PART-TIME EMPLOYES IN FULL-TIME EQUIVALENT (Lines 6-1 & 6-3) 5.75 3 2.75 6-5. Number of-Volunteers 22 - 25 6-6. Total volunteer hours/per year 1,961 Q 6-7. Number of `hours in full-time work week for your library 63.5 6-8. LIBRARY SALARY SCHEDULE EFFECTIVE FOR COMING FISCAL YEAR _. CLASS TITLE SALARY RANGE OR FIXED AMOUNT Library Director 2105 - 2625 Assistant Director 1600 - 2000 Department Head (ASSOCIATE LIBRARIAN) 1480 - 1850 Librarian 3 — Librarian 2 Librarian I Technical Assistant 1039 - 1344 Clerk/Assistant. 2 1002 - 1294 Clerk Assistant 1 -6 110111 F1j'ffl'!j 11,11"I'l NEW= I �. LIBRARY TRUSTEES REPORT ,July 1, 1983 7-1. LIBRARY NAME TIGARD PUBLIC LIBRARY 7-� TRUSTEE NAME MAILING ADDRESS DATE TERM (IncZude qity & ZIP Code) TELEPHONE EXPIRES 14805 SW 103rdAVE WALTER MUNHALL TIGARD 97223 •620-6830 6-30-86 13350 SW ASH;AVE RICHARD'BENDIXSEN TIGARD 97223 639-8367 6-30-87 8950 SW'PINEBROOK CT. SU AN MUELLER` TIGARD 97223 620=0839 6=30-86 11385 SW COTTONWOOD PEGGY A. OBER TIGARD 97223 639-2372 6-30-87 13165 SW ASH AVE. PORENE L. THOMAS TIGARD 97223 639-0826 6-30-84 14880 SW 133rd AVE.'' MADALYN `UTZ TIGARD 97223 639-8286 6-30-84 10920 SW HIGHLAND DR. JANE MILLER TIGARD 97223 620-2038 6-30-85 Appointment of trustees should be made in accordance uiith legal provisions of a .four-year term, with dates-of expiration staggered. (See Oregon Revised Statutes 357,417, 357.460 and 357.465) (Please report any major changes during the year)' 7-3. Library Trustees appointed by County Court City Council X� Other = (descr�ib`e) or Elected = (describe) 7-4. Meeting Frequency EKI Monthly Quarterly F__1 Annually Other 7-5. Are any Trustees members of OLA ALA F-I Other Q NO Does the library budget include money to send Trustees to conferences, such as the Oregon Library Association Annual Conference? No Yes (describe) r 3 LIBRARY FRIENDS/SUPPORT GROUP NEWS July 1, 1983 8-1.' LIBRARY NAME TIGARD PUBLIC LIBRARY 8-2. SUPPORT GROUP NAME TIGARD FRIENDS OF THE LIBRARY $-3. PERM HENT MAILING ADDRESS OF SUPPORT GROUP 12568 SW MAIN STREET, TIGARD OR 97223 8-4. PRESENT MAILING ADDRESS OF SUPPORT GROUP (if different than Line 8-3) 8-5. PRESENT OFFICERS OF GROUP., TITLE: PRESIDENT NAME: YVONNE BURGESS TITLE: 1st VICE PRESIDENT NAME: JERI CUNDIFF TITLE: TREASURER NAME: SUSAN MUELLER TITLE: SECRETARYNAME: MADALYN UTZ TITLE: NAME: TITLE: NAME: ` 8-6. PRESENT BUDGET: NONE. EkPENDITURES ARE MINIMAL. E.G. STAMPS ENVELOPES ETC.' 8-7. MEMBERSHIP DUES/FEES $2.00 yr; PATRON X00 8-8. NUMBER OF MEMBERS: 35 8-9. MEETING FREQUENCY Monthly Quarterly ( IAnnual Other WHEN CALL 8•-10. INVOLVED IN OREGON LIBRARY ASSOCIATION? NO 8-11. INVOLVEDINOTHER FRIENDS/LIBRARY GROUPS? N0 8-12. PUBLISHING PROGRAMS? NO 8-13. EVENTS PROGRAMS: (please describe) ANNUAL BOOK & BAKE SALG PROGRAM AWARDS PARTY: PURCHASE CHRISTMAS GIFTS FOR VOLUNTEERS- FS- -:TC. FOR VOLUNTEERS-_ PURCHASE ITEMS FOR LIBRARY ONREC�UESTi YEAR ROUND_BOQI�SALE��.? AR (Please attach scmple P.R., brochures, etc.) -8- NAME Or LIBRARY TIGARD PUBLIC LIBRARY PROGRESS REPORT- July` 1, 1982 - June 30, 1983 Please report special developments in any area of your operation such as increased or extended services cooperation with other libraries, personnel , financial support, policies, or awards. In October 1982 Tigard Public Library began its BUY-A-BOOK program. This was designed to add some money to the book budget by encouraging patrons to buy new books or best sellers for the library. (Please see attached flyer.) The program resulted in $1239, either in ,book purchases or donations, :being added to the book' budget.' Currently we are designing two more programs to encourage buying Northwest materials and children's books. The children's program will suggest buying ;a book for a child's birthday. l - Help yourself and your library at the same time'-- BUY-A-BOOK! How frustrating it is to hear or read about a new book, come to the library and discover: that it is on the "wish list" because of limited book funds! You are 010 on a best seller reserve list'-- the library has one copy and it circulates for 2 weeks IF the reader returns it on time! The book wane be`a best seller by the time yourturn comes. What to do? ' Go out and buy a copy? : Wait for the paperback.edition? NO.' Ask about BUY-A -- BOOK! The library is able to purchase at a discount price. ,The library will order the book of your choice (consistent with the library's book selection policy) and when the book arrives, you donate that discounted amount to the library. You will be first to read the book. You will receive a tax deduction and the library will have a book it needed but could not afford. If you wish, a,gift'plate with your name will be placed in the book. What better gray to enrich your community, share''all our limited resources and read the new books while they're still new? AUTHOR:" TITLE:- Where did you hear/read about this book? f Y i YOUd3 NAME: DATE a YOUR ADDRESS/TELEPHONE : a May we place a gift plate with your name in this book. G UO NOT WRITE IN THIS SPACE c PUBLICph ® y e -0511 for your libra 126(W SW Main Tigard, Or.97223 � CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM'SUMMARY AGENDA.OF AGENDA ITEM A: DATE SUBMITTED: _ November 15._x,983 PREVIOUS ACTION: Copper Creek IT 4 ISSUE/AGENDA TITLE: Release of__ Was 'Placed on Maintenance i.n Novemk�g, 1982. Maintenance Bond on Cop er Creek II ', REQUESTED BY: Tualatin Development co'. and Acceptance of New Performance Bond and Engineering for Sidewalks DEPARTMENT HEAD OK: CITY ADMINISTRATOR: -.. --waaaamaamseas�xae�x_ceoom...oc=_� ------ INFORMATION SUMMARY Copper Creek II has all the public improvements in except for approximately 650 lineal feet of sidewalk. Tualatin Development Co. has brought in a new Performance Bond for $5,668.55 to cover the cost: of installing this sidewalk. They, have also requested that we release the previous Maintenance Bond on Copper Creek II. e a.vx=....sane«acme:mecmesmammes�mmama¢�atvammas:macrosmm------�svemm-=xsffisasx.ua6===ca=zmmsm=ma ALTERNATIVES CONSIDERED Deny acceptance. ::of new bond and require installation of the remaining sidewalks befcr_e we release tfhe Mai-ntenance Bond. es�eert4aarsrasa:m<mmmmme ms aiaem�vafa etmmevmmravm=va��mmmmmmoe==o¢m=seam=sa=acmmam mxi:sa�ass s=.mars zasae�m SUGGESTED ACTION Staff recommends the Council accept this new bond and authorize release of :the existing Maintenance Bond, x a INE a t 9835 0� 0 16100 9860 9825 U0 0 1 12 OU I6120 9830 9815 0) 03 0 I Q I6145 fr 18140 981040 COOK CT. 9760 v `b 161.160 PICKS CT.` �� 16165 / 9790 � 011O 0 0 0 Hca G 977® 9765 CV0 10250 a ® 9750 ® o 0 c 9730 ,6 8 �� 9725 -50 16325 16300 16335 W 1632 0 to � 16345 � ''�'� �v'd `IO 16365a w 16365 16335 Ooo' �� `� ems• rn 16335 C+ el 'Pc 16385 �* 0 0 1643 16385 ®o , �`` � T «�� gid' 16445 16450 16 305 Ota 1p ' q- 4M !0 �,r�2 r� ®�� 16 ® I647 1643 4�0 i . 16480 C.A 9846 16 �� $O� 16455 4 0. 0' 16510 °'® �y 86�sO 0 ' 560 16535z 16530 aet� 16575 = 670 LLJ 16585 r0 ® les 0 e> Rb'IClALY` LA,IE ® M I � r -4- Will am Mii is :15 1 CHUB' &SON INC. Manager FEDERAL INSURANCE COMPANY SUBDIVISION PERFORMANCE BOND Bond No. 80943950 KNOW ALL MEN BY THESE PRESENTS, that we Tualatin DevelopmentCompany, a Division of Hayden Corporation, a Uel aware Corporation - as Principal, and Federal Insurance Company a corporation duly authorized to conduct a general surety business in the -.State of Oregon, as Surety, are jointly and severally held bound unto the City of Tigard, Oregon a municipality of the State of Oregon, hereinafter called the Obligee, in the.sum of $ 5,668.55 lawful money of the United States of America, for the'payment of which we, as Principal, and as Surety, jointly and severally bind ourselves, our successors and assigns firmly by these present. THE CONDITIONS OF THIS BOND AND OBLIGATION IS SUCH, that the Principals are completing sidewalk in`Copper Creek II' _ subdivision located in the City of Tigard; Oregon; and entering into a subdivision compliance agreement with the Obligee herein, and:upon acceptance of said plat and compliance agreement, the Principals, shall make all improvements required by the City of Tigard, Ordinances and Subdivision Compliance agreement documents as described in said compliance agreement all of which are, by reference, made a part hereof, NOW, THEREFORE, if the Principal herein shall faithfully and truly observe and'comply'with the terms of the agreement and shall well and truly perform all matters and things undertaken to be peformed under said agreement and shall promptly make payments to all persons supplying labor or material for any of the work provided by said agreement, and shall not permit any lien or claim to be filed or prosecutioned against the Obligee`, then this obligation shall be void, otherwise to remain in full force and effect. In the event of suit or action be filed by the Obligee hereunder to enforce said contract or to recover under the terms of this bond, in addition to all other rights and remedies hereunder the'City, in the event it shall prevail, shall be entitled to recover such sums as the Court may adjudge reasonable as and for attorney's fees. IN WITNESS WHEREOF, the parties hereto have caused this bond to be executed this 8th day of November 19 83 y which will expire November 8, 1984. Tualatin Development Company By: (seal) a Division of Hayden Corporation Name of CorporatyonT 1 By: (seal) By: i e resident By (seal.) Byi % L ltnesr• for ure Secretary ce Company $, (Corporation acknowledgement of corporate Federal Insuran _ principal and a true copy of the Power Surety of Attorney must be attached to the original of this bond.) Ln^ Attorney-x act N-7000(5M) x/5.02-91(F.--1v 11152F) WE IW Certified COPY of POWER OF ATTORNEY Knot all Palen by these Presents,That the FEDERAL INSURANCE COMPANY,51 J.F.Kennedy Parkway,Short Hills, N.J.,a New Jersey Corporation,has constituted and appointed,and does hereby constitute and appoint Nancy L. Kummer, Raymond B. 'White; James R. 'Daly, Hartley P. Walker and Leslie L. Rudat of Pittsburgh, Pennsylvania---------------------------.-----.---------------- each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise,bonds of any of the following classes,to-wit: T. Bonds and Undertakings filed in any suit,matter or proceeding in any Court,or filed with any Sheriff or Magistrate,for the doing or not doing of anything specified in such Bond or Undertaking. 2_ Surety Bonds to the United States of America or any agency thereof,including those required or permitted under the laws or regulationsrelating to Customs or Internal Revenue;License and Permit Bonds or other indemnity bonds under the laws,or- dinances or regulations of any State,City:Town,Village,Board or other body or organization,public or private;bonds to Transportation Companies,Lost instrument bonds,Lease bonds.Workers'Compensation bonds,Miscellaneous Surety bonds and bonds on behalf of Notaries Public,Sheriffs,Deputy Sheriffs and similar public officials.r 3. Bonds on behalf of contractors in connection with bids,proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has,pursuant to its By-Laws.caused these presents to be signed by its Assistant Vice-President and Assistant Secretary and its corporate seal to be hereto affixed this 1st day of January 19 83 " FEDERAL INSURANCE COMPANY By RAIN .0 George McClellan �. Assistant Vice-President Richard D.O'Connor Assistant Secretary STATE OF NEW JERSEY ss: County of Essex On this 1st day of January 19 83 before me personally came Richard D.O'Connor,to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the Corporation described in and which executed the foregoing Power of Attorney and the said Richard D.O'Connor being by me duty sworn,did depose and say that he is As- sistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof,that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said Com- pany and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority;that he is acquainted with George McClellan and knows him to be Assistant Vice-President of said Company,and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By-Laws and in deponent's presence. Acknowledged and Sworn to before me o. o� on the date above written. 117 / QTAR Y Notary Public PUBLIC 4,11 *'. A� PATRICM RYAR ROTARY PUBLIC OF PJEt1f JERSEY }w.a My Comnission Expires December 11, 19 83 Frnm 21-10-317(Ed."2)General �1bf } R SHORT HILLS.N.J. as. County of Essex I,the undersigned.Assistant Secretary of the FEDERAL INSURANCE COMPANY,do hereby certify that the following is a true excerpt from the By-Laws of the said Company as adopted by its Board of Directors on March 11.1953 and amended May 27.1971 and that this By-Law is in full force and effect.- "ARTICLE XVIII. Section 2. All bonds.undertakings.contracts and other instruments other than asabovefor and on behalf of the Company which it is authorized by law or its charter to execute.may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice-Chairman or She President or a Vice-President.jointfy,with the Secretary or an Assistant Secretary.under their respective designa- tions except that any or more officers or attorneys-in-fact designated,in any resolution of the Board of Directors or the Executive Committee,or in any power of attorney executed as provided for Section 3below.may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the Vice-Chairman or the President or a Vice-President or an Assistant Vice-President,jointly with the Secretary or an Assistant Secretary,under their respective designations." And I further certify that I have compared the foregoing copy of the POWER OF ATTORNEY with the original thereof and the same is a correct and true copy of the whole of said original Power of Attorney and that said Power of Attorney has not been revoked. And I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each ot.the States of the Unified States of Ameriea.District of Columbia.Puerto Rico,and each of the Provinces of Canada with the exception of Prince Edward Island:and is also duly licensed to become sole surety on bonds,undertakings.etc permitted or required by law. Gi}en unuer my.hand and the seat of said Company at Short Hilts. N.J..this_-- day of i E Assistant Secretary ° ) 3 RD, OREGON CITY OF TIGA COUNCIL. AGENDA ITEM SUMMARY AGENDA.OF': /l/ ilr!/1rFtp/`1� AGENDA ITEM 0: DATE SUBMITTED: November: 15, 1983 PREVIOUS ACTION:' Bellwood` 13T was ISSUE/AGENDA TITLE.s Sidewalk Bond placed on Maintenance in Auaust'19s0�. for Bellwood III and Release of PEQUESTED :BY: Branson Builders and Maintenance Bond Engineering DEPARTMENT HEAD OK.- CITY ADFlINISTRATOR: =—�'---�—"-- a�sasais�zc� �sGr� s �4fsBS�i—� INFORMATION:SUMMARY Bellwood III has all of the public improvements installed except for some sidewalks. They have brought in a performance bond in the amount of $14,000 to cover the cost of installing the sidewalks and are requesting that we release their:Maintenance Bond on the remaining public improvements. o smsmmsaam►3ffimoemahsem�rxxaaaeffisfxe�rBmssas�easmsessrmmexsaasaeacvsosaw�sa.sessssessssma�saf®ssscssmmassc4 ALTERNATIVES CONSIDERED Deny accepting their new bond and requi:reinstallation of the remaining sidewalks now. T �axarrevtan rc�ecat tassnenf aa�sxeas¢xssRassws®emvfesswr+aysa.....sws:sssaacasa: usnnsa.....s SUGGESTED ACTION Staff recommends the city Council accept this new bond and authorize release of the existing Maintenance Bond. - iii: U -- l ( H a rtFord.Connecticut ' (A STOCK COMPANY) Bard No- 661F577-1 CONTRACT BOND I KNOW ALL MEN BY THESE PRESENTS,That we 1 +qBRAY, ON BUi 1 RFR TNr - I called the Principal,and THE TRAVELERS INDEMNITY COMPANY,called the Surety,are held and firmly bound unto the City of Tigard, Orpgnn called the Obliges,.in the sum'of Fn11DT97Fl`L1HMIS.ANI'—and ----- ..-----------------nn�1n0 o Dollars(SltL,nnn nn ),for the payment whereof said Principal and Surety bind themselves firmly by these I presents. I P WHEREAS,the Principal has,by written Agreement,dated November 22 1983 I entered into a contract with the Obligee for the°construction of 17Q4 lineal feet of sidewallc in Bellwood addition III I I I awpy of which is by reference made a part hereof) .. NOW,THEREFORE,the condition.of this obligation is such,that if the Principal shall faithfully perform the contract on his part,free and clear of all liens arising out of claims for labor and materials entering into the construction,and indemnify and save harmless the Obliges from all loss,cost or damage which he may suffer by reason of the failure so to do,then this obligation shall be void;otherwise to remain in full force and effect. PROVIDED,HOWEVER,that no suit shall be brought on this bond after the 22nd day of Novenher 19--BA— SIGNED,SEALED AND DATED this 1 Qth _day of November J. W. BRAYSntl BIITLQER, TNC. By Jim Brayson, Jr., Presi e�nt-- e Travelers Indemnity Company, By: Donald E. Reeler AM rn.y.tn-ia ' Affemoq-7.-C I !-dF6 &Fv.11- 51 U.Ap,11 149a I The Travelers Indemnity Company � Hartford,Connecticut POWER OF ATTORNEY s l I KNOW ALL MEN BY THESE PRESENTS: 'f Y,a corporation of the State of Connecticut, That THE TRAVELERS INDEMNITY COMPAN does hereby make,constitute and appoint y Donald E.`Reger of Portland, Oregon f 1 i .its true and lawful Attorney(s)-in-Fact,with full power and authority,for and on behalf.of the Company l C te and deliver and affix the seal of the as surety, to execuompany thereto,if a seal is required,bonds, undertakings,reco t izances,consents of surety or other written obligations in the nature thereof,as follows: Any and all bonds, undertakings, recognizances,'consents of surety or other written obligations inthe nature thereof and to bind THE TRAVELERS INDEMNITY COMPANY thereby,and all of the acts of said Attorney(s)- { in-Fact,pursuant to these presents,are.hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect: ARTtc!-t:lY:St cno,*13. The Chairn in of the Board,the President,the Ch n vi of the 1--i .ince Co mate., I r I.xecutive Vice.President,any Sete Vice Proe„detVice or{rxent puhcp td erVice td re thott ty t.is 4 Sec etary or a i- Departs a tt Secretary may ippattorneys-in-fact - i .'and ath<thc seal of the Co in their np ny.[hcreto bonds,undertakings,owers of attoruf�',for and ecbehalf l,h zanc the Conipa >(su eq or other d del[ten obligations in the nature.thereof and.inv of said officers lna}remove an}such atlontcy-ut-(ut or agent all re-oke the.Fm cr and authority given to hun. '. 'ARTICLE IV,St CTutx 15. Any.bond,undertaking cc.gnaa ue consent of nett'or written obligation in the :.naturc.thercof h.iII be valid and bindingupoti.the Company hen fined by clic CIn rn t u(.the Board,,the 'any VuetPres dent�ortam SecondVicePresidenance nt and dal}atte tted and eealed d(ta seal ts equ,redcby ly Sec- - reCrry nr any,DepartmentSecretary.or.i tv Assistant Secretary oravheti signed by.the Chairman of the Board, X the President he Ch airman of the Fin ce Comm ttce,attj:'Executive Vice Pres dent:seal Sesur requ red President, adut y Y any Vice Pre dent or any Second Vice President and counters geed and Baled,i tten l obligation i nt[he, ll-fa�t or thereof shall bed valid a noch d bindingtupon thet Company 1z hen ednlh exec,consent uted surety and sealed,ia ;. seal atiois n in th.by one or.more attorneys-in-fart or agents.pursuant to and within the limit>.o(the authority . 'granted by.his or their power or powers of attorney. : t This power of attornev is signed and sealed by OMPANY at the following a meeting dulyy called lledd facsimile under and by the authority s tion adopted by the Directors of THE TRAVELERS INDEMNITY C and held on the 30th day of November,1959: VOTED: That the signature of any officer authorized by the Bylaws and the Company seal may a affixed by t facsimile to any power of attorney or special power of attornoy or certifi anon of either given for the execution of any when so used being hereby aaoptedce or by the Company as he,-written the original signature of such ofion in the nature there fices"crand the or,gi al se'nature and aal tto be valid and binding upon clic Company with the same force and effect as though manually o-the Company, affixed, 1 i This power of attorney revokes that dated September 15, 1967 on behalf 3 of Donald E. Reger ---- --- IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caul d1these presents to be signed by its proper officer and its corporate seal to he hereunto affixed this day of March 19 73 . THE TRAVELERS INDEMNITY COMPANY i 4 LpoE,}t by 4 Secretary,Surety •rif '- T S f State of Connecticut,County of Hartford—ss: March in the ytar1973 before me personally On this 30th day of came F.A.Houser III to me known,who,being by me duly sworn,did depose and say:that he resides in the State of Connecticut;that he is Secretary(Surety)of THE TRAVELERS INDEMNITY the seat COaid c NY, the corporation described in and which executed the above instrument;that he knows the seal of said cof his i. ration-;that the seal affixed to said instrument is such corporate seal;that it was so affixed by authority of his office under the by-laws of said corporation,and that he signed his name thereto by like authority. ..�aAN ssaAfE�`'`f �R�./,(ifilLi�f�..>✓'iy'ZaQ�j-ji�f.�'� h; N6Y ddY- e ruattc « Notary Public coN�Ee�t My commission expires April 11 3.979 p- (Over) S.I969 R-A-73 r xrro n:u.,.+. I ai civ CID 00. s r n h (I- fl- to N N 'c .as tc 5 T O, GD � thV N N LI' tV N 1 I S.W. KATHERINE TI;2EET \2zblo 12140 12155 0cm f- elf 1 U,) 12tC,0 N N N:. -- 12!65150 ti h 12,75 en 9R. N �J 12185 17u V1l9LL S P1'ci80 L, 200 1'2755 12205 r 12200 W 12180 12215 N + 12605 Q 12230 © !22'25 12.220 12200 12245 `,L1 ® , s '� rs 12235 1224 ' 12240 ` N12230 1226 12250 -� two 1225 } `m t228 27eN� 43 12265 c1.._ °�' L2 300. 112285 12305 • " Iz��lS� ;.y.. X305 a��o5 � � � N - '" aq I2445: i et+ 12r 6D:` 400, t2335 12320 �� y 5® ,b 12360 1 e1to. ''1395 12"6335 ®Q ?. 12. 12400 N et! en 1244 x24 N a by to a 12470'I :��, ; ® L N 3 1246 12$ 5 �� ci 12450. 12470 12452 ` 1250 �� /2g> e 12475 1246 5 1248020 SSs 12800 1249$ 1251x3 �. ffi 12$35 12505 4� 12600 - �.,m. — 12602 en 125 5,°'1 0 123362 N 12'§8$ tt5 12580 to cA V N i 126Q5 '1 — 12601) �, n ;a„ h u) h 12623 � 12650 12949 12921 ----. 12755 I 12655 S. °IARIE C 12730 ppp 12705 'N 0 0 ` 12,919 $ �{s1.ty 12.91 9 61j .1 M W.." �✓ a 12725 � 12730 In D�iIn on t to rr 01 92755 12760 ® ni vqpq CITY OF TIGARD. OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA.OF: 12/19/83 AGENDA ITEM h: F-'� DATE SU ILTED: 12/2/83 PREVIOUS ACTION: Authoriz�.tion to ISSUE/AGENDA 'PYTLEs Resolution Execute Deeds granted by Council_�3/83. setting a hearing regarding'` transferring City property REQUESTED BY: Director of Public off 124th to private ownership. Works CITY ADMINISTRATOR: DEPARTMENT HEAD OK: 3S8$�!I?BASY-� ..Qnan �2AF:.Exsaasass.aanlr:mcm��__=c=mac_= INFORMATION SUMMARY The City Council of the City of Tigard previously agreed that it in the best interest of the community to return undeveloped, unused real property to private ownership and, thus, to 'the. tax roll of the community when such property has no known or forseeable public ownership value; and in the particular_ case of this real property, on:May 23, 1983, the City Council reafirmed that the aforementioned pre- mise was applicable, having been derived from the following, findings of fact: 1) The land was originally conveyed to the City in 1969, in the course of platting of Brockway subdivsion; part of it being dedicated public right-of-way and part of it being greenway. forseeable public use in 1979, in the course 2) the land became of no practical or of the platting of Lake Terrace No. 2-subdivision. 3) That the City, in conjunction with the original owner and developer of Brockway subdivision, desires to return the land to the tax roll by conveying said land to abutting lot ownerships. 4) That the abutting ownerships are ammenable to acquiring said land and will be assuming the tax burden thereof, even thought the physical"area of the land is not of sufficient size to .permit construction'of a dwelling unit thereon. �. over -- •= .��.�.�.��®...�.Q�:®.ems.®Asp.a.�...g��a.;ems..��.��.ffi....�......�.�....a��.��........... ALTERNATIVES CONSIDERED 4 o:acom sam ueaaaams agar®rep,.®®®®wa.wa�.maes ir,s®aeuwaw®.e¢..�e..ac�®aamwas ree..m.cwmsx...a...n®.sm.n.tan.rsa SUGGESTED ACTION Council pass the Resolution and upon holding Staff recommends that the hearing, approve and sign the attached quit-Claim documents to complete this property transfer. f' l The City Attorney recommended documenting this action via enacting resolution and holding a public hearing. Subsequentlylease find , submitted herewith, p three (3) Quit Claim documents and a resolution which will facilitate completion of .this action. ! ' r CITY OF"TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY' AGENDA OF: 12/19/83 AGENDA ITEM h: DATE SURMnvED: December '8. 1983 PREVIOUS ACTION: ISSUE/AGENDA TITLE: NPO Appointment - DOUQ Vezina NPO kkb REQUESTED BY: WAM DEPARTMENT HEAD OK: U� CITY ADMINISTRATOR: INFORMATION SUMMARY Doug Vezina of '8855 SW Scheckla Drive has been recommended by both the NPO Review Committee and the Planning Commission for membership on NPO #6- Mr. Vezina's 6.Mr.''Vezina's application is attached. If appointed, Mr. Vezina will bring the membership total to nine. ALTERNATIVES CONSIDERED The Council may accept Mr. Vezina's application. m��=rs.x��rxr»_,xx�»=cr_==saw.--�••-----'-c=====o==a===c=�»»»====c=====ax==__=_= us c=mac=� 1' SUGGESTED ACTION Staff and the Planning Commission recommended that the City Council. approve Doug Vezina as a'member of NPO #6. IMARM 2 TR 9 N P r, A P P 1. I t' A '1 ii, r• QUESTION What are NPO's' AN'S WF.R: The function of each NPO is to be involved in all phases of the Comprehensive Planning process and the implementation of those "plans; to review City plans; policies, projects or other actions affecting the livability of the neighborhood, including, but not limited community, `facilities, to, land use, zoning, housing, human resources, Social and recreational programs, traffic and transportation„environ- mental quality, open space and"parks: ' to participate in the process of determining City priorities for capital improvements and development of specific project plans; to keep the neighborhood informed; to seek neighborhood opinion on,issues brought before them; to represent the views of the neighborhood in matters of extra neighborhood importance. } PLEASE COMPLETE THE QUESTIONS BELOW \ � ADDRESSC \ j NAtCE CXi(- V(Z Z 1 dt rr (Res.) (y3cl TELEPHONE NUMBER (Bus.) ti�-o`-ID1 PRESENT OCCUPATION FIRM NAMEh, '11 I HOW LONG HAVE YOU BEEN'EMPLOYED WITH THIS FIRM? ,I �iC1 4 IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA? Q f HAVE YOU BEEN INVOLVED WITH MUNICIPAL OPERATIONS BEFORE? IF YES, PLEASE EXPLAIN YOUR INVOLVEMENT: i WHAT 1Ki YOU_FEEL YOU CA:: OFFER AS A t.iL•).iBER OF AN N—,0? LW1�� f~IY1Cn. La 7j�( 23AAnd no PLAtyn�f�(, pt>�ac �ItcM 4' ► Rom IT�,p,p�-4 i> ADDITIONAL COMMENTS: fA �P'!a`G1��i-)� �F P Tf,l.t— i to �E-r / � S of ir)r-: 'J2 1,F0 OF L. -- + 1�� ;IIUYT�iH:U L�N�� l'l11 Ct0,1S G� rri SYS OF THE- DAYTIME TELEPHONE. Emma, .. CITY OF TIGARD, OREGON COUNCIL AGENDA'STEM SUMMARY AGENDA OF s1 AGENDA ITEM h: f� DATE SUBMITTED: 12/12/83 PREVIOUS ACTION: 3 ISSUE/AGENDA TITLE: Wilsonville & N. Plains MACC Resolutions REQUESTED BY: IMACC DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY The proposed resolutions will grant permission for Wilsonville and North Plains to joint .MACC. The intergovernmental agreement requires unanimous consent of members to allow a jurisdiction to join. ' These communities will sign the same franchise agreement as everyone else with one exception. ' The ;construction`deadline will be December 31, 1984 not June 8, 1984. This was a condition Storer imposed which is agreeable to both cities and to the nACC board. a f ALTERNATIVES CONSIDERED S , + SUGGESTED ACTION Staff recommends approval of resolutions to grant permission for Wilsonville and North Plains to join MACC. W NOTE: This is a model resolution to assist Commission members in developing a document for approving ,both the entrance of the City of North Plains into MACC E and authorizing the amendment of ,the Franchise Agreement to make North Plains a party. It is important to'remember that although this may meet the ordinance requirementsofBeaverton, it may not be entirely appropriate for ; other jurisdictions. commissioners should forward it to legal counsel within their communities to assure that it meets that jurisdiction's ordinance, charter or other requirements. RESOLUTION NO. A RESOLUTION PROVIDING THE CITY OF AUTHDRIZATION A FOR THE ;X ENIM2ff OF BOTH THE INTERGOVERiVEI'�I`1EI�TAL ACI'�EFi�1ENT ENTITLED, "INIERGOVERN,-NTAL COOPERATION AGREEMENT - METROPOLITAN AREA COWLINICATIONS,COMMISSION" AIM THE ADOPTED CABLE COMMUNICATIONS SYSTa2 FRANCHISE AGREEMENT TO PERMIT ANDD THORIZE THE CITY THE METROPOLITAN OF NORTH PLAINS, OREGON TO BECOME A MIlMER CpN t[3NIC9IZONS COMMISSION AMID A PARTY AREA TO fiNE FRANCHISE AGRI�NT, AS ADDENDED FOR NORTH PLAINS. doption of the Cable Communications System WHEREAS, subsequent to the a c Franchise Agreement (hereafter Franchise Agreement) between siie jurisdictions � in the Metropolitan Area Communications Commission (hereafter participatia Commission) and Storer Metro Communi.cations, 'Inc. (hereafter Grantee), and subsequent to acceptance of the Franchise Agreement by Grantee and approval by the Ccumission of the construction schedule submitted by Grantee, the City of at it be permitted to became a member of the North Plains, Oregon, requested th Coumission by amendment of the Intergovernmental Cooperation Agreement - Metropolitan Area Communications Commission (hereafter Intergovernmental Agreement) and further, by amendment of the adopted Franchise Agreement, that it beccqre a party to the Franchise Agreement with Grantee; and LEAS, Section 9.C. of the Intergovernmental Agreement provides that , the Commission may allow other units of local government ter into the to enpossible imposition of an entrance � Intergovernmental Agreement, subject to the , fee or cost; and WIL,�t.FA.S, it would constitute an amendment of the Intergovernmental to add the City of North Plains as a member of the Commission and Agreement Section t ad the Intergoverrar;ental Agreement requires written authorization by the governing bodies of all members of the Commission for any amendment to the Intergovernmental Agreement subsequent to commission approval of the Request for Proposal; and f s g MAW t W�IERFAS, it would constitute `an amendment of the Franchise Agreement adopted by ;the jurisdictions comprising the Commission to allow the City of North Plains to enter into and become a party to the Franchise Agreement with I Grantee, and such amendment requires the written concurrence of the governing body of each member jurisdiction of the Commission; "and WHEREAS, as a condition of approval. by Grantee, the Franchise Agreement between the City of North Plains and Grantee shall contain an addendum which will:have the effect of delaying construction completion within the city until December 31, 1984, rather than the June 8, 1984, date for construction completion within the other jurisdictons; and E WHEREAS, the North Plains City Council, by resolution, has authorized North Plains' entering into the Intergovernmental Agreement, ratified and g ugh 81-5; 82-2 through 82-8 and - approved Commission Resolutions Nos. 81-2 thro 83-1 'through 83-5, which amended the original Intergoverroental Agreement, and Resolution 82-1, which approved the construction schedule submitted ,by grantee and established February 10;• 1982 as the effective:date of the Franchise and has appointed a Commission and an Alternate Commissioner to represent the { City; and hJEAS, Grantee has agreed in writing to the,addition of the City of North Plains to the Commission and as a party to the Franchise Agreement, e providing there is an addendum made to the Franchise Agreement ,between North Plains and Grantee, which would have the effect of delaying the completion of 1984 system construction with the city until December 31, , and WHEREAS, copies of said Agreement by Grantee and the addendum are attached hereto, marked "Exhibit A" and "Exhibit E°', respectively, and by reference incorporated into this resolution as though fully set forth herein; and WHEREAS, the Commission has considered the request and tentatively reed on October 5, 1983, goverrn;2ntal Agreement and a to amend both the Inter g providing thegoverningbodies of all members the adopted Franchise Agreement, p ng of the Commissionauthorize and concur with such amendments; and WHEREAS, the City Council having considered the matter and having deemed it to be in the best interest and general welfare of the citizens of the City ofr< C c to authorize the amendments to the Intergovernmental Agreement and theFranchise Agreement 'by allowing the City of North Plains, Oregon to join the Commission as a full member and become a party to the Franchise Agreement; now, therefore, i d r `4 c 1 i. Mom i ` BE IT RESOLVED AICD ORDERED By THE CITY COUNCIL OF AS FOLLOWS Section 1. The C=mission is hereby authorized by the City of to amend the Intergovernmental Agreement and Franchise Agreemnt^as necessary and as requested by Grantee regarding the construction schedule to allow the City of North Plains, Oregon to enter into the Intergovernmental Agreement and become a full member of the Commission and become a party to the Franchise:Agreement, with all the attendant rights, duties and obligations arising from both Agreements, such authorization and concurrence being given in accordance with and as required by Section 9.E. of ` the Intergovernmental Agreement and Section`:1.5 of the adopted Franchise Agreement. Section 2. The City Council, by this Resolution, understands and agrees that should any subsequent events arise which the Commission deems to be sufficient to preclude such amendments to the Intergovernmental Agreement and Franchise Agreement, the Commission may decide not to amend the Agreements in such a manner. Section 3. The City Recorder shall deliver forthwith a true copy of this Resolution to the Administrator of the Ccxrmission. Adopted by the City Council of the City of � .. Oregon this day of 1983. 'Ayes; Nays ATTEST: APPROVED NOTE: This is-a model resolution to assistCommission members in developing a document for ;approving both the entrance of the City ofWilsonvilleinto MACE and authorizing the amendment of the Franchise Agreement to make Wilsonville a party. It is important to remember that although this may`meet the ordinance requirements of Beaverton, it may not he entirely appropriate for other jurisdictions. Co missioners 'should forward it to legal counsel within their ccmmunities to assure that it meets that jurisdiction's ordinance, charter or other requirements. RESOLUTION NO. A-RESOLUTION PROVIDING THE CITY OF AUTHORIZATION FOR THE AMEi NL 'T OF BOTH THE INTERGOVEf 11�ENTAL AGREEMENT ENTITLED, "INTERGOVERNIENTAL' COOPERATION AGREEMENT METROPOLITAN AREA NNTCATIONS CO�klISSION" AND THE ADOPTED CABLE COMMUNICATIONS SYSTEM FRANCHISE AGREEMENT TO PERMIT AND AUTHORIZE THE CITY OF WILSONVILLE, OREGON TO BECOME A MEMBER OF 1H'METROPOLITAN AREA COhMUNIICATIONS COMMISSION AND A PARTY TO THE FRANCHISE AGREEMENT, AS ADDENDEDFORWILSONVILLE. WHEREAS, subsequent to the adoption of the Cable Communications System ; Franchise Agreement (hereafter`Franchise Agreement) between the jurisdictions participating 'in the Metropolitan Area Communications Commission'('hereafter Omission) and;Storer Metro Communications, Inc. (hereafter Grantee), and subsequent to acceptance of the 'Franchise Agreement by Grantee and approval by the Commission of the construction schedule submitted by Grantee, the City of Wilsonville, Oregon, requested that it be permitted to become a member of the Coumission by amendment of the Intergovernmental Cooperation Agreement - Metropolitan Area C^qjmunications Commission (hereafter Intergovernmental Agreement) and further, by amendment of the adopted Franchise Agreement, that it become a party to the Franchise Agreement with Grantee; and WHEREAS, Section 9.C. of the Intergovernmental Agreement provides that the Commission may allow other units of local government to enter into the Intergovernmental Agreement, subject to the possible imposition of an entrance fee or cost; and WHEREAS, it would constitute an amendment of the Intergovernmental Agreement to add the City of Wilsonville as a member of the Commission and Section 9.E. of the Intergovernmental Agreement requires written authorization by the governing bodies of all members of the Commission for any amendment to the Intergovernmental Agreement subsequent to Commission approval of the Request for Proposal; and r. SEAS, it would constitute an amendment of the Franchise Agreement adopted by ;the jurisdictions comprising the Commission to allow the City of Wilsonville to enter into and become a party to the Franchise Agreement with Grantee, and such amendment requires the written concurrence of the governing body of each member jurisdiction of the Commission; and WHEREAS, as a condition of approval by Grantee, the Franchise Agreement between the City of Wilsonville and Grantee shall contain an addendum which will have the effect of delaying construction completion within the city until December 31, 1984, rather than the Jure 8, 1984, date for construction completion within the other jurisdictons; and (%TlEREA.S, ;the Wilsonville City Council, by resolution, has authorized Wilsonville's entering into the Intergovernmental Agreement, 'ratified 'and approved Commission Resoleaions-Nos. 81-2 through 81-6;" 82-2 through 82-8 and 83-1 through 83-5, which amended the original. Intergoverrimental Agreement, and Resolution 82-1, which approved the construction,schedule submitted by grantee and established February 10, 1982 as the effective date of the Franchise and has appointed a Commission and an Alternate Commissioner to represent the City; and W1MV-AS, Grantee has agreed in writing to the addition of the City of Wilsonville to the 'Commission and as'a party to the Franchise Agreement, providing there is an addendum made to the Franchise:Agreement between Wilsonville and Grantee, which would have the effect of delaying the completion of system construction with the city until December 31, 1984; and WHEREAS, copies of said Agreement by Grantee and the addendum are attached hereto, marked"Exhibit A" and "Exhibit B", respectively, and by reference incorporated into this resolution as though fully set forth herein; and WHEREAS, the Commission has considered the request and tentatively agreed on July b, 1983, to amend both the Intergovernmental Agreement and the adopted Franchise Agreement, providing the governing bodies of all members of the Commission authorize and concur with such amendments; and WHEREAS, the City Council having considered the matter and having deemed it to in the best interest and general welfare of the citizens of the City of / to authorize the amendments to the Intergovernmental Agreement and the Franchise Agreement by allowing the City of Wilsonville, Oregon to join the Commission as a full member and become a party to the Franchise Agreement; now, therefore, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF AS FOLLOWS: Section 1. The Commission is hereby authorized by the City of " to amend the Intergovernmental'Agreement and Franchise Agreement as necessary and as requested by Grantee regarding the construction schedule to allow the City of Wilsonville Oregon to enter into the Intergovernmental Agreement and become a full member of the Commission and become a party to the Franchise Agreement, with all the attendant rights, duties and obligations arising from both Agreements, such authorization and ' concurrence being given in accordance with and as required by Section 'g.E. `of the Intergovernmental Agreement and Section 1.5 of the adopted Franchise Agreement. Section 2. The City Council, by this Resolution, understands and agrees that should any subsequent events arise which the Commission deems to be sufficient to preclude such amendments to the Intergovernmental Agreement and Franchise Agreement, the Qxmission may decide not to amend the Agreements in such a'manner. Section 3. The City Recorder shall deliver forthwith a true copy of this Resolution to the Administrator of.the-Commission. 4- Adopted by the City Council of the City of , Oregon this day of Ayes: Nays ATTEST: APPROVED: { MCI 900 , METROPOLITAN aCOMMUNICATIONS COMMISSION P.O. Box 1957 4950 S.W. Hall Blvd. Beaverton, Orega Ka? 075— ^�Pho`ne02I8 � Ct"l Cr I 1 f i s � ' P- November 18, 1983 NOV 1,983 TO: Board of Commissioners FROM: Bill Tierney RE: Wilsonville and Forth Plains' Resolutions Enclosed are sample resolutionswith exhibits for your Council/Commission to grant permission for Wilsonville and North Plains to join MACC. The intergoverrmeental agreement requires unanimous consent of members to allow a jurisdiction to join. Please have your resolutions returned as soon as possible. I would hope all jurisdictions can act prior to the egad of January. These ccumunities will sign the same 'franchise agreement as everyone else with one exception. The construction deadline will be December 31, 1984 not 'June ' 8, 1984. This was a condition Storer imposed which is agreeable to both cities and to the MACC Board. wJT:gp kr mora - CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY` AGENDA OF: 12/19/83 AGENDA ITEM 6: Consent fes, I DATE S€&MITTED: 12/8/83 PREVIOUS ACTION: N/A ISSUE/AGENDA TITLE: Ratif Y Council Calendar' REQUESTED BY: ' City Administrator DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY At its 12/5/83 meeting, Council picked Monday evening, 1/16/84, for its Goals"Workshop. Council asked if Dr. Sheldon Edner from Portland State would facilitate and at"what cost? Dr. Edner has agreed to assist at no charge but isn't available until 1/23/84. Staff suggests flipping the 1/16/84 and 1/23/84 meetings. At its 12/7/83 meeting, the Budget Committee selected Wednesday evenings vs. Thursday for its meetings. Y • �szBsvffimenxaasswmwcsasseazm�sasxzaaeaxeszmem�;ag�ta�asmm:wxaszcsszmzzzsssas.^.ra=acz yas»=-.-ass$xaezzmssz ALTERNATIVES CONSIDERED N/A SUGGESTED ACTION Ratify attached calendar, calling a 1/16/84 Special Meeting for January business and setting the 1/23/84 Regular Meeting for Council Goals, 5:30 P.M. at City Hall . M E M O R A N D U M TO: Mayor and City Council December 19, 1983 FROM: Bob Jean, City Administrator SUBJECT: Revised''Council Calendar 1 have outlined the meeting schedule as 1 understand it, trying to get to the two regular meetings per month as Council has suggested, and not using Saturday workshops. - 12/19/83 - Monday, Council Special Meeting - 12/26/83 - No Council Meeting, Holiday 01/02/84 - No Council Meeting, Holiday - 01/09/84 - Monday, Council Regular Meeting 01/16/84 - Monday, Council Special Meeting 01/23/84 - Monday, Council Regular Meeting, Goals Workshop (5:30 P.M.) 01/26/84 Thursday, Washington County Officials' Caucus 01/30/84 - Monday, Special City Council Meeting, Space Needs - 02/06/84 - No Council Meeting 02/08/84 Wednesday, Budget Committee 02/13/84 - Monday, Council Regular Meeting 02/15/84 - Wednesday, Budget Committee - 02/20/84 - No Council Meeting - 02/22/84 - Wednesday, Budget Committee - 02/27/84 - Monday, Council Regular Meeting 02/29/84 - Wednesday, Budget Committee 03/05/84 Monday, Council Executive Session (Administrator Progress Review) 03/07/84 - Wednesday, Budget Committee - 03/12/84 - Monday, Council Regular Meeting 03/14/84 - May Election Filing Deadline 03/19/84 - No Council Meeting - 03/26/84 - Monday, Council Regular Meeting - 03/27/84 March Election Day ;. RPiJ/pn - tt CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: AGENDA ITEM k: ° DATE SUBMITTED: 1 PREVIOUS ACTION ISSUE/AGENDA TITLE:i,ihr^ R�arrl RP_ Quest fQr PrnfPG�i nnaL�Prvi APs REQUESTED BY: Library Board DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY Attached is letter from the Library Board requesting authorization for up to $2500. for architectural services and $2500 for financial services to review the space needs proposals. .eased=ressaeesa=sera:assess==s=ssscasssrc=-=csscr.=n-s=s===s_ ALTERNATIVES CONSIDERED SL"GGESTED ACTION �~ Staff recommends approval from contingency of up to $2500 for architectural services and $2500 for financial services and that payment from authorized bill not exceed that amount, I' j i, ` MEMORANDUM December'14, 1983 k TO: City Council FROM: Walt Munhq Chairman, Library Board-Space Needs III Review Committee' SUBJECT: Funds for architectural and financial review of proposals. 1; The Review Committee will begin reviewing proposals for Space Needs III at its meeting of December 22,-1983. Following that preliminary review the Committee feels that an architect's review of proposals submitted is necessary. At the Review Committee meeting on January 5, '1984 the committee will continue the review process -along with the architectural comments and recommendations. January 12, 1984 the Committee willi(nake preliminary final selections. FolAwing that meeting the Committee wishes to submit those selections for 'a financial review. On January 19, 1984 the Committee willdo a final review and formulate its recommendation-;to City Council. Therefore, as Chairman of the Space Needs III Review Committee, I request that City Council authorize expenditure of funds for architectural services and financial services not to exceed $2500.. for each. C 100 F k