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City Council Packet - 03/26/1984
P TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR'MEETING.AGENDA agenda,item needs to sign on the appropriate € m MARCH 26,'1984, 7:30 P.M. sign-.p sheet(s) If no sheet is available, FOWLER JUNIOR HIGH ask to be recognized by the Chair at the start` y 10865 SW WALNUT are asked to be kept to2 minutes or less; of that agenda item. Visitor's agenda items H m TZGARD, OREGON 97223 ' longer matters can be set for a future Agenda by con tatting-either the Mayor or City Administrator. 0 1. REGULAR MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance w 1.3 Call To Staff and Council For Non-Agenda Items N s 7:35 .2. DESIGNATE COUNCILOFFICERS � 2.1 Resolution Mayor Pro-tem. 2.2 Designate Council President Pro-tem. 0 City Attorney 7:45 3. VISITOR'SAGENDA (2 Minutes or Tess, Please) 7:50 4. EMPLOYEE RECOGNITION - 5'year employees o ,Presentation byMayor Pro-tem 8:00 5. KEY TO THE CITY PRESENTATIONS -`Susan Sheridan/Ron Latham/Mark Christen/ E Bob Bledsoe/Geraldine Ball o ; Presentation by Mayor Pro-tem 8:05 '6. RESIDENCY'REQUIREMENT 6.1 TMC amendment Ordinance No 84- 6.2 Residency Extension Resolution No. 84- 0' City Attorney 8:15 '7. DARTMOUTH STREET`LID PUBLIC HEARING 0 Public Hearing Opened (continued from 3/12/84) o Summation by Director of Public Works 0- Public Testimony: "Proponents, Opponents,' Cross Examination o Recommendation of Director of Public Works 0' Public Hearing Closed o Council Consideration/Direction to Staff 10:00 B. RESIDENTIAL HOMES REPORT o Director of Planning & Development ?0:15 9- PAYLESS SECURITY MATTER o Chief of Police 10:30 10. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 10.1 Approve Council Minutes - 3/12/84 10.2 Receive and File: o City Administrator's Replacement Vehicle Report o Cook lane LID Memo o Departmental Monthly Reports 10.3 Accept MLP 9-81 Non-Remonstrance Agreement 10.4 Approve OLCC Applications & Authorize President of Council To Sign o Greenway Pub, 12272 SW Scholla Ferry Rd., Tigard, P.MB Application o Elmer's, 14055 SW Pacific Hwy., Tigard, R Application 10.5 Accept Public Improvements: o Resolution No. 84- 21 I-Koll Business Park oResolution No. 84- 22 Picks Landing I o Resolution No. 84- 23 Fanno Greek Drive (Bonita Firs) 10.6 Approve LGPI Contract For Assistance For Collective Bargaining For 1984 And Authorize City Administrator To Sign 10.7 Approve Resolution No. 84-24 Re: Endorsement of Puget Corporation's Application For State Industrial Revenue Bond Funding 10.8 Accept Street Dedication From Trademark Homes, Inc. 10:35 11. NON-AGENDA ITEMS: From Staff & Council 10:40 12. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1)(h) to consider issues relating to pending litigation. 11:00 13. ADJOURNMENT lw/1344A T I'G A R D CI T Y C 0 U N C I L / REGULAR MEETING MINUTES - MARCH 26, 1984 - 7:30 P.M. 1. ROLL CALL: Present: Mayor Pro Tem Kenneth Scheckla; Councilors: Tom Brian, John Cook', and 'Ima Scott; "City Staff: Robert Adams, Chief of Police; Frank' Currie, Director of Public Works; Bob Jean, City ;Administrator; Bill Monahan,' Director of Planning & Development (arrived at 7:45 P.M.); Tim Ramis, _Legal Counsel; and Loreen Wilson, ,Deputy; City Recorder. 2. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS a'. City Administrator reported that 'there were no non-agenda items requested by Staff' and 'requested that the Winterlake Zone Change fee refund be included as 10.9 on the agenda and considered under consent agenda. b. Councilor Scott presented a -card to the City; Administrator and money to satisfy a'wager which she had made with him on whether or not Wilbur Bishop would resign as Mayor by March 15th. DIRECTOR OF PLANNING & DEVELOPMENT ARRIVED: 7:45 P.M. 3`. DESIGNATE COUNCIL OFFICERS a. Legal Council stated that in the absence of the Mayor, the Council President assumes his duties. However, the Charter does not specifically' address the President's duties when the Mayor resigns. In addition, the Charter does not speak to who should chair the Council meetings in the absence of the Council President. Thus Legal Counsel recommended Council approve the resolution appointing the Council President as Mayor pro tem and requested a motion to appoint a Council President pro tem. b. RESOLUTION NO. 84-25 A RESOLUTION DESIGNATING THE COUNCIL PRESIDENT AS MAYOR PRO-TEM AND AUTHORIZING A COUNCIL PRESIDENT PRO-TEM. C. Motion by Councilor Cook, seconded by Councilor Brian to approve. Approved by unanimous vote of Council present. d. Motion by Councilor Cook, seconded by Mayor pro tem Scheckla to appoint Councilor Brian as Council President pro tem. Approved by unanimous vote of Council present. 4. VISITOR'S AGENDA: No one appeared to speak. 5. EMPLOYEE RECOGNITION - 5 year employees a. Mayor pro tem Scheckla presented keys to the City for the '' following employees: Page 1 - COUNCIL MINUTES - MARCH 26, 1984 Robert Newman, Karrin Hawes, Halbert Merrill, ,Ed Walden, Robert' Landis, Pat Robertson, Teresa Killion, Irene Ertell, Russell, Williams, Joseph -Grisham, Paul Johnson, -Billie Rawlings, John Goldspink, Cindy Cranston, Randy -Stevens, Brad Roast, Penny Liebertz, Lowana Murray, Alfred Dickman, and Darwin DeVeny. 6. KEY TO THE CITY PRESENTATIONS a. Mayor pro tem Schecklapresented Keys to the City to Susan _Sheridan and Ron Latham for their service on the Park Board, Mark Christen for service on the Planning Commission and Bob Bledsoe and Geraldine Ball for their service;to the City and participation at Council meetings.' 7. RESIDENCY REQUIREMENT a. ' Legal Counsel reported that an amendment to the code had been requested by Mayor pro tem "Scheckla to change the residency requirement for Department Heads from the Urban Growth Boundary to a three county area (Washington, Clackamas, and Multnomah). b. ' ORDINANCE NO. 84-16 A0 ORDINANCE AMENDING TMC SECTION 2.06.010 AND REPEALING SECTION 2.06.050 AND DECLARING AN EMERGENCY. C. Motion by Councilor Cook, seconded by Councilor Scott to adopt. Approved by unanimous vote of Council' present. v. 8. APPROVE COUNCIL MINUTES - March 12, 1984 a. Motion by Councilor Cook, seconded by Councilor Brian to approve. Approved by unanimous vote of Council present. 9. RECEIVE AND FILE: e City Administrator's Replacement Vehicle Report o Cook Lane LID Memo o Departmental Monthly Reports a. Motion by Councilor Cook, seconded by Councilor Brian to receive and file with the exception of the Replacement Vehicle Report which will be pulled from the Consent Agenda for further discussion. Approved by unanimous vote of Council present. b. Councilor Scott requested that the City Administrator make a monthly report to Council detailing the vehicle use and maintenance and noting all meetings and reasons for the use of the vehicle. C. After lengthy discussion, Council consensus was that a quarterly report would be appropriate on the fleet management information �. (i.e. gas, oil, mileage, and repair of the vehicle). Page 2 - COUNCIL MINUTES -- MARCH 26, 1984 d Motion by Councilor Cook, seconded by Councilor Brian to receive and file report. Approved by 3-1 majority.'vote of Council present. Councilor Scott voting nay. 10. ACCEPT MLP 9-81 NON-REMONSTRANCE AGREEMENT - Corner of Ash & Frewing a. Motion by Councilor Cook, seconded by Councilor Brian to accept. Approved by unanimous vote of Council present. 11. Approve OLCC Applications & Authorize Mayor pro tem of Council To Sign o, Greenway Pub, ; 12272 SW Scholls Ferry Rd., Tigard, RMB Application oElmer's, 14055 SW Pacific Hwy., Tigard, R Application a. Mot-ion by Councilor Cook, seconded by Councilor Brian,to approve.` Approved by unanimous vote of 'Council. present. 12. RESOLUTION NO. 84-21 RESOLUTION OF THE CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTSCONSTRUCTEDWITHIN I-KOLL BUSINESS';PARK. a. Motion by Councilor Cook, seconded by Councilor Brian to approve. Approved by unanimous vote of Council present. 13. RESOLUTION NO. 84-22 RESOLUTION OF THE CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN PICKS LANDING I SUBDIVISION. a. Motion by Councilor Cook, seconded by Councilor Brian to approve. Approved by unanimous vote of Council present. 14. RESOLUTION NO. 84-23 RESOLUTION OF THE CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN SW FANNO CREEK DRIVE (BONITA FIRS). a. Motion by Councilor Cook, seconded by Councilor Brian to approve. Approved by unanimous vote of Council present. 15. APPROVE LGPI CONTRACT FOR ASSISTANCE FOR COLLECTIVE BARGAINING FOR 1984 t AND AUTHORIZE CITY ADMINISTRATOR TO SIGN a. Motion by Councilor Cook, seconded by Councilor Brian to approve and authorize signature. Approved pprov by unanimous vote of Council present. 16. RESOLUTION NO. 84-24 A RESOLUTION OF THE TIGARD CITY COUNCIL ENDORSING THE PUGET CORPORATION OF OREGON'S APPLICATION FOR APPROVAL FROM THE STATE OF OREGON ECONOMIC DEVELOPMENT DEPARTMENT TO ISSUE INDUSTRIAL REVENUE BONDS, Page 3 COUNCIL MINUTES - MARCH 26, 1984 . M A - 1,10 1-WAVM- Endo duh a. Motion by Councilor Cook, seconded by Councilor Brian to approve. Approved by unanimous vote of Council present. 17. ACCEPT STREET DEDICATION FROM TRADEMARK HOMES, INC. 72ND AVENUE AND,. SANDBURG STREET a. Motion by, Councilor Cook, seconded by Councilor Brian to accept. Approved by unanimous vote of Council present. 18. APPROVE WINTERLAKE ZONE CHANGE APPLICATION FEE REIMBURSEMENT - Russell Krueger Scholls Ferry Road/135th Avenue/Walnut Street $1,635.00 a. Motion by Councilor Cook, seconded by Councilor Brian to approve. Approved by unanimous vote of Council present. 19. DARTMOUTH STREET LID PUBLIC HEARING a. `' Public Hearing Reopened (continued from 3/12/84 meeting) b. Bob Wright, Project Engineer, recapped presentation made at 3/12/84 - meeting noting; that the construction will cost approximately $1.2 million and about $800,000 will be needed to purchase right-of-way for the improvement. ' He stated that on this date he learned that the State Highway 'Department is going to construct the improvements on Dartmouth from 68th to 69th Avenues and this area would not need to be included in the LID district. Mr. Wright also suggested that if 'Council<-finds -that some parcels are already developed and wishes to withdraw them from the district that would be appropriate at this time and would not require a new public hearing. Mr. Wright also stated he had talked with one property owner since the last hearing, Mr. John Alexander, and discussed with Council the concerns of Mr. Alexander. C. Public Testimony: Proponents: o Geraldine Ball, representing herself and DJB, Inc., reported she had the legal description checked and that it seemed in order. Also she presented a letter stating her concerns and filed a copy for the City record. She noted her property was not in the district. o LaValle Allen, NPO #4 Chairman, stated the NPO wholeheartedly supports the LID as proposed and that at the NPO's March 7th meeting they voted unanimously to recommend to Council that the Stewart property be excluded from the district. He stated that the NPO would probably follow Mr. Wright's other exemption ,• suggestions pre€.anted earlier. Page 4 - COUNCIL MINUTES - MARCH 26, 1984 O Bill Cox, Robert Randall Company, 9500 SW Barbur, Portland, 97219, stated that Pollockand Randall are in favor of the LID. The Randall Company' will want Council assistance in a street vacation for an access 'street, which currently serves some of the property, when Dartmouth is constructed. O Lou.. Christen, 17895 SW Shasta Trail, Tualatin, stated he has owned - property for 35 years in the area and cannot develop' until this street .is constructed and supported the proposal. He stated that he ';would, also be giving access to Dr. Grunbaum for his property. O Dr.. Hans: Grunbaum, Route. 3, Box 277B, Sherwood, 97140, owns a _ business' in Tigard and property that will benefit from the development of Dartmouth Street. He supported the LID. o Ann Thompson, representing Homer Williams,. endorsed Mr. Wright's proposal. Opponents: o John Alexander presented a letter which was read into the record. He stated he would be willing to have the street constructed if the Council met his conditions: 1. He should receive $35,000 for his land" not to exceed 1,740 square feet;; 2. He would receive no assessment on his ,property; 3. He receive a commercial driveway at least 30 feet wide with direct access to Dartmouth Street; and 4. that a Council sguarantee that ,no more land will be, demanded by this LID or any other dedications will be requested by the City or any other future Council. o Louise Stewart, 11190 SW 72nd Avenue, noted that this was her third time to appear before the Council on this issue. She stated that develop can recover the costs for the developers involved in the LID. However, her land is already developed and it would be economically impossible for her to stay in her home if Dartmouth Street were constructed unless her home were eliminated from the district. She opposed her property being included. 0 Gordon S. Martin, 12265 SW 72nd Avenue, stated he lives on the site. He presented various letters and maps showing an alternate route for the street improvement which would make his assessment less and require less of his land for the development. He was concerned about carrying the costs of the street improvement if his property could not be developed in the near future. He also expressed concern about a possible bottleneck of traffic flow at the intersection with 99W. Mr. Martin also requested that the development of the street be phased to allow him to pay for his share when he developed his land, o Mr, Gary Bumford, consulting engineers from Lake Oswego, representing Mr. Martin, stated that this project was for the developers and not really a public improvement project. His concerns were addressed verbally and were set out in the letter dated 3/23/84 which was presented to Council. He presented in some detail the alternate route (creek route) of the street design as discussed by Mr. Martin. Page 5 - COUNCIL MINUTES - MARCH 26, 1984 �4r o Attorney John Crowell, Morris & Dunn, representing Mr. Martin, � stated that ,the Martin's< proposal would be more. attractive to his clients, requested that the Martin .property be excluded from the LID now and that they, would< develop and -pay at the time of development of their property, and requested that more time be allowedfor Mr. Martin' to work with the project engineer and affected property 'owners to agree on a .street design. Attorney Crowell also mentioned that he was not sure that Bancroft Bonding would allow property acquisition and condemnation costs be assessed. o Legal Counsel suggested that Attorney Crowell supply the City with case law supporting his suggestions and concerns. Legal Counsel also noted that if a lawsuit was filed, as suggested by Attorney Crowell,' that the short-fall 'would not be paid by the City ,if Martin's were successful` in court, it would mean that the property m owners in the LID would have to pay cash and would not be 'allowed to Bancroft-'over a few years time. o , City Staff ind Council stated that the 'reason, that the complete construction'of Dartmouth Street is a condition of the Comp Plan and not allowed to be phased,` is at the insistence of Mr. Martin during the Comp Plan hearings over the last year and one half. Cross Examination: o Mr. Fright supported his street design recommendation. o -Mr. LaValle Allen, NPO #4 Chairman', stated that citizens in the area were concerned with the safety of residents and a solution to the 72nd Avenue traffic problems would be to develop Dartmouth and to have that development occur all at once, not phasing any construction. o Bill Cox stated that the record should show that he would support the LID if bancrofting is allowed. o Gordon Martin stated he would have not supported the full Dartmouth Street extension a year ago if he realized that it might be completed without the unanimous agreement of all property owners involved. d. Staff Recommendation Public Works Director stated that the Oregon Revised Statutes require a public hearing be held and that 66 2/3% of the property owners support the proposal. He noted that 70.5% of the property owners are in favor of the LID proposal and recommended the Council proceed with the plan as presented by the engineer. If Council wishes to make minor modifications to the proposal (i.e. excluding some properties due to development) that could be done at this meeting. If the Council wishes major changes (i.e. street location) a new public hearing would need to be advertised. o Legal Counsel gave Council some direction in addressing the Alexander requirements. He also noted that in the Business Journal publication there was an article which Councilor Scott had brought to his attention that dealt with a Randall Company lawsuit. Page 6 - COUNCIL MINUTES MARCH 26, 1984 e. Public Hearing Closed f. : Council Consideration/Staff Direction Consensus of Council that Mr. Wright did an excellent job on his proposal considering the complexity of £- .e issues. After each Councilor had an 'opportunity to express -their individual views, Councilor Cook moved to have an ordinance prepared to form the LID District with the minor modifications to the engineering report as follows: Alexander;, Vasey. Hedgpeth, and all but about 10,000 square feet of the Perty be excluded from the LID since the property was already developed. Motion seconded by Councilor Scott. Approved by unanimous vote of Council present. RECESS: 9:53 P.M. RECONVENE: 10:24 P.M. 20. RESIDENTIAL HOMES REPORT a. Director of 'Planning & Development stated that the Planning Commission and staff need more direction` in what Council wanted when this was sent back to thePlanningCommission. Mayor pro tem Schec b." kla stated this matter needs to be resolved in Salem, not in Tigard. He recommended we "live" with the 'current code and requested an update report when Salem addresses this issue. . C. After further discussion, consensus of Council was to have staff enforce current code and report back with the Legislature and the Washington County Task Force reports are received in the future. 21. PAYLESS SECURITY MATTER a. Chief of Police and Detective Sergeant Branstetter presented issue to Council noting history of "loaded firearm" ordinance and its enforcement in the City. b. James Martin, representing Payless Drug Stores Northwest, Inc. , stated that Payless has a problem with the enforcement of the firearm ordinance of the City. They feel it is in conflict with the Oregon Constitution and that it poses substantial difficulties _ for them in effectively operating security for their business in the City. They also contend that the ordinance does not speak to when or why a person may be rejected a permit to carry an unconsealed weapon. C. Legal Counsel requested a memo from Mr. Martin setting out his concerns, where he contends the ordinance conflicts with state law and requested a report on the legislative intent and history of the state laws cited. Legal Counsel also asked that the accusation of "vagueness" in the ordinance language be specifically addressed by Mr. Martin. d. Consensus of Council was to have Legal Counsel report back as soon as possible. Page 7 COUNCIL MINUTES — MARCH.26, 1984 > s q 22. EXECUTIVE SESSION: The Tigard City ,Council went into executive session under the provisions of ORS 192.660 (1)(h) to consider issues relating q to;pending litigation at 11:25 P.M. 23. ADJOURNMENT: 11:46 P.M. 6eput2yei:ty Recorder - City of Tigard ATTEST: Mayor pro tem City of Tigard (lw/1382A) d� Page 8 COUNCIL MINUTES MARCH 26, 1984 >i .__. TIMES PUBLISHING COMPANYLegal P.O.BOX 370 PHONE(503)684-0360 REC, ftb7-6373 b 3 7 3 BEAVERTON,OREGON 97075 Legal Notice Advertising v ® ❑ Tearsheet`Notice CITY OF TIGARD City of Tigard ® P.O . Box 23397 w ❑ Duplicate Affidavit Tigard, ;,Oregon 97223 ® Q AFFIDAVIT OF PUBLICATION STATEOF OREGON, COUNTY OF WASHINGTON,:)ss I Sn G an P;n " ey being first duly sworn,depose and say that I am the Advertising Director, or his principal clerk;of the m; ar mTmPG a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state;that the Leal 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: March 22, 1981+ Subscribed and w to beforemet 's F (1v1� Notary Public for Oregon My Commission Expir �)3 16/8 7 AFFIDAVIT 4S? � e'u al4f€f #3t�flys' llb�f�tC $t3L �dS�3Y if3�+ W ''£4 V g y�iCy gy�904,7 ''- °°aa AGENDA ITEM #k 3 — VISITOR'S AGENDA DATE March 26, 1984 (limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issuesnot on the agenda, but time may require that we schedule your items for a future agenda. Please contact the City Administrator as to agenda scheduling.' Thank you. NAME, ADDRESS & AFFILIATION ITEM DESCRIPTION v l DATE March 26, 1984 I wish to testify 'before the Tigard City Council on the 'following item: (Please print the information) Item Description: # 7 DARTMOUTH STREET LID - PUBLIC HEARING- Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and �Affiliati.on lj, //�� 'I se ell P, tion. �--j�.yti<> � ��L--17•i'L'7�.'��'Lti�-v�,r�i I�ir't`J�:�'—^ X / ` c r ��,G 122(,'S S l'`s Z-c, tie r(.t V Gh"C'•!<'st 4 1 , CITY OF TIGARD,.'OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: March 26, "1;84 AGENDA ITEM #: DATE SUBMITTED: March 19, 1984 PREVIOUS ACTION: N/A ISSUE/AGENDA TITLE: DESIGNATION OF O'Donnell, Sullivan & Ramis - PRESIDENT AS MAYOR PRO-TEM REQUESTED BY: T. Rami DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION 'SUMMARY In the absenceof the Mayor, the Council President acts on behalf of the Mayors assuming his duties. The charter states that '.'whenever the Mayor is physically or mentally unable to perform the functions of office, the president shall act as mayor pro tem." Since the Charter cloes not specifically address the President's duties when the Mayor resigns, the attached resolution `designating the Council President as Mayor Pro-tem is advisable. / In addition, the charter does not speak to who should chair the council R meetings in the absence of the Council President. It is recommended that the Council designate someone to act on behalf of the Council ,President in his absence. This position may be designated as Council President Pro-tem. ALTERNATIVES CONSIDERED 1. Do nothing. 2. Approve the resolution designating the Council President as Mayor Pro-tem, SUGGESTED ACTION It is recommended that the attached resolution be approved. It is also recommended that the Council designate by motion a Council President Pro-tem to act in the absence of the Mayor Pro-tem. (0249F) i`� 4 Y } AWARDS & RECOGNITION - 3/26/84 FRAMED KEY TO THE CITY: 5 Years S Robert Newman 4 Karrin Hawes Halbert Merrill Ed-Walden: . Robert Landis Pat Robertson Teresa Killion Irene Ertell RussellWilliams Joseph Grisham ' i Paul Johnson Billie Rawlings John Goldspink Cindy Cranston Randy Stevens Brad Roast Penny Liebertz Lowana Murray E Alfred Dickman Darwin DeVeny a CITY OF TIGARD OREGON ' COUNCIL AGENDA ITEM SUMMARY AGENDA OF: March 26 19$4 AGENDA ITEM #: (e'vq DATE SUBMITTED: March 16, 19$4 PREVIOUS ACTION: tabled resolution from March 17, 19$4 council meeting ESIDEN ISSUE/AGENDA TITLE: R......C`. O'Donnell, Sullivan Ramis k REQUESTED BY: T. Ramis RE UIREMENT � r DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY r a We have prepared an ordinance affiending the Tigard Municipal' Code that ,would F change the residency requirement• This change would provide that residency must be within the Clackamas, Multnomah or Washington County area. to resolve the residency requirement immediately. The City Council should act .� The options are as follows: i 1. Adopt the ordinance amending the TMC. 2. Adopt the resolution extending the relocation deadline of the Finance Director. 3. Terminate the Finance Director. ALTERNATIVES cnNRTDERED 1. Do nothing. 2. Adopt the ordinance amending the TMC. 3. Adopt the resolution. extending the relocation deadline of the Finance Director. 4. Terminate the Finance Director. SUGGESTED ACTION It is recommended that action be taken on one of ,these'options this evening. (0247F) el— RESOLUTION CITY OF TIGARD,- OREGON NO. 84- A RESOLUTION 4-A=RESOLUTION EXTENDING THE RESIDENCY REQUIREMENT OF THE FI/DIRECTOR. WHEREAS, the Tigard Municipal Code requires a'demons rable effort to comply with Section 2.06.030, and WHEREAS, the Finance Director has demonstra d willingness to comply, and WHEREAS,' the residency of the Financ Dir for has not affected her job performance,_and WHEREAS, the City Council has within its ,po ers to grant such an extension. NOW, THEREFORE, THE CITY OF TIGARD RESOLVES THAT: The residency requirement'' for the Finance Director be extended until either her home in Gresham Ils, or until she is no longer able to perform her work due to her r sidency in Gresham. PASSED: This day o 1984. 4 Mayor - City of Tigard ATTEST Deputy City Recorder - City of Tigard (0162F) y MEMORANDUM x CITY OF TIGARD, OREGON TO: Mayor Pro Tem & City Council March 26, 1984 ` FROM: Loreen Wilson, Deputy Recorde SUBJECT: Agenda Item # 7 i Please bring materials for the Dartmouth Street LID <Public hearing from your previous packet. If you:need any material, please contact me. lw/1355A ( r t March 3, 1984:: RE: Dartmouth Extension Public Hearing WASHINGTON COUNT`! OREGON r Tax Lot No. Dear Property Owner: the This letter is to informally advise you of beginning at before This City Council ,to be ,held March 12, 1984, 9The ic High School Lecture Room; 1O85 Waffected byrthe�proposed establpishmenteof ang is to receive testimony by persons Local Improvement District; the purpose ?the�Marcheist,andstreet s to 8thedimprovements. iten ionofthe Legal notice of the hearing willpp ear Tigard Times, but we wanted you to be sure that you were made aware of the hear- ing, as it will directly affect YOU. the property owner, to Generally, the purpose of this hearing is :to allow you, support, object to, or remonstrate igeln stotthe assessmentsformation oproposedcto be levied. district and to hear comments re Upon hearing the testimony and reviewing written comments, the City Council can determine to either proceed or not proceed with the project. In determining whether to proceed withthemaronottproceediwithoancLID�ifbthea by local ordnance which states that CouncilY owners of 66 2/3 erCmtrethe a wreitten'objea of the ct onrty or remonstranceassessment thes k trict file with Y Cler proposed improvement within 10 dayns s fmanderemonstrances date of teh Pwbllcbe��eceivedn of ee up to qu�red legal notice. herbal objections the closing of the public hearing. The total estimated assessable cost is $1,995,700. Under Local improvndaries are ement DtaStatutes,hecostssofsmen thetprojectcareauasssessed, in established by the City Council a^¢ -nrh of the properties within the district accord an equitable fashion, against f the ing to benefit. Your property is included in the assessment district. I. p roject is implemented, your estimated assessmnt (as shown on reasonable enclosed table) may be paid in installments over a periodbe o years not to exceed an interest rate to be established bytheeentireCouncil assessmenttat anytime the ordinance is adopted. You may, of course, pay time. change the assessment tall , or (2) approve the assessment roll The Council may �(1) as proposed. - The approved assessment roil will be levied against the properties within the district. Maps and charts showing the boundaries of the prop osed Local Improoeeett .ry D �trict, the proposed improvements and the estimated assessment for each P p available for your. inspection at City Hall , 12755 S.W. Ash, Tigard, Oregon. If you have any further questions, please do not hesitate to contact me at 639-4171 or R. A. Wright Engineering at 246-4293. Sincerely, Frank A. Currie, P.E. Director of Public Works 12755 S.W.ASH P,O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 ftiW � dNN OO�.+.D NNNN•t O mP dmb0m a m N.+n 7+-t.7 llry JO�N.Om N.pu P fu d n v 04 > a, L...1 .DNde hdNmP mN NN en WnnmN r •-. mamNaO fu..1- dP.O a•m0 .0 N N " • � O O.i O^.00d O O NPNO xO INP nOPP �O [-•.. n.•.n0 OO.00ry NdPN�+ .0 ti .-1 »p .YO- • �ti N ry i O .10 F d rlon hPNVPuo H nbON bNrudP mONnr• a NO ...OaNON M1 NPaOOu 00 N - imPnN.-.N11lNvNO • n N "•.• a PO Pra@a0 .+ P. .eeOB np ONIWONv.iN dmenO r '.mNP..:Wdn.ON bn.w00 •i M1 r()nPn.. mOnndN.x P' U N.. �NaOPmn.0 da0hnP O N .nr Od mvNP�D O.Mmbv ri eN N PION ) . U - ,.t , . N r u x 1 0 0 0000 000.x0 i 0000 00000 00000 :0 0o bolo- m o 0o c a000n.op _ -o.o o No u) ^ d o N oo .n o m a d . h 77 a0 O N W 4ldr mo b amDN m m m N n +.0 to f j N N N a • 0000 OO.OPO 00000 O 00 00000. 0 O 000onO Ga+ x0000000O00 xu0 a.0 b µJ O 00 O P N W N N x P n •r . dV a n r w r n f n M o N x ra rn. 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M100.10 (1 (.�fS'•i2-cC'•L��54%,})Iy{70N.F40},. •{v x�ir4alOW�m4t O�. oNr4)iN or4�i.+)�i 0�0.Nn•e 0an•al ma 0u.Ni-, o.N+ afJ 0r+ 0oN..OfW`i)a0N 0upNl 0•0f-x� o.pN. .oNi o-fIrG1mmNa�I`! UZ1--j1 �CIMHU 7 '' S7'Lppqp¢Uti�06p0.a2O•".)HmaWYHWHaU.•1 ;KU u n mo 0 wO3roINzo 000000 oH0 o,a, uutiuu m n0- .xu CD 1 UNNW034CNOr1 Juditl,„ ilarlrn(, PI"ob>;tt iold Monica RohOl- I 3,)96 SE Roanoke c;unrt %, Donald Pollock Ili ILShoro, Oregon 97123 10211 S.W. Barbur Blvd #202A Portland,OR 97219 Frank Gulick Homer Williams % Donald Pollock 117 SW Taylor 10211 S.W. Barbur Blvd #202A Portland, Oregon 97204 Portland, OR 97219 Dor. Pollock Eugene Dietzman 10211 SW Barbur Blvd. % Gerald Cash suite 202A 12525 S.W. Main St. Portland, Oregpn 97219 Tigard, OR 97223 Marie H. Martin Lucille E. Vasey % Gordon R. Martin 6930 SWDartmouth 12265` S.W. 72nd Tigard, Oregon 97223 Tigard, OR, 97223 Louise Stewart Louis W. Christen 11990 S.W. 72nd Ave 17895 SW Shasta Trail Tigard, OR 97223 %Tualatin, Oregon 97062 Gordon S. Martin 12265 SW 72nd Avenue Tigard, Oregon 97223 Cyrus Knight 14410 SW 112th Avenue Tigard, Oregon 97223 Charles R. Mullen 11945 SW 70th Tigard, Oregon 97223 Herbert M. Shiewe % John Alexander 11688 S.W. Pacific Hwy Tigard, OR 97223 Hazel Anderson Alex Finke ".Robert Randall Co. P.O. Box 23562 00 S.W. Barbur Blvd, #300 Tigard, OR 97223 Portland, OR 97219 TIGARD CITY COUNCIL MARCH 26, 1984 ITEM NO. 7 DARTMOUTH STREET L.I.D. #140 fes-• �-°���-'$t� $;fid s' It fn My name is Geraldine Ball and I am representing myself, G. L. Ball, and DJB, Inc. at this hearing on the Dartmouth Street L".I.D. j#40. First I want to corr ct an, ror fade by SKr. Wright when he made his presentation on M;!ar 12s 1984 ''''t sated IiAkt L.I.D. #40 went from S. W. Pacific Hwy to k' S. w. 68th.. es not go to S.-W. 68th'rAvenue but only ;to S. We 69th Avenue. The area between S. V.'6 th- d S. W. S}th will be constructed by the Oregon � State Highwii Division--and wi-11--1 be��ided-to-=t-he=--Donald M. 'Drake Company contract. . This information has been-con#rmed in writing and in person by the Oregon � Dept. of Transportation nm tighway Division, and by the Federal Goverment who is ; � t " supplying the monigr. i, k, n�k �t �u' fY��y,-dy�l.ti. ,v!"rh ��r� t�,Y� .•t'C�i'C�� r s :Y.s.,411�yv�, vil.{ �i� .�Ci� -Zl+�^w [i 4-7 j `9 l.S' a,re as I had-a curve 6r put on:a map`the meets ani �ounds as p Viii ed in the Tigan Times and I was happy to find out that the Dartmouth Extension Street Local. Improvement District only goes to S. W, 69th. I don'tno ' kw Who is responsible for drawing the property lines on. the Wright Engineering map but I do know that our Tax Lot. 1301, Map 2 S 1 1 AA is not c correct. Within the past few weeks we again had our property surveyed and the property marked with Lot and Block numbers. The Northwestcorner of Lot 159 s Block ;18, is certainly not in the middle of the north driveway of 12150 S. ed. 68th.a.s it is shown on the Wright Engineering map. I suggest that whoever is responsible forthemap go up on S. W. 68th and look at the Surveyor's property line designation in relationship to the north driveway of the house at .. 12150 S. W. 68th Avenue. This mares me wonder if other property lines are also incorrect. r. Although our property is not included in `rhe Dartmouth Street L.I.D. #r40, I do hope Wright Engineering wall make sure their map is correct in every detail. p Please make this and the legal description attached part of the City of Tigard record. on the Dartmouth Street L.I.D. $#40. a SrAre y p, � w �! C �, sTs"�' cT -&3 �, drlT'Li �, S i $e5X5 — LEGAL DESCRIPTION ; FOR DARTMOUTH EXTENSION STREET LOCAL IMPROVEMENT DISTRICT A portion of land situated in the South half of Section 36, T.1S. , R.lin1. , W.M. , ,and the North half of Section , Sdescribed.IW- W.Mas Washington County, Oregon and more particularly follows: a Beginning at the Northeast corner of Lot 19, Twin Oaks' Lane' Subdivision, said point being on the Southeast right-of-way ' asterly along the lineof Pacific Highway; thence Northe ; Southeast right-of-way line of Pacific Highway 25 feet more or less, to the intersection of the right-of-way line with a line 20 feet east of and parallel to the East line of said Twin Oaks Lane, said point being the True Point of Beginning; thence, Southerly along a Tine 20 feet east of and parallel to the east � line of Twin Oaks Lane 2701 feet more or less to the north line of Lot 8 Palmer Acres; thence Westerly, 20 feet more or less to the West line of Palmer Acres thence Southerly along said , West line to -a f the point on the`Northeast right-af-way ;line hence Beaverton-Tigard Highway (Oregon State` Highway No. 217) ; Southeasterly slang said right-of-way line to ' a point on the South line of Palmer Acres; thence Easterly along saidSouth ; , line to the Southeast corner of Palmer Acres ; thence r Southeasterly, 253` feet more or less along the North line of sZ , the W. Graham D.L.C. to the Northwest corner of Lot 23, Hermosa Park Subdivision;'thence S.84°26 boundary -'W• along ;the North , of t Hermosa Park 277 feet more or less to the Northeast corner of Lot 21, Hermosa Park; thence N.0 40'W. , 257 feet more or less along the West line of Lot 8, Hermosa Park to the Northwest corner of said lot; thence s.83°00'E, 820 feet more or less y line of Hermosa Park to a point on the along the most Northerl West right-of-way line of Southwest 72nd Avenue; thence _ ay line 108 feet more or less to Northerly along said right-of-w , a point on the South line of Tax Lot 402 of the NW 1/4 of Section 1, T•2S• , R.1-W. , W•M• , Washington County, Oregon; : thence N.89°.01'W, 153,6 feet more or less along said South line to an angle point in the South line of said lot; thence N82°46'W to the Southwest corner of said tax lot; thence N82°461W along the South line of Tax Lot 400 of said section t® E y* the southwest corner of said Tax lot; thence N.4015'E. , 153 feet move or less to the Northwest corner of said tax lot, hence 5.84°23°E• , 236 feet more or less along the .North lines of said Tax Lot 440 to a point on the West right-o€-way line Southwest 72nd Avenue; thence Northerly along said right-of-VO.Y to a paint which is on the t4eaterly pr®jwct on of the io tis a-" line of Tax Lot lol of the N.W. 1/4 of thea t l y of section 1, 2S, tal 1. W.M. of said sectiOnt thence est®rl +®, �® t F T 4 2 less along said projOctiOn to the East ri t--09-way 11ne ; ��g.'Zest � ' 1 to said 72nd Avenue; thence EGOtOrlY i } Northeast corner -of said Tax POt z9z. 86.10/190.73 _Sd . s r 3 y y feet more or less to the Southeast 'corner of said Tax Lot, thence Easterly, 312 feet more or less along the South line of Tax Lot 100 of said section to a point on the West right-of-way =>r M line of Southwest 70th Avenue; thence Easterly, 30 feet ,. perpendicular; to said right-of-way line to a point on the East s. ' right-of-way lineofsaid 70th Avenue; thence Southerly along said right-of-way ;to the Northwest corner of Lot 17, Block 20, PortlandHeights subdivision; thence Easterly, 119 feet more or less to the Northeast corner of said lot; thence Northerly, 200 feet more or less, to the Northwest corner of Lot 36, Block 20, Portland Heights Subdivisior; thence Easterly, 100 feet more o3 less, along the North line of said Lot to a point on the West right-of way line of Southwest 69th Avenue; thence Northerly, 435 feet more or less along said right-of-way lime to the Northeast corner of Lot 33, Block 11, ' Portland Heights; thence Westerly, 100 feet`more' or less to the Northwest corner of said lot;` thence Southerly, :125 feet more or less to the Northeast J� 4 corner of Lot 17, ;Block 11, Portland Heights; thence Westerly, = 122 feet more or less along the North'` line of said Lot 17 to a point on the East right-of-way line of Southwest 70th Avenue, ,r thence Westerly, 30 feet perpendicular to said right-of-way $. line to a point on the West right-of-way ;line of said street, thence Northerly along said right-of-way line to a point on the k . Easterly projection on the North line of Lot 30, Fruitland Acres Subdivision; thence Westerly along said projection to the " 3 Northeast corner of said Lot 30, thence Westerly, 384 feet ` along the Nor.thline of said 'lot to the Northeast corner of Tax Lot 4300, of the `SW 1/4 of; the 'SE 1/4 of Section ;36, T.1S , R.1W. , W.M. , Washington County, Oregon; thence Southerly, 1.00 � feet more or less to the Southeast corner of said <lot, thence ' Westerly,`' 200 feet more or ' less, along the South line of said lot to a point on the East right-of-way line of Southwest 72nd Avenue; thence Westerly, 40 feet perpendicular to said , right-of-way line to a point on the West right-of-way line of ,r€ said street; thence Northerly along said right-of-way line to the Southeast corner of Tax Lot 2401 of said section; thence Westerly, SO feet more or less to .the Southwest corner of said tax lot; thence Northerly, 133 feet more or less along the West line of ::;aid tax lot to the Northeast corner of Tax Lot 2400 of i. said section; thence Westerly, 723 feet more or less to the Northwest corner of said Tax Lot; thence Northerly to the ;, Northeast corner of Tax Lot 2002 of the SE 1/4 of the SFr 1/4 of said section 36; thence Westerly, 315 feet more or less to the Southeast corner of Tax Lot 1700 of said section; thence Northwesterly along the Northeast line of said tax lot to a * ` point on the Southeast right-of-way line of Pacific Highway �� s (Highway 99 West) ; thence Southwesterly along said right-of-way line to the True Point of Beginning. 10/190.73 v i ;. .per.. ..:..: -. t s r y r ff / �J�C�� !r/�{ ls�G{ (' •'J/�(/< l 7"jfJ�'j S< • i1 j ", "t �'r'�f r la � / /rllr—1 CA x--11 ar /r � �✓' /C Gll�`iZ ' %c �`�l =' // ti 061 -- own Mp he veA ;1 - ti MORRISON, DUNN CARNEY, ALLEN & TONGUE WILLIAM H.MORRISON(1891-1953) � JACK H. DUNN ATTORNEYS.AT LAW RALPHR.BAILEY Q902-1974) ROBERT R.CARNEY j ROBERT L.ALLEN SSI 5.W.51XTH AVENUE,SUITE 1500 A. H. TONGUE PACIFICFIRST FEDERAL BUILDING F GEORGE J.COOPER,III JAMES G SMITH .CHARLES D..RUTTAN PORTLAND,OREGON 97204 NATHAN'L COHEN ROBERT:K.WINGER F:BROCK HILLER g G..KENNETH.SHIROISHI TELEPHONE(503)224-6440 OF COUNSEL #5 GILBERT. E.PARKER,JR. ANDREW S.CRAIG March 23, 19S4 BRADLEY.O:'.BAKER F a JACK D.HOFFMAN JENNIFER 1.PALMOUIST ) EDWARD J. BENETT W, RANDOLPH MILLER CONSTANCE H. BLOCK ' .`STEVEN R.SMUCKER i d JOHN PCROWELL # FR EDM.GRANUM KIMBERLEE 5.COLLINS GARY:L.TYLER } HAND DELIVERED Tigard City Council Tigard, Oregon 97223 Re: Local Improvement District: Dartmouth Extension Ladies and Gentlemen: ' Our office represents Gordon R. Martin and Gordon S. Martin. The Martins' `concerns about the Dartmouth LID can be summarized as `follows: k, (1) The affected property owners may not be able to finance, ,over ) time, all the costs, including property acquisition costs involved with the LID. (2) The alignment of the proposed road is nOt cost effective. (3) The proposed project benefits two or three developers while . potentially causing severe hardship to longtime residents: Our office suggested to the Martins that a lawsuit should be filed assessed and B to determine exactly what costs can be ther Oregon. The Martins do not want to sue the City and thereeis no lawsuit s in pending at this time. We suggest, however, that the Anderson v. City of North Miami case (a copy of which has been given to the City Attorneyrraises serious questions as to the propriety of proceeding on the proposed LID under the assumption that property aappears that Mr. Alexanders ed and it opposes the Bancrofted, particularly when it app to condemn the necessary portion of. his LID and will require the City land. :. It is our recommendation that the LID formation hearing be continued property owners can meet informally and agree on all until all affected prop y the issues raised. Hopefully, such a solution will remove any cloud on financing. Verytruly yours, Charles D. Ruttan CDR/slb cc: Gordon R. Martin Gordon S. Martin 12265 S.W. 72nd Avenue Tigard, Oregon'97223 < March 23, 1984 Honorable Mayor and CityCouncil City of Tigard 12755 S.W. Ash Tigard, Oregon 97223 Re: Dartmouth L.I.D. �a Dear Mr. Mayor and Councilors: You are being asked by two Property owners west of, and one east of, 72nd Avenue, to form a local improvement district. k c, It is obvious from the last Council meeting, that Mr. John Alexander, the owner of he restaurant adjacent to the proposed Dartmouth extension, is adamantly against the L.I.D. Although I do not believe the L.I.D. as proposed by Mr. Wright will be detrimental to Mr. Alexander, I do believe that the intersection as it should be constructed, will e be. / Mr. Wright proposes to allow ingress and egress, via a curb cut, along `Mr. Alexander's east property line which adjoins Dartmouth._ He also'proposes have only one lane'on Dartmouth southbound from Pacific Highway. Mr. Wright beelieves this will be workable. However, it doesn't take detailed capacity projections to see that it is very unrealistic to invest 2 to 3 million dollars in right-of-way and construction costs for a facility,to serve 80 acres of commercial property - when that facility will be bottlenecked by a one lane ingress from Pacific Highway. Furthermore, that lane's traffic flow will be interupted,and thereby reduced by turning movements in and out of Mr. Alexander's property. Detriment to Mr. Alexander's property will be in relation to the need for a right turn only lane on Pacific Highway so as to expedite Pacific Highway traffic which is channeled into an unobstructed right lane of a two lane southbound egress from Pacific Highway to the Dartmouth extension. That is, traffic wishing to move from Mr. Alexander's property, either east or west on Pacific Highway, will have to rtmuth be routed to the south of his property, to a roadway intersecting oeitDdoesonot ' extension far enough south of its Pacific Highway intersection, 1 interfere with movement through the Pacific Highway intersection. This fact,plus whatever additional right-of-way may be necessary will constitute considerable adverse affect to the accessibility of Mr. Alexander's property. i Mr. Alexander may be rightfully difficult to satisfy. Because of this fact, and 1 since he has had his property on the market from time to time during the past several ears, I have been opposed to even considering an L.LD., until his adjacent s Y g . property owners either satisfy him through written agreements co 1- workable access as outlined above, or through purchase of his property. Dartmouth L.I.D. March 23, 19$4' Page 2 ownehave chosen to shift the problem rs to the city, Instead,the adjacent property r all erties"which are part of the be to proper and the ultimate cost (whatever it may ) p L.I.D. The result of allowing hte aCcese ss,6perty is that an inadequate intersection rs to shift the isl3being the city-for obtaining q 4 proposed. Mr. Pro°�stfield is in general agreement with my five lane intersection design and how it-affects his property. important points that I have addressed in my g reement with are: (1) right and that Mr. Probstfielf five lanais in e and the resuiting•land credit f he a will dedication which is required for �. towards his assessment, and (2) access to Dartmouth at Mr. Probstf�eld's south property line. The above paints are not considered in Mr. Wright's plan. section at Enclosed is the preliminary design I have prepared for a five lane inter esent esign could be cut Pacific Highway and Dartmouth. rpm"wAll ing Chene ths on the efficiency enc:yrof the intersection. This down by 1/2 foot with pded from Mr. l change would reduce'the right-of-way hili amoun to a 9.3 by 5.5 footstroip off his 1,163 square feet. This right-of-way oast line commencing at his south line and extending north, with a wedge extending another 72 feet north beyond the strip. if ycu have any questions, feel free to contact me at 620-2477 (answering device), and Twill respond as soon as possible. Sincerely, Gordon S. Martin Jr. Enclosures lt GARY M. BUFO D & ASSOCIATES, INC. cossuland surveyors 415 N. STATE-STREET • P.O. BOX 1531 • LAKE`OSWEGO, OREGON 97034 • PHONE (503)_635-3511 March 23 1984 Rec. No. L1087.30 Mayor and City Council City of Tigard 12755 S.W. Ash Street Tigard, OR 97223 RE: ` Engineer 's Report Dartmouth Extension Street Local Improvement District City of Tigard, Oregon Honorable Mayor and City Council: I am a consulting civil engineer and represent Gordon S. Martin, Jr, in the matter of the proposed Street Local Improvement District for Dartmouth Extension in Tigard, Oregon. The 'purpose of this letter is to summarize concerns which I' have;%pertaining to the project as set 'forth within the Engineer 's Report prepared by R.A. Wright Engineering, Inc. These concerns, I believe,; are sufficiently serious that the project should go no further at City Council level until the areas of concern are addressed and resolved to the satisfaction' of all land owners within the proposed improvement district. The improvement district must not be formed at this time. My concerns are in the following ,areas: 1. The single method of assessment recommended within the Engineer 's Report, without consideration of service area and extent of benefit of each of the improvements, is riot a fair and equitable method of assessment for the several types of improvements proposed within the Local Improvement District. The Engineer 's Report does not show that benefit has been considered individually for each of the proposed improvements. - 2. Preliminary engineering detail and planning appears to be lacking with regard intersection design at the connection to Pacific Highway. A major roadway must be designed in consideration of comprehensive plan land use designation which will have impact on traffic to be generated by the developable property. Otherwise, land cannot be developed to its full potential as envisioned and provided for in the comprehensive plan. 3. The proposed alignment of Dartmouth Extension as set forth within the Engineer 's Report does not appear to be the most responsible and functional with regard economics of future ,' development of the Martin property. This may be illustrated r i ' g .M by discussion of several design factors relevant land development. a. The impact of land consumed for right-of-way is sianificant 'as related to benefit. The northerly route proposed by the Engineer 's Report takes its full right-of-way width from property in Martin family ownership while providing benefit to remaining Martin family property on only one side of the roadway. Thus, the consumption of land is not related to benefit provided by the roadway. b, b. The proposed alignment results in a :taking of prime developable" land along the northerly line of the Martin ownership in addition to that required for street ` right-of-way. This is a result of what we perceive to k be poor planningwith regard land development, and is a ' certainly adverse to the best interests of the Martin family'. C. The proposed alignment traverses the Martin property West to East on essentially a "side-hill" type of design. Specifically, land on the northerly side of the proposed roadway is rising above the apparent; street grade ,in a northerly direction while land on the southerly side of the proposed roadway is dropping below apparent street grade in a southerly direction. Development_ potential of land is compromised when it liesbelowthe 'adjacent street grade as it appears that the development is being constructed in 'a hole. Under a adverse conditions, it may become necessary to undertake signficant earthwork in filling to raise land within Martin ownership to an appropriate elevation for development. This seemingly minor detail would have major impact on development potential of the Martin a property. d. The financial impact by the proposed assessment is significant, while the development potential afforded by the proposed alignment of Dartmouth Extension is minimal. The Engineer's Report refers to net assessment, a very misleading technique of promoting a e project. The only realistic and rational way an intelligent person can analyze costs of an improvement district is to look at gross costs, before payback for land taken by the L.I.D. This may be best illustrated by citing a hypothetical situation wherein a total parcel may be consumed and the payback by the L.I.D. is structured to just cover gross assesoment to the parcel. The net result of course would be that the land is . consumed without any real payment on its value, and without any proper consideration of profit potential. F IN Iffi IN _ ON Oa--T !11Big i gi ; ffimi 11 . In addition, it appears the presently proposed alignment would not;provide the same development- potential to the Martin property as it does to uphill property on, the northerly side of the roadway, and may require otherwise unnecessary earthwork and duplication of improvements construction for development of the Martin property.. Specifically, the duplicate improvements construction may include storm drainage, improvements, sanitary sewer improvements and even street improvements. Additionally, if internal roadway and utility improvements are required for development of the Martin property, this may further reduce the land available for development. e. The purpose, of this L.I.D. is to open up the "Tigard Triangle for development; the L.I.D. is therefore a; vehicle to accomplish land development. It is not an L.I.D. purely for the purpose of 'constructing needed - public improvements. Accordingly, all persons involved should work to for the mutual benefit of each other , but must also be' very concerned on the individual impact of property in theirownership. Inland development, there; is no need for the construction of improvements if they do not function to maximize development potential. our concern is that this L.I.D. is being considered on the merit of public ' improvements only, and not as a' lard development project. There must ' ! ' be profitability in land development; accordingly, there must be profitability in this L.'I.D. The above concerns are very real and major as they relate to development of the Martin property; the Engineer's Report is totally adverse to the Martin interests. Accordingly, the Martin family cannot and will not agree to participation in the Dartmouth Extension Street Local Improvement District as it is presently proposed and respectfully requests appropriate action of City Council. The improvement district must not be formed as it is presently proposed. As a planning aid for restructuring, and for accomplishing a reduction in the size and scope of the present Local Improvement District proposal, and for future planning of street improvements, as they affect the Martin property, we offer the following comments: 1. From an engineering standpoint, it is our opinion the most economical and only feasible location for major roadway within. the Martin property is along the alignment of the property, on an approximate east existing creek through the west alignment; hence forth it will be referred to as the "creek route". The creek route will be most economical because it is also a most appropriate alignment for the construction of storm and sanitary sewers through the -3- property. As well, it will bisect the property into usable' parcels, both north and south of the roadway, without creating unusable parcels which are a product of the present j proposed alignment. The creek route is the only alignment , which: is acceptable to the Martin family at this time. 2. The only drawback of the ,creek route is that it is not feasible at this time. The Martin family has a two-fold reason for this position'. t a. First, the profitabilitymust be considered in view of present economic conditions. The market potential of the Martin property is so minimal under present economic r conditions that the carrying costs which could be incurred over the next several years would seriously affect the profitab'ilty of the development and could seriously,create a financial disaster for the Martin family. r b. Secondly, to dedicate land for an absolute alignmentof roadway without a development plan for the property is not prudent, and would seriously compromise; the i flexibility that would be needed for a Planned Development of the land.' Accordingly, although the creek route is the only acceptable alignment` through the Martin property, theycannot and will ' ement district at this not agree to participation in an improv time. The only acceptable action for city Council to undertake would be formation of an improvement district which t would bring roadway to the limits of the Martin property but no further . 3. The understanding of the Martin family during discussionsland planning of the Dartmouth Extension in the comprehensive use planning process was that all property owners would be involved in selection of a route, and that there would be ; total agreement as to the alignment, the costs and . assessments, and the timing for construction of the improvementsP rier to the matter going before City Council for formation of an improvement district. On those , conditions, it was envisioned the entire roadway would be ect. It was not envisioned that constructed as a single proj an L.I.D. would be forced on property owners. Accordingly, the Martin family is agreeable and does not to object to a comprehensive plan amendment if necessary se s. In allow the street improvements to be constructed in phase this way, the intent of understandings during the comprehensive planning process will be accomplished. The northerly and easterly parts of the roadway may be constructed row, and provisions made in order that the Martin -4- family may construct roadway through their property at a future date consistent and compatible with timing and planning for development of their property. 4. The Martin family is agreeable to be responsible for future construction of roadway and 'utility improvements on,a creek route through their property in a future L.I.D. on the following conditions: a. The roadway extension from Pacific Highway 'would extend southerly along the approximate westerly line of the Williams property, and end at the Martin's approximate northwest corner. b. The roadway alignment through the Martin property would be ;approximately, on the alignment of the existing;creek at the low point :in the property`. C. The 'roadway extension from I-5, westerly toward the Martin property must extendto 72nd Avenue. d. The Dartmouth Extension at its intersection with 72nd Avenuemustbe centered on the south line of the Dietzman property. e. The intersection design at Pacific Highway must be studied and developed adequately `toprovide for traffic that could be generated at full development of the Martin property and other properties in the Tigard Triangle area when developed to full potential of their comprehensive plan land use. This is presently envisioned to require five lanes at Pacific Highway and a minmum ten-car uninterrupted curb length with no curb cuts immediately southerly of Pacific Highway, rather than the apparent four lane intersection which appears to be provided for in the Engineer 's Report. f. Where future roadway is within reasonable distance of a line between ownerships, the roadway shall be centered on the ownership line. Accordingly, right-of-way could be dedicated by the property owners at no cost to the improvement district. Specifically,'reference in this regard is to the Christen property, lying westerly and adjacent to the Martin property. The Martin family must insist on this condition. On that basis, the Martin family is agreeable to dedication of right-of-way through their proerty at no cost to the improvement district. Otherwise, acquisition of right-of-way for future r*adway will be accomplished internally within the improvement district in the same manner as proposed by the present L.I.D. However, the Martin family is concerned on this method of acquiring right-of-way, -5- f.; t` � r ME r, where condemnation may be involved. Their particularly not qualify for concern is that type of cost may financing _through Bancroft Bonding. ect can proceed as a Local Improvement District q The pro 7 with provision for Bancroft Bonding if desired. uest consideration and action by In summary, we respectfully req 9 City Council in accordance with the following: an action for formation of the Dartmouth I; Deny or delay Y resent Extension Street .Local Improvement District in its p form. property from consideration in the present 2. Remove the Martin prop Y Local Improvement District. 3, Authorize City Engineer to revise preliminary plans for a Street Local Improvement District which willterminate at the s northerly portion of street improvements approximately northwest corner of the .Martin property and the easterly portion of street improvementshe the south ofthe Avenue tsouthline Dietzman approximate alignment r property. 4. Take formal action approve for the record the creek route for future roadway through the Martin property. 5. Take formal action to emphasize the importance of a properly designed intersection at Pacific Highway on the basis of development density and traffic volumes which will be realized with full development of properties within the Tigard Triangle area in accordance with the City's Comprehensive Land Use Plan. n of 6. Take formal action nhlguarantee future with property oowners as right-of-way by for agreements suggested hereinabove. I appreciate the opportunity to comment and offer constructive criticism during consideration by City Council on formation of a very important Local imp1otvemeouncDlsnotcto beserve t hastyin cohe g sidering Triangle area. I urge C Y Local Improvement District and to consider formation of this carefully the issues I have raised. The Local Improvement District process is a very important vehicle Its use s for construction of public improvements. should always to advance the consider fair treatment of all properties within the improvement district and should not penalize any one property -6- SEEM rr_ efforts of a few which may control by reason of land <area. I SUGGEST THAT IN THE PRESENT PROPOSAL, THE IMPROVEMENTDISTRICT' IS BEING FORMED ,TO PROMOTE' LAND-DEVELOPMENT AS OPPOSED TO PUBLIC HEALTH AND SAFETY. Accordingly, 'I urge City Council to not be hasty in 'taking action relevant its formation. Sincerely, GARY M. BUFORD & ASSOCIATES, INC. Gary(-d. Buford, P.E. , FL.S. GMB/lsw 6 -7- cnida*1 A � Jalfill PI I'Tj,7 fiflij a11T�f�f 19iaa11P {lf 1dl iBl IE! 113 J4f 1Ei 11! 11! i1i aETlll 6 ! i ;a ! f !l !s#I _. ^. ..l)TE- IF THIS MICRDFILMED DRAWING IS LESS CLEAR THAN ... 9 -.._._ 12 THIS NOTICE. IT IS DUE ro - .._. g: '- THE QUALITY OF THE ORIGINAL DRAWING.. -- - . 82 ZZ �N t£tl9mtf2al9au Ayllafaall�92 S2 bZ ca ZZ tZ OZ 6t 81 11 91 SI'' bl EI ZI 01 OE $ B t 9 S 4 E Z I—il MARCH ��- y 1 / j I 1 / I / r � 1 SCALE: 11" \ RX PROBSTRELD lj303SI2.FT.= // ALEXAMDER \7655 S(3.FT. \ LEGEMB ' ----EXISTING PROPERTY LINES RIGHT-OF-WAY(IMPROVEMENTS) \ ------------RIGHT-OF-WAY(LANES) -----------------------------—-- --------—----------------------------—------------------------- GGROON S MARTIN JR. wo S.W.7200 A9ENOE - LOOP-ROAD YO 72ND.—F TMW,0RmN 97223 ______________________----- i �tIPIF)"'1"'�li'1'1'Ali'IFS'�''IIIIL�IiIIII'1'IIPf+JnTPTrlml'nl'1'Ili'fIITfOq+IIIti.IINI111�gij Rt�Il11g1�lillglJqIIIPII PIIII I111Pu�gIIU'f 11111U�11LIhF�FlII+IFIq IILp _ NOiE: 1F TH15 MICpOFIUEO 1 2 3 4 $ 8 7 8 0 0 II 12 GRAYING IS LESS CLEAR THM! T ZNO .._IS OnEro lIE QUALITY OF TIE ORIGINAL OPIl1INT.. —_---- _ _ OE 02 02 L2 92 92 62 EZ .2 IZ 02 6t 01—L1 9t SI bl EI ZI v OI 6 8 [ 9 - 9 f E 2 1— z'dm I t 4 __ 17 A990 :v ir: y c LLD f/ N - G CD . j .� C:D c� c � �r i. 41 e j a r -.. k �, ..-.a.✓ -.. .a' .o -S.ac•`-G.s'5.:�' vw.-..i aa-B* .i. � g �t�' 'r•� "`�.� t�ti. �� k.��:.� IJ M !,C ♦k Kr,. 1 ;, ,i:!-3 ro �� O.V G �1�':r- i> Y�,3-� d fiw.S '. -� � y. t!O __ CS—s�+yGs•.+ � �� V M 4.;.` '`, r `~`` `� r t f.� r t,�: r,�•c'`. r }* .�6 t+ i {"• —T O o O i�1 ` ,TWA ., QUAs fie" E+. t777 ttt���SSS a t v 4 } tL'Y i t v '' 3 :ur y.. Ytv."`�^� d _ r,' �.a„', '7••¢,•r a1 ., i ��•, e ulfy..�. 3333 .� r r I! - t tW, %� `_•c - ?.. F? r~ f✓-� � Y.fr�'�. •mt.7r �'[•'f 9E=�6� �S��1 ,� I t 1Q1 i;, f� �q0 '�' —12 �< .s`"•j`s '♦�M'a. N':"n,p �t,'_R�yp;t"". �.1�} � _ � •1■'3 y$ •T'�` ANN 5 i1 !' t-:+` 73i.. s ' u xti's � ' S 1 —r ti s ♦tti f'L'tl 4 �G%S.s�t� 1F. �e• T r j ,�t �, . 2t 1 TV VON C•• 1sa x. .r�4, t�''�+.;^r ad, r - l id A _:.i', .C*. ftp , 1 a�J •S,raer 1 S 8 ♦ i M •�� -u..wldaamv#�" 1 f. •N K I ,��j-( kv- HIM 01111 f�',/�- \ . ,= . ��- � f/-•"/ l eat""/,��f1 / "9 � ® �a�+ x y r CCS � i✓��a`g \�\; �� `.� �dl � r if_:. .r" us oapwwo A FF ol Oil 4 1 � ,;.."�.�, �.._.._„•r�r y, �cuac�antn:l. r a .3 9 f MIN MASS 10 it /! �@'/ .I s •� 'r). f -Y�Jh.� � r d a 4;S Ate, .S..e.'�,,,•: ,�� � L C. a r v� MEMORANDUM' CITY OF TIGARD, OREGON i ti TO:. Mayor Pro Tem & Council Marek 22, 1984 FROM. Loreen Wilson, Deputy Recorder SUBJECT: Agenda Item # 8 P Please bring material from your 3/12/84 packet. This was 'numbered 11.4 in that packet. If you need copies, please contact me. # e i � lw/1344A ,r MEN 0 i i I g CITY OF TIGARD, OREGON ti COUNCIL AGENDA 'ITEM SUMMARY AGENDA OF: March 12, 1984 AGENDA ITEM h: DATE SUBMITTED• March 7, 1984 PREVIOUS ACTION: referred to Planning ISSUE/AGENDA'TITLE: Commission 3/6/84 Residential Homes - Senate Bill 478 REQUESTED BY: William Monahan DEPARTMENT HEAD OK•. CITY ADMINISTRATOR: INFORMATION SUMMARY Attached is my report on recent actions concerning residential homes. I am requesting that the Council,give me direction concerning what action you expect the Planning Commission to take in this area. My February 22, 1984,memo with attachments concerning clarification of the Home Occupation sections of the Code is attached. Please note that I believe the present code gives me the authority to require residential homes to apply for a home occupation pexmit. The language clarification would, however, better define when the home occupation section applies. ALTERNATIVES CONSIDERED 1. Administer the Code. 2. Other. SUGGESTED ACTION I suggest that the Council accept my report and direct me to administer the Code. ;{ s MEMORANDUM CITY OF TIGARD, OREGON March 7, 1984 TO: Members of the City Council a � FROM: William A. Monahan, Director of Planning & Development L" SUBJECT: Residential Homes Report Since your last meeting, I have testified before a special committee of the State Legislature concerning Senate Bill 478 and appeared before the Planning Commission to present proposed amendments to our home occupation process. The hearing before the Legislature was a success as I believe the state is now aware of the many issues surrounding this 'Bill from the land use area as well as health care. My meeting with the Planning Commission on March 6 was less successful as the Commission took no action on the proposed language clarification :which Z earlier presented to you in my February 22 memo. The Commission was confused • about' the purpose of the hearing as I represented to them that they could and should limit their consideration to the home occupation language clarification'. Others in attendance felt` that the hearing should be open to other areas. The Commission questioned what action the City Council expected the Commission to take. The Commission has requested clarification prior to holding a public hearing on the issue at its meeting on April 3, 1984. Please give me direction so that I may schedule the April 3 meeting. Do you want the Commission to: 1. Hold a public hearing solely on my proposal to clarify the home occupation section of the Code; 2. Hold a public hearing on all aspects of the residential home question; 3. Hold a pubic hearing on all aspects of the residential 'home questions and specifically make a recommendation on the proposed language clarifying home occupations; 4. Hold a public hearing on residential homes with the Commission limiting the issues as they choose; or So Take no further action. a (WAM:pm/0346P) 3 sem"' CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 27, 1984 AGENDA ITEM tt: -- - DATE SUBMITTED: February 22, 1984 PREVIOUS ACTION: ISSUE/AGENDA'TITLE: Residential -- Home Report REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY Senate Bill 478 was passed by the Legislature last summer establishing the rights of residential homes (as defined by the Bill),. I have prepared a memo (attached), which outlines the changes which I and the City Attorney's office feel should be made to clarify the current language pertaining to Home occupations in the Dvelopment Code. I propose to take the language to the Planning Commission on March 6, 1984. ALTERNATIVES CONSIDERED The Council may give the Planning Department direction to proceed with clarifying the language concerning Home Occupations or take no action. SUGGESTED ACTION I suggest that the Council give direction the the Planning Director to proceed to clarify the Code language concerning Home Occupations. r ilk 3 MEMORANDUM CITY OF TIGARD, OREGON i February 22, 1984 f TO Members of the City Council FROM: William A. Monahan, Director of Planning and Development SUBJECT: .Residential Home Recently I was asked to become involved in the growing controversy surrounding Senate -Bill 478. I have responded by investigating specific questions concerning sites, providing information to property owners, and researching the bill. In addition, _I have worked with our City Attorney's office to determine' if our existing' Home- Occupation '-provision of the code' affords us some right to regulate residential homes. Based on my discussions with the City Attorney's office, I` am proposing that Section 18.142 of the Community Development Code be modified slightly with clarifying language. The language does not change the intent of the provision; but does make the definition of a commercial activity clearer. Section 18.142 of the code requires that all proposed home occupations in residential zones be approved by the City prior to initiation of activities'. Approval is based upon compliance with a series of approval criteria listed under 18.142.050 of the code. In addition, nature is given to surrounding property owners. To clarify the code provisions, I am recommending that the following language drafted by the City Attorney's office be incorporated into the code: 18.142.010 A After "It is the purpose of this Chapter to regulate home occupations " add "/cc:rimercial activities" New Section 18.142.025 Commercial Activity in a Residential Zone A. Definition of Commercial Activity in Residential Zone 1. A commercial activity in a residentially zoned dwelling unit is defined as any activity which involves the sale or contracting for a good or service for present or future remuneration. 2. The rental of a house or the rental of rooms in a house for a period of time in excess of 30 days is not a commercial activity provided the owner(s) (or lessor) of the house- do not provide services for remuneration exceptforhouse or yard maintenance. 4 B. Commercial Activities Prohibited in Residential Zones Commercial activities are prohibited in a residential zone- except as specifically authorized by this Code. RESIDENTIAL HOME MEMO February 22, 1984 Page 2 C. Home Occupation Defined A home occupation exists when a dwelling unit in a residential zone is used for a'commercial purpose. If the City Council desires, I will present this language to the Planning Commission at its meeting on March 6 for consideration. The clarifying language must go through the Planning Commission and the City Council in order that the Code may be modified. I' am also maintaining contact with City residents and other concerned citizens on Senate Bill 478. I will be able to report to you at your meeting on February 27 concerning ,the outcome of a special hearing which will be held ,by Washington County on this issue. _u i (WAM:pm/0323P) 60 �A G.nd OHIiGON I,EGISLA71Vr ASSEMIt1.Y- 19N3 Rctpd:.r S"Si" Enrolled Senate Bill 478 Sponsored 'by Senator COHEN, Representatives •1HROOQP, ZAJJNC, JOHNSON (at the request of Association for Retarded Citizens) C FA A FIMR..........3..... AN'ACT Relating to certain residential homes. Be It Enacted by the People of the State of Oregon: SEMONV 1.As used in sections 1 to 3 of this Act unless the context requires otherwise: (1)"Handicapped person"means an individual,who has a physical or mental impairment which for the individual constitutes or results in a functional limitation to one or more major life activities. (2) --Major life activity" means self-care, ambulation, communication, transportation, education, socialization,empfloyment and the ability to acquire and maintain adequate,safe and decent shelter. (3)"Residential home"means a residence for five or fewer unrelated physically or mentally handicapped persons and for staff persons who need not be related to each other or to any other home resident. SEMOiN 2.The Legislative Assembly finds and declares that: (t)It is the policy of this state that physically or mentally handicapped persons are entified to live as normally as possible within cammunities and should not be excluded from communities because their dis:+bility requires them to leve in groups; (2)here is a growing need for residences to provide quality care and protection for physically or mentally handicapped persons and to prevent inappropriate placement of such persons in state institutions and nursing homes; 13)it is difficult to site and establish residential homes in the communities of this state;and (4)Restrictions on the siting of such residences have become a state-wide problem. SECf'ION 3.(1)A residential home shall be considered a residential use of property for coning purlse. Residential homes shall be a permitted use in all areas zoned for residential or commercial purix+scc,including areas zoned for single-family dwellings. No city or county shall enact or enforce zoning ordinances prohibiting the use of a residential dwelling,located in an area zoned for residential or commercial use, as a residential home. (2)A city or county may impose zoning conditions on the establishment and maintenance of a residenti:d home in an area zoned for residential or commercial use,provided that such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone. Approved by the Governor June 30, 1983. Fi.le:i in the office of Secretary of State July 1 , 1983. ,t M MENEM 5 16.:142 NOME OCCUPATIONS 18.142.010 Purpose t A. It is the purpose of this Chapter to regulate home occupations in residential zones in a manner that will ensure that the use is: 1. A` secondary, lawful use to the primary residential use of the premises "upon which they are found, and i 2. Not disruptive on the residential area. B. The standards contained in this Chapter are intended to assure that home occupations will be compatible and consistent with the residential`uses and will not have a detrimental effect on the 'neighboring properties. 1 18.142.020 Exemptions Garage sales are exempt from the provisions of this Chapter. 18.142.030 Administration and Approval Process F A. The applicant of a home occupation proposal shall be the occupant of the property. x B. A Pre-Application Conference with City staff is required in h accordance with Section 18.32.040. E s`" f C. Due to possible changes in State statutes, or regional or local policy, information' given by staff to the applicant during the Pre-Application Conference is valid for not more than 6 months. 3 1. Another Pre-Application Conference is required if any variance application is submitted 6 months after the Pre-Application. } E 2. Failure of the Director to provide any of the information required by this Chapter shall not constitute a waiver of e the standard, criteria or requirements of the application. i t D. The Director shall approve, approve with conditions or deny any application for a home occupation. The Director shall apply the standards' set forth in Section 18.142.050 of this Chapter when reviewing an application for a home occupation. t E. Notice of the Director's decision shall be given as provided by 18.32.120. The decision of the Director may be 'appealed in accordance with Section 18.32.310 (A). 1 111 275 18.142.040 Expiration of Approval - Extension of Time Revocation A. Approval of a home occupation by the Director shall be effective for a one-year period. B. The Director shall renew the permit upon: 1. Application and payment of a fee by the applicant; 2. Finding that: a. All of the conditions of approval have been satisfied; b. There has been no change in :the original application approved by the Director; C. There have been no changes in the facts or applicable ;policies on which the approval was based; d. The applicable approval criteria in 18.142.050 are satisfied. C. The Director shall give notice of the renewal as provided by 18.32.120 and the decision may be appealed as'', provided by 18.32.310(A). D. The Director may revoke a home occupation approval if the conditions are not satisfied as provided by Section 18.32.250(F). 18.142.050 Approval Criteria A. The use shall be a lawful use which shall be carried on by the occupants of the dwellings; B. The Home Occupation shall be operated entirely within: 1. The dwelling unit and the use and the storage of material and products shall not occupy more than 25% of the gross floor area. C. The use shall be a secondary use to the primary use of the house as a dwelling; D. There shall be no exterior indication of the home occupation; no exterior signs shall be used; no other on-site advertising visible from the exterior shall be used which informs the public of the use except of the address of the home occupation may be displayed; c There shall be no outdoor storage of materials, vehicles or products on the premises. Indoor storage of material or products shall not exceed the limitations imposed by the provisions of the Building, Fire, Health and Housing Codes. III - 276 ff s . The use shall not include any retail sales other than telephone F. sales'. ; The use shall not involve,er r rafficles or service to the residence the g G. cessitating custom property ne The Rome Occupation produce any noise shall not or obnor.ious El or electrical interference odors, vibrations, glare, fumes, detectable to normal sensory perception outside the structure; There shall be no other employee J on the premises other than Termanent residents of the dwelling; those who are p t The use shall not require any additional parking other than that �. t which is -required for the residence. P royal and.Com liaRce for a Business License 18.142.060 A tion until ftio business license will be issued for approved and occupation applicant the';sin occupation application is aPP certifies that the home occupation will be operated in strthe r compliance with the provisions of this Chapter `ate conditions of approval. _ i 18.182.070 Time Limit and Revocation Occup The Director may approve a home occupation application subject A. period at the terminatiosa of which there to a specific; time p shall be a renewal application to determine if all is the conditions and. p rovi isions of thisallCofpter have been the conditions been The permit shall be renewed satisfied. revoke a home occupation 18.32.250 approval if the g The Director may provided by Section s conditions are not satisfied as (F) ; 18.142.080 A lication Submission Re uirements provided by the Director A. An application shall be made on forms nied by and shall be accompai 1es of the necessary data or narrative which 1. Three cop I explains how the proposal .conforms to the standards in 18.142.050. 2 A, list of names and addresses of all persons who are v owners of record within 100 feet of the site. i property g. TPee required fee. F IIS — 277 i LATIN CITY OF TUA 18 380 SW/MARTIN,AZz1 AVE. Po BOX 369 TUALATIN,OREGON 97062-0369 (503) 692-2000 s February 1i, ;1984 ' Wes Myllenbeck Chairman Board of Commissioners Washington County 150 North First Avenue Hillsboro, Oregon 97123 Dear Chairman Myllenbeck: I would like to express my concern about the legislation concerning group homes enacted by the 1983 Legislature'. i It appears that all of us in Washington County will have to deal with the siting of group 'homes since the legislation appears to give these activities carte blanche land use approval without consideration of local codes. By some recent newspaper articles, I see that some ef- fort is being made to address this problem. However, I feel that this problem is one that would be best approached on an organized county- wide basis. t t I would like to offer a suggestion that you and the Board of Commis- sioners establish a task force composed of city and county staff mem- bers, attorneys and elected officials to develop a county-wide approach 1 to the problem. Since what one jurisdiction does will only increase ! the problems in another, it appears that a county-wide governmental t cooperation approach would be the easiest solution to the problems which could arise out of this new legislation. Please let me know if there is anything I can do to assist in putting a task force together or working on a solution to this issue. Sincerely E. { ARoy Rogers Mayo E . RRR/se . 4 cc: Washington County Mayors f i s 't WASHINGTON COUNTY,OREGON February 23, 1984 4 I Mr. Frank Tepedino, Chairman � Tigard Planning Commission 4 11910 SW Summercrest Drive 1 Tigard, Oregon 97223 k SUBJECT: Residential Homes, SB 478 f Dear Frank: ! for the recent information from CPO #4 and Carolyn Eadon's letter. Thanks ort from City Staff and the City The City Council will be receiving a.rep Attorney at the'February 27 vin Council meeting. ' Staff expects further direction from Council' at'that time. red, it can If aCode -amendment is requibe to the Planning Commission as t the issue from a Public 1984. The County is also pursing I C"Iearly as March 6our concerns. As always , I believe this addzesses y Health perspective. ` thanks for your assistance. 4 I Yours Truly, t i W.00�4 William A. Monahan --Director of Planning and Development- wAMJ ch CC: City Council Planning Commission IPO Chairman Phi.639-4171 12755 S W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 on Mailing Address: Branch County Bldg- SERVICE SERVICE � e Courthouse 2448 Tualatin Valley Hwy. Washington County Univef S1 Hillsboro,OR 97123 (503) 648-8771 February 13, 1964 TO CCI ?�MBr';I?.S � CPO MEAiBF�i.S A situation in land uses and the ramifications of the Urban and Rural Land Use Plan in WashinY,ton County is beginning to unfold in CPO A, 'Bull Mountain and City of Tigard. It appears because of the economic conditions existing, at the present time, ; many pebple who have had a large house on the market;to sell for a long period of bane are'finding it difficult to se1' :' Some c�tercial`enterprises are purchasing these large homes and converting them into Adult Foster Nomas for 6ndicapp8d® mentaily impaired, senior citizens not requiring full time rousing home care, etc. Before the x983 Legislature met and passed Senate Bill 478 and 22, it was possible to provide care for under 5 people without any registration and without any;inspection by the State, County or;City. There have alwaYa been a few such homes in existence, but noir in the Bull Mountain area there is an epidemic. In a radius of about lj miles there are 5 such homes in r itatnc® in the 'Johan area and 1 in the Rural area. If you think you have traditional single family neighborhoods, think again, because in the Plan ther€s' is no protection or regulations or anything that can address itself to such uses® or other ccn aercial ventures, at this time. The City of Tigard and Beaverton are both addressing this situation this week or newt week. Washington County Commissioner Lucille Warren is having a meeting of all interested people in Hillsboro, Thursday, February 23, 1984, at 10:00 a.m. There will be legislators; representatives from the cities, health care advocates, neighborhood representatives, and others. I wanted to apprise the CPO Leaders of this situation and the meeting. Please call me for further information. E Beverly Froude CPO ##4, Bu11 Mountain 639-2529 THIS MATERIAL IS BEING SENT AS PART OF THE 1,4ASHINGTON COUNTY EXTEi1SION SERVICE'S COMMUNITY RESOURCE DEVELOPMENT PROGRAM. .. Richard C. Beck, Washington County Extension Argent "OSU Extension programs are available to everyone regardless of race, color, sex, religion or national origin." yasxsraTeu»sa+v Agriculture,Home Economics,4-H Youth,Forestry,community Development. Energy and Marine Advisory Programs.Oregon state University, United States Deparlment of Agriculture,and Washington County cooperating e 4 M. i Yehruary 17, 198 x i Dear City of Tigard NPO's-Plannin€* Commission 29emhers. ' f Senate bill 478 preempts local zonin,7 la7,3 arc'. wis!: you to know of the following happenings in our area as a res•.rlt of hell 478i kit:hin a residential' established nAi0i!)orhood "5 or less hanc:ica- pr d, .mentally retarded or elderly care plus staff" ay ,•,'side in-neigh :.orhoods with equal privileges as that of any otter ho-- rn•?rr•r's rights". { On Crrsmer St. In Tigard a 2n ypar oll girl it roi: .,. .^ a home for t}-e purpose of accepting the "place!nent, of "5 or less, patients" and the staff ' 1 consists of her brother, wife and baby who 1i p. in an aparta,:r-:rt to tbn`.back of this residence currently housing 3 elderly. 'in-ore t.. 'operate' a Dome if they are c years of age Prat must 'y- ,?1 Ir 1ac�n:; d„ .'� ,e is no provision In .:ien^to ' ill 47° for insrrctions, 1 c-cr!31ng, str' 'ctural s,-,-ety } rr-asurps, not' any 'at-IX—pt. to ad4resr; .,[)T1,2; ' I'r 1'.'1I'e•"".nt.,. Nr. .Monalhan, our Git-r of Tigard :"anning Dir, is vorki:i on ro,;FV le :,cstrirtlons allowable t for city to enforce', but bill 478 should be amended to reflect chis minuse of what:was intended for retarded persons. This bill `came`thru +:he environment and energy committee by Sen. Joyce Cohen. This '20 year old girl has now made ! arrangements for another home on 4cDonald to renova+f, and_mo r, in "5 or less". t When asked "who dispenses medication within the,^,p homes found thA;20 year old girl "only has to follow the doctor's 'prrsscriptions as prescribed". _ Irl what is knovn as Edward's Development on iicFarl;,rd lv,i. :here are already two existin€- care cf•n+er l s within a bock d4 stance unbeknown to neighbors until a few months.ago when anDisease 91 year old lady "picked a lock and got out into the street. D£ €;=nh for help" a nurse neighbor called the police and an amb';lance to„i, t.h;; wo^.an Eo Saler:. We note that these homes are often leased, option t.o buy, `arinf= on- woman to core in and tsupervise° these pa+lents and opera'-(: a:3 a bl?slff sr venture. Just a month ago this home applieQt ion for 4 add it i oral roo:;;, arid 4 baths was approved and will house "5 or less foster care". Three a };or:e for sale currently with this same operator askln , '.`.:r builder for a leaoe option srAs to place another "5 or less...... One nnii;hber i!iiPt`.IGPn wild bought their dream home is asking "what is going on ar.(? how hest can ve grit involved in protecting cur residential neighborhood from these operators?" Just, around the corner going up Bull 1111tn. are residential homes operating care centers with one sold just 3 weeks ago renovating a small 2 he.-droom, 2 ')a4h, for "5” Plus staff already living in these cramped quarters, =I. i; juste. a small example of observations beinn rade and no douh': la p-nin • lin ever,, city in the State or LTegen. Beaverton has reeeivec this inform t o,,. and is carr.^.nt.1y `,rit.;nr up bele restrictions and Coa nissioner Lucille -arrer is ho-!i'n a hParinr; Thurs., Feb. 23, 10 a.m. counts- courthouse, to cover this: jc-� `t-open to the public and hole you are able to attend and also .:say informed on a local level. It vas hoped that, if a special session vas called ti-,a+ t:!is ',ill's dictates on local jurisdic•ti.ons could lie addresnr•d. We welcome ;your partic;pat,-ion in +hiF local concern. ;ualit-Y of life for the, elderly, handicapped either physicall'- or *^ ntall.y is ever�`one°s. quest. Would appreciate you takincr the time to Eire ; copy n" thi Letter to your meMI-.T'Ship and also encourage at"riCance at ary '!earings i.e. Feb. 23. � !rr•^rely. . . : t p WASHINGTON COUNTY,OREGON February 10 1984 g i Schwabe, Williamson, Wyatt, Moore & Roberts Attorney at;Law 1200 Standard Plaza 1100S.W. 6th .venue Portland, Oregon 97204 Attention: ' James P. Martin Reference: City Council Agenda Item "Unconcealed Weapons Permit" Gentlemen: As per your telephone request on February 9, 1984, the Council discussion on 1laconsealed Weapons Permits, scheduled for February 13, 1984, is -rescheduled',for February 27, 1384. d� Sincerely, CITY OF TIGARA fzrtin' Administrative Assistant JM/pn (0258p) cc: Mayor and City Council Steve Crecy, City Attorney's Office Bob Adams, Chief of Police 12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 y�p 2 all SCHWABE,WILLIAMSON,WYATT. 1 'OGRE ROBERTS c WASHINGTON.D.C.OFFICE ATTORNEYS AT LAW ALAN s.t1.RSEN 1200 STANDARO PLAZA ERICH H.HOFFMANN ROBERT B.DUNCAN Y11WAM H KINSEY,PC MARK H.WAGNER 1100 S.W. 6-AVENUE MARY D.CONDIOTTE FREDERICK P.HITZ # WAYNE A.WILLIAM`SON,PC JOHN G.CRAW FORD.JR. n J L-SCHWASE,PC. NEVA T..CAMPBELL PORTLAND,OREGON 9981 O8z ANDREW .DULCIC ILJR. NO LL WYATT JOHN E.HART. TELEPHONE 15031222'9981 THOMAS V.DULCICH c. _ N MODREPC ROC-ERA.LUEDTKE : BRIAN M-PERKO SEATTLE OFFICE t K GTH E:.NO@ERT S:PC ROY D.LAMBERT DIRECT DIAL ' J.P.GRAFF -FRANK W.DRAPER JAMES.B.:O'MANLON.PC W.A-JERRY NORTH BERNARD M RYAN. �. PAUL N.DAIGLE,PS 'DOUGLAS M.THOMPSON.PC, ROB DAYTON.7A DLD'RON CA.IEAIDRE55 '•ROBCAt" RICHARD J,KUHN. '..ELIZABETH K.REEVE'• JAMER R.MOORE TELEx•Ia 1563. JANET M.SCHROER GARY.D.KEEHN r A:ALLAN FRANZKE,PC DAVID W.AXELROD .KEVIN F.KERSTIEN@ DAVIDR ANTALSI TELECOPIER-(803)2L2.0267 RONALD C.HOLLOWAY . I ' ROLAND F.HANKS.JR..PC ANCER L-HAGG N 4E CURT B.GLEAVES': DENNR A.OSTGARD GINO G.PIERETTI.JR.'.: OELSERT J.ORENNEMAN DAVID Y MILLER.' ROBERT M.KRAFT IV f: DOUGLAS J,WHITE.JR. :''JAMES£BN EPiGT DAVID F.BARTL,JR, h9ARK G..BEARD,C ROCKNE GILL WILLIAM H.REPLOGLE IN REPLY RESPOND.TO: .MARK A LONG JANET.t SMITH P .. JUHN R.FAUST.JR. STEPHEN J:bOYLE BERT W.MARKOVICN; '+ JAMES A.LARPNTEUR,JR. LAWRANCE L PAUL50N ACK MARK M.LECO4� JAMES F.at '.DONALD A HMG NSEN .ALLAN M.MUIR 11g ...WILLIAM E.LOYE RUTHJ.HOOFER LIRA L.HERSHEY p 14 ROSERY G.sIMP50N JAMES P.MARTIN BRUCE SPAULDING - RIDCdWAYK.FOLEI•.JR..PG CHARLE'1 R.MARKLEY CF.OUSEL ROBERT A..STOUT DEBRA 30LLE HE ALY THOt"A's M.TRIPI.ET"T: 'J.:BYE WERTS CYNTHIA S.C.:BHA LL J ROBERT E:JOSEPH OAfd,ELF K24OX MICHAEL V..FENNELL ` KENNETHD RITCHEL ENNER RICHARD T.ANDER50N,JR. KENNETH.E.ROtlERTS,JR. P UL K@OCC,,JR. RICHARD K•NANSEN *OREGON AND F DOMALDJOE WILLIS.a - p JOHND.OU INA350 W.ASHINGTaN STATE BARS 1 J.LAURENCE CABLE GVY G STEPHENSON February 9,... 19 8 4 O.KEVIN KIELY JAME5 M FINN f/NOT A HENEER of MICHAEL D.HOFF MAN� DENNIS S..REESE LORY R.LY@ECK JAMES D.HUEGLI EUGENE L GRANT STEVEN W ABEL OREGON STATE BAR HENRY C. W,LLENER MARC.K.SELLEks TERRY C.HAUCK t i Mr. Robert Jean City Administrator City of Tigard Post Office Box 23397 Tigard, Oregon 97223 Re: Payless: Security Matter File No. 67340 31871 Dear Mr. Jean: This will confirm my conversation with your office in which I requested that I be scheduled on t e Of February h Council meeting following February 13, agenda for the next Citycouncil by Chief Adams that I was 1984. I was previously to have scheduled for February 13, but I feel it is necessary a representative from PaylessCaotteo£twith his let will dhe is r to Chief Adams, unavailable on the 13th. wPY I am advising him that we wll not be attending on that date. Thank you for your cooperation. Very truly yours, mes P Martin JpM:rr CC: Chief Adams Payless Dennis Gogolski, THE FLOUR MILLSUITE 302 1000.POTOMAC ST.N.W. 12021 9TS$"8300. 15031 242.1532 WASHINGTON,D.G.20007 SUITE 9C0 141II FIFTH AVENUE (200)621-9168 SEATTLE.WASHINGTON 98171 • PEOPLES NATIONAL SANK BUILDING .. O'DONNELL. DATE February 8, 1984 SULLIVAN & RAMIS 0 ATTORNEYS AT LAW TO Tigard Cit Council 1727 N.W. HOYT STREET. g y PORTLAND. OREGON 57209 (5031222-4402 FROM Stephen F. Crew, City Attorney' s office z.- RE Tigard.Municipal Ordinance 7.32.125, Carrying a 'Loaded Firearm I have reviewed the above-mentioned ordinance and am of the opinion that the ordinance would survive a constitutional' attack. I believe the ordinance is specific enough to avoid .a "void for vagueness" attack, ;as well asan "over broad" attack. I also believe it is a proper exercise of the city's police power. Although not identical, it is similar to an ordinance currently in effect in the City of Portland. CC: Bob Jean, City Administrator Chief of Police SFC:mch 2/8/84 01, 1 CITYCIFTIOARD WASHINGTON COUNTY,OREGOb! POLICE DEPARTMENT 1` January 31, 1984 Schwabe, Williamson, Wyatt, Moore & Roberts Attorneys at Law 1200 Standard Plaza lloo S.W. 6th Avenue Portland, OR 97204 1 SPECIAL ATTENTION: James P. Martin Dear Sir: ear before the City Council relative As per your request to app to Tigard Ordinance_7.32.125, regarding carrying ,a loaded unconsealed firearm.' _ You have been scheduled for the City Council meeting mf and February 13, 1984• The meeting will begin at 7:30 p• it is held at Fowler Jr. ,High'School located at 10865 S.W- Walnut Street. It is the City of Tigard's opinion that there is a compelling public interest in this matter, relative to who should be ven point ized to carry a loaded firearm within the city at any g licants in time. Therefore, background investigations of the app are required to satisfy that issue. Sincerely, R.B. Adams Chief of Police RBA:ac cc: City Administrator City Attorney 9020 S.W.BURNHAM •P.Q.BOX 23397•TIGARD,OREGON 97223 d PH:639-6168 j SCHWASE,WILLIAMSON,WYATT, MOORE & ROBERTS ATTORNEYS AT LAW.. 1200 STANDARD PLAZA DELBERT J BRENNEMAN ERICHH HOFFMANN 1 BRUCE:SPAULDING. ROBERT G.SIMPSON 1100 5 W. 6T_-AVENUE. WILLIAM H.KINSEY,PC RIDGWAY K FOLEY.:JR. PC .ROB ERT W. NUNN MARY DAVIS CON DIOTTE ., NUR'^'-"E A.WtLL1AM SON,PC THOMAS M.TRIPLETT PORTLAND, OREGON 97204 JAMES E.BENEDICT NANCIE POTTER ARELLANO .iSGHWABE;PC ROBERT E.JOSEPH,JR. WILLIAM H.REPLOGLE JOHN J.FENNERTY ' 7 SCHWABE ROBEPAUL RTN..E.JO E;P5 TELEPHONE 15031222-9981 LAWRANCE L.PAULSON ANDREW J.MORROW,JR. GLnVON WYATTORE..PG KENNETH I RE.PS- MILDRED J.CARMACK THOMAS V. DULCICH KENNETH E.ROBERTS.PC KENNETH E.ROBERTS.JR DIRECT DIAL# .DONALD A.HAAGENSEN BRIAN M PERKO ..JAMES S.O'HANLON,PC :DONALD JOE.WILLIS RUTH J HOOPER J.P. GRAFF DOUGLAS M.THOMPSON,PC J,.LAURE NCE.CABLE CABLE ADC RESS.'•ROBCAL" ELIZABETH K.REEVE` BERNARD M.RYAN (JAMES R.MOORE MIC HAELD.HOFFMAN• TELE% .151563 CHARLES R.MARKLEY RICHARD J.KUHN. A:ALLAN FRANZKE,PC 'JAMES D.HUEGLI TELECGPIER-15031 242-0267 ROBERT.A-STOUT 'JANET M.SCHROER ROLAND F BANKS'.JR.,PC HENRY C.WILLENER J.STEPHEN VOX • RONALKEVIN D C.KEHOLL W GINO G.PIERETTI,'JR. TERRY C.HAUCK DANIEL ITCHEL RONALDGLEAVEOWAY DOUGLAS J::WHITE,JR "MARK H.WAGNER AN K.R. BOCCI, DAVIDCURT B.CLEAVES ROCKNE GILL JOHN G.CRAWFORD,JR PAUL R:BOCCE,JR .DAVID K.MILLER JOHN R.FAUST.JR. NEVA T.CAMPBELL- -I- GUY C.STEPBENS M DAVID F.BARTZ,JR. JAMES A.LARPENTEUR,JR. JOHN E.HART January 13, 1984 JAMESWILLIAM W.YOU NGMAN MARK.E LONG _ JAMES F. 5PIEKERMAN ROGER A.LUEDTKE JAMES M FINN STEPHEN J.DOt'LE ; WILLIAM E.LOVE' 'ROY D,LAMBERT - DENNIS S.REESE MARK Id.LECOO "RJ.,4.JEq JERRY NORTH EUGENE L.GRANT ALLAN M.MUIR -TAMES T-.WALCRON MARC K.SELLERS LISA L.HERSHEY ROBERT D.DAYTON ALAN S.LARSEN , FORREST W.SIMMONS DAVID W.AXELROD OF COUNSEL ANCER L.HAGGERTY OREGON STATE AND wn5HIN6Ton BTATE BAg6 - S � U J i, I�_i Mr. Robert Jean City Manager City of Tigard Tigard, Oregon'97223 <r,' '1984 Re: Payless: Security Matter File,'No. 67340 31871 Bear Mr. Jean: This office is representing Payless Drug Stores Northwest,' Inc. A problem has recently arisen which concerns the compliance by security personnel for Payless ,with City of Tigard Ordinance 7.32.125 relating, to carrying of loaded fire- arms. As you will see from a review of the 'ordinance, it is necessary that a permit be obtained from the City authorizing uniformed private security personnel to carry unconcealed firearms while performing the duties for which they are employed. There are a minimum of 14 Payless Security Officers who are required to, aL. times, be within the City of Tigard. Because of ordinance 7.32.125, they are prevented from effectively performing their job. I am writing at this time to formally request that the City Council consider this matter at the next Council meeting. After they have had an opportunity to consider this matter, I request an opportunity to speak to the Council, if necessary, and would like to be put on the agenda at the next available Council meeting following their consideration of this request. In their consideration, I propose the following possible solutions to the problem. Initially, the ordinance seems to conflict with the Oregon Constitution, Secion 27. There is also no comparable state statute applicable to firearms carried openly and on belt holsters. I understand from speaking with the City Attorney that this ordinance is not a significant revenue generator and would simply suggest that the Council take the appropriate steps of repealing the ordinance. $EATTLE.WASHINGTON 98101 O 11 1 1 THIRD AVENUE BUILDING•(206)621-9168•(503)242-1532 WASHINGTON,D.C.20007 O ROBERT B.DUNCAN&FREDERICK P.HM.RESIDENT PARTNERS B THE FLOUR MILL,SUITE 302•1000 POTOMAC ST.N.W.O(202)965-6300 J Mr. Robert Jean Page2 January 13, 1984 Payless is very interested in attempting to resolve this matter amicably and at the least expense to everyone concerned. Neither; they, nor I am sure the City, would like to get involved in expensive litigation over whether the ordinance is constitutional. They are firm, however, in their position that the ordinance poses:substantial difficulties for them; in effectively operating their business. In that regard,,' and as a possible alternative to repeal of the ordinance, Payless would be interested in 'exploring the possibility of obtaining a blanket license for their security personnel. while such a procedure,may be somewhat unusual,` Payless is willing to work with the City in whatever steps are necessary to resolve this L problem. I look forward to hearing from you or an appropriate member of ,the City_Council, or your City Attorney as soon as possible. ' Thank you for your attention to this matter. Very truly yours, mes P. Martin JPM:rr .. SCHWABE,.WILLIAMSON,WYATT,MOORE & ROBERTS 5 } To .City Councilors: r u Dear Council Members, This proposal is gross and outrageous- I'm appalled at these millionaires, developers, and city staff trying to force this fraud L.I.D. on me, which is designed for the 'developers sole benefit. I object having Mr. Wright dictating to me the developers plans, wishes, and desires. Mr. Wright is being paid by these developers to do this snow'job and to protect their interests. I'm not going to submit to Mr. Wright's dictating to enslave me for Mr. Randall, Mr. Pollock,: and Mr. Williams benefit. I will not slave for these developers. I will not have anything todo with theithis scam of L.I.D. I will not put these developers lines; business. I will not ill I`have a street. T will not pay for water lines; I have water. I will nst` eet pay for sanitary sewers;-I have sanitary sewers. I will not pay for street lights;I have street lights. I won't pay for something that, I already have. Will someone explain to me how I'm going to by paying for the developers sanitary sewers, water lines and all other improvements benefitT see he benefit at all to me ; so if; there is no benefit to me why then that they need? should I pay;for these developers? Why are they trying to force er is pay for them? Why am I here tonight begging you not to make me pay for this developers L.I.D_ebut t project? Well, I''am here tonight not to beg you to exclude me from his farce L.I.D but to tell you, to tell the 'developers and to your city staff to takethis L.I.D. and to stick it in their ears. I'm tired of these developers trying to muscle me through the city council. ; I'm 'tired of these developers writing letters to city staff suggesting how I should be treated and how red of d should be made to conform with their wishes and plans. I'm tieelep developers tI'mntired -Orce-me to :subsidize them. I'm tired of developers trying to steal my prop of developers threatening me with condemnation of my property for their use;and benefit. F I'm tired of developers interferring with my livelihood. I've haditith c it red staff,being Aldie Howard and Prank Currie. I am sick and tired of being Oppressed. treated as a second class citizen. I'm tired of their extortioonn tactics. I'm ordi`nances.tired of all the dirty things they have pulled on me. I'm tired o� them changing Case in point: The site/design review board. I'm tired of their fascist and dictatorial attitude. I'm tired of being held hostage. I'm tired of them abusing my civil rights. is trying to force me in this scam of L.I.D. Mr. Currie, I can And now, Mr. Frank Currie understand the developer's motives but I don't understand yours. Mr. Currie when the developers say to you jump, do you say how high? Mr. Currie, did you ask these developers to dedicate their land for this street which is for their use? Notice I said ask, not demand, the way you demanded my land. Now, Mr. Currie you demand of me to pay for their land and also to pay to construct their street. Mr. Currie, do you have any answers why you do things like is forced on me you better have answers because the this? Mr. Currie, if this L.I.D. itizens of this country and whole world would want to know citizens of this community, c rest of the bunch at city hall. Tonight, I ask you the what's going on with you and the councilors, to do what is right and just to totally exclude me from this L.I.D. and to instruct your city staff to stop all. of the harassments. Also, kindly have your staff refund my building permit,money and plans. I have been maimed and injured enough from this street business, incerely, ,john D. Alexander 4, judith marlene probstfield 3696 se roanoke court hillsboro, oregon, 97123 March 7th, 1984 Mr. Frank A. Currie, P.E. E Director of Public Works City of Tigard 12755 S.W. Ash I P.O. Box .23397 Tigard, Oregon 97223 Re: Dartmouth Extension. . . . .Tax Lot No. . .1S136CD170G Dear Mr. Currie; R Thank you for your letter of March 3rd, 1984 informing me of the public hearing scheduled for March 12th, 1984 regarding the Dart- mouth Extension and the-'estimated assessable cost• i I wish to go on "record" as OBJECTING to the proposed boundry line and 'how it affectsmy assessment. My property identified on"Exhibit A of R.A. Wright En ineering report of. February 8th, 1984 (revised ' February 14th, 1984 as " 1S136CD1700 (Tax Lot No. ) .appears to have the`potential of incurring an assessment of $43,C00.00 . It seems to me by REALIGNING the proposed boundry line facing Pacific om the Highway, a 45 degree angle , to a 30 degree angle line rerequita- front left to back right corner. . •of my property, a ble assessment could be made of me. I will agree to my'"fair `share", and believe this change would serve the proposal well and reduce my assessment to approxmately $ 20,000.00 /- As a result of scheduling conflicts, I will not be available at 7:30 p.m. on March 12th for the planned Public Hearing.; however, if my verbal,testimony is required, I could appear by 9:00 pom. Please let me know if this agenda item will be heard at this time. If I may; offer further information, please do not hesitate to contact meat 648 9594. Si e e1 �cE udith M. =stfield RECEIVED M9 [;IM 91984 F AR G11Y O 11GARD �� "0 March 8, 1984 RECEIVE® City of Tigard 198 RE: Resolution No. 84-14 CITY OF TIGARD Dartmouth Street Improvement Dist. No. 40 This is to protest the Dartmouth Street Improt.=ement Dist. No. 40 as proposed regarding the amount of assessment to be levied against my property. The estimated 'amount of $26,093.00 on my home which has an assessed value of $62;600.00 creates a dire situation as regards to paying for this assessment. The $26,093.00 assessment bonded over 20 years at 10% interest will end up being more than double the original amount of assessment. Several issues have not been fairly addressed. One, is that I>am the only resident with property directly adjacent to the Proposed Dartmouth Development in which all of 'my property falls in Zone A and is entirely assessed at $1.59 a square foot while Zone B is $1.06 a square 'foot and Zone C is $0.53 a square foot. Other property owners who are developers with several acres, benefit from a more generous form of assessment. I have'a lot consisting of 1/2 ;acre which is being solely assessed in Zone A. There is one other resident in this development that has only a,portion of their lot involved with an assessment of $4,455.00. All other land is owned by developers such as Pollock who has 9 acres, Randall Co. has 5.9 acres, Martin has 27.5 acres, and Williams has 17.7 acres. Christen owns 10 acres that is under option by Williams. The;developers have several acres being assessed at the lowest rate of $0.53 a square foot with some property being beyond Zone C of assessment. The developers benefit greatly and will be able to recover their costs. Since I have been a resident on this property for 20 years, it is evident the,property was not purchased for speculative purposes. It would seem unreasonable to pay an assessment at the same rate-as- the-large developers who will receive the greatest benefit to their properties by this Proposal. Another issue is the possibility of moving the road and development farther south where there are acres of land that have no residents whatsoever in the path of development. If this were to be the case, this would surely eliminate my property from any of the L.I.D. assessment as I would have no access to it. By the precedence set in the exclusions of this proposal regarding other residents facing S.W. 72nd Avenue I too should be exempt from this Development. This would put the improvement down the Pollock property that is to be developed. This seems a fairer situation. The 72nd Avenue, which my property faces, is in the Master Plan to be improved in the future and I would then be in that L.I.D. The present proposal for the Improvement to border my property line and home has disadvantages of noise and pollution due to the heavy traffic. However, I plan to remain in my home if I am financially able. Regardless of the outcome of the developers and engineers decision, I feel as a resident of 20 years that my plea for a lesser assessment should be addressed and resolved. I feel that I am unfairly assessed because the- present method will assess my property at the $1.59 a gquare foot rate. Louise (Hedgepe Stewart 11990 s.6J. 72nd Avenue Tigard, Oregon 97223 ` CITY OF TIGARD, OREGON i COUNCIL AGENDA.ITEM SUMMARY jj AGENDA OF: March 12, 1984 AGENDA ITEM DATE SUBMITTED: March 6, 1984 PREVIOUS ACTION: EngineersReport 2/13/84 ISSUE/AGENDA TITLE: S.W. Dartmouth Resolution-of-Intent 2/27/84 Street L.I.D.' # 40 REQUESTED BY: Council DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY The Tigard Comprehensive Land Use Plan requires construction of a major col- lector rconnecting ;Pacific Highway at S.W. .78th Avenue to the Haines Road Inter- change at I-5 as a`condition of development. Three major property owners have agreed to pay for the cost of a feasibility and preliminary engineers report for such a project. Council reviewed the report by R.A. Wright, Engineering Consultants, on February 13, 1984, and passed a resolution ofintent on February 27, 1984, setting" a public hearing for tonight, March 12, 1984. The Resolution of Intent also describes the LID boundary and identifies the proposed method of assessment. Property owners have been mailed a notice of the hearing together with an estimated proposed assessment. The purpose of this hearing is to allow benefitted property owners the oppor- tunity to object to the formation of the Local improvement District. The Council .may: 1. Approve the project as proposed, or as proposed with minor modifications. In this case, staff will return to council with an ordinance creating the district as proposed; 2. Return the proposal to staff for major modifications. In this case, staff will attempt to change the proposal to meet the modifications and re-advertise for a new public hearing; 3. Reject the project. ALTERNATIVES CONSIDERED 1. Forward project as proposed or with minor modifications; 2. Return the project to staLi for major modifications requiring another Resolution of Intent and setting a new Public Hearing; or 3. Reject the project. - - SUGGESTED ACTION Staff recommends #1 that Council approve the project as proposed or approve the project with minor modifications and direct staff to return with an ordinance creating the district as such, conditioned upon acquisition of all rights-of-way. MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and City Council March 7,1984 FROM; Deputy City Recorder, Loreen Wilson SUBJECT: Council Agenda Item # 10: Please bring your copies of the Preliminary Engineer's Report for reference during the publichearing. lw CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: March 26, 1984 AGENDA ITEM h: DATE SUBMITTED: 3/19/84 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Replacement Vehicle purchase- not fn axraarl ono City Administration REQUESTED BY: Pjlrrhaaino 4ant DEPARTMENT HEAD OIC: CITY ADMINISTRATOR: INFORMATIONSUMMARY City Council authorized the purchase of a'replacement vehicle for the one lost by arson on February 3, 1984. Council authorized purchase of a mid-sized, newer model used car with;good gas mileage in an amount not to exceed $8,000. Competitive quotes were received and the recommendation was to purchase from a private seller a 1983 Chevrolet Celebrity, 4 cylinder, (35-25 MPG) 4 door sedan, at $6,995. The purchase was made under the provisions of ORD 83-62 Section 11, (1) (b) and Section 13 (1) (a) , authorizing purchase of used equipment. Local Contract Review Board Rules Section 10.000 and Section 90.010 also apply to this situation. ALTERNATIVES CONSIDERED N.A. 96Qii.Y 03�tSffiY0$�ffifHffiLCffi3ZIS$AOtAS�ISSSRg,.'RGffiCC=6S=F2.�=.^.i^'===C"Si'.^_8.E3SS='=Tffi1iA�ffi��]IMROS�¢SS6Sm➢4S�C��C�� SUGGESTED ACTION Receive and file. I' Section 10. Authority To Obligate The City 1. The Council shall approve all public contracts and personal services contracts except as otherwise provided by Section It. Section 11. Delegation Of Authority To Obligate The City i. 'i"ioe Administrator shall have the authority to obligate L-hss City without specific Council approval provided the obligation is part of an adopted budget, the rules adopted by the Board are satisfied by written _findings and a record is made of the transaction which shows the rules have been satisfied as follows: i a a. The Administrator may enter into a public contract or personal services contract -which doesnot exceed five . thousand dollars and complies with Section 13. k k b. The ,administrator may enter into a:public contract for used equipment which does not exceed ten thousand dollars and complies with Section 13. 2. The Finance Director shall have the authority to obligate the City without prior specific Council approval provided the obligation:is part of an adopted budget, the rules adopted by the k Board are satisfied by written findings, and a record is made of the transaction which shows the rules have been satisfied and the obligation is for a public contract or personal services contract which does not exceed five thousand dollars and complies with Section 13. �$ k . 3. The Purchasing Agent shall have the authority to obligate the c City without prior specific Council approval provided the - obligation is part of an adopted budget, the rules adopted by the i Board are satisfied and a record is made of the transaction and ! the obligation is for a public contract which does not exceed k five hundred dollars and complies with Section 13. E Section 13. Limitation To Expenditures_ 1. The delegated authority to obligate the City shall be subject to G the following limitations: 1 - 3 ORDINANCE NO. 33 t PAGE 3 a. The expenditure shall be for a single complete item k ( contract; and b. The item or contract shall not be a component of a project } except in the case of a project which involves a personal services contract and a public contract. In this situation, ` the personal services contract portion shall be considered a single complete project and the public contract portion shall be considered a single complete project, j . r MEMORANDUM CITY OF TIGARD, OREGON TO: Bob Jean, City Administrator March 20,' 1984 ` 1. FROM: John Hagman, Engineering Division Supt. SUBJECT: Cook Lane L.I.D. Proposal Afterconducting two informal public meetings, one on an area wide basis and the other on a 'limited area basis, staff had determined;that there is not sufficient interest in the formation of' a sanitary sewer. L.I.D. at this time to warrant proceeding further therewith. 51 MEMORANDUM CITY OF TIGARD TO: Mayor and City Council Date: March 14, 1984 FROM: Jerri L. Widner, Finance Director -� SUBJECT: DEPARTMENTAL SUMMARY REPORT FOR THE MONTH OF FEBRUARY, 1984 Administration: The reception area received 8,455 telephone 'calls during February, for an average of 403 per day. There were 2,188 walk-ins, an average of 104 per day. The majority of the director's time was spent on elections, budget meeting preparation, budget meeting minutes and Bancroft billings. The department secretary spent her time preparing bank deposits, purchase orders, department ;typing, and preparing cross-training materials for her job. The assistant director's time was spent preparing for purchasing training sessions, recruitment of a Public WOrks maintenance worker, seeking and evaluating life insurance plans for the police and other employees, etc. Accounting: w The accounting division has been implementing the improved sewer program. This project will take some time to be completed. The first billings are not expected to be mailed until the middle of April. A new billing form is to be developed. in February, 433 payroll and accounts payable checks were written. There were 425 cash receipts written. Due to federal requirements, 1099s had to be sent to any individual that was paid $600 or more. The requirement went back to calendar year 1981--a total of 68 forms were mailed to vendors. Support Services: Business tax collections totaled $2,165.00 in February--47 businesses paid. The 'division has been concentrating on bringing council filing up to date, assisting with verifying candidate signatures and reducing the number of emergency work orders for word processing. (0242F) 19A LIBRARY 639 9511 92568 SW Main•Tigard, Or.97223 MONTHLY REPORT February 1984 g TO: Library Board City Council FROM:: City Librarian LSCA Grant: The Oregon State Library <(OSL) received nine grant requests for large print materials. Instead of funding only some, the OSL'staff has sug- gested one large grant for the entire ;state. Multnomah County will submit the grant and house the project. A full-time librarian;and clerk will be funded to administer and carry out the project. At least $25,000 will be requested for materials. The books will be sent throughout the state in rotating collections of at least 50 books. Tigard"could, possible receive as many as three collections at once. The ta')le magnifier which was in- cluded in .our original request will be part of this larger grant as well. This will afford all libraries in the state access to a much greater number of books. Funding for this project will be requested for at 'least three years. Budget 1984-85: The library budget was; presented to the Budget Committee at its February 15 meeting. Discussion centered particularly on the service level feasible for the library without WCCLS funds and no new city tax base. This worst of all cases would reduce library staff and hours by 50%. Book budget would be reduced from;•$25,000 to approximately $3000. (More recent revenue projections and expenditure' adjustments have somewhat mitigated the impact or. the library.) WCCLS Budget: The Washington County Commissioners have voted to include $2.2 million in the County tax base for library services. The indication is that they would plan to fund this amount for library services for three years. At a WCCLS professional board meeting on February 16, Commissioner Killp ack had indicated that 'the Commissioners would possibly take this action, but at that time there-was some question about the amount because Commissioner John Meek was exploring the feasibility of using the County .ESD computer for- the WCCLS circulation system. No further information has been received regarding that proposal and the Commissioners voted the $2.2 million which includes a WCCLS computerized circulation system. At another meeting of public librarians and - city managers on February 24, there was discussion regarding the new formula for distributing funds and a multi-year contract betweenthecities and the county. Several cities indicated an unwillingness to support the county tax base or participate in WCCLS if these concerns are not soon addressed. The City Administrator and Librarian prepared a resolution for City Council meeting on February 27, supporting the County tax base if the County accepted the con- ditions regarding amount ($2.2 million for three years), the new distribution formula and a multi-year contract. City Council, understanding at that time that the amount would be less, declined to approve the resolution. Since the amount has definitely been established at $2.2 million, the resolution, or one similar, will be returned to the City Council. for action. a. a 5 } TIGA_RD PUBLIC LIBRARY - MONTHLY REPORT - February 1984 -- page 2 WCCLS: Librarian attended WCCLS professional meeting March 16. Primary discussion was on WCCLS budget as reported above. r" MACC Access Committee: Librarian is the representative for libraries on the MACC AccessCommittee. At a meeting on February 29, items-of interest were: (1) Discussion ofcopyright by Storer Metro on access productions; (2) Beginning review of proposed rules for community access. On-line Workshop: Librarian and Assistant -Librarian attended an on-line data base searching workshop at Pacific University sponsored by WCCLS. Children's and Youth Services: There was impressive circulation•-growth for: juvenile books in February in all categories and with a record high juvenile non-fiction, :a 19.2% increase ''over `February 1983. This is encouraging con- sidering that the library was open 2 hours less per day than last year. Storytime attendance is experiencing steady growth. Easy books (E) were counted several times' this month. There was an averages' of just 77 at any given time. Four 'groups of children visited the library in February, one in response to a letter sent to area schools last month. Two letters appeared in the Tigard Times from children suggesting that more money was needed for children's books. The Times published a reply from the Children's ' Librarian. The Children's Librarian also attended a workshop dealing with strategies for use with reluctant readers. Volunteers: Volunteers worked a total of 217 hours; daily average 9 hours. (+ Work Indicators: February 1984 February 1983 Adult Books 5992 7017 Juvenile Books* 3155: 2896 Interlibrary Loan 70 81 Magazines 507 526 Records/Cassettes 118 144 Other 76 47 Total Circulation 9,918 10,711 Days of Service 21 20 Average Daily Circulation 472 536 7 Increase/Decrease Circulation - 7% +15% Reference/Readers Advisory 426 564 Materials Added 181 609 Materials Withdrawn 347 362 Storytime Total 73 60 Borrowers: New/renewal , 217/146=363 201/87=288 CITY OF 'rIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 3/26/84 AGENDA ITEM DATE SUBMITTED: 3/16 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Department Issues REQUESTED BY: DEPARTMENT HEAD OK: WAM CITY ADMINISTRATOR: INFORMATION SUMMARY Attached is the Planning and Development DepartmentReportfor February, 1984. ALTERNATIVES CONSIDERED SUGGESTED ACTION Accept and place on file. MEMORANDUM CITY OF 'TIGARD, OREGON TO: Mombers of the City Council March 19, 1984 FROM: William A. Monahan, Director of Planning & Development SUBJECT: Planning and Development — Monthly Report During the month of February, building and planning activity continurac9 at a strong pace. Keith Liden assumed the duties of Associate Planner and is now responsible for all current planning activities. Keith is already making much needed revisions to our forms and procedures which will expedite and improve our approval process. Comprehensive Plan- Update -- The City's plan will be reviewed by LCDC in April. The ,planning staff is responding to concerns of LCDC and various reviewing agencies which have objected to various portions of the plan. Revisions to address these' concerns will be reviewed by the Planning Commission and City Council in April. The LCDC has extended our acknowledgment request. This is a pro forma action which they have done regularly during the past four years. It will not affect our scheduled hearing date which is still set for April 26 or 27. We have also received word from LCDC that the application which we filed on October 13, 1983 for a $7,662.00 Comprehensive Land Use Plan Maintenance grant has been approved. We will receive this grant upon completion of our acknowledgment review process. (WAM:pm/0361P) r _ - r , 3 MEMORANDUM TO: _CITY COUNCIL FROM: PLANNING AND DEVELOPMENT DEPARTMENT MUM 4 DATE: March 1, 1984 SUBJECT: Monthly Report for month of FEBRUARY - Building Division February's building activities :include permits for 4 sign, 15 single family residential, 3 residential alter/repair, 1 ' commercial, 6 commercial alter/repair, for a total valuation of $1,187,979.00. Fees for 25 ,permits $ 9,454.86 Fees for 4 signs 85.00 Plumbing Activity - 28 3,637.20 Mechanical Activity - 31 648.00 TOTAL.......$ $13,825.06 Sewer Connections 15 $13,150.00 Sewer InsPections - 15 $ 525.00 King City Activity There were no permits for King City for the Month of February, 1984. g r c C+ ooO000Ic;C; acio0ooO0000O000O a>` I-1 P O O O O Q O O A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 P < P OO OOOOO.-)oCO'O.O OO'OOOOOOOOOOO o) P C) T d in )0 W P C) C) cv C% 00 cr) 0 %0 00 rd7 10 10 10 co P P 10 %D Ln in %0 P co 00:co 14 H Ln co 14 r-a 4& . Pd Pd W r-) r+r♦ ri H -4 r+ rt H ra 4+4 H d d d %a ca d d cdd cd d d a! d d d d d r-! r4 r-a ri H r-d rl ,T .w..w .w .w w .w .w .w , .w w .+'.w .w ., cd at d cd d d d co 41.a.) +) 41 .0 .e-) ra d, .0 .0 41 r) 41..s/ C..0 C .C:C C r. 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O O O a o F F F p7 H of W h9A u W w w - O H W W w q N a0 IdJ 0 ai H C C C a U d H rl e-1 {L G 'i N pS y Q7 W M M M q N0 41 0.3 G7 4C O O O O O O F yIy t. d aF v � P! H O rl d 1 H U m F O n n H 0 H I; N N N .✓ 7 O FFP TIGARD PLANNING COMMISSION Regular Meeting February 7, 1984 1. President Tepedino called the meeting to order at '7:35 P.M. . The meeting was held at Fowler Junior High School - LGI Room - 10865 S.W. Walnut - Tigard, Oregon. 2. ROLL CALL: Present: President Tepedino Commissioners Vanderwood, Sutler, Owens, Peterson, Edin, Fyre, Moen, Leverett. Staff: Director of Planning and Development William A. Monahan (arrived .9:15 P.M. ); Associate Planners Elizabeth A. Newton and Keith Liden; Secretary Diane M.`Jelderks. 3. Minutes from January 3, 1984, were considered. Commissioner Owens moved and Commissioner Edinseconded to approved minutes as submitted. Motion carried by unanimous vote of Commissioner present. s. Commissioners Moen and Leverett arrived. 4. PLANNING COMISSION COMMUNICATION Tigard School District presentation. Larry Hibbard, representing the school district stated the :school impact forms were valuable as they use them for 'plotting developments. He would like to see 'a system developed when a project begins building that the school district could be , notified. Major concern of the school district is the safety to and from school or bus stops. Most the the Tigard Schools have sufficient classroom space, however, when Bond Park is completed they may need to change boundaries for Durham School. Discussion followed between Mr. Hibbard and Planning Commissioners concerning how Commissioners should deal with school which has reached the point for the need to change boundaries. Conclusion was if the school district signed off on the impact statement, it is the school district's responsibility to meet the needs of the development. 5. PUBLIC HEARINGS President Tepedino opened the public hearing by reading the procedures to be followed during the hearing. 5.1 COMPREHENSIVE PLAN AMENDMENT CPA 18-83 ZONE CHANGE ZC 14-83 Russ Krueger NPO # 7 o A request to amend the Comprehensive Plan Land Use Map and the Zoning District Map to relocate a Neighborhood Commercial designation from the west side of 135th Avenue, south of tax lot 100, to the northwest corner of tax lot 1000 along 135th Avenue. 0 Associate Planner Newton made staffs recommendation for approval. 3 c 1 k _ o NPO COMMENTS - RichardBoberg, Chairman for NPO #k 7 stateo "they supported the proposal. They felt this proposal was superior to where the Commercial 'Neighborhood zone was ,presently ,located and liked the street alignment. However., they were concerned about the size of the lot. F r ® APPLICANT'S PRESENTATION - Ryan O'Brian, Planning Consultant for the applicant was available to answer any questions. 0 Commissioner ' Edin questioned the applicant if he realized he would have to file for a variance if a oversized grocery store was { necessary for the site. { r o Mr. O'Brian stated, yes, when the time came for development : they would better know what their needs would be and where prepared to file a variance. ' Discussion followed regarding the oversized lot. i a PUBLIC TESTIMONY - No one appeared to speak f COMMISSION DISCUSSION AND ACTION t ® Commissioner Moen: was concerned, as the Greenway Town Center had s started out ,as a Commecial Neighborhood ' and was now much more than that. What would prevent this from repeating itself with this Y application. Associate Planner Newton stated that the Code is more restrictive now than:it was ,when 'Greenway Town Center was developed. a Commissioner Edin moved and Commissioner Moen seconded` to forward recommendation of approval to the City Council for CPA 18-83 from medium-high density residential to neighborhood commercial and approval of ZC 14-83 to become effective upon Council approval of the Comprehensive Plan Amendment. Motion carried unanimously for approval. 5.2 SUBDVISION S 10-83 Shadow Park - Century 21 Properties NPO # 1 A request to subdivide approximately 20.38 acres to develop 80 single family detached homes. Property is designated low density residential and central business district. Property is zoned R 4.5 and R-12. Located at: 9125 SW O'Mara St. (Wa. Co. Tax Map 2S1 2DB lot 400 and 500). a Associate Planner Newton made staff's recommendation for approval. She noted that the Planning Commission would have to recommend conditions as staff originally had denied application because of density transition from an established area, however, upon recalculation, this was no longer a problem. The proposal was below density, however, they would need to apply for a Sensitive Lands Permit. ® Discussion followed regarding removal of the barricade and the extension of Ash street. PLANNING COMMISSION MINUTES February 'j, 1984 Page 2 ® NPO 'COMMENTS - Harry Owen, Secretary for NPO # 1, stated that that Staff,Report noted that NPO # I had not commented, however, a copy of NPO # 1 minutes were attached to the staff report, which listed their concerns. NPO # 1 approvedof this development in concept. Mr. Owen questioned the calculation'for the density transition. a APPLICANT'S PRESENTATION Dave Oringdulph, Century 21 Properties, agreed with the staff report and with NPO # 1 concerns. He stated the project would be properly walled for screening. He like the idea of a access to the park, they had overlooked, but there was a 'problem with steep slopes. Also, they do not remove trees unless it is absolutely necessary as they are a good selling point. PUBLIC TESTIMONY ® JB 'Bishop, member of NPO # 1 raised a timing issues regarding compeleting public improvements. He felt there should be a condition restricting building permits until ,public improvements had been completed .along O'Mara. He also felt there should be an enlarged parking area for the public to gain access to the park. He questioned who's obligation it would be to intali fence or wall for A screening:; 3 o Bill Gennoy, 9050 SW' O'Mara, read a' letter into the record from residents of O'Mara Street objecting` to the manner in which the project is being developed. a Gloria Johnson, 9300 SW ' Hill, read a letter into the record expressing concern that no building occur in the floodplain/Greenway area and that the alder trees be preserved as a natural barrier. m Terry O'Mara, 9000 SW O'Mara, objected to the way the project was being developed. His concerns being the density transition and steep slopes. ® Staff read a letter from Jeff Graham into the record. He. was concerned about the traffic circulation and requested that the Planning Commission require the developer to comply to Page 70 of the current comprehensive plan. CROSS EXAMINATION A REBUTTLE a Commissioner Edin questioned how staff had done their density transition calculation. Associate Planner Newton reviewed. Commission Edin felt the method of calculation was a violation of the spirit of the density transition. ® Commissioner Vanderwood, stated she .had followed the Comprehensive Plan process closely and did not agree with staff calcuations. She stated the method staff used had never been explained before. a Commission Butler questioned if all floodplain would be dedicated to the city; staff stated it would. 0 Discussion followed regarding the park and the parking area for the parka PLANNING COMMISSION MINUTES February 7, 1984 Page 3 a i a...., a JB Bishop commented that the availability of sewer would make it v, possible to create smaller lots where there are presently larger lots. b - Gloria Johnson commented that she was not in favor of the park, because of the outside traffic it would bring into the neighborhood. ® Further discussion on the park and floodplain/greenway area. - - PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION ® Commissioner Vanderwood commented that she came up with <5.6 units per r acre" with the way she understood the density transition calculation is to be done. 0 Comiissioner Owens stated she did not support having any part of a development in a' floodpiain. ® Commissioner Leverett:-and Peterson supported `the project with'. proper screening. ® Commissioner Butler raised conditions he felt should beplaced on the project. a ` Commissioner lyre had' some concerns regarding the lots touching the s floodplain. In regard to the density transition ,he didn't feel the applicant had gained that much with staff's method of calculating. ® Commissioner Moen commented that the size of the lots could be - -': larger. He was concerned about the 2 lots at floodplain level. Also, he felt there were too many accesses on O'Mara and suggested another street alignment. (Discussion followed regarding alignment of the streets). a Commissioner Edin stated he had attended the NPO # A meeting. He also lives on Ash Street, but did not feel he was to closely involved to remove himself from voting. He was concerned about the density transition and the street alignment. He review the theory for extending Ash street. He felt the application should be denied because it does not conform with the Comprehensive Plan, the density is to high across the street from the established neighborhood and possibly the access routes need redesigning. (Further discussion followed regarding condition for denial). 0 President Tepedino commented he didn't see the density issue as much of a problems. as the issues with the comprehensive plan, access and building in the floodplain. 0 Discussion followed regarding street alignment and preliminary plat approval. �. PLANNING COMMISSION MINUTES February 7, 1984 Page 4 } 2s t mmffW" ' s to Commissioner moved and Commissioner ovalVbasedwood seconded on the f ndings deny the request for preliminary plat app it does not conform to the existing comprehensive plan and does not address the density transition issue. (Dicussion followed) present. Motion carried by majority vote of Commissioner Commissioners Moen, Butler and Leverett voting no. 5.3 SUBDIVISION S 1-84 Gallo's Vineyard NPO # 7 on A request by Alpha Engineering sg.for ft.a 15 each)c.t singleP operty lis designatedn low 3.17' acres (approx. 7, q. density and is zoned 'R 4.5, located on 'SW 113th and SW Tigard Street (Wa- Co.' Tax Map 1S1'34DC lot 2901). ® Associate Planner Newton made staff's recommendation for approval ® NPO COMMENTS - Richard Boberg, NPO # 7 Chairperson, read into thbee record a letter from Michael Bt been requesting notified.eti(staff postponed as he felt he had not b�Tn Bbberg stated the NPO explained notification process) f the developer provides an adequate drainage recommends approval i plan which would not adversely : effect the on,adjoining Mutle 'ssbAddition, They were concerned same the developerfrom ndsutheyl have a severe drainage was built by p problem. He referenced a ' letter froplaceblrsummarizing Dirtheir water on built by the Currie, to the resident . of ll3th problems. They did not want to `see another subdivisi same developer who had not solved the drainage problem in an existing subdivision. - Hans J. Vatheuer, Alpha Engineering, APPLICANT'S PRESENTATION problem and are willing to put stated they are aware of the drainage p in a perimiter drainage system. Also staff has requested a drainage plan prior to obtaining building permits. PUBLIC TESTIMONY Carol Hardie, 11800 Sw 113th Place, opposed the development because She did not feel the proposal would of their severe water problems. address the problem. CROSS EXAMINATION AND REBUTTAL sioners and property owners regarding Discussion followed among Commis the drainage problem and what recourses were available. PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION ® The consensus of the Commission was for approval. PLANNING COMMISSION MINUTES February 7, 1984 Page 5 s, t r_ � to ; e Commissioner Edin moved and Commissioner Peterson seconded approve condition number a Subdivision S 1-84 with eleven conditions, amending 6, ,to include shall install a perimeter drain along the the developer western boundary and take adequate measure to avoid water problems. Motion carried unanimously: NPO # 5 r r S 5.5 SUBDIVISION S 2-84 BOND PARK III t A request by, Waverly Construction Company to subdivide 5.13 acres into 33 i lots of approximately 5,000 - .'6,000 sq, ft-- The property is designated }} Located at: Between' SW medium density residential and is Tzoned R-12• ' 2S'1 12CC lot 100, 1900 79th and SW 81st off Durham Road (wa. Co. Tax Map and 2000). ® ner Newton made staff's recommendation for approval Associate Plan E with conditions. ®' NPO COMMENTS No one appeared to speak. a APPLICANT'S PRESENTATION Bill McMonagle, 8905 SW Commercial, respresenting the applicant, questioned why full street improvements were necessary beyond the, applicants` property. Discussion followed. with the public improvements a Staff stated they would have no problem did not extended beyond applicants property line. approval : ® Commissioner Moenet and Presi replace nstaff s lconditionno e numberone to with conditionsexcept read: The applicant shall install a hard surface turnaround at the end of SW Bond Street for emergency vehichles. a Commissioner Butler stated he saw no reason for a turnaround. Discussion followed. a Commissioner Moen stated he would withdrawn the condition. ® President Tepedino called for the motion. Motion failed unanimously- moved ed for ® Commissioner Vanderwood and Commissioner LeSe2 84,swithdstaffs approval of a Preliminary Plat of Bond Park III, conditions, except condition number one which is Co be eliminated. Motion carried unanimously for approval. 5.6 MINOR LAND PARTITION MLP 11-83 Randall & Kelly Burke NPO # 3 An appeal by NPO o 3of the of MLP Planning LocatedDirectorat: Co10475nSWnParkr St. 2, and 4 for approval (Wash. Co. Tax Map 2S1 CB, lot 1400). ( Associate Planner Newton made staff's recommendation to eliminating ` the second sentence of condition 2, and eliminatinge conditions 3 and 4, PLANNING COMMISSION MINUTES February 7, 1984 Page 6 ® NPO COMMENTS - Bob Bledsoe, Chairperson NPO # 3, gave background as n why applicant had filed for the partition. They felt -Public Works Director Frank Currie had ,imposed his own 'requirements with the request for a non-remonstrance 'agreement. They also felt the conditions created a hardship for :the Burkes. a APPLICANT'S PRESENTATION - Randall Burke explained why they were unable to file the appeal themselves but where in support of NPO # 3` request. PUBLIC TESTIMONY ® Robert' Campbell, 10368 SW Park, did not want to be part of an LID. a Duane'Ehr, 10425 SW Park, opposed developing 5 citizens properties when the property across the street it undeveloped. a JB Bishop, _ 10505` SW Barbur, raised several issues regarding LID policy and what scope the LID would be. He also stated that there was and agreement made with City Council for the City to do partial public improvements on Park Street. PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION fa Lengthy discussion followed on whether or not there is a policy for the signing of non remonstrance agreements. Consensus of the Commission being that the public improvements should be conditioned to the issuance of building permits rather than the partitioning of the land. ® Commissioner Butler moved for approval, deleting condition number one. Condition number two, The applicant may initiate a Local Improvement District along SW Park Street. However, if the applicant is unwilling or unable to form an LID (i.e. , to get enough signatures), he will then be required to make half-street improvements to SW Park Street along his property line before the inssuance of any building permits. This conditions shall be attached on all deeds upon sale of any of the three lots. Condition number three, add before the issuance of building permits. Conditon number four, add before the issuance of any building permits. Motion seconded by Commissioner Leverett. Commissioner Moen commented r.hat he felt the Commission should be careful in striking number one as the policy for a non-remonstrance did not come lightly. ® Commission Butler stated there is no written policy regarding non-remonstance agreements. a Motion carried by unamious vote, President Tepedino and Commissioner Moen voting no. PLANNING COMMISSION MINUTES February 7, 1984 Page 7 E t 5.7 ZONE ORDINANCE AMENDMENT ZOA 1-84 Quasi-Judicial Plan Amendments A request by the City of Tigard to amend Sections 18.30.030 , and 18.32.090(C)_ and CD) of the Community Development code to limit quasi-judicial comprehensive plan amendment applications to` twice a year. o made staff's recommendation to forward to Associate Planner Newton city Council with recommendation of approval. t o NFO COMMENTS - Bob Bledsoe, NPO # 3, supported staff's recommendation. PUBLIC TESTMONY No one appeared, to speak. COMMISSION DISCUSSION AND ACTION Commissioner Moen moved and Commission Edin seconded to forward ZOA v 1-84 to City Council with recommendation of approval. Motion carried unanimously. 5.8 ZONE ORDINANCE AMENDMENT ZOA 2-84 Transcripts «A request by the City of Tigard to amend Section 18.32.330 of the Community Development Code to require preparation of transcripts for City lic hearings 'on appeals of land use matters. Council members prior to pub Associate Planner Newton made staff's recommendation to forward to ® City Council with recommendation of approval. PUBLIC TESTIMONY - No one appeared to speak a COMMISSION DISCUSSION AND ACTION ® Discussion on how this would change back to the way transcripts were required before the adoption of the Community Development Code. Commissioner Moen moved and Commissioner Butler seconded to forward ZOA 2-84 to City Council with recommendation of approval. Motion carried by majority vote, Commission Edin voting no. 5.9 ZONE ORDINANCE AMENDEMENT ZOA 3-84 Conditional Use Standards A request by the City of Tigard to amend Chapter 18.230 of the Community Development code adding standards for approval of Conditional Uses in all zones. A Associate Planner Newton, explained that due to numerous. retyping of the Community Development Code, some conditions approved in the initial draft of the code were omitted from the final version. j PUBLIC TESTIMONY - No one appeared to speak l PLANNING COMMISSION MINUTES February 7, 1984 Page 8 COMMISSION DISCUSSION AND ACTION o Commission Owensmoved and President Tepedino "seconed to amend section 18..130.150 of the Community Development ' code to "include standards as recommended by staff. Motion carried unanimously. 5.10 ZONE CHANGE ZC 1-84 Historic District Designations A request by the City of Tigard to designate specific parcels of land as historic overlay districts (HD) in conformance` with the adopted Comprehensive Land Use Plan. Properties are the Durham School Site (Wash'. Co. Tax Map 2S1 13B -'_ot 300); the John Tigard House (Wash. Co. Tax Map 2S1 11BC' lot 2600); and the 121st windmill (Wash. Co. Tax Map lSl '34CC lot 2000). ® '.Assocate Planner-Newton explained.`how this was included as apart of the Comprehensive Plan, but the sites had never been designated. ® NPO COMMENTS - Bob Bledsoe, .:NPO .# 3 asked that the John Tigard House only; have the corner where the house is located, approximately 100' x 100' , be designated HB as the lot was much larger and should not fall under the HD designation requirements. Staff,agreed. ® Commission Edin moved and Commissioner Owen seconded to approved ZC 1-84 adding HD overlay district ' designation adding that the John Tigard House only include a 100' x 100' area of the lot. Motion carried unanimously 6. Other Business a There was no other business 7. Meeting Adjourned 12:00 A..M. Diane M. Jelderl Secretary ATTEST: President Francis J. Tepedino 0311P TIGARD PLANNING COMMISSION SPECIAL MEETING FEBRUARY 21, 1984 1. Vice-President Moen called the meeting to order at 7:40 P.M.. The meeting was held at Fowler Junior High School - 'LGI Room - 10865 SW Walnut, Tigard, Oregon. 2. ROLL CALL: PRESENT: Vice President Moen,< Commissioners Fyre, Owens, Peterson and Vand.erwood. ABSENT: President Tepedino, Commissioners Butler, Edin, Leverett.s` STAFF: Director of Planning and Development Monahan (arrived 8:00 P.M); Associate PlannerKeith Liden; Secretary Diane M. Jelderks. 3. Minutes from February 7, 1984, were considered. Commissioner : Owens' requested that the first paragraph on page 4 be stricken, as this was not her intent. Also, the seconded paragraph under Commission Discussion, and Action she asked the sentence be 'clarified that she does not 'support any development in the floodplain, not abutting the floodplain. Commissioner Owens moved and Commission Peterson seconded to approved minutes as amended. Motion carried unanimously by "Commissioners present. 4. PLANNING COMMISSION'DISCUSSION ® Commissioner Owens stated she had received a letter from the Mayor regarding Happy Valley. City Administrator Bob Jean stated that the Attorney's office had clarified and this was an exception rather than a rule. 0 City Administrator Bob Jean presented a review of the budget needs for the 1984/85 budget year. Discussion followed. NPO/PLANNING COMMISSION STUDY SESSION a Director of Planning and Development suggested each NPO come forward and address their concerns to the Commission. a Carolyn Eaden, 13645 Stevens Court, representing NPO # 1, stated they were concerned with where downtown Tigard is going, especially the area on Main Street by the post office. In the O'Mara triangle where the large residential area is, there are numerous concerns regarding density. Another concern is protecting the residential area from commercial developments. They have felt frustration on who to address their concerns to. They also felt they may need to organize their NPO better. o Director of Planning and Development stated no one was available from NPO # 2. They did not have enough members to be an active NPO and staff would be working at increasing their membership. a a Bob Bledsoe, 11800 SW Walnut, NPO # 3 'Chairman. The developments' they were concerned with were Park Place, on 121st and Gaarde; and Park Square, on Pacific Highway and Park Street. They felt there were lots of deoision being made and set by staff and that more citizens needed more input. They felt the NPO needed to be notified sooner of projects and that a monthly 'report should be established ` showing status of developments. 0 LaValle Allen, 7450 SW Hermosa, NPO # 4, otherwise know as the: Terrific Tigard Triangle. This area is ready to explode. There is a LID in the process. They were concerned that they hear about new developments in a timely 'manner. Also, that the established residential areas be protected. a Debra _Naubert, 14365 SW' 80th 'Place, NPO # 5, is concerned about the time response on developments. Not being able to have input prior to staff reports. They were concerned about the density in residential areas being compatible with existing .areas. Discussion followed regarding NPO comments on the staff reports. ® Phillip Pasteris, NPO # 6 stated -their area of concerns! are 'Durham Road, with regard to weight limits and width of the street; possible overcrowding in the schools; traffic circulation for Hall Blvd. and McDonald St. improvements; that the scenic area (Little Bull:Mtn.) be preserved. Also, they would like a copy of their minutes put into the files reflecting their recommendation. (` a Yvonne Larson, 10730 SW North Dakota, NPO # 7. Their main concern was that the upper limits for density seemed to be pushed. Also they were 'not able to receive staff =assistance when they >requested it. F . Another concern was the errors which resulted from the applicant supplying the names of surrounding property owners, resulting in notice not being delivered to correct addresses. Discussion followed regarding notification process. 5. PUBLIC HEARINGS Vice President Moen opened the public hearing by reading the procedures to be followed during the hearing. 5.1 VARIANCE V 1-84 BOND PARK II and III NPO # 5 A request by Waverly Construction Co. for a variance to City standards to allow sidewalks on only one side of the interior streets of Bond Park II and III. The applicant also request a variance from the setback standards for a R-12 zone to allow 18-foot garage setbacks, 10-foot street side yards, 4-foot interior side yards, and 15-foot rear yards. a Associate Planner Liden made staff's recommendation to deny the proposed reduction in sidewalks, the 15-foot front yard, the 18-foot garage setback and the 4-foot side yard and to approve the 15-foot rear yard, 10-foot street side yard (applicant required to meet �y vision clearance requirements in Section 18.102 of the Development Code.), and side yards of 5 feet rather than 4 feet. PLANNING COMMISSION MINUTES FEBRUARY 21, 1984 Page 2 e NPO/CCI COMMENTS - Debra Naubert, NPO # 5 Chairperson, stated the NPO was not aware of the variance requests when they reviewed this application and asked that it be tabled in order for the NPO to review. ® Ryan O'Brien, representing Ken Waymire, APPLICANT'S PRESENTATION ave medatio agreed with staff's -t le of ornfive n• Also, they afelt thewoulratherhreductionoOf foot, but would set the sidewalk would make the project more desirable with less cement. PUBLIC TESTIMONY ® John Swartz, 15900 SW 76th, opposed application` as it had not been . reviewed by the NPO and also because „there was some problem regarding an agreement for an easement for sewer had not been fulfilled. ® Dorothy Gage, 8000 SW '54th, Portland, Or., supported the varianc s these request for postponement.ensit and claime would reduc.etthelowing value f her propertys would increase the y E ' CROSS EXAMINATION AND REBUTTAL t� tline hat existing Commissioner Moen requested utesft nt and ustaff'swrecommendationacode requires, what applicant is req g w Re uired Requested Recanal 15ation qeni Front yard 20 t 20 18 denial Garage _10 approval Street side yard 20 4 approve 5 ft. Interior side yard 10 15 approval Rear yard 20 denial Sidewalks both sides one side ® Commissioner Moen asked staff what effect easement had on this application. Planning Director Monahan stated it had no effect. ® Discussion followed regarding variances being requested are the same as want is allowed in an R 7 zone. Density is less than if they had developed as R-12. PUBLIC HEARING CLOSED ® Consensus of the Commission was to support staff's recommendation. Commission Vanderwood expressed her concern for visual clearance on a 10 ft. street sideyard setback. Also she did not see the need to reduce the rear yard setbacks. Commissioner Owens moved and CommissionerPeterson P15�foon front seconded yard deny the r the proposed reduction in sidewalks, aro and to approve the 18-foot garage setback, and the 4-foot side y 10-foot street side yard, and side yards of 5 feet 15-foot rear yard, 10-f rather than 4 feet. The applicant shall still be required to meet Section A8.102 of the Development vision clearance requirements in resent Code. Motion carried by unanimous vote of Commissioners p PLANNING COMMISSION MINUTES February 21, 1984 Page 3 5.2 PLANNED DEVELOPMENT PD 1-84 Rosebud Enterprises, Inc. NPO # 7 A request for conceptual plan approval of a Planned °Development for 'a 34 unit -single-family residential development. •, Associate Planner Liden made staff's recommendation for conceptual approval with conditions. ® NPO/CCI "COMMENTS Staff stated NPO 4# 7 supported the applicant's request.' ® APPLICANT'S PRESENTATION - Mel Stout, 2626 SW Corbett, stated they had received 'approval for a Sensitive Lands Permit. They had 'held neighborhood meetings, which they had no objections raised. _ They did not support condition number two. They felt since this was a planned development, and that the nature of a planned development allowed shiftingof density, that they had 'met the intent of the policy and would like consideration for that. Also a large portion of the project would be dedicated as open space. PUBLIC TESTIMONY No one appeared to speak. CROSS EXAMINATION AND REBUTTAL F ®:'. Questions and `discussion followed regarding the low elevation and the w approved sensitive lands permits. PUBLIC REARING CLOSED i COMMISSION DISCUSSION AND ACTION <a The Commissioners supported staff condition number two, which would require the applicant to comply with the City's density transition provisions. a The Commissioners were concerned with the elevation of lots 10 and 32. Commissioner Peterson was concerned that lot 10 was being built with four ft. slopes on the sides of the house. Further discussion on the sensitive lands permit. i 3 a Tony Righless, representing the applicant, reviewed the process and k the items they had to address to obtain the sensitive lands permit approval. Further discussion. 0 Commissioner Fyre moved and Commissioner Vanderwood seconded to give - conceptual approval for PD 1-84 with conditions, modifying condition number two to include consideration of the lots on the southern boundary. . Motion carried unanimously by Commissioners present. PLANNING COMMISSION MINUTES February 21, 1984 Page 4 : 5.3 ZONE CHANGE ZC 2-84, PLANNED DEVELOPMENT PD 2-83, , SUBDIVISION S 11-83, VARIANCE V 6-83, Colony Creek Estates II, III, IV NPO # 5 A request for a zone change from R-12 to R-12 PD Planned Development for a 2.49 acre parcel (2S1 12BB, 3700). For conceptual and detailed plan approval of a Planned Development for all phases. For lot subdivision, single family preliminary plat 'approval of a 67` detached 'units (Phase 'Il & III). Also for a variance to 'allow zero lot line construction in a R-12 zone (detachedunits), and to reduce the 'front yard setbacks,` i.e., distance between the property line and the front of the garage from 20 feet to 18 feet. F e Associate Planner Liden made staff's recommendation for denial of the variance and _approval of the Zone Change ZC 2-84, Planned Development ' PD 2-83, and"Subdivision S 11-83 with conditions. { NTS - De NPO/CCI COMMEbra Naubert, NPO # 5 Chairperson stated the NPO had review this application carefully. They opposed approval of { the variance for the reduction in front yard setbacks. They had concern for the structures. They `felt the single oversize garages would increase the problem of cars parking on the streets. They were t ; also concern with that the density ;might,be to high for the area as well as the cost of the homes may have a impact on the surrounding ;. neighbors. a Dave Evans, -Representing Titian Properties, stated they would accept denial-of the variance. ' He was surprised the NPO was questioning the density as the <property is zoned for multi-family and they are proposing high quality homes. He asked the Commission accept staff's recommendation. ® Debra Naubert added that NPO # 6 had also met with them and agreed with their concerns. PUBLIC TESTIMONY 0 Tan Haskin, 14370 SW Hall questioned why a road was being proposed on her parents property. ® David Evans stated that there would not be a thru street there unless the property owner chose to to build one and that Frank Currie would make that determination. g Discussion followed regarding street patterns and access points. P Commission Vanderwood questioned why they where allowing four plexes to abut single family residences. Discussion followed. PUBLIC HEARING CLOSED PLANNING COMMISSION DISCUSSION AND ACTION o Commissioner Vanderwood was concerned that policy 6.3.3 was being violated. She was concerned with lots 11 thru 14 and 64 thru 67. Discussion followed regarding density transition. PLANNING COMMISSION MINUTES February 21, 1984 Page 5 e 5 ® Discussion followed regarding the construction and safety aspect of the cul-de-sac. ® Commissioner Vanderwood moved and Commissioner Fyre seconded to adopt staff's finding ,and recommendation adding the following conditions. 1. Developer will delete one of the lots between lots 11 thru 14 based- on'the finding that it violates policy 6.3.3. 2. Developer will delete one of the lots between lots 64 thru 67 if staff determines' that the abutting property is an established area. 3. The Developer will construct a permanent turnaround :at the south end of Fanno Creek Drive. i 4. Staff will clarify the multi-family areas to ensure compatibility matrix is met. Motion carried unanimously by Commissioners present. 6. OTHER BUSINESS 6 ® Workshop was schedule for April 2nd, 1984, 7:00 to :11:00 'P.M. 8. Meeting Adjourned 12:00 midnight 42 Diane M. Jelderk , Secretary ATTEST: Vice-President Donald Moen a (0327P) t, PLANNING COMMISSION MINUTES February 21, 1984 Page 6 i b CITY OF TIFARD { WASHINGTON COUNTY,OREGON NOTICE OF FINAL DECISION - BY PLANNING DIRECTOR' 1. Concerning Case Number(s): SBR 16--83 2. Name of owner: Time Oil Company 4, 3, Name of Applicant: Sears & Chung Designers Portland State Or zip 97220 Address 8401 N.E. Halsey City — t 4. Location of Property: 4 Address 15900 SW,Upper Boones Ferry Rd. ' t Legal Description 2SI 12D Tax Lot 1800 € i 5. Nature of Application: A request to remodel an existing service station to include a,quick-stop mini-mart. a 6. :Action: Approval as requested s ;Approval with conditions per staff report g Denial r posted at City Hall 7. Notice: Notice was published in the newspaper, and mailed to: f XX The applicant & owners XX Owners of record within the required distance 1 xx The affected Neighborhood Planning Organization I XX Affected governmental agencies i 8. Final Decision: THE DECISION SHALL BE FINAL ON March 12, 1984 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of condition can be obtained from the Planning Department, Tigard City Hall, 12755 Std Ash, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(A) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline.for filing of an appeal is March 12, 1984 10. Questions: If you have any questions, please call the City of Tigard Planning Department, 639-4171. DATE AP ROVED William A. Monahan, Director of Planning and Development f0257P) k. �y j y+ tai tet,. • } G M� _� r ►,■o®riN�®�q Y ; ®fes® ■ I/� ' Ell r x � g 0 �- . � WE ME RN RA t I �� �►� .. _ - _ .�. ,. «,}, •�ffi•.M,�. f x5; ' ,, 'f ..: -moi .eyr:. ?` '�1. xir <. s �'�awG�[ z�n,:a= �'` �'...,�r3.-.R=.�"--.�» ';'��.,,d$.s' `^' ����`'.�, �7.x ..,. '�: c t `.�eNyi'�y�u` � a •fin+ f�"_'��.`�- w 1.• � ``�' .'#*'. .,# f WASHINGTON COUNTY,OREGON NOTICE OF FINAL''DECISION BY PLANNING DIRECTOR 1. Concerning Case Number(s): _SDR 1-84 2. Name of Owner: McDonalds Corporation r 3. Name of Applicant: McDonalds Corporation i Address 2700 Northrup Way; City Bellevue State Wn•Zip 97223 4. Location of Property: i Address 12090 SW Main Street j Legal Description 2S1 12A lot 903 _ 5.'' Nature of Application: A request to allow for a drive-up window for McDonalds. 6. Action: Approval as requested xx_ Approval with conditions per staff report Denial 7. Notice: Notice was published in the newspaper, posted at City ball and mailed to: _ - XX The applicant & owners X— Owners of record within the required distance The affected Neighborhood Planning Organization Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON March 12, 1984UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of condition can be obtained from the Planning Department, Tigard City Hall, 12755 SIS Ash, P.O. Box 23397, Tigard, Oregon 97223. 9. _2FEal; Any party to the decision may appeal this decision in accordance with 18.32.290(A) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is�MaXXj 12_. 1984 F 10. Questions: If you have any questions, please call the City of Tigard t Planning Department, 639-4171. Wi�ia.�Aftn�,han, Directar of Planning and Development PROVED (0257P) Department of Land Conservation and Development VICTOR ATIVEH 1175 COURT STREET N.E., SALEM, OREGON 97310-0590 PHONE (503) 378-4926 February 28, 1984 The Honorable Wilbur Bishop Mayor, City of Tigard PO Box 23397 Tigard, OR 97223 Dear Mayor Bishop: On February 3, 1984, the Commission approved the enclosed order allowing the 'Commission to consider your acknowledgment request beyond the 90-day statutory review period. Please contact your Field Representative, Jim Sitzman at 229-6068, if you have any questions concerning the enclosed order or the 'review of your acknowledgment request. Sincerely, iN�N mes F. Ross Director JFR:TMC:drw 7672B/9B Enclosure cc: Washington County Board of Commissioners City Planning Director Coordinator Jim Sitzman, Field Representative Jim Knight, Supervisor DLCD Library Objectors and Commentors BEFORE THE LAND CONSERVATIONAND DEVELOPMENT COMMISSION OF THE STATE OF OREGON t IN THE MASTER OF ) COMPLIANCE ACKNOWLEDGMENT THE CITY OF TIGARD'S REQUEST ) REVIEW POSTPONEMENT FOR ACKNOWLEDGMENT OF COMPLIANCE ) ORDER 83-EXT-043 On November 18, 1983,, the City of Tigard, pursuant to ORS 197.251 , requested that their Comprehensive Plan and Land Use Regulations be acknowledged by the Land Conservation and Development Commission to be in compliance with the Statewide Planning 'Goals. Oregon Law, specifically ORS 197.251 (l ), requires that the Commission` review and approve or deny the request within 90 days. The Commission finds, however, that pursuant to ORS 197.251 (l ) the following extenuating circumstance(s) necessitates 'a delay in Commission review of the Comprehensive'Plan and Land Use Regulations of the City of Tigard. Due to the significant amount of staff time necessary to process y the numerous acknowledgment requests and the time required:to obtain needed compliance revisions, the Department is unable to review the requests andprepare staff recommendations within the required 90-day time period. Commission review of this jurisdiction's acknowledgment request will be conducted within the current statutory period unless an additional time extension is granted. DATED THIS 28th DAY OF FEBRUARY 1984. FOR THE C014MISSION: aures oss, hector, epartment of Land Conservation and Development NOTICE: You are entitled to Judicial review of this Order. Judicial review may be obtained by filing a petition for review within 60 days from the service of this final Order. Judicial review { is pursuant to the provisions of ORS Ch. 183.482 and ORS 197.650. JFR:TMC:drw 7673B/96 Land Conservation and evelopmer= �ornmission RECEIVED VICTOR ATIYEH 1175 COURT STREET N.E., SALEM, OREGON 97310 F E B 2 J CITY OF TIGARD M E M 0 R A N D U M, `. February 27, 1984 TO: City of Tigard : FROM: James F. Ross, Director SUBJECT: 1983-85 MAINTENANCE GRANT Your application for 1983-85 Plan Maintenance funds has been approved. A grant offer will be processed upon Commission action on your a. acknowledgment request. For additional information on grant funding please contact Sherry Tatom in the Salem office at 378-8067. Questions concerning acknowledgment review or continuance dates should be addressed to your local Field Representative. JR:ST:st 77266/1010 cc: Field Representatives -� a . i` 1 i . October 13, 1983 CIN OF TIFA PD WASHINGTON COUNTY.OREGON Mr. James F. Ross, Director Department of Land Conservation and Development 1175 Court Street, NE Salem, Oregon 97310 RE: .Application for Land Use Planning Grant Dear Mr. Ross, On behalf of the City of Tigard, I am submitting the attached application for 'a Land Use PlanningGrant. Tigard is presently completing its Comprehensive Plan and Community Development Code for submittal to LCDC in November. The majority` of the work involved in this work program is directed toward in-order-to-comply requirements of LCDC, that is, finalization of -the Development Code and completion of a Goal 5 Analysis. The work program involves the following elements: July 1, 1983 - October 10, 1983 Presentation of the Community Development Code to the Committee for Citizen Involvement, Planning Commission and City Council for approval. Numerous public hearings were held generating many amendments. The City Council approved the document on October 10, 1983. October 10, 1983 - November 9, 1983 Review of the appro ved--Z'ompr�hen�ive--- --- Plan and approved Community Development Code for the purpose of eliminating conflicts. Both documents will be ratified by the City Council on November 9, 1983, then transmitted to LCDC. _ November 10, 1983 - January 10, 1984 Performance of the qualitative Analysis required within Lhe Goal 5 Analysis approved by the City Council on October 10, 1983. November 18, 1983- February 1984 Upon submittal of Tigard's 1 Comprehensive Plan to LCDC, staff will !I be prepared to assist LCDC in review of the plan for acknowledgement. 12755 S.W.ASH P.O.BOX 23.397 TIGARD,OREGON 97223 PH 639-4171 a December 5, 1983 - March 31, 1984 Completion of an inventory of ( industrial and commercial properties in Tigard as part of the City's 'economic development program. The LDC,grant which Tigard is requesting will be used 'to supplement funds budgeted by the City for the Planning Division. Two staff positions besides the Director were funded for the 1983-84 budget year. Due to a resignation in July of the ;Associate Planner primarily responsible for the preparation of the 'Associate Planner and Director have concentrated plan and code, the remaining significant energy to the completion of the program. Two interim Assistant Planners were hired to carry out day to day application processing activities through December. In December, the Associate Planner position, vacant since July, will be filled. The LCDC funds will assist the City by supplementing a lean budget. The Planning budget is exclusively devoted to compliance with the City's requirement .of completing and implementing a Comprehensive Plan and the daily processing of development -applications. Legal assistance constitutes a portion of the budget as the City has each portion of the plan reviewed for consistency by the City Attorney's Office. Additional legal expenses will be incurred during the coming month as the City prepares for final submittal. The availability of an LCDC grant would assist the City by allowing the Director greater flexibility in the use of funds for ' legal and planning _. services. All work proposed within this grant application will be limited to work elements necessary for the city's compliance with LCDC's "submittal and acknowledgement requirements: Thank you for the opportunity to submit this appliati_on. I would be pleased to provide any additional information required in support of this application. Sincerely, illiam A. Yonahan Director of Planning and Development i f WAM:dmj (0204P) l Department of Land Conservation and Development Application for 1983-85 State Planning Funds COMPREHENSIVE LAND USE PLAN MAINTENANCE Submit prior to 5:00 p.m., October lis, 1983 to: Department of Land Conservation and Development 1175 Court Street NE Salem, OR 97310 APPLICANT JURISDICTION: City of Tigard MAILING ADDRESS: P.O. Box 23397 Tigard, Or. 97223 CONTACT PERSON: William A. Monahan Director of Planning & Development TELEPHONE: 639-4171 I. Financing A. LCOC Funds Requested 7.662.00 (May not exceed $ 7,662.00 ) B. LCDC Maintenance Funds on Hand From Prior Grants: $ 0 C. Local Funds to be Spent $ D. Total Project (sum of,A, 8, C) $ 7,662.00 TERM OF PROJECT: START Jule 1, 1983 EMS June 30 1984 --- - - -- -lb-d-t-before wily 1, 1983) (not after April 30, 1985 * The City has funded two Associate Planner positions which are devoted exclusively to"Comprehensive Plan preparation and development permit processing. The budget for the Planning Division is $67,509 for personal services as well as materials and services (copy attached). -2_ II. A. For Acknowledged ]urisdictions Only: Summarize the maintenance planning activities scheduled to be completed. Describe the project, and its relationship to your overall comprehensive land use planning program: N/A II. B. For ContinuedJurisdictionsOily: 1. Describe the planning work remaining that will be completed with these funds during the term of your continuance order. Tigard's Comprehensive Plan was submitted for preliminary review 'in 1979, however, due to various deficiencies, it was not reviewed for acknowledgement. A complete rewrite of the plan as well as development of a new Community Development Code have been accomplished since January of 1982. From July 1, 1983, the planning staff has ptesented the draft code to .the'Planning'Commission and City-Council- for approval: Two staff people have devoted over one-half of their time from July 1, 1983, reworking the code. On October 10, 1983, the City Council approved the code. The planning staff will be.reviewing the code for consistency with the draft plan between now and November 9, 1983, when the City Council will take final action. Submittal to LCDC is expected prior to November 18, 1983. Tigard's continuance order extends to November 18, 1983. 2. If work is expected to remain after the end of the current continuance, please describe it and the reasons it cannot be completed within the available time and money provided. Beyond the end of the current continuance additional work will remain. The planning staff completed a Goal 5 Analysis which was approved by the City Council on October 10, 1983. Within the analysis, several significant resources were identified which require further evaluation upon the compilation _ of further qualatative information. This inventory work will be performed after the end of the current continuance. In addition, the Economy Element of the Comprehensive Plan outlines the need ( to create an Economic Development Committee. One of the tasks of the Committee would be to work with the Planning Department to prepare an Economic Development Program and an inventory of industrial and commercial properties. A complete listing of available sites for economic development will assist the City to provide information to potential developers. The inventory will be undertaken beginning in January, 1984. III. A. Has any of this land use planning activity been previously proposed and delayed due to lack of funding? If so, please describe: The work proppsed for beyond the end of the current continuance has been identified as a need since December 1982, however, due to limited funds available-for planning staff, these activities have been delayed. Preparation of the Comprehensive Plan. and Community Development Code have been the two primary tasks of the staff. Given the need for a total rewrite of Tigard's code during the past. year, staff has had little time to devote to other activities. The large number of public meetings as required by' Tigard's citizen involvementprogram has drained resources. B. Has the work proposed been given recent priority by local government and/or citizen-involvement groups? Describe. The work Rr3opnsald has been given recent priority by the local government. On October 10, 1983, the City Council accepted the Goal 5 Analysis and recognized that staff must prepare further quajiitdtsve analysis. The City Council:also, on that date, accepted the Planning Director's recommendation tofori an Economic Development committee. The Committee will be established immediate ly.to work with staff to prepare an economic development pian and provide input to the commercial and industrial' inventory to be,conducted by staff. The Tigard City Council has given top priorit to he co letion and acknowledge Approved for the applicant: meat of the 3gr�a$Ure Comprehensive Plan. With the plan in place, the economic William A Monahan development program Printed Nares will be the highest priority. Director of Plannin & Development Title October 15, 1983 Da e -4- � APPLICATION ATTAClNT "A" DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT PLA.. MAINTENANCE GRANTS k Elsgible Activities 1. Review and amendmentof cknowledged plans, ordinances and implementating measures. 2. Work required by LCDC continuance order. 3. Citizen and agency involvement programs. 4. Administering work (permits, zone changes) in cities under 5,000 population. Also in Counties with unincorporated population under 5,000. 5.. County coordination programs.` Conditions 1. Reporting: A report of expenditures and work completed is r required as of June 30 each year. y f 2. Accounting: Must be separated from general revenues and expenditures. Expenditures must be identifiable during � past-audit. 3. •AuditsMay be audited up to three years from end of project. 4. Match:• None required. owledgment or upon issuance of LCDC 5. Elictibility_: Upon LCOC ackn continuance order. JV:jj 9099A/46G R9/01/83 _ . U� L w ^ O O O O C ®� Q�.. O O u1 H C —4y •.d cel N W O t1. Q.0 N Pk 0 w Ol N o 0 In y O > W..A a' b U w C O L w CN > 0 Ln Ln •./ d N C C d F m C S co tn CC c6 cV i.1 w A.U ? -,-1 .QI. 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C Sq 0 cc 41 cn ® p• • %D 0 b .b O O 0 0 0 0 0 0 0 0 O 0 0 to y W • 0LIN 0 0 0 0 0 A Ln 0 0 Co . o -1 Ai M U W W _40 DOD > m N W _4 des au .0 � o+ 1 94 NMO I I N 1 1 I q ~ �D O Ln 00 M0 0 00 1 A 0 0 O �'° W ' .-a 1 M .7 v1 1 1 �• i 1 i 1 .-4 q 4 cj 44 1 7 .4 00 O F Vq P. p ,: to aJ e > •� - 0n.. N M 40 O M .-4 l M Ul 1 00 1` O U S W N v1MM00.0O CTN OLID �p® M N M QN O N `O 1 10 61 $$4 0 1 1 � 3 (j � No POLICE DEPARTMENT MONTHLY REPORT ' February, 1984 TO: City Administrator/City Council FROM: Chief of Police L;,L ..r I. Personnel: The department continues to be at 'full strength this month (29).' The average daily department strength was 17.3 compared to 17.3 in February 1983. :By division, the breakdown is as follows: Admin.istration' 2.0; Support Services 4.`4; Patrol 7.6; Investigation 1.9; and Traffic Division 1'3/ ,9 II. Service Delivery: The department responded to'590 non-criminal calls for service this month in contrast to 384 calls in 1983.° Patrol 'Division's obligated time was 2044.5 hours vs. 488.5 non-obligated hours. ; III. Crime There were 64 Part I crimes reported this month as compared to 104 reported in February last year. Of the Part I crimes reported, 20 were cleared, or 31.2%. ` The department responded to 63 PartIIcrimes and 36werecleared, or 57:1%. Last year there were 59`Part` II crimes, and 33 were cleared, or 55.9%. There were 38 persons charged this month as compared to 56 for this same time period last year. The crime rate decreased 22.1% this month compared to February, 1983.> S The Investigative Division worked 16 active cases this month, and cleared 10, € or 62.5% of the active cases. E . The property loss was $45,520, and $21,424 was recovered, or 47.1%. I IV. Traffic: . Patrol Division responded to 26 accidents, of that number 8 were injury. There were 448 citations issued, as compared to 321 for this same time period last year. In addition, 409 warnings were given. The enforcement index was 36.37. . a V. Police Reserves: The Reserve Unit worked 142-1/2 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. The majority of all the Reserves are now trained to provide residential and commercial building security surveys to enhance our community crime prevention program. (See attached monthly report). VI. Special Assignments: A. K-9 Recap (see attached report from Sgt. Martin). S. Motorcycle Program (see attached report from Sgt. Neiman). C. Alarms and Permit Recap (see attached report from Capt. Jennings). VII. Training: ' A. First Aid, Class on 2-7-84 at Tigard Community Center. 9 students plus 2 instructors spent 88 man—hours participating in this training. r B. CPR Instructors Class on 2-8-84 and 2-to-84. 24 man hours were spent. k C. PBO Facilitator Training on 2-17 and 2-24-84. 32 man hours were spent by Sgt. ;,Martin and Services Manager Carrick. D. CPR Training Class on 2-21-84. 8 man hours were spent receiving this Training. E. Tele-Procedure Training on 2-23-84. 4 'hours were spent by Detective Goldspink. F. Officer Street°Survival on 2/26 and 2/27/84. 48 man hours were spent. r: VIII. Community Relations: A. Drugs - Parent/Teacher Talk on 2-2-84 by Officer Grisham. 2 man hours spent. ' B. Blue Bird Tour of-Tigard P.D. on 2-9-84. 1 man hour spent by Officer Grisham. C. Metro Chiefs Meeting on 2/15/84. Chief Adams spent 2 hours. . s D. Assessment` Testing' for Sergeant on 2/15/84 and 2/16/84 at Gresham Police Department. Captain Jennings spent 16 hours. E. Police Academy Graduation on 2-17-84. Chief Adams, Captain Jennings and Lt. Wheeler attended. F. Officer Friendly Program on 2-24-84. Officer Grisham spent l hour. G. 'Parental 'Drug Program on 2-25-84. 10:man hours were spent. Class on 2-28-84. 2 man hours were pent. H. Violence Agression I. Drug Education Program on 2-29-84. Officer'Grisham spent 1 hour. J: 9ll Central a Disptch Study' on 2-29-84.' Chief Adams, Capt. Jennings and Services Manager Carrick spent6 man hours. , K. TACC Meeting at City Hall on 2-28-84. Chief Adams spent 2 hours. t ME� N T m O IRA D S N p rb rri � l`T �t v a . p oq pgTRpz f v °MFc��o IT oC W � � m Pl�gNspC A trr C C�gss�0 :)44 OlSpgT T/i4l�YAI ; cy o�lCe CO, Ca C' � goMINIST so aTloI - t� 4Qop qYs d U� � MEMORANDUM CITY OF TIGARD r' TO: Chief of Police March 20, 1984 FROM: Sgt. Martin SUBJECT: K-9 Monthly Report RE: February 1984 ; f During the month of February the K-9 Team responded to 13 calls for service. Of those calls, '3 tracks were performed. One track was successful in linking a suspect who had been located by Sheriff's deputies to a stolen''motorcycle: 7 buildings were checked with the x K-91s and cleared. 3 area checks were also performed. The department's K-9 training program was certified this month. This programwillassist;us in getting Buck back into active service much g to Mt. Angel. During the past month, the team quicker than travelint . spent 24 man hours training. r CGM:ac 'j MEMORANDUM + ' CITY OF TIGARD . TO: Chief of Police FROM: Sgt. Newman SUBJECT: Monthly Report for February 1984 RE: Motorcycle Traffic Unit Report During the month of February 1984 there were 26 accidents; 8 injury, 18 non-injury. This is a decrease over February 1983 which had 29 accidents; 5 injury, 24 non-injury. Of the 26 accidents this month, 14 were investigated by the Traffic Unit. Enforcement index this month is 36.37 as compared to 51.80 for the same period last year. Traffic unit issued 157 hazardous, 68 non-hazardous citations, for a total • of 225. i. r JPN:ac i ma av k 11"I'Maim" IN f ALARMS AND PERMIT RE-CAP , Month of FEBRUARY 1984 (January 1 February 29, 1984) THIS SAME MONTHA TOTAL TOTAL MONTH LAST YEAR THIS YEAR LAST YEAR CHANGE t, 3 TOTAL ALARMS.... .. 36 28 75 70 + -7% j a> False.. 35 27 72 64 + 12°/° b. Bonafide.. 1 1 3 6 - a Permits Issued.. .. 8 I 12 12 20 + 20% E Permits Renewed. .. 8 0 13 =- t Permit `Fees.. $215 $225 $330 k Permits Revoked. . 3 1 4 -- Revoked( Fees...... _ $260 $25 $460 -- j MONTHLY SUMMARY STATEMENT: 3 There is an increase in false alarms this month in comparison to a year ago but there are 200/6 more systems. t The Ordinance is an effective tool in reduction of false alarms, and without it the total false alarms would be significantly higher. f , E C 4 POLICE DEPARTMENT CONSOLIDATED MONTHLY REPORT FOR MONTH OF FEBRUARY 19 84 DISTRIBUTION OF PERSONNEL AVERAGE t( NUMERICAL STRENGTH DAILY ABSENCE Ii AVERAGE EFFECTIVE STRENGTH End of Same This Same 11, This Lasc Same this Month Month Month Month Month Last Month Last Last Last Year Year Year TOTAL PERSONNEL 29 1 28 11.7 10.7 17.3_ 17.5 17.3 CHIEF'S OFFICE 3 3 1.0 1.3 - 2.0 2.0 1.7 SERVICES DIVIS. 7 7 2.6 2.8 4.4 4.5 4.2 PATROL DIVISION 14 13 6.4 5:0 T 7.6 7.8 8.0 TRAFFI� DIVIS 2 2 .7 6 F1.3 1 3 1.4 INVEST. SECTION 3 3 1.1 1`0 - 1•y 1.9 2.0 TFORCE ONE 14 12 6.0 4.1 8.0 8.2 7.9 TWO 8 9 3.0 3:4 5.0 5..3. 5.6 ' THREE 7 7 2.7 3.2 , 4.3 4.0 3:8 CHANGES IN PERSONNEL t� DAILYAVER_4GE PATROL STRENGTH 1. Present for duty end of last month 29 This Same Month Month Last Year 2. Recruited during month 0 rned umber field 3. Reinstated during month 0fficers 16 15 . Total to account for 29 ents Assig- Investigat. 0 04. Separations from the service: 0 daily abs- (a) Voluntary resignation 0f field off(b) Retirement wing to: cation, cusp- (c) Resigned with charges pending 0 0sion, days off, (d) Dropped during probation comp. time, etc. 5.4 5.3 (e) Dismissed for cause 0 (b) Sick & Injured .2 .3 (f) Killed in line of duty 0 (c) Schools, etc. 1.5 Total average daily (g) Duceased 07.1 5.6 absences Total separations 0 8.9 9.4 � 4. Available for. duty 5.( asent'for duty at end of month 29 TIGARD POLICE DEPARTMENT Monthly'Report I. Calls for Service: This Month 1191 ` Year to Date 2366 A. Obligated Time 2044.5 B. Non-Obligated Time 488.5 II. PART I CRIMES No, Cleared Arrests A. Homicide 1 1 1 B. Rape C. Robbery 1 1 D. Assault 3 3 2 E. Burglary 20 5 3 F. Larceny 31 8_ 3 G. Auto Theft 7 2 2 gI, Arson 71 TOTALS 64 20 11 - III. PART II TOTALS �: 63 36 ; 27 TOTAL - Part I and II 127 56 38 ? � IV. TOTAL PERSONS CHARGED: 38 a. Adult Male 21 c. Juvenile Male 7 b. Adult Female 8 d. Juvenile Female 2 V. WARRANTS SERVED g VI. 'TOTAL PROPERTY LOSS $ 45,520 TOTAL PROPERTY RECOVERED $ 21,424 VII. TRAFFIC a. Accidents Investigated 26 Injury Accidents 8 Fatal 0 b. Citations: VBR (Speeding) 133 Yield Right of Way—2— Following too Close 9 Red Light 41 Stop Sign 28 Improper Turn 3 Reckless Driving 0 Careless Driving__2 Driving Under the Influence 4 Driving While Suspended 16 Other Hazardous 39 Non-Hazardous -157 Total Hazardous 291 c. Enforcement Index 36.37 d. Traffic Enforcement Totals Citations: This Month This Year 448 Year to Date 902 This Month Last Year 321 Last Year to Date 589 Warnings: This Month This Year 409 Year to Date 1640 ( This Month Last Year 46 Last Year to Date NOTE: - Part I Crimes (Major Crimes) Clearance Rate 31.2% ��* - Part 11 Crimes (Minor Crimes) Clearance Rate 57.1.% 1,10 a CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: March 26 1984 AGENDA ITEM DATE SUBMITTED: March 8 1984 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Public Works Department Monthly REQUESTED BY: Public Works Report for February 1 84 DEPARTMENT MEAD OK: ?i CITY ADMINISTRATOR: INFORMATION SUMMARY . :5 Attached please find the monthly divisional report for Public Works Engineering and Operations ALTERNATIVES CONSIDERED SUGGESTED ACTION Receive and File - - k j TO: Frank Currie, Public Works Director Date: March 15, 1984 FROM: John Hagman, Engineering Div. Supt. I vision Monthly Report for February, 1984 SUBJECT: Engineering Di ENGINEERING SERVICES SECTION: k I OFFICE A. Assigned Addresses for: 1 Golfside Estates B. Subdivisions sent to council for app royal of Ma.i.nteaance bond and accepting a 1:; Park 217' - Release new sidewalk bond for one y C. Files 1. Assigned file number to sanitary sewer biueline "as built.s" D. Mapsc-rated. a 1. Sent Soo scale map to CHZM Hill to have hand out map p 2. Worked on map showing TV Cable placement. E. Plans 1. Checked plans for Bond Park 11 2. Checked plans for Park Street Square F. Supplies 1. ordered`7 hole register. punch LI INSPECTION A. Field 1. Crew Chief made 3 field tours this month 2. Core samples were taken on the asphalt within summer Lake Subdivision to determine how much of an on O'Mara St. Plans. 3. Public Works Inspector has been working Percent. Hrs B. Subdivision Inspection 2 1 .3 Sanitary Sewers 10 6.6 Storm Sewers 2 1 .3 Sub-Grade 4 2.6 Rock Base 4 2.6 Curbs 8 5.3 A.C. Pavement 3 2.1 Driveway Aprons and/or sidewalks' S 3.3 Project Final 12.5 Other Inspections (i.e. Tigard & 115th, Etc) 1906.6 Contractor Technical Assistance 10 6.6 P.W. Shops Technical Assistance Routine Field Inspections (RFA'S, Etc.) 10.5 Field Studies for St.lmpr. Desi16 gn 20 1:3.2 Street Design Computations 12 7.9 Street Design Drafting 2 1 .3 Routine Drafting 4 2.6 Mapwork and Research 4 2.6 Plans Checking 6 3.9 Photo and Written DocumentatLon 152 100%_ :. . FIELD SERVICES SECTION: i EXISTING STREET RE-CONDITIONING PROGRAM A. Assisted in the design of O'Mara Street by obtaining additional field information and making the necessary computations for inter- section and curve layouts. This project is in the C.E.A.D.S% Civil Computer System under PJ O'MARA-STR IMP LG. Final construction drawings will be'cottipleted this week. dI COLLECTOR STREET CENTERLINE MONUMENTATION PROGRAM The Greenburg Road Project is behind schedule according to this years-' projected "Work Program." Concentration on various city .improvement projects and loading the Control Network into ,the computor has created thrs situation.'; There has been no change in progress on this 'project from;last months report. ` ILI CONTROL NETWORK PROGRAM Activity in this program consisted of mapping, limited field work and computationadjustments. Less than` 4 days was spent; in the field. The complete Tigard field control network (local grad) is now in the computer. . Because of the expanding size and densification of the network, several "trial and error' computations are now being performed to arrive at the strongest traverse figures. IV L.I.D.S. There was no activity on local improvement projects this month. ` V OTHER A. Completed design for S.W. Franklin St. Improvement Project. Final drafting and costing have yet to be completed. B. General Information Mapping Upgrade and Update: 1. Land Base Maps - 200 scale (regular updating) 2. Completed Address Maps (200 scale) 3. No progress on Annexation & Road Jurisdiction Maps 4. 450 completion of 400 scale City Map 3 MIRROR MIA121i CITY OF TIGARD PUBLIC WORKS OPERATIONS February Report DATE`• 3-7-84 OPERATIONS OFFICE PARKS: Green Thumb Labor 1 . '14 .0 hrs Mowing 2. 19 .5 hrs Irrigation 2.0 hrs Irrigation 3. 4.0 hrs Ballfield Maint , 4 . 1.0_ hr Building Maint•. 1 .0 hr Bldg Maint . 5 . '10.0 hrs Rec. Equip. Maint . 6. 89.0 'hrs ,Landscaping 41 .0 hrs Landscaping STREETS: 1. 61.0 hrs Street Cleaning 2 . 246.0 hrs Patching 4 .0 hrs Patching 3. 7.0 hrs Paint . & St. Marking 4. 78 .75 hrs Sign Maint . 5. 71.0 hrs Brushing & Limbing 6. 25.0 hrs Grading & Rocking 7. 10.0 hrs Bridge Maint . WASTE WATER: 1 . 114.0 hrs TV Inspection 2. 39.0 hrs Sanitary Sewer Clean 3 . 20.0 hrs Storm Drain Clean 4 . 11.0 hrs Sanitary Repairs 5. 72 .0 hrs Ditching 6. 47 .0 hrs Storm Drain Clean SUPPORT SERVICES: 1. 19.0 firs PM on Equipment 2. 89.6 hrs Scheduled Repairs 3. 7.5 hrs Unscheduled Repairs 4. 181 .0 hrs Fabrication 5 . 7.0 hrs Building Maintenance 6. 68.5 hrs General Support M E M O R A N D U M � % CITY OF TIGARD, OREGON TO: Mayor and City Council March 22, 1984 FROM: Bob Jean, ,City Administrator SUBJECT: MACC Report At it's March Board meeting, MACC ;reviewed Storer's construction yet to go. As of 3/9/84the following cable is yet to be completed by,June: To Be Placed To Be Activated Residential 165 miles 236 miles Institutional 150 miles 305 miles Total 315 miles 541 miles Storer feel's they will meet" their June deadline. Tigard remains ahead of schedule although much of the underground system yet remains to be installed. Storer has initiated a re-marketing effort in Tigard. Please let me, know if you hear of neighborhoods with cable that have not yet been marketed. Please r contact Donna at-City'Hall with questions as to cable 'placed and activated in Tigard. Storer's financial statement was also reviewed by the Commission. Storer has a positive operating cash position but an overall loss due to depreciation on fixed assets. An overall profit is not expected for about 5 years. This is not expected to affect Storer's ability to perform under the franchise nor its ability to make franchise fee payments. Further information is available on request. RWJ/pn(0412p) F RE lot METROPOLITAN AREA COMMUN-L' 'TIONS COMMISSION 10AR 1 5 1984 Minutep March 7, '1984 A meeting of the Metropolitan Area Communications Commission was called to order by Chairman Jack Nelson at 1:10 p.m. in the City of Beaverton Council `Chambers, 4950 SW. Hall Blvd. Due to lack of a quorum, items from the agenda which required no action were discussed at this time. Visitors: There were no visitors present who wished to speak at this time. Construction Report: Mr. Tierney reported that during the month,of February,, 18.34 miles were constructed and 11.57,miles were proofed. He explained that this report is one week short of the monthly total as would be future reports. 27,000 homes have been passed thus far. Forest Grove and Cornelius are essentially completed, and crews are moving into Hillsboro. Tualatin had activity of five miles for the month. Lake Oswego and Durham are waiting for significant construction in their areas. Mr. Wilson said he was pleased with their increase in production and their intention is to now start cleaning up the pockets of problems such as lack of street bores. He also reported that following the last meeting and comments regarding the marketing efforts, they have implemented a re-marketing effort which will involve going through the entire service area and making sure each non-subscribing hone is re-contacted. Mr. Wilson handed out a letter they will also be sending to subscribers to confirm identification numbers on converters. This is part of a computer conversion effort. The new system is intended to provide more accurate records. At 1:30 p.m. a quorum was attained with representatives from the following jurisdictions present: Connie Fessler, Forest Grove; Herb Lindner, King City; Denis Borman, King City; Herb Hirst, North Plains; Bob Haas, Tualatin; Mike McCloskey, Washington County; Jeanne Percy, Durham; Bob Jean, Tigard; Mark Arbuthnot, Cornelius; Mike Solcmon, Forest Grove; Tim Erwert, Hillsboro; C. Herald Campbell, Lake Oswego. Consent Agenda: Ms. Fessler moved to approve the consent agenda--Acceptance of the January Financial Report; Adoption of Resolution 84-2, Authorizing Wilsonville to Become a Member of MACC; Adoption of Resolution 84-3, Authorizing North Plains to Become a Member of MACC. Seconded'by Mr. Borman. Motion carried. i 'MIN vNI I F j ` MACC Minutes -2- 3/71;_ ; Chairman Nelson welcomed Mr: Herb Hirst, therepresentativefrom North Plains. Minutes: Mr. Campbell moved to approve the minutes of the February 1, 1984 meeting. 'Seconded by Ms. Fessler. Motion carried. s Recommendation of the Franchise Administration Committee to Adopt Resolution 84-1: Mr. Tierney explained the resolution pointing out the differences 1- x between the draft which was:originally sent to the Board and the final copy. The recommended resolution responded to the requests Storer Metro made in, their letter of October 26, 1984. The primary concerns of the committee were in the community programming area, completion of all studios, delay of studio on wheels, time frames for certain interactive services, the upgrade of the '!Metro West" ,system, and the request to pass through certain service costs to subscribers. Mr. Tierney indicated the committee had diligently thought through the recommended resolution and had spent time negotiating it with Storer Metro. The committee strongly reconnended positive Board action. Mr. Jean moved adoption of Resolution 84-01, A Resolution Approving with Conditions Certain Requests by Storer Metro Communications for Adjustments and Time Extensions to the Cable Communications System Franchise Agreement. Seconded by Mr.' Campbell. ' Mr. Jim Moore, speaking for Storer Metro, commented on the language in paragraph 5. f. & g.; which addresses the completion of the Metro West system. He noted that the language does not explain subscriber charges during the upgrade. The intention is that Storer will utilize the existing subscriber charges until the upgrade is complete at which time there will be uniform charges throughout the service area. He also expressed concern about specific dates being listed in paragraph 4 regarding interactive services in . that if a third party is involved, through no fault of Storer Metro's, there may be occasions when services are not available on that particular date. Mr. Jean questioned whether approving this resolution meant approving the channel line-up which although not made a part of Resolution 84-1, covered certain aspects of the channel lineup, particularly moving WGN from Channel 36 to Channel 18. He asked for discussion on the channel line-up prior to approval of Resolution 84-1. He felt that the Arts channel should remain on Tier I, along with Nickelodeon instead of moving the Arts channel to Tier II. Mr. Wilson said the Arts channel comes in two different formats, a 20 hour a "day or a six hour a day format, and if the Commission desires, the abbreviated format could be placed on Tier I sharing the channel with Nickelodeon. Mr. Jean indicated his concern was a policy one whereby he wished to guarantee that channels were not being moved to the higher tiers making the more costly MACC L.::-totes -3- 3/7/84 tier more desirable to the subscriber. Discussion ensued regarding the channel lineup.; Mr. Tierney indicated he wished for the access channels to not be completely filled with satellite video programming and suggested moving an access channel from Channel 19 which was proposed to;Storer Metro to start to carry two satellite video services, thereby eliminating the possiblity of access use, to Channel 24 which would have only one satellite video service r and time available for access. Different suggestions were put forward and discussed with Storer Metro. Mr. Jean moved to amend the motion to provide the Arts on channel 26, Program Guide on Channel 31 unscrambled, Black Entertairment Channel and Nickelodeon sharing Channel 24 and MACC on Channel 19. Seconded by Mr. Campbell. Motion carried. The mended channel lineup was acceptable to Storer Metro. Mr. Moore; pointed out, however, that when channel moves are made to lower tier levels, it raises Storer Metro's costs which eventually raises the cost to subscribers. The motion carried to adopt Resolution 84-01. PCC Access Studio: Mr. Tierney explained as background that Storer Metro in a letter to him dated February 3 addressed the establishment of an access studio at Portland Community College at Rock Creek which would differ from the other studios in that the Forum is an auditorium seating approximately 250 people which would be outfitted with all equipment to handle television:productions. MACC was informed in January that this possibility may occur at which time MACC asked for copy of the contract. The contract was received on Thursday, March 1. The question arose from review of the contract whether. or not the access users had the same rights and privileges at this proposed studio as at the other access studios. Mr. Tierney recommended the Commission receive answers to the questions raised in his letter to Doug Wilson of March 7, 1984, or postpone a decision until those questions can be answered satisfactorily. He expressed his displeasure at the lateness in receiving any information from Storer Metro regarding this change in the Franchise Agreement. Mr. Solomon moved to postpone action until a response can be received from Storer Metro in writing. Seconded by Ms. Percy. Mr. Moore said the delay of this decision until the April meeting would make it impossible to complete by June. Mr. Wilson agreed that work needs to be started soon at PCC to have it complete by June. He explained that Storer Metro felt this studio would Mr. Erwert felt enhance the commitments already made to community access. �~ MACC Minutes - - 3/7/84 that this should have been discussed with Mr. Tierney schen the concept was originated so that any concerns could have beenexpressedat that time. Mr. ` : x Moore said there is the possibility tha,'Portland Community College may not x make the facility available for MACC or access users at all times. Chairman Nelson asked when Storer Metro could have-a response. Mr. Wilson_indicated they would have the,questions raised in Mr. Tierney's-letter answered by the beginning of next week. Mr. Moore suggested having a meeting earlier than the first Wednesday in April or granting authority to staff to approve the request. Mr. Jean indicated he felt uncomfortable delegating this responsibility to staff or to a committee. Mr. Solomon indicated a displeasure in that Storer Metro was not bringing issues to the Commission for R timely consideration. Mr'. Erwert moved to change regular meeting dates to the third Wednesday of the month beginning March 21 at 1:30 p.m. rather than the first`Wednesday at 1:00 p.m. due so more current information in construction and financial reporting would be available, and he indicated this would permit MACC to act on the PCC .. studio request in sufficient time to construct an access facility by June 8, 1984. Seconded by Mr. Arbuthnot. Motion carried. The Commission postponed action on the PCC access facility until March 21 at 1:30 p.m. and requested a . Storer Metro to respond to the questions and concerns raised in Mr. Tierney's letter. Copyright: Mr. Tierney said at this point he was not ready to make a recommendation on the copyright issue. A meeting will be scheduled to continue to discuss this issue. He said Storer'Metro'is now taking'copyright' , . on access productions but granting the producer distribution rights, thus allowing them to show the production through means other than the Storer Metro access channels. Frequency Management Plan: Mr. Tierney said the Technical Committee recommended-engaging an outside consultant for approximately 15 working days at an estimated cost of $5,000 to develop a frequency management plan. Funding would come from the demonstration project fund. Since specific policies regarding the demonstration project fund have not yet been finalized, Storer was asked if they considered the above project a proper expense against the fund. They responded affirmatively and indicated they would provide a written confirmation. Mr. Haas moved to accept the recommendation of the Technical Committee to authorize the Administrator to engage a consultant to develop a frequency management plan with funding from the demonstration project fund. Seconded by Mr. Campbell. Motion carried. Resolution 84-4: Mr. Solomon moved to adopt Resolution 84-4, Recognizing and Commending Michael Dowsett for his Assistance to MACC. Seconded by Mr. Campbell. Motion carried. MACC Minutes -5- 84 Cable Legislation: Mr. Erwert expressed appreciation for Mr. Campbell's attendance at the conference in Washington„ D.C. and for his written report. " Mr. Campbell reinforced the importance of each jurisdiction's adoption of a resolution to their Congressmen and individual letters,being sent to members of Congress. Remote Control Device: Mr. Tierney explained the letter from Mr. Wilson which describes the difficulty, in keeping records on rental charges and then applying- them'to purchases of the remote control device. Mr. Wilson noted that their sales people.have been made aware of the importance to discuss the option of buying or renting and'there'will no longer be a sales incentive for either option. Chairman Nelson said the Executive Committee had met with Mr. Tierney for a performance review and the comments are available for 'review in his office. There being no further business, the meeting adjourned at 2:45 p.m. Respectfully submitted, Gaye Peterson for Herald Campbell Secretary-Treasurer CITY OF TIGARD, OREGON COUNCIL 'AGENDA ITEM 'SUMMARY_ AGENDA OF: March 26 19x4 AGENDA ITEM k: DATE SUBMITTED: 3/i6/84 PREVIOUS ACTION: Minor Land Partition ISSUE/AGENDA TITLE: MLP 9-81 approved. Acceptance of non-remonstrance agreement - REQUESTED BY: Planning Department DEPARTMENT HEAD OK: s J t CITY ADMINISTRATOR: INFORMATION SUMMARY As a condition of approval for a minor land partition, the Planning Department reauired that the applicant sign a non-remonstrance'for future street improvements to SW;Ash Ave. The completed non-remonstrance 'agreement is attached. ALTERNATIVES CONSIDERED SUGGESTED ACTION That the Council accept the non-remonstrance agreement as required by staff as a condition of approval for MLP 9-81 1 ;JECT' NIO,F: ✓en7eo 2l FILE R: A 1—o Y8i TAX MAP: $�/ a C-p TAX IAT ADL RESS: Zp p CONSENT COVENANT (NOZNP.EMONSTRA`ICE AGREEMENT) Street Improvements The undersigned owners (including purchasers) of the real property described below do hereby record their consent to the formation of a local improvement district by the City of Tigard for the purposes of improving the`public' street or streets upon which the described property 4 abuts. The undersigned expressly waive all present and future rights to oppose or remonstrate against the formation of a local improvement district for the improvement of the abutting street or streets, reserving only the right to contest the inclusion of particular cost items in the improvement district proceeding and any right they may have under the laws of the a .. State of Oregon to contest the proposed assessment formula_ This consent and waiver shall run with the title to the described land and be binding upon the undersigned and all successor owners, for period of fifteen (15) years from the date of the last signature below. The real property :that is the subject of this 'consent covenant is described as follows: SEE ATTACHED EXHIBIT "A" r IN WITNESS WHEREOF, the grantor(s) have hereunto set his (their) hand(s) and seal(s) this Z day of �- z� ' 19�, .Ails.i.n//lel/ 'Vt (SEAL) (SEAL) (�/Gr✓ - . G/ (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) STATE OF W ) SS_ County of ) on th' day of , 19P-71, personally appeared the above named T GUi/�y c and acknowledged the foregoing instrument to be their voluntary act and deed. Before me Notary Public f ri//��� My Commission expire: _C MFERENCE FILE # `�'�"� ACCEPTANCE 19 �4'. Approved as to legal description this S day of _� �� � ' BY ity o gard, Oregon Approved as to form this V5 day of ` 19- '- BY %' Attorney Ci,y `cof Tigard, regon Approved this 1,� day of �!9 U 7 BY: a^- Chairperson - C ty of Tigard, Oregon planning Commission Accepted by the City 'Council this f�� daY of _�x 19 BY: W y pj� ier - of Tigard, Oregon r. 11 r>c Y. IMIMMYR-Wffil i 1 M rAWRIN 0 L. ~^ Order No.: 7-605864-W EXHIBIT A 251 2CU Tax Lot 200 A tract of land in Lot 25 of FREWING ORCHARD TRACTS, in _Section 2, Township 2 South, Range 1 `West, Willamette Meridian, Washington County, Oregon, beginning at an iron pipe on center line of Ash Street, a 40 ,foot roadway, and at the Northwesterly corner of said Lot- 25, and going thence Sout-.h 30° 1 1 ' East 21.55 feet to an iron pipe on the Southerly line of the roadway; thence continuing` South 30°11 ' East 143.70 feet along the Westerly line of aforesaid Lot 25 t to an iron pipe; thence North 59°56' East 194.40 feet -to an iron pipe ont-he Westerly line of Frewing Avenue; thence continuing North 59°56' East 20.0 'feet' to a point on center line; thence along center line North 30°04 ' West 250.0 feet to the Northeasterly corner of aforementioned Lot 25 and on the center line of Ash -* Street; :thence on center line of Ash Street South 38°25' West 231 .A feet to the true point of beginning. i S 12 Q . f f i iJ M � • c ). C�"I® 2 r 2S n ' Ca W E 4 G UN"rY OREGON S KALE I11=100, THIS MAP IS.FUR; OSHEO.AS A (\1 C_O('`'N'Vj+[Ei�N;ETNCTE BY: THIS MAP IS NO-t A SURVEY ANO GOES NOT SHOW THE LOCATION OF .ANY IMPROVE- MENTS.MENTS THE COMPANY ASSUMES NO LIA- yhp°�' BILITY FOR ANY..ERRORS.THEREIN. " -74 100 1,76Ac. 17 $ Z!51 20 a 6 TAX LOT 120 C' ro 13C 261 a 26 24 yP4a c ryy3 0 ® 31c 200 1400 8OAc .27A c. 1 C+ 2714ry�aQ Nhga!k b P• �" \q. 34 Ac ^\ ., \J =78 300 23® 1i c 2708 II Y ti� a .47Ac. >b 0 .64 Ac. w N G \ 2704 'i 2700 400 �� .63.4c. /\ m. .34 Ac .65Ac. 'qn 11 26 6803 �. IIIIIIIIIIQi�Iiy,• 27'0 500 u Y .60 Ac. \\\ / - IIIIIIII .67Ac. I ,- �. \ s gPe ,III�IipIF5I I 00 �� Ili 111 S68^32'30"E 903.7 X21C ZI N80*32 w "►�. pl'i1P 1101 11.48 1 1100 IC 2705 .35Ac. 1 34Ac 10 2712. � i'40Ac. tli1' I asoe ._. a CITY OF TIGARD, OREGON COUNCILAGENDA ITEM SUMMARY AGENDA OF: March 2E , 1984 AGENDA ITEM #: DATE SUBMITTED: March 2.0, 1984 PREVIOUS ACTION: Prior approval ISSUE/AGENDA_TITLE: OLCC by City Council m License Application Renewal REQUESTED BY: Applicant i DEPARTMENT HEAD OK: i CITY ADMINISTRATOR: l INFORMATION SUMMARY The following is a renewal of a prior approved application. RMB GREENWAY PUB 12272 SW Scholls Ferry Rd., Tigard, OR 97223 ALTERNATIVES CONSIDERED SUGGESTED ACTION -Recommend approval of the application and forwarding to OLCC. Respectfully, Adams, Chief of Police - WEE CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY' Ll < AGENDA OF: March 26, 1984 AGENDA ITEM h: t ���e DATE SUBMITTED: March 21, 1984 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: OLCC License Application REQUESTED BY: Applicant DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY Applicant: ELMER's PANCAKE & STEAK HOUSE 14055 SW Pacific Hwy. ,- Tigard, OR 97223 This is a new application for a restaurant class (beer and wine) retail sales license, at the above location. ALTERNATIVES CONSIDERED SUGGESTED ACTION l' It is recommended that this application be approved and forwarded to ti• OLCC. Respectfully, }� f Gr%, Chief of Police MEMORANDUM March 16, 1984 . r TO: Chief Adams, Police Department FROM: Penny Liebertz, Finance Department SUBJECT: OLCC' Liquor License Application Renewal) i Please review the attached OLCC Liquor License application renewal and have recommendation to us by Tuesday, March 20th so we may include it in the packet forthe March,-,.26th Council meeting, Thanks.` RMB Greenway Pub 12272 SW Scholls Ferry Road Tigard, OR 97223 i - V. y Q (PL:pl/0655A) i y LLL MEMORANDUM March 15, 1984 TO: Chief Adams, Police Department -,F FROM: Penny; Liebertz, Finance Departmen SUBJECT: OLCC'Liquor License Application Please review the attached OLCC Liquor License include aitoi andthe packet recommendation to us by Tuesday, March 20th so we may for the4�rch 26eti'Council Meeting. Thanks. g RESTAURANT Elmer's Pancake & Steak House 14055 SW Pacific Highway Tigard, 0R 97223 (PL:pI/0655A) 4 CITY OF TIGARD, OREGON COUNCIL AGENDA 'ITEM SUMMARY AGENDA OF: 3 AGENDA ITEM #: / '✓, k` DATE SUBMITTED: March 13, 1984 PREVIOUS ACTION: placed on ISSUE/AGENDA TITLE: Acceptance of Maintenance 9/14/$I s �. REQUESTED BY: Owners and I-KOLL BUSINESS PARK $- _ Public Works Engineering Dept DEPARTMENT HEAD -0Ke CITY ADMINISTRATOR: r INFORMATION SUMMARY ' k I-Kol1 Business Park is located south of S.W. Scholls Ferry,Road between I s S.W.`Cascade-Blvd. "and Fanno Creek.< The developers have completed all_public improvements that were required by the City. q t ---------- ---- --�-- ALTERNATIVES CONSIDERED C SUGGESTED ACTION The Engineering Department recommends the City Council accept the public improvements in this project, for City operation and maintenance responsibility assumption. t.` CITY OF TIGARD, OREGON E COUNCIL AGENDA ITEM SUMMARY AGENDA ITEM #: ! 0 .57 AGENDA OF: DATE SUBMITTED: 3/13/84 PREVIOUS ACTION: Was Placed on 4 ISSUE/AGENDA TITLE: Acce fp ante of Maintenance 7/11/80 REQUESTED BY: Developer and tha_ Picks Landing I Public Works Engineering Dept. s j CITY ADMINISTRATOR: DEPARTMENT HEAD OK: 1 INFORMATION SUMMARY ocated south of S.W. Durham Road, west of Picks Landing II. Picks Landing I is l ; completed all of the Picks Landing,I was developed byKen,Waymire, who has required public improvements that were required by the City. .y ALTERNATIVES CONSIDERED ( ----- SUGGESTED ACTION 1. =7 The Engineering Department recommends that thel City Council accept the public improvements in this project, for City operation and maintenance responsi- bility assumption. CITY OF TIGARD, OREGON COUNCIL 'AGENDA ITEM SUMMARY AGENDA OF: AGENDA ITEM h: -rte DATE SUBMITTED: March 13, 1984 PREVIOUS ACTION: Placed on ISSUE/AGENDA TITLE: Acceptance of Maintenance 4/28/83 S.W. Fanno` Creek-Drive r REQUESTED BY: Owners and (Bonita Firs) Improvements _ Public Works Engineering Dept. DEPARTMENT HEAD OK: Il j CITY ADMINISTRATOR: INFORMATIONSUMMARY This ;project is located north of S.W. Bonita Road between S.W. 79th Avenue and S.W. 81st Avenue. ;The Developer has completed all of the,public improve- ments that were required by the City. ALTERNATIVES CONSIDERED SUGGESTED ACTION The Engineering Department recommends the City Council accept the public improvements within this project, for City operation and maintenance responsi- bility assumption. 1201 Court Street N.E. ® P.O. Box 908 0 Salem, Oregon 97308 0 Phone(503)588-2251 i MAR'. March 16, 1984 -: Mr. Bob Jean City of Tigard P.0. Box 23397 Tigard, Oreg 97 23 Dear Enclosed are two copies of the 1984 contract for LGPI negotiations of your collective bargaining agreement. We greatly,appreciate the continuing relationship we have'with'.you and your City. If there is anything we can do to improve upon our service or if you have any questions about the contract, please contact me. If the contract is okay, please date and sign both copies and return one to LGPI . Best Regards, Kirk Berger Director KB:ph Enc. A Service of:Association of Oregon Counties ®League of Oregon Cities AGREEMENT FOR SERVICES x �f Between' The City of Tigard and The Local Government Personnel Institute f 1984 between This agreement is made his �� day of ��t-ch► � of the Association the Local Government Personnel Institute (LGPI), a joint, ventur y of Oregon Counties, League of Oregon Cities and the Oregon School Boards Association,' P. 0. Box 908, Salem, Oregon 97308, and the City of Tigard P O Box 23397, , Tigard Oregon 97223 l; The parties agree as follows: • ARTICLE I. SCOPE OF WORK. r-: This Agreement is exclusively for personal services. The Local Government i Personnel Institute will represent the City of Tigard in its labor relations activities with recognized employee bargaining representatives as follows: i . Negotiations Representation: representation for collective bargaining, to include mediation, factfinding, interest arbitration and strike a , management, if necessary. 2. Contract Administration: supervisory training, representation at t- grievance processing and grievance arbitration, and consultation if further appeals are taken. ARTICLE II. TERMS OF PAYMENT AND CONSULTANT FEES. A. The services will be performed by or under the personal supervision of Kevin Lindgren, The District will reimburse LGPI in accordance with the following schedule. Time for all services rendered will be computed x to the nearest one-quarter hour and billing will be made on a monthly basis for the duration of the negotiations and this Agreement. B. Fee Schedule. Professional Services $55/hour Travel time $20/hour , Secretarial services $8.75/hour Mileage $ 20/mile Meals Breakfast $4.25 Lunch $4.75 Dinner '$8.00 Lodging At cost ARTICLE III. TERMINATION. The District may terminate this Agreement upon giving-LGPI ten(10) days' written notice. In the event of termination, LGPI shall be entitled to payment for services rendered and reimburseable expenses 'incurred to the date of termination. ARTICLE IV. COMMENCEMENTAND COMPLETION OF AGREEMENT. This Agreements 11be in when'it has been signed by both parties and r continue through_Ur ] FOR THE LOCAL GOVERNMENT PERSONNEL INSTITUTE C Signature Signa u -e tom. �-i+L' A _ sem Title �63i�bae� '�+ Title D1.ate g:q a y-s Date €j C I CITY OF TIGARD, OREGON COUNCIL:AGENDA ITEM SUMMARY .AGENDA OF: March 26, 1984 AGENDA ITEM #: � DATE SUBMITTED March 22; 1984 PREVIOUS ACTION: P ISSUE/AGENDA TITLE: Application for Industrial Revenue Bond — Puget Corporation REQUESTED BY: Puget Corporation of of Oregon. Oregon. DEPARTMENT HEAD OK: Lf//✓j' ` CITY ADMINISTRATOR: s INFORMATION SUMMARY § The Puget Corporatic of Oregon has requested that the City endorse its application for approvalfrom the State of Oregon Economic -Development Department to issue 'Industrial Revenue Bonds. Puget intends to expand its ' present operation providing custom molded plastics which it began at its present site at 7440 SW Bonita Road' in 1968. The expansion would create seventeen new jobs and add to the City's industrial tax base. To be eligible for the State Authorization, the City must find that the project is in compliance with the City's local economic development plan. I f have examined the application in conjunction with the Economy element, the - goals of our comprehensive plan, and the purpose of our Economic Development E Committee and find that the proposal is in compliance with our economic development plana a, { ALTERNATIVES CONSIDERED g The Council may: 1. Adopt the Resolution as written 2. Adopt a modified Resolution 3. Reject the Resolution SUGGESTED ACTION I recommend that the City Council vote .to accept the attached resolution finding that the Puget Corporation project is in compliance with Tigard's Economic Development Plan. g, PUGET - CORPORATION Or'OREGON i 74405:W.BONITA ROAD • PORTLAND,OREGON 97223 PORTLAND PHONE:(503)639-3139 TOLL FREE:(800)547-9690 March 19,' 1984 ti CityCouncil City of Tigard [' Tigard, Oregon Attn: Mr. William'Monahan <t Gentlemen: Puget Corporation of Oregon is planning the expansion of our plastic injection molding operation at 7440 S . W. Bonita Road in Tigard.' In order to finance as portion of our five year expansion program, c we intend seeking approval from the State of Oregon Economic Develop- ment Department to issue Industrial Revenue Bonds. Attached is a copy of the application we will submit to the Economic Development Department giving the particulars of our proposal. As a part of our application, we are required to submit a copy } of a Resolution by the Tigard City Council that our project has been found to be in compliance with the City of Tigard' s adopted local economic development plan. We respectfully request your consideration of our project , and ; if you find it appropriate, we would appreciate' a letter from the Tigard City Council addressed to the Economic Development Department indicating your approval of our project. i Respectfully, E Geoff Levear I gill k 1 APPLICATION FOR OREGON INDUSTRIAL DEVELOPMENT REVENUE BONDS BY PUGET CORPORATION OF OREGON I COMPANY` INFORMATION A. Puget Corporation of Oregon, 7440 S. W. Bonita Road, Portland, . Oregon _ 97223 Phone: 503-639-3139= B. Headquarters: as above. C. Type of business -- Incorporated in the State of Oregon. D. Chief Executive Officer: Geoffrey W. Levear E. No other plant locations. F. The company is not listed on a stock exchange. G . Geoffrey W. Levear, President; Patrick J. Lyon, Treasurer; Richard': A. Edwards, Secretary. H. Stockholders: Geoffrey W. Levear Puget Corporation of 'Washington' I. Financial Statements for the last three years (attached) . {-.. J. No bonded indebtedness. K. The Company was originally incorporated in 1968 as Puget Die Casting Co. , an Oregon corporation and produced custom zinc and aluminum die castings . In 1977 , the corporate name was changed to Puget Corporation of Oregon and began production of custom molded plastics. Since the beginning of our plastic molding operation , we have grown from 0 sales to l 1/2 million dollars per year. II PROJECT INFORMATION A. Project is located at 7440 S. W. Bonita Road in Tigard, Oregon, Washington County. B. Plans are currently being formulated for a projected start-up of July 1984 and completion by January of 1985. C . Description of Project : Land acreage is 2 .6 acres with 7 ,000 square feet of manufacturing and office 'space. We propose the addition of approximately 20 ,000 square feet of manufacturing space , 2 ,000 sq. ft. of office space,and Page Two a COMPANY INFORMATION 2 ,000 sq. ft. of employee facilities space. Our products' are custom injection molded plastic parts and assemblies. Ourtransportationrequirements are handled by;common carrier truck lines. The equipment required is four new injection molding machines in addition to the six currently utilized, plus the necessary support equipment. (See attached business ➢ plan. ) E. Bond Proceeds: 1 . Equipment 390 ,000 2. Buildings 550 ,000 3. Land - none 4.. Other - Bond issuance 'costs -; 60 ,000 5. Total Bond 1 ,000,000 6. Bond Issue as` a % of Total Current Project - 74% F. Raw materials consist of granulated plastic purchased from variousroducers and suppliers in various P pp parts of the United States. More than 50% of raw materials are purchased from various warehousers and wholesalers in Oregon. We project the purchase of approximately 675 ,000 pounds of raw materials valued at $810,000 in the year 1985 . G . The anticipated and present market for our product is in the States of Oregon, Washington, California, Idaho, Utah and Colorado. We make components for the electronic, truck, automobile accessory, medical instrument, leisure, irrigation and telephone equipment producers. H. Impact on the local economy. 1 . Our expansion will create a need for additional skilled and trained managerial, technical and production employees. 2. The area and specific plant location is currently supplied withexcellent road, sewer, water, power and school facilities. w v. 3 f Page Three . . COMPANY INFORMATION i' III. LABOR FORCE` A. Twenty-five 'people are presently employed in our Tigard location. B. We project seventeen additional hires to staff our proposed project. i from in or out of state to C. No people will be transferred ' the proposedproject. } Existing New Positions Positions D. Labor Cate Operations Manager - 1 Sales Assistant 1 Quality Assurance` Manager 2 Quality Inspectors --- 1 Molding Technician - 1 - Maintenance Manager 8 Molding Machine Operators 17 2 Production 'Engineers Parts Assemblers Toolmaker --- - Shipping Personnel 2 --- 23 17 E . We have requirements for trained machine operators who We will hire experienced molding we will train ourselves . technicians and toolmakers. F. We will continue our present in-house training. G. The project is not a re-location. IV. ENVIRONMENTAL IMPACT ts are for ordinary personnel requirements. A. Water requiremen B. 1 . There will be no air effluent. 2 . There will be no water effluent. 3. There will be no solid wastes for disposal. F` Page Four COMPANY INFORMATION C. Energy ;requirements are for power currently supplied by Portland General Electric amounting to 3.8 million K.W.H. per year. They will increase to approximately 5` million K.W.H. per year. The lighting load will increase proportionately. D. No pollution control revenue bonds are to be requested. V. PROJECTED PAYROLL & _PROFITS A. We anticipate an increase in payroll for the first three years of operation of $660 ,000 directly resulting from this project. B . We anticipate an increase in profits of $66 ,000 for the first three years of operation, directly resulting from this project. C. We see no requirements for any new expenditures for public 4. services required for this plant location. Exhibit A: Not applicable Exhibit B:" See attached a: Map showing location b: Extent of facility to be funded by bond proceeds. Exhibit D: Attached 3 . Completed cost effectiveness formula. 2. Financial Statement supporting projected increases in payroll and profits for first three years due to the investment. COMPANY INFORMATION Exhibit D: Cost Effectiveness Federal Taxes Foregone $30 ,000 State Taxes Foregone 3,000 Increased State & Local Borrowing Costs 3,500 Total Annual Cost $36,500 Major `Public Benefits` Total new Oregon hires due to investment 17 Total .incrase in payroll due to investment $660 ,0,00 Employment Growth Benefit Federal Tax Benefit $57 ,200 State Tax Benefit 16 ,500 Total $73 ,700 $73 ,700 Increased Taxable Profits Increase in taxable profits $66 ,000 t Federal Tax 8 ,360 State Tax 1 ,650 Total $10 ,010 $10 ,010 TOTAL PUBLIC BENEFITS $83,710 i 6 s CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY i AGENDA ITEM # AGENDA OF: 3/26/84 DATE SUBMITTED 3/2� 2/84 PREVIOUS ACTION: Acceptance previously t, ISSUE/AGENDA TITLE: Accept Street', in November '- 1983 t VESTED BY: Loreen Wilson RE Dedication — Trademark Homes Q DEPARTMENT HEAD OK CITY ADMINISTRATOR: INFORMATION SUMMARY The Recording Division of Washington County has returned a Street Dedication to the City for review. InNovember of 1983, the City Council accepted a` street dedication by Art Lutz for this 'location on 72nd Avenue & Sandburg Street. 'Between the time the document was signed ,by Art Lutz and the time of recording the document, the property changed hands and the dedication had to be resigned by Trademark Homes. RR t. _ 1 s =aeamamamc=o-_=snammmsma==smarm==ms==mac-====___=_ ALTERNATIVES CONSIDERED gmm6m mf6Bt aims 6m ' ' SUGGESTED ACTION Recommend approval of the dedication from Trademark Homes, Inc. STREET DEDICATION KNOW ALL MEN BY THESE PRESENTS, that TRADEMARK HOMES INC. erina ter cal teagrantor s , or a sum o I grant an dedicate to the Public a perpetual right-of-way fors treet, rodd11U u.l I sty purposes on, over, across, under, along and within the following described'real property in WashingtonCounty, Oregon: _ -- That portion of land in Section 1, Township.2 South, Range 3 West, Willamette _ 'i•.- idian, Washington County, Oregon,-more..particularly described as follows: _Beu,nning at the Norrhwest corner of Government Lot 4; thence North 89° 15' 37" East,.along the North'line'of said Lot, a distance of 20 feet to a. point.;,.said 'point he-.ing the point of intersection of the':North..line of said Lot 4 with the ' Fa, t right-of-way boundary line of 40-foot wide S.W. 72nd Avenue, and, also, berg the truelpoint of beginning of. this description; thence East, alonsl the ;4,j r�L,]1neufsardLut 9, a distance or 10.feet tofa point therein'; thence South, parallel with the East right-of-way boundary line of said.:72nd Avenue, adistance of 342.48feet to a point of intersection with the North right-of-way boundary ' line of 50-foot wideS.W. SandburgStreet;.thence West, along the.North line of x said Sandburg Street, a distance of 10 feet to a point of;,intersection with the ' East right-of-way boundary line of said 72nd Avenue; thence North, along the East 'right-of-way boundary line of said 72nd Avenue, a distance:.of 342.48 feet to thee. true point ofbeginning of this description. To have and to hold the above-described and dedicated rights unto the Public for uses and purposes hereinabove stated. y The grantor(s) hereby covenants that they are the owner(s) in fee simple and have good and legal right to grant their rights above-described. IN WITNESS WHEREOF, the grantor(s) have hereunto set their hand and seals this �' a of Tatrtary 19 84 C (SEAL) (SEAL) IN WITNESS WHEREOF, the undersigned corporation has caused this Street Dedication to be executed by its duly authorized, undersigned officers acting pursuant to resolution of its Board of Directors. TRATIEMA MES IT r ora By. Vin- rest ent By: STATE OF OREGON ) ss COUNTY OF WASHINGTON ) On this 27 day of January 19 84 , personally_appeared :he above-named m E'A/UktiN r9Me<5' EK fl and acknowle ge a oregoing ins rumen o e e1r vo un Ary act.anZ-Je d. Before Me: Notary ommission for Oregon My Commission expires: e� ACCEPTANCE Approved as to form this day of VVNck r , 19 4• By: 1 y orne - y o lgar Approved as to legal description this 2_1 day of , 19 ,5+ . By: �.-- Accepted by City Council this ;)01- day of , 19 By' ��� 1 y ecor er - 1 y o lgar LE I Il�';i ,5 i LJ t I LJv '— -- -- - - ----- f MAP TO ACCOMPANY DESCRIPTION B9°24'-W 310 f00 S e9°1e'E SEE' MAP p• Ir CANCELLED TAX URS .9/Ac. P -140 2S ( IDA 3100,3901,1200,3301,700, O r 600,4400, 4200 4 AS Ac. a $ .310 i 's® 4F1. M Loo__ p 270 722 1\1 'I®'W .'9/Ac. 20 40 a 105e— u-8 05 _J �o L 4300 I 3 /.03Ac: � _ 2 C 'r N r✓ r 310 ( INITIAL =�' r-, i POINT sasp IS 37•w wlJ .5042 176.53 140. J '.Bb'AC. o+. 09-15 3? E 189.59 £AST 9.26CIL 4714 211 ' 40 N COR GOVT LOT 4 Z 3701 3700 7 Ac /.59 Ac. �-DESCRIBED AREA 400 W .88 AC f . �... N89°I5'3r-E 104.3^ - %f 2 A W GOVT. LOT 4 1 7®63 a` H 69"24'W 310 m I - "I n 3702 a DRIVEN 68°4®,W 310 O 75 AC ., p S 86°4e'E 310 v W N ®9°24'W A. 310 � t 50o I 0 Ac w � � S as*Os,17�W 198.63 WEST 9.26 CH. 47.14 f- W TO PUDUC 045/528 583 53 E 600 310 SSS. SANDBURG STREET" R 88 Ac 10 s03*53'E 410 so N N 3800 X801 8/ Ac. 23 AF i z40 8 SEE MAP _ z N 09'24'W 310• u � 2S I IDD z _ 5.66°30.24"E f- 319.rR! .. 1920 Za i .9 N 88°53,w 410 so 569 * ; ' R n0• 3900 ? 17 Ar. E 6 S CITY OF TIGARD,' OREGON µti COUNCIL AGENDA ITEM SUMMARY /0 . Cl AGENDA OF: March 26 1984 AGENDA ITEM DATE SUBMITTED: March 21, 1984 PREVIOUS ACTION: A: ISSUE/AGENDA TITLE: Winterlake Rezoning REQUESTED BY: x, CITY ADMINISTRATOR: DEPARTMENT HEAD OK: INFORMATION SUMMARY p Mr. Russell Krueger has requested a reimbursement for the fee which he has paid to file for a zone change to recover tY�e zoning which he had when he secured approval in 1980 from the City Council for the Winterlake Project. The rezoning took place during the Comprehensive plan process last May. s { ALTERNATIVES CONSIDERED The Council may grant the request and reimburse Mr. Krueger the amount which - he has paid for his zone change application or the Council may reject the request. SUGGESTED ACTION The staff recommends that Mr. Krueger°s zone change application fee be reimbursed. _ 5 f k 1 k .d vii { WASHINGTON COUNTY,OREGON: MEMORANDUM � 4_ TO: Members of the City Council Director of Planning & Development FROM: William A. Monahan, i DATE: March 21, 1984 ' 6 SUBJECT: Winterlake Re-zoning } E R = Attached is a March 19, 1984 letter from Russell Krueger regarding the re re-zoning of:his ,pive roperty which took place during the 1983 comphensand plan process. Mr= Krueger xs 'correct, he did go through the process receive approvals of the Winterlake project in 1980. Due to economic conditions,;he was unable to develop the ;project until this tithe staff preparing the zoning map for he City, - the planning staff was,prep g proper to the recommended that the higher density be shifted on the yp Apparently the north to provide for a smoother stepping p he owner concerning his change took place-with no conooration with t o abandon the phased approach approved - intent to develop the property in 1980- We have scheduled Mr. Krueger's zone change request for the April 3, 1984 ission. He has paid the required fee and is meeting of the Planning Commr, in effect, a waiver of the fee. Given the requesting a reimbursement o anted in 1980 and the staff recommended the fact that the approval was gr change first in November 1982, approved in May 1983, I feel that a posed se- ment is justified to avoid having Mr. Krueger pay twice for the proposed re-zoning. 12755 S W.ASH P.O.BOK 23397 TIGARD,OREGON 97223 PH:639-4171 March 19, 1984 Mr. Robert Jean Tigard City Manager 12755 8.W Ash Tigard, Oregon '97223 RE: WINTERLAKE-RE-ZONING Dear Bob: I have a serious problem and seek your 'assistance. As per enclosed exhibits, I received May 20, 1980, from the Tigard Planning Comm- ission plat approval:with conditions on Winterlake. On June 25, 1980, City Council '. endorsed Winterlake. a At that time I intended to begin phased development of Winterlake, but due to market conditions was prevented this endeavor. The same problem confronted me in 1981 and 1982. During the late fall of 1982, Century 21 Homes offered on 26 lots on a northerly por- tion of Winterlake and closed with me In December. Thereafter they re-named their b _' fr development Brittany Square. This initial purchase helped me ,temporarily' solve cash flora problems I had incurred. Last year, October, 1983, Century 21 Homes defaulted on their second phase purchase. i Recently I have been negotiating with West Johnson Construction regarding the 12 acre multi-family "pond site" for a joint venture. Last Wednesday I met with Keith Liden of Tigard Planning staff regarding this plan and learned of your new May 9, 1983, revised November, 1983, Tigard Comprehensive Plan Map. -family site had been re-zoned to R-7. I was shocked to learn the multi If I had known of this re-zoning prior to the new City plan I would have possibly been able to have lobbied to prevent what occurred. , After more than four continuous down market years I am ready to begin developing and just learn of this re-zone. I urgently seek your help in regaining the previous zoning for me through the Tigard CityCouncil. I am meeting with Keith Liden Monday, March 19, to hopefully be on the April 3, 1983, Planning Commission agenda for re-zoning to R-12. I would appreciate it if you could at the March 26, 1983, City Council hearing reim- imburse me for what will be my second zoning application fee on Winterlake. This I expect to be $1,635.00. imams Y look forward to your March 26th meeting and HELP' Very truly/ yours, Mussell A. Krueger 12225 S.W. 2nd . Beaverton, Oregon 97005 626-7515 RAK/jb a !0,NEES S CITY OF TIGARD, OREGON ORDINANCE NO. 80-.,5-4 AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR AN "AMENDMENT TO THE 1970 ZONING MAP.OF THE CITY OF TIGARD AND FIXING AN EFFECTIVE BATE. m (Winter Lake) - PLANNING DEPARTMIENT 'REFERENCE INFORMATION: Tax Map 1S1 33D, Tax Lot 300 AND Tax Map; 1S1 33DC, Tax Lots 100, 300, 400, and 500, 6. Project Address East of 135th 'Avenue-between"Scholls Ferry Road and Walnut Street, File Numbers .ZC 29-79a/ZC 29-79b, ZoningDesignation Washington County RS-1, Zone changed to City-'of Tigard R-5 "Single Family Residential" AND City of Tigard A-12 "Multifamily Residential", Applicant Russell Krueger/Winter Lake. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Finding that the lands hereinafter described are nova classified as Washington County RS-1, and further findings that pursuant to procedures, the abovestated application for a zoning map amendment was presented at a public hearing held by the Tigard 'Planning Commission on May 20,' 1980. All interested persons were afforded an opportunity to be heard at this public hearing and 'hereafter the Planning Commission filed its report with the City Recorder, E. copy hereto attached and by reference-made a part of. The Council 'adopts the following substantive findings: A. That this application is in conformance with the R-5 "Single Family Residential" AND A-12 "Multifamily Residential" designation _ on the NPO #7 Plan which is a portion of the adopted Tigard Comprehensive Plan, and B. That the proposed zoning is compatible with the surrounding neighborhood as determined by the Tigard Planning Commission. SECTION 2: Therefore, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal Code, this request for an amendment to the Zone Map of the City of Tigard is hereby approved subject to provisions of Chapter 18.20 of the Tigard Municipal Code as embodied in adopted Exhibits "A", "B", and "°C" attached and made a part of this ordinance. Exhibit "A": - Legal Description, Exhibit "B": - Tax Map, Exhibit "C": - Staff Report And further subject to the following conditions: 1. Phase II - ZC 29-79a (apartments) shall be brought before the Planning Commission at a later date. ORDINANCE NO. 80- ZC 29-79a/ZC 29-79b STATE OF OREGON) City of Tigard ) I, DORIS HARTIG, hereby certify that I am the duly appointed, qualified`, and acting Recorder of the City of Tigard, Oregon. I further certify that I have compared the herewith copy of ORDINANCE NO. 80-56 of the City of Tigard with the original in:my possession as custodian of the official records of the City of` _Tigard, and that the herewith copy is a correct transcript of the whole of ORDINANCE No. - 80--56. IN WITNESS WHEREOF I have hereunto set my hand and thesealof the City of Tigard this 26th day of June City Recorder t r• � 5 WASHINGTON COUNTY,OREGON June 25 1980 Mr. Russell Krueger 4320 S.W. 110th 'Avenue Beaverton,',Oregon 97005 ` REFERENCE: ZC 29-79a/ZC 29-79b Location: : East of 135th Avenue between Schoils Ferry Road and Walnut Street Dear Mr. Krueger: Enclosed is a copy of Ordinance No. 80-56 which was approved by the Tigard City, Council at their regular meeting of June 23, 1980. Your 'request was approved with the following conditions as ,set forth in the enclosed_ordinance. 1. Phase II - ZC 29-79a (apartments) shall be brought before the Planning Commission at a later date. 2. Phase I - ZC 29-79b (R-5) shall comply with the requirements of the - Tigard Municipal Code, Chapter 17, Land Partition Ordinance. 3. Actual construction on each single family or duplex (attached single family) lot shall be resolved relative to configuration, zero lot line, and setback requirements on the Preliminary Plat Plan. This Plan shall be cleared with the Building Department and Public Works Department prior to consideration of the Final Plat. It shall be clearly noted what is to be constructed on earh/every lot in Phase I to avoid differences at the construction stage. Also zero lot line on each/every lot would conflict with requirement for easements. 4. A Homeowner's Agreement, if one should be adopted, shall be reviewed by Staff and may be reviewed by the City Council. All Conditions, Covenants and Restrictions (CCR 1s) shall be submitted to the Staff for review and comment prior to" recording of the Final Plat. 5. Phase I shall be subject to Site Design Review by Staff prior to the issuance of Building Permits. 6. Necessary right-of-way dedication on 135th Avenue shall be made as directed by the Public Works Director. Half-street improvements to Collector Street Standards shall be made for the full length of front- age on Tax Lots 200, 300, and 400 on Map ISI 33DC. A Local Improvement District may be considered for this installation initiated by the developer and supervised by the City of Tigard. All construction in the public right-of--way shall be approved by the City prior to Commencement of work. 12420 S.W. MAIN P.O.BOX 23397 TIGARD,OREGON,97223 PH:634-4171 fA W � A I U) U Ln N .5a rel ed H U U03 fl aO trpH�+ Aes�F+ H � + �+� N N:.�►H1.�0 = U e- al= P4 ,.A�Hw 31 mr4 PA O � P r4 V4 W 0 4j CJ 41 ca `.. � \ jig 1? cn 0 14 �O w C%l Ca V U M � 0 p P4 W 1 P. t+ a 1 � O co 0 f5 * n W is tVC-4 cn W ca u 60 0 14U O 1 A. 0co C):pv �, U 14 Aca ca 94 . 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