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City Council Packet - 08/13/1984 TIGARD CITY,COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate ,o AUGUST 1EETIN 4, 7:30 P.M. sign-up sheet(s). If no sheet is available, FOWLER JUNIOR HIGH Cd ask to be recognized by the Chair at the start WALNUT of that agenda item. Visitor's agenda items 0865 SW W ' H w ;Tare asked to be kept to 2 minutes or less; longer I865 S OREGON 97223 matters can be set for a future Agenda .by con- tacting either the Mayor or CityAdministrator. 7:30 1. REGULAR MEETING:'r 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non-Agenda Items 7:35 2. VISITOR'S AGENDA (2 Minutes or Less, Please) 7:40 3. PRESENTATION OF KEYS TO THE CITY o Mayor Cook 0 7:45 4. TMC AMENDMENT' - PARKS/OLCC PERMITS - ORDINANCE NO. 84- w o City Administrator c 7:50 5, ALARM ORDINANCE REVIEW o Captain Jennings 8:00 6. 68TH SEWER LID ORDINANCE AMENDMENT - ORDINANCE NO. 84- o Director of Public Works . ,0 7. 1984-85 SUPPLEMENTAL BUDGET PUBLIC HEARING o Public Hearing Opened o Summation by City Administrator o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation of City Administrator o Public Hearing Closed o Council Consideration o Resolution No. 84-__ R:20 S. ZONE ORDINANCE AMENDMENT - ZOA 5-84 - PUBLIC HEARING City of Tigard - Request by the d for a Community Development Code amendment to modify the definition of "Wheel stop" in Section 38.106.050 L; to replace "Commission with "Approval Authority" in Section 18.164,030 C. - Creation of Access Easements; to modify Chapter 18.130 - Conditional to include requirements for Site Development Review (Ch. 18.120) to Use royal; eliminate the need for said review following Conditional Use app and to establish a minimum size for accessory structures that require review under Chapter 18.144. o Public Hearing Opened o Summation by Planning Staff onents, Cross Examination o Public Testimony: Proponents, Opp 0 Recommendation of Planning Staff o Public Hearing Closed ;; Council Consideration o Ordinance No. 84- COUNCIL AGENDA - AUGUST 13, 1984 - PAGE 1 _ x 8:30 9. 1IGARD WEST REVIEW FINDINGS o Receive Tentative Findings For Review r tinued to 8-20-84 o comments on Findings & Council Consideration -Con 8:35 10. ADULT FOSTER HOMES DISCUSSION -:0 Director of Planning &::Development 8:45 11. PORTLAND STATE COMPARATIVE AUDIT STUDY ® Councilor Edin be £:50 12. CONSENT AGENDA: These items are considered to be routine and may yone enacted in one motion withoutseparate rfor discussion andseparateaction. that an item be removed by Motion to: 1984 12.1` Approve Council Minutes – July 23 & 30, 12.2 Approve Planning Commission Appointment 12.3, Approve Legal Counsel Budget Priorities 12.4 Receive and File: TURA Annual Financial Report LCDC Acknowledgment Hearing Date 12.5 Approve & Authorize Signatures – 72nd Ave. Right–of-way - Circle AW 8.55 ' 13. NON-AGENDA ITEMS: From Council and Staff 9:00 14. ADJOURNMENT 1865A l 1984 PAGE 2 COUNCIL AGENDA - AUGUST 13. - T I G A R D C I T Y C O U N C: I L REGULAR MEETING MINUTES - AUGUST 13, 1984 -- 7:30 P.M. 1. ROLL CALL: Present: Mayor John Cook;, Councilors: Phil Edin and Kenneth Scheckla;; City Staff: Frank Currie, Director of Public Works (left at 8:05 P.M.); Doris"Hartig, Deputy City Recorder; Bob Jean, City Administrator; Bill Monahan, Director of Planning & Development; and Tim' Ramis, Legal Counsel. 2.` CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS a Councilor Scheckla`called attention to City policy of not ;opening Council mail and requested policy be followed. g 3. VISITOR'S AGENDA a. Jerry Mason,' 8040 SW Valley View Ct., Portland,` representing Westland Investment, requested fee on zone and comp ,plan change,be reduced from the estimated $1000. He stated the existing use had been down zoned and wanted to bring it back to original density. He suggested a fee of no more than $300. Planning Director responded and suggested the City charge $350 for zone change as the request does not involve much staff analysis. City Administrator recommended staff come back with recommendation. Consensus of Council to allow filing of application with :one-half of fee and staff to come back with recommendation next week so there would be no delay for Mr. Mason. b. Sandra J. McCroskey, 5020 S.W. Vesta, Portland, representing Pacific American Institute of San Francisco, introduced foreign student Hitoshi Veoka who read a letter from Mayor of his city. 4. PRESENTATION OF KEYS TO THE CITY a. Mayor Cook presented Keys to the City to members of the Tigard Urban Renewal Agency Committee present. He noted something was accomplished by the Committee as the City has a plan for the basis for future development of the downtown. Committee members who were not present will receive their certificates in the mail. 5. ALARM ORDINANCE REVIEW a. Captain Jennings recapped memo in Council packet noting the system is working and recommended no changes at this time. However, the department recommended that effective July 1, 1985, the police department no longer have alarm systems wired directly to the police station, but instead into a central monitoring station. Mayor Cook requested this item be set for future Council discussion. This would give adequate time for citizens to make other arrangements. Mayor Cook suggested the change be implemented to coincide with the move into the new Civic Center. Council concurred. Page 1 - COUNCIL MINUTES - AUGUST 13, 1984 03 r; 6. ORDINANCE NO. 84-48 AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE 7.52.100 PARKS--INTOXICATING LIQUOR PROHIBITED AND DECLARING AN EMERGENCY. . i a, 'Motion by Councilor Scheckla, seconded by Councilor Edin to adopt. Approved by unanimous vote of Council present. 7. 68TH SEWER LID n r Public Works summarized memo noting the ordinance does a. Director of not increase any property owner's assessment. b. ORDINANCE N0. 84-49 AN ORDINANCE AMENDING, ORDINANCE NO. 84-43 SPREADING THE ASSESSMENTS FOR 68TH SANITARYLi SEWER LID #42. C. Motion by ..Councilor Edin, seconded by Council Scheckla to adept. .Approved by unanimousvote of Council present. DIRECTOR OF PUBLIC WORKS LEFT AT 8:05 P.M. 8. 1984-85 SUPPLEMENTAL BUDGET . a. Public Hearing Opened o City Administrator explained the changes in the expenditures and i revenues. b. Public Testimony o No one appeared to speak. C. Public Hearing Closed d, RESOLUTION NO. 84-55 A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1984-85 AND MAKING APPROPRIATIONS. e. Motion by Councilor Scheckla, seconded by Councilor Edin to approve. Approved by unanimous vote of Council present. g ZONING ORDINANCE AMENDMENT ZOA 5-84 a. Public Hearing Opened o Director of Planning and Development explained memo noting many of these were cleanup items. He highlighted items 18.130.100 grading plan; 18.144.020 accessory buildings; and 18.106.050 K wheel stops in commercial lots. Page 2 - COUNCIL MINUTES - AUGUST 13, 1984 { 4 b. Public Testimony f o No one appeared to speak. z C. Public Hearing Closed d. ORDINANCE N0> 84-50 AN ORDINANCE AMENDING CHAPTER 18.164 STREET AND UTILITY STANDARDS, CHAPTER 18.130 , ?CONDITIONAL USE, CHAPTER 18.120 SITE i DEVELOPMENT REVIEW, CHAPTER 18.144 ACCESSORY: USES AND STRUCTURES AND CHAPTER ;18.106 OFF-STREET PARKING AND LOADING 'REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE AND DECLARING AN EMERGENCY'(ZOA 5-84) : e. Motion by Councilor Edin, seconded by Councilor Scheckla to adopt. Approved by unanimous vote of Council present. 10. TIGARD WEST REVIEW FINDINGS a. Mayor Cook commented Legal Counsel recommended item be continued to: give both parties an opportunity to study the findings. b. Motion by Councilor Scheckla, seconded by Councilor Edin to continue to August 20, 1984. { Approved by unanimous vote of Council present. 11. ADULT FOSTER HOME DISCUSSION a. Director of Planning and Development commented on Washington County Committee report regarding the foster home issues. The report dealt with setting up community standards of how the homes should be operated but did not deal with the land use issues. Discussion by Council followed. Mayor Cook suggested Planning Director contact the 2 absent Council members and then draft a letter containing Council's comments to go to Washington County. b. Council discussed Senator Joyce Cohen's letter regarding residential care and how it is handled in the City. Planning Director did not concur with Senator Cohen's opinion and will contact her and express City's feelings. C. Council requested this item be set for future study session. 12. PORTLAND STATE COMPARATIVE AUDIT STUDY a. Councilor Edin recapped his memo noting the first step is to update the comparative report to other comparable services in the area. b. Motion by Councilor Edin, seconded by Councilor Scheckla to enter into a $2000 agreement with Portland State. Approved by unanimous vote of Council present. page.3 - 'COUNCIL MINUTES - .AUGUST l3, 1984 49 13, CONSENT AGENDA: These items are considered to be routine and may be 5 enacted in one motion without separate discussion. Anyone may request that an Stem be removed by motion for discussion and separate action. Motion to: 13.1 Approve Council Minutes - July 23 h 30, 1984 13.2 Approve Planning Commission Appointment RESOLUTION NO. 84-56 Appointing Nancy W. Campbell - term expires 7/1/86 13.3 Approve Legal Counsel Budget Priorities 13.4 Receive and file: TURA Annual Financial Report LCDC Acknowledgment Hearing Date 13.5 Approve and authorize signatures - 72nd Ave. Right-of-Way-Circle Ali r� a. Motion by Councilor Edin, seconded by ;Councilor Scheckla to include Resolution No. 84-56 and adopt the consent agenda. Approved by unanimous vote of Council present. 14. NON-AGENDA ITEMS a. Councilor Scheckla requested City acknowledge Ron Dreeszen who passed ,away 8/10/84. City Administrator to draft a letter expressing appreciation for his, community service. b. City Administrator `reminded Council of Budget Committee `meeting Thursday, 7:00 P.M., August 16, 1984 and requested Council comments on the "All Around Town" newsletter. 15. MEETING ADJOURNED AT 8:40 P.M. Deputy City Recorder - City f Tigard ATTEST: o - City of Tigard (DH:pm/1895A) Page 4 - COUNCIL MINUTES AUGUST 13, 1984 TIMES PUBLISHING COMPANY Legal 7_6o8o P.O.BOX 370 PHONEBEAVERTON,OREGON 97075 503)684 0360 EIVE D _ Legal Notice Advertising e `-CITY OF TIGARD ® ❑ Tearsheet Notice CITY OF JIC;4RD P .O. BOX 23397' ® 0 Duplicate Affidavit ® TIGARD, OR 97223 s� AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss 1 Susan Pinkley being first duly sworn, depose and sa that 1 ap�e Advertising Director, or his principal clerk,of the 1ligar Imes anewspaper of general circulation �,fT2Ld in ORS .193,010 and 193.020;puhlished at in the aforesaid county;and state;that the City Counc ' R m„i ar MPPt'j ng 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: —Aug. 9 1984 Subscribed an orn to before me t is_ u 8, 198 Notary Public for Oregon 9iy Commission Expo e 3-16-87 AFFIDAVIT f c r3 F �8# '1 ,. e„ TIAs-following els cted.agenda iters are publi�d io* your,information. dui ratrtgorrrAatj a�Pull a9i ndas FnB be obtained'frd the City Iteeorder, 12755,W Ala Avenue;`i'igud;O-'090'n 97223,or by Ceiling 539=4171 ALidUST 13.1254-7:30 P M�',, 6Wtl '�U1+114) TT1 SC1�003r1.i CTf3R R0014h 4y}A[y p:Iblly6a� l�tA N}I�1}x�Sy �sl°, Egg7,"ip'j6ARDy 0REG0 V �IDP"4D�'D,$u3��A�GIi°+f�ta��SM$`6 S'NMFLb L3�'.�fl°y7 " t#^i`If ��r 7 2339;Pfteeeln� DATE August 13, 1984 I wish to testify before the Tigard City Council on the following item: (Please print the information) 1. Item Description: ° 8 - ZONE ORDINANCE AMENDMENT>ZOA 5-84 public hearing Proponent (For Issue) " Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation:" d;4 DATE August 13, 1984 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: ## 7 1984-85 STJPPI.EMENTAL RtlDr,k.T PITB7•I('. RFA RING Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation h, w.- y h n 2. — VISITOR'S AGENDA DATE August 13, 1984 AGENDA ITEM # (Limited to'2 minutes or less, please) x' G, Please sign on the appropriate sheet for listed agenda items. The Council . wishes> to hear from you on other issues not 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 a li(oSw r J' r /7 �; SIZi Of-a'CA- 3 ----------------------- A ;. k g ' IL f_ CITY OF TIGARD. OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 13', 1984 AGENDA ITEM #: DATE ;SUBMITTED: August 8 1984 PREVIOUS ACTION: N/A i ISSUE/AGENDA TITLE: Keys to the City PREPARED BY: Donna Corbet REQUESTED BY: Council DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY The 'following former Tigard Urban Renewal Agencycommittee members are being recognized for service to the City by issuing "Keys to the City". (Please see attached list.") ALTERNATIVES CONSIDERED SUGGESTED ACTION N/A `' (dc:0546p) r , Robert Nunn J. Allan Paterson Larry Barnum 1200 Standard Plaza € 11605 S.W. Manzanita 14405 S.W. HazelhiZZ Drive Portland, OR 97204 Tigard, OR 97223 Tigard, OR 57223 t >; Craig Helmer Deane Leverett David Dresser g 8865 S.W. Scheckla Drive 12695 S.W. 111th Place H & A Construction 9115 S.W. Burnham Tigard, OR 57223 Tigard, OR 97223 Tigard, OR 57223 Dick Kadel JoAnn Corliss 11565 S.W. Walnut Street 15010 S.W. 92nd Tigard, OR 97223 Tigard, OR 57223 d Cheryl Kuhn" Pat Furrer-Attorney 11860 S.W. 91st 9185 S.W. Burnham Tigard, OR 57223 Tigard, OR 57223 Phil Hirl 10920 S.W. Mira Court Bill McMonagle Tigard; OR "97223: 8505 S.W. Commercial' Tigard, OR 57223 Myn Utz Lou Krupnick 1(48o S.W. 133rd 705 S.W. 10th Tigard, OR 97223 - Lake Oswego, OR 97034 Roger Brown Joy Hirl 9605 S.W. Hillview Court 10920 S.W. Mira Court Tigard, OR 97223 Tigard, OR 97223 Pete Taylor Ima Scott % 1.3137 S.W. Pacific Highway 14873 S.W. 106th Avenue Tigard, OR 57223 Tigard, OR 97223 Eldon Johnson Vince Matarrese 8 TRFD 10060 S.W. Garrett P.O. Box 127 Tigard, OR 97223 Tualatin, OR 97062 d James L. Henderson Ralph Appleman 12A 5,9 S.W. 107th Court 12555 S.W. Hall Blvd Ti 1, OR 97223 Tigard, OR 57223 i Carol Jones Jack Schwab 1.5720 S.W. OakHill Lane 5250 S.W. Tigard Avenue Tigard, OR 97223 Tigard, `OR 97223 BERM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM.SUMMARY AGENDA OF: August 13, 1984 AGENDA.ITEM #6: . DATE SUBMITTED: August 9, '1984 PREVIOUS ACTION: Council request for ISSUEJAGENDA TITLE: TMC AMENDMENT code change PARKS/OLCC PERMITS REQUESTED BY: Council DEPARTMENT HEAD OK: ,� _ CITY ADMINISTRATOR: INFORMATION SUMMARY The Tigard City Council recently requested staff prepare an ordinance to amend' the code provisions for OLCC special use permit process. This will allow the City Administrator to approve the permit for special events in the City parks upon recommendation from the Chief of Police. These permits will 'still require OLCC approvalafterthe City's endorsement. ALTERNATIVES CONSIDERED 1. Approve proposed revision allowing City Administrator to approve special event OLCC applications; or 2. Leave code as it currently appears - Council action needed to approve special event OLCC applications. SUGGESTED ACTION Staff recommends approval of alternative #1 - adopt ordinance. 1w/1872A � leasma k nm iv'SS�,an CITY OF TIGARD' F41( MEMORANDUM TO: City Council and City Administrator July 10, 1984 FROM: Chief of Police SUBJECT. Alarm Ordinance Recap for FY 83/84 During Fiscal Year 83/84 there was an increase of 36% in permitted alarm systems (202. to 275). With this increase in systems being installed, it was predictable there would be an overall increase in false alarms. However, there was a 25% decrease in the number of false alarms per number of: systems permitted (595 to 567). This means each system was averaging 2.5 false alarms, and is now down to 2.0 per system per year. The revenue generated by the alarm ordinance for FY 83/84 was $6,670. This covered the administrative costs in both the police and finance departments. Itis this department's opinion that the ordinance is accomplishing the desired effect in the overall reduction of false alarms the police respond to, which translates into allowing more time in other areas of public safety in the community. It has been found that the national trend is for police agencies to be withdrawing from alarm system monitoring, because of the ever-increasing number of systems being installed and the space needed for the equipment. The department would recommend to Council that effective July 1, 1985 -- - ---the -police department no-longer have alarm-systems wired-directly--into the police station, but instead into central monitoring stations available through the alarm system vendors. Respectfully, R.B. ADAMS CHIEF OF- ^OLICE By: Ca„ Kelley D. Jennin , 0 ratiovs' Commander RBA:KDJ:ac { l E h 1 CITY OF TIGARD,`OREGON COUNCIL AGENDA ITEM SUW4ARY AGENDA ITEM 41: e:' " AGENDA OF: August 13, 1984 E Jul 31, 1984 PREVIOUS ACTION: Passage of Ordinance DATE SUBMITTED: r z ISSUE/AGENDA TITLE: ORDINANCE AMENDING ORDINANCE NO. 84-43 REQUESTED BY: J. Widner t g J. Widner CITY ADMINISTRATOR DEPARTMENT HEAD OX: INFORMATION SUMMARY for LID 4142, 68th Sanitary Sewer, it s when the assessment roll was prepared included several properties that do not benefit from the improvement. of assessments to exclude these properties, In order to correct the spreadingan ordinance and to keep on our time for the sale of the Bancroft Bonds, to amend the spreading of assessments needs to be p ew and approval. Attached is an amending ordinance for your revi ' ALTERNATIVES CONSIDERED f properties to pay the assessment. 1. Do nothing and require non-benefited pro p , on-benefited properties ro erties. t 2. Amend the assessment ordinance excluding n � _ - �- SUGGESTED ACTION I recommend the passage of this amending ordinance. (0S20F) LEE I'M 1 CITYOF:TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: AUGUST 13, 1984 AGENDA ITEM #: • DATE SUBMITTED: July 26. 1984 PREVIOUS ACTION: Recommended by Budget' ISSUE/AGENDA TITLE: SUPPLEMENTAL Committee July 25, 1984 BUDGET RESOLUTION FY1984-85 PREPARED BY: J. Widner REQUESTED BY: n/a DEPARTMENT HEAD OK: JLW —, CITY ADMINISTRATOR INFORMATION SUMMARY The Budget Committee met July 25, 1984 to 'discuss the appropriation of funds -85 budget was adopted June 25, 1984, not anticipated when the 1984 With the passage of the WCCLS tax levy on 'June 26, 1984, the library will be receiving 182,277 in funds. These funds along with the LCDC grant of '$7,662 need to be recognized and appropriated. ALTERNATIVES CONSIDERED The budget committee meeting of July 25, 1984 discussed the alternatives considered. There recommendation is to act on the attached resolution. SUGGESTED ACTION Pass the attached resolution. I g: A CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 13,_ 1984 AGENDA ITEM #: - DATE SUBMITTED: August 6, 1984 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: ZOA 5-84 Q Zane Ordinance Amendment REQUESTED BY: Planning Commission DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY At their July 24, 1984 Special Meeting, ±the Planning Commission voted by majority ,with ,one abstaining, to recommend to City Council that the zone ordinance amendments' recommended by staff be forwarded to ,City ; Council for approval. A copy of the Planning ,Commission ;minutes are attached. The Planning Commission made one modification ; to staff's recommendation. ; That change: is reflected in the minutes. The Planning staff's memo outlining the proposed changes is attached. Should the City Council upholdthe Planning (� Commission's recommendation in this matter, an ordinance is attached which supports that action for your consideration. ALTERNATIVES CONSIDERED 1. Adopt " the attached ordinance supporting the Planning Commission recommendation. 2. Modify the ordinance and adopt. 3. Reverse the Planning Commission and direct staff to prepare a new ordinance, SUGGESTED ACTION Adopt the attached ordinance. / (EAN:pm/0568P) . ..epi wasaMcs� ., ns.�.®........®.,e.•------- ____ �._ .. o Discussion followed on who was responsible for the Burdon of proof. d' COMMISSION DISCUSSION AND ACTION o Commissioners Owens, Butler, and Peterson supported the findings and had no changes. o President Moen made corrections to the wording of the final order. o President Moen moved and Commissioner Peterson seconded to accept the final order as corrected. "Motion carried 4 - 0. Commissioners Fyre and Bergmann abstaining. 5.3 Zone Ordinance Amendment ZOA 5-84 CHANGES TO THE COMMUNITY DEVELOPMENT CODE'. Associate Planner Liden reviewed changes proposed by ,staff. Discussion followed regarding changes on Page 111-.310 c, III=245, III-246, and III-185. Staff requested adding to the change on page III-224 that the conditional use permit must be a "valid" conditional use permit. Commissioner Vanderwood arrived. PUBLIC TESTIMONY o No one appeared 'to speak. COMMISSION DISCUSSION AND ACTION o Commissioner Owens moved and Commissioner Peterson seconded to forward to City Council with a recommendation of approval. Motion carried by a majority of Commissioners present. Commissioner Vauderwood abstaining. 6. OTHER BUSINESS o Discussion of final order for Tigard West. o Commissioner Fyre was selected as second Vice-President in case President Moen and Vice President Owens were unable to attend a meeting. 7. Adjournment Commission continued with a workshop. Diane M. .Jelderks, Secretary ATTEST; A. Donald Moen, President �. 0555P PLANNING COMMISSION MINUTES .July 24, 1984 Page 4 TIGARD PLANNING.COMMISSION t SPECIAL MEETING - JULY 24, 1984 1. President Moen-called the meeting to "order_ at 7:35 PM. The meeting was held at Tigard City Hall - -Conference Room 12755 SW Ash, ', Tigard, Oregon. 2. ROLL CALL: PRESENT: President Moen; Commissioners Fyre, Owens, Peterson, Butler, Bergmann and Vanderwood ABSENT: Commissioner Leverett. STA4: Director of 'Planning & Development William A. Monahan; Associate Planners 'Keith S. Liden and Elizabeth A. Newton; Secretary Diane M. Jelderks'. 3. APPROVAL OF MINUTES FROM JULY 10 1984. o Commissioner Fyre moved and Commissioner Peterson seconded to approve the minutes as submitted. 4. COMMISSION COMMUNICATION -'None SUBDIVISION S 8-84 and VARIANCE V 11-84 SANDLEWOOD PARK NPO # 2 Request to subdivide a 1.66 arca parcel into 13 lots, 5000 sq. ft. in size in a R-12 zone (Residential, 12 units/acre) and a subdivision variance to reduce flag lot side yards from 25 ft. to 15 ft. Commissioner Bergmann arrived at 7:45 P.M. Associate Planner Liden made the staff recommendation for approval with 15 conditions. He also read a letter into the record from NPO # 2. NFO COMMENTS - Mark Padgett, Chairman for NPO # 2 supported the single family subdivision, however, he was concerned about traffic on 95th and North Dakota. APPLICANT'S PRESENTATION - Ryan O'Brien, 1134 SE 23rd Ave., Hillsboro, supported staff's recommendation and conditions, except for condition number four where he would like to add, "tapering into the existing pavement". PUBLIC TESTIMONY o No one appeared to speak. CROSS EXAMINATION AND REBUTTAL o Discussion occurred on a four way stop at SW 95th and North Dakota, t surrounding zoning, the private street, widing the street at Lots 2100 and 2200, sewer service, fire district service, sidewalks, setback variances and underground utilities. PLANNING COMMISSION MINUTES July 24, 1984 Page 1 r Agenda Item , 3 File: ZOA 5-84 Planning Commission Mtg. July lo, 1984 MEMORANDUM CITY OF TIGARD, OREGON July b, 1984 TO: Planning Commission FROM: Planning Staff SUBJECT: Changes to the Community Development: Code so administering the Community Development code it has become apparent that some -sections are in ' need of revision and clarification. The changes recommended are as follows: Page Number Section Number Change 111-310 18.164.03 c. On first line change "Commission" to ... "Approval Authority"- c Change last line to ..."method by which 111-310 18.164.030 c, g a lot large enough to be divided can develop". III-245 18.130.090 . add 8. The location of mailboxes - - - -- -- 9. The loca--- tLon of-a-11—structures and their orientation. 10. The location and type of outdoor lighting considering crime prevention techniques. 111-245 18.130.100 Replace the existing language in Section 18.130.100 with the following: "Grading Plan A. The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1. Requirements in Sections 18.130.080 and 18. 130.090 of this Chapter. rT 2. The location and extent to which KI grading will take place indicating general contour fines, slope ratiosand slope stabilization proposals. 3. A statement from a registered engineer supported by factual data substantiating: a. The validity of s' the ' slope; stabilization proposals; and b. That all problems will be mitigated and how they will be mitigated." II1-246 18.130.120 Add "4. Location of underground sprinkler heads where applicable. B. —Me landscape plan shall include a' narrative '' which addresses: e-" 1. Soil conditions; and 2. Erosion control measure that will be used." III-224 18.120.020 Add 114. Any proposed development which has been approveduse through .the Conditional use Permit application process." � III-278 18.144.020 12th line insert - "Accessory building which are less than 120 square feet in area and do not exceed 10 feet at their highest point are excluded from the requirements of this chapter." III-185 18.106.050 k. Add "The front three feet of the parking stall may be concrete, asphalt, or low lying landscape material that does not exceed the height of the wheel stop. This area can not be calculated to meet landscaping or sidewalk requirements." 0509P dmj w ,$ 7110 �f N i 1111, 11111 CITY of TIGARD, :OREGOI COUNCIL AGENDA ITEM SUMMARY �} AGENDA OF: August 13, 1984 AGENDA ITEM #: € �, DATE SUBMITTED: August 7, 1984 PREVIOUS ACTION: ISSUE/AGENDA TITLE: < Adult Foster Home Discussion REQUESTED BY: Washington County DEPARTMENT HEAD OK: Min CITY ADMINISTRATOR: INFORMATION SUMMARY Washington County has requested that the Council provideinput concerning their report on Adult Foster Howes. A copy;is attached for your review. ` ALTERNATIVES CONSIDERED 1. Provide comments and recommendations concernig the Final Report. SUGGESTED ACTION Review and comment an the Task Force Report ( 0569P ._ ' dmj MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council August 7, 1984 FROM: William A. Monahan, Director of Planning and Development SUBJECT: ; Washington County Final Report of the Task Force on'Adult-Foster Homes Earlier this year, the Council chose to postpone discussion of the City's ability to control the operation of residential homes housing up to five handicapped individuals within residential zones until the County evaluated the situation. Washington County created a task force which has made is final report recommending that the County establish a license fee. ` Please note that the Committee report deals with the level of care to be provided to the clients of a facility as well as the qualification of the providers. It does not deal with the issue of where such facilities may be located, nor does it dictate how many units may be allowed in a neighborhood. The report makes findings which the County would like to receive comments and recommendations on. I would appreciate hearing your concerns at the August 15 meeting so that I may then submit them to the County. To date, the County has not set a date for consideration of an ordinance dealing with this issue. (br:0569P) R 1 15 mmm WI-19 k C,1 y a,� WASHINGTON COUNTY ECEIVED go4�s - JUPJ ADMINISTRATION BUILDING—150 N. FIRST AVENUE 2`. 1984 / HILLSBORO, OREGON 47123 , CITY OF TIGARD BOARD OF COMMISSIONERS COUNTY ADMINISTRATOR WES MYLLENBECK,Chairman `rROOM 418 '.BONNIE.L. HAYS,Vice Chairman '150316485676 'EVA M.'KILLPACK JOHN E. MEEK LUCILLE.WARREN.- June 21, 1984 TO: All Washington Co u y ies FROM: Donald D. Stilwel ounty Administrator SUBJECT: - FINAL REPORT OF THE TASK FORCE ON ADULT FOSTER HOMES The attached "Final Report of the Task Force on Adult Foster Homes" has been submitted to the Board of Commissioners.; The Task,Force recommends that the County establish a license fee and, by ordinance, provide for some form of 'control and supervision of adult foster homes within the county. Prior to drafting an ordinance for consideration by the Board of Commissioners, the Board has asked that the report be submitted to each of the cities for your comments and recommendations. I-would appreciate your timely response so that we can proceed with drafting of a proposed ordinance. 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'•�' h .� �:^r a.ra $ `r^ 3��,P� %� t`-: � € az .x.`. p Wr t�Y¢rt. ,� y ��4 •a _ �' � �.. t. r'r '��y� -af� .��`� r� ai 2 ��x,w&..c»`S� � '�c�'�i ��` z ,�,r -,`�'"�s'•`��y� ,{f��..'S � - -_iw ��,� -t'�` �x a & kjf WKi'SS�,'to • a�1 r� �� - �si��-?;- .:fin 'a=.;ae� - � YN �'�?r�3��.€�p`„>„r. � `3x� ��, ,�,x. � - ta•t`p„��.��Fx�»- g��t��'� �'�� {t� �> - ��* �rl �,�'�& �"ta• �Ya�"4� �._ '� 5� �f*�,�� s*.., �y� '."� "� �ffi ray �, TO WASHINGTON COUNTY COMMISSIONER MR. WES MYLENBECK: SUBJECT: REPORT OF THE TASK FORCE ON ADULT FOSTER HOMES FOLLOWING THE CHARGE GIVEN THE TASK FORCE ON'APRIL' 11th, 1984 to: "INVESTIGATE AND PRESENT TO THE BOARD FINDINGS AND RECOMMENDATIONS REGARDING WHETHER THERE ARE NOW, OR WILL BE IN THE FUTURE, PROBLEMS ASSOCIATED WITH RESIDENTIAL HOMES FOR THE HANDICAPPED (AND THE ELDERLY); WHAT THOSE .PROBLEMS ARE AND THE ALTERNATIVES FOR ADDRESSING THOSE PROBLEMS", WE MAKE THE FOLLOWING REPORT. FIRST, THE MAJORITY OF THE TASK FORCE DID NOT SEE OUR RESPONSIBILITY TO INVESTIGATE, REAL OR ALLEGED ABUSES, OR TO CONDEMN OR EXONERATE PARTICULAR ADULT FOSTER HOMES, OR ADULT FOSTER HOMES IN GENERAL. RATHER, WE SAW OUR RESPONSIBILITY TO LOOK AT THE BASIC ISSUE OF WHETHER THE COUNTY SHOULD OR ShIDULD NOT SEEK TO CONTROL AND SUPERVISE ADULT FOSTER HOMES THAT ARE NOW LOCATED IN, OR TO BE LOCATED IN WASHINGTON COUNTY. AFTER A SERIES OF WEEKLY MEETINGS AT WHICH WE CONSTANTLY HAD A MAJORITY OF THE TASK FORCE PRESENT, WE HAVE ARRIVED AT THE CONCLUSION, BY MAJORITY VOTE, THAT AS THERE ARE A NUMBER OF ADULT FOSTER HOMES IN THE COUNTY, AND THAT THERE WILL BE AN INCREASE IN THE NUMBER. LOCATED WITHIN THE COUNTY JURISDICTION, AND WHEREAS THE FEDERAL AND STATE GOVERNMENTAL AGENCIES ARE SEEKING TO DE-INSTITU- TIONALIZE THOSE NOW IN INSTITUTIONS WHO COULD BETTER BE CARED FOR IN THE LOCAL COMMUNITIES, AND WHEREAS UNDER PRESENT CONDITIONS ONLY A SELECT FEW ADULT FOSTER HOMES ARE UNDER,STATE REGULATIONS, AND AS THERE ARE NOW AND WILL i REPORT OF THE TASK FORCE page 2 CONTINUE TO BE SERIOUS ISSUES AND CONCERNS RAISED REGARDING THE LOCATION AND SUPERVISION OF ADULT FOSTER HOMES, IT IS OUR JUDGEMENT THAT. THE COUNTY LICENSE AND SET STANDARDS FOR ALL ADULT FOSTER HOMES NOW IN WASHINGTON COUNTY, AND TO BE LOCATED IN THE COUNTY IN THE FUTURE, BY ESTABLISHING A LICENSING PROVISION, BY ADOPTING A CODE OF REGULATIONS, AND BY SEMI-ANNUAL INSPECTIONS OF ALL 'ADULT_FOSTER HOMES LOCATED WITHIN THE COUNTY. TOWARD THIS END WE RECOMMEND THAT THE COUNTY ESTABLISH A'LICENSE FEE AND PREPARE AN ORDINANCE TO ACCOMPLISHTHIS PURPOSE, HOLDING THAT IT IS INCUMBENT UPON THE COUNTY TO PLAN FOR THE FUTURE CONTROL AND SUPERVISION OF ADULT FOSTER HOMES IN THIS COUNTY, AND THAT THE BASIC PURPOSE OF SUCH CONTROL AND SUPERVISION IS TO ASSURE THE SAFETY, THE HEALTH AND THE CARING OF THOSE WHO WILL BE LIVING d� IN THESE HOMES, WE URGE THE CONSIDERATION OF THE FOLLOWING AS ESSENTIAL TO ANY ORDINANCE OR CODE OF REGULATIONS TO BE ADOPTED BY THE COUNTY REGARDING THE LICENSING AND SUPERVISION AND INSPECTION OF ADULT FOSTER HOMES IN WASHINGTON COUNTY. THESE SUGGESTED REGULATIONS ARE TAKEN FROM EXISITING RULES AND REGULATIONS FOR ADULT FOSTER HOMES AND RESIDENTIAL CARE HOMES IN THE STATE OF OREGON. WE HOLD THAT THE EXISITING REGULATIONS FOR ADULT FOSTER HOMES DO NOT PROVIDE ADEQUATE PROTECTIONS FOR THE INHABITANTS OF SUCH HOMES, NEITHER DOES IT PROVIDE ADEQUATE GUIDELINES FOR THE ADMINISTRATORS OF SUCH HOMES. (SEE ATTACHED) x IF THE CONCLUSIONS OF THE TASK FORCE ARE ACCEPTED AND THE COUNTY COMMISSIONERS MOVE TOWARD THE ESTABLISHMENT OF SOME ADEQUATE CONTROL AND SUPERVISION OF ADULT _ ,= FOSTER HOMES WITHIN THE COUNTY, IT MIGHT BE, IN AN EFFORT TO CLARIFY THE CURRENT 0. r P REPORT OF THE TASK FORCE s Page 3 r f -s SITUATION, TO ESTABLISH A COMMITTEE TO INVESTIGATE AND TO EITHER ESTABLISH i THE .INCIDENTS OF, OR THE ABSENCE OF, ABUSE AND NEGLECT, OF CLIENTS IN THOSE { ADULT FOSTER HOMES THAT NOW EXIST WITHIN THE COUNTY. TASK FORCE MEMBERS: x Walter McGettigan, Chairman €¢ K John Dalby Caroline Eadon Mary Alice Ford Lee Gensman : Shirley Huffman Kay Kirkbride 9 . . WMcG:bb i 6/12/8G a - MOM License Required �- ADULf & FOSTER CARE HOMES ti Definitions Relating to',Adult & Foster Care Homes Abuse - Physical punishment; sexual exploitation; threats; coercion or humiliation directed toward a resident; attempts to manipulate behavior and attitude to prolong dependency; withholding of resident's regular meal, personal property, medication or aid to physical functioning. Protection - means the necessary actions taken by the provider to prevent abuse or exploitation of the residents from others, prevention of self-destructive acts and safeguarding of resident's personal' property and funds. See Resident's Rights page 2 _ Adult & Foster Care Home - A home operated in a family-type setting for five or'-less-mentally or physically handicapped or aged persons or a combination thereof, or others who are in need of housing, food, care, and/or services, 18 years of age or older. These homes shall be limited in capacity to a total of five physically and/or mentally handicapped or aged persons, unrelated to the provider, unless local ordinances restrict the 'number, to less than five. No Adult & Foster Care Home shall admit or retain any individuals who require continuous nursing care.i Aged - A person in need of services or care due to advancing age and/or infirmity, Mentally Handicapped - Having a disability resulting from a mental or emotional disturbance, mental retardation or other developmental disability. Neglect - To disregard or fail to perform care and/or services including supervision, which results in a threat to the client's health, safety, or emotional well-being. Applicant - means the person applying for the license who is also the owner of the business. Application - Application for a license accompanied by the required fee shall be made to the Licensing Authority upon forms provided by the Licensing Authority and shall include: 1. Full and complete information as tc the identity of: a. Each person having, directly, an ownership interest of 10 percent or more in such adult residential care home; and b. Additionally, in case an adult and foster care home is organized as a corporation, each officer and director of the corporation; and c. Additionally, in case an adult &foster care-home' is organized as a partnership, of each partner. Suggested Regulations for Adult & Foster Care Homes page 2 d. In the case of a governmentally owned facility, the governing body. 2. Name of the administrator of the home; 3. Location (address) of the home and mailing address; 4. Type of home (care, training, treatment, or any combination of these). Personal Care - Provision of, or assistance with, such tasks as grooming, bathing, eating, etc., by the provider. Physically Handicapped - Having a disability resulting from an accident, injury, illness, or other physically disabling condition. Licensee - The person to whom a license has been issued and who is responsible for providing housing, food, personalcareand/or services in the daily operation of the adult foster care home. Resident - Any person receiving housing, ,food, `care and/or services in an adult and <foster carehome.` Provider - means the person designated by the licensee as his/her agent for the daily operation and maintenance of the home. `~ Each home. shall have a provider who shall have the following qualifications: 1. Special training, experience or knowledge or the requirements for providing care, appropriate to the residents served in the home; 2. Demonstrated ability to maintain resident, personnel and home records in accordance with these rules; 3. Good moral character, including honesty, fairness, respect for the rights of others, and respect for local, State, and Federal Laws. Rights - Civil, legal, and human rights afforded to all U.S. Citizens, such as voting, opening mail, confidentiality. Resident Rights 1. Each resident shall be assured the same civil and human rights accorded to other citizens. 2. The home shall develop in writing, implement, and fully inform each resident of policies and procedures which protect residents' rights, including:' a. Adequate food, housing, clothing, medical and health care and personal services; b. Visits to and from family members, friends, advocates, legal and medical professionals; 1 SuggestedRegulations''for Adult & Foster Care Homes page 3 4 c. Confidential communications; . d. Personal property; e. Privacy; a f. Freedom from involuntary training,; treatment, participation in activities, and chemical or mechanical restraints; g. 'Religious practices as personally preferred; h. " Voting; i. ' Expression of sexuality, marriage, and the bearing of children; J. Access to community resources, including recreation, agency services, employment and day programs, where appropriate; k. Equal pay for equal work; and 1. The right of continuity of residency under normal conditions. 3.` The home shall develop in writing, implement and 'fully inform residents of a policy and procedure regarding the management of - behavior'problems which: - a. Prohibits physical punishment; b. Prohibits seclusion in a locked room; C. Prohibits ridicule, coercion, threats or humiliating remarks;' d. Prohibits the withholding of shelter, regular meals, clothing or aids to physical functioning; e. Prohibits use of chemical or mechanical restraints except as ordered by a physician; f. Prohibits the disciplining of one resident by another; and g. Provides for emphasis on increasing the desired appropriate behavior through accepted reinforcement techniques. 4. The Adult & Foster Care Home shall develop, implement, and fully inform residents of a policy and procedure regarding resident complaints and grievances which provides for: a. Receipt of complaints and grievances from residents or persons acting on their behalf; b. immediate investigation of the facts supporting or disproving t. the complaint or grievance; c. Taking necessary action on substantiated complaints or grievances within seventy-two hours following the receipt; and Suggested Regulations f or Adult 6 Foster Care Homes page 4 d. Documentation in the home's record of the receipt, investi- gation, and any action taken regarding the complaint or grievance. Services - Direct supervision and/or assistance which help and encourage the residents in developing appropriate skills to increase their level of functioning or maintain their level of functioning. 1. Personal Services a. Residents shall be allowed and encouraged to independently provide their own personal hygiene needs. Residents who do not adequately provide for these needs shall have assistance with, or provision of, these services by direct care staff. b. Residents must be encouraged to independently feed themselves. Residents will eat lin dining 'room except in individually approved circumstances. c. Residents should be encouraged to independently provide their own grooming. Residents who do not adequately groom themselves shall have assistance with, or provision of, grooming;by dirpact care staff. d. Residents should be' encouraged<to independently utilize the ' community outside the home. e. Residents should be encouraged to independently manage their money. The Provider is responsible for the accurate preparation and maintenance of an individual written record for each resident of all money received or disbursed on behalf of the resident. 2. Food Services - A nourishing, well-balanced diet shall be provided to all residents in accordance with the recommended dietary allow- ances of the Food and Nutrition Board of the National Research Council, National Academy of Sciences, and adjusted for sex, age, activity level and disability of each resident. 3. Health Services - A written description of the resident's personal service needs, recommendations for activities and health history, must be obtained from family or admitting person or agency. Evaluation Criteria of the Adult and Foster Care Home Facility In order to qualify for or maintain a license, an Adult and Foster Care Home shall meet the following provisions: Building Requirements 1. All buildings shall comply with all applicable State and local building, fire (refer to State Fire Marshall's recommendations for Care Facies), electrical, plumbing and zoning codes. 2. Surfaces of all walls and ceilings shall meet the interior finish requirements of the Fire and Life Safety Code. Suggested Regulations for Adult & Foster Care Homes Page 5 3. Be inspectedsemi-annually; and a 4. Present a reasonably neat and well-cared for home and yard. License requirements for Sanitation ' (Consult WCDPH and Sanitation) Bedrooms shall be provided for all residents and shall: _ 1. Be separate from the dining, living, multi-purpose, laundry, kitchen, and storage areas; 2. Be a finished, well-ventilated, heated and well-lighted bedroom which:has 'an openable outside window of at least the minimum required t by the State Fire Marshall; 3. Have a ceiling height meeting current Fire and Life Safety Code; 4. Provide a minimum of 60 square feet per resident, with a minimum of three feet between beds; 5. Provide light fixtures located and maintained :so as to give adequate light to all parts of room; 6. Provide a curtain or window shade at each window which assures" a, privacy; and 7. Furnish sleeping facilities which: a. Insure privacy with no more than two persons per room; b. Provide each person with his own bed with a good mattress and springs;' C Provide clear_ bedding and change of linen at leastonce a week and more of ten when necessary; and d. Provide each resident with dresser and closet space sufficient for clothing and personal effects. Bathrooms shall be pr and convenient) located and shall: 1. Provide a minimum of one toilet and one handwashing sink and one bathtub or shower conveniently located for the use of the residents; 2. Provide permanently wired light fixtures located and maintained so as to give adequate light to all parts of the room; 3. Provide arrangements for individual privacy for residents; \ 4. Provide a privacy screen at each window; 5. Provide a mirror, permanently affixed at eye level; 6. Be provided with adequate ventilation; and page b 7. Be specially equipped for use by the physically handicapped in buildings serving such persons. t` A Nourishing, well-balanced diet shall be provided to all residents in accord- ` ance with the recommended,dietary allowances of the Food and Nutrition Board of the National Research Council, NationalAcademyof Sciences, and adjusted for sex, age, activity level and disability of each resident. 1. All modified or special diets shall be ordered by a physician; 2. At least three meals shall be provided, or arranged for, daily, with mealtimes consistent with those normally existing in the community. 3. Meals away from the home for the purpose of regular routine of daily activities, shall be provided or;purchased by the facility. 4. Menus shall be prepared in advance and shall 'provide a sufficient variety of foods served in amounts for each resident at each meal and adjusted for seasonal changes. 5. Supplies of staple foods for a minimum ;of one week and perishable foods for a minimum of a- two-day period shall be maintained on the ` premises. a 6. Foods shall be stored and served at proper temperatures. 7. Raw milk shall not be served or stored in the home. Storage Facilities 1. All utensils, including dishes, glassware and silverware used in the serving or preparation of drink or food to residents shall be effectively washed, rinsed and sanitized after each use. 2. Utensils shall be stored so as to assure that they are kept free of dust, insects and other contamination. 3. Storage areas shall be provided appropriate to the size of the by—use. Separate storage areas shall be provided for: a. Food and kitchen supplies; b. Clean linens; C. Soiled linens and clothing; d. Cleaning compounds and equipment; e. Poisons, chemicals, rodenticides, insecticides, and other toxic materials which shall be properly labeled. Have a telephone available to residents page 7 Practice Fire Safety by: 4 1. Requesting inspection from the local fire department regarding the safety of the home. REQUIRED ON INITIALLICENSURE, THEN;ANNUALLY, AND WHENEVER THERE IS REASON TO QUESTION THE SAFETY CONDITIONS OF THE HOUSE. 2. The home shall provide fire safety equipment meeting the require- ments of the Fire and Life Safety Code: a. Training all residents upon placement and,quarterly thereafter how to exit'from facility and respond to alarm.' b. Providing and maintaining smoke detector and fire extinguisher. - There can be no exceptions to this rule. c. Providing suitable storage and pick-up of garbage and trash and prohibiting piles of junk and debris on the premises. d. Storing flammable, combustible or poisonous material in areas not accessible to persons under care. e. Providing storage for medications in a central location with each resident's medication clearly labeled with the pharmacist's label` Medications will be issued by the provider or a respon- sible staff person and only as prescribed by a physician. Persons able to handle their 'own medical regime will keep med- ications in a safe place unavailable to other''residents. f. Providing written House Rules regarding hours, visiting, smoking, use of telephones, etc. These shall be discussed with residents at time of placement. g. Establishing and keeping current resident records showing per- tinent personal and such other information as may be relevant, includings i (1) Physical, emotional and medical problems (such as seizures). (2) Social behavior; and (3) Special diets and current medications prescribed by physician. Evaluation Criteria of Adult & Foster Care Home Provider In order to qualify for or maintain a license, a provider shall: 1. Live in the home which is to be licensed; 2. Demonstrate an understanding and acceptance of the rules governing Adult & Foster Care Homes; 3. Provide personal references satisfactory to the licensing authority; ` 4. Provide or arrange for such care and supervision as age and condition of ,the persons under care require. In provider-'s absence, have a page 8 I responsible adult (18 years of age or older) to provide appro- priate 'supervision to residents in the hone. 5. Participate in training programs provided, arranged or approved �a by the licensing authority. 6. Not administer or allow to be administered physical punishment or abuse, or exploitation of residents. 7. Not discriminate in regard to 'race, color, national origin, or religion. 8. Allow residents to exercise all civil rights including recognized religious practices and beliefs, receiving and 'sending mail, voting, * etc. 9. Provide services as specified by the client service plan. Support and encourage day;plans and activities. Decision - Within 60 days following date application for licensure is received the licensing authority will evaluate the applicant and his/her home to R. determine if the requirements of these rules are met and shall either issue a license or deny the application. The applicant may withdraw his request for licensure at any time during this period. Cancellation - License to operate an Adult and Foster Care Home shall be cancelled if .. 1. The provider moves from the address indicated on the license; and/or 2. The provider requests cancellation of the license. Revocation - The licensing authority will revoke any license to operate an Adult _ and Foster Care Home upon determination that the home or provider is not in compliance witli applicable rules. Appeal - Any person affected by one of these decisions who feels he/she haresols of been given fair treatment or consideration shall have access to tion at a higher-level. Request for a hearing shall be made to the licensing authority within 90 days of contested decision. The hearing process will be followed according to the Fair Hearings procedures estab- lished by the licensing authority. Termination of Residency —When termination of residency is necessary, notice should be giveW by whoever is requesting the move. if circumstances do not permit such notice to be given, every effort must be made to coordi- nate resources to facilitate client's move to another facility. In case of alleged neglect or abuse, an investigation shall be made within 24 hours. If allegations are valid or differences irreconcilable, the client may be removed from the home. In case of documented neglect or abuse, the licensing authority will act in accordance with Rule 461-11-000 relating to Protective Services. From the Desk of Home Address: JOYCE COHEN P.O.Box 395 Oregon State Senate Lake Oswego,Oregon 97034 � � .� -4 NWA JOVl COHEN COMMITTEES , CLACKAMAS COUNTY Chairman DISTRICT.:13 �`:•> Senate Committee on Commerce, REPLY TO ADDRESS INDICATED. L^� Banking and Public finance hJ Senate Chamber A- Member. Salam,Oregon 97310 a "i Senate Committee on Environment and Energy .• :Senate Committee on Judiciary ,._ P.O.Box 385 > Lake Oswego,Oregon 97034 OREGON STATE SENATE SALEM, OREGON 97310 August 2, 1984 Mr. William A. Monahan Director of Planning & Development City of Tigard> 12755 S.W. Ash P.O. Box 23397 ' Tigard, OR 97223 Dear Mr. Monahan: Mr. Glen Haddockhas forwarded to me copies of the exchange , of correspondence relating to the City of Tigard ordinance on home occup&1_ion as it would apply to residential homes. As a member of the Legislative Assembly which enacted 1983 chapter 293 (SB 478) on siting of such facilities, I wish to make clear to you that your interpretation violates not only the spirit but the letter of that chapter. ORS 443.580 to 443 .600 (1983 chapter 293) was enacted to prevent exactly what the City of Tigard is trying to do by applying what may otherwise be a valid home occupation ordinance -to an activity over which the Legislative Assembly has limited the city' s jurisdiction. ORS 443.600 (2) allows a city to impose zoning conditions on a residential home (for five or fewer handicapped persons) provided that "such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone. " A reading of Tigard' s Home Occupation Ordinance reveals S b x i 01 3' Mr. William A. Monahan 8/2/84 Page 2 t numerous provisions that, insofar as ;Tigard alleges they apply to residential homes, are clearly invalid. For example, 18.142.050 ; B, E and I would clearly discriminate against residential homes by unreasonable differentiation from other residential dwellings if the ordinance were applied to residential homes. You indicate in your June 27, 1984, letter to Mr. Haddock that privateconversation with informed persons have no effect on your interpretation of SB 478 (1983 chapter 293) but that you would "evaluate" a written opinion of the Attorney` General. Before anything goes far enough to incur that expense, I urge you to consider consultation with the Tigard City Attorney who is your department' s official legal advisor'. Your interpretation of 1983 chapter 293, is clearly in error and, I urge you to make the necessary modifications to comply with Oregon State Law. Very truly yours, dceCJo en Oregon State Senate 1 : it MEMORANDUM s CITY OF TIGARD, OREGON` j t TO: Mayor and Council August 8, 1984 FROM: Councilor Phil Edin I SUBJECT: Performance Audit Program i I have been working with Bob Jean and staff: in developing aPerformance Audit Program per our Council goals for 1984-85. I recommend a 2--step approach: (S) A comparative review and policy summary, and (2) specific systems/operations audit on selected areas. Portland State University's Center for. Urban Studies has agreed to conduct a comparative update of the Urban Services Study from the; 1981-82 data to current data. This study will compare Tigard's, 1984--85 situation to the other comparable , services in our area. This comparative overview study should set the stage for specific detailed systems or operations audits later in the year once we have decided upon our particular areas of interest. If the Council concurs, I will continue to work with staff in developing a proposal for the ongoing series of systems/operations audits once the Comparative Audit Study is complete. I recommend that Council authorize the City Administrator to enter into a scope of work agreement for $2,000 with Portland State and that the study findings be presented by Portland State to the Council in September. (BJ:lw/0547p) } x i CITE TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA ITEM __CNT _ T AUGUS , 194 AGENDA OF: 13 : J PREVIOUS ACTION: DATE SUBMITTED: AUGUST 8, 1584 r ISSUE/AGENDA TITLE: BOARD & REQUESTED BY: Mayor's A2POintments' COMMITTEE APPOINTMENTS AdvisorY Committee 4. CITY ADMINISTRATOR k INFORMATION SUMMARY �4 Please see attached memo. is t: ALTERNATIVES CONSIDERED SUGGESTED ACTION Approve CampelZ to Planning Commission. aPP ointment of Nancy W. i CITY OF TIGARD, OREGON MEMORANDUM TO: City Council AUGUST 3, 1984' FROM: Mayor's" Appointments Advisory Committee SUBJECT: August 2, Interviews for Vacant Planning Commission Seat. The Mayor's Appointment Advisory Committee held a meeting the evening of August 2, 1984 and recommends the following appointment to the Planning` Commission: Planning Commission - Filling the unexpired term of Darlene O'Hara, who was recently ``appointed to fill the unexpired term of Phil Edin, which expires 7/1/86. Nancy Campbell, Attorney $625 S.W. Greensward In. (Home) 12289 S.W. Main Street (Bus.) Tigard, OR 97223 Phone: Res: 620-1497 Bus: 620-6865 Others interviewed were: John Mayfield Thomas J. Sullivan Gregory C. Newton (JC/dc:0498p) CITY OF TIGARD ct'rtt:c�nnl t rl?h tNt'E:Kh.S1-APPLICA'I ION nn } � CIR�i Kh ti. {•IIt1Nl•. 1 ADDRESS t XhS. ) : F�c :� � _lr eer�t�Ct X01 I N� ln�c>- 1y t} i\DURESS tI1US. ): _SSR CC,O ' til - ,� `e qa= ._-- Itl;:.. 1'1tclNh.: LENG1'11 OF KESIUENCE IN 't LW\i<U: 44 _ SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? �Q�(A lQVtn ��41� `�� n�tL?C e u SC_�cx�1vP;?bE�� EUO(,ATIONAL BACKGROUND: QO lL� IQ 0� OCCUPATIONAL, STATUS AND BACKGROUNDOUND: 0(l.W-3, t to I mA f- �go(4,+c c° � f �s 0,A( co U �`\rv�{� '�ric� 11,0 c ll�--0 ry Vl' - C C l c� C •1 N�s c �e�. e x: HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)'. t f ky PREVIOUS COMMUNITY ACTIVITY: � � `��lk�C`�� t�c ��CsCtc{ t�(1vv4F-'2 0 cc, ORCANIZATIONS AND OFFICES: tcmt c�vc us: V)Q, S�y` CO.. 9,C41R_ v0 O.ITER INFORMATION (GENERAL REMARKS) : �J- �pye �' ux9 c j W ' \e 4 C(5NAMtQ- YY Qqe�eC MQrA(-�wtv,ns ti-4ee s t1 T,r-og i1u:; ,y�fs g C o iJ Cl r7 t-e S i ck et J S c N• V e CL ,tJ�F tc s�4 e C� i 1J a axe C o N C t'I2 ji e c� v Y`c`a 1 a� A A'1 ,uQ 4 e_ �s i rJeSS�g (fie �i_ve lO�� :ivCOU n_ i tk) a ui`'I k t, 1 tVC � s, �c�S's Ca PA rvtv.A) HOARDS, COMMI•I"IEK.S t1H NPO INTERh.STED IN: ��QI�O MIc �v i �n�vv,, A/_(. 0.0 A A F S='l p/i/ I1;1(r Krirtvtti at CI Ly IL•tll Ital .• IntrYvtt•v. .1 -- I1,�t li...tt.l, C.nnu.tl l �•• t NI't I w.Id. i n t ., _ - t h.l •...L . .t 1111..1.1.1 v a f f L CITY OF TIC- CITIZEN COMMITTEE ZNTEREST APPLICATION DATE: 1 tvy C- G✓ NAME:^ RES. PHONE _ ADDRESS (RES.) i t �' ,r. BUS. PHONE: (j Z6 c' I ADDRESS (BUS.) SUGGESTED BY: LENGTH OF 'RESIDENCE IN TIGARD:0- WHERE DID YOU LIVE PREVIOUSLY? x EDUCATIONAL BACKGROUND: v' . 77 (i c OCCUPATIONAL STATUS AND BACKGROUND: ,fin HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? THIN YOUR NPO AREA (NPO APPLICANTS ONLY)? IS THIS COMPANY LOCATED WIF PREVIOUS COMMUNITY ACTIVITY: i �&W_f ORGANIZATIONS AND OFFICES:�G,/� n/�� 'fir�'- / ®// AV IfOTHER INFORMATION (GENERAL REMARKS): J BOARDS, COMMITTEES OR NPO INTERESTED IN: --- - ----------------- ---- - --- ( - ----------------------------------------------- ---------- ---------------------- ------- -Date Interviewed ? Date Received at City Hall Board, Committee, or NPO Date Appointed Outside City �_�_ Inside City (0345p) Ik i C.ITYOF TIG'-RD CITIZEN COMMITTEE INTEREST APPLICATION NAME: FiAS J U ,1 lufw DATE: ADDRESS (RES.): jZjbS W 7? 2 RES. PHONE: ADDRESS (BUS. ): Q� ,�p� � \D t BUS. PHONE: Gz-lD) K7Z LENGTH OF RESIDENCE IN TIGARD: � SUGGESTED BY: �b ��e 41i iV -v WHERE DID YOU LIVE PREVIOUSLY? �p2�`tHT' EDUCATIONAL BACKGROUND: Ck-'N Qs\ \\C�I�GA OCCUPATIONAL STATUS AND BACKGROUND: �'r `(1--0QA - HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: w1obJ2 (LLeL�h� � ORGANIZATIONS AND OFFICES: �l•Q �\C��y� ��2S�QC0.►- ��e�\�,5� C� _ ..OTHER. INFORMATION (GENERAL REMARKS): p,p ++k r BOARDS, 'COMMITTEES OR NPO INTERESTED IN: �ltAt�lNlt�► ��!`SSI�IJ l n---------------------------------------------------------------------- ----------------- Date Received at City Hall Date Interviewed Date Appointed Board, Committee, or NPO Inside City Outside City (0346p) d� a .<- IN VF.PJ'I'OKY ` OF CI"i'Z"Lf:NS -- , R 1984 S " for Cornmunit� Scr=V BG jjr,,ested DATE G✓lo �fn 2 /9ff`� RES.' PHON14 E BUS. PHONE Z2 Y-3386 ADDRESS 115 CJ SUGGESTED BY f LENGTH OF RESIDENCE IN TIGARD _ , 0 — WHERE DID YOU LIVE PREVIOUSLY? �✓p �` - . EDUCATIONAL BACKGROUND OCCUPATIONAL STATUS AND BACKG UND U. PREVIOUS COMMUNITY ACTIVITY ---��-- r: ORGANIZATIONS AND OFFICES ( 2 OTHER INFORMATION (GENERAL REMARKS) _ a .� BOARDS OR COMMITTEES INTERESTED y ----- ^^-- Date Interviewed (,,,.-)ate Received at City. Hall VO- Date Appointed Board or Committee -- INSIDE CITY OUTSIDE CITY -- N a a i . t � February 23, 1984 I Mayor Wilbur Bishop c/o Bob Jean Tigard City Administrator Dear Mayor Bishop: F Re: Tigard Economic Development Committee I am writing to let you know of my interest in Tigard Economic Development Committee. I serving on the Tig osition`on the com- understand that there is an at-large- p mittee that is as yet unfilled.; Please consider this let- ter as an application that position. There are several good reasons why I should be selected to serve on the committee. By virtue of my eauVt - to cation and profession, Twillence betablcommitteersbworkute 1mplrt ant knowledge and exp am a lawyer by profession and practice with the law Rives, Boley, Fraser & Wyse in downtown Portland. of Stoel, of corporate, tax and I practice principally in the areas securities law. My education and work in these areas in particular should be valuable to the committee. I am told that there are as yet no lawyers on the important that at committee. It seems . me that it imracticing lawyer least one person on thhe committee be a p 3 in order to bring that important perspective to bear on the work to be done by the committee. I also have two undergraduate bachelor degreesin mathematics and accounting. My training in accounting g ^ atins me a special understanding of the financialangrowthlofrbusiness. which are critical to the development and g My wife and I have been residents of Tigard since we first moved to Oregon almost two years ago. I believe that two years is long enough to become familiar with the community and the surrounding areas while at the same time I would provide a fresh outlook on the problems the committee will consider. Finally, I am personally interested in assisting in the planning and development of business in the city of Tigard. Tigard must be prepared to effectively compete against its neighboring cities in the effort to attract and retain its share of the new and existing businesses in Page 2 2 February 23, 1984 Washington county. I believe; I could assist the committee in a unique way in this effort- Please let me know if you have any questions or desire additional information. Very truly yours, 'Greg y lark Newton 115 SW Hazelwood LooP Ti rd Residence* 620-1356 Business`: 224-3380 t ; i CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA ITEM #: CONSENT AGENDA OF: AUGUST 13, 1984 - PREVIOUS ACTION: N/A DATE SUBMITTED: AUGUST 7, 1984 ' ISSUE/AGENDA TITLE: APPROVE CITY REQUESTED BY: COUNCIL { ATTORNEY BUDGET TIME ALLOCATIONS. , DEPARTMENT HEAD OK: CITY ADMINISTRATOR: { 4 INFORMATION SUMMARY council asked staff and the City Attorney to develop a time allocation to stay within the $60,000 basic City Attorney" Budget. The attached memo and time 9; budget would be sent upon Council approval. Council reflects time of a Partner reviewing and attending Council: meetings. Court'' reflects the average time over recent months for an Associate. "- Administration is based on 60 hours/month of as Associates time. rr ALTERNATIVES CONSIDERED , z SUGGESTED ACTION Approve the City Attorney's time allocations within Budget. , g (0544p) gal E 1982-83 1983-84 1984-85 NOTES: LEGAL SERVICES 1981-82 ACTUAL` ACTUAL BUDGETED BUDGET ACTUAL (*EST) (*EST) € 15600 4 hrs.mtg.+4 hrs 18000* 18000* 14634 c COUNCIL prep x $25 = 20 20 x $65 f $1300/mo. x 12 $15,600 7000 7420 8000 650/mo. x 12 = MUNICIPAL COURT 6000 $7800 + misc. ADMINISTRATION32746* 37742* 4b108 23400 40 hrs./mo- GENERAL * 1191 5000 As Needed PERS/LABOR 10000* 2000 1200 2 hrs/mo. 500* 500* -0- FINANCE/REC. 500* 500* 5$5 600 As Needed d POLICE * 15000* 2688 5000 As Needed PLANNING 20000* 1000* 1499 1200 2 hrs/mo. PUBLIC WORKS 1000 52071 364001 @$50 =` 6O/mo. 64746 * [567421* f l �pppp 88746 81742 74125 E SUB-TOTAL s LITIGATION 1000* 1000* 852 -0- Contingency a 0 30254* 24258* 21014 10000 As Needed/Prof. ` LIDS 5000* 10000* 6884 5000 As Needed/Proj. CIVIC CENTER " OTHER (Name) 5000* 3000* 1462 -0- T.U.R.A• 75000 € TOTAL 130000* 12000Q* 104337 r i k L LEGAL REPORT JUNE, 1984 1st 2nd 3rd 4th QUARTER QUARTER QUARTER QUARTER Y.T.D. VARIANCE BUDGET over [under] Council 4630 3129 4139 2736 14634 Budget Administration 9972 12131 11586 12419 46108 Municipal Court 2159 833 -1662 2766 7420 Police 585 -0 -0- -0- 585 Police Labor Relations -0- -0- -0- 1191 1191 Planning & Dev.(LCDC) 1585 90 1013 -0- 2688 Public Works 1016 240. 243 -0- 1499 , S-T Operaions 19947 16423; 18643 19112 74125 [Budgeted] [14700] [17260] [24290] [24290] [6415] 80540 { civic Center 3726 200 2858 100 6884 Litigation 697 130 25 -0- 852 S-T 24370 16753 21526 19212 81861 TURA 757 -.0- 590 115 1462 [Budgeted [757 [590] [115] 1[ 462] -0- 1462 S-T 25127 16753 22116 19327 8332-3 LID's 1360 2247 10380 7027 21014- TOTAL 26487 19000 32496 26354 104337 (MS:pm/0087F) i :i W f i' MEMORANDUM CITY OF TIGARD, OREGON `i TO: City Attorney August 14; 1984 l FROM: Mayor John Cook t_ SUBJECT: City Attorney Services Budget As you are aware, the City's overall financial position is very tight. Most City departments may face yetfurther restrictions even on this year's Budget. It is essential that all departments stay within Budget.; While the Attorney's Budget will likely not be cut further, it is assumed that maximum effort will be placed on forms standardization and systems streamlining. This "problem prevention" mode should allow us to operate more <efficiently next year under a "cut-back" mode should that become necessary. Please report your time in the following categories so we may tract them according to the attached Budget allocations: o Council o Municipal Court o Administration, General o Administration, Personnel/Labor Relations o Administration, Finance/City Recorder o Administration, Police o Administration, Planning o Administration, Public Works The other general categories are outside the basic Budget and subject to contingency appropriations on project budgets: o Litigation (Name Suit) o L.I.D.'s (Name Project) o Civic Center Project 0 Other (Name Project) CITY OF TIGARD, OREGON n COUNCIL AGENDA ITEM SUMMARY J 1984 AGENDA ITEM #: f �� AGENDA OF: August 13, r ' 1984 PREVIOUS ACTION: DATE SUBMITTED: August 1, k ISSUE/AGENDA TITLE: TUFINANCIAL RA i STATEMENT FOR FISCAL YEAR 1983-84 REQUESTED BY: I y DCITY ADMINISTRATOR: DEPARTMENT HEAD OK: INFORMATION SUMMARY t for the Tigard Urban Renexga' Attached is the financial statemengency fOr fiscal year 1983-84. g. x ALTERNATIVES CONSIDERED Receive and File t . SUGGESTED ACTION The statement is submitted for your information on the final documentation of the TURA program. 0556P dmj I w m } 6 2. 3 FINANCIAL STATEMENT TIGARD URBAN REVEWAL AGENCY y Pursuant to ORS 457.460, a financial statfinehnt forstatementthe Tisa on fileUrban withethe Agency ;(TURA) has been prepared. A copy o City of Tigard. The 'information contained in the statement is available to _ all interested citizens. in nds Revenues for fiscal year 1983-84< totalled $14,669.95 9.95fiswhileal $5,999.46 year,9 9$2,730.58fuwas were carried over from services, Durinprofessional services, and advertising. A expended for contractual services, p loar 'repayment of $15,000 was made and " $2,938.83 committed as closeout expenses. , $ 0•or fiscal year 1983-84 are: Taxes, delinquent The estimated revenues f , , taxes, $ 0; total resources, $ 0. There are no proposed expenditures for .year 1984-85 as the program was closed outbyaction of the fiscal Tigard City Council on June 25, 1984• 0556P dmj r. FINANCIAL STATEMENT OF THE TIGARD URBAN RENEWAL AGENCY {' Prepared Pursuant to ORS 457.460 July, 1984 1. The following taxing bodies levied taxes in the Tigard Urban Renewal Area within the City of Tigard during fiscal year 1983-84: , Washington County $ 1.88 Washington County ESD .26 Portland Community College •57 F Port of Portland .19 School+'District No. 23J 12.67 " .36 Tigard tater District € Unified Sewerage Agency ; .61 Tualatin RFPD 3.15 City of 'Tigard 1.18 Metro Service District •17 a Metzger Water Combined * .74 Metzger Water,Indebt * .05 * Tax Code Area 23-21 only 4 C'f 2. These tax rates were calculated as follows: TAXIN_ G BODY TAX LEVY MODIFIED ASSESSED VALUES = TAX ATE $ 14801 , ,049.74 $7,872,898,800 $ 1.88 Washington County .26 Washington County ESD 2,024,094.12 7,784,977,400 .57 Portland Comm- College 4,487,552.32 7,872,898,800 1 495,850.7 7 7,872,898,800 .19 Port of Portland a 12.67 School District No. 23 275 J 18,775760.07 766,000,200,719.23 1,477,010,200 .36 Tigard Water District , .61 Unified Sewerage Agency 3,853,964.20 6,317,974,100 3.15 Tualatin RFPD 4,746,709.49 1,506,891,900 1,18 City of Tigard 914,883.74 775,325,200 .17 Metro Service District 1,224,483.48 7,202,844,000 X74 Metzger Water Combined 481,515.41. 650,969,500 .05 Metzger Water Indebt 20 998.29 419,965,700 lExcludes increased assessed value, where applicable, of the Tigard, Tualatin and Beaverton Urban Renewal Areas. 3. The assessed value of property in the Tigard Urban Renewal Area increased from an adjusted base year of $41,415,000 when the area was formed, to $42,133,300 as of ,July 1, 1983. 4. In the 1983-84 fiscal year, the Tigard Urban Renewal Agency was scheduled to receive $15,113.032 from taxes, calculated as follows: 4 Increased Assessed Value in X Total Tax Rate - Tax byRevenue dReceived Urban Renewal Area Renewal Agency Combined { Tax Code 23-20 $ 21.04 23-21 $718,300 X 21.47 $15,113.03 23-22 17.89 2Actually received as of June 30, 1984 = $' 13,507.97 5. The revenues received by TURA were used to repay indebtedness incurred in carrying out the Tigard Urban Renewal Plan. The outstanding obligations of the Tigard Urban Renewal Agency as of June 30, 1984, amounted to $ 0 as the program was closed out. Because the urban renewal program was carried out during fiscal year 1983-84, the tax rates and proceeds for taxing bodies were affected as follows: Total Tax Rate Increases ' Tax Increment Rate Assigned to Proceeds Received TURA By TURA Washington County 1.88 Nil $1,350.40 Washington County ESD .26 Nil 186.76 Portland Comm. College .57 Nil 409.43 Port of:Portland .19 Nil 136.48 School District No. 23J 12.67 .01 9,100.86 Tigard Water District .36 Nil 258.59 A Unified Sewerage Agency .61 Nil 438.16 Tualatin RFPD 3.15 Nil 2,262.65 City of Tigard 1.18 Nil 847.59 Metro Service District .17 Nil 122.11 Metzger Water_ Combined .74 Nil 0 Metzger Water Indebt .05 Nil 0 6. REVENUES AND EXPENDITURES FOR FISCAL YEAR 1984-85 Revenues -0- Expenditures -0- / 0556P dm3 MMM trot • MEMORANDU14 CITY OF TIGARD, ;OREGON TO: Members of the City ;Council August 3�Vpll�1 FROM: William A. Monahan, Director of Planning and Development SUBJECT LCDC The attached memo from LCDC indicates that LCDC has determined that we are making a; good faith effort to complete our Comprehensive Plan, therefore, the State will not penalize us by withholding state-shared revenues. The 'ability to withhold funds was given when changes were made to LCDC's regulations. Please be 'advised also that LCDC has delayed our acknowledgement hearing from September 13 or 14 to the week of October 8. I will notify you of the exact date when it becomes available.' 0566P dmf a { Department of Lard Conservation and Development ATMH 1175 COURT STREET N.E., SALEM,OREGON 07310-0590 PHONE(5G3) 378-4926 July 30, 1984 Honorable John Cook Mayor, City of Tigard PO Box 23397 k ¢ ` Tigard, OR 97223 Dear Mayor Cook: As; you are undoubtedly aware, the 1983 Legislature enacted requirements< regarding the acknowledgment of all comprehensive plans and land use regulations by July 1, 1984. Although the,plan for your area isnot acknowledged at this time, the Commission, at its July 20, 1984 meeting, determined that the submission of your ,plan for acknowledgment review establishes that progress and a good faith effort has been made and therefore there is no good cause to 'either withhold any state-shared e revenues or adopt an enforcement order (see enclosed order). As your plan is reviewed for compliance with the Statewide Goals, I trust we can work cooperatively toward resolving any issues and thus gain ' '' acknowledgment as soon as possible. If you have any questions about this or your review, please contact your Field Representative. Sincerely, James F Ross Director JFR:RE:mg 0062D/5B Enclosure cc: Planning Director Jim Sitzman, Field Representative y_ r Elim t .. BEFORE THE LAND CONSERVATION AND DEVELOPMENT COMMISSION OF THE 'STATE:OF OREGON IN THE MATTER OF ) GOOD FAITH AND PROGRESS THOSE JURISIDCTIONS SUBMITTED ORDER AND SUBJECT TO ACKNOWLEDGMENT (SECTION 12, CHAPTER 827, REVIEW AFTER JULY 1, 1984 ) OREGON LAWS 1983) FINDINGS 1. The 1983 Legislature required that all comprehensive plans and land use regulations he acknowledged in their entirety by July 1, 1984. If this deadline is not met, the Commission "may" issue an enforcement order under ORS 197.320 andifthe Commission determines that "the local government is not making progress towards' acknowledgment and is not making a good faith effort to meet deadlines," then the Commission "shall" notify the responsible officer to withhold a portion of state shared revenues (Section 12, 4^ Chapter 827, Oregon Laws 1983). 2. Certain City and County comprehensive plans and land use regulations have been submitted to the Commission to be reviewed for compliance with the Statewide Goals pursuant to ORS 197.251 and OAR 660, Division 3 (see attached list Exhibit A). Such review will not occur until after July 1, 1984. CONCLUSIONS 1. These jurisdictions have made progress towards acknowledgment and a good faith effort to meet deadlines because they have adopted and submitted comprehensive plans and land use regulations to the Commission for acknowledgment review pursuant to ORS 197.251 as required by Section 12(1), Chapter 827, Oregon Laws 1983. MR -2- 2. Further, there is no good cause to issue an enforcement order pursuant to ORS 197.320(1)(a), (c) or (e) because all these jurisdictions have acknowledgment requests pending Commission action under QRS 197.251(1). Therefore, they need not be on a separate compliance schedule and can be considered to have made satisfactory progress towards its performance by the submittal of its plan and land use regulations to the Commission. i ORDER THEREFORE, IT IS HEREBY ORDERED THAT: In accordance with Section 12, Chapter 827, Oregon Laws 1983,,the Commission determines for the jurisdictions listed on Exhibit`A that there is no good cause to issue an enforcement order pursuant to ORS 197.320 or to notify the responsible officer to withhold a portion of state-shared revenues. In the absence of any additional information which indicates otherwise, such determination shall remain effective until the 'Commission completes its acknowledgment review and issues an appropriate order pursuant to ORS 197.251. DATED THIS c2''J DAY OF JULY, 1984. FOR THE COMMISSION: amen oss, irec or Depar ment of Land Conservation d Development Exhibit A: List of jurisdictions to be reivewed after July 1, 1984 by the Commission. RE:llt 96196/46 s MEN w EXHIBIT A SUBMITTED JURISDICTIONS TO BE REVIEWED AFTER JULY li 1984 ' COUNTIES CITIES Benton County Bandon --FC-P, FC-S Brookings (Chetco) Clackamas County Canyon City' --Carmel Estates Cave Junction --Clock PropertyClatskanie Coos County Dayville Curry County Gold Hill Douglas County Granite --Bird Habitat Greenhorn Grant County Happy Valley Hood River County Island City Josephine County John Day Lane County Lake Oswego Linn County Mt. Vernon Marion County Ontario Morrow County Prairie City Union County Rogue River St. Helens Seneca Stanfield Tangent Tigan Union Vale Yachats RE.11i 97638/36 CITY OF TIGARO, OREGON COUNCIL AGENDA ITEM SUMMARY G, AGENDA STEM AGENDA OF: PREVIOUS ACTION: DATE SUBMITTED: August 7, ISSUE/AGENDA TITLE: Acceptance of' S.W• 2, REQUESTED BY: Frank A (iirrip 72nd Avenue Right-of-Way ' s CITY ADMINISTRATOR: DEPARTMENT DEAD OK: INFORMATION SUMMARY This is one of the last parcels to be obtained on the S.W. 72nd Avenue project. ' This has been a long and tedious negotiation. g a===$.d=ss::=====.a:��=a=:==aa$=saasaaa:s��ss=�=��ffi_===��a:=�=m�a. ALTERNATIVES CONSIDERED SUGGESTED ACTION Staff recommends Council accept the attached dedication and authorize City Recorder to sign the document. i + v Suite 445-AGC Center .. 9450 S.W.Commerce Circle t° 63 6t o Wilsonville,Oregon 97070 s c s c® (505)682-2450 Consufting Engineers&Surveyors JUL 2 5 July 24i. 1984 Mr."Frank`A. Currie, P.E. Director of Public Works City, of Tigard. P.O. Box 23397 Tigard, Oregon 97223 Dear Frank: Attached are 72nd Avenue related documents which we are providing for consideration by the Council. ° Idents. 14 and 15 (Circle A-W Products Company) a. Street Dedication b. Partial Release With respect to Idents. 14 and 15, the above dedication has been provided to the City at no cost. This compares 'with'=`an- amount of .approximately $33®744.661 if the r taking ;shad ,been at :;app ailed cost. s= , Negotiation of this taking has been long and .tedious, our records showing 55 random 'telephone calls. The original .documep,ti -were in`the name of .Si6i ions-Allis, Inc., the parent company. ':'Dur_ing f these proceedings, it was determined that the owner''s 'iYetent'`was that ownership should have been transferred to Circle' A-W Products Company. Recent deeed copies from Ticor Title Insurance reveal that ident. 15 was conveyed to Circle A-W in 1979 by Instrument 79014612. Ident. 14 was conveyed May 25, 1984to Circle A-W by instrument 84621663 (copies of instruments are attached). Ticor Title Insurance indicates complete confidence in Circle.A-W. Company° s ownership. Attached is a proper ,Par ti?1 Release from First Interstate Bank... The only other item of concern is that Circle A-W omitt eid the paragraph "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." x . Mr. Frank A. Currie, P.E. City of Tigard June '24, 1984 Pace `,2 Thein attorney, for one reason or another, felt this item was not necessary. Although you may wish to review this with the City®s attorney, it would seem to me that you have in hand a fully valid dedication. Unless there is some compelling reason to demand inclusion of this paragraph and because of the possible risks o€ not being able to otherwise take :the property at no cost, we feel the dedication shouldbe accepted by the. City as is. Both the Street Dedication and the Partial Release should be recorded. Sincerely, MARLIN J. DE -HAAS, P.E. MJD/skd Attachments cc: Idents. 14 and 15 .ti. { STREET DEDICATION Ident. 14 and 15 KNOW ALL MEN BY THESE PRESENTS,Nhat Circle AW Products Company, '` a gelaware Corporation $ 1.0� grant and dedicate to hereinafter called grantor(s), for the sum of the Public a perpetual right-of-way for street, road and utility purposes on, over, across, under, along and within the following described real property in Washington' County, Oregon: See Exhibit "A" attached Also Right of Way Acquisition Map To have and to hold the above-described and dedicated rights unto the Public for the uses and purposes hereinabove stated. IN WITNESS WHEREOF, the grantor(s) have hereunto set their hand and seals this 7 day of June 1984 + (SEAL) (SEAL) (SEAL) (SEAL) IN WITNESS WHEREOF the undersigned corporation'has caused this Street Dedication acting pursuant to to be executed by its duly authorized, undersigned officers resolution of its Board of Directors. CIRCLE AW PRODUCTS COMPANY Name of Cor ration By: P side By t Secretary STATE OF OREGON ) COUNTY OF e On this 9A day of 1484 , personally appeared the above named and acknowledged the foregoing instrument to be their voluntary act and deed. Befc Me: iJ terry Public mor Or on My Commission expiresa-;��G� � ACCEPTANCE Approved as to form this day of l9_ Dy: # totrne - Ci of Tigard Approved as to legal description this day of 19 Accepted by the City Council this L� daY of Bye ity Recorder - City of Tigard Page I of 2 Right of Way Acquisition Description Exhibit "A" Ident No. 14 & -15 A parcel of land in the S.W. 1/4 of the S.E. 1/4 of Section 1. T2S, R1W, W.M., the City of Tigard, Washington County, Oregon, more particularly described as follows: Being that portion of the tract of land described in Book 1199,' Page "476, (Deed) of the Washington County, Oregon records (T.L. 1000 and 1100, Pap 2S-1=10C) which falls between a centerline and a line 30 .feet southwesterly at right angles and parallel to said centeline, said centerline being described as follows: Beginning at a point that is N 89040144" E, 20.00 feet from an iron pipe with a brass cap inside at the recognized 1/16th corner noted as Point "P" on County Survey No. 13,247; thence`N 0016'56" W, 2401. 64 feet to the, beginning of a 400-foot radius curve to the left, (a stone at the recognized N.W. corner of the East 1/2 of the N.E. 1/4' of Section 12, T2S, RIW, W.M., noted as Point "B" on County Survey No. 13,247, is N 0016'56" W, 225.612 feet and N 59007'51" W. 23,370 feet); thence northwesterly along said 400-foot radius curve to the left through a central angle of 58°50155", 410.841 feet to the end of said curve (long chord bears N 29°42124" W, 393.019 feet) said end of curve point is N 59007151" W, 202.242 feet from said stone noted as Point "B" on County Survey No. 13,247; `thence N 59007'51" W, 356.802 feet to the beginning of a 350-foot radius curve to the right (a stone in a monument box at the easterly S.E. corner of the W.W. Graham D.L.C. is N 59007'51" W, 202.156 feet); thence northwesterly along said 350-foot radius curve to the right through a central angle of 60001114", 366.645 feet to the end of said curve (long chord bears N 29007'14" W, 350.109 feet), said end of curve point is N 0053'23"E, 202.156 feet from said stone in monument box at the easterly S.E. corner of the W.W. Graham D.L.C.; thence N 0053`23" E, 3648.45 feet to a 2-inch iron pipe at the N.E. corner of the W.W. Graham D.L.C. also being the Initial Point of the plat of "Hermosa Park" at the end of said centerline, 12/30/81 80.194.118 ovc rsl Led TL) IJTfJT iIIII11111111111It19[T �I11111y4llIII)it1111111111,tt{1179'i` '1'O,i SISl'it''111i1'{'i�l'I'I'tpl'I1 NOTE: IF THIS MICROFILMED DRAWING IS LESS CLEAR THANTHIS NOTICE, IT IS DUE TO THE QUALITY OF THE ORIGINAL OE 6Z 8Z a eZ SZ bZ EZ ZZ IZ OZ 6t�Bi U 9! 5(' ii EI ZI 11 01 6 8 C -9 S 6 �. ZIIl�l IpS e .ntruN6nl�Luduu�Lou6NCLu�histlwll _ o t MARCH I �1 4. Stone in Monument W t '•.: `� at the Easterly S.E. Corner of Exhibit A the W.lt. Graham DLC Center Line Curve Data Page 2 of 2 4Radi60001'14" = 350.000 Arc = 366.645 1, ?p �•� / Tangent = 202.156 I / Chord = 350.109 • 4 6 ;:'cc�ars` ' • Chord Bearing = N 29007'14"W T'T: 1? \ Poi o urve Ident. 14 _ o� T.L. 1100 - Ident. 15<- S a T.L. 1000 X569 Off, Assessment Ident. No.s 34 & 15 ,3m/ 41 Tax Lot No. 1001 & 1100 \ Tax Map No. 2S-1-10C Owner: Siemens-A lis, Inc. 184 (A Delawa v Corp.) S)p Deed References: nay Fee No. 79-01 611 }=c ':•; rSto R0 Fee No. 79-01 612 ne todaNO Book 1199,Page 476 & 477 I ':.� StO ' 2y Additional Right of Way Contains "PJ SJ 1248 Square Feet more or less. Stone at Reco nixed 1/16th Corner (Point "B"on C_S.`13,247) 20.0 12.089 P.Y. �� //�/, `' Additional Right of Way as SMEEi 1 Dei AAS&ASS®@.IATE.S,INC. RIGHT OF WAY ACQUISITION IAP CRR � o.re CONSULTING ENGINEERS &SURVEYORS CRC 12/9/81 sun.445.AGc C-1n I503l "2-k450 LID No. 21 « 5GlE 9.50 S W C.—'..C—s. Fes 6�C,-6195 CITY OF T I CARD, ©RECON 1•' =50' W.1-416,Oregon 97070 irtE I 80.194.11 -�:._.. •--.~- .. .,_ � . m--•-��,,,,.� -w,.�--:_>c... .,.;.., a _,�.r.. _ ...,,.,_.... •,,,-,,:rte:. 7Ill fill wimp la la Iala ala laIellSIla lIla III I_rlI Im6I Ia_h iI 5( �f1 r.lr! a _!I_ IIl��ie7IIlDillllaal.lI•9el°�e(llila�llllalala9alai llajaiiillllleaill_1111 fill lalallt NOTE: IF 2 3 6B J J0 .�. _..,_�..®._, .. ,_.... ,�•.,,�,� THIS MICROFILMED .,�__.y�--• DRAWING IS LESS CLEAR THAN THIS NOTICE, IT IS DUE TO THE QUALITY OF THE ORIGINAL DRAWING. ------- - os ez ez az 9z S2 oz Ez 22 iz oz 61 ei —LI --91 5r tii £I ZI__.-.1 i_._01._6 _8 z 9 5 r►Iellminnluadaalllndxul_Neahen{nultNtce1d � � � i 1 .---,-®y------ sy 1 al ' Right of Way Acquisition Description Exhibit "A" Ident No. 14 b 15 A parcel of land in the S.W. 1/4 of the'S.E. '1/4 of Section 1. 172S, RIW. W.M.„ the City;of Tigard, Washington County, Oregon, more particularly described as ' follows: Being that portion of the tract of land described in Book 1199, Page 476, (Deed) of the Washington County. Oregon records (T.L. 1000 and 1100. Map 2S-1-10C) which falis between(a centerline and a line 30 feet southwesterly at right angles and parallel to said centeiine, said centerline being described as follows: Beginning at a point that is N 89"40'44" E. 20.00 feet from an iron pipe with a brass cap inside at the recognized 1/16th=cornet noted as Point "P" on County Survey No. 13.247; thence N 0°16'56" W, "2401.64 feet to the beginning of a 400-foot radius curve to the left, (a stone at the recognized'N.W, corner of the East 1/2 of the N.E. 1/4 of Section 12, T2S, RiW, W.M., noted as Point "B" on Count; Survey No. 13.247, is N`0°16'56" W. 225.612 feet and I'l 59°07'51" W. 23.370 feet); thence northwesterly along said 400-foot radius curve to the - left through a central angle of 53150'55". 410.541 feet. to the end of said curve (long chord bears N 29°42'24" W. 393.019 feet) said end of curve point is 11 59°07'51" W. 202.242 feet from said stony noted as Point "B" on County Survey No. 13,247; thence 11 59°07'51" W. 356.302 feet to the beginning of a 350-foot radius curve to the right (a stone in a monument box at the easterly S.E. corner of the W.W. Graham O.L.C. is N 59°07151" W. 202.156 feet); thence r»rthwesterly along said 350-foot radius curve to the right through a central angle of 60101'14", 366.645 feet to the end of said curve (long chord bears N 29'07'14" W. 350,109 feet), said end of curve point is N 0°53'23"E. 202.156 feet from said stone in monument box at the easterly S.E. corner of the N.W. Graham D.L.C.; thence N 0°53'23" E, 3640.45 feet to a 2-inch iron pipe at the N.E. corner of the W.W. Graham D.L.C. also being the initial Point of the plat of "Hermosa Park" at the end of said centerline. 12/30/81 80.194.118 I 4 i f i i a i PARTIAL RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS,That WHEREAS,FIRST INTERSTATE BANK OF OREGON,N.A.,a national banking association,hereinafter called the"Bank'; t is the holder of that certain mortgage dated .Idly 26 1q77__ executed by Circle A-W Produets Company..A California Corporation —as Mortgagors,in favor of the Bank,as Mortgagee,recorded on duly 28, 1477 in Book 1186 at Page 413 of the Record N of Mortgages for the County of Washington StateofOregon;and WHEREAS,payments have been made to apply thereon by which the indebtedness secured by said mortgage has been reduced to the ium of$ 600,735-74 and interest thereon from_July 1 _ :, 19 84_, NOW THEREFORE,at the request of said Mortgagors and in consideration of said payments,the Bank has released and doeshereby release from the Jaen of said mortgage the following described real property:. SEE LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE INCOR- PORATED HEREIN 5 F Except with respect to the real property hereinabove described the said mortgage and the lien thereof shall remain in full force and effect. IN WITNESS WHEREOF, the Bank has caused these presents to be executed by its duly authorized representative this ..14-th-_- day of_J,,Jy_--- 19 84 FIRST INTE RSTA -BA f<O OREGON,N.A. # I_ Labsch STATE OFOREGON. ) Supervisor of Customer Service ss. County of..-Multnomah-- �..__ ) .V Ju.1y--19 - _._—._ A.D.19-&4_... ) Personally appeared "'hu,buin9 duly sworn did say that he is the _ Supervisor_of Customer.Service __of First Interstate Bank of Oregon,N.A.,and that the said instrument was - signed in behalf of said corporation by authority of its Board of Directors;and he acknowledged said a strument to be its volun- tary act and deed.Before me: -_. -My Cu,mnission Expires - - _ I k rs. PARTIAL RELEASE OF MORTGAGE � ., � ._ FIRST INTERSTATE BANK OF OREGON,N.A. t TO When recorded,return to: FIRST INTEi.3,AiF I'A.r!K OF OREGON,N.A. t zf neeH etst Si TB - t� P.O.Box 3131 D—H.+•-d tlrenrnn o79nR