City Council Packet - 10/22/1984 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an
REGULAR MEETING AGENDA agenda item needs to sign on the appropriate
OCTOBER 22, 1984, 7:30 P.M. sign-up sheet(s). If no sheet is available,
FOWLER JUNIOR HIGH ask to be recognized by the Chair at the star
10865 SW WALNUT of that agenda item. Visitor's agenda items
TIGARD, OREGON 97223 are asked to be kept to 2 minutes or less; longer
matters can be set for a future Agenda by con-
tacting either the Mayor or City Administrator.
1. REGULAR MEETING:
1.1 Call To Order and Roll Call
1.2 Pledge of Allegiance
1.3 Call To Staff and Council For Non-Agenda Items
2, VISITOR'S AGENDA (2 Minutes or Less, Please)
3. SDR 12-84 FINAL ORDER - WESTERN INTERNATIONAL - RESOLUTION NO. 84-_
0 Planning Staff
4. ZOA 6-84 HOUSEKEEPING FINAL ORDER - ORDINANCE NO. 84-_
0 Planning Staff
5. CPA 25-84 ESEE DOCUMENT FINAL ORDER - ORDINANCE NO. 84-_
0 Planning Staff
6. PUGET CORPORATION FINAL ORDER - RESOLUTION NO. 84-_
o Planning Staff
7. LID AUTHORITY ORDINANCE - 2ND READING - ORDINANCE NO. 84-60
0 City Administrator
g. COMPREHENSIVE PI-AN AMENDMENT CPA 20-84, ZONE CHANGE ZC 13--84
BUTTERFIELD CAPITAL CORP./WESTLAND INVESTMENT COMPANY - NPO M 1
Review Planning Commission's recommendation for a Comprehensive Plan
Amendment from Medium Density Residential to Medium High Density
Residential and a Zone Change from R-12 eRYsidoc ted at 9815SW al 12 units/acre)
rWalnut
R-20 (Residential, 20 units/acre) on property
Place, (WCTT1 2S1 280, lot 1501 6 1502).
o Public Hearing Opened
o Summation by Planning Staff
0 Public Testimony
o Recommendation by Planning Staff
0 Public Hearing Closed
o Consideration by Council
9. COMPREHENSIVE PLAN AMENDMENT CPA 21-84, ZONE CHANGE 14-84 PACIFIC
WESTERN BANK - NPO #5
Review Planning Commission's recommendation for a Comprehensive Plan
Amendment from I-H (Heavy-Industrial) to C-P (Commercial Professional)
rcial
and a Zone Change m lo-H (H avyon the nNEsside lof SW 72ndAve.
Professional) on property
of SW Tech Center Drive (WCTM 2S1 IDC lot 4100 6 2S1 IDD lot 700.)
0 Public Hearing Opened
o Summation by Planning Staff
0 Public Testimony
o Recommendation by Planning Staff
0 Public Hearing Closed
o Consideration by Council
10, COMPREHENSIVE PLAN AMENDMENT/CPA 22-84/CORNER OF SCHOLLS FERRY RD./NPO M7
Review Planning Commission's recommendation to assign the Medium High
ial Comprehensive Plan Map designation to land on the
Density Resident
northwest edge the city, east of SW Lower Scholls Ferry Road. (WCTM
1S1 33C Tax Lots 301, 700, 800, 1300, 1301 and 1302.)
0 Public Hearing Opened
o Summation by Planning Staff
0 Public Testimony
o Recommendation by Planning Staff
0 Public Hearing Closed
o Consideration by Council
o Ordinance No. 84-_
COUNCIL AGENDA - OCTOBER 22, 1984 - PAGE 1
11. TEMPORARY USE/TU 13-83/INSURANCE ASSOCIATES/NPO N 1
A request by Insurance Associates for a one year extension of an
existing temporary use permit allowing a mobile office structure.
Temporary Use extension are allowed under the provisions of Chapter
18.140.020 C. 4. of the Community Development Code. The property is
located at 12501 SW Main St. (WCTM 2S1 2AB lot 2401).
o Public Hearing Opened
o Summation by Planning Staff
o Public Testimony
o Recommendation by Planning Staff
f o Public Hearing Closed
o Consideration by Council
12. BURNAM SEGREGATION
o Bob T. Briggs
13. STORM DRAINAGE DISCUSSION
o Director of Public Works
14. CIP FINANCE REVIEW (SOC)
o City Administrator
15. BOARD AND COMMITTEE WORKSHOPS SCHEDULING DISCUSSION
o Mayor Cook
16. VOLUNTEERISM REPORT
o City Administrator
17. 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:
17.1 Approve Council Minutes - October 15, 1984
17.2 Approve Non-Remonstrance Policy
17.3 Receive and File Departmental Monthly Reports
17.4 Release Funds - Century 21 - Brittany Square 1 B
17.5 Authorize Execution of Crossroads Subdivision Compliance Agreement
17.6 Authorize Partial Release of Funds - Gallos Vineyard Subdivision
Performance Bond
18. NON--AGENDA ITEMS: From Council and Staff
19. EXECUTIVE SESSION: The Tigard City Council will go into Executive
Session under the provisions of ORS 192.660 (1) (h) to discuss possible
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litigation issues.
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20. ADJOURNMENT
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COUNCIL AGENDA — OCTOBER 22, 1904 — PAGE 2
T I G A R D C I T Y C 0 U N C I L
s REGULAR MEETING MINUTES - OCTOBER 22„ 1984 - 7:40 P.M.
1. ROLL CALL.: Present: Mayor John Cook; Councilors: Tom Brian (arrived
7:38 P.M.), Kenneth Scheckla (arrived 7:37 P.M. ), and Ima
Scott; City Staff: Bob Jean, City Administrator; Bill
Monahan, Director of Planning & Development; Tim Ramis,
Legal Counsel; and Patt Martin, Deputy City Recorder.
2. CALL TO STAFF AND COUNCIL FOR NON -AGENDA ITEMS
a. City Administrator asked that Items 13 (Storm Drainage Discussion)
and 14 (CIP Finance Review (SDC)) be stricken from agenda.
b. Councilor Scheckla asked for Political Sign Discussion.
C. Councilor Scott asked for Political Button Discussion.
3. VISITOR'S AGENDA (2 minutes or less)
a. No one appeared to speak.
4. SDR 12-84 FINAL ORDER - WESTERN INTERNAT ZONAL - RESOLUTION NO. 84-
a. Fred Jensen, 7450 SW Cherry, asked that this itttm be held over to
a later date.
Director of Planning & Development stated he met with a
representative frum Western International. last week. The
representative felt they could meet with neighbors to resolve
matters . Directur of Planning & Development stated the Planning
Policy still had to be dealt with.
The Councilor's felt this issue should be tabled no longer than 30
days.
b. Motion by Councilor Brian, seconded by Councilor Scheckla, to
continue to 10/29/84 but not as a public hearing.
Approved by unanimous vote of Council present.
S. ZOA 6-84 HOUSEKEEPING FINAL ORDER
ORDINANCE No. 84-61 AN ORDINANCE AMENDING THE
COMMUNITY DEVELOPMENT
CODE AND DECLARING AN EMERGENCY (ZOA 6-84)
a. Director of Planning and Development gave a summary of the
ordinance and asked that the location of property map not be
published iii the newspaper. He stated this was costly.
b. Motion by Councilor Brian, seconded by Councilor Scott, to adopt
the ordinance as submitted.
Councilors Scheckla, Scott, and Brian all felt the maps were
helpful to property owners and recommended the maps be published.
Page 1 - COUNCIL MINUTES - OCTOBER 22, 1984
Director of Planning and Development stated the publication of the
maps was not part of the ordinance but would continue publishing
them as per recommendation of Council.
Approved by unanimous vote of Council present.
6. CPA 25-84 ESEE DOCUMENT FINAL ORDER
ORDINANCE NO. 84-62 AN ORDINANCE AMENDING APPENDIX I ESEE DOCUMENT,
VOLUME 1, RESOURCE DOCUMENT AS ORIGINALLY ADOPTED
BY ORDINANCE 83-52 AND DECLARING AN EMERGENCY
(CPA 25-84) .
a. Motion by Councilor Brian, seconded by Councilor Scott, to adopt
Ordinance No. 84-62.
Approved by unanimous vote of Council present.
7. PUGET CORPORATION FINAL. ORDER
RESOLUTION NO. 84-74 A FINAL ORDER IN THE MATTER OF THE APPLICATION
FOR SITE DEVELOPMENT REVIEW APPROVAL REQUESTED BY
PUGET' CORPORATION, FILE NUMBER SDR 8- 84,
APPROVING THE APPL..ICATION, ENTERING FINDINGS, AND
CONCLUSIONS.
a. Director of Planning & Development stated the applicant requested
that street lights be deleted from the resolution on page 2 since
the street lights were already installed. Director of Planning &
r Development stated he had talked with Director of Public Works and
they both felt this should be left in the resolution to make sure
the street lights are updated to the standards .
b. Motion by Councilor Scheckla, seconded by Councilor Scott, to
approve Resolution No. 84-74.
Approved by 3 -1 majority vote of Council present, Councilor Brian
voting Nay.
8. LID AUTHORITY ORDINANCE 2ND READING
ORDINANCE NO. 84-60 AN ORDINANCE ESTABLISHING BANCROFT BOND
PROCEDURES; AUTHORIZING THE ISSUANCE OF BANCR%T
BONDS; REPEALING 13 .04.085; AND DECLARING AN
EMERGENCY.
a. Motion by Councilor Brian, seconded by Councilor Scheckla, to
adopt Ordinance No. 84-60.
Approved by 3-1 majority vote of Council present, Councilor Scott
voting Nay.
9. COMPREHENSIVE PLAN AMENDMENT CPA 20-84, ZONE CHANGE ZC 13-84 BUTTERFIELD
CAPITAL CORP./WESTLAND INVESTMENT COMPANY - NPO #1
a. Director of Planning & Development gave a summary of the action
the Planning Commission took on this issue. The Planning
Commission requested a plan amendment from medium density
Page 2 - COUNCIL MINUTES - OCTOBER 22, 1984
residential to medium high density on the property located at 9815
SW Walnut Place. At the same time, the Planning Commission voted
unanimously to approve a zone change for the property from R-12 to
R-25. The zone change will become effective upon approval of the
plan amendment request by Council.
b. Public Hearing Opened
Proponents
Jerry Masey, Westland Investment Co. , 6823 SW Canyon Rd. ,
Portland, stated the NPO was not against the zone change but just
the method of going about the zone change.
Opponents
Gary Ott, NPO #1, opposed the zone change and felt it was riot
consistent with the Development Code. The NPO does riot want high
density in this area.
C. Public Hearing Closed
Councilor Scheckla felt this was a good area since alternate
transportation was readily available.
d. Staff Recummendatiun
Staff and the Planning Commission requested a plan amendment from
medium density residential to medium high density un the property
located at 9815 SW Walnut Place. At the same time, the Planning
Commission voted unanimously to approve a zone change for the
property from R-12 to R--25. The zone change will become effective
upon approval of the plan amendment request by Council.
e. Motion by Councilor Scheckla, seconded by Councilor Brian, to
uphold the applicant and Planning Commission' s recommendation for
a Comprehensive Plan Amendment from Medium Density Residential to
Medium High Density Residential and direct staff to prepare a
Final Order or Ordinance as appropriate for adoption on October
29, 1984.
Approved by 3-1 majority vote of Council present, Councilor Scott
voting Nay.
10. COMPREHENSIVE PLAN AMENDMENT CPA 21-84, ZONE CHANGE 14-84 PACIFIC
WESTERN BANK - NPO #5
a. Director of Planning and Development stated the request was for a
Comprehensive Plan Amendment from Heavy Industrial to Commercial
Professional on the property located on the NE side of SW 72nd
Avenue, south of SW Tech Center Drive.
( b. Public Hearing Opened
No one appeared to speak.
Page 3 - COUNCIL MINUTES - OCTOBER 22, 1984
C. Public Hearing Closed
C d. Staff and Planning Commission recommended Council approve a
Comprehensive Plan Amendment from Heavy Industrial to Commercial
Professional on the property located on the NE side of SW 72nd
Avenue, south of SW Tech Center Drive. The Planning Commission
voted unanimously to assign the CP zoning designation to the
site. The CP zoning designation will become effective upon
Council approval of the Comprehensive Plan Amendment.
e. Motion by Councilor Brian, seconded by Councilor Scott, to approve
the Comprehensive Plan Amendment from Heavy Industrial to
Commercial Professional and direct staff to prepare a final order
or ordinance as appropriate for adoption on October 29, 1984.
Approved by unanimous vote of Council present.
11. COMPREHENSIVE PLAN AMENDMENT - CPA 22-84 - CORNER OF' SCHOLI..S FERRY RD. -
NPO #7
ORDINANCE. NO. 84-63 AN ORDINANCE: ADOPTING FINDINGS AND UPHOLDING THE
PLANNING COMMISSION'S APPROVAL_ OF A COMPREHENSIVE
PLAN AMENDMENT (CPA 22-84) AND DECLARING AN
EMERGENCY.
a. Director of Planning & Development stated the Planning Commission
voted unanimously to recomend to the Council that the Medium High
Density Comprehensive Plan Designation be assigned to the six
lots. The City Planning Staff concurs.
b. Public Hearing Opened
No one appeared to speak.
C. Public Hearing Closed
d. Staff Recommendation
Staff and Planning Commission recommended Council adopt Ordinance
No. 84-63 .
e. Motion by Councilor Scott, seconded by Councilor Brian, to adopt
Ordinance No. 84-63.
Approved by unanimous vote of Council present.
12. TEMPORARY USE - TU 13-83 - INSURANCE ASSOCIATES - NPO #1
a. Director of Planning & Development stated Insurance Associates is
requesting a one-year extension for a temporary use of a mobile
home office.
b. Public Hearing Opened
Page 4 - COUNCIL MINUTES - OCTOBER 22, 1984
Proponent
Dan Bertuleit, Insurance Associates, stated no one had objected to
having the mobile home on the lot behind their office. He also
stated the company had purchased property in which the owner had
backed out twice delaying the sale. The property has now been
bought and closed so they need additional time until they have a
chance to move.
Opponent
No one appeared to speak.
C. Public Hearing Closed
d. Staff Recommendation
Staff recommended Council approve the one-year extension.
e. Motion by Councilor Brian, seconded by Councilor Scott, to approve
the one-year extension on the Temporary Use TU 13-83.
Councilor Scheckla and Mayor Cook stated Insurance Associ«tes was
their Insurance Company but felt had no bearing on this issue.
Approved by unanimous vote of Council present.
13. BURNAM SEGREGAIION
a. City Administrator stated a memo by the Finance Director was
passed out before the meeting.
Bob Briggs, Masters Company Northwest Corporation, stated the
company had bought the property from Mrs. Burnam with the lots
being segregated. The company had then found out the lots had not
been legally segregated. Mr. Briggs asked the Council to
reconsider having the assessment payments be brought current but
rather segregate the lots first then upon sale of each lot the
assessment shall become due. He also stated that the City could
still proceed with the foreclosure in January of 1985.
Councilor Scott felt that Mrs. Burnam did not make any effort in
the past 3 years to make payments and should not change their
previous motion to have payments be brought current.
Councilor Brian felt it would be to the City's benefit to wait and
have the payments due upon sale to make it easier to sell the lots.
b. Motion by Councilor Brian, seconded by Mayor Cook, affirm to allow
the lots to be segregated, pro rata LID be due on sale, do not
waive foreclosure in January of 1985, foreclosure proceed to meet
with City policy, and not require the entire amount of assessment
be brought current before any sale takes place.
Motion failed by 2-2 vote of Council present, Councilors Scheckla
and Scott voting Nay.
Page 5 - COUNCIL MINUTES - OCTOBER 22, 1984
14. BOARD AND COMMITTEE WORKSHOPS SCHEDULING DISCUSSION
a. City Administrator stated a matrix of the upcoming Council
meetings was handed out prior to the meeting tonight. He also
stated no Council workshops have been scheduled and reminded the
Council this was one of their priorities on their goals.
b. After some discussion November 5, 1984 was set for the first
workshop with Police and Crime Watch Steering Committee. December
3, 1984 was set for Public Works and Park Board. Sometime in
January will be with Transportation and Economic Development
Committee.
15. VOLUNTEERISM REPORT
a. City Administrator stated the report in packets showed the actual
amount of volunteer hours. Previously it was stated over 9,000
hours were spent in 1983/84. The actual figure is over 11,700 an
increase of 260%.
Councilor Scott requested a report be brought back on how many
hours for each category (police reserve, library, parks, City
Hall, and court) and if possible to split district and municipal
community service hours.
City Administrator stated he would have his secretary try to get
that information as soon as possible.
16. 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.
16. 1 Approve Council Minutes - October 15, 1984
16.2 Approve Non-Remonstrance Policy
16.3 Receive and File Departmental Monthly Reports
16.4 Release Funds - Century 21 - Brittany Square 1 B
16.5 Authorize Execution of Crossroads Subdivision Compliance Agreement t
16.6 Authorize Partial Release of Funds - Gallos Vineyard Subdivision
Performance Bond
a. Motion by Councilor Brian, seconded by Councilor Scheckla, to
approve consent agenda items.
Approved by unanimous vote of Council present.
17. NON-AGENDA ITEMS: From Council and Staff
z
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.1 Council Workshop on January 18 & 19, 1985 p
a. City Administrator stated he had contacted both Bob Wyffels and
Jerry Edwards. They both stated if elected they would be
available to be at the workshop on January 18 & 19, 1985. They
were also advised of the League of Oregon Cities Conference for
the person elected. Mary Himmel has tentatively agreed on January
18 & 19, 1984.
Page 6 - COUNCIL MINUTES - OCTOBER 22, 1984
s
b. Motion by Councilor Brian, seconded by Mayor Cook, to hold the
Councilor Workshop on January 18 6 19, 1985.
Approved by 2--1 majority vote of Council present, Councilor Scott
voting Nay and Councilor Scheckla abstaining.
.2 Political Signs
a, Councilor Scheckla felt some political signs were offensive
especially the one right off of Pacific Highway located in the
island on Durham Road. He also stated this could be a safety
hazard for obstructing traffic.
Wj12,
It was also noted the Paul Phillips signs were being4n m4pt--of "`' r�
other political signst, acctt
s• c I
City Administrator stated the sign in the island on Durham Road
would be taken down and any other signs that could cause potential
safety hazards.
Councilor Scott stated some Measure #2 signs were being picked up,
destroyed, or taken away. She felt the newspaper should publish a
statement saying it is theft if caught taking the signs.
.3 Political Buttons
Councilor Scott objected to City employees wearing political
buttons while working on Laxpayer's time. Councilor Scheckla also
felt this should be done on off work hours.
Legal Counsel stated it was constitutionally legal to wear the
buttons but not to make arguments on City time.
Councilor Brian and Mayor Cook felt it was not appropriate to take
a stand against wearing the buttons because of constitutional
rights.
18. ADJOURNMENT: 9:45 P.M.
Deputy City Recorder - City of Tigard
ATTEST:
- City of Tigard
r/ (pm/2094A)
Page 7 - COUNCIL MINUTES - OCTOBER 22, 1984
TIMES PUBLISHING COMPANY Le" 7_6144
P.O.BOX 370 PHONE(503)884-0380 Notice
BEAVERTON.OREGON 97075
Legal Notice Advertising RECEIVEp
City of Tigard
• ❑ Tearsheet Notice or � 9 j 1984
e P. O. Box 23397 • ❑ Duplicate Affidavit CITY Of TICARD
Tigard, OR 97223
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss.
Susan Pinkley
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the—.T-'!-Z and Times
a newspaper of general circulation asTf dined n ORS 193.010
and 193.020; published at _ in the
aforesaid county and state; that the
City Council Regular Meeting
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:
Oct . 18, 1984 _
Subscribed and orn o before me this_ "-ti c t . 18 , 19 84
c�
No ry Public for Oregon
My Commission Expires: 20/88
AFFIDAVIT
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TIMES PUBLISHING COMPANY Legal 7-6137
P.O.BOX 370 PHONE(503)884-0380 Notlo-e
BEAVERTON.OREGON 97075
Legal Notice Advertising RECEjVED
• City of Tigard ❑ Tearsheet Notice 1 t( JyNq
P. O. Box 23397 OiryOF
•
Tigard, O R 97223 • ❑ Duplicate Affidavit TIGARD
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss.
---
being first duty sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the T i g a r d _T i m e s _
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at------- T i g a r d in the
aforesaid county and state; that the
Piihl i r Hearing Notice
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for successive and
consecutive in the following issues:
ii . 1984
Subsiaribed and n to before me Oct .'s—_ 15 , 1928
Notary Public for Oregon
My Commission Expires: 9/20/88
AFFIDAVIT
sk .. .
-iMs
(
Da to 10/22/84
I wish to testify before the Tigard City
i Council on the following item:
(Please print your name)
#2 - VISITOR'S AGENDA (Limited to 2 minutes or less, please)
:Jame, Address & Affiliation Item Description
l` •
DATE 10/22/84
I wish to testify before the Tigard City Council
on the following item: (Please Print your name)
ITEM DESCRIPTION• #8 COMPREHENSIVE PLAN AMENDMENT CPA 20-84
LUNE CHANGE ZG 13-84
Butterfield Capital Corn/Westland T u&stment Co.
PROPONENT (For) OPPONENT (against)
Name, Address and Affiliation Name, Address and Affiliation
.,�,
-9-22,Z 44d
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i
- - DATE 10/22/84
C I wish to testify before the Tigard City Council
on the following item: (Please Print your name)
ITEM DESCRIPTION• #9 COMPRHENSIVE PLAN AMENDMENT CPA 21-84
ZONE CHANGE 14-84, Pacific Western Bank NPO #5
PROPONENT (For) OPPONENT (against)
Name, Address and Affiliation Name, Address and Affiliation
i
DATE
10/22/84
I wish to testify before the Tigard City Council
on the following item: (Please Print your name)
ITEM DESCRIPTION:
410 COMPREHENSIVE PLAN AMENDMENT CPA 22-84
Corner of Scholls Ferry Rd. NPO #7
OPPONENT (against)
PROPONENT (For)
ffiliation
Name, Address and Affiliation
Name, Address and A
l
.fix:
DATE 10/22/84
i
I wish to testify before the Tigard City Council
on the following item: (Please Print your name)
ITEM DESCRIPTION• #11 TEMPORARY USE TU 13-83
Insurance Associates NPO # 1
PROPONENT (For) OPPONENT (against)
Name, Address and Affiliation
Name, Address and Affiliation
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: October 22 1984 AGENDA ITEM #:
DATE SUBMITTED: October 17, 1984._ PREVIOUS ACTION: Public Hearing on
ISSUE/AGENDA TITLE: SDR 12-84 October 8, 1984
Western International Properties _. _ PREPARIBY: Elizabeth Newton
REQUESTED BY: City Council
DEPARTMENT HEAD OK: i'1�i. CITY ADMINISTRATOR:
INFORMATION SUMMARY
On October 8, 1984, the City Council held a public hearing on the application
Of policy 11.5. 1 to the Western International Properties project and the
railroad crossing requirement for the same project. The Council voted to
uphold policy 11.5. 1 and to require construction of the railroad requirement
or construction of a cul-de-sac. In addition, the Council directed staff to
prepare a final order approving the Site Design Review for, the project with
specific conditions. A copy of the final order is attached for your review.
ALTERNATIVES CONSIDERED
1. Adopt the final order attached.
2. Modify the conditions contained in the final order.
SUGGESTED ACTION
Adopt the final order attached.
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY l
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AGENDA OF: October 22, 1984 AGENDA ITEM #:
DATE SUBMITTED: October 12, 1984.._ PREVIOUS ACTION: City Council
ISSUE/AGENDA TITLE: ZOA 6-84 approved changes to the code on 10/8/84
Community Development Code revisions PREPARED BY: _A_
REQUESTED BY: City Council
DEPARTMENT HEAD OK: yy� _ CITY ADMINISTRATOR: _....._
INFORMATION SUMMARY
t
On October 8, 1984, the Tigard City Council reviewed changes to the Community
Development Code as recommended by the Planning Commission. At Lhat meeting,
Council directed Staff to prepare an Ordinance approving the proposed changes
with modifications. Attached is an Ordinance for Council review which, if
approved, would adapt the changes as recommended by Council. A copy of the
October 8, 1984 City Council minutes are attached.
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ALTERNATIVES CONSIDERED '
1. Review and adopt the attached Ordinance.
2. Review and modify the attached Ordinance.
SUGGESTED ACTION
Review and adopt the attached ordinance.
(EAN:bs/0711P)
MEMORANDUM
CITY OF TIGARD, OREGON
r
October 18, 1984
TO: City Council
FROM: Planning Staff
SUBJECT: Newspaper Notice on Director's Decisions
At the October 8, 1984, the City Council voted to amend the Community
in
Development Code to require publication the newspaper far certain
be required for Site
Director's decisions only . Newspaper notice wouId only r Land Partitions. On all
Development Review, Minor Land Partitions, and Maj
publication of notice in the newspaper
other decisions made by the Director
would not be required.
concerns of staff on publication of these newspaper notices
One of the major
is the cost. Presently, the notice is required to be accompanied y a ma
showing the property under consideration. Staff estimates that the cost of
the newspaper publication of notices could a dress andut in legal description alf if of
the map was not required. The property reader
always contained in the written portion of the ad so the newspaper
' ra erty .
would still be able to locate the p p
STAFF RECOMM'1ENDATION
Council. amend the attached ordinance to insert
Staff recommends that the City
ined as follows into Section 18.32.120 C. 5.
the words underl
showin the location of the property except for notice
5. A map 9
ublished in the ngw!!! e_r�- and,
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13 . COMPREHENSIVE PLAN AMENDMENT/CPA 22-84/CORNER OF SCHOLLS FERRY RD. -
NPO #7
a. Motion by Councilor Brian, seconded by Councilor Scheckla, to
continue to 10/22/84.
Approved by unanimous vote of Council present.
14. ZONE ORDINANCE AMENDMENT ZOA 6-84 CITY OF TIGARD
a. Director of Planning 6 Development gave a summary of this item
stating this was mainly housekeeping.
b. Public Hearing Opened
Bob Bledsoe, 11800 SW Walnut, Tigard, NPO #3, stated the NPO would
like to see the standards more explicit. He also stated they
would like this item tabled until April so the NPO would have more
time to discuss this.
Geraldine Ball, representing DJB, Inc. and herself, stated she was
confused with the definition of Wetlands and felt the definition
should be the one used by the Corp. of Engineers. She also stated
as NPO #4 Chairman, the NPO was in favor of adopting all changes
except the decision not to publish the Director's decision.
Director of Public Works stated the definition of Wetlands
identifies the types of plants by using the language as proposed.
Director of Planning 6 Development stated the surrounding area
property owners were notified by mail and did not feel the cost
and staff time justified newspaper publication. If the Council
wanted, he suggested publishing the Director's Decision for SDR,
Major and Minor Partitions.
Councilor Scott felt the publishing of the Director's decision was
a safety factor in notifying surrounding property owners.
Councilor Edin questioned the cost versus protection. He felt the
publication of the Director's Decision should be eliminated.
Councilor Scott stated her concern regarding buffering and height
limitations.
Councilors were concerned with the 10 calendar days rather than 10
business days. It was suggested if the 10 calendar day lands on a
weekend or holiday, the following day would be considered the 10th
day.
Councilor suggested item 18.42.010 (B)(1) be tabled to later date.
Consensus of Council was to pull 18.42.020 (8)(1) regarding
Incidental use to a later date.
Page 4 - COUNCIL MINUTES - OCTOBER 8, 1984
_.. .ers
The following items will be added to the Code.
1. A reference list on the wetlands.
2. Vegetation heights.
3. Advertising in paper of Director's Decision regarding Sight
Design Review, Major and Minor Land Partitions.
Director of Planning & Development will draft Ordinance and bring
back on 10/22/84.
RECESS AT 9:15 P.M.
RECONVENE AT 9:27 P.M.
15. REVIEW OF SDR 12-84 WESTERN INTERNATIONAL PROPERTIES NPO lis
a. Director of Planning & Development gave a summary of the Site
Development Review for Western International. He stated policy
11.5.1 in Special Areas of Concern regarding the 50-foot setback
in the Rolling Hills Development was forgotten until brought to
the attention of the Planning Commission at their last meeting.
Director of Planning & Development requested the Council call up
SDR 12-84 for review and conduct a public hearing or take no
action.
b. Motion by Councilor Edin, seconded by Councilor Brian, to conduct
( a public hearing and review SDR 12-84.
t Approved by unanimous vote of Council present.
Counsel Ramis stated at one time he represented Milton Brown,
adjacent property owner, in which the case is over and that it
does not reflect this item.
Director of Planning & Development reviewed the items in Council
packets regarding policy 11.5. 1 and the railroad crossing.
POLICY 11.5.1
C. Public Hearing Opened
Proponents
Wayne Jolly, resident, read a letter from John Torpling since he
had to leave early. The letter stated he felt the setback should
be 20-21 feet instead of 50 feet.
F.C. Jensen, 7450 SW Cherry, stated the 5 affected property owners
were on septic tanks and the developer would pay for sewer line
installation if they gave up part of their 50-foot setback. Also
the developer would remove the wild blackberries that border their
properties. Since a sewer line will have to be installed in the
future, this would save the property owners a large sum of money.
Page 5 - COUNCIL MINUTES - OCTOBER 8, 1984
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY �---
AGENDA OF: October 22, 1984 AGENDA ITEM #:
DATE SUBMITTED: October 17, .1984 PREVIOUS ACTION: Pubic Hearing
ISSUE/AGENDA TITLE: CPA 25-84 On October 8, 1984
ESEE Document - Historic _ PREPARED BY: Elizabeth Newton
Overlay Districts REQUESTED BY: City Council
DEPARTMENT HEAD OK: r\ CLTY ADMINISTRATOR:
INFORMATION SUMMARY
On October 8, 1984, the Tigard City Council held a public hearing on this
item. The Council voted to uphold the Planning Commission recommendation and
modify the ESEE document. The language revisions reflect the Council's
informal policy that the Historic District Designation will riot be placed on
property without consent of the property owner. An ordinance adopting the
proposed language change is attached.
ALTERNATIVES CONSIDERED
Adopt the attached ordinance.
Modify the language in the attached ordinance.
SUGGESTED ACTION
Adopt the attached ordinance.
0681P
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: October 22 1984 AGENDA ITEM #:
DATE SUBMI'1TED: October 17, 1984...— PREVIOUS ACTION: Council Action -
ISSUE/AGENDA TITLE: _ Puget September 24 1984 _
Corporation - Final Order _ _ PREPARED BY:
REQUESTED BY:
DEPARTMENT HEAD OK: I/L� CITY ADMINISTRATOR:
INFORMATION SUMMARY
The final order for Puget Corporation is attached. On September 24, 1984, the
Council voted to require construction of half street improvements now rather
than later upon formation of an LID.
ALTERNATIVES CONSIDERED
1. Vote to adopt the final order.
2. Modify the final. order.
SUGGESTED ACTION
Staff recommends that the Council adopt the final order as written.
(WAM:cz/0717P)
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Mayor and City Council
1 October 18, 1984
FROM: Loreen Wilson, Deputy Recorde
SUBJECT: Agenda Item No. 7
Please bring your copy of Ordinance No, 84-60 from your packet of 10-15-84.
E lw/2068A
f
CITY OF TIGARD, OREWN
COUNCIL AGENDA ITEM SUNNIARY
AGENDA OF: October 2. 1 1984 AGENDA ITEM ##:
DATE SUBMITTED: October 16, 1984 ___ PREVIOUS ACTION: None. —
ISSUE/AGENDA TITLE: CPA 20-84
Butterfield Capital Corp./Westland._ PREPARED BY:
I_nvestment Company REQUESTED BY: Planning Commission
DEPARTMENT HEAD OK: _ CITY ADMINISTRATOR:
-_--
17.�u"
INFORMATION SUMMARY
This is a request for a Comprehensive Plan Amendment from Medium Density
Residential to Medium High Density Residential on property located at 9815 SW
Walnut Place. A public hearing was held on this matter before the Planning
Commission on October 2, 1984 (a copy of the minutes is attached) . The
Planning Commission voted unanimously to recommend to Council that Council
approve the requested plan amendment.ov a zone he same
fotime,
the the property Planning
Commission voted unanimously tc app g
R-12 to R-25. The zone change will become effective upon approval of the plan
amendment request by Council. The Council should hold a public hearing on the
Comprehensive Plan Amendment request and direct staff to prepare an ordinance
or final order as appropriate for adoption on October 29, 1984.
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
The Coucil sould hold ing on
nsive
request nand direct staff tto prepare he Public Hanrordinance eorof naleorder as appropriate
Amendment
q
for adoption on October 29, 1984.
(EAN:cz/0717P)
TIGARD PLANNING COMMISSION
REGULAR MEETING - OCTOBER 2, 1984
1. Vice President Owens the the meeting to order at 7:35 P.M. The meeting
was held at the Fowler Junior High - LGI Room - 10865 SW Walnut.
2. ROLL CALL: PRESENT: Vice President Ownes, Commissioners Fyre, Butler,
Leverett, Peterson, Vanderwood, and Campbell.
President Moen (arrived 9: 15 P.M. ) .
ABSENT: Commissioner Bergmann.
STAFF: Director of Planning and Development William A.
Monahan (arriving at (9:30 P.M. ); Associate
Planner Liden; Associate Planner Newton (arriving
at 9: 15 P.M.); and Secretary Diane M. Jelderks.
3. APPROVAL OF MINUTES:
o Commissioner Campbell moved and Commissioner Vanderwood seconded to
approved minutes of September 4, 1984, as submitted. Motion carried
unanimously by Commissioners present.
o Commissioner Peterson moved and Commissioner Fyre seconded to approve
minutes of August 22, 1984, as submitted. Motion carried unanimously
by Commissioners Frasent.
4. PLANNING COMMISSION COMMUNICATION
o Commissioner Butler commented that he had been called at home
regarding item 5.1, Mallard Lake. Several other Commissioner had
also been called.
o Commissioner Vanderwood stated she had communication regarding item
5. 10, the Richard Smith appeal.
5. PUBLIC HEARING
{
5.1 PLANNED DEVELOPMENT PD 4-84, ZONE CHANGE ZC 12-84, SUBDIVISION S 9-84,
VARIANCE V 15-84; WARDIN/FARR DEVELOPMENT/MALLARD LAKE NPO Int 6
Request for a rezoning from R-4.5 to R 4.5 (PD), Planned Development
Detailed approval and Preliminary Plat approval for a 43 lot, single
family residential development, and a Variance to the maximum cul-de-sac
length of 400 feet to allow a 460+/1 foot length. Located: North of SW
Sattler St. between Launalinda Park and Scheckla Park subdivisions, (WCTM
2S1 11AD, lot 6500).
o Associate Planner Liden reviewed the status of the application,
recommending approval with conditions. Discussion followed regarding
the wetlands/sensitive lands, density, and NPO Al 6 comments.
PLANNING COMMISSIONER MINUTES October 2, 1984 Page 1
o Commissioner Butler stated he would deny a park dedication at this
time. Also, his calculation only allowed 38/39 buildable lots
(Commissioner Fyre concurred). He noted sections in the code which
would require the lands to be wetlands/sensitive lands.
o Commissioner Campbell was concerned that the ponds would become a
safety issue with samll children in the development.
o Commission Peterson did not believe the upper portion of the project
could be developed because of the ponds.
o Commissioners Owens and Vander-wood supported that the area should be
designated wetlands/sensitive lands.
o Lengthy discussion followed on how to proceed with the application
with regards to the density and sensitive lands.
* Commissioner Fyre moved and Commissioner Vanderwood seconded to deny
ZC 12-84, PD 4-84, S 9-84, and V 15-84 based on the finding that
there appeared to be gross inaccuracy in the mapping of the ponds,
which made density calculations in error. Also,
because of the
number of uncertainies as to whether the City intended the area to be
wetlands. The findings are based upon the following Code sections
and Plan Policies: Sections 18.02 A. ; 18.40.040; 1:. 80.110 C. 1. 2.
3. 6 4. ; 18.84.010 A. ; 18.92.020 A. 6 B. ; and policies 3.1.1 A. 6.
F. ; 3.4.2 A. ; 6.3.2; 6.3.3; and 1.2.1 A.
Motion carried by majority of Commissioners present. Commissioner
Leverett abstaining because he is an abutting property owner.
5.2 COMPREHENSIVE PLAN AMENDMENT CPA 20-84, ZONE CHANGE ZC 13-84 BUTTERFIELD
CAPITAL CORP./WESTLAND INVESTMENT COMPANY.
Request for a Comprehensive Plan Amendment from Medium Density Residential
to Medium High Density Residential and a Zone Change from R-12
(Residential 12 units/acre) to R-25 (Residential, 25 units/acre) on
property located at 9815 SW Walnut Place (WCTM 2S1 2B0, lots 1501 b 1502).
o Associate Planner Liden made staff's recommendation for approval.
Discussion followed as to why this property had been zoned with the
lower density .
APPLICANT'S PRESENTATION
o Jerry Mason, Westland Investment, 6823 SW Canyon, explained how
through a sale of this property that it was discovered it had been
downzoned and why it would be appropriate to rezone to the high
density.
PLANNING COMMISSIONER MINUTES October 2, 1984 Page 3
NPO COMMENTS
O Gary Ott, Acting NPO H 1 Chairman, opposed changing the Comprehensive
Plan because of the precedent that it would set and the pocket of
Medium High Density which would be created. Recommended looking into
a alternative method to resolve this type of problem in the future.
PUBLIC TESTIMONY
o No one appeared to speak.
REBUTTAL
o Jerry Mason, explained the hardship that has been created by this
downzone. Discussion followed.
PUBLIC HEARING CLOSED
COMMISSION DISCUSSION AND ACTION
o Consensus of the Commission was that a alternative method for
reconstruction should be dealt with in a workshop.
O Commissioners Peterson and Vanderwood favored denial.
o Commissioner Campbell, Butler, Leverett, Fyre, and Owens favored
f approval with some concern for buffering.
President Moen arrived: (9:15 P.M.)
o Discussion followed regarding the hardship created and the need for a
condition regarding buffering.
* Commissioner Fyre moved and Commissioner Leverett seconded to forward
the Comprehensive Plan Amendment CPA 20-84 to City Council with
recommendation for approval and to approve Zone Change ZC 13-84 from
R-12 to R-25 based on Statewide Goals 1, 2, and 10; and locational
criteria 12.1.3 . Motion carried unanimously by Commissioners
present.
RECESS 9:22 P.M.
PRESIDENT MOEN RECONVENED 9:38 P.M.
5.3 COMPREHENSIVE PLAN AMENDMENT CPA 21-84, ZONE CHANGE ZC 14
NPO SPACIFIC
WESTERN BANK
Request for a Comprehensive Plan Amendment from I-H (Heavy-Industrial) to
C-P (Commercial Professional) and a Zone Change from I-H (Heavy
Industrial) to CP (Commercial Professional) on property located on the NE
side of SW 72nd Ave. south of SW Tech Center Drive (WCTM 2S1 10C lot 4100
6 2S1 100 lot 700).
PLANNING COMMISSIONER MINUTES October 2, 1984 Page 4
r
JUSTIFICATION FOR MEDIUM-HIGH DENSITY ZONE AND PLAN DESIGNATION
FOR KING'S CHOICE APARTMENTS
1) The King's Choice Apartment sight is located on land originally designated
for and then built to it's present density. The original density that created
this attractive living environment draws those residents who need to be close
to shopping and public transportation. King's Choice is an all adult residence
approximately 60% of which are seniors at present.
Several minor changes in zoning classifications plus changes in densities for
those various classifications has brought the project into it's present non-
conforming use definition. The city's stated intention was to reduce the per
cent of residents who were renting rather than owning their residents in the
city of Tigard by lowering density on future land to be developed. The changes
that brought the zone definition to it's present state were not intended to
reduce the density or effect the attractiveness of existing apartment projects.
The financial damage to existing apartments was pointed out by a recent sale
of King's Choice Apartments which was prepared to close at one price and ended
up closing at a lower price based solely on an MAI appraisal pointing out that
the property has become a non-conforming use. This sale clearly established
that damage to the value of the project was caused by the down zoning which
said that if the improvements were more than 60% destroyed for any reason,
they could not be replaced at the original density.
From a community point of view, the reduced density on already developed land
can lead to those owners not putting extra money into maintenance, especially
as they get older. The reason is that owners will be faced with getting the
lost value out in operating income rather than with a sale. The only way
to do that is cut operating expenses. Maintenance is about the only operating
expense a building owner has total discression over. One neighbor not keeping
up maintenance leads to more and then the whole neighborhood starts a steeper
and steeper downturn.
The three previous owners had no knowledge of the lowered density and say they
never got notice of hearings for the changes. For that reason they never
appealed the changes.
It is our understanding that at present the city of Tigard needs to increase
it's overall density to conform to the LCDC requirements. This change would
help in that direction.
i
r
2) The King's Choice is well buffered from lower density sites: f
A. On the west by commercial and retail uses;
R. On the north by another apartment project of similar density called
Pacific Village;
C. On the east by a 65 to 90 foot set back, flood plain, creek and numerous
mid to large sized trees and bushes;
D. On the south by a large church parking lot and then the Methodist church.
All traffic from King's Choice goes west to Pacific Highway. There is no
access to the low density residential area on the east side of the project.
3) The access to King's Choice is from Pacific Highway (99W) at the traffice
light at S.W. Walnut. The street passes only a car wash, a small office
building, and the Methodist church before entering into King's Choice. The
traffic on this street is negligible.
4) The only development limitation for this property was the 100 year flood
plain on the east side in back. The apartments are set above the flood plain.
The unusually large back yard the flood plain creates is part of the buffer
between King's Choice and the existing single family residential development
behind it.
5) The existing facilities are already at a capacity that supports the present
development. This means the additional density we are requesting will not
cause any additional costs to create sewers, water, roads, etc. , and will
not put additional use on the existing facilities because the project is
already there.
6) King's Choice is one block to public transportation.
i
7) King's Choice is adjacent to neighborhood and general commercial shopping,
business, office, and eating places. It is also within a seven block easy
walk on sidewalks to the heavy commercial area of downtown Tigard. Close-
in higher density living cuts traffic and keeps the comm;rcial area economically
vital. That is why higher density close to big commercial areas is just good
city planning.
t
8) The flood plain and open space creates a significant buffer between the apart-
ments and the existing adjacent single family residential property. The
closest part of any of the improvements to the eastern property line is 65
feet. Changing the King's Choice site to it's original density should create '
no problems with the neighbors because the existing improvements are all in
0
harmony at present. t
s
9) This change does not set a precident for general up-grading along Pacific_ Highway
because King's Choice is a unique pre-existing use with extensive buffering E
already existing.
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STAFF REPORT
AGENDA ITEM 5.2
October 2, 1984 - 7:30 P.H.
TIGARD PLANNING COMMISSION
FOWLER JUNIOR HIGH SCHOOL - LGI
10865 S.W. WALNUT
TIGARD, OREGON 97223
A. FINDING OF FACT
1. General Information
CASE: Comprehensive Plan Amendment CPA 20-84, Zone Change ZC 13-84
REQUEST: For a Comprehensive Plan Amendment from Medium Density
Residential to Medium High Density Residential and a Zone
Change From R-12 (Residential 12 units/acre) to R7"' �
(Residential 0�,uni is/acre).
,�5
APPLICANT: Westland Investment Co. OWNER: Butterfield Capital Corp.
6823 SW Canyon Road Santa Ana, Calif.
Portland, OR 97225
LOCATION: 9815 SW Walnut Place, Tigard (Wash. Co. Tax Hap 1501 and
1502)
2. Background
• The apartments were developed in 1969 and 1970. The past record of this
development is unclear. Staff will research the matter further prior to
the hearing.
3. Vicinity Information
Pacific Village Apartments which are zoned CBD (Central Business
District) lie to the northeast. Single family residences, zoned R-4.5
(Residential 4.5 units/acre) are on the opposite side of a creek to the
southeast. Land zoned R-12 containing a church and commercial
development zoned C-G (Commercial General) are adjacent to the southwest
and northeast respectively.
4. Site Information and Proposal Description
The property is totally developed. It contains 70 apartment units
located within nine, two-story buildings. Access is provided to Pacific
Highway via Walnut Place and Mackenzie Street.
The applicant is proposing the Comprehensive Plan Amendment and Zone
Change to alleviate the development's non-conforming status in terms of
allowable density. The 2.9 acre property has a present density of 24.1
units per acre. The proposal is intended to protect the present
Investment. If the apartment complex was over 60% destroyed, it could
only be rebuilt with a maximum density of 12 units per acre due to its
non-conforming status.
STAFF REPORT - CPA 20-84/ZC 13-84 - PAGE 1
s
S, agency and NPO Comments
( The Engineering Division and the Building Inspection Office have no
objections tc the request.
The State Highway Division notes that if additional development is
contemplated, a traffic study will be necessary.
NPO #1 does not object to the maintenance of the existing apartments.
However, the group does object to the Plan Amendment and Zone Change as
a means of dealing with the non-conforming use. It was felt by the NPO
that a precedent should not be established for approving zone changes to
eliminate non-conforming situations.
B. ANALYSIS AND CONCLUSION
According to the Comprehensive Plan, Plan Map changes may be approved by
City Council when:
a. The change is consistent with applicable Plan policies;
b. A change of physical circumstances has occurred since the original
designation; or
C. A mistake was made in the original land use designation.
The following Locational Criteria in the Comprehensive Plan apply to
this proposal:
Vk Medium-High and High Density Residential
A. The following factors will be the determinants of the areas
designated for high density on the plan map:
(1) Areas which are not committed to low density development.
(2) Areas which can be buffered from low deity established tlow
areas in order to maximize the privacy
density residential areas.
(3) Areas which have direct access from a major collector or
arterial street.
(4) Areas which are not subject to development limitations.
f5) Areas where the existing facilities have the capacity for
additional development.
(6) Areas within one quarter mile of public transit.
(7) Areas within one quarter mile from neighborhood and general
commercial shopping centers or business and office centers.
( (8) Areas adjacent to either private or public permanent open
space.
STAFF REPORT - CPA 20-84/ZC 13-84 - PAGE 2
s
The proposed Comprehensive Plan Amendment and Zone Change is consistent
with Plan policies. It also meets the above Locational Criteria because
the property is presently committed to high density development;
buffering is provided by the creek and vegetation between the apartments
and the single family homes to the southeast; direct access to Pacific
Highway is available; no development limitations are apparent; public
facilities are established; and the property is within one quarter mile
of public transit and commercial centers. The apartment complex
contains some private open space and the proposed Fanno Creek Park will
be within one-quarter mile of the property. Other policies in the Plan
relating to such issues as public facilities and services are not
particularly applicable since the property is fully developed and being
served at the present time.
No changes have occurred since the current zoning designation was
applied, however, the City appears to have errored by utilizing a zone
that was not compatible with the existing development. Since the
existing use can meet the Locational Criteria for Medium-high Density
development, an R-20 zoning designation would have been more appropriate
than the R-12 zone.
C. RECOMMENDATION
The Staff supports the NPO recommendation to evaluate the City's policy
regarding non-conforming uses. However, the Staff does not concur with
the NPO recommendation to deny the request because the proposal is
consistent with adopted City policy contained in the Comprehensive Plan.
PREPA D BY: Keith Liden APPROVED BY: William A. Monahan
Associate Planner Director of Planning 6
Development
(KSL:pm/0649P)
STAFF REPORT - CPA 20-84/ZC 13-84 - PAGE 3
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM—SUMMARY
AGENDA OF: October 22 1984 AGENDA ITEM #: -
DATE SUBMITTED: October 17, 1984 _.T PREVIOUS ACTION: None _
ISSUE/AGENDA TITLE: CPA 21-84
Pac West Bank PREPARED BY: _
/ �y✓� REQUESTED BY: Planning Commission
DEPARTMENT HEAD OK: G"✓!'J _ CITY ADMINISTRATOR: _
INFORMATION SUMMARY
This is a report for a Comprehensive Plan Amendment from Heavy Industrial to
Commercial Professional on property located on the NE side of SW 72nd Avenue,
south of SW Tech Center Drive. The Planning Commission held a public hearing
on this matter on October 2, 1984. At that meeting, the Planning Commission
voted unanimously to recommend to City Council that the Commercial
Professional Designation be approved for the site. In addition, the Planning
Commission voted unanimously to assign the CP zoning desingation to the site.
The CP zoning designation will become effective upon Council approval of the
of the Planning Commis
Comprehensive Plan Amendment. A copy iminutes are
r
attached. The Council should hold the public hearing and direct staff to
prepare a final order or ordinance as appropriate for adoption on October 29,
1984.
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
Council should hold the public hearing and direct staff to prepare a final
order or ordinance as appropriate for adoption on October 29, 1984.
(EAN:cz/0717P)
TIGARD PLANNING COMM1ISSION
REGULAR MEETING - OCTOBER 2, 1984
1. Vice President Owens
the the meet.
High inL GI°Roomer a108655SW Walnuthe meeting
was held at e
2.
PRESENT: Vice President Ownes, Commissioners Fyre, Butler,
ROLL CALL:
Leverett, Peterson, Vanderwood, and Campbell.
Mr,c+n (arrived 9:15 P.M.) .
ABSENT: Commissioner Bergmann.
STAFF: Director of Planning and Development Will ami ate
A.
Monahan (arriving at (9:30 P.M. );
Planner Liden; Associate Planner Newtn,, (arriving
at 9:15 P.M.); and Secretary Diane M. Jelderks.
3. APPROVAL OF MINUTES:
O Commissioner Campbell moved and t'O lgas nsubmitted.
o Motion cda r to
ied
approved minutes of September 4, 1984,
unanimously by Commissioners present.
o Commissioner Peterson moved and Commissioner Fyre seconded to approve
minutes of August 22, 1984, as submitted. Motion carried unanimously
by Commissioners present.
4. PLANNING COMMISSION COMMIUNICATION
he had been called at
ome
° Commissionertem Butler5 1 MallardeL ake ented that Several other Commissioner hhad
regarding
also been called.
O Commissioner Vanderwood stated she had communication regarding item
5.10, the Richard Smith appeal.
5. PUBLIC HEARING
5.1 PLANNED DEVELOPMENT PD 4-84, ZONE CHANGE ZC 12-84, SUBDIVISION PO 9-04,
VARIANCE V 15-84, WAROIN/FARR DEVELOPMENT/MALLARD LAKE
Request for a rezoning from R-4.5 to R 4.5 (PD), Planned Development
Detailed approval and Preliminary Plat approval for a 43 lot, single
family residential development, and a Variance to the maximum cul-de-sac
length of 400 feet to allow a 460+/1 foot length. Located: North of SW
Sattler St. between Launalinda Park and Scheckla Park subdivisions, (WCTM
2S1 11AD, lot 6500).
° Associate Planner Liden reviewed the status of the application,
recommending approval with conditions. Discussion followed regarding
the wetlands/sensitive lands, density, and NPO M 6 comments.
PLANNING COMMISSIONER MINUTES October 2, 1984 Page 1
NPO COMMENTS
o Gary Ott, Acting NPO ## 1 Chairman, opposed changing the Comprehensive
Plan because of the precedent that it would set and the pocket of
Medium High Density which would be created. Recommended looking into
a alternative method to resolve this type of problem in the future.
PUBLIC TESTIMONY
o No one appeared to speak.
REBUTTAL
o Jerry Mason, explained the hardship that has been createa by Liii�
downzone. Discussion followed.
PUBLIC HEARING CLOSED
COMMMISSION DISCUSSION AND ACTION
o Consensus of the Commission was that a alternative method for
reconstruction should be dealt with in a workshop.
o Commissioners Peterson and Vanderwood favored denial.
o Commissioner Campbell, Butler, Leverett, Fyre, and Owens favored
j approval with some concern for buffering.
t President Moen arrived: (9:15 P.M.)
o Discussion followed regarding the hardship created and the need for a
condition regarding buffering.
* Commissioner Fyre moved and Commissioner Leverett seconded to `onward
the Comprehensive Plan Amendment CPA 20-84 to City Council with
recommendation for approval and to approve Zone Change ZC 13-84 from
R-12 to R-25 based on Statewide Goals 1, 2, and 10; and locational
criteria 12.1.3 . Motion carried unanimously by Commissioners
present.
RECESS 9:22 P.M.
PRESIDENT MOEN RECONVENED 9:38 P.M.
5.3 COMPREHENSIVE PLAN AMENDMENT CPA 21-84, ZONE CHANGE ZC 4-84 NPO SPACIFIC
WESTERN BANK
Request for a Comprehensive Plan Amendment from I-H (Heavy-Industrial) to
C-p (Commercial Professional) and a Zone Change from I-H (Heavy
Industrial) to CP (Commercial Professional) on property located on the NE
side of SW 72nd Ave. south of SW Tech Center Drive (WCTM 2S1 10C lot 4100
6 2S1 100 lot 700).
PLANNING COMMNISSIONER MINUTES October 2, 1984 Page 4
o Associate Planner Liden made staff's recommendation for approval
adding that a more appropriate zOStreet, the
it wasarea
recommended Ip,
c
that of the existing uses on Sandbur9
issue be studied further in the near future.
APPLICANT'S PRESENTATION
o Richard W. Norman, Architect, 730 SW 1st Ave. , representing Pac West,
apparently an error had been made during the
stated that plan had been submitted for this
Comprehensive Plan process because a
site years aqo. Discussion followed.
PUBLIC TESTIMONY
O No one appeared to speak.
PLANNING COMMISSION DISCUSSION AND ACTION
�t Commissioner Butler moved and Commissioner Peterson seconded to
wih
forward the Comprehensive Amendment CPA - 4ZCo City peril staffts
recommendation of approval and to approve
findings.
Discussion followed regarding zoning the property IP.
r Motion carried unanimously by Commissioners present.
5.4 COMPREHENSIVE PLAN AMENDMENT CPA 22-84 CORNER OF SCHOLLS FERRY RD. NPO # 7
A request by the City of Tigard to assign the Medium High Density
Residential Comprehensive Plan Map designation to land on the northwest
edge of the city, east of SW
Lower and 1 0 jlls Ferry Road. (WCTM 1S1 33C Tax
Lots 301, 700, 800, 1370, 1
o Associate Planner Newexplained why the City was placing the
ion on these properties and recommended
Comprehensive Plan Designat
approval.
PUBLIC TESTIMONY
o Evelyn Karls, Rt. 1 Box 382, Beaverton, opposed being automatically
brought into the City. (Staff explained she was no . She also
t )
opposed the Medium High density because of the heavy traffic and
number of accidents which have occurred in that area. Discussion
followed.
PUBLIC HEARING CLOSED
COMMISSION DISCUSSION AND ACTION
o Consensus of the Commission was to support staff's recommendation.
* Commissioner Owens seconded to forward
Commissioner Butler moved and
Comprehensive Amendment CPA 22-84 to City Councilsth rec recommendation
of approval. Motion carried unanimously by
CommiPLANNING COMMISSIONER MINUTES October 2, 1984 Page 5
F STAFF REPORT
! AGENDA ITEM 5.3
October 2, 1984
TIGARD PLANNING COMMISSION
FOWLER JUNIOR HIGH SCHOOL - LGI
10865 S.W. WALNUT
TIGARD, OREGON 97223
A. FINDING OF FACT
1. General Information
CASE: Comprehensive Plan Amendment CPA 21-84 and Zone Change ZC
14-84.
REQUEST: For a Comprehensive Plan Amendment from Heavy Industrial to
Commercial Professional and a Zone Change from I-H (Heavy
Industrial) to C-P (Commercial Professional).
APPLICANT: Pacific Western Bank OWNER: Same
10888 S.E. Main Street
Milwaukie, OR 97222
l LOCATION: South of 7150 S.W. Sandberg (Wash. Co. Tax Map 2S1 IDC, Tax
Lot 400 and 2S1 IDD, Tax Lot 700)
' 2. Background
The subject property has been partially developed under the provisions
of three Site Design Review approvals (SDR 38-73, SDR 19-75, and SDR
33-77). The last application submitted indicated future commercial
office development on the southern position of the property. During the
period of development, the entire property was zoned M-2 (General
Industrial) which permitted industrial and commercial office uses.
Between 1977 and the present, the zone designations have been changed so
the northern section of the property is zoned C-P and the southern
portion is zoned I-H (Heavy Industrial). With the adoption of the new
Code, the I-H zone no longer includes offices as a permitted use.
3. Vicinity Information
The first phase of the Administrative Service Center which lies to the
north is zoned C-P. The western property line abuts 72nd Avenue and the
properties to the west, south and east are zoned I-H.
4. Site Information
The area involved in this application is undeveloped and slopes down to
72nd Avenue. The conceptual plan presented in 1977 indicated that two
additional buildings are anticipated on the subject property. Site
Development Review approval will be required prior to construction.
STAFF REPORT - CPA 21-84/ZC 14-84 - PAGE 1
t
5, O Comments
The Engineering Division and Building Inspection Office have n
objection to the request.
No comments have been received from NPO #5-
B. ANALYSIS AND CONCLUSION be approved by
According to the Comprehensive Plan, Plan Map changes may
City Council when:
a. The change is consistent with applicable Plan policies;
stances has occurred since the original
b. A change of physical circum
designation; or
C. A mistake was made in the original land use designation.
The Plan has been reviewed and the proposal is consistent with Plan
policies. The following Locational Criteria also apply to this req1e
Commercial Professional f or a diverse range of
Commercial Professional areas e are
and etoo Promote user convenience
office uses and Supp
! throughout the City.
( A. Scale
(1) Trade area. Varies
(2) Site size. Varies
(3) Gross leasable area. Varies
B. Locational Criteria
(1) Spacing and location
(a) The Comprehensive Plan map fixes exact
boundaries of the commercial professional area.
(b) The commercial professional area is not
surrounded by residential districts on more than
two sides.
(2) Access
(a) The proposed use or expansion of an existing
estion or a
area shall not problem trafficeate S ch ca n determination
traffic safety p existing
shall be based on the street capacity,
limit,
and projected traffic volumes,
number of turning movements and the traffic
generating characteristics of the various types
of uses.
STAFF REPORT - CPA 21-84/ZC 14-84 - PAGE 2
(3) Site Characteristics
(a) The site shall be of a size which can
accommodate present and projected needs.
(b) The site shall have high visibility.
(4) Impact Assessment
(a) The site configuration and characteristics shall
be such that the privacy of adjacent
non-commercial uses can be maintained.
(b) It shall be possible to incorporate the unique
site features into the site design and
development plan.
(c) The associated lights, noise and activities
shall not interfere with adjoining
non-residential uses.
The proposal is consistent with this portion of the Plan because it is
not adjacent to residential development, proper access to 72nd Avenue is
available, the site is an adequate size for the proposed use, it will be
highly visible, and the change will be compatible with the surrounding
commercial and industrial ?roperties.
No changes have occurred since the modifications in the Code were made,
however, findings can be made showing that a mistake had been made by
limiting the southern portion of the property to industrial uses.
Although not formerly proposed, the applicant's intent to continue with
office development was presented in 1977. Also, the site has a
significant slope which limits the utility of the property for heavy
industrial uses which characteristically require large, flat parcels.
Staff concludes that the proposal is consistent with City policy and
should be approved. It should also be noted that the properties located
on Sandberg Street contain a mixture of light industrial and office
uses. This is a transition area between the offices on Fir Loop and the
heavy industrial uses to the south. It appears that the I-P (Industrial
Park) zone, which allows both commercial office and light industrial
uses, would be a more appropriate designation. A study and possible
zone change for this area should be considered.
C. RECOMMENDATION
The Planning staff recommends aproval of CPA 21-84 and ZC 14-84.
PREPARED-BY: Keith den APPROVED BY: William A. Monahan
Associate Planner Director of Planning b
Development
(KL:bs/0654P)
STAFF REPORT - CPA 21-84/ZC 14-84 - PAGE 3
PACIFIC
WESTERN
( BANK
BUILDING AND PLANNING
3UJ Pacwe>.'Cxn!a,r
1 11 1 S YJ F I'. .,. ",
Poru,•,U
Tigard Planning Commission
Tigard, Or�go^ - I mnrPhensive Plan Amendment
C-P on TL.4100, 25-1-IDC, & TL.700, 2S-1-DD
Zone Change from I-H to
BACKGROUND:
In 1972, FIRSBANK
the address: phaseW fth
SandbuDrgINISTRATIVE
SERVICE CENTER on
In 1974, the BCnkfpurchased
uture T.L.expa4100, and T.L. 700, South of their site,
to provide spa
All of the property was zoned M-2, and allowed both manufacturing and
office construction.
In 1977, Phase-2 additions to the ADMINISTRATIVE SERVICE CENTER were
submitted to Tigard's Planning Commission for
raDDesign Review(e(exhibit -A),
together with a supplemental letter from t
he cribing the project and future plans, and a print of the Site Development
Plan (exhibit-C).
The Tigard staff report (exhibit-D) noted the acceptability of the project,
which was subsequently built.
Tigard's new COMPREHENSIVE PLAN did not recognize of the future plans
submitted
by the FIRST STATE BANK, and the zon"I-H" ,
which would prohibit the future
T.L.4100 and T.L.700 reshows
zoned as "I-H" , Planning Commission in 1977.
development of offices, as submitted to the
RE: COMPREHENSIVE PLAN AMENDMENT
We believe that the zoning on T.L.4100 and T.L.700 should be changed from
I-H to C-P for the following reasons:
1 . The Planning Commission honestly erred by not including these tax lots
in the adjacent C-P zone, when drawing up the Plan.
2. The C-P zoning would conform to the Goals and Policies of the Plan.
3. The land was purchased in 1974 to provide for expansion of the adjacent
office use, and the future development was planned and submitted to
Tigard's Planning Commission in 1977, before the creation of the
Comprehensive Plan.
A PIACWEST BAP4K
RE: COMPREHENSIVE PLAN AMENDMENT (cont'd)
4. The sloping topography of the Tax lots is not suitable for I-H development.
!y RE: GOALS AND POLICIES
The proposed zone change supports LCDC Planning Goal #9, "to diversify and
improve the economy of the state."
The zone change would conform to COMMERCIAL POLICY 12.2.1 THE CITY SHALL:
a. PROVIDE FOR COMMERCIAL DEVELOPMENT BASED ON THE TYPE OF USE, ITS SIZE
AND REQUIRED TRADE AREA.
In addition:
1 . The future use is compatible with the adjacent C-P developments.
2. There are no adjacent residential zones to be impacted.
3. All utility services are installed and available.
4. Traffic is served by 72nd Avenue, a major collector.
ACIRIC WESTERN BANK
` SSI--
�ce President
/sg
C
r_A E- !v: _----- —---
Fee neceived S
Architect�.lrai Review — -- - --
AL-PLIT DN Date received _—.--- __--
Ticard Flarn;rg Co 7i sson 1223 DY
12420 Sv, vain St. , Ti rd, Cr.
63g-4171 - ---
Phase-2, Alterations and Additions to the Date Filed
�ervirp fr�n
Project Title Admin ��
project fidd7'Ess _7150 S.W. Sandbur Road Tigard, Oregon 97223
Tax T,ot No. 03801 , 03900, 04100, & 00700-PT4
Tax Nap 1,10.
c) ner/D=vei�Per First State Bank of Ned Takasumi
t:adr esS
10888 S.E. Main Street , Milwaukie , 0� 97222__TelePr,o,�e -3410
Teleuh^ne
Owner's - -
Signature
DFS`.F
T _r SQ . Ftft
.
Pro osed Ilse #i��ild' .� s Main fl . add. 7,878 sq. .
Offices — One
Ong smt fl add 3 664 sn ft.
_ ExistMain fl . 10,000 sq.t
Tot. Sq. rt. r Buildins Add 7 878 sa_.ft.
c.
Site Size 6. 14 acres -
o Add. 16 220 SQ-ft-
-
q.ft. Sq. Ft. of L2�dscauin� dd. 10, 160 sq-ft.
Sq. Ft. or Ta i_1`
Anticipated Devei.cpn,er,t Late September 1977
Anticipated Development Phases
Valuation - $ .--
DO IJ�)T 1�:RITE
Special Conditions - Dedications
bonding --- -- -----
G'Y &r _-------- --- -- ------} -----------
I✓a l.e --_-
Final Inspection by --- -- -- - - - ----- --
(. �x�.l l is l'r•A _ - -
i.
F
Tigard Planning Commission
12420 S.W. Main Street
Tigard, Oregon 97223
1 :3
Re: Phase-2, Alterations and Additions to the Administrative
4`5
Services Center, First State Bank of Oregon.
Dear Commissioners:
The Standard form for "Site Development Plan and Design Review"
does not seem to adequately cover the kind or amount of infor-
41 mation needed for this kind of project.
-7
For this reason, a short narrative may be helpful in your
deliberations.
The total existing site consists of 6. 14 acres.
The building project and its immediate developed surroundings
will cover approximately 2.8 acres, of which, about I acre (367.)
can be considered as landscaped; 1 .4 acres (50%) in paving; and
.4 'acre (147.) is in building.
The balance of the property may be developed in the future, as
shown on the Site Development/Master Plan, Sh. no. A-) .
Since the Additions will cover some of the existing landscaped
J areas, as shown on the plans of the original landscaping, the
_
trees and large plant material will be relocated, as noted on
the Site Development/Parking Plan, Sh.no.A-1 , and new plant
material installed at the East ends of the Additions.
A 11-11 main irrigation line has already been extended to the
2
South, under the existing paving, and this will be continued
further, to care for the relocated trees.
The building forms, materials, and colors are an extension of
the existing scheme.
1 believe that a visit to the site, or color slides of the exist-
ing development could more accurately show the overall character
of the project, and the Additions are planned to continue that
41. theme.
SiSly,
ere
'Y'
AP Rhard W. Norman, AIA
August 24, 1977
�'"_ •' Ilii --�
y t' %
L ?�
\\ �' r.
51*
,v. r N
ti
r
1 I
- ,September 8, 1977
The following items were noted by staff and should be addressed by
the applicant :
1. There seems to be a discrepancy as to property line location on
the site, particularly for the north lot line . The exact loca-
tion of all property lines should be researched and submitted
on the revised plan .
2. Right-of-way for the realignment of S.W. 72nd should be speci-
fied at 60 feet . This realignment should be approved by City
of Tigard Public Works Department and by the Washington County
Public Works Department. The applicant should also be aware
that slope easements might be necessary. A non-remonstrance
agreement for the improvement of S.W. 72nd will also be necessary.
3. The following code requirements would apply to this development :
a. The front 20 feet shall be landscaped and maintained (measured
from the new property line dedication) .
b. Five foot landscape strip between the property line and any
parking.
C. Tree and shrub planting areas of a minimum eight feet in
width every 70 feet on center each way in parking areas.
4. The main focus of the redevelopment should be the appearance
from the public right-of-way (S.W. 72nd) . Therefore, once the
realignment has been ascertained , a landscape plan should be
presented for that area.
5. The proposed expansion is acceptable to staff in that the site
is zoned M-2 (General Industrial) and buildable land should be
utilized wherever possible. However, the building style and use is
professional in nature; therefore, staff feels that more landscaping
-should be retained around the front of the building and a main entry
areaVestablisbed. S M4 1 a,T 4mp
� ;ARy33-77 (Administrative Service Center)
September 8, 1977
Page 2
6. Landscaping along the north property line is negligible and
should be revamped.
7. The applicant should clarify the amount of back-up space avail-
able to the cars along the north property line. 24 feet back-
up is necessary, according to the code.
C
}
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Y
tSi€�
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LAKE
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0 EGO
1- P ....
i ••
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Y� R-1Q _
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k- :s1-P i
Mon _T77
R-4.51 _-
,�.��. a �, R -12 °! ( �
-P '
S3T� DEVELOPF-!vT Pi,,LT; ( -.
J
Site Flan Review
Tile No.
Architectural Review
--- Fee T;eCei1vnL-1 -�- -------- --
L i T ;receipt 7f
Date received
Ti€ard Plan.nin� Cor_niss_on. -� ---- —
12420 S-v, Fair St. , Ti`ard, Cr. 51223 Dy -
rc35-4171
Phase-2, Alterations and Additions to the
Project TT ti e Ad.,,.i n_ SPrvi ce Center-,-EIna t F i I Pd
Project Address —7150 S.W. Sandburg Road Tigard, Oregon 97223
Tax Map No. Tax Lot No. 03801 , 03900, 04100, 00700 -PT4
:h:ner/Dove- _per First State Bank of Oregon
Ned Takasumi
!.ddress 10888 S.E. Main Street, Mi lwaukie, Ore. 97222 1Eny,;,ne 653-3410
Oumer I s TeI eD'n:,ne
Signature -- —
Proposed i'se #BuilJints So. Ft.
Main fl , add. 7,878 sq.ft.
t Offices — One One Bsmt fl , add, 3 .664 s —ft.
ExistMain fl . 10,000 sq.t
Site Size 6. 14 acres Tot. Sq. Ft. Buildin=s Add. 7,878 sr,.ft.
Sq. Ft. or rc\ ir!e Add. 16,220 sq.ft. So_. Ft. of La_ -scaiD_nF7Add. 10, 160 s§A.ft.
Anticipated Deve=cprjent Late September 1977
Anticipated Development Phases -
Valuation $ 350,000.00
DO NOT WRITE hFLOW TNTS
Special Conditions - Dedications
Bonding ---- - --Other
Final inspection by - - _ -- -- Late —__- --
�xNia�,r_q
:e3
1 RICHARD W. NORMAN AIA ARCH1W
,w:,!l SEVEN THIRTY SOUTHWEST FIRST AVENUE
��'♦♦' PORTLAND, OREGON 97204 (503) 776-9581
•l:w
.Y"
Ell.
Gni
3 Tigard Planning Commission
12420 S.U. Main Street
Tigard, Oregon 97223
}�•'i
Re: Phase-2, Alterations and Additions to the Administrative
Services Center, First State Bank of Oregon.
. Dear Commissioners:
The Standard form for "Site Development Plan and Design Review"
does not seem to adequately cover the kind or amount of infor-
mation needed for this kind of project.
,3 For this reason, a short narrative may be helpful in your
deliberations. j
The total existing site consists of 6. 14 acres.
The building project and its immediate developed surroundings
will cover approximately 2.8 acres, of which, about 1 acre (360/.)
can be considered as landscaped; 1 .4 acres (500/) in paving; and
.4 acre (14%) is in building.
'~ The balance of the property may be developed in the future, as ,
shown on the Site Development/Master Plan, Sh. no. A-1.
Since the Additions will cover some of the existing landscaped
areas, as shown on the plans of the original landscaping, the s
trees and large plant material will be relocated, as noted on
the Site Development/Parking Plan, Sh.no.A-1 . and new plant ;
material installed at the East ends of the Additions.
A 11-11 main irrigation line has already been extended to the
South, under the existing paving, and this will be continued
further, to care for the relocated trees.
The building forms, materials, and colors are an extension of
4'Y the existing scheme.
I believe that a visit to the site, or color slides of the exist-
ing development could more accurately show the overall character
of the project, and the Additions are planned to continue that
.i theme.
4'iZcha
rely,rd W. Norman, AIA
August 24, 1977
#lair
PRELIMINARY DESIGN REVIEW
SDR 33-77 (Administrative Service Center)
September 8, 1977
The following items were noted by staff and should be addressed by
the applicant :
1. There seems to be a discrepancy as to property line location on
the site, particularly for the north lot line . The exact loca-
tion of all property lines should be researched and submitted
on the revised plan .
2. Right-of-way for the realignment of S.W. 72nd should be speci-
fied at 60 feet . This realignment should be approved by City
of Tigard Public Works Department and by the Washington County
Public Works Department . The applicant should also be aware
that slope easements might be necessary. A non-remonstrance
agreement for the improvement of S.W. 72nd will also be necessary.
( 3. The following code requirements would apply to this development :
a. The front 20feet shall be landscaped and maintained (measured
from the new property line dedication) .
b. Five foot landscape strip between the property line and any
parking.
C. Tree and shrub planting areas of a minimum eight feet in
width every 70 feet on center each way in parking areas.
4. The main focus of the redevelopment should be the appearance
from the public right-of-way (S.W. 72nd) . Therefore, once the
realignment has been ascertained, a landscape plan should be
presented for that area.
5. The proposed expansion is acceptable to staff in that the site
is zoned M-2 (General Industrial) and buildable land should be
! utilized wherever possible. However, the building style and use is
professional in nature; therefore, staff feels that more landscaping
should be retained around the front of the building and a main entry
areakestabl ished. X� QMT
PRELIMINARY DESIGN REVIEW
SDR 33-77 (Administrative Service Center)
September 8, 1977
Page 2
6. Landscaping along the north property line is negligible and
should be revamped.
7. The applicant should clarify the amount of back-up space avail-
able to the cars along the north property line. 24 feet back-
up is necessary, according to the code.
40
LAKE
lot
• p EGO
I *roe /
e
- P
All
1 I .. _-
ROA
I I RO.. _�
4W 14
R-12 •` -
vff
901
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: October 22, 1984 _ AGENDA ITEM Ji: �—
DATE SUBMITTED: October 16, 1984 PREVIOUS ACTION: None _
ISSUE/AGENDA TITLE: CPA 22-84
Comprehensive Plan Amendment Corner PREPARED BY:
of Scholls Ferry Road ___ REQUESTED by: Planning Commission
DEPARTMENT HEAD OK: _ y�' _ CITY ADMINISTRATOR: _ —
INFORMATION SUMMARY
It was brought to staff's attention by Mike Byers, Lead Plan Reviewer for the
LCDC, that neither Washington County nor the City of Tigard had assigned a
Comprehensive Plan designation to six lots west of the Krueger property on the
east side of Lower Scholls Ferry Road. Washington County and LCOC believe
that the City of Tigard should have Planning responsibility for those lots.
The City Planning Staff concurs. The area immediately adjacent to the east is
designated Medium High Density on the City's Comprehensive Plan Map. There
are existing single family residences on the lots marked with "X" on the
attached map. There is a total of 16.41 acres.
On October 2, 1984, the Planning Commission voted unanimously to recommend to
the Council that the Medium High Density Comprehensive Plan Designation be
assigned to the six lots. The October 2, 1984, Planning Commission minutes
are attached. Also attached is an ordinance which would adopt the Planning
Commission recommendation.
ALTERNATIVES CONSIDERED
1. Adopt the Planning Commission recommendation.
2. Assign an alternative plan designation.
SUGGESTED ACTION
Adopt the attached Ordinance approving the Planning Commission's
recommendation.
(EAN:cz/0717P)
TIGARD PLANNING COMMISSION
REGULAR MEETING - OCTOBER 2, 1984
1. Vice President Owens the the meeting to order at 7:35 P.M. The meeting
was held at the Fowler Junior High - LGI Room - 10865 SW Walnut.
2. ROLL CALL: PRESENT: Vice President Ownes, Commissioners Fyre, Butler,
Leverett, Peterson, Vanderwood, and Campbell.
President Moen (arrived 9: 15 P.M. ) .
ABSENT: Commissioner Bergmann.
STAFF: Director of Planning and Development William A.
Monahan (arriving at (9:30 P.M. ); Associate
Planner Liden; Associate Planner Newton (arriving
at 9:15 P.M.); and Secretary Diane M. Jelderks.
3. APPROVAL OF MINUTES:
o Commissioner Campbell moved and Commissioner Vander-wood seconded to
approved minutes of September 4, 1984, as submitted. Motion carried
unanimously by Commissioners present.
o Commissioner Peterson moved and Commissioner Fyre seconded to approve
minutes of August 22, 1984, as submitted. Motion carried unanimously
by Commissioners present.
4. PLANNING COMMISSION COMMUNICATION
o Commissioner Butler commented that he had been called at home
regarding item 5.1, Mallard Lake. Several other Commissioner had
also been called.
o Commissioner Vander-wood stated she had communication regarding item
5.10, the Richard Smith appeal.
5. PUBLIC HEARING
5.1 PLANNED DEVELOPMENT PD 4-84, ZONE CHANGE ZC 12-84, SUBDIVISION S 9-84,
VARIANCE V 15-84; WARDIN/FARR DEVELOPMENT/MALLARD LAKE NPO N 6
Request for a rezoning from R-4.5 to R 4.5 (PD), Planned Development
Detailed approval and Preliminary Plat approval for a 43 lot, single
family residential development, and a Variance to the maximum cul-de-sac
length of 400 feet to allow a 460+/1 foot length. Located: North of SW
Sattler St. between Launalinda Park and Scheckla Park subdivisions, (WCTM
2S1 11AD, lot 6500) .
o Associate Planner Liden reviewed the status of the application,
recommending approval with conditions. Discussion followed regarding
the wetlands/sensitive lands, density, and NPO N 6 comments.
PLANNING COMMISSIONER MINUTES October 2, 1994 Page 1
o Associate Planner Liden made staff's recommendation for approval
( adding that a more appropriate zone for the area might be IP, because
t on Sandburg Street, it was recommended that this
of the existing uses
issue be studied further in the near future.
APPLICANT'S PRESENTATION
o Richard W. Norman, Architect, 730 SW 1st Ave. , representing rWest,
e during
stated that apparently an error had been mad
ing the
Comprehensive Pldr' process because a plan had been submitted for this
site years ago. Discussion followed.
PUBLIC TESTIMONY
o No one appeared to speak.
PLANNING COMMISSION DISCUSSION AND ACTION
�t Commissioner Butler moved and Commissioner PeteCty rson seconded
une dldwito
forward the Comprehensive Amendment CPA 21-84
ve 4ZCo 14184 per staff's
recommendation of approval and to app
findings.
Discussion followed regarding zoning the property IP.
Motion carried unanimously by Commissioners present.
( 5.4 COMPREHENSIVE PLAN AMENDMENT CPA 22-84 CORNER OF SCHOLLS FERRY RD. NPO # 7
A request by the City of Tigard to assign the Medium High h Density
Residential Comprehensive Plan Map designation to land on the 1S
edge of the city, east of SW Lower Scholls Ferry Road.
Lots 301, 700, 800, 1300, 1301 and 1302)
o Associate Planner Newton explained why the City was placing the
Comprehensive Plan Designation on these properties and recommended
approval.
PUBLIC TESTIMONY
Beaverton, opposed being automatically
o Evelyn Karls, Rt. 1 Box 382, She also
brought into the City. (Staff explained she was not )traffic and
opposed the Medium High density because of the heavy
rred in that area. Discussion
number of accidents which have occu
followed.
PUBLIC HEARING CLOSED
CONMIISSION DISCUSSION; A,40 ACTION
o Consensus of the Commission was to support staff's recommendation.
* and Commissioner Owens seconded to forward
Commissioner Butler moved
Comprehensive Amendment CPA 22-84 to City Council Commissioners recommendation
of approval. Motion carried unanimously y
PLANNING COMMISSIONER MINUTES October 2, 1984 Page 5
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: October 22,.._ 1984 AGENDA ITEM ##:
DATE SUBMITTED: October 12, 1984 _ PREVIOUS ACTION: City Council
ISSUE/AGENDA TITLE: Insurance approved T.U. 13-83 on October 17, 1983
Associates Temporary Use _ PREPARED BY:
_ Extension TU 13-4 i REQUESTED BY: Insurance Associates
DEPARTMENT HEAD OK: CITY ADMINISTRATOR: _......_
INFORMATION SUMMARY
On October 17, 1983, the Tigard City Council approved a Temporary Use to allow
Insurance Associates to utilize a mobile office structure behind their office
at 12501 SW Main Street. As part of the permit approval, the Council also
stated Lhat Lhe applicant could apply for a one -year extension if the
applicant could provide proof that they are making progress toward completion
of their efforts to satisfy their space needs. Attached is a letter from the
applicant requesting the extension and providing justification. Also,
attached are the minutes from the October 17, 1983 City Council meeting.
ALTERNATIVES CONSIDERED
1. Approve the Temporary Use Permit extension.
2. Deny the Temporary Use Permit extension.
SUGGESTED ACTION
Approve the Temporary Use Permit extension.
(EAN:pm/0708P)
l
insurance Associates, Inc. (503)639-1126
This Firm is Independently Owned and operated
12501 S.W.Main St-
P 0 Box 23338
Tigard,Oregon 97223
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jiA Insurance Systems Unlim
..... .. Our Knowledge Is Your Best Insurance
1. Plan for utilization of s,)ace at the Crow site or seek other
space solutions.
2. Work through WCCLS to achieve a new 3-year serial levy to
include a county-wide computerized circulation system.
3. Explore and utilize where possible computer technology to
produce catalog cards and do in-library record-keeping tasks.
4. Develop the juvenile non-tiction collection.
5. Recruit a volunteer coordinator.
6. Develop a user survey dealing with aspects of library service
and programs.
1. Request additional 3L"" Lor FY 1984-85.
8. Rebuild the book budget to a more realistic level of FY
1984-85.
o George Anne Clingan, Assistant Librarian, discussed the reference,
service and collection development and their success with the
volunteer program.
o John Henshell, Associate Librarian, explained the children's services
program, giving highlights of the past year, noting special programs
and events. He reported the average children's book costs $10-00-
• City Librarian concluded the program and turned the meeting over to
the Library Board and Friends of Library for Council workshop.
b. Library Board/Council Workshop. Walt Munhall, Chairman of Library
Board, restated request to obtain a new facility for the Tigard
Library and hoped the November 8, 1983 issue would pass. He also
requested the City contact the Washington County Commissioners
regarding their rejection of the WCCLS levy. The Board feels
libraries are an essential service needed for education of people.
The library provides for youth and elderly and works for the
betterment of people in the community. He synopsized their effort in
trying to provide a library for the community and it appears the only
option left is the Crow site.
o Susan Mueller, Board Member, spoke to the spi e needs and need for
adequate facilities.
o Council thanked staff for their report and Board and Friends of
Library for attending the meeting.
5. INSURANCE ASSOCIATES TEMPORARY USE
a. PUBLIC HEARING OPENED
OPPONENTS
o Planning Director summarized memo and application noting that Council
must make findings that they have met one or more of the required
conditions under TMC 18.80.030. NPO #1 has recommended that the
application be denied for esthetic reasons. Planning Director
distributed copy of letter from adjacent property owner, Tigard
Cleaners, stating they have no objection to the temporary use permit .
PAGE 2 - COUNCIL MINUTES - OCTOBER 17, 1983
PROPONENTS
o Dan Berteuleit, co-owner of Insurance Associates, reviewed their
recent business merger and the need for additional space. He felt
Pt
eect on
ethe stheticsorfor Tigard.ary office spHeCereported notan
wase unaware of adverse thef f NPO #1
meeting.
o James R. Cole, partner for Insurance Associates , stated that in
their first step was to seek temporary office
merging the company
then -take a look at developing a pcemanent
space on the site and
site. They own other property in the City and may expand or develop
at the other site.
b. CROSS EXAMINATION
o Council and applicant discussed if there would be adequate parking if
a temporary building was moved on the site. Berteuleit responded
there was enough parking space.
C. STAFF RESPONSE
Planning Director stated in his opinion condition #5 un
a "Required
owich IS seeking
Conditions" of TMC is c olic onditloissuee for 1iCo ncilpto decide how long
approval. It would be a p Y
to allow the temporary use permit.
E
1. licant discussed the requested 2-year period of
o Council, staff and app
Id be shortened. The Code does not specify if an
time and if it coil
said there was no
extension is allowable. City Attorney pplicant
provision for renewal, but there was no reason why the app
could not reapply.
o Applicant requested letter from City stating they could reapply if
the proposed building was not ready.
d. PUBLIC HEARING CLOSED
o Council and staff discussed esthetics with Councilor Scott suggesting
the NPO and applicant meet and report back to Council. Consensus was
that the NPO had been not and were not present at Council
t this location.
meeting and esthetics is not a problem a
e. Motion by Councilor Cook, seconded by Chairman Brian, the temporary
use be allowed for a one-year period, with a letter of approval
stating the applicant will be able to apply for a one-year extension
if the applicant provided proof that they are making progress toward
completion of their efforts to satisfy their space needs. The second
year of use would be the maximum allowed, should it be granted.
Approved by 2-1 vote of Council present with Councilor Scott voting
NAY.
PAGE 3 - COUNCIL MINUTES - OCTOBER 17, 1983
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Mayor and City Council October 22, 1984
FROM: Jerri L. Widner, Finance Director
SUBJECT: RE-CAP OF MARY BURNAM REQUEST AND PRESENTATION BY BOB BRIGGS
-------------------------------------------------------------------------------
I understand that at the City Council meeting of October 8, 1984, your
decision was to allow the segregation of the street assessment on the Mary
Burnam property, but require that the payments be brought current first, and
begin foreclosure proceedings for nonpayment in January, 1985.
After receiving this message, I informed Mr. Briggs of Masters Company
Northwest Corporation of your decision. He requested that he be allowed to
discuss this further with you. He will be appearing this evening.
Mr. Briggs will request that you not require the payments to be brought
current. Mrs. Burnam has no money until her lots are sold. His company is
only willing to assist Mrs. Burnam in making her lots marketable if the City
will agree to segregate the street assessment and not require any payment
until the lots are sold.
It is still my recommendation that we segregate the street assessment by lot.
I don't think there is any problem in doing this.
The unanswered questions are the requirement of bringing the payments current
and beginning foreclosure January 1985. This is certainly your decision to
make. Mrs. Burnam has no income to pay the assessments until the lots are
sold. She cannot market her lots without the assistance of Mr. Briggs and his
company. Mr. Briggs would like you to consider his proposal at this time.
In any case, I do not recommend that Council give up its right to foreclose
for non-payment of the assessments.
I
MEMORANDUM
CI 1 Y OF T IGARD, ORFi;ON
TO: Mayor and City Council
October 18, 1984
FROM: Loreen Wilson, Deputy Recorder'•,
SUBJECT: Agenda Item No. 12.
Please bring your copy of material distributed in your packet of 10-8-84
regarding the Burnam Segregation issue.
lw/2068A
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: OCTOBER 8, 1984 AGENDA ITEM #:
DATE SUBMITTED: OCTOBER 4, 1984 PREVIOUS ACTION: n/a
ISSUE/AGENDA TITLE: SEGREGATION OF
BANCROFT ASSESSMENT REQUEST FOR PREPARED BY: J. Widner
MARY BURNAM PROPERTY REQUESTED BY: Masters Co. Northwest
DEPARTMENT HEAD OK: �LQ�i�v _ CITY ADMINISTRATOR:
asaaasazxasaaa:ssssxxaazaaa::x saa xsx xxaxxs=sx xax ea xx=sxax saxx xxxax axxsss_aa�ass
INFORMATION SUMMARY
The City of Tigard approved two local improvement districts for property owned
by Mary Burnam. The projects were for street and sanitary sewer
improvements. Mrs. Burnam Bancrof ted these assessments, however no payments
have been received by the City to date. When the sewer assessment was made,
it was allocated to 12 lots, but when the street assessment was made the
assessment was allocated to only one lot but divided into two amounts.
Mrs. Burnam would like to be able to sell her lots now with the assistance of
Masters Company Northwest Corporation, but is unable to pay any of her
assessments at this time. Normally, the City would require that before any of
the lots are sold that the Bancroft be brought current and then as the lots
are sold to pay off the balance. This would mean an up front cost of over
$65,000.00 for the street assessment. There is no cash flow to the property
at this time. Mrs. Burnam also has outstanding mortgages on the property that
are due.
The question is simple, will the City Council allow the staff to segregate the
street assessment to the 12 lots in the same manner as the original assessment
was done? The situation is this: Mrs. Burnam has no money to make her
installment payments until her subdivision is developed. She can't develop
her subdivision unless the assessments are paid. If the City Council agrees
to segregate the street assessment against each of the 12 lots, then as the
lots are sold Mrs. Burnam will be able to pay the assessments on each lot.
::asasaaaasaaaxxsaasaaa:asasaasxsxaxaaaaaaa xxax axaaxasaaasxaaaaax ssaxaxxaaaaaas
ALTERNATIVES CONSIDERED
1. Do nothing. Begin foreclosure proceedings on property in December.
2. Segregate street assessment, but require payments to be brought current.
3. Segregate street assessment and agree not to collect until each lot is
sold.
4. Segregate street assessment without giving up right to foreclose for
nonpayment, but agree not to foreclose for nonpayment for one more year.
aas asasaasaaassasassazzzaaasaaz:aasaaxa:sazzamasasazssaxsassaaxasaaaaaaasx:ssaa
SUGGESTED ACTION
I recommend that City Council consent to the following: Direct City staff to
segregate the street assessment to the 12 lots based on the same formula
r applied in the original ordinance. Further state, that the City does not give
'�. up its right to collect the assessments through foreclosure for nonpayment,
but will not proceed with this step until after January, 1986.
(0614F)
MASTERS COMPANY NORTHWEST
CORPORATION
3 Alt. Jefferson Terrace
Lake Oswego, Oregon 97034
(Top of Mountain Park,apining the Gazebo Restaurant)
Telephone:503-635-1441
FINANCING: October 2, 1984
Financing for
our customers
City Council
City of Tigard
12755 S. W. Ash
Tigard, OR 97223
HOMES:
Energy Efficient Dear Council Members:
and Solar
Re: Tax # LID 15 (28) Tigardville Heights Street/Property described as
2 South 1 11 BA Ta:, Lot #1000/Street Assesment
We would like to help Mary Burnam and all involved parties by paying off
OFFICE your interest in the above LID's as the now existing twelve lots are sold.
GC'1OOMI NI UMS_
7t If the Council will agree to amend the ordinance from the two assessed
lots to a proportionate amount for the twelve lots we will do this.
Respectfu y,
WHOLESALERS: MAST S CO ANY NOR ST CORPORATION
Bob T riggs, President
DISTRIBUTORS: BTB:bh
cc: Benjamin Franklin Savings 6 Loan
GENERAL
CONTRACTORS:
MOTELS
JOINT VENTURES:
BONDED• LICENSED 0 INSURED 0 REGISTERED
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MEMORANDUM /
CITY OF TIGARD, OREGON
TO: Mayor and City Council.
October 1.8, 1984
BobJean, r'ity Administrator I,�
1 ROM: V V
SUBJECT: Council Board and Committee/Departmental Workshops
Mayor Cook has asked that the Council stat a schedule for its Goal of meeting
in a "field" workshop outside the hearings room format with each of the Boards
and Committees/Depar•tmerits. The following is a listing for your response:
Budget Committee
Planning Commission
Parks and Recreation Board
Library Board
Economic Development
Transportation
Crime Watch Committee
CCI/NPO' s (#1-7)
Civic Center Committee
Municipal Court
Attorney's Office
City Administration
Police
Library
Finance 6 Services
Planning b Development
Public Works
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i
CITY OF TIGARD, OREGON
COUNCIL AGEND.. ITEM SUMMARY
AGENDA OF:
OCTOBER 22, 1984 AGENDA ITEM
DATE SUBMITTED:
October 17, 1984 PREVIOUS ACTION:
ISSUE/AGENDA TITLE:
VOLUNTEERISM REPORT REQUESTED BY: COUNCIL
i
f
i CITY ADMINISTRATOR:
DEPARTMENT HEAD OK: ,
ss:sasssaaaa-------sass s:ssssssasaaaaaasaaass xsc=sans_
INFORMATION SUMMARY
Attached please find a current volunteersim report through September 30,
1984. In the first column you.will find the 1983/84 totals through
June 30, 1984.
The "Other" category includes citizen helpers in Englewood Park, Genesis �
greenway and the T.C.Y.S. who've been helping with park clean-up this
fiscal year.
t
It may be of interest to you that many volunteers have come forward in
recent weeks as a result of ads on the Cable TV Reader Board and from
the Newsletter. Several are retired professional people who will be
valuable resources to draw on.
sssss:sssssssssssssssssssssssss:ssssasssassss:sa:ssasssssasaaassaaassssans:sssssss
ALTERNATIVES CONSIDERED
sssssss ss:sssssssssssasssss sssssss::sass=--------man-=s s aces......sa as s:a s s sass a s=a
CSUGGESTED ACTION
Receive and file
L
MEMORANDUM
( CITY OF TIGARD, OREGON
Date: October 179 1984
TO: 1101:0RABLE MAYOR AND COUNCIL
t
i
FROM: DONNA CORBET, EXECUTIVE SECRETARY !'
SUBJECT: NON/STAFF RESOURCES/VOLUNTEER REPORT
84 September 1984/85 Percent Change
1983/
Category 1983/ 4
BOARDS 6 175.00 500.75 -57
COMMITTEES 3511.50
VOLUNTEER625.00 -48
STAFFING 5183.50 313.00
FEDERAL736.50 + 158
l ASSISTANCE 1908.00 198.50
COMMUNITY 72,00 249.00 + 311
SERVICE 320.00
40.00 1261.00 + 624
OTHER: 808.00 �,_
lUrAL: 11,731.00 798.50
3372.25 114
15,000
14,000
13,000
12,000
11,000
10,000
9,000 a
8,000 x
7,000
C 6,00
5,000
4,0001
79/80 80/81 81/82 82/83 83/84 84/85
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: October 22 1984 AGENDA ITEM #: 71
DATE SUBMITTED: October 17, 1984 .__ PREVIOUS ACTION:
ISSUE/AGENDA TITLE:'
Non—Remonstrance Policv _ PREPARED BY: William A. Monahan
REQUESTED BY:
DEPARTMENT HEAD OK: _ A�I _._ CITY ADMINISTRATOR:
INFORMATION SUMMARY
Attached is a memorandum which attempts to clarify the City's policy on
requiring half street improvements and the means of assuring that a developer
will complete his obligations. Besides constructing the improvements
simultaneous with property development, the developer's options are:
1) Bond the improvements
2) Place the cost of improvements in a bank account which will. be
maintained until the improvements are made.
The language of the Code requires that a "future improvement guarantee" be
made. The staff interprets the language to mean that these are the only
options available to a developer. Non-remonstrance agreements are not an
option.
ALTERNATIVES CONSIDERED
1. The Council may adopt the staff interpretation of the City policy on
street improvements.
2. The Council may modify the staff's interpretation.
SUGGESTED ACTION
The staff recommends that the Council adopt the staff's interpretation
concerning street improvements.
0721P
C
MEMORANDUM
CITY OF 1IGARD, OREGON
TO: Members of the City Council October 17, 1984
FROM: William A. Monahan, Director of Planning and 'Development Awov-__
SUBJECT: Non Remonstrance Policy
Recently several property owners requested that the City vary its policy on
requiring quarantees of improvements when development takes place. chis memo
is intended to serve as a statement and clarification of what the present
policy is and what it means. If the Council agrees that the staff's
interpretation is accurate, the non-remonstrance policy should be ratified.
Section 18.164.030 of the Community Development Code provides for the
following:
18.164.030 Streets
A. No development shall occur unless the development has frontage
on approved access to a public street.
1. Streets within a development and streets adjacent to, shall
be improved in accordance with this Code.
2. In addition, any new street or additional street width
planned as a portion of an approved street plan shall be
dedicated and improved in accordance with this Code.
3. Where the City Engineer determines that a required street
improvement would not be timely, or where lack of support
by the other property owners would prevent a complete
street improvement, the City Engineer may accept a future
improvement guarantee in a form approved by the Public
Works Director.
In addition, Policy 8.1.3 of the Plan provide in part:
8.1.3 THE CITY SHALL REQUIRE AS A PRECONDITION TO DEVELOPMENT APPROVAL THAT:
a. DEVELOPMENT ABUT A PUBLICLY DEDICATED STREET OR HAVE ADEQUATE ACCESS
APPROVED BY THE APPROPRIATE APPROVAL AUTHORITY;
b. STREET RIGHT-0F-WAY BE DEDICATED WHERE THE STREET IS SUBSTANDARD IN
f WIDTH;
c. THE DEVELOPER COMMIT TO THE CONSTRUCTION OF THE STREETS, CURBS AND
SIDEWALKS TO CITY STANDARDS WITHIN THE DEVELOPMENT;
d. INDIVIDUAL DEVELOPERS PARTICIPATE IN THE IMPROVEMENT OF EXISTING
STREETS, CURBS AND SIDEWALKS TO THE EXTENT OF THE DEVELOPMENT'S
IMPACTS;
e. STREET IMPROVEMENTS BE MADE AND STREET SIGNS OR SIGNALS BE PROVIDED
WHEN THE DEVELOPMENT IS FOUND TO CREATE OR INTENSIFY A TRAFFIC HAZARD;
These Code and Plan sections apply anytime that a street improvement is needed
when development activity is proposed. Improvements are not required at the
time of development only when the conditions in section 18. 164.030 A.(3) are
met. These conditions state that the City Engineer must "determine that the
required street improvement would not be timely, or where lack of support. . .
would prevent a complete street improvement." If the City Engineer makes such
a determination he then may accept a "future improvement guarantee in a form
approved by the Public Works Director." The major issue is, what constitutes
a "future improvement guarantee" and, what is the meaning of "commit to the
construction"?
Applicants for development have maintained that a non-remonstrance agreement
would also serve this purpose. The City disagrees, based on an opinion of the
City Attorney's office. A copy of that opinion, dated 1/12/84, is attached.
A guarantee is a formal assurance that something is as represented or that a
specified act will be performed. Therefore, the guarantee must provide that
it is assured that the public improvements will be provided by the property
owner in accordance with City standards. The City staff propose the following
options:
1 . The developer may bond the cost of the entire improvement. The
bond must be maintained until the improvements are completed.
This option results in the developer paying bond carrying costs
as well as the actual improvement costs. The developer benefits
by delaying the allocation of funds to the improvement.
2. The developer may place the full cost of improvements into an
interest bearing account, The account would be co administered
by the applicant and the City. The applicant would not be able
to make withdrawals without the approval of the City. This
option allows the applicant to avoid bonding costs while holding
off on improvements until the City determines that an areawide
need exists. Benefits could include reduced costs due to
economies of scale. Also, the improvement could be better
planned to relate to the improvements of adjoining properties.
An option not recommended by the staff is the execution of a non-remonstrance
agreement by the applicant for a future local improvement district. Problems
associated with this are outlined in Attorney Brockman' s letter. In addition,
the primary method of utilizing non-remonstrance agreements relates to the
formation of local improvement districts (L.ID) . The whole question of the
availability of LID' s is now uncertain with Measure 2 pending. Even if
Measure 2 does not pass, the likelihood exists that future legislation or
referenda could pass which negates the value of any non-remonstrance agreement
executed now.
Therefore, the Council should take action to ratify the staff's interpretation
that a "future improvement guarantee" allows a developer• the option of bonding
all public improvements or creating a yepartLu joint bank account with the
City to hold funds for construction until the improvements are completed. The
language is not interpreted to allow the use of a nun-remonstrance agreement.
If the Council disagrees with staff, further action is needed to clarify the
intent of the Plan and Code language.
0721P
;v h l y
ATTORNEYS AT LAW �-
1727 N.W HOYT STREET TO Bob Jean, Frank Currie & till Monaha
PORTLAND, OREGON 97209
150312224402 FROM Adrianne Brockman
RE Nonremonstrance Aqreements
You have asked me to review a number of nonremonstrance agreements.
Recently, you have asked me to review a form entitled "Consent
to Annex to the City of Tigard and Waiver of Right of Remonstrance. "
The purpose of this memorandum is to raise what may be legal
defects with this process and to recommend that nonremonstrance
agreements be used as a last alternative. You should understand
that t am not siy11ing to the effect that a nonremonstrance
agreement is legally enforceable when I sign it as to form, but
rather that it is proper as to form. The question is whether
nonremonstrance agreements are legally enforceable and, in fact,
I am of the opinion that they absolutely are not enforceable if
they are not recorded. The following are the issues which I see.
You may wish to direct us to research the matter, but I want to
caution you that it will be time-consuming because this issue
has not been litigated, yet. It has not been litigated because
jurisdictions have "backed off" when it has come to the doorstep
of litigation. The issues are:
1 . Is the right to remonstrate a "right to vote?"
Certainly it has that effect because if the people
owning 66% of the property object to the project,
it is dead for at least six months. So, the right
to object is, in fact, a right to vote.
2. If the right to remonstrate is a "right t, vote, "
under the U. S. and state constitutions can the
city hold services, etc. as a hostage until the
property owner relinquishes or signs away the
right to vote?; and
3 . Under the constitution can you enforce a contract
with someone whereby the person has contracted away
their constitutional right to vote?
4 . Assuming the nonremonstrance agreement process is
legal with regard to the person who signs the
agreement, can I take away the right of some future
owner' s right to remonstrate? That is, if I sign
an agreement, can I bind the purchaser of my property
to a nonremonstrance agreement?
Hopefully, the above questions will assist you to see the possible
problems. Therefore, the city should not rely on the remonstrance
agreement as being anything more than a bluff. I am not suggesting
that you do away with the process because it may be legal . Rather,
you should use it but be conscious that we may not be able to
C enforce it.
a
AB:mch j
1/12/84 1
P
1
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Mayor and City Council
October 17, 1984
FROM: Jerri L. Widner, Finance Director
SUBJECT: SEPTEMBER DEPARTMENTAL SUMMARY ----------------------------
---------------------------------- -------
AC
-------------------
----------------------------
ACCOUNTING
Accounting concluded the field work with the auditors for the annual report-
, nowof
The new chart of accounts has been added to the computeruarteritrepo manor be
inputting data from July I. We expect the first q
completed within three weeks. The final double billing for the sewer was sent
out the first week of September.
SUPPORT SERVICES
rk is
A temporary court clerk has been hired to assist etstheibacklogle the cofrwork eup to
t recovering from surgery and is also helping to gth and
received
g the mn
date. The receptionist =ocessin tp hone c alls rsnowhas apart-timeemployeeo t ained
1982 walk-in contacts. Word p g
to operate the system.
ADMINISTRATION
The Bancroft Bond was sold September 11, 1984. Finance Director and City
ositions.
Recorder continued to cover for absent employees and vacantfo account
Finance Director has been reviewing transactions since July
number accuracy and has been working with the auditors to wrap up the details
for the annual report.
a �.
f, AARD LIBRARY
PUBLICPhone 839-9511 MONTHLY REPORT September 1984
12588 SW Main•Tigard. Or.97223
TO: Library Board
City Council
FROM: City Librarian
WCCLS: City Managers, librarians and WaGhineton County Cooperative Library
Service (WCCLS) staff held two meetings to identify issues which need to be
clarified and agreed upon in order pnue hasthe deteorminedtual the areaswement
hich
for county-wide library service. Thee group
rougroup
seem to be causing problems between members of WCCLS, WCCLS staff and Washington
gp ie
County administration. At itsthatoundereting 0regunhlawroserialcleviessarelthe
funding for WCCLS, concluding
best solution for libraries ifaccess
ssif itocthe bbelsupported separaot can be �elyAinoma-
tion was considered a primary g
case of the demise of WCCLS. Library development in the unincorporated areas,
Current
local autonomy and the role Sd
fWCCLS
scussedonatoaslwellr were also e
The next meetingis scheduled
use of library levy funds '3
for October 18.
ry received $1,453.57 for the annual state per
State Per Capita: The libra
capita allocation.
Volunteers: Twenty-two volunteers worked a total of 199.25 hours; 8.3 hours
daily average. Community sers
rvice persons worked a total of 27.5 hours;
average of 1 .2 hours.
Youth Services: September is traditionally a quiet month at Tigard Public
Library when no children's activities are planned and story
time is not held.
Volunteer story tellers continued to sign up at the library and so far six,
possibly seven, people will conduct a storytime. Three school groups visited
the library in September for tours. Two pre-school groups enjoyed a very
brief introduction to the library, library cards and stories. A 7th-8th
grade class from Gaarde Christian School began what is a weekly visit to
the library on Friday morning when the library is closed to the public.
WORK INDICATORS: September 1984 September 1983
5095 6911
Adult Materials 2329 2665
Juvenile Materials 7424 9576
Total Circulation
20 21
Days of Service 371 456
Average Daily Circulation --
Increase/Decrease Circulation 202% 385
Reference/Readers Advisory 330 684
Materials Added 31 188
Materials Withdrawn 144/116=260 189/85=274
Borrowers: New/Renewal
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: October _j�1984 AGENDA ITEM
DATE SUBMITTED: Octr - _16_L PREVIOUS ACTION:
ISSUE/AGENDA TIALF: Monthly_
September — Planningand Development PREPARED BY:
REQUE.S-11'1) BY:
DEPARTMENT HEAD OK: CITY ADMINisrRATOR:
!7 p.
INFORMATION SUMMARY
Attached is the monthly report for Planning and Development for September,
1984. Enclosed are:
Cover memo - including comprehensive Plan and Economic Development update.
Building Department
Planning Commission minutes and Planning Directors decisions.
Annexation Report
Code Enforcement Report
Economic Development Minutes
Engineering Division Report
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
Accept and place on file.
(WAM:cz/0701P)
MEMORANDUM
CITY OF TIGARD
TO: Members of the City Council
FROM: William A. Monahan, Director of Planning and Development
DATE: October 17, 1984
SUBJECT: Monthly Report - September, 1984
Attached please find ;.he Monthly Report for September prepared by the
Department of Planning and Development. Elements of the report are:
Building Division Report
Planning Decisions
Annexation Report
Code 7nforcement Report
Economic Development Committee Minutes - September 18 meeting
Engineering Division Report
Copy of Portland Sign Letter distributed ' ,) Candidates
Building Activity in August showed a slight increase in fees although the
number of permits decreased in single family co,istruction. In fact, the
amount of building fees received, was the highest in the past two years. A
list of commercial activity since July is contained in the Building Division
Report.
Following is a comparison of building activity for 1983 and 1984 through
September:
Through September 1983 Through September 19e4
Single Family Permits 188 149
Commercial Permits 15 40
Building Permit Fees $92,284.81 $93,445. 75
Plan Check Fees $53,619.80 $44,197.19
Plumbing Permits $26,945.85 $27,060.19
Mechanical Permits $4,266.44 $3,985.52
Sign Permits $1,255.00 $1,570.00
Valuation $19,310,320.00 $21,662,103.00
Comprehensive Planning - The City's plan and In Order to Comply materials are
being evaluated by LCDC. We ar- „ regular contact with LCOC staff as they
review the submittals. Our ack w1wigement hearing will be held in October.
Economic Development - The or.nittee met on September 18 to discuss
subcommittee responsibilities. There are no costs associated with the
Committee during September.
(WAM:cz/0076P)
MEMORANDUM
TO: CITY COUNCIL
FROM: PLANNING AND DEVELOPMENT DEPARTMENT
DATE: October 2, 1984
--UBjECT• Monthlv Report for month of SEPTEMBER - Building Division
September's building activities include permits for 2 signs, 13 single family
residential, 2 residential alter/repair, 7 commercial, 9 commercial
alter/repair, 3 fill, 1 reinspection, 1 storage, 1 demolition and site
grading for a total valuation of $4,730,200.00. King City permits include 2
new residential for a total valuation of $297,000.00.
Fees for 41 permits $2.2,641.69
Fees for 2 signs 50.00
Plumbing Acitivity - 38 2,567.60
Mechanical Activity - 28 482.50
TOTAL. . . . . . .$ $25,741.79
Sewer Connections - 44 $40,700.00
Sewer Inspections - 14 $ 550.00
Y
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S I G N P E R M I T S September 1984
CONTRACTOR ADDRESS ____...__ _ VALUATION
King Torg's 1.2.750 SW Pacific Hwy. 2,400.00
Southland Corporation 7-11 13235 SW Pacific Hwy. N/A
Total 2,400.00
I�
COMMERCIAL ACTIVITY SINCE JULY 1981
Fiscal Year 84-85
Month Applicant Potential Address Valuation Sq-Foot
July 84 Westwood Retail Store 11705 SW Pac. Hwy. $746,000. 26,240
July 84 Westwood Rax Restaurant 11701 SW Pac. Hwy. $207,000. 3,550
Aug. 84 Hall Baptist Church 14125 SW Hall Blvd $220,000. 8,162
Aug. 84 Pac Trust Comm. Building 16250 SW Upper Bn. $651,000. 38,300
Aug. 84 Pac Trust Comm. Building 16505 SW 72nd $826,000. 48,612
Sept. 84 Trammell Crow Tilt-Up Bldg. 11950 SW Garden P1 $788,800. 46,400
Sept. 84 Joseph Hogan Shell Only 11225 SW Greenburg $ 51,000. 2,950
Sept. 84 Sentrol Inc. Tilt-Up Bldg. 10575 SW Cascade $999,600. 58,800
(0590P)
,a
TIGARD PLANNING COMMISSION
REGULAR MEETING - SEPTEMBER 4, 1984
1. President Moen called the meeting to order at 7:38 P.M. The meeting was
held at the Fowler Junior Nigh - LGI Room - 10865 SW Walnut.
2. ROLL CALL: PRESENT President Vanderwood Moen;Bergmann,l Leve ett wand Butler,
CampbellB
ABSENT: Commissioner Peterson.
STAFF: Director of Planning and Development William A.
Monahan (arriving at 9:30); Associate PI-11. --s
Keith S. Liden, and Secretary Diane M. Jelderks.
3. APPROVAL OF MINUTES:
• Commissioner Bergmann moved and Commissioner Owens seconded to
approve the minutes as submitted. Motion carried by majority vote
of Commissioners present. President Moen abstained.
4. PLANNING COMMISSION COMMUNICATION
• There was no communication.
i
5. PUBLIC HEARING ?
5.1 NPO APPLICATIONS REVIEWED
• Commissioner Owens moved and Commissioner Vanderwood seconded to
recommend to City Council to appoint Sandra Leihn to NPO N 2 and
Naida James to NPO 03.
i
Motion carried by unanimous vote of Commissioners present.
5.2 SUBDIVISION S 6-84 / W.L. SAWYER/CECIL BOONE PARK NPO #5
Request to subdivide a 2.37 and 0.29 acre parcels into 22 lots, located
Northwest corner of Durham and gist Avenue (WCTM 2S1 12CC, Lots 1800 and
1802.
• Associate Planner Liden made staff's recommendation for approval
with 11 conditions.
• Ryan O'Brien, representing the applicant was available for
questions.
• Discussion followed regarding the vacation of SW 81st, public
improvements, access to Durham, and a turn around on gist and
Boone Street.
PUBLIC TESTIMONY
• No one appeared to speak.
PLANNING CONMIISSION MINUTES SEPTEMBER 4, 1984 PAGE 1
PUBLIC HEARING CLOSED
• Commissioner Butler, Fyre, and Leverett felt that a condition was
needed for the Fire Department to review the project for a
turn-around.
• Commissioner Vanderwood was concerned about access from 79th to
Durham Road. Discussion followed.
Discussion followed.
s Goir.Tslssionwr Butler moved, Coamiissioner Bergmann seconded to
approve S 6-84, Cecil Boone Park, with the following conditions:
1. Standard half-street improvements including 24-foot pavement
widths, sieewalks, curbs, street lights, and driveway aprons
shall be provided along th 81st Avenue frontage and the Bond
Street extension. Full-street improvements on Boone Street
including a temporary turn around at the west end shall be
installed.
2. Seven (7) sets of plan-profile improvement construction
plans and one (1) itemized construction cost estimate,
stamped by a registered civil engineer, detailing all
proposed public improvements shall be submitted to the
City's Engineering Division for review.
3. Construction of proposed public improvements shall not
commence until after the Engineering Division has issued
approved public improvement plans (the Division will require
posting of a 100 % performance bond), the payment of a
permit fee and a sign installation/streetlight deposit.
Also, the execution of a street opening permit or
construction compliance agreement shall occur prior to, or
concurrently with the issuance of approved public
improvement plans.
4. Street plugs, one foot in width, shall be provided to the
satisfaction of the Engineering Division on Boone and Bond
Streets.
5. The 813t Avenue improvements shall be required as far south
as the southerly subdivision street. The remaining portion
of the right-of-Tway to Durham Road may be vacated.
6. A City of Tigard approved Non-remonstrance Agreement
regarding future improvements along the Durham Road frontage
shall be recorded with Washington County and returned to the
Planning Department prior to issuance of building permits or
change in property ownership.
7. Necessary survey work shall comply with the following:
A v.!rt-*c:1 Datum shall be City of Tigard (N.G.S. 1929).
All existing and established (temporary) bench marks in
the vicinity of the project shall be shown on the
construction drawing.
PLANNING COMMISSION MINUTES SEPTEMBER 4, 1984 PAGE 2
b. Compliance of 18.160.160 (all) with the following
exception:
18.160.160 A.2
Capped 5/8" X 30" Iron Rods on surface of final
lift will be acceptable.
NOTE
18.160. 160 8.1
City of Tigard Primary Control Surveys (CS. # 19,947 6
20,2.?3) Local-ground coordinates exist for all
stations. State plan coordinates not required. City
can make transformation given local coordinates.
C. Compliance of 18.160.190 (B)
d. All storm and sanitary lines shall be placed in
positions that DO NOT interfere with centerline
monumentation.
8. The subdivision will contain a maximum of 22 lots.
9. Additional right-of-way shall be dedicated to the City along
th 81st Avenue frontage to increase the right-of-way to 25
feet from centerline. The description for said dedication
/ shall be to the street centerline. The legal description
l shall be approved by the Engineering Division and recorded
with Washington County . Also, additional right-of-way shall
be dedicated as necessary to accommodate half-street i
improvements along the northern boundary of the subdivision.
10. After review and approval by the Planning Director and City
Engineer, the final plat shall be recorded with Washington
County and a mylar copy of the recorded plat shall be
submitted to the City Engineering Division within 15 days of
recording.
11. This approval is valid for the period of one year from the
final decision date.
Motion carried 6-2. Commissioner Owens and Vanderwood voting no. �.
5.3 APPEAL OF SDR 12-84 WESTERN INTERNATIONAL PROPERTIES NPO Its
Appeal of condition for construction of industrial buildings and related
facilities on three parcels. Property zoned I-P (Industrial Park).
Located Northwest corner of 72nd and Tech Center Dr. (WCTM 2SI IDC Tax
Lots 700 and 800).
e Associate Planner Liden reviewed the appeals noting that staff
concurred with the applicant that the sidewalk was not necessary
on the north side because of a previous letter. Discussion
followed regarding the .:a_walk and RR crossing.
• Commissioner Butler asked if policy 11.5.1 had been applied to
this application. Discussion followed.
PLANNING COMMISSION MINUTES SEPTEMBER 4, 1994 PAGE 3
• Alan Fox, Representing Western International Properties reviewed
changes they were proposing to protect the residential area.
• Bob Rossi, landscaper for the applicant, reviewed the Landscaping
Plan.
• Alan Fox continued his presentation regarding the condition
requiring the railroad crossing.
• Bruce Magnuson, David Evans and Associate, reviewed a railroad
crossing application submitted in 1981 by Kittleson/Brown.
• Alan Fox continued how they did not feel they should be required
to pay for installation of the railroad crossing.
rred to
cy
•
Sharon Taka
nas buffer. The poli'cy0has,beeneviolated ands 5
should
fora50footbe
upheld.
PUBLIC TESTIMONY
• Pat Hermanson, 7530 SW Cherry, owner of property behind Belknap,
explained problems which they have experienced. She was
concerned
that the new development would only add to the problem.
wanted to know what assurance they would have that the residential
area would be protected. Discussion followed.
• John Torpling, 7430 SW Cherry, concerned for buffering and favored
the 50 feet.
• Mr Fredrich Jensen, 7450 SW Cherry, commented that he had attended
the meeting between the applicant and the NPO. He commented on
existing violations and the lack of protection for the residential
area. He supported a 50 foot setback. He wanted to know when the
sewer would be installed, what
of fencing.yard He lightswould
to lbe' assured
access, and the possibility
of adequate screening within two years.
REBUTTAL
• Mr. Fox responded to concerns of the residents. He noted the
building is set back 50 feet from the property line and how they
had complied with requirements of the code. Questions and
discussion followed between applicant, staff and Commissioners.
PUBLIC HEARING CLOSED
COMMIISSION DISCUSSION AND ACTION
• Commissioners Leverett, Fyre, Vanderwood, Campbell, Owens, Butler,
Bergmann did not feel the RR crossing should be constructed by the
applicant. President Moen felt that the applicant should assist
I with half of the construction but would concede.
• Lengthy discussion regarding the setback, installation of the
sewer, and sidewalk.
PLANNING COMMIISSION MINUTES SEPTEMBER 4, 1984 PAGE 4
• Commissioner Fyre moved and Commissioner Leverett seconded to
approve the first appeal for a variance to the sidewalk not
required the RR crossing, and table 2nd appeal regarding
landscaping and setback. Discussion followed.
Motion failed 6-2, Commissioner Leverett and Fyre voting yes.
• Commissioner Butler filed by and Ca ole 1ssioner Owens Stewart, based seconded n Setion
to
accept the appeal
18.68.050 C.,4 of the Community Development Code and policy 11.5.1
C 1 and 2.
Motion carried unanimously by Commissioners present.
• Commissioner Fyre moved and Commissioner Leverett seconded to
accept Western International's appeal as submitted based on
information supplied and testimony given.
Motion carried by majority vote of present, Commissioner Butler
voting no.
5.4 PLANNED DEVELOPMENT PD 3-84 THE FOUNTAINS AT SUMMgERFIELD NPO #6
Continued from August 7, 1984 Planning Commission meeting.
• Associate Planner Liden reviewed history of the development and
changes which have been proposed since the last hearing.
APPLICANT'S PRESENTATION
• Vlad Voytilla, 15300 SW 116th, supported staff's presentation and
was available to answer questions.
PUBLIC TESTIMONY
• PhiI Pasteris, NPO #/6 Chairman, stated a meeting had been held and
items of concern had been worked out.
• Dave Atkinson, 10460 SW Century, member of NPO #►6 and Summerfield
Association member, supported the proposal adding there were some
items which would be worked out between the applicant and the
Summerfield Association.
PUBLIC HEARING CLOSED
• Associate Planner Liden added the following requirements:
1. Requirement for additional right-ofy on Naeve Road.
Half street improvements to minor collector.
2. Condition N5, "add "e" sewer line public maintained".
Owens moved and Commissioner Vanderwood seconded for conceptual
approval of PO 3-84 with the following conditions:
1. Seven(7) sets of plan-profile public improvement
construction plans and one (1) itemized construction cost
estimate, stamped by a registered civil engineer, detailing
all proposed public improvements shall be submitted to the
City's Engineering Division for review. 5
2. Construction of proposed public improvements shall not
commence until after said Division has issued approved
public improvement plans (the Division will require posting
of a 100% performance bond), the payment of a permit fee and
a sign installation/streetlight deposit and also, the
execution of a construction compliance agreement shall occur
prior to the issuance of approved public improvement plans.
3. Vertical Datum shall be City of Tigard (N.G.S. 1929). All
existing and established temporary bench marks in the
vicinity of the project shall be shown on the construction
drawing.
4. Compliance of 18.160.160 (all) with the following exceptions:
18.160. 160 A.2.
Capped 5/8" X 30" I.R. 's on surface of final lift will be
acceptable.
5. The on-site sanitary and storm system shall be maintained by
the homeowners associate except for the main sewer line
serving the project. The 8" publicly maintained line shall
have corresponding easements that are acceptable to the
Engineering Division.
6. All sewer laterals serving more than one unit will require a
joint maintenance agreement to be approved by the
Engineering Division and recorded with the plat.
7. The storm and sanitary manholes at the north end of 114th
Avenue shall be encompassed by public easements.
8. The on-site drainage ditch(s) shall be constructed to
provide for ease of maintenance (wide b shallow, grass
lined) and public safety.
9. The detailed plan shall be submitted for the Planning
Director's approval prior to issuance of building permits.
Said plan shall include the following modifications:
a. Revised landscaping plan which is consistent with the
visual clearance Chapter 18.102 of the Code.
b. Buildings shall be relocated to meet the setback
provisions of the R-20 zone.
10. The existing stub street off of 109th Avenue shall be
vacated and maintained by the Homeowners Association.
11. The project may be developed in phases for up to seven years
from the date of detailed approval. A new application shall
be required after seven years have passed, or if major
i modifications including a recreational facility are proposed.
PLANNING COMMISSION MINUTES SEPTEMBER 4, 1994 PAGE 6
12. Additional requirement for 30 feet Right-of-Way from center
line will be required for Naeve Road, and shall have
half-street improvements to a minor collector.
Motion carried unanimously by Commissioners present.
5.5 PLANNED DEVELOPMENT (PD 4-84) SUBDIVISION (S 9-84) ZONE CHANGE (ZC 12-84)
VARIANCE (V 15-84) MALLARD LAKE/DAVID FARR/FARR DEVELOPMENT CO/WARDIN
• Associate Planner Liden reviewed the application and made staff's
recommendation for approval with 11 conditions. However, other
items need to be discussed susch as density and sensitive lands.
Also, other conditions would need to be added.
• APPLICANTS PRESENTATION, Bill McMonagle, 8905 SW Commercial,
stated the Ponds could be filled in if necessary to create 70500
square foot lots. He wanted the proposal approved so they could
begin the work.
• David Farr, 9520 SW Beaverton Hillsdale Highway, spoke in favor of s
the application.
PUBLIC TESTIMONY
• Phil Pasteris, NPO N6 Chairman, stated that the livability of the
area was their concern not the ponds. He reviewed the difficult
time he had getting adequate opportunity to review this project
and requested it be postponed. r
1
• Lengthy discussion followed. Consensus of the commission was that
the project should be reviewed by the NPO and the Park Board.
• Commissioner Owens moved and Commissioner Vanderwood seconded the
motion to table this item until October 2, 1984; it is to be the
first item on the agenda, with direction to have the application
reviewed by the NPO and Park Board.
Motion carried by majority vote. Commissioner Leverett abstaining,
because he is an abutting property owner.
6. OTHER BUSINESS
• Discussion regarding 2nd meeting. Meetings to be held on October
2nd and October 3rd if necessary.
7. MEETING ADJOURNED 11:05 P.M.
i
Diane M. Jelderks, Secretary
ATTEST:
A. Donald Moen, President
(03:bs/0631P)
PLANNING COMMISSION MINUTES SEPTEMBER 4, 1964 PAGE 7
Place Under City of Tigard Logo
LOT LINE ADJUSTMENT M 7-84 JOSEPH & MARY HART/EDITH CARNAHANparcels
NPO 8 2
wo
The Director has approved wit arc 1 iof 015.89 andu 3.92 acresu ands pr perties
of 15.53 and 4.29 acres into p
zoned R-4.5 (Residential 4.5 units/acre)0Located:1S10934AC,1 lot 2300). North
Dakota St., Tigard (WCTM 1S1 34DB,
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ado finding of facts, decision and statement of 127551 SW nAsh a P•Oe
The adopted artment, Tigard City Hall,
obtained from the Planning Dep
22,
Box 23397, Tigard, Oregon 97223. The decision this decisions in accordance with
1984. Any party to the decision may app
18.32.370 of the Community Developmentt
ler
ection 18.32.290(A) and section may be filed within 10 day
notice
which provides that a written appeal
is given and sent. The deadline for filing of an appeal is 4:30 P.M. October
ill be De Novo.
22, 1984. The hearing on an appeal w
III,-
TT
ISTT Publish Ocober Q, 1984
Place Under City of Tigard Logo
MINOR LAND PARTITION MLP 5-84 ROGER BELANICH
The Director has approved with conditions a request to partitiona 53,845
sq. ft. parcel into three parcels of 8,754, 30,094, and 15,047 sq. ft. on
property zoned C-G (Commercial General). Located: 10765 SW Greenburg Rd.
(WCTM 1S1 35BC lot 200).SITE DEVELOPMENT REVIEW SDR 23-84 HOBART VERMILYE
The Director has approved with conditions a request to renovate lan
existing building to accomodate a fitness facility, sports medicine
clinic, and deli on property zoned CBD (Central Business District)
Located: 12215 SW Main Street, (WCTM 2S1 2AA lot 5500).
HOME OCCUPATION PERMIT HOP 9-84 John C. Mituniewkz
The Director of Planning and Development has approved, NPO #1
Home Occupation Permit for an office for pest control inwthe home iato10195
SW Hillview Street (WCTM 2S1 2CC Lot 2000).
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The adopted finding of facts, decision and statement of conditions can be
obtained from the Planning Department, Tigard City Hall, 12755 SW Ash, P.O.
Box 23397, Tigard, Oregon 97223. The decision shall be final on August 6,
1984. Any party to the decision may appeal this decision in accordance with
section 18.32.290(A) and section 18.32.370 of the Community Development Code,
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 4:30 P.M. August
6, 1984. The hearing on an appeal will be De Novo.
TT Publish Ocober 4, 1984
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CODE ENFORCEMENT ACTIVITIES
FOR MONTH OF SEPTEMBER 1984 — ED WALDEN
9/2/84
(a) Answer phone two hours on complaints and what the Code Requirements
are.
(b) Three hours on investigation of fills in sensitive lands area, 72nd,
;10;, McDonald, Ash, Tigard Ave.
(c) Investigated noise complaint, 1 1/2 hours at Tigard Plaza.
(d) 1 1/2 hours on investigation of Truck Parking and Excessive noise on
Lincoln Street.
9/13/84
(a) Investigated parked vehicles and possible illegal use of same as
living quarters. Tigard and North Dakota. Two hours.
(b) 1 1/2 hoL'. 3 on complaint of large truck parking on Sattler and Hall
Blvd. complaint by Mrs. Blakesly .
(c) One hour on complaint of fence and drainage in Englewood Subdivision.
( (d) One hour on Complaint of mobile home being used on lot as living
quarters . Mountainview Lane area.
(e) Two hours on Invetigation of fill in Sensitive Lands Area.
(f) 1/2 hour on dust located on Pfaffle Street.
9/20/84
(a) Two hours noise complaint at Tigard Plaza, about repair of Lawn
mowers etc.
(b) 1 1/2 hours investigated complaint of water drainage from Midas
Muffler, gave report to Planning Director.
(c) Two hours on phone answering complaints.
(d) 2 1/2 hours Business License investigation.
9/27/84
Three hours on Telephone with complaints
Two hours on Sensitive Lands complaints
CTwo hours on dirt in roadways.
One hour on miscellaneous problems.
O720P
CODE ENFORCEMENT
FOR MONTH OF SEPTEMBER 1984 — BRAD ROAST
I
9/11/84
Business License 4 hours
Sensitive Lands 1/2 hour
Hazards 2 hour-
Miscellaneous 1 1/2 hours
9/18
Business License 1 hour
Signs 3 hours
Hazards/junk 2 hours
Miscellaneous 2 hours
9/25/84
Business License 4 hours
Junk 2 hours
Signs 1 hour
Miscellaneous 1 hours
0720P
TIGARD ECONOMIC DEVELOPMENT COMMITTEE
Minutes, September 18, 1984
7:30 A.M. - Pioneer Pies Restaurant
Members Present: Mark Padgett, Chairman
Amo De Bernardis
Ton /Orlandini
Pat Kennedy
Bruce Clark
Staff: William A. Monahan, Director of Planning and Development
Diane M. Jelderks, Secretary
Guest: Alan Fox, Western International
Chairman Padgett called the meeting to order. The minutes of August 15, 1984,
were approved as submitted.
William Monahan explained that the Economic Development Action Plan was
presented to City Council by Mark Padgett. Mark commented that the Council
was concerned that the Committee would become co-applicants in their advocacy
role. Discussion followed.
Bill Monahan suggested that the Subcommittee Leads for the 4 target areas be
the appointed members from that area; Toni Orlandini, downtown; Jim Corliss,
Tigard Triangle; Bruce Clark, Cascade Blvd. ; Bob Williams, 72nd Ave. .
Mark Padgett suggested that Pat Kennedy and Bob Nunn be the Subcommittee Leads
for Uniqueness of Tigard/Realtor Contact and that Amo De Barnardis and himself
be the Leads for the Advocacy Subcommittee/Education of public. Discussion
followed regarding the Mayor being a designee. Mark would discuss with the
Mayor to see how he feels.
Discussion followed regarding the responsibility of the subcommittees, which
would be to recruit assistance. Assistance could come from property owners,
realtors, and other citizens who could provide the committee with information,
gather data, and contact for people to talk with who are interested in moving
into the city. It was determined that it would be okay for a member of the
subcommittee to have a vested interest. Also, the Subcommittee Leads are to
report back on people who they have contacted to assist.
Discussion followed regarding recruiting volunteers for the subcommittee and
what their status would be. It was decided to change the term "subcommittee
memberships" to "Resource Leads".
Bruce Clark showed plans being proposed by the Tigard Water District. Bill
Monahan explained the code and zoning problems involved and that the NPO
opposed the proposal. Discussion followed. Amo and Bruce supported the
proposal with screening for the pipe storage.
Economic Development Minutes 9/18/84
ME_M0 h nND1JM
CITY OF TIGARD
TO: William A. Monahan, Director of Planning and Development
FROM: Randy Clarno, Engineering Services Manager�, &-
DATE.: October 10, 1.984
..._ O O
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JUtlJtl.l ���yiliidC� L��y
Personnel Time Spent in Area
I. Public Works Department Support
A. Interim improvement projects
1 . S.W. O'Mara Street (support completed)
7. S.W. Franklin Street (support completed)
; . S.W. Ash Avenue
B. Other Projects
1. S.W. Bonita Rd. slide repair (support completed)
2. Fanno Creek Park
3. Annual Street Overlay (support completed)
-- 10%
CI. Planning and Development Activities
A. Development Application Review 8%
for Engineering Standards.
B. Public Improvement Permits (plan 34%
check, construction inspection and
project administration
C. Processing legal forms, citizen 6%
assistance and other agency assistance.
D. Special Project Activity 16%
1. Field Control Network and
computer aided Base Mapping
2. Development Services Policies 6%
E. Other Activities
1. Planning and Building Support 10%
2. Administrative 5%
3. Vacations, sick leave, etc. . , 5%
PLANNING AND DEVELOPMENT TOTAL 90%
F. Project fees and collected
1. Public Works Service Fees
a. Streetlight fees $ 472.32
b. Sign Fees _p_
TOTAL 472.32
2. Engineering Service Fees
a. Street and Sewer Permit Fees $1,369.92
Ff
MEMORANDUM
CITY OF TIGARD
TO: All Political Candidates in Tigard
FROM: William A. Monahan, Director of Planning :and Development
DATE: August L9, 1984
SUBJECT: Political Signs
With the November election season fast approaching, I would like to make you
aware of the Tigard code provisions which relate to political signs. Tigard
allows signs which promote or appose a candidate or measure in an election
without requiring a sign permit. Any signs placed on properties, however,
must comply with Section 18.114.060(B)(1) of the Tigard's Community
Development Code. The Code provides that any signs:
"1. Shall be erected on private property with the consent of the lawful
possessor of the property and shall not be placed on utility poles
or in the public right-of-way.
In addition, the total square footage of signage per land parcel cannot exceed
six square feet in a single family zone. The standard sign is roughly 2.6
square feet in size, therefore, on the average only two or three signs in
total are allowed per lot. The code also provides that signs on residential
lots must be spaced at least fifty feet apart while on non-residential lots
they must be spaced at least 30 feet apart.
I am appealing to you to take steps to insure that no signs to be erected for
your campaign violate the City's sign code. Please be advised that should
violations of the Code occur, the Building Division may be forced to
confiscate any signs which are in violation of the code. The Tigard City
Council has expressed concern that City resources should not be expended to
correct a problem which easily can be controlled by individual candidates.
I appreciate your cooperation in this matter.
Sincerely,
William A. Monahan
Director of Planning and Development
(WAM:cz/0599P)
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POLICE DE:PARgT4E- `1' MONTHLY REPORT _
September, 1984 —�
(Third Quarter Recap)
TO: City Administrator/City Council
FROM: Chief of Police
I. Personnel
T;,e dtz!parunent is down once from full strength tr: ironttr. The patrol
position left vacant when an officer resigned ha,. riot been filled yet.
Our new dispatcher failed to make probation, !:nit this vacancy was
filled by our current police intern.
The average daily department strength this month was 15.9 as compared
to 16.5 for September 1983. By division, the breakdown is as follows:
Administration 1.6; Support Services 3.9; Patrol 7.7; Traffic 1.1 and
Investigation 1.7.
II. Service Deliver
The department responded to 549 non-criminal calls for service in
contrast to 516 calls in September 1983.
The combined total non-criminal calls for service the first 9 months of
1984 was 5,650; for this same time period in 1983 the total was 4,650.
Patrol Division's obligated time, was 1,840.2 hours; for the first 9
months it was 17,205.1. The non-obligated time this month was 396.8
hours; for the third quarter it was 4,397.3 hours.
III. Crime
There were 102 Part I crimes reported this month as compared to 123 for
September, 1983, down by 21 crimes in this classification, or 17.1%.
There were 21 Part I crimes cleared this month, or 20.6%.
The total Part I crimes reported this third quarter was 784 in contrast
to 919 for this same period last year, a decease of 14.7%.
The clearance rate for Part I crimes this third quarter is 33.5%, or
263 cases. In contrast to the same time period in 1983, 30% were
cleared, or 276 cases.
The department responded to 50 Part II crimes, and 29 were cleared, or
58.0%. For the same month last year, 59 were reported and 29 %ere
cleared, or 49.1>0. There were 43 persons charged this month as
compared to 45 for this same time period last year.
The total Part II crimes reported this third quarter was 680 in
contrast to 593 reported for this same time period of 1983, an increase
of 87 cases, or 14.7%. There were 432 Part II cases cleared this third
quarter, or 63.0. During this same time period in 1983, 269 cases were
cleared, or 45.4%.
The Investigative Division worked <"I active cases this month, and
cleared 5, or 18.5% of their active cases. The total active cases
worked this third quarter by the Investigative Division was 247, of
that number 118 cases were cleared, or. 47.8%.
The reported property loss was $57,252, and $17,158 was recovered, or
30%. The combined total property loss for this first 9 months was
$569,303; of that total $134,696 was recovered, or 23.7%.
IV. Traffic
FauOi L1ViJi01-1 lt_SpIJnUC-V LV 27 C11,111It:11L5, Vl 1,11UL 11lAliU.X:l
9 Wul tr
injury. There were 368 citations issued, as compared to 208 for this
same time period last year. In addition, 359 warnings were given this
month as compared to 35 in September, 1983. The enforcement index this
month was 32.66, as compared to 17.55 for September, 1983. The
enforcement index for this 9 months is 40.10 in contrast to 19.92 for
this same time period in 1983.
V. Police Reserves
The Reserve Unit worked 241 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. See attached monthly
report from the Reserves for a comple'.o breakdown of their activities.
Through the first 9 months of this year, the Reserves spent a total of
1,878 hours of community service.
VI. Special Assignments
A. K-9 Recap (see attached report)
B. Motorcycle Program (see attached report)
C. Alarms and Permit Recap (see attached report)
VII. Training
A. Advanced Officers School. Officer Harburg received 40 hours of
training at the Police Academy, attending the Advanced Officers School.
B. LEDS Conference. Support Services Manager Carrick attended a 2-lay
workshop in Salem, attending the Law Enforcement Data Systems workshop,
receiving all the current updates and changes to this system.
Also at this conference, Officer Merrill was invited by LEDS staff to
participate in a panel discussion, in order for him to give the
officer's viewpoint of what the LEDS system means to him, and what
changes would be helpful to the officer on the street.
C. Firearms Training. All sworn personnel received quarterly firearms
training, each spending approximately 2 hours for a total of 42 man
hours.
i
VIII. cam►unity Relations
A. captain Jennings gave 2 tours of the police department, one to a
group of 9 day care center students; and the second to a group of 10
Cub Scouts. He spent approximately 1 hour with this detail.
yR IB Adams
Chief of Police
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CITY OF TIGARD, ORBGON
MEMORANDUM
TO: Chief of Police October 3, 1984
FROM: Lt. Wheeler
SUBJCT: Police Reserves
The Reserve Unit of the Tigard Police Department has 15 authorized positions,
and currently we have as follows:
1 Lt. Reserve Commander
1 Sgt. Assistant Conmander
7 Reserve Officers
We are currently taking applications for Reserve Officers who will be
processed and brought on line by December, and start the Clackamas County
Reserve Academy on January 1, 1985.
Each year we begin recruiting applicants for the Tigard Police Reserve Unit in
the early fall. They are processed, and those who qualify are identified,
sworn in, and then they begin their training with the Clackamas County Reserve
Academy which is conducted annually, beginning at the first of each year.
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COMMENTS
K-9 MONTHLY REPORT
September, 1984
The K-9 team operated at full strength during the month of September, 1984
with all three K-9s on line, Buck, Joey and Major.
There were 27 calls the K-9 team members responded to during the month of
September, 1984. Of the 27 calls, there were 9 building searches conducted,
10 track calls, 7 area checks, and 1-bomb search made.
During the searches and tracks that were made, there were 13 successes,
whereby evidence was found as a result of the tracks, and in 1 case, a suspect
was located and arrested by the responding K-9 units.
r
The total time spent on the above calls was 9.66 hours; total training time by
all K-9 team members was 28.5 hours.
There was one outside agency requested call by the Lake Oswego Police
i
Department that resulted in a location and arrest of a suspect.
I
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Lt. Robert J. Wheeler
Patrol Division Commander
C
MOT,ORCyCLE TRAFFIC UNIT REPORT
September, 1984
F
i
During the month of September, 1984 there were 27 traffic accidents; 9 injury,
18 non-injury. This is a 3.6% decrease over September, 1983, which had 28
total accidents, 9 of which were injury and 19 non-injury. This is a 58.3%
reduction in injury accidents.
This compares with the same number of injury accidents as September, 1983;
however, we reduced total accidents by 1 accident, or 3.6%.
Of the 27 accidents this month, 15 or 55.5% were investigated by the Traffic
Units.
Enforcement index this month is 32.66 as coipared to 17.55 for the same period
� last year.
Traffic Unit issued 95 hazardous, 53 non-hazardous, for a total of 148
tal 368 traffic citations written by the
citations, which is 40.2% of the to
entire police department.
Lt. Robert J. Wheeler
Patrol Division Caonanler
t
ALARMS AND PERMIT RE-CAP
Month of SERIUVIBER, 1984
Totals from: 1/1/84 - 9/30/84
THIS SAME MONTH % L451
TOTAL 96
MONTH LAST YEAR CHANGE AR LAST YEAR CHANGE
TOTAI. ALARMS- 68 60 + 130 _ 442 + 5%
a. False. . . . . . . 66 57 + 15$ 434 + 4%
b. Bonafide.. . . 2 3 - 33% _ - 8 +100%
Permits Issued. . . . 8 6 + 25% 64 70 - 8%
Permits Renewed. . . 55 55 0 141 105 + 34$
Permit Fees.. . . .. . $800 $660 + 17.5% $2,465 $2,485 <- i%
Permits Revoked. . . 1 3 - 66% 29 25 + 16%
Revoked Fees. . ... . $60 $255 - 76% $1,820 $1,925 - 5
TO'T'AL PERMIT SYSTEMS: 287
MONTHLY SUMMARY STATEMENT:
Since the June 84 Six-Month Recap report, there has been an increase in alarm
systems installed and permitted of 7%. In conjunction since January 1, 1984 to
date, there has been an overall increase of 30% in alarm systems installed and
known to the City. This is significant in that there is only a 4% overall to
date of false alarms compared to last year at this same date.
+k
POLICE DEPARTMENT
CONSOLIDATED MONTHLY REPORT
FOR
MONTH OF �SEPITMER 19 84
DISTRIBUTION OF PERSONNEL
AVERAGE
NUMERICAL STRENGTH DAILY ABSENCE I� AVERAGE EFPECIIVE SIRENGTH
End of Same This Same This^Last Same
this Month Month Month Month Month Month
Month Last Last Last
Year _� Year I Ycai
TOTAL PERSONNEL 27 29 11.1 12.5 15.9 16.0 16.5
CHIEF'S OFFICE 3 3 1.4 1.4 1.6 1.8 1.6
SERVICES DIVIS. 6 7 2.1 2.9 _ 3.9 3.8 4.1
PATROL DIVISION 13 14 5.3 5.8 7.7-1-7.4 8.2
TRAFFIC DIVIS. 2 2 .9 .9 i.l 1.4 1.1
INVEST. SECTION 3 3 1.3 1.5 ! 1.7 1.6 1.5 J
FORCE ONE 13 14 5.6 6.4 7.4 7.6 7.6
FO( TWO 9 8 4.1 3.0 _ 4.9 4.8 5.0
FORCE THREE 5 7 1.4 3-1_! _3.6 3.6 3.9
CHANGES IN PERSONNEL DAILY AVERAGE PATROL STRENGTH
1. Present for duty end of last month 28 This Same Month
Month Last Year
2. Recruited during month 0
1. Total number. field
3. Reinstated during month 0 officers 15 16
Total to account for -- 2. Less Agents Assi.g-
4. Separations from the service: ned to Investigat. 0 0
t
(a) Vcluntary resignation 0 3. Average daily abs-
0 ences of field off-
icers owing to:
(c) Resigned with charges pending 0 (a) Vacation, cusp-
1 ensi-an, day, off, 4
(d) Dropped during probation comp, time, etc. 6.0 6.2
(e) Dismissed for cause 0 (b) Sick & Injured .1 .2
(f) Killed in line of duty 0 (c) Schools, etc. .1 .3
0 Total average daily }
(g) Deceased absences 6.2 6.7
Total separations 1 r 8.8 9.3
5.( -esent for duty at end of month 27 4. Available for. duty
TICAI-U) POLIU DEPART IE-NT
Monthly Report
I. Calls for Service: This Month 1,096 Year to Date 11,085
A. Obligated Time 1,840.2 B. Non-Obligated Time 396.8
Ii. PART I CRIMES Na. Cleared Arrests
A. Flor,.iicide
C. Robbery 1
D. Assault 1
E. Biirgla-ry 4
F. Larceny 61 16 16
G. Auto Thef t 2
Ar:,oxi
TOTA 1 102 21 1.9
III. PART 11 TOTALS 50 29 24
TOTAL - Part I and 11
152 50 43
IV. TOTAL PERSONS CHARGED: 43
a. Adult Male 21 C. Juv(-nile Mal(: 10
b. Adult. Female 7 d. Juvenile
V. WARRANTS SFlw1,,D 10
VI. TOTAL, Pl-',OPER'I'Y LOSS $- 57,252 TOTAL P11OPi:,RTY RECOVERED 17,158
VII. TRAFFIC
a. Accidents Investigated 27 Injur., Accidents 9 Fatal 0
b- Citations: VBR (Speedin,-,) 83 Yield Ric-fit of Way- 4
Following too CloseO Red Light 47 Stop Sign 24
lirp-oper Turn 11 Reckless Drivin- I
Car( lc 5:--, Driving 6 vin- ljm!cv Llic Inf luet-.c(- 1
Driving VIii-Ile Suspended 14 Other Hazardous 103
No-i-Ilazardous 74 Total Hazardous 294
C. Enforcement Index 32.66
d. Traffic Enforcement Totals
Citations: This Ho-nLli This Ycar 368 Year to Date 3,816
This Month Last Year 208 Last Year to Date2156
Warning-_ This Month This Year 359 Year to D.-4tc 3480
This Month Last Y ea r 15 Last Year to Date
NOTE: )'art I Crimes (Major Crimea) Clearance Ratc 20.6%
Part 11 Crimes (NITInor Crimes) Clearaure Rate
TIGARD POLICE DEP1''RTY_E\,T
9 MONTH ReporL
< I. Calls for Service: 11,085 _
t A. Obligated Time 17,20'.1 1>. Non-Obligated Time 4.397.3
II. PART I CRIMES No. Cleared Arrests
i
A. Homicide
B. Rape
C. Robbery 17101 10
D. Assault 15 v lU --- 8.
j E. Burglary - 261 71 - q0 -
F. Larceny 448 _164 140
G. Auto Theft — -
H. Arson
Totals
784 263_—_ —= 204
III. PART II TOTALS 680 432 373
TOTAL - Part I and II
1,464 _ 695 =_ 577
IV. TOTAL PERSONS CHARGED: 577
a. Adult Male 316 c. Juvenile Male 134
b. Adult Female 88 d. Juvenile Female 39
V. WARRANTS SERVED 99
VI. TOTAL PROPERTY LOSS $ 569,303 TOTAL PROPERTY RECOVERED $134,696
VII. TRAFFIC
a. Accidents Investigated 261 Injury Accidents- 60 Fatal 0- _
b. Citations: VBR (Speeding) 783 Yield Right of Way—Li—
Following
ay61Following too Close 28 Red Light 413 Stop Sign .301
Improper Turn 105 Reckless Driving 7
Careless Driving 78 Driving Under the Influence 59
Driving While Suspended 146 Other Hazardous 425
Non-Hazardous 1,410 Total Hazardous 2,406
c. Enforcement Index 40.10 -
d. Traffic Enforcement Totals
Citations: 3,816
(� Warnings: 3,480
NOTE: - Part I Crimes (Major Crimes) Clearance Rate 33.5%
= - Part II Crimes (Minor Crimes) Clearance Rate 63.5%
PUBLIC WORKS OPERATIONS /
FUEL USED
September 1984
DATE: 10/2/84
Gallons Monthly
Usinit Dept. Gallons X yr-to-date $ Amount Account Number
PWWW 317.0 i49 929.9 10-02120-urii
PWST 191.8 .090 592.3 10-02130-611
PWSS 33,7 .01 99.0 10-02 150-611
PWP 92.4 .04 357.3 10-02140-611
ADM 12,6 ,006 56.4 10-03200-611
ENC. 71.0 .03r 255.8 10-02400-611
BLDG 87,5 .04 267.8 10-02220-611
PD 1, 193.8 .56 3,668.9 10-01120-611
r PD 80,7 .03 301.0 10-01130- 611
t
Floater
Cars 46.9 .02 134.6 10-03200- 611
TOTALS 2, 127.4 6,663.0
GALLONS' IN: 2,025.0
GALLONS OUT: (2, 127.4)
ii"t
NET:
> > 1 +
+
CC : Frank Currie f� � +
Jerry McNurlin
Capt . Jennings 1 1 +
3t
Sgt . Neaman +
Cindy Cranston +
+
+
) ,J t
i
1 'l 4
PUBLIC WORKS OPERATIONS
Date. Sept. 1984 Maintenance Report
YEAR TO DATE
CURRENT MONTH (Sept) 1984 PWO PD TOTAL
PYO PD TOTAL —
57.71 6.50 64.21 143. 10 64.78 207.88
Oil
_0_ 548.96 548.96
41.08 720.84 761 .92
Tires
Maint.
Labor
Maint. 231.78 7 0 8
Parts 49.8 15.36 65.24
Repair
Labor
Repair 3.11
1.10
Parts 779.0 251.18 1,030.25
Outside 234.05 106 45 40.5
Re a it 48.00 38.95 86.95
FUEL 1,017.1 1,429.62 2,446.75 3 271.37 4 425.78 7 697.15
TOTAL
1,951.7 2,290.57 4,242.36 • 7 032.48 6 463.61 13 496.09
CC: Frank Currie
Jerry McNurlin
Lt . Wheeler
Capt . Jennings
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MONTHLY REPORT cjTYOf TjGA■..-
WASHINGTON COUNN•OREGON
DATE:--
ATE 10/9/84 For the month of:Se_PLa , LgB4
WASTEWATER' 2. 1.2 f, n hrs Storm Drain Repairs
140.0 hrs T.V. inspection 51.0 hrs Community Service Labor
62.0 hrs Sanitary Sewer Clean
19.0 hrs Storm Drain Clean
72.0 hrs Smoke Test
11.0 hrs Catch Basin Maint.
9.0 hrs Manhole Repairs
4.0 hrs Flooding Maint.
2.0 hrs Ditching GREEN THUMB LABOR
STREETS: 2.1.3
25.5 hrs Street Cleaning
27.0 hrs Patching
45.0 hrs Painting S Street Mark. 18.0 hrs Sign Maintenance
59.0 hrs Sign Maintenance
79.5 hrs Brushing b Limbing 10.0 hrs Brushing 6 Limbing
28.0 hrs Grading b Rocking
211.5 hrs Grading b Rocking
3
PARKS: 2. 1.4
8 21.0 hrs Mowing
5.0 hrs Mowing
5.5 hrs Irrigation
23.5 hrs Restroom Maintenance
39.0 hrs Restroom Maint.
1.0 hr Ballfield Maintenance
10.5 hrs Building Maintenance 6.0 hrs Ballfield Maintenance
4.0 hrs Rec. Equip. Maintenance
17.0 hrs Landscaping 12.0 hrs Landscaping
3.0 hrs Trail Maintenance 4.0 hrs Construction
30.0 hrs Construction
40.0 hrs Community Service Labor
SUPPORT SERVICES: 2. 1.5
30.0 hrs PM on Equipment
220.25 hrs Scheduled Repair
20.5 hrs Unscheduled Repair
.5 hr Tire Service
27.5 hrs Fabrication
11.5 hrs Road Service
11.75 hrs Building Maintenance
10:75 hrs- General-Support
7.0 hrs Community Service Labor
OPERATIONS OFFICE: icnic tables and
Town S Country Days donated $650.00 for the building of p
playground equipment.
n October 8th, doing repair work on Fanno
The Lions Club spent a work day o
Creek bridge and painting it.
12755 S.W. ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171
F
CITYOF TI1FARD
September 26, 1984 WASHINGTON COUNTY.OREGON
Bill Giebel, District Engineer
Oregon pppartment of Transportation
2131 SW Scholls Ferry Rd.
Post Office Boz 565
Beaverton, OR 97005
Dear Bill:
The attached letter from Mr. Rolve, owner of Canterbury Square, will serve to
solidify the local position in regards to the type of facility to pursue at
the intersection of SW Canterbury Circle and 99W. As you and I have
discussed, the need for at least a pedestrian crossing signal is evident and
is supported by warrants. A full traffic signal to accomodate the signalized
control of vehicles on 99W in both directions, and on SW Canterbury Lane as
well as a new entrance into the Canterbury Square Shopping Center is also
warranted.
It is our belief that improved access and increased vehicle and pedestrian
safety can be accomplished by coordinating the installation of traffic signals
with a new access into Canterbury Square, and the elimination of the
• "frontage" road access at SW Bull Mountain and possibly at SW Gaarde Street as
well.
The City of Tigard would request that the Oregon Department of Transportation
begin to evaluate this project first as a four way signal, and second as a
solution to the "frontage" road access problem at Bull Mountain, and possibly
Gaarde.
A response as to the ODOT process and timing would be helpful in our
determinations at the local level.
Thank you for working closely with us on this issue in considerable importance
to the safety of the citizens of Tigard, and the surrounding area.
Sincerely,
Frank A. Currie, P.E.
Director of Public Works
/(FAC:br/01765)
12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171
rcouE PO.Box 1270 503/661-5514
SAWCHAIN 2202-6 N.W Birdsdale
Gresham,Oregon 97030
COMPANY
SEP 2 4 1984
City of Tigard
P. O. Box 23397
Tigard, Oregon 97223
Attention: Mr. Frank A. Currie, P.E.
Director - Department of Public Works
"-Ate.. Re: Canterbury Square traffic signal
20 September 1984
Dear Mr. Currie:
Thank you for your patience during the time delay when we were
trying to get together. My travel schedule has been absolutely
horrendous.
The purpose of this letter is to go on record that Canterbury Square
Shopping Center is very interested in pursuing the possibility of
having a four-way traffic signal installed at Canterbury Lane.
Obviously before making a final commitment we would want to know
the costs involved and if these costs can be financed through a LID
and could the state funds allocated for the Frontage Road-Pull
Mountain Road be transferred to this project.
Please keep us informed as to how this project is proceeding and
let us know if we may be of any assistance.
Very truly yours,
G. C. Kolve
GCK/Is
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: _ _ AGE.NDA ITEM #:
^ATE SUBMITTED: 10/12/84 PREVIOUS AGIION: Acceptance of Cash
ISSUE/AGENDA TI:TLF: _Releasin_. _Bond Escrow Agree.._ & Compliance Agree.
Funds for Cash & Escrow Agreements _ PREPARED BY: Bob Thompson _.
for Century 2.1 Properties/Brittany REQUESTED BY: Century 21 6 Engineering_
Square 1.8
DEPARTMENT HEAD OK: _ j_ _._ CI1Y ADMINISTRATOR:
INFORMATION SUMMARY
Century 21 Properties Inc. ContracLor has completed several il.ems within
Brittany Square I .B. We are now able to release funds from their Cash Bond
Escrow Agreement (Performance Bond) in Lhe amount uF $79,560.00 Fur these
items.
Site Preparation 4060
Curb 7640
Street 21220
Sanitary Sewer 24960
Storm Sewer 7280
Water _14400
Total 79550
We will still be holding $45,440.00
ALTERNATIVES CONSIDERED
Do not release monies until. all work has been completed and accepted by the
City.
SUGGESTED ACTION
It is recommended that the City Council authorize First Security Realty
Services (West) release to Century 2.1 Properties, Inc. the amount of
$79,560.00 by authorizing the Mayor and Recorder to execute the attached
Release Authorization letter.
(RE:pm/0706P)
J
i
Century 21 Homes
North Coast Plaza
7160 SW Hazel Fern Rd.
PO Box 1408
Tualatin, OR 97062
RE: Brittany Square No. 2
Gentlemen:
In the matter of the original One Hundred Twent -Five Thousand Five Hundred
Dollars and no/100 (5125,500 letter of commitment between Century
21
Homes, Inc., the City of Tigard, and First Security Realty a Servicesportion ofesthe
t)
this is to serve as official notice to allow releasing
Letter of � FivenHund eddand Sixtamounth Dolla su ereby and no/100 orized to b 79 560 0O is Sevent
e released
Nine Thousand
The amount to remain entrusted to First Security Realty Services (West) to
assure the City that all remaining requirements of said subdivision are
completed, shall be Fort -five Thousand Four Hundred and Fort Dollars and
'
no/100 -024-5,4-24-0-0-0
This notice shall not be construed it isumerely llify otermsr alter the
an authorization to release
aforementioned Agreement in any
a portion of entrusted mon'e
CITY OF TIGARD,.OREGON
BY:
y
BY: _
�y city Recorder
(RT:pm/0706P)
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: toZZ-?j4- AGENDA ITEM #: 7
-
DATE SUBMIIVED: October 16, 1984 _ PREVIOUS ACTION: None
ISSUE/AGENDA TITLE: Authorization
to execute in behalf of City PREPARED BY: —
Crossroads Subd. Compliance Agreement REQUESTED BY: Engineering Services
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
INFORMATION SUMMARY
1. Crossroad Subdivision is located near the intersection of Hall Blvd, and
Durham Road, behind the Plaid Pantry Store.
2. The attached (standard form) Subdivision Compliance Agreement and
Performance Bond have been executt?d by the developer and by the developers
surety and have been submitted to the City in compliance with one of the
conditions of preliminary plat approval set by the Planning Commission.
3. The two documents provide assurance that the subdivision wil.1 be
constructed in accord with City Subdivision Standards.
4. It is recommended that the Council accept the Performance Bond and
authorize the Mayor and City Recorder to execute the Subdivision
Compliance Agreement in behalf of the City .
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
Accept the Performance Bond and authorize the Mayor and City Recorder to
execute the Subdivision Compliance Agreement, for Crossroads Subdivision, in
behalf of the City.
(0709P)
SUBDIVISION COMPLIANCE AGREEMENT
THIS AGREEMENT dated the — day of 6e-To6E7C , 19 B4
between the CITY OF TIGARD, a municipality of Oregon. hereinafter termed the
"CITY", and Pacific Frontier
hereinafter termed "Petitioner".
W I T N E S S E T H :
WHEREAS, Petitioner has applied to the City for approval for filing in
wnsiin5tan runt„ a -whdivision plat known as Crossroads located in Section
Township outh Range I West.
Willamette Meridian, Washington County, Oregon; and
WHEREAS, the City has approved and adopted the standard specifications for
Public Works construction by APWA Oregon Chapter and the Unified Sewerage
specifications for the sanitary sewers prepared by professional engineers for
subdivision development; and
WHEREAS, the public improvements required to be constructed or placed in
Petitioner's development are incomplete, but Petitioner has nonetheless
requested the City to permit progressive occupancy and use of property in the
subdivision, and the parties desire hereby to protect the public interest
generally and prospective purchasers of lots in said subdivision by legally
enforceable assurances that the public improvements will be installed as
required and completed within the time hereinafter set forth.
IL
NOW, THEREFORE, in consideration of the foregoing premises and the
covenants and agreements to be kept and performed by the Petitioner and its
sureties, IT IS HEREBY AGREED AS FOLLOWS:
(1) Petitioner shall proceed with the development, with the intent and
purpose to complete all public improvements except sidewalks and street trees
of said subdivision not later than two (2) years from the date of this
agreement, and Petitioner is hereby bound to comply with all subdivision
standards as set forth in said Subdivision Ordinance and the standard
specification adopted by the City of tigard, or as may be otherwise approved
by the Public Works Department and to use only such material and to follow
such designs as may be required to conform thereto. Petitioner shall provide
certification of installation conformance, via a registered civil engineer, to
the City prior to City inspection of petitioners improvement work for City
tentative and final acceptance consideration.
(2) To assure compliance with the City's requirements and the provisions
hereof, Petitioner tenders herewith to the City a surety bond in form approved
by the City, with liability in the amount of $ 263.733.90 a copy whereof
hereto attached by this reference made a part hereof.
(3) In the event that Petitioner shall fail, neglect or refuse to proceed
with the work in an orderly and progressive manner to assure completion within
the time limits, upon ten (10) days notice by the City to Petitioner and
Petitioner's sureties, and such default and failure to proceed continuing
46 thereafter, the City may at its option proceed to have the work competed and
i
- 1 -
charge the costs hereof against Petitioner and Petitioner' s sureties and in
the event same be not paid, to bring an action on the said bond to recover the
amount thereof. In the event such action be brought, Petitioner and
Petitioner' s sureties promise and agree to pay, in addition to the amounts
accruing and allowable, such sum as the court shall -adjudge reasonable as
attorney' s fees and costs incurred by the City, both in the Trial Court and
Appellate Court, if any, or the City may, at its option, bring proceedings to
enforce against the Petitioner and/or Petitioner' s sureties specific
performance of the contract and compliance with the subdivision standards and
ordinances of the City of Tigard, and in such event, in like manner, the City
shall be entitled to recover such st_im ag thn court shall adjudge roasonable as
and for the City' s attorney' s fees and costs, both in the Trial Court and
Appellate Court, if any .
(4) Petitioner, concurrent the with execution hereof, has deposited with
the City an amount estimated to equal rental and maintenance fees with respect
to the street lighting facilities within the subdivision, according to
Portland General Electric Schedule H91, Option "B", together with a further
sum equal to the estimated cost of providing electrical energy to energize the
street lighting facilities for a period of two (2) years from the date of
initial energizing of said lights. Said amount being $ 1 ,254.53
(5) The City agrees to make and provide periodic and final inspections
which in the City' s interest are desirable to assure compliance herewith, in
consideration whereof the Petitioner has paid prescribed inspections fees.*
(6) The City agrees to install street identification and traffic signs
within the said subdivision, in consideration of payment in the amount of
$ 295.00
(7) At such time as all public improvements except sidewalks and street
trees within the subdivision have been completed in accordance with the City's
requirements, Petitioner shall submit a "certificate of installation
conformance" to the City to notify the City of the readiness for acceptance
consideration inspection and upon notification by the Department of Public
Works that the requirements of the" City have been met, the Petitioner will
submit to the City a good and sufficient maintenance bond if not already
provided with the performance bond, form approved by the City, in the sum of I'
$ 52,746.78 to provide for correction of any defective work or
maintenance becoming apparent or arising within one (1) year after tentative
acceptance of the public improvements by the City.
Upon receipt of certification by the Department of Public Works, that all
requirements have been met, and a One Year Maintenance Bond, the City Council
agrees to tentatively accept the public improvement subject to the
requirements for correction of deficiencies and maintenance for a period of
one year as hereinabove set forth.
(8) That in addition to or supplementary of the requirements of the
City's Subdivision Ordinance and the provisions hereof, Petitioner binds
itself to conform to the following requirements, scheduling and limitations:
*Project Fee $ 7.723,32
�. Sewer Fee s 490.00
2 —
(a) None of the lots of Petitioner's subdivision as described may be
occupied for residential purposes until an occupancy permit is issued under-
authority
nderauthority of the City and no occupancy permit shall be issued prior to the
acceptance of the subdivision and to the time that the sidewalk paralleling
the street for each developed lot proposed to a occupied, is installed as a
part of the development; provided that all sidewalks as required by the plans
and subdivision code shall be installed throughout said subdivision not later
than 3 years from the date of this Subdivision Improvement Contract.
(b) All landscaping trees on that portion of each lot between the
Public sidewalks and the curb (parking area) is required, shall be planted in
place prior to final inspection and issuance of occupancy permit for, each such
lot in the suWivisiun. Provicir,d thaL final inspection and applicant. for
occupancy permit occurs within any calendar month from October to April of any
year, such plantings may be deferred until the next following growing season.
In any event, all landscaping and trees in all areas shall be planted and in
place within the entire subdivision within three (3) years from the date of
this subdivision improvement contract.
(c) After tentative City acceptance of the public improvements , the
Petitioner agrees to place a one (1) inch asphaltic concrete Class "C" overlay
on all roads within the development; placement scheduling to be approve by the
City.
(d) Compliance with all terms and provisions specified theretofor
said subdivision development by the Council and the Planning Commission of the
City of Tigard, Oregon, in regard to variances allowed from the subdivision
ordinance, conditions specified by the zone use classification and, also, on
the approved plat(s) and plan(s) .
(e) Petitioner agrees to provide for correction of any defective
work and/or maintenance becoming apparent or arising during the guarantee
period as hereinabove set forth.
(9) At such time as all public improvements have been completed in
accordance with the City ' s requirements, Petitioner shall notify the City of.
the readiness for final inspection and upon certification by the Department of
Public Works that all requirements of the City have been met, the Council
agrees to accept said improvements for operation and maintenance
responsibility, thereinregard, and release the Petitioner's guarantee bond .
(10) The parties hereto hereby adopt the form of performance bond, copy
whereof is hereto attached and by reference made a part hereof, and Petitioner
agrees to cause to have said bond executed and filed with the City
concurrently with the execution of this agreement at or prior to the time this
agreement is executed on behalf of the City .
(11) The specific requirements of Paragraph 9 hereof shall for all
purposes be included as a part of the obligation secured by the aforesaid
performance bond and the City shall be entitled to recourse thereto in the
event of default on the part of the Petitioner with respect to any requirement
thereof.
— 3 —
IN WITNESS WHEREOF, Petitioner acting by and through its duly authorized
undersigned officers pursuant to resolution of its Board of Directors has
caused this agreement to be executed, and the City acting pursuant to
resolution of its Council adopted at a meeting thereof duly and regularly held
on the ,*Ia- day of 0 C toj�e•p 19 has caused this
agreement to be executed by its Mayor and Recorder.
Pa ific Frontier hood Markets, Inc.
By: I _ Grua- �C:i. � -Ac
B y:
E CITY OF TIGAR OREGON
' Mayor
By:
uq;ui kA Recorder
STATE OF OREGON )
) ss.
County of M111tnnmah ) On this R day of October ,19&4-
before me appeared Steven P. Mozinski and
Judith R. Cruz both to me personally
known, who being duly sworn—, did say that he, the sa-iU Steven P Mn7.in-,I,
is the President, and he, the said Judith R. Cruz
is the Secretary Of Pacific Frontier Wo d
In-
the within named Corporation, and that the seal affixed to said instrument is
the corporate seal of said Corporation, and that the said instrument was
signed and sealed in behalf of said Corporation by authority of its Board of
Directors, and Steven P. Mozinski and Judi
acknowledged said instrument to be the tree act and deedOt said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my
hand and affixed my official seal the day
and year last above written.
i
Nota y I
u is or Oregon.
My Commission expires 11128/87 -
4 -
SUBDIVISION PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS, that we
PACIFIC FM;rlhR WOOD MF , INC an Oregon co
nAnv
as nc pa , an us ness
a corporation duly au or ze to con rcjointlyeand severally held
in the State of Oregon, as Surety,
bound unto the City of Tigard, Oregon a municipality of the State
of Oregon, hereinafter called the Obligee, in for tum pay nen o
63 733-90
lawful money of the United States of America,
sveral
which we,
as
ses,incipal, anoursors andead as ssignsnfirmlydbye
theselpresent.
bind THE CONDITIONS OF THIS BOND AND OBLIGATION IS SUCH, that
the Principals are platting ar regon, an entering
subdivision located in the C o g
into a subdivision compliance agreement with the Obligee herein,
and upon acceptance of said plat and compliance agreement, the
Principals shall make all improvements required by the City of
Ordinances
Subdivision aaortnts
as describedsaid coplianceagreeentll which are, by
reference, made a part hereof,
NOW, THEREFORE, if the Principal herein shall faithfully
and truly observe and comply with the terms of the agreement and
shall well and truly perform all matters and things undertaken
to be performed under said agreement and shall promptly make pay-
in labor or material for any of the
pay-
ments to all persons supplying lien or
work provided by said agreement, and shall not permit any
claim teshallfiled
bervoidSeotherwiseagainst
remainthe
in fulleforcethen
andis
obligation
effect.
In the event of suit or action be filed by the Obligee
hereunder to enforce said contract or to recover under the terms
of this bond, in addition to all other rights and remedies here-
under the City, in the event it shall prevail, shall be entitled I
to recover such sums as the Court may adjudge reasonable as and
for attorney's fees.
IN 1�►ITNESS WHEREOF, the parties hereto have caused %this
194 .
bond to be executed this 12th day of October 1984
bond
By: (seal)
name o corpora on ,
By.• (seal)
By: s en
BY: (seal)
By:
re ary
jn �trial Indeimity any
(Corporation acknowledgement of Surety,
corporate principal and a true
copy of the Power of Attorney `
must be attached to the original
of this bond. ) orri`ey_
G. M. unn�ng
Am of #620
HOME OFFICE-SAN FRANCISCO
T Div all men bv- these presents:
That INDUSTRIAL INDEMNITY COMPANY. a corporation organized and existing under the laws of the State of California,
and having its principal office in the City of San Francisco.State of California.does hercbv make,constitute and appoint
--G. M. DUNNING----------------------------------------
its
--------------------------------- - --
its true and lawful attorney-in-fact for it and in its name,place and stead to execute on its behalf as surety,bonds,undertakings stipu-
lations. consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees,provided
that the liability of the Company as surety under his authority in no one instance shall exceed the sum of
---------- ------------UNLIMITED----------------------------------------- I
and rescrving to ir,elf full Dower of substitution and revocation.
This Power of Attorney is made and executed in accordance with tilt Rcsol❑uan adopt-d h� the Hoard of Directors of
I
INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September. 1972,reading as follows:
"RESOLVED,that the Chairman of the Board or President or Executive Vice President or Senior Vice President t f the Company,
in conjunction with the Secretary or an Assistant Secretary of this Company. be and he hereby is authorized to execute,acknowledge
or verify Powers of Attorney qualifying selected attorneys-in-fact to act under such Powers of Attorney to execute on behalf of
Industrial Indemnity Company bonds, undertakings,stipulations,consents and all contracts of suretyship,and to attach the corporate i
seal thereto;
"RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho-
graphed or otherwise produced,and that the facsimile signature of any person who shall have been such officer of this Company at the
time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be
binding on this Company,notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall
be issued."
In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signedpseal to be
and its corporate
affixed by its proper officers,at the City of San Francisco,California,this 11th day of November 19 77
Attest: INDUSTRIAL INDEMNITY COMPANY
`t•�:i:h/71
7
By
M. Gi eSpie Secretary J. . aPlante
� Se io Vice President I
STATE OF CALIFORNIA ss.
CITY AND COUNTY OF SAN FRANCISCO
On this
lltttlay of November 19 77 before me, Mary Mueller
a notary public in and for the City and County of San Francisco,State of California,personally appeared
C
J. G. LaPlante and Gillespie
known to me to be the Senior Vice President and Secretary of the corporation
which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution Y
true and correct copy of the resolution duly passed at a meeting of the Board of Directors
referred to in the preceding instrument is
C
on September 27, 1972,and that the same is in full force and effect. d
first above written.
In witness whereof,1 have hereto set my hand and affixed my official seal the day and year in this certificate
■uunnnawnoanllr,.xnwnnu,,,,clnuunu� ;'
It.ArY MUELLER
rsc*r. !I.:A!C — CAUrORNIA C i
: `-_+ Os t;,p FRANCISCO = Notary Publi to nd or the City an County
A, Carmisuan Expires Aug. 3. 1979
of San F nc sco.State of California
�„ /WU[LUIII111111[I[III IIUIIIINYN�N■
1 L. E. Mulryan, (Secretary) of INDUSTRIAL INDEMNITY COMPANY,
do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now
on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said
originals,and that said Power of Attorney has not been revoked but is still in full force and effect.
In witness whereof. I have hereunto subscribed my name as such officer d affixe the seal of INDUST IAL INDEMNITY
fPANY at the City of San Francisco,California,this /.2-& day of ti , 19F
SEAL
L. E. Mulryan, Secretary
I
1V041 Q7(10/721
CFORM N.. 74-...ACKNOWLEDGMENT--COR►ORATION. ZT—KNO- SA LAW Co.,--TL..O.
STATE OF OREGON,
County of MultnMah 1;-
On this 12th day of October19$4
before me appeared STEVENP. -LNSKI and
JUDITH R. CRUZ both to me personally known, who being
duly sworn, did say that he, the said
�� P. MJZLVSKI
is the President, and he, the said JUDITH R. CRUZ
is the Secretary of . _PACIFIC FRDWIM WOOD ZAAR=,S INC.
the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corpora-
tion, and that the said instrument was srggned and sealed in behalf of said CoorpQrati authority of its Board
of Directors, and STEMN P. MZIlVSKI and JUDI .
acknowledge said instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year last above written.
Notary Public for Oregon.
My Commission expires 11/15/85
t
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: 10-22-84 AGENDA ITEM #:
DATE SUBMIT-FED: 10-18-84 — PREVIOUS ACTION: Acceptance of _
Subdivision Compliance Agreement and 1st
ISSUE/AGENDA TITLE: Second release release of $35 388.28 in Bond monies. _
of Funds from Letter of Commitment PREPARED BY: Randy Clarno
(Performance Bond) for completed items
within Gallos Vineyard SuLlivision. REQUESTED BY- Herb Morissett Aldr. Inc
DEPARTMENT HEAD OK: AA _ CITY ADMINISTRATOR: _
INFORMATION SUMMARY
Herb Morissette Builders Inc. is requesting the City release that portion of
their Public Improvement Performance Bond (Letter of Commitment) that covers
work completed. Below is a list of thos items being requested for release. A
previous release of $35,388.28 was made on Oct. 8, 1984, fur the completion of
the "Site Preparation and Grading" and the Sanitary Sewer 6 Appurtances.
Amt. Requested 20% Retainage
Construction Item Bond Amt. For Release (80X) For Maintenance Period
5. Storm Sewer and $26,850.05 $21,480.04 $ 5,370.01
Appurtances
2. Concrete Curb $ 5,171.40 $4,137.12 $ 1,034.28
$25,617.16
ALTERNATIVES CONSIDERED
Deny or Accept their request.
SUGGESTED ACTION
It is recommended that the City Council authorize Oregon Pioneer Savings and
Loan Association release to Herb Morissette Builders, Inc. the amount of
$25,617.16 by authorizing the Mayor and Recorder to execute the attached
Release Authorization letter.
0723P
dmj
C
c October 22, 1984
CITY OF TIVA RD
WASHINGTON COUNTY,OREGON
Deborah S. Shaffer, Vice President - Finance
Herby Morissette Builders, Inc.
7470 Su 75th Ave.
Portland, Oregon 97223
RE: Gallos Vineyard Subdivision (Letter of Commitment Partial Release)
Dear Ms. Shaffer,
In the matter of the one hundred thirty-four thousand, five hundred
sixty-three and 00/100 dollars ($134,563.00) Letter of Commitment, between
Herb Morissette Builders Inc., and the City of Tigard, Oregon and Oregon
Pioneer Savings and Loan Association; this is to serve as official notice to
allow said Oregon Pioneer Savings and Loan Association to release to Herb
Morissette Builders Inc. a portion of the deposit entrusted to said Oregon
Pioneers Savings and Loan Association.
The amount hereby authorized to be released is twenty-five thousand six
hundred-seventeen and 16/100 dollars ($25,617.16).
The amount to remain entrusted to Oregon Pioneer Savings and Loan Association
as a cash performance bond to assure the City that all remaing requirements of
said Subdivision are completed, shall be seventy-three thousand five hundred
fifty-seven and 56/100 dollars ($73,557.56).
This notice shall not be construed to nullify or alter the terms of the
aforesaid Letter of Commitment in any way; it is merely an authorization to
release a portion of the entrusted monies.
City of T and Oregon
By:
Mayor
By: 'e'lG/�GCtQ
� j City Recorder
(RC:dmj/0723P)
12755 S.W.ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171
,n
HF�aRissFrrF NNIVERS, Nel
7470 S.W. 76th • Portland, Oregon 97223 • 246-8803
October 17,1984
City of Tigard
12420 S.W. Main
Tigard, Oregon 97223
Attention: Randy Clarno
Re: Gallos Vineyard - Partial Release of Funds
Dear Mr. Clarno:
In accordance with our Letter of Committment and Performance
Bond signed by Herb Morissette Builders, Inc. and accepted by the
City of Tigard, we hereby request the City of Tigard provide
certification acknowledging completion of the following areas
of work at Gallos Vineyard Subdivision.
Site Drainage $26,850.05 $21 ,480.04
Curbs $5,171 .40 $4,137.12
Work Completed per Rutan Construction
Contract $32,021 .45
Funds Available for Release (80%) $25,617.16
Your earliest attention to this matter is appreciated.
Please call our office at 246-8803 when the authorization and
certification letter is ready and we will come pick it up for
delivery to our lender. Thank you.
Yours truly,
Deborah S. SHaffer
Vice President - Finance
l� Herb Morissette Builders, Inc.