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City Council Packet - 04/22/1985 TIGARD CITY COUNCIL_ PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate APRIL 22, 1985, 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 start 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. ASSUMPTION ORDINANCE NO, 85- 12 (Second Reading) 4. PUBLIC SIDEWALKS MAINTENANCE 6 REPAIR ADOPTING REVISIONS ORDINANCE NO. 85- 16 (Second Reading) 5. DISCHARGE OF FIREARMS ORDINANCE NO. AMENDMENT o Chief of Police i 6. COMPREHENSIVE PLAN AMENDMENT CPA 4-85 ZONE CHANGE ZC 4-85 KRUEGER - NPO #7 Review Planning Commission's recommendation for approval to move the F present area designated C--N (Commercial Neighborhood) From the northwestern earner of the proposed 135th Ave,/Murray Road extension to ' the northeast corner of the future Murray RoadlScholls Ferry Road intersection. (WCTM ISI 33C, lot 1000). o Public Hearing Opened (continue to May 6, 1985) 7. COMPREHENSIVE PLAN AMENDMENT CPA 3-85 ZONE CHANGE 3-85 S & J BUILDERS JPO #7 Review Planning Commission's recommendation for approval for a Comprehensive Plan Amendment and Zone Change from C-P (Commercial Professional) to C-G (Commercial General) for a 7.9 acre site. Located south side of Scholls Ferry Road, immediately west of Greenway Towne Center (WCTM 1S1 34BC lot 400) . o Public Hearing Opened o Summation by Director of Community Development o Public Testimony o Recommendation by Director of Community Development 0 Public Hearing Closed o Consideration by Council { 0 ORDINANCE NO. 85- k a i COUNCIL AGENDA - APRIL 22, 1985- PAGE 1 8. COMPREHENSIVE PLAN AMENDMENT CPA 1-85 and ZONE CHANGE ZC 1-85 ALLISON NPO #1 i Review Planning Commission's recommendation for approval to amend the Plan designation from the Central Business District to Medium High Density Residential and subsequently changing the zone designation from CBD (Central Business District) to R-25 (Residential, 25 units/acre) for 2 acre parcel. Located 9655 SW McKenzie, (WCTM 2S1 2AC lot 1800) . o Public Hearing Opened o Summation by Director of Community Development a Public Testimony o Recommendation by Director of Community Development o Public Hearing Closed o Consideration by Council E o ORDINANCE NO. 85- 9. LID POLICY DISCUSSION o Administrative Assistant a, C 10. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 10.1 Approve Minutes of April 15, 1985 10.2 Receive a:nd File Department Reports f 10.3 Receive and File Community Development Land Use Decisions o Site Development Review SDR 3-85 (Donald 6 Julia Pollock) 10.4 Approve and Authorize Signature for Hall. Blvd. LID agreement for professional services 10.5 Approve Resolution No. 85-1— Finial Accept. of Public Improvements/Summerlake Su.yclivision 10.6 Approve and Authorize Signature for Bond-ANTON Park (Phase I) i Subdivision Compliance Agreement a 11. NON-AGENDA ITEMS: From Council and Staff 12. EXECUTIVE SESSION: 'The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d)(e)(f)(h) to discuss labor relations, real property transactions, records exempt from public and pending litigation issues. 13. ADJOURNMENT (pm/2648A) COUNCIL AGENDA - APRIL 22, 1985- PAGE 2 �` T I G A R D C I T Y C O U N C I L REGULAR MEETING MINUTES - APRIL 22, 1985 - 7:30 P.M. 1. ROLL CALL: Present: Mayor John Cook; Councilors: Torn Brian, Phil Edin (arrived at 8:30 P.M.), Jerry Edwards, and Ima Scott; City Staff: Bob Adams, Chief of Police; Bob Jean, City Administrator; Ball Monahan, Community Development Director; Tim Ramis, Legal Counsel; and Patt Martin, Deputy City Recorder. 2. CALL TO STAFF AND COUNCIL. FOR NON-AGENDA ITEMS a. City Administrator stated Item #6 and Item #9 will be pulled and tabled to May 6, 1985. 3. VISITOR'S AGENDA a. No one appeared to speak. 4. ASSUMPTION ORDINANCE NO. 85-12 (Second Reading) a. Councilor Brian moved, Councilor Edwards seconded, to adopt Ordinance No. 85-12. Approved by 3-1 majority vote of Council present, Councilor Scott voting Nay. 5. PUBLIC SIDEWALKS MAINTENANCE 6 REPAIR ADOPTING REVISIONS ORDINANCE NO. 85. 6 (Second Reading) a. Councilor Brian moved, Mayor Cook seconded, to adopt: Ordinance No. 85-16. o Councilor Brian questioned if the City has or has not maintained the sidewalks up to now. Community Development Director stated the City had not. Legal Counsel stated the ordinance was to clarify the Code if Council feels this is existing policy. Motion failed on second reading by 2-2 vote, Councilor Edwards and Scott voting May. o Mayor Cook requested this item be brought back for further consideration. 6. DISCHARGE OF FIREARMS ORDINANCE NO, 85-17 AMENDMENT a. Chief of Police gave a summary of the ordinance. lie stated a resident had corse to him regarding having a business of qun smithing and to allow to have a place to test the guns. The Ordinance would allow the business under certain conditions which would be inspected by the City Building Official and Chief of Police before a business tax would be grunted. o Community Development Director stated there would be no change in the zoning code and the Planning staff would go by the criteria of the Code before approving the application. Page I - COUNCIL MINUTES - APRIL 22, 1985 b. Councilor Brian moved, Councilor Edwards seconded, to adopt Ordinance No. 85-17. Approved by 3--1 majority vote of Council present, Councilor Scott voting Nay. A second reading is required. 7. COMPREHENSIVE PLAN AMENDMENT CPA 4-85 ZONE CHANGE ZC 4-85 KRUEGER NPO #7 PUBLIC HEARING OPENED a. Councilor Brian moved, Councilor Edwards seconded, to continue the Public Hearing to May 6, 1985. Approved by unanimous vote of Council present. 8. COMPREHENSIVE PLAN AMENDMENT CPA 3-85 ZONE CHANGE ZC 3-85 S 6 J BUILDERS NPO #7 PUBLIC HEARING OPENED a. Community Development Director gave a summary stating the Planning Commission recommended 6-3 approval of CPA 3--85 and ZC 3-85 from G-P (Commercial Professional) to C-G (Commercial General). NPO #7 opposed this recommendation 6--1. PUBLIC TESTIMONY aa. ;john Schwei.t., NWO #7, stated there was riot enough time for the NPO to review this issue. He felt it should go back to the Planning Commission. o Councilor Scott asked who's expense the traffic signal would be. Community Development Director thought it would be the responsibility of S & J Builders, Joe Schweitz stated the State had planned in the future to put a traffic signal in but did not know off hand if it is their responsibility. City Administrator stated there was a snatch requirement between S 6 3 Builders and the City's System Development. Charge. o Councilor Scott asked if the area would warrant a bike path and asked the NPO to look into this. o Councilor Brian had a concern an giving up the only parcel that is zoned C--P. b. Hal Hewitt, representing S 6 J Builders (owner of Greenway Town Center) felt there were three issues: 1) Strip commercial along Scholls Ferry Road, 2) Availability of Office Space, and 3) Traffic situation. The Greenway Town Center has rented out most of the good location that face the street. The vacant locations will go into office spaces. This site is a highly appropriate location and does meet the criteria according to the State and Local code. Page 2 - COUNCIL MINUTES - APRIL 22, 1905 a Tom Lancaster, Consulting Traffic Engineer for S & J Builders, stated he looked at the intersection of Sorrento and Scholls Ferry road where the traffic problem would most likely occur. A survey showed if there was no development at all the intersection would operate at a level C. If there would be businesses in the area it Would still be level C. With a zone change the intersection would operate at a level D. This could be mitigated at level C with a traffic signal. PUBLIC HEARING CLOSED STAFF RECOMMENDATION a. Community Development Director and Planning Commission recommended approval of CPA 3-85 and ZC 3-85 From C--P to C-G Zoning. COUNCIL CONSIDERATION a Councilor Briari felt this issue should he looked at as a plan and that office space was riot in demand now. He felt it did not justify a zone change at this time. b. Councilor Brian moved, Councilor Scott seconded, not to approve Ordinance No. 85-10. Staff is to brin,j back an Ordinance of the findings. -- Approved by unanimous vote of Council present. 9. COMPREHENSIVE PLAN AMENDMENT CCA 1-85 AND ZONE CHANGE ZC 1 -85 ALLISON NPO #1 s PUBLIC HEARING OPENED F a. Community Development Director gave a summary of the proposal. The application is supportc_d by staff and the Planning Commission for a Comprehensive Plan Amendment from Central Business District f to Modium High Density Residential and a Zone Change from C60 (Central Business) to R---25 (Residential, 25 units/acre). NPO #1 had the opportunity but did not comment. PUBLIC 'TESTIMONY PROPONENTG a. Kenneth Allison, applicant, 6445 NE Union Avenue, Portland, OR, stated when the property was first purchased the zoning was C3M with a 10 foot lot line setback. The City has chwnged the zoning to CBD with a zero lot line setback. The bedrooms of the 10-plex Rice the commercial property and the ten.ants would probably move out when this property is developed because of noise. Also the property value would go down. F, E Page 3 - COUNCIL MINUTES - APRIL 22, 1985 E i f e DATE 4/22/85 ' I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: #7 d roMR rPhens'.ve Pl,n Amendment CPA 3-85 Zone Change g 3 85 S-&,.J.-Builders NVO #7 1 Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Have, Address and Affiliation 4 b m7l OPPONENTS I a• Chris Freshly, Landscape Artist for JB Bishop, proposed buffering and landscaping explained the p g along the property line. COUNCILOR EDIN ARRIVED AT 8:30 P.M. Mr. Freshly stated 10 feet back from the property line a 6--foot fence would be constructed, evergreen trees (6-12 ft. high) would be planted, and broad leaf greenery would also be planted. He snowed the layout of the property and levels. Also he had Pictures showing the existing property line landscaping. o JB Bishop, Suite 303, 10505 SW Barbur Blvd, Portland, OR, pointed out that there was concern regarding loading .end noise but because Of the terrain, existing foliage, plus added trees, fence, and greenery there should be no problem. Mr. Bishop showed a picture taken from a second story window of the apartment facing the commercial property which illustrated the existing tree coverage. STAFF 6?ECOMMENDATION a. Community Development Director and Planning Commission recommended approval based on prasent criteria. PUBLIC HEARING CLOSED a• Councilor Brian stAted this builder knew of the 10 foot setback at the time of construction 30 could anticipate 20 with other property setback of 10 feet. thn feet wi there is a zero foot setback. Now with the zone being CBD 8 Councilor Edwards .;asked if taxes would stay the same on any zone. Legal Counsel stated that the Tax Assessor would take into account the zoning use or a, 5% fair market value. d Councilor Edin staters even though he arrived late, he had heard all the testimony and read the packet materials. He felt he could maker a fair Judgment on this issue. C. Councilor Edin moved, Councilor Brian seconded, to adapt ©rAiin8_ce_ N__o•85`„13. Approved by unanimous vote of Council present. 10. LID POLICY DISCUSSION a• This item was tabled to may 5, 1985. I1. CONSENT AGENDA: These items aro considered to be routine and may be enacted in one motion without that an item be removed by mott separate discussion. Anyone may requost ion for discussion and separate action. Page 4 — COUNCIL MINUTES — APRIL 22, 1985 t )4 - - t Councilor Scott moved, Councilor Edwards seconded, to approve the E following consent agenda it<:ms. s 11,1 Approve Minutes of April 15, 1985 11,2 Receive and File Department Reports 11.3 Receive and File Community Development Land Use Decisions o Site Development Review SDR 3-85 (Donald & Julia Pollock) 11.4 Approve and Authorize Signature for Hall Blvd. LID agreement for professional services 11.5 Approve Resolution No. 85— 24 Final Accept. of Public Improvements/Summerlake Subdivision 11.6 Approve and Authorize Signature for Bond—ANTON Park (Phase I) { Subdivision Compliance Agreement i Approved by unanimous vote of Council present. E 12. NON—AGENDA ITEMS: From Council and Staff F a, There were no non—ag+ .da stems. RECESSED AT 9:10 P.M. 13. EXECUTIVE SESSION; The Tigard City Council will go into Executive Session under the provisions of ORS 192,66 (t) (d)(e)(f)(h) to discuss labor relations, real property transactions, records exempt from public and pending litigation issues. F { 14. ADJOURNMENT' AT 12:15 P.M. Deputy City Recorder — City of Tigard ATTEST: ,,ffdr= City of Tigard (PM/2684A) Page 5 — COUNCIL MINUTES — APRIL 22, 1985 TIMES PUBLISHING COMPANY Legal 7-6332 P.O.BOX 370 PHONE(603)684.0360 Notice I BEAVERTON.OREGON 97075 Legal Notice Advertising e + 0 Tearsheet Notice City of Tigard ❑ Duplicate Affidavit C'T' OF 71GAR0 PO Box 23397 Tigard, OR 97323 R s 3 _' .. AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, ,ss. Susan Finkley being first duly sworn, depose and say thQi ti Advertising Director, or his principal clerk, of .'-`-�i�~am l��m�s a newspaper of general circulation as defined in ORS 193,010 and 193.320;publish®: tine aforesaid county and state; that the a printed copy of which is hereto annexed,was published in the d *ntire issue of said newspaper for— _._._....---successive and consecutive in the following issues: f April 18, 1985 ril 18, 198 Sv4scsi4ed and to before mythi rj NOtary Public for Oregon defy Ccs m Priaeisn Ev4**►AFFIDAVIT Fuzz mom: �a�^y;•v�� ,.w� '.�� n-:-,iii z� - " yi V ; T TIMES PUBLISHING COMPANY Legal 7-6323 P.O.BOX 370 PHONE(503)684-0360 Notice BEAVERTON,OREGON 97075 Legal Notice Advertising o ❑ Tearsheet Notice City of Tigard s ❑ Duplicate Affidavit 01--T/ @P.O. Bax 23397 GOD Tigard, OR 97223 0 AFFIDAVIT OF PUBLICATION STATE OF OREGON, )ss COUNTY OF WASHiNGTON, 1, being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk,of the_��,® a newspaper of general circulation asdotined in ORS 193.010 in the and 193.020; published int____- - ...-_. €�` -.--•__.__ _ aforesaid county and state', that the a printed copy of which is hereto annexed, was published in the entire issue of said newspaper and Consecutive Jr.the following issues: April �1, "pril Subai ribed and uif014,�-before rust_thliti_ f/ ,4iotoy Public for Oregon My Commission Expires: AFFIDAVIT ZONE CaRms Ist g._ AGENDA ITEM # #2 - VISITOR'S AGENDA DATE 4/22/85 (Limited to 2 minutes or less, please) 8 Please sign on the appropriate sheet for listed agenda items. The Council � wisties to hear from you on other issues not on the agenda, but time may require that we schedule your items for a future agenda. Please contact the City Administrator as to agenda scheduling. Thank you. NAME, ADDRESS AFFILIATION ITEM DESCRIPTION r �4 f� F 3 s. ytE E. f 4 DATE 4/22/85 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: #8 Comprehensive PlanAmendment CPA 1--85 and Zone Change ZC 1-85 Allison NPO #I Proponent (For Issue) Opponent (Against Issue) Name, Address and. Affiliation Name, Address and Affiliation 34,t, t 17 R_� -----r t v s F t t f e 4 s CITY OF TIGARU OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: APRIL 22, 1985 AGENDA ITEM 0: DATE SUBMITTED-. April 9, 1985 _ PREVIOUS ACTION: Council approval an ISSUE/AGENDA TITLE: BANCROFT April 8 1985 ASSUMPTION ORDINANCE PREPARED BY: J. Widner REQUESTED BY: _City Council DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE i ALLOWANCE OF ASSUMPTIONS ON INSTALLMENT DEBT. — ..�_.._._.._______...........�._. INFORMATION SUMMARY z At the council meeting of April 8, 1985 the ordinance allowing assumptions of i. Bancroft was passed with a 4/1 vote. This requires as second reading. j F The ordinance has been amended to include the. words "There will be" to the first line of conditions. t f6} f 4 ALTERNATIVES CONSIDERED n/a SUGGESTED ACTIO! I. recommend adoption of the ordinance. (0883F) f 4 P L 1 t If coo""" 1 i �I �r 5 •t'Y f �f t 1 x � �t a-� k t 4 YY tr _ ,r CITY OF TIGARD, OREGON_ w i COUNCIL AGENDA ITEM SUMMARY AGENDA OF: April 22, 1985 AGENDA ITEM DATE SUBMITTED: aril 8, 1985 PREVIOUS ACTION: NSA : ISSUElAGENDA TITLE: ordinance Amendment 7.32.120 Discharge of PREPARED BY: Chief R.B. Adams dalms Weapons REQUESTED BY: Chief R.B. '. DEPARTMENT HEAD OK: {��t CITY ADMINISTRATOR: POLICY ISSUE Should the City allow licensed gunsmiths to test fire weapons at their designated business, under specific conditions approved and .regulated by City Ordinance. s INFORMATION SUMMARY A resident of the City is planning to open a gun mithing business at his residence tinder a 11me occup�-ttion (conditional use) permit. In review of the existing ordinant�._, by the City Attorney, it tiNcsuld net allow for the test. firing by un ni*hs. 'CRz1refore, Section (b) sub (3) has been added for City Council ix�mnsidaration to allow for this type of businoss application. a' f t f A` F ALTERNATIVES CONSIDERED 1. Prohibit the teat firing of taeapons by licensed gunmiths as per the existing ordinance. �} i 2. Araeiyd the ordinance to allow a c;ttnsmi.thing business to test fire taeapons as ar. integral part of the nature- of this business, witYi spa-cial conditians, i SUGGESTED ACTION Recanrnnd approval of the ordinance arierxkmnt as proposed. R.B.. Adams _. .. _. Chief of Police CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: April 22, 1985 AGENDA ITEM #: DATE SUBMITTED: __4pri1_17, 1985 PREVIOUS ACTION: Planning Commission ISSUE/AGENDA TITLE: Recommendation 4/2/85 Krueger CPA — ZC PREPARED BY: William A. Monahan REQUESTED BY: Planning Commission DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATIO1% SUMMARY The Planniro3 Commission has recommended that the CPA and ZC request of Russell Krueger be approved by the City Council . The hearing was scheduled for 4/22/05, however, on April 16, 1995, it came to our attention that not all interested parties were notified of the hearingg. To remedy the situation, the applicant will supply a revised list of property owners to receive notice. The hearing should be opened and continued to May 6, 1905 to allow for the mailing of proper notice. liLTERNATIVES CONSIDERED SUGGESTED ACTION I recommend that the City Council open the public hearing for the krueger CPA and ZC, and postpone the hearing to May 6. 1985. (1241P) r. CITY OF TIGARD OREGON 4 COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 4/22/85 AGENDA ITEM : DATE SUBMI1TED: 4/17/85 PREVIOUS ACTION: Planning Commission ISSUE/AGENDA TITLE: Cori rehensive recommended approval 4/2/85 Plan Amendment CPA 3-85 and Zone PREPARED BY: KQith Liden Change ZC 3-85 S 5 7 Prgperties� REQUESTED BY: �_� — -• - DEPARTMENT HEAD OK: /✓ � CITY ADMINISTRATOR: ---�..- �..�_�.____T_..__....=--•••-=-_-"POLICY 'LS5l9E_._�..�____ f INFORMATION S'LTARY Thea Planning Con,�,ission recommends approval of Comprehensive Plan Amendment CPA 3--85 and 7-orae Chan90 ZC 3-85 as indicated ire the stat f report And Commission minutes. ALTt�NATIVES CONSIDERED 1. Adopt attached ordinance. 2. Deny the attached ordinance. - - SUGGESTEO ACTION Adopt t}ie attached Ordinance. 1244P 4 CITY OF TIGARD, OREGON ORDINANCE NO. 85-� AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A CC�NIPREHENSI.JE PLAN AMENDMENT (CPA 3-85) AND ZONE CHANGE (ZC 3-85) PROPOSED BY S & J BUILDERS AND DECLARING AN EMERGENCY. WHEREAS, the applicant has requested a Comprehensive Plan Amendment from Commercial Professional to Commercial General and a Zone Change from C-P (Commercial Professional) to C-aG (Commercial General); and WHEREAS, the Planning Commission reviewed the proposal on April 2, 1985 W-1d recommended approval; and WHEREAS, a public hearing was held before City Council on April. 22, 1985 to consider the Commission recommendation. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The proposal is consistent with all relevant criteria as discussed in the April 2, 1985 Planning staff report to Planning Commission (Exhibit "A") . Sxpction 2: The City Council upholds the Planning Commission's recommendation for approval of the Comprehensive Plan Land Use Map and Zoning Map Amendment as set forth in Exhibit "B" (maps) . Section 3: Inasmuch as it is necessary to revise the City's Comprehensive Pian Maps to allow development in a timely manner, an emergency is declared to exist and this ordinance shall become effective upon its passage by Council and approval by the Mayor. Section 4: The necessary street right--of-way along the Scholis terry Road Frontage, as noted in Exhibit "A" shall be dedicated before CPA 3--85/2C 3-85 will take af=fect. PASSED: By vote of all Council members present after being read by numbor• and title only, this _ day of 1905. Deputy City Recorder - City of Tigard APPROVED: This day of _ � 1985. Mayor City of Tigard --- (KSL:bs/1233P) ORDINANCE NO. 85- t I AGENDA ITE14 5.4 STAFF REPORT April 2, 1985 - 7:30 P.M. TIGARD PLANNING COMMISSION FOWLER JUNIOR HIGH SCHOOL - LGI 10865 S.W. WALNUT TIGARD, OREGON 97223 i i A. FACTS 1. General Information # C4'E. Comprehensive Plan Amendment CPA 3. 85 and Z(.ne Change ZC 3-85 rehensive omp Plan and Zoning Map designations REQUEST: wend the Ci from C-P (Commercial Professional) to C-G (Cammerciil General for a 7.9 acre site. OWN'R': S b J Builders APPLICANT: Portland Fixture Co. 5335 SW Murray Blvd. � 338 NW 5th Beaverton, OR 97005 Portland, OR 97209 eit Of LOCATION: South aide of Scholl(Wash.PerryRoad, Co. TaxMa p1Slately 34 C, ~'ax Lot Greenway Town Center 400). E 2e Back r�.�..°c"'.d The subject property was annexed to the City along with several other parcels in 1976 (ZC 12-76)• The Comprehensive Pian adopted in 1983 parcgnated the northern section of property for Commercial Profesalonal tion for medium High Density residential and the leather southern por use. Site Development Review aroroval for a 304 unit erty was granted in 1984r(SDR 2298/.)ex on the southern segment of the property 3. Vicinity Information_ nter which The eastern boundary of therea tadjoinsoou h eis waY zon d wR-25e (Residential, presently zoned C G• The a 25 unite/acre) and construction of the apartment project 119theAvenue been .initia�ced. Zn conjunction with the apartment complex, been western boundary of this site as well as the will be extended along apartment project. This street will ultimately intersect with North Dakota Street at 121st Avenue. The parcel west of this street extension on Scholls Ferry Road is also zoncd C-P. Other parcels to the south are zoned R-7 (PD) (Residential, 7 unite/acne, Planned Scholls Ferry Road and the City of Beaverton lie to the north. 4. Site Information pr+esundeveloped. A four-way intersection will be The site is entl� constructed at the Scholls Ferry/Sorrento Road intersection which will STAFF REPORT - CPA 3-85 6 ZC 3-85 - PACE 1 gnal. The proposed 'Plan Amendment and Zone Change include a traffic si ial retail activity- will allow for an expanded list of commerc 5. Agency and NPO Comments The Building Inspection Office has no objection to the proposal. The State Highway Division has no objection to the request, but, it is noted that curb and sidewalk matching the facility to the east will be required. The Engineering Division has the following comments: a. Site Development Review approval is required prior to development. b. Access to and from the site must be approved by the City and State Highway Division, c. Additional right-of-way should be dedicated along the Scholls to provide a right-of-way width from Ferry Road frontage centerline of 45 feet. � NPO #7 is opposed to the proposal and a representative will be present at the hearing to comment. 8. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Statewide Planning goals 1, 2, and 12, Comprehensive Plan policies 2. 5.1.4, 8.1.3, and 1.1, 5.1.1, Chapter 12, Locational Criteria. The Planning staff concludes that the proposal is consistent with the applicable Statewide Planning Goals and Guideline@ based upon the following findings: 1. Goal 11 is met because the City has adopted a Citizens by o ment the program including rev development addition, all public Neighborhood Planning Organization notice requirements were met• applied all applicable Sr_atew:de 2. Goal #2 is met because the City Planning Goals, City Comprehensive Plan Pnlicies and Development Code requirements to the application. satisfied because the proposal in conjunction w th the 3. Goal 012 is alic new traffic signal will not have a detrimental impact upon Ferry Road. t the proposal is consistent with The Planning staff has determined tha plan based upon the findings the relevant portions of the Comprehensive noted below: 1. Plan Policy 2•}x•1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. STAFF REPORT - CPA 3-85 ZC 1-85 - PAGE 2 2. Plan Policy 5.1 .1 is met because the proposal will have a small { positive effect "upon the number of jobs available to Tigard residents. it is estimated that the subsequent commercial development will provide between 150 and 200 jobs. 3. Plan Policy 5.1.4 is satisfied because the proposed change from C-P to C-C will not enlarge the area presently designated for commercial use and will not encroach upon nearby residential areas. 4. Plan Policy 8.1.3 will be satisfied as a condition for development of the site. Before any commercial development occurs, City approval through the Site Development Review process will be required. 5. The applicable locational criteria are satisfied for the following reasons: a. A residential zoning district is only adjacent along the southern boundary of the site. b. The site will not create traffic congestion or related problems which cannot be remedied by the proposed traffic signal at the Scholls Ferry/Sorrento/North Dakota intersection. C. Direct access to an arterial. and collector street is available. d. Public transportation is available on Scholls Ferry Road. e. Because of its location and the Site Development Review approval which is required prior to development , a compatible relationship with nearby properties can be maintained. Concern has been expressed regarding the potential this proposal would have for encouraging "strip" commercial development along Scholls Ferry Ltoad. Although the Comprehensive Plan does not contain any policies which deal specifically with this issue, it is the staff's position that this proposal does not pose such a threat for the fallowing reasons: 1. The site is presently designated for commercial use. 2. The change will broaden the list of commercial uses permitted and it will not displace residential uses. 3. other undeveloped properties along Scholls Ferry Road in Tigard (and Beaverton for the most part) are designed for residential use. Conversion of these lands would require closer scrutiny on the "Sart of the City. Also, the City is obligated by the Hetropolit.dn 11ousing Rule to provide for an equal mix of single family and multi-family residences with an overall density of 10 units per acre. Any proposal to convert residential land would need to show compliance with this rule. STAFF REPORT - CPA 3-85 6LC 3-85 - PACE 3 i A second concern relates to the igten Q of this C-P designation to provide to medical an8 other professional services for the general area. This proposal Would not preclude the establishment of these activities since they are permitted in the C-G zone as well. Also. 4 similar services are established east on Scholls Ferry Road in Beaverton and appropriate zoning for this activity exists in the Progress/Washington Square area. C. RECOMMENDATION Based upon the findings and conclusions noted above. the Planning staff recommends approval of CPA 3-85 and ZC 3--85 subject to the following condition: 1. Additional right-of-way shall be dedicated to the Public along the SW Schol.ls Ferry Road frontage to increase the right-of-way to 45 feet from centerline. The description for said dedication shall be tied to the existing right-of-way centerline as established by Washington County. The dedication document shall be on city farms 5 and approved by the Engineering, Section. r .01 PREP BY: Keith Liden APPROVED BY: William A. Morahan Assocf.ate Planner Director. of Planning & Development (KL:pm/11.30P) E t s e r a STAFF REPORT - CPA 3-85 A ZC 3-85 - PACE 4 ti , �sCa4t�tT p'L3`► sct;t;v;r)QJr i ,'ru Glial ie;enwiV3 In strr-ets and Otne:!Y rcds. H.^,,i;e thin.•�'•,• •s t�-^,:'.•.J to bc'correctthe no IiabiGt`i ier any'a!is uccu,Ing by reason Of r053tY--3 Map N,.. —---- ---_. ` 9011 PORTLAt1D.OR 97.:x5 Z W � —- ro- -- 83• _--- ._----- 1 S C ViJ L_L_ S �S.W. 30 1 400 1� K J ' rn n SEE MAP 1S 6 33RD 1 2 9 , R-1 Nal � � C-0 ., : COUNTY R-25 R--4.5 - cm m mm no Im IR - 2511 em +err s tm an em R-12 a�,tr C �+ Brei iai R- 4. 5 .sr aea s R- 12 PD (PD) R-4.5 IH 45a f .o. W* *a � R-4. 5 { . - i' ri imr�r e>�tiers s ao w rte.w i. i. -12 gas R- 1. �•.. .., r �' i i COUNTY TIGARD PLANNING COMMISSION REGULAR MEETING - APRIL 2, 1985 1. President Moen called the meeting to order at 7:34 PM. The meeting was held at Fowler Juni.-)r High - LGI Room - 10865 SW Walnut. 2. ROLL CALL: PRESEN Commissioner Butler Fyre, President Moen; Campbell, Leverett, Vanderwood, Bergmann, Peterson, and Owens (arrived 7:45 P.M.) STAFF: Director of Community Development William A. Monahan; Associate Planner Keith S. L.i.den; Secretary Diane M. Jel.derks. 3. APPROVAL OF MINUTES * Commissioner Vanderwood moved and Commissioner Campbell seconded to submitted. Motion •carried unanimously. .approve minutes as 4 . MIViISSION COMMUNICATION Director of Community Development Monahan explained that it is necessary to hold a scscond hearing on April 16, 1985, because of the number hurfthe Comprehensive Plan Applications which need processing. printed by the Tigard Chamber of Commerce was distributed. Five letters were distributed Tor Agenda item 5.6, Main Street Land Corp. S. PUBLIC HEADINGS 5.1 SUBMTSION S 2-85 and VARIANCE, V 1-85 MAWHIRTER NPO # 6. Request for preliminary plat approval for a six lot subdivision and to allow two 7,125 squtare foot lots where a minimum of 7,500 square feet is required. Located 9680 SW McDonald St. (WCTM 2S1 11 lots 104 and 200) . Associate planner Liden reviewed the status of the application and made staff's recommendation for approval with 11 conditions. APPLICANT'S PRESENTATION Vern Lentz, 8150 SW 39th, Portland, representing the applicant requested that Frank Currie, City Engineer, address the issues regarding access onto McDoanld and the need for the approval of the variance. Frank Currie stated that if the Variance was denied it still would not decrease the number of driveways onto McDonald. He explained the alignment of the existing sidewalk and the special circumstances involved with that alignment. He requested that an additional condition be added which would release the applicant from any legal ramifications related to the negotiations for condemnation of right-of-way. He also explained the difference between public easements and row dedications. PLANNING COMMISSION MINUTES April 2, 1985 Page 1 RECESS 9:00 P.M. RECONVENE 9:15 P.M. 5.4 COMPREHENSIVE PLAN AMENDMENT CPA 3-85 ZONE CHANGE ZC 3-85 S & J BUILDERS NPO N 7 MINEWAMW Request for a Comprehensive Plan Amendment and Zone Change from C-P (Commercial Professional) to c.--G (Commercial General) for a 7.9 acre site. Located south side of Scholls Ferry Road, immediately west. of Greenway Town Center (WCTM 1S1 34BC lot 400). Associate Planner Liden reviewed the staff report and made staff's recommendation for approval with one condition. Discussion followed regarding the traffic signal at North Dakota/Sorrento and Scholls Ferry Road. APPLICANT'S PRESENTATION o Hal Hewitt, representing the applicant, reviewed the history of the Greenway Towne Center. He explained how they would like to expand the center as Phase II with a mixed use of retail and office uses and how it was needed to meat the needs of the neighborhood. He requested that their traffic engineer, Tom Lancaster, address the traffic concerns. i o Tom Lancaster, explained he had done an independent traffic study and reviewed the impacts the proposed change would have on the area. He felt with the addition of the traffic signal at Scholls Ferry and Sorrento Road would mitigate any increase traffic caused by this development. PUBLIC TESTIMONY o Richard Boberg, WPO 9 7 Chairperson, explained that the NPO had reviewed this project. Originally the vote was 4--31 against the change, however, after more review the vote had changed to 6-1 against the change. They felt this would create strip development along Scholls Ferry Road. The NPO would like to see the property remain zoned CP as they had decided upon during the Comprehensive Plan process. o Bob Johnson, S & J Builders, partners in the developers of Meadow Greek Apartments, explained that they had selected their site because of the immediate access to retail space. High quality apartments and high density put a high demand on retail sites and he supported making additional retail property available. o Jahn Morris, Morning Hill Association, supported the NPO recommendation. According to the Comprehensive Plan, more commercial property was not needed. He felt the change would cause a strip zone. t PLANNING COMMISSION MINUTES April 2, 1985 Page 4 i REBUITAL o Hal Hewitt, distributed photos of the area, a diagram of the what the proposed expansion would look like, and an aerial photographs depicting the Commercial properties along Scholls Ferry, from Hwy. 217 to SW North Dakota. PUBLIC HEARING CLOSED o Discussion followed regarding surrounding zoning, traffic flow, and locational criterial (CG B 1 A). o Commissioners Leverett, Campbell; Borgmann, and Peterson favored the proposal. Commissioners Fyre, Vnzde rood, and Moen had mixed feelings. Commissioner Butler opposed, he felt it violated the locational criteria. Commission Owens reviewed the history of the NPO and their concerns at the time of the original NPO 7 plan. * Commissioner Bergmann moved to approve and Commissioner Leverett seconded to forward a recommendation for approval to City Council. Also, they directed staff to take into consideration previous use requirements when the Greenway Towne Center was originally constructed. Motion passed by majority vote, Commissioners Butler, Fyre, and Owens voting no. 5.5 COMPREHENSIVE PLAN AMENDMENT CPA 1-85 and ZONE CHANGE 1--85 ALLISON Request to amend the Plan designation from the Central Business District to Medium High Density Residential and subsequently changing the zone designation from CBD (Central Business District) to R-25 (Residential, 25 units/acre) for a 2 acre parcel. Associate Planner Liden reviewed the proposal and made staff's recommendation for approval. APPLICANT'S PRESENTATION o Kenneth Allison, 6445 NE Union Ave. , Portland, explained that he had nice quality apartments and did not want the quality to be destroyed by having a commercial structure built up to the property line. He felt his property had originally been zoned residential and he would like to have it rezoned to residential to protect the livability of the apartments. PUBLIC TESTIMONY o Carolyn Eadon, NPO # 1 Representative. They did not have a recommendation as they had not reviewed the project. PLANNING COMMISSION MINUTES April. 2, 1985 Page 5 CITY OF TIGARD, OREGON ° COUNCIL AGENDA ITEM SUMMARY AGENDA OF: April 22, 1985 AGENDA ITEM e �� DATE SUBMITTED: April 17 1985 PREVIOUS ACTION: Planninq Commission ISSUE/AGENDA TITLE: Ordinance for recommended approval 4/2/85 CPA -1-85 & ZC 1-85 _Kenneth PREPARED BY: Keith Liden & LaVelle Allison , REQUESTED BY: DEPARTMENT HEAD OK: la%✓% _ CITY ADMINISTRATOR: - POLICY ISSUE INFORMATION SUMMARY 1 The Planning Commission recommends approval. of Comprehensive Plan Amendment CPA 1-85 and Zone Change 1-05 as indicated in the staff report and Commission minutes. ALTERNATIVES CONSIDERED Y a 3 F 1. Adopt attached Ordinance 2. Deny attached Ordinance. SUGGESTFD ACTION �.._._.._..__._.._. Adopt the attached ordinance. 1244P dmj TIGARD PLANNING COMITY ON REGULAR MEETING - APRIL 2, 1985 't 1, President Moen called the' meetinFgoo°-°10865 SW Walnur bit 7:34 t The meeting was held at Fowler Junior High Lrl Commissioner Butler Fyre, 2 ROLL CALL: PRESENT: President Moen,Bergmann, Campbell, Leverett. Vanderwood, Peterson, and Owens (arrived 7:45 P.M-) of Community Development William A. STAFF* Director Monahan; Associate Planner Keith S. Liden; i Secretary Diane M. Jeldderks. 3, APPROVAL OF MINUTES * Commissioner Vanderwood moved and Commissioner Campbell seconded to approve minutes as submitted. Motion carried unanimously. a 4, CommiSSION COC"UNICATION ent Monahan explained that it is necessary Development Director of Community ril 16, 1985, because of the number of the held a second hearing on Ap Also, a brochure to Comp:'eheneive Plan Applications which need processing. printed by the Tigard Chamber of Commerce was distributed. Five letters were distributed for Agenda item 5.6, rain Street Land Corp- 5, PUBLIC HEARINGS NPO # 6. 5,1 SUBDIVISION S 2-85 and VARIANCE V 1-85 MAWHIRTER six lot subdivision and Request for preliminary plat approval for a to allow two 7,125 square foot to SLS here McDonald n mu of 725 001 iquare late feet is required. Located iQ4 and 200). Associate Planner Liden reviewed the status of the application and made conditions. staff's recommendation for approval with it APPLICANT'S PRESENTATIOf 8150 SW 39th. Portland, representing the applicant requested Vern Lentz, �' access onto that Frank Currie, City Engineer, address the issues regarding McDoanld avid the need for the approval of the variance. Frank Currie statedthat if r onto McDonald.ance was $ still He explained the decrease thQ number circumstances involved alignment of the existing sidewalk and the special be with that alignment. He requested that an lac al ramificationsO1added related to which would release the applicant from any g He also explained the the negotiations for condemnation of right-of-way• difference between public easements and row dedications. PLANNING Cop"ISSION MINUTES April 2, 1985 Page 1 REBUTTAL o Hal Hewitt, distributed photos of the area, a diagram of the what the proposed expansion would look like, and an aerial photographs depicting the Commercial properties along Scholls ferry, from Hwy. 217 to SW North Dakota. PUBLIC HEARING CLOSED o Discussion followed regarding surrounding zoning, traffic flow, and locational criterial (CG B 1 A). o Commissioners Leverett, Campbell, Bergmann, and Peterson favored the proposal. Commissioners Eyre, Vanderwood, and Moen had mixed feelings. Commissioner• Butler opposed, he felt it violated the locational criteria. Commission Owens reviewed the history of the NPO and their concerns at; the time of the original NPO 7 plan. * Commissioner Berginann moved to approve and Commissioner Leverett seconded to forward a recommendation for ,approval to City Council. Also, they directed staff to take into"cons idr ration previous use requirements when the Greenway Towne Cen'.er was originally constructed. Motion passed by majority vote, Commissioners Butler, Fyre, and Owens voting no. 5.5 COMPREHENSIVE PLAN AMENDMENT CPA 1-6-5--and ZONE CHANGE. 1-95 ALLISON 1. Request to amend the Plan designation from the Central Business District to Medium High Density residential and subsequently changing the zone designation from CBD (Central Business District) to R-25 (Residential, 25 units/acre) for a 2 acre parcel. Associate Planner Liden reviewed the proposal and made staff's recommendation for approval. APPLICANT'S PRESENTATION o Kenneth Allison, 6445 NE Union Ave. , Portland, explained that he had nice quality apartments and did not want the quality to be destroyed by having a commercial structure built up to the property line. He felt his property had originally been zoned residential and he would like to have it rezoned to residential to protect the livability of the apartments. PUBLIC TESTIMONY o Carolyn Eadon, NPO # 1 Representative. They did not have a recommendation as they had not reviewed the project. PLANNING COMMISSION MINUTES April 2, 1985 Page 5 o Joe Van Lom, Architect, 34 NW 1st, Portland, stated that the applicants primary concern was buffering. Presently their is nothing in the Code to protect this residential use from the commercial use. He was also concern with the noise problems which would be created with commercial development. o JB Bishop, 10505 SW Barbur, Suite 303, opposed the zone change from CBD to residential. He stated that the properties were not very wide and needed the ability to build with 10 feet of the property line. He reviewed the history of Mr. Allison site and added that they would be providing adequate buffering through the PD requirement. REBUTTAL G Mr. Allison stated that the Code was designed to protect people and felt his tenants should be protected with a 30 ft. setback. , which is what would be required between a commercial and residential zone. PUBLIC HEARING CLOSED o Discussion followed with staff on how the site had become zoned CBD A Commissioner Fyre moved and Commissioner Va.nderwood seconded to forward CPA 1-85 and ZC 1-85 to City Council with recommendation for approval. Motion carried by majority vote. Commissioner Leverett, Campbell, and Bergmann voted no. 5.6 PLANNED DEVELOPMENT PD 1-85 £ ZONE CHANGE ZC 5-85 MAIN STREET LAND i Request for Conceptual plan approval for a 221,000 square foot retail center on a 20.3 acre property and for- a Zone Change from R-12 (PD) Residential, 12 . units/acre) to CBD (Central Business District) for a 3.19 acre parcel on the southeast side of Ash Street. Associate Planner Li.den reviewed the project and made staff's recommendation for Conceptual approval of the Planned Development and denial of the Zone Change. APPLICANT'S PRESENTATION o JB Bishop, 10505 SW Barbur, Suite 303, reviewed the history of the project. He expressed his need to have the Zone Change to allow employee parking as well as parking for the Fanno Creek Park. He also explained why he need conceptual approval tonight, otherwise there would be no project. o Grigsby Christopher, of Brun, Moreland, Christopher Architects, reviewed the layout of the project and the design features used to protect the abutting property owners. o JB Bishop continued that they would be applying for a Sensitive Lands Permit. Also, the project has more land, however, the ratio of land to parking is decreased has well as ratio of retail space to land has descreased. PLANNING COMMISSION MINUTES April 2, 1985 Page 6 Unio:,. Av(_—ic Or-L I Z,1W r 9i, IL 22 , re: Proposed zone change. Dear Council Members: F i 1 e I I- i a n c! My wife and I are the owners of Pacific Villa,-e AparLmvi-.-_E: at 9655 S . McKenzie Street. We have "Len apartments anc! twenty-two one-bedroom apartment' s on thc property . T11e builu'inj;s (and the grounds) are maintained in top conditi,--r" and will be there many years for people to live in. the Lot-1 ground area is approximately two acres . rile property was acquired as follows: T n Decembor, 1971 , we purchased the twenty-Leto one bc('r,-)c):;, on approximately one acre of land from 1'aul ar,(_1 Kathryn Car(-y units and Wallace and Mary .Johnson. At that timethe properL)' w;-.S lone'. R-12, residential . In 1979, we purchased approximately an acre of land actioinin, the above from Franziska iluchholi,. and J . Bis"uP, a-ntl proceeded to build ten two bedroom units on the that time the city required a ten foot seV_baC` fron; L11C' p] (I j�t:FLV arite requirement on the orij,, llnc,. This was the s _inal twcnLy-t�,'a units . Several years ago the city decided to extend the CcrLl-ill business District and our property was included in ti-Ie C.B.D. , which is unfortunate for ourselves and for our tenants . As part of the C.B.D. , a commercial developnent can be built up to the property line of our apartments, which would result in a greatly diminished quality of life for the tenant!:' by reason of; Noise from air conditioners on roofs. Noise from traffic. Noise from commercial vehicles delivering to business establishments . Noise from garbage pickups. Bright lights from area lighting as well as from vehicles . All of the above at early and at late hours would result in unhappy tenants and vacancies , and would reduce the Value of our property. CiL4 .OUT. i1 Apiil 22, 19S5 with. the Tax Dc-partmunc- of :ashiii!_,Lori WO found all of our propOrL�` resi( ,i-i -]( tial rate uh becase ori their rcLorcLL - i a! UCSidcTtial , but that if it is coru, ,- ial Li- L I't i L(-' Oli thc- lanc! will be about kl,).a*.! ( gooc! reason for ha,, in:- rhe zonc, char.;:- t� --I u feel it is imperative that the City Council allow us the zonte change to residential at; rcquc-SLcc! and as rcco.,mmcri;icd by the Planning Commission. Respectfully subrrdttc(] , L Kenn--th V. %llison For hc) c) Exhibia� 5 � See Dun C I i in c� 0 64122185 PA I-ss ZE I-zs Ln ml L� n Vor `7437D'3 5Ff, CZUA3C1 L R11, fly s IIIIt11 Is ght IIIIIIIIII III'If1 r I i ` 4 � {1sII� I {IIII� I. ( �I�I�� I__�i { I rlr{t!t I(s11lI rl��ry ifilllt s o"�tII llt{t!I IltislT s!t{IiT sins s I''s sls sus sls s{s sls sus sls►I"" „ NOTE: IF THIS MICROFILMED ___. ......f. Z _ .3 6_ _ 7 8 DRAWING IS LESS CLEAR THAN THIS NOTICE, IT IS DUE TO THE QUALITY OF THE ORIGINALDRAWING. oe ez ez Lz 9z sz oz"__Ez zz Iz oz 61-81-.,Li __s � sr' i.I e! -Z1- ii ai e a 1 9-- 5-- t, e _Z Imo. F swrNNluu�nithul�unhsus�snsltsansFllI�pptlp Wi{llW1111 'J 1990 ' -- r ._ W U ' 4 w x I- FL.1 O v Q z �I�Na;il� �-I--1AD�'�IzE� �/y�I GAIn Imo'IS m- �f-1t1�ILT .n1-I W o Eve Ih�% °� I✓�I-IS'6 FLP �'N r I-I) ¢ L /- I'15.D �r�T W��.�✓. - �/ t�l�-i/1N Ic>°,� v�N R� �, � '' _ z a IS-7.0 Cr-F�i✓ _ Z I°- yyra t� 11-J 2sTAl fi ✓,'-F-a�-T' ', F--�,ir•--`�_�"'1 1---r-.._ ��_J ._.L `lir 7.�i�. i 1 _��Tr r �, � H _ - r I 1 I 1 Z -�. riL7r x 1 I� 1 �+ �tI�� 111111 11t 11�� I={t}t L LU i�P7 r,9 inL 1-7' �v a FoRE11' i rro'bts{I G�vvlal�b -Gt�r� —�X� NfeTNP�,- UFS'Pr-To P-a-1PoN czYY- Yrs / I ypp_o(ae� GUV�.��J' P/a','z�liJr;1 i 6i- lj 6Nl�b N'� o wJ17 APAP-TMSN / P-x '>• oP-fIUK�II� �ITo�t �I NIJrT II ° } �It Qv{IRj MG�i-Ir l�. DATE !{➢ /7 1 >�--, �l i 11� Ptd� 1�/1°�5 - .I t.'•. > GOVT -G ° 1 I1 DRAWN BY qtr l�ATD CHECKED BY '? I REVISIONS l 1 - - SHEET 1 - OF I. ..... - .-..-.._�,.:- ..._�:—"-=•-""_„m-_..�> �_.... .� _., ..,;,;�.�A�ec,:a:=ter. �...<.�-..., c' ' r111111I1111111111111111111111111IIIIIII111llllllllllllll�Ililli(1Il�lllll lllltllTI CJII IIIIIIII 111111 I�1IIIn lI11111111111111111111111111111111111111111111111III1I111III11111Illllll 11111 111 � -� NGIE: IF TN IS NICROFIL)CD I 2 3 4 6 6 7 JJ8 9 11+10 11 12 OFNNING I,.." S I.ESG ILEA,'", THIS NOTIL£.IT IS OIIE" 1VE WALITY OF 11E ORIGINAL °RAVING. OE 62 92 L2 912 SZ 4'2fZ____ Z2II�ZOZ Of�1 91 II�LI 91.I�S''I '''l EI 1�211 11 01 6 9 L 9 S b E 2 1-- 24 x I,JImbmLIIdIIIdIIId11,61Nb11NnulnuLuduuWMWINL9i1fI91N61j{lgnfbw9946WUIJ1�1Lu4nUUIW1u11u1Ww9llLWtlnuI16111wW1itl1u1119L11 SII Iu1d1916111WL1,luldll,hlld IIII�LIIdIIIIL11dNNL9111IIILI911WtIW11111; MARCH 7 „1990 i i MEMORANDUM CITY OF TIGARD, OREGON TO: HONORABLE MAYOR AND CITY COUNCIL April 19, 1985 FROM: Donna Corbet, Executive Secretary SUBJECT: Agenda Item # 9, LID Policy Discussion The final draft of the LID Policy is completed, but has yet to be typed in final form for distribution in time for your review by Monday night. it has been requested that it be tabled for future discussion and approval as soon as it can be rescheduled. My apologies for the delay. - - : CITY OF , ', OREGON MEMORANDUM '\ ■ , , . . . ' • -_ FROM: . . , Policy Discussion / A revised draft will be delivered Saturday evenii., y�\ - ior the Monday \ night discussion. \ ��} \ a�:\ ?;� Y i CITY OF TIGARD, OREGON r" e. COUNCIL AGENDA ITEM SUMMARY AGENDA OF: April 22, 1985 _ AGENDA ITEM #: DATE SUBMITTED: April 17, 1985PREVIOUS ACTION: (done { fi ISSUE/AGENDA TITLE: Community Development — Monthly Report��— PREPARED BY: William A. Monahan March, 1985 REQUESTED BY: Community_Deveiopment DEPARTMENT HEAD OK: !� �� CITY ADMINISTRATOR- POLICY DMINISTRATOR:POLICY ISSUE INFORMATION SUMMARY The report of the Community Development Department is attached for your review. u Fp€ k ALTERNATIVES CONSIDERED Accept and place on file. SUGGESTED ACTION Accept and place on file. (WAM:br/1239P) MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council. April 15, 1985 FROM: William A. Monahan, Director of Community Development /`kt " SUBJECT: Monthly Report — March, 1985 Attached please find the Monthly Report for March, 1985, prepared by the Department of the Community Development. Elements of the report are: 1. Annexation Report 2• Building Division Report 3• Code Enforcement Report 4. Economic Development Minutes 5. Engineering Division Report 6. Planning Decisions 7. Public Works Report The stro:;T building trend continued in March as 35 single-family permits were issued, the most for one month in the past three years. Fees through the end of March remain far ahead of 1984. Codes enforcement activity was quite low in March, due to vacation schedules and volume of work. Following is a comparison of building activity for March of 1984 and 1985: March, 1984 !`larch, 1985 Single Family Permits 19 35 Multi—Family Permits (total units) 0 0 Commercial Permits 2 2 Building Permit Fees $ 9,906.00 $ 16,188.00 Plan Check Fees $ 4,849.62 $ 7,508.07 Plumbing Permits $ 1,845.00 $ 11,690.08 Mechanical Permits $ 358.52 $ 1,050.50 Sign Permits $ 470.00 $ 60.00 Valuation $2,282,085.00 $3,521,342.00 Throught the first three months of the year, activity compares to 1984 as follows: Single Family Permits 53 64 Multi—Family Permits (total units) 0 330 Commercial Permits 6 3 Building Permit Fees $ 24,926.50 $ 56,690.00 Plan Check Fees $ 11,983.84 $ 16,295 85 Plumbing Permits $ 8,004.70 $ 23,007.98 Mechanical Permits $ 1,428.52 $ 2,430.50 Sign Permits $ 665.00 $ 175 00 Valuation $5,263,621.00 $15,578,580.50 Monthly Report Memo ( ?age 2 April 17, 1985 Economic Development Committee — The Committee met once to discuss the role which the Committee can play in planning for the economic renewal of the downtown area. Several area property owners met with the Coii+mittee to share their concerns about zoning, public improvements, and image. Further sessions will be held. i a (WAM:br/1239p) r` k i, MEMORANDUM CITY OF TIGARD, OREGON TO, City Council April 15, 1.985 FROM: Elizabeth A. Newton, Associate Plannere`/W SUBJECT- Annexation Activity for March, 1985 The City Council scheduled a request from Dr. Gene Davis to annex approximately 21 acres into the City for the April 8, 1985 meeting. The property is located north of Highway 217, east of SW 95th, and south of SW Oak. The Planning Department has not received the necessary paperwork from the Tigard Times For Annexation. 0.". 'k. 1222P dmj MEMORANDUM TO: CITY COUNCIL FROM: PLANNING AND DEVELOPMENT DEPARTMENT DATE; April 15, 1985 SUBJECT: Monthly Report for month of March Building Division February's building activities include permits for 2 Signa, 35 Single Family Residential„ A Residential alter/repair, 2 Commercial permits, 6 Commercial alter/repair, 2 Single Family Residential Renewals, 1 Garage, 1 Storage, 1 Fill, 1 Demolition, and 1 Site Work for a total valuation of $1,776,046.00. Fees for 54 permits $15,884.00 Fees for 59 Plan Checks 7,508.07 'Fees for 2 signs 60.00 Y Plumbing Aci.tivity — 48 11,690.08 Mechanical Activity — 47 1,050.50 TOTAL. . . . . . .$ 36,192.65 Sewer Connections - 22 $ 4,070.00 Sewer Inspections - 35 $ 1,255.00 (BS/0076P) n�oc` 00000000000 . 000 . 0 . 0 . 000 . 0 . 0 `x' 00000 oo �0i000 00000000000000cJ000000 $ oo ,00000 .-� O N N C w N m Ut o O m P. C' ts? r4 01 m N C, c O to %0 U) U? w w c c U? LP c U? n U! w U? U) U? U? NO U! 10 U? UT U) c U? 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The minutes of the February 19, 1985 meeting were reviewed and adopted as written. Kathryn Budny and David Clement were recognized as the two newest members of the * Committee. All positions are now filled. A recent Council action now allows Mayor Cook to appoint a representative to act on his behalf for the length of his term. Mayor Cook's Representative is expected to be Fppointed shortly. The main topic of discussion for the meeting was the Central Business District — it's problems, potential, and role that the Committee can play. Bill Monahan gave an overview of the Tigard Urban Renewal Agency (TURA) program from it's beginning in December of 1981 to it's elimination as the result of a voter initiated petition in September of 1983. He stated that the Committee chose the area for review because the TURA program had developed a plan which identified capital improvement needs which can be the basis for future economic development planning for the area. Bruce noted that a number of downtown property owners were present to express their views. lie encouraged all to provide input so that the Committee can consider all options. John Savory of Southwest Office stated that he is concerned about traffic flow, absentee landlords who neglect their properties, and the continuing deterioration of buildings. He suggested that selected older, rundown buildings be torn down and replaced by new buildings. He suggested that business owners take a greater interest in the area by investing in building improvements. A private investment group could be created. John favored more commercial development of both retail and offices for the area. Pat Furrer, former TURA Advisory Committee chairman, stated that the Chamber of Commerce formed a committee in 1980 that got the urban renewal program started. That group included downtown business people, including people from Burnham Avenue. The group worked with NFO #1 in developing the program and area zoning. Pat urged that Committee members consider the positive impacts of urban renewal in Beaverton and Tualatin. He stated that tax revenues available to a city cannot be expected to fund redevelopment activity. Pat reviewed some of the improvements suggested by the Committee, such as a new circulation plan, widening of streets, new storm drains, and provision of parking structures. He noted that the cost of public improvements which benefit property owners could have been shared by the program. Although Pat specifically stated that he does not recommend bringing the TURA program back for at least a couple of years, he noted that the plan and financing proposed were viable. Pat cited the need to generate the support of all government agencies such as the Fire District, Water District, U.S.A. , as well as the N.P.O. and Planning Commission. Any plan developed for the downtown should be reviewed and supported by these bodies. Bob Santee, of the Water District, stated that the initiative which defeated TURA was not against urban renewal, but rather, a desire that the people have a right to vote on it. Speaking for the Water District, he cited the need for some identity in the downtown. This can be generated by the construction of public buildings and he rioted that the Tigard Civic Center is the first step. He stated that the Water District waited until the Civic Center site was chosen, then they selected the Air King site for their offices. He raised the issue that steps should be taken to eliminate a current problem that developers must go to several agencies thought the area to get approval. He would prefer that agencies be housed close together for efficiency. Reno Tarkanian, property owner on Burnham Avenue, stated that he desired to located a light industrial use in the CBD. However, the .zoning did not allow it, or he would have built a 6,000 square foot building. As a result, he has located in a light industrial location elsewhere in Tigard. He would like to see light industrial allowed in a complex such as a Koll Center. Dale Deharpport, owner of two plus acres on Burnham Avenue and operator of Dale Construction, suggested that the Committee prepare a plan first describing how best to develop the properties in the downtown. The property which he owns was purchased in 1979 when it was zoned commercial. He has put off developing his land because of the present instability and uncertainty of the area, and its zoning. He stated that there is a need for a commercial anchor to draw commercial trade to the downtown area. Discussion then was opened up to general comments. Pat Furrer wants to see some action. However, he would like to see us proceed with what we started with. Amo inquired as to whether or not it is known how many property owners there are in the area. Jeanne Caswell asked if the number of absentee landowners is available. No figures are readily available. Carl Johnson, owner of land on Burnham Avenue also cited instability as a problem for property owners. He envisions a mixed zone such as use Way. Geraldine Ball, a member of the original Main Street Development )rganization, is not optimistic that the property owners in the ,area will band together and carry out a plan since it is the same group of owners as made up the original group. k Pat Eurrer asked if the Water- District proposal is zoned correctly. Bob Santee stated that the Council has not finalized it yet as complete plans have not been submitted. He cited the existing commercial uses and the outdoor that detract from the appearance of the storage which is associated with them area. Dale Deharpport suggested that by making the zoning more flexible, { improvements in the area would be more likely to occur. p Bruce Clark requested that each member develop a framework of how the 3 Possible items which could be included in committee should attack the issue. the plan of action are: E 1 1. Conduct a survey 2. Contact property owners 9. Develop demographics p. Evaluate the impact of absentee ownership 5. Cook at mixed uses 6. Evaluate instability in the area, and it's effect on development in the downtown area. Fie asked all members to submit their ideas to Hill by April 10, so that he can compile a summary for the meeting on the 16th. Bruce then invited all interested parties to attend future Committee meeting. During upcoming will develop its role and determine what role others meetings, the Committee can play, The Committee is looking for input. pointed out that step two of the Committee's work is to develop the Tony p " plan. This can be done only after getting all. of the interested parties t( involved. The Committee wants community support to make the program work. No developers attended to make a presentation of their projects although U. S. p Bishop had planned to attend. There being no further business, the meeting ended at 9:00 A.M. (1175P) MEMORANDUM i CITY OF TIGARD TO: William A. Monahan, Director of Community Development Frank A. Currie, Deputy Director FROM: Randy Clarno, Engineering Services Manager Z t DATE: April 17, 1985 SUBJECT: Engineering Monthly Report for March, 1985 Personnel Time Spent in Area —_March Year to Date Third Quarter I. Planning and Development Activities A. Development Application Review 6% for Engineering Stvandards 10X (including care—application meetings). B. Public Improvement Permits (plan 26% check, construction inspection, 30X Processing legal forms and project administration. C. Citizen assistance and other 10% agency assistance. 11X D. Special Project Activity 18% 1. Field Control Network and 19X computer aided Base Mapping 2. Development Services Policies 2q 2% E. Other Activities 1. Planning, Building, & Operations Support 10% 2. Administration (including Civic Center 6X Work) 1LX 10% 3. Vacations, sick leave, holidays, etc. . . 12% 4. Fanno Creek Park 4% 12% F. Project Fees Collected March _Year To Date 1. Operations Service Fees a. Streetlight Fees $ 413.76 b. Sign Fees $6,824.44 241.30 1 316.45 TOTAL $ 655.06 $8,140.99 2. Engineering Service Fees a. Street and Sewer Permit Fees $3,713.60 $36,247.57 (0040P/lar) TIGARD PLANNING COMMISSION REGULAR MEETING - MARCH 5, 1985 1. President Moen called the meeting to order at 7:35 PM. The meeting was held at Fowler Junior high - LGI Room - 10865 SW Walnut. 2. ROLL CALL: PRESENT: President Moen; Commissioners Butler, Fyre, Owens, Vanderwood, Bergmann, and Campbell. ABSENT: Commissioners Leverett and Peterson. STAFF.• Associate Planners Keith S. Liden and Elizabeth A. Newton; Secretary Diane M. Jelderks. 3. .APPROVAL OF MINUTES Commissioner Fyre moved and Commission Bergmann seconded to approve minutes, as submitted. Motion carried by majority vote of Commissioners present, Commissioner Owens abstained. 4. C0MMISSION COMMUNICATION o Staff distributed copies of sections of land Use Procedures and Practices in Oregon. Also, a letter from NPO # 3 was distributed regarding agenda item 5.1 (ZOA 8-84). 5. PUBLIC HEARINGS 5.1 ZONE ORIDINANCE AMENDMENT ZOA 8-84 (COMMUNITY DEVELOPMENT CODE) (5.1 a.) Review Section 18.26, 18.94 (Manufactured Homes), (5.1 b.) 18.36 and 18.98 (Flag Lots and Height Limits). 5.1 a. Associate Planner Liden explained that the information on Manufactured Homes had been taken back through the NPO process. He reviewed NPO 3, 5, and 6's comments. The other NPOs had not responded. He requested that the Commission make a recommendation to City Council whether or not manufactured/mobile homes should be allowed on individual lots. PUBLIC TESTIMONY o No one appeared to speak PUBLIC HEARING CLOSED COMMISSION DISCUSSION AS ACTION o Consensus of the Commissioners was that Manufactured Homes should be allowed if they met the standards as required by stick built homes and have criteria which they would have to meet to be allowed on individual lots. ' Also, they felt their was a need for a strong definition between manufactured homes and mobile homes. PLANNING COMMISSION MINUTES March 5, 1985 Page 1 * Commissioner Campbell moved and Commissioner Fyre seconded to recommend to City Council to allow Manufactured Homes on Single Family Lots, that they meet the same standards as required for stick built houses, that they meet the standards for subdivision and criterions be established to allow manufactured homes on individual 3 lots. Also that a definition be made for manufactured and mobile homes. Motion carried unanimously by Commission present. a 5.1 b. Associate Planner Liden reviewed the memo and information stating that staff preferred alternative number five. Lengthy discussion followed. PUBLIC TESTIMONY o Mary Clinton, 9865 SW View Court, representing NPO # G, read the NPO's recommendation from their February 25, 1985 minutes. They were concerned about giving authority to the Director to decide this issue. PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION r F o Commissioner Vanderwood, Fyre, Bergmann, Butler, Owens and Campbell favored alternative number five. Commissioner Bergmann was not sure why the code needed changing, he felt it was adequate as is. Lengthy discussion regarding the side yard setbacks. o President Moen stated his concerns for alternative five. He supported alternative number two, which would require that the Code provisions be applied only to flag lots which are not in subdivisions. * Commissioner Fyre moved and Commissioner Vanderwood seconded to recommend alternative cumber 2, which reiterates their recommendation of May 8, 1984, to have the Code provisions only apply to flag lots which are not in subdivisions. Also to add 10 ft. for side yard setbacks, also remove the word provided. Motion carried by majority vote of Commissioners present, Commissioner Butler voting no. 5.2 COMPREHENSIVE PLAN AMENDMENT CPA 30-84 FINDINGS POLICIES AND IMPLEMENTATION STRATEGIES DOCUMENT. Review Policies 3.1.1, 3.2, 3.2.35 3.4, and 3.4.1. Associate Planner Newton reviewed the status and requested that staff's recommendations by forwarded to City Council. PUBLIC TESTIMONY o Geraldine Ball, read her concerns into the record, she favored staff's recommendation. i 4 r F PLANNING COMMISSION MINUTES March 5, 1985 Page 2 f o Associate Planner addressed NPO # 3's written concerns. * Commissioner Fyre moved and Commissioner Owens seconded to forward staff's recommendation to City Council with a recommendation for approval. 5.3 SUBDIVISION S 1-85 EDITH CARNAHAN NPO # 7 Request to subdivide a 129,329 square foot parcel into 13 lots ranging from 7,500 to 8,400 square feet on property zoned R-4.5 (Residential 4.5 units/acre). Located: 10985 SW North Dakota St. (WCTM ISI 34BC lot 200). Associate Planner Liden noted corrections on the staff report and made staff's recommendation for approval with 10 conditions. APPLICANT'S PRESENTATI014 o Gordon Hobbs, President, OR-AK Corporation, 13050 SW Forest Meadow Way, Lake Oswego, OR 97034, accepted staff's recommendation and asked the Commission for their approval. A PUBLIC TESTIMONY o Stan Smith, 10925 SW 108th, adjacent property owner, was concern about the severe drainage problem they currently have, he did not want to see this project develope if it would increase his existing problem. He also wanted to know what type of homes would be built. REBUTTAL o Gordon Hobbs stated that the City has drainage requirements and if there is any affect on the adjacent property it would decrease their water runoff. He was not sure of the types of homes, he would be selling off the lots to builders, but expected them to be compatible with the surrounding neighborhoods. o Edith Carnahan, 10985 SW North Dakota, owner of the property, objected to the fact that she was required to do half--street improvement in front of her house. She felt the improvement should only be required in front of the subdivision. ` t PUBLIC HEARING CLOSED o Discussion followed regarding the 25' easement strip, why Mrs. Carnahan Was being required to improve in front of her house, road alignments and the turnaround. * Commissioner Butler moved and Commissioner Bergmann seconded to approve S 1-85 adding condition number 9. Requiring a turnaround at the end of 109th which is acceptable by the City and Fire Department. Change Condition number 9. to 10. and condition number 10. to 11.; and modify condition number 1. to read PRIOR TO RECORDING OF FINAL PLAT instead of ISSUANCE OF BUILDING PERMITS. Also, to i PLANNING COMMISSION MINUTES March 5, 1985 Page 3 f Tete the final order and haVe President re identyMo n authorize staff to thatcofinal order. Moti sign off passed on Commissioners present. 85 AND VARIANCE V 1-85 ARLIE fi IRENE 14AWHIRTER NPO # 6 3 5.4 SUBDIVISION S l- " approval of a six lot subdivision with Request for preliminary plat aP. 125 and 8,500 square feet and for a Variance 4th parcels ranging between 7, s uare minimum lot size of the R allow two lots below the 7,50Loc ted: 9680 SW McDonald St• (WCTM 251 (Residential 4.5 units/acre) 11BA. lots 104 and 200). reviewed the staff report and made staff's Associate Planner Liden with 11 conditions, noting that in condition recommendation for approval number three, the word major should be minor. APPLICANT PRESENTATIOTI ncurred with the staff report U Vern Lentz, 8150 SW 39th, Portland, co s itionwere acceptable* and felt all condr � I PUBLIC TESTIMONY ranting the variance, she 0 SW 97th, opposed g o Elise Vaillailcourt, 1414 fe.L thins would set a precedent which would allow lots to become � smaller than necessary. Ron Lautt, Lake Oswego, representing 4440 Douglas Way, ortions, o Stu Kendall, would affect the LID p opposed allowing six a.ots as they beer. assessed. He did not feel the owner would e which had alreadybe if he was allowed six lots instead of five. paying his fair which they felt he should be allowed. REBUTTAL Vern Lentz, was not sure then and best is a useefor the land ss issue involved. He felt o hest this proposal was the highest 14265 SW 80th Place, owner, stated that it wars City 's requirements for street dedications, that he o Arlie Mauhirter, because Of the Ci,y q was requiring the Variance. PUBLIC HEARING CLOSED rs discussed the alignment of McDonald on void tStreet,thand a Commissioners concern for five new driveway acmate need far the Variance• whether or not there was a leg Motion failed 3 to � Commissioner Vanderwood meotaf �n Tecomunmmendation-ssioner $ergmann seconded or approval of S 2s Moen,Per Owens, and Campbell voting no, Commissioner 3, Commissioners pperty owner within 250' )• Butler abstained (property PLANNING COMMISSION MINUTES March 5, 1985 Page 4 `~ * Commissioner Owens moved to table S 2-85 and V 1-85, requesting that the staff and applicant get together and review the impact that this number of access would have on McDonald, possible joint access. Motion failed 3 to 3, Commissioners Fyre, Vanderwood, and Bergmann voting no, Commissioner Butler abstaining. o Further discussion. k E * Commissioner Campbell moved and Commissioner Owens seconded to table S 2-85 to allow staff and applicant to review the impact of five access onto McDonald, and to reset the hearing to April 2, 1985. Motion passed by majority of Commissioners present, Commissioners ' Fyre and Vanderwood voting no, Commissioner Butler abstaining. i 5.5 ZONE CHANGE ANNEXATION ZCA 1-85 A14D COMPREHENSIVE PLAN AKENDMENT i CPA 2-85 GENE AND VIVIAN DAVIS NPO # 4 i Request to annex 13.19 acre parcel into the City of Tigard and approve a Comprehensive plan Amendment from Washington County Office Commercial and Residential (5 units/acre) Metzger Progress Cogm°snity Plan designation to City of Tigard Comprehensive Plan Designation Commercial Professional and Low Denaity Residential; and for a Zone Change From Washington County OC (Office Commercial) and R-5 (Residential) to City of Tigard CP (Commercial Professional) and R-4.5 (Residential, 4.5/units/acre) on property bounded by Highway 217, SW 95th, SW Oak and SW 89th (WCTM 1S1 35AC, Tax Lots 101, t 2800, 4500, 4600, 4700; and ISI 35AD, Tax Lots 1200, 1300, 1400, and 1500.) 4. . .Azsociate Planner ?Newton reviewed the staff report and made staff's g recommendation for approval with two conditions. APPLICANT'S PRESENTATION s o Gene Davis, 10875 SW 89th, stated lie had lived on the property for .18 years. He wanted to be annexed into the City because the City Code a addressess runoff problems better than the Washington County Code. Also he had been burglarized five times and would like to be able to call the City of Tigard Police. PUBLIC TESTIMONY o Reid Iford, 9970 SW Greenburg road, CPO 4 -- Metzger Chairman, supported the annexation. He was concerned that he had not been properly notified of the hearing. He felt the applicant had been the victim of inaccurate information through the Washington County process and should be allowed to annex and develop in the City of Tigard. o Hazel Lyon, 10440 SW 87th Ave. Portland, 97223, opposed the annexation and read her concerns to the Commission. PLANNING COMMISSION MINUTES March 5, 1985 Page 5 o John Blomgren, 9460 SW Oak, Tigard, opposed the annexation as being ( piecemeal. He stated that the Metzger Plan did not allow for piece meal annexation, it is to be all or nothing. He was concerned when the property developed that it would affect the existing traffic problems on Greenburg and Oak. He felt the property should be developed as a park as most of the property is in the floodplain and is a drainage pond for the entire area. REBUTTAL o Mr. Davis agreed their where flood problems and that he would like to improve them but could not unless he was allowed to annex into the City of Tigard. o Lengthy discussion followed regarding Police service, floodplain, traffic, piecemeal annexation, the Metzger Plan, and the Urban Planning Area Agreement. * Commissioner Owens moved and Commissioner Butler seconded to forward CPA 2-85 and ZCA 1-85 to City Council requesting that the CPO and Metzger Residents be informed of this hearing. They could like City Council to act on this application and "return some indication of policy regarding future annexations in the Metzger area. Commissioners Moen, Campbell, and Bergmann favored the annexation, Commissioners Fyre and `anderwood opposed the annexation and Commissioners Butler and Owens were undecided. 5.6 SIGN CODE EXCEPTION SCE 1-85 CROW/SPEIKER/HOSFORD (PARK 217) NPO # 5 Request for approval of a second freestanding sign and to modify a non-conforming sign on property zoned C-G (Commercial General). Locatedz 11860 SW Pacific Hwy. and Garden Place. (WCTM 2S1 IBB lot 400 and 1400). Associate Planner Liden made reviewed the staff report and made staff's recommendation for approval with 4 conditions. APPLICANT'S PRESENTATION o Randy Mawhirter, 9350 SW Tigard St., representing the Sign Company was available for questions. o Mark Rockwell, Trammell Crow Co., 10300 SW Greenburg Road, explained their need for the additional sign and why they were modifing the existing signs. PUBLIC TESTIMONY o No one appeared to speak. PUBLIC HEARING CLOSED o Consensus of the Commission was that the sign was justified. PLANNING COMMISSION MINUTES March 5, 1985 Page 6 * Commissioner Campbell moved and Commissioner Bergmann seconded to approve SCE 1-85 per staff's recommendation and to require staff to compose the final order and have President Moen sign off on that final order. Motion carried unanimously by Commissioner present. E 5.7 ZONE ORDINANCE AMENDMENT ZOA 2-85 COMMUNITY DEVELOPMENT CODE . t Review Sections 18.68.030, Industrial Park Permitted Uses; Section 18.70.030, Light Industrial Permitted Uses; Section 18.72.030, Heavy Industrial Permitted Uses. Also Section 18.100.090 Setbacks for fences or walls. Associate Planner Liden reviewed the memo and made staff's recommendation requesting the Commission forward recommendations to City Council with approval. o Discussion followed regarding fence heights. * Commissioner Owens moved and Commissioner Bergmann seconded to forward staff's changes to City Council with recommendation for approval. Motion passed unanimously by Commissioners present. 6. Other Business 0 There was no other business. 7. Adjournment - 11:45 P.M. D ne M. Jeld , Secretary ATTEST: A. Donald Moen, President 1082P dM j PLANNING COMMISSION MINUTES March 5, 1985 Page 7 m O� N a� a. Vt a• n M a. j a N( M 1 C s h M O .D ci `•J V1 r V1 n. I .O N Vt NI 1 m .4- m m fN`J M VI O O N V Y w m Y I I u O. � Y oa w ,! w to O MAO Y •I rc 1 +wr m 1 '7 O n N W rT m a ul r�i am m V1+ n — a a o. w � j ao� n M a. v M •n a u ep i 6 N �T { 41 u M G O M� et ® l sa si a N q H V1 N W W W J W--•� ~0 U - i z w � W W V1 t ►. 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Gallons X yr-to-date $ Amount Account Number PWWW 234 . 1 113 2 . 356 ..9 10_21200-611 PWST 255 . 0 123 2 , 296 . 3 10-21.300-611 PWSS41 . 3 020 310 . 1 10.21500-6 11 PWP 149 . 7 072 1 ,()29 .9 le-21400-611 ADM 16 . 8 008 312 . 9 10-32000-611 ENG. 87 • 6 042 955 . 5 10_Z2400-611 BLDG 69 . 6 034' 760. 0 10-22200-611 PD 1 ,061 . 5 514 10 , 926 .5 1(}.11200-611 PD � 127 . 1 062 1 ,0901 . 2 10- 11300-"6.11 P.W. Admin. 18 .6 1(} 21100-611 Fin. & Serv. 18 . 8 009 65 .4 10-12100-611 Municipal Ct 5 . 7 10-13000-611 Plan. & Deva 1 . 5 ' 001 5 .9 10-22300-611 Mayor & Coun. 10 . 6 10-31000-611 Accounting 3 .2 002 3. 2 10-12200-61. 1 - TOTAL 2 ,066 .0 20, 153 .6 _ CC: Frank Currie GALLONS IN: I ,000 Jerry McNurlin Capt. Jennings GALLONS OUT: (2 , 06b . Oi Cpl. Meyers Accounting NET: �^ s; i j PUBLIC WORKS OPERATIONS l i Date. 415/$5 HaLntenance Report For Month of :Mar . 1985 YEAR TO BATE CURRENT MONTH ( Mar) PWO PB TOTAL Pyo PO 'TOTAL —i Oil 4 . 25 39x. 3_ 43 . 60 469 50 217 . 5 687. .06 Tires _O -0 -0- 261 . i 699 . 84 1 960 . 92 Maint . Labor i Maint . 907 28 375 44 1 282 . 72 Parts 104 p 52 .9 157 .00tt Repair Labor Repair 9 431 98 120 64 12 552 . 62 ` Parts 1505 296 .0 1 801 . 29 { Outside -0 1 174 . 73 636 .05 1 1110 . 78 Repair -0 -0 FUEL 864 .2 213 . 57 2 077 . 83 7 9 050. 83 13 2 88 74 22� 93357 16f11 . 89 4 0 79 . 72 21 295 . 40 19 932 .27 41 227 .67 TOTAL 2 4 77 . 8 CC: Frank Currie Jerry McNurlin Lt. Wheeler C,apt . Jennings v ,rt 17YOF T1OM MONTHLY REPORT WASHINGTON COUNTY.OREGON DATE:- 4/5/85 FOR MONTH OF: March . 1985 _ OPERA'T'IONS OFFICE WASTE WATER: 2 . 1 . 2 56 . 0 hrs T.V . Inspection ( 111us 88 .0 hrs Community Service 97 .0 hrs Sanitary Sewer Clean labor) 5 . 5 hrs Storm Drain Clean 1 . 5 hrsSanitary Repairs STREETS : 2 . 1 . 3 98 . 0 hrs Street Cleaning (Plus 12 . 0 hrs Community Service 62 .0 hrs Patching labor) 110 .0 hrs Painting b Street Mark . 132. .5 hrs Sign Maintenance 33 .0 hrs Brushing b Limbing 20 .0 hrs Grading 4 Rocking PARKS: 2 . 1 . 4 GREEN THUMB LABOR 58 . 0 hrs Mowing 58 . 0 hrs Mowing 44 .5 hrs Irrigation 2 . 0 hrs irrigation 26 .5 hrs Restroom Maint . 14 .0 hrs Restroom Maint . 15 . 5 hrs Ballfield Maint . 4. 0 hrs Ballfieid Maint . 25 .0 hrs Rec . Equip . Maint 2 . 0 hrs Building Maint 50 .0 hrs Landscaping 30 .0 hrs Landscaping 12 .0 hrs Construction ( Plus 52 .0 hrs Community Service labor) SUPPORT SERVICES : 2 . 1 . 5 19 .0 hrs P.M. on Equipment 195 . 25 hrs Sched . Repairs 5 . 75 hrs Unsched . Repairs 22 .5 hrs Fabrication 1 .0 hr Road Service 27 . 75 hrs General Support 1f75,1,S.W:ASH P.O.BOX 23397 TIGARO,OREGON 97223 PI-i:639-4171 .t. OLUNTEER WORKERS 1,- " Washington County • • •r the Month of: Marcli 1985 City of Tigard Hrs Ordered Hrs Worked NAME Mary Mosely Tc 7 14 G r 4�_�. y. F y ; e � yy tr��h` vcf itisi"s. �.f{ 4. qs _y i; v o = +� c, ry ,r S Y Y Jt^�..is•. _ WORKERSCOMMUNITY SERVICE V OIXNTEER �Z 4 larcii 1985 g For the Month of: 1. 1W��,hton County Correction City of Tigard yk w NAME ordered Worked h72i i 5" • u • Jerry Harman 100 92 r= t fir s �,c• J. sem: y s ''�R .t+r �•y4 fi: �s >"Y" r� Y c •�w t. s y aE i 7 sem; f t x S n Y . . . WORKERS : . : Washingtonh 1985 - �� »`\ Tigard - \ ' \ \ NAM EHrs ordered Robert Crommet,t Al len Nalei Gray 28 ' - �,} - ��\ - :�% \ >dTz w�s . . , . , so, 2- MEMORANDUM (' CITY OF TIGARD, OREGO?4 TO: Mayor and City Council April. 8, 1985 FROM: Jerri L. Widner, Finance Director�ytil i SUBJECT: DEPARTMENTAL REPORT — MARCM During the month of March, the City received 5,387 telephone calls and had 1,718 walk—ins. Support services processed 10,687 pages through copy and word processing jobs. Thare were 78 purchase orders processed, 1 SAIF claim filed, 3 complaints were filed and recruitment for a building inspector was initiated. The Federal. Revenue Sharing Task Force on handicap regulations met with Doris Hartig. They reviewed the plans of the new Civic Center and made suggestions regarding barriers to the handicapped. These concerns were relayed to the architect. March was busy with Budget meetings and looks to continue into April. I attended a State Municipal Finance Officer's Association meeting and picked up useful information for the City. (0881F) - qA PUIcPhone 638-5511 12568 SW Main-Tigard, Or.57223 MONTHLY REPORT_ March 1985 TO: LIBRARY BOARD CITY COUNCIL FROM: CITY LIBRARIAN LSCA Grant: In response to City Council's request that the library's application for Library Services and Construction Act (LSCA) , Title II, funds be revised to request additional square footage, the Library Board reported to Council on March 25, that the 4200 additional square footage needed would exceed $200,000. This amount would be the maximum awarded a,:d would necessitate the city's in-- vestment of almost $10,000 to make application. On staff and board recommendation Council decided to cancel the application. WCCLS: The Washington County Cooperative Library Services (WCCLS) bal.lot requesting $2.2 million operating funds for two years was defeated March 26. Librarians and city managers met :March 28 to discuss plans for a possible new levy in May or June. Volunteers: Twenty-six volunteers gave a total fo 270.5 hours service: daily average, 10.4. Staff time, 1 hr. 40 min. Community Service assignees worked 47.5 hours; daily total 1.8 hrs. Staff time required 55 min. Library Board members gave 26.75 hours; daily average 1.03 hours. Work Indicators: March 1985 March 1984 Adult :Materials 77.20 8011 Juvenile Materials _3372_ 3676 TOTAL 10,592 11,688 Days of Service 22 23 Average Daily Circulation 481.5 5b8 Increase/Decrease Circ (Daily) -5. -7% Reference/Reader's Advisory 410 482 Storytime 52 89 Special Children's Programs 30 -- Materials Added/Withdrawn 695/0 392/234 Borrowers: New/Renewal 225/172=397 265/168=433 POLICE DEPAR`I DE MUMMY REPORT March, 1985 TO: City A&Tdnistrator/City Council FROM: Chief of Police I. Personnel The departmrent continues to be down one frcm full strength this month, (28) with the vacancy still being in the Patrol Division. `kne average daily department strength this manth was 16.8 as cccrrpared to 18.5 for March, 1984. By division, the breakdown is as follows: Administration 1.5; Support Services 4.0; Patrol 7.8; Traffic 1.2 and Investigation 1.9. II. Service jyeEy The department responded to 587 non-crima.nal calls for service in contrast to 768 calls in March, 1984. The ccarl)i.ned total non--criminal calls for service the first quarter of 1985 was 1,809; for this same tame period in 1984, the total was 1,970. Patrol Division's obligated time was 2,070.4 hours; for the quarter it was 6,1.89.7 hours. The non--obligated tilde: this month was 336.8 hours, for the quarter it was 1,051.3 hours. III. crirr& 9Ajere were 121 Part I crimes reported this month as canpared to 82 for March, 1984, up by 39 crimes in this classification, or 47.6%. There � were 40 Part I criicsr'-s cleared this month, or 33.1%. Tne total Part I crines reported this quarter was 349, in contrast to 229 for this same quarter last year, an increase of 52.4%. The clearance rate for Part I crimes this quarter is 30.4$, car 106 me cases. In contrast to the same time period of 1984, 32.3% were cleared, or 74 cases. The department responded to 79 Part II crimes, and 50 were cleared, or 63..3%. For the same month last year, 82 were reported and 61 were cleared, or 74.4%. There were 63 persons charged this month as compared to 61 for this same tiro period last year. The total Part II crimes .reported this quarter was 235 in contrast to 232 reported the first quarter of 1984, an increase of 3 cases, or 1.3%. There were 145 Part II eases cleared this quarter, or 61.7%, for this sante time: period in 1984, 148 crises were cleared, or 63.8%. There were 189 persons charged this first quarter of the year as ccpaared to 166 for this same time period last year. The Investigative Division worked 43 active cases this month, and cleared 15, or 34.8%. The total active cases worked this quarter by ig the Investigative Division was 112, of that number 45 were cleared, or 40.1%. The reported property loss was $53,061, and $9,282 was recovered, or 17.5%. The combined total property loss this quarter was $421,751; of that total $43,918 was recovered, or 10.4%. IV. Traffic Patrol Division responded to 28 accidents, of that nambei 5 were injury. There were 381 citations issued, as compared to 461 for this same time period last year. In addition, 358 warnings were given this month as ccopared to 415 in March, 1984. The enforcement index this month was 48.00, as compared to 41.85 for March, 1984. Patrol Division issued a total of 1,304 citations this quarter in contrast to 1,363 for this same quarter last year. There were 13 injury accidents reported this quarter, while 24 injuries were reported last veaz in the first quarter. 'I"!'.z Enfor=event Index for this quarter is 58.08 in contrast to 37.83 for this same quarter in 1.984. V. Police Reserves The Reserve L'nit worked 127 hours this month assisting the department in policing theccxmsunity; through this charter the Reserves have donated 509 hours of ccnnTanity service. The majority of this time was spent out in the ccmmirity on patrol and assisting citizens. See attached monthly report from the Reserves for a complete breakdown of s their activities. VI. - Asn*r si� nts A.1,3- _g Rip (see attached report) B. motorcycle Program (see attached LeFort) € , C. Alarms and Permit Recap (see attached report) € VII. Trairsin A. Lt. Wheelerand Support Services Manager received 8 ho;urs of training on March 26, when they attended a IPI Workshop on formance at the GreevnIn *ocd I . Total Imaging Substandard Per manhours of training received was 16. B. On 14arch 8, Detectives Goldspink and Grisham attended an 8-hour workshop an Analysia of Violent Crime, receiving 16 man hours of training. C. On March 14, Det. U. Branstetter, and Dets. Goldspink, Grisham and deBrauw.re attended an 8-hour workshop on PornograghY - the Pedox)hile, receiving 32 man hours of training.� D. On March 20, Det. Lt. Branstetter, and rets. Goldspink, Grisham and deBrauwere attended an 8-hour workshop on Forensic Pathology, receivng 32 man hours of training. j E. On March 29, Det. Lt. Branstetter, and Dets. Goldspink, Grisham and deBrauwere attended an 8-hour workshop on Serial Murders, receiving 32 man hours of training. VIII. Cain unity Relations A. On March 1, Chief Adams attended the Recognition Banquet given by Portland Ccmmmity College for those members of the criminal justice field, spending 2-1/2 hours there. B. On March 12, Capt. Jennings participated in the Mock Disaster plane crash at Cook Park, under the auspice of Tualatin Fire District and Washington. County Sheriff's Office, spending 1-1/2 hours there. C. On March 6, Capt. Jennings and Support Services Manager Carrick attended the 911 Central Dispatch meeting; and then on March 27, Support Services.Manager Carrick attended the second rreeting alone. A total of 4-1/2 man hours was spent. D. On March 28, Chief Adams, Lt. Wheeler, and Reserve Lt. Royse spent 4 hours at a Neighborhood Watch Committee meeting, receiving an overview of their program management. They should be commended for developing an excellent operating manual for management of their program. A total of 12 man hours was spent. Respectfully, R.B. Adaams Chief of Police a K-9 M0W1HLY REPORT 1.1arch, 1984 The K-9 Team operated at full strength during the ,0, The t,iarch, 1985 with all 3 1�-9's on line: Buck, Joey and Major. ,� the morth of March there were 18 calls for K-9 service; of the 1.8 earches conducted: 6 track calls; 4 area checks calls, there were 7 building s and 1 bomb search made. As a result of the searches and tracks, there were 2 successes whereby f evidence was discovered as a result of the search or tracks, axzd in 1 of the cases, there were 2 suspects located and arrested. The total time spent on the above listed calls was 5.4 hears. The tots f training time of all three K-9 handlers was 45.5 hours. There ire no oatsmde agency calls for our 1:-9 Ur .ts. d ti a i y_. Robert J. Wheeler T,at-rol Division camsander y' Y l ®4emti'r_xHPR+ra.+^^'�.rw-�M!TaLaae—_��,.._.,..:.. .._ •. MOTORCYCLE ORCYCLE TRAFFIC UNIT REPORT ' March, 1985 During the month of March, 1985 there were 28 traffic accidents; 5 injury, 23 non-injury. This is a. decrease over March 1984, which had 37 total accidents, 7 of which were injury and 30 non-injury. I t of the 28 accidents that were investigated this ninth, 13 were investigated by the Traffic Unit. niforcen"it index this r.�nth :is 43.00 comared to 41.85 for the sarre r)ericx3 last year. Traffic Unit issued 122 hazardous, 74 non-hazardous, for a total of 198 citations. x s i E f `f i Zit. Robert J. Wheeler Patrol Division Ccmnander } M ALARMS AND PERMIT RE-CAP Month of ARCH, 1985 THIS SAME MONTH ! % TOTAL TOTAL % MONTH LAST YEAR CHANGE THIS YEAR LAST YEAR CHANGE TOTAL ALARMS...... 56 42 + 33% 160 117 + 37% a. False. . ... . . 53 40 + 33% 152 112 + 36% b. Bonafide.. . . - 3 2 + 50% 8 ' 5 + 60% Permits Issued.. . . 8 _ 7 + 14% 23 19 1 + 21% Permits Renewed. . . 8 4 +100% 32 17 T+-8 8% Permit Fees. ..... . $305 $120 +254% _- $820__ $450 + 82% Permits Revoked. . . 0 2 -100, 3 6' - 50$ Revoked Fees. . ... . 0 $1220 -100% j $60 � $580 - 90% t Permits..... Mar 85 / Mar 84 + 13% � / MONTHLY SUMMARY STATEMENT:321 284 ?uZ L-icrease of 22% more false alarrro this month over last month was seen. This was due to riser error, mainly employees. There sans to be a consistent increase of 13% new systems coning on line. CITY OF TIGARD L OREGON _t COUNCIL AGENDA ITEM SUfiMARY l AGENDA OF: - APRIL 22, 1985 AGENDA ITEM M: ��• DATE SUBMITTED: April 18, 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: LINTEERISM REPORT PREPARED BY: Donna Corbet REQUESTED BY: Council DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE MONTHLY VOLUNTEERISM REPORT � 0. t {F} t nFORMATTON SUMARY Attached please find the Volunteerism Report complete through March, 1985. ` At the current rate of volunteerism through March, the end of Jane, 1935, should show a total in the range of 12,547 hours for 1984/85. ALTERNATIVES_CONSIDERED SUGGESTED ACTION _ Receive and File MEMORANDUM CITY OF TIGARD, OREGON April 22, 1985 TO: tiONORABI.£ MAYOR AND COUNCIL FROM: DONNA CORBET, EXECUTIVE SECRETARY SUBJECT: NON/STAFF RESOURCES/VOLUNTEER REPORT 1983/84 FEB&MAR 1984/115 percent Change Category d.13ARDS & 1998.5 76 (,QMMIrrEES 3511 .50 399 VOI.UNTEER 2895.75 74 STAFFING s1e3.50 580.5 FEDERAL 1908.00 182 2090 146 ASSISTANCE COMMU14ITY 320.00 Wa00 252 1126 469 SERVICE Muni 44 OTHER 808.00 1300 215 TOTAL: 11,731.00 1457.5 9410.25 107 x5,0001 i l4,oeo 12,000 11,000 . . jo,000 9,000 .x: r 8,000 0 7,000 6,OO 5,00 ' 4,00 I 79'/80 80/81 81/82 87/83 83/84 84/85 CITY OF TIGARD. OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: April 22, 1985 AGENDA ITEM #: DATE SUBMITTED: April 17, 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Community _ Decelopment Land Use Decisions — PREPARED BY: William A. Monahan REQUESTED BY: William A. Monahan ED DEPAR 1MENT HEAD OK: _ '_,_,1 `_ CITY ADMINISTRATOR: INFORMATION SUMMARY Attached is the Director's Decision for Site Development Review STIR 3---05 for Donald and 3ulig Pollock. { A!_TERNATIVES CONSIDERED 1. Receive and File. 2. Motion to remove from Consent Agenda. - Motion to call up for Council review at a later meeting. SUGGESTED ACTION Receive and file. 1OOOP/dmj CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW SDR 3-85 APPLICATION: Request by Donald and 3ul.ia Pollock to construct a 50,000 square foot office building and related facilities on property zoned C-P (Commercial Professional) and located on the north side of Hampton Street between 68th and 69th Ave. (Wash. Co. Tax Map 2S1 1AD, Tax Lots 1800, 1400, 2000, 2100, 2200, 2300, 2400, 2500) . DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above described application subject to certain conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background No previous land use applications have been reviewed by the City. 2. Vicinity Information All of the surrounding parcels are zoned C-P and at the present _ time only the properties on the south side of Hampton Street are developed with commercial offices. The parcels in the immediate area ore the north side of Hampton Street contain residences or they are vacant. Sixty-eighth Avenue has been recently improved except for a sidewalk and 69th Avenue is a gravel road. The Gonzaga Street right-of-way represents the northern boundary of the property. This street has not been opened and the City plans to vacate this right-of-way by the end of the summer. 3. Site Information and Proposal Description The property is undeveloped and covered with trees and brush. The applicant proposes to eongtruct a two-story, 50,000 square foot office building and 156 space parking area. Access will be provided by driveways onto 68th and 69th Avenue. 4. Agency and NPO Comments The Engineering Division has the following comments: a. Half-street improvements along 69th Avenue including the northerly extension of sewer, storm sewer, and water lines will be necessary. The applicant has requested a delay in the completion of the 69th Avenue improvements. With the appropriate bonding, this obligation may be delayed for one year. Tfle driveway to 69th Avenue may not. be opi.nnd until the street improvements are completed. NOTICE OF OECTSION - SOR 3 -05 PA(IF 1 OREM b. The Gonzaga Street right-of-way must be vacated before it may be used for private parking. C. The applicant will be responsible for installation and relocation of any public utilities that are necessary as a result of this project. d. The four parking spaces shown along 69th Avenue should be eliminated. The Building Inspection Office has no objection to the proposal. NPO #4 reviewed the application and has no objection to it. 0. ANALYSIS AND CONCLUSION The proposed development is ba-zically consistent with Code requirements for setbacks, height, lot coverage, 'landscaping, parking, access, and vision clearance. However, several aspects of the development warrant further discussion. 1. Parking The site plan indicates that 156 parking spaces will be provided on site with four parallel spaces on 69th Avenue. The City Engineer recommends that the spaces on the street be eliminated. The Gonzaga Straot right-of-,way, which is to be vacated, will accommodate 18 vehicles. Without the Gonzaga Street vacation, the proposal will not contain the minimum number of spaces required (143) by the Code. This vacation must be accomplished prior to occupancy of the building. 2. 69th Avenue The construction 69th Avenue may be delayed subject to the conditions of approval below, but the driveway on this street may not be opened until the street improvements are completed. 3. Landscaping The site plan indicates that all trees over 6 inches in diameter will be saved when possible, but the landscaping plan does not show the preservation of any trees. The Code requires that trees of this size be saved if possible. The landscaping plan should be revised to indicate the size and location of trees to be preserved. C. DECISION The planning Director approves SDR 3-85 subject to the following conditions: NOf10E of DEMS7ON -- SDR 3--8'.i - PAGE 2 1 I. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO ISSUANCE OF BUILDING PERMITS. 2. Standard half-street improvement including sidewalks, curbs, street lights, driveway aprons, storm drainage and utilities shall be provided alone} the S.W. 69th Avenue frontage. Said improvements along S.W. 69th Avenue shall be built to local street standards and conform to the alignment of the existing right--of--way centerline. The construction of the 69th Avenue improvements may be delayed for one year with proper bonding of the improvements. The driveway onto 69th Avonue shall be closed until the street improvements are completed. 3. Standard half-street improvement including sidewalks, driveway aprons, and utilities shall be provided along the S.W. 68th Avenue frontage. Said improvements along S.W. 68th Avenue shall be built f to collector street standards and conform to the alignment of the existing adjacent improvements. i 4. 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 approval. c 5. Sanitary sewer plan--profile details shall be provided as part of S the public improvement plans. 6. Construction of proposed public improvements small not commence ! until after the Engineering '_vection has issued approved public improvement plans. The Section will require posting of a 100% Performance Bond for all required public improvements, the payment f 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. SEE THE ENCLOSED HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHEDULES, BONDING AND AGREEMENTS. 7. Street Centerline Monumentation a. In accordance with ORS 92.060 subsection (2), the centerlines of all street and roadway right-of-ways shall be monumented 'before the City shall accept a street improvement. b. All centerline monuments shall be placed in a monument box conforming to City standards, and the top of all monument boxes shall be set at design finish grade of said street or roadway. C. The following centerline monuments shall be set: sR E NOTICE OF DEC7;ION - SDR 3- 85 - PAGE 3 f (1) All centerline-centerline intersections. Intersections created with "collector" or other existing streets, shall be set when the centerline alignment of said "collector" or other street has been established by or for the City; (2) Center of all cul-de-sacs; (3) Curve points. Point of intersection (P.I.) when their position falls inside the limits of the pavement otherwise beginning and ending points (B.C. and E.C.). (4) All sanitary and storm locations shall be placed in positions that do not interfere with centerline monumentation. 8. The Gonzaga Street right-of-way shall be vacated and developed as shown on the site plan prior to occupancy. 9. A revised landscaping plan shall be submitted for Planning Director approval which indicates the,. 'location and size of the existing trees that are to remain. 10. The landscaping materials shown on the approved landscaping plan shall be installed prior to occupancy. 11. The bicycle rack design shall be approved by the Planning Director. 12. This approval is valid if exercised within one year of the final decision date noted below. D. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Nall and mailed to: X_ The applicant & owners _XX Owners of record within the required distance �X_ The affected Neighborhood Planning Organization XX Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON 4-26-85 UNLESS AN APPEAL. IS FILED. 3. AEpeaI 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 must be filed with the CITY RECORDER within 10 days after notice is given and sent. NOTICE OF DECISION - SDR 3-85 - PAGE 4 The deadline for filing of an appeal is 3:30 P.M. 4-26-55 E f � 4. Questions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 12755 SW Ash, PO Box 23397, Tigard, Oregon 97223, 639-4171. i William A. Monahan, Director of Planning & Development DATE APPROVED (KSL:pm11221.P) r Li � PHIL , L•_ 4= .. !EK r L ! j NOJJCF 017 DECISION - SDR 3--85 - PAGE 5 P CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY Eh AGENDA OF: April 22, 1985 AGENDA ITEM DATE SUBMITTED-. April 16, 1985 __ PREVIOUS ACTION: Council Ordered ISSUE/AGENDA TITLE: KPFF Agreement Feasibility Study's Engineer's Report for Engineering Services for _ PREPARED BY: Frank A. Currie Hall Blvd. L.I.D. REQUESTED BY: Frank A. Currie DEPARTMENT HEAD OK, /� ` CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Council authorized staff to negotiate an agreement for Engineering Services for the Hall Blvd. Local Improvement District through the consultant KPFF. This proposed project is in the initiation stage. We have provided the Engineer with enough information on the scope to provide us with a cost for the agreement. The costs are broken down into 3 categories: 1. Preliminary Design Report For possible traffic signal at Hall and Burnham $2,090.00 Z. Site distance study and subsequent alternate alignment proposed for the blind corner $1,430.00 3. Preliminary Engineer's Report and Feasibility Study including meeting_ with staff, property owners and public hearings $5,250.00 TOTAL U,770.00- Following approval of this agreement, the consultant and staff will meet informally with all property owners and solicit input for a preliminary engineer's report and subsequent public hearing. ALTERNATIVES CONSIDERED None considered. _ SUGGESTED ACTION Staff recommends Council approve entinering into an agreement for engineering services with the firm of KPFF as outlined in the attached "Contract for Personal Services." (FAC:br/1237P) `s t k�Tf consulting engineers ".arch 22, 1985 Mr. Frank Currie, Y.E. Public Vbrks Director CITY OF TICARD P.O. Box 23397 Tigard, OR 97223 ItE: S.W. Burnham St. - S.W. Hall Blvd. Street LID Dear Frank: tk are pleased to submit our updated proposal and a,)ntract to prepare an engineering study for the proposed Burnham - Hall Local Improvement District. The study area is located in the southeast 1/4 of the northeast: 1/4 and northeast 1/4 of the southeast 1/4 of Section 2, TIS, RIW W.M. The LID study area w 3uld begin on Burnham St. at the northeast corner of Tj L 2200 Map w;>>-1-2AD, which is approximately 2501 west of Hall Blvd., and run along the southerly side of Burnham and westerly side of Hall Blvd, to 01t4ara St. A recoormendation for a traffic signal at Hall Blvd. and Burnham St. would be includes in the study. A copy of the schedule of services for the signal is enclosed with this proposal. The traffic vaunts would be provided by the City. We had expected to make separate calculations for runoff from approximately 200 acres southwest of :he intersection of hall and O'Mara. During our meeting today, we determined these calculations would not be required. Our revised total fee for the engineering study would be $7,340. The maxi,-num fee for the traffic signal portion of the total cost would be $2,090. this amount is included in the total fee of $7,340. The engineering report would include current ownership and land value, proposed improvernents and costs, proposed boundary and assessments and recommendations. The presentation would be in the form of a letter report with appropriate maps and drawings. We would complete the report within 60 days after acceptance of our proposal by the City. We would bill for our services monthly based on the amount of work coffipleted to date. If you have any questions, please call m--. Very truly yours, Stuart L. Cato, P.E. Project Manager, Civil Engineering 421 sw.6th avenue, suite 911,portland,or 97204 (503) 227-3251 los angeles portland seattle R, AM kpff consulting engineers April 11, 1985 Mr. Frank Currie Public Works ,Director City of Tigard P.U. Box 23397 Tigard, OR 97223 RE: S.W. Burnham St. S.W. Hall Blvd. Street LID Dear Frank: As a result of the meeting :with the City of Tigard and the smexpanded`the en7ineeeing services outlined in the state of nrego,' has been our letter of ,march 22 The additional work involves !f to Burnham St. a sight .ift. ,n stud Dorsa the feasibility of sha;ting the R f from the civic tenter the LID.ius property and aging property can the east side of Haunt of the Blvd. to The additional engineering fees for this kork would be 1• as follows: Sight Distance Study (incl-.)iing speed check) $ 2- Add additional area to LTD 350 880 If the Total Additional r $1,430 to the above meets with your approval, please contract we sent you, Tt;e s add ,.he additional the sight distance and Signa epeed study can easily dna services Public works department to do the study. Zf you want the : � Fart of fee propos move. 'd measiau wan city,s police or • deduct $135 from the If you have any questions, please call me, t r Very truly yours, Stuart L. Cato, p,E. Project F°anager, Civil Engineering SLC/ceh 421 s.w, 6th avenue,suite 911, porticnd,or 9�2g4 (6p3 los angeles )227-3261 Portland seat;le SCHEDULE OF SERVICES RE: SW Hall Blvd at SW Burnham Street (Preliminary Design ) DATE: February 11 , 1985 SERVICE OBJECTIVES: To provide a Preliminary Design Report for a proposed signal at SW Hall Blvd at SW Burnham Street (Tigard, Oregon ) . TASK 1 : Direct others to do traffic counts. TASK 2 : Analysis for minimurr, warrants for traffic signal warrants. TASK 3 : Determine signal layout and construction cost estimate . CITY OF TIGARD, OREGON CONTRACT FOR PERSONAL SERVICES CONTRACT TITLE: Hall Blvd. LID Preliminary Engineers Report, Feasibility_Study and Traffic Signal Study CONTRACT NO. This Contract, made and entered into this day of t 7.9 by and between the City of 'Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and (full name and address of person or firm) kpLf__consulti.n_q engineers 421 S.W. Sixth Ave. , Suite 911 , Portland, Oregon 9720a hereinafter called "Contractor", duly authorized to perform such services in Oregon. W I T N1 E S S E T H: WHEREAS, the City requires services which Contractor is capable of providing, under terms and conditions hereinafter described; and WHEREAS, Contractor is able and prepared to provide such services as City does hereinafter require, under those terms and conditions set forth; now, therefore, IN CONSIDERATION of those mutual promises and the terms and conditions set forth hereafter, the parties agree as follows: 1. Term. The term of this Agreement shall be from the 25thd&y of March 19 85 1 to and including the 24th 06,y of May i9 unless sooner terminated under the provisions hereof. 2. Services. Contractor' s services under this Agreement shall consist of the following: (describe in detail; insert additional. sheet if necessary and identify such sheet as a portion of this paragraph) . A. 20% - Gather preliminary data, maps , ownerships, etc. B. 20109 - Layout general scope and parameters of the proposed LID C. 150 - Traffic signal study (subcontractor) . Traffic count to be done by City. D. 15% - Coordination with staff, hold preliminary property owner meetings. E. 10% - Prepare detailed cost estimates F. 20% - Prepare assessments engineers report and attend public meetings 3 . Contractor' Identification. Contractor shall furnish to Ci.t_y its employer identification number, as vice, or Contractor's Social Security number, designated by the Internal Revenue Ser as City deems applicable. 4. Compensation. ay Contractor $__7s34.Oe�� for performance of A. City agrees to p those services provided hereunder, which payment s}+all be based upon the following applicable terms: 1, The amount of $ (see -# 3 below)upon execution of this Agreement, balance payable in N/A _ installments upon receipt of trilling From Contractor. of Contractor's bill, based upon an hourly rate 2. Upon receipt of: (describe the class of Contractors emplyyec:s ander hourly billing rate; insert additional sheet if necessary avid identify such sheet as a p paragraph) . A. ProjeCt Manager $60.94 B, Civil Engineer $43.13 C. Civil Engineer $16.60 Tech, iII p Draftsperson I $31 .88 E Clerical $22.50 at CJst F. Expenses 3 . A schedule of payments, as follows: (Schedule set forth) actual hours and expenses. Billing will Billing will be monthly based on he 10th and due by the lst of the following close on the 1st, mailed by t month. A. At least five days prior to the due hate of each payment, - - Contractor shall prepare and submit to the Finance Director, PO Box 73397, Tigard, of services rendered, indicating hours and dates—of Oregon, 97223, a statement services togetF+rr with a request for payment duly authorized by _ t Frank A. Currie, Public Works Director - 5. Payment by the City shall release the City from any further incurred as obligation for payment to Contractor for service performed or expenses of the date of the statement of services. i E: t B. City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 5. Contractor Is Independent Contractor. A. Contractor's services shall be provided under the general supervision of City's project director or his or her designee, but Contractor shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under paragraph 4 of this Agreement. S. In the event Contractor is to perform the services described in this Agreement, without the assistance of others, Contractor hereby agrees to file a the effect that Contractor's services are those of joint declaration with City to an independent contractor, as provided under Chapter 864 OregonLaws 1979. C. Contractor acknowledges that for all purposes related to this s and shall. be deemed to be an independent contractor and agreement, Contractor i shall not be entitled to benefits of any kind to which an not an employee of C,' employee of the City is entitled and shall be found by solely responsible for all payments and taxes required by law; ani' 1 , '_hermore in the event that Contractor is a court of law or an administrwci.ve agency to be an employee of the City for any } purpose, City shall be entitled t° aPfsNt compensatlor+ due to demand repayment of any amounts paid to Contractor under the terms of this agreement, to the full extent of any benefits or other remuneration Contractor receives (from City third party) as a result of said finding and to the full extent oasaayresult of that City is required to make (to Contractor- said finding. D. The undersigned Contractor- hereby represents that no employee of the City of Tigard, or any partnership or corporation in which a City employee has an interest, will or has received any remuneration of any description from the in connection Contractor, either directly or indirectly, exceptspecifically declared i lwrit�ng letting or performance of this contract, 6. Subcontracts — Assignment S Delegation z A. Contractor' shall not subcontract or permit any portion of the work to be further Subcontracted except as provided in the proposal without the prior written approval of City, and Contractor shall be fully responsible e a+ �� ne� `�er omissions of any subcontractors and of all persons employed by the approval by City of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and City. B. This agreement, and all of the covenants and conditions hereof, shall and be binding upon the City and the Contractor inure to the benefit of respectively and th it legal representatives. Contractor shall not art2 hereof rights nor delegate any duties incurred by this contract, ur any p without the written consent of City, and any assignment or delegation in violation hereof shall be void. 7. Contractor — payment of Benefits — Hours of Work A. The Contractor shall: (1) make payment promptly, as due, to all persons supplying to such Contractor labor or material for the prosecution of the work provided for in this contract; (2) pay all contributions or amount due the Industrial Accident Fund from such Contractor or subcontractor incurred in the performance of this contract; (3) not permit any lien or claim to be filed or prosecuted against the City of Tigard, on account of any labor or material furnished; (4) pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316,167. B. The Contractor agrees that if the Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with this contract as such claim becomes due, the proper office of the City of Tigard may pay such claim to the person furnishing the labor or services and change the amount of the payment against funds due or to become due the Contractor by reason of such contract. Payment of a claim in this manner shall not relieve the Contractor or the Contractor's surety from obligation with respect to any unpaid claims. C. Contractor agrees that no person shall be employed for more than eight (8) hours in any one day, or forty (40) hours in any one week, except in cases of necessity, emergency or where the City of Tigard absolutely requires it, and in such cases the laborer shall be paid at least time and a half pay for all overtime in excess of eight (8) hours a day and for work performed on Saturday and on any legal holiday as specified in ORS 279.334. D. No City employee shall be required to work overtime or on a Saturday, Sunday or holiday in the fulfillment of this contract except where the Contractor agrees to reimburse the City in the amount of money paid the employee for such work as determined by state law, the City's personnel rules or• union agreement. The Contractor shall require every subcontractor to comply with this requirement. ( 8. Contractor's Em loy ees Medical Payments Contractor agrees to pay promptly as due, to any person, copartnership, association or corporation furnishing medical, surgical, and hospital care or other needed care and attention incident to sickness or injury to the Contractor's employees, all sums which the Contractor agreed to pay for such services and all moneys and sums which the Contractor collected or deducted from employees wages pursuant to any law, contract or agreement for providing or paying for such service. 9. Early Termination A. This Agreement may be terminated without cause prior to the expiration of the agreed upon term as provided by ORS 279.326 as follows: I. By mutual written consent of the parties; 2. By either party upon 30 days' written notice to the other, delivered by certified mail or in person; or "s. By City, effective upon delivery of written notice to Contractor by certified mail or in person, under any of the following conditions: (insert as appropriate) , B. Payment of Contractor shall be as provided by ORS 279.330 and shall be prorated to and include the day of termination and shall be in full satisfaction of .• all claims by Contractor against City under this Agreement. C. Termination under any provision of this paragraph shall not affect any right, obligation or liability of Contractor or City which accrued prior to such termination. 10. Cancellation for Cause City may cancel all or any part of this Contract if Contractor breaches any of the terms hereof or in the event of any of the following: Insolvency of Contractor; voluntary or involuntary petition in bankruptcy by or against Contractor; appointment of a receiver or trustee fur Contractor, or an assignment for benefit of creditors of Contractor. Damages for breach shall be those allowed by Oregon law, reasonable and necessary attorney' s fees, and other costs of litigation. 11 . Access to Records City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the Purpose of making audit, examination, excerpts and transcripts. 12. Work is Property of Cid All work performed by Contractor under this Agreement :.hall be the property of City. 13. Adherence to taw A. Contractor shall adhere to all applicable laws governing its ! relationship with its employees, including but not limited to laws, rules, ." regulations and policies concerning workers' compensation, and minimum and prevailing wage requirements. G. To the extent applicable, the Contractor represents that it will comply with Executive Order 11246 as amended, Executive Order 11141, Section 503 of the vocational Rehabilitation At of 1973 as amended and the Age Discrimination At of 1975, and all rules and regulations issued pursuant to the Acts. C. As provided by ORS 279.315, all applicable provisions of federal, state or local statutes, ordinances and regulations dealing with the prevention of environmental pollution and the preservation of natural resources that affect the work under this contract are by reference incorporated herein to the same force and affect as if set forth herein in full. If the Contractor must undertake additional work due to the enactment of new or the amendment of existing statutes, ordinances or regulations occurring after the submission of the successful bid, the City shall issue a Change Order setting forth the additional work that must be undertaken. The Change Order shall not invalidate the Contract and there shall be, in addition to a reasonable extension, if necessary, of the contract time, a reasonable adjustment in the contract price, if necessary, to compensate the Contractor for all costs and expenses incurred, including overhead and profits, as a result of the additional work. 14. Changes City may at any time, and without notice, issue a written Change Order requiring additional work within the general scope of this Contract, or any amendment thereto, or directing the omission of or variation in work. If such Change Order results in a material change in the amount or character of the work, an equitable adjustment in the Contract price and other provisions of this Contract as may be affected may be made. Any claim by Contractor for an adjustment under this section shall be asserted in writing within thirty (30) days from the date of receipt by Contractor of the notification of change or the claim will not be allowed. Whether made pursuant to this section or by mutual -agreement, no change shall be binding upon City until a Change Order is executed by Lhe Authorized Representative of City, which expressly states that it constitutes a Change Order to this Contract. The issuance of information, advice, approvals, or instructions by City's Representative or other City personnel shall not constitute an authorized change pursuant to this section. Nothing contained in Lhis sections shall excuse the contractor from proceeding with the prosecution of the work in accordance with the Contract, as changed. 15. Force Majeure Neither City nor Contractor shall be considered in default because of any delays in completion of responsibilities hereunder due to causes beyond the control and without the fault or negligence on the part of the party so disenabled, including, but not restricted to, an act of God or of a public enemy, volcano, earthquake, fire, flood, epidemic, quarantine, restriction, area—wide strike, freight embargo, unusually severe weather or delay of subcontractor or suppliers due to such cause; provided that party so di.senabled shall within ten (10) days from the beginning of such delay notify the other party in writing of the causes of delay and its probable extent. Such notification shall. not be the basis for a claim for additional compensation. 16. Nonwaiver The failure of the City to insist upon or enforce strict performance by Contractor of any of the terms of this contract or to exercise any rights hereunder shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon such terms or rights on any future occasion. 17. Warranties Contractor warrants that all practices and procedures, workmanship and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor, payment therefor shall relieve Contractor from liability under warranties contained in or implied by this contract. 18. Attorney's Fees In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the Court may adjudge reasonable attorney's fees and court costs including attorney's fees and court costs on appeal to appellate courts. 19. Applicable Law This contract will be governed by the laws of the State of Oregon. 20. Conflict 8_ etweer Terms It is further expressly agreod by and between the parties hereto that between the terms of this instrument and the proposal should there be any conflict beand scontrol nothing of the contractor, this innstrumenof he aidtermsof sa d proposalconfli ting herewith considered as an acceptance 21. 'indemnification Contactor agrees to indemnify and to hold—harmless the City, its Officers, d from any and ail loss, claims, actions, suits, Employees and Agents against anfees, for or on account of injury bodily or including costs and attorneys' belonging to, or death of persons, damage to or destruction of Property g otherwise, from, arising out of, or in any way resulting to City, Contractor or others, only such injury or connected with Contractor' s activities the fault hereunder, e of the City• its Optingfficers, harm as may be caused solely by Employees and/or Agents. i 22. Insurance shall. Prior to starting work hereunder, Contractor, at Contractor's cost, with an insurance �. during the term of this Contract, i secure and continue to carry g company acceptable to City, the following insurance; pJ�A ^), for injury to one A public Liability and Property Damage insurance with limits of not less than $100,000, or (insert other amount required $ -- for injury to person, c or (insert other amount $300,000, or (insert other amount required $ N-CA two or more poArsons in one occurrence, and $'0'000•Such insurance shall cover (N� ), for damage to property. ( required $ ._-- ------ ' tier. Such all risks arising der�helyoor perationseCofy itst subcontractors, sof activities any tier. or work hereunder, including Cit its Officers, insurance shall include provisions or endorsements naming rovi ions th,*t such Employees and Representatives as additional insureds' , P and that insurance is primary insurance with resPeig Excess and to the not scontributoryof the y insurance st any other insurance maintained by City with the insurance required hereunder; c policies shall ross—liabnot tbeocancelled lorti,tsf limitsof clause; and provisions that s 30 days prior notice to City . A; copy of each liability reduce without thirty ( b an authorized representative of the insurance policy, certified or aatrue r theeodiscretion of City, in lieu thereof, a issuing insurance company, to City certifying to the issuance of such certificate in form satisfactory insurance shall be furnished to City . nt Insurance und or g, Workman's compensation Private the State insurance Accishade provide vthe Fschedule rof a responsible private cam employee benefits required by law. C. Professional Liability Insurance. Contractor shall have in force a policy of professional liability insurance in an amount of retractorriot s shall than $500,000, ,000, PJ A__ or (insert other amount required '�_......._.�_ policy in force and current during the term of this Contract. DECLARATION OF INDEPENDENT CONTRACTOR STATUS DATA: NAME OF PERSON LETTING CONTRACT Address INSURER (if applicable) Address kpff consulting engineers NAME OF INDEPENDENT CONTRACTOR 421 S.W. Sixth Ave. , Suite 911, Portland, OR 97204 Address corporation IF PARTNERSHIP, LIST ALL PARTNERS Address Time or Project(s) covered by the Declaration: The undersine hereby declare that all services performed under the contract dated March 29, 1985 -hall be rendered by the independent contractor in his or her status as an indo pendent contractor. The independent contractor shall give the person letting the contract sever (7) days advance written notice before obtaining the assistanc_. any other person in performance of the contract. Upon receipt of this notice, :.he person letting the contract may require the independent contractor to qualify as a direct responsibility employer under ORS 656.40; or as a contributing employer under ORS 656.411. Failure to give the notice required by this declaration or to obtain workers' compensation coverage as required by the person letting the contract shall constitute grounds for termination of the contract by the person letting the contract. In consideration of the letting of this contact, the independent contractor agrees to indemnify the person letting the contract and the insurer listed above, if any, for any damages, expenses, costs and disbursements and attorneys' fees incurred by said person or by said insurer as a result of the independent contractor's failure to adhere to the terms of this declaration. The parties to this declaration understand that a person who files a declaration of status as an independent contractor is not eligible to receive workers' compensation benefits (Under ORS Chapter 656) in the event of injury or disease, unless said person has obtained coverage for such benefits pursuant to ORS 656.128. Dated this 22nd day of March. 1985 k ff consulting engineers , Arthur W. Johnson, Vice President Independent Contractor Person Letting Contract (1673A) PER- 23 . Complete Agreement This contract and any referenced attachments constitute the complete E agreement between the City and Contractor and supercedes all prior written or oral discussions or agreements. IN Li41ATNESS WHEREOF, the City has caused this agreement to be executed by its duly authorized undersigned officers, acting pursuant to resolution of the C ty Council, duly, passed at the regular meeting held on the day of i 19 g-;5" , and the contractor has executed this agreement on the date hereinabove first written. CITY OF TIGAR/D B y W --axe--- By CONTRACTOR By kpff consulting engineers iz")) �� /' ,�-' �, , Arthur W. Johnson, Vice President (AB-pm/1673A) ` COMPANIES AFFORDING COVERAGES CORROON & BLACK, INC. �- 2901 Second Avenue R INA UNDERWRITERS Seattle, WA 98124 _ , . - - - , KPFF, INC. 850 First Interstate Center - - 999 Third Avenue M Seattle, WA 98104 (r f r: —Th+S+s to ct r..ty Mar not_:Ers of i v�«t.r..E i"f• ' `ra '•d d o t.at-'-..ar ' , -,r•n r n 1 -.t•,- r.;r< "' « r tt'•5 a:.3 r, a .�;S' ). -T.a� i^ 01 any(OntrACi or 7[ f. n1r e -, Terms,P.CIu S�.•ns ano c ,+7!•r,�t ._ ____ _ -_.--. -..-. _ __ ...... .._. . Umits of Liability in Tho.,sdnds-(fit 21151 _ — GENERAL LIABIi IT'r i -- f i ALIT OM-0B,LE LIABILITY I - IL � E + EXCESS LIABILITY i (WORKERS'COMPENSATION( " € i I end i 1 EMPLOYERS•LIABILITY OTHER _ 11 ' 000 , each claim t A iProfessional KAE 33 25 09 112-15-84 1$2 ,0o0,000 Aggre��te Liabilit 1 I fi 0,000 Deauc zble min t)f cCRu�t iOd f19 i,raps=•.l'v�.lC�+-nn�•f.•V:+•�•.;E�. JOB: One-half street improvement on SW Hall Blvd. )- Cancellation: Snnu!.: my of tl)• ohOvt (1c^SCrih f [+O! f its t)e can f•`Pd htfClrn i -- fhOn tt:ftf' thc'rtOf. tht SSUinp' COfT} poi}•.• .•..1, enut;lvnr to m,3ll �0 days written na ce to the hf ';+•. non)<'.f cert hcate hoWe+. but foilurt to mall Sur?1 notice mall rrnpost no obligotion or t .3hility of any ktnd uC::,,o the cr,mp,vty. i1r. fq 11-21-84 -- - - ---- 1 Wolf i5,+'t[� .--------- Frank Currie j City of Tigard I Will i P. O. Box 23397 - - - -- - 4:,rta,RrlEI-+ ,7rPQL%f N,nT,Vf -- Tigard, OR 97223 +COM 2 5(1 ,.)r 11I�►�1 3S EAST WACKER DRIVE SUITE 1434 CHICAGO, ILLINOIS 60601 CERTIFICATE OF INSURANCE DATE: 4-1-85 TO: Billie Rawlings City of Tigard P.O. Box 23397 Tigard, OR 97223 This is to certify that the insurance as described below is i- ' e with coverage applying on a"Claims Made" basis. NAMED INSURED: KPFF, Inc. MAILING ADDRESS: 850 First Interstate Center Seattle, WA 98104 ` SERVICES PROVIDED BY THE INSURED. Structural , Civil , Electrical and Mechanical Engineering; Architecture AMOUNT OF COVERAGE: $ 11000,000 each claim not to be exceeded in the policy period aggregate. POLICY PERIOD: Effective 12-31-84 Expiration 12-3Y-85 INSURER: Pine Top Insurance Company POLICY NUMBER: PLU801477 This certificate is furnished as a matter of information only and confers no rights upon the certificate holder. The issuance of this certificate does not modify the Policy in any manner whatsoever. Any amendment of such Policy can only be effected by endorsement thereto. 119A 12184 PLU i IN 4 i e e NAM .11,1 AIII HF;•. +,+ ,t;i N+v COMPANIES AFFORDING COVERAGES CORROON � BLACK, INC. ----_ - - 2901 Second Avenue COMPANY A INA UNDERWRITERS Seattle, WA 98124 -- 1 KPFF , INC. AI AN. 850 First Interstate - 999 Third Avenue :1MPANv Seattle , WA 98104 TMs,s to certify that policies of Insurance asted below have been Isslled to the,nsured named above and are,n force at this h+ne Notwltnstandrng any rrGuurment,tents or Lon;tihnn of any contract or other document with respect to wh.ch,his cervicate may be issued or may pertain.the,nswance atlorded by the polines descnhed herein Is Subiect to all the terms,exclusions and conditions of such policies. Lirnits of Liabi!i I in Thousansbt�) GENERAL LIABILITY I�. j l_J Nu1 H,lirr IN!, IIAr.P; I PHODUl-Tt.COMPLEFil1 ANIS OPERATIONS HAZARD ((�� VH•iPI Htv(IAM Ar S f {r_J CONTRACTOAL INSURANCE r� HI{OAD I I)1+A, PROPF PI'r INIi1PFNIIFN7 CONT RA TON" [ - ---- �Pt--NAI '.!,11•Itv I r, . t�., tt — AUTOMOBILE LIABfLITY — —� 1+:1:,I Niurt s. j If I- 1114411ONl COMPF7f r1E N�IME FORM ItACII Hi1Uli y N1ilky AC,'IOENTI Ej (1KNF,I I'iN•i f 171 Y b,AMA•,il 4 E`E�-J�� 111 R(Fi :(`i�v IN I(i17v ANO S !_J ON OKNI F: 171Y I%AMAi F I I 1}L,N f -- -- -j—EXCESS LIABILITY I.W iJ i1MHFtF tLA i(1NM i I nOTHER THANu1Iti HILtA 'IMit,r:l FORM —, WORKERS'COMPENSATION �-- ----- - �-- ------- I --Ai+i!;Vit and t EMPLOYERS'LIABILITY — OTHER i$? , 000 ,000 each claim A Professional KAE 33 25 09 12-15-84 $2 ,000 ,000 Ag, re 4te Liabilit 50 ,000 De uc lble ni5CRIPTION OF OPERATIONS tOCATIONSNEHICIES JOB: One-half street improvement on SW Hall Blvd. Cancellation: shown any of the above described policies be cancelled hofore the expiratlon date thereof. the Issuing conn pony %sill endeavor to mc,bl 2- days written notice to the below naint2d certificate holdof. but fallure to mall such notice shall impose no obligation or liability of any kind upon the company. NAMC ANTI Al I rHi`.'i(if CI RT$11(At("Of Of 14 ll-'21-84 Frank Currie 1 111�� / ,/�• City of Tigard P.O. Box 23397 Tigard, OR 97223 A •• ,,;:s;:'. ,i,. ;;Jfiwt •.fes--'. CITY OF TIGARD, OREGON __ 4 t'OUNCIL AGENDA ITEM SUMMARY AGENDA OF: Ada."it 22 1995 AGENDA ITEM DATE SUBMITTED: April 16, 1985 PREVIOUS ACTION: Tentative AcceP�ance ISSUE/AGENDA TITLE: Final Accept. Public jm 'tan. prvmt 6 Placing onto Main _ , of Public Improve. constructed PREPARED BY: Rand S. Clarnom__ withinSummerlake Subdivision REQUESTED BY: En212eerin S Develo er 1- DEPARTMENT HEAD 07(: ✓'� ' s{'Y l _ CITY ADMINISTRATOR' _ — POLICY ISSUE t; S �r X INFOI?IATZON SUMMARY Summerlake is a 135 lot subdivision located souttj of Scholls Ferry Road and ;. �r west of the Meadow Creek Apartments (currently under construction) . All11 public improvements are complete and the developer is requesting of the City K,. to assume full maintenance responsibilities through final acceptance. e ALTERNATIVES CONSIDERED � SUGGE£'iED ACTION Engineering recommends that Council accept the public improvements constructed within "Summerlake" and authorize release of the developers Maintenance Bond. (RSC:bs/1229P) CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 4-22--85 AGENDA ITEM #: DATE SUBMITTED: 4-16-85 PREVIOUS ACTION: —None ISSUE/AGENDA TITLE: Subdiv. ComPl. Agree. & Pr. Formance Bond-ANTON PARK PREPARED BY: John Haqman TT (Phase I) Subdiv-.Author. City Acce t REQUESTED BY: Development Serv. Dept. __ DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY 1. Anton Park subdivision is located on the west side of SW 121st Avenue opposite SW North Dakota Street. 2. The preliminary plait for said subdivision has been approved. The subdivision will be constructed in two phases (generally, as a south half and north half). 3. The construction plans for Phase I (the "south half") are now approvable; all required fees have been paid. 4. The attached Agreement and Bond are acceptable to staff. ALTERNATIVES CONSIDERED SUGGESTED ACTION Authorize the Mayor and City Recorder to execute the Anton Park (Phase I) Subdivision Compliance Agreement in behalf of the City and accept the Performance Bond therefore. (JSH:bs/1228P) SUBDIVISION COMPLIANCE AGREEMENT %�. THIS AGREEMENT dated the _1 ✓ day of A� , 19 85 between the CITY OF TIGARD, a municipality of Oregon, hereinafter termed the "CITY", and Custom Home by Dave, Inc., an Oregon Coruurar_ion, 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 Washington County, a subdivision plat known as Anton Park (Phase T) in Section 34. Township I South, Range 1 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. 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 t 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 ;f 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 € t tentative and final acceptance consideration. i (2) To assure compliance with the City's requirements and the provisions 1 hereof, Petitioner tenders herewith to the City a surety bond in form approved by the City, with liability in the amount of $372,3.06.00 a copy whereof E 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 withinAwl € 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 thereafter, the City may at its option proceed to have the work competed and - 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 sum as the court shall, adjudge reasonable as and for the City's attorney's fees and costs, bath 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 1191, 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 (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 (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, forra approved by the City, in the sum of 74,461.00 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 Ordina -e and the provisions hereof, Petitioner binds itself to conform to the fo; owing requirements, scheduling and limitations: *Project Fee 1 �Qg Sewer Fee 2.723. 14 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 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 e 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 subdivision. Provided that 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 "8" 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 adopte at j meeting thereof duly and regularly held on the ��9- day of 19 ,U j has caused this agreement to be executed by its Nayor and Recorder. CU M H BY DAVE, I y: y cL - THE CITY OF TIGA/R�D, 0017rin Mayor B v: Recorder Sf4'f'E OF OREGOIti � ss. CORPORATE Cunty of � g� hk f::t c nye appeared �iJr i7 On this f`, Iiay of jF': J s-- _ 1` . -. ,�__ (rLZt:( i l;nc�wn, lA'fl0 1,,-i11'�'. (1'l i V and sa: that he the sa; d sworn , did -AU -, f'�. -.� -- ---- Pr - itic�nt , xnd$he , i l :�:iid �!_t✓�jt`, . L.! is the i n - r :te named Corm-Ovation , and that th-� ;c,a l .1 ed tId i i,strur, -nt is ti-. � seal of said Corporation , and that. the `�,t.id in:- tr -rmcnt. �u;r� Sigric anri ta7c�d behalf of said Corhorati��n by auth<:rit.y :�f its and ()fMrect:ors , and ;�c kn<.�ticcigc•d said in:-t.rur:ont to be the act and d(-i�d -f said Corporation . T ;,;u I.� TES':'I.:„:OtiS' EitE0F, ; Y��-ve hc.reun' .; =.c•� � ha n a!id a f f i xc-d my cif f i : i a l seal the riaV l-d � ear l,:st, af�c�v • ��•r:it.tcn . i�otar5 i I � c for Urt2gon My Com::ii scion I:xp ire- --- �---�--- - -. 4 - LTVIER OF COMMITMENT (Performance Bond) We have received from Washington Federal Savings Bank (lending institution) a loan commitment in the amount of $ 495,000.00 to finance the improvements of a subdivision located in the City of Tigard, said subdivision being commonly known as Anton Park (Phase_ I) This loan commitment is specifically for construction purposes for: (or) $, 372,306.00 _ of the aforesaid total commitment has been allocated for construction purposes for: 1) public streets, including driveways, aprons. sidewalks, lighting and curbs 2) sanitary and storm sewers) 3) domestic water 4) underground telephone and power 4) gas 5) landscaping. All such improvements are to be completed in conformity with City approved construction plans and the subdivision compliance agreement thereinregard. We have agreed that disbursements of the $ 372,306.00_ will be made in accord with the following schedule upon completion of each, or all, items(2); but not including the hold back described below: ITEM AMOUNT Clearing & Grubbing/Excavation $ 19,695.28 Concrete Curb 17,574.02 Street/Pathways (base rock, leveling rock, base A.C.) 85,841.20 Sanitary Sewer & appurtenances 68,078.55 Storm Sewer & appurtenances 29653.16 Water Line & appurtenances 63093.85 Gas Line & appurtenances N/A Underground Telephone & Electrical _ 9,280.80 Concrete Sidelwalk & Driveway Aprons 28,768.75 Asphalt (street overlay) 34,400.00 Street Lighting 75 400 00 Miscellaneous (signing) 520.00 We have entered in a "Subdivision Compliance Agreement" whereby we have agreed to install all improvements in accordance with the requirements of the City of Tigard and we are hereby authorizing you to hold the above—stated funds to pay them to us only when the following has been adhered to: That the City of Tigard has provided certification acknowledging completion of any or all work pursuant to the above itemized schedule of improvements. Pursuant to the above schedule, 20% of the commitment funds (i.e. , $74,461.20 will be held back through the normal one year guarantee period or until final City Acceptance of the project takes place or until the City is provided with a separate maintenance bond, effective for said one year period from the date of Council tentative acceptance of the work, to assure continued freedom from defects, and maintenance, during the guarantee period. Page 2 t' Letter of Commitment Concurrent with the final release of these funds, establishment proceedings will be instituted. It is understood and approved by all parties of concern to this letter of commitment that the City of Tigard shall have first claim and priority to the sum of $ 372,306.00 , less disbursements approved by the City of Tigard, in the event of any defects)/or failure(s) to correct such in the construction of the required improvements. It is further understood and agreed that the aforesaid priority of claim is paramount to all parties including the lending institution making the loan and that the lending institution has convenanted and agreed that the sum of $ 372,306.00 less disbursements approved by the City of Tigard shall be held available to satisfy any aforementioned claim by the City notwithstanding default on loan by borrow party or termination of loan by lending institution. DATE: April 15, 1985 ly yours, Approved and Accepted: Washington Federal Savings Bank (1„eriding1 T.nstitutio B\Y:��)��v C - %-- (Attach: notary information (Ti-le) Assist t Mice-President and signature(s) authority) STATE OF OR i-J ION cOPPOIZATE County of On this iS-- day d and both to known , -Doc 14c�I- ,a% that he, IDAi-11 duly !--iworn , did �3 14(,,4_7_ j-, the S(?cr(.', President , and ihe -- -- 14/r7 t 11 k the -7 name C(, a IL Po r-a t(2 se, 1 n 1)(.1 of 0 1 1 C C)C;,..>t t 1011 by jL��; 11oard of of nd acknowle(IC-Id bo the irec, act and deed of' S Co I,i, -c 'i-j.-:s'pi�vIONY V.'IIEIiEOF , I have hereurltO set my it 11 d �I,jjd �ii*ffixed my official q(-al the day d 1 "ist, 'ibove vvi-iticn. i;otar-y puizj is for Or(--,;(-)n !� N O co Lnr-4 r4 H f y N D >+ � C r O N z H H �• '� vi Cid' M o �� A � H O C4 � � I y dN cp od .0 t4 N W sJ cd o-4 qV p � 9L O � .t�a Cn H A. .�� H Gam. r4 cn �C 015 a M +� �C K M � it V iC 'o I •N r+ a O r4 a� GC,4 CCN � U711 � � �.� 74 N :91 Ga O U W � p, -4 ,laCOO 0 oa s go 4.1 -4-4 JJ ca cd ri to Al x U � ca a s, a a, o .a ►` C9 r4 C2 N 14Fo H O M C!1 I :d tv r-C O 0 eOrf O .4 % sT e� per.— X r- o A. is J �. I M V U�02r4d itit4 Hvlev � ® w M N pa til U � O d 0O O L�� to Q go Vof Lo tj M N A cn U >x' M 3 y u n � t tr+ w C) P- ..3 e� as tC 9 L�+. �C � O � 4Vcs +C r-4 F4