City Council Packet - 09/23/1985 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an
REGULAR MEETING AGENDA agenda item needs to sign on the appropriate
SEPTEMBER 23, 1985, 7:00 PM sign-up sheet(s). If no sheet is available,
FOWLER JUNIOR HIGH ask to be recognized by the Chair at the start
1.0865 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. AUTOMOBILE CLUB OF OREGON - Pedestrian Safety Citation
o Doug Peeples
4. ORDINANCE NO. 85- INSERT TITLE - Adopting findings of ZOA 4-85
hearing (Community Development Code Revisions)
o Community Development Director
5. CODES ENFORCEMENT DISCUSSION
o Community Development Director
6. PUBLIC HEARING - TEMPORARY USE TU 5a-•85 LARRY SCOVILLE NPO #3
Request to operate a used car business for a period of one year. The
applicant will desplay approximately 4 to 8 vehicles (all 1980 and
newer) on the site. Location: 12885 SW Pacific Hwy. (WCTM 2S1 2BC, Lot
2101).
o Public Hearing Opened & Continued at 9/4/85 Meeting
o Summary by Community Development Staff
o Public Testimony : Proponents, Opponents, Cross Examination
o Recommendation by Community Development Staff
o Public Hearing Closed
o Consideration by Council
7. PUBLIC HEARING - TIGARD STREET, STREET VACATION
Request to vacate a 10 foot strip of right-of-way on SW Tigard Street
near SW Grant.
o Public Hearing Opened
o Summation by Deputy Recorder
o Public Testimony : Proponents, Opponents, Cross Examination
o Recommendation by Deputy Recorder
o Public Hearing Closed
o Consideration By Council
8. PUBLIC HEARING - WALNUT PLACE (AT 99W) STREET VACATION
Request to vacate a portion of right-of-way on SW Walnut Place at the
intersection of Pacific Highway.
o Public Hearing Opened
o Summation by Deputy Recorder
o Public Testimony: Proponents, Opponents, Cross Examination
o Recommendation by Deputy Recorder
o Public Hearing Closed
o Consideration By Council
COUNCIL AGENDA - SEPTEMBER 23, 1985 - PAGE 1
9. PUBLIC HEARING - 74TH AVENUE (NEAR CHERRY) STREET VACATION
Request to vacate a portion of right-of-way on SW 74th Avenue near
Cherry Street.
o Public Hearing Opened
o Summation by Deputy Recorder
o Public Testimony: Proponents, Opponents, Cross Examination
o Recommendation by Deputy Recorder
o Public Hearing Closed
o Consideration By Council
10. PUBLIC HEARING - 122ND AVENUE (NEAR GREENWAY) STREET VACATION
Request to vacate a portion of right--of-way on SW 122nd Avenue near
Greenway Town Center.
o Public Hearing Opened
a Summation by Deputy Recorder
o Public Testimony: Proponents, Opponents, Cross Examination
o Recommendation by Deputy Recorder
a Public Hearing Closed
o Consideration By Council
11, PUBLIC HEARING - 67TH AVENUE & CLINTON STREET (NEAR I-5) STREET VACATION
Request to vacate a portion of right-of-way on SW 67th Avenue & Clinton
Street.
o Public Hearing Opened
o Summation by Deputy Recorder
a Public Testimony: Proponents, Opponents, Cross Examination
o Recommendation by Deputy Recorder
o Public Hearing Closed
o Consideration By Council
12. CONSENT AGENDA: These items are considered to be routine and may be
enacted in one motion without separate discussion. Anyone may request
that an item be removed by motion for discussion and separate action.
Motion to:
12.1 Approve Council Minutes - 9/16/85
12.2 Receive and File Departmental Monthly Reports
12.3 Receive and File Community Development Land Use Decisions
12.4 Approve Wastewater Utility Committee Formation - Res. No. 85-76
12.5 Approve City Questionnaire Format
12.6 Approve & Authorize Signature: GTE Easement
12.7 Call Special Council Workshop For 10/12/85 - 9:00 AM to 4:00 PM -
Tigard City Hall, 12755 SW Ash Avenue, Tigard, Oregon.
12.8 Approve & Authorize Signatures: Cotswald Meadows No. 3 Subdivision
Compliance Agreement & Bond
12,9 Approve Charter Revision Ballot Measures For November 5, 1985
Election - Resolution No. 85-
12.10 Approve Training Request - APWA Fall Conference
12.11 Approve October Newsletter Draft
13. NON-AGENDA ITEMS: From Council and Staff
14. EXECUTIVE SESSION: The Tigard City Council will go into Executive
Session under the provisions of ORS 192.660 (1) (h) to discuss pending
litigation issues.
15. ADJOURNMENT
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COUNCIL AGENDA SEPTEMBER 23, 1985 - PAGE 1
,✓ t
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T I G A R D C I T Y C O U N C I L
REGULAR MEETING MINUTES - SEPTEMBER 23, 1985 - 7:00 P.M.
1. ROLL CALL: Present: Mayor John Cook; Councilors: Tom Brian, and
Jerry Edwards; City Staff: Bob Jean, City Administrator;
Bill Monahan, Community Development Director; Tim Ramis,
Legal Counsel; and Loreen Wilson, Deputy City Recorder.
2. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS
a. City Administrator requested Consent Agenda Items .5 6 .9 be
pulled for discussion.
City Administrator also requested that the following items be
considered under Non-Agenda-
.1 MACC Cablecasting Agreement
.2 Murray Extension Options Discussion
.3 Appointment of Citizen Representative For SW Corridor Study
b. Councilor Edwards to requested item .10 be pulled from Consent
Agenda for discussion.
3. VISITOR'S AGENDA
( a. No one appeared to speak.
` 4. AUTOMOBILE CLUB OF OREGON
a. Mr. Doug Peeples, representing the American Automobile Association
(AAA), presented a Pedestrian Safety Citation to the City for the
second year with no pedestrian fatalities.
5. ORDINANCE NO. 85-32 AN ORDINANCE AMENDMENT SECTIONS 18.136.020,
18.32.090, 18.142, 18.64, 18.144, 18.106, 18.99,
18.136, 18.44.050, 18.46.050, 18.48.050,
18.50.050, 18.52.050, 18.54.050, 18.56.050,
18.58.050, 18.60.050, 18.62.050, 18.64.050,
18.66.050, 18.68.050, 18.70.050, AND 18.72.050 OF
THE COMMUNITY DEVELOPMENT CODE AND DECLARING AN
EMERGENCY (ZOA 4-85)
a. Community Development Director presented ordinance for Council
consideration from 9/9/85 public hearing findings.
b. Motion by Councilor Brian, seconded by Councilor Edwards to adopt.
Approved by unanimous vote of Council present.
6. CODES ENFORCEMENT DISCUSSION
a. Community Development Director presented draft of Codes
Enforcement ordinance noting the more efficient service process
for violators. This code would decriminalize the offenses and set
Page 1 - COUNCIL MINUTES - SEPTEMBER 23 1985
up a civil hearing procedure. He explained the process and noted
enalties. The Community Development Director
the proposed p® the Municipal Court Judge or t suggested that this could be heard by
a Hearings Officer.
wou
b, City Administrator noted t ht, thisant died inange this area make budgetary
impacts and should be r
he HearingsCe
r coul
C. Councilor Edwards suggeStions Community Development Director
also hear civil infrac
stated that this was possible from a workload aspect, however, it
is a different role and wouldhear hprefe
ese cor to ha
mplaints Municipal Court o
another Hearings Of
d, Deputy Recorder noted that Municipal Court Judge h s concerns
limitations
regarding impact on current case load, timing,
regarding possible 'contempt of court' charges since the
infractions are of a civil nature only. Deputy Recorder noted
additional concerns from an adaminis Officerative vapproaciew h recommended
this change be done through a Hearings
e, Legal Counsel noted that o s veryer ties the low each year caseload
w with many this
not
same civil infraction process
requiring trial.
be
cheduled for
f, Community Development Directorrtated thiafter t me has been allowed for
Council review in the future
further study.
7, PUBLIC HEARING - TEMPORARY USE 5a-85 LARRY SCOVILLE NPO #3
Request to operate a used car business for
8 pvehicles (allof one year. The
1980 and
applicant will display approximately WCT( 2S1 280, Lot
newer) on the site. Location: 12885 SW Pacific Hwy.
2101)
a, Public Hearing Opened
b, Community Development Director stated that applicant is requesting
a 1 year temporary use permit for a used car business. The
Planning Director has approved a 2 month temporary use to 10/5/85•
C. Public Testimony:
Proponents:
21444 SW 90th
Mr. Larry Scoville, representing Columbia Wholesale, ith copies of
Court, Tualatin, submitted a letter of support
business tax receipt ani picture of location. He stated the
inspectin and
intent was to strictly display la premises e modeautos
uaor fulltime bas is for
sale. No one would be on the p
sales purposes.
Opponents: No one appeared
~ I
Page 2 COUNCIL MINUTES - SEPTEMBER 23, 1995
Cross Examination:
{ Councilor Brian requested a condition be placed on the application
which would require a fence be constructed with appropriate
signing noting where to park for this use.
Discussion followed regarding the code limitations for parking
uses requiring pavement. Community Development Director suggested
a code revision could be requested by Council.
d. Community Development Director recommended approval with
conditions as set out in the Director's Decision and Councilor
Brian's request for fencing and noted a code revision would also
be required to allow parking on graveled area.
e. Public Hearing Closed
f. Councilor Brian stated he could support the request with the
addition of condition #5 (Fencing) to be required within 30 days
of approval. He also stated that he felt an ambiguity did exist
in the code and that temporary uses should be allowed to use
gravel parking.
g. Councilor Edwards noted that initially he was not in favor of the
use in this location, however, in light of the testimony, he would
approve the request with the conditions that the area not have a
"used car lot" appearance with an attendant not being allowed to
service the site for the purpose of selling the vehicles and that
no banners or pendants be displayed.
h. Legal Counsel stated that since this application was filed before
Council approval of a code change which required paved parking for
all land uses in the City, Council could approve this application /
with the gravel parking area.
Edwa.i-cts C 5
i. Motion by Councilor Brian, seconded by Councilor fslift- to give q'
tentative approval for the temporary use request and directed
staff to prepare necessary documents to approve request with the 4
conditions from the Director's Decision, condition 5 requiring
fencing within 30 days of approval, and condition 6 allowing no
attendant to wait on site for the purpose of selling vehicles.
Motion approved by a 2-1 vote of Council present, Mayor Cook
voting nay.
8. PUBLIC HEARING - TIGARD STREET, STREET VACATION
a. Public Hearing Opened
b. Deputy Recorder synopsized history of request noting 10 feet of
right-of-way is requested for vacation.
C. Public Testimony: No one appeared to speak.
C",
y: ,' Page 3 - COUNCIL MINUTES - SEPTEMBER 23, 1985
d. Deputy Recorder recommended approval with the following conditions:
o This vacation shall not be effective until the effective
date of this ordinance and it shall not be effective until
a certified copy of this ordinance has been recorded with
the Washington County Clerk, Assessor and Surveyor.
e. Public Hering Closed
f. Motion by Councilor Brian, seconded by Councilor Edwards to
tentatively approve with ordinance being considered at the 9/30/85
meeting.
Approved by unanimous vote of Council present.
9. PUBLIC HEARING - WALNUT PLACE (AT 99W) STREET VACATION
a. Public Hearing Opened
b. Deputy Recorder noted history of request.
C. Public Testimony:
Proponents:
Marilyn Hudson, 13267 SW Bull Mountain Place, requested approval
by the Council.
Councilor Tom Brian, 7630 SW Fir Street, noted for the record a
potential conflict of interest and stated he would abstain from
voting. He further requested support of the request.
Opponents:
Mr. Greg Davidson requested not to speak.
d. Deputy Recorder recommended approval of vacation with the
following conditions:
o Access be prohibited on the west side of SW Walnut Place
the entire length of the vacated area.
o The Street Vacation should be granted for transportation
right-of-way purposes, however, a public easement for
utility purposes shall be retained over the entire area.
o The vacation for transportation right-of-way purposes
should not be effective until the effective date of the
ordinance and it shall be not effective until a certified x;
copy of this ordinance has been recorded with the
Washington County clerk, assessor and surveyor.
a
e. Public Hearing Closed
f. Motion by Councilor Edwards, seconded by Mayor Cook to approve
r. staff recommendation and consider ordinance at the 9/30/85 meeting,
T}y
Page 4 COUNCIL MINUTES - SEPTEMBER 23, 1985
Motion received a 2-0-1 majority vote of Council present,
Councilor Brian abstaining. This matter is in deadlock until the
t 9/30/85 meeting.
10. PUBLIC HEARING - 74TH AVENUE (NEAR CHERRY) STREET VACATION
a. Public Hearing Opened
;1
b. Deputy Recorder synopsized the history of the request.
C. Public Testimony:
Proponents:
Mr. Alan Fox, 618 NW Glisan, Portland, supported request.
Opponents:
No one appeared to speak.
d. Deputy Recorder recommended approval with the following conditions:
o The Street Vacation should be granted. however, a public
easement for utility purposes shall be retained over the
northerly 20 feet of the proposed vacation area.
o The vacation shall not be effective until the effective
date of the ordinance and it shall be not effective until a
4_ certified copy of this ordinance has been recorded with the
Washington County clerk, assessor and surveyor.
e. Public Hearing Closed
f. Motion by Councilor Edwards, seconded by Councilor Brian to
approve staff recommendation and consider ordinance on 9030/85.
Approved by unanimous vote of Council present.
11. PUBLIC HEARING — 122ND AVENUE (NEAR GREENWAY) STREET VACATION
a. Public Hearing Opened
b. Deputy Recorder advised Council of history of request and noted
letter of support which had been filed by Mr. Roger M. Belanich of
Business Property Development.
C. Public Testimony:
Proponents.:
Mr. Bob Johnson, 8211 SW Loudcreek. requested not to speak.
Opponents:
No one appeared to speak.
t
Page 5 -COUNCIL MINUTES— SEPTEMBER 23, 1985
d. Deputy Recorder recommended approval with the following conditions:
o This vacation shall not be effective until the effective
date of this ordinance and it shall not be effective until
a certified copy of this ordinance has been recorded with
the Washington County Clerk, Assessor and Surveyor.
e. Public Hearing Closed
f. Motion by Councilor Brian, seconded by Councilor Edwards to
approve staff recommendation and consider ordinance at the 9/30/85
meeting.
Approved by unanimous vote of Council present.
12. PUBLIC HEARING 67TH AVENUE AND CLINTON STREET (NEAR I-5) STREET
VACATION
a. Public Hearing Opened
b. Deputy Recorder synopsized request and suggested Council consider
two alternatives for ingress/egress easement location. Alternate
A would be to split the 30 foot easement, 15 feet on each side of
the centerline of 67th Avenue. Alternatively, the 30 foot
easement could run along the west side of the centerline of 67th
Avenue to assist in speeding up the process for recording the
vacation. She noted a letter of remonstrance which was filed by
Mrs. Anne Leiser, an abutting property owner.
c. Public Testimony:
Proponents-
0 Mr. Jerry Cach, Cash's Realty, 12525 SW Main Street, stated that
there has been interest by a major hospital to develop the area.
He recommended approval.
o Mr. Iry Larson, 11720 SW 68th Avenue, recommended approval and
prefers split of ingress/egress easement 15 feet on each side of
the centerline of 67th Avenue from Baylor to the ODOT access
control line at the south end of the proposed vacation.
o Mr. Geraldine Ball, 11515 SW 91st Avenue, read a letter of support
into the record, however, questioned the map and reference to
Dartmouth Street in the Engineer's Report.
o Ms. Barbara Pugh, 8485 SW Seminol Trail, Tualatin, was co-owner of
tax lot 4000, and supported the vacation request to enhance
development opportunities in the area.
Opponents:
o Mrs. Anne Leiser, 6009 SW Pendelton Court, Portland, noted
opposition to vacation as she felt her property would be isolated
and it would reduce her property value and she did not want to sue
the City for this action. She requested the right-of-way go
through to Baylor.
SEPTEMBER 23, 1985
Page 6 - COUNCIL MINUTES
�F
d. Deputy Recorder recommended approval of the vacation request with
the following conditions:
o A private ingress/egress easement be retained on SW 67th
Avenue from the North line of SW Clinton Street 15 feet on
both sides of the existing centerline to the North lot line
of lot 3700 on Washington County Tax Map 1S1 3600.
o A private ingress/egress easement be retained on SW 67th
Avenue from the South line of SW Clinton Street 15 feet on
both sides of the existing centerline to the South lot line
of lot 5300 on Washington County Tax Map 1S1 360D.
o The Street Vacation should be granted for transportation
right-of-way purposes, however, a public easement for
utility purposes shall be retained over the entire area.
o The vacation for transportation right-of-way purposes shall
not be effective until the effective date of the ordinance
and it shall be not effective until a certified copy of
this ordinance has been recorded with the Washington County
clerk, assessor and surveyor.
Alternatively, she suggested the private ingress/egress easement
could run from the south line of Baylor Street to the north line
of the ODOT Access Control Line, based on public testimony.
e. Public Hearing Closed
f. Motion by Councilor Edwards, seconded by Councilor Brian to
approve staff's recommendation showing alternative "A" for the
private ingress/egress easement noting that this should run from
the south line of Baylor Street to the north line of the ODOT
Access Control Line.
Approved by unanimous vote of Council present.
Council requested ordinance be considered at the 9/30/85 meeting.
13. 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:
4.
13.1 Approve Council Minutes - 9/16/85
13.2 Receive and File Departmental Monthly Reports
13 .3 Receive and File Community Development Land Use Decisions
13.4 Approve Wastewater Utility Committee Formation - Res. No. 85-76
13.5 Approve City Questionnaire Format
13.6 Approve & Authorize Signature: GTE Easement
13 .7 Call Special Council Workshop For 10/12/85 - 9:00 AM to 4:00 PM -
Tigard City Hall, 12755 SW Ash Avenue, Tigard, Oregon.
13.8 Approve & Authorize Signatures: Cotswald Meadows No. 3 Subdivision
Compliance Agreement & Bond
13.9 Approve Charter Revision Ballot Measures For November 5, 1985
Election - Resolution No. 85-
13.10 Approve Training Request- APWA Fall Conference
13.11 Approve October Newsletter Draft
Page 7 - COUNCIL MINUTES - SEPTEMBER 23, 1985
a. Motion by Councilor Brian, seconded by Councilor Edwards to
approve Consent Agenda with items .5, .9, 6 .10 being removed for
idiscussion.
Approved by unanimous vote of Council present.
b. 13.5 Approve City Questionnaire Format
City Administrator requested Council contact his office by
Thursday noon with comments.
Councilor Edwards expressed some concern regarding wordage of
questionnaire and stated he would contact Administrator later with
details.
C. 13.9 Approve Charter Revision Ballot Measures For November 5,
1985 Election - Resolution No. 85-
Legal Counsel distributed proposed Charter language revisions and
stated that a resolution would iue presented at the 9/30/85 meeting
for adoption.
Consensus of Council was to have ballot measures drafted per
charter language revisions presented.
d. 13.10 Approve Training Request - APWA Fall Conference
Councilor Edwards questioned the need for the training.
Community Development Director stated why this was desirable for
at least one staff member from Public Works.
Motion by Councilor Edwards, seconded by Councilor Brian to
approve attendance for 1 member of staff.
Approved by unanimous vote of Council present.
14. NON-AGENDA ITEMS: From Council and Staff
14.1 MACC CABLECAST AGREEMENT
City Administrator recommended Council enter into a Cablecast
Agreement with Storer for telecasting Council meetings.
Motion by Councilor Edwards, seconded by Councilor Brian to
approve cablecasts as scheduled per Council Policy Calendar and
direct Administrator to prepare Contingency adjustments with the
Fall supplemental budget adjustments.
Approved by unanimous vote of Council present.
g ry
Page 8 - COUNCIL MINUTES - SEPTEMBER 23, 1985
14.2 MURRAY ROAD EXTENSION OPTIONS DISCUSSION
Community Development Director presented map noting City's
suggested extension placement and City of Beaverton's suggestion.
He noted that a decision needs to be made at this time of the
general configuration of the road since a major land development
is being planned for the area. The Director distributed copies of
Resolution No. 84-34 which set out Council's temporary design
guidelines for the extension and suggested Council needed to
consider whether a "T" intersection design was best to handle the
traffic in the area.
Councilor Brian supported the "T" intersection concept at 135th
with the condition that it is signalized and follows the general
design suggested by the Beaverton staff.
Councilor Brian questioned who would hold jurisdiction of 135th.
Community Development Director stated that Washington County staff
has prepared a staff report noting 135th 6 Durham Roads as being
retained by Washington County. This will be discussed by County
Commissioners on October 1, 1985. Councilor Brian requested a
copy of the staff report from Washington County and suggested a
number of Council and staff members attend to offer support for
the City's request for jurisdiction of the roads.
Councilor Edwards agreed the Beaverton proposal seemed appropriate
for design, but requested time to study the issue further.
After further discussion, Council agreed to consider this issue
further at their meeting of 9/30/85.
14.3 CITIZEN REPRESENTATIVE APPOINTMENT - SW Corridor Study Group
Councilor Brian suggested Milt Fyre be asked to serve since he is
already familiar with the greater metropolitan transportation
issues.
Motion by Councilor Brian, seconded by Councilor Edwards to
appoint Milt Fyre subject to his acceptance.
Approved by unanimous vote of Council present.
RECESS REGULAR SESSION: 9:58 P.M.
RECONVENE IN EXECUTIVE SESSION: 10:00 P.M.
15. EXECUTIVE SESSION: The Tigard City Council went go into Executive
Session under the provisions of ORS 192.660 (1) (h) to discuss pending
litigation issues.
16. ADJOURNMENT: 10:27 P.M.
ATTFST: Deputy City Recorder - City of Tigard
p - Cit of Ti and
catthc� ►-ESi�en*
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Page 9 - COUNCIL MINUTES —SEPTEMBER 23, 1985
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TIMES PUBLISHING COMPANY Logs' 7_6501
P.O.BOX 370 PHONE(503)584-0.360 Notice
BEAVERTON,OREGON 97075
Legal Notice Advertising
w a Q Tearsheet Notice pQ�CF�
City of Tigard V�Q
* PO Box 23397 • 0 Duplicate Affidavit
Tigard, OR 972233
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AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss.
I, Theresa Butcher
being first duly sworn, depose and say thV J am ttge advertising
Director. or his principal clerk,of the agar Imes
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Tigard in the
aforesaid county and state;that the
ri t _ cniinnil R2gulAr Meeting
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for 1 successive and
consecutive in the following issues:
September 19, 1985
L�f'c:ICilyY
Subscribed.land-s—w-bMto before me this Sept. 20 , 1985
otary Public for Oregon
My Commission Expires: 9/20/88
AFFIDAVIT
Vi
t
AGENDA ITEM M - VISITOR'S AGENDA DATE
(Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The Council
wishes to hear from you on other issues not on the agenda, but asks that you
first try to resolve your concerns through staff. Please contact the City
Administrator prior to the start of the meeting. Thank you.
NAME 6 ADDRESS TOPIC STAFF CONTACTED
3
DATE .3 ��!
I wish to testify before the Tigard City Council on
the following item: (P//lease print the information)
Item Description: (f1 �grn�Datr�-
Proponent (For Issue) Opponent (Against Issue)
Name, Address and filiatio n 1/7 Name, Address and Affiliation
;y
C-D
DATE,
I wish to testify before the Tigard City Council on
the folloving item: (Please print the information)
Item Descriptiont "74#
10)
Proponent (For Issue) Opponent (Against Issue)
Name, Address and Affiliation Name, Address and Affiliation
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DATE J SS
I wish to testify before the Tigard City Council on
the following item: (please print the information)
Item Description: g WO:I h tz-f
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Proponent (For Issue) Opponent (Against Issue)
Name. Address and Affiliation Name Addres apd filiation
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I wish to testify before the Tigard City Council on
the following item: (Please print the information)
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Proponent (For Issue) Opponent (Against Issue)
Name, Address and Affiliation Name, Address and Affiliation
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DATE
I wish to testify before the Tigard City Council on
the following item: (Please print the information)
Item Description:
1,41:5G-cC-- oV�
Proponent (Por Issue) opponent (Against Issue)
Name, Address and Affiliation Name, Address and Affiliation
4
DATE
I wish to testify before the Tigard City Council on
the following item: (Please print �tyhe information)
Item Description: �� '/ 7h�-
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Proponent (For Issue) Opponent (Against Issue)
Name, :U Address and Affiliation N e Address �gd Affiliation
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` 600 S.W.MARKET STREET • PORTLAND,OREGON 97201 CONTACT: Mary Merritt
(503) 222-6749
July 10, 1985
SAFE STREETS IN OREGON EARN RECOGNITION
Eleven cities in Oregon have been cited by the American
Automobile Association with Pedestrian Safety Citations for their
efforts toward reducing pedestrian fatalities and for their
interest in safety. They are: Dallas , Lake Oswego , North Bend,
Canby, Central Point, Ashland , Tigard , Milwaukie, Oregon City,
Roseburg, and Springfield.
Two Oregon cities, Dallas and Lake Oswego, received the
(z difficult-to-earn Triple A "Award of Achievement" for having no
pedestrian fatalities for the tenth consecutive year.
The AAA Pedestrian Program, unique in the nation , focuses
attention nationwide on pedestrian safety needs by stimulating
interest on the local level in pedestrian-related programs.
Recognition is given to cities and states that have demonstrated
successful pedestrian safety programs .
Communities participating in the AAA program are judged with
others of comparable size and characteristics.' Program areas
evaluated include safety legislation, enforcement, traffic
engineering, school traffic safety campaigns and public
information and education programs.
1 71
CITY OF TIGARD OREGON
COUNCIL AGENDA ITEM SUMP1ARY
AGENDA OF: September 23, 1985 AGENDA ITEM fit: +
DATE SUBMITTED: September 18, 1985 _ PREVIOUS ACTION: CC Approval 9 __
/9/85 _
ISSUE/AGENDA TITLE Zone Ordinance '
Amendment (ZOA 4-85) PREPARED BY: Keith Liden
REQUESTED BY:
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
POLICY ISSUE
INFORMATION SUMMARY
Attached is the ordinance for adoption of the Zone Ordinance Amendment (ZOA
4-85) as approved by Council on 9/9/85.
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
Review and adopt the ordinance.
(KL:br/1876P)
CITY OF TIGARQ OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 23, 1985 AGENDA ITEM #f: _
DATE SUBMITTED: September 19,1985 PREVIOUS ACTION: Discussion by Council
ISSUE/AGENDA TITLE: Code Enforce— _T in June 1985
ment Amendment Discussion PREPARED BY: William A. Monahan
REQUESTED BY:
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
Pot-ICY ISSUE
In order that the City may more efficiently enforce the various nuisance and
non—criminal codes, code revisions are necessary to clearly define the codes
as civil infractions. Service of process procedures must be revised to allow
the City to send citations by mail to establish a more uniform enforcement
system.
INFORMATION SUMMARY
In June, the Council was presented with an earlier draft of code revisions
which the staff and City Attorney's office has identified as necessary to
improve enforcement of codes. It is necessary to make the various codes
clearly non—criminal so that it will be easier to gain jurisdiction over
violators. The key element of the revisions relates to serving notice of
violations and citations by mail. With this ability, the staff will be able
to uniformly enforce all codes and, in particular, enforce the business tax
section of the node over both Tigard businesses and those out of City
businesses which do business in the City.
ALTERNATIVESCONSIDERED
1. Conduct a discussion session with the staff to evaluate the proposed
changes and direct staff to prepare an ordinance for later consideration.
2. Following a discussion of the proposal changes, make no changes to the
TMC.
SUGGESTED ACTION
Discuss the code revisions with the staff and direct the staff to bring back a
draft which contains those changes which the Council agrees with for future
consideration.
(tr3A-1.br/19200)
DTiAFT 1tiO. �
CITY OF TIGARD, OREGON
ORDINANCE NO. 85-
AN ORDIN NCE AMENDING 5. 04. 180 AND REPEALING SECTION 5.04. 190,
CHAPTERS�7.40 ANDr.18. 24. 030 AND DEFINING NUISANCES AND CIVIL
INFRACTIONS, ESTABLISHING NUISANCE ABATEMENT PROCEDURES AND
CIVIL INFRACTION PROCEDURES, AND ESTABLISHING CIVIL PENALTIES.
WHEREAS, in order to protect the public health, safety and welfare
there must be a process for enforcing the provisions of the Tigard
Municipal Code;
WHEREAS, the Tigard Municipal Code currently makes violations of
the Code a criminal act, and current practice among cities is to
establish civil proceedings;
WHEREAS, this ordinance defines public nuisances, establishes
nuisance abatement procedures, establishes civil infraction
procedures administered by the municipal court, and establishes
civil infraction penalties for unpaid business taxes and zoning
ordinance violations;
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1. Exhibit "A" entitled "Civil Infractions Ordinance"
shall be adopted and made a part of Title 2.
Section 2. Section 5.04. 108 shall be amended to read as follows:
The City is authorized to conduct inspections to insure
the administration and enforcement of this chapter. [In
addition, all city police officers are charged with the
responsibility of administration and enforcement of this
chapter. ] The code enforcement officer shall be
responsible for the enforcement of this chapter.
Section 3. Section 5.04. 190 shall be repealed and the provisions
set forth in Exhibit"B" entitled "Business Tax
Penalties" shall be adopted and codified as 5.04 .190.
Section 4 . Chapter 7.40 shall be repealed and the provisions of
Exhibit "C" entitled "Nuisance Ordinance" shall be
adopted and codified as Chapter 7. 40, Nuisances.
Section 5. Exhibit "D" entitled "Nuisance Abatement Procedures"
- shall be adopted and codified as Chapter 7. 42.
Section 6. Section 18.24.030 shall be repealed and Exhibit "E"
entitled "Zoning Violation Penalties shall be
adopted and codified as 18. 24 . 030.
s
EXHIBIT "A" nRA FT NO.-
DATE.
O.-DAT E.
CIVIL INFRACTIONS ORDINANCE
Section 1: Title
Section 2: Establishment & Purpose
A. Purpose
Section 3: Culpability; Nonexclusive Remedy
Section 4: Definitions
Section 5: Infraction Procedures
A. Reporting
B. Review of Facts; Sufficiency of Evidence
C. Notice of Violation a Prerequisite to Issuance of Complaint
1. Validity of Notice of Violation
2. Class 1 Infraction
3. Class 2 and 3 Infraction
4. Time to Remedy Violation after Notice of Violation
5. Notice of Violation
6. Information Required for Notice of Violation
7. Failure to Respond to Notice of Violation
8. Voluntary Compliance Agreement
a. Effect of Agreement
b. Failure to Comply with Agreement
D. Issuance of Uniform Infraction Summons and Complaint
1. Timing of Service
�- 2. Form of Summons and Complaint
3. Service; Service by Mail and Failure to Receive
Notice; Default
E. Answer by Responsible Party
1. Answer Required
2 Admission
3. Denial
F. Hearing Procedures
1. Jury
2. Representation by Counsel
3. Opportunity To Be Heard; Cross-Examination
4. Witnesses
5. The Hearing--Admissible Evidence
6. Burden of Proof
7. The Decision
8. Civil Penalty and Assessment of Fees
9. The Record
10. Finality of Decision; Appeal
Section 6: Enforcement
y
Section 7: Civil Penalty
A. Continuous Infraction
B. Time Payment Due
C. Classification of Civil Penalties
D. Assessment of Civil Penalties
E. Delinquent Civil Penalties
Section 8: Lien Filing and Docketing
Section 9: Code Enforcement Officers Authorized to Promulgate
Rules
Section 10: Reference to State Law
Section 11: Effect of this Ordinance
1
CIVIL INFRACTIONS ORDINANCE
Section 1: Title. This ordinance shall be known as the
"Civil Infractions Ordinance" and may also be referred to herein
as "this chapter" .
Section 2: Establishment and Purpose
A. Purpose
1. The purpose of this chapter is to establish civil
procedures for the enforcement of certain provisions of the Tigard
Municipal Code.
2. These civil infraction procedures have been established
for the purpose of decriminalizing penalties for infractions of
certain civil ordinances and for the purpose of providing a
convenient and practical forum for the civil hearing and determi-
nation of cases arising out of said violations.
3. These procedures are being adopted pursuant to the
home rule powers granted the City of Tigard by Article IV,
Section 1, and Article XI, Section 2, of the Oregon Constitution.
Section 3: Culpability; Nonexclusive Remedy
A. Acts or omissions to act which are processed pursuant to
the provisions of this chapter or are designated an infraction
by any City ordinance do not require a culpable mental state as an
element of this infraction.
B. The procedure prescribed by this chapter shall be the
exclusive procedure for imposing a civil penalty; however, this
section shall not be read to prohibit in any way any alternative
� - remedies set out in the Tigard Municipal Code which are intended
to abate or alleviate Code violations, nor shall the City be
prohibited from recovering, in a manner prescribed by law, any
expense incurred by it in abating or removing ordinance violations
pursuant to any Code provision.
Section 4 : Definitions
A. For the purpose of Sections 1 through 11 of this chapter,
the following terms shall mean:
1. Civil Infraction. The Commission of an act or omission
to act in a manner prescribed by this chapter or Code constituting
a breach, violation or infringement of a section of the City Code
or this chapter constitutes a civil infraction.
2. Civil Penalty; Civil Penalty Schedule. The only
penalty to be imposed for an infraction is a monetary penalty
called a civil penalty.
3. Code enforcement officer. The designee or designees
appointed by the Director of Community Development.
4. Notice of Violation. Any prior contact between the
Code enforcement officer and the responsible party regarding the
alleged infraction, including but not limited to a phone call,
personal oral communication at any location, letter or other form
of written communication, or a prior citation issued for the same
or similar infraction which gives the responsible party notice of
the alleged violation.
5. Responsible party. The person responsible for curing
or remedying an infraction, which includes:
a. The owner of the property or the owner' s manager
or agent or other person in control of the property on
behalf of the owner;
b. The person occupying the property including
bailee, lessee, tenant or other person having posses ion;
C. The person who is alleged to have corm--nitt -:d or
authorized the commission of the infraction.
6. Voluntary Compliance Agreement. A written agreement
between the code enforcement officer and the responsible party
which is intended to resolve the problem which gives rise to the
complaint.
Section 5: Infraction Procedures
A. Reporting. All reports or complaints of infractions covered
by this chapter shall be made to the code enforcement officer.
B. Review of Facts; Sufficiency of Evidence
1. When an infraction is reported to the code enforcement
officer, the code enforcement officer shall prepare a statement of
the facts and shall review the facts and circumstances surrounding
the alleged infraction against the Code provisions which apply to
the alleged violation.
2. The code enforcement officer shall not proceed further
with the matter upon a determination that sufficient evidence does
not exist to support the allegation that an infraction has occurred
or that it is not in the best interest of the City.
C. Notice of Violation A Prerequisite to Issuance of Complaint
1. Validity of Notice of Violation
a. In order to be effective, any notice of the
violation must be made within 120 days preceding the issuance
of the uniform infraction citation.
b. Notice of the violation shall be deemed to have
occurred if the alleged infraction is related to regulated
h
activity for which the City has issued any permit, license,
agreement, or written directive required by law or policy of
the City in conjunction with the requlated activity. No time
limit shall apply and no subsequent notice shall be required.
2. Class 1 Infraction. Notice of the violation may be
made with the responsible party before a uniform infraction summons
and complaint is issued for a Class 1 infraction. It is not a pre-
requisite to the issuance of the summons and complaint, and is at
the sole discretion of the code enforcement officer.
3. Class 2 and 3 Infraction. Notice of the violation
shall be made with the responsible party before a uniform infraction
summons and complaint is issued for a Class 2 or Class 3 infraction.
4. Time to Remedy Violation after Notice of Violation.
The code enforcement officer shall give the responsible party a
reasonable time to cure or remedy the alleged infraction after the
notice is given. The time allowed shall not be less than seven
days nor more than 30 days, except where there is a finding of a
danger to the public health, safety or welfare, in which case
immediate compliance may be ordered. Where there is no danger to
the public and there is an extreme hardship, additional time may
be granted. Any alleged extreme hardship shall be documented by
the responsible party and shall be made a part of the record.
5. Notice of Violation.
a. Methods of giving notice.
(1) Notice of the violation may be given in
person by the code enforcement officer to the responsible
party. The responsible party shall be given a Notice of
Violation;
(2) Notice of the violation may be made by a
telephone call to the responsible person. The responsible
party shall be given a Notice of Violation by first class
mail; or
(3) Notice of the violation constituting a prior
contact may be made by mailing the Notice of Violation by
registered or certified mail, return receipt requested.
b. Computation of Time Period.
(1) Where the Notice of Violation is delivered
in person, the time period shall begin to run immediately
(2) Where the Notice of Violation is mailed to
the responsible party, for purposes of computing any time
period prescribed by this chapter, notice shall be complete
three days after such mailing, if the address to which it is
mailed is within the state, and seven days after mailing if
the address to which it is mailed is outside the state.
6. Information Required for Notice of Violation. The
following information shall be communicated to the responsible party
in the Notice of Violation:
a. A description or identification of the activity
constituting the alleged infraction and identification of the
recipient as being the responsible party for the infraction;
b. A statement that the code enforcement officer has
determined the activity to be an infraction;
C. A statement of the action required to remedy or
cure the infraction and the time and/or date by which the
remedy must be completed, unless the responsible party enters
into a Voluntary Compliance Agreement; and
V
d. A statement advising that, if the required
abatement is not completed within the time specified, or
the responsible party has not entered into a Voluntary
Compliance Agreement, a uniform infraction summons and
complaint will issue and that a forfeiture in the maximum
amount provided by the Code for that particular infraction
could be imposed.
7. Failure to Respond to Notice of Violation. When a
responsible party either receives or rejects the Notice of Violation
and fails to cure the violation within the time specified in the
Notice of the Violation, the code enforcement officer may serve
the responsible party with a summons and complaint.
8. Voluntary Compliance Agreement.
a. Effect of Agreement
�- (1) The code enforcement officer may enter into
a written voluntary compliance agreement with the responsible
party. The agreement shall include time limits for compliance
and shall be binding on the responsible party.
(2) The fact that a person alleged to have
committed a civil infraction enters into such an agreement
shall not be considered an admission of having committed an
infraction for any purpose.
(3) The City shall hold further processing of
the alleged violation in abeyance during the time allowed in
the voluntary compliance agreement for the completion of the
necessary corrective action. The City shall take no further
action concerning the alleged violation if all terms of the
w
voluntary compliance agreement are satisfied, other than
those steps necessary to terminate the matter.
b. Failure to Comply with Agreement. The failure to
comply with any term of the voluntary compliance agreement
constitutes a separate Class 1 Civil Infraction and shall be
handled in accordance with the procedures established by this
chapter, except no prior contact after the voluntary compliance
agreement has been signed need be made before the uniform
infraction summons is issued. The City may also proceed with
processing the alleged infraction giving rise to the voluntary
compliance agreement.
D. Issuance of Uniform Infraction Summons and Complaint
1. Timing of Service. A uniform infraction summons and
complaint signed by the code enforcement officer or any citizen may
be filed with the municipal court charging the responsible party
with the civil infraction and setting a date for the responsible
party to appear before the municipal court to answer the complaint
under the following circumstances:
a. The summons and complaint may be served immediately
upon discovery of the violation if it is a Class 1 infraction.
b. Where a Notice of Violation is given or is
required, the summons and complaint may be served on a
responsible party who received notice or rejected notice when
the time given in the Notice of Violation has expired.
C. Where a Voluntary Compliance Agreement has been
executed, the time for compliance has lapsed and the infraction has
not been cured.
2. Form of Summons and Complaint
a. The code enforcement officer shall prescribe the
form ,of the uniform infraction summons and complaint, but
O
it shall consist of at least three pages. Additional pages
may be inserted for administrative purposes by those charged
with the enforcement of the ordinances. The required pages
are:
(1) The complaint;
(2) The City department record; and
(3) The summons.
b. Each of the three pages shall contain the
following information:
(1) The name of the court and the court's file
number;
(2) The name of the person cited;
(3) The infraction with which the person is
charged;
(4) The date, time and place the infraction
occurred or, if the infraction is of a continuing nature,
the date, time and place the infraction was observed by
the code enforcement officer or the citizen signing the
complaint;
(5) The date on which the complaint was issued;
(6) The scheduled civil penalty for the alleged
infraction;
(7) The time and place at which person cited is
to appear in court to answer the complaint;
C. A form of verification that the person signing
the complaint swears that the person has reasonable grounds
to believe, and does so believe, that the person cited
committed the infraction; and
d. Notice to the person cited that a civil complaint
will be f iled in the municipal court of the City.
3. Service; Service by Mail and Failure to Receive
Notice; Default.
a. Service on individuals may be made by the code
enforcement officer or any authorized agent of the City by any of
the following means:
(1) Service may be made by mailing the summons
and complaint by restricted or unrestricted certified or
registered mail, return receipt requested. For purposes of
computing any time period prescribed by this chapter, service
by mail shall be complete three days after such mailing if
the address to which it was mailed is within the state, and
seven days after mailing if the address to which it is mailed
is outside the state.
(2) Service may be made by delivering the summons
and complaint directly to the person to be served.
(3) Substituted service may be made by delivering
a copy of the summons and complaint at the dwelling house or
usual place of abode of the person to be served, to any person
over 14 years of age residing in the dwelling house or usual
place of abode of the person to be served. Where substituted
service is used, the code enforcement officer, as soon as
reasonably possible, shall cause to be mailed a true copy of
the summons and complaint to the responsible party at the
responsible party' s dwelling house or usual place of abode,
together with a statement of the date, time, and place at which
substituted service was made. For the purpose of computing }
t
LU
any period of time prescribed or allowed by this chapter,
substituted service shall be complete upon mailing.
(4) If the person to be served maintains an
office for the conduct of business, office service may be
made by leaving a true copy of the summons and complaint at
such office during normal working hours with the person who
is apparently in charge. Where office service is used, the
code enforcement officer, as soon as reasonably possible,
shall cause to be mailed a true copy of the summons and
complaint to the responsible party at the responsible party' s
dwelling house or usual place of abode or the responsible
party's place of business or such other place under the
circumstances that is most reasonably calculated to apprise
the responsible party of the existence and pendency of the
action, together with a statement of the date, time, and place
at which office service was made. For the purpose of computing
any period of time prescribed or allowed by this chapter,
office service shall be complete upon such mailing.
b. Service on particular responsible parties; minors,
incapacitated persons, corporations, limited partnerships, the
State, other public bodies, general partnerships and unincorpora-
tions, shall be on the persons named in the Oregon Rules of Civil
Procedure.
C. No default shall be entered against any responsible
party served by mail under this subsection who has not either
F. received or rejected the registered or certified letter containing
f
a copy of the summons and complaint unless authorized by the judge.
5
ff
11
E. Answer by Responsible Party
1. Answer Required. A person who receives a summons and
complaint alleging an infraction shall answer the complaint by
personally appearing to answer at the time and place specified
therein; except an answer may be made by mail or personal delivery
if received by the City within ten days of the date of the receipt
of the summons and complaint as provided in subsections 2 and 3 below.
2. Admission
a. If the person alleged to have committed an
infraction admits the infraction, the person may complete the
appropriate answer on the back of each summons and forward the
summons to the municipal court. Cash, check or money order in the
amount of the civil penalty for the infraction alleged, as shown
on the face of the summons, shall be submitted with the answer.
Upon receipt of the civil penalty, an appropriate order shall be
entered in the municipal court records.
b. A person who admits to the infraction shall have
ten days from the date the order is entered in the municipal court
records to cure or remedy the situation, except in situations where
the code enforcement officer determines there is a danger to the
public, in which case a lesser amount of time may be specified.
3. Denial
a. If the person alleged to have committed the
infraction denies part or all of the infraction, the person may
request a hearing by completing the appropriate answer on the back
of the summons and forwarding the summons, together with security
r court fees, to the Municipal Court Clerk. Upon receipt, the answer
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y shall be entered and a hearing date established by the municipal
Y�C
11
court. The municipal court shall notify the person alleged to have
committed the infraction, by return mail, of the date of the hearing.
The security received shall be returned upon appearance for the
hearing by the person alleged to have committed the infraction,
except as otherwise provided in this ordinance.
b. The security deposit may be waived in whole or
in part at the discretion of the municipal court for good cause
shown dnd upon written application of the person alleged to have
commited the infraction setting forth the reason for requesting
the waiver and certifying that the person alleged to have committed
the infraction will attend the hearing when scheduled.
F. Hearing Procedures
1. Jury. Every hearing to determine whether an infraction
has been committed shall be held before the municipal court without
a jury.
2. Representation by counsel. The defendant may be
represented by legal counsel; however, legal counsel shall not be
provided at public expense. If legal counsel is to appear, written
notice shall be provided to the municipal court no later than five
days prior to the hearing date.
3. Opportunity To Be Heard; Cross-Examination. The
defendant shall have the right to present evidence and witnesses
in the defendant's favor, to cross-examine witnesses who testify
against the defendant, and to submit rebuttal evidence .
4 Witnesses
a. The defendant alleged to have committed the
r appear at
the hearing. The defendant shall make such a request in writing
3
1J
to the court at the time the answer is returned , or subsequently
t{µ by mail at any time at least five days prior to the scheduled
hearing. A deposit for each witness shall accompany the request,
such deposit to be refunded if no civil penalty is assessed by
the final order. The deposit shall be in the amount equal to the
witness fee allowed by statute for witnesses in circuit court.
b. Subject to the same five-day limitation, the code
enforcement officer, the citizen who signed the complaint or the
city attorney, as appropriate, may also request in writing that the
court order certain witnesses to appear by subpoena. If a civil
penalty is declared in the final order, the order shall also
provide that the defendant shall pay any witness fees payable in
connection with the hearing.
5. The Hearing--Admissible Evidence
E a. Relevant Evidence. The hearing shall be limited
to production of evidence only on the infraction alleged in the
complaint.
b. oral Evidence. oral evidence shall be taken only
on oath or affirmation.
C. Admissibility of Evidence. Any relevant evidence
shall be admitted if it is the type of evidence on which responsible
persons. are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rule
which might make improper the admission of such evidence over
objection in civil actions in courts of competent jurisdiction in
this state.
d. Exclusion of Evidence. Irrelevant and unduly
repetitious evidence shall be excluded.
r-s -
1 4
6. Burden of Proof. The complainant or, if the City is
the complainant, the code enforcement officer shall have the burden
of proving the alleged ordinance infraction by a preponderance of
the evidence.
7. The Decision. The court shall determine whether the
infraction as alleged in the complaint was committed, after due
consideration of the evidence and arguments presented at the hearing.
When the infraction has not been proven, a court order dismissing
the complaint shall be entered in the municipal court records. A
copy of the order shall be delivered, personally or by mail, to
the person named in the order. When the court finds that the
infraction was committed, and upon written request by a party to
the hearing, the order shall include a brief statement of the
necessary findings of fact to establish the infraction alleged.
`- 8. Civil Penalty; Assessment of Fees; Other Remedies.
Upon a finding that an infraction has occurred, the court may:
a. Assess a civil penalty pursant to Section 7 of
this chapter, plus court costs and witness fees. The municipal
court judge is authorized to set reasonable court costs, including
security for court fees, by court order.
b. Require or enjoin the performance of an act
affecting real property, enjoin continuance of a violation that
has existed for ten days or more, or enjoin further commission of
a violation that otherwise may result in additional violations of
the same or related penal provisions affecting the public morals,
health or safety. These remedies may be imposed in addition to a
civil penalty or in lieu of a civil penalty.
l
l�
9. The Record. The court shall maintain a record of its
proceedings, A mechanical recording of the hearing accompanied by
any written documents, correspondence or physical evidence associated
with the matter shall be sufficient to meet the requirements of
this subsection.
10. Finality of Decision; Appeal. The determination of
the municipal court shall be final. Review of the court's
determination shall be to the circuit court by writ of review
pursuant to ORS Chapter 34.
Section 6: Enforcement.
A. Subject to the limitations set forth in Section 5 (D) (3) (c) ,
a default judgment shall be entered for the scheduled civil penalty
applicable to the charged infraction if a cited person fails to
answer the summons or fails to appear at a scheduled hearing. In
addition, when a person fails to appear for a hearing, the security
posted, or an amount equal to the security waived, shall be
ordered forfeited.
B. Nothing in this subsection shall be construed to limit
in any way the contempt powers of the municipal judge granted by
the Charter or state law, and the judge may exercise those powers
as the judge considers necessary and advisable in conjunction with
any matter arising under the procedures set forth in this chapter.
Section 7: Civil Penalty.
A. Continuous Infraction. When an infraction is of a
continuous nature, unless otherwise specifically provided a
separate infraction shall be deemed to occur on each calendar
day the infraction continues to exist.
v� _
1O
B. Time Payment Due. Any civil penalty assessed shall be
paid no later than ten days after the final order declaring the
civil penalty is deposited in the mail. Such period may be
extended upon order of the municipal judge.
C. Classification of Civil Penalties. For the purpose of
determining civil penalties, infractions are classified in the
following categories:
1. Class 1 infractions.
2. Class 2 infractions.
3. Class 3 infractions.
D. Assessment of Civil Penalties. The civil penalty to be
assessed for a specific infraction shall be as follows:
1. Pursuant to specific provisions under this Code
setting forth the assessment; or
2. Pursuant to the following civil penalty schedule
where the Code does not provide for a specific civil penalty:
a. Class 1 infraction; an amount not exceeding
$250. 00;
b. Class 2 infraction, an amount not exceeding
$150.00;
C. Class 3 infraction, an amount not exceeding $50. 00.
E. Delinquent Civil Penalties. Delinquent civil penalties
and those brought to default judgment which were assessed for
infractions may, in addition to any other method, be collected or
enforced pursuant to ORS 30.310 or ORS 30. 315.
Section 8: Lien Filing and Docketing.
A. When a judgment is given in municipal court in favor of
the City for the sum of $10.00 or more, exclusive of costs and
1 /
disbursements, the code enforcement officer may, at any time
thereafter while the judgment is enforceable, file with the City' s
Finance Director a certified transcript of all those entries made
in the docket of the municipal court with respect to the action
in which the judgment was entered.
B. Thereupon, the Finance Director shall enter the judgment
of the municipal court on the City' s lien docket.
C. From the time of entry of the municpal court judgment on
the City' s lien docket, the judgment shall be a lien upon the real
property of the person against whom judgment was entered in the
municipal court. Except as provided in subsection D, entry of
the municipal court judgment in the City's lien docket shall not
thereby extend the lien of the judgment more than ten years from
the original entry of the judgment in the municipal court.
D. Whenever a judgment of the municipal court which has
been entered pursuant to this section is renewed by the municipal
court, the lien established by subsection C of this section is
automatically extended ten years from the date of the renewal
order.
E. The Finance Director may file the transcript of the
judgment with the county clerk for entry in the judgment docket
of the circuit court.
Section 9: Code Enforcement Officer Authorized To x.
Promulgate Rules. The code enforcement officer is authorized to
5 _
promulgate any rules, procedures or guidelines the code enforcement 4
zxs
officer considers advisable to enforce this chapter; however, '
4
final approval of any rules, procedures or guidelines shall be v`
approved by the City Council by ordinance.
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p�
iz
Ib
Section 10: Reference to State ?maw. Any reference to a
I state statute incorporates the statute in effect on (effective
date of ordinance) into this ordinance by reference.
Section 11: Effect Of This Ordinance .
A. Citations or complaints issued and filed with the court
prior to the effective date of this ordinance shall be processed
in accordance with the provisions in effect at the time the
complaint was issued.
B. Nothing in this ordinance shall be construed as a waiver
of any prior assessment, bail or fine ordered by the court.
EXHIBIT "B"
DRAFT No - 2-
I):I TE: ,/
BUSINESS TAX PENALTIES
5. 04. 190 Penalties.
a. Violation of this chapter shall constitute a Class 2
Civil Infraction which shall be processed according to the
procedures established in the Civil Infractions Ordinance,
Section 1 through Section 11.
b. Each violation of a separate provision of this chapter
,hall constitute a separate infraction, and each da-,-r that a
violation of this chapter is committed or permitted to continue
shall constitute a separate infraction.
C. A finding that a person has committed a civil infraction
in violation of this chapter shall not act to relieve the person
from payment of any unpaid business tax, including delinquent
charges, for which the person is liable. The penalties imposed by
this section are in addition to and not in lieu of any remedies
available to the City.
d. Payment of the business tax after the complaint and
summons is served is not a defense.
e. If a provision of this chapter is violated by a firm or
corporation, the officer or officers, or person or persons
responsible for the violation shall be subject to the penalties
imposed by this chapter.
EXHIBIT "C" DRAFT NO.
D:I 1 - -
CHAPTER 7.40
NUISANCE ORDINANCE
Section 1. Short Title
Section 2. Definitions
Section 3. Declaration of Nuisance
Section 4 . Nuisances Affecting the Public Health
1. Privies
2. Debris
3. Stagnant Water
4. Water Pollution
5. Odor
6. Surface Water
7. Cesspools
8. Animals
9. Removal of Carcasses
Section 5. Nuisances Affecting Public Safety
1. Noxious Vegetation
2. Trees, Streets and Sidewalks
3. Greenway Maintenance
4 . Open Storage of Junk
5. Attractive Nuisance
6. Scattering Rubbish
Section 6. Nuisances Affecting the Public Peace
1. Noise
Section 7. Reserved
Section 8. Permits Required
1. Permits Required for Certain Events Using Amplified Sound
a
Section 9. Penalties
• a
NUISANCE ORDINANCE
Section 1. Short Title. This ordinance shall be known as
the "Nuisance Ordinance" and may also be referred to herein as
"this chapter. "
Section 2. Definitions .
1. Responsible party. The person responsible for curing or
remedying a nuisance, which includes:
a. The owner of the property or the owner' s manager
or agent or other person in control of the property on behalf of
the owner;
b. The person occupying the property including
bailee, lessee, tenant or other person having possession;
C. The person who is alleged to have committed the
acts or omissions, created or allowed the condition to exist or
placed the object or allowed the object to exist on the property.
Section 3. Declaration of Nuisance.
1. The acts, omissions, conditions or objects specifically
enumerated in this ordinance are hereby declared to be a public
nuisance. Public nuisances may be abated by the procedures set
forth in the Nuisance Abatement Procedures, Chapter 7.42.
2. In addition to the nuisances specifically enumerated
within this ordinance, every other thing, substance, or act which
is determined by the Council to be offensive, injurious or
detrimental to the public health, safety or welfare of the City is
declared to be a nuisance and may be abated as provided by the
procedures set forth in the Nuisance Abatement Procedures,
Chapter 7.42.
17
t
.e
Section 4. Nuisances Affecting the Public Health. No person
M shall cause or permit a nuisance affecting the public health. The
following are nuisances affecting the public health:
1. Privies. An open vault or privy constructed and
maintained within the City, except those constructed or maintained
in connection with construction projects in accordance with the
State Health Division regulations.
2. Debris. Accumulations of debris, rubbish, manure and
other refuse that affect the health of surrounding persons.
3. Stagnant Water. Stagnant water which affords a
breeding place for mosquitoes and other insect pests.
4. Water Pollution. Pollution of a body of water, well,
spring, stream, or drainage ditch by sewage, industrial wastes,
or other substances placed in or near the water in a manner that
t
will cause harmful material to pollute the water.
S. odor. Any animal, substance or condition on the premises
that are in such a state or condition as to cause an offensive odor
detectible at a property line or that are in an unsanitary condition.
6 . Surface Drainage. Drainage of liquid wastes from private
premises.
7. Cesspools. Cesspools or septic tanks that are in an
unsanitary condition or which cause an offensive odor.
8. Animals . Animals including livestock or buildings for
the purpose of maintaining livestock or animals maintained in such
places or in such a manner that they are offensive or annoying to
the residents within the immediate vicinity, or maintaining the
premises in such a manner as to be a breeding place or likely
C
breeding place for rodents, flies and other pests.
-
9. Removal of Carcasses. An animal carcass permitted to
remain on public property or to be exposed on public property for
a period of time longer than is necessary to remove or dispose of
the carcass.
Section 5. Nuisances Affecting Public Safety,
1. Noxious Vegetation.
a. The term "noxious vegetation" does not include
vegetation that constitutes an agricultural crop, unless that
vegetation is a health hazard, a fire hazard or a traffic hazard,
and it is vegetation within the meaning of subsection (b) .
b. The term "noxious vegetation" includes:
(1) Weeds more than 10 inches high;
(2) Grass more than 10 inches high and not within
the exception stated in subsection (a) of this section;
(3) Poison oak, poison ivy or similar vegetation.
(4) Dead trees, dead bushes, stumps and any
other thing likely to cause fire.
(5) Blackberry bushes that extend into a public
thoroughfare or across a property line.
(6) Vegetation that is a health hazard.
(7) Vegetation that is a traffic hazard because
it impairs the view of a public thoroughfare or otherwise
makes use of the thoroughfare hazardous.
C. No owner or responsible party shall allow noxious
vegetation to be on the property or in the right of way of a
public thoroughfare abutting on the property. The owner or
responsible party shall cut down or destroy grass, shrubbery,
.brush, bushes, weeds or other noxious vegetation as often as needed
to prevent them from becoming unsightly or, in the case of weeds
or other noxious vegetation, from maturing or from going to seed.
2. Trees; Streets and Sidewalks
a. No owner or responsible party shall permit tree
branches or bushes on the property to extend into a public street
or public sidewalk in a manner which interferes with street or
sidewalk traffic. It shall be the duty of an owner or responsible
party to keep all tree branches or bushes on the premises which
adjoin the public street or public sidewalk, including the
adjoining parking strip, trimmed to a height of not less than
eight feet above the sidewalk and not less than ten feet above the
street.
b. No owner or responsible party shall allow to stand
any dead or decaying tree that is in danger of falling or other-
wise constitutes a hazard to the public or to persons or property
on or near the property.
C. The owner or responsible party shall keep a public
street and/or sidewalk abutting their property free from earth,
rock and other debris and other objects that may obstruct or render
the street or sidewalk unsafe for its intended use.
3. Greenway Maintenance.
a. The owner or responsible party shall be responsible
for the maintenance of the property subject to an easement to the
City or to the public for greenway purposes. Except as otherwise
_ provided by this section, the standards for maintenance shall be
as follows:
(1) The land shall remain in its natural topographic
condition. No private structures, culverts, excavations or
fills shall be constructed within the easement area unless
{ authorized by the city engineer based on a finding of need
in order to protect the property or the public health,
safety or welfare;
(2) No tree over five feet in height shall be
removed unless authorized by the planning director based
on a finding that the tree constitutes a nuisance or a
hazard;
(3) Grass shall be kept cut to a height not
exceeding ten inches, except when some natural condition
prevents cutting.
b. In situations where the Approval Authority
establishes different standards or additional standards, the
standards shall be in writing and shall be recorded. No person
shall be found in violation of this section of the Code unless
the person has been given actual or constructive notice of the
standards prior to the time the violation occurred.
4. Open Storage of Junk. No person or responsible party
shall deposit, store, maintain or keep on any real property,
except in a fully enclosed storage facility, building or garbage
receptacle, any of the following:
a. An icebox or refrigerator, or similar container
which seals essentially air tight, without first removing the door;
b. Inoperable, partially dismantled automobiles, trucks,
bus trailers or other vehicle equipment or parts thereof in a
state of disrepair for more than ten calendar days as to any one
automobile, truck, bus, trailer or piece of vehicular equipment;
C. Used or dismantled household appliances, furniture,
other. discards or junk for more than five days.
S. Attractive Nuisances.
a. No owner or responsible party shall permit on the
property:
(1) Unguarded machinery, equipment, or other
devices which are attractive, dangerous, and accessible
to children;
(2) Lumber, logs, building material or piling
placed or stored in a manner so as to be attractive,
dangerous, and accessible to children;
(3) An open pit, quarry, cistern, or other
excavation without safeguards or barriers to prevent such
places from being used by children; or
(4) An exposed foundation or portion of foundation,
any residue, debris or other building or structural remains
for more than 30 days after the destruction, demolition or
removal of any building or portion of the building.
b. This section shall not apply to authorized
construction projects with reasonable safeguards to prevent injury
or death to playing children.
6. Scattering Rubbish. No person shall deposit upon public
or private property any kind of rubbish, trash, debris, refuse, or
any substance that would mar the appearance, create a stench or
fire hazard, detract from the cleanliness or safety of the
property, or would be likely to injure a person, animal, or
vehicle traveling upon a public way.
Section 6. Nuisances Affecting the Public Peace.
1. Noise.
a. Definitions. For purposes of this section, the
following mean:
(1) Ambient Noise. The all-encompassing noise
associated with a given environment, being usually a
composite of sounds from many sources, near and far.
(2) Noise Sensitive Property. Zeal property on
which people normally sleep and, in addition, schools,
churches, hospitals and public libraries.
b. No person shall operate a motor vehicle in such a
manner or at such a location as to cause the noise created by the
vehicle to cause the ambient noise level specified in subsection
(d) of this section, as measured at a point located 25 feet from
t the noise-sensitive structure toward the noise source.
C. Except as may be expressly allowed pursuant to the
provisions of Section 8, no person shall cause or permit noise to
emanate from the property under his or her control so as to cause
the ambient noise level at the nearest noise-sensitive property to
exceed the levels set forth in subsection (d) of this section, as
measured at a point located 25 feet from the noise-sensitive
structure toward the noise source.
d. Allowable noise limits are as follows:
Time Maximum noise level, DBA
7 a.m. - 10 p.m. 60
10 p.m. - 7 a.m. 55
` e. The restrictions imposed by subsections (b) , (c)
And (d) of this section shall not apply to the following:
PP y 9=
(1) Emergency equipment not operating on a
{' regular or scheduled basis;
(2) Noise emanating from the Pacific Highway,
Highway I-217 and Highway I-5;
(3) Sounds originating on construction sites and
reasonably necessary to the accomplishment of work in progress;
provided, however, that no construction work may be carried
on between the hours of. 9 p.m. and 7 a.m. , except for bona
fide emergencies where the public health or safety is
threatened or when a special. permit, granted by the City
Council, has been first obtained. Any such special permit
may be granted by the City Council only after first having
held a hearing and having otherwise followed the administra-
tive procedures contained in Chapter 18.32 of this Code;
(4) Emergency repair equipment not operated on
a regular or scheduled basis; and
(5) Lawn, garden or household equipment associated
with the normal repair, upkeep or maintenance of property.
f. No person shall operate within the city limits of
the city of Tigard a motor vehicle exhaust-braking system, commonly
known as a "jake brake. " For the purposes of this subsection, the
exceptions set forth in subsection (e) of this section shall not
apply, and this section shall be read as an absolute prohibition
of the operation of such motor vehicle braking systems within the
city of Tigard.
g. No person shall cause or permit noise to emanate
from sound amplifying equipment under their control so as to cause
the ambient noise level to exceed 60 DBA at any distance 100 feet
4-g
or more from the source between the hours of 7 a.m, and 10 p.m.
and 55 DBA 100 feet from the source between the hours of 10 p.m.
and 7 a.m.
h. Penalty.
(1) Failure to abate the nuisance within the time
allowed for the abatement shall constitute a Class 1 Civil
Infraction which shall be processed according to the
procedures established in the Civil Infractions Ordinance,
Sections 1 through 11.
(2) Each violation of a separate provision of this
section shall constitute a separate infraction, and each day
that a violation of this section is committed or permitted
to continue shall constitute a separate violation.
(3) A finding of a violation of this section and
imposition of a civil penalty shall not relieve the respon-
sible party of the duty to abate the violation, except where
the City has acted to create the nuisance. In such a
situation, the responsible party shall be liable for the
costs.
(4) If a provision of this section is violated by
a firm or corporation, the officer or officers, or person or
persons responsible for the violation shall be subject to
the penalties imposed by this section.
Section 7 . RESERVED
Section 8 . Permits Required.
1. Permits Required for Certain Events Using Amplified
Sound.
a. The use of amplified voice and music at levels
� t
S
which would otherwise exceed those permissible under Section 6 (1)
may be allowed upon application to the city administrator.
Application for an amplified sound permit shall be made to the
city administrator on forms prepared by the City. The applicant
shall identify the date, location and time of the event for which
the permit is sought, and shall provide an estimate of the
duration of the event.
b. In the case of a series of similar events (for
example, a s�.ason's high school football games) to be conducted
at the same location, the city administrator may, in his discretion,
issue the permit in a form extending to cover the entire series.
In that event, the permit shall be subject to the administrator's
withdrawal at any time.
C. The city administrator shall grant a permit in any
instance in which the event and its accompanying noise will not,
in his judgment, interfere unreasonably with the peace of those
likely to be affected by the noise. In making this judgment, he
shall take into account the nature of the surrounding properties
and the benefit to the community of the event for which the
application is made.
d. The city administrator may submit any question
arising with respect to this section to the city council, and if
any member of the city council requests its submission to the
council, any such question shall be heard by the council. In
either event, the decision of the city council shall be final.
e. No permit authorized by this section shall give
the applicant the right to cause or permit sound to emanate from
r '
the property on which the event is held so as to cause the ambient
noise level at the nearest noise-sensitive property to exceed
55 DBA after the hour of 11:00 p.m.
Section 9. Penalty. Except as otherwise provided in this
_ chapter
1. A violation of this c .apter shall constitute a Class 2
Civil Infraction which shall be processed according to the
procedures established in the Civil Infractions Ordinance, Sections
1 through 11. Notice to abate the nuisance shall be a prior
contact.
2. Each violation of a separate provision of this chapter
shall constitute a separate infraction, and each day that a
violation of this chapter is committed or permitted to continue
shall constitute a separate infraction.
3. A finding of a violation of this chapter shall not
relieve the responsible party of the duty to abate the violation.
The penalties imposed by this section are in addition to and not
in lieu of any remedies available to the City.
4. If a provision of this chapter is violated by a firm or
corporation, the officer or officers, or person or persons
responsible for the violation shall be subject to the penalties
imposed by this chapter.
f
E;CHIBIT "D" DRAFT A'O.
DA TE.-
CHAPTER
F:CHAPTER 7.42
NUISANCE ABATEMENT PROCEDURES
Section l: Title
Section 2: Purpose
Section 3: Definitions
Section 4 : Abatement Procedures
A. Reporting
B. Review of Facts; Sufficiency of Evidence
C. Notice
Section 5 : Abatement by a Person Responsible
Section 6. Abatement by the City
Section 7 : Assessment of Costs and Entry of Lien
Section 8 : Abatement: Joint Responsibility
Section 9 : Abatement: Noxious Vegetation
Section 10: Other Methods of Collections of Costs
Repeal 7.40. 060
C
NUISANCE ABATEMENT PROCEDURES
Section 1. Title. This ordinance shall be known as the
"Nuisance Abatement Procedures" and may also be referred to herein
as "this chapter. "
Section 2. Purpose. The purpose of this chapter is to
establish procedures for the abatement of a nuisance, including
nuisance abatement procedures and summary nuisance abatement
procedures.
Section 3. Definitions. For the purpose of Sections 1
through 10 of this chapter, the following terms shall mean:
1.. Code enforcement officer. The designee or designees
appointed by the Director of Community Development.
2. Responsible party. The person responsible for curing
or remedying a nuisance, which includes:
a. The owner of the property or the owner' s manager
or agent or other person in control of the property on behalf of
the owner;
b. The person occupying the property including bailee,
lessee, tenant or other person having possession;
C. The person who is alleged to have committed the
acts or omissions, created or allowed the condition to exist or
placed or allowed the object to exist on the property.
Section 4. Abatement Procedures .
1. Reporting. All reports or complaints of nuisances
covered by this chapter shall be made to the code enforcement
officer.
2. Review of Facts; Sufficiency of Evidence.
a. When a nuisance is reported to the code enforcement
:n
officer, the code enforcement officer shall prepare a statement of
the facts and shall review the facts and circumstances surrounding
the alleged nuisance against the Code provisions which apply to
the alleged violation.
b. The code enforcement officer shall not proceed
further with the matter upon a determination that sufficient
evidence does not exist to support the allegation that a nuisance
exists or that it is not in the best interests of the City.
3. Notice.
a. Except as otherwise provided by this Code, the code
enforcement officer shall post a notice on the premises or at the
site of the nuisance directing the responsible person to abate the
nuisance when the code enforcement officer determines there is a
code violation.
b. At the time of posting, the code enforcement officer
shall cause a copy of the notice to be forwarded by registered or
certified mail to the person responsible at the person' s last-
known address. If the person responsible is not the owner, an
additional notice shall be sent by registered or certified mail to
the owner, stating that all or part of the abatement costs not
paid by the person responsible will be assessed to and become a
lien on the property. The code enforcement officer may elect to
have the notice served on the responsible party or owner rather
than mailing the notice.
C. The notice to abate shall contain:
(1) A description of the real property by street
address or otherwise on which the nuisance exists;
�4
(2) A direction to abate the nuisance within ten
days from the date of the notice;
(3) A description of the nuisance and a reference
to the ordinance or Code section number involved;
(4) A statement that, unless the nuisance is
removed, the CitY may abate the nuisance and the cost of
abatement shall be charged to the person responsible or
assessed against the property, or both;
(5) A statement that the person responsible may
protest the order to abate by giving notice to the code
enforcement officer within ten days from the date of the
notice;
(6) A statement that failure to abate a nuisance
may result in an abatement proceeding or the issuance of a
(
civil infraction citation.
d. on comAletion of the posting and mailing, the
persons posting and mailing shall execute and file affidavits
stating the date and place of the mailing and posting.
e. An error in the notice mailed shall not make the
notice void and, in such a case, the posted notice shall be
sufficient.
Section 5, Aba_-moment By A Person Responsible,
"f•
1. Within ten days after the posting and mailing of the
notice, a person responsible shall remove the nuisance or show
that no nuisance exists.
2. A Person responsible protesting that no nuisance exists
shall file with the code enforcement officer a written statement
specifying the basis for protesting. The failure to file a }
written statement waives any objection that the person may have to
the finding that a nuisance exists or to the abatement of the
nuisance by the City.
3. The statement shall be referred to the Council as a part
of the Council' s regular agenda at its next succeeding meeting.
It shall not be considered to be a public hearing and no notice
shall be given to surrounding property owners. Testimony shall be
limited to the code enforcement officer and the protestor. At the
time set for consideration of the abatement, the person protesting
may appear and be heard by the Council. The Council ' s determination
shall be final. The Council, after hearing the matter, may
determine that no nuisance exists, determine that a nuisance
exists and order its abatement, impose conditions on the person
responsible, or delay the time for abatement of the nuisance. A
Council determination shall be required only in those cases where
a written statement has been filed as provided.
4. A person responsible shall abate the nuisance within ten
days after the Council' s determination that a nuisance does in
fact exist, unless the Council has delayed the time pursuant to
subsection 3.
Section 6. Abatement by the City
1. The Council may cause the nuisance to be abated if the
nuisance has not been abated by a person responsible within the
time allowed.
2. The code enforcement officer shall have the right at
reasonable times to enter into or upon property in accordance with
law to investigate or cause the removal of a nuisance.
3. The finance director shall keep an accurate record of
the costs incurred by the City in physically abating the nuisance.
Section 7. Assessment of Costs and Entry of Lien.
1. The finance director, by registered or certified mail ,
postage prepaid, shall forward to the owner and the person
responsible a notice stating:
a. The total cost of abatement including the admini-
strative overhead;
b. The cost as indicated will be assessed to and
become a lien against the property unless paid within 30 days from
the date of the notice; and
C. A written notice of objection may be filed with
the city recorder not more than ten days from the date of the
notice if the person responsible objects to the cost of the
abatement as indicated.
2. On the expiration of ten days after the date of the
notice, the Council, in the regular course of business, shall hear
any timely objection and determine the the costs to be assessed.
The Council' s determination shall be by written order.
3. An assessment of the costs as determined by the Council' s
written order shall be entered in the City lien docket and shall
constitute a lien on the property from which the nuisance was
removed or abated if the costs of the abatement are not paid
within 30 days from the date of the• iotice.
4. The lien shall be enforced in the same manner as liens
for street improvements, and shall bear interest at the rate
established by Council resolution at the legal rate of interest
C
established by Oregon Revised Statutes at the time the resolution
is passed. The interest shall begin to run from the date of the
entry of the lien in the lien docket.
5. The City may include in one foreclosure proceeding as
many accounts as the City may have against separate properties
for abating nuisances pursuant to this chapter, and may proceed
to assess and collect single lot assessments against each of them
in a single proceeding.
6. An error in the name of the person responsble shall not
void the assessment, nor will a failure to receive the notice of
the proposed assessment render the assessment void, but it shall
remain a valid lien against the property.
Section 8. Abatement: Joint Res onsibilit .
If more than
one person is responsible, they shall be jointly and severally
liable for abating the nuisance and for the costs incurred by the
City in abating the nuisance.
Section 9. Abatement: Noxious Ve etation. Whenever procedures
are instituted to abate a nuisance defined under the Nuisance
Ordinance, Section 5 (1) , the required mailings of notice may be
performed by use of ordinary mail. The notice may be supplemented
with a statement that the City, for a given fee, will cut the
noxious vegetation at the written request of the person responsible.
Section 10. Other Methods of Collection of -
Costs. The costs
assessed for abatement of a nuisance may be collected pursuant to
state law.
,a. s
EXHIBIT "E" FT NO.
s ZONING VIOLATION PENALTIES
18.24.030 Penalty
a. A violation of this title shall constitute a Class l
Civil Infraction which shall be processed according to the
procedures established in the Civil Infractions Ordinance, Sections
1 through 11.
b. Each violation of a separate provision of this title
shall constitute a separate infraction, and each day that a
violation of this title is committed or permitted to continue
shall constitute a separate infraction.
C. A finding of a violation of this title shall not relieve
the responsible party of the duty to abate the violation. The
penalties imposed by this section are in addition to and not in
lieu of any remedies available to the City.
d. If a provision of this title is violated by a firm or
corporation, the officer or officers, or person or persons
responsible for the violation shall be subject to the penalties
imposed by this section.
MEMORANDUM
CITY OF TIGARD, OREGON
T'0: City Council September 17, 1985
FROM: Elizabeth A. Newton, Senior Planner 9
SUBJECT: Larry Scoville Temporary Use
On August 26, 1985, the Tigard City Council voted to continue the public
hearing on Larry Scoville's Temporary Use application request. Attached is a
copy of the information and staff recommendation as submitted to you in your
August 26, 1985 Council Packet.
(EAN:br/1875P)
'y
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: August 26, 1985 AGENDA I I EM #: __,____„
DATE SUBMITTED: August 5, 1985 PREVIOUS ACTION: none
ISSUE/AGENDA TITLE: Larry Scoville _
TU 5a-85 PREPARED BY: Elizabeth Ann Newton
REQUESTED BY: Larry Scoville
DEPARTMENT HEAD OK: Lydn __ CITY ADMINISTRATOR:
POLICY ISSUE
INFORMATION SUMMARY
Mr. Larry Scoville has filed an application for a Temporary Use Permit for one
year to operate a car sales lot at 12885 SW Pacific Hwy. Concurrently, Mr.
Scoville applied for approval for two months from the Planning Director. The
Director approved the request for a two--month period from August 5, 1985 to
October 5, 1985. A copy of the Director's approval is attached. Also
attached is a memo from the Planning Staff outlining the Temporary Use
approval criteria and copies of the information submitted by the applicant.
ALTERNATIVES CONSIDERED
1. Review the standards for approval of Temporary Use permits and approve the
applicant's request.
2. Review the standards for approval of Temporary Use permits and deny the
applicant's request.
SUGGESTED ACTION
Approve the applicant's request for a Temporary Use Permit for one year with
conditions as outlined by staff.
(EAN:pm/1696P)
MEMORANDUM
( C TY OF TLGARD, OREGON
TO: City Council August 6, 1985
FROM: Planning Staff
SUBJECT: Larry Scoville TU 5a-85
Mr. Larry Scoville has requested a Temporary Use Permit for one year to allow
car sales on a temporary basis in a General Commercial zone. The property is
located at 12885 SW Pacific Hwy. According to the information submitted by
the applicant, approximately 4 to 8 vehicles (all 1980 and newer) will be
displayed on the site. The only signs on the site will be on the individual
vehicles. There will be no attendant on the property.
Under the provisions of Chapter 18.140, the Council may approve a Temporary
Use permit subject to the following:
(1) Approval of the request shall be for a period not to exceed one year
from the date of final approval;
(2) The Council makes findings that all of the applicable approval criteria
have been satisfied or can be satisfied through conditions of approval;
(3) Notice shall be given as provided by 18.32.130; and
(4) The approval may be subject to one renewal.
The applicant is requesting approval for one year. Notice was given as
provided by Section 18.32.130. The applicable approval criteria is as follows:
(1) Approval or approval with conditions shall be based on findings that all
of the following criteria are satisfied:
(A) The temporary use is limited in duration by the purposes for which
the permit is sought, such as parade stands, circus, fairs, or
other exhibitions, sales of goods, wares, merchandise, produce, or t
Christmas trees, and other similar temporary needs; t
(8) There exists adequate and safe ingress and egress when combined
with the other uses of the property as required by 18.108 Access
and 18.102 Clear Vision.
(C) There exists adequate parking for the customers of the temporary
use as required by 18.106 Off—Street Parking.
(D) The use will pose no hazard to pedestrians in the area of they use;
and
(E) The use will not create adverse offsite impacts including noise,
odor's, vibrations, glare or lights which will affect the
adjoining uses in the manner which other uses allowed outright in
the zone would not affect the adjoining uses.
The Temporary Use will be limited to one year and will involve the exhibition
and sale of merchandise. There will be no access to the site from Pacific
Highway. Access to the site will be from the adjoining Chevron Station
property. In addition, the management of the Chevron Station has granted
permission for customers of the car lot to park in designated spaces on the
Chevron lot. The applicant's use as proposed does not pose any hazards to
pedestrians. The use will not create adverse offsite impacts including noise,
odor's, vibrations or lights.
If the City Council approves the applicant's request, staff requests that the
following conditions be attached to the approval:
(1) The permit shall be valid until August.W, 1986.
(2) The applicant shall obtain a City of Tigard Business Tax.
(3) All areas to be used for parking of display vehicles shall be gravel.
(4) Any signs used to indicate parking and no parking areas or to indicate
the identification and location of the business shall be approved
` through the Building Department.
(EAN:pm/1696P)
i
�i
CI1Y OF 1IGARD
NOTICE OF DECISION
TEMPORARY USE. TU 5b 86
APPLICATION: A request by Larry Scoville for approval of a temporary use to
allow operation of a used car sales lot from August 5, 1985, to October 5,
1985, at 12885 SW Pacific Highway, Tigard (Washington County Tax Map 2S1 280
Tax Lot 2000). The property is zoned C-G.
DECISION: Notice is hereby given that the Planning Director for the City of
Tigard has APPROVED the above 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 other applications have been processed on this property.
2. Vicinity Information
General retail commercial uses abut the property on the north,
west, east, and across Pacific Highway to the south.
�- 3. Site Information and Proposal Description
The applicant wishes to establish a lot for the sale of used
cars. The applicant has concurrently applied for Temporary Use
approval for one year from City Council. Access to the lot is
available from the Chevron station on the corner of Pacific
Highway and Walnut. In addition, parking will be available on the
Chevron lot. The applicant has agreed to gravel the portion of
the lot where cars will be parked.
4. Agency and NPO Comments
Commenting agencies have no objections to the proposal.
B. ANALYSIS AND CONCLUSION
- The proposed activity is consistent with the approval criteria set forth
in Section 18.114.050 C. of the Code. The use will be temporary; safe
access and adequate parking is available; no hazards to pedestrians are
apparent; and no adverse off-site impacts are anticipated.
NOTICE OF DECISION - TU 5b--85 PAGE 1
t; DECISION
Temporary Use Permit lU 5h-85 is approved subject to the fo]lnwing
conditions:
1. This permit is valid until October 5, 1985.
2. A City of Tigard Business Tax permit shall be obtained by the
applicant.
3. All areas to be used for parking of vehicles on the site shall be
gravel.
4. Any signs used will need to be approved through the Building
Department.
0. PROCEDURE
1. Notice: Notice was published in the newspaper, posted at City
Hall and mailed to:
XX The applicant 6 owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
2. Final Decision:
THE DECISION SHALL. BE FINAL ON Auaust 5, 1985 UNLESS AN APPEAL
IS FILED.
3. Appeal:
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.
The deadline for filing of an appeal is 4:30 P.M. Auqust 5., 1985.
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.
7/26/85
William A. Monahan, Director of Community Development DATE APPROVED
_(KSL:dmj/1666P)
5b--85 PAGE T_
NOTICE "OF DECISION - TU
-,COLUMBIA WHOLESALE
21444 S.W. 90TH CT. TYALATIM, OR 97062 1503) 692-4119
a ar-Tr-^, a+�a.�MT,� -•a
iA
M �..
-, - PURP03B t
30 dispZe%T approximately 4 to 8 vehicles (all x.980
-and newer) `!or the purpose o! 'ealea. All sighs will
be on iach*ehiele and there will be no attendent
on the property.
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CITYOFTIFARD
WASHR TION COUNTY,OREGON
September 9, 1985
Tarry Scoville
21444 S.W. 90th Court
Tualatin, OR 97062
Dear Mr. Scoville:
The Public Hearing on your Temporary Use request was opened on September 4,
and at your request, was continued until September 23rd, 1985. The meeting
will be held at Fowler Junior High, 10865 SW Walnut, Tigard, Oregon at 7:30 p.m.
You may receive further information as to time the continued hearing is set if
you wish by calling in to City Hall on Thursday or Friday before the 23rd.
I hope this notice is sufficient to make your plans.
Sincerely ,
Af4t*t-4-
Donna
Corbet
Executive Secretary /
cc: Loreen Wilson, Deputy City Recorder ✓
12765 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171
cd 9fa3�gs
COLUMBIA WHOLES&LE
21444 S.W. 90TH CT. TUALATIN, OR 97062 (503) 692-4119
September 23, 2985
To Whom Zt May Concern:
As per Temporary Use Permit TV5b - 85 enclosed are the following:
A. Copy of Business Tax Receipt
B. Copies of Gravel Receipt
(See enclosed picture)
The following has been done in addition to the above:
A. Survey completed in order to install a fence on uphill
side at future date.
B. All seeds have been sprayed once to no avail and will
be sprayed again and additional gravel applied.
C. Front sidewalk has been rid of weeds and swept.
Our intent is strictly to display late model autos for inspection
and sale. No one will be on the premises on a full time basis.
Ile intend to keep the area neat and clean at all times and the
congestion to a minimum.
youW- co
,awrence ille
IN,, f�.
•g•
" lq TICKETG�t�7 t
" NUMBER F �
®" C �4VEL ANG.
e TONOUIN AND STAFFORD QUARRIES
~� `z 0.01 BOX 413 +'TUALATIN.PRE ON 97082 :
PHONE 692-1$00 .
TICKET NO.: 42497
MISC. ..C.0 D. CUSTOMER Y
x DATE: 08/X2185 `
SOLD TOZY, TIME: 11:45:09
ORDER NO.''
.LOB NO.: 98330 ,
toa SOQY ILL E' LARRY
TRUCK NO.: 215 f
o�Liv>:Rro�SH. WAi:1tT= LOAD TIME: 0005:00 (AV)
r N 7.25 74.53
4 240 'zz _00 . ,207 0. 13.3? 10.2 3/�3 O j
r _ It If C.O.D.
+1 It
ytf MAKE CELlYERIES 1Nil0E THE CURB WNE AND ON THE LOT
AT CUSTOMER'S RISK ONLY AND ACCEPT NO RESPONSIIII WHATSOEVER FOR OAMAOES
REWRTINO fRQM gypN DEi1YER1E5<ALi CLAIMSFOR. lORTAOE3 11 NjUST SE MADE IN WRMNGWITHIN S DAYS FROM DATE OF DELIVERY.FREE UNLOADING Y
aIGIf O!°!Q 1AINttTt?S FORA SINGLE T!'tUCr AND ZO MINUTES FOR A TRUCK AND TRAILER!3 ALLOWED.EXCESS TIME WILL BE CHAROEOAT EXgTIlt1G RAYEB y
- CUSTOMER
c
5
'4
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�k
7—mr 17
—
TiGARQ IR 1N0ICE
SAND. &' GRAVEL CO., INC.
8357�
NO.
P.0,13=4f3 TUALATIN,OREGON 97062
DATE 06/15/85
_PHONE 692-ISM
CRUSHED ROCK - FILL MATERIALS - SAND
JOB NO. 9$'30 ORD
r 40098 -� ER N0.
MISC. C.O.D. 'CUSTOMER SCOVILLE, LARRY
SW WALNUT
CHEVRON STATION
a
TERMSa No Dismount-Not 10th Prox.
TQ=TONQUIN QUARRY 21455 S.W.120th Ave.
SQ=STAFFORq QUARR{�,Gage ROad
y DATE PRODUCT QUANTITY QUANTITYmiry
CUBIC YARDS TONS SOURCE w csm UNIT PRICE -TOTAL
06/12185 3/4" --0 11.00 14.30 TO x 7.25 79.75
TOTAL---
$79.75
4
Yll
t
WR
- CUSTOMER'S COPY
0
57
{ BUSINESS TAX RECEIPT o. 7 510
12755 S.W.ASH AVE.
-P.0 -BoX 23397
`.TIGARO,OR 97223 SCHEDULE: D _
EXPIRATION DATE: 3/31186
����
ANNUAL FEE: $40.00
-TYPE OF
l USINESS: fholasale—RutO Broker- BUSINESS PHONE: 692-4119
NAME: COLUMBIAWHOLESALE OWNER'S NAME: Lawrence Scoville
ADDRESS: 12865 SW Pacific Highway OWNER'S ADDRESS: 21444 SW 90th Court
Tfgard, OR 97223 Of different from businm)rualatin, OR 97062
'CHI$AECEtf T MUST BE POSTED 1N A Ct1NOPICUOUS PLACE AT THE BUSINESS ADDRESS. NOT TRANSFERABLE.
a
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 23, 1985 AGENDA ITEM #:
DATE SUBMITTED: September 18, 1985 PREVIOUS ACTION: 8/19/85 Council Set
ISSUE/AGENDA TITLE: Public Hearing Date For Public Hearing A
Street Vacation Located At Tigard PREPARED BY: Loreen Wilson
Street (near SW Grant) REQUESTED BY: Randy Clarno
DEPARTMENT HEAD OK: 0140 CITY ADMINISTRATOR:
POLICY ISSUE
Council initiated Street Vacation request - consistent with Council policy as
adopted by Resolution No. 85-30.
INFORMATION SUMMARY
On 8-19-85 Council passed Resolution No. 85-61 to call for public hearing on
Council initiated request to be held at 7:30 PM on 9/23/85. Engineering staff
requested a Council initiated vacation to return 10 feet of property to Mr.
Gregory Mull which was dedicated in error. Planning Commission recommended
approval. Engineering Division has also recommended approval without
conditions. The hearing was published in the Tigard Times according to City
and State requirements and all abutting and affected property owners have been
notified by mail.
ALTERNATIVES CONSIDERED
1. Approve street vacation request, as shown, by ordinance, to be
hand-carried on 9/23/85, to be adopted on 9/30/85.
2. Approve street vacation request, with amendments, by ordinance and direct
staff to prepare.
3. Request staff to prepare resolution denying proposed vacation based on
objections and remonstrances received during the public hearing.
SUGGESTED ACTION
Staff recommends alternate #1. Motion should be: "Move to approve street
vacation request as presented and request ordinance be scheduled for adoption
at Council meeting of 9/30/85".
lw/3214A
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MEMORANDUM
CITY OF TIGARD, OREGON
TO: Tigard City Council September 19, 1985
FROM: Keith Liden, Senior Planner --
SUBJECT: Proposed Street Vacation
On September 10, 1985, the Planning Commission reviewed the proposed street
vacations on Tigard street, Walnut Place, 74th Avenue, 122nd Avenue, Clinton
Street, and 67th Avenue. The Commission recommends approval of the vacation
requests provided that legal access is retained for all properties involved.
(KL:br/1881P)
a
September 18, 1985
PUBLIC WORKS DIRECTOR'S REPORT ON PROPOSED VACATION OF A PORTION OF SW TIGARD
STREET JUST NORTHWEST OF SW GRANT AVENUE.
The Engineering Division recommends the vacation known as "SW Tigard Street"
just northwest of SW Grant Street be approved without condition.
This recommendation is based on findings that (a) there is no effect on
traffic, pedestrian or bicycle circulation. No response was received from
fire or police relative to response time. Drainage in the area can be
adequately provided for without use of the portion of the subject street. No
response was received from any utility company relative to existing or
proposed facilities; (b) the proposed vacation is not contrary to the
transportation element of the Comprehensive Plan; and (c) is not contrary to
the Capital Improvements. Plan.
(RC:pm/3224A)
w......n.:_.. ,w�`m, ..xa m: ., �-.-.,_ ... ,. .^tee,..-....,,,,, .__ .:_ .,. ._ ,r a. :..•mak�.a�..;�m4
1., „6b ,off nps shah'*,;
CITY OF TIGARD, OREGON
ORDINAN( _ NO. 85-
A 10 WIDE FOOT PORTION OF SW TIGARD STREET NEAR GRANT
AN ORDINANCE VACATING
AVENUE AND DECLARING AN EFFECTI
WHEREAS, the Tigard City Council initiated this vacation request pursuant to
Section 25.08.040 of the Tigae-d Municipal Code; and
n this parcel
WHEREAS, the reason and purpose oh vacation
amore landwasdedicated for
along SW Tigard Street to the propert y owner
right--of-way purposes than was necessary; and
WHEREAS, the vacation is recommended by the Planning Commission and the City
Engineer; and
WHEREAS, in accordance with ORS 271-100,
and
Council fixed a time and place for public M heari g Section and 5 the 2Recorder
published notice and posted notice in the area to be vacated; and
WHEREAS, notice has been mailed to all property owners abutting said vacation
affected area, as described in ORS 271.080; and
area and all owners in the
WHEREAS, the Council, having held a hearing on September 23, 1985, finds no
objections were made or filed hereto as provided by ORS 271.120 and TMC
Section 15.09.130; and
( WHEREAS, the Council finds that it is in the public interest to approve the
request to vacate a 10 foot wide parcel of land on SW Tigard Streetnear n Grant
g or
Avenue because no objections or remonstrances were filed by
affected property owners or by utility providers and other interested parties;
and
WHEREAS, the Council finds that the following condition is necessary to vacate
said land: This vacation shall not be effective until the effective date of
this ordinance and it shall be not
tthe effective Washir►yhis
ton until County certified
assessorand
ordinance has been recorded with
surveyor.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Tigard City Council hereby orders the vacation of that portion
of SW Tigard Street as described on the attached Exhibit "A" and shown on the
attached Exhibit "B", and by this reference made parts hereof.
ORDINANCE NO. 85-
Page 2
Section 2: The Tigard City Council further orders that the vacation be
subject to the following condition:
t This vacation shall not be effective until the effective date of
this ordinance and it shall not be effective until a certified copy
of this ordinance has been recorded with the Washington County
Clerk, Assessor and Surveyor.
Section 3: In no situation shall this ordinance be effective until the 31st
day after its enactment by the City Council and approval by the Mayor.
PASSED: By vote of all Council members present after
being read by number and title only, this day
of 1985.
Deputy City Recorder — City of Tigard
APPROVED: This day of 1985•
Mayor — City of Tigard
ORDINANCE NO. 85-
Page 2
1w0321461
"MULL" STREET VACATION
EXHIBIT "A"
A portion of that certain tract of land located in Lot 60 in the Amended Plat
of North Tigardville Addition, a plat of record, in the Northwest Quarter of
Section 2, Township 2 South, Range 1 West, Willamette Meridian, Washington
County, Oregon conveyed to Gregory S. Mull and George E. Mull by a deed
recorded as Document No. 83-015320 in the Deed Records of said County, said
portion being more particularly described as follows:
Beginning at a point on the east line of said Mull tract that bears South
16000'00" West 10.03 feet from the northeast corner thereof, thence on said
east line South 16000'00" West 10.00 feet to a point that is 20.00 feet
distant, when measured at right angles, from the South line of SW Tigard
Street (County Road NO. 767), thence parallel with said South line North
64049'00" West 61.69 feet to the West line of said Mull tract, thence on said
West line North 20046'00" East 10.03, thence parallel with the South line of
said Tigard Street South 64049'00" East 60.85 feet to the place of beginning.
(RSC:pm/1584P)
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 23, 1985 AGENDA ITEM #:
DATE SUBMITTED: September 18, 1985 PREVIOUS ACTION: 8/19/85 Council Set
ISSUE/AGENDA TITLE: Public Hearing Date For Public Hearin
Street Vacation Located At Walnut PREPARED BY: Loreen Wilson
Place (At 99W) REQUESTED BY: Bob Hudson/Tovin Co.
DEPARTMENT HEAD OK: T1✓ _ CITY ADMINISTRATOR:
a� POLICY ISSUE
Council initiated Street Vacation request - consistent with Council policy as
adopted by Resolution No. 85-30.
INFORMATION SUMMARY
On 8--19-85 Council passed Resolution No. 85-52 to call for public hearing on
Council initiated request to be held at 7:30 PM on 9/23/85. Staff requested a
Council initiated vacation to vacate right-of-way located on the corner of
Walnut Place and 99W. Right-of-way division will be determined by Washington
County. Planning Commission recommended approval. Engineering Division has
also recommended approval with two conditions as set out below. The hearing
was published in the Tigard Times according to City and State requirements and
all abutting and affected property owners have been notified by mail. All
fees have been paid in full.
Condition 1: Access be prohibited on the west side of SW Walnut Place the
entire length of the vacated area.
Condition 2: A public utility easement be retained over the complete area
proposed for vacation.
ALTERNATIVES CONSIDERED
1. Approve street vacation request, as shown, by ordinance, to be
hand-carried on 9/23195, to be adopted on 9/30/85.
2. Approve street vacation request, with amendments, by ordinance and direct
staff to prepare.
3. Request staff to prepare resolution denying proposed vacation based on
objections and remonstrances received during the public hearing.
SUGGESTED ACTION
Staff recommends alternate #1. Motion should be: "Move to approve street
vacation request as presented and request ordinance be scheduled for adoption
at Council meeting of 9/30/85".
lw/3214A
SyD/"HUDSON" STREET VACATION
GENIri
Abutting Jvncr:.
Affected area boundary Affected Owners
Hash. Co. Tax liap ..
boundaries
thst.
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isle /BOO 601 -dI
ras•ss't M042 >O
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S.W. Pacific Highway8
vacation area sn -
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MEMORANDUM
' CITY OF TTGARD, OREGON
TO: Tigard City Council September 19, 1985
FROM Keith Liden, Senior Planner
SUBJECT: Proposed Street Vacation
On September 10, 1985, the Planning Commissionreviewed the proposed street
vacations on Tigard street, ,Walnut Place, °74th Avenue, 122nd Avenue, Clinton
Street, and 67th Avenue. The Commission recommends approval of the vacation
requests provided that legal access is retained for all properties involved.
(KL:br/1881P)
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September 18, 1985
PUBIC WORKS DIRECTOR'S REPORT ON PROPOSED VACATION OF A PORTION OF SW WALNUT
PLACE JUST SOUTH OF SW PACIFIC HIGHWAY.
The Engineering Division recommends the vacation known as SW Walnut Place just
south of Pacific Highway be approved with certain conditions.
This recommendation is based on findirrIs that (a) there is no effect on
pedestrian or bicycle circulation, however the State Highway Department has
requested that access be prohibited on the west side of SW Walnut Place the
entire length or this vacation. The Engineering Division agrees with this
condition as it will have a positive inpact on traffic circulation when the
property to the west if fully developed. No response was received from fire
or police relative to response time and drainage in the area can be adequately
provided for without use of the subject right-of-way. Responses were received
from three utility companies relative to existing facilities within the
proposed vacation. The location of these facilities is such that the
Engineering Division recommends a public utility easement be retained over the
complete area proposed for vacation; (b) the proposed vacation is not contrary
to th.; transportation element of the Comprehensive Plan; and (c) is not
contrary to the Capital Improvements Plan.
(RC:pml3224A)
CITY OF TIGARD, OREGON
f - ORDINANCE NO. 85-
AN ORDINANCE VACATING A PORTION OF SW WALNUT PLACE NEAR PACIFIC HIGHWAY AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Tigard City Council initiated this vacation request pursuant to
Section 15.08.040 of the Tigard Municipal Code; and
WHEREAS, the reason and purpose for this vacation is to return this parcel
along SW Walnut Place near Pacific Highway to the property owners to
facilitate future development possibilities; and
WHEREAS, the vacation is recommended by the Planning Commission and the City
Engineer; and
WHEREAS, in accordance with ORS 271.100, and TMC Section 15.08.110, the
Council fixed a time and place for the public hearing and the Recorder
published notice and posted notice in the area to be vacated; and
WHEREAS, notice has been mailed to all property owners abutting said vacation
area and all owners in the affected area, as described in ORS 271.080; and
WHEREAS, the Council, having held a hearing on September 23, 1985, finds the
public interest will not be prejudiced by the vacation as provided by ORS
i- 271.120 and TMC Section 1.5.08.130; and
WHEREAS, the Council finds that it is in the public interest to approve the
request to vacate a parcel of land on SW Walnut Place near Pacific Highway
because the public interest will not be prejudiced for vacation of
transportation right-of-way; and
WHEREAS, the Council finds that the following conditions are necessary to
vacate said land:
o Access be prohibited on the west side of SW Walnut Place the entire
length of the vacated area.
o The Street Vacation should be granted for transportation
right-of-way purposes, however, a public easement for utility
purposes *hall be retained over the entire area.
o This vacation for transportation right-of-way purposes shall not be
effective until the effective date of this ordinance and it shall be
not effective until a. certified copy of this ordinance has been
recorded with the Washington County clerk, assessor and surveyor.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 11: The Tigard City Council hereby orders the vacation for
transportation right-of-way purposes of that portion of SW Walnut Place near
Pacific Highway as described on the attached Exhibit "A" and shown on the
attached Exhibit "9", and by this reference made parts hereof.
ORDINANCE NO. 85-
Page 1
Section 2: The T:9ard City Council further orders that the transportation
right-of-way vacation be subject to the following conditions:
o Access be prohibited on the west side of SW Walnut Place the entire
length of the vacated area.
o The Street Vacation should be granted for transportation
right-of--way purposes, however, a public easement for utility
purposes shall be retained over the entire area.
O This vacation for transportation right-of-way purposes shall not be
effective until the effective date of this ordinance and it shall be
not effective until a certified copy of this ordinance has been
recorded with the Washington County clerk, assessor and surveyor.
Section 3: In no situation shall this ordinance be effective until the 31st
day after its enactment by the City Council and approval by the Mayor.
PASSED: By vote of all Council members present after
being read by number and title only, this day
of 1985.
Deputy City Recorder - City of Tigard
t
APPROVED: This day of 1985.
Mayor - City of Tigard -
ORDINANCE INIO. 85-
Page 2
lwl3214A
Peterson Land Surveying
2724 S.E. Sunflower Ct.
t~ Hillsboro, Oregon 97123
(503) 64841959 - Off. • 648-3820 Res.
PROPERTY DESCRIPTION: (PORTION) S.W. WALNUT PLACE
FOR:CITY OF TIGARD DATE:JULY 8, 1985
LOCATION:WALNUT & PACIFIC HWY. JOB NUMBER:8506021
FOR IDENTIFICATION PURPOSES ONLY STREET VACATION
FOR USE ON LEGAL INSTRUMENT
A PORTION OF THAT CERTAIN TRACT OF LAND INa,FREWING TRACTS
SUBDIVISION" , A PLAT OF RECORD IN SECTION2, TOWNSHIP 2
SOUTH, RANGE 1 WEST, W.M. , WASHINGTON COUNTY, OREGON,
DEDICATED TO THE PUBLIC IN THAT CERTAIN DEDICATION RECORDED
IN BOOK 529, PAGE 641, DEED RECORDS OF WASHINGTON COUNTY,
OREGON, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHWEST
RIGHT-OF-WAY OF THE DEDICATION MADE IN BOOK 529, PAGE 641,
SAID DEED RECORDS AND THE SOUTHWEST RIGHT-OF-WAY LINE OF THE
DEDICATION MADE IN DOCUMENT # 78-45491, SAID DEED RECORDS,
WHICH POINT BEARS NORTH 45`50'00" EAST 119.50 FEET AND NORTH
43'50'00" WEST 55.64 FEET FROM THE SOUTHWEST CORNER OF LOT
"C" , SAID SUBDIVISION, AND RUNNING THENCE ALONG THE
SOUTHWEST RIGHT-OF-WAX LINE OF THE DEDICATION MADE IN
DOCUMENT # 78-45491, 92.63 FEET ALONG A 99.83 FOOT RADIUS
CURVE TO THE RIGHT (DELTA ANGLE = 53'09' 48" ) ; THENCE
CONTINUING ALONG SAID RIGHT-OF-WAY LINE, 46.68 FEET ALONG A
50 .00 FOOT RADIUS CURVE TO THE LEFT (DELTA ANGLE
53029' 48") TO THE INTERSECTION THE SOUTHEAST RIGHT-OF-WAY
LINE OF S.W. PACIFIC AVENUE; THENCE SOUTH 45'50'00" WEST,
ALONG SAID RIGHT-OF-WAY LINE, 60.00 FEET TO A POINT ON THE
SOUTHWEST RIGHT-OF-WAY LINE OF THAT CERTAIN DEDICATION MADE
IN SAID BOOK 529, PAGE 641 ; THENCE SOUTH 43' 50' 00" EAST
119.86 FEET TO THE POINT OF BEGINNING.
CONTAINING 3128 SQUARE FEET. REGISTERED
PROFESSIONAL
LAND�S/URVEYOR
dR■GOi�
Axy 11,ars
.lOHNN M. PETERSON
1856
Subdivisions- Boundaries •land Partitions •Construction Staking
PROPOSED "HUDSON" STREET VACATION
' LEGEND
` \a Abutting Ovrers
MEMOS Vm� Affected area boundary
Affected Owners
—•—•—.—.— Mash. Co. Tax Hap
boundaries v
rt � .i•C.1
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CITY OF TIGARD OREGON
- COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 23, 1985 AGENDA ITEM #: +
DATE SUBMITTED: September 18, 1985 PREVIOUS ACTION: 8/19/85 Council Set
ISSUE/AGENDA TITLE: Public Nearing Date For Public Hearin
Street Vacation Located At 74th Ave. PREPARED BY: Loreen Wilson
(Near Cherry) REQUESTED BY: Western Intn'l Prop.
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
POLICY ISSUE
Council initiated Street Vacation request - consistent with Council policy as
adopted by Resolution No. 85-30.
INFORMATION SUMMARY
On 8-19-85 Council passed Resolution No. 85-63 to call for public hearing on
Council initiated request to be held at 7:30 PM on 9/23/85. Staff requested a
Council initiated vacation to vacate righi-of--way located on SW 74th Avenue
near its intersection with SW Cherry. Right•-of-way division will be
determined by Washington County. Planning Commission recommended approval.
Engineering Division has also recommended approval with one condition as set
out below. The hearing was published in the Tigard Times according to City
and State requirements and all abutting and affected property owners have been
notified by mail. All fees have been paid in full.
Condition: A public storm and sanitary sewer easement be retained across the
northerly 20 feet of the proposed vacation area to accommodate the extension
of the facilities to serve the Rolling Hills area.
ALTERNATIVES CONSIDERED
1. Approve street vacation request, as shown, by ordinance, to be
hand-carried on 9/23/85, to be adopted on 9/30/85.
2. Approve street vacation request, with amendments, by ordinance and direct
staff to prepare.
3. Request staff to prepare resolution denying proposed vacation based on
objections and remonstrances received during the public hearing.
SUGGESTED ACTION
Staff recommends alternate 01. Motion should be: "Move to approve street
vacation request as presented and request ordinance be scheduled for adoption
at Council meeting of 9/30/85".
lw/3214A
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MEMORANDUM
i
CITY OF 'TIGARD, OREGON
TO: Tigard City Council September 19, 1985
FROM: Keith Liden. Senior Planner
SUBJECT: Proposed Street Vacation
On September 10, 1985, the Planning Commission reviewed the proposed street
vacations on Tigard street, Walnut Place, 74th Avenue, 122nd Avenue, Clinton
Street, and 67th Avenue. The Commission recommends approval of the vacation
requests provided that legal access is retained for all properties involved.
(KL:br/1881P)
September 18, 1985
PUBLIC WORKS DIRECTORS REPORT ON PROPOSED VACATION OF A PORTION OF SW 74TH
AVENUE JUST SOUTH OF SW CHERRY DRIVE.
The Engineering Division recommends the vacation known as "SW 74th Avenue"
just south of SW Cherry Drive be approved with certain conditions.
This recommendation is based on findings that (a) there is no effect on
traffic, pedestrian or bicycle circulation, in that said SW 74th Avenue is
undeveloped at the present time, and is not a part of any plan for future
transportation needs. No response was received from fire or police relative
to response time. Drainage in the area can be adequately provided for without
use of the subject right—of-way, and no response was received from any utility
company relative to existing or proposed facilities; however Engineering
recommends that a public storm and sanitary sewer easement be retained across
the northerly 20 feet of the proposed vacation to accommodate the extension of
these facilities in serving the Rolling Hills area; (b) the proposed vacation
is not contrary to the transportation element of the Comprehensive Plan; and
(c) is not contrary to the Capital Improvements Plan.
(RC:pm/3224A)
CITY OF TIGARD, OREGON
ORDINANCE NO. 85-
AN ORDINANCE VACATING A PORTION OF SW 74TH AVENUE NEAR CHERRY DRIVE AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Tigard City Council initiated this vacation request pursuant to
Section 15.08.040 of the Tigard Municipal Code; and
WHEREAS, the reason and purpose for this vacation is to return this parcel
along SW 74th Avenue near Cherry Drive to Lhe adjacent property owner to
facilitate future development possibilities; and
WHEREAS, the vacation is recommended by the Planning Commission and the City
Engineer; and
WHEREAS, in accordance with ORS 271. 100, and TMC Section 15,08.110, the
Council fixed a time and place for the public hearing and the Recorder
published notice and posted notice in the area to be vacated; and
WHEREAS, notice has been mailed to all property owners abutting said vacation
area and all owners in the affected area, as described in ORS 271.080; and
WHEREAS, the Council, having held a hearing on September 23, 1985, finds the
public interest will not be prejudiced by the vacation as provided by ORS
271.120 and TMC Section 15.08.1.30; and
WHEREAS, the Council finds that it is in the public interest to approve the
request to vacate a parcel of land on SW 74th Avenue near Cherry Drive because
the public interest will not be prejudiced; and
WHEREAS, the Council finds that the following conditions are necessary to
vacatur said land:
o The Street Vacation should be granted, however, a public easement
for utility purposes shall be retained over the northerly 20 feet of
the proposed vacation area.
o This vacation shall not be effective until the effective date of
this ordinance and it shall be not effective until a certified copy
of this ordinance has been recorded with the Washington County
clerk, assessor and surveyor.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Tigard City Council hereby orders the vacation of that portion
of SW 74th Avenue near Cherry Drive as described on the attached Exhibit "A"
and shown on the attached Exhibit "B", and by this reference made parts hereof.
ORDINANCE NO. 85-
Page 1
Section ,2: The Tigard City Council further orders that the vacation be
subject to the following conditions:
f
o The Street Vacation should be granted, however, a public easement
for utility purposes shall be retained over the northerly 20 feet of
the proposed vacation area.
o This vacation shall not be effective until the effective date of
this ordinance and it shall be not effective until a certified copy
of this ordinance has been recorded with the Washington County
clerk, assessor and surveyor.
Section 3: In no situation shall this ordinance be effective until the 31st
day after its enactment by the City Council and approval by the Mayor.
PASSED: By vote of all Council members present after
being read by number and title only, this day
of 1985.
Deputy City Recorder — City of Tigard
APPROVED: This day of 1985.
Mayor — City of Tigard
ORDINANCE NO. 85—
Page 2
lw/3214A
O 02DAVID cvAns FlnD A330CIATC3 , inc.
2626 5W CORBETT AV(nU( PORT LWI().ORE(.on 97201 503/223-6663
September 10, 1984 File No. WIP016
S.W. 74TH AVENUE
VACATION OF A PORTION
OF RIGHT-OF-WAY
A tract of land situated in the Southeast one-quarter of Section
1, Township 2 South, Range 1 West of the Willamette Meridian in
the City of Tigard, Washington County, Oregon, described as fol-
lows:
Beginning at the Southeast corner of Lot 43, Rolling Hills No. 2 ,
a duly recorded plat, which point lies in the West line of S.W.
74th Avenue; thence South 88030124" East, 10 feet, more or less
to the true point of beginning; thence South 88°30'24" East, 40
feet, more or less to the East line of S.W. 74th Avenue; thence
along said East line, South 01025141" West, 44.63 feet to the
present terminus of S.W. 74th Avenue, which point lies in the
North line of Lot 2, Tech Center Business Park, a duly recorded
plat; thence along said North line, North 88*30' 24" West, 40 feet,
more or less, to the West line of S.W. 74th Avenue; thence along
` said West line, North 01025' 41" East, 44. 63 feet to the true point
of beginning. Containing an area of 1785 square feet or 0.041
acres, more or less.
i i-,ox :i*mLt:i VACATION
,S.W. 74 cn AV( Soo nus
It
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affected a01rIT •N 1.7,
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444 1!!.N •iX �'
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Properties 46o P014T
CDAffected Area to 4500
Properties be vacated C.
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 23, 1985 AGENDA ITEM #:
DATE SUBMITTED: September 18, 1985 PREVIOUS ACTION: 8/19/85 Council Set
ISSUE/AGENDA TITLE: Public Hearing Date For Public Hearin
Street Vacation Located At 122nd _ PREPARED BY: Loreen Witson _
Avenue (near Greenway Center) REQUESTED BY: Great NW Management Co.
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
POLICY ISSUE
Council initiated Street Vacation request - consistent with Council policy as
adopted by Resolution No. 85-30.
INFORMATION SUMMARY
On 8-19-85 Council passed Resolution No. 85-64 to call for public hearing on
Council initiated request to be held at 7:30 PM on 9/23/85. Staff requested a
Council initiated vacation to vacate right-of--way located on SW 122nd Avenue
near Greenway Towne Center. Right-of-way division will be determined by
Washington County. Planning Commission recommended approval. Engineering
Division has also recommended approval without conditions. The hearing was
published in the Tigard Times according to City and State requirements and all
abutting and affected property owners have been notified by mail. All fees
have been paid in full. Letter received in support of request is attached.
ALTERNATIVES CONSIDERED
1. Approve street vacation request, as shown, by ordinance, to be
hand-carried on 9/23/85, to be adopted on 9/30/85.
2. Approve street vacation request, with amendments, by ordinance and direct
staff to prepare.
3. Request staff to prepare resolution denying proposed vacation based on
objections and remonstrances received during the public hearing.
SUGGESTED ACTION
Staff recommends alternate #1. Motion should be: "Move to approve street
vacation request as presented and request ordinance be scheduled for adoption
at Council meeting of 9/30/85".
lw/321AA
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MEMORANDUM
CITY OF TIGARD, OREGON
TO: Tigard City Council September 19, 1985
FROM: Keith Liden, Senior Planner _
SUBJECT: Proposed Street Vacation
On September 10, 1985, the Planning Commission reviewed the proposed street
vacations on Tigard street, Walnut Place, 74th Avenue, 122nd Avenue, Clinton
Street, and 67th Avenue. The Commission recommends approval of the vacation
requests provided that legal access is retained for all properties involved.
(KL:br11881P)
C :
September 18, 1985
PUBLIC WORKS DIRECTOR'S REPORT ON PROPOSED VACATION OF SW 122ND AVENUE BETWEEN
SW SPRINGWOOD DRIVE AND SW 121ST AVENUE.
The Engineering Division recommends the vacation known as "SW 122nd Avenue"
between SW Springwood Drive (Court) and SW 121st Avenue be approved without
condition.
This recommendation is based on findings that (a) there is no effect on
traffic, pedestrian or bicycle circulation, in that said SW 122nd Avenue is
undeveloped at the present time, and is n,-,� a part of any plan for future
transportation reeds. No response was received from fire or police relative
to response time. Drainage in the area can be adequately provided for without
use of the subject street, and no response was received from any utility
company relative to existing or proposed facilities; (b) the proposed vacation
is not contrary to the transportation element of the Comprehensive Plan; and
(c) is not contrary to the Capital Improvement Plan.
(RC-pm/3224A)
Roger M.Belanich
a ;'cam ° �P@m m - o ,r
811 Skinner Building,Seattle, Washington 98101 (206)623-6230
August 27, 1985
City of Tigard
12755 SW Ash
PO Box 23397
Tigard, Oregon 97223
Attn: Loreen Wilson
City Recorder
Dear Ms. Wilson:
- We will be unable to attend the public hearing regarding
the SW 122nd Avenue Right-of-way Vacation hearing.
We have no objections to the vacation.
Ver s
Roger M. Belanieh
RMB:pkg
CITY OF TIGARD, OREGON
f ORDINANCE NO. 85—
AN ORDINANCE VACATING A PORTION OF SW 122ND AVENUE NEAR GREENWAY CENTER AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Tigard City Council initiated this vacation request pursuant to
Section 15.08.040 of the Tigard Municipal Code; and
WHEREAS, the reason and purpose for this vacation is to return this parcel
along SW 122nd Avenue to the property owners to facilitate future development;
and
WHEREAS, the vacation is recommended by the Planning Commission and the City
Engineer; and
WHEREAS, in accordance with ORS 271. 1.00, and TMC Section 15.08.15.0, the
Council fixed a time and place for the public hearing and the Recorder
published notice and posted notice in the area to be vacated; and
WHEREAS, notice has been mailed to all property owners abutting said vacation
area and all owners in the affected area, as described in ORS 271.080; and
WHEREAS, the Council, having held a hearing on September 23, 1985, finds the
public interest will not be prejudiced as provided by ORS 271.120 and TMC
Section 15.08.130; and
l
WHEREAS, the Council finds that it is in the public interest to approve the
request to vacate a portion of SW 122nd Avenue near Greenway Center because
the public interest will not be prejudiced; and
WHEREAS, the Council finds that the following condition is necessary to vacate
said land: This vacation shall not be effective until the effective date of
this ordinance and it shall be not effective until a certified copy of this
ordinance has been recorded with the Washington County clerk, assessor and
surveyor.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Tigard City Council hereby orders the vacation of that portion
of SW Tigard Street as described on the attached Exhibit "A" and shown on the
attached Exhibit "S", and by this reference made parts hereof.
�6 r
ORDINANCE NO. 85—
Page 1
"V
Section 2: The Tigard City Council further orders that the vacation be
subject to the following condition:
' This vacation shall not be effective until the effective date of
this ordinance and it shall not be effective until a certified copy
of this ordinance has been recorded with the Washington County
Clerk, Assessor and Surveyor.
Section 3: In no situation shall this ordinance be effective until the 31st
day after its enactment by the City Council and approval by the Mayor.
PASSED: By - vote of all Council members present after
being read by number and title only, this day
of 1985.
Deputy City Recorder - City of Tigard
APPROVED: This day of 1985.
Mayor - City of Tigard
r ORDINANCE NO. 85-
Page 2
lw/3214A
4
Peterson land Surveying k
2724 S.E Sunflower Ct
Hillsboro, Oregon 97123
(503) 648-4959 - Off. - 648.3820 Res.
PROPERTY DESCRIPTION: (PORTION) S.W. 122nd AVE.
FOR: CITY OF TIGARD DATE: JUNE 28, 1985
• LOCATION:BETWEEN 121st AND SPRINGWOOD JOB NUMBER: 8506020
FOR IDENTIFICATION PURPOSES ONLY STREET VACATION
FOR USE ON LEGAL INSTRUMENT
A PORTION OF S.W. 122nd AVENUE (COUNTY ROAD # 358) INGETHE
NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 1 SOUTH,
WEST, W•M. , CITY OF TIGARD, WASHINGTON COUNTY, OREGON, SAID
PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF "WOODSPRING
CONDOMINIUMS", A PLAT OF RECORD IN SAID COUNTY, AND RUNNING .
THENCE SOUTH 89052' 27" WEST , ALONG THE WESTERLY EXTENSION
OF THE NORTH LINE THEREOF, 40.00 FEET TO THE WEST RIGHT—OF—
WAY LINE OF SAID COUNTY ROAD #358; THENCE SOUTH 00'05'42"
EAST 585.07 FEET; THENCE NORTH 89054'50" EAST 255.32 FEET TO
THE INTERSECTION WITH THE WEST RIGHT—OF—WAY LINE OF S.W.
121st AVENUE; THENCE NORTH 00007133" WEST 40.00 FEET TO THE
SOUTHEAST CORNER OF THE PLAT OF "WOODSPRING CONDOMINIUMS";
THENCE ALONG THE BOUNDARY THEREOF, SOUTH 89054' 50" WEST
215.30 FEET AND NORTH 00005'42" WEST 545.10 FEET TO THE
POINT OF BEGINNING.
CONTAINING 32016 SQUARE FEET, 0.735 ACRES.
REGISTERED
PROFESSIONAL.
LAND SURVEYOR
E
REGON
M. PETERSON
1856
Subdivisions Boundaries•Land Partitions-Construction Staking
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,QQ L
CITY OF TIGARD. OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September_23f 1985 AGENDA ITEM
DATE SUBMITTED: September 18, 1985 PREVIOUS ACTION: 8/19/85 Council Set
ISSUE/AGENDA TITLE: Public Hearing Date For Public Hearin _
Street Vacation Located At SW 67th PREPARED BY: Loreen Wilson
Avenue & Clinton Street REQUESTED BY: Jerry Cach _
DEPARTMENT HEAD OK: _ CITY ADMINISTRATOR:
POLICY ISSUE
Council initiated Street Vacation request -- consistent with Council policy as
adopted by Resolution No. 85-30.
- INFORMATION SUMMARY
On 8-19-85 Council passed Resolution No. 85-65 to call for public hearing on
Council initiated request to be held at 7:30 PM on 9/23/85. Staff requested a
Council initiated vacation to vacate right-of-way located on SW 67th Avenue
and Clinton Street near I-5. Right-of-way division will be determined by
Washington County. Planning Commission recommended approval. Engineering
Division has also recommended approval with two conditions as set out below.
The hearing was published in the Tigard Times according to City and State
requirements and all abutting and affected property owners have been notified
by mail. All fees have been paid in full. Letter received expressed concern
regarding vacation is attached.
o Condition 1: A public ingress/egress easement be retained on SW 67th
Avenue from the south line of SW Baylor Street to the north line of the
State Highway Division's access control line. This easement should be 30
feet wide with 15 feet being on each side of the existing centerline.
o Condition 2: A public utility easement be retained over the complete area
proposed for vacation.
ALTERNATIVES CONSIDERED
1. Approve street vacation request, as shown, by ordinance, to be
hand-carried on 9/23/85, to be adopted on 9/30/85.
2. Approve street vacation request, with amendments, by ordinance and direct
staff to prepare.
3. Request staff to prepare resolution denying proposed vacation based on
objections and remonstrances received during the public hearing.
SUGGESTED ACTION
Staff recommends alternate #1. Motion should be: "Move to approve street
vacation request as presented and request ordinance be scheduled for adoption
at Council meeting of 9/30/85".
lw/3214A
PROPOSED VACATION OF { '�
SW 67TH AVE & CLINTON ST IN
Jnr SEC 36 TIS RIW, WM
w WASHINGTON CO, QR
a MAY 1985 SCALE I"=100'
BAYLOR STREET
1 OD
W
$ CLINTON STREET
rte``� • • .ter
.r• is : •�: . 1 /
INN � � hh
c_ 3
WAST POFVTIA4� HEV--TATS
Mf MORION1)l M
tr 'A TY U! i IGORO, ORI t;t1N
T0: Tigard City Council ''eptember 19, 1985
FROM: Keith Liden, Senior Planner _
SUBJECT: Proposed Street Vacation
On September 10, 1985, the Planning Commission reviewed the proposed street
vacations on Tigard street, Walnut Place, 74th Avenue, 122nd Avenue, Clinton
Street, and 57th Avenue. The Commission recommends approval of the vacation
requests provided that legal access is retained for all properties involved.
(KL:brl1881P)
i
September 18, 1985
PUBLIC WORKS DIRECTOR'S REPORT ON PROPOSED VACATION OF A PORTION OF SW 67TH
AVENUE, BETWEEN SW BAYLOR STREET AND SW DARTMOUTH STREET, AND SW CLINTON
STREET, BETWEEN SW 67TH AVENUE AND SW 66TH AVENUE.
The Engineering Division recommends the vacation known as SW 67th Avenue,
between SW Baylor Street and SW Dartmouth Street (I-5 off ramp), and SW
Clinton Street, between SW 66th Avenue and SW 67th Avenue be approved with
certain conditions.
This recommendation is based on findings that (a) there is no effect on
traffic, pedestrian or bicycle circulation with the exception that several
properties may be land-locked without access. To eliminate this problem the
Engineering Division recommends that an easement for ingress and egress
purposes, being 30 feet in width --- 15 feet each side of centerline, be
retained on SW 67th Avenue from the south line of SW Baylor Street to the
north line of the State Highway Divisions access control line. No response
was received from fire or police relative to response time. Five utility
companies responded with comments relative to existing facilities. To
accommodate all of these requests and concerns the City has regarding public
facilities, it is recommended that a public utility easement be retained over
all that portion of land to be vacated; (b) the proposed vacation is not
contrary to the transportation element of the Comprehensive Plan, and (c) is
not contrary to the Capital Improvements Plan.
(RC:pm/3224A)
f
• ' -
Jv 7 '�''�
�'ek;�e�
i
'r
ALTERNATE A
CITY OF TIGARD, OREGON
ORDINANCE NO. 85-
AN ORDINANCE VACATING A PORTION OF SW 67TH AVENUE AND CLINTON STREET AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Tigard City Council initiated this vacation request pursuant to
Section 15.08.040 of the Tigard Municipal Code; and
WHEREAS, the reason and purpose for this vacation is to return the area within
SW 67th Avenue and Clinton Street to the adjacent property owners to
facilitate future development possibilities; and
WHEREAS, the vacation is recommended by the Planning Commission and the City
Engineer; and
WHEREAS, in accordance with ORS 271.100, and TMC Section 15.08.110, the
Council fixed a time and place for the public hearing and the Recorder
published notice and posted notice in the area to be vacated; and
WHEREAS, notice has been mailed to all property owners abutting said vacation
area and all owners in the affected area, as described in ORS 271.080; and
WHEREAS, the Council, having held a hearing on September 23, 1485, finds the
public interest will not be prejudiced by the vacation as provided by QRS
271.120 and TMC Section 15.08.130; and
WHEREAS, the Council finds that it is in the public interest to approve the
request to vacate a portion of SW 67th Avenue and Clinton Street because the
public interest will not be prejudiced; and
WHEREAS, the Council finds that the following conditions are necessary to
vacate said land:
o A private ingress/egress easement be retained on SW 67th Avenue from
the North line of SW Clinton Street 15 feet on both sides of the
existing centerline to the North lot line of lot 3700 on Washington
County Tax Map 1S1 3600.
o A private ingress/egress easement be retained on SW 67th Avenue from
the South line of SW Clinton Street 15 feet on both sides of the
existing centerline to the South lot line of lot 5300 on Washington
County Tax Map 1Sl 36DD.
o The Street Vacation should be granted for transportation
right-of-way purposes, however, a public easement for utility
purposes shall be retained over the entire area.
o This vacation for transportation right-of-way purposes shall not be
effective until the effective date of this ordinance and it shall be
C2 not effective until a certified copy of this ordinance has been
recorded with the Washington County clerk, assessor and surveyor.
ORDINANCE 1110. 85-
eS�- Ap
Page 1
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Tigard City Council hereby orders the vacation for
transportation right-of-way purposes of that portion of SW 67th Avenue and
Clinton Street as described on the attached Exhibit "A" and shown on the
attached Exhibit "B", and by this reference made parts hereof.
Section 2: The Tigard City Council further orders that the vacation be
subject to the following conditions:
o A private ingress/egress easement be retained on SW 67th Avenue from
the North line of SW Clinton Street 15 feet on both sides of the
existing centerline to the North lot line of lot 3700 on Washington
County Tax Map 1S1 3600.
o A private ingress/egress easement be retained on SW 67th Avenue from
the South line of SW Clinton Street 15 feet on both sides of the
existing centerline to the South lot line of lot 5300 on Washington
County Tax Map 1S1 36DD.
o The Street Vacation should be granted for transportation
right-of--way purposes, however, a public easement for utility
purposes shall be retained over the entire area.
o This vacation for transportation right-of-way purposes shall not be
effective until the effective date of this ordinance and it shall be
not effective until a certified copy of this ordinance has been
recorded with the Washington County clerk, assessor and surveyor.
Section 3: In no situation shall this ordinance be effective until the 31st
day after its enactment by the City Council and approval by the Mayor.
PASSED: By vote of all Council members present after
being read by number and title only, this day
of 1985.
Deputy City Recorder - City of Tigard
APPROVED: This day of 1985.
Mayor - City of Tigard
ORDINANCE NO. 85-
Page 2
lw/3214A
LEGA1 Of SCRIPT ION f OR VACATION 01 ETRE F tOR if RR11 CASN
A parcel of land in the plat of .lLSi PORTLAND HLIGHTS, Washington County ,
Oregon; the said parcel being a portion of S.W. 67th Avenue and S.W.
Clinton Street abutting Blocks 7, B, 13, and 14 in said plat described as
follows:
Beginning at the Northeast corner of Lot 33, said Block 13; thence North
along the East line of said Block 13, 175 feet to the Northeast corner
thereof; thence East 30 feet; thence North 60 feet; thence
West 30lfeet
ofo
the Southeast corner of said Block 8; thence North g
said Block 8, 450 feet to the Northeast corner thereof; thence East 60 feet
to the Northwest corner of said Block 7; thence South along the West line
of said Block 7..450 feet to the Southwest corner thereof; theence East
along the South line of said Block 7, 193 feet more or less
to the ccess
Control Line of the Southbound Exit Ramp
of the Haines Road Interchange;
thence Southwesterly along .said Access Control Line 63.25 feet more or less
to the North line of said Block 14; thence West along said North line 173
feet more or less to the Northwest corner of said Block 14; thence South
along the West line of said Block 14, 146.87 feet more or less to the
Access Control Line of the Southbound Exit Ramp of the Haines Road Inter-
change; thence Southwesterly 66.25 feet to the point of beginning.
Save and except an easement for utility purposes.
Save and except an easement for ingress and egress over and across the
following described parcel:
A strip of land 30 feet in width being 15 feet on each side of the
following described center line: Beginning at a point 30 feet East of the
Northeast corner of said Block 8. WEST PORTLAND HEIGHTS; thence South
parallel to the East line of said Block 8,
670.94 feet to a point on the
said Access Control Line. This easement for ingress and egress is for the
use of abutting properties only and it may be terminated by mutual consent
4 of the abutting property owners.
100011,42
PROPOSED VACATION OF
SW 67TH AVE & CLINTON ST IN
SEC 36 TIS RIW, WM
WASHINGTON CO, OR
�naY i9s5 scaLE ��=:00'
BAYLOR STREET
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ALTERNATE B
CITY OF TIGARD, OREGON
ORDINANCE NO. 85-
AN ORDINANCE VACATING A PORTION OF SW 67TH AVENUE AND CLINTON STREET AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Tigard City Council initiated this vacation request pursuant to
Section 15.08.040 of the Tigard Municipal Code; and
WHEREAS, the reason and purpose for this vacation is to return the area within
SW 67th Avenue and Clinton Street to the adjacent property owners to
facilitate future development possibilities; and
WHEREAS, the vacation is recommended by the Planning Commission and the City
Engineer, and
WHEREAS, in accordance with ORS 271.100, and TMC Section 15.08.110, the
Council fixed a time and place for 'the public hearing and the Recorder
published notice and posted notice in the area to be vacated; and
WHEREAS, notice has been mailed to all property owners abutting said vacation
area and all owners in the affected area, as described in ORS 271.080; and
WHEREAS, the Council, having held a hearing on September 23, 1985, finds the
public interest will not be prejudiced by the vacation as provided by ORS _
271.120 .and TMC Section 15.08.130; and
WHEREAS, the Council finds that it is in the public interest to approve the
request to vacate a portion of SW 67th Avenue and Clinton Street because the
public interest will not be prejudiced; and
WHEREAS, the Council finds that the following conditions are necessary to
vacate said land: .
o A private ingress/egress easement be retained on SW 67th Avenue from
the North line of SW Clinton Street along the westerly 30 feet to
the North lot line of lot 3700 on Washington County Tax Map 1S1 36DD.
O A private ingress/egress easement be retained on SW 67th Avenue from
the South line of SW Clinton Street along the westerly 30 feet to
the South lot line of lot 5300 on Washington County Tax Map 1S1 36DD.
o The Street Vacation should be granted for transportation
right-of-way purposes, however, a public easement for utility
purposes shall be retained over the entire area.
o This vacation for transportation right-of-way purposes shall not be
effective until the effective date of this ordinance and it shall be
not effective until a certified copy of this ordinance has been
recorded with the Washington County clerk, assessor and surveyor.
ORDINANCE NO. 85-
Page 1
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
J Section 1: The Tigard City Council hereby orders the vacation for
transportation right-of-way purposes of that portion of SW 67th Avenue and
Clinton Street as described on the attached Exhibit "A" and shown on the
attached Exhibit "B", and by this reference made parts hereof.
Section 2: The Tigard City Council further orders that the vacation be
subject to the following conditions:
o A private ingress/egress easement be retained on SW 67th Avenue from
the North line of SW Clinton Street along the westerly 30 feet to
the North lot line of lot 3700 on Washington County Tax Map 1S1 360D.
o A private ingress/egress easement be retained on SW 67th Avenue from
the South line of SW Clinton Street along the westerly 30 feet to
the South lot line of lot 5300 on Washington County Tax Map iSl 36DD.
o The Street Vacation should be granted for transportation
right-of-way purposes, however, a public easement for utility
purposes shall be retained over the entire area.
o This vacation for transportation right-of-way purposes shall not be
effective until the effective date of this ordinance and it shall be
not effective until a certified copy of this ordinance has been
recorded with the Washington County clerk, assessor and surveyor.
Section 3: In no situation shall this ordinance be effective until the 31st
day after its enactment by the City Council and approval by the Mayor.
PASSED: By vote of all Council members present after
being read by number and title only, this day
of 1985.
Deputy City Recorder - City of Tigard
APPROVED: This day of 1985.
Mayor - City of Tigard
ORDINANCE NO. 85-
Page 2
lw/3214A
Ij t;Al It( SCR IVI ION I Ok VACAT ION ,II ',TNI l 1', Ik JI kkr r.AJH
A parcel of land in the plat of y4i VOaTLANU HLIGNIS, Washington County ,
Oregon; the said parcel being a portion of S.W. 67th Avenue and S.W.
Clinton Street abutting Blocks 7, 8, 13, and 14 in said plat described as
follows:
Beginning at the Northeast corner of Lot 33, said Block 13; thence North
along the East line of said Block 13, 175 feet to the Northeast corner
thereof; thence East 30 feet; thence North 60 feet ; thence best 30 feet to
the Southeast corner of said Block 8; thence North along the East line of
said Block 8, 450 feet to the Northeast corner thereof; thence East 60 feet
to the Northwest corner of said Block 7; thence South along the West line
of said Block 7,.450 feet to the Southwest corner thereof; thence East
along the South line of said Block 7, 193 feet more or less to the Access
Control Line of the Southbound Exit Ramp of the Haines Road Interchange;
thence Southwesterly along .said Access Control Line 63.25 feet more or less
to the North line of said Block 14; thence West along said North line 173
feet more or less to the Northwest corner of said Block 14; thence South
along the West line of said Block 14, 146.87 feet more or less to the
Access Control Line of the Southbound Exit Ramp of the Haines Road Inter-
change; thence Southwesterly 66.25 feet to the point of beginning.
Save and except an easement for utility purposes.
Save and except an easement for ingress and egress over and across the
following described parcel:
A strip of land 30 feet in width being 15 feet on each side of the
following described center line: Beginning at a point 30 feet East of the
Northeast corner of said Block 8, WEST PORTLAND HEIGHTS; thence South
parallel to the East line of said Block 8, 670.94 feet to a point on the
said Access Control Line. This easement for ingress and egress is for the
use of abutting properties only and it may be terminated by mutual consent
of the abutting property owners.
10001,42
PROPOSED VACATION OF
SW 67TH AVE & CLINTON ST IN
SEC 36 TIS RIW, WM
w WASHINGTON CO, OR
Q MAY i38� SCALE l"=100'
BAYLOR STREET
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1-311L K
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$ CLINTONSTREET
ST PORTL.°�S� HEIG.NTS
CITY OF TIGABL
COUNCIL MEE'T'ING
Sept. 23, 1985
' ITEM 11 �Gt�
At
Mr Mayor and Members of the Councils
My name is Geraldine Ball, 11515 S. W. 91st:, Tigard.
4
I am in favor of the vacation ea shown on the Exhibit B map, but I am not
in favor of an altered asap that has been floating around with eaasure and
addition of lines, and if this altered map should be submitted at this �� -{�,; ✓�
Public Hearing I ask that it be stricken m tthe record.
+ c
� g, 2s In c1 F M" C`a c f4 real %N / 9 'Y �+G'
I am somewha� confused with the Ordinance itself.... it states the Street
Vacation should be granted for transportation right-of-way purposes. Am I
anrmng in thinking that the streets before vacation are for transportation
purposes. I wan of the opinion that the vacation was to Ajive each adJoining k.
property owner additonal property and the 15 foot easement on each side of
r,� a center line was for ingress and egress for the use of abutting properties
my and could be terminated by mutual consent of the abutting property
owners.
The Ordinance states "A private ingress/egress `easement be retained on S. W.
67th from the South line of S. W. Clinton Street 15 feet on both sides of the
``9 � existing oenterline to the South lot line of lot 5300 on Washington County
Tai Map 1 S 1 36 DD. I assume you meant Tax Lot 5300-
In the Council aware that there are two Tar Lots 5300 - one on 67th and one
on 68th. Which one are you referring to and since there could be confusion you
might want to sonsider listing the lot number also, which I would assumoe to
be Lot 8 if you are referring to Tax Lot 5300 on S. W. 67th. -
I would appreciate it greatly if you would explain to me what is meant by
"This vacation fpr Transportation right-of weW purposes" L-�d �s 73'14 p
pu P "1 --,., 14,f S s3 �.. rr� 7 T
Lan ,� Cs , . cdd / 1C Ht ) , H + 7 '7
Please male part of the City of Tigard record of this Public Heaking
along with oopy of Map Exhibit B and Legal Description Exhibit A and
Washington County Map 1 S 1 36 DD.
Thank you.
_ w
r• .
PROPOSED VACATION OF
€� . SW 67TH AVE & CLINTON ST IN
SEC 36 TIS RIW, WM
w WASHINGTON CO, OR
Q MAY 1985 SGALE I"=100'
BAYLOR STREET
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4,.: 5T PO RTI t� HEiG.NTS
11 A: Ui ,fir I'I ION i ,)r. VA(,AI MN „ ,u+ A')H
A pdreei of id1ld ir. tri,. plat Of r'lt `� Jt)riiANI r1i lt,rtl ;, rldttrlriyt,r)r l,oU ?ty ,
Oregon, the said parcel being a portion of S.W. 67tr. Avenue and S.W.
Clinton Street abutting Blocks 7. 8, 13. and 14 in said plat described as
follows:
Beginning at the Northeast corner of Lot 33, said Block 13; thence North
along the East line of said Block 13, 175 feet to the Northeast corner
thereof; thence East 30 feet; thence North 60 feet; thence West 30 feet to
the Southeast corner of said Block 8; thence North along the East line of
said Block 8. 450 feet to the Northeast corner thereof; thence East 60 feet
to the Northwest coiner of said Block l; thence South along the West line
of said Block 7..,450 feet to the Southwest corner thereof; thence East
along the South line of said Block 7, 193 feet more or less to the Access
Control Line of the Southbound Exit Ramp of the Haines Road Interchange;
thence Southwesterly along .said Access Control Line 63.25 feet more or less
to the North line of said Block 14; thence West along said North line 173
feet more or less to the Northwest corner of said Block 14; thence South
along the West line of said Block 14, 146.87 feet more or less to the
Access Control Line of the Southbound Exit Ramp of the Haines Road Inter-
change; thence Southwesterly 66.25 feet to the point of beginning.
Save and except an easement for utility purposes.
Save and except an easement for ingress and egress over and across the
following described parcel:
A strip of land 30 feet in width being 15 feet on each side of the
following described center line: Beginning at a point 30 feet East of the
Northeast corner of said Block 8. WEST PORTLAND HEIGHTS; thence South
parallel to the East line of said Block 8, 670.94 feet to a point on the
said Access Control Line. This easement for ingress and egress is for the
use of abutting properties only and it may be terminated by mutual consent
of the abutting property owners.
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SEI/4 SEI/4 SECTION 36 TIS RIW WM IS 13bDD
WASHINGTON COUNTY OREGON I
MAP SCALE I°= 1001
SSE \.,P\NES STREET
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n S w ATLANTA 79.49710 STREET
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MEMORANDUM t '
CITY OF TIGARD, OREGON
TO: Mayor and City Council.
September 17, 1985
FROM;
Bob Jean, City Administrator(
V
SUBJECT: Executive Summary
This is the first of what I hope to provide as a monthly overview of
activities. My intent is to hit the highlights by Council Goal, Department
and Projects summaries.
Council Goals
o Wastewater Audit — Utilities Committee and Recycling Committee
resolutions adopted and in recruitment. . .
o Service Level Priorities — Adopted, Fall review and update in process. . .
o Merit System ---- NO PROGRESS, awaiting Council review workshop and
decision on consultant. . .
o Council Workshops -- OR per Policy Calendar schedule. . . Council/Staff
training workshop still undecided. . .
o Dartmouth LID — litigation
o Computer Master Plan -- Staff Committee completing its report and getting
ready with Council in Mid-October. . .
0 Streets CIP -- Transportation Committee working on Public Facilities Plan
and County road acceptances, nothing much more until Winter after City
Engineer is hired. . .
0 Community Relations —• NO PROGRESS, or very little, Council needs to set
workshop date. . . City-wide Questionnaire in progress with results
scheduled before November Budget Committee workshop. . .
0 Greenburg Road Study -- Study done. LID starting. . .
0 Personnel Rules LITTLE PROGRESS, some housekeeping and some changes
tentatively negotiated re. General Employees. . . still awaiting Council
decision on consultant. . .
o Community Recreation — on schedule, consultant has completed surveys,
now preparing outline proposals for review with Park Board. . .
Recreation Town Hall meeting set 10/7/85. . . Parks and {;
o Park Plan and CIP — NO PROGRESS. . . Park Board can't start until Fall
after Recreation Program report completed. . .
0 135th LID — LITTLE PROGRESS. . . tied into Beaverton-Tigard Annexation
at ion
Planning Area Agreement, Scholls Ferry Road Plan, Transportation Public
Facilities Plan, and Council road acceptances. . . After clearing these
hurdles, we should be ready for neighborhood meetings this Winter with
new City Engineer. . .
o Civic Center — On budget and on schedule, soils dispute with City
Attorney's Office, contractor pressing for 1-2 months time extension and
staff resisting. . . Furnishings bids underway. . . Comprehensive budget
update set for October. . .
Departments
o Police --- Two new Officers on duty; Dispatcher recruitment underway but,
actual hire authorization held off until review of recruitment, selection
and training program by City Administrator. . . Control Budget in
development and Service Level Priorities update under review. . .
o Library — WCCLS automation and goverance/funding issues progressing. . .
Furnishings out for, bid. . . Supplemental Budget final adjustments out for
November. . .
o Finance and Services - Audit field work complete and Council review set
for October. . . FLSA and weekly time reporting systems implemented. . .
Accounting computer needs in Computer Master Plan. . . Charter and
Codification updates underway. . .
o Community Development —_. Public Works Crew Chief position recruitments
(Wastewater and Parks) are in process; temporary Parks maintenance
personnel have been increased. . . Building, Planning and Engineering
activity continues strong. . . Public Works Operations finishing up Summer
projects and getting ready for Winter (eg. Storm Drainage and Sanding). . .
o City Administration — Volunteerism Awards and Recognition Day upcoming;
Civic Center and Operating budget updates underway; 3-Year Financial Plan
in process for November workshop; Work Plans revised to Council Policy
Calendar; Fees and Charges/Revenue Manual update, LID Code Amendments and
Computer Master Plan in process; labor negotiations in process;
Metzger/Washington Square Annexation Policy and Urban Services Study
upcoming. . .
Proiects
0 72nd Street LID -- ready for closeout. . .
0 68th Parkway — revised P.E. report for October. . .
o Dartmouth LID — litigation. . .
0 68th Sewer — substantially complete, except for easement and lateral
section on Mrs. Ball's property. ..
y
• 0 135th Street LID — LITTLE PROGRESS, see Goals Report. . .
0 Cherry Street Sewer — Neighborhood meeting to be scheduled. .
0 100th Street Sewer Neighborhood meeting to be scheduled. .
0 Greenburg/Tiedeman Signal — coordinate with LID. . .
0 Hall/Burnham Street LID — awaiting Council approval. . .
0 Canterbury/109th Sewer — dead. . .
0 Canterbury Signal — LID interest meetings with State and owners. . .
Greenburg Storm Drainage LID Hsealed down supplemental interest
0 LID dead. . .
applications being seat out. . . major
0 Tech Center RR Crossing --- to P.U.C. . . .
0 Fanno Creek Park — substantially complete, but need dry spell to gravel
and pave yet this Fall. . .
0 Streets Overlay — staff developing for Spring program. . .
(BJ:pm/0992p)
v�
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 23 1985 AGENDA ITEM #:
DATE SUBMITTED: September 17, 1985_ PREVIOUS ACTION-. None
ISSUE/AGENDA TITLE: Monthly Report _
August, 1985 - Community Development PREPARED BY: W. A. Monahan
REQUESTED BY:
DEPARTMENT HEAD OK: U +'' " CITY ADMINISTRATOR:
INFORMATION SUMMARY
Attached please find the Monthly report for August, 1985, prepared by the
Department of Community Development. Elements of the report are:
1. Annexation Report
2. Building Division Report - See Memo
3. Code Enforcement Report
4. Economic Development Minutes
5. Engineering Division Report -
{ 6. Operations Division Reports
7. Planning Commission Minutes
8. Transportation Committee Minutes- Not Received
ALTERNATIVES CONSIOERLD
;TI
SUGGESTED ACTION
Accept and place on file.
(0950P)
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Members of the City Council September 17, 1985
`"be►^�
FROM: William A. Monahan, Director of Community Developmentv
SUBJECT: Monthly Report — August, 1985
Attached please find the Monthly Report for August, 1985, prepared by the
Department of 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. Operations Division Report
8. Transportation Committee Minutes
Fallowing is a comparison of building activity for August of 1984 and 1985:
Auciust, 1984 August, 1985
Single Family Permits 10 24
Multi—Family Permits
(total Units) 0 O
Commercial Permits 9 1
Building Permit Fees $ 1.3,499.00 $ 11,042.17
Plan Check Fees 8,342.23 5,928.31
Plumbing Permits 3,935.00 4,645.00
Mechanical Permits 485.00 930.50
Sign Permits 50.00 90.00
Valuation $ 3,613,499.00 $ 21221,800.00
Through the first eight months of the year, activity compares to 1984 as
follows:
Single Family Permits 136 186
Multi—Family Permits
(total Units) 3 338
Commercial Permits 31 10
Building Permit Fees $ 76,460.60 $ 120,737.67
Plan Check Fees 38,540.65 48,999.21
Plumbing Permits 24,492.49 64,737.28
Mechanical Permits 3,503.02 51888.00
Sign Permits 1,520.00 730.00
Valuation $16,932,003.00 $31,004,299.50
(0950)
® BU11d1C19
Building activity continued at a strong pace in August, as high
tasfour the
single—family permits were issued. Inspection activiy t was quite
number of construction projects underway was at a peak
Economic Development Committee
Results of the June survey of downtown businesses i^vey spondents were the
and
discussed. The greatest problems identified by
appearance of the area and the lack of a major commercial draw. The Committ98e
will hold a meeting for property owners and businesses on September 24,
15
eps should be taken to address the problems of the downtown.
to discuss what st
(WAti,br/0950P)
MEMORANDUM
( CITY OF TIGARD, OREGON
TO: William A. Monahan, Director
Community Development September 19, 1985
FROM: Dan Blanchard, Codes Enforcement
SUBJECT: Codes Enforcement Monthly Report
August, 1985
Below are the figures for codes enforcement for August, 1985:
CODE ENFORCEMENT
MONTHLY SUMMARY — August, 1985
a
New Cases 43
Phone Calls Received 82
Personal Contacts 43
Site Visits 285
Cases Closed 85
Due to outside circumstances, only 17 working days were spent on codes
enforcement.
(OB:br/1882P)
TIGARD ECONOMIC DEVELOPMENT COMMITTEE
MINUTES — August 20, 1985
t Pioneer Pies Restaurant
Members Present: Tony Orlandini
John Savory
Amo De Bernardis
Susan Clark
Guests Present: Jeanne Caswell
Morgan Caswell
Mary Gross
Carl Johnson
Don Coverdell
Staff Present: Bill Monahan
John Savory acted as chairman of the meeting pending an election in
September. A quorum was not present. Two new members were appointed on
August 19, they are Susan Clark and Dick Cochran.
The minutes of July 16, 1985 were reviewed and accepted with no changes.
Bill reviewed the downtown survey results which revealed that the
greatest concern of property owners and businesses in the downtown area is the
appearance of the area. Publicly owned property was identified as a problem
area as well as private. Amo stated that the City should provide leadership
on improving the appearance of publicly owned properties. Jeanne stated that
the Chamber will take on responsibility for the upkeep of Liberty Park. The
Chamber will begin a program to provide engraved rocks at the park which
signify each of the Chamber's annual First Citizens.
A discussion was held concerning survey comments on the possibility of
starting a business promotional organization. John felt that there is ai need
for such an organization to encourage the upgrading of business. The
Committee discussed the problems associated with absentee landlords and the
need to get them involved in the. efforts to improve the area. John stated
that it should not be difficult to get people who work in the area involved.
Don Coverdell, who will be volunteering to help the I-5 Corridor Association,
stated that the survey has great value and should be analyzed. The survey
should be used to prepare an improvement plan.
Carl Johnson, a downtown property owner who completed a survey, asked if
the Main Street Projects had been encouraged by the City. The survey results
showed the need for a shopping center at the south end of Main Street to
anchor the area. John stated that he felt that the City attempted to assist
the developer.
j Tony suggested that the Committee set up a follow-up to the discussion
and survey. A meeting could be set up where the downtown resource people
would be invited to participate. Jeanne suggested that a letter be sent to
each property owner using the same list as was used for the survey. In
addition, a cover letter and survey results could be hand delivered to
downtown businesses by Committee members and volunteers. A meeting then could
be held at the Community Center in downtown.
The Committee agreed that a downtown meeting should be held on Tuesday,
"-ptember 24, 1985 at 6:00 P.M. at the Community Center. John, Jeanne and
,ill will work to coordinate the meeting. Don suggested that the survey
r• Its be broken down into ten points. These points could be utilized to
.mulate discussion to get the merchants and property owners involved to plan
for the promotion of the area. The main incentive which is available to the
interested parties is increased retail trade. More trade will result in more
improvements and a better image, Don added. Jeanne pointed out that the City
has a reputation in terms of the downtown of not following through. The
Committee and City should be sure not to start a project then drop it prior to
r
completion.
The 1985-86 Action plan will be developed following the Committee
discussion with the Council. Copies of the action plan have been
distributed. The Committee will attempt to formulate an achievable plan.
Jeanne discussed the potential for creating a Committee/Chamber slide
presentation. She will contact the state department of Economic Development
for assistance.
The meeting of the Committee with the City Council will be held on
Monday, September 16, 1985. The City Council will be invited to attend the
downtown discussion on the 24th.
Discussion returned to the September 24th meeting. Amo suggested that
the Committee put achievable items into the plan of action with the downtown
project as a start. A series of follow--up meetings could occur if interest
exists. Jeanne suggested that the Business Affairs Committee should be
r involved as the Chamber may be able to provide some services under its
existing programs. Chamber resources may be available should the need exist.
The Committee discussed a bus trip which Bill proposed to view economic
development sites in the City. A tentative date of August 29 was set. Bill
will make the appropriate arrangements.
Tony Orlandini volunteered to act as the Committee's liaison to the
Tualatin Valley Economic Development Corporation.
Bill was asked how many home occupations presently exist in Tigard. A
number is not available, as many operate without valid permits. Those who
operate a home occupation must file for and receive both a home occupation
permit and a business tax.
Bill reported to the Committee that Duane Roberts of the Community
Development Department was preparing a brochure for the September
Japanese—American Conference of Mayors. The Committee felt that the project
was worthwhile.
The meeting ended at 9:00 A.M. The next Committee meeting will be held
on Tuesday, September 17, 1985. The Committee will meet with the City Council
on September 16 at Fowler Jr. High at 7:30 P.M.
(WAM:br/1798P)
MEMORANDUM
CITY OF TIGARD
TO: William A. Monahan, Director of Community Development
FROM: Randy Clarno, Engineering Services Manager e —
DATE: September 17, 1985
SUBJECT: Engineering Monthly Report for August, 1985
Function Personnel Time in Function
August
I. Private Development Services
A. Land-Use Application review 4%
Be Improvement Permits (Subvd.,
half-street, sewer 5 Delg. projects 36%
C. Public/Agency assistance 9%
D. Property Vacations 3%
II. Geographic Information Services
A. Mapping and Records 2%
Be Survey and Design
1. P.W. Maint. Projects 0%
2. City Wide Control . . 0%
3. Capital Project Engineering . 0%
III.Capital Development Services
A. Public Fac. Master Plan review and update 0%
Be C I.P. and L.I.D. Admin. assistance 0%
C. 'itreet C.I.P. assistance. . . . 0%
IV. General Admin. 6 Misc.
Personnel Reviews, training, staff meetings,
Citizen committee support, Section management,
Budget prep., union meetings, Computer
,r Master Plan, etc.... . . . . . 18%
V. Non-productive time (Holidays, vacations, sick leave, etc.
28%
i':
VI.Revenue Activity FY 85-86 FY 84-85
A. Engineering
Service Fees & Charges August August
1. Improvement Permits (I-B) 21,714.61 4,946.72
r
thru August thru August
23,362.33 5,026.72
B. Public Works Operations Fees 6 Charges FY 85-86 FY 84-85
August August
1. Streetlights 2,078.40 570.24
2. Traffic control Signing . . • . . . 1,860.00 107.10
NEW PUBLIC IMPROVEMENT PROJECTS
August
1. Millmont Subdivision 51 Lots Located on Hall Blvd. north of Durham
Rd. - Under Construction.
2. Mallard Lakes Subdivision Lots Located on Sattler St., just east of
92nd Ave. - Under Construction.
September (to date)
1. Cotewald Meadows No. 2 21 Lots Located on SW 135th Ave. across from
Morning Hill Drive - Under Construction.
2. Summerlake No. 2 Lots Located east of Summerlake - Under
Construction.
3. Penn Lawn Estates 13 Lots Located on SW 115th south of Springwood
Drive W Under Construction.
4. Self Service Furniture Store - Gaarde half-street Located on Gaarde
Street at Pacific Hwy. - Under Construction.
(RSC:br/0840P)
MEMORANDUM
CITY OF TIGARD, OREGON
T0: Tigard City Council September 19, 1985
FROM: Elizabeth A. Newton, Senior Planner•
SUBJECT: Annexation Activity for August, 1985
On August 6, 1985 the Planning Commission considered a request by Margery
Krueger to annex 23.26 acres into the City. Prior to that meeting, the
Planning staff had received petitions from additional property owners to be
included in the annexation. The Planning Commission voted by majority to
recommend to City Council that the request for annexation should be forwarded
to the City Council adding any additional property owners who wish to be
included.
In addition, at the August 6 meeting, the Planning Commission considered a
request by Kevin Perrin and Daniel Schenk to annex .80 acres into the City.
The commission voted unanimously to be recommended that the Council forward
the request to the Boundary Commission with as much of the right—of-way of
North Dakota as possible. A copy of the August 6, 1985 minutes is attached.
These two annexation requests are scheduled for Council consideration in It
September.
(EAN:brl1884P)
:f
Y
TIGARD PLANNING COMMISSION
REGULAR MEETING — AUGUST ti, 1985
1. President Moen called the meeting to order at 7:35 P.M. The meeting was
held at the Tigard School District Building - Conference Room -- 13137 SW
Pacific Highway .
2. ROLL CALL: Present: President Moen; Commissioners Butler, Peterson,
Fyre, Bergmann, Vanderwood.
Absent: Commissioners Campbell. and Leverett•
3. APPROVAL OF MINUTES
o Commissioner Fyre moved and Commissioner Butler seconded to adopt the
minutes as submitted. Motion carried unanimously by Commissioners
present.
4. PLANNING COMMISSION COMMUNICATION
o There was no communication.
S. PUBLIC HEARINGS
5.1 COMPREHENSIVE PLAN AMENDMENT CPA 9_.85 and ZONE CHANGE ANNEXATION ZCA 11-85
Request to annex 23.26 acres into the City of Tigard and to change the
Comprehensive Plan designation from Washington County Residential 24 units
per acre to City of Tigard Medium High density and the zoning from
Washington County Residential 24 units/acre to City of Tigard R-25.
Located: SW 135th and north of Scholls Ferry Road, NPO N 7.
Senior Planner Newton reviewed the staff report and explained that staff
had received additional requests from adjoining property owners, through
Ryan O'Brien, to be included with this annexation, Discussion followed.
APPLICANT'S PRESENTATION
Russell Krueger, 3515 SW Barbur Blvd. Y-1, Portland, 97201, stated that
with the annexation of his property it would make it easier for the
extension of Murray Blvd, and that there would be half street improvements
constructed along the edge of his property line.
Ryan O'Brien, 1.134 SE 23rd Ave. , Hillsboro, OR 97123, showed a map
indicating Krueger's property and other properties interested in annexing
to the City of Tigard.
PUBLIC TESTIMONY
o Gail Stover, Rt. 1 Box 381, Beaverton, OR 97007, opposed the
annexation. She did not feel that the City of Tigard should extend
its City limits beyond Scholls Ferry Rd. She felt annexation to Cityyt
y of Beaverton would be more appropriate because they are in the
r PLANNING COMMISSION MINUTES August 6, 1995 Page I
Beaverton School District, they would have an opportunity to become a part
of the Tualatin Hills Recreation District, and two of the residents were
already on Beaverton water. She had poled hoer- neighbors who live in the
area and four of them have petitioned the City of Beaverton for- annexation.
o Jim Cowley, Rt 1 Box 365A, Beaverton, OR 97007, opposed the
annexation. He wants the area to be annexed to City of Beaverton.
REBUTTAL
o Ryan O'Brien stated that most of the residents who live in that area,
within the City of Tigard limits, are in the Beaverton School
District. Also, it is not unusual for water districts to cross city
limit boundaries.
PUBLIC HEARING CLOSED
Commissioner Owens arrived.
o Discussion followed regarding the City Council's direction, water,
districts, fire districts, Tualatin Hills Recreation District, the
school districts, adding additional properties to the annexation
request, and wetlands.
o Commissioners Butler, Fyre, Vanderwood, and Bergmann favored the
annexation. Commissioners Peterson and Moen had concerns because of
the different districts involved.
t * Commissioner Bergmann moved and Commissioner Vanderwood seconded to
forward CPA 9--85 and ZC 11-95 to City Council, adding the additional
properties who wish to be annexed to the City of Tigard, with a
recommendation for approval. Also, ask City Council to attempt
action to mitigate the concerns regarding split districts for
schools, recreation districts, and water districts. Motion carried
by majority vote of Commissioners present, Commissioners Moen and
Peterson voting no, Commissioner Owens abstained.
5.2 ZONE CHANGE ANNEXATION 7.CA 12-85 KEVIN PERRIN/DANIEL SCHENK NPO # 2
A request to annex .80 acres into the City of Tigard and to change the
zoning designation from Washington County R-5 to City of Tigard R--4.5.
The property is located on the north side of SW North Dakota, north of SW
92nd Ave. (WCTM 1S1 3508 lot 8400) .
Senior Planner Newton made staff's recommendation for approval with two
conditions.
APPLICANT'S PRESENTATION
o Kevin Perrin, 9401 SW 4th, Portland, 97219, explained that they would
like to annex to the City so sewer would be available to the property
to make it saleable.
PUBLIC TESTIMONY
o Beatrice B. Shewmaker, 11270 SW 92nd, opposed the annexation. She
' did not feel the property was buildable because of the water problem.
'. PLANNING COMMISSION MINUTES August 6, 1985 Page 2
o Steve Scarratt, 91.65 SW North Dakota, opposed the annexation because
of the condition of the road and the water problems. Also, lots
7900 and 8100 had been built on and the houses have been vacant for
two years. Discussion followed regarding the condition of the road.
o Jan Scarratt, 9165 SW North Dakota, opposed the annexation. She felt
the property should be left as open space/greenway because of the
water problems.
o Alan DeRosia, 9205 SW North Dakota, opposed the annexation because he
felt the lot was unbuildable because of the water problems. He was
told the street would be improved when he purchased his property and
nothing had been done. Discussion followed regarding the drainage
problem.
REBUTTAL
o Kevin Perrin, sympathized and agreed with the surrounding property
owners. Fie felt if he was annexed, steps could be taken to alleviate
the road and drainage problems.
PUBLIC HEARING CLOSED
o Discussion followed regarding annexing the street, and how to ensure
that the drainage problem would be resolved prior to development of
the property.
o President Moen, suggested that the adjoining property owners who were
in the County might join in the annexation, as he felt the City would
be more willing to resolve their problems.
* Commissioner Butler moved and Commissioner Paterson seconded to
forward ZCA 12-85 to City Council recommending approval, adding that
as much of North Dakota be annexed as possible; and modifying
condition number two so that the drainage concerns be addressed prior
to development of the property. Motion carried unanimously by
Commissioners present.
RECESS: 8:50
RECONVENE:: 9:00
5.3 ZOA 4--85 CITY OF TIGARD COMMUNITY DEVELOPMENT COOF
Review of Chapters 18.56, 18.58, 18.136, 18.142, 18.64, 18.114, 18.106,
18.48, 18.54, 18.60, 18.62, 18.68, 18.70, 18,72.
Senior Planner Newton reviewed staff's proposed changes. "
PUBLIC TESTIMONY
a Geraldine Ball, NPO # 4, commented that they were concerned with
directional signs allowing the names or logo to be displayed.
( PUBLIC: NEARING CLOSED
L -
ki
a
'� PLANNING COMMISSION MINUI"ES August 6, 1995 Page I
a Lengthy discussion followed regarding 18. 136 Annexations. Consensus
of the Commission was to have the request for comments sent to all
Planning Commissioners and that the Commission should have the
ability to call the annexation up for review.
o Discussion followed regarding 18. 142 Home Occupations. Commissioners
voted 4 to 3 to delete (b) (1), which would require a non conforming
Home Occupation to come into conformance within five years.
o Discussion followed regarding 18.114 Signs. Commissioners voted 5 to
2 to limit directional signs to 4 sq. ft. and not allow copy or logos
on the directional signs.
o Discussi.on followed regarding 18.106 Parking and Loading. Consensus
of the Commission was not to allow a gravel surface for storage areas
for recreation vehicles, non—operating vehicles, and fleet vehicles.
Commissioner Moen moved and Commissioner Bergmann seconded to forward
ZOA 4-85 to City Council recommending approval with the Commission's
modifications. Motion carried unanimously by Commissioners present.
6. OTHER BUSINESS
o The Commission reviewed the resolution prepared by Commissioner Fyre.
* Commissioner Fyre moved and Commissioner Vanderwood seconded to adopt
the resolution as prepared and to forward a copy to the State Highway
i Division, Washington County, City of Beaverton. and the Tigard City
Council. Motion carried unanimously by Commissioners present.
o Discussion regarding NPO M 2 no longer having any members.
Commissioner Owens moved and Commissioner Butler seconded to
recommend to City Council that NPO N 2 be permanently dissolved and
incorporated into N u's 7. 1, and 3. Motion carried by majority
vote, Commissioner Bergmann voting no.
7. Meeting adjourned 10:05 P.M.
.1Jt
UL/I _r
Diane M. Jeiderks, Secretary
ATTEST:
A. Donald Moen, President
r_
t 1703P
dmj
PLANNING COMMISSION MINUTES August 6. 1985 Page 4
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PUBLIC WORKS OPERATIONS
t FUEL USED
For Month of: August 1985
DATE: 9/6/85 tb
Gallons Monthly
UsLult Dept. Gallons X yr-to-date $ Amount Account Number
PWWW 252.6 . 12 1 450.5. 10.2 1200-6 11
PWST 256.9 . 12 508.2 10-21300-611
PWSS 20. 7 .01 32 . 7 10.21500-611
PWP 165:3 .08 309.9 10.2 14 00-6 1 1
ADM 15.9- .01 48.6 10.32000-611
ENG. 72.6 .03 153.3 10-22400-611
BLDG 95.3 .04' 308.8 10,42200-611
PD 1. 166; 1 ,54 2,385.6 10-11200-611
PD 104.8 1,05 206.8 10.11300-611
Coni Dev 5.2 i-00 5.2 10.21100-611
P.W. Admin.
Fin. b Serv. 7.9 .00 19 .9 10-12100-611
i0-13000-611
Municipal Ct
Plan. 6 Den.• 3.3 .00 5.0 10-22300-611
.00 11.2 10-31000-611
Mayor i Coon. 4.3
Fin 6 Sery-SS .6 .00 1:4 10-12300-611
Civic Center .6 .00 •8 10-
TOTAL
2, 172. 1 (1. 128 per gallon)
CC: Frank Currie GALLWS IN: 2,34 6
Jerry McNurlia
Capt. Jennings CALLIXi3 OUT: (2,172. 1)
Cpl` Meyers NE?•
Cindy Cranston
s
P1.,ht.IC uoRK!, ()i'FF.AI1J:<a
Montt, of August 1985
Date _9113/85 m4tntes%ance Report
CURRENT MONTH ( .lul) PWO Tp TOTAL
PWO P0
O11 23.63 43.53• 67. 16 . . 67,55
8 res 59.00 59.00 3"4:_ 423.00 423.00
Maint. '
abo
Maint. 55 213,
darts 68.62 123.60 192.22 68.62 144
*Cpatr --- � n
Labor
Repair
` porto 563.36 506.43 1 069.79 1, 172
78
19toloms - " 282 .
} Mato
197 24
. 1 391. 16 2 550 "1 i •�k-- fi
'"•,rzqw_"
1,814.56 2,12 3.72 3,9 38 2 8 4,6 30:49 4;"M '15' -9 238,.6�4'J
F.
CC: Bill Monahan
Bob Jean
PD
D .t:
.ti i
C17YOF TIGARD
MONTHLY REPORT WASHINGiONCOUNTY.OREGON
DATE: 9/13/85 For Month of: August 1985
OPERATIONS OFFICE
WASTE WATER: 2. 1.2
94.0 hrs T.V. Inspection
166.5 bra Sanitary Sewer Clean
4.0 bra Sanitary Repairs
40.0 bra Catch Basin
107.5 bra Manhole Repairs
6.0 bra Flooding
40.0 hre Ditching
STRESTSs 2.1.3
65.0 .hre Street Cleaning 10.0 bra Community Service labor
45.5 hra Pmtchtng
84.0 his Painting b Streit Marking
45.5 Tiro Sign Ztatntenance
#64.5 hzs R.ruuhLng LikUing
37:5 hrs Grading b hocking
2.0 hrar Kridgn' 'Hainto"nee
PARKS: 12. 1.4 GREEN THUMB LABOR
12 7.0 hra Xining 99.0 his Mowing
68wa "a Iriliation . 15.0 hra Irrigation
75.0:' hra Rontroom ?CaU . 48.0 hro Raatroon Maint.
16.0 hsa• au. Llding 'llaint. . 2.0 hra Building Maidt.
2.0 hra Re.. Equip. Xitni. 1:0 hr Rae. Equip. Maint.
76:10 hxw Lanascaping 3.0 hrs Landscaping g.
15.0 his Tiatl 'Mai�at. 42.5 hra C6um*unity Serv. labor
SUPPORT 98JLVICE3: 2. 1,5 A
19.4 bra PH as Equipment
154 -.hra tohadu1a.d Repair
13.•0. hire Unee"duled Repair.
k
71.3. hrar 'a'eneral Sipport
�.'
12756&W ASH P.O.9M 23397 TX ARD.OFW-(M 57223 F�F1:lfS4-4S 71
Jj �
r
MEMORANDUM
CITY OF TIGARD, OREGON
{
TO: Mayor and City Council September 19, 1985
FROM: Jerri L Widner, Finance Director ""
SUBJECT: MONTHLY DEPARTMENTAL SUMMARY - AUGUST, 1985
The month of August was spent working on the audit report for fiscal year
1984-85. The report is to be presented to City Council in October.
The insurance claims report from the insurance agent had not been received at
this time--the report will be submitted next month.
In August, 69 purchase orders were processed. There 7 recruitments, 5 hires
and 3 terminations.
Word processing handled 9,751 pages of documents during the month with a
turnaround time of 5.8 hours. Emergency requests accounted for 55% of the
time spent.
Two regular part-time accounting clerks were hired to replace one full time
accounting clerk. Due to the record-keeping requirements and other
requirements of the Fair Labor Standards Act, I felt we needed to separate the
functions of the former position. Thus far, it is working. We also replaced
the billing clerk. Randy Stevens terminated her employment with the City
August 22, 1985. She decided to move to Tacoma, Washington and pursue
additional education.
JLW:jw (1074F)
(" MEMORANDUM
CITY OF TIGARD, ORDGON
i
TO: City Administrator/City Council September 18, 1985
FROM: Chief of Police
SUBJECT: Monthly Report - August 1985
Residential burglaries have slowed down some as catpared to June and July.
However, cam ercial burglaries have increased. Apparently the main target
properties have been personal computers and accessories. Investigations are
closing in on suspects.
Selection of the two new police officer positions has been determined, and are
Officer Peter LaFYanchise and former Tigard Police Reserve Officer Gary Wayt.
They will start duty on Septen ber 1, 1985.
,01
��4
CITY OF TIGARD, OREGON
{ COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 23, 1985 AGENDA ITEM
DATE SUBMITTED: September 16, 1985 PREVIOUS ACTION:
ISSUE/AGENDA TITLE: Notice of
Decision — SDR 11-85 Kaiser Health PREPARED BY: Community Development
Plan REQUESTED BY:
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
POLICY ISSUE
— � INFORMATION SUMMARY
Attached is the Notice of Decision for Site Development Review SDR 11-85 for
Kaiser Health Plan to construct a 7,000 square foot dental office and related
facilities located at 7105 SW Hampton St.
ALTERNATIVES CONSIDERED
1. Receive and File.
2. Motion to remove from Consent Agenda and call up for Council review at a
later meeting.
SUGGESTED ACTION
Receive and file.
(1860P)
CITY OF TIGARD
NOTICE OF DECISION
SITE DEVELOPMENT REVIEW SDR 11-85
APPLICATION: Request by Kaiser Health Plan to construct a 7,000 square foot
dental office and related facilities on property zoned C—P (Commercial.
Professional) and located at 7105 SW Hampton St. (WCTM 2S1 1AC, Tax Lot 1200
and 1300) .
DECISION: Notice is hereby given that the Planning Director for the City of
Tigard has APPROVED the abov,- 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 cases have been reviewed by the City
regarding the subject property.
2. Vicinity Information
The surrounding properties are zoned C—P (Commercial Professional)
and office uses are immediately east and west of the subjoct
property.
3. Site Information and Proposal Description
The property is occupied by a single family residence. The
applicant proposes to remove the house and construct a dental
clinic. A parking area will abut the building on the south, east,
and west, and two driveways are contemplated on Hampton Street.
4. Agency and NPO Comments
The Engineering Division indicates that construction plans for
storm and sanitary sewer as well as driveway curb cuts must be
approved prior to issuance of building permits.
The Building Inspection Division and NPO ii 4 have no objection to
the request.
0. ANALYSIS AND CONCLUSION
The proposed clinic is consistent with Community Development Code
standards for access, landscaping, setbacks, and lot coverage. The
City's parking standards have also been satisfied except for the lack of
bicycle parking spaces. The Code requires one secure bicycle rack space
for every 15 required vehicle spaces. Since a minimum of 35 vehicle
spaces is necessary, two bicycle rack spaces are required. The site
plan should be amended to include the location of the bicycle parking.
NOTICE OF DECISION — SDR 11-85 PAGE 1
C. DECISION
The Planning Director approves SDR 11-85 subject to the following
conditions:
1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO
ISSUANCE OF BUILDING PERMITS.
2. Standard half-street improvements including construction or
re-construction of sidewalk, curb, driveway aprons, and utilities
shall be installed along the SW Hampton Street frontage. Said
improvements along S.W. Hampton Street shall be built to City of
Tigard standards and conform to the alignment of existing adjacent
improvements.
3. Five (5) sets of plan-profile public improvement construction
plans and one (1) itemized construction cost estimate, stamped by
a Registered Professional Civil Engineer, detailing all proposed
public improvements shall be submitted to the Engineering Section
for approval.
4. Sanitary and storm sewer (plan-profile) details shall be provided
as part of the public improvements and building plans.
5. Construction or re-construction of proposed public improvements
shall not commence until after the Engineering Section has issued
approved public improvement plans. The Section will require
posting of a 100% Performance Bond and the payment of a permit
fee. Also, the execution of a street opening permit 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.
6. A revised site plan shall be submitted for Planning Director
appoval which indicates the location of a minimum of two bicycle
rack spaces. The bicycle rack design shall -also be submitted for
approval.
7. The landscaping material shown on the plan submitted by the
applicant shall be installed prior to occupany of the clinic. _
8. 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
Hall and [nailed to: =;
�f
f
SDR 11-55 PAGE 2
NOTICE OF DECISION - -
XX The applicant 6 owners
XX owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
2. Final Decision:
THE DECISION SHALL BE FINAL ON September 23, 1985 UNLESS AN APPEAL
IS FILED.
3. Appeal'
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.
The deadline for filing of an appeal is 4:30 P.M. 9/23/85
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.
9/13(,85
Willi A. Monahan, Director of Community Development DATE APPROVED
(KSL:dmj/1840P)
N n -
A
M
~ a
N
� I
NOTICE OF DECISION - SDR 11-85 PAGE 3
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
f
AGENDA OF: 9/23/85 AGENDA ITEM
DATE SUBMITTED: 9/17/85 PREVIOUS ACTION: Res. 85-72
ISSUE/AGENDA TITLE:
Wastewater Utility PREPARED BY: Bob Jean
Advisory Committee REQUESTED BY:
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
POLICY ISSUE
N/A
INFORMATION SUMMARY
Some drafting errors in the original resolution need to be corrected.
Resolution 85-72 is repealed and replaced with new Resolution.
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
Motion to:
Repeal Res. 85-72 and pass new Resolution.
(BJ:pm/0971p)
CITY OF TIGARD OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 23, 1985 AGENDA ITEM #:
DATE SUBMITTED: September 19, 1985 PREVIOUS ACTION:
ISSUE/AGENDA TITLE: Review
City--wide Questionnaire First PREPARED BY: Donna Corbet
Draft REQUESTED BY: Counci
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
~ POLICY ISSUE
Council decided to conduct a City-wide questionnaire
INFORMATION SUMMARY
The Boards and Committees, staff and counsultant have prepared a first draft
of the Questionnaire. Council comment and input at this time is requested. A
final draft will then be prepared by September 26 for approval on September
30. Questionnaire results will be ready by November 4 for presentation to the
Council and Budget Committee on November 6.
ALTERNATIVES CONSIDERED
N/A
SUGGESTED ACTION
Discuss and direct staff revisions as necessary.
Pulse Research
CITY OF TIGARD COMMUNITY SURVEY
PRELIMINARY SURVEY
for editing purposes only!
A. DEMiOGRAPHIC QUESTIONS: (fVC"E- MQP)
1. WHAT AREA DO YOU LIVE I N? (Oq kVAk=4zBKfa,�
NPO-1 . . . . . . . . . . . . . . . . . E31 NPO-5. . . . . C35
NPO-2. . . . . . . . . C32Tfl!Pc
etzger CPO. . . . . . . . . . . 136
NPO-3. . . . . . . . . . . . . . . . . C]3 ther 137
NPO-4. . . . . . . . . . . . . . . . . [74
Fa /- -----------------
2. WHAT IS YOUR SEX? 7
Male. . . . . . . . . . . . . . . . . . C31 Female. . . . . . . . . . . . . . . . [32
3. WHAT IS YOUR AGE?
Under IS. . . . . . . . . . . . . . 131 45-54. . . . . . . . . . . . . . . . . 135
16-24. . . . . . . . . . . . . . . . . 132 55-64. . . . . . . . . . . . . . . 136
T
25- •4. . . . . . . . . . . . . . . . . 0 33 Over 65. . . . . . . . . . . . . . . [37
35-44. . . . . . . . . . . . . . . . . [34
4. APPROXIMATELY, WHAT WAS YOUR TOTAL FAMILY INCOME BEFORE
TAXES IN 1964?
Undor $15,000. . . . . . . . . [31 $50,000 to $74, 999. . . . [36
$15,000 to $19,000. . . . 032 $75,000 to 5100,000. . . 137
$20,000 to $24,999. . . . 133 $100,000 to $250,000. . [36
$25,000 to $34,999. . . . [34 $250,000 to s500,000. . C39
$35,000 to $49,999. . . . 135 Over $500,000. . . . . . . . . [310
5. HOW LONG HAVE YOU LIVED IN THE TIGARD AREA?
Less than 6 months. . . . C31 3 to 5 years. . . . . . . . . . C34
6 months to 1 year. . . . E32 6 to 10 years. . . . . . . . . C35
1 to 2 years. . . . . . . . . . C33 Over 10 years. . . . . . . . . C36
6. HOW OFTEN DO YOU VOTE?
Every election. . . . . . . . C31 So: elections. . . . . . . . E33
Most elections. . . . . . . . 132 Never vote. . . . . . . . . . . . E34
7. HAVE YOU HAD CONTACT WITH THE TIGARD POLICE
DEPARTMENT FOR ANY REASON IN THE PAST YEAR?
Yes. . . . . . . . . . . . . . . . . . . E31 No. . . . . . . . . . . . . . . . . . . . 132
- 1
C. TIGARD LIBRARY QUESTIONS:
In January 1986 the Tigard Public Library will move into a new
facility that is more than twice as large as the present library.
Your library board NEEDS YOUR HELP in making decisions on what
programs you want most at your new library.
B. DO YOU OR MEMBERS OF YOUR FAMILY CURRENTLY USE THE
TIGARD PUBLIC LIBRARY?
Yes, weekly. . . . . . . . . . . . 131 Yes, couple times/yr. . [34
Yes, monthly. . . . . . . . . . . [32 Do not use library. . . . [35
Yes, every other month. C33
9. WHAT DO YOU USE TA LIBRARY FOR?(check all that apply)
General books. . . . . . . . . 131 Reference resource. . . . [37
Children's books. . . . . . [32 Telephone books. . . . . . . C38
Magazine/Periodicais. . C33 Educational guidance. . C39
Education programs. . . . [34 Fix-it books. . . . . . . . . . E310
Children's programs. . . [35 Other-----------------[311
Job information. . . . . . . [16
i(ivAiLU
10. WHAT DO YOU LIKE MOST ABOUT THEALIBRARY AND IT'S
SERVICE? (check: all that apply)
General books. . . . . . . . . 131 Children programs. . . . . 135
Children books. . . . . . . . E32 Reference resource. . . . 136
Magazine/Periodicals. . [33 Other--------------p__C37
Education programs. . . . [34
11. WHICH OF THE FOLLOWING WOULD YOU ATTEND AT THE LIBRARY
OR LIKE TO SEE AVAILABLE AT THE LIBRARY?
Historical programs. . . [31 Use computer/printer. . 134
Drama programs. . . . . . . . [32 Films. . . . . . . . . . . . . . . . E35
Lectures. . . . . . . . . . . . . . C33 Book review/study grpsC36
12. DO YOU THINK THAT TAX MONEY SHOULD BE SPENT ON VIDEO
CASSETTES OF VINTAGE MOVIES, EDUCATIONAL SUBJECTS OR
CULTURAL PROGRAMS?
Yes, definitely. . . . . . . 131 No, definitely. . . . . . . . E34
Yes, probably. . . . . . . . . [32 Don't know. . . . . . . . . . . . E35
No, probably. . . . . . . . . . C33
13. WHAT WOULD YOU LIKE TO SEE DIFFERENT AT THE NEW
LIBRARY?
Longer hours. . . . . . . . . . 131 Place to read/study. . . C34
More adult fiction. . . . C32 Assistance in locatingC35
More young adult booksC33 Other-----------------C36
2
14. TO SAVE TAX DOLLARS, WOULD YOU VOLUNTEER FOR ANY OF
THE FOLLOWING PROGRAMS?
Teach a literacy program. . . . . . . . . . . . . . . . . . . . . . . . . . [31
My Name/Phone #-------------------------------------
Assist with operational tasks. . . . . . . . . . . . . . . . . . . . . 132
My Name/Phone #-------------------------------------
Sorry, can not help at this time. . . . . . . . . . . . . . . . . . []'
15. DO YOU THINK THAT TAX DOLLARS SHOULD BE SPENT ON AN
AFTER SCHOOL OR LATCH KEY PROGRAMS FOR CHILDREN?
Yes, definitely. . . . . . . 131 No, definitely. . . . . . . . 134
Yes, probably. . . . . . . . . 132 Don't know. . . . . . . . . . . . [35
No, probably. . . . . . . . . . [33
D. TIGARD PARKS AND RECREATION:
16. DO YOU FEEL THE CITY OF TIGARD SHOULD SPEND TAX
DOLLARS ON RECREATION PROGRAMS?
Yes, definitely. . . . . . . 131 No, definitely. . . . . . . . 134
Yes, probably. . . . . . . . . [32 Don't know. . . . . . . . . . . . E35
No, probably. . . . . . . . . . CJ3
17. WOULD YOU SUPPORT THE CITY OF TIGARD PARTIALLY FUNDING
WITH TAX DOLLARS ANY OF THE FOLLOWING PROGRAMS?
Soccer. . . . . . . . . . . . . . . . 171
Little League. . . . . . . . . 132
18. PLEASE INDICATE WHAT YOU FEEL SHOULD BE THE LEVEL OF
MAINTENANCE FOR THE FOLLOWING PARKS. If you feel
weekly maintence put 52 after the park, if every two
weeks put 26, if monthly put 12, if quarterly put 13
if semi-annually put 2, if yearly put 1.
Cool: Park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SWMriake Park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . --
Jack Park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . --
Woodard Park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . --
Englewood Park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . --
Greenway Park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . --
19. THE TUALATIN HILLS PARK AND RECREATION DISTRICT LEVELS
A TAX OF ABOUT $1.50/$1000 OF ASSESED VALUE ($105 per
household) , ESTIMATES ARE THAT THE CITYOF TIGARD COULD
PROVIDE A BASIC RECREATION PROGRAM FOR 30 CENTS/$1,000
OF ASSESSED VALUE ($21/per household) . WHICH OF THE
FOLLOWING WOULD YOU FAVOR?
No city tax supported recreation program. . . . . . . . . . C31
Volunteer program, some city help, no tax dollars. C32
A basic recreation program (30cents/$1,000) . . . . . . . C33
A full city recreation program(75cents/$1,000) . . . . C34
Don't know. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [35
3
f
E. GENERAL. FUNDING AND SERVICE PROGRAMS:
20. PLEASE INDICATE WHICH ARE THE 5 MOST IMPORTANT USES
OF STREET FUND TAX DOLLARS? (check 5 only)
Street sweeping. . . . . . . 131 Street signs. . . . . . . . . . C3b
Pothole patching. . . . . . 132 Neighborhd strt lightsC37
Bike paths. . . . . . . . . . . . E33 Arterial street light5138
New traffic signals. . . 134 Asphalt overlays. . . . . . [39
Intersection improvmntC35 Other-----------------1310
21. IS STORM DRAINAGE IN YOUR NEIGHBORHOOD ADEQUATE?
Yes, always ok. . . . . . . . 131 No, severe problems. . . 134
Yes, most of the time. C32 Don' t know. . . . . . . . . . . . C35
No, frequent problem- 13-3
If you answered no above, please indicate your
street address and phone # or call XXX-XXXX.
_-__--_----.__---_----_.-----a phone #..............
22. ARE NEIGHBORHOOD COMMERCIAL SHOPPING AREAS ADEQUATE
IN YOUR AREA?
Yes, can get most convenience items near by. . . . . . . C31
Satisfactory, can get some convenience items. . . . . . 132 '
No, have to travel too far to get items. . . . . . . . . . . C33
Don't know. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [34
23. PLEASE INDICATE YOUR OPINION ABOUT THE FOLLOWING
CITY SERVICES REGARDING FUTURE TAXES. After each city
service or program, please indicate if you feel the
service could be cut back, is ok as is or you would
support additional tares for more service. -
CUT OK MORE
POLICE PROGRAMS/SERVICES:
Neighborhood Crime Watch. . . . . . . . . 131 132 133
Traffic enforcement. . . . . . . . . . . . . . E31 132 133
Neighborhoold patrol . . . . . . . . . . . . . 131 132 133 -'
Burglary investigations. . . . . . . . . . 131 132 133
Serious crime investigation. . . . . . [31 132 133
Police Department Generally. . . . . . 131 132 133
LIBRARY PROGRAMS/SERVICES:
Children's programs. . . . . . . . . . . . . . 131 132 E33
Teenage Youth pro rams. . . . . . . . . . . C31 132 C33
General reading X` XXXX . . . . . . . . . C31 C32 E33
CITY HALL:
Office hours. . . , . . . . . . . . . . . . 131 132 133
Customer service/utility quest. . . C31 E32 C33
Citizen information & complaints. 131 132 C33
Parks maintence. . . . . . . . . . . . . . . . . . 131 E32 173
Recreation programs. . . . . . . . . . . . 131 C32 133 _
Code enforcement (business, door to door a
sales,sign, building, health/safety,
tax, solicitation, etc. . ) . . . . [31 C32 C33
4
_xa�_
k,
F. CITY POLICY QUESTIONS:
In the last 5 fiscal years, the cities operating budget has
grown by 7% total . (3.7 million to 4 million) . During the
same period the cities population has increased 38% (14,500
to over 20,000) .
24. WOULD YOU SUPPORT A NEW CITY TAX BASE WITH ALL OF THE
INCREASE GOING TO RESTORE CUTS AND IMPROVED SERVICES FOR
POLICE, LIBRARY, SENIOR CENTER, TIGARD YOUTH SERVICE AND
PARKS AND RECREATION?
Yes, definitely. . . . . . . Ell No, definitely. . . . . . . . 134
Yes, probably. . . . . . . . . 132 Don't know. . . . . . . . . . . . 115
No, probably. . . . . . . . . . 133
25. IF NO, WOULD YOU SUPPORT AN)f ADDITIONAL TAX LEVY FOR
ANY OF THE FOLLOWING: (check: all that appl , i
Police. . . . . . . . . . . . . . . . 131 Parks maintenance. . . . . [35
Library. . . . . . . . . . . . . . . 132 Recreation. . . . . . . . . . . . C36
Senior Center. . . . . . . . . 133 Other-----------------137
Tigard Youth. . . . . . . . . . 134 Not at all . . . . . . . . . . . . EIS
G. OTHER QUESTIONS:
26. HAS THE OFFICIAL CITY OF TIGARD NEWSLETTER, ALL ABOUT
TOWN, BEEN HELPFUL TO IN PROVIDING INFORMATION TO YOU?
Yes, definitely. . . . . . . 131 No, definitely. . . . . . . . 134
Yes, probably. . . . . . . . . . . . . . . . .
. C32 Don't read. . . C35
No, probably. . . . . . . . . . E33
27. HAVE YOU WATCHED ANY CITY OR LOCAL GOVERNMENT PROGRAMS
ON CABLE TELEVISION?
Yes, frequently. . . . . . . 131 No, never. . . . . . . . . . . . . C33
Yes, couple of times. . []= Don't know about. . . . . . 134
Don't have cable television at my home. . . . . . . . . . . . [35
28. MAJOR PROBLEM IN THE FUTURE FOR THE COMMUNITY:
-----------------------------------------------------
-----------------------------------------------------
-----------------------------------------------------
29. ANY OTHER COMMENTS:
-----------------------------------------------------
-----------------------------------------------------
-----------------------------------------------------
r 5
s'
s
ACCESS EASEMENT
KNOW ALL MEN BY THESE PRESENTS THAT GENERAL TELEPHONE COMPANY OF
THE NORTIATEST, INC., hereinafter called the GRANTOR, for valuable
consideration, including all construction costs associated with widening
the roadway which is subject to this Easement and costs of altering the
landscaping and the traffic patterns in GRANTOR'S parking lot, placing
of traffic control signs, installation of gates, and walkways, all as
shown on the attached drawing, marked EXHIBIT "B", attached hereto and
incorporated herein as if fully set forth, from the city of Tigard,
hereinafter called GRANTEE, grants and conveys unto the city of Tigard
an Easement for the construction, maintenance and repair of, and free
access to, a roadway, on the following described parcel of land, situat-
ed in the city of Tigard, Washington County, state of Orion:
SEE EXHIBIT "A", attached hereto and incorporated herein by
reference.
IT IS EXPRESSLY UNDERSTOOD that this Easement does not convey any
right, title, or interest except those expressly stated in this Pasant,
nor otherwise prevent GRANTOR from the full use and dominion thereover;
provided, however, that such use shall not interfere with maintenance
and repair of, and access to, such easement.
IT LS FVC UNDERSTOOD AND AGREED that GRANTEE shall hold GRANTOR
harmless for any damage to persons or property, for any reasons, arising
out of the use of the easement by GRANTEE, or its employees, unless
GRANTOR acknowledges liability for such damages.
The maintenance shall be a shared responsibility of the parties and
each of the parties shall share equally the cost of maintaining the
easement The obligation to share maintenance costs shall begin when
the driveway is completed, and Grantor shall have sole discretion to
decide when such maintenance is required.
Each of the parties shall maintain liability insurance which, at a
mininum, meets the standard in the industry for the particular types of
uses for which the properties are used. The insurance policies shall
name the owner of the adjoining parcel as an additional insured in
connection with the use of the easement.
After the passage of five (5) years from this date, Grantor shall have
the right to terminate this Easement upon written notice to Grantee,
given one (1) year prior to such termination.
IN CONSIDERATION of the premises, Grantee agrees that if said
Grantee, its successors or assigns should cause said easement to be
vacated, the rights of Grantee in the above-described easement will be
forfeited and shall immediately revert to Grantor, its successors and
assigns in the case of such event.
Grantor does hereby covenant to and with the city of Tigard, that
(R it is the owner in fee sinple of said premises; that the above-described
property is free from all encumbrances, and that it will warrant and
defend the same from all lawful claims whatsoever.
IN WITNESS WHEREOF, the under signed corporation has caused this
Easement to be executed by its duly authorized, under signed officers.
GENERAL TELEPHONE COMPANY OF THE
NOR' MMST, INC.
BY:
Its Vice President
BY:
Treasurer
LAZE:
Ski OF WLMMIUN
OOUNTY OF SASH
On this day of 1985before me, the
,
under signed, a Notary Public in and for the state of Washington, duly
oa:mnissioned and sworn, personally appeared
and , to me ]mom to be the Vice President and
Treasurer, respectively, of GENERAL TELEPHONE COMPANY OF MM NORTHWEST,
INC., the corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and
deed of said corporation, for the uses and Purposes therein mentioned,
and on oath stated that they are authorized to execute the said
instrument and that the seal affixed is the corporate seal of said
corporation.
Witness my hand and official seal hereto affixed the day and year
first mentioned above.
Notary Public in and for the state of
Washington, residing in
(NOMRIAL SEAL)
i
Approved as to form this 2 S day of S.'r�._�:,��_ �_�•s
19 •`;� .
'City Attorney, Ci of Tigard
�ved as to legal description this ,? —dayofAle
City
CiW of Tigard
Y
19 Accepted by the City Council this y of
i
4Record4wty2of Tigard
Q.
t _ EXHIBIT "A"
An Easement for access purposes over a portion of that certain tract of
land in the southeast quarter of Section 2, Township 2 South, Range 1
West, W.M., Washington County, Oregon, Conveyed to "General Telephone
Company of the Northwest, Inc." by deed recorded in Book 672, Page 400,
Washington County, Oregon, Deed Records, said portion being more
particularly described as follows:
Beginning at the most northerly northeast corner of said General
Telephone tract, said point being in the center of S.W. Burnham Street
(County Road 997) and running thence along the boundary of said tract,
South 2026100" West 476.10 feet and South 35024100" West 73.51 feet;
thence North 2026100" East, parallel with and 40.00 feet West of the
most Northerly, East line of said tract, 577.06 feet to a point in the
center of said S.W. Burnham Street; thence South 43005100" East, in the
center of said street 56.07 feet to the point of beginning.
Containing 21,063 square feet.
EXHIBIT '•B^
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TIGARD CIVIC CENTER �pSE1V1ENT PLA
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CITY OF TIGARD, OREGON
MEMORANDUM
TO: Honorable Mayor and City Council /� September 19, 1985
FROM: Donna Corbet, Executive Secretary It"
SUBJECT: 10/12 Workshop
The agenda items for the October 12, Council Workshop were to be given
to Mayor Cook for assembling and discussion during this item on the agenda.
�w
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 23, 1985 AGENDA ITEM #: �
DATE SUBMITTED: September 16, 1985 PREVIOUS ACTION: None
IS-.UE/AGENDA TITLE: Cotswald
Meadows No 2 Subdivision Compliance PREPARED BY: Community Development
Bond Authorize Mayor & Recorder
to Execute in City's Beahlf REQUESTED BY: John Hagman
DEPARTMENT' HEAD OK: VVI'' CITY ADMINISTRATOR:
POLICY ISSUE
w INFORMATION SUMMARY
1. The proposed Cotswald Meadows No. 2 subdivision is located on the west
side of SW 135th Avenue, southerly of SW Scholls Ferry Rd. The
preliminary plat has been approved by the City.
2. The attached Subdivision Compliance Agreement has been submitted by the
developers, as is required by the City, to assure completion of
installation of all public facilities within the proposed subdivision.
The developers desire to construct all required public improvements
prior to recording of the plat (subsequently, it is riot mandatory that
they post a performance bond).
3. Construction plans are ready to be issued and all required public
improvement fees have been paid.
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
Authorize the Mayor and City Recorder to execute the Subdivision Compliance
Agreement for Cotswald Meadows No. 2.
(JH:br/1863P)
t '
SUBDIVISION COMPLIANCE AGREEMENT
THIS AGREEMENT dated the J�23�-j - day of S _r- . 1985
between the CITY OF TIGARD. a municipality of Ore on. hereinafter termed the
"CITY". and Krueger Development co and OR-AK Corporation
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 Cotswald Meadows No. 2, in
Section 33 Township 1 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.
fit NOW. THEREFORE, in consideration of the foregoing premises and the
covenants and agreements to be kept and performed by the Petitioner and its
sureties, IT IS HEREBY AGREED AS FOLLOWS:
(1) Petitioner shall proceed with the development, with the intent and
purpose to complete all public improvements except sidewalks and street trees
of said subdivision not later than two (2) years from the date of this
agreement, and Petitioner is hereby bound to comply with all subdivision
standards as set forth in said Subdivision Ordinance and the standard
specification adopted by the City of tigard, or as may be otherwise approved
by the Public Works Department and to use only such material and to follow
such designs as may be required to conform thereto. Petitioner shall provide
certification of installation conformance, via a registered civil engineer, to
the City prior to City inspection of petitioners improvement work for City
tentative and final acceptance consideration.
(2) To assure compliance oxith the City's requirements and the provisions
hereof, Petitioner wi.11•tenddrj\ equesito the City a surety bond in form approved
by the City, with liability in rthe amount of $ 101, 140.25 prior to recording
of the subdivision plat.
(3) In the event that Petitioner shall fail, neglect or refuse to proceed
with the work in an orderly and progressive manner to assure completion within
the time limits, upon ten (10) days notice by the City to Petitioner and
Petitioner's sureties, and such default and failure to proceed continuing
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, both in the Trial Court and
Appellate Court, if any.
(4) Petitioner, concurrent the with execution hereof, has deposited with
the City an amount estimated to equal rental and maintenance fees with respect
to the street lighting facilities within the subdivision, according to
Portland General Electric Schedule 091, 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 $ 447..36
(5) The City agree§ 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
® $ 443.00
(7) At such time as all public improvements except sidewalks and street
trees within the subdivision have been completed in accordance with the City's
requirements, Petitioner shall submit a "certificate of installation
conformance to the City to notify the City of the readiness for acceptance
consideration .inspection and upon notification by the Department of Public
Works that the requirements of the City have been met, the Petitioner will
submit to the City a good and sufficient maintenance bond if not already
provided with the performance bond, form approved by the City, in the -sum of
$ 20,228.00 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 Ordinance and the provisions hereof, Petitioner binds
itself to conform to the following requirements, scheduling and limitations:
*Project Fee $ 3, 153.66
®� Sewer Fee s 91.95
— 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 a occupied, is installed as a
part of the development; provided that all sidewalks as required by the plans
and subdivision code shall be installed throughout said subdivision not later
than 3 years from.the date of this Subdivision Improvement Contract.
(b) All landscaping trees on that portion of each lot between the
public sidewalks and the curb (parking area) is required. shall be planted in
place prior to final inspection and issuance of occupancy permit for each such
lot in the 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 an asphaltic concrete Class "B" 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).
4
(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
motion of i s Council adopted at a meeting thereof duly and regularly held
on the day of � re,,6 19�_. has caused this
agreement to be executed by itsl Mayor and Recorder.
Kr Development Co. OR-AK CORPORATION
By
: By: '40!
By: By:
THE Ct TY OF TIGARD. OREGON
By: Mav
or Q
By
Recorder
(Attach Notary Acknowledgement hereto)
4
Return signed copy to: Krueger Development co. & OR-AK Corp.
Z 3515 SW Barbur Blvd. Y-1
Portland, OR 97201
(00705)
- 4 -
MEMORANDUM
f CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council September 19, 1985
FROM: Loreen Wilson, Deputy Recorder
SUBJECT: Charter Revisions
Due to time constraints, staff is unable to supply ballot questions for your
approval Monday evening. We will hand—carry a copy of the suggested Charter
language revisions which would become effective upon passage of the ballot
measures in November. This will be for your review and comment. Ballot
measures will be presented at the 9/30/85 meeting and must receive approval
that evening if they are to be included on the 11/5/85 ballot. Staff also
hopes to know whether the MSTIP measure will be included on the November
ballot by Monday evening.
Consent agenda title should be changed to read, "receive and file proposed
Charter language".
lw/3214A
O'DONNELL. RAM1S. DATE September 23, 1985 1 _C7
ELLIOTT & CREW
ATTORNEYS AT LAW TO Tigard City Council
1727 N.W. HOYT STREET
PORTLAND. OREGON 97209 FROM Tigard City Attorney
4`.. (503) 222-4402
RE Proposed Charter Amendments
This memorandum proposes specific language for Charter amendments
based upon the discussions at the last Council meeting. Please
consider this language, determine if it satisfies the intent of
the Council, and direct staff as to which proposals should go on
the ballot.
1. Clarifying filing deadlines and terms of office:
Section 7. MAYOR AND COUNCIL. The elective officers of
the city shall be a mayor and four councilors who together
shall constitute the City Council. Except for the mayor
and councilors holding office on the effective date of the
1982 Charter Amendment, and holding office continuously
since, [neither the mayor nor any councilor shall serve
the e c ty in such position for a period of eight consecutive
years, except for the filling of an unexpired term, and
except that any councilor may serve as mayor notwithstanding
eight years service as councilor. ] No councilor shall serve
the city as a councilor for more than ei ht consecutive
years, nor sha 1 the mayor serve in t at position for more
than four consecutive ears. In no case shall an erson
serve on t e City Counci1 for more than 12 consecutive years.
These limitations do not apply to the filling of an unexpired
term.
Add a further paragraph to Section 7:
At the time of filing, any councilor filing for mayor shall
file an irrevocable resignation from the office of councilor,
which is to carry an effective date prior to the date that
the next mayoral term begins No person may simultaneously
run for more than one elective office.
2. Creating a new position of finance officer and defining the
duties of finance officer and city recorder:
Section 10: OTHER OFFICERS. Additional officers of the
city shall be a municipal judge, a recorder, a finance
officer, and such other officers as the Council deems
necessary. Each of these officers shall be appointed and
may be removed by the Mayor with the consent of the Council.
The Council may combine any two or more appointive City
officers. The Council may designate any appointive officers
to supervise any other appointive officer except the municipal
judge in exercise of his judicial functions.
TVR:mch
9/23/85
Page 1
O'DONNELL. RAMIS. DATE September 23, 1985
ELLIOTT & CREW
ATTORNEYS AT LAW TO Tigard City Council
1727 N.W. HOYT STREET
PORTLAND. OREGON 97209 FROM Tigard City Attorney
( (503) 222-4402
RE Proposed Charter Amendments
Section 22. RECORDER. The recorder shall serve ex officio
as clerk of the Council, attend all its meetings unless
excused therefrom by the Council, keep an accurate record
of its proceedings in a book provided for that purpose,
and be the City' s elections officer. [and sign all orders
on the treasury] In the recorder's absence from a Council
meeting, the Mayor shall appoint a clerk of the Council
pro tem who, while acting in that capacity, shall have all
the authority and duties of the recorder.
Section 22A. FINANCE OFFICER. The finance officer shall
be responsible for the administration of the Cit ' s fiscal
unctions and shall sign all orders on the treasury._
3. Meetings:
Section 13. MEETINGS. The council shall hold a regular
meeting at least once each month in the City at a time and
at a place which it designates. It shall adopt rules for
government of its members and proceedings. The Mayor upon
his own motion may, or at the request of three members of
the Council shall, by giving notice thereof to all members
of the Council then in the City, call a special meeting of
the Council [not earlier than three (3) nor later than
seventy-two (72) hours after the notice is given] . In the
event of the physical absence of the Mayor from the City,
the Council President shall be empowered to call special
Council meetings in the same manner as the Mayor may call
such meetings.
4. Vote required:
Section 19. VOTE REQUIRED. Except as this charter other-
wise provides, the concurrence of a majority of the members
of the Council present and voting_ , when a quorum of the
Council is present, at a Council meeting shall be necessary
to decide any question before the Council.
5. Mayor and mode of enactment:
Section 20. MAYOR. The Mayor shall appoint the committees
provided by the rules of the Council. He shall sign all
approved records of proceedings of the Council and counter- '
sign all orders on the treasury. He shall have no veto
power and shall authenticate by his signature all ordinances
passed by the Council [within three days] after being.
enacted. After the Council approves a bond of a City
TVR:mch
9/23/85
Page 2
O'DONNELL. RAMiS. DATE September 23, 1985
ELLIOTT & CREW
ATTORNEYS AT LAW TO Tigard City Council
1727 N.W. HOYT STREET
PORTLAND. OREGON 97209 FROM Tigard City Attorney
(503) 222-4402
RE Proposed Charter Amendments
Officer or a bond for a license, contract, or proposal,
the Mayor shall authenticate the bond by his endorsement
thereon.
6. Requiring compliance with statutory elections procedures
and repev '_ing conflicting Charter revisions:
Delete Sections 23 - 27 and replace with the following
language:
Section 23 ELECTIONS Except as this charter provides
otherwise and the Council provides otherwise by order,
the general laws of the State shall apply to City a ections.
7. Mode of enactment:
Delete Section 35(2) and substitute the following language:
Section 35 (2) : Any reading may be by title only (a) if
no Council member present at the meetin re uests to have
the ordinance read in full or (b) if a copy of the ado
ordinance is pasted in at least three public places within
the city limits before it becomes law.
8. Reducing debt limitation:
Section 41 ... DEBT LIMIT. Except by consent of the voters,
the City' s voluntary floating indebtedness for general
city purposes shall not exceed [$5,000.001 $0.00- For
purposes of calculating the limitation, however, the
legally authorized debt of the City in existence at the
time this charter takes effect shall not be considered.
All city officials and employees who create or officially
approve any indebtedness in excess of this limitation
shall be jointly and severally liable for the excess.
TVR:mch
9/23/85
Page 3
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
c
AGENDA OF: September 23, 1985 AGENDA ITEM #: /-; ,/d
DATE SUBMITTED: September 19, 1985 PREVIOUS ACTION:
ISSUE/AGENDA TITLE: Training Request
APWA Fall Conference PREPARED BY: William A. Monahan
REQUESTED BY:
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
T POLICY ISSUE
The Oregon Chapter of the American Public Works Association, APWA, will be
held in Ashland on October 9-11. Jerry McNurlin and Bill Monahan of the
Community Development Department wish to attend. The cost per employee
exceeds $194.00.
_o~ INFORMATION SUMMARY
The Oregon APWA Conference this fall will be held in Ashland. It will provide
an opportunity for Jerry McNurlin and I to participate in several training
( sessions related to public works maintenance, i.e. , pavement, personnel, and
community relations. Jerry has attended sessions in the past, while this is
my first opportunity to receive training in the public works area.
Funds for training are available within both the Operations budget and
Community Development administration.
ALTERNATIVES CONSIDERED
1. Approve the request to send the Operations Superintendent and Community
Development Director to the fall conference of APWA.
2. Approve the training request for one representative.
3. Deny the request.
SUGGESTED ACTION
The staff recommends that both employees be permitted to attend the training
so that the first line supervisor and director both may enhance their
knowledge of public works operations management.
(WAM:br/1880P)
CITY OF TIGA I
EDUCATION/TRAINING REQUEST
This form is to be used for conferences, seminars, college classes and other
forms of either training or education. Documentation is required, a copy is
to be attached to this form. Attachments for mailing may also be attached. A
follow up report is required. A copy will be placed in your personnel file.
DATE OF REQUEST: 9/4/8-5 Requested by: Trudy Belcher
Vendor No. :
PAYABLE TO: APW A Fall Conference [ j Employee request attend
Al Alsing, Ashland Public Worlds J Employer required attend
20 E. Main Street For check run of
Ashland. OR 97520 ( ) Mail check
( J Notify dept. when ready
For: Bill Monahan & Jerry McNurlin
Vendor No. : Vendor No. :
PAYABLE TO: PAYABLE TO:
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Title of Program: APWA Fall Conference
Institution or organization Oregon Chapter A A
Registration Deadline Sept 15 . 198 raining Dates From: Oct 9 To; Oct , 1985
riscribe the purpose:
Is this related to [ j current position [ ) reasonable promotion or transfer?
Explain:
TRAINING COSTS: ( j to be advanced j J to be reimbursed after attendance
Account No. Amount
Registration or tuition.... . .... ................ *** see below $ 217.00
Books...................... .... ................. for breakdown
Travel (mileage, bus, train, airplane, etc.)....
Lodging.. . ................. .... ....... ..........
Per Diem.. .... ..................................
Other:
Total $
saaasaaaascessaamsssesaassasaaamassss:ss:samsaaaamaas:seas:asasasssaasamasassasaa
Authorizations: I(employee), understand and agree that if all conditions of
education/training policies are not met, I may be required to reimburse the
City for any expenditures made on my behalf.
Employee Signature: Date
Employee Signature ; Date
Appropriation balance: anager: approved ( j disapproved
Dept. Head: [ ) approved ( ) disapproved (explain):
Approp. Bal. 2. 1. 1. 625 $800,
�r 2 . 1.2. 625 500 ,
2. 1 3 625 300.
Finance Director:
*** 2. 1. 1--$72. 33 2. 1.2--$72 . 34 2 . 1. 3--72 .33
X
TENTATIVE SCHEDULE - FALL X85 CONFERENCE
Oct. 9, Wed. 12:00 to 6:00 p.m. Registration, golf, etc.
6:00 to 8:30 p.m. Social hour - vendors
8:30 to -- Free time
Oct. 10, Thurs. 7:00 to 8:00 a.m. Past Presidents & Board Breakfast
8:00 to 8:45 a.m. Continental breakfast - vendors
8:45 to 9:00 a.m. Welcome - L. Gordon Mederis
9:00 to 9:45 a.m. Opening address - Lou Hannum
9:45 to 10:15 a.m. Break
Thursday - continued �eSession 'BSession "A"
10:15 to 11:00 Computer Application Maintenancelurry ofpasphalng fabrics
11:15 to 12:00 TV - How to Use slurry Maintenance
paving fabrics
12:00 to 1:30 Lunch - National President Lunch - National President
1:45 to 2:30 Pavement Management Computer Application
( 2:30 to 3:00 Break
3:00 to 3:45 Newspaper - How to Use Pavement Management
4:00 to 4:45 Assertive Training Assertive Training
5:30 to 6:00 No Host Social Hour
6:00 to 7:00 Dinner Dinner
8:00 to -- Play Starts - Get there on time or you DO NOT get in!
Friday, Oct. 11
7:30 to 8:30 Business Meeting and Business Meeting and
Breakfast Breakfast
8:30 to 9:30 Film - Brooklyn Bridge Film - Brooklyn Bridge
9:45 to 10:30 Transportaion Utility Job Site Public Relations
10:30 to 11:00 Break
11:00 to 11:45 Preventative Maintenance of Personal Health Program
11:45 to 12:30 Check Out Check Out
12:30 to 2:00 Awards Luncheon Awards Luncheon
CITY OF TIGARD, OREGON
MEMORANDUM
TO: Honorable Mayor and City Council September 19,1985
FROM: Donna Corbet, Executive Secretary Ze-�
SUBJECT: OCTOBER NEWSLETTER
Attached is a rough draft of the October newsletter. The content and subject
matter needs tapproved. I will be rearranging some of the articles and
adding appropriate logos. , etc. If you have some editing or problems with
this please let me know by Tuesday, 9/24 at noon.
Thank you.
P
D RAFT
........................
t
KO
L ABOUT T X11
N
FFICIAL NEWSLETTER OF THE CITY OF TIGARD
OCT., 1985 1985/86 Vol . #3
PARKS AND RECREATION TOWN HALL
MONDAY, OCTOBER 7, 1985, 7:30 P.M. , FOWLER JUNIOR HIGH
The City of Tigard Parks and Recreation Board and the Tigard Chamber of
Commerce Public Affairs Committee are sponsoring a Town Hall workshop about
our Parks and Recreation programs. Concerned citizens from neighborhoods and
business interests are encouraged to attend.
CITY PARKS AND RECREATION FACTS:
Unit or Item Adopted 1981-82 Adopted 1985-86 Change
City Population 14,500 20,000 +38%
City Assessed Value $629 Million 925 Million +47%
City Operating Budget $3.7 Million $4 Million + 8%
City Park Acres 98 Acres 130 Acres +33%
Park Acres Maintained 29 53 +82%
Park Maintenance Employees 4 1 1/2 –62%
Employees: Acres Maintained 1:7 1/4 1:35 +400%
Park Maintenance Budget $137,839 $55,000 –60%
Mayor John Cook, speaking to the last Chamber of Commerce Public Affairs
Committee meeting, said:
"The last Tax Base adjustment by Tigard voters was in 1980 for fiscal year
1981-82. That Tax Base was planned to last for 2-3 years. Now, 5 years
later, we're still operating on that same base! In May, 1984 a new Tax Base
proposal failed by 6%. In November a lower proposal failed by 1%. Budget
cuts -- as a direct result of growth, inflation and no new Tax Base – have
hit Parks particularly hard.
"The 1983 Portland State University study found that Tigard's Parks and
Recreation Budget was 55% below county-gide averages for 1981-82, and we've
been forced to cut even further since then.
"Volunteers can and have helped alot -- Tigard Pride Committee's basketball
half courts, the Englewood Volunteers park reclamation project, Rotary,
Kiwanis, Howard William's "rib feed" for Windmill Park, and many others ---- but
not many want to volunteer for routine maintenance. We need stable, ongoing
funding — a new Tax Base or Levy — for our Parks and Recreation programs."
If you want to help be a part of the solution or just want to know more about
the problem, attend the TOWN HALL WORKSHOP, OCTOBER 7, 1985.
CABLE TV PROGRAMS EMPLOYEES RECOGNIZED
COVER CITY MEETINGS
Three City employees have been this last quarter as Employee-of-th recogniz�
The City of Tigard through the Metropolitan P
.MonthWe're roud of our City employees
Area Cable Commission (MACC) and Storer
Cable TV are taping and cablecasting many who have helped overall productivity
ou can't make the improvments of 25% these last few years.
City meetings. If y
meetings, now you can at least see what's Citizen service is our business, we just
s not the thought you might like to know something a
going on in our community. it,
Nightly News but it may affect you more! little more about those employees we think
just do it a little better.
City council business meeting are now o AL DICKMAN, Wastewater Utility Work r
routinely being cablecast on Cable Channel and Acting Crew Chief: Al's been with
8. Watch your local Cable TV listing in the City since February, 1979. Al's job
local papers for details or schedule is to keep storm drains and sanitary
changes. sewer lines clean. Al also is the one
Meetin of Cable Cast on who shows up if your sewer ever does
�— back up. In that sense, you may be glad
Monday 9/23 9/24-6:30 PM to never have to meet Al on the job, but
9/26-12:30 & 6:30 PM we' ll bet you're glad he's on the job
regularly preventing problems!
Monday 10/14 10/15-6:30 PM
10/17-12:30 & 6:30 PM o JOHN FEATHERSTON, Police Officer in the
Motorcycle Traffic Unit: John's a
Monday 10128 10/29--6:30 PM career police officer who's been with
10!31-12:30 & 6;3Q PM the City since December, 1972. John
prides himself on his professionalism
Monday 11/11 11/12-6:30 PM and calm manner. We actually g*0
11/14-12:30 & 6:30 PM compliments from citizens who g
traffic tickets from John!
Monday 11/25 11/26-6:30 PM
11!27-12:30 PM only o BOB T}iOMPS0N, Engineering Technician and
Inspector: Bob's one of our employees
This Summer's Transportation Committee Town who does double or triple duty and has
Hall meeting will be cable cast: been with the City since November,
1971. A skilled Engineering Tech-
Tuesday 10/8 12:30 & 6:30 PM nician, Bob reviews subdivision plans
and then does construction field
Thursday 10/24 12:30 & 6:30 PM inspections. Bob's also been cross-
training as a back-up Building Inspector.
The Parks and Recreation Town Hall meeting
from October 7, 1985 will be cablecast: Remember, we're here to help make Tigard an
even better community. If you've had a
Thursday 10/10 12:30 & 6:30 PM problem with the City, call us or drop us a
note so we can correct it. Conversely, if
Tuesday 10/22 12:30 & 6:30 PM we've done a really good job for you, you
might drop us a note about that too!
VOLUNTEERS NEEDED
1
Neighborhood Watch Steering Committee is up
and running. They are looking for inter-
ested persons to complete a city-wide net-
work of citizens to help keep crime down.
Please contact Tigard Police Department at
639-6168.'`
CITY RECEIVES AWARD
FOR TRAFIC SAFETY
BURN OR COMPOST The Oregon American Automobile Association
has recognized the City's traffic safety
fety is a prime concern during backyard engineering and traffic enforcement efforts
4irning season. with its Traffic Safety Award. This is the
second year in a row without a traffic
To prevent your home from becoming a fatality. TGgether — police, engineers and
statistic burning should be done only in a citizens -- we can improve the safety and
safe area, at least 50 feet from all liveability of our community.
buildings and fences and away from any
other combustible materials. Burn only on BREAKFAST WITH THE MAYOR
days with minimal wind to reduce the
possibility of spreading the fire caused by The second annual "Breakfast With The Mayor
blowing ash and to eliminate hazardous is being held at the Odd Fellows Hall, 13720
driving conditions caused by smoke blowing S.W. Pacific Hwy, on Saturday, October 19,
across roadways. A garden hose should be
hooked up and ready to use. The burn pile from 7:30 AM to 12 PM. "Flapjack" John Cook,
should be attended at all times. Following the Honorable Mayor of Tigard, will be
these simple tips will reduce the chances cooking up your favorite breakfast of
pancakes, scrambled eggs, sausage and milk or
that your burn pile will got out of control. coffee for the nominal fee of $2.50 for
Other options to burning debris include adults and $1.25 for children under 12.
bagging debris for pickup by the disposal Proceeds to go to Tigard community programs
company, taking it to a local landfill or and activities,
hiring a chipping firm to reduce the debris
and haul it away for composting. Neighbors
can work together on any of these methods
to reduce the time, effort and expense of
safely disposing yard debris.
CHIMNEYS LEADING CAUSE OF FIRE
With the hot summer weather, the use of
CIVIC CENTER PROGRESS
woodstoves and fireplaces is forgotten.
Before too long, however, the temperature
will dip and it will be time to start up The heavy rains in mid-September caused
these heating devices. some delay on the final site work for the
driveway and parking lots, but nothing the
Leading causes of fires are dirty and/or : contractor* too worried about, yet•
defective chimneys and flues. To reduce this Framing has started. Glue-lam be read
dy
hazard in your home, why not plan ahead a ' truss structures for roofing a
the September 18,
little and have your chimney cleaned before Visitors and guests at
the heating season begins? 1984, Civic Awards and Recognition Day at
flue clean itself by the Senior Center were able to anno Creek Park and Ci.vri.crthe new
Center.
Letting a chimney or f Downtown F
allowing it to burn once a fire does get
started is a dangerous method of cleaning out Meanwhile, bids have been called for an the made
the build up of creosote. A small crack in Library bookshelves and furnishings
the chimney is all it takes to allow the fire possible by the recent county-wide Library
to escape into a wall or attic area; this may level approval. If all goes well, building
occur very rapidly and may go unnoticed until and furnishings should be ready to the
the intensity builds up and a major fire public in January or early February.
occurs.
t Visitors are reminded that authorized by cting
site
visits can be y&arranged Corbet at City
Executive Secretary.
Hall, 639-4171.
REGULARLY SCHEDULED MEETINGS
City =0 -I- Reg. Mtg. : 2nd 6 y
4th Mon., 7:30 p.m., Fowler
LGI room. Sp. Mtgs. : 3rd BUY-A-BRICK ORDER FORM
Mon., 7:30 p.m., Fowler LCI $15.00 PER BRICK
room.
Be a part of Tigard's history. Each brick ordered will be imprinted and
Economic Dev.: 3rd Tues. 7:30 installed to create a beautiful courtyard for the new Tigard Civic Center.
a.m., Pioneer Pies Any proceeds in excess of the cost of the courtyard will be used to
purchase art and special items for the Center.
Library Board: 2nd Monday, PLEASE READ AND FOLLOW THESE INSTRUCTIONS CAREFULLY:
7.00 p.m., Tigard Library
1 Only proper individual,family or business names may be used.
Park Board: 3rd Thurs. 7:30 No nicknames or phrases con be accepted.
p.m. City Hall 2 One order form must be completed for each brick You will
receive a numbered Brick Certificate to confirm your order.
Planning Comm.: 1st Tues. 3 Up to 24 spaces may be used per brick.Use one box for each
after 1st Monday 7:30 p.m., letter,punctuation mark and space between names.
Fowler 4. The Tigard Arts and Gifts committee(TAG)reserves the right to
correct or reject any brick order not conforming to these
Transportation Comm: 1st instructions.Bricks will be installed randomly.
Thurs., :30 p.m., City Hall
_..._..................... .............
NPO #1 6 4: 1st Wed., 7:30 ....................... ..
(PLEASEPMT CLEAW
p.m., City Hall
Nome to be
NPO # 3: 1st Mon., 7:00 p.m., '►printed: 1 i
Fowler Library Person Placing Order:
Nome
NPO # 5 6 6: 3rd wed., 7:30 Address
P.M., City Hall Sir".COV.snare,tip
Telephone ►
CCI: 4th Mon., 6:30 p.m., City
Hall
Please remit wtfh$15.00 Check or money order to: OFHCE USE ONLY
HEARINGS OFFICER: 2nd b 4th T.A.G.
Thurs., 7:00 P.M. Durham po.Box 23066 6`
Treatment Plant Tigard,Oregon 97223 &C
BULK RATE
CITY OF TIOARD CARRIER ROUTE PRE-SORT
P.O. BOX 23397 U.S. POSTAGE PAID
TIGARD, OREGON 97223 PERMIT 2529
PORTLAND, OR.
POSTAI. CUSTOMER
OCl OIIE R NI WSI FI It R ARI 1(:A I (ADD1 I I ONAI j
METI_GER/WASHINGTON SQUARE 5t:RV I(.a-S STUDY
Based on requests from Metzger area residents and W—Kington Square property
owners, the Tigard City Council has directed staff to prepare an Urban
Services Policy Study of the Metzer/Washington ;;quare area. The City will
study the costs of providing urban services to the area, and the revenues from
the area if it were to be annexed into the City. One additional specific
question to be answered is. If there are any net revenue gains above basic
services costs, can these funds be allocated to specific Metzger/Washington
Square area problems?
The Metzger/Washington Square Urban Services Policy Study will be conducted
this Fall in cooperation with area residents and property owners. The Study
is due to be completed in January, 1986. Information from the study can then
be used by the City and area individuals to evaluate annexation advantages and
options for all concerned.
(1002p)
�r
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA ITEM #: /3'
AGENDA OF: 9/23/85 J
DATE SUBMITTED: 9/19/85 PREVIOUS ACTION: �✓IR
ISSUE/AGENDA TITLE: APPROVE
CABLECASTING AGREEMENT PREPARED BY: R.W. Jean
WITH M.A.C.C. REQUESTED BY: _
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
POLICY ISSUE
Should City Council meetings be routinely cablecast for community viewing?
INFORMATION SUMMARY
Council approved, in its policy calendar, the twice monthly cablecast of
Council business meetings and four town hall meetings annually. At
$225/meeting, the monthly cost is $450. With the four town hall meetings tha
annual cost would be $6,300. Currently, cablecasting is scheduled for 9/23,
10/14, 10/28, 11/11, 11/25, 12/2 and 12/16. The Transportation Town Hail this
June ran this summer and will be rerun this fall. The 10/7 Parks and
Recreation/Chamber of Commerce program is scheduled for cable cast and airing
this Fall. The 1/6 Annual Town Hall is scheduled for cablecast this Winter.
~ _ +ALTERNATIVES CONSIDERED
1, Authorize twice monthly Council business meetings and four Town Hall type
meetings for cablecast.
2. Expand or reduce the schedule.
3. Discontinue cablecasts to the community.
SUGGESTED FACTION
#1 Approve cable casts as scheduled per Council Policy Calendar and direct
Administrator to prepare Contingency adjustments with the Fall Supplemental
Budget adjustments.
� a
r
NZETROPOLI rAN AREA
COMMUNICATIONS COMMISSION
12655 S.W. Center Street • Suite 390 • Beaverton, OR 97005 • (503) 641-0218 / 641-0166
September 18, 1985
Mr. Bob Jean
City Manager
City of Tigard
P. O. Box 23397
Tigard, Oregon 97223
Dear Mr. Jean:
Enclosed are two copies of a contract for MACC's
provision of television production service for the City
Council meetings, and an up-to-date production rate
sheet which will apply. We ask that both copies of the
contract be signed and returned to MACC, and we will
sign the City's copy and send it back to you. Please
note that if the City should require us to cover
additional special meetings not covered under this
agreement, the production rate sheet would apply to
these activities as well. These additional programs
would be invoiced together with the meetings covered
under the contract.
Since we had technical difficulties at the first
regularly scheduled production on September 9, we will .
not begin charging the City until the September
,�3
meeting.
If you have any questions regarding this contract,
please call me. We look forward to working with you,
your staff, and your other elected and appointed
officals to provide your citizens with quality "access
to government" coverage of these proceedings. Also, if
you have special production projects that you would
like us to undertake, please call me.
Thank you for your interest in community programming on
the cable system.
Sirferely,
( Andrew C. Beecher
Programming Director
ACB/jyh
Enclosures
A G R E E M E N T
METROPOLITAN AREA COMMUNICATIONS COMMISSION
12655 SW Center Street, Suite 390
Beaverton, Oregon 97005
AGREEMENT between the Metropolitan Area Communications Commission
(hereinafter "MACC" ) , an intergovernmental cooperation commission
located in Beaverton, Oregon, and the City of Tigard (hereinafter
"City" ) , a municipal government located in Washington County, in the
State of Oregon.
1. Provision of Services
MACC shall provide the following services:
a. MACC shall videotape meetings of the Tigard City Council
(hereinafter "Meetings") "gavel-to-gavel", twice each month,
generally on the second (2nd) and fourth (4th) Mondays of each
month.
w5 b. The television coverage
Meetings shall be " g producedby MACC of the Council
9 gavel-to-gavel", except during executive
sessions, and shall employ quality two-camera color video
equipment, adequate audio pickups, character generation, and
3/4-inch "U" format recording decks.
C. MACC shall arrange to have the recordings of the Meetings
played back (cablecast) on an available community access
television channel on the Storer Metro Cable Television System
fi in Washington County (hereinafter "the System") . The
recording of each Council Meeting and Planning Commission
Meeting shall be cablecast, in full, on the System at least
twice.
2. The City's Responsibilities
The City shall:
a. Provide a representative of MACC with a copy of the agenda for
each Meeting as far in advance of these meetings as is
practicable;
MACC PROGRAMMING SERVICES -1- CONTRACT - CITY OF TIGARD
b. Provide MACC and its representatives with adequate access to
the rooms and buildings where the Meetings will take place,
and access to AC power for lights and other hardware.
�T
3. Warranty
MACC warrants its video productions to be of reasonable quality,
taking into consideration the nature of the Meeting and the space
in which it is conducted, the condition of the equipment provided
to MACC under its Franchise Agreement with Storer Metro
Communications, Inc. , and other recording situations beyond the
control of MACC. MACC further warrants that its coverage of the
Meetings shall be as objective as is possible, and that the
recordings of the Meetings shall not be edited except for the
alphanumeric information inserted into the video picture to provide
the viewer with agenda and other objective information.
4. Retention of Recordings
MACC shall retain the recordings of each Meeting, or copies
thereof, for a period of a least fourteen (14) days after its
conclusion. If the City wishes to obtain a copy of the recording,
or to purchase the original recording, the City shall pay, or cause
to be paid, to MACC an amount determined from the price listed in
Paragraph #5 ($28.00 for up to two hours for a 1/2" VHS copy) .
5. Price
In consideration for the services described above, the City shall
pay, or cause to be paid, to MACC financial compensation in the
following amounts and manners: vomo^, x,r)
f $aeS'.0 0 for each Meeting covered of less than 1-1/2 hours in duration.
0 for each Meeting covered of 1-1/2 to 2-1/2 hours in duration.
$a.?0'.00 for each Meeting covered of 2-1/2 to 3-1/2 hours in duration.
,a18 b for each Meeting covered of 3-1/2 to 4-1/2 hours in duration.
;65- 4350-.= for each Meeting covered of 4-1/2 to 5-1/2 hours in duration.
3�Q $'194weS for each Meeting covered of 5-1/2 to 6-1/2 hours in duration.
MACC PROGRAMMING SERVICES -2- CONTRACT - CITY OF TIGARD
There will be no additional charges for playbacks (cablecasts) of
the recordings of the Meetings.
Each month MACC will calculate the amount due for services provided
to the City, according to the above table, and shall invoice the
City for that amount.
6. Copies
If the City desires copies of the Meeting on 1/2" VHS
videocassette, the City will pay, or cause to be paid, $28.00 for
up to two hours of tape, and $10.00 for each additional hour, or
portion thereof.
The parties (MACC and the City) acknowledge that they have read this
Agreement, understand it, and agree to be bound by its terms. They
further agree that this Agreement shall terminate on June 30, 1986, at
which time a new agreement would be necessary to continue the services
detailed herein. The parties further agree that this Agreement is the
complete and exclusive statement of the agreement between the parties,
which supercedes all proposals, oral and written, and all other
communications between the parties relating to the subject matter of the
Agreement.
DATE: , 19-,� SIGNED
MACC AUTHORIZED REPRESENTATIVE
PRINT NAME AND TITLE
DATE: , 19 SIGNED
CITY OF TIGARD
AUTHORIZED REPRESENTATIVE
PRINT NAME AND TITLE
MACC PROGRAMMING SERVICES -3- CONTRACT - CITY OF TIGARD
METROPOLITAN AREA COMMUNICATIONS COMMISSION
PROGRAMMING SERVICES
PRODUCTION RATES
(
(Available Only to Public Agencies
and for Other Governmental Purposes)
1. Coverage of Public Proceedings
Complete charges for coverage of council, commission, or other
public meetings, including crew, equipment, videotape, scheduling
program for cablecast on the cable system serving the MACC Franchise
Area, and preparation of the tape(s) for cablecast.
(Length of Meeting) -- Minimum 1h to 2h to 3� to 4h to 5'h to
(Up to 2h hrs. 3h hrs. 4h hrs. 5k hrs. 6'h hrs.
lh hrs. )
OPTION "A"
Full MACC Crew)
PER MEETING: 185.00 230.00 270.00 310.00 350.00 390.00
PER 26 MEETINGS: 4810.00 5980.00 7020.00 8060.00 9100.00 10140.00
OPTION "B"
Jur sd ction provides one production assistant)
PER MEETING: 155.00 190.00 225.00 260.00 295.00 330.00
PER 26 MEETINGS: 4030.00 4940.00 5850.00 6760.00 7670.00 8580.00
OPTION "C"
Jur ad ation provides two production assistants)
PER MEETING: 125.00 354.00 182.00 210.00 239.00 26?.00
PER 26 MEETINGS: 3250.00 4004.00 4732.00 5460.00 6214.00 6942.00
OPTION "D"
(juriaaication provides three production assistants)
PER MEETING: 97.00 118.00 139.00 160.00 181.00 202.00
PER 26 MEETINGS: 2522.00 3068.00 3614.00 4160.00 4706.00 5252.00
OPTION "E"
Jur a lion provides four production assistants)
PER MEETING: 51.00 63.00 76.00 89.00 102.00 115.00
PER 26 MEETINGS: 1326.00 1638.00 1976.00 2314.00 2652.00 2990.00
2. Production Personnel for Individual Projects
Sery ce available to public agencies only, unless for organization
under contract with public agency in MACC Franchise Area.
MACC OTHER PUBLIC
JURISDICTION AGENCY
Hour Day Hour Day
Producer/Director
Pre-Product on Planning 25. 200. 30. 240.
Production/Post Production 30. 240. 35. 280.
Production Assistants
Aud o Floor Direction 12. 96. 15. 120.
Other Technical Assistance 10. 80. 12. 96.
MACC PRODUCTION RATES
Continued
' 3. Video Production Equipment
MACC OTHER
JURISDICTION PUBLIC AGENCY
Hour Day Hour Day
Portable "EFP" (Portapak) Color 25. 120. 35. 170.
Video System, with Recorder,
Camera, & Microphone; NOTE: Must
be accompanied by MACC technician.
Basic Video Editing System; 20. 120. 25. 150.
Note: Client may operate system
after h-hour workshop in editing
from MACC staff (hourly personnel
charge) .
Portable Mini--Mixer for Audio 3. 10. 5. 15.
(4 or 5 Inputs)
Portable Mixing Board; NOTE: 10. 30. 20. 60.
Client may operate board after
k-hour workshop from MACC staff
(hourly personnel charge) .
t Professional Lighting Kit, 10. 40. 15. 60.
including 3 instruments, stands,
accessories, and use of lamps
Microphones 2. 6. 3. 9.
4. Dubbing (Co in )
Prices do notinclude tape stock.
Number
of Dubs Length of Recording in Minutes
15 30 45 60 90 120
1 6.00 6.50 7.00 7.50 8.00 8.50
2 - 5 5.00 5.50 6.00 6.50 7.00 7.50
a
_ 13 . E
CITY OF TIGARD
RESOLUTION NO. 84-,3q
A RESOLUTION REACTIVATING AND CLARIFYING THE URBAN PLANNING AREA AGREEMENT
BETWEEN THE CITY OF TIGARD AND WASHINGTON COUNTY.
WHEREAS, the City of Tigard and Washington County agreed to an Urban
Planning Area Agreement (UPAA) which was adopted by both governmental bodies
in 1983; and
WHEREAS, the UPAA lapsed on January 1, 1984, and was not extended by the
two parties; and
WHEREAS, a prior agreement executed in 1980 was reactivated on January 1,
1984, which is unsatisfactory to both parties as it is inconsistent with the
City and County Comprehensive Plans, specifically relative to transportation
issues; and
WHEREAS, it is in the best interest of the City and County to establish a
process to resolve transportation inconsistencies between the City and County
Plans; and
WHEREAS, it appears to be in the beat interests of the City and County to
{ establish temporary design standards for the planned connection of S.W. Murray
Blvd. and S.W, Gaarde Street to be applied until such time as the City and
County Transportation Plans are consistent with one another.
NOW, THEREFORE BE IT RESOLVED:
I. The Tigard-Washington County Urban Planning Area Agreement, adopted
as Ordinance No. 83-33, is hereby reactivated and ratified through
June'-30',"1953 by the City iii accordaince with the provision of Section
VI of said Agreement which allows it to be extended; and that this
Agreement shall supercede all earlier Urban Planning Area Agreements
between the City and rhe County; and
2. The City agrees to the following process to resolve transportation
inconsistencies between the City and County Comprehensive Plans;
A. Upon receipt of the draft METRO Southwest Corridor Study, the
City and the County shall designate an equal number of
appropriate staff personnel to meet and prepare a joint report
which presents a committee recommendation on:
(1) The functional classification of Durham Road
(2) The need and location of an indirect connection or
connections between Murray Blvd./Scholl@ Ferry Road and
Gaarde Street/99W; and
{ B. Within six months of the receipt of the draft Southwest Corridor
Study, the joint committee shall report its findings to the
Tigard City Council and Board of County Comiaissioners for
Washington County for adoption of a mutual agreement on the
resolution of the transportation issues; and
RESOLUTION N0. 84 �
3. The City hereby establishes the following temporary design guidelines
for any segments of the planned Murray- Blvd. and S.W. Gaarde Street
connection betweenthe vicinity of 135th/Walnut and 121/Gaarde
intersections that may be proposed prior to the implementation of (2)
above:
A. Right-of-way shall be 60 feet;
B. Improvement width shall be 40 feet;
C. There shall be no "T" intersection or other design features that
will impede the function of the street as a minor collector;
D. Driveway access shall be limited, but not prohibited;
E. The road shall be constructed according to City structural
standards.
F. The curve radius will be a minimum of 350 feet.
The need to modify the preceeding standards shall be reviewed by the
committee established in (2) above; and
4, The City hereby reaffirms its strong support for the inclusion of the
proposed westerly by-pass in the METRO Regional Transporeation Plan.
5. The County agrees to support the City at Tigard's LCDC hearings.
PASSED: This ���"a day of , 1984.
ayor pro tem - City of Tigard
ATT ST'
Deputy City Recorder - City of Tigard
RESOLUTION NO. 84- 3q
(0407P)