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City Council Packet - 08/11/1986
TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate BUSINESS AGENDA sign-up sheet(s). If no sheet is available, AUGUST 11, 1986, 6:30 P.M. ask to be recognized by the Chair at the start TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are 13125 SW HALL BLVD. asked to be 2 minutes or less. Longer matters TIGARD, OREGON 97223 can be set for a future Agenda by contacting either the Mayor or City Administrator. o STUDY SESSION 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: Motion to approve as amended. 2. VISITOR'S AGENDA (2 Minutes or Less, Please) 3. TIGARD MUNICIPAL CODE REVISION - Chapter 7.40 revisions - Abandoned Buildings - Ordinance No. 86--39 o Community Development Director 4. PUBLIC HEARING - COCHRAN - COMPREHENSIVE PLAN AMENDMENT 4-86 6 ZONE CHANGE 6-86 - NPO M7 A review by the City Council of a Planning Commission recommendation to deny a request by William and Madeline Cochran for a Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential and a Zone Change from R-4.5 to R-7. The property is located on the north- west corner of SW 106th and SW North Dakota (WCTM ISI 34DA, Lot 1600), o Public Hearing Opened o Declarations Or Challenges o Summation By Planning Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Planning Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council - Adopt final Order 8/25/86 5. PUBLIC HEARING - TIGARD ELECTRIC - TEMPORARY USE 4-86 - NPO #1 A request by Tigard Electric for a re-hearing on a request for a Temporary Use Permit which was denied by the City Council on Jung 23, 1986. The request is to use a mobile home as a temporary office for up to one year. The property is zoned Central Business District (CBD). Property is located at 872.0 SW Burnham (WCTM 2S1 2DA, Lot 200). a Public Hearing Opened o Declarations Or Challenges o Summation By Planning Staff o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Planning Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council - Adopt Final Order 8/25/86 Com' COUNCIL AGENDA AUGUST 11, 1986 - PAGE 1 - 6. PUBLIC HEARING - LID FORMATION - 74TH AND CHERRY LID - PHASE 3 o Public Hearing Opened o Declarations Cr Challenges o Summation By City Engineer o Public Testimony: Proponents, Opponents, Cross Examination a Recommendation By City Engineer o Council Questions Or Comments o Public Hearing Closed o Consideration, By Council - Ordinance No. 86- 7. 135TH LID MOTION TO INITIATE - PHASE I o City Engineer 8. POLICE CONTRACTS DISCUSSION o Chief of Police 9. 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: 9.1 Approve Council Minutes - July 14 & 28, 1986 9.2 Receive and File: a Community Development Land Use Decisions b School Resource Officer (SRO) Program Report c TPI - Crusin' Tigard '86 Reports d Recruit/Selection Report 9.3 Approve Contingency Appropriations - Resolution No. 66-_ 9.4 Approve Employment Agreement - Chief of Police - Res. 86- 9.5 Accept Tigard Water District Street Dedication - SW Hall Blvd. 9.6 Call Special Council Meeting - 9/3/86 - 7:00 PM -- Tigard Civic Center Town Hall With Tualatin Fire District 9.7 Accept Street Nonremonstrance Agreement - Cotswald Meadows #3 9.8 Approve Library Board Appointment - Resolution No. 86-_ 9.9 Approve Personnel Manual Clarification - Resolution No. 66- 10. NON-AGENDA ITEMS: From Council and Staff 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d) 6 (h) to discuss labor relations and current/pending litigation issues. 12. ADJOURNMENT f IW3971A bOUNCIL AGENDA AUGUST 11 1986 - PAGE 1 " - �. T I G A R D C I T Y C O U N C I L REGULAR MEETING MINUTES - AUGUST 11, 1986 - o:30 P.M. 1. ROLL CALL: Present: Mayor John Cook; Councilors: Tom Brian, Carolyn Eadon (arrived at 7:45 PM), Jerry Edwards, and Valerie Johnson; City Staff: Bob Jean, City Administrator; David C, Lehr, Chief of Police; Bill Monahan, Community Development Director; Tim Ramis, Legal Counsel; and Loreen Wilson, Acting City Recorder. 2. STUDY SESSION a. Council and Staff reviewed the items on the meeting agenda. Discussion followed regarding a Charter revision suggestion to allow for an interim appointment process for City Council vacancies. Consensus of Council was to direct staff to prepare ballot measure similar to that of Multnommy and present for approval at the 8/25/86 meeting. REGULAR MEETING BEGAN AT 7:03 PM 3. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITLAS a. City Administrator requested the following be added to Non-Agenda: .1 Current/Potential Board and Committee Vacancies Report b. Motion by Councilor Brian, seconded by Councilor Johnson to approve. Approved by unanimous vote of Council present. 4. VISITOR'S AGENDA a. Douglas McLean, Commander of the Tigard American Legion Post 1158, advised the Council that the Post was dedicating placement of flags at the new Civic Center. The dedication will be scheduled in the near future. b. Julene Carlson, 14615 SW Haaeltree, stated she owned the property at 10375 SW McDonald. She expressed concern with the water from storm water runoff which creates a large body of water on her property. She noted staff disregard to the problem and stated she planned on backfilling immediately. Staff noted that backfilling would be in conflict with the Code and that they had been trying to work with Ms. Carlson. C. Phil Westover, 10340 SW Hillview, noted he owns property next to Ms. Carlson's. He stated concern regarding the old storm sewer failing with the volume of water be produced on the property and requested City action. d. Council requested staff study the issue and suggest alternatives C to relieve the problem at the 8/25/86 Council meeting. Page 1 - COUNCIL MINUTES - AUGUST 11, 1986 s K. 5, TIGARD MUNICIPAL CODE REVISION a. Community Development Director reported that provisions need to be added to the Civil Infraction Ordinance for abandoned buildings. He recommended approval of the ordinance. b. ORDINANCE NO. 86-39 AN ORDINANCE OF THE TIGARD CITY COUNCIL AMENDING CHAPTER 7.40, NUISANCES, OF THE TIGARD MUNICIPAL CODE. SETTING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. C. Motion by Councilor Brian, seconded by Councilor Edwards to approve. Approved by unanimous vote of Council present. 6. PUBLIC HEARING - COCHRAN - COMPREHENSIVE FLAN AMENDMENT 4-86 & ZONE CHANGE 6-86 - NPO 07 A review by the City Council of a Planning commission recommendation to deny a request by William and Madeline Cochran for a Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential and a Zone Change from R-4.5 to R--7. The property is located on the northwest corner of SW 106th and SW North Dakota (WCTM 1S1 34DA, Lot 1600). a. Public Hearing Opened b. Assistant Planner Newton outlined the history of the issue stating that the Planning Commission recommended denial of the . request due to the time lapse from the date of original approval of the application in 1980. The Planning Commission consensus was based on Policy 6.3.3 of the Comp Plan which stated that a primary consideration of the City shall be to preserve and enhance the character of adjacent established areas. C. Public Testimony: No one appeared to speak. d. Assistant Planner Newton stated Planning Commission's recommendation was for denial, however, staff recommended approval since the Minor Land Partition had not expired, and suggested the pre-existing approval should be considered in the decision. a. Public Hearing Closed f. Councilor Johnson asked whether this action would set a precedent and suggested Planning commission and City Council study the whole area with a view to R-7 zoning. g, Assistant Planner Newton stated that this action would be in conformance with the code in that the MLP had not expired. h. After further discussion, Councilor Brian moved to adopt - tentative findings of approval based on the history of the particular parcel and directed staff to develop findings for adoption on 8/25/86. Motion seconded by Councilor Johnson. _ Approved by unanimous vote of Council present. page _{COUNCIL MINUTES AUGUST it, 1986 TIGARD USE 7, PUBLIC HEARING Tigard ElectricCforEaPOReRhearing-8o-a Prequest for a A request by g the Cit Council on June 23, Temporary Use Permit which was denied by y 1986. The request is to use a mobile home as a temporary office for up to one year. The property is zoned Central Business District (CBD). Property is located at 8720 SW Burnham (WCTM 2S1 20A, Lot 200). a, Public Hearing Opened b. Assistant Planner Newton synopsized the history of the request noting that the Council had called for the public hearing with Resolution No. 86-68• C. Public Testimony: o Michael J. Scott, Attorney representing Tigard Electric, 9195 SWBurnham Street, Tigard, noting ting that the business needed requested temporary use by Council the area as temporary offices for up to one year, o Dennis Schnitz, President of Tigard Electric, apologized to the Council for missing the first scheduled hearing, stated he did not realize a permit would be needed to use the trailer as an office and requested Council approval of the permit for up to 1 year. o City Council questioned the applicant regarding scheduled length of use, whether the trailer is legally hooked up to the sewer, and lease-hold options by Tigard Electric on the property. d, Assistant Planner Newton recommended approval with conditions as set forth in the staff report. e. Public Hearing Closed f, Councilors expressed concern regarding the illegal hookup to sewer and placement of the trailer for office use without a temporary use permit. After further discussion, Councilor Brian moved to tentatively approve the request for a temporary use permit for Tigard Electric based on the staff findings and conditions and directed staff Motion a° Qconded by Councilor Johnson.pare the necessary documents for the 6/25/86 meeting. Approved by unanimous vote of Council present. Discussion followed regarding the need for another condition 9. of a traffic signal pole on the property regarding the placement ion Councilimprovements, t Burnham/Hall not requintersect ire a traffic s gnal epole at this time. ensus of for time. Page 3 - COUNCIL MINUTES - AUGUST 11, 1986 8. PUBLIC HEARING - LID FORMATION - 74TH AND CHERRY LID PHASE 3 a. Public Hearing Opened b. City Engineer synopsized the history noting the LID had been modified in scope several times. He outlined the boundary of the proposed LID for the City Council and stated the assessment would be computed on a modified area basis. He also presented a memorandum setting out various alternatives for addressing the high ground water in the area other than LID's. C. City Recorder read a letter of remonstrance into the record from Mr. & Mrs. Robert Gage, Tax Lot SOO. d. Public Testimony: Opponents: o Mr. Tony Maksym, 13565 SW 72nd Avenue, owner of Tax Lot 400, expressed his concern regarding the way the LID was developed with several modifications to the scope of the project. He stated the LID was now only servicing 6 lots and was not cost effective when most septic systems were not failing in the area. o Proponents: o Mr. Raymond Ems, 13400 SW 76th Avenue, supported the LID and noted concern with the large amount of high ground water in the area. He also noted there is a need in the area for sewer improvements. e, Clt*-E.qq3.caear--stakted...the._.LID_ L.ZB•--ta be__prea+eotod-b -..the.-Coanc He stated out of the 6 property owners involved, 2 have remonstrated against formation. f. Public Hearing Closed g. Councilor Brian stated he recognized the need for the high-ground water to be controlled. He supported the LID noting that the property on high ground would never support an LID since the ground water problems don't impact their property. h. Councilors Edwards, Eadon, and Johnson opposed the formation of an LID at this time. They expressed the desire to have larger LID's and noted that no real problem or health related issue was pending in the area. i. Motion by Councilor Edwards, seconded by Councilor Eadon, to discontinue consideration of the 74th b Cherry LID proposal. Motion approved by a 4-1 majority vote of Council present. Councilor Brian voting nay. Page 4 COUNCIL MINUTES - AUGUST 11, 1986 9. 135TH LID MOTION TO INITIATE — PHASE I a. City Engineer advised Council that jurisdiction of 135th Avenue was just received from Washington County. The County had researched and accomplished preliminary engineering information on an LID for the area. He requested Council initiate the process so that staff could continue to study the feasibility of an LID. b. Motion by Councilor Brian, seconded by Councilor Johnson to initiate the feasibility study of an LID in the 135th Avenue area. Approved by unanimous vote of Council present. 10. POLICE CONTRACTS DISCUSSION a. Chief of Police advised Council that the Police Department had been contacted by surrounding jurisdictions to provide certain police services (i.e. dispatching and patrolling). He stated the Police Department staff was interested in pursuing these arrangements to foster a spirit of cooperation between and among local law enforcement agencies and hopefully address the concerns expressed regarding the quality of interagency cooperation throughout the region. b. After discussion regarding the specifics of funding requirements, consensus of Council was to direct Chief of Police to continue pursuing contracting arrangements. 11. 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: 11.1 Approve Council Minutes — July 14, 1986 11.2 Receive and File: a Community Development Land Use Decisions b School Resource Officer (SRO) Program Report c TPI — Crusin' Tigard '86 Reports d Recruit/Selection Report 11.3 Approve Contingency Appropriations — Resolution No. 86-88 11.4 Approve Employment Agreement — Chief of Police — Res. 86-89 11.5 Accept Tigard Water District Street Dedication — SW Hall Blvd. 11.6 Call Special Council Meeting — 9/3/86 — 7:00 PM — Tigard Civic Center Town Hall With Tualatin Fire District 11.7 Accept Street Nonremonstrancs Agreement — Cotswold Meadows iia 11.0 Approve Library Board Appointment (Amo OeBernardis) — Resolution No. 86-90 11.9 Approve Personnel Manual Clarification — Resolution No. 86-91 a. Motion by Councilor Edwards, seconded by Councilor Brian to approve. Approved by unanimous vote of Council present. Page_5 — COUNCIL MINUTES — AUGUST 11, 1986 s, 12. NON--AGENDA ITEMS: From Council and Staff 12.1 Current/Potential Board and Committee Vacancies Report a. City Administrator noted that the Selection Committee needs to meet and appoint people to fill current and potential board and committee vacancies. b. City Administrator also wanted to discuss the role of the Economic Development Committee suggesting that it may be useful to merge the Transportation Committee with Economic Development. Consensus of Council was to discuss at the September 15, 1986 meeting. 13. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 9:30 PM under the provisions of ORS 192.660 (1) (d) 6 (h) to discuss labor relations and current/pending litigation issues. a - 14. ADJOURNMENT: 10:30 P.M. Acting Recorder ---City of Tigard ATTEST- or TTEST:or — City of Tigard LW/6095A Page 6. COUNCIL MINUTES _ AUGUST 11, 1966 i TIMES PUBLIS14ING COMPANY vagal 7-6802 P.O.BOX 370 PHONE(503)684-0380 Notice BEAVERTON.OREGON 87075 Legal Notice Advertising *City of Tigard • 13 TearsheetNotice AUG 1 ,3 P.O. Box 23397 • p Duplicate Affidavit air OF •Tigard, OR 97223 OFTIG.4RD AFFIDAVIT OF PUBLICATION STATE OF OFtEQON. COUNTY OF WAS14NGTON. jas. I Stephanie Neubauer belt first duty swom depose and say that i am the Advertisina Director,or his principal cleric:of the T i g a r d T t me a a newapsper of general circulation as defined in ORS 193.010 and 193.020,published at— T i P..ar g n the sforesal d county and state;that the Ljt.-Y colloci l Rra„g ial ser j ao:tj tlg a printed copy of which is hereto annexed.was published in the entire h me of said newspaper for l successive and consecuthm in the following looms: Aug986 g '�, to bofcro me this_u6 Notary Public for Oregon EXph 'r--9/20/88 AFF` A �V TIMES PU13LISHWM COMPANY e" 7-6798 _ 6798 P.O.BOX 370 PHONE(503)684-0380 Notice + BEAVERTON,OREGON 97075 i Legal Notice Advertising •City of Tigard a ® Tearsheet Notice P.O. Box 23397 *Tigard, OR 97223 a © Duplicate Affidavit • a AFFIDAVIT OF PUBLICATION STATE OF OREGON. COUNTY OF WASHINGTON, )ss. lKelly Gallagher beim first duty sworn. depose and say that i am the Advertising Director.or tris principal cleric.of the Tigard'1'.im e n 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 _E.uh I iHearing Nate_ 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: July 31, _1486---- k Subscr and to ore me tht 13 1 ary Public for Oregon my Commission Expires: q/20/88 AFFIDAVIT w CITY OF TIGARD. OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed COUNCIL ADOPTED ORDINANCES STATE OF OREGON ) County of Washington) ss City of Tigard I, being first duly sworn. on oath depose and say: That -I posted in t folGpwing public and conspicuous places. a copy of Ordinance Numbers) A- _ which were adopted at the Council Meeting dated, copy(s) of saidordyinar}ce(s) being hereto attach and by reference made a part hereof, on the day of 198 . ��' 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. U.S. National Bank, Corner of Main and Scoffins, Tigard, Oregon 3. Safeway Stare, Tigard Plaza, SW Hall Blvd., Tigard, Oregon C Subscribed and sworn to before me this / day of 1986, �•� oT �j Notary Public for Oregon ^' My Commission Expires: 9-a8 dF7 '. IJ 0 U J F. . c CITY OF TIGARD, OREGON - §' _ ORDINANCE NO. 86-_-aa AN ORDINANCE OF THE TIGARD CITY COUNCIL AMENDING CHAPTER 7.40, NUISANCES, OF 4 THE TIGARD MUNICIPAL CODE, SETTING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. WHEREAS. Chapter 7.40, Nuisances, designates certain types of nuisances which affect the public health and safety which require abatement. and A WHEREAS# the Tigard City Council finds that dangerous buildings threaten the public health and safety. and bWREAS, the present Chapter 7.40 does ndt designate dangerous. buildings as nuisances. THE'CITY_OF TIGARD ORDAINS AS FOLLOWS: section 1: There is hereby added to Title 7, Chapter 7. 60 of the Tigard Municipal Codas, Section 7.40 Section 4.9,. as set forth in the attached Exhibit #A" and is hereby adopted. section I: This Ordinance is necessary to protet the general welfare and safest- of the people of the City of Tigard because there is presently no authority to abate the threat posed by a number of dangerous buildings • --tout the City which have been the subject of numerous complaints, and itMso buildings exhibit evidence of being hazards. therefore, an emergency is hereby declared to exist, and this ordinance shall become effpctive immadiately upon passage by the City.Coundil and approved by the Mayor. PASSED: Sy LAWA A16".4 vote of all Council members present after being rend by number and title Only, this _LlTh day of .�,:, d4J&'9= _.__. 1906. s Loreen R. Nilson, Acting City Roea�+dor APPROVED: This ) /11• day of 1996. E. Cook, Mayor ORI ND. 46-, A. w.. .r JON EX11I®E1 »A" Maintenance on private property of a dangerous building. A dangerous building is one or more of the following: a. A , structure that, for. the want of proper repairs or by reason of ago and dilapidated condition. by reason sof, poorly installedelectirical airing or equipment. defective c4iiar�ey, defective gas connection. defective heating apparatus: _ or for any other cause or-reason, is especially liable to fire, UW that is 'so situated or occupied as to endanger any othQr building or property or Wm An life. b. A structure 'containing combustible or explosive material. rubbish. rags, waste. oils, gasoline or fimmwabie substance of any'kind. especially liable to cause fire the building. premises, or to huawn or danger to the safety of life. _ C. A structure that is kept or maintained or is in a filthy or unsanitary condition. especially liable to cause the spread of contagious or: infectious disease or diseas0s. d. A structure in such weak or weakened condition, or dilapidated or deteriomt.Od condition as to i andaftef any person cr WvPerty by reason of probability of partial or entire collapse.' rt 11M t w 9�14: 'f4 ^t. w :j� BR'S AQA DATE_A..a,:Ar (Cimited'to 2 minutes or less, pleas'e) � 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. NAPS & ADDRESS TOPIC STAFF CONTACTED r A v DATE August 11, 1986 I vish,to testify before the Tigard City Council on the following item: (Please print the Information) Item Description: PUBLIC HEARING Comprehensive Plan Amendment 4-86 5 Zone Chante 6-86 yk *te*star+��t+���*eee*e�tr�r+r,r,w+�ee�r**w+t,��e�e+tiree�►ee+r�*�r+�+t+r+reir*e+ae�re*eertarasrte - Proponent (For Issue) Opponent (Against Issue) it,er�reee+cwt*air+ir�rse�twsr*�reesee*ea*�r*�t*,reg►eeia�aest*e,�ar�rea#ee�+tre�t*ette�reefrrse,�rr,rse Saw, Address and Affiliation *sne. Address and Affiliation •�ft�rAf►�f►its�4w*AA7t�+ItR�r�A�l�frl+4�+��* • i_ K �x� DiATB Auscust i i. 1986 I wish to testify before the Tigard City Council on the following item: (please print the information) Itsw Description: JPUBLICMG Temyorarvry use 4-86 4,. • ###its�R#ftR#i4##tt##fir#*####�k#��R#eft##R#########!#l1t�r#ttar###1t#fir*#s###### legit (For loam) Opponent (Against Issue) Name, A"ress end Affiliation Name, Address and Affiliation rTT Iry �N i1y�M\• /►ev1BlNvN'1 iat�t /�R�+Gh.7r ©moo w C•F` DATE August 11, 1986 I wish to testify before the Tigard City Council on the following iter: (Please print the information) Iteea Description: •• V PUBLIC HEARING •+*• — 74 �„�j}erry LID Phase 3 Proponent ( tor Issue) Opponent (Against Issue) ######eltlt##a#####apt####e#r►###:###**####+ti►#####ft####*ft�k###*##�e#*+t#*###ee#ee###s# Name Address and Affiliation Name, Address and Affiliation 75, libn 2v ASR######t###�Y##A�1►##i###############st## -K. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 11, 1986 AGENDA ITEM #: 1 DATE SUBMITTED: July 31, 1986 PREVIOUS ACTION: Council Adopted The ISSUE/AGENDA TITLE: Tigard Municipal Civil Infractions Ordinance in April Code Revision — Chapter 7.40 PREPARED BY: William A. Monahan REQUESTED BY: William A. Monahan DEPARTMENT HEAD OK: z CITY ADMINISTRATOR: POLICY ISSUE Should the Civil Infractions Ordinance include a section to allow abatement of dangerous buildings. INFORMATION SUMMARY When the Civil Infractions Ordinance was adopted in April, sections related to Building Codes enforcement were not incorporated. Certain codes were being updated at the state level. We are not ready to Present these to Council for consideration at this time, however, the abatement of dangerous buildings section is now needed. Staff recommends that the secion be incorporated into the Nuisance section of the Ordinance. ALTERNATIVES CONSIDERED 1. Incorporate the dangerous building sections into the Civil Infractions Ordinance. 2. Take no action at this time. SUGGESTED ACTION The staff recommends that a section on abatement of dangerous buildings be incorporated into the Civil Infractions Ordinance at Section 4.9 . (WAM:br2661P) rvrt _ �y MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council July 31, 1986 FROM: William A. Monahan, Director, ltij�7►�� { Community Development SUBJECT: Tigard Municipal Code Revision, Chapter 7.40 The Civil Infractions Ordinance related to Nuisances requires a modification to adopt a section on dangerous buildings. A similar action was taken in 1985, however, the April, 1985 adoption of a new civil infraction ordinance did not contain the provision. Work to incorporate a number of building related codes has not progressed as rapidly as expected, thus the need for this individual revision. Presently, there are a few properties which the Codes Enforcement Officer would pursue for violation with adoption of this amendment. (WAM:br/2661p) _ n v .. .. ... .. .... ............ . :.:......,.w:,z.s,:uwa.>uw,.•.u.:snt::auau.nr e...... ........ ..... ....u. .+. v.cw....tw.....>..aa+:.v.,.a.w.awauw.,:a.:wwwv,.ti.: EXHIBIT "C" CHAPTER 7.40 NUISANCE ORDINANCE Section 1. Short Title Section 2. Definitions Section 3. Declaration of Nuisance y Section 4. Nuisances Affecting the Public Health 1. Privies 2. Debris 3. Stagnant Water 4. Water Pollution 5. Odor 6. Surface Water 7. Cesspools B. Animals 9. Removal of Carcasses section 5. Nuisances Affecting Public Safety 1. Noxious Vegetation 2. Trees, Street& 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 Suction T. Permits Required 1. Permits Required for Certain Events using Amplified Sound Section S. Penalties +DtiDTNAMCE NO. 86- r NUISANCE ORDINANCE t 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 conteol 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. 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. 3. All nuisances shall constitute a Class 1 Civil Infraction and shall be processed according to the procedures estab- lished in the Civil Infractions Ordinance, Sections 1 through 14. Section 4. Nuisances Affecting the Public Health. No person 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 a z ORIDINANCE NO. 86-_2_j s.� Page a 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 will cause harmful material to pollute the water. 5. Odor. Any animal, substance or condition on the premises that is in such a state or condition as to cause an Offen- sive odor detectable at a property line or that are in an unsanitary condition. 6. Surface Drainace. Drainage of liquid wastes from private premises. 3. Cesspools. Cesspools or septic tanks that are in an unssan- -itary condition or which cause an offensive odor. 8. Animals. Animels including livestock or buildings for the purpose of maintaining livestock or animals maintained in such places or. 1n 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 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 pro- perty for a period of time longer than is necessary to remove or dispose of the carcass. Section b. Nuisances Affecting Public Safety. 1. Noxious Vegetation. a. The term "noxious vegetation" does not Include vegeta- tion that constitutes an agricultural crop, unless that vegetation is a health hazard, a fire hazard or a C ORDINANCE NO. 86- P-C;_ Page `�{? 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 health 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 ORDINANCE NO. 86- Page otherwise 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. d. The owner or operator of any vehicle engaged in the transportation of excavation or construction materials shall be responsible for keeping the public street and sidewalks free from such matPricalu, including, but not limited to, earth. rock, and other debris that may obstruct or render the street or sidewalk unsafe for its intended use. 3. Greenway tIg ntenance. 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 topo- graphic 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. ORDINANCE NO. 86-,2L, Page - 4 . open _Storage_of Junk. No person or responsible party shall R deposit, store, maintain or keep on any real property, storage facility, building or except in a fully enclosed 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) rded machinery,are attractive,edoother angerous. andaccessibles which 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 struc- tural remains for more than 30 days after the destruction, demolition or removal of any building or portion of the building. nstruc b. This section shall riot apply to authoa�o prevenY- tion projects with reasonable safeguards injury or death to playing children. 5. 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 clean- liness or safety of the property, or would be likely to ORDINANCE NO. 86- L'r �� Page �.. � w t injure a person. animal. or vehicle traveling upon a public way. Section 6. Nuisances Affecting the Yublic .Peace. 1. Noise. a. Definitions. For purposes of this section. the following mean: (i) 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 Proper y. Real 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 at the nearest noise sensitive property to exceed the levels specified in subsection (d) of this section, as measured at a point locates 25 feet from 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 mer his or permit noise to emanate from the property her control so as to cause the ambient noise level at the nearest noise-sensitive property to exceed the levels stet forth in subsection (d) of this section, as 0asured at a point located 25 feet from the noise- sensitive structure toward the noise source. d. Allowable noise limits are as follows: dime f9axinum noise level, SA 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: (1) Emergency equipment not operating on a regular or scheduled basis; J ORDINANCE NO. 86- . G'-- Page L. 1l2) Raise emanating from the Pacific Migbway.. 'Highway 1-217 and Highway 1-b:; {(3') Sounds originating on construction sites and reasonably mecessary to the accompl `shment of mora in progress:. provided. however.. That :no construction work may be =car fed <= between the hours of 9 p-=. and y a.=,, except #nor bons tide emergencies adhere the sp public health ;or safety is t3ar sts d or uften as specIal hermit,. 91mmted by the city council. has been first obtaisaed.. Any such special Vermt may he granted by the °city Council only after first having held -a ixearlug and having otherwise followed the administrative ;procedures contained in ,chap ter 143..3:2 of this - Code: (4) Emergency rmpair equipment .not opesated on a regular or scheduled basis,: and (6) Lam, 9ardsm or household equipment �%ssociated with the noxeaal repair, upkeep or maintenaanCe of f. so Person **MIT operate with the city is las of The City of Tigard a motor veihicle! Wit- ktaq stem., cammonly as a "Jake brake:." Par the puzVoses sof this subsection, the exceptions seit text n c- tion (ss) sof his section sha11 not aWIT, and this section aball be we" as an absolute prehibition of the sap axatlon of she motor vehicle, braking systiens within the City of Tigard. q. No peerwm shall cause or mit wase to stater from sound amplityloq t ander their vontrol so as to cause the aadois Ut xualaes 14MV61 to saetamoed SQ IM at air distasoa 100 feet or sloe from �aetmeem the bouts of ? a.m. and 16 V.m. and SS 300 tom# from the � bei the hours sof 10 p.m. .>aild I a.aa. h. Penalty. (1) Fal lave to abate the aan3.sunce, wi thim the time allowed tsar the abatement abal.1 tote a Class 1 CIvIl l actlon ch abaa33 be Assad asccord1w to the owtaa3ol3sbed In the Civil lntimctSons i-- �' . Sectissns I thzvugb 14.. 2) Rach vlolatIffi of a separate wMavialon of tMe sectIca aba,1 R constitute a slut! i k L infraction, and =each day that a violataon of this section is commit-ted or ;peraitted 'to continue shall constdtute >a sQparate viola- �tion. (3) A !finding of a violation of this .section and ,imposition of .a civil :_penalty shall ,not rel:leve the xeoponsible 1party ,of 'the +duty 'to abate the violation, -except where -the City ;has acted toabate =the =ulsanee. In ,such a situation, 'the ,responsible ,party shall '4be ;liable for the costs ;.pursuant to :Section °6 t of the Civil Intract one Ordinance. y (4) Tf a :provision ,of this section Is violated by a firm or corporation. the officer of oftIcers, or person or ;persons responolble for the violation shall be subject to the penalties imposed by this -section, Section 7. Permits Reau red. 'Y 1 . :Permits 'Required for Oortain -Events 'Using 'Aaml fled 'Sound. A.. The use of ejapJ.i"fled voice and mmusic at levels >whitch would .otherw se exceed those permimsible -under Sectlan 4 d(i) may be allowed upon application to the city _ ,administrator. Application for an;amplif#ed sound ,permit shall -be =made 'to the city administrator =on forms ;prepared Eby the City. The applicant -shall Identify the ,date, location and Siete of 'the ,event for which the spermlt In Sought, -and shall .provide an estimate of the <durati on ,of ,the event. b. In the :case of a aeries of irlisilar =:events .(for astple, =a °season"s -high school football ;games) to be conducted at the same location, -the city administrator any, in shls lecret on, issue -the =perait :In =a tfors extending to -cover the ,entire series. 1n mthmt :event, the Verait :shall _be =sutbject to the adainistrator's ,withdrawal at any time. V. ,The ,.city ,mAninlutrator -shall grant a permit .in -any instance in �*h#ch 'Che event •and its ;acccaMpanying =melee vr331 mcrt-, In Phis judgment, Interfere �umeaffcnabl.y .-with the peace of those likely to the affected -by the .noise. 1n -making this Judgment,, =he ,shall take :into accouant the nature of the -surrounding -properties =and the benefit to the communi-ty mof 'the •event for zwhleh 'tthe .upplIzvotlon is _-made.. �Y =DYMMU1iCE MD.. Mage t }s. d. The city administrator may submit any question-arising {` with =respect to this section to the city -counc i 1 , =and -if any member of the city council requests :its submis- .sion to the -council , any such ;question shall'be heard :by ,the council. In =either event, the decision of =the .city councilshallbe final. e. No permit authorized by this section shall give the applicant the right to cause or permit sound to e>taanate from 'the ;property on which the event -is held so as to cause the ambient noiselevelat the nearest noise-sensitive :property to exceed 55 DBA after the hour of -11:00 -p.m. Section -a. PRNALTY. Except as otherwise provided in this .chapter: 1. A violation of this chapter shall constitute -a Class 1 Civil Infraction which -shall =be -processed ;k according to the procedures established in the Civil `Intraction Ordinance, Sections l 'through 14. Notice 'to =abate the nuisance shall be a prior contract. 2. Each violation of a separate provision of this chapter °shall constitute a separate infraction, and <9ach day that a violation of this chapter is . committed or permitted to continues shall coristi- tute:a separate infraction. 3. A finding -of -a violation of this 'chaptsr -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 provlsion of this chapter is violated by a firm -or corporation, the -officer or officers, or parson or persons responsible for the violation shall be subject to the penalties isposed by -this chapter. E kN0. 6� a=1 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 11, 1986 AGENDA ITEM #: 41 DATE-SUBMITTED: July 30, 1986 PREVIOUS ACTION: Council initiated ISSUEIAGENDA TITLE: Cochran the application on June 9, 1986 ZC 6-86 CPA-6--86 PREPARED BY: Elizabeth Newton REQUESTED BY: Planning Commission DEPARTMENT HEAD OK: L,1, A CITY ADMINISTRATOR: POLICY ISSUE Should the City Council reverse the Planning Commission recommendation to deny a request by William and Madeline Cochran to amend the Comprehensive Plan from Low Density to Medium Density Residential and change the zoning from R--4.5 to R-7 on property located on the nortwest corner of SW 106th and SW North Dakota. INFORMATION SUMMARY On June 9, 1986, the City Council initiated an application for a Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential and a Zone Change from R-4.5 to R-7. A copy of the June 9th minutes is attached. On July 8, 1986, the Planning Commission voted unanimously to recommend denial of the Cochran's request. Staff seconded approval of the request. A copy of the July 8, 1986, Planning Commission minutes is attached. Also attached is a moo which outlines the circumstances leading to the request. ALTERNATIVES CONSIDERED 1.) Uphold the Planning Commission denial of the request and direct staff to prepare a Final Order to deny the request. 2.) Support the staff's recommendation to approve the request and direct staff to prepare an ordinance approving the request. SUGGESTEDACTION Hold the public hearing and direct staff to prepare an ordinance to approve the request. dj l80 MEMORANDUM CITY OF TIGARD, OREGON TO: City Council n July 30, 1986 ��}}��'\ FROM: Planning Staff�4v SUBJECT: CPA 4-86 ZC 6-86 COCHRAN On September 24, 1979, the Tigard City Council approved Ordinance 79-88 (attached) which changed the zone district on property owned by the Cochran's at 10695 SW North Dakota from R-7 to R-5 (5,000 sq, ft. lots). In 1980, based on that zoning the Cochran's applied for and i-eceived approval with conditions from the Planning Director for a Minor Land Partition. A copy of the approval is attached. In 1981, the Cochran's recorded the staff report with Washington County but did not record the partition map as instructed in the staff report approving the Minor Land Partition. A copy of the receipt is attached. Since the map was not recorded, the Washington County Department of Assessment and Taxation did not partition the property on the tax maps or in their assessment records so, the property remained in one piece. During the Comprehensive Planning process, since the partition did not appear to have been recorded, the zoning assigned to the property was R-4.5, which was in conformance with he surrounding area. Recently Mrs. Cochran came in to discuss the Minor Land Partition with staff and was told that the zoning on the property had been changed to R-4.5. Since the lots created by the Minor Land Partition granted in 1979 do not conform to the R-4.5 minimum lot area requirements the Minor Land Partition can not be recorded now even though it has not expired. It is the opinion of Mrs. Cochran that she acted in good faith by recording the Minor Land Partition staff report which she thought was adequate to complete the process. At the June 9, 1986, City Council meeting the Council agreed to initiate the Comprehensive Plan Amendment and Zone Change for the Cochran's. Attached is a copy of the report written by staff to the Planning Commission Avh1ch outlines the criteria to be considered for approval of Comprehensive Plan Amendment and Zone Changes. At the July 8, 1986 meeting, the Planning Commission voted to deny the request. The consensus of the Commission was to deny the application becaue of the time that had elapsed, the Comprehensive Plan process andadoptionhad taken place and Policy 6.3.3. Policy 6.3.3 states that a primary consideration of the City shall be to preserve and enhance the character of adjacent established areas. The map attached to this memo indicates established areas with hash marks and developing areas with a dashed line. As is shown on the map, the Cochran property is within an established area abutting a developing area. The established development on SW 106th is at approximately 8,000 square foot lots, however, the two lots at the opposite corner of SW 106th and North Dakota, directly across the street from the Cochran's are developed at approximately 5,000 square feet each as a single family attached unit. In addition, staff feels that since the Minor Land Partition has not expired, the pre-existing approval should be considred in the decision. dj/80 �f I i� t- "A elft" '�,���� �� �� '� �. � �•"� ,` � R.. ■ S� err � ��-, •� �+; - � films .� . ;' � ��. ■`r`itrl .. rpt/rieii!�: 'Woo to v ilia Pre N �"* * �/ >•i e`er�,� '' � . "' �'. - _ not Iq ink IMS AM— Y rr •` R c�+t'�, .. .,.�/... ,;. .,..�tall► .._._ _ �...:_�► .- -0 - INCH Imo• x oil RSI HIM low! ro IK 11.E �1l11 ;� �. . . � • .• r �■ won loop- NNW�4,• •, ! • r T I BARD CITY COUNC I L STUDY SESSION - JUNE 9, 1966 - 600 P.M. a City Administrator updated agenda and distributed additional Information on non agenda items. Item 11.3 was pulled from the Consent Agenda and placed under Mon-Agenda items for discussion. Item 11.6 was pulled off Consent Agenda for future discussion. Additional -Nan-Agends items include 12.1 - Troinings 12.2 - LID - Right-of-Way Acquisitions and 12.3 - Status of Metzger Annexation. o The Park Board Tour will be June 17 at 6s OO p.m. Councilors Brian, Johnson, Radon, and Edwards indicated they will attend. o Councilor Eadon questioned how 11.2d - USA interest charge memorandum - affects the City Councilvs previous decision. City Administrator said It has no effect on their action but may be an item the Council will want to discuss at a later date to adopt an ordinance for the City to charge interest fees on late payments. o The Council discussed the Waymire appeal requesting information from Legal Counsel as to the standards used for.denial of the request. The Council was unclear as to the interpretation the Planning Commission based their decision. FM Ut.AR MWINA MINUTES - JUNE 9, 1966 - 705 P.M. 1. ROLL CALLS Presents- Council President Tom Briant Councilors Carolyn Radon, Valerie Johnson. and :Terry Edwards (left at 900 p.m-)s City Staffs Bob Jean, City Administrators Bill Monahan, Community Development Directors Tim Rests, Legal Counsels and berry Bowles, Recorder Prates. Absents Mayor John Cook 2. CAU. TO STAFF AND COUNCIL FOR MON-AGENDA ITEMS a. City Administrator reviewed the updated agenda as discussed in the Study Session,. 3. VISITORtG ASENDAs No appeared to speak. 4. PRESENTATION OF KEYS TO THE CITY a: a. Keys to the City were presented to the Civic Center Advisory Committee, Civic Center Dedication Committee, Transportation Committee, and Economic Development Committee in appreciation for their time and efforts. s. CANVASS ELECTION RESULTS - May 20, 1906 Primary As Motion by Councilor Johnson, seconded by Councilar Eadon to accept and file May 20, 19066 Primary Election Results. Motion approved by unanimous vote of Council present. Pap* i -'`COUNCIL MINUTES June 9, 19M NE 1/4 SE 1/4 SECTION 34 T IS R I W WM- WASHINGTON COUNTY OREGON - SCALE I°= 100, SEE MAP IS i 34AD 1;s c0 cIWOO C%%A" � 1 ILr M99.4}'w i2.43 134.l1._� 60 1x4.29 'INIIWL i'1 n•r'•�• ., w 1000 .! 900 INITIAL PT. 3800 1800 1700 1 W r: T Lt� vi i 100 .n 96AC .96AC �, 1100 Lt1 800 !•ilh,,, ,, M 2 ✓1• 8 x LLl Q .. ...___ 1200 3 700 N ��' 8 9 -� 1300 p 4 1 600 x.� -- 1� r 1400 N ^ — °' 5 500 "7k Q G W � �•_e 1500 6 lL 1 Vo 400 1903 12 19Ac 16005 •' >1.1.�` ! 1 ' 0 3TAc 134.2 300 302 164.9 1 4. so as.+ A- ORTH-r - DAKOTA 'CR NO 452 6I ---i1 406E s0� _T 1sTDh• ` \i`H!•, ,. 2 69GN + 2400 2500 2600 2700 2800 2900 3000 3100 •••�, A, //NAG' 66A(* /i°6AC gti.7( +l,a� �. N 23_?4 r' � � t - TIGARD PLANNING COMMISSION REGULAR MEETING — JULY 8, 1986 1. President Moen called the meeting to order at 7:35 PM. The meeting was held at the Tigard Civic Center — Town Hall Room — 13125 SW Hall Blvd. Tigard, Oregon. 2. ROLL CALL: PRESENT: President Moen; Commissioners Owens, Butler, Fyre, Peterson, Vanderwood, and Newton. ABSENT: Commissioners Will Newman and Deane Leverett STAFF: Senior Planner Keith Liden; Assistant Planner Deborah Stuart; Secretary Diane Jelderks. 3. APPROVAL OF MINUTES Commissioner Owens moved and Commissioner Peterson seconded to approve the minutes as submitted. Motion carried by majority of Commissioners present, Commissioner Newton abstained. 4. PLANNING COMMISSION C OR1UNICATION o Senior Planner Liden stated that Albert and Virginia Misterek, Agenda Item 5.8 (Subdivision S 14-86/Lot Line Adj . M 16-85/Variance V 13-86) had requested their item be set over to the August Hearing. e President Moen moved and Commissioner Owens seconded to set Agenda Item 5.8 over to the August Planning Commission Hearing. Motion carried unanimously by Commissioners present. o Larry Conrad, Senior Planner, City of Beaverton did a half—hour presentation on the Urban Services Study. o Commissioner Butler stated that he had written a letter, as a private citizen, to the-Boundary Commission regarding the Metzger Annexation. S. PUBLIC HEARINGS 5.1 REVIEW APPLICATIONS FOR APPOINTMENT TO NEIGHBORHOOD PLANNING ORGANIZATIONS. Applications were reviewed for Patricia Taylor Cantrell for membership in NPO # 2 (presently combined with NPO N 1) and for Daniel R. Gott for membership in NPO M 1. Patricia Cantrell was unable to attend the meeting. Daniel Gott was present and stated he had been attending NPO N 1's meetings and was concerned with changes being made in the neighborhood and wanted to be involved in the process. at Commmissioner Owens moved and Commissioner Butler seconded to forward the applications to City Council with a recommendation for appointment. Motion carried unanimously by Commissioners present. r %PLS t !'MMISSION.MINIkTES • July.8;:398{,•. Page 3 .. 5.2 PLANNED DEVELOPMENT PD 3-86, SUBDIVISION S 10-86, SENSITIVE LANDS SL 6-86 Request by CENTURY 21 PROPERTIES for planned development, subdivision, and sensitive lands approval to divide an 11.54 acre parcel into 43 lots ranging between 4,600 and 7,500 sq. ft. and to allow for the construction of a street across the Summer Creek flood plain. The property is zoned ..... R-12 PO (Residential 12 units/acre planned development). Located: Approximately 800 ft. south of Scholls Ferry Road and east of Summer Lake Subdivision (WCTM 1S1 330B, lot 200) (NPO # 7). Senior Planner Liden distributed a Preliminary Plat for Brittany Square IV, reviewed the proposal and made staff's recommendation for approval with 19 conditions. Discussion followed regarding the previous proposal, condition for dedication of land, and road improvements to 135th. APPLICANT'S PRESENTATION o Jim Polak, Century 21 Properties, 5115 SW 38th Place, Portland, explained that the proposal shows 42 lots, however, he requested approval for 45 lots. He would accomplish this by reducing the widths of lots 21 through 30 from 50 to 45 feet. He wanted to start Phase I this year, lots i through 20, and he would like to have a "0" lot line designation for Phase II. He had concerns with condition number 13. He did not feel they could accomplish the 300 foot intersection distance and requested that the Commission give conceptual approval to Phase II, and allow him to apply for -a variance to the 300 foot requirement. He also requested a clarification for condition number 16 as to the location of the pedestrian pathway. o Discussion foll"ed regarding 300 foot intersection distance requirement, lots which abut the flood plain and how new property owners would know they cannot do anything with their property which is within the 100 year flood plain. o Norm Harker, Alpha Engineering, 1750 SW Skyline, Portland, 97221, was available to answer questions. PUBLIC TESTIMONY - o Richard Boberg, Chairman NPO # 7, recommended approval. The NPO was concerned where the houses would be placed on the lots. They also recomnanded approval for the "O" lot line request. o Commissioner 'fy're asked if Mr. Boberg could comment on the request for additional lots. Mr. Boberg said as long as there is enough buildable land to meat the mini m lot size as required by Code they did not have a problem with adding the additional lots. o Lengthy discussion followed regarding the additional lots, the shape and location of lot # 1, minimum width and lot sizes required in a R-12 zone, deed restrictions for property owners abutting the flood plain, 'Phase II having a "0" lot line, and requiring a variance for the 300 ft. intersection distance requirement. LA1YImmt FISSION ffiii Is July: 9* 19.$6 Page';2, R s GE 5.5 COMPREHENSIVE PLAN AMENDMENT CPA 4-86 fog Ca N Comprehensive 6-8 ve NPlan Amendmentp request by MADELINE S WILLIAM 4-1 from Low Density Residential to Medium Density Residential and a Zone Change from R-4.5 to R-7. The property is located on the northwest corner of SW 106th and SW North Dakota (WCTM iSi 34DA lot 1600). Senior Planner Liden reviewed the proposal and made staff's recommendation for approval. . PUBLIC TESTIMONY o Richard Boberg, NPO # 7 Chairman, stated that the NPO had not reviewed the opposed the proposal. However, unles ot feel there m had itY should be n an error made, eowed to creep into proposal. He did low density areas. also opposed the proposal, concurring o Richard St- Clair, 11060 SW 106th, with Mr. Boberg. PUBLIC HEARING CLOSED a Consensus of the Commission was rhensive Plan process o deny the application and because adoptio the time that had elasped, the Comp taken place and policy 6.3.3 is in effect which protects established areas. They felt the Couontcil should look at the whole area increasing to R-7 instead of just one to Commissioner VZC 6— ood moved Cou cal with a recommendation ssioner Newton seconded for denial. CPA 4-86 and ZC 6-86 to Cit ly by Commissioners present. Motion carried unanimous 5.6 PLANNED DEVELOPMENT PD 4-86, SUBDIVISIOTIES1 INC. SENSINTIOV E LANDS SL 7-86, ZONE CHANGE ZC 7--86 SPECTRUM Request for a Zone Chargo subbdivide 6.38 aom R-12 to cres( ci1 into 16 lots from 5,000 to planned development), 7,000 sq. ft. and for a Sensitive Larvas permit to construct half street improvements within year east of SW1106th Avenue : North(WCTM ISIde 34DAflot North Dakota app 100). . Senior planner Liden reviewed the Proposal and made staff's recommendation for approval with 24 conditions. APPLICANT'S PRESENTATION o Glen 'ilcCurdy, 2798 SW Talbot Road, Portland, 97201, stated that he had an option to purchase on the property. With the zoning of the property being R-12 he could build 40 apartment units. He is proposing 16 single family lots. Minimum lot requirement is 3500, his proposal is for 5,000 to 7,000 with at least 3500 sq. ft. above the flood plain. He concurred with staff"_s recommendation. PUBLIC TESTIMONY pLANNING-CO MIISSION"MINUTES July 8,-;1986 Page 5 ti o Richard Boberg, NPO N 7, supported the proposal. He pointed out that there was concern for flooding and wanted impervious services kept to a 4 minimum. As long as there was a deed restriction for the f lood plain area, something is done to protect the North Dakota Street bridge, and if Mrs. Cookson's property would not be adversely affected they had no €. objections. o Richard St. Clair, 11060 SW 106th, submitted 2 letter:: to be read into the record and three pictures of the area. He had moved in two years ago and did not feel the site was appropriate for building. o Betty Cookson, 15020 SW North Dakota, was concern that flooding problems on here property would be increased with this development. 0 Joe Lipska, 11342 SW Ironwood Loop, stated that the area use to be a land fill and that it floods two to three times a year. o Senior Planner Liden read letters of opposition from Judith Taccogna, 11030 SW 106th Ave., and Roland and June Cornelius, 11045 SW 106th Ave. , into the record. REBUTTAL Glen McCurdy, reviewed the elevations and location his development would cover. He stated there would be no negative impact on opponent's property as they would be working within standard set by the City to mitigate any flooding. PUBLIC HEARING CLOSED o Discussion followed regarding the elevations, the North Dakota Street ` Bridge, private streets within the development and the need for some assurance that each lot would have minimum of 3500 sq. ft. of building ' land. o Commissioners Peterson, Newton, and Owens were concerned with encroaching in the flood plain and felt each lot should have at least 3500 sq. ft. of building land and that the lot should not include property which is within the 100 year flood plain. o Commissioner Fyre, Vanderwood, and Butler also favored each lot having at least 3500 sq. ft. of buildable land, however, felt the the lots should include property within the flood plain to accommodate fencing as long as there was a deed restriction regarding the flood plain. o Commissioner Vanderwood moved and Commissioner Fyre seconded to approve PO 4-86, S 12-86, SL 7-86, and ZC 7-86 per staff's findings, conclusions, and recommendations. Adding Condition No. 25. that each lot have a minimum of 3500 sq. ft. of buildable land outside of the flood plain. Motion failed three to three. Commissioners Owens, Peterson, and Newton voting no. o Lengthy discussion followed regarding the process, whether the item should be postponed, approved, or denied. Commissioner Fyre moved and Commissioner Vanderwood second for approval as noted in the previous motion. Motion failed three to three. Commissioners Owens, Peterson, and Newton voting no. -- PLANNING C"ISSION MINUTES July 8, 1906 Page- 6 QTY OF TIGARD, OREGON ORDINANCE NO. 79-�C' AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY MADELINE T. COC:HRAN FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT FOR A TRACT.0F. LAND AT 10695 S.W. N. DAKOTA, AND DEPICTED ON WASHINGTON COUNTY TAX NAP 1S1 34DA, TAX LOT 1600, FRCYN CITY OF TIGARD "R-7" TO CITX OF TIGARD "R-5" SINGLE FAMILY RESIDENTIAL (5,000 SQUARE FOOT RESIDENTIAL) AND ADOPTING EXHIBITS "A", "B", & "C" GRANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Finding that the lands hereinafter described have been heretofore and are now classified as City of Tigard "R-7" and further findings that pursuant to prescribed procedures, the above-stated application for a zoning map amendment was heard in a public hearing held by the Tigard Planning Commission on August 7, 1979, and all interested persons were there and then afforded an opportunity to be heard, and thereafter the Planning Commission fileid its report and recommended approval with the City Recorder, a copy therefore hereto attached and by reference made a part hereof, the Council adopts the following substantive findings: A. That the applicant is in conformance with the Urban Law Density Residential designation of NPO 117 Plan, and B. That the proposed zoning is compatible with the surrounding neighborhood. SECTION 2: THEREFORE, pursuant to the requirements of Chapter 18.88 of Tigard Municipal Code, the applicant's request for an amendment of the Tigard zoning Map of 1970 to zone those lands described in the attached r Exhibit "A" for Bingle Family Residential (5,000 square foot residential) - (R-5) use is hereby approved subject to the provisions of Chapter 18.20 (Single Family Residential zones) of the Tigard Municipal Code as embodied in or exhibited by the documents submitted and identified as follows: f Exhibit "A": - Legal Description Exhibit "B": - Staff Report Exhibit "C": - Site Plan And further subject to the following conditions: _ 1. That the applicant dedicate ten feet of right-of-way slang S.w. North Dakota Street with half-street improvements to collect0' street standards prior to issuance of building permits or Atte, a. performance bond for improvements have been approved. 2. That construction and drainage plans be approved. by the Ongineerinc and Building Departments prior to issuance of permits. 3. No Occupancy Permits shall be issued until all conditions have ' been satisfied and approved by the Planning Director and final inspections have been made by the Building Official. t Approved by unanimous vote of -Council present. RECESS 10&10 p.m. 10. CONTRACT REVIEW BOARD MEETING A. Meeting called to order at 10110 p.m. Present were Board mesbers Tom Brianr Carolyn Eadonr and Valerie Johnson. b. Motion by Board member Johnson, seconded by Board member Ea►don to authorise advertisement for bids for SW Fairview and 91W 68th Avenue Pavement Overlay projects. Approved by unanimous vote of Board present. Ce Meeting adjourned at 10:12 p.m. RECONVENEt 10112 p.m. 11. COCHRAN COMP PLAN AMT DISCUSSION a. CowoAnity Djrelopment Director reviewed the request. b. The Council discussed whether all fees should be waived. Councilor Eadon indicated that the error was not a result Of the City's negligence. Councilor Arian felt that the City has offered a compromise. The Minor Land Partition will incur staff time. Councilor Johnson pointed out the notation made on the City* receipt saying "record minor land partition." This could be construed to mean that the transaction had taken place as a result of the payment. it appears that the Cochran•s felt they had gone through proper channels and completed their filing. Councilor ` Johnson felt both fees should be waived. Ce Motion by Councilor Johnson to modify staff's recommendation and waive both fess. Motion died for lack of a second. Motion by Council President Brianr seconded by Councilor Eadon• that staff be directed to initiate the Comprehensive Plan Amendment and Minor Land Partition and waive the fee for Comprehensive Plan Amend, sent only. Approved by a 2-1 majority vote of Council presentr Councilor Johnson voting nay. 12. CM48M AGENDAS These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that any item be removed by motion for discussion and separate action. Motion tot Page 9 -- COUNCIL MINUTES - June 9r 19®6 f _ t 3 Y �F 4. No Minor Land partitions shall be made in reference to this Project unless formal application is made to the City of Tigard ,P Planning Department and the Manor Land partition is approved. 5. No changes will be made to approved plans or specifications unless formal application is made to the appropriate department and changes are approved by that department. application for changes will be made in writing and shall include applicable drawings, engineering specifications and other details requested by the department. No construction shall take place in these instances until after the changes have been approved. Any deviation from this condition will result in the immediate Posting of a stop work order on the project or any portion of the project. SECTION 3: This ordinance shall be effective on and after the 31st day after its passage by the Council and approval of the Mayor. PASSED: SY LL4&Z Lb1Az vote of all Council members �-•--- present this day of times by number and title only. 1979, after being read two t S ig ' - � � Rcorder City of T APPROVED: By the Mayor thissc-7 day of t T_ ser J - 1979. Mayor - City of Tigard S n ' . Page 2 ORDINANCE no. 79- ZC :28-79 `'Attachments a STAFF REPORT AccNDA 5.4 TIGARD PLANNING CO: %IISSION Augu3t 7, 1979 -'7-.30 P-14- Fowler Junior High - Lecture Room 10865 S.W. Walnut - Tigard, Oregon DOCYwT: Zone Change zC.28-79 APPLICANT: Mr. and Mrs. William Cockran a4NER: same 9650•S.W. 47th Ave Portland, Oregon 97219 APPLICATION DATE: July 2, 1979 SITE LOCATION: 10695 S.W. North Dakota (stash. Co. Tax Map 1S1 34DA, Tax Lot 1600) REQUEST: For a zone map amendment from City of Tigard R-7 "Single Family W,.sideu- • tial" to City of Tigard R-5 (5,000 square foot residential) on a .40 acre -parcel. I. FINDINGS Or FACT: 1. The site is designated "Urban Low Density" on the NPO C7 Plan parmittiny six single family dwelling units per gross acre. 2. Applicable NPO #7 Plan policies for residential development are as fbllcws: )public service improvements - Policies 2 and 3 (page 3) 3. The applicants are requesting the rezoning of the .40 acre site in accordance with Section 18.20.030 of the Tigard Municipal Code ;n,t in compliance with the City of Tigard Housing Implementation p.�Aioy adopted on May 21; 1979, 4. There is a single family unit on the southern portion of the site. frvtit- ing S.W. North Dakota Street_ The site is generally flat with a alight declining grade to the north. The entire surrounding land uses are single family units. The. p Ex pet 4 to the south, east and west are in the county. The subdivision dj.i.•o::t to the north is in the City. 5. The site at the corner of S.W. 106th (a City street) and S.W. N..rt;, Dakota which is a county road,. S.W. 106th fronting the eastex;n PcItt-ion o: the site is fully improved to City standard=. S.E. North 04.1%-_'-L.% is designated as a collector street on the NPO #7 Plan. It pto::ent ly i:. in substin(lanl conlitic'n hivinq inad`�gi«t-e ptvinq ,es,d ri,i'it width with t,o cur'.,s or Sid-�:rall.s. 6. Sewer service is available to the site from the line off SAI. 10k,th. Water service is also available. STAFF gEp0RT . ,►-,gM 5.4 ItG cowlSSZON TIGARD PLANNI August 7, 1979 ,. ZC 2a-79 Page 2 II, C0HCIdJSx0D1ARX FINDING-S: asst is in conformance to the Sousing I�►Plemssntatian policy: 1. the request le to the site. 2. Sever and aster are availab , . Street improvement along S-w- North Rakota are required. III. STAFF ' COMCNDATIONS nds� appxoval of the R-5 zone change subject to the following Staff recamma ' ,conditions: along S.W. North 1, That the applicant dedicate ten feet of dedication to collector street standards Dakota Street aith�hall-street ro,,�or a rformance. band for, improe�e- prior to wrm issuance of 'building peits or after pe menta have been approved. lana be approved by the Engineering 2. That eonstsucticn„ana:tds prio-to Issuance of permits. and Building Depen ^ c Perini shall be issued until all conditions h� been tis- 3. too Occupancy cup Director and final inspe ons have fled and apprOved by the-planning Official- been by the Building in reference to this p=-*jeet unless 4. No Minor Land Partitions shall be made city of Tigard planning Depseteent and formal application is made to e the Minor Land partition is approved. s unless fac"l to approved plans or specification rcd S. no changes will be made Ziate department-and changes ase app application is made to the SPPZW s sill be wade in writing and by that departa+ent. Bpplieawin Soe change s cifications and other Shall include applicable drawings, • engineering the department. No instruction shall take place in details requested by s have been approved- My aviation these instances until alter the change Dating of a stop woz1: from this condi-tion will result in the iaunediate p any portion of the project. order on the project or geport reviewed by: Alc i Mow Report prepared by: Ken4sye ',t. i�y (11IYC�J- AssCity Planner �j • �` rr. .!' k .•.�� ,i M t.. ( - ) «"a.M-I M a moi+}. ♦ •.♦ �r1+r•� PIt STUP WPM. TIC;11kD PLI1tC+ idYPMb.> M - -RF7•.w4`+'v��v�R�wv�!�' D cw=R 26, 1980ON D0C33Mx VMR LUM PARTITICH,, Mj? 22-80 (000HRM) HP0;#7 APPLIC1HTs Mr. and lira. Was. A. Cochran 01451 R: SAME 9650 SW 47th Avenue Portland, Oregon 97219 APPLICAMCN DAIT'8S December 8, 1980 R> QUESTs To partition a 16,116 square foot lot-into three (3) lots of approximately 5,300 square feet each. SITE L0MT10Ns 10695 SW-North Dakota (Wash. Co. Tax Map 1S1 34DA, Tax Lot 1600) SITS 1>QSIGIIATICNS Zoning R-5, Conprehensive Plan R-5 PYIBV OUS AMCST S �Tigaaad CitQixlacil gassed Ordi=nance Ho. 79-88 on September 24, 1979 which chm"d;.the •#qfat+ca City,-of Tigard R-7 to tLty':pf Tigard R-3,, f I b '.Cv.!ACTS 'l. AppllaNnt p= Voetes to partition three (3) lots with the intent of constructing ane (1)1-Single family home on each lot. The existing house will have to be moved or removed before any building takes place on the middle or wast lot. 2. North Dakota is 'a collector street requiring sixty, (601) feet right-of-way. Carkyntly, Xort_h Dakota is not improved in front of the site. 3. INth Avmu s is a local..stxeet :requiring fifty (SO') foot right-of-sway. lex31 half trust :aveaheinto hsps been trade' in f=ont of the site. _ 4'. The applicant was requested to dedicate ten (101) feet along SW North Dakota as a condition of Zone Change, ZC 28-79. This had not been done as of Daoenber 12, 1980. S. On Septexter 24, 1979, the Tigard City Council approved Zone Change, SC 20-79 with conditions. (See attached Staff Report) 6. .Water and sewer service are available to the site. 7. City Council policy requires that half street improvements be made for minor land partitions at the time of the partition. y� =s 12,10 S.W. MAIN P.O. BOX 23397 TIGARD,OREGON 97713 PH:6394171 M� � Mpor4VP NAL A=10N .22 Ii ASD PLANNING DEPARTMM 2 II. Q ASXC)L%M FINDINGSconforman: with the 1. Slee pxoposed Partiticia and dRUs has been approvedc(ZC 8-79) ,C7o�xehensive Plan. 7M Zone Changsto 2. The neoosrary right-of-way dedication an SW North Dakota has not been made. .XI. STAFF DECISION: Staff approves this Partition subject to the following conditions: 1.� • 2he existing house must be moved or removed before Building Permits are issued on the middle and westerly lots. 2. the neoassasy ten t10') foot street dedication an North Dakota shall be made to, the public before any permits are issued. .01 all ge taoaupassax PIA004 UPM Permits shall be issued until been asitisfied and inspections this development by the City of Tigard have riots dot- varifyiug this have boon carried out by the appy i. No changes will be wade to AMrO d plans of specifications M104-38 ons chaa9es are formal application is mase to the appropriate City department, appmved by that department. Application for changes will be made in writing and shall include applicable drawings. a• S. Grading and construct plans for all work in public rights -of-�+ay shall be prepared by a registered professional engineer in accardanca with City standards, and shall be submitted to the Public Works Department for review. A11 public improvements will require a posplianwe Agreement and oust be (serifs)-fpprav d by the Pnblie Works Department, and must be a t2ser (1) lolly and satisfactorily cos trisctad prior to the recording o! way minor land partition,o r issuance of Building Permitel or (2) bonded to the City for 100% of the estimated cost thereof prior to the rewording of any minor land parition or issuance of Building Pers►its. 5. All existing PmPosed utilities shall dby e Public Works Dopa Street rtsent. lighting installations shall be appLou 7. A metes and bounds legal description and map shall accompany a dedication of public rights-of-way, and shall be prepared by a registered engineer or land surveyor. 8. All, t rigsts and paskin9 ansae shall be dotsorste or asphalt is . All sidewalks shall be concrete. x �v ,3... RWK /i ZUL ACTIN - 3 M40,22 PLG DBPT Page 3 S. me" street improvements shaU be constructed to the approval of the public Wozkg Department prior to the isausnce of a Building Permit. A bond shad be posted by .the praperty.-owner With the city of 'Tigard for 100% of the cost of the half street improwaZWnt prior to, recording the land partition with Washington County. won Pmra d by Sliaaabeth Dun Ywtor► 4_ d by a Howard SPEGTA& AssIST11TiiT To THE PLammm DIRECTOR PLANNING DIRECTOR If your minor land partition has been approved and you have signed and returned the scknowledgeaent agreeing to satisfy the conditions placed upon this action, yqa should now have your partition recorded by the Washington Oounty Department of Assessment and Taxation. You should take copies of your partition map and our staff Report to the County to facilitate recording. Your minor land partition is not official until it is recorded. Date jr signature - � k s -'r t — _ ._....t.,,.... �J�' '�` 4 - Y:-. »:.. -:•-.,..yam y.,�-:„r.�� � -v AGENDA ITEM 5.5 STAFF REPORT f TIGARD PLANNING COMMISSION CITY OF TIGARD-TOM HALL 13125 S.W. HALL TIGARD. OREGON 97223 TUESDAY, JULY 8, 1986-7:30 PM A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 4-86 Zone Change ZC 6-86 REQUEST: For a Comprehensive Cha aige from AmendR 4 ent 5 tfrom7. Low Density Residential and a COMPREHENSIVE PLAN DESIGNATION: ZONING DESIGNATION: APPLICANT: City of Tigard OWNER: Madeline 6 William Cochran 9650 SW 47th Avenue Portland, OR 97225 �F LOCATION: Northwest corner of SW 306th and SW North Dakota (WCTM 1S1 34DA Tax Lot 1600). 2. gaSkSround On September 24, 1979, the Tigard City Council approved Ordinance 79-88 which changed the zone district on property owned by he Cochln 's at 0. 10695 SW North Dakota the Cochran's applied for and received approval based on that zoning, with conditions from the Planning Director for a Minor Land Partition. In 1981, the Cochran's recorded the staff aineportt d with Washington the staff report but did not record the partition map was not recorded. the approving the Minor Land Partition. Since the map Wash. Co. Dept. of Assessment and Taxation did not partition po��he property on the tax maps or in their assessment records so, ty remained in one piece. During the Comprehensive Planning process, since the partition did not appear to have been recorded, the zoning assigned to the property was R-3.5, which was in conformance with the surrounding area. Recently Mrs. Cochran came in to discuss royal had theMinor Land Mrs Partition with staff and was told that the app feels that the expiration oecurred without her knowledge. She was instructed to write a letter to the Council requesting that the Council Ju initiate a Comprehensive Plan Amendment on her behalf voted to Atthe initiateM the ( 1986 City Council meeting the <. : Comprehensive Plan Amendment. STAFF REPORT - CPA 4-86 & ZC 6-86 - PAGE i 3. Vicinity Information All of the surrounding properties are designated Low Density and zoned f R-3.5. 4. Site Information There is a small residence on the property which faces SW North Dakota. There are several overgrown trees and shrubs on the east side of the property between the house and SW 106th. SW 106th has been improved to City standards with sidewalks, drainage, and pavement width. SW North Dakota is not improved to City standards although a dedication of right-of--way has been made to accommodate improvements. There is an open drainage ditch on SW North Dakota and there are no sidewalks. 5. Agency and NPO Comments NPO #7 has been notified of the application request but no written comments have been submitted. B. FINDINGS AND CONCLUSIONS The relevant approval criteria in this case are Comprehensive Plan Policies 2.1.1, 6.1.1 and the locational criteria in Chapter 12. The Planning staff concludes that the above criteria are satisfied based upon the following findings: + 1. Policy 2.1.1 is satisfied because the NPO has been informed and given an opportunity to comment and notice of the public hearing has been sent to nearby property owners. 2. Policy 6. 1.1 is satisfied because the proposed rezoning will provide for a diversity of housing densities in the area. 3. The locational criteria are satisfied because the property is not committed to low density development. In addition land to the west and south of the property is underdeveloped and there is attached residential development across 106th to the east. SW North Dakota is designated as a minor collector on the Transportation Plan Map. There are no development limitations on the property such as topography, flooding or poor drainage. There is public transportation available within 1/2 mile. C. RECOMMENDATION Based upon the above findings and conclusions, the Planning Staff recommends that the Planning Commission forward a recommendation of approv 1 f CPA 4-86 and ZC 6-86 to City Council. I PREPARED BY: liza th Newton APPR VED BY: William A. Monahan Senior Planner Director of Community Development (EAN:bs117) -- -a STAFF REPORT - CPA 4-86 6 ZC 6-86 - PAGE 2 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August I1 1986 AGENDA ITEM DATE SUBMITTED: July 30, 1986 PREVIOUS ACTION: Hearing on July 14. ISSUE/AGENDA TITLE: TU 4-86 1986• Resolution 86-68 Tigard Electric (Rehearing) PREPARED BY: Deborah A. Stuart REQUESTED BY: DEPARTMENT HEAD OK: ---, ��" � CITY ADMINISTRATOR: p _ LICYISSUE INFORMATION SUMMARY Tigard Electric, Inc. placed a mobile home on its property for use as temporary office space without either a valid Temporary Use Permit or an occupancy permit' The re nests a le home has been on Temporary Use the our Permitrty forof f a period leastor at Pone months. The applicantq year. On -fie 9, 1966, the Council voted to deny the application and Resolution 86-68 was signed by the Mayor on June 23, 1986. On July 14, 1986, representatives of Tigard Electric appeared before the Council and requested a rehearing. Council voted in favor of the rehearing. x ALTERNATIVES CONSIDERED 1. Approve as recommended by the Planning Director 2. Approve with modifications t 3. Deny the application. SUGGESTED ACTION Approve as recommended by the Planning Director. d j/76 r AGENDA ITEM STAFF REPORT CITY COUNCIL TIGARD CIVIC CENTER — TOWN HALL AUGUST 11, 1986 — 7:00 Pini 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS I. General Information CASE: Temporary Use TU 4-86 (Rehearing) home as office REQUEST: For a Temporary Use permit to use a mobile zoned CBD an(Central temporarily to one year on property Business District). COMPREHENSIVE PLAN DESIGNATION: Central Business District ZONING DESIGNATION: Central Business District APPLICANT: Tigard Electric OWNER: Ronald Dor272S Schmitz 8720 SW Burnham Sherwood, OR 9710 Tigard, OR 97223 LOCATION: 8720 SW Burnham (WCTM 2S1 20A. lot 200) 2. Background Review (SDR 24-77) was approved In September, 1977, a Site Developmentthe applicant). The with conditions for Morrison Electric Company was for property owner of record has remained the same. The requesthase project review of a 9,800 square foot Of 520 a: a two-phase Phase I was to consist of 1,920(currently square site).t of PhasQehound Waasa o consistOf feet of office space (cur space. One of the eight conditions required 7,350 square feet of leasing pa that phase I1 be subject to architectural design review. On July 9, 1986, the Council voted to deny the temporary use application for a mobile home and Resolutionefl8vwas signed gard Electric on June appeared tat 1986. On July 14, 1986, rae greed a rehearing. Council voted in favor of the public hearing and req the rehearing. 3. Vicinit Information Properties to the south, west, and north are all zosite side de (Central fnHall Business District). Properties to the east on the oppo Blvd. are all zoned I-L (Light Industrial). 7. TU 4-86 (TIGARD ELECTRIC) - PAGE 1 STAFF REPORT,- � 7 _ �- 4. Site Information The subject parcel is .51 acres in size. Presently there is a 2,400 square foot building on the site of which approximately 50 percent of the floor area is devoted to warehousing and another 50 percent is devoted to office use. Also on the site is a 980 square foot mobile home which is used entirely as office space. Approximately 30 parking spaces are provided. The mobile home represents an expansion of 21.3 percent of the original floor space. The applicant states that the mobile home is necessary due to the inability of the owner to expand the present leased building. Tigard Electric is looking for property to purchase so that a new facility can be constructed. The applicant states that the company would suffer greatly should this request be denied due to a lack of office space. 5. Agency and NPO Comments The Building Division has the following comments: The mobile home on the above referenced property was moved on to the site and occupied as a 8-2 occupancy without any permit and in violation of City Ordinance. "It has been on the site, in use, and in violation for over a year." It seems this applicant is asking for, and receiving preferential treatment, which is not justified. The Engineering Division has the following comments: The property must connect to the sanitary sewer system, if allowed to be used as per the request of the applicant. The Tualatin Rural Fire Protection District has no objection to the use of the mobile home on a temporary basis. The City Administrator has reviewed the proposal and has the following comments: I would like to know whether the applicant ne.,d s to provide: 1) sidewalk/walkway/or interim standard path along Hall and Burnham frontages; and 2) clearing of vegetation for purposes of visual clearance along Hall and at the Burnham/Hall intersection. B. FINDINGS ARID CONCLUSIONS The relevant approval criteria for this case are contained in Chapter 18.140 of the Community Development code. The Planning Staff concludes that the relevant portions of the Community Development Code are satisfied based upon the findings noted below: 1. Chapter 18.140 states that the following criteria must be satisfied in order to approve a temporary use for a mobile home in a Commercial or Industrial zone: "(A) The need for use is the direct result of a casualty loss, such as fire, windstorm, flood or other severe damage by the elements F to a preexisting structure or facility previously occupied by the applicant on the premises for which the permit is sought; or STAFF REPORT - TU 4-86 (TIGARD ELECTRIC) - PAGE 2 (B) The applicant has been evicted within sixty days of the date of the application from a preexisting occupancy of the premises for which the permit is sought as a result of condemnation proceedings by a public authority, or eviction by abatement of nuisance proceedings, or by determination of a public body or court having jurisdiction that the continued occupancy of the facilities previously occupied constitutes a nuisance or is unsafe for continued use; or (C) There has been a loss of leasehold occupancy rights by the applicant due to unforseeable circumstances or other hardship beyond the foresight and control of the applicant; and (D) 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; (E) There exists adequate parking for the customers of the temporary use as required by 18.106 Off-Street Parking; (F) The use will not result in congestion on adequate streets; (G) The use will pose no hazard to pedestrians in the area of the use; (H) The use will not create adverse off-site impacts including noise, odors, vibrations, glare, or lights which will affect the adjoining uses in a manner which other uses allowed outright in the zone would not affect the adjoining uses." a. The proposal meets the requirements for adequate and safe ingress and egress, adequate parking (approximately 30 spaces where 12 are required), congestion, pedestrian hazards and off-site impacts. b. Section 18.140.060(c)(1)(A) states that the need for the mobile home must be the direct result of a casualty loss. A change in the financial picture for a business could well be construed as a casualty loss because the business is unable to construct according to previous plans. 2. The staff recommends that the permit be made valid only until February 28, 1986. The mobile home has been situated on the property without a valid occupancy permit and with no temporary use permit for at least four months. Although there are no clear records asd to when t he structure was first placed on the property, the to retroactively set the beginning date of the temporary use permit to an approximation of the initial mobile home use on the property. The Temporary Use can be granted an extension up to one year. However, the applicant must provide some documented proof to indicate a now site is being sought or a new Site Development Review approval will be sought within a stated period of time. STAFF REPORT - TU 4-86 (T'IGARD ELECTRIC) - PAGE 3 s. Because the application in question is for a temporary use ands is not a development—type application, public improvements such as sidewalks, walkways, or pathways are not typically required. C RECOMMENDATION Based upon the above findings and conclusions, the Planning staff recommends approval of TU 4-86 subject to the following conditions: 1. The approval is valid until February 28, 1987. 2. The applicant must make provisions to connect to the City sanitary sewer system through the Building Division. The applicant must obtain a sewer connection permit and abandon and fill the existing septic system by September 30, 1986. 3. The applicant shall clear all vegetation as necessary for purposes of meeting the visual clearance requirements in Section 18.102 of the Community Development Code. 4. The applicant shall submit to both tho Planning and Building Divisions a detailed, current site plan indicating all parking spaces, building setbacks, and exact trailer location and setbacks which will satisfy the Planning Division's and Fire District's requirements. S. The applicant shall obtain a valid Occupancy Permit for the trailer from the Building Division prior to August 31, 1986. Ci 6. The applicant may apply for up to a one year extension on the office trailer. At that time, the applicant shall provide some documented proof to indicate a new site is being sought. ell ARED BY: De ra . Stuart APWOVED BY: wit am A. Monahan Assistant Planner Director of Community Development (djl76)) STAFF VEPM — TU 4-86 (TIGARD ELECTRIC) PAGE 4 � � 8120 S.W. Burnham Road WG AD'JRCSS• '-:�I►OB?. � •qa•d. :►ra;::•r. CTRICTeiephor�: l bu i j ` ELE , • April 21 , 2986 City of Tigard 12755 s.W. Ash P.O. Box 233g�2?.3 Tigard, OR Attention: Deborah Stuart ` use of Mobile Home Reference. Emergency wF -dUo to the inability need currently+ The Mobile Home is in we now lease' of the owner to expand the building urchase so a now facility for property to P company. We will We are looking rowing one tc the Mobile Home only temPorarilY� can be constructed, to house our 9 orarily, our require the use of months. Without the MdueltoHlacktofpoffice Space- twelve ; would suffer greatly company t't time tax sayer, anti long 116%e I strongly urge You, as ato allow this Emergency aa� r'4 L'ue elrr of the Tigard`�oprevent, impaction of our camp Mobile Home, Ft's`=t j Aellt 4: I 1-E3T t -�PWAW _ /A/<"TiGARD CIVIC • CENNTER '�.•\ a► , }•� '� -1--T , � j � `__-.t vN�S@ II P11A9E Q Fvxsu ' i�►i 3�r 1T cN�sec C 12.32 a 62,6f. '52.IWO 3 .44 10a4� j 4 ' h; ( 16r :$ { 1• _ �,0 41.1 .. '.F• .. -a.. 5 .0 ,� t-� ^�� .r,' *tA"W � sk #j \ _ sal. L) � �`•sl?t� r. , •.� �` *�.. At • ��� 'iwc r� ~}��� e3 *'� t rH `AL1, i r 1... rS.a ?,+/ r ,�4- � •fir•. $714�',W,S3UN,I�NAM F3D: (. qk. ,' un AGENDA rrEM SIO. 6 CrrY OF TIGARD WASMNGTON COUNTY. OREGON In re: ) TU 4-86 THE TEMPORARY USE ) REQUEST FOR APPROVAL APPLICATION OF TIGARD ) OF TEMPORARY USE ELECTRIC, INC., ) PERMIT Comes now applicant, Tigard Electric, Inc. and requests that the Tigard City Council: 1. Approve Tigard Electric Inc.'s temporary use application for a mobile home for the following reasons: A). Chapter 18.140 of the Community Development Code permits a mobile home in a commercial or industrial sone upon a finding of: 1) Casualty boss 18.1400. A casualty loss is a loss which comes about with design. Applicant submits that It has suffered a casualty loss because of a change in the financial operating conditions of applicant's business, which have occurred without applicant's decision or control. 0) LM of LaasaRM Oe=pney Rids by the ARAIamt dna to Ilhafc�sasshla Clra+uistarseas. 18.14KQ6 Applicant leases the property, 8720 S.W. Burnham, from Ronald D. Schmitz and Dorothy Schmitz (Schmitz). Schmitz was to build a two-phase construction project on the property. (See Exhibit A). Applicant has leasehold rights in both phases of the project. 1-REQUEST FOR APPROVAL OF: TEMPORARY USE PERMIT s� Schmitz has constructed Phase I and it is now occupied by Applicant. Schmitz has elected not to build Phase II and accordingly applicant has lost its leasehold rights in Phase IL Schmitz's decision was unforeseeable by the Applicant, as per its Agreement Phase II was to be built and occupied by it. A copy of the Phase L/Phase II construction detail is attached. no Other Rasdsi ft Beyond the Ponftht send CaatnA of Appliamt. IL140(C). Applicant submits that the final phase of 18.140(C) provides that the code is satisfied should the Council find that the Applicant, has suffered "other hardship beyond the foresight and control of the Applicant." Here, Tigard Electric, Inc. is unable to satisfy its requirements with only the Phase I structure. In order to continue uninterrupted operation of its business, Tigard Electric, Inc. requires the use of the mobile home during its search for suitable relocation property/improvement in the Tigard area. Given finite land availability, Applicant Is faced with either expanding its relocation efforts to outside the Tigard area or limiting its operation as a going concern. This hardship supports a finding that the requirements of the code have been complied with. DATED this day of August, 1986. Respeetfull ed, Me tt Of Attorneys for Applicant 2-REQUEST FOR APPROVAL OF TEMPORARY USE PERMIT i �►,� ► .. BPI - � : � i� •�'' �• tl !��f■111111" -� -- --�- - = "11g, Jul 1ul■11... ..� ',;- �;' -'� � _ •.��'�� �(�'�meq- z ry�a di '"'. ��t�'`5•Kv ,h 1_� -- t'^�� ""'_-i.{y'� �i•�"�1 '�'���.F lr�r�,�}T�y.r",~?j�Yi ��� r��g�'y���'Y Y C-.? �eh, _ `4 `,y,�y'tiL'C ;'�'�r !•`^F yltj _ � 1;r ,i..F-t7�� rF�{'.�l.i-..t.� :�1?-Tl`';'S,�-" ��'"��'�4' `�'u�J �,''�t��Y'�'�� r`-l�f,..�'C•X:S,Y; ,'s �1 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY �. AGENDA ITEM AGENDA OF: August 11, 1986 DATE SUBMITTED: July 31, 1986 PREVIOUS ACTION: Resolution of Intent ISSUE/AGENDA TITLE: 74th & Cherry Adopted 7/28/86 Sewer L.I.D. — Phase 3 PREPARED BY: Randall R. Woole C.E. REQUESTED BY: DEPARTMENT NERD OR. CITY ADMINISTRATOR: POLICY ISSUE Shall a local improvement district be formed for construction of sanitary sewer in the vicinity of S.W. 74th Avenue and Cherry Drive. INFORMATION SUMMARY Council action of July 28th set the date of August 11th for a public hearing on LID formation. Background on the proposed LID was included in the July 28th packet. Notice of the hearing has been sent to each property owner. A memorandum is being prepared addressing various questions raised at the July 28th meeting. The memorandum will be available prior to the public hearing. ALTERNATIVES CONSIDERED 1. Approve the attached ordinance forming the LID. 2. Decide not to proceed with the LID formation. 3. Direct that additional revisions be made to the LID proposal. SUGGESTED ACTION That the decision be made after receiving testimony of the affected property owners at the public hearing and/or in written remonstrances. br8O p 5 ¢ 4 ' F CITY OF TIGARD, OREGON ORDINANCE NO. 86-_.r AN ORDINANCE CREATING THE SW 74th AND CHERRY SEWER LOCAL PROVEMENT DISTRICT; ORDERING THE CONSTRUCTION OF A SANITARY SEWER LINE AND APPURTENANCES; DIRECTING THAT BID PROPOSALS BE REQUEeftED; SETTING F RTH THE METHOD OF ASSESSMENT AND FINANCING; AND DECLARING AN EMERGENCY. r THE CITY OF TIGARD ORDAINS AS FOLLOWS: at 1. Following receipt of a written request from fiv property owners, the City Council initiated the formation p cess for a loc 1 improvement district for coast.-action, of sanitary sewer to i rue 15 properti s. K 2. The Community Development Director submitted report to the Council recommending the district be formedf The recomm nclation was based an a Preliminary Evaluation Report and t�e Council's opted policy regarding priorities. 3. The Council stated its intenti n to form the district, to make the improvements and to hold a public hearing receive remonstrances by Resolution No. 86-45. #. Individual notice was mailed by irst c ss mail to all property owners within the local improvement district nd not ce was publiched in The Tigard Times at least ten days prior to the he ing. S. The public hearing was hold on ri 28, 1986. After hearing public testimony the Council directed that a re d district be considered. 6. By Resolution No. 86-82, the Cou it stated its intention to farm a revised district, to make sewer improv is within the revised district, and to hold a public hearing to receive re ns rances. 7. Individual notice was sent by firs class mail to all property owners within the revised district. 8. The hearing on the revised district s held an August 11, 1986. The City Recorder received written remonstrances and the Council ' received oral remonst nces at the Baring. 9. There are 6 benefitted roperties in th revised district and there were a total of re strances. The barter provides that a local improvement district canno be formed if the p operty owners of 66-213% of the land area within the dis ict remonstrate. T remonstrances did not approach this number. ORDINANCE NO. 86- Page 1 ~ 10. The Council adopted the Suppleme�rt to the Prelimiary Engineer's Report on the 74th and Cherry Sewer Local improvement District by Resolution No. 86-82. 11. The City has proceeded in accordance with state !statutes, its charter and ordinances. THE CITY OF TIGARD ORDAINS AS FOLLOT Section 1:The SW 74th & Cherry Seer Local Improvement District is created. The legal description is set forth inn attached Exhibit A, with the Section 2_ The improvements s 11 be made An hearings racers and preliminary engineering report as mended through ' the P which are set forth in a report entitled Su ement to the Praliminar Engineer's Re rt on the 74th andT.\c al Improvement District. The final plans and specificationsth in a final engineering report. Section 3;_ The benefitted proproperties set forth in attached Exhibit U. s for the Section 4; The City Engineer i in ir scrito invite bbad byid the lPurchasing construction of theimprovements Rules. Section 5: The estimated cost is $40,1 The benefited properties will be assessed for the full costs on an are sis. The assessment area shall be calculated as the area of each lot withi 1 2 feet of a property line to which sanitary sewer is Provided. Sectio05 and n 6: The improvements are of char} cter described in ORS 232to ORS the improvements qualify for financ ng byancroft Bonding, pursuant 287.502 287.510. Section 7: Improvement Warran s are aut orized to be issued in the aggregate amount of $40,130. Th interest rat shall be at 9%. Section 8: The Mayor and F nance Director are authorized to execute the Improvement Warrants on behalf of the City. 5 ORDINANCE NO. 86— Page 2 Section 9: An emergency is hereby dec red to ex st inasmuch as it is necessary for the health and safety of the people f the City that the improvements be constructed with the lent possible del y in order to complete the improvements during the construct' n season, the fore, this ordinance shall become effective upon its passe by the Coun '1 and signing by the Mayor. PASSED: By Vol of all Council members present after being read by number nd title only, his day of L 86. Loreen R. Wilson, Deput Recorder APPROVED: This day of 1986. John E. Cook, Mayor lbr8O f F F ? ORDINANCE NO. 86— Page 3 6—Page,3 rz EXHIBIT A ti LEGAL DESCRIPTION A portion of land situated in the southeast quarter of Section 1, Township South, Range 1 West, Willamette Meridian, and more particularly described as follows: Beginning at the southeast corner of Lot 43, Rolling Hills No. 2, a recorded Plat. Washington County Plat Records; thence North 01006' East, 180 feet tr the northeast corner of said Lot 43; thence North 88048' West on the south right-of-way line of SW Cherry Drive 498.20 feet; thence North 01040' East 196.37 feet; thence South e804e' East 104 feet to the west line of Lot 44, said Rolling Hills No. 2; thence North 01040' East 13.63 feet to the northwest corner of said Lot 44; thence South 88048' East 105.88 feet to the northeast corner of said lot 44; thence South 02001' West 38 feet; thence South 88048103" East, 628.78 feet to the west right-of-way line of SW 72nd Avenue (County Road No. 472); thence South 01031'25" West on said west right--of y line 264 feet; thence North 88048' West 290 feet to the east right-of-way lino of SW 74th Avenue: thence South 01006' West 88 feet; thence North 88048' west. 50 feet to the point of beginning, containing 4.274 Acres. JF:bs/br58 MUM- PIROfIiBIQNAL. a.AND SU OREGON 40 - R/1N01f8,25Ct o < » d«\ EXHIBIT B \ Ui . . „ • ■ ƒ / of „ . ;§ � «, � . ., tit. \\ < 500 ? {»\ PROPOSED SEWER \ . < DISTRICT : , + - \ . ƒ \\\ EXISTING MMANHOLE . , - w« . ƒ�r � ASSESSMENT COMPUTATION :\ d2\ THE CITY OF TIGARD 2 \\\\ 3 th AND CHERRY SEWER L.I.D.(RE \ , . , a .\ ` . . \I ƒ\ « y\� . S7 , : ' ee [ ƒ\ MEMORANDUM CITY OF TIGARD, OREGON i TO: Members of the City Council August 6, 1986 FROM: Randall R. Wooley, City Engineer SUBJECT: Proposed 74th 6 Cherry Sewer LID At the July 28th Council meeting, several questions were raised regarding the proposed LID; responses follow: QUESTION: What alternative solutions are available for property owners with failing septic tank systems? RESPONSE: 1. The County Health Department advises that a property owner may receive a permit to repair or replace a septic disposal system if the property is at least 300 feet from an existing sewer line. It appears that the properties in the proposed LID which are currently experiencing problems with existing systems are more than 300 feet from a sewer line. System repair usually involves replacing the drain field and pumping the tank and usually costs approximately $2,000 to 4 $2,500. If high ground water is the cause of the problem, these repairs may not solve the problem. Ground water appears to be a problem for some lots on Cherry Drive. Where high ground water is a problem, alternate filter systems are required; these systems usually cost about $5,000. 2. The sewer construction could be funded privately by the property owners without the LID formation. 3. There appears to be no practical alternative routes for a sewer line to serve the four properties where sewer service is desired. 4. The only other apparent alternative is the "do nothing" alternative. QUESTION: Why was Tax Lot 600 excluded from the LID? RESPONSE: Tax Lot 600 is already served by the existing manhole and sewer at the south end of 74th Avenue. —PAGE N1— QUESTION: Why were the properties along the south side of Cherry west of 74th excluded from the LID? RESPONSE: These lots are already served by an existing sewer along t their back (south) property line. QUESTION: Why was the lot to the west of Tax Lot 3101 excluded from the LID? RESPONSE: The lot to the west of Tax Lot 3101 is not served by the proposed sewer. The proposed sewer line would need to be extended westerly along Cherry Drive before the additional lot could be connected. QUESTION: Could some of the lots in the LID be subdivided? RESPONSE: Tax lots 400 and 500 have the potential for being subdivided; subdivision regulations would require that the sewer line be extended east along Cherry and/or north along 74th as a condition of subdivision approval. Tax Lot 3300 has some potential for division into two lots, both of which would have access to the LID sewer, if it is built. Availability of sewer would be a condition of subdivision approval. QUESTION: Should the LID have been terminated on April 28, 1986, due to the number of objections received? RESPONSE: The City Attorney's office is preparing a response to this question. cc: Tony Maksym cc: City Recorder cc: City Administrator cc: Community Development Director cc: City Engineer (br88) --PAGE #2- a w 4 August 4, 1986 City of Tigard City Recorder P.O. Box 23397 Tigard, OR 97223 Re: Proposed 74th and Cherry Drive Sewer Dear Sirs: We have been informed that our property, tax lot 500, is still included within the proposed local improvement district for construction of sewer facilities in the vicinity of SW 74th Ave. and Cherry Drive. This letter is to serve as our written remonstrance against the proposal. We are completely against being a part of this improvement. We aria having no problems with our septic tank and already have access to sewer if we wished without paying the C.5 exh+orbitant cost proposed to cover six properties. it would cost us less than the estimated assessment of $5,312.00 levied against us to hook into the public sewer which is already at the end of 74th Ave. We don't Seel we should be forced to pay to help correct the problems of four other property owners because the developer either can't develop the property or did not see that a proper sanitary system was installed when the houses were originally built. it would be interesting to know how those properties with houses already on them managed to pass a perc test considering the problems they have always had with their drainage. Sincerely, r Ro�iert R. Gage Lynnda M. Gage RECEIVED AUG -6 1986 CITY OF TIGARQ O'OONNELL, RAMIs, ELLIOTT & CREW MARK P.O'DONNELL ATTORNEYS AT LAW CANST OFFICE TIMOTHY V. RAMIEBALLOW & WRIGHT BUILDING 161 N.GRANT. SUITE 202 KENNETH M.ELLIOTT CANDY,OREGON 97013 STEPHEN F. CREW 1727 N.W.HOYT STREET (503) 266-1149 CHARLES E.CORRIGAN• PORTLAND.OREGON 97209 JOSEPH M.SULLIVAN (503) 222-4402 ADNINISTRATIvi ASSISTANT KENNETH H.FOX MARGARET C.HAND SUSAN I.BOYD PLEASE REPLY TO PORTLAND OFFICK SHARON L.WILLIAMS KATHERINE A.FLYNN MARK D.WHITLOW OF COUNSEL 0 ALSO ADMITTED TO PRACTICE IN STATE OF WASHINGTON August 8, 1986 Mr. Randall Wooley City Engineer City of Tigard P. O. Box 23397 Tigard, OR 97223 Dear Randy: The purpose of this letter is to respond to the concerns raised in your letter of August 1, 1986. I have reviewed the City Charter and the relevant sections of Ordinance 85-90, the LID ordinance. It is my opinion that the City Council may proceed with a modified LID, pursuant to section 6(E) of Ord. 85-40. Section 38 of the charter states that action on a proposed public improvement "shall be suspended" for six months if two-thirds of the affected property owners remonstrate against it. Section 6(D) (1) (a) of Ord. 85-40 states that the City Council "shall not proceed" with the LID if two-thirds of the affected property owners remonstrate. The word "terminate" does not appear in either place, i.e. , neither the charter nor the code mandates that the proposed improvement be absolutely halted when two- thirds of the property owners remonstrate. Section 6(E) (1) of the LID ordinance permits the Council to modify a proposed LID and subsection (2) of this section outlines the various procedural requirements if the modifications will increase the assessments on any of the properties within the district. Thus, the Council is acting properly by moving ahead with a modified LID, assuming that it adheres to the proper procedures. In essence, the Council is proceeding with new improvements and a new-modified LID, both of which are specifi- cally permitted by the LID ordinance and are not prohibited by the City Charter. Mr. Randall Wooley August 8, 1986 Page two As to your second question, the Council may still decide not to proceed with the LID despite the 1985 petition you provided with your letter. section 6(D) (2) states as follows: "The Council may decide not to proceed with the formation of the district and the making of the improvement when the petition has been signed by less than one-half of the benefitted property owners, the district is deemed to be untimely or not in the beat interests of the City." Thus, the language permitting the Council not to proceed is clearly discretionary, and, in a situation where the majority of property owners have signed the LID petition, the Council could base its decision not to proceed on one of the other criteria in } the quoted section. I trust this letter adequately speaks to your concerns. Please ` call me if you have any further questions regarding this matter. Sin erely, Tfmothy V. auris TVR:mch t CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 11, 1986 AGENDA ITEM N: DATE SUBMITTED: July 23„ 1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: 135th Ave. LID Phase One PREPARED BY: City Engineer 'w' REQUESTED BY: DEPARTMENT HEAD OK: G1 CITY ADMINISTRATOR: POLICY ISSUE Initiation of the LID process for improvement of S.W. 135th Avenue. r INFORMATION SUMMARY A Council goal for the current year is the improvement of S.W. 135th Avenue between Scholls Ferry Road and Walnut Street. Formation of an LID is proposed to fund the improvements. City ordinances provide that the LID process may be initiated either by a petition of the property owners or by a motion of the Council. After the LID has been initiated, staff will hold informal meetings with property owners and prepare a Preliminary Evaluation Report for Council consideration. ALTERNATIVES CONSIDERED 1. Council initiation of formation of a local improvement district. Z. Wait for property owners to petition for improvements. 3. Seek another funding source. 4. Postpone the project. SUGGESTED ACTION That the Council, by motion, direct that the staff begin the LID formation process for improvements to 135th Avenue, in accordance with the LID Manual, and that a Preliminary Evaluation Report be prepared. (2656P) MEMORANDUM CITY OF TIGARD, OREGON 1, TO: Mayor, Council, and City Adminis a o . July 31, 1986 FROM: Chief of Police, David C. Lehr SUBJECT: Requests for Intergovernmental Agreements To Provide Certain Police Services To Surrounding Jurisdictions Over the last several months, the Police Department has received requests from 3 surrounding jurisdictions to make proposals to provide dispatching services to them. Those agencies are Tualatin, Sherwood, and King City. In addition, the City of Durham has requested a proposal to provide 10 hour•_ per month of police services. The staff of the Police Department is interested in pursuing these arrangements for several reasons. We believe that providing this service is a key to fostering a new spirit of cooperation between and among local law enforcement agencies. The staff of the Tigard Police Department has expressed concern about the quality and quantity of interagency cooperation in the county and region. we see the pursuit of these contracts as an opportunity to assume and exert a leadership role in improving the quality and quantity of interagency cooperation. There is also a direct benefit to the Tigard Police Department and citizens of Tigard inherent in the provision of dispatching services to other surrounding agencies. If we are dispatching to surrounding agencies all the agencies' radios would be on the same frequency. with all officers monitoring all dispatches, in cases of emergencies the closest car to the emergency could respond regardless of jurisdiction. This concept (known as the "close car concept") has the ability to reduce response time to emergency calls or to requests for assistance from officers on the street. We have so far developed a cost proposal for dispatch services to the City of Tualatin. You will find the proposal attached. As we develop other proposals they will be submitted for your review. We are also in the process of assessing staffing levels to determine our ability to provide these services. At this time we believe we are capable of handling the additional workload with some staffing adjustments. :- DCL:lw13999A MEMORANDUM : CITY OF TIGARD, ORBSON TO; City Administrator July 24, 1986 F ,1D+l: Chief of Police SMjECT; proposal for Dispatching for Tualatin You will find attached a proposal for the City of Tigard Police Department to contractually provide dispatch services to the City of Tualatin Police Dgartment. Implicit in this proposal are the mutual benefits that would accrue to both cities if the proposal is implemented. Those benefits are as follows: 1) Reduced costs to both cities for dispatch services; 2) implementation of the close carconceptwould directly benefit the citizens of both cities; and 3) fostering of a spirit of cooperation between and amoM law enforcement agencies and their cities in the southeast county area. t Acceptance and implementation of this proposal is contingent upon Council appro"l. j FCFO#ZA USED FUR DISPAT(M COSTS TIGARD Total Calls for Service: 1375 Total Dispatch/Teletype/C2-xical Hours: ** 115 hrs. / mo. ** Amount of time spent per call by dispatcher is 5 minutes total for all services - average only. Based upon department statistics and survey. TUAIATIti Total Calls for Service: 850 / mo. Total DispatchOTeletype/Clerical Hours: 71 hrs. / mo. (850 calls - 51.88 of 1375 Notal Tigard calls per month) (61.81 of 115 total Tigard hours - 71 hours per month) ANNUAL. OpERATn G COE+'i"S POLICE DISPATCH SYSTEM FOR THE CITY OF TW ATIN 1. Police Clerk Dispatcher 71 hrs. 0 $14.41/hr. - $1,023/m. x 12 - $12,276 2. 94Vort Services Mnnagps and Liaison (101) 7 hrs. 0 $22.11/nr. - $155Azo. x 12 - $ 11860 3. Overtime and call back: $1,100/yr. Tbtal: 1 hr./Wo. A $14.41/hr. - $14.41/no. x 12 - $ 173 4. Office Supplies; $20/mo. x 12 - $ 240 5. Telephone Service Qw ges - Call Pbrwardinq Capability to Business Telephone; $2.42/mo. x 12 - $ 29 - Additional Phone Linc (if necessary); $60.28/mo. x 12 w $ (723)* $1,214.83 / month - $14,578 / year * To be added only if found to be necessary. µ x CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY -4 AGENDA OF: August 11, 1986 AGENDA ITEM #: �. � f:— DATE SUBMITTED: Juiv 31, 1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Notices of Decision for SDR 13-86SDR 14-86 PREPARED BY: Elizabeth Newton and MLP 4-86 REQUESTED BY: City Council DEPARTMENT HEAD OK: -� CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Attached are the Notices of Final Decision for: SDR 13-86 A request by Western International Properties to allow the construction of two industrial buildings totaling 68,800 square feet and related facilities (WCTM 2Si 1DC, TL 1100 9 part & 4000) SDR 14-86/ V 17-86 A request by Reino and Marilyn Tarkiainen to construct a 5,704 sq. ft. warehouse addition and to vary the side yard setback. (14010 SW 72nd Ave) MLP 4-86/ M 7-86/ & V 16-86 A request by Wedwood Homes and H & K Investors to divide 18,711 sq. ft. into 3 parcels; a lot line adjustment to adjust the resulting parcels and a lot size variance. (eastern and of SW Falcon Rise Drive.) ALTERNATIVES CONSIDERED 1.) Approve as written. 2.) Call up for review at a date set by Council SUGGESTED ACTION Approve as written. dj/87 yR .�r CITY OF TIGARD NOTICE OF DECISION MINOR LAND PARTITION MLP 4-86 (r LOT LINE ADJUSTMENT M 7-86 VARIANCE V 18-86 Wedgewood Homes/H & K Investors Inc. APPLICATION: Request by Wedgewood Homes and H & K Investors Inc. for a minor I" partition to divide 18,711 square feet into 3 parcels; a lot line adjustment to adjust the resulting parcels plus tract "I" of the Morning Hill No. 1 plat into 4 parcels ranging between 4,828 and 6,600 square feet in size; and a lot size variance from the required 7500 to allow 6510 and 4,828 square foot lots on property zoned R-4.5 (Residential, 4.5 units per acre). Location: eastern and of SW Falcon Rise Drive (WCTM 2S1 4A T.L. 600, 700, and 800 and WCTM 2S1 4A, T.L. 507). DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above applications subject to conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background R Morning Hill No. 1 subdivision was platted in 1978. The eastern end of SW falcon Rise Drive is within this plat. It includes the eastern half of Lot 35, Tract "I", and a remnant area at the and of the street and to the south which was intended for future phases of the development (Tax Lots 600 of Map ISI 330C and 507 of Map 231 4A). 2. Vicinity Information The property to the north and east is vacant. and zoned R-12 (PD) (Residential, 12 units/acre, planned development) and R-4.5(PD) (Residential , 4.5 units/acre, planned development) respectively. The land to the south is zoned R-4.5 and is in the process of being platted. The zoning for the lots on the north side of Falcon Rise Drive is R-7(PD) (Residential, 7 units/acre, planned development) and R--4.5(PD) on the south side. 3. Site Information and Proposal Description Except for the presence of street improvements and utilities, the property is undeveloped. On an earlier lot line adjustment, the western half of Lot 36 was combined with Lot 37. The applicant proposes to combine the eastern half of Lot 36 and the western half of Lot 35 into one parcel and form a second parcel from the remainder , of Lot 35 and the property to the east. The right-of-moray for Falcon Rise Drive will be extended to the eastern property line. ;, NOTICE OF DECISION MLP 4-86 - PAGE 1 on the south side of the street, the applicant proposes to enlarge Tract "I" into a buildable lot and create one additional parcel to the east that will have the same depth as Tract "I". Tract "I" was originally intended for driveway and utility purposes to serve future phases to the south. A different ,subdivision design has been approved for the property directly south and the driveway access and utility service is no longer necessary. The applicant proposes to vacate the utility easements. 4. Agency and NPO Comments The Engineering Division has the following comments: a. Falcon mise Drive should not eventually become a cul-de-sac because of its present length. A temporary turn around area should be provided if recommended. by the fire district. b. There are a number of utility easements which are affected by this request, namely the 5 foot side yard easements along lots 35 and 36 and the easement that covers all of Tract "I". These easements must be vacated. C. The i foot reserve strip at the end of Falcon Rise Drive must be vacated and a now strip dedicated at the now terminus of the street. d. Street improvements plus necessary utilities shall be extoanded to the east of the subject property. e. Because these parcels will depend -' primarily upon 135th Avenue for access, a non-remonstrance agreement for street and sanitary and storm sorer improvements should be executed by the applicant. The Building Inspection Division has no objection to the proposal. The Tigard Water District has no objection but it is noted that the developer will be responsible for moving the service laterals to the now parcels. Also, it is hoped that Falcon Rise Drive will continue as a through street. The Washington County Fire District No. 1 states that Falcon Rise Drive must either be extended to another street or be terminated with an appropriate turn around area. Also, fire hydrants must be within 500 feet of all of the proposed lots. so other comments have been received. B. ANALYSIS AND CONCLUSION With the exception of the variance request discussed below, the proposed pwrtition and lot line adjustment are consistent with the applicable standards in the Community Development Code. Efficient utilization of the property will result and Falcon Rise Drive will be capable of a becoming a through street as called for in the City Comprehensive Plan. 101ICE OF DECISION - MLP 4-86 = PAGE 2 In order to approve a variance request, the application must meet the following criteria contained in Section 18.134.050 of the Code: 1. The proposed variance will not be materially detrimental to the in conflict with the policies of the purposes of this Code, be Comprehensive Plan, to any other applicable policies and standards; and to other properties in the same zoning district or vicinity; 2. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; 3. The use proposed will be the same as permitted under this Code and city standards will be maintained to the greatest extant that is reasonable possible, while permitting some economic use of the land; 4. Existing physical and natural systems, such as but not limited traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were located as specified in the Code; and S. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. The original Morning Hill development was intended to consist of several phases with lots of varying sizes. The planned development concept was to be used throughout, one important feature of this concept was to consider average housing density or lot size rather than set a minimum size standard for each individual lot. As a result, the lot sizes on Falcon Rise Drive range approximately between 5,200 and 8,500 square feet. Since the smaller lots are situated on the north side of the street, the R-7 zone with a 5,000 square foot minimum lot size was applied. The q..{,5 zone which has a 7,500 square foot minimum lot size was applied to the area south of Falcon Rise Drive. Although this zone applies, the majority of the lots on this side of the street are between 5,500 and 6,200 square feet in size. The two proposed lots on the north are approximately 6,351 arxi 6,975 square feet which exceed the 5,000 square foot minimum of the R-7 zone. The variance is requested for the two lots on the south side of the street which at 4,828 and 6,510 square feet are under the 7,500 minimum lot size of the R-4.5 zone. On this case, the variance is justified with a minor adjustment in the sizes of the southern lots because the proposed lots will be consistent with the established pattern on Falcon Rise Drive. After the previous plan for Morning Hill was abandoned, the remnant parcels were not of a size that could be easily redeveloped in strict accordance with the new R--4.5 zone designation. The proposed lots will accommodate single family residences which are permitted in both the R-4.5 and R-7 zones. NOTICE OF DECISION - MLP 4-86 - PAGE 3 The variance will not have an adverse impact upon natural systems such as drainage. Falcon Rise Drive will be allowed to continue and utility services can be provided. The 5 foot side utility easements related to Lots 35 and 36 must be vacated as well as the easement that affects Tract "I". In order to create lots that are as consistent as possible with those on s' the street, all lots should be a minimum of 5,000 square feet. This can be easily accomplished by expanding Tract "I" by a few more feet to the east. C. DECISION The Planning Director approves MLP 4-86/M 7-86JV 16-86 subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO RECORDING OF THE PARTITION AND LOT LINE ADJUSTMENT. 2. Standard full-street improvements including sidewalks, curbs, barricade, streetlights, driveway aprons, storm drainage and utilities shall be installed along the SW Falcon Rise Drive frontage. Said improvements shall be built to City local street standards and conform to the alignment of existing adjacent improvements. S. 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 Division for approval. A. Sanitary and storm sewer plan--profile details shall be provided as part of the public improvement plans. S. Recording of the partitioning and construction of proposed public improvements shall not commence until after the Engineering Division has issued approved public improvement plans. The Division will require posting of a 100% Performance Bond and the payment of a permit fee. Also, the execution of a street construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. SEE THE ENCLOSED HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHEDULES, BONDING, AND AGREEl MU . i 6. A one (11) foot reserve strip granted to the "City of Tigard" shall be provided at the terminus of SW Falcon Rise Drive. 1 : 7. Additional right-of-way shall be dedicated to the Public along the proposal partitioning frontage to create right-of-way to 25 feet t from centerline. The description for said dedication shall be tied to the existing right-of-4my centerline of SW Falcon Rise Drive. The dedication document shall be on City forms and #' approved by the Engineering Section. DEDICATION FORMS AND INSTRUCTIONS ARE ENCLOSED. F' UTILE OF DECISION - MLP 4-86 - PAGE 4 8. All lots shall be a minimum of 5,000 square feet in size. 9. The legal descriptions and survey map shall be approved by the Planning Director PRIOR TO RECORDING with Washington County. 10. The existing 5 foot side yard utility easements and the easements involving Tract "I" shall be vacated prior to recording to new lot configuration. (contact: Loreen Wilson, City Recorder, regarding vacation process 639-4171). A vacation form is enclosed. 11. A non—remonstrance agreement related to future street, and sanitary and storm sewer improvements shall be executed by the applicant (FORM ENCLOSED). 12. This approval is valid if exercised within ona year of the final decision date noted below. D. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant t 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 Aueust 12, 1986 UNLESS AN APPEAL IS FILED. 's. Ayt�al 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 3:30 P.M. August 12, 1986. 4. Questions: If you have any questions, please call tate City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Blvd., PO Box 23397, Tigard, Oregon 97223, 639--4171. zeai � —v-� PREPArlhy: eith S. Liden, Senior Planner DATE / william A. Monahan, Director of Community Development DAVE APPROVED (KSLzdJ84) fffaCE OF DECISION - MLP 4-86 - PAGE 5 tgills " = �1E7 iG!!1► - rlNip� Fall ■at�1i��� ■��1�_� �'l�tlRlgei /lam IN MINS■ asci®a■ � �►�ra �� mails � r IM CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW SDR 14-86 VARIANCE V 17-86 Reino and Marilyn Tarkiainen APPLICATION: Request by Reino and Marilyn Tarkiainen to construct a 5,704 square foot warehouse addition and to vary the side yard setback from 10 to 7 feet on property zoned I-H (Heavy Industrial) and located at 14010 SW 72nd Avenue (WCTM 2S1 IDD, TL 900) DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above described applications 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 applications have been reviewed by the City. 2. Vicinity Information The property to the north and west is zoned C1-P (Commercial Professional) and is undeveloped. The parcel immediately south and.- east is utilized for storing and maintaining trucking equipment and is zoned I--H (Heavy Industrial). S. Site Information and Proposal Description The property is occupied by a 6,563 square foot industrial building which is primarily devoted to warehouse space with a minor amount of office area. Access is provided via an easement across the property to the south to 72nd Avenue. Some landscaped area is provided along the south side of the building. The applicant proposes to construct a 5.704 square foot addition to the existing building on the north end of the property. The addition will be similar in nature to the existing structure, featuring an assembly/warehouse area and office space. The existing landscaping is intended to meet Community Development Code requirements. The existing building has a seven foot setback from the western property line and the applicant proposes to maintain this setback for the new addition. The Code requires that a 10 foot wide landscaped buffer be provided between development on a property zoned I-H when the abutting property is zoned C-P. A variance is requested. to allow the continuation of the seven foot setback along the western property boundary. All other setbacks will .y conform with Code standards. ;i NOTICE OF DECISION - SDR14-86 6 V 17-86 - PAGE 1 4. Agency and NPO Comments The Engineering Division has the following comments: a. Stormwater will not be permitted to.. flow over the driveway apron onto 72nd Avenue. b. Sanitary sewerage and stormwater runoff facilities shall be provided on the building permit plan application. The Building Inspection Division indicates that the parking requirements in the Code should be met. The Tualatin Rural Fire Protection District indicates that buildings used to house general hazard classification B-2 shall have one hour fire wall construction where less than a 20 foot setback is contemplated. Fire fighting water supply shall be provided within 250 feet of all portions of the building. The Tigard Water District states that the fire district should appraise the adequacy of water supply for fire protection. It appears that the additional water demand will require the installation of a second water meter or increasing the size of the existing one to one inch. No other comments have been received. B. ANALYSIS AND CONCLUSION � The proposed building addition is consistent with Code requirements for building setbacks (except for the variance discussed below) and height, allowed use, and visual clearance. Further discussion is warranted in regard to landscaping, parking, and access. 1. Setback Variance Section 18.134.050 of the Code contains the following criteria which must be satisfied in order to grant a variance: A. The proposed variance will not be materially detrimental to the purposes of this Code, be in conflict with the policies of the Comprehensive Plan, to any other applicable policies and standards; and to other properties in the same zoning district or vicinity; b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; C. The use proposed will be the same as permitted under this Code and City standards will be maintained to the greatest extent that is reasonable possible, while permitting some economic use of the land; NOTICE OF DECISION - SDR 4-86 6 V 17-86 - PAGE 2 d. Existing physical and natural systems, such as but not limited traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were located as specified in the Code; and Q. The hardship is not self—imposed and the variance requested is the minimum variance which would alleviate the hardship. The primary purpose of the 10 foot landscaping setback is to provide for visual buffering between industrial and office uses. Requiring the new addition to meet the 10 foot standard will not have an appreciable affect upon this buffer area. In order for the entire building (existing and addition) to have a desirable configuration, the variance is necessary. The existing building cannot be moved and the creation of a three foot jog in the perimeter of the building will create difficulties related to the floor plan and efficient use of space. The proposed industrial building addition is permitted in the I—H zone and all other aspects of the proposal are or will be consistent with Code requirements. The variance is not self—imposed because the setback standards changed after the present structure was completed. 2. Landscaping The submitted site/landscaping plan indicates an appropriate amount of landscaped area (minimum 15%), but additional plant materials are necessary to meet City standards. The following items must be addressed in a revised landscaping plan: a. Buffer Area The Code requires a landscaped buffer area of 10 feet in width to the north and west. The variance approval will allow for a seven foot buffer to the west. The northern area presently contains a nurber of mature trees and grass. The addition will necessitate the removal of approximately half of these trees but the plan submitted by the aplicant does not acknowledge their presence. The trees that lie within the to foot setback area should be preserved if possible. The applicant should locate these trees on the revised plan and provide justification for the removal of any trees. Plant materials such as ground cover, shrubs, and trees should be included along the western boundary of the property. the problem of the blackberries on the adjoining property is recognized but landscaping for this area is required none the less. It is anticipated that this property will be developed in the near future and the s blackberries removed at that time. a_ NOTICE Of DECISION SOR14-86 6 V 17-86 — PACS 3 Ft d. Rehabilitation or replacement of the existing landscaping on the eastern boundary of the property. e. A minimum of 2 trees around the parking and loading area. f. Plant materials on the north and west sides of the building which provide for visual buffering and erosion control. g. Proposed method for maintenance and watering. 5. All landscaping materials shall be installed prior to occupancy of the addition. 6. All exterior signs shall require a sign permit from the city prior to installation (contact Deborah Stuart – phone 639-4171). 7. This approval is valid if exercised within one year of the final decision date noted below. D. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Nall and mailed to: XX The applicant & owners XX Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected governmental agencies t 2. Final Decision: THE DECISION SHALL BE FINAL ON August--12, 1986 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 19.32.370 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 3:30 P.M. August 12, 4986. 4. Questions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 13125 SW Nall, PO Box 23397, Tigard, Oregon 97223, 639-4171. A. I - PREPAR 8 Keith S. LiSenior Planner WE—den, ¢ v O Will A4oa�hn, Director o�C,,munity�Dvl�op,,nTt DATE APPROVED (KSL:dJS3) NOTICE OF DECISION – SOR14-66 & V 17-86 – PAGE 5 b. Parking and Loading Area The existing landscaping along the east side of the property is not in acceptable condition and some improvement of this area should be illustrated on the revised plan. The Code requires that one tree be installed for every seven parking spaces. Since 13 spaces are required, as discussed below, a minimum of two trees must be included near the front and east boundary of the property. 3. Parking and Access The building and new addition will have approximately 12,270 square feet of floor area. The Code calls for one parking space for every 1,000 square feet of gross floor area and one handicapped space if more than five ,spaces are required. This development needs to have 12 spaces plus one handicapped space. The site plan shows six spaces. However, sufficient area appears to be available to meet City standards. Two-way driveways, such as the one serving the six parking spaces shown at the north end of the project, are required to be at least 24 feet in width. Dimensions are not shown, but a portion of this driveway between the existing loading dock and the proposed spaces is only 20 feet. The site plan should be amended to meet the 24 foot requirement. C. DECISION The Planning Director approves SDR 14-86 and V 17-86 subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE Of BUILDING PERMITS. 2. Plans for collecting and disposing of stormwater runoff shall be reviewed and approved by the Engineering Division (contact: John Hagman) and the Building Inspection Division. 3. Water service shall be provided in a manner acceptable to the Tigard Water District (contact: Robert Santee 639-1554). 4. A revised site/landscaping plan shall be submitted for Planning Director approval which includes the following: a. A minimum of 12 parking spaces and i handicapped parking space. b. All two-way driveways shall be a minimum of 24 feet in width. C. All 'trees within the northern 10 foot setback area shall be shown on the plan and preserved unless justification is given for their removal. NOTICE OF DECISION - SDR14-96 & V 17-86 - PAGE 4 a.. •� a..fin.. CITY OF TIGARD NOTICE OF AMENDED DECISION SITE DEVELOPMENT REVIEW SDR 13-86 APPLICATION: Request by Western International Properties to allow the construction of two industrial buildings totaling 68,800 square feet and related facilities on property zoned I-L (Light Industrial) and I-H (Heavy Industrial) and located on the south side of Tech Center Drive adjacent to the Southern Pacific Railroad (WCTM 2S1 IDC. TL_ 1100 9part) and 4000). DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above described amended 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 Lot Line Adjustment (M 16-85) was approved and recorded which enlarged the subject property. The former eastern property line coincided with the boundary between the I-L (Light Industrial) and I-H (Heavy Industrial) zones. Since the zone designations were not changed, the eastern 256 feet of the property is zoned I-H and the remainder is zoned I-L. The Planning Director released a decision which did not reflect city policy which requires nearby property owners to agree to participate in a local improvement district (LID) to construct a railroad crossing for Tech Center Drive. The conditions of approval have been modified to obligate the applicant to participate in a future LID. 2. Vicinity Information The properties on the north side of Tech Center Drive are developed and zoned I-P (Industrial Park). The area to the south and east is zoned I-H and the land west of the railroad tracks is zoned I-L. Tech Center Drive is designated as a minor collector street and it is intended to cross the tracks and provide a connection to Bonita Road and possible future street extensions to the north leading to Hunziker Street and Hall Blvd. 3. Site Information and Proposal Description The property is undeveloped and is covered primarily by tall grass. The applicant proposes to grade the site and construct two industrial buildings totaling 66,810 square feet. The two buildings will share a common central loading area with parking located around the building perimeter. Storm drainage will be directed toward the railroad right-of--wary to the west. NOTICE OF DECISION - SDR 13-86 - PAGE 1 Y q. Agency and NPO Comments The Engineering Division has the following comments: a, The public storm sewer line crossing the northwest corner of the property must be within a public easement. As a condition of approval for M16-85, the majority of this easement was dedicated. Confirmation of the recording f this easement should be provided and any remaining portion blic ethis line orded was an condition ofnt ould have a approva�l for this easement re development. b, Written verification shall be provided indicating that Southern Pacific Railroad approves of any necessary drainage improvements to be made within the railroad right—of--way. C. The method for disposing of stormwater runoff has been determined previously for the Tech Center Drive area and t necesary for the therefore a Sensitive storm Leeman nds rlinewhicheview is ocrossess the subject proposed public property. The Building Inspection Division and the Tigard Water District have no objections to the request, ict aes The Tu* oflthe building musFire t be within 250tection rfeet of ac fire that ydrant. portions No other comments have been received. e, ANALYSIS AND CONCLUSION This proposal is consistent with Community Development Code requirements related to building setback and height, maximum lot coverage, access, visual clearance, and landscaping. Additional discussion is warranted relating to parking, storm drainage, signs, and allowed uses. 1. Parking The Coda requires that one parking space be provided for each 1,000 square feat of floor area for many industrial uses. eased upon the proposed size of the buildings, 66 spaces and one space are required.d. The applicant is proposing 276 spaces and two handicapped spaces. This will allow sufficient uses permitted in the I-d. zone flexibility to accommodate the few which have higher parking requirements. The Code standard for parking space dimensions is 9 by 16 feet. All of the spaces shown on the site plan are 1e feet in the depth anndo the widths vary between 8 and 9 feet. The Code permits compact spaces (8-1/2 x 15 feet) for 25 percent of the required ll as any spaces provided above the required number of spaces as we above standards, the site plan must be amount. Based upon the NOTICE OF DECISION SDR 13-86 PAGE 2 amended so that a minimum of 50 spaces are a minimum of 9 feet in width with the minimum width for the remainder to be 8-1/2 feet wide. A wheel stop or equivalent is required three feet from the front of all parking spaces located on the perimeter of the property. Also, a landscaped strip of at least three feet should be provided between the street right-of-4oay line and the parking lot. These standards can be met by simply moving the curb two or three feet in from the property line and expanding the landscaped area devoted to ivy. Low landscaping material or a sidewalk can be located in the front three feet of a parking space. Finally, the Code requires that one secure bicycle parking space be installed for every 15 required parking spaces. This project must have five bicycle spaces with the location and design to be approved by the Planning Director. 2. Storm Drainage The previous lot line adjustment approval required the dedication of a public easement for the anticipated storm sewer line located in the northwest corner of the property. An easement was submitted which included most of the necessary easement area. Since the construction of the storm sewer line was not necessary until the site was developed, the dedication of the remainder of the public easement was postponed to the site development review stage. 3. Signs The applicant intends to place one sign near each driveway entrance which will direct traffic to the appropriate driveway. The signs will be approximately six square feet in size per side. Given the nature of the project and the need to provide directional information at the entrances, these signs are appropriate. 4. Allowed Uses The project is a continuation of the development on the north side of the street. it should be rested that the permittee uses are not identical because of the different zoning districts which apply. The applicant should review these differences with the Planning staff. C. DECISION The Planning Director approves SDR 13-86 subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO ISSUANCE OF BUILDING PERMITS. NOTICE OF DECISION — SDR 13-85 PAGE 3 2. Five (5) sets of public improvement construction plans and one (1) itemized construction cost estimate, stamped by a Registered Professional Civil Engineer, detailed all proposed public improvements shall be submitted to the Engineering Section for approval. 3. Sanitary and storm sewer plan-profile details and concrete driveway apron details shall be provided as part of the public improvement plans. 4. 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. 5. A revised site plan shall be submitted for Planning Director approval which includes: A. Wheel stops or equivalent for all of the parking spaces adjacent to the north property line. b. A minimum width for 50 parking spaces of 9 feet. C. All remaining spaces shall be a minimum of 8-1/2 feet in width. € d. Location for five bicycle parking spaces. The design shall also be approved by the Director. 6. A sign permit shall be obtained for the directional signs utilizing the dimensions, size, and design submitted by the applicant. 7. The applicant shall provide the remainder of the public storm sewer easement between the rights-of-way for the railroad and Tech Center Drive. Said easement shall be prepared on City forms (enclosed). Contact John Hagman of the Engineering Division. 1. 8. The applicant shall submit a non-remonstrance agreement regarding a future LID for a railroad crossing for the Southern Pacific € Railroad tracks. The format of the previous agreement dated February 20, 1965, between Western International Properties and ; . the City of Tigard will be appropriate. 9. This approval is valid if exercised within one year of the final `. decision date noted below. 0. PROCEDURE ` 1. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: we: NOTICE OF DECISION - SDR 13-86 - PAGE 4 ' XX The applicant & 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 August 12, 1986 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 3:30 P.M. August 12, 1986. 4. Questions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Blvd., PO Box 23397, Tigard, Oregon 97223, 639-4171. 7/.Op eft-7 PREPARED Y: eith . Liden, Senior Planner DATE William A. Monahan, Director of Community Development ATE APPROVED (KSL:3b/dj54) WLe .: NOTICE OF DECISION — SDR 13-86 — PAGE 5 CITY OF TIGARD. OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August !1 W- 121 AGENDA ITEM #: DATE SUBMITTED: July 30 1986 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Notice of Final Decision for SDR 15-86 PREPARED BY: Elizabeth Newton REQUESTED BY: Elizabeth Newton DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Attached is the notice of Final Decision for SDR 15-86, a request by MacKenzie/Saito 6 Associates for a Site Development Review to allow construction of a 13,555 square foot office/warehouse on property zoned I-P at SW Katherine and Tigard Street. _ ALTERNATIVES CONSIDERED Approve as written. Call up for review on a date set by Council. If the Council desires to call SDR 15-86 up for review action should be taken on August 4, 1986. SUGGESTED ACTION Approve as written. di/8e CITY OF TIGARD NOTICE OF" DECISION SITE DEVELOPMENT REVIEW SDR 15-86 (MacKenzie/Saito & Associates) APPLICATION: Request by MacKenzie/Saito & Associates for a Site Development Review to allow Construction of a 13,555 square foot office/warehouse on property zoned I-P (Industrial Park) Located: SW Katherine & Tigard (WCTM 2S1 26A Tax Lot 302). DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above application subject to conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT I. Background No previous land use applications have been reviewed by the City regarding this property. 2. Vicinity Information Properties to the south, west, and east are also zoned I-P (Industrial Park), An industrial building is located on the adjoining property on the east and south and a residence lies to the west. Single family residences within the R-4.5 (Residential, 4.5 � units/acre) zone are situated to the north and further west along R�.,. Katherine Street. 3. Site Information and Proposal Description The property is presently vacant and the applicant proposes to construct a 13,555 square foot industrial building. The building foot print will be 10,842 square feet and a mezzanine level will. provide the remaining 2,713 square feet of floor area. Parking and _- loading area will be provided in front of the building. 4. Agency and NPO Comments The Engineering Division has the following comments: a. Since storm water will run to the rear of the property, easements will be necessary to provide adequate drainage for the property. b. Depending upon the final elevation of the building, an easement g may also be necessary to properly serve the property. c. ' Katherine Street . is designated as , a local street -and the _ right-of-way width' standard is 25 feet from, "centerline. City Code also requires the- proviiion .of • half.-street improvetaents along the property street' frontage. NOTICE OF:bEC±SION - SDR' A5"96.`PAGE I r: d. The Katherine/Tigard Street intersection to the east forms an angle' that may be difficult for the anticipated truck traffic to negotiate. In order to ensure that the ultimate alignment of this intersection and the improvements in front of the subject property will adequately accommodate truck traffic, the street design should run from the northwest corner of the property to the Katherine/Tigard Street intersection. The Building Inspection Division has no objection to the request. The Tigard Water District indicates that a fire hydrant will be required as well as a one inch meter to serve the property. The Tualatin Rural Fire Protection District states that exterior wall and opening protection *hall be provided sad a fir-a hydrant must be no more than 250 feet from any portion of the building. No other comments have been received. B. ANALYSIS AND CONCLUSION The proposed project conforms with City Community Development Code requirements for building setback and height, access, lot coverage, parking, landscaping, and visual clearance. One bicycle parking space is necessary, however, for every 15 required parking spaces and therefore one such space must be incorporated with this project. The location and design should be approved by the Planning Director. i The application did not include any information related to exterior lighting. Because of the presence of residences in the immediate area, - - lighting should be provided which will not adversly affect nearby = properties. C. DECISION The Planning Director approves SDR 15-86 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 sidewalks, curbs, streetlights, driveway aprons, storm drainage and utilities shall be installed along the SW Katherine Street frontage. Said improvements along SW Katherine Street shall be built to street standards. 3. Five (5) sets of plan-profile public improvement construction plans and on a (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. NOTICE OF DECI$IbiN - SDR 15=86 PAGE 2 4. Sanitary sewer and storm sewer plan-profile details shall be provided as part of the public improvement plans. 5. 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, the payment of a permit fee and streetlight 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. Additional right-of-way shall be dedicated to the Public along the SW Katherine Street frontage to increase the right-of-way to 25 feet from centerline. The description for said dedication shall be tied to the existing right-*f-way centerline as established by Washington County. The dedication document shall be on City forms and approved by the Engineering Section. DEDICATION FORMS AND INSTRUCTIONS ARE ENCLOSED. 7. A minimum of one secure bicycle parking space shall be provided with the location and design approved by the Planning Director. 8. The plant material shown on the landscaping plan submitted by the applicant shall be installed prior to occupancy. 9. An exterior lighting plan including placement and type of lighting fixtures shall be reviewed and approved by the Planning Director `�- 10. 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 mailed to: XX The applicant & 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 August 5, 1986 UNLESS AN APPEAL IS FILED. i 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 demdlirie:fbr fi3irg of an appeal is 3:30 P M August' 5, 98 16 NOTICE OF DECISION - SDR 1b--86: Pte' 3..:; ` ' �, Questions: If you 'have any questions, please call the City of Tigard Planning DepartaKent, 'Tigard City Hail, 12755. SW Ash, PO Sox 23397, Tigard, Oregon 97223, 639-4171. WSe PlannerDAREP R Keith $ �� r Millia►w A. Monahan, Director of Community Development , (XSL:as/di 6a) 4;. lit I IWIMtr, 1.AVOW .. ..._ Y No zFr ` 11lnTICE QF-DECISTdit 4 SDR 15-86 PAGE :T a MEMORANDUM ( CITY OF TIGARD, OREGON TO: Mayor, City Council, and July 29, 1986 City Administrator FROM: Chief of Police, David Lehr SUBJECT: SRO Update As of 7/16/86, we received 7 applications from Tigard Police Department Officers for the SRO position(s). As Assessment Center will be conducted on 8/8/86. It is hoped that we will be able to announce to the Council the final selections by the 8/11/86 Council meeting. DCL:lw/3993A s: G CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY f �. AGENDA OF: August 11 1986 AGENDA ITEM #: DATE SUBMITTED: August 1 1986 PREVIOUS ACTION: ISSUEIAGENDA TITLE: TPI Crusin' Tigard 186 Report PREPARED BY: William A. Monahan REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Community Development issued a temporary use permit to TPI for Crusin' Tigard 186. Throughout discussion with TPI, staff stressed the need for all profit participants to obtain business tax receipts prior to the event. Although TPI some businesses did operate without paying made a good faith effort to comply, a tax. The staff feels that the "one day businesses" may require a special permit for future events. we would like to discuss alternatives to our present process. The attached report raises issues for future consideration. ALTERNATIVES CONSIDERED 1. Accept the report and place on file with staff pursuing payment of all unpaid business taxes related to TPI. Staff will return later with alternatives for discussion prior to the 1987 TPI event 2. Accept the report and direct staff to take no further action to pursue payment of business tax by participants at Crusin'Tigard '85. Staff will return later with alternatives for discussion prior to the 1987 TPI event. SUGGESTED ACTION The staff recommends alternative number two. a dj/2662P MEMORANDUM CITY OF TIGARD, OREGON t TO: Members of the City Council July 31, 1986 FROM: William A. Monahan, Director of Community Development U✓1�Y`'� SUBJECT: TPI Crusin' Tigard '86 Report The Community Development Department was pleased with the cooperation given to it by Tigard Promotions, Inc. Only one issue remains to be addressed which may require future code revisions, that is, payment of business tax by vendors. TPI submitted a list of vendors to the City on July 14th. A second list of three vendors was mailed on July 21st. The City's purpose in obtaining the list of vendors was to verify that all vendors not exempt for being non-profit had paid a business tax. Staff made this issue known on numerous occasions including during Council agenda discussions on July 14 and 21. Although the planning staff sent letters to all vendors which were not holders of valid business tax, five participants have not paid a tax. One vendor, Doyle Eaves of Salem, withdrew his booth application upon receiving the City . notice. The City now must pursue a business tax from the five vendors which participated. All five are businesses located out of Tigard which are governed by section 5.04.050 of the Tigard Municipal Code which reads: 5 04 050 One act constitutes doing business. For the purpose of this chapter, any persons shall be deemed to be engaging in business or engaging In nonprofit enterprise, and thus subject to the requirements of Section 5.04.040, when undertaking one of the following acts: (1) Selling any goods or service; (2) Soliciting business or offering goods or services for sale or hire; (3) Acquiring or using any vehicle or any premises in the city for business purposes. (Ord. 82-73 Section 4 (b), 1982). 5 04 060 Agents responsible for obtaining a business tax receipt. The agents or other representatives doing business in the city shall be personally responsible for the compliance of their principals and of the businesses they represent with the provisions of this chapter. (Ord. 82 =A -73 Section 4 (c), 1982). To receive payment, the staff must issue a summons and complaint and process the civil infraction through the hearings officer. . n n The staff seeks direction from the Council as to how to proceed now and in the future. Our experience with the vendors has not been pleasant. Telephone conversations have included allegations that the City has no right to enforce the tax, that vendors should have been told earlier of the tax, and that the tax is two high. My staff has attempted to enforce the Code uniformly, consistent with our stated purpose. Rather than continue to expend resources in this matter, I suggest that Council direct staff not to pursue the five vendors. In addition, I suggest that Council direct the staff to formulate new procedures for issuing business tax receipts to one day vendors associated with temporary uses such as TPI. Possible ideas for review are: 1) A requirement that all temporary use applicant submit a list of vendors along with payment of a one day business tax in an amount of $10.00 or $20.00 per business. Issuance of a Temporary Use would be conditioned upon this requirement. The TU recipient would be responsible for remitting further tax payments for any vendors which they allow to participate which were not included in the TU payment. This procedure would require: a) A change in the business tax section of the TMC to allow one day business taxes. b) A change in the temporary use section of the Code to require business tax payment as part of the TU submittal. 2) A blanket business tax paid by all temporary use applicants, both for profit and non—profit, to cover all one day vendors. A tax of $100 may not be out of line for events like TPI. 3) An exemption for one day business or occasional businesses located outside of Tigard. Section 5.04.040 could be repealed. Staff is concerned that this issue be addressed before further events. Confusion such as that expressed by Mr. Eaves in the attached letter should be avoided. As you can see by his letter (directed to the City) he states that "nothing was mentioned about any business tax". Also, he wants the City to return his $30.00 rent deposit. He obviously confused TPI as a City sponsored group. The public relations problems created by this matter reflect on the City. A list of companies which participated but did not pay a business tax is attached dj/2B62P r x s_ Z. a .. J oto * � � �w�0 � u� ,L���'T�x Timis' ,T.�!'-iE�� ls••d✓� �t SEs des!-TtOiv �t-.v� >4 O.,o aaVAA-'OXS G. .AY/OT E' _4 ov r?vT 77 .0 /!�i/e1sad.L • ° , .,Oow� cd,•ts N i,Dt�er�a, ,tem u y' aez .es� AwT cow 144or Lv'A�.f<.A ' .� d�'!t i'.t/' VIVO AF OVAL } I u _ Doyle and Wanda Eaves ` 4055 47th Ave NL'� 14 TH V� a uT` Salem OR 97305 393-3122 P,!lUL� TiJs'� J b L Ent. Dist. of Rainbow Products Laura Salsky ' 9663 SW Barbur Blvd Portland q*1&( 246-6005 The Gem Patch Harold J. Nobble 415 Marino Dr N Keizer 390-0946 Shades of Excitement Anne Young 20939 Sw Mnrtinazxi Tualatin 692-5695 or 692-1481 llsboro Skate 1d Dance b Figure Club Di a Davis 1126 W 9 Ave Tigard 97223 684-05 - ome 635 65 - Wo Discovery Toys Susan Pederson 12180 SW Alberta St Tigard 620-4430 Kim's Restaurant Tran Trung Van 1705 Winter St SP Salem OR 97303 363-2959 fi =z . MEMORANDUM JA CITY OF TIGARD, OREGON TO Mayor, City Council, and (� • �� July 29, 1986 City Administrator V FROM' Chief of Police, David Lehr SUBJECT: "Grusin' Tigard '86" Police Related Activity Of "Grusin' Tigard 186" was successfuwerelly cthucar bash acted on nd 7/26/86. Activities the Police specific concern of the Department Auction and the evening concert/beer garden. n a ished The car bash occurred without i oriderossed �2and g791efarpthQsGenerallFund iThe timely manner. The Police Auction g Auction resulted in the removal of most automobiles stored as evidence at the Public works Facility. The concert/beer garden went relatively smoothly wth nno 3cincid complaints of ents of aloud duration requiring police intervention. There music/noise received from residents, �- event. it went very Given the larger numbers of persons attending the day—long well and a good time was had by all. DCL:lw/3993A ^ :ham 1'1EMOR Y DUl l CITY OF TIGARD, ORDC30N TO May-or, Council and tua August 1, 1986 FROM; Chief of Police W3,n T: Recruit Selection Update As you know, the Police Department has been in the process of selecting recruits for hire. We have completed the steps of: physical fitness test; written test; assessment interview; and assessment center. We have an eligibility list of 12 names established from that process. You will find attached the list. We were very excited about the process, and are really comfortable with the results. Eleven officers and supervisors were directly involved in the selection process. Eight were involved as assessors. Also, as you know, Jeanne Caswell, Cumber of C7opmmmerce Manager, represented the citizenry as an assessor in the selection process. Her interaction with the officers was very positive, and all involved appreciated her personal involvement and the fact that she was representing the community. We are now starting the final selection process, which consists of: coWlet,ion of an indepth application; a background investigation; a psychological screenuq,- and a medical exanumation. We feel confident that we will be prepared to hire authorized personnel on September 1, as scheduled. - - r TICa= V=CE DVARTmERrNEW HnW. ELIGIBnXry LIST b VALp ME 7/24 88 { � SOME --- 45.03 1. William A. TOOM 42.8 b 2• LwcrY RA== m� 3. Micgael F. EMUZ 42.0 4. C3wist Paul NAM 41,0 ' G 40.67 5. David R. WRRFM 6. 3ee M. GA EtD 40.65 38.32 7. 37.9 8� � ,4 35.75 9. Chad A. 3OP 35,4 3' 10. Carl WM ll. De�1 J. O'er 33.5 �3!} 33.0 12. Laurie W CERrIFIM BY: ea .. C. Lebivff m" chw of ftlize 7/385 i i CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY Q ` AGENDA OF: August 11 1986 AGENDA ITEM #: L � DATE SUBMITTED: July 31, 1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Approve Contingency Appropriation PREPARED BY: William A. Monahan REQUESTED BY: DEPARTMENT HEAD OK: Uy'l ' CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY An appropriation of $64,000 from Contingency is requested. Of the amount, $14,000 will be used to prepare a park plan and $50,000 will be allocated to completing the Civic Center project. The $50,000 allocation will eventually be placed back into contingency. ALTERNATIVES CONSIDERED 1. Pass the attached resolution and appropriate $64,000 from Contingency. 2. Take no action. — SUGGESTED ACTION The staff recommends that the City Council pass a resolution and appropriate $64,000 for Contingency. 26rS9P a NEMpRANDLIM CITY OF TIGARD, OREGON ' July 31, 1986 B` TO: Members of the City Council FROM; William A. Monahan, Director, Community Development 5U8JECT: Contingency Appropriation The attached resolution appropriating funds from contingency was prepared for two purposes: in the 1. $14,000 to fund a Park Planning A nin to month assist tempor temporary SeniorPlanner Ptimeeposition preparation of a Park Plan. would be filled to work with the Park Board and staff to complete the Pro previously in a few years ago, Salary will be $1,000 per ". month. Benefits will be limited. Materials and services will amount to $3,500 to cover expenses related to data gathering, mapping, graphics, and limited printing. give he g $50,000 for the Civic Center pro r incurred by sthaeprojOct.needed ta Funds will ill City legal autharity to pay returned to the contingency account once adjustment of the ending fund balance is completed. The Council is asked to approve the adoptedution City budget inathat amount.. l of $64,000 from contingency to revise t, WAM:br2669P a CITY OF TIGAR . ORF-GW COUNCIL AGENDA ITEM sN, "RY AtoENOA OF: 1986 AGEAidA ZTEM N: GATE SUBMITTED: -18-86 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Acceptance of Tigard Water District PREPAREO BY: Randy Clarno Street Dedication REQUESTED BY: Tigard Water Dist. & --JEngineering OEPARTMONT HEAD OK: l / ' CITY ADMINISTRATOR: POLICY ISSUE sm yrs-:3s INFOWATMU SUMMARY In March 1986, the Tigard Water District constructed half- street improvements along a portion of S.W. Hall Blvd. and S.W. Burnham Street, The District had decided to construct these improvments prior to actual site development. Associated with these improvements was the necessary dedication of additional right-of-way. Attached are the necessary dedication documents for your review. � oca ALTERNATIM fIJNSI0ERE0 1 . Accept this street dedication. 2. Not accept this street dedication. BIfOOE'�T� IICT110w ari The Engineering section recommends that Council accept this street dedication from the Tigard Water District and direct the city recorder to record these documents with Washington County. TIGARD WATER DISTRICT 6841 S. W. COMMERCIAL ST. TIGARO.OREGON 97223-6290 PHONE (503) 639 1554 July 3, 1986 Randy R. Wooley, P. E. Deputy-Director/City Engineer City of Tigard P. O. Box 23397 4 Tigard, Oregon 97223 Re: Street Dedication: S. W. Hall and Burnham Dear Randy: Enclosed are documents, including map, in which Tigard Water District dedicates to the public a portion of its property adjacent to S. W. Hall Boulevard and S. W. Burnham Street a perpetual right- of-way for street, road and utility purposes. It should be noted that all of Hall Boulevard and only a por- tion of Burnham Street have been improved. Plans are being prepared to complete the remainder of Burnham Street this Fall. All plans will be subject to your approval, including the final product. It is requested that this street dedication be presented to the city council for acceptance. Thank you. Sincerely yours, TIGARD WATER DISTRICT Robert E. -Santee, P. E. Administrator cc: Stuart L. Cato, P. E. kpff Engineers 421 S. W. 6th Avenue Suite 911 Portland, Oregon 97204 ca_MP cN STREET DEDICATION KNOW ALL MEN BY THESE PRESENTS, that the Tigard Yater District do here y dedicate to the Public a perpetual right-of-way for strait, road and utlllty f," purposes on, over, across. under, along and within the following described real property is Washington County. Oregon: (SEE EXHIBIT A) 2!� I certify that the legal description as shown in Exhibit A is correct and closes. �Go*s*at�� �i s*.0 r L s* To have and to hold the above-described and dedicated rights unto the Public forever for uses and purposes bereinabove stated.. The grantor(*) hereby covenants that they are the awaer In fee simple and the property is free of all limas and encumbrances. they have good and legal right to groat their rights above-described, and they will pay all taxes and assessments due and owing on the property. The amount paid for this dedication is $ -0- Iii WITNESS WHEREOF. the undersigned corporation has caused this Street Dedication to be executed by its duly authorised. undersigned office;e acting pursuant to nesolutiom of its Board Of Directors. , . Tigard Water District Name Of Corporation By: _ — BYZ- G ;� an C Chairman Ak Robert a 80e Contract Holder (Seller) a k{• / Secretary Richard M. Brown On this 2nd day of July, 1986, personally appeared the within STATE OF OREGON ) named van S. Came who is known to se to be the identical ss. indiv ua. Qscr bed in and who exacut � within !ns t COUNTY OF WASHINGTON) and acknowledged to me that he uly 2 , 1q 86 ezecated sass freely and voluntarily. Fsrronally appeared Robert C. Bledsoe gad Richard M. Brown who, each being first duly sworn, did say that the: ormst is the ^hairman p onstdosmxand that the latter is the Secretary sUjameMsp of Board of Commissioners 'Ticiard Water D str , a corporation, and that t e goal affixed to the foregoing instrument is the corporate seal Of *aid corporation and that said Instrument was signed and sealed in behalf of said corporation by authority of its board of directors; and each Of them acknowledged said instrument to be its voluntary Oct and dead. (Official Seal) Ic Watery FY 1 or OTQg* Ny COsmiasiOn expirest 42,'5W i ACCEPTANCE Approved as to form this //M day Of • 9Q,�• By y Attatasy City o Tigar Approved as to legal description this ,day of u 19 81, By: cit Ci Tigard Accepted by the city Council this lir' day of CI CO CIL. CITY Of TIG�ARD, OREGON By ity Reeorder - City of Tigard 17016A) Job No. 3195 June 30, 1986 EXHIBIT A LEGAL DESCRIPTION FOR S.W. BURNHAM ST. &, S.W. HALL BLVD. A tract of land in the Southeast quarter of the Northeast quarter and in the Northeast quarter of the Southeast quarter of Section 2, T2S, R1W, W.M. , Washington County, City of Tigard, Oregon, said tract being a portion of those parcels of land described in a contract to the Tigard Water District, recorded as Fee No. 84-025846 of the Washington County film records, said tract of land being more particularly described as follows: Beginning at the intersection of South right-of-way line of the Oregon Electric railroad with the center line of the Beaverton-Tualatin Highway, as relocated, (Old Highway No. 217 ) (S.W. Hall Blvd. ) , said center line being described in Book 455 at page 294 of the Washington County Deed Records, from said point of beginning, the Northwest corner of the W. W. Graham Donation Land Claim bears N35'48'58"E 1915.78 feet, also a 3/4 inch iron pipe bears N39'50' 18"W 39.56 feet, thence from said point of beginning S02'05137"W, along the center line of said highway, 150. 19 feet to a point of curve; thence southeasterly on a 191 .29 foot radius curve to the left, 11 .87 feet along the are, through a central angle of 03"33' 19" (the lung chord bears S00'21 '58"W 11 .87 feet) ; thence continuing on said 191 .29 foot radius curve to the left 76.38 feet along the arc, through a central angle of 22'52'51" (the long chord bears S12'54'27"E 75.87 feet to the point of intersection with the center line of S.W. Burnham Street (County Road #997) , extended; thence N88'12'07"W 261 .18 feet to angle point #1 of County Road #997; thence N43'16107"W 584.54 feet to the most westerly corner of that tract described in that real estate contract recorded as fee #84025846, Deed Records; thence leaving said center line N44'48'53"E 30.01 feet; thence 343'16107"E 480.41 feet; thence on a 190 foot radius curve to the left 149.00 feet along the arc, through a central angle of 44'56100" (the long . chord bears 365'44'07''E 145.22 feet) to a point 40.00 feet from (when measured at right angles to) the center line of 3 County Road #997; thence S88'12'07"E 84.61 feet to a point of curve; thence on a 31 .00 foot radius curve to the left 48.53 feet along the arc, the central angle equals 89`42116" (the long chord bears N46'56'45"E 43.72 feet) ; thence NO2'05137"E 214.41 feet to the South line of the said Oregon Electric Railroad right of way; thence S40'08'20"E 66.95 feet to the point of beginning. All bearings are based on Washington County Survey Number 20,751. 70023 /18 C/ % 1900 10 f v' t ` .91Aa �, `oo CSA\ x� X. 2000,1- ?A c. 000`,?At. ofd 2100 °yo t ax.s��sRx PARCEL /• �. III r'1 ° g: 0 # PARCEL 200 :.L As. �• o PARCEL % + Boginning Point ap 4S' a R•190' a 1 d��1i N R $ 31' :o+una st. N 21 . 84.61' ! 4 . b � � 1 •e;•s''e .sae.ss ! ' ��e STREET 1 SEE MAP SEE MAP 23 1 209 2S 1 20A T I GARD SE I/4 NE. W SECTION 2 T2S R I W WM. 2S I 2" WASHINGTON COUNTY OREGON SCALE 1"= 100' r, P.O.BOX 127 TUALATIN.OREGON 97082 PHONE 682-:801 July 24, 1986 T0: Board of Directors FROM: Floyd Pittard RE: Tigard Council/TRFPD Board Members Dear Board Members: A meeting of Tigard Council and TRFPD Board has been scheduled for September 3, 1986. We will meet at the new Tigard City offices at 7:00 PM on that dee. A tentative agenda is enclosed. Please feel free to suggest additions or changes. You will receive a final agenda and a reminder of this meeting prior to September 3rd, Sincerely, Floyd Pittard Chief FLP:die cc: Bob Joan, City Mgr, Tigard a .. u> '"` rY TENTATIVE AGENDA JOINT TIGARD COUNCIL - TUALATIN FIRE DISTRICT BOARD MEETING DATE: September 3, 1986 PLACE: Tigard City Offices (Civic Center) TINE: 7:00 P.N. Call to order -- Mayor Cook o Introductions Topics of Interest -- o Impact of proposed changes in advanced life saving and ambulance service o Impact of Metzger annexation o Effects of TRFPD-WCFD #1 consolidation o Growth and development in Tigard and fire district o Cost of fire service for fire district citizens Establish need and date for next meeting o AdJourn CITY OF TYGARO OREGON OOUNCIL AGENDA ITEM SUMMARY �. AGENDA OF: 11, 1986 AGENDA ITEM N' OATS SUBMITTED: 7-29-86 PREVIOUS ACTION: Acceptance ISSUEdAGENOA TITLE: C 1 a r n of Russ Krueger (Coswald No. 3 PREPARED BY: Randy Engineering Sub. ) Street Nonremonstrance REQUESTED BY: agreemen CITY ADMINISTRATOR: DEPARTMENT HEAD OK: POLICY ISSUE INFORMATION S�XY+UIRY loc ted just Cotswalo Meadows No- 3 is a proposal - ].otApprovalsofnthis asubdivision west of execution of a Nonremonstrance Cotswald Meadows No � and No. p was subject to several conditions including our review and acceptance. Agreement for future street improvements to 135th Avenue and Murray ,.` Blvd. Attached are the executed document � aONSIDERED 1 . Accept this Nonremonstrance Agreement 2. Do not accept this Nonremonstrance Agreement . i ce Engineering reco:nm ends that council accept this n�corderstoahave Agreement from Russ Krueger and direct the city r all documents recorded with Washington county. 41, r y: CORPORATION CONSENT COVENANT (NONRENONSTRANCE AGREEMENT) Street improvements The undersigned owners (including purchasers) of the real property described below do hereby record their consent to the formation of a local iaprovesent district by the City of Tigard for the purpose of improving the public streets upon which the described property abuts. The undersigned expressly waive all present and future rights to oppose or remonstrate against the formation of a local improvement district for the improvement of the abutting street or streets, reserving only the right to contest the inclusion of particuVarucosr st Items in the improves�ent district proceeding and any right they may the laws of the State of Oregon to contest the proposed assessment formula. The real property that is the subject of this consent covenant is described as follows= SEE ATTACHED EXHIBIT "A" IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be executed by its duly authorized, undersigned officers acting pursuant to resolution of its Board of Directors. KRUEGER DEVELOPMENT CO. NemsCarporat on Corporate Sssl By: \{L=4 ik _. Prost sat "' "�"" STATE OF OREGON ) By: 1` $s. Secretary County of Washington ) Personally appeared Russell A. Krueger +� who, each' lug first u y sworn. ! say that e rormer is the president newt sax mimic ]masses 'M xhs stf a corporation, and t t t e ase a xed --Co - a o orsgoing instrument is the corporate seal of said corporation and that said in authority ooff its~aboard signed of d!ectors ed and sealed lot Ofsaid iackaowcorporation by dged said Instrument to be its voluntary act and deed. r♦ /; f� �I..a�•�+c�[.i U 6t t.v4.r w.���' '��lry Public or Oregon (NOTARIAL SEAL) Ny COMIssins Expires: !� 6 Approved as to formthis day of 19 Atior: —) o gar Approved as to legal description this Zday of By: d.ts-:rte' py of Tgar 1S'T% 9W— Approved this 7'f' day of — ► I9�o CITY C IL, CITY OF TI"a" OREGON -, I y ear or - ity o Tiger (02065) l EXHIBIT "A" Beginning at a point which bears South 441.14 feet and West 1128.58 feet from the South Quarter corner of Section 33, Township 1 South, Range 1 West, of the Willa- mette Meridian and running thence North 01°34'57" East 470.13 feet to a point on the South line of said Section 33; thence North 41054'11" East 34.54 feet; thence North 85027116" East 101.22 feet; thence South 88022'28" East 75.39 feet; thence North 0103732" East 90.00 feet; thence North 88022128" West 20.35 feet; thence North 01.37132" East 140.00 fest; thence North 33023'23" East 90.58 feet; thence North 01.34135" East 505.74 feet; thence North 01.38'52" East 50.00 feet; thence along the arc of a 375.00 foot radius curve to the right, the long chord of which bears South 85040145" East 34.98 feet, 34.99 feet;;thence North 01034135" East 87.36 feet; thence South 84'35'52" East 195.43 feet Co a point on the West tine of COTSWALD MEADOWS, a plat of record in Washington County, Oregon; thence South 01034135" West along said West line and the West line of COTSWALD MEADOWS No. 2, a plat of record in said County, $72.00 feet to a point on the South line of S.W. Morning Hill Drive; thence South 88.22128" East along said South line 13.97 feet to a point of curvature; thence along the are of a 17.00 foot radius curve to the right, the long chord of which bears South 43.04'00" East 24.17 feet, 26.89 fest; thence South 8$'47135" East 50.01 feet to a point on the West line of Lot 83 of said plat of COTSWALD MEADOWS NO. 2; thence South 02.14'27" West along said West line 83.32 feet to a point on the South line of said Section 33; thence South $8"25103" East along the South line of said Section 33 100.01 feet to the North- west corner of that certain tract of load conveyed to Frank E. and Janis E. Asnaman by a deed recorded in Book 1210, page 334 of the Washington County, Oregon Deed Records. thence South 02.14'27" West 490.00 feet to the Southwest corner of said Aswean tract; thence South 04.23'12" West 35.00 feet; thence along the are of a 500.00 foot radius curve to the left, the long chord of which bears North 87.00157" West 24.47 feet, 24.57 feet; thence North 88.25'03" West 424.31 feet; thence along the are of a 900.00 foot radius curve to the right, the lung chord of which bears North A2°25101" West 188.17 feet, 188.51 feet; thence North 13.35101" East 35.00 feet to the point of beginning. F a ;y 'Aft. S.W. O A 5.w.i M . � MEFRiE_D G. !t alY. A41'IBURY LN. 65 MOM LX.` ar v w. ENa �• I I ^ MoaRptps J f4lCGA ht3 Dii. y cat W. r Pmt - , S. $-,r D 3 w Y• S W w�1 puT n. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: AUGUST 11, 1986 AGENDA ITEM #: DATE SUBMITTED: August 1, 1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Library Board Appointment PREPARED BY: Donna Corbet REQUESTED BY: / 'y�'� DEPARTMENT HEAD OK: �v'F " CITY ADMINISTRATOR: POLICY ISSUE Appointment to Library Board to fill vacancy left by Peggy Ober who has moved away. INFORMATION SUMMARY Amo Be Bernardis is interested in sitting on the Library Board again. His f appointment to the vacant term has been approved by the Mayor and some council members. ALTERNATIVES CONSIDERED SUGGESTED ACTION Approve Amo De Bernardis' appointment to the Library Board to fill the vacant seat left by Peggy Ober. . CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY . AGENDA OF: August 11 1986 AGENDA ITEM N: �• DATE SUBMITTED: 3uly 31 1985 PREVIOUS ACTION: Adoption of ISSUE/AGENDA TITLE: Personnel Resolution No. 82-75 Manual Amendment PREPARED BY: William A. Monahan REQUESTED BY: CITY ADMINISTRATOR: DEPARTMENT HEAD OK: POLICY ISSUE Should the Personnel Rules be amended to clarify the meaning of work week? INFORMATION SUMMARY Due to the application of the Fair Labor Standard Act to governmental personnel policies, clarification of the term "Work Week" is needed. The meaning of the term is critical in determining when overtime is earned. The executive staff has studied the issue and recommends clarification to the manual which would make all compensated hours worked or time off credited toward completion of a forty—hour work week. Time worked beyond 40 hours would be overtime, in one form or another. ALTERNATIVES CONSIDERED 1. Adopt the proposed resolution amending the Personnel Manual. 2. Take no action. 3. Revise and adopt the proposed resolution. x SUGGESTED ACTION The staff recommends that the City Council adopt the proposed amendment to the Personnel Rules. (WAM:br/2660P) MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council July 31, 1986 FROM: William A. Monahan, Director, Community Development 0 SUBJECT: Personnel Manual Amendment The present personnel policy related to work week, contained in Resolution No. 82--75, is unclear in light of recent rulings related to the Fair Labor Standards Act (FLSA). Confusion has arisen over when overtime, compensatory time, or like time begin. The management staff is affected, not union personnel who are governed by labor agreements. The Executive Staff has reviewed the issues and recommends that an amendment be made to Resolution No. 82-75 which will clarify that the work week is made up of hours worked, holidays, vacation time used, sick leave, and any other compensated time off exclusive of on-the-job injury. All time in excess of forty hours in a given work week would be credited as some form of overtime. The form of the overtime is determined by the job classification, for instance, department heads receive like time at a 1:1 ratio while division managers receive compensatory time at 1:1 ratio. Section managers, crew chiefs, and professional staff earn at a 1-1/2:1 ratio. The staff recommends that the City Council adopt the proposed resolution amending the personnel rules effective July 1, 1986. (WAM:br/2660P) CITY OF TIGARD } RESOLUTION NO. _S A RESOLUTION AMENDING THE PERSONNEL POLICIES AND PROCEDURES MANUAL FOR THE CITY OF TIGARD. -_ WHEREAS, The City of Tigard City Council adopted personnel policies and procedures by Resolution No. 79-38; and WHEREAS, in order to insure the most effective and efficient delivery of services to the citizens of Tigard, it is necessary to maintain a reasonable system for administration of all personnel matters; and WHEREAS, the City of Tigard is firmly committed to the principles of fairness and merit in personnel administration, it is necessary to maintain personnel policies and procedures insuring that all personnel practices shall be £uipartial and universally applied and shall be consistent with the Oregon Revised Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD THAT: SECTION 1: The Personnel Policies and Procedures Manual be amended as follows: 1 Chapter V, Section 5.8 Unclassified Personnel-Compensatory Time ` Unclassified personnel may be expected to work beyond the normal 40 hour work week in order to render the services and support to conduct and supervise the work programs which have been assigned to them. Unclassified staff will be k allowed to accrue and use eompensrtory time in the following manner: a) Department Heads will be allowed to take time off as workload permits on an exchange or like time basis for work in excess of a normal work cycle, subject to approval by the City Administrator. b) Division Managers and Professional employees will be allowed to accrue and take off accumulated compensatory time as workload permits on an hour for hour basis subject to approval by the employee's immediate supervisor. c) Section Managers (Supervisory) and Confidential employees shall be granted compensatory time at a rate of time and a half the number of hours worked. Compensatory time off is to be scheduled as workload J; permits and is subject to approval by the employee's immediate supervisor. SECTION 2: i Chapter VII, Section 7.8 l Military Leave Any employee who is a member of the National Guard, National Guard Reserve or any reserve component of the Armed Forces of the United States is entitled, upon request, to a leave of absence from his duties for a period not exceeding 15 days in any one calendar year, without loss of time, pay, or regular leave in accordance with ORS 408.290. a) Request Procedure 1 A copy of orders must be presented to the Department Head, subject to the approval of the City Administrator. b) Reimbursement of pay to the City Employees receiving allowances from the National GuArd, National Guard Reserve or any reserve component of the Armed Forces of the United States must submit the allowance to payroll if the employee is on paid leave during military active duty or training. c) Volunteer Service Employees volunteering for service shall be granted leave without pay in accordance with ORS 408.290 for the duration of volunteer military service. PASSED: This — day of 1982, by the Council i of the City of Tigard. Mayor - City of Tigard ATTEST: Recorder - City o Tiga RESOLUTION NO. A-2 _ 7.5 �r a . ' _ CITY OF TIGARD, OREGON MEMORANDUM TO: Bob Jean, City Administrator August 5, 1986 FROM: Brian Hartung, Community Assistant SUBJECT: Current/Potential Board and Committe acancies Board/Committee Name Date Budget Nancy Campbell 7/1/86 Budget Dale Evans 7/1/86 Economic Dev Juanita Caday 1/16/87 Economic Dev Amo DeBernardis 8/11/86 Transportation Wilbur Bishop (Mayor's) 7/1/86 Transportation At large 12/31/88 Terms to Expire Next 6 months: Economic Dev Jim Corliss (Triangle) 1/16/87 " Kathryn Budny 1/16/87 Susan Clark 1/16/87 +� +' Richard Cochran 1/16/87 g Transportation Tom Sullivan (C of C) 12/31/86 it Milt Fyre (PC) 12/31/86 is Joe Schweitz (NW of 99) 12/31/86 Parks & Rec Dr. Dan Graham 12/31/86 Pat Biggs 12/31/86 Elisabeth Golden 12/31/86 " Sandra Helfrich 12/31/86 Utilities & Franchises Marcia Gaiser 12/31/86 Don Jacobs 12/31/86 Phil Edin (Ex Off) 12/31/86