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City Council Packet - 06/07/1994A ix CITY OF TIGARD OREGON PUBLIC NOTICE. Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. Times noted are esffmated: it is recommended that persons Interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda iterns can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deao. Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as :much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA 0 COUNCIL AGENDA - JUNE 7, 1994 - PAGE 1 TIGARD CITY COUNCIL MEETING JUNE 7, 1994 AGENDA STUDY SESSION (6:30 P.M.) Agenda Review 1. BUSINESS MEETING (7:30 P.M.) 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications/Lialson Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. OATHS OF OFFICE (Pending Receipt of Certification of Election Results) Administered by Municipal Court Judge Michael O'Brien 2.1 Mayor 2.2 City Council Position No. 3 2.3 City Council Position No. 4 3. ELECT COUNCIL PRESIDENT TO SERVE UNTIL DECEMBER 31, 1994 (Pending Receipt of Certification of Election Results) Y Mayor 4. SPECIAL PRESENTATION TO INTERIM MAYOR JACK SCHWAB 0 5. VISITOR'S AGENDA (Two Minutes or Less, Please) 6. 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: 6.1 Approve Council Meeting Minutes: April 26 and, May 10, 1994 6.2 Receive and File: Canvass of Votes - May 17, 1994 Election (Pending Receipt of Canvass of Votes from Washington County Elections Division) 6.3 Approve Contract with Washington County Department of Health and Human Services to Allow Receipt of $5,000 in Grant Funds for Anti-Gang Purposes 6.4 Adopt Community Policing Philosophy for the Tigard Police Department Resolution No. 94-- 6.5 Local Contract Review Board - a. Award Contract for the Construction of the 12-Inch Transmission Main on S.W. North Dakota St. to Golden Valley Construction, Inc. b. Award Contract for Construction of Lakeside Drive Storm Sewer Replacement to D & D Concrete & Utilities C. Award Bid for Copying Machine to Commercial Office Products 6.6 Authorize City Administrator to Sign Metropolitan Area Communications Commission Contract for Cable Coverage of Council Business Meetings COUNCIL AGENDA - JUNE 7, 1994 - PAGE 2 7. APPEAL PUBLIC HEARING - ESTABLISHMENT OF REIMBURSEMENT DISTRICT - PACIFIC RIDGE SUBDIVISION • Open Public Hearing • Declarations or Challenges • Staff Report - City Engineer • Public Testimony Appellants Respondents Rebuttal • Council Questions/Comments • Close Public Hearing • Council Consideration -8. COUNCIL CONSIDERATION: AMENDMENT TO TIGARD MUNICIPAL CODE - ORDINANCE PERTAINING TO CHRONIC NUISANCE PROPERTY • Staff Report: Chief of Police • Council Consideration: Ordinance No. 94- 9. NON-AGENDA ITEMS 10. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 0 11. ADJOURNMENT h:\rewrder\cca\cca0607.94 COUNCIL AGENDA - JUNE 7, 1994 - PAGE 3 1 Council Agenda Item T Y & G A R D C I T Y C O U B C I L MEETING MINUTES - JUNE 7, 1994 Councilor-Elect Mayor Schwartz, Councilor-Elect Cobh Rohlf and Recorder Councilor-Elect Ken Scheckla were sworn in by Y Catherine Wheatley at 6:15 p.m. The oaths were administered at this time in order to allow the newly-elected officials to participate in the Study Session and Executive Session Meeting. During the Business Meeting, oaths were administered in a ceremony conducted by Municipal Court Judge Michael O'Brien. • Meeting was called to order at 6:30 p.m. by Mayor John Schwartz. 1. ROLL CALL Council. Present: Mayor John Schwartz; Councilors Wendi Conover Hawley, Paul Hunt, Bob Rohlf, and Ken Scheckla. Staff Present: Patrick Reilly, city Administrator; Janice Deardorff, Human Resources Director (Executive Session only); Ron Goodpaster, Police Chief; Tim Ramis, Legal Counsel; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. (NOTE: Prior to going into Executive Session, City Attorney Ramis asked that it be noted for the record that there were no members from the newspaper media present). • 'EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:35 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. Council meeting reconvened at 7:20 p.m. S -OD SESSIOF: Agenda Review: Councilor Hunt noted it would be his preference there be no study session prior to the meeting in the Town Hall Conference Room; he would like to see this portion of the meeting conducted in the Town Hall. If that would occur, he questioned whether the cost of cable TV (Item 6.6) would be affected. City Administrator Reilly said he did not believe the cost would go up significantly since he monitors agendas; on these days the Business Meetings are likely to be very short, c«-~jle coverage is cancelled. Councilor Scheckla noted preliminary concerns with the Study Session process as well. 0 CITY COUNCIL MEETING MINUTES - JUNE 7, 1994 - PAGE 1 After brief discussion, council consensus was to wait for about two months before reviewing changing the Council meeting format. Items for review - City Administrator Reilly advised, for the benefit of the new Council members, that they received a Final Order in their Council mail from the Hearings Officer. He pointed out that there is a period of time in which Council can determine whether or not they want to review the issue. This deadline is stated within the Final Order. The deadline is set so there is at 'least one Council meeting that will occur to give Councilors an opportunity to decide whether to call up the issue to review the final decision. City Administrator advised there is a breakfast meeting sponsored by the Tualatin Valley Economic Development Corporation. Bill Moshofsky will be the guest speaker at the Sweetbriar Inn on June 9 at 7:00 a.m. Mr. Moshofsky is the attorney for the Dolan family in the Dolan v. City of Tigard, Oregonians in Action. Council Orientation meeting was scheduled for June. 22 at 6:30 p.m. BUSINESS METING The business meeting was called to order at 7:35 p.m. by Mayor Schwartz. Cotincil Communications/Liaison Reports: Mayor Schwartz advised that he attended a recent Washington County Transportation Communications Commission (WCTCC) meeting. Metro has been working with the County in putting together a $600 million transportation bond measure for voter approval. He advised approximately $475 million of this measure would be for light rail. Additional dollars were available for a. north-south light rail connection and for some bike and pedestrian ways. In addition, Mayor Schwartz noted a 2040 visioning project is under review by Metro and surrounding jurisdictions. Residents will soon be receiving a questionnaire to complete and return with regard to the urban growth boundary and whether it should be extended. He urged citizens to complete the questionnaire. Call to Council and staff for non-agenda items - City Administrator Reilly announced he would be updating council on the Link agreement. Councilor Hunt advised he would like to bring up the issue of the Main Street Building that is for sale. CITY COUNCIL MEETING MINUTES - JUNE 7, 1994 - PAGE 2 2. OATHS OF OFFICE Municipal Court Judge Michael O'Brien administered the Oaths of office as follows: • Mayor - John Schwartz • council Position No. 3 - Bob Rohlf • Council Position No. 4 - Ken Scheckla 3. ELECTION OF COUNCIL PRESIDENT TO SERVE UNTIL DECEMBER 31, 1994 - Mayor Schwartz nominated Councilor Hawley to serve as Council President. - Councilor Scheckla nominated Councilor Hunt to serve as Council President. Council cast their ballots on a written ballot as follows: Mayor Schwartz: Wendi Conover Hawley Councilor Hawley: Wendi Conover Hawley Councilor Hunt: Paul Hunt Councilor Rohlf: Paul Hunt Councilor Scheckla: Paul Hunt Councilor Hunt was elected to serve as Council President until December 31, 1994. 4. SPECIAL PRESENTATIOU TO INTERIM NAYOR.JACK SCHWAB Mayor Schwartz presented Jack Schwab with a "Certificate of Appreciation," an engraved gavel, and City of Tigard glass mugs as a token of appreciation for his service as Interim Mayor of the City of Tigard from April 1 - June 7, 1994. 5. VISITOR'S AGENDA • Gene McAdams, 13420 SW Brittany, Tigard, Oregon, 97223, testified with regard to the 130th and Winterlake connection. Mr. McAdams noted that at a meeting of the West CIT West, there was a petition on a table to sign up against the 130th and Winterlake connection; Mr. McAdams protested this action. In addition, he noted that a Budget Committee meeting, the 130th and Winterlake connection was not discussed because of the quasi-judicial limitations of prior discussion. He advised that when Council, on January 25, 1994, chose to abort the process which would establish this connection, it 0 CI'T'Y COUNCIL MEETING MINU'S'ES - JUNE 7, 1994 - PAGE 3 did so with no justification or fact finding. As a result of Council's action, he..said he is being damaged daily. Damages include increased traffic on neighborhood streets, which is being turned into an arterial. He advised he wanted these issues on the record for future reference. The following persons advised they wished to donate their two minutes of time for the visitor's Agenda to Donna Hilrany for a presentation on the Arts Policy: Sharon Maroney, and Matthew Ryan. Donna Milrany, Metropolitan Arts Commission, 1120 SW 5th Avenue, Portland, Oregon, testified in favor of establishing City of Tigard Arts Policy. She referred to the Arts Plan 2000 Plus effort conducted throughout the region. She urged financial support of the arts, including the Broadway Rose request for support; support of the Arts Commission of Tigard, Tualatin, and Sherwood; and consideration of development of an Arts Policy to assist in making decisions in investment of the arts. She advised she offered her assistance in helping develop this policy. She noted the Arts Commission is working towards becoming a private, non-profit organization. She stressed the importance of having regional representation. • Mary Simeone, 9708 SW London Court, Tigard, Oregon, 97224, also testified in support of the Arts Policy. Ms. Simeone outlined the work underway for the last five months by an ad hoc committee involving the arts in many different areas. She also offered assistance to help Tigard Council as they look at developing a policy. A packet of information was distributed to City Council for their review. • Michael Gerking, 11149 SW Eschman, Tigard, Oregon read a letter on behalf of "Friends of Summer Creek. A copy of this letter is on file with the Council meeting packet material. (]Note: Greg Gerking relinquished her time on the Visitor's Agenda to Michael Gerking). Cal Woolery, 12356 SW 132nd Court, Tigard, Oregon, 97223 - Mr. Woolery extended his congratulations to the new Council. Mr. Woolery referred to the 130th and Winterlake connection. He noted this issue had been studied and the Comprehensive Plan had been supported by the Planning Commission. He noted this was a well-thought-out process, and was created before development had occurred in the area. . Mayor Schwartz asked staff to check on the soliciting petitions referenced during Visitor Agenda testimony. He noted that CIT meetings are for public information purposes. CITY COUNCIL MEETING MINUTES - JUNE 7, 1994 - PAGE 4 6. CONSENT AGENDA Motion by Councilor Hunt, seconded by Councilor Scheckla, to approve the Consent Agenda as presanted: 6.1 Approve Council Meeting Minutes: April 26 and May 10, 1994 6.2 Receive and File: Canvass Of Votes - May 17, 1994 Election (Pending Receipt of Canvass Of Votes from Washington County Elections Division) 6.3 Approve Contract with Washington County Department of Health and Human Services to~Allow Receipt of $5,000 in Grant Funds for Anti-Gang Purposes 6.4 Adopt Community Policing Philosophy for the Tigard Police Department - Resolution No. 94-24. 6.5 Local Contract Review Board - a. Award Contract for Ithe Construction of the 12-Inch Transmission Main on S.W. North Dakota St. to Golden Valley Construction, Inc. b. Award Contract for Construction of Lakeside Drive Storm Sewer Replacement to D & D Concrete & Utilities C. Award Bid for Copying Machine to Commercial Office Products 6.6 Authorize City Administrator to Sinn Metropolitan Area Communications Commission Contract for Cable Coverage of Council Business Meetings Motion was approved by unanimous vote of Council present. (Mayor Schwartz and Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.") 7. APPEAL PUBLIC HEARING - ESTABLISMMWr OF REIMBURSEMENT DISTRICT -PACIFIC RIDGE SUBDIVISION A. Public Hearing was opened. B. There were no declarations or challenges. C. Staff report: (1) Legal Counsel Ramis advised as council deliberates, there are two issues to consider: (a) Is it appropriate under the circumstances to grant a reimbursement district? He noted a district has already been formed and Council is hearing an appeal of that formation. (b) What is the appropriate boundary and charges for the reimbursement district, if the district is granted? CITY COUNCIL MEETING MINUTES - JUNE 7, 1994 - PAGE 5 Mr. Ramis noted a number of legal issues had been raised. ANN% Council must decide the issues based on the facts. The issues raised include the following: (1) Is the Code is invalid because it allows the creation of a reimbursement district without a public bidding process? Legal Counsel advised that in order for this statement to be true, the courts would have to make a decision that the ordinance is invalid. At this time, State statute provides that the public bidding process is required when a public contract is involved in construction. (2) Is reimbursement district request is valid? He noted there was a withdrawal and then a reinstatement by the applicant to start the process again. Council needs to make a judgment if this action was sufficient. (3) Can certain improvements on the land of the applicant can be included for as a part of the cost when deciding the costs to be distributed under the reimbursement district? This would involve an interpretation of the Code to determine whether the improvement benefits only the applicant or was there a benefit to others. City Engineer Wooley advised this particular reimbursement district would be considered under the procedures prior to the adoption of the amendments to the waimbursement district ordinance made by Council on May 10, 1994. City Engineer reviewed map of the area (copy of the map is contained in the Council packet. - the overhead projector map outlined the subdivision area developed by the applicant). After review of the Staff. Report, City Engineer recommended approval of the reimbursement district. He noted that Council had approved the reimbursement district by passing Resolution No. 94-11. City Engineer advised after review of the construction costs, he was comfortable with these costs. In response to Councilor Hunt, City Engineer Wooley reviewed some of the reasoning for including some lots in the zone of benefit and not others. He noted that different factors were considered, including topography and access to the laterals. CITY COUNCIL MEETING MINUTES - JUNE 7, 1994 - PAGE 6 Councilor Rohlf posed a question about the process with regard to determining the zone of benefit. City Engineer responded staff requested the applicant to suggest a zone of benefit which is reviewed by staff. Ultimately, the Council decides the zone of benefit. D. Public Testimony - Appellants: • Jeffrey Kleinman, Attorney for Anthony Maksym, appellant, 1207 SW- 6th Avenue, Portland, Oregon, 97204 testified. Mr. Kleinman distributed the following to City Council for their information: Transamerica Title Insurance Company property profile dated June 7, 1994 - Metroscan MD. Map marked Exhibit E reimbursement district No. 5, noted as Kleinman testimony No. 7, June 6, 1994. Transamerica Title Insurance Company property profile for the property located at 13400 SW 76th Avenue, Tigard, Oregon, 97223 dated June 3, 1994. Information from Unified Sewerage Agency, R & O 91-48, and R & O 92-34. Letter dated June 8, 1993 from Greg Berry, Utilities Engineer to "Dear owner." Mr. Kleinman testified at length. The following are highlights of concerns and areas of objection with regard to the establishment of reimbursement district No. 5: - Reimbursement districts have the affect of an LID; however, citizens _lose many of their protections, including the right to remonstrate and the scrutiny and protections provided by a public contracting/bidding process. - A letter from Empire Pacific to the applicant appears to be insufficient and does not include backup documentation with regard to the costs of over $42,600. - Supplemental documentation for costs were also unacceptable. 40 CITY COUNCIL 1' MEETING-MINUTES - JUNE 7, 1994 - PAGE 7 Letter from City Engineer's office (letter dated June 8, 1993 from Greg Berry, City of Tigard Utilities Engineer to "Dear Owner" is on file with Council packet material). In this letter, the owner was advised the sewer will be installed and paid for by the developer of the subdivision. - Notation that initially the engineer said citizens would save money if the reimbursement district was established because they would not be required to pay the surcharge fee. However, the surcharge fee was repealed and there was never anything that the property owners would have had to pay. Questioned the establishment of the zone of benefit. Suggested it was established for easy calculation; i.e., eleven lot subdivision and eleven other lots to be included. This would result in a fifty-fifty split of costs. Questioned why some areas were included in the zone of benefit, while others were excluded. He noted, that a large lot, Let 3601, was not owned by the developer. The title insurance shows Ray and Phyllis Ems own this lot. If this large lot is excluded from the subdivision, then the calculation has been "thrown off." Mr. Kleinman questioned the transaction for another parcel of property, noting it appeared there was not enough consideration for purchase of this lot. He suggested there should be questions as to "what's going on?" Most of the facts the City Engineer relied on came from only one letter. There is an incentive to dump costs onto other people there is no control. - Staff has "carried the ball" for the developer through to this point. This leaves the onus for challenging to the members of the public. Doted that it was always clear that laterals which were initially charged to the reimbursement district did not serve anyone but the developer's property. (See City Engineer Wooley's memorandum to Pat Reilly dated May 13,.1994). 0 CITY COUNCIL MEETING MINUTES - JUNE 7, 1994 - PAGE 8 0 Requests for documentation were sent to the applicant, but no response was received. • Anthony Maksym, 13565 SW 72nd Avenue, Tigard, Oregon, 97223. The following items were submitted for Council information: - Three maps stapled together; one dated March 5, 1993; one dated March 29, 1993; and one dated August 20, 1993. - Letter dated May 4, 1994 from Craig Petrie to city Engineer regarding reimbursement district. - Memo dated May 3, 1994 from Hassan A. Ibrahim, EIT of Land Development Consultants, Inc., regarding Pacific Ridge. - Handwritten page dated May 13, 1994 - revised calculation of reimbursement district fee. - Letter dated February 23, 1994 from Craig A. Petrie to Randy Wooley regarding zone of benefit district No. 5. - Copy of unsigned City of Tigard resolution - establishing sanitary sewer reimbursement district No. 5. - Final Order by Bearings Officer concerning Case No. SUB 93-0007 - name of owner is Grasco Investments and Raymond and Phyllis Ems - applicant Craig Petrie. - Memo dated March 28, 1994 from Harris Hyman, PE/PLS of Land Development Consultants, Inc. regarding excess charges on Pacific Ridge project No. 1498. - Letter dated June 8, 1993 from Greg Berry, Utilities Engineer to "Dear owner." - Petition dated February 23, 1994 from property owners, noting they reject the formation of a proposed Pacific Ridge sewer reimbursement district. - Letter dated November 1, 1993 to Craig Petrie from Lans Landis of Empire Pacific Construction, Inc. CITY COUNCIL MEETING MINUTES - JUNE 7, 1994 - PAGE 9 Memorandum dated May 13, 1994 from Randy Wooley, City Engineer to Pat Reilly, City Administration. Mr. Maksym questioned the March 8, 1994 resolution. The resolution states that the formation date of 'the reimbursement district is February 22, 1994, which is the same date that the applicant withdrew the application. The applicant tried to reinstate the application by letter received on February 23, 1994 by the City of Tigard. Mr. Maksym noted the process of obtaining information. If an individual does not precisely know what to ask for, then they do not get the information. Mr. Maksym noted a letter from Empire Pacific Construction, Inc. dated November 1, 1993, stating that all underground utilities were installed by Empire. As part of the utilities Empire Pacific installed, the sanitary sewer total cost was $42,684. It was not until- March 24, 1994 that the City came aware that charges were in error. Mr. Maksym reviewed a March 28, 1994 memorandum from Land Development Consultants, Inc. regarding excess charges on Pacific Ridge project No. 1498. Mr. Maksym also reviewed a letter from Craig Petrie to the City Engineer of Tigard dated May 4, 1994, regarding cost breakdown. Mr. Maksym related some of these costs back to other items. He noted he questioned these costs, especially the amount of $327.50 as it was his understanding this amount was to save a tree. Mr. Maksym referred to several maps, noting the calculations on lots 1 and 2 change on all three maps. He questioned whether this raised surveying costs and the total cost of the reimbursement district for which he would have to pay. He noted that lot 1 was owned by Ray and Phyllis Ems and not the developer. He,noted the proposal was not fair and was only of benefit for the developer. The sewer was only built by the developer for the developer. CITY COUNCIL MEETING MINUTES - JUNE 7, 1994 - PAGE 10 Mr. Maksym said he had to pay an attorney to bring information to Council; it was not a fair proposal. He referred to the letter from the City of Tigard which said the developer will install the sewers and the sewers should be paid by the developer. Council meeting recessed at 9:32 p.m. Council'meeti.ng reconvened at 9:40 p.m. Craig Petrie, 9600 SW Capitol Highway, Portland, Oregon, 97219. Accompanying Mr. Petrie was Mr. Lans Landis of Empire Pacific Construction, Inc. Mr. Petrie distributed a copy of the State of Oregon Construction Contractor°s Board registration certificate for Empire Pacific Construction, .inc. Mr. Petrie noted there had been an error that had been corrected with regard to some of the costs. .He advised he had followed the Code in applying for the reimbursement district. He noted the reasoning behind the f i g►,re as a total was to derive a cost as a percentage: of the engineering. With regard to the question as to why there was an instance where it appeared a homeowner received a small amount of consideration for some property, he noted there were several other parts of this transaction which valued approximately $85,000. Mr. Petrie referred to the method used to derive how many lots would be included in the reimbursement district; this method was determined by logistics and topography. Mr. Petrie advised that he had followed the Code and other reimbursement districts have been granted in the past on the same basis for which he was requesting. In response to questions from councilor Hawley concerning three different maps with three different lot sizes,' Mr. Petrie advised the maps had been amended several times throughout the process of development. Engineering costs were on a lump sum basis; that is, each time the lot size numbers changed, the costs did not go up. CITY COUNCIL MEETING MINUTES - JUNE 7, 1994 - PAGE 11 0 Rebuttal: Mr. Kleinman noted that the record speaks for itself and does not support the determination of the physical establishment of a zone of benefit or the allocation of the costs to the property owners. He advised the wrong method of calculation was used. Engineering costs were vague and there is not enough documentation. He advised this process shifts the burden to the wrong people. Rebuttal: Tony Maksym questioned the rationale of including some lots and not others. He stated there may have been other side deals with regard to inclusion of lots or not. Council Questions/Comments Council asked clarifying questions with regard to sewer lines and potential for future development and establishment of sewer lines. City Engineer Wooley responded to these questions, noting locations along Cherry Street and Fir Street. In response to questions, Legal Counsel Ramis advised there is no restriction with regard to subdivision ownership (i.e., more than one owner). Councilor Hunt referred to a section of the Code that states if there is a larger-than-necessary improvement constructed by the developer, then it would be eligible for reimbursement. It was noted the 8-inch line was the minimum that can serve a residential area. Time was spent reviewing this section of the Code with Legal Counsel. Mr. Ramis noted referred to the list of examples included in the Code and advised that this is an area for interpretation by Council. He stated that the language provides that improvements must be greater than those ordinarily required for the development and this is the fundamental judgment of Council. Councilor Hunt commented that if the resolution was approved, he would propose 'the reimbursement district be established for a period of fifteen years, with no extension. Councilor Scheckla noted he was not inclined to be in favor of the establishment of a- reimbursement district. G CITY COUNCIL MEETING MINUTES - JUNE 7, 1994 - PAGE 12 Discussion followed. Council members noted that the Code had recently been refined with regard provisions establishing reimbursement districts, based on problems brought forth by examples of this particular reimbursement district. With regard to questions raised during public testimony, Councilor Hawley requested clarification as to whether 75th Court was public property and the sewer easement was public property. City Engineer Wooley explained the sewer is a public sewer easement; 75th Court is developed as a private street. In response to a question from Councilor Scheckla, Legal Counsel Ramis advised the obligation for a reimbursement district would remain on the property if the property -was sold. He further advised that reimbursement district provisions are triggered only when the property is developed (not by sale only). E. Public hearing was closed. P Council consideration: Councilor Hunt noted that according to his interpretation of the Code, this reimbursement district should not be established. Councilor Rohlf expressed concerns with cost documentation. He noted developers should not be allowed to pass on charges to citizens without a clean, accurate and predictable process. Councilor Scheckla said that he was bothered by the request for reimbursement district formation. He indicated he could not support the request. Councilor Hawley said she thought reimbursement districts were a good idea and because they were a good idea, they were provided for in the Code. She noted property owners have a choice in whether or not to participate because the reimbursement district provisions are not triggered unless development occurs. Councilor Hawley said she would be in favor of establishment of the reimbursement district; however she supported further review of the costs. Mayor Schwartz advised that originally he felt the reimbursement district application conformed to the ordinance provisions. He noted he now had some concerns, because he had assumed, that 75th Court was a public street. CITY COUNCIL MEETING MINUTES- 3FUNE 7, 1994 - PAGE 13 • Councilor'Hawley noted this reimbursement district should i,ot be, denied based on the fact that the ordinance had recently been amended by Council. She advised that she feels the reimbursement district provisions encourage economic development in the City of Tigard. Mayor Schwartz disagreed that a component of the reasoning for reimbursement district code ;provisions was to provide for economic 'development. Rather, he felt reimbursement districts provided an opportunity for a property owner to recoup some costs when they had to oversize utilities in order to receive the service. • Councilor Hawley noted she sees this as an effective tool and it should be -available for all applicants. G. Motion by Councilor Hunt, seconded by Councilor Scheckla, to deny the reimbursement district. The motion was approved by majority vote of Council present (Councilors Hunt, Rohlf, and. Scheckla voted "yes"; Councilor Hawley voted "no"; Mayor Schwartz abstained. 8. COUNCIL CONSIDERATION: AMENDMENT TO TIGARD MUNICIPAL CODE - ORDINANCE PERTAINING TO CHRONIC NUISANCE PROPERTY Chief of Police Goodpaster reviewed the staff report. The proposed amendment, modeled after similar ordinances in other cities, would give the Police Department an effective tool in dealing with chronic locations that are causing significant problems in neighborhoods in the community. Chief of Police Goodpaster reviewed significant provisions of the ordinance, noting the City of Portland had used this as an effective tool to relocate and resolve some chronic nuisance problems within the city. To his knowledge, he advised, the Portland authorities have never actually boarded up a house. In response to a question from Mayor Schwartz, Chief Goodpaster noted the provisions of this ordinance may have been used once in the last year if it had been available to the Tigard Police Department. Primarily, the purpose of the ordinance is to use it as a tool to eliminate a problem in its early stages. CITY COUNCIL MEETING MINUTES - JUNE 7, 1994 - PAGE 14 Legal Counsel Ramis, noted the City Attorney's office placed several provisions within the ordinance as a balance to the property owners and as an enforcement tool for the Police Departnr,. nt . Ty Wyman of the City Attorney's office reviewed some of the elements of balance contained in the ordinance: • Notice will be provided to everyone involved, including the tenant and the property owner. Property owners and tenants will know of the potential penalties. A detailed notification process has been established. • Care was taken in how the complaint and summons should Feed. • A bond mechanism was placed within the provisions of the ordinance after a review of Oregon cases. Property owners will have an option of posting bond ae a final stop gap to make a commitment toward resolving the problem. Discussion continued on elements of the ordinance. It was noted the City Administrator was named within the ordinance to bring the relevant staff together in order to assure process and proper protections had been followed. This would include a review by the City Attorney's office. Motion by Councilor Hawley, seconded by Councilor Hunt, to approve Ordinance No. 94-11. ORDINANCE NO. 94-11 - AN ORDINANCE TO AMEND TITLE 7 OF THE TIGARD MUNICIPAL CODE, PUBLIC PEACE, SAFETY AND MORALS, TO INCLUDE CHAPTER 7.42 PERTAINING TO CHRONIC NUISANCE PROPERTY. Motion was approved by unanimous vote of Council present. (Mayor Schwartz, and CoLncilors Hawley, Hunt, Rohlf, Scheckla voted "yes.") 9. NON-AGENDA ITEMS • City Administrator Reilly noted Mr. and Mrs. Mark Link have fulfilled their obligations with regard to placing their property on the market for the last six months. All information has been submitted. City Administrator Reilly will authorize the City Attorney to implement the balance of the agreement toward property purchase. 40 CITY COUNCIL MEETING MINUTES - JUNE 7, 1994 - PAGE 15 • Councilor Hunt noted he noticed the sale of the old City Hall building on Main Street would not be completed until the end of the year. The Chamber of Commerce offices will remain in the building until the end of tha year. Mike Marr was the successful bidder for this property and an agreement is being drawn up and placed into escrow with regard to responsibilities for the building during this interim time. He noted that, rather than having the dollars from the sale going to the General Fund, he would like the money earmarked for a specific item. After discussion, Council did not have any objection to this proposal by Councilor Hunt. City Administrator Reilly advised it would be possible to earmark those funds for a specific purpose at a later date. Councilor Hawley expressed a concern about approving the budget on June 28, prior to having a policy on the distribution of arts funding. Tbrough discussion, it was determined there is a contingency fund of approximately $300,000, thus allowing council some discretion in determining an arts funding commitment, if they so desire. • Councilor Scheckla referred to "music in the park" for the summer. City Administrator Reilly advised a portable stage would cost about $750 per event. Discussion followed, noting perhaps the "Cityscape" would be a good vehicle to let people know of the City's desire to provide music in the park and solicit donations for this effort. After discussion, it was determined that Council would review this issue at an upcoming Study Session. The music in the parks issue can be resolved separately from the Arts Policy. As a starting point, 'Council will review the information given to them tonight by the Arts Commission and make suggestions for an Arts Policy to the City Administrator. in addition, City Administration Reilly advised he would research the Washington Park music activities to get an idea of how this successful program is accomplished. 10. ADJOURNMENT: 11:00 p.m. co,v~ wr Attest : ine Wheatley, City , City of Tigard =0607.94 CITY COUNCIL MEETING MINUTES - JUNE 7, 1994 - PAGE 16 H kD rn n E Ei ®Z w V ~ aD ~'pj w U vi . 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'0 2 e CL ® p V` `DO O > p O c m Y O m0 V Go m 0 > > -O~t)cc 0 a cm u 0 V d c ~ m e+ c .Cow-MCI l0 0 V d-) r-I N n O n o; Cn (J u> J WQC c7 o c> ' UJ G co m U z ~za ~LLZCLCQ OVA O U Y rn rl 0 m F ` O o >,I 3-2 4 ko N O V O 'O c at S] U ~s .G co z 0 Z 'a to c O E Q U {L, CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City_ of Tigard ) a aw, begin first duty sworn, on oath, depose an say: That I posted in the following public. and conspicuous places, a copy of Ordinance Number (s)' _\ti which were adopted at the Council Meeting dated 1 copy(s) of said ordinance(s) being hereto attached an "y reference made a part hereof, on the day of l ,,gyp, LL.19 4 1. Tigard Cie+ic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. West One Sank, 12260 SW Main Street, Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. ""bertson°s Store, Comer of Pacific Hwy. (State Hwy. 99) and SW Durham Road, Tigard, Oregon Subscribed and sworn to before me this ► day of 19 4. Q...d. r„ OFFICIAL SEAL M. JOANN LAVES Notary blic for Oregon NOTARY PUBLIC-OREGON COMMISSION NO, 006513 MY COMMISSION EXPIR 8 MAY 5, 1995 My Commission Expires: +K+ Q IogIn\jo\a8post C hi ,.4 r. ,1: 6 :i 0ENDX', ~ (Limited to 2 minutes or less, please) E gRTr+'V eF DATE: -s 7 'f 934 Please sign 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. J s 0 NAME & ADDRESS TOPIC STAFF CONTACTED e e 3420 s cu. l3r,trat f3o tii l(Jr 77L rx , 3 S sw, vx-r afoc2 /uQ fot-et .f I (+s I d t c n7 tel. 4?2~~ I ~ M ef-rr~po/Itt~m~ >~zo sw .STS DIV Ar21'S POL(c e, ScJ r ~1r II " r I~-f~_ lR-~iClCtrA~ ~ a~.9~ Q 13 p~ t , w 7~2 ~~F~- U F ` .Cl~ Tc D G w / s w ~s ' .vf, , 3o - z, co C Flan, rzo 7 4w Z h:\Iogin\jo\visitors.sht 2 r . Depending on the number of person wishing to testify, the Chair of the Council may limit the amount of time each person has to speak. We ask„you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. f l ~ ® 'A,~'«:i.u.J... i .3v iY1N .1.v'LnwJi. APPEAL PUBLIC HEARING - ESTABLISHMENT OF REIMBURSEMENT DISTRICT - PACIFIC RIDGE SUBDIVISION PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS AGENDA ITEM NO. t' PLgASE PRINT H 2 r-l AGENDA ITEM NO. _ L- PLEASE PRINT OAT OF OFFICE Tigard Charter - Election of Council President AMMkh. QP Section 18. President of the Council. At its first meeting of each odd-numbered year, the council by bal of shall choose a president from its membership. In the mayor°s absence from a council meeting the president shall perform the duties of the office of mayor and preside over it. Whenever the mayor is physically or mentally unable to perform the functions of office, the president shall act as the mayor protein. Ballot - Council President for June 6 to December 31, 1994: Check one HO \ccpres Council Position No. 1: Council Position No. 2: Council Position No. 3: Council Position No. 4: Paul Hunt Wendi C. Hawley Bob Rohlf Ken Scheckla 11 4_~ Tigard Charter - Election of Council President. Section 18. President of the Council. At its first meeting of each odd-numbered year, the council by ballot shall choose a president from its membership. Tn the. mayoros absence from a council meeting the president shall perform the duties of the office of mayor and preside over it. Whenever the mayor is physically or mentally unable to perform the functions of office, the president shall act as the mayor protein. Ballot - Council President for June 6 to December 31, 1994: Check One Council Position No. 1: Paul Hunt Council Position No. 2: Wendi C. Hawley Council Position No. 3: Bob Rohlf Council Position No. 4: Ken Scheckla \ccpres Tigard Charter - Election of Council President Section 18. President of the Council. At its first meeting of each odd-numbered year, the council by ballot shall choose a president from its membership. in the mayor-"s absence from a council meeting the president shall perform the duties of the office of mayor and preside over it. Whenever the mayor is physically or mentally unable to perform the functions of office, the president shall act as the mayor protein. Ballot - Council President for June 6 to December 31, 1994: Check One Council Position No. 1: Paul Hunt Council Position No. 2: Wendi C. Hawley Council Position No. 3: Bob Rohlf Council Position No. 4: Ken Scheckla \ccpres LJ Tigard Charter - Election of Council President Section 18. President of the Council. At its first meeting of each odd-numbered year, the council by ballot shall choose a president from its membership. in the mayor ° s absence from a council meeting the president shall perform the duties of the office of mayor and preside over it. Whenever the mayor is physically or mentally unable to perform the functions, of office, the president shall act as the mayor protein. Ballot - Council President for June 6 to December 31, 1994: Council Position No. 1: Council Position No. 2: Council Position No. 3: Council Position No. 4: \ccpres Paul Hunt Wendi C. Hawley Bob Rohlf Ken Scheckla Check One Tigard Charter - Election of Council President Section 18. President of the Council. At its first meeting of each odd-numbered year, the council by ballot shall choose a president from its L a bbseT rye from a In ia.hc mayor's ' I[!ed[ldJ~i-isaat~. ,council meeting the president shall perform the duties of the office of mayor and preside over it. Whenever the mayor is physically or mentally unable to perform the functions of office, the president siaaii act as the mayor pro cem. Ballot - Council President for June 6 to December 31, 1994: Check One Council Position No. 1: Paul Hunt _ Council Position No. 2: Wendi C. Hawley Council Position No. 3: Bob Rohlf Council Position No. 4: Ken Scheckla \ccpres 40 Transcript of Visitor's Agenda - Letter read by Mr. Gerking on 6/7/94 Mayo.. Schwartz, City Council Members - This letter is in regards to the extension of 130th Street. This letter is in behalf of Friends of Summer Creek. Summer Creek wetlands run between 135th and 130th. According to studies prepared for the City of Tigard in 1989, SRI project 89034 November 16,.1989, these wetlands are Class 1, 76-96n high value. Because Summerlake is a man-made lake, its rating is much lower at a Class, 3, 34-58-%, moderately low value. This means that the adjacent wetlands area, namely, Summer Creek, are higher in quality and more natural, thus more valuable for habitat, vegetation and floodplain. Since this kind of natural resource is wonderfully efficient, beautiful to look at and home to many kinds of wildlife, would it not be wise to preserve it instead of destroying or compromising its integrity. We know that the environmental engineers can replicate the look of a wetland, but only time will tell how well it functions. Replacing vegetation which filters out soil and other pollutants with hard or impervious surfaces such as streets causes rapid runoff and higher water flows. Reduced groundwater lowers summer flows increases water temperature and decreases dissolved oxygen which kills cold waver fish and other aquatic life. Proposing a road through these areas is a perfect example of fixing something that is not broken. (During a Planning Commission meeting on 5/10/94, Carol Landsman, Senior City Planner, recommended more acquisition of passive parks. Summerlake, of course, is an active park, but 130th to 135th would be a perfect passive park. Eventually, small walking paths could be made in this area and may be a bench or two for observation of wildlife, etc. It seems a golden opportunity to develop a unique and special place. Most of us recognize the importance of well maintained roads but are unaware of the important ways in which a healthy network of urban streams contribute to our quality of life. They are crucial to maintenance of water quality and flood control, fish and wildlife habitat; enhance ,r,-.,..,.,.s.. ,..es sce::ic ^eennwr y- park- and recreational corridors and educational opportunities, and they perform these services at little or no cost to the public. In spite of the above stated, you will talk about traffic connectivity, etc. We understand that a traffic study will be completed in a few months, however, we have concerns about that because 135th is designated as a minor collector as is 130th. Surely there is a huge difference between two streets. If 130th is connected to Winterlake as planned, approximately 64 45 driveways will spill onto the road. You will be creating a nightmare street that would be far greater than North Dakota which has 28 driveways fronting the road. This proposed road be a straight shot from Scholls Ferry down 130th to Winterlake and up 128th to Walnut, and what about the fact that it will be approximately 15 feet from the park full of baseball fields, tennis courts and basketball courts. As it stands now, traffic is from within Ul:e neighborhoods and to the park, but with a connected road there would be all kinds of cut-through traffic which has been proven by traffic studies to be the worst kind chronic speeders, thus dangerous drivers. Furthermore, do you really imagine that speed can be controlled in this kind of thoroughfare road? 770 people do not believe that this proposed road is a panacea for traffic that the City Council and City Planners would have us believe. It is contrarily indicated in that neighborhoods that this would go were all purposely designed with uses-friendly dul- de-sacs for _--safer environment. We urge you to hear 770 voices raised in protest. Mr. Rolland asked where we were at the last Planning Commission meeting. We are here gathering strength, watching, learning and organizing. We do not want Summer Creek wetlands degraded for any reason. We want them preserved for future generations to enjoy. It seems to us that we try to pick out anything by itself, we find it attached to everything else in the universe. That being the case, we must work together to save wetlands and at the same time explore transportation alternatives that reduce the need for more roads. Thank you for your time. To: Mayor Schwartz and city council members Oki G/a/ y Re: Extension of 130th Street jU 3 1994 This letter is in behalf of Friends of Summer Creek Summer Creek wetlands run between 135th and 130th. According to studies prepared for the City of Tigard in 1989 (SRI PROJECT 89034, November 16, 1989), these wetlands are Class I,76-96%; high value. Because Summer Lake is a man-made lake, its rating is much lower at a Class III 34-58%; moderately low value. This means that adjacent wetland areas, namely Summer Creek, are higher in quality and more natural thus more valuable for habitat, vegetation and flood plains. Since this kind of natural resource is wonderfully efficient, beautiful to look at and the home to many kinds of wildlife, would it not be wise to preserve it instead of destroying or compromising its integrity. We know that environmental engineers can replicate the look of a wetland but only time will tell how well it functions. Replacing vegetation, which filters out soil and other pollutants, with hard or impervious surfaces such as streets causes rapid runoff and higher water flows. Reduced groundwater lowers summertime flows, increases water temperature and decreases dissolved oxygen, which kills cold-water fish and other aquatic life. Proposing a road through these areas is a perfect example of fixing something that is not broken. During a planning commission meeting on 5/10/94, Carol Landsman, Senior City Planner, recommended more acquisition of passive parks. Summer Lake is, of course, an active park but 130th to 135th would be a perfect passive park. Eventually, small walking paths could be made in this area and maybe a bench or twc for observation of wildlife, etc. Its seems a golden opportunity to develop a unique and special place. Most of us, recognize the importance of well-maintained roads but are unaware of the important ways in which a healthy network of urban streams contribute to our quality of life. They are crucial to maintenance of water quality and flood control; fish and wildlife habitat; enhanced property values, scenic greenways; parks and recreational corridors and educational opportunities. And, they perform these services at little or,no cost to the public. Inspite of the above stated, you will talk about traffic/connectivity, etc. We understand that a traffic study will be completed in a few months. However, we have concerns about that because 135th is designated as a minor collector as is 130th. Surely, there is a huge difference between these streets? If 130th is connected to Winter Lake as planned, approximately 64 driveways will spill onto the road. You will be creating a nightmare street that would be far greater than North Dakota which has 28 driveways fronting the road. This proposed road would be a straight shot from Scholls Ferry, down 130th to Winterlake and up 128th to Walnut. And what about the fact that it will be approximately 15 feet from the park full of baseball fields, tennis courts and basketball courts? As it stands now traffic is from within the neighborhoods and to the park but with a connected road there would be all kinds of cut through traffic which has been proven by traffic studies to be the worst kind (chronic speeders thus dangerous drivers). Furthermore, do you really imagine that speed could be controlled on this kind of thoroughfare road? 770 people do not believe that this proposed road is the panacea for traffic that the city council and city planners would have us believe. It is contraindicated in that the neighborhoods this would go through were all purposely designed with user friendly cul de sacs for a safer environment. We urge you to hear 770 voices raised in protest. Mr. Holland asked where we were at the last planning commission meeting; we are here gathering strength, watching, learning and organizing. We do not want Summer Creek wetlands degraded for any reason. We want them preserved for future generations to enjoy. It seems to us that when we try to pick out anything by itself, we find it attached to everything else in the universe. That being the case, we must work together to save wetlands and at the same time explore transporation alternatives that reduce the need for more roads. Michael Gerking Friends of Suimier Creek a WASHINGTON COUNTY, C)REEGON June 1, 1994 City Recorder City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 C01An6;t CcyeMdA ce !7l(Fq Z¢ en') !o, 2- Enclosed you will find a copy of the Abstract of Voters for the candidates and measure relating to the Primary Election held on May 17, 1994. In the accordance with ORS 255.295, please canvass the votes and notify the Washington County Elections Division within thirty (30) days of receipt. Please sign and return the bottom portion of this letter to Washington County Elections Division. Thank you very much. ` Si cere y,' GINNY JKINGSLEY ELECTIONS MANAGER - GK/mg Send to: Washington County Elections Division 155 N First Avenue,-Suite B10 Hillsboro, Oregon 97124 &/CZ /g 40 DATE- Depar'".rent of Assessrimit & Taxation, Elections Uvieion 155 &1. First Avenue, Suite 610 Hillsboro, Oregon 97124 - Phone: 503/648-8670 I have canvassed the votes for the candidates and measure relating to the Primary Election on May 17, 1994. City of Tigard z P M Or N r• N d VI N O u E Gr F a a O o`~+ a W ~ N G • C E r. G G cr❑nE R] 7 E F q "N 0 0 0 O N v N N O N O O O P O ~ ri v N O axe m N °P! L L ~a1 0 0 F w A A L o a 'o C L > O h > E z W m o ~ ~a 0 0 0 nrn o m o O O t7 O N O C aG r'1 N \ \ \ N N S S x ro N Ul O E43 ° O O rr wo cp b O A A 2 O O W > z vv En . 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O ~F~ No rn X W C 7 o r N \ \ \ m rn .r s s Y .a m O _ O r7 ~ U L U ' 4 o .-o W W b A Z A A F u [l > bar 'O a W U W O > O s. > z O r n c 4 z i + ro d P P P m m .-1 1.1 N N N O m o n a O N P O M UoH. o. vo cm aaa htn fax ri W N L L 0 0 4 rF-r w m m U al 88 0 o b o > v b ral a u 0 "0 N o txna N°z x> mHzi mm ..0 N P W P P m r~ W n r. r o 00 n r o N N rtt P R O O .D t'1 0 0iyd u'i~ o~ a a a s s Y .a ar N E. 0 0 O O 4 ti y U O .i .r O [wn w a ar Vml ?C > v 'O a C o v x p y N z N Q o Ni .N-. q vS m7 °N•v m0 N N^ O N P O O < .n O a s rv m n~ aaa .+n N N N s a Y m O t7 a U U S O ° U N M w i a A A V L F. 0 0 to > b O > z > P O P P x C 4 P P O O O O 1C O .ti r a 00 .oo U O b O N N ~~id No No a a a sax of m F 0 0 0 w w° R a a A A a v >M L Z > > ar O s>a71 w°z x> o H z o o m N w rf to m ri rn M .O N O vl to o O. O m O O m .-1 N 0 .a F F N .-1 .'1 O X C C m y N s s Y W Ol 0 0 w m b CI ~ O AA C > d b ..77 u a> C L N > O d F N Z c 0 4 w z .n ro m ~ N N QJ ° N U N N r.l M O t'r .O Q O O V' .n O a F rna mo C4 d h N aaa .-IN ssY m O C7 .y W N U U O 4 S w a1 ro cn O A A V z o b to 0 14 o ° aJ N z > > n O n n C 4 ro ; P Q aT m ° O m h O o o+ tY o O .D N O rl a a a P m m c°7 ~ m m 0 L a o 0 U O w A A p v z > v v vl L >4 Z > > o O o o c 4 P P P m r~ n rh m m O to .n o m ,s o+o O m N N 0 .a ~a a m.N+ N° aaa s s Y .-1 W 0 L L O O > 4 ti F F O m e+ U W w a pyp E v Q Ed > C) •O C-1 0 N C L W > O m r z x > F O C 4 r C 2 r h m a -co a N U N N P Ill b O rf O N N h b O O m P O E. ~ U cF.a o~ .min d C C .n P N ~ = Y m O ey Iq N a l O 0 Z O U 4 ti ti (0 0 w r, ro W R R a] L > > v O ❑ L a ca ca 0 O > V) 0 C z > > c 4 2 ro >wN P a P m 0 UNOFFICIAL STATF..MENT OF VOTES CAST AT THE PRIMARY ELECTION ON MAY 1 1994 TIGARD MAYOR Page Number 191.001.001 E G 1 T E R E D O T E R S U R N U T U R N U T P R E N T A E ] O G H A N D S M H A W 0 R R Z I UI G D A Y D F M S A S 0 E R R 1 I i I 16 MAISON ARMORY 100 371 36.9 14 15 30 C F TIGARD ELEM SCH 31 TIGARD WATER DIST 32 C F TIGARD SCH 33 M WOODWARD ELEM SCH 34 : TEMPLETON SCH 35 PHIL LEWIS SCH 40 TWALITY MID SCH 102 109 11 120 78 122 30 41 51 29 39 25 38 29.8 37.4 43.2 40.1 32. 31.8 31.E 15 17 221 13 1 11 1 121 18 25 11 16 9 181 I I I I I 41 SUMMERFLD CLUB HOUSE 46 M WOODWARD ELEM 180 SUMMERFLD CLUB 192 METZGER SCHOOL 94 PHIL LEWIS SCH T95 FRIENDS CHURCH 15 C F TIGARD SCH 17 METZGAR SCHOOL 113 127 91 75 801 78 69' 4 66 40 52 19 21 261 21 1 58.4 31.4 57.5 25.6' 26.5 33.4 31.0 20.4 34 141 25 7 9 11 11 23 17 1 8 9 b I I 21 FOWLER MID SCH 75 2 35.2 10 11 i 24 FOWLER MID SCH 25 CHUR OF CHRIST 26 M WOODWARD ELEM SCH 50 FRIENDS CHURCH 51 M WOODWARD ELEM SCH 64 125 93 63 1 4 26 25 22 28.5 33.6 .8% 39.4 33.3 181 101 10 8 6 17 11 101 10 I I I i I I TOT A L S 1952 7021 35.9% 30 290 I I 1 I I ,P i U " *RRR UNOF TIGARD CI FICIAL STATEMENT OF VOTES CAST AT THE PRIMARY ELECTION ON MAY 199 TY COUNCIL P3 Page Nurber 192.001.001 E G I S T E E I DI I 01 Ti E R! S U R N 0 U T U R N 0 U T P R E N T A E 10 G 8 A R R 0 0 H I F Y C 0 U N I L 33 16 MAISON ARMORY 1003 371 36. 1591 1 30 C F TIGARD ELEM SCH 102 30 29.8 1671 31 TIGARD WATER GIST 1094 41 37.4 23 32 C F TIGARD SCH 1188 51 43.2 28 33 M WOODWARD ELEM SCHC 77-3 29 40.1 144 34 J TEMPLETON SCH 120 3921 32. 201 35 PHIL LEWIS SCH 78 . 25 31.8 13 40 TWALITY MID SCH 122 3891 31.8 2091 41 SU?MERFLD CLUB HOUSE 113 58.479 3251 1 6 M WCODWARD E- Ell 127 40 31.4 1951 80 SUMMERFLD CLUB 913 52 57.5 2451 92 METZGER SCHOOL 75 19 25.6% 9 94 PHIL LEWIS SCH 801 21 26.5 1231 95 FRIENDS CHURCH 78 261 33.4 1331 15 C F TIGARD SCH 693 21 31.0 1161 17 METZGAR SCHOOL 49 1 20.4. 61 21 FOWLER MID SCH 750 2 35.2 1351 24 FOWLER MID SCH 644 1 28.5% 8 25 CHUR OF CHRIST 1258 , 422 33.610 21A I 26 M WOODWARD ELEM SCH 9321 26 28:8 13 50 FRIENDS CHURCH 51 M WOODWARD ELEM SCH 634 25 22 39.4% 33.3 12 12 T 0 T A L S**** 19527 7021 35. 357 C" • UNOFFICIAL STATEMENT OF VOTES CAST AT THE PRIMARY ELECTION ON MAY 1 994 TIGARD CITY COUNCIL P4 Page Number 193.001.001 R E G S E I D V 0 RI S T U R 0 T T U R 0 T R C E A E T R I G J R E D. K Y E N C N I L 4 Y K I E G W R S D H Y L' A C N I I L 4 I , l I I i I I io rwlaun ARMORY 100' 3711 -3&94 15 108 30 C F TIGARD ELEM SCH 10 30 29.8 1051 14 31 TIGARD WATER DIST 41 37.4 12 19 32 C F TIGARD SCH A 51 43.214 1761 2329 33 M WOODWARD ELEN SCH 24 40.1 921 12 I 34 J TEMPLETON SCH 12071 39 32.4 1314 17 355 PHIL LEWIS SCH 78 25 31.8% 921 10 I 1 _ 0 TWALITY MID SCH 122 38 31.8 12 1 1 41 SUMMERFLD CLUB HOUSE 113 66 58.4 1 30, I 1 46 M WOODWARD ELEM 127 40 31.4 12 13 I I 80 SUMMERFLD CLUB 91 52 57.5% 12 254, 1 I 92 METZGER SCHOOL 75 19 25.614 61 731 1 1 194 PHIL LEWIS SCH 801 21 26.5 101 I I 195 FRIENDS CHURCH 78 261 33.4 6 10 1 I 15 C TIGARD SCH 69 2151 31.O I I 17 METZGAR SCHOOL 4 i 20.4 I I 21 FOWLER MID SCH 75 2 35.2 721 11 I 24 FOWLER MID SCH 6414 1814 28.5 53~ 77, I J 25 CHUR OF CHRIST J 25 81 ~l 44231 33.6% 14 I I 26 M WOODWARD ELEM SCH 9 3 26 28: 8 I 1 50 FRIENDS CHURCH 51 M WOODWARD ELEM SCHO 63 666 25 22 39.4 33.3 7rg K 8E I I I I - I I T 0 T A L S**** 1952 7021 35.9 2241 290 1 i i ! 1 I i I I ~~1 L7i a UNOFFICIAL STATEMENT OF VOTES CAST AT THE PRIMARY ELECTION ON MAY 1 199 34-7 TIGARD CITY Page Number 211.001.001 R G I T E R E D V 0 T E R S T R 0 U T T R 0 U T P E III C E N T A G E 3 3 44 77 T Y I E G S A R D C I T Y 3 3 44 7 7 T N 1 0 G A R D C I T Y . i I I I I i 16 MAISON ARMORY 100 371 36.9 20 12 i 30 C F TIGARD ELEM SCH 102 304 29.8 1 ?1 i 31 TIGARD WATER DIST 109 41 37.4 25 1291 1 _ I 32 C F TIGARD SCH '.1° 51, 43.2" 33 1271 33 M WOODWARD ELEM SCH 724 29 40.1 1731 9 34 J TEMPLETON SCH 120 39 32.9' 25 101 I 35 PHIL LEWIS SCH 78 25 31.8 1471 7 40 TWALITY MID SCH 122 3891 31.W 25 9 I 41 SUMMERFLD CLUB HOUSE 113 66 58.4 42 13 I 46 M WOODWARD ELEM 127 40 31.4 2601, 180 SUMMERFLD CLUB 91 52- 57.5 33 12 92 METZGER SCHOOL 75 1921 25.6 121 5 94 PHIL LEWIS SCH 801 21 26.5 12 6 i95 FRIENDS CHURCH 78 261 33.4 16, 6 15 C F TIGARD SCH 69 21 31.0 141 5 I 17 METZGAR SCHOOL 4 1 20.4 I 21 FOWLER MID SCH 75 2614 35.2 1 6 I 24 FOWLER MID SCH 64 1 28.5 11 5 I 25 CHUB OF CHRIST 125 4 33.6 264 111 I 26 M WOW WARD ELEM SCH 93 26 28.8 15S & 50 FRIENDS CHURCH- 63 25 39.4 1 5 I 51 M WOODWARD ELEM SCHC 664 22 33.3 14 71 i T 0 T A L S**** 1952 7021 35.9 434 187 i llwlr ~ r h y~ k L'VA A. (5eA` aw-n- `F'o"° COUNCIL AGENDA ITEM 3 7 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 46. 1994 DATE SUBMITTED: ISSUE/AGENDA TITLE: Contract Agency PREVIOUS ACTION: A= 1 29, 1994 None PREPARED BY: Ron Goodpaster REQUESTED BY: Eton Goodpaster STAFF RECOMMENDATION Approve contract. N INFORMATION SUMMARY The cities of Sherwood, Tigard, and Tualatin have received a grant of $5,000 from the Washington County Department of Health and Human Services to be specifically used in a gang prevention plan. The gang prevention fund is to be used to provide training for law enforcement officers from Sherwood, Tigard, and Tualatin in G.R.E.A.T. (Gang Resistance Education and Training) Program. A minimum of three officers are to be trained. The 8-week G.R.E.A.T. curriculum, which is similar to the DARE Program, will then be taught to 6th and 7th graders in the middle schools in the communities. A minimum of 600 students will participate in the program during the 1993/94 school year. This contract establishes Tigard as the contractor to reimburse cities up to $5,000 to provide their officers training in the G.R.E.A.T. Program keep annronriate flnarlciai records for a Period of 3 years. Tigard has already trained one of our school resource officers and will be receiving reimbursement for that training; and the second school resource officer is scheduled for training later this month, and his expenses will also be reimbursed from this fund. All monies received from this grant need to be expended by June 30, 1994. 1 have Vf1 Diuaocd a.. }w•iv =~=itr ~r,o Firwn_o nirentor_ The contract has also been as - T reviewed by the City Attorney's office. Authorized signature needs to be the Mayor on both forms. City Recorder has contract if review is desired. PROPOSED ALTERNATIVES None. FISCAL NOTES 0 No impact on existing budget. To approve the contract with the Washington County Department of Health and Human services which would allow us to receive $5,000 in grant funds to be distributed for anti-gang purposes. U COUNCIL AGENDA ITEM LP, CITY OF TIGARD, OREGON a 4 COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 1994 DATE SUBMITTED: ISSUE/AGENDA TITLE: Resolution - - '/PPFVIOUS ACTION: April 29, 1994 None Ron GoodRaster Ron Goodpaster Approve/sign resolution. STA4 RECOMMENDATION INFORMATION SUMMARY In February of 1993, members of the Tigard Police Department formed a committee to research community oriented policing with the goal of implementing it in Tigard. The Committee chose the name Team Oriented Policing (T.O.P.) as their name to indicate the team formed by the partnership of the community and the police working together. Our goal was to reduce crime, the perception and fear of crime, and to make our community a safer place in which to live and work. The philosophy of team oriented policing recognizes the necessity of the interdependence and shared responsibility of the police and the community working together in partnership to make the community a safer and better place to live and worm. This philosophy encourages a working partnership between the community and the police to iden%iiy safety and liveability issues; to determine resources needed; and to apply innovative strategies to address the issues and their root causes. In adontina Team oriented policing as the philosophy for the Department, the Department has also made changes in the following areas: recruitment, assignments/promotions, evaluations, training and operations. PROPOSED_ALTERNATIVES None FISCAL NOTES 43'1LJ A,-L c;1ta14q rriez"l May require additional personnel for total implementation and joint problem solving and partnerships with the community. A resolution which adopts the Community Policing philosophy for the Tigard Police Department. M E M O R A N D U M TIGARD POLICE DEPARTMENT TO: All Personnel n~ FROM: Ronald D. Goodpaster Chief of Police DATE: April 28, 1994 SUBJECT: Team Oriented Policing In February of 1993 members of the Tigard Police Department formed a committee to research Community Oriented Policing with the goal of implementing it in Tigard. The committee chose the name Team Oriented Policing ( T.U.P.) as their.name to indicate the TEAM formed by the partnership of the community and the police working together. Our goal was to reduce crime, the perception and fear of crime and to make our community a safer place in which to live and work. To achieve this goal, the committee members researched other police departments and reviewed their philosophies and programs. Following this research the committee formulated a plan that was tailored to meet Tigard's needs. This plan encompasses the philosophy of T.O.P.: "Shared responsibility to solve community problems through interaction." The success - of T.O.P. is dependent upon the enthusiastic participation of ALL members of the Tigard Police Department and the encouragement of active participation by our community. Members of the Tigard Police Department who participated in various stages of the T.O.P. committee are listed below: Lt. Robert Wheeler Sgt. Thomas Killion Sgt. Charles Martin Cpl.. Bette Carter, Chair Det. James deSully ' Ofc. Douglas Greisen Det. Michael Hintz Ofc. Karl Kaufman Ofc. Michael Knutson Ofc. Peter LaFranchise Ofc. Kelly Jennings PIO SRC. James Wolf This memorandum describes the plan to implement Team Oriented Policing in Tigard. All Tigard Police Department personnel are to become actively involved in Team<Oriented Policing. They are to E participate in and encourage partnerships with the community. The philosophy of Team Oriented Policing' recognizes the necessity of the inter-dependence and shared-:responsibili.'ty of the police and the -community, working together'-.in partnership to make their ANA community a safer and better place to live and work. This philosophy'encourages a working partnership between the community and the police to identify safety and livability issues, to determine resources needed, and to apply innovative strategies to address the issues and their root causes. This philosophy should . reflect the values of the police and the community through' their cooperative participation in problem solving, decision making, empowerment and accountability. Other issues regarding Team .Oriented Policing that will be addressed by department personnel include: RECRUIn-WMNT: Our recruitment process will include the criteria necessary to select candidates with the skills needed to be effective in Team Oriented Policing. ASSIGNMENTS/PROMOTIONS: Selections for special:-assignments and promotions will have a strong emphasis on the candidates' adherence to Team Oriented Policing precepts. 'VALUATIONS : The evaluations system and form has been changed to include the member's creative participation in Team Oriented Policing. TRAINING: Training is a major component of successful Team Oriented Policing. Training topics need to be selected and presented with Team Oriented Policing issues in mind. These should include classes in problem solving, decision making and communication. OPERATIONS: Each shift should research, discuss and select specific concerns or problems and formulate c:.:aative, effective solutions to address the issue. Individual officers will also have the latitude to work on individual projects. Supervisors are to encourage their officers to address the root causes of repeated calls and allow the officers the resources for innovative responses to these calls. Officers are accountable for their areas; supervisors are accountable for the officers. This includes all department personnel and divisions. PARTNERSHIP AGREEMENTS: Partnerships are the cornerstone of Team Oriented Policing. The philosophy of Community/Team c that the police are an integral Oriented Policing 8 tiers,o...dAa~.... iuraaca part of the system that addresses community safety and livability issues; that they work together with other community agencies and individual members to achieve their goals. The process of implementation.isa constantly evolving process and will take time to reach:effectiveness.K.We.will continue to strive towards a shared -`;'responsibility between the ' police and our community to achieve our: -goal. of :'increased safety and livability in our community, capitalizing-on what we:have already achieved. Amok, DIRECTIVE 94-05 0 TEAM ORIENTED POLICING IMPLEMENTATION PLAN TIG D POLICE DEPARTMENT The Tigard Police Department is implementing Community Policing. To achieve this goal of an effective Community Policing plan, a committee composed of members of the Tigard Police Department was formed.. This committee chose the name of TEAM ORIENTED POLICING or T.O.P. The name, T.O.P. was decided upon to signify the "Team' that is formed between the police and the community that is the fundamental basis for Community Policing. The T,O.P. committee began the project of formulating an effective Comm ~ty Policing plan for Tigard by researching the plans, successes and failures of other departments. The members interviewed numerous other police departments, both in. person and by phone. Various plans from other departments were reviewed and discussed. The departments researched, ranged in size from those with fewer personnel than Tigard to those much larger in size. We interviewed both department heads and street officers. We spore with personnel who favored Comx,aunity Policing and with those opposed to Community Policing. By using this multi-tiered approach with those interviewed and by speaking with bofl- proponents and opponents of Community Policing, we were able to determine what should be the most effective approach to implementing Community Policing in Tigard. One of the first necessities in formulating an effective Community Policing Plan is to address the basic issue of "What is Community Policing All of the literature reviewed is consistent in its definition of Community Policing. Community Policing is a PHILOSOPHY. This philosophy recognizes the necessity of the interdependence and a shared responsibility of the police and the community, working together in' partnership to make their community a safer and better place to live and. work., This philosophy will be adopted and adhered to by all Department members. Team Oriented Policing encourages a working partnership between the community and the police to identify safety and livability issues, to determine resources needed, and to sanely innovative stratpg;es W alleviate the problems. -rr-a - - Team Oriented Policing should reflect the values of the police and the community through cooperative participation in problem solving, decision making, empowerment and accountability. Through Tearer Oriented Policing the police, do not merely respond repeatedly to a problem without first addressing the underlying issues and attempting, with the help of the community to solve the root cause of the problem. This co-active approach may injtialiy necessitate more time involvement for the police but in the broad picture the time spent.will result in fewer repeat calls as well as a more liveable community. Page 1 There are many issues that, need to be addressed in the implementation plan for Tigard. Some of these have already been initiated and others are in the process. The T.O.P. committee created a brochure that explains briefly what Team Oriented roii.cing is and asks that all citizens of Tigard join in this effort. The front page of the brochure has a quote that capsulized our concept of Team Oriented Policing: "SHARED RESPONSIBILITY TO SOLUTE COMMUNITY PROBLEMS THROUGH INTERACTION." This brochure is made available to Department members and to the comnrurity by tie officers at all appropriate locations, such as the library, city hall, water district and at all community or police sponsored programs. The committee also developed a T.O.P. form that is to be utilized by. officers and others to recognize an issue, determine the proper agency or department to respond to the issue and to forward it to the correct department, agency, or person. There are also provisions for the requisite follow-up built into the system which dictates that the Public Information/Crime Prevention Officer file the form and ensure that the appropriate response has been activated. The committee has written a resolution.to adopt Team Oriented Policing for Tigard. This resolution has been presented to the Tigard City Council and formally adopted by the City. The committee produced a concise resource phone number list that is used by the officers and can be handed out to citizens. We, as a police department and as individual members, have implemented other programs and instituted forums that encompass viable Team Oriented Policing concepts. These programs are the result of the implementation of the philosophy of Community Policing--they flow from the philosophy. A survey form was sent to the citizens of Tigard in 1992 to ascertain their concerns regarding the quality of life and potential safety issues in the community and requested their input regarding these concerns. These surveys were used as a basis to determine which issues to address in our partnerships. We are continuing to send out letters to citizens regarding the level of satisfaction they have received on various calls for service. Taase responses are utilized in determining methods . to improve our service satisfaction. Another method of determining the cuncerns of the citiZ-2ns is through the continuance of the Chiefs Forum. This group is composed of citizens from all ~~L •a c cn a roonlnr haaic to advise the Chief on various fac issues that involve the police and the community. Additionally, the city has formed four groups that represent four sections of the city. These groups are called Citizen's Involvement Teams or C.I.T.s. The Police Department has four police officers who are members of these C.I.T.s and they regularly attend the meetings and advise the group members regarding police issues The police officers in turn then meet with the Chief to bring back any issues that involve the Department. These two groups, the Chief's Forum and the C.I.T.s, are an initial step in formulating working partnerships between the police and the community. Page 2 We have instituted other -programs within the Department that embody the philosophy of Team Oriented Policing. Some of these are our Bike Patrol; the use of a satellite office in an apartment complex which enables the officers to interact with the citizens in a positive situation while deterring crime with our presence; a partnership between several businesses to curb thefts from vehicles; and a program that involves businesses supplying paint and supplies to repair criminal mischief from graffiti. Other programs currently are being developed. There are other issues that need to be addressed regarding Team Oriented Policing. They include the following: RECRUITMENT Recruitment of police officers who are suited for Team Oriented Policing requires that the criteria include selecting candidates who are predisposed to embracing a community service approach to policing. The recruiting of police officers today requires varied skills to be able to meet the challenges offered by Team Oriented Policing. Candidates should be well versed in communication skills and be "people" oriented. They should display a low castration level, be flexible, analytical and self=motivated. The successful candidate should be innovative, creative and excel at problem solving. These qualities will be looked for in the testing process, including the oral boards and in the psychological evaluation. If we recruit officers with these qualities and abilities the successful implementation of Team Oriented Policing will be natural to the officer and they will be able to meet these challenges. ASSIGNMENTS/PROMOTIONS Special assignments and promotions also need to have a strong emphasis on adherence to Team Oriented Policing precepts. This can be integrated into the oral board process as well as by the applicant's demonstrated commitment to the tenets of Team Oriented Policing. The necessity of supervisors promoting the philosophy of Team Oriented Policing can not be emphasized too strongly. EVALUATIONS The evaluation system.and form has been changed to include an entry on the person's creative participation in Team Oriented Pohcinga:.`.lxbe new form addresses the issue of Team Oriented Policing. The;-new form. and its anchors will reflect the individual's ; ability to effectively and creativelg'solve problems within the community. This new evaluation form and its anchors will evaluate the officer's abilities on a qualitative Page 3 basis rather than only on a quantitative basis. The new evaluation form will be used uY ou eer rank, corporals and sergeants. T IF. NG Initial training has been given to personnel within the Police Department and to others in the community. The training was first presented to the supervisors in 1992 and then to the remaining members of the Department as well as to various community leaders and citizens. This training was presented by Portland Police Bureau personnel and used the S.A.R.A. method. The S.A.R.A. method is an acronym for Survey, Analysis, Response and Assessment. This is the method that has been proven to be effectively used-when a concern or problem needs to be addressed. Training is a major component of successful Team Oriented Policing.. Our Department training needs to be presented with Team Oriented Policing in mind. Several departments that we researched either intersperse their required training with Community Policing training or give it in conjunction with required training. The additional type of training presented ranges from "How to make presentations to groups" to having other governmental agencies inform officers how their agency can assist in Team Oriented Policing. Health programs, landlord-tenant programs, school resources, etc. are all possibilities for additional training. Most of these are free of charge. The Federal Department of Justice has an excellent, wide-ranging program that can be requested without cost. The training committee should work in conjunction with the T.O.P. committee to set up various training programs that would cover topics that would be beneficial in the Team Oriented Policing program. The T.O.P. committee recommends that we arrange for Department wide training to update and re-familiarize Department members with the philosophy of Team Oriented Policing. We believe that a refresher session is warranted on a regular basis Department wide. Another suggestion that the committee recommends is to have each officer choose a subject, research it and present it to the other shift officers at briefings. This would not only cut the costs of training but would assist those officers in becoming more comfortable in speaking before a group. Problem-solving training is crucial to the successful implementation of a viable Team Oriented Policing project. OPERATIONS During our research we reviewed numerous plans for officer deployment. The most effective plan involves some provision for having zones or districts to which a specific "Team" is assigned. This "Team". is responsible for all that occurs within their zone or district. The supervisors and lit rp.-g .°.s s ed W t hair specific zone have an enhanced opportunity to became more familiar with their area. This enables the "Team" to be more effective in addressing the concerns and problems in their area. However, due to staffing constraints, this type of organizational plan may not be Page 4 feasible for Tigard at this time. Our alternate recommendation is to have each of the three shifts research, discuss and choose a specific concern or problem that their shift chooses to work on. This method allows a wide latitude in choices and should encompass many different subjects. The committee also recommends that each. shift communicate with the other shifts about the projects that they are working on. This will foster good relationships between the shifts as well as encouraging them to work together on common goals. The Detective Unit is encouraged to become actively involved in Team Oriented Policing by addressing such issues as Fraud/Theft at Washington Square or Burglary prevention. Again, both Detectives and Patrol should work together on some of these projects. Presently the Department is using the 4-10 work schedule and as a result, the overlap.time can be effectively utilized for working on the chosen shift projects or individual projects. The initial stages of Team Oriented Policing involves the necessity of spending more time on some types of calls to discover the root causes of a problem. However, when the root cause is discovered and addressed by the appropriate agency or department, repeat calls for service should be reduced. In order to have the necessary time to efficiently and effectively work in the pro- active/co-active manner required by Team Oriented Policing, it is essential that we re-assess our responses for calls for services. It is imperative that we reduce our call load. The initial steps towards this goal have already been undertaken by staff. They are in the process of working on various methods to reduce the calls for service by utilizing such items as phone reports, using cell phones in the patrol units, and other similar responses to some calls. The Department is also in the process of implementing two Community Service OfI°icer'positions. These civilian C.S.O.s will handle many of the low priority calls for service and allow the police officers more time to work on their individual or group projects. PARTNERSHIP AGREEMENTS Partnerships are a cornerstone of Team Oriented Policing. These partnerships begin with the* understanding that the Police Department personnel cannot solve all L9_~_ rM ..1.h:1......iloso...1h._. ..Cm__ yJa ProudCJLLtD Vl LL:SalaIV %JL tavovtuVy. -C ppy o 1CLi111 VL1Pdill,Gl1 rVAlt;l[lgeLlPlld,l'Le, that the police are an integral part of the system that addresses community livability issues; that, they work together with other community agencies and individual members to achieve their goals. To realize this goal of community involvement, we must work to "Advertise and Market' Team Oriented Policing to the public as well as to our Department. The media, both television and newspapers, are able to promote Team Oriented Policing to a wide range audience. The media is an excellent group to involve in assisting us in achieving this goal. • Page 5 Partnership agreements are an example of the trust that is built between the police, ~ other community agencies and our citizens. These can be either verbal or more formal written agreements. The most important aspect of these partnerships is that the community and the police team realize their inter-dependence and responsibility to each other to address crime, the fear of crime, and livability issues. SU . Y The philosophy of Team Oriented Policing has been officially adopted by the City of Tigard and by the Tigard Police Department. It is now up to us, all Department members and the community, to ensure that we are effective in meeting the challenges presented by the necessary change in philosophy. This process will begin with the necessary training within our Department and address the issues regarding recruitment and evaluation. Shift supervisors will be encouraged to foster teamwork within and between their shifts in identifying and assessing problems, seeking creative, innovative solutions to these challenges. All departments researched and all literature studied is consistent in demanding that ALL Department members be supportive of the goals of Team Oriented Policing. The administrative level must ask for and receive input from all levels of personnel. This step is necessary to achieve the required "Ownership" in the philosophy. Supervisors will empower and be supportive of the officers and allow them the needed time to become involved in and offer solutions to long-standing problems. The supervisors must allow for mistakes as the officers learn the most effective methods to work with and alleviate problems. Communication is imperative at all levels and between all levels. The process of implementation is a constantly evolving process and will take time to reach effectiveness. We will continue to strive towards a shared responsibility between the police and our community to achieve our goal of increased safety and livability in our community, capitalizing on what we have already achieved. TEAM ORIENTED POLICING "SHARED RESPONSIBILITY TO SOLVE COMMUNITY PROBLEMS THROUGH INTERACTION". Page 6 TEAM ORIENTED POLICING RET'OR'T' Tigard Police Department 00= Date Occurred: Date Reported: Reported By: Phone No.: Police Incident No.: Applicable ORS/TMC: Location: Problem /Background / History: Recommended Solution: Person Taking Report: F.xt: BPST: G RESPONSE Person Responding. Telephone No.: Date Completed: Have you advised reporting person? 0 Yes Q No Date: - PLEASE RETURN YOUR RESPONSE TO: Team Oriented Policing Coordinator, Tigard Police Department, 125 SW Hall Blvd., Tigard, OR 97M by ~ or call 639-6165 for more information. MANIC YOU FOR YOUR ASSISTANC EI WIPM - Reporting Party YELLOW - T.O.P. Officer PINK - Responsible Agency AGENDA ITEM # &.5 0, For Agenda of May 24, 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY LOCAL CONTRACT REVIEW BOARD ISSUE/AGENDA TITLE Award - of Contract far Ca atruction of 12-Inc Transmission Main on R -W. North Dakota Street Mike Miller DEPT HEAD OK Ed W er CITY ADMIN OK PREPARED BY ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board award the contract for the Construc ion of the 12-Inch Transmission Main on S.W. North Dakota Street. STAFF RECOMMENDATION That the Local Contract Review Board award the contract to Gclden Valley Construction, Inc. INFORMATION SIR216RY The justification for this project comes from the 1990 Engineering Study that recommended this pipeline. This portion of our service area lacks a large diameter water main and is in need of reinforcement and looping. This is the. beginning of a program that will eventually utilize existing 12-inch lines on North Dakota (west of 121st Avenue) to complete a loop between Scholls Ferry Road and Tiedeman Street. The second phase of this project is included in the 1994-95 fiscal year budget. Six bids were opened on May 3, 1994 and are as follows: Berning Construction Co. $105,104 Clackamas Construction Inc. $ 98,220 Marshall Associated Contractors $ 96,220 E.P. Johnson Construction $ 72,115 System Construction Co. $ 67,195 Golden Valley Construction, Inc. $ 58,474 Engineer's Estimate $ 60,000 References have been checked for the low bidder, Golden Valley Construction, Inc. The references indicate a good work record for the company on similar projects. OTHER ALTERNATIVES CONSIDERED FISCAL NOTES The project is entirely funded by System Development Charges. Alb hr - or19; na ! Con m d-5 ~ 4t3e-w4Lrdad f b 45LV Loc!yiler ~cd J ISSUE/AGENDA TITLE AGENDA ITEM #i l01• 5 b For Agenda of May 24, 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY LOCAL CONTRACT REVIEW BOARD PREPARED BY:ffy DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board award the contract for construction of the Lakeside Drive Storm Sewer Replacement? STAFF RECOMMENDATION That the Local Contract Review Board, by motion, award the contract to D & D Concrete & Utilities. INFORMATION SUMMARY On May 10, 1994, bids were opened as follows: System Const. Co., Portland, OR $ 39,870.00 Michael-Mark Ltd., Tigard, OR 32,960.00 ACS, Vancouver, WA 31,736.80 Berning Const., Wilsonville, OR 30,750.00 Golden Valley Const., Salem, OR 27,959.28 LZN Excavating, Portland, OR 26,665.00 Eagle Elsner., Tigard, OR 24,770.00 3DC, Beaverton, OR 21,860.00 Kerr Contractors, Tualatin, OR 97062 21,060,00 D & D Concrete & Utilities 181028.00 Engineer°s Estimate 23,000.00 The purpose of the project is to replace a damaged storm drain in. Lakeside Drive. The low bidder, D & D Concrete & Utilities, has successfully completed two projects for the City. OTHER ALTERNATIVES CONSIDERED FISCAL NOTES This project is part of the 1993-94 Capital Improvement Program approved by Council on July 13, 1993, with a budget of $25,000. 1PdJ/GB:Lakeside.SS2 r r AGENDA ITEM # 6!: E C. For Agenda of June 7. 1994 _ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE LCRB approval of bid award for copier PREPARED BY: DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Shall the LCRB approve the award of the bid for a copier to Commercial Office Products. STAFF RECOMMENDATION Staff recommends the bid for she copier be awarded to Commercial Office Products. INFORMATION SUMMARY The current'main copier is over 4 years old and has produced over 3,500,000 copies which is above the life expectancy of the machine based on overall copy volume. In addition, the quality of the copies given the huge demand and reliance on this copier has been declining due to the age of the machine. The need for service and maintenance calls has increased as has the time the machine is out of order. We typically experience a minimum of twice a month service calls, once a month for preventative maintenance, and a significant amount of staff time to remove paper jams and keep the machine running. As stipulated in the 93/94 Budget Request, this high usage has resulted in a decrease in the equipment's life expectancy. Newer machine technology offers more productivity features and less service downtime. The following qualifying bids were received: Bidder Copier Bid 3 Yr Cost 1) Lanier Lanier 6583 20,485 40,840 2) American Business Ricoh 8880 21,000 43,680 3) Savin Savin 9800 17,999 36,575 4) Commercial office Mita DC-8585 21,496 39,496 5) Advanced Office Ricoh 8780 23,995 41,275 6) Automated Office Canon NP-9800 21,230 38,135 7) Data Graphics Mita DC-8585 25,579 41,539 All of the proposals were reviewed based on a three year cost comparison including supplies and maintenance. We also visited sites where these machines were installed and talked with users. The Savin (#3) was too large to fit in the space we have available in the copy room. The Canon machine (#6) failed the site visit and trial operation due to paper jams and problems with varying types of paper and conditions. We have been experiencing similar problems with the Canon copier we are replacing. Due the heavy production use of this machine, we felt it necessary to throw out #6. 0 After consideration of the remaining bids and associated references, it was determined that although not the least expensive, the Mita copier (#4) would best suit the production needs of the City for a copier in this capacity. We are therefore recommending purchase of the Mita machine from Commercial Office. OTHER ALTERNATIVES CONSIDERED Leasing was considered but was not determined to be beneficial. FISCAL NOTES The adapted budget included $18,500 for this machine, however due. to vacancies in this area, sufficient appropriations exist to make up for the $2,996. H AGENDA ITEM # For Agenda of June 7. 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY VOOTM 17k&-- 8T1h TTTT_F. 6ttt1hin l e PREPARED BY: C. Wheatley DEFT BEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City continue to contract with the Metropolitan Area Communications Commission (MACC) - Tualatin Valley Access for live/videotaped gavel-to-gavel coverage of Council business meetings for Fiscal Year 94-95? STAFF RECOMMENDATION Authorize the City Administrator to sign the Agreement for Government Access Production Services. INFORMATION SUMMARY The proposed agreement provides for increases in costs as follows: 40 Description Last Year This Year Coverage for meeting 0 to 1-1/2 hours $ 216.00 $ 225.00 Each additional hour 70.00 73.00 Copy of video tape 4.50 4.50 Tualatin Valley Community Access (TVCA) conducts the Council cable productions and currently operates as a division of MACC. On October 1, 1994, TVCA will separate from MACC and become a non-profit organization. Another agreement for Council meeting cable coverage will be sent late in the summer for approval. No additional rate. increases or changes in coverage will be requested. (A copy of-the full agreement is available in the City Recorder's office.) FISCAL NOTES An estimated $6,240 cost for the year is included in the City Administration contractual services budget. ha\login\cathy\tvca.94 AGENDA ITEM For Agenda of May 24, 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Abneal hearing on Sanit_arv Sewer Reimbursement Di tri No. 5 - PREPARED BY: R. Wooley DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Consideration of an appeal. STAFF RECOMMENDATION Adoption of the attached resolution revising Sanitary Sewer Reimbursement District No. 5. INFORMATION SUMMARY Sanitary Sewer Reimbursement District No. 5 was formed by Resolution No. 94- 11 passed on March 8, 1994. An appeal has been received. In accordance with TMC.13.08, the Council is required to hold a public hearing to consider and rule on any objections. 0 Originally, a nearing was scheduled for April 12, 1994. However, on April 12 the hearing was continued to May 24, 1994, at the request of the appealing parties. On May 6, 1994, a formal written appeal was received from the attorney representing the owners of two parcels within the reimbursement district. Attached are the following documents: Attachment #1: A copy of Resolution No. 94-11 forming the reimbursement district. Attachment #2: The formal appeal letter. Attachment #3: A memo from the City Engineer describing recommended revisions to the district. Also attached is a resolution which would adopt the recommendations of the City Engineer. OTHER ALTERNATIVES CONSIDERED The Council could: 1. By motion, reaffirm Resolution No. 94-11 and leave the reimbursement district unchanged; or, 02. Adopt the attached resolution making the changes recommended by staff; or, 03. Direct that additional revisions be made; or, 4. Repeal Resolution No. 94-11, thereby eliminating the reimbursement district. FISCAL NOTES Ww/petriel4 CITY OF TIGARD, OREGON 0 RESOLUTION NO. 94- A RESOLUTION REVISING RESOLUTION NO. 94-11 AND REVISING THE TERMS OF SANITARY SEWER REIMBURSEMENT DISTRICT NUMBER 5. WHEREAS, Sanitary Sewer Reimbursement District No. 5 was formed on March 8, 1994, by passage of Resolution. No. 94-11; and, WHEREAS, an appeal was filed by the owners of two properties within the District as provided in TMC 13.08.020(h); and, WHEREAS, a hearing was held on May 24, 1994, to consider objections raised by the appellants; and, WHEREAS, additional cost documentation was filed by the applicant after the adoption of Resolution No. 94-11; and, WHEREAS, based on the additional documentation filed by the applicant, the City Engineer has recommended revisions to Resolution No. 94-11; and, WHEREAS, the formation date shown in Resolution No. 94-11 does not correspond with the date that the resolution was actually adopted; and, WHEREAS, after hearing the objections of the appellants and the recommendations of the City Engineer, the City Council finds that it is appropriate to revise Resolution No. 94-11. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: Resolution No. 94-11 is revised as follows: (a) The City Engineer°s report shall be revised to show the total cost of the sanitary sewer system to be $44,389.15. ' (b) Exhibit D shall be replaced with the attached Exhibit D-1 (revised May 1994). (c) The zone formation crate is March 8, 1994. The right of reimbursement shall end on March 8, 2004, unless extended by the Council in accordance with TMC 13.08.020 (b) (2) . .Section 2: The City Recorder shall cause a copy`of this resolution to be filed in the office of the county recorder and shall mail a copy of this resolution to all affected property owners at their last known address. Section 3: The Finance Director is hereby directed to refund the AIM amount of $78.64 per unit to any property owner who has RESOLUTION NO. 94- Page 1 paid the reimbursement fee prior to adoption of this resolution. PASSED: This day of 1994. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard 4 rw/petriell RESOLUTION NO. 94- Page 2 1 Exhibit D-1 (May 1994) Sanitary Sewer Reimbursement District No. 5 Recovery Agreement Connection Charges Connection Tax Lot Units** Charge** 2S1 1DC 300 2 $ 4,035.36 2S1 1DC 400. 2 4,035.36 2S1 1DC 500 2 4;035.36 2S1 1DC 2700 1 2,017.68 2S1 1DC 3200 1 2,017.68 2S1 1DC 3302 1 2,017.68 2S1 1DC 3300, 3400, 3600, & 3601 (Pacific Ridge Subdivision)* 11 22,194.67 2S1 1DC 3501 2 4,035.36 22 $44,389.15 *Note 1: Pacific Ridge Subdivision is owned by the applicant. The reimbursement district connection charge is deemed to have been paid on these lots. Note 2: If any tax lot shown above agreement connection charge the new lots in accordance the subdivision applicant. provided, the charge shall new lots created. is later subdivided, the recovery for that lot shall be assigned to with the written instructions of If no written instructions are be distributed equally among the Note 3: The connection charge shall apply only to properties which are connected directly to the sewer lines constructed as a part of Pacific Ridge Subdivision (the sewer line shown on Exhibit B). If properties within the zone of benefit are connected directly to sewer lines outside the zone of benefit, the connection charge shall not apply. **Note 4: For residential structures, the connection charge shall be at the rate of one unit for each residential structure connected to the public sewer. For commercial development, the connection charge shall be for the number of units shown in the table above. The charge per unit is $2,017.68. Over the life of the reimbursemen•,: district, the total charge to any tax lot shall not exceed the number of units shown in the table above. CITY OF TIGARD, OREGON RESOLUTION NO. 94 _Ll A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NUMBER 5. WHEREAS, sanitary sewer improvements have been constructed to serve Pacific Ridge Subdivision and certain adjoining properties; and WHEREAS, all costs of said sewer construction have been paid by The Petrie Company; and WHEREAS, formation of a zone of benefit has been requested by The Petrie Company; and WHEREAS, the City Engineer has submitted a report describing the improvements, the zone of benefit, a methodology for spreading the cost among the parcels within the zone of benefit, and the recommended interest rate; and, WHEREAS, the City Council has determined that formation of a zone of benefit as recommended by the City Engineer is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The City Engineer°s report title "Sanitary Sewer Reimbursement District No. 5", attached hereto as Exhibit .A, Is hereby approved. Section 2: A zone of benefit is hereby established in accordance with TMC Chapter 13..08. The zone of .benefit shall be the area shown on Exhibit B and described on Exhibit C. The zone of benefit shall'- 'be known as "Sanitary Sewer Reimbursement District No. 5." Section 3: Payment of the recovery`, agreement connection charge as shown in Exhibit D is a precondition of receiving city permits applicable-.--:to development of each parcel within the zone-of benefit as provided for in -TMC 13.08.030. Section 4: An annual percentage -rate' of three percent (3%) shall be applied.to the.connection charge.. - Section 5: The zone formation"elate: February 2201994. The right of reimburs6ttent shall end on February 22, 2004; unless extended by the Council in accordance with TMC 13.08.020 (b) (2) - _ RESOLUTION NO. 94- Page 1 J AIML Section„6: The City Recorder shall cause a copy of this resolution to be filed in the office of the county recorder and shall mail a copy of this resolution to all affected property owners at their last known address, = accordance with TMC 13.08.020 (f) and (g). 1994. PASSED: This ATTEST: City Recorder - City Tigard d j /RW: Pac-Ridge.55 H-I'm 0 1 - RESOLUTION NO. 94- Page 2 a Exhibit A. City Engineer's Report Backcyround SANITRRY SEWER REIMURSEMENT DISTRICT NO. 5 A sanitary sewer line has been constructed to serve Pacific Ridge subdivision located adjacent to S.W. 74th Avenue and Cherry Drive. The sewer line also provides service to certain adjoining lots. The sewer line is nearing completion and the developer's costs are known. Financing Z.11 costs of construction of the sewer extension have been paid by The Tetrie Company. The Petrie Company has requested that a reimbursement district be formed so that the company will be reimbursed for a share of the costs of the sewer extension in the future as other properties are connected to the sewer. _ The sewer extension has potentially provided sewer service -to seven adjacent properties, thereby relieving adjacent -property owners of installing sewer improvements in the future. This has created a zone of benefit as defined in TMC 13.08.010(7). Zone of Benefit The zone of benefit is the properties shown`as the shaded area on the attacLed map (Exhibit B) . The proposed zone formation date*. for the.sewer is the date of Council action forming the reimbusement district: It is recommended that-: the reimbursement districtcontinue . for ten years. After • ten years,•!%, properties .connecting to_:: the sewer would no longer be required to _pa.y.,..the•'reimbursement:-*fee-. unless the time is extended by the-Council as provided in TMC 13.08.020. (b) (2). Cost The total cost of the sanitary sewer construction, including design and inspection costs, is $46,119.00. All of this cost has been paid by The Petrie Company. 0 Reimbursement Rate West of 74th Avenue, the lots for zoned R-3.5, which provides fo and certain related uses. The 10,000 square feet. C, served by the sewer extension are all single-family residential development minimum lot size in the R-3.5 zone is The new subdivision currently under construction (Pacific Ridge) occupies Tax Lots 3300, 3400, 3600, and 3601. This subdivision will contain 11 single-family lots, with no potential for further subdivision under the current zoning. Tax Lots 2700, 3200, and 3302 are currently fully developed with single- family residential structures and cannot be further subdivided under the current zoning. Tax Lot 3501 could be subdivided into two or three lots under the current zoning. The lots east of 74th Avenue (Tax Lots 300, 400, and 500) are zoned C-P. These lots could be subdivided or they could be developed with more than one structure on each lot. The applicant suggests that the lots with potential for subdivision should be charged at twice the rate of the smaller lots that cannot be subaivided. This seems to be a reasonable basis for calculating the connection charge, as the larger lots have the potential of more than one connection to the sewer in the future. Therefore, it is recommended that the costs of the sewer be divided among the lots within the zone of benefit as shown in Exhibit D. The recommended cost to each lot-is shown in Exhibit D„ At a meeting on February 8, 1994, the City Council heard from property owners within the proposed district and discussed the options for determining the connection charge. Based on those discussions, the Council determined that the larger lots should'not be charged their full share of costs until such time as.tl'ey are fully developed. Although some of the lots have the potential for more development, current development consists of, one::.:-residential structure on each lot. Therefore, Exhibit-:.D provides;:that connection of one. residential structure . would. be:!" charged:.:!.fdr,t.o'nly ®ne.::.unit of - cost.,' . Subsequent -development would pay any remaining.:share .-of:.costs. Interest Rate. THC 13.08.020 (b). (5) provides'ihat an annual percentage rate shall be applied to the'. connection chalge'-T'on.°the, anniversary date of the reimbursement agreement. The applicant has requested '..that``th :;firiance charge be 3%, which is comparable to that currently. being -finance public improvements. This seems reasonable, as the .:...financing costs for private development are usually somewhat higher..:! Therefore, it is recommended that the interest rate be set at 3%. on each anniversary of the zone formation date, the established connection.-charges shall be increased by this amount Recommendation It is recommended that a reimbursement district be formed with a zone of benefit, reimbursement rate and" interest as indicated above. Submitted February 11, 1994. Randall R. Wooley City Engineer dj/RK:Pac-RSdga.SS n 0 tO O Z (,J m ZE F - (n o Fn t- S w X ~ LjJ (1) cr- m m w cr- 3nN3nv ONU Ws EXHIBIT "C" ® REIMBURSEMENT DISTRICT NO. 5 A portion of the W.W. Graham D.L.C. in the SE 1/4'and the SW 1/4 of Section 1, Township 2 South, Range 1 East, Willamette Meridian, City Of Tigard, Washington County, Oregon, described as follows: Beginning at the Northwest corner of lot 49 of the plat of Rolling Hills No 2 , thence S 010 461 24" W, along the west line of said lot 49, a distance of 150.00 feet to the southwest corner of said lot 49; thence S 890 571 36" E, along the south'line of said lot 49, a distance of 110.00 feet to the east line of the plat of Rolling Hills No. 2; thence S 010 46' 24" W, along said east ,line, a distance of 219.96 feet to the northwest corner of the property described in Fee Number 78-039189 Washington County Deed Records; thence 5,880 48' 00" E along the north line of said Fee Number a distance of 104.26 feet to the northeast corner of said Fee Number; thence S 01° 40' 00" W, along the east line of said fee Number and the extension thereof, a distance of 196.32 feet to the south right of way of Cherry Street; thence S 880 48' 00" E, along said south right of ,way, a distance of 394.50 feet to the west right of way of SW 74th Avenue and the northeast corner of lot 43 Rolling Hills No. 2; thence S 01° 07' 53" W, along said west right of wags, a distance of 180.OO.feet to the southeast corner of said lot 43 and the south line of the,plat of. Rolling Hills No. 2; thence S 880 48' 00" E, along said south line,to distance of 50.00 feet to the southeast corner of said plat; thence N 01° 071 53" E, along the east line of said-plat, a distance of 88.00 feet to the southwest corner of the property described in Land Sale Contract recorded in Fee Number 90-13022 of Washington County Deed Records; thence S 880 48' 00".E, along the south line of said Fee Number; a distance of 290.00 feet to the west right of way of SW 72nd Avenue; thence N 010 - 07' 53" E, along said west right of way, a distance of 396.00 feet to -the northeast corner of the property described in Fee Number 90-49255;- thence N 88° 40' 3.5" W, along the north line of said Fee Number and the north line of the proposed plat of Pacific Ridge, a distance of 484.80 feet to the southeast corner of the property described in Fee Number 90- 30051 Washington county Deed Records;. -thence N 02° 02' 44" E, along the east line of%said Tee. Number; a distance of 271.91 feet, to the southerly right of ..-way of the Public street dedicated in deed recorded in Book 149,-page .293' of Washington County Deed Records; thence N 890. 51' 46°`,W, along said southerly right of way, a distance of 140.00:feet'to the.east line of the proposed plat of Pacific Ridge; thence, along the boundary of said proposed plat the following four' courses;.thence N 02° 02' 44" E A distance of 20.00 feet; thence.S 89°,.-51°: 46" W.a distance of 162.15-feet; thence S 010 28' 24" W a distan; e f 25.01 feet;.. thence N 8910,::.,571 36" W a distance of 50.02 '.feet *-to : the '-Northeast`. corner of lot' 49 Rolling Hills No. 2; thence -N 89®.' 571 36" W, along the north line of said lot 49, a di-stance' of 110.00 feet' to the point of beginning. johnr!\pac_ben l H Exhibit D Sanitary Sewer Reimbursement District No. 5 Recovery Agreement Connection Charges Connection Tax Lot Units** Charge** 2S1 1DC 300 2 $ 4,192.64 2S1 1DC 400 2 4,192.64 2S1 1DC 500 _ 2 4,192.64 2S1 1DC 2700 1 2,096.32 2S1 1DC 3200 1 2,096.32 2S1 1DC 3302 1 2,096.32 2S1 1DC 3300, 3400, 3600, & 3601 (Pacific Ridge Subdivision)* 11 23,059.48 2S1 1DC 3501 2 4,192.64 22 $46,119.00 *Note 1: Pacific Ridge Subdivision is owned by the applicant. The reimbursement district connection charge is deemed to have been paid on these lots. Note 2: If any tax lot shown above is later subdivided,.the recovery agreement connection charge for that lot shall be assigned to the new lots in'accordance with the written instructions of the subdivision applicant. If no written instructions are provided, the charge shall be distributed equally auong the new lots created. Note 3: The connection charge shall apply only to properties which are connected directly to the sewer lines constructed as a part of Pacific Ridge Subdivision (the sewer line shown on Exhibit B) . If properties -within" the zone of benefit are connected directly to sewer lines .outside 'the zone of benefit, the connection charge shall not apply. **Note 4: For residential structures, the connection charge shall be at the rate of one-unit for each residential structure connected to the public sewer. For:. commercial development, the connection charge shall,-.be for the number of units shown in the table above.: The- dhaxge 'per unit is $2, 096.32e Over the life of the reimbursements: district, 'the total charge to any tax lot shall not exceed-the number of units shown in the table above. 9- L f2NI L JEFFREY L. KLER MAN Arroaxav AT LAw THE Ax33ASSADOa 1207 S.W. SIRTH AifENUE PORTLAND, O&EGON 97204 TELEPHONE (503) 248-0808 FAX (503) 228.4529 May 6, 1994 To: Tigard City Council Re: Zone of Benefit District #S--Reimbursement District For Pacific Ridge Subdivision (Tigard City Council Resolution No. 94-111 Pursuant to TMC § 13.08.020(h), X. H. Monson and Anthony J. Maksym ("Petitioners") hereby petition the Tigard City Council for a hearing of Petitioners' objections to the establishment of the above Reimbursement District and the Zone of Benefit charge herein. Petitioners are affected property owners herein, as they are the owners of Tax hots 300 and 400, respectively, in the proposed Reimbursement District. Petitioners' addresses and' telephone numbers are as follows: M. H. Monson 13515 SW 72nd Tigard, OR 97223 Telephone: 684-5777 Anthony J. Maksym - 13565 Sin 72nu- Tigard, OR 97223 Telephone: 639--4552 Petitioners' specific objections are as follows: 1. The City exceeded its jurisdiction and denied Petitioners due process and equal=protection under the law by employinc, an ordinance which makes certain property owners subject to reimbursement charges a upon the request of private developers, while other, similarly situated property owners are not. 2. The City exceeded its jurisdiction in assessing citizens for improvements, the coFt of which was not established through legally mandated bidding and contracting procedures. 3. The City exceeded its jurisdiction in approving application for a Reimbursement District, which had been withdrawn from consideration by the applicant and was not refiled. an duly .,Tigard City Coimcil MeLy 6, 1994 Page 2 4. The City exceeded its jurisdiction and erred in forming a Reimbursement ni ratri ct where the Citv Fnctineer" s Report failed to consider in its methodology for spreading costs, the prior contributions by adjacent property owners and value of the unused capacity, as required by TMC § 13.08.020(b)(4). 5. The City exceeded its jurisdiction anderred in establishing a zone formation date of February 22, 1994, in Section 5 of Resolution No. 94-11, in that the application in question was withdrawn on and as of said date., 6. The City violated TMC 913.080.020(d) by ordering reimbursement for the amount of improvement costs computed on the property developed by the applicant, to wit, one or more of the following: a. surface water drainage; b. lot preparation; c. road preparation; d. manhole covers; e. eight--inch sewer line; and f. engineering costs with respect to the above items and the project, generally. ~.-_~~a.t.... r.s.,. e~e-ss rgr~erpr~ rc~i~nksttrgs~rt~ni_ ~nr QA6.CA8ae o..iec, a..ac .sa a.d 7. in the the items described in objection 5 without substantial and/or any evidence to show that said items were not charged substantially or in part with respect to the property developed by the applicant. 8. The City exceeded its jurisdiction and assessing double connection charges against Tax in the sum of $4,192.64 (2 x $2,096.32). There the record or in the ordinance for g:3suming the two commercial units on either or both of these lots. erred in Lots 300 and 400 is no basis in development of two single tax R ectfully s miffed, ~►kY Kleinman, or r Petitioners JLK:sb MEMORANDUM CITY OF TIGARD TO: Pat Reilly, City Administrator May 13, 1994 FROM: Randall R. Wooley, City Engineer ~~e~ SUBJECT: Sanitary Sewer Reimbursement District No. 5 Subsequent to the formation of the reimbursement district in March, the applicant has filed additional information documenting costs of. constructing the sewer line. Additional documentation was received on March 28, April 12, and May 6, 1994. The additional documentation reveals errors in the original calculation of costs. First, the construction costs included $1,446.10 of costs related to construction of sewer laterals. The laterals serve only the property of the applicant and the cost of laterals should not be charged to the district. Second, the total construction cost is greater than originally reported by $1,089.48. Finally, when the revised cost for sewer construction and total construction are used, the sewer becomes 24.9% of the total cost (rather than 26% as previously used). Using the revised percentage reduces the share of engineering and permit costs charged to the district. Based on these revised figures, the total cost of the sewer mains is determined to be $44;389.15 as follows: Construction cost of sewer main $37,987.90 Engineering (24.9% of $19,000) 4,730.25 Permit fees (24.9% of $6,711.90). 1,671.00 Total $44,389.15 I recommend that the reimbursement district be revised to reflect this revised calculation. The resulting unit cost is $2,017.68 which is $78.64 less than the previous calculation. A revised table of charges (Exhibit D-1) has been prepared. rw/petriel3 G/7 \ BO/ 6rae'n, ✓iinea N.~ Pr/r/ci.~ L ~ . a7oo i f5.Z9 5.00'--- LOT / 3so~ II i 4 Oh, Ch-7r/es /e/.55' / y { LOT 4T p v 'ix} qdc Orry'Y,+ 7D,@¢2 .Ft. Ih i CBT 3 t .'ka.. _Ei/dam ~s .h s. ~s.a~• M us.91 f i-~' v Z• o: /L.~OT / ~ i per' Z p 4-07 3 - O LOT 6 O, D Z9 . Ft N. o \ ~ pp - /o . 04' N ~3' ~ 1695' .f-t ✓ % ~ ~ Or1e Wq~frr / •B"PVC !.'yn 1~... \\\TTT~~Ij •a L^~ k \ I 6/7 ~ - Bo( Grc~n, ✓an~• h'. y~ Paliaia G 16 n 074 \ ~W ~-Li `P.cYf3'7'(p~{_G= lYYtl \ 5.29 s00' LOT / 350/ 5JC2/ /9, 60.3 5 PI • 171, ,Char/mss E I ~y i ~ I _ _ - \ ~ - - - - ? E ' ~ E/i jaba/h D. I I / •a(,.kcr ~ine5 . a/vin 1 I O \ +ar _ 101.55' c~sn - LOT 2 0 - oo s d ? %5,367 .Ft. n_ L©T 0 m:rh MW / 1 ♦e1/cr'n / ~ w./~F - S /O, o77Sq. Fh ~ ~ / . ~ ~ ; s~'~ y xf-Fr ,f XN c' } } . 10 ea . O y D~ _ MN-`~lO h~ ~ ~ t ry41RSb'M j,~,~ e.f,Y.X~. . /4 _ _ h V '0`13 ~ _ t. S _ - 54.1. 3i.s5• v ~•nsa /~o.(/• - //4 Q~ a, ti// SOT 7 : 0 ~,p o LET S - LOT 144 0~9 /e9s .Ft / t l OT T Gordon, Edwais G ~ C m ~ O9. \ / Y / Nk / 302 f ~/09 25 p n 9. !vsJ~ ~ MtrL1L-_ x.-W+'µ+ r , ~ .wdf .K`.f~ l~.\tfi' 43 B P. V C San d' 'P Aim ~ f ~ San. M.N 1 i a ~~fl ~lO n.MiO lY ].ei J YY88 88 l4or ar.... ' C6 Lt1 W l . ~J Q t<r ni srr nw BfINAAr B.LYL 'k's 1 R q " -SrFia - - - - - ~3 K g fl ,srrr•r Arm,oa nu mar ts~alos ~ $ t. ~ a 6 fl 04 4 _ a~0B~F~ nth ego a ~y ~ a a ~g yy~ ppi~ ~ptlp g~.. .mil. p: ~ .rIK .N T➢ f ~i gptl N3 tl~~ BhR ~ ..is,arar .\OZZ! 2.00"aZON.~. 'y` o-M • Nt•'7~~.~ ~ pax'. ~p ppp 7 I Eg ~i ` w N k}Y O$SA ~ ~ • ~g@ yyy. ~ b3~ x ~ Q I M-00,laZOS p0' rank 'smar °i' !5'!6Z "eaZoS _ s sa~° tr i.n' F ..aa •.rror..-7 .Y, 1JKY~l r } } iercr .morr tr .ro<. 1$ s'M gb'C6.tt) 'a .-------.r -r y+~ fl TI ~5• ~K,r L009! 3.00, laLON ! F nmmx,. . C~ N ~ . ~ ms's `~~3t~, vJy~;^,a} t •.u 5 fl 3' ~ a ~~saS y, I• Via. E~ :i ~ .~~'•Ar'~~ 3 ~Ra u~ €a3 ro L~ rer! M ye fi k~.....w .•~$,~U9' _ fl g°.8~~ M.PD,O1.lOS M o10 .YB C g. a r ` T dove PA, d a sar BU ns 7 _ 02 ~k .wur .morr 4 .rr .rr "W` Gm KU 56691 •rose f,rs.U ~i'~' l ~}&9llON rmvrU ~i I n1 ~ GmorU fl rmaaU ~ ` q@ qR qqR ` 5gg~, s~q .rr ,a • 1 r1E PETRIE COMPANY COMMERCIAL REAL ESTATE (503) 246-7977 a 7 a RECEIVED. MAY 0 6 1994 GUMMUNITY DEVELOPMENT May 4, 1994 / f TO: City Engineer City of Tigard FROM: Craig A. Petrie RE: Reimbursement District Dear Randy, Attached is the information you requested. Previously you have in your file a breakdown of the sewer costs for Pacific Ridge. Attached is a copy of the construction contract, the street light contract, my copy of my check to Loy Clark which was for a power crossings which were required and outside the contract, a 3-28-94 memo from Harris Hyman which outlines additional construction costs of S 2,933-.43 and $ 317.50, and a memo dated 5-3-94 from Hassan Ibrahim outlining additional costs to the project of $ 7,560.00. Previously you have in your file the engineering and permit costs. The total construction costs are: Contract $ 135,933, Loy Clark Crossing $2,250, Street Lights $ 3,592, Hyman memo--S 2933.43 and $ 317.50, and Ibrahim Memo $ 7,560. The total construction cost is 152,555.93. Sincerely, / Craig P trie 9600 SW CAPITOL HIGHWAY ® PORTLAND, OR 97219 FAX: (503) 244-0123 - AVELO'i*MEN i' COi•45 . TEL NO .SUS-G 1-?6 , 7 May 5 , 9- 12:42 P.J .010 P . 02 233 S.E. WASHINGTON STREET, HILLSBORO, OREGON 97123 PHONE: (503) 648=+(1)61 FAX: (503) 681.7646 M E M DATE: May 3, 1994 TO: Craig Petrie PROM Hassan A. Ibrahim, EIT RE: Pacific Ridge During the construction process, an extra cost was creatod in addition to the original construction contract. Cost breakdown as billed by Empire Pacific, Inc, is as follows: item Qty. Unit Price Total 1. Rock Excavation 70 CY 100.00 2. Oversize Catch Basin Adder 1 EA 200.00 $7,000.00 3. Remove & Install Catch Basin 200.00 Laborers & Supervisor 8 HRS 45.00 380.00 Total Extra Cost $7,560.00 The cost stated in this memo-is in addition to the cost shown on the memo dated March 28, 1994 by Harris Hyman, PE/PLS. If you have'any questions, please call. 0 WO.1498.2434 7 7 Gee off 5100, vU_ 0. 0. - •------~__.._..__.__._....__~O._.~..._ ~~s:'/'~---Pdr,~iE~l ~.G'/'D.3✓/!!~f`_.__. _ ....~j T Jr' O~ 00.. - ----war _ - - - 4~ TRIE COMPANY THE hE COMMERCIAL REAL ESTATE -~7 03) -79 7-0 R E 0 E 9 VE February 23,1994 0 TO: Randy Wooley FEB 2 3 9994 City of Tigard CITY OF TIGARD PROD: Craig A. Petrie RE: Zone of Benefit District #5 Dear Randy, Y^am requesting that you place the above mentioned request for the creation of a zone of benefit district on the council agenda for March 8th, 1994. This zone will not only benefit me but it will benefit the owners of tax lots included in the zone in that without the zone a hookup will pay an additional S 3,000.00 and with the zone a hookup will pay at figure of $2,096.32. The zone of benefit exists in the City code, my request qualifies according to the code, the City has never denied a request for formation of a zone of benefit, and the formation of the requested zone is fair and equitable. The formation of the zone will also save others within the zone S 903.68 per hook up. You previously have on file the information that 3 am required by the code to submit and ask that you submit the information that you had prepared for the meeting February 22, 1994. Sincerely yours, Craig A. et e 0 A 9600 SW CAPITOL HIGHWAY s PORTLAND, OR 9721'9 FAX: (603) 244-01231 SEEM= M "ClS 5~:,oS h.T.iGARD rh4oi\SGON S_i '4k t }y M r(~; h/~~v., 1. t 7 ~l SY ?„~ti '~2 _•t7'~4,~y. 9~ ..~~r•i R4efv'tnY.~T.~{.I.li aTiLi.y N6- .2 i' r Fk ° 4 , ?lr~,,~,,.'~,`' .71 A RESOLUTION ESTABLISHING SANYTAFtY SEWER, REIMBL7RSEF~?EY3T. Y3ISTRICT 14T7MHEFE 5.- WHEREAS, sanitary sewer improvements. have.. been constructed to serve pacific Ridge Subdivision" and c6rtain'idjoining:propeities 'and,. hF ' WMEREAS, all casts of said sewereonstyr~uctionr ha, ve beef paid by The Petrie Company;` WHEREAS, formation of a zone of benefit has been ;arequested by The Petrie Company; and r WHEREAS, the City Engineer has submitted a report describing the improvements, the zone of b-nefit a~kethodology,,4- or;-spreading 'the cost ^w among the .,parcels %Oxt in t$ e zone of benefits arid. t$~ recommended- interest sate, end,-" WHEREAS, the City Council has determined that formation of a zone of benefit as recommended by the City Engineer is,'appropriate. r NOW,-,. THEREFORE, BEY I -.,I ESOL~i1~D x ay a Ti gaaCd i Co acil ,tYiat i + 1 t Section 1: 'The City Engineer' s report title "Sanitary Sewer Reimbursement Dii~tsict No 51, attached hereto as Exhibit A, i here3s~y , appicoed. x Section 2: A ~r~ne of.. benefit's is hereby Ps albl shed 'im accordance with TALC 'Chapter '13`a QS . The zone f benefit shall be the area shown"on 8xhibit-B` and-described on Exhibit C. The zone of. benefit shall be;.,kticwn_ as Sanitary Sewer Reimbursementistrictt ~To: at`t f W`fy ktF^. ^ x Section 3. Payment of the recove ag ry reemen connection charge'as shown in Exhibit D is a precondition of receiving city permits applicable to development of each, parcel within the zone of beYae'f3t as'lp oledoTXC ~13.03.030 tg t c}• ef~A~, f'yk' s a7eion :3'.' o r x anntla2."t. 'peentd3shall be app, ledt°'o`"t1a' onneon zq"e w r tti; Section 5 The zone formati.on;4ate is February 22,, . 1994. -the right:. L r of ~ reimbu~erdd all ncn ~g~ 22s 2004; . u►lesse`~` extended by •the:Councils nn ac.~coxS~dance~.kth;Tm "13.08.020::= . . (Y) (2) "L"'xS`+2y~'AtfF_, 5 2V'3. Yk ~i J .r S's 1. 'rte I ''RESOLUTION No. 94 Page l t" Section 6: The City Recorder shall cause a copy of this resolution to be filed in the office of the county recorder and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance with TMC 13.08.020 (f) and (g). PASSED: This day of, 1994. Mayor W City of Tigard ATTEST: City Recorder - City of Tigard dj/RW:Pac-Ridge.SS P ~r 0 Exhibit A City Engineer's Report SANITARY SEWER REIMURSEMENT DISTRICT NO. 5 1 Backcxround A sanitary sewer line has been constructed to serve Pacific Ridge subdivision located adjacent to S.W. 74th Avenue and Cherry Drive. The sewer line also provides service to certain-adjoining lots. The sewer line is rearing completion and the developer's costs are known. Financing All costs of construction of the sewer extension have been paid by The Petrie Company. The Petrie Company has requested that a reimbursement district be formed so that the company will be reimbursed for a skiare of the costs of the sewer extension in the future as other properties are connected to the sewer. The sewer extension has potentially provided sewer service to seven 'adjacent properties, thereby relieving adjacent property owners of installing sewer improvements in the future. This has created a zone of b~.~nefit as defined in THC 13.08.;010(7). Zone of Benefit The zone of benefit is the properties shown as the shaded area on the attached map (Exhibit B). The proposed zone formation date for the sewer is the date of Council action forming the reimbusement district. It is recommended that the reimbursement district continue foz- ten years. After ten years, properties connecting to the sewer would no longer be required to pay the reimbursement fee, unless the time is extended by the Council as provided in TMC 13.08.020 (b) (2). Cost The total cost of the sanitary sewer construction, including design and inspection costs, is $46.,,119.00. All of this cost has been paid by The Petrie Company. Aft Reimbursement Rate :J West of 74th Avenue, the lots served by the sewer extension are all zoned R-3.5, which provides for single-family residential development and certain related uses. The minimum lot size in the R-3.5 zone is 10,000 square feet. The new subdivision currently under construction (Pacific Ridge) occupies Tax Lots 3300, 3400, 3600, and 3601. This subdivision will contain-11 single-family lots, with no potential for further-subdivision under the current zoning. Tax Lots 2700, 3200, and 3302 are currently fully developed with single- family residential structures and cannot be further subdivided under the current zoning. Tax Lot 3501 could be subdivided into two or three lots under the current zoning. The lots east of 74th Avenue (Tax Lots 300, 400, and 500) are zoned C-P. These lots could be subdivided or they could be developed with more than one structure on each lot. The applicant suggests that the lots with potential for subdivision should be charged at twice the rate of the smaller lots that cannot be subdivided. This seems to be a reasonable basis for calculating the connection charge, as the larger lots have the potential of more than one connection to the sewer in the future. Therefore, it is recommended that the costs of the sewer be divided among the lots within the zone of benefit as shown in Exhibit D. The recommended cost to each lot is shown in Exhibit D. At a meeting on February 8, 1994, the City Council heard from property owners within the proposed district and discussed the options for determining the connection charge. Based on those discussions, the Council determined that the larger lots should not be charged their full share of costs until such time as,they are fully developed. Although some of the lots have the potential for more development, current development consists of one residential structure on each lot. Therefore, Exhibit D provides that connection of one residential structure would be charged for only one unit of cost. Subsequent development-would pay any remaining share of costs. lnterej.L Rate. TMC 13.08.020 (b)'(5) provides that an annual percentage rate shall be applied to the. connection charge. on the anniversary date of the reimbursement agreement. The applicant has requested. that the finance charge be 3%, which is comparable to that currently being paid to finance public improvements. This seems reasonable, as the financing costs for private development are usually somewhat higher. Therefore, it is recommended that the interest rate be set at 3%. on each anniversary of the zone formation date, the established cormecti®n charges shall be increased by this amount. Recommendation It is recommended that a reimbursement district be formed with a zone of benefit, reimbursement rate and interest as indicated above. Submitted February 11, 1994. Randall R. Wooley City Engineer dj/RH:Pec-RSdge.SS 1 AML e F-- X LLJ 47 O Z . F- U H O Z !iJ M W Cf) cr. D cn m ui m P 3nN3Av ONZL IA s EXHIBIT "C" REIMBURSEMENT DISTRICT NO. 5 A portion of the W.W. Graham D.L.C. in the SE 1/4 and the SW 1/4 of Section 1, Township 2 South, Range 1 East, Willamette Meridian, City Of Tigard, Washington County, Oregon, described as follows: Beginning at the Northwest corner of lot 49 of the plat of Rolling Hills No 2 , thence S 010 461 24" ri, along the west line of'said lot 49, a distance of 150.00 feet to the southwest corner of said lot 49; thence S 890 571 36" E, along the south line of said lot 491, a distance of 110.00 feet to the east line of the plat of Rolling Hills No. 2; thence S 01° 461 24" W, along said east line, a distance of 219.96 feet to the northwest corner of the property described in Fee Number 78-039189 Washington County Deed Records; thence S 880 481 0011 E along the north line of said Fee Number a distance of 104.26 feet to the northeast.corner of said Fee Number; thence S 010 401 00" W, along the east line of said fee Number and the extension thereof, a distance of 196.32 feet to the south right of way of Cherry Street; thence S 880 481 00" E, along said south right of way, a. distance of 394.50 feet to the west right of way of SW 74th Avenue and the northeast corner of lot 43 Rolling Hills No: 2; thence S 010 071. 53" W, along said west right of way, a distance of 180.00 feet to the southeast corner of said lot 43 and the south line of the plat of Rolling Hills No. 2; thence S 880 481 00" E, along said south line, a distance of 50.00 feet to the southeast corner of said plat; thence N 010 071 53" E, along the east line of said plat, a distance of 88.00 feet to the southwest corner of the property described in Land Sale Contract recorded in Fee Number 90-13022 of Washington County Deed Records; thence S 88 481 00" E, along the south line of said Fee Number, a distance of 290.00 feet to the west right of way of SW 72nd Avenue; thence N 010 071 53" E, along said west right of way, a distance of 396.00 feet to the northeast corner of the property described in Fee Number 90-49255.; thence N 88° 401 15" W, along the north**line of said Fee Number and the north line of the proposed plat of Pacific Ridge, a distance of 484.80 feet to the southeast corner of the property described in Fee Number 90- 30051 Washington county Deed Records; thence N 020 021 4461 E, along the east line of said Fee Number, a distance of 271.91 feet, to the southerly right of wasp of the Public street dedicated in deed recorded in Book 149 page 293 of Washington County Deed Records; thence N 890 511 46" W, along said southerly right of way, a distance -of 140.00 feet to the east line of the proposed plat of Pacific Ridge; thence, along the boundary of said proposed plat the following four courses; thence N 020 021 440 E a distance of 20.00 feet; thence S 890 511 46" W a distance of 162.15 feet; thence S 010 281 24" W a distance of 25.01 feet; thence N 890 571 Y 36" W a ,distance of 50.02 feet to the Northeast corner-of lot 49 Rolling Hills No. 2; thence N 890 571 36" W, edong the north line of said lot 49, a distance of 1,10.00 feet to the point of beginning, j0hnrh\pae.b6n Ask r Exhibit D Sanitary Sewer Reimbursement District No. 5 Recovery Agreement Connection Charges Connection Tax Lot Units** Charge** 2S1 1DC 300 2 $ 4,192.64 2S1 1DC 400 2 4,192.64 2S1 1DC 500 2 4,192.64 2S1 1DC 2700 1 2,096.32 2S1 1DC 3200 1 2,096.32 2S1 1DC 3302 1 2,096.32 2S1 1DC 3300, 3400, 3600, & 3601 (Pacific Ridge Subdivision)* 11 23,051.48 2S1 1DC 3501 2 4,192,64 22 $46,119.00 *Note 1: Pacific Ridge Subdivision is owned by the applicant. The reimbursement district connection -charge is deemed to have been paid on these lots. Note 2: If any tax lot shown zbove is later subdivided, the recovery agreement connection charge for that lot shall be assigned to the new lots in-accordance with the written instructions of the subdivision applicant. If no written instructions are provided, the charge shall be distributed equally among the new lots created. Note 3: The connection charge shall apply only to properties. which are connected directly to the sewer lines constructed as a part of Pacific Ridge Subdivision (the sewer line shown on Exhibit B) . If properties within the zone of benefit are connected directly to sewer lines outside the zone -of benefit, the connection charge shall not apply. **Note 4: For residential structures, the connection charge shall be at the rate of one unit for each residential structure connected to the public. sewer. For commercial development, the connection charge shall be for the number of units shown in the table above. The charge per unit is $2,096.32. Over the life of the reimbursement district, the total charge to'-any tax lot shall not exceed the number of units shown in the table above. Adak T , MeL ksy rr\ v7 ~l , : ee C'., V CITY OF TIGARD Washington County, Oregon AMk NOTICE OF FINAL ORDER - BY HEARINGS OFFICER 1. Concerning Case Number(s): SUB 93-0007 2. Name of Owners% GrasCO investments and Raymond a Phyllis Fans Name of Applicant: Craig Petrie 3. Address 18262 SW Bryant Road City Lake Oswego State OR Zip 97035 4. Address of Property: 13400 SW 76th Avenue, the northwest corner of SW 74th Avenue and Cherry Drive and two lots in between. Tax Map and Lot No(s).: 2S1 iDC, tax lots 3300,-3400, 3600, and 3601 5. Requast: The applicant recraects Subdivision preliminary plat approval to divide a 3.2 acre site into 11 lots ranging in size from 10,027 to 18,528 square feet. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.48, 18.88, 18.92, 18.102, 18.108, 18.150, 18.160, and 18.164; Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3. Zone: R-3.5 (Residental, 3.5 units/acre) The R-3.5 zone allows single-family detached residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses. 6. Action: Approval as requested X Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Hall, and mailed to: X The applicant and owner(s) X Owners of record within the required distance X The affected Neighborhood Planning Organizations X Affected governmental agencies e. ina 7`y""4,.4.. TIM DECISION SMALL BE FIND* ON May 26 19_9_ _3 UNLESS AN~APPEAL IS FILED. The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(B) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee ($315.00) and transcript costs (varies up to a maximum of $500.00). The deadline for filing of an appeal is 3:30 p.m. May 26, 1993 10. Ouestiona: If you have any questions, please call the City of Tigard Planning Department, 639-4171. ai m 3 sw. tea` ~ Asr. N VARPIS ST W. 1 TECH CENTER DRIVE m 1 1 1111 E M V DATE: March 28, 1994 TO: Craig Petrie, Lance Landis - FROM: Harris Hyman PE/PLS } RE: Excess charges on Pacific Ridgle Project, We have analyzed some of the excess cost items, and detailed them. Please feel free to call me for clarification on any, item. 74th AVENUE , On November 22, 2' of rock was laid on a proof-rolled base for 74th Avenue. In this condition the street was used to convey machinery during the next two weeks. We consider this a poor construction practice. Instead, the base rock should have been completely placed before there was traffic. While there may have been other circumstances,. the immediate use of the street precludes any evaluation. Therefore, we must conclude that all additional costs were caused by Empire Pacific's work and planning. 75th COURT On November 13, the subgrade was proof-rolled and then the base rock was graded in and compacted. Then it rained, and the street was no longer suitable, as shown by subsequent proof-rolling for curbs. Empire Pacific then dug up and replaced base rock as needed to achieve suitable proof-rolling. Had LDC been consulted on this, we would nave recommended removing approximately 196 square yards of base rock at the hammerhead, overexcavating the subgrade by 40, laying fabric on the base, and then replacing sufficient rock for the base plus overexcavation, T 1he cost of this should have been: Removal of contaminated base 1 hr @ $150.00 = $150.00 Overexcavation of subgrade 65 CY @ $4.15 = $269.75 Laying of fabric 587 SY @ $1.00 = $587.00 ' Replacement of base 98 CY 9 $19.66 = $1,926.68 $2,933.43 This amount should be borne by Petrie; any additional costs should be borne by Empire Pacific. 2°,''. S.E. WASHINGTON gTRFFT, HILLSSORO. OREGON 97123 PHONE: (503) 648-4061 FAX: (503) 651-7645 LCvGL- Uf iL-- ~.U~rv IC. iru ✓v✓-.~..- v i"I~+~ ~LeJy dV JV IYV 10 r V.} J RETAINING WALL The top of the retaining wall around the tree was raised 18" to match grade at the base of the tree. This cost should be absorbed by Petrie. The additional concrete was 1.27 cubic yards, We will approve change order for approximately 1.27 CY Q 5250 = $317.50. ENGINEERING Hours expended by Land Development Consultants in dealing with the above items. Eric 1.5hr @ $45.00 = $67.50 Hassan 0.5hr @ $50.00 = $25.00 Harris 1.5hr @ $70.00 = $105.00 , Survey 11.5hr Q $90.00 = $1,035.00 $1,232.50 These costs were brought about by Empire Pacific's work and planning. ry,: LOG.14&9.239$ THE FOLLOWING DOCUMENTS ARE OF BOOR ORIGINAI, QUALITY I t JUN 22 '93 10:50 FOOD SERVI.C: P'ORTLND A OF, •8, 1993 CITY o • , ORE, c Dear. Owner:. : s The. proposed- subdivision deveZdpinent 6f lots between .S•..7•. Fir. ' Street and Cherry Drive, •as-.shown on:the att'ached' map, `will require ihe:: eaten- ca. •of a. 'public-- sanitary--sewer` rior h Avenue* and. along Cherry- Drive : V a-. sewer -chill. be. instille' d . paid-far-by tlse developer a the l' Several people :~iave :r expressed interest in 'continuing the. -sewer :along S .M.. 74th A'v'enue • , . and: Cherry: Drive.. to serve additional houses•'indluding.yours!..' ' 'Fxtending 'this.: sewer. 'might cost, each homeowner about: $5, 000 to 000 each. : -if- .here- -is. -sufficient interest, a more :detailed ' : :estimate- couTd'be 'pr'epared:. ; .Additional' expenses would nckude :,a < I connection: fee`of• -$2.,:135:for houses'.c..nstructed after July- 1.;!:1970; : i and: $ 35 for 'mouses:.construc.tea: 'earIler. Isk addition, each; _owiaer :.:Viould have to abandon their existing--:septic system-and donned _o tilie'publie;.line at_an expense. ofperhaps as much as $2,•00.0. - `xv - •~75'i•sa~'7~d'~»cY7,re.rr.re - ,~.:-aar..p. (.::~m . t.+r.-.a,'~.-,~.e.... - = r5tti~ u!j ".eo.r-~ ( . ~ .+.+gs:~•~ti..~q~yy.+e•~+-}..:.oei--- ii, t. v - fc _ •-aw-•:. .+.•.y -s.~<,r i w r' 3. Xf you have, any; interest in pursuing this, please not fy me mJune , 1993 -,there _-.'s- .sufficient --interest, t-,l -will --suc~gest;-ff, we - . schedule aYl evening..'--.'s- ::ta-• more, '.fuily .'explain :the `cost,' :r > T jPrgcedures, ' an ©ptions.;: _In the: meantime, > if you have gpestio:~s or require additional ~.nfozmation,lease 'call. bincere'l ` • Gre N. -Bedrrr i ~ Utilities .Engineer . I of%GSechezrytllLiDr.iez _ c : Randy Wooley, City: Engineer i : •13125 SW Hail Bf d., Tlgprd, ~R 97223 (503).639-4171 -TGD.(503) 684-277.2 JARNS# 1 t 773o o ~ ~ ~ u ~ , 13235. v~J 13$33 38:00• 8~ f 13 Z.; V DG4 • a I•u+ ioiw. ,t33~7 1 i j P• 8:.67 13341 1 x1a ' Ms ` 13455 74 W w.. , ~ ' • V • ' ~ , 13515 : t It • 7550' ~.o.. d.v,..~ -r.~; • ~ 4! rq ~•i 1.1 ~ J w f °A t i• "'°C;'•t. •'i' .Y~~477 J/. . •j, y"•:%•8~/Yr d .t. Y. t`~•r .r ~'{ri~ pay.: 1~ to .00, :;I a}' C 1 ® 0g ( 161$: . ••4,.; ~ av . A ~ as ~ ' . " a ass. i Wo 13725 13'775 p~ pn et PETITION FEB. 3, 1994 WE, THE UNDERSIGNED PROPERTY OWNERS, HAVE CONTRIBUTED OVER-THE YEARS, LAND,MONEY AND OTHER GOOD VALUABLE CONSIDERATIONS' TO THE AREA WHERE THE SEWER REIMBURSEMENT DISTRICT IS PROPOSED. THE DOLLAR VALUE OF THE CONTRIISU- TIONS IS FAR MORE THAN WHAT THE DEVELOPER HAS INVESTED IN HIS SEWER LINE. WE, THEREFORE, REQUEST OF THE TIGARD CITY COUNCIL THAT THEY REJECT THE r FORMATION OF THE PROPOSED PACIFIC RIDGE SEWER RE-IMBURSEMENT DISTRICT. NAME ADDRESS ® LOT J ~s~ S.W. 300 AZX;Z~ Z 1 3 ),5- CU 72- C" ! aI r Aft t JUN 07 '94 13:20 503 228 4529 P.1 M'ok S'tl - /-a Empire: Pacific Construction Inc. P.O. Box 65,. West Linn, OR 97068 503.657-02GO FAX 503-657-0304 November 1, 1993 Craig Petrie The Petrie Company of Oregon 9600 SW Capitol Hvvy., Suite 200 Portland, OR 97219 Re: Pacific Ridge Subdivision To Whom It May Concern: - - - As the General Contractor for Pacific Ridge Subdivision, Empire Pacific 4 Construction. Inc. is responsible for all underground utilities. As part of the utilities Empire Pacific has installed the sanitary sewer at a total cost of $42,684.00. If you have any additional questions regarding this matter please feel free. to contac..,me. at, 657-0260. rils, Best Re ;h~dis L4 ice _L President Alm r I MEMORANDUM CITY OF TIGARD TO: Pat Reilly, City Administrator May 13, 1994 FROM: Randall R. Wooley, City Engineer'JG.G~•~r SUBJECT : CJ Sanitary Sewer Reimbursement District No. 5 Subseuuent to the formation of the reimbursement district in March, the applicant has filed additional information documenting costs of constructing the sewer line. Additional documentation was received on March 28, April 12, and May 6, 1994. The additional documentation reveals errors in the original calculation of costs. First, the construction costs included $1,446.10 of costs related to construction of sewer laterals. The laterals serve only the property of the applicant and the cost of laterals should not be charged to the district. Second, the total construction cost is greater than originally reported by $1,089.48. Finally, when the revised cast for sewer construction and total construction are used, the sewer becomes 24.9% of the total cost (rather than 26% as previously used) . Using the revised percentage reduces the share of engineering and permit costs charged to the// district. 51 Based on these revised figures, the total cost of the sewer mains. is determined to be $44,389.15 as follows: Construction cost of sewer main $37,987.90 Engineering (24.9% of $19,000) 4,730.25 Permit fees (24.9% of $6,711.90) 1,671.00 Total n $44,389.15 I recommend that the reimbursement district be revised this revised calculation. The resulting unit cost is which is $78.64 less than the previous calculation. table of charges (Exhibit D-1) has been prepared. rw/petriel3 to reflect $2,017 .68 A revised/,.V otl . //IV' P6/03/1994 14:40 **~k* PANAFAX OF-400 Mix x: 02505396 P.01 PREPARED BY: KIMBERLY DATE : 06/03/94 1 06/03/1914 14:40 PANAFAX OF-400 02505396 P.02 M E T R O S CA N P R O P E R 7f' Y P R O F I L E_ Washington County dwwi#r 41k t4141k tk ~rw**********it*~v ft 5ttir t4'de 7k tk t4***#i, 1t 11'f7 dc'k tk 541Tt*►r sY lM tk Yr tY tk tk**'~'*aY td 94'k$t tlt tM sqr tk t?tk*95'fk 11'**t4 ANIL ' ~CC~cccQCxcs=s=sue== 7Y . :OWNERSHIP INFORMATION * Reference Parcel ##:2S101DC 03400 * Parcel Number- :R0459729 * Owner :PETRIE CO OF OREGON THE * CoOwne r * Site Address :*NO SITE ADDRESS* * Mail Address .2554 NW 185TH AVE ##3 PORTLAND OR. 97229 * Telephone 1t =c~c=a===a-r..:c000CCCckmcaa * * SAIbES AND LOAN INFORMATION * * * Transferred:10/01/93 Loan Amount: * Document :81;036 Lender Sale Price :$29,000 Loan Type * Deed Type :WARRAN-'Y * ASSE$SMENT AND TAX INFORMATION * * * Land $4,000 Exempt Amount: Structure: Exempt Type Other Levy Code :02381 * Total :$4,000 93-94 Taxed :x$80.78 * Improved: * PROPERTY DESCRIPTION * ~ 19' * Map Grid: * Census :Tract Block * MillRate:20.1980 * Sub/Plat: * Land Use:1002'VACANT,RESIDENTIAL * Legal :ACRES .90 * * * PROPERTY CHARACTERISTICS * Bedrooms Lot Acres :.90 Year Built: * Lot SgFt :39,204 Bldg SgFt The In:fq mation Provided Is Deemed Reliable, But Is Not Guaranteed. , 02505396 P.03 MUM'. m WARp.Ar=1rY DEED GRASCO 114M `MENT3, au Oran pari"enhIP c0ullst tsg Of pram! 'L WtllrtsW "a Loss t e A. Wgmor, as cautor, hereby conveys and warrants to THE PETRM CO. OF OREGON, an Areliott conmratioa, as Grantee, the real property free of all ent trances, do- scribed a6: Begbadag as ft $E comet of the W.W.Onftm DLC in S t, T2S. RI W, W.K. in the City of 75 9, Wxblugbm Comity. Ott: tt Nb'30m along the Eau tine of said CMahm DLC 811.70 fed; thwoo N89'24W 330" to the trot point of beginning, this point wing in tM West litre eta County Road; them N0'3011 atond th• West lime of said & mty Road. 132.0 feet; dmoe N89-24v 294.67 feet; thenoe SI'25v 132.02 feet; ftn:a S49'241E 296.78 ftet to 0a bw point of beginning. Also &nowm as Tract 10 of the unrecordo d plat of Pelson Tam. -ITM IINSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN nflS INSTRUMENT IN VIOLATION OF APPT,ICABLE LAND. USE LAWS AND REc;uLATiONS. BEFORE SIGNINO OR AC- CHECK WITH TAM AP RO RIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY AP-SHOULD PROVED uStSS? The true aad actual consideration for this conveyance is $29,000. 06/03/1994 14:41 PANAFAX OF-400 DATED: } ? 1993. f;RAGCO MT-STMENT3, an Oregon partnership: Paul R. Wamer, General Partner. by: .L. .ore A. Wiamer, General Partner STATE OF OR,EGOM Washington County), ss . The foregoing instrument was acknowledged before the on h a P -1993 by Paul R. Warner and Lenore A. Warner, both as General Partners of Grasco Investments, an Ore- gon partnership. JUDI'fll NOTARY Pk.y: Hd.rON CAMMiga,p;tnd v'ii:?4 [My COMMISSION Mints MARCH?. test No ry Public for Oregon my commission expires: •S- `3 ; AFTER RECORDING RETURN TO:) aa~t;;:mo=oro MUHTY ALL TAX STATEMENTS TO: FrIORCRrr . r R MY 0 CDC. `r.:.. Fht Ae rkan 71119 Ins} rsrm company r►:s Pate tzaTe 2554 N.. !86*:t Ave.,,Sults 3 ' 06/03/1994 14 41 PANAFAX OF-400 . . 02505396 P.04 I STATE OF OREGON County of %%&Wn®ton SS and T ISr x motor of Assessment v~mrrCma Courtly, dn. rder of Con- t~hawtp~tt~vhye } p umerN 'rag . y va ` was aM0 O said _:.Y d tceln 1 Or Of 'Y Ex- Doc : 93081036 Rect: 109033 67,00 1 10/01/1493 10:48354A[i i i ^y 06/03/1994 14:42 PANAFAX OF-400 02505396 P.05 M E T R O S C A N P R O P E R T Y P R 0 F I L E Q Washington County -.aa~v~,-„mccccaesC==°k=-- tF OWNERSHIP INFORMATION * * Reference Parcel ##:2S101DC 03600 * Parcel Number :80459765 * Owner :PETRIE CO OF OREGON * CoOwner * Site Address .:*NO SITE ADDRESS* * Mail Address ;9600 SW CAPITOL HWY #200 PORTLAND OR 97219 Telephone ,r * SALES AND LOAN INFORMATION * * * Transferred;11/12/93 Loan Amount: * * Document # :93918 MULTI-PARCEL Lender * Sale Price :$10,350 Loan Type :SELLER * Deed. Type : WARRPXTY * * * * ASSESSMENT AND TAX INFORMATION * ...~~c~cs====-ea=o~v=camas====_= tk * Land :$5,200 Exempt Amount: * * Structure: Exempt Type * Other Levy Code :02381 * Total :$5,200 93-94 Taxes :$105.02 timproved; * * * PROPERTY DESCRIPTION * Map Grid: * * Census :Tract Block * MillRate:20.1980 * Sub/Plat: Land Use:1002 VACANT,RESIDENTIAL * Legal :ACRES 1.02 * * ~a===~pevcccn===~~~~ ~ccs * d• PROPERTY CHARACTERISTICS * Bedrooms * Lot Acres :1.02 Year Built; * Lot SgFt :44,431 Bldg SgFt The Information Provided Is Deemed Reliable, But Is Not Guaranteed.. 06/03/1994 14:43 >k PANAFAX OF-400 02505396 P.07 • ° • Osier No. '128M EMOIT •A' 01 the 804heag Corner of the W.W. 01111fnttm Donation Land Claim In Section 1. Township 2 SMAN R&O 1 wit of ow wfoamstte Meddler. in the city of now, County of washbrpton to State a Or"M "not North 0190' East e101`10 the LTast tkfe of ink) Graham Donation Land Minn 079.70 feet; them 09424' Welt 580.0 fee: to the true polht of beginning, V ft point being in the WOM Iin* M a Y Raalf: thartce Ncrth 0'50' seat along the West one of saki County Road, 132-0 test; thence North 311.24' Weed 208.78 fast; thomo Souilt 1495'W69139,02 foot; thence Sotto 90124' 299.89 foes to the true pollen of beginning, MtE7:TTHER!€FFtOM that p1r110n in sw ChWj Street. ALSO L (0FJ" iNO THEREFROM a vaot Of Ianti I" the Southwest quarter of Section t, Tow AMP 2 South. Range 1 Was}t d 1118 Willamette Mortdlan, in the City of Tlprd, County of Washington anti ante of Ors"M morn pmrtiotAatly di acribed as t08ows: 80*a trtg at, the Sotattoast comer of Lc: 44. ROWN13 HILLS • FLAT 2: ihime EvAerty Wong the North fine of Sw Cho" Stfest. 1117.5 fM to the true POW of boglnning; thence North 0430' Fast 122 fast to a pow on the $ line. of that tract described In deed to Pact R. Warder, et rat, In Bock 20, page 3oS, said County e Recorder them North W24' Wert alWg the South line of cald Warmer tract 125 te0t to a point; ttwrt Sottot 09~~~• t: o ao!V oft the North line of sold Cherry Street, thprwo Fccterly along saki cttk lime 125 teat to the thts point of beVnning. N.- 111!iA 1II That part of the William W. Graham and wife Donation Land Claim No. 39. In Townshlo 2 South, Range 1 West of the Willamette Meridian. In the City of Tkoird, Lowy of WaabIngton and State of Oregon, described as followo. Wwlt: sys4 r Commenclnb at a stake on a South line of Bald Donatlpn Land Claim. 10.0 chains West of th st Easterly Southeast rnar of said Donation Land Claim; thenoa North 20 chains to a stake; thane 1~~to chains: thence South 20 chains: thence East 10 chains to ft place of beginning. EXCEPTING THEREFROM right of way of Beaverton and Williamsburg Railroad Company and of Oregon Electric RaMay Company. ALSO EXCEPTING THEREFROM any portion lying YAWn ROLLING HILLS - PLAT 2 in the City of Tigard. County of Wtathingtonjand State at Oregon. AND ALSO' EXCEPTING THEREFROM a pttroel 01 IW In the South hall of Section 1. Ttrwnahlp 2 South, Range 1 Wast of the Willamette Meridian. In the City of Tigard, County of Washington and Stets of Oregon, being rnont padlcu!ariy described as follows: Beginning at the South one-quarter comer of said Section 1: thanco North 0.05' West 399.82 feet to a point of inters9c0on with the South line of the W.W. Graham Donation Land Claim No. 39; thenco, North 0159'50' East 24.02 feet to a point; thence North 0a•42'30° Fast parallel with the said Donation Land Clalm, South Tins. 291.84 feet to a point; thence North 0089'60' Ear t 451.27 feat to a point on the Sot_rth line of ROLLING HILLS - 2 West along the said subdivision South line 720.42 feet to an angle oorrter in said subdivision South one; thence North 41455'40' Wag coMlnuing along said South line 245.19 feet to a point; thence South V 14'20° East 502.01 feet to a point of intersection with the Northotabterly right of way line of the Southom Pacific Rallfoed; thence South 42900' East along the said tight of way line, 777.05 test to a point of Intersection with the South line of Bald Section 1; thence North W39' East along the said Section fine. 113.81 foot io the point of beginning. AND FURTHER EXCEPTING THEREFROM a portion of that tmot of land in the William V. 43rwnrn and v#o Donation Lgnd Claim No. 39, In Section 1, Township 2 South. Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State bf Oregon, coweyed to Raymond B. Ems, at UN, by deed recorded December 2,1052 In Book 339, pugs 324, Washington County, Oregon Dead Records; more paKtcularly desefted as fellows: r Beginning at a slake on the Southeast corn wof Lot 49, ROLLING HILLS • PLAT 2; thence Northerly along the East line of said Lot 49. a distance of 150 teat to the South line of SW Fir Street; thartoe Eastsilyr along the South Me of SW Fir. Street, a distance of 50 fast to the East line of SW 78th Avenue, thence Northerly along the Suet line of SW 78th Avenue, a distance of 28 foot to the North line of Parcel 1 In the eforomentlotreci lams tact; thence North WSW East along this North line of said Eras tract a dlotanoe of 162.38 fleet to a marked stone at the Northeast comer of said Ems tract; thence South 2'01' West atone the East line of said Ems tract a distance of 176 foot; thence Westerly a distance of 210.0 fttet, mom or neat. to the point of beglnning. PAag% d t Lou 45. ROLLING HILLS • PLAT 2, in the Coy 0170114 Courtly It Washington and State or EXCEPTING THEREFROM the South 14B 31'lm 10 testa, AOLUNQ HILLS • PLAT 2. 06/03/1994 14:42 PRNAFAX OF-400 02305396 P.06 Tt S " JMS INSTRUMNT WJ~ L NOT ALLOW USE OF THE PROPERTY DESCRIBIII) JAI THIS INSTRUMl;NTi IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SICINING OIL AC- CEP'i'dAi0 THIS INSTRUA. NT. THE PERSON ACQUIRING PEE TITLE TO TIM PROPERTY SHOULD CHECK WITH THE APPROPRIATE cm op. COUNTY PLANNING DRPARTmNT To vBRFpy PROVED USES." /0~ Ttie tttw and tatsttal W0iditt10a ft this WnveYaned is *tftW- AU terms end conditions of do pricy ewmu mMY agtt Ment bOWCOn the Parties dstod 1218 & 12/9/92 are by this reference incladed VW Wmp=W hert- in. NMwitWANIIng the Wtitents of the amw end closing kpbuctions a oMpanying this de4 a cam, detiv- 07 Ed seceptece of this deed shall not be a waiver or release ofeither party by the other oteny rigW. claims or den=& arising out of said!eamest money agreement. DATED: 1993. YI40ND EMS f LL1t Z S.:mS ST 4TE OF OREGON. Washington Covinty sc The foregoing;instrument was acknowledged before me on 1993 by Raymond H. Ems & Phyllis G.'Pms. OFFICE 6 6f:A~ i I \ " 7vw,v, ,I - -ff - aott t$SIONExPiRtsMARCH7 Nota„r; Public for Oregon cau~~S ELUA p 7 4 1pQ MY commission expires. ,7 . AF FER RECORDING RETURN TO:) ALL TAX STATEMENTS TO: ) The Petrie Co. of Oregon 9600 SW Capitol Hwy., suite 200 Portland, OR 97219 " e 06/'031994 14:44 *>k~~k PANAFAX L'F-400 *~*M y 02505? P.03 i~ i is 4 i. i • t t d .yy 9TAYE Vi' ®llGtivy.q . 9d7 co"W of .riM th ftton and R Fief °k an y arKi xkltfCnR of of Q7Pt• fthe Of :9 of r~s, Caunty S.'1mrK' DOC 93093910 RaC`z: 111541 23.00 DoC, 93081037 7 ate 109033 11/12/1993 10;52: '.SAM 43.00 1Q 01/1993 10:48:57AH 60'd ~d101 bj q a~ - ~ ~ c4 ~ a AdA ■ p4~b.- w w• i'3°•. 1,1+9 • w .1N MW . « tti . D' i yMr 1 i i ■ C U .i w N VD : #Q =4 d 006 IL - er .s !oJ .•T. A -I- Rw All p C 1; 11) 0 ~g r Ma r 8 w - Sw ~a~T I w d ~ ~ "Vie 60'd c' `S0SZ0 ~K>K>k>k 00b-.jn xw-juNjd ~X>Kk~k bb:bti b66T/20/90 06 0 7 17-41=14 14 4.:Y..{ i. PA 1HFkX OF-400 k k.t. K 0250T396 R.01 Transamerica it c Insurance Company 12360 East Rumvide K Boa 16016 Portland. OR 97216 Tcicphene 303 246.1160 Pax 303 256.3434 JEFFREY L. KLEINMAN / Night Recotdor 503 236.1163 ATTORNEY FAX 228-4529 RE: 2S101DC T.L. 3601 *3300 RECEIVED JUN' - 71994 j,B]F~RBY I:. KI.BINMgN A PROPERTY PROFULE ENCLOSED: ME TROSCAN AND DZED PREPARED BY: KXMBERLY DATE: 06/07/44 This title information has been furnished, without charge, in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds; indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. PAtAFiq OF-.300 *4,*k 02- 53:!G P.~c TRANSAYIERICA 'TITLE INSURANCE COMPANY 12360 East Burnside Portland, OR 97216 Telephone: 503 256-1160 = M E T R O S C A N P R 0 P'E R T Y P R O F I L E= Washington County **####**###*#***###*Xt4****Ir*#####*Skd#*Ai1tt##~fk***###f ~r#kirk*$#hic#Yrs1~c#+a#lt#**i*#*~r# * =ar=c=n_=cc~==s=~=ova . # # OWNERSHIP INF RMATION * * Ref. Parcel #:2S101DC 3601 # Parcel No. :R045977 TRSQ:02S-01W-01-SE SW Owner :EMS RAYMOND B PHYLLIS G # CoOwner Site Address:13400 SW 76TH AVE TIGARD 97223 * Mail Address:13400 SW 76TH AVE TIGARD OR 97223 Telephone :503-•639-1258 * SALES AND LOAN INFORMATION # * Tranaterred: Loan Amount * Document # Lender * * Sale Price Loan Type # Deed Type Interest Rate: * Owned Vesting Type ,g claws==.== ==sa=====r-==1e=e^== # ASSESSMENT AND TAX INFOfMATION # # Land :$45,500 Exempt Amount: * Structure:$129,330 Exempt: Type * Other % Improved :74 * Total :$174,830 Levy Code :02381 f 93-94 Taxes :$3,531.23 7T _ p°====r=====n-.==ssC= d PROPERTY DESCRIPTION =_-C- * Map Grid:655 05 Class Code: * Census :Tract 307.00 Block 2 * NbrhdCd :DMTG MillRate :20.1980 * Sub/Plat: * Land Use:1012 RES,IMPROVED # * Legal :.82AC * * * * * # PROPERTY CHARACTERISTICS * Bedrooms :4 _==========a===M==_= # * Bathrooms :4.00 Lot Acres : Year Built :1968 * Heat Metzod:HOT WATER Lot SgFt EffYearSlt :1968 * Pool ' BamFin SF : Floor Cover:CARPET * Appliance BamUnfi.nSF:700 Foundation :CONCRETE FTG Dishwasher :YES Bldg SgFt :2,700 Roof Shape :GABLE Hood Pan :YES Porch SgFt: Roof Matt :WD SHAKE * Deck Attic SgFtr: InteriorMat:DRYWALL * Garage Type:UNIMPROV Deck SgFt : Paving Matl:C'ONCRETE * Garage SP :960 Ext Pinish:HORIZONTAL WConst Type :WD STUD\SHTG ***###**####***###*####*##u4fc#*•k#***#dt#*#ie#•vt#1t4t'~+4**#4#*#*#tthir##it**#*4tYt**4r#**!t#*# .The Inforj►apion Provided Is Deemed Reliable, But Is Not Guaranteed. bb: U •'i'?9-1 1.1:.:; t_t+* PHHAFMv: OF-400 t -*t, `-•k~~•_'~b P.0-1 TRANSAMERICA TITLE INSURANCE COMPANY 12360 East Burnside Portland, OR 97216 Telephone: 503 256-x.160 s M E T R O S C A N P R O P E R T Y P R O F I L E- Washington County 2***tt***A**t***'IY*t****t~*****t****tt***+ktt***t+!•**t****t****t*****t***tt*4*t * OWNERSHIP INFORM TION * Ref. Parcel #:2S101DC 0330 Parcel No. :8045970 TRSQ:02S-01W-0I-SE SW * Owner :PETRIE OF OREGON * CoOwner * * Site Address:*NO SITE ADDRESS* t * Mail Address:9600 SW CAPITOL HWY #200 PORTLAND 0 * Telephone * * SALES AND LOAN INFORMATION * Loan Amount Transferxed:11/12/93 * Document # :93918 MULTI-P Lender Sale Price :$10,350 Loan Type :SELLER * Deed Type :WARRANTY Interest Rate: Owned :100 Cresting Type :CORPORATION * ASSESSMENT AND TAX INFORMATION ff"M Land $4,000 Exempt Amount: * Structure: Exempt Type Other Improved Total :$4,000 Levy Code :02381 93-94 Taxes :$80.78 ~ * PROPERTY DESCRIPTION * Map Grid: Claec Code: * Census :Tract Block * NbrhdCd :DMTG MillRats :20.1980 * Sub/Plat: * * Land Use:1002 VACANT,RI'SIDENTIAL t * Legal :.49AC * t t _ t * PROPERTY CHARACTERISTICS * Bedrooms =®oo==n=ar_==.va~~o=-,cv=- # * Bathrooms Lot Acres : Year Built * Heat Method: Lot SgFt EffYearBIt * pool BsmFin SF : Floor Cover: * Appliance BsmUnf inSF : Four:dat ion * Dishwasher Bldg SgFt : Roof Shape Hood Fan Porch SgFt: Roof Matl * Deck Attic SgFt: InterioLMat: * Garage Type: Deck SgFt : Paving Matl: * Garage SF Ext Finish: Const Type t** t**+.*t***,r*t*t**t*t*****tt*et*a+t************t*t**•h***tt**tt********tt******e*t The Information Provided Is Deemed Reliable, But Is Not Guaranteed., • ~ 7 1 ~k 11 6.4 4 1216/07>'1994 14: 2-4 + r t.t. PANAFH:,: uF--400 ~ , , ~~~1 ~~g~• P. 015 order No. 728946 emio T 'A' Beginning at the southeast comer of the W.W. Graham Dwwan Land Clalm In Section 1. Township 2 South. Range 1 Want of the NNiamette MsAdtan, in the City of Tigard. County c4 Waahtnglon and !hate of Oregon: thence North 0.30' East along the tab? fine N said Graham Dom ion tend Claim 679.70 filet; theme North 68'24' Want 330.0 fast to the we point of begtrininp, this poem being In the West line of a County Road: thence North 0'30, Last Wong the West tine of said County Rcsd. 132.0 feet; thence North eV 89.24' Wen 2rl9.78 foot; ther40 South 1.26' VIlast 132.02 feel; th3nco Soon 69'24' Pest 228.82 feet to the ao true point of baginrtkp. ExCEN11NG THEREFROM that portion In SW Cherry Street, ALSO @XCEMNO THEREFROM a tract of land In the Southw04l quanCr of Section 1, Township 2 South, Range t wag of the Willamette Meridian, In the City of Tigard, Ownty of Washington and State of Oregon, more partictdatly described as follows: Bagtnntng at the toutheast corner o1 tar Y-4, ROLLING HILLS . PLAT 2; thence F,astorly along the North line of SW Cherry Street, 167,6 feet to the true point of beginning; thence North wwr East 122 feet to a point on the South Hna of that tract described In deed to Paul R. Wamer, of tax, in Book 263, page 305, said County Deed Records; thence NcMh 89.24' West along tho South fine of said Warner tract 1'25 foot to a point; thence South 0°36' Wert 122 last to a point on the North line of sold Cherry Street; thence Easterly along saki North lino 126 foot to the true point of beginning. £ARCEL tl That pan of the William W. Graham and wife Donation Land Clam No. 39, In Trr vnshlp 2 South. Range i West of tho Wiltamono Merldlan, In the City of Tigard, County of Washington and State of Oregon, described as follows, to-wit: Commencing at a stake on a South line of said Donation Land Claim, 10.0 chains West of ihti most Easterly Southeast corner of said Donation LBn I Claim: thence North 20 chains to a stake: thence SSAI tO chains: thence South 20 chains; thence East 10 Chains to the place of Oglnning. EXCEPTING THEREFROM right of way of Beaverton and Williamsburg Railroad Company and of Oregon Electric Railway Company. ALSO EXCEPTING THEREFROM any portion tying within ROLLING HILLS • PLAT 2 in the City of Tigard, County of Washingtorgand State of Oregon. AND ALSO EXCEPTING THEREFROM a parcel of fend In the South half of Section 1, Township 2 South Range I West of the Willamette Morldlan, In the City of Tigard, Ctounty of Washington and State of Oregon, being more partletdarhy described as follows: Beginning at the South one•quaner corner of said Section f; thanco North 0.05' west 398.82 feet to a point of Intersection with the South fine of the W.W. Graham Donation Land Claim No. 39; thence Nonh 0.59'50' East 24.02 fast to a point; thence North 88.42'30' East parallel with the said Dori Iron Land Claim, South ];no. 291.84 foot to a point; thence North 0'69'60' East 451.27 feet to a petit on 111.0 South line of ROLLING HILLS • 2 West along the said subdivision South line 780.42 fast 110 an angle Corner to said subdivision South lino; thence North 41'SS'40' West continuing along said South line 243.18 feet to a point: inonce South 1.14'20' East 502.01 feet to a point of intersection with the Northeasterly right of way line of the Southern Pacific Railroad; thence South 42.00' East along thu said right of way line. 777.08 foot to a point of Intersection with the South fine of said Section 1; thence No" 89.30' East along the Bald Section ;Ins, 113.61 foot to the point of boginning, AND FURTHER EXCEPTING THEREFROM a portion of that tract of land In the William V. Granem and wife Donation "nd Claim No. 39. In Section 1, Townshty 2 South. Range t West of the Willamette Me idi n I r a n the City of Tigard. County of Washington and State of Oregon. cone ed to Raymond 8 deed recorded Vocomber 2, 19S2 in Book 339, ®e 324 y D B. Emit, of ux,, , washlnSton County Oregon n Decd Rec rd :.t,• i re , o s, more particularly daserlbod as 64ows: 8021nning at a stake on the Southeast comer of Lot 49, ROLLING HILLS • PLAT 2; thence Northerly along the East [Ina of said Lot 49 a distance of iSO f h , oot to t e South tine of $W Fir Street; thence Easterly along the South line of SW Fit Street, a distance of So feet to the East line of SIN 76th Avenue; thence Northerly along the East line of SW 781h Aven e di E" u , a stance of 25 foot to the North line of Parcel 1 in th_ aforementioned Ems tract; thence North 69'56' East along the North IIAe of said Erne tract it distance of 162.39 feet to a marked stone at the Northeast f id E corner o sa ms tract; thence South 2.011' West along the East lino of sold Ems tract a distance of 176 foot; thence Westerly a distance of 210 8 feel m l . , ore or ess, to the point of beginning j AR L l Lot 45, ROLLING HILLS • PLAT 2, in the Cry of Tigard, County of Washington arts State of Oregon. EXCEPTING THEREFROM Me South 140.37 foot to LOUS, ROLLING HILLS • PLAT 2. I :r,F;A OF-400 t. t. t, t MINNOMMEM t]~~.k~~ 6 F.ID6 ti4AtT@ OF OREOON ~ tss ' s EOF ORFQON Mc6bington minty or t JorrYR. of Anest"nt ~~y of wtjsmfnOton se arq ax6i n qty V6Y6r>Ce■ C I. ,terry t;1ta of and TnxAtron arKl £X th®t th6 ) no wes of racoNed vovances fas said cC4tt!/;'Qp ~t the vftln tr,6?uj,, t Of con. o y • e I of s&td Coa Jty~ tad In or Ex- jedry Wd Ex- yc Couz;y ~yCout%" Dot 93093918 Rect: 111541 23•.00 Doc 93081037 11/12/1991 10:52:25AN Re : 109033 1 01/1993 53.00 10:48:57AM . • ,TUN-03-1994 14:.:8 FROM UN I F I ED SEWEPAGE u TO UNIFIED SEWERAGE AGENCY 9-228-4529 P.01 Date Rile HILLSBI @ 0 (;6i4 97124 Project (543) 648-6.621 Subject .To Y- ZZ~- ~s'29 47 JUN - 3 1994 JEFFREY L. KLEINMAN ATTORNEY. AT. LAW 2 0 Item Copies Date _ Description T 19 as you requested 13 for your information tEl for your approval ~-..i for your review return_ requested From s Q ~-v J a. OOVQ PC or Q~- o 9i-YS 4,4fr2ll .5 q2-3 ;Q W"A"N SURCy rt.GE 57 Sttv Wi2l;> 9Z-3c¢ 2~v Remarks k9-0 9Br OAI 3?&- 11192- , dV&,s - GI. iau 6-D 92-W . . 81-419 JUH-~33-1594 1-3 31 FFOM UH I F I ED SEIdEkHGE TO 9 t X45 -9 P.01 1 2 3 4 Pi 6 7 a 9 10 11 4012. 13 1.4 15 } 16 v Uw 17 c~ is W 19 W o W q20 (n o 'Lo.~21 li -12 Z- 3 22 0 w 23 24 a 2S z 26 W Page RATES AND CHARGES R&O 91-48 (6-25-91) IN THE UNIFIED SEWERAGE AGENCY, OF WASHINGTON COUNTY, OREGON In the Matter of Adopting a Revised) Schedule of Charges, Rates and Fees) Relating to the Sanitary and Storm j and 'Surface Water Management ) Systems and Related Services of the) Agency; Adopting Administrative, ) Provisions Applicable to all Fees; ) Providing for Interest. and ) Delinquency Charges; Superseding ) Portions of Resolution and order ) 91-12; Pursuant to Ordinances 22 ) and 25; and Declaring an Effective ) Date. RESOLUTION AND ORDER NO. The above-entitled matter came on regularly before the Board at its meeting of June 25, 1991 having been continued from the meeting of June 18, 1991; and , It appearing to the Board that it did adopt Ordinances 22 and 25 A-Engrossed, on May 28 and June 11, respectively, which authorize adoption of certain charges, rates, fees, and penalties for the use of the Agency systems, and for services provided by the Agency; and that certain of the existing USA charges contained in Resolution and order No. 91-12 are now in need of amendment; and It appearing to the Board that the proposed charges, rates fees, interest, penalties, and administrative provisions, including amendments, are contained in Exhibit "1" attached hereto and by this reference incorporated herein and that said amendments carry out the standards and objectives contained in ordinance Nos. 22 and 25 A-Engrossed; and It appearing to the Board that Exhibit "1" also contains a 1 of 3 3°UN-03-1994 14:28 FFOM UNIFIE11 9EWEFHGE TO 9_28~5~9 P•0 r % SECTION 2 RULES, REGULATIONS AND DEFINITION OF RATES AND CHARGES A. Fees in Lieu of Participation in a Local Improvement District The following are fees in lieu of participation its a local improvement district. These fees are applicable to property which makes connection to a sewer system line less than 12 inches in diameter, which was funded in whole or in part by a Local Improvement District, or for which a local fee is established in lieu of formation of a District. The fee is based upon the actual cost or estimated cost of identified local facilities, not part of an Agency Master Plan or Facility Plan. 1. Bull Mountain West Pump Station Connection Fee Bull Mountain blest pump station surcharge connection fees shall be charged in addition to the regular sewer connection charges for those properties benefited by the Bull Mountain Pump Stations, shown in Appendix B. The purpose of the surcharge is to help defray the cost of the construction of two large pump stations. The surcharge shell be applied and collected in the same manner as the regular sewer connection charges. Properties that participate in a local improvement district for the construction of one of the major pump stations, or which otherwise directly contribute funds towards the construction of one of the major pump stations, shall not be charged this surcharge. B. Line Tap Fees Line tap fees shall be charged for installation of a connection of a private lateral or side sewer to the public facilities of the Agency. The amount of these fees reflects the actual cost of installing and inspecting connections from private facilities to public facilities, based upon the average cost to the Agency of performing such work. Line tap fees are not charged when the connection is made as a part of a project for construction of public sewer line under Agency Construction Permit Agreement, in which the taps are shown on approved plans, and are subject to a performance assurance for the work. (See Construction Standards Resolution and order.) These fees are not system development charges. 1. Line Tap Fees a. Sanitary, $950.00 per tap b. Storm, $350.00 per tap C. Service Request Fees The following are fees charged for services requested or required to be performed by the Agency. In each case, the fee is established based upon'the estimated actual cost, as defined in Ordinances 22 and 25, of performing the service or making the service available. 1. Apportionment Processing Fees Apportionment processing fees shall be charged to cover the Rates and Charges---page 5 q(-q v Z w a w MU J w ~BE O v uo W Q ' 'JUt~-O~-1y94 14:219 FPON UNIFIED SEWEPHZE TO 9.:394529 F.177 FILED 92 A 30 AM 9 53 1 IN THE UNIFIED SEWERAGE AGENCYRECOOS DEFARIMENI 2 OF WASHINGTON COUNTY, OREG FIED SEWERAGE AGENCY 3 In the Matter of Adopting a Revised) 4 Schedule of Charges., Rates and Fees) Relating to the Sanitary and Storm } 5 and Surface Water Management ) Systems and Related Services of the) 6 Agency; Adopting Administrative ) Provisions; Providing for Interest } RESOLUTION ARID ORDER 7 and Delinquency Charges; ) Superseding Resolution and Order ) NO. U.SiA 8 Nos 91-48, 91-61, and 91-69; ) Amending Resolution and Order Nos. ) 9 91-42, 91-43 and 91-45 Pursuant to ) ordinances-20, 22, 23 and 25; and 10 Declaring an Effective Date. ) 11 The above-entitled matter came on regularly before the Board 12 at its meeting of June 16, 1991; and .13 It appearing to the Board that it di,d adopt Ordinances 20, 14 22, 23, and 25 A-Engrossed, which authorize adoption of certain 15 charges, rates, fees, and penalties relating to the Agency 16 systems, and for services provided by the Agency; and that certain 17 of the existing USA charges contained in Resolution and Order Nos. 18 91-42, 91-43, 91-45, 91-48, 91-61 and 91-69, are now in need of 19 further amendment; and 20 It appearing to the Board that the proposed charges, rates 21 fees, interest, penalties, and administrative provisions, 22 including amendments, contained in Exhibit "Afl attached hereto and 23 by this reference incorporated herein carry out the standards and 24 objectives contained in.the above-referenced Ordinances; and 25 It appearing to the Board that the Plan of Capital 26 Improvements for the Sanitary Sewerage System, described in Pager 1 of 5- JUH-OZ-1994 14:29 FROM UNIFIED •EWEPAGE TO 922°4~2g F.04 SECTION 2 RULES, REGULATIONS AND DEFINITION OF RATES AND CHARGES A. FEES FOR PHYSICAL CONNECTION TO PUBLIC FACILITIES Line tap fees shall be charged for installation of a connection of a private lateral or side sewer to the public facilities of the Agency. The amount of these fees reflects the actual cost of installing and inspecting connections from private facilities to public facilities, based upon the average cost to the Agency of performing such work. Line tap fees are not charged when the connection is made as a part of a project for construction of public sewer line under Agency Construction Permit Agreement, in which the taps are shown on approved plans, and are subject to a Construction Permit Agreement for the work. (See Construction Standards Resolution and Order.) These fees are not system development charges. B. SERVICE REQUEST FEES 0 The following are fees charged for services requested or required to be performed by the Agency. In each case, the tee is established based upon the estimated actual cost,* as defined in Ordinances 22 and 25, of performing the service or making the service available. 1. Apportionment Processing Fees Apportionment processing fees shall be charged to cover the cost to the Agency for processing apportionments. The fee is charged as part of the application unless the apportionment is initiated by the Agency where it is added to the apportioned amount. ' 2. Customer Assistance Charges Copies of Agency maps, publications and other documents provided by the Agency shall be charged at actual cost. Maps, . publications and copy fees shall be waived for all governmental entities providing there is a reciprocal waiver of such fees. No charge shall be made for sewer availabilities and lateral location information. 3. Easement Vacation (Release) and Consent to Release Fees Easement vacation and consent to release fees shall be charged for the investigation, review and preparation of the necessary documents; and approval and recording of the documents for the legal termination of an easement. Owners of properties that have been paid for an easement who request vacation of the same easement or a portion thereof shall pay to the Agency a like amount for the easement in addition to this fee. ~J Rates and Charges Section 2 Page 5 q 2~ 3~ JUN $c 93 10:50 FOOD SERVICE PORTLND ~l~ gg 111+++ June •S•, 1993 TY OF, 9~ ORES I i } ? Dear . Owner-: The proposed subdivision -deve•1 p'ment of lots between' 'S•.J~.• Fir. s`: Street and Cherry Drive, .as:.sho~anf on ..the attached' niap,'wi33 xiequir.e' 'the:: extentlon •of''a public sanitary " sewei" ~:trrt'il aiozYg"`S:W;,' Avenue and. along Cherry Drive: The surer wil•3• be. .inst'i'llsc aid • f or by the developer of the s rv s on . Several- people-have expressed Interest in *continuing the'.-sewer :along S.M.. ?4tb Avexlue and Cherry.; D=ive to serve additional houses 'indludzng. ~,ours'' E' nding ' this.: sewer. -might costf each homeowner about $5, Q00 to. j $8,000 each. :-if- there -is. suffIci.ent interest, a inore':,detailed -estimate' could be: 'prepared*. ; .Additional-` expenses would ' ~.rickLide ;a connection; fee' of. 135: for houses constructed after July' i.;l; 3970; -i = and: $335 for houses:.construc.tea: earlieL. In addition, eachf-46wi~exr would' have' to abandon their ex sting::septic system -and c©naaect 1T0 ~ F the :publ e .line at._an expense. of perhaps as much as -$2,•00.01 I~..... h•»Yrvc~.~'a3'u ,-•N•.. t> = -.-i z r _---.z..,_. I!_ TP'• -`wl`T Uf'you -hav1"Y e, M D}~_ • G~'c~ I ~!.VY iL~a Zi if.L•_h~. any interest in pursuing this, please h-' f mef=FbM :J e 22,, 1993 _there is sufficient -interest, -1 +will =sugggs ;'!tie t eniag..-meet ing : to . m4re,'fully ean::'**ev xplain `:the cos j proceduresai'd options,.:: _In the Meantime, if you have a Est ohS!or 'S N xec t r.e additional information; please 'call - 1 -Sincerely for '-Greg N. -Berry Utilities Bngineer ' df/CB:Chorry7il11Ds.Itz ~ ? E • c : Randy Wooley, City Engineer ••13125 SW Hdl Bleu., pga.rd, OR 97223 (503).639-4171 TGD.(503) 684-2772 _ Id: ~ . ( y ~ - XI 1 f •a o, z e a el ~ 7) I co a, ~ • 1~ ~ O ~ LLLYYY • Z O L_ Win ~ N ~ rt it 1f`. C to 0 p a w T .a ~ ca a` O ..1 u, o U. c~a CL ~ a- o c~ 4 a" +n z o. •0 2! Cl) ca M- z 1• H e®® L~j O x~ w 0 _J 0- ui ;e_~ ;E (D ~,.WO . I CL CL f4 ' l CD to 0 2zoC z0w LL1C1 WQ.M! Lr ; I•'.:s r zt pi5;t' 5 C M V Q1 e» .o ~ rn ~ ~ O N C ~ X Y c O d e 0 u ~ d ~ v LnON e X e9 d ~ ~ m ~ a 3 S'i 0 n cM~' W C! O~ P LJ Hl~ q~ a: "N CHERRY STREET ROLLING HILLS NO 2 Ld D 3AO%'4)3 ~ o0 R W z d 3 N • .4F.4•,4, sa 5eA- CfAAA " " ITEM S V 4. 611014M ) COUNCIL AGENDA CITY OF TIGARD, OREGON Atq COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May &9-, 1994 DATE SUBMITTED: April 29, 1994 AGENDA TITLE: ISSUE Amendment to PREVIOUS ACTION: None / chronic nuisance prop ert PREPARED BY: Ron Goodnaster DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Ron Goodpaster To amend Title VII of the Tigard Municipal Code, Public Peace, Safety, and Morals to include this Chapter 7.42 pertaining to chronic nuisance property. STAFF RECOMMENDATION Staff recommends the Council approve the proposed ordinance amendment. INFORMATION SUMMARY This proposed amendment, modeled after similar ordinances in other cities, would give the Police Department an effective tool in dealing with chronic locations that are causing significant problems in the immediate neighborhood and the community. The ordinance defines what a chronic nuisance would be, and then if four or more occurrences of any of the acts or behavior take place during a 60 day period, the ordinance would allow, upon finding that the infraction was committed by respondent, a hearing officer may require the property to be closed and secured against all use and occupancy for a period of not less than 30, but not more than 180 days: or assess a civil penalty not to exceed $500, or employ any other remedy deemed by it to be appropriate to abate the nuisance. The ordinance requires mandatory notification to the property owner and the tenant of the ordinance and the penalties that could be evoked if the behavior continues. This process would be handled through the Tigard Municipal Court. This type of ordinance would be extremely effective in those isolated in'' _dents where we have significant problems at a particular residence 'that continue over a period of time and significantly disrupt the quality of lifa in the immediate neighborhood. There is an emergency clause on this amendment that would become effective upon passage. The City Attorney has reviewed this ordinance. PROPOSED ALTERNATIVES None. FISCAL NOTES Monies and resources are available in existing budgets to enforce - this ordinance.