City Council Packet - 07/10/1978 TIGARD CITY COUNCIL
REGULAR MEETING
JULY 10, 1978, 7:30 P.M.
FOWLER JUNIOR HIGH SCHOOL
LECTURE ROOM
AGENDA:
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS
5. CONSENT AGENDA: (All matters under this heading are considered to be routine
by the City Council and will be enacted in one motion in the
form listed below. There will be no separate discussion of these
items. If discussion is desired by any Council member or member
of the audience, that item will be removed from the consent agenda
and will be considered separately.)
(a) Approval of Minutes - June 26, 1978
(b) Approval of Expenditures and Investments - $58,137.33
(c) Receive and File - Written Communications
Transmittal from Mr. & Mrs. Art Mason re: Police Department
Transmittal from Department of Commerce, Building Codes Division re:
Bldg. Officials Conference - October 1-6, 1978.
(d) Approve And Authorize Signing By Mayor And City Recorder of Subdivision
Compliance Agreements and Cash Bond Escrow Agreements
Shilo Subdivision
Summerfield No. 13 - (Lots 599-616) CD
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6. RESOLUTION No. 78-_�Lt A RESOLUTION EXPRESSING APPRECIATION OF THE CITY OF TIGARD
TO DON JACOBS FOR PUBLIC SERVICE AS A MEMBER OF THE TIGARD
LIBRARY BOARD.
(a) Recommendation of City Administrator.
7. APPROVE REFUNDS
• Conditional Use Application Fee - Tom Itel - $325.
• Monthly Sewer Service Charge - Norman R. Simpson - $5.00
(a) Recommendation of Finance Director.
8. APPROVE AGREEMENT - School District 23-J and City of Tigard re: Conditional Use
Permit.
(a) Recommendation of City Administrator.
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9. RESOLUTION No. 78- A RESOLUTION OF THE TIGARD CITY COUNCIL REAFFIRMING AND
APPOINTING PRO TEM JUDGES FOR THE TIGARD MUNICIPAL COURT.
(a) Recommendation of City Administrator.
10. ORDINANCE No. 78- AN ORDINANCE ESTABLISHING RESIDENCY REQUIREMENTS FOR CERTAIN
FULL-TIME ADMINISTRATIVE PERSONNEL AND OFFICERS OF THE CITY
OF TIGARD INCLUDING CITY ADMINISTRATOR, CITY RECORDER, CITY
CLERK, CHIEF OF POLICE, PLANNING DIRECTOR AND PUBLIC WORKS
DIRECTOR, AND FIXING AN EFFECTIVE DATE.
(a) Request of Mayor.
11. U.S.A. SEWER ,EASEMENT REQUEST - UT - 3 & UT - 4
(a) Recommendation of City Administrator.
12. 72ND AVENUE ROAD CONDITION
(a) Report by City Administrator.
13. BUCKLEY REQUEST FOR SEWER CONNECTION ON S.W. 114TH AVENUE (outside city limits).
(a) Report by City Administrator.
14. COMMUNITY DEVELOPMENT BLOCK GRANTS AGREEMENT - For Intergovernmental Cooperation.
(a) Review by Council.
15. RESOLUTION No. 78- A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING APPOINTMENT
TO FILL AN UNEXPIRED TERM OF OFFICE ON THE TIGARD PARK BOARD.
Edna Sakata - term expiring 121r!31-80
(a) Recommendation of Selection Committee.
16. RESOLUTION No. 78- A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING APPOINTMENTS
TO EXPIRED TERMS OF OFFICE ON THE TIGARD PLANNING COMMISSION.
Frank Tepedino - term expiring 7-1-82
Doug Smith - term expiring 7-1-82
(a) Recommendation of Selection Committee.
17. WAY LEE SIGN CODE VARIANCE APPEAL - S.W. 69th & Pacific Highway.
18. OTHER
19. ADJOURNMENT
PAGE 2 — COUNCIL AGENDA - JULY 10, 1978
T I G A R D C I T Y C G U N C: I L
REGULAR MEETING MINUTES, JULY ;_0; 1978, 7:30 'P,Di.
1. ROLL CALL: Pre8enL : Mayor Wilbur A . Bis:".:p , Councilmen John E.. Cook,
Alan W.. Mickelson, Kenneth W, Scheckla; C!:Lei of police,
Robert. Adams; City Attorney, Joe Bailey, City Administrator,
R. R. Barker; City Recorder, Doris flartig; Administrative
Aide, Aldace Howard
2. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS
(a) No one appeared to speak
3. APPROVAL OF MINUTES. - JUNE 26, 1978
(a) Motion to app ove: Councilman Cook, sec:Dnded by Councilman
Mickelson.
Appr-,ved by unanimous vote of Council
4. APPROVAL OF EXPENDITURES AND INVESTMENTS - $58, 137. 33
(a) Motion To approve, C:;uncilrnan C.)ok, seconded by Councilman
Mickelsc;n.
Approved by unanimous vote of Council ,
5. WRITTEN COMMUNICATIONS
Transmittal from Mr. and Mrs. Art Mason Re: Police Department
Transmittal from Department: of Commerce, Building Codes Division
Re: Building Officials Conference - October 1-6, 1978
(a) Motion to receive and file: Councilman Cook, seconded by Council-
man Mickelson.
Approved by unanimous vote of Council. .
6. APPROVE SHILO SUBDIVISION AND SUMMERFIELD No. 13 (Lots 599-616)
(a) Motion by Counci Iran C(Ir,}; Lu sivnin- by 'fayor
and City Recorder of • Subdivis•t.-n Curin1 Lance AgreemenLs and Cash
Dond Escrow Ar:reernc:nts; motion seconded by Counc.t iran Mickelson.
Approve& by..unaa:imous vote of Council.
7. RESOLUTION No. 78-49 RESOLUTION EXPRESSING APPRECIATION OF THE CITY OF
TIGARD TO DON JACOBS FOR PUBLIC SERVICE AS A
MEMBER OF THE. TIGARD LIBRARY BOARD
(a) Motion to adopt: Councilman ML3kelson; seconded by Councilman Cook.
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Approved by unanimous vote of Council.
Mayor Bishop presented copy of Resolution to Mr. Jacobs and expressed
appreciation of the City.
8. APPROVE REFUNDS
Conditional Use Application Fee - Tom Itel - $325.
Monthly Sewer Service Charge -- Normal R. Simpson - $5.
(a) Motion to approve: Councilman Cook, seconded by Councilman
Scheckla.
Approved by unanimous vote of Council.
9. APPROVE AGREEMENT School District 23-J and City of Tigard Re :
Conditional Use Permit.
(a) City Administrator reported the agreement reflects the use that was
granted to the School District, however it does not refer to a five
foot dedication required on SW 92nd Avenue. Council and staff dis-
cussed -the requirements of the Conditional Use Permit.
(b) Motion by Councilman Cook, seconded by Councilman Mickelson to have
staff check out provisions of agreement as it relates to the
Conditional Use Permit and if all conditions are provided for ,
authorize the signing of the agreement by the Mayor and City
Recorder.
Approved by unanimous vote of Council.
10. RESOLUTION No. 78-50 A RESOLUTION OF THE TIGARD CITY COUNCIL REAFFIRM-
ING AND APPOINTING PRO TEM ,JUDGES FOR THE TIGARD
MUNICIPAL COURT.
(a) City Administrator commented the appointment of Kenneth Bourne and
Lou Giovanini would allow for a pro tem judge to serve in the
absence of Judge Pelay.
(b) Motion to adopt: Councilman Mickelson ; seconded by Councilman
Scheckla.
Approved by unanimous vote of Council .
11. ORDINANCE No. 78- AN ORDINANCE ESTABLISHING RESIDENCY REQUIREMENTS
FOR CERTAIN FULL-TIME ADMINISTRATIVE PERSONNEL AND
OFFICERS OF THE CITY OF TIGARD INCLUDING CITY
ADMINISTRATOR, CITY RECORDER, CITY CLERK, CHIEF OF
POLICE, PLANNING DIRECTOR AND PUBLIC WORKS DIRECTOR,
AND FIXING AN EFFECTIVE DATE.
(a) Mayor Bishop stated he had requested the revised ordinance be con-
sidered by Council. Ordinance, as amended, would require certain
full-time administrative personnel to live within Tigard's im-
mediate Urban Growth Boundaries as approved by L.C.D.C. Council and
PAGE 2 - REGULAR COUNCIL MINUTES - July 10, 1978
X A: 1111111111: !
(a) staff discussed if the residency requirement should be within the
(cont.).•urban growth boundaries as established by L.C.D.C. or r_he Planning
Commission. Council also considered if the ordinance should be
referred to the voters and if the Building Official_ and Bead
:Librarian should also be included in the requirements.
Councilman Mickelson moved to approve the ordinance based on the
condition that it be referred to the voters.
Attorney Bailey suggested the ordinance be amended to indicate the
Urban Growth Boundaries as approved by the Planning Commission
until superseded by L.C.D.C. Urban Growth Boundaries .
After further discussion, Councilman Mickelson withdrew his
motion. Council discussed placing a waiver of some type for
people who fill. the positions before the ordinance took effect .
Motion by Councilman Mickelson to have the attorney rewrite the
ordinance as discussed and with the provision that it be referred
to the voters at the November election; motion seconded by Council-
man Cook,.
Approved by 3-1 vote. Councilman Scheckl_a, voting NAY.
12. U.S.A. SEWER EASEMENT REQUEST - UT -3 and UT--4
(a) City Administrator reported the Unified Sewerage Ag(-ncy plaris I'o in-
stall a sewer line in September 1978, through Cook Park and is
seeking two easements from the City. City Administrator recommended
before Council grants the easement , the City obtain written as-
surance that the future parking lot would not be construed to be
a "Structure" and that the contractor cleanup the area immediately
upon completion of the line. City Administrator also recommended
that the U.S.A. provide the City with the service stubs to hook
up the restrooms at Cook Park. U. S .A . is offering to pay the City
$1040 for the two easements.
(b) Motion by Councilman Cook to approve the two easements subject:
to the conditions as suggested by the City Administrator.
Motion seconded by Councilman Mickelson.
Approved by unanimous vote of Council .
13. 72ND AVENUE ROAD CONDITION
(a) As requested by Council , City Administrator contacted Washington
County regarding repairs to SW 72nd Avenue, County staff will
repair and "patch as needed" . City Administrator further reported
the Tigard Water District and Unified Sewerage Agency contractor have
repaired portions of road damaged by construction . SW 72nd is one
of the streets City has requested to take over from Washington
County and City Administrator suggested Council consider resurfacing
of street in this fiscal year. City Administrator to report back to
Council after Washington County Commissioners have made decision re-
garding jurisdiction of street .
PAGE 3 - REGULAR COUNCIL MINUTES - July 10, 1.978
14. BUCKLEY REQUEST FOR SEWER CONNECTION ON S .W. 114TH AVENUE (outside Cii-.
Limits)
(a) City Administrator stated item was put on agenda anticipating a
written request from Mrs. Buckley. As no request was received,
matter was set aside pending further action by the Buckleys .
15. COMMUNITY DEVELOPMENT BLOCK GRANTS AGREEMENT - For Intergovernmental
Cooperation.
(a) Mayor Bishop stated matter will be discussed by Washington County
Elected Officials at meeting of July 20, 1978 at 7 : 30 P.M. Meeting
conflicts with City of Tigard's public .facilities hearing, however,
Council was urged to attend if possible.
16. RESOLUTION No. 78-51 A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING
POINTMENT TO FILL AN UNEXPIRED TERM OF OFFICE OT:
THE TIGARD PARK BOARD.
Edna Sakata - term expiring 12/31/80
(a) Motion to appoint : Councilman Cook, seconded by Councilman Scheckla.
Approved by unanimous vote of Council .
17. RESOLUTION No. 78-52 A RESOLUTION OF THE TIGARD CITY COUNCIL MAK1-;0 An
POINTMENT TO EXPIRED TERM OF OFFICE ON THE li:iARD
PLANNING COMMISSION
Frank Tepedino - term expiring 7/1/82
(a) Motion to appoint : Councilman Mickelson; seconded by Councilman
Cook.
Approved by unanimous vote of Council.
18. RESOLUTION No. 78-53 A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING
APPOINTMENT TO EXPIRED TERM OF OFFICE ON THE
TIGARD PLANNING COMMISSION.
Doug Smith - Term expiring 7/1./82
(a) Motion to appoint : Councilman Mickelson; seconded by Councilman
Cook.
Approved by 3-0 vote with Councilman Scheckla abstaining.
19. WAY LEE SIGN CODE VARIANCE APPEAL - SW 69th and Pacific Highway.
(a) Mr. Wendell Gray, 900 SW 5th. Avenue, Portland, representing
Way Lee, requested Council hear resubmission of appeal prior
to expiration of the 90 days as set by Council , March 27, 1978
directive.
PAGE 4 - REGULAR COUNCIL MINUTES - July 10, 1978
(a) ouncil and. s.ta.ff.. discussed- whether Planning Commission or Counci.i
(cont a should_.consider. the. appeal, the ..length of time since last considered
by Council and :if public notice was required.
' Attorney Bailey suggested public notice be giver. and matter heard
on July 24th.
(b) Motion by Councilman Cook, seconded by Councilman Mickelson to
hear appeal resubmission on July 24th.
i
Approved by unanimous vote of Council ,
20. OTHER
(a) City Administrator brought Council up-to-date regarding City
vacancies. City Administrator has appointed Administrative
Aldie Howard on interim basis to act as Planning Director
until the position has been filled.
(b) Councilman Cook inquired as to the status of System Development
Charge for Tigard Senior High School . City Administrator reported
he h ; not been contacted further by the school.
(c) Finance Director requested Council approve accounts payable for
June 30, 1978 in amount of $41 , 116, 58,
1. Motion by Councilman Cook, seconded by Councilman Scheckla
to approve.
Approved by unanimous vote of Council ,
(d) City Recorder stated petitions for City Council positions up for
election in November, must be returned no later than August 9,
1978.
(e) Mayor Bishop commended City Staff for manner in carrying on City
business during difficult readjustment period.
21. MEETING ADJOURNED 9: 10 P.M.
dvC-ciJ �'�
City Recorder
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• S'j. N N N N N N N N N N
(,) N N N N N N N N N N
a
all gy
r
June 27, 1978
;Iayor Bishop & City Councilmen
City of Tigard
Tigard, Oregon
Gentlemen:
This is to inform you that we have
had occasicn to call the city Police
Department several times, or we should say
quite a number of times, in the past three
or four years.
We were always treated very well, and
were given the requested service with no
delays.
If the Public Relations of the city
Police is poor, it is not because of the
failure of the Police department.
Yours sincerely,
.c /',
Mr. & Mrs.Art Mason
11695 sal 90th '
Tigard, Ore. 97223
CC: The Tigard Times &
The Oregon Journal
Department of Commerce
BUILDING CODES DIVISION
ROBERT W. $�TRAUB 401 LABOR & INDUSTRIES BUILDING, SALEM, OREGON 97310 PHONE 378-4133
EIVSD
June 16, 1978 JUll j ; 1978
CITY OF TIGARU
City Council
12420 SW Main Street
Tigard, Oregon 97223
Ladies and Gentlemen:
Through Oregon law and public interest, local governments and the State have many
common goals in building regulation.
We appreciate and ask your continuing support of your building officials' involve-
ment in the code-making process at both the state and national levels.
An opportunity for national involvement is the International Conference of Build-
ing Officials (ICBO) Education and Code Development meeting October 1-6, 1978, in
Denver,Colorado. At this meeting votes are taken on code change proposals. Each
Class "A" member of ICBO has a vote. Your jurisdiction is a Class "A" member. We
urge that you send a delegate, usually your building official, to vote. This will
help include Oregon ideas in the model codes and will reduce the need for Oregon
amendments. (Note: Each member jurisdiction has a vote--the City of Los Angeles
and Bend, as an example, have equal voting power.)
Your response to our request last year was gratifying; the size of the Oregon
delegation increased three-fold, to 21 votes (there are now 81 Class "A" Oregon
members) . The Oregon State Building Officials Association organized the delega-
tion, held study meetings, and made speaking assignments on issues. As reported
in our October 17, 1977 letter, the delegation was 85% successful in accomplishing
the goals it set. OSBOA is managing the delegation again this year.
± Although we emphasize code changes, the educational portion of this meeting is
c-qually important. This meeting gives your building official an opportunity to
gain knowledge of advances in code administration.
As we urged in October, 1977, we hope you have budgeted for such travel and will
have your building official attend.
Yours very ly
Walter M. Friday, P.E.
Assistant Administrator- tructural
i
WMF:cw
3 cc: E. T. Walden, Bldg. Official
} PN EQUAL OPPORTUNITY EMPLOYER
. '''111((( ( s yy4��I �'y�,�/7 �,�/vx�yg�(
. .L I `f'JD S� Y Y ER-���."�5 XJ
7 6
WASHINGTON COUNTY
ADMINISTRAT ION BUILDING--••150 N. FIRST AVENUE
} HILLSBORO, OREGON 97123
1503) 646-8621
Joel Wasselmar.
BOARD OF COMMISSIONERS JUne 15 1978 Gerar:,:til u•3;-r
RAY MILLER,Chairman t V .' '1 F:nrn"s62
BILL BLOOM
VIRGINIA DAGG
MILLER Id.DURIS v':; vi" 1 i`• ��
RICHARD C.HEISLER
CITY OF TIGARD
PO BOX 23557
TIGARD OR 97223
Gentlemen:
SUBJECT: UPPER TUALATIN INTERCEPTOR -- UT-3
In order to construct an underground sewer lina to
service the above-referenced project area, the Agency
needs a _ permanent and temporary easement for
sewer purposes across your property on the Upper
Tualatin Interceptor The portion of
the property affected by the easement is indicated on
the enclosed map and described on the sewer easement
deed.
I am aurhosized to offer you $100.00 for the ease-
ment. This value was the result ot an appraisal o. the
property by a local independent real estate appraiser.
There is an original and one copy of the sewer easement
deed enclosed. The original document should be signed
before a notary public and acknowledged by the notary.
The signature should be on the line indicated on the
easement and as shown typed below the line.
A self-addressed envelope is enclosed for your convenience
in returning the original -document to me. One copy of
the document and attached map may be retained for your
records.
Very truly yours,
-
• - � J`x'11` l,/1, ��..��.,�.L�- � �•ra{ 4 f�"µ��
( John W. Cooper x
S
Property Specialist
JWC:vr
Encs.
:,73-35
CORPORATE SEWER EASE11ENT ',3rce1 No. UT-3
City of Tigard. Box 23557, Tigard, Oregon 97223
An Oregon Corporation, does hereby grant unto the Unified Sewera a Agenc
County, .its successors and assigns,
maintain a sewer or sewers throuthe right to lay down, construct�andyperp�etuallgton
gh, under and along-
Y
A PERMANENT EASEMENT
A portion of that tract of land in Section •14, Township 2 South, Range 1 West, of the
Willamette Meridian, Washington County, Oregon, conveyed to City of Tigard, as described
and recorded in Volume 1002, Page 851, deed records of said Washington County, more
particularly described as follows:
The Northerly 40 feet of the Southerly 90 feet of said tract.
A TEMPORARY EASEMENT
The Northerly 100 feet of the Southerly 130 feet of said tract.
Said temporary easement is automatically extinguished following Agency acceptance of completed
sewer in adjacent permanent easements. p d
No structure shall be erected upon said easement without the written consent of the
Grantee.
The consideration for this grant is One Hundred Dollars
IN WITNESS WHEREOF, the grantor 'above named, has hereunto set his hand and seal this.
day of A.D., 19
APPROVED
(azXERAL /MUNAGER, Unified Sewerage
Agency of Washington County
City of Tigard
BY Corporate Name
APPROVED AS TO FORM X�
Washington County Counsel �{B�
By
STATE OF OREGON )
County of Washington ss
�On this day of
appeared 19 , before me, personally
known to me to be the
President, and
the known to me to be
Secretary,
the corporation described in and that executed the within instrument of
to me to be the person who executed and also
he it on behalf of the corporation therein named, and
acknowledged to tae that such. corporation executed the within instrument ,
pursuant to its by-laws or a resolution of its board of directors.
IN TESTIMONY WFIEREOF, I have hereunto set
this the day and year first in this hand and affixed my off
my certificate, written. icial seal,
Notary Public for Oregon
My Commission expires
72-4683/75
EASEMENT CONDITIONS
1. The Agency contractor shall confine his operation to the desig-
nated areas and observe all, restrictions .
2. The Agency contractor will make any necessary preliminary explora-
tions to determine the location of any obstructions which -may in-
terfere with the construction of the sewer line.
3. Under the direction and supervision of the Agency, the contractor
shall do all clearing and grubbing necessary in the construction
of sewer and the cost thereof shall be absorbed by him.
4. In any portion of the line crossing private landscaped property
areas, the contractor shall excavate and pile the top soil separ-
ately from the subsoil, and conduct the work in a manner that will
replace original conditions as near as practicable. The contractor
shall remove and replace any small trees, shrubs , plants, or sod
that cannot be preserved. All shrubs or plants shall be carefully
handled, kept watered, and replaced in their original position
without damage. Sod shall be handled in a similar manner. Where-
ever it cannot be saved and restored, the ground must be reseeded
at the expense of the contractor. Plants or shrubs killed or
destroyed must be paid for, .or replaced by the contractor: It is
the intent of this paragraph that the contractor shall leave the
surface and planting in substantially the same condition as before
the work is undertaken. Major trees in the permanent easement are
not replaceable, and are included in the value of the easement ,
and are the property of the Agency.
5 . When sewer construction is across land on which livestock may be
grazing, the contractor shall erect temporary fencing along any
open trenches to prevent livestock from getting into the trench.
Whenever it becomes necessary to cross an existing fence line,
the contractor shall conduct his operation and erection of fences
and barricades so that livestock are not prevented access to the
water- courses they normally use for drinking.
6. During the time that the work is in progress, the contractor shall
make every effort to maintain the site in a neat and orderly con-
dition. All refuse ,• broken pipe, excess fill material , cribbing,
etc. , shall be removed as .soon as practicable. Should the work
not be maintained in a satisfactory condition, the Agency may
cause the work to stop until the cleanup portion of the work has
been done to the satisfaction of the owner and/or the Agency.
Unusual conditions and special situations may cause final cleanup
and restoration .to be delayed -until the final stages of construction.
72-36R
OF
'4' ASHI1'.GTON "COUNTY
g'
ADM NNISTRATION BUILDING--150 N. FIRST AVENUE
HILLSBORO, OREGON 97123
m3) 6+8-s62I '
Joel Wess?:mar.
BOARD OF COMMISSIONERS June 15, 1978 cer r: M1n;;+r
• F;nro"s42
RAY MILLER,Charman
BILL BLOOM
VIRGINIA DAGG
MILLER M.DURIS
RICHARD C.HEISLER �`L?
CITY OF TIGARD
PO BOX 23557
TIGARD OR 97223 ��TY v=F �?n•
GENTLEMEN:
SUBJECT: UPPER TUALATIN INTERCEPTOR -- UT-4
In order to construct an underground sewer line to
service the above-referenced project area, the Agency
needs a permanent and temporary easement for
sewer purposes across your property on the Uooer
Tualatin Interceptor The portion of
the property aztected by t —a easement is indicated on
the enclosed map and described on the sewer easement
deed.
I am authorized to offer you $940.00 for the ease-
ment. This value was the result t of an appraisal of the
property by a local independent real estate appraiser.
There is an original and one copy of the sewer easement
deed enclosed. The original document should be signed
before a notary public and acknowledged by the notary.
The signature should be on the line indicated on the
easement and as shown typed below the line.
A self-addressed envelope is enclosed for your convenience
in returning the 'original document to me. One . copy of
the document and attached map may be retained for your
records.
Very trul yours.
,iraSef
,L��ti x
ohn 14. Cooper }, r_ .�•
1!. Property Specialist
JWC:vr
Encs. -
73-35 -
t .. L
Parcel No. UT-4
`9
CORPORATE SEWER EASEMENT
City of Tigard Box 23557, Ti ard, Ore on 97223
An Oregon Corporation, does hereby grant unto the Unified Sewerage Agency of Washington
County, its successors and assigns, the right to lay down, construct and perpetually
maintain a sewer or sewers through, under and along•
A PERMANENT EASEMENT
portion of Tract II of that tract of land in Section 14, Township 2 South, Range 1 West, of
A
portion
Meridian, Washington County, Oregon, conveyed to the City of Tigard, as des-
thw
cribed and recorded in Volume 1002, Page 865, deed records of -said Washington County, more
particularly described as follows:
The Northerly 40 feet of the Southerly 90 feet of said tract.
A TEMPORARY EASEMENT
The Northerly 100 feet of the Southerly 130 feet of said tract.
Said temporary easement is automatically extinguished following Agency acceptance of completed
sewer in adjacent permanent easements.
No structure shall be erected upon said easement without the written consent of the
Grantee.
The consideration for this grant is Nine Hundred Forty Dollars
IN WITNESS WHEREOF, the grantor above named, has hereunto set his hand and seal this
day of A.D., 19
APPROVED
GENERAL MANAGER, Unified Sewerage
Agency of Washington County
city o igard
Corporate Name
By <By
APPROVED AS TO FORM
Washington County Counsel
X By
By
STATE OF OREGON )
ss
County of Washington )
�On this day of , 19 before me, personally
appeared known to me to be the
President, and known to me to be
the Secretary, of
the corporation described in and that executed the within instrument, and also known-*
tore to be the person who executed it on behalf of the corporation therein named, and
he acknowledged to ma that such corporation executed the within instrument Y
pursuant to its by-laws or a resolution of its board of directors.
rt
IN TESTIYDNY WHEREOF, I have hereunto set my hand and affixed my official seal,
this the day and year first in this, my certificate, written.
Notary Public for Oregon
My Commission expires
72-4683/75 _
' EASEMENT CONDITIONS
1. The Agency contractor shall confine his operation to the desig-
nated areas and observe all restrictions .
2. The Agency contractor will make any necessary preliminary .explora-
tions to determine the location of any obstructions which may in-
terfere. with the construction of the sewer line.
3. Under the. direction and supervision of the Agency, the contractor
shall do all clearing and grubbing necessary in the construction
of sewer and the cost thereof shall be absorbed by him.
4. In any portion -of the line crossing private landscaped property
areas, the contractor shall excavate and pile the top soil separ-
ately from the subsoil, and conduct the work in a manner that will
replace original conditions as near as practicable. The contractor
shall remove and replace any small trees, shrubs , plants,. or sod
that cannot be preserved. All shrubs or plants shall be carefully
handled, kept watered, and replaced in their original position
without damage. Sod shall be handled in a similar manner. Where-
ever it. cannot be saved and restored, the ground must be reseeded
at the expense of the contractor. Plants or shrubs killed or
destroyed must be paid for, or replaced by the contractor. It is
the intent of this paragraph that the contractor shall leave the
surface and planting in substantially the same condition as before
the work is .undertaken. Major trees in the permanent easement are
not replaceable, and are included in the value of the easement ,
and are the property of the Agency.
5. When sewer construction is across land on which livestock may be
grazing, - the contractor shall erect temporary fencing along any
open trenches to prevent livestock from getting into the trench.
Whenever it becomes necessary to cross an existing fence line,
the contractor shall conduct his operation and erection of fences
and barricades so that livestock are not prevented access to the
water courses they normally use for drinking.
6 . During the time that the work is in progress , the contractor shall
make every effort to maintain the site in a neat and orderly con-
dition. All refuse, broken pipe, excess fill material, cribbing,
etc. , shall be removed as soon as practicable. Should the work
not be maintained in a satisfactory condition, the Agency may
cause the work to stop until the cleanup portion of the work has
been done to ' the satisfaction of the owner and/or the Agency.
Unusual conditions and special situations may cause final cleanup
and restoration to be delayed until the final st ges of cons.ruccion.
72-36R
TO
- 4-
• 3 '
_174 TA SHINGT®N COUNTY
�REGO� ADMINISTRATION BUILDING—150 N. FIRST AVENUE
HILLSBORO, OREGON 97123
BOARD OF COMMISSIONERS
MILLER M.DURIS,Chairman
BI LL BLOOM
VIRGINIA DAGG DANIEL O. POTTER
RICHARD C.HEISLER COUNTY ADMINISTRATOR
RAY MILLER ROOM 418
(503)648=8676
June 29, 1978
TO: All Mayors, City Managers/Administrators, City Recorders
of Washington County Cities
FROM: Daniel 0. Potter, County Administrator
SUBJECT: Community Development Block Grants
The Housing and Community Development Act of 1974 makes it possible for
urban counties (counties of over 200,000ugrants-
by-right for the purpose of funding eligible activilties.) toreThisediffers
from the normal process of competitive applications which may or may not
be funded.
Washington County now qualifies as an urban county by reason of a U.S.
Bureau of Census determination that the total County population is 200,502.
Obviously, this population includes all Washington County cities and parts
of other counties' cities within Washington County. Qualification as an
urban county must involve both the incorporated and unincorporated areas
of the County.
In order that city populations may be included in the 200,502 figure,
intergovernmental cooperative agreements with all the cities will have to
be undertaken. If any city elects not to participate, the County and other
cities will not be able to qualify because of the 200,000 minimum popul.a-..
tion requirement.
FFurposes of initiating discussion with the several citiesin the County,
oard of Commissioners have approved a basic agreement for inter-
nmental cooperation which meets the requirements of the Housing and
/ Community Development Act. For your information, I enclose a coot' of this
proposed agreer.Ient.
You will note that this proposed agreer:lent establishes a p;licy board for
the purpose of guiding the plan and program development. ans an. programs
could be within a city or outside of city boundaries as a part of the
Block Grant. This polic board would have a del e ate from each cicv who
would work nr to a lt< the Count on the develo ment of the Ian afTr
progra submission. It is expected that both County and city
Programs would receive funding through the urban county block grant.
June 29, 1978
Page 2
The Block Grant entitlement is based on a formula. Preliminary information
indicates• Washingion County and i.ts cities could expect to receive approx-
imately 51 .9 million in fiscal year 1979 if we can meet all of the require-
ments, particularly the population requirement.
Under the Housing and Community Development Act, grant assistance can be
used for a wide range of purposes which can include property acquisitions;
public works fa ities; code enforcement; clearance, emo irinn, remal
and rehabilitation of buildings and improvements; special projects; special
prooects to remove architectural barriers; relocation assistance, property
disposition; communitypublic, service and facilities- certain nonfederal
share offederalgrant-in-ai programs, activities necessary to a community
development plan and adm;n;strative costs
Note that the-above are general comments on possible use of grant funds and
are not all-inclusive of grant fund capability.
This letter shall also serve as official notice,. in accordance with HUD
regulations:
That you have a right not to be included in the
urban county. Should you e.lect not to be included,
your municipality cannot be the beneficiary of any
Urban County Comnunity Development Block Grant funds.
If you do agree to participate as a part of the urban
county, you may not apply for discretionary balance
funds (Small Cities Program) which are competitive.
If you elect not to participate, you must notify
the Portland Area Office of the Housing and Urban
Development Administration directly no later that
October 1 , 1978 in addition to notifying my office.
It is obvious that the failure of any city to agree to participate in the
Block Grant Program will make it impossible for Washington County and the
cities in Washington County to qualify due to the 200,000 population require-
ment. It would appear there are obvious advantages for city participation
since block grant programs would be locally determined and could be in
incorporated or nonincorporated areas of the County. The basic advantage
is that the Block Grant Program ensures funding-by-right, while the Small
Cities Program is competitive and on a statewide basis. y ,:f
information from the Portland Area Office of HUD-,indicates they have some
seventy applications inhand under the competitive Small Cities Program:
M
June 29, 1978
Page 3
Their funding for such programs is limited and, in all probability, they
will • fund only seven or eight applicants.
Please review the attached agreement. It is proposed that additional
discussion will be had on this subject and the working interrelationship of
the cities and County in the Block Grant Program at the next public. officials
caucus.
Sincerely yo)irs,
f
Daniel 0. Potter
County Administrator
DOP:sal
Attachment
• t
..rte.
a
j
�Cy
1
AGREEMENT FOR INTERGOVERNMENTAL COOPERATION
This Agreement is hereby entered into between Washington
County, a political subdivision of the State of Oregon, and the
City ofa municipal corporation of the State
of Oregon within Washington County, for the purpose. of providing
for the commitment between units of general purpose government
for the undertaking, or assistance and undertaking, of essential
community development housing assistance activities pursuant to
the Housing and Community Development Act of 1974 , as follows:
WHEREAS, the Congress of the United States has enacted the
Housing and Community Development Act of 1974 and the Department
of Housing and Urban Development has adopted regulations pursuant
thereto (hereinafter jointly referred to as the "Act") ; and
WHEREAS, Congress has found and declared that the Nation' s
urban face critical
cities , towns and small urbasocial,
economic and environmental problems; and
WHEREAS, the Congress has further found and declared that
the future welfare of the Nation and the well-being of its citi-
nt and maintenance of viable urban
zens depend on the establishme
communities, large and small, as social, economic and political
entities; and
WHEREAS, the primary objective of said Act is the development
of viable urban communities , by providing decent housing and a
suitable llVirig environment and exp
ardi.ng economic in
! t^
and
WHEREAS, consistent with this primary objective, the Federal
A
assistance provided in this Act is for the support of community
s
are directed toward the following
development activities which
specific objectives:
:- - 2
(1) The elimination of slums, blight and the -prevention of
3
blighting influences and the deterioration of property and neigh-
borhood and community facilities of importance to the welfare of
the community;
(2) The elimination of conditions which are detrimental to
a
i health, safety, and public welfare, through code enforcement,
demo-
lition, interim rehabilitation assistance, and related activities;
a
(3) The conservation and expansion of the Nation 's housing
stock in order to provide a decent home and a suitable living en-
vironment for all persons;
(4) The expansion and improvement of the quantity and quality.
of community services, principally for persons of low and moderate
income, which are essential for sound community development and
for the development of viable urban communities;
(5) A more rational utilization of land and other natural
resources and the better arrangement of residential, commercial,
industrial, recreational, and other needed activity centers;
(6) The reduction of the isolation of income groups within
communities and geographical areas and the promotion of an in-
crease in the diversity and vitality of neighborhoods through the
spatial deconcentration of housing opportunities for persons of
lower income and the revitalization of deteriorating or deterior-
ated neighborhoods. to attract persons of higher income; and
(7) The restoration and preservation of properties of
special value for historic, architectural, or aesthetic reasons,
and ., s
WHEREAS, it is found that certain of these objectives are
pertinent to the concerns and needs of Washington County and its
3 -
F.Y..
communities; and
WHEREAS, Title I of said Act provides that urban counties
f
' may, under some circumstances, receive entitlement for community
development funds in the same
manner as larger cities ; and
WHEREAS, one of the criteria for urban county eligibility is
a countyy population of at least 200, 000 , not including urban
? cities; and
E
f WHEREAS, Washington County desires to count the population
i
i of the City of in order to reach the necessary
i
200,000 minimum population; and
s WHEREAS, the Department of Housing and Urban Development
has specified the minimum provisions which must be included with-
in any interlocal agreement into which local
governments enter
to qualify for urban county eligibility;
i
NOW, THEREFORE, BE IT RESOLVED that the City of
authorizes the inclusion of its population for purposes of qual-
ification of Washington County under the urban county designation
of the Act; and joins together with other units of general purpose
local government to qualify Washington County as an urban county
for Housing and Community Development Act block grant funds and
agrees to cooperate- in undertaking, or assist in undertaking essen- `
tial community development and housing assistance activities ,
specifically urban renewal and publicly assisted housing, subject
to the following: .
(1) That Washington County, as-the applicant, assumes full
responsibility, including final decision-making , and also assumes
all obligations of the applicant as specified in the mousing and
Community Development Act of 1974 and the regulations thereunder.
a
- . 4 -
(2) That for the purposes of developing annual Housing and
Community Development Plans . and Programs as required by Title I
of the Act, a policy board is hereby established which shall guide
the plan and program development, make recommendations to the
County upon the criteria to be utilized in sglecting eligible
Housing and Community Development Act activities within Washington
County and recommend to the County the program priorities.
(3) That said policy board shall be composed of one repre-
sentative or a designated alternate from each unit of general pur-
pose government executing these interlocal agreements. Each such
representative shall have one vote on said board.
(4) That said policy board shall adopt bylaws, study, review,
hold public hearings, supervise the public review and information
process, and recommend to Washington County on all matters related
to the Housing and Community Development Act application.
(5) That following public hearing, the policy board shall
make final recommendation on- the Housing and Community Development
plan and program and housing assistance plan which may be accepted
by Washington County at public meeting and submitted to the Depart-
ment of Housing and Urban Development as the Washington County
application; provided that, should all or part of the recommended
plan not be considered acceptable to the County, the Board of County
Commissioners shall hold at least one (1) public hearing on the
elan and rogram o r L
_ p prior to rejection or a.-►end.^�ent o� �.he. recommended y.
plan.
(6) That projects may be implemented and funds expended in
accordance with subgrant agreements between the County and other
jurisdictions signatory to this agreement. Therefore, said policy
board. may establish any legal method for priority and funding desig-
nation so long as such method conforms to the requirements of the
Act.
•(7) That this agreement shall remain in full force and effect
so long as Washington County qualifies as an.urban county under,
and block grant funding is allocated to Washington County -pursuant
to, the Act; PROVIDED that, either party hereto may elect to rescind
this agreement by giving written notice of intention to rescind in
May of any year. Such unilateral rescission shall become effective
for the program year commencing in the fiscal year following said
notice except for the purpose of managing funds for prior program
years.
IN WITNESS WHEREOF, the undersigned parties have executed
this Agreement this day of , 1978.
BOARD OF COUNTY COMMISSIONERS CITY OF
FOR WASHINGTON COUNTY, OREGON
By:
Title:
Chairman
I hereby find that this Intergovernmental Cooperation Agreement is
in accordance with State and local law.
Gregory S. Hathaway, County Counsel
for Washington County, Oregon
Minutes of Selection tommittee Meeting, Thursday, July 6, 1978.
The meeting was held at City Hall,. in the City Administrator's Office. '
Members of the Selection Committee present: Councilman Alan Mickelson;
City Administrator Raeldon Barker.
Meeting Commenced at 8:05 A.M.
Committee interviewed the following:
Planning Commission
Frank Tepedino
Doug Smith
Recommendations of Committee:
1. • . Reappointment of Frank Tepedino to the Planning Commission.
2. Appointment of Doug Smith to Planning Commission as an
inside the City member.
Meeting adjourned at 8:50 A.M.
Submitted by:
Raeldon R. Barker
City Administrator
'.4
n
r
''1 gi 1111 111,161111111 ii
7e19phone 224-0591
WAY W. LEE
General Contractor,Inc.
5210&E.261h AVENUE
PORYLAND,OREGON 97202
AUL ; 5
June 30, 1978 CITY19 3
• of rr�ARo
Ms. Doris Hartig
City Recorder
City of Tigard
P. 0. Box 23397
Tigard, Oregon 97223
Re: Sign Code Variance Appeal witl, Respect to Signing
Access Point from Pacific Highway - WAYSIDE MOTOR INN
Your letter of March 31, 1978
Dear Ms. Hart.ig:
On March 31, you wrote to Robert Pershing of Security Signs
indicating we could request reconsideration in not less than
120 days from March 27.
We would greatly appreciate the Planning Department giving
additional consideration at this time. The two free standing
signs have made no change in the traffic problem. Our guests
are irritated by the confusion with the same situation existing
as in the past. People drive past the motel looking for an
entrance and end up making "U" turns on the freeway. Our manager
told me just last night that we have had over 20 complaints during
the past month with one woman in tears by the time she got into
the motel yesterday evening. We are losing approximately 107 of
our gross for the current year directly related to the nonidentifica-
tion of the premises.
We would like to propose that the existing WAYSIDE MOTOR INN sign
be moved closer to the street so it can be seen from more of a
distance down the highway so guests can identify it before reaching
the intersection. The free standing signs are now being hidden
by leaves on the trees and shrubs that have grown causing an even
greater problem.
We are aski.n'- for your help'ncav and your coasideration in Letting
us mo-;e the s3c�n and allowing us :.o put an "�ntra::c:_ " nign on the
north int.r-ess of the property.
Very t my yoL ,
Wa, Lee
WWL/da
Gi \-''.L•:.0 a! ' •i[:�'>L-t IC;>(: CO dcC?}r a�J_a1 �.
i .. adding � `i C I' l.o^ tha; � (•Lit:c,.c �cr.:'.d r_� `)::,i t
rcr (.^.rr�,,-t1 ., ;•;f; d: ::; L4, 'u net i= than 120 days
�' 't f� / ?(: . i•.C) adC!; !1J:`=11 ::: .. ��p 1Sc charged
..
far a F�' ` is
be ir.ade ,1S •-i _.. :L f• ..`i .,I ., ... f �.. _ t, o :Jt •:i i ".rc-vious > fr-�ny
signal to _a.r.ai?e-:J j, !•di�;� . •(? a_. . . ! ! as Ct•affic
'' r- alt...tic c , be ral-2,
A �d t
:�1lrov
AS YOU WILL NOTE IN THE ABOVE MOTION, THERE WAS TO BE NO RESUB14ISSION OF THIS
APPEAL BEFORE 120 DAYS OR AFTER 180 DAYS. 120 DAYS FROM MARCH 27, 1978 (the
date of this motion) WOULD BE JULY 25, 1978 AND 180 DAYS FROM MARCH 27, 1978
WOULD BE SEPTEMBER 23, 1978.
N
o-. t
A WEEKLY NEWSLETTER
VOLU14E 1 ISSUE 25 JULY 6, 1978
RESIGNATIONS.
Nancy Edwards has resigned her position as Design Review Planner.
She is presently in Europe, but upon her return she will have three
additional days with the City. Ben Altman, Park Board Representative
and Planner has submitted- his resignation effective July 11, 1978.
Mr. Altman will join the City of Wilsonville. Peter Green and Larry
Svart will remain on line.
TOWN AND COUNTRYDAYS.
Mrs. Nanci Stimler has been reviewing plans for Town and Country Days
Celebrations in August with -the City Administrator and Mr. Meade.
BUILDING DEPT.
Bobbi Greene, Building Department Secretary is leaving for Arizona
on her way to Pennsylvania on Friday.
TEA OFFICERS.
Recent elections were held by the members of TEA. Leonard Cook -
President, Bob Thompson - Vice President, Billie Rawlings - Secretary
and Bob Dunn - Treasurer.
BOUNDARY COMMISSION.
At a "special meeting" last Wednesday evening the Boundary Commission
approved the following annexations: Jolivette on Walnut, Eggert on
Greenburg, and the Care Center on Durham Road. The Krueger request
on 135th was "held over" until July 26th. Northrup on McDonald was
"held over" also. The Bechtold annexation on Bull Mountain ran into
difficulty. The proposal was modified substantially, however both
the Ames subdivision and the Edwards subdivision were annexed to the
City.
CONCRETE RAILROAD•
The City Administrator has investigated an alternative to the
"rubberized" railroad crossings which were considered by Council
for installation on Main Street. The alternative would be -the
installation of concrete modules under the tracks. This is a
system in use in the industrial complex along the Columbia River
in Portland and in other areas throughout the country.