City Council Packet - 09/08/1980 TIGARD CITY COUNCIL
REGULAR MEETING
SEPTEMBER. 8, 1980, 7:30 P.M.
FOWLER JUNIOR HIGH SCHOOL
LECTURE ROOM
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM 14UST
'- SIGN THEIR NAME ON THE APPROPRIATE SIGN-UF HEET(S)
LOCATED AT T'HE BACK OF THE ROOM. PERSONS DESIRING TO
SPEAK WILL THEN BE CALLED FORWARD BY THE CHAIR TO SPEAK
ON THE INDICATED ITEM(S) .
AGENDA:
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPOINT CITY RECORDER PRO-TEM
(a) Recommendation of City Administrator.
5. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS.
6. 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.)
4 (a) Approval of Minutes: August 25 1980'
(b) Approval of Expenditures and Investments: $ 120,912.82
(c) GREENWAY DEDICATION: - approve and authorize signature of Mayor and
City Recorder pro-tem
B & B Development - SDR 47-79 - Shady Lane
7. ORDINANCE No. 80- AN ORDINANCE CORRECTING A COMPUTATION ERROR SHOWN IN
ORDINANCE No. 80-68 SETTING FORTH THE FINAL COST
OF SEWER IMPROVEMENTS IN THE SOUTHWEST PEMBROOK STREET
SEWER LOCAL IMPROVEMENT DISTRICT, SETTING,AN EFFECTIVE
DATE AND DECLARING AN EMERGENCY.
(a) Recommendation of Director of Public Works.
8. TEMPORARY USE PERMIT REQUEST - Sharp & Associates - Office Trailer - 72nd Avenue
and Upper Boones Ferry Road.
(a) Recommendation of City Administrator.
9. APPROVE LESSOR ROAD SANITARY'SEWER AGREEMENT - Authorize .signature of Mayor
and City Recorder pro-tem
(a) Recommendation of Director of Public Works.
4
10. COMMUNITY DEVELOPMENT BLOCK GRANT REPRESENTATIVE. Appointment of elected
+• official.
(a) Discussion by Council.
I
11. AUTHORIZE PURCHASE: detective car - radios under State Forrestry Bid;
Authorize price quotes for relocation of radio bases and antenna.
(a) Recommendatin-i of Chief of Police.
12. LAND USE APPEAL PROCESS
(a) Discussion by Legal Counsel.
13. OTHER
(a) Family Drive-In Problems
(b) Computer Forms
14. ADJOURNMENT
PAGE 2 - COUNCIL AGENDA - SEPTEMBER 8, 1980
7;
T I G A R D CI T Y C 0 U N C I L
REGULAR MEETING MINUTES - SEPTEMBER 8, 1980 - 7.30 P.M.
1 , ROLL CALL: Present : Mayor Alan Mickelson; Councilmen John Cook,
Kenneth Scheckla (arrived at 7 :32 p.m. ); Councilwoman
Nancie Stimler; Chief of Police, Robert B. Adams (left
7 :36 p.m. ) ; Legal Counsel , Joe Bailey (arrived 7 :40 p.m. ) ;
City Administrator, Raeldon R. Barker; Director of Public
Works, Frank Currie; City Recorder pro-tem/Administrative
Secretary, Loreen Wilson.
2. APPOINT CITY RECORDER PRO-TEM
(a) City Administrator recommended Council appoint Loreen Wilson to
ac` as City Recorder pro-teen in the absence of Doris Hartig.
(b) Motion by Councilman Cook, seconded by Councilwoman Stimler to
appoint.
Approved by unanimous vote of Council present.
Councilman Scheckla arrived - 7 `32 P.M.
3. AUTHORIZE PURCHASE: Detective car /radios under State Forestry
Bid & authorize price quotes for relocation of radio bases and antenna .
(a) Chief of Police requested Council approve the purchase of a used
detective vehicle ($3 ,600 budgeted) and the punccase of radios
under the State Forestry Bid ($2,325 budgeted) . Chief also
requested Council authorize him to go out for informal bids on
the radio relocation ($3,500 budgeted) .
(b) Motion by Councilman Cook, seconded by Councilwoman Stimler to
purchase detective car, receive bids on radio relocation and
purchase radios under the State Forestry. Bid process and not
to exceed dollar amounts quoted by Chief of Police.
Approved by unanimous vote of Council present.
4. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS
(a) No one appeared to ;speak.
Chief of Police Left - r7:36 p.m. '
5. APPROVAL OF MINUTES: August 25, 1980
(a) Motion by Councilwoman Stimler, seconded by Councilman Cook to
approve.
Approved by unanimous vote of Council`'present.
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M1
t
6. APPROVAL OF EXPENDITURES AND INVESTMENTS: $120,912 .82
(a) Motion. by Councilwoman Stimler, seconded by Councilman Cook
to approve .
Approved by unanimous vote of Council present.
7 . GREENWAY DEDICATION - approve and authorize signature of Mayor and
City Recorder pro-tem.
. B & B Development - SDR 47-75 - Shady Lane
(a) Motion by Councilwoman Stimler, seconded by Councilman Cook
to approve and authorize Mayor and City Recorder pro-tem to
sign.
Approved by unanimous vote of Council present.
8. ORDINANCE No. 80-75 AN ORDINANCE CORRECTING A COMPUTATION ERROR
SHOWN IN ORDINANCE No. 80-68 SETTING FORTH
THE FINAL COST OF SEWER IMPROVEMENTS IN THE
SOUTHWEST PEMBROOK STREET SEWER LOCAL IMPROVE-
MENT DISTRICT, SETTING AN EFFECTIVE DATE AND
DECLARING AN EMERGENCY.
(a) Director of Public Works requested Council approve ordinance ,
noting that due to a computation error, the final assessment
total was off by $20.00. He recommended the City adjust the
total due on the total assessment to reflect the true
total of all assessments in district.
(b) Motion by Councilman Cook, seconded by Councilman Scheckla to
adopt.
Approved by unanimous vote of Council present.'
9. TEMPORARY USE PERMIT REQUEST - Sharp` & Associates - Office Trailer-
72nd Avenue and Upper Boones Ferry Road.
(a) City Administrator stated that Sharp & Associates had requested
a temporary use permit for no longer than one ,year to place a
mobile 'office trailer on a parcel of property on the corner of
72nd Avenue and Upper Boones Ferry Road. He suggested Council
approve with the condition that a non-remonstrance agreement be
signed ,for 72nd Avenue improvements.;
Legal Counsel arrived - 7 :40 p.m.
(b) After discussi= n by Council and staff, Councilwoman Stimler
moved to approve the temporary use for one year with the follow-
ing conditions :
1 . A non-remonstrance agreement be signed for 72nd Avenue.
2. ' Clear site frontage for visual clearance. '
PAGE 2 - REGULAR COUNCIL MINUTES - September 8, 1980
i
Motion seconded by Councilman Cook,
Approved by unanimous vote of Council present.
10. APPROVE LESSOR ROAD SANITARY SEWER AGREEMENT —Authorize signature
of Mayor and City Recorder pro-tem.
(a) Director of Public Works requested Council approve agreement
between the City of Portland and the City of Tigard to allow
Portland to move sewer from the Lessor Road area of that city
through Tigard lines to the Durham Treatment Plant, The con-
tract sets forth the language to update costs for the connec-
tion to the line that is to be constructed and notes that City
of Portland will handle the LID process used for line construc-
tion.
(b) Lengthy discussion followed by Council as to the effect this
agreement might have on the future restrictions of hooking
up to the City lines in the future. Since the area being
serviced by the new line is in the City of Portland and not
an unincorporated area, the Council felt that the contract would
be in keeping with the current policy for sewer service availability.,
(c) Motion by Councilwoman Stimler, seconded by Councilman Scheckla
to approve and authorizing signing.
Approved by unanimous vote of Council present.
11 . COMMUNITY DEVELOPMENT BLOCK GRANT REPRESENTATIVE - Appointment of
elected official .
(a) After discussion between Council and staff, Councilman Cook
moved to appoint Councilman Brian as representative and City,
Administrator as ;alternate. Motion seconded by Councilwoman '
Stimler.
Approved by unanimous vote of Council present.
12. LAND USE APPEAL PROCESS
(a) Legal Counsel distributed copies of City of Portland; Wash-
ington, Clackamas and Multnomah Counties appeal process
ordinances . He requested Council study these forms and 'proced-
ures and discuss at the September 15th study session.
13 OTHER
(a) City Administrator reported on the Family, Drive-In problems .
He and the' Chief 'of Police met with the State Highway Depart-
ment to work out some remedy to the signal light problems in
front of the drive-in on S.W. Pacific Highway. The State will
investigate and report back to staff. The drive-in has employed
a 'uniformed officer to direct traffic. Public Works Department
has begun digging out some of the driveways along 72nd Avenue
PAGE 3 - REGULAR COUNCIL MINUTES - September 8, 1980
where people park to watch the movie and will finish the work
this week. City Administrator will report back to Council
when he receives a report from the State Highway Dep
tment
and receives a letter from the drive-in setting forth their
approach to the problem.
(b) City Administrator reported
beingtinstalled. Thehad
nextarrived
step infor
the Wang computer and
the process of complete installation of the computer, is to
select a form vendor,
ted bids received and explained
Administrative Secretary repor
the forms involved. The following is a list of bids .
MOORE UARCO
1 ,122.40
Sewer Billings - Alternate #1 $1 , 191 .20 $1 ,565.00
- Alternate #2 1 ,586.90 610.58
Checks
mended the low bidder be awarded
Administrative Secretary recom
the bid for Alternate ' incladeh20Mheewercks fbillingor a tmailerrsoand
$1,732.98. This would roximately one year' s supply
7.5M checks which would be app
for the City.
Motion by Councilman Cook, seconded by Councilman Scheckla to
award bid to Uarco using sewer billing alternate #1 •
Approved by unanimous vote of Council present.
(c) City
Administrator stated the Main Street bookstore is now
available for a month to month basis rental.
he d case
(d) Legal Counsel reported thahetCitGaandnhevdid Tnotrexpect and
been decided in favor of Y
appeal .
(e) Councilman Cook requested staff report on the use of money
for new light installation in the City and asked why the lights
were not installed as of yet.
City Administrator exp
lai
Director of Public Works and ned that
, , year for he new street light installa-
the money budgetedlastrward
tions had not been `ave` 1ble �tbtlecmaneydtooinstall nlights at this
budget and thus we h budgeted
time. Council requested staff submit btpossiblendate. T
amount for new street lights at earliest p ,
(f} Councilwoman Stimler asked when the new restroom
s at Cook Park
would be completed.
PAGE 4 - REGULAR COUNCIL MINUTES September 8, 1980
Director of Public Works reported City was still waiting for
some dividers and did not have a definate date available for
opening.
(g)
Councilwoman Stimler requested staff police the work the Water
District is doing on S.W. Tiedeman Avenue.
Director of Public Works noted that staff has been working with
the water district on this project.
ht
t Hall
(h) Councilman 5checkla advis�dasmafQnthat
Septembersignal
1980 and awanted
& 99W was blinking at 6.00 a .m.
them to be aware of the problem.
(i) Councilman eScheckla
citizens regardingussed some
theotaxthe
basecomments
election in November.
receiv-
ing from the citizens g
of the open-
(j) Director of Public Works requested Council be aware
ing of the Cook Park soccer fields last week.
Recess: 8:40 P.M.
Reconvene: 9:00 P.M.
14. EXECUTIVE SESSION
provisions of ORS 192.060
Council met in Executive Session under the
(2)(a) to discuss TPOA labor negotiations .
City Administrator reviewed with Council the changes TPOA had made
Fred
to the proposed 1980-82 Contracthanges andtoness1.gnificanrepared btychange. Most
There were several mi
of the minor changes involved the adding of �nwasfintArticcledate
25for
of
some of the new benefits . The biggest
sthchaeg the 60 days of sick
the contract (sick leave) .
leave to 90 days .
that TPOA had ;made some minor changes to
It was also pointed out
Exhibit "A" (Pay Plan)_.
Adjourned Executive Session: 9 .28 P.M.
RECONVENE REGULAR SESSION: 9:28 P.M. ?
15. Motion by Councilwoman `Stimler, seconded by Councilman Cook to
ratify the 1980-82 contract 'between the City and TPOA with the follow-
ingchanges:
1, Article 28 Insurance Benefits
provide salary injury when
Long Term Dasa 1 zty.
two months have elapsed from the time of disabling injury
or illness (was three months) .
PAGE 5 REGULAR COUNCIL MINUTES - September 8, 1980
t.
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2 . Article 25, Sick Leave
Reference to 90 days of sick leave to be changed to 60 days
of sick leave in subsection (a) and (b) .
3 . Article 30, Clothing and Uniform
The City shall provide every uniformed employee with one (1)
cleaning per week of the required uniform, and the City shall
provide cleaning for the duty jacket on a quarterly basis as
per the bid of One Hour Martinizing, 12155 S.W. Mann Street,
Tigard, Oregon, dated March 28 , 1980.
Motion to ratify with changes approved by unanimous vote of
Council present.
16 . ADJOURNMENT: 9:30 P.M.
f rr
ity Recorder pro-tem
ATTEST• rte,,
M4y'Q'f
{
PAGE 6 -- REGULAR;'COUNCIL MINUTES - September 8, 1980
PAYMENT OF BILLS FOR COUNCIL APPROVAL
PROGRAM BUDGET August 31, 1980
Community Protection
Police 4,208.26
Public Works 318.93 -
Municipal Court 857.41
Planning 683.69
Building 377.57
Total Community Protection 6,445.8b
Horne & Community Quality
Public Works 3,449.50
Social Services
Library 3,587.51
Aged Services
Youth Services
Historical
Total Social Services 3,587.51
Policy & Administration
Mayor & Council 110.93
Administration 668.56
r Finance 1,576.94
Total Policy & Administration 2,356.43
City Wide Support Functions
Non-departmental 17,405.25
R
Misc. Accounts (refunds & payroll deductions, etc.) 23,768.78
CAPITOL, BUDGET
Community Protections
Road Acquisition & Dev.
Parks Acquisition & Dev. 1,829.74
Storm Drainage
Total Community Protection 1,829.74
Support Services
Senior Center 3,067.85
DEBT SERVICE
General ObligationBond
Bancroft Bond 50.00
UNIFIED SEWERAGE AGENCY
Contract 53,951.90
TOTAL AMOUNT OF CHECKS WRITTEN 120,912.82
ASS CT , INC.
C ® N T R A C T 0 R S�
PHONE 646.5136
P.O, BOX 276 12745 S.W. BEAVERDAM RD.
BEAVERTON, OREGON 970305
August 27, 1980
Mr. Raeldon Barker
City Administrator
12$20 S.W. Main
Tigard, Oregon 97223
Attention: City Council
Bear Sirs: Re: Temporary Use Permit
We wish a temporary use permit---over six months--for an office
trailer to be located on a small portion of our property at S.W.
72nd and S.W. Upper Boones Fury. Rd.
We have contacted the Unified Sewage Agency in Hillsboro and
advised them of our intent. They informed us that the City of
Tigard: would furnish us with the sewer connection permit.
The exact date of the :Hove has not been determined but will
be sometime in the future. However, we wish to have the paper
work started. Please advise. Y
Very truly yours,
SHARP & ASSOCIATES, INC.
- Orval" �3oz s o
President
ODJ/jd
P
C44 6
or
of any communication, l5) What is wrong with the Ei on le
.�oranda, or other materials recommendation and what decision the
pre; .uc '. in cu cti�m with the particular case appellant is asking to be made.
unk.<=: thr parts:•, are provided the same and are (b) If the appeal Substantially mce.ts the
af�orded an r,,pPor2unity to contest the material forep orng rc'gcrirernents,and if no member of the
so notieed commission has requested review within
ig1 When prior to, or in the course of a fourteen days after the decision is filed, the
hearing, the hearings officer finds that the case auditor shall set a date for a public hearing
raises a substantial question involving either the before the rounci► and, no less than fotrrteen
application to a policy or the interpretation of a days prior thereto, shall give notice thereof to all
general teen that has not been defined in persons nall
otified of any previous
indthe
sufficient detail; the officer may certify that persons svho have made an apt
question of application or interpretation in matter.
written form to the commission for their deter- (c) Interested city departments and any otter
minatihn. interested persons may submit a written
The commission in that event at its discretion statement responding to the appeal no later than
may elect by a majority vote of its members to ten days prior to the date set for
issues setnder
ting-
accept or reject the officer's request for a code forth contentions regarding cthe uchstatement ei
interpretation. When such a question is accepted review by the council. Any
so
tiv the colrtmission, the party or parties may filed shall be added to and made a part of the
submit in writing his/their view(s)as to what the record to be considered by the council be
re shall
hould be. Parties reaching a decision on appeal, and a
application or interpretation scopy
shall restrict 'their statements to the issue of be provided to interested parties.
interpretation or application as stated by (d) Upon review, the council may affirm,
hearings officer and shall not present the coni- reverse or modify in whole or in part any
mn with arguments or evidence immaterial decision of the hearings
missioofficer or the
to site determination sought even though such commission. The council shall accompany its
evidence or argument may be relevant to the decision with a statement setting forth its
_ for the decision it
_hearing officer's final decision on the findings and the reasons
application, reached.'
r- Action by t
The commission shall render its written detehe council shall be decided by a
mirurtionwithin,thirty days after receipt of the vote of,the majority of its members and shots be
question from the hearings Officer. Said decision taken either at that or a subsequent meeting.
- shall io transmitted to tile hearings officer who The council shall hear the matter no later than
will thenapplylhe interpretation orapplication thirty days after the appeal from the decision of
made to the case and render a decision on the the hearings 'officer, or if` the commission
applicant's request. undertakes the questiofrom tile of review,within thirty'
days of the tiling of an appeal he
33.114.074 :Appeals. (Amended by Ord. No. commission's decision in accordance with this
139117,' 139702, 141105, and 14387' passed section.
and effective .Dec. 13'; 1979.) (a) Appeals shall If the council disagrees with the assessment of
he filed with the auditor oil form- provided by relevant factual evidence trade by the hearings
the conimissiori and ,shall state separately and its
assessment commission,
either
by references to ufactst and
clearly:
(1)The interest of the appellant. evidence in tyle record or conduct its own
d2i t interest is hearing on such questions) of fact.
How and in what ways tha
If the council finds that the herrings officer
z1<rntagcd
(3) Any incorrect facts that weir mistakenly or commission has made an error in an
` retires on in the decision or rect�mmendafion application or interpretation of the code or ;
beim_ appealed. adopted landusepolicy t' shall state both what
(4) Ain part of the zoning code or other law, the error was and shat the correct policy
if any, clam-led to be'violated by the decision or interpretation or application should be.
t (e) A verbatim record of the proceeding<:shall
n beim., ❑ppcaled.
1794
A!AIl'NISINA IIO\ \I' I \I OR('I %II �l
be made by'oral, written, or me.chanacal meaais, unless an appeal from the commission's decision,
which record need not be transcribed except subsequently is filed isi accordance with
upon review of the record by a court of law or 33.114.070, or council actiost is otherwise
upon remand to the commission or the hearings needed.
officer. (b) Interested city parties and any other
interested persons may submit a written
33.114.080 (Amended by Ord. No. 139117, statement responding to the review order no
139702, 141105; and 148872 passed and tater than ten days prior ,o the date set for
effective Dec. 13, 1979.) Appeals or decision review, setting forth contentions regarding the
reviewed by the planning commission. issue under review. Any such statement so filed
(a) At its first regular meeting after the filing shall be added to and made ., part of the record
of any appeal or decision requested to be to be considered before reaching a decision on
reviewed by any member, the commission may, review, and a copy shall be provided to
by a majority vote of its members present, elect interested parties.
to review any such appeal or decision filed if the (c) Upon review the commission may, by
commission concludes that the action raises resolution, affirm, reverse or modify in whole or
issues of such policy significance, or of such in part, any decision, determination or
importance to the city or a significant portion requirement of the hearings officer. When the
thereof, as to require the advice and attention of commission modifies or renders a decision that
the commission as the planning agency of the reverses a decision of the hearings officer, the
city. commission, in its resolution, shall set forth its
(b) Upon a vote by the commission to review, findings and shall state its reasons for taking the
the commission shall issue an order stating the action encompassed in the resolution. When the
scope of tile review: commission elects to remand the matter back to
(1) On the record made before the hearings the hearings officer for such further
officer, or consideration as it deems necessary, it shall
(2)A de novo hearing on the merits,or include a statement explaining the error found
(3) Limited to such issues as the commission to have materially affected the outcome of the
° determines necessary for a proper resolution of original decision and the ,fiction necessary to
the matter. rectify such.
(c)The order of review shall include: (d) Action by the commission shall be
(1)A reference to the appeal or decision to be decided by a majority vote of its members
reviewed. present at the meeting at which review Nvas made
(2) In the case of an appeal a statement of the and shall be taken either `at that or any
interest of the appellant to identify party status subsequent meeting. The commission shall
and the specific grounds relied upon in the resider its decision no later titan forty-five (45)
appeal; days after voting to review and shall file that
(3)The date of the hearing on review. decision with the city auditor within ten (10)
(d) No less than fourteen days prior thereto, daivs after it is rendered. The commission's
the auditor shall give notice`of the hearing;to decision shall be final unless an appeal from that
those persons notified of the initial hearing and decision is filed in accordance with 33.1 ]4.070
those who have made an appearance in the within ten (10)days after it is rendered.
matter. (e) A verbatim record of the proceedings shall
be made;by oral, written or mechanical means,
33.114.090 Procedure upon commission's which record need not be transcribed except
review. (Added by Ord. No. 148872 passed and iit)on review of the record by an appeal to the
effective Dec. 13, 1979.) (a) ;Upon the council, ;appealto a court 'of law; or upon
commission's decision-to review, the auditor remand to the hearings officer.
. e
shall not schedule the matter for council action
1794-3 12-13-79
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APPEAL OF THE HEARINGS OFFICER OR PLANNING COMMISSION'S DE(,ISION
Please use black, riot blue ink
Appellant's Name:
Interest of Appealing Party: j
Mailing Address and Zip: —
Daytime Phone Number: File Number:
Date of Hearings Officer or Planning Commission Decision:
An appeal must be filed within the time limit specified by the code. Appeals shall
be filed with the City Auditor in City Hall , 1220 SW Fifth Avenue, Room 202. The
appeal shall state separately and clearly the following:
1. The interest of the appellant.
2. How and in what ways that interest is damaged.
3. Any incorrect facts that were mistakenly relied on in the decision or
recommendation being appealed.
4. Any art of the zoning code or other law, if any, claimed to be violated
by t e decision or recommendation being appealed.
5. What is wrong with the decision or recommendation and what decision
the appellant is asking°to be made.
Address these five points on this page and the attached sheet. Additional sheets
may also be attached.
City of Portland
Land use appeal form
r
a t80 'U'
CILLI . If any article,
section, sub-aaction,
sub-division, phrase, cl"sa, santenOG
or mrd in this
Ordinance shall fon- any rgagon be held invalid or un
consstittntiona3 by a ccaurt of co to nt jurisdiction#
it shall not nullify the r under of this Ordinance,
but shall bare confined to the article, section, su-b-
s dorm, sub-division, clnuse, sentence or word so f
hold invalid sT unconstitutional'
t
10.00 COMMICTIW CR]Dnvu=3 M REBOLUTIONS- All previously
ted ordinances, resolutions or partes thereof '
e
conflict with this ordinance, to the extent of such
conflict and no further, are hereby repealled-
11.E TATION. It shall be
the duty of the Planning
t
ccesaission to interpret the Zoning ordinance. `Mese
interpretatiorn& shall be in writing an shall be ea-
taUliahad, as policy
of the planningis sion.
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13.00 APPEALS �a@7D PROCEDURE.
5
12.10 All decivions of the Board of Adjustment may► be
persons aggreiv thereby, to e
appealed, by any F i
the Board of County Coomissionarm within ten q1C�
l
days of such decision.
13:101 Notice ®f ppeaxl ehall be filed in writing
In this office of the planning Cosisaion.In
13.103 'The Board of County
Couxsi.sasioners shall
hold ,a public hearing to consider such
appsal and the decision
s
L
L
F'
Multnorrnh County
x ,
®f the Board o8 Adjustment, and may affirm, ravaraa
or modify such decision in whole or in part.
12.103 The Board of County Commissioners may table any item
and continue any hearing in order to obtain addi-
tional information. Persons previously notified as
provided herein need not be notified of the-resump-
tion of said hearing unless the Board of County
C0=1amioners so orders. 3
12.104
Not of the tirie, place and purpose of the Board
of County Commisaioners hearing shalt be giv®n in
the manner provided in Section 8.13.
sion may be appealed by
Coia
12.20 All decisions of the Planning
by, to the Board of County Commis-
any persona aggreiv®d there
aionere within ton (10) days of such decision.
filed In writing in the office
12.201 notice of appeal shall be
of the Planning Commission.
12.202 The Board of County Commissioners shall hold a
g to consider such appeal and the
public h®wrin
decision of the Planning CO ission. The Bard
of County Commissioners may affirxa, modify,` or
reverse the decision of the Planning Commission
in whole or' in part, and may refer the matter back F
to the Planning Commission for reconsideration or g
to prepare appropriate ordinance drafts in' accor
-
dance withthe hoard of County Commissioners
determination.
Csionera may table any
12.203 The Board of County &
obtain
Item, and continue at,v hearing in order to #.
- Multnc-7,sh County
a
-155-
additional information. Persons previously notified
as provided herein need not be notified of the re-
sumption of said hearing µnless the Board of County
Commissioners sb ordere.
12.204 Notice of the time, place and purpose of the Board
of County Commissioners hearing shall be given in
they manner provided in Section 6.37•
i
i
's
1
i
i'
Multnomah County 1
MU T�q -OMAIi COUNTY
J EPARTMENT OF ENVIRONMENTAL SERVICES
DIVISION OF PLANNING AND DEVELOPMENT FILE NO.
NOTICE OF REVIEW
(See sheet entitled Appeal Procedure and)
Ordinance No. 100 for more information)
I Name:
Last Middle First
3. Address: ,
Street or Box City State and Zip Code
3, Telephone No.
4., (If serving as representative of other persons, list their names
and addresses:
5. What is the decision you wish reviewed? (e.g., denial of variance)
5a„ The decision to be reviewed was announced by the:
(x) Planning Commission ( ) Hearings Council ( ) Board of Adjustment
(Check One) on , 19
5b. Date written decision filed with Clerk of the Board
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5c. Date Notice of Review received by Planning Director
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(Leave Blank).
6. On what grounds do you claim status as a party pursuant to
Subsection 12.24, Ordinance No. 100?
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7-.* Grounds for Reversal of Decision (Use additional sheet if necessary)
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8. Scope of Review: (Check One) :
(a) on the record
(b) on the record plus additional testimony and evidence
(c) de novo (i.e., . full re-hearing)
S. IF YOU CHECI= 8 (b) or (c), YOU MUST USE THIS SPACE TO PRESENT THE
GROUNDS ON WHICH YOU BASE YOUR REQUEST TO INTRODUCE NEW EVIDENCE.
(Use additional sheet if necessary) (For further explanation, see
separate handout entitled "Appeal Procedure", page 2)
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10. Account of Fee Received
(Leave`Blank)
11. Date. Fee Received
(Leave Blank)
Signed
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1_.38 A verbatim record of the proceeding shall be made by written, mechanical
' or electronic means, which record need not be transcribed except upon
review on the record.
11.39 The Hearings Officer may set consistent, reasonable time limits for
oral presentations to the end that parties are encouraged to submit
as much evidence as possible in writing prior to the hearing.
11.310 All exhibits received shall be marked so as to provide identification
upon review. Such exhibits shall be returned when the period for re-
view has expired, but shall otherwise be preserved by the Planning
Director. Evidence may be received subject to a later ruling as to
its admissibility.
11.311 The Hearings Officer shall neither:
A. . . .Communicate, directly or indirectly, with any party or his repre-
sentatives in connection with any issue involved except upon
notice and opportunity for all parties.to participate;
B. . . .Take notice of any communications, reports, staff memoranda, or
other materials prepared in connection with the particular case
unless the parties are afforded an opportunity to contest the
material so noted; nor
C. . . .Inspect the site with any party or his representatives unless
all parties are given an opportunity to be present. The Officer
may inspect the site alone, but must put the circumstances of
the inspection on the record.
11.312 A party may challenge the Hearings Officer on grounds of A, B, or C
of Section 11.311 above, or that such Officer has a legal conflict of
interest. A:written challenge `must be delivered by personal service
to;the Planning Director and the Hearings Officer not less than three
(3) days preceding the time set for public hearing. A, challenge and
the decision thereon by the Hearings Officer shall be entered in the
record of the action.
ll.= REVIEW BY BOARD OF COUNTY ML'?ISSIO\ERS:
11.41 The decision of the Hearings Officer shall be final unless a notice of
review from an aggrieved party is received by the Planning Director
within fifteen M?) days of decision on the; proposed action, or unless
the Board of County Commissioners, on its own motion, orders review
within fifteen (15) days of initial action.'
11.42 ^.evie;a by the Board of County Commissioners shall be accomplished in
accordance with its :own adopted Rules of Procedure. The Board of County }
Co missioners inay continue its :hearing from time to tide to ,gather
additional evidence or to consider the application fully. If the 'matter
:s co t_n-jec to a time certain, -no ad,^ icnal• notice need be given of
continued .._arings, unless ozheri.ise D_ovi;ed by the Board.
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11.43 Notice of hearing and a record of the proceeding shall be the same as
are referred to in Sections 11.22 and 11.38.
11.44
A. . ..A notice shall be accompanied by the required fee set forth in
the fee schedule in Section 11.5, plus a deposit to cover the
estimated costs of transcript as specified by the Planning Director,
which deposit shall be paid within five (5) days of such estimate
to the Planning Direr tor. Within ten (10) days of notice of com-
pletion of a required transcript, the party seeking review shall
transmit tha balance due of any required transcript fee to the
Planning Director. Any surplus monies resulting from the deposit
after the transcript fees are deducted are to be returned to the 3
depositing party. Extra copies shall be provided by the County
at cost. Failure to comply with this Subsection shall be a juris-
dictional defect. Notice of review shall be a condition precedent
to judicial review of final orders pursuant_ to Section 13. No
fee shall be charged for a recognized neighborhood organization
seeking review. A free copy of any transcript would be available
to any recognized neighborhood organization.
B. ..Every notice of review shall contain:
1. . ..A reference to the action sought to be reviewed;
_ 2. . ..A statement of the interest of the petitioner to determine
his party status;
3. . . .How the action of the Hearings Officer was in error, and b
what the Board of County Commissioners should do to rectify
such; and
4. . . .The date of the decision. ;
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11.45 Unless otherwise provided by the Board of County Commissioners under
Section ;11.46, the review 'of the decision shall be confined to the
record of the proceeding below, which shall include: {
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A.. ..All materials, pleadings, memoranda, stipulations and motions
submitted by any,party to the ,proceeding and received or con- E'
sidered by the Hearings Officer as evidence; i
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B. ...All materials submitted by the Planning Director with respect 4
to the application;
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C... .The transcript of the -'nearing; and j
D.. . .The findings and action of the Hearings, Officer and the notice of t
review.
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11 .4b The Board of County Commissioners may admit additional testimony and
other evidence without holding a de novo hearing or hear the entire
matter de novo, if it is satisfied that the testimony or other evi-
dence could not have been presented at the initial hearing. In de-
tiding such admission, the Board of County Commissioners shall consider: '
A. . . .Prejudice to parties;
B_. ..Convenience or availability of evidence at the time of the
initial hearing;
C. —Surprise to opposing parties;
D.. . .When notice was given to other parties as to an attempt to admit;
and J
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E. . . .The competency, relevancy and materiality of the proposed testi- j
mony or other evidence.
Upon the decision to admit additional testimony or other evidence, or
to hear the entire matter de novo, the presentation of such testimony
and evidence shall be governed by the procedures applicable to the
presentation of such matters at the initial hearing.
11.47 The Board of County Commissioners may affirm, rescind or amend the
action of the Hearings Officer and may reasonably grant approval sub-
ject to conditions necessary to carry out the Comprehensive Plan and
as provided for in Section 11.35. The Board of County Commissioners
may also remand the matter back to the Hearings Officer for additional
information.
A..`. .For `all cases the Board of County Commissioners shall make find-
ings based on the record before it and any testimony or other
evidence received by it and made a part of the record,; as justi-
fication for its action.
B. .'. .The'Board of County Commissioners shall state all decisions upon
the close of its hearing or uponcontinuance of the matter to a
time certain.
11.48 All findings and orders of the Board of.County 'Commissioners shall be
entered into their journal and will be effective upon such entry.
A.. . .The Board of County Commissioners may rehear a matter before it
either on its own :notion or upon a petition for;rehearing sub-
mitted within ten (10) days of its action by an aggrieved party
in the manner provided for by Section 11.4-1 for notices of re-
view, provided, however, that no fee need accompany such petition.
B. . :;owever, 'no petition or :notion for a rehearing shall be granted
unless a majority of the Boar: of County Commissioners Consents.
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C. . . .if rehearing be granted, the application shall be heard as a new
mony and evidence theretofore re-
review except that all testi
ceived shall be included in the record.
D. . ..No action shall be reheard more than once.
E. —The Board of County Commissioners shall act upon the request
eceipt thereof, unless such time
within sixty (60) days of r
limitation be extended with the consent of the parties. If no
action is taken within sixty (60) days without such consent, the
decision of the Hearings Officer is deemed final.
11.5 FEES:
11.51 Fees payable at the time of application shall be as established by the
Board of County Commissioners, unless initiated by order of the Plan-
ning Commission, Board of Adjustment, or Board of County Commissioners,
for which action there shall be no fee.
11.52 The failure to submit the required fee with an application or notice
checks unpaid or other failure of con-
of appeal, including return of
sideration, shall be a jurisdictional defect.
ssioners may reduce or waive the fees upon
11.53 The Board of County Commiy
showing of just cause to do so. ( 1
11.6 ADMINISTRATIVE RESPONSIBILITY OF THE PLANNING DIRECTOR:
13.61 The Planning Director or his delegate, subject to the,direction of the
Board of County Commissioners, shall perform the following duties:
A. . . .Schedule:and assign cases for initial,hearing and review;
B. ...Conduct all correspondence of the Hearings Officer;
C. . ..Give notice as required by this Ordinance; "
D....Maintain dockets and minutes of all initial hearings;
E. ...Compile and maintain all necessary records, files and indexes;
F....Maintain a filing system for docket control r.�f all matters coming
on- for-hearing or review;`
G. . . .Enter into the record all continuances, postponements; dates of
giving notices and a summary of all actions tall-en by the Hear-
ings Officer or other persons pursuant to this Ordinance;
H....Enter into the minutes the decision upon each matter initially
beard and the 'reasons for the decision;. ,
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Any other person who demonstrates,to the hearings
officer or body that his legal rights are affected
. by the outcome of the hearing and subsequent
action on a specific application.
"Appearance of record" shalt mean either:
t!)' An oral statement sufficterct•iy Identify1mg
the person making the Sam or by his attorney,
° ! _ wade at the initial hearing of the proposed
action; or
C2) A written statement giving the name and
address of the person making the appearance,
signed by him or by his attorney, and filed
with the Planning Director.
2201-3.11 A verbatim record of the proceeding shall be made
by oral, written or mechanical means uhi&� record
need not be transcribed except upon review on tlx:
record.
2201-3.12 The hearings officer or body may set reasonable time
limits `nor oral presentations to-the end that parties
are encouraged to .submit as much evidence as possible
in writing prior to the hearing and he or it may-ex-
elude or iimit cumulative, repetitious or immaterial
matter,
2201-3.13 All exhibits received shall be m.arksd so as to pro-
vide Identification upon review. Such exhibits shall
t` he returned when the period for•revlow has expired,
but shall otherwise be preserved by the Planning
Director. Evidence may be received subject to a
later ruling as to its admissability.
" 2201-3.14 The hearings offing or body shall nelther:
a. Communicate directly or Indlrectly, with any
party or his representatives in connection with
any- issue involved except upon notice and oppor ;
F f"tuni#y for al parties to,participate;nor
'Take notice of any ccmmnunication, reports, Staff_
memoranda, or other materials prepared in con- z
motion with the particular case unless tho
. ° parties are afforded an opportunity to contest
the material so noticed; nor
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2201-4 Raaylew by B®and #
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2201-4.1 The decision of the hearings officer or body shall
a be final unless a notice of review from an aggrieved
party is received by ;She Planning Director within 10
days of initial action on a proposed action or unless F,
the Seward, on its own motion,orders review within ,
s 15 days of initial action, k
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7-201-4.2 Review by the Board shall be accomplished in accor-
dance with Its own adopted Rules of Procedure. The
Board may continue Its hearing from time to time to
gather additional evidence or to consider the appli-
cation fully. Unless otherwise provided by the
Board no additional notice need be given of continued
hearings If the matter Is continued to a time certain.
,e 2201-4.3 Notice of hearing and a record of the proceeding
a shall be the same as required for Initial hearings
on proposed actions.
2201-4.4 Every notice of review shall contain:
to. A reference to the application sought to be
reviewed..
b. A statement of the Interest of the petitioner
to determine his party status.
c. The specific grounds relied upon in the petition
request for review.
d. The date of the decision of the initial action.
The notice shall be accompanied by the required fee
• pursuant to Chapter 2400 plus a deposit to cover the
estimated costs of the transcript as specified by the
Planning Director, which deposit shall be paid within
5 days of such estimate by the Planning Director. Within
10 days of such notice of completion of a required
transcript, the party seeking review shall transmit
the balance due of any required transcript fee to
be returned to the depositing party. Failure to
comply with this subsection shall be'a jurisdictional
w defect. Notice of review+ shall boa condition pre-
cadent to judicial review of final orders pursuant
to Section 2301.
2201-4.5 Unless otherwise provided by the Board under Section
2201-4.7, the review of the Initial
action shaII be confInod'to the record of the,pro-
cooding below, which shall Include:
a. All materials, pleadings, memoranda stipula-
flons and motions submitted by any party to
the proceeding and received or considered by
the hearings officer or body as.evIdence.
b. All materials submitted by the Planning Director'
with respect to the appfIcatlon.
c. The transcript of the hearing below.
d. The findings and action of the hearings officer
or body and the notice ofreview,
e. Argument by the parties or their legal represen-
tatives at the time ofreview before the Board.
2201-4.6 I.Bview by the Board upon notice of review by an
aggrieved party shall be limited to the grounds
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railed upon In the petition or request for review
provided for In Section 2201-4.4(c) of this Article.
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2201-4.7 The Board may admit additional testier and other
evidence without holding a de novo hearing or hear
` the entire matter de novo if it is satisfied that
the testimony or (tAJ evidence could not have
been presented at the Initial hearing. In deciding
such admission, the Board shall consider:
a. Prejudice to parties;
b. (convenience or availability of evidence at the
tine of the Initial hearing;
C. surprise to opposing parties;
d. When notice was given to other parties as to
an attempt to admit; and
ea. 'The competency, relevancy and anterialit; of
the proposed testimony or other evidence.
Upon the decision to admit additional testimony
or other evidence, or to hear the entire matter
do novo, the presentation of such testimony and
u eviderce shall be governed by the procedures ap-
piicable to the presentation of such matters at
the Initial hearing.
2201-4.8 The Board may affirm, reverse or amend the action
of the Initial hearings officer or body and may
r reasonably grant approval subject to conditions
necessary to carry out the Comprehensive Plan and
as provided for in Section 2201-3.7. The Bo--rd
may also remand the matter back to the hearings
officer or body for additional information.
b a. For all cases the Board shall make findings
based on the record before it and-arty testimony
or other evidence received by it as_justifica-
tion for its action.
b`. The Board-shall pate all orders upon the close
of its hearing or upon continuance of the matter
to,a•time cartain.
2201-4.9 Action of.the Board pursuant to Section 2201-4.E
shall not become final until the first succeeding
business day ,following the next regular Board meet-
Ing.
0. The Board may rehear.a matter before It either
on:its own motion or upon a petition for`ro-- i
hearing submittedwithin ten (10) days of its
ti action by an aggrieved party In the manner pro-
vided for by Section 2201-4.4 for notices of
review provided, however, that no fee need
accompany such petition.
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(503) 639-3101
TUALATIN DEVELOPMENT CO., INC.
15300 S. W. 116th Avenue TIGARD, OREGON 97223
August 21 , 1980
Tigard Planning Commission
City of Tigard
12420 S.W. Main
Tigard, Oregon 97223
MEMBERS OF THE PLANNING COMMISSION:
It is evident that there is a degree of inconsistancy between
the Planning Commission and the Tigard City Council with regard
to their respective viewpoints and interpretation of issues per-
taining to the planned unit development process, housing needs
for the city, density, ordinance requirements, etc. l would like
to propose an informal joint study session between the members of
the Tigard City Council , the Planning Staff, Members of the Planning
Commission, and representatives of the Homebuilding industry. The
purpose of such a meeting would be to achieve a better understanding
for each in these issues. Afterall , we are all committed to the
same goal - servicing the housing needs for the residents of Tigard.
We want to offer a community with a Wide Variety of housing types
at a reasonable cost to the buyer, fully utilizing land already
within the city so as to .Minimize the necessity of developing resources
outside the city. By exchanging ideas and 'viewpoints `on these items we
can better address ourselves to 'these,goals.
1 thank you for your consideration of 't his proposal .
Sincerely,
TUALATIN DEVELOPMENT CO. , INC.
Vlad Voytilla
Designer/Project Manager
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Department of Lard Conservation and Development
VICTOR rnveN 1175 COURT.STREET WE., SALEM, OREGON 97310 PHONE (503) 375-4928
August 14, 1980
The Honorable Alan Mickelson
Mayor, City of Tigard
P.O. Box 23397
Tigard, OR 97223
Dear Mayor Mickelson:
Your request for Acknowledgment of Compliance with the Statewide
Planning Goals has been tentatively scheduled for consideration by
the Commission at the meeting on December 4 & 5, 1980 in Salem.
Your Field Representative, Linda Macpherson, will be in contact with
you soon to go over the acknowledgment review process and the
preparation of our staff report.
Please feel free to call her at 229-6068 if you have any questions.
Sincerely,
ames B. Knigh
Field Division ervisor
JBK:DJ7_:mg
2773A
cc: Washington County Board of Commissioners
Sue Klobertanz, Coordinator
Linda Macpherson, Field Representative
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9-4-80
M E M O R A N D U M
Please review draft of "Request For Proposals" for Cable TV Franchise.
This will be on Council agenda in about one month for Council approval.
A cable TC Consultant will be present at that time to answer questions.
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NOTICE
There will be a meeting of the 'Committee To Abolish Miatro'
at the Multnomah County Courthouse (Office of Dari Mosaie
on Friday, September 12, 1980 at 10:30 A.M. Council and
staff are invited to attend.
Questions should be directed to Bob Goldstein at 244-2266.
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