City Council Packet - 09/22/1980 TIGARD CITY COUNCIL
REGULAR MEETING
SEPTEMBER 22 , 1980, 7 : .30 P.M.
FOWLER JUNIOR HIGH SCHOOL
T.FCTTTRR Rnnm
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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: (Ali 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: September 8 & 15, 1980
(b) Approval of Expenditures and Investments: $47,406.87
(c) Monthly Reports - Receive and File
Building Library Police
Finance Planning
(d) Subdivision Compliance Agreement & Performance Bond - Receive and authorize
signature of Mayor and City Recorder.
. Kneeland Estates - A. Larry Grayson Company
(e) Sewer Easements - Accept and authorize signature of Mayor and City Recorder
. SW 74th Street L.I.D. Sewer Easement - Harvey E. King
• Barbee Court - Villa La Paz Apartments
6. RESOLUTION No. 80 -_84 A RESOLUTION EXPRESSING APPRECIATION OF THE CITY OF TIGARD TO
DONALD L. REA FOR PUBLIC SERVICE AS A MEMBER OF THE TIGARD
POLICE DEPARTMENT.
(a) Presentation by Mayor.
7. RESOLUTION No. 80- A RESOLUTION OF THE TIGARD CITY COUNCIL INCREASIP:G GARBAGE
RATES DUE TO AN M.S.D. RATE INCREASE.
(a) Presentation by Carl Miller.
8. RESOLUTION No. 80- A RESOLUTION OF THE TIGARD CITY COUNCIL TRANSFERRING FUNDS.
(a) Recommendation of Finance Director.
9. RESOLUTION No. 80- A RESOLUTION OF THE TIGARD CITY COUNCIL SETTING ASIDE
FUNDS IN A TRUST ACCOUNT FOR BANDSTAND CONSTRUCTION.
(a) RecommandaLIOit of Finance DiLectu L.
10. RESOLUTION No. AQ- A RESOLUTION OF TICAFD RITV ut-11mir-II FROVIDINIC FOR A
REDUCTION OF THE MAINTENANCE GUARANTEE BOND FOR LAUNA
LYNDA SUBDIVISION.
(a) Recommendation of Director of Public Works
11. AWARD CONTRACT - Senior Citizens Center
(a) Recommendation of City Administrator.
12. AWARD CONTRACT - Walnut Street Sewer LID
(a) Recommendation of Director of Public Works.
8:00 P.M. PUBLIC NOTICE HEARINGS & MEETINGS
13. PUBLIC MEETING - The purpose of this meeting is to solicit citizen views and
comments on the planning, implementation and evaluation of Washington County's
Community Development Block Grant (CDBG) program. The third year of Washington
County's participation in the CDBG program will commence July, 1981.
(a) Summation by City Admin:.strator
(b) Public Testimony
(c) Council Consideration
PUBLIC .NOTICE HEARINGS
14 . ZONE CHANGE PLANNED DEVELOPMENT DISTRICT, ZCPD 24-80 and VARIANCE,
V 10-80 (Oregon Education Association Phase II Construction) NPO 464
A request by Balsiger Shewbridge Architects for a Zone Map Amendment from
the City of Tigard C-3 "General Commercial" to City of Tigard Comprehensive
Plan designation CP-PD "Commercial Professional Planned Development District"
zone with a request for a building height variance from forty five (45') feet
to seventy five (75') feet located on 32.42 acres on the east side of 72nd Avenue
and on the north side of Atlanta continuing to the north side of 67th/Atlanta
intersection and on the west side of I-5 (Wash. Co. Tax Map 1S1 36DA, Tax Lots
100, 101, 102, 902 & 2300) .
(a) Recommendation of Planning Commission
(b) Consideration by Council
(c) ORDINANCE No. 80- AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN
APPLICATION FOR AN AMENDMENT TO THE 1970 MAP OF THE CITY
OF TIGARD AND FIXING AN EFFECTIVE DATE. OREGON EDUCATION
ASSOCIATION PHASE II CONSTRUCTION.
15. SUBDIVISION S 6-79 and ZONE CHANGE PLANNED DEVELOPMENT ZCPD 25-80 NPO 466
(Golf Creek Estates)
A request by Michael D. Elton for a resubmittal of a Subdivision application
located at the southwest corner of SW 108th and SW Durham Road with a Zone
Mir. Amendment from Ciry of Tigard n-7 to City of T;onrd �:mm�rPhanciyP P1 an
Designation '--SPD ( dash. Co. Tax Map 2S1 15A, Tax Lot 1500) .
PAGE 2 - COUNCIL AGENDA - SEPTE14BER 22, 1930
(a) Recommendation of Planning Commission
(b) Cons idle-r-ation by Council
l
(c) ORDINANCE No. 80- AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN
APPLICATION FOR AN AMENDMENT TO THE 1970 MAP OF THE CITY
LATS C tt r C REEK ESTATES.
OF TIGARD AND r IiiiivG ANEFFECTIVE
16. ZONE CHANGE./COMPREHENSIVE PLAN REVISION ZC/CPR 23-80 (Robert Randall Co.) NPO #6
A rPauest by the Robert Randall Company for a Zone Change/Comprehensive Plan
® uevisior fro- C-3 "Cc=crcial _Retail" to A-12 "Urban Medium Density Multifamily
® Residential" and C-4 "Residential Commercial" located at the northwest corner of
SW Hall Blvd. and SW Durham Road (Wash. Co. Tax Map 2S1 11DD, Tax Lot 200) .
(a) Recommendation of Planning Commission
(b) Consideration by Council
(c) ORDINANCE No. 80- AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN
APPLICATION FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE
CITY OF TIGARD AND FIXING AN EFFECTIVE DATE. ROBERT
F-iNDALL COMPANY.
17. ZONE CHANGE PLANNED DEVELOP14ENT DISTRICT ZCPD 1-80 (Copper Creek) NPO #6
A request by Tualatin Development Company for a General Plan Review of
Stage I and II Copper Creek asking for a Zone Map Ameridraent from Washington
County RS-1 to City of Tigard Comprehensive Plan designation R-5PD "Single
family Residential Planned Development District" for Stage I and from
Washington County RS-1 to City of Tigard Comprehensive Plan designation
R-7PD "Single Family Residential Planned Development District" for Stagr, II
located south of Durham Road and east of Serena Way at Pick's Landing
Subdivision (Wash. Co. Tax Map 2S1 14B, Tax Lot 100) .
(a) Recommendation of Planning Commission
(b) Consideration by Council
(c) ORDINANCE No. 80- AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN
APPLICATION FOR AN AMENDMENT TO THE 1970 ZONING MAP
OF THE CITY OF TIGARD AND FIXING AN EFFECTIVE DATE.
COPPER CREEK - STAGE I
(d) ORDINANCE No. 80- AN .JRDINANCE ADOPTING FINDINGS WITH RESPECT TO AN
APPLICATION FOR AN AMENDMENT TO THE 1970 ZONING 14AP
OF THE CITY OF TIGARD AND FIXING AN EFFECTIVE DATE.
COPPER CREEK - STAGE II
18. CABLE TV - City Share of Consultant Fee
(a) Recommendation of City Administrator
19. OTHER
>' 20. ADJOURNMENT
<; PAGE 3 - COUNCIL AGENDA - SEPTEMBER 22, 1980
T T G A R D C I T _' C O U N C I L
REGULAR MEETING MINUTES - SEPTEMBER 22 , 1980 - 7 :30 P.M.
1 . ROLL CALL: Present : Mayor Alan Mickelson; Councilmen Tom Brian
(arrived at 7 :40 p.m. ) ; John Cook (arrived at 7 : 50 p.m. )
Kenneth Scheckla : Councilwoman Nn;;cio Stimle Ch r
...r ; .,,,�e� o�
Police, Robert B. Adams ( left at 8 :00 p.m. ) ; Legal
Counsel , Joe Bailey; City Administrator, Raeldon R .
Barker; Director of Public Works , Frank Currie ; Plann-
ing Director, Aldie Howard; City Recorder/Finance
Director, Doris Hartig; Clerk Typist II , Lowana Murray.
2 . CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS
(a) No one appeared to speak.
Councilman Brian arrived - 7 :40 p.m.
3 . APPROVAL OF MINUTES - September 8th and 15th; 1980 .
(a) Motion by Councilman Scheckla , seconded by Councilwoman
Stimler to approve.
Approved by unanimous vote of Council present .
4 . APPROVAL OF EXPENDITURES AND INVESTMENTS : $47 ,406 .87
(a) City Recorder requested Council amend the payment of bills
to include purchasing a 1978 Mercury 2 door 1.11-n iroH93S5447250
from Knauss Chevrolet Company, amount of $3 ,500. 00 , making
total bills $50,906 . 87 .
(b) Motion by Councilman Scheckla , seconded by Councilwoman
Stimler to approve .
Approved by unanimous vote of Council present .
5 . MONTHLY REPORTS - Receive and File
(a) Motion by Councilman Scheckla , seconded by Councilwoman
Stimler to receive and file monthly reports .
Approved by unanimous vote of Council present .
6 . SUBDIVISION COMPLIANCE AGREEMENT & PERFORMANCE BOND - Receive and
authorize signature of Mayor and City Recorder.
. Kneeland Estates - A. Larry Grayson Company
(a) Motion by Councilman Scheckla , seconded by Co>>ncilwoman Stimler
to receive and authorize signature of Maycr and City Recorder .
Approved by unanimous vote of Council present .
z
7 . SEWER EASEMENTS - Accept and authorize signature of Mayor and City
Recorder.
.,
S .W. 74th Street L. I .D. Sewer Easement - Harvey E . King
• l t
Barbee Court - v i l Ld Lal-1aaz� r�p r�-- tmentC
(a) Motion by Councilman Scheckla , seconded by Councilwoman
Stimler to accept and authorize signature of Mayor and City
Recorder.
Approved by unanimous vote of Council present .
Councilman Cook arrived 7 : 50 p.m.
8 . RESOLUTION No.80-84 A RESOLUTION EXPRESSING APPRECIATION OF THE
CITY OF TIGARD TO DONALD L. REA FOR PUBLIC
SERVICE AS A M MRER OF THE TIGARD POLICE
DEPARTMENT.
(a) Motion by Councilman Scheckla , seconded by Councilman Brian
to a: opt.
Approved by unanimous vote of Council
(b) Mayor Mickelson asked that resolution be forwarded to Mr .
Rea as he was not in attendance at the meeting.
Chief Adams left 8 : 00 p .m.
g . RESOLUTION No. 80- INCREASING GARBAGE N OF E
GARBAGERATESRDUEITO ANTY UMCSLD.
RATE INCREASE.
(a) City Administrator stated that Carl Miller had called and
asked that this resolution not be acted on at this time but
be set over to the September 29th Study Sesion.
(b) Motion by Councilwoman Stimler, seconded by Councilman Brian
to table this resolution.
Approved by unanimous vote of Council .
10 . RESOLUTION No. 80-85 A RESOLUTION OF THE TIGARD CITY COUNCIL
TRANSFERRING FUNDS .
(a) Finance Director explained that the debt bond fund has an
excess of $27 ,598 and that it is the recommendation of the
auditors that this excess be transferred to the general fund.
(b) Motion by Councilman Brian, seconded by Councilman Scheckla
to adopt.
Approved by unanimous vote of Council .
PAGE 2 - REGULAR COUNCIL MINUTES - September 22 , 1980
ii . RESOLUTION No. 80-86 A RESOLUTION OF THE TIGARD CITY COUNCIL
SETTING ASIDE FUNDS IN A TRUST ACCOUNT FOR
BANDSTAND CONSTRUCTION .
(a) Finance Director reported that $2 .500 has been received from
® the Friends of the Park for bandstand construction and requested
that this sum of money be set aside in a trust account for this
purpose .
(b) Motion by Councilwoman Stimler, Seconded by Councilman Brian
to adopt .
Approved by unanimous vote of Council
12 . RESOLUTION No. 80-87 A RESOLUTION OF TIGARD CITY COUNCIL PROVID-
ING FOR A REDUCTION OF THE MAINTENANCE
GUARANTEE BOND FOR A LUANA LYNDA SUBDIVISION
(a) Director of Public Works requested Council approve resolution,
noting that it reduces the maintenance bond from 50% to 20% .
(b) Motion by Councilwoman Stimler, seconded by Councilman Brian
to adopt .
Approved by unanimous vote of Council .
13 . AWARD CONTRACT - Senior Citizens Center.
The architects had not arrived at this time so this item was heard
later in the meeting.
14. AWARD CONTRACT - Walnut Street Sewer LID
(a) Director of Public Works advised Council bids were received
on September 11 , 1980, from two contractors . Following is a
list of bidders :
CONTRACTOR SCHEDULE I SCHEDULE II SCHEDULE III TOTAL
Warren Brown & Assc . $12 ,466 . 75 $13 , 153 .22 $6 ,369 .00 $31 ,988 . 97
System Construction $10,770.00 14,883 .00 6 ,755 .00 32 ,508 .00
The bids received were higher than estimated, however, the
property owners were willing to proceed. If the low bid is
accepted it will also increase the city' s portion of the pro-
ject.
Director of Public Works recommended Council award the bid for
Walnut Street Sewer to Warren Brown & Assoc . less the amount
for storm drain work.
(b) Motion made by Councilman Brian, seconded by Councilman Scheckla
to award the bid to Warren Brown Assc. less the storm drain work.
PAGE 3 - REGULAR COUNCIL MINUTES - September 22 , 1980
Approved by unanimous vote of Council .
8 :00 PUBLIC HEARING
15 . The purpose of this meeting is to sol4cit citizen views and com-
ments on the planning, implementation and evaluation of Washington_
County' s Community Development Block Grant (CDBG) program. The
third year of Washington County ' s participation in the CDBG pro-
gram will commence July, 1981 .
(a) City Administrator gave the background history of Washingtori
County Community Development Block Grant program and our
past projects for the benefit of those in the audience . City
Administrator recommended we ask for a $10,000 grant for a
consultant to help with our Urban Renewal Planned Development .
(b) Public Testimony
No one appeared to speak.
(c) Councilwoman Stimler asked if a. vehicle for transporting the
senior citizens and handicapped could come under this program.
(d) After much discussion by Council , Councilman Brian asked that
an application be prepared in the amount of $15 ,000 for a
consultant for the Urban Renewal Planned Development .
PUBLIC NOTICE
16 . ZONE CHANGE PLANNED DEVELOPMENT DISTRICT, ZCPD 24-80 and NPO #4
VARIANCE, V 10-80 (Oregon Education Association Phase 11
Construction)
A request by Balsiger Shewbridge Architects for a Zone Map Amend-
ment from the City of Tigard C-3 "General Commercial" to City of
Tigard Comprehensive Plan designation CP-PD "Commercial Professional
Planned Development District" zone with a request for a building
height variance from forty-five (45 ' ) feet to seventy-five (75 ' )
feet located on 32 .42 acres on the east side of 72nd Avenue and on
the north side of Atlanta continuing to the north side of 67th/
Atlanta intersection and on the *.gest side of I-5 (Wash. Co . Tax Map
1S1 36DA, Tax Lots 1-00,101 , 102 , 902 & 2300)
(a) Planning Director synopsized request and stated the Planning
Commission recommended approval .
(b) ORDINANCE No. 80-77 AN ORDINANCE ADOPTING FINDINGS WITH
RESPECT TO AN APPLICATION FOR AN AMEND-
MENT TO THE 1970 MAP OF THE CITY OF TIGARD
AND FIXING AN EFFECTIVE DATE (OREGON EDUCA-
TION ASSOCIATION PHASE II CONSTRUCTION)
(c) Motion by Councilman Brian, seconded by Councilwoman Stimler
to adopt.
i
PAGE 4 - REGULAR COUNCIL MINUTES - September 22 , 1980
Approved by ui.animous vote of Council
17 . SUBDIVISION S 6-79 and ZONE CHANGE PLANNED DEVELOPMENT ZCPD
25-80 (Golf Creek Estates)
:SPO #6
A request by Michael D. Elton for a resubmittal of a Subdivision
application located at the southwest corner of S .W. 108th and
S .W. Durham Road with a Zone Map Amendment from City of Tigard
R-7 to City of Tigard Comprehensive Plan Designation R-SPD (Wash .
Co. Tax Map 2Si 15A, Tax Lot 1500)
(a) Planning Director synopsized request and stated the Planning
Commission recommended approval .
(b) Applicant ' s Legal Counsel , Edward I . Engel , gave the projects
history and asked Council if four of the conditions on the
Ordinance could be modified at this meeting.
(c) After much discussion by Council and Attorney, Joe Bailey, it
was decided to go ahead at this time and hear from the proponents
on the Golf Creek Estates .
Mr. Richard C. Waker, Waker Assoc . , explained the reasoning
behind changing each condition . Condition #1--requiring
planned development does not relate to the R-7 zone which was
originally applied for, asking this be deleted.
Conditions #5 , #11 , #20, dealing with "Sensitive Lands" • sett-
ing up a Homeowners Association desired by the City. Their
request being that each property owner should be responsible -
for the maintenance of the creek area as part of his property.
Michael Elton, showing Council the proposed planned project
indicating houses are set back 50 feet from center of creek;
suggested that the restrictions be placed on the property
owners deeds .
(d) Councilwoman Stimler suggested a greenway easement would
take care of the situation.
(e) Mayor Mickelson called the other names on the proponent list .
W.A. Lissy, approved the present project .
Lannes Baird, agreed with the present plan.
Opal Laback, 16190 S .W. 108th, in favor of Mr. Elton ' s plan .
Waneta M. Chamberlin, 16720 S .W. 108th Ave ., in favor of the plan
Joseph Juna, 16760 S .W. 108th, approved.
PAGE 5 - REGULAR COUNCIL MINUTES - September 22, 1980
(f) Legal Counsel , Joe Bailey recommended that condition #5 be
revised; that condition #11 and #20 both be deleted .
(g) ORDINANCE No. 80- AN ORDINANCE ADOPTING FINDINGS WITH
RESPECT TO AN APPLICATION FOR AN AMEND-
MENT TO THE 1970 MAP OF THE u1'1'Y OF
TIGARD AND FIXING AN EFFECTIVE DATE.
Golf Creek Estates .
(h) Mayor Mickelson recommended that this Ordinance go back to the
Planning Commission so they can see what has been done and be
given a chance to give tk.eir input .
(i) Motion made by Councilman Cook and seconded by Councilwoman
Stimler to table this Ordinance until the October 13th regular
meeting.
Approved by unanimous vote of Council .
18 . ZONE CHANGE/COMPREHENSIVE PLAN REVISION ZC/CPR 23-80 (Robert NPO #6
Randall Company) .
A request by the Robert Randall Company fora zone Change/Comprehen-
sive Plan Revision from C-3 "Commercial Retail" to Z-12 "Urban
Medium Density Multifamily Residential" and C-4 "Residential
Commercial" located at the northwest corner of S .W. Hall Blvd .
and S .W. Durham Road (Wash. Co. Tax Map 2S1 11DD, Tax Lot 200) .
(a) Planning Director explained that this zone change is a step
down from what it is presently zoned. A Comprehensive Plan
Revision from C-3 "Commercial Re ail" to Z-12 "Urban Medium
Density Multifamily Residential" z,i�L -;-4 "Residential
Commercial" . Planning Director stated that the Planning
Commission has approved this project.
(b) Paul Yang, The Robert Randall Company, stated the reasoning
for changing the zone because this area is not a good location
for a large shopping center. They had done extensive research
and discovered that no main grocery chain store would be will-
ing to locate in this area .
(c) Public Works Director asked that conditions #9 and #13 be
changed to read as following:
No. 9 Grading plans and construction plans on all public
rights-of-way shall be submitted and approved by the
Public Works Director prior to commencement of work.
No. 13 Improvements may be bonded prior to issuance of
Building Permits .
PAGE 6 REGULAR COUNCIL MINUTES - September 22 , 1980
(d) ORDINANCE No. 80-78 AN ORDINANCE ADOPTING FINDINGS WITH
RESPECT TO AN APPLICATION FOR AN AMEND-
MENT TO THE 1970 ZONING MAP OF THE CITY
OF TIGARD AND FIXING AN EFFECTIVE DATE.
ROBERT RANDALL COMPANY
(e) ."lotion made by Councilwoman Stimler , seconded by Council-
man Scheckla to adopt as amended.
Approved by unanimous vote of Council
19 . ZONE CHANGE PLANNED DEVELOPMENT DISTRICT ZCPD 1-80 (Copper NPO #6
Creek)
A request by Tualatin Development Company for a General Plan
Review of Stage I and II Copper Creek asking for a Zone Map
Amendment from Washington County RS-1 to City of Tigard Comprehen-
sive Plan designation R-5PD "Single- Family Residential Planned
Development District" for Stage I and from Washington County RS-1
to City of Tigard Comprehensive Plan designation R-7PD "Single
Family Residential Planned Development District" for Stage II
located south of Durham Road and east of Serena Way at Pick' s
Landings Subdivision (Wash. Co. Tax Map 2S1 14B , Tax Lot 100) .
(a) Planning Director summarized the background stating that the
problem areas in Stage II , bike paths and temporary use onto
Durham Road had been taken care of.
(b) Joe Walsch, 11080 S .W. Allen Blvd, showed Council the proposed
plan and explained the lot sizes , decreased density and 20
foot driveways .
(c) Councilwoman Stimler asked that the driveways be 24 foot in-
stead of the proposed 20 foot.
(d) ORDINANCE No. 80-79 AN ORDINANCE ADOPTING FINDINGS WITH
RESPECT TO AN APPLICATION FOR AN AMEND-
MENT TO THE 1970 ZONING MAP OF THE CITY
OF TIGARD AND FIXING AN EFFECTIVE DATE.
COPPER CREEK - STAGE I
(e) Motion made by Councilman Cook, seconded by Councilman Scheckla
to adopt.
Approved by unanimous vote of Council .
(f) ORDINANCE No. 80-80 AN ORDINANCE ADOPTING FINDINGS WITH RESPECT
TO AN APPLICATION FOR AN AMENDMENT TO THE
1970 ZONING MAP OF THE CITY OF TIGARD AND
FIXING AN EFFECTIVE DATE. COPPER CREEK -
STAGE II .
(g) Motion by Counci' on-ion Stimler, seconded by Councilman Cook
to adopt Ordir—ice aT,d to add condition #17 to include 24
foot driveways
PAGE 7 - REGULAR COUNCIL MINUTES - September 22 , 1980
Approved by unanimous vote of Council .
20 CABLE TV - City Share of Consui.can . Fee
(a) City Administrator reported that the MACC membership voted to
accept the Cable Consultant Selection Subcommittee recommenda-
tion of Telecommunications Management Corp. , of Los Angeles ,
for consultant services . The total consultant fee agreed up-
on is $26 ,000 and Tigard ' s portion will be $1 ,040 . City Admin-
istrator recommended that the amount is fair and that we should
notify the committee . City Administrator reported the item is
in the budget, account 5 . 1 . 11 in amount of $500 and requested
the balance be transferred from General Fund Contingency.
(b) Planning Director informed Council that the consultant will
appear before Council for Council ' s input .
(c) Motion by Councilman Cook, seconded by Councilwoman Stimler to
authorize payment of $1 ,040 to Telecommunications .
Approved by unanimous vote of Council .
21 . AWARD CONTRACT - Senior Citizens Center (heard at this time)
(a) City Administrator advised Council bids were received on
September 18 , 1980, from seven bidders . Following is a list
of bidders :
BIDDERS Base Bid Alt 1 Alt 2 Alt 3 Alt 4 Alt 5 Alt 6 Alt 7
Wallingford Const. $420,917 -36,777 -12,150 -2,151 ------ -3,339 -1,563 -4,300
Hoberg Const. 389,750 -30,230 -11,719 -11,333 -2,635 -19,940 -2,020 -4,000
Suomi Enterprises 404,000 -20,996 -10,195 -11,275 -2,635 -3,000 -600 -4,000
Berge Bros. 407,945 -18,584 -7,861 -11,228 -2,577 -5,000 -2,309 -4,320
J & J Const. Co. 435,888 -14,810 -9,700 -12,702 -2,465 -7,500 -4,900 -4,000
D.M.Th mpson Inc 389,700 -30,500 -11,100 -9,800 -2,700 -6,500 -3,500 -4,000
Cloyd R. Watt Const. 434,784 -28,000 -2,100 -13;000 -2,600 -12,000 -1,500 -4,300
Architect's Est. 371,484
City Administrator recommended contract to apparent low
bidder, D.M. Thompson Inc . at $389,700, exercising Alt #1
(not to finish the basement) of -30 ,500 which leaves a
final total of $359 ,200 . Sewer will be bid separately.
Est. sewer cost of $24,000 brings estimated total to $383 ,200
There is $362,050 available from the grant which leaves a
total of $21 , 150 difference for the City to pick up.
(b) After much discussion by Council it was decided not to award
the contract until October 9th until after the Policy Advisory
Board meets . Council agreed to go ahead with the project and
to acknowledge D.M. Thompson Inc. as the apparent low bidder .
PAGE 8 - REGULAR COUNCIL MINUTES - September 22 , 1980
22 . OTHER
Legal Counsel , Joe Bailey, presented Council with an Ordinance deal-
ing with some inconsistencies concerning business licenses . In
order to make penalties consistent with other penalties it is neces-
sary to delete from 5 .04. 100 the clauses referring to confinement
in fail and to make maximum fine $100.
(a) Finance Director asked if an emergency clause should be added
to the Ordinance.
(b) ORDINANCE No. 80-76 AN ORDINANCE AMENDING SECTION 5 .04. 100
OF THE TIGARD MUNICIPAL CODE BY DELETING
REFERENCE TO CONFINEMENT IN JAIL AND
REDUCING MAXIMUM FINE.
(c) Motion made by Councilman Cook, seconded by Councilwoman
Stimler to adopt as amended including an emergency clause .
Approved by unanimous vote of Council .
City Administrator advised Council of a meeting of Washington
County Elected Officials , September 25, 1980, in Hillsboro at 7 :30 .
City Administrator read a letter from the Tigard Garden Club staying
that then cunt,l d 14 L-o tC
., present fifteen daffodil bulbs to be planted
in front of of the City Hall and asked if the Mayor could be present
Monday at noon for the presentation.
City Administrator reported LGIP states Lieutenant exam has to be
opened up to include all states as it 's illegal to restrict to the
State of Oregon only.
Councilwoman Stimler asked if someone could be appointed to the
Planning Commission to fill a vacancy
Councilman Cook thanked Frank Currie for the list of street lights
that are out and expressed his approval to locate all street lights
that are out and receive some action from PGE.
Councilman Brian requested an item to item comparision on the Police
Contract, as compared to the 1980-81 budget.
Councilman Scheckla stated that he supported Planning Commission
Chairman, Frank Tepedino ' s letter to Tualatin Development Company,
Inc .
Mayor Mickelson received a letter from Dr. Kingston which included
material to be passed out to the Council people and a pin for
Councilwoman Stimler which she missed the night of presentation.
PAGE 9 - REGULAR COUNCIL MINUTES - September 22 , 1980
Mayor Mickelson asked if a letter reQardinu traffic_ lights on
Pacific Highway wouldn' t help to hurry up the synchronizing of
the lights .
23 . ADJOURNMENT 10 : 50 P_M_
City Recorder
ATTEST:
�M
` PAGE 9 - REGULAR COUNCIL MINUTES - September 22 , 1980
Date 9/20/80 !
I wish to testify before the Tigard City Council on
tht- fol lowing item:
(Please print your name)
Item Description: • AGENDA ITEM # 15
-79 & ZCPD 25-80
Proponent (for) — -
Opponent (against)
Name, Address and Affiliation
Name, Address and Affiliation
Lb11RD fi F.�� — 7T
✓ C HA LAt
l
a.
L
Date 9/22/80 i
I wish to testify before the Tigard City Council Gra
the following item: (Please Print your name)
Item Description: - AGENDA ITEM # 17
COPPER CREEK ZCPD 1/80
Lroponent
Opponent pp (against)
:ame, Address and Affiliation I -
Name, Address and Affiliation
•i
LMill _�
PAYMENT OF BILLS FOR COUNCIL APPROVAL September 22, 1980
PROGRAM BUDGET _r
Community Protection J
Police 6.559.01
Public Works 6.470.45
Municipal Court 351.44
Planning 678.71
Building 890.01
Total Community Protection
1L,gL.9 62
Home & Community Quality
Public Works
3,193.36
Social Services
Library 686.72
Aged Services
Youth Services
Historical
Total Social Services 686.72
Policy & Administration
Mayor & Council 905 01
Administration -318-72
Finance 1974.27
Total Policy & Administration 2,497.90
City Wide Support Functions
Non-departmental 4,500.37
Misc. Accounts (refunds & payroll deductions, etc.)
CAPITOL BULvET
Community Protections
Road Acquisition & Dev.
Parks Acquisition & Dev. ?� A
Storm Drainage -
Total Community Protection 23.80
Support Services
Building Improvements 219.51
DEBT SERVICE
General Obligation Bond
Bancroft Bond
5,145.15
UNIFIED SEWERAGE AGENCY
Contract
TOTAL AMOUNT OF CHECKS WRITTEN 406.87
WON
MEMO
TO: CITY COUNCIL
DATE: SEPTEMBER 22, 1980
FROM: BUILDING DEPARTMENT
SUBJECT: MONTHLY REPORT FOR MONTH OF AUGUST, 1980
August' s building activity included permits for 8 signs ,
38 single family residential , 6 residential alter and repair,
6 commercial, 5 commercial alter and repair, 1 demolition,
2 site grading, 3 foundations only, 1 inspection only and
2 miscellaneous for a total valuation of $4, 844, 698. 00.
Fees for 63 permits $18 , 663. 50
Fees for 8 signs 140. 00
Plumbing Activity - 59 2, 893. 50
Mechanical Activity - 56 1 , 206. 04
Business Licenses - 119 4, 370. 00
TOTAL - - - $27 , 273. 04
Sewer Permits - 43 $30, 200. 00
Sewer Inspections - 44 1, 250. 00
King City activity included 4 residential for a valuation of
$220,400.00 and fees of $1,183. 50.
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O
FINANCIAL STATEMENT
EXPENDITURES
OPERATIONAL BUDGET
1980-80 Current Year-To
Budget Month Date
1. CW,1MUNITY PROTECTION
Police Services 1.1
,459 32,210 65,182
499
1.1.1 Patrol 9 6,272 13,265
1.1.2 Investigation 120,366 9,949 19,448
1.1.3 Communication 145,272
1.1.4 Administration
74 302 6,002 11,522
T 54.433 109,417
TOTAL 839,399
Public Works 1.2
1.2.1 Street Lighting 83,000 5,216 5,216
1.2.2 Traffic Signal-Marking-Signs 33,467 1,246 2,894
1.2.3 Engineering 43,721 2,154 4,518
1.2.4 Admin. & Clerical 25,706 1,979 4,061
TOTAL 185.894 10.595 16,689
f..
Municipal Court 1.3_
1.3.1 Arraingments & Trials 29.605 2.391 4,801
Planning & Zoning 1.4
80728 5,391 10,426
,
1.4.1 Current Planning 238 474
1.4.2 Advance Planning 10,413
T 5.629 10,900
TOTAL 91.141
Building Inspection & Enforcement 1.5
27 811 2,168 4,328
1.5.1 Plan Checking 3,807 7,732
1.5.2 Field Inspection 50,574 910 1,793
1.5.3 Support Services 11,141 108 2,260
1.5.4 Program Administration 13,873 1'
16.113
TOTAL 103.399 7.993
i'
Page a2
'b"
EXPENDITURES
1980-81 Current Year-To
Budget Month Date
2. HOME AND COMMUNITY QUALITY
Public Works 2.1
2.1.2 Sanitary Service 182,971 5,325 10,749
2.1.3 Streets & Roads 341,358 115,544 118,447
2.1.4 Parks 70,792 4,830 10,615
2.1.5 Storm Water Control 50,646 3,292 5,566
2.1.6 Special Projects 13,736 1,028 2,098
2.1.7 Ancillary Service 34,999 2,704 5,462
2.1.8 Engineering 71,366 5,951 12,878
2.1.9 Admin. & Clerical 28,407 2,232 4,438
2.1.11 Insect Control 9,000 1,817
TOTAL 803.275 140,906 172,070
3. SOCIAL SERVICES
Library 3.1
3.1.1 Technical Services 29,026 2,533 4,902
3.1.2 Community Services 66,240 5,874 11,073
3.1.3 Operations & Maintenance 3,134 395 664
3.1.4 Administration 14,072 1,095 2,213
TOTAL 112,472 9,897 18,852
Youth & Aged Services 3.
3.3.1 Loaves & Fishes 6,000 -0- -0-
3.4.1 Youth Services 59,825 -0- -0-
TOTAL 65.825 -0- -0-
4. POLICE AND ADMINISTRATION
Mayor & Council 4.1
4.1.1 Policy & Direction 10,982 243 603
City Administration 4.2
4.2.1 Management Functions 43,750 2,566 6,812
4.2.2 Staff Functions 23,580 938 2,954
4.2.3 Ancillary Functions 4,424 344 689
TOTAL 71.754 3.848 10,455
Fiscal Administration 4.3
4.3.1 Finance Program 92,891 7,007 14,204
4.3.2 City Records 30,969 2,113 4,235
4.3.3 Management Support 10,609 880 1,759
TOTAL 134.469 10,000 20.198
Page 3
EXPENDITURES
1980-81 Current Year-To
Budget Month Date
5. CITY WIDE SUPPORT FUNCTIONS
Non-Departmental Functions 5.1
5.1.1 Legal Services 22,500 170
5.1.2 Insurance 46,875 452
5.1.3 Utilities 44,872 1,911 3,392
5.1.4 Rent 7,975 405 1,060
5 Postage 7,000 7 67
5,1.6 Audit 8,500 6,000 6,000
5.1.7 Membership 10,848 7,325 11,128
5.1.8 Codification of Ordinances 3,700
5.1.9 Stationery & Supplies 3,000 232 801
5.1.10 Bldg. & Equip. Maint. & Repair 7,500 492 1,256
5.1.11 Contractual Services 21,260 2,931 4,697
5.1.12 Unemployment Reserve 1,000 1,147 1,147
5.1.13 Donations 2,000
5.1.14 Publicity & Comm. Relations 7,225
5.1.15 Materials & Supplies 700 106
5.1.16 Printing 500
5.1.17 Office Equipment 60,442 4,940
5.1.18 Unclassified Personnel 100
5.1.19 Contingency 309,180
5.1.20 Elections 1,700
TOTAL 566,877 20.450 35.216
6. COMMUNITY PROTECTION
Home & Community Quality 6.2
6.2.1.3(7) Road Acq. & Development 728,192 14,972 14,972
6.2.1.4(3) Parks Acq. & Development 77,893 3,950 9,893
Total 806.085 18.922 24,865
Divisions 6.5
6.5.1.13(1) Donations 2,000 -0- -0-
6.5.1 Bldg. Inprovement 287,000 3,068 3,068
TOTAL 289.000 3.068 3.068
7. DEBT SERVICE
7.1 General Obligation Bonds 10,000 -0- 10,000
7.1.1 Gen. Oblig. Bonds Interest 638 -0- 425
TOTAL 10.638 -0- 10,425
7.2 Bancroft Improvement Bonds 62,090 -0- 8,000
7.2.1 Barcroft imp. Bonds Interest 21,451 1,399 1,648
TOTAL -8 ,541 1.399 9,648
GRAND TOTAL 4,204,356 289.774 4623_0
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PUBUCPhonpe 639-9511
12568 SW Main•Tigard, Or.97223 MEMORANDUM September 8 , 1980
- TO: LIBRARY BOARD
CITY COUNCIL
FROM: CITY LIBRARIAN
SUBJECT: Monthly Report, August 1980
1 . Administration:
a. Library Board held its regular meeting August 11 . Minutes are
attached.
b. LIbrarian and City Administrator attended a Washington County
Cooperative Library Services [WCCLS; meeting for discussion and con-
sideration of a proposed intergovernmental agreement between cities and
Washington County regarding the installation and operation of a compu-
terized circulation system. Of interest : Several cities expressed concern
at. the cost for cities to participate in the system. There was also con-
cern regarding disposition of the system if County fiscal problems arose
precluding their support. Another meeting was scheduled for September .
C. Microfiche reader and a selection of periodicals on microfiche
were received. This will enable the Library to offer more periodicals ,
with no missing issues , and release shelf space now occupied by old issues .
t The Library will continue regular subscriptions , retaining the current
year and one year back for circulation.
d. Librarian attended WCCLS professional board meeting August27 .
Of interest : The state budget cuts did not eleminate the percapita grant
entirely. Instead of $.21 per person, the grant will be $ . 1777 .
e. Librarian attended a meeting August 29 on reciprocal borrowing
between Clackamas and Washington County libraries . Lake Oswego, Sherwood,
Tigard and Tualatin have been recording usership by persons outside -their
county jurisdiction. Tualatin and Sherwood receive the heaviest usership
from Clackamas County. Lake Oswego has a significant though smaller
number of Washington County users . Tigard's Clackamas County usership
is very small and most comes from persons working in Tigard . This committee
is considering some means for reimbursement to these libraries based on
their out-of-county usership.
2. Personnel:
a. Volunteer hours totaled 212 - ; daily average 8 .5 _
b. Bobby White, part-time staff member, was on sickleave the entire
month of August.
3. Statistics :
a. Total c:irc:ulatioa "224 -
� daily average 329
Books 7676 Magazines 257
Adult 5514 Audio-Visual 156
Juvenile 2162 Other 35
Interlibrary Loan 100
`v. `user cards 213 : in town 126 ; out of town 87
C. Story hours 120 total ; average 13
d. Materials added 330
Library Monthly Report , August 1980 - page 2
(2 s Haceriaia wit`..'+:awn 178
f. Money Received:
Fines 11 .50
Lost Books $6 .95
Donations O
4 . Youth Services - Kathy Tremaine
10Tigard Library Kids" added another ribbon► to their collection by
taking third place in the Town and Country Days parade . Approximately
20 children participated.
The summer reading program ended with a party at the Tigard Community
Center . Of the 126 who signed up for the program, 70 completed the
ae arr; cipants in the weekly
program and won fri.aoees . There were 9.+ p..- ----r- --
programs .
Two "bedtime". story hours were held the iaat Ween. Of i_ue ieauiug pro-
gram. At 7:00 PM stories were read from a rocking chair with a nighttime
setting - children and storyteller wore their "jammies ." Hot cocoa and
graham crackers served as a treat_
The second annual zucchini contest was won by Dennis Borman with
his 11 lb.8 oz. entry. A ribbon and copy of the Sunset Western Garden
Book were awarded and the Food Bank collected 60 pounds of zucchini for
Zt use.
t
■ IMARns Eww W%`&�
_ r%l ■M r`IMIAM S
rUOLMo
n - Phone b;5w 9511
iJ
Meeting ;LgLSt 11 , 198C
la , _4Wr_ 7r,H{Jli MINUTES j £ard LibraryBoar-
12568 SWNs•- .-%W.
Call to Order The regular meeting of the Tigard Library Board was
and Roll Call: called
to order e
by Chairman Betsy Chick August 11 ,
1980 at
��� T T
r,N�uSed c�v�'rcr rl•.Alllgec •
Introduction of Madalyn Utz, new bard member, was introduced and
New Board Member welcomed by Chairman Chick.
Reports : iziIliitcS v+ r--
f e previous meeting were approved as
Minutes distributed.
Monthly Report Librarian reviewed monthly report . There was dis-
cussion on the Intergovernmental Agreement for the
computerized circulation system. Librarian reported
thst the Monday closure is proving beneficial to
staff and that circulation for July 1980 was an all-
time record.
Old Business : Madalyn Utz reported on the Tigard Downtown Committee
Building Pians meetings and the Friends of the Library Building
Committee meeting . Madalyn pointed out that the
t� Friends of the Library are committed to providing an
improved library facility whether or not they are
successful through the Tigard Downtown Committee
project. Jim Sidey reported that he had talked with
Otto Sorg, building owner, about the present lease .
Chairman Chick requested that Sidey and Bendixsen
study the present lease and possibility of rene-go-
titian to assure tenancy until a new building is
possible.
Library Policy Munhall moved that the revised -statement -of policy
as presented at the previous meeting be approved.
Motion Seconded. Passed.
Motion Munhall moved that the new circulation policy be
adopted. Seconded . passed.
New Business :
eported that the Outreach Program to Seniors
Outreach Program Librarian r
is increasing at a good rate. In order to assure
continuation of the program, the Librarian will seek
a grant through Friends of the Library to fund the
the volunteer coordinator part-time and purchase
additional materials . Uw� ,� ^�
September Meeting Librarian will be out of town for next sc"edulcd
meeting. Board decided to cancel September meeting ,
asking Librarian to call a meeting later in the month
if something comes up requiring Board action.
Meeting adjourned at 9 :00 PM.
Respectfully Submitted,
Approved:
Irene - Ertell
Approved as corrected:
MONTHLY REPORT
PLANNING DEPARTMENT
m.-gust 15r; 1980 - September 15, 1980 -
The following projects were acted on by the Planning Commission over
the past month.
ZONECHANGE
ZONE CHANGE PLANNED DEVELOPMENT, ZCPD 24-80 and VARIANCE, V 10-80 (Oregon
Education Association Phase II Construction)
Applicant: Balsiger Shewbridge Architects
Request: For a Zone Map Amendment from City of Tigard C-3 "General
Commercial" to City of Tigard Comprehensive Plan dRsignation
C-PPD "Commercial Professional Planned Development District"
Zone with a request for a building height variance from
forty-five (45) feet to seventy-five (75) feet.
Site Location: East side of 72nd and on the north side of Atlanta continuing
to the north side of 67th/Atlanta intersect:-on and on
the west side of I-5 (Wash. Co. Tax Map 1Sl 36DA, Tax
Lots 100, 101, 102, 902, & 2300) .
Action Taken. Approved September 2, 1980
ZONE CHANGE PLANNED DEVELOPMENT, ZCPD 1-80 (Copper Creek)
Applicant: Tualatin Development Company
Request: For a General P1an. Review of Stage II Copper Creek asking
for a Zone Map Amendment from Washington County RS-1
to City of Tigard Comprehensive Plan designation R-7PD
"Single Family Residential Planned Development District".
Site Location: South of Durham Road and east of Serena Way at Pick's
Landing Subdivision (Wash. Co. Tax Map 2S1 14B, Tax Lot
100) .
Action Taken: Approved September 2, 1980
ZONE CHANGE/COMPREHENSIVE PLAN REVISION, ZC/CPR 23-80 (Robert Randall Co.)
Applicant: Robert Randall Company
Request: For a Zone Change/Comprehensive Plan Revision from C-3
"Commercial Retail" to A-12 "Urban Medium Density Multifamily
ReSidential" and C-4 "Residential Commercial".
Site Location: Northwest corner of SW Mall Blvd. and SW Durham Road
(Wash. Co. Tax Map 2S1 11DD, Tax Lot 200) .
Action Taken: Approved September 2, 1980
MONTHLY REPORT August 15, 1980 - September 15, 1980
Page 2
SUBDIVISION
SUBDIVISION, S 6-79/zoN,R_ CHANGE PLANNED DEVELOPMENT ZCPD 25-80 (Golf Creek Ect„tes)
Applicant: Michael n_ Eltcr.
Request: For a resubMit+—1 of a SubdivisionApplication•.
Zone. Ma-r rP�a.ca..i�n wi�.i� a _
Amendment from City of Tigard R-7 "Single Family
Residential" to City of Tigard Comprehensive Plan designation
R-SPD "Single Family Residential Planned Development
District"
® Sites •Corner or SW 108th and SW Durham Road (Wash.
Co. Tax Map 2Sl 15A, Tax Lot 1500) .
Action Taken: Approved September 2, 1980
VARIANCE
VARIANCE, V 11-80 (T.D.C./Brookside Condos)
Applicant: Tualatin Development Company
Request: For a setback and height. variance.
Site Location: 10820 SW Meadowbrook Drive (Wash. Co. Tax Map 2S1 jODD,
Tax Lot 7800)
Action Taken: Tabled September 2, 1980, with instructions the parties
together attempt to work Out a solution.
1
POLICE DEPARTMENT
CONSOLIDATED MONTHLY REPORT
FOR
MONTH OF AUGUST 19 80
DISTRIBUTION OF PERSONNEL
M n AWFRAnF
Y ?�JL�RIC_AL STRENGTH a DAiii ABSENCE ii A:'ERAGE c'-isE41'Ii'E STRENGTH
p
End.of 1 Same This Same This ! La-t S_me
t:;3s Month 1 ,'- .Pr.th Month Month a Month Month
Last
Month Last Last
Year Year Year _
esi. VJr x% iJl`"&u 28 ' 2" 13.4 12.4 14.6 { 15.4 15.6
CHIEF'S OFFICE 2 2 .7 .7 1:3 1.1 1.3
.111LR173CES YIVIS. 77 3 4 2 5 3.6 4=3 4.5
PATROL DIVISION 16 16 7.4 7.9 8.6 8.2 8.1
TRAFFIC DIVIS. -------------------------- --------------------I--------- ------- ---------
.INVEST. SECTION 3 3 .8 1 1.3 1.2 1.9 1.7
FORCE ONE 14 12 7.0 5.3 �+ 17.0 7.9 6.7
FORCE TWO 7 8 3.0 3.4 4.0 4.1 4.6
FORCE THREE 7 ' 8 3.4 3.7 3.6 3.4 4.3
C -
CHANGES IN PERSONNEL DAILY AVERAGE PATROL STRENGTH
1. Present for duty end of last month • 28 This Same Month
2. Recruited during month 0 Month Last Year
3. Reinstated during month 0 '- Total number field 16 16
. officers
-Total to account for 28
2. Less Agents Assig- _
4. Separations from the service: `' ned to Investigat. 0 0
(a) .Voluntary resignation 0 3. Average daily abs-
ences of field off-
(b) Retirement 0 iters owing to:
(c) .Resigned with charges pending 0 (a) Vacation, susp-
(d) Dropped during probation 0 ension, days off,
_ comp. time, etc. .3 7.5
-(e) Dismissed for cause 0 (b) Sick & Injured .1
(f) Killed in line of duty :0 (c) Schools, etc. .4
(g) Deceased =. _ _- 0 -Total average daily
_ _ absences 7.4- 7.9 _
_Total separations.- 0 4. Available for duty 8.6 8.1
•5. _Present. for duty at end of month.._. . 28_
Page one
• TIGARD POLICE DEPARTMENT
Monthly Report
I. Calls for Service: This Month 650 Year to Date 4,577
A. Obligated Tide 1,220.7 B. Non-Obligated Time 799.8
• TTS PAR'S' I CRTMFS
No. Cleared Arrests
A. Homicide
B. Rape
• C. Robbery 2
D. Assault
E. Burglary 18 1 2
J L4
G. Auto Theft 6
Totals.• 76 15 16
III. PART II TOTALS * 86 49 59
TOTAL - Part I and II
162 64 75
IV. TOTAL PERSONS CHARGED; 75
a. Adult Male 41 C. Juvenile Male 17
b. Adult Female 11 d-: Juvenile Female �—
V. WARRANTS SERVED 12 x
VI. TOTAL PROPERTY LOSS $ 44,698.89 TOTAL PROPERTY RECOVERED $,11,123.6
VII. TRAFFIC
a. Accidents Investigated 27 Injury Accidents 11 Fatal 0
b. Citations: -VBR (Speeding) 35 Yield Right of Way--L
Following too Close 6 Red Light 13 Stop Sign 1
Improper Turn 6 Reckless Driving 2
Careless Driving_.6 Driving Under the Influence 13
Driving While Suspended 17 Other Hazardous 13
Non-Hazardous 79 Total Hazardous 116
c. Enforcement Index 10.54
d. Traffic Enforcement Totals
Citations: This Month This Year 195 Year to Date 1876;
This Month Last Year 149 Last Year to Date 1733
Warnings: This Month .This Year 68 Year to Date 713
This Month Last Year 137 Last Year toDate
l .
NOTE: - Part I Crimes (Major Crimes) Clearance Rate 19.7%
- Part 11 Crimes (Minor Crimes) Clearance Rate 57.0%
NO
VIII. TRAINING
4- A. See monthly report from the Tigard Police Reserves for a break-
down of their activities.
IX. COMMUNITY RELATIONS
A. IVW11 anu L_C2"rii.rt's. i=r ;
v vaF
�� ��y hours were spent by both the
police and reserves during Town and Country Days, especially -
Saturday doing traffic control during the parade.
B. Police Community Relations. Chief Adams was a guest lecturer
at N-; band Com-wunity CA1.1e&, 'talking about Police Community
Relations. He contacted 20 students.
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Harris-McMonagle Associates, Inc.
ENGINEERS-SURVEYORS
8905 S.W. COMMERCIAL STREET
TIGARD.OREGON 97223
Telephone(303)639-3453
September 15, 1980
City of Tigard
12420 S. W. Main St.
Tigard, -Vfequn 9/22-3
Attn: Mr. Frank Currie
Director of Public Works Re: .Walnut St. L.I.D.
Gentlemen:
We have reviewed the bids received September 11 , 1980. The results were
as follows:
Contractor Schedule I Schedule II Schedule III Total
Warren Brown & Assc. $12,466.75 $13,153.22 $6,369.00 $31
System Construction 10,770.00 14,883.00 6,755.00 2,408.00
Engineering Estimate 8,985.00 11 ,058.50 6,040.50 26,084.00
The linear foot cost for the sanitary portion is $46.10/l .f. . We would
expect this to run about $30.00 to $40.00 per foot for work in a road and $25.00
to $30.00 per foot for work out of a street.
We are enclosing a revised Table I of our report of July 28th which shows
the estimated project costs based on the low bid of September 11th.
If time allows you may want to re-bid the project.
Sincerely,
-Harr-'s-McMonagle Associates, Inc.
By: Stuart L. Cato
SLC:ds
enc.
l-.
c.
MACC DISTRIBUTION OF COSTS FOR CONSULTANT
_ 1 Percent of A Package B Package Total
Population Total Pop. Cost Cost Cost
sa-ks 479 .5 $ 40 $ 90 $ 130
Beaverton 30,911 10.0 800 1,800 2,600
Cornelius 4,098 1.5 120 270 390
Forest Grove 11,309 4.0 320 720 1.040
Gresham 30,400 10.0 800 1,800 2,600
Hillsboro 27,432 9.0 720 1,620 2,340
King r;+j 1 viii .5 40 90 130
Lake Oswego 20,993 7.0 560 1,260 1,820
Milwaukie 16,813 . 5.5 440 990 1,430
Tigard 12,820 4.0 320 720 11 ^A"
1,v-tv
Tualatin 5,689 2.0 160 360 520
Washington County 139,754 46.0 3,680 89280 11,960
Total 302,514 100.0 $8,0003 $18,0004 $26,000
1Based on 1980 Preliminary Census Data
2Rounded up to the nearest one-half percent
3$6,000 fee, plus $2,000 estimated travel expenses
4$2,000 fee, plus $1,000 estimated travel expenses, plus estimate of six proposals
at $2,500 each
_ KECCty E�
C11,� pF T 1G TKO
to -'sk
September 9, 1980
e�
Raeldon Barker
City of Tigard
P.O. sox 23397
Tigard, OR 97223
Dear Mr. Barker,
At the September 3 MACC meeting, the membership voted to accept the
Cable Consultant Selection Subcommittee recommendation that Telecommunications
Management Corp. of Los Angeles be offered a contract for consultant services.
We are in the process of developing the contract which will be presented to
the Commission at our next meeting.
The Commission also determined that costs for the consultant services
would be distributed among the membership on an adjusted per capita basis using
the 1980 Preliminary Census data. Attached is the distribution of these
estimated costs. It is anticipated that these costs will be recouped through
filing fees of the cable companies and funds returned to the respective
jurisdictions.
If you have any questions regarding these costs or the census data used,
please feel free to contact me or Connie Fessler at 357-7151.
Sincerely,
Daniel F. Durig
City Manager
DFD:CF:nhw
enclosure
I
CITY OF FOREST GROVE P.O. Box 326 Forest Grove, Oregon 97116 (503) 357-/151
AGREEMENT
This Agreement is entered into on the below subscribed date by
the Metropolitan Area Communications Commission (hereafter
referred to as "Commission") , a joint commission formed pursuant to
the authority set f^rtl: �n� ,-__�__ , ,,,,
j .41. CLVU (specifically ORS
190.003 through ORS 190. 110) as well as the charters and ordinances
of the local governments of which the Commission is comprised, --nd
Telecommunications Management Corp. , a California corporation
(hereafter referred to as "TMC" ) .
WITNESSETH
Recitals:
1. The Commission formed a subcommittee to solicit bids for
consulting services in conjunction with the Commission 's efforts to
develop a cable communications system for a suburban area comprised
of certain cities and the unincorporated area of Washington County.
2. The Consultant Selection Subcommittee developed and
mailed to several consulting firms a solicitation entitled "Request
For Information For Selection Of A CATV Consultant For The
Metropolitan Area Communications Commission Comprised of
Washington County and Suburban Cities Located In The Portland,
Ore on Area. " Thereafter, four consulting companies responded to
the subcommittee in a timely manner. Based upon the subcommittee 's
recommendation, the Commission has selected TMC to provide certain
consulting s^rvices to be carried out in two phases as described
hereafter in this Agreement. The Commission and TMC desire to
enter into this Agreement for such services on the terms and
conditions set forth below.
IN CONSIDERATION of the mutual promises contained in this
Agreement, and of the sums of money to be paid by the Commission to
..
----444 -A ;n tt_ic a reemnnt . it is understood and agreed as
® lPllQ.7. .1. 1iia.0 i _ —
follows:
Section I. Consulting Services To Be Provided By TMC. TMC
agrees to provide consulting services in two phases in accordance
with the following terms and conditions:
A. Phase 1 Services to be performed consist generally of
review of a draft Request for Proposal (RFP) prepared by the
Commission, a written evaluation of the RFP and attendance and
participatioi. in County Commission and City Council meetings during
the RFP review process. More specifically the services will
consist of the following:
1. Review of RFP. TMC agrees to conduct a thorough and
complete review and written evaluation of the draft RFP within the
time limits set forth below which shall include, but not be limited
to, the following particulars:
a. Suggestions, if any, for improving the format
and content of the RFP to ensure an adequate and clear response
from responding cable companies;
b. Suggestions, if any, for restructuring the RFP
to better enable the Commission to -judge cable company proposals;
C. Assurances that the RFP contains the current
i state of the art in dustry standards and compli eG with applicable
page 2 of Agreement
rules of agencies responsible for cable televisison regulation;
d. Review and recommendations on the various
service levels and stated Commission requirements and desires
included in the RFP in regard to their feasibility, usefulness and
the 11kell-hood of
their being provided by L
••t'•.•••�•..0 given lit'(.''
current status of the cable industry;
e. Review and recommendations on any additional
special conditions that should be required to meet the peculiar
needs of the intergovernmental effort;
f. Review and report on the relative wisdom of
including or excluding a draft of the proposed franchise
ordinance (s) in the RFP;
9• Comment and recommendations, if any, on any
other aspect of the RFP which may assist the Commission in
developing and providing a sophisticated, state of the art,
communications system at the most reasonable cost; and
g. Furnishing to the Commission a minimum of 50
copies of the written report and evaluation containing any
recommendations pertaining to the draft RFP no later than November
5 , 1980.
2. Meetinqs With Commission, County Commission and City
Councils. As part of services under Phase 1, which shall commence
upon the date of execution of this Agreement and culminate with the
delivery of the written report and evaluation no later than
November 5 , 1980 , the TMC representative shall be available and
1' 'upon request attend upon 48 hour notice by telephoneat least one
page 3 of Agreement
meeting of the governing bodies of each of the cities and
Washington County.
B. Phase 2 Services to be performed consist generally of
review and evaluation of all proposals that are received by the
Commission as a result of the RFP process. More specificiall_y, TMC
agrees LV j-/CLLVlIII L17C following 7CLVtl.2j:
1. To perform, during the period commencing February 2 ,
1981 through March 20 , 1981, an independent review and written
evaluation of all proposals received pursuant to the RFP process;
2. To provide a minimum of 50 copies of the written
evaluation to the Commission no later than April 1, 1981;
3. To asssist in final franchise negotiations prior t-
award among the Commission, Washington County, the cities and the
designated franchisee ; and
4 . Throughout the entire Phase 2 process, to be
available to the Commission for advice and assistance as needed.
Section II. Commencement of Performance by T+iC. Subject
to the procedures set forth below, TMC agrees to commence
performance of its services under this Agreement immediately and
its services shall continue until both Phases 1 and 2 of the
franchising process have been completed by the Commission, as it is
now or hereafter constituted.
Section III . Compensation by the Commission. As compensation
for the services of TMC under this Agreement, the Commission agrees
to pay TMC the following amounts:
A. For Phase 1 services as set forth in this Agreement,
the sum of $6,000 plus the cost of travel expenses. The specified
page 4 of Agreement
$6 ,000 compensation shall be paid in full by the Commission within
thirty days of the date of actual billing by TMC, whir-h hi11ina
shall be no earlier than following completion of the Phase 1
services.
B. For Phase 2 services --g --`t forth. in this —11greemiient, —
L e sum of $2,000 plus $2,500 per application evaluated by TMC,
plus the ac-tI,a1 cnGt cif travel expenses_ The specified
compensation of $2,000, plus $2, 500 per application evaluated by
TMC shall be paid in full by the Commission within thirty days of
the date of actual billing by TMC, which billing shall be no
earlier than following completion of the Phase 2 services.
C. For reimbursement of the travel expenses, TMC agrees
to submit reasonably detailed statements of the actual costs of
travel expenses it incurs in performing this Agreement, which shall
be paid within 30 days after the statements are submitted and
approved by the Commission.
Section IV. Termination of Agreement by Commission. The
Commission shall have the right to terminate this Agreement at will
upon giving TMC ten days written notice of its intention to
terminate, addressed and mailed to the address of record of TMC as
set forth below in this Agreement. Upon giving such notice, this
Agreement shall terminate on the date specified in the notice.
Thereafter, the Commission shall pay TMC for all services performed
in accordance with the Agreement and travel expenses incurred to
the date specified in the notice. The product of all services
performed in accordance with this Agreement shall be and remain the
property of the Commission.
page 5 of Agreement
Section V. _Compliance With Local Codes and Regulations.
In
performing this Agreement, in addition to all federal and state
laws , TMC shall comply with ?11 1;;;
J, previsions and regulations of
the charters, codes, ordinances and other regulations of Washington
County and the cities comprising the Commission applicable to
contracts with public bodies_
Section VI. Addresses of Record. For purpnsAs of
..nY wr i L Len
.^.^ti.^„^_ icyillred
Pursuant to this Agreement or to otherwise meet the
Purposes of this Agreement, the following are the official adresses
of record for the parties:
A. For the Commission:
Mayor Jack R. Nelson
Beaverton City Hall
4950 S.W. Hall Blvd.
Beaverton, OR 97005
B. For TMC: Carl Pilnick, President
Telecommunications
Management Corp.
6380 Wilshire Boulevard
Los Angeles, CA 90048
Section VII. Non—Assignability. TMC agrees it shall not
assign this Agreement nor its interest in it to any other party
without the written consent of the Commission.
Section VIII. Other A reements.
Nothing in this Agreement
shall prohibit TMC from entering into separate or additional
agreements with any member unit of local government which is
represented by the Commission for additional consulting services.
Section IX. Commission Changes and Time Limits. TMC and the
Commission understand that there may be changes in the composition
of the Commission itself, which shall not alter TMC 's duty to
provide the agreed services or the Comission 's duty to compensate
TMC as agreed herein. Time limits have been provided in this
page 6 of Agreement
Agreement but the parties may alter by mutual agreement the time
limits if unforeseen circumstances delay the anticipated completion
dates.
Subscribed and agreed to in duplicate and executed this
day of 1980 .
METROPOLITAN AREA COMMUNICATIONS
COMMISSION
By:
Chairman of Board of Commissioners
TELECOMMUNICATIONS MANAGEMENT CORP.
By:
Title
page 7 of Agreement
r
CA I TIGAMD
V4ASHINGTCTN ZCDit Z 7.b RE-G TN
September 18, 1980
PORTLAND GENERAL ELECTRIC CO.
L7w wrw..- TS
I.GOrGLLf Y��yQ iV1. •
14655 SW Old Scholls Ferry Road
Esaverton, OR 97005
Attn: Ken Snyder
Dear Mr. Snyder:
The City Council has directed staff to initiate action to augment our existing
streetlight system, via P.G.E. Co., by additions of the following units (also
illustrated on the enclosed map):
1) Seven 48,000 L=en 77.7 Sodium Vapor units along S.W. Pacific
+ Highway, from S.W. 71st Avenue to the Washington-tiultnomah County
line, on existing pole(s) number CII-36A #1360, and CII-36 #1360,
#1361, #1363, #1364, #1366, #1367.
2) Four 22000 Lumen H.P. Sodium vapor units along S.W. Hampton Street,
between S.W. 72nd Avenue and S.W. 68th Parkway, on existing pole(a)
number C21-1 #5662,#5404, #6201, #6200.
3) Eleven 22000 Lumen H.P. Sodium Vapor units along S.W. Bonita Road, `
between S.W. 72nd Avenue and S.W. Hail Boulevard, on existing pole(s)
C21-12 #3765, #3766, #3113, and C21_-12A #1376, #1375, #1373, and ,
C21-12 #1368, #3112, #1364, #3126, 41362.
4) Three 22000 Lumen H.P. Sodium Vapor units along S.W. Hall Boulevard,
between S.W. Dorburn Place and S.W. Durham Road, on existing pole(s)
C21-12 #3073, #3075, #3076.
5) Three 22000 Lumen H.P. Sodium Vapor units along S.W. 98th Avenue,
between S.W. Durham Road and S.W. Summerfield Drive, on exist-
ing pole(s) C21-11 #1590, #3014, #3015.
6) One 22000 Lumen H.P. Sodium Vapor unit on S.W. Gaarde Street, be-
tween S.W. 110th Avenue and S.W. Pacific Highway, on existing pole
C21-10 #952.
12,420 S.W. MAIN P.O. BOX 23397 TIGARD, OREGON 47223
PH: 639-4171
s'
Ken Snyder September 18, 1980
Page 2
z
7) One 2200v lom a H.P. Sodium Vapor unit on S.W. 121st Avenue,
bet-ween 5•W0 iSdoWUVd Ls ve and S.W. Manz anitB
existing pole CII-34 #12154.
® 8) Two 22000 Lumen B.P. Sodium Vapor units along S.W. Greeaburg .
Road, between S.W. Cascade Boulevard and the iseaverton-Tigard
Highway (No. 217)..on existing pole(s) Cll-35B #4659 and CII-35
f4619.
9) One 22000 Lumen H.P. Sodium Vapor unit at the intersection of
S.W. Greenburg Road with S.-9. Tiedeman Avenue, on existing pole C21-35 ir5015.
Please proceed to have the aformentioned streetlights installed as soon as
possible; billing to be to the City in accord with P.G.E. Company Schedule
f91, Option "A".
Yours truly,
Frank A. Currie, P.E.
Director of Public Works
Enclosures
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0
CITY®F TI6A RD
WASHINGTON COUNTY,OREGON
I
i
ILAND US.:. APPEALS TO THE CITY OF TIGARD I
The Tigard Municipal Code requires that appeals from
decisions of the Planning Commission be filed on the attached
forms. Appeals must be filed in duplicate at the City Hall
within the time limit provided in the Code.
Appeals to the City Council will be placed on the
Council's agenda about four weeks after they are filed. Notice
of the setting of the matter on the Council's agenda will be
sent to those notified of the hearing before the Planning
Commission and to all persons who have made an appearance in
connection with the matter.
The appealing party should be prepared to make a
brief presentation to the City Council at the scheduled time.
Council members will have been provided with materials on the
case before that presentation is made. These materials will
include the written appeal statement filed by the person making
the appeal. The Council is required to hear all appeals and
decide each case on its merits, but it does not consider new
evidence, and in preparing a presentation for the Council you
should be careful to avoid offering evidence which was not
presented to the Planning Commission. The function of the
presentation to the City Council is to assist the Council in
understanding what happened at the Planning Commission and the
contentions of the parties as to whether the action of the
Planning Commission was proper or improper. The proceeding is
an appeal, and not an additional opportunity to submit evidence.
The Council will be familiar with the evidence submitted before
the Planning Commission.
12420 S.W. MAIN P.O. BOX 23397 TIGARD OREGON 97223 PH: 63 9-4171
BEFORE THE CITY COUNCIL OF TIGARD, OREGON
NOTICE OF APPEAL File No.
1. Name:
2 . Address:
Street
City State Zipcode
3. Telephone iso. :
4. If serving as a representative of other persons, list their names
and addresses :
5. What is the decision you want the City Council to review?
(Examples : denial of zone change; approval of variance. )
5 (a) The decision being appealed was announced by the Planning Commission
on
date
5 (b) Date written decision filed with Clerk:
6 . On what grounds do you claim status as a party? (See Section
Tigard Municipal Code)
7. Grounds for reversal of decision. (Use additional sheets if necessary. )
Your response should deal with the following:
(a) Explain how your interest is damaged.
(b) Identify any incorrect facts mistakenly relied on in the
decision or recommendation from which you appeal.
(c) Identify any part of the zoning code or other law which you
claim has been violated by the decision or recommendation
from which you appeal.
Mll
(d) Describe what decision you are asking the City Council
- to make.
r
8 . Estimate the amount of time you will need to present your argument to
the Ci ty ('n»nrri 7 fmi �.-unc4 t. �__,
��,.c �vuii�ii ri-* "' schedule more than 15 minutes
per side only in extraordinary circumstances. Each side will be given
the same length of time for its presentation. )
Signed:
(date)
FOR USE OF CITY
Date and time of filing:
Date set for Council consideration:
Time allowed for arguments : /side
Entered by:
z
9655 S. W. North Dakota
Tigard, Oregon 97223
September 16, 1980
Mr. glad Voytilla
Designer/Project Manager
Tualatin Development Company, Inc.
1 11 l 1 1 \ W ■ ■ L i.L
• a+V .ta H�/CTE3.1e
Tigard, oregon 97223
Dear Mr. Voytilla:
I have received your letter of August 21, 1980,
I find your broad allegations concerning inconsistencies between
the Planning Commission and the Tigard City Council to be offen-
sive and perhaps not in the best interests of the Tualatin Develop-
ment Company, Inc.
The records of the proceedings of the Tigard City Council as well
as the Tigard Planning Commission are clear in demonstrating both
of these bodies interest 's in soliciting and in evaluating the
recommendations of the citizenry of Tigard and its environs as well
as various industrial and developmental organizations.
The Tigard Planning Commission would be pleased to provide an
appropriate review of any specific ideas or suggestions you or the
Tualatin Development Company may have. I would suggest that a
meeting between yourself and the Planning Oommission e:o_1
mature without such specifics however. d be pre-
Your letter seems to imply that you are speaking for the "home
building industry" rather than just yourself or the Tualatin
Development Company as one company in the industry. If you do in
fact represent the home building industry as a class, the Planning
Commission would require appropriate evidence of this fact.
We would appreciate receiving your specific suggestions on this
point and any others you wish to make known.
our tru y,
e
Francis J. �Tepedino
Chairman
Tigard Planning Commission
FJT:kv
•• -�L-s u..�;�fir. �a' y►----. , t�,���tn..s � '�����sc- �a•f-�
MINITTES
TIGARD PLANNING COMMISSION
September 2, 1980 - 7:30 P•m-
Fowler Junior High - Lecture Room
10865 SW Walnut Street, Tigard
Vice President Speaker OPEIIED the meeting at 7:35•
ROLL CAL-:
Present: Bonn, Funk, Herron, Kolleas, Moen, Speaker
Absent: Helmer, Tepedino
Vacant: one seat
Staff: Howard, Newton
The MINUTES of the August 12 meeting were considered.
n motion
of Helmer, seconded by Kolleas, they were unanimously app
There were no COMMUNICATIONS unrelated to agenda items.
The president read the usual notice of authority for and
procedure to be followed in the meeting, and opened the PUBLIC HEARINGS
portion of the meeting.
5.1 ZONE CHANGE PLANNED DEVELOPMENT DISTRICT, ZCPD 24-80 and
VARIANCE, V 10-80 (Oregon Education Association Phase 11
Construction) KPO #4
A request by Balsiger Shewbridge Architects for a Zone
Map Amendment from City of Tigard C-3 "General Commercial?
to City of Tigard Comprehensive Plan designation C-PPD
"commercial Professional Planned Development District''
Zone with a request for a building heightv variance
from on
forty-five (451) feet to seventy-five (75,)
feet 32.42 acres on the east side of 72nd and on the north side
of Atlanta continuing to the north side of 67th/Atlanta
Intersection and on the wast side of I-5 (Wash. Co. Tax
Map 1S1 36DA, Tax Lots 100, 101, 102, 902 & 2300).
Howard read the STAFF REPORT and RECOMMENDATIONS. He also read
a letter from Donald Pollack highly approving the 75 foot variance, and
one from the Tualatin Rural Fire Protection District requesting a
fully automated fire sprinkler system in the 75' building, and minor
changes in access for fire equipment. Howard called attention to the
condition for site design reviews at which such changes as are required
will be made.
The APPLICANT'S PRESENTATION was made by Ron Showbridge, 7311
SW Hunt Club Lane, Portland, arcYiitect for the project. He pointed
t out that the only view into the project was from the U-Haul mini-storage
MINUTES
TIGARD PLANNING COMMISSION
September 2, 1980
Page 2
Warehouse to the north, and explained that chile the five story building
is some time down the line, they wished to get the variance 'oaken care
of at the 6=e time as the zone change.
PUBLIC TESTIMONY: Carl Johnson, 6155 SW Bonita Road, Lake Oswego,
inquired about the circulation pattern, responded to by Howard with
probable development patterns and timing. Speaking in opposition was
Robert Slate, 11200 SW 72nd Avenue, resident directly south of the
prOjeGL,
�+ �+ R •-d does not need such tall buildings.
iGCliug '...-
^'_LOSS-EXAMINATION AND REBUTTAL: Mr. Shewbridge responded, stating
there is no intention to remove the tall trees, which effectively
screen the a_r`ea. He responded to a question about traffic pattern
and flow in the project, stating most of the employees reach the complex
from the Haines Interchange on I-5.
COMMISSION DISCUSSION AND ACTION: Funk asked questions about
interiorstraffic patterns. Speaker raised a question about whether
this would come back to the Planning Commission for Phase III. Howard
stated it would depend on whether there would have to be a sensitive
lands application; in any case Phase III would have to go through
site design review. Moen questioned the propriety of the 75' building.
Howard pointed out it is allowed by NPO 4 in this area, and Shewbridge
explained the economics and energy efficiency of the building worked
out batter this way than for a lower building.
Funk MOVED approval of ZCPD 24-80 and Variance V-10-80 based on
staff findings and recommendations for both Part A and Part B. Kolleas
seconded the motion, which carried unanimously.
5.2 SUBDIVISION, S 6-79 (wolf Creek Estates) NPO #6
A request by Michael D. Elton for a resubmittal of a Sub-
division Application located at the southwest corner of
SW 108th and SW Durham Road (Wash. Co. Tax Map 2S1 15A,
Tax Lot 1500).
Howard read the STAFF REPORT and RECO*1MENDATIONS.
The APPLICANTOS PRESENTATION was made by Edward Engel, attorney,
875 Boise Cascade-Building, Portland. He opened with the statement
their purpose in appearing tonight was to see whether an agreement can
be reached with the Planning Commission so development can proceed.
He stated the case is now before the Land Use Board of Appeals, but
that if a settlement can be reached tonight they would drop the appeal.
He reviewed the history of the appearances before the Commission and
the Council, and read excerpts from previous Planning Commission minutes.
MINUTES
TIGARD PLANNING COMMISSION
September 2, 1980
Page 3
He asserted the sole issue for the previous denial (which is the matter
on appeal) was access to Durham Road (reading from the minutes of the
December 4, 1979 meeting), and that this is not proper, since the
comprehensive plan classifies Durham as an ar:_er•ial street. Mr. Engel,
working with City Attorney Bailey, had a late August hearing on the
Cas® postponed in vuci to ..cee if a sat{sfpe:tary resolution can be
_ _
J 9l vo
secured at the planning commission level; It UOt, tue c&ze W1i1
pursued in court.
Engel enumerated conditions or portions or wording of condItIons
which are unacceptable to the applicant; Staff Recommendations 1, 5,
9, 11 and 15. He reported an intervenor in the court case would like-
wise withdraw if something can be worked out in this hearing. He
Introduced Michael Elton, the owner, who described features of the
development. Mr. Engel then reiterated the matter would continue
to be pursued in court unless (as he hoped) a satisfactory resolution
could be reached here tonight.
PUBLIC TESTTIMO`IF was offered by -p
*++ Wilbur Bishop, 10590 SIT Cook Lane, who inquired how 110th
mould eventually reach 113th Avenue. Howard drew a rough sketch of
the properties in the area on the blackboard, and indicated possibili-
tien as properties develop.
+++ Donal McIntosh Sr., 7148 Sri? Laview Drive, Portland, owner of
property adjoining that just previously discussed. He expressed the
conviction the property in the area can be advantageously developed,
but regretted the applicant had not discussed it with him.
CROSS-EXAMINATION AND REBUTTAL: Discussion followed among Speaker,
u_nward. Enrol and Elton on a variety of subjects, including the zoning,
the homeowners association as condition In staff recommendations and
enforcement of maintenance without--a homeowners association, the
limited access status of Durham Road, and the language of Conditions
9 and 15. With respect to the substitution of deed restrictions in
lien of a homeowners association, Howard suggested they submit to him
proposed broadened deed restrictions to accomplish the purpose desired.
This Engel was unwilling to do on the basis the signle cause of rejec-
tion previously was the road access, which is resolved in this hearing.
In defense of Durham•s limited access Speaker cited a nearby development
of 40 acres which Will have a temporary access until adjacent property
Is developed, when it will have no direct access of its own. Engel
objected on the ground that such a no-access policy, to be enforceable,
must be an adopted public policy, and that there is none such from the
planning Commission or the City Council for guidance of developers;
therefore it is not a valid consideration, and that is one of their
arguments before the Appeal Board.
Speaker inquired why they object to the PD designation. Engel
MINUTES
TIGARD PLANNING COMMISSION
September 2, 1980
Page 4
stated they felt it would require yet another appearance before this
body, and reiterated that since they were turned down last time solely
because of access, they feel the imposition of the conditions attached
to the current proceedings are 'ounfair". Howard objected to their
threat to carry on with the Land Use B9ard of Appeals if they do not
=-tt,t"o hs� ,-+ vv felt this belied wr� thei r avowed
-
�_ ar:LnF. u
desire to cooperate.
Howard stated the Commission would not have to hear this applicant
again, because if he would accePt va�s0 P D dOG4 9na-'On til". Cc--49910n nn
can, at this meeting, approve both a preliminary and general plan for
this development. Also required would be submission by the applicant
of languago agree—ab-18 to the P—I-nning Director and Public Works Director
_ to assure maintenance by the homeowners of the greenway.
The R-5 designation is mandated by the comprehensive plan, and the
PD designation by the sensitive lands involved. The applicant's next
appearance would be before the City Council. Elton•s major concern is
that the lotting pattern be not changed, since he feels it is a very
good one. Howard pointed out that the City Council does have the power
to make any changes they desire.
COMMISSION DISCUSSION A.ND ACTION: Bonn felt this was a good
development now. Funk pondered if one or two additional lots could
be secured under the R-5 designation, but the applicant does not desire
any more.
After some further discussion, Bonn MOVED approval of Subdivision
S 6-79/Zone Change Planned Development ZCPD 25-80, together with
approval of the planned unit development at the preliminary and general
clan level, be-and on otaff findings and recommendations, with changes
in recommended conditions as follows:
*** 9. Second sentence to read: "Easement to be terminated
when temporary access to Durham Road is terminated."
*** 15. Delete in the last sentence the words "recording of the
final-plat or".
*** Add'20: On lots abutting sensitive lands, buildings may be
constructed to the edg3 of the sensitive lands, even though this may
not be in accord with a strict application of the setback requirements.
The motion was seconded by Funk and carried, with Moen voting no.
The president declared a five-minute recess at 9:35-
5-3 ZONE CHANGE/CONSPREHENSIVE PLAN RE'JISION,
,, ZC/CPR 23-80 (Robert Randall Co.) NPO #6
MINUTES
TIGARD PLANNING COMMISSION
September 2, 1980
Page 5
A request by the Robert Randall Company for a Zone Change/
Comprehensive Plan Revision from C-3 "Commercial Retail"
to A-12 "Urban Medium Density Multifaaily Residential" _
and C-4 "Residential Commercial" located at the northwest
corner of SW Hall Blvd. and SW Durham Road (Plash. Co.
Wa2G Map �.`7i --".i, a= nawt ZVO a
Howard read the STAFF REPORT and RECO2It'JDATIONS, making certain
deletions to Conditions 1 and 2. He also read into the record a letter
from Gary Cramer, General Manager of the Unified Sewerage Agency,
stating that at tiles there are unusual odors and noises em-3nating
from the sewage plant, plus at times heavy vehicular traffic into the
plant. He expressed the opinion commercial-retail on the property at
the northwest corner of Hall and Durham would be more compatible than
medium density residential.
APPLICANT'S PRESENTATION: Paul Yang, representative of The Robert
Randall Company, stated they proposed downzoning 94. per cent of the
property, using only 6 per cent of it for residential retail applica-
tion. This request on their part is based on their market analysis.
They propose 9 units per acre rather than 12 per acre as allowed by
the requested zone.
PUBLIC TESTIMONY: Speaking basically in opposition, but also
In order to get additional information on the proposal, were --
Ron Black, 8840 SW Avon Court, who inquired the nature of
the apartments contemplated. Yang stated they propose condominiums,
some of which would be two story along the western boundary. Black
Inquired what the property to the north of the project is zoned.
Howard stated both sides of Hall Boulevard in this area are zoned R-5,
and pointed out that a conditional use at this zoning is duplexes or
attached single family on 10,000 foot lots. Black inquired about
possibility of relief from a bad traffic situation--one entrance only,
onto Durham Road-min his development. Howard outlined the relief that
would come from the Durham Road LID and development of the rest of the
property between Durham and Sattler Roads. Additional concerns expressed
were vandalism from apartment dwellers and decrease in property values
due to adjacent multiple housing. He inquired about the procedures
In general, responded to by Howard.
*** Dale Tallman, 8895 SW Avon Court, expressed concern about an
apartment complex across the streat from the high school.
*** Ron Dennis, 8820 SIT Avon Court, objected to a tyro-story
condominium adjacent to his back yard.
*** An unidentified woman inquired the type of commercial
development, responded,to by Yang, who described possible residential
service type establishments in the 7,000 square foot building. She
MINUTES
TIGA_RD PLAMTING COI-IMISSION
September 2, 19$0
Page 6
expressed a desire for information on what is contemplated by the
developer. she admitted prejudice against development, and expressed
concern about activities of high school students.
CRoss-mcARTINATZON AND REBUTTAL: Yang explained possibilities
under the present zoning, and a the benefits tO the area from the down-
zoning as proposed. He explained that whether the units would be
rented by Randall or sold as condominiums Mould depend upon the economic
._,nc ms.o r developer can achieve a better looking and
climate.
lie eXY.L" u
better landscaped community than a community of individual property
owners. As a result of questions raised, the president suggested the
neighbors look at other Robert Randall projects in the area, and that
the Randall Company meet with the residents of the adjoining development
to explain what is proposed.
Yang asked Recommendations 9 and 10 be changed by substituting
"occupancy permits" for thulldIng permits„ -- readily agreed to by -
Howard. Howard then added Condition 14 as follows: "Dedication along
the south boundary sufficient to provide 45 feet of right-of-tray from
the center line of Durham Road shall be made; and nonremonstrance
agreements for a Durham Road LID shall be made a portion of the final
plat, and made a part of each deed." Because of this, the reference
in Condition 1 to Durham Road is stricken.
C014MISSION.DIscUSSION AND DICTION: Funk expressed concern about
the commercial portion, wishing it deleted entirely; but if it is
developed he questioned whether it should exit on Durham. Herron
expressed the same concern, citing the Durham Grade School just a
little east on Durham. The consensus favored the commercial portion
facing Ha'-11 Boulevard.
Bonn MOVED approval of ZC/CPR 23-$0, based on staff findings and
recommendations, with-recommendations modified as follows:
*•* 1. Reference to SW Durham Road deleted.
+�t+ 2. The last-sentence with respect to traffic signal deleted.
owa 9 and 10:_ Sub-tituto "occupancy permits" for"building
permits7.
+•* 14 (added) See language in third paragraph this page.
While not making it a condition, it was agreed at site design review
the project should have only one access to Durham Road and one to Hall
Boulevard, and that the commercial building should face Hall Boulevard
rather than Durham Road.
The motion was seconded by Kolleas and carried unanimously.
MINUTES
TIGARD PLANNING COMMISSION
September 2, 1980
Page 7
5.4 ZONE CHANGE PLANNED DEVELOPMENT DISTRICT, ZCPD 1-80
(Copper Creek) NPO #6
A re-hearing, directed by the Tigard City Council, for a
rAznest by the Tualatin pevelopment Company for a General
Phan Re iew of :��upe 1 1 Copper Creek s�tAl—r.o f0 _= o
Map Amendment from Washington County RS-1 to City of Tigard
Comprehensive Plan designation R-7PD "Single Family Resi-
dential Planned Development District"_located south of
Durham Road and east of Serena Way at Pick9s Landing
Subdivision (mash. Co. Tae Map 2S1 148, Tax Lot 100)-
Howard read the STAFF REPORT and RECO11MENDATIONS.
The APPLICANT'S PRESMTTATION was made by Vlad Voytilla of Tualatin
Development Company, Inc. , 15300 SYl 116th Avenue. He a5reed with much
of the staff's presentation, but offered a few corrections. He showed
some slides illustrating the large, as yet not-to-be-developed lot-,
numbered 116 in the current presentation. He stated their engineers
calculated it contains 1.70 acres, Whereas staff's calculation :las
2.50 acres. He showed a sketch of how this lot might be platted :rith
no more than 8 lots, rather than the 15 shown and used in the staff
repoet for density calculations. He indicated this lot should be
developed in connection with the one-acre parcel adjoining, which is
not owned by TDC.
Voytilla called attention to a discrepancy in the Findings of
Fact as to the acreage of floodplain to be dedicated to the city:
1.5 as shown, vs. 5.47 actually to be dedicated. One slide showed the
NPO 6 dentgnation of nrban low denralty at 4 units per acre, whereas
they are proposing only 3.1 units per acre in Phase II. He also pointed
out the NPO provided for allowing smaller lot sizes under a Planned
Unit Development. With open space, he said there is over 11,000
square feet per unit in this project. He felt the prasent proposal
addressed the concerns of the City Council: all private drives have
been eliminated, and the average lot size has been increased and the
density correspondingly decreased.
There was no PUBLIC TESTIMONY offered.
CROSS-EXAMINATION AND REBUTTAL,: Moen inquired the density of
Pick's Landing adjoining. Howard reported it has 133 units. Moen
objected to the 20-foot minimum setback from curb, pointing out that
a car parked in the driveway would make the sidewalk unuseable. It
was pointed out this is the minimum in Summerfield and appears to work
satisfactorily, bu�%, Moen objected that Summerfield is largely populated
by older or retired people, and this development will presumably contaim
xamllles and a more uiYer-se popUllationo
MINUTES
TIGARD PLANNING COMMISSION
September 2, 1980
Page 8
The zero setbacks were discussed. Speaker suggested an area
where large lots might be considered was along the river..-that the
3,750 square foot lots there might be increased to 7,500 square feet;
that they had talked previously about innovation I r thts.project,
® which would be appropriate on some of the smaller interior lots; but
tua interests of diveraity of housing in TIgard, perhaps larger
homes on full size lots along the river would enable TDC to provide
diversity within their own project.
COMMISSION DISCUSSION AND ACTION: The question of density bonus
for a planned unit development was discussed. It was pointed out that
the density requested in this proposal is within the limits of density
bonuses allowed for PDs in the past. Bonn expressed satisfa:::ion with
the project as now presented, and MOVED approval of ZCPD 1-80 on the
basis of staff findings and recommendations, and that the request under
the PD designation does address the density issue, the other issues
having been addressed. The president called attention to Condition 1
with respect to the commission setting the density for Stage II. The
115 units requested was inserted in the motion. The motion was then
seconded by Funk. Moen still objected to the 20-foot setbacks. Funk
stated he felt that way previously, but was persuaded by Commissioner
Smith at the previous hearing it does work. The motion then carried,
five to one, vrith Moen voting no.
At this time (11:07) it was ascertained the bulk of the audience
was interested in the Brookside Condos matter rather than any of the
other three agenda items, so tho meeting proceeded in accordance with
the printed agenda.
5.5 VARIANCE, V 11-80 (T.D.C./Brookstde Condos) NPO #6
A request by the Tualatin Development Company for a setback
a.a height variance located at 10820 SPI Meadowbrook Drive
(Wash. Co. Tax Map 2SI TODD, Tax Lot 7800).
Howard read the STAFF REPORT and RECOMMENDATION and drew diagrams
on the blackboard illustrating the physical situation as it exists
now. He outlined the alternatives.
The APPLICANT'S PRESENTATION was made by John Adams, chief of the
design staff of Tualatin Development Company for a number of years.
He explained the original concept was for apartments in this area,
but that subsequent market analysis indicated it should be sold as
condominiums instead. The apartments were planned with a laundry room
serving several apartments, whereas condos require laundry facilities
f. in each unit. In the adjusting of building configurations to accommodate
tars change, the Condition 13 of the March 22, 1977 Site Design Review
MINUTES
TIGARD PLANNING COMMISSION
September 2, 1980
Page 9
was overlooked and the building !a now constructed with two stories
at a distance of 35 feet (instead of 30 feet) from the property line
of the single family residence adjoining. Mr. Adams showed some slides
of the area, views of and from the building, and a view of a building
with a one-story unit on the end. He showed that because the condo is
built on ground lower than the AiPh lwrd ,curt ,dor
1]T1A AP tuv t`� 6_�__ L�_�� _.�
a`coJ_ 1;Cls, the roof
�� oov�y wutLv-Xng is only about six feet higher +h^,^ 44'a Wo
roof line of the adjoining residences. Mr. Adams freely admitted
this was a mistake due to an oversight on his part.
1'ua.BLic TESTIMQNT, all in opposition, was given by
*** Fred Anderson, 8865 BY/ Center Street, Tigard, attorney and
former City Attorney, representing 17 residents, stated this should
not be decided on the basis of sympathy, but oa the basis of law;
and that on that basis the planning commission could not vary Condition
13 of the March 22, 1977, Site Design Review because it does not meet
the ordinance requirements for a variance. He cited a number of legal
treatises on the subject of variances, and stressed self-created
hardships particularly. With the aid of a large map he discussed
the history of the area and the reliance by the residents on the site
design review conditions. He cited several more cases and laws appli-
cable, and suggested the commission seek the advice of the City Attorney
before granting this variance. He asked for denial because of lack
of any legal standing for approval.
Speaker asked Anderson what hardships his clients might have,
particularly if they were buffered with good shrubbery. Anderson
replied he was not there to give testimony on the factual situation;
he stated he was present to discuss the legalities of the situation.
Speaker then asked what he nronnaea tt,A m_„sz s+i_ ,�_,
about the situation, to which he replied, _ -� I%jr�auL Company do
"Cut it down, make it legal."
*** John Forrest, 15845 SW Highland Court, referred to a previous
statement by the Planning Director that once a development is platted,
that is the way it is built. He agreed with that process, and asked
It be followed in this instance. ,Speaker asked him in what way he
felt he was hurt. He stated he was standing on the legal record, and
that they do not have to be hurt to expect development in accordance
with plans previously approved.
The president asked staff if the commission has the poorer to grant
the variance. Howard stated it did, and offered suggestions as to
how the matter could be handled legally if it was the desire to grant
relief from the Condition-.13 at issue. There followed considerable
discussion among..Speaker, Funk, Adams, and members of the audience
Including Betty Forrest, in which it was clear the residents had no
MINUTES
TIGARD PLANNING COMMISSION
September 2, 1980
Page 10
confidence nor faith in Tualatin Development Company, although denying
their protest was motivated out of spite. After a reference to a
past statement by Howard from the audience, he agreed the residents of
Highland Court had not had 100 per cent cooperation from TDC; that so
long as he has been with the city there has been controversy between
the parties. He outlined whst he perceived as the only two alternatives:
mN «ea....., 1L� L_s
-..«U_o hwe 91671ght of the bulldi.ng, or they work out together an
ac-sY6a le solution, such as screening, a berm, etc. He cautioned
that if TDC was required to take the building down, the residents
� L— f the i_1_�..� Dor 7J t
vvutlli expects b, Y� i'v caaavia va bat is 1tlIIgLQ of L7.mC 1b b0.a1cG iVi 1y b1 SiX L1 Vti
In such cases in Wazhington County, to look at that unfinished building
for perhaps three years. T ,;s was not well received by the audience.
Paul J. Rask, 15405 SW 116th, the attorney for Tualatin Development
Company, called attention to several facts: TDC is well able to let
the building stand unfinished for the two or three years it would
require to litigate the matter; the original concept was apartments,
but was changed to individually-owned condominiums, with the residents
as owners instead of renters, and the benefits to the neighborhood
accruing therefrom; that the appearance at the moment is pretty bad,
but it is still unfinished and will look much better when finished;
and he opined the questioning about what harm has been suffered by
the residents is appropriate.
At 11:58 the president closed the public hearing on the matter.
COMPASSION DISCUSSION, AND ACTION: Discussion on the commission
centered on what can be dons to alleviate the rather stark appearance
of the unrelieved blank two-story wall. Adams suggested a Dutch eaue
line to help create the effect of a one-story section. Bonn suggested
a compromise including action to relieve the starkness of the blank
wall, and moved for approving the variance. Howard then stated his
conviction the matter should be tabled, with instruction to the parties
to stork between them for a resolution of the issue, because of possible
litigation whichever way it was decided. He advised the commission to
keep from getting between lawyers on opposite sides. If TDC and the
residents cannot reach a decision, it will then come back to the
commission--first on the agenda, he assured the audience. Thereupon
Bonn withdrew his motion and MOVED the matter be tabled, with instruc-
tions the parties together attempt to work out a solution. The motion
was seconded by Moen, and carried five to one, with Funk voting no.
The president ascertained that more members could attend a meeting
on September 16 than on September 9, whereupon at 12:05 he ADJOURNED the
meeting until September 16.