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City Council Packet - 02/09/1981 TI ARD CITY COUNCIL REGULAR MEETING FEBRUARY 9 , 1981 , 7 :30 P.M. FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME ON THE APPROPRIATE SIGN-UP SHEET(S) LOCATED AT THE 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. CALL TO _AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITMES . 5 . CONSENT AGENDA: (All matters under this heading are considered to be routine by the City Council and will be enacted in one motion in the form listed below. There will be no separate discussion of these items . If discussion is desired by any Council member or member of the audience, that item will be removed from the consent agenda and will be considered separately. ) (a) Approval of Minutes : January 26 , 1981 . (b) Approval of Expenditures and Investments : $ 126,,710, _95 (c) Written Communications - Receive and File .Portland Metropolitan Area Local Government Boundary Commission re: Resolution No. 50 assigned proposal No. 1688(see Item #f23 ) .Transmittal from Attorney regarding incident of August 1980 . (d) ACCEPT AND APPROVE SIGNATURE OF MAYOR AND CITY RECORDER Street Dedication - William A. & Madeline T. Cochran 10695 SW North Dakota 10 ' on N. Dakota . S .W. Walnut Street Sewer LID, Easement No. 1 Dale Construction Company Hillview Sanitary Sewer Ext. , Fredrick C. & Lynn M. Wolf (e) RESOLUTION No. 81-08-RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCT- ED WITHIN BARBEE COURT SUBDIVISION, SUBJECT TO HEREIN SPECIFIED CONDITIONS . (f) RESOLUTION No. 81- Oc�A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC SANITARY SEWER IMPROVE- MENTS KNOWN AS THE SCHRAMM SANITARY SEWER EXTENSION, GENERALLY LOCATED NEAR S .W. HALL BLVD AND S .W. BURNHAM AVE. (g) RESOLUTION No. 81-_IQ_A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC SANITARY SEWER IMPROVEMENTS KNOWN AS THE BISHOP— SANITARY SEWER EXTENSION, GENERALLY LOCATED NEAR S .W. PARK STREET AND S .W. PACIFIC HIGHWAY. 6 . TIGARD COMMUNITY YOUTH SERVICE PRESENTATION (a) Presentation by Tigard Community Youth Service 7 . OLCC APPLICATION APPROVAL .Circle K #572, 9930 SW Walnut, Tigard, Oregon 97223 , PS Application .Bannings Restaurant & Pie House, 11477 SW Pacific Hwy, Tigard Oregon, R Application . 7-Eleven Food Store No. 2342-16394, 10650 SW McDonald St, Tigard, Oregon, PS Application . 7-Eleven, S.W. 122nd & Scholls Ferry Rd, Tigard, Oregon, PS Application .Connies Grocery, 16035 Upper Boones Ferry Rd, Tigard, Oregon, PS Application (a) Recommendation of Chief of Police 8 :00 P.M. PUBLIC HEARING 8 . S .W. 72ND AVENUE STREET IMPROVEMENT DISTRICT PROPOSAL (a) Public Hearing Opened (b) Summation by Director of Public Works (c) Public Testimony Proponents Opponents Cross Examination (d) Recommendation of Director of Public Works (e) Public Hearing Closed (f) Consideration by Council 9 . AUDIT CONTRACT ADDENDUM - Authorize Signature of Mayor & City Recorder (a) Recommendation of City Administrator 10 . POLICE BUDGET MANAGEMENT REPORT - Personal Services Accounts (a) Report by Chief of Police 11 . FEEDBACK - COMPREHENSIVE STREET PLAN ( (a) Recommendation of Public Works Director PAGE 2 - AGENDA, February 9, 1981 12 . DISCUSS COUNCIL REVIEW OF THE CITY 'S COMPREHENSIVE PLAN (a) Request by Mayor 13 . REPORT ON JANUARY 26TH MEETING WITH COUN'T'Y & BOUNDARY COMMISSION (a) Mayor Bishop & Councilwoman Stimler 14. RESOLUTION NO. 81- A RESOLUTION OF THE TIGARD CITY COUNCIL REPEAL- ING RESOLUTION NO. 81-07 SUBSECTION (B) AND INSERTING THE FOLLOWING LANGUAGE REGARDING STREET IMPROVEMENT DISTRICT NO. 22 FOR SW HAMPTON STREET. (a) Recommendation of Director of Public Works 15 . ORDINANCE NO. 81-02 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. (Clyde Jacobsen) (a) Second Reading 16. ORDINANCE NO. 81-03 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. (Kittleson/Brown) (a) Second Reading 17 . RESOLUTION NO.81- RESOLUTION DECLARING THE INTENT OF THE CITY OF TIGARD TO ACQUIRE JURISDICTION OVER A PORTION OF SW 66TH AVENUE. (a) Recommendation of Director of Public Works 18 . ORDINANCE NO. 81- AN ORDINANCE ACCEPTING THE PROPOSAL AND OFFER OF THE BOARD OF COMMISSIONERS OF WASHINGTON COUNTY, OREGON, FOR THE TRANSFER OF JURISDICTION TO THE CITY OF CERTAIN COUNTY ROADS OR PARTS THEREOF WITHIN THE CITY BOUNDARIES AS DESCRIBED IN COMMISSIONERS RESOLUTION AND ORDER NO. 79-221 ; PRESCRIBING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. (a) Recommendation of Director of Public Works 19 . RESOLUTION NO. 810 RESOLUTION OF THE TIGARD CITY COUNCIL SUPPORT- ING WASHINGTON COUNTY COMMISSIONERS COMBINED LEVY FOR ROAD REPAIRS, LAW ENFORCEMENT & GENERAL FUND. (a) Recommendation of City Administrator 4 PAGE 3- AGENDA, February 9, 1981 20. 92ND AVENUE STREET BID OPENING (a) Recommendation of Director of Public Works 21 . RESOLUTION NO. 81— A RESOLUTION CONCERNING VACATION OF A PORTION OF KNEELAND ESTATES I PLAT OF RECORD LYING WITHIN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. (a) Recommendation of City Administrator 22 . McDONALD AREA STREET LID (McDonald Acres & Others) (a) Recommendation of Director of Public Works 23. DISCUSSION OF BOUNDARY REVIEW PROPOSAL INITIATING ANNEXATION TO CITY OF TIGARD. (a) Report by Planning Director 24. OTHER 25 . ADJOURNMENT t PAGE 4 -- AGENDA, February 9, 1981 T I G A R D C I T Y C _0 U N C I L REGULAR MEETING MINUTES , FEBRUARY 9 , 1981 - 7 :30 P .M. 1 . ROLL CALL: Present : Mayor Wilbur A. Bishop, Councilmen Toni Brian , John Cook, Kenneth Scheckla , Councilwoman Nancie Stimler (left 11 : 55 PM) ; Chief of Police , Robert Adams ; Legal Counsel , Joe Bailey (left 10 :30 PM) ; City Administrator , Raeldon R. Barker; Public Works Director, Frank Currie ; Finance Director/City Recorder, Doris Hartig ; Clerk Typist II , Lowana Murray. 2 . CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITE1111S . (a) John A. Butler, Secretary for NPO #1 , distributed a letter to Council expressing concerns of the approval of the new A70/80 zone. NPO #1 wishes to reserve the right to appeal this zone addition, pending clarification of the specific zone regulation detail . 3 . APPROVAL OF MINUTES : .January 26 , 1951 (a) Mayor Bishop made a correction in the State of the City Message , page 1 , item 2 , "more local bus service" , statement is to be removed. (b) Councilman Scheckla corrected page 6(d) by removing sentence approved by unanimous vote of Council" . (c) Motion by Councilman Brian, seconded by Councilwoman Stimler to approve as amended. Approved by unanimous vote of Council . 4. APPROVAL OF EXPENDITURES AND INVESTMENTS : $ 1261710 .95 (a) Motion by Councilman Brian, seconded by Councilwoman Stimler to approve . Approved by unanimous vote of Council . 5 . WRITTEN COMMUNICATIONS - Receive and File . Portland Metropolitan Area Local Government Boundary Commission re : Resolution No. 50 assigned proposal No. 1688 (see agenda item 23) . Transmittal from Attorney regarding incident of August , 1980 . (a) Motion by Councilman Brian, seconded by Councilwoman Stimler to receive and file. Approved by unanimous vote of Council . 6 . ACCEPT AND AUTHORIZE: SIGNATURE OF 11AYOR AND CITY RECORDER . Street Dedication - William A . & Madeline T. Cochran S .W. Walnut Street Sewer LID, Easement No . 1 , Dale Construction Co . . Hillview Sanitary Sewer Ext . , Fredrick C. & Lynn M. 1-Jolf (a) Motion by Councilman Brian, seconded by Councilwoman Stimler to accept and authorize signature of Mayor and City Recorder . Approved by unanimous vote of Council . 7 . RESOLUTION No. 81-08 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN BARBEE COURT SUBDIVISION, SUBJECT TO HEREIN SPECIFIED CONDITIONS . (a) Motion by Councilman Brian, seconded by Councilwoman Stimler to adopt . Approved by unanimous vote of Council . S . RESOLUTION No. 81-09 A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPT- ING THE PUBLIC SANITARY SEWER IMPROVEMENTS KNOWN AS THE SCHRAMI,,1 SANITARY SEWER EXTENSION GENERALLY LOCATED NEAR S .W. HALL BLVD AND S .W. BURNHAM AVE. (a) Motion by Councilman Brian, seconded by Councilwoman Stimler to adopt . Approved by unanimous vote of Council . 9 . RESOLUTION No . 81-10 A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPT- ING THE PUBLIC SANITARY SEWER IMPROVEINENTS KNOWN AS THE BISHOP SANITARY SEWER EXTENSION, GENERALLY LOCATED NEAR S .W. PARK ST. AND S .W. PACIFIC HWY. (a) Mayor Bishop stated that there will not be a conflict of interest in this case since neither he or his wife have any past , present or future financial interest in this project . (b) Motion by Councilman Brian, seconded by Councilwoman Stimler to adopt . Approved by unanimous vote of Council . 10. TIGARD COMMUNITY YOUTH SERVICE PRESENTATION (a) Bill Knudson , Director of Tigard Community Youth Service , 11981 S .W. Pacific Highway, Tigard, presented the TCYS proposed budget for 1981-82 . The request is 12% above the 80-81 level of sup- port from the City of Tigard ; total amount of $62 ,041 . Bill Knudson asked for Council ' s approval of the budget so a levy can be presented to the public . PAGE 2 - REGULAR COUNCIL MEETING - FEBRUARY 9 , 1981 (b) Motion by Councilwoman Stimler to prepare ordinance with ballot measure in amount of $62 ,041 for March 31 , 1951 election, seconded by Councilman Cook. Approved by unanimous vote of Council . 11 . OLCC APPLICATION APPROVAL - Approve and authorize Mayor to sign . .Circle K #572 , 9930 S .W. Walnut , Tigard , Oregon 97223 , PS Application . Bannings Restaurant & Pie House , 11477 SIN' Pacific Hwy , Tigard , Ore . R Application . . 7-Eleven Food Store No . 2342-16394, 10650 SW McDonald St . , Tigard , Oregon, PS Application . 7-Eleven, SW 122nd & Scholls Ferry Rd . , Tigard, Oregon, PS Application .ConniesGrocery, 16035 upper Booties Ferry Rd . , Tigard , Oregon PS Appl (a) Chief of Police recommended approval . (b) Motion by Councilman Brian , seconded by Councilwoman Stimler to approve and authorize Mayor ' s signature . Approved by unanimous vote of Council 8 :00 PUBLIC HEARING 12 . S .W. 72ND AVENUE STREET IMPROVEMENT DISTRICT PROPOSAL (a) Public Hearing Opened (b) Public Works Director brought Council and the audience tip to date regarding the 72nd Avenue Street LID. He also answered the following questions that are most frequently asked . 1 . What kind of impact will the assessment have on single family homes? The assessment is against the property and not the family, the area is zoned Commercial-Professional , and deferral payments are available for those 62 years of age and older. 2 . Is other funding available? City will share costs up to 15% , no other funding is available. 3 . Why is Cherry Drive necessary in the district? Need of storm drainage , would make a complete project . 4. Why Bonita Road? Substantial grade change , facilitate left hand traffic . 5 . Are islands necessary? Looks better, helps with safety pro- blems . Public Works Director introduced Marlin DeHaas , Marlin DeHaas & Associates , Inc. , Engineers , 15800 S .W. Booties Ferry Road, Lake Oswego, Oregon 97034 to Council . PAGE 3 - REGULAR COUNCIL MEETING - FEBRUARY 9 , 1981 (c) Marlin DeHaas gave some facts about the project . There are 116 separate parcels involved in the project, two miles of road along 72nd Ave . , a portion of Bonita , Cherry Drive , Upper Boones Ferry and Durham Road, three signal lights at inter- sections , sidewalk along one side of the road only, five Tri- Met turnouts which is scheduled to serve the road 1982-83 ; at a total estimated cost of three million dollars . Mr DeHaas stated that applications have been completed and forwarded to Public Utility Commissioner of Oregon for RR crossing funding and Federal Title Il for funding but no funds are expected . (d) Public Works Director stated that this project will coordinate with the 72nd Ave . , Hwy 217 interchange which is scheduled to start work August, 1981 . (no overlapping in the two projects) (e) Public Testimony Proponents : 1 . John Smets , 6830 SW Bonita Road , Chairman of NPO #5 , made suggestions of three lane street without islands , try for extra funding from Tri-Met , spreading cost over a wider district , bare-bones installation of the project leaving out signalization and allow for the future to take care of the extras . 2 . John Worndel , 16025 S .W. Queen Victoria , King City, owner of a corner lot at S .W. 72nd and Bonita Road . This lot is small and odd shapped and he asked what he could do with the lot in the future if the 72nd LID took 10 ft . The Public Works Director explained that a variance is allowed when the City creates a hardship for a piece of property. John Worndel approved of the project . Opponents : 3 . Loraine Greco, 1.4325 SW 72nd Ave . , expressed her concerns the project is too expensive and wouldn ' t benefit her property. 4. Gus Greco, 14325 SW 72nd Ave . , Tigard, stated that the side- walks would be beneficial to the people but the assessment is too high and objected to donating 10 ft of his property. _ 5 . D.C. Moore , Southern Pacific, 520 SW Yamhill Street , Port- land, Oregon 97204, objected to the method the project has been handled (short time to turn in the remonstances and and how far along the project was planned before they were notified) . In favor of improving 72nd Avenue but objected to street trees , islands , traffic signalization. F 6 . John R. Skourtes , 17010 SW Weir Road, Beaverton Oregon, i; also representing John J . Tennant, Jr. , P.O. Box 1530 , Portland, Oregon 97207 , stated the traffic count for o-. x. PACE 4 -- REGULARCOUNCIL MEETING - FEBRUARY 9 . 1981 November 25 , 1980 , showed 20 cars per hour during peak hours which does not cause a problem for 72nd Avenue , and Bonita Road to warrant a traffic signal . That their 'L property is flat andlevel not causinga need to be a part of the 72nd LID. 7 . Martraret Dickoff, 13455 S .W. 72nd Ave . , Tigard, stated the assessment was too large and the project wouldn ' t help her any . 8 . Lenore Warner , 13515 SW 72nd Ave . , Tigard , feels the pro- ject over-steps bounds to spend private monies . SW 72nd is more a collector street , needs less elaborate design , similar to SW Hunziker Street . The expense of traffic signalization and railroad crossing improvements should be shared by more property owners . Favors some street improvements . 9 . Anthony J . Maksym, 13565 SW 72nd Avenue , turned over to Council petitions that included 50 signatures of both residents and businesse-- against the proposed project . The road is not in an emergency state and the County , State , and Federal governments have a priority for the statewide bond program. He recommended we wait for that priority list and see the road improved in a more orderly manner. He said the district doesn' t represent the true users of the road and he objected to the project . 10 . Selwyn Bingham, 3939 N .W. St . Helens Road, Portland, owner of parcel #54, asked whai the current traffic on 72nd is and what additional traffic they expect. Suggested the project wait until additional funding is available . 11 . Daniel Nevis , Northern Yard ' s Inc . , 7400 S .W. Landmark Lane , Tigard, they built in this area because of the access to I-5 from two directions and have no problems with the cur- rent situation; suggesting we wait to see if funds are received from railroad crossing . 12 . Anthony Maksym, 13565 SW 72nd Ave . , brought up the fact that the residents don' t want to sell ; most of them are renting their homes so the fact the area is zoned Commercial Professional doesn' t help. ( f) Public Works Director stated that DeHaas Engineering Consultants keep track of the percent of remonstance and the total read as follows : signed, and appeared remonstrances 49 .083% effective remonstrance 36 .44% which does not constitute a majority and the Public Works Director recommended approval of the project. (g) Councilman Cook asked for more time to evaluate the cost figures , the letters , the information he received toni&ht and get back to- gether with the engineers at a Study Session in March. f PAGE 5 - REGULAR COUNCIL MEETING - FEBRUARY 9 , 1981 (h) Councilman Brian expressed to the audience some of Council ' s concerns being similar to theirs and he would like to see some alternatives looked at , the traffic warrants , traffic signals and assessment allocation. (i) After much discussion by Council it was decided that the 7211d Street LID would be brought to the March 2nd Study Session . (j ) Public Works Director said the results of this meeting and notification of the March 2nd Study Session will be sent out to the people involved in this project . (k) Motion by Councilwoman Stimler, seconded by Councilman Brian to table to March 2 , 1981 , Study Session. Approved by unanimous vote of Council . RECESS : 9 :40 PM to 10:00 AM 13 . AUDIT CONTRACT ADDENDUM - Authorize Signature of Mayor & City Recorder (a) City Administrator recommended approval of the Coopers &. Lybrand contract addendum not to exceed $9 ,000 , to audit the City ' s books . (b) Motion by Councilman Brian, seconded by Councilman Cook to authorize signature of Mayor and City Recorder. Approved by unanimous vote of Council . 14. POLICE BUDGET MANAGEMENT REPORT - Personal Services Accounts (a) Chief of Police said there will be sufficient funds to serve the Police Department through this fiscal year if current trends continue . (b) Councilman Brian inquired about the $23 ,851 not budgeted because the bargining unit was still negotiating without a contract settle- ment . (c) Chief of Police responded that because of the lieutenant ' s position being vacant for six months theres $6 ,000 ; fuel and other costs have not accelerated as expected and if expenditures continue the same trend there may be a surplus of funds . If so it may be desirable to purchase some of the communications center components out of the surplus in the existing budget . 15 . FEEDBACK - COMPREHENSIVE STREET PLAN (a) Public Works Director stated that this is designed to be a flexible program and he would like some guide lines to proceed from this point . PAGE 6 - REGULAR COUNCIL MEETING - FEBRUARY 9 , 1981 (b) After some discussion by Council it was decided to discuss the Comprehensive Street Plan at a Study Session . 16. DISCUSS COUNCIL REVIEW OF COMPREHENSIVE PLAN (a) Mayor Bishop asked that a time table be set , a hearing scheduled and some ground rules layed out so we could meet dead lines set by LCDC. (b) After lengthy discussion it was decided to schedule the City ' s Comprehensive Plan at the March 16th Study Session and the Planning Director would bring some possible options and any deficiencies that he sees . 17 . REPORT ON JANUARY 26th MEETING WITH COUNTY & BOUNDARY COMMISSION (a) Mayor Bishop gave synopsis of the meeting held with Washington County Staff, Boundary Commission Staff , City of Tigard Staff and Council . Washington County stated that they are not equipped to handle urban growth and islands of a City . 18 . RESOLUTION No. 81-11 A RESOLUTION OF THE TIGARD CITY COUNCIL REPEAL- ING RESOLUTION No . 81-07 SUBSECTION (B) AND INSERTING THE FOLLOWING LANGUAGE REGARDING STREET IMPROVEMENT DISTRICT No . 22 FOR S .W. HAMPTON STREET. (a) City Recorder requested two changes be made in the resolution ; total estimated cost changed to $430 ,350 for said improvements , and the assessable costs are estimated to be $376 , 890 which shall be assessed in full . (b) Motion made by Councilman Brian, seconded by Councilwoman Stimler to adopt as amended . (c) Director of Public Works recommended approval . Approved by unanimous vote of Council . 19 . ORDINANCE No. 81-02 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. (Clyde Jacobsen) (a) Motion by Councilman Brian, seconded by Councilman Cook to adopt. Approved by 3-2 vote , Councilman Scheckla and Councilwoman Stimler voting nay. 20. ORDINANCE No. 81-03 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. (Kittleson/Brown) PAGE 7 - REGULAR COUNCIL MEETING - February 9 , 1981 (a) Councilwoman Stimler went on record saying something needs to be done about the floodplains and the 800 ft cul-de-sac . (b) Motion made by Councilman Cook seconded by Councilman Brian to adopt . Approved by 3-2 vote with Councilman Scheckla and Councilwoman Stimler voting nay. 21 . RESOLUTION No. 81-12 RESOLUTION DECLARING THE INTENT OF THE CITY OF TIGARD TO ACQUIRE JURISDICTION OVER A PORTION OF SW 66TH AVENUE . (a) Public Works Director recommended approval . (b) Motion made by Councilman Cook , seconded by Councilwoman Stimler to adopt . Approved by unanimous vote of Council . 22 . ORDINANCE No. 31-06 AN ORDINANCE ACCEPTING THE PROPOSAL AND OFFER OF THE BOARD OF COMMISSIONERS OF WASHINGTON COUNTY, OREGON, FOR THE TRANSFER OF JURISDICTION TO THE CITY OF CERTAIN COUNTY ROADS OR PARTS THEREOF WITHIN THE CITY BOUNDARIES AS DESCRIBED IN COMMISSIONERS RESOLUTION AND ORDER NO. 79-221 ; PRESCRIBING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. (a) Director of Public [Forks recommended approval . V (b) Motion made by Councilwoman Stimler, seconded by Councilman Brian to adopt . Approved by unanimous vote of Council . 23. RESOLUTION No. 81-13 RESOLUTION OF THE TIGARD CITY COUNCIL SUPPORT- ING WASHINGTON COUNTY COMMISSIONERS C0IBINED LEVY FOR ROAD REPAIRS , LAW ENFORCEMENT & GENERAL FUND. (a) Mayor Bishop recommended the Council support Washington County on this combined serial levy on the March 31 ballot . (b) Councilman Brian expressed concerns about supporting this ballot due to lack of specific information regarding levy request- . (c) Motion made by Councilwoman Stimler, seconded by Councilman Cook to adopt. Approved by unanimous vote of Council . am PAGE 3 - REGULAR COUNCIL MEETING - February 9 , 1981 24. 92ND AVENUE SEWER BID OPENING (a) Director of Public Works advised Council bids were received on February 5 , 1981 , from 10 contractors . Following is a list of bidders : BIDDER & ADDRESS SIGNED BID BOND BID AMOUNT K & G Construction X X $10 ,383 . 66 3470 SW 209th Aloha , Oregon 97007 SPROUL EXCAVATING X X 10, 395 . 95 15880 SW 79th Tigard, Oregon 97223 B & R BACK-HOE X X 10 , 301 , 35 P.O. Box 5241 Salem, Oregon DON MCLAUGHLIN CONSTR . X X 10 , 118 . 15 8925 SE Monterey Portland , Oregon 97266 BILL PAGE CONSTR. X X 12 ,964 . 00 P.O. Box 498 Newberg, Oregon 97132 WERBIN WEST X X 8 , 988 . 25 5606 NE 16th Portland, Oregon BONES CONSTRUCTION X X 9 , 989 . 30 3508 SW 209th Aloha , Oregon WARREN BROWN X X 13 ,034. 65 12750 SW Pacific Highway Tigard, Oregon 97223 K & R PLUMBING CONSTR . X X 8 ,079 . 83 14463 SE 152 Clackamas , Oregon 97015 TOBEY' S EXCAVATORS no X 11 , 143 . 75 33003 SW TV Hwy no Hillsboro, Oregon 97123 objections to signing Engineer 's Estimate $12 , 200 (b) Director of Public Works recommended Council accept K & R Plumbing Construction, 14463 SE 152nd, Clackamas , Oregon 97015 bid of $8 ,079 .83 . PAGE 9 - REGULAR COUNCIL MEETING - February 9 , 1981 (c) Motion made by Councilman Cook, seconded by Councilman Scheckla to award bid to K & R Plumbing Constriction for $8 ,079 . 83 . Approved by unanimous vote of Council . 25 . RESOLUTION No . 81-14 A RESOLUTION CONCERNING VACATION OF A PORTION OF KNEELAND ESTATES I PLAT OF RECORD LYING WITH- IN THE CITY OF TIGARD, INTASHINGTON COUNTY, OREGON . (a) Planning Director gave background of this project and recommended approval . (b) Motion made by Councilman Cook, seconded by Councilman Brian to adopt . Approved by unanimous vote of Council . 26 . McDONALD AREA STREET LID (McDonald Acres & Others) (a) Public Works Director said several small subdivision projects want to come before Council and ask for street LID improve- ments for each individual project . The LID ' s would be for short terms ending when the homes are sold . (d) Councilwoman Stimler asked that Legal Counsel look into procedure to see if legal . (c) Council expressed concern that rational guide lines and criteria be set up if developers --re allowed to borrow under LID ' s . Concensus of Council , Director of Public Works to meet with single tract property owners for discussion only and report back. 27 . DISCUSSION OF BOUNDARY REVIEW PROPOSAL INITIATING ANNEXATION TO CITY OF TIGARD. (a) Planning Director showed Council on the map the areas that •Jill be annexed in full (no island created) by the Boundary Commission on March 12 , 1981 . The two areas included are the annexation of Larsen Triangle and I-5 Interstate . (b) LaVelle Allen, from audience , spoke against annexation of 72nd Area . 28 . OTHER : (a) Public Works Director said the Washington County Public Works Director wants to work out a method of turning over streets to the City. Suggestion was that when a piece of property is taken into the City we will accept and maintain all streets . (b) Councilman Scheckl; pointed out two dangerous areas on Pacific L'igsway that needs looking into . One area is Pacific Highway (near Youngs Funeral Home) turning left onto Hall or going ;i PAGE 10 - REGULAR COUNCIL MEETING - February 9 , 1.981 straight on down Pacific Highway . A left lane turn should be there . The second area is corning out of frontage road onto Pacific Hwy. at S .W, Park a right turn only sign should be place . (c) Councilman Brian asked that a cover letter be sent to Washington County with Resolution 81-13 expressing some of Council ' s con- cerns . 29 . ADJOURNMENT 12 :05 AM City Recorder ATTEST: Mayor -- ---- - - x i PAGE 11 - REGULAR COUNCIL MEETING - February 9, 1981 Da to ?43,l R l , I wish to testify before the Tigard City Council on the following item: (Please print your name) Item Description: AGENDA ITEM # 8 W 79na STRER1 IMPROVEMENT DISTRICT PROPOSAL roponent (for) Opponent (against) Jame, Address and Affiliation Name, Address and Affiliation ` V i I - i 41 o !Liv -49:s 9 N-W. - f f? �•-i3 `o�- A.f/cd.rq/. �OL7 Ca lAs3-� 11 v Cri /-3 t f }} li� e • Y f Neighborhood Planning Organization #1 February 4, 1981 City of Tigard Mayor and Councilpersons City of Tigard Tigard, Oregon 97223 Since the approval of the new A70/80 zone, serious concerns have been expressed to NPO 1 members. Accordingly, NPO 1 wishes to reserve the right to appeal this zone addition, pending clarification of the specific zone regulation detail. Closer review of this zone suggests that it has been adopted without the detail regulations for this zone in place throughout the city code . The various minimum standards for living area sizes, landscaping, parking, etc. do not yet appear to exist. This situation gives rise to our oncern and we would not only request that you, the Council, review this more closely, but that we, NP01 also have the opportunity to review the more specific detail more closely. This type of high density zoning is new to Tigard. We have heard concern for the building highth, and the possibility of small living areas, to name several. We agree with the { intent of the zone but feel more specifics will better assure positive impact on the community as well as provide more complete guidelines for project developers. The details of new zones should be developed with new zones. Public review and participation should also be incouraged in the process. Considerations such as these will allow Tigard to establish higher density zoning with public involvement in regulation and less dependence on administrative judge- ment for regulation. The specific target of this zone change, housing for the elderly, is the subject of much study and many publications. We encourage the city to seek professional council in the developement of the regulations for this new zone . Thank you for considering our input. Sincerely, beretary, NPO #1 z IN JANUARY 31, 1981 PAYMENT OF BILLS FOR COUNCIL APPROVAL PROGRAM BUDGET Community Protection Police 14,793-99 Public Worcs 347.35 Municipal Court 708.58 Planning 72.8.89 Building 519.24 Total Community Protection 17,097.35 Home & Community Quality Public Works 3,496.58 Social Services Library 520.53 Aged Services 1,843.85 Youth Services 18,305.17 Historical Total Social Services 20,669.55 Policy & Administration Mayor & Council 255.80 Administration 385.20 Finance 899.06 Total Policy & Administration 1.540.06 City Wide Support Functions Non-departmental 5,960.15 Misc. Accounts (refunds & payroll deductions, etc.) 9(A-IAS F,7 CAPITOL BUDGET Community Protections Road Acquisition & Dev. Parks Acquisition & Dev. 208-71 Storm Drainage Total Community Protection 208.71 Support Services Building Improvements 53.098.50 DEBT SERVICE ( General Obligation Bond Bancroft Bond 274 38 UNIFIED SEWERAGE AGENCY Contract TOTAL AMOUNT OF CHECKS WRITTEN 126.710.95 CIACKAWS K JLTNOMAH - WASHINGTON 4. 320 S.W. STARK STREET(SUITE 530) PORTLAND. OREGON 97204 PHONE 229-5307 January 28, 1981 etEGstveo Mayor and City Council , 3 (� 1`3b1 City of Ugard 12320 S. W. Main St. G� TtGA � Tigard, Ore, 97223 Gentlemen: At its January 22 meeting the Boundary Commission adopted Resolution No. 50 initiating annexation to the City of Tigard. We have assigned this proposal the 'number '°1688", and it will appear on the Commission's March 12, 1981 public hearing agenda, for which you will be receiving the notice at a later date. _. Meanwhile enclosed is the signed Resolution No. 50 for your records. If you should have any questions regarding this proposal, please let us know, Sincerely, 'Of Donald E. arlson Executive Officer DEC/j k Enc. 1 cc: Raeldon Barker Aldie Howard, Tigard STAFF. COMMISSIONERS. OCNALD E CARLSON. Executive Officer JAMES L. (Jamie) MATER, Chairman ERIC JORGENSEN KENNETH S MARTIN. Executive Assistant PETER MCDONALD, Vice-Chairman FAMA PARTLOW OF-NIECE WON, Asst. Admin. Analyst WAYNE ATTEBERRY JEANNE ROBINETTE JEAN KRETZER, Administrative Assistant FRANK EISEMAN CAROL STEELE GENE GINTHER MARIE WILLIAMS PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 320 S, W. Stark (#530) - Portland, Ore. 97204 - Tel; ?29-5307 RESOLUTION NO. 50 RESOLUTION OF TILE PORTLAND METROPOLITAN AREA LOCAL GOVERNM1 N1r BOUNDARY COMMISSION INITIATING TIIE ANNEXATION OF 7HE HEREINAFTER DESCRIBED PROPERTY TO THE CITY OF TIGARD. This matter is before the Portland Metropolitan Area Local Government Boundary Commission, hereinafter referred to as Boundary Commission; and It appearing that: 1) Under ORS.199.490 the Boundary Commission is authorized to initiate proceed- ings for a minor boundary change affecting cities within, its jurisdiction; 2) The territory is contiguous to the city and contains approximately 115 acres; 3) The proposed boundary change is an alternative to Proposal Nos. 1666 and 1668, which if approved, would create an area of unincorporated lands within the city. Such islands appear to be--a) illogical; b) create service provision problems; and c) subject the islanded area to the island annexation provision of ORS 222. 750 and 199.490. The proposed annexation provides a method to place the issue before the entire logical annexation area fc.- consideration; 4) The City of Tigard has planned for the area and appears to have the ability to provide for an adequate quantity and quality of municipal services in the area; 5) The initiation•, of a proposal to annex the entire area will provide a forum for public discussion regarding the merits of annexation of the whole area as opposed to partial aThnexations over time. I1' IS HEREBY RESOLVED BY THE BOUNDARY COMMISSION AS FOLLOWS: 1) that the Boundary Commission by this resolution initiates the proceedings for the annexation of territory to the City of Tigard, the boundaries of said territory being described in Exhibit "A" and depicted in Exhibit "B" attached hereto; 2) that the Executive Officer is hereby instructed to file and enter this resolution in the Boundary Commission records and file a certified copy with the Tigard City Council. PRESENTED and passed this 22nd day of January, 1981 PORTLAND METROPOLITAN AREA LOCAL GOVEINMENT BOUNDARY COWISSION By: es L. (J ) M t r, a rman Attest: Donald E, rlson, Exec. Officer LMt RON D FERGUSON. P.C. ATTORNEY AT LAW BANK OF OREGON BUILDING. SUITE 203 18650 S.W. BOONES FERRY ROAD P.O. BOX 909 TUALATIN. OREGON 97062 (503) 638-8471 January 22, 1981 CERTIFIED NO. P05669963 Return Receirt Requested Mayor City of Tigard City Bail Tigard, Oregon 97223 Re: Larry Allison Notice is hereby given under the provisions of ORS 30.275 of intent to claim damages on behalf of Mr. Larry Allison for injuries as a result of a false arrest, assault, harassment, and outrageous conduct occuring on August 31, 1980 at or near the Tigard Plaza on S.w. Pacific Hwy. and Hall Blvd. caused by Officer Killion. The incident took place at approximately 4:13 a.m. upon confrountation between Mr. Allison and Officer Killion which resulted in a citation issued for 41Driving Under the Influence of Intoxicants, Citation No. 34673. This office will i represent the claimant in this matter and the exact amount of damages will be forwarded at a later date when they are ascertained. Respectfully, ROWz�FERGUSON P.C. Ron D erguso RDP jrp cc: Larry Allsion 116ARV COMMUNITY YOUTH SERVICES Proposed Budget 1981 -82 EXPENDITURES TIGARD TUALATIN SUBTOTAL GRAND TOTAL_ PERSONNEL .(Salaries) Director $19,157 Counselor 17,857 Counselor 13,545 Counselor $14,964 Counselor 12,300 Job Developer 13,545 ; Secretary/A dmin.Asst. 11 , 159 J Total Salaries. .. . . . .... . . .$879563 $14,964 $102,527 I PERSONNEL (Payroll costs: Medical , FICA, SAIF, state unemployment.) Director $ 2,593 Counselor 2 2,471 Counselor ,066 Counselor $ 2,200 Counselor 1 ,968 J+ Total Payroll Costs..... .. $13,007 $ 2 2001 20 $ 5, 7 _ PERSONNEL (Support Costs) ! t -Staff Development $ 1 ,078 $ 220 Local Travel 1 .395 540 Total Support Costs..... $ 2,473 $ 760 $ 3,233 OPERATIONS Rent $ 3,960 Insurance 950 Maintenance/Repair 660 $ 275 Furnishings 550 330 Utilities 1,760 440 Phones 2,7$0 1,120 Office Supplies 1,000 300 Postage 330 100 Printing/Advertising 1 ,200 150 Program Materials/Actio. 1,000 250 Volunteer Appreciation- 200 100 Professional Services 1 ,320 Miscellaneous 660 110 Contingency 1 , 100275 Total Operations. . . . .... $17,070 $ 3,450 $20,920 Total Expenditures by Center. .. .. . ... . .. . .. $120, 113 $21,374 TOTAL AGENCY EXPENDITURES.. .. . .... .. . . . ........ . .,. . ..... ... . .... .. ... $141 ,487 Tigard Community Youth Services Revenues - 1981-82 City of Tigard $62,041 (12% increase over 80-81) City of Tualatin $19,752 (12% increase over 80-81) Washington County Juvenile Dent. $21,750 (15% decrease from 80-81) Washington County Juvenile Services Commission $16,411 Tri-County Consortium $14,268 Fundraising $ 2,500 FY 80-81 Surplus $ 4,765 $241,487 tigard community youth services 620-2621 Tigard Community Youth Services FACT SHEET FY 81-82 Budget 1. Increases for personnel include: mom 1. 71% cost of living salary increase 2� 2 increase in health benefits 2. operations costs generally allow for 12% increases 3. FY 81-82 budget reflects the addition of one employment specialist from a Juvenile Services Commission grant and one counselling position from a Tri-County Youth Services Consortium grant. k4. TCYS's FY 81-82 request is 12% above the FY 80-81 level of support from the City of Tigard. YS 5. If FY approved the the current reof quesardt wouldeprovidef43%eofCthebTCYSt. I PP ' budget in FY 81-82. 5. FY 81-82 revenues represent estimates of sources and levels of support. 11981 s.w. pacific highway a tigard, Oregon 97223 tigard c®�nr3unity youf:z services � _ — 620-269-1 TCYS SERVICE REPORT average number clients per month by program Counseling. . . . . . . . . . . . . . . . . 112 Groups/classes. . . . . . . . . . . . . 34 (parent education) Employment. . . . . . . . . . . . . . . . . 67 CLIENT CHARACTERISTICS Sea:: Tale 45% Female 55% Age: Under 12 7; 12 5% 13 12% 14 11% 15 20% 16. 18% 17 13% 18 & Over 14% Residence: Tigard 51% Tualatin 25% Other 24% Referral Source: Law Enforcement Agency 4% Juvenile Department - C.S.D. 11% School 48% Other Social Service Agency 4% Self/Parent 33% Reason For Seeking Agency Services: Law Violation 12 School Problems 48% Family Problems 53% Personal Problems 45% Drug/Alcohol 13% Other 6% (Percentage in excess of 100% total indicates multiple presenting problems) Since he started in October, 1980 the nt Specialist has placed 154 youth i:„ �^�Em half I which were permanent/full-time positions. 4vl 11981 S.W. Pacific highway a figaa d, Oregon 97223 Avoid Verbal Messacjes CITY OF TIGARD To :_—__CHIEF-DF POL1L From :___ DORT S HARTIC Subjec - • _OLCC--RENEWAL APPLICATION Date:__ 1an�ary 29, 1981 Please investigate and have recommendation ready for February 9 , 1981 Council meeting. Circle K #572 9930 SW Walnut Tigard, Oregon 97223 Type of application: PS t -71 Avoid Vernal •lessages CITY OF TIGARD From : To: -CHIEF-OF-POLICE —-- v PPi T('ATIQN—_ Date:–�Si1.11�LX--�'�-�--24�---- • --- S u b]e c t : __0T�CC_.REL EWA A-- Please investigate and have recommendation ready for February 9, 1981 Council meeting. Banning" 7-ELEVEN s Restaurant & Pie House S.w. 122nd & Scholls Ferry Rd 11477 SW Pacific nw-yTigard, Oregon 97223 Tigard, Oregon 97223 Type of Application: Package Store Type of application: Restaurant 7-ELEVEN FOOD STORE No. 2342-16394 10650 Sol McDonald St Tigard, Oregon 97223 } Type of application: Package Store i Avoid Verbal Messages CITY OF TIGARD To: CHIEF OF POLICE From: DORIS HARTIG Subject :_ OLCC RENEWAL APPLICATION Date:_ February 3 , 1981 Please investigate and have recommendation ready for February 9 , 1981 Council meeting. CONNIES GROCERY 16035 Upper Boones Ferry Rd Tigard, Oregon 97223 Type of application : Package Store P-0. BOX 1330 PORTLAND. OREGON 97207 February 5, 1981 ReCEIV�a FEB c 9 1981 �o� �v Tigard City Council 12520 S. W. Main St. 'r ; Tigard, Oregon 97c^3 si. Subject: .P.emonstrance Against 72nd Avenue L.I.D. CY°y o? Tax Lots 5e-9 and 501 Gentlemen: We are against this project as proposed, for the following reasons: a. Assessment district is too limited for the scope Of the project; b. The scope of the project as proposed goes beyond what would be reasonably expected for pri-rate Citizens to absorb=. C. Improving r Boones Ferry Road when the the bottleneck is on Durham Road is completely short- sighted and wasteful; d. Project of this magnitude should be funded by all the citizens of the City of Tigard, and e. If the majority of the citizens of Tigard do not vete for a road serial levy, no capital improve- ment should be undertaken. Sincerely, /John Tennant, Jr �r JJTJr:ps IN P.O. BOX 1530 FFB 6 PORTLAND. OREGON 97267 dr— February 4, 1981 Ckly dF T IGARD tit t � - Tigard City Council 12420 S. W. Isis St. Tigard, Oregon 97223 SubJect: Rp"onstrance Against - Including Tax Lot 501 and 72nd Avenue L.I.D. Tax Map S112A Gentlemen: We do not want to be included in the 72nd Avenue L.I.D. for the following reasons: Property in question has no access to 72nd Avenue, and Property line begins 240 feet West of 72nd _ Avenue. Bonita Road in front of our property is flat and level. There is no reason to include this lot and the lot directly across the street in the 72nd Avenue L.I.D. for a proposed cost of $42,000. If, at some future date, Bonita Road was improved from Hall Boulevard to our pro- _ perty, we would participate in the L.I.D.. There is no reason to assess our property for 72nd Avenue improvements when we are on Bonita Road with level road frontage. By excluding Tax Lot 1900 and Tax Lot 501 from the 72nd Avenue L.I.D. , this does not jeopardize the plant. "` Very truly yours, 4 ` � ohn JAennaat, Jr. WW JJTJr:p s 42CO SOUTHWEST 72nd AVENUE / PORTLANi7, OREGON 97223 / TELEPHONE: 503/ 639-616 _ RECEIVED FEB 6 1981 GE R B E RfqvidaruftW&0 fJ&RD February 4, 1981 JOSEPH R.GERBER, JR. President Tigard City Council City Hall P. O. Box 23397 Tigard, OR 97223 -Gentlemen: We have reviewed your letter of January 14, 1981 outlining the proposed establishment of an L.I.D. to improve S.W. 72nd Avenue. Although we are very much aware of the need for improving 72nd Avenue, we believe the proposed project could be modified to better serve the interests of the property owners involved. It seems to us that the project should really be two projects . . . one forth of Bonita Road, and the other South of Bonita Road. We think a natural division exists at this intersection. in addition, several of the improvements would seem to increase the cost unnecessarily. These include. the curbed islands in the median, the trees along each. side of the street, raising the grade at the Bonita Road inter- section, and Tri Met turn-outs. Although sidewalks- may . be necessary along certain parts of the project,. we do. not feel sidewalks would be required over the length of.- .:the entire project. Thank you for your consideration of our comments. Sincerely, 1 o eph R_ Geer, Jr. . - a'Y _e 4 . J f , j t - t M 4 / r _T f +' 4 r � 7,7 so If r .5. _l 1. i d . �C • 503/620-2100 503/639-4106 �E�EIVE�# 14750 S.W. 72nd Ave. Tigard, OR 87223 February 2 , 1981 TIGARD City of Tigard 12420 5.1:. Main P.U. Box 23397 Tigard, or. 97223 Re : ,plans for S .W. 72nd Ave. Dear Administrators : It is with great concern that we write this letter. First we would like to explain that we are a small trucking firm located at 14750 S.W. 72nd Ave . Tigard , Or. We sit on about 32 acres of land, and have 400 ft . facing 72nd. The total price paid for the land was $25 , 000.00. your assessment of $28 ,125 .00 to im- prove 400 ft. of frontage is totally unreasonable. Our total sales run about $400,000 to x$500, 000 per year. our net profit is about 55 ,000.00 per year or less . The pay- ments of $3,242.52 per year would take all, or even put us in a net loss position. Not only do you want to charge $28 ,125.00 , but you want interest of 100v totalling over $36 ,725.40 in 20 years . Also many businesses must borrow to continue in business , and that kind of long term debt can make it impossible to obtain funds , just to stay in business . Possibly you have not heard of many businesses closing for they are unable to make it in these hard economic times . Also the transportation industry has been one of the hard hit areas. The Gross National Product is in a decline , which means fewer goods are being shipped. We have been in the business for 20 years, and each day independents , and even large freight companies are closing there doors . If it is the City of Tigards business to close or bankrupt businesses , then please have no misunderstanding, that we will spend $28 ,125.00 in attorney's fees going broke , before we would pay it to the City of Tigard to go broke . Improvement and progress is an essential part of growth, however, it must be done in a period of growth, and not in a period of economic decline. 'transportation Service Oriented An Unsubsidized Product of the Free Capitalistic Society of the U.S.A. Aecesibility to any given property is the only criterion for a business . Since we are a trucking firm, and have large tractors and 45 foot vans , and are able to utilize the existing conditions without difficulty, then what could be your basis for charging us 328 ,125 .06. In addition your plans are far to extensive , for the actual need. We have spoken to many business mere on 72nd , and are joining the crusade to fight not just you, but a fight to remain In business . Sincerely Hy Sadof f President HS/d b COMPRESSORS s COMPRESSED AIR ACCESSORIES PUMPS 0 BLOWERS Branches— ' PORTLAND SEA1b .oders Machinery Company, hic. CEN�LIA EUREKA P.O.BOX 23279 . PORTLAND,OREGON 97223 SPOKANE 14600 S.W.72nd AVENUE,AT BONITA ROAD PHONE (503) 639-6151 TELEX NO.36-0244 RECEIVE© January 30, 1981 FEES 3 1981 CITY OF TIGARD Tigard City Council P. O. Box 23397 Tigard, Oregon 97223 Subject: Local Improvement District No. 21 Southwest 72nd Avenue Street Improvement Re: Tax Lot No. 2S112A 2800 E Gentlemen: We have reviewed the proposed subject Local Improvement District correspondence and plan of January 14, 1981. We are opposed to this improvement district. Very truly yours, ROGERS MACHINERY COMPANY, INC. Robert rgr_ks '✓r SALES + SERVICE • RENTALS r S, January 27y 1981 Honorable mor Wilbur Bishop and Xembers of the Council City of Tigard, Oregon 97223 Gezntlemeas Although I consider Z.I.D. 17o. 23 to be of general benefit to the areas I file thio formal protest because of improper and unequal applIcation of tae assessed cost. 31481.00 assessment. (War Lot # 2S=C — 3600- 16J feet snide ). The subject property is used as primary assesa right of vaT fog three f2mlliess and secondary access to my rear garage' therefore, I consider it unfair and unequal to amnesia a Right of Way, a3nd particularly since those using the Right of Way as primary access have act been a-exessed. Raelosed find a. copy of my deed. Parcel II is the jointly used Right of Way. If tlti a assessment is removed, I wish to withdraws this protest. Yours truly. R,a o^ EM13 P i 13400 S.W. 76th Ave. Tigard, Oregon 97223 r t L vs, A v January 22, 1981 City Clerk City of Tigard 12420 S. W. Main st. P. ®. Box 23397 Tigard, Or 97223 Ref. Proposed L.I.D. S.W.72 Ave. Gentlemen: The purpose of this letter is to unqualifiedly object to the proposed L. I. D. at this time as too expensive with little or no benefit to the affected prop- erty owners. This is not the time to make lilly gilted public works projects at the expense of business. Yours very truly, EM �'. Tower, 635 E. Burnside Portland, Or 97214 Ident. #58 Tax Lot 2sll2d 1800 utter n 0Cific ndustri®1 Deve6prnent Company 320 S.W.YamhUl Street . Portland,Oregon 97204 • (503)222-2867 O.C.MOORR RROIONAL MANAORR January 30, 1981 m.W.RaMON09 ARRA MANAORR IRM-12145-Tigard Ind. Park ELAND DEL=RED REC ENM JAIL 3 3 1931 City Clerk OTY Of TIGM City of Tigard 12420 S. W. Main Tigard, Oregon 97223 Re: S. W. 72nd Avenue LID Dear Sir: City of Tigard, Oregon This letter is to advise you that Southern Pacific industrial Development Company hereby remonstrates against the formation of the above mentioned local improvement district as currently proposed. r SPIDCO is the fee owner of the following tax lots within the LID boundary: 2511 2DC - 200 2S11 2DB - 300 2Sll 2A - 2500 2S11 2D - 1100 & 1300 This letter is also to advise you that Southern Pacific Transportation Company hereby remonstrates against the formation of the proposed LID. SPTCO is the fee owmer of the following tax lots within the LID boundary: 2Sll 2D - 100, 200, 300, 400, 500, 600, 700, 800, 900, 1000 I would add that neither Southern Pacific Industrial Development Company nor Southern Pacific Transportation Company necessarily objects to the future formation of an improvement district for S. 34. 72nd Avenue. We do, however, object to some of the improvements as proposed, improvement district boundaries, and manner in which formation of this district has been handled. Sincerely, r ' x oCf 9 rht a Co fno alz Inn. €= - STEEL FABRICATORS & ERECTORS t 14255 SW 72nd AVENUE P.O. BOX 23759 TIGARD, OREGON 97223 50314639-3141 TELEX 1S-1143 Januaty 20, 1981 J OccefV � NlY � 2d 191 Mn. Frank A. CutAte, P. E.. V ftec ton o6 Pubt i s wotfz6 oS Tga PdAt 066tee Box 23397 T.cgard, Oregon 97223 Subject: S. W. 72nd Avenue LocAt Impfcovement V-attta t Vea)t Ak. Cutfti,e: In te6 pon6 a to yout tett t6 o6 1leeembet 31, 1980, and Jasuaxy 14, 1981, to the pfcoperty ownen6 on S. W. 72nd Avenue, we wou,Zd .Eike to tegiAtet the 6oZZowing prote6t Ld&&h should be made known to the City Councit at the p, etrimi nary and Sinat heaAtngA on Febnuahy 3rd and 9th. ne6peettvety. In pwincipee I am Aute that attZ ptopenty owneu along 72nd Avenue ate not oppo.6ed to an im-wtovement o6 that thotoughgate. However, we Jee2 that, a6 a jay6, the P.Zanning Commisston has gone ahead without neaZZy. a44e66.cng the usage o6 the "ad by many mote patticipanta than ju6t pnope&ty owneAA. In adds Zon, we ¢eel that at today'A .land vaZue6 the amount of $50,000.00 "timated jofc the aright-oi-way aequiaition mint be tots ty inadequate a6 compen4ation Soro thoAe pftopefrty owneu, e6peecaUy ZS the .to tat a6Ae6sabte co6t .o $2,718,026. 12 14 to be aaAe66ed to thoAe ,6ame or xe&6. We urge you to pott the individual pfcope+tty owne A to detefurtane thea opinion be6one a &ZnaZ dec ion .c,6 made. VeAcy tnu,Zy youfe6, FO W� C INC. Fired Eisen Pne6tdent and Genera.Z Manager. FE.c ce: At%. moAman S. Kob,i n, Atto&ney. F� 0 e January 21, 1981 Frank A. Currie, P.E. Public Works Director Members of Tigard City Council Mayor Wilbur Bishop Dear Fellow Citizens : %2 reply to lair. Currie s s letter of January 14, 1981, Vie, Paul and .Lenore Warner, wish to state our remonstrance for the follow- ing reasons: 1. No final assessment has been established. We feel that in view of rapidly escalating construction costs and an indefinate completion date, it is unreasonable to ask for an unspecified amount of assessment. 2. A less elaborate design would serve S. W. 72nd Street better. One similar to S. LJ'. Funziker would be adequate. A plant- ed center strip would require additional planting and maintenance for the City of Tigard. 3. The expense of Traffic Signalization and R. R. Crossing Gates should be shared by a broader area boundary than that out- lined in your letter. 4* Will Tri-Met share the expense of the 5 turnouts required by their busses? Lenore and ? are in favor of street improvements in front of our S. W. 72nd Street property but do not feel we can agree to an and eturmined assessment. 4ierely, RECEIVED TIGA.qD, OREGON JARUARY 212 1981 =L IN RE: L.I.D. NO. 21 ,JHi� � 1 1�'�► SOLI L :,-,ST 72M AVM UJ ARMA STR E:T x.KPROV'a�Iz.,.itiTS CITY Of TiGARU T IGARRD, OREGON TO WEOM IT UY CONCERN we wish to file with the city clerk an objection or remonstrance against the proposed improvement. "s homeowners at 132425 s.w. 72nd with frontage on 72nd we would like to state that we are against the proposed Local Improvement APistrict on 72nd avenue as it is now proposed. The sidewalks would be more beneficial to the surrounding area on the west side to the surrounding area and people. The method of ess®ssement is f �ultable. Businesses running heavy trucks ana. many dare amd benefittlgg from the use of the road. Widening the road would put us closer to traffic and polutiongand cause hardship to ga; We want to speak at the meeting to state our objections and have bur questions answered. Sincerely EO 1/21/81 015 IDEAS UNLIMITED Ident. No. 96 Tax Lot No. 2S11DA/1400 City of Tigard Ata: Clerk P 0 Box 23397 Tigard, Oregon 97223 Gentlemen: I am in receipt of your letter dated 1/14/81 in which you state that a public hearing before the Tigard City Council is to be held on 2/9/81 regarding improvements on Southwest 72nd Avenue. You further state that the estimated assessment we would fact would be $1,581, and that the total assessable cost would be upwards of $2 million dollars, and in fact approaching $3 million. With costs accelerating daily this could well be $4 million at the time the project would be completed. Planners must realize the increased cost of doing business facing all small business owners, and cut out pleasant but unnecessary "frills". I oppose the curbs and sidewalks mentioned as a feature... I oppose the sidewalks in particular, as well as the curbed islands in the median area with landscaping. This is not a shopping area for people: to walk. Safety precautions such as the traffic signals (though you do not say where they would be located) probably are necessary, as well as the railroad gates. I am not certain whether or not I had signed an earlier petition requesting these changes... if so, I hereby-, if this is possible, request that my name he withdrawn from that petition. I would also request that an effort should be made to bring about the off/on ramps connecting Hwy. 217 with 72nd street from the western side. After that is completed, perhaps we could re-examine the need for street improvements on 72nd. Sincerely, Margar Custer FoPresident KTcC0 Ideas Unlimite 7160 S.W.FIR LOOP RD. PORTLAND,Ofl i 97223 PHONE(503)0204770 . Li.!..Montgomery,Genera!!49ana er _ --- -----`--- g Tigard, ,Orethgon 97223 west 72nd Avenue Predefivery Ttgar�,2�r Phone(503)839-4131 Service Corporation t January 29, 1981 �'ErvEp Mr- Frank A. CurrieJAN 2 9 Director of Fablic Works 1981 1242o S.W. ruin Street Tigard, Oregon 97223 OR OF TIGARD ]Sear Mr. Curries i This letter is in reference to the establishment December to of a Local Impravemeat improve Southwest 72nd Avenue as detailed in your letter of December 31, 3980. After review of f�a P:el- this is notification from•�Predel very S�ervsiceoCorporationeebe31, 1980, establishment of the proposed Local Improvement District. objecting the The general features planned for the project appear to be an extensive overdevelopment of the 72nd Avenue area. There also appears to be no Federal or State funds available which places a heavy cost burden on the property owners. Yours truly, D.L. Montgome DLM:sed RECEIVED JAN 3 Q 1981 CITY OF TIGARD National Safety Company 17010 S.W. Weir Rd. Beaverton, OR 97007 January 28, 1981 Tigard City Council 12420 S.W. Hain Tigard, OR 97223 ATTENTION: City Council SUBJECT: Remonstrance against including Tax Lot number 1900 in 72nd Ave. L.I.D. 2S112A. Gentlemen: We do not want to be included in the 72nd Avenue Improvement District for the follow- ing reasons: Property in question has no access to 72nd Ave. Property line begins 166 feet West of 72nd Ave. Bonita Road in front of our property is flat and level. There is no logical reason to include this lot and the lot directly across the street in the 72nd Ave L.I.D. for a proposed cost of $42,000.00. The argument that all properties benefit from improvements along 72nd Ave does not hold up because to use that reasoning every property owner in the Tigard area that bas ever used 72nd Ave receives a benefit. The argument that traffic traveling East on Bonita Road needs a left turn lane to turn North onto 72nd Ave again is tweak. Bonita Road goes straight through to the freeway. A very small percentage of cars turn left on 72nd Ave. We have not noticed any traffic back up on. Bonita Road going East because of left turns. Furthermore why would you need a left turn lane 400 feet long when the left tEmm turn lanes on Pacific Highway are under 100' feet long. Preparing left turn lanes on Bonita Road going East is a waste of other peoples money and should have a low priority. _ Raising the grade of properties on Bonita Road East of our property only enhances the value of these mostly undeveloped properties. Changing the contour of these properties and then trying to collect the money from our property is UnAmerican and Unethical. J4E`13 � 1g�1 �.vac 'X ee- -37 A •' i7• i yy y-- January 30, 1951 To the Tigard City Council; Dear Sirs: _� - I oppose the formation of a Local Improve- t _ went District (L.I .D.) on 72nd street on the grounds.. :ti.sSr�y ..y that the proposed assessment district is too small, the cost of construction too high, and Federal and State funds have not been obtained to lessen the cost to the residents and businesses on 72nd street. I also see no need for the inclusion of S .W. Cherry street in this proposal and vigorously oppose its inclusion in this project. I shall appear at all hearings and will further express my displeasure. You s trul Ant J. ksym RECEIVED JAPE 3 0 1901 CITY OF TIGARD ! 1 MardnWelss 7400 Callaghan Road/San Anton!QTe°.xa578229/(512)342-4242 VIA EXPRESS MAIL January 29, 1981 Mr. Frank Currie Public Works Director City of Tigard 12420 S.W. Main Tigard, Oregon 97223 Reference: L.I.D. No. 21 Identification No. 23 Tax Lot No. 2Si12A-501 Dear Mr. Currie: In reference to the notice dated January 14, 1981 for the L.Y.D. No. 21 improvements, we are hereby advising you that we are in strong opposition of the proposed improve- ments as they are currently defined. Sin , Martin eiss MW:cw FFTI' I0N January 22 , 1951 TO THE TIGARD CITY CCUNCIL: WE, THE UNDERSIGNED LANDOWNERS , OPPOSE, THE 72ND STREET LOCAL Il PF'CYEMENT DISTRICT . e NAME BUSINESS ADDRESS 1UU ( I,tl � �1 7-Z76-X -let Z7 17 Cf v003 PETITION January 22 , 1gS1 TO THE TIGARD CITY COUNCIL: WE, THE UNDERSIGNED LANDOWNERS , OPPOSE; THE 72ND STRPrT LOCM !MPROVEMENT DISTRICT. NAME BUSINESS ADDRESS tp=,- _ _ �6 t sow ' 0�z wAA 1477J -�-�-- a 5 S �L � �-S mos �. I �i•�7Y IL c � 4� It - s c lll�ljllsi ggpilig mill r PFT IT I ON' January 22 , 10IF1 TC THE TIGARD CITY COUNCIL: WE, THE UNDERSIGNED LANDOWNERS , OPPOSE THE 72ND STREET LOCAI. IMPPOVEMENT DISTRICT . NAME BUSINESS ADDRESS l - 1-4n I 'e6LE Stu 2uR 9�r'P- 3 !3 F 71 - PETITION January 22, 1481 TO THE TIGARD CITY COUNCIL: - I WE, THE UNDERSIGNED LANDOWNERS , OPPOSE THE 72ND STREET LOCAL IMPRCV--PMENT DISTRICT . NjTA Mi E BUSINESS ADDRESS �fl 'LL Al� 6 , ICAS A bQ S.- Uj (scl'tullq I;g &ejr&ak1_v 40"voe irv. Gs 7- 7eV 5. a Id cur _' A 4 This is an addendum to our contract made between COOPERS & LYBRAND, as certified public accountants, and the CITY OF TIGARD. In accordance with Paragraph 7 of the May 13, 1974 agreement, the terms and provisions of the agreement may be extended for additional fiscal years after June 30, 1974 as mutually agreeable to the parties and by the execution of an addendum. ADDENDUM It is hereby agreed that the accountants shall conduct an audit of the accounts and fiscal affairs of the CITY OF TIGARD for the fiscal period beginning July 1, 1980 and ending June 30, 1981 in accordance with the prescribed Minimum Standards of Audit Reports, Certificates and Procedures and Oregon Revised Statutes 297.405 through 297.555. The completed report or audit, in accordance with the Minimum Standards of Audit Reports, Certificates, and Procedures shall be available in 25 or more copies to the City not later than September 30. r' a h The billings for services rendered hereunder shall not exceed $9,000 providing the City personnel have satisfactorily completed requested schedules. Requested schedules shall be completed to auditors ' satisfaction not later than August 10, 1980. Auditor shall provide formats of required schedules by March 31 and shall review by May 20 if schedules are being prepared satisfactorily. IN WITNESS WHEREOF, the CITY through its Mayor and Recorder, acting pursuant to resolution of the City Council, and the accountants acting through their duly authorized undersigned agent, have caused this agreement to be executed. COOPERS & LYBRAND CITY OF TIGARD By By Mayor Title Partner By Recorder MENORANDUM / D January 29, 1981 TO: City Administrator FROM: Chief of Police SUBJECT: Budget Management Report RE: Personal Services Accounts Sir: I have been.monitoring the police budget monthly as a standard adminis- trative function, and I am pleased to report that the Personal Services accounts are generally in very good condition. It appears at this time that there will be a short fall of approximately $4,000 by the end of this fiscal year 80/81; however, surpluses in the other accounts will off- set that amount. Therefore, it.will not be necessary to transfer money to that account, barring a disaster .of some nature requiring considerable manpower commitments. The following is an assesment of the applicable 600 Personal Services account from July through December, 1980 (6 months Recap) Remaining Budgeted Year to Date Balance 602 Officer Salaries $397,945 $191;167 $206,778 603 Office Salaries .94,081 44,696 49,385 604 Other Salaries 25,573 14,846 10;679 606 -Education Increments 15,210 8,531 6,679 TOTAL $532,809 $2599240 $273,569 The average monthly expenditure of the above accounts is $43,206; if this trend prevails, the fiscal year estimate of cost will be $518.472 or $14,337 under budget. The remaining balance -of the above accounts is $273,569, and the projected need based on the average monthly expense of $43,206 is estimated at $259,236, which leaves a surplus of $14,333 in the aforementioned personal services accounts. Subsequently, it appears that the combined totals of the above accounts and estimated surplus will cover the estimated short fall within the overtime accounts. The monthly overtime average has been .$2,475, and if this average is consistent the remaining year, the estimated overtime cost will be approximately $29,700 s for this fiscal year, or a short fall of $4,175. (It should be noted that the Personal Services Page 2 January 29, 1981 total average cost includes the average monthly overtime cost. Therefore, this should not have significant impact on this portion of the budget). All in all,, the police budget is in very good condition, and well within authorized expenditures. The fuel costs at this time have not accelerated as estimated for this budget; subsequently, there will be a surplus in that account. If this trend ccntimes, it may be desirable to consider the purchase of some of the -cications center components out of the surplus in the existing budget. I-`rill make another assesw nt in April to establish the feasibility of this proposal. Respectfully, Chief of Police RBA:ac c a - t BID SHEET: SE14ER FOR 92ND AVENUE ?` Opening: 3:30 P.M. , February 5, 1931 at City Hall t BIDDER & ADDRESS FREQU SIGNED BID BOND BID AMOUNT Ll K & G CONSTRUCTION X X $10,383.66 3470 SW 209th Aloha, OR 97007 SPROUL EXCAVATTNG X X 10,395.95 15880 SW 79th Tigard, OR 97223 B & R BACK-HOE X X 10,301.35 PO Box 5241 Salem, OR DON MCLAUGHLIN CONSTR. X X 10,118.15 8925 SE Monterey Portland, Or 97266 I BILL PAGE CONSTR. X t X 12,964.00 PO Box 498 Newberg, OR 97132 WERBIN WEST X X 8,988.25 5606 NE 16th Portland, OR BONES CO`JSTRUCTION X X 9,989.30 3508 SW 209th Aloha, OR WARREN BROWN X X 13,034.65 12750 SW Pacific Highw y Tigard, Or 97223 K & R PLUMBING CONSTR. X X 8,079.83 14463 SE 152 Clackamas, OR 97015 TOBEY'S EXCAVATORS no X 11,143.75 33003 SW TV Hwy. no Hillsboro, OR 97123 bjections to signing ENGINEER'S ESTI14ATE -- $12,200 BID SHEET: SEWER FOR 92ND AVENUE Opening: 3:30 P.M. , 00!bruary 5, 1981 at City Hall BIDDER & ADDRESS FREQUAL. SIGN BID BOND BID AMOUNT t K & G CO:ISTRUCTIOIN ! .0 /O, 3 3. G G 3470 SW 209th Aloha, OR 97007 SPROUL EXCAVATING LNG $ /D, J X15: 9_SY 15880 SW 79th Tigard, OR 97223 B & R BACK-HOE PO Box 5241 Salem, OR DON MCLAUGHLIN CONSTR. 8925 SE Monterey Portland, Or 97266 BILL PAGE CONSTR. .� /,2� PO Box 498 Newberg, OR 97132 WERBIN WEST 5606 NE 16th Portland, OR BONES CONSTRUCTION i — ,� 9� 9 ff 17.3 O 3508 SW 209th Aloha, OR WARREN BROWN �' /:3, O 3 12750 SW Pacific Highw4LY Tigard, Or 97223 K & R PLUMBING CONSTR. 0 7 4, 3 3 14463 SE 152 Clackamas, OR 97015 TOBEX'S EXCAVATORS p)a icr-- � // / ly 33003 SW TV Hwy. h�'.. Hillsboro, OR 97123 s 6. �PtLdq�-•Lt 7 nOsr. b, We/ La ElM Ems RD UN-- A WEEKLY NEWSLETTER February 5, 1981 COMPUTER IS UP AND READY. Mary Strickland reports that the new computer is fully operational and should have end of the month reports ready for Januar soon. At the present time all systems have been implimented; payroll, accounts payable, general ledger, sewer billings and the vendor's list. PINECREST LOTS SOLD IF FINANCING CAN BE FOUND. We have accepted an offer of $40,500.00 for the two lots on Pinecrest that became "surplus property" after we abandoned a sewer lift station. The deal hindges on the buyer obtaining financing. A conditional use permit was granted by the Planning Commission for the construction of two attached single family residences (four units) on the site. REPRESSION ANALYSIS Jks PROGRESS FOR POLICE. Linda Sargent has put the finishing touches on a repression analysis for the Police Department to help them forcast crime rates for the .period 1980 to 1985. This information will be used in conjunction with other data in the upcoming budget sessions. MOSAIC ARRIVES. As a part of the aerial survey update we have received a very clear aerial map of the City. This map is on display in the Engineering Office. BLOCS GRANT FOR DOWNTOWN PLAN. The Washington County Commissioners met last Tuesday and voted to forward our grant request to METRO for A-95 Review. Action is expected in April on any comments that this review process generates. We expect to be in a position to allocate funds some time in July. The Downtown Committee is working now on the Request for Proposal. A report will be made to Council concerning this effort. Several consulting firms have expressed an interest in developmnet of a Downtown Plan. CHA24BER AND CITY DISCUSS BROCHURE AND AREA YAP. Cheryl Bershears and the Planning Director have discussed the Joint c' effort to produce a combination Chamber brochure and City annual report. We hope to have bids on preliminary ideas soon for your review.