City Council Packet - 03/29/1982 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on
SPECIAL MEETING AGENDA an agenda item needs to sign their name on
MARCH 29, 1982, 7:30 P.M. the appropriate sign-up sheet(s) . If no
F014LER JUNIOR HIGH SCHOOL sheet is provided, ask to be recognized by
LECTURE ROOM the Chair.
1. SPECIAL MEETING:
1.1 Call To Order and Roll Call
1.2 Pledge of Allegiance
1.3 Call To Audience , Staff And Council For Non-Agenda Items Under Open Agenda
2. CONSENT AGENDA: These items are considered to be routine and may be enacted in one
motion without separate discussion. Anyone may request that an item be removed for
discussion and separate action. Motion to:
2. 1 Approve the Minutes: March 22 , 1982
2.2 Approve Payments - $1,614 .31 for word processing and data processing equipment
and $1,000.00 for software development.
2.3 Receive and File: w
e Update n
e Transmittal from Elizabeth Aikerman re: TCYS.
e Transmittal from Boundary Commission re: 1982-83 Assessment c.
e Report from Administrative Assistant Sargent re : CDBG
o Transmittal from Chamber of Commerce re: Downtown Advisory Committee for TURA
2.4 Approve OLCC Application and Forward To OLCC
e Zoop's Foodwarehouse , 12230 SW Main, Tigard, Or , NEW LICENSEE - Package Sales
2.5 Approve Resolution No. 82-25 Expressing Appreciation To David Teters-Tigard Police
Reserves Member.
2.6 Approve Resolution No. 82-30 Authorizing Execution Of Traffic Signalization
Agreement With State Of Oregon At Durham Road and Upper Boones Ferry Road
2.7 Authorize Review of USA Sewer Trunk Line Sensitive Lands Permit - M 3-81
by Council on 4-12-82
3. PRESENTATION OF KEYS TO CITY - Mr. Richard Thompson & Ms. Teresa Zagone
0 Presentation by City Council
4. CODE ENFORCEMENT & SIGN CODE REPORT
e Report by Building Official
5. SOLID WASTE TRANSFER STATION
5.1 Metro
5.2 Franchise Haulers
5.3 Open Discussion
8:00 P.M. PUBLIC HEARINGS
6. 72ND AVENUE LID PUBLIC HEARING
6. 1 Public Hearing Opened
6.2 Adopt Ordinance Forming District & Authorize Issuance of Warrants (Ord. 82- )
6.3 Award Construction Bids
6.4 Pre-Assessment/Benfitted Properties
6.5 File Assessment Liens
6.6 Sell Bancroft Bonds
6.7 Pay Off Warrants
7. FLOOD PLAIN ORDINANCE REVISIONS - SENSITIVE LANDS - Section 18.57 - ZOA 2-82
A request by the City of Tigard for further clarification of intent and wordage
in the Sensitive Lands section of the Tigard Municipal Code .
s Public Hearing Opened
e Summation by Planning Staff
o Public Testimony: Proponents, Opponents, Cross Examination
e Recommendation by Planning Staff
s Public Hearing Closed
e Consideration by Council
o ORDINANCE No. 82- Adopting Amendments to Section 18.57
PUBLIC HEARING PORTION OF MEETING CONCLUDED
8. REVISIONS TO SPRING/FALL STREET IMPROVEMENT PROGRAM
a Report by Director of Public Works
9. ANNEXATION POLICY DISCUSSION & CONSIDERATION OF MAYOR'S PROPOSED RESOLUTION
e Discussion by Council and Staff
10. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair under item
1.3 will be discussed at this time. All persons are encouraged to contact the
City Administrator prior to the meeting.
11. EXECUTIVE SESSION: Personnel & Labor Relations Issues Consideration by Council
Under ORS 192.660 (2) (a) .
12. ADJOURNMENT
PAGE 2 - COUNCIL AGENDA - MARCH 29, 1982
BEGIN
• f s.
T I G A R D C I T Y C O U N C I L
SPECIAL MEETING MINUTES - MARCH 29, 1982
1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilors John Cook, Tom Brian, Nancie
Stimler, Kenneth Scheckla (arriving at 9:00 P.M.); Director of Public
Works/Planning Director, Frank Currie; Finance Director/City Recorder,
Doris Hartig; City Administrator, Bob Jean; Legal Counsel, Ed Sullivan;
Support Service , Diane Jelderks.
2. CALL TO AUDIENCE, STAFF AND COUNCIL FOR NON-AGENDA ITEMS UNDER OPEN AGENDA
(a) City Administrator informed the Council that a Block Grant had become
available for Fanno Creek. If development coincided with the Civic Center,
completion could be within two years.
(b) City Administrator requested the following items be placed under the open
agenda section of the meeting for consideration:
. 1 Log truck traffic on Durham Road
.2 Re que s t by Wes My l le nbe c k for time before Council
.3 Chamber of Commerce recommendation for members of the Urban Renewal
Agency Advisory Committee
.4 USA Sewer Trunk line review
(c) Mayor Bishop requested the following item be placed under open agenda.
.5 Political sign requirements & enforcement
(d) Councilor Stimler requested the following item be placed under open agenda.
.6 Planning Commission Minutes
(e) Councilor Scheckla requested the following item be placed under open agenda.
.7 Library Lease
3. APPROVE THE MINUTES: March 22 , 1982
(a) Council requested the following changes be made:
Page 1 change starting time of meeting from 7:30 to 8:00 P.M.
Page 6 item 2, change alien to align
Page 7 correct amount under 72nd LID from $533,955 to $33,955.
(b) Motion by Councilor Stimler, seconded by Councilor Brian to approve as
amended.
Approved by unanimous vote of Council present.
4 . APPROVE PAYMENT - $1,000 Hardware House Inc. for DP/Streets Improvement Program
Software - 1st Prototype Completion
(a) Motion by Councilor Stimler, seconded by Councilor Brian to approve.
Approved by unanimous vote of Council present.
5. RECEIVE AND FILE:
e Update
e Transmittal from Elizabeth Aikerman re : TCYS
a Transmittal from County Commission re : 1982-83 Assessment
s Transmittal from Washington County re: Transfer Station Issues
e Report from Administrative Assistant Sargent re: CDBG
(a) Motion by Councilor Stimler, seconded by Councilor Brian to approve .
Approved by unanimous vote of Council present.
6. APPROVE OLCC APPLICATION AND FORWARD TO OLCC
• Zoop's Foodwarehouse , 12230 SW Main, Tigard, Or , NEW LICENSEE - Package Store Sales
(a) Motion by Councilor Stimler, seconded by Councilor Brian to approve .
Approved by unanimous vote of Council present.
7. APPROVE RESOLUTION No. 82-25 expressing appreciation to David Teters - Tigard Police
Reserves Member.
(a) Motion by Councilor Stimler, seconded by Councilor Brian to approve.
Approved by unanimous vote of Council present.
8. APPROVE RESOLUTION No. 82-30 authorizing execution of traffic signalization agreement
with State of Oregon at Durham Road and Upper Boones Ferry Road.
(a) Motion by Councilor Stimler, seconded by Councilor Brian to approve.
Approved by unanimous vote of Council present.
9. AUTHORIZE REVIEW OF USA SEVIER TRUNK LINE SENSITIVE LANDS PERMIT - M 3-81
by Council on 4-12-82
(a) Motion by Councilor Stimler, seconded by Councilor Brian to remove
item from consent agenda and consider under open agenda.
Approved by unanimous vote of Council present.
10. PRESENTATION OF KEYS TO CITY
(a) Council presented Keys to the City to Mr. Richard Thompson for his art work
assistance to the City and Ms. Teresa Zagone for her service on the Library
Board.
11. CODE ENFORCEMENT & SIGN CODE REPORT
(a) Ed Walden, Building Official, reported how the Building Department was
working to condense and clarify the present sign code. Code enforcement
is being done on an on-going basis. They are working on a systematic
method for bringing all signs into conformance with the revised sign code .
(b) Discussion followed among Council and staff regarding enforcement and
compliance.
PAGE 2 - COUNCIL MINUTES - MARCH 29, 1982
12. SOLID WASTE TRANSFER STATION
(a) Rick Gustafson of the Metropolitan Service District (MSD) discussed the
solid waste issue. With assistance of slides, he showed existing land
fills and dates of anticipated closure , the construction of a Resource
Recovery Facility scheduled for 1985 in Oregon City, the siting of a
new landfill in St. Johns, and the identification and construction of
transfer stations on the east and west side of the Willamette Rivier.
He continued by saying that financing for the transfer stations would be
available through a Pollution Control Bond or they would support the private
sector to build transfer stations according to their specifications.
Estimated cost is $3 - $4 million each.
(b) Chuck Kemper, representing franchise haulers, expressed concern for
diminishing landfills, however, was not certain the transfer stations would
be economically feasible. He explained haulers may find it cheaper to
travel further distance to a landfill rather than use transfer stations.
He also commented if they decrease the size of their trucks there will
be less road damage and a transfer station may be more economical. As
of this time , he was unable to give support for transfer stations.
(c) Discussion followed between Council, staff, Chuck Kemper and Rick
Gustafson regarding options and the impact on services.
(d) City Administrator advised the Council he will further investigate the
matter and return with information sometime before June , 1982.
8:00 P.M. PUBLIC HEARINGS
13. 72ND AVENUE LID PUBLIC HEARING
13.1 PUBLIC HEARING
(a) Public Hearing Opened - Mayor Bishop announced there would be one hour of
public testimony: twenty minutes for proponents; twenty minutes for
opponents; and twenty minutes for cross examination and rebuttle.
(b) For the record, the Public Works Director reviewed the history of the
project. He noted that the project was originally initiated by
petition circulated in 1979 and 1980 and presented to the City. An
engineer was selected and an Engineer's Report was presented at
public hearings beginning in February, 1981 running through June of 1981.
This results in a scaled down proposal from a 44 foot street with curbs,
islands and other options to a smaller project with some options such
as 40 foot street width on the south end and a 28 foot width with no curb
on the north end, which would have resulted in a split assessment.
Another proposal was a 40 foot road all the way with variations, at which
point an ordinance was adopted. In September of 1981, there was a hearing
for clarification of the ordinance because of some specific conflicts within
the ordinance. After a cost analysis, in December, 1981, a single option
was selected for the 40 foot wide street for the full length of the improvement.
The Public Works Director stated the project was advertised and the bids
were opened in the first part of March, 1982. Because of some clarification
and possible inconsistencies, and in order to have a clean bond sale for
this project, the public hearing is now being reopened, giving the property
owners the option to remonstrate against the project as it now exists. The
public hearing will set the record straight as to what is being proposed
and assessed. One change in the ordinance is the bancroft bonding rate
and period of time it will run. Rate now has an open end instead of
a 10% lid and time period for payment is 10 years rather than 20.
PAGE 3 - COUNCIL MINUTES - MARCH 29, 1982
Public Works Director stated that the Engineer , Marlin DeHaas , and Gary Misack
were present to compute remonstrances on the project.
(c) Marlin DeHaas, engineer for City of Tigard on this project, stated the project
now involves a 40 foot wide street throughout, with sidewalks on one side ,
two sets of railroad protection crossing facilities , three sets of traffic
signals and lighting. They eliminated improvements of Cherry Drive, Tri-Met
turnouts , landscape medians and reduced the 44 foot street width originally
proposed to 40 feet in width. He continued to explain the project has
received approximately $20,000 funding from the Tualatin Rural Fire District
for signal pre-emption equipment. The railroad crossing cost was being
reduced from $190,000 assessable amount to $75 ,000.
Assessment method used was to assess area 200 feet from the front property
line at a rate equivalent to a residential street. The remaining property
area was then assessed the remainder of the cost. Cost was calculated
and pro-rated against the property, based half on area and half on front
footage. He noted price on a residential street is less than it was in
1980. Based on area the property along the street was assessed at $1,137 ,000
and the overall area was assessed at $362,000 which equals 1.5 million dollars.
Mr. DeHaas stated that the proposal has come from $2.7 million down to $1.5 million
and the people in this district are being assessed less, or about equivalent
to what would be assessed a residential street if the City does throw in half
a million dollars as has been discussed.
DeHaas asked the citizens,when testifying, to state their property location
and if they are remonstrating against the project. Presently 8.9787 of the
project has remonstrated. Since some of those have previously waived the right
to remonstrate , actually 8. 1397 of the owners have remonstrated.
PROPONENTS:
(d) Mark Henry, lot number 1700/identification number 116, was in favor of the
project, however, his main question was if Mr. DeHaas had changed the
formula for assessment. Mr. DeHaas responded that they had used the same formula.
Mr. Henry continued that he felt his assessment has been miscalculated as he
was assessed $11,855 on the $2.7 million. Now the assessment is cut in half,
but his new assessment is still $9,761.00. He felt this should be less and
agreed to go over the figures with Mr. DeHaas.
OPPONENTS:
(e) Fred Eisen, General Manager and President of Fought & Company, stated the
business people along 72nd had agreed to a maximum of $1.5 million and also
that the 28 foot wide road would be adhered to for a portion of the project
then widened out to 40 feet. He continued that he represented several people along
72nd Avenue and they were objecting to things being changed arbitrarily without
letting them know. He was asked by these individuals to propose , in the form
of a motion that: (1) they will go along with the widening of 72nd Avenue
if a maximum cost does not exceed $1.5 million, including right-of-way
acquisitions; (2) that a different method be found to assess the various
property owners. They don't believe that the property next to the road
should be assessed only, as they reported last year, that only 267 of
y4- traffic is generated by them. Mr. Eisen stated that with those proposed
conditions, they would go along with widening the road to 40 feet all the
way and suggested the City try obtaining easements rather than right-of-way
acquisitions.
PAGE 4 - COUNCIL MINUTES - MARCH 29, 1982
Mr. Eisen continued by noting that originally the City was going to contribute
257 to their 757, yet on the cost distribution chart such things as traffic
signals, street lights and sidewalks were placed under City's costs , and if
those things are deleted they decrease City cost but not property owners cost.
He also submitted a list of people he represented.
COUNCILOR SCHECKLA ARRIVED - 9:00 P.M.
(f) Hy Sadoff, Associated Truck & Trailer, testified there have been many public
hearings and meetings with the ad hoc committee and many agreements were made .
Now all the agreements are considered null and void. He felt that City Council,
Public Works Director and Mr. DeHaas have not heeded what the people have
asked for and what was agreeded upon in the past. He alleged that the
original agreement was for a project between $1.2 and $1.5 million with
the City coming up with $500,000. Continuing, he stated that the Mayor
said if the City could not come up with the $500,000 they would kill the
project and the reason he was there was to kill the project. He expressed
his concern for a decrease in spending because of economic conditions and
stated he was talking to the Attorney General's office because he believes
what has gone on with this project needs some investigation.
(g) Fred Eisen raised issue if the list of names he presented to Council would be
accepted as remonstrance against the project. Legal Counsel stated that
the letters that went out and the ordinance under which the City is operating
requires that the people appear in person or by written remonstrance. List
does not indicate that each individual there was remonstrating against the
formation of the district. Attorney advised Council to accept Mr. Eisen's
remonstrance against, but not the list of individuals as a remonstrance .
(h) Hy Sadoff outlined the four necessities for 72nd that the City had agreed
needed attention. The S curves, the upgrading of Bonita Road, the repairing
of the railroad tracks and the intersection of Carmen Drive. These were the
improvements that were to happen if the project could not be kept under
$2 million.
(i) Tony Maksym, residential property owner, wanted to clarify Fred Eisen's
proposal as one in the spirit of compromise and cooperation. The
businessmen,represented on the list, want to stick by their original
proposal of $1.5 million as a cap and the City can do as it wants with the
proposal. This includes right-of-way acquisition. They also want a more
equitable method of assessment to be made and requested that Mr. De Haas
and Public Works Director, Frank Currie , present several options to the
District for their negotiation prior to the April 12 assessment meeting.
Mr. Maksym also proposed special handling for the small class residential property
owner. He suggested their assessment be reduced by a percentage and that they then
start paying interest on the assessment at the time the assessment is levied
at the reduced rate. A second suggestion is that if they are assessed the
commercial rate on residential property that the assessment be deferred until the
property changes to a commercial zoning and that interest does not accrue
until the property actually has that zone.
(j) Don Peterson owner of a small lot on 72nd, stated he was not in the position
to know if the streets need widening or to have a strong opinion if the
$1.5 million is appropriate to do the work or not. However, he was in a
position to judge on the method of assessment. His lot is one acre and
is being assessed $9,385 for a piece of property that isn't earning him
a dime . Stated he was in no position to be able to pay even if given
attractive terms. If it was true that property owners only generate 287
of the traffic on that area, then he would have to say that the assessment
PAGE 5 - COUNCIL MINUTES - MARCH 29, 1982
is unfair. Under the present method, he would have to remonstrate against
the project identification No. 45.
CROSS EXAMINATION & REBUTTAL
(k) Tony Maksym requested that the Engineer and Public Works Director present
different methods of assessment to be reviewed by the property owners in the
district, prior to the April 12th meeting.
(1) City Administrator stated staff would recommend discussion with any interested
parties at City Hall prior to April 12. He mentioned that any recalculations of
options and alternatives add to the cost of the project.
(m) Public Works Director stated he would work out figures for anyone who
presented or who is interested in a proposal for another method of
assessment, but did not intend to notify everyone in the district. If
this was the Council directive , they would do their best to notify
everyone , but because of the time frame this would be difficult.
(n) Legal Counsel informed Council that a warrants provision was incorporated
in the ordinance, which is relatively uncontroversial and a normal way
to pay for improvements of this nature , in advance of selling bonds. Presently
what Council does not have is the apportionment of the assessment of the
deferrals, all to be considered on the 12th of April.
(o) Figure for individuals remonstrating amounted to 9.7869 discounting ones with
agreements against remonstrating leaves an effective remonstrance of
9.2389.
(p) Public Hearing Closed
13.2 72ND AVENUE LID ORDINANCE CONSIDERATION
(a) ORDINANCE No. 82-13 AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTIONS OF THE
CITY COUNCIL OF JANUARY 12, 1981 AND MARCH 8, 1982, WITH RESPECT
TO SW 72ND AVENUE STREET IMPROVEMENT DISTRICT; APPROVING,
RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR
CONSTRUCTION OF STREET IMPROVEMENTS; DECLARING RESULTS OF HEARINGS
HELD WITH RESPECT THERETO; PROVIDING FOR THE MAKING OF SAID
IMPROVEMENTS, AND DECLARING AN EMERGENCY.
(b) Motion by Councilor Cook, seconded by Councilor Stimler for adoption.
(c) Councilor Brian questioned using easements opposed to right-of-way
acquisitions.
(d) Public Works Director commented that as long as there was not a public improvement
on the property an easement would be appropriate; otherwise any physical, usable
portions of the public improvement should be on public right-of-way. He
requested Council leave city with as many options as possible and not make a
blanket statement. Further discussion followed regarding easement versus
right-of-way acquisition.
(e) City Administrator stated that if it is the Council's intent, staff would
recommend specific actions to the Council as they are needed in regard to
each individual easement or right-o€--way acquisition. The reason for this
being that in either case each easement or acquisition requires Council approval.
PAGE 6 - COUNCIL MINUTES - MARCH 29, 1982
(f) Counc ' lor Stimler asked if she was correct in assuming if we eliminate the
alternate deductible of sidewalks there would be a cost savings of $77 ,000. She
also wanted to know if there was room for a bikepath and if there was a cost
savings for the bikepaths vs sidewalks. Public Works Director responded
bikepath would not be possible if Council wishes to maintain the three lane
concept, and there would be no cost savings. He also noted that 72nd Avenue
was not in the bikepath plan adopted by Council.
(g) Councilor Stimler questioned dividing cost savings between property owners and
City if sidewalk was eliminated. City Administrator said that would be
possible.
(h) Discussion followed between Council, staff and Engineer regarding
construction of sidewalks and easements versus right-of-way acquisition.
(i) City Administrator advised Council against any undetermined financial
commitment at this point. It is possible , without cooperation of
adjacent property owners for right-of-way acquisitions to run as high as $350,000.
This could cause an over extension in the fund balance and the amount could
not be assessed back to the property owners. Also there would be no funds
in the bank to guarantee the amount, therefore the City would be in apparent
violation of the Charter , which says you may not incur an indebtedness in
excess of $5,000 without the vote of the people . Money then would have to
come directly out of this year's operating budget in order to avoid Charter
violation and there is no money available.
(j) Further discussion among Council was heard regarding elimination of sidewalks
and other options.
(k) Ordinance No. 82-13 passed by unanimous vote of Council.
RECESS: 9:45 P.M.
RECONVENE: 10:05 P.M.
13.3 AWARD CONSTRUCTION BID
(a) City Administrator noted two items were added to packet material, memo from
Legal Counsel regarding bidding procedure and a letter from Oregon Asphaltic
Paving stating they would not sue the City if they were not awarded the bid.
Staff recommended awarding of the bid to Oregon Asphaltic Paving because
the bid was the lowest one submitted with proper completion of bid paperwork.
(b) Legal Counsel commented he had reviewed Oregon Public Contract law and the case
law thereunder. Columbia Excavating submitted bid with an irregularity, and
City's contract document did state that City retained the right to waive all
irregularities. It is a policy question for Council to decide . He noted that
either way would be acceptable.
(c) Discussion followed between Council, staff and Legal Counsel regarding the
irregularity, what it was , and the effect it might have.
r (d) David R. Trachtenberg, Attorney with Kobin & Meyer, representing Columbia
Excavating, Inc, explained now staff uses word irregularity when they should
be using informality. Informality is something which can be waived as a
minor matter of form. Columbia Excavating submitted the addendum, date
stamped received on February 25, 1982. Because of this language on the
addendum, which was submitted as a part of the signed executed bid document,
PAGE 7 - COUNCIL MINUTES - MARCH 29, 1982
it changes this from an informality to a minor omission or oversight. He
cited primary requirement for signing of an addendum: "All bidders shall
acknowledge receipt and acceptance of this addendum No. 1 by signing
in the place provided and submitting signed addendum as a part of the bid."
He continued that Columbia Excavating acknowledged receipt of the addendum
and attached, as required, with their bid , which was signed and sealed. He
stated that a bid bond was also posted. Mr. Trachtenberg advised Council that
there would be a savings of $30,000 or more for the individual property
owners by awarding the bid to Columbia Excavating. He summarized his
statements by saying that neither the City of Tigard, its taxpayers ,
or Columbia Excavating should be penalized by the Council rejecting the bid
on the basis of a minor informality.
(e) Discussion followed between Council, staff, Legal Counsel and Engineer
regarding content of addendum and how it would affect the bid.
(f) Legal Counsel advised Council that they may have to go to court if
Columbia Excavating chooses to not be bound by the addendum. However,
they have come before Council and stated they would be bound by it.
He further stated the policy issue before Council is whether or not
the lack of a signature on the addendum would invalidate the bid proposal.
Legal Counsel stated he could probably defend the City either way Council
decides.
(g) Mayor Bishop expressed his support to accept the bid from Columbia Excavating
as there would probably be more criticism if Council did not save the
property owners $28,000 than if there's no reasonable reason not to accept the bid.
(h) Councilor Cook asked for a clarification of figures: whether the total of
$1,735,455 was the bottom line of the bid. Director of Public Works responded
there were other costs such as railroad crossings and work by PGE for light
fixtures which are not part of the bid.
Councilor Cook also asked how the time frame coincided with Tualatin's
installation of a water line on 72nd Avenue. Public Works Director
replied they are coordinating this project with the Engineer from City
of Tualatin.
(i) Discussion followed regarding cost of sidewalks & what is included in the $77 ,000.
Further discussion was heard regarding: eliminating lights and traffic
signals; what is included with the cost for the lights; if the railroad
crossing benefits only one property owner; why everyone in the LID should pay
for cost; & not assessing railroad crossing device to LID. Council requested
figures be broken down for each crossing to be presented at the April 12th meeting.
(j) Council then discussed traffic light locations on Durham and Upper Boones
Ferry Road. Project cost included installation of all three lights as
a package deal. Further discussion followed as to what items should be deducted to
decrease cost.
(k) Councilor Cook moved to award 72nd Avenue LID bid to Columbia Excavating for
$1,628,950.75 and exercising the option to deduct bid items for sidewalks and
street lights . Motion seconded by Councilor Stimler.
(1) Addition discussion followed regarding need for traffic signals at this time.
Public Works Director stated the Traffic Engineer 's evaluation of the need for
all three signals is now.
PAGE 8 - COUNCIL MINUTES - MARCH 29, 1982
(m) Mayor Bishop expressed his concerns that the developer should be responsible
for the light on Durham and Upper Boones Ferry Road rather than the LID.
Discussion followed regarding how assessment could be accomplished and if Council
should or should not leave traffic signals in the bid.
(n) Councilor Scheckla moved to amend prior motion to eliminate traffic signals.
Motion seconded by Mayor Bishop.
Motion to amend failed by a majority two to three vote of Council. Mayor
Bishop and Councilor Scheckla voting aye .
(o) Original motion was called for. Motion carried by a majority 4-0 vote of
Council. Councilor Scheckla abstaining.
13.4 72ND AVENUE LID SUMMARY
(a) City Administrator explained the pre-assessment process, the filing of
liens and about September the City expects to sell the bonds on pre-assessment
basis. Project will not be completed, but the City will have a cap on
the assessment and will go forward with bond sale and pay off the warrants
to minimize the interim interest cost.
14 . FLOODPLAIN ORDINANCE REVISIONS - SENSITIVE LANDS - Section 18.57 - ZOA 2-82
(a) Public Hearing Opened
(b) Public Works Director explained proposed revision changes the Sensitive Lands
portion of the ordinance,basically to clarify temporary and habitable structures.
The changes will enable the City to qualify for the flood insurance.
(c) Public Testimony: No one appeared to speak.
(d) Public Works Director recommended Council adopt the ordinance.
(e) Public Hearing Closed
(f) ORDINANCE No. 82-14 AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 18.57,
SENSITIVE LANDS, AND DECLARING AN EMERGENCY.
(g) Motion by Councilor Stimler, seconded by Councilor Cook to adopt.
Approved by unanimous vote of Council.
15. REVISIONS TO SPRING/FALL STREET IMPROVEMENT PROGRAM
(a) Due to lateness of meeting, Council consensus was to set over to April 22, 1982.
16. ANNEXATION POLICY DISCUSSION AND CONSIDERATION OF MAYOR'S PROPOSED RESOLUTION
(a) Council and staff discussed transcript of the Boundary Commission meeting.
Councilor Stimler suggested sending more background material with letter
to Governor. Consensus of Council was to submit letter to Governor
highlighting transcripL illustrating transgressions and include additional
background material.
(b) Mayor Bishop requested Council review and update Ordinance No. 79-26
sometime in April. He also requested a letter be sent to Washington County
Commissioners regarding the improvement of county streets in the Walnut area.
He would like the County to be aware of the City's concerns.
;n PAGE 9 - COUNCIL MINUTES - M�.n!�H 29, 1982
(c) City Administrator suggested Council discuss issue again on April 19 which
would be after the Boundary Commission action.
17. OPEN AGENDA:
17. 1 POLITICAL SIGNS
(a) City Administrator informed Council that political signs within the City limits
that were in the public right-of-way, are being removed by the Police Department.
(b) Mayor Bishop commented everyone has been informed properly and have posted the bonds
and signatures required. Consensus of Council was for all political signs
in public right-of-way be removed by the Tigard City Police.
(c) Discussion followed regarding sign code and possible solution for problems.
17.2 DURHAM ROAD TRUCK TRAFFIC
(a) City Administrator reported staff was working with Publishers Paper Company
attempting to re-route the log trucks that have been using Durham Road.
17.3 WES MYLLENBECK REQUEST
(a) Letter from Wes Myllenbeck, candidate for County Commission Chairman, was
presented to Council, requesting time before them. Council consensus was that
City Council meetings were not the proper forum for political candidates.
17.4 PLANNING COMMISSION MINUTES
(a) Councilor Stimler noted that agenda items did not give the location in the
minutes. Staff acknowledge they would include address into original
minutes of March 2, 1982 and include location in all future minutes.
17.5 LIBRARY LEASE
(a) Councilor Scheckla expressed his confusion with the Library lease , & he
wished to assist with settling this problem
(b) City Administrator said he appreciEted Councilor Scheckla's assistance and
explained that he was required to send the formal letter per contractual
agreement prior to April 1st.
(c) Councilor Scheckla and City Administrator decided to meet informally with
Otto Sorg to try and work out lease agreement.
17.6 DOWNT014N COMMITTEE - URBAN RENEWAL AGENCY
(a) Mayor Bishop inquired if Chamber of Commerce had submitted recommendation for
5 members. The Selection Committee is meeting on April 6th and individuals
should be included. Mayor Bishop also expressed concern for NPO #1, water
district, school district and fire district representatives.
(b) Discussion followed regarding Council approval and selection of members.
(c) City Administrator said he would do a follow-up on this issue.
17.7 APPEAL OF M 3-81 USE SEWER TRUNK LINE
(a) Discussion among Councilors as to procedure for appealing and if the School
District should be allowed to appeal without a fee.
PAGE 10 - COUNCIL MINUTES - MARCH 29, 1982
(b) Legal Counsel suggested School District approach NPO to submit appeal without
fee. Otherwise TME 18.84.14 0 requires appearance before an approval
authority either orally or in writing to become entitled to the right to
appeal. Since the School District did not appear before the Planning Commission
they would not have the right to appeal.
(c) Consensus of Council was that School District should have appeared at
Planning Commission and if they did have the right to appeal they should
pay the fee.
RECESS: 11:50 P.M.
RECONVENE: 11:55 P.M.
18. EXECUTIVE SESSION: Council reconvened in executive session under ORS 192.660 (2) (a)
to discuss TMEA/OPEU labor relations.
19. MEETING ADJOURNED: 12:15 A.M.
i
City Recorder
ATTEST:
Mayor
PAGE 11 — COUNCIL MINUTES — MARCH 29, 1982
v=
March 25 , 1982
MEMORANDUM
To: Mayor and Council
From: Administrative Assistant, Joy Martin (/
Subject: Approve Expenditures For The Computer System
We request approval to make payments of $1614.31 for the word processing and
data processing equipment, and $1,000.00 for software development. This is
in order to implement the plan approved February 8, 1982.
On February 8th City Council approved the purchase of computer equipment on
a three-year lease with option to purchase. The exact cost on the contract
is $1,614.31 per month. The first month's payment must be sent with the
financing contract. The second payment will not be due until equipment is
received by us.
The Council also approved contracting for software development for both
Engineering and Finance. The Street Maintenance program for $2,800.00 is
nearly completed and the second of four payments , as specified in the contract,
is due. This is for the amount of $1,000.00.
The Street Maintenance program appears to have greater flexibility and more
immediate usability than in the initial specifications. We are confident that
the decisions made will make it possible for the City to improve productivity
through the use of technology.
JM: lw
' i
VOLUME IV ISSUE 3 MARCH 22, 1982
PERSONNEL CHANGES
Patricia Martin has been hired as part-time Office Aide in the Finance & Records Depart-
ment. She began work on March 10th and will be scheduled to work on Tuesdays, Wednesdays
and Thursdays of each week.
Effective March 1, 1982, the following were promoted to the position of Section Crew Chief:
®Robert Thompson from Engineering Tech. II to Chief, Engineering Services Section;
*Randy Clarno from Engineering Tech. II to Chief, Survey and Design Section;
•Walt Zielinski from Mechanic to Chief, Shop and Support Services Section;
*Jim Stephenson from Utility Worker III to Chief, Wastewater Section;
*Glen Alvstad from Utility Worker III to Chief, Streets and Parks Section.
George Anne Clingan, Assistant Librarian, has moved from part-time to full time; and John
Henshell, part-time Library Assistant, has been promoted to Associate Librarian, full-time.
TRAINING ACTIVITIES
Employee Position Activity Date
Kelley Jennings Lieutenant Annual Crime Prevention Conference 3/2-5/82
Charles Martin Sergeant Annual Crime Prevention Conference 3/3-5-52
Celeste Vaughters Exec. Secretary Intro. to Word Processing 3/5/82
Diane Jelderks Clerk/Typist II Intro. to Word Processing 3/5/82
Karrin Hawes Library Assistant Work Analysis & Improvement 3/5/82
Joy Martin Admin. Assistant Basic Grants Management/Federal
Budget Update Workshop 3/16/82
Kelley Jennings/ Lieutenant Health and Physical Fitness
John Newman Sergeant Standards for Police 3/18-19/82
John Hagman/ Engineering Supt. Performance Appraisal for
Alice Carrick Records Supervisor Employee Development 3/30/82
All managers and supervisory personnel met on Wednesday, March 17, to discuss budget
matters and review the outline of the personnel system. An in-house training session
was also held on the issue of sexual harassment and potential liability of employers in
such cases. A videotape was viewed and discussed by those present. Attempts will be
made to structure more in-house training sessions (vs. sending individuals out of town)
on subjects of general interest and value to supervisory staff.
NEWS AND NOTES
oChief of Police Robert Adams and Officer Joe Grisham were guests of the Templeton School
Student Council for lunch on March 15.
:Reservations for Cook Park are being handled by Pat Robertson, Receptionist and Informa-
tion Specialist at City Hall. Representatives from groups wanting to make reservations
are asked to sign up in person this year. User fees are based on the type of facilities
requested and size and type of group.
.Crew Chiefs and Public Works Operations Superintendent Claire Mead have designed field and
written tests for evaluation of job skills and knowledge required by Utility Workers.
Tests for Utility Worker II's will be given on March 22nd and for Utility Worker I's on
March 23rd. (over)
-2-
*City Administrator Bob Jean and Linda Sargent, Administrative Assistant, have been work-
ing with the sub-committee to select the first administrator for the Metropolitan Area
Communications Commission (MACC) . Twenty-five semi-finalists have been selected, and an
Assessment Center for finalists will be conducted on April 29. The MACC Board is expect-
ed to select the new administrator on April 30.
*Planning Commission members and representatives from Neighborhood Planning Organizations
met with City staff for an all-day workshop at the Wayside Inn on Saturday, March 13.
Staff conducted a review of how staff reports were prepared, and City Attorney Ed Sulli-
van spoke on how to draw the proper legal findings and conclusions in land use matters.
During the afternoon, the group did actual problems involving the calculation of capital
improvement costs and taxes in urbanized areas adjacent to the City, as well as trying
their skill at writing some staff reports. The goal of the workshop was to develop in
participants a better understanding of the City's planning procedures and policies and
of some of the legal issues involved.
*Walt Avery, Vice-President for Property Managment with Tektronics, met with Bob Jean
and Linda Sargent to discuss coordination of the Civic Center project and the need to
retain the Tektronics plant in the community.
*Administrative Assistant Joy Martin is gathering background information on business
licensing and will be meeting with the City/Chamber of Commerce Business License Review
Committee to make recommendations on code revision. These recommendations will go to
the Council in April.
*There has been fairly good response to the recent ads in THE TIGARD TIMES for volunteers
for the City. Celeste Vaughters, Executive Secretary, is coordinating the City's volun-
teer program and will be meeting with Department Heads to discuss specific ways that
volunteers can be utilized in each department.
*The contract for computer software and word processing equipment has been signed, and
delivery of equipment is expected in late April or early May.
*Claire Mead and Bob Jean met with the Park Board recently to discuss park maintenance
priorities in light of reduced budget expectations.
.A great deal of staff time and attention is being consumed by legal, financing and design
issues relative to the 72nd Avenue Local Improvement District.
*On March 26, Doris Hartig is hosting a meeting of the local section of the Oregon Finance
Officers Association at Elmer's Pancake House.
*It has been a difficult, but very rewarding, task for the Accounting Department to bring
the history into the budget report for 1982-83. The most rewarding part was to realize
the accounting system would be simplified for the coming year!
*The next time department heads receive their line-item budget reports, it is hoped there
will be sub-totals under Personnel Services, Materials and Supplies and Capital Outlay.
*A number of City Hall staff have been losing weight with the Cambridge Diet Plan. In
the neighborhood of 150 pounds have been shed thus far by eight employees. Good work,
group!
INTERGOVERNMENTAL MEETINGS
*March 18th was the night of night for meetings. While Bob Jean and Doris Hartig were
attending the Budget Committee meeting, Mayor Wilbur Bishop, Public Works/Planning
Director Frank Currie, Associate Planners Jeremy Coursolle and Liz Newton, and City
Attorney Ed Sullivan were attending the Boundary Commission meeting. At the same time,
Records Manager/Municipal Court Clerk Billie Rawlings and Lieutenant Kelley Jennings
were covering the Washington County Public Officials Caucus meeting in Beaverton on be-
half of the City of Tigard. Items of interest on the agenda for the Caucus meeting in-
cluded a county animal control shelter and the ballot measure for a State corrections
facility.
*City managers, assistant city managers and librarians attended a meeting of the Washington
County Cooperative Library Services (WCCLS) in Aloha on March 4. Bob Jean, Irene Ertell
and Joy Martin represented Tigard. The purpose of the meeting was to review the WCCLS
contract and discuss long—range issues relating to library services.
CL+ 4t -Tj
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CLACKAMAS
MULTNOMAH
WASHINGTON
320 S.W. STARK STREET(SUITE 530) PORTLAND. OREGON 97204 PHONE229-5307
February 26, 1982
CITY OF TIGARD
Dear Mayor and Council Members:
Re: ASSESSMENTS FOR FISCAL YEARS 1981-82 and 1982-83
This is to inform you that on February 24, 1982 the Boundary Commission and
its Advisory Committee approved the Commission's budget and assessments to be
levied against cities, counties and districts to fund the operation of the
Boundary Commission for the 1981-82 and 1982-83 fiscal years. These actions
are authorized by Section 8 of Chapter 265, Oregon Laws 1981 and are in the
form of the two enclosed administrative rules. Each action is detailed below.
Assessments for the 1981-82 Fiscal Year. A recent Attorney General's Opinion
No. 8101 which generally supports the validity of the assessments, has,
however, invalidated the procedures utilized to collect them for the current
fiscal year. Therefore, the enclosed Rule is a re-notification of the intent
to levy for 1981-82. No funds already submitted will be returned. You will
simply be credited for them. This Rule indicates that payment for the 198.1-82
fiscal year assessments is due April 1, 1982.
As noted in the Rule, assessments for cities and counties are based on a factor
of .10�per capita, with the counties paying only for the unincorporated popu-
lation. Based on this factor times your July 1980 population of 14,286 ,
your unit's assessment is $ 1,429 For those units which have not yet paid,
this amount is due April 1. Please mace checks out to Portland Metropolitan
Area Boundary Commission.
It should be noted that Chapter 265 Oregon Laws, 1981 exempts your unit from
the provisions of ORS 294.480(3) when paying this assessment. Consequently,
you do not have to publish a supplemental budget nor hold a public hearing on
the supplemental budget.
Assessment for the 1982-83 Fiscal Year. This Rule establishes the assessments
for the 1982-83 fiscal year. For 1982-83 $.10 per capita is again being
assessed the cities and counties (unincorporated portions only). Based on
your July 1981 population of 15,100 times $.10, your unit's assessment
is $ 1,510. This Rule is your notice of intent to levy this assessment.
At least the first quarter payment is due on July 1, 1982; and each quarterly
payment is due on the first day of each successive quarter. The assessment may
be paid in lump sum at the beginning of the first quarter. In the interest of
STAFF COMMISSIONERS:
ANNE NICKEL
KENNETH S. MARTIN. Executive CAROL STEELE. Vice-Chairman PETER McOONALD
DENIECE WON. Ass. Admin. Analyst WAYNE ATTEBERRY BARBARA TREWE
JEAN KRETZER. Administrative Assistant FRANK EISEMAN BOB WIGGIN
GENE GINTHER MARIE WILLIAMS
ERIC JORGENSEN
Mayor and Council Members
Page Two
February 26, 1982
saving both your staff time and ours, I would encourage utilization of
this option.
Would you please make all checks payable to the Portland Metropolitan Area
Boundary Commission.
if you have any questions or need additional information regarding this,
please contact our office.
Sincerely,
Kenneth S. Martin
Executive Officer
Kai/3k
Enc. 2
TEWORARY RULE ON 1981-82 BUDGET AND ASSI;SSM-NTS
Pursuant to ORS 199.457, the Portland Metropolitan Area Local Govertvnent
Boundary Commission approves $177,490 for the 1981=82 fiscal year budget.
This witotmit is to he raised by the following utethods:
1. 11 percent from filing fees ($20,000) (OILS 199.457 (3) )
2. 59 percent from assessments upon cities and counties ($104,996)
(ORS 199.457 (4) )
3. 30 percent from assessments upon districts ($52,494) (ORS 199.457 (5) )
The per capita rate in accordance with ORS 199.457 (4) is .10¢.
(
59% budget = $ 104,996 = 10.0 )
( total 1980 population 1,049,960 )
The rate per thousand assessed valuation in accordance with ORS 199.457 (5)
is $.00159 per thousand assessed valuation.
(
30% budget - flat rates _ $ 52,494 - $ 12,500 __ .00000159 per $ of A.V.
( AV of affected units 25,079,251,033 or .00159/$1000/A.V.
One unit of government qualifies for a flat rate of $5,000, and one unit for a
flat rate of $7500.
Attached (Schedule "A") are the amounts of money to be assessed against each. unit
based upon the above rates.
Full year assessments are noted on Schedule "A". One-quarter of this assessment
shall be made at least quarterly and is due on the first day of each quarter.
For the 1981-82 fiscal year, due to Attorney General's Opinion No. 8101 invalidat-
ing the emergency clause enacted by the 1981 Legislature (OL 1981, Chapter 265,
Section 8a (1) ) and thus previous action of the Boundary Commission and
Advisory Committee, the entire payment for 1981-82 fiscal year is due April 1,
1982 at the beginning of the final quarter.
All payments ,previously received by the Boundary Commission for FY 1981-82
assessments will be credited against the above assessments.
The effective date of this Rule is March 29, 1982.
}
'11MIORARY RULE ON 1982-83 BUDGET AND A.SSLSSW-WI S
Pue-suant to ORS 199.457, the Portland Metropolitan Area Local Government
BoLuidary Conanission approves $213,003 for the 1982-83 fiscal year budget.
Ibis amount is to be raised by the following methods.
1. 12 percent from filing fees ($26,400) (ORS 199.457(3) )
2. 50 percent from assessments upon cities and counties ($106,135)
(ORS 199.457 (4) )
3. 27 percent from assessments upon districts ($57,711 (ORS 199.457(5) )
4. 11 percent from balance carried forward from previous fiscal year.
Ibe per capita rate in accordance with ORS 199.457(4) is 10¢.
(
50% budget _ $ 106,135 = 10.0 )
( total 1981 population 1,061,300 )
The rate per thousand assessed valuation in accordance with ORS 199.457(5)
is $.00159 per thousand assessed valuation.
( 27% budget - flat rates = $ 57,711 - $12,500 _ $.00000159 per $ of A.V. )
( AV of affected units 28,435,584,305 or .00159 per $1000 A.V. )
One unit of government qualifies for a flat rate of $5,000, and one unit
qualifies for the flat rate of $7,500.
Attached (Schedule "A") are the amounts of money to be assessed against each
unit based upon the above rates.
Full year assessments are noted on Schedule "A". One-quarter of this assess-
mgpt shall be made at least quarterly and is due on the first day of each
quarter .(July 1, 1982; October 1, 1982; January 1, 1983; April 1, 1983).
(Nothing in this rule, however, shall preclude units from paying their full
Cyearly assessment at the beginning of the first quarter.)
The effective date of this Rule is July 1, 1982,
March 24 , 1982
MEMORANDUM
To: Mayor and City Council
From: Linda Sargent, Administrative Assistant
Subject: CDBG Report
The City submitted three proposals to the Washington County office of Community
Development for Community Development Block Grant funding during the next three
year cycle: (1) Downtown/Fanno Creek Park Development ($32,340) ; (2) Summerlake
Community Park Development ($124 ,116) ; and (3) Senior Center Expansion/Remodel
($60,000) .
The Summerlake project did not meet the 51% minimum for project benefit to low
to moderate income in the designated service delivery area and was deemed
ineligible for funding. The Downtown/Fanno Creek Park and the Senior Center
proposals were rated by the Policy Advisory Board on March 11 and 18. The park
project received a score of 80 and will be funded during fiscal year 83-84 , p
the 1982 entitlement remains as projected.
The Senior Center project, unf.ortitnately, received a score of 51. The proposal
received a failing score primarily for three reasons: (1) perceived duplication
of service (Sherwood Center) ; (2) original design should have anticipated
circulation and storage problems; and (3) the need for the project was not
addressed in the Community Development Plan.
Attached are the ratings for all planning, neighborhood revitalization,economic
development and community facilities projects.
The Downtown Revitalization Plan ($20,000) has been completed and the grant
closed out. Bid specifications will be drawn up on the Architectural Barrier
Removal Project ($46 ,250) and a bid will be awarded on construction in May.
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Tigard-Tualatin-King City-Sherwood-Metzger-Washington Square
TITA AKC R
®HIMERCE
March 23, 1982
Tigard City Council
12755 SW Burnham
Tigard, OR 97223
Honorable Mayor and Council:
As you consider appointments to the Downtown Tigard Advisory
Committee, we urge your adherence to Section 600, Subsection A
of the adopted Downtown Tigard Revitalization Plan.
Formulated and supported unanimously by our professional planning
consultants and by the members of the original Downtown Planning
Committee, Section 600 sets out a citizen involvement process
carefully designed to "assure that the implementation of the
Downtown Tigard Revitalization Plan is responsive to the needs
of affected citizens and to the general welfare of the city as
F a whole" .
Should you have concerns regarding
Chaaber representation,lwe
committee membership devoted
would remind you that our representatives to date have made
an outstanding contribution of time, energy and expertise to
the planning effort. You can be assured of our organization's
continued support for a committee which contains a fair and
adequate representation of the business community most drastically
affected by the revitalization project.
Sincerely, ;
� az GGA
Dr. Charles H. Samuel, Chairman
Public Affairs Committee
Gerald R. Edwards, President
Board of Directors
12995 S.W. PACIFIC HWY. SMITE A ❑ TIGARD, OR 97223 ❑ 635-1656
Avoid Verbal Messages A-1
CITY OF TIGARD
To: CHIEF OF POLICE From :-- DORIS HARTIG
Subject: OLCC RENEWAL APPLICATION Date:_ March 18, 1982 _
Zoop's Foodwarehouse
12230 S.W. Main
Tigard, Oregon 97223
Type of application: New licensee
Please investigate and have recommendation ready for March 29, 9982 Council
meeting. `
Approved: L. E. George
MCH:pf
3/10/82
Misc. Contracts & Agreements
No. 7646
CONSTRUCTION-FINANCE AGREEMENT
TRAFFIC SIGNAL INSTALLATION
THIS AGREEMENT is made and entered into by and between the STATE OF
OREGON, acting by and through its Department of Transportation, Highway
Division, hereinafter referred to as "State"; and the CITY OF TIGARD, a
municipal corporation of the State of Oregon, acting by and through its
City Officials, hereinafter referred to as "City".
W I T N E S S E T H
RECITALS
1 . The Beaverton-Tualatin Highway, State Secondary Highway No. 141 ,
is a part of the state highway system under the jurisdiction and control
of the Oregon Transportation Commission, and Upper Boones Ferry Road is
a part of the city street system under the jurisdiction and control of the
City of Tigard.
2. State and City, in their judgement, have deemed it necessary and
desirable in order to maintain a safer and more expeditious flow of traffic,
to install traffic control signal equipment on the Beaverton-Tualatin High-
way (Durham Road at Upper Boones Ferry Road), hereinafter referred to as
"project".
3. By the authority granted in ORS 366.770 and 366.775, State may
enter into cooperative agreements with the various counties and cities for
the performance of work on certain types of improvement projects with the
allocation of costs on terms and conditions mutually agreeable to the
contracting parties. Traffic signal work on the project shall conform to
the current state standards and specifications.
4. By the authority granted in ORS 487.850, State is authorized to
determine the character or type of traffic control signals to be used, and
to place or erect them upon state highways at places where state deems
necessary for the safe and expeditious control of traffic. No traffic con-
trol signals shall be erected or maintained upon any state highway by any
authority other than State, except with its written approval .
NOW, .THEREFORE, the premises being in general as stated in the foregoing
RECITALS, it is agreed by and between the parties hereto as follows:
STATE OBLIGATIONS
1 . State shall , at City expense, assign a liaison engineer to monitor
all work performed by City, or its contractor, on the Beaverton-Tualatin
Highway, and to provide intermittent inspection services during the con-
struction phase of the project to assure conformance with State standards
and specifications for highway construction.
2. State shall issue the necessary permits for work by others to be
performed within state highway right-of-way, and shall review and approve
all plans and specifications prepared by City, or its Consultant, prior to
any work proceeding within state highway jurisdiction.
3. State shall , upon completion of the project, perform all necessary
maintenance for operation of the traffic signal equipment installed on the
Beaverton-Tualatin Highway, retain complete jurisdiction and control of the
timing established for said traffic signals and maintain that portion of the
roadway lying within state highway jurisdiction, at its own cost and no
expense to City.
CITY OBLIGATIONS
1 . City shall , at its sole cost and no expense to State, conduct the
necessary field surveys and traffic investigations, identify and obtain all
required permits, right-of-way and easements, perform all preliminary engi-
neering and design work required to produce plans and contract documents ,
advertise for bid proposals, award all contracts, and furnish all construction
engineering, field testing of materials, technical inspection and resident
engineer services for administration of the contract. No work shall proceed
on the state highway portion of the project until City has obtained State
approval of the plans and specifications, and the required State permits.
2. ' City shall , upon request by State, reimburse State for 100 percent
of the actual costs incurred by State on behalf of the project.
3. City shall , upon completion of the project, accept all responsibility
for, and pay all costs of, electrical energy consumed in operation of the
traffic signal equipment,- installed on the Beaverton-Tualatin Highway. City
shall 'provide State with reproducible Federal Aid size mylar sheets of the
'As Constructed' drawings of the project and wiring diagrams , operation manuals
and all data pertinent to maintenance of the traffic signal system.
-2-
4. City shall adopt a resolution authorizing its designated City Officials
to enter into and execute this agreement, and the same shall be attached hereto
and become a part hereof.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their seals as of the day and year hereinafter written. City has acted in
this natter pursuant to Resolution No. adopted by its City
Council on the day of , 1982.
The Oregon Transportation Commission., by a duly authorized delegation order,
authorized its Chaim►an or Vice Chairman to act in its behalf in approving this
agreement. Approval was given for this agreement on
by , whic approval is on file in the
Commission records. T e delegation order also authorizes the State Highway
Engineer to execute the agreement on behalf of the Commission.
APPROVAL RECOMMENDED STATE OF OREGON, by and through
its Department of Transportation,
Highway Division
Region Engineer BY
tate Highway Engineer
Date
CITY OF TIGARD, by and through
its City Officials
BY
ayo r
BY
City Recorder
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MEMORANDUM
TO: City Council
FROM: Planning Staff�ea&7
RE: Tigard School District Appeal of USA Sewer Trunk Line
On March 2, 1982, the Tigard Planning Commission approved a Sensitive Lands Permit
request for the Unified Sewerage Agency to construct a 30" Sewer Trunk Line. The
Planning Commission attached conditions to their approval (see attached minutes and
Staff Report) . The Tigard School District has filed an appeal of the Planning
Commission's decision. Further, private citizens in the area have made inquiries
to staff about filing appeals. It is staff's feeling that the City Council should
call this matter up for review and schedule a hearing, on the record, for April 12,
1982.
PLANNING' COMMISSION MINUTES
March 2, 1982
Page 2
• Commissioner Speaker inquired if applicant would agree to approval under the
condition if. they should change the type or scope of their business they would
have .to. return to the Planning Commission for approval; Applicant agreed.
s Commissioner Bonn moved for approval of CU 3-82 per Staff Findings and
Conclusions including the following additional condition:
2. Application is approved for permission to supply Veterinary Clinic'Services,
should any significant -change be contemplated in type or scope of business
conducted, they shall return to the Planning Commission for amendment of
the Conditional Use Permit. Seconded by Commissioner Speaker.
Motioh- carried unanimously.
�,.. Commissioner Owens. arrived 8:00 A.M.
5.2 SENSITIVE LANDS PERMIT M 3-81 - Unified Sewerage Agency NPO # 7
•.Request to install an underground.sanitary, sewer iine. n.
-
(a). Staff Report was read by Associate Planner, Newton.
(b) APPLICANTS PRESENTATION - Robert Cruz and-Paul Klope, Unified Sewerage Agent,
were present to answer any general questions the Commission might Have. Mr.
Cruz informed the Commission, since the orginal hearing of September 8, 1981;
they.-had been working with the City of Tigard, Corps of Engineers and property
owners addressing concerns. They specifically worked with Mr. Ott, which
brought about some major changes. Mr. Cruz "stated they.agreed with the Staff
Report -and would have no problems meeting Staff's requirements.
(c) PUBLIC TESTIMONY ,
e Dale .M. Ott - 11900 S.W. 116th, Tigard, Oregon stated he had no problem with
alignment. However, he wanted to raise a question as to when the pump station
would be eliminated. His main concern being the pump station which keeps
over flowing onto his property.
e Commission requested applicant to respond to Mr.. Otts concern; Mr. . Cruz
stated pump station was privately owned and even though this line was in the
design it was not in their contract and suggested Planning Director would
be better .able to .respond to .this than.USA,,,c„�.;,��<,;,- F:r
• Planning Director stated that elimination of this particular pump station was
not one of the aims, but something that would be completed in the future.
Eurther discussion followed between Commissioners, Staff and opponent
regarding raw sewer problem.
• Commissioner Speaker suggested Mr. Ott contact the City directly regarding
t his concern as it was. not directly connected with applicants request.
i Mr.- Ott then raised a question in reference to Section 18.57.070 (a) (1)
regarding the affect this project would have on the watershed; Mr. Cruz
stated this project would have no permanent affect however, upstream
development might and Staff would have to respond to that issue.
PLANOING COMMISSION MI. _ES
March 2, 1982
Page 3
o Discussion followed among Commissioner, Staff and Applicant regarding affect
construction would have on floodplain, time construction would occur, how
they would accomplish installation and how- the CH2M Hill study would be used
in .the evaluation of this and future projects.
® Public Hearing Closed
COMMISSION DISCUSSION AND ACTION:
:o. Moen commented that the need is there and in order to prevent tearing up the
floodplain more than once, - make sure a large enough line is used to carry
future development.
® Moen moved for approval of Sensitive Lands Permit ,M 3-81 for Unified Sewerage
Agency subject to Staff Findings and Recommendations, seconded by Commissioner
Herron.
�' Motion carried unanimously
5.3 CONDITIONAL USED STANDARDS - moved to end of Public. Hearings .,
.5.4 CONDITIONAL USE CU 6-82 Tri-Met NPO # 1
A request to locate a Tri-Met bus time-transfer center in a C-3 General
Commercial zone.
(a) Staff Report was read by Associate Planners Newton
.(b) APPLICANTS PRESENTATION - Lee Hames, Capital Development, representing
Tri-Met, explained how they had-been looking at locating .a transit center in
Tigard for the past two or three years. They analyzed several sites and
determined Mr. Kadel's property wo.:ld be the most appropriate. She explained
Tri-Met has filed for a grant which will pick up approximately 80% of the
cost of this project with funding available sometime in August. She stated
Steve Smith, Tri-Met was available to answer questions.
Discussion followed between Commissioners, Applicant and Staff regarding
issues of parking, traffic . congestion, pedestrians crossing railroad tracks,
feasibility of busses (especially articulated ones) negotiating turns do
specific streets and possible need for installation of traffic light.
Public Hearing Closed
EMISSION DISCUSSION AND ACTION:
e Commissioner Christen inquired what overall cost would be.; Applicant
responded, estimated cost 1.2 million with half of the cost for the land
and the remainder for removal of existing building, construction of -new
building and landscaping.
® Commissioner Herron moved for approval of Conditional Use CU 6-82 per Findings
of Facts and Recommendations by Staff, seconded by Commissioner Helmer.
• 1
0 Motion carried unanimously.
STAFF REPORT
AGENDA ITEM 5-2
TIGARD PLANNING COMMISSION
March 2, 1982- 7:30 p-m.
Fowler Junior High School
10865 SW Walnut, Tigard
February 18, 1982
No submission of additional material by applicant shall be made at this Public
Hearing unless the applicant is requested to do so. Should this occur, un-
requested, -the item will be tabled until the following hearing.
DOCKET: M 3-81 Sensitive Lands Permit - Unified Sewerage Agency NPO #7
APPLICANT: Unified Sewerage Agency
150 North First Avenue
Hillsboro, Oregon 97123
OWNERS: D. J. Swan
Tigard School Dist. 23J
J & M Glaubke
D & C Ott
L. Barnum, C. Tibbets
K. Kelberry
D. C. Whipp, P. Rossi & J. Karius
J. A. & J. Patterson
REQUEST: For a Sensitive Lbnds Permit to install an underground sanitary sewer
line.
APPLICATION DATE: June 12, 1981.
SITE LOCATION: Various properties North of SW Walnut between SW Tiedeman and
SW 121st Avenue (Washington County Tax Maps 2S1 3AA, lots 100 &
101; 2S1 2AB, lots 100 & 300; 1S1 34DC, lots 1200, 3500, 3601
3602: lots 100 & 1202)
PREVIOUS ACTION: On September 8, 1981, the Tigard Planning Commission tabled
this Sensitive Lands request until the following conditions
were met:
1. Installation to be re-aligned to avoid destruction of existing trees. Public
Works Director to supervise this installation. Unified Sewerage Agency (USA) to
coordinate this project with Tigard School District in relation to actual location
of the proposed line in the Tiedeman, Tigard Avenue area.
2. USA to present final plans to the Planning Commission in the future which
address the concerns voiced by property owners at the September 8, 1981 meeting.
3. No construction to commence until the engineering plans have been approved
by the Public Works Director.
i
M 3-81
Page 2
FINDINGS OF FACT:
1. The Unified Sewerage Agency is proposing to construct the sewer line within
the 100 year floodplain and greenway area as identified on the City of Tigard
Comprehensive Plan.
2. Section 18.57-040 of the Tigard Municipal Code reads:
18.57.040 - Uses and activities allowed with a special use permit. The
following uses and activities are allowed only by special use permit granted
by the Planning Commission and based on the standards set forth in Section
18.57.060:
(1) Within drainageways, greenways and steeply sloping lands:
(A) Fill, gradin.-, excavating.
(B) Structures.
(C) Off-street parking and maneuvering areas, accessways and
service drives located on the ground surface.
(D) Roadways, bridges or utility facilities.
(E) Removing any live vegetation other than poison oak, tansy rag-
wort, blackberry or any other noxious vegetation;
(2) Within. the floodplain/greenways only:
(A) Any temporary structure which by its nature cannot be readily
removed from the floodplain area during periods of flooding and
which would impede or interfere with the.flow, of floodwaters
within the district.
(B) Any change in the topography or terrain which would change the
flow of waters during flooding periods or which would increase
the flood hazard or alter the direction or velocity of the
floodwater flow.
(3) The City of Tigard Engineering Division has reviewed the engineering
plans for the project as submitted by the Unified Sewerage Agency and
has recommended minor changes. Particularly, the engineering staff
has asked the Unified Sewerage Agency to propose another option for
crossing the creek which would involve an open trench and would not
include the dam.
(4) The proposed Scholls Trunk Line will have the capacity to replace the
existing Leron Heights line in the future. The proposed Scholls
Trunk Line will accommodate anticipated development west of 121st.
(5) The engineering plans have been made available for interested resi-
dents in the area to review.
CONCLUSIONS:
1. Section 18.57.040(1) of the Tigard Municipal Code allows utility facilities
within designated greenways.
�- 2. Section 18.57.040(2) addresses uses allowed with a special permit in green-
ways and floodplains. The proposed sewer trunk line will not impede or interfere
with the flow of floodwaters within the district. The construction of the sewer
STAFF REPORT
` M 3-81
Page 3
line will change the flow of water and alter the velocity somewhat. However,
these changes will occur during construction only and will not be permanent.
3. It is anticipated that the existing Leron Heights trunk sewer line will be
abandoned in the future and that the City of Tigard will tie existing and pro-
posed lines into the larger capacity Scholls Trunk Line.
RECOMMENDATION: Staff recommends approval of a Sensitive Lands Permit for con-
struction of the proposed Scholls Trunk Line within the 100
year floodplain and dedicated greenway based on Findings as follows:
1. Tigard Municipal Code allows utility facilities within a designated greenway
with a special use permit.
2. Construction of the Scholls Ferry Sewer Trunk Line will not permanently im-
pede or interfere with the flow of floodwaters within the 100 year floodplain.
Further, staff recommends the following conditions be attached to approval of
Sensitive Lands Permit M 3-81:
1. City of Tigard Inspector shall be contacted before existing City sewer
lines are uncovered and covered to insure proper care is taken to protect these
facilities during construction.
2. The contractor shall restore the street to acceptable city standards after
construction.
Prepared by: 44- Approved by:
�Ww6_ ��
Eli eth A. Newto Frank A. Currie
Associate Planner Public Works Director
February 18, 1982
MEMORANDUM
TO: City Council
FROM: Frank A. Currie, Public Works Director
SUBJECT: Tigard Town & Country Days
I have met with Mr. Joe Schafer and other members of the TT & CD Committee to
discuss their concerns relative to the TT & CD celebration, and the facilities
at Cook Park.
The following items, with comments, were discussed:
ITEM COMMENTS
Beer Garden fencing T City paid $220 in 1981 to Security Contractors
Service for fencing around the beer garden.
Chemical toilets -t., City paid $182.50 to Schultz.
Park crew time 81 total straight time hours - cost 824.58.
Police Department time 51.7 total straight time hours - cost 625.05.
Electrical needs TT & CD wants to help install a permanent
electrical panel instead oi' paying 400(plus)
each year for temp. installation. City will
get an estimate of the cost. This is a general
need and a good idea.
Insurance TT & CD pays for a rider to our policy.
Relocate fence for pasture City staff will attempt to get permission to move
parking fence and park in pasture as has been done in
previous years. Est. cost $200.00.
Soccer field parking Committee asked for soccer field parking. Not
practicable as we would incur too much damage.
92nd Avenue parking We need street side parking. We could fill in the
ditch and widen it for parking along west side of
92nd. (Est. cost $300.00)
Carnival at west end of Committee wants to allow a carnival at the west
parking lot end of the parking lot adjacent to the new
restrooms. We should advise them that we are
looking at T.U. standards for carnival type
activities, particularly relative to safety
requirements.
INFORMATION ONLY .
11
Ci\
TiGARF3 TAiiVid AND COUNTRY DAYS
P.O. BOX 23881
TIGARD, OREGON 97223 71
�
rt 14Di9$r
March 4 1982
Mr . Frank Curie
Director of Public Works
Tigard, Ore .
Dear Frank:
At the Tigard Town and Country meeting Wednesday night , and after
reading about the budget crunch of the city , it was decided to revise
our requests for assistance from the city .
Specifically , we wish to rescind our request for beer garden fencing
and for chemical toilets . You had stated additional rest rooms are
planned, and if they are installed by Au gust , the chic sales probably
would not be needed. If they are deemed necessary , the committee
could pay for them.
We definitely need the insurance which the city has provided through a
rider on its policies , and hope the city will provide this . We could
assist in any additional charges .
We feel the permanent electrical installations at the park would be
beneficial to all and hope this matter will be pursued. When costs
are known our committee can decide whether to start the project
or continue with temporary connections as in the past .
We hope the city can see its way in providing funding for additional
police and park manpower as in the past , and strongly urge you to
pursue seeking permission to use the pasture on the east side of the
access road for parking , and also t`,e renovation of the barbecue pits
as we discussed.
The committee is greatly appreciative of past and present assistance
from the city, and hopes that in better times we may be able to renew
some of the assistance requests . But at the moment , we agree there
are higher priority for city funds thanthe festival .
We welcome the opportunity to discuss these matters further at your
convenience .
( Best regard ,
J � S'
hafer
h a i r m a n A NON-PROFIT ORGANIZATION
Town and Country Committee
TIGARD TOWN AND COUNTRY DAYS
P.O.BOX 23885
TIGARD,OREGON 97229
et_
a
January 25, 1982
_Mayor Bishop and Members of the City Council,
Let me thank you for the opportunity of coming before you tonight
to outline some of the plans of the Tigard Town and Country Days Committee ,
for the 1982 Festival.
I wish to express the committee's gratitude for financial assistance
from the city council, cooperation of the Tigard Police Department, and
the Public Works Department personnel prior to and during the 1981 festival.
The assistance of those persons greatly helped the committee in staging
the event.
On another subject, recently there had been some suggestions from
various business and community individuals, suggesting the festival be
moved back into the city to provide more visibility, shorter distance, and
greater accessibility. In response to these suggestions, a joint effort
between the Chamber of Commerce and the Tigard Town and Country was made
to meet at the Tigard Senior Citizens Center. The results of that meeting
were to conduct a survey of the downtown merchants, relating the possibility
of closing Main Street two to three days. Of 26 businesses polled, 20 .
proprietors disapproved of the idea. This therefore, necessitates a re-
evalaution and further community input.
As you well know, the problem with Cock Park is the lack of parking.
There have been rumors that the city one day will acquire the pasture land
east of the access road adjacent to Cook Park. The Tigard Town and Country
Day Committee feels most strongly that the success of the festival depends
on parking availability adjacent to the park activities. The Committee
can not depend on the benevolence of the school bus firms to transport
persons to the park. Your suggestions and solutions to this primary
problem would be greatful.
As in years past, the Tigard Town and Country Days Committee, would
like to request Councils continued support for the Beer Garden, funding
for the fencing, chemical toilet facilities in the park, as well as Tigard
Police and Reserve assistance throughout the festival. The Committee strongly
suggests the elimination of the Pinkerton services which would be a budgetary
savings. The effectiveness of the this services does not warrant the expense.
We would also ask continued support for the insurance rider through the City
of Tigard.
i
A NON-PROFIT ORGANIZATION
T IGARD TOWN AND COUNTRY DAYS
P.O.BOX 23881
it TIGARD,OREGON 97223
A 6
Proposal
Tigard City Council
1/2582.
Every year the committee has spent monies to provide temporary
electrical outlets for lights, booths, speaker systems and other needs
which generated a cost annually of $415.00. We feel it is the time
for permanent electrical installations. The Committee would then suggest
a shared expense with the city so that this could be implemented.
In response to the parking problems, the Committee has made contact
with a firm to provide horse driven wagons to assist with transportation to &
from the parking areas. Should this be approved, permission from the
Council is requested for overnight arrangements- for the horses in the
park vacinity.
The Committee as usual, hopes to expand the festival, providing
expanded activities and entertainment. In addition to the customary
activities, it is hoped to provide carnival rides at the park, as well as,
the antique car show.
We hope that we can count on the support of the City Council as
in years past.
Sincerely,
Joe Schafer
President
A NON-PROFIT ORGANIZATION
f
NMI
Ara-Fam—
MEMORANDUM
TO; CITY COUNCIL
FROM: BUILDING DEPARTMENT
SUBJECT: Sign Code
The sign code has been rewritten and is now in the process of review by
City departments, NPO's, Sign Contractors that have participated in code
revisions, Planning Commission and Chamber of Commerce. When all reviews
are completed the City Staff will complete the code and present it to
Council for review and adoption.
At the present time the Building Department has started sign code enforcement
using existing sign regulations now in force. The new code will contain
all the substances of the existing code. The intent is to clarify and
condense the language as it now exists to make it more understandable.
It is the intent to ask Council approval for an extension of time on
non-conforming signs to June 30, 1982 in order to start enforcement in
an orderly and professional manner.
Many of the merchants and business people of Tigard are not familiar with
the present requirements of the City's sign regulations. It is the hope of
the Building Department to bring all signs in the City into conformance
and establish continued enforcement within the first six months of the
City's new fiscal year.
We are finding that most citizens of the City are willing to comply with
our request for conformance when they fully understand the reason for
our regulations.
EdWalden
WASHINGTON COUNTY
ADMINISTRATION BUILDING-- I" N. FIRST "ENUE
HILMORO, QREGON 97123
BOARD OF COMMISSIONERS
VIRGINIA DAGG,Chairman COUNTY ADMINISTRATOR
LYELL GARDNER,Vice Chairman ROOM 418
JIM FISHER (503)648-8676
BONNIE L.HAYS
LUCILLE WARREN
February 19 , 1982
The Honorable Wilbur Bishop
Mayor of Tigr.rd
P.O. Box 23397
Tigard, Oregon 97223
Dear Mayor Bishop:
At a recent Public Officials' Caucus meeting, Mr. Rick
Gustafson of the Metropolitan Service District discussed solid waste
issues in general. He also specifically brought up his concern of
whether or not local officials in Washington County support the
construction of a transfer station in our County.
At a recent meeting of the Board of Commissioners, a
Resolution and Order was adopted supporting the concept of a new
transfer station. We urge all local governments in Washington County
to adopt similar resolutions and forward them to Metro. The Board of
Commissioners feels that with the closure of the Hillsboro Landfill,
the Clackamas County Landfill, and the Newberg Landfill in the next 12
to 20 months that a transfer station is needed. The transfer station
will be needed to help contain rising costs associated with the
hauling of solid waste to a landfill.
We hope that you are able to support the construction of a
transfer station in Washington County, and should you have any
questions in this matter, please call my office.
Very truly yours,
Gordon L. Mulleneaux
County Administrator
GM:lk
Enclosure
ap equal opportunity employer
-v
1 IN' THE BOARD OF COUNTY COMMISSIONERS
2 FOR WASHINGTON COUNTY, OREGON
3 In the Matter of Requesting That ) RESOLUTION AND ORDER
Metro Site A Solid Waste Transfer )
4 Station in Washington County. ) NO. 82-11
5 The above-entitled matter came on regularly before the Board
6 at its meeting of February 2, 1982; and
7 It appearing to the Board that there is no site in Washington
8 County designated and available for proper disposal of solid waste;
9 and
10 It appearing to the Board that no such site has been designated
11 for future availability despite a long-standing commitment from the
12 Metropolitan Service District (Metro) to exercise its responsibility
13 and authority to provide an adequate disposal site; and
14 It appearing to the Board that the franchised solid waste
IS haulers of Washington County face ever-increasing special equipment
16 costs, travel expenses, time delays and other such problems due to
17 lack of a disposal site within the County; and
18 It appearing to the Board that these costs necessarily must
Z19 be passed through to the citizens of Washington County and that
u„ 20 citizens have no place to properly dispose of debris on their own;
z-
ow"
21 and
Z"
io 22 It appearing to the Board that such an inefficient and expen-
aW
31 23 sive system discourages proper handling of solid waste and may lead
UJ
z° 24 to serious health, safety and aesthetic problems; and
J
>= 25 It appearing to the Board that its Solid Waste Advisory Com-
Z
ned citizens
26 mittee, members of the solid waste industry and concer
0
?age 1
I have advised the Board that locating a major solid waste transfer
2 station in Washington County would significantly alleviate the
3 problem; and
4 It appearing to the Board that these groups, and the Board,
S are prepared to work diligently with Metro and all other affected
6 jurisdictions to promptly implement this solution; now, therefore,
7 it is
8 RESOLVED AND ORDERED that Metro hereby is requested to site
9 a solid 'waste transfer station within Washington County; and it
10 is further
11 RESOLVED AND ORDERED that Metro is requested to begin the
12 siting process as soon as possible and to work diligently with
13 Washington County toward speedy completion; and it is further
Lti .. 14 RESOLVED AND ORDERED that Metro is requested to cooperate
15 with and assist Washington County in siting its own disposal
t
16 facility if Metro is unable to site a facility within the very
17 near future; and it is further
18 RESOLVED AND ORDERED that the Solid Waste Advisory Committee
19 and County staff shall work with Me=ro and keep this Board advised
of 20 of progress towards completion; and it is further
122 21 RESOLVED AND ORDERED that the Director of the Department of
E"
vi� 22 Public Health send a copy of this Resolution and Order to Richard
35
0 23 Gustafson, Metro Executive Officer, to each Metro Councilmember,
UJ Cr
?N 24 to an appropriate representative of Multnomah and Clackamas Counties,
of
?= 25 the City of Portland and all incorporated cities in Washington
f-
a 26 County and to the Solid Waste Advisory Committee.
tge 2
I DATED this 2nd day of February , 1982.
2 HOARD OF COUNTY COMMISSIONERS
FOR WASHINGTON COUNTY, OREGON
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Page 3
MEMLORANDUM
TO: City Council Members
From: Linda Sargent, Research & Development Aide
Re: Synopsis of the METRO Solid Waste Disposal Transfer Station Siting
Procedures Report
Date : June 15, 1981
BACKGROUND
METRO is responsible for disposal of the region's solid waste. As Portland area
landfills are approaching capacity, METRO is initiating a three step plan to
ameliorate this situation: 1) the construction of a Resource Recovery Facility
by 1985 in Oregon City which will generate energy from mixed waste and reduce
waste going into landfills by an estimated 56%; 2) the siting of a new landfill
to handle the remaining solid waste once the existing landfills have reached
capacity; and 3) the identification and construction of transfer stations on
the east and west sides of the Willamette River to improve hauling efficiencies
and to regulate the flow of garbage to disposal facilities.
TRANSFER STATION IDENTIFICATION AND SELECTION
A transfer station is an enclosed building which serves as a receiving station
for solid waste delivered by commercial garbage haulers and the general public.
Waste is dumped into a concrete pit and loaded into tractor/trailers for transport
to a Resource Recovery Facility or a landfill. It is estimated that sizing the
two transfer stations to handle 1200 tons of municipal solid waste per day would
sufficiently serve the region for the next 20 years. METRO estimates the cost
of constructing 2 transfer stations at $6 million. Annual operating costs are
estimated at $1.5 million. The cost of direct haul to the Resource Recovery
Facility without transfer stations it estimated at $12,593,000 per year. METRO
plans to identify 10 sites for transfer station construction in each service area,
evaluate those 10 sites and then conduct a detailed evaluation of the top 3 sites
in each area. (see attachment A) Sites will be identified and evaluated which
meet the following criteria: 1) sites that are substantially underdeveloped or have
abandoned facilities; 2) sites within a light in6ustrial, heavy industrial, genera),
industrial or manufacturing zoning; 3) sites with access to major transportation
corridors; and 4) sites adhering to established design parameters. A technical
committee will then rate the 10 sites and select 3 sites from each service area.
A detailed analysis on the 3 sites based on level of service, haul cost, land cost,
vehicular access, adjacent area, utilities, air quality, traffic, and noise will be
conducted. Site specific development requirements will be examined and station
location will be evaluated based on cost. A report from 2ETRO recommending sites
for east and west transfer stations will be compiled. Public hearings will then
be held on the final site selection prior to METRO Council Authorization. (see
attachment . B)
STAFF RECOMMENDATION
It is staff's conclusion that the criteria developed by METRO for transfer site
identification and selection is adequate and recommends that the City develop
communication with METRO on this issue.
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March 25, 1982
MEMORANDUM
To: Mayor and City Council
From: Finance Director, Doris Hartig
Subject: 72nd Avenue Public Hearing
The items attached are most relevant for the public hearing Monday night. Please
bring any other items , previously distributed, which you might wish to have for
reference at the hearing.
DH: lw
DE HAAS & ASSOCIA'T'ES, INC.
CONSULTING ENGINEERS&SURVEYORS
WILSONVILLE, OREGON 97070
SUITE 445-ACC CENTER (503) 682-2450
- 9450 S.W. COMMERCE CIRCLE
March 8, 1982
Frank Currie, P.E.
Director of Public Works
Cityof Tigard
P.O. Box 23397
Tigard, Oregon 97223
Dear Frank:
We have completed the check of price extensions of the bids for L.I .D. 21 -
S.W. 72nd Avenue Area which were received and opened at 2:00 p.m. , March 2,
1982 in the Tigard City Hall .
Six (6) responsible bids were received. Two (2) informal bids were received
in that Addendum No. 1 was not executed. It is procedurally correct, and-
we so recommend, that the informal bids be rejected.
Bids for the total project, assuming no deductables, were as follows:
S 1,656,104.90
1. Oregon Asphaltic Paving
1 ,780,084.10
2. Clearwater Construction
1,875,332.45
3. Jim Ferguson Concrete Construction
4. Land Construction
1,906,050.40
5. Columbia West Materials and Constructors
1,921,588.64
2,719,463.42
6. Cascade Construction
1,628,950.75
* Columbia Excavating 2,248,358.20
* Grimmett Enterprises
Engineers Estimate: S 1,837,544.00
* It is recommended that the "informal" bids of Columbia Excavating and Grim-
mett Enterprises be disqualified.
Oregon Asphaltic Paving would continue to be the low responsible bidder, should
the Council elect to choose any combination of deductible alternates.
Sincerely,
MARLIN DE HAAS, P.E.
cc: 80. 194.118
j ADDENDUM N0. 1
TO THE CONTRACT DOCUMENTS
FOR
L.I.D. 21 - S.W. 72nd AVENUE AREA
STREET IMPROVEMENTS
February 23, 1982
I. Contrary to STANDARD SPECIFICATIONS - STORM DRAINS, Item 2-B-1b, Page St. 0-8,
all pipe 27 inches and over shall be reinforced.
2. SPECIAL SPECIFICATIONS, Page Sp.-8. Items 10, 11 and 12 are revised to be
Items b. , c. and d. respectively under Item 9.
3. SPECIAL SPECIFICATIONS, Page Sp.-54. Mast arms are 8 feet, not 8" .
4. The Contractor need not provide proposal subtotals for each schedule. One
1 grand total shall be provided at the end of the Proposal , Page 25.
5. Base and Leveling Courses. Contrary to the STANDARD SPECIFICATIONS (G&P - G) ,
measurement and payment for base, leveling course and subgrade stabilization
materials shall be based on the unit price per cubic yard stated in the
Bidder's Proposal and measurement shall be by conversion of weight tickets
supplied to the inspector on the job. A conversion factor will be established
by the Engineer by measuring a truck and weighing empty and full .
The Engineer shall have the option of making additional measurements and
establishing revised conversion factors as may be deemed necessary to account
for varying sources or conditions. The Contractor shall provide whatever
labor is necessary to strike the trucks level at the Engineers direction.
The determination of tare weights and the weight of loaded vehicles will be to
the nearest ten ( 10) pounds. Tare weights will be determined by weighing
empty vehicles at intervals of such frequency as the Engineer deems necessary
to insure accuracy of pay load weights.
6. Signilization.
a. The traffic islands and cross hatching on 72nd AVENUE at CARMAN
DRIVE are to be of 9" minimum width THERMOPLASTIC Material .
b. NON-INTERIOR ILLUMINATED SIGNS as shown on plans but not on the
material lists are NOT part of this contract.
C. THERMOPLASTIC may be either HOT or COLD or BOTH.
d. The Reinforcing steel in the foundation of Vehicle Pole #1 as
shown on the Equipment Location Plan for 72nd AVENUE at CARMAN
DRIVE shall be a minimum of 3 - #4 hoops, 9 1/4" min.I .D. equally
spaced on 4-#8 vertical bars , witha minimum length of 54".
; - 7. Connies Grocer (B26+75) . Removal of Connies Grocery, part of which is within
the construction area near station B16+75, is not a part of this Contract.
8. Topographic notes on sheets 3 and 4 "Edge of borrow pit" are for clarification
of topography only. These pits are operated by Washington County and no
agreement has been made with Washington County with respect to the Contractors
use of the pits. Any contact with the County relating to the Contractors use
of the pits for any purpose would have to be made by the Contractor.
All bidders shall acknowledge receipt and acceptance of this Addendum No. 1 by
signing in the space provided and submitting the signed Addendum as a part of their
bid. dd
Receipt acknowledged and conditions agreed to this /5-;�—day of �etrc 1982.
OYe �n AS xa///C 0"a`," Ccs. BY ,
FIRM NAME OF BIDDER I ATURE OF DDER `OFFICIAL TI LE
MARLIN JI DE HAAS, P.E.
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CIVIL ENGINEERING
PLANINIIN9G•SURVEYING
WACAssociates inc.
Re
M E M O R A N D U M
TO: Richard C. Waker DATE: 3/2/82
FROM: Gary G. Bliss 1� JOB NO. : 65601
SUBJECT: S.W. 72nd Avenue Area L.Z.D. 21
At your request I met with Marlin DeRass and Gary
Myzak regarding the subject project. I reviewed the planned
design for the project with respect to two alternates, Proposal
"A" and "B" as described in the City' s Ordinance No. 81-45 and
subsequent amendment Ordinande No. 81-82, copies of which are
attached. Also attached is an exhibit depicting the typical
structural cross sections used for the two proposal comparisons.
Gary Myzak explained the design criteria which was
used in preparing the scope of the improvements for Proposal
"B".
In Ordinance 81-82, Proposal "B" established that the
portion of S.W. 72nd Avenue north of Carmen Drive be graded
to a standard 40 foot road and paved to a 23 foot width. In
order to provide a shoulder and protect the graded road bed,
6 foot rock shoulders were utilized. Ditches were used in
areas where longitudinal grades warranted them. Culverts
were used where the typical ditch section was impractical
due to flow capacity and/or steep grades and conflicts with
other utilities.
The full street improvement section was used in the
vicinities of the two railroad crossings. This was deemed
necessary to allow construction of the crossing protection
devices. The full section improvement was also used in the
vicinity of Kable Lane as it is already improved.
I reviewed the working drawing, actual cross sections
along the road alignment and preliminary cost estimates for
the two alternates. It is my opinion that given:
1. The cross sections to be considered were as described
in Ordinance No. 81-82, and as shown on attached
exhibits;
2. Roadside ditches are impractical in steep grades;
3. The railroad crossings require full street improvement
to facilitate safety considerations and to avoid
future removal and reconstruction of crossing
protection devices;
11080 S.W. ALLEN BLVD. / SUITE 100 1 BEAVERTON. OREGON 97005 / (503)643-941C
Memorandum To Dick Waker
Page 2
t March 2, 1982
Re: S.W. 72nd Avenue Area L.I.D. 21
4. Storm drain culverts are required at all driveway
locations;
5. Additional excavation is required to provide road-
side ditches in cut areas;
6. Additional work area is required outside the 60
foot road right of way;
7. A 6 foot width-marked for pedestrian and bicycle
traffic be provided;
The two proposals are fairly comparable in cost.
Comparing the project net costs for Proposals "A" and
"B" as shown on the enclosed cost summaries, the difference
between "B" and "A" is less than 7%, or about $163, 000 . The
total minimum costs of the alternates after maximum deducts
and the addition of a 6 foot wide bike path, amounts to a
difference of less than 1% or $25, 854 . Even considering
deducting the bike path, the difference would still be less
than 4% .
It is my opinion that the small percentage difference
would not warrant Alternative "B" over Alternative "A.
Oregon Asphaltie Paving C®® a.N�
ASPHALTIC CONCRETE PAVING • Roads - Industrial Areas - Shopping Centers - Sub Divisions - Yard and Warehouse Areas
PRONE 252-1497 1220 S.E. 190TH AVENUE PORTLAND, OREGON 97233
March 24, 1982
RECEIVED 1982
The Hon. Wilbur Bishop,
Mayor and City Council
City of Tigard
Tigard City Hall
Tigard, OR 97223
Re: L.I.D. 21
Gentlepersons:
Be advised that Oregon Asphaltic Paving Co. does not intend to object
or protest the award, on the captioned project, to Columbia Excavating
Co.
Very truly yours,
OREGON ASPHALTIC PAVING CO.
O.W. Adams
President
OWA/ia
cc: Nancy Stimler
Ken Sheckla
Tom Brian
John Cook
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O'DONNELL.
SULLIVAN fk RAMIS DATE March 29 , 1982
ATTORNEYS AT LAW
1727 N W HOYT STREET TO EJS
PORTLAND. OREGON 97209
15031 222-4402 FROM BLN
RE City of Tigard: Bidding Procedure
The bidding process for public improvements contracts is statu-
torily defined to allow the public governing body broad
discretion in developing a procedure for the acceptance or
rejection of bids for those public contracts. An examination of
authorities surrounding the bidding process shows that the City
of Tigard' s determination to reject an apparent low bidder in
favor of the second lowest bidder for the 72nd Avenue project
contract was within the statutorily described parameters of
discretion.
One Oregon case discusses the matter of this discretion. In
Hanson v. Mosser, 247 Or 1 , 427 P2d 97 (1967) , two citizens and
some taxpayers brought an action seeking a judgment declaring
an award of a contract to be illegal and void. The plaintiffs
alleged that the State Director of Finance and Administration
had improperly awarded a public contract to a bidder other than
the lowest bidder in derogation of ORS 279 . 714 . This statutory
section was repealed by Oregon Laws 1975, Ch. 771 , Section 33
and replaced by ORS 279. 029 . This new section uses the phrase
"lowest responsible bidder" in the same manner as it was used in
ORS 279.714 . ORS 279. 029 states:
"AWARD OF CONTRACT; BOND; WAIVER OF BOND IN CASES OF
EMERGENCY. (1) After the bids are opened as required by
ORS 279. 027, and after a determination is made that a
contract is to be awarded, the public contracting agency
shall award the contract to the lowest responsibile bidder.
'Lowest responsible bidder' means the lowest bidder who
has substantially complied with all prescribed public
bidding procedures and requirements and who has not been
disqualified by the public contracting agency under ORS
279.037. "
This statute does not further proscribe the bidding requirements
and procedures; nor does the statute imply any definition of
"substantial compliance" . This grant of discretion without
further limitation is compounded by the express grant of discretion
in ORS 279. 035. ORS 279. 035 states:
"The public contracting agency may reject any bid not in
compliance with all prescribed public bidding procedures
and requirements, and may reject all bids if in the
judgment of the agency it is in the public interest to
do so. . . "
in consideration of these statutory provisions, the court in
Hanson v. Mosser held that awarding a public contract under the
statute to be "lowest responsible bidder" is not merely a mini-
sterial duty but that such an award involves the exercise of
broad discretion. The court also found that this discretion was
BLN:mch
3/29/82 - Page 1
o'DONNELL. DATE March 29 , 1982
SULLIVAN & RAMIS
ATTORNEYS AT LAW TO EJS
1727 N.W. HOYT STREET
PORTLAND. OREGON 97:09 FROM BLN
(503) 222-4402
RE: Clty of Tigard- Bidding Procedure
not a restriction on the authority of a public officer to award
the contract to a party other than the lowest bidder. 247 Or 1 ,
227 P2d 97 , 99 (1967) .
There appears to be no Oregon authority regarding the limits of
discretion; nor is there any authority that would support
definition of a waivable defect in the bidding process. The
reasoning of the commentators leads to the conclusion that an
agency decision must conform to the statutory requirements
regarding the bidding procedure. Am.Jur. X64 .
Since this agency action is generally regarded as judicial and
discretionary rather than ministerial, the agency should be given
wide latitude in the absence of specific requirements. The City
of Tigard' s action in rejecting this bid was consistent with
their bidding policies and procedures developed with the necessity
of practicality- in mind. The City of Tigard gave an instruction
to the bidders that the addendum as well as the contract must be
signed by the bidder. The ramifications of a missing signature
are obvious. This requirement was consistent with the city' s
previous public contract procedures.
The commentators state that in the absence of fraud and probable
abuse of the grant of discretion, a court would not ordinarily
interfere with an agency' s decision as to the details of entering
into a contract or the acceptance of bids as long as the agency
conforms to the requirements of the controlling statutory pro-
visions, ordinances , or other legislative requirements. A
decision as to whether a bidder has complied with the conditions
imposed by the advertisements for bids is final and conclusive.
It does not appear that the City of Tigard acted beyond the
reasonable limits of their discretion. Provisions other than
ORS 279.029 and ORS 279 .035 may apply or expand the definition
of this discretion. The Charter of the City of Tigard, Ch. IX--
Public Improvements, states:
"Section 38 Improvements. Procedure for making, altering
. . .a public improvement shall be governed by general
of this state. . . .
"Section 40 Bids. A contract in excess of $2 ,500 for
public improvement to be made by a private contractor
shall be let to the lowest responsible bidder for the
contract and shall be performed in accordance with plans
and specifications approved by the Council. The Council
shall have the right to reject any or all said bids. "
These sections clearly adopt at least the measure of discretion
allowed for under ORS 279.029 and 279 .035 and expressly grants the
council a broad measure of discretion to reject any and all bids
without mention of criteria that would define a test for defects.
BLN:mch
3/29/82 - Page 2
P,•DONNELL. DATE March 291 1982
SULLIVAN & RAMIS
ATTORNEYS AT LAW TO EJS
1727 N.W. HOYT STREET
PORTLAND. OREGON 97209
(503) 222-4402 FROM BLN
RE- City of Tigard- Bidding Procedure
Title 13 of the Tigard Municipal Code: §§ 13.04.070 and 13 .04 . 150
state that a measure of compliance is defined by the terms of
the bid instructions and advertisements.
BLN:mch
3/29/82 - Page 3
March 19, 1981
RE: 72nd Avenue LID #21
Dear
This letter is to informally advise you of a public hearing before the Tigard
City Council to be held March 29, 1982, commencing at 8:00 p.m. , at Fowler
Junior High School Lecture Room, 10365 SW Walnut Street, Tigard, Oregon. The
purpose of the public hearing is to receive testimony by persons affected by
the proposed establishment of a Local Improvement District for the purpose of
making certain street improvements to SW 72nd, SW Bonita, and SW Upper Boones
Ferry Road. Legal notices of the hearing will appear in the March 18th and
March 25th editions of the Tigard Times, but we wanted to be sure that you were
made aware of the hearing as it will directly affect you.
Generally, the purpose of this hearing is to allow you, the property owner, to
support, object to or remonstrant against the formation of the local improve-
ment district.
This is a reopening of a hearing for the same purposes held in February of 1981
and continued into June of 1981. The purpose of the reopening is to specifically
allow objections and remonstrances to the project as presently proposed and bid.
Final plans specifications and bids are on file with the City Recorder for public
inspection.
The total assessable cost is $1,533,955 plus any additional right-of-way costs
in excess of $50,000.
Upor. hearing the testimony and reviewing written comments, the City Council can
determine to either proceed or not proceed with the project. If the determination
to proceed is made, the next step would be to award the bid for construction.
In determining whether to proceed with the project, the City Council is bound
by local ordinance which states that Council may not proceed with an LID if the
owners of 66 2/3% or more in the area of the property within the assessment
district, file with the City Clerk, a written objection or remonstrance against
the proposed improvement within 10 days from the date of the first publication
of the required legal notice. Verbal objections and remonstrances will be re-
ceived up to the closing of the public hearing of the evening of March 29, 1982.
Under Local Improvement District Statutes, assessment district boundaries are
established by the City Council and the costs of the project are assessed, in an
equitable fashion, against each of the properties within the district. Your
property is included in the assessment district. If the project is implemented,
HE: "12nd Ave. LID 1121
Page 2
your estimated assessment will be , which may be paid in install-
ments over a period of years at a reasonable interest rate not to exceed an
interest rate to be established by the City Council at the time the Ordinance
is adopted. You may, of course, pay the entire assessment at any time.
Maps and charts showing the boundaries of the proposed Local Improvement
District, the proposed improvements and the estimated assessment for each property
are available for your inspection in City Hall which is located at 12755 SW Ash
Street, Tigard, Oregon.
I trust this letter has been informative and has clarified the proposal for you.
If you have any further questions, please do not hesitate to contact me at
639-4171, or at City Hall in Tigard. A pre-public hearing meeting for informal
discussion and general information purposes will be held at 2:00 p.m. , March 29th,
at Consolidated Supply Company, 7337 SW Kable Lane (just south of Southern Pacific
crossing on 72nd) .
Yours ftruly,
,
Frank A. Currie, P.E.
Public Works Director
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MINIMUM REQUIREMENTS FOR TRANSFER, STATION:
FACILITY SIZED TO HANDLE ALL WASTE IN WASHINGTON
COUNTY SERVICE AREA
STATION INCLUDES RECYCLING FACILITIES
PUBLIC ACCESS PROVIDED AT STATION
TRANSFER OF WASTE SUBJECT TO METRO'S FLOW
CONTROL
TRANSFER SYSTEM CONDUCIVE TO LANDFILL AND
ENERGY RECOVERY FACILITY
OPERATOR OF GATEHOUSE INDEPENDENT FROM STATION
OPERATOR
. METRO USER FEE COLLECTED
. METRO ESTABLISHES RATES
r
E
MEMORANDUM
TO: City Council
FROM: Planning Director
RE: Settlemire Appeal
The relationship of the actual property line and the public improvements are
an important issue in this case. I would like to strongly encourage you to
make an inspection of the site prior to the March 22, 1982 hearing.
STAFF REPORT
AGENDA 5.5
TIGARD PLANNING COMMISSION
March 2, 1982 - 7:30 p.m.
Fowler Junior High - Lecture Room
10865 SW Walnut, Tigard
February 18, 1982
No submission of additional material by applicant shall be made at this Public
Hearing unless the applicant is requested to do so. Should this occur, unre-
quested, the item will be tabled until the following hearing.
DOCKET: Conditional Use, CU 4-82 (Tim Settlemire) NPO #2
APPLICANT: Tim A. Settlemire OWNER: May S. Vincent
306 S. Chehalem St. P.O. Box 2971
Newberg, Oregon 97132 Portland, Oregon 97208
REQUEST: For a Conditional Use permit to locate a florist shop in a C-3 General
Commercial Zone.
APPLICATION DATE: February 5, 1982
SITE LOCATION: 12035 SW Pacific Highway (Washington County Tax Map 2S1 2AA,
lot 1000) .
PREVIOUS ACTION: none
FINDINGS OF FACT:
1. The site is zoned C-3 and is designated General Commercial on the NPO #2
Plan Map and the City of Tigard Comprehensive Plan.
2. The City of Tigard Municipal Code allows any conditional or permitted use
in a C-4 zone excepting mobile home parks as a conditional use in a C--3 zone.
Florist or flower shops are permitted in the C-4 zone.
3. The applicant proposes to locate the flower shop in an existing building.
There is water and sewer available. Adequate parking is available.
4. The current access from Greenburg Road to the site is within five feet of
the intersection of Greenburg and Pacific Highway. City Code requires that
access drives be located at least 30-feet from the property line at the inter-
section of two streets. (Reference Code Section. 15.04.080)
5. Currently, there are two accesses to the site from SW Pacific Highway. One
of the access points is located within five feet of the intersection of Pacific
Highway and Greenburg.
6. Applicable policies from the NPO #2 Plan are as follows:
Policy 28: In the interest of safety and efficiency, the number of highway
access points must be kept to a minimum. Wherever possible, businesses on
Pacific Highway should be clustered and share common parking facilities and
STAFF REPORT
CU 4-82
Page 2
driveways. As new development occurs, the number of access points should
not exceed the number necessary for property on-site traffic circulation
and, where possible, should be combined with access to adjacent businesses.
CONCLUSIONS:
1. The site is zoned in conformance with the NPO #2 Plan Map and the City of
Tigard Comprehensive Plan.
2. Florist shops are allowed as a conditional use in the C-3 zone under the -1.
provisions of the Tigard Municipal Code. (Reference Code Sections 18.28.020; 18.32.01C
3. Adequate parking and services are available to serve the site.
4. The current access from Greenburg Road to the site presents a potentially
dangerous traffic situation. After careful review, it is staff's opinion that
the access from Greenburg Road to the site should be eliminated.
5. Currently, there are two access points from Pacific Highway serving the site.
The access point nearest the intersection with Greenburg Road should be eliminated.
The remaining access will provide adequate access to the site and will allow on-
site traffic circulation and access to SW Center Street at the rear of the pro-
perty.
STAFF RECOMMENDATIONS: Staff recommends approval of Conditional Use, CU 4-82.
Staff suggests findings as follows to support approval:
1. The Planning Commission finds the proposed florist shop is appropriate for
this location after evaluating services available, :3ite access and traffic im-
pacts.
2. A florist shop is allowed as a Conditional Use in a C-3 zone. (Reference
Tigard Municipal Code Section 18.28.020, 18.32.010)
Staff recommends the following conditions be attached to approval of CU 4-82:
1. The access from Greenburg Road to the site shall be eliminated. A standard
street curb shall be constructed along Greenburg Road the length of the property.
2. The access on Pacific Highway nearest the intersection with Greenburg shall
be eliminated. A standard curb shall be constructed to align with the existing
curb along Pacific Highway.
3. Construction plans.for the curb improvements shall be submitted to and
approved by the City of Tigard Engineering Division. Site drainage plans shall
be submitted with the curb improvement plans to insure adequate on site drainage.
4. The parking spaces in front of the existing building shall be restriped to
indicate head-in parking rather than angle parking.
mamma
JSHrr ncrvtii
CU 4-32
Page 3
5. Potholes in the existing parking area shall be patched with asphalt.
Prepared by:, Approved by. ` P
li beth A. Newt n Frank A. Currie
Associate Planner Planning Director
C .
I=
TRANSVERSE EXPANSION JOINTS 3 1
d � a
I TO BE PROVIDED AT. EACH POINT OF o c
TANGENCY OF THE CURB a AT OTHER
LOCATIONS AS REQUIRED TO LIMIT THE
SPACING TO A MAXIMUM OF 20 FT.
• � U
2 MATERIAL TO BE PRE- MOLDED NON-
EXTRUDED
ON-EXTRUDED MATERIAL WITH A MINIMUM Q
THICKNESS OF 1/2" .
TRANSVERSE CONTRACTION JOINT z
a �
I SPACING TO BE NOT MORE THAN 10 FT c j
2. DEPT4 OF THE JOINT SHALL BE AT Q
LEAST ONE FOURTH OF THE CROSS -
SECTIONAL AREA . Cf)
0 t►
CONCRETE BREAKING STRENGTH j '
s
d �t
I. TO BE 3000 P.S. 1. AFTER 28 DAYS. Nt-
N
is '
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PLANkNG COI .1ISSION MINUTES
March 2, 1982
E Page 4
i
5.5 CONDITIONAL USE CU 4-82 Tim Settlemire NPO # 2
A request to locate florist ship in a C-3 General Commercial. Zone.
(a) Staff Report was read by Associate Planner, Newton.
i (b) APPLICANTS PRESENTATION - Tim Settlemire basicly agreed with Staff Report
except for the elimination of existing accesses. He went on to explain,
eliminating the Greenbrug Road access and installing standard curbs would
1 narrow Greenburg Road and increase present congestion problem. Traffic
would then turn right onto Center Street, cut across Applicants parking lot
and turn right onto Pacific Highway. Applicant felt if he was limited to
one access on Pacific Highway congestion would be worse than it is in its
present condition. He suggested they install enter and exit signs rather
than eliminating accesses.
(c) PUBLIC TESTIMONY
• Planning Director presented a latter from First Interstate Bank, Trustee,
representing Mae S. Vincent, Stanley Goodell and Laurie Ferguson. They
were in favor of the Florist Shop; However, opposed to eliminating accesses,
installation of standard curbs and necessity of a site drainage plan.
They agreed to patching pot holes and restriping parking lot for head in
parking.
s Discussion followed between Commissioner, Staff and Applicant regarding
alternatives for eliminating the accesses. General consensus being,
there would be more congestion created with the elimination of these accesses.
• Public Hearing Closed
(d) COMMISSION DISCUSSION AND ACTION
• Commissioner Moen questioned Staff regarding necessity of site drainage plan;
Planning Director stated this is a standard requirment when changes are being
made to the property.
s Commissioner Moen moved for approval of CU 4-82 per Staff Report changing
conditions as follows:
1. The acess from Greenburg Road to the site shall be marked entrance
only. A standard street curb shall be constructed along Greenburg
Road the length of the property with a driveway entrance.
2 The access on Pacific Highway nearest the intersection to Greenburg
Road shall be marked entrance only and the second driveway will be
marked, Right Turn Exit Only.
Conditions 3, 4 and 5 will remain the same, seconded by Commissio:.er Helmer.
® Motion carried unanimously.
i
Recess 9:30 P.M.
Commissioner Helmer excused because of illness.
Reconvene 9:37 P.M.
3/18/82
City Of Tigard
Tigard City Council
Ref: Conditional Use CU 4-82 - Pygma-lion Flowers
Attached please find a rough diagram of the property located at
12035 SW Pacific Hwy.
All of us (the City, the property owners, and the tenants) agree that
the intersection of Pacific Hwy and Greenburg Rd. does have traffic congestion
problems - and we all agree that something needs to be done with the property
to help facilitate proper ingress and egress. Pygmalion Flowers , the
property owners, and the other tenants agree with the Planning Commission
and take exception to the staff report recommending closing off two access
points. We feel that eliminating two access points would actually cause
a more dangerous situation to exist, that it would ?reatly lower the value
of the property, and that it would restrict and constrain the business activities
of the existing tenants.
We, along with the Planning Commission feel that signs directing traffic
flow (entrance only, exit only, right turn only - see attached diagram) is
the best plan for the property.
Further; to follow the staff report 's recommendations would cause
Greenburg Rd. to become six feet more narrow than it 's present width - thus
eliminating the right turn only lane onto Pacific Hwy. (see attached diagram)
Again - we all agree that something needs to be done - let 's work together
towards a common solution. But please - in the meantime - allow Pygmalion
Flowers to open for business. The City of Tigard has issued us a business
license and the Planning Commission and the City Planner told us that it was
alright to go ahead with our plans. We negotiated a lease agreement and we
have made extensive purchases and we have committed to certain outlays of
capital. This situation is costing time and money to both us and the City
of Tigard. Together we will find a solution - let us open our business while
a solution is being enacted.
Sinecerely,
im Settlemire
Py alion Flowers
c
Y
f
r
r
\ 2 r
- i
CITY OF T1 PD
WASHINGTON COUNTY.OREGON
March 12, 1982
Carl Cook, Director
Federal Emergency Management Agency
Region X
Federal Regional Center
Bothell, WA 98011
Dear Mr. Cook:
Enclosed are the proposed wording changes to the City of Tigard's existing
Sensitive Lands Ordinance that we discussed at our meeting of March 8th.
I have also attached the old sections so that you can compare the language.
Please review the proposed changes and indicate to us as soon as possible.
if the proposed chagnes will qualify to meet Federal flood insurance regu-
lations. We are scheduling this item for our March 29, 1982 City Council
meeting.
Sincerely,
a.
e�za�bet . Newton
Associate Planner
cmv
12755 S.W.ASH P.O. BOX 23397 TIGARD, OREGON 97223 PH:639-4171
March 23, 1982
MEMORANDUM
TO: Frank Currie, Public Works Director
FROM: Bob Jean, City Administrator
SUBJECT: Spring-Fall Road Improvements a Policy
My understanding of City policy is that no City funds will be expended for road improve-
ments outside City limits or on County roads. It is my position that, until a written
agreement can be developed between the City Council and the County Commission, no
County roads are to be accepted by the City.
Specifically, this seems to affect our Bikeway Program, the NW LID for 135th/Walnut/
130th/Scholls, and the planned Spring-Fall road improvements on Walnut, Fonner, 121st
and Gaarde.
Program emphasis should be shifted towards newly annexed areas such as Tigard Avenue
and Tiedeman where consistent with the road priority program. Preliminary survey
work in progress can continue so as not to waste work to date and so as to be able
to expedite programs upon annexation.
Please prepare an update report on annexations status, bikeway, and adjustments to
the Spring-Fall road improvements program for Council review in late April or early
May.
cc: Mayor and Council
John Hagman
Liz Newton
Linda Sargent
o'DONNELL. DATE: March 25, 1982 -�
•� SULLIVAN & RAMIS
c ATTORNEYS AT LAW TO: Bob Jean, City of Tigard
1727 N.W. HOYT STREET
PORTLAND. OREGON 97209
(503) 222-4402 FROM: EJS
RE: The Boundary Commission
Enclosed please find selected remarks made by Commissioner Jorgenson
of the Portland Boundary Commission, as per your request.
The City of .Tigard' s current dissatisfaction with the Boundary
Commission highlights continuing problems which require attention.
The city' s relationship with the Commission is long term, and,
hence, needs to be as good as is possible. Below are two separate_ ,
but complementary, means of working toward achieving a better,
relationship with the Boundary Commission.
Presently, there is one vacancy on the Commission. We should
seize this opportunity to fill this position with someone able
to counterbalance Eric Jorgenson. Jorgenson is , essentially, a lone
wolf who is able to lead the other commissioners to decisions in
line with his perspective because he is outsp(iken and articulate.
If a number of officials selected and recommended an individual
based on ability to assert a perspective divergent from Jorgenson's
in a forceful way, and that person is more empathetic to city
annexation needs, it would balance the Commission and help to alleviate
the current problem.
Secondly, the City of Tigard could invite other cities to participate
in an educational seminar for the Commission. The objective of this
forum would be to enlarge the Commission' s understanding of, and
inculcate them with, the problems and needs of the cities in boundary
matters, and to guide their understanding of just who benefits from
annexation.
Pursuing these two courses of action would help to achieve a strong
and friendly working relationship between the City of Tigard and
the Boundary Commission which could only be of help to Tigard.
i
3
Page 1
Boundary Lommission Hearings, March 18, 1902
Jorgenson: 1 move to deny proposali:bc,.
-- Seconded.
Jorgenson: I am a little concerned about r_aw sewage; I ' m
afraid a l i tl a bit has been flowing into this proposal . I
do not , like the aroma. A few people, particularly fellow
Commissioners, have heard me say some of these things-
earlier
hingsearlier because I am very much opposed to gerrymandering any
territory to effect a means of disenfranchising people, and_
this, I think, is .lust about the worst I 've ever seen. It
does appear to me that this area will ultimately, or
probably in the near/intermediate future, be in the City of
Tigard; it is logical to assume that it is going to grow. I
think that the planning director, or Mayor, or whoever it
was, indicated that it would take about 5 years to educate_
some of the people to the benefits, and for the City oT
Tigard to grow as a city to the point where people will fee.
more like being a part of it. I thin{: that waiting 5 years
is not too high a price to pay to maintain a system wh_-reby
people are allowed to have a certain self-determination. 1
do . not thine; that you can disenfranchise nearly 800 people
merely to accelerate an inevitability by perhaps 5 yearE
That is one of the major concerns that I have about this
Proposal , that it does disenfranchise and it is conceived
and intended Mended to. I think: the Mayor would be fairly opposed
to the idea of annexing only a portion of all of this, that
is the Bechtold portion of all of this, and leaving open the
bridge. The Bechtold property is, of course, necessary to
do the bridging, otherwise there wouldn' t be a triple
majority; i f we annex the Bechtold property alone later on
tonight, I thin; it would be very difficult to fill that in.
Moreover, I -think it would probably be a mistake to annex
even the Bechtold property unless the area to- the East and
Southeast were annexed to the city. I think she annexation
of just the prime mover or the innitial Mover of just the
property owner in this particular case would not be wise;
it would be an illogical e>;tension of city boundaries, it
would make it more difficult and would create too much of a
problem, ' I think, when trafTic comes on this street unless
_ and until that section becomes incporporated into the city.
And, therefore, I think the annexation of the i.nni t i al
property alone would probably be a mi stake and I ' d like to-
deny the whole thing.
I am not really a no growth person, but we are charged as a
.� Page
commi ssi on to prevent illogical en tensi ons of local
government boudaries. What we tend to do is act in a
knee-jerk fashion and approve, when there is a developer who
comes in and requests services, without sometimes really
taking a look. at what kinds of problems we are creating
because we don' t want to offend people and that is what it
looks like the majority are doing here. We don' t want to
offend a lot of people in the islands, and I certainly do
not, and we don't want to take away their right to vote.
Now we have the compromisers who say we don' t want to offend
the islanders so we' ll take out a little chunk in here: but
we don' t want to offend the Century 21 people either. . . r
<the following is not direct quotes; the tape was inaudible
in parts. What follows is what could be clearly understood:
Jorgenson: When does this maF.-:e a big difference in their
t a;;a s"
Chair: After April 1st.
Jorgenson: I have just enough contrariness in me to want to
make sure that this doesn' t get a decision until after March
31st , kind of to give it to them big, since it does make a
difference in the city' s taxes.
Eisman (^) : You really want to punish them. . .
Jorgenson: I th-;. nk it is the least we can do for the people
who came down here on their time to show them that their
comments had some effect.
Chair: If we put off voting on this measure until after the
March -11 date, then the city won' t be able to assess taxes
on the annexed area until after Nov. 1987'••.
Jorgenson: It would serve them right .
l
t
Honorable Victor Atiyeh
Governor of Oregon
254 State Capitol Building
Salem, Oregon 97310
Dear Governor Atiyeh:
On behalf of the City Council and the citizens of Tigard, I want
to express my outrage at the remarks of one of your appointees,
Eric Jorgenson, a member of the Portland Metropolitan Boundary
Commission.
The remarks in question were made on March 18 , 1982 at a meeting
of the Commission at which it considered five annexation proposals
requested by the City of Tigard. The proposals have been the
subject of much study and public hearings over the past three
years and represent a major effort by the City to adjust its
boundaries and provide urban services to the areas on a rational
basis. All four proposals were reconynended for approval by the
Commission staff .
The five proposals together would have added 1 , 357 people to the
city, $41 ,169 , 400 to the assessed valuation, and 631 . 31 acres to
the city limits. They would have signalled the end of a frag-
mented jurisdictional pattern to which Tigard has long been prone
by its irregular boundaries.
As it was, three of the proposals were approved and two were
deferred. The two deferred proposals were fairly controversial ,
due to the large amount of land involved and the fact that there
were a number of vehement opponents to the proposals.
Mr. Jorgenson' s conduct in these proceedings , particularly the
decisional portions of the two deferred proposals, was less than
admirable. Instead of being a dispassionate decision maker, he
became a cheerleader for the opposition. Tigard does not expect
every proposal it makes to the Commission to go its way. But,
it expects--and has a right to expect--that decisions will be
made according to Boundary Commission criteria , rather than the
passions of the moment.
What was most offensive about Mr. Jorgenson' s conduct was his
remarks on the North Dakota Island annexation, one of the two
controversial proposals. Mr. Jorgenson moved for the deferral
and advocated his motion, not on some policy ground, but, as he
r
4
Honorable Victor Atiyeh
Page two
stated it, to "punish" Tigard by forcing the city to serve the
area upon approval of the proposal in April. Such a deferral
would cause the city to miss the March 31st assessment date and,
hence, be unable to receive payment for services rendered until
at least November, 1983. See ORS 308 .225.
In view of these remarks, we believe Mr. Jorgenson has forfeited
his position of responsibility on the Commission and we, there-
fore, ask that you request his resignation from that body. If
you require further information, please contact me.
Very truly yours,
Wilbur Bishop, Mayor
1
March 23, 1982
MEMORANDUM
To: Mayor and City Council rn
From: City Administrator, Bob Jean
V
Subject: Annexation Policy Discussion
The Mayor has requested discussion of the City Annexation Policy. He will be
distributing copies of a resolution for your consideration on Monday evening,
March 29, 1982.
lw
v
2 43 t6
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o'ooNNELL. DATE: March 25, 1982
•° SULLIVAN & RAMIS
ATTORNEYS AT LAW
1727 N.W. HOYT STREET TO: Bob Jean , City of 'Tigard
PORTLAND. OREGON 97209
15031 222-4402 FROM EJS
RE: The Boundary Commission
Enclosed please find selected remarks made by Commissioner Jorgenson
of the Portland Boundary Commission, as per your request.
The City of .Tigard's current dissatisfaction with the Boundary
Commission highlights continuing problems which require attention_
The city' s relationship with the Commission is long term, and,
hence, needs to be as good as is possible. Below are two separate_ ,
but complementary, means of working toward achieving a better
relationship with the Boundary Commission.
Presently, there is one vacancy on the Commission. We should
seize this opportunity to fill this position with someone able
to counterbalance Eric Jorgenson. Jorgenson is , essentially, a lone
wolf who is able to lead the other commissioners to decisions in
line with his perspective because he is outspoken and articulate_
If a number of officials selected and recommended an individual
based on ability to assert a perspective divergent from Jorgenson' s
in a forceful way, and that person is more empathetic to city
annexation needs, it would balance the Commission and help to alleviate
the current problem.
Secondly, the City of Tigard could invite other cities to participate
in an educational seminar for the Commission. The objective of this
forum would be to enlarge the Commission ' s understanding of, and
inculcate them with,. the problems and needs of the cities in boundary
matters, and to guide their understanding of just who benefits from
annexation.
Pursuing these two courses of action would help to achieve a strong
and friendly working relationship between the City of Tigard and
the Boundary Commission which could only be of help to Tigard.
. F•agc 1
boundary Commission Hearings, March 18, 190
Jorgenson: 1 move to deny proposal #k176o_
-- Seconded.
Jorgenson: I am a little concerned about raw sewage; I ' m
afraid a 1 i tl a bit has been flowing into this proposal . I
do not , 1 i i;e the aroma. A few people, particularly fellow
Commissioners, have heard me say some of these things
earlier because I am very much opposed to gerrymandering any
territory to effect a means of disenfranchising people, and
this, I thin';, is just about the worst I ' ve over seer'. It
does appear to me that this area will ultimately, or
probably in the near/intermediate future, be in the City of
Tigard; it is logical to assume that it is going to grow. I
think that the planning director, or Mayor, or whoever it
was, indicated that it would take about S years to educate
some of the people to the benefits, and for the City of
Tigard to grow as a city to the point where people will fee;
more like being a part of it. I thin{:: that waiting 5 years
is not too high a price to pay to maintain a system whereby
people are allowed to have a certain self-determination. I
do not thin♦; that you can disenfranchise nearly 8c.r:'r peopl e
merely to accelerate an i ne ri tab' 1 i ty by -haps S years.
�( That is one of the m�.�jor concerns that I have about this
proposal , that it does disenfranchise and it is conceived
and intended to. I thi ni; the Mayor- would be fairly opposed
to the idea of annexing only a por-tion Of all of this, that
is the Bechtold portion of all of this, and leaving open the
bridge. The Bechtold property is, of course, necessary to
do the bridging, otherwise there wouldn' t be a triple
majority; if we annex the Bechtold property alone later on
tonight, I think it would be very difficult to fill that in.
Moreover, I -think it would probably be a mistake to annex
even the Bechtold property unless the area to* the East and
Southeast were annexed to the city. I thinks the annexation
of just the prime mover or the innitia! mover- of just the
property owner in this particular- case would not be wise;
it would be an illogical extension of city boundaries, it'
would maize it more difficult and would create too much of a
problem, I think, when traffic comes on this street unless
and unci 1 that section become= i ncporpor-at_ed into the city.
And, therefore, I think: the annexation of the innitial
property alone would probably be a mistake and I'd l i k:e to
deny the whole thing.
I am not really a no growth person, but we are charged as a
Page ^^
commission to prevent illogical extensions= of local
government boudaries. What we tend to do is act in a
knee-jerk fashion and approve, when there is a developer who
comes in and requests services, without sometimes really
taking a look at what kinds of problems we are creating
because we don' t want to offend people and that is what it
looks like the majority are doing here. We don't want to
offend a lot of people in the islands, and I certainly do
not, and we don' t want to take away their right to vote.
Now we have the compromisers who say we don' t want to offend
the islanders so we' ll take out a little chunk in here; but
we don' t want to offend the Century 21 people either. . .
<the following is not direct quotes; the tape was inaudible
in parts. What follows is what could be clearly understood:
Jorgenson: When dos=s this make a big difference in their
taxes'?
Chair-: After April -1st.
Jorgenson: I have just enough contrariness in me to want to
j make sure that this doesn' t get a decision until after March
31st, kind of to give it to them big, since it does make a
difference in the city' s taxes.
Eisman (^) : You really want to punish them. . .
Jorgenson: I thin: it is the least we can do for the people
who came down here on their time to show them that their
comments had some effect.
Chair: If we put off voting on this measure until after the
March ?1 date, then the city won' t be able to assess tares
on the annexed area until after Nov. 198E.
Jorgenson: It would serve them right.
- 1
Honorable Victor Atiyeh
Governor of Oregon
254 State Capitol Building
Salem, Oregon 97310
Dear Governor Atiyeh:
On behalf of the City Council and the citizens of Tigard, I want
to express my outrage at the remarks of one of your appointees,
Eric Jorgenson, a member of the Portland Metropolitan Boundary
Commission.
The remarks in question were made on March 18 , 1982 at a meeting
of the Commission at which it considered five annexation proposals
requested by the City of Tigard. The proposals have been the
subject of much study and public hearings over the past three
years and represent a major effort by the City to adjust its
boundaries and provide urban services to the areas on a rational
basis. All four proposals were recommended for approval by the
Commission staff.
The five proposals together would have added 1 , 357 people to the
city, $41,169, 400 to the assessed valuation, and 631 . 31 acres to
the city limits. They would have signalled the end of a frag-
mented jurisdictional pattern to which Tigard has long been prone
by its irregular boundaries.
As it was, three-6f the proposals were approved and two were
deferred. The two deferred proposals were fairly controversial ,
due to the large amount of land involved and the fact that there
were a number of vehement opponents to the proposals .
Mr. Jorgenson' s conduct in these proceedings, particularly the
decisional portions of the two deferred proposals, was less than
admirable. Instead of being a dispassionate decision maker, he
became a cheerleader for the opposition. Tigard does not expect
every proposal it makes to the Commission to go its way. But,
it expects--and has a right to expect--that decisions will be
made according to Boundary Commission criteria, rather than the
passions of the moment.
What was most offensive about Mr. Jorgenson ' s conduct was his
remarks on the North Dakota Island annexation, one of the two
controversial proposals. Mr. Jorgenson moved for the deferral
and advocated his motion, not on some policy ground, but, as he
Honorable Victor Atiyeh
Page two
stated it, to "punish" Tigard by forcing the city to serve the
area upon approval of the proposal in April . Such a deferral
would cause the city to miss the March 31st assessment date and,
hence, be unable to receive payment for services rendered until
at least November, 1983. See ORS 308. 225 .
In view of these remarks, we believe Mr. Jorgenson has forfeited
his position of responsibility on the Commission and we, there-
fore, ask that you request his resignation from that body. If
you require further information, please contact me.
Very truly yours,
Wilbur Bishop, Mayor
CIIYOFTIGAMD
March 23, 1982 WASHINGTON COUNTY,OREGON
Mr. Fred Joehnke, President
Summerfield Homeowners Association
10455 S.W. Century Oak Drive
Tigard, Oregon 97223
Dear Fred:
I want to thank you and everyone at lunch the other day for taking the time
to share some of the concerns of your neighborhood with us. The only "com-
plaints" I resent are the ones I never get.
The issues we discussed, and the follow-up needed are as follows:
•Density - The neighborhood impact of overall increases in City housing density
is probably the leading issue of our Comprehensive Plan effort. Increased in-
volvement by Summerfield in the Neighborhood Planning Organization (NPO) is
the most direct method of involvement for incluencing the Comprehensive Plan
prior to submittal to LCDC in September, 1982.
®Durham Road - As you are aware, Frank Currie, Public Works Director/Planning
Director/City Engineer, has this primary responsibility. Durham is not just
part of the City's traffic system, but a major link in the regional system.
Frank should be contacting you within the month to set up the committee meet-
ing to discuss both short-term and long-range options.
•Vandalism and Trespass - Police Chief Bob Adams has informed me that your
security committee has already been in contact with him. He informs me that
further shifts in patrol emphasis after high school events are being coordina-
ted. The City plans an aggressive block watch program City-wide -- this
"friendly, nosey neighbor" we discussed -- and Summerfield is an appropriate
place to start. Once we catch a few of the vandals, the word should spread.
Your continued efforts in this regard will be necessary and appreciated.
*General - We decided on a general Town Hall meeting in Summerfield on May 25
at 7:30 p.m. to discuss our progress on the foregoing and to review upcoming
issues, such as the Civic Center, Budgets and Tax Base, and any general ques-
tions the neighborhood might have.
12755 S.W. ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171
Mr. Fred Joehnke
March 23, 1982
Page 2
Again, thank you one and all for your positive involvement and helpful approach
to constructive criticism. This business of living and working together in
changing times isn't always easy, but together we can make Tigard a better place
for everyone.
Yours truly,
Robert W can
City Ad istrator
cv
cc: Mayor and Council
Frank Currie
Bob Adams
CITYOF MAW
March 23, 1982 WASHINGTON COUNTY,OREGON
Mrs. Carol Weaver, Director
Tigard Senior Center
8815 S.W. O'Mara
Tigard, Oregon 97223
SUBJECT: Follow-up from March Meeting
Dear Carol:
I want to thank you and all the others who helped with our recent discussion
on "loose ends". My notes indicate the following as our generally agreed upon
timetable and who was to do what:
oPlantings: City to plant trees by 3/31/82. ..Eagle Scout Bill Nesbaum to work
bark by 3/31/82. . .City to complete landscape plan and sprinkler
plan by 3/31/82. . .
®Sprinklers: Contractor to refill trenches with available backfill, adjust and
test sprinklers by 4/15/82 or sooner. . .
•Clearing: City to clear construction debris by 4/15/82. . .
oFill Dirt: Mayor to contact contractor at high school regarding top soil. . .
Clayton Nyberg to contact Meridian Hospital regarding fill
dirt. . .100 yards needed between now and 4/15/82. . .
oGrading: Seniors to contact Bob Gray about offer to do rough grading from
4/14/82 - 4/30/82. . .City to do final grading from 5/1/82 - 5/15/82. . .
•Seed: City to seed and plant ground cover by 5/15/82. . .
•Bark Dust: Seniors to obtain and spread by 5/15/82. . .
oPlantings: Find shrubs and plantings by Seniors and volunteers as needed. . .
oMainten- General lawn care and area maintenance by City. . .Water provided
ance: by Seniors. . .
12755 S.W.ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171
Mrs. Carol Weaver
March 23, 1982
Page 2
i
Other miscellaneous items discussed and agreed upon were:
*Puddles in floodway - Seniors to drain as needed. . .City to assist if requested. . .
*Basement and ceiling leaks - Public Works Director to contact contractor. . .
oDamaged eaves - Claire Mead, Operations Superintendent, to correct with insurance
carrier. . .
oDoors and weatherstrip - Public Works Director to contact architect and contrac-
tor. . .
oChamberlain drain field - City to contact County. . .
oBack door lamp - Seniors to contact Tigard electrician. . .
oClerestory windows - Public Works Director to contact contractor for long stick
and screens. . .
oPassive heating/cooling - Public Works Director to request that architect meet
with Carol Weaver and Vern Christensen. . .
The final item we discussed is the renewal of the agreement between the City and
the Senior Center. The current agreement is extended by mutual consent through
April. Administrative Assistant Joy Martin will work with Carol Weaver in updating
the agreement to take to Council by the end of April.
The City would like to accept your offer to let us hold the Washington County
Public Officials Caucus at the Center the evening of May 6, 1982 if that is still
appropriate. As always, thank you for your assistance in these matters.
Yours) /truly,
Robert W. Jean
City Ad istrator
cv
cc: Mayor and Council
Frank Currie, Public Works Director
Claire Mead, Public Works Superintendent
Joy Martin, Administrative Assistant
MEMORANDUM
TO: Mr. Bob Jean, City Administrator
FROM: Brad Roast, Code Enforcement Officer
With regards to my letter of March 22, 1982, addressing
a problem wich a "Centurion Detective Agency", Lt. Jennings
and I, after careful investigation h .,e determined this
business is no longer in operation within the city limits
and shall consider the case closed.
If the complainant, Mr. Stevens, wishes to pursue the matter
further and forwards evidence proving otherwise, this depart-
ment will re-open the investigation. Mr. Stevens has agreed
to this per our telephone conversation of 3/23/82 .
I also wish to note the assistance received by Municipal
Court Clerk Billie Rawlings helped considerably in expediting
a rapid conclusion to this case .
CITYCRTImRD
March 22, 1982 WASHINGTON COUNTY,OREGON
I
Mr. Otto Sorg
f 8000 S.W. Pfaffle Street
Tigard, Oregon 97223
Mr. Henry L. Bauer
Bauer, Murphy, Winfree & Schaub
1105 Commonwealth Building
421 S.W. 6th Avenue
Portland, Oregon 97204
SUBJECT: Library Lease of Sorg Building
Dear Mr. Sorg and Mr. Bauer:
The City was a bit surprised by your letter of January 27, 1982. After all,
we felt that we had reached a tentative and equitable agreement needing only
to be formalized. We have discussed the matter with the City Council and
the Library Board and have decided to accept your proposal effective July 1,
1982.
Since we are now talking market value for the property, we would request that
the following repairs be made as a part of the new lease:
1. Replaster and repaint ceiling and south wall in children's room;
2. Replaster and repaint ceiling in entry room;
3. Repaint employees' bathroom;
4. Repair brick wall in work area so cold air doesn't seep in;
5. Improve ventilation throughout building;
6. Increase wiring outlets in entry room work area;
7. Replace back door.
We would like the option to renew for one more year at the same rate as of
July 1, 1983 if the City does obtain tax exempt status on the property and
cost savings for Mr. Sorg. We would also like a third-year renewal option
with a rate to be negotiated between us at this time.
12755 S.W.ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171
Mr. Otto Sorg
Mr. Henry L. Bauer
March 22, 1982
Page 2
I would like to suggest that we meet at City Hall in the near future to con-
clude this matter. Administrative Assistant Joy Martin will be contacting
you to set a date and time.
As always, thank you for your continued cooperation in these matters.
Yours truly,
Robert Jean
City A inistrator
cv
cc: Mayor and City Council
Ed Sullivan, City Attorney
Library Board
Irene Ertell
Joy Martin
BAUER, MURPHY, WINFREE & SCHAUB PFr�:IVED jAIN, 2 9
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
HENRY L.BAUER 1105 COMMONWEALTH BUILDING TELEPHONE
EDWARD N.MURPHY 421 S.W.SIXTH AVENUE (503)223.6113
ANDREW H.WINFREE PORTLAND.OREGON 97204
WILLIAM D.SCHAUB OF COUNSEL
THADDEUS W.VENESS
January 27 , 1982
Mr. Bob Jean, City Administrator
City of Tigard
P. 0. Box 23397
Tigard, Oregon 97223
Dear Mr. Jean:
I am attorney for Mr. Otto Sorg, from whom the
City of Tigard leases a portion of the Lanson Building for
its use as a public library.
Last November 15, the taxes increased from $1,630.65
per year, to $4 ,698 .77.
Mr. Sorg advised you that based upon the square foot-
age occupied by the library, the rent would be increased $110
per month. A memo to Mr. Sorg from your accounting department
indicated that they would pay only $443.28 per month. A copy
of that memo is enclosed.
I see no reason why the property tax increase should
not take effect, as demanded by Mr. Sorg, and the City is
hereby notified that its rent is now $550 per month through
the end of June, 1982.
With respect to the new lease, the proposed rent is
entirely inadequate, even taking into account the possible tax
relief claimed by the City.
$440 per month amounts to less than $1 per square
foot per year, and even taking into account the taxes , would
increase my client's return to less than $1.40 per square foot.
We understand that rents for similar space in that area are
approximately $4 per square foot.
Accordingly, Mr. Sorg wishes to advise you that the
new lease should be $1,250 per month, instead of $440 per month,
Mr. Bob Jean
January 27, 1982
Page 2
and that he would be willing to execute the new lease on that
basis.
I would appreciate your prompt reply to both of the
above matters.
Yours very truly,
HLB:MTM
c.c. Mr. Otto Sorg
Encl
q.. T-11
TIGARD COMMUNITY YOUTH SERVICES
MONTHLY SERVICE REPORT
February 1982 RECEIVED MAIR 2 2 1982
1 . Number of Youth Referred This Month: 42 Re-referrals : 5
TOTAL: 47 Open cases 2/28: 81
Paul: 29
2. Living Status : Linda: 26
19 Both Parents 2 Father Debbi: 26
81
8 _Mother/Stepfather 1 Relatives
2 Father/Stepmother Unknown cancellations: 26
13 Mother 1 Independent
1 Other (Specify)
3. School Status:
37 Full-Time 1 Suspended Unknown
Part-Time —Expelled 1 Pre—school
5 Discontinued High School Grad.
1 Irregular Attendance 2 GED
{ 4. Sex: 26 Male 21 Female
5. Ethnicity:
47 White Native American Hispanic
Black Asian Other
6. Prior Court Contact: 16 Yes 31 No
7. Residence:
28 Tigard 13 Tualatin 6 Other
13 Incorporated 7 Unincorporated
R. Source of Referral :
16 School 14 Parent Self 3 Juvenile Department
1 CSD 7 Other Individual 6 Other Agency
Police
9. Reason for Referral :
-14 Family Problems Educational Assistance Activities/Recreation
1 School Problems 17 Employment Law Violation
11 Personal Problems 4 Drug/Alcohol Problems
MONTHLY REPORT
Page Two
r
10. Age:
8 Under 12 7 16
4 13 11 17
6 14 3 18
8 15 Over 18
11 . TCYS SERVICES PROVIDED THIS MONTH:
HOURS: NUMBER SERVED:
57 . 75 ( 1) Individual Counseling. . . . . . . . . . . . . . . . . . 64
(2) Group Counseling. . . . . . . . . . . . . . . . . . . . . . .
70. 25 (3) Family Counseling. . . . . . . . . . . . . . . . . . . . . . 158
1 (4) Educational Counseling. . . . . . . . . . . . . . . . . 2
45. 2 5 (5) Drug Counseling. . . . . . . . . . . . . . . . . . . . . . . . 32
7 (6) Alcohol Counseling. . . . . . . . . . . . . . . . . . . . . 5
--
16 . 25 (8) Needs Assessment. .. . . . . . . . . . . . . . . . . . . . . 36
SERVICES:
t`
106 (7) Employment Counseling. .. . . . . . . . . . . . . . . . 28
23 (9) Job Placement-Kids for Hire. . . . . . . . . . . . 2 3
19 (10) Job Placement- Permanent. . . . . . . . . . . . . . 19
4 (11 ) Job Readiness. . . . . . . . . . . . . . . . . . . . . . . . . 62
(12 ) Recreation. . . . . . . . . . . . . . . . . . . . . . . . . . . .
1 (13 ) Big Brother/Big Sister. . . . . . . . . . . . . . . . 1
(14 ) Support Services. . . . . . . . . . . . . . . . . . . . . .
22 (15 ) On-Going Follow-Up. . . . . . . . . . . . . . . . . . . . 22
(16 ) 3-Month Follow-Up. . . . . . . . . . . . . . . . . . . . .
(17 ) Tutoring/GED. . . . . . . . . . . . . . . . . . . . . . . . . .
(18 ) Transportation. . . . . . . . . . . . . . . . . . . . . . . . —
18 (19 ) Agency Coordination. . . . . . . . . . . . . . . . . . . . 18
(20 ) Parent Education. . . . . . . . . . . . . . . . . . . . . .
(21 ) Community Education. . . . . . . . . . . . . . . . . . .
Specify
6 (22) Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Job Orders Received:
Kids For Hire 23 18 Kids Applying for Work Permits
Permanent: 19 5 Kids Applying for Social Security
TOTAL: �Z
MONTHLY REPORT
Page Three
13. Volunteers : 12 Active This Month (includes BB/BS, parent trainers, tutoring)
100 Hours Donated (BB/BS hours=42)
14. Big Sister/Brother Program:
6 Matched Pairs 8 Kids Pending 1 Volunteers Pending
15. Information/Referral Contacts :
438 Total Contacts
23 Youth 69 Phone 58 Information
45 Adults 6 Person 9 Referrals 5 Other
223 Phone (Employment related)
16. Consultation Hours:
37 Program Consultation 18
5.25 Other Service Agencies
Non-Client Consultation
34 13.50 Training
Community Relations
6.25
Miscellaneous
i.. 17. Parent Education Program:
Pre-STEP # In Group # Sessions Service Units
STEP 12 3 36
Stress Management
Communication/Adolescent
Self-Esteem
Single Parents 15 4 60
Step Parents 12 4 48
Adolescent Sexuality
Workshops
St. Anthony's Divorce
Support Group
TOTALS: 39 11 144
Past recreational events: Children of parents taking classes:
1) Oct.; ice skating: 3 volunteers, 15 kids ages 5 & under: 17
2) Dec.; " " : 3 It , 15 kids 6-8
3) Feb.; Ladybug Theater: 2 volunteers,' 11 kid 9-12 9
18
Total number people contacts this month: 716 " 13-15 18
Total number year to date: 3210 16-18 2
Average per month: 401