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City Council Packet - 11/15/1982 =050 o.�0 "' TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an SPECIAL MEETING AGENDA agenda item needs to sign their name on the NOVEMBER 15, 1982, 7:30 P.M. appropriate sign-up she-at(s) . If no Ghost is FOWLER JUNIOR HIGH SCHOOL provided, ask to be recognized by the Chair. LECTURE ROOM 1. SPECIAL METING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff, Council & Audience 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. Notion to: 2.1 APPROVE MINUTES - October 11, 18, 25, 27, 1982 2.2 Approve the Expenditures and Investments: $ 1,308,219.19 2.3 Receive and File Transmittals: o Tax Increment Election, Report o Reclassification Study Findings, Report o TOYS August-September, 1982, Monthly ;,.Qport o Washington County Community Action Organization Report 2.4 Receive and File Department&! Monthly Reports and Update 2.5 Approve OLCC Application - Stein & Burger, 11688 S.W. Pacific Hwy. , Tigard, Oregon 97223 (old Burger Boy Restaurant) ( 2.6 Canvass Vote - 11/2/82 General Election 2.7 Authorize 3 Year Lease Agreement - Photocopier 2.8 Approve Resolution No. 82-125 Confirming NPO #5 Appointments 2.9 Appointment of Charles Gutweniger to Park Board/Mayor's Recommendation 2.10 Approve Resolution No. 82-126 Accepting Public Improvements Constructed within Copper Creek Subdivision 2.11 Approve Resolution No. 82-127 Accarting Public Improvements Constructed within Shilo Subdivision 2.12 Approve Resolution No. 82-128 Accepting Public Sanitary Sewer Improvements (Gevurtz Sanitary Sewer Extension) Constructed within SW Bonita Road 2.13 Approve Cambridge Square Subdivision Compliance Agreement and Authorize Appropriate Signatures. 2.14 Approve Resolution No.82-129 Authorizing Signature of Traffic Signal Agreement for JB Bishop Property/Bain Street/Pacific Hwy. 2.15 Approve Resolution No.82- 24 Requesting Time Extension For Water Contract With City of Portland. 3. LIABILITY INSURANCE RENEWAL AND DISCUSSION, NOTION TO APPROVE o City Recorder RECESS SPECIAL COUNCIL MEETING 4. TURA MEETING ( o Call To Order & Roll Call o Receive and File Report 0 other Business o Adjournment RECONVENE SPECIAL COUNCIL MEETING COUNCIL AGENDA - NOVEMBER 15, 1982 rs o raa a a:a va seas r sm Al� _ 5. ORDINANCE NO. 82- ORDINANCE REGARDING FIRE CODE AMENDMENT FOR WASHINGTON COUNTY FIRE DISTRICT #1 o Director of Planning and Development 6. ORDINANCE NO. 82- ORDINANCE AMENDING DOG CONTROL ORDINANCE o Chief of Police 7. ORDINANCE NO. 82- ORDINANCE LICENSING AND REGULATING ANTIQUE AND PRECIOUS METAL DEALERS o Chief of Police PUBLIC HEARING PORTION OF MEETING 8. APPEAL-ZONE CHANGE ZC 12-82 &SUNNYSIDE ESTATES NPO #6 An appeal by the Robert Randall Company of the Planning Commission's decision of denial for a zone change from R-7 to R-5 and a 25 lot subdivision located at 15280 SW 100th Avenue (Wash. Co. Tax D:ap 2S1 11CA Lot 900). The matter is to be reviewed by Council pursuant to Tigard Municipal Code Section 18.84.250(b)(1). This matter is to be heard pursuant to Section 18.84.290(b) and the review will be confined to the record of the proceedings. No new evidence or arguments will be allowed. - However, parties are invited to submit written arguments only pursuant to Section 18.84.290(b). Such arguments shall be submitted to the City Recorder not less than five (5) days prior to Council consideration. During Council consideration, Council may pose questions to staff and parties on policy issues. o Public Hearing Opened o Staff Report and Summary of Planning Commission Proceedings by Director of Planning and Development 0 Argument: Appellants, Respondents, Appellants Rebuttal o Public Hearing Closed o Council Consideration and Action 9. APPEAL-SENSITIVE LANDS PERMIT M 2-82 JADCO CHEMICAL NPO #5 An appeal by John Duncan of the Hearings Officer's denial of a sensitive lands permit request to excavate and fill within the 100 year floodplain at 16055 SW 74th Avenue (Wash. Co. Tax Map 2S1 13Alot 1500). The matter ids to be reviewed by Council pursuant to Tigard Municipal Code Section 18.84.250(b)(1). This matter is to be heard pursuant to Section 18.84.290(b) and the review will be confined to the record of the proceedings. No new evidence or arguments will be allowed. However, parties are invited to submit written arguments only pursuant to Section 18.84.290(b). Such arguments shall be submitted to the City Recorder not less than five (5) days prior to Council consideration. During Council consideration, Council may pose questions to staff and parties on policy issues. o Public Hearing Opened o Staff Report and Summary of Hearing Officer Processings by o Director of Planning and Development PAGE 2 - COUNCIL AGENDA - NOVEMBER 15, 1982 o Argument: Appellants, Respondents, Appellants Rebuttal o Public Hearing Closed o Council Consideration and Action 10. COMPREHENSIVE PLAN REVISION CPR 4-82 JB BISHOP NPO #1 A review by City Council pursuant to TMC Section 18.84.050(b)(2) of Planning Commission's approval of a request by JB Bishop for a Comprehensive Plan Revision from Commercial Professional to General Commercial on Tax Map 2S1 2CC, Tax Lots 100, 801 & 900 and a Comprehensive Plan Revision from Commercial Professional/General Commercial to General Commercial on Tax Map 2S1 2CC, Tax Lots 200 & 500. Property is located on the east side of Pacific Highway approximately 1000 feet south of Garrett Street. o Public Hearing Opened o Staff Report and Summary of Planning Commission Proceedings by Director of Planning and Development o Public Testimony: Proponents, Opponents, Cross Examination o Public Hearing Closed o Council Consideration and Action PUBLIC HEARING PORTION OF MEETING CONCLUDED 11. WINSOME TERRACE AND HOUSING AUTHORITY PROJECT DISCUSSION o Director of Planning and Development 12. QUESTIONNAIRE & TAX INCREMENT FINANCE POLL DISCUSSION o Administrative Assistant Martin 13. 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. 14. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660 (1)(d) and (1)(e) to discuss labor relations and acquisition of real property. 15. ADJOURNMENT PAGE 3 - COUNCIL AGENDA - NOVEMBER 15, 1982 T I G A R D C I T Y C 0 U N C I L a REGULAR MEETING MINUTES - NOVEMBER 15, 1982 - 7:30 P.M. 1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilors Tom Brian, John Cook, Nancie Stimler, and Kenneth Scheckla; Director of Public Works, Frank Currie; Finance Director/City Recorder, Doris Hartig; City Administrator, Bob Jean; Director of Planning & Development, William Monahan; Legal Counsel, Ed Sullivan; Office Manager, Loreen Wilson. 2. CALL TO STAFF, COUNCIL & AUDIENCE FOR NON-AGENDA ITEMS UNDER OPEN AGENDA (a) City Administrator requested that canvass of votes from the 11-2-82 election be pulled from the agenda and the following items be added to open agenda: .1 Discussion of Council Retreat .2 Mawhirter Permit of Entry .3 Receive and File Communications .4 2 Parking Ordinances .5 Resolution for 72nd Avenue Condemnation .6 Mrs. Ball Discussion .7 Mr. Mike Marr Discussion (b) Bruce Clark, Chairman of the Water Study Committee, requested Council approve the resolution on consent agenda to ask the City of Portland for an extension to the Water Contract. He also requested Council consider allowing Nancie Stimler to continue serving on the Study Committee after January 1, 1983 if the study is still underway. Council stated they would approve the resolution and would act on the term of office for Nancie Stimler closer to the end of December. 3. APPROVE MINUTES - October 11, 18, 25, & 27, 1982 (a) Motion by Councilor Brian, seconded by Councilor Scheckla to approve. Approved by unanimous vote of Council. 4. APPROVE THE EXPENDITURES AND INVESTMENTS: $1,308,219.19 (a) Motion by Councilor Brian, seconded by Councilor Scheckla to approve. Approved by unanimous vote of Council. 5. RECEIVE AND FILE TRANSMITTALS: o Tax Increment Election Report o Reclassification Study Findings Report o TCYS August-September 1982 Monthly Report o Washington County Community Action Organization Report (a) Motion by Councilor Brian, seconded by Councilor Scheckla to receive and file. i Approved by unanimous vote of Council. COUNCIL MINUTES - NOVEMBER 15, 1982 6. RECEIVE AND FILE DEPARTMENTAL MONTHLY REPORTS AND UPDATE (a) Motion by Councilor Brian, seconded by Councilor Scheckla to receive and file. Approved by unanimous vote of Council. 7. APPROVE OLCC APPLICATION - Stein & Burger, 11688 SW Pacific Hwy. Tigard. (Formerly Burger Boy Restaurant) (a) Motion by Councilor Brian, seconded by Councilor Scheckla to approve with attached conditions. 1. That all sales of beer and wine shall be consumed on premises. 2. That no package sales be authorized. 3. That the consumption of beer or wine shall be incidental to the service of meals. Approved by unanimous vote of Council. 8. AUTHORIZE 3 YEAR LEASE AGREEMENT - PHOTOCOPIER (a) Motion by Councilor Brian, seconded by Councilor Sdheckla to authorize lease agreement. Approved by unanimous vote of Council. 9. RESOLUTION NO. 82-125 A RESOLUTION OF THE TIGARD CITY COUNCIL RECOGNIZING THE COMPOSITION OF NEIGHBORHOOD PLANNING ORGANIZATION #5. (a) Motion by Councilor Brian, seconded by Councilor Scheckla to approve. Approved by unanimous vote of Council. 10. RESOLUTION NO. 82-130 A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING APPOINTMENT TO THE TIGARD PARK BOARD. i (a) Motion by Councilor Brian, seconded by Councilor Scheckla to approve f appointment of Charles Gutweniger. i Approved by unanimous vote of Council. 1 11. RESOLUTION NO. 82-126 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE j PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN COPPER CREEK t SUBDIVISION. i (a) Motion by Councilor Brian, seconded by Councilor Scheckla to approve. f Approved by unanimous vote of Council. i 12. RESOLUTION NO. 82-127 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN SHILO i SUBDIVISION. (a) Motion by Councilor Brian, seconded by Councilor Scheckla to approve. f Approved by unanimous vote of Council. PAGE 2 - COUNCIL MINUTES - NOVEMBER 15, 1982 j 13. RESOLUTION NO. 82-128 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC SANITARY SEWER IMPROVEMENTS, KNOWN AS THE GEVURTZ SANITARY SEWER EXTENSION, CONSTRUCTED WITHIN SW BONITA ROAD. (a) Motion by Councilor Brian, seconded by Councilor Scheckla to approve. Approved by unanimous vote of Council. 14. APPROVE CAMBRIDGE SQUARE SUBDIVISION COMPLIANCE AGREEMENT AND AUTHORIZE APPROPRIATE SIGNATURES. (a) Motion by Councilor Brian, seconded by Councilor Scheckla to approve and authorize signatures. Approved by unanimous vote of Council. 15. RESOLUTION NO. 82-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD, OREGON, AUTHORIZING THE MAYOR AND CITY RECORDER TO EXECUTE A PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCE AGREEMENT WITH THE STATE OF OREGON. (a) Motion by Councilor Brian, seconded by Councilor Scheckla to pull from consent agenda. Approved by unanimous vote of Council. 16. RESOLUTION NO. 82-124 A RESOLUTION REQUESTING A TIME EXTENSION OF THE CITY OF PORTLAND FROM THE DECEMBER 25, 1982 WATER CONTRACT DEADLINE. (a) Motion by Councilor Brian, seconded by Councilor Scheckla to approve. Approved by unanimous vote of Council. 17. WAIVER FOR PERMIT FEE - HIGH SCHOOL (a) Motion by Councilor Brian, seconded by Councilor Scheckla to waive fees for permits for High School Home Construction Class. Approved by unanimous vote of Council. 18. COOPERS 6 LYBRAND AUDIT CONTRACT (a) Motion by Councilor Brian, seconded by Councilor Scheckla to authorize contract for 1982-83 audit for $13,500 which will include all services necessary for filing for the MFOA Certificate of Conformance Award. Approved by unanimous vote of Council. 19. RESOLUTION NO. 82-129 A RESOLUTION OF THE TIGARD CITY COUNCIL OF THE CITY OF TIGARD, OREGON, AUTHORIZING THE MAYOR AND CITY RECORDER TO EXECUTE A PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCE AGREEMENT WITH THE STATE OF OREGON. PAGE 3 - COUNCIL MINUTES - NOVEMBER 15, 1982 e[®i IIAW (a) Mayor Bishop stated that though a relative of his was the developer in this matter, he did not have any conflict of interest per Oregon Ethics Law. (b) Mr. Rob Ball, 1 SW Main, stated he was representing JB Bishop and requested Council defer action on this issue until Mr. Bishop can work out some contract language problems with the State of Oregon. Mr. Ball also requested Council direct City's Legal Counsel to approve the final language. (c) Motion by Councilor Scheckla, seconded by Councilor Brian to direct Legal Counsel to work with JB Bishop and Mr. Ball in finalizing the contract language before 12/13/82. Approved by unanimous vote of Council. 20.LIABILITY INSURANCE RENEWAL AND DISCUSSION, MOTION TO APPROVE (a) Brian Dooney, Agent of Recorder for Leonard Adams, presented the bid results for Liability Insurance Renewal. The two low bids were: League of Oregon Cities $21,163.61 Gulf Insurance Company $17,980.00 (b) Mr. Charles deGreef, Gulf Insurance Representative, answered questions posed by staff and Council regarding anti trust laws and public officials liability insurance. (c) City Administrator stated that staff recommends awarding the bid to Gulf Insurance Company. (d) Motion by Councilor Brian, seconded by Councilor Stimler to accept the quotation and award the bid to Gulf Insurance Company. Approved by unanimous vote of Council. RECESS REGULAR COUNCIL MEETING: 8:04 P.M. 21. TURA MEETING (a) ROLL CALL: Present: Agency Members Wilbur Bishop, Tom Brian, John Cook, Nancie Stimler, and Kenneth Scheckla; Director of Public Works, Frank Currie; Finance Director/City Recorder, Doris Hartig; City Administrator, Bob Jean; Director of Planning & Development, William Monahan; Legal Counsel, Ed Sullivan; Office Manager, Loreen Wilson. (b) Motion by Agency Member Brian, seconded by Agency Member Scheckla to receive and file report. Approved by unanimous vote of Agency Members present. (c) City Administrator requested Agency consider replacement of Ima Scott on the TURA Board since she will become a Councilor/Agency Member as of 1-1-83. (d) ADJOURNMENT OF TURA MEETING: 8:06 P.M. RECONVENE REGULAR COUNCIL MEETING: 8:06 P.M. PAGE 4 - COUNCIL MEETING - NOVEMBER 15, 1982 3 22. ORDINANCE NO. 82-74 AN ORDINANCE ADOPTING AMENDMENTS TO THE WASHINGTON COUNTY RURAL FIRE PROTECTION DISTRICT N0. 1 FIRE PREVENTION ORDINANCE TO BE EFFECTIVE IN CERTAIN PARTS OF THE CITY OF TIGARD, OREGON, AND DECLARING AN EMERGENCY. (a) Motion by Councilor Cook, seconded by Councilor Brian to adopt. Approved by unanimous vote of Council. 23. ORDINANCE NO. 82- ORDINANCE AMENDING DOG CONTROL ORDINANCE (a) Consensus of Council was to remove from agenda at staff request. 24. ORDINANCE NO. 82- ORDINANCE LICENSING AND REGULATING ANTIQUE & PRECIOUS METAL DEALERS (a) Consensus of Council was to remove from agenda at staff request. k 25. APPEAL - ZONE CHANGE ZC 12-82 & SUBDIVISION S 4-82 SUNNYSIDE ESTATES NPO #6 f An appeal by the Robert Randall Company of the Planning Commission's decision of denial for a zone change from R-7 to R-5 and a 25 lot subdivision located at 15280 SW 100th Avenue (Wash. Co. Tax Map 2S1 11CA, Lot 900). The matter is to be reviewed by Council pursuant to Tigard Municipal Code Section 18.84.250(b)(1) . This matter is to be heard pursuant to Section 18.84.290(b) and the review will be confined to the record of the proceedings. No new evidence or arguments will be allowed. However, parties are invited to submit written arguments only pursuant to Section 18.84.290(b). Such arguments shall be submitted to the City Recorder not less than five (5) days prior to Council consideration. During Council consideration, Council may pose questions to staff and parties on policy issues. (a) City Council chose not to hear or consider any further public testimony. (b) Director of Planning and Development gave synopsis of issue and noted the following reasons for staff recommendation of denial at the Planning Commission hearing. o The proposal violates policy 2 of the adopted NPO #6 Plan. o The proposal is not compatible with existing surrounding land uses. (c) After discussion by Council, Councilor Brian moved to deny the appeal based on staff recommendation, Planning Commission hearing and Legal Counsel findings. Motion seconded by Councilor Cook. Approved by unanimous vote of Council. �. t (d) Consensus of Council to direct staff to prepare a final order and f return for adoption. i PAGE 5 - COUNCIL MINUTES - NOVEMBER 15, 1982 t 26. APPEAL-SENSITIVE LANDS PERMIT M 2-82 JADCO CHEMICAL NPO #5 An appeal by John Duncan of the Hearings Officer's denial of a sensitive lands permit request to excavate and fill within the 100 year floodplain at 16055 SW 74th Avenue (Wash. Co. Tax Map 2S1 13A Lot 1500). The matter is to be reviewed by Council pursuant to Tigard Municipal Code Section 18.84.250(b)(1) . This matter is to be heard pursuant to Section 18.84.290(b) and the review will be confined to the record of the proceedings. No new evidence or arguments will be allowed. However, parties are invited to submit written arguments only pursuant to Section 18.84.290(b). Such arguments shall be submitted to the City Recorder not less than five (5) days prior to Council consideration. During Council consideration, Council may pose questions to staff and parties on policy issues. (a) Legal Counsel advised Council that the applicant has c�7,iested the issue be set over until after the Comp Plan adoption. 18.84.310 would allow this if all parties involved give their cons;_ (b) No one at the meeting objected to the set over of the matter. (c) Motion by Councilor Cook, seconded by Councilor Brian to hear this on January 24, 1983. Approved by unanimous vote of Council. 27. COMPREHENSIVE PLAN REVISION CPR 4-82 JB BISHOP NPO #1 A review by City Council pursuant to TMC Section 18.84.050(b)(2) of Planning Commission's approval of a request by JB Bishop for a Comprehensive Plan Revision from Commercial Professional to General Commercial on Tax Map 2S1 2CC, Tax Lots 100, 801, & 900 and a Comprehensive Plan Revision from Commercial Professional/General Commercial to General Commercial on Tax Map 2S1 2CC, Tax Lots 200 & 500. Property is located on the east side of Pacific Highway approximately 1000 feet south of Garrett Street. (a) Public Hearing Opened (b) Director of Planning and Development advised the Council of the Planning Commission action, presented a petition filed by the residential property owners in the area, and set out the conditions attached at the Commission hearing to the project as follows: 1. The improvements to SW Pacific Highway and the access points from the site to SW Pacific Highway shall be approved by ODOT prior to issuance of building permits. The ODOT approval shall be in writing and shall be accompanied by a plan. 2. A maintenance agreement and plan for the frontage road and island shall be submitted with the application for Site Design Review. 3. The applicant shall apply for Site Design Review. The Site Design Review application shall include elevation sketches showing proposed screening from abutting residential neighborhoods and a letter outlining the disposition of the existing right-of-way which the state intends to dedicate to the property owner. PAGE 6 - COUNCIL MINUTES - NOVEMBER 15, 1982 (c) Public Testimony: Proponents: o Robb Ball, 1 SW Main - Portland, represented the developer and stated that the developer is willing to work out details with residential property owners abutting the property and addressed the concerns they raised in the petition. o JB Bishop, Suite 303 - 10505 SW Barbur - Portland, requested the following change be made to condition #1. (underlining indicates new language.) 0 1. The design and configuration of improvements to SW Pacific Highway and the access points from the site to SW Pacific Highway shall be approved by ODOT prior to issuance of building permits. The ODOT approval shall be in writing and shall be accompanied by a plan. Opponents: o Carolyn Eadon, 13645 SW Steven Court, appeared and spoke regarding residential citizens concerns regarding the development proposal. She also presented a petition to the Council from the neighbors in the area addressing concerns regarding site and noise pollution. o Shirley Tuttle, 13495 SW Cresmer Drive, noted her concern with the decreased value of property which will occur from the development. o Marta Frank, 13595 SW Cresmer Drive, expressed her concern regarding the fence and berm being in place before the development begins. Cross Examination: o Robb Ball presented some concluding remarks and stressed that the developer wanted to work with the residents in the area. (d) Director of Planning and Development presented the Planning Commission findings and noted their recommendation of approval. (e) Public Hearing Closed (f) Motion by Councilor Stimler, seconded by Councilor CGok to approve the decision of the Planning Commission with the following conditions added. 4. That the developer, at Site Design Review, should be compelled to address issues of the buffer zone and fence, and that these should be in place before construction begins. 5. No cutting shall occur in the 20 foot buffer zone before site design review approval. 6. Notice of Site Design Review shall be given to NPO #1 and all { parties appearing to testify at the Planning Commission and City Council hearings. Approved by 4-1 majority vote of Council, Councilor Scheckla voting nay. PAG'.% 7 - COUNCIL MINUTES - NOVEMBER 152 1982 z RECESS: 9:54 P.M. RECONVENE: 10:09 P.M. 28. WINSOME TERRACE AND HOUSING AUTHORITY PROJECT DISCUSSION (a) Director of Planning and Development stated the Housing Authority Board states that the placement of four homes in the Winsome Terrace Subdivision is not, in their estimation, a violation of policy. He requested Council direction in the matter. (b) Consensus of Council was to direct staff to continue to pursue a satisfactory end and consider denying building permits for the parcels. 29. QUESTIONNAIRE AND TAX INCREMENT FINANCE POLL DISCUSSION (a) City Administrator discussed the format and mailing of the questionnaire. After consideration by Council, consensus was to have Council comment to Administrator by Friday morning. Staff will return 11-22-82 with final draft for Council approval. 30. 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. 13.1 DISCUSSION OF COUNCIL RETREAT (a) City Administrator and Council discussed possible dates for the Council retreat. After lengthy consideration, Council requested time to check their calendars. Administrator stated this would be considered at the 11-22-82 meeting. 13.2 MAWHIRTER, ETC. PERMITS OF ENTRY AND STREET DEDICATIONS (a) Director of Public Works requested the following documents be approved by Council for recording and approve payments as listed for the acquisition of property: Right of Entry - Arlie Mawhirter - $5,400 Street Dedication - Paul Deemie - $2,702 Permanent Roadway Easement - Paul Deemie - $12260.70 Street Dedication - Lionel Domreis - $32900 Street Dedication - Martin Hunter - $1,258.65 (b) Motion by Councilor Stimler, seconded by Councilor Scheckla to accept all documents, authorize appropriate signatures and approve payments In the amounts listed. Approved by unanimous vote of Council. 13.3 RECEIVE AND FILE COMMUNICATIONS ( (a) City Administrator distributed various materials for Council review. PAGE 8 - COUNCIL MINUTES - NOVEMBER 15, 1982 13.4 ORDINANCE NO. 82-75 AN ORDINANCE AMENDING CHAPTER 10.28, OF g" THE TIGARD MUNICIPAL CODE BY AMENDING ITEM "C" OF SUBSECTION "1" OF SECTION 10.28.090, TO LIMIT PARKING ON A PORTION OF SW WALNUT PLACE AND FIXING AN EFFECTIVE DATE. (a) Motion by Councilor Cook, seconded by Councilor Stimler to adopt. Approved by unanimous vote of Council. 13.5 ORDINANCE NO. 82-76 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 10.28, OF THE TIGARD MUNICIPAL CODE BY ADDING TO SECTION 10.28.130 TO PROHIBIT PARKING ON SW WALNUT PLACE, DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. (a) Motion by Councilor Stimler, seconded by Councilor Cook to adopt. Approved by unanimous vote of Council. 13.6 RESOLUTION NO. 82-131 A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR ACQUISITION OF A CERTAIN RIGHT-OF-T,4AY FOR THE 72ND AVENUE AREA LOCAL IMPROVEMENT DISTRICT, DIRECTING AN ATTEMPT TO AGREE WITH THE (� OWNERS AS TO COMPENSATION THEREFORE, AND AUTHORIZING CONDEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHT-OF-WAY. (a) Motion. by Councilor Cook, seconded by Councilor Scheckla to approve. Approved by unanimous vote of Council. 13.7 MRS. BALL DISCUSSION (a) Mrs. Geraldine Ball, 11515 SW Greenburg Road, questioned the zoning of her property and whether it was being considered for de-annexation. (b) City Administrator stated he would direct staff to research the files at City Hall and respond in writing to Mrs. Ball within the week. 13.8 OLCC - MIKE MARR (a) Mike Marr, 14405 SW 87th Court, requested more information on OLCC application status for the Durham and Hall location for Plaid Pantry. (b) Consensus of Council was to follow through on the issue of requesting OLCC not favorably consider that location in the City. City Administrator stated he would study the issues and report back to Council at the 11-22-82 meeting. PAGE 9 - COUNCIL MINUTES - NOVEMBER 152 1982 14. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660(1)(d) and (1)(e) to discuss labor relations and acquisition of real property. 15. ADJOURNMENT: 11:40 P.M. i mzc c� tip• City Recorder - City of Tig ATTEST: Mayor - City of Tigard PAGE 10 - COUNCIL MINUTES - NOVEMBER 15, 1982 Ip Wa%-C 11/15/82 I wish to testify before the Tigard City Council on the following item: (Please print your name) Item Description: 10. COMPREHENSIVE PLAN REVISION 'CPR 4-82 JB BISHOP NPO #1 iponent (for) Opponent (against) ie, Address and Affiliation Name, Address and Affiliation 2 t R t 11/15/82 I wish to testify before the Tigard City Council on the following itea:: (Please print your name) Item Description: _APPEAL-ZONE CHANGE ZC 12-82 & ,. SUBDIVISION S 4-82 SUNNYSIDE ::TATES NPO #6 f -jpoaent (for) Opponent (against) E f ae, Address and Affiliation Name, Address and Affiliation 3 z `r i t 11/15/82 I wish to testify before the Tigard City Council on the following item: (Please print your name) Item Description: 9. APPEAL-SENSITIVE LANDS PERMIT M 2-82 JADCO CHEMICAL NPO #5 iponent (for) Opponent (against) le, Address and Affiliation Name, Address and Affiliation ��"�+ -j J•Gv ��PCZ., � ` ��� .�'.tL ��= A . ... - .'K-3':f!Y(. .y. y. ....eyfiifW�ij✓.i ........_ ♦....,... w.r ._.. . ...n .. _ .. ..f..... w - .ta-Zi',... "aq?.=r'fiCY., .P.'. Date 11/15/82 I wish to testify before the Tigard City council on the following item: (Please print your name) 1.3 Call To Staff, Council & Audience for Non-Agenda Items Under Open Agenda .Jame, Address & Affiliation Item Description GQ,T-a ���� n // ',� ( ✓ i /-ui ��z, i• 'T�-- cAA I r . i 2UIVNNOI1S2n0 GNV 'I`IOd GUVOIZ 30 F.ZIO `IKIOI330 ruliev'I S,H210A '92H 421tJ.�II-g0'Ul) �r Dear Tigard Citizen: i, i 4 i I Your, CITY OF TIGARD t f � Thank you for your cooperation. Results of the poll will be reported in the Tigard Times. Results from the questionnaire will be available at City Hall and will be used by the departments in preparing their budgets. If you wish to volunteer for a City advisory committee, applications are at City Hall. Notices for meetings are in the Tigard Times and are posted at City Hall. Any questions, please call. If you have additional comments which will help us in using this questionnaire, please list below. i PLEASE FOLD so City address shows, staple or tape, and mail. (Permit Mail City of TIGARD 12755 S.W. Ash P.O. Box 23397 Tigard, Oregon 97223 OFFICIAL POLL and QUESTIONNAIRE -- 7 As the City grows larger facilities are often necessary and s v 1. Gentler I I Female I 1 Male often increased. Below are some possible new services or plans: ?. Check Your correct age group for Your Cityfe 'pe n'c Check whether you "will Support', 'heti! Not Support", o 1 116 J1-40 1151-60 Know' if you feel this is a needed service or facility.[ 11 31-JO 1 1 41-50 I I over 60 tt ,hQy�` IoM a� O'� J, The s c s of many pro Jecis depend upon c i s knowing about neve[ end underste ntl many the issue where do your get n[o mammon aW eat I 1 I 1 1 I A aper Bal levyra,Cot a and larger building for decisions ec aif ec Ing Tigard? Check how often you use the [oliowi n9 1 1 I I 1 I Expand tuser bfees Cor park use to help finance the sourcesofinformation. park programs. I I I I 11 Allow some development along the flood plain edges 6Fs if done to health and sa[ety s nndards since this should improve land values, create opportunities Ot e^ 5°�yi ite4 for mot Jobs and lower es. Attract em a businesses todowntownTigard s I 1 1 1 I I ntteno City Cou ncll Meetings this will.improve land values downtown end a ane 1 1 ( 1 1 I Attend City Advisory Committee Meetings tually decrease the tax rotes for the ent•— City. Pead the Tigard Times I I I I 1 I Fo cm a pack end [ rection program with '.her ( 1 1 1 I I Pead the Oregon s.r- and ing a,—,,,tie, to be funded by use fees I I ( 1 ( I Read the City Newsletter, All About Town and . epee lel levy. I I 1 1 1 1 Talk to someone at City Hell I I 1 1 1 1 Municipal Court to charge a set fee for cases I 1 I I ( 1 Talk to friends of people tail to appear e[ the scheduled time. 4. In what ways are you volved i the CAL 'a decision melting I I 1 I I 1 City Poli.¢ cake reports for lase seta... criminal process? Check how often you are involved in the following weye. activities by phone. `0w Pr ticipate at City Council Meet'n9s ( 1 ( 1 1 I Tee lk o the Mayo[ and/or City Council 11 1 1 11 Talk o e to people at City Hall 1 1 1 1 1 1 Votei n City elections 1 1 1 1 I I .,it. letters to newspaper editors n n �- The poli - e ails about title nis that olve I'm need1n� I'm a1 'nv t'Sat ion Some le thatr ocher than the po laic Would resPontl h­ ,,,, e sae _ no ' e or o agencies e __.. lice should respond to C rY call S,. Currently City Nall is looking aC ways to[educe costs, either by calls. Others say Choi is na re. Improving the atlminiatra Clva sy atoms or by radue ing Ina leve le of received, regardless f rudisagree t..at the police should rvice. Helw i a t1:t of Currant services. Check whether you Check how strong lY You agree o Chock whether yousfeeI Che level of service should be 'Me a-, is De respond ble. 'OK Now', should to -Red-uced-, or 'Don't Knw'• es ea`ta�t -,lpta y�d' abs S`�t'a ee O�w Sia _ O' Qe O°e _...__.__. _.. -.. I I I I I I I Towing nw,.y abandoned vehicles I City Hall is open to the public 40 hours a week. I I I I I I 1 1 Srlrnt trig a barking dog 1 1 I I I I I I The City Library is open to the public 48 h.^urs I I I I I I I I Invest rgatr nq a mal bites ek. I I I I I I I in rya my nfalse fire alarm 1 1 ( 1 1 1 1 1 The City Library purchase novels and other popular I I 1 1 I I I I Inirrvenrnq ' a family argument materials. I I I 11 I I Pet earning fund pr.per ty I I 1 1 { 1 1 1 The City Library purchase non-fiction and reference 1 1 I I I I 1 1 Ardrny lost persons latariela. I I I I 1 1 11 Srlencrny loud rear.a elcvrsron I I I 1 1 1 1 1 The Cit Library purchase ma9azlneS end n mos pa pets. I I I I I I Tr.'c my :.ray pais o other a mals 1 I I I ( ) ( I The City Libary have Story times and.the[ I I I I I 1 1 I Army persons luc kedr. of 'herr house children s programs. I I I 11 1 I Ardrny Brix ear nJu reed persons? j- Currently the City does not allow door-to-door solicitation of sales unless invited by the resident. This is difficult and expensive to enforce. (., As part of the effort to reduce costs, City Hall 1. looking ac Check whether you do or do not support the (urrent ordinance. the Poe bility of reducing or 4lislnoting some ..rvice.. Belw is • list Of auto Se[vices. Cheek whether you feel the level yes 1 I No change• door-to-door talo: allowed only if of earvlee should be 'Mote'. 'OK N--'. 'Reduce', or 'Llisinaie'. invited by the re eident. it en No I I Allow door-to-door sales, letting each c decide for themselves. .— f 1 1 1 1 I I.1 City Poll— do lnvesti9atione, Such as for drug a. and for other serious erise!•ra¢!o of the-n.s�b+r- City Police to keep the areaofficer. of population per .win police 1 I ( 1 1 I I 1 City Police to keeP the ease level for traffic Control. 1 1 1 1 ( 1 1 1 City Police to use volunteers !n N1e9hborhood Crime Watch Programs. l I ( J l 1 1 I Municipal court to [eachedule.ases if people fail to appear at the scheduled tile. -i I I I l l f ) 1 1 tuintensnce attCookeaPearkon[the balli[ia ld. andinq. 1 1 1 1 1 1 1 1 ° picnic areas. 1a areas. l 1 1 1 1 ) f l Maintenance f greenways and greenway pi 1 1 1 1 1 1 ! 1 Mintenarice of-rile9hbothood pant., lneltidinq Jack at., Woodi3 Park, and Suamarlake Park. 11 I 1 1 1 1 1 Street eleanlnq by city Cr._. 1 1 1 ! 1 1 ! 1 Street 3i9ht1r'q along main[mods. 1 1 1 1 ( 1 ( ] Street lighting in 1L"hborhobd9- siBllsfsQsispSSBssssstBss Bolls O lost moon is as on ItsBs}■tisstifi>miiiss11f7i}n1I[llstnsst USING TAX IHCRFI4ENT FINANCING FOR DOWNTOWN TIGARD URBAN RENEWAL SHOULD TAX INCRM4ENT FUNDS BE USED FOR THE DOWNTO"N RENEWAL DISTRICT? EXPLANATION The goal of the Downtown Renewal Plan is to foster economic growth Hark a cross 1x1 or a check [�1 inside the in the area. a increment funds are raiaed from increases in the square to indicate your choice. value of private property in the area from the base year o£ 1581. These monies mould be used to fund projects in the Downtown Renewal Yes 13 I vote in favor of the City using District. The aim of this vote 1s to get advice on the funding of No ( 1 IavotecagainstMnt financing.City using tax such projects. incres'ent financing. PAYMENT OF BILLS FOR COUNCIL APPROVAL October 31 , 1982 PROGRAM BUDGET , Community Services Police 21 ,237 .46 Finance & Records 4,682. 12 Municipal Court 371 .56 Library 2,544.98 Social Services Total Community Services 28,836. 12 Community Development Public Works 15,776. 12 Planning & Development 3, 144.52 Total Community Development 18,920.64 Policy & Administration Mayor & Council 416.74 Administration 2,082. 15 Total Policy & Administration 2,498.89 City Wide Support Functions Non—departmental 2,735.65 t Misc. Accounts (refunds & payroll deductions, etc.) 37,212.79 Investments 600,000.00 i DEBT SERVICE { s General Obligation Bond Bancroft Bond & LID Expenses 618,015. 10 UNIFIED SEWERAGE AGENCY Contract ALL OTHER EXPENDITURES Civic Center Project TOTAL AMOUNT OF CHECKS WRITTEN 1 ,308.219. 19 November 5, 1982 113 MEMORANDUM TO: Mayor and Council FROM: Finance Director/City Recorder, Doris Hartig SUBJECT: Election Process Report Due to the recent staff error in failing to file the Tax Increment Ballot Question with the Elections Department at Washington County, staff has been developing a written standard operating procedure for election issues so as to decrease the possibility of errors in the process. As you know, the error was made because two staff members thought the other was filing the ballot question and with the heavy workload of LIDs, audits, other election issues, late filing of taxes, certificate of conformance, three bond sales and the ongoing daily work, staff did not double check the system. To eliminate the possibility of error in the future, staff is setting up a written standard operating procedure that will include a system of checks and balances. In the Finance and Records Department, a Clerk III has been given the responsibility to prepare the ballot filing papers and public notice requirements for elections and then to follow through the schedule of the election process. This employee will report directly to the Office Manager/Deputy City Recorder who is well versed in election requirements by the State and will double check the process, filing deadlines, advertising and posting steps to be taken. The Office Manager/Deputy City Recorder will file an election schedule with progress reports being submitted checking off compliance or completion of each step of the process with the Finance Director/City Recorder, and a copy will go to the City Administrator as well. Y It is our belief that this 'double check' system will eliminate any future problems with elections. If you have any comments or concerns regarding this issue, please feel free to call the office. COUNCIL ACTION NEEDED: This item is placed on the Consent Agenda for a motion to receive and file by the Council. lw i WASHINGTON COUNTY,OREGON October 21, 1982 3 i a f i Clerical Job Audit have been completed. The At long last, the results of the Cle g results of the reclassification study were based on an analysis of the description [ of prioritized job duties and the time audit you completed, matched with an eval- uation of the job duties and responsibilities set forth in the Clerk Typist I, II, and III series. fi The Clerk I specifications include: o Performing recurring duties without supervision, utilizing clearly Y. outlined procedures. o Provides visitors/phone callers with routine information. o Forwards calls and takes messages. o Opens, sorts, distributes mail. o Codes information using readily identifiable and established categories. o Computes and verifies computation manually or by machine. o Composes and types simple letters. o Types correspondence, reports, forms from draft, oral or machine is dictation. The Clerk II specifications include: o Communicative or records processing work in direct support of agency programs- 0 Requires judgement in applying knowledge of laws, regulations, poI.icies, and procedures- 0 Lead worker responsibility. o Types complex, varied materials in a production setting. o Applies understanding of an extensive specialist vocabulary. o Receives, checks, adjusts and records documents and reports which use technical subject matter knowledge. Continued . . . 12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4 1 71 DIANE JELDERKS OCTOBER 21, 1982 PAGE TWO The Clerk III specifications include: o Communicative/records processing work to relieve a supervisor of a wide variety of clerical tasks and administrative detail- 0 Knowledge of office management practices and administrative support procedures. o Handling recurring tasks on their own initiative_ o Types correspondence/reports from dictation, drafts, notes or general instruction. o Composes and types letters and determines formats and modes of address. o Receives, directs calls and gives information_ o Makes appointments, travel and meeting arrangements, prepares agendas and expense claims. o Prepares statistical reports. o Lead worker responsibility. Upon review by the labor-management team charged with the responsibility of conduct- ing the job audit, it has been determined that your work assignments and responsibilities fall within the classification of Clerk Typist II, Step B. Salary for the position is set at $1021 per month, retroactive from July 1, 1982. you will be eligible for a 4% cost of living effective November 1, 1982 and merit adjustments as scheduled based on performance goals. { We sincerely appreciate the patience you have exercised coupled with the time and energy expended to supply us with the necessary data to review. if you have any questions regarding the reclassification decision, please do not hesitate to contact us. Sincerely, -('4w-dx� Cal Hackler Business Agent OPEU f� inda Sargent Administrative Assistant City of Tigard CH:LS:dkr 01 _ CITYOFT11FARD WASHII`lGTC�N COUNTY.OREGON October 21, 1982 MR_ CAL RACKLER BUSINESS AGENT, OPEU - 2154 N.E. BROADWAY _ SUITE 204 PORTLAND, OREGON 97232 Dear Cal: Attached please find draft letters to be sent to employees affected by -ire clerical job audit. I have indicated in the following the results of the reclassification study as we discussed October 7, 1982_ I'll need your concurrence on these results prior to processing personnel actions. :PROPOSED PROPOSED CURRENT PROPOSED CURRENT PAY/STEP PAY/STEP NET EMPLOYEE _ POSITION POSITION PAYJSTEP (7/1/82) (11/1/82) INCREASE Penny Liebertz C-T_ I C_T_-ISI $1085 (E) $1160 (C) $1208 (C) 11_3% Lowana Murray C.T. I C-T_ II $1085 (E) $1121 '(D) $1168 (D) 7.6% Diane Jelderks C.T_ I. C.T_ .II $ 979 (C) $1021. (B) .- .$1055 .(B) 7_88 Pat Robertson C.T. I C:T. I $1085 "(E) $1085 (E) $11.31 (E) 4'.0% I am pulling together classification specifications and -job descriptions for Clerk Typist I, II and".III positions based on the standards set forth in- the Clerical Assistant, Clerical Specialist;_and Secretary Series and actual job duties. As the Assistant, Specialist and Secretary classes are not referenced in the contract, I prefer to hold off on amending those titles until the next bargaining cycle_ If you have any questions, please do not hesitate to call_ In the event the draft letters meet with your approval, please sign off. on them and return to me for distribution: I appreciate the productive and cooperative spirit you exhibited throughout these audits. I believe the reclassification study has served to instill"trust and .' provide a base for future labor-management relations. Sincerely, CITY OF TIGARD i da Sargent, _ LS : dkr Administrative Assistant Attachments - 12755 S.W. ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4571 tigard community youth services 620-2621 TO: TCYS Board From: Bill Knudsen Re: Director's Monthly Report, August-September, 1982 Overview Referrals for counseling totalled 16 for the two months, down some fregn the 23 for the same period last year. Employment referrals were 18, dawn considerably from the 64 we enrolled in August-September, 1981. The 180 job placements the past two months compares favorably with the 185 for the same period in 1981, however. An updated "Guide for Making Referrals to TOYS" has been sent to schools, CSD, and the Juvenile Department, and staff visits to elementary and secondary counselor meetings were made to remind our sources of services available here and to inform them of changes resulting from staff cuts. Personnel It is not surprising morale has been shaky the last several months given the succession of recent assaults on TCYS's finances. There has been good improvement since the end of September, but the uncertainty of the Office Manager's position has remained. As a partial result, Bette has resigned effective October 21 to accept a position in property management. The one- quarter of the position funded by JSC will be filled inanediately by having Lauda Reagan assist in employment 10 hours per week. I want to keep the rest of the position open for six to eight weeks to provide a little budget flexibility. Hopefully in that tame we can secure 2 or 3 more months of funding. We are lining up some volunteer help to cover the front desk. Even so, I will have to fill in as paymaster, data gatherer, and tystip. Consortium Metro has received approval from the State Juvenile Services Conanission for its plan to extend TCYS's grant (Paul's Dosition) for 12 months. That position is now secure through April 30, 1984. Juvenile Services Ccmuission The search continues for an instrument JSC can use to measure client change in its funded programs. Data collection for the study of court reinvolvement by TCYS employment kids begins in October. The study will include nearly all youth enrolled since the program began, so some youth will have had two years to _get re- involved with the court, a factor that should enhance the validity of the results. Last year's study showed employment to be highly effective at keeping kids out of the juvenile justice system. 11981 s.w. pacific highway e tigard, oregon 97223 mama Page 2 Mental Health Departrnent For the second time in three years TCYS`s alcohol counseling program has been denied funding by the MED. In the meantime, state alcohol taxes paid by Tigard/Tualatin residents still fail to return to serve the area they were collected from. Fundraising Contributions this month included $1,000 from the Oregon Econcenic Action Council, $500 from Tigard Rotary, $100 from Tigard Methodist Church, and $50 from Kiwanis. The Fred Meyer grant was submitted October 1 and asked for $59,495 to replace most of what we lost this s<mr .er. Inquiries from other service clubs have been received, and we are considering a request to United Way. Our first full month of client fees will be reported next month. I am preparing grant requests of $1,000 to submit to 10 corporations by the end of October. ra C VM .. r 71982 tigard community youth services - --520-2521 Parent Fair Evaluation The Parent Fair is over, and according to the written evaluations of the participants and the feedback from workshop leaders , the event was a success and should be repeated. Parents were given an opportunity to comment on the organization of the event and the quality of the workshops , both of which were highly rated. Their feedback may be useful in the planning of another fair in the future. Attendance was about fifty parents and another twenty-five persons involved as workshop leaders and booth exhibitors. This is the average turnout anticipated. for a first-time Parent Fair. One suggestion for improved attendance and clearer communication was to complete the final workshop schedule and publish it as the main publicity flyer. This could be facilitates by holding the fair a few weeks later in the Fall, as many workshop leaders are reluctant to commit themselves until the school year has actually begun. Scheduling the fair for the 3rd or 4th weekend in October wot-ld also help avoid conflicts with soccer games. Commenting on the workshops , parents generally found them interesting and practical , frequently remarking that sessions should have been longer. Workshops presented included: Family Fun on a Shoestring, Step-Parenting, Communicating with Adolescents , Stress Management , Is There Romance After Children? , What's a Father to D6? , Self-Esteem and the Handicapped Child, Understanding Learning Difficulties , Family Meetings, and Self-Esteem in the Family. Although not a single father showed up for the "What's a Father" workshop, the presenter' s comment was that this is frequently the case with workshops on his topic, and that it is due mostly to the fact that mothers are still more often the active child-rearing parent (not because of a conflict with hunting season or t.v. baseball games) . The answer may be to make a special attempt to reach father s in next year's publicity. A similar case might be made for the parents of handicapped children, as no one attended the workshop on self-esteem development in handicapped youngsters. Participants were enthusiastic about all the other workshops , and suggestions for future topics included "Talking to Your Children about Sex" and "Helping Your Child Succeed in School. " We did plan the latter for this year, but after many inquiries were only able to locate one interested leader who eventually cancelled and could not be replaced in time. This last problem raises discussion on the way we worked with the i schools on the fair. The district provided vital support in the form of a site and site personnel , smoothing out many details (lunch plans , gym equipment for childcare, etc. ) . The helpful cooperation of their public relations department enabled us to target our publicity in a way we could not have done without the schools. Administrators i 11981 §.w. pacific highway a tigard, oregon 97223 s n Parent Fair (p. 2) were very helpful in providing us with access to staff meetings. HoweverT while there was enthusiasm and practical assistance from administrators , we were not successful in enlisting participation from teachers and counselors, whcse expertise would have been of great interest to parents. Considering how central the school system is to a child's experience, it would be very appropriate to expand the next fair to more actively cover school-related topics. One approach to this problem would be to develop a steering committee selected from active educators who could develop teacher/counselor participation more effectively from within the schools. The booths were very popular and proved to be a helpful avenue for providing parents with information about a variety of services. Participants included: Oregon Free from Drug Abuse, Palmer Drug Abuse Program, Red Cross , Tualatin Valley Mental Health, Tough Love, Tigard Library, Mothers Against Drunk Drivers , Washington County Health Department. Birth-to Three and Parents Anonymous. The Tigard Library expressed a paYticular interest in providing educational resources on family life to TCYS staff and clients. Because the turnout was somewhat low, the time allotted for booth visits was too gener. us , but, anticipating a higher turnout next -ime, there should remain an equally ample space in the schedule for interaction at the booths. The free childcare arrangement was very successful due to the efforts of volunteers,who included former clients, a Big Sister, and a community service worker. Having use of the gym was the key to managing the kids for a period of several hours. The greatest success of the Parent Fair was in getting the idea to fly for the first time in Tigard, and the payoff for this year's efforts will show up in the next fair, which will have the benefit of word-of-mouth publicity and some tested techniques for organizing the pro,jec . The fair is an effective strategy for informing the community about resources and making parents aware of the educational options they have for strengthening their families. Participants and presenters alike agreed it was a fair to remember, and that it should be a regular event each school year. r' WASHINGTON COUNTY COMMUNITY ® ® ® ® ACTION ORGANIZATION 245 SE SECOND HILLSBORO,OR 97123 PH.503-648-6646 t October 20, 1982 �'- ' 5 5982 Mayor Wilbur Bishop, Members of the City Council and the Budget Committee CITY OF TIGARD P.O. Boa 23397 Tigard, Oregon 97223 Dear Mayor Bishop and Members of Council and Budget Committee: On behalf of the WCCAO Emergency Services and Shelter House, I would like to express our deep appreciation for your financial assistance to our program, as well as your social and moral s-upport. The allocation of $1500 will contribute significantly in our ability to continue with the operation of our program. Enclosed you will find compiled data from our 1981-82 fiscal year. Over the past two years, requests for our services have increased 85%. We anticipate even further increases over the next fiscal year. If you have any questions regarding these statistics, please let us know. Again, we great-fully acknowledge and thank you for your support! cerely, c ellne D. Hanes, Director CAO Emergency Services and Shelter House 10 S.E. 12th Street Hillsboro, Oregon 97123 648-0829 or 648-0820 cc: Jerralynn Ness, WCCAO Program Director II �JN�TY SF9G � m O C v AN EQUAL OPPORTUNITY EMPLOYER �iN/STEP MUSM SERVICES REPORT FROM WASHINGTON COUNTY COMMUNITY ACTION ( EMERGENCY SERVICES & SHELTER HOUSE PROGRAM FOR FY 1981-1982 EMERGENCY SERVICES COMPONENT This last fiscal year (July, 1981 - June , 1982) we provided emergency assistance to 2037 families representing a total number of 5751 individuals . Clients Served: Of: 554 families/2029 inddEviduals were Hispanic. 1420 families/3534 individuals were Anglo. 49 families/ 135 individuals were BlAck. 3 families/ 9 individuals were Indian. 11 families/ 44 individuals were Other. 2037 families/5751 individuals. . . . . Total . Through our Emergency Services Program, we were able to respond to 6,812 problems that can be broken down thusly: Problems Referred Provided Direct Assist. Gave Advice f Food 650 527 613 Fuel/Utility Help 361 135 369 Housing/Rent 481 454 465 Clothing 76 212 64 Transportation 99 314 - 82 Employment 293 26 263 Furniture 112 30 97 Medical/Medicine 108 49 265 Welfare 250 17 237 Misc. (diapers , 128 117 82 laundry $, sundries) 2558 1881 2373 We provided emergency loans in the total amount of $5,008.34 to 481 families representing 1423 individuals. Of this amount $400.64 was paid back in cash and $2,624.07 was paid off through donations of clothing, time, furniture, etc. , which as you can see is better than a 50% return! 1 i i WCCAO EMERGENCY SERVICES & SHELTER HOUSE PROGRAM FY 1981-82 Emergency Services geographical statistics: % of Total Name of City Total # of Families Served Known Hillsboro 559 41% Beaverton 249 18% Forest Grove 128 9% Aloha 80 6% Gaston 18 1% Tigard 65 5% Cornelius 88 7% Portland 73 5% Cherry Grove 2 .15% Durham 1 0 Woodburn 1 0 Sherwood 3 .22% Raleigh Hills 4 •29% Oregon City 1 0 Metzger 3 •22% Olympia 1 0 Tualatin 32 2% Eugene 1 C Scholls 16 1% Rock Creek 6 .44% Gresham 1 0 Banks 1 0 Lake Grove 1 0 Milwaukie 1 0 Cedar Mill 1 0 Gales Creek 1 0 Reedville 2 .15% North Plains 9 .66% St. -Helens 2 .15% Timber 6 .44% Tillamook 1 0 Buxton 1 0 SUB-TOTAL: 1358 Unkown 679 3190 TOTAL: 2037 i Revised October, 1982 i -2- SHELTER 2-SHELTER HOUSE COMPONENT During our fiscal year (July, 1981 - June, 1982) we provided emergency housing to 374 family units representing 618 individuals for a total number of 4409 bed days . The average number of days each family unit stayed was 10.8 or almost 11 days. Of the 1136 individuals that we did not house, but who requested housing, 585 did not show up, 292 we did not have space for, and 216 were not eligible. Out of 374 units housed in 1981-32: 296 heads of household were male 78 heads of household were female Situations : 67 came from out-of-state 73 were evicted 54 were destitute 18 were just out of jail f 8 were working, no shelter 13 were transient 5 were just out of the hospital 5 were evicted from farm camps 40 were stranded migrants 4 were in-training, no shelter 1 had a child custody problem i 3 cam from out-of-area, in Oregon, no resources 1 live-in employer died 2 were abused 6 were living -in car 5 heads of household laid off 10 were traveling to other states , no resources s 2 were from other countries , no resources ! 3 were waiting to enter military 4 were in family break-ups 2 pregnant, no resources 3 were disabled, no resources 1 was from very bad living situation 1 waiting for check 2 waiting for achool to open t Out of 374 heads of household: 113/149 Spanish/American 229/406 Anglo , 333 were young adults (16-39) 9/34 Black 36 were middle aged (40-59) 1/5 Other ` 5 were elderly i I _ t -3- ,r REFERRED FROM: WENT TO: 149 39 .8% Hillsboro Unknown 99 115 30.7% Portland Hillsboro 55 36 9.6% Beaverton Portland 28 7 1.9% Forest Grove Beaverton 13 6 1.6% Aloha Forest Grove 12 6 1.6% Klamath Falls Out-of-state 24 9 2.5% Repeats Aloha 7 4 1.1% Tigard Salem 7 6 _1.6% Cornelius Corn6l i us 3 2 .5% Banks Tigard 3 3 .8% North Plains Jail 3 .8% Seaside North Plains 3 3 ,g% Hood River Roseburg 2Yamhill 1 2 .5% Eugene Milwaukie 1 3 ,g% Timber Lebanon 1 3 ,8% Yamhill 1 2 ,5% Scholls Military 1 ,3% Gresham Madras 1 1 ,3% Garden Home Centralia 1 1 .3% Clackamas Eugene 2 1 ,3% Vancouver Gales Creek 1 2 ,5% Wilsonville Women's Shelter 1 1 ,3% Woodburn The Dalles 1 November 5, 1982 MEMORANDUM TO: Mayor and Council I FROM: Finance Director/City Recorder, Doris Hartig SUBJECT: Bond Sale #16 Status (72nd Avenue LID) On October 27, 1982, the City opened bids for Bond Sale #16 at the office of Dick Roberts, City's Bond Counsel, at 11:00 A.M. The following bids were received: U.S. National Bank - 9.08767% The Oregon Bank - 9.205258% First Interstate - 9.2720% Council then held a special Council meeting at City Hall at 12:00 Noon and awarded the bid to U.S. National Bank by adopting Resolution No. 82-118. A temporary bond was issued and on October 29, 1982 the money was received and deposited in the bank by the City. As of this date, the final bonds and coupons are being printed and will be issued by November 15th to replace the temporary bond. On behalf of staff, I would like to take this opportunity to express our appreciation to Council for their willingness to hold special meetings in order to facilitate the bond sale process. lw M E M O R A N D U M i i 1 TO: MAYOR AND CITY COUNCIL rn i s FROM: BOB JEAN, CITY ADMINISTRATOR i DATE: NOVEMBER 4, 1982 3 SUBJECT: MACC REPORT The following is a summary of the MACC Board activities from the November meeting and Storer-Metro' s construction progress to date. MACC decided that its employees will join Social Security and to approve the Goals and Objectives for MACC. We, as MACC members, need to now complete our FCC Waiver work- sheet to allow us to receive the full 5% franchise fee. FCC rules allow only a 3% fee unless actual costs of franchise administration and community access programming justify the 5% rate. I will be , preparing the necessary information and submitting on our behalf to MACC. E Storer-Metro' s construction in Tigard this month has been just on E f the HUB station/studio, nothing further this month on cable installation which should not pick-up until the HUB station is finished. Total system construction is progressing as per the attached report. Portions of the Beaverton system will begin service in December. RWJ . dkr Attachment C. MINES 11 1 t M, 0 o .Thr; •,F-EA C.. � �.;,; � . 17 ...•: � ; y ,.;;TR,�C I Oi; R=r,SRT ';Jir'TH OF of—r. CABLE CONSTRUCTION SYSIBI TOTALS RES I DENT IAL E A001ied s sued Permits This Month 02 I 12 t Total to Date 1 54 Total Required I f P t Aerial Undera^ound Total ¢ Cable Placed This Month 5•42 X5.22 ` •04 Total to Date Total Required `S'''C 'O2 G°1 .5 Aerial Under4round Total Cable Energized This Month I Total to Date Total Required ® I PIST I TL�T I0:"d�L c Aerial Under round Total i Cable Placed This Month i Total to Date i Total Required Aerial Underaround Total Cable Energized This Month _ Total to Date — Total Required i l r F i I i h;ACC C0NSRUCT.0N RP;')RT q= 2 h=.�iE-i D AN HUBS "�� `� r i 1 . Beaverton: Administrative Office. and Hub 'Site. 11 ,200 sq. ft. , single story $ SW. Brigadoon (near laist and Niilikan) Peri:;it issued, construction to commence weeFc of Nov. 2 , weather permitting. 2. Forest Grove: Hub Site. , 1 ,600 sq. ft. , single story. # 24th between Quince and Yew Streets. foundation and excavation work complete. R r 3. Hillsboro: Hub Site. 2 ,000 sq. ft. , single story. Main Street Extension rear 12th Foundation and excavation work complete. Building work scheduled for early November. 4. Tigard: Hub Site. 2 ,000 sq. ft. , single story. SW. 85th (south of the intersection of s Hall Blvd. and Durham Road) . Foundation complete; external shell 75°; complete; interior partitions in place. f 5. Washington County: Main Headend. 3,600 sq. ft. , single story. SW. 173rd south of Cornell Road on the proposed Quadrant Business Campus. One of four satellite dishes installed, block concrete wall for headend (equipment area space excluding offices and studio) 851 complete. Headend equipment installation scheduled for November. 4 TIS' f LIBRARY 639-9511 12568 SW Main-Tigard. Or.97223 Monthly Report October 1982 TO: Library Board City Council FROM: City Librarian Water Damage: The damage from the September 10 incident has been taken care of. The carpet was. cleaned and the ceiling was replaced by the owner. The owner's insurance paid for the damaged books and staff overtime for clean-up. The City Building Inspector is following up on the owner's promise to remove the extra installations which over- loaded the plumbing system. Circulation: There has been a downturn in the daily average circulation for October. Probable cause is the adjacent street realignment with the resulting lost parklnl. However, it is already safer to get in and out of the available parking. Give-A-Book: The Give-A-Book program has resulted in- 12 donations so far. New promotional materials will be published in November to continue encouraging participation. The program has also elicited general donations. Fire Alarm System: In response to the discovery of the poor condition of the wiring in the building, inquiries are being made for putting in an alarm system. Several local firms are making proposals and Police Sergeant Martin will be advising on appropriate plans. WCCLS: The Librarian met with Donna Selle, Coordinator for Washington County Cooperative Library Services (WCCLS), and Susan Hardie, Tualatin City Librarian, to discuss the pro- posed long range plan for WCCLS. Concerns about "typing" libraries according to service levels and opening additional outlets in unincorporated areas were primarily discussed. These same concerns were voiced at a meeting of the city and community librarians the next day. It was agreed that further discussion should be delayed until after the November 2 election which would decide whether or not a 1� tax limitation would be imposed. The professional board meeting for October was cancelled. Volunteers: Volunteers worked a total of 187 hours; daily average 8.5. Work Indicators: Oct. 1982 Oct. 1981 Adult Books 6375 6217 Juvenile Books 2426 1988 Interlibrary Loan 74 96 Magazines 422 337 Records/Cassettes 150 139 Other 27 25 Total Circulation 9474 8802 Days of Service 22 22 Average Daily Circulation 431 400 Increase - circulation 7% Reference/Readers' Advisory 543 650 Materials Added 772 456 C --Materials Withdrawn 192 209 Storytime - Total 65 67 Borrowers:- new/renewal 218/112'- 225/no renewals Tigard Library Board - Monthly Report - October 1982 - page 2 Youth Services: John Henshell October 2, the Library participated in Tigard Community Youth Services' Parent's Fair at Fowler Junior High School. We displayed books on parenting and related subjects as well as pamphlets, brochures and TYPELINE. The display was well received and established a relationship with TCYS. Halloween programs were presented during the last two storytimes and for Start Right pre- school. The Associate Librarian participated as a story teller at the Washington Park Zoo "Sugar-Free Halloween" program on October 31. Outreach Service: John Henshell Large Print books were ordered. We are using the Eagles generous $100.00 gift to purchase the first seven volumes of the popular "Wagons West" series. The Associate Librarian attended "Workshop on Aging: Strategies for Working Effectively with Elderly Patrons" on October 29, at Fort Vancouver Regional Library. Dr. Geri Burdman, Ph.D. , Lecturer, University of Washington School of Nursing, did a presentation on elderly people, and outreach librarians from Washington and Oregon shared problems and ideas. p� r E I i E r POLICE DEPARTMENT MONTHLY REPORT October, 1982 TO: City Administrator FROM: Chief of Police I. Personnel: The department continues to be down one from full strength this month (28). The position for police officer is still not filled. The average daily department strength was 16.8 as compared to 17.2 of October, 1981. By division, the breakdown is as follows: Administration 1.6; Services Division 4.6; Patrol Division 8.9; and Investigation Division 1.7 II. Service Delivery: The department responded to 408 non-criminal calls for service this month in contrast to 504 calls in 1981; year-to-date total is 4,817. Patrol Division's obligated time was 1,431.2 hours vs. 913.8 non- obligated hours. III. Crime: There were 1.12 Part I crimes reported this month; only 100 were reported in October last year. Of the Part I crimes reported, 38 were cleared, or 33.9%. The department responded to 36 Part II crimes, and 56 were cleared. There were 67 persons charged this month as compared to 90 for this same time period last year. Part I crimes increased 12.0% this month over October of 1981. The Investigative Division worked 23 active cases this month; and cleared 9 or 39.1% of the active cases. The property loss was $62,961.39, and $12,090.05 was recovered, or 19.2% IV. Traffic: Patrol Division responded to 42 accidents, of that number 13 were injury. There were 193 citations issued, as compared to 171 for this same time period last year. In addition, 42 warnings were given. The enforcement index was 9.53 V. Police Reserves: The Reserve Unit worked 317 hours this month assisting the department in policing the community. The majority of this time was spent out in the community on patrol and assisting citizens. See attached monthly report from the Reserves for a complete breakdown of their activities. t VIII. Training: r- A. APPRO. Chief Adams and Officer Grisham attended an Associated Police 1. and Planning Research seminar on October 8. This meeting was held at the Red Lion Inn in Portland, and lasted 8 hours. B. Quality Circles. Chief Adams and Sgt. Martin attended a session on quality circles at Portland Community College on October 9, receiving 8 hours of training. C. Juvenile Officers Conference. Officer Grisham attended the Juvenile Officers Conference in Bend from Oct. 20 through the 22nd. Topics discussed were the use of anamatomically correct dolls for use with young victims of sexual offenses, and also psychological behavior problems prevalent in Oregon among teenagers. D. Firearms Instructor Training. Sgt. Martin received one week's intensive training at Camp Withycombe at the Police Academy from Oct. 25 through the 29th. He is now certified by BPST to be a firearms instructor. E. Western States Safe and Burglary Investigators Association. Cpl. Myers attended this 4-day seminar from Oct. 25 through the 28th in Reno, Nevada. Topics discussed were gem printing, alarm systems, "sting" operations, as well as opportunity for investigators to exchange inform- ation regarding movements and M.O. of major criminals operating through- out the western states. IX. Community Relations: A. Officer Grisham attended the annual fund raising benefit for the Safety Town program on October 20. It is sponsored by the Tigard/ Tualatin Chapter of the Welcome Wagon, and ran from 11 a.m. to 1:30 p.m. There were approximately 200 citizens in attendance. 3. Officer Grisham gave two "Officer Friendly" presentations at Phil Lewis School on October 5. A total of 160 kindergarten children were contacted. C. On October 13, Sgt. Martin presented two school programs to the students from kindergarten through the 8th grade. Block homes and personal safety were discussed. During the presentation, the depart- ment's K-9 program was introduced. K-9 Joey was used in both talks. 1-1/2 hours of off-duty time was used in program presentations, and approximately 180 students were contacted. D. CE2 Career Seminar. On October 29, Officer Grisham attended a CE2 seminar, spending one hour with approximately 16 eleventh and twelfth graders. E. Chief Adams gave a presentation to the Kiwanis Noon Club on October 20 at the Hi Hata He spent 1-1/2 hours talking to 18 members about the �' ICAP system management program. MIMIWK NEI low NOTE: There were 574 citizens contacted by our department this month during community relations programs, and a total of 11-1/2 man hours were spent doing this. i Respectfully submitted, s R.B. Adams 6 Chief of Police r i f r E I I f POLICE DEPARTMENT CONSOLIDATED MONTHLY REPORT FOR MONTH OF OCTOBER 19 82 DISTRIBUTION OF PERSONNEL AVERAGE t4 NUMERICAL STRENGTH DAILY ABSENCE fi AVERAGE EF=ECTIVE STRENGTH End of I Same This Same This Last Same this Month Month Month Month Month Month Month Last Last Last Year Year Year TOTAL PERSONNEL 28 28 11.2 10.8 16.8 16.3 17.2 CHIEF`S OFFICE 3 3 1.4 1.5 1.6 2.0 1.5 SERVICES DIVIS. 7 6 2.4 1.4 4.6 3.4 4.6 PATROL DIVISION 15 16 6.1 6.8 8.9 8.8 9.2 TRAFFIC DIVIS. -------- ----- --- -------t7.5 --------- INVEST. SECTION 3 3 1.3 1.1 1.7 1.6 1.9 FORCE ONE 13 12 5.0 4.5 8.0 7.3 ,Fd TWO 9 9 4.0 4.6 5.0 5.0 4.4 FORCE THREE 6 7 2.2 1.7 3.8 4.0 5.3 CHANGES IN PERSONNEL DAILY AVERAGE PATROL STRENGTH 1. Present for duty end of last month 28 This Same month Month Last Year 2. Recruited during .month 0 1Total number field _ 3. Reinstated during month 0 officers 15 i6. Total to account for 28 2. Less Agents Assig- 0 0 4. Separations from the service: ned to Investigat. (a) Voluntary resignation 0 3. Average daily abs- 0 ences of field off- icers owing to: (c) Resigned with charges pending 0 (a) Vacation, susp- ension, days off, (d) Dropped during probation 0 comp. time, etc.. 5.3 5.3 (e) Dismissed for cause 0 (b) Sick A. n j,-ired - .3 I _ .9 (f) Killed in line of duty !=2 (c) Schools, etc. -5 -6 Total average daily (g) Deceased absences- 6.I 6.8 Total separations 0 L4. Available £or duty 8.9 9.2 5:,. .:esent for duty at end of month e TIGARD POLICE DEPARTMENT Monthly Report I. Calls for Service: This Month 569 Year to Date 6,513 f ` A. Obligated Time 1431.2 B. Non-Obligated Time 913.8 II. PART I CRIMES No. Cleared Arrests A. Homicide _ B. Rape C. Robbery 5 1 1 D. Assault 14 17 13 E. Burglary 25 3 F. Larceny 59 15 11 G. Auto The f t 9 2 3 Totals 112 38 31 III. PART II TOTALS 49 56 36 TOTAL - Part I and II 161 94 67 IV. TOTAL PERSONS CHARGED: 67 a. Adult Male 36 C. Juvenile Male 15 f. b. Adult Female 12 d. Juvenile Female 4 — V. WARRANTS SERVED 5 VI. TOTAL PROPERTY LOSS $ 62,961.39 TOTAL PROPERTY RECOVERED $,12,090.05 VII. TRAFFIC a. Accidents Investigated 42 Injury Accidents 13 Fatal 0 b. Citations: VBR (Speeding) 43 Yield Right of Way--Ll— Following ay11Following too Close 7 Red Light 20 Stop Sign 5 Improper Turn 2 Reckless Driving__Sl_ Careless Driving 14 Driving Under the Influence 12 Driving While Suspended 2 Other Hazardous 8 Non-Hazardous 69 Total Hazardous 124 C. Enforcement Index 9.53 d. Traffic Enforcement Totals Citations: This Month This Year 193 Year to Date 1851 This Month Last Year 171 Last Year to Date2134 Warnings: This Month This Year 42 Year to Date 632 This Month Last Year 36 Last Year to Date 530 NOTE: n - Part I Crimes (Major Crimes) Clearance Rate 33.9% �- - Part II Crimes (Minor Crimes) Clearance Rate 114.3% NIQ (IaxxoM ava 3o usawnm Zv.101 xsxso xsazo 'daHlO OIIV'HISIRIHav sZlvzsa M ) Zviosas c` aHsavov oq M q NISIUM C-1 c�C saoasa SNOIZVZsB iuiNnwHoo SOI330 HoivasIa :)!1T I N I V�?.T. t-•( n( ` C( cct `ZZ Y ooxssVZO ianoo URROSIEd N axoasmvxs Zoxzva I'D assoaula DNIAIUG t ZO?IZvd aivci i WH ) o U V ` I HWP H to l Ka W `y cs ( x tTj ►-•3 b -� rp U3 C 1 H CITATIO.NS \_ WARNINGS WRITTEN N H WARNINGS VERBAL SUSPICIOUS PERSONS SUSPICIOUS -� W VEHICLES ARREST ARREST ASSIST V't_—ATION CHECKS FIR' S OTHER ei z * ALARMS AND PERMIT RE-CAP Month of SEPTEMBER, 1982 Total This Month Same Month Last Year % Change Year to Dat TOTAL ALARMS.. ... .. 68 63 Two a. False.. . ..... 68 62 Q' b. Donafide.. .., 0 1 120 PE$MITS ISSUED..... 91 --- $1,980 PERMIT FEES......... 1435 -0- PERMITS REVOKED..... REVOKED FEES........ MONTHLY SUMMARY STATEMENT: This month was a hectic one in processing the large number of permit ( applications received. However, it will slow some in the months to follow.. If you'll note, there was a slight increase in this month's false alarms compared to a year ago. - This can be attributed to the fact there are probably more alarr: systems in the community now than there were then. ALARMS AND PERMIT RE-CAP Month of OCTOBER, 1982 Total This Month Same Month Last Year % Change Year to Dat TOTAL ALARMS....... 61 68 . - - 10.3% a. _False........ 60 66 g.la b. Ronafide..... 1 2 PERMITS ISSUED..... 25 _ ! 145 PERMIT FEES........ 405 $2,385 PERMITS REVOKED..... REVOKED FEES..,*.... MONTHLY SUMMARY STATEMENT: As anticipated, there is a r.!arked reduction in .the number of false alarms occurring.. Only 25 permits were issued this month as compared to the 91 last month. The reason for the drastic reduction is that September 28 was the dead- line for the 60 day grace period given to come into compliance with the Alarm Ordinance. Y MEMORANDUM NOVEMBER 9 , 1982 TO: Members of the City Council FROM: William A. Monahan, Director of Planning and Development RE : Monthly Report of Planning and Development The Planning and Development monthly report for October contains the following elements : 1. Annexation Report 2. Approval Authority Actions 3. Building Activity 4 . Code Enforcement Report 5 . Comprehensive Plan Update Report SUMMARY The only activity in the area of annextion was the withdrawal of the Kvarnstrom application on October 29 , 1982 . r The Comprehensive Plan Report illustrates the fact that all preliminary draft elements , maps , and the Community Code are complete. Review activity by the NPO's , CCI , and Planning Commission have increased. It i5 expected that all elements of the Plan will be presented to the Council prior to deliberations on December 13 , 1982 . Building permit activity increased as the Building Division collected 18 ,747 .49 for permit fees. The value of the new construction and alterations equaled $1 , 363 ,319 . 00 for the month. >. 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JJ Z O O O O O O O O O O O O O O '•+ O O O O U U U U c C C C C C c C C c 3 C C C C O a a u a ,••� g ro L N b aJ O tN Ol H O H .-1 a ro 3 U to a Ln r U b a 1yi $4 E \ y ..q ,%� 111 C- O \ L. E .-1 $4 O 1 C N YI $4 O b• ro tr• aJ U E a Ip ro N V N a a O +J ro •-1 C -.7 ro 171 Q s 'a m e c In yJ .-1 c v N a to c • C a W to C O C H >. N >. C >. •-1 w C > •-1 .-d :3: 14 7 LC a ro o a u 3 to 3 a ro --4 O O a J.a ro 7 N iC •I-.' U [O 7 Co U 1.. 0 W LN3WIHVd3a IN3WdOI3A34 (INV ONINNV-Id - 1110d3d NOIIVX3NNV { MONTHLY' REPORT PLANNING AND DEVELOPMENT DEPARTM17NT APPROVAL AUTHORITY ACTIONS OCTOBER, 1982 The following projects were acted on by the Planning Commission over the t past month. SENSITIVE LANDS PERMIT M 1-82 The Meadows NPO # 7 APPLICANT: Bruce Kamhoot & Associate 20 Greenridge Court Lake Oswego, Ore. 97034 OWNER: Unified Sewage Agency REQUEST: A remand to the Planning Commission from City Council to reopen public hearing in order to allow the NPO and other interested parties to input on this issue. SITE LOCATION : Northeast of S .W. Black Diamond Way (Wash. Co. Tax Map 1Sl 34D lot 2600) . ACTION TAKEN : Approved October 5 , 1982 with conditions. ZONE CHANGE AND COMPREHENSIVE PLAN REVISION ZC 18-82 JB Bishop NPO ## 1 CPR 4-82 l` APPLICANT JB Bishop 10505 S.W. Barbur Blvd. S-303 Portland, Oregon 97219 OWNER: SAME REQUEST: A Comprehensive Plan Revision from Commercial Professional General Commercial to General Commercial on Tax Map 2S1 2CC tax lots 200 & 500 and from Commercial Professional to General Commercial on Tax Map 2S1 2CC lot 100 , 801 & 900 . SITE LOCATION : Site is generally located on the east side of Pacific Highway, approximately 1000 ft. south of SW Garrett. ACTION TAKEN : Approved October 19 , 1982 with conditions _ CONDITIONAL USE EXTENSION CU 20-80 S.W. Church of Christ NPO # 6 APPLICANT: Southwest Church of Christ 9725 S.W. Durham Road Tigard, Oregon 97223 OWNER: Same C REQUEST: For a two year time extension for starting half-street improvements as required under CU 20-82 . APPROVAL AUTI-IORITY MONTIiLY REPORT Page 2 SITE LOCATION : 15805 S .W. 98th (Wash. Co. Tax Map 2S1 11CD , lot 701) . r" ACTION TAKEN : Approved October 5 , 1982 for a 12 month time extension with construction to be completed within 60 days of the expiration date . MAJOR LAND PARTITION MP 1-82 Bonita Firs NPO # 5 APPLICANT: City of Tigard 12755 S .W. Ash Ave. Tigard, Oregon OWNER: Robert Randall Co. 9500 S .W. Barbur Blvd. # 300 Portland, Oregon 97219 REQUEST : For a major land partition to divide a 9 . 25 acre parcel into 4 sections and create a public right- of-way. ight- of-way. SITE LOCATION 7955 S .W. Bonita Road (Wash. Co. Tax Map 2S1 12BA lot 5600) . ACTION TAKEN : Approved with conditions on October 19 , 1982 . THE FOLLOWING PROJECTS WERE ACTED ON BY THE _DIRECTOR OF PLANNING AND DEVELOPMENT DURING THE MONTH OF OCTOBER. MINOR LAND PARTITIONS ML - eigel/Kuehl Investments NPO # 5 APPLICANT: Weigel/Kuehl Investments 6229 S .W. Canyon Court Portland, Oregon 97225 OWNER: Hyster Corporation 7000 SW Sanburg Rd. Tigard, Oregon 97223 REQUEST: To partition a 5 acre parcel into two lots , one of 66 ,675 sq. ft. and one of 151 ,125 sq. ft. in an M-4 Industrial Park_ Zone. SITE LOCATION: 7000 S.W. Sandburg Rd. (WCTM 2S1 1DD lot 100) ACTION TAKEN : Approve October 4 , 1982 with conditions. MLP 9-82 Kelly Center APPLICANT: Archdiocese of Portland 2839 East Burnside Portland , Oregon OWNER: SAME REQUEST: To partition a 4 . 29 acre lot into two lots , one .69 acres , one 3. 6 acres. APPROVAL AUTHORITY MONTHLY REPORT Page 3 MLP 9-82 continued SITE LOCATION: 9905 S.W. McKenzie (WCTM 2S1 2BA lot 200 & 300) ACTION TAKEN: Approved with condition on October 20 , 1982. MLP 10-82 K. Paul & Sharon Dahl NPO # 2 APPLICANT: K. Paul & Sharon L. Dahl 11665 S .W. Greenburg Rd. Tigard, Oregon 97223 OWNER: Same REQUEST: For a Minor Land partion of a . 62 acre lot into 3 lots, approximately 11,040, 9 ,847 and 6 ,480 sq. ft. SITE LOCATION: 11665 S .W. Greenburg Rd. (WCTM 1S1 35DC lot 2600) ACTION TAKEN : Approved October 25 , 1982 with conditions . TEMPORARY USES TU 16-82 Prevent-A-Care Pet Vaccination NPO # 3 �. APPLICANT: Michael Burton VMD 14125 S.W. Fern Tigard, Oregon 97223 REQUEST: To conduct a low-cost dog and cat vaccination clinic. LOCATION: Big-B Thriftway on Tuesday, October 19th from 3 : 30 to 5 : 30 in the afternoon. ACTION: Approved on October 7 , 1982 C MEMORANDUM t` TO: CITY COUNCIL FROM: PLANNING AND DEVELOPMENT DEPARTMENT DATE : November 9 , 1982 SUBJECT: Monthly report for month of October 1982 Building Department October ' s building activities include permits for 5 signs , 19 single family residential, 6 residential additions alter/repair , 9 commercial alter & repairs , 1 commercial site work., 1 commercial foundation only, 1 fill (educational) and 2 demolitions nor a total value of $1, 363 , 319 . 00 . Fees for 38 permits $ 11 ,556 .49 Fees for 5 sign permits 65 . 00 Plumbing Activity - 20 1 ,662 . 50 Mechanical Activity - 19 334 . 50 Business License 130 5 ,129 . 00 TOTAL $ 18 ,747 . 49 Sewer Connections - 22 1 ,905. 00 Sewer Inspections - 22 780 . 00 King City activity included 1 Residential alter and repair for a total valuation of $ 2 ,680 .00 and fee of $63 . 53 . 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(1) a) O 4-3 a 17-1 C C ri •17.1 rt3 w U Z 44 >, E E 0 0 = _ _ _ = r0 (a r0 3 >y E -r+ a) 3 E tr x .x x x .r~ O -A 3-17 (a r~ 171 > 3171 z r i h h U 0 z 0 U 3 E- 11-3 h Q U W U) '.0 (n a 0+0 0 U) a �C x U C� 0° x " x C� �G Im— p00000� o H O O O O O O H a ov� 000 .o p o (=3 0 -:r in a _4inLn -VN I-- E- 0 --HO U Csa E RS F:4 C: 4-) -4 .D �4 �4 +j (cs :::sain r I 0 00 3 3 ? 3 3 cn �n cn u� cn to (s1 M tf1 to in O (Y, in co M M 00 (] tf1 ..O In lf1 Lf) pp Ol a w >1 � U O � E-1 O U � O N to U] 44 • �--: C~ 1 rt O CT tr N cn O--1 -4 til u C13 a �4 E-4x -4 Cl fn 3 U] O O O a o� a a� m�' opo " C14 Q1 •� a; 2 Ei N •11 4J 4-) 4- H O -•-� ::jm c •r� N yJ - O U O p to G G p) N O >,O > to —4 t0•.� rl ro 4 + d m -,� a) v, G O +I w tn +; _-j - 4 G-''I —4 1 fis G U N N U) U)i sE+ E ro p tU O NU -,>� O G b ac a ° N N tr > C .Ui C E -,I 7`1 f-i •.1 '-I I I .a to I 'I) 0 c E E G Ga) ro ..Ni 3 0 O O a) O Q A O U ro Ufli O+ G 7-I N 7 .4 N rl {J O r6 N -.-I I wA 1 N N G a) ri 10 41N I Co N +I W W -•-I O �+-+ x o0 O 1 O G N ° U) w ro O y, Z 14 ro w IH 41 A 0 0 1 f-t 1 G f!l N OH ° N a,O (1) O O S4 G G U a U O En O O -44 3 � -) O.U •� U O x G >. rov oro -4 ro L' r- > ro (3)-,4 ro Q) o o m � v o v n -rl y --1 .14 -.-I E - Q) -,i U 44-.I > w i-) O N > r0 > aOU >O > 1.4 -.i N N ••i (0 U a)••-/ -rl yJ A G N •moi O 3 U7 O 41 O O O�U O O z°to Z Z U 4-3 O ro Z U tN Z ro G Z Z L] al to U 3 U � w +� E 4J O L) m ro a1)� -,i x rt rt +I rUt3 (n U 0) U w > o a Z O O G G b C A E 3 ° ° tD 1 a N U Z W .r.i J°-I .UI -rGi C b > A S rl G z a w -.I > a 4-3 ro W L) 0 •-4 X OG N ro C N N >. U O w U N .4 > _++ }4 la 41 W Z W O A r0 U ° U OU r0 to U O )., G N U O H A b N 4-3 0 O. 1 -4 to A ::3 O ra Sn Z —4 G +1 r4 Q) N +I O � Q. a) � ra O O O w a u) E+ M r+ m a � ro 4-1 O ,, X ° m y, A c r+ +) U y caN 4J 3-1 .G �, rd G r Z FC 0 O O E+ 3 S ar0 4; 3 x �4 U �. pto rn v) U 3 to 4 .°x ~ H O Ln to 4-) G O W •.1 E+ to -'-1 >+ N + N N O U JI G U O N N G G p p Ln O en O N -4 P. U 5 N N N N N N NO co O O O O 00 000 OD co OI I 1 1 1 1 1 1 1 I I to m N O (s7 ri V' ttl \D r r O ri - N N E'r i 1 1 1O O 1 1 1 O O O O O O O p O AM s MEMORANDUM DATE : November 9 , 1982 TO: CITY COUNCIL FROM: PLANNING DEPARTMENT SUBJECT: Comprehensive Plan Update Report PROGRESS The following describes the extent of the work that has been completed on the Comprehensive Plan , and what needs to be completed. COMPREHENSIVE PLAN REPORT % COMPLETED 1. General Policy Document 100 % 2. Citizen Involvement 100 % 3. Natural Features and Open Space 100 % 4 . Air , Water and Land Resources 100 % 5 . Economy 100 % 6 . Housing 100 % 7 . Public Facilities and Services 100 % 8. Transportation 100 % 9 . Energy 100 % 10 . Urbanization 100 % - Annexation Policy 100 % - UPAA The County has completed their proposed general Urban Planning Area Agreement (UPAA) ; and it has been adopted by County Board of Commissioners. The City is now i in the process of negotiating the specifics of the UPAA. 11. Tigard Community Development Code 100 % 12. Preliminary Comprehensive Plan Future Land Use Map 100 % 13. Preliminary Development District Map 100 % * Final Planning Commission Draft. WORK SESSION The Committee for Citizen Involvement (C.C. I . ) is now conducting weekly work sessions, to discuss all issues concerning the Comprehensive Plan revision work. In order to spread the Planning Commission and City Council ' s adoption work loads , staff has requested that each element of the Comprehensive Plan be forwarded for adoption ; once all of the con- cerns regarding the elements have been resolved. At their October 14 , 1982 meeting, the C.C.I. recommended the "Comprehensive Plan Report: Citizen Involvement" be forwarded to the Planning Commission for public hearing on November 9 , 1982. The Council will review this report on November 22 , 1982. The "Comprehensive Plan Report: Energy" will be the the next element reviewed by the Planning Commission. fm S N N aD 00 � � Y •.+ G ca cn cn c c G b �4 •.+ G O $4 H � _4a) 41 O p S ?+ JJ N O M O t H cts O Ln -4 H N Q) a o o C � ..-1 w l ' U ° cn C11 N O to Lr) O -+ 6: 0 ca d o d ca s+ w > +4-3G b U U H •O 7+ f '' N rI a d G r ,4 bo a G •o ••+ o a F ..+ c� •o r, 0 0 0 �. u d a' a E-4 as ..4 p, d a.c o W U a) a O U N a! O u O .4 U .a °P. o P4 4-3 O d W 3 HCqCO . t rn =5 caal rn c+1 r ) O O }c • s co r4 54 0 to P+ ca .� U ca t 0 P z P6 �' w Ca. 4J O U 6 a1 € i0i v� a H O p O O O O O 0 Ai a) Aj E E _ �, Q ' p �O Ln N N O O Z ' cn i1 Q C C14 N Vj- r/1 to to W � n P4 ! cn O OW H Cl O s T.'N Ln co c+1 cn p N JJ 1 G M S+ � a) i 04 c0 � L ca . " b w a) 7 u yr O € a) J.+ to G as �a n H ,F, 4J 00 P+3-4 cn cn 00 N W L fd ' '� co �-+ rn o n ca d H co r ;. P+ a� H A W H ,d G Cd �. a) 0 ,'3 to b u ca E L 'G U .G1 P4 H ! o a a) G ff' G fx vs V N w SC/3 o .c s+ N •b L G H .� L F-. y C N WO b W G 4) G fa ca 0 + L4O N O W 0 U cc Oo co > ' £>+ vZ r L w �H v CL) •.co� dG a) uG Hai LG Wa+ co W a) r..� N H N W a) -14 )e d .d m G 0 u fJ Pl. co a A E U) E co 41 co b $4 00 co co0 -4 a 0 L+GO w ca O U v 3-3 Pte+ H Kn.4 O 3 j The Clerical Job Audit, conducted by Cal Hackler of the Oregon Professional Employees Union ;')PEU) and our Administrative Assistant Linda Sargent, was completed in October. The results of the Audit showed that some clerical staff should be reclassified due to the duties and responsibilities of their position. Three of our clerical staff were reclassified as follows: Penny Liebertz was reclassified from a Clerk/Typist I to a Clerk/Typist III position; Diane Jelderks was reclassified from a Clerk/Typist I to a Clerk/Typist II position; and Lowaria Murray was reclassified from a Clerk/Typist I to a Clerk/Typist II position. TRAINING NOTES Bob Jean held an all-day management staff retreat at his home on October 22nd. Doris Hartig, Finance Director/City Recorder, hostessed the October meeting of the Oregon Municipal Finance Officers Association. Mayor Bishop, Councilman Tom Brian, City Administrator Bob Jean, Planning and Development Director Bill Monahan and Building Official Ed Walden attended the League of Oregon Cities Convention held in Eugene on November 7th, 8th and 9th. Frank Currie, Public Works Director, attended the American Public Works Association conference from October 13 to October 15. Bob Jean attended a Purchasing/Contracts Seminar hosted by our own Planning Commission Chairman Frank Tepedino. Corporal Don Myers attended the Western States 33rd Annual Investigative Seminar from October 25 thru October 28. Administrative Assistants Joy Martin and Linda Sargent attended the Leader Effectiveness Training Conference on 10/13, 10/14, 10/20 and 10/27. Lieutenant Kelly Jennings attended the LGPI seminar on Utilizing Assessment Centers in the Selection Process on October 20th. Patrolman Joseph Grisham attended the Police Planning and Research Seminar with Police Chief Bob Adams on October 8th. Patrolman Grisham also attended the 6th Annual Training Conference sponsored by the Oregon Juvenile Law Enforcement Association from October 20th to October 22nd. Sergeant Charles Martin attended the Police Firearms Instruction Seminar sponsored by the Board on Police Standards and Training from October 25th to October 29th. Administrative Assistant Joy Martin has enrolled in the Portland State University class "Economics: Applications to urban Services. " Joy is working on her Ph.d in Urban Studies. Planning Commission member Cliff Speaker attended the Governor's Conference with Planning and Development Director Bill Monahan on October 26th, where they discussed the prospects for housing construction in Oregon. i Public Works Crew Chief Walt Zielinski attended the Hydraulic Systems class held at Portland State University on October 28th and 29th. Auto Service Worker Ben Tracy attended the General Motors Training Center on Computer i Command Control Fundamentals on October 25th and 26th. l VOLUME V ISSUE 8 NOVEMBER, 1982 CITY NEWS AND NOTES Our thanks to Betty Mills and Margaret Earl ! These two fine ladies volunteered four days of their time to assist the City in registering voters before the November 2nd election. More than 700 citizens were registered between October 28th and November 2nd. All managers met on October 27th for the Management Team Programs and Priorities meeting. Department, Division and Crew Chief managers have formed task forces to address productivity circles, time management, the management systems model , the codification update, and many other issues as well . The goal of these task forces is to improve procedures, productivity and efficiency of City staff and programs. Cable television will soon be moving into our residential neighborhoods. See the Tigard newsletter "All About Town" for further details. Motorcycle patrol is the newest program developed by the Police Department to enlarge their patrolling efforts. Patrolmen John Featherston and Jim Newman graduated from the City of Gresham Motorcycle Operational Training Program on November 5th; these officers will now complete two weeks of field training, at the end of which our Motorcycle Patrol Program should be in full swing. The bid for a new backhoe was awarded to Case Power Equipment Company during October. The new equipment is a much needed and welcomed addition to our Public Works Department. The City of Tigard processed more Local Improvement Districts (LTD' s) last year, than the City of Portland did, and we did it with less staff. The last of the LID' s processed this calendar year was for 72nd Avenue with a bond sale amount of $1,371,200 on which the City received the excellent interest rate of 9.08%. PERSONNEL NEWS AND NOTES A Factfinding Nearing between the City of Tigard and the Tigard Police Officers Association was held November 3rd. The Public Works Operations Superintendent position remains open after rejection of the top three candidates interviewed in October. Oral Board interviews will be held November 15 for the review of additional candidates. Carole Van Eck, Senior Secretary to the Public Works Director, will be moving to the sunny city of Visalia, California, on November 12th. We will miss Carole's professionalism and cheerful disposition. . .we all wish you the best of luck, Carole. Applications will be accepted until November 22nd for the Senior Secretary/Clerk III position made available by Carole's move to California. Members of the Tigard Municipal Employees Association received a 4% cost of living increase effective November 1, 1982. The cost of living increase for members of the Tigard Police 1t Officers Association is still being negotiated; management employees had their pay plans frozen during the 1982-83 fiscal year, based on last year's market wage survey. . . . Continued . . . RIM Y MEMORANDUM October 25, 1982 TO: City Administrator/City Council FROM: Chief of Police SUBJECT: New OLCC Application RE: The Beef & Barrel Restaurant (former Burger Boy Restaurant) 11688 S.W. Pacific Highway, Tigard, Oregon Owner: ALEXANDER, John Demos Sir: In review of this request for a RMB (Retail Malt Beverage) License application, and the inspection of the place of business, and the r discussion with the owner, it is recommended that this request be i. approved with the following conditions: That all sales of beer and wine shall be consumed on premises. That no package sales be authorized. That the consumption of beer or wine shall be incidental to the service of meals. Respectfully, R.B. Adams Chief of Police RBA:ac Rim Avoid Verbal Messages k CITY OF TIGARD From: t. To: C low 10-20-82 Subject: Liquor Licens applicant Date: APPLICANTS ALEXANDER, John Demos 10770 S.W. Fair Haven St. Tigard, Ph$ 639-5788 DT3As The Beef & Barrel Restaurant AKA Burger Boy ROstaurant 11688 -S.W. Pacific Hwy Tigard, Oregon LICENSE REQTTESTS Retail Malt Beverage RECObMNDATIONs Approval with condition that no carry out sales be authorized. 4 s I talked to John Alexander and inspected his business on lO-r. e`doeshnotadvised think tare that it is his intention to sell only draft and bottle Hee also was in agreement s he will be selling wine unless there a demand outssales, hisfintention is only to provide beer that there should not be any carry the name of the - for his customers who order food. Hchaagese alsoswithaid this counterchanginghat by area he would reduce resturant and some smallHe stated that he does not have very much of the the amount of the minor trade. younger grade anyway, most of his customers are adults Mr. John Alexander has a positive atitude and indicated that if there appearedE ult of his liquor license he would surrender the license. to be a problem as a res t Fp 3 tj I L. Branstetter, Det. Sgt. SD,670 u4. 6–}�ct6 P��, (� IF- 0 3 /Y ore)= 9079 S.E. McLoughlin Boulevard STATE OF OREGON P.O. Box 22297 PAGE OREGON LIQUOR CONTROL COMMISSION Portland, Oregon 97222 C APPLICATION GENERAL INFORMATION N° 5352 The filing of this application does not commit the Commission to the granting of the license that you are applying for, nor does it permit you to operate the business named below. If a license is granted by the Commission, you will receive a LICENSE CERTIFICATE. No fee is collected by OLCC until a LICENSE CERTIFICATE is to be issued. (THIS SPACE IS FOR OLCC OFFICE USE) Fleftby IS SPACE IS FOR CITY OR COUNTY USE) Application is being made for: CITIES AND COUNTIES: Do not consider this BOTTLER �- Greater Privilege nless it has been stamped and signed at the 1. PL Tl R. C'I% � LCC representative. BREWERY ,0.1 UQJ03 C^i:: 'L CJi'aUesSPrivilegeDISPENSER CLASS A New Licensee OUNCIL, COUNTY COMMISSION, OR COUNTY DISPENSER CLASS B New Location DISTILLERY i 1 1982 eve COURT OF — DRUGGIST New Partner (Name of City or County) FARMER'S WINERY CCPISE DIVI310I1 RECOMMENDS THAT THIS LICENSE BE: GRANTED INDUSTRIAL ALCOHC RAJILR PUBLIC PASSENGER CARRIER OR BOAT DENIED EMALT SEVER DATE SEASONAL NAL DISPENSER SPECIAL EVENTS DISPENSER BY WHOLESALE MALT BEVERAGE AND WINE (signature) WINERY TITLE AUTION: If your operation of this business depends on your receiving a liquor license, OLCC cautions you not to purchase, remodel, or start construction until your license is granted. 1. Name(s) of individual applicant(s), partnership, or corporation: ^� n A6)AnAer 1077® S VJ �aet-�t0.L'en aar'j Ore-`� - (Name) (Address) (City) (State) (2�p) 2) 3) 4) SRetd.si-46. (EACH PERSON LISTED OVE USY FILE A INDIVIDUAL HI�TORY AND A FINANCIAL STATEMENT)® — l} 2. Trade name of premises _ When filed: ICJ (Year Name Filed with Corporation Commissioner) i 3. Former trade name 6 ' 6t' ` € 4. Premises address � PQG�i_ ij C i l { � 1"ttti a I _ Coun (State) (ZIP) (Numbers Street, ral Route) �) (^(CITY) ( tY) ( y 5. Business mailing address "' �\ n rr� 0 rP�Q C'R Li 1� (P.O. Box, Number.Street, Rural Rout.) i (� [a e) taiw b. Was premises previously licensed by OLCC? Yes No T Year 7. If yes, to whom: — Type of license: — S. Will you have a manager: Yes No Name (Manager must fill out Individual History, blue page Z) 9. Will anyone else not signing tjk application share in the ownership or receive a percentage of profits or onus from this business? Yes — No Z_ r, G {1 10. Wha: is the local governing body where your premises is located6 ? -– "fou i (Name o City o ounty) 11. OLCC representative making investigation may contact: (Name PJY cel r�e-war ��i-a_ L,omg- 0`1 S7 R husi►�ecs (Address) (Tel. No.—home,business.message) CAUTION: The Administrator of the Oregon Liquor Control Commission must be notified if you are contacted by anybody j offering to influence the Com,nission o your behalf. j Applicant(s) Signature (1) h (In wse of corporation,duly Iv authorized officer thereof) (2) (3) (4) orginzi,- )government DATE 1 Sle'40MI-645 Form 04545--480 (7101) {g i.. 4 ice? 9079 SE. McLoughlin Blvd. INDIVIDUAL STATE OF OREGON HISTORY Portland,LIQUOR CONTROL''COMMISSION P.O. Box 22297 Portland, Oregon 97222 f rte= Pago 2 Appllcation All,btartka'must be filled In. OLCC USE If the es\tioonn does not apply to You.place,N/A(Notgpl •Aicable)In the apace. ONLY 1. Nams tS r-t c�� i Jy{_ t) y 4 j lu���otaw) 2.Othe:names used . .i , r 1a11sf "i a a 3 f f V p) a Address / 0 "s YIto.. _ team)- 5_ — 4. SSN 1 Date of Birth Agee[a 5. Place of Birth • (stare or co en) t(Q - ' '+► tc4.s.L .- :..G color Eyes.— 6. Height t O Weight I /- ""(dolor Hai( ? Sex Name 01 Spouse �7 �/ •- I (� h , / o Business Phon ���- 8. Homs Ph_.._ (�+ee ) ( ) 9. U.S.Citizen: Yes No If"No"list Allen Reg.No. CRIMINAL'RECORD: NOTE:For your information,a criminal records"check Is made on,all Ilq'uor license applicants in the normal processing of a license I -.request.Fingerprints may.be required.4 . 1& Have you been convicted(Including'probation'sentencing or bill forfeiture)o!any crime,violation,or Infraction of any 1@3►�7(Do not include minor traffic violations for which a.fine or bail forfeiture of._$50 or less was imnposed). Yes No 106,Are flyers presently pending against you sny._grUhlnal-chargas;violations or Infractions of the Iwy,?(Do not Include minor traffic violations for which a fine or ball forfeiture of.$50 or less was'ImpGsed).- Yes No-.6 to 10A or `110B,If you have answered"Yes" `tOB,list below: dbiind state Result offense 'Drab (Attach additional sheet If necessary•). NOTE:The Informatlon listed fn-1 through 10 above can protect you frcm an error in the criminal records check. EMPLOYMENT'AND RESIDENCE HISTORY 11. List current and former employers or occupations during the past ten years:(Attach additional sheet If necessary) r or Bu "as t Oeeu atlon Cay end 8 1a tflortWYeer ploy. t'From . G y oV e r1 A-)� !�u ratV RyT�Gy, n n 1 1�T,1T'/�rte— From To J From To ...z. _...R .. .. From To .. - -� } i .�:'. ' s''. ... ..r•A� 12. List other cities and states where you have lived in the past 10 years ottier)han those noted In question 11 above:(Attach additional sheet:(LFtecessaryJ.-,,, .:.. - . City cnd O � y3 To en�ly V Frorn _To FromTo AC£IVIT1f IM LIQUOR INDU£TRY(Insideor Outside Oregon) 13.Are you�resently�r r have. u been Ince d or to ad in the�uOjr ? u (�g 6 O Jq rte, :s Yes No W ere&When? Q2Pr �,; 114.Have:you ever ived'e warning,a,noticeofviolation;auspansocation as a lice or permittee? i a: Vas No� Where&When2 , 15. Naive you ever bee refused a permit or Iicense,'to sell serve or dispense beer,wine.or distilled spirits? .i • Yes No= Where&Wherf?•tr, Have you held,or doyou presently hold,a gambling or gaming Iicenseg%jn any governmental body or a Fe_derafGambling Tax Stam?,, - � .Yes No Where&When? 17. Have you ever he�ld/°r do yan ou hold any finciallnterest Iurtygtor enterprise:manufacturing Importing,wholesale or retail? No 'Who &When? 18Do ywj owe mo o any.manufacturer or distributor ot.wirte beef,or'dltstllled spirits on account of cash or credit advanced? Yes- NoWhere&When? 19.Is your spouse or phy family member(s)working in any area of the'liq�r,Industry? Yes No If Yes.give:: �-cr+N+) - •,04"of Ek*. ) - .F..tory a saes) 20. pjaeislrtvolered��., Trade .Name _ Job Title onio.r,sew ) corp. x CAUTION:-FALSIFICATION OR INTENTIONAL OMISSIONS OF INFORMATION ON THIS FORM MAY BE GROUNDS TO DENY OR REVOK YOUR APPLICATION FOR A LiCENSEI f f Date: Signature: 4 e = aryl of c otflos`yet oovy-�of)x l t 1wsuFN,2.d copr-roolFe x tsv+ono sae partnetSN'+gt t128t). 7� � 9079 S.E. McLoughlin Boulevard P.O. Box 22297 STATE OF OREGON Portland, Oregon 97222 OREGON LIQUOR CONTROL'COMMISSION PAGE APPLICATION FINANCIAL STATEMENT Name ASSETS(Owned) AMOUNT OFFICE LIABILITIES(Owed) AMOUNT OFFICE USE USE Cashon hand (not in bank) Accounts Payable (Schedule D) Cash on deposit: Notes Payable (Schedule D) Checking atr-Frsi Contracts Payable (Schedule D) Checking at Real Estate Mortgages and Contracts S Savings at Ar VQ es OO lo6 J I Payable (Schedule A) / I Savings at W'I Other (Describe) Cash valve of: Vehicles 000 no Life insurance 0 b Machinery and equipment 80 Merchandise inventories. if L,Ob Stocks and Bonds (Schedule B) Z Real Estate (Schedule A) - O � Accounts Receivable(Schedule C) D N Notes Receivable(Schedule C) Contracts Receivable(Schedule C) Other personal property Other Monies Available (Describe) / 5 - TOTAL LIABILITIES NET WORTH TOTAL ASSETS TOTAL LIABILITIES AND NET WORTH 'To arrivo at NET WORTH, subtract total liabilities from, all assets. I - l. Annual Income: Last year's total salary $� Explain: 61 nd i)fie rem 2. Have you any assets or liabilities not listed on this financial statement? Yes Ne If yes, explain why not included . Are you art endorser or guarantor for others? Yes _ No->�. If yes, explain: 4. Have you any judgments or suits filed against you? Yes _____ No -�C. If yes, explain: 5. Have you ever filed a petition in bankruptcy or been adjudged bankrupt? Yes No If yes, explain: Year: Court: City: State:—— (Attach additional sheet if necessary for any question.) CAUT(06. FALSIFICATION OR INTENTIONAL OMISSIONS OF INFORMATION ON THIS FORM MAY BE GROUNDS TO DENY bb OR REVOKE YOFOR A LICENSE. Signature (Spouse,if this is a joint statement) "t COPY—Applicant n zDate )C__ SP19M6 345 Roan 8}ytT=a�4.(1IB0) 'Y ;t Al E M O R A N D U M TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JOY MARTIN, ADMINISTRATIVE ASSISTANT DATE: NOVEMBER 4 , 1982 SUBJECT: COST EFFECTIVENESS OF THE RENTAL AGREEMENT FOR THE MAIN COPIER PURPOSE Approve or disapprove changing the type of agreement for the main copier in City Hall . FACTS On March 1, 1982 , Council approved the City entering into a rental agreement with Automated Office Systems for the Canon NP 400 . The cost per month is $299 for the first 10 , 000 copies, plus $ . 02 per copy for the next 10 , 000 , and $ . 017 per copy over 20,000 copies. Automated Office Systems has made available a three year lease-purchase agreement which the City has the option to enter into. The lease cost is $373 . 24 per month plus maintenance at $ . 008 per copy with a $1. 00 buy out at the end of three years. DISCUSSION The copier performs satisfactorily for our needs . Attached is a graph comparing the monthly costs. The lease-purchase option is less expensive if over 19 , 500 copies are made. During October, when the machine was the main copier, copy volume was 26 , 995. The copy volume for the main copier has been over 20 , 000 since last January. The average copy volume for the main copier for the past 12 months is 24 , 969--ranging from 10 ,469 in December to 36 , 641 in January. Cost savings at the average volume is $51 per month, or $612 per year. RECOMMENDATION The recommendation is for Council to authorize the City Admini- strator to enter into a three-year lease agreement -'or the Canon NP 400 with Automated Office Systems, with a one dollar optional buy out at the end of three years. This recommendation is made for the following reasons: 1. Cost savings; and, 2 . Equipment has proven to satisfactorily meet our needs. JM : dkr Attachment W N Q U Q. W N Q • W \J Z \ O W O � O N \ O \\ O N \ O \ O M N O S O j4O N t O .Si O O \ N \ O \A O O O O \ O = O � � O O h O C, \ O d i O O `f U U O C \ O CD 1 R O O d \ b Z O O O Z LO .ti C) Z d U t O O O O O O O N O QO l0 <t N O CO t0 'I*" N O l0 l0 LAI U) In LO UY ct N O U MEMORANDUM TO: Members of the City Council From: William A. Monahan, Director of Planning and Development DATE : November 5 , 1982 RE: NPO # 5 Membership Recently much discussion has centered on the composition of NPO # 5. One of four former members requested that he be recognized by the existing NPO # 5 as a certified member. Research of municipal records indicates that the formerly constituted NPO was disbanded due to their failure to hold a meeting after City Council approval in February, 1981 . The attached letter from former Planning Director Aldie Howard shows that the members , in particular the acting chairperson John Smets , were urged to meet and discuss issues . In addition, on a regular basis city staff corresponded with the NPO concerning neighborhood issues and the need for NPO action. No action was taken. The attached resolution contains the history of the dispute and the present composition of NPO # 5 . STAFF RECOMMENDATION That the City Council pass the attached resolution. CITYOFT147APM February 24, 1981 WASHINGTON COUNTY.OREGON Mr. John E. Smets 6830 SW Bonita Road Tigard, Oregon 97223 Dear Mr. Smets: The City Council at their regular meeting on February 23, 1981 approved four members for NPO #5. Four out of seven does not make a quorum and I doubt that you could take a "legal" stand, however, I do not think that this fact should prohibit you from meeting or offering policy impact to Staff. Please strengthen your membership roaster. I will be ready to take your requests to the Planning Commission and City Council for membership appointments. You t Aldie ward L Director AHvmc 12420 S.W. MAINP.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 d` M E M O R A N D U M c TO: TIGARD CITY COUNCIL FROM: MAYOR WILBUR BISHOP DATE : NOVEMBER 12 , 1982 SUBJECT: APPOINTMENT TO THE PARKS AND RECREATION BOARD The Parks and Recreation Board currently has a vacant position, and it is my intention to fill that vacancy at the November 15, 1982 , meeting of the Tigard City Council . After reviewing applications with the Appointments Advisory Committee, and discussion with Parks and Recreation Board Chairman Ron Jordan, a recommendation for appointment has been made. It is my recommendation, as Chairman of the Appointments Advisory Committee, that the Tigard City Council appoint Mr. Charles A. Gutweniger , of 14355 S.W. McFarland Blvd. , Tigard, to the vacant position on the Parks and Recreation Board. Mr_ . Gutweniger ' s application, for appointment is attached for your review. I request your concurrence with my recommendation at the November 15 , 1982, meeting of the Tigard City Council . WAB : dkr Attachment INVENTOHY OF CI'T'IZENS Sug;'?ested for Community Service DA`'' 7 September 1982 E CHARLES A. GUTWENIGER, DDS. , MS RES . PHONE 620-9042 Id AME_ 14355 S.W. McFarland Blvd BUS . PHONE 225-8874 ADDRESS— LENGTH LENGTH OF RESIDENCE IN TIGARD 1 1/2 years SUGGESTED BY WHERE DID YOU LIVE PREVIOUSLY? Beaverton 3 years EDUCATIONAL BACKGROUND 3 years of pre-dental , 4 years of dental school , 3 Sears of post-graduate traininy. OCCUPATIONAL STATUS AND BACKGROUND Periodontist and presently a faculty member at the Health Science Universtiy, Portland Oregon PREVIOUS COMMUNITY ACTIVITY None however 7 was duty in the United States Air Forficer as well as on committees here at the Health Science University i ORGANIZATIONS AND OFFICES Presen the Academic Dismissel Council . F OTHER INFORMATION (GENERAL REMARKS) During my many assignments wh;iP nn throughout the United States as well as the word I bring this experience to the council . BOARDS OR COMMITTEES INTERESTED IN Neighborhood Planning Organization or 'the Tigard __Parks Xrslt7on: inard------------------------------------------------------- i Date Received at City Hallhf � _ Date Interviewed Date Appointed Board or Committee INSIDE CITY OUTSIDE CITY _, __ SUBDTViSLO ! ACREENE-NCC THIS AGREEKENT dated the __2h-Cday of Nnvemher 19 82 betaeez ch CITY OF TICA-RD, a municipality of Oregon, hereinafter termed the "City", and Century 21 Homes, Inc. hereinafter termed "Petitioner". +d I T N E S S E T H VVEREAS, Petitioner has applied to the City for approval for filing in WashiogtoQ County, a subdivision plat known as Cambridge Square (Phase I - Lots #1-6) located in Section -Willamette Meridian, Washington. County, Oregon; and. WHEREAS; t_ze City of Tigard Subdivision Ordinance requires the subdivider to insLatil streets, sidewalks, street lights, 'storm sewers, sanitary sewers, underground utilities and other public facilities for the development and requires the payment of fees; -and ,WHEREAS, the City has approved and adopted the standard specifications for Public Works construction by APWA Oregon. Chapter and the Unified Sewerage specifications' for the sanitary sewers prepared by professional engineers for subdivision development; and WHEREAS, the public improvements required to be constructed or placed in petitioner evelopment are incomplete, but petitioner has nonetheless requested the City to pe•rmic =ogresslve occupancy and use of property in the subdivision, and the parties desire nereby to protect the'public interest generally and prospective purchasers of lots in said subdivision by legally enforceable assurances that the public improvements will be installed as required and completed within the time hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing premises and the covenants and- agreetler is to be kept and performed by the Petitioner and its sureties, IT IS'REREE: AGREED AS FOLLOWS: (1) Petitioner shall proceed with the development, with the intent and purpose to complete all public improvements except sidewalks and street trees of said subdivision not later than two (2) years from the date of this agreement, and Petitioner is hereby bound to comply with all subdivision standards as set forth in said Subdivision Ordinance and the standard specification adopted by the City of Tigard, or as may be otharwise approved by the Public Works Department and to use only such material and to follo.7 such designs as may be required to conform thereto. (2) To assure compliance with the Cry's requirements and the provisions hereof, Petitioner tenders herewith to the City a surety.bond in form approved by the City, with liability in the amount of $ 27,690.00 a copy whereof is hereto attached and by this reference Cade a part hereof. (3) In the event that Petitioner shall fail, neglect or refuse to proceed with e worK in an orderly and progressive manner to assure comoletion within the tioie limits, on ten (10 days' notice by the City to Petitioner and Petitioner's sureties, and such default and failure to proceed continuing thereafter, the City may at its' option proceed to have the work completed and charge the costs thereof against Petitioner and Pet_=ioner's sureties and in the event same be not paid, to bring an actio- on the said bond to recover ion be brought, petitioner and petitioner's the amount thereof. In ttie event such act ureties promise and agree to pay, in addition to the amounts accruing and allowable , =ch sum as the court shall adjudge reasonable as attorney's fees and costs incurred the City, both in the Trial Court and Appellate Court, if any, or the City may, at its option, bring proceedings to enforce against the Petitioner and/or Petitioner's sureties specific performance of the contract and compliance with the subdivision standards and ordinances of the City of Tigard, and in such event, in like manner, the City shall be entitled to recover such sum as the court shall adjudge reasonable as and for the City's attorney's fees and costs, both in the Trial Court and Appellate Court, if aay. (4) Partitioner, concurrent with the execution hereof, has deposited with the City an amount estimated to equal rental and maintenance fees with respect to the street lighting facilities within the subdivision, according to Portland General Electric Schedule #91, Option "B", together with a further sum equal to the estimated cost of providing electrical energy to energize the street lighting facilities for a period of two (2) years from the date of initial energizing of said lights. Said amount being $ 88.80 (S) The City agrees to make and provide periodic and final inspections which in the City's interest are desirable to assure compliance herewith, in consideration whereof the petitioner has paid prescribed inspection fees.* (6) The City agrees to install street identification and traffic signs within the said subdivision, in considerarion of payment in the amount of $ 136.85 (7) At such time as all public improvements except sidewalks and street trees _chin the subdivision have been completed in accordance with the City's requirements, itioner shall notify the City of the readiness for inspection and upon certification• by the Department of Public Works that the requirements of the City have been met, the petitioner will submit to the City a good and sufficient maintenance bond if not already provided with the performance bond form approved by the City, in the sum of $ 5,53_8.00 to provide for correction of any defective work or maintenance becoming apparent or arising 'within one (1) year after tentative acceptance of the public improvements by the City. Upon receipt of certification by the Department of Public Works, that all requirements have been met, and a One Year Maintenance Bond, the City Council agrees to tentatively accept the public improvements subject to the requirements for correction of deficiencies and maintenance for a period of one year as hereinabove set forth. (8) That in addition to or supplementary of the requirements of the City's Sub- division Ordinance and the provisions hereof, Petitioner binds itself to conform to the following requirements, scheduling and limitations: (a) None of the lots of petitioner's subdivision as described may be occupied for residential purposes until an occupancy permit is issued under authority of the City and no occupancy permit shall be issued prior to the acceptance of the subdivision and to the time that the sidewalk paralleling the street for each developed lot proposed to be occupied, is installed as a part of the development; provided that all sidewalks as required by the plans and subdivision code shall 'be installed throughout '.d subdivision not later than 3 years from the date of this Subdivision Improvement t -itract. *Project Fee $ 874-00 Sewer Fee $ 100.00 -2- IME ae' ♦ 11t. f e- ;� j1 { tj; {,�+.t'�' , s_i 1. .� { __ i-� �'' in.IR j s>r r ..z.• �i3`y > `(b) ,A11::1'andscap n&,!- s 'on that.. portion:.:of each lot between" the pu 7.41 3 va7�ks. a� S�.r�Agired,-shall- be planted and=�in place Praia ,�,i- _•� final"irisgection`and issuance' of,- occupancy permit for.each such "lout in,=the sub= 's n_,rision.= -.1provided ithat :fix:al inspection-"and" applicant--for-occupancy:permit occurs?z�^. r� ithin.zny{calendar mon €rom.October to<April.:of'.any year,':such=:plantings; may be ` .t eferred:=until the next:; fol�owing�gsoaing-.sea cn.=- Intany.•event, :a11-Iandgcaping 'andIn '•trees an;-a1Lareas "ahall be planted,�and.-in place within :theentire subdivision withi$r 'rA ' thsee:=(3)',,years £rom-:the.£,date o.f:,th4 zsut'division i�proVementx;contract .� _ ,, t Afperitentative -City acceptance o£ thewpixblic-improvements thee` a � peeitloner agrees eo place"a• one,�;(1)�Auch� asphaltic concrete_Class °tC""'�veilay oa Ai �:_...... 1 , =roads within that"de�ielopme n tm;.p laceuiait scheduling'to be. pp�oved liy•t a qty. • '. ."_ „�:1: rte_ J �"' .: '-. _. .. f ... •' ... .' Y`�•... t (d) .:;Compliaace.withal •-terms-and provisions specified.`.thereto£or said.=. L subdivision development-by;*the Council'�and=the Planniug .Commission of. the=,City Tigard, Oregons a�nregard to variaace's`_:a11 wed from the.subdivision- ordinance, con- i ditions specified-by the zone use classification and,`.also, on.-the approved plat(s) and plan(s). (e).: Petitioner' agrees -to provide for correction of any .defective work and/or 'ma, becomiag-,appareat or arising during=the- givarautee-period as here inabove set forth. T (9) At such time-as allr..publi.c- improvements have-been completed in accordance . with the City's requirements', petitioner shall notify the City of the readiness for- f. or-finspection and upon certification by the Department of Public Works that all r airements of the City have been met, the Council agrees to accept said.-improvements ff operation and- maintenance responsibilityathere inregard, and release the petitioner's guarantee bond. t (10) The parties hereto hereby adopt the form of performance bond, copy whereof +4 is hereto attached and by reference made a part hereof, and petitioner agrees to cause to have said bond executed and filed-with the City concurrently with the execution of this agreement at or prior to the time this agreement is executed ba'behalf of-the (11) The specific requirements of Paragraph 9 hereof shall for all_purposes be included as a part of the obligation secured by the aforsaid performance bond and the City shall be entitled to recourse thereto in the event of default on the part of the petitioner with respect to any requirement thereof. IN WITNESS WHEREOF, petitioner acting by and through its duly authorized under- signed officers pursuant to resolution of its Board of Directors has caused this agreement to be executed, and the City acting pursuant to resolutlaof its Council adopted at a meeting thereof duly and regularly held on the I/ of , 1981, has caused this agreement to be executed by its' Mayor sndZ_Wcorder. CENTUR21 �ipM^S; By: % By: THE CITY OF TIGARD, OREGON By: { Mayor By: f Recorder -3- I Q ISM ff�WRRF .ATE Ote'. OREGON ) " ) ss. da of November (1982 Cuunty of Washington ) On this 2nd — Y 'before me .appearedDAVID L. :DRINGDULPH :, arxd to me'personally nown, :who, sing- u yiiswnrn-,: L say t. a e,St e.•.Sai nevTn t '`nR1N 1)ULPH a - . 1s -the . president xdx Acxzickt�eXXRAdA xxxxzxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Ysxf�xeci-i�ncxxxzxxXxxzxxxxxxxxxxx of k �& the within iiaiiied 'Corporatgon,=.an that^the- sea�•�a fixed to sax instrument is _ the corporate. seai�sof said: �:orporation, and that'- the. said instrument-,was-, _ signed- and sealed=.in•;-behalf- of.'.said Corporation by authority of.: its.,Bard. of Directors, and . • -1nin PH acknowledged said instrument- to e the free acts an ee o saa Corporation. „ ... .. IN TESTIMONY WHEREOF, I have hereunto set my-- hand and affixed my official seal the day and year last above written. Notary Public for Oregon. } .�;f•, My Commission expires Qctnhe,r 27. 1986 - e STATE OF OREGON ) ss. County of on this day of , 19_, before me appeared _ and , both to me personally known who, being duly sworn, did say that he, the said is the Mayor, and she, the said is the Recorder of the CITY OF TIGARD, a municipal corporation and the said and acknowledged the said instrument to be the free act and deed of said municipal corporation. IN WITNESS i-MER OF, I have hereunto set my hand and affixed my official seal, this day and year in this my certificate first written. Notary Public for Oregon My Commission Expires: LETTER OF COMITIIFNT (Performance Bond) We have received from FAR WEST FEDERAI cAVTNrq AND I nAN (lending institution) a loan commitment in the amount of $ 27. . 690-.00 , to finance the improvements of a subdivision located in the City of Tigard , said subdivision being commonly known as Cambridge Square This loan commitment is specifically for con--, struction purposes for: KXxacxCxxx (strike- preceeding inapplicable part) 1) public -streets, including driveways, aprons, sidewalks, lighting and curbs 2) sanitary and storm sewers 3) domestic water 4) under- ground telephone and power 4) gas S) landscaping. All such improvements are to be completed in cogformity with City approved construction plans and the sub- division compliance agreement thereinregard. We have agreed that disbursements of the $ Z7,`9o'F9will be made in accord with the following schedule upon completion of each, or all, item(s) ; but not including the hold-back described below. ITEM AMOUNT Site Preparation/Grading 63 0.00 Concrete Curb 2,230.00 Street (base rock, leveling rock, base A.C.) 02 0.00 Sanitary Sewer & appurtances 5,8 0.00 Storm Sewer & appurtances 2,970-00 Water Line & appurtances 3,Soo.00 Q Gas Line & appurtances --- Underground Telephone & Electrical , 2 0.00 Concrete Sidewalk & Driveway Aprons _ , 30-00 Asphalt (street overlay) �,0,0.00 Street Lighting 600.00 Miscellaneous (pathways, landscaping, mailbox clusters, etc.) We have entered into a Subdivision Compliance Agreement" whereby we have agreed to install all improvements in accordance with the requirements of the City of Tigard and we are hereby authorizing you to hold the above-stated funds to pay them to us only when the following has been adhered to: That the City of Tigard has provided certification acknowledging completion of any or all work pursuant to the above itemized schedule of improvements. Pursuant to the above schedule, 20% of the commitment funds (i.e. , $5, 538.00 ) will be held back through the normal one year guarantee period or until final City Acceptance of the project takes place or until the City is provided with a separate maintenance bond, effective for said one year period from the date of Council tentative acceptance of the work, to assure continued freedom from defects, and maintenance, during the guarantee period. s c Page 2 Letter of Commitment e 2 Concurrent with the final release of these funds, establishment proceedings will k be instituted. 'x It is understood and approved by all parties of concern to this letter of commitment ' that the City of Tigard shall have first claim and priority to the sum of $27, G 9�•�, i 'r less disbursements approved by the City of Tigard, in the event of any defect(s)/orq failure(s) to correct such in the construction of the required improvements. } It is further understood and agreed that the aforsaid priority of claim is paramount to all parties including the lending institution making the loan and that the lending institution has covenanted and agreed that the sum of $ 07, 4 90 00 less disbursements approved by the City of Tigard shall be held available to satisfy any aformentioned claim by the City notwithstanding default on loan by borrowing party or termination of loan by lending institution. DATE= Roy mP ber 2. 1982 Sincere yours, Presidelnt Approved and Accepted: �Fede�ral Savings & Loan CENTURY 21 HOMES, Inc. b (Le_ ing ns ution) BY: Vice President (Attach notary information and (Title) signature(s) authority) k STATE OF OREGON ) ss. County of Washington ) ; i On this 2nd day of November, 1982, personally appeared before me the above named DAVID L. ORINGDULPH, President of Century 21 Homes, Inc. , and acknow- ledged the foregoing instrument to be his voluntary act and deed on behalf of said corporation and by authority of its board of directors. E 1 Notary Public for Oregon Oregon My Commission expires: October 27, 1986 k Page Three Letter of Commitment STATE OF OREGON ) MULTNOMAH ) SS. County of 9&_c0 ggtGR) On this 3rd day of November 1982 , personally appeared before me the above named Thomas o Siostrom who did say that he is the Assistant Vice President of Far West Federal Savings and Loan, the within named lending institution, and that said instrument was signed in behalf of said lending institution by authority of its board of directors and he acknowledged the fore- going instrument to be the voluntary act and deed of said lending institution. Notary Public for Pregon My Commission expires: My Commission Expires May 12, 1986 1 i F7 Q� Approved: L. E. George MCH:pf 10/5/82 Revised: 10/13/82 Misc. Contracts & Agreements No. 7749 COOPERATIVE IMPROVEMENT AGREEMENT PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCE 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"; the CITY OF TIGARD, a munici- pal corporation of the State of Oregon, acting by and through its City Officials, hereinafter referred to as "City"; and J. B. BISHOP, a company authorized to transact business in the State of Oregon, acting by and through its Company Officers, hereinafter referred to as "Company". W I T N E S S E T H t RECITALS 1. For the purpose of providing an acceptable traffic circulation pattern on public highways and roads in the vicinity of a proposed com- mercial development on property owned or controlled by J. B. Bishop, the State, City and Company plan and propose to install traffic control signal equipment on the Pacific Highway West at M.P. 9.53 (Company Access), in- cluding an interconnect system to the existing traffic signal system on the Pacific Highway West, hereinafter referred to as "project". The instal- lation will be financed 100 percent by the Company with no expense to the State or the City. 2. 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 . 3. By the authority granted in ORS 366.425, as amended by Chapter 365, Oregon Laws, 1979, State may accept deposits of money, or an irre- vocable letter of credit, from any person, firm or corporation for the performance of work on any public highway within the State. When any money or a letter of credit is deposited, the State shall proceed with the pro- ject. Money so deposited shall be disbursed for the purpose of which it was deposited. i I. c i 4. By the authority granted in ORS 366.770 and 366.775, the 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 con- tracting parties. NOW, THEREFORE, the premises being in general as stated in the fore- going RECITALS, it is agreed by and between the parties hereto as follows: STATE OBLIGATIONS 1. State shall , at Company expense, conduct the necessary field sur- veys and traffic investigations, identify and obtain or issue the required permits, arrange for relocation or adjustment of any conflicting utility facilities, perform all preliminary engineering and design work required to produce plans, specifications and estimates, advertise for bid proposals, award all contracts and furnish all construction engineering, material testing, technical inspection and project manager services for admini- stration of the contract. The traffic signal installation may be accom- plished by the use of State forces, by contract or by any combination of these methods, as State shall elect. 2. State shall , upon completion of the project, perform all necessary maintenance for operation of the traffic signals at no expense to City or Company, and shall retain complete jurisdiction and control of the timing established for operation of the traffic signals. 3. State shall , at Company expense, lay out and paint the necessary lane lines and channeiization, and erect the required directional and traffic control signing on the Pacific Highway West and the unnamed con- necting city street at M.". 9.53. 4. State shall compile accurate cost accounting records and furnish Company with an itemized statement of actual costs to date at the end of each State fiscal year. When the actual total cost of the project has been computed, State shall furnish Company with an itemized statement of said final costs, including preliminary and construction engineering, contractor payments and all contingency items attributable to the project. CITY OBLIGATIONS 1. City hereby grants the State the right to enter upon and occupy city street right-of-way for the performance of necessary maintenance of the traffic signal equipment, including vehicle detector loops. 2. City shall maintain the asphaltic concrete pavement surrounding the vehicle detector loops installed in the unnamed city street in such a manner as to provide adequate protection for said detector loops, and shall adequately maintain the pavement markings and signing installed in accord with the plans and specifications. -2- i 3. City shall , upon completion of the project, accept all responsi- bility for, and pay all costs of electrical energy consumed in operation of the traffic signals. 4. City shall adopt a resolution authorizing its designated City Officials to enter into and execute this this agreement, and the same shall be attached hereto and become a part COMPANY OBLIGATIONS 1. Company shall , upon execution of this agreement, forward to State an advance deposit in the amount of $9,500, said amount being equal 100 percent of the estimated total cost of the preliminary engineering a nd design work for the project. 2. Company shall , within 20 days following the opening of con- struction bid proposals, forward to State an advance deposit in the amount of 100 percent of the estimated total cost for construction of the project. No contract shall be awarded or work commence until said advance deposit has tbeen rceived by heecourse of the tproject, the e. In the vState ent hmay at crequest ost radditruns iidentified additional � during ng deposits. Upon completion of the project and receipt from State of an itemized statement of the actual total cost of the project, Company shall pay any amount which, when added to Company's advance deposits, will equal 100 .� percent of the actual total cost of the project, including preliminary and construction engineering, contractor payments and all contingency items attributable to the project. Any portion of said advance deposits which is in excess of the total actual cost will be refunded or released to Company. 3. Company shall provide the necessary right-of-way and easements for any required roadway widening and for installation and maintenance of the traffic signal equipment. -3- GENERAL PROVISIONS 1. State, City and Company agree and understand that a mutual review of the plans and estimates will be conducted prior to advertisement for construction bid proposals. 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 matter pursuant to Resolution No. adopted by its City Council on the day of , 1982. The Oregon Transportation Commission, by a duly adopted delegation order, authorized its Chairman or Vice Chairman to act in its behalf in approving this agreement. Approval was given for this agreement on by , which approval is on file in the Commission records. The delegation order also authorizes the State Highway Engineer to execute the agreement on behalf of the Commisson. APPROVAL RECOMMENDED STATE OF OREGON, by and through its Department of Transportation, By Highway Division Region Engineer By State Highway Engineer Date J. B. BISHOP, by and through CITY OF TIGARD, by and through its Company Officers its City Officials By By Mayor Title By Date City Recorder -4- C>Z � M E M O R A N D U M TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: WATER STUDY COMMITTEE DATE: NOVEMBER 12 , 1982 SUBJECT: 90-DAY EXTENSION OF WATER CONTRACT i t i The Water Study Committee, at its regular meeting of November 10, 1982 , voted unanimously to request that the Tigard City Council pursue a 90-day extension on the water purchase contract with the City of Portland. The Water Study Committee respectfully requests that the Tigard City Council pass a resolution requesting the 90-day extension at their meeting of November 15 , 1982 . As Chairman of the Water Study Committee, I expect to attend the November 15 , 1982 , City Council meeting, and can then answer any questions you may have as to the request before you. � �4:ek Bruce P. Clark, Chairman Water Study Committee BPC: dkr P I E i G r i i MEMORANDUM TO: TIGARD CITY COUNCIL FROM: E .T. Walden, Building Official DATE: November 10 , 1982 SUBJECT: Tigard High School Building Permits Tigard High School has for the last four years conducted a class in Home Construction at Tigard High School. They formed a non- profit organization called Building Construction Careers Inc. and as part of the program constructed a new home each year. This has proved to be a great benefit to a number of High School Students . Last year, the City Council waived the permit and plan ' check fees. This year the High School has requested this beneift again. They will pay the sewer hook-up fees and the street and park development fees, also the plumbing and mechanical permits. If the Council desires to waive the fees again this year , the staff would recommend this action. s November 10. 1982 g e MEMORANDUM r TO: City Council FROM: Doris Hartig. City Recorderu SUBJECT: Liability Insurance Renewal Attached are the quotations for Liability Insurance Renewal. It is recommended to staff to receive and approve the quote from Gulf Insurance F Company which is well within the amount budgeted for in the 1982-83 Budget. f fi pm 4 i 3 (File 0333A) r a t e 4 7 i R t 1 F r S F t t y�...._ �`�• ata � �{g�" "}���}•s'> }yam• ,N - �' irL.i.�.� ''t �Y,{ � _ } •� � " i1 � - r ttt J1f' Ij' ` •Vii. 5 �" d� �F f S^Yw�M �J� �`�� J .K. 7C Yt:�'4C •S ,�1' r• Y,,� �' 1 ti (r•� t i �, t ..+- r �rw r ) r- :�r r. � c r r�Fi 3 .�y z rY,+'�' i,jE.�. ',.;Y. r E�' �"' '.k $ .F-2'rt+ � U �� rL +�i-��•1?�i•ti�r's-� ''".. j .r�. ^� t.a .r rr �:'Ltti. '`� r t-r , r_. - r -. .. j.� .�T-y � ..; .1;5•t, -. it y( ( r .J .,fir+' ��• r :.2..�_ '`r f'i�l�Al lwT•��,Xf" "a �} � � t -S :.�ri t. r c11c•Ai � � „y;rh• f }a�,�� '.1 „i, .t, 49'r; (Jt ,la+�� •Pa,; f r r�r `L N. � gy'�r�a•.�,;.i ;fit i t"f�'�.. 'T+Zi:'2. -_ i r.F'� � 1�l t .: ="Th-�.�,.{{S -t 4v t �.. > ''°`` i f3 - �t'�a' ��•r' - J.u•.f�r '' L 1 gy.. 44.��3.,t�.,.. S -1 ` >. J _ � at' �a. ..^ r Q r; r t r - s t �, Y+='C� a r•"� fi^'f t - 1 d` zy . r ,i 1 X23 ' ' � �,j'�y,. � „fir �Y 1 )- _ ,t 'Ni j.•�' r `� Y� ����pa� �t 7 {r� �� 1 7 a Y v=t�: ,� �����„�'�/>.ji ),r�(, t3`- ���r� .� r`k'��V�.r� r,. -• .n �:� )� y *, t'• 3 '� V• Y J ct lis' - S •"K '. '1 i t ti x 3 -r�A.-n .. ] �y� 't r s+ +� w'a� ,•' ':f }r- , �v r�. 73' s� S .•5 SFr- ^�;,��"�k .t�Q s.s, � v-� '+' ti .r.. _.c. 3s ct" `- `:Y�.'' � F- i+..:`�-. ... � '21�r-._1-L..•_ �,_ ).F.yy. :��j� 4 ��^� ... s ri..��:'6. X„�KaC QTY OF TIGARD TIGAM, OREGON Liability Insurance Prcposal November 5, 1982 - 1983 Leonard Adams Company 11420 S.V"anyon Road P.O.BO`x AA =' T „r -� z •8eavgrtoOreg 97005 d P r±l Y t�' .- y C+!•rN _�F.oP3 d +LSU]? 44G ' .r a -•--4 '.—' i-". �r '� _ 1�.� ! /r.r ��.�1� rt""r• .�. � i� � 4X4 S y.. 4 �f,�. � s''' ''y P r%•�" _..,• L 3.: � .e��'' � r 3-licb"gq � • '4l •/ I l 3:° ♦ {• t�" S.A' 4 3 I .� .L c� r 1•:Y i4'1;r:'.� t .�, 1�.i t 3•a ,,y v:^b. i •'"o t Ala "'rT 7 J 1 �j: � '.� -:1 s tj: ..� � •S'� tc� ;r ! .k Fy YL �i �..> t � ✓.�' ti1 �4r-/<. 7 �. r. f. 1,rZ '1•y.� 1.}^. < tc y. k h_. ,ter+ '�i,{z 7 .�. Y ?c i';cArr J � r s.3 •.}.� � ,�,rl l: r .f ' -• act 4 S r1 � �_�'i 1���t.i! f :, j s.. ` � � Com. fr. i f- - + +^ r .+,c 'r-7- :.t 'r s L t � t�.s }t �,S'• � jc - r . a t..ir .. :r'ar Ei�'s"s'°•�t..Ilk r i�i�''� yb .��}h�• c` �'�§ _ 1. -t.s�c• t "r.j.`:F` - 7 �-y. + MSURANCE Prupa6 L'.: �; o LIABIII' .-INSURANCE PACKAGE f 14overcber, 5, 1982 1983 �.�r I 1 '�• J �. 1.RY I 1 6 _7 � M' .. 5 S ` i Y t Quotation Frau League of Oregon Cities - General Liability Insurances -T Limit-OCE L. 3-ability $100,000 Bodily Injury per person 300,000 Per occurrence 50,000 Property Damage Per occurrence Coverage: Premises & operations liability f Products & carpleted operations False Arrest Errors & omissions Civil Rights Ccntractual Autcmobile Liability Insurance Limit of Liability $100,000 Bodily Injury per person 300,000 per occurrence 50,000 Property Damage per occurrence Coverage owned and-nonowned autrn'ObileS�- � •._ �., ysical-damage on vehiclesa s• Ltnbrella'�..�_aYiility .- Limit of Liability $1,000,000 Annual. Premium, $20,954.72. League of Oregon-Cities y Administrative Fee 208.89 $21,163.61 ".el PF:; Elm RE- M zA K 39; RJCW7qWx--- ff-W rs"'k- All MERWI W R -k AWN, ,gm - 0 -Q..�71 7�ve• Ny A �?R `;MliM � "F'n isi ON I ir —--1.5- -*- i -, , --'s tpn, �..�iawd -3/Um =214-9 1P � S 31------, 'ar -7v EVA a. z rr llm-�i 0�. iia o V. MWIF-RA ..I Zoe • Die .�rr C.iT:iTLS AUDIT FOR CITY of TIG%RD-----October 25, 1982 AVIO LOSSES - - -- — YrE or TOSS CLAIMANT DESCRIPTION NADUNr PAID OC'I.N- 'TCr.;:n L2-1-75 Michele Manasse clmt rearended insured none cl.osesl %-1/0 p. y —2-11-76 ? insured backed into #2 $30.00 closed. ,f- 4-7-76 insurt�d right door glass broken $31.75 cloy xl C 3-31-76 ? insured made u turn hit $1,962.03-PD closed #2 $ 592.40-Coll 8-24-76 insured unknown kicked dent in $69.60 closed police car 11-3-76 1tinrnie Holmes #2 made left turn in front $293.50 closed of insured 11-2-76 insured bicycle tore seat when $15.00 closed officer put in back seat 11-2-76 insured suspect kicked door $47.75 closed 11-15-76 Dorothy Moxley ? none closed w/o pay 12-9-76 insured officer hit black ice, $2,349.62 closed hit bridge railing 1-21-77 Grace Winegarden insured turned left in $1,228.11-Coll closed front of #2 $3,008.11-APD $111500.00-BI 11-2-77 Vance Hoyt pedestrian hit by insured none closed w10 pa 6-13-78 insured insured slid on pavement $535.29-coli closed $623.49-PD 8-20-78 William McCauley #2 made left turn in $573.90-0011 closed front of insured 80% subro recovery 8-16-78 Parry Anderson insured backed into #2 $124.80-PD closed 8-24-;, S Anna Frank insured backed into #2 $357.06-PD closed parked car 10-31-78 Steven Graham insured backed into #2 $138.08 closed parked car 10-4-79 Wakehouse Motors insured on emergency- $2,981.29 closed #2 failed to yeild 3-8-80 insured insured slid on wet $2,557.34-Coll closed pavement-hit embankment -13-80 insured varr3alism to insured $118.00 closed auto 5-18-80 Edwin Greer insured ran red light $804.00-Coll closed C hit #2 $2,418.95-PD 7-80 insured vandalism to insured $1,478.00 closed auto 8-29-80 A.J. Wedding insured rearended #2 $139.20-PD closed 4-8-81 Darryl Kennedy insured rearended #2 $131.95-PD closed 11-5-81 Bev Lawlor insured backed into #2 $167.35-PD closed 10-11-81 insured #2 failed to yeild-hit $1,148.49-Coll closed insured 100 : subrr. recovery Cl-kUmS ,'LMIT FOR CITY OF TIGARD---------October 25, 1982 cont. AUTO LOSSES DATE OF LOSS CLFLTMAJiT DFSCRIPTION nr✓O MP PAID nt,t ;_(•i,'?='l 11-4-81 insured #2 failed to yeild $3,267.66-C,oll clos-ed li-14-8= inic;uryd insured hit fallF.n $1,150.81-Co].1 tree 1-3-82 James Prouty #2 failed co stop none clo:�;Od v:/o Ik1y hit insured 4-1-82 insured #2 slid into insured none closed %:l/o !:,,ay parked car 1-14-82 John Welter insured hit #2 parked $135.00-PD closed car L CLAM-IS AUDIT FOR CITY OF TIGARD,---------Jt.ber 25, 1982 FALSE ARREST CLAIMS i-J-)35 f DESCaIPTTon 0� 5-14-77 Joseph Derl-ley false arrest none closed vi/o pay i 19-80 1:,Iyrz-ond Beasley false arrdst $350.00-DI cl-., $202.00 expense 12-13-78 Patricia Berrier false arrest $129.00 expense closed w/o pay 3-18-80 Patrick Edwards cimt alleges injuries none closed w/o pa due to handcuffs 6-9-80 Linda HurlbUtt c1mt alleges mistreatment none closed %-J/0 L-Y by officers 8-31-80 Larry Allison false arrest none closed w/0 pay 9-12-80 Michael Schrreck cimt alleges slander $593.78 expense closed v7lo paj by officer 11-4-81 Michael B. Rush false arrest $750.00-rI closed C12-28-81 Robert Lynn Anderson clmt alleges injury none closed %.710 paj due to arrest CU1,L-S'I�CJDI;i FOR CITY OF TIGARD--------0ctobPY 25 1982 PROPERTY LOSSES 11-28-79 fire damage to sewer plant bldg $3,187.61. 9-10-82 water pipe broke in ceiling- none clo-sCd damaged contents DEC 1 19$2 November 2, 1932 UL lr ; : � Mr. Brian Dooney Leonard Adams Company P.O. Box AA Beaverton, Oregon 97075 Subject: City of Tigard - Dear Brian: This fol l ovis up on the request that I had from Bob Jean and yourself to elaborate on some points that were brought up for questioning : lurt Liability - Anti Trust Liability All that I can say in col ,-tent on ttlisiss tTiat we ave e en e nt! Trust suits, for the same county where Tigard is located. It is munderstanding that this is done on themy basis of our policy language which under Tort coverage (E & 0) says and the company shall have the duty to defend any suit against seeking damages on account of breach of duty, even if any of the allegations of the suit are groundless"- Tort roundless".T ort Liability. On the policy and the renewal policy there is a form called GL-23 which enumerates the Tort coverage, as well as the reference to tine Federal Acts that are included in our coverage. Puolic Officials Liability Insurance. In looking over the presenta- tion that came rom tie nternationa City Management Association , I noticed that this is tiie old "public officials liability" coverage that has been available in this state from such sources as International Surplus Lines Insurance Company; Transit Casualty through Bayly Martin and Fay (International Association of Chiefs of Police); the Republic Insurance Croup; Unimark - McDonald's, Inc. of Dallas, Texas (the old ICMA deal ) and other Association sources. This incidentally is an officials policy, just by itself, and there is no other coverage included in the policy. So, a comprehensive policy would still have to be carried else- where and this spreading of coverages over different carriers is perilous. Most of these policies are on a claims-made basis , while our form gives. an extra 24 months discovery period after termination. It is based on the "wrongful act" form, nfi i ch you will find on our policy too. Very often these policies exclude boards of utilities, which might leave the water department of the City of Tigard up in the air. It gives $1 million dollars worth of coverage while in Oregon the City is only liable for $300,000. All the coverages that this policy would dive are already included in the PS policy that Tigard has now, for it' s officials , directors, employees, etc. g AOX x Faye 2 Mr. Brian P.00ney November 2, 19112 f: Attorney's Fees. As I indicated during our lunch, we now have an extension avallable on the PS policy which would give attorney's fees coverage, if the city Is sued in an action that does not involve "damages" . The cases that come imnediaL-ely to mind would be actions such as inJunc- tive relief or declaratory judgment. If there is interest in this feature, we will be glad to quote this addition. 4 Hope that this will answer your questions. _ s Sincerely, J.G. NEhfMAN CO. � Charles de Greef 3 CG:jh . T Mimii f 4 } 1 t #'e 7 t S 3 { I November 12, 1982 He MO DUM TO: Mayor & City Council FROM: Joy Martin SUBJECT: T.U.R.A. Advisory Committee Report Six members, one staff member and one guest met on November 10, 1982. The following points are from the major discussion: 1. Members should encourage people to volunteer to serve on the committee since new appointments need to be made. The majority of the members present expressed a strong belief in the need to improve the downtown area for future economic growth. The negative attitudes are often due to misunderstanding tax increment financing, not realizing the plan is a limited plan controlling urban renewal, and without improvements the cost will be greater in the long term for all of Tigard. with tax increment financing, the cost is at a minimum, and the benefits are much greater. The committee needs TURA•s support. 3. The tax increment financing official city poll was discussed again, the Committee feels Council should believe this is the best thing for Tigard and should therefore support it. JM:ch 1 .t E i r� ! ti c i E t November 10, 1982 MEMORANDUM # a TO: City Council FROM; Doris tlartig. City Recorder SUBJECT: Ordinance Regarding Fire Code Ameadment for Washington County Fire t District ail i The attached Ordinance regarding Fire Code Amendment for Washington County F Sullivan and Ed Walden and is presented to Fire District #1 was reviewed by Ed you for adoption. Staff recommends adoption of the Ordinance Regarding Fire Code Amendment for Washington County Fire District #1. Pm (File 0333A) T November 9. 1982 MEMORANDUM TO: City Administrator FROM: Chief of Police SUBJECT: Ordinances scheduled for City Council Consideration November 15, 1982. Be: (1) Agenda Item G: Dob Control Ordinance Amendment (2) Agenda Item 7: Antique Dealers, Secondhand Dealers, Scrap Metal Dealers, and Precious Metal and Gem Dealers Sir: Request the above two agenda items be withdrawn at the time due to the following: • Washiagton County Council will be amending their Dog Control Ordinance in the near future. Their ordinance is the same as the City's ordinance at this time; therefore, it is not timely to mate the changes I have recommended, until the County ordinance is amended. e There is a conflict between the Antique. Secondhand, Scrap Metal, and Precious Metals and Gem Dealers ordinance and a companion ordinance that addressed Transient Merchants to be recommended at a later date. There is considerable overlap and an inconsistent fee schedule between the two ordinances. In review of these issues with the City Attorney it is felt that the two ordinances can be combined and resolve the problems mentioned above. I hope to have these ordinances in order and rescheduled -or December 20, 1982. Respectfully, �R. �Adamsea_ ,t Chief of Police pa cc: City Attorney November 9, 1982 MEMORANDUM TO: Members of the City Council FROM: William A. Monahan, Director of Planning & Development RE: Appeal of S-4-82, 2C-12-82 Sunnyside Estates The Robert Randell Company has filed an appeal on the above named application denied by the Planning Commission on Sept. 7, 1982. The applicant requests that the City Council review the decision and remand the decision to the Planning Commission. The applicant requested a zone change from R-7 to R-5 Single Family residential as well as approval of a 25 lot subdivision on 3.89 areas. Staff recommended denial based on findings that the proposal violates policy 2 of the adopted NPO #6 Plan and the F, -oposal is not compatible with existing surrounding land uses. Attached are the following: 1. A copy of the transcript of the Sept. 7, 1982 Public Hearing 2. Staff Report - Sept. 7, 1982 Planning Commission Meeting 3. Minutes of NPO X66 June 17, 1982 meeting 4. Staff Report - earlier consideration of the proposal when it was titled Golf Side Estate on February 20, 1982. 5. Site Plan 6. Title of Appeal, October 5, 1982. ch Page 1 SUNNYSIDE ESTATES ZONE CHANGE ZC 12-82 SUBDIVISION S 4-82 President Tepedino: I have the staff report Associate Planner Newton: This is an application for a zone change from R-7 to R-5 single family and request for approval of a 25 lot subdivision on 3.89 acres. The property is located south of Sattler and east of 100th in NPO #6. In 1979, the City Council approved a zone change from RU4 to R-7 and in 1980 the Planning Director approved a 15 lot subdivision in the R-7 zoning for the property. The subdivision being proposed or proposed to staff by the applicant is shown here. There are 25 lots. The applicant or the staff reviewed the application with NPO #6, reviewed the application with other city staff , Public Works Director, Building Official and after a review of the area and the review with the NPO #6 policies, staff feels that this layout does not suit the character of the area and it violates Policy 2 of the NPO plan and therefore recommends denial of the zone change in the subdivision layout. President Tepedino: OK. Thank you staff. Is there a report from the NPO please. Jane Miller: I'm Jane Miller and I live at 10920 S.W. Highland Drive and I have been asked by the Chairman of NPO to read the comment. NPO 6 does not support the zone change from R-7 to R-5. The NPO feels the zone designation should remain as R-7. Further, the NPO feels that the flag lots and increased density does not suit the character of the neighborhood. The NPO voted unanimously to support the original subdivision plan for 15 lots approved on February 20, 1980. President Tepedino: Thank you Mrs. Miller, I appreciate that. President Tepedino: Is there a report from the C.C.I.? (no response) . OK. May I have a report by the applicant please. Presentation by the applicant. John Gibbon: Ladies and gentlemen here, my name is John Gibbon, I am a staff counsel for the Robert Randall Company and here the proud recipients of the famous or possibly the infamous and soon to become infamous Randall diary which we plan to submit to all Planning Commissions and other bodies at any time. There's one for each member of the Planning Commission there at any time we make an application Page 2 President Tepedino: Mr. Gibbon, let me ask you a question. Is this just a recapitulation of the historical events? Mr. Gibbon: It is a recapitulation of the historical events in the matter of the Gulf side Gulf side subdivision. President Tepedino: OK because we would not accept any new matter but since it is a recapitulation it's more than regular history I guess. Mr. Gibbon: Yes and I think it's a valid type of item to be for any group when they consider an application like this. And I think this one summarized briefly will a show you that there has been a variety of false starts and mixed signals that have come from uh public agencies and the economy and everything else and the development of this particular piece of property what it basically boils down to is we come up with about three different plans based on two different ways of designing a sewer system for this particular piece of property. Right at this point we have a commitment from the Unified Sewage Agency in the City of Tigard that we can hook into the Summerfield line located at the southwest corner of the property and frankly, we're a little bullish on t the economy and we'd like to build the subdivision this fall, if at all possible. Uh. .. I think there should be a couple things added to this diary just so we know exactly where we stand. I think under the listing of fall of 1980 you should note in September of 1980 bonds were given to the City of Tigard for the to pay for the subject improvements for the 15 lot subdivision referred to earlier and those bonds will expire this month unless they're expended. Um.. ..and secondly, you should note in December 30, approximately of 1990 a plaque notice the Gulf side, that's with a G u, was recorded at Washington County for this piece of property and I think if we get nothing else accomplished here tonight we would like to get the name changed because I don't know where the nearest Gulf is but we sure would like to get some changed bad. Maybe it is the Gulf between us and the neighbors. I hope not. Um. ... .to go on and briefly state again. The situation that we're in is that we have gone s_hrough a long and torturous process and laying out where we are going to put our sewer for this particular piece of property. At one time we intended to hook into the line that's located in Summerfield as I said to the r southwest part of the property. Somewhere along the line, and I frankly don't know why because I wasn't involved in all of the negotiations, they Page 3 John Gibbon: decided that that wasn't going to be feasible and we went out and acquired or thought we had acquired an easement from the property owner adjoining us from the east so that we could bring the sewer line through and hook into an existing sewer in Lakeside Drive which is to the east of 98th Avenue. When the economy went sour and the deal didn' t go together as quickly as we'd like to, the property owner recinded that transaction. So out of the last fall we were in the situation of not having the sewer. At that time it became apparent that TDC wasn't going to get the Summerfield trunk line built on the schedule that they had committed to a number of years ago so we entered into negotiations with the City and Unified Sewage Agency to acquire access to that that line and had been told by USA that there is adequate pumping capacity to handle the sewage from this particular property at this time. Uh in the range of 22 to 28 units on that property. So at this time our plan is to hook into that sewer line. And with that plan came a determination that given the market conditions that have redesigned the subdivision to accommodate 5,000 square foot lot was what our company felt was best in the market at this time. Uh so we have gone through a process since then working with the NPO and other people in developing this site with our these goals in mind for the Randall Company. One is to utilize that sewer line. Two we thought to minimize the use of attached homes or units in this area. We didn't feel that we really wanted to have anything but a single family subdivision here. I suppose you might think that's a little bit of break with tradition from the Randall Company but I don't think if you really look at our record as a subdivision developer as opposed to a condominium then a harbort(?) developer you would see that that is really two different we've used we've developed at a variety of densities. Uh . .. and. .. .but I think that underlining all the densities that we've come into and applied for in the past is the fact that we are looking to develop urban land to an urban standard and produce good neighborhoods. Um... I think the third goal that we had when we came back with this 5,000 square foot plan was if you're familiar with the topography of this particular site and because I was very interested in the property at the time having at that time I was living on the house there, we were looking to maximize a solar — the number of solar lots on that site and it is the property to what would be the north side of Kable Road that we analyzed has the right slope facing Page 4 John Gibbon: south to take advantage of this solar potential and we would like to see the number of lots increase in that area. I think that as we went through the process of 1) analyzing the market and 2) talking with the neighborhood, we came to the conclusion that another goal that we should have is to minimize the use of unimproved flag lots in a subdivision. Our lot salesman who has done a tremendous job for us in the last year and sold on the order of 600 lots has said that he just doesn't want flag lots that don't have improved driveways on to try to sell. And so he urged us to look to plans that layed out and put in as private drives the flags. Uh. . . . and then finally and then keeping with our goals to bring things up with to maximum urban standards we sought to maximize our lot yield and at the same time we have sought in our negotiations with both the NPO and with the staff to look to something that would produce some good livability for the site. Uh. . . we came up with the 25 lot plan you have before you but I think that our body line in this is we need the flexibility of the R-5 zone change. Because of considering the other goals that we have and considering the neighborhood and the configuration of the site we need that flexibility but we're not married to that 25 lot plan and have some other proposals for you tonight and develop working with staff that we would like you to consider.. . . I think the main thing we are looking for tonight is some certainty I mentioned. ? The zone change and some idea and what everybody is can come to a concensus as the good number of lots for that site and then we'll get down to the P's and Q's of getting a final layout done and getting on with fulfilling the subdivision. And I'm going to turn it over now to my planner from Waker & Associates, Joe Walsh, to give you some more ideas on the constraints and the other issues that would come into the foreplanning. Joe Walsh: As John said, my name is Joe Walsh and the Planning Director of Waker Associates in Beaverton. And we have been commissioned to take a look at this property and redesign it to what we believe is the neighborhood need and the property owners wishing itselves. If I can just take a minute I will put up a couple of examples or that illustrate more clearly more where the property lies in relationship to the surrounding neighborhood. If I can just talk up here for a second, I will try to Ctalk a little bit louder. Um... this is our plan right here of the 25 lots and I'll get into where and how we arrived at that a little bit earlier but ti a y Page 5 t Jae Walsh• since I'm up here I'll explain right now. This shows some possible building site locations as far as the plan shows itself. Until the named public street, which is already dedicated, Kable Street, and can use some improvements to the named driveway, which in the shaded areas here, here, and here, to allow for access to our lots on both of these already areas served. They are they all have public access to or access to a public road but improvement is done by the developer in the shaded area and we _estimate the wide ? be the driveways to end of ? itself But you have access to all the lots and apparently weight the problem with any flag lots ? This does make my... the utilization of the property yard by density. Now the plan itself is in an area of older homes on 10,000 square foot lots which was platted through the County and the time they were built on these lots the was the septic tank limitations back in ? you can see the size. That's one of the main reasons an that's the only reason. Since then the property has rather been annexed. The piece has been in for three or four years or whatever and we did have a plan 7500 square feet.. square foot lots. Now we bring the sewer and location down here and built into the site if we bring it up to here to be extended on f or the future development that any property that picked up a hundred ? or wherever the drainage would sewer. So as we all from one time opened up a little bit more land to develop in the future. In the meantime, we're dealing with (change tape to side 2) in the near future. The same one ? all serves as available. Summerfield No. 12 over here is also 4,000 square foot minimum lot. For an area on the outskirts of this older neighborhood in the area of developing a new neighborhood, we have a Church here that constraints us from going south with the development at all. So we're right at the tail end of this neighborhood which leaves it the R-5 is the best suited for a ? this site. Some of the constraints that we had on this property is 1) the dedicated road right through the middle of the property that left the area to the north and the south side of that street rather difficult to plat out as 1) an R-7 subdivision and 2) getting public improvements in there. Um.. . between the two it takes up to much land lost in street dedication and C right-of-way to develop the size of any um yield. So we're looking at this plan that you see up here as totally designed through the R-5 zoning designation and through the subdivision ordinance itself. It meets all the criteria of the MUM Page 6 subdivision ordinance under an R-5. Um.. . the Joe Walsh: staff report talks about the incompatibility o* the surrounding uses and I think I earlier discussed those about how we feel that we're compatible with the newer developed area in here and that um we are just making a better utilization of the remaining square chunk of land that's left between Sattler and 100th Ave. and 98th. Uh. ..public improvements, we would be bringing up the sewer that's fully serviced with water right now. It would be adding just about 300 feet of water line. There is a drainage problem in the southern end of this property where we would be tying into an existing storm drainage and alleviating that problem with the development site. Some concerns that the staff had when we met with them after we received the staff report were there weren't really problems with the zoning itself, it was mainly with the configuration um of some of our lots that we had um some lots that were served with our private access roads of more than two units on the private access roads. Um. .. . that was the main concern that the staff had that they had f elt lacked in the R-5 proposal and subdivision. So we went back and looked at the plan problem but still w ut d do to alleviate that p make a viable project. And what we did was eliminate the hammerheads uh configurations that the eastern portion of the property and put in now the plan we've come up with is to utilize just two lots off the individual access roads which would be improved with the subdivision so that we don't have three or four lots on a private road. We would just have two fuel lots now and that's the situation that did drop um three lots from our original proposal of 25 so we would be down to 22 in this. Our average lot \ size in that case would be about` 69,165 square feet per lot. So we feel that compromise that we have come from our original approval of 15 lots with possible duplexes on three of them, um t o at least ea25 ground units we have kind of hit a happy n in our terms of developing this property.uUl. • • • and as John said is the main influence we need to understand tonight is the R-5 designation on this site. It allows us the most flexibility um to design the lots here and still come up with our yield. One other thing is that when the NPO plan was uh approved or adopted back I believe it was around 1975, the City didn't have an R-5 zone at that time. It's just recently been put into the ordinance and the R-5 zone is still one of the single family zones in the City- And I think since that time this is one element that may have been IMINEWAMELGR�in M so-Mal Page 7 Joe Walsh: overlooked in the NPO of not allowing in the difference in density of the single family uh. . .. zoning constraints that they have come up with now where as there, there were going to the R-7 as being the lowest single family designation. So with that I think I finish my presentation. If there is any questions I will be happy to answer them. President Tepedino: OK. Thank you sir. I appreciate that. Are there any parties wishing to speak in favor of this proposal. Those in favor. Any parties wishing to speak in opposition. Those against the proposal. Bob Maddy: My name is Bob Maddy. I live at 10185 S.W. Hoodview Drive which is in this one of these older established areas which this gentleman is making reference to. But I think what will be probably pointed out by some of these other homeowners here tonight, I am going to probably be perhaps be a little bit repetitious on some of these things but I think our primary concern in the area is um simply some of the items that the young lady on the end here brought out. We got an established residential area that right now contains on the average of I'd say 100 to 150 thousand dollar homes. Some of them probably in the area of 200 to 250 thousand dollars. And I think the concern that we have as established homeowners is the type of development that is being proposed for this area. There is a couple of other things I think that haven't really been brought out. Uh. . . access into this area is going to be extremely limited because there is no dedicated, to my knowledge anyway, no dedicated roadway other than the partial access from Kable into the development. The remainder of the traffic pattern has to come down 100th. Which is the only access into this particular established residential area we're making reference to. I think if nothing else just the increased traffic pattern is going to be created by homeowners living in a 22 to 25 unit complex using sole access which right now is the worst in county road and has not been repaired for probably oh I'd say four or five years. There's nothing that the City of Tigard will do relative to the conditions of this road at the present time; Beings it is a Washington County road. Um.. . I think those are some of the primary concerns, there was another comment brought up relative to the solar application which kind of caught my attention. I've been in the con.. . .. in i i AM i Page 8 i F Bob Maddy: the mechanical contracting for 25 years. The slope of the particular development has absolutely nothing to do with any advantage relative to solar E heating. The only advantage that anything would have relative to solar would be the lots on the { southern portion of the development. Everything else from that point up is going to pretty well obliverated by the Jason Construction. So that's all I have. President Tepedino: Thank you Mr. Maddy. Anyone else wishing to speak in opposition. i Bill Carver: My name is Bill Carver, 10155 S.W. Hoodview Drive. Uh I would suspect that the majority of the lots, I live again to the west of this, are substantial larger to the 10,000 square feet because we are on septic tank. My lot runs just a little over 17,000 square feet. And I don't care what you call it x this is an apartment complex. It's flat. It is an i apartment complex when you get a density this great. I will reinterate again one of my main concerns is the road. There is Only one road going into that area. And right now with the it is in pretty bad shape. And I would just be wondering if it the Washington County road who would take care ' of it. It's going to get alot more traffic. There's alot of cars going up and down that road today. Uh... . just the picture alot the building r the location is just really not that big. I just j can't visualize 25 or 20 lots on a site that size. ' Uh. . . I don't know if I can talk out here, I was kind of curious to what the value the home value of these houses would be . . I'm just curious what they would be selling for. Any idea? I'm kind of asking. .. President Tepedino: You will have the opportunity to cross examine.. . . Bill Carver: OK. Um I had a question about sewers but that was brought up. Um road design was another question but that explains it. But those again was my E concerns that the road accessibility. It's a E relatively high dense area for a neighborhood that really is not in its character to what this many lots in the section of that size. It seems out of character as the NPO brought this to the attention that this doesn't meet with their ? President Tepedino: Thank you Mr. Carver. Other parties wishing to speak in opposition. Those opposed? Yes sir. Dave Atkinson: My name is Dave Atkinson. I reside on SW Century Oak Drive. My position here as an opponent is i a Page 9 { Dave Atkinson: actually in the form of an inquiry. And I wonder if I might direct my inquiry to Liz Newton. Liz this subject hasn't been addressed. But I'm concerned and several others are most concz!ned if the City has any future disposition I-an for Southwest 100th Street. Uh.. . the main reason is that it would develope a quite a bit of consternation or is the bit of extended of the street to be taken care of. Uh. . . . what we are primarily concerned is that in the distant future that perhaps some sarpticious manner, some mysterious manner and all of a sudden have a petition confronting us. Like moonrising. So consequently we are interested - Has the City had any particular disposition in the future on 100th? i Associate Planner Newton: Mr. Currie contends is to have 100th be a cul-de-sac here. He doesn't feel that there is any f need to connect 100th with Highland Drive. His t only idea would be to perhaps allow some sort of an ! emergency plain through here. There is public right-of-way and that would give fire and ambulance vehicles another way in. But in terms of making _ ? improvement to connect this area with this area, there are no plans to do that. And he would at the subdivision stage, it is my understanding f that this to be a cul-de-sac. Dave Atkinson: Well thank you Liz. Your cooperation in front of all the public is appreciated r President Tepedino: Thank you Mr. Atkinson. Any other parties wishing to speak in opposition. Yes sir. i John Ulwelling: Mr. Chairman, for the record my name is John Ulwelling and I live at 15165 S.W. 100. I have not signed up on your list initially. I came with the idea if the spirit so moved me I would speak. The i spirit has moved me. I would think because I. . I live directly across from the project and I agree with what Mr. Maddy had to say but I also thought you might want to hear from those homeowners who do not live in 150 to 250 thousand dollar home. Uh. .. . We live in an older home that was built about between 1910 and 1920. And we live on 38,000 square feet. And we're almost part of our house is directly across the street from the project. Our neighbors to the north of us right next door have 7 ' acres. So I want to give you the, I want to add to i what the other previous speakers have already � . said. This not an area made up of lots of apartments, condominiums, or what have you. This is made up of sophisticated homes between 150 and 250 thousand dollars and those other areas that Page 10 John Ulwelling: have not been developed, places like ours have one acre land, junior acre, next door neighbor has seven acres, we both have sheep, so it's a it's an kind of area the kind of development that I personally have felt has been incentive to what has been going on in the neighborhood. And I think the general feeling, at least to the people I have talked to before when there was fifteen houses approved for the development, I have walked that area many many times trying to figure out how they are going to put 15 houses in there and I figured well somebody must know better than I. And when I saw this 25 houses I said this is enough and I think some of the neighbors f elt the same way and decided to come down and share our views with you this evening. Thank you very much. President Tepedino: Thank you Mr. Ulwelling. Any other parties wishing to speak in opposition? Tom McQuire: Mr. Chairman, my name is Tom McGuire. I live at 9975 S.W. Sattler. First of all by showing the people here tonight that aren't saying anything, I think that shows the support in the whole neighborhood the people that are against this. And may I use the . . I think originally you know when this was our semi ? You know, if we had to have something done down there. But if you go ahead and approve an R-5 zoning here we have these end zones blocked right now. Pretty soon they'd come in an want an R-5 zoning just because these people could have it like when they do. Then all the density would be batted up here. So eventually this thing would be all stopped in with housing. Uh... I justed wanted to make a point that pretty soon this would just be a conglomeration of houses uh everybody trying to escape up 100th that is right on the corner of 100th and Sattler. It is busy enough right now with the Hoodview complex and everything else. Uh. . . once you start bring 25 families up this street down Sattler uh we'd just have a mess. So I just wanted to go on record as saying uh letting you know about that. President Tepedino: Thank you sir. Any other parties wishing to speak in opposition. Those opposed. Steve Davisson: I also do not... . My name is Steve Davisson. I'm at 15040 S.W. 100th. I'm two `souses above Tom who spoke a minute ago. We have a parcel of land within that block - Sattler and 100th and 98th. It is yet undeveloped. Just above me and across the Page 11 �. Steve Davisson: street is another parcel of land which is undeveloped. When we moved into that area, like these other people have stated, the lot sizes were large. That's one of the things that we felt gave our house our home value. Uh... as they say there're sheep across the street, there's a very open field in there. Uh. . . if as Tom says this allowed to go through with a density level less than it is now, I don't think any of us are happy with the R-5. But if it goes in even as R-7, that still more dense that a lot of the lots a lot of the development that has been done in that area. And it's just going to set a precedent for the rest of the builders who are going to go in there.. I can see um I mean economical advantage or some place between an advantage and greed in trying cram that many houses into that small of an area. Uh. . .Tom mentioned the traffic between 100th and Sattler. There's no other access to Hoodview except down 100th and Sattler. There is no provision made there for multiple ways out of that area. As Hoodview developed, the traffic on 100th uh became heavier and heavier and if you put the traffic from this development plus any future development in that area, 100th is going to be very, very heavily trafficed and it's not adequately maintained. It's also narrow and there's a very, there's an offset up on the corner of just above that, on the intersection above Sattler. Um.. . the intersections are very hard to see around you know. Pulling onto 98th and Sattler is taking your life in your hands right now because you can't see around the corner. And I just don't feel that added density in that area would be anything a detriment to us and I don't think it's going to do anything but bring our property values down. Thank you. President Tepedino: Thank you. Any other parties wishing to speak in opposition? Those against this proposal. Malcolm Jones: Hello, my name is Malcolm Jones and I reside at 9885 S.W. Sattler. I had list of questions and subjects that I want to have covered have already been covered. I just want to go on record that I'm in agreement with the City and the NPO and the other opponents. If possible, I don't know what the procedure is, I would like to ask some questions. President Tepedino: OK. We have an opportunity for that in a few minutes. Malcolm Jones: Alright keep me in mind. Page 12 President Tepedino: Any other parties wishing to speak against this proposal. Associate Planner Newton: Chairman Tepedino, I have a letter that I would like to read. President Tepedino: OK why don't we read for the record this time. Associate Planner Newton: "City of Tigard, Planning Department. In regard to your letter on the Hearing of September 3rd, of the Robert Randall Company, no change request, I have no objections to the building. However, I would object if there is a road put in from the property joining Highland Drive as it would be very close to my back door in creating traffic noise and all that would go with it. When I bought this house in Summerfield, I was under the impression the roadway would be vacated as it is passed Highland Drive to the south. I would like to be informed of the decision as I will not be in town for the meeting. Sincerely, Noldrum L. Lewis" President Tepedino: OK Thank you staff. Any other parties wishing to speak against this proposal. Vote against this. Thank you. We will now move on to the cross examination and/or rebuttal. There is a concern or ? several questions. First, for the applicant. Yes sir. Bill Carver: Yeh uh. Bill Carver again. Um dollar value of homes? Anybody ? What these homes would be selling for? John Gibbon: We recently had an appraisal on that house that was there. I guess the appraisal was done on part of my divorce settlement as a matter of fact. Um. . . it's Bill Carver: On that house that's there? John Gibbon: That house that's there. That house is an architecturally designed house built by uh. . built in about 1960. It's designed by a ? free spirit John Gibbon: Yeh I would say a free spirit. Uh.. Mr. Zake went on and designed the Portland General Electric building is more of his recent work. It was appraised at 78,500 and I would not think that any houses in that area would go appraised at anything less than that. If we can keep them single family. And that's what our goal is. I i Page 13 Bill Carver: What a. . • single level? John Gibbon: Single and double level on the lots of around 6,000 square feet we are looking at 2 story homes. Bill Carver: I would hope they would not block my view of the mountain. John Gibbon: Well I would ? without a view of the mountain too, so yes I understand that one. i Bill Carver: Um.. . Would all the homes be build at once. Is the whole development be completed or/as ordered or.. John Gibbon: No the public improvement would be put in, utilities would be put in each lot and then they p. would be sold to individual builders. It wouldn't be any kind of a track homes. It would be custom r homes. Bill Carver: Um.. Would Randall Company be responsible for taking care of that road - 100th coming in there E now or is the trucks, the caterpiller going to chew 4 it up . . . . . . } John Gibbon: The original approval contemplated building a € half-street on 100th north of Kable, a full-street improvement to Kable, a full-street improvement south to the property line on 100th and half-street on Sattler across the length of the property and we i have always assumed that those were going to s continue to be ours ? i Bill Carver: And viewing it from here, are those driveways going out onto 100th. John Gibbon: Those, Yeh. Bill Carver: And up on Sattler. Up on top, those are three driveways. John Gibbon: Right. Bill Carver: And did I hear you mention that you had some l duplexes in mind in there. t John Gibbon: Under the original plan three of the lots were t ' large enough, well four of the lots were large [ enough to accommodate duplexes under City°s [ ordinance. Three of them could have been built on, in fact, the two to the south of uh under the �. original plan had 20 foot flags out the street so they were contemplated for duplexes. At this point what we want to do is single family structures in this area and no attached homes are planned under this proposal. Primarily because of our interaction with the NPO and their concern. F Page 14 4 i �* a `r Bill Carver: Sewer would be coming down 100th there connecting in that direction, coming straight on down. i Jahn Gibbon: Sewer would go down 100th past the existing Summerfield development. Bill Carver: Through that cul-de-sac? John Gibbon: Through that cul-de-sac and manhole there yes. Bill Carver: As I say we are all on septic tanks and I don't want them to get the idea yet the sewer is ready there. John Gibbon: No. Bill Carver: I haven't had to have it pumped yet so we are OK. That's all I have. Thank you very much. 4 President Tepedino: Are there other questions. E t i ? I would like to address my questions to that gentleman from Beaverton, your planner. This might f seem rather elementary to you, but can you tell me what you had in mind when you drew these two little i lines down here? Joe Walsh: That outlines the area of the lots that are 4,000 square feet. Minimum of lot size. ? This is a continuation of 100th. Joe Walsh: Not contemplated. There is public right-of-way dedicated south. You came right down to a ? Joe Walsh: No, that wasn't. . Did you have a contemplation in mind when you put this down? Joe Walsh: No that comes straight off the Tax Assessors maps. Just shows the outline of the lots. You yourself didn't make any predetermined ideas? Joe Walsh: No, that shows the existing... especially on 100th street. ( Joe Walsh: Absolutely not. .. . . .... . This is a field you know. This is a church. t Page 15 Joe Walsh: Yes that is a church. . .... . . .. . . ..? Joe Walsh: And I watched the soccer players down there for two years. No we did not intend to extend that street. We always have assumed it would stop at the end of the property line. President Tepedino: OK other questions? Yes { s ? Was it part of the denial that recommendation from staff and rep NPO that they did not comply with the storm drain or was there adequate storm sewer? Associate Planner Newton: This wasn't a subdivision proposal for this particular . ..we weren't addressing storm drain. i ? Has there been any addressing of the water problem with that property. John Gibbon: We have under the original subdivision we had plans f approved for storm drainage off that site going i down into the Summerfield lines. And as you know I having watch me wade out of my distance the last ( two winters there is a storm drainage problem there. One of the things that we were working on under this new layout was with us being able to go to .sewer in Summerfield it's keeping all of our ° utilities in one line coming right to a storm drainage line serving in the top part of the property with half-street improvements catching it coming down where on the east side the existing house where the neck is. The smaller piece of the west side the line being east of that coming down straight down straight through the property making 1 one turn and then coming out through the south end and down through the Summerfield line. So it would be fully storm drained. I think at the bottom end we're looking at a what was it, a 40" pipe, no I think it was a 36" pipe and the half-street improvement all away around has some storm drainage that comes off the hill. President Tepedino: OK I'll have to take one other quick question and quick answer. Is there one other question? Close the public hearing portion on this issue. Commissions? Commissioner Moen? . S Commissioner Moen: I have a couple of questions. Which are mostly for i staff. Staff what is the overall in our new Comprehensive Plan that we are looking at, what is the planned density for this area? I Page 16 Associate Planner Newton: I think it was medium. Commissioner Owens: Uh Liz? It hasn't been decided yet, we need to get on the night of the 16th. Associate Planner Newton: But under a, I think you're talking about staff proposal. Commissioner Moen: When the NPO 6 reviewed this, there seemed to be a } couple of objections Uh. . . Was the main objection the lot layout or here or the overall density? Associate Planner Newton: Both. f Commissioner Moen: Both, so not only didn't they like the layout, but the density ? UM. . . that's all I have for right now. I may have some more comments later. President Tepedino: Thank you Commissioner Moen. Commissioner Speaker? Commissioner Speaker: Uh. . . I have a question and three or four comments. Of staff, if we approve tonight this zone change to K-5, what further steps does the developer have to take. I'm thinking particular will we look at it again as say a subdivision? ( Associate Planner Newton: Under the current administrative procedures, you will under the administrative procedures, the subdivision will come before the Planning Commission. Commissioner Speaker: OK. Then uh uh the applicant is absolutely correct when he says I want R-5 to give flexibility. Now even here his average lot is considerably more than 5,000 square feet and apparently he is already reworked some of it to a reduced uh the 25 to 22 t lots. Something like that. But, my point on that is that the people who are concerned and the Planning Commission and the staff have another crack at what will finally be built there. Associate Planner Newton: Correct. I Commissioner Speaker: OK. Uh- ..1 have been sitting on the Planning Commission for over four years now and quite a few ' of these arguments are uh kind of like a crack record. Uh.. . I would say this to the objectors who live in , staff am I correct that this Hoodview addition on Kable and Hoodview is not in the City. Associate Planner Newton: It is now. Page 17 Commissioner Speaker: It is now? Uh Ha. Well, they protest about the poor roads and don't want any more travel on them, but they have the opportunity to form an LID to get roads. And the last time I was up there it was in the spring, in this Hoodview area and I was kind of appalled at the lack of street drainage up there. It seems to me that uh that's something that, it's apart from this development but, it's something their eventually going to have to take care of. Now, another thing when lot 400 which is lies between this development and SW 98th. Staff correct me, but I presume SW Kable Street will go directly to 98th. Associate Planner Newton: Yes Commissioner Speaker: OK. So, uh you presently go around, you have to come out Kable Street whether you live on Hoodview or Kable or whatever. But you will be able eventually when development takes place on lot 400, which is now vacant, and when utilities are available. Undoubtedly it will not be too long in development. You will have better access than you would have even with improved street 100th and SW Sattler. OK. This is something that has always bothered me with people who have large lots and uh. . .Well we bought because it was large lots. But what they overlook is that this is now, whether they like it or not, whether anybody likes it or not, this is now an urban area and really their 1 acre lots or their 7 acres lots are you might say undeveloped and eventually will be subject to development. Uh. . I would also like to point out, that adjoining this Hoodview development is Summerfield. Uh. .. which I don't think anybody has to be apologetic for. After all I live there. The density is actually much greater than R-5. And also to the east there, where SW Kable Street will go out; that Lakeside Drive, the lots are smaller than R-5. OK they bring up a point the density is not as I stated because of the gulf course. But that is open space but these residential lots are actually much less than R-5 even though within that total development the average land per household could be greater than R-5. But you people in Hoodview are looking down on houses on housers that are on smaller than R-5 lots. President Tepedino: Do you have any more comments sir? Commissioner Speaker: I think that's it. Fl i Mnff I Page 18 'r i President Tepedino: OK. Commissio^er Owens? Commissioner Owens: I had a que; ion that I think I should have asked t it during cross examination. It was . . ... . So I will just make a comment and you have already addressed it anyway. That was, my question was What is uh, I was wondering what the opinion was uh just the lots in Summerfield, the size of the lots f in Summerfield, some of the people who spoke, who were residents of houses on larger lots. I don't F have any other comments now. President Tepedino: OK. Thank you Commissioner. Commissioner Christen? 3 Commissioner Christen: Uh the only comment I have to say is one of the z gentleman was opposed to it because they lived in an area of 150 to 250 thousand dollar houses and I don't really think that is a valid argument for you know people who live in big houses shouldn't look down on people who live in little houses and if they are going to build an 80,000 dollar house below what difference is that going to make to you. 6 President Tepedino: Thank you sir. Commissioner Bonn? Commissioner Bonn: Looking at the latest plan, I prefer that than what was given to us in our packet. I do not E particularly like flag lots, and I hate to see flag lots on any development. Although it does look better than many of them I've seen. Looking at the r total number of units, under the present R-7 zoning E that they have, they can put a total of 19 units based on the 4 duplex lots that are arriving of a duplex and compared to the R-5 which they show here F i of 25 units. So what they are talking about basically is a six unit increase for this 3.9 something acre site.. . 3.89. The area of course uh ? two 4,000 square foot lots is a sort of competition area between large very very large lots and of course the 4,000 square foot in Summerfield. I wish there was some way they could develop this without flag lots, but uh with the street passed in stone I would say it looks like it is impossible. { I President Tepedino: Thank you sir. Commissioner Edin? i i c i 4 Page 19 A couple of comments. I think in general Z am in Commissioner Edin: P ag:'eement with Commissioner Speaker in terms of the road. Z think that the ? be it my neighborhood be forever is eventually property owners are going to develop. The issue of condition has got to be addressed. Sooner or later that is going to come. So I find it hard to say don't develop because it is going to tear up the road. That's an issue that has got to be decided on. However, I think there i is another issue of incompatibility with parts of the neighborhood, and unfortunately a difficult one and a real question to all of us is "Where do we draw the line?" Look at that map that I guess is over there now. We find some part of it that are 4,000 or 5,000 lots. This would set very well. This is very compatible with that side of the neighborhood. If you look atthehe lookher at many You that look at the minimum of R-7, you are 10,000 or larger. The seven o be edevI duly suspect sooner or later are going It's not going to take seven acres for ever. But certainly there are many of them that are 10,000 and that is the compatibility issue that I don't think is really been addressed very well. I guess the question that I would like to ask and didn't get it said during the cross examination anybody looked at the possibility of perhaps R-5 be Kable and R-7 above. Using- Kable as the medium for helping draw this line between Summerfield on both sides and keeping the R-7 larger above it. I'd be far more open to that. It seems to me that there's kind of a natural break there. That hasn't been addressed. I think there is an issue against the From what I look at it I think it's really a. .. what boils down to an issue of compatibility. President Tepedino: Thank you Commissioner. Commissioner Moen? Commissioner Moen: I tend to agree with those comments. I think that maybe uh now we sit on this Commission uh and hear these arguments time in and time off and uh for someone who hasn't been here very often the condition of the roads uh. . . it certainly ? Po int however, it's something that sometimes we don't have a lot of control over. And I don't think we can refuse to develop an area because of a road because the road are going to have to be squared away sooner or later and hopefully din this some of s the developer would be involved ng should Uh however, I think the density issue um. . • not be made light of. Uh. . we know some members, I r' know some members of the Commission feel we should a. It should that yes Tigard is an urban are Page 20 Commissioner Moen: develop to the maximum density that you can really. Uh. .. I don't necessarily agree with that, I think that uh people that have uh have homes that are medium density to R density have a right to have those homes and certainly have a valid concern as to what kind of home they are going to go in near. I think we should definitely take that into account. And I don't think also make light of the recommendation of NPO 6. We asked those people uh to put provide us with input and opinions on developments and I think we should give them due consideration. Uh I think there is a density problem here that I'm not so sure was addressed properly when we had an R-7 zone. Um. . . and I think it may be unfortunate that uh people may not express that concern most nicely best sounding manner regard to value of homes and so on that they could find the value of homes is now becoming not so much the respect to the lot size, whether you have a 10,000 square foot lot or a 5,000 square foot lot um.. that the house is determine how much the lot's worth . . .. just the same I think there is a problem in shifting density and I guess I would have to come down personally on the side that opposed to this development based on that and the recommendation of NPO 6. President Tepedino: Thank you Commissioner. My comments are the change in the zone I feel the request for that change has just been not been carried to my satisfaction by the applicant. I'm not persuaded that we should change this from R-7 to R-5. The applicant at one time applied for and was granted an R-7. And uh in while I can understand the point that may be relevant in so far as the neighbors having larger lots and they don't want the neighborhood to go to hell in a hand basket and all that, I'm not persuaded that's going to occur either. But the problem that dealing with is the transition upon some of the surrounding areas um... where there are smaller lots even higher density than the pie that was illustrated here to the areas in Tigard where there is less dense and fewer homes. And I think that as far as anything on this Commission we should look for smooth transitory changes rather than abrupt changes; like gas stations next to schools, those kinds of things and we have been trying to fight that for many years. And I see a problem here in joint in something like this application were, it's quite a dense application, lots of homes. I'm concerned also about the access for emergency vehicles which is a big problem; Fire and police. They only have respond during the day Page 21 President Tepedino: when the sun is out we wouldn't have much of a problem perhaps, but that's not the case. Where I'm concerned and I feel that the applicant hasn't really convinced me that this is in the best interest of not only the neighborhood and the NPO and the City and applicant and everybody else that we ought to change, and I'm not convinced we ought to make the change. Every Commissioner has had an opportunity to speak now. Is there some Commissioner that would like to make a motion. Commissioner? Commissioner Owens: Well I didn't really make a comment. President Tepedino: Oh, I'm sorry. Did I miss you? Commissioner Owens: No. I just didn' t .. . President Tepedino: Didn't verbalize. Commissioner Owens: didn't verbalize when it was my turn very much. Um. -so I will now without trying to repeat everybody. Um.. -My I think my general feelings about the higher density is negative. However, when I hear and what I say doesn't necessarily mean that I persuaded in the other direction. But when I hear the arguments that I've heard tonight and I've hear lots of times before and I have made before Planning Commissions myself, before I was on a Planning Commission, uh makes me want to at least be an advocate to the other side just because there is sometimes room for thought on the need and reality of smaller lots and smaller homes and the fact that there are smaller lots south of this area um. .. really does not make it 100% out of place at all. Um.. . I think that I'm interested in um Commissioner Eden's proposal of split density and I don't know if we even want to discuss that tonight or can't um. . but uh it is not a clear cut issue one way or the other. A difficult one to decide on. President Tepedino: Thank you Commissioner. Any other comments from the Commissioners before I ask for a motion? Commissioner Bonn? Commissioner Bonn: OK. I make a motion based on information submitted by the applicant, the applicable NPO, policies and staff investigations, I recommend that we vote denial of Zone Change 12-82 and Subdivision 4-82. �=� President Tepedino: OK. Motion made. f Page 22 Commissioner Speaker: Mr. Bonn, are we voting on the subdivision too. Commissioner Bonn: Yes Commissioner Edin or Commissioner Christen: Second President Tepedino: Motion made for denial based on staff findings and recommendations and the evidence 4 l i ® t S i f i i f f i 4 �F (tFC i. MEN IMM ITEM 5.4 STAFF REPORT AGENDA ITEM 5.4 TIGARD PLANNING COMMISSION SEPTEMBER 7, 1982 - 7:30 P.M. FOWLER JUNIOR HIGH SCHOOL - LECTURE ROOM 10865 S.W. Walnut Tigard, Oregon A. GENERAL FACTS CASE: ZC 12-82 Zone Change Sunnyside Estates NPO # 6 S 4-82 Subdivis=.,n REQUEST: The applicant is requesting a zone change from R-7 to R-5 Single Family residential and approval of a 25 lot subdivision on 3.89 acres. RECOMMENDATION: Based on information submitted by the applicant, applicable NPO goals and policies and staff's field investigation, staff recommends denial of ZC 12-82 and S 4-82. APPLICANT: Robert Randall Co. OWNER: Same 9500 S.W. Barbur Blvd. S-300 Portland, Oregon 97219 SITE LOCATION: 15280 S.W. 100th Avenue (Washington County Tax Map 2S1 11CA lot 900) i ( LOT AREA: 3.89 acres ! NPO COMMENT: NPO # 6 does not support the zone change from R-7 to R-5. The NPO feels that the zone designation should remain as R-7. Further, the NPO feels that the flag lots and increased density do not suit the character of the neighborhood. The NPO voted to support the original subdivision plan for 15 lots approved on Febru2 � 20, 1980. BACKGROUND: On June 25, 1979, the Tigard City Council approved a zone change from Washington County RU 4 to City of Tigard R-7 with conditions (ZC 12-79). On February 20, 1980, the Planning Director approved a 15 lot subdivision at the R-7 density with conditions. (See attached S-5-79 staff report.) AREA CHARACTERISTICS: The surrounding area has been developed primarily as single family residential. The Church of Latter Day Saints lies directly to the south. The lots to the west and north are developed to the R-10 density. The property to the east is vacant. SITE CHARACTERISTICS: There is an existing house and garage' on the site which will remain as a part of the new subdivision. The site slopes to the south and is grass covered. There are a few trees on the northern portion of the site. i STAFF REPORT ITEM 5.4 ZC 12-82 & S 4-82 Page 2 B. APPLICABLE PLANNING CRITERIA AND STAFF ANALYSIS 1. LCDC GOALS AND GUIDELINES a. Citizen Involvement - The purpose of this goal is to provide the opportunity for citizens to be involved in all aspects of the planning process. In the case of this application, all owners of record within 250 feet received notice of the time and date of the public hearing on this matter. In addition, a public notice was published in the Tigard Times on August 26, 1982. b. Land Use Planning - All applicable LCDC Statewide Goals and Guidelines, NPO # 6 Plan Policies and City of Tigard Municipal Code provisions were considered in review of this application. C. Housing - The purpose of this goal is to ensure affordable housing and a_ wide variety of housing types for the citizens of the state. • The subdivision proposed by the applicant offers single family dwellings on small lots which may reduce housing costs. d. Public Facilities - The purpose of this goal is to ensure that public facilities to the site are adequate. Sewer is available from an 8" line south of the site at Highland Drive and S.W. 100th. ! There is a 6" water line in S.W. 100th and an 8" water line in S.W. Sattler. There was no' storm drain plan submitted with the preliminary t plan_. Fire hydrant locatipns were not indicated on the preliminary plan. There was no response included in the application from the Tigard School District indicating available space in schools to serve future residents of the subdivision. t F 2. NPO # 6 POLICIES y f Policy 2. The maximum overall density of development will be four dwelling units or 12 persons per gross acre. This amounts to a standard of 7500 square feet of land per dwelling unit allowing for streets and other open space. Some areas will have a lower density owing to topography, existing development patterns, or the desire of individuals to own a larger lot. Policy 3. Residential subdivisions will be developed with paved streets, curbs and gutters, street lights, and walkways, according to city or county standards. All utilities will be placed underground. Policy 4. Development will coincide with the provision of public streets, water and sewerage facilities. These facilities shall be (a) capable of adequately serving all intervening properties as well as the proposed development, and (b) designed to meet city or county standards. r i t STAFF REPORT ITEM 5.4 ZC 12-82 & S 4-82 � Page 3 Policy 5. Planned unit development will be encouraged on tracts large enough to accommodate ten or more dwellings. Planned unit development will permit a degree of flexibility in design that will enable a higher quality of development in accordance with zoning standards. Policy 6. The single family character of the area designated on the plan map as urban low-density residential is viewed as a positive asset to be retained. Projects proposed for this area must be judged according to affects upon this character. The density of the proposed subdivison exceeds the maximum recommended in the NPO # 6 Plan but retains the single family land use. Public facilities and services are available to serve the site. The applicant has not requested the PD designation. 3. TIGARD MUNICIPAL'CODE PROVISIONS 17.16.100 Tentative approval. (a) Within sixty days of the date of sumission of the preliminary plat, the Planning Commission will review the plan reports of the agencies listed in Section 17.16.090 and may give tentative approval of the preliminary plat as submitted or may modify the plat or, if disapproved, shall express 1 the Planning Commission's disapproval and reasons therefor. (b) No tentative plan for a proposed subdivision and no tentative plan for a major partition shall be approved unless: (1) Streets and roads are laid out so as to conform to the plats of subdivisions or maps of major partition already approved for adjoining property as to width, general direction and in all other respects, unless the City determines it to be in the public interest to modify the street or road pattern. (l) Streets and road held for private use are clearly indicated on the tentative plan and all reservations or restrictions relating to such private roads and streets are set forth thereon. (3) The tentative plan complies with the comprehensive plan and applicable zoning regulations of the City then in effect. i (4) No tentative plat of a subdivision or map of a major partition shall be approved unless there will exist adequate quantity and quality of water and an adequate sewage disposal system to support the proposed use of the land described in the proposed plat. fit. STAFF ANALYSIS After reviewing the proposed plat and making a field investigation staff concurs with NPO # 6 that the proposed R-5 density is incompatible with surrounding land uses. Further, staff feels that the lot configuration and acesses proposed in the original proposal (S 5-79) makes better us of the property. y STAFF REPORT ITEM 5.4 ZC 12-82 & S 4-82 Page 4 5. STAFF RECOMMENDATION Staff recommends denial of ZC 12-82 and S 4-82 based on findings as follows: I. The proposal violates policy 2 of the adopted NPO # 6 Plan. 2. The proposel is not compatible with existing surrounding land uses. PR RED BY: Eli a eth A. Newton APPROVED BY: William A. Monahan Associate Planner Director of Planning and Development MINUTES NPO #6 -- JUNE 17, 1982 1 . ) The meeting was called to order at 7: 39 p.m. tt 2. ) Roll Call K NPO #6 Members: Phil Pasteris (Chairman) , Don Quinn John Arrigoni, Jane Miller, William Frederick, Marge Davenport Guests: Bob Bledsoe (NPO #3) , John Gibbon (NPO #6 member - Randall Co. ) , Mike Man (NPO #6 ! member) , Loretta Allen, Mike Sheppard. City Staff: Jeremy Coursolle 3. ) Approval of Previous Minutes -- Approved as written 4. ) (Golf Side Estates -- John Gi on representing the Randall Company presented three 4_te designs. * Plan A aas presented to NPO #6 April 15, 1982, and showed 20 dei---loped lots * Plan B was new and showed 25 developed lots. This was a variation of Plan A clustering flag lots. * Plan C reconfigured Kable Street to a "T" and provided 25 developed lots. The NPO reviewed these designs and indicated the flag lots and increased density did not fit the character of the neighbor- hood. The NPO then reviewed the approved plat for that area. It was noted that the approved plat was significantly. different than Plan A. The main difference was the orientation of the flag on lot 11. The following resolution was unanimously passed. NPO #6 favors the original approved plot of 15 lots with the potential of three duplexes making a possible maximum of 18 dwellings. This will be presented at appropriate Planning Commission hearing. 5. ) Review of Annexation Policy Report Jeremy Coursolle reviewed the report and said that the City would now emphasize the annexation of some "bits and pieces" of land vs an old ploxy of "large area" annexation. Also, the City will not approve extension of USA lines beyond City limits unless annexation applications have been filed. t Continued. . . iJ f Dim STAFF REPORT FINAL ACTION TIGARD PLANNING DEPARTI•ff-;NT Tigard City Hall 12420 SW Main St-, Tigard February 20, 1980 DOCKET: SUBDIVISION, S 5-79 (Golf Side Estates, P_ef. ZC 12-79) APPLICANT: ROBERT RANDALL COMPANY OWNER: SAME 9500 SW Barbur Blvd. Portland, Oregon 97219 CONTACT: DON DRAKE, PROJECT 14ANAGER 9500 SW Barbur Blvd. Portland, Oregon 97219 APPLICATION DATE: January 23, 1980 QJ� • i SITE i LOCATION: 15280 SF 100th, southeast corner o£ attr-an0th (Wash_ Co_ Tax Map 2S1 Z1CA, Tax Lot 900) t REQUEST: To create a fifteen (15) lot subdivision on a 3.89 acre parcel in an R-7 Zone, "Single Family Residential". ! SITE ` DESIGNATION: The site is presently zoned R-7 and is designated R-7 "Single Family Residential" on the Comprehensive Plan. '{{ t PREVIOUS ACTION: - A request by the applicant for a zone map amendment from !! Washington County RU-4 to City of Tigard R-7 on the subject site was approved by the Tigard City Council, June 25, 1979, with conditions_ (ZC 12-79) , A request by the applicant for approval of a subdivision preliminary plat on the subject site was tabled by the Tigard Planning Department in June 1979, until a sewer easement to SW 98th could be acquired through the adjoining lot to the 6 east, Tax Lot 1100. (S 5-79) I. FINDINGS OF FACT: t 1. The applicant is requesting preliminary plat approval in accordance with k Section 17.05 of the Tigard Municipal Code to subdivide a 3.89 acre parcel into fifteen (15) lots with a minimum lot size of 7,500 square feet, four (4) dwelling units per gross acre. STAFF REPORT FINAL ACTION TIGARD PLANNING DEPARTMENT - February 20, 1980 Page 2 2. Applicable policies from NPO #6 Plan are as follows: Policy 3. Residential subdivisions will be developed with paved streets, curbs and gutters, street lights, and walkways, according to city or . county standards. All utilities will be placed underground. Policy 4. Development will coincide with the provision of public streets, water and sewerage facilities. These facilities shall be (a) capable of adequately serving all intervening properties as well as the proposed development, and (b) designed to meet city or county standards. 3. Section 17.06.065 of the Tigard Municipal Code states the following criteria for approval of preliminary plats: "No preliminary plat for a proposed subdivision and no map or major partition shall be approved unless the Planning Director finds: (a) Streets and roads are laid out so as to conform to the plats of subdivisions or maps of major partitions already approved for adjoining property as to width, general direction and in all other respects, unless the city determines it to be in the public interest to modify the street or road pattern. (b) Streets and roads held for private use are clearly indicated on the tentative plan and all reservations or restrictions relating to such private roads and streets are set forth thereon. (c) The preliminary plat complies with the comprehensive plan, the applicable zoning regulations, and the regulations within this title. lity of (d) There will disposalquate quantity systemto Supportdtheawater and an adequate sewagedispp Y proposed use of the land described in the proposed plat. 4. The site has one single family house located at the center of the proposed subdivision, with access from Sint 100th. The site slopes downhill from the northwest to southeast corner. It is a vacant field except for lines of trees on the south and west sides of the house. The house is served by overhead electric lines from Sattler Street. S. Surrounding land uses include single .family housing to the north and west, a baseball diamond and church to the south, and a vacant field (Tax Lot 1100) to the east. 6. A 10 lot subdivision is under consideration for the adjacent lot to the east of Golf Side Estates. (Tax Lot 1100, Ottoman property) . A preliminary subdivision proposal for the adjacent lot was submitted by the applicant, showing the extension of Kable Street as a through street from the east line of Golf Side Estates to the intersection of sw 98th and Lake Side Drive to make a 4 way intersection there. STAFF REPORT FINAL ACTION TIGARD PLANNING DEPARTMENT February 20, 1980 Page 3 7. The nearest available sewer to the site is located in SVT Lake Side Drive. This line is presently under the control of the Tualatin Development Corporation, until such time as it is accepted by the city for city operation and maintenance. A ten (109 foot sewer easement has been granted to the applicant Iby the owner of the adjacent lot to the east (Lot 1100) _ The easement follows the south line of Lot 1100 to SW 98th Avenue. 8. Water service is available to the site from Tigard Water District lines on SW 100th or SW Sattler. 9. Traffic movement to and from the site will be served by SW 100th, SW Kable, and SW Sattler. NPO #6 Plan designates Sattler as a collector street (366 - 44' pavement) and 100th and Kahle as local streets. SW 100th and SW Sattler are county streets, presently in substandard condition, without adequate paving width, right=of-way, curbs, or gutters. St-7 100th does not presently extend south of SW Kahle Street. As part of its approval of the Sum*nerfield Planned Development, the Tigard Planning Commission approved a forty (401) foot pavement along SW Sattler Street at the north side of Summerfield No. 7. The Tigard Municipal Code 17.28.040 requires a minimum fortyfour (44') foot pavement for collectors. 10. Applicant proposes to dedicate ten (101) feet of right-of-way along SW Sattler Street and 25 x 73.91 of right-of-way along SW 100th at the southwest corner of the site, as required in the zone change for this site. (ZC 12-79) 11. Sewer, water, and drainage plans, and lot-line utility easements were not indicated an the preliminary plat. 12. Off-site drainage from the southeast slope of Little Bull Mountain collects In the southwest corner of the site, via open drainage ditches on SW 100th. There are swampy conditions in portions of Lots 10, 13, and 14. The nearest storm drain to the site is on the west side of SW 100th, about 100 feet south of SW Kable Street. 13. A school impact statement from the Tigard School District, January 23, 1980, stated that "no negative impact is anticipated" from the proposed subdivision. 14. Lots 1 and 2 on the preliminary plat are only 6,920 square feet each (not including the ten (101) foot street dedication on SW Sattler Street) . Tigard Zoning Code Section 18.20.035 requires minimum 7,500 square foot lots in R-7 Zones. STAFF REPORT FINAL ACTION TIGARD PLANNING DEPARTMENT February 20, 1980 Page 4 15. The street cross sections proposed on the preliminary plat do not comply with city standards. II. CONCLUSIONARY FINDINGS: 1. The proposed preliminary plat conforms to NPO #6 plan, in that the lotting pattern is for single family residential purposes. The gross residential density 'of 3.86 units/acre conforms to the R-7 Zone requirements, but Lots 1 and 2 are substandard. Lot 3 to the south. of these lots is - nearly double the 7,500 foot minimum size, 'so an adjustment to the south lot lines of Lots 1 and 2 could bring them into conformance with the R-7 lot size requirement. 2. Both sewer and water service are available to the site to facilitate the proposed density. An adequate sewer easement from the site to SW 98th has been obtained by the applicant_ However, since Tualatin Development Corporation presently controls the sewer on Lake Side Drive, the applicant must obtain permission from the Tualatin Development Corporation to tie Into, that sewer or wait until that sewer is accepted by the city for city operation and maintenance. 3. Adequate right-of-way has been indicated for SW Sattler, SW 100th, and SW Kable Street on the preliminary plat. 4. The proposed extension of SW Kable Street through the site and the adjoining lot to the east (Lot 110U) would be desirable to provide better access for property owners in Golf Side Estates and better traffic circulation for the surrounding area. The Tualatin Fire District (Joe Gruelich) concurs in this judgement. 5. Surface drainage is poor on the southwest portion of the site, due to the topography of the site and the runoff from uphill properties. Drainage will need special attention on this site. The applicant should provide for improvement of drainage throughout the site and downstream thereof. 6. Applicant should revise the street cross section plans after consulting with the Public Works Department and before submitting grading and _ improvement plans for street improvements. 7. The City Council should. adopt the Comprehensive Plan (NPO) street standards by ordinance, so that the previously approved forty (401) foot pavement width on Sattler Street at Summerfield #7 can be permitted on the north side of Golf Side Estates, without unnecessary variance procedings. STAFF REPORT FINAL ACTION TIGARD PLANNING DEPARTMENT February 20, 1980 Page 5 Ill. STIXF RECOi•114ENDATIONS: Staff recommends approval of the preliminary plat subject to the following conditions: 1. That the lot size on Lots 1 and 2 be adjusted on the final plat to allow for a minimum of 7,500 square feet per lot. 2. Public water service and sanitary service shall be installed to this site prior to the issuance of a Building Permit including the existing house on Lot 6. 3. That applicant obtain permission from Tualatin Development Corporation to tie into sewer on Lake Side Drive or wait until that sewer is accepted by the city for city operation and maintenance. 4. That applicant convey a one (1') foot street plug reserve strip at the east end of SW Kable Street to the City of Tigard. 4, 5. Storm drainage plans for the site and downstream thereof shall be submitted and approved by the Public Works Director, and install storm drainage system to the site prior to issuance o£ a building permit. 6. Grading plans and construction plans on all public right-of-ways shall be submitted and approved by the Public Works Director prior to commencement of work. 7. No changes will be made to approved plans or specifications unless formal application is made to the appropriate city department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 8. Fire hydrants be placed as per Tigard Water District and Tualatin Fire District regulations. 9. All existing or proposed utilities shall be placed underground, including the existing house on Lot 6. Street lighting installations shall be approved by the Public Works Director. 10. No Occupancy Permits shall be- issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department. C STAFF REPORT FINAL ACTION TIGARD PIS NNING DEPAP0111ENT February 20, 1980 Page 6 11. That ten (10') feet of right-of-Tway along STA Sattler be dedicated to the county along the frontage of the site with Washington County approval to improve SW Sattler to collector street standards prior to issuence of building permits. 12. That twentyfive (251) feet of right-of-way along the southwest side of the property on SW 100th be dedicated to the county (the area is approx- imately 74 feet in length) _ Half street improvements are to be made along Sw 100th from the intersection with SW Sattler south to the intersection of SW Kable Street. Full street improvements are to be made along SW 100th from SW Kable Street intersection south to the end of the subject site property line. 13. That street improvements be constructed to the approval of the Public Wor'xs Director prior to the recording of the final plat or issuance of a Building Permit. Action of the Planning Director is final unless notification of appeal to the Planning Commission is filed with the City Recorder within twenty (20) .days of the Plannir a Director's Action. Prepared by Richard Ross, Approved by Al d' card, Intern Planner P1 in Director vmc This acknowledgement must be signed and returned to the City of Tigard, Planning Department. Failure to return this acknowledgement will result in no further action on this project with regards to issuance of Building Permits or engineering approval. i Signature Date f I SEE MICIP 2S I I 183 cr- Z' C R ric CR 1!0 857 S.W. 89, 5:3 v; 400 jrt 700 31 .m. 800 12-3 c Li goo 44.4c 6-3 A C 38914C A R TS N 133 3 146-5 sap ;-13 UJ 500 es�5a �00 5e 33, 5 -AIL v%.z 10 670 1100 I� BE -T! 4c KABLE Si �e. S T R E E"T 0Ic r E 781 co 9 Z7 C 47- (3 3 5C5 H 11+1111 oic 1, 1000 71-1 4c the obert ` ri ail company Kristin Square• 9500 S.W. Barbur Blvd_ • Suite 300• Portland, Oregon 97219• (503) 245-1131 Telex #360557 October 5, 1982 ® OCT 5 1582 � To the Mayor and Members of the City Council CITY OF TIGARD C/O William Monahan PLANNING DEPT. Director, Department of Development CITY OF TIGARD P. O. Box 23397 Tigard, OR 97223 NOTICE OF APPEAL - S-4-82 ZC - 12-82 - Sunnyside Estates 15280 SW 100th - 2S1 11CA Lot 900 Dear Mayor and Councilpersons: t This letter will serve to notify you that the Robert Randall Company, the applicant in the above referenced action, hereby appeals the September 7, 1982 decision of the Planning Commission. The applicant requests the City Council review the decision of the Planning Commission and remand the ap- plication to Planning Commission with the condition that the R-5 zoning designation is appropriate for the site provided that the subdivision be limited to no more than 60% of its lots of less than 7,500 square feet or a maximum of 21 single family lots. The applicant notes as of the date of this application, neither the minutes nor the transcript of the hearing of September 7, 1982 is available, and it therefore requests the opportunity to submit further written testimony upon the availability and review of those materials. The applicant's assertions regarding the Planning Commission's hearing and its deliberations are based on its own notes of that meeting. The crux of the issue is of course whether or not the applicant has submit- ted evidence sufficient to permit the zone change from R-7 to R-5 to occur upon this parcel. A review of the record will demonstrate that while the Planning Commission clearly felt that while the applicant has not establish- ed that at the density of 25 lots it originally proposed the zone change was appropriate, a conditioned utilization of the R-5 zoning would be ap- propriate for the site. To the Mayor and Members of the City Council October 5, 1982 Page 2 While the Planning Commission Chairman indicated the applicants plan re- quired more justification, he also indicated that the site did require a careful consideration of the transitional of nature of its location. Such a transitional character can be achieved through a mixture of R-5 and R-7 lots allowed by the conditioned approval. The applicant's burden of proof in this situation is clearly to demonstrate such an approval's conformity to the comprehensive plan for the area that of NPO #6. The staff report on this application emphasizes that the application vio- lates Policy #2 of the plan requiring 4 units per acre or 7,500 square foot lots. NPO #61s policy number two also suggests that 12 persons per acre is an appropriate density for the area. When it was written the plan assumed that a household population of 3 per living unit was normal. Cur- rent statistics demonstrate a typical household size is nearer to 2.3 per- sons. A condition permitting only 21 homes on the property would result in an average density of only 12.42 persons per acre. The application conditioned in such a manner should be carefully judged against the currently approved R-7 plan, which allows 19 units in the area, including eight duplex units. Its impact is minimal in terms of an in- creased numbers of units and it furthers several of NPO #61s other goals. - NPO Policy #6 which emphasized the construction of single family homes. - NPO Policy #7 which recognizes the need for buffers between various densities, in this case Summerfield's 4,500 square foot lots and the larger lots of the other neighborhoods in the area, a fact recognized by several planning commissioners. While several commissioners suggested a split zoning for the site the ap- plicant believes that a mixture of R-5 and R-7 densities across the site is more appropriate because it permits the greater utilization of the areas south facing slope(in accordance with NPO Policy #8.) An approval conditioned in such a manner is appropriate in relation to the applicable LCDC Goals: r - Goal #1, in that it is responsive to the NPO's input concerning the single family character of the area. - Goal #2, in that it responses both to the NPO, the staff and the planning commission's concern regarding the over utiliza- tion of private drives. - A conditioned approval would permit a design for the subdi- vision which takes account of, in an efficient manner, the existence the private open space adjoining the site, en- hancing Goals 6 and 8. i f To the Mayo., and Members of the City Council October 5, 1982, Page 3 - A conditioned approval of this request would permit a re- design of the subdivision to more efficiently solve a serious drainage problem previously identified on the site, Goal 7 is therefore addressed. - By removing further governmental restrictions on the de- velopment of the lots, avoiding the duplexes conditional use process, it enhances quick economical development of the property, addressing Goal 9 concerns. - Goal 10 is furthered by providing a few more, individually lower priced, homesites for the more preferred housing al- ternative, the single family residence. - Goal 11 is enhanced because a re-designed subdivision would produce a more efficient sewer system utilizing a closer USA connection as well as solving the drainage problem discussed above. The Planning Commission's record clearly shows that the street improvements proposed by the applicant, improvement of 100th, Kable and Sattler, was adequate in relation to Goal 12 - the Transportation Goal, in the judgement of the Commissioners. - Goal 13 is served by allowing a higher single family density on a south facing slope where greater potential for the use of solar energy exists. - Goal 14 is furthered by the infilling of vacant land within a build up area at a density which is reasonable in its transi- tional character between a higher density PUD and lower density single family homes and underdeveloped properties in the area. It is apparent from the comments put forward by the Planning Commission in its deliberations on the matter that no opposition evidence was presented at the hearing to under cut the applicants basic proposal. The question was a close one at that time, an adequate transitional solution was what was sought. The applicant believes an approval conditioned on a mixture of no more than 60% R-5 sized lots or 21 single family homes resolves the transitional issue. A choice between 21 single family homes or 19 homes including 8 duplex units it submits, should be resolved in favor of the single family homes as more in keeping with the character of the neighborhood. The applicant respectfully requests the representatives of groups seriously interested and with expertise in the issues raised by this appeal, the Metro Home Builders and 1000 Friends of Oregon be permitted l To the Mayor and Members of the City Council t October 5, 1982 Page 4 to make oral presentations to you at the time of your deliberations on the matter along with the representatives of the applicant. We recognize the same opportunity should be afforded members of public with opinions on this matter. RYnT. tfully submitted, J Gibbon. Secretary/Counsel JTG/cl C BEFORE THE CITY COUNCIL f_ CITY OF TIGARD, WASHINGTON COUNTY, OREGON IN THE MATTER OF THE ) ZC No. 12-82 REZONE 4 PRELIMINARY ) S No. 4-82 SUBDIVISION APPLICATION ) Address: 15280 S.W. 100th FOR SUNNYSIDE ESTATES ) Legal :T 2S, R1W, Sec. 11 CA, Gulfside Estates The Robert Randall Co. 9500 S.W. Barbur Boufevard, Suite 300 Portland, Oregon 97219 Applicant-Owner-Appellant - APPELLANT'S ARGUEMENT BASED UPON TRANSCRIPT OF PUBLIC HEARING Appeal from the decision of the Tigard Planning of September 7, 1982 John T. Gibbon, Counsel for Appellant \ ~ t The Robert Randall Co. �`. 9500 S.W. Barbur Boulevard, Suite 300 �r G(�9' Portland, Oregon 97219 �O�,y_ \���Q�• (503) 245-1131 Qv The appellant hereby requests the City Council, upon review of the record and the arguements befor it, remand the zone change and subdivision applications to the Planning Commission with the following conditions: 1. R-5 zoning may be approved for the site provided no more than 60% of the lots may be less than 7,500 square feet. 2. A maximum of no more than 21 single family lots may be approved for the site. The appellant bases its request on the following findings of facts and statements in the transcript: (1) Commissioner Owens at page 21 states, "I think that I 'm interested in Commissioner Eden's proposal of split density and I don't know if we even want to discuss that. tonight or can't. . . but it's not a clear cut issue one way or the other. (2) Chairman Tepedino at page 20 while stating, "I'm not persuaded that we should change this from R-7 to R-5.11, does state "(On) this Commission we should look for smooth transitory changes rather than abrupt changes". ( (3) Commissioner Edin at page 19 states, "I guess the question that I would like to ask and didn't get it said during the cross examination is has anybody looked at the possibility of perhaps R-5 below Kable and R-7 above. Using Kable as the medium for helping draw this line between Summerfield on both sides and keeping the larger R-7 above it. I'd be far more open to that." The applicant submits that these statements indicate a desire on the part of the Planning Commission to create a compromise on the density issue, it believes the suggested conditions represent such a compromise. II _. The Planning Commission's decision was based on the Staff's recommendation of denial based on the following findings - 1. "The proposal violates policy 2 of the adopted NPO #6 plan." 2. "The proposal is not compatible with existing surrounding land uses." The applicant believes it was error to rely on those findings for the following reasons: (1) NPO #6 policy 2 is out-of-date having been adopted in 1975 and is contradictory based on current housing statistics. Policy 2 states, "The maximum overall density of development will be four dwelling units or 12 persons per gross acre." Density requirements for the areas within the Urban Growth Boundary such as Tigard have, since 1975 been established as 6 per acre by LCDC and Metro. More importantly, Tigard's current Draft Housing Element indicates household size has shrunk from 3.0 assumed in 1975 to 2.3 assumed currently. Therefore an approval conditioned as suggested by the applicant will result in a ratio of persons per gross acre closer to the 12 per acre suggested by the NPO policy than that allowed under the current R-7 plan. (2) Reliance on NPO #61s Policy 2 alone is not sufficient when reviewing the application, it must in fact be balanced against compliance with other NPO policies. If conditioned as suggested by the applicant the proposal will comply with NPO policies 6, 7 and 8, in that it will emphasize single-family homes in the area, it will provide a transitional buffer between Summerfield's higher density areas and both the large lots and the undeveloped tracts in the area, finally it will reflect a concern for the natural topography's constraints and opportunities of the site. (3) The compatibility issue raised by the staff and the NPO related to the applicant's original complete R-5 25 lot subdivision proposal. If the conditions suggested by the applicant were imposed, compatibility with the 3 diverse elements existing in the area can be accomplished. The three different densities with which this proposal must be compatible are: 1. The 4 ,500 square foot lots adjoining the site in Summerfield. 2. 'ie larger lots adjoining a portion of the site f t 3. The numerous undeveloped tracts adjoining the site, which will eventually be developed at urban density. 4 �r The applicant submits that by mixing the density across the site compatibility with this diversity of adjacent land uses can best be achieved. III i Testimony by opponents of the proposal centered on two issues: 1. The value of the homes constructed in the area. t 2. The concerns regarding roads and access to the property. In regard to the first issue Commissioner Moen was, the applicant believes, right in his characterization of the value concern articulated by the opponents as really a concern with density and compatibility (page 19) , the applicant believes that the conditioned approval will ' address these concerns. Moreover as Commissioner Speaker (page 16) and } Commissioner Owens (page 18) indicated in their statements, value compatibility between the mid-$70,000.00 homes proposed by the applicant and the existing homes in the area obviously will exist. i (2) The traffic and access issue raised by the opponent's is clearly f the most valid of their concerns. On this issue the Planning Commission supported the applicant. Commissioner Moen at page 19 says, "And I don't think we can refuse to develop an area because of a road; because the roads are going to have to be squared away sooner or later and hopefully in this case the developer would be involved in doing some of that." Commissioner Speaker also discusses the issue at page 17 and concludes that the benefits which will come from the development include both improvement to 100th and Sattler as well as the beginning of the obvious link-up needed for Kable between 98th and 100th. The applicant also notes that Sattler has been planned as a minor collector in this area and that 100th will obviously over time become an important access route to new commercial facilities in West Tigard as well as the downtown area. IV The application to change the current 15 lot (19 unit) R-7 subdivision to a 21 lot R-5 and R-7 mixed subdivision is based on the following considerations and constraints: 1. Redesign of the current plat is necessary to utilize the sewer in Summerfield as suggested by the City staff. 2. In its revised proposal the applicant has eliminated all attached single family homes in conformance with the NPO's policies. 3. The proposal has sought to maximize solar orientation for its lots. 4. The application has, in response to the NPO's concerns, reduced the number of homes using the flag lot driveways and rationalized the locations of their entrance onto the adjoining streets. S. The appeal proposes a conditional approval which will produce a neighborhood with all essential urban services that will still be compatible with areas near it which were developed without those services. The-constraints affecting this application included accommodation of the existing improvements on the land, a street configuration dictated by the City's needs and the limitations produced by size and shape of the parcel of land to be developed. V The applicant in its Notice of Appeal (pages 2-3) set forth the reasons that its proposal complies with the Statewide Goals it adopts by reference that statement into this agruement. Attached as exhibit to this agruement is a letter from an organization with an interest in the outcome of this matter and expertise in the issues raised, the Metro Home Builders which supports the appellants proposal. VI For the reasons set forth above the appellant respecfully requests the City Council remand these matters to the Planning Commission with the conditions explained herein. HOME BUILDERS ASSOCIATION OF METROPOLITAN PORTLAND V. ElANG7 A0,AD. tiUiT= 30? ,Cc -S;V!EG0. )REGGE2 0; :j: .:3,34-IC8.1 THE METRO HOUSING CENTER November 10, 1982 City Council City of Tigard P.O. Box 23397 Tigard, OR 97223 RE : Appeal of ZC12-82 „54-82 , Gulf Side Estates Dear Mayor and Council Members : The Home Builders Association of Metropolitan Portland supports the Robert Randall company ' s request on appeal for a remand to the Planning Commission to consider a new plat meeting the conditions proposed by the Randall Co. The blend of R-5 and R-7 lots suggested by the Randall Co . complies with the comprehensive plan low density designation while at the same time solving several problems that this site suffers from. The proposed redesign satisfies the NPO plan policy encouraging the retention of the single- family character of the area. It provides for a gradual , rather than an abrupt transition from the large lots on one side to the smaller R-4 lots on the other side of the subdivision. The new proposal will also result in a more efficient road and sewer system. Most importantly, the redesign will create the opportunity for the construction of housing more within the abilities of potential buyers to pay . Despite the three-year recession in the general economy, home prices have on the average held stable or decreased only slightly. Our association's economists anticipate that when the economy improves , home prices will once again climb steadily. It is important , therefore, to provide lower cost housing opportunities to meet both short and long term needs. Smaller lots, in the R-5 range, will be much more prevalent in the future to meet these needs. The proposal for Gulfside Estates presents an ideal opportunity to begin to meet that need. f Incerely, i!��J,�tHan y Staff A KLH:tic rini YZ 11!! NOV le 10,82 654 . u` - i_;! 1 ! �i 1��.=:! r 1 r ,..! :1 rel r=.`! t ! �� �� �~ ` - -- °` ��f <. �... _ ;� . .;. ,, _ A ! :,/:: /� ' / / � / / / / S. _ ' � � / / / is - .S i ,' � � f I ,, / � � / t �� \ ' � , � ./� � - - � / i �, i � � / i �,_.. �i� - � � � I - � r � , i / �/' � � �f r i i 1 �� � , i � � � � � S � , ' / ' / � � � � �! �. / - � _.,.,z.:k.. :��. � � "' l� ' / — - _ / � � / r i � o' / � � i. �, �� - - � i i i � - - / / _ _ ., - . . :. r _; .. . .. � -. _ . . . 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November 10, 1982 MEMORANDUM TO: City Council j FROM: Loreen Wilson, Deputy Hecorde��\�i' SUBJECT: Item #9 - Appeal-Sensitive Lands Permit M 2-82 Jadco Chemical NPO #5 Please bring with you to the November 15. 1982 City Council meeting all the information distributed to you in your previous Council packets of November 1, 1982 regarding Sensitive Lands Permit M 2-82 - Jadco Chemical . Pm 1 BEFORE THE CITY COUNCIL OF THE CITY OF TIGARD 2 In re the Appeal of ) No. M-282 3 JOHN DUNCAN and JANICE ) DUNCAN from Hearing Officer ) REQUEST FOR CONTINUANCE OF 4 Determination with Respect to ) COUNCIL HEARING Appellants' Land ) 5 6 John Duncan and Janice Duncan, being the fee title owners of property 7 at 16055 S.W. 74th, Tigard, Oregon, further described as Tax Lot 1500 2S1 13 A, 8 hereby request that the appeal pending from the hearing officer's decision con- 9 cerning said lands as now scheduled for Monday, November 15, 1982, be taken off 10 the docket and continued to a later date on the following grounds and reasons: 11 (1) The apparent ambiguities between the various applicable sections of 12 the Tigard Municipal Code has already been cited as requiring additional study 13 and consideration in order to bring all matters into a consistent outlook in 14 the public interest. 15 (2) That the decision of the hearing officer as heretofore rendered and 16 which is the basis for the appeal in this case, is wholly lacking in support in 17 the regulatory ordinances, as well as by the officers of the City who must deal 18 with such matters on a day to day basis, namely, City Administrator, City Engineer, Z �r g dr,-. 19 City Planning Director, etc. whose analysis of this matter is already in the a 3 0 <"'o^ 20 record. E?�� 21 (3) The order given by the hearing officer stating "applicants shall re- aar 22 move all fill material previously placed within the flood plain of Fanno Creek 5. W m a S6 23 no later than November 15, 1982" obviously is without legal standing, for the d 24 reason that it is subject to appeal, and further purports to deny John Duncan 25 and Janice Duncan's constitutional and other property rights, and in the absence 26 of a continuance and re-evaluation and restatement of the applicable regulatory Page 1 - REQUEST FOR CONTINUANCE OF COUNCIL HEARING 1 matter, the undersigned must necessarily bring declaratory proceedings in the 2 Circuit Court of Washington County, including injunction, wherewith to obtain 3 a determination of property rights, public interests involved and other elements 4 of important nature. 5 (4) That the matter is set for hearing on the record on November 15, 1982, 6 before the City Council, and the notice of the hearing states that no new evi- 1 dence or arguments will be allowed, "however, parties are invited to submit writ- 8 ten arguments only reserving to the council the right to pose questions to staff 9 and parties on policy issues." In view of the ambiguities and differences already 10 developed, both public and private interests in this matter are best served by 11 efforts of the council to redefine the applicable regulatory matters prior to 12 any further expenditure of public funds on the part of the City and private funds 13 on the part of the undersigned appellants. 14 The foregoing is totally consistent with the request heretofore made to 15 the council by officers of the City concerned with this matter for a total review 16 of all provisions set forth in the City's ordinances with respect to this matter. 17 For the foregoing reasons, a continuance of this matter as requested is of such 18 vital public economic importance, not only to the public, but to the undersigned z19 that the continuance requested herein, if granted, will preserve the integrity c3 0 aoho- 20 of public hearing processes, and further written argument on the part of the .�, -ea .9. 21 undersigned is not being submitted as solicited in the expectation that the City ES g a€;pR 22 will grant the continuance without opening the hearing or otherwise compromising W V5 23 the rights of the undersigned until all aspects of this matter have been fully 6d 2 24 evaluated and remedial ordinances or amplification of the ambiguities are made 25 available. 26 In further support of this request, it is to be noted that appellants have Page2 _ REQUEST FOR CONTINUANCE OF COUNCIL HEARING 1 expended the approximate sum of $ 3,000.00 in connection with the current problem, 2 and it is of utmost importance that the related problems indicated in the attached 3 copy of Mr. Monahan's memorandum of October 15, 1982, concerning comprehensive 4 plan hearing and other legal aspects be considered by the council precedent to 5 a review of this appeal by the City of Tigard. 6 Respectfully submitted, 7 �dA AAA tnn=-- Joh uncan, Appellant Janice Duncan, Appellant 10 ANDER,S DIT TMAN & `ANDERSON B 11 Fr . A. Anderson 12 Of Attorneys for Appellants 13 14 i 15 i 16 17 8 1$ h Z `^N^ 19 P W C 3' z �- 20 a. 21 E 218 �g� 22 ft a Qo 23 dd T 24 25 26 Page 3 - REQUEST FOR CONTINUANCE OF COUNCIL HEARING MEMORANDUM TO: Members of the Tigard City Council FROM: William A. Monahan, Director of Planning & Development DATE: October 28 , 1982 RE: Hearings Officer Order Number M 2-82 , Appeal of Findings by John A. Duncan. Attached please find a set of documents which are pertinent to an appeal filed by John A. Duncan on the findings of Hearings Officer Beth Blount. " The appeal will be heard by the City Council ' on November 15, 1982. This package is being provided to you in advance of the _hearing in order that you may become familiar-with-,the issues'. _ You may also wish to consider the issues raised by this appeal C in light of the existing Floodway/Greenway issues which will be discussed at your November 1 study session with the Planning and Development Office. Please note that another appeal, that of the Robert Randall Company concerning Sunnyside Estates , will be heard at your November 15 session. A package of materials will be transmitted to you as soon as the transcript of the Planning Commission's hearing on the issue is completed. r" i i i i WASHRgGTON COUNTY,OREGON t k October 15, 1982 MEKORANDUM TO: Affected Property Owners FROM: William A. Monahan, Director of 21—ring & Development� SUBJECT: Durham Island Annexation - Zone Change (ZCA 3-82) Required action by the Tigard City Council .to revises the zoning designation for the Durham Island Annexation has been postponed from October 25, 1982 to January 24, 1983. This action is required since the City's revised comprehensive plan is not yet completed. The issue of which zoning is proper for the above .named area has not adequately been addressed or resolved. Therefore, at this time the City cannot hold an adequate public hearing to determine the appropriate zone for thi$ area. Please be advised that the Tigard City Council will hear this issue at a public hearing on Monday, January 24. 1983 at 7:30 P.M. at Bowler Junior High School, 10865 SW Walnut Street, Tigard, Oregon. Please note that this is the only written notice that you will receive for this hearing. Thera will, however, be a public notice publicised in the Tigard Times at least ten days prior to the January 24th hearing. h 12755 S.W.ASH P.O.LOX 23597 TiGARD,OREGON 97223 PH:639-4171 V . F L July 19, 1982 CMOFInIFARD WASHR4GTON COUNTY,OREGON John Duncan Jadco Chemical Ltd. 16055 S.W. 74th Avenue Tigard, OR 97223 Dear Par. Duncan: The recent "Fill". that.has taken place on your property raises concerns of possible Mnicipal Code violations. Chapter 18.57 addresses use of "Sensitive Land", and as your property is designated as such, it falls within the bounds of this section. Any fill taking place within a drainage way, or- floodplain, requires a special use permit, which is issued by the Planning Commission. In addition, any fill in excess of 50 cubic yards requires a permit issued by the Building Official. C As the City has no record of any such permits being issued, you are hereby notified to cease any further filling, and contact the City Planning Department so it may be determined what action will be necessary to eliminate the violations. Contact will be required within two (2) days of July 19, 1982. Sincerely, Brad C. Roast, Code Enforcement Officer /br l_ 12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 k E F S S tt S k L t Fif L T0: CITY COUNCIL FROM: NPO #5 i RE: JADCO CHEMICAL ` 4 i DATE: NOVEMBER 10 , 1982 c 1 s s 1 The NPO would like to make the City Council aware of our concern regarding the filling of the Fanno Creek Floodplain/Greenway. t The Fanno Creek Floodplain/Greenway provides a natural buffer between the Industrial area to the East and the Residential area to the west. The NPO #5 Plan (Ord. 77-69) addresses the importance of preserving this buffer by the following policy statements: r Policy 4: The plan is particularly concerned about achieving a comparability between the broad range of land us categories which exist in the neighborhood. This is especially important in relationship to the developing residential area west of Fanno Creek. The creel-, the trees and other vegetation found along it, provide an excellent opportunity to both separate and buffer the residential area from the industrial development associated with S.W. 72nd Policy 5: B. ) Provide protective buffers for residential areas by use of such natural features such as the Fanno Creek Greenway, Policy 6: In order to enhance the environment of the residential areas, natural amenties such as Fanno Creek and its tributaries as well as existing stands of evergreens, thickets of deciduous bushes, shrubs and trees, particularly where they form a buffer between land use types, should be retained. We ask that you consider these policies when making any decisions regarding the I Fanno Creek Floodplain/Greenway. p i t i i NQV 1 = P11�NNING DEP t. YOF 1IGHKD pljANr:Ih1G DEPT. ABEL October 19, 1982 To: Planning Director City of Tigard From: John A. Duncan Subject: Appeal findings . of hearing officer case No. M-2-82. Decision rendered October 7, 1982. Please process my appeal to be heard after inconsistencies within The Comprehensive Plan have been effectively refined and clarified. Reasons: a. We are not affecting flood plain. b. Findings of hearing officer based on a document that at best is inconsistent and not in accord with pending comprehensive plan. C. Confiscation of property without due process. d. Land 400 feet west of subject property owned by applicant is more than adequate for future greenway. e. Staff, after thorough review of facts, recommends approval. Additional informationto be furnished prior to appeal hearing. ? Enclosed please find the applicable Appeals Fee. \Sincerely, A. Duncan t JADCO CHEMICAL LTD. "Specializing in Formulated Chemicals" -0044 16055 S-W.74th AVENUE84 PORTLAND.OR 97223 -- - L 5 BETH BLUNT ATTORNEY AT LAW 2437 Pacific Avenue, Forest Grove, Oregon 97116 Telephone (503) 648-4887 October 7, 1982 Liz Newton Tigard Planning Department 12755 SW Ash Tigard, OR 97223 Re: Hearings Officer Order M2-82 Dear Liz: final Order, including Findings Attached please find my s and Conclusions, in the above-referenced matter. Also attached are all of the exhibits I receiveRdcorder gfor e ` hearing. Please submit this to the City filing. ' i Very truly -y,0s, i f 4 H BLOUNT earings Officer BB/cem l BEFORE THE HEARINGS OFFICER FOR THE CITY OF TIGARD IN THE MATTER OF THE APPLICATION FOR ) No. A SENSITIVE LANDS PERMIT TO FILL AND ) M 2-82 LANDSCAPE PROPERTY WITHIN THE FLOOD- ) PI.AIN OF FANNO CREEK; John and Janice Duncan, applicants. ) The above-entitled matter came before the Hearings Officer at the regularly scheduled meeting of September 23, 1982, at which time testimony, evidence and the planning department staff report were recieved; and The Hearings Officer adopts the findings and conclusions as set forth on the attached, which is incorporated by reference herein and marked Exhibit "A" ; therefore IT IS HEREBY ORDERED: M 2-82 is denied. The applicants shall remove all fill material previously placed within the flood plain of Fanno Creek no later than November 15, 1982. Dated this 7th day of October, 1982. HEARINGS OFFICER APPROVED: B 0 T ( CITY OF TIGARD FINDINGS AND CONCLUSIONS OF THE HEARINGS OFFICER File No. M 2-82 Applicant: John and Janice Duncan Proposal: To fill and landscape a portion of the Fanno Creek floodplain, for future development of a building. Date Application Filed: Decision Rendered: October 6, 1982 Last Date to Appeal: October , 1982. Staff Recommendation: Approval, with conditions Staff Representative: Elizabeth Newton Public Hearing: A public hearing was held in the conference room of the Durham Waste Treatment Plant, --igard, Oregon, on Thursday, September 23, 1982, at which time the matter was taken under ad- visement for a written decision. Speaking in Support of the Request: (Z) Dohn Duncan ave Larson (3) Bob Bledsoe Speaking in Opposition to the Request: (1) John S7'iwartz (2) Clifford Speaker (3) John Havery (4) Bob Bledsoe Exhibits: (1) Staff report (2) topographic map with cross sections of site (3) Tigard Planning Commission memo FINDINGS: A. Subject Property: 1. Description: Tax Lot 1500, WCTM 2S1 13A, City of Tigard, Washington County, Oregon, containing approximately 6.9 acres. 2. Location: The property is located on the northwest side of S.W. 74th Avenue, northeast of Durham Road. 3. Zone: M-3 Light Industrial; Greenway I { Page Two John and Janice Duncan M 2-82 4. Comprehensive Plan Designation: Industrial and Greenway/ Open Space 5. Site Description: There is an existing warehouse on the site which occupies approximately 1/4 of the total land area. A little more than 40% of the property lies within the 100 year floodplain of Fanno Creek; the property slopes toward Fanno Creek. B. Vicinity Information: The property to the northeast and south is developed for industrial uses. The western portion of the property is within the 100 year floodplain of Fanno Creek. The property west of the greenway is currently designated urban low den- sity residential and is partially developed. C. Public Facilities and Services: The provision of public facil- ities and services is not relevant to this application as no development is proposed at this time. D. Applicable Ordinances and Plan Considerations: The application is controlled by the comprehensive plan for the City of Tigard, adopted in October, 1371, but not yet acknowledged; by the Environmental Design and Open Space Plan adopted in August, 1377, but not yet acknowledged; the indus- trial an' narks and open space sections of the plan adopted by NPO #5; Section 18. 57 of the Tigard Municipal Code; and applicable LCDC Goals. The provisions of the Tigard documents are incorporated by reference herein. The comprehensive plan for the City of Tigard contains the objective to "utilize the natural drainageways provided by Fanno Creek. . . as the basic element in a system of connecting open spaces. " (Objective 1, page 51) . It also states that the greenway system will " (a) tie together recreation areas, schools, and their service areas; (b) provide protective buffers between incompatible land uses; (c) reduce flood hazard by restricting development along natural drainageways; . . . (f) preserve the amenity of the area. " (Objective 3, page 51) The comprehensive plan for the City, under the policies and standards section provides that the City should "Preserve natural drainageways by prohibiting development that would obstruct the flood plain. . . " (Standard 2,page 51) , but then states in a subsequent standard that the City should "Encourage developers on both sides of Fanno Creek to con- serve all trees within 50 feet of the adjoining bank. This Page Three John and Janice Duncan M 2-82 will create a physical buffer over 100 feet wide (including the creek channel) to separate potentially conflicting land uses lying on opposite sides of the creek. Since the 100- year flood plain ranges from 100. to 800 feet in width along the creek, the buffer will not upsurp [sic] land that is suitable for development. °' (Standard 4 , page 52) Standards 2 and 4 seem incompatible on their faces, one suggesting that the flood plain should be retained for open space, and the other suggesting that only a buffer of 100 feet should be retained, so land "suitable for development" is not usurped. Unfortunately, Standard 4 does not define some of the key words used to describe the Fanno Creek area, such as "adjoining bank" or "creek channel" . Those words have specific meanings in most flood plain ordinances, al- though they are not defined specifically in ordinance 18. 57 of the City Code. However, in 18. 57.020 of the Code, under the definition of "flood" , "stream channel" is .used to mean "nor ma flow of water" distinguishing that area carrying the "no that area from the area that floods periodically. If one uses that definition, reading Standard 4 of the comprehen- sive plan, only a buffer of 100 feet, plus the channel width of approximately 5-10 ' would constitute the only buffer between the industrial zone and the residential zone in this area. The balance of the land (on either side) could be filled and used for development, so long as the storage capacity of the floodplain, and the carrying capacity of the floodplain, were preserved under the guidelines set forth in 18.57 of the Tigard Code. However, in 1977 , the City of Tigard adopted the Environmental Design and Open Space Plan for the City. That document re- cognized that " [wlhile Tigard is fortunate to have a viable orm of industrial and commercial employemnt [sic] base in the f businesses, it is fundamentally a residential community. " (p• 12) busl ees es to say " [a] residentianvironment calls for a It In community design then, pleasant, relaxing atmosphere. The should include those aesthetic and natural features considered complimentary to a desirable living environment. One of the key features is the maintenance of a sense of openness. Open space not only provides visual relief but also recreational opportunity. Therefore, one of the objectives of this section is to ensure that a full complement of open space, in both large and small reserves, is provided as future development occurs. Once again, nature provides the essential ingredients, as well as a development guide. Fanno Creek and its tributary �. system provides an excellent opportdnity for linear open space, linking the entire community together. (p. 12) Based on those conclusions, the City adopted Policy 7, which states: t t Page Four John and Janice Duncan M 2-52 Retain the 100-year flood plain of Fanno Creek, its tributaries and the Tualatin River as be an estab- open preserve i erasbenestab- preserve (Greenway) , The Greenway shall fished as the backbone of the open space network irect public benefit can be derive , and when a developmn i.e. , adjacent resideeaifordpassiveerecreation and way should be develop pedestrian/bike travel. Today, there is a marked change in attitude, generally, about encouraging industrial development, often at the costude may befp�eher more intangible benefits- ara-faHowevert that tattitude is not valent in the City of Tig articularly reflected in the adopted documents of the City, P the Environmental Design and open Space Plan,which must guide this Hearings Officer' s opinion. From the adopted documents ¢ it is apparent that the City has made a choice: Of this City, lain as open space, in its natural keep Fanno Creek flood p pedestrian/bike state, and allow only passive recreation and travel uses within its boundaries. applicant in this matter met his burden of proof While the aPP technically, that fill could safely be paced establishing,within the flood Plain, without reducing the carrying l acity of the flood plain, his appli- capacity, or storage cap policy already established by this cation contravenes the City of no development within the flood plain oandaOpenCSpace Interestingly enough, the Environmental Design Plan speaks to the technical sipart, considering cesslofineval- in Fanno Creek. It states, in P uating the plan area for flood plains and wet lands, several informational problems were identified: 1. Discrepancies were found between calculated flood elevations and their demarcation on the official maps. flood3. Lack of disti-nctionbetwee the plainwfringeea of fastest stream flow) and the flood q. Lack of reliable hydrologic data regarding flood levels expected from future development. " (pages 9-10) In response to those problems, Policy 2 was written, stating: i "The City shall initiate anage and flood`�plain�managementtstudy ional water shed, storm d establish restrictive interim of the Fanno Creek basin, an standards for development until sufficient of adequacy. available interim to set standards at identified levels off anderosioncaused standards shall limit the rate of run t Page Five John and Janice Duncan M 2-82 by a development both during and at completion of construction, as well as development in all flood plain and wetland areas y identified in the physical inventory. " That study is underway now, as a cooperative effort with the Cities of Beaverton and ' Perhaps after that Tualatin, and with Washington County. study is completed, the City will consider a revision to their current policy to preserve Fanno Creek flood plain for recreational purposes. But that possibility is not before this Hearings Officer. As the application fails to meet the standards and policiOfficer of the various plans of the City of Tigard, the Hearing has not addressed the LCDC issues which may be relevant. CONCLUS IONS: The application violates the policies of the Comprehensive Plan of the City of Tigard and the Policies of the Environmental Design and Open Space Plan of the City of Tigard. RECOMMENDATION: Denial. The applicants shall remove all fill material pre- viously placed within the flood plain of Fanno Creek no later than November 15, 1982. Dated this 7th day of October, 1982. HEARINGS_ J CER BETH B UNT i nu 17� STAFF REPORT AGENDA ITEM 2. 1 CITY OF TIGARD HEARINGS OFFICER SEPTEMBER 23 , 1982 - 7:00 P-M- DURHAM WASTE TREATMENT PLANT - CONFERENCE ROOM Corner of S.W. Durham & S.W. Hall Tigard, Oregon A. FINDINGS OF FACT 1. GENERAL INFORMATION CASE: M 2-82 Sensitive Lands Permit REQUEST: For a Sensitive Lands Permit to include landscape and fill within the floodplain, for future development of a building and landscaping. RECOMMENDATION: Based on staff analysis of the technical information supplied by the applicant and site inspection, staff recommends that the Hearings officer approve the Sensitive Lands Permit with the conditions listed on Page 5 of the staff report. APPLICANT: John & Janice Duncan OWNER: Same 16055 S .W. 74th Tigard, Oregon 97223 LOCATION: 16055 S.W. 74th (WCTM 2S1 13A lot 1500) LOT AREA: 6 .9 acres PRESENT ZONE DESIGNATION: M-3 Light Industrial NPO COMMENT: No comments from NPO # 5 had been received at the writing of this report. PUBLIC NOTICES MAILED: 18 public notices were mailed to surrounding property owners on September 13, 1982. One written response was received and is attached as Exhibit "A" . 2. BACKGROUND On July 21, 1982, the Public Works Director wrote a memo to the city Council which is attached as Exhibit "B" . The owner had filled in the floodplain area of his property without a Sensitive Lands Permit. A Sensitive Lands Permit was filed on September 7 , 1982. STAFF REPORT M 2-- PAGE --PAGE 2 r ` 3. VICINITY INFORMATION The property to the northeast and south is developed for industrial uses. The western portion of the property is within the 100 year floodplain. Fanno Creek runs southerly through the property. All of the land within the 100 year floodplain is designated greenway/open space on the Comprehensive Plan. The property west of the greenway is currently designated urban low density residential. 4 . SITE CHARACTERISTICS There is an existing warehouse on the site which occupies approximately 4 of the total land area. A little more than 40% of the property lies within the 100 year floodplain. The property slopes toward Fanno Creek. B. APPLICABLE LAND USE POLICIES AND STAFF ANALYSIS 1. LCDC GOALS AND GUIDELINES a. Citizen Involvement - The intent of this goal is to insure the opportunity for citizens to be involved in all phases of the planning process. Owners of record within 250 feet of the site were notified by mail on September 13 , 1982. In addition, a legal notice was published in the Tigard Times on September 9 , 1982. b. Land Use Planning - All applicable LCDC goals and guidelines, NPO # 5 policies and Tigard Municipal Code sections have been considered in review of this application. C. Open Spaces, Scenic and Historic Areas and Natural Resources - The intent of this goal is to protect land which may have a value as open space, historic or natural resource areas. There are twelve resources to be considered in review of this goal. The resources applicable to the applicant's proposal are .as follows _ 1. Land needed or desirable for open space; a portion of this site is designated greenway on the City's adopted Parks and Open Space Plan. There is a bike path proposed for the greenway in this area but no other greenway uses are proposed. There is 100 feet of greenway between the residential lands to the west and the area the property owner has filled. STAFF REPORT M 2-82 (--- PAGE -82 (-PAGE 3 ( 2. Water areas, wetlands, water sheds and groundwater resources. A portion of the property lies within the 100 year floodplain of Fanno Creek. The applicant is proposing to remove approximately 850 yards of earth sloping to the 100 year floodplain to mitigate the fill which will allow for construction of a new building in the future. Section 18.57. 070 of the Tigard Municipal Code addresses standards for reviewing proposals to cut and fill within the floodplain. d. Areas Subject to Natural Disasters and Hazards - In the case of this site, flooding is a concern. The excavation proposed by the applicant will be done to meet the re- quirements of the City under Section 18. 57. 070 of the Tigard Municipal Code. This code section prohibits any fill or excavation which would reduce the capacity of the floodplain area or raise flood surface elevations or adversely affect flow direction on upstream or downstream properties. e. Economy - The purpose of this goal is to improve and encourage diversification of the State 's economy. Economic growth and expansion of existing businesses should be encouraged by the City. However, the benefits of encouraging business expansion in this case needs to be weighed against the effect of the applicant' s proposal on the floodplain and flood control treasures. f. Public Facilities and Services - The intent of this goal is to insure the availability of public services to developing areas. Sewer, water and storm drainage are available to service the site. Specific locations will be addressed at the time furture development occurs. 2 . APPLICABLE NPO # 5 POLICIES POLICY 22. The industrial portion of the NPO is seen as an economic asset .to Tigard community and land use decisions which affect this area must be judged according to their economic implication. 3. APPLICABLE POLICIES FROM ENVIORNMENTAL DESIGN AND OPEN SPACE PLAN POLICY 1. Designate areas of physical limitation (poorly drained, seasonally flooded, ground instability) and incorporate these designations in the City zoning Ordinance and Map, and develop gradutated development restrictions according to the distinct characteristics of the constraints and anticipated limitations. A portion of the site is designated greenway/floodplain and is subject to requirements under Chapter 18. 57 of the Tigard Zoning Code. STAFF REPORT M 2-C PAGE 4 Policy 5. The City shall adopt an ordinance to regulate the removal and/or replacement of existing natural vegetation in designated areas, e.g. floodplains, drainageways, areas of high visibility, unique habitats, or rare species. Significant trees or stands of lumber shall be protected. Chapter 18.57 of the Tigard Municipal Code regulates activity within the floodplain. i 4 . APPLICABLE POLICIES FROM THE TIGARD MUNICIPAL CODE Chapter 18.57 Sensitive Lands a. 18 . 57 .010 Statement of Intent - The floodplain district_ has for its purpose the preservation of natural water storage areas within the floodplain district by dis- couraging or prohibiting incompatible uses. b. 18. 57. 040 Uses and Activities allowed with a Special Permit (2) (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 floodwater flow. The new fill and excavation proposed by the applicant will alter the topography of the site. C. 18 .57.060 Special Use Permits - The applicant has provided the staff and Hearings Officer adequate in- formation to make a decision on the proposal. d. 18.57 .070 Standards - (a) Application for a special use permit in floodplain areas shall be granted or denied in accordance with the following standards: (1) No structure, fill, excavation, storage or other use shall be permitted which alone or in combination with existing or proposed uses would reduce the capacity of the floodplain area or raise either the flood surface elevation or flow rates, or adversely affect flow direction on upstream or downstream properties , or create a present or forseeable hazard to public. health, safety and general welfare. The applicanth narrative (Attached Exhibit "C") addresses standards required for action on a Sensitive Lands Permit to allow fill and excavation within the 100 year flood- plain. The City Engineer has reviewed the applicant's narrative. His comments are attached as Exhibit "D" . Briefly, the City Engineer finds that the proposal is consistent with the City's "zero .foot" f loOdway ordinance and that any change in direction of flow are not detrimental to the health, safety and welfare of the public and will not adversely affect upstream or downstream properties. STAFF REPORT PAGE 5 f 5. APPLICABLE OREGON REVISED STATUTES SECTIONS Staff has ,attached applicable ORS sections to this report (attachment "E") . C. STAFF ANALYSIS AND CONCLUSIONS After careful review of the technical data submitted by the applicant, it is the opinion of the City Engineer and staff that the fill presently in place, if offset by the excavation proposed by the applicant, does not violate the intent or purpose of the floodplain district. Further, 100 feet of green- way/open space buffer will remain between this site and the land designated single family to the west. It is staff 's opinion that 100 feet is adequate for the purpose intended for the Greenway. The applicant's proposal will not reduce the capacity of the floodplain area, raise the flood surface elevations or flow rates, adversely affect flow direction or create a hazard to public health, safety and general welfare. Remaining issue regarding this proposal involves the Greenway Bikeway System. In accordance with the adopted Parks and Open Space a bike path is to be constructed along Fanno Creek within the Greenway area. (see attached map Exhibit "F" . ) When development occurs adjacent to greenway area, it is the responsibility of each property proposing development to complete their portion of the Greenway Bikeway Systgm, .or at a minimum acquire an estimate for the construction of the bike path and submit a deposit to the City to cover the cost of construction. Staff recommends approval of the Sensitive Lands Permit allowing the new fill to remain and permitting the excavation as proposed with the following conditions: 1. A soils investigation by an approved soils engineer of the area to be filled shall be made before and after the filling and excavation occurs. 2. The material used for stream bank protection shall be as required on attached plan from the City of Tigard Drainage Plan. (figure # 6 .1) The rip rap shall go in prior to November 15, 1982. 3. All lands remaining in the 100 year floodplain shall be dedicated to the public prior to the issuance of any permits. The dedication document shall be recorded with Washington County after it is approved by the City. STAFF REPORT PAGE 6 Conditions continued: 4 . A plan showing the topography of the entire site and potential areas of cut and fill, if any, as a guide for determining Greenway boundaries, shall be submitted prior to permit approval. 5. The applicant shall construct a bikeway to City standards the length of subject property, to meet the approval of the City Engineer; or at a minimum the applicant shall submit to the City an estimate for the cost of construction for the bikepath and a deposit to cover those costs. Should the permit not be approved the new fill shall be removed prior to November 15, 1982. f I //cA// IIAIIS�11M) AO PREP D BY: Eliza eth A. New n APPROVED BY: William A. Mo n Associate Planner Director of Planning and Development REVIEWED BY: Frank A. 'Currie Public Works Director i i s I 3 C7 r -'HIBIT nAn J i_n September 15, 1982- 151 982151 1 5 S--,'/- 74th Ave l Fp ,7 T:Lr7ard, Oregon 97225 OTigard _'earin-:s Crficee/7-Y Plannin ,Di�shtove OF p�NN/NG p�pD t 12755 S.'�� . Ti�arc?, Oregon 97223 7'. D-ar Sir: i Re: Sensitiv�e Lards Permit M 2-82 Jadco Chemical NPO r5 As the owner of 2 acres on S.N. 74th Ave. for 40 years or so t I think the, permit should be denied and I ani wondering 1 . ':Why with city, county and state police passing the corner of 74th Ave, and Durham Road this illegal land fill on the flood plain of Fanno Creek was ever allowed to start Each fall and spring durin.; flood time the waters of the creek easily reach � 74th Ave. at this point. 2. In spite of three desist orders from the city, orders plainly hosted on trees the dumping has still cone on and is btill in progress. No-a besides the fill dirt rubbish and ce:_ent tailings are being added to the fill to polute the creek. 3. Mr. John Duncan or whoever is responsible for the fill should be required to turn the area to its original state, for the loss of this reservoir for floodwater will push the flood crater farther � up the creek and caused last fall the floodinm of the parking area of the new apartments on Bonita Ro._ d. 4. To the city official concerned: It should be noted that the drain- ---- --are A-who was responsible for the fill, has neglected to place a screen or grate over the mouth of the sewer where it flows into � the creek and right now with the creek low small children could creep into the tile without even ge-trtir_., their feet viet. r_ grating should be installed at once. Sincerely yours, C.A. Hubbard Carbon retained C _. fEXHIBIT "B" C July 21, 1982 r MEEMORANDUM TO: City Council FROM: public Works Director f6 SUBJECT: Floodplain Filling at 74th Avenue & Durham Road M- s An estimated 5,000 cubic yards of fill have been placed in the floodplain at SW 74th Avenue and Durham Road without a permit. A stop work order has been issued and the property owner given until Wednesday, 1 July 21, 1982, to pick up a sensitive lands application at City Hall. i This pe-.m.3t will require considerable engineering and soils work on behalf of ¢ the property owner to give us the information necessary to evaluate the extent of the impact on the floodplain, floodway, greerlway and open space. I anticipate allawing the property Owner until the end of August to accomplish F the necessary engineering and hydraulics work and submit a completed sensitive 4 lands application_ I Staff evaluation and staff report should be completed in time to allow the Hearings Officer to render a decision in -September, in plenty of time to have any material removed before the rainy season should that be required- We will keep the Council updated on the progress of this issue. I s i i i • -- .�'% r !� f•' �til . �� ��� � O i' •''-'fir' � •\\\ { � �- � ,� ,�� ��, \. oma. �• 1C+7 JJ _MACKENZIE ENGINEERING INCORPORATED Sheet 1 of 3 EXHIBIT "C" MEI Job #182367 JADCO INTRODUCTION The following narrative will provide brief responses to the Tigard Boning Ordinance criteria for a Sensi- tive Lands Permit. The proposal includes cut and fill within the floodplain_, for future development of build- ing, landscaping, and open space. The fill material which has been placed on the site, .._ was obtained by the applicant from the contractor in- stalling a new storm water drainage pipe in Durham Road, as well as other local construction projects. The applicant received the material after checking with the State of Oregon. He was unaware that a per- mit for filling, from the City, was required on the assumption that disposing of the excess material in this manner would be of value to all parties concern- ed. The filled area was previously a low depression, sub- ject to periodic flooding from Fanno Creek. With the addition of the fill, the applicant will utilize the x a upland area for future building, parking and land- scaping, while the slope, floodplain, and stream chan- nel will remain in a natural character. It should be emphasized that although the fill has been placed, the applicant was not aware of the necessity of permits, and did not intend to circumvent any regula- tions. In addition to the following statements addressing Sec- tion 18. 57 (Sensitive Lands) and Part II (a) 4 of the floodplain application, a site plan has been prepared and accompanies the application. Also, complete engi- neering calculations have been submitted to the Direc- tor of Public Works. ' A. The pro2osal will not reduce the capacity of the floodplain area or raise either the flood_ surface elevations or flow rates. The proposal maintains the floodplain capacity in two ways: 1. The channel flow capacity is maintained by reducing the wetted perimeter of the channel which reduces flow resistance and friction, and increases the hydrau- lic efficiency of the channel. The flood Principals: • Thomas R.Mackenz.'e Eric T.Saito M.M.Breshears i 1 1 1 0690 S.W. BANCROFT STREET PORTLAND, OREGON 97201 • PHONE 503/224-9560 MAC ME ZIE ENGINEERING INCORPORATED Sheet 2 of 3 MEI Job 4M182367 JADCO profile is controlled downstream by the constriction at the Durham Road bridge. This constriction remains unc'-snged by this proposal . 2. The storage volume of the floodplain will be maintained by excavating areas between the top of existing creek bank and toe of fill slope. The capacity of Fanno Creek, adjacent to the subject property, has been calculated for the following conditions: 1. Existing stream (prior to fill) . 2. Existing stream plus fill to date. 3 . Proposed total fill, floodplain alteration. B. The Proposal will not adversely affect the flow ci f direton on upstream or downstream properties. F The proposal does not include any relocation of the main stream channel, therefore, no redi- rection of flood flows will occur. C. Identify any foreseeable hazards to public health, safety and welfare, and how they will be mitigated. The proposal will not create or increase any hazard to the public health, safety or general welfare since the basic drainage way character will not change. In most cases a drainage way is not considered hazardous, since in its natural state a flood water rise will occur slowly enough to pose no particular danger. Currently, large boulders and trees have been dropped over the edge of the fill. These will be removed, as they present minor flow restric- tions in their current location (the log could float out and result in substantial constric- tion in the stream channel) . MACKENZIE ENGINEERING INCORPORATED Sheet 3 of 3 MEI Job # 182367 JADCO The earthwork (cut and fill) proposed will re- suit in no change in the 100 year flood profile, which is consistent with the City of Tigard's adopted "zero foot" floodway ordinance. s (see attached General Data Sheet and Computa- tions submitted to the City Engineer) . F D. Erosion Control. Erosion Control must be an integral part of the alteration proposal. The alteration increases the average stream velocity only about 13%, (approx..5 fps. ) , however, the existing stream k velocity is detrimental to unprotected native material. r The relatively granular fill should be rip- rapped i p- rapped with 6" - 12" pit run rock to 1' above the 100 year floodplain. The excavation area should have an established native grass cover prior to any major stream flows, as stream 3 velocities above 4 feet per second could cause y erosion of the silty-clay soil. ' 3 CONCLUSION The proposal as herein outlined will allow industrially zoned property to be developed to a higher level. it has been demonstrated that the proposed modifications to the 100 year floodplain will not cause a rise in the flood profile; will not create re-direction or increase in flow; will not cause erosion and sediment transport y utilizing the recommended erosion control methods. t f f .DL/slm W GENERAL DATA SHEET Backwater Curve 100 year flow rate at Durham Road - 5903 CFS, based on Corps of Engineers Data for river mile 1. 44. Downstream control is the Durham Road Bridge, as channel and flood profile steepen significantly downstream of the bridge. Mannings "n" = 0. 06 Velocity Coefficient = 1. 36 Control PT elevation: C.O.E. 100 year elevation, 129 .19. 100 Year Flood Profile Elevations Before and After Construction Sec- Elev. before Elev. after Elevation Elev. after Elevation tion Current Fill Current Fill Change Proposed Fill/Exc. Change 0 129. 19 129. 19 0 129. 19 0 A 129. 62 129. 64 +. 02 ' 129.63 +. 01 B 129. 81 129. 85 +. 04 ' 129. 80 -.01 C 129.99 130. 03 +. 04 ' 129.99 0 Average Stream Velocity Before and After Construction 4 .- Vel. before Vel. after Velocity Vel. after Velocity tion Current Fill Current Fill Change Proposed Fill/Exc. Change 0 7.47 7. 47 0 7. 47 0 A 4 .22 4. 86 ft/sec. +0. 64 f t/sec. 4 . 87 +.55 ft/sec. B 3.33 3.77 ft/sec. +0. 44 f t/sec. 3. 71 +. 38 ft/sec. C 3 .46 3. 43 -0. 03 ft/sec. 3. 09 +. 44 ft/sec. I now f COMIF WASHINGTON COUNTY.OREGON �VER'AL APPLICATION FORii CASE No. CITY OF TIGARD, 12755 SW Ash , PO Box 23397 RECEIPT No. Tigard, Oregon 97223 - (503)639-4171 _ 1. GENEKd%L INFOF1-1ATION FOR STAFF USE ONLY: PROPERTY ADDRESS . 16055 S. W. 74th. Associated Cases: Tigard, Oregon 97223 LEGAL DESCRIPTION T25 R1.W Section 13(A) TL 1500 INTERNAL PROCESSIbW- ,: Accepted f or Pre-rApp. : SITE SIZE 6.9 acres _ f PROPERTY OWN ER/DEED HOLDER John A. Duncan, Janice M. Duncan B y= - ADDRESS 16055 S. W. 74th PHONF. 684-0044 pre-A ' P_P . CITY Tigard, Oregon ZIP 97223 Date &• Time APPLICAPIT" Same as cwner ADDRESS PHONF, _ _ Accepted for Decision= CITY ZIP By: *Where the owner and the applicant are different people , the applicant must be the purchaser of record or a leasee in Hearing Date: ossession with written authorization from the owner or an agent of the owner with written authorization. The written Hearing Reset To: authorization must be submitted with this application. 2. REQUIRED LETTER OF AUTHORIZATION IS ATTACHED ❑ YES ❑ NO. Decision: filed & mailed 3. ' THIS APPLICATION INVOLVES THE FOLLOWING: APP. Accepted for Appeal: _ Comprehensive Plan Amendment FEE FILED PAID _ from to By: quasi-judicial ------ legislative Date of Hearing: Zone Change from to quasi-judicial legislative DESCRIPTION: Planned Unit Development Comp. Plan iesignatLv concept plan detailed plan NPO No. Subdivision i Major Partition Minor Partition 'Zoning District Design Review Conditional Use Zoning Map No. Variance to Zoning Ordinance (Title 18) Quarter Section Variance to Subdivision Ord. (Title 17) Sensitive Land Permit STAFF NOTES: { _ Floodplains Drainageways �— Steep Slopes '�— Other GP.1\Ei2.Ai. APPLICATION 1`01:`i _ PAGI- 2 CASE No. CITY OF TIGARD, 12755 SW Ash , PO Box 23397 Tigard , Oregon 97223 - (503)639-4171 C �PPLEMENTAL. INFORMATION (TO BE PROVIDED BY APPLICANT) FOR STAFF USE ONLY Notice of Response ( A ent 4 . DISTRICTS P es No Yes SCHOOL DISTRICT Tigard 23 J WATER DISTRICT Tigard Water District FIRE DISTRICT Tualatin Rural F.P.D. PARK DISTRICT Tigard UNIFIED SEWERAGE AGENCY - Sewer Available: YES X NO OTHER 5. PUBLIC UTILITIES ELECTRICITY P.G.E. NATURAL GAS Pacific Northwest Natural Gas. TELEPHONE General OTHER 6. PUBLIC TRANSIT (TRI MET) NEAREST BUS ROUTE AND STOP #37 & #38 at Durham & Boones Ferry ##43 at Hall & Durham 7. . OTHER INTERESTED AGENCIES (SPECIFY) Unified Sewerage Agency i E F S�S P 8. CHARACTER W THE AREA EXISTING LAND USE PLAN DESIGNATION ZONE VERIFIED BY STAFF NORTH Vacant R 7 SOUTH Psi 4 Durham Rd. EAST 74th Avenue R 7 WEST Vacant R 7 . GCI\ERAI. APPLICATION FORM - PAGE 3 CASE No. (-"ITY OF TIGARD, 12755 SW Ash , PO Box 23397 -igard , Oregon 97223 - (503)639-4171 9. CHhICGES IN THE CHARACTER OF THE AREA WHICH AFFECT THIS APPLICATION. Please Discuss: Recently, a gradual development of property along 72nd and Durham Road of an industrial nature has taken place. This project involves creation of additional building area for future building(s) , and-thus would be an extension of tl4s gradual growth of industrially zoned property in the City of Tigard. 10. DESCRIPTION OF THE SITE Lot Area (acres, square feet) 6.90 acres ' s 11. EXISTING STRUCTURES ON THE SITE Square Distance From Property-Line Use Feet North South East West i Light Manufacturing 7800 3001 (County Zoning MA-1) s c t z NATURAL CONDITIONS 12. Percent Slope: 13. Vegetation Types: Average Diameter Percent Of Each Yes No Size Of Trees Per Size Trees: X 2" & Less 80 % Brush: X 10 - 12" 20 no tree removal at t1lis,,tM Grass: X _ 14. Floodplains: X How much of the site is in floodplain? 43% 15. Water Courses X What type? Small intermittent 16. Rock Outcroppings X 17. Other: 18. Proposed Development: Please briefly describe the proposed development: The PrCPDsed sensitive land application request includes landscaping and filling for fu_ twee building development. The owner seeks the c-ity°s a_-roval of the filling that was acn::%x ilshed without . The awrer s �wa'e o�t,ie ci s sensitive lands 't requirements. CASE No. GES EIZAL- APPLICATION FORM - PAGE 4 C .TY OF 'TIGARD, 12755 SW Ash, PO Box 23397 yard , Oregon 97223 - (503)639-4171 13. The following is is not required.® � 1 2p_ Overall Site Development ial Open Space Other Roads Total Residential Commercial Industr + Future ( a'k-nJ 7 No. of acres Building ar 3000 300,564' or square _ -- 7800 feet per use Percent of 96.4% 1 % site 260 — covert e Type of Residential Use and Characteristics #F of Bedrooms/Unit T pe of Use # of Units EFF. 1 2 3 4 Proposed Density Where applicable, please explain how the open space , common areas and recreational facilities will be maintained. r F i 4 if the project is to be completed in phases , please describe each phase of the project. • I r CASE No. *-ENERAi; APPLICATION FORM - PAGE. 5 CITY OF TIGARD, 12755 SW Ash , Po Box 23397 Tigard , Oregon 97223 - (503)639-4171 THE FOLLOWING PEOPLE, AS REQUESTED BY THE APPLICANT, SHALL BE NOTIFIED OF EACH HEARING. (e.g. Attorney, Surveyor , Engineer) Staff Notice Notice Report Decision of Review Name Dave Larson/Mackenzie Engineering Street 0690 S. W. Bancroft Street r Cit po 1 State CXR zip 97201 Name Stree t Cit State zip Name { Street city State Lip - t Name Stree t City State zip i FPLICANT SER - i i - r . I t t til EXHIBIT "D" 1 . City Engineer has reviewed all calculations presented with the application and finds that the proposed alterations to the site are consistent with the citt.ps adopted"zero' foot/floodway ordinance and further, that any increase/ in velocity or change in direction of flow are not detrimental to the health, safety and welfare of the public and will not adversely affect upstream or downstream properties. The city engineer also finds that the proposed changes actually increase the hydraulic efficiency of _ the stream. 2. s:: applicant to provide a plan for development of the complete parcel . (At least on this side of the creek) If no more filling is proposed in the 100-year floodplain, then all land in the 100-year floodplain after all proposed filling should be dedicated to the public for greenway purposes. 3. Contribution to proposed bike trail system should be required in lieu of of construction of a bike trail portion at this time. 4. It appears some filling has been done in the northeast portion of the property which may also be involved in an intrusion into the 100-year floodplain. Should be "checked out." F k 4 x z f s g EXHIBIT "E" 54 1.060 NVA-TEIR otherwise. Damage resulting from extraordi- 541.080 Suits involving water rights; +V nary and unforeseen action of the elements,or parties; decree as to priorities. In any suit attributable in whole or in part to the wrong- commenced for the protection of rights to ful interference of another person or irriga- water acquired under the provisions of the Act tion, drainage, water improvement or water of 1891, pages 52 to 60, Oregon Laws 1891, control district organized pursuant to ORS the plaintiff may make any or all persons who : M chapter 545, 547, 552, 553 or 554 with the have diverted water from the same stream or irrigation, drainage, water supply, water source parties to the suit, and the court may control or flood control works, which may not in one decree determine the relative priorities _ r be known to the person or irrigation, drain- and rights of all parties to the suit. Any per- age, water improvement or water control son claiming a right on the stream or source, sr district organized pursuant to ORS chapter not made a party to the suit, may become such 545, 547, 552, 553 or 554 for such length of on application to the court, when it is made to time as would enable the person or irrigation, appear that he is interested in the result, and drainage,water improvement or water control may have his right determined.The court may district organized pursuant to QRS chapter at any stage, on its own motion, require any =Yi• 545, 547, 552, 553 or 554 by the exercise of persons having or claiming rights to water on reasonable efforts to remedy the same, shall the stream or source, to be brought in and not be recovered against the person or irriga- made parties, when it appears that a complete - s tion, drainage, water improvement or water determination of the issue involved cannot be control district organized pursuant to ORS made without their presence. chapter 545,547,552,553 or 554. APPROPRIATION OF WATER (2) An action or suit under subsection (1) FOR MINING AND ELECTRIC of this section must be commenced within two POWER,UNDER 1899 ACT years from the date when the damage is first -- discovered or in the exercise of reasonable 541.110 Use of water to develop min- care should have been discovered. However,in eral resources and furnish power. The use a` no event shall any such action or suit be com- of the water of the lakes and running streams menced more than four years from the date of Oregon for the purpose of developing the the damage actually occurred. [1979 c.882§11 mineral resources of the state and to furnish electric power for all purposes, is declared to 541.060 Waste of water-, flooding be a public and beneficial use and a public _ premises; unnecessary diversion. Every necessity. Subject to the provisions of the rc corporation having constructed a ditch, canal Water Rights Act(as defined in ORS 537.010), or flume under the provisions of the Act of the right to divert unappropriated waters of _- 1891, pages 52 to 60, Oregon Laws 1891, shall any such lakes or streams for such public and carefully keep and maintain the embank- beneficial use is granted. - ments and walls thereof, and of any reservoir 1.120 Ditches, etc., through lands; :1 constructed to be used in conjunction there- two or more Prohibited; use of existing with, so as to prevent the water from wastingA. { and from flooding or damaging the premises ditch by others than owner; joint liability. of others. The corporation shall not divert at No tract or parcel of improved or occupied P.r any time any water for which it has no actual land in this state shall, without the written use or demand. consent of the owner, be subjected to the bur- den of two or more ditches, canals, flumes or 541.070 Ditches, canals and flumes as pipelines constructed under the Act of 1899, ±i F real estate. All ditches, canals and flumes pages 172 to 180, Oregon Laws 1899, for the permanently affixed to the soil, constructed Purpose of conveying water through the prop- under the provisions of the Act of 1891, pages erty, when the same object can be feasibly and t practically attained by uniting and conveying 52 to 60, Oregon Laws 1891, are declared to be all the water necessary to be conveyed :' c real estate, and the same or any interest ro through such rt in one ditch, canal, therein shall be transferred by deed only,duly g property witnessed and acknowledged. The vendee of flume or pipeline. Any person having con- the same, or any interest therein, at any stage structed a ditch, canal, flume or pipeline for the purpose provided in the Act of 1899 shall shall succeed to all the rights of his vendor, and shall ed subject to the same liabilities allow any other person to enlarge such ditch, canal, flume or pipeline, so as not to interfere during his ownership. 302 �- • 541.055 mISC ELLANEOUS l'ROVISIUNS WATER COMPANIES ditches, canals, flumes, distributing ditches, ating ORGANIZED UNDER 1891 ACT wa erfeeders under the provisioons of the Act ofration 1891, 541.010 Furnishing of water for cer- across all lands belonging to the fStaie °s fain purposes declared to be a public Oregon and not under contra , utility; rates; amendment of law. (1) The granted. use of the water of the lakes and running 541.040 Headgate; mode of construc- streams of Oregon, for general rental, sale or tion. Every corporation having constructed a distribution, for purposes of irrigation, and ditch, canal or flume under the provisions of supplying water for household and domestic the Act of 1891, pages 52 to 60, Oregon Laws consumption, and watering livestock upon dry 1891, shall erect and keep in good repair a lands of the state, is a public use, and the headgate at the head of its ditch, canal or right to collect rates or compensation for such flume, which, together with the necessary use of water is a franchise. A use shall be embankments, shall be of sufficient .height deemed general within the purview of this and strength to control the water at all ordi- section when the water appropriated is sup- nary stages. The framework of the headgate shall be of timber not less than fourr inches plied to all persons whose lands lie adjacent to or within reach of the line of the ditch, canal or flume in which the water is conveyed,with- square, and the bottom, sides and gate shall be of plank out discrimination other than priority of con- not less than two inches.in thick- tract, upon payment of charges therefor, as ness. long as there may be water to supply. 541.050 Leakage or overflow-, liabili- ty; Every corporation having (2) Rates for the uses of water mentioned constructed a ditch, canal, flume or reservoir exception- _ in this section may i,.:fixed by the Legislative co under the provisions of the Act of 1 Assembly or by such officer as may be given e liable pages 52 to 60, Oregon Laws l$91,shall for be that authority by the Legislative Assembly, but rates shall not be fixed lower than will all damages done to the persons or property of allow the net profits of any ditch,canal,flume others, arising from leakage or overflow of !% or system thereof to-equal the prevailing legal water therefrom growing out of want of rate of interest on the amount of money actu- strength in the banks or walls, or negligence � or want of care in the management of the ally paid in and employed in the construction ditch, canal, flume or reservoir. However, and operation of the ditch, canal, flume or mage resulting from extraordinary and system. unforeseen action of the elements,or attribut- (3) This section and ORS 541.020 to able in whole or in part to the wrongful inter- 541.080 may at any time be amended by the ference of another with the ditch,canal,flume Legislative Asse1:'''v, and commissioners for or reservoir, which may not be known to the the management of water rights and the use corporation for such length of time as would enable it by the exercise of reasonable efforts of water may be appointed. to remedy the same, shall not be recovered 541.020 Construction of ditch, etc., by against the corporation. corporation; route across lands. Whenever 541.055 District liability for seepage s any corporation organized under the Act of 1891,pages 52 to 60,Oregon Laws 1891, finds and dksa leakage tio on commewater or ncement of it necessary to• construct its ditch, canal, flume, distributing ditches, or feeders across action. (1)Any person or irrigation,drainage, the improved or occupied lands of another, it water improvement or water control district shall select the shortest and most direct route organized pursuant to ORS chapter 545, 547, or main- practicable, having reference to cost of con- 552, 553 or 554 that drainage, water supply, rates struction upon which the ditch, canal, flume, tains any irrigation, ' distributing ditches, or feeders can be con- water control or flood control works shall be structed with uniform or nearly uniform liable for damage caused by seepage and leak- grade. age from such works only to the extent that such damage is directly and proximately j 541.030 Ditches, etc., across state caused by the negligence of the person or lands; grant of right of way. The right of irrigation, drainage, water improvement or i" way,to the extent specified in the Act of 1891, water control district organized pursuant to pages 52 to 60, Oregon Laws 1891, for the ORS chapter 545,547,552,553 or 554 and not i;� 301 • CHANNEL BANK PROTECTION i 6_01 .00 General Channel bank protection is necessary when natural bank material is unstable as discussed in Section S. Riprap of rock, rubble masonry with grout, sacked concrete, and broken concrete slab are most commonly = used to protect embankment or channel slopes of unstable material . -.02.00 . Rock Riprap Rock riprap is either light loose or heavy loose riprap. Either should-be p-iaced-on a one-foot thick filter material graded from sand _ to- 6 inch gravel to protect the original bank material from scour or sloughing. The filter should be graded in layers from fine to coarse out to the riprap. Riprap thickness should be 2 feet thick for light loose and 3 feet thick for heavy loose riprap. The .toe of the riprap should be placed below the channel bed a depth equal to the thickness of the riprap. i OD= /DO yr depf/i MR / or f/after Typica/ Roclr Pi� f Fig. 6-1 TRANSCRIPT OF HEARING BEFORE CITY OF TIGARD HEARINGS OFFICER September 23, 1982 - 7 :00 p.m. Durham Waste Treatment Plant Conference Room Corner of SW Durham Road and SW Hall Blvd. Tigard, Oregon Re: M 2-82 - Sensitive Lands Permit - Jadco Chemical Present as Staff: Beth Blount, Hearings Officer, City of Tigard Elizabeth Newton, Associate Planner, City of Tigard Note: The Hearings Officer introduced herse] and Elizabeth Newton. She referred to the written procedures for the hearing, and set forth the procedure to be followed. She ascertained there were no objections by those present to her hearing this case. s Newton: This is a sensitive lands permit request to fill within the floodplain, including landscaping, for future development of a building and landscaping. The applicants are John and Janice Duncan. The property is located at 16055 SW 74th in Tigard; it is 6.9 acres, the zoning designation is M-3 Light Industrial. f We received no comment from NPO 5 at the writing of the staff report. We mailed 18 notices, and one written response was received . k On July 21 the Public Works Director wrote a memorandum to the City Council which is also attached to the staff report. The owner had filled in the floodplain area of this property without a sensitive a lands permit. Since then a permit was filed with the city on t September 7, 1982. Based on staff analyses of the technical infor-ma- ! tion supplied by the applicant and site inspection, staff recommends E that the hearings officer approve the sensitive lands permit with the conditions listed with the staff report. The staff has applied all. applicable 1,CDC goals , NPO 5 policies, policies from the environmental design and open space plan, poli- cies from the sensitive lands chapter of the Tigard Municipal Code., and we can go over the conditions. 's Blount: (. . . .Suggesting she do so. . . .) E Newton: Okay. Staff recommends approval with five conditions. The conditions are: r 1. A soils investigation by an approved soils engineer of the area to be filled shall be made before and after the filling and excavation occurs. 2. The material used for stream bank protection sliall be as required on attached plan from the City of Tigard P-ainage Plan. . The riprap shall go in prior to November 15, 1.982. -1- t k i t TRANSCRIPT OF HEARINGS OFFICER HEARIN(; EJadco Chemical Sept. 23, 1982 Newton: 3. All lands remaining in the 100 year floodplain shall be (Cont.) dedicated to the public prior to the issuance of any permits. The dedication document shall. be recorded with Washington County after it is approved by the City. 4. A plan showing the topography of the entire site and poten- tial areas of cut and fill , if any, as a guide for determining Greenway boundaries, shall be submitted prior to permit approval.. 5. The applicant shall construct a bikeway to City standards the length of subject property, to meet the approval of the City Engi- neer; or at a minimum the applicant shall submit to the City an estimate for the cost of construction for the bikepath and a deposit to cover those costs. Blount : I have one question on your recommendations, recommendation on Condition No. 1. What are you accomplishing on the soils investi- gation -- do they want to know whether the fill is solid? Newton: Yes, for future building if there is to be a building placed on the fill. And the before would be only in the case of the excavation that is to occur. i Blount: But your goal in the soils investigation is to make sure that it is E suitable for a building? i f Newton: Yes. t Blount: All. right. Are there any questions that need clarification regarding the staff report? This is a time for questions, not testimony. { Duncan: That engineering report that you anticipate on the sensitive lands j fill permit and the engineering report will follow? Newton: The engineering report would be filed after the permit. Blount : Again we are talking about the soils report? is that what you are talking about? Any other questions in clarification? Okay. Then I will open the public portion of tile. hearing, and I will ask either the applicant or his representative. Duncan: I am John Duncan. (Wrote out his name and address.) I am John Duncan, and I am the property owner at 16055 SW 74th. . . . . . the history of what happened, I did put the fill in, and I had advice from certain people which didn' t turn out to be correct. After I did this I found f heard from the City of Tigard. They said I had to file a permit for this, and when I heard from them I merely had the people stop putting the fill in. I fulfilled the -2- a I TRANSCRIPT OF HEARINGS OFFICER HEARING i .ladco Chemical Sept. 23, 1982 Duncan: request of the City of Tigard, and I hired McKenzie Engineering, (Cont. ) Dave Larson, to do the work after the ,`.act. And that's where we are at. As far as hoin€ over this stuff right here (referring to conditions) : No. 1, you know, that 's fine, the soils investigation . . check on the material used. Going on to No. 2. The thin; that I would like to delay is item No. 3 (dedication of floodplain) . Blount : You just want to delay it? Duncan: No, I would, you know, go along with this at the time we are ready to put up a building or do something with the property. Blount : Well, yoci are doing something with the property now: you are filling. Duncan: Right. Blount : But I guess I need some more information why you would like No. 3 waived. i Duncan: I just don' t think this is the proper time to turn something like this over to the city. i Blount: Why not? Duncan: Well, (hesitating) I just feel that when the time comes that I 1 do want to do something --- i i Blount : What's the difference, Mr. Duncan What's the difference between i giving it to the city now, and giving it to the city at the time you want to build a building? You are still giving it to the city. i Duncan: Well , the thing of it is, you know, they might have, when it comes time that f do, you know--when I do, if. I do, want to put up a building, they might have some other conditions. You know maybe I could use that property for negotiatin'; when I put up my building t or do something, maybe for landscaping or something like this, and - use this as a trade off. (Long pause.) That , basically, is what - - Blount: You don' t have any objections to 4 and 5? Duncan: Yeah, let's see here. Four, I don't have any objection to that. No. 5, as far as -- again when the time comes as far as, you know, putting the bike path and stuff, I don't want to put up any money right now, but when the time comes to put a bike path up, I will have the money to pay for it. The reason I don't want to do it at this particular time is due to economic- conditions. That's basically what --- -3- TRANSCRIPT OF HEARINGS OFFICER HEARING Jadco Chemical l Sept. 23, 1982 Blount : All right, thank you. Anyone el.se wishing to speak in favor of the application: Larson: My name is Dave Larson. I represent McKenzie Engineering, Portland. Regarding Condition No. 4, it asks that further information be provided on the entire site topography, and then also an idea of what the ultimate development of this side of the creek would be. At an appropriate time I would like to submit this. Blount: Okay, you can submit it; but I am not a qualified engineer to approve whether this meets city standards or not, so --- Larson: Frank Currie asked that I generate this and have it available. Blount: Okay, that's fine. Okay, why don't you -- Just let me mark this. Are these three copies all the same thing? Larson: All the same thing. Blount: Okay, I will mark this as Exhibit 2. Exhibit 1 tonight is the Planning staff report. So this is the topographic map? A side view cross sections. Okay. Existing warehouse, here's the creek, { top of the cut, tope of the slope, top of the slope. Okay. But you have not shown any proposed building sites here"? Larson: At this time the applicant came to us merely to satisfy his require- i ment by the city to resolve this matter in ' he most expeditious manner. He represents that there is no immediate plan for a building-, and that at some time in the future he will be approaching the city for appropriate permits when planning the building. E Blount: All right, thank you. Larson: I preserved the work on this, if there arc any questions. 4 s Blount : Thank you. Anyone else wishing to speak in favor of the application? Okay, I see none. Those in opposition? Okay, come up front. Your name is -- Schwartz: John Schwartz (wrote it out) . Okay. It's not that I am personally against a person developing their own property as they see fit. I am very sensitive in that area myself. However, I feel that possibly the Hearings Officer should have a little background knowledge of how this hearing came about tonight. Blount: Okay, wait a second. Let me state something for the record here that will put this all in context. I realize there is a substantial amount of unrest about the fact that fill occurred before the permit application. I do not consider that particular sequence of events in -4- TRANSCRIPT OF HEARINGS OFFICER 11EARING Jadco Chemical Sept. 23, 1982 Blount : determining whether in fact a fill should be on that site or not, (Cont.) because theoretically we could refuse to accept an application, he could remove all the fill, turn around and apply, and we would have exactly the same data before us that we are going to have before us tonight. So I am considering this application as if there is no fill on the property, and I am considering the engineer- ing data that's available, both regarding the fill and the need of protections for the fill to see whether it falls within the criteria of the sensitive lands permit. So, keeping that in mind, and the fact that I am aware of the sequence of events -- okay? Schwarts: I happen to own a piece of property lying not adjacent to this property, but on the strip -- Blount: Are you across Fanno Creek? Schwartz: I am across Fanno Creek. I live on 76th. All the property on 74th is zoned commercial or industrial. I have a couple of concerns on this in the fact that other sensitive lands permits have been denied due to the flood plain issue, and I believe this is by the county some time ago. Allowing all. the commercial to fill in to the property lines would basically abut -- could abut industrial properties directly up to residential which borders, and in some cases the property lines cross the creek. Do you follow me? Blount : No, I am afraid I don' t. You are suggesting that on your side of the property -- on your side of the creek where the properly is zoned commercial. -- Schwartz: No, it is residential. Blount: Oh, I am sorry--residential. Where is the commercial property? This is zoned industrial. E F Schwartz: That's right. The property -- get a map -- (rustling of papers) i E Newton: We are down here on the creek, and Mr. Duncan's property is on this side -- Schwartz: Oka the property lines basically come right down the center here. Okay. A corner of my property happens to be on the opposite side, the industrial side of the creek; the property is zoned industrial. Now if it is a habit that we are going to allow these landfills into the floodplain, joining thaL up, then we are joining up and abutting up against a residential property directly adjacent to industrial property, and which the Tigard Planning staff themselves -5- 1 i i i f" TRANSCRIPT OF HEARINGS OFFICER HEARING Jadco Chemical Sept. 23, 1982 Schwartz: have attempted or supposedly have attempted to put in some kind of (Cont.) a buffer zone between zoned residential and industrial. Blount: Okay. It is my understanding -- and let me just see if you knew this -- that between the edge of the developed industrial. land and your property there will be a greenway buffer on this side of it -- that's what Mr. Duncan was asking that I waive right now was that particular greenway buffer, and that is -- do you know how wide it is, off the top of your head? Newton: Approximately 100 feet. Blount: Approximately 100 feet wide. Schwartz: On that particular property. Newton: On that particular property. Schwartz: Okay; but what about the rest of the property? Blount: I can' t consider the rest of it; I don't have jurisdiction over the rest of it right now. All I have got is jurisdiction over this particular piece of property. Now do you know the city policy on t that--is there an established policy? Newton: That's what the greenway policy is for. There's the greenway policy and the floodplain situation, and this staff report attempts to outline concerns both dealing with the floodplain concerns. There i is a policy in the city now to leave a greenway buffer between commercial and residential, or indus'-rial and residential. i Blount: And that's part of the comprehensive plan? Newton: Yes; it is also part of the Code. #' Schwartz: The comprehensive plan at this time is not complete--it is being developed. Blount: But it is also part of the Code. Schwartz: That could be. Also in a letter to the city council on July 21 from the staff, when originally this problem came up, a staff report to the council at that time was that the permit would require consideration on behalf of the property owner to give us information necessary to evaluate the extent of the impact on the floodplain, floodway, greenway and open space. I do not feel that it is proper to give this sensitive landfill permit and to issue it until. all engineering studies have been acquired and developed. The bridges along Fanno Creek, both at Durham and at -6- TRANSCRIPT OF HEARINGS OFF-FCER HEARING Jadco Chemical Sept. 23, 1982 Schwartz: Hall Boulevard on the other end are considered substandard and will (Cont. ) and do at timesflood in times of high water. Filling these flood- plains in, how is that going to assure the residents and the other people in the area that the water -- this extra amount of fill will not cause this water to flood more often and more deeply across the existing bridges? Blount : Do you understand how fill works? Fill under the Tigard ordinance you can't just fill . Every place you fill you have to do some compensatory excavation to handle the water that you have just filled. So it isn't as if this property is just being filled. That's what happened prior to the permit application, but as soon as the application of the standards of the city were imposed, then their engineer in fact, you know, presented us with a plan whereby there would be fill in one location and eStcavation in another to handle the additional water, because the ordinance says you cannot increase the flow. Schwartz: That's correct. And I don't see how it's possible on that particular property until a study has been made, and how this -- Blount: Well, there has been. That is what this particular engineer did. ' McKenzie Engineering. That's his proposal. That's what I have. That's part of the staff report. Have you seen this particular -- Schwartz: No, 1 haven' t. Blount: Okay, this is an engineering report. It is attached to my staff report so it is part of Exhibit 1, from McKenzie Engineering, Inc. t And that in fact -- Mr. Larson, are you the one that in fact did the work? Maybe it would be helpful to the people here if you went through the work that you did and explained exactly what you did and how you arrived at the conclusions YOU arrived at. Would you be interested in hearing it? C Schwartz: Yes, T would. Blount: Okay, why don' t we table you -- we can continue your testomony; but let's take it out of: order and let Mr. Larson explain what he did. Larson: (Business of mounting drawings on blackboard.) This is 74th Avenue; this is Durham Road. The bridge is approximately here. The fill. that was established up to this point in time is roughly in this area as documented by an engineering, survey that was done on the 4 property. The creek runs roughly through here, and the initial calculation on the fill indicated that: the 100 year floodplain would rise somewhere in the vicinity of: a half an inch to an inch adjacent to this area. The reason that is true from an engineering standpoint -7- i TRANSCRIPT OF HEARINGS OFFICER HEARING Jadco Chemical Sept. 23, 1982 Larson: is that this land over here is fairly shallow with some grasses on (Cont. ) it and wasn't going to be highly efficient for carrying flood water. [dhen you fill here, indeed you raise the floodplain, because you have restricted the stream's ability to carry the water. . The floodplain in this area is roughly right in here, and I am taking this section from the center, roughly in here. You can see that this area in here is not as efficient because it is flat -- bear Ln mind the scale is exaggerated -- this is approximately 100 feet here, and this is approximately four feet here. But by doing this fill that he did up to this limit, the actual 1.00 year floodplain was raised, and when a 100 year flood comes by you are going to notice a rise here and an equivalent rise to a certain extent for a length upstream. In order to take care of that, you provide an excavation adjacent to the creek. This is r.iore efficient for two reasons: it giveg approximately the same area of this area that was filled for the water to flow through. The other thing it does is reduces the amount of water that is touched by land: in other words, the efficiency of the channel is greater. This is a cross section that is very similar to a cross section that is proposed in the City of Tigard Drainage Plan prepared by CH2M. It is a generation of that same cross section. What you have done is replaced the shallow overgrown area with a seeded area much closer to the main channel of the water., and therefore this fill in this area is mitigated by this excavation adjacent to the stream. It should be noted that no change in the center line of the stream is proposed here--it is merely an offset, and you have to calculate that at intervals to get any sort of accuracy on it, and that's where our study was taken into accoui.,. The City Engineer reviewed the calculations and found that we made reasonable engineering assumptions in developing the work, and he had no suggestions on how I might -improve on my work. Blount: Okay, in the ? of your report , is the fill banked? Lt is rip- rapped -- Larson: I suggested in the report that it be riprapped. That was supple- mented by Condition, I. believe No. -- Blount: Could it be done by November 15? Larson: Right. Condition No. 2. And that is a valid consideration, because near the bridge the channel is restricted and the velocity is increased and this proposal would not be survivable without the riprap. It would risk whatever materials were subject to that high velocity water into the stream and possibly create some constriction in the stream or deposit material on properties downstream. I think I should C -8- TRANSCRIPT OF HEARINGS OFFICER HEARING t Jadco Chemical Sept. 23, 1982 Larson: mention that this technique is similar to other uses along Fanno (Cont. ) Creek in Tigard and Beaverton, in particular the Main Street planned shopping center area was a very similar procedure and the same general approach from an engineering standpoint. Could I answer any questions on that? Blount: I have a question. The ordinance provides that the proposal "shall not reduce the capacity of the floodplain area, or raise either the flood surface elevation or flow rate." Now if I understand your testimony, the flow rate is increased. The water is moving faster through the channel. Larson: That 's correct. The way to evade that is to riprap the bank. Blount: Does that slow the water down? Larson: It does to a certain extent; but it is more used to protect the bank. You should bear in mind that the increase in velocity is a small percentage of the total, and that as it passes under the bridge, that extra energy is more than abated. The flood profile downstream of this bridge drops the elevation--the flood surface lowers con- siderably as it passes through this bridge. The bridge is a constriction and therefore does tend to dissipate the energy. f Blount: Is the bridge structurally sound enough to dissipate the energy of an increased flow rate? Larson: A flow rate of this magnitude is not damaging. The bridge was -- Blount: What are we talking about in terms of an increase? I don't recall seeing that figure (shuffling of papers) the general ? ? Larson: Right. Blount: (Reading) "Vel.ocity before the current fill , velocity after the current fill, velocity change." Larson: At station zero. Blount: Is that the cross section we are talking about? Larson: Right; at station zero; at the bridge there is no change because there is no work done right up next to the bridge. At Section A-1 it's increased a half a foot per second. Typically the soils in this area are susceptible to erosion at 4 to 6 feet per second, and that's why we endorsed the riprap. Blount: And the current rate is ? Larson: The current rate at that Fection is 4.22. -9- TRANSCRIPT OF HEARINGS OFFICER HEARING Jadco Chemical Sept. 23, 1982 Blount: Okay, I guess 1 am a little confused how you lose the increased velocity. Where does it go? Particularly with the constriction of the bridge? I could see losing it on the other side of the bridge if you have got more room for the water to spread, but between your excavation and the bridge, where does it go? Larson: I am not sure I know how to explain that. The fact that the bridge is there and the fact that the water passes under the bridge through the tightening of the channel, and then it has more room to spread. It is a transition from here to here. Blount: So what you are saying is that the section zero is measured below the bridge--after it has gone through the bridge? Larson: Section zero is right at the upstream edge of the bridge. Blount: Of the upstream edge. Well, I guess you still haven' t answered my question then. Larson: The work is here. Blount: flow -- You have demonstrated, of course -- you have demonstrated that the section A which is your section nearest to the bridge -- Larson: do the work, and I admit that we have closed the channel down some, made less area, the same amount of water going through a smaller area yields a higher velocity. But at roughly 50 feet from the L_4,lge we haven't changed the work and at that point in time we have the same section as it always had to get through. So consequently at zero, since we haven't_changed from zero to zero plus 50, it still has the same cross -section to go through. Blount It will slow in that 50 feet? Larson: That's right. Blount-: I see what yot.i are saying. Any other questions? Schwartz: ?) Have you ever been out there in the spring? Larson: No. Schwartz: Then you are guessing. All this is guessing based on engineerin principles and hundred-year flood floodplain, and all that. Is that really a guess? Have you ever been out there in the spring to measure the velocity of the water, any of that? Larson: No, I have not -- -l.U- i j TRANSCRIPT OF HEARINGS OFFICER HEARING Jadco Chemical Sept. 23, 1982 Schwartz: Then it's based on engineering principle's. Larson: Based on engineering principles. Schwartz: Purely and simply. Larson' I don't want to admit to guess work because there is -- Schwartz: Well, okay. j Blount: Where did you arrive at your velocity figures? figures are the set of calculations that went to lerank Larson: The velocity a files. You have a summary of those Currie. Those are in his e calculations. k t Blount: Based on your measurements on the site? Or -- f Larson: Based on my calculations and the Corps of Engineers information which came from the Tualatin River to about a mile above this site. That is what they sent me. I think the information they had was t 7.5 feet per second at the bridge. So the Corps of Engineers recent flood study on Fanno Creek work is base information for my calculation. It s Blount: Of course. How did you arrive at these figures? Can you give us just a thumbnail sketch of how you developed these figures--your velocity figures? Larson: Of course. Utilizing the Corps' information on the reference of the channel, we use what is called the Mannings (?) equation to ! determine the channel hydraulics of this reach. When we analyze it, this was analyzed in three stages: (1) before the fill_ was � done, to obtain a base line of the flood profile before any work was done. Blount: How did you get that figure if you were called in after the fill j was done? i Larson: We obtained topographic surveys of the area before it was touched by machinery to develop this cross section; and using the Mannings equation we could determine, given the Corps of. Engineers hundred year flow, cubic feet per second, you can determine how high that water is. The problem is the Corps didn't take sections at every 1 hundred-foot intervals. That's why we have to develop some to supplement their work. They have them roughly every four or five f hundred feet, and so you can check each ? each time you hit one of their sections. So you apply the Mannings equation to the channel hydraulics and the amount of flow that the Corps of Engineers i -11- TRANSCRIPT OF HEARINGS OFFICER HEARING Jadco Chemical Sept. 23, 1982 Larson: says the hundred-year flood is, and that establishes your water (Cont. ) surface. You do that going through each one of these sections before the work is done, based on past history and topographic surveys. Then the surveyors picked up the actual configuration of the fill, and that's -- I think you see it -- Blount: Elevation after the current fill. Larson: And it shows that there is some rise in the hundred-year profile through that reach. At that point, then, we applied what might be an ultimate amount or work, and then also at the same time what would be the excavation work to be done, apply the same principle and bring it back through; and what you actually do is keep increas- ing this area and reducing this area until you get it so that you r have no rise in the hundred-year flood profile. i The City of Tigard recently enacted a zero flood floodway ordinance, t which in essence mandates no rise in any activity in the flood- plain, and the first review went through and it came up in the order s of a half an inch. The City Engineer was consulted. He agreed with our analysis that a half an inch is not acceptable. If you f let everybody all the way up to a half an inch, the end result is going to be a building of that amount. It is going to compound as you get upstream, but eventually someone upstream will have an extra foot of water. So in order to comply with the intent of the zero foot floodway ordinance, we shoot for a zero rise or a slight reduction. f Bluu.:t: Okay. Any other questions from the audience? Yes, sir. x i Schwartz: (?) Seeing that you are only addressing one side of the bank C f r Larson: We at this particular point in time, we are trying to address what is in fact, I guess you could call a violation. We are attempting i to obtain a sensitive lands permit on this side. The owner currently has no plans for this side of the stream. I suppose it is conceiv- able that we may come back for some other modification for that side of the stream at some future date. It just depends on the nature of the proposed use on that side of the stream. I will say that from the calculations standpoint, we limited ourselves to this side of the stream. We didn't assume there was any need to go to the other side of the stream to abate this. That was j sufficient. Schwartz: Okay, if you fill in on this side--you are putting riprap and every- thing down there to stop the erosion -- Okay, you have in fact speeded up the stream. Now across there on the other side of the stream, that is going to speed up the river or the creek on his side of the creek. How can you guarantee that you are not going to start an erosion problem on that side? -12- TRANSCRIPT OF HEARINGS OFFICER NEARING Jadco Chemical Sept. 23, 1982 Larson: Well, one answer to that is the same owner; but I wouldn't put him in that position. If it is going to speed up on that side, part of the property would have to be riprapped also. (Something about the same owner) i Schwartz: Another question I have is -- Larson: Let me finish: If indeed it was a danker to him, I would have pointed that out; but the reason for the r.ipraps is that either we t are filling on a 2 to 1 slope with materials that are obtained i off-site and may be subject to erosion; we are riprapping this bank, and we are also going to be required to riprap this bank, where we will have a new cut and will be taking the vegetation off of the ground. The vegetation will add some further protection to the erosion from the higher fill, so we are going to riprap both this 1 'r bank here and this bank here--this one to protect this fill from falling into the creek, and creating some kind of a problem downstream; and this also to maintain a configuration of this to insure that the i creek will still have the carrying capacity. { i Schwartz: Then the last question I have yet is, May, we have speeded up the flow through there--you said it is no problem. But the bridge itself right now can take so much water through it. 6 Larson: That's right. f Schwartz: Okay; at tames now at high water it is right up to the top. tt f r Larson: At the point in time when it's up against- the bridge and is backin;; up, then the velocity is reduced, and in a sense you have created to a certain degree a pond, and it's like a dam. At that point the velocity is not -- i Schwartz: But you have reached that point now--to take all the fill put in there--now that's like taking a batlitup of water--okay? And you took a big rock and put it in that bathtub--that's going to fill the water Level . So at the point in time it has come down to the bridge with the bridge as a pool, and if as you said it is going to form a pond that is backing up, you have already displaced that much fill or open area with the fill that you put in it, so that is going to raise the water level. Larson: Yes, what you are alluding to there is what in the Code is talking about storage flood waters. That requires that the material that we fill under the hundred-year floodplain be balanced by the amount we excavate. This drawing is -- I think I misplotted this line -- f but one of the conditions that we have to meet is that the fill and i cut be balanced under that amount, so that when you are talking about the problem you are discussing of storage, I think -- -13- BMW TRANSCRIPT OF HEARINGS OFFICER HEARING Jadco Chemical Sept. 23, 1982 Schwartz: If there is 7.0,000 cubic yards of fill Out in, you have to remove 10,000 cubic yards? Larson: That's right. Or more. We have to at least balance it, and those calculations were submitted to . . . . . . . Keep in mind that is the volume under the hundred-year flood eLevation. The owner has hopefully filled above that level, but the volume above it is not taking away from the volume that can be stored, because the water only goes this way. Now that is a condition that the city has required, that you balance the cut and fill under the floodplain, and the fact that it piles up against the bridge is probably not great for the bridge, and it is happening now; but it will abate those higher velocities. Schwartz: Where will you attempt to excavate from--from the edge of where the fill is toward the river? Larson: The intent of the staff is that a bench be provided between the toe of the fill and the top of the cut for the compensation area; this is the area that would be used for the bike path. Schultz: Then you won' t actually dig out any of the floodplain--if you do, { you are going to uncover the sewer because that is not very deep there. c Larson: The sewer is -- Schwartz: There is a 40 foot right-of-way on that. Larson: It is a 30 foot easement. Schwartz: 30 foot easement? Larson: And that easement gees right through here, and indeed we are cutting over the top of it. Tn a check with the Uni-Led Sewerage Agency, the top of their Linc is about elevation 112, and at this section we are cuttin- down to about eLevation 123 . We will still. have nine feet of cover according to their plan. L. have not opened up the sewer to see how deep it is, but accordin^ to their plans -- Schwartz: The fill in there now, is that the extent of the fill, or will there be additional fill? Larson: It will be slightly more, and it will be monitored by the ? to assure it is not in excess of specifications. Schwartz: Now that is the normal river level there, I take it? Larson: Well, it is, more or less; yes. -14- TRANSCRIPT OF HEARINGS OFFICER HEARING Jadco Chemical Sept. 23, 1982 Schwartz.: Because I drive by and look at it , and it looks like there is a couple-foot bank, and that's almost flat right through there. Larson: Okay, you are looking at this bench. What we have done to get it all on the drawing, we have used four feet to the inch here, and 40 feet to the inch here, and so you would need to stretch this out-- it would be ten times wider in order to represent it better. This bank on this other side is not this steep, and in fact much less steep. Before we filled, it was flat out in that area. Blount: Yes, sir. Voice: (Too low to understand, but presumably a question dealing with the channel.) Larson: Well, I am not sure I can answer that accurately. The corps of Engineers cross section could bear that out. The area that it has going under the bridge is obviously smaller and the velocity is almost twice. Voice: (Concerning the depth near the bridge.) � - Larson: Well, I can approximate it , if that would be okay. Well, 134 to approximately 1.16 from the top of the bridge to the bottom of the , channel is approximately 18 feet. Voice: . . . . . Larson: Are you asking now this elevation? That down into about in here? Voice: What is the distance by your (?fill?) and the hundred-year floodplain? Larson: Oh, from here to the hundred-year floodplain? That's about in the neighborhood of. 10 feet -- 9 to 10 feet. Voice: . . . . . . . . . Larson: Right; we have deliberately held this excavation so that summer low flows will not be in this area. This stream is considered a fishery by the State Game Commission, and they have a problem with people relocating channels to any great extent. So in the applications that I have been involved with, we have sought to find ways other than to alter the stream. (Tape changed, nothing lost.) That's an approximation; I want prepared to answer that sort of question. Voice: Okay; well even so, even if that is an approximation, I tell you that every spring there's 18 feet of water racing underneath that bridge ._ for days on end, and there is still a great big pond bib enough for -15- TRANSCRIPT OF HEARINGS OFFICER HEARING Jadco Chemical Sept . 23, 1982 Voice: whatever you like to do in it short of: driving a yacht. If you (Cont.) narrow that area any you are going to wash out that road because that water will go over the road because there is nothing on the road, but a sunken area on the other side and a sunken area on this , and the only reason that water doesn't go over the road right now is because there is an area large enough to hold it. Larson: Well, but we have met the intent of the Code in that we are storing the same amount of water, and the difference is instead of being wide and shallow it will be narrower but deeper, with the same holding capacity and the same flow character. Voice: I'll bet it welshes out the road. Larson: Well, our proposal will not change the jeopardy to the road. Blount: Yes, sir; in the back? Voice 2: My property joins this gentleman's property here, and I have lived there for over 40 years, and there isn't any erosion in my place, and it covers about five or six acres; and as far as the water i only stays up not over 24 hours. It can be -- I don't think it { ! gets within four or five feet of the road surface of the bridge, i and then within 24 hours it's gone. I have a fence that runs right it is only about four feet through the property there . . . . . deep. Blount: I would like to ,--et what yot are sayicg on tape as testimony. If i you have a question sight now for the engineer, this i.:; the proper time for it. Voice 2: A question? r BLount: A question. But if you have got testimony, ris soon as we are done r with the engineer I would like you to come forward and say up here what you have just said so I have got it on tape. I can't catch it from back there. Okay. Any more questions OF the engineer right now? Yes, fair. Schwartz: M You are relying on going deeper for your fill.. How will you guard against future sedimentation when the water brings things down . . . . . Larson: Well, when you are talking about the silt coming down stream, you are going to have an increased velocity across the whole channel, and that increased velocity will be in effect very close to the The silt is going to be in suspension surface in this excavation. r in the water. , and the water will still be movin11 g fast enough along the surface so that very little if any would be deposited some would be carried along. -16- TRANSCRIPT OF HEARINGS OFFICER HEARING Jadco Chemical Sept. 23, 1982 Schwartz: I would like to ask: I believe that is a county road? Is there any plans for a new bridge on that road? Larson: The Tigard Drainage Study addresses severaL bridges along Fanno Creek, and Bonita Road is one targetted for a hopeful bridge soon. I don't think the Durham Road bridge was endorsed -- Newton: I would like to correct myself. I believe from Hall east, Durham is a state highway, I believe. Do you know? Larson: Yeah; it is. Newton: Yes, of course. It is a state highway. Schultz: . . . . (?) contacted the state on that . . . . Larson: On replacement? No, I haven't. I don't know what the situation of the bridge is from the state's standpoint. CH2M drainage report did not target the Durham Road bridge as one of the recommended ones. They targetted the North Dakota Street bridge, and they targetted Bonita as a hopeful; but I don' t think, according to my recollection, that the Durham bridge was -- Schwartz: I believe that is part of the plan, and T. believe Durham Road was one that is claimed(?) as having flood problems. ? has a map in his office that has all the bridges . . . . . . has a flooding problem, and I believe Durham was one. Newton: I don't know that. Blount: Okay; more questions? Yes, sir. Schwartz: 1. would like to know, is tris going to change the runoff in any way by putting fill. in there. Will the runoff still go towards the creek, or is it ,going to to be increased drainage, and if it does, that water from the fill down there is quite an area that would be filled. Larson: In the case of this fill, I would recommend to the owner that when he moves ahead with the building plan, that drainage be diverted here to the front, and then flora out in this direction; or if he were to go this way, that it first be collected in catch basins and a pipe rather than allow it to drain over the face of the Fill. It could have some detrimental effect on the fill, although in this area drainage is not going t? be significant. The typical practice is to put in catch basins,PY rain drains in a pipe and drain it to a point where it isn' t going to cause any additional erosion. -17- TRANSCRIPT OF HEARINGS OFFICER HEARING Jadco Chemical. Sept. 23, 1982 Blount: More questions? All right. Thank you. All right. Anyone else wishing to speak in opposition? Speaker: I am Clifford Speaker. I have a couple of statements here, and then some observations. Blount: Are those things you would like to submit in writing, or -- Speaker: This I will submit in writing; I would like to read it into the record. This is to Tigard Hearings Officer from the Tigard Planning Commission dated yesterday: "The Tigard Planning Commission under open agenda at its meeting on September 21, 1982 briefly discussed the Sensitive Lands Permit Application pending before you for Jado Chemical. The Commission has several concerns which were expressed by individual members. Following are the comments of those Commission members who are unable to attend the hearing on September 23, 1982. "Commissioner Bonn: Any amount of fill permitted must be offset by removal of more fill so the net effect is zero or less. "Commissioner Edin: There is not enough depth to build on this site even with the fill . I am not certain that they have formed a buildable lot. I am not happy with it, however, we can't do anything else but support the City's Engineering staff." f Chairman Tepedi.no, who is an attorney and is knowledgeable about certain things that most of us aren't: 1. The landowner was, or should have been, on notice that the was filling in the floodplain. 2. Ameliorative waste has occurred. The owner violated the Tigard Municipal Code by performing this act. I suggest that any decision by the Hearings Officer must be in compliance with the Tigard Municipal Code and subsections dealing with fill.. I am concerned that this filling has vLolated the Tigard Municipal Code. By his ..act, the owner has established a precedent. We must stand against this by forcing the owner to remove the fill and then apply for a permit for consideration under the Tigard Municipal Code. We cannot allow developers to frustrate the intent of the code. "Submitted by: Clifford Speaker Planning Commissioner" -18- p f O TRANSCRIPT OF HEARINGS OFFICER HEARING Jadco Chemical Sept. 23, 1982 Blount: This will. be marked Exhibit 3 as the Tigard Planning Commission memo. Speaker: Right. Now I was at that Planning Commission meeting, and because I was going to present that they did not record what I. said, but this in effect is what I commented on at that time: (Reading) "I have observed for years that nothing succeeds like a fete accompli.. I, like President Tepedino, do not feel that the presence of an accomplished fact should sway the Hearings Officer, the Planning Commission or the City Council from upholding the declared and very plain intent of the floodplain ordinances which have been thrashed out over a period of several years in public hearings to my personal knowledge. I feel no landowner of property in the floodplain has any excuse at this time for being unaware of the restrictions on the floodplain in the Tigard Municipal Code. Consequently I can only agree with President Tepedino when he says, 'We cannot allow developers to frustrate the intent of the Code. "' Now I think that anybody who has followed the Planning Commission's deliberations and actions on the floodplain--and believe me, we are very sensitive to it--all they have to do is to see what we have - done on The Meadows -- (To Newton) Isn't that the one down there. - r Newton: Yes. Speaker: (Continuing) -- The Meadows as an example of our resistance to any fill in the floodplain. In that case the man wanted to put a little fill at the top of the floodplain in order to pet two or three tare building sites, and in effect we said "NO". Now what has happened since it has left us I don't know. I would say this, that had we known that it was intended to put a building on that floodplain Fill, the response would have been a resounding No! One other observation: Our experience over the last several years is that residents along the creek tell us the Corps of: Engineers elevations are not accurate, and I think probably you are getting at that -- aren't you? -- that ordinary floods are higher than the Engineers indicate for a 25-year or 50-year flood. Blount: I have a couple of questions, Mr. Speaker. Speaker: Yes? Blount: First of all -- Maybe I should just make a statement. In your remarks you urged that the de facto -- the existence of the fill -- not sway my decision. I think I can assure you, as I said at the beginning, I consider neither its presence nor its absence in considering the application. I will consider whether it meets the -19- TRANSCRIPT OF HEARINGS OFFICER HEARING Jadco Chemical Sept. 23, 19£2 Blount: ordinance. But I am a little concerned about what you said about (Cont.) the Planning Commission--that you consistently approve no fill in the floodplain. Are you saying that even if it meets the provisions of the ordinance, you do not allow fill in the floodplain? Speaker: No. I wouldn't say that. But -- Well, I think a review of The Meadows would indicate the extent and the depth of our concern for floodplain fill. i Bount: Does your concern go farther than--as far as to ignore the engineering that he says we are not displacing any more water? Speaker: I think Liz (Newton, of staff) will agree with me that Yes, inspite of engineering that says we are gonna fill here but we are going to f excavate at least an equivalent amount and it will not change the , carrying capacity or alter the stream flow adversely upstream or downstream. We take a very hard look--I would almost say with a jaundiced eye--at that. Would you agree with that, Liz? Newton: Yes. ( Blount: Thank you, Mr. Speaker. Anyone else who wishes to speak in opposi- tion? Yes, sir. Havery: My name is John Havery; I live at 19570 SW 76th, Tigard. I came to give you some historical perspective, because I was on the initial NPO 5 who originally set up the comprehensive plan for this area, and apparently I am still presently a member, but perhaps the reason you didn't hear from me before was nobody knew I was a member. When the NPO originally did this whole area for the comprehensive plan for Tigard--and I am glad to see some of the things are being followed--the Creenway, the bike paths--we intended to preserve that whole area through there, through the river area, all the way through Tigard as a refuge for its citizens, a beautiful place to walk, where there are still wild animals in there and a variety of other things. I am not the great environmentalist as that may sound; but I do enjoy seeing the wild animals there and I woul.d hate to see them run out by the change in the stream. There are mink back there; there are all kinds of things in that river still. We intend to keep it as a greenway and bike paths for the enjoyment of the people, and I do believe that the engineering, with all due respect for the education and background and experience of the engineers--I do not believe that what the engineer says here is what will happen here. . I believe that either backing up that water will wash out the bridge or will wash out the road--one or the other.-- in a very short time. As a matter of fact, when Mr. Duncan first- applied to build over there, he went to the county and the county sent out letters saying, "Any objection, write a letter." I wrote -20- TRANSCRIPT OF HEARINGS OFFICER HEARING Jadco Chemical Sept . 23, 1.982 Havery: a letter. They told Mr. Duncan he had to get me to release that (Cont.) letter before he could do anything. Well, Mr. Duncan and I had breakfast and he told me that the county wouldn't let him build out there where he is trying to build right now. They made him move farther back in on 74th, and I tell. you only as -- no one can prove that lie said that to me, but I know he said that to me -- and he told me what a great place he was going to make it over there. He was going to clean out that little pond, and he was going to landscape it. He has done really none of. that. There is no land- scaping there. Instead he has cut down al-.l the trees that were between him and Durham Road. He has put that fill in there illegally. The place has big barrels and stuff piled all around his building, and truly Mr. Duncan has not been a good neighbor--either a good business neighbor or a good neighbor in any way that way. He has not bothered me other than through my eyes, to see the mess that has been made of it. And if in 2ny way there was to be a buffer zone and those people who do live adjacent to that industrial zone, no trees and a big open expanse and a river that has perhaps changed its course--and no one has talked about the downstream or upstream implications of this fill, and I don' t know them either--I am not an engineer--but I can tell you the NPO had an engineer on it, and one of the things that came out as a result of the NPO or the engineering look at the river is that that's why we did nott want the floodplain filled anywhere, because it would affect the upstream and downstream people. And I don't think Mr. Duncan cares about the upstream or downstream people--I think Mr. Duncan cares about himself. Blount: Thank you. Anyone else speaking in opposition? Yes, sir. Your name is -- Bledsoe: Bob Bledsoe. Blount: Which shall T put you down as--opposition or in favor? Bledsoe: . . ? . . . I was at the Planning Commission meeting winen the state engineer presented the master storm drainage plan. I work in engineering as a technician. I would like to get in the area of flood control. The storm drainage plan for the most part advocated that Tigard is supposed to try to move the water through faster to get it out of the area so it is no longer -- move it out quicker so it wouldn't cause higher flooding levels. And this is at the bottom of the flood control area. But the aspect of the increased velocity, I think, is actually where it came into conjunction with Ti-gard's --at least the city engineer's--overall proposal for handling the whole area of the basic concept of flood control. It kind of bothered me that he only dealt with half of the stream bed study--the whole stream bed, and he relies on increased depth to handle the water through there. I am concerned, though, that under various conditions, -21- o TRANSCRIPT OF HEARINGS OFFICER HEARING Jadco Chemical Sept. 23, 1982 Bledsoe: sometimes you will have a scouring loss comes out, and (Cont. other times when the water is not that high but just a little bit high, it starts sedimentation. And you see the way the stream has already formed the channel through the years, that it tends to sediment , tends to deposit sediment in that area. I think if this is approved that the applicant should have the requirement to maintain that depth through dredging--there should be a bigger requirement placed on him to maintain that depth through dredging; whenever the depth is no longer to the level which he is creating, if that is the course he is going to take. Blount: Thank you. Anybody else speaking; in opposition? Okay. I see none. Is there any rebuttal by the proponents? Okay, I see none. I close the public portion of the hearing. Are there any other points that need clarifications--questions that haven't been answered? Okay. Under the hearing procedure I generally issue an oral opinion. I am not prepared to make an oral opinion tonight. I want to look at the comprehensive plan section for NPO 5; I want to look at the greenway ordinances in some more depth; I want to go visit the property; I want to look at the bridge, and I want to review the engineering report once more. The applicant is entitled to an oral decision. If you want an oral decision I can set the hearing over for a week and I can give you oratorio exterogate (?) , but I can give you an oral decision at that time. In fac, my written decision will be faster. I£ you wish to waive an oral decision I will have a written decision to you within ten days, or to the city within ten days. By the same token, opponents, do you wish an oral decision--look square in the eye and let me tell you what my decision is--or will you let me get by on pager, huh? Okay. All. right. But I will file a written decision within ten days of tonight's hearing, which will be Monday, October 4. All right, that concludes tonight's hearing. Thank you. -22- MEMORANDUM TO: Members of the Tigard City Council FROM: William A. Monahan, Director of Planning & Development "-"" DATE : October 28 , 1982 RE: Hearings Officer Order Number M 2-82 , Appeal of Findings by John A. Duncan. Attached please find a set of documents which are pertinent to an appeal filed by John A. Duncan on the findings of Hearings Officer Beth Blount. ��:The appealwillbe heard by- the City Council: n November 15,': 1982. This package is being provided to you in advanc,q.�,Af:,thy, hearing in order that you may become familiar with the issues::, You may also wish to consider the issues raised by this appeal in light of the existing Floodway/Greenway issues which will be discussed at your November 1 study session with the Planning and Development Office. Please note that another appeal, that of the Robert Randall Company concerning Sunnyside Estates , will be heard at your November 15 session. A package of materials will be transmitted to you as soon as the transcript of the Planning Commission ' s hearing on the issue is completed. 9�2 oL \ G`SNN`NG O October 19, 1982 To: Planning Director City of Tigard From: John A. Duncan Subject: Appeal findings . of hearing officer case No. M-2-82. Decision rendered October 7, 1982. Please process my appeal to be heard after inconsistencies within The Comprehensive Plan have been effectively refined and clarified. Reasons: a. We are not affecting flood plain. b. Findings of hearing officer based on a document that at best is inconsistent and not in accord with pending comprehensive plan. C. Confiscation of property without due process. d. Land 400 feet west of subject property owned by applicant is more than adequate for future greenway. e. Staff, after thorough review of facts, recommends approval. i s Additional information to be furnished prior to appeal hearing. t Enclosed please find the applicable Appeals Fee. f Sincerely, (OL A. Duncan I' JADCO CHEMICAL LTD. "Specializing in Formulated chemicals- (503)684-0044 hemicals"(503)684-0044 16055 S.W.741h AVENUE PORTLAND.OR 97223 November 9, 1982 /D MEMORANDUM TO: Members of the Tigard City Council FROM: William A. Monahan, Director of Planning & Development SUBJECT: CPR 4-82, 2C18-82 Tigard East Proposal The applicant, JB Bishop, seeks approval by the City Council of a Comprehensive Plan Revision from Commercial Professional to General Commercial for land involved in his Tigard East Project. Planning Commission Approval was obtained on October 19, 1982 based on staff findings and recommendations. Attached are the following: 1. Exerpts from the Planning Commission meeting of Oct. 19,1982 2. Staff Report 3. Exhibits submitted by the applicant 4. NPO lel Recommendations Staff Recommendation - Staff recommends that the City Council give approval to the Comprehensive Plan Revision for Tigard East. ch C 10 . 5.1 MAJOR LAND PARTITION MP 1-82. BONITA FIRS NPO #5 A request by the City of Tigard for a Major Land Partition to divide a 9.25 acre parcel into 4 sections and create a public right-of-way. The property is located at 7955 SW Bonita Rd. (Wash. Co. Tar, Map 2S1 12BA, Tax Lot 5600.) • Associate Planner Newton presented the staff recommendation for approval of the Major Land Partion with the condition that all public streets within the project shall be monumented. • Commissioner Speaker requested staff to clarify the meaning of the term "monumented"; Associate Planner Newton stated the property had to be surveyed and marked with monuments. • NPO REPORT - No one appeared to speak. • PUBLIC TESTIMONY - No one appeared to speak. • Commissioner Speaker requested staff clarify the location of streets. Associate Planner Newton outlined the street on a site map for the Commissioners PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION • Commissioners Bonn & Christen favored the partition. • Commissioner Speaker questioned if tenants were aware of the changeover to condominiums; Associate Planner Newton stated renters were informed prior to renting that the units could be converted to condominiums. • Commissioner Bonn moved and commissioner Christen seconded for approval of MP 1-82 with staff recommendations and condition. The motion was approved by a unanimous vote of Commissioners present. 4 5.2 CPR 4-82REVISION AND ZC 18-82 ZONE CHANGE JB AJJHOP NPO A request or a Comprehensive Plan Revision from Commercial Professional General Commercial to General Commercial on Tax Map 2S1 2CC tax lots 200 & 500 and from Commercial Professional to General Commercial on tax map 2S1 2CC lots 100, 801 & 900. e Associate Planner Newton made staff's recommendation for approval with the following conditions: 1. The improvements to SW Pacific Highway and the access points from the site to SW Pacific Highway shall be approved by ODOT prior to issuance of building permits. The ODOT approval shall be in writing and shall be accompanied by a plan. Page 2 - PLANNING COMMISSION MINUTES - October 19, 1982 f e t 2. A maintenance agreement and plan for the frontage road and island shall be submitted with the application for Site Design Review. 3. The applicant shall apply for Site Design Review. The Site Design Review application shall include elevation sketches showing proposed screening from abutting residential neighborhoods and a letter outlining the disposition of the existing right-of-way which the state intends to dedicate to the property owner. r: • President Tepedino requested staff to simplify the request; Associate Planner Newton explained that property was located on Pacific Highway with the front portion zoned Commercial Professional with the back portion General Commercial. This change would make the property all one zone, General Commercial, and could then be development as one project. The Developer already has tenants who are interested in leasing. } Y NPO REPORT - Gary Ott, representing NPO #1, read a letter from the NPO supporting the zone change and Comprehensive Plan Revision. PUBLIC TESTIMONY o APPLICANT - Dennis Brun, Brun Moreland Christopher Arch. , 1020 S.W. 10th, representing J B Bishop, stated they were in agreement with the staff report and would not be making a presentation, but would be available for any questions. f s i 9 OPPONENT t o Carolyn Eadon 13645 S.W. Steven Crt. , expressed her concerns regarding traffic congestion and did not feel the need for additional retail stores. She stated they would not have direct access to the project and that it would only increase foot traffic, littering and vandalism. She was concerned with losing the buffer which would increase noise during and after construction. She did not feel land should be developed just because it was available. k e Marta Frank, 11825 S.W. Wildwood, read letters from Christopher Eadon and Roy Brown into the record opposing the change stating that their major concerns were the buffering for the residential area and traffic j congestions. She continued by stating she opposed these change ? because presently there are thousands of sq. ft. of space for lease already in Tigard and didn't feel we needed more. She also questioned if there had been a traffic study some recently. ; I a Doug Voss, 13355 S.W• Cresmer Dr. wanted to go on record opposing this f development because of the large traffic problems. He did not feel an extra traffic signal would solve the problem. He also felt vandalism would increase. l Page 3 - PLANNING COMMISSION MINUTES - October 19, 1982 R y t o Mrs. Donnas Voss, 13355 S.W. Cresmer Dr. , was concerned because her � property abutted this development and she does not have a fence to protect her property. She felt we have enough shopping centers, she further stated, however, that if this was approved she would like a buffer between her house and the development. She stated when she bought her house she understood the property was zoned for Professional Use and feels she would lose the use of her yard with a retail development. s CROSS EXAMININATION AND REBUTTLE o Mrs. Frank questioned if there was a greenbelt area proposed in an earlier plan; JB Bishop responded that he would be leaving about a 20 ft. strip of trees that would act as a buffer. He would be t responsible for maintaining it, he said. z o Dennis Brun, stated that the property closest to the residential property is already zoned C-3 and only the front portion is Commercial :. Professional. He continued that office space was not feasible, but the site is highly desirable for retail lease. They would only be adding one access which would be a 40 ft. driveway across from Pietros Pizza. He did not feel development would buffer. He stated a traffic study had been done and would be submitted at the appropriate time. a o JB Bishop, 10505 S.W. Barbur Blvd. S-303, stated that all the property is under one ownership, which totals 12.06 acres of land and has a high market demand as Commercial Retail. The development would x provide approximately 230 jobs and would take 6 to 7 months to construct. He also had a traffic study done and both the City and State approved of the accessess. He stated he was committed to work with the neighbors and to insure sufficient buffering. He then explained how he had accomplished this with another development. The development would be constructed so that the front of the building would be facing away from the residential area. x o Commissioner Edin question where the loading docks would be situated. Bishop stated the Emporium was 65 feet and the Bi-Mart Store was 60 feet from the residential area with loading docks in the rear, but ! would have restricted delivery. The grocery store loading dock would be on the North side which abuts a service station. o Mrs. Frank question if there wasn't already a shopping center going in not far from this site? Bishop explained that the Main/Street development, which he owned, was a different type of shopping center. l o Discussion followed regarding the use of the NPO in reviewing developments and how property owners would be notified during the Site Design Review. f PUBLIC HEARING CLOSED 4 Page 4 - PLANNING COMMISSION MINUTES - October 19, 1982 pill I COMMISSION DISCUSSION AND ACTION e Commissioner Edin elated he had been a original member of NPO 01 and Was surprised to eee the property was zoned C-3 and thought that it was zoned CP because of the traffic congestion. He was sensitive to the neighbors feelings. however, need was not an issue the Commission could address. He was not totally comfortable with the change, however, the NPO did not express concern against the change. • Commissioners Leverett and Speaker favored the change to bring the property all under one zoning. e Commissioner Christen stated that he knows the developer personally and did_ not feel the neighbors had to worry about the buffer. He knows -the developer will work with them. s Cotmntasioner Bonn was happy to see this size of parcel being developed at one time as it reduced the number of potential access points to Pacific Highway. He did not like to see property split zoned. e Commissioner Bonn moved and commissioner Speaker seconded to approve the Comprehensive Plan Change CPS 4-82 and Zone Change ZC 18-82 per staff conclusions and recommendations. a Commissioner Speaker questioned the accessibility of the access. Mr. Bishop stated the signal would make it easier for entering and exiting from both this project and the one across the street. o President Tepedino questioned if a sport center had once been proposed for this site. Mr. Bishop stated a roller rink had been approved for the area, however, financing made it impossible to build. The motion was approved by a unanimous vote of the Commissioners present. NEW BUSINESS s Bill Monahan, Director of Planning and Development distributed two documents. First, he mentioned the Citizen Involvement Element which the CCI had reviewed and recommended to be sent to the Planning Commission. There were two modifications, the NPO map and a chart that shows how the public could participate in the process. The Planning Commission will review this Nov. 9th. Second is the Tigard Development Code which will be considered by the City Council in December. Mr. Monahan suggested that the Commissioners form a sub-committee to review these documents with staff. Mr. Monahan -reminded the Commissioners of the November 1, 1982 study meeting with City Council. They would also be reviewing FloodplainJGreenway.-and Parks and Open Spaces. s Page 5 - PLANNING COMMISSION MINUTES - October 19, 1982 STAFF REPOhT AGENDA ITEM 5.2 ;_. TIGA.tD PLANNING COMMISSION OCTOBER 19, 1982 - 7:30 PM FOWLER JUNIOx HIGH SCHOOL 10865 SW WALNUT, TIGARD, OREGON A. GENE&AL FINDINGS OF FACT 1. GENERAL INFORAMTION Case: CPR 4--82 (Comprehensive Plan Revision) NPO #1 ZC 18-82 (Zone Change) Request: The applicant is reqesting a Comprehensive Plan Revision from Commercial Professional General Commercial to General Commercial on Tax Map 2S1 2CC tax lots 200 & 500 and from Commercial Professional to General Commercial on tax map 2S1 2CC lots 100, 801 & 900. Also a request for a zone change from CP/C3 to C3 on Tax Map 2S1 2CC tax lots 200 & 500 and from CP to C3 on Tax Map 2S1 2CC tax lots 100, 801 & 900. Recommendation Based on staff's analysis and surrounding land uses, staff recommends that the Planning Commission recommend to the City Council approval of the Comprehensive Plan Revision from Commercial Professional and Commercial Professional/General Commercial to General Commercial. Staff also recommends that the Planning Commission approve the zone change request from C3/CP and CP to C3. Applicant JB Bishop 10505 SW Barbur Blvd. Suite 303 Portland, Oregon 97219 Owner Same Location The site is generally located on the east side of Pacific Highway, approximately 1000 feet south of SW Garrett, (Wash Co. Tax Map 2S1 2CC, Tax Lots 100, 200, 500, 801 and 900). Lot Area 8.66 Acres Present Comprehensive Plan Designation Commercial Professional and Commercial Professional/Retaii Commercial. (See attached map) . Present Zoning Designation CP and CP/C3 (See attached map). PAGE 2 STAFF AEPOi:T - AGENDA ±TEM 5.2 TIGARD PLANNING COMMISSION\MEETING OCTOBEd 19, 1982 NPO Comment NPO 411 reviewed this application at their regular meeting of October 6, 1982. NPO 411 noted unanimously to concur with the applicant request for a zone change and comprehensive plan reivisi.on. (See attached Exhibit A) . Public Notices Mailed 47 notices were mailed. No comments had been received at the writing of this report. 2. BACKGROUND There is an existing building on tax lot 900 with two tenants, the Tigard Paint Store and Feeks and Stongs Potato Pub. Feeks and Stongs Potato Pub received a conditional use permit (CU7-82) to operate a restaurant in a CP zone. 3. VICINITY INFORMATION The surrounding land uses are as follows: The property to the northeast is developed as commercial. The land ! to the west and south is zoned and developed as single family j residential. The property across Pacific Highway is designated and partially developed for commercial uses. 4. SITE INFORMATION f Approximately 1.5 acres of the total 12.06 acres is developed. At the present time, there is one retail building on the southwest end 5 of the site which is occupied by the Tigard Paint Center and Feeks and Stongs Potato Pub. Adjacent to that is the Heinz Auto Europe ; Auto Repair Shop. The remaining 10.5 acres is undeveloped. The property slopes towards the southeast and has several large trees along the south and western boundaries. The remainder of the site is densely covered with brush and grass. B. APPLICABLE PLANNING POLICIES 1. LCDC STATEWIDE PLANNING GOALS a. Citizen Involvement: Goal 411 - The intent of this goal is to insure the opportunity for citizens to be involved in all phases of the planning process. Notices were mailed to all owners of record within 250 feet of the site. A public notice was published in the Tigard Times on October 7, 1982. NPO 411 reviewed the request on October 6, 1982 (see attached Exhibit A) . b. Land Use: Goal 412 - All applicable LCDC Goals and Guidelines, NPU 411 policies and Tigard Municipal Code sections were considered in review of this application. MENEM PAGE 3 f STAFF REPOt:r - AGENDA ITEM 5.2 \ TIGARD PLANNING COMMISSION MEETING OCTOBE& 19, 1982 C. Economy: Goal #9 - The purpose of this goal is to diversify and improve the economy of the State. Presently, the property is not being utilized to its full potential. The property is in a prime retail commercial location. The applicant intends to construct a 122,805 square foot shopping center on the site. The center will provide approximately 230 jobs for the community. In addition, the shopping center will provide a service to residents in the area. d. Public Facilities and Services: Goal dill - The purpose of this goal is to insure the provision of public facilities to the site. Presently, there is an 8" sewer line which runs through the site. The applicant has submitted a sensitive lands permit application to relocate the sewer line on site. In addition, the applicant is proposing to relocate the storm drain line. Water is available from a line in SW Pacific Highway in adequate quantities and pressure to serve both fire and domestic needs. e. Transportation: Goal 412 - The intent of this goal is to provide a safe, convenient and economic transportation system. The site ! is accessible from Pacific Highway. The applicant has proposed L three access points onto Pacific Highway. The Oregon Department of Transportation has reviewed the applicant's plan and granted conditional approval. (See attached letter Exhibit B.) 2. NPO #1 POLICIES POLICY 18: Pacific Highway is developing as a strip commercial highway. The traffic carrying capacity of this highway should have the highest priority and adjacent commercial development should be subordinated to this need. POLICY 19: 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 driveways. As new development occurs, the number of access points should not exceed the number necessary for proper on-site traffic circulation and where possible should be combined with access to adjacent businesses. POLICY 20: Highway-oriented commercial businesses should have priority use of Pacific Highway frontage because they are dependent upon the volume of through traffic for their business. POLICY 21: Businesses on Pacific Highway should be oriented to the existing traffic and not draw additional traffic from the adjacent community. Convenience or neighborhood centers should, therefore, be prohibited from locating on Pacific Highway. ILA PAGE 4 STAFF REPORT - AGENDA ITEM 5.2 \ TIGARD PLANNING COMMISSION MEETING OCTOBER 19, 1982 The proposed shopping center will have three access points onto Pacific, two which are existing. In addition, the shopping center will be convenient for area residents allowing them to stay in the neighborhood rather than drive Pacific Highway to shop. 3. TIGARD MUNICIPAL CODE Zone Change - There are no specific criteria in the Tigard Municipal Code which address zone changes. Therefore, staff relies on LCDC goals and guidelines and NPO #1 policies. Comprehensive Plan Revision - All of the requirements of the Tigard Municipal Code will be applied to the development of the site during Site Design Review. Included in the Design Review are parking, landscape, access and street improvements. 4. CONCLUSIONS The proposed Zone Change and Comprehensive Plan Revision meets applicable planning policies. The development of the site will be reviewed and approved through Site Design Review. 5. RECOMMENDATION Staff recommends approval of the applicant's request for a Comprehensive Plan Revision and Zone Change to General Commercial, C-3, based on the following: I. The surrounding land uses along Pacific Highway are of a General Retail or Highway Commercial nature. 2. The proposed use would be compatible with the existing commercial uses in the area. In addition, staff recommends the following conditions be attached to the approval: 1. The improvements to SW Pacific Highway and the access points from the site to SW Pacific Highway shall be approved by ODOT prior to issuance of building permits. The ODOT approval shall be in writing and shall be accompanied by a plan. 2. A maintenance agreement and plan for the frontage road and island shall be submitted with the application for Site Design Review. 3. The applicant shall apply for Site Design Review. The Site Design Review application shall include elevation sketches showing proposed screening from abutting residential neighborhoods and a letter outlining the disposition of the existing right-of-way which the state intends to dedicate to the property owner. BY: (M, (� �/i • REVIEWED Br.-::57- PREPARED1 -ter Elizabeth A. NewCA William A. Monahan Associate Planner Director of Planning & Development lw - Y T ' IF �. i r � , i b •' L3 R!I—T 2A DEAVCFS TUDN. 0;-,LCt314 P,`0142 2-'"D _5-U j 2 lhiayr 3-3 , 1982 14,-gwr RE Transportatioll In'PzACt i-:;-IaIYOis A j -last CC-;.-,,,mercial Dev4F.-Ioln.-tent Pacific Ij-; g;l-.,.ay West City of Tigard Duar Mr . Bishop: A Leview was rctade of the proposed -;object commercial development and traffic i--P!-)act analysis. conclul:ions are directed at. 211,1ternate #3 which z:ppc-ars to i,.)E, the most desirable alternative: 1 . 1,!e wil.j. not :.ipprovt, the -%u-jtherly access. This V,as as a right tUt' il ifl, right turn out Z-C-rv, ,,c cril-rance . It is fc! ,L.,.-- thc, major ,Iccess I A - - the ijj;pro,,c--;-m1ni-s for the Park Avenue t!jo o!,.t_ r This .-.cc.csE: woo cl--rflict with the pr many to th-� proje:7t. rr.I-e -.- -�,-;. - h -i J- r �jpprociclj should ix. dies *, Cinc:d as -z own on ttc t a,7, r,a-*r)r .1L- W ri(--S i,;n S t I P,e t t j.- I y z:7.i s r1C3 a 6 d r -?s the stCj rage r-�qf i 'r r.tfor t* -j -31-it turn lane from Oregon 9911, thi-� 147-:ft tLU:n IF!110 fro-ri. 0-re-c-on 99W and the in the aTpprrt.-tch 1--) 0-rc-gon 9911. to ,:;e -!,.krecL1y across Kom cj:, C,-!jr, c% 11 A the proposed We would ask bc f-tIpUlat.01-1 ,jo c i ty plannincl process. is t h--r :it th^ '—ot'lc '-nue approach Oregon 99W. a 4! !?on Failmc-7(y�r wotild ilko space-time 1.0'r ilia !-!,7 c.-,- verifying the '.�.\,.- rr .i' �rfj•zi�V�I i V�C7 ali �7l�. /44-,ay D[ J 1 tYlJ/i �:�3�•• (DeSTRUC ! t-r1 I`.�%�[r -1 � /il`iSiE_ SLIP' i�i,il��71✓�l P.U. c3:?X 5:i y. 3EA`lz. i'Q�!, k7,`REGQN ::7075-0:.65 PHONE 229 LAY,)? 4 , 1982 DISTP NCT 2-A i _ juti U t J.b. 3ish0P _ =7 tl 10;,05 SW Barbur blvd. Portland, Oregon 97219 RE: Proposed Tigard East Commercial Development r r i Mary Access Pacific Hwy. West City of Tigard Dear Mr . Bishop: In oder to complete the surplus property sale prc-cess of the frontage along your proposed development, we need to have the location of the primary zaccess wore c;. _arl- identified. Before a filial deed is prepared, we need a QaLer de�iiilitlo21 of the proposed access locatia,� ! ;ul'cj ::ez�jt Development across Oregon 4:.:c'�r r_c 1 c-m R4 of my May 13 letter to You. r r cm an ;n r:?,• f11- it appears that there may be- :•`Iii: t o propo—scd accC`ss to the Ti`s;T.rt 1 Dt�;:l:•p �^n� :.nd `*he Pietr:}' s parking lot . We �^- E c Is9t:` f-hiT, !'li;:rmation as soon as POSSIble. '_.•. - - 5•; Goibc-1, P.E. I-11istrict Maintenance Supervisor C E:� 7-arC.t Pailrn.-:�zger Frank Currie :':ay*:r• i t t l .,on , r lT;SM Hill < 0011 rilr_ 0+;r'6 1. NATURE OF THE PROPOSAL AND THE REASON FOR REQUESTING THE PARTICULAR ACTION ARE AS FOLLOWS_ A. General The site, comprising of. 12 . 06 acres , is located on the eastern side of S.W. Pacific Highway between S.W. Park St. and S.W. Watkins Avenue. A single building is to house the major elements of the property. The building will contain a 30,000 square foot fashion department store (Emporium) , a 30 ,000 square foot drug/variety store (Bi-Mart) , a 24,750 square foot grocery store (Sentry) and 38 ,055 square feet of smaller scale retail/commercial space for a total of 122 ,805 square feet of space. Adjacent to S.W. Pacific Highway an existing 4644 square foot retail/ commercial building (Shop C) will be retained. In addi- tion to the existing building, two new retail/commercial buildings with an area of 4200 square feet (Pad 1) and 5400 square feet (Pad 2) , whose use is projected as a financial institution and a coffee shop, will be located adjacent to the highway. B. Vehicular Access Access to the site has been given careful consideration and the State of Oregon Highway Division has granted approval of design. The access point at the south end of the property will consist of an improvement of the existing driveway adja- cent to the existing retail/commercial building. The improvement will consist of removing some of the parking along the south property line to allow for an enhanced landscaped entrance and widening the aisle between the parking stalls to a full 30 feet to allow for smoother access by northbound traffic on S.W. Pacific Highway. In addition, exiting from that point will be limited to right turn' s only onto S.W. Pacific Highway per the Highway Division' s approval. The central access point for the site will consist of a new 40 foot wide signalized intersection. The access will consist of three lanes, one for inbound traffic, the shopping center, one for straight ahead or left turn onto S.W. Pacific Highway, and a right turn only lane onto the highway. The northern most access point consists of improvements of the existing frontage road, old Highway 99 , to align the intersection with S.W. Park Street and to provide for proper signalized control of access to Highway 99 . In addition, the intersection will be widened to three lanes, one lane for inbound shopping center traffic C � SCALE f I I P 310 o t 17 1751 200 c tit r ; o y r 1 = ;B. �4 b 600 500 ego ./4Ac ooo / 419Ac 30. rJ' `e• 4, yam' 312 k — �'J `\ goo t \ 0 4 69• jJ E 313 12 '7.i•\ M1 12 .9 r -5100 ��\i,. \ �\ o� 1ud-- `} "5000 n ;. X00 \ \ '•ti � 'r 96Ae. so 4800 I l�! w `r ' 1 9 74.0-1 4700 P o : cy �\4 N 8 _ `e t U t w \ r 1 Sne•'SS'w t. 1•C Z 4 e S r. •r i4O0 1500 1600 1700 1:73 0 i'3UQ 2000 2100 71 �ton ;Z;l _ /i '/ !;tjzl W 12%1 U) oa Y Y i o � e i ooh o £a: z .£ � o L LI 3 -oga O / 9 / ` v oe c fa Z blr WO 2S p QfJ �' . ®C s:ilrlasn•vw•i itv.•a •s:• large enough to allow a northbound tractor- trailer turning maneuver, one lane for-,,'straight ahead or left turn onto S. J. Pacific Highway 'and one lane for right turn' s only onto the highway. C. Service Access The site design has established a circulation pattern for service vehicles that consists of entering the shopping center via the southern access point, servicing the main building on the east (rear) side and exiting via the northern most access point to the shopping center. To achieve maximum screening of the service road from the adjacent residential area, a large heavily landscaped buffer zone has been set aside along the east and south property line. All maneuvering of service vehicles will occur in this screened area and at no point will this service access open onto the residential neighborhood. D. Sensitive Lands The site has a drainage Swale on the eastern third of the property which runs from south to north that is con- sidered sensitive land. This portion of the site will be given special engineering analysis which will be addressed under separate application. E. Reason for Requesting Proposal The comprehensive plan and zone request for changing the existing split zoned C-P/C-3 zones to C-3 is a logical request in view of the development trends of the area and positioning of the existing zones on the property. At present, the southeastern portion of the property is zoned C-3, which is a totally land locked zone with no means for access. The northeastern portion of the pro- perty is zoned C-3 (General Commercial) with C-P (Commercial-Professional) along the western portion, which if anything, should be reversed. By unifying the zoning to C-3 , it would allow for a more logical deve- lopment of the -site in keeping with the development trend for the area, NPO policies, and the planning staff studies , which per the suggested staff review calls for a C-G zoning designation in the future. NPO I has offi- cially endorced this C-G designation as part of the plan now under review. 2. HOW THE PROPOSED USE YS IN CONFORMANCE WITH TIGARD'S ADAPTED COMPREHENSIVE PLAN: The proposed site utilization respects and is consistent with the comprehensive plan dated May, 1974. Specifically, it satisfies the following policies : P POLICY 18: Pacific Highway is developing as a strip commercial highway. The traffic carrying capacity of this highway should have the highest priority and adja- cent commercial development should be subordinated to this need. - Project is subordinated to the need of traffic carrying capacity of Pacific Highway POLICY 19 : 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 driveways. As new development occurs the number of access points should not exceed the number necessary for proper on- site traffic circulation and where possible should be combined with access to adja- cent businesses. - Project cluster buildings for use of common parking and highway access points. - Access points and signaling are approved by the State Highway ;department. - Project uses existing frontage access of adjacent property to the Northeast. POLICY 20: Highway-oriented commercial businesses should have priority use of Pacific Highway frontage because they are dependent upon the volume of through traffic for their business. Project is oriented to provide commercial business high visibility from Pacific Highway. POLICY 21: Businesses on Pacific Highway should be oriented to the existing traffic and not draw additional traffic from the adjacent community. Convenience or neighborhood centers should, therefore, be prohibited from locating on Pacific Highway. - Project has no traffic connection to adjacent community. - Project is not a neighborhood center. 3. COMMUNITY NEED AND PUBLIC BENEFIT DERIVED FROM THE PROPOSED ACTION INCLUDE: The development responds specifically to Policy 18 in providing a commercial shopping area working in concert with Pacific Highway and serving the greater Tigard residential areas. As a further benefit, the complex will generate additional employment of approximately 230 new jobs for local residents, and contribute to the general economy of the city of Tigard. Tax contribution as a result of the complex is estimated to be approxima- tely $8 ,160 per year, vs. the current $1,020 annual f taxable contribution to the City. This contribution is computed at $1. 02 per thousand dollars of 1982-83 vA,uation currently estimated at $8 ,000 , 000. In addi- tion to annual taxes, a one time contribution of $19 ,000 will 8,e paid to the Tigard System Development Street Fund. This sum is based on a levy of $50 on each 380 required parking spaces. Related to traffic concerns, improving two existing access points, the existing access point at the existing retail building and the existing frontage road, the shopping center is adding only one access point. Since this point has State Department of Transportation approved signaling, the impact to highway traffic will be minimal . 4. ANY CHANGES IN ENVIRONMENTAL, ECONOMIC OR SOCIAL CONDITIONS AND/OR CHANGES IN AVAILABILITY OF PUBLIC SERVICES, OR ACCESS AND/OR ANY OTHER ASPECT OF COMMUNITY DEVELOPMENT DIRECTLY AFFECTING THE SUBJECT SITE THAT WOULD JUSTIFY T B REQUESTED ACTION: Recent economic reports have projected the Tigard popu- lation increasing 8% per year over the last five-year period, causing in turn additional need for medium sized retail/shopping areas and related services . The development is zonsistent with the Tigard - Comprehensive Plan which identified the areas as appropriate for retail commercial activities . A recent survey indicated only 17% of the available area zoned for commercial use in the area was "buildable" for future developments. This project represents one of the few remaining sites to accommodate a full service retail commercial center for the community, particularly in NPO #1. S. WHY IS THE PROPOSED LOCATION FOR YOUR PROPOSED LAND USE MORE SUITABLE THAN OTHER LOCATIONS IN THE CITY ZONED TO ALLOW THE PROPOSED USE: Sites in the Tigard area adjacent to Pacific Highway which could accommodate such a development are non-existent. 4 - 4 G. THE IMPACT OR EFFECT THE PROPOSED.,DEVELOPMENT WILL HAVE } ON ADJACENT SITES, OCCUPANTS OR ACTIVITIES AND ON TETE C IMMEDIATE NEIGHBORHOOD USE: The proposed development and zone cliange has no negative r impacts . - Although some of the site vegetation will be removed, except for existing vegetation in the buffer , the project is designed to provide additional landscaping to buffer residential view, to provide a sound break and enhance Lie shopping center aesthetics. In addi- tion the plan will provide open space with generous landscaping along the highway. - Short term jobs created during construction and long term jobs created during operation coupled with increased potential to attract dollars and keep E dollars in the Tigard area far outweigh the loss of f one existing business on- site. - Along a 1000 ft. frontage of Pacific Highway this project uses two existing accesses and adds only one new access which is potentially less access points G than if each of the 5 parcels were developed indivi- dually. - Per design, we will maintain and augment the dense natural foilage along the easterly property line which abuts a single-family residential district. Our setbacks, also by intent, will be much more than the minimum required on the easterly property line and our proposed building heights will all be 25 ' or lower. 7. THE TYPES OF PUBLIC SERVICES NECESSITATED BY YOUR PROPOSED DEVELOPMENT AND THE IMPACTS THAT YOUR PROJECT MAY HAVE ON THESE PUBLIC SERVICES. Water service is currently available along Pacific f Highway, in adequate quantities and pressures to serve both fire and domestic needs. Sanitary Sewer capacity is adequate for this development. Relocation of the sewer line will be required. Portland General Electric, Northwest Natural Gas, and General Telephone all have facilities adjacent to the site, of adequate capacity to serve the project . s 4- i All roadways on- site will be private roads , designed to serve the circulation needs of the project and adjacent businesses along the northern improved frontage road. These roadways will connect with Pacific Highway in the following manner : 1 . Park Avenue - Signalized intersection with Pacific Highway. Approved by Oregon Department F of Transportation (ODOT) . E 2. Main Entrance - Signalized intersection with Pacific Highway (across from Pietro ' s Pizza s entrance) , approved by ODOT. 3. Southerly Entrance - Right- in, right-out only, unsignalized currently being reviewed by ODOT. 3 The project will be served by the current Tri-Met bus line #44. 8 . PROJECTS COMPLIANCE WITH OREGON LAND CONSIDERATION AND DEVELOPMENT COMMISSION (LCDC) STATEWIDE PLANNING GOALS AND GUIDELINES. Goal I - Citizen Involvement - Not applicable. Goal 2 - Land Use Planning - In compliance with process currently required by City of Tigard. Goal 3 - Agricultural Lands - Not applicable. Goal 4 - Forrest Land - Not applicable. Goal 5 - Open spaces , scenic and historic areas and natural resources - Not applicable . s Goal 6 - Air water and land resources quality. Project is in compliance with this goal . Shopping r complex is compatible use adjacent to Pacific Highway with negligable impact to air quality. 4 Goal 7 - Areas subject to natural disaster and hazards - Not applicable. Goal 8 - Recreation Needs - Not applicable. Goal 9 - Economy of the State - The project is in compliance with this goal . Project will generate commercial activity of greater volume than housing. Goal 10- Housing - While housing is zoned for a portion of the site the zone which is designated is not in compliance with the LCDC Goal 10 . The con- figuration of the site , requirement of access across a CP zone , the existance of a drainage ditch across the site and requirement to extend utilities to the zone could over burden the development cost which would limit the flexibi- lity of housing units available at price ranges or rent levels commensurate with the financial capabilities of the housing market. A greater potential of developing housing in compliance with Goal 10 exists in other loca- tions within Tigard. } Goal' 11 Public Facilities and Services . Project is in compliance with this goal . See Question 7 above . Goal 12 Transportation - Project is in compliance with this Goal . The facility centralizes commercial business along a high intensity traffic thoroughfare . Goal 13 Energy Conservation - Project is in compliance with this Goal. Shopping center has the poten- tial to reduce energy related vehicle trips. Project re-uses existing previously developed low density vacant land. Goal 14 Urbanization - Project complies with the use of land designated to be urbanized. Goal 15, 16 , 17 18 , $ 19 Not applicable. i BMW Octobea. /8, /982 TJTW CffY PLv4RIAg COOMISSZON e igaad, Okeyon 97223 Cerzaenea.• A pAopo4a l foA wmwe� developnesi a loag Paci Lc N.i.p'umy u, uxA c,® ;to be Anoun a4 llf.[ 30 fAS'T" and paeAeat ed Zo the Octo bee 6 izegu Za& meeting o� N/V /. Th" pwpo4at Aeguea 4 ae-pr's #h.e p-reoenity .op.Li�-Fn.ed pvzce l d involved -to C-3 and la U-6 .info "he oe 4i,;t-Ve ,&uzo66d cat e ,golzy due to the rz,a uruLl dna mage autzle ulu ch enp&eo in to Marano Cizeeh. NYV ! con u w u,ZA ba;tA the ae-pruing aegueat and the deve to pea.'d pwpo.oa l Ae&;Uve to the ,4ea.6 ti_ve &vzda .invo.Cved. /2eaPe-c'E�icGl�, >yaa� .e NIT November 14,1982 We the undersigned residents whose properties and neighborhood border the projected development known as Tigard East being proposed by J.B. Bishop, wish to enter into public record the following statements and requests: As residents of the adjacent area we are concerned by the impact that this project would have on our neighborhood due to increased auto and foot traffic, security, as well as increased noise and visual nuisances. Because of these concerns we had a neighborhood meeting with J.B. Bishop on October 27,1982, at which time Mr. Bishop presented some general plans and we in turn expressed our concerns and needs relative to the buffer needed between the two areas. Specifically addressed was the need for permanent fencing between the proposed commercial development and our homes. Mr. Bishop expressed his understanding of our concerns and agreed that fencing throughout would benefit his project as well as assure the security the neighborhood is seeking. He suggested that the appropriate course of action would be to meet with each adjacent landowner, and with the assistance of his landscape architect,Mr. George Ott, review the specific plans for the buffer area as they relate to each individual adjacent property. These individual meetings were then to be followed up with a collective meeting of all property owners to finalize specifically the type of fencing,trees, shrubs,etc., necessary to satisfy our concerns as they relate to our neighborhood and our homes. v It was also felt and expressed by all present that these areas of concern be settled and agreed upon prior immediately. All persons present expressly indicated the need of the fencing prior to the development of the site to provide us with an element of security before access to our neighborhood,through the open space which would be created, would occur. Because Mr. Bishop agreed with our concerns and indicated to us that it was his desire to satisfy our needs and indicated his willingness to provide the necessary fencing and large trees, shrubs,etc.to protect our homes, we felt it advantageous to work together in an effort to bring the matter to an equitable conclusion. We did not appeal the Planning Commission decision of October 19,1982, because we felt that we had an agreement with Mr. Bishop, and that he fully intended to honor his commitment to us concerning the buffer necessary between our homes and his commercial site. Had we not felt confidence in his assurances to us, we surely would have filed an appeal in order that the Planning Commission would reconsider. their decision. He did in fact contact, and promise to contact all concerned property owners, with the intention of making appointments to address the concerns as referenced above. In one instance a specificappointment was set up and then he failed to appear or even extend the courtesy of a phone call. Since the meeting of October 27th, he has made no further effort to work with us and no effort to contact us. In light of what has happened, we now feel that another course of action is necessary to guarantee both the protection of our homes and give us some assurances that Mr. Bishop, or any future developer of this site,must adhere to some specific conditions which provide protection to those property owners directly adjacent to the site. This is a large project that directly affects at least 9 property owners, located directly adjasent to the site, and indirectly affects everyone in our area aesthetically. Because it is a large commercial site and will certainly interfere with the normal use ani enjoyment of our homes and families, we appeal to you as our neighbors and representatives of our city to help us establish specific guidelines to protect our homes and continued harmonious enjoyment of same. c . We ask that the following additions be made to the CPR 4-82 as conditions of final approval. 1) Prior to any site development, construction,tree removal,etc.; the developer acquire written agreements.with all adjacent property owners stating specifically terms as they relate to fencing(height,materials, placement,and maintenance). Financial obligations must be spelled out to avoid future problems, p' 2) The developer be required to state in written form directed to the `t property owners and city officials, his intentions as they relate to the greenbelt area; including addition of shrubs,trees,etc.,as well as the removal of same. 3) There are several large, old trees on the property to be developed. We realize that some of them will have to be removed, but several of them are located in the greenbelt area. What assurances, if any, can be made that these trees will not be disturbed. They will certainly help to break up the view of the bare buildings which will be facing the residential areas, as well as aid in serving as noise barriers. We would ask for written agreement that no large trees be removed from the greenbelt area without first informing us of the developers intentions and that he would be required to show evidence that indeed the removal is a necessity and merely a convenience for the commercial site. Should a dispute arise, we would ask that both sides be reviewed by a non-biased third party, such as the planning commission, who would then make a final decision. Our purpose in asking for these provisions is not to prevent development of the site by Mr. Bishop, but to protect our homes as much as is reasonably possible, from the encroachment of a large scale, highly traff:ced shopping area. Should it not be in the City Councils power to address these issues in the manner proposed, we then respectfully request an extended appeal period regarding this matter so that we may re-address our concerns to the appropriate bodies. We feel that we are justified in making this request because of the circumstances addressed at the beginning of this petition. We were acting in good faith with Mr. Bishop during the period from October 19,1982, and November 5,1982, when our original appeal period expired. Since Mr, J.B. Bishop has made no further attempts to contact property owners in an effort to resolve our concerns amicably, we are left with no alternative but to seek assistance from you, our City Council. We feel it is imperative that certain conditions must be made of record(preferrably on the deed, so that those conditions would also carry over to any subsequent owners if the property should change hands), and that the conditions as agreed upon should be adhered to prior to any commencement of work on the property. i c^^ C L< <-�/cam Ci� INS Y. November 9, 1982 MEMORANDUM TO: Members of the Tigard City Council FROM: William A. Monahan, Director of Planning & Development RE: Winsome Terrace During the past two months I have worked with the Housing Authority of Washington County to resolve a conflict on the proposed location of four subsidized housing units on Winsome Terrace. The City feels that the Housing Authority's plan to construct additional units at Winsome Terrace would result in a concentration of undue size in the neighborhood which would violate Policy 8 of the Tigard Housing Plan. I have worked with the Housing Authority in an attempt to identify alternative vacant plots with a goal of dispersing units throughout Tigard. Attached is a copy of the memorandum which I hand delivered to the Authority on September 27, 1982. On November 1, Dayton Page hand delivered the attached memo addressed to Mayor Bishop describing the current status of the Authority's housing construction plan. Please note that I intend to continue processing the possibility of finding alternative sites. It appears, however, that the Authority feels that the likelihood of switching sites is unlikely. This correspondence is provided to you for your information only. No action is required , however, should you feel strongly that the City should not further pursue alternative sites or if you feel that more work should be put into avoiding construction at Winsome Terrace, Council may wish to provide staff with direction. ch t` ,1 No W11 VS01 WE TERRA CE 6,,yao Englix-srkV Apr!/, /97.9- A 973A REPLAT OF A PORT/ON OF LOTS 30,3/,APID-W OF NORTH T/GARDV/LLE ADD/TION ? RHA!R..4q. OWERS aF T7ti"IV / - EST49L/SH..`MD DECLARE rW 10E,- '"o ALL LCTrS elMw UP TXE .- "HE WIDTHS SL•T MR7T AAV %&D Ti¢'USE OF TT$'FUaLC AS ET iT-YP'TH. - - )� s• - ♦. a���L J am- �1.'.a /J.Woo, t. 'D.:,x. `p 3�5► FGYNSO%f-•t ' x'/923 ,✓� �'gr .Qk rPtMG S/•'r v I G- A NORr- �M V"'-AgwC G --W SAID rot=-We 3 V atuari ryy i�- 61, .f• ���b (•�L, Jr(.r.:.v. £ �� ��SRG14T4K 0v&,7-2,v. SECR£TLCT- 'fsc eEam -+c I +'� ,`�h^�j,rsi� `•.\ -rsv •/• .� 9 0�• S."CYG D£Jti Arlo&4.YD R0IV--LD E i/4 COR&ro Be/- AV •'!� U'�d / ?'ao �1 c..J 5 AWdCEL`:M N[£N SLC 19 4A0 DFFP. FytEca.z.: SC,;a a. 7tS��.. 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'!6 N 1JAJ� / OfAeDTsS flYlrl'•K?OIN7' \ \ sl.43..97 X71./J 72.40 p. a ar*orrs 1/f JO'/I► sir ommor - 14-/9-SJ x:87 jr, 6214' APAM. /D71 Vi. 4.&ASO Of ILrARiMSS r Gd MO.JT71 fuumo S'W /0- AFACJt7 ef0wG71t£NT'FavrrO AS MOrfO \ r t' September 27, 1982 MEMORANDUM TO: Washington County Housing Authority FROM: William A. Monahan, Director of Planning and Development SUBJECT: Potential Sites For Single Family Subsidized Housing As discussed at your Board meeting on September 7, 1982, the City of Tigard is prepared to offer assistance to the Washington County Housing Authority to identify potential housing sites for subsidized housing construction. Primarily, the City is interested in working to assure compliance with the Tigard Housing Plan, adopted by the City Council on April 11, 1977, which states as Policy 8 that, "low and moderate income housing units shall be located according to appropriate standards (e.g. , not concentrations of undue size, to minimize impacts on existing neighborhoods, etc.)." Toward this end, the Planning Division for the City has surveyed the City to identify available vacant building lots for evaluation by the Authority as possible alternatives to construction on lots presently under its control on Grant Court to prevent a concentration there that is contrary to the intent of the City Plan. Grant Court Lots - Presently the Authority owns four lots on Grant Court, with one lot occupied by a single family home. Two of the three z _-_.Lining lots are contiguous, while all are within a ten lot cul-de-sac. Properties around the site are built up with single family homes. Those within the cul-de-sac are of various styles, all built within the past few years. Those in the adjoining neighborhoods are well maintained homes on established streets. The only exceptions to the high quality of residential properties in the area are those opposite the Authority's unit on SW Grant Avenue. Other Lots In The City - There are two sources of buildable lots available to the Authority. One is the conventional market, that is, purchase from a realtor or property owner, while the second is the City of Tigard which would trade one or more buildable lots which are under its jurisdiction. A. Conventional Market - A survey of the availability of lots through the conventional market revealed that there are several lots now available in various sections of Tigard. These lots range in price anywhere from $14,500 to almost $30,000. These lots are located in existing residential neighborhoods. It is possible that the Authority could procure three lots in different parts of Tigard or two in one area while building one other at Grant Court. Either of these courses of action would be preferable to constructing three additional units on Grant Court. C i Available lots: Southeast Tigard - A. Lamancha 5 lots B. 88th, Reiling 6 lots Scheckla Drive 3 lots* 89th Place 3 lots C. 98th off Durham 2 lots Southwest Tigard - D. Fairview Lane 1 lot* E. 118th Ct./Creekside 4 lots* F. Watkins Place 1 lot* Northeast Tigard - G. Leslie St. & 72nd Ave. 1 lot H. 92nd & Greenburg 4 lots B. City of Tigard - The City has under its control two duplex lots in Pinebrook, off Bonita Road. These buildable lots could be used for duplex units or single family. The value of these lots is somewhere within the range of the conventional lots. Other Considerations - The City is ready and willing to work with the Authority to develop an alternative to utilizing all these parcels on Grant Court. Should the Authority wish to purchase or trade some or all of their Grant Court lots the City would be willing to donate the following in-kind services: 1. The services of a registered architect who is on staff with the City to re-site the proposed houses on alternative sites. 2. The services of the City Engineering and Planning Divisions to draw up topographic plans for the new site. 3. The services of the Planning Division staff to prepare landscape architect plans. Expertise is presently available in the form of full time staff of the City who would be committed to assisting the Authority to disperse subsidized housing into various sections of the City preventing a concentration in any one area. This commitment of municipal resources is further pledged for future cooperative efforts between the City and the Authority. The City of Tigard, through my office, stands ready to assist the Authority if it is willing to reconsider its position. WAM:lw THE HOUSING AUTHORITY OF WASHINGTON COUNTY P.O. Box 988 -- 560 S.E. Third Avenue, Hillsboro, Oregon 97123-0988 Phone: (503)648-8511 COMMIS`,.IUNERS D t/ D.I i l...., Cl..l.11-- I J Elwl. V.r. E Al Wall— VV J f-P.It.r " '' "�"" November 1, 1982 EXECUTIVE DIREC IOR D Payu Wilbur A. Bishop, Mayor City of Tigard P.O. Box 23397 Tigard, Oregon 97223 SUBJECT: Selection of Alternative Sites Dear Mr. Mayor: The Housing Authority, acting at the request of the City of Tigard, has looked into the possibility of developing alternative sites for the construction of Housing Authority owned housing in the City of Tigard. This request comes as a result of citizen's concerns that { a neighborhood was going to be adversely impacted and, in some way, s that the proposal is at variance with city policies. We, as a Board, have reviewed the material presented to us in regard to city policy relating to housing and find that we are in compliance therewith. It would be impossible for us, or anyone else, to determine what is required to comply with the proposed policies. The twenty-two (22) units being built in Tigard are as well disbursed as possible. We have instructed Dayton Page, the Executive Director, to proceed with the planned development, but to also continue to work with the city, if possible, in developing at least two alternative sites. lie has informed us that the site selecting was a long process involving a great many factors, including; asking for assi-stance from your Planning Department , and final HUD approval. He and the Development Manager looked at a great number of potential sites prior to purchase. Later, accompanied by Mr. Monahan, he retraced some of these same steps only to confirm that the rational was correct for the original selection. The Housing Authority does not have the funds available to buy alternate sites. We have spent our allocation for surveys, purchasing, title insurance and escrow accounts. Any alternative site, mutually approved by the City of Tigard, the Department of Housing and Urban Development, and the Housing Authority must come to the Housing Authority without cost. Assurances would also require that additional costs incurred as a result of the exchange would be provided by someone other than the Housing Authority. This would include, but not limited to, unusual site conditions requiring additional site work, changes in foundation require- ments, bid corrections, etc. We are not attempting to paint a rosy picture; we see the likelihood of working with an alternative site as being very difficult and a costly undertaking. This does not mean that it is impossible, however, most likely improbable. Therefore, in the interest of completing both our goals, the staff will work with you as they are able, up to and until the time that an alternative site would be impossible to select. We are going to bid opening for the construction of the proposed sites on the 19th day of November, 1982. It is anticipated that contract completion will proceed in a normal course and be completed one month later. After this time, no changes or alternative sites would be possible under our program. Sincerely, / Derryccz H. Dittman Chairman of the Board of Commissioners DP/wrp/tv i I MEMORANDUM TO: MAYOR AND CITY COUNCIL ASSISTANT JOY MARTIN, ADMINISTRATIVE, F DATE: NOVEMBER 12, 1982 Y SUBJECT: OBTAINING VOTER REACTION TO TAX INCREMENT FINANCING t t z REQUESTED ACTIONS i The following decisions need to be made if Council wants to have citizen input on tax increment financing prior to December 31, 1982- 1. Should there be an official poll involving every registered voter, or 1 ke." The later will "t.o occupant"? The former will be more "official-liz mean one per address with broader community-wide but. also non-voter. input. i 2. When does Council need the results of the poll? If Council would want to repeal the tax increment financing portion of the plan, this must be done prior to December 31 , 1982, to take effect in 1983. ionnaire? If so, should it be sent 3. Should the City do an attitude quest to the entire City along with the official poll , or should it be separate, perhaps only to a sample of the City? Cost impacts are obviously involved f here as well . FACTS At the October 18 Council meeting, the options available for obtaining citizen } advice were discussed. The decision was to wait until after the general election and for staff to have a questionnaire available if desired. CESS PRO � The minimum amount of time necessary for each step is shown below. In order to have the results from a poll to Council by the December 20 meeting, the process must begin immediately: Draft Poll/Questionnaire Staff November 15 Pre-Test Questionnaire 14 days Nov. 15-29 Revise, Finalize, Print, Mail Quest.. 5 days (maybe) Nov. 29-Dec. 3 Return Poll/Quest.ionnaire 14 days Dec. 3-17 Results of Poll to Council 1 day Dec. 20 Follow-Ups for Questionnaire 14 days (28 if nec. ) Dec. 20-Jan. 4 Coding, Preparation for Analysis January Analysis . . . Continued . . . MEMO -- MAYOR AND CITY COUNCIL NOVEMBER 12, 1982 PAGE TWO i DISCUSSION c Tho purpose of the Questionnaire would be to obtain citizen quidance or attitudc's on the importance of certain city services. It is not specifically an evaluation ` questionnaire. It. is hoped that this information will be useful to both Council and to the Budget Committee in deciding on goals and priorities with the Y. possibility of reduced funds. Departments will be preparing initial drafts of { b their budgets in February based on this process. z COST ESTIMATE The following is a summary of funds available and estimated cost of preparing the Questionnaire. y NOV.- JAN_- MAY- BUDGET Y.T.D. DEC. FEB. MARCH APRIL JUNE TOTAL NEWSLETTER POSTAGE $8,000 $2, 350785 $ 785 $ 785 $ 785 $ 785 $ 6,275 PRINTING 7,000 1,525 510 510 510 510 510 4,075 a �^ NEWSLETTER: $1 ,500 $3,875 $1,295 $1 ,295 $1 , 295 $1 , 295 $1,295 $10,350 QUESTIONNAIRE VOTERS LABELS $ 150 $ 150 POSTAGE (2-WAY) 3,500 3,500 PRINTING 550 550 QUESTIONNAIRE: $4,200 $ 4,200 f * TOTAL: $15,000 $3,875 $5,495 $1,295 $1 , 295 $1, 295 $1 , 295 $14,550 i * Newsletter and Questionnaire i E JM dkr E } E f 4 f F 1, November 22, 1982 CI TIO WASHINGION COUNTY,OREGON Alan G. Rogers Director, .License Division Oregon Liquor Control Commission P.O. Box 2297 - 9079 S .E. McLoughlin Blvd. Portland, Oregon 97222 IRE: Application for a Package Store License Plaid Pantry, Durham and Hall. Dear Mr. Rogers , Despite indications to the contrary, the City of Tigard does not support the issuance of a package store license for Plaid Pantry at 15485 S.W. Hall. At their meeting of November 22, 1982 , the Tigard City Council, based on public opposition voted to recommend OLCC deny the liquor license at Hall and Durham. We would appreciate OLCC reconsideration of this matter as soon as possible. Thank you for your consideration. Sincerely, - - - �.nc , ,. Wilbur A. Bishop Mayor - City of Tigard dmj 12755 S.W.ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171 certified public accountants 2700 First Interstate Tower i principal areas of the world Coo ers Portland.Oregon 97201 &LY rand telephone(503)227-8600 November 8 , 1982 NOV 1 0 1982 Mr. Robert W. Jean City Administrator City of Tigard, Oregon 12755 S. W. Ash P. O. Box 23397 Tigard, Oregon 97223 Dear Bob: This letter summarizes the results of our meeting on November 4 , 1982 regarding the fiscal 1982-83 audit of the City of Tigard. The fee for the forthcoming audit will be $13 , 500. The fee includes all services necessary for filing for the MFOA Certificate of Conformance Award as well as additional budgetary detail to be included in the report for the General Fund. The fee also includes all out-of-pocket expenses which we will incur. Very truly yours , 'X John L. Dethman JLD: jw U'U()NNtLL. DATE November 8 , 1982 LAWYER/CLIENT SULLIVAN & RAMIS -TTORNEYS AT LAW TO City of Tigard - Maksym File,', 1727 NW HOYT STREET PORTLAND. OREGON 97209 15031 222.4402 FROM EJS RE Conversation with Tony MaksymNOV1 0 1982 November 6 1982 On November 6 , 1982 at about 11 : 30 a.m. , Mr. Maksym called me and, after the usual pleasantries , he asked whether the City was going to negotiate or go to court with him. I told Tony that it appeared we were too far apart in our positions to have any real hope for negotiations. Maksym said that Marlin DeHaas was the problem, in that he was undertaking "punitive negotiations" . He inferred that he was going to ask George Mead to handle his case and that he had also spoken with Steve Janik. He also inferred that both of these gentlemen thought the City' s position was "ridiculous" and that negotiations were the best means of settling the case. I a nootbutwthatehehhadabeenptalkingdtoeattorneyspandd that he wasas , appraisers. Maksym also said that he wanted to raise the issue of the fairness of the Bancrofting procedure in that he had other positions that he wanted to take, but that he would wait until after the new Council was seated. He also said that "if the city wants a trial , it' ll be a hell of a trial" . He said, however, that if the city wanted to negotiate, "let' s go to it" . I responded to Tony that he had better prepare for a trial , because of the difference in positions. Maksym responecdthat he alizing probably would have Dick Bemis, a Portland attorney sp g in condemnation, handle the case. I responded that we had worked with Bemis on another condemnation case and we respected him and, if that was his attorney, we would be glad to handle all corre- spondence through Bemis, as I was uncomfortable in dealing with an unrepresented defendant. Maksym changed his tack again, indicating that Steve Janik had suggested arbitration as a means of handling the matter. I told Tony that I would consider that as a possibility. I then told Maksym to have Dick Bemis call me , but Tony replied that Bemis was out-of-town and that he couldn' t wait because he of was supposed toThave ony tancaanswer ll on theo9thesoothatcurtbwetcouldtdiscussas mo the matter again. eared ' The tone of the conversation was friendly, although it app to me that Maksym was jockeying for position. My tack throughout the call was to tell Maksym that we were serious and were not going to play games with him. We want to get this matter to trial and resolved and that we were not going to play politics with him. i cc: Bob Jean Marlin DeHaas EJS:mch k t k 1, i C1 F T117 WASHINGTON COUNTY,OREGON E r November 15, 1982 i. z t MR. RON JORDAN , CHAIRMAN TIGARD PARKS AND RECREATION BOARD 13235 S.W. VILLAGE GLENN DRIVE TIGARD, OREGON 97223 SUBJECT: LAST PARKS AND RECREATION BOARD MEETING i Dear Ron: � As you may have realized, I came prepared only to discuss the 5-Year Financial Plan and Cut-Back Options. Frank got way-laid at the "Let' s Light Up Tigard" Committee A meeting and I tried, not too successfully, to fill in 1 for Frank. Please convey to the Board our appreciation as staff for the Board' s involvement. The recent emphasis F on the Comprehensive Plan, Local Improvement Districts, Budget and Financial issues has taken a great deal of our time. I hope we can find time this coming year to again get back to Parks issues at a higher priority. i Attached is a Follow-Up Memo which I hope will see that the major items are addressed. Please feel free to contact g me if I may be cif any further assistance. i Yours truly, CITY OF TIGARD ! t f i Robert W. Jean, City Administrator RWJ dkr E( Attachment i E I i F 12755 S.W.ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171 M E M O R A N D U M TO: AFFECTED STAFF FROM: BOB JEAN, CITY ADMINISTRATOR DATE: NOVEMBER 15, 1982 SUBJECT: FOLLOW-UP FROM 11/4/82 PARKS AND RECREATION BOARD I attended the above mentioned Parks and Recreation Board and was not impressed by our support to them. Liz Newton is doing a great job as the liaison staff person assigned to the Parks and Recreation Board. We, as staff, are not doing as good a job as I know we can in keeping Liz , and in turn the Board, updated on items relating to the Board. To help improve upon our relationship and support to the Board, I have prepared this Follow-Up Memo and will ask that Liz do so following each subsequent Board meeting. The following items need attention by staff: BILLPlease review with the Board, the Parks and Open • Space Plan as it relates to the Comprehensive Plan, Flood Plain and Greenway policies . LIZ Work with Diane to keep a running list of Recommen- dations to use as a checklist and report. See me. FRANK Please plan on attending the December 2, 1982 , Park Board to review the January-August Recommendations checklist. FRANK Plan on reviewing this year ' s Park maintenance program and capital projects with the Board prior to the february Budget process, perhaps at the January meeting. BOB I ' ll contact Sue Sheridan about setting up a meeting with Tualatin, Sherwood and others on possible Recreation Program. FRANK Contact Mary Payne about Windmill mini-park prior to the December 2, 1982, meeting. FRANK Contact Susan Sheridan, Mary Ann McGinley and Bob Bollinger re. Bikepath Phase II program. Also s see if Councilor Scheckla and Councilor-Elect Scott are interested. . . . Continued . . . MEMO -- AFFECTED STAFF NOVEMBER 15, 1982 , PAGE TWO BOB I ' ll work with the Mayor on Park Board appointments. LIZ See that Bruce Clark is invited to the December 2 , 1982 Park Board re. Bandstand drawings and cost. BOB I ' ll work with the Mayor as to the Liberty Park sculpture from the 21st Birthday and report to Park Board on status. FRANK Report to Board on Laceleaf Maple incident at Cook Park and Fairbanks memorial tree. RWJ dkr f i f