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City Council Packet - 03/07/1983 ®ag— v TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an SPECIAL MEETING AGENDA agenda item needs to sign on the appropriate MARCH 7, 1983, 7:30 P.M. sign-up sheet(s). If no sheet is available, FOWLER JUNIOR HIGH SCHOOL ask to be recognized by the Chair. Non-agenda LECTURE ROOM items are asked to be kept to 2 minutes or less and are heard at the discretion of the Chair. 1. SPECIAL MEETING: 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. Motion to: 2.1 Apppove Resolutio:i No. 83-a.3 Accepting Public Improvements (Waverly Meadows) 2.2 Receive Henry Yohn Notice 2.3 Accept petition for Sewer LID Along Durham Road 2.4 Approve OLCC Application As Follows: s De Cicco's Old Country Pizza, 12122 SW Scholls Ferry Rd. , Tigard, RMB (121st & Scholls Ferry Road) 2.5 Railroad Sewer Crossing 2.6 Approve Resolution No. 83__2y__ to Set Hearing - WHIPP APPEAL 2.7 Approve City Administrator Evaluation Criteria 2.8 Approve Resolution No. 83- ,U- re: Krueger Annexation and City-County Urban Planning Agreement 2.9 Receive and File: o Memo re: City Administration Annual Report • Memo from Planning Director re: Inquiries by Councilor Scott about Plaid Pantry on Durahm & Hall • Letter from Merrill K. Haddon, Invest-A-Venture, Inc. o Memo from City Administrator re: Budget Issues for FY 83-84 3. LID POLICY DISCUSSION Administrative Assistant Joy Martin c c 4. ASH-PACIFIC LID (Streets & Park) #38, RESOLUTION No. 83- Public Works Director 5. COMPREHENSIVE PLAN PUBLIC HEARINGS - REOPEN AND CONTINUE TO 3/14/83 A Director of Planning & Development 6. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660 (1)(f) to consider issues related to Pending Litigation. 7. OPEN AGENDA ADJOURNMENT . 8. ADJ � Y COUNCIL AGENDA - MARCH 7, 1983 (0316A) f fi TIGARD CITY COUNCIL SPECIAL MEETING MINUTES - MARCH 7, 1983 - 7:30 P.M. 1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilors Tom Brian, John Cook, Kenneth Scheckla, Ima Scott; Frank Currie, Director of Public Works (arriving at 8:40 P.M. ) , Doris Hartig, Finance Director/City Recorder; Bob Jean, City Administrator; Bill Monahan, Director of Planning & Development; Ed Sullivan, City Legal Counsel. 2. CALL TO AUDIENCE: No one appeared to speak. 3. RESOLUTION NO. 83-23 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN WAVERLY MEADOWS SUBDIVISION AND AUTHORIZING RELEASE OF THE MAINTENANCE BOND THEREFOR. (a) Director of Public Works reviewed the history of the subdivision and reported the money for the bike paths had been deposited in the greencaay/bike path account. Staff plans to notify the property owners of the street closing which will take place later this spring. i (b) Motion by Councilor Cook, seconded by Councilor Brian to adopt. Approved by unanimous vote of Council. 3 i 4. RECEIVE HENRY YOHN NOTICE s e (a) Motion by Councilor Brian, seconded by Councilor Cook to receive E notice. Approved by unanimous vote of Council. t r 5. ACCEPT PETITION FOR SEWER LID ALONG DURHAM ROAD (a) Motion by Councilor Brian, seconded by Councilor Cook to accept E petition. 4 Approved by unanimous vote of Council. 6. APPROVE OLCC APPLICATION DeCicco's Old Country Pizza, 12122 S.W. Scholls Ferry Rd. , Tigard, RMB application. i (a) Motion by Councilor Brian, seconded by Councilor Cook to approve and ° forward to OLCC. Approved by unanimous vote of Council. PAGE 1 - COUNCIL MINUTES - MARCH 7, 1983 7. APPROVE AND AUTHORIZE SIGNING BY MAYOR AND CITY RECORDER SOUTHERN PACIFIC ( INDUSTRIAL DEVELOPMENT CO. SEWER LINE CROSSING PERMIT (a) Motion by Councilor Brian, seconded by Councilor Cook to approve and authorize signing. Approved by unanimous vote of Council. 8. RESOLUTION NO. 83-24 RESOLUTION OF THE TIGARD CITY COUNCIL REINSTATING THE NOTICE OF REVIEW IN M3-81 (a) Motion by Councilor Brian, seconded by Councilor Cook to approve. Approved by unanimous vote of Council. 9. APPROVE CITY ADMINISTRATION EVALUATION CRITERIA (a) Motion by Councilor Briar_, seconded by Councilor Cook. Approved by unanimous vote of Council. 10. RESOLUTION NO. 83-25 A RESOLUTION OF THE TIGARD CITY COUNCIL AGREEING TO RECOMMEND THAT THE PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION SET OVER THE KRUEGER ANNEXATION PENDING DEVELOPMENT OF A NEW URBAN PLANNING AREA AGREEMENT BETWEEN THE CITY OF TIGARD AND WASHINGTON COUNTY BY JUNE. 1983. (a) In response to Councilor Scheckla's request, City Administrator reported on Washington County staff's position on City growth matters. He explained this resolution does not say what the City's position is regarding the urban growth boundary but noted these are questions that have to be resolved within the next few months. City Administrator commented these are items the City and County are trying to reach an agreement on. City Attorney noted the issue is whether this annexation goes before the Boundary Review Commission. Planning Director added the City, County and Krueger have agreed to the set-over. Krueger has paid the $700 annexation fee and by adopting the resolution it would save his fee. (b) Motion by Councilor Brian, seconded by Councilor Cook to adopt. Approved by 4-1 vote of Council with Councilor Scheckla voting "NAY". 11. RECEIVE AND FILE Memo Re: City Administration Annual Report Memo from Planning Director Re: Inquiries by Councilor Scott about Plaid Pantry on Durham and Hall Letter from Merrill K. Haddon, Invest-A-Venture, Inc. Memo from City Administrator Re: Budget Issues for FY 83-84 PAGE 2 - COUNCIL MINUTES - MARCH 7, 1983 i 1110 Now ® �® (a) Motion by Councilor Brian, seconded by Councilor Cook to receive and file. Approved by unanimous vote of Council 12. LID POLICY DISCUSSION (a) Administrative Assistant Joy Martin discussed her report on Initiation Policy for LIDs. She stated this was a continuation of last year's study and the purpose was to review and revise the policy for the first step in the initiating of the LID process. The proposed policy is divided into two groups , developed areas and undeveloped areas. She reviewed the memo which suggested criteria to be considered or required for LID proposals. Discussion by Council and staff with consensus to have the Economic Development Committee be involved and review. Council expressed concern over the policy being presented, that would require decisions of Council on undeveloped land that makes the City a financial partner and goes beyond the intent of LIDs and should not be in lieu of private financial planning. Administrative Assistant stated the purpose was to provide some sort of guidelines L, -iinimize the risk. Council consensus was to receive comments from c,.o audience regarding this matter. (b) Chris Bowels, City Engineer for Beaverton provided information from a staff level as to processing LIDs in Beaverton. He noted the LID process gives residential areas a financial means to upgrade facilities to their property and that Beaverton has engaged in economic development projects. He noted the risks are not as great when the City becomes a partner in the development and if the development does not succeed the City would receive the land. The risk is a cash flow problem. Their City has a strong cash flow position and they require the developer to pay off the bond when the property develops. He also noted they use a 20-year bond schedule. Council and staff questions and discussion followed regarding handling of LIDs. (c) JB Bishop, Suite 303, 10505 S.W. Barbur Blvd . , referred to two commercial developments as successful projects in the City of Beaverton and noted this is occurring in other cities. He endorsed the LID bancrofting being a 20-year term. (d) John Butler, 9760 SW O'Mara, commented on LId policy for initiation. He suggested limiting the area or define it clearly. He endorsed the City setting up policy to indicate eligible projects for LIDs. (e) City Aaministrator suggested staff draft policy into language for Council to review and provide guidelines for Council to make decisions. PAGE 3 - COUNCIL MINUTES - MARCH 7, 1983 a�.�ia�eZ 13. ASH/PACIFIC LID (STREETS & PARK) #38 (a) Director of Public Works spoke to some of the issues previously discussed regarding LID policy that will come before Council to be considered in this proposed LID. He further reported to Council this is not how the City normally handles an LID. o JB Bishop, Suite 303, 10505 SW Barbur Blvd. , Portland reported to Council this is a previously disapproved LID project. He submitted a petition from property owners of Philadelphia Square Apartments and estimated the cost of the project is $611,000 for Plan I. The major tenant for the project has required specific improvements and time frames and the only way to meet the time lines would be to form an LID and thereby be able to speed up the process. This could be accomplished in 6 months by contracting out some of the work. He noted there were no public funds involved and responded to questions regarding risk the City might be taking as to the assessed value of property values and impact of project on property values. o Fred Anderson, Attorney, SW Center St. , pointed out the ORS requirements for selling bonds and procedures regarding capacity and that the City should be sure they have a stable interest rate. o Forrest McBride, representing property owners of Philadelphia Square Apts. , 14640 SW 88th spoke in support of the development. He noted this area could develop and be improved. They are willing to pay their fair share of the project. Discussion followed regarding access to apartments and blocking off of Ash Street. He reported the owners of the property are in agreement with the concept proposed. (b) RESOLUTION NO. 83-26 A RESOLUTION DECLARING AN INTENTION TO CONSTRUCT CERTAIN PUBLIC IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A LOCAL IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS LOCAL IMPROVEMENT DISTRICT NO. 38, "MAIN STREET" PUBLIC IMPROVEMENTS; DESCRIBING THE PROBABLE COST THEREFORE; DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING AND ADOPTING THE PRELIMINARY ENGINEER'S REPORT FOR THE WORK AND ESTIMATES OF THE CITY'S ENGINEER; AND SETTING A PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. (c) Councilor Scott expressed concern that the City will have to pick up the difference in case of default. Attorney responded there are no assurances; the project is subject to the fluctuation of the market. Councilor Brian discussed concerns as to public policy and also he has difficulty supporting this particular LID. All of the improvements were required by the City and accepted by the property owner. With only one major property owner involved he feels uncomfortable with the LID. The key issue is multiple ownership of PAGE 4 - COUNCIL MINUTES - MARCH 7, 1983 i i i. property owners. The City has no formal policy and he has a lot of questions that tell him the City should wait and resolve some of the issues. Discussion followed regarding this LID as compared to other previous LID's approved by Council. City Administrator noted risk question and policy issues involved and stated it is a Council decision. (d) Motion to adopt Resolution No. 83-26 by Councilor Scheckla, seconded by Councilor Scott. Approved by 3-2 majority vote of Council with Councilors Cook and Brian voting "NAY". (e) Director of Public Works asked Council direction as to the selection of the engineer, who it should be and the wording desired on the engineering agreement. o JB Bishop requested KcKenzie Engineering be appointed and noted they are on the City list of ten. o Director of Public Works to bring back recommendations and agreement on March 14, 1983. 14. COMPREHENSIVE PLAN PUBLIC HEARINGS (continued) LAND USE MAP PUBLIC HEARING OPENED (a) NPO #5 o Planning Director requested the Comprehensive Plan be the first item on the agenda at the next Council meeting as it has to be adopted before March 18, 1983. o Council concurred with the request. o Jeremy Coursolle noted letter in Council packets and reported on Planning Commission action in response to requests. Mr. & Mrs. Joseph Torres; NPO #5 concern & overall discussion regarding Hall IS Bonita property; Capital Consultants James Crumpacker; Fewer Associates; Equities NW regarding Connies Market; Bob Aungier Realty; and John Ar ,.and regarding zoning designation. o Discussion followed regarding the NPO #5 issue of Hall & Bonita property. Chris Vanderwood discussed and submitted petitions objecting to commercial zoning. Deborah Naubert, NPO #5, 14365 SW 80th Place, testified against a commercial center at Bonita & Hall and encouraged Council to consider a redesignation at this time. o Phil Pasteris, NPO #6, supported NPO #5 position on this issue of commercial development on this property. PAGE 5 - COUNCIL MINUTES - MARCH 7, 1983 o Marve Bowen, representing property owner Dick Fimmel summarized history of the site and is opposed to changing the commercial zoning designation. CLOSE OF NPO #5 TESTIMONY (b) Staff noted they concurred with the Planning Commission vote regarding the site at Bonita & Hall which is that the property not be down zoned. Mayor and Council members discussed the issue indicating the citizens do not want a commercial development but would support medium residential density. Councilor Brian, however, saw no problem with current commercial designation. Marve Bowen commented this is a policy issue that Neighborhood Commercial criteria states 2-acre sites. Richard Fimmel, property owner, spoke in support of zoning, noting this designation is in compliance with the City's previous zoning designations, and he considered this as a long term retirement investment which is finally becoming financially feasible. (c) Consensus of Council was to support residential designation for this parcel and to approve other items as reported by staff. MEETING RECESS AT 10:45 P.M. 14. Council went into Executive Session under ORS 192.660 (1)(f) and (1)(d) to consider issues related to pending litigation and labor issues. 15. MEETING ADJOURNED AT 12:05 A.M. City Recorder ATTEST: J � Mayor (0398A) PAGE 6 - COUNCIL MINUTES - MARCH 7, 1983 - a�aac F Marr: 2 1�g3 } a: E X wish to testify before the Tigard City Council On the following item: (Please print your name) - Item Description: 4.2. COMPREHENSIVE PLAN MAP (NPO #7 to NPO #1) � PUBLIC HEARING nn t oponent (for) O/on rst�eg$,�G�� ���Y �� � •�J� r f -car ae Address and Affiliation 1jame Ad ss ani (0 45115 ffil� x a�l -5 S _o t I a ,2 "cam/ 9 42 Zen2 Xsv .� AW Date 3 I wish to testify before the Tigard City Council on the following iters: (Please print your name) 1� 9 6?yr arc �'1y�_� •T- ions v�c�" G ' I tem Descriptio: Name, Address & Af T _ 5 Lel I �1 �f' a / -7 d' 9 - < �cJ Th•ate/- l sY�! rm�i �C �'�„���T. C t,��� ; y } �' � ( Y �/�.G�✓ _ n/. DC7 f�1� S f! /,r �� � `� C� � �t.✓`�_ �1 CT 7 If i Da to �' t'73 I wish/to testify before tyle Tigard City Council on the following item: (Please/ print your/r name) Name Address & Affiliation Iter Descriptio: ;�,z-�� !` =-4e— � s' r LY RJM�W /� rl ,5,4, _. TO: Mayor and Council Members i _ ssistant FROM: Linda Sargent, Administrative A DATE: March 1, 1983 RE: Letter to Mr. and Mrs . Henry Yohn Per Council ' s directive of August 23 , 1982 , to accept the Park Board' s recommendation to recruit a caretaker for Cook Park, staff has sent the Yohns notice to vacate Cook Park. Staff communicated to the Yohns in September informing them of the City' s plans to recruit a new caretaker. Since Mrs. Yohn was hospitalized in November, the City did not press to remove the Yohns from the park. Mrs. Yohn appears to be recuperating now so that it is timely to act on termination of performing caretaker services. F` CITYOFTIOFARD WASHINGTON COUNTY,OREGON March 1, 1983 MR. AND MRS. HENRY YOHN 17025 S.W. 92nd COOK PARK TIGARD, OREGON 97223 Dear Mr. and Mrs. Yohn: On July 7, 1982, . the City accepted your notice of intent to leave Cook Park and to terminate performance of Caretaker services. This letter will serve as official notice that you have 60 days to vacate Cook Park. Any agreement for your services as Caretaker are terminated. Sincerely, CITY OF TIGARD Linda Sargent, Administrative Assistant LS : dkr CC : City Council HAND DELIVERED 12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 March 3, 1983 MEMORANDUM TO: Mayor and City Council FROM: Frank A. Currie, Public Works Director SUBJECT: Petition of Sanitary Sewer L.Z.D. Attached is a petition for a sanitary sewer local improvement district to serve properties north of Durham Raod between S.W. Hall Blvd. and Fanno Creek. 1 recommend Council accept this petition and direct staff to hold an informal meeting with possible affected property owners and return to Council with a report of the results of the meeting. t ch (0447A) i l� i i s F i f� AME&M�Mrm- 1-3 D.E.BANCROFT R.E. BANCROFT P.E.,P.L.S. F� J.H.S .KRIEG P.L.S. X.R.KRIEGER P.E. R.M.O'BRIEN A.P.A. t N C O R P O R A T E 0 _ T CIVIL ENGINEERS. LAND SURVEYORS&PLANNERS 140 N.E.THIRD AVENUE February 27, 1983 HILLSBORO,OREGON 97123 5031648-4101 Frank Currie, Public Works Director City of Tigard PO. Box 23397 Tigard , Oregon 97223 Subject: Sewer LID Along Durham Road. Dear Frank, Attached are photocopies of,,the signatures for the LID, maps indicating the proposed sewer route and number of property owners signed , and address and phone numbers of the property owners involved. We request that this Lid petition be submitted to the City Council as soon as possible, as we are anxious to get sewer service this summer and begin construction of this housing project this summer. If you have any Questions or comments, please give me a call. t S rely, [ ,T 4. Ryan O'Brien Urban Planner ®lA�ae@�IA�IIAI�IE�dJ�Fil IIA� v a OID� �b � env —7L z a= Y d zpz zz p Q A s p 0� 0< 8� G 8 6 th n CPS ooh r-i�- K; y1HY 'Hnb «iLL ' Q P O C } m e i m d ,A $o- 91 O's Qq O� o o"'• ' rn� N 41IJ _ /�vv i S r. 3 p 6a d wPlO v n+ Q 1� P� d _ cD :;_ go ga dO, d w u. _ � O p ' 6 M„ m ui�5 �N1x`3 ma To: THE- HONORABLE MAYOR ASND CITY UULT44-1-1, City of Tigard Washington County State of Oregon In the Matter of the Improvement) of lands described as : PETITION FOR AND CONSENT TO CREATE A LOCAL IMPROVEMENT DISTRICT (LID) Petitioners hereby request that the hereinbelow described area be improved by creation of an assessment district for the express purpose of TAI?- (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of the indicated property(s) . (2) That the undersigned represent one-halt or more of the affected area as hereinbelow described. (3) That the cost of this improvement to be borne by the benefited properties and in respect thereto respectfully show: That the area proposed to be improved by creation of an assessment district comprises approximately acres , and is legally described hereinbelow (or on the attache sheet marked Exhibit "A" which by reference herein is made a part hereof) : Wherefore, petitioners request that said . lands be improved by creation of as assessment district and that the City Council of the City of Tigard, Oregon,' expedite creation of the same as provided by law. SIGN TJRE ADDRESS MAP a RECORDING TAX LOT A NUMBER �� � tj4 MARL( t 17� /ls; 7Z?3 t 10: city of Tigard Washington County State of Oregon In the rta t ter of the Improvement) of lands described as : PETITION FOR AND CONSENT TO CREATE A LOCAL IMPROVEMENT DISTRICT (LID) Petitioners hereby request that to h erict forntheoexprecribess dparea be improved by creation of an assessment C, 47, (1) That the undersigned is infact the owner(s) or the contract purchaser(s) of the indicated property(s) (2) That the undersignedrepresent one-half or more of the affected area as hereinbelow described. (3) That the cost of this improvement veme t to respectfully me b the benefited properties and in resp That the area proposed to be' improved by creation of an assessment district comprises approximately acres , and is legally described hereinbelow (or on the attac e s Beet marked Exhibit "A" which by reference herein is made a part hereof) : a f . Wherefore, petitioners request -that said lands be improved by creation of x, as assessment district and that the City Council of the City of Tigard, Oregon, a expedite creation of the same as provided by law. ADDRESS MAP a RECORDING SIGNATURE TAX LOT NUMBER Fe } r Q cri MAP Zs/- ILL t To: 'Z Htr HUNUV%jAa L.[, ru-%L%JM L%LJ k,d L L %JVL% i L- Cityof Tigard Washington County State of Oregon In the Matter of the Improvement) of lands described as : ) PETITION FOR AND CONSENT { ) TO CREATE A LOCAL IMPROVEMENT DISTRICT (LID) Petitioners hereby request that the hereinbelow described area be improved by creation of an assessment district for the express purpose of (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of the indicated property(s) . (2) That the undersigned represent one-half or more of the affected area as hereinbelow described. (3) That the cost of this improvement to be borne by the benefited properties and in respect thereto respectfully show: That the area proposed to be improved by creation of an assessment district comprises approximately acres , and is legally described hereinbelow (or on the attached -s-Fe-et marked Exhibit "A" which by reference herein is made a part hereof) : r Wherefore, petitioners request that said . lands be improved by creation of as assessment district and that the City Council of the City of Tigard, Oregon, expedite creation of the same as provided by law. SIGNATURE ADDRESS MAP a RECORDING TAY LOT NUMBER T: 4- (. -) PST-- T_ 7?79 1 1O : City of Tigard Washington County State of Oregon In the I-latter of the Improvement) of lands described as : ) PETITION FOR AND CONSENT TO CREATE A LOCAL C ) IMPROVEMENT DISTRICT (LID) Petition err, hereby request that the hereinbelow described area be improved by creation of an assessment district for the express purpose of (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of the indicated property(s) . (2) That the undersigned represent one-half or more of the affected area as hereinbelow described. (3) That the cost of this improvement to be borne by the benefited properties and in respect thereto respectfully show: That the area proposed to be improved by creation of an assessment district comprises approximately acres , and is legally described hereinbelow (or on the attached sheet marked Exhibit "A" which by reference herein is made a part hereof) : e Wherefore, petitioners request -that said . lands be improved by creation of as assessment district and that the City Council of the City of Tigard, Oregon, expedite creation of the same as provided by law, SIGNATURE ADDRESS MAP a RECORDING TAX LOT A NUMBER LL 2Zd7 7 1 -3r, r -L SCULL MMM MM M l 1U . City of Tigard Washington County State of Oregon In the matter of the Improvement) of lands described as : ) PETITION FOR AND CONSENT TO CREATE A LOCAL { ) IMPROVEMENT DISTRICT (LID) Petitioners hereby request that the hereinbelow described area be improved by creation of an assessment district for the express purpose of (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of the indicated property(s) . (2) That the undersigned represent one-half or more of the affected area as hereinbelow described. (3) That the cost of this improvement to be borne by the benefited properties and in respect thereto respectfully show: That the area proposed to be improved by creation of an assessment district comprises approximately acres , and is legally described hereinbelow (or on the attache s eet marked Exhibit "A" which by reference herein is made a part hereof) : Wherefore, petitioners request that said . lands be improved by creation of as assessment district and that the City Council of the City of Tigard, Oregon, expedite creation of the same as provided by law. SIGN U ADDRESS MAP a RECORDING TAX LOT 14-UMBER in 60 � q7 7z Y -jp : Lt1Lt1VlVV[�a'1U LL C�LVn t1L�L �.fae vvv.•�.��• . City of Tigard Washington County State of Oregon In the clatter of the Improvement of lands described as : PETITION FOR AND CONSENT ) TO CREATE A LOCAL IMPROVEMENT DISTRICT (LID) Petitionets hereby request that to heforntheoexpescribedPareaof by creation oe improved f an assessment dist (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of the indicated property(s) - 2) That the undersigned represent on or more of the affecarea ( the benefited as hereinbelow described. (3) That the cost of this improvement re bectfully show: properties and in respect thereto respectfully all describedr That the area proposed to be improvedab=eSre$nd°is°leg ef an aysessment district comprises approximately which b- reference hereinbelow (or on the h ttac e s eet marked Exhibit A �' herein is made a part s l wherefore, petitioners request that said - lands be improved by creation of as assessment district and that theovidedcbyi'law.cil of .the City of Tigard, Oregon, expedite creation of the same as p RECORDING ADDRESS MAP a NUMBER SIGNATURE TAX LOT 10. lnG nVavVa�ua.v .-.rte.v.. cam.•.. v. . ..., Cityof Tigard Washington County State of Oregon In the rtatter of the Improvement) of lands described as : ) PETITION FOR AND CONSENT TO CREATE A LOCAL (! ) IMPROVEIMENT DISTRICT (LID) Petitioners hereby request that the hereinbelow described area be improved by creation of an assessment district for the express purpose of (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of the indicated property(s) . (2) That the undersigned represent one-half or more of the affected area as hereinbelow described. (3) That the cost of this improvement to be borne by the benefited properties and in respect thereto respectfully shoe: That the area proposed to be improved by creation of an assessment district comprises approximately acres , and is legally described hereinbelow (or on the attached sheet marked Exhibit "A" which by reference herein is made a part hereof) : Wherefore, petitioners request that said . lands be improved by creation of as assessment district and that the City Council of the City of Tigard, Oregon, `: expedite creation of the same as provided by law. SIGNATURE ADDRESS 14AP z RECORDING TAX LOT NUMBER d L ZAZ 2-30o t Arm S z q 02,3 t r 1 lU : 1nr' RVhVa�s�u iv •ar.va. t�s•. �.� . . . City of Tigard 1dashington County State of Oregon In the riatter of the Improvement) of lands described as : ) PETITION FOR AND CONSENT { ) TO CREATE A LOCAL IMPROVEMENT DISTRICT (LID) Petition yrs hereby request that the hereinbelow described area be improved by creation of an assessment district for the express purpose of (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of the indicated property(s) . (2) That the undersigned represent one-half or more of the affected area as hereinbelow described. (3) That the cost of this improvement to be borne by the benefited properties and in respect thereto respectfully show: That the area proposed to be improved by creation of an assessment district comprises approximately acres , and is legally described hereinbelow (or on the attached sheet marked Exhibit "A" which by reference herein is made a part hereof) : Wherefore, petitioners request that said . lands be improved by creation of as assessment district and that the City Council of the City of Tigard, Oregon, expedite creation of the same as provided by law. SIGNATURE ADDRESS MAP 7 RECORDING TAX LOT NUMBER mow. SSSfz<� -71 - 8 ! A ive i_- 12- nit. 2 L? G <;1r ell 4 7 4, 3 i To: jht. HUNUMAOLG CRc�xUM ttiru k..L ► 1 City of Tigard IJashington County State of Oregon n the Matter of the Improvement) of lands described as : ) PETITION FOR AND CONSENT { ) CREATE A LL IMPROVE:4ENT DOISTRICT (LID) Petitioners hereby request that the hereinbelow described area be improved by creation of an assessment district for the express purpose of �U t C� (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of the indicated property(s) . (2) That the undersigned represent one-half or more of the affected area as hereiribelow described. (3) That the cost of this improvement to be borne by the benefited properties and in respect thereto respectfully show: That the area proposed to be improved by creation of an assessment district comprises approximately acres , and is legally described hereinbelow (or on the attache s eet marked Exhibit "A" which by reference herein is made a part hereof) : I Wherefore, petitioners request that said . lands be improved by creation of as assessment district and that the City Council of the City of Tigard, Oregon, expedite creation of the same as provided by law. SIGNATURE ADDRESS IAP 7 RECORDING TAX LOT NUMBER 76 WP 2,5/ -I4-c4 p � CZfC> s _ Lk) - To: '1H.t HUN Uttr�o uG rLt LLjm t%L\L 4.LLL L+V I:L.VLV City of Tigard Washington County State of Oregon n the matter of the Improvement) of lands described as : ) PETITION FOR AND CONSENT TO CREATE A LOCAL IMPROVE:4ENT DISTRICT (LID) Petitioners hereby request that the hereinbelow described area be improved by creation of an assessment district for the express purpose of (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of the indicated property(s) . (2) That the undersigned represent one-half or more of the affected area as hereinbelow described. (3) That the cost of this improvement to be borne by the benefited properties and in respect thereto respectfully show: That the area proposed to be improved by creation of an assessment district comprises approximately acres , and is legally described hereinbelow (or on the attached s eet marked Exhibit "A" which by reference herein is made a part hereof) : l Wherefore, petitioners request that said . iands be improved by creation of as assessment district and that the City Council of the City of Tigard, Oregon, expedite creation of the same as provided by law. SIGNATURE ADDRESS 14 P 7 RECORDING 7 TAX LOT NUMBER GG r � L SZ Fs ..� 2,7,73 4 i f DURHAM, ROAD SEWER LID KAP NO. TAX IAT NAME AND ADDRESS PHONE NO. TRUE MARKET VALUE 2Sl. 12DC Elmer & Ellen Schreiner 639-2288 TL 1400 15715 S. W. 74th Avenue, Tigard Y149,3o0.0O { Elmer & Ellen Schreiner 639-2288 TL 1500 $108 100.00 15715 S. W. 74th Avenue, Tigard TL 1600 John & Margaret Bowles 638-9132 $100900.00 15575 S. W. 74th Avenue, Tigard ' 2S1-13A John & Janice Duncan $261,400.00 TL 1500 16055 S. W. 74th Avenue, Tigard 66 2S1-12C Irvin & Christine Black 39- 93 TL 3900 15580 S. W. Hall, Tigard $ 78,600.00 TL 4002 Irvin & Christine Black 639-4936 15580 S. W. Hall, Tigard $ °8�-� Ti µ:; John & Margie =tassel 639-7568 200.00 10115 S. W. Wti,nut, Tigard 5 7' TL 4oG4 Ralph & Mary Ann Diehl 639-3725 8340 S. W. Dorburn Place, Tigard 5 7,200.00 1, -+1C_. Ral--.r & Wary „nn D_ehl 6?>-3?25 8340 T rd S 96,3 -�- ;,. W. Dcr:.urr. glace, is .F. 63�-3725 TL 420. Rai pb & Mary Ann Diehl t 83+0 S. w. Dorc•urr: Flace, Tigard $ +7, "} ^6b 0,7 Dorothy fi E+a-joie A. Gage 2L4-14?'_ Dorothy- fly ��'� TL 4J`� -• l.i G. Kl:.r :t -30..0 S. 54th, Fortlanc? y 39,4CrD.C�O ih. TL 4400 Gilbert & Marguerite Sterner 639-2�:4 s 54,100.00 15740 S. W. Hall, Tigard TL 4500 Gilbert & Marguerite Sterner 639-2374 15740 S. W. hall, Tigard $ 89'700'00 John & Ma^sie HaSsel 639-756" i $ 71,2O0.0v l: y15 S. 'a. Wain-at, Tigarc TL 4701) Valeria Addd-igton $ 60,400.00 846mo S. W. Durham Road, Tigard TL 4701 Richard Fi:tt.-nel 254-2794 8901 N. E. Halsey, Portland $ °�'� TL 4800 Berniece Taylor Hayman Q c/o Charles Lolling al-c $ 82,4Q0.00 9720 S. W. Frewing, Tigard Durham Road Sewer LID PAGE 2 MAP NO. TAX IAT NAME AND ADDRESS` PHONE NO. TRUE MARKET VALUE 251-12C Continued C IV1�`^r TL 4900 Larry Wells g ' 3 Z 2 7�} 638-6212 c/o Ke Harin�s 8 - alatj rf, Onego. 9?OE2 6 46+300-00 TL 4901 Larry Wells 638-6212 13100 S. W. Westfall Road Sherwood, Oregon 97140 6 55,300.00 TL 5000 Wayne & Blance Poage 8255 S. W. Durham ' o. F, 74,10 .00 Tigard, Oregon` TL 5100 W. L. & Bertina Sawyer c/o Robert & Nancy Boone & Pauline Cuddy & Eugene Molinaro P. O. Box 938 Beaverton, Oregon 97075 5115,700.00 (8175 S. D,_,,:-iam Road) TL 52:Ki Edward & Viola Cotter 639-24C7 8C65 S. W. Durham ::card, Oregon S 79,900_00 'T'L "D^ '-Iar_on. & Bettle Goble Uniistec S. W. Durham S 72,300.00 Ti ward, Oregon - C25-70-20 T 4`w^ -rnoid it Vella Mic� ae1son c;"o Gec.r.e & Barbara Yoch 4k-C E. Div---;on St. Sherwood, Oregon 97140 5 7,200.00 TL 2200 Dale Schoewe 639-5648 7925 S. W. Durham Road Tigard, Oregon 70,200.00 TL 2203 William & Arla Scott 639-4799 +255 S. .4. Inez Tigard, Orf-g-on b 25,700.O1i TL 2300 Frances Tousey 639-2322 1466o S. w. 89th Tigard, Oregon $ 96,E-o TL 2301 G. Ray & Marian Scott 639-3622 7975 S- W. Durh,!n Road Tigard, Oregon S 99,300-00 TL 2400 Robert & Joan Driesner 639-3483 15685 S. W. ?9th i.. - Tigard, Oregon 91,700.00 Amm Durham Road Sewer LID PAGE 3 MAP NO. TAX LOT NAME AND ADDRESS PHONE NO. TRUE MARKET VALUE 2S1-12C Continued TL 2500 Edward & Ann Messinger 639-9581 (NEW 3900) 15565 S. W. 79th 2S1-12CA Tigard, Oregon S 82,600.00 TL 2600 Franc & Rebecca Earhart 620-5176 (NEW 4000) 15545 S. W. 79th 2S1-12CA Tigard, Oregon 5 62,700.00 TL 300 Neva Elliott & John Williamson & Marvin Smith 517 Corbett Building Portland, Oregon 97204 $ 36,900.0 TL 400 Knauss Chevrolet Co. 639-1166 3.1880 S. W. Pacific Highway Tigard , Oregon r� A 5 38,100.00 Ti- 50C john C:• Anne Schwartz 6.3r-28'92 15;0;. S. 1r . 76th T;,ra-C, Ti Donna Boumar, �5n4p s.w. 76th B30'.Go , TL 700 Jo%:n e M;a—d,elozn -Havery lj Ti ar. Oreton $ .�0'600.uo TL 70r.. n« t k :c.=e R:vr� X35-;036 TL 800 Paul & Kenneth & 620-5646 Wesley Heedon c/o Conrad & Ethelyn Sproul 1588o s. w. 79th Tigard, Oregon S 32,80.0.00 TL 900e -1- c .....idt 639-:67 51 :.,aw_•Win-•_ °� Mary Tigard, Oregon S 82,000.00 TL 10C<3 Gary Fre ' 539-2935 15(85 S. *Y-'. 76th Oregon 80,000.00 e. rd, Orego TL 1100 John & Naomi Loewer 639-<,L47 C (rind 600) 12020 S.W. 122nd Ct. 2S1-12CA Tigard, Oregon 97223 S 19,300-00 TL 1101 John & Naomi Loewer 639-6447 (NDd 700) 12020 S.W. 122nd Ct. 2c1-12CA Tigard, Oregon 97223 S 18,300.00 Durham Road Sewer LID PAGE 4 MAP NO. TAX IAT NAME AMID ADDRESS PHONE NO. TRUE MARKET VALUE 251-120 Continued TL 1700 Joan & Walter Brooks 639-3228 (NEW 3800) 15570 S. W. 79th 251-12CA Tigard, Oregon 8 70,700.00 TL 1701 Joan & Walter Brooks 639-3228 (NEW 3700) 15570 S. W. 79th 251-12CA Tigard, Oregon $ 30,000.00 TL 1800 Frank & Erika Raab 639-0135 15630 S. W. 79th Tigard, Oregon $ 30,000.00 TL 1801 Frank & Erika Raab 639-0135 1563o S. W. 79th Tigard, Oregon slo6,800.00 TL 1C:D0 Tt_ori8 & Leth;:: _ -.anton 620-4507 15:40 S. W, 7 to Tigard, Ore on 5 61,400.00 TL _ ._1 Tho: ar F I,et'h ::tar.ton 620-4607 15740 -0- ,Y. 79'.. Tigard, OregonV T1 ''�� , Paul & Kennet; & ri :e: Heedon - c/o Co r�. :thelyn Snrcui 15880 S. W. 7;4tn Tigard, _rezor. 5 7 °OO.CiO 7735 S. W. D';r a^ Rcad Tigard, Oregon 5 91,500.00 251-13B TL 100 Kenneth & Delores Weber 625-7045 c/o David & Dianne Metzger Route 4, Box 2670 Sherwood, $ 48,6:x0.00 TL 101 Ralph & Ma. , i,t._'r.ee 7910 S. W. Durham Tigard, Oregon 5 84,700.00 TL 20-3 Harold Ha:nbac:- c/o :liz-abe_h Hamba_k Li `e rsta-e 7630 S. W. Durham Tigard, Oregon 6 88,300.00 TL 300 Durham School Dist. No. 82 Non-Assessable ( (Tigard School Dist. No.23) 684-2181 Durham Road Sewer LID PAGE 5 MAP NO. TAX LOT NAME AND ADDRESS PHONE NO. TRUE MARKET VALUE 251-13B (Continued) TL 400 Harold & Florence Edwards 639-2356 8100 S. W. Durham Tigard, Oregon S 76,600.00 TL 500 Donald & Joan Moore 639-2327 8170 S. W. Durham Tigard, Oregon S 68,700.00 TL 600 Oregon Electric Railway Co. and LSA Non-Assessable (B,-rlington Northern, Inc.) 241-6300 a, y MEMORANDUM March 2, 1983 TO: City Administrator/City Council FROM: Chief of Police SUBJECT: O.L.C.C. License Renewals RE: *RMB - DeCICCO'S OLD COUNTRY PIZZA 12122 S.W. Scholls Ferry Road, Tigard, OR. 97223 Sir: It is recommended that the above named business license renewal request be approved, and forwarded to O.L.C.C. The status of the application and ownership remains the same. Respectfully, R Adams Chief of Police RBA:ac Retail Malt Beverage = RNIB i it t rJE a,s C11YOF TIGA WASHINGTON COUNTY,OREGON MEMO TO: Honorable Mayor & City Council City Attorney FROM: Frank Currie, Public Works Director SUBJECT: Standard permit from SPTC for 8" s 'tart' sewer crossing on SW 72nd Avenue. Attached is a standard permit for an 8" sewer line crossing of ,the SPTC (Southern Pacific Transportation Company) railroad. This sanitary sewer extension will serve property owned by S.P. I .D.C. (Southern Pacific Industrial Development Co. ) and will be specifically added to their assessment as part of the 72nd Avenue LID # 22 project. I recommend council authorization for the Mayor and City Recorder to sign this spermit. P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 4 r DE HAAS & ASSOCIATES, INC. CONSULTING ENGINEERS&SURVEYORS SUITE 445-AGC CENTER WILSONVILLE, OREGON 97070 9450 S.W. COMMERCE CIRCLE (503) 682-2450 February 16, 1983 RECEIVED FEB 22'41983 OF TIGARO Mr. Frank A. Currie, P.E. CITY- Director of Public Works City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Dear Frank: I have reviewed with Dwayne Moore your concerns about the verbiage of the permit from S.P.T.C. for crossing under the spur tracks as related to the extension of sanitary sewers to serve Ident 36 of the 72nd Avenue project (see our transmittal letter of January 28, 1983) . Recall that all cost of the proposed sanitary sewer extension to serve Ident 36 is to be assessed to Ident 36 (S.P.I .D.C. ) as a part of the overall 72nd Avenue LID project. Your concern was that Section 9 states that the Grantee pay any costs that may be assessed against the Railroad and that the verbiage of Section 12 might be interpreted to include S.P.I .D.C, under the umbrella of "Railroad". In researching the agreement document, we find the opening paragraph to state----SOUTHERN PACIFIC TRANSPORTATION COMPANY----herein termed "Railroad"----. When Section 9 uses the term "Railroad" it should, then, be interpreted to mean SOUTHERN PACIFIC TRANSPORTATION COMPANY. The expansion of the word "Railroad" in Section 12 appears to be exclu- sive to that section only, as evidenced by the phrase 'The word "Railroad", as used in this section' . Dwayne Moore tells us this is the interpretation of the S.P.T.C. people in Portland. If you concur, I would suggest you proceed as outline in our letter of January 28, 1983 and as an additional assurance, attach a cover letter from the City citing the interpretation we have suggested. Mr. Frank A. Currie, P.E. City of Tigard February 16, 1983 Page 2 Dwayne Moore tells me that any change in the original agreement would cause the process to go back to San Francisco. Sincerely, MARLIN J. DE A P.E. MJD/slc cc: 82.323.194 i DE HAAS & ASSOCIATES, INC. CONSULTING ENGINEERS & SURVEYORS SUITE 445-AGC CENTER WII.SONVILLE. OREGON 97070 9450 S.W. COMMERCE CIRCLE (503) 682-2450 January 28, 1983 Frank A. Currie, P.E. Director of Public Works City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Dear Frank: Attached for your review and approval are two (2) copies of the pre- liminary plans for extension of sanitary sewers on the 72nd Avenue to the S.P.I .D.C. property (Ident 36). Also attached is a transmittal letter and two copies of the permit from S.P.T.C. for crossing under the spur tracks. Would you please effect the following: 1. Have the Council pass a resolution authorizing execution of the documents. 2. Have the documents executed and notarized. 3. Return the executed copy marked "RR" to us with a copy of the signed Council resolution. We will then transmit the documents to S.P.T.C. , complete the plans for the crossing underneath the tracks in accordance with S.P.T.C. standards, incorporate the standards into the construction documents and administer all the conditions of the permit during construction. Sincerely MARLIN J. DE HAAS, P.E. MJD/slc Attachments cc: 82.323.194 1 Eli I ScWthem ecffic Transportation Company Room 251-N Union Station • 800 Northwest Sixth Avenue Portland,Oregon 97209 ` N"" iV Yfi January 26, 1983 PERIRINTENDENT IN REPLY PLGGE RESER TO R.1.MELSO EDeed 62108 Ai.STANT SUPERINTENDNT T.Y.RUSSELL (Tigard) ASSISTANT SU►ERINTL'NDENT J.W.FERGUSON REGIOMAL ENGINEER R.A.ENGELSERT AREA ENGINEER City of Tigard P. 0. Box 23397 Tigard, Oregon 97223 Gentlemen: Enclosed are duplicate counterparts of Deed 62108 covering the construction, maintenance and operation of an 8" sewer pipeline at Pile Post FD749.43-X-N, Tigard. If satisfactory please si-n and return copy marked ('�'RtV to this office. Please notify our Office Engineer at 228-8181 extension 305, so that we may schedule an Engineer Inspector to be present. An Engineer Inspector, per agreement, must be present while you are on our property. The earliest possible notice will allow us to manage this requirement efficiently for your benefit as well as ours. Yours truly, i 1 LII KJ — V-L RECORDING REQUESTED BY Name AND WHEN RECORDED MAIL TO I ALSO A SS:GNF_D ED ED pss LEASE s� City AUDIT NO. ._�_L_L-_[... _8-_------ State L Zip SPACE ABOVE THIS LINE FOR RECORDER'S USE RELMIS: FD-749 . 43-X(N) i THIS INDENTURE, made this 7AI day of . 1983 01by and between SOUTHERN PACIFIC TRANSPORTAT COMPANY,�aDelaware corporation, herein termed "Railroad, " and CITY OF TIGARD, a municipal corporation of the State of Oregon, address: P. O. Box 23397 , Tigard, Oregon 97223, herein termed "Grantee" ; WITNESSETH: 1. That Railroad hereby grants to Grantee, subject to the reserva- tions, covenants and conditions herein contained, the right to construct, reconstruct, maintain and operate an eight (8) inch sewer pipeline, here- inafter termed "structure, " in, upon, along, across and beneath the i property and tracks of Railroad, at or near Cook (Tigard) , in the County of Washington, State of Oregon, crossing the center line of said tracks at Engineer' s 327+10, Mile Post 749.43 , in the location shown on the print of Railroad' s Shasta Region Drawing No. L-5400-A dated November 30, 1982, attached and made a part hereof. Said structure shall be installed in accordance with minim-am require- ments of Form C. S. 1741, also attached and made a part hereof. i 1 I i I i E i Form C-1 July, 1982 2. Project markers in form and size satisfactory to Railroad , identifying the facility and its owner, will be installed and con- stantly maintained by and at the expense of Grantee at Railroad property lines or such locations as Railroad shall approve. Such markers shall be relocated or removed upon request of Railroad with- out expense to Railroad. Absence of markers does not constitute a warranty by Railroad of no subsurface installations. 3. This grant is made subject- and subordinate to the prior and continuing right and obligation of Railroad, its successors and assigns , to use all the property described herein in the performance of its duty as a common carrier, and there is reserved unto Railroad, its successors and assigns; the right (consistent with the rights herein granted) to construct, reconstruct, maintain and use existing and future railroad tracks, facilities and appurtenances and existing and future transporta- tion, communication and pipeline facilities and appurtenances in, upon, over, under, across and along said property. 4. This grant is lade subject to all licenses , leases , easements , restrictions , conditions , covenants , encumbrances , liens and claims of title which may affect said property and the word "grant, " as used here- in, shall not be construed as a covenant against the existence of any thereof. 5. The rights herein granted to Grantee shall lapse and become void if the construction of said structure upon said property is not commenced within one (1) year from the date first herein written. 6. Grantee shall bear the entire cost and expense of constructing, reconstructing and maintaining said structure upon said property. Grantee agrees that all work upon or in connection with said structure shall be done at such times and in such manner as not to interfere in any way whatsoever with the operations of Railroad. The plans for and the con- struction or reconstruction of said structure shall be subject to tra approval of Railroad. Grantee agrees to reimburse Railroad for the cost and expense to Railroad of furnishing any materials or performing any labor in connec- tion with the construction, reconstruction, maintenance and removal of said structure, including, but not limited to, the installation and removal of such falsework and other protection beneath or along Railroad' s tracks, and the furnishing of such watchmen, flagmen and inspectors as Railroad deems necessary. 7 . In the event Railroad shall at any time so require, Grantee, at Grantee' s expense, shall reconstruct, alter, makes changes in the loca- tion of said structure or otherwise improve said structure upon receipt of written notice from Railroad so to do. { -2- Form C-1 July, 1982 8. Grantee shall, at its expense, comply with all applicable laws , regulations , rules and orders , regardless of when they become or became effective, including without limitation those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality, and furnish satisfactory evidence of such compliance upon re- quest of Railroad. Should any discharge, leakage, spillage, emission, or pollution of any type occur upon or from the premises due to Grantee' s use and occu- pancy thereof, Grantee, at its expense, shall be obligated to clean the premises to the satisfaction of Railroad and any governmental body having jurisdiction thereover. Grantee agrees to indemnify, hold harmless and defend Railroad against all liability, cost and expense (including without limitation any fines , penalties, judgments , litigation costs and attornev fees) incurred by Railroad as a result of Grantee' s breach of this section, or as a result of any such discharge, leakage, spillage, emission or pollution, regard- less of whether such liability, cost or expense arises during the life of this indenture unless such liability, cost or expense is proximately caused solely by the active negligence of Railroad. 9 . As part consideration, Grantee agrees to pay Railroad an amount ts which may be levied by order of any equal to any and all assessmen authorized lawful body against the property of Railroad (and which may have been paid by Railroad) to defray any part of the cost or expense incurred in connection with the construction of said structure upon said property commenced within one (1) year from the date first herein written_. 10. Grantee, its agents and employees subject to provisions hereof, shall have the privilege of entry on said property for the purpose of constructing, reconstructing, maintaining and making necessary repairs said structure. Grantee agrees to give Railroad five (5) days' ten notice prior to commencement of any work on said structure, except emergency repairs, in which event Grantee shall notify Railroad' s author- ized representative by phone. Grantee agrees to' keep said property and said structure in good and safe condition, free from waste, so far as affected by Grantee' s operations , to the satisfaction of Railroad. if Grantee ails to keep said property and said structure in a good and safe condition, free from waste, then Railroad may perform the necessary work at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon_ demand. 11. In the event any work upon or in connection with said structure or its appurtenances , to be done upon or adjacent to the tracks and prop- erty of Railroad, should be let to a contractor by Grantee, such work shall not be begun until such contractor shall have first entered into an agreement with Railroad, satisfactory to Railroad, and indemnifying Railroad from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. -3- I Form C-1 July, 1982 12. Insofar as it lawfully may, Grantee agrees to release and in- demnify Railroad, its officers , employees , agents , successors and assigns , from all claims , liability, cost and expense howsoever same may be caused, including reasonable attorney fees, for loss of or damage to property and for injuries to or death of persons arising out of the construction, reconstruction, maintenance, presence, usenegligence or removal loof said structure, regardless of any negligence alleged the part of Railroad employees . The word "Railroad, " as used in this section, shall be construed to include, in addition to Railroad, the successors , assigns and affili- ated companies of Railroad and any other railroad company that may be lawfully operating upon and over the tracks crossing or adjacent to said structure, and the officers and employees thereof. i 13. Should Grantee, its successors or assigns , at any time abandon the use of said property, or any part thereof, or fail at any time to use the same for the purpose contemplated herein for a continuous period of one (1) year, the right hereby given shall cease to the extent of the use so abandoned or discontinued, and Railroad shall at once have the right, in addition to, but not in qualification of, the rights herein- above reserved, to resume exclusive possession of said property or the part thereof the use of which is so discontinued or abandoned. Upon termination of the rights and privileges hereby granted, Gran- tee, at its own cost and expense, agrees to remove said structure from said property and restore said property as nearly as practicable to the same state and condition in which it existed prior to the construction of said structure. Should Grantee in such evert fail, neglect or refuse to remove said structure and restore said property, such removal and restoration may be performed by Railroad, at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand, or Railroad may, at its option, assume ownership of said structure. 14. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. SOUTHERN PACIFIC TRANSPORTATION CITY OF TIGARD, COMPANY, By �� B y ��1� Manager, Dept, Mayor 44 Attest: } / ��!^^ Cli _ By Assistant Secretary Clerk -4- i v01 jN' O" Ln O I I m �Q Jo U-) !v - T i ani a nP (n i O' WI I O -i %moi � W CD I I CI W / z N J v / N I o Ir cra o ' U w z o W 0 � N o LSI 3 N Y fit/ t\ W = 3 co v J Q Q < I I w M ¢ w Y oLOi En Z! a HCL v ! .0 I O C' I s C C i m _ U Y O �2I :2 ,� m •�• ,-� I I ,o z- <" _ m me <c E- W co J N q 3 '� E O d _ o n * w CL E t- ] O in 41 1-4 qnO o N W �U ` I vY rm aci co L)w H ai'Oyy0r�.°o tSn Cl) 41 O m m U U O coQo > c c °d - E- d � oO n H c- A o 0 CL c¢r0cai U s o; a� o > teQ d v� i d o a c all 0 p O X J C 0 41 ¢1 Y O Car WU U 41 I~ rJ (U. 0 m o. 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IL- oll DE + ,' n. � Z •i �n_c cO eo ci ==O O��¢cV OO O4 Em V 1 VV _ •. ,u. `,i'' a' ., u o .n -Z o V � • W 4i 4 N '� � .. n. •'^ '^v•.o` o,3. leI`o c x o u 4~ y '`e� �•� J�2 �3a ZO r' �S CITY OF TIGARD, OREGON CITY OF TIGA RD WASHINGTON COUNTY.OREGON MANAGEMENT and PROFESSIONAL EMPLOYEE PERFORMANCE REVIEW E,'.I PLOY EE BOB JEAN DATE MARCH 21, 1983 7,C'S 7 T 1 C,N CITY ADMINISTRATOR REVIE1.,; PERIOD 9/82 2/83 -CITY ADMINISTRATION___- LAST REVIEW 8/82 $40,000/ye-ar— TVPE OF CURRENT REVIEW: PROBATION ANNUAL PROGRESS xxx MAJOR GOALS/PROJECTS FROM LAST REVIEW: SATISFACTORY COMPLETION o Management Team & Communications o Departmental Performance Evaluations o Space Needs II . o LID Policy and Code Amendment o Ongoing Role of NPO's, Boards & Committees o CATV Reports & Progress o Parks and Open Space Reports and Presentations o Policy Options c 72nd LID Progress o Water Study a Union Contracts c Comprehensive Plan o Codes Enforcement Downtown Plan & Implementation Strategy o Economic Development Strategy o Cost Containment (Legas Fees esp.) o Other Projects as Needed ESTABLISHED PERFORMANCE DIMENSIONS: (CIRCLE) (!=Unsatisfactory; 2=Needs Improvement; 3=Satisfactory; 4=Good; S=Excellent) • Oral communications 1 - 2 - 3 - 4 - 5 • Written communications 1 - 2 - 3 - 4 - 5 • Leadership/initiative 1 - 2 - 3 - 4 - 5 0 Problem solving/decision making 1 - 2 - 3 - 4 - 5 0 innovation/ingenuity/creativity 1 - 2 - 3 - 4 - 5 0 Planning/organizing 1 - 2 - 3 - 4 - 5 0 Interpersonal sensitivity 1 - 2 - 3 - 4 - 5 0 Management control 1 2 - 3 - 4 - 5 0 Adaptability/flexibility/stress tolerance 1 2 - 3 - 4 - 5 0 Resource utilization/economy 1 2 - 3 - 4 - 5 0 Council Relations 1 2 - 3 - 4 - 5 0 1 2 - 3 - 4 - 5 NOTES ON STRENGTHS AND WEAKNESSES: ---i;a� - --OFFICE USE ONLY -------------------------------- ------------------------------------ -------------------------------- EPR COMPLETED PAF COMPLETED NEXT REVIEW DATE EPR RET DATE PAF PIP C. S. & G. DATE EPR PI SIGNATURE ) 3. EMPLOYEE TRAINING/SELF DEVELOPMENT -- LAST REVIEW PERIOD: o LOC Conference o Area Managers Meetings o LGPI Seminars on Personnel Administration & Labor Relations o Purchasing Seminar o PBO Seminar o Planner's conference 4. EMPLOYEE TRAINING/PLANS FOR IMPROVEMENT -- NEXT REVIEW PERIOD: o Spring Oregon/Washington Manager's Conference 5. MAJOR GOALS/PROJECTS FOR NEXT REVIEW PERIOD: 0 0 0 0 0 0 0 G O O O O O O O 6. SUPERVISOR'S HELP NEEDED: 7. GENERAL COMMENTS (EMPLOYEE OR SUPERVISOR) : 8. ACTION RECOMMENDED -- Progress review for coaching purposes only.. . ------------------------------- NEXT ---------------------- NEXT REVIEW DATE 8/83 ACTION APPROVED: RteI VTEW i i i i EMPLOYEE (Signature/Date) i i i REVIEWER (Signature/Date) i i i i i i DEPT. HEAD OK (Signature/Date) APPROVED BT CITY ADMINISTRAsOIt i (Signature/Date) e March 2, 1983 MEMORANDUM TO: Mayor & City Council PROM: Bob Jean, City Administrator SUBJECT: City Administration Annual Re r The City Administration Annual Report had been tentatively set for this evening. Due to the ongoing nature and higher priority of Budget, Comprehensive Plan, Labor Relations, other work programs and the length of Council agendas, I reset this report to next month. An update on significant issues will still be presented to the Council/Budget Committee yet this month. pm (0458A) Invest - A - Venture, Inc. MAR 2 19M 4382 45 th Ave. NE Salem, Oregon 97305 (503) 393-4968 February 25, 1983 Mr. Robert Jean City Administrator City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Dear Mr. Jean: 3 This letter is to express concern over the long delay that is taking place same we with regard to the zone change in nith vo0te4inrf avorAoftaetime, commercial zone t. also want to urge t he city for the NPO 4 area. itOf If we are to proceed with a family entertainment cenneoW ownedfor hbycMry Alex Tigard, a commercial zone is needed on the property Finke. We have purchased this property, subject to those conditions One of tose needed that will allow our andJiftthe timeuframentakesr uch� longer, wehwill conditions needed is have to withdraw from the area because of the cost over-run being create by the delay thus f ar. The center, (Fort Enchantment) will include two olfoutside rse1forhole allminiature use. golf course and one inside 18 hole miniature ger Water slides that will convert to bob-sledruns ansn the winterand, a augame boat pond, an animated stage show, a g shop, room is also plelnchairslandlbabylstrollersaasswe,wantethis,operation to be accommodate whe a place for the entire family. No school age youth will be allowed at the center during school hours or guardian. No one will be allowed unless they are with a parent unchanw how at the center with alcohol or dr slac .forFort Eletef amilyentertainment. place for the Northwest and a pe At this time, no family entertainment center of this type is in o ;eration in the Northwest. almost every other area in the United States havendicatone have i or more. We have been in cnnfficial ' s are in total agreement with several , and areement as to the their local police and city obeen told that teen age crime has enjoyment they produce. We have also been reduced because the youth have a place to spend their free time. Invest - A - Venture, Inc. 4382 45 th Ave. NE Salem, Oregon 97305 (503) 393-4968 Mr. Robert Jean City of Tigard Pa-,=! 2 We will start with ten employee' s for the first year, and all but one of them will be from the local area. A movie, a skating rink, a manufacturing company, or any timed event, has a problem with traffic at the end of the event. We will not have this type of problem since none of our features are timed. People wall be coming to and from the center during our open hours with no set time for a traffic dump. During the week, our attendance will pickup after dinner. Sometime between 6:00 pm to 7:00 pm. On weekends and holiday' s, our attendance will start increasing around 2:00 pm. The worst case traffic problem we would create is on a warm summer weekend night at 10:00 pm when we close. We are also using one of the owners of a family recreation center in Orem, Utah to help with our design and with the forming of policy. This center has been in operation for sixteen years and has a absolute record with the city of Orem. This year, they started a major expansion and the city official ' s were eager to help. I have lived in Tigard for seventeen years. I have placed three children through the Tigard High School and have one in Jr. High at this time. I, like lannedumanner.deAt this stime, thedonly entertainment and want to see ,werhaard veoother row in al in than P a movie requires some travel . We can provide jobs, we can help with the city economy, we can bring people from other cities to Tigard to shop, and we can provide families with good clean wholesome fun. It is your decision. Very truly yours Merrill K. Haddon Secretary/Treasurer TO: Bob Jean, City Administrator FROM: William A. Monahan, Director of Planning & Development DATE: February 28, 1983 RE: Inquiries by Councillor Ima Scott At your request, I have reviewed the status of the Plaid Pantry building permit for store number 19 on S.W. Hall Blvd. at the corner of S.W. Durham Road. I have considered the issue of standards to be applied to the location of satellite dishes used for the reception of Television signals. Plaid Pantry - The Site Design Review for Plaid Pantry was issued on January 20, 10b3, approving SDR 26-82 with the following conditions: I . All public improvements shall be made in accordance with plans approved by the City's Engineering Division. A bond shall be posted for 100% of the cost of the improvements prior to issuance of Building Permits. 2. A street opening permit shall be required to tap into the sewer line in the public right-of-way. A bond for 100% of the cost of connecting the sewer line shall be posted with the City of Tigard prior to issuance of Building Permits. In addition, the Engineering Division shall inspect the sewer line connection prior to the line being covered. 3. A site drainage plan showing finished floor elevations shall be submitted to and approved by the City of Tigard Engineering Division prior to the issuance of a Building Permits. 4. An irrigation plan shall be submitted to and approved by the City of Tigard Planning Division prior to the issuance of Building Permits. The applicant has accepted and met all of the above conditions. On Wednesday, February 23, 1983 a building permit was issued to the applicant and c.on ruction initiated. Satellite Dishes The issue of municipal standard relative to the placement of satellite dishes and other signal receiving devices on private property is an area which will require additional analysis. We will work in this area prior to the review of Tigard's draft Community Development Code. At present there are no restrictions which dictate where a dish may be placed on an individual's property. t q r C M E M O R A N D U M TO: BRAD ROAST, TMEA PRESIDENT and JIM CALL, TPOA PRESIDENT FROM: BOB JEAN, CITY ADMINISTRATOR DATE: MARCH 3 , 1983 �I SUBJECT: BUDGET ISSUES FOR FY 1983-84 Councilor Ima Scott has asked that the attached suggestions be discussed by the Budget Committee, and also that copies be forwarded to the Union. These are Budgetary issues only. ANY discussions of these issues affecting the Union contract or its members rights under the contract will be brought up at the bargaining table . Any informal contacts by anyone other than my-self or the City ' s bargaining team are informal and do not represent the City ' s policy or position regarding our collective bargaining agreements . Please feel free to contact either me or Linda Sargent with any further questions in this regard. 2WJ : dkr Attachment FROM - COUNCILWOMAN IMA SCOTT SUGGESTIONS 1 . Freeze wages for all employees, including management. 2. Freeze all new hires for one year. 3 . Review expense accounts for possible reductions. 4.. Cost on seminars. 5. No purchase of new equipment over $100.00 for one year unless approved by city council. ( small and large equipment) 6. Check difference in cost for $50.00 deductible or $100.00 deductible on health insurance. 7. Management objective - Each department head have a cost reduction goal. 8. Outside consultants - Staff 'should perform more of these tasks. r 9. Attorney fees - Row many depts, have attorneys at their disposal? 10. L.I.D. 'S - Staff needs to perform other than contracting out. 11 . Cut dues and subscriptions to a minimum. 12. Limit out of area travel. er✓� CWY,i M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: JOY MARTIN, ADMINISTRATIVE ASSISTANT DATE: MARCH 2, 1983 SUBJECT: DRAFT CITY POLICY FOR INITIATION OF LID'S ISSUE In both 1982 and 1983 Council assigned a priority of 3.5 to Local Improvement Districts (LID's). The establishment of LID's provide benefits to the property and to the City as a whole; however, it often involves large investment of time and money to follow the process. The process ensures the LID will benefit both the City and property owner upon completion. The first step in streamlining the process and minimizing the time involved is to establish policy which will provide direction to both property owners and staff and will minimize the range of unnecessary discretionary decisions. The purpose of tonight's discussion is to review and revise where agreed policy for the first step in the LID process, initiation. BACKGROUND During 1982 Council discussed various issues related to LID policy. The attached proposal is an accumulation of these discussions plus input from members of staff who are involved in the LID process. It is also written to be consistent with decisions regarding the Comprehensive Plan. During the past year 12 projects have gone out for bid. The length of time from the petition to the bid has ranged from 6 to 18 months. At least one petition was determined ineligible. Delays are caused for many reasons, however, if some clear guidelines from Council (a) will help property owners in meeting requirements, (b) help staff in preparing LID's and responding to requests, and (c) help Council in making decisions about each LID. Tonight's discussion on the initiation element will begin to set the general framework and philosophy of Council. The remaining elements will be brought to Council ac a later date. JM : dkr f Attachments -C M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: JOY MARTIN, ADMINISTRATIVE ASSISTANT s DATE: MARCH 7, 1983 t. SUBJECT: LID POLICY DISCUSSION -- INFORMATION TO BE INSERTED AFTER II b. IN TABLE The proposed development which the LID will serve must meet the following k criteria before the City will approve the LID: o purchase of land or option o economic feasibility study on projects over $100,000 o preliminary architectural design o commitment letters for financing o evidence of proposed equity o evidence that project cannot proceed without City participation through bonding capacity or share of costs in public improvements o leverage ratio: public improvement dollars to private dollars o jobs per public improvement dollar o project schedule a None of these factors is decisive but all must be weighed and must be addressed in Council resolution initiating an LID under this policy. i JM dkr s i t t s t k t Si F pi t j� t i t s i i { i t `I. f f O u O 6 m O O i u C� 6 L 0 o u F e Y >,c V w b V U 0 o m c > ad q J m o 6 u o 0 m L C �• m T C i y 6 v a m o O q �• V 7 J � y H r O i w M u m ee V U O Y r u O y Y \ m O �o _ p .. u j" •a o m u u �11 0 v " m u z c e i o g n \ + 8 im o u n f s a n r Y '0 5 a a m L o ,m,u c c Y V L•r •r d q i _ 6 L O.0 O O p fi O L Y �'t 1 V O r V : y C d \ L O •w j 6 "" > �' L u u ~ [� y v d m•+q O. > i � r ��...•� \ Ju v i c � r.L. ya �.v a i yN a vuie .. q w b L O m a M i Y L u ti u Y u u u u Y L O M 6L u u..Li M W ~ Y C C 6 Y O u m•,�q'O L C N m O O O O O' m m d y 0 0 Y O y Leo m O Y i C 6W m L V O 0 ° d M•V \ V y u O J O .• O V 0 0 0 e0 O v ei v O y m 0 >.w L 0 O Q C q u L y u•q..Oi .Oi 6"� .+ U O..Oi .Y O J y v ••pi C L C 6 0 u u u u C 6 C u C C C C u L t Y Y u V V•V•+ YV~ 9 {1 ti Y b u'u y L J b ee 4 u V V g Y i V \ y Y \ Y.w-, e4 u W u 0 .Yi b d w ° c .°i 75 o d > ed Y V V 6 > O u\ qy ! m O u C C P V C em tiq Ylo 1 W a g L u y 0 O.r L 4 T O u u u u Q m u u V C y... Y V U Y•,Li 7 U w B Y y ° ° V u u O q Y � Y Y••� Y Y V Y Y Y N L 0 q 6 j Y i u ••• .... v v v v Li \ \ Y Y , . O a• V q Np � C Y r �W \d Y O Y w N C •g a m L O x u _ f' ._. ./:: I'f(::� ':I� l:. :il ili "• L; I ; J11 . � 1 �' (` ills. � -"'.,�:. �:,. :1_lli t.lin t n u •i, 'tilltlS �'tiri�: 4, { j� � ;± %' `' ' 1lt i ' • ;jit'n{{:- 'rl !`1i1�111� 1i1s�v1'_'lJ'J?>iljl��!i lt,', I 'OF FrJ���r��{ Ul ILL Iz ulm 74— c t :Alf li I ; i �4 ECJ;i;� 3= t — t �� I _ � .� 1�,�:l�Sw'`�:-,I .. f 11 � `t: '1-..7 j J_ —�"` �- ::t•� J i (�H .—� t'}� —. 1 J'r1 l L � •�k��I�L1G�/� 1 �-� —�R�" u ® l -7 A6FT / 11 :�,, ou I !.. �. I.•�M._.:�I �-.• :r�: I , 11I..t '•I� F'-i��; �.. :_I_.. Mla 5cj I.ac , .. i i -;1i. r� lyre�tl- Ge Tom^ k>i 3' s r_ c _ h,- _.,,. � �" �>-....•:Ay a � ,. ;gtl'rta �� Y PAW; .�'•` r{ tr. ..� ..� S:€.t,. .w QP �} . .�.r, +�<`aA:,Ifo. �t4,, sJ r �,,,�, �itlili,� stl U. }� NATIONAL FOREIGN LANGUAGE WEEK �?9• MARCH 7 - 11, 1983 >+iiitt�`z. Sulu _ —-- ---- --- `f 'r WHEREAS, rorc•ic :: _an uagc _ rues as the nc cessnry croundwor,. in .._ ,Iopinq trust and credibilii.y with people of ;?if,`_erent backgrounds; ar;d € ' ?y WHEREAS, there a :1" •d tc' dr•vcic,n our po :tial i.. to commur,ic .F t rsvr..• c,f ,, and nation,ll_! o WHEREAS, there IS d (J 111-r-"' - 0"1 understanding of c U .ir �- !i! WHEREAS, March - 11 , 198? hasproclair.<.d nationally as F_ rE_' cr: Linc, age : J NOW, THEREFORE, be it known that I , Wilbur A. Bishop, Mayor of the City of Tigard, do her-,i�by proclaim '- the week of March 7 - 11, 1983 as r NATIONAL FOREIGN LANGUAGE WEEK- Given under my hand as Mayor of the City of Tigard this 1st day of May, 1983. QB rrid7X� - tifEtiF Mayor - City of Tigard ar ti a:3 P11-8, 1� ® p f '\x."/q>_..1 5..�.'r9f11Vs:�N���1tl�zc,4�f6Ui�;�0 Iy111745��r �lil& Tlllliy s s y��4lt1kF �.hrilly%'��4 �1j111�,. ,w_rA'� �- :-er-fi..• - „pi a<t � � 1 ,.e?�y� _:o1?.a ..1� - i iF_ ♦+E+��: .:::i?sa t . - t Alum i CITY OF TIGARD Attn: Mayor Wilbur Bishop CC: Kris Vanderwood - NPO 5 Councilor John Cook , Phil Pasteris - NPO 6 Councilor Ken Scheckla ' 1 Councilor Tom Brian Councilor Ima Scott P E T I T I O N A R Y 0 B J E C T 1 0 N Subject: Commercial Zoning Locations: Hall Blvd Intersect With Bonita Road Hall Blvd Intersect With Durham Road Statement: The signators to this petition herein advise the City Council of Tigard, Oregon: (1) We are residents of the Hall Blvd corridor or adjacent neighboring areas. (2) We are adamantly opposed to the continuation of all commercial zoning at the locations described for reasons as follow: (a) The fact that the City of Tigard lacks direct controls to prevent the intrusion into a residential neighborhood environment by numerous undesireable types of commercial activity. (b) The fact that there is potential for serious physical harm to pedestrians of all ages, and particularly the very young, attracted to these locations amid the dangers of high speed traffic on Hall Blvd. , Durham Road, and Bonita Road. (c) The fact that the community already has adequate facilities in other established commercial areas, within two miles, to serve the needs of the public, and the fact that commercialization of these two locations is not demanded by public interest or convenience. The signators therefore support Neighborhood Planning Organizations No. 5 and No. 6 and request that the described properties be designated for residential dwelling use exclusively, and zoned accordingly. We further request that our position be made a matter of permanent record, reflecting opposition to any commercial development in the area to be described as the Hail Blvd. corridor. Signature Sheets Attached t February 1983 1� i C1 _ IN /1 uJ � v L 4-31 4-341 C30 r 0-4 u.t 41 4� of -- - � N ~ - ro t. u �? -� N � \J CG CA cu (L)sS 4j ui 4-3 to 4--1 CC ca 4-1 4� 4a u u 4-b L- I- Ln V) 4-1 Im 0 m to u 0 0 0 cu I—E to 2c vi 4-3 CITY OF TIGARD Attn: Mayor Wilbur Bishop CC: Kris Vanderwood - NPO 5 Councilor John Cook Phil Pasteris - NPO 6 Councilor Ken Scheckla Councilor Tom Brian Councilor Ima Scott P E T I T 1 0 N A R Y 0 B J E C T 1 0 N Subject: Commercial Zoning Locations: Hall Blvd Intersect With Bonita Road Hall Blvd Intersect With Durham Road Statement: The signators to this petition herein advise the City Council of Tigard, Oregon: (1) We are residents of the Hall Blvd corridor or adjacent neighboring areas. (2) We are adamantly opposed to the continuation of all commercial zoning at the locations described for reasons as follow: (a) The fact that the City of Tigard lacks direct controls to f prevent the intrusion into a residential neighborhood environment by numerous undesireable types of commercial activity. (b) The fact that there is potential for serious physical harm to pedestrians of all ages, and particularly the very young, attracted to these locations amid the dangers of high speed Traffic on Hall Blvd. , Durham Road, and Bonita Road. (c) The fact that the community already has adequate facilities in other established commercial areas, within two miles, to serve the needs of the public, and the fact that commercialization of these two locations is not demanded by public interest or convenience. The signators therefore support Neighborhood Planning Organizations No. 5 and No. 6 and request that the described properties be designated for residential dwelling use exclusively, and zoned accordingly. We further request that our position be made a matter of permanent record, reflecting opposition to any commercial development in the area to be described as the Hall Blvd. corridor. Signature Sheets Attached February 1983 aJ aLe v (` ! \ \ maj N o s cc 41 L CD ¢ rn cit .c _ �n -- oG m o O eCS aJ aJ J 1 6-4u H N � i-D \ 4 � LAJ � � C N \ N S = J Y _ �Cli "j 4j V 4-J :m kn Ln LLJ 4-x to 4-3 4J CC 10 ca cn 0 0 C� cc fu E Ln I 4J CO .- -C S- 0 D 4-) CD Ln 0 u W G) AP Ln Ln 0)m cm 0 CD 0 E E 0 0 LJ IS Bill CITY OF TIGARD Attn: Mayor Wilbur Bishop CC: Kris Vanderwood - NPO 5 Councilor John Cook Phil Pasteris - NPO 6 Councilor Ken Scheckla Councilor Tom Brian Councilor Ima Scott P E T I T 1 0 N A R Y O B J E C T 1 0 N Subject: Commercial Zoning Locations: Hall Blvd Intersect With Bonita Road Hall Blvd Intersect With Durham Road Statement: The signatory to this petition herein advise the City Council of Tigard, Oregon: (1) We are residents of the Hall Blvd corridor or adjacent neighboring areas. (2) We are adamantly opposed to the continuation of all commercial zoning at the locations described for reasons as follow: (a) The fact that the City of Tigard lacks direct controls to prevent the intrusion into a residential neighborhood environment by numerous undesireable types of commercial activity. (b) The fact that there is potential for serious physical harm to pedestrians of all ages, and particularly the very young, attracted to these locations amid the dangers of high speed traffic on Hall Blvd. , Durham Road, and Bonita Road. (c) The fact that the community already has adequate facilities in other established commercial areas, within two miles, to serve the needs of the public, and the fact that commercialization of these two locations is not demanded by public interest or convenience. The signators therefore support Neighborhood Planning Organizations No. 5 and No. 6 and request that the described properties be designated for residential dwelling use exclusively, and zoned accordingly. We further request that our position be made a matter of permanent record, reflecting opposition to any commercial development in the area to be described as the Hall Blvd. corridor. Signature Sheets Attached February 1983 r r- � J � J U C of h' � �•� -{- � � y Qi r +•s e .. � a c 44 om cn cc x N \ `X, t G N E cam, r f J � s � L �- CC p CD t—Vf � i 4WJ 4J i CP m m �0 Vf 0 J d �:, CITY OF TIGARD Attn: Mayor Wilbur Bishop CC: Kris Vanderwood - NPO 5 Councilor John Cook Phil Pasteris - NPO 6 Councilor Ken Scheckla Councilor Tom Brian Councilor Ima Scott P E T I T 1 0 N A R Y 0 B J E C T 1 0 N Subject: Commercial Zoning Locations: Hall Blvd Intersect With Bonita Road Hall Blvd Intersect With Durham Road Statement: The signators to this petition herein advise the City Council of Tigard, Oregon: (1) We are residents of the Hall Blvd corridor or adjacent neighboring areas. (2) We are adamantly opposed to the continuation of all commercial zoning at the 'iocations described for reasons as follow: (a) The fact that the City of Tigard lacks direct controls to prevent the intrusion into a residential neighborhood environment by numerous undesireabie types of commercial activity. (b) The fact that there is potential for serious physical harm to pedestrians of all ages, and particularly the very young, attracted to these locations amid the dangers of high speed traffic on Hall Blvd. , Durham Road, and Bonita F Road. (c) The fact that the community already has adequate facilities in other established commercial areas, within two miles, F to serve the needs of the public, and the fact that Commercialization of these two locations is not demanded by public interest or convenience. 3 The si nators therefore support pport Neighborhood Planning Organizations No. 5 and No. 6 and request that the described properties be designated for residential dwelling use exclusively, and zoned accordingly. We further request that our position be made a matter of permanent record, reflecting opposition to any commercial development in the area to be described as the Hall Blvd. corridor. Signature Sheets Attached February 1983 M1 ' r �7 CD Wo W d4-1 J � ami cc W +° a i .c L- C) C13cmo F-to 3 3 N Ln tn N d 4-V {{ -` ltJ L L- 4-1 ~ v 4.1b�.r Q7 C �v Il �v C N 1 J� 1 JC u co cc c _ LQ -77-- s v � c 1J A ro 0 0 � S- �r 4-2 N l � C L 1 .-•✓ r 4 CITY OF TIGARD Attn•. Mayor Wilbur Bishop CC: Kris Vanderwood - NPO 5 Councilor John Cook Phil Pasteris - NPO 6 Councilor Ken Scheckla Councilor Tom Brian Councilor Ima Scott P E T I T 1 0 N A R Y 0 B J E C T 1 0 N Subject: Commercial Zoning Locations: Hall Blvd Intersect With Bonita Road Hall Blvd Intersect With Durham Road Statement: The signators to this petition herein advise the City Council of Tigard, Oregon: (1) We are residents of the Hall Blvd corridor or adjacent neighboring areas. (2) We are adamantly opposed to the continuation of all commercial zoning at the locations described for reasons as follow: (a) The fact that the City of Tigard lacks direct controls to prevent the intrusion into a residential neighborhood environment by numerous undesireable types of commercial activity. (b) The fact that there is potential for serious physical harm to pedestrians of all ages, and particularly the very young, attracted to these locations amid the dangers of high speed traffic on Hall Blvd. , Durham Road, and Bonita Road. (c) The fact that the community already has adequate facilities in other established commercial areas, within two miles, to serve the needs of the public, and the fact that commercialization of these two locations is not demanded by public interest or convenience. The signators therefore support Neighborhood Planning Organizations No. 5 and No. 6 and request that the described properties be designated for residential dwelling use exclusively, and zoned accordingly. We further request that our position be made a matter of permanent record, reflecting opposition to any commercial development in the area to be described as the Hall Blvd, corridor. ` Signature Sheets Attached February 1983 VN Co LA Ln V C l f \ y, Ln tA LLJ 0 0 IN, co 4-J C) (a u u a) 0) kn VA > > 40 0 P4 k 7� Em u cn 0 0 cj CITY OF TIGARD Attn: Mayor Wilbur Bishop CC: Kris Vanderwood - NPO 5 Councilor John Cook Phil Pasteris - NPO 6 Councilor Ken Scheckla Councilor Tom Brian Councilor Ima Scott P E T I T 1 0 N A R Y 0 B J E C T 1 0 N Subject: Commercial Zoning Locations: Hall Blvd Intersect With Bonita Road Hall Blvd Intersect With Durham Road Statement• The signators to this petition herein advise the City Council of Tigard, Oregon: (1) We are residents of the Hall Blvd corridor or adjacent neighboring areas. (2) We are adamantly opposed to the continuation of all commercial zoning at the locations described for reasons as follow: (a) The fact that the City of Tigard lacks direct controls to prevent the intrusion into a residential neighborhood environment by numerous undesireable types of commercial activity. (b) The fact that there is potential for serious physical harm to pedestrians of all ages, and particularly the very young, attracted to these locations amid the dangers of high speed traffic on Hall Blvd. , Durham Road, and Bonita Road. (c) The fact that the community already has adequate facilities in other established commercial areas, within two miles, to serve the needs of the public, and the fact that commercialization of these two locations is not demanded by public interest or convenience. The signators therefore support Neighborhood Planning Organizations No. 5 and No. 6 and request that the described properties be designated for residential dwelling use exclusively, and zoned accordingly. We further request that our position be made a matter of permanent record, reflecting opposition to any commercial development in the area to be described as the Hall Blvd. corridor. i I Signature Sheets Attached February 1983 � `► �, �' •r Qj v c N y N 3 va C tic a ► a uJ to N r CD -cc 4a m O ro an �-c/I N U d C l _ N 2 2 2 .2 F � f Ns � \� ` ® 4 pa ® � � t t Q N 'C CJ cu NCC CD �v ' � \� � 0)CC d LE u� �� C f4N E ` M41 co S_4J � S, m v u W 3 aj co ~ L L v v rnManm l C , O �D m N S S C _!h.2 �. 0 0 J = \ e Draft Planning Commission Meetting Minutes January 27, 1983 Have not been approve by Planning Commission Members present: Vice-President Clifford Speaker, Roy Bonn, Ron Jordan, Phil Edin, Bonnie Owens, Deane Leverett. PUBLIC HEARINGS 4.1 COMPREHENSIVE PLAN CPA 15-82 NPO # 5, 6 & 7 MAP DESIGNATIONS NPO # 5 1. Mr. & Mrs. Joseph Torres - supporting medium density 2. Capital Consultants Inc. & Fewel & Assoc. - requesting area south of Sandburg St. off 72nd not be designated Light Industrial rather Commercial Professional. STAFF CONCURRED. NPO did not oppose. * Commissioner Bonn moved and Commission Edin seconded to change Pian Map designation from Light Industrial to Commercial Professional on the proposed property. Motion carried unanimously. ' 3. Bob Aungier - Two acres south side of Bonita just east of Bonita. Requested zoning be retained for duplexes (R-5). Staff concurred for medium density residential. No objections from public. NPO wanted time to review, otherwise opposed. Commissioner Owens moved and Commissioner Leverett seconded to forward change requested to City Council for Medium Density south of Bonita and east of Hall. Motion carried majority - Edin voting no. 4. Equities Northwest - Connie Market on corner of S.W. 72nd and Upper Boones Ferry Rd. Letter requested change from CN to M-4 zoning, amended request at meeting for a CP, as they felt it would better fit project they are proposing. Associate Planner stated for what uses were being proposed a C-5 zone would be more applicable. Staff recommends a Light Industrial Plan designation with a zoning of Industrial Park (M-4). Bob P. ,representing Equities Northwest, accepted staff's recommendations after discussion. NPO favored. No public testimony. * Commissioner Edin moved and Commissioner Bonn seconded to change Map Designation to Light Industrial on tax lots 700, 800, 900 and 1000. Motion carried by unanimous vote of members present. 5. Sproul Excavating - requested that all properties he owns be designated medium density instead of split designations. Staff concurred. NPO concurred. No public testimony. Commission Bonn moved and Commissioner Jordan seconded to change the designation on the requested 1.8 acres to medium density to bring it into conformance with surrounding properties. Motion carried by unanimous vote of members present. 6. NPO # 5 Letter - requesting changes - All changes were incorporated onto the map already except for the S.E. Corner of Hall and Bonita Rd. Current Plan designation is Neighborhood Commercial, asking to be changed to medium density. o NPO stated proposed zoning would conform to neighboring properties. They have the support of the neighbors as well as NPO # 6 for this request. o Marvin Bowen, 11825 S.W. Greenburg Rd. representing property owner, stated that this property has been zoned commercial since 1969 and property owner has been paying commercial taxes on property since 1969 and has been holding the property so that he can develop as commercial property. Requested zone remain as proposed by staff o Robert Shannon, Real Estate Agent representing the property owner, submitted pictures of the proposed site and supported leaving the property designation as is. o Bob Aungier, 11320 S.W. Barbur spoke in favor of leaving the zoning as is. o Phil Pasteris, NPO # 6 Chairman commented that he had suggested to the property owners representative, that they contact NPO # 5 Chairperson to work out the zoning disagreement. He did not support the commercial designation on the property. o Chris Vanderwood, NPO # 5 Chairperson stated she was never contacted by the property owner or his representatives. o Mike Marr, 14445 S.W. 87th Ct. , speaking on behalf of a number of residences who do not support the commercial designation. o Lengthy discussion followed among Commissioners. Concensus of Commissioners was that the property should not be down zoned after being zoned commercial for so long. They were sympathetic to the NPO and residences request. * Commissioner Bonn moved and Commissioner Jordan seconded to retain zoning on property as Commercial Neighborhood. Motion carried unanimously by members present. 7. Associate Planner Coursolle stated that their was a mapping error made on the Sherwood Inn site, map shows designationas Neighborhood Commercial, should be Commercial Linear. NPO supported that this appears to be a mapping error. No public testimony. Commissioner Bonn moved and Commissioner Jordan to change the designation from C-N to C-L. Motion carried by unanimous vote of members present. i 1 i NPO # 6 I. Picks Landing Homeowners Association submitted a petition for two pieces of property, one medium density strip between Kneeland Estates and Picks Landing and the area just to the west of Picks Landing, which is designated medium high. They are requesting that both properties be designated as low density residential. o Phil Pasteris, NPO # 6 Chairperson presented the NPO #6 recommendations. They did not support staff's proposed j designations. .- , o j Jerry Linschoten, 16120 S.W. Crimson Ct. , Chairman, Picks Landing Homeowners Association spoke against staff proQosed lip Comprehensive Plan Map designations. o Bruce Rogers, 10305 S.W. Serena Way, Picks Landing spoke against staff's proposed Comprehensive Plan Map designations. o Lengthy discussion followed between staff and Commissioners regarding density on surrounding developed properties. o B. Voitilla, Tualatin Development Company, 15300 S.W. 116th, owners and developers of the subject site, known as Copper Creek. Project is within the low density range. They were surprised when increased density was proposed, since this was a PD under process. o Paul Soloman, 10125 S.W. Kent Place spoke against staff's proposed density. o J B Bishop 10505 S.W. Barbur Blvd. S-303, spoke against staff's proposed plan map designation. o Commissioners discussed Copper Creek site density. Commissioners did not feel designation should be changed after it had been through the public hearings process Commissioner Bonn moved and Commissioner Jordan seconded that the Copper Creek site, as committed land remain Medium Density, R-5 PD. o Lengthy discussion followed. I * Commissioner Bonn moved and Commissioner Owens seconded to change s medium density to low density, with density transfer to other site to be resolved with staff and NPO, working out density calculations before the City Council meeting. Motion carried four to two. Connissioners Speaker & Leverett voting no. NPO # 6 members and local residence adjourned to out area to discuss area where density could be increased. I *� I NPU # 5 Continued.. . . SWUM L NPO # 5 additonal changes 1. Bob Aungier regarding 5 1/2 acres on S.W. 74th. He felt it had been down zoned from what the County had it zoned. o Associate Planner Coursolle stated that the property is ich allows the sames uses as the designated Light Industrial wh County zoning and is not considered a down zoning. o Discussion followed regarding majority of property being in Floodplain/Greenway area, which makes majority of property undevelopable. * Commissioner Edin moved and Commissioner Leverett moved to leave plan map designation as is. Motion carried unanimously by members present. 2. Howard Cornutt, 11720 S.W. Lynn requested that all the property that is under one ownship off of Bonita on S.W. 79th be placed under the same zoning. Property abuts Gentle Woods Development, which is low density. o Chris Vanderwood, NPO # 5 Chairperson would not support a change from low density. o Greg ? 14760 S.W. 76th supported a medium high density, if left low it would not be marketable. * Commissioner Edin moved and Commission Bonn seconded to recommend medium density to the south and the remainder to be low density. Motion carried unanimously by members present. NPO # 7 1. Mr. Hart sent letter to staff point out a map error, showing property in floodplain when it was not. Staff concurred. * Commissioner Owens moved and Commissioner Edin seconded to removed floodplain mapping error. Motion carried unanimously. NPO # 6 continued o Phil Pasteris NPO # 6 Chairperson made proposal of medium high density south of Gravens, along Tualatin River. Parcel west of Picks Landing south of Durham would go to medium high. Corner of Hall and Durham could go to medium high, northwest corner. Parcel of land south of the high school to be medium density. Also a potential area is the little Bull Mountain area. Read letter into record with NPO # 6 supporting Low Density. E �n o Dave Atkinson 10460 S.W. Century Oak Drive did not support increased density in Bull Mountain area because of steep grade. o John Thomas, 16575 S.W. 86th. did not support medium density on property south of the high school. g F i o Marvin Smith, 10100 S.W. Highland Drive, owner of property proposed for medium density south of the high school. He supported the medium density. o Doug Seely, West Linn, respresenting Robert Randall Co. Would support increased density for parcel on the south side of Durham and east side of Pacific Hwy. Would also allow increased density on the Hall and Durham site. r �I M E M O R A N D U M March 7, 1983 TO: City Council FROM: Department of Planning and Development SUBJECT: Changes in the Buildable Land Inventory The following chart shows the changes in our Buildable Land Inventory as a result of City Council changes to the Comprehensive Plan Map on Wednesday, March 2, 1983. CHANGES ACRES From Medium Density to Low Density 38.58 From Medium High Density to Low Density 8'27 From Low Density to Medium Density 10.86 From Commercial to Low Density 5.67 Total residential acres: 858.35 before 852.95 Total units 8345. 14 before 8700.66 Units/acre 9.72 before 10.20 jjli M E M O R A N D U M March 7, 1983 TO: City Council FROM: Department of Planning and Development SUBJECT: Changes in the Buildable Land Inventory The following chart shows the changes in our Buildable Land Inventory as a result of City Council changes to the Comprehensive Plan Map on Wednesday, March 2, 1983. CHANGES ACRES From Medium Density to Low Density 38.58 From Medium High Density to Low Density 8.27 From Low Density to Medium Density 10.86 From Commercial to Low Density 5.67 Total residential acres: 858.35 before 852.95 Total units 8345. 14 before 8700.66 i Units/acre 9.72 before 10.20 i S t E i 4 I f A R w