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City Council Packet - 03/28/1983 Ann TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate MARCH 28, 1983, 7:30 P.K. 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. REGULAR 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 Receive Department Reports and Update 2.2 Approve Sewer Connection Payment Schedule Request, Chamberlain 2.3 Approve Police Job Descriptions and Reclassifications 2.4 Adopt Pay Plan for FY 83-84 2.5 Approve NPO Appointments 2.6 Receive and File: e Buildable Lands Memo e Response to Mrs. Ball's Questions • Memo Regarding LCDC Extension 2.7 Approve Street Dedication, SW 78th 2.8 Approve Street Dedication, Durham Road 2.9 Accept PGE Easement 2.10 Accept Public Improvements: • Straford Subdivision Resolution No. 83-_-.0 e Hamback Park Subdivision Resolution No. 83- _?/ 2.11 Approve Resolution Calling for Speed Zone Study, Sattler 2.12 Approve Expenditures and Investments $ 231,141.58 ° 2.13 Approve OLCC Permit for Zoops, PS (Main & Commercial) 2.14 Authorize Purchase of Air Conditioner for Computer Room ° 3. PRESENT KEY-TO-CITY • James Cody, Police Reserve • American Legion Post #158 4. ASH-PACIFIC LID • Public Hearing Opened • Continue to 4-25-83 5. S.W. GRANT PARKING RESTRICTIONS, ORDINANCE NO. 83- 5 Public Works Director 6. SOLID WASTE ORDINANCE AMENDMENT, ORDINANCE NO. 83- 0 Public Works Director 7. NEWSPAPER RECYCLING & SOLID WASTE FRANCHISE, Discussion • Public Works Director COUNCIL AGENDA - MARCH 28, 1983 man= S. APPEAL-SENSITIVE LANDS PERMIT M 3-81 - USA TRUCK LIFE (WHIPP SEWER LINE) NPO #7 A hearing on the Notice of Review issue and if necessary the substance of the Planning Commission's approval in March of 1982 of a Sensitive Lands Permit for construction of a sanitary sewer truck line. Wash. Co. Tax Map 2S1 3AA, lots 100 & 101; 2S1 3AB, lots 100 & 300; 1S1 34DC, lots 3601, 3602, 6400, 6500, 6600, 6700, 6800, & 6900; ISI 34CD, lots 1200, 1201 & 1202. • Public Hearing Opened • Staff Report and Summary of Planning Commission Proceedings by Director of Planning and Development o Argument: Appellants, Respondents, Appellants Rebuttal • Public Hearing Closed • Council Consideration and Action 9. ATLANTA-PACIFIC LID, ENGINEERS REPORT • Public Works Director 10. RATIFY FLOODPLAIN POLICY, ORDINANCE No. 83- e Director of Planning & Development 11. IMPERVIOUS SURFACE AMENDMENT, ORDINANCE NO. 83- Public Works Director 12. DARTMOUTH EXTENSION LID :PEN Public Works Director 13. 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 bo into Executive Session under ORS 192.660 (1)(f) to consider issues related to Pending Litigation. 15. ADJOURNMENT COUNCIL AGENDA - MARCH 28, 1983 Page 2 TIGARD CITY COUNCIL REGULAR MEETING MINUTES - MARCH 28, 1983 - 7:30 P.M. 1. ROLL CALL: Mayor Wilbur A. Bishop (arriving at 7:45 & leaving at 10:30 P.M.) , Councilors: Tom Brian, John Cook, (leaving at 11:00 P.M. ) Kenneth Sch_eckla (arriving at 8:20 P.M. ) and Ima Scott ; City Staff: Director of Public Works Frank Currie, Finance Director/City Recorder Doris Hartig, City Administrator Bob Jean, Planning Director Bill Monahan, (arriving at 8:30 P.M. ) and Legal Counsel Ed Sullivan. Due to absence of Mayor and President of Council, meeting was called to order by consensus of Council. (a) Motion by Council Brian, seconded by Council Scott; Councilor Cook be appointed Acting Chairman until a presiding officer arrives. Motion approved by unanimous vote of Council present. i 2. CALL TO STAFF, COUNCIL AND AUDIENCE FOR NON AGENDA ITEMS UNDER OPEN AGENDA o City Administrator noted a resolution distributed tonight at the request of Nancy Robbins regarding the Beaverton School District proposed closure of McKay School and letter from Attorney Fred P Anderson regarding surface water impact on DJB Inc. property. f 3. RECEIVE DEPARTMENT REPORTS AND UPDATE (a) Motion by Councilor Brian, seconded by Councilor Scott to receive and , file. Approved by unanimous vote of Council present. 4. APPROVE SEWER CONNECTION PAYMENT SCHEDULE REQUEST. (a) Staff requested this item be continued to April 11, 1983. (b) Motion by Councilor Brian, seconded by Councilor Scott to continue to April 11, 1983. Approved by unanimous vote of Council present. 5. APPROVE POLICE JOB DESCRIPTIONS AND RECLASSIFICATIONS (a) Motion by Councilor Brian, seconded by Councilor Scott to approve. Approve by unanimous vote of Council present. i i 6. ADOPT PAY PLAN FOR FY 83-84 { r r (a) Councilor Scott requested this item be removed from consent agenda. City Administrator pointed out that Council will be holding a hearingI April 4th on FY 1983-84 budget and the proposed salaries were used in budget preparation. E PAGE 1 - COUNCIL MINUTES - MARCH 28, 1983 f tom►®��rass�®®®®��i®����� (b) Motion by Councilor Brain, seconded by Councilor Scott to continue item to another Council meeting. Approve by unanimous vote of Council present. 7. APPROVE NPO APPOINTMENTS (a) Motion by Councilor Brian, seconded by Councilor Scott to approve. Approved by unanimous vote of Council present. 8. RECEIVE AND FILE (a) Buildable Lands Memo regarding LCDC Extension. (b) Motion by Councilor Brian, seconded by Councilor Scott to receive and file. Approve by unanimous vote of Council present. (c) Response to Mrs. Ball's Questions Mrs. Ball requested this item be removed from consent discussion for further discussion. There was discussion by staff and Mrs. Ball if all her questions had been answered as she had submitted several letters for Council records. Staff to work with Mrs. Ball and bring back to Council at later date. 9. APPROVE STREET DEDICATION, SW 78th (a) Motion by Councilor Brian, seconded by Councilor Scott to approve street dedication and authorize signing by City Recorder. Approve by unanimous vote of Council present. 10. APPROVE STREET DEDICATION S.W. DURHAM ROAD (a) Motion by Councilor Brian, seconded by Councilor Scott to approve street dedication and authorize signing by City Recorder. Approved by unanimous vote of Council present. 11. ACCEPT PGE EASEMENT (a) Motion by Councilor Brian, seconded by Councilor Scott to approve and authorize signing by Mayor and City Recorder. Approved by unanimous vote of Council present. 12. RESOLUTION NO. 83-30 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN STRATFORD SUBDIVISION. (a) Motion by Councilor Brian, seconded by Councilor Scott to approve. Approve by unanimous vote of Council present. PAGE 2 - COUNCIL MINUTES - MARCH 28, 1983 13. RESOLUTION NO. 83-31 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN ( HAMBACK PARK SUBDIVISION AND AUTHORIZING RELEASE OF THE MAINTENANCE BOND THEREFOR. (a) Motion by Councilor Brian, seconded by Councilor Scott to approve. Approved by unanimous vote of Council present. 14. RESOLUTION NO. 83-32 A RESOLUTION REQUESTING INITIATION OF ACTION BY WASHINGTON COUNTY TO INVESTIGATE AND ESTABLISH POSTED SPEED ZONE(S) ON S.W. SATTLER STREET, BETWEEN S.W. 98th AVENUE AND S.W. HALL BLVD. (a) Motion by Councilor Brian, seconded by Councilor Scott to approve. Approved by unanimous vote of Council present. 15. APPROVE EXPENDITURES AND INVESTMENTS $231,141.58 (a) Motion by Councilor Brian, seconded by Councilor Scott to approve. Approved by unanimous vote of Council present. 16. APPROVE OLCC PERMIT FOR ZOOPS, P.S. APPLICATION (MAIN & COMMERCIAL) (a) Motion by Councilor Brain, seconded by Councilor Scott to approve and forward to OLCC. Approved by unanimous vote of Council present. 17. AUTHORIZE PURCHASE OF AIR CONDITIONER FOR COMPUTER ROOM (a) City Administrator referred to memo from City staff recommending authorization to purchase air conditioning unit from Sunset Fuel & Engineering in the amount of $2,722. Councilors Scott and Scheckla discussed installation costs and if there were alternatives, since the city is leasing current space. City Administrator responded the unit would belong to the city and could be moved when necessary. He } emphasized the need to keep the temperature between 68-70 degrees and the potential of losing some of the equipment. He recommended Council approve and authorize transfer of funds. P t (b) RESOLUTION NO. 83-33 A RESOLUTION OF THE TIGARD CITY COUNCIL TRANSFERRING FUNDS. i (c) Motion by Councilor Brian, seconded by Councilor Scott to approve the resolution and authorize purchase of roof top model unit in amount of $2,722. f I E Approved by unanimous vote of Council present. PAGE 3 - COUNCIL MINUTES - MARCH 28, 1983 i 18. PRESENT KEY-TO-CITY (a) In absence of Mayor Bishop, Chief Adams presented the Key-To-City to James Cody of the Police Reserves. MAYOR BISHOP ARRIVED (b) Mayor Bishop recognized the American Legion Post #158 gift of American flag for City Council meetings and requested staff forward key-to-city. 19. MCKAY SCHOOL (a) Nancy Robbins of 12185 S.W. Summer St. Tigard spoke to Council regarding the concern of the closure of McKay School by the Beavertou School District and requested Council pass a resolution supporting her position. City Administrator commented staff supported her request because of the growth area involved and felt the issue was of general concern to the community. (b) RESOLUTION NO. 83-34 A RESOLUTION OF THE TIGARD CITY COUNCIL AGREEING TO RECOMMEND TO THE BEAVERTON SCHOOL DISTRICT, NO. 48, THAT THE MCKAY SCHOOL REMAIN OPEN FOR THE UPCOMING SCHOOL YEAR TO SERVE THE CITY OF TIGARD RESIDENTS WHO RESIDE iN THE SCHOOL DISTRICT. (c) Motion by Councilor Brain, seconded by Councilor Scott to approve. Approved by unanimous vote of Council present. 20. ASH-PACIFIC LID Public Hearing Opened (a) Motion be Councilor Brian, seconded by Councilor Scott to continue hearing to April 11, 1983. Approved by unanimous vote of Council present. 21. ORDINANCE NO. 83-18 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 10.28, OF THE TIGARD MUNICIPAL CODE BY ADDING TO SECTION 10.28.125 TO RESTRICT PARKING DURING A SPECIFIC PERIOD(S) ON A PORTION OF S.W. GRANT AVENUE, DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. (a) Motion by Councilor Cook, seconded by Councilor Brian. Council and Staff discussed if property owners had been notified and impact of placing parking restrictions on both sides of Walnut. Motion approved by unanimous vote of Council present. C 22. ORDINANCE NO. 83-19 AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE, CHAPTER 11, SOLID WASTE MANAGEMENT TO PERMIT RATE INCREASE. i PAGE 4 - COUNCIL MINUTES - MARCH 28, 1983 z a�� �a�a sra ®���•��� e® (a) Director of Public Works noted this ordinance would allow the pass through of charges by resolution and the garbage haulers would not have to go through the process of findings and evaluation for a rate increase. Councilor Brian requested Council review any proposed rate increases. Consensus of Council was to amend section one to read, seconded sentence. . "Except, increases in charges to the franchises for solid waste disposal site fees imposed by a governmental agency may be included in the rates (with) by Council (action) resolution provided such increases are evenly distributed among the rates. (b) Motion by Councilor Cook, seconded by Councilor Scott to adopt. Motion carried by unanimous vote of Council present. 23. RESOLUTION NO. 83-35 A RESOLUTION OF THE TIGARD CIZY COUNCIL INCREASING GARBAGE RATES. (a) Motion by Councilor Cook, seconded by Councilor Brian to adopt. Approved by unanimous vote of Council present. (b) City Administrator commented the resolution provides for new rates to go into effect February 1, 1983. Information received by staff indicates one of the haulers has made the changes effective as of January and he cautioned the haulers to make an adjustment on the customers statements as well as giving the city sufficient time to make rate adjustments. 24. NEWSPAPER RECYCLING AND SOLID WASTE FRANCHISE DISCUSSION (a) Director of Public Works reviewed his council packet memo and pointed out this is a matter of Council policy. Nancy Alford, 11200 S.W. Greenburg, testified she would like to see the ordinance changed so she would be allowed to pickup newspapers in the portion of Summerfield that she services. Council and staff discussed the issue of the garbage franchisees collecting all the waste or if Council wants to allow someone else to collect. COUNCILMAN SCHECKLA ARRIVED Council considered the problems of collection, financial considerations, collection by non-profit groups/service clubs and enforcement of the code. (b) Motion by Councilor Cook, seconded by Councilor Scott, to direct staff to leave the ordinance as it stands and enforce the Municipal Code. Motion approved by unanimous vote of Council. PAGE S - COUNCIL MINUTES - MARCH 28, 1983 t 25. APPEAL-SENSITIVE LANDS PERMIT M-3-81 USA TRUCK LINE (WHIPP SEWER LINE) A hearing on the Notice of Review issue and if necessary the substance of the Planning Commission's approval in March of 1982 of Sensitive Lands Permit for construction of a sanitary sewer trunk line. Washington County Tax Map 2S1 3AA, lots 100 & 101; 2S1 3AB, lots 100 & 300; 1S1 34DC, lots 3601, 3602, 6400, 6500, 6600. 6700, 6800, & 6900; 1S1 34DC, lots 1200, 1201 and 1202. PLANNING DIRECTOR ARRIVED: 8:30 P.M. (a) City Attorney stated this is a review hearing to review the recommendations before the Council and the issue is whether the Hearings Officer correctly applied the law to insure the ordinance provisions were correctly applied. Council will be hearing on "arguments only" and no new facts can be presented or testimony from new individuals. Discussion by Council and staff regarding Procedures to be followed. City Attorney noted the Council is bound by original rules as in effect at the time of the appeal, even though since that time the administrative rules have been changed. (b) Public Hearing Opened o Planning Director summarized staff memo to Council. (c) Public Testimony - Appellants o Charles Whipp, 11880 SW 116th, spoke to merits of appeal and discussed a memo with exhibits to Council. He referred to flooding in the area and feels the 30" sewer line would displace a large amount of storm/flood water. He referred to the TMC code regarding flooding and requested the permit be denied. o Dale Ott, 11900 SW 116th, requested Council consider the area as it now is and how it would be in the future. He read from a written statement pointing out violations in the City code. He added he fears his home may be flooded sometime in the future. He spoke to issue of how the public was notified regarding the continuation of the February 2nd Planning Commission meeting. o Discussion followed by Council and staff regarding process of Planning Commission setting over the issue. Consensus of Council was to accept new testimony. o James Asp, 11945 S.W. Katherine pointed out the inaccuracies if the sewer line sketch mailed out. o Marion Ensley and Alma Johnston, residents of the area supported Whipp and Ott's testimony. o Art Haas, 11665 S.W. Katherine ST. concurred with Whipp and Ott's testimony and added he was concerned about the proposed truck line displacement of storm water. PAGE 6 - COUNCIL MINUTES - MARCH 28, 1983 .��d►H�1®l� �®�wry��� (d) RESPONDENTS o Bob Kruz, representing the Unified Sewerage Agency (USA) responded to testimony by Whipp and Ott. He noted the drawings are available based on actual field survey and spoke to specifics of the project, giving history of preparation and plans. He added that the installation of the line could increase run off into Summer Creek and that some provision will have to be made for storm water as developments takes place. o Council and staff discussed the possibility of Tigard, Beaverton and Washington County getting together to solve the storm water problem along with installation of the sewer line. Councilor Scheckla commented he felt there is a potential flooding problem as development takes place upstream. Staff commented U.S.A. is not responsible for the storm water but is -responsible for causing the problem and that the issue is upstream development that will cause additional water. (e) APPELLANTS, RESPONDENTS, APPELLANTS REBUTTAL o Charles Whipp repeated his testimony that the basic issue is increase in storm water run off and that it is in violation of the City code. o City Attorney summarized the two issues and directed Council they should make findings of fact to determine whether to allow the permit. Lengthy discussion followed regarding city's liability in granting the permit and future development upstream. o Dale Ott read from the code regarding long range problems upstream and read from a portion of the code "in combination of proposed uses" which he interpreted the permit would be a violation of the code. Attorney Sullivan, rejected the proposed interpretation by Ott and suggested Council reject the testimony. RECESS 10:00 P.M. RECONVENED 10:13 P.M. (f) Public Hearing Closed o Discussion continued by Council with Councilor Brian stating he had difficulty dealing with only the sewer issue. (g) Motion by Councilor Brian, seconded by Councilor Cook to sustain the appeal to deny the permit. Motion approved by unanimous vote of Council. Council requested Legal Counsel to bring written findings for the 2nd meeting in April. s PAGE 7 - COUNCIL MINUTES - MARCH 28, 1983 26. ATLANTA-PACIFIC LID, ENGINEERING REPORT (a) Motion by Councilor Cook, seconded by Councilor Brian to continue to April 11, 1983. Motion approved by unanimous vote of Council present. 27. ORDINANCE NO. 83-20 AN ORDINANCE AMENDING THE NATURAL FEATURES AND OPEN SPACE ELEMENT OF THE TIGARD COMPREHENSIVE PLAN FOR THE PURPOSE OF AMENDING THE FLOODWAY/GREENWAY POLICY: AND DECLARING AN EMERGENCY. (a) Motion by Councilor Brian, seconded by Councilor Cook to adopt. o Lengthy discussion followed whether the Council wanted to accept any further public testimony and instructions given to staff regarding the preparation of the ordinance. Deborah Naubert, NPO #3, 14365 SW 80th Place, objected to the new language in Section 3.2.1 and felt the issue was amply covered 3.2.2. Motion passed by 3-2 majority vote of Council with Councilors Scott and Scheckla voting NAY. Ordinance will require second reading. 28. ORDINANCE NO. 83-21 AN ORDINANCE OF THE TIGARD CITY COUNCIL AMENDING SECTION 1 (5) OF ORDINANCF 82-71 RELATING TO DEFINING AN "EQUIVALENT SERVICE UNIT" ON THE CITY'S STORM DRAINAGE SYSTEM AND FIXING AN EFFECTIVE DATE. (a) Motion by Councilor Brian, seconded by Councilor Scott to adopt. Motion approved by unanimous vote of Council. MAYOR BISHOP LEFT 29. DARTMOUTH EXTENSION LID (a) Director of Public Works synopsized the recent events, as he understood them, regarding the establishment of a road system and could city staff take on the engineering responsibilities of the LID. He read from staff memo regarding manpower and considerations for the city to do the project. He recommended hiring an engineer designated with the specific assignment for this project at an hourly wage and also hire out the survey services, all who would work in city hall under the direction of City Staff. He further explained this would reduce the cost of the project and allow the project to begin immediately. City Administrator tried to .:Larify the options for Council as (1) hire a consultant, (2) hire additional staff on personal services contract, (3) set aside other city projects to allow time to handle the project. Councilor Brian questioned if there were any preliminary discussions with the property owners and i to what extent outside funds are available for preliminary ' - engineering. Staff responded they had met with three of the four. PAGE 8 - COUNCIL MINUTES - MARCH 28, 1983 Ell o Gordon Martin, 12265 SW 72nd property owner, spoke to the preliminary engineer study and added the information that Invest-A-Venture is no longer involved. He stated he hopes the cost will be kept down. o John Gibbons, 9800 SW Barbur Blvd. spoke to costs and suggested city submit a "request for proposal" for a preliminary engineer. o Consensus of Council was to have staff come back with recommendations and estimate of cost for options discussed, for preliminary engineering study. 30. OPEN AGENDA o 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. COUNCILMAN COOK LEFT: 11:00 P.M. o Attorney Anderson letter regarding DJB properties and surface water was continued to April 11, 1983 meeting 31. EXECUTIVE SESSION o The Tigard City Council will go into Executive Session under ORS 192.660 (1)(f) to consider issues relating to pending litigation. o Consensus of Council was to set this item over to another Council meeting. 32. ADJOURNED 11:15 P.M. ri i City Recorder City of T 46rd L/ ATTEST: Mayor - City of Tigard PAGE 9 - COUNCIL MINUTES - MARCH 28, 1983 Da to February 28, 1983 I wish to testify before the Tigard City Council on the following item: (Please print your name) 1.3 Call to Staff, Council E Audience For Non-Agenda Items Under Open Agenda Name, Address & Affiliation Item Description — a 3 E E I wgsn Eo eesElky oetore the Tigard City Council orn, the follow-in_e tem: (Please print your name) February 1983 Iters Description: 2.!XTURA - TAX INCREMENT FINANCING 'roponent (for) Opponent (against) lam ,, Address and Affiliation Name, Address and Affiliation r x'94 U i h 41 4 C 1A z 06�vo s c'd v I, JL W15n Lo -esclzy netore the Tigard City Council on the following ' -m: (Please print your name) February 21 1983 Item Description: 40 CITY - TAX INCREMENT FINANCING 'roponen t (for) Opponent (against) :acne, Address and Affiliation Name, Address and Affiliation. t4y� P"I 2 _ i74 ;N� V t i i e i i i. I wish co ceSCIty before the Tigard City Council on February 23. 1983 t the follo«ing i' (Please print your nave) Item Description: 6. COMPREHENSIVE PLAN PUBLIC HEARING • s ropo entfor — . « k Opponent (against) me dre 191and Affiliation Name, Address and Affiliation EMMA f €' z t s" r s i 1 I r t t l r i. l � S i i f L{ S� 7r � l� �., n� - LcJh•rim "���r`. ✓�-�h E ((rr / � t7 S S L✓ iG-f—[felt.-✓ti—� X—! t e S i d p� i t e ie F et K t [tt p}t C' '.1 Date -12 I wish to testify before the Tigard City Council on the following item: (Please printvour name) -7 A10 t7 5� 0A2 r/. Name, Address & Affiliation Item Description -�4 Al --------------------- ti OL,V\ E �.l TIGMKU UPDRTE TRAINING NEWS o An all day Executive Staff Retreat was held at the City Administrator' s home on March 18. o Building Inspector Brad Roast and Plans Examiner Don Howick, upon passing an extensive exam, have been certified as Fire and Life Safety Plans Examiners. This certification is awarded by the State of Oregon Building Codes Division. o The Tigard Employees And Managers (T.E.A.M. ) committee met on March 16 to discuss benefits and tax levies . o An All Employees Meeting was held March 16 to discuss levies and the budget. o Lt. Kelly Jennings will be leaving in April to attend the FBI National Training Academy in Virginia. o Planning & Development Director Bill Monahan, Associate Planners Jeremy Coursolle and Liz Newton, and Planning Commission member- Chris Vanderwood attended the American Planning Association Conference. o Building Official Ed Walden attended the 17th Annual International Conference of Building Officials Short School on March 15 . EMPLOYEE NOTES o Office Manager Loreen Wilson was in an auto accident and is on leave until her doctor allows her to return to work. We wish you a speedy recovery Loreen. o Jerri Widnes has been appointed to the position of Finance Director. Jerri's first day will be April 18th. Welcome Jerri! o Officer Darwin Deveny and Dispatcher Lori Deveny are the proud parents of a baby boy. Daniel Lloyd Deveny was born January 30th and weighed a healthy 7 lbs, 10 oz, and was 21 inches long. Congratulations to you Darwin and Lori! o Building Inspector Fsr;id Roast was awarded the Most Valuable Player Award by the Oregon Hockey League for his outsi andin); p,rformanc+-, in the •'h" Teague . o Superintendent of Eni.ineering Services John Hagman is a grandfather for the first time. Joh::'s daughter Terria gave birth to Sharon Irene, a 7 lb. 12 oz, baby girl, on March 18th. Congratulations John! o Joey, an "employee" c.f the K- 9 Division of the Tigard Police Department, aided in the arrest o' two persons engaged in theft from an auto . The K- 9 unit has proven to be very successful and our thanks go to this beautiful German_ Shepard and hii• trainer Sgt. Chuck Martin. 1 POLICE DEPARTMENT MONTHLY REPORT February, 1983 TO: City Administrator/City Council FROM: Chief of Police I. Personnel: As since August, 1982, there is still the vacancy in the Patrol Division, keeping total strength at 28 members. The average daily department strength was 17.3 compared to 18.7 in February, 1982. By division, the breakdown is as follows: Administration 1.7; Services Division 4.2; Patrol Division 8.0; Investigation Division 1.4; and Traffic Division 2.0. II. Service Delivery: The department responded to 384 non-criminal calls for service this month in contrast to 421 calls in 1982. Patrol Division's obligated time was 1,180.3 hours vs. 994.2 non-obligated hours. III. Crime: There were 104 Part I crimes reported this month as compared to 89 reported in February last year. Of the Part I crimes reported, 28 were cleared, or 26.9%. The department responded to 59 Part II crimes and 33 were cleared. There were 56 persons charged this month as compared to 50 for this same time period last year. The crime rate increased 3.2% this month comapred to February, 1982. The Investigative Division worked 17 active cases this month, and cleared 3, or 17.6% of the active cases. The property loss was $44,733.26, and $3,968.63 was recovered, or 8.9%. IV. Traffic: Patrol Division responded to 24 accidents, of that number 5 were injury. There were 321 citations issued, as compared to 289 for this same time period last year. In addition, 46 warnings were given. The enforcement s index was 51.80. s i i V. Police Reserves: The Reserve Unit worked 305-1/2 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. The majority of all the Reserves are now trained to provide residential and commercial building security surveys to enhance our community crime prevention program. (See j attached monthly report. ) [ l tVI. Special Assignments: r E A. Narcotic Enforcement Task Force. (see attached report from Sgt. Wheeler) . 4 #i E t B. K-9 Recap. (see attached report from Sgt. Martin) . C. Motorcycle Program. (see attached report from Sgt. Newman) . D. Alarms and Permit Recap. (see attached report from Lt. Jennings) . VII. Training: A. Oregon Juvenile Officers Conference. Officer Grisham attended a 1- day seminar on February 10, at the Holiday Inn in Wilsonville. 8 training hours were received. VIII. Community Relations: A. Block Watch Activity. February 7, 2 hours at Templeton School. Block Watch skit with Officer Grisham and Sgt. Martin. February 15, 2 hours on Genesis Loop. Block Watch meeting with Officer Peterson. February 16, 2 hours on Genesis Loop. Block Watch meeting with Officer Peterson. February 23, 1 hour at Templeton School. Block Watch and Drug Talk with 60 students by Sgt. Martin. February 28, 2 hours at Calloway Hills. Block Watch with Sgt. Martin. B. Kiwanis Program. On February 23, Officer Grisham spent 2 hours attending a Kiwanis meeting. The Kiwanis were very positive concerning the statistics presented, and also the new programs, the K-91s and the motorcycles. He discussed the Crime Stoppers Reward, and they responded very well. Ed Gottlieb, the new chapter president, advised that all three of the Tigard chapter presidents are starting regular meetings -- a sort of President's Club, and he suggested this issue would be a great topic for their first meeting scheduled for February 25. C. Child Abuse Program. Officer Grisham met with 70 parents on r February 17 at Durham School, spending 2-1/4 hours with them discussing child abuse. D. On February 22, Officer Grisham presented the "Officer Friendly" program to 25 pre-schoolers at Canterbury Day School, spending 1 hour with them. E. On February 23, Officer Grisham attended a CE-2 board meeting at E Tigard High School. He spent 1-112 hours meeting with 10 high school k students. F. On February 9, Lt. Jennings met with Drs. Giesbrecht and McClusky for 1-112 hours, to discuss a health maintenance program for the department. G. Annual Report. On February 14, the department presented their annual 4 report to the City Council and Executive Staff. 16 departmental man hours were spent. t i ff H. K-9 Demonstration. The K-9 Team presented a demonstration to approximately 40 citiliens of the community, including the City Council, on February 26. A total of 5 departmental man hours were spent. NOTE: A total of 38-1/4 departmental man hours were spent in community relations this month. Respectfully submitted, Chief of Police RBA:ac i" I t i i i NMI POLICE DEPARTMENT CONSOLIDATED MONTHLY REPORT FOR MONTH OF FEBRUARY 19 83 DISTRIBUTION OF PERSONNEL AVERAGE A NUMERICAL STRENGTH I DAILY ABSENCE AVERAGE EFFECTIVE STRENGTH End of Same This Same This I Last Same this Month Month Month Month Month Month Month Last Las[ Last Year Year Year TOTAL PERSONNEL 28 29 10.7 10.3 17.3 I7.9 18.7 CHIEF'S OFFICE 3 3 1.3 1.1 1.7 2.0 1.9 SERVICES DIVIS. 7 7 2.8 2.4 4.2 4.4 4.6 PATROL DIVISION 13 16 5.0 5.7 8.0 8.3 10.3 TRAFFIC DIVIS. 2 0 •6 0 1.4 1.3 0 INVEST. SECTION 3 3 1.0 1.1 2.0 2.0 1.9 FORCE ONE 12 13 4.1 4.7 7.9 8.4 8.3 FORCE TWO 9 9 3.4 3.6 5.6 5.8 5.4 FORCE THREE 7 7 3.2 2.0 3.8 3.7 5.0 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 1. Total number field 3. Reinstated during month 0 officers 15 16 Total to account for 28 2. Less Agents Assig- 4. Separations from the service: ned to Investigat. 0 C (a) Voluntary resignation 0 3. Average daily abs- 0 ences of field off- (b) Retirement icers owing to: (c) Resigned with charges pending 0 (a) Vacation, susp- 0 ension, days off, (d) Dropped during probation comp. time, etc. 5.3 , 5.0 (e) Dismissed for cause 0 (b) Sick d Injured -31 .7 r 0 (c) Schools, etc. (f) Killed in line of duty 0 Total average daily !g) Deceased absences 5.6 5.7 Total separations 0 4. Available for duty 9.4 10.3 5. Present for duty at end of month 28 j 3 i C } swim W-M TIGARD POLICE DEPARTMENT Monthly Report I. Calls for Service: This Month 547 Year to Date 1,208 A. Oblig•_ted Time 1,180.3 B. Non-Obligated Time 994.2 II. PART I CRIMES No. Cleared Arrests A. Homicide B. Rape 1 2 1 C. Robbery 1 D. Assault 9 8 8 E. Burglary 23 5 12 F. Larceny 64 12 13 G. Auto Theft 6 1 Totals 104 28 34 III. PART II TOTALS 59 33 22 TOTAL - Part I and II 162 61 56 IV. TOTAL PERSONS CHARGED: 56 a. Adult Male 28 C. Juvenile Male 15 -b: - Adult Female 8 d. Juvenile Female 5 V. WARRANTS SERVED 4 VI. TOTAL PROPERTY LOSS $ 44,733.26 TOTAL PROPERTY RECOVERED 3,968-63 VII. TRAFFIC a. Accidents Investigated 24 Injury Accidents 5 Fatal 0 b. Citations: VBR (Speeding) 185 Yield Right of Way--L— Following ay0Following too Close 0 Red Light 28 Stop Sign 10 Improper Turn 7 Reckless Driving 0 Careless Driving 6 Driving Under the Influence 4 Driving While Suspended 12 Other Hazardous 7 Non-Hazardous 62 Total Hazardous 259____ C. Enforcement Index 51.80 d. Traffic Enforcement Totals Citations: This Month This Year 321 Year to Date 589 This Month Last Year 289 Last Year to Date 550 Warnings: This Month This Year 46 Year to Date 88 This Month Last Year 134 Last Year to Date 223 NOTE: - Part I Crimes (Major Crimes) Clearance Rate 26.9% - Part II Crimes (Minor Crimes) Clearance Rate 55.9% Q G � � � !�' Cn ' n ',y C I rj u cS Crly cj o ° O u\ 1 Tk in coo O I`' NSA L \IN Ui Sq, _ T�° 0 AV& k PO OP ID '�Fp `bks cn tic v- r o trj C(Izs H �� \ i� C� ►yG . GrT - oNs \ ?NGS � � � � cs v� • sUsp SAL 6� s°sPrctoU Rsc�'s - s Z � .. roN chrEG� F? S s r E i _ 7 i MEMORANDUM March 7, 1983 TO: Chief of Police FROM: Sgt. Wheeler SUBJECT: February Monthly Narcotics Activity Report Sir: The following is a recap of the narcotics cases worked as a task force effort. 83-0363 A doctor reported possible drug abuse by a nurse. A case was initiated, however, the patient died before the case was completed. Pending lab analysis at this time. 83-0491 This case originated in Wasco County, Oregon, whereby Wasco County seized 1 ounce of cocaine from a suspect (Alexander Kraul) . Subsequent investigation led to the delivery of 1-1/2 ounce buy of cocaine, then the above listed subject was arrested and shot in the chest. One i, other WMA was arrested for DCS/PCS. 2-1/2 ounces of cocaine seized; arrest x 2 for DCS/PCS. 83-0547 An undercover investigation led to the delivery of 1/2 ounce of marijuana, and the seizure of 30 tablets of quualudes. Arrest x 2 for PCS/DCS. 83-0601 Subsequent to the investigation listed in case 483-0491, a search warrant was obtained, thereby service yielded a small amount of cocaine and some unknown type pills, and a small amount of marijuana. Also established probable cause for arrest x 3 for PCS. There were 23 hours of volunteered time put in by this officer, and 8 hours by Officer deBrauwere, during the month of February. Respectfully submitted, Sgt. Robert Wheeler~ Narcotics Un t RJW:ac MEMORANDUM March 7, 1983 TO: Chief of Police FROM: Sgt. Martin SUBJECT: K-9 Recap for February, 1983 Sir: The K-9 team has completed its first month of full service. There were 17 calls for K-9 units during the month of February, five requests coming from outside agencies. 11 of the calls were tracks; 4 building searches; 1 crowd control incident; 1 article search, and 1 assist on a burglary in progress in which two sus- pects were captured after being confronted by Officer Miller and Buck. i A total of 26 man hours were spent by the K-9 team in training during the month. Respectfully submitted, Sgt. Charles G. Martin K-9 Unit Commander CGM:ac TIGARD POLICE DEPARTMENT MOTORCYCLE ACTIVITY MONTH OF February 19 33 VBR (Speeding) 124 YIELD RIGHT OF WAY -- FOLLOWING TOO CLOSE - — RED LIGHT 24 STOP SIGN 6 IMPROPER TURN 1 RECKLESS DRIVING s CARELESS DRIVING 3 DRIVING UNDER THE INFLUENCE DRIVING WHILE SUSPENDED S OTHER HAZARDOUS NON.-HAZARDOUS 15 *TOTAL HAZARDOUS 163 *TOTAL CITATIONS �ZH s M M bo 00 00 G C1 14 \ \ b w _4 N N \ \ N u ETH M M v W d Ai ca $4 M UO O •r4 H b CU p Ai b co yr CA to d O Co u H .,4 C cd O coo 1 z A O CU -Li '� cn � 1 1 t w; O La CO O, O AJ W •d m O. L m Ga d O ar S' N O O O O� d U O 93 w •,4 O M t), H 00 � � 6 H o r..4 FR �O N O O 1 m O -L a C3 �U i p W. ki z ou O pq P. C O WCDCDC) O O p o o O G. d EH 41 er P s.+ •-4 co o N p W O m o N N M H 'T. d m Q ccn x M —4 N a (7 vw yr yr co d a Gu a a ■ N O z w 0 H 6 N H Ad H O U v1 CT Cl O N N O U ,C 00 41 %O v� CC d W w C Cd 0 bo " .a W ..a N 7 L Vt O 0o /+ m 93ar ++ •a u P �4 1- 4j oo w i co C>cn Ln N W d ato cep � ..4 N •d w N m W A Vim-! E+ V o 3 m b of L a) -,4 C P U •d W r4 v P• O o 0 en G a m m eD a� 4J PdO u a'�� >+ m O U en uy .ra W m 'a 4J 0 H Cd 0 O $4 0 .0 CO m v 41 'Fi Cti O d p U c0 uo �� w $4 c0 m ..� H >4 d x � �+ w 1 r. m 0 u � a41 a ca ,°la yy. w i, m A u w � N 0 cd w ai �t � u 0 u u o a 4 c0 b !+ q U a ii sm+ H cd c� d o cmo� .± �+ •a m O •.± 7 ? 7 �, �. TIGAROLIBRARY PUBLICPhone 639-9511 12568 SW Main•Tigard, Or. 97223 MONTHLY REPORT February 1983 TO: Library Board city Council FROM: City Librarian BUDGET 1983-84: The Library budget was presented to the City of Tigard Budget Committee on February 24, 1983. WCCLS: The Washington County Budget Committee turned down the Citizen Advisory Board request to include $800,000 for a county-wide automated circulation system in the County's operating levy request for 1983--84. VOLUNTEERS: Volunteers worked a total of 141 hours; daily average 5.9. WORK INDICATORS: February 19.83 February 1982 Adult Books, 70.17 6316 Juvenile Books 289,6 2348 Interlibrary Loan 81 88 Magazines 526 401 Records/Cassettes 144 160 Other 47 52 Total Circulation 10_,711 9365 Days- of Service 20 20 Average Daily Circulation: 536 468 % Increase-Circulation 15% Reference/Readers Advisory 564 553 Materials Added 609 161 Materials Withdrawn 362 141 Story-Time Total 60 75 Borrowers: new/renewals. 201/87=288 309 YOUTH SERVICES - Jahn Henshell Eighteen puppets were added to the juvenile collection for circulation. They were donated a number of years- ago by a Girl Scout troop. The puppets fit child-sized hands-. They are packaged in media bags and are a popular improvement to the service. Celebrati-ng Valentine"s Day was a special program for children in grades 2-4. The theme, 'Things- to Make and Do for valentine''s Day, was carried out with stories, activities r a dog -made from Valentine hearts- and refresfiments-. Juvenile circulation is up 25% for the same month last year. Two Tigard High School classes have come in for sepcial presentations and demonstrations of -multi-media storytelling. More groups will attend in March and April. Five children (4th & 5th graders) have contributed 7 hours volunteer work in the children's room y March 16 , 1983 TO: Mayor and City Council FROM: William A. Monahan, Director of Planning & Development ' SUBJECT: Monthly Report of Department of Planning & Development - February Attached please find the Planning and Development report for February 1983. The report contains the following: 1. Building Activity Report 2 . Code Enforcement Report 3 . Annexation Report 4 . Comprehensive Plan Update 5 . Approval Authority Action Summary The Comprehensive Plan process is gradually nearing completion. A copy of Jeremy Coursolleis February 18 letter listing progress to date is attached as the monthly report. Building revenues were up for February as there were 19 single family shifts permits. It appears that recent fts in the economy may finally result in an improved climate for the home building industry . totaling $17 ,795. 03 were generated for work valued at $1 , 513 ,244 . 00. A figure of $44 , 325 is shown. for sewer connections for the month. This inflated figure represents the fee paid by Plaid Pantry for their site fee for the remaining area of their site as well as the sewer connection } to be used for housing construction. i i t MEMORANDUM TO: CITY COUNCIL FROM: PLANNING A14D DEVELOPMENT DEPARTMENT DATE: March 14, 1983 SUBJECT: Monthly report for month of February February's building activities include permits for 3 signs, 19 single family residential, 1 residential addition (garage) , 1 commercial, 8 commercial alter/ repair, 1 foundation only and 1 site work only for a total valuation of $1,513,244.00. Fees for 31 permits $ 12,801 .53 Fees for 3 signs 80.00 Plumbing Activity - 25 1,662.50 Mechanical Activity - 22 417.00 Business License -- 40 2,834.00 TOTAL. . . . . . . . . . . . . . 17,795.03 Sewer Connections - 22 44,325.00 Sewer Inspections - 22 780.00 There was no building activity in King City for the month of February atom z • �-A o o O o o c o o O o 0 0 o c o O o O o 0 0 o O O o O O o C) -<r O H Oo 0 0 0 0 0 0 0 0 O O 0 0 0 O O O O O O 0 0 0 0 0 0 0 0 .r O -zr `4 � MMtntnn r- Ln ntnCDMWa% — zr0OvIOo 000o0 � O tnO0- Ln N M :D .. . .. .. .. .. .. .. . .. .. . .. .. .. . .. w . .. .. .. .. .. .. .. .. 00 a 00 N �o N to S ^ �-o �D N to M trn M to t` O, O a, .a -t _:r U1 ON -:r I'D N to ^ O, M O, .10 1- k�O to to u'i Ln Ln to -T ,a Lr) 1.0 O, 00 N M �D �7 ^ •� tf) cu CIDC13 r-4 ✓� 'a WC13 3 pnw W wbco - ,°)+co .14 J ❑ -- U) cd •r+ a) a, a) a, a, a) a, - cn cv c0 cC cn cv ca cv ctf cv cri cu ca cb N cv :v a3 cC ccf r-4 r-4 G •1 O O O o O O O - -,4 • 4 •rc •a -rc • 4 -,-I • 4 • 4 -4 —1 • 4 •,-4 —4 •,-4 •,a -,a • 4 •rc 'M ca o E Ir E 1r 6 z y iJ 4-3 u 4-3 4-: " IJ 4-J 4-1 4-) " sJ t-J .0 JJ 4J -W 4-J4-3 •, "1 O '0 a) a) a) a) a) a) a) O O r- W 0 0 0 0 r- 0 G C 0 0 0 0 0 O 0 a rl r- G U U w co P ;+ 1-4 S4 P P N a H O P4 (1) a o v 0 a) a) a) v a) () v v a) (D a) a) a) v v H sa H o o to vi >. -cyb -0vO -0v -d •vv -cyb -ovv -ovv ov a a) o a (23M a) a) a) a) a) a) a) a) a a) d a) w a) a) N a a) a) 0 0 0 O O O O O O O O O P4 P4 04 P4 C4 P4 04 r-e� 1:4W W W W P4 C4 134W P: r4 CYS U U U U U U U U U U U Ea H r' H • H U a Q Ewa O H C� z • • co co C13 U A N P. �4 4-J A c0 > c0 -x a U o :3 p • 3 w' y to to oO • o x cc3 O )a O S T •� a 3d3 • • • • • • - 4.J a cc -4 4 :3U o co v -aa: x w pC xxx 4-, 4) 4-J ,J a) v a) M >4 a P- O U 3 > > H b 4-1 •a U) v) N On > > > U to U to b � -4 O U U U U 0 w o d -C4 -c4 co I, a) •r+ O 0 cV H M cP -,a •.a a) cn a m y •,i ,a • 4 -4 O 0 (L) o co cU co co r. 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In a a r +.1 ro c ro c + O W E -+ La O -4 N c N w 1.1 O tr it tr +J U E O ro N >. y N C a) 7 O +J ro + C 7 ro tr G .0 •17 a c c w N y .-I c 't7 N d ro c L a) w u c o c H >. ro ), > c >. •A w c > C a ro O W U 3 > ro 3 a) ro -4 00 O W ro :3L < C C U 1x1 T.. S :4 •-� x > ca U w u c o E 3 7_ C :t SN3tiS2fVd3a SN3WdO12A34 ONV ONIN.�tf'Id - SSOd3N NOI.i.VX3NNV MEMORANDUM February 18, 1983 TO: Mayor & City Council FROM: Jeremy Coursolle, Associate Planner,-1 ` Department of Planning and Developmen SUBJECT: Comprehensive Plan Revision Update The following chart indicates which documents have been reviewed and adopted by the Planning Commission and City Council. P.C. C.C. Ord. No. Citizen Involvement 11- 9-82 11-22-82 82-77 Natural Features & Open Space 1-18-83 1-24-83 83-03 Air, Water and Land Resources Quality 12- 7-82 12-13-82 82-79 Economy 12- 7-82 12-13-82 82-80 Housing 1-20-83 1-26-83 83-05 Public Facilities and Services 12-11-82 12-15-82 82-81 Transportation 1-22-83 1-25-83 83-04 Energy 11-23-82 12-15-82 82-78 Findings, Policies & Implementation Strategies 1-22-83 Comprehensive Pian Land Use Map 1-27-83 Interim Zoning District Map 2- 8-83 Comprehensive Plan Transportation Plan Map 1-22-83 1-25-83 83-04 Development Standard Areas (Established/ Developing Areas) 2- 8-83 Community Development Code Development District Map On Wednesday, February 23, 1983 and Wednesday, March 2, 1983 the City Council will reconvene to initiate the review of the "Policy" document and the Comprehensive Plan and Interim zoning maps. The review of the mapping issues will be conducted in reverse order to the Planning Commission review, NPO # 7 area first and NPO # 1 area last. The City Council is allowing for two evenings to complete their review of these issues. If more time is needed, the City Council will continue the public hearings to a date certain without further notice in the newspaper Prior to submitting the final Comprehensive Plan documents to LCDC for acknowledgement, staff will be completing some "housecleaning measures" for the entire plan to insure we have addressed all of the goals in a satisfactory manner. This may mean that certain aspects of the plan will be reviewed again by the Planning Commission and City Council. An example of needed "housecleaning" is the designated wildlife habitat areas and the conflicts between those areas and existing and proposed development. These �a "housecleaning measures" will also be forwarded to the NPO's and CCI for their review. In addition, all of the report elements will be collated into one resource document for ease of use. The final Comprehensive Plan document will include three volumes: The Resource Document, the Findings and Policy Document and the Community Development Code. On Tuesday, February 22, 1983, the Planning Commission will begin their study sessions for the Community Development Code. Although many of the same sections of the current draft of Community Development Code will be included in the second draft, many changes will occur based on the adopted Comprehensive Plan reports and policy language. The revised draft will be made available by the second week in March. At this time, staff anticipates that the City Council review of the Community Development Code will be completed by mid-April. dj (0060P) F UNION MONTHLY REPORT PLANNING AND DEVELOPMENT DEPARTMENT APPROVAL AUTHORITY ACTIONS FEBRUARY 1983 The following projects were acted on by the Planning Commission over the past month. COMPREHENSIVE PLAN REPORT DEVELOPMENT STANDARDS MAP The Planning Commission voted unanimously by members present to forward the Development Standards Map with modification to City Council with recommendation for approval. (February 8, 1983) ZC 19-82 INTERIM ZONING DISTRICT MAP The Planning Commission voted unanimously by members present to fo;aard the Interim zoning map with changes to City Council with recommendation for approval. (February 8, 1983) COMMUNITY DEVELOPMENT CODE The Planning Commissioner had a Study Session on February 22, 1983, to review this document. APPROVAL BY PLANNING DIRECTOR - February 25, 1983 SITE DESIGN REVIEW SDR 1-83 Mel & Dick Armstrong ( Pioneer Pies) NPO X11 APPLICANT: Mel & Dick Armstrong OWNER: Same 9209 East Mission Spokane, Washington 99206 REQUEST: To construct a 1020 sq. ft . addition to an existing 3970 sq. ft. restaurant for seating & bakery. Zoned C-3M. LOCATION: 11960 S.W. Pacific Hwy. (2S1 2AA lot 602) APPROVAL BY HEARINGS OFFICER - February 20, 1983 ZONE CHANGE ZC 1-83 Robert Randall Company NPO # 4 APPLICANT: Robert Randall Company OWNER: Hazel J. Anderson 9500 S.W. Barbur Blvd. S-300 9931 Deerhaven Portland, Oregon 97219 Santa Ana, Calif. 92705 REQUEST: Change zoning from Wash. Co. M-1 to City of Tigard M-4 Industrial Park on the rear portion & C-5 Highway Commercial on front portion. LOCATION: North of SW 79th, east side of Pacific Hwy. (1Sl 36CD lot 2200) _- IN March 18, 1983 TO: Honorable Mayor and City Council FROM: Frank A. Currie, Director of Public Works SUBJECT; Sewer Connection Payment Schedule Request As you can see from the attached letter, Mr. Gary Chamberlain has requested a pa�r^ent schedule to enable him to pay the $3,000 charge in lieu of assessment cost for connecting to the Senior Center Sewer. I have researched this request and find that Unified Sewerage Agency does allow individuals to pay this fee in the same manner as property owners in a local improvement district. Pursuant to that U.S.A. policy, I have prepared an Installment Application and Disclosure Statement and a Resolution adopting a City of Tigard Policy for pay- ment of charges in lieu of assessments (attached) , that would allow Mr. Chamber- lain to make installment payments. i t s i F i ISM INSTALLMENT PAYMENT AGREEMENT AND DISCLOSURE STATEMENT To the City Council of the City of Tigard, Oregon: In accordance with the provisions of Cityf Tigard Rolntion 83-eu of assess- which relates to City of Tigard policy on payment charges ments, I HEREBY MAKE APPLICATION AND AGREE, JOINTLY AND SEVERALLY, TO PAY said charge in lieu of assessments as has been determined dy the City i ye ual ouncins fthents City of Tigard, Oregon, under Ord. No. 82-33, ser annum. First payment is together with interest th9reon'aand onrate sioxf( mont Pntervals thereafter. due on Interest toYe--p—di-E--semi-annually at the time each equal installment of the assess- ment is paid. If I neglect or refuse to pay any part of the installments provided herein, including interest, within 60 days after the same shall have become due and payable, then the �vhole amount of the unpaid amount including accrued interest, shall become due and payablosureoncetandhe bshallow descr�bedcrealted �propertyn the nner provided by law in- cluding fore on The charge in lieu of assessments, annual percentage rate of interest, and f finance charges which I agree to pay are as follows: 1. Amount of Assessment (cash Price) . . . • • . . . . . ' . . . . . . $ 2. Amount Financed . . . • . . • • . - 3. Finance Charge (If paid in 20 semi-annual installments) — 4. Deferred payment price (2+3) . . . • • • • . . . ' $ 5. Annual percentage Rate . . . " • • . • • • . . ' I understand that I may prepay a portion or the entire amount of the above assessment without penalty. I agree that in the event that this property changes ownership the remaining balance becomes immediately due and payable. Property affected by this improvement and subject to the Lien: It is understood that (I( am (we) are entitled to a copy of this Installment Payment Application and Disclosure Statement. The signature(s) below acknowledge receipt of a copy hereof. ereunto set my had and seal this day of IN WITNESS WHEREOF, I have h 19 _ Witness: (SEAL) j- - (SEAL) ignature o pp scants an�- ignature o itnesses Property Owners) M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: BOB ADAMS, CHIEF OF POLICE 'S DATE: MARCH 17, 1983 SUBJECT: POLICE DIVISION COMMANDER PROMOTIONS The Budget Committee's Recommended Budget for FY 1983-84 includes three Division Commander positions and the reclassification of the present Lieutenant's position to that of Captain. As of the November, 1982, ruling by the Employment Relations Board, we have had both union and non-union Sergeant positions, but no clearly defined destinctions in their duties. Revised Job Descriptions have now been prepared and are attached for the Captain t (Executive Officer), Lieutenant (Patrol/Investigative Division Commander) , and the Support Services Office Manager (Division Manager) positions. Additionally, Lieutenant (Captain) Jennings will be attending the FBI Academy for several weeks this Spring. Rather than waiting for July 1, 1983, we recommend implementing these reclassifications and promotions effective as follows: EMPLOYEE FROM TO EFFECTIVE Jennings, Kelly Lieutenant* Captain* 4/1/83 $2,565/mo• $2,565/mo. Branstetter, Lonnie Sergeant* Lieutenant* 12/1/82 $2,086/mo. $2,219/mo. Wheeler, Robert Sergeant** Lieutenant* 4/1/82 $2,086/mo. $2,219/mo. Carrick, Alice Records Supervisor** Office Manager* 4/1/82 $1,594/mo. $1,729/mo. * Non-Union/Managerial ** Union ACTION REQUESTED: A motion to authorize the reclassification and promotions as recommended within the FY 82-83 Control Budget amounts. RA:RWJ:dkr Attachments: Job Descriptions f SUBJECT' NO.: 235.015 DEPARTMENTAL PERSONNEL JOB DESCRIPTIONS PAG E 0 F 235.015 JOB DESCRIPTION - CAPTAIN (EXECUTIVE OFFICER) 235.015.10 Definition: Works under the general direction and is responsible to the Chi _. of Police. Shall be directly responsible for the Operations Division and for overall coordination of the Patrol, Investigation and Services Divisions of the police department. 235.015.20 Principal Tasks: Coordinates all activities between respective divisions of the police department. Coordinates and helps prepare divisional budget. Assumes responsibilities of the Chief in his absence, and also the Patrol, Investigative, or Services Division Lieutenant and/or Supervisor in their absence. i, Responsible for the general direction of the Patrol, Investigative, and Services Divisions of the department. Responsible for maintaining an operational plan, consistent with the rules, regulations and general orders of the department, which will serve as a guide to the members of each Division. After conferring with Divisional Commanders or Supervisors, makes recom- mendations to the Chief of Police regarding revision or development of departmental programs and procedures. Reviews overall personnel performance of all divisions and determines need for training programs, equipment and supplies. Regularly inspects all divisions to insure fulfillment of division and department goals and objectives. Reviews personnel problems and makes effective recommendations to the Chief of Police; recommends individuals for commendation, merit recognition or discipline. ���� ���� NO.: 235.015 DEPARV ENTAL PERSONNEL JOB DESCRIPTIONS PAGE OF Responsibility entails directing the preparation of necessary reports on daily activities; interviews individuals and receives, evaluates and acts upon complaints; assigns command personnel to duties within their respective divisions. Insures the establishment of harmonious working relationships and informa- tion sharing between divisions as needed for combined crime reduction efforts. 235.015.30 Minimum Skills, Qualifications and Experience: 1. Demonstrated ability to apply judgement and discretion in performing duties and obtaining departmental performance objectives. 2. Six year's experience in a wide variety of police work, including a minimum of three year's supervisory experience. 3. Associate of Science Degree in Police Science Management, or Administration, or any satisfactory equivalent combination of experience, training and education. 4. An extensive knowledge of modern principles, practices and techniques of police administration, organization and operation, and their application to specific situations. 5. Extensive knowledge of technical and administrative phases of crime prevention, juvenile delinquency control, including investigation, patrol, identification, record keeping, and the care and custody of persons and property. E. A thorough knowledge of criminal and police procedural law. 7. Ability to understand and execute difficult oral and written instructions. Ability to develop and implement special programs. Ability to work with minimal supervision. 8. Ability to assign, instruct and review work of subordinate officers and civilian employees. 9. Highly skilled in written and oral communications with fellow officers,. public officials and the public. MEW 09M SUBJECT- DEPARTMENTAL PERSONNEL NO.: 235.020 JOB DESCRTPTTONS PAGE OF 10. A working knowledge of the geography of the City. 11. In addition to the above, this position requires demonstrated skills (at a satisfactory level) as specified for the Police Lieutenant. 12. Valid Oregon driver's license or ability to obtain one within 30 days of appointment. t, f �+ [S7U 7BJ:ECT: DEPARTMENTAL PERSONNEL N®' 235. 20 0 0 JOB DESCRIPTIONS PAG E Revision Date: 3-9-83 235.020 JOB DESCRIPTION - LIEUTENANT (PATROL/INVESTIGATIVE DIVISION COMMANDER) 235.020.10 Definition: Directly responsible to the Chief of Police for the operation and management of the Division. Coordinates with the Executive Officer as to department and division activities. Shall be directly responsible for the management of the Division and the supervising of Team Leaders or Assistant Team Leaders on an assigned shift. 235.020.20 Principal Tasks: Manages, coordinates and supervises all activities within the assigned Division. Responsible to the Chief of Police for the Patrol or Investigative Division of the department. Responsible for maintaining an operational plan, consistent with the rules, regulations and general orders of the department, which will serve as a guide to the members of each division. Makes recommendations to the Executive Officer regarding revision or develop- ment of programs and procedures. Shall develop intelligence data for the department and report this directly to the Executive Officer. Develops divisional budgets and work programs. Establishes performance goals and objectives for subordinate personnel. Reviews completed performance evaluations and recommends individuals for commendation, merit recognition or discipline. Determines needs for training programs, equipment and l or denial of training requests for divisional supplies. Recommends approva personnel. Monitors and controls Division to insure fulfillment of division and department goals and objectives. Responsibility entails directing the preparation of necessary reports on daily SUBJECT: DEPARTMENTAL PERSONNEL NO.: 235.020 d JOB DESCP,TPTTONS PAG E 0 F ,m.e® activities; intervie°•is individuals and receives, evaluates and acts upon any complaint; assigns command personnel within their respective divisions. Insures the establishment of harmonious working relationships and information sharing with other divisions as needed for combined crime reduction efforts. 235.020.30 Minimum Skills, Qualifications and Experience: 1. Demonstrated ability to apply judgement and discretion in performing duties and obtaining Division performance objectives. 2. Five year's experience in a wide variety of police work, including a i ai r, minimum of one year supervisory experience. I/ 3. Associate of Science Degree in Police Scienc,tor Administration, or any satisfactory equivalent combination of experience, training and education. { 4. A thorough knowledge of criminal and police procedural law. 5. Ability to understand and execute difficult oral and written instructions. Ability to develop and implement special programs. Ability to work with minimal supervision. 6. Ability to assign, instruct and review work of subordinate officers and civilian employees. 7. Highly skilled in written and oral communications with fellow officers, public officials and the public. 8. A working knowledge of the geography of the City. 9. In addition to the above, this position requires demonstrated skills (at a satisfactory level) as specified for the Police Sergeant. 10. Valid Oregon driver's license or ability to obtain one within 30 days of appointment. .i ff SUBJECT: DEPARTMENTAL PERSONNEL NO.: 235-070 JOB DESCRIPTIONS PAG E O F Revision Date: 3-9-83 235.070 JOB DESCRIPTION - SUPPORT SERVICES OFFICE MANAGER 235.070.1.0 Definition: This is a supervisory and confidential management position working under the general direction of the Executive Officer. The incumbent supervises all personnel assigned to the Services Division, plans and directs the activities of the Division, controls the budget and programs of the Division, and must be able to perform all the duties of the Clerk Specialist and Clerk Dispatcher when needed. 235.070.20 Principal Tasks: Responsible^for the management and the operation of the Services Division, under the general direction of the Executive Officer. Maintains daily, monthly and yearly reports, and insures proper recording of �. complaints and filing of records. Evaluates subordinate personnel and determines need for training, equipment and supplies. Assures that personnel are properly instructed in record keeping, and that required discipline is maintained. Reviews personnel problems and makes appropriate recormnendations; reviews and recommends personnel for commendation and merit recognition. Prepares work schedules for Services Division personnel. Acts as personnel officer for Division, determining best qualified applicants for review by the Chief of Police. Performs Clerk Specialist and Clerk Dispatcher duties as may be required. Provides confidential support to administration and other supervisory staff. Responsible for Division budget expenditures, and assists with budget preparation. Acts as Property Control Officer for department, maintaining chain of evidence and keeping proper control of all records pertaining to same. Assures that yearly police auction is held as scheduled. S t Acts as secondary operator for the Integrated Criminal Apprehension Program (•ICAP) computer system, and primary responsibility for department word SUBJECT: DEPARTMENTAL PERSONNEL NO ' 235.070 JOB DESCRIPTIONS PAG E O PF processing operations. Works in harmony with all other Divisions and provides close cooperation and exchange of information needed for combined crime reduction efforts whereby Division and Department goals and objectives will be met. 235.070.30 Minimum Skills, Qualifications and Experience: 1. Demonstrated ability to apply judgement and discretion in performing duties and attaining division performance objectives. 2. Equivalence of high school graduation. 3. Two years of law enforcement experience, or one year and Associate Degree. 4. Ability to pass written and oral examination. 5. Ability to understand and execute oral and written instructions. 6. Must be stable, flexible and able to work effectively with fellow employees. 7. Must have considerable experience in meeting and dealing with the public. 8. Considerable knowledge of police methods and procedures. 9. The ability to develop and apply sound supervisory skills. 10. The ability to assign, instruct and review work of subordinate Services Division personnel. 11. Ability to type 60 wpm. 12. Transcription and dictation experience. 13. Must have considerable knowledge of English grammar, spelling, business English and modern office procedures. 14. The ability to prepare clear and comprehensive reports. M E M O R A N D U M TO: MAYOR AND CITY COUNCIL / 7 FROM: BOB JEAN, CITY ADMINISTRATOR ✓L. DATE: FEBRUARY 14 , 1983 SUBJECT: COUNCIL WORKSHOP, GROUNDRULES, GOALS AND PRIORITIES WORKSHOP: Minutes are attached from the January 31 , 1983 Council Workshop for your review and approval . GROUNDRULES: Receiving no further comment, I updated the Ground- rules as outlined by Helen Terry, adding those items from the 1/31/83 Workshop, and included herein for your review and approval . GOALS AND PRIORITIES: Again, with no further comment the Goals and Priorities list of 1/20/83 was accepted by Council on 2/7/83 , subject to further update after the Town Hall meeting with Board and Committee members set for 3/14/ 83 . ACTION RECOMMENDED: Approve Minutes , Groundrules, Goals and Priorities. A date for any further Council discussion remains for Council to decide. Helen Terry' s materials on interpersonal communications are attached for your review or future use. RWJ dkr � I f i k [!p f` I March 22, 1483 MEMORANDUM TO: Mayor and City Council j FROM: Bob Jean, City Administrator)' SUBJECT: Pay Plan for FY 83-84 Attached is the revised City Pay Plan for FY 83-84 based upon value surveys of job content and comparable worth. This Pay Plan would apply to all non-Union positions and would be the basis for our Union contact negotiations. Recommendation: Adopt the City Pay Plan for FY 83-84. (0447A) L J J SOt'3H .i.N311Z2itld30/;10.L:N.LS?[:II�C!t' ,�.LIJ �n c u u 1 c _ a 33VIS IVNOISS3302Id/SII39VNVW NOISIAIO ¢ p w w m c w E 0 p 1+ u >r O .33V7.S TVNOISS3AO21d/SH3gVNVW NOIJ03S . X a s _ Y 5 S o-•1 N Ip L `� y 1••1 B1H d d M y � •u, ., .,u. 30ZTOd W A w•p .+w wo <� 3 O 6 8 .4 W WO U � w • • e • JI � M N N••1 Q M M H p-1 M :J ty 0 o~ov 0 m u m m u 4 TVNOISS330md-VKVd c•.+ e c lu c e al c w r~ '- QNtl TV0INH03Z 9n M H � V c CL c x aue �. x SLT3?R10M 30NVN31NIvw/su3xHom xZITIZII .r .. w .. t.. •.a w z S S 3 O 3 0 3 + > T 1-•1 H H > > N I-•1 H H H •.1 10 O/ M d Ol Cl d Y u u IVNO LSS330Nd-VZItld/Ttl0Z2I3T0 u u u .-1 d •rl L •d u •.1 u •.d Y fJ M al •Q W•O W 0 W N W N W t9 x U •rl W•N W f9 W 0 W tll W N X N o ¢ oa o¢ o ¢ oa o < ww E N J J co fes.-v 1/1 0 N J 0 Co 0 0 O O .-. N ,p N O O In o .O N p 0 v1 O c0 N O .000 O O ✓1 O O O •. t'1 <"1 O O N O c0 O N O X O O .-•n N r 1•'1 T J N c0 N p o .-r O• 1'1 O In 0 C0 •O N J •n a �--1 N .-•1.1 •-1 J .-y Vl 1-•1 f� .•-1 CI •--1 N N J N Y1 N YJ N O N.•-1 N J r'1 t^1 :V J1 ..• r•1 .-w ,� .r N N N N :V In t1 r•1 J 1 Vf E 1 1 I 1 1 1 I I 1 1 1 1 t 1 1 1 1 1 1 t 1 t 1 1 1 1 1 I I I L O OO vlO •O a0 O X0 .p N 0 OO VlO OO OO O O a c0 a �O Cn O O T 00 '— J1 u•1 O c0 GO.� N O N mO N J �O N O .O 2 O.O O L . CON T•T O,00 00 O n .--1 N N f•'1 J n •O .r O A l N 3 N Vl N n J` I� T f`1 Nl O O .r.Nr .•-1-� .-.� ^I H ti ti N V N N N ^ .•l C'n w cli N c•': J MEMORANDUM TO: Members of the City Council FROM: William A. Monahan, Director of Planning & Development 's DATE: March 15 , 1983 SUBJECT: NFO Appointments The Planning Commission at its regular meeting on Tuesday, March 8 , 1983 , considered four individuals for membership on the NPO ' s. These individuals were interviewed on Thursday, February 10 , 1983 by the NPO Membership Interview Team: _NPO Jerry Linschoten 16120 S .W. Grimson Court 6 Yvonne M. Larson 10730 S .W. North Dakota 7 Richard W. Boberg 10660 S .W. North Dakota 7 Howard L. Cornutt 11720 S .W. Lynn 5 Should each of these individuals be approved as members , the new make up of the NPO' s will be as follows : NPO No. of Members 1 8 2 4 3 8 4 11 5 8 6 8 7 8 The Planning Commission recommended that the City Council approve the four interested applicants for membership. STAFF RECOMMENDATION: Staff recommends that the City Council approve the applications of these four individuals to the NPO' s applied for. S NPO A P P L I CATI ON JAN 51982 IDL" QUESTION: What are NPO's? CITY OF TIGARD ANSWER: The function of each NPO is to be involved in all phases of PLANNING DEPT. the Comprehensive Planning process and the implementation of those plans; to review City plans; policies, projects or other actions affecting the livability of the neighb. rhood, including, but not limited to, land use, zoning, housing, communi facilities, human resources, �G social and recreational programs, tra -ind transportation, environ- 9-10 mental quality, open space and parks; to participate in the process of determining City priorities for capital improvements and development of specific project plans; to keep the neighborhood informed; to seek neighborhood opinion on issues brought before them; to represent the views of the neighborhood in matters of extra neighborhood importance. PLEASE COMPLETE THE QUESTIONS BELOW NAME- A;S C F��T-e_P:S77 ADDRESS 5 4,1 Z O 5 !G X04 5 0 A TELEPHONE NUMBER (Bus.) COA?,— S a c.7 (Res.) PRESENT OCCUPATION qtj^"^ n4or^a okA I—K- F1 RM NAME N4fL- HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? ►►'4 IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA? HAVE YOU BEEN INVOLVED WITH MUNICIPAL OPERATIONS BEFORE? E 4, IF YES, PLEASE EXPLAIN YOUR INVOLV ENT: f} JLA !�= �C-*L df-- ' �- WHAT DO YOU FEEL YOU CAN OFFER AS A MEMBER OF AN NPO? 15 ADDITIONAL COMMENTS: DAYTIME TELEPHONE NUMBER sC1 .4ii9i.Rn N P O A P P L I C A T I O N QUESTrON: What are NPO's? AVSWER: The function of each NPO is to be involved in all phases of ti:c Comprehensive Planning process and the implementation of those plans; to review City plans; policies, projects or other actions affecting the livability of the neighborhood, including, but not limited to, land use, zoning, housing. community, facilities, human resources, social and recreational programs, traffic and transportation, envirotn— .:ental duality, open space and parks; to participate in the Process of determining City priorities for capital improvements and development of specific project plans; to'keep the neighborhood informed; to seek neighborhood opinion on issues brought before them; to represent the Vies of the neighborhood in matters of extra neighborhood importance. PLHASE CM1PLETE THE QUESTIONS BELOW `' r� ' . • ADDRESS A ISIE TELEPHONE NUUBER (Bus.�•� , f (Res.� PRXSENT OCCUPATION l.E Sst FI R3[ NAIIE HO%7 LONG HAVE YOU. BEEN EMPLOYED ;YITJ1 THIS FIRLI? IS THIS ComPANY LOCATED WITHIN YOUR NPO AREA? HAVE YOU BEEN .INVOLVED S",ITII LIUNICIPAL OPERATIONS BEFORE? 1� IF YES, PLEASE EXPLAIN YOUR INVOLVEMENT: I ti WHAT DO YOU F£F YOU CAN OFFER AS A MEME)ER OF AN hTO? T ADD J TI ONAL COM •NTS• ! it _ k-C, [.EPIIO.�:F. IN UL1[lEit —------ _ --- N 1' O A P P L I C A T I O 17 { �3 QGi.%TIox: What are NPO's? The function of each NPO is to be involved in all phases of the Comprehensive Plannin; process and the iloplcmentation of those plans; to review City plans; policies, projects or other actions affecting the livability oft neighborhood, including•, but not limited to, land use, zoning, housing, community, facilitacs, - human resources, _ social and recreational programs, traffic and transportation, environ- ru nt.:l quality, open space and parks; to participate in the process of determining City priorities for capital improvements and development o: specific project plans; to'keep the neighborhood informed; -to seek neighborhood opinion on issues brought before them; to represent the views of the neighborhood in matters of extra neighborhood importance_ PLEASE. COMPLETE THE QUESTIONS 13EL01Y 2iAdtE ' HOWARD L.' •CORNUTT _ ADDRESS 11720- -SW LYNN _ --TIGARD; Qregon TELEPHONE NUMER (Bus_) 641=6143 (Iles_) 620-2180 PRESENT OCCUPATION CPA = Fl Rat NADIE CORNUTT &' STEARNS. CPA' s P.C. .• HOW -LONG HAVE YOU. BEEN EMPLOYED V11TH T11IS FIRLI? 5 years is TIAs COMPANY LOCATED VIXTILI14 YOUR NPO AREA? .No HAVE YOU BEEN...INVOLVED WITH MUNICIPAL OPERATIONS BEFOREI__j�jo IF YES, PLEASE EXPLAIN YOUR INVOLVEMENT: r WHAT DO YOU FEEL YOU CAN OFFER AS A MEME)Urz OF AN A'PO? -have bePri 'a citizen of 'Tigard for nearly 15 years. During this peri=od -of time my wife and I have become well acquainted �til<h. manv Tigard citizens, businesses and institutions, and I feel that I understand their needs and concerns. - { ADDITIONAL Com111iNTS. Specifically , I feel that my community ` _1�Lv :)_lvements and business background can blend the emotional .unci ractical aspects of land use development. D,tr'r1�;s: "rl:t.>:Piio>:F �uaiat:z 641-6143 - - N P 0 A P P L X CATV or: QUESTION: IChat are NPO's? ;.\StiIiR: The function of each NPO is to be involved in all phases of the Comprehensive Planning process and the implementation of those plans: to review City plans; policies, projects or other actions affecting the livability of the neighborhood, including-, but not limited to, land use, zoning, housing, community, facilities, human resources, , social- and recreational programs, traffic and transportation, enviroh- mental quality, open space and panes; to participate in the process of determining City priorities for capital improvements and development of spec$fic project plans; to'keep the neighborhood informed; -to seek uelmhborhood opinion on issues brought before there; to represent the views of the neighborhood in matters of extra neighborhood importance. PLEASE- COMPLETE THE QUESTIONS BELOW NAUE!?=i t'N44L 0l.� a �iz-l�- Al DRESS/0 TELEPHONE NUMBER (Bus. �0 3�' 1 3►( y (Res.p PRESENT OCCUPATIOY FIRM NAME cr F bi Os C'Y 6 7 ' HOIC LONG HAVE YOU. BEEN EMPLOYED WITH THIS FIRM? :2- IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA?HAVE YOU BEEN.INVOLVED WITH MUNICIPAL OPERATIONS BEF011E? IF YES, PLEASE EXPLAIN YOUR INVOLVELIENT:_ TTi:­-- ((D /nL'f/�- C_C!k pr, 'WHAT DO YOU •FEEL YOU CAN OFFER AS A MENDER OF AN Npo!? ADDITIONAL CO\IbmnS: i L'FiC.EPI{O`:F: �iUJIQF:i2 3�I - 1 .j i March 17, 1983 MEMORANDUM TO: Mayor and City Council FROM: Department of Planning and Development SUBJECT: Changes in the Buildable Land Inventory the following chart shows the changes in the City's Buildable Land Inventory as a result of City Council changes to the Comprehensive Plan Map on March 2, 1983, March 14, 1983 and March 16, 1983. Changes March 16, 1983 Acres From Commercial - linear to Medium High Density residential 5.31 From Loc. Density Residential to j Medium Density Residential 24.21 `. From Medium Density Residential to Low Density Residential 7.17 From Medium Density Residential to Commercial - Professional •62 From Commercial - linear to Commercial - Professional 2.49 From Commercial - linear to Commercial - Neighborhood .22 From Medium Density Residential to Commercial - linear .16 March 1, 1983 March 2, 1983 March 14, 1983 March 16, 1983 Total residential acre: 852.95 858.35 858.57 863.91 Total units 8,700.66 8,345.14 8,005.14 8,231.94 Units/net acre: 10.2 9.72 9.32 9.53 s *The lastest density calculations do not include any of the permitted density within Commercial Professiona; zoning areas. The feasibility of this issue is still being discussed between the staff, the attorney's office and the state. i (0051P) r I G�Jal�ilJ� �I�r� � s®ti�a�o March 14, 1983 MEMORANDUM TO: City Council FROM: Planning Staff SUBJECT: Mrs. Ball 's letter of February 7, 1983. On February 7, 1983 Mrs. Ball read the attached letter into the record before the City Council. At that time, Council asked staff to respond to Mrs. Ball's letter by March 28, 1983. Staff's response to Mrs. Ball's concerns is attached for your information. A copy has been mailed to Mrs. Ball. Also attached is a letter from Frank Currie regarding the wetland. i t r ��a®®®a�a�aaa®�®�[aaa®►®� MPM 1. "WHY DIDN'T THE CITY SEND THIS DOCUMENT TO THE BOUNDARY COMMISSION INSTEAD OF THE ONE WHICH INCLUDED ALL THE TRIANGLE PROPERTY BUT OURS?" To my knowledge, the memo from Aldie regarding the omission of Iry Larson's property was sent to the Boundary Commission after the Triangle annexation failed. 2. "WAS THIS DONE SO THAT THE CITY WILL NOT HAVE TO FURNISH US WITH SEWERS AND IF WE DO NOT HAVE SEWER SERVICE OUR LAND WOULD BE UNBUILDABLE AND COULD NOT BE DEVELOPED?" The timing of when the memo from Aldie was sent had nothing to do with sewer service. 3. "IS THE CITY OF TIGARD RESPONSIBLE FOR SO DESIGNATING THE PROPERTY? IF THE ANSWER IS "NO" WHO IS RESPONSIBLE?" The City never designated the property in question as unbuildable. If the designation of unbuildable has been placed on the property, I assume it was done by the County. 4. "DO YOU AGREE WITH KEN MARTIN IN REGARD TO NOT BEING ABLE TO DE-ANNEX PROPERTY UNLESS THE TAXPAYER ASKS TO BE DE-ANNEXED AND SIGNS DOCUMENT SO REQUESTING?" The property owner would have to agree to de-annexation of any property by s_2,ning a petition. 5. HAS THE CITY OF TIGARD COUNCIL BEEN AWARE OF THIS DISCREPANCY? I don't know if the City Council has been made aware of any discrepancy between annexation 1668 documents submitted to the Secretary of State and those approved by the Boundary Commission prior to your bringing it to our attention. 6. "UNDER WHAT AUTHORITY WAS THE CITY RECORDER AUTHORIZED TO CHANGE THE LEGAL DOCUMENTS SUBMITTED UNDER ORDINANCE 81-30 WHICH INCLUDED THE 1668 ANNEXATION?" I don't know what authority the City Recorder would have to change any legal documents no- that the City Recorder has changed any documents. 7. "UNDER WHOSE AUTHC 1"i 1 WAS 'I HL SWORN S7 A'I E:MEN1 REINOVLD FROM '!HE SECREl AR1 OF STATE'S RECORDS " I don't know under whose authority a statement would be removed from the Secretary of State 's files nor do I know that this has occurred. 8. "AS THE CITY COUNCIL ARE YOU AWARE ThA7 THIS HAS HAPPENED?" I don't think the city Council has been made aware of this prior to you; letter. 9. "IS THIS THE REASON 1HE CITY OF TIGARD USES MAPS 1HAT DO NOT SHOW US IN THE CITY WHEN THEY tiAVE SENT 01-HER DOCUMENTS TO 1HE BOUNDARY COMMISSION FOR ANNEXATION?" The City does not usa maps that show Mrs. Ball 's property out of the City because of changes in legal documents. The City uses maps made available to us by the county. 10. "IS PHIS WHY THE COUNTY HAS US ON THE COMPREHENSIVE PLAN MAP AS IN THE COUNTY?" I assume that the County shows Mrs. Ball's property in the county because the maps have not been updated but I don't know for sure. 11. "IS THIS WHY ON THE MAPS I HAVE SEEN AT THE METROPOLITAN SERVICE DISTRICT THEY SHOW US IN THE COUNTY AND NOT THE CITY?" The City has no control over the maps that the Metropolitan Service District chooses to use. 12. "HAVE YOU ON THE COUNCIL BEEN ADVISED THAT WE ARE NOT IN THE CITY?" The City Council, to my knowledge, has never been advised that Mrs. Ball's property is not in the City. 13. "DOES THE CITY OF TIGARD PRESENTLY HAVE THIS INFORMATION IN THEIR POSSESSION AND HAS IT BEEN MADE PART OF ZCA 8-81 (1668 ANNEXATION) RECORD? IF NOT, WHY NO1?" The DOR 34-317-81 document is not in the City's 1668 Annexation file. I do not know for sure whether or not that document was received by the City. 14. "IN PLANNING FOR THE FUTURE, IF THE METROPOLITAN SERVICE DISTRICT DESIRES TO HAVE PROPERTY SET ASIDE FOR A PARK AND RIDE STATION, LIGHT RAIL STATION OR REST AREA COULD THEY REQUEST THAT THE PROPERTY BE ZONED SO IT WAS UNBUILDABLE AND THEREBY HOLD THE PROPERTY UNTIL SUCH TIMES AS THEY MIGHT NEED IT? AT A MEETING I ATTENDED IT WAS STATED THEY HAD VOTED TO CHANGE THE ZONING ON SOME OF OUR PROPERTY." The MSD has not requested the rezoning of any property in the City of Tigard. We would not support such a request . 15. "ARE WE IN THE CI1Y 4 '1IGAIiD I+5 OF '�� Dr.l' FELiN'. AF"t i Iyb�?" Yes 16. "IS 11 PLANNED TO KEI-:P OUR PROPERTY IN THE CITY OF TIGARD?" Yes 17. "IF 1HE ANSWER IS "N ARE WE IN 1hi; COUNT' A\: iPii P1t1'.SLN'1 TIME INSTEAD OF THE CITY?" All of the property in question is in the City. \ _ mm7l 18. "IF WE ARE IN THE COUNTY AT THE PRESENT TITLE DO YOU PLAN TO ANNEX OUR PROPERTY AT THE SAkIE TIME AS THE REST OF THE TRIANGLE?" A11 of the property in question is in the City. 19. "DO YOU PLAN TO HAKE OUR PROPERTY BE AN ISLAND?" No. 20. "WAS ANYTHING PRESENTED TO THE BOUNDARY COMMISSION AT THEIR MEETING ON FEBRUARY 3, 1983 TO CHANGE THE STATUS OF OUR PROPERTY OR LARSON PROPERTY?" No, except to annei= Tax Lot 5200 owned by Iry Larson. i' 1 CITY®F TWA RD WASHINGTON COUNTY,OREGON Larch 16, 1983 Geraldine L. Ball 11515 S.W. 91st Avenue Tigard, OR 97223 Dear Mrs. Ball : In your letter of February 28, 1983 to the Tigard City Council , you have quoted I after paragraph three,; from the Boundary Commission staff report; A wetland crosses the middle of the area running from east to west in the vicinity of Dartmouth Street". In the fifth paragraph you state that "there is not a wetland running east and west on vacated S.W. Dartmouth". You have added the word vacated and indicated an alleged wetland as being on instead of "in the vicinity'--o-f--5-.-W. Dartmouth. These subtle changes in text make a large di erence in meaning and interpreta- tion of the intent of the original statement in the Boundary Commission staff report. In summary, there is indeed a wetland in the vicinity of S.W. Dartmouth west of S.W. 68th. Please see attached topography map. Sincerely, i Frank A. Currie Director of Public Works enclosure j FAC/dc i 12755 S.W.ASH P.O. BOX 23397 TIGARD, OREGON 97223 PH:639-4171 MEMORANDUM TO: Members of the City Council FROM: William A. Monahan, Director of Planning & Development DATE: March 21, 1983 RE: LCDC Acknowledgment Process Attached please find a letter from the LCDC Director, James F. Ross, notifying the City that a 90 day extension has been granted to our Comprehensive Plan. Our new date for review is now set at June 9, 1983. Based on recent progress i-i completing the adoption of the plan elements and maps, it is possible that I this date will be reached. l I l Department of Land Conservation and Development VICTOR AnYEH 1175 COURT STREET N.E., SALEM, OREGON 97310 PHONE (503) 378-4926 OOVEIOIOM March 16, 1983 The Honorable Wilbur Bishop Mayor, City of Tigard PO Box 23397 Tigard, OR 97223 Dear "ayor Bishop: On March 11, 1983, the Commission approved the enclosed order allowing the Commission to again consider your acknowledgment request beyond the 90-day statutory review period. You will be notified when your plan has been scheduled for Commission review. Please contact your prthenenclossdJim ordertorathetreviewOofJif yo your have any questions concerning acknowledgment request. Sincerely, J s F. Ross erector JFR:dl 5411A/3C/3142B-7/6B Enclosure cc: Washington County Board of Commissioners City Planning Director Coordinator Real Estate Division Field Representative Lead Reviewer DLCD Library Objectors and Commentors BEFORE THE _ LAND CONSERVATION AND DEVELOPMENT COMMISSION OF THE STATE OF OREGON IN THF MATTER OF ) COMPLIANCE ACKNOWLEDGMENT THE CITY OF TIGARD'S REQUEST ) REVIEW POSTPONEMENT FOR ACKNOWLEDGMENT OF COMPLIANCE ORDER 83-EXT-61 On July 1, 1980, the City of Tigard, pursuant to ORS 197.251 (1981 Replacement Part), requested that their comprehensive plan and implementing measures be acknowledged by the Land Conservation and Development Commission to be in compliance with the Statewide Planning Goals. Oregon Law, specifically ORS 197.251(1) , requires that the Commission f review and approve or deny the request within 90 days. The Commission finds, however, that pursuant to ORS 197.251(1) (1981 Replacement Part) the following extenuating circumstance(s) will again necessitate a delay in Commission review of the Comprehensive Plan and Implementing Measures of the City of Tigard. Due to the significant amount of staff time necessary to process the numerous acknowledgment requests and the time required to obtain needed compliance revisions, the Department is unable to review the request and prepare staff recommendations within the required 90-day time period. Review of the City's plan for acknowledgment will occur by June 9, 1983, unless an additional postponement is granted by the Commission. DATED THIS 16TH DAY OF MARCH, 1983. FOR THE COMMISSION- ) OMMISSION• Jam s F. Ross, .Direc or De rtment of Land nservation and Development JFR:dl 4904A/3192B-12/68 MEMORANDOM March 17 , 1983 TO: City Council FROM: Planning Staff �w SUBJECT: Street Dedication, Lasal Land Development SDR 25-81 The attached street dedication was required as a conditon of approval for SI3R 25-81 . The documents have been reviewed and approved by the City Attorney, the Engineering Superintendent and the Plarning .Commission President. Staff request that the Council approve the street dedication and authorize the City Recorder to sign. P16,—,-CT NA_tiIE: art FILE REFERENCE : L ADDRESS: TAX MAP: 151 ? TAX LOT: STREET DEDICATION IC T ALL ti1EN BY THESE PRESENTS, THAT Mary Ann McGrath, Mary Jensine McGrath„ Piper Ann McGrath, Helen Pedersen, S. R. McGrath, trances Pedersen, Jeanette Pedersen, S. R. McGrath Custodian for: Edward S. McGrath hereinafter called grantor(s) , for the su---i of $1.00 constituting the actual consideration for this deed, do hereby give, grant and dedicate to the Public, its successors and assigns, :rpetual right-of-way and ei:sement for street, road and utility purposes on, over, across, under, along and within the following described real premises in Washington County, Oregon SEE ATTACHED EXHIBIT ^A" To Have and to Hold the above eescribed and dedicated rights unto the Public for the uses and purposes hereinabove state(:_ The grantor(s) hereby covenant that he (they) are the owner(s) in fee simple and have a good and legal right to grant Lis rt-heir) rights above described_ IN WITNESS %-.*HEREOF, the grantors) have hereunto set his (their) hand(s) and seal(s) this a4th day of February 1983 cam'_ Wil. (SEAL) ` �' /yL[L ZSL1��Z �/ A, (SEAL) Mary PAn ra 1 (S AL) i (SEAL) Jens:LneA6G th ` S. R. McGrath SE �'��z�� (SEAL) ` e en a er r" (SEAL) Aw ! awe—zk f S. ;--v (SEAL) STATE OF OREGON ) SS. County of Washington ) On this a4th day of February 19 83 , personally ampeared the above nam- ed, Mary Ann McGrath, Mary Jensine McGrath, Piper Ann McGrath, Helen Pedersen, S . R. McGrath, Prances PeAer-sang JPanettP Pad; •sPn. S. R. McGrath Custodian for: Edward S. McGrath and acknowledged the foregoing nstr=ment to be their .roluntary act and deed. Before me: Notary Public for Oregon Ny commission expire : 4-23-85 1tLI'L':121•;NC:�% !•'1 Lli tl ACCEPT.UICE 1. App _owed as to legal description this �9� day of �1 ��V c=`,- _ 19 BY: 4Zy of Tigard Apr-oved as to form this �7 _ day of Ey ` T.torney - City of Tigard Approved this 14 -day of a n � 19 BY: Chairperso ty of Tigard, Oregon Planning Commission Accepted by the .City Council. this � day of 19 City Recorder - City of Tigard ST;'-'t: OF OREGON )SS. Ca ay of On. this day of 19_, before me appeared . and both to me personally known who, being duly sworn, did saY chat he, the said is the Mayor, ani- lie, 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 TESTIMONY WHEREOF, I have hereunto set my hand and affixed vy official seal, this the day and year in this r:y certificate first written. i Notary Public for Oregon yr'✓ Commission Expires Page 2 BUHR EXHIBIT "A" fug t r. :n - t::� a 1 0.0 _ _i _ _ _ _.__. _ _ arse of fest t:ie no: rici i S REGISTERED PROFrs�a�i�A:- KEITH M. CLARK, P.L.s. 3435 N.W. JACKSON RD. HILLSBORO, ORE.97123 PHONE 1-503-648-1250 OF:cGOIV JULY 1^ KEITH 5r.3 8 LARK JLY IG Y u: cp 4i ¢ Q W C• � �. U ?2SS O mono az w o; J CS) -z, m� OO C,F-> w ri 0 \ Lli l��i a Z LE I a� Z) w 3 r u o 'I e, -� y c o�m 1 W" '� w � IE 2") a �- I'�SZ�SZ� mo003 C = � Lu CL \ rz p O m cc C,ti h U w CO � mw ct r0. a ® Omz 0. cr J � v- `` ° U) OD i �1na co OD 3� 3 �d F J U Qi ip�q V' CD 00,) 00 o Q 1,, \` 14 rpa N N dj 00 u n u n V) m1 "�� - oc • U-V \ 60 3,2;oGn. _. 1W3Sd31dOZ'"r sl- CL as— 6f M zboO N Q`� • r.p ZboON` 60'08 F �0 0 w 3 2 Lu ';N � O21w N ��O00 �O \ L7 LLw by N m a.w ¢ Ia z w a i 3 INOO � ZboON___ _� + if w N.I m 4 3 N C O 2 'O N tA6 -c, Ory m `00 \Op ori° ^�O y m t}P j sz sz� J U h i� w 3 Gtl-686 8£9b" 0 o tv Q _l v� j p 1-41L-lON l.j BL'05£-1N/Od r�QO NMI MEMORANDUM March 17 , 1983 TO: City Council FROM: Planning Staff RE: Street Dedication - Dave Hail MLP 21 -81 The attached street dedication was required as a condition of approval of MLP 21-81 . The documents have been approved by the City Attorney, the Engineering Superintendent and the Planning Commission Chairman. Staff request that the Council approve the street dedication and authorize the City Recorder :-o sign. FILE REFERENG� PF�� i, _• TAX LOT: TAX MAP: STREET DEDICATION 83005471 'C40W ;'LL .• ]d BY TECSE P-R SENTS, THA-1 W. L. SAWYER, BERTINA K. SAWHER, husband and wife; DAVL HALL & COMPANY, REAL ESTATE INVESTMENT E D NANCY C. BOONE, PAULI E 4 CUDDY AND EUGENE MOLINARO --- -- here. a`ter =ailed grantor(s) , for the sum of $1.00 constituting the actual consideration for this to the Public, its successors and azsi,:.s deed, do hereby give, grant and dedicate , a perp,-cal richt-o£-way and easement for street, road and utility purposes on, over, cross, (s_der, alcng and withirL the following describ d real premises in Washington Ccua , SEE ATTACHED EXHIBIT "A" ^o Haw_ a^? to Hold the above descr.hed and dedicated rights --.tc• t=e Public for th- u e _.- oaoses nereiaabova- -tare =-- d. The gra.tor(s) herebv covenants that he (they) are the owner(s) in fee simple and have a good and legal right to grant his (their) rights above described. I:i WITNESS NFHEREOF, the grantor(s) have hereunto set his (their) hand(s) and seal(s) this fST,r� day of (SEAL) W. L./ e .R G. BOONE (SEAL) BERTINA K. SA[4YER CY C. B N DAVE HALL & COMPANY, REAL ES A INVESTMENTS (SEAL) (SF;%-'-) ,/� PAULINE CUDDY, y er attorney a.n�t; � �5�'� '�� (SEAL) B : David B. Hall, President � . E M LINA— RAY his torney 1n acE�— STATE OF OPEGON ) SS. County of Wr-HINGTON ) On t_`:is 15th day of February 19 83 , personally appeared the above W. L. Sawyer, Bertina K. Sawyer, Robert G. Boone, Nancy C. Boone _ and acknowledged the foregoing instrument to be their voluntary act and deed. F\:,... ( 4,• Before me: Notary Publ' or Ore — =3 �o My Commission expire 3-13-85 OF 0 FORM N.. 159—ACKNOWLEDGMENT 6Y ATTORNEYAN-FACT. STATE OF OREGON, Washington... County of. i . _ _ .._............�ss. 15thFebuary 19.83.... personally appeared On this the.... __.... - ... .......day of .. ......................._..... ...... Robert G._.Boone a who, being duly sworn (or affirmed), did say that ....he is the attorney in fact for........................................... _ Pauline--Cuddy.and Eugene-Molinaro--...... ......_ .._........-- - and a that ...he executed the'for&gaaf)g instrument by authority of and in behalf of said principal,and....he acknowl- edged said instruifrent to;bchtje act and deed of said principal. c tom(, -.� .. ,j'•.�<..`t Before me: ................... /1 1 <'-'' ^G'I'F•�"" i•;y commission expires: 3-13-8* _........ .......I/.... . ...................................................... e ♦ (Tale of Oe(c-) u t 4 EXHIBIT "A" l A portion of that certain tract of land in the Southwest Quarter of Section 12, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described in that certain agreement between W. L. Sawyer and Bertina K. Sawyer and Dave Hall & Co. Real Estate Investment, recorded as Document No. 81001840, Washington County, Oregon, Deed Records. Said portion being rare particularly described as follows: Beginning at the. Southwest corner of said tract and running thence Northerly along the Vest line thereof 45.00 feet; thence Easterly parallel with the South line of said tract 296.00 feet, more or less, to the Easterly line. thereof; thence Southerly, along said Easterly line 45.00 feet to the Southeasterly corner of said tract; thence Westerly along the South line thereof 296.6 feet, more or less, to the point of beginning. t i E i 144 E h._ A'1 > - ALIP MINOR LAND PARTITION FOR DAVE HALL 6 BOB BOONE IN SW 1/4, SECTIOTi 1.2, T2S, R1W, W.H. City of Tigard, Washington County, Oregon Scale: 1" v 100' 7 October 1981 T.L. 4200 T•L. 4'S06 T.L, 4001 Q 7 1 � r � r r T.L. 5200 T.L. 5000 GAS!Ar.B To 50 r,�E7?TIG tioLlsE ` , p TANK TO IiEMA49 L-J p.SEM'T , lot .25OE ICATtOK � ' ��iLTwwTeel'T '"' 293 _ S W Dvtzt�AM QAAO 0a T.t— i000 T.i. Soo 400 Y.L. 300 OWNER/DEVELOPER TAX MAP Dave Hall 4 Bob Boone 251-12C, Tax Lot 5100 P.O. Box 938 Beaverton, Oregon 97075 AREA 2.70 Acres j����y�^�'�rp� ZONING Bd'1dYt.tC.`a.� 1 n-5 ca�R CREVICE — T= rnt STATE OF OREGON Septic tank on easement F a r�c�c �rx . SS until sewer LID costructed. County of Washington ASSOCLA= n I N C O h V .l N A 7 ! Ii 1,Donald W.Mason.Director of Assessment - and Taxation and Ex-OffSCWFW�&der of Can- CIVIL ENGINEERS veyances for;aid.QOLtnSy.do heia4gtertify that LAND SURVEY"ORS 6 PLANNERS the withifi irtslrlxoeM of,writtng'vr_a'j received 140 N E 'LAIRD AVENUE and recorded in book otYecordsOTsa county. HLLLSBORO.OREGOiV oIt23 ' 5031648.4101 Donald W. Meson.;Diiector of Asaessfnent and Taxation, Ex- 1 o Q O Officio Chief DeputyClerk J O a� 1983 FEB !6 PH 2: 54 Reviewed as to form this r day of G� 19 . By: City Attorney - City of Tigard Reviewed as to legal description this day of �� i G! , 19 � By: — j I� Approved this —L—/4 ;—day of , 19P53 CITY OF TIGARD PLANNING COMMISSION BY: ! Chairman APPROVED AND ACCEPTED this DAY OF , 19 by resolution of the Tigard City Council. Witness my hand City Recorder: Tigard, Oregon i f t i e t �4 t t i i r' I March 11, 1983 TO: Honorable Mayor and City Council FROM: Frank Currie, Director of Public Works SUBJ: P. G. E. Utility Easement The staff recommends that the City Council approve P.G.E. utility easement for the Tigard Senior Center and authorize the City Recorder to sign and return to Portland General Electric. t UNDERGROUND DISTRIBUTION LINE EASEMENT KNOW ALL MEN BY THESE PRESENTS, That The City of Tigard _ (hereinafter called "the Grantors,"whether one or more than one),for and in consideration of the payment of the sum of _ One and no/100------------------- Dollars($ 1.00 --),the receipt of which is hereby acknowledged, hereby grant, sell and convey to Portland General Electric Company, an Oregon corporation_---- (hereinafter called"the Grantee,"whether one or more than one),its successors and assigns, a perpetual easement and right of way under and across the following described parcel of land situated in the Southeast quarter of Section 2, Township 2 South, Range 1 West, Willamette Meridian, County of Washington, State of Oregon, said easement being a strip of land 6 feet wide and 3 feet on each side of a centerline, being more particularly described as follows: BEGINNING AT a Point, said point being the intersection of a Portland General Electric Company power line and the most easterly line of that certain tract of land, as described in Fee No. 79047825, Deed Records of said County, which bears N.0'58103"E., 12.25 feet from the easterly southeast corner of said tract of land; THENCE, along said centerline, N.37'31124"W., 17.70 feet; THENCE, N.23'58127"W., 50.96 feet; THENCE, N.10°55134"W., 39.43 feet; THENCE, N.27'30122"W., 27.21 feet; THENCE, N.89°11'43"W 239.35 feet, more or less to the westerly line of said tract of land and the terminus of said centerline. The above-described centerline is shown on Portland General Electric Company Drawing E-6679, attached hereto which by reference thereto is made a part hereof. TO HAVE AND TO HOLD the above described easement and right of way unto the Grantee,its successors and as- signs for the following purposes,namely: the perpetual right to enter upon and to install, maintain, repair, rebuild, operate and patrol underground electric power lines and appurtenances,and also including,but not limited to,the right to install surface or subsurface mounted transformers, surface mounted connection boxes and meter cabinets and also temporary overhead utility service facilities during construction. Grantors shall have the right to use the lands subject to the above described easement for all purposes not incon- sistent with the uses and purposes herein set forth,except Grantors shall not build or erect any structure upon the right of way without the prior written Consent of the Grantee. If the Grantee, its successors and assigns,shall fail to use said right of way for the purposes above mentioned for it continuous period of five years after installation of said underground electric power lines, then and in that event this right of way and easement shall terminate and all rights and privileges granted hereunder shall revert to the Grantors, their heirs and assigns. The Granton hereby warrant that they are possessed of a marketable title to the property covered by this easement, and have the right to grant the same. The Grantors, for themselves and their heirs and assigns, covenant to and with the Grantee, its successors and assigns,that the Grantee, its successors and assigns, shall peaceably enjoy the rights and privileges herein granted. IN WITNESS WHEREOF, the Grantors have caused this easement to be executed this day of 19_ The City of Tigard By: _(SEAL i (SEAL) (SEAL) (SEAL) STATE OF OREGON l r ss. County of ,19 Personally appeared the above name - -and acknowledged the foregoing instrument to be their voluntary act. Before me: Notary Public for Oregon My commission expires YCW/mm 5-59.37A23 Z ' Tt /00 C/7Y of T/CARO (7/,ARD Scvlec �N Co. P CT.E. CO. N PAD NO.95¢O si•.--- 'x.33' --- y. At AP 2 3o'YV /Bf 56 -- �,1 M FAIR sis-LR. IW L, i •? !v o +I h v T 7o/ • w VILLA Rinf-C Tt 6 O� � � CH.4/ST/Ani CNru�N .ti Book 498 i ^n 0W6C- 331 I M„ �.S ,/51'!1'/2'-' 7-4.7' AVD.fie"n f. g NW.cOR•.LOTS "EDGEWaap" n� T 602 T 603 T 60/ h 1= ?0 10. N s. W a'MARA sT/ZEFr S 9f' 26'3o"E. /V•E.COR,LOT�f n E04EWAop" aEcm CO. PORTLAND.OREGON To CCOAt- ZWA,- F.4TSA16NT TIGARD SEN/OR CENTER SE. wJTfC.2T•1 A/W W. 4!9/Ce.oee. ecus / =So' 2-z3 83 BAS/S t'F BEAR/NGS= Dnays ss ?sac cr crcccco Y C.W. . 3 /8' 2 584 / ��c. roo.E- 667i J PAYMENT OF BILLS FOR COUNCIL APPROVAL 3/28/83 PROGRAM BUDGET Community Services 1.1 Police 7,760.26 1.2 Finance & Records 6,684.45 1.3 Municipal Court 1,016.40 1.4 Library 2,098.99 1.5 Social Services -0- Total Community Services 17,560.10 Community Development 2.1 Public Works 7,702.17 2.2 Planning & Development 2,137.36 {, Total Community Development 9,839.53 Policy & Administration 3.1 Mayor & Council 1,068.92 3.2 Administration 1,903.85 Total Policy & Administration 2,972.77 City Wide Support Functions 4.1 Non-departmental 10,892.43 Misc. Accounts (refunds & payroll deductions, etc. ) 21,537.98 Investment -0- DEBT SERVICE 5. Bancroft Bond & LID Expenses 92,164.27 UNIFIED SEWERAGE AGENCY Contract 76,174.50 TOTAL AMOUNT OF CHECKS WRITTEN 231,141.58 An CITY lar' TIGAKll .o: AE' From Cf7L%� L7' C> �G-C '. Date Subject: U'c Fkn G` ;vc- C-3,- F { CITY OF T'IGARD P.O.Box 23397 9020 S.W. Burnham POLICE DEPARTMENT Tigard,Oregon 97223 On-02-83 TO: LT. KELLEY JENNINGS FROM: JAMES E. CODY SUBJECT: RESIGNATION SIR: I,, JAMES E. CODY DO HEREBY TURN IN MY RESIGNATION, DATED THIS DATE,. 02-02-83 AS A RESERVE POLICE OFFICER FOR THE CITY OF TIGARD. I WISH TO THANK THIS DEPARTMENT AND ALL THE OFFICERS FOR THE KINDNESS AND GOOD TRAINING THAT I HAVE OBTAINED. I HOPE TO RETAIN ALL THIS INFORMATION AND TRAINING,, HOPEFULLY, TO USE IT IN THE FUTURE. DUE TO MY JOB POSITION NOW, IT IS VERY HARD FOR ME TO PUT IN THE REQUIRED HOURS AS A RESERVE POLICE OFFICER. THANKS AGAIN -FOR THE KNOWLEDGE AND TRAINING I HAVE RECEIVED- ESP E CTFL ECEIVED.ESPECTFL , °) AMES E. CODY c IN Ill l�iiii �m MEMORANDUM March 18, 1983 TO: City Administrator/City Council FROM: Chief of Police SUBJECT: O.L.C.C. Renewal RE: PS - ZOOP'S FOOD WA7(LHGCSE 12230 S.W. Ma'.n Street Tigard, Oregon 97223 Sir: It is recommended that this O.L.C.C. renewal request be approved, and forwarded to O.L.C.C. There is no status change involved in this renewal request. Respectfully, `/��� ,� .1`��t-tel/ � R.B. Adams Chief of Police RBA:ac f. M E M O R A N D U M TO: BOB JEAN, CITY ADMINISTRATOR FROM: JOY MARTIN, ADMINISTRATIVE ASSISTANT DATE: MARCH 16, 1983 SUBJECT: AIR CONDITIONER FOR THE COMPUTER ROOM SPECIFICATIONS Specs were developed primarily by Jerry McNurlin during January. They are based on current and projected needs and are listed below: Furnish and install so ready to work upon completion -- All-electric air conditioner r -- Cooling only -- Roof-top unit, mounted so there is no danger of leaks to the computer equipment -- Cool air year-round to 68-70 degrees, with equipment generating 5,000-12,000 BTU's/hr. -- Room thermostat -- Relatively low noise level -- Portable Quote is to be FOB and include electrical wiring and labor BIDS Three vendors, including our current vendor, were selected from previous contacts, references and/or the local phone directory. Specs were sent out early February and all three were received on or before March 4. The companies responding with written quotes are listed below with quote and basic description: 1. Arrow Mechanical Company Plan A: Carrier #48AQ018 $2,279.00 Tualatin Split System, 9,600-10,000 BTU Plan B: Carrier #50YH024 $2,856.00 Roof System, 17,000 BTU 2. Sunset Fuel & Engineering Plan A: Carrier #38GS-018 $2,368.00 Portland Split System Plan B: Carrier #50YH024 $2,722.00 Roof, Self-Contained Unit . . . Continued . . . MEMO - ROBERT W. JEAN MARCH 16, 1983 PAGE TWO 3. Western Engineers, Inc. Carrier #50YH024 $2,935.40 Portland FUNDS Fund transfer of $2,350-Capital Outlay to City-Wide Support. DISCUSSION The split units have the air conditioner on the roof and the air handler mounted on the ceiling. These units are much noisier which is part of the problem now. One company says the noise level is similar to that of a home furnace. The roof-top model is larger than necessary for current needs, but it will allow flexibility for changes and to allow additions to the equipment. In addition, this unit will serve the needs if City Hall moves and the room may have different conditions which may not be as favorable. Costs for duct work increase the costs of this option and will have to be included if we move. Since a move will probably require extensive duct works, this should not be a problem. The roof-top model is $372 more than that transfered, and is approximately $400 more than the lowest cost split units. RECOMMENDATION 1. Accept the three bids as competitive bids. 2. Purchase the roof-top unit, Carrier Model #50YH024 because it is less noisy and will not limit future options caused by a move or needs for additional equipment. 3. Contract with Sunset Fuel and Engineering Co. for the unit and installation since they are low bidder at $2,722.00 pending confirmation of specs and quote. Also, work needs to commence as soon as possible. JM : dkr CC : Jerry McNurlin f__ M E M O R A N D U M TO: MAYOR AND CITY COUNCIL FROM: JOY MARTIN, ADMINISTRATIVE ASSISTANT �� i DATE: MARCH 21, 1983 SUBJECT: AUTHORIZE PURCHASING AN AIR CONDITIONER FOR THE COMPUTER ROOM BACKGROUND The computer equipment's optimum environment is between 68-70 degrees. Currently the room averages 90 degrees and above year round. This high temperature decreases the lifetime of the equipment and there is a potential of losing some equipment. In October of last year Council approved a transfer of funds for an air conditioner. Attached is a description of the selection process and a recommendation. PURCHASING REQUIREMENTS Council, acting as the Local Contract Review Board and operating under rules established in Resolution No. 77-5, must authorize the City Administrator for expenditures greater than $1,000 on a case-by-case basis. For expenditures greater than $2,500 the City must have three oral or written competitive quotes prior to accepting any bid. JM : dkr Attachment i i MiNUUMMURAW 'T CITY F TIO WASHINGTON COUNTY,OREGON March 23, 1983 Mr. J B Bishop Mainstreet Land Corporation 10505 S.W. Barbur Blvd. S-303 Portland, Oregon 97219 RE: Site Design review - Main Street Project Dear JB, I would like to clarify the information which I sent you on March 8, 1983, relative to scheduling your Site Design Review for the Main Street Project. It is essential that you submit a plan in a timely manner in order that we may avoid any obstacle which arise due to existing filing, notice and scheduling requirements. Following is a proposed schedule which I believe would best serve your needs: March 29, 1983 - Actual deadline for submittal. April 7, 1983 - Extended deadline to submit your application for Site Design Review to my office. April 19, 1983 - Planning Commission informally determines if it wishes to take up the Site Design Review on its own motion. April 22, 1983 - Staff will complete the staff report and send notices to those persons required by law to q receive notice. 4 May 3, 1983 - Planning Commission formally reviews the Site Design Review application and Planning Director's decision. May 9, 1983 - City Council could review the Site Design Review application and decision. Due to the nature and importance of this project, I would be willing to- extend the filing deadline from March 29th to April 7th, however, I would only do this if I receive a written notice prior to the 29th advising me of your intent to follow the schedule. f t Since , Q William A. Monahan Director of Planning & Development WAM:dmj 12755 S.W!ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171 March 28, 1983 TO: Honorable Mayor and City Council FROM: Frank A. Currie, Director of Public Works SUBJECT: Re-cycling of newspapers as part of Solidaste Franchise You have received the attached memo from the city attorney' s office and the attached letter from Nancy Alford. In basic sumnarv, Nancy Alford is in violation of Ord. 78-64 in that the franchise is exclusive in determining who can recycle newspapers. She has requested the ordinance be changed or she be given permission to collect newspapers in Summerfield on weekends. The franchised collectors counter with the claim that they pick up and recycle regardless of market conditions and require sufficient volumes to sustain the low market conditions as related to recycling of newspaper. i The Council has the ability to accommodate either position. f MM U UUNNtLL [JAIL I'1,1A.U11L�' 0, L'lb.i SULLIVAN & RAMIS ATTORNEYS AT LAW I TC) Mr. Robert W. Jean, City Administrator 1727 NW HOYT STREET PORTLAND. OREGON 97209 (5031 222.4402 FROM K. Schneider , City Attorney ' s Office RE City of Tigard/Council; Garbage Franchise FACTS The City of Tigard has granted a franchise to certain garbage collectors to pick up garbage , including newspapers , within the City of Tigard. In July of 1982 , a newspaper distributor , Nancy Alford, offered to pick up the newspapers of her customers in the Summerfield area of the city. In October she began the collection service, collecting froma. majority of her customers. In the same month Mrs . Alford was told of the franchise provisions. On December 22, 1982 , the city received a petition representing approximately 105 households in the area asking that the franchise ordinance be amended to permit Nancy Alford to recycle newspapers of those of her customers who wish to use her service. The garbage hauler for that area, Mr. Schmidt, indicates that the portion of his recycling business which Mrs. Alford proposes to take over represents about 250 of his recycling business. Mrs. Alford has not indicated any interest in serving other areas of the city. Mrs. Alford is not doing this to provide a service to her customers which is not now being provided. Mr. Schmidt does pick up the newspapers , as is his right,under the franchise agreement. ISSUES May the city alter the franchise agreement to accomodate Mrs. Alford' s -P request? May the city be subject to antitrust action for failing to amend its franchise agreement to accomodate Mrs. Alford or for its franci:ising arrangements for garbage haulers in general? CONCLUSION Provided appropriate findings are made, the city may amend its garbage franchise agreement to accomodate Mrs. Alford. The state of antitrust law with respect to local government is in a state of flux. what is clear is that local governraents are, at least to some extent, subject to antitrust actions. It is nearly impossible to say what the extent of that exposure is. Garbage franchising is certainly an area ripe for litigation. DISCUSSION r 1 . Amending the Franchise. The City of Tigard has entered into a franchise agreement for garbage collection, including the recycling of newspapers. The agreement is set forth in the Tigard Municipal Code at Chapter 11 . 04 . SKS: ial 2/8/83 Page 1 MINE U UUNNtLL 3 , 1983 SULLIVAN & RAMIS ATTORNEYS AT LAW T<> Mr . Robert W. Jean, City Administrator 1727 N.W HOYT STREET t PORTLAND. OREGON 97209 15031 222-4402 FR(,)M Susan R. Schneider , City attorney' s Office RE City of Tigard/Council ; Garbage Franchise " (a) Subject to the provisions of this section, this chapter , the City Charter, and any amend- ments to these documents, there is granted to the following persons an exclusive franchise to provide service within the exclusive area " T.M.C . 11 . 04 . 040. The service to be provided is defined : " ( i) ' Service ' means the collection and transpor- tation of solid waste for persons for compensa- tion. " T.M.C. 11 . 04 . 030 (i) . Solid waste is also defined : " (j ) ' Solid waste ' means all putrescible and non- putrescible waste , including but not limited to garbage, rubbish, refuse, ashes, waste paper and cardboard ; residential , commercial , industrial , demolition and construction wastes; discarded home and industrial waste; vegetable or animal solid and semi-solid wastes; dead animals, and other wastes. " T.M.C. 11 . 04 . 030 (j ) . The relevant area of the city is designated as Area III under the agreement. "Area III . Schmidt' s Sanitary Service, Inc . , John Schmidt, President, 8325 S.W. Ross, Tigard, OR 97223 . " T.M.C. 11 . 04 . 040 (b) (3 ) . Under Oregon law a franchise is a contract. Rose City Transit Co. v. Portland, 18 OrApp 369 , 525 P2d 1325 (1974) ; Elliot v. City of Eugene, 135 Or 108 , 294 P 358 (1931) . The conditions are binding as the terms of any other contract. See Rose City, 12 McQuillin 934 . 06 at 19. The city may only amend the franchise agreement if the power to do so is reserved. 12 McQuillin 534 . 44 at 116 . The City of Tigard has reserved the right to amend portions of its agreement to permit the withdrawal of certain services. " (d) Nothing in this franchise or this section shall : . . . (4) Prohibit the City Council from withdrawing certain solid waste services by amendment to this chapter on the basis of finding that such a regula- tion is not necessary for the implementation of the purposes of this chapter or a city, county or metro- politan service district solid waste management plan; " T.M.C. 11 . 04 . 040 . In addition, an Oregon court has provided this guidance in construing franchise agreements. SKS : ial 2/8/83 Page 2 U UUNNtLL. DAlL SULLIVAN & RAMIS February 8 , 1983 ATTORNEYS AT LAW 1727 N W. HOYT STREET TO Mr . Robert W. Jean, City Administrator f, PORTLAND. OREGON 97209 15031 22 2-4402 FROM Susan K. Schneider , City Attorney ' s Office RE Cit of Ti and Y g /Counc 'il ; Garbage Franchise " (S] ince the franchise has all the incidence of a contract, the rights and liabilities of the parties to that contract are evaluated in standard contract terms with one notable exception. [Cites omitted. ] ' It is a rule of construction that, if the terms of the franchise are doubtful, they are to be construed strictly against the grantee and liberally in favor of the public. What is not unequivocally granted is withheld, and nothing passes by implication, except what is necessary to carry into effect the obvious ® intent of the grant. ' " Rose City at 1332 . The combination of the reservation to amend to withdraw services and a liberal construction rule in favor of the public means that the Council may withdraw the newspaper recycling in Surnmerfield from the franchise agreement. The amendment must be done by an action of equal dignity. 12 Mcnuillin §34 . 44 at 116 . This means that the amendment must be by ordinance. The ordinance must include a finding that the amendment which withdraws this element of Schmidt' s service is a regulation which is not necessary for the implementation of the purposes of the chapter, or the city, county or metropolitan service district solid waste management plan. T.M.C. 11. 04 . 040 (d) (4) . The following purposes of Chapter 11. 04 are relevant to this issue : " (1) Provides sufficient waste volume to sustain solid waste management facilities necessary to achieve resource recovery goals established by the city, county, State Department of Environmental duality and Metropolitan Service District; . . . (4) Ensure maintenance of a financially stable, reliable solid waste collection and disposal service; . . . (6) Prohibit rate preference and other discriminatory practices which benefit one user at the expense of other users of the service or the general public; . . . (8) Eliminate overlapping service to reduce truck traffic , street wear, air pollution and noise; . . . (10) Provide technologically and economically feasible `. recycling by and through solid waste collectors . " T.M.C. 11. 04 . 020 . Findings for amendment of the agreement must address these purposes. It must also address the elements of the city, county, and MSD plans dealing with solid waste. SKS:ial 2/8/83 Page 3 O DONNELL. DATE I'ebruary .3 , L983 SULLIVAN & RAMIS • ATTORNEYS AT LAW To Mr . Robert W. Jean, City Administrator 1727 N.W. HOYT STREET i`• PORTLAND. OREGON 97209 15031222.4402 FROM Susan K. Schneider , City Attorney ' s Office RE City of Tigard/Council. ; Garbage Franchise If an exception to the franchise ordinance is made , consideration should be given as to whether Mrs . Alfred should be required to take the same responsibilities for service she will provide as the existing franchisees take . For example, franchisees pay the city a fee equal to "30 of gross cash receipts resulting from solid waste services conducted under the franchise . " T.M.C. 11 . 04 . 060 (a) . Such records are subject to audit. There are also requirements for insurance, com- pliance with ORS Chapter 459 , security deposits or performance ponds , limitations on time for collection, provisions for city inspection and limitations on the transfer , suspension or modification of the franchise. T.M.C . 11 . 04 . 070- . 080 . In addition, the city regulates the rates which are charged for such services. T.M.C. 11 . 04 . 090 . 2. Antitrust Considerations . The City Council will be receiving a separate memorandum dealing with the antitrust implications of garbage franchising. The area of the law is new and unsettled. What is clear is that cities can no longer be considered immune from such litigation. Community Communications Co. v. City of Boulder , 102 SCt 835 (1982) . And, such litigation is extremely complicated and expensive. SKS: ial 2/8/83 Page 4 P l WIWI er 21 51 / December , 19 1P Bob Jean, City Administrator 12755 SW Aah Avenue Tigard, OR 97223 Mr. Jean: Not knowing there was any regulations forbludint, a news carrier from recycling their customers newspapers, I offered, in July 1982, to pick up any papers left out for me on Sudday mornings. One of my customers suggested I go through my route on Wednesday since he saw many papers left out then, too. The first and only Wednesday I did, tor. Schmidt sae me and became very angry. He chased me out of Summerfield and called Tigard Police. This is when I learned about Ordinance 78-64, which regulates recycling. This was October, 1982. I have been working with Brad Roast, Tigard Code &nforcement Officer. The enclosed petition I have made for my cuCtomers has taken quite awhile because of the Green River Ordinance, which 14r. Roast said includes my petition. t Of the people on my paper route I have contacted, there were very few :rho were either disinterested with or opposed to my efforts. Some were, in fact, angry that Ordinance 7`3-64 has given exclusive rights to garbage collectors to recyclable materials. . They do under- stand, though, that non-profit organizations are free to ask for recyclables. What I would like is to be able to recycle ghat papers my customers would leave out for me to collect on weekends. Could you please look into either 1. Revising Ordinance 78-64 o; separating recyclables from solid waste and give the homeowner the option of deciding -aho to leave papers for, or 2. Give me permission to pick up newspapers left out for me by my customers in Summerfield on weekenas. I would be glad to turn over a fair percentage to the City of Tigard for this permission in lieu of a franchise. Sincerely, Nancy Alford 11200 SW Greenburg std. '' 57 Tigard, OR 97223 Knc: Petition cc: Wilbur Bishop d MEMORANDUM TO: Members of the City Council — FROM: William A. Monahan, Director of Planning and Development �" DATE: March 21 , 1983 RE: Charles Whipp Appeal Attached are the following materials for your use in preparation for the March 28th hearing on the Whipp appeal: 1. February 2, 1982, Planning Commission meeting minutes. 2. March 2, 1982, Planning Commission meeting minutes. 3. March 2, 1982, Planning Commission transcript. 4. Appeal filed by D. Charles Whipp Jr., March 26, 1982. 5. Notice of Public Hearing for March 28, 1983. 6. Memorandum from Elizabeth A. Newton concerning allegations made by Mr. Whipp before the Council on February 20, 1983. Hearing notices were sent to all property owners within 250 feet of the the project. Please note that some of the persons notified for the March 28, 1983 hearing are receiving notice of this action for the first time. The number of affected property owners has increased substantially as a result of a change in Tigard's Administrative Procedures. The procedure formerly required that a notice be sent to all property owners within 100 feet of a property, it no:: requires that all owners of record within 250 feet receive a notice. TIGARD PLANNING COMMISSION REGULAR MEETING MINUTES - FEBRUARY 2, 1982 Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon 1. President Tepedino called the meeting to order at 7:35 P.M. 2. ROLL CALL: Tepedino, Moen, Kolleas, Christen, Herron, Owens, Bonn. (Speaker and Helmer were excused) STAFF: Planning Director, Frank Currie; Associate Planner, Elizabeth Newton; Associate Planner, Jeremy Coursolle; Legal Counsel, Ken Elliott; Support Services, Diane Jelderks. 3. The minutes of the January 12, 1982 meeting were considered. Commissioner Owens noted the s was missing on her name throughout the minutes. (corrections noted) Tepedino moved for approval of minutes, seconded by Moen. Motion carried unanimously. 4. COMMISSION COMMUNICATION: (a) Chairman pedino ann2unced that Public Hearin items 5.3 - Unified §2werage lAoggy.; 5.4 - The Meadows and 5.4 - Con lona Use Stan rds were being f Qostponed until the March 2nd Planning Commission Meeting. (b) Planning Director introduced the newly hired Associate Planner, Jeremy Coursolle. (c) Commissioner Kolleas infors:.ed the Commission she had been questioned by the Times inquiring if she felt there was a conflict of interest between JB Bishop and Mayor Bishop and if she had been pressured in any way regarding Main Street Land Company's development. (d) Chairman. Tepedino commented that each Commissioner may be contacted by the press and cautioned the Commissioners to be sensitive and caution in their public statements regarding public hearing items, as they are govern by the Open. Hearings Law. (e) Chairman Tepedino distributed his letter written to Jack Nelson, Mayor, Beaverton regarding modification of the floodplain. Included were the responses from Mayor Nelson and Christopher Bowles, City Engineer, assuring Chairman Tepedino this modification would have no negative effect on Tigard. (f) Chairman Tepedino inquired if Staff could give status of the Urban Renewal Agency - Downtown Tigard Revitalization describing boundaries and the effect on shops within that area; Planning Director roughly described the boundaries and the creation of the Urban Renewal Agency. He stated Tax Increment Financing would be going to the vote of the people. Invited concerned citizens to come to City Hall in order to go into more detail. (g) J. Allan Paterson stated, there was only a small amount of Tax Increment Financing available which would only finance a little bit of planning. As of this time nothing has been decided as to what will happen to property within the revitalization area. Explained how Tar. Increment Financing would affect a business that expanded and have no affect on a business that was already improved to 100 per cent. PLANNING COMMISSION MINUTES March 2, 1982 Page 2 ® Commissioner Speaker inquired if applicant would agree to approval under the condition if they should change the type or scope of their business they would have to return to the Planning Commission for approval; Applicant agreed, o Commissioner Bonn moved for approval of CU 3-82 per Staff Findings and Conclusions including the following additional condition: 2. Application is approved for permission to supply Veterinary Clinic Services, should any significant change be contemplated in type or scope of business conducted, they shall return to the Planning Commission for amendment of the Conditional Use Permit. Seconded by Commissioner Speaker. Motion carried unanimously. Commissioner Owens arrived 8:00 A.M. 5.2 SENSITIVE LANDS PEF14IT M 3-81 - Unified Sewerage Agency NPO # 7 Request to install a underground sanitary sewer line from S.W. Tiedeman west to S.W. 121st Street. (a) Staff Report was read by Associate Planner, Newton. (b) APPLICANT'S PRESENTATION - Robert Cruz and Paul Klope, Unified Sewerage Agents, were present to answer any general questions the Commission might have. Mr. Cruz informed the Commission, since the original hearing of September 8, 1981, they had been working with the City of Tigard, Corps of Engineers and property owners addressing concerns. They specifically worked with Mr. Ott, which brought about some major changes. Mr. Cruz stated they agreed with the Staff Report and would have no problems meeting Staff's requirements. (c) PUBLIC TESTIMONY Dale M. Ott - 11900 S.W. 116th, Tigard, Oregon, stated he had no problem with alignment. However, he wanted to raise a question as to when the pump station would be eliminated. His main concern being the pump station which keeps over-flowing onto his property. o Commission requested applicant to respond to Mr. Otts concern; Mr. Cruz stated pump station was privately owned and even though this line was in the design it was not in their contract and suggested Planning Director would be better able to respond to this than USA. o Planning Director stated that elimination of this particular pump station was not one of the aims, but something that would be completed in the future. Further discussion followed between Commissioners, Staff and opponent regarding raw sewer problem. o Commissioner Speaker suggested Mr. Ott contact the City directly regarding his concern as it was not directly connected with applicants request. o Mr. Ott then raised a question in reference to Section 18.57.070 (a) (1) regarding the affect this project would have on the watershed; Mr. Cruz stated this project would have no permanent affect, however, upstream development might and Staff would have to respond to that issue. PLANNING C014MISSION MINUTES March 2, 1982 Page 3 • Discussion followed among Commissioners, Staff and Applicant regarding affect construction would have on floodplain , time construction would occur, how they would accomplish installation and how the CH2M Hill study would be used in the evaluation of this and future projects. • Public Hearing Closed COMMISSION DISCUSSION AND ACTION: • Moen commented that the need is there and in order to prevent tearing up the floodplain more than once, make sure a large enough line is used to carry future development. • Moen moved for approval of Sensitive Lands Permit M 3-81 for Unified Sewerage Agency subject to Staff Findings and Recommendations, seconded by Commissioner Herron. Motion carried unanimously. 5.3 CONDITIONAL USED STANDARDS - moved to end of Public Hearings 5.4 CONDITIONAL USE CU 6-82 Tri-Met NPO # 1 A request to locate a Tri-Met bus time-transfer center in a C-3 General Commercial zone. (8960 S.W. Commercial Ave_ WCTM 2S1 2AA lot 4800) (a) Staff Report was read by Associate Planner, Newton- (b) APPLICANTS PRESENTATION - Lee Hames, Capital Development, representing Tri-Met, explained how they had been looking at locating a transit center in Tigard for the past two or three years. They analyzed several sites and determined Mr. Kadel's property would be the most appropriate. She explained Tri-Met has filed for a grant which will pick up approximately 80% of the cost of this project with funding available sometime in August. She stated Steve Smith, from Tri-Met, was also available to answer any questions. Discussion followed between Commissioners, Applicant and Staff regarding issues of parking, traffic congestion, pedestrians crossing railroad tracks, feasibility of busses (especially articulated ones) negotiating turns on specific streets and possible need for installation of traffic light. Public Hearing Closed. (c) COMMISSION DISCUSSION AND ACTION: • Commissioner Christen inquired what overall cost would be; Applicant responded, estimated cost 1.2 million with half of the cost for the land and the remainder for removal of existing building, construction of new building and landscaping. • Commissioner Herron moved for approval of Conditional Use CU 6-82 per Findings of Facts and Recommendations by Staff, seconded by Commissioner Helmer. 0 Motion carried unanimously. Planning Commission - March 2, 1983 SENSITIVE LANDS PERMIT M 3-81 - Unified Sewerage Agency NPO #7 Liz Newton This is a Sensitive Lands Permit for the Unified Sewerage Agency and NPO #7. The applicant is Unified Sewerage Agency and there are several property owners listed, requesting for a sensitive lands permit to install an underground sanitary sewer line. The location is various property north of Southwest Walnut between Southwest Tiedeman and Southwest 121st Avenue. On Sepatember 8, 1981, the Tigard Planning Commission tabled the sensitive lands request until the following conditions were met: Installation to be realigned to avoid gsiax1xxx:t:imxxsf destruction of existing streets, Public Works Director to supervise this installation. U.S.A. coordinated this project for Tigard School District in relation to actual location of the proposed line in the Tiedeman/Tigard Avenue area. U.S.A. to present final plans to the Planning Commission in the future which would address the concerns voiced by property owners in this September 8th meeting. No construction to commence until the engineering plans have been approved by the Public Works Director binding the Unified Sewerage Agency is proposing to construct the sewer line within the 100-year floodplain and greenway area as identified on the City of Tigard Comprehensive Plan, and we've out- lined Section 2.57.040 of the Tigard Municipal Code, which deals with uses and activities allowed with special use permit, and you will note i, that public improvements. . .. . . .. .. Mumbled voice "B?" Newton 1D right, Utilities. Okay, uh, number 3 - The City of Tigard-Engineering Division has reviewed the engineering plans for the project estimated by the U.S.A. and construction land with minor changes. Particularly, =sasoo�n.�o ����ffi ffi M '3-81 - Page 2 i the Engineering Staff has asked Unified Sewerage Agency to propose another option for crossing the streets which would involve an open trench and would not include the The proposed Scholl trunkline will have the capacity to replace the existing Leron Heights line in the future. The proposed Scholls trunkline will accomodate anticipated development west of 121st. The engineering plans have been made available for interested residents in the area to review. Conclusion - Section 18.57.040 (1) of the Tigard Municipal Code allows utilities facilities within designated greenways. Section 18.57.040 (2) addresses uses allowed with a special permit in greenways and floodplains. The proposed sewer trunkline will not impede or interfere with the flow of flood water within the district. The construction of the sewer line will change the flow of water and also the velocity however these changes will occur during construction only, and will not be permanent. It is anticipated that the existing Leron Heights trunkline will be abondoned in the future, and the City of Tigard will tie existing and proposed lines into the larger capacity Scholls trunk line. Staff recommends approval of the Sensitive Lands Permit for construction of the proposed Scholls trunkline within the 100-year floodplain and dedicated greenway, based on findings as follows: Tigard Municipal Code allows utilities facilities within a designated greenway with a special use permit. Construction of the Scholls Ferry Sewer trunklin will not permanently impede or interfere with the flow of flood waters within the 100-year floodplain. Further, staff recommends the following conditions be attached for approval of the sensitive lands permit M 3-81; City of Tigard inspector shall be contacted before existing City sewer lines are uncovered and covered, m �a �® M 3-81 - Page 3 to insure proper care is taken to protect these facilities during construction. The contractor shall restore in the street to acceptable City standards after construction. Tepedino: Thank you staff. May I have the applicant's presentation, please. CRUZ: Good evening, my name is Robert Cruz, I am the collection systems division engineer of Unified Sewerage Agency, the applicant for this sensitive lands permit. I am here primarily to try to answer any general questions that may arise in relation to the Scholls trunk, additionally, Paul Klope who is a design engineer with the agency is also in the audience. He is the project engineer and surveyer for this particular project and is here and available to answer any specific questions that may arise. As you may know, U.S.A., or Unified Sewerage Agency is charged with the responsibility of collection and treatment of sewage within the incor- porated areas of Washington County. To do so, in order to meet that requirement, we are in the process of implementing a master plan that was adopted with the formation of the agency, back about 12 years ago. The Scholls trunk is one portion of the master plan. This portion of the Scholls trunk which is located between Tiedeman Avenue approximately and S.W. 121st Avenue is located completely within the City of Tigard, and within the 100-year floodplain. Aside from taking off from an existing pump station that is owned and operated - maintained by Unified Sewerage Agency of S.W. 121st Avenue, it's primarily there to enable the City of Tigard to implement it's own comprehensive plan as adopted for future development. Another portion of the Scholls trunk was built or constructed about 3 to 4 years ago, and that portion exists from S.W. 121st Avenue to S.W. 130th, so in essence, this portion of it will eliminate quote, a missing link, between the two, and also `tl a� M 3-81 - Page 4 enable the City of Tigard to eliminate, if they choose an existing privately oxaned pump station, but as I undetstand it, uh, maintained by the City of Tigard. I believe that the staff report covers adequately some of the background as to how we got here tonight, in addition to the public hearing that we've had here in Tigard, or hearings, we've had numerous meetings and made applications to the various jurisdictions - other jurisdictions that we have to get permits from, including the division of state lands, U.S. Army Corps of Engineers, and Washington County, and obviously in addition to the property owners along its route. The primary reason for tabling a decision at the September meeting was to try and address everyone's concerns that were raised at the last public hearing. We feel that we have done so - that we have addressed everyone's concerns. That's not to say that we have solved or eliminated everyone's concerns, that's an impossibility; primarily because different concerns conflict with other jurisdictions concerns, for instance, one of the items that we were to deal with was to try to eliminate the destruction of as many trees as possible - and that's also one of our intents. U.S. Army Corps of Engineers emphasized that also. One of the property owners, however, would like us to move the line onto an open grass area, to eliminate interference with the ball field. Obviously we can't meet both concerns, so we've left kkal the line in that area primarily in the grass area. As you also may recAll, Mr. Ott testified at the last public hearing. We've met individually with him, and have come up with a significant alignment change there, and we believe that we have solved his concerns. There have been other minor design changes in regards to some of the concerns Cityof Tigard's staff has had. We've met with them, and hopefully have addressed those also. So in conclusion, obviously we agree with the staff recommendations, and have no problems with the conditions that M 3-81 Page 5 have been attached to the approval, - should you approve them. Thank you. Tepedino Thank you, Mr. Cruz. Are there any parties that wish to speak in favor of this proposal? Those in favor. Any parties wishing to speak in opposition - those against this proposal. Let's hear it. OTT: My name is Dale Ott. I live at 11900 S.W. 116th, and I'm standing here with a different idea in mind than the reason I thoug)3t I came to this meeting. Mr. Cruz and I had a little discussion prior to the meeting. I understand they have in fact acted to allay my fears and my problems. I no longer have a problem with the alignment of the line. However, I heard a comment that I think I have to at least raise a question on. 1 understood that one of the stated purposes of this trunk system was to eliminate 2 pump stations. The one that's owned by Unified Sewerage Agency at 121st and the one that's owned by City of Tigard, or Mr. Patterson, whichever, off in the field behind 116th. What I'm hearing now is a question mark. This trunk may eliminate that pump station. I believe Mr. Cruz's words were that the City in effect would have the option - that they could decide to eliminate that tie-in to the U.S.A. trunk. Now this is of great concern to we because one of the main reasons that I'm conceptually in favor of this line, from the standpoint of the way it affects me is simply the fact that I'm tired of that pump station going down, and raw sewage overflowing in my back yard, which has happened probably six times in the past year for periods varying from i day to of up to about 3 days at a run. So I am raising this question, and I don't know what other point to take to do it. Is it or is it not going to intercept that 18-inch main and short-circuit that existing pump station. Tepedino: Good point, Mr. Ott. We'll try to get that answered for you during M 3-81 - Page 6 r the period for cross-examination and rebuttal. Any other parties i wishing to speak in opposition - those opposed to this issue? Okay, now is the opportunity for cross-examination and rebuttal on Mr. Cruz, can you respond to Mr. Ott's question? Cruz: Since the pump station is .,privately owned, and as I understand it, maintained by the City, I believe probably Mr. Currie would be better to answer it. I think he knows the particulars a lot better. I believe there is a contract between the City and Mr. Patterson, of which we_Ire not a party, and so that's why I believe it would be better for Frank to answer that. Tepedino: Frank and Staff, would you respond to that? Currie: Yes, uh, I guess I would have to say that it is no one of the aims of this project to eliminate that privately owned pump station at this time. It is their airm to eliminate the pump station on 121st. It is, however, the City's intent to eliminate the pump station in the future. We are in the process of doing a comprehensive sewer plan now that will probably be one of the questions that is answered by a comprehensive sewer plan when it is finished. We done - it is not prioritized or scheduled right now, but is an intent to abandon that line in the future. Cruz : Possibly to clarify that also, initially we started looking at this project, that was one of the intents that Mr. Ott indicated was for this line to take that pump station off line. At that time we didn't realize that it was privately owned. We thought it was owned by the City and we didn't think that there would be any problem, and so that the line is designed to take that pump station off line. We can't do it as part of our contract. Tepedino: Does that answer your question, Mr. Ott? AMIM M 3-81 - Page 7 Ott: No it doesn't. It doesn't answer my question at all . It stirs up a few more. Perhaps this is not the right forum to look for an answer to this. . . . Tepedino: Well this is the type of forum you have in your rebuttal so if you have a question. . .. Ott: Well, we've been going since last July all the way with the understanding in fact stated, verbally and in writing that this was one of the purposes of the line. I can understand this confusion faxxtk from the standpoint of the Unified Sewerage Agency if they were not at that time aware of the ownership line, but I fail to understand in my own mind, why it's not going to be taken off. I am not happy with the situation. What other recourse do I have? I have some other concerns about this line, which I have chosen not to bring out because I picked my priorities. I said I will if I can get rid of that pump station and the problem, I will not fi ht the trunk sewer line. . . .. Voice: That's not scheduled on the forum. . . . Currie: The Unified Sewerage Agency line is designed to take that flow. It's not just a simple matter tax:Kaksk of disconnecting the pump station and xzconnecting it. The 18-inch line has lines all the way up through, and we want to bring not only the pump station but the 18 inch line also. In order to do that, you've got to disconnectxxkxxx from the 18- and connect to the new:Scholls Ferry trunklin. That's - That I think is another reason Unified Sewerage Agency chose . .. . oil- Okay, well of course, I'm not aware of where the specific connections are to that 18-inch main in terms of the newer developments - Dawn's Inlet, and so on and over off of 113th.. . . Yeh, I'm very concerned about this, because I've been operating for 5 months shooting at the wrong target, I guess. And, it leaves me with a very big question mark as to what my recourse is to get rid of raw sewage in my back yard and dumping into M 3-81 - Page 8 the creek for days on end. Tepedino: Staff, will you respond to that question. That's really a public health kind of question, more than the specific issue as far as the application by the Unified Sewerage Agency. Speaker: Mr. President, I would like to inject one note here, I think that Mr. Ott has a real concern there, but I think the answer to his is not connected directly with this pump line sewer. What you have to dg, Mr. Ott, is work with the City who has some other things that they have to do before that pump station can be eliminated. Ott: I can appreciate that that we're getting off a little bit in left field. While I didn't intent to take this much time, what I would like to do is progress for a few minutes on another matter, which is directly related. I guess I have to back up a little bit as an opponent, if you will, rather than as a rebuttal. This is also more in the way of raising a question in the minds of the Commission, and this is something that you might say that I basically shoved aside as lower priority in my two concerns. I have not lost my first priority, so here goes. I believe, and I'll make this as brief as I can, that somewhere within your Tigard Municipal Code, and since I only have a few pages plucked here, I can't quote you all of the pertinent identification, this is basically under the sensitive lands section, would be, uh, okay, Section 18.57.070 Titled Standards, under the Sensitive Lands Ordinances, wherever that shows up. Uh, I'm going to just read this standard reall quickly as I can, here, Section 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 M 3-81 Page 9 the flood surface elevation or flow rates, or adversely affect flow direction on upstream or downstream properties, or create a present or foreseeable hazard to public health, safety and general welfare. Tksxg That's the pertinent section, so I'll stop there. I would now like uh, out of - certainly not out of context in terms of meanings to condense that, I'm going to take words from that section, and leave out the items that aren't pertinent-consider this, if you will. That ordinance in effect says - no structure shall be permitted which in combination with proposed uses would raise either the flood surface elevation or flow rates. Now it's clearly stated in writing - it's been stated orally, that one of the primary purposes of this trunk is to, if I can choose a word, enable further upstream development - land development, uh, within urban growth plans. In effect, what we are saying is that the proposed use is indirectly going to enable the development of land areas in terms of covering Zkxx with concrete with blacktop with roofs and structures, we are in effect. . .tape.over. ...... ....the water's going to run off. It's going to run off that much faster, it's going to result in certainly higher flood levels downstream. I think these would all be clear facts. I'm simply saying that within the terms of the ordinance, that this project „could in fact, indirectly affect the behavior of the watershed, and the way I interpret that ordinance and it seems quite clear, that unless a project like this is considered in conjunction concurrently with the storm sewer system, which would negate the affects of this change in the run-off pattern on the downstream flood conditions, unless it's considered concurrently and in conjunction with the storm sewer system, it's clearly against the ordinance. That's my feeling. I wanted to raise that question M 3-81 - Page 10 I am concerned about this, I'm not just trying to make waves, I'm concerned about what happens to me 10 years from now when there is 1,000 or 2,000 kaxxag more houses upstream basically, in the summer creek watershed, and the rains come, and they come down to me that much quicker and I'm sitting there flooded. A week and a half ago, I had about 6 inches of freeboard left before the water was in my house. It's a concern to me, because I think that the effect is there. I did pose this question to Aldie Howard, in fact, and what I got was sort of a chuckle, I means he was helpless, I suppose, in that he didn't have an answer, but, uh, his response was well, you know we can't do anything about that. I thiel '-hat the implication was that he agreed that it would have this effect on mg. I'm raising this question - is this sort of a project in effect, a violation of the ordinance? Without some tempering factor included in, in this particular case, what I'm saying is a storm sewer system in conjunction with a sanitary sewer system to counter-balance the effects that it's going to have on the behavior of the drainage. Thank you. Tepedino: Thank you Mr. Ott. Any other parties wishing to speak against this proposal? Mr. Cruz, do you have a response to Mr. Ott's concerns? Cruz: His last questions is something to the effect that is this project in violation of the ordinance? The answer to that question, and I t _nk _hat he indirectly answered it is that this project in and of tseLf is not - this project will not cause danger in raising the flood level, something to that effect. Uh, it's true, indirectly it could have detriment uh, with upstream development. I believe that, and again, aux probably Frank could answer this or redress is better than I can, but I believe that the City of Tigard does have within its realm, storm sewer standards that would take into account, M 3-81 - Page 11 limiting run-off on new developments and things like that, but anyway, to answer Mr . Ott's question, no this project, in and of itself does not violate the code. Speaker: Mr. Skala President, I would ask how much of the upstream from Mr. Ott's house, How much development does the City of Tigard have would the City of Tigard have control of, because- simply because I think it's, uh, you aren't too far from the edge of the City limits, are you Mr. Ott? Ott: I couln't tell you any more. . . . . Voice: I believe the current City limits are at 135th, and I believe that Urban Growth Boundary is somewhat beyond that.. . Currie: 135th right now. . . . Voice: I have a question that's not related . . . there is a mention in here to masa propose someplace that the City Engineering Division asking/fax another obstacle crossing the g:kxaakxixxK1xmdcreek involved and should not include the damn. What damn are you referring to? Cruz The City staff asked that uh, some details be provided in addition to the construction drawings themselves. This particular detail showed that a temporary damn would be built and would leave a 12-inch culvert installed during the operations, during the installation of the 30-inch sewer itself. And what staff has requested, and I believe will make a requirement is to not install the temporary damn during construction - in essence be a wet installation. Do I understand correctly, Frank? Currie: Yes, that's correct. I guess welre not so concerned about that except that we prefer that the contractor have the option whether they would choose the wet installation over this one. Let me zmy*xi if. I may, Mr. Cruz, so what you are testifying is that your construction and installation of this sewer line, in and of itself, M 3-81 - Page 12 would be so designed that it would not adversely affect the floodplain and the holding capacity in the floodplain and direction of velocity of the waters. Cruz: Correct, according to, I believe, your city codegnAx and the Washington County floodplain ordinance, and Division of State Lands law, we cannot fill within the 100-year floodplain, and we won't do it with this project. Voice: It will temporarily affect the flood capacity of the stream? Cruz: It can have temporary during construction - temporary affects, sure. But I take it, when you put your pipe in, you are decreasing the net valible on metric capacity of the floodplain. How are you going to offset that decrease. . .. . . Cruz: There As excavation that is taken off and not put back into the floodplain... .. .... .. .. . .. .. .... . . ..... .extra pipe. Cruz: No, like I say, that's not allowed by any number of ordinances. Does the staff agree to that? Currie: Yes, we've already asked those question. The real problem you know has been a bug on the floodplain, and here's somebody that's going to go smack in the floodplain with a pipe. I don't know where else to put a sewer line. Tepedino: Commissioner. Well, I guess I could comment that since the other part of this was female) pub in behind our property, we haven't noticed any change in the water capacity that goes behind our house. I do have to say, that we saw the most water behind our house since 1974, but that was true everywhere, it wasn't just related to that particular capacity of Summer Creek, there was a problem everywhere. ZMEM M 3-81 - Page 13 Currie: I might add that the City does have a comprehensive storm water management plan from CH2M Hill, which specifically addresses Summer Lake and mitigating measures that will need to be taken on the stream and pertinences over and around the stream, and addresses as far as those things obviously occur within Tigard's area or future area of influence, this is designed to also conduct sewerage from Beaverton, and handle unincorporated area of Washington County, perhaps, and they also have storm runoff standards - I don't know exactly what they are. I think those things are and will be addressed as the development occurs, not as the line is built. I'm not sure they should go concurrently. Tepedino What iaxasx one issue I'm having uh, stirring over in my mind is whether_ the developer wanted to come in and put a big pipeline in the center of the creek, what my reaction would be to him, versus Unified Sewerage Agency, and whether I should treat these people differently , because U.S.A. always wears the white hat, and somebody wears the black hat, and I'm having a real philosophic problem with that. Any other questions. g Commissioner Bob? ex re sed We/ax a number of concerns at the last hearing, i believe, in September, and I understand these have all been addressed in the last 6 months . .. . Currie: Apparentely not all of them have been addressed. . . Comm: Whether or not satisfactorily, it has been addressed.. . Helmer: How soon do you anticipate doing this particular job, this, basically your winter work, or are you looking for the summer time. Cruz: No, and that's why we've been lax in coming back to you, so to speak, we knew we weren-'t going to be able to do it during the winter, so that's why we are back here now. We would hope to be able - in fact, I believe M 3-81 - Page 14 the permit from the Army Corps says that we have to do the installation during the driest period of the year - I don't recall the exact dates, but it's like May to September, something like that. Those dates aren't correct, probably. To try to address Mr. Tepedino's concern regarding :kkKx U.S.A. and/or a developer, a portion of the Scholls trunk was installed three to four years ago was constructed by a private developer. It was obviously done under the approval of U.S.A. and I believe the City of Tigard. So, we are talking about the same project with two different people doing different phases of it. There is also a good possibility that/ax extension from 130th would be done by a private developer. We don't know that yet, but there is a_possibility of that.. .. Currie: .... . .. . .Public utilities.. Tepedino: I see, is there any other comments, or questions from the commissioners? 8ixc Any other comments before I postpone the hearing on this. Postpone the public hearing on this issue. Commissioner Yi�:sa?` M 0eA -G4.,-Q: Uh, well, in terms of Mr. Ott's question, I xasamtd really think that the tie in between this line and future development related to the flookplain issue, is rather indirect, I think that you axxxprobably demonstrated a need that this line needs to be put in. I think the function of whether future development's tied into it is soley a function of how big they make it. Make it small, or bigger. It makes sense to me that they are going to tear up the place, that you ought to tear it up only once, and should make them put in as big a line as practical to handle what may come down the line, and not have to do it twice. I think it's - it seems to me that it's needed, I think it being designed to hook into the second pump station and hopefully to work that out is with the City at this point. I think that Unified Sewerage Agency M'3-81 - Page 15 has done their bit, and I think we ought to get on with it. Tepedino: Would you like to make a motion, sir? Molen: All right, I would like to make a motion for approval M 3-81, Sensitive Lands Permit - Unified Sewerage Agency subject to staffs findings of fact and recommendations. Tepedino: /xxy ydzotion made for approval. Fem�?lP : Second Tepedino: Seconded, further discussion? All those in favor of the motion, signify by saying Aye- Commissioners: Aye Tepedino: Those opposed - No. Y$is� Motion carried. i i�ireraro -Neu nmwwm� ats® l PLANNING COI.IMI SS ION 14INUTES `G/ March 2, 1982 Page 2 -Commissioner Speaker inquired if applicant would agree to approval under the condition if they should change the type or scope of their business they would have to return to the Planning Commission for approval; Applicant agreed. e Commissioner Bonn moved for approval of CU 3-82 per Staff Findings and Conclusions including the following additional condition: 2. Application is approved for permission to supply Veterinary Clinic Services, should any significant change be contemplated in type or scope of business conducted, they shall return to the Planning Commission for amendment of the Conditional Use Permit. Seconded by Commissioner Speaker. Motion carried unanimously. Commissioner Owens arrived 8:00 A.M. _. 5.2 SENSITIVE LANDS PERMIT M 3-81 - Unified Sewerage Agency NPO U 7 Request to install a underground sanitary sewer line from S.W. Tiedeman west to S.W. 121st Street. !' (a) Staff Report was read by Associate Planner, Newton. (b) APPLICANT'S PRESENTATION - Robert Cruz and Paul Klope, Unified Sewerage Agents, were present to answer any general questions the Commission might have. Mr. Cruz informed the Commission, since the original hearing of September 8, 1981, they had been working with the City of Tigard, Corps of Engineers and property owners addressing concerns. They specifically worked with Mr. Ott, which brought about some major changes. Mr. Cruz stated they agreed with the Staff Report and would have no problems meeting Staff's requirements. (c) PUBLIC TESTIMONY • Dale M. Ott - 11900 S.W. 116th, Tigard, Orego4 stated he had no problem with alignment. However, he wanted to raise a question as to when the pump station would be eliminated. His main concern being the pump station which keeps over-flowing onto his property. • Commission requested applicant to respond to Mr. Otts concern; Mr. Cruz stated pump station was privately owned and even though this line was in the design it was not in their contract and suggested Planning Director would be better able to respond to this than USA. Y Planning Director stated that elimination of this particular Gump station was not one of the aims, but something that would be completed in the future. Further discussion followed between Commissioners, Staff and opponent regarding raw sewer problem. S o Commissioner Speaker suggested Mr. Ott contact the City directly regarding his concern as it was not directly connected with applicants request. s Mr. Ott then raised a question in reference to Section 18.57.070 (a) (1) regarding the affect this project would nave on the watershed; Mr. Cruz stated this project would have no permanent affect however, upstream development might and Staff would have to respond to that issue. PLANNING COMMISSION MINUTES March 2, 1982 Page 3 a Discussion followed among Commissioners, Staff and Applicant regarding affect construction would have on floodplain , time construction would occur, how they would accomplish installation and how the CH2M Hill study would be used in the evaluation of this and future projects. i Public Hearing Closed COMMISSION DISCUSSION AND ACTION: s Moen commented that the reed is there and in order to prevent tearing up the floodplain more than once; make sure a large enough line is used to carry future development. Y Moen moved for approval of Sensitive Lands Permit M 3-81 for Unified .Sewerage Agency subject to Staff Findings and Recommendations, seconded by Commissioner Herron. Motion carried unanimously. 5.3 CONDITIONAL USED STANDARDS - moved to end of Public Hearings 5.4 CONDITIONAL USE CU 6-82 Tri-Met NPO # 1 A request to locate a. Tri-Met bus time-transfer center in a C-3 General Commercial zone. (8960 S.W. Commercial Ave. WCTM 2S1 2AA lot 4800) (a) Staff Report was read by Associate Planner, Newton. (b) APPLICANTS PRESENTATION - Lee Hames, Capital Development, representing Tri-Met, explained how they had been looking at locating a transit center in Tigard for the past two or three years. They analyzed several sites and determined Mr. Kadel's property would be the most appropriate. She explained Tri-Met has filed for a grant which will pick up approximately 80% of the cost of this project with funding available sometime in August. She stated Steve Smith, from Tri-Met, was also available to answer any questions. Discussion followed between Commissioners, Applicant and Staff regarding issues of parking, traffic congestion, pedestrians crossing railroad tracks, feasibility of busses (especially articulated ones) negotiating turns on specific streets and possible need for installation of traffic light. Public Hearing Closed. (c) COMMISSION DISCUSSION AND ACTION: o Commissioner Christen inquired what overall cost would be; Applicant responded, estimated cost 1.2 million with half of the cost for the land and the remainder for removal of existing building, construction of new building and landscaping. s Commissioner Herron moved for approval of Conditional Use CU 6-82 per Findings of Facts and Recommendations by Staff, seconded by Commissioner Helmer. 0 Motion carried unanimously. r AECEI�IECa MAR 2 G 1982 BEFORE THE CITY COUNCIL OF TIGARD, OREGON C IGA r ( _ 1llf ET RD c NOTICE OF APPEAL File No. 1 . Name ,� l `/�f��.�C✓� G✓�//�� /� - 2 . Address : // O C�Lt/ ��� ` � Street P .O. Box CiSate Zip Co e 3. Telephone No. : 4. If serving as a representative of other persons , list their names and addresses : 5 . What is the decision you want the City Council to review? (Examples : denial of zone change; approval of variance. ) �t7'T�l F, The decision being appealed was announced by the Planning Commission on Date 7 , On what grounds do you claim status as a party? (See Section 18. 92. 020 Tigard Municipal Code. ) A4P60"Ifx!/ems2, 8. Grounds for reversal of decision. (Use additional sheets if necessary. ) Your response should deal with the following: (a) Explain how your interest is damaged. (b) Identify any incorrect facts mistakenly relied on in the decision or recommendation from which you appeal . (c) Identify any part of the zoning code or other law which you claim has been violated by the decision or recommendation from which you appeal . (d) Describe what decision you are asking the City Council to make. A -Va&-J&4 L d e 9. Estimate the amount of time you will need to present your argument to the City Council . (The Council will schedule more than 15 minutes per side only in extraordinary circumstances. Each side will be given the same length of time for its presentation. ) Signed: C� Date: ###################################,##############-a FOR USE BY CITY Date and time of filing: Date of Planning Commission decision: Date set for Council consideration: Time allowed for arguments : per side Entered by: Amount paid: Receipt #: Page 2 of 2 Notice of Appeal o- AFFIDAVIT WE THE FOLLOWING PROPERTY OWNERS INVOLVED IN CASE NUMBER M-3-81 FILED BY THE UNITED SEWERAGE AGENCY, 150 NORTH FIRST AVENUE, HILLSBORO, OREGON, BEFORE THE TIGARD PLANNING COMMISSION DO HEREBY SOLEMNLY SWEAR AND AFFIRM THAT WE DID NOT GET ANY NOTICE WHATSOEVER OF THE MEETING HELD MARCH 2, 1-982. SIGNATURE: DATE: d C- F'2 L/ 1Ns;"'FoJ'w /1��� Q- A"a . .. ......... AFFIDAVIT WE THE FOLLOWING PROPERTY OWNERS INVOLVED IN CASE NUMBER M-3-81 FILED BY THE UNITED SEWERAGE AGENCY, 150 NORTH FIRST AVENUE, HILLSBORO, OREGON, BEFORE THE TIGARD PLANNING COMMISSION DO HEREBY SOLEMNLY SWEAR AND AFFIRM THAT WE DID NOT GET ANY NOTICE WHATSOEVER OF THE MEETING HELD MARCH 2, 1982. SIGNATURE: DATE: I 17 - 'L i January 4, 1982 Mr. Sid Stecker Permit Coordinator, Portland District U.S. Army Corps of Engineers P.O. Box 2946 Portland, Oregon 97208 RE: Reference Number: 071-OYA-4-004254 Summer Creek-Fill Dear Mr. Stecker: As property owners whose property will be severely affected, we would like to express our deep concern about this project. The sole purpose of this project, replacing a 12 inch inside diameter sewer pipe with a 30 inch inside diameter sewer pipe, is to open up a vast area of land for development. There is no storm drainage in, or near, this part of Tigard and all storm drainage is fed into Summer Creek. This creek is very small and is incapable of handling the amount of storm drainage presently required of it without flooding. Each and every rain storm causes the creek to quickly rise out of its banks. This creek has been declared a sensitive lands area and a flood plain area. A map showing this as such and showing the 100 year flood plain was printed by the City of Tigard in August of 1977. Due to the many developments which have occured in the last four (4) years, the 100 year Flood Plain as shown on the map has almost been reached last year and this year seriously threatening our home. If this project is allowed, the plan will have to be renamed the "Annual Flood Plain Area". The project alone, without the additional storm dainage coming from the future development, is in conflict with the City of Tigard zoning and building code paragraph 18,57.070 which states: "No structure, fill, excavation, storage or other use shall be permitted which alone or in combination with existing or propolsed uses would reduce the capacity of the flood plain 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 foreseeable hazard to Public Health, Safety and General Welfare". The sewer line .having a 30 inch inside Diameter would displace approximately 50 gallons of water a lineal foot when buried in the ground. Over the length of this project, we are speaking of nearly a quarter-million gallons of water being displaced. Summer Creek can not handle even 10110 of that. The Zoning Laws (Paragraph 18.57.060(1)(B) also require: "Plans drawn to scale, submitted in triplicate as prepared by a registered Professional Engineer with experience in Hydraulic and Geoghydrologic Engineering and processes, showing the nature, location, dimensions, elevations and 'topography f� of the site, the location of existing and proposed structures located upon the site, existing and proposed areas to be filled or otherwise modified, and the relationship of these to the location of the stream channel, and proposed methods for controlling errosion". The drawings furnished do not do this, nor are they accurate. The creek bed as shown on the drawings is totally inaccurate for our property-Lot 1202. In fact, The Plannin4 Commission for the City of Tigard turned down the request for a permit due to poor engineering drawings at their meeting on September 8, 1981. i' January 4, 1982 Page Two Mr. Sid Steck U.S. Army Corp of Engineers Portland, Oregon The inaccuracy and incompleteness of the detail of the drawings plus the fact that the sewer line is scheduled to cross the creek 14 times in .8 miles (once every 300 feet) shows to us how little thought was put into the planning of this project. Also, on the drawings, an 80 foot working easement is shown except for the area 29+00 through 31+00. In this area, although not indicated on the drawings, the working easement would have to drop to about 25 feet without an additional easement over the back of our property. Even the 25 foot easement would mean serious root damage and possibly cutting down the few large old trees on our property which just happen to be on that part of our property line. If an additional easement were required, about 1/4 of our property would be taken by the easements and pof value. Whytrees wouldn'tttheerequired easement, which would rbelshown affect the property on this particular part of the drawings? The United Sewerage Agency of Washington County isnot showing gpiny consideration to the property owners nor the general public helping to create another Johnson Creek flood zone by going down uthe direct of this highly sensitive area. There are alternative routes which common intelligence dictates must be used. If this project is allowed to be completed as the United Sewerage Agency of Washington County is requesting, our property and others will be sacrificed and will become completely worthless and uninhabitable. We sincerely request that the permit be denied and that a public hearing be held so that we may further emphasize our objections and concerns. We are also enclosing copies of the flood plain area map as published by the City of Tigard, copies of the related City of Tigard zoning laws, and copies of the original engineering drawing furnished to the planning commission at their meeting of September 8, 1981. Re-pectfully your , D. Charles Whipp, Jr. Paula Rossi 11880 S. W. 116th Tigard, Oregon 97223 503/620-5160 DCW;vs Encl. CC: Les AuCoin United Sewage Agency, Washington County N 0 T I .0 .EO F P U B L I C H E A R I N G C1 OF T1 - - - - - - - - - - - - - - - _ - WASHING0NCOUNTY,OREGON NOTICE IS HEREBY GIVEN THAT THE-TIGARD CITY COUNCIL AT ITS MEETING ON MONDAY, March 28, 1983 AT 7:3 0 p.m . IN THE LECTURE ROOM OF FOWLER 3UNIOR HIGHSCHOOL; 10865 S.W. Walnut, Tigard, Oregon, WILL CONSIDER THE FOLLOWING APPLICATION: APPLICANT: MR. D. CHARLES WHIPP. JR. 11880 S.W. 116th STREET TIGARD, OR 97223 M 3-81 SENSITIVE LANDS PERMIT USA TRUCK LINE NPO #7 A hearing on the Notice .of Review issue and if necessary the substance of the Planning Commission' s approval in March-of 1982 of a Sensitive Lands Permit- for construction of a sanitary sewer truck line. Wash. Co. Tax Map 2S1- 3AA, lots 100 & 101; 2S1 3AB, lots 100 & 300; 1S1 34DC, lots 3601, 3602, 6400, 6500, 6600, 6700, 6800, & 6900; 1S1 34CD, lots 1201 & 1202. (See Map on Reverse Side) THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE l RULES OF -PROCEDURES OF THE CITY COUNCIL. i-TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD. .-FOR FUTHER INFORMATION, PLEASE CONTACT THE CITY RECORDER OR PLANNING DIRECTOR AT: 639-4171 CITY OF TIGARD - 12755 S.W. ASH - TIGARD, OREGON 97223 Corner of Ash & Burnham 12765 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 \ 1 . y . 1t4 J 1 {:•1 P 1t 1S C ' LLO Ta u MU .Q.-W- Ewnft M' 1$ 1 4CO : , "r 1200 •� Q -+�}n_ �• ? !�5*'`.��°(1tt . pry �. ° 1202 ItATIMAINE ST ji � '1rsFa k= ' a,I .` '�36A3 �1� t ` a .•r�s"' � •. - 3601 •-� � ., k t8`1 3AOa+� !Tz 2R 1 3A0�` 100 1, 100 101 31 / 3:W. wAufuT ST. rw MEMORANDUM TO: William A. Monahan FROM: Elizabeth A. Newton 40 SUBJECT: Whipp Appeal After listening to Mr. Whipp's comments on the February 28, 1983, City Council tape regarding his appeal on the USA sewer line sensitive lands permit, I offer the following comments: 1. Mr. Whipp contends that no notices to surrounding property owners were mailed for the March 2, 1982 Planning commission meeting at which the permit was granted. This is correct, however, at the opening of the February 2, 1982, Planning Commission meeting, President Tepedino announced that the USA sewer line Sensitive Lands Permit would be postponed until March 2, 1982. 2. Mr. Whipp said at the February 28, 1983 City Council meeting that the School District filed their appeal on March 26, 1982 earlier in the day. In fact, the School District filed their appeal on March 22, 1983. I was not aware that the School District had even filed an appeal until Mr. W!-Lipp told me on March 26, 1982 when he himself attempted to file an appeal. Mr. Whipp at that time (approximately 4:50 P.M.) also told me that the School District had not filed a fee with their appeal. I checked on that while Mr. Whipp waited and found that indeed the School District had filed on March 22, 1982 and had not paid a fee. Mr. Whipp asked if the School District's appeal was accepted. I told him I didn't know. Mr. Whipp told me he wanted to reserve his right to appeal by filing the appeal but did not want to pay the fee until he found out what happened with the School District appeal. I explained to him that only one appeal need be filed for the item to go foward to City Council. I never refused to accept the money nor did I indicate that the appeal was filed appropriately. I stamped the appeal received and told Mr. Whipp that the City Recorder would have to determine the validity of the appeal. 3. There seems to be a problem with my having "received" the document and the Recorders office never having "accepted" the document. To my knowledge, the document was never, 01accepted" by the Recorder's office although the fee was received. On the bottom of the last page of the appeal form, there is some information required of the City upon acceptance of an appeal. This section has not been completed on Mr. Whipp's appeal form. Please let me know if there are additional items needing clarification on this issue. E 4 I or � ho�o ExPi in hib � � 5 � 5 � e Co �nci March 23, 1983 MEMORANDUM TO: Mayor and City Council FROM: Bob Jean, City Administrator SUBJECT: Pacific/78th Avenue/Haines Road/Dartmouth Extensions LID (Department Extension LID) At the March 16, 1983 City Council Meeting the Council directed the initiation of the Dartmouth Extension LID, and that appropriate documents be prepared by the March 28, 1983 Council meeting. The normal cut—off date for submitting completed materials for the March 28, 1983 meeting was March 18, 1983. Obviously the two working day notice are not sufficient for routine preparation and timely submittal of the needed materials. Staff is working on the project and will include in the packet such materials as we have and hand carry the rest of the materials to the March 28, 1983 meeting. (0051P) t Jf t t M E M O R A N D U M TO: LT . JENNINGS FROM: BOB JEAN, CITY ADMINISTRATOR DATE: MARCH 23 , 1983 SUBJECT: CITIZEN COMPLIMENT TO MAYOR RE. OFFICER MERRILL On Monday, 3/ 21/ 83 , Mayor Bishop received a call from a citizen on Burlcrest who was having a problem with some juveniles and a motorbike. According to the citizen who reported the events to the Mayor, Officer Merrill is to be complimented in his handling of the potentially difficult situation and in problem prevention. The Mayor asked that this be forwarded to the Department and brought to Officer Merrill ' s attention. i Mayor Bishop pointed out that he hears about complaints from citizens , but wants the Department to know of his recognition of the day-to-day job well done that too often is taken for granted. RWJ dkr s IN r i Y k- C a M c r `(kt4(i i r March 28, 1983 MEMORANDUM TO: Mayor & City Council FROM: Bob Jean, City Administrator 66 SUBJECT: Fred Anderson's Letter of March 25, 1983 At 5:00 P.M. on Friday, March 25, 1983, Mr. Anderson delivered and requested a signed receipt by the City of his letter of March 25, 1983 and attachments. in this letter, Mr. Anderson requests a response by the City at the Monday, March 28, 1983 meeting. Other than the general topic of Floodplain Policy, there is no agenda topic on the March 28, 1983 Council agenda pertaining to Mr. Anderson's letter. Any response by staff will be preliminary and as an oral report due to receipt of the request well pant agenda cut—off dates. A written response will be prepared and reported to Council in a timely fashion. cc: Fred Anderson Frank Currie I Pm (0458A) l ANQERSON. 01=MAN Sc ANDERSON ATTORNEYS AT LAW TIGARD PROFESSIONAL CENTER 8865 S. W. CENTER STREET P. O. BOX 23006. TIGARD. OREGON 97223 639-1121 March 25 ; 19 8-3 _. FRED. A. ANDERSON DERRYCKH. DITTMAN ROGER F. ANDERSON City of Tigard Robert Jean, City Administrator P. O. Box Tigard, Oregon 97223 Re : Disposition of Surface Waters , East side and West side of Highway I-5, N. Tigard - S. Tigard Interchange I enclose a copy of my letter of March 23, 1983 to Bob Shotwell and Edward Hardt, both connected with the above refer- enced project on which we understand bids will be considered on March 31, 1983, by the department. As you are undoubtedly aware , page 16 Bl sheet #9B, take- off copy of the pertinent part enclosed for your ready reference , purports to show a 24-inch water drain line extending from the east side of Highway I-5 first southwesterly, thence westerly to I-5 , thence southwesterly to a manhole or such other discharge point on the west side of 66th Avenue , all as generally indicated by the red line on the attached copy. We believe that the Highway Department , perhaps with or without the knowledge or consent of the City , has so planned the drainage of surface waters from the reservoir planned on the west side of I-5 in such manner that the abutting lands of DJB Inc. , our client, will suffer material damage from inundation or subsurface absorption of the water. Our concern in this regard forms the basis of our letter of March 23, 1983 to the highway people as enclosed. I want to emphasize that it is a matter of public concern of the City of Tigard and concern for the property owners as to how the disposi- tion of this water is arranged. I am experienced in the propensities of water and the legal problems that arise therefrom, and the pur- pose of this letter is to document the problem so that if any of these waters are not properly attended by the Highway Department in connection with its construction project with or without the knowledge of the City of Tigard, a claim of lack of knowledge or notice cannot be made in any litigation which may be instituted to rectify any condition which appears to be improper disposition of these surface waters . City of Tigard Page 2 I request your comments in writing as to whetter or not the City of Tigard is a participant in this unacceptable proposal, along with a statement or copy of any documentation you may have with respect to any sols .tion. I ask that a copy of this letter, and your response thereto, if possible , be made part of the documentation normally made avail- able to the council members for the meeting of March 28, 1983, at which time I understand that the Council will consider problems connected with drainage and disposition of surface waters . Very truly yours , ANDERSON, DITTMAN & ANDERSON ed. A, Anderson FAA:pt Enc. C b I � O < �. � .ice /I � •r I ' � 1 $ I ' ; o `o_ 50 •z= �/ C� �, I tip , I I dC'Si0+.36�s P.s T � 1 � O �� r7 ti �'1 1a t ' k 5�W. W.M. I / '5. 2.1 W.,W.M. • �1 f LAS 00" . I 55 :.,• �: �, 1 1 1 � 1 1 � z�^40ty - A• I ,_ H .� 1 1 6�X61 11V i...+ 1 w. /str I 1 I� I 8 i l 60 TI O 1 Z �_� � y, a•I �� j C6p,.p+'d�P.D.T.b j � � O x ti _ 1 •� ' , 1�1� 1 U)Ln 1 ' 9. ZT Z �Iy m 3 ,+ U7' � ' 1 r . 1 �� f --4 co 7M.1—Eg�F.m ANDERSON. L7ITTMAN SC ANDERSON ATTORNEYS AT L.AW TIGARD PROFESSIONAL_ CENTER 8863 S. W. CENTER STREET P. O. BOX 23006. TIGARD. OREGON 97223 503 - 630-1121 FRED. A. ANDERSON DERRYCK H. DL"rTMAN ROGER F. ANDERSON March 23, 1983 Bob Shotwell Edward Hardt Project Manager Metro Region Engineer N. Tigard-S. Tigard Interchange Section 9002 S.E. McLoughlin Boulevard 4755 S.W. Watson Avenue Milwaukie, Oregon 97222 Beaverton, Oregon 97005 Re: Disposition of Surface Waters East side and west side of Highway I-5 N. Tigard - S. Tigard Interchange This letter is being written in our capacity as attorneys for DJB, Inc. and G.L. Ball, who separately are owners of several tracts of land located northerly and/or westerly of Landmark Ford ownership, and southerly of the off ramps at the interchange above mentioned. We have obtained and have at hand in this connection copies of the Department of Transportation plans for the proposed project, which we are informed is now scheduled for bid consideration on March 31, 1983. The plans for transfer of surface waters from the easterly side of I-5 do i:ot include any reliable indication of disposition of waters along S.W. 66th Avenue, and we understand that this is a matter of concern for the Department of Transporta- tion as well. It is our further understanding from Mr. Bob Shotwell that the plans include the construction of a large holding pond approximately due east of the planned convergence of the westerly planned traffic ramps, but that plans with respect to the surface waters are being reinvestigated for-the purpose of determining C the ultimate disposition thereof rather than following the present proposal to release the impounded water westerly of I-5 at 66th Avenue. The vo-lume�of surface w water which we understand will be involved should not be released indiscrimately on the west side of I-5, as it is our opinion this would constitute a violation of the rights of the adjacent property owners. As we understand, the redetermination of the disposition_ of these surface t` waters involves legal as well as physical and topographic problems, but the con- struction contract plans as distributed show only the discharge of such water =. onto 66th Avenue. Our concern includes the rights of adjoining property owners, and we have been assured in this regard that prior to final determination of the issues that are involved here we will be afforded an opportunity to review and i f r Bob Shotwell Edward Hardt March 23, 1983 Page 2. comment on the revised water disposal plans. We believe that this is a very vital aspect of the matter, and our clients are concerned that their rights may not receive proper consideration, resulting in the need for court determina- tion of rights after expensive litigation. Your cooperation in furnishing us a copy of your findings and proposals as the matter progresses will be greatly appreciated by the undersigned. Very truly yours, ANDERSON, DITTMAN & ANDERSON Fred. A. Anderson r FAA:o J City of Tigard Page 2 I request your comments in writing as to whether or not the City of Tigard is a participant in this unacceptable proposal, along with a statement or copy of any documentation you may have with respect to any solution. I ask that a copy , of this letter, and your response thereto , if possible , be made part of the documentation normally made avail- able to the council members for the meeting of March 28, 1983, at which time I understand that the Council will consider problems connected with drainage and disposition of surface waters . Very truly yours , ANDERSON, DITTMAN & ANDERSON ed. A. Anderson FAA:pt Enc. Original received this 25th day of March, 1983. Cityo Tig rd By v� Tit 1e 3 �f�'T 067S5; IVr Qfi CZE` 7� X92 Ca^15-