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City Council Packet - 10/22/1984 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate OCTOBER 22, 1984, 7:30 P.M. sign-up sheet(s). If no sheet is available, FOWLER JUNIOR HIGH ask to be recognized by the Chair at the star 10865 SW WALNUT of that agenda item. Visitor's agenda items TIGARD, OREGON 97223 are asked to be kept to 2 minutes or less; longer matters can be set for a future Agenda by con- tacting either the Mayor or City Administrator. 1. REGULAR MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non-Agenda Items 2, VISITOR'S AGENDA (2 Minutes or Less, Please) 3. SDR 12-84 FINAL ORDER - WESTERN INTERNATIONAL - RESOLUTION NO. 84-_ 0 Planning Staff 4. ZOA 6-84 HOUSEKEEPING FINAL ORDER - ORDINANCE NO. 84-_ 0 Planning Staff 5. CPA 25-84 ESEE DOCUMENT FINAL ORDER - ORDINANCE NO. 84-_ 0 Planning Staff 6. PUGET CORPORATION FINAL ORDER - RESOLUTION NO. 84-_ o Planning Staff 7. LID AUTHORITY ORDINANCE - 2ND READING - ORDINANCE NO. 84-60 0 City Administrator g. COMPREHENSIVE PI-AN AMENDMENT CPA 20-84, ZONE CHANGE ZC 13--84 BUTTERFIELD CAPITAL CORP./WESTLAND INVESTMENT COMPANY - NPO M 1 Review Planning Commission's recommendation for a Comprehensive Plan Amendment from Medium Density Residential to Medium High Density Residential and a Zone Change from R-12 eRYsidoc ted at 9815SW al 12 units/acre) rWalnut R-20 (Residential, 20 units/acre) on property Place, (WCTT1 2S1 280, lot 1501 6 1502). o Public Hearing Opened o Summation by Planning Staff 0 Public Testimony o Recommendation by Planning Staff 0 Public Hearing Closed o Consideration by Council 9. COMPREHENSIVE PLAN AMENDMENT CPA 21-84, ZONE CHANGE 14-84 PACIFIC WESTERN BANK - NPO #5 Review Planning Commission's recommendation for a Comprehensive Plan Amendment from I-H (Heavy-Industrial) to C-P (Commercial Professional) rcial and a Zone Change m lo-H (H avyon the nNEsside lof SW 72ndAve. Professional) on property of SW Tech Center Drive (WCTM 2S1 IDC lot 4100 6 2S1 IDD lot 700.) 0 Public Hearing Opened o Summation by Planning Staff 0 Public Testimony o Recommendation by Planning Staff 0 Public Hearing Closed o Consideration by Council 10, COMPREHENSIVE PLAN AMENDMENT/CPA 22-84/CORNER OF SCHOLLS FERRY RD./NPO M7 Review Planning Commission's recommendation to assign the Medium High ial Comprehensive Plan Map designation to land on the Density Resident northwest edge the city, east of SW Lower Scholls Ferry Road. (WCTM 1S1 33C Tax Lots 301, 700, 800, 1300, 1301 and 1302.) 0 Public Hearing Opened o Summation by Planning Staff 0 Public Testimony o Recommendation by Planning Staff 0 Public Hearing Closed o Consideration by Council o Ordinance No. 84-_ COUNCIL AGENDA - OCTOBER 22, 1984 - PAGE 1 11. TEMPORARY USE/TU 13-83/INSURANCE ASSOCIATES/NPO N 1 A request by Insurance Associates for a one year extension of an existing temporary use permit allowing a mobile office structure. Temporary Use extension are allowed under the provisions of Chapter 18.140.020 C. 4. of the Community Development Code. The property is located at 12501 SW Main St. (WCTM 2S1 2AB lot 2401). o Public Hearing Opened o Summation by Planning Staff o Public Testimony o Recommendation by Planning Staff f o Public Hearing Closed o Consideration by Council 12. BURNAM SEGREGATION o Bob T. Briggs 13. STORM DRAINAGE DISCUSSION o Director of Public Works 14. CIP FINANCE REVIEW (SOC) o City Administrator 15. BOARD AND COMMITTEE WORKSHOPS SCHEDULING DISCUSSION o Mayor Cook 16. VOLUNTEERISM REPORT o City Administrator 17. 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 by motion for discussion and separate action. Motion to: 17.1 Approve Council Minutes - October 15, 1984 17.2 Approve Non-Remonstrance Policy 17.3 Receive and File Departmental Monthly Reports 17.4 Release Funds - Century 21 - Brittany Square 1 B 17.5 Authorize Execution of Crossroads Subdivision Compliance Agreement 17.6 Authorize Partial Release of Funds - Gallos Vineyard Subdivision Performance Bond 18. NON--AGENDA ITEMS: From Council and Staff 19. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (h) to discuss possible i litigation issues. E i 20. ADJOURNMENT 2043A t R R t i 1 COUNCIL AGENDA — OCTOBER 22, 1904 — PAGE 2 T I G A R D C I T Y C 0 U N C I L s REGULAR MEETING MINUTES - OCTOBER 22„ 1984 - 7:40 P.M. 1. ROLL CALL.: Present: Mayor John Cook; Councilors: Tom Brian (arrived 7:38 P.M.), Kenneth Scheckla (arrived 7:37 P.M. ), and Ima Scott; City Staff: Bob Jean, City Administrator; Bill Monahan, Director of Planning & Development; Tim Ramis, Legal Counsel; and Patt Martin, Deputy City Recorder. 2. CALL TO STAFF AND COUNCIL FOR NON -AGENDA ITEMS a. City Administrator asked that Items 13 (Storm Drainage Discussion) and 14 (CIP Finance Review (SDC)) be stricken from agenda. b. Councilor Scheckla asked for Political Sign Discussion. C. Councilor Scott asked for Political Button Discussion. 3. VISITOR'S AGENDA (2 minutes or less) a. No one appeared to speak. 4. SDR 12-84 FINAL ORDER - WESTERN INTERNAT ZONAL - RESOLUTION NO. 84- a. Fred Jensen, 7450 SW Cherry, asked that this itttm be held over to a later date. Director of Planning & Development stated he met with a representative frum Western International. last week. The representative felt they could meet with neighbors to resolve matters . Directur of Planning & Development stated the Planning Policy still had to be dealt with. The Councilor's felt this issue should be tabled no longer than 30 days. b. Motion by Councilor Brian, seconded by Councilor Scheckla, to continue to 10/29/84 but not as a public hearing. Approved by unanimous vote of Council present. S. ZOA 6-84 HOUSEKEEPING FINAL ORDER ORDINANCE No. 84-61 AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE AND DECLARING AN EMERGENCY (ZOA 6-84) a. Director of Planning and Development gave a summary of the ordinance and asked that the location of property map not be published iii the newspaper. He stated this was costly. b. Motion by Councilor Brian, seconded by Councilor Scott, to adopt the ordinance as submitted. Councilors Scheckla, Scott, and Brian all felt the maps were helpful to property owners and recommended the maps be published. Page 1 - COUNCIL MINUTES - OCTOBER 22, 1984 Director of Planning and Development stated the publication of the maps was not part of the ordinance but would continue publishing them as per recommendation of Council. Approved by unanimous vote of Council present. 6. CPA 25-84 ESEE DOCUMENT FINAL ORDER ORDINANCE NO. 84-62 AN ORDINANCE AMENDING APPENDIX I ESEE DOCUMENT, VOLUME 1, RESOURCE DOCUMENT AS ORIGINALLY ADOPTED BY ORDINANCE 83-52 AND DECLARING AN EMERGENCY (CPA 25-84) . a. Motion by Councilor Brian, seconded by Councilor Scott, to adopt Ordinance No. 84-62. Approved by unanimous vote of Council present. 7. PUGET CORPORATION FINAL. ORDER RESOLUTION NO. 84-74 A FINAL ORDER IN THE MATTER OF THE APPLICATION FOR SITE DEVELOPMENT REVIEW APPROVAL REQUESTED BY PUGET' CORPORATION, FILE NUMBER SDR 8- 84, APPROVING THE APPL..ICATION, ENTERING FINDINGS, AND CONCLUSIONS. a. Director of Planning & Development stated the applicant requested that street lights be deleted from the resolution on page 2 since the street lights were already installed. Director of Planning & r Development stated he had talked with Director of Public Works and they both felt this should be left in the resolution to make sure the street lights are updated to the standards . b. Motion by Councilor Scheckla, seconded by Councilor Scott, to approve Resolution No. 84-74. Approved by 3 -1 majority vote of Council present, Councilor Brian voting Nay. 8. LID AUTHORITY ORDINANCE 2ND READING ORDINANCE NO. 84-60 AN ORDINANCE ESTABLISHING BANCROFT BOND PROCEDURES; AUTHORIZING THE ISSUANCE OF BANCR%T BONDS; REPEALING 13 .04.085; AND DECLARING AN EMERGENCY. a. Motion by Councilor Brian, seconded by Councilor Scheckla, to adopt Ordinance No. 84-60. Approved by 3-1 majority vote of Council present, Councilor Scott voting Nay. 9. COMPREHENSIVE PLAN AMENDMENT CPA 20-84, ZONE CHANGE ZC 13-84 BUTTERFIELD CAPITAL CORP./WESTLAND INVESTMENT COMPANY - NPO #1 a. Director of Planning & Development gave a summary of the action the Planning Commission took on this issue. The Planning Commission requested a plan amendment from medium density Page 2 - COUNCIL MINUTES - OCTOBER 22, 1984 residential to medium high density on the property located at 9815 SW Walnut Place. At the same time, the Planning Commission voted unanimously to approve a zone change for the property from R-12 to R-25. The zone change will become effective upon approval of the plan amendment request by Council. b. Public Hearing Opened Proponents Jerry Masey, Westland Investment Co. , 6823 SW Canyon Rd. , Portland, stated the NPO was not against the zone change but just the method of going about the zone change. Opponents Gary Ott, NPO #1, opposed the zone change and felt it was riot consistent with the Development Code. The NPO does riot want high density in this area. C. Public Hearing Closed Councilor Scheckla felt this was a good area since alternate transportation was readily available. d. Staff Recummendatiun Staff and the Planning Commission requested a plan amendment from medium density residential to medium high density un the property located at 9815 SW Walnut Place. At the same time, the Planning Commission voted unanimously to approve a zone change for the property from R-12 to R--25. The zone change will become effective upon approval of the plan amendment request by Council. e. Motion by Councilor Scheckla, seconded by Councilor Brian, to uphold the applicant and Planning Commission' s recommendation for a Comprehensive Plan Amendment from Medium Density Residential to Medium High Density Residential and direct staff to prepare a Final Order or Ordinance as appropriate for adoption on October 29, 1984. Approved by 3-1 majority vote of Council present, Councilor Scott voting Nay. 10. COMPREHENSIVE PLAN AMENDMENT CPA 21-84, ZONE CHANGE 14-84 PACIFIC WESTERN BANK - NPO #5 a. Director of Planning and Development stated the request was for a Comprehensive Plan Amendment from Heavy Industrial to Commercial Professional on the property located on the NE side of SW 72nd Avenue, south of SW Tech Center Drive. ( b. Public Hearing Opened No one appeared to speak. Page 3 - COUNCIL MINUTES - OCTOBER 22, 1984 C. Public Hearing Closed C d. Staff and Planning Commission recommended Council approve a Comprehensive Plan Amendment from Heavy Industrial to Commercial Professional on the property located on the NE side of SW 72nd Avenue, south of SW Tech Center Drive. The Planning Commission voted unanimously to assign the CP zoning designation to the site. The CP zoning designation will become effective upon Council approval of the Comprehensive Plan Amendment. e. Motion by Councilor Brian, seconded by Councilor Scott, to approve the Comprehensive Plan Amendment from Heavy Industrial to Commercial Professional and direct staff to prepare a final order or ordinance as appropriate for adoption on October 29, 1984. Approved by unanimous vote of Council present. 11. COMPREHENSIVE PLAN AMENDMENT - CPA 22-84 - CORNER OF' SCHOLI..S FERRY RD. - NPO #7 ORDINANCE. NO. 84-63 AN ORDINANCE: ADOPTING FINDINGS AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL_ OF A COMPREHENSIVE PLAN AMENDMENT (CPA 22-84) AND DECLARING AN EMERGENCY. a. Director of Planning & Development stated the Planning Commission voted unanimously to recomend to the Council that the Medium High Density Comprehensive Plan Designation be assigned to the six lots. The City Planning Staff concurs. b. Public Hearing Opened No one appeared to speak. C. Public Hearing Closed d. Staff Recommendation Staff and Planning Commission recommended Council adopt Ordinance No. 84-63 . e. Motion by Councilor Scott, seconded by Councilor Brian, to adopt Ordinance No. 84-63. Approved by unanimous vote of Council present. 12. TEMPORARY USE - TU 13-83 - INSURANCE ASSOCIATES - NPO #1 a. Director of Planning & Development stated Insurance Associates is requesting a one-year extension for a temporary use of a mobile home office. b. Public Hearing Opened Page 4 - COUNCIL MINUTES - OCTOBER 22, 1984 Proponent Dan Bertuleit, Insurance Associates, stated no one had objected to having the mobile home on the lot behind their office. He also stated the company had purchased property in which the owner had backed out twice delaying the sale. The property has now been bought and closed so they need additional time until they have a chance to move. Opponent No one appeared to speak. C. Public Hearing Closed d. Staff Recommendation Staff recommended Council approve the one-year extension. e. Motion by Councilor Brian, seconded by Councilor Scott, to approve the one-year extension on the Temporary Use TU 13-83. Councilor Scheckla and Mayor Cook stated Insurance Associ«tes was their Insurance Company but felt had no bearing on this issue. Approved by unanimous vote of Council present. 13. BURNAM SEGREGAIION a. City Administrator stated a memo by the Finance Director was passed out before the meeting. Bob Briggs, Masters Company Northwest Corporation, stated the company had bought the property from Mrs. Burnam with the lots being segregated. The company had then found out the lots had not been legally segregated. Mr. Briggs asked the Council to reconsider having the assessment payments be brought current but rather segregate the lots first then upon sale of each lot the assessment shall become due. He also stated that the City could still proceed with the foreclosure in January of 1985. Councilor Scott felt that Mrs. Burnam did not make any effort in the past 3 years to make payments and should not change their previous motion to have payments be brought current. Councilor Brian felt it would be to the City's benefit to wait and have the payments due upon sale to make it easier to sell the lots. b. Motion by Councilor Brian, seconded by Mayor Cook, affirm to allow the lots to be segregated, pro rata LID be due on sale, do not waive foreclosure in January of 1985, foreclosure proceed to meet with City policy, and not require the entire amount of assessment be brought current before any sale takes place. Motion failed by 2-2 vote of Council present, Councilors Scheckla and Scott voting Nay. Page 5 - COUNCIL MINUTES - OCTOBER 22, 1984 14. BOARD AND COMMITTEE WORKSHOPS SCHEDULING DISCUSSION a. City Administrator stated a matrix of the upcoming Council meetings was handed out prior to the meeting tonight. He also stated no Council workshops have been scheduled and reminded the Council this was one of their priorities on their goals. b. After some discussion November 5, 1984 was set for the first workshop with Police and Crime Watch Steering Committee. December 3, 1984 was set for Public Works and Park Board. Sometime in January will be with Transportation and Economic Development Committee. 15. VOLUNTEERISM REPORT a. City Administrator stated the report in packets showed the actual amount of volunteer hours. Previously it was stated over 9,000 hours were spent in 1983/84. The actual figure is over 11,700 an increase of 260%. Councilor Scott requested a report be brought back on how many hours for each category (police reserve, library, parks, City Hall, and court) and if possible to split district and municipal community service hours. City Administrator stated he would have his secretary try to get that information as soon as possible. 16. 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 by motion for discussion and separate action. 16. 1 Approve Council Minutes - October 15, 1984 16.2 Approve Non-Remonstrance Policy 16.3 Receive and File Departmental Monthly Reports 16.4 Release Funds - Century 21 - Brittany Square 1 B 16.5 Authorize Execution of Crossroads Subdivision Compliance Agreement t 16.6 Authorize Partial Release of Funds - Gallos Vineyard Subdivision Performance Bond a. Motion by Councilor Brian, seconded by Councilor Scheckla, to approve consent agenda items. Approved by unanimous vote of Council present. 17. NON-AGENDA ITEMS: From Council and Staff z E .1 Council Workshop on January 18 & 19, 1985 p a. City Administrator stated he had contacted both Bob Wyffels and Jerry Edwards. They both stated if elected they would be available to be at the workshop on January 18 & 19, 1985. They were also advised of the League of Oregon Cities Conference for the person elected. Mary Himmel has tentatively agreed on January 18 & 19, 1984. Page 6 - COUNCIL MINUTES - OCTOBER 22, 1984 s b. Motion by Councilor Brian, seconded by Mayor Cook, to hold the Councilor Workshop on January 18 6 19, 1985. Approved by 2--1 majority vote of Council present, Councilor Scott voting Nay and Councilor Scheckla abstaining. .2 Political Signs a, Councilor Scheckla felt some political signs were offensive especially the one right off of Pacific Highway located in the island on Durham Road. He also stated this could be a safety hazard for obstructing traffic. Wj12, It was also noted the Paul Phillips signs were being4n m4pt--of "`' r� other political signst, acctt s• c I City Administrator stated the sign in the island on Durham Road would be taken down and any other signs that could cause potential safety hazards. Councilor Scott stated some Measure #2 signs were being picked up, destroyed, or taken away. She felt the newspaper should publish a statement saying it is theft if caught taking the signs. .3 Political Buttons Councilor Scott objected to City employees wearing political buttons while working on Laxpayer's time. Councilor Scheckla also felt this should be done on off work hours. Legal Counsel stated it was constitutionally legal to wear the buttons but not to make arguments on City time. Councilor Brian and Mayor Cook felt it was not appropriate to take a stand against wearing the buttons because of constitutional rights. 18. ADJOURNMENT: 9:45 P.M. Deputy City Recorder - City of Tigard ATTEST: - City of Tigard r/ (pm/2094A) Page 7 - COUNCIL MINUTES - OCTOBER 22, 1984 TIMES PUBLISHING COMPANY Le" 7_6144 P.O.BOX 370 PHONE(503)884-0380 Notice BEAVERTON.OREGON 97075 Legal Notice Advertising RECEIVEp City of Tigard • ❑ Tearsheet Notice or � 9 j 1984 e P. O. Box 23397 • ❑ Duplicate Affidavit CITY Of TICARD Tigard, OR 97223 AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. Susan Pinkley being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the—.T-'!-Z and Times a newspaper of general circulation asTf dined n ORS 193.010 and 193.020; published at _ in the aforesaid county and state; that the City Council Regular Meeting a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for 1 —successive and consecutive in the following issues: Oct . 18, 1984 _ Subscribed and orn o before me this_ "-ti c t . 18 , 19 84 c� No ry Public for Oregon My Commission Expires: 20/88 AFFIDAVIT L: f t { r TIMES PUBLISHING COMPANY Legal 7-6137 P.O.BOX 370 PHONE(503)884-0380 Notlo-e BEAVERTON.OREGON 97075 Legal Notice Advertising RECEjVED • City of Tigard ❑ Tearsheet Notice 1 t( JyNq P. O. Box 23397 OiryOF • Tigard, O R 97223 • ❑ Duplicate Affidavit TIGARD AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. --- being first duty sworn, depose and say that I am the Advertising Director, or his principal clerk, of the T i g a r d _T i m e s _ a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at------- T i g a r d in the aforesaid county and state; that the Piihl i r Hearing Notice a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for successive and consecutive in the following issues: ii . 1984 Subsiaribed and n to before me Oct .'s—_ 15 , 1928 Notary Public for Oregon My Commission Expires: 9/20/88 AFFIDAVIT sk .. . -iMs ( Da to 10/22/84 I wish to testify before the Tigard City i Council on the following item: (Please print your name) #2 - VISITOR'S AGENDA (Limited to 2 minutes or less, please) :Jame, Address & Affiliation Item Description l` • DATE 10/22/84 I wish to testify before the Tigard City Council on the following item: (Please Print your name) ITEM DESCRIPTION• #8 COMPREHENSIVE PLAN AMENDMENT CPA 20-84 LUNE CHANGE ZG 13-84 Butterfield Capital Corn/Westland T u&stment Co. PROPONENT (For) OPPONENT (against) Name, Address and Affiliation Name, Address and Affiliation .,�, -9-22,Z 44d f i - - DATE 10/22/84 C I wish to testify before the Tigard City Council on the following item: (Please Print your name) ITEM DESCRIPTION• #9 COMPRHENSIVE PLAN AMENDMENT CPA 21-84 ZONE CHANGE 14-84, Pacific Western Bank NPO #5 PROPONENT (For) OPPONENT (against) Name, Address and Affiliation Name, Address and Affiliation i DATE 10/22/84 I wish to testify before the Tigard City Council on the following item: (Please Print your name) ITEM DESCRIPTION: 410 COMPREHENSIVE PLAN AMENDMENT CPA 22-84 Corner of Scholls Ferry Rd. NPO #7 OPPONENT (against) PROPONENT (For) ffiliation Name, Address and Affiliation Name, Address and A l .fix: DATE 10/22/84 i I wish to testify before the Tigard City Council on the following item: (Please Print your name) ITEM DESCRIPTION• #11 TEMPORARY USE TU 13-83 Insurance Associates NPO # 1 PROPONENT (For) OPPONENT (against) Name, Address and Affiliation Name, Address and Affiliation p C CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 22 1984 AGENDA ITEM #: DATE SUBMITTED: October 17, 1984._ PREVIOUS ACTION: Public Hearing on ISSUE/AGENDA TITLE: SDR 12-84 October 8, 1984 Western International Properties _. _ PREPARIBY: Elizabeth Newton REQUESTED BY: City Council DEPARTMENT HEAD OK: i'1�i. CITY ADMINISTRATOR: INFORMATION SUMMARY On October 8, 1984, the City Council held a public hearing on the application Of policy 11.5. 1 to the Western International Properties project and the railroad crossing requirement for the same project. The Council voted to uphold policy 11.5. 1 and to require construction of the railroad requirement or construction of a cul-de-sac. In addition, the Council directed staff to prepare a final order approving the Site Design Review for, the project with specific conditions. A copy of the final order is attached for your review. ALTERNATIVES CONSIDERED 1. Adopt the final order attached. 2. Modify the conditions contained in the final order. SUGGESTED ACTION Adopt the final order attached. C �te•� # 3 saR is-8y I.Jestek/� Zi�feRNA/�a�� C ti CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY l i AGENDA OF: October 22, 1984 AGENDA ITEM #: DATE SUBMITTED: October 12, 1984.._ PREVIOUS ACTION: City Council ISSUE/AGENDA TITLE: ZOA 6-84 approved changes to the code on 10/8/84 Community Development Code revisions PREPARED BY: _A_ REQUESTED BY: City Council DEPARTMENT HEAD OK: yy� _ CITY ADMINISTRATOR: _....._ INFORMATION SUMMARY t On October 8, 1984, the Tigard City Council reviewed changes to the Community Development Code as recommended by the Planning Commission. At Lhat meeting, Council directed Staff to prepare an Ordinance approving the proposed changes with modifications. Attached is an Ordinance for Council review which, if approved, would adapt the changes as recommended by Council. A copy of the October 8, 1984 City Council minutes are attached. r l 4 6 f t 0 re 3 i ALTERNATIVES CONSIDERED ' 1. Review and adopt the attached Ordinance. 2. Review and modify the attached Ordinance. SUGGESTED ACTION Review and adopt the attached ordinance. (EAN:bs/0711P) MEMORANDUM CITY OF TIGARD, OREGON r October 18, 1984 TO: City Council FROM: Planning Staff SUBJECT: Newspaper Notice on Director's Decisions At the October 8, 1984, the City Council voted to amend the Community in Development Code to require publication the newspaper far certain be required for Site Director's decisions only . Newspaper notice wouId only r Land Partitions. On all Development Review, Minor Land Partitions, and Maj publication of notice in the newspaper other decisions made by the Director would not be required. concerns of staff on publication of these newspaper notices One of the major is the cost. Presently, the notice is required to be accompanied y a ma showing the property under consideration. Staff estimates that the cost of the newspaper publication of notices could a dress andut in legal description alf if of the map was not required. The property reader always contained in the written portion of the ad so the newspaper ' ra erty . would still be able to locate the p p STAFF RECOMM'1ENDATION Council. amend the attached ordinance to insert Staff recommends that the City ined as follows into Section 18.32.120 C. 5. the words underl showin the location of the property except for notice 5. A map 9 ublished in the ngw!!! e_r�- and, 0721P dmj C 13 . COMPREHENSIVE PLAN AMENDMENT/CPA 22-84/CORNER OF SCHOLLS FERRY RD. - NPO #7 a. Motion by Councilor Brian, seconded by Councilor Scheckla, to continue to 10/22/84. Approved by unanimous vote of Council present. 14. ZONE ORDINANCE AMENDMENT ZOA 6-84 CITY OF TIGARD a. Director of Planning 6 Development gave a summary of this item stating this was mainly housekeeping. b. Public Hearing Opened Bob Bledsoe, 11800 SW Walnut, Tigard, NPO #3, stated the NPO would like to see the standards more explicit. He also stated they would like this item tabled until April so the NPO would have more time to discuss this. Geraldine Ball, representing DJB, Inc. and herself, stated she was confused with the definition of Wetlands and felt the definition should be the one used by the Corp. of Engineers. She also stated as NPO #4 Chairman, the NPO was in favor of adopting all changes except the decision not to publish the Director's decision. Director of Public Works stated the definition of Wetlands identifies the types of plants by using the language as proposed. Director of Planning 6 Development stated the surrounding area property owners were notified by mail and did not feel the cost and staff time justified newspaper publication. If the Council wanted, he suggested publishing the Director's Decision for SDR, Major and Minor Partitions. Councilor Scott felt the publishing of the Director's decision was a safety factor in notifying surrounding property owners. Councilor Edin questioned the cost versus protection. He felt the publication of the Director's Decision should be eliminated. Councilor Scott stated her concern regarding buffering and height limitations. Councilors were concerned with the 10 calendar days rather than 10 business days. It was suggested if the 10 calendar day lands on a weekend or holiday, the following day would be considered the 10th day. Councilor suggested item 18.42.010 (B)(1) be tabled to later date. Consensus of Council was to pull 18.42.020 (8)(1) regarding Incidental use to a later date. Page 4 - COUNCIL MINUTES - OCTOBER 8, 1984 _.. .ers The following items will be added to the Code. 1. A reference list on the wetlands. 2. Vegetation heights. 3. Advertising in paper of Director's Decision regarding Sight Design Review, Major and Minor Land Partitions. Director of Planning & Development will draft Ordinance and bring back on 10/22/84. RECESS AT 9:15 P.M. RECONVENE AT 9:27 P.M. 15. REVIEW OF SDR 12-84 WESTERN INTERNATIONAL PROPERTIES NPO lis a. Director of Planning & Development gave a summary of the Site Development Review for Western International. He stated policy 11.5.1 in Special Areas of Concern regarding the 50-foot setback in the Rolling Hills Development was forgotten until brought to the attention of the Planning Commission at their last meeting. Director of Planning & Development requested the Council call up SDR 12-84 for review and conduct a public hearing or take no action. b. Motion by Councilor Edin, seconded by Councilor Brian, to conduct ( a public hearing and review SDR 12-84. t Approved by unanimous vote of Council present. Counsel Ramis stated at one time he represented Milton Brown, adjacent property owner, in which the case is over and that it does not reflect this item. Director of Planning & Development reviewed the items in Council packets regarding policy 11.5. 1 and the railroad crossing. POLICY 11.5.1 C. Public Hearing Opened Proponents Wayne Jolly, resident, read a letter from John Torpling since he had to leave early. The letter stated he felt the setback should be 20-21 feet instead of 50 feet. F.C. Jensen, 7450 SW Cherry, stated the 5 affected property owners were on septic tanks and the developer would pay for sewer line installation if they gave up part of their 50-foot setback. Also the developer would remove the wild blackberries that border their properties. Since a sewer line will have to be installed in the future, this would save the property owners a large sum of money. Page 5 - COUNCIL MINUTES - OCTOBER 8, 1984 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY �--- AGENDA OF: October 22, 1984 AGENDA ITEM #: DATE SUBMITTED: October 17, .1984 PREVIOUS ACTION: Pubic Hearing ISSUE/AGENDA TITLE: CPA 25-84 On October 8, 1984 ESEE Document - Historic _ PREPARED BY: Elizabeth Newton Overlay Districts REQUESTED BY: City Council DEPARTMENT HEAD OK: r\ CLTY ADMINISTRATOR: INFORMATION SUMMARY On October 8, 1984, the Tigard City Council held a public hearing on this item. The Council voted to uphold the Planning Commission recommendation and modify the ESEE document. The language revisions reflect the Council's informal policy that the Historic District Designation will riot be placed on property without consent of the property owner. An ordinance adopting the proposed language change is attached. ALTERNATIVES CONSIDERED Adopt the attached ordinance. Modify the language in the attached ordinance. SUGGESTED ACTION Adopt the attached ordinance. 0681P CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 22 1984 AGENDA ITEM #: DATE SUBMI'1TED: October 17, 1984...— PREVIOUS ACTION: Council Action - ISSUE/AGENDA TITLE: _ Puget September 24 1984 _ Corporation - Final Order _ _ PREPARED BY: REQUESTED BY: DEPARTMENT HEAD OK: I/L� CITY ADMINISTRATOR: INFORMATION SUMMARY The final order for Puget Corporation is attached. On September 24, 1984, the Council voted to require construction of half street improvements now rather than later upon formation of an LID. ALTERNATIVES CONSIDERED 1. Vote to adopt the final order. 2. Modify the final. order. SUGGESTED ACTION Staff recommends that the Council adopt the final order as written. (WAM:cz/0717P) MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and City Council 1 October 18, 1984 FROM: Loreen Wilson, Deputy Recorde SUBJECT: Agenda Item No. 7 Please bring your copy of Ordinance No, 84-60 from your packet of 10-15-84. E lw/2068A f CITY OF TIGARD, OREWN COUNCIL AGENDA ITEM SUNNIARY AGENDA OF: October 2. 1 1984 AGENDA ITEM ##: DATE SUBMITTED: October 16, 1984 ___ PREVIOUS ACTION: None. — ISSUE/AGENDA TITLE: CPA 20-84 Butterfield Capital Corp./Westland._ PREPARED BY: I_nvestment Company REQUESTED BY: Planning Commission DEPARTMENT HEAD OK: _ CITY ADMINISTRATOR: -_-- 17.�u" INFORMATION SUMMARY This is a request for a Comprehensive Plan Amendment from Medium Density Residential to Medium High Density Residential on property located at 9815 SW Walnut Place. A public hearing was held on this matter before the Planning Commission on October 2, 1984 (a copy of the minutes is attached) . The Planning Commission voted unanimously to recommend to Council that Council approve the requested plan amendment.ov a zone he same fotime, the the property Planning Commission voted unanimously tc app g R-12 to R-25. The zone change will become effective upon approval of the plan amendment request by Council. The Council should hold a public hearing on the Comprehensive Plan Amendment request and direct staff to prepare an ordinance or final order as appropriate for adoption on October 29, 1984. ALTERNATIVES CONSIDERED SUGGESTED ACTION The Coucil sould hold ing on nsive request nand direct staff tto prepare he Public Hanrordinance eorof naleorder as appropriate Amendment q for adoption on October 29, 1984. (EAN:cz/0717P) TIGARD PLANNING COMMISSION REGULAR MEETING - OCTOBER 2, 1984 1. Vice President Owens the the meeting to order at 7:35 P.M. The meeting was held at the Fowler Junior High - LGI Room - 10865 SW Walnut. 2. ROLL CALL: PRESENT: Vice President Ownes, Commissioners Fyre, Butler, Leverett, Peterson, Vanderwood, and Campbell. President Moen (arrived 9: 15 P.M. ) . ABSENT: Commissioner Bergmann. STAFF: Director of Planning and Development William A. Monahan (arriving at (9:30 P.M. ); Associate Planner Liden; Associate Planner Newton (arriving at 9: 15 P.M.); and Secretary Diane M. Jelderks. 3. APPROVAL OF MINUTES: o Commissioner Campbell moved and Commissioner Vanderwood seconded to approved minutes of September 4, 1984, as submitted. Motion carried unanimously by Commissioners present. o Commissioner Peterson moved and Commissioner Fyre seconded to approve minutes of August 22, 1984, as submitted. Motion carried unanimously by Commissioners Frasent. 4. PLANNING COMMISSION COMMUNICATION o Commissioner Butler commented that he had been called at home regarding item 5.1, Mallard Lake. Several other Commissioner had also been called. o Commissioner Vanderwood stated she had communication regarding item 5. 10, the Richard Smith appeal. 5. PUBLIC HEARING { 5.1 PLANNED DEVELOPMENT PD 4-84, ZONE CHANGE ZC 12-84, SUBDIVISION S 9-84, VARIANCE V 15-84; WARDIN/FARR DEVELOPMENT/MALLARD LAKE NPO Int 6 Request for a rezoning from R-4.5 to R 4.5 (PD), Planned Development Detailed approval and Preliminary Plat approval for a 43 lot, single family residential development, and a Variance to the maximum cul-de-sac length of 400 feet to allow a 460+/1 foot length. Located: North of SW Sattler St. between Launalinda Park and Scheckla Park subdivisions, (WCTM 2S1 11AD, lot 6500). o Associate Planner Liden reviewed the status of the application, recommending approval with conditions. Discussion followed regarding the wetlands/sensitive lands, density, and NPO Al 6 comments. PLANNING COMMISSIONER MINUTES October 2, 1984 Page 1 o Commissioner Butler stated he would deny a park dedication at this time. Also, his calculation only allowed 38/39 buildable lots (Commissioner Fyre concurred). He noted sections in the code which would require the lands to be wetlands/sensitive lands. o Commissioner Campbell was concerned that the ponds would become a safety issue with samll children in the development. o Commission Peterson did not believe the upper portion of the project could be developed because of the ponds. o Commissioners Owens and Vander-wood supported that the area should be designated wetlands/sensitive lands. o Lengthy discussion followed on how to proceed with the application with regards to the density and sensitive lands. * Commissioner Fyre moved and Commissioner Vanderwood seconded to deny ZC 12-84, PD 4-84, S 9-84, and V 15-84 based on the finding that there appeared to be gross inaccuracy in the mapping of the ponds, which made density calculations in error. Also, because of the number of uncertainies as to whether the City intended the area to be wetlands. The findings are based upon the following Code sections and Plan Policies: Sections 18.02 A. ; 18.40.040; 1:. 80.110 C. 1. 2. 3. 6 4. ; 18.84.010 A. ; 18.92.020 A. 6 B. ; and policies 3.1.1 A. 6. F. ; 3.4.2 A. ; 6.3.2; 6.3.3; and 1.2.1 A. Motion carried by majority of Commissioners present. Commissioner Leverett abstaining because he is an abutting property owner. 5.2 COMPREHENSIVE PLAN AMENDMENT CPA 20-84, ZONE CHANGE ZC 13-84 BUTTERFIELD CAPITAL CORP./WESTLAND INVESTMENT COMPANY. Request for a Comprehensive Plan Amendment from Medium Density Residential to Medium High Density Residential and a Zone Change from R-12 (Residential 12 units/acre) to R-25 (Residential, 25 units/acre) on property located at 9815 SW Walnut Place (WCTM 2S1 2B0, lots 1501 b 1502). o Associate Planner Liden made staff's recommendation for approval. Discussion followed as to why this property had been zoned with the lower density . APPLICANT'S PRESENTATION o Jerry Mason, Westland Investment, 6823 SW Canyon, explained how through a sale of this property that it was discovered it had been downzoned and why it would be appropriate to rezone to the high density. PLANNING COMMISSIONER MINUTES October 2, 1984 Page 3 NPO COMMENTS O Gary Ott, Acting NPO H 1 Chairman, opposed changing the Comprehensive Plan because of the precedent that it would set and the pocket of Medium High Density which would be created. Recommended looking into a alternative method to resolve this type of problem in the future. PUBLIC TESTIMONY o No one appeared to speak. REBUTTAL o Jerry Mason, explained the hardship that has been created by this downzone. Discussion followed. PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION o Consensus of the Commission was that a alternative method for reconstruction should be dealt with in a workshop. O Commissioners Peterson and Vanderwood favored denial. o Commissioner Campbell, Butler, Leverett, Fyre, and Owens favored f approval with some concern for buffering. President Moen arrived: (9:15 P.M.) o Discussion followed regarding the hardship created and the need for a condition regarding buffering. * Commissioner Fyre moved and Commissioner Leverett seconded to forward the Comprehensive Plan Amendment CPA 20-84 to City Council with recommendation for approval and to approve Zone Change ZC 13-84 from R-12 to R-25 based on Statewide Goals 1, 2, and 10; and locational criteria 12.1.3 . Motion carried unanimously by Commissioners present. RECESS 9:22 P.M. PRESIDENT MOEN RECONVENED 9:38 P.M. 5.3 COMPREHENSIVE PLAN AMENDMENT CPA 21-84, ZONE CHANGE ZC 14 NPO SPACIFIC WESTERN BANK Request for a Comprehensive Plan Amendment from I-H (Heavy-Industrial) to C-P (Commercial Professional) and a Zone Change from I-H (Heavy Industrial) to CP (Commercial Professional) on property located on the NE side of SW 72nd Ave. south of SW Tech Center Drive (WCTM 2S1 10C lot 4100 6 2S1 100 lot 700). PLANNING COMMISSIONER MINUTES October 2, 1984 Page 4 r JUSTIFICATION FOR MEDIUM-HIGH DENSITY ZONE AND PLAN DESIGNATION FOR KING'S CHOICE APARTMENTS 1) The King's Choice Apartment sight is located on land originally designated for and then built to it's present density. The original density that created this attractive living environment draws those residents who need to be close to shopping and public transportation. King's Choice is an all adult residence approximately 60% of which are seniors at present. Several minor changes in zoning classifications plus changes in densities for those various classifications has brought the project into it's present non- conforming use definition. The city's stated intention was to reduce the per cent of residents who were renting rather than owning their residents in the city of Tigard by lowering density on future land to be developed. The changes that brought the zone definition to it's present state were not intended to reduce the density or effect the attractiveness of existing apartment projects. The financial damage to existing apartments was pointed out by a recent sale of King's Choice Apartments which was prepared to close at one price and ended up closing at a lower price based solely on an MAI appraisal pointing out that the property has become a non-conforming use. This sale clearly established that damage to the value of the project was caused by the down zoning which said that if the improvements were more than 60% destroyed for any reason, they could not be replaced at the original density. From a community point of view, the reduced density on already developed land can lead to those owners not putting extra money into maintenance, especially as they get older. The reason is that owners will be faced with getting the lost value out in operating income rather than with a sale. The only way to do that is cut operating expenses. Maintenance is about the only operating expense a building owner has total discression over. One neighbor not keeping up maintenance leads to more and then the whole neighborhood starts a steeper and steeper downturn. The three previous owners had no knowledge of the lowered density and say they never got notice of hearings for the changes. For that reason they never appealed the changes. It is our understanding that at present the city of Tigard needs to increase it's overall density to conform to the LCDC requirements. This change would help in that direction. i r 2) The King's Choice is well buffered from lower density sites: f A. On the west by commercial and retail uses; R. On the north by another apartment project of similar density called Pacific Village; C. On the east by a 65 to 90 foot set back, flood plain, creek and numerous mid to large sized trees and bushes; D. On the south by a large church parking lot and then the Methodist church. All traffic from King's Choice goes west to Pacific Highway. There is no access to the low density residential area on the east side of the project. 3) The access to King's Choice is from Pacific Highway (99W) at the traffice light at S.W. Walnut. The street passes only a car wash, a small office building, and the Methodist church before entering into King's Choice. The traffic on this street is negligible. 4) The only development limitation for this property was the 100 year flood plain on the east side in back. The apartments are set above the flood plain. The unusually large back yard the flood plain creates is part of the buffer between King's Choice and the existing single family residential development behind it. 5) The existing facilities are already at a capacity that supports the present development. This means the additional density we are requesting will not cause any additional costs to create sewers, water, roads, etc. , and will not put additional use on the existing facilities because the project is already there. 6) King's Choice is one block to public transportation. i 7) King's Choice is adjacent to neighborhood and general commercial shopping, business, office, and eating places. It is also within a seven block easy walk on sidewalks to the heavy commercial area of downtown Tigard. Close- in higher density living cuts traffic and keeps the comm;rcial area economically vital. That is why higher density close to big commercial areas is just good city planning. t 8) The flood plain and open space creates a significant buffer between the apart- ments and the existing adjacent single family residential property. The closest part of any of the improvements to the eastern property line is 65 feet. Changing the King's Choice site to it's original density should create ' no problems with the neighbors because the existing improvements are all in 0 harmony at present. t s 9) This change does not set a precident for general up-grading along Pacific_ Highway because King's Choice is a unique pre-existing use with extensive buffering E already existing. i •-q(s.v s;l��'.,.,i,, � 1.7O CN. 6.01 i T 41 ICCH 392.0 �+- L' �(\�. L=/C H J-j-,T c 152.0 0 ���•••'''------ ` 120 59 `\ 0 !^ 1 20 Jed q '. 1�1 / 266. .Slr S�3•S�•» 0 a \ S 40 etas in \ b K-o� 1 0 .� 1 _ •��� n c 94 222.30 65 4 2 a ZJ /C' ✓//// pfl N43 SO I i i�. t;e o` ;� /c�,. ✓// 132 So 9i• ` �2.• (C$ NO V8.i9 0 i- 31 ys p.� ,9 ` "� 7Oc.39 G, ✓ : O 1 N O 121J. Y. 6 It I t / u Lw1,[l� a .�•� t 'l!N to, Sit 63 300 P 1 r 10 -�(� r,r•"r _.. � fes, •�/• / 36 9 N.11e1',.to. STAFF REPORT AGENDA ITEM 5.2 October 2, 1984 - 7:30 P.H. TIGARD PLANNING COMMISSION FOWLER JUNIOR HIGH SCHOOL - LGI 10865 S.W. WALNUT TIGARD, OREGON 97223 A. FINDING OF FACT 1. General Information CASE: Comprehensive Plan Amendment CPA 20-84, Zone Change ZC 13-84 REQUEST: For a Comprehensive Plan Amendment from Medium Density Residential to Medium High Density Residential and a Zone Change From R-12 (Residential 12 units/acre) to R7"' � (Residential 0�,uni is/acre). ,�5 APPLICANT: Westland Investment Co. OWNER: Butterfield Capital Corp. 6823 SW Canyon Road Santa Ana, Calif. Portland, OR 97225 LOCATION: 9815 SW Walnut Place, Tigard (Wash. Co. Tax Hap 1501 and 1502) 2. Background • The apartments were developed in 1969 and 1970. The past record of this development is unclear. Staff will research the matter further prior to the hearing. 3. Vicinity Information Pacific Village Apartments which are zoned CBD (Central Business District) lie to the northeast. Single family residences, zoned R-4.5 (Residential 4.5 units/acre) are on the opposite side of a creek to the southeast. Land zoned R-12 containing a church and commercial development zoned C-G (Commercial General) are adjacent to the southwest and northeast respectively. 4. Site Information and Proposal Description The property is totally developed. It contains 70 apartment units located within nine, two-story buildings. Access is provided to Pacific Highway via Walnut Place and Mackenzie Street. The applicant is proposing the Comprehensive Plan Amendment and Zone Change to alleviate the development's non-conforming status in terms of allowable density. The 2.9 acre property has a present density of 24.1 units per acre. The proposal is intended to protect the present Investment. If the apartment complex was over 60% destroyed, it could only be rebuilt with a maximum density of 12 units per acre due to its non-conforming status. STAFF REPORT - CPA 20-84/ZC 13-84 - PAGE 1 s S, agency and NPO Comments ( The Engineering Division and the Building Inspection Office have no objections tc the request. The State Highway Division notes that if additional development is contemplated, a traffic study will be necessary. NPO #1 does not object to the maintenance of the existing apartments. However, the group does object to the Plan Amendment and Zone Change as a means of dealing with the non-conforming use. It was felt by the NPO that a precedent should not be established for approving zone changes to eliminate non-conforming situations. B. ANALYSIS AND CONCLUSION According to the Comprehensive Plan, Plan Map changes may be approved by City Council when: a. The change is consistent with applicable Plan policies; b. A change of physical circumstances has occurred since the original designation; or C. A mistake was made in the original land use designation. The following Locational Criteria in the Comprehensive Plan apply to this proposal: Vk Medium-High and High Density Residential A. The following factors will be the determinants of the areas designated for high density on the plan map: (1) Areas which are not committed to low density development. (2) Areas which can be buffered from low deity established tlow areas in order to maximize the privacy density residential areas. (3) Areas which have direct access from a major collector or arterial street. (4) Areas which are not subject to development limitations. f5) Areas where the existing facilities have the capacity for additional development. (6) Areas within one quarter mile of public transit. (7) Areas within one quarter mile from neighborhood and general commercial shopping centers or business and office centers. ( (8) Areas adjacent to either private or public permanent open space. STAFF REPORT - CPA 20-84/ZC 13-84 - PAGE 2 s The proposed Comprehensive Plan Amendment and Zone Change is consistent with Plan policies. It also meets the above Locational Criteria because the property is presently committed to high density development; buffering is provided by the creek and vegetation between the apartments and the single family homes to the southeast; direct access to Pacific Highway is available; no development limitations are apparent; public facilities are established; and the property is within one quarter mile of public transit and commercial centers. The apartment complex contains some private open space and the proposed Fanno Creek Park will be within one-quarter mile of the property. Other policies in the Plan relating to such issues as public facilities and services are not particularly applicable since the property is fully developed and being served at the present time. No changes have occurred since the current zoning designation was applied, however, the City appears to have errored by utilizing a zone that was not compatible with the existing development. Since the existing use can meet the Locational Criteria for Medium-high Density development, an R-20 zoning designation would have been more appropriate than the R-12 zone. C. RECOMMENDATION The Staff supports the NPO recommendation to evaluate the City's policy regarding non-conforming uses. However, the Staff does not concur with the NPO recommendation to deny the request because the proposal is consistent with adopted City policy contained in the Comprehensive Plan. PREPA D BY: Keith Liden APPROVED BY: William A. Monahan Associate Planner Director of Planning 6 Development (KSL:pm/0649P) STAFF REPORT - CPA 20-84/ZC 13-84 - PAGE 3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM—SUMMARY AGENDA OF: October 22 1984 AGENDA ITEM #: - DATE SUBMITTED: October 17, 1984 _.T PREVIOUS ACTION: None _ ISSUE/AGENDA TITLE: CPA 21-84 Pac West Bank PREPARED BY: _ / �y✓� REQUESTED BY: Planning Commission DEPARTMENT HEAD OK: G"✓!'J _ CITY ADMINISTRATOR: _ INFORMATION SUMMARY This is a report for a Comprehensive Plan Amendment from Heavy Industrial to Commercial Professional on property located on the NE side of SW 72nd Avenue, south of SW Tech Center Drive. The Planning Commission held a public hearing on this matter on October 2, 1984. At that meeting, the Planning Commission voted unanimously to recommend to City Council that the Commercial Professional Designation be approved for the site. In addition, the Planning Commission voted unanimously to assign the CP zoning desingation to the site. The CP zoning designation will become effective upon Council approval of the of the Planning Commis Comprehensive Plan Amendment. A copy iminutes are r attached. The Council should hold the public hearing and direct staff to prepare a final order or ordinance as appropriate for adoption on October 29, 1984. ALTERNATIVES CONSIDERED SUGGESTED ACTION Council should hold the public hearing and direct staff to prepare a final order or ordinance as appropriate for adoption on October 29, 1984. (EAN:cz/0717P) TIGARD PLANNING COMM1ISSION REGULAR MEETING - OCTOBER 2, 1984 1. Vice President Owens the the meet. High inL GI°Roomer a108655SW Walnuthe meeting was held at e 2. PRESENT: Vice President Ownes, Commissioners Fyre, Butler, ROLL CALL: Leverett, Peterson, Vanderwood, and Campbell. Mr,c+n (arrived 9:15 P.M.) . ABSENT: Commissioner Bergmann. STAFF: Director of Planning and Development Will ami ate A. Monahan (arriving at (9:30 P.M. ); Planner Liden; Associate Planner Newtn,, (arriving at 9:15 P.M.); and Secretary Diane M. Jelderks. 3. APPROVAL OF MINUTES: O Commissioner Campbell moved and t'O lgas nsubmitted. o Motion cda r to ied approved minutes of September 4, 1984, unanimously by Commissioners present. o Commissioner Peterson moved and Commissioner Fyre seconded to approve minutes of August 22, 1984, as submitted. Motion carried unanimously by Commissioners present. 4. PLANNING COMMISSION COMMIUNICATION he had been called at ome ° Commissionertem Butler5 1 MallardeL ake ented that Several other Commissioner hhad regarding also been called. O Commissioner Vanderwood stated she had communication regarding item 5.10, the Richard Smith appeal. 5. PUBLIC HEARING 5.1 PLANNED DEVELOPMENT PD 4-84, ZONE CHANGE ZC 12-84, SUBDIVISION PO 9-04, VARIANCE V 15-84, WAROIN/FARR DEVELOPMENT/MALLARD LAKE Request for a rezoning from R-4.5 to R 4.5 (PD), Planned Development Detailed approval and Preliminary Plat approval for a 43 lot, single family residential development, and a Variance to the maximum cul-de-sac length of 400 feet to allow a 460+/1 foot length. Located: North of SW Sattler St. between Launalinda Park and Scheckla Park subdivisions, (WCTM 2S1 11AD, lot 6500). ° Associate Planner Liden reviewed the status of the application, recommending approval with conditions. Discussion followed regarding the wetlands/sensitive lands, density, and NPO M 6 comments. PLANNING COMMISSIONER MINUTES October 2, 1984 Page 1 NPO COMMENTS o Gary Ott, Acting NPO ## 1 Chairman, opposed changing the Comprehensive Plan because of the precedent that it would set and the pocket of Medium High Density which would be created. Recommended looking into a alternative method to resolve this type of problem in the future. PUBLIC TESTIMONY o No one appeared to speak. REBUTTAL o Jerry Mason, explained the hardship that has been createa by Liii� downzone. Discussion followed. PUBLIC HEARING CLOSED COMMMISSION DISCUSSION AND ACTION o Consensus of the Commission was that a alternative method for reconstruction should be dealt with in a workshop. o Commissioners Peterson and Vanderwood favored denial. o Commissioner Campbell, Butler, Leverett, Fyre, and Owens favored j approval with some concern for buffering. t President Moen arrived: (9:15 P.M.) o Discussion followed regarding the hardship created and the need for a condition regarding buffering. * Commissioner Fyre moved and Commissioner Leverett seconded to `onward the Comprehensive Plan Amendment CPA 20-84 to City Council with recommendation for approval and to approve Zone Change ZC 13-84 from R-12 to R-25 based on Statewide Goals 1, 2, and 10; and locational criteria 12.1.3 . Motion carried unanimously by Commissioners present. RECESS 9:22 P.M. PRESIDENT MOEN RECONVENED 9:38 P.M. 5.3 COMPREHENSIVE PLAN AMENDMENT CPA 21-84, ZONE CHANGE ZC 4-84 NPO SPACIFIC WESTERN BANK Request for a Comprehensive Plan Amendment from I-H (Heavy-Industrial) to C-p (Commercial Professional) and a Zone Change from I-H (Heavy Industrial) to CP (Commercial Professional) on property located on the NE side of SW 72nd Ave. south of SW Tech Center Drive (WCTM 2S1 10C lot 4100 6 2S1 100 lot 700). PLANNING COMMNISSIONER MINUTES October 2, 1984 Page 4 o Associate Planner Liden made staff's recommendation for approval adding that a more appropriate zOStreet, the it wasarea recommended Ip, c that of the existing uses on Sandbur9 issue be studied further in the near future. APPLICANT'S PRESENTATION o Richard W. Norman, Architect, 730 SW 1st Ave. , representing Pac West, apparently an error had been made during the stated that plan had been submitted for this Comprehensive Plan process because a site years aqo. Discussion followed. PUBLIC TESTIMONY O No one appeared to speak. PLANNING COMMISSION DISCUSSION AND ACTION �t Commissioner Butler moved and Commissioner Peterson seconded to wih forward the Comprehensive Amendment CPA - 4ZCo City peril staffts recommendation of approval and to approve findings. Discussion followed regarding zoning the property IP. r Motion carried unanimously by Commissioners present. 5.4 COMPREHENSIVE PLAN AMENDMENT CPA 22-84 CORNER OF SCHOLLS FERRY RD. NPO # 7 A request by the City of Tigard to assign the Medium High Density Residential Comprehensive Plan Map designation to land on the northwest edge of the city, east of SW Lower and 1 0 jlls Ferry Road. (WCTM 1S1 33C Tax Lots 301, 700, 800, 1370, 1 o Associate Planner Newexplained why the City was placing the ion on these properties and recommended Comprehensive Plan Designat approval. PUBLIC TESTIMONY o Evelyn Karls, Rt. 1 Box 382, Beaverton, opposed being automatically brought into the City. (Staff explained she was no . She also t ) opposed the Medium High density because of the heavy traffic and number of accidents which have occurred in that area. Discussion followed. PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION o Consensus of the Commission was to support staff's recommendation. * Commissioner Owens seconded to forward Commissioner Butler moved and Comprehensive Amendment CPA 22-84 to City Councilsth rec recommendation of approval. Motion carried unanimously by CommiPLANNING COMMISSIONER MINUTES October 2, 1984 Page 5 F STAFF REPORT ! AGENDA ITEM 5.3 October 2, 1984 TIGARD PLANNING COMMISSION FOWLER JUNIOR HIGH SCHOOL - LGI 10865 S.W. WALNUT TIGARD, OREGON 97223 A. FINDING OF FACT 1. General Information CASE: Comprehensive Plan Amendment CPA 21-84 and Zone Change ZC 14-84. REQUEST: For a Comprehensive Plan Amendment from Heavy Industrial to Commercial Professional and a Zone Change from I-H (Heavy Industrial) to C-P (Commercial Professional). APPLICANT: Pacific Western Bank OWNER: Same 10888 S.E. Main Street Milwaukie, OR 97222 l LOCATION: South of 7150 S.W. Sandberg (Wash. Co. Tax Map 2S1 IDC, Tax Lot 400 and 2S1 IDD, Tax Lot 700) ' 2. Background The subject property has been partially developed under the provisions of three Site Design Review approvals (SDR 38-73, SDR 19-75, and SDR 33-77). The last application submitted indicated future commercial office development on the southern position of the property. During the period of development, the entire property was zoned M-2 (General Industrial) which permitted industrial and commercial office uses. Between 1977 and the present, the zone designations have been changed so the northern section of the property is zoned C-P and the southern portion is zoned I-H (Heavy Industrial). With the adoption of the new Code, the I-H zone no longer includes offices as a permitted use. 3. Vicinity Information The first phase of the Administrative Service Center which lies to the north is zoned C-P. The western property line abuts 72nd Avenue and the properties to the west, south and east are zoned I-H. 4. Site Information The area involved in this application is undeveloped and slopes down to 72nd Avenue. The conceptual plan presented in 1977 indicated that two additional buildings are anticipated on the subject property. Site Development Review approval will be required prior to construction. STAFF REPORT - CPA 21-84/ZC 14-84 - PAGE 1 t 5, O Comments The Engineering Division and Building Inspection Office have n objection to the request. No comments have been received from NPO #5- B. ANALYSIS AND CONCLUSION be approved by According to the Comprehensive Plan, Plan Map changes may City Council when: a. The change is consistent with applicable Plan policies; stances has occurred since the original b. A change of physical circum designation; or C. A mistake was made in the original land use designation. The Plan has been reviewed and the proposal is consistent with Plan policies. The following Locational Criteria also apply to this req1e Commercial Professional f or a diverse range of Commercial Professional areas e are and etoo Promote user convenience office uses and Supp ! throughout the City. ( A. Scale (1) Trade area. Varies (2) Site size. Varies (3) Gross leasable area. Varies B. Locational Criteria (1) Spacing and location (a) The Comprehensive Plan map fixes exact boundaries of the commercial professional area. (b) The commercial professional area is not surrounded by residential districts on more than two sides. (2) Access (a) The proposed use or expansion of an existing estion or a area shall not problem trafficeate S ch ca n determination traffic safety p existing shall be based on the street capacity, limit, and projected traffic volumes, number of turning movements and the traffic generating characteristics of the various types of uses. STAFF REPORT - CPA 21-84/ZC 14-84 - PAGE 2 (3) Site Characteristics (a) The site shall be of a size which can accommodate present and projected needs. (b) The site shall have high visibility. (4) Impact Assessment (a) The site configuration and characteristics shall be such that the privacy of adjacent non-commercial uses can be maintained. (b) It shall be possible to incorporate the unique site features into the site design and development plan. (c) The associated lights, noise and activities shall not interfere with adjoining non-residential uses. The proposal is consistent with this portion of the Plan because it is not adjacent to residential development, proper access to 72nd Avenue is available, the site is an adequate size for the proposed use, it will be highly visible, and the change will be compatible with the surrounding commercial and industrial ?roperties. No changes have occurred since the modifications in the Code were made, however, findings can be made showing that a mistake had been made by limiting the southern portion of the property to industrial uses. Although not formerly proposed, the applicant's intent to continue with office development was presented in 1977. Also, the site has a significant slope which limits the utility of the property for heavy industrial uses which characteristically require large, flat parcels. Staff concludes that the proposal is consistent with City policy and should be approved. It should also be noted that the properties located on Sandberg Street contain a mixture of light industrial and office uses. This is a transition area between the offices on Fir Loop and the heavy industrial uses to the south. It appears that the I-P (Industrial Park) zone, which allows both commercial office and light industrial uses, would be a more appropriate designation. A study and possible zone change for this area should be considered. C. RECOMMENDATION The Planning staff recommends aproval of CPA 21-84 and ZC 14-84. PREPARED-BY: Keith den APPROVED BY: William A. Monahan Associate Planner Director of Planning b Development (KL:bs/0654P) STAFF REPORT - CPA 21-84/ZC 14-84 - PAGE 3 PACIFIC WESTERN ( BANK BUILDING AND PLANNING 3UJ Pacwe>.'Cxn!a,r 1 11 1 S YJ F I'. .,. ", Poru,•,U Tigard Planning Commission Tigard, Or�go^ - I mnrPhensive Plan Amendment C-P on TL.4100, 25-1-IDC, & TL.700, 2S-1-DD Zone Change from I-H to BACKGROUND: In 1972, FIRSBANK the address: phaseW fth SandbuDrgINISTRATIVE SERVICE CENTER on In 1974, the BCnkfpurchased uture T.L.expa4100, and T.L. 700, South of their site, to provide spa All of the property was zoned M-2, and allowed both manufacturing and office construction. In 1977, Phase-2 additions to the ADMINISTRATIVE SERVICE CENTER were submitted to Tigard's Planning Commission for raDDesign Review(e(exhibit -A), together with a supplemental letter from t he cribing the project and future plans, and a print of the Site Development Plan (exhibit-C). The Tigard staff report (exhibit-D) noted the acceptability of the project, which was subsequently built. Tigard's new COMPREHENSIVE PLAN did not recognize of the future plans submitted by the FIRST STATE BANK, and the zon"I-H" , which would prohibit the future T.L.4100 and T.L.700 reshows zoned as "I-H" , Planning Commission in 1977. development of offices, as submitted to the RE: COMPREHENSIVE PLAN AMENDMENT We believe that the zoning on T.L.4100 and T.L.700 should be changed from I-H to C-P for the following reasons: 1 . The Planning Commission honestly erred by not including these tax lots in the adjacent C-P zone, when drawing up the Plan. 2. The C-P zoning would conform to the Goals and Policies of the Plan. 3. The land was purchased in 1974 to provide for expansion of the adjacent office use, and the future development was planned and submitted to Tigard's Planning Commission in 1977, before the creation of the Comprehensive Plan. A PIACWEST BAP4K RE: COMPREHENSIVE PLAN AMENDMENT (cont'd) 4. The sloping topography of the Tax lots is not suitable for I-H development. !y RE: GOALS AND POLICIES The proposed zone change supports LCDC Planning Goal #9, "to diversify and improve the economy of the state." The zone change would conform to COMMERCIAL POLICY 12.2.1 THE CITY SHALL: a. PROVIDE FOR COMMERCIAL DEVELOPMENT BASED ON THE TYPE OF USE, ITS SIZE AND REQUIRED TRADE AREA. In addition: 1 . The future use is compatible with the adjacent C-P developments. 2. There are no adjacent residential zones to be impacted. 3. All utility services are installed and available. 4. Traffic is served by 72nd Avenue, a major collector. ACIRIC WESTERN BANK ` SSI-- �ce President /sg C r_A E- !v: _----- —--- Fee neceived S Architect�.lrai Review — -- - -- AL-PLIT DN Date received _—.--- __-- Ticard Flarn;rg Co 7i sson 1223 DY 12420 Sv, vain St. , Ti rd, Cr. 63g-4171 - --- Phase-2, Alterations and Additions to the Date Filed �ervirp fr�n Project Title Admin �� project fidd7'Ess _7150 S.W. Sandbur Road Tigard, Oregon 97223 Tax T,ot No. 03801 , 03900, 04100, & 00700-PT4 Tax Nap 1,10. c) ner/D=vei�Per First State Bank of Ned Takasumi t:adr esS 10888 S.E. Main Street , Milwaukie , 0� 97222__TelePr,o,�e -3410 Teleuh^ne Owner's - - Signature DFS`.F T _r SQ . Ftft . Pro osed Ilse #i��ild' .� s Main fl . add. 7,878 sq. . Offices — One Ong smt fl add 3 664 sn ft. _ ExistMain fl . 10,000 sq.t Tot. Sq. rt. r Buildins Add 7 878 sa_.ft. c. Site Size 6. 14 acres - o Add. 16 220 SQ-ft- - q.ft. Sq. Ft. of L2�dscauin� dd. 10, 160 sq-ft. Sq. Ft. or Ta i_1` Anticipated Devei.cpn,er,t Late September 1977 Anticipated Development Phases Valuation - $ .-- DO IJ�)T 1�:RITE Special Conditions - Dedications bonding --- -- ----- G'Y &r _-------- --- -- ------} ----------- I✓a l.e --_- Final Inspection by --- -- -- - - - ----- -- (. �x�.l l is l'r•A _ - - i. F Tigard Planning Commission 12420 S.W. Main Street Tigard, Oregon 97223 1 :3 Re: Phase-2, Alterations and Additions to the Administrative 4`5 Services Center, First State Bank of Oregon. Dear Commissioners: The Standard form for "Site Development Plan and Design Review" does not seem to adequately cover the kind or amount of infor- 41 mation needed for this kind of project. -7 For this reason, a short narrative may be helpful in your deliberations. The total existing site consists of 6. 14 acres. The building project and its immediate developed surroundings will cover approximately 2.8 acres, of which, about I acre (367.) can be considered as landscaped; 1 .4 acres (50%) in paving; and .4 'acre (147.) is in building. The balance of the property may be developed in the future, as shown on the Site Development/Master Plan, Sh. no. A-) . Since the Additions will cover some of the existing landscaped J areas, as shown on the plans of the original landscaping, the _ trees and large plant material will be relocated, as noted on the Site Development/Parking Plan, Sh.no.A-1 , and new plant material installed at the East ends of the Additions. A 11-11 main irrigation line has already been extended to the 2 South, under the existing paving, and this will be continued further, to care for the relocated trees. The building forms, materials, and colors are an extension of the existing scheme. 1 believe that a visit to the site, or color slides of the exist- ing development could more accurately show the overall character of the project, and the Additions are planned to continue that 41. theme. SiSly, ere 'Y' AP Rhard W. Norman, AIA August 24, 1977 �'"_ •' Ilii --� y t' % L ?� \\ �' r. 51* ,v. r N ti r 1 I - ,September 8, 1977 The following items were noted by staff and should be addressed by the applicant : 1. There seems to be a discrepancy as to property line location on the site, particularly for the north lot line . The exact loca- tion of all property lines should be researched and submitted on the revised plan . 2. Right-of-way for the realignment of S.W. 72nd should be speci- fied at 60 feet . This realignment should be approved by City of Tigard Public Works Department and by the Washington County Public Works Department. The applicant should also be aware that slope easements might be necessary. A non-remonstrance agreement for the improvement of S.W. 72nd will also be necessary. 3. The following code requirements would apply to this development : a. The front 20 feet shall be landscaped and maintained (measured from the new property line dedication) . b. Five foot landscape strip between the property line and any parking. C. Tree and shrub planting areas of a minimum eight feet in width every 70 feet on center each way in parking areas. 4. The main focus of the redevelopment should be the appearance from the public right-of-way (S.W. 72nd) . Therefore, once the realignment has been ascertained , a landscape plan should be presented for that area. 5. The proposed expansion is acceptable to staff in that the site is zoned M-2 (General Industrial) and buildable land should be utilized wherever possible. However, the building style and use is professional in nature; therefore, staff feels that more landscaping -should be retained around the front of the building and a main entry areaVestablisbed. S M4 1 a,T 4mp � ;ARy33-77 (Administrative Service Center) September 8, 1977 Page 2 6. Landscaping along the north property line is negligible and should be revamped. 7. The applicant should clarify the amount of back-up space avail- able to the cars along the north property line. 24 feet back- up is necessary, according to the code. C } i Y tSi€� 1 y1 { LAKE .....�. 0 EGO 1- P .... i •• 1_L .. Y� R-1Q _ ' L l l 1 i ' k- :s1-P i Mon _T77 R-4.51 _- ,�.��. a �, R -12 °! ( � -P ' S3T� DEVELOPF-!vT Pi,,LT; ( -. J Site Flan Review Tile No. Architectural Review --- Fee T;eCei1vnL-1 -�- -------- -- L i T ;receipt 7f Date received Ti€ard Plan.nin� Cor_niss_on. -� ---- — 12420 S-v, Fair St. , Ti`ard, Cr. 51223 Dy - rc35-4171 Phase-2, Alterations and Additions to the Project TT ti e Ad.,,.i n_ SPrvi ce Center-,-EIna t F i I Pd Project Address —7150 S.W. Sandburg Road Tigard, Oregon 97223 Tax Map No. Tax Lot No. 03801 , 03900, 04100, 00700 -PT4 :h:ner/Dove- _per First State Bank of Oregon Ned Takasumi !.ddress 10888 S.E. Main Street, Mi lwaukie, Ore. 97222 1Eny,;,ne 653-3410 Oumer I s TeI eD'n:,ne Signature -- — Proposed i'se #BuilJints So. Ft. Main fl , add. 7,878 sq.ft. t Offices — One One Bsmt fl , add, 3 .664 s —ft. ExistMain fl . 10,000 sq.t Site Size 6. 14 acres Tot. Sq. Ft. Buildin=s Add. 7,878 sr,.ft. Sq. Ft. or rc\ ir!e Add. 16,220 sq.ft. So_. Ft. of La_ -scaiD_nF7Add. 10, 160 s§A.ft. Anticipated Deve=cprjent Late September 1977 Anticipated Development Phases - Valuation $ 350,000.00 DO NOT WRITE hFLOW TNTS Special Conditions - Dedications Bonding ---- - --Other Final inspection by - - _ -- -- Late —__- -- �xNia�,r_q :e3 1 RICHARD W. NORMAN AIA ARCH1W ,w:,!l SEVEN THIRTY SOUTHWEST FIRST AVENUE ��'♦♦' PORTLAND, OREGON 97204 (503) 776-9581 •l:w .Y" Ell. Gni 3 Tigard Planning Commission 12420 S.U. Main Street Tigard, Oregon 97223 }�•'i Re: Phase-2, Alterations and Additions to the Administrative Services Center, First State Bank of Oregon. . Dear Commissioners: The Standard form for "Site Development Plan and Design Review" does not seem to adequately cover the kind or amount of infor- mation needed for this kind of project. ,3 For this reason, a short narrative may be helpful in your deliberations. j The total existing site consists of 6. 14 acres. The building project and its immediate developed surroundings will cover approximately 2.8 acres, of which, about 1 acre (360/.) can be considered as landscaped; 1 .4 acres (500/) in paving; and .4 acre (14%) is in building. '~ The balance of the property may be developed in the future, as , shown on the Site Development/Master Plan, Sh. no. A-1. Since the Additions will cover some of the existing landscaped areas, as shown on the plans of the original landscaping, the s trees and large plant material will be relocated, as noted on the Site Development/Parking Plan, Sh.no.A-1 . and new plant ; material installed at the East ends of the Additions. A 11-11 main irrigation line has already been extended to the South, under the existing paving, and this will be continued further, to care for the relocated trees. The building forms, materials, and colors are an extension of 4'Y the existing scheme. I believe that a visit to the site, or color slides of the exist- ing development could more accurately show the overall character of the project, and the Additions are planned to continue that .i theme. 4'iZcha rely,rd W. Norman, AIA August 24, 1977 #lair PRELIMINARY DESIGN REVIEW SDR 33-77 (Administrative Service Center) September 8, 1977 The following items were noted by staff and should be addressed by the applicant : 1. There seems to be a discrepancy as to property line location on the site, particularly for the north lot line . The exact loca- tion of all property lines should be researched and submitted on the revised plan . 2. Right-of-way for the realignment of S.W. 72nd should be speci- fied at 60 feet . This realignment should be approved by City of Tigard Public Works Department and by the Washington County Public Works Department . The applicant should also be aware that slope easements might be necessary. A non-remonstrance agreement for the improvement of S.W. 72nd will also be necessary. ( 3. The following code requirements would apply to this development : a. The front 20feet shall be landscaped and maintained (measured from the new property line dedication) . b. Five foot landscape strip between the property line and any parking. C. Tree and shrub planting areas of a minimum eight feet in width every 70 feet on center each way in parking areas. 4. The main focus of the redevelopment should be the appearance from the public right-of-way (S.W. 72nd) . Therefore, once the realignment has been ascertained, a landscape plan should be presented for that area. 5. The proposed expansion is acceptable to staff in that the site is zoned M-2 (General Industrial) and buildable land should be ! utilized wherever possible. However, the building style and use is professional in nature; therefore, staff feels that more landscaping should be retained around the front of the building and a main entry areakestabl ished. X� QMT PRELIMINARY DESIGN REVIEW SDR 33-77 (Administrative Service Center) September 8, 1977 Page 2 6. Landscaping along the north property line is negligible and should be revamped. 7. The applicant should clarify the amount of back-up space avail- able to the cars along the north property line. 24 feet back- up is necessary, according to the code. 40 LAKE lot • p EGO I *roe / e - P All 1 I .. _- ROA I I RO.. _� 4W 14 R-12 •` - vff 901 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 22, 1984 _ AGENDA ITEM Ji: �— DATE SUBMITTED: October 16, 1984 PREVIOUS ACTION: None _ ISSUE/AGENDA TITLE: CPA 22-84 Comprehensive Plan Amendment Corner PREPARED BY: of Scholls Ferry Road ___ REQUESTED by: Planning Commission DEPARTMENT HEAD OK: _ y�' _ CITY ADMINISTRATOR: _ — INFORMATION SUMMARY It was brought to staff's attention by Mike Byers, Lead Plan Reviewer for the LCDC, that neither Washington County nor the City of Tigard had assigned a Comprehensive Plan designation to six lots west of the Krueger property on the east side of Lower Scholls Ferry Road. Washington County and LCOC believe that the City of Tigard should have Planning responsibility for those lots. The City Planning Staff concurs. The area immediately adjacent to the east is designated Medium High Density on the City's Comprehensive Plan Map. There are existing single family residences on the lots marked with "X" on the attached map. There is a total of 16.41 acres. On October 2, 1984, the Planning Commission voted unanimously to recommend to the Council that the Medium High Density Comprehensive Plan Designation be assigned to the six lots. The October 2, 1984, Planning Commission minutes are attached. Also attached is an ordinance which would adopt the Planning Commission recommendation. ALTERNATIVES CONSIDERED 1. Adopt the Planning Commission recommendation. 2. Assign an alternative plan designation. SUGGESTED ACTION Adopt the attached Ordinance approving the Planning Commission's recommendation. (EAN:cz/0717P) TIGARD PLANNING COMMISSION REGULAR MEETING - OCTOBER 2, 1984 1. Vice President Owens the the meeting to order at 7:35 P.M. The meeting was held at the Fowler Junior High - LGI Room - 10865 SW Walnut. 2. ROLL CALL: PRESENT: Vice President Ownes, Commissioners Fyre, Butler, Leverett, Peterson, Vanderwood, and Campbell. President Moen (arrived 9: 15 P.M. ) . ABSENT: Commissioner Bergmann. STAFF: Director of Planning and Development William A. Monahan (arriving at (9:30 P.M. ); Associate Planner Liden; Associate Planner Newton (arriving at 9:15 P.M.); and Secretary Diane M. Jelderks. 3. APPROVAL OF MINUTES: o Commissioner Campbell moved and Commissioner Vander-wood seconded to approved minutes of September 4, 1984, as submitted. Motion carried unanimously by Commissioners present. o Commissioner Peterson moved and Commissioner Fyre seconded to approve minutes of August 22, 1984, as submitted. Motion carried unanimously by Commissioners present. 4. PLANNING COMMISSION COMMUNICATION o Commissioner Butler commented that he had been called at home regarding item 5.1, Mallard Lake. Several other Commissioner had also been called. o Commissioner Vander-wood stated she had communication regarding item 5.10, the Richard Smith appeal. 5. PUBLIC HEARING 5.1 PLANNED DEVELOPMENT PD 4-84, ZONE CHANGE ZC 12-84, SUBDIVISION S 9-84, VARIANCE V 15-84; WARDIN/FARR DEVELOPMENT/MALLARD LAKE NPO N 6 Request for a rezoning from R-4.5 to R 4.5 (PD), Planned Development Detailed approval and Preliminary Plat approval for a 43 lot, single family residential development, and a Variance to the maximum cul-de-sac length of 400 feet to allow a 460+/1 foot length. Located: North of SW Sattler St. between Launalinda Park and Scheckla Park subdivisions, (WCTM 2S1 11AD, lot 6500) . o Associate Planner Liden reviewed the status of the application, recommending approval with conditions. Discussion followed regarding the wetlands/sensitive lands, density, and NPO N 6 comments. PLANNING COMMISSIONER MINUTES October 2, 1994 Page 1 o Associate Planner Liden made staff's recommendation for approval ( adding that a more appropriate zone for the area might be IP, because t on Sandburg Street, it was recommended that this of the existing uses issue be studied further in the near future. APPLICANT'S PRESENTATION o Richard W. Norman, Architect, 730 SW 1st Ave. , representing rWest, e during stated that apparently an error had been mad ing the Comprehensive Pldr' process because a plan had been submitted for this site years ago. Discussion followed. PUBLIC TESTIMONY o No one appeared to speak. PLANNING COMMISSION DISCUSSION AND ACTION �t Commissioner Butler moved and Commissioner PeteCty rson seconded une dldwito forward the Comprehensive Amendment CPA 21-84 ve 4ZCo 14184 per staff's recommendation of approval and to app findings. Discussion followed regarding zoning the property IP. Motion carried unanimously by Commissioners present. ( 5.4 COMPREHENSIVE PLAN AMENDMENT CPA 22-84 CORNER OF SCHOLLS FERRY RD. NPO # 7 A request by the City of Tigard to assign the Medium High h Density Residential Comprehensive Plan Map designation to land on the 1S edge of the city, east of SW Lower Scholls Ferry Road. Lots 301, 700, 800, 1300, 1301 and 1302) o Associate Planner Newton explained why the City was placing the Comprehensive Plan Designation on these properties and recommended approval. PUBLIC TESTIMONY Beaverton, opposed being automatically o Evelyn Karls, Rt. 1 Box 382, She also brought into the City. (Staff explained she was not )traffic and opposed the Medium High density because of the heavy rred in that area. Discussion number of accidents which have occu followed. PUBLIC HEARING CLOSED CONMIISSION DISCUSSION; A,40 ACTION o Consensus of the Commission was to support staff's recommendation. * and Commissioner Owens seconded to forward Commissioner Butler moved Comprehensive Amendment CPA 22-84 to City Council Commissioners recommendation of approval. Motion carried unanimously y PLANNING COMMISSIONER MINUTES October 2, 1984 Page 5 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 22,.._ 1984 AGENDA ITEM ##: DATE SUBMITTED: October 12, 1984 _ PREVIOUS ACTION: City Council ISSUE/AGENDA TITLE: Insurance approved T.U. 13-83 on October 17, 1983 Associates Temporary Use _ PREPARED BY: _ Extension TU 13-4 i REQUESTED BY: Insurance Associates DEPARTMENT HEAD OK: CITY ADMINISTRATOR: _......_ INFORMATION SUMMARY On October 17, 1983, the Tigard City Council approved a Temporary Use to allow Insurance Associates to utilize a mobile office structure behind their office at 12501 SW Main Street. As part of the permit approval, the Council also stated Lhat Lhe applicant could apply for a one -year extension if the applicant could provide proof that they are making progress toward completion of their efforts to satisfy their space needs. Attached is a letter from the applicant requesting the extension and providing justification. Also, attached are the minutes from the October 17, 1983 City Council meeting. ALTERNATIVES CONSIDERED 1. Approve the Temporary Use Permit extension. 2. Deny the Temporary Use Permit extension. SUGGESTED ACTION Approve the Temporary Use Permit extension. (EAN:pm/0708P) l insurance Associates, Inc. (503)639-1126 This Firm is Independently Owned and operated 12501 S.W.Main St- P 0 Box 23338 Tigard,Oregon 97223 r 1 'J 7 D OiLci L) tz r L. c T.0 1'i I r a.*r C" U r T L 0 z i f - .oura it r Cllr ited TM jiA Insurance Systems Unlim ..... .. Our Knowledge Is Your Best Insurance 1. Plan for utilization of s,)ace at the Crow site or seek other space solutions. 2. Work through WCCLS to achieve a new 3-year serial levy to include a county-wide computerized circulation system. 3. Explore and utilize where possible computer technology to produce catalog cards and do in-library record-keeping tasks. 4. Develop the juvenile non-tiction collection. 5. Recruit a volunteer coordinator. 6. Develop a user survey dealing with aspects of library service and programs. 1. Request additional 3L"" Lor FY 1984-85. 8. Rebuild the book budget to a more realistic level of FY 1984-85. o George Anne Clingan, Assistant Librarian, discussed the reference, service and collection development and their success with the volunteer program. o John Henshell, Associate Librarian, explained the children's services program, giving highlights of the past year, noting special programs and events. He reported the average children's book costs $10-00- • City Librarian concluded the program and turned the meeting over to the Library Board and Friends of Library for Council workshop. b. Library Board/Council Workshop. Walt Munhall, Chairman of Library Board, restated request to obtain a new facility for the Tigard Library and hoped the November 8, 1983 issue would pass. He also requested the City contact the Washington County Commissioners regarding their rejection of the WCCLS levy. The Board feels libraries are an essential service needed for education of people. The library provides for youth and elderly and works for the betterment of people in the community. He synopsized their effort in trying to provide a library for the community and it appears the only option left is the Crow site. o Susan Mueller, Board Member, spoke to the spi e needs and need for adequate facilities. o Council thanked staff for their report and Board and Friends of Library for attending the meeting. 5. INSURANCE ASSOCIATES TEMPORARY USE a. PUBLIC HEARING OPENED OPPONENTS o Planning Director summarized memo and application noting that Council must make findings that they have met one or more of the required conditions under TMC 18.80.030. NPO #1 has recommended that the application be denied for esthetic reasons. Planning Director distributed copy of letter from adjacent property owner, Tigard Cleaners, stating they have no objection to the temporary use permit . PAGE 2 - COUNCIL MINUTES - OCTOBER 17, 1983 PROPONENTS o Dan Berteuleit, co-owner of Insurance Associates, reviewed their recent business merger and the need for additional space. He felt Pt eect on ethe stheticsorfor Tigard.ary office spHeCereported notan wase unaware of adverse thef f NPO #1 meeting. o James R. Cole, partner for Insurance Associates , stated that in their first step was to seek temporary office merging the company then -take a look at developing a pcemanent space on the site and site. They own other property in the City and may expand or develop at the other site. b. CROSS EXAMINATION o Council and applicant discussed if there would be adequate parking if a temporary building was moved on the site. Berteuleit responded there was enough parking space. C. STAFF RESPONSE Planning Director stated in his opinion condition #5 un a "Required owich IS seeking Conditions" of TMC is c olic onditloissuee for 1iCo ncilpto decide how long approval. It would be a p Y to allow the temporary use permit. E 1. licant discussed the requested 2-year period of o Council, staff and app Id be shortened. The Code does not specify if an time and if it coil said there was no extension is allowable. City Attorney pplicant provision for renewal, but there was no reason why the app could not reapply. o Applicant requested letter from City stating they could reapply if the proposed building was not ready. d. PUBLIC HEARING CLOSED o Council and staff discussed esthetics with Councilor Scott suggesting the NPO and applicant meet and report back to Council. Consensus was that the NPO had been not and were not present at Council t this location. meeting and esthetics is not a problem a e. Motion by Councilor Cook, seconded by Chairman Brian, the temporary use be allowed for a one-year period, with a letter of approval stating the applicant will be able to apply for a one-year extension if the applicant provided proof that they are making progress toward completion of their efforts to satisfy their space needs. The second year of use would be the maximum allowed, should it be granted. Approved by 2-1 vote of Council present with Councilor Scott voting NAY. PAGE 3 - COUNCIL MINUTES - OCTOBER 17, 1983 MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and City Council October 22, 1984 FROM: Jerri L. Widner, Finance Director SUBJECT: RE-CAP OF MARY BURNAM REQUEST AND PRESENTATION BY BOB BRIGGS ------------------------------------------------------------------------------- I understand that at the City Council meeting of October 8, 1984, your decision was to allow the segregation of the street assessment on the Mary Burnam property, but require that the payments be brought current first, and begin foreclosure proceedings for nonpayment in January, 1985. After receiving this message, I informed Mr. Briggs of Masters Company Northwest Corporation of your decision. He requested that he be allowed to discuss this further with you. He will be appearing this evening. Mr. Briggs will request that you not require the payments to be brought current. Mrs. Burnam has no money until her lots are sold. His company is only willing to assist Mrs. Burnam in making her lots marketable if the City will agree to segregate the street assessment and not require any payment until the lots are sold. It is still my recommendation that we segregate the street assessment by lot. I don't think there is any problem in doing this. The unanswered questions are the requirement of bringing the payments current and beginning foreclosure January 1985. This is certainly your decision to make. Mrs. Burnam has no income to pay the assessments until the lots are sold. She cannot market her lots without the assistance of Mr. Briggs and his company. Mr. Briggs would like you to consider his proposal at this time. In any case, I do not recommend that Council give up its right to foreclose for non-payment of the assessments. I MEMORANDUM CI 1 Y OF T IGARD, ORFi;ON TO: Mayor and City Council October 18, 1984 FROM: Loreen Wilson, Deputy Recorder'•, SUBJECT: Agenda Item No. 12. Please bring your copy of material distributed in your packet of 10-8-84 regarding the Burnam Segregation issue. lw/2068A CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: OCTOBER 8, 1984 AGENDA ITEM #: DATE SUBMITTED: OCTOBER 4, 1984 PREVIOUS ACTION: n/a ISSUE/AGENDA TITLE: SEGREGATION OF BANCROFT ASSESSMENT REQUEST FOR PREPARED BY: J. Widner MARY BURNAM PROPERTY REQUESTED BY: Masters Co. Northwest DEPARTMENT HEAD OK: �LQ�i�v _ CITY ADMINISTRATOR: asaaasazxasaaa:ssssxxaazaaa::x saa xsx xxaxxs=sx xax ea xx=sxax saxx xxxax axxsss_aa�ass INFORMATION SUMMARY The City of Tigard approved two local improvement districts for property owned by Mary Burnam. The projects were for street and sanitary sewer improvements. Mrs. Burnam Bancrof ted these assessments, however no payments have been received by the City to date. When the sewer assessment was made, it was allocated to 12 lots, but when the street assessment was made the assessment was allocated to only one lot but divided into two amounts. Mrs. Burnam would like to be able to sell her lots now with the assistance of Masters Company Northwest Corporation, but is unable to pay any of her assessments at this time. Normally, the City would require that before any of the lots are sold that the Bancroft be brought current and then as the lots are sold to pay off the balance. This would mean an up front cost of over $65,000.00 for the street assessment. There is no cash flow to the property at this time. Mrs. Burnam also has outstanding mortgages on the property that are due. The question is simple, will the City Council allow the staff to segregate the street assessment to the 12 lots in the same manner as the original assessment was done? The situation is this: Mrs. Burnam has no money to make her installment payments until her subdivision is developed. She can't develop her subdivision unless the assessments are paid. If the City Council agrees to segregate the street assessment against each of the 12 lots, then as the lots are sold Mrs. Burnam will be able to pay the assessments on each lot. ::asasaaaasaaaxxsaasaaa:asasaasxsxaxaaaaaaa xxax axaaxasaaasxaaaaax ssaxaxxaaaaaas ALTERNATIVES CONSIDERED 1. Do nothing. Begin foreclosure proceedings on property in December. 2. Segregate street assessment, but require payments to be brought current. 3. Segregate street assessment and agree not to collect until each lot is sold. 4. Segregate street assessment without giving up right to foreclose for nonpayment, but agree not to foreclose for nonpayment for one more year. aas asasaasaaassasassazzzaaasaaz:aasaaxa:sazzamasasazssaxsassaaxasaaaaaaasx:ssaa SUGGESTED ACTION I recommend that City Council consent to the following: Direct City staff to segregate the street assessment to the 12 lots based on the same formula r applied in the original ordinance. Further state, that the City does not give '�. up its right to collect the assessments through foreclosure for nonpayment, but will not proceed with this step until after January, 1986. (0614F) MASTERS COMPANY NORTHWEST CORPORATION 3 Alt. Jefferson Terrace Lake Oswego, Oregon 97034 (Top of Mountain Park,apining the Gazebo Restaurant) Telephone:503-635-1441 FINANCING: October 2, 1984 Financing for our customers City Council City of Tigard 12755 S. W. Ash Tigard, OR 97223 HOMES: Energy Efficient Dear Council Members: and Solar Re: Tax # LID 15 (28) Tigardville Heights Street/Property described as 2 South 1 11 BA Ta:, Lot #1000/Street Assesment We would like to help Mary Burnam and all involved parties by paying off OFFICE your interest in the above LID's as the now existing twelve lots are sold. GC'1OOMI NI UMS_ 7t If the Council will agree to amend the ordinance from the two assessed lots to a proportionate amount for the twelve lots we will do this. Respectfu y, WHOLESALERS: MAST S CO ANY NOR ST CORPORATION Bob T riggs, President DISTRIBUTORS: BTB:bh cc: Benjamin Franklin Savings 6 Loan GENERAL CONTRACTORS: MOTELS JOINT VENTURES: BONDED• LICENSED 0 INSURED 0 REGISTERED v, a u Z Z ^ wrp,•�•Q 1�4YIv.G N W _ •4061 PDOtl 44-02 « I \ _ 1A.41.1 [ _ 0 0 ^flR [{O>1 lIN1•Yrs.3 &.. 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N v Y � c Y o • v s u 1�1 0 O h e s Y a, : E `-- ; !: : • b � � Away a3e � � 0LL ♦r a • T L Y T d O T T T T T o Q <uS J < 3CA < 3 s m a ; ^ m < 3a m m o o m <c7W m ►W- z3 � �' � it ��lli cc o ow dig cc 2 LLJ • � i � a ; 00� s . i w v • o sc + c _ p -On ° O Q • J > • O U of • ^ _ . r • rci ~ w � n ~ �_ e 0 0 al— 4 Lr 2 e Vi I"- � �, •, �- E t o .� • 3 a J1 E t w G W Z : i s ~ E ' w °�E s as ♦ ; • c 40 Q„ • 7 2 QI = H u • u v • ' /I` f _'j W a i i t /'� v u s �, i e u : E 1-• i' f v : : l+ MEMORANDUM / CITY OF TIGARD, OREGON TO: Mayor and City Council. October 1.8, 1984 BobJean, r'ity Administrator I,� 1 ROM: V V SUBJECT: Council Board and Committee/Departmental Workshops Mayor Cook has asked that the Council stat a schedule for its Goal of meeting in a "field" workshop outside the hearings room format with each of the Boards and Committees/Depar•tmerits. The following is a listing for your response: Budget Committee Planning Commission Parks and Recreation Board Library Board Economic Development Transportation Crime Watch Committee CCI/NPO' s (#1-7) Civic Center Committee Municipal Court Attorney's Office City Administration Police Library Finance 6 Services Planning b Development Public Works 2068A/lw x I Meet Ln Dn-IL : l o -zz- A 15 to rq►ala Iia ,it titIttc w lit iII itI iia ata Ijt i i a t 1 1 1 i Jill 111111 i I I .! I I 1 Tm (j i I I t1 I iil1itl lli(iit IIIIIII t 111ppill 111'111 it iia rl► a�a ►la tl1 tII tit Yftii '" l I 1 I 1 � l (' TP7i1. I_._ � � I I l i I 1 I NOTE: IF THIS MICROFILMED � ( Z 3 4 _ _ 5 - 6_ 7 8 9 0 DRAWING IS LESS CLEAR THAN -- - THIS NOTICE, IT IS DUE TO _ THE QUALITY OF THE ORIGINAL -. DRAWING. - -- - ----. - _ _ OrC 6Z 8? 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I I I I i I II � II 19 20 I - 2s �. III I� l 7, 20 2 atc r l 21 21 23 22 1 I_ "]EGtTER LAN I I I I I � I ! ( I I I I; I I I 24IiJ ' � it 23 _ , hf�JJ /v •I 24 26 /YF( IIS II ISI I II 25 U �tG �411 26 27 I 27 28 , /�'. 1 I I I I I . Ii I i I I 28 29 N I I I I I I ' 30 29 l 1 I 31 � i it i I I II I I II 30 32 I I'i IT I I 31 33 i I _ 32 33 34 � 34 35 I I I I I I � I U f 8913 GFEE�Y 8213 WNtTE I +"T, I I 35 pit 11t{11t 11r1111 r11{rlr ryr 11t 11e ryl 111 111 to 1 i I 1 I 1 1 � I i'1'T�'T'{PI 1 l i r i'TR'1'''I','I�1'I111111t{n1�111{�1r�lillllt)�11ItItI�II I!ItIIIIIIII{rIIIIItI11tIII�iIllliltl111111r{111IIP1 OL AN NOTE: IF THIS MICROFILMED - - I Z .� 4 _ 5 6 7 8 9 t0 II 12 `. DRAWING IS LESS CLEAR THAN THIS NOTICE, IT IS DUE TO THE QUALITY OF THE ORIGINAL ' DRAWING. ._..____. _- OE 6Z 9Z LZ 9Z 9Z bZ ' EIZ ZZ IZ OZ 6t 81 LI 91 Sf bl EI Zl II of 6 8 L 9 5 U E Z '1 I�� e JIIIIIIIItIII{IIII�IItI{nUINr11NNI1n11N11Itili'IJ{I�III�INiN/l�iHillti1161t1IIW I Iedlu+llHilw! _1.tltlull lua?1�a, „1„I,1w111i,31+ieIn11I[ILNIIIIIIIIIIHW,J tltllllll{INIIIIIt111r1��HI1111II1111N11_�HIIIIIIIIiIII�IIJplj�j�l�lilt, . 1VIARCH 1 7 ; , 1990 i CITY OF TIGARD, OREGON COUNCIL AGEND.. ITEM SUMMARY AGENDA OF: OCTOBER 22, 1984 AGENDA ITEM DATE SUBMITTED: October 17, 1984 PREVIOUS ACTION: ISSUE/AGENDA TITLE: VOLUNTEERISM REPORT REQUESTED BY: COUNCIL i f i CITY ADMINISTRATOR: DEPARTMENT HEAD OK: , ss:sasssaaaa-------sass s:ssssssasaaaaaasaaass xsc=sans_ INFORMATION SUMMARY Attached please find a current volunteersim report through September 30, 1984. In the first column you.will find the 1983/84 totals through June 30, 1984. The "Other" category includes citizen helpers in Englewood Park, Genesis � greenway and the T.C.Y.S. who've been helping with park clean-up this fiscal year. t It may be of interest to you that many volunteers have come forward in recent weeks as a result of ads on the Cable TV Reader Board and from the Newsletter. Several are retired professional people who will be valuable resources to draw on. sssss:sssssssssssssssssssssssss:ssssasssassss:sa:ssasssssasaaassaaassssans:sssssss ALTERNATIVES CONSIDERED sssssss ss:sssssssssssasssss sssssss::sass=--------man-=s s aces......sa as s:a s s sass a s=a CSUGGESTED ACTION Receive and file L MEMORANDUM ( CITY OF TIGARD, OREGON Date: October 179 1984 TO: 1101:0RABLE MAYOR AND COUNCIL t i FROM: DONNA CORBET, EXECUTIVE SECRETARY !' SUBJECT: NON/STAFF RESOURCES/VOLUNTEER REPORT 84 September 1984/85 Percent Change 1983/ Category 1983/ 4 BOARDS 6 175.00 500.75 -57 COMMITTEES 3511.50 VOLUNTEER625.00 -48 STAFFING 5183.50 313.00 FEDERAL736.50 + 158 l ASSISTANCE 1908.00 198.50 COMMUNITY 72,00 249.00 + 311 SERVICE 320.00 40.00 1261.00 + 624 OTHER: 808.00 �,_ lUrAL: 11,731.00 798.50 3372.25 114 15,000 14,000 13,000 12,000 11,000 10,000 9,000 a 8,000 x 7,000 C 6,00 5,000 4,0001 79/80 80/81 81/82 82/83 83/84 84/85 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 22 1984 AGENDA ITEM #: 71 DATE SUBMITTED: October 17, 1984 .__ PREVIOUS ACTION: ISSUE/AGENDA TITLE:' Non—Remonstrance Policv _ PREPARED BY: William A. Monahan REQUESTED BY: DEPARTMENT HEAD OK: _ A�I _._ CITY ADMINISTRATOR: INFORMATION SUMMARY Attached is a memorandum which attempts to clarify the City's policy on requiring half street improvements and the means of assuring that a developer will complete his obligations. Besides constructing the improvements simultaneous with property development, the developer's options are: 1) Bond the improvements 2) Place the cost of improvements in a bank account which will. be maintained until the improvements are made. The language of the Code requires that a "future improvement guarantee" be made. The staff interprets the language to mean that these are the only options available to a developer. Non-remonstrance agreements are not an option. ALTERNATIVES CONSIDERED 1. The Council may adopt the staff interpretation of the City policy on street improvements. 2. The Council may modify the staff's interpretation. SUGGESTED ACTION The staff recommends that the Council adopt the staff's interpretation concerning street improvements. 0721P C MEMORANDUM CITY OF 1­IGARD, OREGON TO: Members of the City Council October 17, 1984 FROM: William A. Monahan, Director of Planning and 'Development Awov-__ SUBJECT: Non Remonstrance Policy Recently several property owners requested that the City vary its policy on requiring quarantees of improvements when development takes place. chis memo is intended to serve as a statement and clarification of what the present policy is and what it means. If the Council agrees that the staff's interpretation is accurate, the non-remonstrance policy should be ratified. Section 18.164.030 of the Community Development Code provides for the following: 18.164.030 Streets A. No development shall occur unless the development has frontage on approved access to a public street. 1. Streets within a development and streets adjacent to, shall be improved in accordance with this Code. 2. In addition, any new street or additional street width planned as a portion of an approved street plan shall be dedicated and improved in accordance with this Code. 3. Where the City Engineer determines that a required street improvement would not be timely, or where lack of support by the other property owners would prevent a complete street improvement, the City Engineer may accept a future improvement guarantee in a form approved by the Public Works Director. In addition, Policy 8.1.3 of the Plan provide in part: 8.1.3 THE CITY SHALL REQUIRE AS A PRECONDITION TO DEVELOPMENT APPROVAL THAT: a. DEVELOPMENT ABUT A PUBLICLY DEDICATED STREET OR HAVE ADEQUATE ACCESS APPROVED BY THE APPROPRIATE APPROVAL AUTHORITY; b. STREET RIGHT-0F-WAY BE DEDICATED WHERE THE STREET IS SUBSTANDARD IN f WIDTH; c. THE DEVELOPER COMMIT TO THE CONSTRUCTION OF THE STREETS, CURBS AND SIDEWALKS TO CITY STANDARDS WITHIN THE DEVELOPMENT; d. INDIVIDUAL DEVELOPERS PARTICIPATE IN THE IMPROVEMENT OF EXISTING STREETS, CURBS AND SIDEWALKS TO THE EXTENT OF THE DEVELOPMENT'S IMPACTS; e. STREET IMPROVEMENTS BE MADE AND STREET SIGNS OR SIGNALS BE PROVIDED WHEN THE DEVELOPMENT IS FOUND TO CREATE OR INTENSIFY A TRAFFIC HAZARD; These Code and Plan sections apply anytime that a street improvement is needed when development activity is proposed. Improvements are not required at the time of development only when the conditions in section 18. 164.030 A.(3) are met. These conditions state that the City Engineer must "determine that the required street improvement would not be timely, or where lack of support. . . would prevent a complete street improvement." If the City Engineer makes such a determination he then may accept a "future improvement guarantee in a form approved by the Public Works Director." The major issue is, what constitutes a "future improvement guarantee" and, what is the meaning of "commit to the construction"? Applicants for development have maintained that a non-remonstrance agreement would also serve this purpose. The City disagrees, based on an opinion of the City Attorney's office. A copy of that opinion, dated 1/12/84, is attached. A guarantee is a formal assurance that something is as represented or that a specified act will be performed. Therefore, the guarantee must provide that it is assured that the public improvements will be provided by the property owner in accordance with City standards. The City staff propose the following options: 1 . The developer may bond the cost of the entire improvement. The bond must be maintained until the improvements are completed. This option results in the developer paying bond carrying costs as well as the actual improvement costs. The developer benefits by delaying the allocation of funds to the improvement. 2. The developer may place the full cost of improvements into an interest bearing account, The account would be co administered by the applicant and the City. The applicant would not be able to make withdrawals without the approval of the City. This option allows the applicant to avoid bonding costs while holding off on improvements until the City determines that an areawide need exists. Benefits could include reduced costs due to economies of scale. Also, the improvement could be better planned to relate to the improvements of adjoining properties. An option not recommended by the staff is the execution of a non-remonstrance agreement by the applicant for a future local improvement district. Problems associated with this are outlined in Attorney Brockman' s letter. In addition, the primary method of utilizing non-remonstrance agreements relates to the formation of local improvement districts (L.ID) . The whole question of the availability of LID' s is now uncertain with Measure 2 pending. Even if Measure 2 does not pass, the likelihood exists that future legislation or referenda could pass which negates the value of any non-remonstrance agreement executed now. Therefore, the Council should take action to ratify the staff's interpretation that a "future improvement guarantee" allows a developer• the option of bonding all public improvements or creating a yepartLu joint bank account with the City to hold funds for construction until the improvements are completed. The language is not interpreted to allow the use of a nun-remonstrance agreement. If the Council disagrees with staff, further action is needed to clarify the intent of the Plan and Code language. 0721P ;v h l y ATTORNEYS AT LAW �- 1727 N.W HOYT STREET TO Bob Jean, Frank Currie & till Monaha PORTLAND, OREGON 97209 150312224402 FROM Adrianne Brockman RE Nonremonstrance Aqreements You have asked me to review a number of nonremonstrance agreements. Recently, you have asked me to review a form entitled "Consent to Annex to the City of Tigard and Waiver of Right of Remonstrance. " The purpose of this memorandum is to raise what may be legal defects with this process and to recommend that nonremonstrance agreements be used as a last alternative. You should understand that t am not siy11ing to the effect that a nonremonstrance agreement is legally enforceable when I sign it as to form, but rather that it is proper as to form. The question is whether nonremonstrance agreements are legally enforceable and, in fact, I am of the opinion that they absolutely are not enforceable if they are not recorded. The following are the issues which I see. You may wish to direct us to research the matter, but I want to caution you that it will be time-consuming because this issue has not been litigated, yet. It has not been litigated because jurisdictions have "backed off" when it has come to the doorstep of litigation. The issues are: 1 . Is the right to remonstrate a "right to vote?" Certainly it has that effect because if the people owning 66% of the property object to the project, it is dead for at least six months. So, the right to object is, in fact, a right to vote. 2. If the right to remonstrate is a "right t, vote, " under the U. S. and state constitutions can the city hold services, etc. as a hostage until the property owner relinquishes or signs away the right to vote?; and 3 . Under the constitution can you enforce a contract with someone whereby the person has contracted away their constitutional right to vote? 4 . Assuming the nonremonstrance agreement process is legal with regard to the person who signs the agreement, can I take away the right of some future owner' s right to remonstrate? That is, if I sign an agreement, can I bind the purchaser of my property to a nonremonstrance agreement? Hopefully, the above questions will assist you to see the possible problems. Therefore, the city should not rely on the remonstrance agreement as being anything more than a bluff. I am not suggesting that you do away with the process because it may be legal . Rather, you should use it but be conscious that we may not be able to C enforce it. a AB:mch j 1/12/84 1 P 1 MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and City Council October 17, 1984 FROM: Jerri L. Widner, Finance Director SUBJECT: SEPTEMBER DEPARTMENTAL SUMMARY ---------------------------- ---------------------------------- ------- AC ------------------- ---------------------------- ACCOUNTING Accounting concluded the field work with the auditors for the annual report- , nowof The new chart of accounts has been added to the computeruarteritrepo manor be inputting data from July I. We expect the first q completed within three weeks. The final double billing for the sewer was sent out the first week of September. SUPPORT SERVICES rk is A temporary court clerk has been hired to assist etstheibacklogle the cofrwork eup to t recovering from surgery and is also helping to gth and received g the mn date. The receptionist =ocessin tp hone c alls rsnowhas apart-timeemployeeo t ained 1982 walk-in contacts. Word p g to operate the system. ADMINISTRATION The Bancroft Bond was sold September 11, 1984. Finance Director and City ositions. Recorder continued to cover for absent employees and vacantfo account Finance Director has been reviewing transactions since July number accuracy and has been working with the auditors to wrap up the details for the annual report. a �. f, AARD LIBRARY PUBLICPhone 839-9511 MONTHLY REPORT September 1984 12588 SW Main•Tigard. Or.97223 TO: Library Board City Council FROM: City Librarian WCCLS: City Managers, librarians and WaGhineton County Cooperative Library Service (WCCLS) staff held two meetings to identify issues which need to be clarified and agreed upon in order pnue hasthe deteorminedtual the areaswement hich for county-wide library service. Thee group rougroup seem to be causing problems between members of WCCLS, WCCLS staff and Washington gp ie County administration. At itsthatoundereting 0regunhlawroserialcleviessarelthe funding for WCCLS, concluding best solution for libraries ifaccess ssif itocthe bbelsupported separaot can be �elyAinoma- tion was considered a primary g case of the demise of WCCLS. Library development in the unincorporated areas, Current local autonomy and the role Sd fWCCLS scussedonatoaslwellr were also e The next meetingis scheduled use of library levy funds '3 for October 18. ry received $1,453.57 for the annual state per State Per Capita: The libra capita allocation. Volunteers: Twenty-two volunteers worked a total of 199.25 hours; 8.3 hours daily average. Community sers rvice persons worked a total of 27.5 hours; average of 1 .2 hours. Youth Services: September is traditionally a quiet month at Tigard Public Library when no children's activities are planned and story time is not held. Volunteer story tellers continued to sign up at the library and so far six, possibly seven, people will conduct a storytime. Three school groups visited the library in September for tours. Two pre-school groups enjoyed a very brief introduction to the library, library cards and stories. A 7th-8th grade class from Gaarde Christian School began what is a weekly visit to the library on Friday morning when the library is closed to the public. WORK INDICATORS: September 1984 September 1983 5095 6911 Adult Materials 2329 2665 Juvenile Materials 7424 9576 Total Circulation 20 21 Days of Service 371 456 Average Daily Circulation -- Increase/Decrease Circulation 202% 385 Reference/Readers Advisory 330 684 Materials Added 31 188 Materials Withdrawn 144/116=260 189/85=274 Borrowers: New/Renewal CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October _j�1984 AGENDA ITEM DATE SUBMITTED: Octr - _16_L PREVIOUS ACTION: ISSUE/AGENDA TIALF: Monthly_ September — Planningand Development PREPARED BY: REQUE.S-11'1) BY: DEPARTMENT HEAD OK: CITY ADMINisrRATOR: !7 p. INFORMATION SUMMARY Attached is the monthly report for Planning and Development for September, 1984. Enclosed are: Cover memo - including comprehensive Plan and Economic Development update. Building Department Planning Commission minutes and Planning Directors decisions. Annexation Report Code Enforcement Report Economic Development Minutes Engineering Division Report ALTERNATIVES CONSIDERED SUGGESTED ACTION Accept and place on file. (WAM:cz/0701P) MEMORANDUM CITY OF TIGARD TO: Members of the City Council FROM: William A. Monahan, Director of Planning and Development DATE: October 17, 1984 SUBJECT: Monthly Report - September, 1984 Attached please find ;.he Monthly Report for September prepared by the Department of Planning and Development. Elements of the report are: Building Division Report Planning Decisions Annexation Report Code 7nforcement Report Economic Development Committee Minutes - September 18 meeting Engineering Division Report Copy of Portland Sign Letter distributed ' ,) Candidates Building Activity in August showed a slight increase in fees although the number of permits decreased in single family co,istruction. In fact, the amount of building fees received, was the highest in the past two years. A list of commercial activity since July is contained in the Building Division Report. Following is a comparison of building activity for 1983 and 1984 through September: Through September 1983 Through September 19e4 Single Family Permits 188 149 Commercial Permits 15 40 Building Permit Fees $92,284.81 $93,445. 75 Plan Check Fees $53,619.80 $44,197.19 Plumbing Permits $26,945.85 $27,060.19 Mechanical Permits $4,266.44 $3,985.52 Sign Permits $1,255.00 $1,570.00 Valuation $19,310,320.00 $21,662,103.00 Comprehensive Planning - The City's plan and In Order to Comply materials are being evaluated by LCDC. We ar- „ regular contact with LCOC staff as they review the submittals. Our ack w1wigement hearing will be held in October. Economic Development - The or.nittee met on September 18 to discuss subcommittee responsibilities. There are no costs associated with the Committee during September. (WAM:cz/0076P) MEMORANDUM TO: CITY COUNCIL FROM: PLANNING AND DEVELOPMENT DEPARTMENT DATE: October 2, 1984 --UBjECT• Monthlv Report for month of SEPTEMBER - Building Division September's building activities include permits for 2 signs, 13 single family residential, 2 residential alter/repair, 7 commercial, 9 commercial alter/repair, 3 fill, 1 reinspection, 1 storage, 1 demolition and site grading for a total valuation of $4,730,200.00. King City permits include 2 new residential for a total valuation of $297,000.00. Fees for 41 permits $2.2,641.69 Fees for 2 signs 50.00 Plumbing Acitivity - 38 2,567.60 Mechanical Activity - 28 482.50 TOTAL. . . . . . .$ $25,741.79 Sewer Connections - 44 $40,700.00 Sewer Inspections - 14 $ 550.00 Y a. s 0 0 0 0 0 0 0 8 0 $ $ $ 8 8 8 8 00 00 0 8888888. 888880 08p � � 8o8o8p o QQS52� S52� 5� p0 o OSO ? 00888888 � 8c § 880808o P o 0 N vzzz0a�zz 0 0 0 0 o 0 0 o o m o 0 0 < o W co S �p .+ N N S n .-+ Q (^ ,f` '. 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N TO e o T� r+ r+ T ►. .rr• m > rt Tc ►+ Lac L cU e oLi E +� d L c E o o .+ O on -. d c �+ a+ �' .� cn d O r r+ r+ r+ r+ r+ d 4j LO L d Y O T T m �' "y �, L 3 0 0 o t a E aE L c �, v a .J o y '40 v im 41 is a 14 w e L o E E 3 C Q .. J V) L C W, ro c a'p i. a o J L n 3 :3 L x 7 41 W 41 rt U ►cU ►c•� 1-0 v L LU '� 3 33 ►71� � oa3 c+' � " � - F- cnH _ a C� cnF- oW L ►- _ S I G N P E R M I T S September 1984 CONTRACTOR ADDRESS ____...__ _ VALUATION King Torg's 1.2.750 SW Pacific Hwy. 2,400.00 Southland Corporation 7-11 13235 SW Pacific Hwy. N/A Total 2,400.00 I� COMMERCIAL ACTIVITY SINCE JULY 1981 Fiscal Year 84-85 Month Applicant Potential Address Valuation Sq-Foot July 84 Westwood Retail Store 11705 SW Pac. Hwy. $746,000. 26,240 July 84 Westwood Rax Restaurant 11701 SW Pac. Hwy. $207,000. 3,550 Aug. 84 Hall Baptist Church 14125 SW Hall Blvd $220,000. 8,162 Aug. 84 Pac Trust Comm. Building 16250 SW Upper Bn. $651,000. 38,300 Aug. 84 Pac Trust Comm. Building 16505 SW 72nd $826,000. 48,612 Sept. 84 Trammell Crow Tilt-Up Bldg. 11950 SW Garden P1 $788,800. 46,400 Sept. 84 Joseph Hogan Shell Only 11225 SW Greenburg $ 51,000. 2,950 Sept. 84 Sentrol Inc. Tilt-Up Bldg. 10575 SW Cascade $999,600. 58,800 (0590P) ,a TIGARD PLANNING COMMISSION REGULAR MEETING - SEPTEMBER 4, 1984 1. President Moen called the meeting to order at 7:38 P.M. The meeting was held at the Fowler Junior Nigh - LGI Room - 10865 SW Walnut. 2. ROLL CALL: PRESENT President Vanderwood Moen;Bergmann,l Leve ett wand Butler, CampbellB ABSENT: Commissioner Peterson. STAFF: Director of Planning and Development William A. Monahan (arriving at 9:30); Associate PI-11. --s Keith S. Liden, and Secretary Diane M. Jelderks. 3. APPROVAL OF MINUTES: • Commissioner Bergmann moved and Commissioner Owens seconded to approve the minutes as submitted. Motion carried by majority vote of Commissioners present. President Moen abstained. 4. PLANNING COMMISSION COMMUNICATION • There was no communication. i 5. PUBLIC HEARING ? 5.1 NPO APPLICATIONS REVIEWED • Commissioner Owens moved and Commissioner Vanderwood seconded to recommend to City Council to appoint Sandra Leihn to NPO N 2 and Naida James to NPO 03. i Motion carried by unanimous vote of Commissioners present. 5.2 SUBDIVISION S 6-84 / W.L. SAWYER/CECIL BOONE PARK NPO #5 Request to subdivide a 2.37 and 0.29 acre parcels into 22 lots, located Northwest corner of Durham and gist Avenue (WCTM 2S1 12CC, Lots 1800 and 1802. • Associate Planner Liden made staff's recommendation for approval with 11 conditions. • Ryan O'Brien, representing the applicant was available for questions. • Discussion followed regarding the vacation of SW 81st, public improvements, access to Durham, and a turn around on gist and Boone Street. PUBLIC TESTIMONY • No one appeared to speak. PLANNING CONMIISSION MINUTES SEPTEMBER 4, 1984 PAGE 1 PUBLIC HEARING CLOSED • Commissioner Butler, Fyre, and Leverett felt that a condition was needed for the Fire Department to review the project for a turn-around. • Commissioner Vanderwood was concerned about access from 79th to Durham Road. Discussion followed. Discussion followed. s Goir.Tslssionwr Butler moved, Coamiissioner Bergmann seconded to approve S 6-84, Cecil Boone Park, with the following conditions: 1. Standard half-street improvements including 24-foot pavement widths, sieewalks, curbs, street lights, and driveway aprons shall be provided along th 81st Avenue frontage and the Bond Street extension. Full-street improvements on Boone Street including a temporary turn around at the west end shall be installed. 2. Seven (7) sets of plan-profile improvement construction plans and one (1) itemized construction cost estimate, stamped by a registered civil engineer, detailing all proposed public improvements shall be submitted to the City's Engineering Division for review. 3. Construction of proposed public improvements shall not commence until after the Engineering Division has issued approved public improvement plans (the Division will require posting of a 100 % performance bond), the payment of a permit fee and a sign installation/streetlight deposit. Also, the execution of a street opening permit or construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. 4. Street plugs, one foot in width, shall be provided to the satisfaction of the Engineering Division on Boone and Bond Streets. 5. The 813t Avenue improvements shall be required as far south as the southerly subdivision street. The remaining portion of the right-of-Tway to Durham Road may be vacated. 6. A City of Tigard approved Non-remonstrance Agreement regarding future improvements along the Durham Road frontage shall be recorded with Washington County and returned to the Planning Department prior to issuance of building permits or change in property ownership. 7. Necessary survey work shall comply with the following: A v.!rt-*c:1 Datum shall be City of Tigard (N.G.S. 1929). All existing and established (temporary) bench marks in the vicinity of the project shall be shown on the construction drawing. PLANNING COMMISSION MINUTES SEPTEMBER 4, 1984 PAGE 2 b. Compliance of 18.160.160 (all) with the following exception: 18.160.160 A.2 Capped 5/8" X 30" Iron Rods on surface of final lift will be acceptable. NOTE 18.160. 160 8.1 City of Tigard Primary Control Surveys (CS. # 19,947 6 20,2.?3) Local-ground coordinates exist for all stations. State plan coordinates not required. City can make transformation given local coordinates. C. Compliance of 18.160.190 (B) d. All storm and sanitary lines shall be placed in positions that DO NOT interfere with centerline monumentation. 8. The subdivision will contain a maximum of 22 lots. 9. Additional right-of-way shall be dedicated to the City along th 81st Avenue frontage to increase the right-of-way to 25 feet from centerline. The description for said dedication / shall be to the street centerline. The legal description l shall be approved by the Engineering Division and recorded with Washington County . Also, additional right-of-way shall be dedicated as necessary to accommodate half-street i improvements along the northern boundary of the subdivision. 10. After review and approval by the Planning Director and City Engineer, the final plat shall be recorded with Washington County and a mylar copy of the recorded plat shall be submitted to the City Engineering Division within 15 days of recording. 11. This approval is valid for the period of one year from the final decision date. Motion carried 6-2. Commissioner Owens and Vanderwood voting no. �. 5.3 APPEAL OF SDR 12-84 WESTERN INTERNATIONAL PROPERTIES NPO Its Appeal of condition for construction of industrial buildings and related facilities on three parcels. Property zoned I-P (Industrial Park). Located Northwest corner of 72nd and Tech Center Dr. (WCTM 2SI IDC Tax Lots 700 and 800). e Associate Planner Liden reviewed the appeals noting that staff concurred with the applicant that the sidewalk was not necessary on the north side because of a previous letter. Discussion followed regarding the .:a_walk and RR crossing. • Commissioner Butler asked if policy 11.5.1 had been applied to this application. Discussion followed. PLANNING COMMISSION MINUTES SEPTEMBER 4, 1994 PAGE 3 • Alan Fox, Representing Western International Properties reviewed changes they were proposing to protect the residential area. • Bob Rossi, landscaper for the applicant, reviewed the Landscaping Plan. • Alan Fox continued his presentation regarding the condition requiring the railroad crossing. • Bruce Magnuson, David Evans and Associate, reviewed a railroad crossing application submitted in 1981 by Kittleson/Brown. • Alan Fox continued how they did not feel they should be required to pay for installation of the railroad crossing. rred to cy • Sharon Taka nas buffer. The poli'cy0has,beeneviolated ands 5 should fora50footbe upheld. PUBLIC TESTIMONY • Pat Hermanson, 7530 SW Cherry, owner of property behind Belknap, explained problems which they have experienced. She was concerned that the new development would only add to the problem. wanted to know what assurance they would have that the residential area would be protected. Discussion followed. • John Torpling, 7430 SW Cherry, concerned for buffering and favored the 50 feet. • Mr Fredrich Jensen, 7450 SW Cherry, commented that he had attended the meeting between the applicant and the NPO. He commented on existing violations and the lack of protection for the residential area. He supported a 50 foot setback. He wanted to know when the sewer would be installed, what of fencing.yard He lightswould to lbe' assured access, and the possibility of adequate screening within two years. REBUTTAL • Mr. Fox responded to concerns of the residents. He noted the building is set back 50 feet from the property line and how they had complied with requirements of the code. Questions and discussion followed between applicant, staff and Commissioners. PUBLIC HEARING CLOSED COMMIISSION DISCUSSION AND ACTION • Commissioners Leverett, Fyre, Vanderwood, Campbell, Owens, Butler, Bergmann did not feel the RR crossing should be constructed by the applicant. President Moen felt that the applicant should assist I with half of the construction but would concede. • Lengthy discussion regarding the setback, installation of the sewer, and sidewalk. PLANNING COMMIISSION MINUTES SEPTEMBER 4, 1984 PAGE 4 • Commissioner Fyre moved and Commissioner Leverett seconded to approve the first appeal for a variance to the sidewalk not required the RR crossing, and table 2nd appeal regarding landscaping and setback. Discussion followed. Motion failed 6-2, Commissioner Leverett and Fyre voting yes. • Commissioner Butler filed by and Ca ole 1ssioner Owens Stewart, based seconded n Setion to accept the appeal 18.68.050 C.,4 of the Community Development Code and policy 11.5.1 C 1 and 2. Motion carried unanimously by Commissioners present. • Commissioner Fyre moved and Commissioner Leverett seconded to accept Western International's appeal as submitted based on information supplied and testimony given. Motion carried by majority vote of present, Commissioner Butler voting no. 5.4 PLANNED DEVELOPMENT PD 3-84 THE FOUNTAINS AT SUMMgERFIELD NPO #6 Continued from August 7, 1984 Planning Commission meeting. • Associate Planner Liden reviewed history of the development and changes which have been proposed since the last hearing. APPLICANT'S PRESENTATION • Vlad Voytilla, 15300 SW 116th, supported staff's presentation and was available to answer questions. PUBLIC TESTIMONY • PhiI Pasteris, NPO #/6 Chairman, stated a meeting had been held and items of concern had been worked out. • Dave Atkinson, 10460 SW Century, member of NPO #►6 and Summerfield Association member, supported the proposal adding there were some items which would be worked out between the applicant and the Summerfield Association. PUBLIC HEARING CLOSED • Associate Planner Liden added the following requirements: 1. Requirement for additional right-ofy on Naeve Road. Half street improvements to minor collector. 2. Condition N5, "add "e" sewer line public maintained". Owens moved and Commissioner Vanderwood seconded for conceptual approval of PO 3-84 with the following conditions: 1. Seven(7) sets of plan-profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a registered civil engineer, detailing all proposed public improvements shall be submitted to the City's Engineering Division for review. 5 2. Construction of proposed public improvements shall not commence until after said Division has issued approved public improvement plans (the Division will require posting of a 100% performance bond), the payment of a permit fee and a sign installation/streetlight deposit and also, the execution of a construction compliance agreement shall occur prior to the issuance of approved public improvement plans. 3. Vertical Datum shall be City of Tigard (N.G.S. 1929). All existing and established temporary bench marks in the vicinity of the project shall be shown on the construction drawing. 4. Compliance of 18.160.160 (all) with the following exceptions: 18.160. 160 A.2. Capped 5/8" X 30" I.R. 's on surface of final lift will be acceptable. 5. The on-site sanitary and storm system shall be maintained by the homeowners associate except for the main sewer line serving the project. The 8" publicly maintained line shall have corresponding easements that are acceptable to the Engineering Division. 6. All sewer laterals serving more than one unit will require a joint maintenance agreement to be approved by the Engineering Division and recorded with the plat. 7. The storm and sanitary manholes at the north end of 114th Avenue shall be encompassed by public easements. 8. The on-site drainage ditch(s) shall be constructed to provide for ease of maintenance (wide b shallow, grass lined) and public safety. 9. The detailed plan shall be submitted for the Planning Director's approval prior to issuance of building permits. Said plan shall include the following modifications: a. Revised landscaping plan which is consistent with the visual clearance Chapter 18.102 of the Code. b. Buildings shall be relocated to meet the setback provisions of the R-20 zone. 10. The existing stub street off of 109th Avenue shall be vacated and maintained by the Homeowners Association. 11. The project may be developed in phases for up to seven years from the date of detailed approval. A new application shall be required after seven years have passed, or if major i modifications including a recreational facility are proposed. PLANNING COMMISSION MINUTES SEPTEMBER 4, 1994 PAGE 6 12. Additional requirement for 30 feet Right-of-Way from center line will be required for Naeve Road, and shall have half-street improvements to a minor collector. Motion carried unanimously by Commissioners present. 5.5 PLANNED DEVELOPMENT (PD 4-84) SUBDIVISION (S 9-84) ZONE CHANGE (ZC 12-84) VARIANCE (V 15-84) MALLARD LAKE/DAVID FARR/FARR DEVELOPMENT CO/WARDIN • Associate Planner Liden reviewed the application and made staff's recommendation for approval with 11 conditions. However, other items need to be discussed susch as density and sensitive lands. Also, other conditions would need to be added. • APPLICANTS PRESENTATION, Bill McMonagle, 8905 SW Commercial, stated the Ponds could be filled in if necessary to create 70500 square foot lots. He wanted the proposal approved so they could begin the work. • David Farr, 9520 SW Beaverton Hillsdale Highway, spoke in favor of s the application. PUBLIC TESTIMONY • Phil Pasteris, NPO N6 Chairman, stated that the livability of the area was their concern not the ponds. He reviewed the difficult time he had getting adequate opportunity to review this project and requested it be postponed. r 1 • Lengthy discussion followed. Consensus of the commission was that the project should be reviewed by the NPO and the Park Board. • Commissioner Owens moved and Commissioner Vanderwood seconded the motion to table this item until October 2, 1984; it is to be the first item on the agenda, with direction to have the application reviewed by the NPO and Park Board. Motion carried by majority vote. Commissioner Leverett abstaining, because he is an abutting property owner. 6. OTHER BUSINESS • Discussion regarding 2nd meeting. Meetings to be held on October 2nd and October 3rd if necessary. 7. MEETING ADJOURNED 11:05 P.M. i Diane M. Jelderks, Secretary ATTEST: A. Donald Moen, President (03:bs/0631P) PLANNING COMMISSION MINUTES SEPTEMBER 4, 1964 PAGE 7 Place Under City of Tigard Logo LOT LINE ADJUSTMENT M 7-84 JOSEPH & MARY HART/EDITH CARNAHANparcels NPO 8 2 wo The Director has approved wit arc 1 iof 015.89 andu 3.92 acresu ands pr perties of 15.53 and 4.29 acres into p zoned R-4.5 (Residential 4.5 units/acre)0Located:1S10934AC,1 lot 2300). North Dakota St., Tigard (WCTM 1S1 34DB, r w. 1 3• . 1 AA R I - s DA. TA = cond tio ado finding of facts, decision and statement of 127551 SW nAsh a P•Oe The adopted artment, Tigard City Hall, obtained from the Planning Dep 22, Box 23397, Tigard, Oregon 97223. The decision this decisions in accordance with 1984. Any party to the decision may app 18.32.370 of the Community Developmentt ler ection 18.32.290(A) and section may be filed within 10 day notice which provides that a written appeal is given and sent. The deadline for filing of an appeal is 4:30 P.M. October ill be De Novo. 22, 1984. The hearing on an appeal w III,- TT ISTT Publish Ocober Q, 1984 Place Under City of Tigard Logo MINOR LAND PARTITION MLP 5-84 ROGER BELANICH The Director has approved with conditions a request to partitiona 53,845 sq. ft. parcel into three parcels of 8,754, 30,094, and 15,047 sq. ft. on property zoned C-G (Commercial General). Located: 10765 SW Greenburg Rd. (WCTM 1S1 35BC lot 200).SITE DEVELOPMENT REVIEW SDR 23-84 HOBART VERMILYE The Director has approved with conditions a request to renovate lan existing building to accomodate a fitness facility, sports medicine clinic, and deli on property zoned CBD (Central Business District) Located: 12215 SW Main Street, (WCTM 2S1 2AA lot 5500). HOME OCCUPATION PERMIT HOP 9-84 John C. Mituniewkz The Director of Planning and Development has approved, NPO #1 Home Occupation Permit for an office for pest control inwthe home iato10195 SW Hillview Street (WCTM 2S1 2CC Lot 2000). �\VIN _- s• �tl nil 7 -r ', r � / - r-�" ,C ✓/ a [� The adopted finding of facts, decision and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 12755 SW Ash, P.O. Box 23397, Tigard, Oregon 97223. The decision shall be final on August 6, 1984. Any party to the decision may appeal this decision in accordance with section 18.32.290(A) and section 18.32.370 of the Community Development Code, which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is 4:30 P.M. August 6, 1984. The hearing on an appeal will be De Novo. TT Publish Ocober 4, 1984 L �a O (+ y C .O 4 O V W w v b u o X V 0�0 G V co rn � a a � CO N .,O 8 7 4 00 J4.1 u C a v cn oH01 O H 'Q p p N w pi VJ Z . O N OC H Z OC p Hp� rn < dl Z H O , u H s rn < 7G in • • • 7G j r r u p ? O ..� ..+ ..+ G. G C C O O O O � i i w w w 1 � 41.0 b r w O .0 v v 00 w w w d b b b b r r r ..� ..+ u ''4 41 Ai as Aj °a a °a a a � 1+ 3- W4 n+ 01 a -1 96 i. r ♦J b + r4 to od M w O so .+ O N v CM � 0 y 4 N N Q _ .4 t > > z °" CODE ENFORCEMENT ACTIVITIES FOR MONTH OF SEPTEMBER 1984 — ED WALDEN 9/2/84 (a) Answer phone two hours on complaints and what the Code Requirements are. (b) Three hours on investigation of fills in sensitive lands area, 72nd, ;10;, McDonald, Ash, Tigard Ave. (c) Investigated noise complaint, 1 1/2 hours at Tigard Plaza. (d) 1 1/2 hours on investigation of Truck Parking and Excessive noise on Lincoln Street. 9/13/84 (a) Investigated parked vehicles and possible illegal use of same as living quarters. Tigard and North Dakota. Two hours. (b) 1 1/2 hoL'. 3 on complaint of large truck parking on Sattler and Hall Blvd. complaint by Mrs. Blakesly . (c) One hour on complaint of fence and drainage in Englewood Subdivision. ( (d) One hour on Complaint of mobile home being used on lot as living quarters . Mountainview Lane area. (e) Two hours on Invetigation of fill in Sensitive Lands Area. (f) 1/2 hour on dust located on Pfaffle Street. 9/20/84 (a) Two hours noise complaint at Tigard Plaza, about repair of Lawn mowers etc. (b) 1 1/2 hours investigated complaint of water drainage from Midas Muffler, gave report to Planning Director. (c) Two hours on phone answering complaints. (d) 2 1/2 hours Business License investigation. 9/27/84 Three hours on Telephone with complaints Two hours on Sensitive Lands complaints CTwo hours on dirt in roadways. One hour on miscellaneous problems. O720P CODE ENFORCEMENT FOR MONTH OF SEPTEMBER 1984 — BRAD ROAST I 9/11/84 Business License 4 hours Sensitive Lands 1/2 hour Hazards 2 hour- Miscellaneous 1 1/2 hours 9/18 Business License 1 hour Signs 3 hours Hazards/junk 2 hours Miscellaneous 2 hours 9/25/84 Business License 4 hours Junk 2 hours Signs 1 hour Miscellaneous 1 hours 0720P TIGARD ECONOMIC DEVELOPMENT COMMITTEE Minutes, September 18, 1984 7:30 A.M. - Pioneer Pies Restaurant Members Present: Mark Padgett, Chairman Amo De Bernardis Ton /Orlandini Pat Kennedy Bruce Clark Staff: William A. Monahan, Director of Planning and Development Diane M. Jelderks, Secretary Guest: Alan Fox, Western International Chairman Padgett called the meeting to order. The minutes of August 15, 1984, were approved as submitted. William Monahan explained that the Economic Development Action Plan was presented to City Council by Mark Padgett. Mark commented that the Council was concerned that the Committee would become co-applicants in their advocacy role. Discussion followed. Bill Monahan suggested that the Subcommittee Leads for the 4 target areas be the appointed members from that area; Toni Orlandini, downtown; Jim Corliss, Tigard Triangle; Bruce Clark, Cascade Blvd. ; Bob Williams, 72nd Ave. . Mark Padgett suggested that Pat Kennedy and Bob Nunn be the Subcommittee Leads for Uniqueness of Tigard/Realtor Contact and that Amo De Barnardis and himself be the Leads for the Advocacy Subcommittee/Education of public. Discussion followed regarding the Mayor being a designee. Mark would discuss with the Mayor to see how he feels. Discussion followed regarding the responsibility of the subcommittees, which would be to recruit assistance. Assistance could come from property owners, realtors, and other citizens who could provide the committee with information, gather data, and contact for people to talk with who are interested in moving into the city. It was determined that it would be okay for a member of the subcommittee to have a vested interest. Also, the Subcommittee Leads are to report back on people who they have contacted to assist. Discussion followed regarding recruiting volunteers for the subcommittee and what their status would be. It was decided to change the term "subcommittee memberships" to "Resource Leads". Bruce Clark showed plans being proposed by the Tigard Water District. Bill Monahan explained the code and zoning problems involved and that the NPO opposed the proposal. Discussion followed. Amo and Bruce supported the proposal with screening for the pipe storage. Economic Development Minutes 9/18/84 ME_M0 h nND1JM CITY OF TIGARD TO: William A. Monahan, Director of Planning and Development FROM: Randy Clarno, Engineering Services Manager�, &- DATE.: October 10, 1.984 ..._ O O M,iii i.�iiy rP_Nv:"t fv� .�cN�.r.'Mi..a, ..�v JUtlJtl.l ���yiliidC� L��y Personnel Time Spent in Area I. Public Works Department Support A. Interim improvement projects 1 . S.W. O'Mara Street (support completed) 7. S.W. Franklin Street (support completed) ; . S.W. Ash Avenue B. Other Projects 1. S.W. Bonita Rd. slide repair (support completed) 2. Fanno Creek Park 3. Annual Street Overlay (support completed) -- 10% CI. Planning and Development Activities A. Development Application Review 8% for Engineering Standards. B. Public Improvement Permits (plan 34% check, construction inspection and project administration C. Processing legal forms, citizen 6% assistance and other agency assistance. D. Special Project Activity 16% 1. Field Control Network and computer aided Base Mapping 2. Development Services Policies 6% E. Other Activities 1. Planning and Building Support 10% 2. Administrative 5% 3. Vacations, sick leave, etc. . , 5% PLANNING AND DEVELOPMENT TOTAL 90% F. Project fees and collected 1. Public Works Service Fees a. Streetlight fees $ 472.32 b. Sign Fees _p_ TOTAL 472.32 2. Engineering Service Fees a. Street and Sewer Permit Fees $1,369.92 Ff MEMORANDUM CITY OF TIGARD TO: All Political Candidates in Tigard FROM: William A. Monahan, Director of Planning :and Development DATE: August L9, 1984 SUBJECT: Political Signs With the November election season fast approaching, I would like to make you aware of the Tigard code provisions which relate to political signs. Tigard allows signs which promote or appose a candidate or measure in an election without requiring a sign permit. Any signs placed on properties, however, must comply with Section 18.114.060(B)(1) of the Tigard's Community Development Code. The Code provides that any signs: "1. Shall be erected on private property with the consent of the lawful possessor of the property and shall not be placed on utility poles or in the public right-of-way. In addition, the total square footage of signage per land parcel cannot exceed six square feet in a single family zone. The standard sign is roughly 2.6 square feet in size, therefore, on the average only two or three signs in total are allowed per lot. The code also provides that signs on residential lots must be spaced at least fifty feet apart while on non-residential lots they must be spaced at least 30 feet apart. I am appealing to you to take steps to insure that no signs to be erected for your campaign violate the City's sign code. Please be advised that should violations of the Code occur, the Building Division may be forced to confiscate any signs which are in violation of the code. The Tigard City Council has expressed concern that City resources should not be expended to correct a problem which easily can be controlled by individual candidates. I appreciate your cooperation in this matter. Sincerely, William A. Monahan Director of Planning and Development (WAM:cz/0599P) �w _, POLICE DE:PARgT4E- `1' MONTHLY REPORT _ September, 1984 —� (Third Quarter Recap) TO: City Administrator/City Council FROM: Chief of Police I. Personnel T;,e dtz!parunent is down once from full strength tr: ironttr. The patrol position left vacant when an officer resigned ha,. riot been filled yet. Our new dispatcher failed to make probation, !:nit this vacancy was filled by our current police intern. The average daily department strength this month was 15.9 as compared to 16.5 for September 1983. By division, the breakdown is as follows: Administration 1.6; Support Services 3.9; Patrol 7.7; Traffic 1.1 and Investigation 1.7. II. Service Deliver The department responded to 549 non-criminal calls for service in contrast to 516 calls in September 1983. The combined total non-criminal calls for service the first 9 months of 1984 was 5,650; for this same time period in 1983 the total was 4,650. Patrol Division's obligated time, was 1,840.2 hours; for the first 9 months it was 17,205.1. The non-obligated time this month was 396.8 hours; for the third quarter it was 4,397.3 hours. III. Crime There were 102 Part I crimes reported this month as compared to 123 for September, 1983, down by 21 crimes in this classification, or 17.1%. There were 21 Part I crimes cleared this month, or 20.6%. The total Part I crimes reported this third quarter was 784 in contrast to 919 for this same period last year, a decease of 14.7%. The clearance rate for Part I crimes this third quarter is 33.5%, or 263 cases. In contrast to the same time period in 1983, 30% were cleared, or 276 cases. The department responded to 50 Part II crimes, and 29 were cleared, or 58.0%. For the same month last year, 59 were reported and 29 %ere cleared, or 49.1>0. There were 43 persons charged this month as compared to 45 for this same time period last year. The total Part II crimes reported this third quarter was 680 in contrast to 593 reported for this same time period of 1983, an increase of 87 cases, or 14.7%. There were 432 Part II cases cleared this third quarter, or 63.0. During this same time period in 1983, 269 cases were cleared, or 45.4%. The Investigative Division worked <"I active cases this month, and cleared 5, or 18.5% of their active cases. The total active cases worked this third quarter by the Investigative Division was 247, of that number 118 cases were cleared, or. 47.8%. The reported property loss was $57,252, and $17,158 was recovered, or 30%. The combined total property loss for this first 9 months was $569,303; of that total $134,696 was recovered, or 23.7%. IV. Traffic FauOi L1ViJi01-1 lt_SpIJnUC-V LV 27 C11,111It:11L5, Vl 1,11UL 11lAliU.X:l 9 Wul tr injury. There were 368 citations issued, as compared to 208 for this same time period last year. In addition, 359 warnings were given this month as compared to 35 in September, 1983. The enforcement index this month was 32.66, as compared to 17.55 for September, 1983. The enforcement index for this 9 months is 40.10 in contrast to 19.92 for this same time period in 1983. V. Police Reserves The Reserve Unit worked 241 hours this month assisting the department in policing the community. The majority of this time was spent out in the community on patrol and assisting citizens. See attached monthly report from the Reserves for a comple'.o breakdown of their activities. Through the first 9 months of this year, the Reserves spent a total of 1,878 hours of community service. VI. Special Assignments A. K-9 Recap (see attached report) B. Motorcycle Program (see attached report) C. Alarms and Permit Recap (see attached report) VII. Training A. Advanced Officers School. Officer Harburg received 40 hours of training at the Police Academy, attending the Advanced Officers School. B. LEDS Conference. Support Services Manager Carrick attended a 2-lay workshop in Salem, attending the Law Enforcement Data Systems workshop, receiving all the current updates and changes to this system. Also at this conference, Officer Merrill was invited by LEDS staff to participate in a panel discussion, in order for him to give the officer's viewpoint of what the LEDS system means to him, and what changes would be helpful to the officer on the street. C. Firearms Training. All sworn personnel received quarterly firearms training, each spending approximately 2 hours for a total of 42 man hours. i VIII. cam►unity Relations A. captain Jennings gave 2 tours of the police department, one to a group of 9 day care center students; and the second to a group of 10 Cub Scouts. He spent approximately 1 hour with this detail. yR IB Adams Chief of Police s r k i �p 1 i t I i t t t ft l Itl t i t C CITY OF TIGARD, ORBGON MEMORANDUM TO: Chief of Police October 3, 1984 FROM: Lt. Wheeler SUBJCT: Police Reserves The Reserve Unit of the Tigard Police Department has 15 authorized positions, and currently we have as follows: 1 Lt. Reserve Commander 1 Sgt. Assistant Conmander 7 Reserve Officers We are currently taking applications for Reserve Officers who will be processed and brought on line by December, and start the Clackamas County Reserve Academy on January 1, 1985. Each year we begin recruiting applicants for the Tigard Police Reserve Unit in the early fall. They are processed, and those who qualify are identified, sworn in, and then they begin their training with the Clackamas County Reserve Academy which is conducted annually, beginning at the first of each year. i o rri M� 7i �, C o 0 06 5 � { v — 14, (. All, 0 h FO'°gTj?o L T�NS�RT C. SO 04f T Z, ID/S'°gT cy Go, e �fCgT/ONS � SRT�'RjTi HG Mi h Z71- Spec-z D Q� 411, Ot kFOgys D ok v�, \ \ M O O N ; r- G m O z N 0 C�TgTj pis VGS 1 wq��NGs � q��Ts W ._ -C q T VgCgT/pN C lyeoli COMMENTS K-9 MONTHLY REPORT September, 1984 The K-9 team operated at full strength during the month of September, 1984 with all three K-9s on line, Buck, Joey and Major. There were 27 calls the K-9 team members responded to during the month of September, 1984. Of the 27 calls, there were 9 building searches conducted, 10 track calls, 7 area checks, and 1-bomb search made. During the searches and tracks that were made, there were 13 successes, whereby evidence was found as a result of the tracks, and in 1 case, a suspect was located and arrested by the responding K-9 units. r The total time spent on the above calls was 9.66 hours; total training time by all K-9 team members was 28.5 hours. There was one outside agency requested call by the Lake Oswego Police i Department that resulted in a location and arrest of a suspect. I i t s Lt. Robert J. Wheeler Patrol Division Commander C MOT,ORCyCLE TRAFFIC UNIT REPORT September, 1984 F i During the month of September, 1984 there were 27 traffic accidents; 9 injury, 18 non-injury. This is a 3.6% decrease over September, 1983, which had 28 total accidents, 9 of which were injury and 19 non-injury. This is a 58.3% reduction in injury accidents. This compares with the same number of injury accidents as September, 1983; however, we reduced total accidents by 1 accident, or 3.6%. Of the 27 accidents this month, 15 or 55.5% were investigated by the Traffic Units. Enforcement index this month is 32.66 as coipared to 17.55 for the same period � last year. Traffic Unit issued 95 hazardous, 53 non-hazardous, for a total of 148 tal 368 traffic citations written by the citations, which is 40.2% of the to entire police department. Lt. Robert J. Wheeler Patrol Division Caonanler t ALARMS AND PERMIT RE-CAP Month of SERIUVIBER, 1984 Totals from: 1/1/84 - 9/30/84 THIS SAME MONTH % L451 TOTAL 96 MONTH LAST YEAR CHANGE AR LAST YEAR CHANGE TOTAI. ALARMS- 68 60 + 130 _ 442 + 5% a. False. . . . . . . 66 57 + 15$ 434 + 4% b. Bonafide.. . . 2 3 - 33% _ - 8 +100% Permits Issued. . . . 8 6 + 25% 64 70 - 8% Permits Renewed. . . 55 55 0 141 105 + 34$ Permit Fees.. . . .. . $800 $660 + 17.5% $2,465 $2,485 <- i% Permits Revoked. . . 1 3 - 66% 29 25 + 16% Revoked Fees. . ... . $60 $255 - 76% $1,820 $1,925 - 5 TO'T'AL PERMIT SYSTEMS: 287 MONTHLY SUMMARY STATEMENT: Since the June 84 Six-Month Recap report, there has been an increase in alarm systems installed and permitted of 7%. In conjunction since January 1, 1984 to date, there has been an overall increase of 30% in alarm systems installed and known to the City. This is significant in that there is only a 4% overall to date of false alarms compared to last year at this same date. +k POLICE DEPARTMENT CONSOLIDATED MONTHLY REPORT FOR MONTH OF �SEPITMER 19 84 DISTRIBUTION OF PERSONNEL AVERAGE NUMERICAL STRENGTH DAILY ABSENCE I� AVERAGE EFPECIIVE SIRENGTH End of Same This Same This^Last Same this Month Month Month Month Month Month Month Last Last Last Year _� Year I Ycai TOTAL PERSONNEL 27 29 11.1 12.5 15.9 16.0 16.5 CHIEF'S OFFICE 3 3 1.4 1.4 1.6 1.8 1.6 SERVICES DIVIS. 6 7 2.1 2.9 _ 3.9 3.8 4.1 PATROL DIVISION 13 14 5.3 5.8 7.7-1-7.4 8.2 TRAFFIC DIVIS. 2 2 .9 .9 i.l 1.4 1.1 INVEST. SECTION 3 3 1.3 1.5 ! 1.7 1.6 1.5 J FORCE ONE 13 14 5.6 6.4 7.4 7.6 7.6 FO( TWO 9 8 4.1 3.0 _ 4.9 4.8 5.0 FORCE THREE 5 7 1.4 3-1_! _3.6 3.6 3.9 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 -- 2. Less Agents Assi.g- 4. Separations from the service: ned to Investigat. 0 0 t (a) Vcluntary resignation 0 3. Average daily abs- 0 ences of field off- icers owing to: (c) Resigned with charges pending 0 (a) Vacation, cusp- 1 ensi-an, day, off, 4 (d) Dropped during probation comp, time, etc. 6.0 6.2 (e) Dismissed for cause 0 (b) Sick & Injured .1 .2 (f) Killed in line of duty 0 (c) Schools, etc. .1 .3 0 Total average daily } (g) Deceased absences 6.2 6.7 Total separations 1 r 8.8 9.3 5.( -esent for duty at end of month 27 4. Available for. duty TICAI-U) POLIU DEPART IE-NT Monthly Report I. Calls for Service: This Month 1,096 Year to Date 11,085 A. Obligated Time 1,840.2 B. Non-Obligated Time 396.8 Ii. PART I CRIMES Na. Cleared Arrests A. Flor,.iicide C. Robbery 1 D. Assault 1 E. Biirgla-ry 4 F. Larceny 61 16 16 G. Auto Thef t 2 Ar:,oxi TOTA 1 102 21 1.9 III. PART 11 TOTALS 50 29 24 TOTAL - Part I and 11 152 50 43 IV. TOTAL PERSONS CHARGED: 43 a. Adult Male 21 C. Juv(-nile Mal(: 10 b. Adult. Female 7 d. Juvenile V. WARRANTS SFlw1,,D 10 VI. TOTAL, Pl-',OPER'I'Y LOSS $- 57,252 TOTAL P11OPi:,RTY RECOVERED 17,158 VII. TRAFFIC a. Accidents Investigated 27 Injur., Accidents 9 Fatal 0 b- Citations: VBR (Speedin,-,) 83 Yield Ric-fit of Way- 4 Following too CloseO Red Light 47 Stop Sign 24 lirp-oper Turn 11 Reckless Drivin- I Car( lc 5:--, Driving 6 vin- ljm!cv Llic Inf luet-.c(- 1 Driving VIii-Ile Suspended 14 Other Hazardous 103 No-i-Ilazardous 74 Total Hazardous 294 C. Enforcement Index 32.66 d. Traffic Enforcement Totals Citations: This Ho-nLli This Ycar 368 Year to Date 3,816 This Month Last Year 208 Last Year to Date2156 Warning-_ This Month This Year 359 Year to D.-4tc 3480 This Month Last Y ea r 15 Last Year to Date NOTE: )'art I Crimes (Major Crimea) Clearance Ratc 20.6% Part 11 Crimes (NITInor Crimes) Clearaure Rate TIGARD POLICE DEP1''RTY_E\,T 9 MONTH ReporL < I. Calls for Service: 11,085 _ t A. Obligated Time 17,20'.1 1>. Non-Obligated Time 4.397.3 II. PART I CRIMES No. Cleared Arrests i A. Homicide B. Rape C. Robbery 17101 10 D. Assault 15 v lU --- 8. j E. Burglary - 261 71 - q0 - F. Larceny 448 _164 140 G. Auto Theft — - H. Arson Totals 784 263_—_ —= 204 III. PART II TOTALS 680 432 373 TOTAL - Part I and II 1,464 _ 695 =_ 577 IV. TOTAL PERSONS CHARGED: 577 a. Adult Male 316 c. Juvenile Male 134 b. Adult Female 88 d. Juvenile Female 39 V. WARRANTS SERVED 99 VI. TOTAL PROPERTY LOSS $ 569,303 TOTAL PROPERTY RECOVERED $134,696 VII. TRAFFIC a. Accidents Investigated 261 Injury Accidents- 60 Fatal 0- _ b. Citations: VBR (Speeding) 783 Yield Right of Way—Li— Following ay61Following too Close 28 Red Light 413 Stop Sign .301 Improper Turn 105 Reckless Driving 7 Careless Driving 78 Driving Under the Influence 59 Driving While Suspended 146 Other Hazardous 425 Non-Hazardous 1,410 Total Hazardous 2,406 c. Enforcement Index 40.10 - d. Traffic Enforcement Totals Citations: 3,816 (� Warnings: 3,480 NOTE: - Part I Crimes (Major Crimes) Clearance Rate 33.5% = - Part II Crimes (Minor Crimes) Clearance Rate 63.5% PUBLIC WORKS OPERATIONS / FUEL USED September 1984 DATE: 10/2/84 Gallons Monthly Usinit Dept. Gallons X yr-to-date $ Amount Account Number PWWW 317.0 i49 929.9 10-02120-urii PWST 191.8 .090 592.3 10-02130-611 PWSS 33,7 .01 99.0 10-02 150-611 PWP 92.4 .04 357.3 10-02140-611 ADM 12,6 ,006 56.4 10-03200-611 ENC. 71.0 .03r 255.8 10-02400-611 BLDG 87,5 .04 267.8 10-02220-611 PD 1, 193.8 .56 3,668.9 10-01120-611 r PD 80,7 .03 301.0 10-01130- 611 t Floater Cars 46.9 .02 134.6 10-03200- 611 TOTALS 2, 127.4 6,663.0 GALLONS' IN: 2,025.0 GALLONS OUT: (2, 127.4) ii"t NET: > > 1 + + CC : Frank Currie f� � + Jerry McNurlin Capt . Jennings 1 1 + 3t Sgt . Neaman + Cindy Cranston + + + ) ,J t i 1 'l 4 PUBLIC WORKS OPERATIONS Date. Sept. 1984 Maintenance Report YEAR TO DATE CURRENT MONTH (Sept) 1984 PWO PD TOTAL PYO PD TOTAL — 57.71 6.50 64.21 143. 10 64.78 207.88 Oil _0_ 548.96 548.96 41.08 720.84 761 .92 Tires Maint. Labor Maint. 231.78 7 0 8 Parts 49.8 15.36 65.24 Repair Labor Repair 3.11 1.10 Parts 779.0 251.18 1,030.25 Outside 234.05 106 45 40.5 Re a it 48.00 38.95 86.95 FUEL 1,017.1 1,429.62 2,446.75 3 271.37 4 425.78 7 697.15 TOTAL 1,951.7 2,290.57 4,242.36 • 7 032.48 6 463.61 13 496.09 CC: Frank Currie Jerry McNurlin Lt . Wheeler Capt . Jennings V P h 1.1 V� .p N O f'1 P n N i•1 V �I .O O m N n .O O J P r1 m P h m f•1 G n N J O .o .O ^'• CO N n P V J m O m In N J d M{I N • re Y O O w • r ,o ,o .. s r Y r o rJ Y • M1 N O P O ••1 ^ m m P • V N .O .p O n M m N V • • n n N N N P Pl u Y e ao =J u • Ou . m ^ Y �O P1 f•1 • • ];/n P O J H r O •• N W W r r V ~ i Z ^ W J P P N M w Z p m w, m w N <.Y = O d P 1.1 �•1 N ? 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V i • V Y • / Y r ■ � F • Y N Y / V _• Y • � Y Y Y y • •r w • •H •r • < a M i j ►M • .Yi V H 6 r ■ Y M •■ •r r o Y • Y� ► �► < ,� Y r • Y• Y Y Y •Y •Y .1• •• O 7 • • •► Y Y Y• •• •• •• 7/ �r �1�M MM w< rw 7•'• I•• YV <V W n • n • w Y •• O � N 1 O O O O O O O O O r � l 1 P1 P Y, I r n r•1 N O � OI � � J J O P Y1 J N O 1 O m p m N ^ N M V N Y Y ♦ • N 6 7 � Y Y ♦ O 0.a Y • aL ri L J • V N � P P Y • N K M u Y C O �d J Y ♦ N V1 C u m p ♦ M J • 00s• W P me Y J J m W Y VI m m N U � Z ■ V 00 m t y M N W y H N Z w1 N N N 0 i N = O H � W V r C m ^ �..� N O ^ fir N h n O O �... S L W 0 O; '�; m p n m m n 7 Y ♦ V1 .N+ P N I n O 2 O N i• �' V en N ✓1 � - � � .� O N J N n e•\ N 01 N Y1 N •'^ O ^ m m w1 .O m Ir-. Y Gow 01 go •Om J Y J P n n ■ n n m ^ N N Q O m ® n m n m v\ N M N J W O Y n O P J N n P J N1 O Y ^� O _ P m •O P N n u � � N •O P1 •O n •O O N m h • n N O �e P "' Y O ^ ^ n OND n 00 v1 N r'1 N f•1 n Y d 1•O O 1 n m • Q N 1 m P J P O J •e �'1 O m n O fV ^ N N N N p O � • N W V O• � � r ► � r r r • O O O • _ • o e o e o f a i e e a •� o 0 � r � � � • Y• �i w►.I i J•w • ► • i ~ � d ■ •i •♦ •i •I • • •• • • •Y`Y `V`y v U �V •Y r V 6 rV •.V r V rV •.i ra rYr �ies o 0 0 o e o 0 MONTHLY REPORT cjTYOf TjGA■..- WASHINGTON COUNN•OREGON DATE:-- ATE 10/9/84 For the month of:Se_PLa , LgB4 WASTEWATER' 2. 1.2 f, n hrs Storm Drain Repairs 140.0 hrs T.V. inspection 51.0 hrs Community Service Labor 62.0 hrs Sanitary Sewer Clean 19.0 hrs Storm Drain Clean 72.0 hrs Smoke Test 11.0 hrs Catch Basin Maint. 9.0 hrs Manhole Repairs 4.0 hrs Flooding Maint. 2.0 hrs Ditching GREEN THUMB LABOR STREETS: 2.1.3 25.5 hrs Street Cleaning 27.0 hrs Patching 45.0 hrs Painting S Street Mark. 18.0 hrs Sign Maintenance 59.0 hrs Sign Maintenance 79.5 hrs Brushing b Limbing 10.0 hrs Brushing 6 Limbing 28.0 hrs Grading b Rocking 211.5 hrs Grading b Rocking 3 PARKS: 2. 1.4 8 21.0 hrs Mowing 5.0 hrs Mowing 5.5 hrs Irrigation 23.5 hrs Restroom Maintenance 39.0 hrs Restroom Maint. 1.0 hr Ballfield Maintenance 10.5 hrs Building Maintenance 6.0 hrs Ballfield Maintenance 4.0 hrs Rec. Equip. Maintenance 17.0 hrs Landscaping 12.0 hrs Landscaping 3.0 hrs Trail Maintenance 4.0 hrs Construction 30.0 hrs Construction 40.0 hrs Community Service Labor SUPPORT SERVICES: 2. 1.5 30.0 hrs PM on Equipment 220.25 hrs Scheduled Repair 20.5 hrs Unscheduled Repair .5 hr Tire Service 27.5 hrs Fabrication 11.5 hrs Road Service 11.75 hrs Building Maintenance 10:75 hrs- General-Support 7.0 hrs Community Service Labor OPERATIONS OFFICE: icnic tables and Town S Country Days donated $650.00 for the building of p playground equipment. n October 8th, doing repair work on Fanno The Lions Club spent a work day o Creek bridge and painting it. 12755 S.W. ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171 F CITYOF TI1FARD September 26, 1984 WASHINGTON COUNTY.OREGON Bill Giebel, District Engineer Oregon pppartment of Transportation 2131 SW Scholls Ferry Rd. Post Office Boz 565 Beaverton, OR 97005 Dear Bill: The attached letter from Mr. Rolve, owner of Canterbury Square, will serve to solidify the local position in regards to the type of facility to pursue at the intersection of SW Canterbury Circle and 99W. As you and I have discussed, the need for at least a pedestrian crossing signal is evident and is supported by warrants. A full traffic signal to accomodate the signalized control of vehicles on 99W in both directions, and on SW Canterbury Lane as well as a new entrance into the Canterbury Square Shopping Center is also warranted. It is our belief that improved access and increased vehicle and pedestrian safety can be accomplished by coordinating the installation of traffic signals with a new access into Canterbury Square, and the elimination of the • "frontage" road access at SW Bull Mountain and possibly at SW Gaarde Street as well. The City of Tigard would request that the Oregon Department of Transportation begin to evaluate this project first as a four way signal, and second as a solution to the "frontage" road access problem at Bull Mountain, and possibly Gaarde. A response as to the ODOT process and timing would be helpful in our determinations at the local level. Thank you for working closely with us on this issue in considerable importance to the safety of the citizens of Tigard, and the surrounding area. Sincerely, Frank A. Currie, P.E. Director of Public Works /(FAC:br/01765) 12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 rcouE PO.Box 1270 503/661-5514 SAWCHAIN 2202-6 N.W Birdsdale Gresham,Oregon 97030 COMPANY SEP 2 4 1984 City of Tigard P. O. Box 23397 Tigard, Oregon 97223 Attention: Mr. Frank A. Currie, P.E. Director - Department of Public Works "-Ate.. Re: Canterbury Square traffic signal 20 September 1984 Dear Mr. Currie: Thank you for your patience during the time delay when we were trying to get together. My travel schedule has been absolutely horrendous. The purpose of this letter is to go on record that Canterbury Square Shopping Center is very interested in pursuing the possibility of having a four-way traffic signal installed at Canterbury Lane. Obviously before making a final commitment we would want to know the costs involved and if these costs can be financed through a LID and could the state funds allocated for the Frontage Road-Pull Mountain Road be transferred to this project. Please keep us informed as to how this project is proceeding and let us know if we may be of any assistance. Very truly yours, G. C. Kolve GCK/Is CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: _ _ AGE.NDA ITEM #: ^ATE SUBMITTED: 10/12/84 PREVIOUS AGIION: Acceptance of Cash ISSUE/AGENDA TI:TLF: _Releasin_. _Bond Escrow Agree.._ & Compliance Agree. Funds for Cash & Escrow Agreements _ PREPARED BY: Bob Thompson _. for Century 2.1 Properties/Brittany­ REQUESTED BY: Century 21 6 Engineering_ Square 1.8 DEPARTMENT HEAD OK: _ j_ _._ CI1Y ADMINISTRATOR: INFORMATION SUMMARY Century 21 Properties Inc. ContracLor has completed several il.ems within Brittany Square I .B. We are now able to release funds from their Cash Bond Escrow Agreement (Performance Bond) in Lhe amount uF $79,560.00 Fur these items. Site Preparation 4060 Curb 7640 Street 21220 Sanitary Sewer 24960 Storm Sewer 7280 Water _14400 Total 79550 We will still be holding $45,440.00 ALTERNATIVES CONSIDERED Do not release monies until. all work has been completed and accepted by the City. SUGGESTED ACTION It is recommended that the City Council authorize First Security Realty Services (West) release to Century 2.1 Properties, Inc. the amount of $79,560.00 by authorizing the Mayor and Recorder to execute the attached Release Authorization letter. (RE:pm/0706P) J i Century 21 Homes North Coast Plaza 7160 SW Hazel Fern Rd. PO Box 1408 Tualatin, OR 97062 RE: Brittany Square No. 2 Gentlemen: In the matter of the original One Hundred Twent -Five Thousand Five Hundred Dollars and no/100 (5125,500 letter of commitment between Century 21 Homes, Inc., the City of Tigard, and First Security Realty a Servicesportion ofesthe t) this is to serve as official notice to allow releasing Letter of � FivenHund eddand Sixtamounth Dolla su ereby and no/100 orized to b 79 560 0O is Sevent e released Nine Thousand The amount to remain entrusted to First Security Realty Services (West) to assure the City that all remaining requirements of said subdivision are completed, shall be Fort -five Thousand Four Hundred and Fort Dollars and ' no/100 -024-5,4-24-0-0-0 This notice shall not be construed it isumerely llify otermsr alter the an authorization to release aforementioned Agreement in any a portion of entrusted mon'e CITY OF TIGARD,.OREGON BY: y BY: _ �y city Recorder (RT:pm/0706P) CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: toZZ-?j4- AGENDA ITEM #: 7 - DATE SUBMIIVED: October 16, 1984 _ PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Authorization to execute in behalf of City PREPARED BY: — Crossroads Subd. Compliance Agreement REQUESTED BY: Engineering Services DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY 1. Crossroad Subdivision is located near the intersection of Hall Blvd, and Durham Road, behind the Plaid Pantry Store. 2. The attached (standard form) Subdivision Compliance Agreement and Performance Bond have been executt?d by the developer and by the developers surety and have been submitted to the City in compliance with one of the conditions of preliminary plat approval set by the Planning Commission. 3. The two documents provide assurance that the subdivision wil.1 be constructed in accord with City Subdivision Standards. 4. It is recommended that the Council accept the Performance Bond and authorize the Mayor and City Recorder to execute the Subdivision Compliance Agreement in behalf of the City . ALTERNATIVES CONSIDERED SUGGESTED ACTION Accept the Performance Bond and authorize the Mayor and City Recorder to execute the Subdivision Compliance Agreement, for Crossroads Subdivision, in behalf of the City. (0709P) SUBDIVISION COMPLIANCE AGREEMENT THIS AGREEMENT dated the — day of 6e-To6E7C , 19 B4 between the CITY OF TIGARD, a municipality of Oregon. hereinafter termed the "CITY", and Pacific Frontier hereinafter termed "Petitioner". W I T N E S S E T H : WHEREAS, Petitioner has applied to the City for approval for filing in wnsiin5tan runt„ a -whdivision plat known as Crossroads located in Section Township outh Range I West. Willamette Meridian, Washington County, Oregon; and WHEREAS, the City has approved and adopted the standard specifications for Public Works construction by APWA Oregon Chapter and the Unified Sewerage specifications for the sanitary sewers prepared by professional engineers for subdivision development; and WHEREAS, the public improvements required to be constructed or placed in Petitioner's development are incomplete, but Petitioner has nonetheless requested the City to permit progressive occupancy and use of property in the subdivision, and the parties desire hereby to protect the public interest generally and prospective purchasers of lots in said subdivision by legally enforceable assurances that the public improvements will be installed as required and completed within the time hereinafter set forth. IL NOW, THEREFORE, in consideration of the foregoing premises and the covenants and agreements to be kept and performed by the Petitioner and its sureties, IT IS HEREBY AGREED AS FOLLOWS: (1) Petitioner shall proceed with the development, with the intent and purpose to complete all public improvements except sidewalks and street trees of said subdivision not later than two (2) years from the date of this agreement, and Petitioner is hereby bound to comply with all subdivision standards as set forth in said Subdivision Ordinance and the standard specification adopted by the City of tigard, or as may be otherwise approved by the Public Works Department and to use only such material and to follow such designs as may be required to conform thereto. Petitioner shall provide certification of installation conformance, via a registered civil engineer, to the City prior to City inspection of petitioners improvement work for City tentative and final acceptance consideration. (2) To assure compliance with the City's requirements and the provisions hereof, Petitioner tenders herewith to the City a surety bond in form approved by the City, with liability in the amount of $ 263.733.90 a copy whereof hereto attached by this reference made a part hereof. (3) In the event that Petitioner shall fail, neglect or refuse to proceed with the work in an orderly and progressive manner to assure completion within the time limits, upon ten (10) days notice by the City to Petitioner and Petitioner's sureties, and such default and failure to proceed continuing 46 thereafter, the City may at its option proceed to have the work competed and i - 1 - charge the costs hereof against Petitioner and Petitioner' s sureties and in the event same be not paid, to bring an action on the said bond to recover the amount thereof. In the event such action be brought, Petitioner and Petitioner' s sureties promise and agree to pay, in addition to the amounts accruing and allowable, such sum as the court shall -adjudge reasonable as attorney' s fees and costs incurred by the City, both in the Trial Court and Appellate Court, if any, or the City may, at its option, bring proceedings to enforce against the Petitioner and/or Petitioner' s sureties specific performance of the contract and compliance with the subdivision standards and ordinances of the City of Tigard, and in such event, in like manner, the City shall be entitled to recover such st_im ag thn court shall adjudge roasonable as and for the City' s attorney' s fees and costs, both in the Trial Court and Appellate Court, if any . (4) Petitioner, concurrent the with execution hereof, has deposited with the City an amount estimated to equal rental and maintenance fees with respect to the street lighting facilities within the subdivision, according to Portland General Electric Schedule H91, Option "B", together with a further sum equal to the estimated cost of providing electrical energy to energize the street lighting facilities for a period of two (2) years from the date of initial energizing of said lights. Said amount being $ 1 ,254.53 (5) The City agrees to make and provide periodic and final inspections which in the City' s interest are desirable to assure compliance herewith, in consideration whereof the Petitioner has paid prescribed inspections fees.* (6) The City agrees to install street identification and traffic signs within the said subdivision, in consideration of payment in the amount of $ 295.00 (7) At such time as all public improvements except sidewalks and street trees within the subdivision have been completed in accordance with the City's requirements, Petitioner shall submit a "certificate of installation conformance" to the City to notify the City of the readiness for acceptance consideration inspection and upon notification by the Department of Public Works that the requirements of the" City have been met, the Petitioner will submit to the City a good and sufficient maintenance bond if not already provided with the performance bond, form approved by the City, in the sum of I' $ 52,746.78 to provide for correction of any defective work or maintenance becoming apparent or arising within one (1) year after tentative acceptance of the public improvements by the City. Upon receipt of certification by the Department of Public Works, that all requirements have been met, and a One Year Maintenance Bond, the City Council agrees to tentatively accept the public improvement subject to the requirements for correction of deficiencies and maintenance for a period of one year as hereinabove set forth. (8) That in addition to or supplementary of the requirements of the City's Subdivision Ordinance and the provisions hereof, Petitioner binds itself to conform to the following requirements, scheduling and limitations: *Project Fee $ 7.723,32 �. Sewer Fee s 490.00 2 — (a) None of the lots of Petitioner's subdivision as described may be occupied for residential purposes until an occupancy permit is issued under- authority nderauthority of the City and no occupancy permit shall be issued prior to the acceptance of the subdivision and to the time that the sidewalk paralleling the street for each developed lot proposed to a occupied, is installed as a part of the development; provided that all sidewalks as required by the plans and subdivision code shall be installed throughout said subdivision not later than 3 years from the date of this Subdivision Improvement Contract. (b) All landscaping trees on that portion of each lot between the Public sidewalks and the curb (parking area) is required, shall be planted in place prior to final inspection and issuance of occupancy permit for, each such lot in the suWivisiun. Provicir,d thaL final inspection and applicant. for occupancy permit occurs within any calendar month from October to April of any year, such plantings may be deferred until the next following growing season. In any event, all landscaping and trees in all areas shall be planted and in place within the entire subdivision within three (3) years from the date of this subdivision improvement contract. (c) After tentative City acceptance of the public improvements , the Petitioner agrees to place a one (1) inch asphaltic concrete Class "C" overlay on all roads within the development; placement scheduling to be approve by the City. (d) Compliance with all terms and provisions specified theretofor said subdivision development by the Council and the Planning Commission of the City of Tigard, Oregon, in regard to variances allowed from the subdivision ordinance, conditions specified by the zone use classification and, also, on the approved plat(s) and plan(s) . (e) Petitioner agrees to provide for correction of any defective work and/or maintenance becoming apparent or arising during the guarantee period as hereinabove set forth. (9) At such time as all public improvements have been completed in accordance with the City ' s requirements, Petitioner shall notify the City of. the readiness for final inspection and upon certification by the Department of Public Works that all requirements of the City have been met, the Council agrees to accept said improvements for operation and maintenance responsibility, thereinregard, and release the Petitioner's guarantee bond . (10) The parties hereto hereby adopt the form of performance bond, copy whereof is hereto attached and by reference made a part hereof, and Petitioner agrees to cause to have said bond executed and filed with the City concurrently with the execution of this agreement at or prior to the time this agreement is executed on behalf of the City . (11) The specific requirements of Paragraph 9 hereof shall for all purposes be included as a part of the obligation secured by the aforesaid performance bond and the City shall be entitled to recourse thereto in the event of default on the part of the Petitioner with respect to any requirement thereof. — 3 — IN WITNESS WHEREOF, Petitioner acting by and through its duly authorized undersigned officers pursuant to resolution of its Board of Directors has caused this agreement to be executed, and the City acting pursuant to resolution of its Council adopted at a meeting thereof duly and regularly held on the ,*Ia- day of 0 C toj�e•p 19 has caused this agreement to be executed by its Mayor and Recorder. Pa ific Frontier hood Markets, Inc. By: I _ Grua- �C:i. � -Ac B y: E CITY OF TIGAR OREGON ' Mayor By: uq;ui kA Recorder STATE OF OREGON ) ) ss. County of M111tnnmah ) On this R day of October ,19&4- before me appeared Steven P. Mozinski and Judith R. Cruz both to me personally known, who being duly sworn—, did say that he, the sa-iU Steven P Mn7.in-,I, is the President, and he, the said Judith R. Cruz is the Secretary Of Pacific Frontier Wo d In- the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and Steven P. Mozinski and Judi acknowledged said instrument to be the tree act and deedOt said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. i Nota y I u is or Oregon. My Commission expires 11128/87 - 4 - SUBDIVISION PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS, that we PACIFIC FM;rlhR WOOD MF , INC an Oregon co nAnv as nc pa , an us ness a corporation duly au or ze to con rcjointlyeand severally held in the State of Oregon, as Surety, bound unto the City of Tigard, Oregon a municipality of the State of Oregon, hereinafter called the Obligee, in for tum pay nen o 63 733-90 lawful money of the United States of America, sveral which we, as ses,incipal, anoursors andead as ssignsnfirmlydbye theselpresent. bind THE CONDITIONS OF THIS BOND AND OBLIGATION IS SUCH, that the Principals are platting ar regon, an entering subdivision located in the C o g into a subdivision compliance agreement with the Obligee herein, and upon acceptance of said plat and compliance agreement, the Principals shall make all improvements required by the City of Ordinances Subdivision aaortnts as describedsaid coplianceagreeentll which are, by reference, made a part hereof, NOW, THEREFORE, if the Principal herein shall faithfully and truly observe and comply with the terms of the agreement and shall well and truly perform all matters and things undertaken to be performed under said agreement and shall promptly make pay- in labor or material for any of the pay- ments to all persons supplying lien or work provided by said agreement, and shall not permit any claim teshallfiled bervoidSeotherwiseagainst remainthe in fulleforcethen andis obligation effect. In the event of suit or action be filed by the Obligee hereunder to enforce said contract or to recover under the terms of this bond, in addition to all other rights and remedies here- under the City, in the event it shall prevail, shall be entitled I to recover such sums as the Court may adjudge reasonable as and for attorney's fees. IN 1�►ITNESS WHEREOF, the parties hereto have caused %this 194 . bond to be executed this 12th day of October 1984 bond By: (seal) name o corpora on , By.• (seal) By: s en BY: (seal) By: re ary jn �trial Indeimity any (Corporation acknowledgement of Surety, corporate principal and a true copy of the Power of Attorney ` must be attached to the original of this bond. ) orri`ey_ G. M. unn�ng Am of #620 HOME OFFICE-SAN FRANCISCO T Div all men bv- these presents: That INDUSTRIAL INDEMNITY COMPANY. a corporation organized and existing under the laws of the State of California, and having its principal office in the City of San Francisco.State of California.does hercbv make,constitute and appoint --G. M. DUNNING---------------------------------------- its --------------------------------- - -- its true and lawful attorney-in-fact for it and in its name,place and stead to execute on its behalf as surety,bonds,undertakings stipu- lations. consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees,provided that the liability of the Company as surety under his authority in no one instance shall exceed the sum of ---------- ------------UNLIMITED----------------------------------------- I and rescrving to ir,elf full Dower of substitution and revocation. This Power of Attorney is made and executed in accordance with tilt Rcsol❑uan adopt-d h� the Hoard of Directors of I INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September. 1972,reading as follows: "RESOLVED,that the Chairman of the Board or President or Executive Vice President or Senior Vice President t f the Company, in conjunction with the Secretary or an Assistant Secretary of this Company. be and he hereby is authorized to execute,acknowledge or verify Powers of Attorney qualifying selected attorneys-in-fact to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings,stipulations,consents and all contracts of suretyship,and to attach the corporate i seal thereto; "RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho- graphed or otherwise produced,and that the facsimile signature of any person who shall have been such officer of this Company at the time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be binding on this Company,notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall be issued." In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signedpseal to be and its corporate affixed by its proper officers,at the City of San Francisco,California,this 11th day of November 19 77 Attest: INDUSTRIAL INDEMNITY COMPANY `t•�:i:h/71 7 By M. Gi eSpie Secretary J. . aPlante � Se io Vice President I STATE OF CALIFORNIA ss. CITY AND COUNTY OF SAN FRANCISCO On this lltttlay of November 19 77 before me, Mary Mueller a notary public in and for the City and County of San Francisco,State of California,personally appeared C J. G. LaPlante and Gillespie known to me to be the Senior Vice President and Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution Y true and correct copy of the resolution duly passed at a meeting of the Board of Directors referred to in the preceding instrument is C on September 27, 1972,and that the same is in full force and effect. d first above written. In witness whereof,1 have hereto set my hand and affixed my official seal the day and year in this certificate ■uunnnawnoanllr,.xnwnnu,,,,clnuunu� ;' It.ArY MUELLER rsc*r. !I.:A!C — CAUrORNIA C i : `-_+ Os t;,p FRANCISCO = Notary Publi to nd or the City an County A, Carmisuan Expires Aug. 3. 1979 of San F nc sco.State of California �„ /WU[LUIII111111[I[III IIUIIIINYN�N■ 1 L. E. Mulryan, (Secretary) of INDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said originals,and that said Power of Attorney has not been revoked but is still in full force and effect. In witness whereof. I have hereunto subscribed my name as such officer d affixe the seal of INDUST IAL INDEMNITY fPANY at the City of San Francisco,California,this /.2-& day of ti , 19F SEAL L. E. Mulryan, Secretary I 1V041 Q7(10/721 CFORM N.. 74-...ACKNOWLEDGMENT--COR►ORATION. ZT—KNO- SA LAW Co.,--TL..O. STATE OF OREGON, County of MultnMah 1;- On this 12th day of October19$4 before me appeared STEVENP. -LNSKI and JUDITH R. CRUZ both to me personally known, who being duly sworn, did say that he, the said �� P. MJZLVSKI is the President, and he, the said JUDITH R. CRUZ is the Secretary of . _PACIFIC FRDWIM WOOD ZAAR=,S INC. the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corpora- tion, and that the said instrument was srggned and sealed in behalf of said CoorpQrati authority of its Board of Directors, and STEMN P. MZIlVSKI and JUDI . acknowledge said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Public for Oregon. My Commission expires 11/15/85 t CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 10-22-84 AGENDA ITEM #: DATE SUBMIT-FED: 10-18-84 — PREVIOUS ACTION: Acceptance of _ Subdivision Compliance Agreement and 1st ISSUE/AGENDA TITLE: Second release release of $35 388.28 in Bond monies. _ of Funds from Letter of Commitment PREPARED BY: Randy Clarno (Performance Bond) for completed items within Gallos Vineyard SuLlivision. REQUESTED BY- Herb Morissett Aldr. Inc DEPARTMENT HEAD OK: AA _ CITY ADMINISTRATOR: _ INFORMATION SUMMARY Herb Morissette Builders Inc. is requesting the City release that portion of their Public Improvement Performance Bond (Letter of Commitment) that covers work completed. Below is a list of thos items being requested for release. A previous release of $35,388.28 was made on Oct. 8, 1984, fur the completion of the "Site Preparation and Grading" and the Sanitary Sewer 6 Appurtances. Amt. Requested 20% Retainage Construction Item Bond Amt. For Release (80X) For Maintenance Period 5. Storm Sewer and $26,850.05 $21,480.04 $ 5,370.01 Appurtances 2. Concrete Curb $ 5,171.40 $4,137.12 $ 1,034.28 $25,617.16 ALTERNATIVES CONSIDERED Deny or Accept their request. SUGGESTED ACTION It is recommended that the City Council authorize Oregon Pioneer Savings and Loan Association release to Herb Morissette Builders, Inc. the amount of $25,617.16 by authorizing the Mayor and Recorder to execute the attached Release Authorization letter. 0723P dmj C c October 22, 1984 CITY OF TIVA RD WASHINGTON COUNTY,OREGON Deborah S. Shaffer, Vice President - Finance Herby Morissette Builders, Inc. 7470 Su 75th Ave. Portland, Oregon 97223 RE: Gallos Vineyard Subdivision (Letter of Commitment Partial Release) Dear Ms. Shaffer, In the matter of the one hundred thirty-four thousand, five hundred sixty-three and 00/100 dollars ($134,563.00) Letter of Commitment, between Herb Morissette Builders Inc., and the City of Tigard, Oregon and Oregon Pioneer Savings and Loan Association; this is to serve as official notice to allow said Oregon Pioneer Savings and Loan Association to release to Herb Morissette Builders Inc. a portion of the deposit entrusted to said Oregon Pioneers Savings and Loan Association. The amount hereby authorized to be released is twenty-five thousand six hundred-seventeen and 16/100 dollars ($25,617.16). The amount to remain entrusted to Oregon Pioneer Savings and Loan Association as a cash performance bond to assure the City that all remaing requirements of said Subdivision are completed, shall be seventy-three thousand five hundred fifty-seven and 56/100 dollars ($73,557.56). This notice shall not be construed to nullify or alter the terms of the aforesaid Letter of Commitment in any way; it is merely an authorization to release a portion of the entrusted monies. City of T and Oregon By: Mayor By: 'e'lG/�GCtQ � j City Recorder (RC:dmj/0723P) 12755 S.W.ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171 ,n HF�aRissFrrF NNIVERS, Nel 7470 S.W. 76th • Portland, Oregon 97223 • 246-8803 October 17,1984 City of Tigard 12420 S.W. Main Tigard, Oregon 97223 Attention: Randy Clarno Re: Gallos Vineyard - Partial Release of Funds Dear Mr. Clarno: In accordance with our Letter of Committment and Performance Bond signed by Herb Morissette Builders, Inc. and accepted by the City of Tigard, we hereby request the City of Tigard provide certification acknowledging completion of the following areas of work at Gallos Vineyard Subdivision. Site Drainage $26,850.05 $21 ,480.04 Curbs $5,171 .40 $4,137.12 Work Completed per Rutan Construction Contract $32,021 .45 Funds Available for Release (80%) $25,617.16 Your earliest attention to this matter is appreciated. Please call our office at 246-8803 when the authorization and certification letter is ready and we will come pick it up for delivery to our lender. Thank you. Yours truly, Deborah S. SHaffer Vice President - Finance l� Herb Morissette Builders, Inc.