City Council Packet - 09/16/1985 ` TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an
REGULAR MEETING AGENDA agenda item needs to sign on the appropriate
SEPTEMBER 16, 1985, 7:00'P.M. sign-up sheet(s). If no sheet is available,
FOWLER JUNIOR HIGH ask to be recognized by the Chair at the start
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. Cruisin' Tigard '85 Report
o Tigard Promotions 6 Staff
4. ECONOMIC DEVELOPMENT COMMITTEE WORKSHOP
o Director of Community Development
5. Civic Center Discussion 6 Update
o City Administrator 6 Civic Center Committee
6." PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT CPA 3-85 AND ZONE CHANGE
ZC 3-85 PORTLAND FIXTURE/S S J BUILDERS NPO N 7
Review on the record of the City Council's denial on April 22, 1985, of
a request for approval for a Comprehensive Plan Amendment and Zone
Change from CP (Commercial Professional) to CG (Commercial General) for
a 5.4 acre site. Located: South side of Scholls Ferry Road,
immediately west of Greenway Towne Center, (WCTM 1S1 34BC, lot 400).
o Consideration by Council Continued from 9/9/85 meeting.
7. ANNEXATION PLANNING AREA AGREEMENT - CONTINUE TO 9/23/85
Tabled from 9/4/85 meeting
o City Administrator
.1 8. CITY QUESTIONNAIRES DISCUSSION - CONTINUE TO 9/23/85
o City Administrator
9. CABLE TV RENEGOTIATIONS REPORT
o Councilor Scott
10. CHARTER REVIEW REPORT
o Legal Counsel
11. 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:
11.1 Approve Council Minutes - September 4 S 9, 1985
11.2 Receive and File Community Development Land Use Decisions
11.3 Approve and Authorize Signatures: Self-Service Furniture Street
Dedication
11.4 Approve OLCC License Request: Buckets of Fun, Inc., 11945 SW
Pacific Highway, Suite 240, Tigard, PS Application Request
11.5 Approve and Authorize Signatures. Summerlake II Subdivision
Compliance Agreement S Bond
11.6 Approve 6 Authorize Signatures: Penn Lawn Estates Subdivision
Compliance Agreement 6 Bond
11.7 Approve BBI Investments Sanitary Sewer Easement - 72nd Avenue
Extension
12. NON-AGENDA ITEMS: From Council and Staff
13. EXECUTIVE SESSION: The Tigard City Council will go into Executive
Session under the provisions of ORS 192.660 (1) (d) 6 (h) to discuss
labor relations and current/pending litigation issues.
14. ADJOURNMENT
lw/3193A
COUNCIL. AGENDA -SEPTEMBER 16, 1985 - PAGE 1
T I G A R D C I T Y C O U N C I L
REGULAR MEETING MINUTES — SEPTEMBER 16, 1985 — 7:00 P.M.
1. ROLL CALL: Present: Mayor John Cook; Councilors: Tom Brian, Phil
Edin, Jerry Edwards (arrived at 8:10 PM, left at 9:08 PM),
and Ima Scott; City Staff: Bob Jean, City Administrator;
Bill Monahan, Community Development Director; Tim Ramis,
Legal Counsel; and Loreen Wilson, Deputy City Recorder.
2. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS
a. City Administrator noted that Councilor Edwards was ill and may
not be able to attend the meeting.
b. City Administrator requested item (.1) be Training Request
Consideration For Engineering Division,
3. VISI.TOR'S AGENDA
a. Mr. Tom Sullivan, Coordinator for Chamber of Commerce Leadership
Seminar, encouraged participation in the seminar and distributed
material outlining the topics.
4. CRUISIN' TIGARD '85 REPORT
a. Captain Jennings presented report from staff noting highlights of
the event and stating that there were -a total of 18 noise
complaints received.
b. Councilor Edin expressed concern about the noise, and suggested
steps be taken to reduce the noise to surrounding neighborhoods
next year.
C. President Chuck Martin, representing Tigard Promotions, Inc. , and
member Judy Christensen, discussed various ways to reduce noise
and expressed to Council and staff thanks for their support.
5. ECONOMIC DEVELOPMENT COMMITTEE WORKSHOP
a. Board Members Present: John Savory, Jim Corliss, Amo DeBernardis,
Tony Orlandini, Kathy Budny, Susan Clark, Cwc-lkv r'�
b. Community Development Director introduced the committee and
distributed the Economic Development Action Plan to Council.
Discussion followed regarding the direction of study the Committee
has selected. He stated the following four major areas of
concern: 72nd Avenue; Cascade Avenue; the Triangle Area; and the
Downtown Area. Coordination is occurring with other Economic
Development Committees in the area.
Community Development Director stated that the Committee wished to
target on one specific area of concern and has chosen the Downtown
area. A special meeting will be held 9/24/85 at 6:00 PM to hear
concerns from citizens in that area. He requested direction from
Council regarding the Committee's goals for next year.
Page 1 - COUNCIL MINUTES - SEPTEMBER 16, 1985
c. Committee members advised Council that focusing on the Downtown
area has given the Committee more structure and is creating a more
cohesive atmosphere on the Committee. There was concern that more
work needs to be done to strengthen the ties with other Economic
Development committees in the surrounding area.
d. Council expressed their appreciation for the Committee's efforts
and time to date and encouraged them to appear before the Budget -
Committee with any requests for funding which should be
considered. Council further supported focusing on I or 2 major
goals and indicated Downtown Tigard is especially appropriate.
e, City Administrator stated the last legislative session set new
changes in the Local Improvement District laws which will impact
economic development both in the public and private sector. He
suggested this information would be provided the Committee.
f, Community Development Director stated that the Council will see
members of the Committee appearing to testify at public hearings
in the future. They are encouraging developers to present
development requests to them for comment.
6. CIVIC CENTER DISCUSSION & UPDATE
a. City Administrator distributed revised Project Budget Report and
stated the October report should be more detailed after the soils
dispute is resolved, - He advised Council that the Civic Center
Advisory Committee is meeting regularly again.
b. Carolyn Eadon, Civic Center Advisory Committee representative,
stated that the Committee members are going to be viewing the site
more often.
7. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT CPA 3-85 AND ZONE CHANGE
ZC 3-85 PORTLAND FIXTURE/S & J BUILDERS NPO #7
Review on the record of the City Council's denial on April 2.2, 1985, of
a request for approval for a Comprehensive Plan Amendment and Zone
Change from CP (Commercial Professional) to CG (Commercial General) for
a 5.4- acre site. Located: South side of Scholls Ferry Road,
immediately west of Greenway Towne Center, WCTM ISI 34BC, Lot 400).
a. Public Testimony portion of hearing was concluded at the 9/9/85
meeting and consideration of Council was continued to this date.
b. Legal Counsel stated Council needed to identify those sections of
the code which are relevant to their decision. He suggested that
if sections of the Code and Comprehensive Plan were considered in
the formation of a decision which were not addressed at the
previous hearings, then the participants need to have a chance to
respond in a Public Hearing either before Council or Planning
Commission.
C. Council noted the following areas of the Code which should be
addressed in a public hearing:
Page 2 COUNCIL MINUTES - SEPTEMBER 16, 1985
18.64.010 purposes of the CP zoning not addressed.
18.64.010 & 18.62.010 — definition of both zones not addressed.
Comp. Plan Section II, pages 79-86
4 Policy 12.2.1
18,30,120 — Criteria for Council approval
18.22.010
18 22.040
Beaverton Zone/Comp Plan Maps ='
All LCDC Goals
d. Motion by Councilor Edin, seconded by Councilor Brian to set full
evidential public hearing before Council on 10/14/85 at 7:00 PM to
hear issue.
Approved by unanimous vote of Council present.
e. Jack Orchards, representing applicant, asked who would determine
what items are to be addressed at the new hearing.
f. After lengthy discussion, consensus of Council was that the
Community Development Director would advise applicant of sections
outlined by Council as areas of concern, however, that listing
would not be all inclusive.
g. After further discussion, Councilor Edin moved to reschedule the
hearing date _ from 10/14/85 to 10/28/85 at 7:00 PM to give
applicant further time to prepare presentation.
Approved by unanimous vote of Council present.
COUNCILOR EDWARDS ARRIVED: 8:10 PM
8, ANNEXATION PLANNING AREA AGREEMENT
Tabled from 9/4/85 Meeting
a. Consensus of Council was to continue this item to 9/30/85 meeting.
9. CITY QUESTIONNAIRES DISCUSSION
a. Consensus of Council was to continue this item to 9/23/85 meeting.
10. CABLE TV RENEGOTIATIONS REPORT
a. Councilor Scott distributed a summary of the agreement reached
between_ MACC and Storer Metro Communications, Inc. She requested
input from Council regarding their concerns as she was scheduled
to attend another meeting with MACC on 9/16/85 at 4:00 PM.
b. Legal Counsel state that he would be studying the agreement with
the Legal Counsel from MACC (Mr. Dan Cooper) and would also
respond to any concerns Council might express.
�.
Page 3 COUNCIL MINUTES - SEPTEMBER 16, 1985
11. CHARTER REVIEW REPORT
a. Legal Council and Deputy Recorder presented report of Charter
review which they conducted. Clarification was requested for
interpretation of the Charter's intent. The following items were
discussed:
a Section 7 Mayor and Council
Council directed that a maximum length of service on the
Council in any combination of positions be limited to 12 _
consecutive years. Also once a member of Council holding
office on the effective date of the 1982 Charter Amendments
has left service on the Council in any position, they would
then give up their"exempt" status from the time limitation
for consecutive service. Anyone running for elective
office may only file for one office at a time.
Council approved the proposed Code change to require
irrevocable resignation of any Council member be submitted
at the time offiling for another elected position but
noted that the resignation would carry an effective date of
not later than the first of the next January, or when the
two positions would be running concurrently.
o Section 10 & 22 Other Officers & Recorder
Council requested office of Finance 0fficer and duties of
Recorder and Finance Officer be set out specifically in the
Charter language.
�. o Section 13 Meetings
Council approved taking the `ime limits would of the
Charter language and referencing state law requirements for
greeting notice.
a Section 19 Vote Reguired
Council approved adding language as outlined in report to
better identify what vote is required to indicate approval
by the Council.
o Section 20 & 35 Mayor and Mode of Enactment
Council approved deletion of language which requires Mayor
to sign ordinances 'within 3 days of enactment'
o Section 23 — 27 Election Requirements
Council agreed to repeal Sections 23-27 and create new a
Section 23 which would adopt state election law
requirements for City elections.
o Section 35 Mode of Enactment
Council requested staff proceed with process as outlined in
report and directed notice of ordinance be posted after
enactment before it becomes law.
o Section 41 Debt Limit
Council requested elimination of section since it is in
contradiction with state budget, law requirements.
v.,s
Page 4 — COUNCIL MINUTES - SEPTEMBER 16, 1985
-
b. Council requested" staff prepare necessary ballot measures for
November 5, 1985 election. Council stated that this would not be
placed on the ,November ballot if no other issues were being sent
to the voters.
12. 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:
12.1 Approve Council Minutes - September 4 & 9, 1985
12.2 Receive and File Community Development Land Use Decisions
12.3 Approve and Authorize Signatures: Self-Service Furniture Street
Dedication
12.4 Approve OLCC License Request, Buckets of Fun, Inc., 11945 SW
Pacific_Highway, Suite 240, Tigard, PS Application Request
12.5 Approve and Authorize Signatures: Summerlake II Subdivision
Compliance Agreement & Bond
12.6 Approve and Authorize Signatures: Penn Lawn Estates Subdivision -
Compliance Agreement & Bond
12.7 Approve BBI Investments Sanitary Sewer Easement - 72nd Avenue
Extension
a. Motion by Councilor Edin, seconded by Councilor Scott to approve
Consent Agenda.
Approved by unanimous vote of Council present.
13 NON-AGENDA ITEMS
13.1 Training Request For Engineering Division
Community Development Director requested approval for a training
request for Randy Clarno for Western Federation of Professional
Land Surveyors Conference in the amount of $109.25 which would not
include mileage.
Motion by Councilor Edin, seconded by Councilor Scott to approve.
Approved by unanimous vote of Council present.
13.2 National League of Cities
City Administrator distributed National League of Cities
Convention brochure and stated that Council would need to register
by November 8 if they were interested in attending. The
Convention is scheduled to be held in Seattle, Washington.
13.3 10/12 Council Workshop
Mayor Cook thanked Council for agenda suggestions submitted and
stated that this agenda would be drafted at least by 9/30/85 for
Council review.
COUNCILOR EDWARDS LEFT: 9:08 P.M.
Page 5 - COUNCIL MINUTES - SEPTEMBER 16, 1985
- RECESS. 9:08 P.M.
RECONVENE: 9:35 P.M.
14, EXECUTIVE SESSION: The Tigard City Council went into Executive Session
under the provisions of ORS 192.660 (1)(d) & (h) to discuss labor
relations and current/pending litigation issues.
ADJOURN EXECUTIVE SESSION: 10:12 P.M.
RECONVENE REGULAR SESSION 10:12 P.M.
15. TMEA/OPEU LABOR CONTRACT
a. Motion by Councilor Edin, seconded by Mayor Cook to 'tentatively
approve contract as ratified by the union, subject to Mayor's
review offinal draft and authorize Mayor's signature.
Motion approved by 3-1 majority vote of Council present.
Councilor Brian voting nay.
16. ADJOURNMENT: 10:15 P.M.
eputy City Recorder — City of Tigard
ATTEST:
r - City of Tigard
LW/3221A
Page :6 — COUNCIL MINUTES - SEPTEMBER 16, 1995
TIMES PUBLISHING COMPANY Legal
7-6+95
Notice
P.O.BOX 370 PHONE(503)684-0360
BEAVERTON.OREGON 97075
Legal Notice Advertising RECEIVED
s ❑ Tearsheet Notice CPU 16 1y85
*City of Tigard
,PO Box 23397 • ❑ Duplicate Affidavit CITY OF TIGARD
Tigard, OR 97223 r,
AFFIDAVIT OF PUBLICATION
STATE OF OREGON,
COUNTY OF WASHINGTON, )ss'
� Theresa Butcher
being first duly sworn, depose and say T��a dt aAdvertia�a
Director,or his principal clerk,of theTimes_
a newspaper of general circulation defined in ORS 193�Oh®
10
and 193.020; published at _-m ----—
aforesaid county and pstate;that the
a prin d copy of which is hereto annexed, was published in the
entire issue of said newspaper for
1 successive and
consecutive in the following issues:
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f to befre me this Sept 13, 1985
Subscribetl o
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My Commission Expires: 9/2 0/8 8
AFFIDAVIT Y
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AGENDA ITEM # _ — VISITOR'S AGENDA DATE
C (Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The Council
wishes to hear from you on other issues not on the agenda, but asks that you
first' tryto resolve your concerns through staff. Please contact the City
Administrator prior to the start of the meeting. Thank you.
NAME & ADDRESS TOPIC STAFF CONTACTED
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CITY OF TIGARD,_OREGON
COUNCIL__AGENDA ITEM SUMMARY
AGENDA O AGENDA ITEM It: ----= —
DATE SUBMITTED: August 14 1985 PREVIOUS ACTION: Council approved event
ISSUE/AGENDA TITLE: Report on on June 24, 1985
Cruisin '85 PREPARED BY: C�pt. Jennings, E Newton
REQUESTED BY: City ounci
DEPARTMENT HEAD OK: W11 CITY ADMINISTRATOR:
POLICY ISSUE
INFORMATION SUMMARY
Attached is a memo from Capt. Jennings and Elizabeth Newton summarizing Tigard
Cruisin '85.
-�� ALTERNATIVES CONSIDERED
SUGGESTED ACTION
Receive and file.
(EAN:bs/1734P)
MEMORANDUM
GI TY OF TI.GARD OREGON
TO: City Council August 14, 1985
1/7
FROM: Captain Jennings & Elizabeth Newton
SUBJECT: "Cruisin Tigard '85
CONFORMANCE 1"0 REQUIREMENT: The Tigard Promotions, Inc. group should be
commended for their cooperation in meeting all conditions set forth by Council
approval of this event. Organizers of the Committee were very conscientious
in checking with City staff as to the status of appro%.als and submitted all
necessary information and documents on time. A complete list of street
vendors for the event was submitted to staff and was available for review
prior to the event. Written guarantees for parking were submitted prior to
the event A plan showing locations for barricades was submitted to Capt.
Jennings for his review prior to the event.
PARADE: There were no problems associated with the parade. The parade went
as planned creating no problems that were not anticipated with the closing of
traffic lanes. Normal traffic flow resumed approximately one hour after the
beginning of the parade.
MAIN STREET CLOSURE: No problems were encountered as a result of the closure
of Main Street. No problems were created for emergency vehicles. Traffic was
adequately warned in advance of the closure with detour and no right turn
signs.
EVENING DANCE/BEER GARDEN: The Police Department received 18 noise complaints
because of the volume of the music between 9:50 PM and 12:20 AM. Other than
those complaints, there were no apparent problems created by the dance and
beer garden. There was one family disturbance outside the gate but no crowd
control problems were presented.
In conclusion, we feel that through the cooperation of the Tigard Promotions
Inc, the Tigard Police Department and Volunteers, "Cruisin Tigard '85" was a
very successful. event.
(EAN:bs/1734P)
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ECONOMIC DEVELOPMENT ACTION PLAN
t Tigard's Economic Development Committee has established as its goal the
following, "Promote economic development for the good of the community". The
major'objectives are to identify the advantages and barriers to development in
Tigard and to recommend changes needed to improve development opportunity.
Following from this, the Committee intends to develop an economic development
strategy.
During Fiscal Year 1984-85, the Committee will follow an action plan designed
to provide the base data needed to understand the needs of the community and
to assist companies interested in locating in Tigard. Individual analysis is
needed in each of the four target areas so that information on available land
is compiled in a format which is useable by government, real estate, concerns,
property owners, and potential developers and users.
The following chart illustrates the planned activities of the Committee during
Fiscal year 1984-85. To accomplish the goals of the plan will require the
followings
o Designation of subcommittee leaders who will:
Assist in preparing a special area plan for each of the four
areas.
1) Downtown
2) Tigard Triangle
3) Cascade Blvd.
4) 72nd Ave.
- Work with the Planning and Development Department to develop an
inventory of Bach of these areas before working on a city wide
inventory. The inventory would have the following elements:
a. Identification of property;
b. The size, shape, and limitations of the site;
C. The use of the land;
d. Identification of buildings on the site;
e. The name of the owner;
f. THe current zoning designation;
g. The assessed value;
h. The public services -available to the site; i.e. sewer,
�..' water, roads, parks, schools;
is Any known . interest on the part of the owner to sell or
lease the property;
j. Proximity to other similarly usable land.
Page, 1
o Designate a subcommittee to:
- Develop an analysis of what is right for Tigard in terms of
development.
Determine what is unique about Tigard and what types of
businesses should be attracted to fit into Tigard's overall '
economy.
Evaluation of:
1. Tourism and related industries.
2. Professional office development.
3. Warehousing and distribution.
4. "Incubator" space uses.
o Creation of a subcommittee to work with area realtors to:
- Share information.
Establish an ambassador program.
o Evaluation of impediments to development and steps necessary to
improve development potential and opportunities.
o Development of methods for distribution information of interested
people and business about Tigard.
o Initiation and maintainence of contact with:
Tigard Chamber of Commerce
Oregon Economic Development Department
Tualatin Valley Economic Development Co.
- Cities of Beaverton, Tualatin
j.
- Washington County + `
Washington County Visitors Association
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Area Industrial and Commercial Realtors
o Through contact with these entities the Committee will attempt to:
- Avoid duplication in:
I) Data gathering
4
' 2) Cost comparisons
3) Attraction programs outreach efforts v
�Ky ..
4) hand base--compilations
Page 2
tom_, o Through contact the Committee will:
provide data about Tigard.
o Committee involvement to act as advocates of economic development
before city committees and the City Council.
1. Advocacy.
2.. Education of public on importance of economic development.
0574P
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MEMORANDUM
CITY OF TIGARD, ORE' N
CD
September 9. 198-
TO: Mayor, Council and Civic Cent
Advisory Comm ttee
FROM: Bob Jean, City Ad 'nistrator
SUBJECT: Civic Center Project
This Spring, 1985, Council reset the Projec udget at ,577,000 and the
mat
Program Total at $2,724,000.estimates. we fter revi din u
asneedednue to thelAudit
and holding around our cost es
Report and after obtaining some y undetermine costs, the October` Budget
update should give us a solid ove l picture t ough program completion.
C cil Authori Projected (9/85)
Revenues:
Bond Sale
$2,20 ,000 $2,200,000
2,000 2
Interest 25000 25,0
,
Pinebrook Lot 10 00
Old City Hall 105,000 --0—
Streets SDC 10
WCCLS/GF 000 35,000
Project Sub—Total 2,577,000 $2,624,150
Parks SDC 20,000 20,000 (Unappropriated)
General Fund 52, 53,000 (Budgeted)
6 ,000 65,000 (W/o Supplemental)
WCCLS/GF 0 000 10,000 (W/o Supplemental)
Rotary 148,000
Other Program Revenues 147,000 $
TOTAL PROGRAM REVENUE $2 4,
,720002 =
i
Expenditures:
Related Costs $708,000 $633,0
Building/A&E 1,704,000 1,914 00
_4_
Other Building costs 111,656 76 565
Contingency 53 344
Project Sub—Total
2,577,000 2,624,150
Additional Landscape 20,000 20,000 (Unappropriated)
Additional` A/E 5,000 5,400 Supplemental)
, 118,000 B
Furnishings & Misc. 122000 143
..
Other Program Costs $147,000 $
TOTAL PROGRAM EXPENSES $2,724,000 $2,732,150
r
The City Attorney continues to pursue a settlement on the Soils Dispute.
Additional to the above summary, additional financial options available to the
Council include Bancrofting our LID costs instead of cash out and the use of
General Funds. These options will be evaluated along with the October,Report
at the November, 1985, Budget Committee meeting
(BJ-.pm/0977p),
.t
r_
y"u
CIVIC BEGINNING INTEREST S-T EXPENSES ENDING NOTE:
CENTER BALANCE EARNED END MONTH BALANCE
(9/85)
THRU 6/30/85 2200000 204875 2404875 695915 1708960
JULY '85 1708960 12000 1720960 2000 1718960
AUG 1719460 12000 1731460 120000 1611460 Balances per
Finance $
SEP 1612460 10750 1623210 171585 1451625
OCT 1449625 9665 1459290 407500 1051790
NOV 1052290 7015 1059305 404000 655305
DEC ` 657305 4380 661685 304000 357685
JAPE 186 359685 2400 362085' 204000 158085
FEB 160085 1065 1611.50 238000 <76850> Transfer In
264150 2547585 -0- $80000
RESOURCES TOTAL TRANSFER IN
Bond Sale 2200000
Interest 264150
Pinebrook Lot 25000 25000
Old City Half 100000* 20000
WCCLS 35000 35000
2624150 80000
80000*
2544150
*Contract Payment - $20,000 Down and Balance to GF over Contract Term. . .
(BJ:pm/0977p)
MEMORANDUM
�r
CITY OF TIGARD, OREGON
TO: Mayor, Council and Civic Center
September- 16, 1985
Advisory Committee
FROM: Bob Jean, City Administrator
SUBJECT: Civic Center Project Report ZI
This Spring, 1985, Council reset the Project Budget at $2,577,000 and the
Program Total at $2,724,000. So far ,we are exceeding our revenue estimates
and holding around our cost estimates. After revising as needed to the Audit
Report and -after obtaining some yet undetermined costs, the October Budget
update should give us a solid overall picture through program completion.
Council Authorized Projected (9/85)
Revenues:
Bond Sale $2,200,000 $2,200,000
Interest 202,000 263,588
Pinebrook Lot 25,000 25,000
Old City Hall 105.000 100,000
Streets SDC 10,000 '�
SLS/GF 35.000 35,000
Project Sub-Total $2,577,000 $2,623,588
Parks SDC 20,000 20,000 (Unappropriated)
Fund 52,000 53,000 (Budgeted)
General
General65,000 65,000 (w/o Supplemental)
WCCLS/GFRotary 10,000 10,000 (w/a Supplemental)
$148,000
Other Program Revenues $147,000
TOTAL PROGRAM REVENUES $ 724,000 $2.7
2, 88
Expenditures:
Related Costs $708,000 $618,785
Building/A&E 1,704,000 1,914,500
Other Building costs 111,656 -o-
Contin enc 53,344 90,303
Project Sub-Total $2,577,000 $2,623,588
0,000 (Unappropriated)
Additional Landscape 20,000 25,000
Additional A/E 5,000
Furnishings & Misc.
_122,000 118,000 (w/o LB Supplemental)
Other Program Costs $147,000 $143,000
" TOTAL PROGRAM EXPENSES $2,724,000 $2,766,588
September 16, 1985
-1-
SII
The City Attorney continues to pursue a settlement on the Soils Dispute.
Additional to the above summary, additional financial. options available to the
Council include Bancrofting our I.ID costs instead of cash out and the use of
General Funds. These options will be evaluated along with the October Report
at the November, 1985, Budget Committee meeting.
(BJ:pm/0977p)
:September 16, 1985
—2—
CIVIC A/E CONSTRUCTION S-T BOND FUND TOTAL
CENTER & CHANGE PROJECT RELATED PROJECT
(9/85) ORDERS COST COSTS COSTS
7/84-6/85 116000 -0- 118000 566300 684300
JUL & AUG 9000 110000 119000 -900 119900
SEP 4000 150000 154000 17585 171585
OCT 7500* 400000 407500 407500
NOV 4000* 400000 404000 404000
DEC 4000* 300000 304000 304000
JAN 4000* 200000 204000 204000
FEB 4000* 200000 204000 34000 238000
TOTAL 154500* 1760000** 1914500 618785 2533285
*Includes Extra Soils Engineers/Inspectors on Soils dispute, and
testing/inspections,required in the specs.
**Does not include $89,000 in Soils dispute.
RELATED COSTS 84-85 (1) JUL AUG SEP-FEB TOTAL
gond Costs 6500 6500
Jebt Service BOF `0-
Land Cost 546500 546500
Legal 11300 150 750 3585 15785
Fees & Charges -0- 14000(3) 14000
Varner 2000 2000
Half St. & Easement -0- 34000(2) 34000
566300 (1) 150 750 51585 618785
(1) Unaudited. . . (2) Unless Bancrofted in LID. . . (3) Includes TG. Water Dist.
(BJ:pm/0977p)
September •16, 1985
f
+CIVIC BEGINNING INTEREST S-T EXPENSES ENDING NOTE:
CENTER BALANCE EARNED- END MONTH BALANCE
(9/85)
THRU''6/30/85 2200000 204875 2404875 684300 1720575
JULY 85 1720575 11470 1732045 1500 1730545
AUG 1730545 11537 1742082 118400 1623682 Balances per
Finance $
SEP 1623682 10824 1634506 171585 1462921
OCT 1462921 9753 1472674 407500 1065174
NOV 1065174 7101 1072275 404000 668275
DEC 668275 4455 672730 304000 368730
JAN 186 368730 2458 371188 204000 167188
FEB 167188 1115 168303 238000 <69697> Transfer In
263588 2533285 -0- $70000
RESOURCES TOTAL TRANSFER IN
Bond Sale 2200000
Interest 264150
// �inebrook Lot 25000 25000
(1-0#1d City Nall 100000* 20000
WCCLS 35000 35000
2624150 80000
80000*
2544150
*Contract Payment - $20,000 Down and Balance to GF over Contract Term. . .
(BJ-pm/0977p)
September 16, 1985
-4-
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.. __:
CITYOff' T11FA
WASHINGTON COUNTY,OREGON
September 13, 1985
McCartney-Johnson Contractors, Inc.
P.O. Box 185
Clackamas, OR 97015
RE: Application for Payment
Enclosed is the check for the Application for Payment #2. We appreciate
the changes in the category breakdowns in the bar graph and the application.
We request one further separation. The MechanicalRough and Mechanical
Finish are too large and we request a breakout of plumbing rough and
finish. We also request a copy oftheinsurance policy showing confor-
mance with the contract.
- The enclosed payment does not waive these two requirements and we require
compliance prior to future payments.
Sincerely,
q7
Joy Martin,
Administrative Assistant
cc: Bob Jean, City Administrator
12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171
h
CHANGE OWNER
ARCHITECT
ORDER CONTRACTOR
FIELD ❑
AIA DOCUMENT GI-07 OTHER
PROJECT: Tigard Civic Center CHANGE ORDER NUMBER: 1
(name, address) Tigard, Oregon
TO (Contractor)
-� ARCHITECT'S PROJECT NO: 84-12-4
h Cartney-Johnson/General Contractohs
P.O. Box 185 CONTRACT FOR: Construction
Clackamas, Oregon 97015
CONTRACT DATE: June 13, 1985
You are directed to make the following changes in this Contract:
1. Revise casework per revised drawings Ct5-28-85) #I1, #I2, 03,
and #I7. + $ 1,045.00
2. Revise light fixture type N per PR #2 Item #1. + $ 77.00
3. Revise light fixture type S and provide 2 Lightolier #5538
per PR #2, Item #2. - $ (335.00)
4. Revise lighting layout at Clerk #165 per PR #2 Item #3. + $ 7.00
5. Add light fixture type B and delete light fixture type H at
Library Entry #193 and Quiet Room #195 per PR #2 Item 4. + $ 150.00
6. Add 2" telephone conduit from Phone #106 to telephone terminal
cabinet in Toilet #199 per PR #3 Item 2. + $ 953.00
7. Revise electrical layout per PR #3 Item 3 except 'J' boxes are
to be surface mounted to column. + $ 224.00
8. Relocate telephone conduits to new GTE pedistal location and
increase spare conduit to 4"0 from 2"0. + $ 1,284.00
9. Provide all labor and materials to install Aluminum Wall
Separation per PR #3 Item 1. + $ 3,106.00
10. Change type 'T' light fixtures to type 'D' light fixtures + $ 96.00
except new fixture to be A6A MB with black baffle.
TOTAL + $ 6,607.00
The original Contract Sum was . . . . . . . . . . . . . . . . . . . . $ 1,753,515. 00
Net change by previous Change Orders . . . . . . . . . . . . . . . . . $ 0.
The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . $ 1,753,515. 00
The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order. . . $ 6,607. 00
The new Contract Sum including this Change Order will be . . . . . . . . . . . $ 1,760,122. 00
The Contract Time will be (increased) (decreased) (unchanged) by Zero ( 0 ) Days.
The Date of Substantial Completion as of the date of the Change Order
is therefore December 25, 1985.
Smith/Dull Partnership, Arch_ McCartney-Johnson/G. C. City of Tigard
1'S 1'N.W. 105th Ave. '19V!A669R 185 °l�`1l'r S S.W. Ash St. _
Address Address Address
Tualatin, Oregon 97062 Clackamas, Oregon 15 Tigarcj, Oregon 97223
L � 1
8 BY � ��- �� BY J
C 9/•� ��
DAl G f C- C' -� __ DATE
AIA DOiLUMUvr 0701 CIIANGi ()KINK APRIL NN C1]L11ON . AIAW • u 1v70 • 111L 011I1. VAGC
ANURIC.AN W011U11.Of AKCIIIILCIS,.1735-NEW YORK AVE., NW,WASHINGTON, D.C. 20006
O'DONNELL, RAWS, ELLIOTT & CREW
MARK P. O DONNELL ATTORNEYS AT LAW CAMAY OFFICE
'$MOTHr V. RA.MIS BALLOW & WRIGHT BUILDING CANNY,
A N. ,DRE Su,:, 01
.ENNETH M ELLIOTT CANDY.OREGON .1
STEPHEN F. CREW 1727 N,W. HorT STH ET 15037 266 114_
CHARLES E. CORRIGAN PORTLAND.OREGON 97209 R
(5 03) 222.4402 ADMINISTRATIVE ASSISTANT
" MARGARET C. HAND
ADRIANNE J. BROCKMAN -_—_ SHARON L. WILLIAMS
OF COUNSEL PLEASE REPLY TO PORTLAND OFFICE
KATHERINE.A. FLYNN
ALSO ADMITTED TO PRACTICE - COMPTROLLER
IN STATE Of WASHINGTON
PRISGILLA E. WAY
September 11, 1985
Mr. Alan L. Schneider ^oYY a
Attorney at Law
510 'Park/Washington_Building
519 S. W. Park Avenue
Portland, OR 97205
Re: _ Tigard Civic Center/Sewer Connect Charges
Dear Mr. Schneider:
It is the position of the City of Tigard that the City is not
responsible for the $7, 400 connection charge McCartney-Johnson
General Contractors paid with respect to the Civic Center project.
This decision is based on the following facts:
1. The reference in Section 01010-1 .01 (F) (1) (a) (2) , to the
effect that the City will pay for building fees "including
City's portion of sewer" , is not all inclusive. The word
"including" can be interpreted as a word of enlargement as well
as limitation. How it is interpreted depends upon the context.
Premier Products Co. v. Cameron, 240 Or 123, 125, 400 P2d 227
(1965) . As noted below, in this particular context, the word
"including" is not a word of enlargement because it simply makes
no sense to interpret it that way.
2. The section which makes reference to the "City' s
portion of sewer" clearly implies that the City is not intending
to pay for or waive all fees, but only that portion of the sewer
connection charge which is paid to the City. To read the section
otherwise is to ignore the word "portion" . If the City intended
to pay all sewer connection charges, inclusion of the word
"portion" would serve no purpose. It is the fundamental
principle of construction that words are to be given their
ordinary meaning and are not to be ignored. See, for example,
Automotive Equipment Co. v. 3 Bees Logging Co. , 251 Or 105, 444 _
P2d 1019 (1968)
4�
Mr. Alan L. Schneider
' September 11, 1985
Page two
3. Other sections of the contract documents indicate that
the' City 'did not intend to pay the entire sewer connection charge.
For example, Section 02100-1. 02 (A) (1) provides that "permits
l be provided at no charge to the
issued by' the City' of Tigard wil
Contractor" (emphasis added) . This section serves no purpose if
Section 01010-1.01 (F) (1) (a) (2) is interpreted to mean that the
City ,will pay for all building fees. It is a fundamental rule
of construction that all parts of the contract should be given
effect:
Furthermore, Section 15050-1.02 (A) (3) provides that fees for
plumbing and HVAC work permits will be waived Note that the
section does not state that fees will be paid, only that the
permit fees will be waived. it is clear that the City can only
waive its own fees; the City cannot waive the-fees-of the Unified
Sewerage Agency or any other municipal corporation. Therefore,
this section reinforces the general section, 01010-1.01 (F) (1) (a) (2) ,
which states that the City will only pay or waive the fees owed
to the City.
4. According to Joy Martin, City Administration Department,
City of Tigard, it was the City' s intention that the general
contractor would be responsible for any permits, charges or fees _
not being waived by the applicable government agency. Furthermore,
a May, 1985 Summary Sheet stated the amounts of various fees.
This paper stated the total amount due to the USA as $9,250, the
amount of $1, 850 to be waived by the City, and $7, 400 to be paid
by the general contractor. This Summary Sheet was sent to the
architect and was available to the general contractor in May. A
copy of this was given to the contractor at the preconstruction
conference on 'rune 18, when the contract documents were signed.
Therefore, based on the wording of the contract documents, the
City' s expressed intention regarding the charges, and the avail-
ability of the Summary Sheet prior to the signing of the documents,
it is the City's position that the City is not responsible for
reimbursing McCartney-Johnson for the $7, 400 connection charge.
If you would like to discuss this matter with me, please feel
free to call.
Sincerely
Timothy V. Ramis_ `
Tigard City Attorney
TVRzmch
x
Please bring material from your 9/9/85 packet.
lw/3192A
CITY OF TIGARD OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA ITEM #:
AGENDA OF: Se tember 9 1985 City
DATE SUBMITTED: Council
Se tember 5 1985 PREVIOUS ACTION: Denial
Com rehensive on Aril 22 1985
ISSUE/AGENDA TITLE: �_-ensiv- William A. Monahan
PREPARED BY:
Plan Amendment CPA 3-85 and Zone
5 Portland Fixture/
REQUESTED BY:
Cha e' ZC 3-8
g 6, 7 Builders CITY ADMINISTRATOR
DEPARTMENT HEAD OK:
POLICY ISSUE
C--G be granted for
Should a Comprehe
nsive Plan amendment and zone change to
Road a the vicinity of 121st.
5.4 acres of land now zoned C-P on Scholls Ferry.
INFORMATION SUMMARY
om an /S & 7 Builders have petitioned LUBA for review of the
Portland Fixture C p y 1985 which denied a comprehensive
plan based uponthe
Council decision of April 22,
e. The Council should review the app p
and zone change iven on the record at this new hearing.
prior record and be tirade m ny based upon the criteria established in the
decision should
comprehensive plan.
---- ALTERNATIVES CONSIDERED
1, Review
the application on the record and reach a decision which supports
the April 22 decision.
2, Review the application
on the record and reach a decision which is a
modification of the April 22 denial. rove the
3.-
Review the application on the record and reach a decision to app
application.
SUGGESTED ACTION
on the record
Conduct a hearing
based on the record, make a decision based ,
apply he approval criteria and make findings.
(180AP),,
MEMORANDUM
z CITY OF TIGARD, OREGON
TO: Members of the City Council September 5, 1985
FROM: William A. Monahan, Director, (
Community Development
SUBJECT: Comprehensive Plan Amendment CPA 3-85, and
Zone Change ZC 3-85
Portland Fixture/S & J Builders
The Council has accepted the recommendation which I and Attorney Tim Ramis
have made to hold a review on the record of the above named application. The
matter has been remanded from LUBA following a petition for review of the City
Council's April 22, 1985 denial of the request.
Attached for the Council's review is the record of the prior proceedings on
this issue;
1. Application filed by Louis Zimel, February 15, 1985.
2. Supporting documents with request for agency review and agency
responses.
3. Notice of hearing of Planning Commission meeting of April 2, 1985.
4. Planning Commission staff reports.
5. Planning Commission minutes of April 2, 1985
6. Notice of hearing of City Council of April 22, 1985
7. Minutes of City Council Meeting of April 22, 1985.
8. Notice of decision - Final Order Resolution.
9. Pages #82-84 of Chapter 12, Comprehensive Plan 85-28.
Of prime concern to the Council is the adequacy of the findings contained in
the Final Order. The Council must, following the hearing, make a decision and
draft findings which apply the criteria outlined in the Comprehensive Plan for
a comprehensive plan amendment and zone change. Those criteria, as analyzed
in the staff report considered by the Planning Commission are taken from
/ Chapter 12, page II-83 of the Plan:
B. Locational Criteria
(1) Spacing and Location
(a) The commercial area is not surrounded by residential
districts on more than two sides.
(2) Access
(a) The proposed area or expansion of an existing area shall not
create traffic congestion or a traffic safety problem'. Such
a determination shall be based on the streetcapacity,
existing_ and projected traffic volumes, the speed limit.`
number of turning movements, and the traffic generating
characteristics of the various types of uses.
(b) The site shall have direct access from a major collector or
arterial street
(c) Public transportation shall be available to the site or
general area.
(3) Site Characteristics
(a) The site shall be of a size which can accommodate present and
projected uses'.
(b) The site shall have high visibility.
(4) .Impact Assessment
(a) The scale of the project shall be compatible with the
surrounding uses.
(b) The site configuration and characteristics shall be such that
the privacy of adjacent non-commercial uses can be maintained.
(c) It shall be possible to incorporate the unique site features
into the site design and development plan.
(d) The associated lights, noise, and activities shall not
interfere with adjoining non-residential uses.
Staff will be available at the hearing to discuss the criteria, the
applicant's application, and the analysis used in comparing the application to
the criteria.
(WAM:br/1804P)
f
WASIMNGTON COUNTY.OREGON
4
COMPREHENSIVE PLAN NDMENT/ZONE CHANGE/ZONE ORDINANCE AMENDMENT APPLICATION
CITY OF TIGARD, 12755 SW Ash, PO Box.23397 FOR STAFF USE ONLY
Tigard, Oregon 97223 (503) 639-4171
CASE N0.
RECEIPT NO.
APPLICATION ACCEPTED BY:
Y DATE:
1. GENERAL INFORMATION Application elements submitted:
Scholl Ferr Rd at Sorrento (A) Application form (1)
PROPERTY ADDRESS/LOCATION Y
(B) Owner's signature/written..
1S1 34 BC 400 authorization
TAX MAP AND TAX LOT N0. (C) Applicant's statement
(15 copies)
SITE SIZE 5.4 Ac
(D) -Filing _fee. -(.5
PROPERTY- OWNER/DEED-HOLDER* S & .J J l-de rs
� ------) . .-.
ADDRESS 5335 SW Murray PHONE Additional information for Compre-
CITY Beaverton ZIP 2Z0 5 sive Plan Map Amendments/Zone Changes
(E) Maps indicating property
APPLICANT* Portland Sixture C-0
location (15 copies)
ADDRESS 338 NW Fifth
PHONE _ �
(F) List of property owners
CITY Portland ZIP 472(14
within 250 feet (1)
*When the owner and the applicant are different
Assessorts
people, the applicant must be the purchaser of record (G) Title transfer instrument (1)
or a leasee in possession with written authorization (H)
from the owner or an agent ofmUee owner
with written
authorization. The owner(,) g
application in the space provided on page two or DATE DETERMINED TO BE COMPLETE:
submit a written authorization with this application.
2. PROPOSAL SUMMARY FINAL DECISION DEADLINE:
The owners of record of the subject property COMP. PLAN/ZONE DESIGNATT^
request a Comprehensive Plan Amendment (if
applicable) from Corte'1 P to r_�-M't�
and a Zone Change from N.P.O. Number:
GC
ORroval Date:
The applicant requests an amendment to the Planning Commission App
r' - following sections of the Comprehensive Plan
or Community Development Code — City Council Approval Date:
(KSL:pm/0737P)
A
3, List any variance, conditional uses, or other land use actions to be considered
as part of this application:
4. Applicants: To have a complete application you will need to submit attachments
described in the attached information sheet at the time you submit this
application.
5. THE APPLICANTS) SHALL CERTIFY THAT:
A. The above request does not violate any deed restrictions that may be
attached to or imposed upon the subject property
B. If the application is granted, the applicant will exercise the rights
granted in accordance with the terms and subject to all the conditions and
limitations of the approval.
C. All of the above statements and the statements in the plot plan,
attachments, and exhibits transmitted herewith, are true; and the
applicants so acknowledge that any permit issued, based on this
application, may be revoked if it is found that any such statements are
false.
D. The applicant has read the entire contents of the application, _including
the policies and criteria, and understands the requirements for approving
or denying the application.
�
t19' d�
_.... DATED this r day of k ._,.
SIGNATURES of each owner (eg. husband and wife) of the subject property.
Also please notify: Greenhill Associates
1730 S.W. Skyline Blvd
Portland, OR 97220
(KSL:pm/0737P)
3 !s
27
REQUESTS FOR COMMENTS
TO, DATE: March 5 1985
FROM: Tigard Planning Department `
RE: Request by S b J Bu'lders for a Comprehensive Plan Amendment CPA 3-85 and
CZC-.2-V5-'/
zone change from C P (Commercial Professional) to C-G (Commercial General)
on property located on the south side of Scholls Ferry Road, immediate east of
the Sorrento Road intersection (WCTM 1S1 34BC, lot 400)
Attached is the Site Plan and applicant's statement for your review. From
information- supplied by various departments and agencies and from other
information available to our staff, - a - report and recommendation will be
prepared and a decision will be rendered on the proposal in the near future.
If you wish to comment on this application, we need your comments by
March
15, 19 RS You may use the space provided below or attach a
separate letter to return your comments. If you are unable to respond b the
above date, please phone the staff contact noted below with your comments and
confirm your comments in writing as soon as possible. If you have. any
questions regarding this matter, contact the Tigard Planning Department, P.O.
Box 23397, Burnham and Ash Ave., Tigard, OR 97223. Phone: 639-4171.
STAFF CONTACT: Keith Lien
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and- have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
Written comments:
4 Name of Person Commenting:
Phone No.
(KSL:pm/0356P)
t
NOTIFICATION LIST FOR ALL APPLICATIONS
1. NPO No. CPO No.
2. CITY
,DEPARTMENTS'
L/ Building Inspector ' __L/ Engineering-Randy
Engineering-Frank/John Parks and Recreation
3. SPECIAL DISTRICTS
Tualatin R.F.P.D. Metzger W.D.
Washington Co. F.D. No. I School Dist. No. 48 (Beaverton)
Tigard W.D. School Dist. No. 23J (Tigard)
4. AFFECTED JURISDICTIONS
City Council Wash.Co. Land Use 6 Trans.Dept.
anning Commission _ Boundary Commission
T;Planning
"Department METRO
5. STATE AGENCIES
Aeronautics Div. (ODOT) DOGAMI
Engineer Division of State Lands
Board of Health Commerce Dept. - M.H. Park
Highway Div. - Terry Flink Fish b Wildlife
Parks & Recrea. Div. (ODOT) LCDC
Subdivision Supervisor PUC
Dept. of Energy Fire' Marshall
Dept. of Environ. Quality Other
6. FEDERAL AGENCIES
Carps of Engineers Other
Post Office
7. SPECIAL AGENCIES
General Telephone Portland General Electric
Pacific Northwest Bell Other
... Northwest Natural Gas
8. REQUESTS FOR COMMENT SENT S
(KSL:pm/0356P)
4
AFFIDAVIT OF MAILING
STATE OF OREGON )
County, of Washington )` ss.
City of Tigard )
I, Harold M.' Dickhous , being first duly sworn, on oath depose and say:
That I am an for
The City of Tigard, Oregon.
That I served notice of hearing of the
Tigard Planning Commission
of which the attached is a copy (Marked Exhibit A) upon each of the following
named persons on the - 2�.�td—day of �� 19 by mailing ai each ce
them at the address shown on the attaehed list Marked Exhibit B), said notice
as hereto attached, desposited in the United States Mail on the 22nd day of
March 19$.x, postage prepaid.
M i1i Lh0tt4
$M1L%XM= `OFFICE AIDE
Person who deliv
ed to POST OFFICE
Subscribed and sworn to before me on the X0:1 day of 19&
NOTARY PUBLIC OF OREGON
My Commission Expires: �7
N O T C E O F- P U.B L I C H E A R I N G
Notice is hereby given that the Tigard Planning Commission, at its meeting on
Tuesday, April 2, 1985 at 7:30 P.M. , in the lecture
room of Fowler ,Junior High School, 10865 S.W. Walnut Street, Tigard, Oregon,
Will consider the following application:
FILE NUMBER: CPA 3-85 and ZC 3-85
APPLICANT: Portland Fixture Co. OWNER: S & J Builders
338 NW Fifth 5335 SW Murrary
Portland, Oregon 97209 Beaverton, Oregon 97005
REQUEST: For a Comprehensive Plan Amendment and Zone Change from
C-P (Commercial Professional) to C-G (Commercial General)
LOCATION: South side of Scholls Ferry Road, immediately east of the
Sorrento Raod intersection (Wash. Co. Tax Map 1S1 34BC,
Tax Lot 400).
(See map on reverse side)
The public hearing on this matter will be conducted in accordance with the
rules of Chapter 18.32 of the Community Development Code and rules of
procedure of the planning Commission. Any persons having interest in this
matter may attend and be heard, or testimony may be submitted in writing to be
entered into the record of the initial hearing.
For further information please contact the Planning Department at 639-4171.
TIGARD CITY HALL, 12755 S.W. Ash Avenue (Corner of Ash Avenue & Burnham
Street), or contact your Neighborhood Planning Organization (NPO) 7
' Chairperson Richard BoberrPhone Number 639-2342
(pm/0257P)
u _Q
llti,,
DZ
Cl
II
.W I
LL1�
pC,1s, !D 1.1 hJth.�
J u .. L;'11.11 1.a ✓ Vl\(:VVa� .i a..f a�.
5335 Sia' Murray DEPARTMENT OF TRANSPORTATION
Bea.r_rton, Oregon 97005 Salem, Oregon 97310
.rtland Fixture Co. STROEMPLE
338 NW Fifth PO Box 1810
Portland, Oregon 97209 Lake Oswego, OR 97034
Richard Boberg
10660 SW North Dakota
Tigard, Oregon 97223
DAVIS
5775 'SW Elm
Beaverton," OR 97005
AL-NOSAYAN, SULAIMAN 6 EBTISAM
RAJHI
PO Box 1724
`Portland, Oregon 97207
CHATZIPETROLT
f571 'Fairlynn Blvd.
(- rba Linda CA 92686
HEIM
12610 SW Tarpan Dr.
Beaverton, OR 97005
American Guaranty Life Ins.
1430 SW Broadway
Portland, Oregon 97201
HRABIK/% CUNNINGHAM
13385 SW 115th
Tigard, Oregon 97223
OLSON
12520 SW Scholls Ferry Rd.
Tigard, Oregon 97223
Dept. of Transportation
5� $ O6rgj6jjon97310
V
t
AGENDA ITEM 5.4
STAFF REPORT
April 2, 1985 - 7:30 P.M.
TIGARD PLANNING COMMISSION
FOWLER JUNIOR HIGH SCHOOL - LGI
10865 S.W. WALNUT
TIGARD, OREGON 97223
- A. FACTS
1. General Information
CASE: Comprehensive Plan Amendment CPA 3-85 and Zone Change ZC 3-85
REQUEST: Amend the Comprehensive Plan and Zoning Map designations
from C-P (Commercial Professional) to C-G (Commercial
General for a 7.9 acre site.
APPLICANT: Portland Fixture Co. OWNER: S b J Builders
338 NW 5th 5335 SW Murray Blvd.
Portland, OR 97209 Beaverton, OR 97005
LOCATION: South side of Scholls Ferry Road, immediately 'westof
Greenway Town Center (Wash. Co. Tax Map 1S1 34BC, Tax Lot
400).
2. Background
The subject property was annexed to the City along with several other
parcels in 1976 (ZC 12-76). The Comprehensive Plan adopted in 1983
designated the northern section of property for Commercial Professional
and the larger southern portion for Medium High Density residential
use. Site Development Review approval for a 304 unit apgetment complex
on the -southern segment of the property was granted in 1984 (SDR 22-84).
3. Vicinity Information
The eastern boundary of the site adjoins Greenway Town Center which is
presently zoned .0-G. The area to the south is zoned R-25 (Residential,
25 units/acre) and construction of the apartment project has recently
been initiated. In conjunction with the apartment complex, 125th Avenue
will be extended along the western boundary of this site as well as the
apartment project. This street will ultimately intersect with North
Dakota Street at 121st Avenue. The parcel west of this street extension
on Scholls Ferry Road is also zoned C-P. Other parcels to the south are
zoned R-7 (PD) (Residential, 7 units/acre, planned development).
"
Scholl* Ferry Road and the City of Beaverton lie to the north.
4. Site Information
1 The site is presenti1v undeveloped. A four-way intersection will be
constructed at the Scholls ' Perry/Sorrento Road intersection which will
; : STAFF REPORT - CPA 3-85 b ZC 3-85 - PACE 1
include a traffic signal. The proposed 'Plan Amendment and Zone Change
will allow for an expanded list of commercial retail activity.
S. Agency and NPO Comments
The Building Inspection Office has no objection to the proposal.
The State Highway Division has no objection to the request, but, it is
noted that ,curb and sidewalk matching the facility to the east will be
required
The Engineering Division has the following comments:
a. Site Development Review approval is required prior to development.
b. Access to and from the site must be approved by the City and State
Highway Division.
C. Additional right-of-way should be dedicated along the Scholls
Ferry Road frontage to provide a right--of-way width from
centerline of ,45 feet.
NPO #7 is opposed to the proposal and a representative will be present
at the hearing to comment.
B. FINDINGS AND CONCLUSIONS
The relevant criteria inthis
i policies are 2.1t1 towide 5.1.1,Plasnlin�' goals 31' and
and 12, Comprehensive
Chapter 12, Locational Criteria.
the
The Planning staff concludes
Planningthat
Goalsthe
andproposal
Guidel.ine@consistent
uponwith
the
applicable Statewide
following findings:
1. Goal #1 is met because the City has adopted a Citizens Involvement
v ment
program including review of all development applications
the
Neighborhood Planning Organization (NPO). In addition. all public
notice requirements were met.
2. Goal #2 is met because the City applied all applicable Statewide
Planning Goals, City Comprehensive Plan Policies and Development
Code requirements to the application.
3. Goal #12 is satisfied because the proposal in conjunction with the
new traffic signal will not have a detrimental impact upon Scholls
Ferry Road.
The Planning staff has determined that the proposal is consistent with
the relevant portions of the Comprehensive Plan based upon the findings
noted below:
, ;. 1. Plan Policy 2.7,•1 is satisfied because the Neighborhood Planning
Organization and surrounding property owners were given notice of
the hearing and an opportunity to comment on the applicant's
proposal.
STAFF REPORT - CPA 3-85 b ZC 3-85 PAGE 2
2. Plan Policy 5.1.1 is met because the proposal will have ' a small
positive effect upon the number of jobs available to Tigard
residents. it is estimated that the subsequent commercial
development will provide between 150 and 200 jobs.
3. Plan Policy 5.1.4 is satisfied because the proposed change from
_ C-P to C-G will not enlarge the area presently designated for
commercial use and will not encroach upon nearby residential areas.
4. Plan Policy 8.1.3 will be satisfied as a condition for development
of the site. Before any commercial development occurs, City
approval through the Site Development Review process will be
required.
5. The applicable locational criteria are satisfied for the following
reasons:
a. A residential zoning district is only adjacent along the ,
southern boundary of the site.,
b. The site will not create traffic_ congestion or related
problems which cannot be remedied by the proposed traffic
signal at the Scholls Ferry/Sorrento/North Dakota
intersection.
C. Direct access to an arterial and collector street is
available.
d. Public transportation is available on Scholls Ferry Road.
e. Because of its location and the Site Development Review
approval which is required prior to development, a
compatible relationship with nearby properties can be
maintained.
Concern has been expressed regarding the potential this proposal would
have for encouraging "strip" commercial development along Scholls Ferry
Road. Although the Comprehensive Plan does not contain any policies
-which deal specifically with this issue, it is the staff's position that
this proposal does not pose such a threat for the following reasons:
1. The site is presently designated for commercial use.
2. The change will broaden the list of commercial uses permitted and
it will not displace residential uses.
3. Other undeveloped properties along Scholls Ferry Road in Tigard
(and Beaverton for the most part) are designed for residential
use Conversion of these lands would require closer scrutiny on
the part of the City. Also. the City is obligated by the
Metropolitan Housing Rule to provide for an equal mix of single
family and multi-family residences with an overall density of
( units per acre., Any proposal' to convert residential land would
need to show compliance with this rule.
STAFF REPORT CPA 3-85 6 2C 3-85 - PAGE 3
A secondconcern relates to the intent? of this C-P designation to
provide to medical anti other professional services for the general
area. This -proposal would not preclude the establishment of these
activities since they are, permitted in the C-G zone as well. Also,
similar services are established east on Scholls Ferry Road in Beaverton
and appropriate zoning for this activity existsin the
Progress/Washington Square area.
C. RECOMMENDATION
Based upon the findings and conclusions noted above, the Planning ,staff
recommends approval of CPA 3-85 and ZC 3-85. subject to the following
condition:
1. Additional right-of-way shall be dedicated to the Public along the
SW Scholls Ferry Road frontage to increase the right-of-way to 45
feet from centerline. The description for said dedication shall
be tied to the existing right-of-bray centerline as established by
Washington County. The dedication document shall be on City forms
and approved by the Engineering Section.
PREP BY: Keith Lidera APPROVED BY: William A. Monahan
Associate Planner Director of Planning S
Development
(KL:pm/1130P)
Y
STAFF. REPORT - CPA 3-85 'b ZC 3-85 - PAGE 4
RECESS 9:00 P.M.
RECONVENE 9:15 P.M.
5.4 COMPREHENSIVE PLAN AMENDMENT CPA 3-85 ZONE CHANGE ZC 3-85 S & J
BUILDERS NPO N 7
Request for a Comprehensive Plan Amendment and Zone Change from C-P
(Commercial Professional) to C-G (Commercial General) for a .7.9 acre
site. Located south side of Scholls Ferry Road, immediately west of
Greenway Town Center (WCTi 1S1 348C lot 400).
Associate Planner Liden reviewed the staff report and made staff's
recommendation for approval with one condition. Discussion followed
regarding the traffic signal at North Dakota/Sorrento and Scholls
Ferry Road
APPLICANT'S PRESENTATION
o Hal Hewitt, representing the applicant, reviewed the history of the
Greenway Towne Center. He explained how they would like to expand
the center *as Phase II with a mixed use of retail and .office uses and
how it was needed to meet the needs of the neighborhood. He
requested that their traffic engineer, Tom Lancaster, address the
traffic concerns.
o Tom Lancaster, explained he had done an independent traffic study and
reviewed the impacts the proposed change would have on the area. He
felt with the addition of the traffic signal at Scholls Ferry and
Sorrento Road would mitigate any increase traffic caused by this
development.
PUBLIC TESTIMONY
o Richard Boberg, NPO # 7 Chairperson, explained that the NPO had
reviewed this project. Originally the vote was 4-3 against the
change, however, after more review the vote had changed to 6-1
against the change. They felt this would create strip development
along Scholls Ferry Road. The NPO would like to see the property
remain zoned CP as they had decided upon during the Comprehensive
Plan process.
o Bob Johnson, S & J Builders, partners in the developers of Meadow
Creek Apartments, explained that they had selected their site because
of the immediate access to retail space. High quality apartments and
high density put a high demand on retail sites and he supported
making additional retail property available.
o John Morris, Morning Hill Association, supported the NPO
recommendation. According to the Comprehensive Plan, more commercial
property was not needed. He felt the change would cause a strip
zone.
PLANNING COMMISSION MINUTES April 2, 1985 Page 4
REBUTTAL
o Hal Hewitt, distributed photos of the area, a diagram of the what the
ke, and an aerial photographs
proposed _ expansion would look` li
depicting the Commercial properties along Scholls Ferry, from Hwy.
217 to SW North Dakota.
PUBLIC HEARING CLOSED
o Discussion followed regarding surrounding zoning, traffic flow, and
locational"criterial (CG 8 1 A).
o Commissioners Leverett, Campbell, Bergmann, and Peterson favored the
proposal. Commissioners Fyre, Vanderwood, and Moen had mixed
- feelings. Commissioner Butler opposed, he felt it violated the
locational criteria. Commission Owens reviewed the history of the
NPO and their concerns at the time of the original NPO 7 plan.
* Commissioner Bergmann moved to approve and commissioner Leverett
seconded to forward a recommendation for, approval to City Council.
Also. they directed staff to take into consideration previous use
requirements when the Greenway Towne Center was originally
constructed. Motion passed by majority 'vote, Commissioners Butler,
Fyre, and Owens voting no.
5.5 COMPREHENSIVE PLAN AMENDMENT - CPA 1-85 and ZONE CHANGE 1-85 ALLISON
Request to amend the Plan designation from the General Business
District to Medium High Density Residential and subsequently changing
the zone designation from CBD (Central Business District) to R-25
(Residential, 25 units/acre) for a 2 acre parcel.
Associate Planner Liden reviewed the proposal and made staff's
recommendation for approval.
APPLICANT'S PRESENTATION
o Kenneth Allison, 6445 NE Union Ave. , Portland, explained that, he had
nice quality apartments and did not want the quality to be destroyed
by. having a commercial structure built up to the property line. He
felt his property had originally been zoned residential and he would
like to have it rezoned to residential to protect the livability of
the apartments.
PUBLIC TESTIMONY
o Carolyn Eadon, NPO aY i Representative. They did not have a
recommendation as they had not reviewed the project.
F ,
PLANNING COMMISSION MINUTES April 2, 1985 Page 5
t
w
AFFIDAVIT OF MAILING
-STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
being first duly sworn, on oath depose
and say: (Please;--Print
That 1 am a for
The City of Tigard, Oregon.
That I served notice of a public hearing
for City Council.
of which the attached is a copy (Marked Exhibit A) upon each of the following
of ,�/��/ / 1985 , by mailing to
named peday on the y
each of them at the address shown on the attached list (Marked Exhibit B) ,
said notice as heretoattached, deposited in the United StatesMail on
the l/ti✓ day of �} �i /� ,
198 postage prepaid.
Signature
el
Person who deli red to POST OFFICE
Subscribed and sworn to before me on the 0.57h day of Z'
W
NOTARY PUBLIC OF OREGON
My Commission Expires:
(0257P)_
,f
N 0 T I C E O F P U B L I C H E A R N G
NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT ITS MEETING ON MONDAY,
April 22, 1985 AT 7:30 , IN THE LECTURE ROOM OF
FOWLER JUNIOR HIGH SCHOOL. 10865 SW WALNUT, TIGARD, OR., WILL CONSIDER THE
FOLLOWING APPLICATION:
FILE NO".: CPA 3-85 and ZC 3-85
APPLICANT: Portland Fixture Co. OWNER: S & J Builders
338 NW Fifth Ave. 5335 SW Murray
- Portland, Oregon 97209 Beaverton, Oregon 97005
REQUEST: Review Planning Commission's recommendation for approval for a
Comprehensive Plan Amendment and Zone Change from C-P (Commercial
Professional) to C-G (Commercial General) for a 7.9 acre site.
LOCATION: South side of Scholls Ferry Road, immediately west of Greenway
Towne Center (WCTM 1S1 34BC lot 400). NPO # 7.
(See map on reverse side)
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE
RULES OF PROCEDURES OF THE CITY COUNCIL.
TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD.
FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY RECORDER OR PLANNING DIRECTOR
i..• ' AT: 639-4171 CITY OF TIGARD 12755 S.W. Ash Ave. Tigard, Oregon 97223
(corner of Ash-& Burnham)
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5335 SW Murray DEPARTt'GNT OF 'FRP%NSPORTI+TION
Beaverton, Oregon 97005
Salem, Oregon 97310
` .ortland Fixture Co. STROEMPLE
338 NW Fifth PO Box 1810
Portland, Oregon 97209
Lake Oswego, OR 97034
Richard Boberg
10660 SW North Dakota
Tigard,, Oregon: 9.7223
DAV I S
5775 SW Elm
Beaverton, OR 97005
AL-NOSAYAN, SULAIMAN 6 EBTISAM
RAJHI
PO Box 1724
Portland, Oregon 97207
CHATZIPETROU
571 Fairlynn Blvd.
iorba Linda CA 92686
HEIM
12610 SW Tarpan Dr.
Beaverton, OR 97005
American Guaranty Life Ins.
1430 SW Broadway
Portland, Oregon 97201
HRABIK/Z CUNNINGHAM
13385 SW 115th
Tigard, Oregon 97223
OLSON
12520 SW Scholls Ferry Rd.
igard, Oregon 97223
Dept. of Transportation
§&fte,OArQE6&on97310
^ /f T I G A R D C I T Y C O U N C I L
` REGULAR MEETING MINUTES APRIL 22, 1985 7:30 P.M.
1. ROLL_CALL: Present: Mayor John Cook; Councilors: Tom Brian, Phil
Edin (arrived at 8:30 P.M.), Jerry Edwards, and Ima Scott;
City Staff: Bob Adams, Chief of Police; Bob Jean, City
Administrator; Bill Monahan, Community Development
Director; Tim Ramis, Legal Counsel; and Patt Martin, Deputy
City Recorder.
2. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS
a. City Administrator stated Item N6 and Item H9 will be pulled and
tabled to May 6. 1985.
g
3 VISITOR'S AGENDA
a. No one appeared to speak.
4. ASSUMPTION ORDINANCE NO. 85-12 (Second Reading)
a. Councilor Brian moved, Councilor Edwards -seconded, to adopt
Ordinance No. 85-12.
Approved by 3-1 majority vote of Council present. Councilor Scott
voting Nay.
n ; 5. PUBLIC SIDEWALKS MAINTENANCE & REPAIR ADOPTING REVISIONS
ORDINANCE NO. 85-16 (Second Reading)
a. Councilor Brian moved,- Mayor Cook seconded, to adopt Ordinance No.
85-16.
o Councilor Brian questioned if the City has or has not maintained
the sidewalks up to now. Community Development Director stated
the City had not. Legal Counsel stated the ordinance was to
clarify the Code if Council feels this is existing policy.
Motion failed on second reading by 2-2 vote, Councilor Edwards and
Scott voting Nay.
o Mayor Cook requested this item be brought back for further
consideration.
6. DISCHARGE OF FIREARMS ORDINANCE NO. 85-17 AMENDMENT
'a. Chief of Police gave a summary of the ordinance. He stated a
residenthad come to him regarding having a business of gun
smithing and to allow to have a place to test the guns. The
Ordinance would allow the business under certain conditions which
would be "inspected by the City Building Official and Chief of
Police before a business tax would be granted.
o Community Development Director stated there would be no change in
the zoning ;code and the Planning staff would go by the criteria of
the Code before approving the application.
Page' 1 - COUNCIL MINUTES - APRIL 22, 1985
b. Councilor Brian moved, Councilor Edwards seconded, to adopt
Ordinance No. 85-17.
Approved by 3-1. majority vote of Council present, Councilor Scott
voting Nay. A second reading is required.
7 COMPREHENSIVE PLAN AMENDMENT CPA 4-85 ZONE CHANGE ZC 4-85 KRUEGER
NPO #7
PUBLIC HEARING OPENED
a. Councilor Brian moved, Councilor Edwards seconded, to continue the
Public Hearing to May 6, 1985. ,
Approved by unanimous vote of Council present.
8. COMPREHENSIVE PLAN AMENDMENT CPA 3-85 ZONE CHANGE ZC 3-85 S 6 J
BUILDERS
NPO #7
PUBLIC HEARING OPENED
a. Community Development Director gave a summary stating the Planning
Commission recommended 6-3 approval of CPA 3-85 and ZC 3-85 from
C-P (Commercial Professional) to C-G (Commercial General). NPO #7
opposed this recommendation 6-1.
PUBLIC TESTIMONY
a. John Schweitz, NPO #7, stated there was not enough time for the
NPO to review this issue. He felt it should go back to the
Planning Commission.
o Councilor Scott asked who's expense the traffic signal would be.
Community Development Director thought it would be the
responsibility of S 6 J Builders. Joe Schweitz stated the State
had planned in the future to put a traffic signal in but did not
know off hand if it is their responsibility. City Administrator
stated there was a match requirement between S 6 J Builders and
the City's System Development Charge.
o Councilor Scott asked if the area would warrant a bike path and
asked the NPO to look into this.
o Councilor Brian had a concern on giving up the only parcel that is
zoned C-P.
b. Hal Hewitt, representing S 6 J Builders (owner of Greenway Town
Center) _felt there were three issues: 1) Strip commercial along
Scholls Ferry Road, 2) Availability of Office Space. and
3) Traffic situation. The Greenway Town Center has rented out
most of the good location that face the street. The vacant
locations will go into office spaces. This site is a highly
appropriate location and does meet the criteria according to the
_y s
' State and Local code.
a Page 2 COUNCIL MINUTES. - APRIL 22, 1985
o Tom Lancaster,
Consulting TraFfic Engineer for S b J _builders, -
Ferry
stated he looked at the intersection of Sorrento aodcurhalAssurvey
road where the traffic problem would most likely
al the inersection wo
showed if there was no development ldtbelbusinesses int a area it
operate at a level C. If there w
would still be level OC. T is�ouldn be mit gaLed at level C intersection
hnge the
operate at a leve
traffic signal.
PUBLIC HEARING CLOSED
STAFF RECOMMENDATION
a, Community Development Director and Planning Commission recommended . .
approval of CPA 3-85 and ZC 3-85 from C-P to C-G Zoning.
COUNCIL CONSIDERATION plan and
a
_ Councilor Brian felt this issue should be loo tied felt t did not
that office space"was not in demand now.
justify a zone change at this time.
Councilor Scott seconded, not to approve
b, Councilor Brian moved,
Staff is to bring back an Ordinance of the
Ordinance No. 85-18.
findings.
Approved by unanimous vote of Council present.
_ COMPREHENSIVE PLAN AMENDMENT CPA 1-85 AND ZONE CHANGE ZC 1-85 ALLISON
9.
NPO N1
PUBLIC HERRING OPENED
meat Director gave a summary of the Proposal.
a, Community Develop aff and the Planning Commission
The application is supported by st
for a Comprehensive Plan Amendment from Central e eusiChanges from District
to Medium High Density Residential and 25 units/acre). NPO OD
(Central Business) to R-25 (Residential,
had the opportunity but did not comment.
PUBLIC TESTIMONY
PROPONENTS
OR
ing ,
a. Kenneth Allison, applicant, 6445 NE Union Avenue, Portia was C3M
stated when the property was first purchased the zonzoning
with a 10 foot lot line setline
setback. Theck. The y has bedroomsnged Of the 10-plex
to CBD with a zero lot line s move
face the commercial property and the tenants would probably
out when this property is developed because of noise. Also the
property value would go down.
Y
Page 3 - COUNCIL MINUTES - APRIL 22, 1985
OPPONENTS
( a. Chris Freshly, Landscape Artist for JB Bishop. explained the
proposed buffering and landscaping along the property line.
_COUNCILOR ERIN ARRIVED AT 8:30 P.M.
Mr. Freshly stated 10 feet back from the property line a 6-foot
fence would be constructed, evergreen trees (6-12 ft. high) would
be planted, and broad leaf greenery would also be_planted. He
showed the layout of the property and levels. Also he had
pictures showing the existing property line landscaping.
o JB Bishop, Suite 303, 10505 SW Barbur Blvd, Portland, OR, pointed
out that there was concern regarding loading and noise but because
of the terrain, existing foliage, plus added trees, fence, and
greenery thereshouldbe no problem. Mr. Bishop showed a picture
taken from a second story window of the apartment facing the
commercial property which illustrated the existing tree coverage.
STAFF RECOMMENDATION
a. Community Development Director and Planning Commission recommended
approval based on present criteria.
PUBLIC HEARING CLOSED
a. Councilor Brian stated the builder knew of the 10 foot setback at
the time of construction so could anticipate 20 feet with the
other property setback of 10 feet. Now with the zone being CBD
there is a zero foot setback.
o Councilor Edwards asked if taxes would stay the same on any zone.
Legal Counsel stated that the Tax Assessor would take into account
the zoning use or a 5% fair market value.
o Councilor Edin stated even though he arrived late, he had heard
all the testimony and read the packet materials. He felt he could
make a fair judgment on this issue.
C. Councilor Edin moved, Councilor Brian seconded, to adopt Ordinance
No. 85-19.
Approved by unanimous vote of Council present.
10. LID POLICY DISCUSSION
a. This item was tabled to May 6, 1985.
11. 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.
Page:4 COUNCIL MINUTES APRIL 22, 1985`
Councilor Scott moved, Councilor Edwards seconded, to approve the
following consent agenda items.
11.1 Approve Minutes of April 15, 1985
11.2 - Receive and File Department Reports
11.3 Receive and File Community Development Land Use Decisions
o Site Development Review SDR 3-85 (Donald & Julia Pollock)
11.4 - Approve and Authorize Signature for Hall Blvd. LID agreement for
professional services
11.5 - Approve Resolution No. 85 24 Final Accept. of Public
Improvements/Summerlake Subdivision
11.6 Approve and Authorize Signature for Bond-ANION Park (Phase I)
Subdivision Compliance Agreement
Approved by unanimous vote of Council present.
12. NON-AGENDA ITEMS: From Council and Staff
a. There were no non-agenda items.
RECESSED AT 9:10 P.M.
13. EXECUTIVE SESSION: The Tigard City Council will go into Executive
Session under the provisions of ORS 192.660 (1) (d)(e)(f)(h) to discuss
labor relations, real property transactions, records exempt from public
and pending litigation issues.
14. ADJOURNMENT AT 12:15 P.M.
Deputy City Recorder - City of Tigard
ATTEST:
r - City of Tigard
M/2684A)
Page 5 COUNCIL MINUTES - APRIL 22, 1985 '
CITY OF TIGARD. OREGON
RESOLUTION NO. 85-20
A FINAL ORDER IN THE MATTER OF THE APPLICATION FOR A COMPRLHENSIVL PLAN
AMENDMENT AND A ZONE CHANGE REQUESTED BY PORTLAND FIXTURE CO., FILE NO. CPA
3-85 AND ZC 3-85, DENYING THE APPLICATION REQUESTS. ENTERING FINDINGS AND
CONCLUSIONS
WHEREAS, the Tigard City Council heard'' the above application at its regular
meeting of April 22, 1985. The applicants appeared and were represented by
Hal Hewitt and Tom Lancaster; appearing in opposition was Joe Schweitz of
NPO V.
WHEREAS, The Council finds the following FACTS in this matter:
1. The applicants for this matter, Portland Fixture Co. , requested
a reclassification from C--P (Commercial - Professional) to C-G
(Commercial General) for a 7.9 acre. site designated as
Washington County Tax Map 1S1 348C, Tax Lot 400. The
explanation supporting the request is found in File No. CPA 3-85.
2. The Council had before it the record of the proceedings before
the Tigard Planning Commission which voted to approve ,the
request, with three dissenting votes, on April 2, 1985.
3. The relevant approval criteria in this case are Statewide
Planning Goals 1, 2, and 12, Comprehensive Plan policies 2.1.1,
5.1.1, 5.1.4, 8.1.3 and Chapter 12, locational criteria.
WHEREAS, based on the record in this case from the Planning Commission hearing
of April 2, 1985, and the City Council hearing of April 22,1985, the Council
' makes the following FINDINGS in this matter;
1. Statewide Planning Goal ##1 is met because the City has adopted a
Citizens Involvement program including review of all development
applications by the Neighborhood Planning Organization (NPO).
In addition, all public notice requirements were met.
2. Statewide Planning Goal ##2 is met because the City applied all
{ applicable Statewide Planning Goals, City Comprehensive Plan
Policies and Development Code requirements to the application.
F 3. Statewide Planning Goal #¢12 is not satisfied because the
_ proposal will have a negative impact upon Scholls Ferry Road by
increasing traffic.
At the City Council meeting on April 22, the Council heard
conflicting testimony concerning the amount of traffic which the
property would generate developed under the present C-P and the
y
t
RESOLUTION NO. 85- jZA
Rage 1
G designations. The Council determined that the present traffic
proposed C- designations.
situation G ess Ferry Road would be ,more adversely 'affected with the
addition of traffic from the property if built under the C-G zoning
designation than under C--P.
4. City of Tigard Comprehensive Plan satisfied
Policy 2.1.1 is .
because the Neighborhood Planning Organization and surrounding
property owners were given notice of the
h osahearing and an
opportunity to comment on the applicant's p P
5. City of Tigard Comprehensive Plan Policy 5.1.1 is met because
the proposal will have a small _positive effect upon the number
ts. I
timated that the
of jobs available to Tigard residenprovide ill p between 150 and
subsequent commercial development w
200 jobs Development under the C-G designation, however, could
result in less higher paid skilled positions than under C-P.
ied
6. City of Tigard Comprehensive Plan from C P tolicy 5 C-G ill not senlarge fthe
,
because the proposed change
area presently designated for commercial use and will not
encroach upon nearby residential areas.
7. City of Tigard Comprehensiv to mentP�ofCy the sited besatisfied
any
as a condition for deve P royal through the Site
commercial development occurs, City app
Development Review process will be required.
8. The applicable locational criteria are partially satisfied for
the following reasons:
a. A residential zoning district is only adjacent along the
southern boundary of the site.
b. The change of zoning would create additional traffic
congestion or related problems which cannotaa remedied
the by
s
the proposed traffic signal
Ferry/Sorrento/North Dakota intersection. Although traffic
volume would also be increased if the property is developed
under C-P, the number of types generated by the property
when developed out to full capacity under C--G is greater,
thus adding to the traffic volume of.Scholls Ferry Road.
C. Direct access to an arterial and collector street is
available.
d. Public transportation is available on Scholls Ferry Road.
e. Because of its location and the lort�'toeVelopment development Review
appoval which is required p
can be
compatible relationship with nearby properties
r
maintained
RESOLUTION NO. 85-
Page,2
9. The applicant's failed to persuade the City Council that the
_ plan designation is improper. The plan was adopted in 1983
following substantial community input. No plan policies cited
by the applicants convinced the Council that conditions in the
area have substantially changed to compel a change to C-G. In
addition, no convincing evidence of mistake or inconsistency was
presented.
10.''The applicants failed to address the long term community needs
of the City, for Commercial Professional land uses The Council
interprets the Comprehensive Plan to be a long range plan
created to provide for the many diverse and competing land uses
and business which serve the public need A reductionin the
amount of land dedicated to commercial professional development
in this section of Tigard would have a negative impact over the
projected period of the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1 The Council adopts the following CONCLUSION OF LAW:
1. Based on Finding No. 3, the Council has determined that the
proposed change in zoning will result in development with the
potential to greatly increase traffic over that which the
existing zoning would generate. The increased traffic will have
a► detrimental impact upon Scholls Ferry Road even with the
completion of a new traffic signal.
`_. 2. Based on Finding No. 8, locational criteria have not all been
met. The change of zoning would create additional traffic
congestion and related problems.
3. Based on Finding No. 9, the Council finds that the applicant has
not provided persuasive arguments to change the comprehensive
plan and zoning designations and then reduce the amount of
available C—P zoned land in this section of the City.
Section 2. The Council, therefore, ORDERS that the above referenced request
be, and the same hereby is, DENIED. The Council FURTHER ORDERS
that the Planning Director and the City Recorder send a copy of
the Final Order as a Notice of Final decision to the parties in
this case.
PASSED: This day of 1985.
i
aiyor City of Tigard
ATTEST:
60eputy�City �Recorder4City of Tigard
{WAM:br/1290P)
-RESOLUTION NO. 85—
Page :;3
(2) Access
(a) The proposed center or expansion of an existing center shall
not create traffic congestion or a traffic safety problem.
Such a determination shall ,be based on the street capacity,
existing and projected traffic volumes,- the speed limit,
number of turning movements and the traffic generating
characteristics of the most intensive use allowed in the zone.
(b) The site shall have direct access from one of the following:
(i) An arterial.
(ii) A collector street which will not direct traffic through
local neighborhood streets.
(3) Site Characteristics. The site shall be of a size which can
accommodate the present and future uses, but shall not exceed two
acres'
(4) Impact Assessment
(a) The scale of the project shall be compatible with the
surrounding uses.
(b) The site configuration and characteristics and relationship
to the street system shall besuchthat privacy of adjacent
non-commercial uses can be maintained.
(c) I:t shall be possible to incorporate the unique features into
_ the site design and development plan.
(d) The associated lights, noise and activities shall not
interfere with adjoining non-residential uses.
2. General Commercial
General Commercial areas are intended to provide for major retail goods and
services. The uses classified as general commercial may involve drive-in
services, large space users, a combination of retail, service, wholesale and
repair services or provide services to the traveling public. The uses range
from automobile repair and services, supply and equipment stores, vehicle
sales, drive-in restaurants to laundry establishments. It is intended that
these uses be adjacent to an arterial or major collector street.
A. Scale
(1) Trade Area. Varies
(2) Site Size. Depends on development.
(3) Gross Leasable Area. Varies.
Il 82
B. Locational Criteria
(1) Spacing and Locil.iun
(a) The commercial area is riot surrounded by residential
districts on more than two sides.
(2) Access
(a) The proposed area or expansion of an existing area shall not
create traffic congestion or a traffic safety problem. Such
a determination shall be based on the street capacity,
existing and projected traffic volumes, the ` speed limit,
number of turning movements, and the traffic generating
characteristics of the various types of uses
(b) The site shall have direct access from a major collector or
arterial street.
(c) Public transportation shall be available to the site or
general area.
(3) Site Characteristics
(a) The site shall be of a size which can accommodate present and
projected uses.
(b) Thesiteshall have high visibility. ;
(4) Impact Assessment
(a) The scale of the project shall be compatible with the
surrounding uses.
(b) The site configuration and characteristics shall be such that
the privacy of adjacent non—commercial uses can be maintained.
(c) It shall be possible to incorporate the unique site features
into the site design and development plan.
(d) The associated lights, noise and activities shall not
interfere with adjoining non—residential uses.
3. Commercial Professional
Commercial Professional areas are intended for a diverse range of office uses
and supportive uses; and to promote user convenience throughout the City.
A. Scale
(1) Trade area. Varies
(2) Site size. Varies
(3) Gross .leasable_area. Varies
II 83
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 area shall not
create traffic congestion or a traffic safety problem. Such
a determination shall be based on the street capacity,
existingand projected traffic- volumes, the speed limit,
number of turning movements and the traffic generating
characteristics of the various types of uses.
(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.
IMPLEMENTATION STRATEGIES
1. The Community Development Ordinance shall:
a. Include a neighborhood commercial district, a general commercial
district, a highway commercial district, and a commercial pro-
fessional district area.
b. Require that:
(1) The areas be subject to site design review.
(2) A minimum of 15% landscaping be provided.
(3) Necessary street improvements be made prior to development.
C. Prohibit single family residential uses` in the neighborhood
commercial and general commercial centers.
11 - 84
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TOM R.LANCASTER,P.E.
Transporut Engineering
GREENWAY .TOWN CENTER PHASE II
TRAFFIC IMPACT STUDY
Scholls Ferry Road at Sorrento Road
Tigard, Oregon
The proposed development is located in the
southeast quadrant of the intersection of Scholls Ferry
Road, Sorrento Road (the north leg) , and Dakota Street
(the south leg) It will consist of 58,000 square feet
of commercial retail space.
The intersection is presently controlled by STOP
signs on the north and south legs . An eight-phase
actuated traffic signal is scheduled to be installed by
the Oregon State Highway Division in 1986.
To assess ,the traffic impact of a zone_change for
the subjectpropertyfrom the existing C-P to C-G, three
` . scenarios were studied : ( 1) existing traffic, (2)
traffic with development under existing zoning, and (3)
traffic with development under the proposed zoning.
It was found that with existing traffic, including
traffic from housing developments in the area currently
under construction, the intersection will operate at
level of service C with the new traffic signal. If the
property were developed under the existing zoning to
include offices, a convenience store, a restaurant, and
a bank, traffic entering the intersection would increase
by 9 percent, and the level of service would be reduced
to D . If the zoning is changed and retail space is
developed, the increase in existing traffic would be 11
percent, and the level of service would also be reduced
to D.
Because there is presently a northbound right-turn
lane at the intersection, the traffic signal could be
modified to provide a special signal phase for the
northbound right turn. This would increase the level of
service with either scenario 2 or scenario 3 to level C,
which is the present level of service at the
intersection. The cost of the signal revision would be
less than $1,000.
f
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council September 12, 1985
i, ,'1: Loreen Milson, Recorde
SUBJECT: Cable TV Update
Cooncilor Scott is Council's representative an the MACC Contract Renegotiation
Committee. She will be giving the update report,
lw/3192A
i
METROPDO_ITAN AREA COMMJNICATIONS COMMISSION
SUMMARY OF THE AGREEMENT ON THE RENEGOTIATIONS BETWEEN
MACC AND STORER METRO COMMUNICATIONS, INC.
SEPTEMBER 9. 1985
I. PUBLIC COMMUNICATIONS NETWORK:
A. Storer Metro will continue to manage, operate and maintain the
PCN for a development period of four years. At the end of the
development period, Storer Metro is relieved of its obligation
on the PCN.
B. User fees will be collected starting July 1, 1986. Storer
Metro will be responsible for setting rates which are
competitive to current charges for similar services. Storer
Metro will collect 100% of the user fees and be responsible
for any financial difference between the amount of fees
collected and the actual costs to operate the RCN during the
development period. Storer Metro will not request MACC to
invest any of itsownfranchise fee funds into the PCN during
the development period.
C. MACC is concerned that rates are set so that they encourage
use. We concur with the rate philosophy that Storer Metro
provided at the August 28 negotiating session. At that time
Storer said rates would be 20% to 25% below rates for similar
services or other telecommunication providers. To insure the
rates are competitive the following will be incorporated into
the Agreement:
1. The parties will reach a mutually agreed upon process for
MACC to have input and involvement in Storer Metro' s rates
for PCN use.
2. Storer Metro will provide to MACC a list of the initial
rates for PCN use and a methodology for adjusting the
rates during the development period. MACC, as part of the
renegotiations, will accept the rates and the methodology
for adjusting them.
D. Storer Metro, together with MACC, will assess the status of
the PCN after two years. If the prognosis for the PCN' s
ability to reach a self-supporting status within the four year
development period appears to be poor, Storer Metro and MACC
' may agree to. terminate PCN operation prior to the end of the
development period.
.,X
MACC/STORER METRO SUMMARY OF RENEGOTIATIONS
SEPTEMBER 9, 1985
E. Storer Metro agrees that operating performance standards will
be established and enforced during Storer Metro' s operations
of the PCN.
The following performance standards will be incorporatedinto
the Agreement :
1. PCN will meet technical specifications as indicated in
Section 5. 12 Technical Standards of the Franchise
Agreement. -
2. PCN will provide +1'S dbmv (!2 dbmv video reference) on
Pilot Carrier 301. 25 at the line of demarcation for all
PCN users.
3. Storer Metro will install, proof and activate cable at
users' sites within sixty (60) days of a request for PCN
use.
4. Storer Metro reaffirms it will provide services on the PCN
as indicated in Section 5.5 Capacity_and_Caeability_for
InAtitutional_Services. Storer Metro will be responsible
to provide all equipment necessary to provide such
_services on the PCN, except for necessary equipment on the
user' s side of, the line of demarcation.
5. Storer Metro shall maintain a repair force of technicians
capable of responding promptly to all requests for service
by PCN users.
S. Storer Metro shall provide, at a minimum, service and
repair according to the following response times. During
normal working hours (Monday to Friday, 8:00 a.m. to 5:30
p.m. ) , the response shall not exceed two (2) hours except
for extraordinary circumstances related to PCN operations
and maintenance. During nonworking hours, the response
shall not exceed six (6) hours. Response shall mean a
technician is working on the Network in an effort to
correct the service problem.
7. Storer Metro will operate the PCN with due diligence.
F. PCN cable drops will be accomplished following the same cost
sharing provisions as those established for RSN cable drops
into public institutions.
S. MACC and Storer Metro will develop and, as part of these
renegotiations, agree to a PCN management, operation and
maintenance plan which will be in effect during the
development period.
-2-
MACC/`STORER METRO SUMMARY OF RENEGOTIATIONS
SEPTEMBER 9, 1985
C H. At the end of the development period and thereafter, MACC
shall ,have the right to take possession of the PCN as proposed
by Storer Metro in its April 1, 1985 letter if Storer Metro
does not continue to operate the PCN. Storer Metro shall give
MACC-a 180 day notice of its intent not to operate the PCN.
I. The starting date for the developmental period is July 1,
1986.
J. If MACC determines that Storer Metro has met the performance
standards set forth in paragraph Number ,5, and has set and
adjusted the rates accdrding to paragraph Number 3 set forth
above, for a period starting with the effective date of
agreement of these renegotiations and running to July 11 1988,
MACC shall grant to Storer Metro a one year extension of the
Franchise Agreement. Provided Storer Metro meets the
provisions for an additional two year period, MACC shall grant
to Storer Metro an additional one year franchise extension.
Failure to meet the performance standards and the rate and
rate adjustment provisions shall be considered a material
breach of the franchise and subject to applicable penalties.
K. Storer Metro will forgive MACC the money owed as a franchise
advance. MACC will use the_$193,000 franchise fee advance for
its extraordinary :costs for renegotiations and for
demonstration projects on the PCN. Storer Metro is relieved
of all other demonstration project grants.
L. If Storer Metro continues to operate the PCN, performance
standards continue to apply.
II. COMMUNITY_ACCESS_TELEVISION:.
NO CHANGES IN THE FRANCHISE AGREEMENT.
III. INTERACTIVE_SERVICES, _CARACITY_AND_CAPABILITY:
A. Storer Metro will introduce, market and operate on the
Residential Service Network any interactive service at the
time MACC and Storer Metro ,jointly determine it is operating
profitably on 20% of the interactive capable cable television
systems in the United States. To determine if the service is
being provided profitably, MACC and Storer Metro will survey
to determine that the interactive cable service is being
provided voluntarily and is an ongoing service. If a third
party is necessary to provide an interactive service and
Storer Metro in good faith is unable to secure the third
party, MACC may waive this requirement per Section 4.7.
3
MACC/STOKER METRO SUMMARY OF RENEGOTIATIONS
SEPTEMBER_9, , 1985
B. Storer Metro will report to MACC, at least yearly, on its
efforts to develop interactive services and their financial
viability.
C. Upon introduction of an interactive service, the service will
be available to all areas of the franchise territory.
Experiments and demonstrations may take place.
D. All trunk amplifiers and line extenders will have return
modules within 24 months of the effective date of this
agreement.
IV. C-ONSTRUCTIONs
A. Isolated-Homes.:
1. Homes within 200 feet of existing plant will be served at
the standard installation rate. Homes between 200 feet
and 500 feet of existing plant may be served by a 50/50
cost sharing between the homeowner and Storer Metro. For
installations beyond 500 feet, the homeowner may pay the
full cost beyond the first 500 feetandshare 50/50 in the
cost between 200 and 500 feet.
2. Extensions shall be measured from the end of the existing
plant.
3. Street bores to bring plant to the requesting homeowner's -
side
omeowner'sside of the street shall not be included as part of the
extension.
4. Isolated homes are located in areas with less than 35
homes per mile.
5. The amount of cable construction as measured in feet,
which is the basis for the cost sharing, will be computed
as follows:
Start at a point at the end of the existing cable plant
exclusive of a street crossing. The actual length of
cable needed to extend from the starting point to the
subscriber's home shall be the total number of feet.
The cost of the project from the starting point to the
home shall be divided by the total number of feet. The
resultant cost per foot shall be used to compute each
party's share.
MACE/STORER METRO SUMMARY OF RENEGOTIATIONS
SEPTEMBER 9, 1985
B. New-Subdivisions;
1. Storer Metro will be required to build, activate, proof
and sell cable in new subdivisions within sixty (60) days
of the time when 50% of the subdivision' s potential
dwelling units have been issued building permits or 25% of
the subdivision' s potential dwelling units have contracted
for cable television.
2. If plant extension of the existing cable plant exceeds 200
feet times the number of planned dwelling units in the new
subdivision to reach the beginning of the new subdivision,
Storer Metro may consider the new subdivision as isolated
homes. Starting point to compute distances is the end of
existing cable plant.
3. MACC, as a franchise obligation, will notify all member
jurisdictions to add Storer Metro to their lists so Storer
Metro will be notified ofmunicipalconsiderations of new
subdivisions.
C. Multiple_Dwelling_Unitrg
Storer Metro will be required to provide cable to any MDU
complex in which the owner requests service and in which the
average cost per unit for construction is equal to or less
than $150.00 (1985 dollars - to be inflated by a mutually
agreeable construction inflator). The total cost is divided
by the number of units to determine the average cost and shall
include only the costs of line extensions and pre/post wiring
of the units on the complex' s property.
V. FREE�RE$IDENTIFdL_SERVICE/FREE_CABLE_AROPS_TO_PUBLIC_INSTLTUTIPNS
e
A. Public institutions may be charged for residential cable
subscriptions. The rate shall be no greater than the rate
charged to other residential cable subscribers.
b. Public institutions will share in the cost of residential
cable drops. Storer Metro will pay the cost for the first 300
feet. The public institution and Storer Metro will share the
cost 50/50 for the next 300 feet. Any construction beyond 600
feet will be the responsibility of the public institution.
The amount of cable construction as measured in feet, which is
the basis for the cost sharing, will be computed as follows:
Start at a point on the property of the public institution
adjacent to the public right of way nearest to the point
:! where cable television plant capable of being tapped for
service is located, and which is nearest to the entry point
into the facility.' The actual length of cable needed to
-5-
MACC/S'TORER METRO SUMMARY OF RENEGOTIATIONS
SEPTEMBER 9, 1985
1.
extend from the starting point to the line of demarcation
within the facility shall be the total number of feet. The
cost of the project from the starting point to the line of
demarcation shall be divided by the total number of feet.
The resultant cost per foot shall be used to compute each
party's share.
VI FRANCHLSE_FEES
NO CHANGE IN THE FRANCHISE AGREEMENT.
VI. RA:[E_pgRE@ULATION_
NO CHANGE IN THE FRANCHISE AGREEMENT.
VIII. EMERGEP+ICY,A!_ERT^�APAHIL-ITYs
MACC will not require Storer Metrotoprovide Z Alerts into all
/ converters, provided that the Scientific Atlanta Comm AlertSystem
is operation within ninety (90) days of the effective date of this
agreement, and that Storer Metro will in good faith agree to work
with public safety officials so the cable system is a resource
during emergencies.
IX. STATIiS_MONITLIRING;.
MACC will defer the requirement for status monitoring until three
years from the effective date of this agreement, at which time
MACC will evaluate compliance with MACC Resolution 85-01 as
incorporated into the Franchise Agreement. If Storer Metro is in
compliance with MACC Resolution 85-01, MACC shall defer the status
monitoring requirement an additional three years. MACC will
continue to monitor and defer this requirement at three year
intervals if Storer Metro is in compliance with Resolution 85-01.
X. INTERCONNECTIOid_TO_OTHER_CABLE._SYSTEMS_
NO CHANGE IN THE FRANCHISE AGREEMENT.
i
.,t
MACC/STORER` METRO SUMMARY OF RENEGOTIATIONS
SEPTEMBER 9, 1985
XI. MODLFICATIONS FOR. VI_DEOTEXTg
Section 5. 5 will be deleted from the Franchise Agreement.
XII. REFERENCES_.TO THE..F__RANCHISE_PROPOSALq
NO CHANGE IN THE FRANCHISE AGREEMENT.
XIII. 'QUAL IYY_OF_SERVICEo
Provisions of MACC Resolution 85-01 will be incorporated into the
FranchiseAgreementas modified by this agreement. Resolution
85-01 requiresStorer Metro to answer their customer service
telephone 95% of the time with no longer than a three minute wait.
The 95% requirement will be reduced to 90%. It also requires
response to service requests be made within 24 hours; compliance
with technical standards; and installations within sixty (50) days
of a request. The Resolution also sets forth penalties.
XIV. y?ROGRRM_L][NEllP_CHANGES:.
Current Franchise Agreement language will be modified to reflect
the Cable Act of 1984.
XV. PERFORMANCE_@OND:
The existing Franchise Agreement allows MACC to reduce the amount
of the Performance Bond from $500,000 to $100,000 upon the
completion of construction. This agreement states MACC will
reduce the amount upon successful completion of construction.
WJT/tmm
-7-
t
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council September 16, 1985
FROM: Loreen Wilson, Deputy Recorder &
Tim Ramis, Legal Counsel
SUBJECT: Tigard Charter Review Report
Since the last Charter Review and election, May 18, 1982, the Charter has
become difficult to interpret in some areas and other sections have become
outdated with State Statutes. For these reasons, the City Administrator
requested Legal Counsel & my office to address these concerns with Council.
Upon Council's direction, ballot measures (in the form of resolutions) will be
prepared for consideration on 9/23/85. The measures must be submitted to the
County Elections Officer by October 2, 1985 in order to be considered at the
November 5th election.
Each section which has caused concern will be addressed separately for your
consideration. Also attached are copies of the current Charter language for
each section, unless set forth in the body of this memorandum. Note: Single
underlining is language proposed to be added and bracketing indicates language
/- proposed to be deleted.
SECTION 7 MAYOR AND COUNCIL: In interpreting the intent of this section,
as it deals with Council members serving at the time of the 1982 revision and
Mayor's time limitations, the following questions have been raised.
a. Application To Existing Council Members On 5/18/82:
1. Is there an absolute immunity for anyone serving on Council when
the Charter provision was adopted? Is there immunity for persons
as long as they serve on the Council without a break in service?
2. Do we want language establishing an effective date for these
persons (e.g. the beginning of the next term following adoption)?
b. Mayor Time Limits:
1. Is there any time limit on service as Mayor after serving as a
Councilor? If so, what is it?
2. For persons who have not served before on Council, is there a time
limit as Mayor?
3. If a person first serves as Mayor, is there then an 8 year limit
as Councilor?
4. If a persons first serves as' Councilor for 8 years, then Mayor, ;
E-T could they be a Councilor for 8 more years without a break in the
'service?
i
Page 2 of 4
Tigard Charter Review Report
September 16, 1985
An ordinance change that should be considered is to Section 2.40.030 of the
TMC. This section deals with filing dates for the Mayor. We would suggest
adding a subsection, for clarification purposes, to read as follows:
At the time of filing, any councilperson filing for mayor whose term would
overlap with that of mayor shall submit a resignation in the form required
by the Charter.
SECTIONS 10 & 22 OTHER OFFICERS & RECORDER: The Charter has set out the
duties of City Recorder to include those which the Finance Director is
currently handling. More specifically, to "sign all. orders on the treasury
Since the growth of the City has required these duties be split between two
positions, the City Administrator has requested that the position of Finance
Director be added as an officer. Currently the City has an Acting and a -'
Deputy Recorder neither are currently officers of the City. The following
revisions to the Charter have been recommended by Bob Jean.
Section 10. OTHER OFFICERS. Additional officers of the City shall be a
municipal judge, a recorder, a finance officer, and such other officers as
the Council deems necessary. Each of these officers shall be appointed
and may be removed by the Mayor with the consent of the Council. The
Council may combine any two or more appointive City officers. The Council
may designate any appointive officers to supervise any other appointive
officer except the municipal judge in exercise of his judicial functions.
Section 22. RECORDER. The recorder shall serve ex officio as clerk of
the Council, attend all its meetings unless excused therefrom by the
Council, keep an accurate record of its proceedings in a book provided for
that purpose, and be the City's elections officer. [and sign all orders on
the treasury] In the recorder's absence from a Council meeting, the Mayor
shall appoint a clerk of the Council pro tem who, while acting in that
capacity, shall have all the authority and duties of the recorder.
Section 22A. FINANCE OFFICER. The finance officer shall be resq onsible
for the administration of the City's fiscal functions and shall sign all
orders on the treasury.
SECTION 13 MEETINGS: This section appears to be in conflict with the
State's Open Meeting Law. Since this conflict could cause possible error in
calling meetings of the City Council, the following language changes are
recommended.
Section 13. MEETINGS. The Council shall hold a regular meeting at least
once each month in the City at a time and at a place which it designates.
It shall adopt rules for government of its members and proceedings. The
Mayor upon his own motion may, or at the request of three members of the
Council shall, by giving notice thereof to all members of the Council. then
in the City, call a special meeting of the Council [not earlier than three
(3) nor later than seventy—two (72) hours after the notice is given]. In
the event of the physical absence of the Mayor from the City, the Council
President shall be empowered to call special Council meetings in the same
manner as the Mayor may call such meetings.
s
E.
Page 3 of p
Tigard Charter Review Report
September 16, 1985
Special meetings of the Council may also be held at anytime by the common'
consent of all members of the Council or by the delivery of a request for
a special meeting, signed by a majority of the Council members, and
delivered to the City Recorder and to remaining Council members and the
Mayor, if they are then in the City. [In either case, such special
meeting shall not be held earlier than three (3) nor more than seventy-two
(72) hours after the notice is given.] All meetings of the City Council
shall conform to notice requirements consistent with state statute.
It is also necessary for the Council to "adopt rules for government of its
members and proceedings" as required by Section 13 which should also address
what is considered a 'regular' meeting. Without that formal direction, the
Council meeting notices are difficult to administer.
SECTION 19 VOTE RE2UIR£D: Councilor Brian originally questioned whether a
Charter change would be appropriate to better identify what vote is required
to indicate approval by the Council. Currently, if a 2-1-1 vote is cast (two
members voting yes, one member voting no, and one member abstaining) it is
considered a 'deadlock' and the issue does not pass. To allow a 2-1-1 and
2-0-1 vote split to pass, the following language is suggested for review.
Section _19. VOTE REQUIRED. Except as this charter otherwise provides,
the concurrence of a majority of the members of the Council present and
voting, when a quorum of the Council is present, at a Council meeting
shall be necessary to decide any question before the Council.
SECTION 20 & 35 MAYOR & MODE OF ENACTMENT: The Charter currently requires
the Mayor to sign all ordinances within three days after enactment. If an
ordinance is amended at the Council meeting it requires retyping before l'
signature. The Mayor may be unavailable on the third day and then it becomes
very difficult to meet this requirement of the Charter. The following
language is suggested.
Section 20. MAYOR. The Mayor shall appoint the committees provided by
the rules of the Council. He shall sign all approved records of
proceedings of the Council and countersign all orders on the treasury. He
shall have no veto power and shall authenticate by his signature all
ordinances passed by the Council [within three days] after being enacted.
After the Council approves a bond of a City Officer or a bond for a
license, contract, or proposal, the Mayor shall authenticate the bond by
his endorsement thereon.
The same language deletion is recommended in Section 35 Subsection (5).
SECTIONS 23 - 27 ELECTION REQUIREMENTS: The Legislature has declared
specific dates to be used state-wide for elections and has required the County
Elections Officer give notice and hold the elections for all taxing entities,
One reason for this state-wide change was to limit the expenses associated
with elections. Sections 23-27 of the Charter require additional notice of
elections, beyond that required by state statute. The County Elections
Officer advertises City measures in the Tigard Times and, due to the Charter
requirements, so does the City Recorder. The City pays for advertising," plus
staff time preparing notices and posting in numerous locations. These costs '
vary depending upon the number of ballot measures.
Page 4 of 4
Tigard Charter Review Report
September 16, 1985
Our recommendation would be to repeal current language in Sections 23 — 27 and
replace with the following new language.
Section 23. ELECTIONS. Except as this charter provides otherwise, and
the Council provides otherwise by order, the general laws of the State
shall apply to City elections.
SECTION 35 MODE OF ENACTMENT: This section of the Charter requires each
ordinance be posted, given to the Council, and available for public inspection
"not later than one week before the first reading of the ordinance".
Historically, the City has interpreted this requirement: to mean 'during the
week before the meeting' . However, we feel it is requiring ordinances to be
ready for review 7 days before action is taken.
ORS 221.912 requires cities to post ordinances in three public places before
they become effective. The way this is written would indicate that an
ordinance would be posted after enactment if no emergency clause were used.
The emergency clause could also declare the effective date within one or two
days after the Council meeting which would allow posting time.
One area where the City could receive a challenge is whether the ordinances
adopted in the past are valid when the Charter and State Statute have
different requirements to be met. Historically, the City has not interpreted
the Charter to require 7 days notice and has held that the Charter supersedes
the State Statute requirement.
We would propose, to remove any concern or possibility of challenge in this
area, to adopt an ordinance which would ratify and confirm all ordinances
previously adopted.
Secondly, we would suggest repealing Section 35 Subsection (2) and replace
with the following language which would adopt state statue requirements and
make the adoption process much clearer and less likely for misinterpretation
or challenge. To eliminate future questions, staff will meet the intent of
the Charter and State Statute until this matter goes before the voters. This
does mean that Council can only pass an ordinance which was mailed, or
delivered, to them the Monday before it is enacted.
New Subsection (2): Any reading may be by title only (a) if no Council
member present at the meeting requests to have the ordinance read in full
or (b) if a copy of the adopted ordinance is posted in at least three
public places within the city limits before it becomes a law.
SECTION 41 DEBT LIMIT: The term "voluntary floating indebtedness",
according to Blacks Law Dictionary, indicates expenditure outside the approved
budget. Since that action is illegal by state statute, the -$5,000.00 limit
would not be allowed. There could be potential challenge with this section in
the Charter and it could be misinterpreted. The budget document would
supercede this Charter requirement and thus make Section 41 invalid, The
recommendation is to repeal Section 41 in its entirety, however, a ballot
measure such as this could easily be misinterpreted by the voters.
We will be available for discussion Monday evening.
LW/3197p
7- 8
tSection 7: MAYOR AND COUNCIL.''" The elective officers
of the city"`shall be a mayor and four councilors who together
shall constitute the City Council. Except for mayor and
councilors holding office on the effective date of the 1982
Charter Amendment, neither the mayor nor any councilor shall
serve the city in such position for a period of eight
consecutive years, except for the filling of an expired term,
and except that any councilor may serve as mayor notwith-
standing eight years service as councilor. The mayor shall
be elected at each general election and hold office for a
period of two years.
No person who is serving as mayor or councilor shall
become a candidate for any city office for a term which
would be concurrent with the term in office then held unless
that person first submits a written resignation from the
then current office. A resignation submitted for the purpose
of satisfying the provisions of this section shall recite
that it is given for the purpose of permitting its signer
to be a candidate for office. A resignation submitted to
satisfy this section shall not be withdrawn. A resignation
shall be adequate for purposes of this section if it provides
for the termination of the signer' s service in the office
not later than the last day before service would begininthe
officeforwhich that person- seeks _to become a candidate.
In the event the office of mayor or councilor becomes
vacant before the normal expiration of its term a special
election shall be held to fill the office for the unexpired
term. Such an election shall be held in accordance with the
election laws of the State of Oregon and city ordinances
not inconsistent with such election laws. (Measure 53 ,
November 2, 1982 election: measure 53 , May 18 , 1982 election) .
Section 8. COUNCILORS. The four council _positions
are hereby designated as positions number 1, 2 , 3 and 4.
The councilors shall be elected to hold office for a period
of four years; provided, however, the officers holding office
at that time of adoption of this amendment shall hold their
offices for the balance of the terms for which they were
elected or appointed and until their successors are elected
and qualified.
At each biennial general state selection after this amend-
ment takes effect beginning in 1972 , two councilmen shall be
elected, each for a term of four (4) years. Candidates to
fill positions one and two shall be submitted to the voters
in the general election in 1972 , and candidates for council
positions three and four shall be subject to election in 1974 .
The candidate receiving the highest number of votes for each
C5 (Tigard 4/83)
22--23
� J violation of city ordinances shall be entitled to a trial
by jury as provided by state statutes. (Measure 55 , May
18 , 1982 election) .
Section 22 RECORDER. The recorder shall serve ex of-
ficio as clerk of the council, attend all its meetings unless
excused therefrom by the council, keep an accurate record of
its proceedings in a book provided for that purpose, and sign
all orders on the treasury. In the recorder's absence from
a council meeting, the mayor shall appoint a clerk of the` coun-
cil pro tem who, while acting in that capacity, shall have all
the authority and duties of the recorder.
Chapter 'VI
ELECTIONS
p <.23, REGULAR ELECTIONS. Regular city elections
shall-"be held ae the same times and places as biennial general
4 �
C7-2
(Tigard,. 4/83)
x
{ a
k
24--29
state elections in accordance with applicable state election
laws.
Setion" 24.' NOTICE OF REGULAR ELECTIONS. The recorder,
pursuant 'to 'directions from the council, shall give at least
ten days' notice of each regular city election by posting no-
tice thereof at a conspicuous place in the, city hall and in
one public place in each voting precinct of the city. The
notice shall state the officers to be elected, the ballot ti-
tle of each measure to be voted upon, and the time and place
of the election.
r,
SPECIAL ELECTIONS. The council shall ap-
ftpt .on 25.
prove the time, manner, and means for holding any special
election. The recorder shall give at least ten days' notice
of each special election in the manner provided by the action
of the council ordering the election.
�st�c .o: `25.'' `REGULATION OF ELECTIONS. Except as this
charter 'provides otherwise and as, the council provides other-
wise by ordinances relating to elections, the general laws of
the state shall apply to the conduct of all city elections ,
recounts of the returns therefrom and contest thereof.
+actin 27 CANVASS OF RETURNS. In all elections held
in aonjinction with state and county elections, the state
laws governing the filing of returns by the county clerk shall
apply. In each special city election the returns therefrom
shall be filed with the recorder on or before noon of the day
following, and not later than five days after the election,
the council shall meet and canvass the returns. The results
of all elections shall be made a matter of record in the jour
nal of the proceedings of the council. The journal shall
contain a statement of the total number of votes cast at each
election, the votes cast for each person and for and against
each proposition, the name of each person elected to office,
the office to which he has been elected, and a reference to
each measure enacted or approved. Immediately after the can
vass is completed, the recorder shall make and sign a certifi-
cate of election of each person elected and deliver the cer-
tificate to him within one day after the canvass. A certifi-
cate so made and delivered shall be prima facie evidence of
the truth of the statements contained in it.
Section 28 TIE VOTES. In the event of a tie vote for
candidates for an elective office, the successful candidate
shall be determined by a public drawing of lots in a manner
prescribed by the council.
Section 29. COMMENCEMENT OF TERMS OF OFFICE The term
of office of a person elected at a regular city election
�w
s
i C8
34--37
{ Chapter VIII
ORDINANCES
Section 34. ENACTING CLAUSE. The enacting clause of
all ordinances hereafter shall be, "The City of Tigard
ordains as follows :"
Section 35.;' MODE OF ENACTMENT. (1) Except as aara-
grapti'"(2) of this section provides to the contrary, every
ordinance of the council shall, before being put upon its
final passage, be read fully and distinctly once in open
council meeting:
(2) Any reading may be by title only (a) if no council
member present at the meeting requests to have the ordinance
read in full or (b) if a copy of the ordinance is provided
for each council member and three copies are provided for
public inspection in the office of the city recorder not
later than one week before the first reading of the ordi-
nance and notice of their availability is given forthwith
upon the filing, by (i) written notice posted at the city
hall and two other public places in the City or (ii) advertise-
ment in a newspaper of general circulation in the City.
(3) An ordinance enacted after being read by title alone
may have no legal effect if it differs substantially from
its terms as it was thus filed prior to such reading, unless
each section incorporating such a difference is read, fully
and distinctly in open council meeting as finally amended
Za'v prior to being approved by the council.
(4) Upon the final vote on an ordinance, the ayes and
nays of the members shall be taken and recorded in the journal.
(5) Upon the enactment of an ordinance the recorder
shall sign it with the date of its passage and his name and
title of office, and within three days thereafter the mayor
shall sign it with the date of signature, and the name and
title of office of the mayor. (Measure 54, November 2 , 1982
election) .
Section 36. WHEN ORDINANCES TAKE EFFECT. An ordinance
enacted by the council shall take effect on the thirtieth day
after its enactment. When the council deems it advisable,
however, an ordinance may provide a later time for it to take
effect. In case of emergency, an ordinance may take effect
immediately, provided that there is set forth in a separate
section the reasons why it must become effective immediately.
Chapter IX
PUBLIC IMPROVEMENTS
Section 37. CONDEMNATION.. Any necessity of taking prop-
r erty for the City by Condemnation shall be determined by the
}
C10 (Tigard 4/83)
38--42
t council and declared by a resolution of the council describing
the property and stating the uses to which it shall be de-
voted:
Section 38. IMPROVEMENTS. The procedure for making,
altering, vacating or abandoning a public improvement shall
be governed by general laws of the state. Action on any pro-
posed public improvement, except a sidewalk or except an im-
provement unanimously declared by the council to be needed at
_once because of an emergency, shall be suspended for six months ,
upon a remonstrance thereto by the owners of two-thirds of the
property to be specially assessed therefor. For the purpose
of this section "owner" shall mean the record holder of legal
title to the land, except that if there is-a purchaser of the
land according to a recorded land sale contract or according
to a verified writing by the record holder of legal title to
the land filed with the city recorder, the said purchaser
shall be deemed the "owner".
Section 39. SPECIAL ASSESSMENTS. The procedure for
levying, collecting, and enforcing the payment of special
assessments for public improvements or other services to be
charged against real property shall be governed by general
ordinance.
Section 40. BIDS. Except as provided or allowed by
state law, all contracts for public improvements to be made
tea.. by a private contractor shall be let to the lowest responsible
bidder for the contract and shall be performed in accordance
with plans and specifications approved by the council. The
council shall have the right to reject any or all bids for
public contracts. (Measure 51, November 2, 1982 election) .
MISCELLANEOUS PROVISIONS
sor�r1. DEBT LIMIT. Except by consent of the vot
' � -
ers,' the City's voluntary floating indebtedness for general
city purposes shall not exceed $5,000.00 . For purposes of
calculating the limitation, however, the legally authorized
debt of the City in existence at the time this charter takes
effect shall not be considered. All city officials and em-
ployees who create or officially approve any indebtedness in
excess of this limitation shall be jointly and severally li-
able for the excess.
Section 42. Repealed by Measure 58, May 18, 1982
election.
3 Cll/C12 (Tigard 4/83)
In
CITY OF TIGARD, OREGON_
COUNCIL AGENDA ITEM SUMMARY 1
AGENDA OF: September 16, 1985 AGENDA ITEM #: r '
DATE SUBMITTED: September LO, 1985 PREVIOUS ACTION:
ISSUEIAGENDA TITLE: Land Use
Hearing's Officer PREPARED BY: Community Development
Decisions by Ng L-1
SL 8-85 Russ Krueger
CU 4-85 - Villa Ridge Christian Ch. REQUESTED BY:
DEPARTMENT HEAD OK:
CITY ADMINISTRATOR:
POLICY ISSUE
INFORMATION SUMMARY
Attached are the Hearings Officer's Final Reports for:
1. SL 8-85 - Russ Krueger
2. CU 4-85 - Villa Ridge Christian Church
ALTERNATIVES CONSIDERED
1. Receive and File
2. Motion to remove from Consent Agenda and call up for Council review at a
later meeting.
_ SUGGESTED ACTION
;. Receive and file. '
(1821P)
s
CITY OF TIGARQ
Washington County, Oregon
NOTICE OF FINAL ORDER - BY HEARINGS OFFICER '
1. Concerning Case Nuaiber(s): SL 8-85 --
2. Nate of Owner: Russ Krueger
3. Nance of Applicant: Krueger Development Co.
Address 3515 SW Barber Blvd. # Y-1 City Portland State OR Zip 97201
4. Location of Property:
Address East of 135th Ave. and north of Morningh Hill subdivision
Legal Description WCTM 1S1 33DC TL 500
5. Nature of Application: Requestto grade a drainageway and to install a storm
drainage line.
6. Action: Approval as requested
XX Approval with conditions
Denial
7. Notice: Notice was published in the newspaper, posted at City Hall
and mailed to:
XX The applicant & owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
S. Final Decision:
THE DECISION SHALL BE FINAL ON 9-16-85 ` UNLESS AN APPEAL IS FILED.
The adopted findings of fact. decision, and statement Of.conditi- can be
obtained 'from the Planning Department. Tigard City Hall, 12755 SW Ash.
P.O.. Box 23397. Tigard, Oregon 97223.
Any party t6:.;.the :decision way appeal this decision in. accordance with
ffi8.32.290(A) ._aetd section 18:32.370 which provides that a .written appeal
awy .bei filsd.within 10 daiys after notice; is given and sant'
N lteedeacdline fbr filing of an appeal im `8.30 P.14 9-16-85
zif
you-,-.,have , �uestns. pleasq fats the City ®!!. Tigard
J
t Plannsng a�epart�an . �3iila. K
� s 5
BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE MATTER OF THE APPLICATION }
FOR A SENSITIVE LANDS PERMIT TO ) No.
GRADE A DRAINAGEWAY AND INSTALL )
A STORM DRAINAGE LINE ON PROPERTY ) SL 8-85
ZONED R-12 (Residential, 12 units/)
acre) ; Russ Krueger, applicant. )
The above--entitled matter came before the Hearings
Officer at the regularly scheduled meeting of August 22,1985,
at the Durham Waste Treatment Plan, in Tigard, Oregon; and
The applicant requests a sensitive lands permit to
grade a -drainageway and to install a storm drainage line on
property zoned R-12 (Residential, 12 units/acre) , and located
on the east side of 135th :Auenue and north of Morning Hill
subdivision, property more specifically described as Tax
Lot 500, Map 151-33DC, City of Tigard, County of Washington,
State of Oregon; and
The Hearings .Officer conducted a public hearing on
August 22,1985, at which time testimony, evidence and the
Planning Department Staff Report were received; and
The Hearings Officer adopted the findings of fact
and conclusions contained' in the Staff Report, a copy of
which is attached hereto, marked "Exhibit All aNd incorporated
by reference herein;
NOW THEREFORE IT. IS HEREBY ORDERED that SL 8-85 be
and hereby is approved subject to the following conditions:
Page l - SL 8-85 w
n
1. Ditch or closed conduit construction shall not
commence until after the Engineering Division has issued approved
improvement plans. The Division will require posting of a 100%
performance bond, a 4% .permit fee, and the execution of a
Compliance Agreement.
2. Three (3) sets of plan-profile public improvement
construction plans and one (1) itemized construction cost extimate,
stamped by a Registered Professional Civil Engineer, detailing
the proposed improvements shall be submitted to the Engineering
Section for approval.
3. Any necessary storm drainageway easements shall be
executed by the applicant on forms provided by the City.
4. No work within Phase I of Ari Green shall cause a
restriction of the stormwater carrying capacity of the drainageway.
No work within Phase II of Ari Green shall proceed without having
first been approved by the City and bonded by the applicant.
5. This approval is valid if exercised within one year
of the final decisiondate ted below.
DATED this day of August, 1985.
HEARING R
A ROVED:
BETASON
H M
Page 2 o SL 8-85
38--42
T council and declared by a resolution of the council describing
the property and stating the uses to which it shall be de-
voted.
Section 38. IMPROVEMENTS. The procedure for making,
altering, vacating or abandoning a public improvement shall
be governed`by, general Taws of the state. Action "on any pro-
posed public improvement, except a sidewalk or except an im-
provement unanimously declared by the council to be needed at
once because of an emergency, shall be suspended for six months,
upon<a remonstrance thereto by the owners of two-thirds of the
property to be specially assessed therefor. For the purpose
of this section "owner" shall mean the record holder of legal
title to the land, except that if there is 'a purchaser of the
land according to a recorded land sale contract or according
to a verified writing by the record holder of legal_ title ;to
the land filed with the city recorder, the said purchaser
shall be deemed the "owner"
Section 39. SPECIAL ASSESSMENTS. The procedure for
levying, collecting, and enforcing the payment of special
assessments for public improvements or other services to be
charged against real property shall ba governed by general
ordinance.
Section 40. BIDS. Except as provided or allowed by
state; law, all contracts for public improvements to be made
by a private contractor shall be let to the lowest responsible
bidder for the contract and shall be performed in accordance
with plans and specifications approved by the council. The
council shall have the right to reject any or all bids for
public contracts. (Measure 51, November 2 , 1982 election) .
MISCELLANEOUS PROVISIONS
3 � 1: DEBT LIMIT. Except by consent of the vot-
ers,""the Cit s"voluntary floating indebtedness for general
city purposes shall not exceed $5,000.00. For purposes of
calculating the limitation, however, the legally authorized
debt of the City in existence at the time this charter takes
effect shall not be considered. All city officials and em-
ployees who create or officially approve any indebtedness in
excess of this limitation shall be jointly and severally li-
able for the excess.
Section 42. Repealed by Measure 58, May 18 , 1982
election.
t
:3 Cll/C12 (Tigard 4/83)
.h
�a
f
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 16, 1985 AGENDA ITEM
DATE SUBMITTED: September 10, 1985 PREVIOUS ACTION:
ISSUE/AGENDA TITLE: LandUse `--�
Decisions by Hearing's Officer PREPARED BY: Community Development
SL 8-85 Russ Krueger
CU 4-85 — Villas Ridge Christian Ch. REQUESTED BY:
DEPARTMENT HEAD OK: — CITY ADMINISTRATOR:
POLICY ISSUE
INFORMATION SUMMARY
Attached are the Hearings Officer's Final Reports for:
1. SL 8-85 - Russ Krueger
2. CU 4-85 — Villa Ridge Christian Church
ALTERNATIVES CONSIDERED
1. Receive and File
2. Motion to remove from Consent Agenda and call up for Council review at a
later meeting.
;e
SUGGESTED ACTION
Receive and file.
L
CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER - BY HEARINGS OFFICER
, 1. Concerning Casa Number(*) SL 8-85 ,
2. Name of Owner: Russ Krueger
3. Sam of Applicant: Krueger Development Co.
Address 3515 SW Barber Blvd # Y-1 City Portland StateOR Zip 97201
4. Location of Property:
Address East of 135th Ave.. and north of Morningh Hill subdivision
Legal Description WCTM 1S1 33DC TL 500
5. Nature of Application: Requesti to grade a drainageway and to install a store
drainage line.
6. Action: Approval as requested
XX Approval with conditions
Denial
7. Notice: Notice was published in the newspaper, posted at City Hall
and mailed to:
XX The applicant b owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
S. Final Decision
THE DECISION SHALL BE FINAL ON 9-16-85 UNLESS AN APPEAL 18 FILED.
The adopted findings of fact, decision, and statement of,conditton can be
obtained frost' the Planning Department. Tigard City Hall, 12755 SW Ash,
P.O.. Box 23397, Tigard, Oregon 97223.
9. . $pcaul
Any .party to.- the.;.decision. may s►ppaal ' this decision in accordance with
18.32.29�(A}. .aid Section..=18:32.370 whish provides ,that a .written appeal
may be,filad.within' .,10'dais after notica;�is;givan and sent:
The_daa�dlinm for f fling of an.°uppea�l is `1:30 P.M. :9-16=85
�tou hap•
ar> atlast18, plaasq 1',attl the City of .Tiga►d
Oaparteaeet; 63�*+dl7A. ,
z
BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE MATTER OF THE APPLICATION )
FOR A SENSITIVE LANDS PERMIT TO ) No.
GRADE A DRAINAGEWAY AND INSTALL )
A `STORM DRAINAGE LINE ON PROPERTY ) SL 8-85
ZONED R-12 {Residential, 12 units/)
acre) ; Russ Krueger, applicant. )
The above-entitled matter came before the Hearings
Officer at the regularly scheduled meeting of August 22, 1985,
at the Durham Waste Treatment Plan, in Tigard, Oregon; and
The applicant requests a sensitive lands permit to
grade a -drainageway and to install a storm drainage line on
property zoned R-12 (Residential, 12 units/acre) , and located
on the east side of 135th .Avenue and north of Morning Hill
subdivision, property more specifically described as Tax
Lot 500, Map 1S1-33DC, City of Tigard, County of Washington,
State of Oregon; and
The Hearings .Officer conducted a public hearing on
August 22, 1985, at which time testimony, evidence and the
Planning Department Staff Report were received; and
The Hearings Officer adopted the findings of fact
and conclusions contained in the Staff Report, a copy of
which is attached hereto, marked "Exhibit All aNd incorporated r
by reference herein;
NOW THEREFORE ITISHEREBY ORDERED that SL8-85 be
and hereby is approved subject to the following conditions:
Page 1 - SL 8-85
eF
��si
4_ 1. Ditch or closed conduit construction shall not
commence until after the Engineering Division has issued approved
improvement plans. The Division will require posting of a 100%
performance bond, a 4% .permit fee, and the execution of a
Compliance Agreement.
2. Three (3) sets of plan-profile public improvement
construction plans and one (1) itemized construction cost extimate,
stamped by a Registered Professional Civil Engineer, detailing
the proposed improvements shall be submitted to the Engineering
Section for approval.
3. Any necessary storm drainageway easements shall be
executed by the applicant on forms provided by the City.
4. No work within Phase I of Ari Green shall cause a
restriction of the stormwater carrying capacity of the drainageway.
No work within Phase II of Ari Green shall proceed without having
first been approved by the City and bonded by the applicant.
5. This approval is valid if exercised within one year
of the final decision date n6ted below.
DATED this day of August, 1985.
HEARING R
A ROVED:
BETH ON
Page 2 o SL 8-85
CITY OF TIGARQ 1
Washington County. Oregon
NOTICE OF FINAL ORDER BY HEARINGS OFFICER
1. Concerning Case kumber(s): C11 4-85
2. Nam of Owner: pills Ridge Christian Church
3, Name of Applicant: Same
Tigard State UR Zi 97223
Address 13405 SW Hall Blvd. City R:.._.._._._
4. Location of Property:
Address 13405 SW Hall Blvd.
r
Legal Description 2S1 2DA lot 701
5. Nature of Application* Request far a_uproval to add an auditorium, office,and
restrooms to an exist
an c urn am to a11ow a roe yar s a imately
3.5 feet where eet is required.
6. Action: �. Approval as requested
Approval with conditions
Denial
7. Notice: Notice was published in the newspaper, posted at City Hall 4
and mailed. to:
XX The applicant 6 owners
XX Owners of record within the required distance t
XX The affected Neighborhood Planning Organization
X Affected governmental agencies
Y
8. Final Decision'
• 5
THE DECISION SHALL BE FINIAL ON9-16-85 UNLESS AN APPEAL IS FILED.
The adopted findings of fact, decision. and statement of condition can be F
obtained from the Planning _Departmant. Tigard City Hall, 12755 SW Ash.
P.O. Box 28397, Tigard. Oregon 97223.' 4
9 , Aoo®al.
Any pang► tm ' the .decision may <appeal this, clecisioreh accotr+daftics„with ;
1B.32:240(A) aired..lection 19.32.370 which provido9 'the ":-4writtappeal
may b® filed within 1O deye after notice is given and sent.
The deaydlireet for filing of an appeal is 4:30 P.MI 9®16 .;,_ ��_.•
z
=r �° estione lease wall th® pity of' T� rd
10• of Rou eve gq qu p.
2 .,rime la►M! IJ ` ti4tapartm6nt, 639-4171 • �i,
BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE MATTER OF THE APPLICATION)
FOR A CONDITIONAL USE PERMIT TO )
ADD AN AUDITORIUM, OFFXCE AND ) No.
RESTROOMS TO AN EXISTING CHURCH )
AND A VARIANCE TO ALLOW FRONT ) CU 4-85/V 14-85
YARD 'SETBACK OF 3.5 FEET WHERE )
20 FEET IS REQUIRED; Tigard )
Christian Church, applicant. )'
The above-entitled matters came before the Hearings
Officer at the regularly scheduled meeting of August 22, 1985,
at the Durham Waste Treatment Plant, in Tigard, Oregon; and
The applicant`'requests a conditional use permit to
add an auditorium, office and _restrooms to an existing church,
and a variance to allow front yard setback of approximately 3.5`
feet where 20 feet is required, on property zoned R-12 (PD)
(Residential, 12 units/acre, planned development) , and located
at 13405 SW Hall Boulevard, property more specifically described
as Tax 701, Map 2S1-2DA, City of Tigard, County cf Washington,
State of Oregon; and
The Hearings officer conducted a public hearing ,on
August 22, 1985, at which time testimony, evidence and the Planning
Department Staff Report were received; and
The Hearings Office adopts the findings of fact and
conclusions contained 'in the Staff Report, a copy of which is
attached hereto, marked "Exhibit All and incorporated by reference
herein;
NOW THEREFORE IT IS HEREBY ORDERED that CTA 4-85 and V 14-85
be and hereby .are approved subject to the following conditions:
Page. l. - CU 4-85/V '14-85
I
1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE
MET PRIOR TO ISSUANCE OF BUILDING PERMITS
2._ Five (5), sets of plan-profile public improvement
construction plans and one (1) itemized construction cost
estimate, stamped by a .Registered' Professional Civil Engineer,
detailing all proposed public improvements shall be submitted
to the Engineering Section for approval.
3. Sanitary sewer plan-profile details shall be pro-
vided as part of the public improvement plans.
4. Construction of proposed public improvements shall
not commence, until after the Engineering Section has issued
approved public improvement plans. The Section will require
posting of a 100% Performance Bond, *the payment of a permit
fee and a sign installation/streetlight fee. - Also, the execution
of a street dedication construction compliance agreement shall
occur prior to, or concurrently with the issuance of approved
public improvement plans. SEE THE ENCLOSED HANDOUT GIVING MORE
SPECIFIC INFORMATION REGARDING FEE SCHEDULES, BONDING AND AGREE-
MENTS.
5. A permit is required to be obtained from the State
Highway Division for _work to be done within S.W. Hall Blvd.
6. Additional right-of-way shall be dedicated to the
public along S.W. Hall Blvd. frontage to increase the right-of-
way to 30 feet from centerline. An additional 10 feet shall
be encumbered in the 'form of a dedication or Permanent Roadway.
Easement to allow for the placement of sidewalks and utilities.'
Page 2 CU 4-85/V 14-85
The descriptionforsaid dedication and/or easement shall be
tied to the right-of-way centerline as established by the City.
The dedication and/or easement document shall be on City forms
and approved by the Engineering Section. The dedication required
hereinshallbe subject to the approval of the City Council, and
the State of Oregon. Should the State of Oregon not agree to
the right of-way dedication and easem nt alternatives described
herein, the applicant shall dedicate sufficient right-of-way to
satisfy the State of Oregon and the City of Tigard.
7 Half-street improvements including sidewalks, curbs,
streetlights, storm drainage and utilities shall be installed
along the S.W. Hall Blvd. frontage. Said improvements along
S.W. Hall Blvd. shall be built to arterial standards as established
by City of Tigard L.I.D. No. 85-1 (Hall-Burnham)
`- 8. Ano parking zone shall be created along S.W. O'Mara
Street by the City of Tigard.
9. Any utility relocations which may be necessary to
be done, as a result of the improvements, shall be done at the
'- applicant's expense except that covered by local improvement
districts proposed for the area.
<_. 1 `sanitary sewer connection shall be made if the
0. A
church property is within 300 feet of a sewer line. In lieu
of a connection, anon-remonstrance agreement and Washington
County Health Department approval for the continued use of the
septic system shall be required: r '
w�
Y }
.. -
Page 3 - CU 4-85/V `14-85
Rl
F c s
11. A revised site and landscaping_plan' shall be submitted
` for Planning Director approval which includes the following:
a. Parking area in its entirety.
b. Location and design of six (6) bicycle rack spaces.
C. Landscaping concept which conforms with Chapter
18.1OQ of the Code.
12, Landscaping materials shown on the approved land-
scaping plan shall be installed prior to occupancy of the addition.
13. This approval is valid of exercised within one year
of the final decisi...o..��n// da e.
DATED this"�/� day of August, 1985.
HEARINGS OFFICER
APPROVED
ETH MASON
Page 4' - CU 4-85/V 14-85
` tq
4a
CITY OF TIGARD, `OREGON
COUNCIL AGENDA ITEM SUMMARY !
AGENDA OF: 9/16/85 AGENDA ITEM#: ) / ,
DATE SUBMITTED: 9/11/85 PREVIOUS ACTION: None
ISSUE/AGENDA TITLE: Street
Dedication Acceptance — Self PREPARED BY: Randy Clarno
Service Furniture - REQUESTED BY: Engineering
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
POLICY ISSUE
INFORMATION SUMMARY
Self Service Furniture is a- commercial development being constructed at the
corner of SW Gaarde Street and Pacific Hwy. Conditions of development
included a traffic study, street improvements and an additional right—of—way
dedication of 10 feet along SW Gaarde Street. Attached are the required
dedication documents.
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
Engineering recommends that Council accept this Street Dedication from Self
Service ;Furniture, Inc.
s (RC:pm/1834P)
e �
-W
CU,-_i TIO:7
STREET DEDICATION
IC!70W ALL MEN BY TRESE PRESENTS, that S Y' Inn
=do hereby dedicate to the Public a perpetual Y1ght-of-way for street, road and utility
purposes on, over, across„„under, along and within the following described real property
in Washington County. Oregon:
:,s shows: by map and legal description on Dchibit "A" and attached heretoandin-
corporated by reference.
+
+ To have and to hold the above-described and dedicated rights unto the Public
forever for uses and purposes hereinabove stated.
The grantor(s) hereby covenants that they are the owner in fee simple and the
property iu free of all liens and encumbrances, they have good and legal right to grant
itheir rights above-described, and they will pay all taxes and assessments due and owing
( on the property.
The amount paid for this dedication is
IN WITNESS WHEREOF, the undersigned corporation has caused this Street Dedication
kto be executed by its duly authorized, undersigned officers acting pursuant to
->resolution of its Board of Directors.
RF.rF RP.RVTC'F`=IT F.
Name of Corp'99rtion
By
V' =President,. s E. Griner
By:
y: �tr
Secretary, a I_C T. Downc
WASHINGTON
STATE OF WOKIM )
G�pp��p�.7�;���) a s.
COUNTY OF tiJCSIi�: M) August , 1985
Personally appeared s _ ce iner and Patrick T. Downev
ch bei
+ - who, eang first duly sworn, did say that- the former is
the Vice- president and that the latter is the
secretary of Self Senyice Furniture, Inc.
a corporation, and that the seal affixed to
iJ 1,e foregoing instrument is the corporate oeal of said corporation and that sold
!,,,a t rumen t
atrument was-signed and sealed in behalf of said corporation by authority of Its board
of directors; and each of them acknowledged said instrument to be its voluntary act and
deed.
(Official Seal)
Notar ub' is for XXV4PO 13.ashington
Hy Commission expires:
ACCEPTANCE
I 9
Approved or to form Chic i day of
ty Attor ey .City of Tigard
Approved as to legal description this day of '-
B, . c
City -\91tylol Tigard
Accepted by the City Council this L.day of
C Y CO IL, CITY OF TIGAIjD,•OREGON
y: ty Recorder --City of,Tigard
(1704A) _
"A"EXHIBIT
SAV. GAARDE STREET H
\. - . 555.31 10"E N ID1.25 i
e,,a 10.00 10'OEOICATION 1,822.128 sp.11.
J 155.31 10 E - 183.16
\Q. ; .
QD\I
POINT OF DEGINNWG I° N
.r
N
N
N
N
v 1.602 ACRES
73.208.872 sq-fl. ;
w
N
N
\5
v Ngti o9�%\
o
n
w
p
F���ti
3
m
t�
n
w �Iti
N SG•03'A7"w IG4.34 � '
Legal description of property dedicated by Self Service Furniture, Inc. as shown
on the above r.1ap:
Legal Description
A PORTION OF THAT CERTAIN TRACT OF LAND IN THE NORTHEAST
QUARTER OF SL•CTION 10, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M.,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON CONVEYED TO
PACIFIC WESTERN BANK BY DEED RECORDED AS DOCUMENT NUMBER 84--
033842 WASHINGTON COUNTY, OREGON DEED RECORDS, SAID PROT'ION
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID
�o PACIFIC WESTERN BANK TRACT WHICH POINT BEARS SOUTH 34°30'47"
WEST 10.00 ,FEET-FROM THE MOST NORTHERLYCORNERTHEREOF AND
RUNNING THENCE, SOUTH 55-31- 10"-EAST PARALLEL WITH THE
SOUTHWESTERLY RIGHT OF WAY LINE OF SOUTHWEST GAARDE STREET
183.16 FEET; THENCE NORTH 23'42'09" EAST 10.18 FEET TO A
POINT ON SAID RIGHT OF WAY LINE;THENCE NORTH 55"31'10" WEST'
ALONG SAID RIGHT OF WAY LINE 181 .25 FEET TO THE MOST
NORTHERLY CORNER OF SAID PACIFIC WESTERN _BANK TRACT; 'THENCE
SOUTH 34°30'47" WEST 10.00 FEET TO THE POINT OF BEGINNING.
_ s
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 16, '1985 AGENDA ITEM #: 1+
DATE SUBMITTED: September 11, 1985 PREVIOUS ACTION:
ISSUE/AGENDA TITLE:
OLCC Application Approval - Buckets PREPARED BY: Loreen Wilson
of Fun Inc. REQUESTED BY: Buckets of Fun
DEPARTMENT HEAD OK CITY ADMINISTRATOR:
POLICY ISSUE'
INFORMATION SUMMARY
Staff has received a request for package sales license approval for Buckets of
Fun, Inc. They indicate the purpose of the license is to allow placement of
Oregon wines and imported malt beverages into the gift packs they sell. There
would be no consumption of the liquor allowed on :the premises under the
( package sales license.
The Police Department has completed the background check on the applicants and
recommends approval.
ALTERNATIVES CONSIDERED
1. Approve request and forward to OLCC
2. Deny request and forward to OLCC
SUGGESTED ACTION
Approve request and forward to OLCC.
lw/3192A
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
- AGENDA OF: 9-16-85 AGENDA ITEM 0:
DATE SUBMITTED: 9-16-85 PREVIOUS ACTION: N/A
ISSUE/AGENDA TITLE: OLCC .
License A�plication ReccmnendationPREPAREQ BY: R.B. Adams, Chief of Police
REQUESTED BY: Business Owner
DEPARTMENT HEAD OK: �1 � CITY ADMINISTRATOR:
POLICY ISSUE
City Council approval of all OLCC license applications.
INFORMATION SUMMARY
New License Application: R.M.B. Package Sales
Business: BUCXETS OF FUN, INC.
11945 SW Pacific Highway, Suite 240 �.
(Tigard Plaza)
Tigard, OR 97223
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
Recommend approval and forwarding to OLCC.
Respectfully,
Chief sof Police
MEMORANDUM
CITY OF TIGARD. OREGON
TO: Chief of Police September 6, 1985
FROM: Loreen Wilson LW
SUBJECT: OLCC Application - Background Check
Council Agenda of 9/16/85 - Report Needed by Noon - 9/11/85
Please run a background check on the attached list of owners for a
recommendation to the City Council on an OLCC Application for the following
new business.
Buckets of Fun, Inc.
11945 SW Pacific Hwy. , Suite 240
Tigard, Oregon 97223
620-5084
PS Application Request
If you are unable to complete the check by the 11th, please call me to
reschedule this on the tentative agendas.
Thank you.
lw/3170A
k
f 7104
CrryOF TWARD No.
12756 S.W.ASH
P.O.BOX 23397 DateL5
TIGARD,OR 87223
Nano
Address
Lot Block/Map Subdivision/Address
Permit Va Bldg. Plumb Cash Check✓,,r
sewer Other Other Rec.By
Acct.No. Description Amount
10-M Building Permit Fees
10.4314300 Plumbing Permit Fees
10.431oW Mechanical Permit Fees
10.230.501 State Bldg.Tax
10433 Plans Check Fee
30.443 Sewer Connection
30.444 Sewer Inspection
51-448 Street Syst.Dev.Char
{ 52-449.810 Parks 1 Syst.Dev.Charge �
52-4494= Parks 11 Syst.Dev.Charge
31-450 Storm Drainage Syst.Dev.Charge [
10-436 Business Tax #
0434 Alarm Permit
10.227 Bail
104W Fines-Traffic/MisdJParking �
10.230 CPTA Traffic/Wsd/clic.Asst.
1 Indigent Defense
122-401 r Service/USA
30-1 -402 Sewer Service/City 30'%
! 30-123 Sewer Sevice/City MaInt. i
30-125 Unmatched
31-124 Storm Drainage
(` Bancroft Prin. Pymt.
Bancroft int.Pymt.
f
TOTAL10-
-
vrg
-3Yx a
1
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f �
f - —
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r S S
S- `7
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e_Y-i r e N o r✓ ,c-4-v1 �= _
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t �o L3
9- 3o - 444,
s.s 39.E - y(. - S?o 8
C/ST' no_n.� Pess�L�
-Do8
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}
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 16, 1985 AGENDA ITEM #: U
DATE SUBMITTED: September 11, 1985 PREVIOUS ACTION: None
ISSUE/AGENDA TITLE:Summerlake #2
Phase 1 Subdivision Bond; authorize
Mayor 6 Recorder to execute in City's PREPARED BY: Community Development
behalf REQUESTED BY: John Hagman
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
POLICY ISSUE
INFORMATION SUMMARY
1. The proposed "Summer Lake No. 2 (Phase 1)" Subdivision is located at
south of Scholls Ferry Road adjacent to Summer Lake Drive. The
preliminary plat has been approved by the City.
2. The attached Subdivision Compliance Agreement and Letter of Committment
Performance Bond has been submitted by the developer, as is required by
the City, to assure completion of installation of all public facilities
within the proposed subdivision.
3. Construction plans are ready to be issued and al.lrequired public
improvement fees have been paid. Issuance of said plans is pending
Council action (as is suggested below).
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
Authorize the Mayor and City Recorder to execute the Subdivision Compliance
Agreement for Summer Lake No. 2 (Phase 1) in behalf of the City; and, also,
accept the Letter of Commitment Performance Bond therefor.
(1833P)
r
SUBDIVISION COMPLIANCE AGREEMENT
THIS AGREEMENT dated the &7'h day of 198_
between the CITY OF TIGARD, a municipality of Ore on, hereinafter termed the
"CITY", and Art Lutz, an individual
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
Washington County, a subdivision plat known as Amart Summer Lake No. 2 (Phase I)
in Section 33, Township 1 South, Range 1 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 leg.My
enforceable assurances that the public improvements will be installed as
required and completed within the time hereinafter set forth.
t
�. 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 $ 70,441 .50 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
thereafter, the City may at its option proceed to have the work competed and
- 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 optics,, bring proceedings to
enforce against the Petitioner and/or Petitioner's sureties specific
performance of the contract and compliance with the subdivision standards and
ordinances of the City of Tigard, and in such event, in like manner, the City
shall be entitled to recover such sum as the court shall adjudge reasonable as
and for the City's attorney's fees and costs, both in the Trial Court and
Appellate Court, if 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 #91, Option "B", together with a further
sum equal to the estimated cost of providing electrical energy to energize the
street lighting facilities for a period of two (2) years from the date of
initial energizing of said lights. Said amount being $ 315.36
(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
$ 195.00
(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
$ 14.088.00 to provide for correction of any defective work or
maintenance becoming apparent or arising within one (1) year after tentative
acceptance of the public improvements by the City.
Upon receipt of certification by the Department of Public Works, that all
requirements have been met, and a One Year Maintenance Bond, the City Council
agrees to tentatively accept the public 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 $ 2010.34
1 Sewer Fee $ 807.32
5,
— 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 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
I 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 pians
and subdivision code shall be installed throughout said subdivision not later
Ithan 3 years from the date of this Subdivision Improvement Contract.
1 (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 subdivision. Provided that 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 ayC` X. Q�C asphaltic concrete Class "B" 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 -
z
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 motion of its Council ado ted at a meeting thereof duly and regularly held
on the �,7k\ day of 19 85 has caused this
agreement to be executed by its Mayor and Recorder.
F+rt t�tz, an,.�fc/
vid�l
By:� � .
By:
T : CITY OF TIGARD, OREGON
B y
or r
Recorder
(Attach Notary Acknowledgement hereto)
CQ.-�Ju��.c���OGCI.LCth c�
Return signed copy to: A¢t uU+-L. 8s�5 s.w• e�°u �"""'c"� "w' �++►�'eR. 9su5
4 —
LETTER 01' COM, IVIENT
f
(performance Bond)
We have received from Citizens Savings & Loan Assoc. (lending institution)
a loan commitment in the amount of $ 267,000.00__ to finance the improvements
of a subdivision located in h Cit of Tigard, said subdivision being commonly
t(p�as1, ��his loan commitment is specifically fc.r con-
known as Amart Summer Lake 2 of the aforsaid total
structiun purposes JMR: (or) $ 70 441.50
commitment has been allocated for construction purposes for: (strike preceeding
inapplicable part) 1) public streets, including driveways, aprons, sidewalks,
lighting and curbs 2) sanitary and storm sewers 3) domestic water 4) under-
ground telephone and power 4) gas %XXXXXffdr4=j%kU• All such improvements are
to be completed in conformity with City approved construction plans and the sub-
division compliance agreement thereinregard.
We have agreed that disbursements of the $70,441 .wi011 be made in accord with the
following schedule upon completion of each, or all, item(s); but not including, the
hold-back described below.
ITEM AMOUNT
Site Preparation/Grading 7,500.00
Concrete Curb 2,960.00
Street (base rock, leveling rock, base A.C.) 129512.50_
Sanitary Sewer & appurtances 20,183.00__
Storm Sewer & appurtances 10,551.00
Water Line & appurtances 5,135.00 _
Gas Line & appurtances 800.00
Underground Telephone & Electrical 800.00
Concrete Sidewalk & Driveway Aprons 4,625.00_
Asphalt (street overlay) 3,575.00
Street Lighting 1,800.00
Miscellaneous (pathways, landscaping,
mailbox clusters, etc.) N.C.
We have entered into a Subdivision Compliance Agreement" whereby we have
agreed to install all improvements in accordance with the requirements of the
City of Tigard and we are hereby authorizing you to hold the above-stated funds
to pay them to us only when the following has been adhered to:
That the City of Tigard has provided certification
acknowledging completion of any or all work pursuant
to the above itemized schedule of improvements.
Pursuant to the above schedule, 20% of the commitment funds (i.e. , $14.08Q.30 )
will be held back through the normal one year guarantee period or until final
City Acceptance of the project takes place or until the City is provided with
a separate maintenance bond, effective for said one year period from the date
of Council tentative acceptance of the work, to assure continued freedom from
defects, and maintenance, during the guarantee period.
� .
J
t;Page 2
Letter of Co ll"Mitment
Concurrent with the final release of these funds, establishment proceedings will
be instituted.
It is understood and approved by all parties of concern to this letter of commitment
that the City of Tigard shall have first claim and priority to the sum of $70 44/oro
less disbursements approved by the City of Tigard, in the event of any defects
failure(s) to correct such in the construction of the required improvements.
It is further understood and agreed that the aforsaid priority of claim is
paramount to all parties including the lending institution making the loan and
that the lending institution has covenanted and agreed that the sum of $70,441.50
less disbursements approved by the City of Tigard shall be held available to
satisfy any aformentioned claim by the City notwithstanding default on loan by
borrowing party or termination of loan by lending institution.
DATE: August 28,1985 Sincerely yours,
Art Lutz, an indivi ual.
Approved and Accepted: x
a4'�.
Citizens Sa ings and Loan
(Lending In t
BY: ,� (Attach notary information and
Tit signature(s) authority)
Ki Tibbett
4ice eresid t
t4anager Con truction Loan Dept. J�„'G �-
�-t- 8$
CITY OF TIGARD, OREGON
\P COUNCIL AGENDA ITEM SUMMARY 1 /
AGENDA OF: September 16, 1985 AGENDA ITEM #: 1 ) iD
DATE SUBMITTED: September 11` 1985 PREVIOUS ACTION: None
ISSUE/AGENDA TITLE: Penn Lawn Est.
Subdivision Bond; authorize Mayor
d Recorder to execute in City's PREPARED BY: Community Development
behalf REQUESTED BY: John Hagman
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
POLICY ISSUE
INFORMATION SUMMARY
1. The proposed "Penn Lawn Estates" Subdivision is located at 115th Avenue
and Cottonwood Lane. The preliminary plat has been approved by the City.
2. The attached Subdivision Compliance Agreement and Letter of Committment
Performance Bond has been submitted by the developer, as is required by
the City, to assure completion of installation of all public facilities
within the proposed subdivision.
3. Construction plans are ready to be issued and allrequired public
improvement fees have been paid. Issuance of said plans is pending
Council action (as is suggested below).
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
Authorize the Mayor and City Recorder to execute the Subdivision Compliance
Agreement for Penn Law Estates in behalf of the City; and, also, accept the
Letter of Commitment Performance Bond therefor.
(1833P)
SUBDIVISION COMPLIANCE AGREEMENT
THIS AGREEMENT dated the ZL 7 k day of ,2n?� 19
between the CITY OF TIGARD. a municipality of Or ^ on, hereinafter termed the
"CITY". and Arthur S Associates
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
Washington County, a subdivision plat known as Penn Lawn Estates
in Section 34, Township 1 South, Range 1 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.
�� 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 $ 71,529.55 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
thereafter, the City may at its option proceed to have the work competed and
- 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 sum as the court shall adjudge reasonable as
and for the City's attorney's fees and costs, both in the Trial Court and
Appellate Court, if 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 #91, Option "B", together with a further
sum equal to the estimated cost of providing electrical energy to energize the
street lighting facilities for a period of two (2) years from the date of
initial energizing of said lights. Said amount being $ 259.20
,(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
$ 195.00
(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
$ 14,305.91 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 $ 2166. 10
Sewer Fee $ 695.04
— 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 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 icy the subdivision. Provided that 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 an asphaltic concrete Class "8" 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 motion of its Council adoptmd at a meeting thereof duly and regularly held
on the (,,7 h day of � _. 19 85 has caused this
agreement to be executed by its yor and Recorder.
ARTHUR 6 ASSOCIATE
By, &L4 -
/✓'9TAR-1/ f�l/BGIC, rt LutzY
THE CITY OF TIGARD. OREGON
B&Mayofr
BW c.bo►�J
Recorder
(Attach Notary Acknowledgement hereto)
Return signed copy to: N"'A"AY'
��,1 S S,vim. `�e�.�t cr�� —�\�\\�_c��\e \�v:•_+�,
(0070S)
J
- 4 —
LETTER OF COMMITMF.NT
(Performance Bond)
We have received from Washington Federal Savings b Loan Ato financenthegiinstitution)
mprovements
a loan commitment in the amount of $ 1 Z 9 S5
of a subdivision located in the City Tof iga is loan commitment said
i subdislsia
specifically n being orncon-
known as Penn Lawn Estates 71 ,529.55 of the aforsaid total
structiun purposes for: or $
commitment has been allocated for construction purposes for: (strike preceeding
inapplicable part) 1) public streets, including driveways, aprons, sidewalks,
Lighting and curbs 2) sanitary and storm sewers 3) domestic
uch ateovementsndec
ground telephone,axd power and street lighting.
to be completed in conformity with City approved construction plans and the sub-
division compliance agreement thereinregard.
We have agreed that disbursements of the $ 7J will be made in accord with the
following schedule upon completion of each, or all, item(s); but not including the
hold-back described below.
AMOUNT
ITEM
40,699.85
Streets 17,376-00
Sanitary Sewer b appurtances 4,114.20
Storm Sewer b appurtances 4,398.50
Water Line b appurtances
Underground Telephone & Electrical & Lighting
4,941.0
ll�ltt;'�C} iddf�C}i��O
CX>�fft7�iEt
We have entered into a Subdivision Compliance Agreement" whereby we have
agreed to install all " rovements in accordance with the requirements of the
City of Tigard and we are hereby authorizing you to hold the above-stated funds
to pay them to us only when the following has been adhered to:
That the City of Tigard has provided certification T'
acknowledging completion of any or all work pursuant
le of improvements.
to the above itemized schedu
Pursuant to the above schedule, 20% of the commitment funds (i.e. , $14,305.91 )
will be hold back through the normal one year guarantee period or until final
City Acceptance of the project takes place or until the City is provided with
a separate maintenance bond, effective for said one year period from the date '
of Council tentative,acceptance of the work, to assure continued freedom from
defects. and maintenance. during the guarantee period.
17 J
Page 2
Letter of Commitment
Concurrent with the final release of these funds, establishment proceedings will
be instituted.
It is understood and approved by all parties of concern to this letter of commitment
that the City of Tigard shall have first claim and priority to the sum of $71 529.55,
less disbursements approved by the City of Tigard, in the event of any defects or
failure(s) to correct such in the construction of the required improvements.
It is further understood and agreed that the aforsaid priority of claim is
paramount to all parties including the lending institution making the loan and
that the lending institution has covenanted and agreed that the sum of $71 ,529.55
less disbursements approved by the City of Tigard shall be held available to
satisfy any aformentioned claim by the City notwithstanding default on loan by
borrowing party or termination of loan by lending institution.
DATE: Asir-oar 2 0 . 1 eip s— Sincerely yours,
Arthur & 44sociates
by: .
Approved and Accepted:
(Lendiri Institution
BY `
(Attach notary information and
•
itle
signature(s) authority)
/�-E^civ ETiy s¢• �VEGS •��
S
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY I
AGENDA OF: September 16, 1985 AGENDA ITEM N: ) 11
DATE SUBMITTED: September 11, 1985 PREVIOUS ACTION: None
ISSUE/AGENDA TITLE: BBI Investments
Sanitary Sewer Easement Conveyance — PREPARE'J BY: John Hagman
72nd Avenue Extension REQUESTED BY: Community Development
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
POLICY ISSUE
INFORMATION SUMMARY
1. This easement conveyance is for the purpose of installation of a public
8" main line sanitary sewer extension at 72nd Avenue at the R/R spur
tract crossing (opposite Pre—Delivery's tract).
t
2. Construction plans for the work are approvable and all required fees have
been paid. Work will be performed by the developer, namely — "Beaver
Bolt, Inc."
3. This easement is necessary to facilitate connection of other parcels to a
public line and to facilitate ongoing maintenance thereof.
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
Accept the easement provided by BBI Investments and authorize the City
Recorder to execute the easement on behalf of the City; and direct the City
Recorder to record same for public informatinal purposes.
(1833P)
C>
INDIVIDUAL-GENERAL PARTNERSHIP
•�• PERMANENT SANITARY SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS THAT BBI INVESTMENTS e
hereinafter called the Grantors, in consideration_�for t e)sufsom the City of
none dollars (
Tigard. hereinafter ca led Grantee, grant and conveyuntoethheiCity�o Tiga d a
perpetual easement for constructing, reconstructing, operating,
inspecting and repairing of an underground sewer line and appurtenances,
together with the right to remove, as necessary. ve;etation, foliage, trees
and otherobstructions on the following described parcel of land, situated in
the City of Tigard, Washington County, State`` Of Oregon: `
IT T!� EXPRESSLY UNDERSTOOD that this easement does not convey any right.
title or interest except those expressly stated in this easement, nor
otherwiRe prevent Grantors from the full use and dominion thereover; provided,
however, that such use shall not interfere with the uses and purposes of the
intent of the easement.
IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its
successors or assigns should cause said easement to be vacated, the rights of
the Grantee in the above-described easement will be forfeited and shall
immediately revert to the Grantors, their successors and assigns in the case
of such event.
TO HAVE AND TO HOLD the above-described and granted premises unto said
Grantee, its successors and assigns forever.
IN WITNESS WHEREOF, the grantor(s) has (have) hereunto set 19s g(her)
(their) hand(s) and seal(s) this 6th day of AUGUST
(SEAL) (SEAL)
e r (SEAL) (SEAL)
i
Jim Colbert
STATE OF OREGON )
Clackamas ) 58.
County of WaVftLA94.9mt )
BE IT REMEMBERED, that on this 6th day of AUGUST
19 85
before me, the undersigned Notary Public in and for the State of Oregon,
personally appeared the within-named Jane Grecco and Jim Colbert
who is (are known to me to be the identical individuals described in and
who executed the within instrument and acknowledged to me that he (she) (they)
executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have
hereunto set my hand and seal this 6th day
of August
�" �iYCnsv�►�C i
Notary Public for Oregon
(NOTARIAL SEAL) My Commission Expires: 5/29/88
Approved as to form this day of , 19
By:
City Attorney - City of Tigard
//� lg�'S
Approved as to legal description this �day of � U2�
ci y City of Tigard
$jitXJc Dy^
(� Approved this 1&7 day of ' 19C" OF TIGARD, OREGON
CITY CO NCIL.
By
ity Recorder City of Tigard
�. L L N C. 1
CONtUITtNG ENGINEERS , PLANNERS
f Duane Lee PIE.
David A. Leo P E.
,am., G Smith P.E.
II ��
August 9 . 1985 T A
Project No. 708.20
UTILITIES EASEMENT DESCRIPTION
A parcel of land in the East 1/2 of Section 12, T2S , R1W, W.M. , the
City of Tigard , Washington County , Oregon, more particularly des-
cribed as follows:
Being that portion of the tract of land described as Parcel No. 2
Records which
in Fee No. 79-028306 of Washington County, Oregon ,
falls between a line 30 feet westerly at right angles and parallel
to a lla
at right angles and
center
id center line , said centersliney
parallel
described as follows :
Beginning at a point that is N $9038124" E,
20.00 feet from the
recognized East 1/16th corner on the South line of said Section
12 (the southwest corner of the east 1/2 of the southeast 1/4
of said Section 12) noted as Point No. 289 on County Survey
19,127 ; thence along said center line N 0021' 36" W , 2646.33
feet to a point that is N 89040144" E, 20.00 feet from an iron
pipe with a brass cap inside at the recognized 1/16th corner (the
northwest corner of the east 1/2 of the southeast 1/4 of said
Section 12) noted as Point "P" on County Survey No. 13 ,247 ;
; thence
continuing along said center line N 0016 °56" W,
to
a point at the end of said center line , that is N 8904310401 E,
20.00 feet from a stone at the recognized 1/16th corner (the
northwest corner of the east 1/2 of the northeast /4 of
3,2470
Section 12) noted as Point "B" on County Survey N
o.a
708 MAIN ST SUITE 202. OREGON CITY OREvON, 97045. PH 503-655-1342
N 89"43'04" E 20.00
Stone at recognized 1/16th �O-�
Corner. (Point "B" on
C.S. 13,247.)
Cq
Ln
12 101
N
I r N
Tax Lot No. 1800 \ ' 1;o SCALE: 1" 50'
Tax Map No. 2S-1-12AC ( DATE : 8/9/85
Deed Reference:
Fee No. 79-028306 o
� z
I 0 Brass cap in iron pipe at
1 recognized 1/16th Corner.
Existing 5' utilities I � ' (Point "P" on C.S. 13,247.)
easement fee no. 83-027519
t
5 ' UTILITIES Center Line Angle Point
i
EASEMENT —
I ZOO , N 89'40'44" E 20.00
5' L
M �
3d v
t7
J 4J
M U
I tD cn
Cr C
Face of existing curb
I Q c'' N
?C\j\- 3
I
I � M
I
v:
I
Recognized East 1/16th +
Corner on south line of
Section 12 (Point No. 289
on C.S. 19,127.) !
i
PREPAUD BY'
LEE EN60,JEERIN6, ,INC,
N 89'38'24" E 20.00 ORF-60W CITY, M
v -
CITY TY O1 11 GARD _OREGON
' COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 16, 1985 AGENDA I"TEM
DATE SUBMITTED: September 16, 1985 PREVIOUS A4:1-ION: None
ISSUE/AGENDA TITLE: Training Request
PREPARED BY e Random Clarno
REQUESTED BY: Rangy Clarno
DEPARTMENT HEAD OK: CITY ADMINISTRATOR*
POLICY ISSUE
INFORMATION SUMMARY
The western Federation of Professional Land Surveyors is an organization
comprised of over 13 western states and meets once every two years. The
l organization is over 10 years old and has never met in Portland before. The
next anticipated Portland meeting is in 1995. This Conference will include
over 15 individual sessions and/or workshops presented by nationally
recognized prefessionals. At least six of these sessions are directly related
to current and future City Engineering/Surveying activities. These sessions
are identified on the attached Conference Program. These City Engineering and
Surveying activities include:
1. Future update of City photogrammetric topography and aerial maps. Over
65% of these maps are outdated. (SESSION 1)
2. Legal description preparation and professional advice to City Attorney on
disputed boundaries, primarily public rights-of-ways. (SESSION 2 & 3)
3. City's current survey/mapping field network, and how it may be affected
by the County's Satellite surveying network. (SESSION 4 & 5)
4. The City's recent commitment to begin fulltime surveying activities again
by adding people to Engineering and expanding some functions. (SEVERAL
SESSIONS) .
Other values to the City include the mixing with other government/private
surveying and engineering professionals which in the past has always prove; to
be more valuable than the investment in attending these types of conferences.
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
That Council approve this training request.
(RSC:br/1843P)
CITY OF Ttt;A RD
r
r!;rArION/TRA!t.lt, r57
tutit; is [�. b+. usc+l lu+ net+ rPu+ ti , rmrnatti , : :+ p i.lr.:.e• an.. .�th+:r
turms of etttier training of education. Uucum,!ntatIun r:. requirt,d I Cully is
to be attached to 0115 form. Attachments tot mailine, may also be attached A
follow up report is required. A copy will be placed in your personnel file.
DATE OF REQUEST: .>r•c1t_,)mr.•. u, i`J8Requested by tanci; +'i.r: + +•
Vendor No.
PAYABLE TO: WFPL.S +'curt•.r• r+.: Ix Y, J Employee request attend
P.O. tic:x 2722 j J Employer required attend
Santa Roba, CA 95495 For check run of
I J Mail check
[xxJ Notify dept. when ready
Vendor No. : Vendor No. :
PAYABLE TO PAYABLE TO:
+ssassasasssssssass�ss:asssscssa aacassvas sasccccsssassaacna�asascsasscscacsecaeaccacsccn
Title of Program: WFPLS Conference
Institution or organization Western Federation or Professional Land Surveyors
Registration Deadline 9/15/85 Training Dates From: To: 9/26/85
Describe the purpose:
This conference primarily deals with improving procedures and practices of
surveying and mapping information. Many states are involved and the exchange
of valuable information should be significant.
Is this related to [ j current position ( ] reasonable promotion or transfer?
Explain:
TRAINING COSTS: txxj to be advanced [ j to be reimbursed after attendance
Account No. Amount
Registration or tuition... . ............. .... ... 1U-224L)U-M 109.25
Books..... ................................... . ..
Travel (mileage. bus. train, airplane, etc.)....
Lodging.........................................
Per Diem... .....................................
Other:
Total $ 109.25
G CC�GC>=se�c�saccaCO��cac���ca;=�o�Co�cmv�o�acoocC�Gccca Fav�cC�Ce��c�c3CaCCCO�oo� �
Authorizations: I(employee), understand and agree that if all conditions of
education/training policies are not met. I may be required to reimburse the
City for any expenditure ade n qff be f.
Employee Signature: Date
Appropriation balance: 1,850.041anager ( roved [ j disapproved
Dept. Head l ( approved [ j disapproved (explain) :
L
k-, LVLJcJ
6
Fr ante Director:
et,_„
1985 WESTERN FEDERATION
y OF PROFESSIONAL LAND SURVEYORS
SEPTEMBER 23-26, 1985
Red lion Lloyd Center, Portland, Oregon
R GISTRATION FORM
I I I
YOUR NAME
Mer FfW
SPOUSE'S NAME -T I I 1j]
(If Attending)
PREFERRED NAME ON BADGE Self Bandy Clarng Spouse
ADDRESS E-0-_,yoY 23397 Tigard Gretton 97223
Sit r ' «ry gam zr
Employment: CI Private Practice *State Association Member? 071 Yes 0 No
o.Employw ❑ At"ka(ASPLS) O Nm Medoc(NMtASMt)
-.a Employee ❑ Arizona(APLS) 0"59"VILSO)
❑ Caefornla(CLSA) o Uta+(I)CLS).
O .Agency ❑ Col"adopi sC) o Wadangton(LSAW)
` o'County o Federal ❑ ldaho PALS) o Wrif+O(%VACESj
City O :Oew ❑ Montana(MARLS) O Cal Coundt(CCI.E&Ls)
State Oregon b Nevada(NALS) DayPho
fe
PRICE PER ERS XE PER NO AMOUNT
^; ITEM :', PERSON NO AMOUNT itEM
REQt TRATION ;'"` ` TUESDAY ALTERNATE PROOF M
_State AssociationOregon Wino Tastbv Tom 818.00 _
ProRe4(prlor.10 sEit6j{ 511tf.00 1 115.00 TUESDAY—ExhV~s Codd4pwty
lxto Reg:(aft+ir tfdlb� := 6130.00 Admhsion by Reglobvilon Badge . N.C.
NON-MEMBER.._, 51�00, WEDNESDAY—Joint Lun tmm
STUpEN4(1IvAtN�;`t,,;'. is ltr.00 Sr"at of Ctkicee 511.00
EXHIBITS QPlLXx. c WEDNESDAY_Setmon ar+d albs.
l -PK:Qty1 ri f t' }• _, 3. 5'23.00 _ Ba�B'Q.Denw 530.00
SOCIAL
n�u w.uw Y
MtCflday Va7w Touegau�s•`vt :J.- r-., �.2&� -
MONDAY=KidcoffJofnt-Lunctwoa -THURSDAY—Aftemate Program
Lath»d.MMeni(Roast Skiotn au.juo Tour MR.&L Helms(Caere TMa.m. 821.00
IYI�NO/41GAFTERNQON.-Tour �` 3;' L THURSDAY LUNCH r•;PW.w+d
c �.nf►s�,�..,•c:gtar �'�? cS` g .> • � G8A1AI A '(8e!'1;�tp�tldatf)
T
r 1. ,�.. �•yt '. y}4 ' ' t� t �4 tfl'y7'j J
bTi?TAL •t F` ' .•;� 5 11' :00
CHARQE�lO•Mas4taGOa� ; t tf18J►`-t2 ' ' 't'i;`_' s
CARD
�i �•�`* F +'�.c,�
t ` dUiHOR121wQ '1?onstIon to x4100 ! R
T, r� Bt{IdeMe to the Contel3noe( r
ACTMTI i9 lQ t{il NOt BE Q()MANTEEO FOR THOSE a Y��=
wHo;flEQ1�R , ti• :n:1'OTA4 '),
Y .a.; r- ' y:
Tf ER 1A7Lt: E NIS DS. N1E88 ► cE(�ATION `tAakii`cjl.ok FiYsbls bit`;;W.F.P Comm,
tFcu,Ests ARE _M 11 PRla�as�PT+ Mtaft to WFPL$Cotitinnoe f .,
J HOTEL AT 1KattC6( pY a= r` _ r'
,�;e ti P.O;Sox �CA.9b4>i$
};' O Red Lion LoK4;$
q ,. -+ -�• _ •Talo. 8 ��•
•:�z .
7.
CONFERENCE PROGRAM
SUNDAY, SEPTEMBER 22, 1985
'k Check in and meet your friends.
cp
MONDAY, SEPTEMBER 23
A.M.— PAC (ACSM/NSPS) Breakfast
— Registration
— Welcome, Introductions and Keynote Speaker, Mick Delaney,
"The Miracle of America: A Change —A Challenge —A Choice"
— Golf Tournament
P.M.— History of Rectangular Land System, Clifford "Skip" Robinson, BLM,
Chief of Cadastral-Branch, Sacramento, California•
— Photogrammetric Contracting and Applications to Surveying, Herb Stoughton, Ph.D.,
Geodetic Engineer, Cheyenne, Wyoming•
-- Survey Standards and Implications, Daniel Zander, Attorney and Land Surveyor,
Bellingham, Washlnston•
'Professional Image of'4and:Surveyors;.Donald-Bender, Presldent•Elect.ACSM,
LS and Attorney,Sherman-Oaks,:California•
Surveying Considerations for..the U.S. Navy.,Home Poring Site. Everett, Wash.. .
Leroy F. Middleton, LS,'Reld;"Middleton&Assoc., Edmonds, Washington
Ky
TBESDAY,.SEPTEMBER 24*.' x+ f •` x ,
xHistory'of aectangular Rend.System,;'"Skip" Robinson*
° i:, ►-No Fault Negotiatiorns, Len Lerit7,Author and ConsuRant, Vancouver, Washington'
Photogrammetri1 Contracting and`Applications to:Surveying, Herb Stoughton, Ph.
--Survey Standards i�nd Implications,'-Daniel Zander, LS `Esq.' _
' -- Professional Image of Land Surveyors, Donald Bender,LS*
•fir -: .- � . �' >:
? Z —
innick,Boundaries and Possession, Roy MLS, California Lands Division,: Sacramento, .California•
Write What l ou N�esn,e R tph Brown`•, lntemailonal Rlght-of Ways Assoclation"
:.: � d 'C�,ia.-.µt'e'a • '04r ��p 4r '�� T ��;,r ..{'.. •:.' ._ :.. .. :.. -
Astr iortt� > afculat Davld-Khn vles,.PE, LS,
4 'tlnWeiIty' c>✓'btA. lc�reTdFJgiln, P� LS; Elgin Surveying and
Sxt E J �
Eng nee(tr1
•(SateiOte»$11aior: lenri AI-.'Smith, Phw, DefenselNapping Agency
Caiifomioard`aft -ll
s4fbn Technical., dsgr�dmmittee,�lpdate.:(Paneldiscussion)
, d r?avna O•t t,;PE� Y' D�rceyL$;lin & le
#-M@fnber, Jane®8 O
ardson HII
L .
> r State f9 o:'Coor ' hop, Field'APP iiaations,'Transverse Mercator,
N` F Herbert
to h.D.
+'lndiaates'repeated,0ess/on '`'»
WEDNESDAY, SEPTEMBER 25
—• Boundaries and Possession, Roy Minnick, LS*
-- No Fault Negotiations, Len Leritz•
State Plane Coordinate Workshop, Field Applications, Lambert Grid,
Herb Stoughton, Ph.D.
Write What You Mean, Ralph-Brown`
— Calibration Base Lines and How to Use Them, RADM John D. Bossier, Ph.D., LS,
Director of Charting and Geodetic Services, NOAH, President ACSM•
— Positional Tolerance. Dr. David Knowles, PE, LS, (Sponsored by Bureau of Surveys and
Maps, Washington State Department of Natural Resources)•
-- Effective Communications, Lynn Jacobson'
— G.P.S.', Col. Glenn Smith, Ph.D.*
Y -"THURSDAY -26-
SEPYEMBi�R4 _ �J •" ''_
•[ < :+y,r~.'"!r, Eyre, +•� Jre� ..+S.l, ;s„ .f ti :' T. `�t't '`{l y.�`.t..�� s r. '`Z4.i' �;v�'��ra r
ow
Coal
� f t�'�![� �� 1 - 97�Y4� t �✓r� 14�..,e�.�. tr y]� t y...
y�Dolnt
-{ {S 1�Z' 1:' w •./. . ,r`Y 1 Z!. sy - ��s � y'N.-�n+'�Jc,,T3r3`. L� rf• LI. Y. r
ANNUAL:l�EET1NGS for PLSO snd LSAW ARE LED FOR,THURSDAY AFYERN®ON
•Indicates repeated session
,, - fin• - ^ +, r,�„�'. "�r .
7
y. �.: jr � •w}!!�� ti r r
�r+rJr �1� x�; -+��•��rl'rti� e. i'+,h• -C •ib � +-v -•1-• ,
iT t`' �:�rMnf ra « are+ ..ws.• .)ate aF, .f'711 s
t'• r < G.!'k 1 +1:. ..•?kms (' }��'3`
e �` FCS': , ,t H_t •/t '��.rt+.! A,�+,+t.♦ - �•e• a 1".:
t11� l�Krr�'rl~Sl.�S�s°
'}a�Jf .. +' ,� J ��fi �'.-.V Vii' ``"` �, Irl. :1:.• ♦ f
- •�. n . .t.�. � � 011sl�r:te C' �•1
Saturday, December 7
8:00 a.m.-6:00 p.m. Registration
Pre-conference Seminars
9:00 a.m. 5:00 p.m. Policy Leaders
Economic Development
_\ Telecommunications
1:30 p.m.-4:30 p.m. Women in Municipal
Government
H:spanic Elected Local
r Officials
(These pre-conference seminars require a
'' "'i- ;ti w; '" •, ai"`'+:,�5 y.�`'` .,.• q�x: separate registration fee)
Sunday, December 8
8:00 a.m.-6:00 p.m. Registration
9:00 a.m.-4:00 p.m. Exposition Open
9:00 a.m.-4:30 p.m. Policy Committee
Seminars and Business
Sessions
10:00 a.m.-12:00 noon Special Workshops
x. Comparable Worth
Debtbusters
New Elected Officials
Workshops
Hazardous Materials
Transportation 1
2:00 p.m.-4:00 p.m. Special Workshops
Cities&the 1990
Census
Debtbusters
Job Training
Partnership Act
Fair Labor Standards
FIL
unning your city: No one ever promised it would Act
be easy. Then again, no one ever said it would Hazardous Materials
Transportation II
be so challenging. 6:30 p.m.-8:00 p.m. Welcoming Reception
Meet the challenges well, and your community Monday, December 9
and the nation will emerge stronger for it. 8:00 a.m.-5:00 p.m. Registration
To understand today's challenges and to get 9:00 a.m.-10:15 a.m. Opening General Session
10:30 a.m.-12:15 p.m. Concurrent Plenary
ready to take them on, you need information and Sessions
inspiration. You'll et both at the 1985 Congress of 11:00 a.m.-5:00 p.m. Exposition Open
p 9 9 12:30 p.m.-1:45 p.m. Lunch in the Exhibit Hall
Cities. You'll learn how to find new resources and 1:00 p.m.-4:00 p.m. Resolutions Committee
2:00 p.m.-3:45 p.m. Workshops
forge new partnerships, how -to become a better 4:00 p.m.-5:00 p.m. Nominating Committee
leader and take on bigger jobs, and how to enrich 4:00 p.m.-5:00 p.m. Roundtable Discussions
lives by enhancing the livability of your city. Tuesday, December 10
Be there. 8:00 a.m.-5:00 p.m. Registration
9:00 a.m.-10:30 a.m. Workshops
9:00 a.m.-12:00 noon Exposition Open
Dear Colleagues: planning special events that 10:45 a.m.-12:15 p.m. Workshops
On behalf of the cit• of showcase the best Seattle has 12:30 p.m.-2:00 p.m. Delegates'Luncheons
Seattle. I encourage you to to offer, for I know you will 2:00 p.m.-4:00 p.m. City Innovations Idea Mart
attend the 62nd annual Con- enjoy exploring our city. Roundtable Discussions
grecs of Cities and Exposi- Please register soon and join Special Workshops
tion. The National League of us for a memorable Congress Hazardous Wastes
Cities has created an exciting of Cities. 2:00 p.m.-5:00 p.m. International Policy
Foram
program to help us all ad-
dress the challenges facing Sincerely. Wednesday, December 11
American cities. 8:30 a.m.-12:00 noon Registration
Seattle looks forward to Charles Royer g;00 a.m.-10:30 a.m. General Session
welcoming you. 1\'e are husy 1l<u/ur 10:30 a.m.-a£temoon Annual Business Meeting
7:00 p.m. Annual Banquet
iI i t'.o _; t ., I`,+lies, i rack-, �emin:u: '';�.i� `y�/��,•
,In tilli.: a .In, ..: h.ttc.tire I;I-til)lr,-'rr-I'tYtplu%•cc Relations: i
Rl, and r.t,ni d�'•tt';li+r,t:1 !i.a':, 'I hlChalltngv of Political Leadership I
11lt ,, 7T- r 2A+J1 let. LINI 1
. . � Dem un.irat ions
ItUt i! and .t}Illi, ,�!iCtt.If` .-t, :I •j ,r � � !`•t: . (i•
Unlit',- I Ind .int t. �.. I h,I .II1' t .e. , . . • 'rt - ... +. '. � , ••, . .... -- ,
1 ut a int;
ndn1� and unlh I ;I, { u ! .In1' oI I�' . At
it. and .11-.1,1 r,?I.rt r . ,I .. 'A,I1 .1 LI �I t t 1
t'.1 ,n nitiiililrl:, r�la�i u,, ..n,. , ,i. � 1. . �• , ,. ,i, .. I t: I ,tIJ � ,� 1,
c � n
Ir sleet• t .t I.i\i
V lilt' ilh' II Si.dtlt Pinlld h LOGIN
idrnt. III 's period „II n le 1,11 t .Itr ' i ' In. 11 ,
I
and model:it , tt 1 1, Ir 1 L' hal itli;:of tri, I i r r!' 1
Cent and in tilt talc ;-y ,:t•, t .i n.n:• L' i Ills 1. t
r:
In N. u,.!.:1,11 , r
Iax If?iintlt'c1 that {,n an+Ili 1!Ir 1 •1n1,lr�� t I:n• Elan! � III i-.. Iu,' 'I,•�.
rrh;Ihlhtatlon sit n,ultit:nn;i ren! t,, u,;, "" 'I I "' tij In t+r r' .i It,nl,ui sit rn-hlenl`
•.h.:.. - I,: ie.. r•ru Jliting thi tcgl ii t.it l:nl i,„ui?. 11t'ii
�7-, ,111 1 h:okc,t =-„ th1, >enlinat.
L+, ,hole v( It the ,Pril:ll NI.( >cYvlie, Ilial :uc
�,. IvaIIahli ofItil,etIts l trauuni ,1111 hr avar'
Leveraging Available Resources for Local 'ibis' iter L 1t,1\ u>rrs who want to learn hole
usi !I),: sen'Icr tI, It; tullest. .`t I(A,IN user
Development ,
• • • • • • meeting I< also -Scheduled Lit rnlg the CongIc
1OJO (1.171. , 1).In l illi;
t Itl i1twill It ,Ircelk-If1411 t Po-granl1 at Police Consultation Room
• • • • • • hrtiinthng irr;lt IIIc rvnit'Ing relaUnn,hlp- hi
hirer, 1Ldt •i nd 1.it gnie1'nnlenl., IIIc grot."ll I,t it ru nerd sprcwIized assistance un I,t,hi
Puhlit erld Private I':utnet ships, and thi use of ill nhleill; that may he IruuhlIIw Four .: )fit nIunit,
• • • ,tluvetiiti and 1•,;nnrtnrity resources \LC ; i'Iditr Consult:lll,In Sell lie Can help h
I sk, an ul depth look at these nest relation nleetur; loons has been >el ,Side for corthdentI I
,IIIll, he!wt to ,tatC at'ld Is gni't'111 n1ell t,. iu111 ndwi,!iial diSitl,SIon, With lull (rnCkett_ dilk:0 .t
• • • nuuuClrs anJ their universities. and the puhht ,t tilt' P Bite Coniult:dinrl Nen lie Jit Cr. kttI
and prorate °xctoii Learn hn1%, G, ievera-oe the;. will he :icailahl, even' da, thloojghout tilt
re,ourcil it. tnrhCr tilt• et o11MMC devel"I'mela ofltvi,lice
;;odd "I I-;Lot tlh � x'Paratt' leglslr:It 1,4' tc,
$751!111 b, thatged 4r the ,enlinar
n
City Innovations Idea ;dart
ay �r l Moving Forward in the Information :UO p.sit.-1,:(IU p.m.
�y Age: Cities as Telecommunication
3
1 Regulators. Users, and Brokers I,iiinung nnanC,d n';nurie ;111 Ll rl.ri„n:nit
x Jenl:uld: tlotnuuuilPal Srlliica fo
bait r td ;ig
�I:fK211.711. :;:00 1.772. P rams :1t the li' In
J ic:ult :h.ni Sts on lucai to is
Ai , \e1i teihnolt,gv nit, ionnP.uue<.:u17 SII 'Irl• nov.ltI. II, Idea dart--IIit Ali\%.L: of nmovitn',
and new ideril i"Ldatutn= are 1haPlni t--dit s nulnlc,P,l Ptogr:unl ruu C,i! Tec hrnti Iota! go,
high tri h. Inn olnatit,Ii age .Ind creating a Idh' elrmlent; it :iJoPtifig nest al,l,m'iihrs tt, !offal
�: • • changing in
r,nonn li
lent Ill cities :it, beton` seri•i,e deliver and implementing creative or fit
Ing telieonun;nliiahtlnl nrulahrrs hn,kir; Jird lovat)ti Arategies in volve Press!tlg tit) Problems
t-U t.•I-S.
• e •
At thrs .one J,}' ltionlal \oit'll rx:unule kr., 1985 Exposition
luial govt r111r1ent telicontrmmications issues. hear Tills Feat s Congress t,i Cilie.; and I':xposition
the latest on Fu St Amendment ptoieedins,,s that IS expected it) he one 111 lift' largest evei. %%-fill tilt
threaten municipal cahle rcgLIlat0ry authr,ritV. and exhibits on display Sunday throul;h Tuesday :Ii an
discuss innocahvc' studies sit inial government re integral part of the conference. ?torr than 1511 ex-
sponsei let the Cable Conununic:dioni Polley act hihitotl sponsoring over 3511 hooths. are expected
and relevant FCC proceeding:;. You Will alio learn to display Products and services for the mainte
hrne to hal"IMO Private sector tcicimm�uuuc:itilul> nance and management of municipal government
planning experiences to local government and ex Ind nulnicipai iWrViel'S. I•:vhihits Will include :oI
asinine hasli cable :Idnlinistralivc prohicnls In the Port nlanagenlent services, hospital nlanagenlent
areas of fnunchise renegotiation. franchise oomph ,\'stems. fire eyulPnncnt. ConlPuttn' h:u'dtiarc Ser',
ante. and consuinet Prolrition. A srp:uatc regi,. Ice and sufht-ire, and waste mana4ciiwnt equip
trati-m ice of 5t':, will he chatgcd torr this seminar silent. Ilon•t n1is, them.
Every dticitatc.guest.s saki.rci'l-void It. Nu+l Member Clh +allkiai,vi",are rout nl t} (In:rt 3..onin",-+!=,n Ha.eevalrm
I ivv Irl the nledla and any other(ongrvss par nwoit,rs u:NL(or their sate auuticif it Fun,
fieipant MUST kLGISTER leilh this(-,in) Ieaflue.
C. ;+direct MemMl Citi.,iliclali front cit flit. fiotel Accommodations
Complete this form in full and return it along Its that par dues ooh to their state municipal The NLC Cooferenee Registration Center
with your check for full Payment of all apprrr- leagues. w1R make hotel reservations ONLY for regis-
priate conference registration fees.pavable to 1). Research Associate Member---organiaa tered attendees.
National League of Cities,to: tions(KILMA tial pat dues directly to NLC.
KTiere to Register.
NLC Conference Registration Center 11. Travel Assistance
P.O.Rix 1741:1 Special reduced air fares art available Send the Conference R 9+ostration Form tin
Duties International Airport through the NLC 0mference Travel Cotter chuding the hotel resenat .;ectinnl and
Washington.D.C.21041 for individuals attending the Congress of Cit vo ur payment lo:
its.Phone toll free 1819))3611-3239 to make NLC Conferencr Registration Center
It. NO Registration will be accepted by your travel reservation or check Item#2 on P.O.Box 17413
telephone. this lorm and a representative of the NLC )Miles International Airport
Corn(creocc Travel Center will contact you. Washington.DC,20141
Ili. Conference Registration Deadlines Airline reservations can he paid by separate
September 6,1985:Final postmark dead- check or any major credit card if you com- For Information call(202)626.3200
line for Early Registration. plete file"Credit Card Authorization-section
November 8.1985:Final postmark deadline
for Advance Registration.
After November 8. 1985:On-Site Registra-
lion oniy —`
Direct Non- tion-City
IV. Conference Registration Cancellation Registration fees for the Member members Personnel
Policies 1985 Congress of Cities Cities and Indirect (private
A. NO telephone cancellations of confer- and Exposition are: and RAM's Members sector)
ence registrations will be accepted.
B. Your letter of cancellation MUST be Early Registration 5220 $260 $280
postmarked no later than November 22.1985 1postmarked by September 6,1985 to qualify)
to qualify for a refund of the registration fees.
C.ALL cancellations are subject to a$25 Advance Registration $245 $290 $310
cancellation fee. )postmarked by September 7-November 8.1985)
D. NO partial refunds will be made if you
decide not to attend particular functions. On-Site Registration $270 $320 $340
V. Conference Registration Fee Explanation
A. Direct Member—Cih ^`ricials from cit-
(.%,,mall ritvstalmm will be accepted after honrmher 8, 1985..4fter this date you must
that pay dues directly it NIX as well as to register an-site.I
r state municipal leagues
Retain this.portion for reference
e • Ere o • •
gess Tour to Hawaii
No ItEdhl'R.\'fIo.NS tY11.1.[Jr.1'NOCl-SSI:D Ln Ilii it I L(COeII'L�1 INI.I'LL\11i f i i :ss Escape to Honolulu. Ha,.%-
by the NLC Conference Tra1
Please type or print part Seattle Thursday, Decen
lu and return Sunday. Decen
Name _ — Sex M F mainland. Prices for three
:the oceanfront Sheraton
Title Beach start at$187.00 per p
ile occupancy.Air fare is add
,)368-3239 or(703)471-046
City or organization — and specific air fare quotes.
Mailing Address Orient Study Tour
study tour to Tokyo and Ho
Stale___ zip er the 1985 Congress of Citi,
City vLC Conference Travel Cente
ovember 30-December 2 in 7
Telephone 1 1 to.Japan
Family Members Attending INo registration fee required): ecember 2-6 in Hong Kong z
-lenzhen
ecember 1:3-15 in Tokyo.Jap
ie Full Name —. Ses M F ecember 15-19 in Hong Kon
3d Shenzhen
Child Age —_Chive Age — :of only$475.00 per person
xcupancy) includes hotel ac
t.{''This is my lir,(Congress of Cities.
me meals.transfers. special
td tours.Air fare is extra. C.
2. i.) I laould like travel assistance from the NLC'.Conferellev Tavel Centel• (703)471-0460 for_complet.
I
CITY OF TIGARD, OREGON
MEMORANDUM
TO: Mayor Cook September 16, 1985
FROM: Ima Scott, Councilor
SUBJECT: Response to Inquiry
1. Council relations with each other
2. Executive Session
3. Elections
C
4. Council/City Administrator/Staff relationship
5. New Auditors
s` 6. Credibility
.t
7. Council Packet throughly read before meeting.
8. Consent Agenda
a. Minutes of previous meeting
b. Personnel report
C. Accounts payable statement monthly
d. Financial Statement monthly
9. Information
10. Dining out with Council members
v..
3