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City Council Packet - 09/23/1985 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate SEPTEMBER 23, 1985, 7:00 PM sign-up sheet(s). If no sheet is available, FOWLER JUNIOR HIGH ask to be recognized by the Chair at the start 1.0865 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. AUTOMOBILE CLUB OF OREGON - Pedestrian Safety Citation o Doug Peeples 4. ORDINANCE NO. 85- INSERT TITLE - Adopting findings of ZOA 4-85 hearing (Community Development Code Revisions) o Community Development Director 5. CODES ENFORCEMENT DISCUSSION o Community Development Director 6. PUBLIC HEARING - TEMPORARY USE TU 5a-•85 LARRY SCOVILLE NPO #3 Request to operate a used car business for a period of one year. The applicant will desplay approximately 4 to 8 vehicles (all 1980 and newer) on the site. Location: 12885 SW Pacific Hwy. (WCTM 2S1 2BC, Lot 2101). o Public Hearing Opened & Continued at 9/4/85 Meeting o Summary by Community Development Staff o Public Testimony : Proponents, Opponents, Cross Examination o Recommendation by Community Development Staff o Public Hearing Closed o Consideration by Council 7. PUBLIC HEARING - TIGARD STREET, STREET VACATION Request to vacate a 10 foot strip of right-of-way on SW Tigard Street near SW Grant. o Public Hearing Opened o Summation by Deputy Recorder o Public Testimony : Proponents, Opponents, Cross Examination o Recommendation by Deputy Recorder o Public Hearing Closed o Consideration By Council 8. PUBLIC HEARING - WALNUT PLACE (AT 99W) STREET VACATION Request to vacate a portion of right-of-way on SW Walnut Place at the intersection of Pacific Highway. o Public Hearing Opened o Summation by Deputy Recorder o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation by Deputy Recorder o Public Hearing Closed o Consideration By Council COUNCIL AGENDA - SEPTEMBER 23, 1985 - PAGE 1 9. PUBLIC HEARING - 74TH AVENUE (NEAR CHERRY) STREET VACATION Request to vacate a portion of right-of-way on SW 74th Avenue near Cherry Street. o Public Hearing Opened o Summation by Deputy Recorder o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation by Deputy Recorder o Public Hearing Closed o Consideration By Council 10. PUBLIC HEARING - 122ND AVENUE (NEAR GREENWAY) STREET VACATION Request to vacate a portion of right--of-way on SW 122nd Avenue near Greenway Town Center. o Public Hearing Opened a Summation by Deputy Recorder o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation by Deputy Recorder a Public Hearing Closed o Consideration By Council 11, PUBLIC HEARING - 67TH AVENUE & CLINTON STREET (NEAR I-5) STREET VACATION Request to vacate a portion of right-of-way on SW 67th Avenue & Clinton Street. o Public Hearing Opened o Summation by Deputy Recorder a Public Testimony: Proponents, Opponents, Cross Examination o Recommendation by Deputy Recorder o Public Hearing Closed o Consideration By Council 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 - 9/16/85 12.2 Receive and File Departmental Monthly Reports 12.3 Receive and File Community Development Land Use Decisions 12.4 Approve Wastewater Utility Committee Formation - Res. No. 85-76 12.5 Approve City Questionnaire Format 12.6 Approve & Authorize Signature: GTE Easement 12.7 Call Special Council Workshop For 10/12/85 - 9:00 AM to 4:00 PM - Tigard City Hall, 12755 SW Ash Avenue, Tigard, Oregon. 12.8 Approve & Authorize Signatures: Cotswald Meadows No. 3 Subdivision Compliance Agreement & Bond 12,9 Approve Charter Revision Ballot Measures For November 5, 1985 Election - Resolution No. 85- 12.10 Approve Training Request - APWA Fall Conference 12.11 Approve October Newsletter Draft 13. NON-AGENDA ITEMS: From Council and Staff 14. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (h) to discuss pending litigation issues. 15. ADJOURNMENT ry. , lw/3220A COUNCIL AGENDA SEPTEMBER 23, 1985 - PAGE 1 ,✓ t EI T I G A R D C I T Y C O U N C I L REGULAR MEETING MINUTES - SEPTEMBER 23, 1985 - 7:00 P.M. 1. ROLL CALL: Present: Mayor John Cook; Councilors: Tom Brian, and Jerry Edwards; 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 requested Consent Agenda Items .5 6 .9 be pulled for discussion. City Administrator also requested that the following items be considered under Non-Agenda- .1 MACC Cablecasting Agreement .2 Murray Extension Options Discussion .3 Appointment of Citizen Representative For SW Corridor Study b. Councilor Edwards to requested item .10 be pulled from Consent Agenda for discussion. 3. VISITOR'S AGENDA ( a. No one appeared to speak. ` 4. AUTOMOBILE CLUB OF OREGON a. Mr. Doug Peeples, representing the American Automobile Association (AAA), presented a Pedestrian Safety Citation to the City for the second year with no pedestrian fatalities. 5. ORDINANCE NO. 85-32 AN ORDINANCE AMENDMENT SECTIONS 18.136.020, 18.32.090, 18.142, 18.64, 18.144, 18.106, 18.99, 18.136, 18.44.050, 18.46.050, 18.48.050, 18.50.050, 18.52.050, 18.54.050, 18.56.050, 18.58.050, 18.60.050, 18.62.050, 18.64.050, 18.66.050, 18.68.050, 18.70.050, AND 18.72.050 OF THE COMMUNITY DEVELOPMENT CODE AND DECLARING AN EMERGENCY (ZOA 4-85) a. Community Development Director presented ordinance for Council consideration from 9/9/85 public hearing findings. b. Motion by Councilor Brian, seconded by Councilor Edwards to adopt. Approved by unanimous vote of Council present. 6. CODES ENFORCEMENT DISCUSSION a. Community Development Director presented draft of Codes Enforcement ordinance noting the more efficient service process for violators. This code would decriminalize the offenses and set Page 1 - COUNCIL MINUTES - SEPTEMBER 23 1985 up a civil hearing procedure. He explained the process and noted enalties. The Community Development Director the proposed p® the Municipal Court Judge or t suggested that this could be heard by a Hearings Officer. wou b, City Administrator noted t ht, thisant died inange this area make budgetary impacts and should be r he HearingsCe r coul C. Councilor Edwards suggeStions Community Development Director also hear civil infrac stated that this was possible from a workload aspect, however, it is a different role and wouldhear hprefe ese cor to ha mplaints Municipal Court o another Hearings Of d, Deputy Recorder noted that Municipal Court Judge h s concerns limitations regarding impact on current case load, timing, regarding possible 'contempt of court' charges since the infractions are of a civil nature only. Deputy Recorder noted additional concerns from an adaminis Officerative vapproaciew h recommended this change be done through a Hearings e, Legal Counsel noted that o s veryer ties the low each year caseload w with many this not same civil infraction process requiring trial. be cheduled for f, Community Development Directorrtated thiafter t me has been allowed for Council review in the future further study. 7, PUBLIC HEARING - TEMPORARY USE 5a-85 LARRY SCOVILLE NPO #3 Request to operate a used car business for 8 pvehicles (allof one year. The 1980 and applicant will display approximately WCT( 2S1 280, Lot newer) on the site. Location: 12885 SW Pacific Hwy. 2101) a, Public Hearing Opened b, Community Development Director stated that applicant is requesting a 1 year temporary use permit for a used car business. The Planning Director has approved a 2 month temporary use to 10/5/85• C. Public Testimony: Proponents: 21444 SW 90th Mr. Larry Scoville, representing Columbia Wholesale, ith copies of Court, Tualatin, submitted a letter of support business tax receipt ani picture of location. He stated the inspectin and intent was to strictly display la premises e modeautos uaor fulltime bas is for sale. No one would be on the p sales purposes. Opponents: No one appeared ~ I Page 2 COUNCIL MINUTES - SEPTEMBER 23, 1995 Cross Examination: { Councilor Brian requested a condition be placed on the application which would require a fence be constructed with appropriate signing noting where to park for this use. Discussion followed regarding the code limitations for parking uses requiring pavement. Community Development Director suggested a code revision could be requested by Council. d. Community Development Director recommended approval with conditions as set out in the Director's Decision and Councilor Brian's request for fencing and noted a code revision would also be required to allow parking on graveled area. e. Public Hearing Closed f. Councilor Brian stated he could support the request with the addition of condition #5 (Fencing) to be required within 30 days of approval. He also stated that he felt an ambiguity did exist in the code and that temporary uses should be allowed to use gravel parking. g. Councilor Edwards noted that initially he was not in favor of the use in this location, however, in light of the testimony, he would approve the request with the conditions that the area not have a "used car lot" appearance with an attendant not being allowed to service the site for the purpose of selling the vehicles and that no banners or pendants be displayed. h. Legal Counsel stated that since this application was filed before Council approval of a code change which required paved parking for all land uses in the City, Council could approve this application / with the gravel parking area. Edwa.i-cts C 5 i. Motion by Councilor Brian, seconded by Councilor fslift- to give q' tentative approval for the temporary use request and directed staff to prepare necessary documents to approve request with the 4 conditions from the Director's Decision, condition 5 requiring fencing within 30 days of approval, and condition 6 allowing no attendant to wait on site for the purpose of selling vehicles. Motion approved by a 2-1 vote of Council present, Mayor Cook voting nay. 8. PUBLIC HEARING - TIGARD STREET, STREET VACATION a. Public Hearing Opened b. Deputy Recorder synopsized history of request noting 10 feet of right-of-way is requested for vacation. C. Public Testimony: No one appeared to speak. C", y: ,' Page 3 - COUNCIL MINUTES - SEPTEMBER 23, 1985 d. Deputy Recorder recommended approval with the following conditions: o This vacation shall not be effective until the effective date of this ordinance and it shall not be effective until a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor and Surveyor. e. Public Hering Closed f. Motion by Councilor Brian, seconded by Councilor Edwards to tentatively approve with ordinance being considered at the 9/30/85 meeting. Approved by unanimous vote of Council present. 9. PUBLIC HEARING - WALNUT PLACE (AT 99W) STREET VACATION a. Public Hearing Opened b. Deputy Recorder noted history of request. C. Public Testimony: Proponents: Marilyn Hudson, 13267 SW Bull Mountain Place, requested approval by the Council. Councilor Tom Brian, 7630 SW Fir Street, noted for the record a potential conflict of interest and stated he would abstain from voting. He further requested support of the request. Opponents: Mr. Greg Davidson requested not to speak. d. Deputy Recorder recommended approval of vacation with the following conditions: o Access be prohibited on the west side of SW Walnut Place the entire length of the vacated area. o The Street Vacation should be granted for transportation right-of-way purposes, however, a public easement for utility purposes shall be retained over the entire area. o The vacation for transportation right-of-way purposes should not be effective until the effective date of the ordinance and it shall be not effective until a certified x; copy of this ordinance has been recorded with the Washington County clerk, assessor and surveyor. a e. Public Hearing Closed f. Motion by Councilor Edwards, seconded by Mayor Cook to approve r. staff recommendation and consider ordinance at the 9/30/85 meeting, T}y Page 4 COUNCIL MINUTES - SEPTEMBER 23, 1985 Motion received a 2-0-1 majority vote of Council present, Councilor Brian abstaining. This matter is in deadlock until the t 9/30/85 meeting. 10. PUBLIC HEARING - 74TH AVENUE (NEAR CHERRY) STREET VACATION a. Public Hearing Opened ;1 b. Deputy Recorder synopsized the history of the request. C. Public Testimony: Proponents: Mr. Alan Fox, 618 NW Glisan, Portland, supported request. Opponents: No one appeared to speak. d. Deputy Recorder recommended approval with the following conditions: o The Street Vacation should be granted. however, a public easement for utility purposes shall be retained over the northerly 20 feet of the proposed vacation area. o The vacation shall not be effective until the effective date of the ordinance and it shall be not effective until a 4_ certified copy of this ordinance has been recorded with the Washington County clerk, assessor and surveyor. e. Public Hearing Closed f. Motion by Councilor Edwards, seconded by Councilor Brian to approve staff recommendation and consider ordinance on 9030/85. Approved by unanimous vote of Council present. 11. PUBLIC HEARING — 122ND AVENUE (NEAR GREENWAY) STREET VACATION a. Public Hearing Opened b. Deputy Recorder advised Council of history of request and noted letter of support which had been filed by Mr. Roger M. Belanich of Business Property Development. C. Public Testimony: Proponents.: Mr. Bob Johnson, 8211 SW Loudcreek. requested not to speak. Opponents: No one appeared to speak. t Page 5 -COUNCIL MINUTES— SEPTEMBER 23, 1985 d. Deputy Recorder recommended approval with the following conditions: o This vacation shall not be effective until the effective date of this ordinance and it shall not be effective until a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor and Surveyor. e. Public Hearing Closed f. Motion by Councilor Brian, seconded by Councilor Edwards to approve staff recommendation and consider ordinance at the 9/30/85 meeting. Approved by unanimous vote of Council present. 12. PUBLIC HEARING 67TH AVENUE AND CLINTON STREET (NEAR I-5) STREET VACATION a. Public Hearing Opened b. Deputy Recorder synopsized request and suggested Council consider two alternatives for ingress/egress easement location. Alternate A would be to split the 30 foot easement, 15 feet on each side of the centerline of 67th Avenue. Alternatively, the 30 foot easement could run along the west side of the centerline of 67th Avenue to assist in speeding up the process for recording the vacation. She noted a letter of remonstrance which was filed by Mrs. Anne Leiser, an abutting property owner. c. Public Testimony: Proponents- 0 Mr. Jerry Cach, Cash's Realty, 12525 SW Main Street, stated that there has been interest by a major hospital to develop the area. He recommended approval. o Mr. Iry Larson, 11720 SW 68th Avenue, recommended approval and prefers split of ingress/egress easement 15 feet on each side of the centerline of 67th Avenue from Baylor to the ODOT access control line at the south end of the proposed vacation. o Mr. Geraldine Ball, 11515 SW 91st Avenue, read a letter of support into the record, however, questioned the map and reference to Dartmouth Street in the Engineer's Report. o Ms. Barbara Pugh, 8485 SW Seminol Trail, Tualatin, was co-owner of tax lot 4000, and supported the vacation request to enhance development opportunities in the area. Opponents: o Mrs. Anne Leiser, 6009 SW Pendelton Court, Portland, noted opposition to vacation as she felt her property would be isolated and it would reduce her property value and she did not want to sue the City for this action. She requested the right-of-way go through to Baylor. SEPTEMBER 23, 1985 Page 6 - COUNCIL MINUTES �F d. Deputy Recorder recommended approval of the vacation request with the following conditions: o A private ingress/egress easement be retained on SW 67th Avenue from the North line of SW Clinton Street 15 feet on both sides of the existing centerline to the North lot line of lot 3700 on Washington County Tax Map 1S1 3600. o A private ingress/egress easement be retained on SW 67th Avenue from the South line of SW Clinton Street 15 feet on both sides of the existing centerline to the South lot line of lot 5300 on Washington County Tax Map 1S1 360D. o The Street Vacation should be granted for transportation right-of-way purposes, however, a public easement for utility purposes shall be retained over the entire area. o The vacation for transportation right-of-way purposes shall not be effective until the effective date of the ordinance and it shall be not effective until a certified copy of this ordinance has been recorded with the Washington County clerk, assessor and surveyor. Alternatively, she suggested the private ingress/egress easement could run from the south line of Baylor Street to the north line of the ODOT Access Control Line, based on public testimony. e. Public Hearing Closed f. Motion by Councilor Edwards, seconded by Councilor Brian to approve staff's recommendation showing alternative "A" for the private ingress/egress easement noting that this should run from the south line of Baylor Street to the north line of the ODOT Access Control Line. Approved by unanimous vote of Council present. Council requested ordinance be considered at the 9/30/85 meeting. 13. 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: 4. 13.1 Approve Council Minutes - 9/16/85 13.2 Receive and File Departmental Monthly Reports 13 .3 Receive and File Community Development Land Use Decisions 13.4 Approve Wastewater Utility Committee Formation - Res. No. 85-76 13.5 Approve City Questionnaire Format 13.6 Approve & Authorize Signature: GTE Easement 13 .7 Call Special Council Workshop For 10/12/85 - 9:00 AM to 4:00 PM - Tigard City Hall, 12755 SW Ash Avenue, Tigard, Oregon. 13.8 Approve & Authorize Signatures: Cotswald Meadows No. 3 Subdivision Compliance Agreement & Bond 13.9 Approve Charter Revision Ballot Measures For November 5, 1985 Election - Resolution No. 85- 13.10 Approve Training Request- APWA Fall Conference 13.11 Approve October Newsletter Draft Page 7 - COUNCIL MINUTES - SEPTEMBER 23, 1985 a. Motion by Councilor Brian, seconded by Councilor Edwards to approve Consent Agenda with items .5, .9, 6 .10 being removed for idiscussion. Approved by unanimous vote of Council present. b. 13.5 Approve City Questionnaire Format City Administrator requested Council contact his office by Thursday noon with comments. Councilor Edwards expressed some concern regarding wordage of questionnaire and stated he would contact Administrator later with details. C. 13.9 Approve Charter Revision Ballot Measures For November 5, 1985 Election - Resolution No. 85- Legal Counsel distributed proposed Charter language revisions and stated that a resolution would iue presented at the 9/30/85 meeting for adoption. Consensus of Council was to have ballot measures drafted per charter language revisions presented. d. 13.10 Approve Training Request - APWA Fall Conference Councilor Edwards questioned the need for the training. Community Development Director stated why this was desirable for at least one staff member from Public Works. Motion by Councilor Edwards, seconded by Councilor Brian to approve attendance for 1 member of staff. Approved by unanimous vote of Council present. 14. NON-AGENDA ITEMS: From Council and Staff 14.1 MACC CABLECAST AGREEMENT City Administrator recommended Council enter into a Cablecast Agreement with Storer for telecasting Council meetings. Motion by Councilor Edwards, seconded by Councilor Brian to approve cablecasts as scheduled per Council Policy Calendar and direct Administrator to prepare Contingency adjustments with the Fall supplemental budget adjustments. Approved by unanimous vote of Council present. g ry Page 8 - COUNCIL MINUTES - SEPTEMBER 23, 1985 14.2 MURRAY ROAD EXTENSION OPTIONS DISCUSSION Community Development Director presented map noting City's suggested extension placement and City of Beaverton's suggestion. He noted that a decision needs to be made at this time of the general configuration of the road since a major land development is being planned for the area. The Director distributed copies of Resolution No. 84-34 which set out Council's temporary design guidelines for the extension and suggested Council needed to consider whether a "T" intersection design was best to handle the traffic in the area. Councilor Brian supported the "T" intersection concept at 135th with the condition that it is signalized and follows the general design suggested by the Beaverton staff. Councilor Brian questioned who would hold jurisdiction of 135th. Community Development Director stated that Washington County staff has prepared a staff report noting 135th 6 Durham Roads as being retained by Washington County. This will be discussed by County Commissioners on October 1, 1985. Councilor Brian requested a copy of the staff report from Washington County and suggested a number of Council and staff members attend to offer support for the City's request for jurisdiction of the roads. Councilor Edwards agreed the Beaverton proposal seemed appropriate for design, but requested time to study the issue further. After further discussion, Council agreed to consider this issue further at their meeting of 9/30/85. 14.3 CITIZEN REPRESENTATIVE APPOINTMENT - SW Corridor Study Group Councilor Brian suggested Milt Fyre be asked to serve since he is already familiar with the greater metropolitan transportation issues. Motion by Councilor Brian, seconded by Councilor Edwards to appoint Milt Fyre subject to his acceptance. Approved by unanimous vote of Council present. RECESS REGULAR SESSION: 9:58 P.M. RECONVENE IN EXECUTIVE SESSION: 10:00 P.M. 15. EXECUTIVE SESSION: The Tigard City Council went go into Executive Session under the provisions of ORS 192.660 (1) (h) to discuss pending litigation issues. 16. ADJOURNMENT: 10:27 P.M. ATTFST: Deputy City Recorder - City of Tigard p - Cit of Ti and catthc� ►-ESi�en* LW/3264A) ' Page 9 - COUNCIL MINUTES —SEPTEMBER 23, 1985 -0 TIMES PUBLISHING COMPANY Logs' 7_6501 P.O.BOX 370 PHONE(503)584-0.360 Notice BEAVERTON,OREGON 97075 Legal Notice Advertising w a Q Tearsheet Notice pQ�CF� City of Tigard V�Q * PO Box 23397 • 0 Duplicate Affidavit Tigard, OR 972233 • o plc T�cgRQ AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I, Theresa Butcher being first duly sworn, depose and say thV J am ttge advertising Director. or his principal clerk,of the agar Imes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state;that the ri t _ cniinnil R2gulAr Meeting a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for 1 successive and consecutive in the following issues: September 19, 1985 L�f'c:ICilyY Subscribed.land-s—w-bMto before me this Sept. 20 , 1985 otary Public for Oregon My Commission Expires: 9/20/88 AFFIDAVIT Vi t AGENDA ITEM M - VISITOR'S AGENDA DATE (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 try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. NAME 6 ADDRESS TOPIC STAFF CONTACTED 3 DATE .3 ��! I wish to testify before the Tigard City Council on the following item: (P//lease print the information) Item Description: (f1 �grn�Datr�- Proponent (For Issue) Opponent (Against Issue) Name, Address and filiatio n 1/7 Name, Address and Affiliation ;y C-D DATE, I wish to testify before the Tigard City Council on the folloving item: (Please print the information) Item Descriptiont "74# 10) Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation �w .s:K' DATE J SS I wish to testify before the Tigard City Council on the following item: (please print the information) Item Description: g WO:I h tz-f i &L c e Proponent (For Issue) Opponent (Against Issue) Name. Address and Affiliation Name Addres apd filiation s 1A. r Ikl <Cjd�l 1' Ix 3L i r. DATE I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: 7 / /7 ALk -Hae SI-t v-&4zt 1)��t 0 Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation C- DATE I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: 1,41:5G-cC-- oV� Proponent (Por Issue) opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation 4 DATE I wish to testify before the Tigard City Council on the following item: (Please print �tyhe information) Item Description: �� '/ 7h�- t Proponent (For Issue) Opponent (Against Issue) Name, :U Address and Affiliation N e Address �gd Affiliation r4t3T/d` 0, OF .F ,4/�sGA. �ft•'�t ' G ,,01A/T" D/. N� ta6 E S A s �.vL`L 9 MYSELF ;a NEWS R ,- a o ' • t ` 600 S.W.MARKET STREET • PORTLAND,OREGON 97201 CONTACT: Mary Merritt (503) 222-6749 July 10, 1985 SAFE STREETS IN OREGON EARN RECOGNITION Eleven cities in Oregon have been cited by the American Automobile Association with Pedestrian Safety Citations for their efforts toward reducing pedestrian fatalities and for their interest in safety. They are: Dallas , Lake Oswego , North Bend, Canby, Central Point, Ashland , Tigard , Milwaukie, Oregon City, Roseburg, and Springfield. Two Oregon cities, Dallas and Lake Oswego, received the (z difficult-to-earn Triple A "Award of Achievement" for having no pedestrian fatalities for the tenth consecutive year. The AAA Pedestrian Program, unique in the nation , focuses attention nationwide on pedestrian safety needs by stimulating interest on the local level in pedestrian-related programs. Recognition is given to cities and states that have demonstrated successful pedestrian safety programs . Communities participating in the AAA program are judged with others of comparable size and characteristics.' Program areas evaluated include safety legislation, enforcement, traffic engineering, school traffic safety campaigns and public information and education programs. 1 71 CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMP1ARY AGENDA OF: September 23, 1985 AGENDA ITEM fit: + DATE SUBMITTED: September 18, 1985 _ PREVIOUS ACTION: CC Approval 9 __ /9/85 _ ISSUE/AGENDA TITLE Zone Ordinance ' Amendment (ZOA 4-85) PREPARED BY: Keith Liden REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Attached is the ordinance for adoption of the Zone Ordinance Amendment (ZOA 4-85) as approved by Council on 9/9/85. ALTERNATIVES CONSIDERED SUGGESTED ACTION Review and adopt the ordinance. (KL:br/1876P) CITY OF TIGARQ OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 23, 1985 AGENDA ITEM #f: _ DATE SUBMITTED: September 19,1985 PREVIOUS ACTION: Discussion by Council ISSUE/AGENDA TITLE: Code Enforce— _T in June 1985 ment Amendment Discussion PREPARED BY: William A. Monahan REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: Pot-ICY ISSUE In order that the City may more efficiently enforce the various nuisance and non—criminal codes, code revisions are necessary to clearly define the codes as civil infractions. Service of process procedures must be revised to allow the City to send citations by mail to establish a more uniform enforcement system. INFORMATION SUMMARY In June, the Council was presented with an earlier draft of code revisions which the staff and City Attorney's office has identified as necessary to improve enforcement of codes. It is necessary to make the various codes clearly non—criminal so that it will be easier to gain jurisdiction over violators. The key element of the revisions relates to serving notice of violations and citations by mail. With this ability, the staff will be able to uniformly enforce all codes and, in particular, enforce the business tax section of the node over both Tigard businesses and those out of City businesses which do business in the City. ALTERNATIVESCONSIDERED 1. Conduct a discussion session with the staff to evaluate the proposed changes and direct staff to prepare an ordinance for later consideration. 2. Following a discussion of the proposal changes, make no changes to the TMC. SUGGESTED ACTION Discuss the code revisions with the staff and direct the staff to bring back a draft which contains those changes which the Council agrees with for future consideration. (tr3A-1.br/19200) DTiAFT 1tiO. � CITY OF TIGARD, OREGON ORDINANCE NO. 85- AN ORDIN NCE AMENDING 5. 04. 180 AND REPEALING SECTION 5.04. 190, CHAPTERS�7.40 ANDr.18. 24. 030 AND DEFINING NUISANCES AND CIVIL INFRACTIONS, ESTABLISHING NUISANCE ABATEMENT PROCEDURES AND CIVIL INFRACTION PROCEDURES, AND ESTABLISHING CIVIL PENALTIES. WHEREAS, in order to protect the public health, safety and welfare there must be a process for enforcing the provisions of the Tigard Municipal Code; WHEREAS, the Tigard Municipal Code currently makes violations of the Code a criminal act, and current practice among cities is to establish civil proceedings; WHEREAS, this ordinance defines public nuisances, establishes nuisance abatement procedures, establishes civil infraction procedures administered by the municipal court, and establishes civil infraction penalties for unpaid business taxes and zoning ordinance violations; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1. Exhibit "A" entitled "Civil Infractions Ordinance" shall be adopted and made a part of Title 2. Section 2. Section 5.04. 108 shall be amended to read as follows: The City is authorized to conduct inspections to insure the administration and enforcement of this chapter. [In addition, all city police officers are charged with the responsibility of administration and enforcement of this chapter. ] The code enforcement officer shall be responsible for the enforcement of this chapter. Section 3. Section 5.04. 190 shall be repealed and the provisions set forth in Exhibit"B" entitled "Business Tax Penalties" shall be adopted and codified as 5.04 .190. Section 4 . Chapter 7.40 shall be repealed and the provisions of Exhibit "C" entitled "Nuisance Ordinance" shall be adopted and codified as Chapter 7. 40, Nuisances. Section 5. Exhibit "D" entitled "Nuisance Abatement Procedures" - shall be adopted and codified as Chapter 7. 42. Section 6. Section 18.24.030 shall be repealed and Exhibit "E" entitled "Zoning Violation Penalties shall be adopted and codified as 18. 24 . 030. s EXHIBIT "A" nRA FT NO.- DATE. O.-DAT E. CIVIL INFRACTIONS ORDINANCE Section 1: Title Section 2: Establishment & Purpose A. Purpose Section 3: Culpability; Nonexclusive Remedy Section 4: Definitions Section 5: Infraction Procedures A. Reporting B. Review of Facts; Sufficiency of Evidence C. Notice of Violation a Prerequisite to Issuance of Complaint 1. Validity of Notice of Violation 2. Class 1 Infraction 3. Class 2 and 3 Infraction 4. Time to Remedy Violation after Notice of Violation 5. Notice of Violation 6. Information Required for Notice of Violation 7. Failure to Respond to Notice of Violation 8. Voluntary Compliance Agreement a. Effect of Agreement b. Failure to Comply with Agreement D. Issuance of Uniform Infraction Summons and Complaint 1. Timing of Service �- 2. Form of Summons and Complaint 3. Service; Service by Mail and Failure to Receive Notice; Default E. Answer by Responsible Party 1. Answer Required 2 Admission 3. Denial F. Hearing Procedures 1. Jury 2. Representation by Counsel 3. Opportunity To Be Heard; Cross-Examination 4. Witnesses 5. The Hearing--Admissible Evidence 6. Burden of Proof 7. The Decision 8. Civil Penalty and Assessment of Fees 9. The Record 10. Finality of Decision; Appeal Section 6: Enforcement y Section 7: Civil Penalty A. Continuous Infraction B. Time Payment Due C. Classification of Civil Penalties D. Assessment of Civil Penalties E. Delinquent Civil Penalties Section 8: Lien Filing and Docketing Section 9: Code Enforcement Officers Authorized to Promulgate Rules Section 10: Reference to State Law Section 11: Effect of this Ordinance 1 CIVIL INFRACTIONS ORDINANCE Section 1: Title. This ordinance shall be known as the "Civil Infractions Ordinance" and may also be referred to herein as "this chapter" . Section 2: Establishment and Purpose A. Purpose 1. The purpose of this chapter is to establish civil procedures for the enforcement of certain provisions of the Tigard Municipal Code. 2. These civil infraction procedures have been established for the purpose of decriminalizing penalties for infractions of certain civil ordinances and for the purpose of providing a convenient and practical forum for the civil hearing and determi- nation of cases arising out of said violations. 3. These procedures are being adopted pursuant to the home rule powers granted the City of Tigard by Article IV, Section 1, and Article XI, Section 2, of the Oregon Constitution. Section 3: Culpability; Nonexclusive Remedy A. Acts or omissions to act which are processed pursuant to the provisions of this chapter or are designated an infraction by any City ordinance do not require a culpable mental state as an element of this infraction. B. The procedure prescribed by this chapter shall be the exclusive procedure for imposing a civil penalty; however, this section shall not be read to prohibit in any way any alternative � - remedies set out in the Tigard Municipal Code which are intended to abate or alleviate Code violations, nor shall the City be prohibited from recovering, in a manner prescribed by law, any expense incurred by it in abating or removing ordinance violations pursuant to any Code provision. Section 4 : Definitions A. For the purpose of Sections 1 through 11 of this chapter, the following terms shall mean: 1. Civil Infraction. The Commission of an act or omission to act in a manner prescribed by this chapter or Code constituting a breach, violation or infringement of a section of the City Code or this chapter constitutes a civil infraction. 2. Civil Penalty; Civil Penalty Schedule. The only penalty to be imposed for an infraction is a monetary penalty called a civil penalty. 3. Code enforcement officer. The designee or designees appointed by the Director of Community Development. 4. Notice of Violation. Any prior contact between the Code enforcement officer and the responsible party regarding the alleged infraction, including but not limited to a phone call, personal oral communication at any location, letter or other form of written communication, or a prior citation issued for the same or similar infraction which gives the responsible party notice of the alleged violation. 5. Responsible party. The person responsible for curing or remedying an infraction, which includes: a. The owner of the property or the owner' s manager or agent or other person in control of the property on behalf of the owner; b. The person occupying the property including bailee, lessee, tenant or other person having posses ion; C. The person who is alleged to have corm--nitt -:d or authorized the commission of the infraction. 6. Voluntary Compliance Agreement. A written agreement between the code enforcement officer and the responsible party which is intended to resolve the problem which gives rise to the complaint. Section 5: Infraction Procedures A. Reporting. All reports or complaints of infractions covered by this chapter shall be made to the code enforcement officer. B. Review of Facts; Sufficiency of Evidence 1. When an infraction is reported to the code enforcement officer, the code enforcement officer shall prepare a statement of the facts and shall review the facts and circumstances surrounding the alleged infraction against the Code provisions which apply to the alleged violation. 2. The code enforcement officer shall not proceed further with the matter upon a determination that sufficient evidence does not exist to support the allegation that an infraction has occurred or that it is not in the best interest of the City. C. Notice of Violation A Prerequisite to Issuance of Complaint 1. Validity of Notice of Violation a. In order to be effective, any notice of the violation must be made within 120 days preceding the issuance of the uniform infraction citation. b. Notice of the violation shall be deemed to have occurred if the alleged infraction is related to regulated h activity for which the City has issued any permit, license, agreement, or written directive required by law or policy of the City in conjunction with the requlated activity. No time limit shall apply and no subsequent notice shall be required. 2. Class 1 Infraction. Notice of the violation may be made with the responsible party before a uniform infraction summons and complaint is issued for a Class 1 infraction. It is not a pre- requisite to the issuance of the summons and complaint, and is at the sole discretion of the code enforcement officer. 3. Class 2 and 3 Infraction. Notice of the violation shall be made with the responsible party before a uniform infraction summons and complaint is issued for a Class 2 or Class 3 infraction. 4. Time to Remedy Violation after Notice of Violation. The code enforcement officer shall give the responsible party a reasonable time to cure or remedy the alleged infraction after the notice is given. The time allowed shall not be less than seven days nor more than 30 days, except where there is a finding of a danger to the public health, safety or welfare, in which case immediate compliance may be ordered. Where there is no danger to the public and there is an extreme hardship, additional time may be granted. Any alleged extreme hardship shall be documented by the responsible party and shall be made a part of the record. 5. Notice of Violation. a. Methods of giving notice. (1) Notice of the violation may be given in person by the code enforcement officer to the responsible party. The responsible party shall be given a Notice of Violation; (2) Notice of the violation may be made by a telephone call to the responsible person. The responsible party shall be given a Notice of Violation by first class mail; or (3) Notice of the violation constituting a prior contact may be made by mailing the Notice of Violation by registered or certified mail, return receipt requested. b. Computation of Time Period. (1) Where the Notice of Violation is delivered in person, the time period shall begin to run immediately (2) Where the Notice of Violation is mailed to the responsible party, for purposes of computing any time period prescribed by this chapter, notice shall be complete three days after such mailing, if the address to which it is mailed is within the state, and seven days after mailing if the address to which it is mailed is outside the state. 6. Information Required for Notice of Violation. The following information shall be communicated to the responsible party in the Notice of Violation: a. A description or identification of the activity constituting the alleged infraction and identification of the recipient as being the responsible party for the infraction; b. A statement that the code enforcement officer has determined the activity to be an infraction; C. A statement of the action required to remedy or cure the infraction and the time and/or date by which the remedy must be completed, unless the responsible party enters into a Voluntary Compliance Agreement; and V d. A statement advising that, if the required abatement is not completed within the time specified, or the responsible party has not entered into a Voluntary Compliance Agreement, a uniform infraction summons and complaint will issue and that a forfeiture in the maximum amount provided by the Code for that particular infraction could be imposed. 7. Failure to Respond to Notice of Violation. When a responsible party either receives or rejects the Notice of Violation and fails to cure the violation within the time specified in the Notice of the Violation, the code enforcement officer may serve the responsible party with a summons and complaint. 8. Voluntary Compliance Agreement. a. Effect of Agreement �- (1) The code enforcement officer may enter into a written voluntary compliance agreement with the responsible party. The agreement shall include time limits for compliance and shall be binding on the responsible party. (2) The fact that a person alleged to have committed a civil infraction enters into such an agreement shall not be considered an admission of having committed an infraction for any purpose. (3) The City shall hold further processing of the alleged violation in abeyance during the time allowed in the voluntary compliance agreement for the completion of the necessary corrective action. The City shall take no further action concerning the alleged violation if all terms of the w voluntary compliance agreement are satisfied, other than those steps necessary to terminate the matter. b. Failure to Comply with Agreement. The failure to comply with any term of the voluntary compliance agreement constitutes a separate Class 1 Civil Infraction and shall be handled in accordance with the procedures established by this chapter, except no prior contact after the voluntary compliance agreement has been signed need be made before the uniform infraction summons is issued. The City may also proceed with processing the alleged infraction giving rise to the voluntary compliance agreement. D. Issuance of Uniform Infraction Summons and Complaint 1. Timing of Service. A uniform infraction summons and complaint signed by the code enforcement officer or any citizen may be filed with the municipal court charging the responsible party with the civil infraction and setting a date for the responsible party to appear before the municipal court to answer the complaint under the following circumstances: a. The summons and complaint may be served immediately upon discovery of the violation if it is a Class 1 infraction. b. Where a Notice of Violation is given or is required, the summons and complaint may be served on a responsible party who received notice or rejected notice when the time given in the Notice of Violation has expired. C. Where a Voluntary Compliance Agreement has been executed, the time for compliance has lapsed and the infraction has not been cured. 2. Form of Summons and Complaint a. The code enforcement officer shall prescribe the form ,of the uniform infraction summons and complaint, but O it shall consist of at least three pages. Additional pages may be inserted for administrative purposes by those charged with the enforcement of the ordinances. The required pages are: (1) The complaint; (2) The City department record; and (3) The summons. b. Each of the three pages shall contain the following information: (1) The name of the court and the court's file number; (2) The name of the person cited; (3) The infraction with which the person is charged; (4) The date, time and place the infraction occurred or, if the infraction is of a continuing nature, the date, time and place the infraction was observed by the code enforcement officer or the citizen signing the complaint; (5) The date on which the complaint was issued; (6) The scheduled civil penalty for the alleged infraction; (7) The time and place at which person cited is to appear in court to answer the complaint; C. A form of verification that the person signing the complaint swears that the person has reasonable grounds to believe, and does so believe, that the person cited committed the infraction; and d. Notice to the person cited that a civil complaint will be f iled in the municipal court of the City. 3. Service; Service by Mail and Failure to Receive Notice; Default. a. Service on individuals may be made by the code enforcement officer or any authorized agent of the City by any of the following means: (1) Service may be made by mailing the summons and complaint by restricted or unrestricted certified or registered mail, return receipt requested. For purposes of computing any time period prescribed by this chapter, service by mail shall be complete three days after such mailing if the address to which it was mailed is within the state, and seven days after mailing if the address to which it is mailed is outside the state. (2) Service may be made by delivering the summons and complaint directly to the person to be served. (3) Substituted service may be made by delivering a copy of the summons and complaint at the dwelling house or usual place of abode of the person to be served, to any person over 14 years of age residing in the dwelling house or usual place of abode of the person to be served. Where substituted service is used, the code enforcement officer, as soon as reasonably possible, shall cause to be mailed a true copy of the summons and complaint to the responsible party at the responsible party' s dwelling house or usual place of abode, together with a statement of the date, time, and place at which substituted service was made. For the purpose of computing } t LU any period of time prescribed or allowed by this chapter, substituted service shall be complete upon mailing. (4) If the person to be served maintains an office for the conduct of business, office service may be made by leaving a true copy of the summons and complaint at such office during normal working hours with the person who is apparently in charge. Where office service is used, the code enforcement officer, as soon as reasonably possible, shall cause to be mailed a true copy of the summons and complaint to the responsible party at the responsible party' s dwelling house or usual place of abode or the responsible party's place of business or such other place under the circumstances that is most reasonably calculated to apprise the responsible party of the existence and pendency of the action, together with a statement of the date, time, and place at which office service was made. For the purpose of computing any period of time prescribed or allowed by this chapter, office service shall be complete upon such mailing. b. Service on particular responsible parties; minors, incapacitated persons, corporations, limited partnerships, the State, other public bodies, general partnerships and unincorpora- tions, shall be on the persons named in the Oregon Rules of Civil Procedure. C. No default shall be entered against any responsible party served by mail under this subsection who has not either F. received or rejected the registered or certified letter containing f a copy of the summons and complaint unless authorized by the judge. 5 ff 11 E. Answer by Responsible Party 1. Answer Required. A person who receives a summons and complaint alleging an infraction shall answer the complaint by personally appearing to answer at the time and place specified therein; except an answer may be made by mail or personal delivery if received by the City within ten days of the date of the receipt of the summons and complaint as provided in subsections 2 and 3 below. 2. Admission a. If the person alleged to have committed an infraction admits the infraction, the person may complete the appropriate answer on the back of each summons and forward the summons to the municipal court. Cash, check or money order in the amount of the civil penalty for the infraction alleged, as shown on the face of the summons, shall be submitted with the answer. Upon receipt of the civil penalty, an appropriate order shall be entered in the municipal court records. b. A person who admits to the infraction shall have ten days from the date the order is entered in the municipal court records to cure or remedy the situation, except in situations where the code enforcement officer determines there is a danger to the public, in which case a lesser amount of time may be specified. 3. Denial a. If the person alleged to have committed the infraction denies part or all of the infraction, the person may request a hearing by completing the appropriate answer on the back of the summons and forwarding the summons, together with security r court fees, to the Municipal Court Clerk. Upon receipt, the answer r y shall be entered and a hearing date established by the municipal Y�C 11 court. The municipal court shall notify the person alleged to have committed the infraction, by return mail, of the date of the hearing. The security received shall be returned upon appearance for the hearing by the person alleged to have committed the infraction, except as otherwise provided in this ordinance. b. The security deposit may be waived in whole or in part at the discretion of the municipal court for good cause shown dnd upon written application of the person alleged to have commited the infraction setting forth the reason for requesting the waiver and certifying that the person alleged to have committed the infraction will attend the hearing when scheduled. F. Hearing Procedures 1. Jury. Every hearing to determine whether an infraction has been committed shall be held before the municipal court without a jury. 2. Representation by counsel. The defendant may be represented by legal counsel; however, legal counsel shall not be provided at public expense. If legal counsel is to appear, written notice shall be provided to the municipal court no later than five days prior to the hearing date. 3. Opportunity To Be Heard; Cross-Examination. The defendant shall have the right to present evidence and witnesses in the defendant's favor, to cross-examine witnesses who testify against the defendant, and to submit rebuttal evidence . 4 Witnesses a. The defendant alleged to have committed the r appear at the hearing. The defendant shall make such a request in writing 3 1J to the court at the time the answer is returned , or subsequently t{µ by mail at any time at least five days prior to the scheduled hearing. A deposit for each witness shall accompany the request, such deposit to be refunded if no civil penalty is assessed by the final order. The deposit shall be in the amount equal to the witness fee allowed by statute for witnesses in circuit court. b. Subject to the same five-day limitation, the code enforcement officer, the citizen who signed the complaint or the city attorney, as appropriate, may also request in writing that the court order certain witnesses to appear by subpoena. If a civil penalty is declared in the final order, the order shall also provide that the defendant shall pay any witness fees payable in connection with the hearing. 5. The Hearing--Admissible Evidence E a. Relevant Evidence. The hearing shall be limited to production of evidence only on the infraction alleged in the complaint. b. oral Evidence. oral evidence shall be taken only on oath or affirmation. C. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons. are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. d. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded. r-s - 1 4 6. Burden of Proof. The complainant or, if the City is the complainant, the code enforcement officer shall have the burden of proving the alleged ordinance infraction by a preponderance of the evidence. 7. The Decision. The court shall determine whether the infraction as alleged in the complaint was committed, after due consideration of the evidence and arguments presented at the hearing. When the infraction has not been proven, a court order dismissing the complaint shall be entered in the municipal court records. A copy of the order shall be delivered, personally or by mail, to the person named in the order. When the court finds that the infraction was committed, and upon written request by a party to the hearing, the order shall include a brief statement of the necessary findings of fact to establish the infraction alleged. `- 8. Civil Penalty; Assessment of Fees; Other Remedies. Upon a finding that an infraction has occurred, the court may: a. Assess a civil penalty pursant to Section 7 of this chapter, plus court costs and witness fees. The municipal court judge is authorized to set reasonable court costs, including security for court fees, by court order. b. Require or enjoin the performance of an act affecting real property, enjoin continuance of a violation that has existed for ten days or more, or enjoin further commission of a violation that otherwise may result in additional violations of the same or related penal provisions affecting the public morals, health or safety. These remedies may be imposed in addition to a civil penalty or in lieu of a civil penalty. l l� 9. The Record. The court shall maintain a record of its proceedings, A mechanical recording of the hearing accompanied by any written documents, correspondence or physical evidence associated with the matter shall be sufficient to meet the requirements of this subsection. 10. Finality of Decision; Appeal. The determination of the municipal court shall be final. Review of the court's determination shall be to the circuit court by writ of review pursuant to ORS Chapter 34. Section 6: Enforcement. A. Subject to the limitations set forth in Section 5 (D) (3) (c) , a default judgment shall be entered for the scheduled civil penalty applicable to the charged infraction if a cited person fails to answer the summons or fails to appear at a scheduled hearing. In addition, when a person fails to appear for a hearing, the security posted, or an amount equal to the security waived, shall be ordered forfeited. B. Nothing in this subsection shall be construed to limit in any way the contempt powers of the municipal judge granted by the Charter or state law, and the judge may exercise those powers as the judge considers necessary and advisable in conjunction with any matter arising under the procedures set forth in this chapter. Section 7: Civil Penalty. A. Continuous Infraction. When an infraction is of a continuous nature, unless otherwise specifically provided a separate infraction shall be deemed to occur on each calendar day the infraction continues to exist. v� _ 1O B. Time Payment Due. Any civil penalty assessed shall be paid no later than ten days after the final order declaring the civil penalty is deposited in the mail. Such period may be extended upon order of the municipal judge. C. Classification of Civil Penalties. For the purpose of determining civil penalties, infractions are classified in the following categories: 1. Class 1 infractions. 2. Class 2 infractions. 3. Class 3 infractions. D. Assessment of Civil Penalties. The civil penalty to be assessed for a specific infraction shall be as follows: 1. Pursuant to specific provisions under this Code setting forth the assessment; or 2. Pursuant to the following civil penalty schedule where the Code does not provide for a specific civil penalty: a. Class 1 infraction; an amount not exceeding $250. 00; b. Class 2 infraction, an amount not exceeding $150.00; C. Class 3 infraction, an amount not exceeding $50. 00. E. Delinquent Civil Penalties. Delinquent civil penalties and those brought to default judgment which were assessed for infractions may, in addition to any other method, be collected or enforced pursuant to ORS 30.310 or ORS 30. 315. Section 8: Lien Filing and Docketing. A. When a judgment is given in municipal court in favor of the City for the sum of $10.00 or more, exclusive of costs and 1 / disbursements, the code enforcement officer may, at any time thereafter while the judgment is enforceable, file with the City' s Finance Director a certified transcript of all those entries made in the docket of the municipal court with respect to the action in which the judgment was entered. B. Thereupon, the Finance Director shall enter the judgment of the municipal court on the City' s lien docket. C. From the time of entry of the municpal court judgment on the City' s lien docket, the judgment shall be a lien upon the real property of the person against whom judgment was entered in the municipal court. Except as provided in subsection D, entry of the municipal court judgment in the City's lien docket shall not thereby extend the lien of the judgment more than ten years from the original entry of the judgment in the municipal court. D. Whenever a judgment of the municipal court which has been entered pursuant to this section is renewed by the municipal court, the lien established by subsection C of this section is automatically extended ten years from the date of the renewal order. E. The Finance Director may file the transcript of the judgment with the county clerk for entry in the judgment docket of the circuit court. Section 9: Code Enforcement Officer Authorized To x. Promulgate Rules. The code enforcement officer is authorized to 5 _ promulgate any rules, procedures or guidelines the code enforcement 4 zxs officer considers advisable to enforce this chapter; however, ' 4 final approval of any rules, procedures or guidelines shall be v` approved by the City Council by ordinance. r p� iz Ib Section 10: Reference to State ?maw. Any reference to a I state statute incorporates the statute in effect on (effective date of ordinance) into this ordinance by reference. Section 11: Effect Of This Ordinance . A. Citations or complaints issued and filed with the court prior to the effective date of this ordinance shall be processed in accordance with the provisions in effect at the time the complaint was issued. B. Nothing in this ordinance shall be construed as a waiver of any prior assessment, bail or fine ordered by the court. EXHIBIT "B" DRAFT No - 2- I):I TE: ,/ BUSINESS TAX PENALTIES 5. 04. 190 Penalties. a. Violation of this chapter shall constitute a Class 2 Civil Infraction which shall be processed according to the procedures established in the Civil Infractions Ordinance, Section 1 through Section 11. b. Each violation of a separate provision of this chapter ,hall constitute a separate infraction, and each da-,-r that a violation of this chapter is committed or permitted to continue shall constitute a separate infraction. C. A finding that a person has committed a civil infraction in violation of this chapter shall not act to relieve the person from payment of any unpaid business tax, including delinquent charges, for which the person is liable. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. d. Payment of the business tax after the complaint and summons is served is not a defense. e. If a provision of this chapter is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this chapter. EXHIBIT "C" DRAFT NO. D:I 1 - - CHAPTER 7.40 NUISANCE ORDINANCE Section 1. Short Title Section 2. Definitions Section 3. Declaration of Nuisance Section 4 . Nuisances Affecting the Public Health 1. Privies 2. Debris 3. Stagnant Water 4. Water Pollution 5. Odor 6. Surface Water 7. Cesspools 8. Animals 9. Removal of Carcasses Section 5. Nuisances Affecting Public Safety 1. Noxious Vegetation 2. Trees, Streets and Sidewalks 3. Greenway Maintenance 4 . Open Storage of Junk 5. Attractive Nuisance 6. Scattering Rubbish Section 6. Nuisances Affecting the Public Peace 1. Noise Section 7. Reserved Section 8. Permits Required 1. Permits Required for Certain Events Using Amplified Sound a Section 9. Penalties • a NUISANCE ORDINANCE Section 1. Short Title. This ordinance shall be known as the "Nuisance Ordinance" and may also be referred to herein as "this chapter. " Section 2. Definitions . 1. Responsible party. The person responsible for curing or remedying a nuisance, which includes: a. The owner of the property or the owner' s manager or agent or other person in control of the property on behalf of the owner; b. The person occupying the property including bailee, lessee, tenant or other person having possession; C. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist or placed the object or allowed the object to exist on the property. Section 3. Declaration of Nuisance. 1. The acts, omissions, conditions or objects specifically enumerated in this ordinance are hereby declared to be a public nuisance. Public nuisances may be abated by the procedures set forth in the Nuisance Abatement Procedures, Chapter 7.42. 2. In addition to the nuisances specifically enumerated within this ordinance, every other thing, substance, or act which is determined by the Council to be offensive, injurious or detrimental to the public health, safety or welfare of the City is declared to be a nuisance and may be abated as provided by the procedures set forth in the Nuisance Abatement Procedures, Chapter 7.42. 17 t .e Section 4. Nuisances Affecting the Public Health. No person M shall cause or permit a nuisance affecting the public health. The following are nuisances affecting the public health: 1. Privies. An open vault or privy constructed and maintained within the City, except those constructed or maintained in connection with construction projects in accordance with the State Health Division regulations. 2. Debris. Accumulations of debris, rubbish, manure and other refuse that affect the health of surrounding persons. 3. Stagnant Water. Stagnant water which affords a breeding place for mosquitoes and other insect pests. 4. Water Pollution. Pollution of a body of water, well, spring, stream, or drainage ditch by sewage, industrial wastes, or other substances placed in or near the water in a manner that t will cause harmful material to pollute the water. S. odor. Any animal, substance or condition on the premises that are in such a state or condition as to cause an offensive odor detectible at a property line or that are in an unsanitary condition. 6 . Surface Drainage. Drainage of liquid wastes from private premises. 7. Cesspools. Cesspools or septic tanks that are in an unsanitary condition or which cause an offensive odor. 8. Animals . Animals including livestock or buildings for the purpose of maintaining livestock or animals maintained in such places or in such a manner that they are offensive or annoying to the residents within the immediate vicinity, or maintaining the premises in such a manner as to be a breeding place or likely C breeding place for rodents, flies and other pests. - 9. Removal of Carcasses. An animal carcass permitted to remain on public property or to be exposed on public property for a period of time longer than is necessary to remove or dispose of the carcass. Section 5. Nuisances Affecting Public Safety, 1. Noxious Vegetation. a. The term "noxious vegetation" does not include vegetation that constitutes an agricultural crop, unless that vegetation is a health hazard, a fire hazard or a traffic hazard, and it is vegetation within the meaning of subsection (b) . b. The term "noxious vegetation" includes: (1) Weeds more than 10 inches high; (2) Grass more than 10 inches high and not within the exception stated in subsection (a) of this section; (3) Poison oak, poison ivy or similar vegetation. (4) Dead trees, dead bushes, stumps and any other thing likely to cause fire. (5) Blackberry bushes that extend into a public thoroughfare or across a property line. (6) Vegetation that is a health hazard. (7) Vegetation that is a traffic hazard because it impairs the view of a public thoroughfare or otherwise makes use of the thoroughfare hazardous. C. No owner or responsible party shall allow noxious vegetation to be on the property or in the right of way of a public thoroughfare abutting on the property. The owner or responsible party shall cut down or destroy grass, shrubbery, .brush, bushes, weeds or other noxious vegetation as often as needed to prevent them from becoming unsightly or, in the case of weeds or other noxious vegetation, from maturing or from going to seed. 2. Trees; Streets and Sidewalks a. No owner or responsible party shall permit tree branches or bushes on the property to extend into a public street or public sidewalk in a manner which interferes with street or sidewalk traffic. It shall be the duty of an owner or responsible party to keep all tree branches or bushes on the premises which adjoin the public street or public sidewalk, including the adjoining parking strip, trimmed to a height of not less than eight feet above the sidewalk and not less than ten feet above the street. b. No owner or responsible party shall allow to stand any dead or decaying tree that is in danger of falling or other- wise constitutes a hazard to the public or to persons or property on or near the property. C. The owner or responsible party shall keep a public street and/or sidewalk abutting their property free from earth, rock and other debris and other objects that may obstruct or render the street or sidewalk unsafe for its intended use. 3. Greenway Maintenance. a. The owner or responsible party shall be responsible for the maintenance of the property subject to an easement to the City or to the public for greenway purposes. Except as otherwise _ provided by this section, the standards for maintenance shall be as follows: (1) The land shall remain in its natural topographic condition. No private structures, culverts, excavations or fills shall be constructed within the easement area unless { authorized by the city engineer based on a finding of need in order to protect the property or the public health, safety or welfare; (2) No tree over five feet in height shall be removed unless authorized by the planning director based on a finding that the tree constitutes a nuisance or a hazard; (3) Grass shall be kept cut to a height not exceeding ten inches, except when some natural condition prevents cutting. b. In situations where the Approval Authority establishes different standards or additional standards, the standards shall be in writing and shall be recorded. No person shall be found in violation of this section of the Code unless the person has been given actual or constructive notice of the standards prior to the time the violation occurred. 4. Open Storage of Junk. No person or responsible party shall deposit, store, maintain or keep on any real property, except in a fully enclosed storage facility, building or garbage receptacle, any of the following: a. An icebox or refrigerator, or similar container which seals essentially air tight, without first removing the door; b. Inoperable, partially dismantled automobiles, trucks, bus trailers or other vehicle equipment or parts thereof in a state of disrepair for more than ten calendar days as to any one automobile, truck, bus, trailer or piece of vehicular equipment; C. Used or dismantled household appliances, furniture, other. discards or junk for more than five days. S. Attractive Nuisances. a. No owner or responsible party shall permit on the property: (1) Unguarded machinery, equipment, or other devices which are attractive, dangerous, and accessible to children; (2) Lumber, logs, building material or piling placed or stored in a manner so as to be attractive, dangerous, and accessible to children; (3) An open pit, quarry, cistern, or other excavation without safeguards or barriers to prevent such places from being used by children; or (4) An exposed foundation or portion of foundation, any residue, debris or other building or structural remains for more than 30 days after the destruction, demolition or removal of any building or portion of the building. b. This section shall not apply to authorized construction projects with reasonable safeguards to prevent injury or death to playing children. 6. Scattering Rubbish. No person shall deposit upon public or private property any kind of rubbish, trash, debris, refuse, or any substance that would mar the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the property, or would be likely to injure a person, animal, or vehicle traveling upon a public way. Section 6. Nuisances Affecting the Public Peace. 1. Noise. a. Definitions. For purposes of this section, the following mean: (1) Ambient Noise. The all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far. (2) Noise Sensitive Property. Zeal property on which people normally sleep and, in addition, schools, churches, hospitals and public libraries. b. No person shall operate a motor vehicle in such a manner or at such a location as to cause the noise created by the vehicle to cause the ambient noise level specified in subsection (d) of this section, as measured at a point located 25 feet from t the noise-sensitive structure toward the noise source. C. Except as may be expressly allowed pursuant to the provisions of Section 8, no person shall cause or permit noise to emanate from the property under his or her control so as to cause the ambient noise level at the nearest noise-sensitive property to exceed the levels set forth in subsection (d) of this section, as measured at a point located 25 feet from the noise-sensitive structure toward the noise source. d. Allowable noise limits are as follows: Time Maximum noise level, DBA 7 a.m. - 10 p.m. 60 10 p.m. - 7 a.m. 55 ` e. The restrictions imposed by subsections (b) , (c) And (d) of this section shall not apply to the following: PP y 9= (1) Emergency equipment not operating on a {' regular or scheduled basis; (2) Noise emanating from the Pacific Highway, Highway I-217 and Highway I-5; (3) Sounds originating on construction sites and reasonably necessary to the accomplishment of work in progress; provided, however, that no construction work may be carried on between the hours of. 9 p.m. and 7 a.m. , except for bona fide emergencies where the public health or safety is threatened or when a special. permit, granted by the City Council, has been first obtained. Any such special permit may be granted by the City Council only after first having held a hearing and having otherwise followed the administra- tive procedures contained in Chapter 18.32 of this Code; (4) Emergency repair equipment not operated on a regular or scheduled basis; and (5) Lawn, garden or household equipment associated with the normal repair, upkeep or maintenance of property. f. No person shall operate within the city limits of the city of Tigard a motor vehicle exhaust-braking system, commonly known as a "jake brake. " For the purposes of this subsection, the exceptions set forth in subsection (e) of this section shall not apply, and this section shall be read as an absolute prohibition of the operation of such motor vehicle braking systems within the city of Tigard. g. No person shall cause or permit noise to emanate from sound amplifying equipment under their control so as to cause the ambient noise level to exceed 60 DBA at any distance 100 feet 4-g or more from the source between the hours of 7 a.m, and 10 p.m. and 55 DBA 100 feet from the source between the hours of 10 p.m. and 7 a.m. h. Penalty. (1) Failure to abate the nuisance within the time allowed for the abatement shall constitute a Class 1 Civil Infraction which shall be processed according to the procedures established in the Civil Infractions Ordinance, Sections 1 through 11. (2) Each violation of a separate provision of this section shall constitute a separate infraction, and each day that a violation of this section is committed or permitted to continue shall constitute a separate violation. (3) A finding of a violation of this section and imposition of a civil penalty shall not relieve the respon- sible party of the duty to abate the violation, except where the City has acted to create the nuisance. In such a situation, the responsible party shall be liable for the costs. (4) If a provision of this section is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this section. Section 7 . RESERVED Section 8 . Permits Required. 1. Permits Required for Certain Events Using Amplified Sound. a. The use of amplified voice and music at levels � t S which would otherwise exceed those permissible under Section 6 (1) may be allowed upon application to the city administrator. Application for an amplified sound permit shall be made to the city administrator on forms prepared by the City. The applicant shall identify the date, location and time of the event for which the permit is sought, and shall provide an estimate of the duration of the event. b. In the case of a series of similar events (for example, a s�.ason's high school football games) to be conducted at the same location, the city administrator may, in his discretion, issue the permit in a form extending to cover the entire series. In that event, the permit shall be subject to the administrator's withdrawal at any time. C. The city administrator shall grant a permit in any instance in which the event and its accompanying noise will not, in his judgment, interfere unreasonably with the peace of those likely to be affected by the noise. In making this judgment, he shall take into account the nature of the surrounding properties and the benefit to the community of the event for which the application is made. d. The city administrator may submit any question arising with respect to this section to the city council, and if any member of the city council requests its submission to the council, any such question shall be heard by the council. In either event, the decision of the city council shall be final. e. No permit authorized by this section shall give the applicant the right to cause or permit sound to emanate from r ' the property on which the event is held so as to cause the ambient noise level at the nearest noise-sensitive property to exceed 55 DBA after the hour of 11:00 p.m. Section 9. Penalty. Except as otherwise provided in this _ chapter 1. A violation of this c .apter shall constitute a Class 2 Civil Infraction which shall be processed according to the procedures established in the Civil Infractions Ordinance, Sections 1 through 11. Notice to abate the nuisance shall be a prior contact. 2. Each violation of a separate provision of this chapter shall constitute a separate infraction, and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate infraction. 3. A finding of a violation of this chapter shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. 4. If a provision of this chapter is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this chapter. f E;CHIBIT "D" DRAFT A'O. DA TE.- CHAPTER F:CHAPTER 7.42 NUISANCE ABATEMENT PROCEDURES Section l: Title Section 2: Purpose Section 3: Definitions Section 4 : Abatement Procedures A. Reporting B. Review of Facts; Sufficiency of Evidence C. Notice Section 5 : Abatement by a Person Responsible Section 6. Abatement by the City Section 7 : Assessment of Costs and Entry of Lien Section 8 : Abatement: Joint Responsibility Section 9 : Abatement: Noxious Vegetation Section 10: Other Methods of Collections of Costs Repeal 7.40. 060 C NUISANCE ABATEMENT PROCEDURES Section 1. Title. This ordinance shall be known as the "Nuisance Abatement Procedures" and may also be referred to herein as "this chapter. " Section 2. Purpose. The purpose of this chapter is to establish procedures for the abatement of a nuisance, including nuisance abatement procedures and summary nuisance abatement procedures. Section 3. Definitions. For the purpose of Sections 1 through 10 of this chapter, the following terms shall mean: 1.. Code enforcement officer. The designee or designees appointed by the Director of Community Development. 2. Responsible party. The person responsible for curing or remedying a nuisance, which includes: a. The owner of the property or the owner' s manager or agent or other person in control of the property on behalf of the owner; b. The person occupying the property including bailee, lessee, tenant or other person having possession; C. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist or placed or allowed the object to exist on the property. Section 4. Abatement Procedures . 1. Reporting. All reports or complaints of nuisances covered by this chapter shall be made to the code enforcement officer. 2. Review of Facts; Sufficiency of Evidence. a. When a nuisance is reported to the code enforcement :n officer, the code enforcement officer shall prepare a statement of the facts and shall review the facts and circumstances surrounding the alleged nuisance against the Code provisions which apply to the alleged violation. b. The code enforcement officer shall not proceed further with the matter upon a determination that sufficient evidence does not exist to support the allegation that a nuisance exists or that it is not in the best interests of the City. 3. Notice. a. Except as otherwise provided by this Code, the code enforcement officer shall post a notice on the premises or at the site of the nuisance directing the responsible person to abate the nuisance when the code enforcement officer determines there is a code violation. b. At the time of posting, the code enforcement officer shall cause a copy of the notice to be forwarded by registered or certified mail to the person responsible at the person' s last- known address. If the person responsible is not the owner, an additional notice shall be sent by registered or certified mail to the owner, stating that all or part of the abatement costs not paid by the person responsible will be assessed to and become a lien on the property. The code enforcement officer may elect to have the notice served on the responsible party or owner rather than mailing the notice. C. The notice to abate shall contain: (1) A description of the real property by street address or otherwise on which the nuisance exists; �4 (2) A direction to abate the nuisance within ten days from the date of the notice; (3) A description of the nuisance and a reference to the ordinance or Code section number involved; (4) A statement that, unless the nuisance is removed, the CitY may abate the nuisance and the cost of abatement shall be charged to the person responsible or assessed against the property, or both; (5) A statement that the person responsible may protest the order to abate by giving notice to the code enforcement officer within ten days from the date of the notice; (6) A statement that failure to abate a nuisance may result in an abatement proceeding or the issuance of a ( civil infraction citation. d. on comAletion of the posting and mailing, the persons posting and mailing shall execute and file affidavits stating the date and place of the mailing and posting. e. An error in the notice mailed shall not make the notice void and, in such a case, the posted notice shall be sufficient. Section 5, Aba_-moment By A Person Responsible, "f• 1. Within ten days after the posting and mailing of the notice, a person responsible shall remove the nuisance or show that no nuisance exists. 2. A Person responsible protesting that no nuisance exists shall file with the code enforcement officer a written statement specifying the basis for protesting. The failure to file a } written statement waives any objection that the person may have to the finding that a nuisance exists or to the abatement of the nuisance by the City. 3. The statement shall be referred to the Council as a part of the Council' s regular agenda at its next succeeding meeting. It shall not be considered to be a public hearing and no notice shall be given to surrounding property owners. Testimony shall be limited to the code enforcement officer and the protestor. At the time set for consideration of the abatement, the person protesting may appear and be heard by the Council. The Council ' s determination shall be final. The Council, after hearing the matter, may determine that no nuisance exists, determine that a nuisance exists and order its abatement, impose conditions on the person responsible, or delay the time for abatement of the nuisance. A Council determination shall be required only in those cases where a written statement has been filed as provided. 4. A person responsible shall abate the nuisance within ten days after the Council' s determination that a nuisance does in fact exist, unless the Council has delayed the time pursuant to subsection 3. Section 6. Abatement by the City 1. The Council may cause the nuisance to be abated if the nuisance has not been abated by a person responsible within the time allowed. 2. The code enforcement officer shall have the right at reasonable times to enter into or upon property in accordance with law to investigate or cause the removal of a nuisance. 3. The finance director shall keep an accurate record of the costs incurred by the City in physically abating the nuisance. Section 7. Assessment of Costs and Entry of Lien. 1. The finance director, by registered or certified mail , postage prepaid, shall forward to the owner and the person responsible a notice stating: a. The total cost of abatement including the admini- strative overhead; b. The cost as indicated will be assessed to and become a lien against the property unless paid within 30 days from the date of the notice; and C. A written notice of objection may be filed with the city recorder not more than ten days from the date of the notice if the person responsible objects to the cost of the abatement as indicated. 2. On the expiration of ten days after the date of the notice, the Council, in the regular course of business, shall hear any timely objection and determine the the costs to be assessed. The Council' s determination shall be by written order. 3. An assessment of the costs as determined by the Council' s written order shall be entered in the City lien docket and shall constitute a lien on the property from which the nuisance was removed or abated if the costs of the abatement are not paid within 30 days from the date of the• iotice. 4. The lien shall be enforced in the same manner as liens for street improvements, and shall bear interest at the rate established by Council resolution at the legal rate of interest C established by Oregon Revised Statutes at the time the resolution is passed. The interest shall begin to run from the date of the entry of the lien in the lien docket. 5. The City may include in one foreclosure proceeding as many accounts as the City may have against separate properties for abating nuisances pursuant to this chapter, and may proceed to assess and collect single lot assessments against each of them in a single proceeding. 6. An error in the name of the person responsble shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property. Section 8. Abatement: Joint Res onsibilit . If more than one person is responsible, they shall be jointly and severally liable for abating the nuisance and for the costs incurred by the City in abating the nuisance. Section 9. Abatement: Noxious Ve etation. Whenever procedures are instituted to abate a nuisance defined under the Nuisance Ordinance, Section 5 (1) , the required mailings of notice may be performed by use of ordinary mail. The notice may be supplemented with a statement that the City, for a given fee, will cut the noxious vegetation at the written request of the person responsible. Section 10. Other Methods of Collection of - Costs. The costs assessed for abatement of a nuisance may be collected pursuant to state law. ,a. s EXHIBIT "E" FT NO. s ZONING VIOLATION PENALTIES 18.24.030 Penalty a. A violation of this title shall constitute a Class l Civil Infraction which shall be processed according to the procedures established in the Civil Infractions Ordinance, Sections 1 through 11. b. Each violation of a separate provision of this title shall constitute a separate infraction, and each day that a violation of this title is committed or permitted to continue shall constitute a separate infraction. C. A finding of a violation of this title shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City. d. If a provision of this title is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this section. MEMORANDUM CITY OF TIGARD, OREGON T'0: City Council September 17, 1985 FROM: Elizabeth A. Newton, Senior Planner 9 SUBJECT: Larry Scoville Temporary Use On August 26, 1985, the Tigard City Council voted to continue the public hearing on Larry Scoville's Temporary Use application request. Attached is a copy of the information and staff recommendation as submitted to you in your August 26, 1985 Council Packet. (EAN:br/1875P) 'y CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 26, 1985 AGENDA I I EM #: __,____„ DATE SUBMITTED: August 5, 1985 PREVIOUS ACTION: none ISSUE/AGENDA TITLE: Larry Scoville _ TU 5a-85 PREPARED BY: Elizabeth Ann Newton REQUESTED BY: Larry Scoville DEPARTMENT HEAD OK: Lydn __ CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Mr. Larry Scoville has filed an application for a Temporary Use Permit for one year to operate a car sales lot at 12885 SW Pacific Hwy. Concurrently, Mr. Scoville applied for approval for two months from the Planning Director. The Director approved the request for a two--month period from August 5, 1985 to October 5, 1985. A copy of the Director's approval is attached. Also attached is a memo from the Planning Staff outlining the Temporary Use approval criteria and copies of the information submitted by the applicant. ALTERNATIVES CONSIDERED 1. Review the standards for approval of Temporary Use permits and approve the applicant's request. 2. Review the standards for approval of Temporary Use permits and deny the applicant's request. SUGGESTED ACTION Approve the applicant's request for a Temporary Use Permit for one year with conditions as outlined by staff. (EAN:pm/1696P) MEMORANDUM ( C TY OF TLGARD, OREGON TO: City Council August 6, 1985 FROM: Planning Staff SUBJECT: Larry Scoville TU 5a-85 Mr. Larry Scoville has requested a Temporary Use Permit for one year to allow car sales on a temporary basis in a General Commercial zone. The property is located at 12885 SW Pacific Hwy. According to the information submitted by the applicant, approximately 4 to 8 vehicles (all 1980 and newer) will be displayed on the site. The only signs on the site will be on the individual vehicles. There will be no attendant on the property. Under the provisions of Chapter 18.140, the Council may approve a Temporary Use permit subject to the following: (1) Approval of the request shall be for a period not to exceed one year from the date of final approval; (2) The Council makes findings that all of the applicable approval criteria have been satisfied or can be satisfied through conditions of approval; (3) Notice shall be given as provided by 18.32.130; and (4) The approval may be subject to one renewal. The applicant is requesting approval for one year. Notice was given as provided by Section 18.32.130. The applicable approval criteria is as follows: (1) Approval or approval with conditions shall be based on findings that all of the following criteria are satisfied: (A) The temporary use is limited in duration by the purposes for which the permit is sought, such as parade stands, circus, fairs, or other exhibitions, sales of goods, wares, merchandise, produce, or t Christmas trees, and other similar temporary needs; t (8) There exists adequate and safe ingress and egress when combined with the other uses of the property as required by 18.108 Access and 18.102 Clear Vision. (C) There exists adequate parking for the customers of the temporary use as required by 18.106 Off—Street Parking. (D) The use will pose no hazard to pedestrians in the area of they use; and (E) The use will not create adverse offsite impacts including noise, odor's, vibrations, glare or lights which will affect the adjoining uses in the manner which other uses allowed outright in the zone would not affect the adjoining uses. The Temporary Use will be limited to one year and will involve the exhibition and sale of merchandise. There will be no access to the site from Pacific Highway. Access to the site will be from the adjoining Chevron Station property. In addition, the management of the Chevron Station has granted permission for customers of the car lot to park in designated spaces on the Chevron lot. The applicant's use as proposed does not pose any hazards to pedestrians. The use will not create adverse offsite impacts including noise, odor's, vibrations or lights. If the City Council approves the applicant's request, staff requests that the following conditions be attached to the approval: (1) The permit shall be valid until August.W, 1986. (2) The applicant shall obtain a City of Tigard Business Tax. (3) All areas to be used for parking of display vehicles shall be gravel. (4) Any signs used to indicate parking and no parking areas or to indicate the identification and location of the business shall be approved ` through the Building Department. (EAN:pm/1696P) i �i CI1Y OF 1IGARD NOTICE OF DECISION TEMPORARY USE. TU 5b 86 APPLICATION: A request by Larry Scoville for approval of a temporary use to allow operation of a used car sales lot from August 5, 1985, to October 5, 1985, at 12885 SW Pacific Highway, Tigard (Washington County Tax Map 2S1 280 Tax Lot 2000). The property is zoned C-G. DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above application subject to certain conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background No other applications have been processed on this property. 2. Vicinity Information General retail commercial uses abut the property on the north, west, east, and across Pacific Highway to the south. �- 3. Site Information and Proposal Description The applicant wishes to establish a lot for the sale of used cars. The applicant has concurrently applied for Temporary Use approval for one year from City Council. Access to the lot is available from the Chevron station on the corner of Pacific Highway and Walnut. In addition, parking will be available on the Chevron lot. The applicant has agreed to gravel the portion of the lot where cars will be parked. 4. Agency and NPO Comments Commenting agencies have no objections to the proposal. B. ANALYSIS AND CONCLUSION - The proposed activity is consistent with the approval criteria set forth in Section 18.114.050 C. of the Code. The use will be temporary; safe access and adequate parking is available; no hazards to pedestrians are apparent; and no adverse off-site impacts are anticipated. NOTICE OF DECISION - TU 5b--85 PAGE 1 t; DECISION Temporary Use Permit lU 5h-85 is approved subject to the fo]lnwing conditions: 1. This permit is valid until October 5, 1985. 2. A City of Tigard Business Tax permit shall be obtained by the applicant. 3. All areas to be used for parking of vehicles on the site shall be gravel. 4. Any signs used will need to be approved through the Building Department. 0. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant 6 owners XX Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected governmental agencies 2. Final Decision: THE DECISION SHALL. BE FINAL ON Auaust 5, 1985 UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 4:30 P.M. Auqust 5., 1985. 4. Questions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 12755 SW Ash, PO Box 23397, Tigard, Oregon 97223, 639-4171. 7/26/85 William A. Monahan, Director of Community Development DATE APPROVED _(KSL:dmj/1666P) 5b--85 PAGE T_ NOTICE "OF DECISION - TU -,COLUMBIA WHOLESALE 21444 S.W. 90TH CT. TYALATIM, OR 97062 1503) 692-4119 a ar-Tr-^, a+�a.�MT,� -•a iA M �.. -, - PURP03B t 30 dispZe%T approximately 4 to 8 vehicles (all x.980 -and newer) `!or the purpose o! 'ealea. All sighs will be on iach*ehiele and there will be no attendent on the property. =t VP♦ Y - a•,,,,�Q��.. ` �Tr�t .Y•• .a, air S`` . ��Y 7W.;�T r _ '�i.sf�� fir � f7j rk'N'��•G' - ... tf.' J��r('•'i '.�II r .' r v x an ;.ate �- i a-...� � •: . i." `'hr'- .. ,4 R, z ; i•ri _r[=•+.•'oy��C. - -t` - r � •� � —� -�: z " __ - � S� 4 ..ems y�•tr�$ `�:��x%1�_: . . .. ♦ r�,6a s..=. � yi :, ° r�. ;•F•nM!1�!4li1Wf�._a�f1R'�'a•u; -4° - I , - I � Af— co L a z7_/ l.-O rT I q�•. . a s CM 777 a. CITYOFTIFARD WASHR TION COUNTY,OREGON September 9, 1985 Tarry Scoville 21444 S.W. 90th Court Tualatin, OR 97062 Dear Mr. Scoville: The Public Hearing on your Temporary Use request was opened on September 4, and at your request, was continued until September 23rd, 1985. The meeting will be held at Fowler Junior High, 10865 SW Walnut, Tigard, Oregon at 7:30 p.m. You may receive further information as to time the continued hearing is set if you wish by calling in to City Hall on Thursday or Friday before the 23rd. I hope this notice is sufficient to make your plans. Sincerely , Af4t*t-4- Donna Corbet Executive Secretary / cc: Loreen Wilson, Deputy City Recorder ✓ 12765 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 cd 9fa3�gs COLUMBIA WHOLES&LE 21444 S.W. 90TH CT. TUALATIN, OR 97062 (503) 692-4119 September 23, 2985 To Whom Zt May Concern: As per Temporary Use Permit TV5b - 85 enclosed are the following: A. Copy of Business Tax Receipt B. Copies of Gravel Receipt (See enclosed picture) The following has been done in addition to the above: A. Survey completed in order to install a fence on uphill side at future date. B. All seeds have been sprayed once to no avail and will be sprayed again and additional gravel applied. C. Front sidewalk has been rid of weeds and swept. Our intent is strictly to display late model autos for inspection and sale. No one will be on the premises on a full time basis. Ile intend to keep the area neat and clean at all times and the congestion to a minimum. youW- co ,awrence ille IN,, f�. •g• " lq TICKETG�t�7 t " NUMBER F � ®" C �4VEL ANG. e TONOUIN AND STAFFORD QUARRIES ~� `z 0.01 BOX 413 +'TUALATIN.PRE ON 97082 : PHONE 692-1$00 . TICKET NO.: 42497 MISC. ..C.0 D. CUSTOMER Y x DATE: 08/X2185 ` SOLD TOZY, TIME: 11:45:09 ORDER NO.'' .LOB NO.: 98330 , toa SOQY ILL E' LARRY TRUCK NO.: 215 f o�Liv>:Rro�SH. WAi:1tT= LOAD TIME: 0005:00 (AV) r N 7.25 74.53 4 240 'zz _00 . ,207 0. 13.3? 10.2 3/�3 O j r _ It If C.O.D. +1 It ytf MAKE CELlYERIES 1Nil0E THE CURB WNE AND ON THE LOT AT CUSTOMER'S RISK ONLY AND ACCEPT NO RESPONSIIII WHATSOEVER FOR OAMAOES REWRTINO fRQM gypN DEi1YER1E5<ALi CLAIMSFOR. lORTAOE3 11 NjUST SE MADE IN WRMNGWITHIN S DAYS FROM DATE OF DELIVERY.FREE UNLOADING Y aIGIf O!°!Q 1AINttTt?S FORA SINGLE T!'tUCr AND ZO MINUTES FOR A TRUCK AND TRAILER!3 ALLOWED.EXCESS TIME WILL BE CHAROEOAT EXgTIlt1G RAYEB y - CUSTOMER c 5 '4 �a :R �k 7—mr 17 — TiGARQ IR 1N0ICE SAND. &' GRAVEL CO., INC. 8357� NO. P.0,13=4f3 TUALATIN,OREGON 97062 DATE 06/15/85 _PHONE 692-ISM CRUSHED ROCK - FILL MATERIALS - SAND JOB NO. 9$'30 ORD r 40098 -� ER N0. MISC. C.O.D. 'CUSTOMER SCOVILLE, LARRY SW WALNUT CHEVRON STATION a TERMSa No Dismount-Not 10th Prox. TQ=TONQUIN QUARRY 21455 S.W.120th Ave. SQ=STAFFORq QUARR{�,Gage ROad y DATE PRODUCT QUANTITY QUANTITYmiry CUBIC YARDS TONS SOURCE w csm UNIT PRICE -TOTAL 06/12185 3/4" --0 11.00 14.30 TO x 7.25 79.75 TOTAL--- $79.75 4 Yll t WR - CUSTOMER'S COPY 0 57 { BUSINESS TAX RECEIPT o. 7 510 12755 S.W.ASH AVE. -P.0 -BoX 23397 `.TIGARO,OR 97223 SCHEDULE: D _ EXPIRATION DATE: 3/31186 ���� ANNUAL FEE: $40.00 -TYPE OF l USINESS: fholasale—RutO Broker- BUSINESS PHONE: 692-4119 NAME: COLUMBIAWHOLESALE OWNER'S NAME: Lawrence Scoville ADDRESS: 12865 SW Pacific Highway OWNER'S ADDRESS: 21444 SW 90th Court Tfgard, OR 97223 Of different from businm)rualatin, OR 97062 'CHI$AECEtf T MUST BE POSTED 1N A Ct1NOPICUOUS PLACE AT THE BUSINESS ADDRESS. NOT TRANSFERABLE. a y� x r w• CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 23, 1985 AGENDA ITEM #: DATE SUBMITTED: September 18, 1985 PREVIOUS ACTION: 8/19/85 Council Set ISSUE/AGENDA TITLE: Public Hearing Date For Public Hearing A Street Vacation Located At Tigard PREPARED BY: Loreen Wilson Street (near SW Grant) REQUESTED BY: Randy Clarno DEPARTMENT HEAD OK: 0140 CITY ADMINISTRATOR: POLICY ISSUE Council initiated Street Vacation request - consistent with Council policy as adopted by Resolution No. 85-30. INFORMATION SUMMARY On 8-19-85 Council passed Resolution No. 85-61 to call for public hearing on Council initiated request to be held at 7:30 PM on 9/23/85. Engineering staff requested a Council initiated vacation to return 10 feet of property to Mr. Gregory Mull which was dedicated in error. Planning Commission recommended approval. Engineering Division has also recommended approval without conditions. The hearing was published in the Tigard Times according to City and State requirements and all abutting and affected property owners have been notified by mail. ALTERNATIVES CONSIDERED 1. Approve street vacation request, as shown, by ordinance, to be hand-carried on 9/23/85, to be adopted on 9/30/85. 2. Approve street vacation request, with amendments, by ordinance and direct staff to prepare. 3. Request staff to prepare resolution denying proposed vacation based on objections and remonstrances received during the public hearing. SUGGESTED ACTION Staff recommends alternate #1. Motion should be: "Move to approve street vacation request as presented and request ordinance be scheduled for adoption at Council meeting of 9/30/85". lw/3214A �9 v tau► / �'�"o` � \��a'- /G9.Pv l0 ib 0. �iy,�•8 6 �. N h N N N p laq UIlk � Q MEMORANDUM CITY OF TIGARD, OREGON TO: Tigard City Council September 19, 1985 FROM: Keith Liden, Senior Planner -- SUBJECT: Proposed Street Vacation On September 10, 1985, the Planning Commission reviewed the proposed street vacations on Tigard street, Walnut Place, 74th Avenue, 122nd Avenue, Clinton Street, and 67th Avenue. The Commission recommends approval of the vacation requests provided that legal access is retained for all properties involved. (KL:br/1881P) a September 18, 1985 PUBLIC WORKS DIRECTOR'S REPORT ON PROPOSED VACATION OF A PORTION OF SW TIGARD STREET JUST NORTHWEST OF SW GRANT AVENUE. The Engineering Division recommends the vacation known as "SW Tigard Street" just northwest of SW Grant Street be approved without condition. This recommendation is based on findings that (a) there is no effect on traffic, pedestrian or bicycle circulation. No response was received from fire or police relative to response time. Drainage in the area can be adequately provided for without use of the portion of the subject street. No response was received from any utility company relative to existing or proposed facilities; (b) the proposed vacation is not contrary to the transportation element of the Comprehensive Plan; and (c) is not contrary to the Capital Improvements. Plan. (RC:pm/3224A) w......n.:_.. ,w�`m, ..xa m: ., �-.-.,_ ... ,. .^tee,..-....,,,,, .__ .:_ .,. ._ ,r a. :..•mak�.a�..;�m4 1., „6b ,off nps shah'*,; CITY OF TIGARD, OREGON ORDINAN( _ NO. 85- A 10 WIDE FOOT PORTION OF SW TIGARD STREET NEAR GRANT AN ORDINANCE VACATING AVENUE AND DECLARING AN EFFECTI WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 25.08.040 of the Tigae-d Municipal Code; and n this parcel WHEREAS, the reason and purpose oh vacation amore landwasdedicated for along SW Tigard Street to the propert y owner right--of-way purposes than was necessary; and WHEREAS, the vacation is recommended by the Planning Commission and the City Engineer; and WHEREAS, in accordance with ORS 271-100, and Council fixed a time and place for public M heari g Section and 5 the 2Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation affected area, as described in ORS 271.080; and area and all owners in the WHEREAS, the Council, having held a hearing on September 23, 1985, finds no objections were made or filed hereto as provided by ORS 271.120 and TMC Section 15.09.130; and ( WHEREAS, the Council finds that it is in the public interest to approve the request to vacate a 10 foot wide parcel of land on SW Tigard Streetnear n Grant g or Avenue because no objections or remonstrances were filed by affected property owners or by utility providers and other interested parties; and WHEREAS, the Council finds that the following condition is necessary to vacate said land: This vacation shall not be effective until the effective date of this ordinance and it shall be not tthe effective Washir►yhis ton until County certified assessorand ordinance has been recorded with surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Tigard City Council hereby orders the vacation of that portion of SW Tigard Street as described on the attached Exhibit "A" and shown on the attached Exhibit "B", and by this reference made parts hereof. ORDINANCE NO. 85- Page 2 Section 2: The Tigard City Council further orders that the vacation be subject to the following condition: t This vacation shall not be effective until the effective date of this ordinance and it shall not be effective until a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor and Surveyor. Section 3: In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council and approval by the Mayor. PASSED: By vote of all Council members present after being read by number and title only, this day of 1985. Deputy City Recorder — City of Tigard APPROVED: This day of 1985• Mayor — City of Tigard ORDINANCE NO. 85- Page 2 1w0321461 "MULL" STREET VACATION EXHIBIT "A" A portion of that certain tract of land located in Lot 60 in the Amended Plat of North Tigardville Addition, a plat of record, in the Northwest Quarter of Section 2, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon conveyed to Gregory S. Mull and George E. Mull by a deed recorded as Document No. 83-015320 in the Deed Records of said County, said portion being more particularly described as follows: Beginning at a point on the east line of said Mull tract that bears South 16000'00" West 10.03 feet from the northeast corner thereof, thence on said east line South 16000'00" West 10.00 feet to a point that is 20.00 feet distant, when measured at right angles, from the South line of SW Tigard Street (County Road NO. 767), thence parallel with said South line North 64049'00" West 61.69 feet to the West line of said Mull tract, thence on said West line North 20046'00" East 10.03, thence parallel with the South line of said Tigard Street South 64049'00" East 60.85 feet to the place of beginning. (RSC:pm/1584P) *fix �� 4 Alp opp^q a N ry e a rc A,- ~l�cCvsi.A�lCbP sV 7-1 Inzo loo ti r, . F CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 23, 1985 AGENDA ITEM #: DATE SUBMITTED: September 18, 1985 PREVIOUS ACTION: 8/19/85 Council Set ISSUE/AGENDA TITLE: Public Hearing Date For Public Hearin Street Vacation Located At Walnut PREPARED BY: Loreen Wilson Place (At 99W) REQUESTED BY: Bob Hudson/Tovin Co. DEPARTMENT HEAD OK: T1✓ _ CITY ADMINISTRATOR: a� POLICY ISSUE Council initiated Street Vacation request - consistent with Council policy as adopted by Resolution No. 85-30. INFORMATION SUMMARY On 8--19-85 Council passed Resolution No. 85-52 to call for public hearing on Council initiated request to be held at 7:30 PM on 9/23/85. Staff requested a Council initiated vacation to vacate right-of-way located on the corner of Walnut Place and 99W. Right-of-way division will be determined by Washington County. Planning Commission recommended approval. Engineering Division has also recommended approval with two conditions as set out below. The hearing was published in the Tigard Times according to City and State requirements and all abutting and affected property owners have been notified by mail. All fees have been paid in full. Condition 1: Access be prohibited on the west side of SW Walnut Place the entire length of the vacated area. Condition 2: A public utility easement be retained over the complete area proposed for vacation. ALTERNATIVES CONSIDERED 1. Approve street vacation request, as shown, by ordinance, to be hand-carried on 9/23195, to be adopted on 9/30/85. 2. Approve street vacation request, with amendments, by ordinance and direct staff to prepare. 3. Request staff to prepare resolution denying proposed vacation based on objections and remonstrances received during the public hearing. SUGGESTED ACTION Staff recommends alternate #1. Motion should be: "Move to approve street vacation request as presented and request ordinance be scheduled for adoption at Council meeting of 9/30/85". lw/3214A SyD/"HUDSON" STREET VACATION GENIri Abutting Jvncr:. Affected area boundary Affected Owners Hash. Co. Tax liap .. boundaries thst. l�� •� is isle /BOO 601 -dI ras•ss't M042 >O .. w. . •a o� ♦ �F v 1 i 4t ti s S.W. Pacific Highway8 vacation area sn - `'OIt Irt hj t scale100 �`/�, , � ,,C�• � r 4� i !�l.., .o•�� of1 o i6. s�• - — � s as•s�dt 0 1 1 le- ev esu arm t.iaR-0s"s*1101011010 t • v� S 'i.3,. MEMORANDUM ' CITY OF TTGARD, OREGON TO: Tigard City Council September 19, 1985 FROM Keith Liden, Senior Planner SUBJECT: Proposed Street Vacation On September 10, 1985, the Planning Commissionreviewed the proposed street vacations on Tigard street, ,Walnut Place, °74th Avenue, 122nd Avenue, Clinton Street, and 67th Avenue. The Commission recommends approval of the vacation requests provided that legal access is retained for all properties involved. (KL:br/1881P) :x je �r September 18, 1985 PUBIC WORKS DIRECTOR'S REPORT ON PROPOSED VACATION OF A PORTION OF SW WALNUT PLACE JUST SOUTH OF SW PACIFIC HIGHWAY. The Engineering Division recommends the vacation known as SW Walnut Place just south of Pacific Highway be approved with certain conditions. This recommendation is based on findirrIs that (a) there is no effect on pedestrian or bicycle circulation, however the State Highway Department has requested that access be prohibited on the west side of SW Walnut Place the entire length or this vacation. The Engineering Division agrees with this condition as it will have a positive inpact on traffic circulation when the property to the west if fully developed. No response was received from fire or police relative to response time and drainage in the area can be adequately provided for without use of the subject right-of-way. Responses were received from three utility companies relative to existing facilities within the proposed vacation. The location of these facilities is such that the Engineering Division recommends a public utility easement be retained over the complete area proposed for vacation; (b) the proposed vacation is not contrary to th.; transportation element of the Comprehensive Plan; and (c) is not contrary to the Capital Improvements Plan. (RC:pml3224A) CITY OF TIGARD, OREGON f - ORDINANCE NO. 85- AN ORDINANCE VACATING A PORTION OF SW WALNUT PLACE NEAR PACIFIC HIGHWAY AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to return this parcel along SW Walnut Place near Pacific Highway to the property owners to facilitate future development possibilities; and WHEREAS, the vacation is recommended by the Planning Commission and the City Engineer; and WHEREAS, in accordance with ORS 271.100, and TMC Section 15.08.110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described in ORS 271.080; and WHEREAS, the Council, having held a hearing on September 23, 1985, finds the public interest will not be prejudiced by the vacation as provided by ORS i- 271.120 and TMC Section 1.5.08.130; and WHEREAS, the Council finds that it is in the public interest to approve the request to vacate a parcel of land on SW Walnut Place near Pacific Highway because the public interest will not be prejudiced for vacation of transportation right-of-way; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: o Access be prohibited on the west side of SW Walnut Place the entire length of the vacated area. o The Street Vacation should be granted for transportation right-of-way purposes, however, a public easement for utility purposes *hall be retained over the entire area. o This vacation for transportation right-of-way purposes shall not be effective until the effective date of this ordinance and it shall be not effective until a. certified copy of this ordinance has been recorded with the Washington County clerk, assessor and surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 11: The Tigard City Council hereby orders the vacation for transportation right-of-way purposes of that portion of SW Walnut Place near Pacific Highway as described on the attached Exhibit "A" and shown on the attached Exhibit "9", and by this reference made parts hereof. ORDINANCE NO. 85- Page 1 Section 2: The T:9ard City Council further orders that the transportation right-of-way vacation be subject to the following conditions: o Access be prohibited on the west side of SW Walnut Place the entire length of the vacated area. o The Street Vacation should be granted for transportation right-of--way purposes, however, a public easement for utility purposes shall be retained over the entire area. O This vacation for transportation right-of-way purposes shall not be effective until the effective date of this ordinance and it shall be not effective until a certified copy of this ordinance has been recorded with the Washington County clerk, assessor and surveyor. Section 3: In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council and approval by the Mayor. PASSED: By vote of all Council members present after being read by number and title only, this day of 1985. Deputy City Recorder - City of Tigard t APPROVED: This day of 1985. Mayor - City of Tigard - ORDINANCE INIO. 85- Page 2 lwl3214A Peterson Land Surveying 2724 S.E. Sunflower Ct. t~ Hillsboro, Oregon 97123 (503) 64841959 - Off. • 648-3820 Res. PROPERTY DESCRIPTION: (PORTION) S.W. WALNUT PLACE FOR:CITY OF TIGARD DATE:JULY 8, 1985 LOCATION:WALNUT & PACIFIC HWY. JOB NUMBER:8506021 FOR IDENTIFICATION PURPOSES ONLY STREET VACATION FOR USE ON LEGAL INSTRUMENT A PORTION OF THAT CERTAIN TRACT OF LAND INa,FREWING TRACTS SUBDIVISION" , A PLAT OF RECORD IN SECTION2, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. , WASHINGTON COUNTY, OREGON, DEDICATED TO THE PUBLIC IN THAT CERTAIN DEDICATION RECORDED IN BOOK 529, PAGE 641, DEED RECORDS OF WASHINGTON COUNTY, OREGON, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHWEST RIGHT-OF-WAY OF THE DEDICATION MADE IN BOOK 529, PAGE 641, SAID DEED RECORDS AND THE SOUTHWEST RIGHT-OF-WAY LINE OF THE DEDICATION MADE IN DOCUMENT # 78-45491, SAID DEED RECORDS, WHICH POINT BEARS NORTH 45`50'00" EAST 119.50 FEET AND NORTH 43'50'00" WEST 55.64 FEET FROM THE SOUTHWEST CORNER OF LOT "C" , SAID SUBDIVISION, AND RUNNING THENCE ALONG THE SOUTHWEST RIGHT-OF-WAX LINE OF THE DEDICATION MADE IN DOCUMENT # 78-45491, 92.63 FEET ALONG A 99.83 FOOT RADIUS CURVE TO THE RIGHT (DELTA ANGLE = 53'09' 48" ) ; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE, 46.68 FEET ALONG A 50 .00 FOOT RADIUS CURVE TO THE LEFT (DELTA ANGLE 53029' 48") TO THE INTERSECTION THE SOUTHEAST RIGHT-OF-WAY LINE OF S.W. PACIFIC AVENUE; THENCE SOUTH 45'50'00" WEST, ALONG SAID RIGHT-OF-WAY LINE, 60.00 FEET TO A POINT ON THE SOUTHWEST RIGHT-OF-WAY LINE OF THAT CERTAIN DEDICATION MADE IN SAID BOOK 529, PAGE 641 ; THENCE SOUTH 43' 50' 00" EAST 119.86 FEET TO THE POINT OF BEGINNING. CONTAINING 3128 SQUARE FEET. REGISTERED PROFESSIONAL LAND�S/URVEYOR dR■GOi� Axy 11,ars .lOHNN M. PETERSON 1856 Subdivisions- Boundaries •land Partitions •Construction Staking PROPOSED "HUDSON" STREET VACATION ' LEGEND ` \a Abutting Ovrers MEMOS Vm� Affected area boundary Affected Owners —•—•—.—.— Mash. Co. Tax Hap boundaries v rt � .i•C.1 . oo .► + • ,tsa i� Vol to Vol ••s•s . uatl. L ■sr••a't •7saL Ilse. 1.. M. ' ea �' • � 'moo ., � � ''SJ "'�f .-P:., t 4t b MP 2SI 23D � /VOL tobat /, ! 6.01 at-- i t7tc11. *.Tons. �! $ S.W. Pacific Highway � -f----^ si- 71eatiot7 area asa* �' ! too 1 ; It ins ip 1'• "- A�- Scale: 1" 100' >. •S .t Jl J- 46 r SAV � I aal � �. C4 LACE ' a ^J v � ••N.f rft YI w�V i 1 � CITY OF TIGARD OREGON - COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 23, 1985 AGENDA ITEM #: + DATE SUBMITTED: September 18, 1985 PREVIOUS ACTION: 8/19/85 Council Set ISSUE/AGENDA TITLE: Public Nearing Date For Public Hearin Street Vacation Located At 74th Ave. PREPARED BY: Loreen Wilson (Near Cherry) REQUESTED BY: Western Intn'l Prop. DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE Council initiated Street Vacation request - consistent with Council policy as adopted by Resolution No. 85-30. INFORMATION SUMMARY On 8-19-85 Council passed Resolution No. 85-63 to call for public hearing on Council initiated request to be held at 7:30 PM on 9/23/85. Staff requested a Council initiated vacation to vacate righi-of--way located on SW 74th Avenue near its intersection with SW Cherry. Right•-of-way division will be determined by Washington County. Planning Commission recommended approval. Engineering Division has also recommended approval with one condition as set out below. The hearing was published in the Tigard Times according to City and State requirements and all abutting and affected property owners have been notified by mail. All fees have been paid in full. Condition: A public storm and sanitary sewer easement be retained across the northerly 20 feet of the proposed vacation area to accommodate the extension of the facilities to serve the Rolling Hills area. ALTERNATIVES CONSIDERED 1. Approve street vacation request, as shown, by ordinance, to be hand-carried on 9/23/85, to be adopted on 9/30/85. 2. Approve street vacation request, with amendments, by ordinance and direct staff to prepare. 3. Request staff to prepare resolution denying proposed vacation based on objections and remonstrances received during the public hearing. SUGGESTED ACTION Staff recommends alternate 01. Motion should be: "Move to approve street vacation request as presented and request ordinance be scheduled for adoption at Council meeting of 9/30/85". lw/3214A w. 1yY ti'CK61i t VACAT 1UN E ;.W. 74 Ch Avrttur' r 1 J cop N .J✓AC N a 20 370 n ^ _ TOA MONONA •tom~ o x y10 N s 370I OBA- 3300 400 A� ' x C N fs40 = ~ sus N ef•2�� \ S 21e.64aya99KlC N N+4e %v a/0 Z v Y ;. -vDRIVE, . +.e•t to o v e lm. C.1k. MO 2071 a W 24 W � +6 to so a � � K i t•� S e 00 uo sA R s� 43 � 0 $••j • d5W3 o N INITIAL s _ Z" p pitIT so 1„.N + SI 1<t iN1T1A4 a eo is ¢f�0 PQ14T tip+7ti!r t 21• Area to 4600 1 AC >l be vacated � q � o � � M sse.ew< St �_ 7eaes DRIVE • toe eT� 1 i71M ice` 1 e0 it Coll t 4 S70ae.it, dl .Se see to ST eAiMtY t�� 1 MEMORANDUM i CITY OF 'TIGARD, OREGON TO: Tigard City Council September 19, 1985 FROM: Keith Liden. Senior Planner SUBJECT: Proposed Street Vacation On September 10, 1985, the Planning Commission reviewed the proposed street vacations on Tigard street, Walnut Place, 74th Avenue, 122nd Avenue, Clinton Street, and 67th Avenue. The Commission recommends approval of the vacation requests provided that legal access is retained for all properties involved. (KL:br/1881P) September 18, 1985 PUBLIC WORKS DIRECTORS REPORT ON PROPOSED VACATION OF A PORTION OF SW 74TH AVENUE JUST SOUTH OF SW CHERRY DRIVE. The Engineering Division recommends the vacation known as "SW 74th Avenue" just south of SW Cherry Drive be approved with certain conditions. This recommendation is based on findings that (a) there is no effect on traffic, pedestrian or bicycle circulation, in that said SW 74th Avenue is undeveloped at the present time, and is not a part of any plan for future transportation needs. No response was received from fire or police relative to response time. Drainage in the area can be adequately provided for without use of the subject right—of-way, and no response was received from any utility company relative to existing or proposed facilities; however Engineering recommends that a public storm and sanitary sewer easement be retained across the northerly 20 feet of the proposed vacation to accommodate the extension of these facilities in serving the Rolling Hills area; (b) the proposed vacation is not contrary to the transportation element of the Comprehensive Plan; and (c) is not contrary to the Capital Improvements Plan. (RC:pm/3224A) CITY OF TIGARD, OREGON ORDINANCE NO. 85- AN ORDINANCE VACATING A PORTION OF SW 74TH AVENUE NEAR CHERRY DRIVE AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to return this parcel along SW 74th Avenue near Cherry Drive to Lhe adjacent property owner to facilitate future development possibilities; and WHEREAS, the vacation is recommended by the Planning Commission and the City Engineer; and WHEREAS, in accordance with ORS 271. 100, and TMC Section 15,08.110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described in ORS 271.080; and WHEREAS, the Council, having held a hearing on September 23, 1985, finds the public interest will not be prejudiced by the vacation as provided by ORS 271.120 and TMC Section 15.08.1.30; and WHEREAS, the Council finds that it is in the public interest to approve the request to vacate a parcel of land on SW 74th Avenue near Cherry Drive because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacatur said land: o The Street Vacation should be granted, however, a public easement for utility purposes shall be retained over the northerly 20 feet of the proposed vacation area. o This vacation shall not be effective until the effective date of this ordinance and it shall be not effective until a certified copy of this ordinance has been recorded with the Washington County clerk, assessor and surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Tigard City Council hereby orders the vacation of that portion of SW 74th Avenue near Cherry Drive as described on the attached Exhibit "A" and shown on the attached Exhibit "B", and by this reference made parts hereof. ORDINANCE NO. 85- Page 1 Section ,2: The Tigard City Council further orders that the vacation be subject to the following conditions: f o The Street Vacation should be granted, however, a public easement for utility purposes shall be retained over the northerly 20 feet of the proposed vacation area. o This vacation shall not be effective until the effective date of this ordinance and it shall be not effective until a certified copy of this ordinance has been recorded with the Washington County clerk, assessor and surveyor. Section 3: In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council and approval by the Mayor. PASSED: By vote of all Council members present after being read by number and title only, this day of 1985. Deputy City Recorder — City of Tigard APPROVED: This day of 1985. Mayor — City of Tigard ORDINANCE NO. 85— Page 2 lw/3214A O 02DAVID cvAns FlnD A330CIATC3 , inc. 2626 5W CORBETT AV(nU( PORT LWI().ORE(.on 97201 503/223-6663 September 10, 1984 File No. WIP016 S.W. 74TH AVENUE VACATION OF A PORTION OF RIGHT-OF-WAY A tract of land situated in the Southeast one-quarter of Section 1, Township 2 South, Range 1 West of the Willamette Meridian in the City of Tigard, Washington County, Oregon, described as fol- lows: Beginning at the Southeast corner of Lot 43, Rolling Hills No. 2 , a duly recorded plat, which point lies in the West line of S.W. 74th Avenue; thence South 88030124" East, 10 feet, more or less to the true point of beginning; thence South 88°30'24" East, 40 feet, more or less to the East line of S.W. 74th Avenue; thence along said East line, South 01025141" West, 44.63 feet to the present terminus of S.W. 74th Avenue, which point lies in the North line of Lot 2, Tech Center Business Park, a duly recorded plat; thence along said North line, North 88*30' 24" West, 40 feet, more or less, to the West line of S.W. 74th Avenue; thence along ` said West line, North 01025' 41" East, 44. 63 feet to the true point of beginning. Containing an area of 1785 square feet or 0.041 acres, more or less. i i-,ox :i*mLt:i VACATION ,S.W. 74 cn AV( Soo nus It fir • 25� � lG 0=2 3400 :A Nw cow c - zo 370 s Z - aa 70A « Atli.A1iil8�0 N it -ew e ® 37p1 330 33Q00 400ac ` `T7 .08A- CV __► ^ � Ti13 ,O li:a 4" 51 37 E . N»•,. a alo CHERRY ® a . . Nh i � 46 t. N it•24 M € i 96 99 a 1400 13rJ0 + ` Ii « AC � !•� f i CQ ias&. Co. Tax Ma C)• a;o �� c 2S1 IDC p _ • 0 y SM 0 42 43 0 N • • 0 'Is �,� Boundary of INITIAL s pec n~i 38+ affected a01rIT •N 1.7, area g �'E a' • Zso w 444 1!!.N •iX �' Abutting INITIAL N • s! Properties 46o P014T CDAffected Area to 4500 Properties be vacated C. .I 0 r M � NN 1 `- V r ,V Scale: 1"-100' •` 9 ' 't .1p• � s T{O.O, It aaisO DRIVE TECH CE RACT•C" R ., N {t•11 t {TON{,{{,Y {[• COR / Illi-OI CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 23, 1985 AGENDA ITEM #: DATE SUBMITTED: September 18, 1985 PREVIOUS ACTION: 8/19/85 Council Set ISSUE/AGENDA TITLE: Public Hearing Date For Public Hearin Street Vacation Located At 122nd _ PREPARED BY: Loreen Witson _ Avenue (near Greenway Center) REQUESTED BY: Great NW Management Co. DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE Council initiated Street Vacation request - consistent with Council policy as adopted by Resolution No. 85-30. INFORMATION SUMMARY On 8-19-85 Council passed Resolution No. 85-64 to call for public hearing on Council initiated request to be held at 7:30 PM on 9/23/85. Staff requested a Council initiated vacation to vacate right-of--way located on SW 122nd Avenue near Greenway Towne Center. Right-of-way division will be determined by Washington County. Planning Commission recommended approval. Engineering Division has also recommended approval without conditions. The hearing was published in the Tigard Times according to City and State requirements and all abutting and affected property owners have been notified by mail. All fees have been paid in full. Letter received in support of request is attached. ALTERNATIVES CONSIDERED 1. Approve street vacation request, as shown, by ordinance, to be hand-carried on 9/23/85, to be adopted on 9/30/85. 2. Approve street vacation request, with amendments, by ordinance and direct staff to prepare. 3. Request staff to prepare resolution denying proposed vacation based on objections and remonstrances received during the public hearing. SUGGESTED ACTION Staff recommends alternate #1. Motion should be: "Move to approve street vacation request as presented and request ordinance be scheduled for adoption at Council meeting of 9/30/85". lw/321AA I �+v n.r..e....�•.cam...�..r.r•e....r ssw s.a•�.o •:- - IG9 4 a ( 110 sr.N N•.Q •• ' �� S 6 J Builders ' Street Vacation 4-30-85 ' �� t1r•aw,ww� Bound • _f $ Ilg Affec •••sr x• 1 a +�` a •v s r�•sz'tWas Map •-c •wuc +aairs� . q•o0 S.W. = SPRINGWOOD 01 R Abutting 90022- 9CO24 �.op CD /W Affected Z 22 2�3 a► r --�' lU 9OCz0 21 120 20 23 19 IF AT 'aL Area to be 9009 V94�OtT ,� 18 •h,.: �:�Y. Vacated ► 7200 17 •.v! t�G � y i5 C14 13 90013 w `p t90045 V 90044 ` j R 09x— p��WK 0 90Qi2 ' I � 11 9 t 1t F 2 90006 GO�e ., `� I 9C0'04+ ' COAs N ey �d4; •�• � �a�s. �� � I IMI IQ WSW 6-ft COL C MIN Ny MEMORANDUM CITY OF TIGARD, OREGON TO: Tigard City Council September 19, 1985 FROM: Keith Liden, Senior Planner _ SUBJECT: Proposed Street Vacation On September 10, 1985, the Planning Commission reviewed the proposed street vacations on Tigard street, Walnut Place, 74th Avenue, 122nd Avenue, Clinton Street, and 67th Avenue. The Commission recommends approval of the vacation requests provided that legal access is retained for all properties involved. (KL:br11881P) C : September 18, 1985 PUBLIC WORKS DIRECTOR'S REPORT ON PROPOSED VACATION OF SW 122ND AVENUE BETWEEN SW SPRINGWOOD DRIVE AND SW 121ST AVENUE. The Engineering Division recommends the vacation known as "SW 122nd Avenue" between SW Springwood Drive (Court) and SW 121st Avenue be approved without condition. This recommendation is based on findings that (a) there is no effect on traffic, pedestrian or bicycle circulation, in that said SW 122nd Avenue is undeveloped at the present time, and is n,-,� a part of any plan for future transportation reeds. No response was received from fire or police relative to response time. Drainage in the area can be adequately provided for without use of the subject street, and no response was received from any utility company relative to existing or proposed facilities; (b) the proposed vacation is not contrary to the transportation element of the Comprehensive Plan; and (c) is not contrary to the Capital Improvement Plan. (RC-pm/3224A) Roger M.Belanich a ;'cam ° �P@m m - o ,r 811 Skinner Building,Seattle, Washington 98101 (206)623-6230 August 27, 1985 City of Tigard 12755 SW Ash PO Box 23397 Tigard, Oregon 97223 Attn: Loreen Wilson City Recorder Dear Ms. Wilson: - We will be unable to attend the public hearing regarding the SW 122nd Avenue Right-of-way Vacation hearing. We have no objections to the vacation. Ver s Roger M. Belanieh RMB:pkg CITY OF TIGARD, OREGON f ORDINANCE NO. 85— AN ORDINANCE VACATING A PORTION OF SW 122ND AVENUE NEAR GREENWAY CENTER AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to return this parcel along SW 122nd Avenue to the property owners to facilitate future development; and WHEREAS, the vacation is recommended by the Planning Commission and the City Engineer; and WHEREAS, in accordance with ORS 271. 1.00, and TMC Section 15.08.15.0, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described in ORS 271.080; and WHEREAS, the Council, having held a hearing on September 23, 1985, finds the public interest will not be prejudiced as provided by ORS 271.120 and TMC Section 15.08.130; and l WHEREAS, the Council finds that it is in the public interest to approve the request to vacate a portion of SW 122nd Avenue near Greenway Center because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following condition is necessary to vacate said land: This vacation shall not be effective until the effective date of this ordinance and it shall be not effective until a certified copy of this ordinance has been recorded with the Washington County clerk, assessor and surveyor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Tigard City Council hereby orders the vacation of that portion of SW Tigard Street as described on the attached Exhibit "A" and shown on the attached Exhibit "S", and by this reference made parts hereof. �6 r ORDINANCE NO. 85— Page 1 "V Section 2: The Tigard City Council further orders that the vacation be subject to the following condition: ' This vacation shall not be effective until the effective date of this ordinance and it shall not be effective until a certified copy of this ordinance has been recorded with the Washington County Clerk, Assessor and Surveyor. Section 3: In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council and approval by the Mayor. PASSED: By - vote of all Council members present after being read by number and title only, this day of 1985. Deputy City Recorder - City of Tigard APPROVED: This day of 1985. Mayor - City of Tigard r ORDINANCE NO. 85- Page 2 lw/3214A 4 Peterson land Surveying k 2724 S.E Sunflower Ct Hillsboro, Oregon 97123 (503) 648-4959 - Off. - 648.3820 Res. PROPERTY DESCRIPTION: (PORTION) S.W. 122nd AVE. FOR: CITY OF TIGARD DATE: JUNE 28, 1985 • LOCATION:BETWEEN 121st AND SPRINGWOOD JOB NUMBER: 8506020 FOR IDENTIFICATION PURPOSES ONLY STREET VACATION FOR USE ON LEGAL INSTRUMENT A PORTION OF S.W. 122nd AVENUE (COUNTY ROAD # 358) INGETHE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 1 SOUTH, WEST, W•M. , CITY OF TIGARD, WASHINGTON COUNTY, OREGON, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF "WOODSPRING CONDOMINIUMS", A PLAT OF RECORD IN SAID COUNTY, AND RUNNING . THENCE SOUTH 89052' 27" WEST , ALONG THE WESTERLY EXTENSION OF THE NORTH LINE THEREOF, 40.00 FEET TO THE WEST RIGHT—OF— WAY LINE OF SAID COUNTY ROAD #358; THENCE SOUTH 00'05'42" EAST 585.07 FEET; THENCE NORTH 89054'50" EAST 255.32 FEET TO THE INTERSECTION WITH THE WEST RIGHT—OF—WAY LINE OF S.W. 121st AVENUE; THENCE NORTH 00007133" WEST 40.00 FEET TO THE SOUTHEAST CORNER OF THE PLAT OF "WOODSPRING CONDOMINIUMS"; THENCE ALONG THE BOUNDARY THEREOF, SOUTH 89054' 50" WEST 215.30 FEET AND NORTH 00005'42" WEST 545.10 FEET TO THE POINT OF BEGINNING. CONTAINING 32016 SQUARE FEET, 0.735 ACRES. REGISTERED PROFESSIONAL. LAND SURVEYOR E REGON M. PETERSON 1856 Subdivisions Boundaries•Land Partitions-Construction Staking —now*00mm 3j tog 300 � Zoo ' •'�Ie. � � i RZ= Eby 110 S 6 J Builders Street Vacat,-011 oI 4-30-85 „I 3*0 ®®..,,,6,Buund Affec. .� • 119 Was 40 Map to s.W. 5 sPRiNGwooai Abutting It^� as C W 90022. 9W24 ' 32f CD Affected Z90J21 2 i 22 24 R 120 l3 9azo 23 : 20 •. :t to s s at't 9Ct`23 � v At .a7s• 19 900(9 Area to be ? `- Vacated 901 18 �. s 17 •Qi�,`�(� � 4. k 90CM6 �S b X16 ,,•.`�Oo�' 14 t3 90013 C 90015 V 90014 9000 ' 90002 I + 900091.. IQ� 12 90008 9 I I �• l., •� 9od� I 8 1c va t , ��9C0`00+ '?•COiit7w�s�ii'�N ts. .�`•. .N� 1 .1.x/ • ,QQ L CITY OF TIGARD. OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September_23f 1985 AGENDA ITEM DATE SUBMITTED: September 18, 1985 PREVIOUS ACTION: 8/19/85 Council Set ISSUE/AGENDA TITLE: Public Hearing Date For Public Hearin _ Street Vacation Located At SW 67th PREPARED BY: Loreen Wilson Avenue & Clinton Street REQUESTED BY: Jerry Cach _ DEPARTMENT HEAD OK: _ CITY ADMINISTRATOR: POLICY ISSUE Council initiated Street Vacation request -- consistent with Council policy as adopted by Resolution No. 85-30. - INFORMATION SUMMARY On 8-19-85 Council passed Resolution No. 85-65 to call for public hearing on Council initiated request to be held at 7:30 PM on 9/23/85. Staff requested a Council initiated vacation to vacate right-of-way located on SW 67th Avenue and Clinton Street near I-5. Right-of-way division will be determined by Washington County. Planning Commission recommended approval. Engineering Division has also recommended approval with two conditions as set out below. The hearing was published in the Tigard Times according to City and State requirements and all abutting and affected property owners have been notified by mail. All fees have been paid in full. Letter received expressed concern regarding vacation is attached. o Condition 1: A public ingress/egress easement be retained on SW 67th Avenue from the south line of SW Baylor Street to the north line of the State Highway Division's access control line. This easement should be 30 feet wide with 15 feet being on each side of the existing centerline. o Condition 2: A public utility easement be retained over the complete area proposed for vacation. ALTERNATIVES CONSIDERED 1. Approve street vacation request, as shown, by ordinance, to be hand-carried on 9/23/85, to be adopted on 9/30/85. 2. Approve street vacation request, with amendments, by ordinance and direct staff to prepare. 3. Request staff to prepare resolution denying proposed vacation based on objections and remonstrances received during the public hearing. SUGGESTED ACTION Staff recommends alternate #1. Motion should be: "Move to approve street vacation request as presented and request ordinance be scheduled for adoption at Council meeting of 9/30/85". lw/3214A PROPOSED VACATION OF { '� SW 67TH AVE & CLINTON ST IN Jnr SEC 36 TIS RIW, WM w WASHINGTON CO, QR a MAY 1985 SCALE I"=100' BAYLOR STREET 1 OD W $ CLINTON STREET rte``� • • .ter .r• is : •�: . 1 / INN � � hh c_ 3 WAST POFVTIA4� HEV--TATS Mf MORION1)l M tr 'A TY U! i IGORO, ORI t;t1N T0: Tigard City Council ''eptember 19, 1985 FROM: Keith Liden, Senior Planner _ SUBJECT: Proposed Street Vacation On September 10, 1985, the Planning Commission reviewed the proposed street vacations on Tigard street, Walnut Place, 74th Avenue, 122nd Avenue, Clinton Street, and 57th Avenue. The Commission recommends approval of the vacation requests provided that legal access is retained for all properties involved. (KL:brl1881P) i September 18, 1985 PUBLIC WORKS DIRECTOR'S REPORT ON PROPOSED VACATION OF A PORTION OF SW 67TH AVENUE, BETWEEN SW BAYLOR STREET AND SW DARTMOUTH STREET, AND SW CLINTON STREET, BETWEEN SW 67TH AVENUE AND SW 66TH AVENUE. The Engineering Division recommends the vacation known as SW 67th Avenue, between SW Baylor Street and SW Dartmouth Street (I-5 off ramp), and SW Clinton Street, between SW 66th Avenue and SW 67th Avenue be approved with certain conditions. This recommendation is based on findings that (a) there is no effect on traffic, pedestrian or bicycle circulation with the exception that several properties may be land-locked without access. To eliminate this problem the Engineering Division recommends that an easement for ingress and egress purposes, being 30 feet in width --- 15 feet each side of centerline, be retained on SW 67th Avenue from the south line of SW Baylor Street to the north line of the State Highway Divisions access control line. No response was received from fire or police relative to response time. Five utility companies responded with comments relative to existing facilities. To accommodate all of these requests and concerns the City has regarding public facilities, it is recommended that a public utility easement be retained over all that portion of land to be vacated; (b) the proposed vacation is not contrary to the transportation element of the Comprehensive Plan, and (c) is not contrary to the Capital Improvements Plan. (RC:pm/3224A) f • ' - Jv 7 '�''� �'ek;�e� i 'r ALTERNATE A CITY OF TIGARD, OREGON ORDINANCE NO. 85- AN ORDINANCE VACATING A PORTION OF SW 67TH AVENUE AND CLINTON STREET AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to return the area within SW 67th Avenue and Clinton Street to the adjacent property owners to facilitate future development possibilities; and WHEREAS, the vacation is recommended by the Planning Commission and the City Engineer; and WHEREAS, in accordance with ORS 271.100, and TMC Section 15.08.110, the Council fixed a time and place for the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described in ORS 271.080; and WHEREAS, the Council, having held a hearing on September 23, 1485, finds the public interest will not be prejudiced by the vacation as provided by QRS 271.120 and TMC Section 15.08.130; and WHEREAS, the Council finds that it is in the public interest to approve the request to vacate a portion of SW 67th Avenue and Clinton Street because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: o A private ingress/egress easement be retained on SW 67th Avenue from the North line of SW Clinton Street 15 feet on both sides of the existing centerline to the North lot line of lot 3700 on Washington County Tax Map 1S1 3600. o A private ingress/egress easement be retained on SW 67th Avenue from the South line of SW Clinton Street 15 feet on both sides of the existing centerline to the South lot line of lot 5300 on Washington County Tax Map 1Sl 36DD. o The Street Vacation should be granted for transportation right-of-way purposes, however, a public easement for utility purposes shall be retained over the entire area. o This vacation for transportation right-of-way purposes shall not be effective until the effective date of this ordinance and it shall be C2 not effective until a certified copy of this ordinance has been recorded with the Washington County clerk, assessor and surveyor. ORDINANCE 1110. 85- eS�- Ap Page 1 THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Tigard City Council hereby orders the vacation for transportation right-of-way purposes of that portion of SW 67th Avenue and Clinton Street as described on the attached Exhibit "A" and shown on the attached Exhibit "B", and by this reference made parts hereof. Section 2: The Tigard City Council further orders that the vacation be subject to the following conditions: o A private ingress/egress easement be retained on SW 67th Avenue from the North line of SW Clinton Street 15 feet on both sides of the existing centerline to the North lot line of lot 3700 on Washington County Tax Map 1S1 3600. o A private ingress/egress easement be retained on SW 67th Avenue from the South line of SW Clinton Street 15 feet on both sides of the existing centerline to the South lot line of lot 5300 on Washington County Tax Map 1S1 36DD. o The Street Vacation should be granted for transportation right-of--way purposes, however, a public easement for utility purposes shall be retained over the entire area. o This vacation for transportation right-of-way purposes shall not be effective until the effective date of this ordinance and it shall be not effective until a certified copy of this ordinance has been recorded with the Washington County clerk, assessor and surveyor. Section 3: In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council and approval by the Mayor. PASSED: By vote of all Council members present after being read by number and title only, this day of 1985. Deputy City Recorder - City of Tigard APPROVED: This day of 1985. Mayor - City of Tigard ORDINANCE NO. 85- Page 2 lw/3214A LEGA1 Of SCRIPT ION f OR VACATION 01 ETRE F tOR if RR11 CASN A parcel of land in the plat of .lLSi PORTLAND HLIGHTS, Washington County , Oregon; the said parcel being a portion of S.W. 67th Avenue and S.W. Clinton Street abutting Blocks 7, B, 13, and 14 in said plat described as follows: Beginning at the Northeast corner of Lot 33, said Block 13; thence North along the East line of said Block 13, 175 feet to the Northeast corner thereof; thence East 30 feet; thence North 60 feet; thence West 30lfeet ofo the Southeast corner of said Block 8; thence North g said Block 8, 450 feet to the Northeast corner thereof; thence East 60 feet to the Northwest corner of said Block 7; thence South along the West line of said Block 7..450 feet to the Southwest corner thereof; theence East along the South line of said Block 7, 193 feet more or less to the ccess Control Line of the Southbound Exit Ramp of the Haines Road Interchange; thence Southwesterly along .said Access Control Line 63.25 feet more or less to the North line of said Block 14; thence West along said North line 173 feet more or less to the Northwest corner of said Block 14; thence South along the West line of said Block 14, 146.87 feet more or less to the Access Control Line of the Southbound Exit Ramp of the Haines Road Inter- change; thence Southwesterly 66.25 feet to the point of beginning. Save and except an easement for utility purposes. Save and except an easement for ingress and egress over and across the following described parcel: A strip of land 30 feet in width being 15 feet on each side of the following described center line: Beginning at a point 30 feet East of the Northeast corner of said Block 8. WEST PORTLAND HEIGHTS; thence South parallel to the East line of said Block 8, 670.94 feet to a point on the said Access Control Line. This easement for ingress and egress is for the use of abutting properties only and it may be terminated by mutual consent 4 of the abutting property owners. 100011,42 PROPOSED VACATION OF SW 67TH AVE & CLINTON ST IN SEC 36 TIS RIW, WM WASHINGTON CO, OR �naY i9s5 scaLE ��=:00' BAYLOR STREET rT >> lit "�2Ris s CK) CD I I t ,- � �W Q CLINTONSTREET r� cn �T POF�Tt�.ID Hele' "TS ALTERNATE B CITY OF TIGARD, OREGON ORDINANCE NO. 85- AN ORDINANCE VACATING A PORTION OF SW 67TH AVENUE AND CLINTON STREET AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040 of the Tigard Municipal Code; and WHEREAS, the reason and purpose for this vacation is to return the area within SW 67th Avenue and Clinton Street to the adjacent property owners to facilitate future development possibilities; and WHEREAS, the vacation is recommended by the Planning Commission and the City Engineer, and WHEREAS, in accordance with ORS 271.100, and TMC Section 15.08.110, the Council fixed a time and place for 'the public hearing and the Recorder published notice and posted notice in the area to be vacated; and WHEREAS, notice has been mailed to all property owners abutting said vacation area and all owners in the affected area, as described in ORS 271.080; and WHEREAS, the Council, having held a hearing on September 23, 1985, finds the public interest will not be prejudiced by the vacation as provided by ORS _ 271.120 .and TMC Section 15.08.130; and WHEREAS, the Council finds that it is in the public interest to approve the request to vacate a portion of SW 67th Avenue and Clinton Street because the public interest will not be prejudiced; and WHEREAS, the Council finds that the following conditions are necessary to vacate said land: . o A private ingress/egress easement be retained on SW 67th Avenue from the North line of SW Clinton Street along the westerly 30 feet to the North lot line of lot 3700 on Washington County Tax Map 1S1 36DD. O A private ingress/egress easement be retained on SW 67th Avenue from the South line of SW Clinton Street along the westerly 30 feet to the South lot line of lot 5300 on Washington County Tax Map 1S1 36DD. o The Street Vacation should be granted for transportation right-of-way purposes, however, a public easement for utility purposes shall be retained over the entire area. o This vacation for transportation right-of-way purposes shall not be effective until the effective date of this ordinance and it shall be not effective until a certified copy of this ordinance has been recorded with the Washington County clerk, assessor and surveyor. ORDINANCE NO. 85- Page 1 THE CITY OF TIGARD ORDAINS AS FOLLOWS: J Section 1: The Tigard City Council hereby orders the vacation for transportation right-of-way purposes of that portion of SW 67th Avenue and Clinton Street as described on the attached Exhibit "A" and shown on the attached Exhibit "B", and by this reference made parts hereof. Section 2: The Tigard City Council further orders that the vacation be subject to the following conditions: o A private ingress/egress easement be retained on SW 67th Avenue from the North line of SW Clinton Street along the westerly 30 feet to the North lot line of lot 3700 on Washington County Tax Map 1S1 360D. o A private ingress/egress easement be retained on SW 67th Avenue from the South line of SW Clinton Street along the westerly 30 feet to the South lot line of lot 5300 on Washington County Tax Map iSl 36DD. o The Street Vacation should be granted for transportation right-of-way purposes, however, a public easement for utility purposes shall be retained over the entire area. o This vacation for transportation right-of-way purposes shall not be effective until the effective date of this ordinance and it shall be not effective until a certified copy of this ordinance has been recorded with the Washington County clerk, assessor and surveyor. Section 3: In no situation shall this ordinance be effective until the 31st day after its enactment by the City Council and approval by the Mayor. PASSED: By vote of all Council members present after being read by number and title only, this day of 1985. Deputy City Recorder - City of Tigard APPROVED: This day of 1985. Mayor - City of Tigard ORDINANCE NO. 85- Page 2 lw/3214A Ij t;Al It( SCR IVI ION I Ok VACAT ION ,II ',TNI l 1', Ik JI kkr r.AJH A parcel of land in the plat of y4i VOaTLANU HLIGNIS, Washington County , Oregon; the said parcel being a portion of S.W. 67th Avenue and S.W. Clinton Street abutting Blocks 7, 8, 13, and 14 in said plat described as follows: Beginning at the Northeast corner of Lot 33, said Block 13; thence North along the East line of said Block 13, 175 feet to the Northeast corner thereof; thence East 30 feet; thence North 60 feet ; thence best 30 feet to the Southeast corner of said Block 8; thence North along the East line of said Block 8, 450 feet to the Northeast corner thereof; thence East 60 feet to the Northwest corner of said Block 7; thence South along the West line of said Block 7,.450 feet to the Southwest corner thereof; thence East along the South line of said Block 7, 193 feet more or less to the Access Control Line of the Southbound Exit Ramp of the Haines Road Interchange; thence Southwesterly along .said Access Control Line 63.25 feet more or less to the North line of said Block 14; thence West along said North line 173 feet more or less to the Northwest corner of said Block 14; thence South along the West line of said Block 14, 146.87 feet more or less to the Access Control Line of the Southbound Exit Ramp of the Haines Road Inter- change; thence Southwesterly 66.25 feet to the point of beginning. Save and except an easement for utility purposes. Save and except an easement for ingress and egress over and across the following described parcel: A strip of land 30 feet in width being 15 feet on each side of the following described center line: Beginning at a point 30 feet East of the Northeast corner of said Block 8, WEST PORTLAND HEIGHTS; thence South parallel to the East line of said Block 8, 670.94 feet to a point on the said Access Control Line. This easement for ingress and egress is for the use of abutting properties only and it may be terminated by mutual consent of the abutting property owners. 10001,42 PROPOSED VACATION OF SW 67TH AVE & CLINTON ST IN SEC 36 TIS RIW, WM w WASHINGTON CO, OR Q MAY i38� SCALE l"=100' BAYLOR STREET r 1-311L K co . f ' I yt r - L $ CLINTONSTREET ST PORTL.°�S� HEIG.NTS CITY OF TIGABL COUNCIL MEE'T'ING Sept. 23, 1985 ' ITEM 11 �Gt� At Mr Mayor and Members of the Councils My name is Geraldine Ball, 11515 S. W. 91st:, Tigard. 4 I am in favor of the vacation ea shown on the Exhibit B map, but I am not in favor of an altered asap that has been floating around with eaasure and addition of lines, and if this altered map should be submitted at this �� -{�,; ✓� Public Hearing I ask that it be stricken m tthe record. + c � g, 2s In c1 F M" C`a c f4 real %N / 9 'Y �+G' I am somewha� confused with the Ordinance itself.... it states the Street Vacation should be granted for transportation right-of-way purposes. Am I anrmng in thinking that the streets before vacation are for transportation purposes. I wan of the opinion that the vacation was to Ajive each adJoining k. property owner additonal property and the 15 foot easement on each side of r,� a center line was for ingress and egress for the use of abutting properties my and could be terminated by mutual consent of the abutting property owners. The Ordinance states "A private ingress/egress `easement be retained on S. W. 67th from the South line of S. W. Clinton Street 15 feet on both sides of the ``9 � existing oenterline to the South lot line of lot 5300 on Washington County Tai Map 1 S 1 36 DD. I assume you meant Tax Lot 5300- In the Council aware that there are two Tar Lots 5300 - one on 67th and one on 68th. Which one are you referring to and since there could be confusion you might want to sonsider listing the lot number also, which I would assumoe to be Lot 8 if you are referring to Tax Lot 5300 on S. W. 67th. - I would appreciate it greatly if you would explain to me what is meant by "This vacation fpr Transportation right-of weW purposes" L-�d �s 73'14 p pu P "1 --,., 14,f S s3 �.. rr� 7 T Lan ,� Cs , . cdd / 1C Ht ) , H + 7 '7 Please male part of the City of Tigard record of this Public Heaking along with oopy of Map Exhibit B and Legal Description Exhibit A and Washington County Map 1 S 1 36 DD. Thank you. _ w r• . PROPOSED VACATION OF €� . SW 67TH AVE & CLINTON ST IN SEC 36 TIS RIW, WM w WASHINGTON CO, OR Q MAY 1985 SGALE I"=100' BAYLOR STREET I— BLK C CWD *: l � I I lU i Iz L ` Ij tir CLINTON STREET ��>t. .:>�": a'�: .♦ •ark •:».. a -�. 1.r.._.. ._j ,, �-L..� .4 3 t,JG 60R, LUT S3, SLK 13 4,.: 5T PO RTI t� HEiG.NTS 11 A: Ui ,fir I'I ION i ,)r. VA(,AI MN „ ,u+ A')H A pdreei of id1ld ir. tri,. plat Of r'lt `� Jt)riiANI r1i lt,rtl ;, rldttrlriyt,r)r l,oU ?ty , Oregon, the said parcel being a portion of S.W. 67tr. Avenue and S.W. Clinton Street abutting Blocks 7. 8, 13. and 14 in said plat described as follows: Beginning at the Northeast corner of Lot 33, said Block 13; thence North along the East line of said Block 13, 175 feet to the Northeast corner thereof; thence East 30 feet; thence North 60 feet; thence West 30 feet to the Southeast corner of said Block 8; thence North along the East line of said Block 8. 450 feet to the Northeast corner thereof; thence East 60 feet to the Northwest coiner of said Block l; thence South along the West line of said Block 7..,450 feet to the Southwest corner thereof; thence East along the South line of said Block 7, 193 feet more or less to the Access Control Line of the Southbound Exit Ramp of the Haines Road Interchange; thence Southwesterly along .said Access Control Line 63.25 feet more or less to the North line of said Block 14; thence West along said North line 173 feet more or less to the Northwest corner of said Block 14; thence South along the West line of said Block 14, 146.87 feet more or less to the Access Control Line of the Southbound Exit Ramp of the Haines Road Inter- change; thence Southwesterly 66.25 feet to the point of beginning. Save and except an easement for utility purposes. Save and except an easement for ingress and egress over and across the following described parcel: A strip of land 30 feet in width being 15 feet on each side of the following described center line: Beginning at a point 30 feet East of the Northeast corner of said Block 8. WEST PORTLAND HEIGHTS; thence South parallel to the East line of said Block 8, 670.94 feet to a point on the said Access Control Line. This easement for ingress and egress is for the use of abutting properties only and it may be terminated by mutual consent of the abutting property owners. �I Iss �er�da�of L r " ILA, AP {'+l1{�t►IIIIi9oIi�81111r�91r�c)l�glidlll�l)I�p11 1iIT f(fj114�4pill 114 1' I �I11 IllwPIIIIII)II 1111r�1I1(Jll1r;!'Ilsillt+r) !(f(141i1)1�141 tpt'►IrpryY�Fll _ � - � •� NOTE: IF THIS MICROFILMED `-.._ _.�......+. Z .� �} _.. ._ 5 - 6_ _ 7 I DRAMING IS LESS CLEAR THAN -THIS NOTICE. IT IS DUE TO THE QUALITY OF THE ORIGINAL " DRAHING. OE 62 82 12 92 52 b2 SZ 22 12 OZ 61 @I U 91 Sf( bl el---- 21 If 01 6 _g._. tnitaolun�unlnuluNllNlGnansattf4l ��I L .1.--'-- I..,..I t I I 1 1 i r I ..� allumbW!!i!W}11�1llWISll1141 m *R" C H_ 7 x , 1990 __ SEI/4 SEI/4 SECTION 36 TIS RIW WM IS 13bDD WASHINGTON COUNTY OREGON I MAP SCALE I°= 1001 SSE \.,P\NES STREET --- _ S BB°53 W ._ — —. s 1319— — — /// 1 - ---�-- n S w ATLANTA 79.49710 STREET .h! - 113.6 1zs 25 m so a 100010. 9010° 24N fio ' I ---io�i°� ;141 loo loo 7s.a 16JG SJG - 24 2 - - e0-11117 _ _ 70.0- 24� 6 o LOO 100_24 60 :1 C.S.13,751 -' ---- -23 2 _ 23 6a.J 2, -'11t: -23 Il.l 30 23 3 - - - - _ _ _22 3 801 22 4 - 22 4 r -- - 3 _22 Z — --21 51100 21 - - 21 4 - - - -21 6 1702 I - 0 6 _- - - 20 _5 _ - 20 -5- -- - 20 Q 7 - + -- - _2 - 19 6 3 -19 6 _ 19 _ _ .- -- --_19 /- - 1400 18 - 7 800 _ 18 7 301 125 18 w 8 too 100 17 W - + �8 L_ 1 � 8 too 00 17 W 400,00 60n ♦C�O 1 7 1 I I I 1 1 1 0 Z 1200 1300 Z r T T f T T T 5OO 1T 1r W CANCELLED TAX LOTS C 300,2601,4200,4500,4600, 1 I G W o` I I I I I W 0 I I I' I r I p 0 I I / 4700,3401,6101,6400.5600, C 1 1 / O�� 650L 3002,7000,4300,4400, .120II 12 13 1 15� 161 17 I I r I I I I' 1�I szw, '1 X25 29 10 II 12 13 80-6 o7 1 Q 9 1 101 Ill 12 13 14 15 216 Q 9 10 11 12 13 14 15�16 U) 3:4 SV� `;60-1111! 25 21 v/ 3 Vr BAYLOR STREET W BO-14153 3743 z5Z 31 4 5l 61 7 8 59 I xs r I 5 3 4 5 5 7 8 I 20 10 19 00 I 0 L 5 25 2 q g (,,,) _ I I I 18W0 21 0 I I 2 I i 3301 3 33Q151 30 4 8 3 9' 3 380 6O -: u- 6 7� F 0 1 I =la o1i I1 1 1 + L,1 n 2100 1 00 9 100 - Do + - - 38 - - 36 93400 00 r cc �1u0 1 37 10280c 35 i.0 - + 0 _ 36 9 4000 - - 36� <`a 13 -36 11 3203 34 1I- - - 3700 34 IG 1„> _ 35 12 2890 -� 14 - 2500 132900 33 12- K 33 I2 _ _ _ 33 1 _ 3200 32 ,3 ! - 15 33 14 _ 31 3201 - 48- 32 1 i3 32 3 SEE MAP 162200 _ 2400 _ - 2 =4- - 31 1q 4100 31 _ 32 15_ _ - - ' IS I 36DC 17 h) _ _(• 31 16r - 30 1... 5 3600 30 15 30��R 29 18 1-= - - 30 173000 3001 28 17� 3403 - ' 29 n _ 28 2300 00 29 I� IT 1 T too 27.6 I 3404 IS Do 0o 27 F 28 iS too 00 27 o f o f I i 1 I I I l 0 31100 1 1 I S �3i09 I 341 0i I F O T e 0 121 1 v l I !' _ -340/427 0 i 20 211 22 231 24 251 261 27126 n 1 1 I '191 1 I i I o 340/4273 4607461 26x9 zs 19 20 21 2 23 2 25 1 \ 2 5 q L 1 2 -251 2 231 24 25 26 - r;L22. 4 25 26 Q/,425 6§ 5 2-51 L 251 1 1 Ji 34/2 � I / r S CLINTON 81 63STREET o 27.64 25, 2 3 4 51 6 7 J A 7001 I 6900 2 261100 31 41 51 6; 71 '< 540 3' 4 5136 7218 r251i 2 3r�r ST 6T 7Tx13-+ J ; I I I I I i I i I I 0 W Q F11 1 o CC 24.774 z o 43 7100_ _ 76:0100_36 96200 0 680E 36 530100 0 ✓ too I- L 104 -� } LL, �--- II 206 - 310 5 10- - -- 35 5301 10 - 6000_35 F lu J5 ' a ' 11 6700 34 „ r rtCC 41.144 12 — — 7600 33 12 - 343 FII 34 137300 — — 33 m 12 5900 —33 12 + -1 I g s.1o517 I I - 32 13 IZ 6600 32 1 b500 1 5901 32 r 33 4 141CSNoIC762) 31 - - - - I3 I 3L co _ 146300 k 4647167 157400 - 14 - -- 31 X14 60.45746 i 30 15>✓ 30 15 \ _ 31 - _ 29 16-' - �29 4 V� .� ---j 30 -1� t 30 17 - 1 1- 16 29 16 �` 3 28 17 6500 28 t7 40-45766 \�A a2,CC 24-585 25-1 I /� 1g o0 27 - { F F 28 174800 \.0 28 ti rr I� r T 18 100 /4 AC- 75O F T T T 1 27 ' z865�0- 1T T- 18 100 0c 27 e0-9696 I T T '1 1 1 I I 1 1,0 15700 5800 149 5000 I 36 31 SEC,LINE 0 o C.S.10517 0 40-37362 !Q .45 AC 1 0 .24AC. ./5 AC. 3 I.23Ac.I 01 „� o.. C I 60 $ 60 m I I ov o $Ib0 0. - 8 19 LI 22 23 24 26 1 I ./BAC. - 60 a 1 7 I -1 I ` 25 Zq 25 `19120 21 22123 2i2b 26 X91 2012112 23124,251261L9 2C 21122 23f1 c1712k 26 _ S W DARTMOUTH ST I - r — r--� m TIGARD - SI=E MAP I IS 136DD OD 2S ..I IAA S' pi 1111sI1111111'11111'11I11�I111111111111111II 11111111 rypTulllhlip I I I I ri I I lI ITmn III, ,n�1�..1.... _...- I - , . , , , t _1•r,•1'1.1.I�I�II11111!IIIIIIIIIIIIIIIIII�T1IlllIJillj11111111 IIIIIIIIIIIIIIt11111111I1I11411 NOTE: *�THIs ;IC,'*F1UfED _.__-.__ I 2__ 3 4 _ 5 6 7 8 9 0 I I 12 DRAWING IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO 1 - ��" THE QUALITY OF THE ORIGINAL DRAWING. I . OE 62 92 L2 92 SZ 42 Ca 22 _IZ OZ _61 Bi- [� - 9�-5f bl EI ZI �1 OI 6 9 l -9 --5lawn l F MEMORANDUM t ' CITY OF TIGARD, OREGON TO: Mayor and City Council. September 17, 1985 FROM; Bob Jean, City Administrator( V SUBJECT: Executive Summary This is the first of what I hope to provide as a monthly overview of activities. My intent is to hit the highlights by Council Goal, Department and Projects summaries. Council Goals o Wastewater Audit — Utilities Committee and Recycling Committee resolutions adopted and in recruitment. . . o Service Level Priorities — Adopted, Fall review and update in process. . . o Merit System ---- NO PROGRESS, awaiting Council review workshop and decision on consultant. . . o Council Workshops -- OR per Policy Calendar schedule. . . Council/Staff training workshop still undecided. . . o Dartmouth LID — litigation o Computer Master Plan -- Staff Committee completing its report and getting ready with Council in Mid-October. . . 0 Streets CIP -- Transportation Committee working on Public Facilities Plan and County road acceptances, nothing much more until Winter after City Engineer is hired. . . 0 Community Relations —• NO PROGRESS, or very little, Council needs to set workshop date. . . City-wide Questionnaire in progress with results scheduled before November Budget Committee workshop. . . 0 Greenburg Road Study -- Study done. LID starting. . . 0 Personnel Rules LITTLE PROGRESS, some housekeeping and some changes tentatively negotiated re. General Employees. . . still awaiting Council decision on consultant. . . o Community Recreation — on schedule, consultant has completed surveys, now preparing outline proposals for review with Park Board. . . Recreation Town Hall meeting set 10/7/85. . . Parks and {; o Park Plan and CIP — NO PROGRESS. . . Park Board can't start until Fall after Recreation Program report completed. . . 0 135th LID — LITTLE PROGRESS. . . tied into Beaverton-Tigard Annexation at ion Planning Area Agreement, Scholls Ferry Road Plan, Transportation Public Facilities Plan, and Council road acceptances. . . After clearing these hurdles, we should be ready for neighborhood meetings this Winter with new City Engineer. . . o Civic Center — On budget and on schedule, soils dispute with City Attorney's Office, contractor pressing for 1-2 months time extension and staff resisting. . . Furnishings bids underway. . . Comprehensive budget update set for October. . . Departments o Police --- Two new Officers on duty; Dispatcher recruitment underway but, actual hire authorization held off until review of recruitment, selection and training program by City Administrator. . . Control Budget in development and Service Level Priorities update under review. . . o Library — WCCLS automation and goverance/funding issues progressing. . . Furnishings out for, bid. . . Supplemental Budget final adjustments out for November. . . o Finance and Services - Audit field work complete and Council review set for October. . . FLSA and weekly time reporting systems implemented. . . Accounting computer needs in Computer Master Plan. . . Charter and Codification updates underway. . . o Community Development —_. Public Works Crew Chief position recruitments (Wastewater and Parks) are in process; temporary Parks maintenance personnel have been increased. . . Building, Planning and Engineering activity continues strong. . . Public Works Operations finishing up Summer projects and getting ready for Winter (eg. Storm Drainage and Sanding). . . o City Administration — Volunteerism Awards and Recognition Day upcoming; Civic Center and Operating budget updates underway; 3-Year Financial Plan in process for November workshop; Work Plans revised to Council Policy Calendar; Fees and Charges/Revenue Manual update, LID Code Amendments and Computer Master Plan in process; labor negotiations in process; Metzger/Washington Square Annexation Policy and Urban Services Study upcoming. . . Proiects 0 72nd Street LID -- ready for closeout. . . 0 68th Parkway — revised P.E. report for October. . . o Dartmouth LID — litigation. . . 0 68th Sewer — substantially complete, except for easement and lateral section on Mrs. Ball's property. .. y • 0 135th Street LID — LITTLE PROGRESS, see Goals Report. . . 0 Cherry Street Sewer — Neighborhood meeting to be scheduled. . 0 100th Street Sewer Neighborhood meeting to be scheduled. . 0 Greenburg/Tiedeman Signal — coordinate with LID. . . 0 Hall/Burnham Street LID — awaiting Council approval. . . 0 Canterbury/109th Sewer — dead. . . 0 Canterbury Signal — LID interest meetings with State and owners. . . Greenburg Storm Drainage LID Hsealed down supplemental interest 0 LID dead. . . applications being seat out. . . major 0 Tech Center RR Crossing --- to P.U.C. . . . 0 Fanno Creek Park — substantially complete, but need dry spell to gravel and pave yet this Fall. . . 0 Streets Overlay — staff developing for Spring program. . . (BJ:pm/0992p) v� CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 23 1985 AGENDA ITEM #: DATE SUBMITTED: September 17, 1985_ PREVIOUS ACTION-. None ISSUE/AGENDA TITLE: Monthly Report _ August, 1985 - Community Development PREPARED BY: W. A. Monahan REQUESTED BY: DEPARTMENT HEAD OK: U +'' " CITY ADMINISTRATOR: INFORMATION SUMMARY Attached please find the Monthly report for August, 1985, prepared by the Department of Community Development. Elements of the report are: 1. Annexation Report 2. Building Division Report - See Memo 3. Code Enforcement Report 4. Economic Development Minutes 5. Engineering Division Report - { 6. Operations Division Reports 7. Planning Commission Minutes 8. Transportation Committee Minutes- Not Received ALTERNATIVES CONSIOERLD ;TI SUGGESTED ACTION Accept and place on file. (0950P) MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council September 17, 1985 `"be►^� FROM: William A. Monahan, Director of Community Developmentv SUBJECT: Monthly Report — August, 1985 Attached please find the Monthly Report for August, 1985, prepared by the Department of Community Development. Elements of the report are: 1. Annexation Report 2. Building Division Report 3. Code Enforcement Report 4. Economic Development Minutes 5. Engineering Division Report 6. Planning Decisions 7. Operations Division Report 8. Transportation Committee Minutes Fallowing is a comparison of building activity for August of 1984 and 1985: Auciust, 1984 August, 1985 Single Family Permits 10 24 Multi—Family Permits (total Units) 0 O Commercial Permits 9 1 Building Permit Fees $ 1.3,499.00 $ 11,042.17 Plan Check Fees 8,342.23 5,928.31 Plumbing Permits 3,935.00 4,645.00 Mechanical Permits 485.00 930.50 Sign Permits 50.00 90.00 Valuation $ 3,613,499.00 $ 21221,800.00 Through the first eight months of the year, activity compares to 1984 as follows: Single Family Permits 136 186 Multi—Family Permits (total Units) 3 338 Commercial Permits 31 10 Building Permit Fees $ 76,460.60 $ 120,737.67 Plan Check Fees 38,540.65 48,999.21 Plumbing Permits 24,492.49 64,737.28 Mechanical Permits 3,503.02 51888.00 Sign Permits 1,520.00 730.00 Valuation $16,932,003.00 $31,004,299.50 (0950) ® BU11d1C19 Building activity continued at a strong pace in August, as high tasfour the single—family permits were issued. Inspection activiy t was quite number of construction projects underway was at a peak Economic Development Committee Results of the June survey of downtown businesses i^vey spondents were the and discussed. The greatest problems identified by appearance of the area and the lack of a major commercial draw. The Committ98e will hold a meeting for property owners and businesses on September 24, 15 eps should be taken to address the problems of the downtown. to discuss what st (WAti,br/0950P) MEMORANDUM ( CITY OF TIGARD, OREGON TO: William A. Monahan, Director Community Development September 19, 1985 FROM: Dan Blanchard, Codes Enforcement SUBJECT: Codes Enforcement Monthly Report August, 1985 Below are the figures for codes enforcement for August, 1985: CODE ENFORCEMENT MONTHLY SUMMARY — August, 1985 a New Cases 43 Phone Calls Received 82 Personal Contacts 43 Site Visits 285 Cases Closed 85 Due to outside circumstances, only 17 working days were spent on codes enforcement. (OB:br/1882P) TIGARD ECONOMIC DEVELOPMENT COMMITTEE MINUTES — August 20, 1985 t Pioneer Pies Restaurant Members Present: Tony Orlandini John Savory Amo De Bernardis Susan Clark Guests Present: Jeanne Caswell Morgan Caswell Mary Gross Carl Johnson Don Coverdell Staff Present: Bill Monahan John Savory acted as chairman of the meeting pending an election in September. A quorum was not present. Two new members were appointed on August 19, they are Susan Clark and Dick Cochran. The minutes of July 16, 1985 were reviewed and accepted with no changes. Bill reviewed the downtown survey results which revealed that the greatest concern of property owners and businesses in the downtown area is the appearance of the area. Publicly owned property was identified as a problem area as well as private. Amo stated that the City should provide leadership on improving the appearance of publicly owned properties. Jeanne stated that the Chamber will take on responsibility for the upkeep of Liberty Park. The Chamber will begin a program to provide engraved rocks at the park which signify each of the Chamber's annual First Citizens. A discussion was held concerning survey comments on the possibility of starting a business promotional organization. John felt that there is ai need for such an organization to encourage the upgrading of business. The Committee discussed the problems associated with absentee landlords and the need to get them involved in the. efforts to improve the area. John stated that it should not be difficult to get people who work in the area involved. Don Coverdell, who will be volunteering to help the I-5 Corridor Association, stated that the survey has great value and should be analyzed. The survey should be used to prepare an improvement plan. Carl Johnson, a downtown property owner who completed a survey, asked if the Main Street Projects had been encouraged by the City. The survey results showed the need for a shopping center at the south end of Main Street to anchor the area. John stated that he felt that the City attempted to assist the developer. j Tony suggested that the Committee set up a follow-up to the discussion and survey. A meeting could be set up where the downtown resource people would be invited to participate. Jeanne suggested that a letter be sent to each property owner using the same list as was used for the survey. In addition, a cover letter and survey results could be hand delivered to downtown businesses by Committee members and volunteers. A meeting then could be held at the Community Center in downtown. The Committee agreed that a downtown meeting should be held on Tuesday, "-ptember 24, 1985 at 6:00 P.M. at the Community Center. John, Jeanne and ,ill will work to coordinate the meeting. Don suggested that the survey r• Its be broken down into ten points. These points could be utilized to .mulate discussion to get the merchants and property owners involved to plan for the promotion of the area. The main incentive which is available to the interested parties is increased retail trade. More trade will result in more improvements and a better image, Don added. Jeanne pointed out that the City has a reputation in terms of the downtown of not following through. The Committee and City should be sure not to start a project then drop it prior to r completion. The 1985-86 Action plan will be developed following the Committee discussion with the Council. Copies of the action plan have been distributed. The Committee will attempt to formulate an achievable plan. Jeanne discussed the potential for creating a Committee/Chamber slide presentation. She will contact the state department of Economic Development for assistance. The meeting of the Committee with the City Council will be held on Monday, September 16, 1985. The City Council will be invited to attend the downtown discussion on the 24th. Discussion returned to the September 24th meeting. Amo suggested that the Committee put achievable items into the plan of action with the downtown project as a start. A series of follow--up meetings could occur if interest exists. Jeanne suggested that the Business Affairs Committee should be r involved as the Chamber may be able to provide some services under its existing programs. Chamber resources may be available should the need exist. The Committee discussed a bus trip which Bill proposed to view economic development sites in the City. A tentative date of August 29 was set. Bill will make the appropriate arrangements. Tony Orlandini volunteered to act as the Committee's liaison to the Tualatin Valley Economic Development Corporation. Bill was asked how many home occupations presently exist in Tigard. A number is not available, as many operate without valid permits. Those who operate a home occupation must file for and receive both a home occupation permit and a business tax. Bill reported to the Committee that Duane Roberts of the Community Development Department was preparing a brochure for the September Japanese—American Conference of Mayors. The Committee felt that the project was worthwhile. The meeting ended at 9:00 A.M. The next Committee meeting will be held on Tuesday, September 17, 1985. The Committee will meet with the City Council on September 16 at Fowler Jr. High at 7:30 P.M. (WAM:br/1798P) MEMORANDUM CITY OF TIGARD TO: William A. Monahan, Director of Community Development FROM: Randy Clarno, Engineering Services Manager e — DATE: September 17, 1985 SUBJECT: Engineering Monthly Report for August, 1985 Function Personnel Time in Function August I. Private Development Services A. Land-Use Application review 4% Be Improvement Permits (Subvd., half-street, sewer 5 Delg. projects 36% C. Public/Agency assistance 9% D. Property Vacations 3% II. Geographic Information Services A. Mapping and Records 2% Be Survey and Design 1. P.W. Maint. Projects 0% 2. City Wide Control . . 0% 3. Capital Project Engineering . 0% III.Capital Development Services A. Public Fac. Master Plan review and update 0% Be C I.P. and L.I.D. Admin. assistance 0% C. 'itreet C.I.P. assistance. . . . 0% IV. General Admin. 6 Misc. Personnel Reviews, training, staff meetings, Citizen committee support, Section management, Budget prep., union meetings, Computer ,r Master Plan, etc.... . . . . . 18% V. Non-productive time (Holidays, vacations, sick leave, etc. 28% i': VI.Revenue Activity FY 85-86 FY 84-85 A. Engineering Service Fees & Charges August August 1. Improvement Permits (I-B) 21,714.61 4,946.72 r thru August thru August 23,362.33 5,026.72 B. Public Works Operations Fees 6 Charges FY 85-86 FY 84-85 August August 1. Streetlights 2,078.40 570.24 2. Traffic control Signing . . • . . . 1,860.00 107.10 NEW PUBLIC IMPROVEMENT PROJECTS August 1. Millmont Subdivision 51 Lots Located on Hall Blvd. north of Durham Rd. - Under Construction. 2. Mallard Lakes Subdivision Lots Located on Sattler St., just east of 92nd Ave. - Under Construction. September (to date) 1. Cotewald Meadows No. 2 21 Lots Located on SW 135th Ave. across from Morning Hill Drive - Under Construction. 2. Summerlake No. 2 Lots Located east of Summerlake - Under Construction. 3. Penn Lawn Estates 13 Lots Located on SW 115th south of Springwood Drive W Under Construction. 4. Self Service Furniture Store - Gaarde half-street Located on Gaarde Street at Pacific Hwy. - Under Construction. (RSC:br/0840P) MEMORANDUM CITY OF TIGARD, OREGON T0: Tigard City Council September 19, 1985 FROM: Elizabeth A. Newton, Senior Planner• SUBJECT: Annexation Activity for August, 1985 On August 6, 1985 the Planning Commission considered a request by Margery Krueger to annex 23.26 acres into the City. Prior to that meeting, the Planning staff had received petitions from additional property owners to be included in the annexation. The Planning Commission voted by majority to recommend to City Council that the request for annexation should be forwarded to the City Council adding any additional property owners who wish to be included. In addition, at the August 6 meeting, the Planning Commission considered a request by Kevin Perrin and Daniel Schenk to annex .80 acres into the City. The commission voted unanimously to be recommended that the Council forward the request to the Boundary Commission with as much of the right—of-way of North Dakota as possible. A copy of the August 6, 1985 minutes is attached. These two annexation requests are scheduled for Council consideration in It September. (EAN:brl1884P) :f Y TIGARD PLANNING COMMISSION REGULAR MEETING — AUGUST ti, 1985 1. President Moen called the meeting to order at 7:35 P.M. The meeting was held at the Tigard School District Building - Conference Room -- 13137 SW Pacific Highway . 2. ROLL CALL: Present: President Moen; Commissioners Butler, Peterson, Fyre, Bergmann, Vanderwood. Absent: Commissioners Campbell. and Leverett• 3. APPROVAL OF MINUTES o Commissioner Fyre moved and Commissioner Butler seconded to adopt the minutes as submitted. Motion carried unanimously by Commissioners present. 4. PLANNING COMMISSION COMMUNICATION o There was no communication. S. PUBLIC HEARINGS 5.1 COMPREHENSIVE PLAN AMENDMENT CPA 9_.85 and ZONE CHANGE ANNEXATION ZCA 11-85 Request to annex 23.26 acres into the City of Tigard and to change the Comprehensive Plan designation from Washington County Residential 24 units per acre to City of Tigard Medium High density and the zoning from Washington County Residential 24 units/acre to City of Tigard R-25. Located: SW 135th and north of Scholls Ferry Road, NPO N 7. Senior Planner Newton reviewed the staff report and explained that staff had received additional requests from adjoining property owners, through Ryan O'Brien, to be included with this annexation, Discussion followed. APPLICANT'S PRESENTATION Russell Krueger, 3515 SW Barbur Blvd. Y-1, Portland, 97201, stated that with the annexation of his property it would make it easier for the extension of Murray Blvd, and that there would be half street improvements constructed along the edge of his property line. Ryan O'Brien, 1.134 SE 23rd Ave. , Hillsboro, OR 97123, showed a map indicating Krueger's property and other properties interested in annexing to the City of Tigard. PUBLIC TESTIMONY o Gail Stover, Rt. 1 Box 381, Beaverton, OR 97007, opposed the annexation. She did not feel that the City of Tigard should extend its City limits beyond Scholls Ferry Rd. She felt annexation to Cityyt y of Beaverton would be more appropriate because they are in the r PLANNING COMMISSION MINUTES August 6, 1995 Page I Beaverton School District, they would have an opportunity to become a part of the Tualatin Hills Recreation District, and two of the residents were already on Beaverton water. She had poled hoer- neighbors who live in the area and four of them have petitioned the City of Beaverton for- annexation. o Jim Cowley, Rt 1 Box 365A, Beaverton, OR 97007, opposed the annexation. He wants the area to be annexed to City of Beaverton. REBUTTAL o Ryan O'Brien stated that most of the residents who live in that area, within the City of Tigard limits, are in the Beaverton School District. Also, it is not unusual for water districts to cross city limit boundaries. PUBLIC HEARING CLOSED Commissioner Owens arrived. o Discussion followed regarding the City Council's direction, water, districts, fire districts, Tualatin Hills Recreation District, the school districts, adding additional properties to the annexation request, and wetlands. o Commissioners Butler, Fyre, Vanderwood, and Bergmann favored the annexation. Commissioners Peterson and Moen had concerns because of the different districts involved. t * Commissioner Bergmann moved and Commissioner Vanderwood seconded to forward CPA 9--85 and ZC 11-95 to City Council, adding the additional properties who wish to be annexed to the City of Tigard, with a recommendation for approval. Also, ask City Council to attempt action to mitigate the concerns regarding split districts for schools, recreation districts, and water districts. Motion carried by majority vote of Commissioners present, Commissioners Moen and Peterson voting no, Commissioner Owens abstained. 5.2 ZONE CHANGE ANNEXATION 7.CA 12-85 KEVIN PERRIN/DANIEL SCHENK NPO # 2 A request to annex .80 acres into the City of Tigard and to change the zoning designation from Washington County R-5 to City of Tigard R--4.5. The property is located on the north side of SW North Dakota, north of SW 92nd Ave. (WCTM 1S1 3508 lot 8400) . Senior Planner Newton made staff's recommendation for approval with two conditions. APPLICANT'S PRESENTATION o Kevin Perrin, 9401 SW 4th, Portland, 97219, explained that they would like to annex to the City so sewer would be available to the property to make it saleable. PUBLIC TESTIMONY o Beatrice B. Shewmaker, 11270 SW 92nd, opposed the annexation. She ' did not feel the property was buildable because of the water problem. '. PLANNING COMMISSION MINUTES August 6, 1985 Page 2 o Steve Scarratt, 91.65 SW North Dakota, opposed the annexation because of the condition of the road and the water problems. Also, lots 7900 and 8100 had been built on and the houses have been vacant for two years. Discussion followed regarding the condition of the road. o Jan Scarratt, 9165 SW North Dakota, opposed the annexation. She felt the property should be left as open space/greenway because of the water problems. o Alan DeRosia, 9205 SW North Dakota, opposed the annexation because he felt the lot was unbuildable because of the water problems. He was told the street would be improved when he purchased his property and nothing had been done. Discussion followed regarding the drainage problem. REBUTTAL o Kevin Perrin, sympathized and agreed with the surrounding property owners. Fie felt if he was annexed, steps could be taken to alleviate the road and drainage problems. PUBLIC HEARING CLOSED o Discussion followed regarding annexing the street, and how to ensure that the drainage problem would be resolved prior to development of the property. o President Moen, suggested that the adjoining property owners who were in the County might join in the annexation, as he felt the City would be more willing to resolve their problems. * Commissioner Butler moved and Commissioner Paterson seconded to forward ZCA 12-85 to City Council recommending approval, adding that as much of North Dakota be annexed as possible; and modifying condition number two so that the drainage concerns be addressed prior to development of the property. Motion carried unanimously by Commissioners present. RECESS: 8:50 RECONVENE:: 9:00 5.3 ZOA 4--85 CITY OF TIGARD COMMUNITY DEVELOPMENT COOF Review of Chapters 18.56, 18.58, 18.136, 18.142, 18.64, 18.114, 18.106, 18.48, 18.54, 18.60, 18.62, 18.68, 18.70, 18,72. Senior Planner Newton reviewed staff's proposed changes. " PUBLIC TESTIMONY a Geraldine Ball, NPO # 4, commented that they were concerned with directional signs allowing the names or logo to be displayed. ( PUBLIC: NEARING CLOSED L - ki a '� PLANNING COMMISSION MINUI"ES August 6, 1995 Page I a Lengthy discussion followed regarding 18. 136 Annexations. Consensus of the Commission was to have the request for comments sent to all Planning Commissioners and that the Commission should have the ability to call the annexation up for review. o Discussion followed regarding 18. 142 Home Occupations. Commissioners voted 4 to 3 to delete (b) (1), which would require a non conforming Home Occupation to come into conformance within five years. o Discussion followed regarding 18.114 Signs. Commissioners voted 5 to 2 to limit directional signs to 4 sq. ft. and not allow copy or logos on the directional signs. o Discussi.on followed regarding 18.106 Parking and Loading. Consensus of the Commission was not to allow a gravel surface for storage areas for recreation vehicles, non—operating vehicles, and fleet vehicles. Commissioner Moen moved and Commissioner Bergmann seconded to forward ZOA 4-85 to City Council recommending approval with the Commission's modifications. Motion carried unanimously by Commissioners present. 6. OTHER BUSINESS o The Commission reviewed the resolution prepared by Commissioner Fyre. * Commissioner Fyre moved and Commissioner Vanderwood seconded to adopt the resolution as prepared and to forward a copy to the State Highway i Division, Washington County, City of Beaverton. and the Tigard City Council. Motion carried unanimously by Commissioners present. o Discussion regarding NPO M 2 no longer having any members. Commissioner Owens moved and Commissioner Butler seconded to recommend to City Council that NPO N 2 be permanently dissolved and incorporated into N u's 7. 1, and 3. Motion carried by majority vote, Commissioner Bergmann voting no. 7. Meeting adjourned 10:05 P.M. .1Jt UL/I _r Diane M. Jeiderks, Secretary ATTEST: A. Donald Moen, President r_ t 1703P dmj PLANNING COMMISSION MINUTES August 6. 1985 Page 4 I v1 O J OI n apCD I Go ao la 'v as r1 n •O� N aD O ^ Oa aO l cwt C4 I N t w u ,I n 7 Y O` O O Y , K J . Y . -• M I O O c W Q u ! N N p Im Y , I NI m O a:�, Vvv11Y1�� n N �a I •/ 4 C u Y O Y � O t r Z � '� ♦ ao N •:� .O W Q • • 10 b J r r r V V w O O .vi t O • N N N V N Y� w Y Y > Y bl 96 O t O • b A O O V on O« N N S 4 M« wt w a • 61 w � n « wa w a on o O P Ni •O N N w V N - rp N N O p O w wool J1 P .1 O n V M ~ h � 44 O . Y •� � O .A 4 P q O N s M O s • p V N V .-W,+ !VR N •fir w V r' •` r A w � �r P j r � 1� r' '�� -" � Iwt► ti A eN�, _ a � ia� t,e `o- .' rw ~ r►aY ��.� OiOi r � ■Z Yi •� �� �• � Yi �s �. � ��t,,. �, � y 4�. r, �,� y Aw yah �► V, w�►1 •+ w � .. + � :+,• M J� �ii� M� �Y... i1; Y• M'� fl~i .i.. O Y�i � Y� U« � 7 S • t { F ti. m t5 O O. c" m' O) O .Nr O O OP f•l cn N n N l•1 !'f 0 i V M / ti Y O O Y K V Y • O 6 O Y • K J V O Q\ N • Y P Y • � N • Y Y C O p • • c J Y • P M F Y N K ti M W .t ti W U N t K w y M h i iO '• n ap x O w 0 O A O O i x O N A O A f0 A A Y O .! .O V\ h b i+r • O N r • • f�1 N r �.p N ' iM y O h • b O w w • M + A Y� V ! i �• A ti O tl V r ti � Y ' In a p ►� w vw O • O • w w A •..� Yy wi y O O w t! �w v r tr r n Ir t h. r r !w fi y r w � • ..q w hr w; we, •. M r r et r r r r4 C .01 q Q O e•1 O .t I .O Cc N O ( W aD f� A n v O o .tyt a a M N •O N Co N N C, �M M M M Y � Y M Y 6 O Y O M M • O 0.C eL.11 .1 • P1 N m A P O • w h m N e • t0 A M �+ wM R e { sa t Y r P 40 q w � ac V • K W O ti ON Q 1 3.41, K A H = N i M •• O t Y e N ~ N ( fA a At v q .. m w .� •• ero A I ~ i • A P N .+ N e QOTr .Or A Oi • w o A i �. .+ n w o m wr M P •• N f •� ^ r r N r. n wt m w ti M N .Ni •e A h r r ! ^ �,� � m D O i i 4 •! � •1 "" � Yl N N N r b � i J t9 M 4 ♦ ti « e r ... a .o .. r it e• tr ! • M r N V 41 A m v A s a s zasa� = F3a' g asp• ^ • w• AY wY r ji r.�. w• Mi let r r MN ! a�i �.� ia�s moi► �.� re t= i t.�i i� • i ~ a. • r w w r w .i. w Y « w w « w « w w w w w w w w i PUBLIC WORKS OPERATIONS t FUEL USED For Month of: August 1985 DATE: 9/6/85 tb Gallons Monthly UsLult Dept. Gallons X yr-to-date $ Amount Account Number PWWW 252.6 . 12 1 450.5. 10.2 1200-6 11 PWST 256.9 . 12 508.2 10-21300-611 PWSS 20. 7 .01 32 . 7 10.21500-611 PWP 165:3 .08 309.9 10.2 14 00-6 1 1 ADM 15.9- .01 48.6 10.32000-611 ENG. 72.6 .03 153.3 10-22400-611 BLDG 95.3 .04' 308.8 10,42200-611 PD 1. 166; 1 ,54 2,385.6 10-11200-611 PD 104.8 1,05 206.8 10.11300-611 Coni Dev 5.2 i-00 5.2 10.21100-611 P.W. Admin. Fin. b Serv. 7.9 .00 19 .9 10-12100-611 i0-13000-611 Municipal Ct Plan. 6 Den.• 3.3 .00 5.0 10-22300-611 .00 11.2 10-31000-611 Mayor i Coon. 4.3 Fin 6 Sery-SS .6 .00 1:4 10-12300-611 Civic Center .6 .00 •8 10- TOTAL 2, 172. 1 (1. 128 per gallon) CC: Frank Currie GALLWS IN: 2,34 6 Jerry McNurlia Capt. Jennings CALLIXi3 OUT: (2,172. 1) Cpl` Meyers NE?• Cindy Cranston s P1.,ht.IC uoRK!, ()i'FF.AI1J:<a Montt, of August 1985 Date _9113/85 m4tntes%ance Report CURRENT MONTH ( .lul) PWO Tp TOTAL PWO P0 O11 23.63 43.53• 67. 16 . . 67,55 8 res 59.00 59.00 3"4:_ 423.00 423.00 Maint. ' abo Maint. 55 213, darts 68.62 123.60 192.22 68.62 144 *Cpatr --- � n Labor Repair ` porto 563.36 506.43 1 069.79 1, 172 78 19toloms - " 282 . } Mato 197 24 . 1 391. 16 2 550 "1 i •�k-- fi '"•,rzqw_" 1,814.56 2,12 3.72 3,9 38 2 8 4,6 30:49 4;"M '15' -9 238,.6�4'J F. CC: Bill Monahan Bob Jean PD D .t: .ti i C17YOF TIGARD MONTHLY REPORT WASHINGiONCOUNTY.OREGON DATE: 9/13/85 For Month of: August 1985 OPERATIONS OFFICE WASTE WATER: 2. 1.2 94.0 hrs T.V. Inspection 166.5 bra Sanitary Sewer Clean 4.0 bra Sanitary Repairs 40.0 bra Catch Basin 107.5 bra Manhole Repairs 6.0 bra Flooding 40.0 hre Ditching STRESTSs 2.1.3 65.0 .hre Street Cleaning 10.0 bra Community Service labor 45.5 hra Pmtchtng 84.0 his Painting b Streit Marking 45.5 Tiro Sign Ztatntenance #64.5 hzs R.ruuhLng LikUing 37:5 hrs Grading b hocking 2.0 hrar Kridgn' 'Hainto"nee PARKS: 12. 1.4 GREEN THUMB LABOR 12 7.0 hra Xining 99.0 his Mowing 68wa "a Iriliation . 15.0 hra Irrigation 75.0:' hra Rontroom ?CaU . 48.0 hro Raatroon Maint. 16.0 hsa• au. Llding 'llaint. . 2.0 hra Building Maidt. 2.0 hra Re.. Equip. Xitni. 1:0 hr Rae. Equip. Maint. 76:10 hxw Lanascaping 3.0 hrs Landscaping g. 15.0 his Tiatl 'Mai�at. 42.5 hra C6um*unity Serv. labor SUPPORT 98JLVICE3: 2. 1,5 A 19.4 bra PH as Equipment 154 -.hra tohadu1a.d Repair 13.•0. hire Unee"duled Repair. k 71.3. hrar 'a'eneral Sipport �.' 12756&W ASH P.O.9M 23397 TX ARD.OFW-(M 57223 F�F1:lfS4-4S 71 Jj � r MEMORANDUM CITY OF TIGARD, OREGON { TO: Mayor and City Council September 19, 1985 FROM: Jerri L Widner, Finance Director "" SUBJECT: MONTHLY DEPARTMENTAL SUMMARY - AUGUST, 1985 The month of August was spent working on the audit report for fiscal year 1984-85. The report is to be presented to City Council in October. The insurance claims report from the insurance agent had not been received at this time--the report will be submitted next month. In August, 69 purchase orders were processed. There 7 recruitments, 5 hires and 3 terminations. Word processing handled 9,751 pages of documents during the month with a turnaround time of 5.8 hours. Emergency requests accounted for 55% of the time spent. Two regular part-time accounting clerks were hired to replace one full time accounting clerk. Due to the record-keeping requirements and other requirements of the Fair Labor Standards Act, I felt we needed to separate the functions of the former position. Thus far, it is working. We also replaced the billing clerk. Randy Stevens terminated her employment with the City August 22, 1985. She decided to move to Tacoma, Washington and pursue additional education. JLW:jw (1074F) (" MEMORANDUM CITY OF TIGARD, ORDGON i TO: City Administrator/City Council September 18, 1985 FROM: Chief of Police SUBJECT: Monthly Report - August 1985 Residential burglaries have slowed down some as catpared to June and July. However, cam ercial burglaries have increased. Apparently the main target properties have been personal computers and accessories. Investigations are closing in on suspects. Selection of the two new police officer positions has been determined, and are Officer Peter LaFYanchise and former Tigard Police Reserve Officer Gary Wayt. They will start duty on Septen ber 1, 1985. ,01 ��4 CITY OF TIGARD, OREGON { COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 23, 1985 AGENDA ITEM DATE SUBMITTED: September 16, 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Notice of Decision — SDR 11-85 Kaiser Health PREPARED BY: Community Development Plan REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE — � INFORMATION SUMMARY Attached is the Notice of Decision for Site Development Review SDR 11-85 for Kaiser Health Plan to construct a 7,000 square foot dental office and related facilities located at 7105 SW Hampton St. 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. (1860P) CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW SDR 11-85 APPLICATION: Request by Kaiser Health Plan to construct a 7,000 square foot dental office and related facilities on property zoned C—P (Commercial. Professional) and located at 7105 SW Hampton St. (WCTM 2S1 1AC, Tax Lot 1200 and 1300) . DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the abov,- described application subject to certain conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background No previous land use cases have been reviewed by the City regarding the subject property. 2. Vicinity Information The surrounding properties are zoned C—P (Commercial Professional) and office uses are immediately east and west of the subjoct property. 3. Site Information and Proposal Description The property is occupied by a single family residence. The applicant proposes to remove the house and construct a dental clinic. A parking area will abut the building on the south, east, and west, and two driveways are contemplated on Hampton Street. 4. Agency and NPO Comments The Engineering Division indicates that construction plans for storm and sanitary sewer as well as driveway curb cuts must be approved prior to issuance of building permits. The Building Inspection Division and NPO ii 4 have no objection to the request. 0. ANALYSIS AND CONCLUSION The proposed clinic is consistent with Community Development Code standards for access, landscaping, setbacks, and lot coverage. The City's parking standards have also been satisfied except for the lack of bicycle parking spaces. The Code requires one secure bicycle rack space for every 15 required vehicle spaces. Since a minimum of 35 vehicle spaces is necessary, two bicycle rack spaces are required. The site plan should be amended to include the location of the bicycle parking. NOTICE OF DECISION — SDR 11-85 PAGE 1 C. DECISION The Planning Director approves SDR 11-85 subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO ISSUANCE OF BUILDING PERMITS. 2. Standard half-street improvements including construction or re-construction of sidewalk, curb, driveway aprons, and utilities shall be installed along the SW Hampton Street frontage. Said improvements along S.W. Hampton Street shall be built to City of Tigard standards and conform to the alignment of existing adjacent improvements. 3. 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. 4. Sanitary and storm sewer (plan-profile) details shall be provided as part of the public improvements and building plans. 5. Construction or re-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 and the payment of a permit fee. Also, the execution of a street opening permit 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 AGREEMENTS. 6. A revised site plan shall be submitted for Planning Director appoval which indicates the location of a minimum of two bicycle rack spaces. The bicycle rack design shall -also be submitted for approval. 7. The landscaping material shown on the plan submitted by the applicant shall be installed prior to occupany of the clinic. _ 8. This approval is valid if exercised within one year of the final decision date noted below. D. PROCEDURE - 1. Notice: Notice was published in the newspaper, posted at City Hall and [nailed to: =; �f f SDR 11-55 PAGE 2 NOTICE OF DECISION - - XX The applicant 6 owners XX owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON September 23, 1985 UNLESS AN APPEAL IS FILED. 3. Appeal' Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 4:30 P.M. 9/23/85 4. Questions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 12755 SW Ash, PO Box 23397, Tigard, Oregon 97223, 639-4171. 9/13(,85 Willi A. Monahan, Director of Community Development DATE APPROVED (KSL:dmj/1840P) N n - A M ~ a N � I NOTICE OF DECISION - SDR 11-85 PAGE 3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY f AGENDA OF: 9/23/85 AGENDA ITEM DATE SUBMITTED: 9/17/85 PREVIOUS ACTION: Res. 85-72 ISSUE/AGENDA TITLE: Wastewater Utility PREPARED BY: Bob Jean Advisory Committee REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE N/A INFORMATION SUMMARY Some drafting errors in the original resolution need to be corrected. Resolution 85-72 is repealed and replaced with new Resolution. ALTERNATIVES CONSIDERED SUGGESTED ACTION Motion to: Repeal Res. 85-72 and pass new Resolution. (BJ:pm/0971p) CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 23, 1985 AGENDA ITEM #: DATE SUBMITTED: September 19, 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Review City--wide Questionnaire First PREPARED BY: Donna Corbet Draft REQUESTED BY: Counci DEPARTMENT HEAD OK: CITY ADMINISTRATOR: ~ POLICY ISSUE Council decided to conduct a City-wide questionnaire INFORMATION SUMMARY The Boards and Committees, staff and counsultant have prepared a first draft of the Questionnaire. Council comment and input at this time is requested. A final draft will then be prepared by September 26 for approval on September 30. Questionnaire results will be ready by November 4 for presentation to the Council and Budget Committee on November 6. ALTERNATIVES CONSIDERED N/A SUGGESTED ACTION Discuss and direct staff revisions as necessary. Pulse Research CITY OF TIGARD COMMUNITY SURVEY PRELIMINARY SURVEY for editing purposes only! A. DEMiOGRAPHIC QUESTIONS: (fVC"E- MQP) 1. WHAT AREA DO YOU LIVE I N? (Oq kVAk=4zBKfa,� NPO-1 . . . . . . . . . . . . . . . . . E31 NPO-5. . . . . C35 NPO-2. . . . . . . . . C32Tfl!Pc etzger CPO. . . . . . . . . . . 136 NPO-3. . . . . . . . . . . . . . . . . C]3 ther 137 NPO-4. . . . . . . . . . . . . . . . . [74 Fa /- ----------------- 2. WHAT IS YOUR SEX? 7 Male. . . . . . . . . . . . . . . . . . C31 Female. . . . . . . . . . . . . . . . [32 3. WHAT IS YOUR AGE? Under IS. . . . . . . . . . . . . . 131 45-54. . . . . . . . . . . . . . . . . 135 16-24. . . . . . . . . . . . . . . . . 132 55-64. . . . . . . . . . . . . . . 136 T 25- •4. . . . . . . . . . . . . . . . . 0 33 Over 65. . . . . . . . . . . . . . . [37 35-44. . . . . . . . . . . . . . . . . [34 4. APPROXIMATELY, WHAT WAS YOUR TOTAL FAMILY INCOME BEFORE TAXES IN 1964? Undor $15,000. . . . . . . . . [31 $50,000 to $74, 999. . . . [36 $15,000 to $19,000. . . . 032 $75,000 to 5100,000. . . 137 $20,000 to $24,999. . . . 133 $100,000 to $250,000. . [36 $25,000 to $34,999. . . . [34 $250,000 to s500,000. . C39 $35,000 to $49,999. . . . 135 Over $500,000. . . . . . . . . [310 5. HOW LONG HAVE YOU LIVED IN THE TIGARD AREA? Less than 6 months. . . . C31 3 to 5 years. . . . . . . . . . C34 6 months to 1 year. . . . E32 6 to 10 years. . . . . . . . . C35 1 to 2 years. . . . . . . . . . C33 Over 10 years. . . . . . . . . C36 6. HOW OFTEN DO YOU VOTE? Every election. . . . . . . . C31 So: elections. . . . . . . . E33 Most elections. . . . . . . . 132 Never vote. . . . . . . . . . . . E34 7. HAVE YOU HAD CONTACT WITH THE TIGARD POLICE DEPARTMENT FOR ANY REASON IN THE PAST YEAR? Yes. . . . . . . . . . . . . . . . . . . E31 No. . . . . . . . . . . . . . . . . . . . 132 - 1 C. TIGARD LIBRARY QUESTIONS: In January 1986 the Tigard Public Library will move into a new facility that is more than twice as large as the present library. Your library board NEEDS YOUR HELP in making decisions on what programs you want most at your new library. B. DO YOU OR MEMBERS OF YOUR FAMILY CURRENTLY USE THE TIGARD PUBLIC LIBRARY? Yes, weekly. . . . . . . . . . . . 131 Yes, couple times/yr. . [34 Yes, monthly. . . . . . . . . . . [32 Do not use library. . . . [35 Yes, every other month. C33 9. WHAT DO YOU USE TA LIBRARY FOR?(check all that apply) General books. . . . . . . . . 131 Reference resource. . . . [37 Children's books. . . . . . [32 Telephone books. . . . . . . C38 Magazine/Periodicais. . C33 Educational guidance. . C39 Education programs. . . . [34 Fix-it books. . . . . . . . . . E310 Children's programs. . . [35 Other-----------------[311 Job information. . . . . . . [16 i(ivAiLU 10. WHAT DO YOU LIKE MOST ABOUT THEALIBRARY AND IT'S SERVICE? (check: all that apply) General books. . . . . . . . . 131 Children programs. . . . . 135 Children books. . . . . . . . E32 Reference resource. . . . 136 Magazine/Periodicals. . [33 Other--------------p__C37 Education programs. . . . [34 11. WHICH OF THE FOLLOWING WOULD YOU ATTEND AT THE LIBRARY OR LIKE TO SEE AVAILABLE AT THE LIBRARY? Historical programs. . . [31 Use computer/printer. . 134 Drama programs. . . . . . . . [32 Films. . . . . . . . . . . . . . . . E35 Lectures. . . . . . . . . . . . . . C33 Book review/study grpsC36 12. DO YOU THINK THAT TAX MONEY SHOULD BE SPENT ON VIDEO CASSETTES OF VINTAGE MOVIES, EDUCATIONAL SUBJECTS OR CULTURAL PROGRAMS? Yes, definitely. . . . . . . 131 No, definitely. . . . . . . . E34 Yes, probably. . . . . . . . . [32 Don't know. . . . . . . . . . . . E35 No, probably. . . . . . . . . . C33 13. WHAT WOULD YOU LIKE TO SEE DIFFERENT AT THE NEW LIBRARY? Longer hours. . . . . . . . . . 131 Place to read/study. . . C34 More adult fiction. . . . C32 Assistance in locatingC35 More young adult booksC33 Other-----------------C36 2 14. TO SAVE TAX DOLLARS, WOULD YOU VOLUNTEER FOR ANY OF THE FOLLOWING PROGRAMS? Teach a literacy program. . . . . . . . . . . . . . . . . . . . . . . . . . [31 My Name/Phone #------------------------------------- Assist with operational tasks. . . . . . . . . . . . . . . . . . . . . 132 My Name/Phone #------------------------------------- Sorry, can not help at this time. . . . . . . . . . . . . . . . . . []' 15. DO YOU THINK THAT TAX DOLLARS SHOULD BE SPENT ON AN AFTER SCHOOL OR LATCH KEY PROGRAMS FOR CHILDREN? Yes, definitely. . . . . . . 131 No, definitely. . . . . . . . 134 Yes, probably. . . . . . . . . 132 Don't know. . . . . . . . . . . . [35 No, probably. . . . . . . . . . [33 D. TIGARD PARKS AND RECREATION: 16. DO YOU FEEL THE CITY OF TIGARD SHOULD SPEND TAX DOLLARS ON RECREATION PROGRAMS? Yes, definitely. . . . . . . 131 No, definitely. . . . . . . . 134 Yes, probably. . . . . . . . . [32 Don't know. . . . . . . . . . . . E35 No, probably. . . . . . . . . . CJ3 17. WOULD YOU SUPPORT THE CITY OF TIGARD PARTIALLY FUNDING WITH TAX DOLLARS ANY OF THE FOLLOWING PROGRAMS? Soccer. . . . . . . . . . . . . . . . 171 Little League. . . . . . . . . 132 18. PLEASE INDICATE WHAT YOU FEEL SHOULD BE THE LEVEL OF MAINTENANCE FOR THE FOLLOWING PARKS. If you feel weekly maintence put 52 after the park, if every two weeks put 26, if monthly put 12, if quarterly put 13 if semi-annually put 2, if yearly put 1. Cool: Park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SWMriake Park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- Jack Park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- Woodard Park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- Englewood Park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- Greenway Park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- 19. THE TUALATIN HILLS PARK AND RECREATION DISTRICT LEVELS A TAX OF ABOUT $1.50/$1000 OF ASSESED VALUE ($105 per household) , ESTIMATES ARE THAT THE CITYOF TIGARD COULD PROVIDE A BASIC RECREATION PROGRAM FOR 30 CENTS/$1,000 OF ASSESSED VALUE ($21/per household) . WHICH OF THE FOLLOWING WOULD YOU FAVOR? No city tax supported recreation program. . . . . . . . . . C31 Volunteer program, some city help, no tax dollars. C32 A basic recreation program (30cents/$1,000) . . . . . . . C33 A full city recreation program(75cents/$1,000) . . . . C34 Don't know. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [35 3 f E. GENERAL. FUNDING AND SERVICE PROGRAMS: 20. PLEASE INDICATE WHICH ARE THE 5 MOST IMPORTANT USES OF STREET FUND TAX DOLLARS? (check 5 only) Street sweeping. . . . . . . 131 Street signs. . . . . . . . . . C3b Pothole patching. . . . . . 132 Neighborhd strt lightsC37 Bike paths. . . . . . . . . . . . E33 Arterial street light5138 New traffic signals. . . 134 Asphalt overlays. . . . . . [39 Intersection improvmntC35 Other-----------------1310 21. IS STORM DRAINAGE IN YOUR NEIGHBORHOOD ADEQUATE? Yes, always ok. . . . . . . . 131 No, severe problems. . . 134 Yes, most of the time. C32 Don' t know. . . . . . . . . . . . C35 No, frequent problem- 13-3 If you answered no above, please indicate your street address and phone # or call XXX-XXXX. _-__--_----.__---_----_.-----a phone #.............. 22. ARE NEIGHBORHOOD COMMERCIAL SHOPPING AREAS ADEQUATE IN YOUR AREA? Yes, can get most convenience items near by. . . . . . . C31 Satisfactory, can get some convenience items. . . . . . 132 ' No, have to travel too far to get items. . . . . . . . . . . C33 Don't know. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [34 23. PLEASE INDICATE YOUR OPINION ABOUT THE FOLLOWING CITY SERVICES REGARDING FUTURE TAXES. After each city service or program, please indicate if you feel the service could be cut back, is ok as is or you would support additional tares for more service. - CUT OK MORE POLICE PROGRAMS/SERVICES: Neighborhood Crime Watch. . . . . . . . . 131 132 133 Traffic enforcement. . . . . . . . . . . . . . E31 132 133 Neighborhoold patrol . . . . . . . . . . . . . 131 132 133 -' Burglary investigations. . . . . . . . . . 131 132 133 Serious crime investigation. . . . . . [31 132 133 Police Department Generally. . . . . . 131 132 133 LIBRARY PROGRAMS/SERVICES: Children's programs. . . . . . . . . . . . . . 131 132 E33 Teenage Youth pro rams. . . . . . . . . . . C31 132 C33 General reading X` XXXX . . . . . . . . . C31 C32 E33 CITY HALL: Office hours. . . , . . . . . . . . . . . . 131 132 133 Customer service/utility quest. . . C31 E32 C33 Citizen information & complaints. 131 132 C33 Parks maintence. . . . . . . . . . . . . . . . . . 131 E32 173 Recreation programs. . . . . . . . . . . . 131 C32 133 _ Code enforcement (business, door to door a sales,sign, building, health/safety, tax, solicitation, etc. . ) . . . . [31 C32 C33 4 _xa�_ k, F. CITY POLICY QUESTIONS: In the last 5 fiscal years, the cities operating budget has grown by 7% total . (3.7 million to 4 million) . During the same period the cities population has increased 38% (14,500 to over 20,000) . 24. WOULD YOU SUPPORT A NEW CITY TAX BASE WITH ALL OF THE INCREASE GOING TO RESTORE CUTS AND IMPROVED SERVICES FOR POLICE, LIBRARY, SENIOR CENTER, TIGARD YOUTH SERVICE AND PARKS AND RECREATION? Yes, definitely. . . . . . . Ell No, definitely. . . . . . . . 134 Yes, probably. . . . . . . . . 132 Don't know. . . . . . . . . . . . 115 No, probably. . . . . . . . . . 133 25. IF NO, WOULD YOU SUPPORT AN)f ADDITIONAL TAX LEVY FOR ANY OF THE FOLLOWING: (check: all that appl , i Police. . . . . . . . . . . . . . . . 131 Parks maintenance. . . . . [35 Library. . . . . . . . . . . . . . . 132 Recreation. . . . . . . . . . . . C36 Senior Center. . . . . . . . . 133 Other-----------------137 Tigard Youth. . . . . . . . . . 134 Not at all . . . . . . . . . . . . EIS G. OTHER QUESTIONS: 26. HAS THE OFFICIAL CITY OF TIGARD NEWSLETTER, ALL ABOUT TOWN, BEEN HELPFUL TO IN PROVIDING INFORMATION TO YOU? Yes, definitely. . . . . . . 131 No, definitely. . . . . . . . 134 Yes, probably. . . . . . . . . . . . . . . . . . C32 Don't read. . . C35 No, probably. . . . . . . . . . E33 27. HAVE YOU WATCHED ANY CITY OR LOCAL GOVERNMENT PROGRAMS ON CABLE TELEVISION? Yes, frequently. . . . . . . 131 No, never. . . . . . . . . . . . . C33 Yes, couple of times. . []= Don't know about. . . . . . 134 Don't have cable television at my home. . . . . . . . . . . . [35 28. MAJOR PROBLEM IN THE FUTURE FOR THE COMMUNITY: ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- 29. ANY OTHER COMMENTS: ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- r 5 s' s ACCESS EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT GENERAL TELEPHONE COMPANY OF THE NORTIATEST, INC., hereinafter called the GRANTOR, for valuable consideration, including all construction costs associated with widening the roadway which is subject to this Easement and costs of altering the landscaping and the traffic patterns in GRANTOR'S parking lot, placing of traffic control signs, installation of gates, and walkways, all as shown on the attached drawing, marked EXHIBIT "B", attached hereto and incorporated herein as if fully set forth, from the city of Tigard, hereinafter called GRANTEE, grants and conveys unto the city of Tigard an Easement for the construction, maintenance and repair of, and free access to, a roadway, on the following described parcel of land, situat- ed in the city of Tigard, Washington County, state of Orion: SEE EXHIBIT "A", attached hereto and incorporated herein by reference. IT IS EXPRESSLY UNDERSTOOD that this Easement does not convey any right, title, or interest except those expressly stated in this Pasant, nor otherwise prevent GRANTOR from the full use and dominion thereover; provided, however, that such use shall not interfere with maintenance and repair of, and access to, such easement. IT LS FVC UNDERSTOOD AND AGREED that GRANTEE shall hold GRANTOR harmless for any damage to persons or property, for any reasons, arising out of the use of the easement by GRANTEE, or its employees, unless GRANTOR acknowledges liability for such damages. The maintenance shall be a shared responsibility of the parties and each of the parties shall share equally the cost of maintaining the easement The obligation to share maintenance costs shall begin when the driveway is completed, and Grantor shall have sole discretion to decide when such maintenance is required. Each of the parties shall maintain liability insurance which, at a mininum, meets the standard in the industry for the particular types of uses for which the properties are used. The insurance policies shall name the owner of the adjoining parcel as an additional insured in connection with the use of the easement. After the passage of five (5) years from this date, Grantor shall have the right to terminate this Easement upon written notice to Grantee, given one (1) year prior to such termination. 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 Grantee in the above-described easement will be forfeited and shall immediately revert to Grantor, its successors and assigns in the case of such event. Grantor does hereby covenant to and with the city of Tigard, that (R it is the owner in fee sinple of said premises; that the above-described property is free from all encumbrances, and that it will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOF, the under signed corporation has caused this Easement to be executed by its duly authorized, under signed officers. GENERAL TELEPHONE COMPANY OF THE NOR' MMST, INC. BY: Its Vice President BY: Treasurer LAZE: Ski OF WLMMIUN OOUNTY OF SASH On this day of 1985before me, the , under signed, a Notary Public in and for the state of Washington, duly oa:mnissioned and sworn, personally appeared and , to me ]mom to be the Vice President and Treasurer, respectively, of GENERAL TELEPHONE COMPANY OF MM NORTHWEST, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and Purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first mentioned above. Notary Public in and for the state of Washington, residing in (NOMRIAL SEAL) i Approved as to form this 2 S day of S.'r�._�:,��_ �_�•s 19 •`;� . 'City Attorney, Ci of Tigard �ved as to legal description this ,? —dayofAle City CiW of Tigard Y 19 Accepted by the City Council this y of i 4Record4wty2of Tigard Q. t _ EXHIBIT "A" An Easement for access purposes over a portion of that certain tract of land in the southeast quarter of Section 2, Township 2 South, Range 1 West, W.M., Washington County, Oregon, Conveyed to "General Telephone Company of the Northwest, Inc." by deed recorded in Book 672, Page 400, Washington County, Oregon, Deed Records, said portion being more particularly described as follows: Beginning at the most northerly northeast corner of said General Telephone tract, said point being in the center of S.W. Burnham Street (County Road 997) and running thence along the boundary of said tract, South 2026100" West 476.10 feet and South 35024100" West 73.51 feet; thence North 2026100" East, parallel with and 40.00 feet West of the most Northerly, East line of said tract, 577.06 feet to a point in the center of said S.W. Burnham Street; thence South 43005100" East, in the center of said street 56.07 feet to the point of beginning. Containing 21,063 square feet. EXHIBIT '•B^ S1L 3 r �;g-•moo r�+'�wor�+ i ar✓o� ar.t Kw-rtzccc A M;fiil, IACD 3'S%OFaLk t;t•to.Lk mcRkiGS .OFFICE f I iU I �10w '.l�' l•OVKT ry^�2F Fi .. iw ES',cc t �NFrCFG 1 C,,p4r�. •, `. ydwi`Yl. LIBRARY CITY ..� 1\ CITY HALL _f f TIGARD CIVIC CENTER TIGARD CIVIC CENTER �pSE1V1ENT PLA Cy- CITY OF TIGARD, OREGON MEMORANDUM TO: Honorable Mayor and City Council /� September 19, 1985 FROM: Donna Corbet, Executive Secretary It" SUBJECT: 10/12 Workshop The agenda items for the October 12, Council Workshop were to be given to Mayor Cook for assembling and discussion during this item on the agenda. �w CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 23, 1985 AGENDA ITEM #: � DATE SUBMITTED: September 16, 1985 PREVIOUS ACTION: None IS-.UE/AGENDA TITLE: Cotswald Meadows No 2 Subdivision Compliance PREPARED BY: Community Development Bond Authorize Mayor & Recorder to Execute in City's Beahlf REQUESTED BY: John Hagman DEPARTMENT' HEAD OK: VVI'' CITY ADMINISTRATOR: POLICY ISSUE w INFORMATION SUMMARY 1. The proposed Cotswald Meadows No. 2 subdivision is located on the west side of SW 135th Avenue, southerly of SW Scholls Ferry Rd. The preliminary plat has been approved by the City. 2. The attached Subdivision Compliance Agreement has been submitted by the developers, as is required by the City, to assure completion of installation of all public facilities within the proposed subdivision. The developers desire to construct all required public improvements prior to recording of the plat (subsequently, it is riot mandatory that they post a performance bond). 3. Construction plans are ready to be issued and all required public improvement fees have been paid. ALTERNATIVES CONSIDERED SUGGESTED ACTION Authorize the Mayor and City Recorder to execute the Subdivision Compliance Agreement for Cotswald Meadows No. 2. (JH:br/1863P) t ' SUBDIVISION COMPLIANCE AGREEMENT THIS AGREEMENT dated the J�23�-j - day of S _r- . 1985 between the CITY OF TIGARD. a municipality of Ore on. hereinafter termed the "CITY". and Krueger Development co and OR-AK Corporation 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 Cotswald Meadows No. 2, 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 legally enforceable assurances that the public improvements will be installed as required and completed within the time hereinafter set forth. fit 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 oxith the City's requirements and the provisions hereof, Petitioner wi.11•tenddrj\ equesito the City a surety bond in form approved by the City, with liability in rthe amount of $ 101, 140.25 prior to recording of the subdivision plat. (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 091, 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 $ 447..36 (5) The City agree§ 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 ® $ 443.00 (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 $ 20,228.00 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 $ 3, 153.66 ®� Sewer Fee s 91.95 — 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 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 an 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). 4 (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 i s Council adopted at a meeting thereof duly and regularly held on the day of � re,,6 19�_. has caused this agreement to be executed by itsl Mayor and Recorder. Kr Development Co. OR-AK CORPORATION By : By: '40! By: By: THE Ct TY OF TIGARD. OREGON By: Mav or Q By Recorder (Attach Notary Acknowledgement hereto) 4 Return signed copy to: Krueger Development co. & OR-AK Corp. Z 3515 SW Barbur Blvd. Y-1 Portland, OR 97201 (00705) - 4 - MEMORANDUM f CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council September 19, 1985 FROM: Loreen Wilson, Deputy Recorder SUBJECT: Charter Revisions Due to time constraints, staff is unable to supply ballot questions for your approval Monday evening. We will hand—carry a copy of the suggested Charter language revisions which would become effective upon passage of the ballot measures in November. This will be for your review and comment. Ballot measures will be presented at the 9/30/85 meeting and must receive approval that evening if they are to be included on the 11/5/85 ballot. Staff also hopes to know whether the MSTIP measure will be included on the November ballot by Monday evening. Consent agenda title should be changed to read, "receive and file proposed Charter language". lw/3214A O'DONNELL. RAM1S. DATE September 23, 1985 1 _C7 ELLIOTT & CREW ATTORNEYS AT LAW TO Tigard City Council 1727 N.W. HOYT STREET PORTLAND. OREGON 97209 FROM Tigard City Attorney 4`.. (503) 222-4402 RE Proposed Charter Amendments This memorandum proposes specific language for Charter amendments based upon the discussions at the last Council meeting. Please consider this language, determine if it satisfies the intent of the Council, and direct staff as to which proposals should go on the ballot. 1. Clarifying filing deadlines and terms of office: Section 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 the mayor and councilors holding office on the effective date of the 1982 Charter Amendment, and holding office continuously since, [neither the mayor nor any councilor shall serve the e c ty in such position for a period of eight consecutive years, except for the filling of an unexpired term, and except that any councilor may serve as mayor notwithstanding eight years service as councilor. ] No councilor shall serve the city as a councilor for more than ei ht consecutive years, nor sha 1 the mayor serve in t at position for more than four consecutive ears. In no case shall an erson serve on t e City Counci1 for more than 12 consecutive years. These limitations do not apply to the filling of an unexpired term. Add a further paragraph to Section 7: At the time of filing, any councilor filing for mayor shall file an irrevocable resignation from the office of councilor, which is to carry an effective date prior to the date that the next mayoral term begins No person may simultaneously run for more than one elective office. 2. Creating a new position of finance officer and defining the duties of finance officer and city recorder: 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. TVR:mch 9/23/85 Page 1 O'DONNELL. RAMIS. DATE September 23, 1985 ELLIOTT & CREW ATTORNEYS AT LAW TO Tigard City Council 1727 N.W. HOYT STREET PORTLAND. OREGON 97209 FROM Tigard City Attorney ( (503) 222-4402 RE Proposed Charter Amendments 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 responsible for the administration of the Cit ' s fiscal unctions and shall sign all orders on the treasury._ 3. Meetings: 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. 4. Vote required: Section 19. VOTE REQUIRED. Except as this charter other- wise 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. 5. Mayor and mode of enactment: 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 counter- ' sign 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 TVR:mch 9/23/85 Page 2 O'DONNELL. RAMiS. DATE September 23, 1985 ELLIOTT & CREW ATTORNEYS AT LAW TO Tigard City Council 1727 N.W. HOYT STREET PORTLAND. OREGON 97209 FROM Tigard City Attorney (503) 222-4402 RE Proposed Charter Amendments Officer or a bond for a license, contract, or proposal, the Mayor shall authenticate the bond by his endorsement thereon. 6. Requiring compliance with statutory elections procedures and repev '_ing conflicting Charter revisions: Delete Sections 23 - 27 and replace with the following 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 a ections. 7. Mode of enactment: Delete Section 35(2) and substitute the following language: Section 35 (2) : Any reading may be by title only (a) if no Council member present at the meetin re uests to have the ordinance read in full or (b) if a copy of the ado ordinance is pasted in at least three public places within the city limits before it becomes law. 8. Reducing debt limitation: Section 41 ... DEBT LIMIT. Except by consent of the voters, the City' s voluntary floating indebtedness for general city purposes shall not exceed [$5,000.001 $0.00- 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 employees who create or officially approve any indebtedness in excess of this limitation shall be jointly and severally liable for the excess. TVR:mch 9/23/85 Page 3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY c AGENDA OF: September 23, 1985 AGENDA ITEM #: /-; ,/d DATE SUBMITTED: September 19, 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Training Request APWA Fall Conference PREPARED BY: William A. Monahan REQUESTED BY: DEPARTMENT HEAD OK: CITY ADMINISTRATOR: T POLICY ISSUE The Oregon Chapter of the American Public Works Association, APWA, will be held in Ashland on October 9-11. Jerry McNurlin and Bill Monahan of the Community Development Department wish to attend. The cost per employee exceeds $194.00. _o~ INFORMATION SUMMARY The Oregon APWA Conference this fall will be held in Ashland. It will provide an opportunity for Jerry McNurlin and I to participate in several training ( sessions related to public works maintenance, i.e. , pavement, personnel, and community relations. Jerry has attended sessions in the past, while this is my first opportunity to receive training in the public works area. Funds for training are available within both the Operations budget and Community Development administration. ALTERNATIVES CONSIDERED 1. Approve the request to send the Operations Superintendent and Community Development Director to the fall conference of APWA. 2. Approve the training request for one representative. 3. Deny the request. SUGGESTED ACTION The staff recommends that both employees be permitted to attend the training so that the first line supervisor and director both may enhance their knowledge of public works operations management. (WAM:br/1880P) CITY OF TIGA I EDUCATION/TRAINING REQUEST This form is to be used for conferences, seminars, college classes and other forms of either training or education. Documentation is required, a copy is to be attached to this form. Attachments for mailing may also be attached. A follow up report is required. A copy will be placed in your personnel file. DATE OF REQUEST: 9/4/8-5 Requested by: Trudy Belcher Vendor No. : PAYABLE TO: APW A Fall Conference [ j Employee request attend Al Alsing, Ashland Public Worlds J Employer required attend 20 E. Main Street For check run of Ashland. OR 97520 ( ) Mail check ( J Notify dept. when ready For: Bill Monahan & Jerry McNurlin Vendor No. : Vendor No. : PAYABLE TO: PAYABLE TO: aamasaaassassaaaaasaaaasmamaaasaa:aaaamsaamas:assaamaasm:sssaasssaa:s:ssaaaaasa Title of Program: APWA Fall Conference Institution or organization Oregon Chapter A A Registration Deadline Sept 15 . 198 raining Dates From: Oct 9 To; Oct , 1985 riscribe the purpose: Is this related to [ j current position [ ) reasonable promotion or transfer? Explain: TRAINING COSTS: ( j to be advanced j J to be reimbursed after attendance Account No. Amount Registration or tuition.... . .... ................ *** see below $ 217.00 Books...................... .... ................. for breakdown Travel (mileage, bus, train, airplane, etc.).... Lodging.. . ................. .... ....... .......... Per Diem.. .... .................................. Other: Total $ saaasaaaascessaamsssesaassasaaamassss:ss:samsaaaamaas:seas:asasasssaasamasassasaa 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 expenditures made on my behalf. Employee Signature: Date Employee Signature ; Date Appropriation balance: anager: approved ( j disapproved Dept. Head: [ ) approved ( ) disapproved (explain): Approp. Bal. 2. 1. 1. 625 $800, �r 2 . 1.2. 625 500 , 2. 1 3 625 300. Finance Director: *** 2. 1. 1--$72. 33 2. 1.2--$72 . 34 2 . 1. 3--72 .33 X TENTATIVE SCHEDULE - FALL X85 CONFERENCE Oct. 9, Wed. 12:00 to 6:00 p.m. Registration, golf, etc. 6:00 to 8:30 p.m. Social hour - vendors 8:30 to -- Free time Oct. 10, Thurs. 7:00 to 8:00 a.m. Past Presidents & Board Breakfast 8:00 to 8:45 a.m. Continental breakfast - vendors 8:45 to 9:00 a.m. Welcome - L. Gordon Mederis 9:00 to 9:45 a.m. Opening address - Lou Hannum 9:45 to 10:15 a.m. Break Thursday - continued �eSession 'BSession "A" 10:15 to 11:00 Computer Application Maintenancelurry ofpasphalng fabrics 11:15 to 12:00 TV - How to Use slurry Maintenance paving fabrics 12:00 to 1:30 Lunch - National President Lunch - National President 1:45 to 2:30 Pavement Management Computer Application ( 2:30 to 3:00 Break 3:00 to 3:45 Newspaper - How to Use Pavement Management 4:00 to 4:45 Assertive Training Assertive Training 5:30 to 6:00 No Host Social Hour 6:00 to 7:00 Dinner Dinner 8:00 to -- Play Starts - Get there on time or you DO NOT get in! Friday, Oct. 11 7:30 to 8:30 Business Meeting and Business Meeting and Breakfast Breakfast 8:30 to 9:30 Film - Brooklyn Bridge Film - Brooklyn Bridge 9:45 to 10:30 Transportaion Utility Job Site Public Relations 10:30 to 11:00 Break 11:00 to 11:45 Preventative Maintenance of Personal Health Program 11:45 to 12:30 Check Out Check Out 12:30 to 2:00 Awards Luncheon Awards Luncheon CITY OF TIGARD, OREGON MEMORANDUM TO: Honorable Mayor and City Council September 19,1985 FROM: Donna Corbet, Executive Secretary Ze-� SUBJECT: OCTOBER NEWSLETTER Attached is a rough draft of the October newsletter. The content and subject matter needs tapproved. I will be rearranging some of the articles and adding appropriate logos. , etc. If you have some editing or problems with this please let me know by Tuesday, 9/24 at noon. Thank you. P D RAFT ........................ t KO L ABOUT T X11 N FFICIAL NEWSLETTER OF THE CITY OF TIGARD OCT., 1985 1985/86 Vol . #3 PARKS AND RECREATION TOWN HALL MONDAY, OCTOBER 7, 1985, 7:30 P.M. , FOWLER JUNIOR HIGH The City of Tigard Parks and Recreation Board and the Tigard Chamber of Commerce Public Affairs Committee are sponsoring a Town Hall workshop about our Parks and Recreation programs. Concerned citizens from neighborhoods and business interests are encouraged to attend. CITY PARKS AND RECREATION FACTS: Unit or Item Adopted 1981-82 Adopted 1985-86 Change City Population 14,500 20,000 +38% City Assessed Value $629 Million 925 Million +47% City Operating Budget $3.7 Million $4 Million + 8% City Park Acres 98 Acres 130 Acres +33% Park Acres Maintained 29 53 +82% Park Maintenance Employees 4 1 1/2 –62% Employees: Acres Maintained 1:7 1/4 1:35 +400% Park Maintenance Budget $137,839 $55,000 –60% Mayor John Cook, speaking to the last Chamber of Commerce Public Affairs Committee meeting, said: "The last Tax Base adjustment by Tigard voters was in 1980 for fiscal year 1981-82. That Tax Base was planned to last for 2-3 years. Now, 5 years later, we're still operating on that same base! In May, 1984 a new Tax Base proposal failed by 6%. In November a lower proposal failed by 1%. Budget cuts -- as a direct result of growth, inflation and no new Tax Base – have hit Parks particularly hard. "The 1983 Portland State University study found that Tigard's Parks and Recreation Budget was 55% below county-gide averages for 1981-82, and we've been forced to cut even further since then. "Volunteers can and have helped alot -- Tigard Pride Committee's basketball half courts, the Englewood Volunteers park reclamation project, Rotary, Kiwanis, Howard William's "rib feed" for Windmill Park, and many others ---- but not many want to volunteer for routine maintenance. We need stable, ongoing funding — a new Tax Base or Levy — for our Parks and Recreation programs." If you want to help be a part of the solution or just want to know more about the problem, attend the TOWN HALL WORKSHOP, OCTOBER 7, 1985. CABLE TV PROGRAMS EMPLOYEES RECOGNIZED COVER CITY MEETINGS Three City employees have been this last quarter as Employee-of-th recogniz� The City of Tigard through the Metropolitan P .MonthWe're roud of our City employees Area Cable Commission (MACC) and Storer Cable TV are taping and cablecasting many who have helped overall productivity ou can't make the improvments of 25% these last few years. City meetings. If y meetings, now you can at least see what's Citizen service is our business, we just s not the thought you might like to know something a going on in our community. it, Nightly News but it may affect you more! little more about those employees we think just do it a little better. City council business meeting are now o AL DICKMAN, Wastewater Utility Work r routinely being cablecast on Cable Channel and Acting Crew Chief: Al's been with 8. Watch your local Cable TV listing in the City since February, 1979. Al's job local papers for details or schedule is to keep storm drains and sanitary changes. sewer lines clean. Al also is the one Meetin of Cable Cast on who shows up if your sewer ever does �— back up. In that sense, you may be glad Monday 9/23 9/24-6:30 PM to never have to meet Al on the job, but 9/26-12:30 & 6:30 PM we' ll bet you're glad he's on the job regularly preventing problems! Monday 10/14 10/15-6:30 PM 10/17-12:30 & 6:30 PM o JOHN FEATHERSTON, Police Officer in the Motorcycle Traffic Unit: John's a Monday 10128 10/29--6:30 PM career police officer who's been with 10!31-12:30 & 6;3Q PM the City since December, 1972. John prides himself on his professionalism Monday 11/11 11/12-6:30 PM and calm manner. We actually g*0 11/14-12:30 & 6:30 PM compliments from citizens who g traffic tickets from John! Monday 11/25 11/26-6:30 PM 11!27-12:30 PM only o BOB T}iOMPS0N, Engineering Technician and Inspector: Bob's one of our employees This Summer's Transportation Committee Town who does double or triple duty and has Hall meeting will be cable cast: been with the City since November, 1971. A skilled Engineering Tech- Tuesday 10/8 12:30 & 6:30 PM nician, Bob reviews subdivision plans and then does construction field Thursday 10/24 12:30 & 6:30 PM inspections. Bob's also been cross- training as a back-up Building Inspector. The Parks and Recreation Town Hall meeting from October 7, 1985 will be cablecast: Remember, we're here to help make Tigard an even better community. If you've had a Thursday 10/10 12:30 & 6:30 PM problem with the City, call us or drop us a note so we can correct it. Conversely, if Tuesday 10/22 12:30 & 6:30 PM we've done a really good job for you, you might drop us a note about that too! VOLUNTEERS NEEDED 1 Neighborhood Watch Steering Committee is up and running. They are looking for inter- ested persons to complete a city-wide net- work of citizens to help keep crime down. Please contact Tigard Police Department at 639-6168.'` CITY RECEIVES AWARD FOR TRAFIC SAFETY BURN OR COMPOST The Oregon American Automobile Association has recognized the City's traffic safety fety is a prime concern during backyard engineering and traffic enforcement efforts 4irning season. with its Traffic Safety Award. This is the second year in a row without a traffic To prevent your home from becoming a fatality. TGgether — police, engineers and statistic burning should be done only in a citizens -- we can improve the safety and safe area, at least 50 feet from all liveability of our community. buildings and fences and away from any other combustible materials. Burn only on BREAKFAST WITH THE MAYOR days with minimal wind to reduce the possibility of spreading the fire caused by The second annual "Breakfast With The Mayor blowing ash and to eliminate hazardous is being held at the Odd Fellows Hall, 13720 driving conditions caused by smoke blowing S.W. Pacific Hwy, on Saturday, October 19, across roadways. A garden hose should be hooked up and ready to use. The burn pile from 7:30 AM to 12 PM. "Flapjack" John Cook, should be attended at all times. Following the Honorable Mayor of Tigard, will be these simple tips will reduce the chances cooking up your favorite breakfast of pancakes, scrambled eggs, sausage and milk or that your burn pile will got out of control. coffee for the nominal fee of $2.50 for Other options to burning debris include adults and $1.25 for children under 12. bagging debris for pickup by the disposal Proceeds to go to Tigard community programs company, taking it to a local landfill or and activities, hiring a chipping firm to reduce the debris and haul it away for composting. Neighbors can work together on any of these methods to reduce the time, effort and expense of safely disposing yard debris. CHIMNEYS LEADING CAUSE OF FIRE With the hot summer weather, the use of CIVIC CENTER PROGRESS woodstoves and fireplaces is forgotten. Before too long, however, the temperature will dip and it will be time to start up The heavy rains in mid-September caused these heating devices. some delay on the final site work for the driveway and parking lots, but nothing the Leading causes of fires are dirty and/or : contractor* too worried about, yet• defective chimneys and flues. To reduce this Framing has started. Glue-lam be read dy hazard in your home, why not plan ahead a ' truss structures for roofing a the September 18, little and have your chimney cleaned before Visitors and guests at the heating season begins? 1984, Civic Awards and Recognition Day at flue clean itself by the Senior Center were able to anno Creek Park and Ci.vri.crthe new Center. Letting a chimney or f Downtown F allowing it to burn once a fire does get started is a dangerous method of cleaning out Meanwhile, bids have been called for an the made the build up of creosote. A small crack in Library bookshelves and furnishings the chimney is all it takes to allow the fire possible by the recent county-wide Library to escape into a wall or attic area; this may level approval. If all goes well, building occur very rapidly and may go unnoticed until and furnishings should be ready to the the intensity builds up and a major fire public in January or early February. occurs. t Visitors are reminded that authorized by cting site visits can be y&arranged Corbet at City Executive Secretary. Hall, 639-4171. REGULARLY SCHEDULED MEETINGS City =0 -I- Reg. Mtg. : 2nd 6 y 4th Mon., 7:30 p.m., Fowler LGI room. Sp. Mtgs. : 3rd BUY-A-BRICK ORDER FORM Mon., 7:30 p.m., Fowler LCI $15.00 PER BRICK room. Be a part of Tigard's history. Each brick ordered will be imprinted and Economic Dev.: 3rd Tues. 7:30 installed to create a beautiful courtyard for the new Tigard Civic Center. a.m., Pioneer Pies Any proceeds in excess of the cost of the courtyard will be used to purchase art and special items for the Center. Library Board: 2nd Monday, PLEASE READ AND FOLLOW THESE INSTRUCTIONS CAREFULLY: 7.00 p.m., Tigard Library 1 Only proper individual,family or business names may be used. Park Board: 3rd Thurs. 7:30 No nicknames or phrases con be accepted. p.m. City Hall 2 One order form must be completed for each brick You will receive a numbered Brick Certificate to confirm your order. Planning Comm.: 1st Tues. 3 Up to 24 spaces may be used per brick.Use one box for each after 1st Monday 7:30 p.m., letter,punctuation mark and space between names. Fowler 4. The Tigard Arts and Gifts committee(TAG)reserves the right to correct or reject any brick order not conforming to these Transportation Comm: 1st instructions.Bricks will be installed randomly. Thurs., :30 p.m., City Hall _..._..................... ............. NPO #1 6 4: 1st Wed., 7:30 ....................... .. (PLEASEPMT CLEAW p.m., City Hall Nome to be NPO # 3: 1st Mon., 7:00 p.m., '►printed: 1 i Fowler Library Person Placing Order: Nome NPO # 5 6 6: 3rd wed., 7:30 Address P.M., City Hall Sir".COV.snare,tip Telephone ► CCI: 4th Mon., 6:30 p.m., City Hall Please remit wtfh$15.00 Check or money order to: OFHCE USE ONLY HEARINGS OFFICER: 2nd b 4th T.A.G. Thurs., 7:00 P.M. Durham po.Box 23066 6` Treatment Plant Tigard,Oregon 97223 &C BULK RATE CITY OF TIOARD CARRIER ROUTE PRE-SORT P.O. BOX 23397 U.S. POSTAGE PAID TIGARD, OREGON 97223 PERMIT 2529 PORTLAND, OR. POSTAI. CUSTOMER OCl OIIE R NI WSI FI It R ARI 1(:A I (ADD1 I I ONAI j METI_GER/WASHINGTON SQUARE 5t:RV I(.a-S STUDY Based on requests from Metzger area residents and W—Kington Square property owners, the Tigard City Council has directed staff to prepare an Urban Services Policy Study of the Metzer/Washington ;;quare area. The City will study the costs of providing urban services to the area, and the revenues from the area if it were to be annexed into the City. One additional specific question to be answered is. If there are any net revenue gains above basic services costs, can these funds be allocated to specific Metzger/Washington Square area problems? The Metzger/Washington Square Urban Services Policy Study will be conducted this Fall in cooperation with area residents and property owners. The Study is due to be completed in January, 1986. Information from the study can then be used by the City and area individuals to evaluate annexation advantages and options for all concerned. (1002p) �r CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA ITEM #: /3' AGENDA OF: 9/23/85 J DATE SUBMITTED: 9/19/85 PREVIOUS ACTION: �✓IR ISSUE/AGENDA TITLE: APPROVE CABLECASTING AGREEMENT PREPARED BY: R.W. Jean WITH M.A.C.C. REQUESTED BY: _ DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE Should City Council meetings be routinely cablecast for community viewing? INFORMATION SUMMARY Council approved, in its policy calendar, the twice monthly cablecast of Council business meetings and four town hall meetings annually. At $225/meeting, the monthly cost is $450. With the four town hall meetings tha annual cost would be $6,300. Currently, cablecasting is scheduled for 9/23, 10/14, 10/28, 11/11, 11/25, 12/2 and 12/16. The Transportation Town Hail this June ran this summer and will be rerun this fall. The 10/7 Parks and Recreation/Chamber of Commerce program is scheduled for cable cast and airing this Fall. The 1/6 Annual Town Hall is scheduled for cablecast this Winter. ~ _ +ALTERNATIVES CONSIDERED 1, Authorize twice monthly Council business meetings and four Town Hall type meetings for cablecast. 2. Expand or reduce the schedule. 3. Discontinue cablecasts to the community. SUGGESTED FACTION #1 Approve cable casts as scheduled per Council Policy Calendar and direct Administrator to prepare Contingency adjustments with the Fall Supplemental Budget adjustments. � a r NZETROPOLI rAN AREA COMMUNICATIONS COMMISSION 12655 S.W. Center Street • Suite 390 • Beaverton, OR 97005 • (503) 641-0218 / 641-0166 September 18, 1985 Mr. Bob Jean City Manager City of Tigard P. O. Box 23397 Tigard, Oregon 97223 Dear Mr. Jean: Enclosed are two copies of a contract for MACC's provision of television production service for the City Council meetings, and an up-to-date production rate sheet which will apply. We ask that both copies of the contract be signed and returned to MACC, and we will sign the City's copy and send it back to you. Please note that if the City should require us to cover additional special meetings not covered under this agreement, the production rate sheet would apply to these activities as well. These additional programs would be invoiced together with the meetings covered under the contract. Since we had technical difficulties at the first regularly scheduled production on September 9, we will . not begin charging the City until the September ,�3 meeting. If you have any questions regarding this contract, please call me. We look forward to working with you, your staff, and your other elected and appointed officals to provide your citizens with quality "access to government" coverage of these proceedings. Also, if you have special production projects that you would like us to undertake, please call me. Thank you for your interest in community programming on the cable system. Sirferely, ( Andrew C. Beecher Programming Director ACB/jyh Enclosures A G R E E M E N T METROPOLITAN AREA COMMUNICATIONS COMMISSION 12655 SW Center Street, Suite 390 Beaverton, Oregon 97005 AGREEMENT between the Metropolitan Area Communications Commission (hereinafter "MACC" ) , an intergovernmental cooperation commission located in Beaverton, Oregon, and the City of Tigard (hereinafter "City" ) , a municipal government located in Washington County, in the State of Oregon. 1. Provision of Services MACC shall provide the following services: a. MACC shall videotape meetings of the Tigard City Council (hereinafter "Meetings") "gavel-to-gavel", twice each month, generally on the second (2nd) and fourth (4th) Mondays of each month. w5 b. The television coverage Meetings shall be " g producedby MACC of the Council 9 gavel-to-gavel", except during executive sessions, and shall employ quality two-camera color video equipment, adequate audio pickups, character generation, and 3/4-inch "U" format recording decks. C. MACC shall arrange to have the recordings of the Meetings played back (cablecast) on an available community access television channel on the Storer Metro Cable Television System fi in Washington County (hereinafter "the System") . The recording of each Council Meeting and Planning Commission Meeting shall be cablecast, in full, on the System at least twice. 2. The City's Responsibilities The City shall: a. Provide a representative of MACC with a copy of the agenda for each Meeting as far in advance of these meetings as is practicable; MACC PROGRAMMING SERVICES -1- CONTRACT - CITY OF TIGARD b. Provide MACC and its representatives with adequate access to the rooms and buildings where the Meetings will take place, and access to AC power for lights and other hardware. �T 3. Warranty MACC warrants its video productions to be of reasonable quality, taking into consideration the nature of the Meeting and the space in which it is conducted, the condition of the equipment provided to MACC under its Franchise Agreement with Storer Metro Communications, Inc. , and other recording situations beyond the control of MACC. MACC further warrants that its coverage of the Meetings shall be as objective as is possible, and that the recordings of the Meetings shall not be edited except for the alphanumeric information inserted into the video picture to provide the viewer with agenda and other objective information. 4. Retention of Recordings MACC shall retain the recordings of each Meeting, or copies thereof, for a period of a least fourteen (14) days after its conclusion. If the City wishes to obtain a copy of the recording, or to purchase the original recording, the City shall pay, or cause to be paid, to MACC an amount determined from the price listed in Paragraph #5 ($28.00 for up to two hours for a 1/2" VHS copy) . 5. Price In consideration for the services described above, the City shall pay, or cause to be paid, to MACC financial compensation in the following amounts and manners: vomo^, x,r) f $aeS'.0 0 for each Meeting covered of less than 1-1/2 hours in duration. 0 for each Meeting covered of 1-1/2 to 2-1/2 hours in duration. $a.?0'.00 for each Meeting covered of 2-1/2 to 3-1/2 hours in duration. ,a18 b for each Meeting covered of 3-1/2 to 4-1/2 hours in duration. ;65- 4350-.= for each Meeting covered of 4-1/2 to 5-1/2 hours in duration. 3�Q $'194weS for each Meeting covered of 5-1/2 to 6-1/2 hours in duration. MACC PROGRAMMING SERVICES -2- CONTRACT - CITY OF TIGARD There will be no additional charges for playbacks (cablecasts) of the recordings of the Meetings. Each month MACC will calculate the amount due for services provided to the City, according to the above table, and shall invoice the City for that amount. 6. Copies If the City desires copies of the Meeting on 1/2" VHS videocassette, the City will pay, or cause to be paid, $28.00 for up to two hours of tape, and $10.00 for each additional hour, or portion thereof. The parties (MACC and the City) acknowledge that they have read this Agreement, understand it, and agree to be bound by its terms. They further agree that this Agreement shall terminate on June 30, 1986, at which time a new agreement would be necessary to continue the services detailed herein. The parties further agree that this Agreement is the complete and exclusive statement of the agreement between the parties, which supercedes all proposals, oral and written, and all other communications between the parties relating to the subject matter of the Agreement. DATE: , 19-,� SIGNED MACC AUTHORIZED REPRESENTATIVE PRINT NAME AND TITLE DATE: , 19 SIGNED CITY OF TIGARD AUTHORIZED REPRESENTATIVE PRINT NAME AND TITLE MACC PROGRAMMING SERVICES -3- CONTRACT - CITY OF TIGARD METROPOLITAN AREA COMMUNICATIONS COMMISSION PROGRAMMING SERVICES PRODUCTION RATES ( (Available Only to Public Agencies and for Other Governmental Purposes) 1. Coverage of Public Proceedings Complete charges for coverage of council, commission, or other public meetings, including crew, equipment, videotape, scheduling program for cablecast on the cable system serving the MACC Franchise Area, and preparation of the tape(s) for cablecast. (Length of Meeting) -- Minimum 1h to 2h to 3� to 4h to 5'h to (Up to 2h hrs. 3h hrs. 4h hrs. 5k hrs. 6'h hrs. lh hrs. ) OPTION "A" Full MACC Crew) PER MEETING: 185.00 230.00 270.00 310.00 350.00 390.00 PER 26 MEETINGS: 4810.00 5980.00 7020.00 8060.00 9100.00 10140.00 OPTION "B" Jur sd ction provides one production assistant) PER MEETING: 155.00 190.00 225.00 260.00 295.00 330.00 PER 26 MEETINGS: 4030.00 4940.00 5850.00 6760.00 7670.00 8580.00 OPTION "C" Jur ad ation provides two production assistants) PER MEETING: 125.00 354.00 182.00 210.00 239.00 26?.00 PER 26 MEETINGS: 3250.00 4004.00 4732.00 5460.00 6214.00 6942.00 OPTION "D" (juriaaication provides three production assistants) PER MEETING: 97.00 118.00 139.00 160.00 181.00 202.00 PER 26 MEETINGS: 2522.00 3068.00 3614.00 4160.00 4706.00 5252.00 OPTION "E" Jur a lion provides four production assistants) PER MEETING: 51.00 63.00 76.00 89.00 102.00 115.00 PER 26 MEETINGS: 1326.00 1638.00 1976.00 2314.00 2652.00 2990.00 2. Production Personnel for Individual Projects Sery ce available to public agencies only, unless for organization under contract with public agency in MACC Franchise Area. MACC OTHER PUBLIC JURISDICTION AGENCY Hour Day Hour Day Producer/Director Pre-Product on Planning 25. 200. 30. 240. Production/Post Production 30. 240. 35. 280. Production Assistants Aud o Floor Direction 12. 96. 15. 120. Other Technical Assistance 10. 80. 12. 96. MACC PRODUCTION RATES Continued ' 3. Video Production Equipment MACC OTHER JURISDICTION PUBLIC AGENCY Hour Day Hour Day Portable "EFP" (Portapak) Color 25. 120. 35. 170. Video System, with Recorder, Camera, & Microphone; NOTE: Must be accompanied by MACC technician. Basic Video Editing System; 20. 120. 25. 150. Note: Client may operate system after h-hour workshop in editing from MACC staff (hourly personnel charge) . Portable Mini--Mixer for Audio 3. 10. 5. 15. (4 or 5 Inputs) Portable Mixing Board; NOTE: 10. 30. 20. 60. Client may operate board after k-hour workshop from MACC staff (hourly personnel charge) . t Professional Lighting Kit, 10. 40. 15. 60. including 3 instruments, stands, accessories, and use of lamps Microphones 2. 6. 3. 9. 4. Dubbing (Co in ) Prices do notinclude tape stock. Number of Dubs Length of Recording in Minutes 15 30 45 60 90 120 1 6.00 6.50 7.00 7.50 8.00 8.50 2 - 5 5.00 5.50 6.00 6.50 7.00 7.50 a _ 13 . E CITY OF TIGARD RESOLUTION NO. 84-,3q A RESOLUTION REACTIVATING AND CLARIFYING THE URBAN PLANNING AREA AGREEMENT BETWEEN THE CITY OF TIGARD AND WASHINGTON COUNTY. WHEREAS, the City of Tigard and Washington County agreed to an Urban Planning Area Agreement (UPAA) which was adopted by both governmental bodies in 1983; and WHEREAS, the UPAA lapsed on January 1, 1984, and was not extended by the two parties; and WHEREAS, a prior agreement executed in 1980 was reactivated on January 1, 1984, which is unsatisfactory to both parties as it is inconsistent with the City and County Comprehensive Plans, specifically relative to transportation issues; and WHEREAS, it is in the best interest of the City and County to establish a process to resolve transportation inconsistencies between the City and County Plans; and WHEREAS, it appears to be in the beat interests of the City and County to { establish temporary design standards for the planned connection of S.W. Murray Blvd. and S.W, Gaarde Street to be applied until such time as the City and County Transportation Plans are consistent with one another. NOW, THEREFORE BE IT RESOLVED: I. The Tigard-Washington County Urban Planning Area Agreement, adopted as Ordinance No. 83-33, is hereby reactivated and ratified through June'-30',"1953 by the City iii accordaince with the provision of Section VI of said Agreement which allows it to be extended; and that this Agreement shall supercede all earlier Urban Planning Area Agreements between the City and rhe County; and 2. The City agrees to the following process to resolve transportation inconsistencies between the City and County Comprehensive Plans; A. Upon receipt of the draft METRO Southwest Corridor Study, the City and the County shall designate an equal number of appropriate staff personnel to meet and prepare a joint report which presents a committee recommendation on: (1) The functional classification of Durham Road (2) The need and location of an indirect connection or connections between Murray Blvd./Scholl@ Ferry Road and Gaarde Street/99W; and { B. Within six months of the receipt of the draft Southwest Corridor Study, the joint committee shall report its findings to the Tigard City Council and Board of County Comiaissioners for Washington County for adoption of a mutual agreement on the resolution of the transportation issues; and RESOLUTION N0. 84 � 3. The City hereby establishes the following temporary design guidelines for any segments of the planned Murray- Blvd. and S.W. Gaarde Street connection betweenthe vicinity of 135th/Walnut and 121/Gaarde intersections that may be proposed prior to the implementation of (2) above: A. Right-of-way shall be 60 feet; B. Improvement width shall be 40 feet; C. There shall be no "T" intersection or other design features that will impede the function of the street as a minor collector; D. Driveway access shall be limited, but not prohibited; E. The road shall be constructed according to City structural standards. F. The curve radius will be a minimum of 350 feet. The need to modify the preceeding standards shall be reviewed by the committee established in (2) above; and 4, The City hereby reaffirms its strong support for the inclusion of the proposed westerly by-pass in the METRO Regional Transporeation Plan. 5. The County agrees to support the City at Tigard's LCDC hearings. PASSED: This ���"a day of , 1984. ayor pro tem - City of Tigard ATT ST' Deputy City Recorder - City of Tigard RESOLUTION NO. 84- 3q (0407P)