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City Council Packet - 08/22/1988 Agenda Update - 8/22/88 o STUDY SESSION - Agenda Review 1. BUSINESS MEETING: 1,1 Call To Order and Roll Call Br S Ea Absent 1,2 Pledge of Allegiance 1,3 Call To Staff and Council For Non--Agenda Items 2. VISITOR'S AGENDA (2 Minutes or Less Per Issue. Please) William Monahan; Dave Klingele; Travis Pilcher; John Blongren (Mr. Blomgren expressed concern with construction at Lincoln Towers - CC direction to CD Director - report back on 9/12 and CC discussion. Presentation of Keys to City - 1488 Senior Girl Little League World Chmapions. 3. CRUISIN' TIGARD REPORT u TPI CoaaamiLtee Dave Folgio. Steve Ogden 4. CONSENT AGENDA: Theso itoms are cunsidurod to be routino and may be onactod in tine motion without separwto discussion. Anyono may reoquoat that; an itom be romoved by motion for discussion and separate, fiction. Motion to; 4.1 Approves Council Minutos; July 11, 1988 4.2 Rocuiva and File Dopartmontal Monthly Ropurts aa. Community Doveolopmont. May, Juno, & July, 1988 b. Community Seorvicov - July, 1911U c. t,ibr-ary July, 1988 E d. Police Juno & July, 1988 4.3 Reoceeivo Bund File: a. Tigard Auction Ropurt 4,4 Approveo Appropriation Rosolution For, City Cenlor F inaanc Taal Consultant -- Resolutiun No, 88-79 4,5 Roeveaiv+o CD110 Grant Moniean & Appropriaato funds - Ren. Nu, 80=8O 4.6 Roceand Council Noting; Convano L.ocAl Contract Ruviow Rowrd Meeting (LC:RB).; aa. Award C1conLrAct For City Cinter f"immnciial Consultant b. AWAard Bid 100th Avenue! ,term Drain Imprcovoinwit c. Award Singles Source Slid For Mobil Data 7earmi,nvals (M07 'n) d. Award pod icor Two Public Works Pickups 9. Award Did For "two Data Collection Devices Adjourn L.CRB; Rw_convonca Council Meeting. 4,7 Approvea Texaco Appeal Nuearing Final Order Resolution No, 88••81 4,8 Approve Classification Roviow Proccass 4.9 Approve Ameandmont to Oregon Deportment of Transportation Agroorn ant for Pacific Highway/78th Avenue I.ntrarsoction - Ron, No. 8882 4,10 Authorize Intargovearnmentaai Cooperation Agreement with City of Portland for Tigard Police Dopsartmant- Volunteer, of Time, Services and Equipment during the Inter-national Association of C:hinfs. Annual Conference, October 15-20, 1988 - Resolution No. 9883 Jo/3c with ameendmsant to 4.7 - UA �._.5. PUBLIC HEARING ._ COMPREHENSIVE PLAN AMENDMENT CPA 88--02, ZONE CHANGE ZC 88--08, LOT LINE ADJUSIMENI M 88-12 TIGARD SCHOOL. DISTRIC't (DURHAM SCHOOL) NPO # 5 A review of the Planning Commission recommendation of approval for- 11 A plan amendment from Light Industrial to Public/Institution for 2.89 acres (W01M 2S1 13BA, lot 400): 2, A zone change for this parcel from I-P (Industrial Park) and for the adjacent Durham School property (WCIM 2S1 13;1, lot 300) from I--P (H-D) Historic District) to R-12 (H-D) (Residential. 12 units/acre, Historic- District overlay): 3. A lot line adjustment to combine the two parcels into one 8.29 acre parcel . Lunation: 7360 SW Durham Road and 8040 SW Durham Road. o Consideration By Council - Ordinance No. 88-21 Sc/Jo UA 6. PUBLIC HEARING -- MURDOCK HILL. DRAiNANGE FASEMEN1 VACATION o Consideration By Council - Ordinance No, 88-22; Jo/Sc; CO Director to report in memo form for 9/11 CC meeting about what can be done to mitigate drainage problems in area; also report to include history of bldg. permit issuance and variance procedure on this case 7, PUBLIC HARING _. BLNJAMIN F.RANKL.IN COMMON R1'GHI OF'--WAY VACA110N o Considoration By Council - Ordinance No, 88-23 - Sc/Jo UA 61 PUB1,1C H[::AR1NG -- S11L 01;:V[J..0PMt:.N1 REV31:.W `rDR` 07-0!) (14cARD 'TOWK SQUARE) W1T;3TU0OD (`,ORPORAt10N NPO # 6 Roquout; to construct a 300 sca. ft, building along tho pacific Highway fronto,jo within an area proviously opprovod for landscaping. Location; %0 Pacific. Hitlhway/liqard lowriv 'Sgworo (WCIM 2;11, V)BA; "IL 101) l o Considorot.ion By Council ,- Direction To StAff For Final Order Motion by Jo, seconded by Sc to support staff rocommonation of denial; fin&l order to be prepared for CC consideration 9/12/88 y, A11K-AL PUBL.1C; 111,AR3NG t144101V3SION 87•-03 1tR(IF'(:,fR DI:VI:IOPMI:.N1 (COTSWALS M 4) NPO H 7 Appoal of iho 11uiarinqu Officor opprovial for, M approval perked uxtonsiorl acrd to camond tho phasin<l plan fur ra proviouyly *pprovod 72 lest tubdivinion. Loc:mation: botwoon Wilton Ave, and 15cholls 1'orry Road, immediactoly west of Cotawald 1 utrdivision) (WC1'M ISI 13tD lot 700) , This will be an "wrqumont-type" hoaring only, Tho Council will consider, only the rocord bofura the Hoar'ings Officer, which is on filer eat City Hall and has boon fully roviowed by thsr Council. The Council wi1.1 further is not allowod unclear City endo to consider any now taistimony or, esvidonce which is not in thea record. o Consideration Dy Council - Direction To Staff for final Order Jo/Sc - Motion to continues hoaring to 9/26/88 10. NON-AGENDA ITEMS: From Council and Stiff Names 11. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 11:05 p.m. under the provisions of ORS 192.660 (1) (a), (d), (a), 6, (h) to discuss City Administrator selection, labor relations, real property transactions, and current and pending litigation issues. C- 12. ADJOURNMENT: 11:25 p,m. cw/5814D r J = Supplemental Items Revised 8/19/88 = Addntl Items Added TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate BUSINESS AGENDA - CATV sign-up sbeet(s). If no sheet is available. AUGUST 22, 1968, 6:30 P.M. ask to be recognized by the Chair at the start TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are 13125 SW HALL BLVD. asked to be to 2 minutes or less. Langer matters TIGARD, OREGON 97223 can be set for a future Agenda by contacting either the Mayor or City Administrator. a STUDY SESSION - Agenda Review 1. BUSINESS MEETING; 1.1 Call To Order and Roil Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non-Agenda Items 2. VISITOR'S AGENDA Q Minutes or less Per Issue, Please) 3. CRUISIN' TIGARD REPORT o TAI Committee 4. CONSENT AGENDA; Those Stoma are considered to be routine and may be on4cted in one motion without a€parato diacuasion. Anyone may raquast that an item be Yomoved by motion for discussion and separate action. Motion tog 4.1 Approve Council Minutes; July 11 & 18, 1988 4,2 Receive and File Departmental Monthly Reports a. Community Development - May, June. & July, 1908 b. Community Service,! - July, 1988 c. Library - July, 1988 d. Police - Jun# & July, 1988 4.3 Receive end File; a. Tigard Auction Report 4.4 Approve Appropriation Rosolution For City Center Financial Consultant - Resolution No. 88- 4.5 Receive CDBG Grant Monies & Appropriate Fund# - Ras. No. 88- 4.6 Roca@$ Council Meeting# Convene Local Contract Rk .ow=ard Hooting (LC11,01 a. Award Contract For City Center Financial Consultant b. Award Bid 100th Avenue Storm Drain Improvement c. Award Singles Source 1114 For Mobil Data Torminals (VDT's) d. Award Bid For Two Public Works Pickups c. Award Bid For Two Data Collection D@virga Adjourn LCR11 Reconvene Council Ma@ting. 4.7 Approve T@xpeo Appeal Hearing Final. Order - R@solution No. 88- 4.8 Approve Classification Review Process 4.9 Approve Amendment to Oregon Department of Transportation Agra@Ment for Pacific Highway/78th Avenue Intersection - Rea. No. 88- 4.10 Authorise Intermovernmental Cooperatioa Agreement with 7iiy of Portland for Tigard Police Department Volunteer of Time, Services and Equipment during the International Association of Chiefs Annual Conference, October 15-20, 1988 - Resolution No. 88- PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 88-02, ZONE CHANGE ZC 88-08, LOT LINE ADJUSTMENT M 88-12 TICARD SCHOOL DISTRICT (DURHAM SCHOOL) NPO 4 5 A review of the Planning Commission rpcommandstion of approval fors 1. A plan amendment from Light Industrial to Public/Institution for 2.89 acres (WCTM 291 13BA, lot 4001 2. A gone change for this parcel from I-P (Industrial Park) and for the adjacent Durham Scheel property (WCTM 291 138, lot 300) from I-P (H-D) Historic Dittrict) to R-12 (H-D) (Residential, 12 units/scre, Historic District overlay); J. A lot line adjustment to combine the two parcels into One 8.29 acre parcel. Locations 7360 SW Durham Road and 8040 SW Durham Road. 0 Public Hearing Opened 0 Declaratioaa Or Challenges 0 Summation By Community Development Staff 0 Public Testimony: Proponents, Opponents, Cross Examination 0 Recommr_ndstlon By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council - Ordinance No. 88- 6. PUBLIC HEARING MURDOCK HILL DRALNANGE EASMENT VACATION o Public Hearing Opened o Daclaratlans Or Challenges o Summation By Community Development Staff o Public Testimony. Proponents, Opponents, Cross Examination o Recommendation By Community Development Staff o Council Questions Or Comments o Public Hearing Closed o Consideration By Council - Ordinance No. 88- 7. PUBLIC HEARING - BENJAMIN nAMACLIN COMMONS RIGHT-OF-WAY VACATION o Public Hearing Opened 0 Declarations Or Challenges o Summation By Community Development Staff 0 Public Testimony. Pro,onents, Opponents, Cross Examination o Recommendation By Community Development Staff a Council Questions Or Comments o Public Hearing Closed 0 Consideration by Council — Ordinance No. 88- 8. PUBLIC HEARING — SITE DEVELOPMENT REVIEW SDR 47-03 (TIGARD TOWNE SQUARE) WESTWOOD CORPORATION NPO # 6 Request to construct a 300 sq. ft. building along the Pacific Highway frontage within an area previously approved for landscaping. Location; SW Pacific Highway/Tigard Towne Square (WCTM 2SI, 15BAi TL 101) o Public Hearing Opened 0 Declarations Or Chmllongea o Summation by Community Development Staff a Public Taatimonyt Proponents, 0.pponcnta, Crops Examination o Recommendation by Community Dsvalopmant Staff o Council Questions Or Comments o Public Hearing Closod o Consideration By Council — Direction To Staff For Final Order 9. APPEAL PUBLIC HEARING - SUDDIVISiON 6 87-03 KRUEGER DEVELOPMENT (COTSWALS 1 A) NPO M 7 Appeal of the Hearings Officer approval for it approval period extension and to amend the phasing plan for a previously approved 72 lot subdivision. Locationt betwaan Wilton Ave. and Scholls Ferry Road, Immediately wast of Cotswald 3 Subdivision) (WCTM 161 33CD lot 200). This will be An "argument-typo" hearing only. The Council will consider only the record before the Hearings Officer, which is on file at City Ball and has b®an fully reviewed by the Council. The Council will further is not allowed under City sods to consider any now testimony or evidoncd which is not in the record. 0 Public Hearing Opo-nod 0 Doelaratioos Or Challenges 0 Summation Of Hearings Officer Findings by Community Development o Public Testimooyt Appellants, kespondents, Appallantg Rebuttal o Council Questions Or Comments 0 Public Hearing C,loscd 0 Consideration Ey Council - Direction To Staff for Final Order 10. NON-AGENDA ITP.MSt From Council and Staff 11. EXECUTIVE RESSIONt The Tigard City Council will go into Executive Session under the provisions of DRS 192.660 (1) (a), (d), (e), L (h) to discuss City Administrator selection, labor relations, real property transactions, and current and pending litigation issues. 12. ADJOURNMENT 1w/5814D A C I G A R D C I T Y C O UNC I L REGULAR MEETING MINUTES — AUGUST 22, 1980 — 6:30 P-M. 1. ROLL CALL: Present: Council President, Gerald Edwards; Councilors: Valerie Johnson, and John Schwartz; City Staff: David Lehr, Chief of Police; Keith Liden, Senior Planner; Jill Monley, Interim City Administrator; Ed Murphy, Community Development Director; Tim Ramis, Legal Counsel; Catherine Wheatley, Deputy City Recorder; and Randy Wooley, City Engineer. 2. STUDY SESSION -- AGENDA UPDAI L a, Councilor Schwartz. .asked for more information concerning Consont Agenda Item 6 6 c. (Award Single Source Did for Mobil data. Terminals (MDT)), Chief of Police explained that partial funding for this would come from forfeited—seized funds, Chief of Police outlined the savings which would bo reali od by purchasing the equipment now, b, Councilor fdw�irda questionod A onda Item 6.0 (Approve Classification Roview Proc:uas), Ito asked if it would not be advisablo to wait for is now City Administrator befuro procooding with the Classification roviow prouala, Intorim City Adminitttrator notod hpr concern with Putting toff this study in light of the btpctatrting OKU noijot;isttiona, ;;he explained that 01i1 would root bo a markot atudy, 11tio purpoup of tht+ 140vit%w PrOcetyl would k)Q to axtats►ir►e tho Ciiy' 1 intor•nal rolAt.ionlhips sand 010a ippropri.tatonaaa of the) aaklary schodulu in relotionahip to 41 Job Cl&1»ificdtiona, Councilor, Johnoon advisod oho would coirok, Eta b4ACkgr0und data colloct:ion but r►u 01411901 or implomont.;itiun ahcauld t.<aku Pt,,ace boforu hirin.1 a now City Adminitstr'atcar, Council conaennus was tea allow t,l,iff t.Ga obt:-►in Information from levoral e:.onoultontl to aoruro prico i+atimAtes and dovolop a morn dof inod #eopo of wok. C, Councilor t'dward% quoistionod Item 6, 10 (11.10 lnteargovornillontal Coopear,aation Agropmiant with the City of Portland for Tigord Police bepdrtment voluntoor of lima, aervires, and C;:quipmvmt Ouring thin Intornationa►1 Association of (.hiofv Annual Conforonre), Chief sof Polico explainod thaat at liga►rd poll(.-,(k Officer would oporaater all eaquipmont/vehiclev lotanod by the► City for. u1u att thea Confororic;ea. Jho propotiod ro-tulution had boon written by Ipga►1 counsol to aysure compliance with vta►tut0s concerning omploye a vuluntoori sm during the Conferences. d. Councilor Edwards nested that Councilor radon had contacted him by telephone with question% on the proposed revolution for Item 6.7 (Approve Texaco Appeal Final Order). Councilor Eadon had expressed concern over the driveways its notod in the resolution. Council had modified the Hearings Officer's docixion with the determination on the two driveways to be made during staff' s detailed design Page 1 — COUNCIL MINUTES — AUGUST 22, 1908 review process, Councilor Johnson questioned whether this should be reviewed by Council rather than staff. Councilors Edwards and Schwartz advised that they were comfortable with the City Engineer reviewing the driveway placement durini3 the design review process. After discussion, council consensus was to amend the proposed resolution by adding additional wording. (See Consent Agenda, motion for approval, for this wording.) e. Interim City Administrator rioted the letter of August 15, 1908, from Michael J. Scott, Mr. Scott: advised that the Tigard Chamber of Commerce public Affairs Committee was concerned that economic development was not a factor in the City's deciskin when prioritizing projects for the Transportation Safety Bond. c Councilor Johnson advised that the City Center Alan Task Force's b understanding was that the Main Street/Burnham Street improvements would be determined after the Main Street traffic study results wero available. She advised that it was her belief that this issue had been satisfactorily clarified, f, In reasponse► to a question from the Interim City Administrator, Council consensus was to riot hoar thea Archi to t's updato on the., oxpansion of the► Civic Cantor before, the 'Soptun►bor 12 Council meeting, CALL FOR NON—AGENDA ITEMS n,.. l hero worn norip. 4 . VISITOR'S AGENDA a. Will tam MontahAn, 12790 1�W Moain Strov1,:, 1Jgord, Orogon, Mr. Monahuen riotod F►e repre oorit.od M)u,s loll Kruemjor of Krue„,;lear• Deverlopment Company, Mr. Monahcar► advised het h.ad submitiod a lwttor to atwff roquostinq poutponomk?r►t of thio *poral public hoaring se:hoduled for this nioeel in;t (Appucal Public floarin<j Subdivision S 07.03, Kruoijor be3volopment rCtatawald #4J, NPO MY) , Mr, Monahixn uxpininod tho lsaasia for tho pout porioni int. rNgiaust t Tho ^pppal doisla primarily with e?ommit_monty Mr, Kruojor ► *J0 to the City with rognrd to the 111)th Avonuo L.oa:.a►►l. lmprovom€r►►t District. Since only throo Council meambers woro raroaont tonight, Mr. Mon+Ahren sugoloatF►d it may not bo pusrsible for Council to rocolloct• tho obligations m„►do to consider tho meattar, fully. Ho notod ho and his client worlo. propa►red to gu ohnad with thea "wLtcr if Council chose reit to honor this raques t, There was brief discussion. Council conffipnsurs waas to proceed with the hnmring, b, Dave Klingole, (2900 '*>W 132nd tivonua.., Iigard, Oregon. Mr. Klingt.)le notod that Lavelle Ftolm arid Robort Ludlow had expressed an interest in Joining Mr, Klingale's petition offurts to annex to the City, (Mr, Klingcle submitted to staff a Consent Form from Lavelle Holm.) Page 2 — COUNCIL MINUTES — AUGUST 22, 1988 Mr. Klingele advised that four homes in the area have experienced problems with their septic systems arid would like to hook up to the sewer lines; they desire to annex as soon as possible. Council President asked the Community Development Director to work with Mr. Klingele on the problen►s he noted. Interim City Administrator noted that the City's hearing concerning this annexation has been scheduled for September 12, 1988. C. Travis Pilcher, 7915 SW Fanno Creek Drive, No. 2, Tigard, Oregon, Mr. Pilcher noted he was donatin�l four tables to the City for Cook Park as art Eagle Scout Project. Councilor Edwards noted that Mr. Pilcher had completed this project by collecting recyclables from residents of the City of Tigard. The legs and boards which were collected for theses tables were then constructed by Tie3ard Boy Scout, Trcaop 799, Councilor Prcasidont I'd wz4rds expressed appreciation for• tho ac:complishment.s of Mr, Pilcher and the Boy Scout: Troup. He presented Mr, Pilc:.hor with a City of Tigard logo lapel pin as a token rapprociation on behalf of City Council. d, Councilor I�dwards prpaontod Kays to the City to tho ligard .anior Girls Little 1.oagua Softball Toim, The: toam won tha national title of 111900 ;,:onlc,r Girls l..it.tlea l..caaguo World Champions." 1ha followinsa parsons rocoivod Keys: ShAwnA Antic►rson, Bucky Hoolor�, C,andrzi Colo, Mikollo DoW3140, 30rio Girod, Amy Hooft, t.4cpy KAdol, Juusic.a I.,trson, Chriata Morrow, Kiraton Oliver, Michollo Rocjor», Brittany Volk, Kullio Peadorson, Uan Boolpr, Randy Volpe', Coach, u, Sohn Bloitgrpn, 9460 bW Oak, Tigard, Orojun. Mr, nlomttron notod problems with tho 'Trammel.,{:row noiAr his prot)oriy , Mr, nloni3ron submitiod to Council +t propar•od list of auq-30stions entitled "lmprovome,nt. of +City Construction and Park in;T Orxiinancos, Mr, Blumnlrun also proviontod pic,tureR to i llustrato thaw probloma► ho had Mr. Dlon►;,Iron l i stod tho following problom®: o Construction noioo boforo 7 a,m. 0 Construction situ wnA% not feencod 0 l.raaading and unloodin;l or truc^ke (in public, st:roots tying ►gyp traffic; Council Prercidont notod stMff would re;viaw Mr. blonu3ren's suggostions, Council cormanaus was to di.rac:t staff to report thair findingr. on Soptombor 12, 5, CRUISIN' TIGARO REPORT A. Davey Voglio and Steve Urgden from 1'iga►rd Promotions Inc, Committee reported that they Crui sin' Tigard 1908 Celebration was a big success. Mr, Foglio notod they had mot with the Chief of Police and other representatives from the City to discuss this year's event. Few complaints were experienced this year. Page 3 — COUNCIL MINUTES -- AUGUST 22, 1988 Mr, Folio noted that Tigard promotions. Inc. was looking forward to Cruisin' Tigard '89. 6. CONSENT AGENDA 6,1 Approve Council Minutes: July 11, 1988 6.2 Receive and File Departmental Monthly Reports a. Commuleity GeueloFg►►ent- - May, June, & July, 1988 b. Community Services - July, 1988 c. Library July, 1988 d. police June & July, 1988 6,3 Receive and File: a. Ti( ard Auction Report 6,4 Approve Appropriation Rest,lut:i►,n F'or City Canter Financial Cor►sult+ant .- Resolution No, 88-79 6,5 Receive COUG Grant Monies & Appropriates Funds _. Res, No. 88.80 6,6 ReCess Council M4etinr3, Convene Local Contract Reuiew Board Meeting (LCRD): ;a, Award Contract f"or City Center Financial Consultont b, nwanj Dial tooth Avenue Storm Drain lmprovoment c, Award Sin;llo cuarbo Did for- Mobil Data lermir►eala (ML)l 's) d, Award Did For Two Public Works Pickups gyp, Aw4r,O [lid For Iwo 144t:a C011e(�tioft l)e>vie;" Adjourn I..CRB: Roconvenea rounc'il Mputinj, 6,7 Approvo 1'oxa►co Appeal Itaarin;� i incl 0►^der Roi3olutdon No 88.81 6.8 Approve Claxssificeet:ic►n eeview+ 1?rocess 6,9 Approve An►vnditiont to 0rutJor► i)e+p�ert,mc`nt of l r•ear►sp4�rtaet i or► P►�Jr��e�mc�nt for pacific Nigt►waayl78th Ave+n+`o lntar•suction - Ros , No, 88„r82 6,10 Aut.hor•i,u lrlte`rrJc►u►+rnm��nt.Fa1 ti,00ppr,otion AgroOMPrIt witt► 'City ervicus Portlond for Tigard po►1ie,e1 oop.artmunt Voluntoor of Vima, anti 1-,quippj► !nt durintj tha 1n1k>rnatJot,4al A:►vG+riAtiun of Cflit�)fs Annul r:onfuruncu. 0ctobor la 20, 1ia1t18 Rusolut:ion No. 118T 83 a, Motion by Coune,,ilor Johnse,r►, tsovondod by C.eiur►cilor Schwartz, t.o opprovo 010 Consont Aijoneica with Resolution No, 88-r81 (1tom 6,7) aniondod +rs f ►llciwn Ameanetme?nt to Rae+ulutior► No, Ob- 01 7., Ciottiean 1,) : 1•h0 *t)pliC*nt shall ubtair► a prarn►i t fr",)►n thea 0reagom >tawt ► Highway Diviuior► to perfrarn► wOr•k within th+► right o1' y of the Itighw*y 99 frontwjo road, (e cr.)py )f tho pormit shall ba provided to tt►+ Coity Engir►vs�rir,g office prior to issuar'era of a public i.mprovwmont permit, The sr)utt► fronta►go mad acco'34 to null Mountoin Road shaell bo elin►inretOd and uheall becomo a deaadmeand Y•Oad which providov nprt fljor-ea than Ono dccQV# tri thea site on the isauth side, of tt)o site and xufficiant room for turning m0VQments of eamear90ncy v�±hie les, All accrz�cs from this direactiryn will bea eliminated if thea City Engineer determineaa, b*%od nn his raview of thea site plain, that it encouroghs through traffic. . , . The motion was approved by unaenimous vote2 of Council prosont. Page 4 COUNCIL MINUTES -- AUGUST 22, 1988 AMENDMENT CPA 88-02. 7. PUBLIC 88--08 HEARINGLOT LINE COMPREHENSIVE MP 88 12, TIIGGARD SCHOOL DISTRICT (DURHAM HA Z SCHOOL). NPO #5 A review of the Planni::g Commission recommendation of approval for: { 1. A plan amendment from Light Industrial to Public/Institution t, for 2.89 acres (WC1M 21,31 13BA Lot 400); 2. A zone change for this parcel from I--P (Industrial Park) and for the adjacent Durham School property (WCTM 2S1 1364 Lot 300) fruit► T_--P (HD) Historic District to R--12 (ttD) (Residential. 12 units/acre. Historic District Overlay ); 3. A lot line adjustment to combine the two parcols into one 8,29 acre parcel, Location: 7360 SW Durham Road and 81144 SW Durham Road, d a. Public Hearing was opened. b. There were no declarations or challencjos, i C. Summation by Sonior Planner Lidean, The Titjard School. District wishou to expand the Durham School Facility by acquiring uomo propor•ty to they eaaat and reaquosting plan and sones chanilos to allow for a subsoquent conditional uses application to be roviowead by they Hoaringo Officer, In its mooLin�3 of August 2, 1988, the Plannirn3 � Conlnlission recommonded approval of thea prope,seel , d, Thearo was discussion concorninq tho saafeaty issuos of podostrian travel in the? urea, Senior Plar►r►er L.Adon noted ho had odviiiod the ; School District that thorn would likoly bo r0gUir•e`muntI for e►ff_oito sidowealks, Council Preasidprlt, notod ihr►t tho concerns its atipulotod by tho City Crnginoor for the podoutri an traffic sa►featy issues wore duly noted. Senior Planner LAde►n, in rotponuo to a► gtto%tic.►t► by Councilor Schwartz, noted thwt the School District would liW t-0 have tho now facilities complotod for next yeaear's school your, Public Testimony Propononts 0 Chuck ,alie3, Loci & Ruvda Architocts and f'lwnnVr%, 2i3 ;;W Arch Stro at, Portland, Orogon, to.stif iod ho had beacon %oleacted by thea School District tee deasign thea facility, Mr. Splig ropurted tho origir►61 plan provided for the main witrance off of Durham Street. Mr. Selig radvisod that the City Eng-moor had correctly noted concerns about the safoty of this tat,coss. At the time the plan was drawn up, the School District w�As riagotiating with Unifiod Sower-age Agency (USA) for access across their property. When tho t presentation was made to the City, the authorization for this access had not boon available. At the zoning hearing, Mr. Selig rioted that they had asked the Planning Comtnission for a favorable recommendation with problems of acceus to be addressed during the hearing for the conditional use. Mr, Selig noted that the School District had successfully page 5 -- COUNCTL MINUTES -- AUGUST 22, 1988 negotiated with USA for access across their properly; therefore, the primary access to the site would not be off Durham Road. f. Community Development Director- recommended approval of the proposed Ordinance. He further advised that the City Engineer's concerns had been addressed by the School District. g. Council questions.or comments o Councilor Johnson noted she was pleased that the primary access would not be oft= of Durham Road; however, she was still concerned abc-ut pedestrian safety along Durham Read. Councilor Johnsun noted that she would support the proposal as presented at the meeting, o In rosponae to a question from Cownc:ilor Schwartz, City I"nOneer responded that the 0r4,,gon Di!partmtint of Transportation has 5chudulod (neKt summer) the construction of a bike lane along Durham Road betwoon Hall Blvd, and Upper Boone, Perry Road, Thoro wor•u no uthur improvements scheduled in the 6- yoa►r plan at this time for this location, h, Public Hoaring closcad. i , ORDINANCI NO, 00-21 AN 001 WIWIA00111lNG FIND)NG"i AND CONCLUSIONS 1"0 API?ROUt; A C0MPRt-T1F-NS'1Vr Pl-rm AMFNDMC.NT (CPA 08-w), 20N17 CHANGE (ZC: 00-06, ANF► 1.01 i 1NC, (M 00-12) PROPO',40 BY 'T IGARD SCto)t. t)1 S1 HICT, f , Mot,;on by Councilor 'Schwort:y, iioc lndod by Councilor 3ohnuon to oadopt Ordinanc a ,A0mm71, Thea motion was approved by un,animc.►usi vot.t► of Council present.. S> PUBLIC HEARING MURDOCK HILL DRAI.NAGC GASCMENT VACATION a, public Hcioring wcas oponod, b. Thure were no docliwations or challengws. C. 'Summeition by Community I)ovelopmerit 01 roc:tort The proposed vacation of the Murdock Hill drwir►i►,ice ea►scemont involved a 10•-foot wido drainage aatement that WA% c()nviceypd with tt►e+ plat of Murdock Hill. The portion being roqucastod for v,scat:ion w,►t% ;xppr()Kimatcaly 120 feet long and crosses diagon4ly Lot 6 cif the plant of Murdock Hill, Tho uwnmrs of Lot 6 war+a rp juestjng that the oa►.+scm►unt bo vacated to complote dove►lopment of tho lot, pricer to roquosting this vacation, the owners rcalocatced tho drsin*g@ systom to City standards along the north nide of the lot. Community Development Director reported there were othor probloms (such as sewer concerns); however, %teaff did not see any reason for the drainage easemont at this time. Community Development Director noted that City Council had approved (See Consent Agenda; -- No. 6.6 b. above) an award of a bid for storn, drainage improvements on 100th Avenue, south of Sattler, !cage 6 COUNCIL MINUTES — AUGUST 22, 1909 d. Public Testimony Proponents o Robert Smithson, 12.480 SW Katherine, Tigard. Oregon. Mr. Smithson constructed a house at 15977 SW 100th Street--the occupancy date for his new home would be in approximately two woelks. Mr. Smithson testified that the vacation would return the easemant to private ownership so that the foundation of the home would not encroach upon the easemeWnt, Mr, Smithson advised he had installed a storm sewer along the north line of the property which drains into the City's storm drainage sewer system, Therefore, therm should be no need for the storm drainages easement by the City, (Note, Ronald A. Hale, 14925 SW 100th Street Arid Mr, Teff fish, 10211 SW Bar-bur Blvd, both advised t;hoy would riot tostify ainco as there was no opposition to the easeamgnt vacation roquest.) e� Stsivo Davison, 15040 t:W 100th Straat, `Tigard, Oro►lon. Mr. 04vivon tastifiod that his propor,ty is loc:asod downhill wind acre)ss tl►u stre+ut from they pre►porty in quostion, Mr, Daivimon vt:a►trod that hay did not hAvo a problem with the t,►asomunt vacation; howovor, ho hod a► proksle►m with tho provoss 1e►riding tads to this coi*vomunt vacotion, Mr. havisc>n said hey underuteotod that, Mr, .n+it,hvon had installed tho -storm cirssin;*gQ impr,oveon►e)nts a+v a, condition of the building permit, Ila note►d Cheat if Mr, tomit.hsc►n wore riot alltowod this easeameont vacMtion, ho would have► to tuaar down the house and foundation. Mr,, I)Avist)r► gue+ationiod tho prow ss and stipulations nsa►de by laity staff, Mr. t)avisc►n odvi#od Couricil of the droinoij0 pr'oblOil)a @XporlonC0d in ttio a,r,was, T'hiu lot, boforo dovolopood, had served ass ea colloction point. for a 1►W90, A►nuunt of r'uflo f, With tho dr►vt)lopmont r)f this lot, Mr. 0mvivon wav cont orr►ud that the dra►inago problems would bo uignifica►ntl.y incrons9d . r»ity Crgincoar, in responses to a tl►.aostion by Councilor Johnson, explained theot, tho storm dra►inag P ta►pital Improvomont x►-OJOc;t 1.149 irs the first; Ph"@' f'urthor impr,ov6ma_ntn would bo mado for storm drairio-ire in tho a►rpa ass monoy becomes ava►ile:ble in Cho future, lio Advised that staff had inspected the culverts that att this location. Ono sn►a►lI 9—inch culvert should be replaced—thcore may be funds to dry this from the maintenance budget. Mr. Smithson .advised thit about two years agej ho had contacted the Development Services Manager concerning necessary steps to vacate the easement. Mr. Smithson reported he was told that the drainage system must be page 7 — COUNCIL M1 un$ — AUGUST 22, 1988 installed before the vacation would be submitted to the City Council fur approval. If Council did not approve the easement vacation, he would be out the $3,000 he had expended { on the drainage system. o Jeff Fish, 10211 SW Barbur Blvd. , Portland, Oregon. Mr. Fish testified that he was the Smithsons` home builder. The easement cuts diagonally across the property and was now where the septic drain field was located. If storm water were to run through this area, tho septic system would not operate properly. e, Community Development Director, noted that staff recommended vacation of the drainage vAsement. f, Council consensus was to direct staff to prepare a report (nit,morand um format) concerning the mitigation of drainage problems as noted by the residents. Also, staff was ank-od to report on they building permit and vacation process in this instance, eg. Public Hearing was closed, h, ORDINANCE, NO. 00-22 AN ORDINANCI,.. VACA"E'lNG A PORTION Of' A PUBLIC DRAI.NAGC t:A`C E'NT LOCA1E-D WITHIN MURDOCK HTI t., A RECORDED SUBDIVI1,3ION KAT, IN THE. CI1Y OF 13GAREi, WASHINGION C:OuN1Y, ()REX"ON, i, Motion by Councilor Johnson, tiecondod by Councilor Schwart.- to adopt, Ordinanco No, 00-22, 'rho motion was tapprovod by un4animoua voto of Courm-Al prosunt, j . Mr, Smithson eommontod thaet the, 0ovolupmont Sorvic ot► ManAtivr hod acdvisod that a lottor hard boon sunt out which sWtod thorea funds were availablQ to iaddrou% the droinotjv iuuuei prublom. Councilor Edwards ;asked thea Community Devolopmunt Direct'or to chock thiu and includes his finding% in his roport (momorandum) duo to Council on optomber 12, 1900, 9. PUDLIC HEARING - ocNIAMm rRANKLIN GAMMON$ RIGHT-OF-WAY VACATION a, Public liva►rinwg was oponod. b. Thero ware no docIarat:ionu ear• cho ogos. C, Summation by Community Deavolopmont Diroctor; 'rhis prop000d vacation wa% roquautead by the adjoining proporty owncru who wore+ the deavalopors of tho E'ranklin Commons Office Complox tt the southetast corner of ,G;W Hall Blvd, and SW Creaenbureg Road, The proposal consisted of can unimproved, unna►rwd public right-of-wacy which wan dodic4+atad for, public stroot and utility purposes in the early 1904%' with the plat of Cedar Brook Farms. The proposed area varies in width and consists of two segment% connected, one being in an coast/west direction, and one hning in a north/south direction. The purpose of the vacation was to return public right-of-way to private ownership. Page 8 COUNCIL MINUTES AUGUST 22, 1988 d. Public Testimony Proponents o Tom Wright, McKenzie/Saito, 0690 SW Bancroft, Portland, Oregon. Mr. Wright, architect, advised he was representing the developers of the property and was present to answer questions. Mr. Wright noted that tho southern boundary would remain as is for drainage, the eastern boundary would be utilized in their development. e. Community Development director reported that staff recommended approval of the Benjamin Franklin Commons right—of—way vacation as Proposed. f, In responso to a question from Councilor JohM4011, Community Development Director noted that Section 2 of Lho proposed ordinance addrossed thp City E=ngineer's concorns. ORDINANCE NO, QB Z,3 AN ORDINANCE: VAC,A1.ING A PORYION OF Itir. UNNAMED PUE1tXC $0RUT1 RIGH1'_011rTWAY NEAR FRANKL.TN COMMONS AND LOCATI'D WITHIN C11)ARAROOK FARM, A RECORDED SUDDIV:I;3ION PIAT, IN TNf'. C.11Y OF 13GARD, WASHINGTON COUNTY, ORE'30N, h. Motion by Councilor Schwartz, v)oconded by Cour►cilur Johnson to adopt Ordinonc►) H„t3. 7a. iFro motion w;*K approva►d by unAnimous veto of Council present, THE COUNCI'L, WAS RF C;L",:i:.3I:.D AT 0,53 PM FOR A BRI"AK; '1110 COUNCTL, M1:LT 1 NG WAS 1111.N Rf C,ONVr,NF D Al 6;t)8 PM. 10. PUBLIC NEARING — SITE DCVELOPMENT RCVICW SDR 87-05 (TIGARD TOWNE SQUARE) WESTWOOD CORPORATION NPO #6, A request to construct a 3O0 oquaro Pout buildintI aAlon�j Pawcifi(' Highwa►y frontaje within An area pr�oviou4ly approvod for 1and#copirrJ. Location', t-W PfAcifie 109hway/'ligorid Towno Squaro (WC,IM 2t�il 1511A, laic Lot 101). a, {public. Hearing was OPOrlod, b. Thoro wore no declarations or challanrgua. c, ,senior Plannor Lidon summarized this agenda itom. ra►rlior this year, the Counctl opprovod a landscaping plan for the Tigatrd Towne Square with particular emphasia placid upon tho landscApod arrear abutting paci.fic Highway and Durham Road. Westwood Corpr)rarti.nn w&% proposing to construct a 300 square foot building within tho landscaped or-oak along the Pacific Highway betwoQn Pad "A" and 'IS." This propo%all would require the relocation of two of the transplanted Douglas Fir troas. Since Council had made tho final docision regarding thr landscaping plan, the proposed amendment ” should be reviewed by Council. Pogo 9 _ COUNCIL MINUTES — AUGUST 22, 1988 Staff had reviewed the request and recommended denial. The proposal was consistent with Code requirements for the C-G zone including building setbacks. There appeared to be numerous options available for locating this building in a manner- that does not affect the approved landscaping plan. The applicant noted problems relating to reductions in parking spaces; however, the project far exceeds Node standards for parking. In response to a question by Councilor Johnson, Senior Planner Liden advised that the entire building would be placed in a landscaped area; therefore, more than 300 square feet of landscaping would be displaced. d, Public Testimony Proponents o Jerry Roy, Wo5twood Corporation, 3031) t$W Moody Avenue, Portland, Dragon 97201-4e97, Mr, Foy advise-ad that: the Weatwciod Corporation was the dovoloper of the Tigotrd lowna square, Mr. Foy advised thi►t they buildin,3 will displaco aepproximatoly 37b square foot of l;andscopinl; howowor•. the londsraapinq now in place uKcoodod the 15 porcont roquiromont, Mr . f try di st.ributod dr•awiti,� i dopirtin,q whoro tho building (kiouk) wars trri.ilir►atlly plannod t.o bea lo(aetod and where the requottod location would bat. `Iho roquwat fe)r" t,olut,sation was n►ado for thea purpuve1 of pr•uvidin�l auldition;*l parking op*cou, Mr. J'oy otuurod Council that rtf'f't)c.tvd 1.rov0 would b4, roloc*t.od. Ila nut.od that this would onha►r►co tho n0lotiaat:ionv with a major t4nArIt. . a o(anrilt)r ,'rhwar•te notod they londuvopine3 had boon a venaitivo ivvuo tiuririg tha procoding ho4AHn�3s. Councilor Schwa►rtr rerallad that, C;c)unt it wa►t tlutta sr►e)rifir thjot. th),V wiwhod to have thia grove of t.raaa in this +arta, Mr, ("oy resttx)ndod thea. Choy would rolocat:e tho tr'(3av in an atroa with a+siating traria to vtil.l give thw "Clump" offoet> 1hork wnrt dinc=uvaion concerning pouolblo rolocrAt.ion of 010 kJ,)sk to anet:hor aroto whom thea lar►ds►capinq would not ba affoctod. Mr,. roy vtood by his reque►tt to mc►vct thc) kic)vk ran No hast proposod. @. Con►munity t1ovolopnwrit Coir actor recommend d denir+l of tho requoot citing concern ovar Potoblishing a proccotiunt for infringo.ftianty on tho la►ndvrexpi.rq of the vita, f. Public liearing wa*a closed, g. Motion by Councilor Johnson, secondod by Councilor 'Schwartz, to support the vtaff's rocommenda►tion for denial of the laend%C8P1n9 adjustment: as roquetted. The motion ars►t approved by a unanimous vote of Council present, Page 10 - COUNCIL MINUTES AUGUST 22, 1998 I A Final Order (resolution) would be prepared by staff for Council approval at their September 12. 1989 meeting. This Order would reflect Council's determination on this item. 11. APPEAL PUBLIC HEARING — SUBDIVISION S 87-03, KRUEGER DEVELOPMENT (COTSWALD #4) NPO V. Appeal of the Hearings Officer approval for an approval period extension and to amend the phasing plan for a previously approved 72 lot subdivision. Location: Between Wilton Avenue and Sch4-,ills Ferry Road, immediately west of Cotswald 3 subdivision (WCTM 1S1 33CD Lot 200). This was an "argument—type" hearing Only. The Cc)uncil would only consider the record before the Hearings Officer which woks on file at City Hall and had been reviewed by the Council, The Council was not allowed, under City Code, to consider any new testimony lar, +;vid'ance, which was not in the record. City Attorney explained the guidelines under which t1►o hearing would be conducted. He noted this was a quasi—judicial hearing i3uverned by Oregon Staten Statutes. He advised that +� he��arir►�.4 on the record m.>��nt that anyone could testify but the testimony muut be confine*d to matt:ors alroady in tho record. 11ie Council was constrained, by City Cada, to considor only the m;,ittors which wore contained in the record, City Attorney noted that Council head b;,on providod a transcript. of the hearing with thea exhibits, City Attor•r►ey commontod on Cho gonorol docorum fest' Qio hoe+ring: 7,hi.s was a judicial forum--much then sa►n<: as a court room, Thu typo of behavior' and do corum (rallod for in a e:our,t rok)m would bo appropriate for this hoar.ing +as wall , Clappin<3, whi.stlir►g, shoutin{3, nand othor typos Of b0havie"r, indicAt.in9 cosncur'r'0ncoa Or' disogroomont with thea tOwtimony would bo in,Approrjriat.oa, Porsons whochoose► to onr ago in sucjh behavior aubjc�K.t: t.heam►+ealv►xs to reamoval from thta hearinq room sand forfoit.ura of their, right to piar�ticipai.o in the haoring, PA. Public IioaaarinC;g was uponwd. b, Councilor, C'.dwmrds mado thea foallowinq doer 1"nation: W11 MoJr►eaF►+an, attornoy for, Xruvgoar Davol.ospa10r►t Corporation, w4us Mr', Edwardo' legal cOunseal for othear• mxtturs not roalntod to thita particular hearing iton). liar notod theat this attornoyAl i.ont roalaatioanship would not influonco him in this procooding, c. Ggnior Pla.nnar Lidan %unimoirizod this aagonda ito►m: Ila noted theat bast y«anr the Roarings Ot'fiicgr e►pprovod a ;tubdivisiOn subjoct to condit•ioris of aapprovol. This ye±aar, the applic,*nt ro4turno?d requesting as six—month oaxt.oynsion of the approval as allowed for in the ordinance. 'In addition, the appli.cont submitted a different plan for phrasing of the subdivision, This request was approved by the Hearings Officer, subjact to condittons, Two appoaaals had been received concerning the Hearings Officer's decision, C. Page 11 — COUNCIL MINUTES — AUGUST 22, 1988 One appeal was from the applicant, Mr. Russ Krueger. Mr. Krueger's appeal related to the requirements in Conditions Nos. 1 and 3 of the Hearings Officer's decision. Senior Planner Liden advised that the second appeal was from surrounding property owners. The residents, in their appeal, noted traffic concerns and the issue that this developer was not required to participate in the 135th Avenue Local Improvement District. Construction traffic had riot been addressed in the Hearings officer's decision. Senior Planner Liden referred to the City Engineer's comments in his August 12, 1988. memorandum. City Engineer had noted that his recommendations on this project were contained in his memorandum to the Hearint3s officer dated May 31. 1988, tie also stated that Condition 3 of the Hearings Officer's decision required improvements to Murray Blvd, In the city Engineer's opinion. it would not bo advisable to open Murrey Blvd, to traffic until the entire Murray/135th intorsection was completed (i,e,, until bath "forks" of tho intersection constructed), tie rocommendod that cindition #3 of the Hearings officer's doci.sion be vwionded accordingly. City r.siginoor, in response to a requost by Councilor Schw«arta., providod a largo% nuxp showint3 the +arras, in quostion anti thea propo,ed Murray tilvd, oxtoriuion. d, Public Tostimony f�E►p►allant. #11 ; �► Wi 11 i;an► Mi)rwahAn, Attornk►y ;at t Nw (rc F>r��uc�nt:irx3 Krut►�lw�r' Dowol4►pmor►t Con►poar►y), 12290 SW Main ".troot, Tir34rd, oroljon 97223, Mr, Mor►+ahan rowkswod tho hisi►►ry of thO M%Quwst, 3n 1987:, a► plan wens opprovod by thea lioarin,3s officor' Wvod ►,hoar rocormondwtior►n of %traff for, a 72 unit Ann of tho ronditionu of approval w4*I t,ha►t t.t►o vutkiivision ;at.;:.ass out (into Sc:titan u ►orry Rood, Mr, Kruogor wras unoblo to ► Fata►in pern►anent aac;c r?ou to tlr:holls t orry Road from tho Orea��u�rr UePartmont of Iranoportistit>n, Mr, Monahan +advivod tfisAt Mr. Kruoger propotod a modiriod pt►r,sing plan to dovolop 53 units and lorave tho rem,%i.ning 19 units fort A future PhAse. Mr, Moni0i&n said Mr. Kruo(jar w,AU #asking for i► dolay of tho constr-uction of the intersoction to sction# for-ry Road, Mr. Monahran roported thorn h;ad boon two h)o arinq% boforia tho Hoarings dffictr doaling with thous issues. After the first houring, Mr, Kruogor mot with Lee Gundoruon from the OrQ9on Department of Trion uportation. It was thou deter-minod that the beast option would by to dedicate the land leading up to the intersection at ,cholls ferry for future improvemeot of the intersection; This would also assuro that the intersection would be built if Mr. Krueger should decide not to build the romaining 19 units, Mr. Monahan stated that Mr. Krueger does intend to build the 19 units. Page 12 COUNC7t.. MINUTES — AUGUST 22, 1988 The Hearings officer, in her findings, stated that if there was no access to scholls Ferry Road, then the access must be accomplished somewhere else. Mr. Monahan noted that the only opportunities for access would be through Ashbury Court, Morning Hill Drive, and sW Wilton. Mr. Monahan stated that Condition No.K 1. s ssi ulated t byathe e Hearings officer, was raised in Mr. 3 use of the language the Hearings officer used to phrase the requirement. 1he Hearings officer outlined that during the construction of the subdivision, 411 construction traffic would access directly onto sch011s Ferry Road to the maximum extant allowed by the Oregon state Highway Division, Mr. Krueger has obtained a temporary aCcess from the stato 9tighway Oivisior►, Mr. Monahan noted that Mr. KruC�gar will comply with the lioarings officer C.undition No, 1, lie noted that they would limit their appeal from this point forward to Condition No, 3, Mr, Monahan tastifiod that Condition No, ;i doalt With the future oblitlation of Mr. Kruo9or as it, rvl4tod to tho tho conotructirn► of 010Mur'r'Ay tllvd, eKtonoi4on, purine couroo of thie h►varings, Mr', Mt,n.ihan aidviaod that ot.rrff rocommvndod the followir*3: if tho phaain(2 plan WA-3 to be+ 011►w4-ld and if the traffic was to bo divar•i:tod to Aohbury barna., Morr►in<2 Hill t)r'iva, arid Wilton, t.hor► t.ha prcopor moar►a Uf t:onditionincl t.ha opprroval would bio to brinq Chia project into rho 131")01 1 Avonua Locol lrnprovomant Distrie"t 0 10 - Mr•, Mun*han advised that tho araotooamont. to Mr, Kruo(lur would bo w little► ovor• $,4L),O0O if r,oquirod to p}ort:icip+Kto in tho 135th Avunua Mr. Miona►h€on notod tho►i, the? 131ith Avonuo 00 waa ►ono tt104t tho Council heti dob*tod l+orig and hard for Ovor' A yoar,, Tho Ctwnc i l hod made a dot'i s iron to drVp ell , Kruog"v f rc►n► the . th, t �rYy LID, Mr. Morwohar► *1150o nrdvivod o sit.ual icor►, the re would be no mothrod for- ahoul.d the traffic ianuo ba aolv(ad by crva►ting t.ho fichrono rarry Qxter►aion. Mr, Mor►a►harn refcrrod to another option outl.inod by tho City irrigInoor '►hich recommonded two-thIrda holf­%trvat: improvements to Murray , ljouleovard botwoon Wilton Btrpet and 125th Avconua. Mr. Mcorvuharn outlined his cuncor•ns with this rocommendartiorl, nsotir►g thort this improvement would not % olve the entire problom, jMr, Monahan awdvisod subdivisions, ars they built in phaaea, sometimes croarto temporary problems within tho tro..nsportartion network. f Page 13 = COUNCIL MINUTES — AUGUST 22, 1986 i Mr. Monahan advised that it was unlikely and unrealistic that Mr. Krueger would walk away from his obligation in this area. Mr. Monahan advised that it was Mr. Krueger's intention to develop the area incrementally. Mr. Monahan advised that Mr. Krueger has never shirked his responsibility for placement of public improvements. Mr, Monahan rioted that the Hearings Officer had made the statement that the applicant had avoided one assessment (the 135th LID) by his general promise to develop this portion of the Murray Blvd, extension. Mr. Monahan advised that Mr. Krueger did not avoid the assessment, rather it was a mutual atlreement with City Council, Mr. Monahan also noted that if Mr, Krueger sold the property, tale City would still see those portions of Murray Blvd, built. it was clear in the City's conditions of approval that portions of Murray Blvd, would be built with each of the phased subdivisions, Mr. Manahan askod for time for cc-buttal after arguments of ; the other appellants, lie than notod some exceptions that they had with tho othor appollants app(,,al document: o Traffic implications — Mr, Monahan xt:a<tud that the traffic, implications warn almost fully th►4 subjectof the hoarinijs. Iia advi.sod that he thou91"t that the issue wars thoroughly addrussod. Mr, Mcjr►Eahan notoci th►a,t apood bumps sand uthor such roquiromonts a►r,e those whic:.h uhould bo PvMluatod by Akio City r..riginoor arid w4cs riot roally this subjoct of tho subdivision application at this tla►a. Cr 13lath Avonuo L.70 - Mr. Mc+r►at►aan noted that, the other �tl appollacnis askj►ci ih;+t Mr, Kruojor bo forc;od into thQ 13!;th Avorujo 011. Mr, MoncAtion Advicoed the rocord has boson ntvdo ,-A fair raissosvnuint Of Lt►a oblicla►tiont for the i.,l'D haav alroaidy 't•a►kon plairo. Mr, MUnaheAn a►skod for Council's cUnsidora►tiun of oll,miriatin(j Condition Nig, 3 of the tlwarinqv Offivor' s ducivion, o Russell A. Krueger, 1.115 "W ()6th hvNnuo, No, 402, Portla►rud, Orono►n 9727:x. Mr. Krue9tir ouA.linod tho hiutory of dovelopmont in tho a,r-04. He n+.stied t.h+at Cutuwald 4 was originally plannod to have ac•°coma onto ticholls Ferry Read, However, tho Oregon Dopt, of lra►nsportAt:ion would not pormit such accOav at this timo. fir. Xru090r TOlnAtrod that by had albs) p1«unned to dovolop a subdivision (Chelford) alowl the Murray Blvd, extonsiun. This would convivt of approximately 17.0 lots, 110wOver, when the fiagur@v came in for dovelopmant;, it wal tori costly for, him to develop tt►at portion this yorar. This resulted in the rephacsfng program request for Cotswold 4. With this rephasving, Mr. Krupgor noted that tic would be able to develop the properties and be better able to fulfill his obligations for public improvements. Raga 14 w COUNCIL MINUTES A4)MST 22, 1998 Appellant ##2 o Russel D. Head, 11689 SW Wilton Avenue, Tigard, OR 97223. Mr. Head requested if this hearing should be continued to another date that it be placed near the beginning of the agenda. He cited previous hearings with the Hearings Officer---this item had always been placed at the end of those agendas. Mr. Head noted he had filed the appeal on behalf of the residents of Cotswald Subdivisions 1. 2, and 3. He addressed the following specific grounds in his appeal: 1. Traffic implications wero not thoroughly addressed by Mr, Krueger, He questioned i►►)paGt created by construction traffic to the surrounding areas and on the existinq improvements. 2, Mr, Krueger's -ospunsibilitius for the 135th t.lp were once agair► waived by the Hearings officer, lhia decision was basad on thea axpacta►tic ns for, porfurmaanco on improvoments to Murray Blvd. Scholls Ferry rit3t►tmof11-wary would riot be devolopud at this time, 3. 1'ho ;approvod application for a gime enxtear►aiOn and re}vivo--d subdiviuion phaavlriq pld►r► should be ro onvidorod in itu ontiroty . Mr. Hoad notod thiat t.ho roaoorch fear' this a6►pea►1 wau difficult, Mr, Hood noted his cuncorn with tho poor quality of tho appoal tra►nucript, Mr. Hoad Lhan tootifiod c4,nvorr►in�3 a pe usible► cOnflic.t of intorost can tho paert of Mr. Kruoipr' u lutlal counsol, Mr, William Monahan, Ito cit,od Appendix "2" of tho City Of Tt(prd'v Doordsn►aanship MAr►ua►1 cnr►ce0rr►iI'll "rOnflic,t of Intaroti, ," Mr, Head noted thaat At tho May Vj, 1900 11104ing bofure the 14oaaririgt Officear, Mr, M4ar►iahear► did riot or)Pcify ho wAs sorving as C:h►airn►mr► to they Lronumi.0 Dovolopmeant Committoo rind tho City Contor Pl*ri TOA%k I'Or•cu. Mr, Hood tastiflod that Mr, MonA►hon ho►d eydviue?d (during tho Hot-Ar•ings Offie:or procoodings) that in 34nuaary 1980 he had rosignod hie ;X)tition as Community Dovolopmont Diroctor for- then City of Tiq*rd, Mr, Hoaad commented thext now, a few months l*.tor, Mr. Me)r►ahan earns %orving Fav Mr. Kruegor's 1pgtAl roprasenteative, Mr. Head notod thaat Mr. Mevnahnr► filed a proposal, on behalf of Mr, Krueger, with the City of Tigard on the vary same issue that he personally filed sas Community Devalopment Director for the City of Tigard in 1907, Mr. Head *dvisod the fallowing., o He cited ORS 227,035 which dealt with Planning Commission member conflict of inter:ast aactivitias. page 15 — COUNCIL= MINUTES — AUGUST 22, 1988 o He cited the Oregon State Sar Code of Professional Responsibility, Disciplinary Rule #5109 entitled Conflicts of Interest, Public Employment, Section B. He noted that this rule states that: a lawyer shall nut represent a private client in connection with a matter in which the lawyer participated personally, and substantially as a public officer-, Mr. Head advised that this section reflected directly upon Mr. Monahan's action as Community Development Director in April 1987. Mr. Head contended that Mr, Monahan had used his influence to sway a direct contradiction in a staff report. Mr. Head questioned the ethics of the relationship between Mr, Monahan, ti►e City of ligard, and the employees of the City of Tigard, Mr, Head advised that a formal complaint against Mr, Monat►an has been lodged with the Oregon State Bar Associa►tlon, Mr, Head said that. Mr, Manahan failud to hr•ins to lirlht. Mr, Kruegera s intentions with regard to his prupor•ty, Mr, Itruo9or had contacted a real o5tata firm to sell this land currently known -is Chalford and Cotsw:ald 4, Thix proporty was boitvj marketod as prime land for apirrtmont units Counc:i.1 Prwxidsnt romindud Mr, 11t%wd that 411 tolitimony prouuntod roust bo in tho rocord , Council Prosidont askod for City Attornoy clariftv#Ation concorning test:im+�ny rogiarding Mr, Kruo%W's 1094 counsel , City Attorney *dvisod thiat it +appofarod that Mr', He'►d was j►w,ar•i: of the rvmedy availgblca for, dii>covPr,inj whothor' or not.. thoro woro i.mpr�oprioti.oa wit.h r,<),,lxrd to c:unV1ic:t of intorost , City Att.ornoy c:liuriflod thwt i.ho okwtions cited by Mr, liodd with roga►rd to t,t:atca 14w a►nd Tigard rulos for conflict of intorout getiorolly dotal with tho dociaion mAkor mombor•x of tho F►la►nninq Conimis�aic►n Wid ►3ty Ct ricil ,) 1t was tho City Attorney's undor utondirq thiat tho►,o rulings did not portain to linlitati9ns +,an cuur►001 for *pplicaant§ , Loga,l, Courlaol notod thol, cofiflict of ir►tor'ogt w�l" not ain i%sura theAt tho city Council would bra rulir(i can, Mr, Hoaad advitod that ho tock isouw with the wiwy the c.itironit worm infurmod oto to thea typo Of h"f'ing this was to h"ve boon. Ho odvisod that thea limitiations on testimony wore not spocifiod in thea public notices thoy had rocoivod, City Attorney notod tho limitmtions worn sot forth it) thO Code,' it w*1 hin position to eadvito Council to roly on those maatter,$ which wore controined in the record. Mr. Head requested that tho a our►r,il a vcorta►in Mr, Kr'ueq@r'f true intentions. page 16 -- COUNCIL MINUTES -- AUGUST 22, 1989 o Brenda Gilpin, 11721 SW Wilton, Tigard, Oregon 47223. Mrs. Gilpin advised that the homeowners had not been advised by the Hearings Officer that the evidencethey fed actquirto d �. needed to be provided at that Yiearing in order considered at this meeting. Mrs. Gilpin also noted that the recording system was not working properly which resulted in a very pour, transcript, She advised that some of the items discussed were riot mentioned in the transcript. Mrs. Gilpin then read from a prepared statement as her testimony on the matters for the record, (Phis statement was submitted to the Council President and has been incorporated in the mi--eting packet materials.) Some of the► points brought forth by Mrs. Gilpin were as follows, lha issues on ai,peaI in Case No, $ 87- o3 were whether or riot Mr, Kruagur should be included in the 135th LID and if he should bc% allowed to switch tf►M phasing plan in cotswald 4 and build oipproKimatoly 53 t►omas without a Scholls `orry acco$u, Mrs. Gilpin adviti0d ►hist it a6pookr0d that Mr, Kr•uogor wax tryir►g to Hist out iii' thw► 135th Illi, scall all the land for dovelur)"101t, and tteal the pur-Chasar's ri<3ht to routo All t.ho conatructii►n cAnd llaaid''n�,0tty traffic thr•uut, h Ashbury anti MO nin-3 avolding oxpontiu Of thta c;holls Parry aci00t3, n in r►c�tc�ii r'!f)+�trli:i3`n ir► t.c.)3.titt►ony and iicti0l"O Mrs, Gilpr, At k. 1104trirr3$ officer' s hca,+ring, ha by Mr, K iti n st.«,itod thutt "within► A Naa iurii►`"wi,u�fdefaiaiivix4d r►jon tYtait; to►n first pio(,Q c alk d t 1 May lot, hu listed both t,h0 propor•tiaa known Au Chi,►lfor•Ci and CotawAld 4 for 0,410, `rho also noted that his rectltor• woks pushing tho ftr,t►Per•ty an i part.al►ent land, Mrs , Gilpir► taxtifl.�ad that Mr, Kr•uogor w;A# 0ncour,4girIg Mr., M;j than wh110►anotir►'3 t,th"AtContact wats atiCta►wt:aplAnning Mr, M��nix 0f,f i c i+sl for the City t.►f 't i g►xrd Mrs, Gilpin 40v1#0d th,4t ,rt thea M.t,y 2'rth and Juno tat f►aaringg, Mr. Kr P90r 40iturod that; ha we" going to dov0lop fftcrlford and Cotaw*ld 4 as singlo family retidsantial, ha notod thAt ai<3na w0r'o postod on or noa►r tf►a priips?rticra in question which clearly vhowed oirvjlo family residential lata, �. With regard to the Schons Parry accent. Mrs. Gilpin pin Laid that Mr, Krucgor had no intcnti0m or going t o the' Ablish thatrrte him y f- Mr, Krueger blaming the State was Highwaayn Department for that fact by page 17 -- ODUNCSL MINUTES — AUGUST 22, 1988 his supposed inability to obtain the Scholls Ferry access. Mrs. Gilpin referred to a June 1, 1988, letter from Mr. Prichard E. Bancroft (Mr. Krueger's engineer) which stated: "If the intersection is carefully located near the midpoint of the Hawk's frontage, all the required additional right—of--t-)ay can be provided by the Hawk's and Krueger properties." Mrs. Gilpin contended that the Scholls Ferry access was possible without obtaining land from the three opposed, adjoining land owners. Mrs. Gilpin noted she did not particularly want the Murray extension to go through because of its major collector status. Mrs. Gilpin stated that the residents of Gotswald 1, 2, and 3 feel that Mr, Krueger should have to build single family rosidencos of a quality equal to or better than those on Wilton Stroot. Mr, Kruuge:r should have to participate fully in the 135th Avonue t.1D and furnish the Scholia Ferry access for humus built in Co sw.ald 4, In rouponse to a quostion by CouriviIor Schwortx, Mrs, Gilpin rait,ar•at.od that many of tho onhibils .and documontotion thrat tho neighborhood h,ad proporod had riot boon protiontod at tho 11o*r 1njs Gffic:or'a proc 00d 11-111 She oddod thea thoy head riot boon awdviood that if they did not submit; thoir documont:actiun :at this mootin�3, thon they would not be able to oubmit Chir, meat.eria+l act tho Appo-4 Public Hoasring, Mra, Gilpin aAdviaud that thu ` Hearin►3a Gff.icor novor, rAji Epci them tt► submit: any of their documoot a , 3n roaponao to at quo%itIon by CA)unciIor Johroon, Mra, Gilpin riot'od that tho plat on fila with tho City had indiroiod ghat, tho entir•o acrPri in question would bo duvolopod ace ainillo faa11111y roaidontiOl h►nn►a, Thor* wAa diucuotiur► ec;r►c.0rnifig tho pxpiraticor► doto for tho Cot r'wald/Ghalford nutniivi►ii0r). ric?niOr• Pla.nntW I.WOM ?"OOMoctt►d that tho Pxpirat:inn date w,m6 in Mvy 1900• Mr,, Krup(jr, hard roquostud a six-mor►th oxter►aion in tho aprinq or thio yt)*tr. With, thw grasntjn9 of the oxtentsion tho Cottmeild 4 nuMiviaion atpprovcala would ha►vo boon oxtoridod to aground Nuvembor, or Uocomber of 1980, Thorta wa►v diaculsion on whAl. was in offoct fot tho pr000nt tinso, City Attornoy advjsod that in or•dor, to onxwo_r that quostion, ho would ntod to rt►zom- h tho dotumontm mora thoroughly. o Edw*r,d A. Ce3ging, 11828 SW Mornirrj 1011 Driva, 1 9--trd, Oregon 9772.3. Mr, tgging noted thaat ho toll, Otero was a communication problem, Mr, t:gginy %aild that Mr. Kruegor ha►d not roprocentod himoolf honestly to tho nolghbora and to the City Council, Page 18 COUNCIL. MINUTES - AUGUST 22, 1980 Mr. Egging further testified that, as a candidate for a City Council position, he has talked to many residents in Tigard. He advised that the residents expressed concern over the quality of life in Tigard. Rebuttal comments — Mr. William Manahan: o Mr. Monahan said that tie thought the transcript was clear that both staff and the applicant made reference to the fact that the land in question was xuned R-25/units per acre. Both Chalford and wotswald 4 are preliminary subdivisions. With regard to the pour quality of the tape recording (thus the poor quality of the transcript), Mr. Monahan noted that the Hearings officer sat at the front of the room and entertained quo!itions from tho audience. The audience was nut encouraged to comes up to the saicr,c)phonea each Lime a question wigs asked. Phis, in part, roucilted in a poor quality tapes recording of the me- sting. Mr•. Monahan advised that thuro appeared to baa a misundearstandir,(3 of they land usea process. Thio process,# was explaainvd by the.+ Iluarings officer during tt►p prucoodint3a and herr• connneants worn c,ont;ainod in thea rocorA. Mr. Mor►ahari advisead that Mr. Kr•uo9or h.es riot roprouontod that ho would absolutely build singles f&rnily xuixiivisiur►s, 1hia proport.y won xonod R-2b; thorn [area othor' 10ptie►ns as til wheat e an bei built on this; land busideaa single family rooieiuntial hom00 . With ro(jord to Of conflivt of int0l'O"t Or►ci hcevir"J "10 11uppor hand" with this+ issues, Mr. Monaehon nutod thu fullowir►13. ticj was a planner for 14 years- Whc)n tit,, r,pprebent n A c;liont, t.ho c;liont has C,o"10 t.0 him because Alloy re ogniro tt►at he` he,an an undNrwtondin�3 of plannin"4 principles , Mr, Munotioin nutejd ho has roprobontod €Bent.# >var t.F►e lout fow momt.hs to sevQral n0ie3hborlm3 c,itices, Mr. Monatuwn to%tifiad that hc► F►ad not, oxortod undue influonco On city st*ff with r0134ard to the recon►n-jendotionn in thin e:ana. Mr. Moriathan noted that beth her wnd thu Hvitrings 4fficor' oxpinlned tt►at ho hard been the`+ for-mor- Director of Commur►ity Oa_velopmynt, The Hoa►rings 4Pficor h.*d rnadn ntotelments Lo they pffvet that it would ba logicrAl that Mr. Mor►nehAn would bay representing clients to the City. Mr, Monahan noted that before tics agreed to ropranent Mr. Krueger, he reviewod they staetutos and rulings which were c1ted by Mr, Hood during his te%timbr►y, Mr, MonaehAn advised that full disclosure was made to the City of Tigard, With respect to the charges made by Mr, Head, Mr. Manahan advised: Dago 19 — COUNCIL MINUTES — AUGUST 22, 1989 o He was not a public officer nor a member of the Planning Commission. He was now a volunteer member of two City committees as was previously mentioned. Membership on these two committees had nothing to do with this subdivision. o He does not represent clients with regard to issues related to the downtown renewal program.. Mr, Monahan advised that the allegations by Mr. Head against Mr. Monahan`s role as legal counsel for• Mr. Krueger were not at issue in the natter before Council at this hearing, These matters would be would be heard more appropriately before the Oregon State Bar, Mr. Monahan advised that the statements that certain individuals received favored treatment before the City were erroneous, Similar requests for extensions had been invade by others as provided for in the Comprehensive Plan, Requests for modifications were not unusual. The process appears to riot be undurstood by some of the property ownor3, Rebuttal Mr, Russol Hoad; Mr, Hoaad raviowed that tho AUiiumptior)s for travel implications ware beasod on the fAct that ainglo fwmily homws were. going to bo dovelopod, if thare wau going to be a change in thAt plain, thon this noudu to bo 4addrNssod, Mr. Hv*d said that tho noighburu just wantod Mr. Krueagor to dolivor on whaat had boom promitiod to them. Mr, Heaaad nutod that he had chocked into tho roninj prior, to buyir►,� his property Arid ho undtarstood that they could build multi-family homes on this proporty. With regard to the issues reaito,d corr,toroirj Mr, Munahan' s possiblo conflict of intorout, Mr. Hoaad noted thAt thio would be taken up with thea Grogon St.,utr nor Association, Mr, Hood Asked if he would have to piny for, trAnssripts of this moatJrq hoaring, City Attornoy eadviaod thAt the Council had hoorvd the testimony dir-oct ly: tharcafore, a tr,Anscript of the meeting would riot be preprarod. Lodal Counural advisod t;hAt those Council membors who wares riot preasant could review tho top@ of the mooting, Page 20 — COUNCIL MINUTES — AUGUST 22, 1988 e. Council comments: o A brief sununary of Council comments follOws: — Councilor Johnson noted that Council would give the fairest hearing possible. She added that she did not question Mr. Monahan's integrity. Councilor Johnson asked that every effort be made to present information in an unemotional manner to assist Council in their efforts to arrive at the best decision based on the facts. Councilor Schwartz notod he understood the concern by the residents, tie expressed appreciation for, the participation of the neighborhood in this process. Councilor Schwartz expressed support, of Mr, Monahan and his right to tz-onduct his personal business in the manner that he doomed appropriate. Council would review the facts and Ict them stand on their own merit. Council Prosidont fdwards aasuroel tho audience that Council would Jo the bust po-3siblo job in he►xrin,3 thaao appu.als, Councilor Edwards cir►c;ouragsd now pooplo to learn thea land use pr,oroduro% Band becomo Lnowledjablo of past CIAP-W-il Actions, tie urged involvomont in the N110 and in th4+ planning procos,ou for different aro:as within they City structure►, Councilor ['dw+ards c;autiotiod tt►at 1$00kin9 Public office! can <a 1.)n0--iaaua nWr►ca had led to no,34t,ivu r,ouultu for tho City in tho pwut:, No notod it►at tho City noodod to locale rat itis curront problomu 4er►d growth putont.ieal ir► a po—oit:iva .,►:ae,nor. ConsidoroAtion must ho giv011 to 010 be �t. aolut.icanu for the wholo City. 0 Council consoncic,►s was to diroct ttoff to r-ofund +any f0ou Poid for the transcript of thes hoatring. 0 City Attorney, in rosponuo to A qeaol)tior► by a Mambor frun► thea audipnco, notod the►t tho Colo racluir°au i_t►,►t they hoaaring bo deanc? within the piar►at►►e�ter•n of what. h,%d he+c+n prose+ntod in tho race►rd. 1-ogael Counitol notod that it w.as ciif'fir,ult tt� dcrtarmine► overythin(I tt)at w.xu in thea rocord boc::auno of tho poor quzcllty trannc.ript;. Howovor, this clid not c:hoar►<jc tho fact that ra rocord wrap midp=— puoplo czar► tolst:ify as to what that record w+as, Wholly new documonts could not bo onturod into tho record at this point, f. Motion by Councilor Johnson, sotondod by Councilor lichwartr, t�► Continuo this horarincl to a data certain of iloptombor, 26, 1988. Tho motion was approvo+d by unanimous vote of Council PF'Ouont, x P#go 21 — COUNCIL MINUTES -- AUGUST 22, 1988 f ti f 12. NON—AGENDA ITEMS — There were none. 13. EXECUTIVE SESSION — The Tigard City Council went into Executive Session at 11:05 p.m. under the provisions of ORS 192.660 (1) (a), (d). (e), and (h) to discuss City Administrator selection, labor relations, real property transactions, and current and pending litigation issues. 14, ADJOURNMENT: 11:25 PM. . Approved by the Tigard City Council on �1 �L�� i�' f 1988. Deputy Recorder -- l.a.ty of Tig� AITEST: Mayor — City of Tigard cw/694QD Page 22 -- COUNCIL MINUTES — AUGUST 22, 1988 s. TIMES PUBLISHING COMPANY �ogal k H.O.Box 370 F"ONE(5=681.0560 IdOUGO 7-6681 BEAVERTON,OREGON 97075 Legal Notice Advertising CITY OF TIGARI� • I.7 Tearsheet Notice �O BOX 23397f • O Duplicate Affidavit IGARD, OR. 97223 w • AFFIDAVIT OF PUBLICATION STA'T'E OF,OREGON. COUNTY OF WASNIN(tTON, )so, Eyeing first duty #worn, depose and say that i am the AdvertiOng Director,or his principal clerk, o! tho.ZZ4ARLL.mI=S-- �. a newspopw of general circulation as defined in ORS 103.010 and 193A20;publishedat I --. .in the aforesaid county and stat+►;that the a printed copy of which is hereto annexed, was published in the entire issue of said newspaper and consecutive in the following issues; JULY 21 & 28, 1988 AUGUST 4, 11, 3.I3, 19$$ SutrsCribs n�n n ore me thi• � �1�-..�,�� Mot Public for Oregon My Gommisslon Expires: 9/20/92 AFFIDAVIT INNa i s xr a it�>pdr�l� idoa�da�r�'A t� 0 W% lt�4d tt► Y on oil pt CSI r; Cu rt 2i ' ye c°#t W 004pa o0 3uiy t I I r ! adtptnfng ety°trenttitalGF.11a pftun F . aStS : �Ani TIMES PUBLISHING COMPANY Local P.O,BOX 370 PHONE(503)894,0360 NOtico 7-6682 BEAVERTON.OREGON 97075 Legal Notice Advertising PITY OF TIGARD • 17 Tearsheet Notice PO BOX 23397 11OARA, OR 97223 • Q Duplicate Affidavit AFFIDAVIT OF PUBLICATION STATE OF OREGON. COUNTY OF WASHINGTON, jae. 1, ELAINE PETROOROROR being first duly sworn, depose and so m th A�Ivortising Director,or his principal clerk,of the, . " , a newspaper t;? graneral circulation as dofined In ARS 103,010 and 183.020,published at ._ .in the aforesaid county­and state that the a printed copy of which Is hereto annexed, was published In the entire Issue of said newspaper for r. ilk_T,-suooasaive and consecutive In the following issues: JULY 01& 29, 108 AUOUST 4, 11.9 & 18, 1988 -- / au6s—bed and sworn fora mo thist--liq SLI __I.� �ry Public for Oregon My Commisslon Expir089 2 0/ 2 AFFIDAVIT 1I< r yin TA His 03 to 1 „ 's F 50, 15 - � - CL 4ffi w 4�) Oilz Ya • N .,J ° ca 2 .29.18119 09 f1! 4!4 ON H MCL' u• �- 00 W _t F c ` d 5C G1 i�o o a r-i co H O H a p c m '�CL ur El '� U LL' b • • tl9 U _Ll 0 e0 40 00 0 v 0 N 2 t s AM V31 1 writ _ u 01 c' oil g c� r © o 1 a10 .d bird CY N Cid r 12 y w itz 0: d w , p U. � cli 1 §� w7 y4.of O LL C !, .fir C r'i f3r4 w o 0 � � N V V 0 COLO c !;i ,- e_ i n 1 P CITY OF TIGARD. OREGON AFFIDAVIT OF POSTING { In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss City of Tigard ) 22 J being first duly sworn, on oath, depose a say; That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) rxv_Q a _ Q3 which were adapted at the Council Meeting dated rdm copy(s) of said ordinance(s) being hQrQto att chad and by reference mads a part hereof, on the ,ZLL'Iday of 1, Tigard Civic Center, 13125 S.W. Nall Blvd,, Tigard, Oregon, 2. U.S. National Bank, Corner of Main and Scoffins, Tigard, Oregon 3, Safeway Store, Tigard Playa, S.W. Nall Blvd., Tigard, Oregon A. Albertoon'e Stora, Corner of Paoifio tarry, (States Hwy. 99) and S.W. Durham Road# Tigard, Oregon a Subscrib®d and sworn to before mo this , �► day of A d I 1 AZ4? Notary public for Oregon My Commission Expiros: ff Cid,- ` � A'' F ` -'VIS ITOR'S PCNA `' QATE'°�*� <, (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 ,``+'/,. -t,%ir�V�•N ���A+�11�\ 7,jc.tr �7N mss.jcrr f) YC. tit3E�'r rl.� MtMle�+ �eti1 oaf• ,t) -r�� -J', / �NNI!,(I1 f iru �w t. '. A..'f."* Wis. tw*r.. 'W""` to.&Ise. DATE baa Goa I wish to testify before the Tigard City Council on the following item: (Please 1print the information) Item Description:' .,� ---Pm -145 — 19tt1911 C vr12 1 �� t.of L:ne OA mom.o` �€ a Proponent (For Issue) Opponent (Against Issue) Name, Ydress and Affiliation Name, Address and Affiliation DATE I wish to testify before the Tigard City Council on the following item; (Please print the information) Item Description: Q!a'QhA2:i0 roponent (For Issue) Opponent (Against Issue) Dame„ Address and Affiliation Name, Address and Affiliation 4 V.) 7jv�Irw 1. to f �es'� 1 DATE O J at Q d I wish to testify before the Tigard City Council on the following item: (Please print...the information) Its Descrip 'oa. !. s Proponent (Fox Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation a t, DATE I wish to testify before the Tigard City Council on the following item: (Pleaso print the information) Ownde- Item Description: -Q-m '&ED �. ;. Proponent (For Issue) Opponent (Against Issue) Nance, Address and Affiliation Name, Address and Affiliation E DATE I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: : ` —I Proponent (For Issue) Opponent (Against Issue) Name, .Address and Affiliation N , ress and Affiliation K 1.0 N !: It�c���'rl�biiti fJ fn . :j„t /;'� ,�:M�:�`.. C�� �c.�A 0 A, lnl 6 StC! /I1r'JQNi61; /f((t ,� oYvnit' �, o T o,r►., e o ; o A k Z LA 0:'t d M 4 ^�✓/el � r, is �� � a�('�,�� �� .�<*�”' � J 797 w me � iG h Av., '*..� r� Cl C �P'S 'Y`, ����O� S U.�,'r�►t�fyr,+'y�,�i{1 �� �+l= L ,:(�,n�5 1��z 1 S,c✓y s�b�r�.y. tau ti�w, f!�tl �1E11�N Es,,,Ctr. t�d� s.rtea-�NIES VA 1%-41 0 f- V1 t CITY OF TIGARD, OREGON MEMORANDUM TO: Honorable Mayor and City Council August 22, 19BB FROM. Marcha K. Hun SUBJECT: EAGLE SCOUT PROJECT Appearing before you this evening will be a young man by the name of Travis Pilcher, (You may remember that Travis was recipient of the Silver Congressional Award Medal earlier this year.) Travis will sign in on Visitor's Agenda. Travis chose Cook Park as the focus of his Eagle project. Travis approached Curt Spaan early in his project and informed Curt that he wanted to build picnic tables/benches for the park. Travis collected recyclable% from resident% of Tigard, and from the City, and from those funds purchased the► leg forms nocPssary to build the tables/benches. He then contacted several lumber companies and from them received donations of lumber. These lumber companies werot Clark Lumber Co., Tualatin; Stanton-Cadahy Lumber Co., Hillaborol Elmo Studds Building Supply, Lake Oswego. The tables/ benches were built by approximately 10 Boy Scouts from Tigard Troop 0799. Travis supervised the building. This evening he would like to complete the project by formally giving the tables/benches to the City of Tigard. mh LAW OFFICES ' J� FURRER & SCOTT r 9185 S.W.BURNILkM STREET POST OFFicE Box 23414 TiGAM OREGON 97223 PATRICK J.FURRER _miL C $03 10- FrCSIuuE 620.4313 A1"AEL J.SCOL' TEI.It-HONE 620.4340 MARCIA L.JORY KIM M.MINGO August 15, 1988 Jill Monkey F.O. Box 23397 Tigard, OR 97223 Re: Tigard Chamber of Commence Public Affairs Our File: TIGARDCH002 Dear Ms. Monley: i serve as the chair to public Affairs Committee of the Tigard Area Chamber of Commarce. At its Alagust 91 1988 meeting, the committee discussed the city's upcoming transportation related bond election. Frankly, initial reaction of the committeae was in opposition to such measure. The committee is concerned that its input relative to this matter was disregarded and that economic development was not a factor in the city's decision. The committee has not, however, made a formai recommendation to the Chamber Board of Directors relative to the Chamber's position on this issue. Members of the committee were concerned that the city be provided the opportunity to 4XPl6in its position directly to the Public Affairs Committee. Accordingly, I am requesting you or your rapreaeanteative contact paggy Weston Byrd, the executive director of the Tigard Areas, Chamber of commerce to arrange a mutually convenient time for a brief presentation on this issue. Me. Weston Byrd can be reached at 639 .1656. Should you have any questions of mu concerning this issue, do not hositate to call. Ve tru your , Cha 1 Ott MJg/ja cc: peg9y Weston Byrd C{ .. — lJcia,d u�i.f-• - Ui S� ��YS IMPROVEMENT OF CITY CONSTRUCTION AND PARKING ORDINANCES: ENFORCE WORK HOURS NOT TO START BEFORE 7 A.M. AND STOP AT 8 P.M. THERE MUST.' NOT HE ANY EXCUSES BECAUSE OF WEATHER$, OR ANY OTHER UNUSUAL CONDITIONS. PICTURES TO BE TAKEN OF STREETS AT JOBSITE* BEFORE ARID AFTER COMPLETICU OF JOB. — SPECIAL CITY PERMITS FOR ANY LONG PERIODS OF PARKING AT JOB SITE OR ON ANY CITY STREETS. — ENFORCE RULING THAT THERE SHOULD BE NO PARKIN CLOSER THAN 20 FEET FROM ANY STREET CORNER IN THE CITY SO THERE WILL BE GOOD VJSABILITY IN / MAKING LEFT OR RIGHT HAND TURNS. l MAKE SURE THE CONTRACTOR HAS ,PARKING FOR .EMPLOYEES SO THAT THEY DO NOT USE NEIGHBOIMOD LAWNS AND STREETS. MUST HAVE RULING THAT ANY OFFICE 13UILDING, WAREHOUSE# OR SUBDIVISION CONSTRUCTION HAVE A FENCE AROUND JOBSITEi AND THAT ALL WORK BE DOME ON THE SITE ITSELF. MST HAVE rLAGMAN AT ALL TIMES AT SITE TO GUIDE TRUCKS AND EQUIPMENTi COMING AND GOING OP'P JOB SITE. — HAVE RULING THAT 210 'VACUUM OF PARKING LOTS BE ALLOWED BETW-M4 TETE HOURS OF 11 P.M. — 7 A.M.o AND ?ME ON SAT. OR SUN. ENFORCE RULING THAT NO CRAWLERe DOZERi SHOVEL, OR ANY OTHER C014STRUCTION FAMPYlENT USE THE ST'REETS.# UNLESS THEY HAVE STREET PADS. For T o C) !) Lt LLunc. 't I I in c� f . MEMORANDUM rr CITY OF TIGARD, OREGON t~ TO; Honorable Mayor and Cit Council August 15, 1388 FROM; Eorc:en Wilson. Recorder SUVECT; Cruisin' Tigard Report A roprcrsentativa from TPI will be appearing to give you a verbal upd4to on the Cruisin' 'Be celebration, lh►a City'x auction report is included for receiuo and (pile under Consent agenda item. 4,3a. lw/646b) + T I G A R D C I T Y C 0 U N C I L r REGULAR MEETING MINUTES - JULY 11, 1988 - 6:30 P.M. 1. ROLL CALL: Present: Mayor Tum Brian; Councilors: Carolyn Eadon, Valerie Johnson,; City Staff: David Lehr, Chief of Police; Wayne Lowry, Finance Director; Jill Monley, Acting City Administrator; Ed Murphy, Community Development Director; Catherine Wheatley, Deputy Recorder; and Randall Wooley, City Engineer. 21 EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:41 p.m. under the provision of ORS 192,660 (1) (a), (d). (e), (h) to discuss city officer employment, labor relations, real property transactions and current and pending litigation issues. 31 STUDY SESSION: a. Agenda review-,-City Council briefly raviowed tho items scheduled for consideration during the business meeting. 4, NON-AGENDA ITEMS; a, Park Ms►intonancc discussion ­ Councilor Eadon b, Cruisin' Tigard 04r•b;)q4Ae m- Councilor Johnson C. Park MAintonanca ­ Councilor, Eadon d, Tualatin Water, Quality Report .- City Cnginuur, cr. Supplomontol ,,wr•pIus Property Acting City Administrator (Nott., Council consensus was to add this to the Consent Ajonda, It►►m 0,2b, Exhibit A Surpluu Property List (,Resolution No. 86 "62]) , 51 VISITOR'S AGCNDA:m. No ono spoko. 61 OONSENT AGENDA: 6. 1 Appruvta Cour►cil Minutes -.. April 15 6 16, 3uno 15, 9.3, & 29, 1888 6.2 Peceiva and File: #r, Council Meeting Cralend^r Updoto b, Surplus Property List - Exhibit A (for Resolution No. 88-62 adopted by City Council on Juno 27, 1988) 6.3 Approve Str•eot Vacation Hearings ror August 22, 1988 a. Murdock Hill Drainn+ge Lasement - Resolution No. 08-65 b, f on)amin Franklin Commons Right Of Way - its±s. No. 88.•66 6,4 Approve Contingency Appropriations: ia. TVEDC - Resolution No. 88.67 (Contingency Appropriation) Resolution No. 08-60 (Authorize Signatures/Contract) Page 1 = COUNCIL MINUTES - JULY 11, 1988 1t i E J 6.5 Recess Council Meeting; Convene Local Contract Review Boa" (L.CRB) Meeting; a. Authorize Call For Proposals For City Center- Financial 1 Consultant; b. Authorize Purchase of Police Radios; I Adjourn LCRB; Reconvene Council Meeting 4 6.6 Approve Training Request -- Computer Systems Manager (Removed from Consent Agenda) 6.7 Approve Neighborhood Planning Organization (NPO) Appointments — Resolution No. 88-69 There was discussion art Item 6,6 (Approve Training Request Computer Systems Manager), Councilor Johnson questioned whether or not: the same information could be obtained from a local seminar rather than ► traveling to Las Vegas, Mayer noted the seminar appeared to Focus on retail usaes; he expressed concern with regard to public agency applications, Council consensus was that the funds would be batter spent with the Cumputor Systems Manaiar attending soveral local seminars which have computer information for public aagencies as a segmont of Choir proijramv, Council *dvi►sod they would consider this trainin,] roquost further should staff douiro to provides morn+ infuraa►at:ion. Motion by Councilor Johnson, uaacoodod by Councilor E:adon, to approvo than Conoont A.Iondaa with Jtom 6,6 dolutud; oleo oddod to the Concent Agonda wet Alto supplomont:al surplus proporty lint donotod as Cxhibit A (soo Rouolution yo-AZ odopiod Jung* 27, 1900) Motion was approvod by unanimous vote of Council pr,a►uaant. (1)OINT Of` 0RJ)l:R: AC's[NDA l,'11 M #5 WAS 11LARD Al 1100, '1JMF, ) 7. PARKS SYSTEMS DEVELOPMENT CHARGE (SDC) REPORT: Coanmunity Dovolopmont Uiroctor, uunm►ari�-od Chit ogvndaa item (plvisvo u00 momoraandum daatod July 5, 1960 fro", 001111nunity D0ve)0pmor►t Diroctor to Mayor and Council submitted in Council prackot). Tho City hat the opportunity to purchaaso li►nd around SummQrlaako Park brafore dovolopmorit occurs; howover, doing uo would commit tho Parks SOC Fund for tho noxt fow years. In addition to tho aummarinak@ purchoo@, it wnt tuT3usted that tho Parks SDC rovonuot fund tho Parks Maattcar Plan, purchaato of a piece nfi proporty on ronno Croak, and robuild thy+ t.ur•f at. SummorlHako Park, Community Dcav+alopmunt Director aatked for as rovicaw of Council polity wheroSn SDC funds would be allocated between a NW and CE Fund, Discussion follofood, Paige 2 — COUNCIL MINUTES = JULY 11, 1980 w Con►►nunity Development Director asked Council if neighbors near the Summerlake Park should be contacted to determine if they would prefer to have the Summerlake hark turf be improved or whether these funds could be utilized elsewhere for this park. After discussion. Council consensus was that this was a City-wide park; therefore, neighbors should not be contacted on expenditure of funds. It was noted that the money had been earmarked previously for turf improvement. The Finance Director reviewed financing information (:ee Finance Director's memorandum to Community Development Director dated June 29, 1988 included in the Council meeting packet:). He advised that the City will have resources in the 1988--89 Parks SOC Fund for park land acquisition (a total of $218,000) . Council questioned if there would bu a risk should development not occur within the next; five years as anticipated. Finance Director acknowledgad there would be sumo risk if construction had not continued as estimated; however, he rioted the estimates were conservative. Council reviewed the policy issue of tho NW/SE split of Park$ SOC funds, At oro time it appeared thiat there wtas consider-Able development taking place in ona part of the City while onothor pa►r•t of tho City w;as rc-ceiving benefits of the SDC funds via park improvomonts. In order to provide adoqu*to patrks for all parts of the City, tho NW/t"C policy of dividing SOC funds w.a3 implemsintod. Community Dovvlopment: Uiroc;t.or advised that staff would roport to Council on how the NW/IE policy has worked so fair. Ho noted t.hot utMff would bo prvparod to tjivo recommendations with rvgwrd to tl►i► policy at a► latitur data. Mayor a0,,vd thbAt; staff propcaro a rc,pcart outlining the del-oils of thu 4_ funds as provontly a►lloc:cated; to projoct rove:►ruauu by district if vdc4ant land wery dvvvloped as ionod; And what rovonuou havo coma in over tho last year. Community Duvvlopmunt Director prop000d to draft d chiarrgc► in tho NWAFt Parks SDC distribution in rvnolutiun form ror Council roviuw. Council convensua was that this would b€► occopi-Ahlo, (POINT OF ORDER: A(XNDA ITEM #4 WAS CONI310LRLD Ar ins 1i,Mf,) B. COUNTY TRANSPORTATION PLAN DISCUSSION: A. City Criginoor reviewed this Agenda item (sc►o momor•andum from City Engineor to Mayor and Council date+d July !), 1988 ir►cludod in Council meotirej packet). Council had previously rocaivod copies of the public review drwft of thv Wenhingion County Transportation Plan. 7hc! County planning staff asked that the City indicate their andorsernent or objections to the draft placn, Tho draft Transportation Plan is one component of the County's Comprehensive Plan update. The County and City have a common goal to prepare the 7ra+nsportati.on Plan so that it adequately provides for transportation needs as Washington County population continues to grow. Page 3 — COUNCIL MINUTES — JULY 21; 1998 Council and City Engineer reviewed the draft of the Washington County Transportation Plan. (A copy of the Plan is included with the Council meeting packet.) The following observations were made by Council and the City Engineer: o City Engineer noted the apparent: change in County policy concerning road jurisdiction issues in that the County was showing several roads being returned to their jurisdiction. The County proposed to return Durham Road to their jurisdiction with the proposal that Durr:^„ become a truck route, Lengthy discussion followed, Mayor commented that tie could not support the proposal that Durham Road be returned to a truck route until such time ,as the Tualatin-Sherwood bypass was a reality, Council agreed with the concept of a County-wide truck system and the identificiatiun of truck routes, Council, however, was nut prepared to transfer jurisdiction on roads at this time, o City Enginoer notod that Forest Grove has endorsed the Washington County Transportation Plan updato dr•afL with some oxcklptions, o Council discussed several concerns wiLh tho Washington County Iranaportation Plan updaato, C;onsonsus was for tho City Unginerr• prop+aru a draft lettor noting Council'x jonur•al approval of Lha TrEanaportiation Plian update draft. Tho loft-or would also Not tho concorns of Council, o Council diocusood tho fact that Boof Bond Road had not yot roc:oivod any TranaporLation T►nprovomont Funds (no which had boon colloct:od from thia ar4Ea, Thor► w;aa concor•n that thin move►y should baa soquoator•od and hood in an aacrow fur futuraa improvonionts to this mead as tho ar•oa continuos to dovvilop. Thia aubjo(,t would ba diacuaaod again with WauhirrlLun County Commissioner Roy Rogora at tho July 10. 1900 Council workshop. L@9*1 Counaul odviuod that thea prop000d aoquostoririg of 111' funds could bo accumpliahod throutjh an intor4 ovornmontral deAroolivont with Waithington Cour►ly, o It wa►s nrted that a hultpc►rt w+►as not %hover► On the COUnt:y "tr•ansport&tiun Plan; than Lincoln Towur•s will haavo A holiport on nitre. b, City Engineer and Council diar:uadod tho Oregon Dapsartmont of Transportation Six-Yeatr Highway Improvamorit Program, Council consonnus w+ax ftir a latter bo frrupared rand forwaarsdod to tho Highway Division noting the candorsomant of Tigard City Council. City Engineer &dvisod that Washirv]ton County C:haair Hays would be representing Washington County interests at; the July Oregon Transportation Commission meeting. Commissioner Hays arid the Tigard City Council have concerns on the Sc:holls Ferry Road improvements (please see letter from Oregon Department or Transportation dated June 21, 1988 along with memorandum from City Engineer to Mayor and Council dated July= 5, 1988). Page 4 -- COUNCIL MINUTES - JULY 11, 1980 9. COMMUNITY INVOLVEMENT DISCUSSIONN: a. Acting City Administrator noted this item would be scheduled for more detailed discussion: either on August 8 or Au.3ust 15, 1988. There was limited Council discussion concerning attendance records for groups such as the NPO's. Councilor Johnson suggested that a form be created for recording attendance. After the meeting., the NPO Chairs would leave the form at a specific City Nall location. Acting City Administrator advis+d she would review current: practice and report to City Council. 10, NON--AGENDA ITEMS: 10.1 TUAL.ATIN WATER QUALITY REPORT a. City Engineer updated Council on the No►rthwust Environmental DafonsQ Contor's lawsuit cuncorning the Tualatin River. Cort:ain conditions have bion impoved upon Unified Seworagcr Agor►e:y with recja►rvd to they standards of accept:.abla le3volo of phosphatou/ammonia roleased into the river. Ther Department of Environmental quality utael'f ,luo proposed ijuidolinou for local jurisdiction compliance with rogard to storm dra.inacjo. An Aujust hearing was sch odulud fear rovIow of conditions on utor►n drainaga. City Unginoor• will keep Council atdviuod. F 10.2 CRUISI.N' i IGARD pARU1,QUI: 1.., ta. Councilor- Doh►nson noted the nood for, volunte or's for the Cruisir►' Ti(3a<rd BarboquQ, 10.3 PARK MAINTL NANC1 /CI1Y HALL. L.ANDkXAP]NG 4. Councilor lodon noted concorn with the condition of thea City HfAll Iand ucapinej, Liborty Park and Main Mtropt. Park, Councilor Johnson o1rood with Councilor- Cadun, Divicuvuion followed C()r)corn1ng nr-sras which need mi.tontior) inc1uding., Troon planted by volume ors noaer the Civic Contor parking lot: nood watering. Civic Center landscaping maintenance is labor ir►t€rnuivo. Att;antion to dotaill (i.e., picking up woods often pulling and sweeping oidowalks) ween lacking. Cruisin' Tigard celebration was s►choduled for July 23. City craws should focus efforts at bath Main Street and Liberty Park. Page 5 -- COUNCIL MINUTES -- JULY 11, 1988 . Cow.nunity Development Director acknowledged Council's concerns. He advised that he would be working with staff on the issues. b. Mayor Brian commented on tha Fourth of July celebration at the Tigard High School. :?e commended the Police Department for their excellent demonstration with the K-9 Unit as well as traffic control. Mayor also noted the conurtendable job by Public Works' crews in cleaning up the Tigard High School grounds. l.l. AD70URNMCNT: 10:15 PM Approved by the Tigard City Council on LIZLL_ ?��- 1988. Deputy Recorder — CCS fit' 1 agarci AITE iT; _ Ma ur City of Tigard ew/60081) Page 6 - COUNCIL MINUTES - JULY 11, 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 22, 1988 DATE SUQM11`1ED: August 22, 1468_ ISSUEJAGENDA TITLE: Munthl_y Reports PREVIOUS ACTION: ^ may — July 1986 PREPARED BY: DEPT HEAD 0 '-4—CITY ADMIN OK REQUESTED BY: T� ^ POLICY ISSUE INFORMATION SUMMARY Attaohad Pl.easo find the Monthly Reports for May -- July 1988, prepared by Ow" Dwpar,l•merit of Ca nimunity Development, %jIRNAIIV ti CONSTDrRE'D, Roceivo wnd fila, m• Slli�G SI ice[) CTION ON pocoive unci fila. ht/09t)OP/0006P MEMORANDUM CITY OF TIGARD TO: Members of the City Council August 22, 1988 FROM: Ed Murphy, Director of Conununity Development SUBJECT: Monthly Report -- May-July 1988 PLANNING AND PROJECTS C,ity Center 1. Transportation Plan consultant held first meeting with City Center Plan Task Force and Transportation Advisory Committoo in July. 2, the City Center Plan 'tank force had a booth wot up at Cruioin' ligard, Approximately 160 Vision Statoments wore dixtribut:ud, 3. On July 11, City Council authorized rvlvrAt iv of ar, RFP fc,r• a conoultont to proparu a financial plan for the City Grantor Study a►roac. Throo rosponaus wore, r-ocoivod. A resolution authorizing a t:untr•cac:t with tlob Moroo io on t.ho Couneil'o Auguot 22 Atjo dd, A. On June 25, City Council awarded the contract fcar they pry+parwtion of the Park% M.aotor Plano to Mut,a%o and AsnocWtoo, Thio otudy will inc:ludo Panna Croak Park . 5, On August 8, City Council authurlr,acd jhje rc;lk�tave tyf an RF'P for the dotign element, Sovoral ratllo haavo boon roc oivod roqueat.ing the RFK Perko�la►rt 1 . Murdou and Asouciaatos hoe been #01.pc•taad to prrvpar�p thN Pranks Maaotor Plano for Fanno Crook, Cook, and Summorlako Parka, 2, On July 19, the Park Doord rovivwod thoir list of i1,Qjjj% J,o be considtired for thea lsavy next spring, Tho list will bo rofinod as the consul.tar►ts provido additional information, Trasansporttxtion 1 . City anginooring ojaff are currently working with County -stsaff to 'COmplo.tta the Northeast Bull Mountain study analyais, it should be noted that: the computer software Council authorized enginoerins to acquire some months ago has allowed staff to %ave thousands of dollars on this study. Memo to City Council May — July Monthly Report Page 2 PUBLIC WORKS OPERATIONS Parks 1. New trees were planted at Englewood Pari:. 2, Received over 600 hours of community service assistance "and over 50 hours of volunteer assistance during the months of May, June. and July . 3. Well over one--third of staff time is now being spent with mowing and landscaping activities. Wastewater 1. Cleiiiivd and inspected over 10 milvx of sewer, line. 2. Repaired or installod new storm pipo alt: Wa numbor of locations including SW Walnut Terraco, SW 69th Avonuo, SW Alfrod Stroet; and sW 78th Avenuo, Strath 1, Appr•oKimAtoly 70 pc►rcont Of City str•Nc►ts wciro Uwq,!pt in ,July with rom.ainiru3 stroots to bo c:omplotud in August. 2, Ovor 00 tans of alpta►alt ware uuvd for patching work. 3 . Ovur 203 gallons of paint wvro used for stroot; imirkinqu. M4air► SLrook accounted for almost 12.0 t3ollona. A. Roa<daide mowing activity has boor) lin►it0d (Juts to tho pour condition of our currant roadsido mow►)r•. Bids are now boin3 accepted for- as now niowor which should bra horn by noKt spring, In the moontimo, wu will bo runt:irn3 ;w mowor to keop pa►co with the domand this summon. CAPITAL PROJLCTS Lr•aat:s 1. Contracts have boon awar•dod for signal and turn lona construction at tho inLurscaction of SW Tiodeman with SW Gros►nburg. 2. Construction of turn lane on SW Durham at SW Hall is underway. 3. Construction of a ream►nininq pieco of SW Ash Avenue at SW Crosmar Drivu should start this month. A. Bids are now being accepted for the Greenburg Road/Ash Creek bridge � widening project. 5. Design is nearly completes on the fallowing projects: a. Greenburg/Center Street intersection (traffic: capacity improvements). b. McDonald Street bikeway improvements. c. Street: overlays. Memo to City Council May — July Monthly Report Page 3 6, The 135th Avenue LTD bid award occurred on August B. 1968. Sanitary Sewer 1. Gentle Woods manhole protection will be built in August when Fanno Crock flow is low, 2. Casement for Hunxiker Industrial Area railroad crossing project are now being obtained, Storm Drainage 1, Did openin,3 for the first phaso of the 1000 Ave/Sattler Street project was hold tin August 16, 1988, 2, Vasumont problems with 11illviow/104th Avenue project were recently resolvod; staff is working with proparty owners on final douit3n detail, Land Use A��,1>r���wls 1 . 5 Minor Land Partitions that could crcMot.o up to 7 now parcels. 2, 3 Subdivisions u Waverly Cont. noar Nall Arid $iattlor 105 lots 0 Ma Duvulopmunt , noiir [lull Mt Rd & 126th 3$ lots 4 o Century 2.1 noAr Wintorliako Rd/Il,awka D1vd y10 l,oto Tut;gal 161, 1t,ts A. ApprtvAl 1H pondint3 sin 7b lot pr,ojoci. rioatir IIAII Band Durham proposod by Titan propurtios, 3, 4 Site Devolop►nunt Roviuw/Planned Dovulopmont Proposals Co"Imo reial/I rid 1AVtr1#41 +� Koll Company - r►par, Bonita And 72nd x7,600 4q ft (currently being appo&lud) o Key pacific near 69th and limine% 08,1b0 bq ft a Pudl of Corp near Bonita and 74th 20,.000 0W ft 1OtO1 165,750 sq ft Rovidantl&l (multi-family) n Durham 3nmitmonts npar 10801 arid Durham 224 units A. Approval is pending on 130 unit complcax near Tigard St & Fenno Creak B. It xhruld be noted that staff has had pra-application meetings concerning a number of potcantial proponalts. Total units involved are around 400500. 4. 6 Conditional Use Approvalo o Lincoln power !leliport—hearing has been continued. ht/09SOP/0006P i Y i `Building PE*rmitS May - July Units/Permits % Change Valuation X Change 1988 1987 1988 1987 t New single family 82 95 y16% 6.269,236 6,955,726 y10% New multi-family 144 0 4,100% 4,597,344 -0- T100% Residential alterations 18 20 y11X 154 367 197,351 y22X i Totals 244 115 t 212X 11,020,947 7,153,113 05% } New commercial/ i industrial 9 10 410% 3,846,500 3,779,795 1, 8% Commercial alterations 48 38 T26% 1,599 O2 1281 1A7 4.25% Totals 57 48 5,447,552. 5,060,942 4, 7% , Total Valuations 16,468,499 13,484,551 4`72X. May July 1980 1987 u Avorago value of now single family unit 76,454 73,2.18 1.4% o Avoriop valuo of now commorc is l parmit n 427,611 377,960 4,13% o Thur Building Official has noted that a docreaane in the availability of subdivision lots is pr,im�irrjly rotiponsiblo for' t,ho 10WOr• sin,31e family por,mit numbers this yo;Ar, 1t appoa►ra that total multi-fNmily pc;rmits for thin yviir will bo well above last yearn, ht/09G'aP/6i► CITY OF TIGARD�OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 22 1988 DAIL SUBM1I1ED: August 11, 1988 ISSUE/AGENDA TITLE: Monthly Report PREVIOUS ACTION: Conununity Services Department for July. 1988 PREPARED BY: Donna Corbet DEPI HEAD OK CITY ADMIN-O RE.QII[SI EO BY, Mayor and Council POLICY ISSUE Community Services Department Monthly Report for July. 1988 INFORMATION SUMMARY Attoched is the Community Services Department: Monthly Report for July, 1988. , At"I E kNA11 VFS C ONS111t R[-D 2 i W.W ...W.,.,...,,......,..W............._,......,.,.„....,�,...,_...... ,,,, ,.,.. , . ,f..l'aC:A L 3M P AC;1" - _._.._�....��.__.... w_........_........�.._.....SUGGESI'fwD_ACCION Review and Fila dc:0009s t MEhORANDUM CITY OF TIGARD, OREGON 1q; tionarable Mayer and City Council August 11, 1988 F:40M: Jill Manley, Community :services Director SUBJECT: Monthly Departmental Report for July, 1988 COMMUNITY SERVICES ADMINISTRATION The w�,%s completed tF►is mor►th. As a result. we -have n►uch better working spacos fur most; departa,ont'il employoes, The newly located production center, appoars to be wc►rkin,J excellently and contains a lot of the noise and conversation associated with those fur►ctions, During (job's vacation in fAurop►► in ordor to make sura that everything is wall tondod, Wayne Lowry has boon temporarily assigned aKs Community Servivos Dopartment Coordinator. if this arrarnJoniont dooms to work wall durir►;q Bob's vacation, we will probably continuo it through the interim until a now city Administr'ator' is suloctod and on bo4krd. All joctions in tho dopartmont put: toijot.hor, thoir, 88_09 workpliins, Ihoae have boon coiluct.od, roviowod, Fend modifiod so t.t►at wa'r'y► 411 working toward the aamo go,ala and in a well cK.u:►r•dinutOd root for . We have boon goaring up t0 ba .ablo to transition omployoes to Fa bi.""wkly pay schodule starting mid-Augubt, It appoarrs thitt wo' l l %o doing this for tho gonoral Qmploy4r�es but not addrossinq the polic,) omployi,,em until aut:horir.od in writing by tho nogotioting goons, This transition t.o bi.-°wookly should 0440 our p4yroll procou'A s in that our computer is doairjnod and fun+,t.iVns with less pouplp input on a bi w@okly syrto�e►. Staff hers bvvn working on diffK+rtint iciNats fur miwkinIj alv:ailnblo infor'mntiOn on tho difforant action plan itKr.m ojoctions: itopoful.ly, we K.an dff► ,jjrs something now which will servo us well over, the next vino months, F►f'RS0Wr tt, IPOA negotiations continued during tho month of July, Duty to vacatiK is of all involvod, it w.rs difficult to meat many timos during this ­', ' tr. However, that did allow us plenty of timo to double chock rind oxpisnd our, fiscal pf•ojcsctior►a. Hopefully, negotiations can be wrapped up in August, with 5uly being the first month in the new fiscal year, the►rc is aK lot of personnel a►djustnsent and clean-up work to be done relating to COLA changes, health plan options, and open enrollment. A volunteer financial planning training session was made available to employees. This was put on by Conrad Pearson who axls.i chose to involve at few other local { professionals. Attendance could have been better; however, feedback from those that chose to attend was that some very valuable long-range understandings were presented. 1 MIN C.S. Monthly Report (can't) We began receiving inquiries and applications on the City Administrator position. Informational packets are being mailed to all applicants. we've received roughly 35 inquiries and 2 completed supplemental questionnaires, COMPUTER SERVICES The Computer Master, Plan is scheduled for discussion with Council in early fall. It is being developed at this time to address a three year timeline due to the rapid changing t.ochnology in this industry, Coordination is scheduled with the Computer Users Croup in August, ylve User-3 Group is developing a priorities rind focus list for City—wide computers, The Police Department computer task furca has continued to nivel, 1ho focus for tho month of July was the devolop►►cant of dasieln Criteria for' the computor race►rds system and reporting neods of the Deptartment , Furth or meotinjs havQ been hold with t.l•►o City of Portland and thin hluroaiu of Unvor.leency C',onununicaticana for Mult.r►omtah County regarding thtz implomontation of a police intorLiea system for tar► aroawido police 1`10te401"k, $)ovor,al other Ataonciou in tho oroa have contacted 1itjard and oxproasod it►tur-east it" int0rtioln'3 with tl►is notwork, F kNANC.E..j ACCOUNT;3 NG 1'ho ponalty and turnover procoaa for dolinquo►rt aow(�r and atorai dreainivj. o iae,c tieur►tta ( w:aa cumpleatod in July , Wo turnod uvor 29", li couritn fur' .a 1,0141 014cludir►13 the" 1`% ponealty) of $04,616, N.1 , Moteger orva ro%ident;e received their firxt city oowor• .and alorm dr,.ainoljo billintjo in July. Theso c;itire�ns h,ad pr,ovioualy 1.►,atei atAc;h chare ou can thesis property trix bills. About 5 N.0 . Motrgor sonior, cJtirena head been doforrin,'4 t:he>ir property tr►xoa throo-jh thea Stator % "Sexniur DoforrAal Progr,4*n►," and wxkod to contirxaea to dofor their aiewor bills . In contcactinq tho Mato, wo found thAt thrair• proegr«an► will not allow doforrtal of utility bills . Wee ro ached to tentative agrceemont with UNlt-)YS on ,a tri.-Ade- in (if BY0 rnir rr►ccamput,c+r taquipmant for PC comp,atiblo equipmont at no cost to thea city for thea Community Devolopment area. Wta will bo sisking Council to oppruvo a partial buyout or tho l,aaso to acquir�a title to tho loasod equipmont ao theAt it may bo tr;adod. Wee have been working with the cAuditors in preparing for thoi.r arrival schoduled for, Auguut 29, 1908, Audit preparation involves the completion of numerous ,audit workpapers and the preparation of a variety of audit journal entrios, The Attorney and the Finance Director met for the initial meeting with a repreventativr of PN0 to begin the franchise renegotiation procoos. The process with PN9 should not be a lengthy one. A copy of our first draft ordinance will be forwarded to PNB in August for review. The Finance Director met with certain members of the Transportation Committee to discuss the financing of road improvements through the sale of bonds, Other financing discussions throughout: the month included parks and city center- in►provements, 2 C.S. Monthly Report (con't) CITY RECORDER "Risk Management" has been added to the City Recorder's work program. The November 8 elections issues have been increasing in focus and will continue to be addressed throughout the elections for Mayor/Council and Transportation issues. The Court/Records area is still being supervised in this office while the Manager is on maternity leave. Nadine is scheduled to return August 22. The annexation process is being emphasized in this office as the Recorder is concentrating more on those areas interested in coming into the city. OFFICE SERVICES Tharo is still a substantial amount of work coming in the the Word Processing and Offica Sorvicas cantors under a "rush" order request. Staff is boginning to do sums training in this area and adjustin.7 work schoduleu to accommodate certain :says of the waok which seam to haves a haavior concont:ration or rush work raquests, WO are still oxporiearacinij about a W% rush r•e.Nquast worklovad. Now vonding oquipanunt and corroo niachinou worn installed in thea omployoo lunch room. Thea now coffoo machine► io plumbod diroctly for hot w4Ateir 4nd hraa roduceid the+ amount of time nocussary to brow a pot of coffou or tra. Though thisi is a little itom, the amount cif staff tin►o uovod in coffoo and tea hias boon aubut,ontiolly roducod. 9QURfi Ouritig the months of June and July, Court hits noticod a docrooue in the number of traaffic citations being receiving. Thin it normal for thea summar monthu and hoavy vacation achodulaau, t3c�ginnin� July lot, the misdomoanar►t c000load woo turnead ever tea Washington County District Court, them oro Tjoitwa City ordinance violaa,tiuno which are tried as misdomo.ar►aants which will continue to bo hoard in Municipal Court . Since these violations are not awddros%od under stat© law, District and Justices courts cannot- hoar thom, Theses includes such chargou as: taamporing with it polices cion, carrying a losadod firudrm within City limits, h,arbor-irrl a runaway child, public indecency (different from state law leanguAgeo), etc. RECOM Computer index roqucsts ware up slightly, while other worklo&d indicators were down bocaauto of vome singular situations (i.o. , the move of the Community Services Oppa;rtmont; ordering of supplies for, new Fiscal Year; Dartmouth LURA filing; and extra training as noted on statistical report.) Preliminary research on micrographics was initiated. The Records Staff has begun city-wide Records Management: Committee training in micrographics to assist them in developing this element of the Records Program. The work program and equipment needs will be developed over the next few months for inclusion in the 1989-90 budget request. 3 COMMUNITY SERVICES DEPARTMENT WORK MEASURES JULY, 1988 ACCOUNTS PAYABLE: 7/87 7%188 SEWER: 7/87 X88 Accounts Payable Checks: 445 393 Sewer bills sent: out 5939 5828 Vendors 733 1098 Sewer payments 7051 5285 Check requests 249 375 Phone calls 564 461 Payroll checks 289 315 Treasurer's Roceipts 802 849 Purchase Ordera Processed 143 .210 New Customer & Add, 7 13A4 chg. and Adjusimknts OFFICE. SERVICES X*t 09 Number of W.P. work orders 467 Number of pages processed in W.P. 1960 Averac3e turn around timo per WP Work Order, a,5hr Number of Office SUPPort Work Orders 711 Number of pagos procousod in Offico tAjpF)ort 37,326 Averag o turn around timo/Offico `support Work Order 5,6hr Number of Special/On�4oln;g Offico Support Proj<<cta 211 xK Tho monnor in which wo �*ro koopinq track of Offico orvicoa ut44t:iaticu iu changing. Wo a►ro 5opora►ting thk► W�)r►i Pr w►►:r�a►ainag ut.;ai..isti� a from Offico Support . rhurufor•o, ldrot: ywwr'v totals would bo misloadiiag• e anirur�. .I/q Vin. Rocruitmonts 11 hires 8 TorminaLions 4 3 Unemplvymont Clain►s 1 0 Claims F i lad: Wor•kar' s Cornpuntat icon 1 2 7 87 �f39 Resolution% processed 109 88 Ordinances processed 45 2.0 No. of Council Meetings 2 4 No. of Hours for Meetings 8.5 19.215 Agenda Items received, reviewod and followed up on (if necessary) 53 52 Copy 'Volume for March CC Meetings 7,710 10,445 00093 4 z • F t 08/01/88 CITY OF TIGARD CLAIM STATUS REPORT LOSS DATE CLAIMANT DESCRIPTION STATUS 2/04/85 Fredric Nickel Criminal counter cplt, open (Officer tial Merrill) 03/16/85 Julie Q. Winkelman Wrongful Death pending Officer Killion 11/22/87 Russell Snyder Sower system backup into home. �1Flc'rl E:.xtonsiwo damage. r 12/11/67 Jack Norman III by father Jack Norman Sr, - oper► � Alleges City liable in traffic mishap when son struck by Marie Bernadotte Winkler in crosswalk 2/2/88 City of Tigard Stolen mularcyclo halmal open Of c, Narburj, 3/22/86 Kent R. Soida Alleges bodily harm wh►ilo beim,3 open iusued citations, Ofc. F`oiathoroton. 4/23/88 Christopher Doan Olnoy Al logos Ofe.. Nash signaled to t 1,,.O.arD w/pout 4 . move loft but moved ri;3ht cauaing 'j1,927.70 accidont. 1 5/9/08 John 0. Umudo Alloqus unlawful employment open pracLicos 7/5/80 City cif °Tigard Unknown hit city ownod traffic light open & knoc:kod out %igndls (72nd CA. ) 7/7/08 Gordon R & Gordon S. Sumnlor►s & Cnmplkint. Sovoral upon Martin chellungov. . . 5/28/88 Andrew r'roodmmn Alloged fml;ie arrest. upon lioather roililnr dct0O09s 5 1 t s t NON-STAFF RESOURCES/VOLUNTEER REPORT JULY, 1988 Y10 FY TOT CATEGORY 1986-87 1987--88 JU1„x,1988 1988-89 1988--89 % Chi Board s & Conmitteus 2601 .75 2804.25 22915 229,5 2754. _2% Voluntoar Staffing 7272 7142.25 561,25 4461,25 6735, -6% TCYS N/A 11.90 669.5 669,5 2008.5 (3 mo, only) r Community Sorvica 230T,25 IE�01 .50 108,75 ?08,7'. 2505.0 0% 0thor 264.5 dl s TOTAL., 12,525.5 12,448.0 1669, 1669, 14002.5 41A d. x d e.,00b9% 6 C_ m MEMORANDUM CITY OF TIGARD, OREGON F TO: Honorable Mayor and City Council August 11, 1986 Library Board f FROM: Library Director SUBJECT: Monthly Report, July 1988 ! 4 WCCLS UPDATE; The Structure and Governance Committee has met and is in the procoss of preparing a recommendation for a single beard to act as liaison between the WICCLS Coordinator and Professional Board and the County Board of Conus►issione3rs, At this time, the plan is to have 11 members on that board, nine of whom are chosen from the nine public libraries in the county and then two members to represent the unincorporated area of tho county. 'Thin report should be coming to the cities fairly soon for consideration by the various boards aand City Councils, The Levy Committeo that was formed from the Professional Huard has continued to meant and is continuir►g its gather information on which to base a possible roplacemont levy in March 1909 for the county—wido library cooperative. No new coordinator has boon chouen as yot, howuvor, applications hdvu been clovod dnd interviows will begin uuean. REGIONAL ISSUES; As montionad in the June report, Sonaator Otto'v task force i for studying regional issues was schodulud for a mooting can July 22. However, that n►arating has boner► delmyod and will be ruuchodulod in Soptumbar, The WCCL$ Profasuional tic►ird plans to have a roprosentativo at that meeting to Mondor any issues that concern regional library servica, POUGL(t)Chtf taRAC'f CUM; Rozolla► Van Meier, who is studying At. Portlaand State Univarsity (PSU) on hear modiaa spacialiat cprtificaLo, (lid har 60 hour praacticum at thea Tigard Public Library. During this time she was given orientation and training in various aspects of public library services. Van Motor will boa the new media► specialist at ruwler Junior 14igh School this coming year, woRK Room FURNITURE; The work room furniture was installod by Cnvir netics ,snd this has provided more spaco and creatod threu raxtra working areaau for volunteers and staff. The room is still crowded, however, employees arae oxpressing saat•ivfaction with the improved work area. JAPANESE STUDENT TOUR. On July 26 approximately 15 high school students from Japan toured the library with Librarian George Anne Miller. They were given a complete tour of the facility with explanations on how an American library is organized and then a demonstration of WILT, the Computerized circulation and catalog system. Memo to Honorable Mayor, City Council and Library Board Page 2 August 12, 1988 VOLUNTEERS: Thirty—three regular volunteers worked 359.75 hours. if hours daily average. Youth Service volunteers 6. 20,5 hours, Community Service 1. 9,25 hours, Library Board 5, 10 hours, YOUTH SERVICES: Six hundred children registered for the summer reading program in either the reader or the pre--reader programs. Attendance at weekly special evonts has remained fairly consistent, with children who have registered showing up. We are continuing to get complaints about lack of space in these programs. Programs for July included, besides regular story times, a program on crime prevention, an Audubon show about birds, a clown show, and puzzle day, A tour for student librarians from Portland State University was also conducted. It was a fairly intensive two hour tour with amphasis on than WILT circulation and catalogue system. Werk indicators: July lose July 1997 July 398§ Adult Materials 10,372 9,709 8,211 Juvenile Materials 7,278 7,442 7,099 Total 17,650 16,551 15,220 Days of Sorvice 22.5 23.0 2.6,0 tverago Uaily Circulation 784.4 683.7 585.0 Hours of Service 205.5 212.0 226.0 Maatorials Circulated Per Hour 85.8 74.2 6713 Incroase in Circulation 6.6% 8,7% 56,0% Materials Addad/Withdraawn 612N/53 778/19 444/6 Borrowers Registtared 290.0 566.0 565.0 Storytima (no. of sessions) 290 (12) 215 (15) 2.72 (10) Toddler Time (no. of scassions) N/A NIA N/A Spacial Children's Program (no, of sessions) 355 (4) 252 (5) 240 (7) Personal Computer Usars 179.0 N/A N/A reps/rines Collected $952.35 $688.88 N/A Gifts Received $13.17 $53,51 N/A e 250 donated items cs/64090 .r MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor, Council d TCA August 16, 1966 FROM, Chief of Police �4 SURJECI : Police Department Monthly Report, June 1966 The Patrol Division has continued its high visibility patrol effort to combat crime and accident rates, The effort appears to be having a supprenssing affect on robbery and burglary rates. Individual productivity continueas to be high, DU11 carreuts aro up 6bO Percent over last year. Crimimal arrests are op 160 percent ovor last year. whi to total hours worked is up 121 porcont ovor last year, Officor, Sheila aackson tlraduatod from tho W*Uic: Police Acadomy . She dict well acadomicolly and wort the physical f11 ouv award, brooking sovoral crccadomy records doing ao, Sho is tho socund remold in tho hiatc►ry of the acaJomy to win the physical fitnoss award +*nd tho uocond fomAlo officer. from Tigard winning tho award. 'Tho school resource officvrs have comploted tho school year and have boon a ouignod to a walk—and—talk program for tho aummor. -They ar,u visiting cos many homes in 1 igard sea pussiblo, making contact with residontu to promote r►eighborhood watch sand to exchanger informact:iun about concerns. T continues to bo actively involuod in the plannin,j for the ]ACP Conforenco in Octobor. Tho Dotoctivo Diviaic►r► inveatigerted Bend cls?arrA an ormod robbory that starts►d ecu as burglary eines turned into a robbory whoa tho home owr►or roturnod ar►d we►u confruntod by the burglar, I'ho Diviainn invoutigated 44 Colony cauoa and cloarod JO c►f thom, ht/65470 MEMORANDUM 1 CITY OF TIGARD, OREGON TO: Honorable Mayer, City Council and August 184 1985 Interim City Administrator FROM: David C, Lehr, Chief of Police SUBJECT: July 1988 Police Uepartment Report Major activities for tho Police Departnivnt in July included the second annual City Fourth of July colebration, The Police Department providad security for the event, A 9-9 demonstration was put on to vducote and entertain the crowd, It is tjonorall� perceived by the Fourth of July Committee that this year's event was ra hue3v succous, the crowd was uubstontially largor thin yoar, There were f ow problems. Tho s(rcond major event for the Departmont in July wAs Cruiuin' ligeard, Iho ovont went wall with no si<jnific;e(nt probloms during the day, The parvido, downtown ovonts, void donco roquirod the use? of uworn and rouorvo offivvru, The dance goner-Atod two noise complaints. Ano of thoso doclinod to purnua the complaint on loar•n,inq the origin of tha muni(:, lhoro w+ro two Mllorce-tionu at the dance that worry quickly subduod, High visibility patrol continued in July, Crimo rates remain down. Tho Dotoctiva Division was assignod 72 criniineal cnsos for invostigation arid cloarud 33 cotas, lho CROs or@ wall into the walk arid talk program, having contr►ctod ovor f)OO rasidtnta, Thoy roport a vary poult.ivo rusponno from cit tons contekctod, I continue my particip.Ation in tho planning of tho IACD Confureri ;e. ce/655OD MD'URANDUM C� CITY OF TIGARL, OREGON TD: City Council A c/�'" August 12, 1988 FROM: Alice Carrick Support Service ger SU JB T: 1988 Police Auction !Me 1988 annual Tigard police auction was held on 7-23-88. included in this auction were items of city surplus property. Breakdown of Sam is as follows: Total Cross Proceeds: $4,635.00 E*enditUr€a's: Auctioneer Fee - 234.18 Publication in Tigard Tims - 591.30 TOTAL NET AMOtJtdl': $3,809.52 Of tt)e total am=t, city surplus property totaled $413.00 r. ( 4 i CITY OF TIGARD� OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 22, 1968 DATE. SUBMIT-TED: August 11, 1988. ISSUEIAGENDA TITLE: Cit Center PREVIOUS ACTION: LCRB Approval of RFP Financial Consultant Appropriation on Ju1y__11 1988 � PREPARED wavne Lowrv/Liz Newton :C DEPT HEAD OK -CITY ADMIN OK REQULS'IED By-. Cit Ctr Plan Task Farce .,_..__...._..._....�._.___ _ �.�_...._.._._____._._..-.._ POLICY ISSUE Shall the Tigard City Council appropriate contingency to fund a contract for the City Center finance Study? On July 11, 1988, the ligard City Council acting as the Local Cont,roct Review Sward, opprovod a regwast for proposal for A financial study of tho City Center arca. jj-ij,eo consultinA1 firms roupundod to the proposal and ward intorviowod by a panol of City staff. The throo proposals were as follows: john C. Sppncor $19,13'40 Maps, Broith;aupt; & Asaoe, $19,300 pattorson, ;;,nidor, and 1 tvwart $34,260 611 RNAI1 Vt.t.C1,ON J 01 R1-0 3 . Approva attn►c:ho(j resolution tt) apprcipriaj,.* contintjuncy in Oho amount; of $19,31301 to fund the contract with tho 0014-Wt0d cpnauli"t:, 2. Do nothing. , ��,rAt�,7.MPA1�r Appropriatats corit:ingonc:y funds in tho ,Amount Of $19,3110, _..,......._._....._............._W,....__.._...,.. ...._._.._..�____.�y.__._._.W_...::Ut1G(a.'"iTEn ACTION Staff recommer►do Council approve attached resolution to appropriate contingency in tho amount of $19,380 to fund the contract with the selected consultant. br/'64100 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF; August 22, 1988 DATE SUBMITIED: August 3, 1988 ISSUE/AGENDA TITLE: Senior Center PREVIOUS ACTION: Resolution 88--63 CDBG Revenue Recognition and Signing of Agreement Expenditure Appropriation , PREPARED BY: Wayne Lowry OV DEPT HEAD OK CITY ADMIN OKr I REQUESTED BY: POLICY ISSUE Shall the Tigard City Council create the budget authority to fund in►provemer►ts to the Tigard Senior Center anti recognize grant revenue from the Community Development Block Grant program. INFORMATION SUMMARY T'he City of Tigard Budgut Coi►uui.tteu, at it-s March 29, 1988 mouting, diu ussud the proposed Senior Cont.or remodel and votod to provide City matchina3 funds in tho amount of $20,600 by opprupri gat ion of $11,6110 In Gorwr gal CI P and, at the request of 4.ho Senior Contor board, by reducing the City's funding of tho Senior Centor by $3,000 por• yo"?, for tho nont thr,,na yoara. The proposed pro j oct was submitted to the COUG progr4m and as graar►t of $06,213 was dwarviod, Local budget laaw allows tho uocpe.+ruiit.uro of grrurit funds traanafaarrod Lo a municipal corporation for spocific+ purponers by tho ajppr,oval of is rosolution of tho govorning body. The at.tachud r,c�uulution fulfills t,!►4at r,eayuireNmunt nand wpprupriatos thra additional $9,000 as is p,*r�t of thea City's u►a►tch, -it should bo nutod that additional coats MAY bo incurred in thp of thy+ r•aamp ,and tho h04atin(. and cooling tubovu Such cuxts haava na.)t yext boon %k1-)propr t*tod .And oArea not included in the revolution, AGTQNATIVE i;ON +SOI Ra. 1, Approve thea gttrrched rosolutioti to '-Vc09hiz0 thea graant. Funds Arid to appropriate the romaining portion of t.ho C;i.ty'% 1114tch, 2. Do nothing F'j-,*CAL IMPACT 1. Reduces Goneral Fund contingency by $9,000, Rocogni/n% rgvenue from CUBG of $86,213 arid aapproprioteau $95,213 for rovAel project, 2, N/A ...._.__..�...� _....�.._ _..__._.._._ SUGGE57E.D ACTION 1. Staff recommends approval of attached resolution, cn/6311D CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUtYiARY AGENDA OF': August 22, 1988 DATE, SUBMITTED: Au,.yust 11. 1988 ISSUE;/AGENDA TITLE: City Center PREVIOUS ACTION: On City Centler Plan Financial Plan Contract work program received by Council 6/13/88 ;--fes_ PREPARED BY: Elizabeth Newton r~-00 . DEPT HEAD CITY ADMIN O'till!'_.... REQUESTED BY. Cid Ctr. Flan Task force .._�..�.._._.,..._.__�_ POLICY ISSUE Should the City Council award a contract: for preparation of the City Center Financial Plan? INFORMATION SUMMARY On duly 11, 1988, the City Council ,Authorized rc:lease of the Request F'or Proposals for the City Cont:ear Financial Plan, Threw firms ro%iponded and worea intoviuwed by a panel cf city staff, Althou'ih all three finalists exhibited strong qualification% staff was particularly improssod with Mouro Broithaupt ?Anel Asaociat.u's depth of financial taackground complimontod with thea tslx incronront plan praparation 0xp0r•iQncQ of Thea 4onkundorf Assuciatou, In additior► Rob Mooro's background otj C.it.y Q'kanfu3or in nilum provideaa frim they diroc:t oxporionco in dualinq with pulalic hoearirals and proscsnt.ations. A copy of tho contract and scope: of work 16 att:rachod 1 . Award tho contract to Moura Broithaupt b Aasociart,c►u, 2, Direct scoff nest to procPod with thu study, 1. Modify tho Contract, i ;AL, I.Mt)ACT J'hN amount of the contract is 19,3WOO. Thtxt amount should bo uppropriood from contingency prior to contrract aawa►rrl, Motion to approve the contract with Moore Oreithaupt & Associates, br/6426D -+ CITY OF TIGARD. OREGON J E CONTRACT FOR PERSONAL SERVICES CONTRACT TITLE: CITY CENTER FINANCIAL PLAN CONTRACT NO This Contract, made and entered into this 22nd day of August, 1988, by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and (full name and address of person or firm): Moore Sreithau t S Associates. 147 Commercial Street NE Salem OR 97301 hereinafter called "Contractor duly authorized to perform such services in Oregon. W I T N E S S E T H; WHEREAS, the City requires services which Contractor is capable of providing, under terms and conditions hereinafter described: and WHEREAS, Contractor is able and prepared to provide such services as City duos hereinafter require, under those termx and conditions set forth, now, therefore, IN CONSIDUATION of those mutual promiios and the terms and conditions set forth hereafter, the parties ogroo as follows: 1, Erma act Description, Contractor's services under this Agrooment shall con*ist of the following; . a. Contractor shall purfurm pursunal services, as outlined in the project proposal dated the 2a day of duly 1986, and the letter from Robert S. Moore, datod August 8, 1868, copi.os of which area attached huruto and incorporated heroin by referonc+e, The project for which servicos are to be pr•ovidad is known as CITY CENTER FINANCIAL PLAN, 2, -qom Qn**,t ,a,p A. The City agroes to pay Contractor ;_..X9.18Qfor performance of these services provided h®rein, which payment shall be basad upon tho followitKl applicable torms: 1, A nchodule of paiymonts, as follows: The controctor will submit billings monthly for payment which will include► a breakdown of axpeanseas incurred and a listing of the number of hour,% and rates for +Hach individual who has performed work on the contract during they billing period. CONTRACT FOR PERSONAL SERVICES — CITY CENTER FINANCIAL PLAN — PAGE i 2. City will withhold 5 percent of each monthly payment with the retained amounts to be paid to the contractor upon satisfactory completion of the project. s- 3. Payment by the City shall release the City from any further obligation for payment to Contractor for service or services performed or expenses incurred as of the date of the statement of services. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. 4. City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 3, Contractor Identification Contractor shall furnish to the City the Contractor's employer identification number, as designated by the Internal Revenue Service, or Contractor's Social Security number, as City deems applicable. 4, City's Reeresentative For purposes hereof, the City's authorized representative will be Elizabeth Newton, Senior Planner, 13125 SW Nall Blvd., P.O. Box 23397, Tigard, Oregon 97223; (503) 639-4171, 5, Contractor's Representative For purposes hereof, the Contractor's authorieead rapresonta►tivea will be Robert S .Moore, Moore p reithaue& & Associates, 147 Commercial St NCI Salem, Oregon 97301 , fey G. CitIlp O1Q2a : ons. In order to facilitate the work of the Contractor as above outlined, the City shall furnish to the Contractor access to all existing information which is ir► the City's possession concerning the location of seawor and waiter linos and rather utilities or structurae► which affect the alternatives. In addition, the City shall provide all opplieAbl@ maps grid data and relevant Comprahensivea Plan policies. 7. Contractor Xs Tndoxaerr►dranx e; ,_Act A, Contractor's services shall be provided under the general Supervision of City's project; director or his or heir dosigne►e, but Contractor shall be an independent contractor for all purposeas and shall be entitled to no compensation other than the compeansotion provided for umder paragraph 2 of this Agreement, 0. In the event; Contractor is to perform the services described in this Agreement without the assistance of others, Contractor hereby a►gr0@s to file a joint declaration with City to the effect that Contractor's services are those of an independent contractor, as provided under Chapter 864 Oregon Laws 1979. CONTRACT FOR PERSONAL SERVICES — CITY CENTER FINANCIAL PLAN -- PAGE 2 C. Contractor acknowledges that for all purposes related to this agreement, Contractor is and shall be deemed to be an independent contractor and not an employee of City, shall not be entitled to benefits of any kind to which an employee of the City is entitled and shall be solely responsible for all payments and taxes required by law, and furthermore in the event that Contractor is found by a court of law or an administrative agency to be an employee of the City for any purpose. City shall be entitled to offset compensation due to demand repayment of any amounts paid to Contractor under the terms of the agreement, to the full extent of any benefits or other renumeration Contractor receives (from City or third party) as as result of said finding and to the full extent of any payments that City is required to make (to Contractor or to a third party) as a result of said finding. D, The undersigned Contractor hereby represents that no employee of the City of Tigard, or any partnership or corporation in which a City employoe has an interest, has or will receive any remuneration of any description from the Contractor, either directly or indirectly. in connection with the letting or performance of this contract, except as specifically declared in writing. �, S beta c�,ntracta Aasialnmant & Uele,ation A. Contractor shall use the subcontractors as indicated in the letter submitted dated August 8i* 1906, and Contractor shall be fully responsible for the acts or omissions of any subcontractors and of all persons omployed by them, and noithor the approval by City of any subcontractor nor anything contained herein shall be doomed to croato arty contractual relation between tho subcontractor and City, B. This iagreemont, and all of the covenants and conditions huroof, shall ho inuro to the bonefit of and be binding upon the City end for Contractor respoctivoly and their legal representatives. Contractor shall not assign arty rights nor delegate any duties incurred by this contract, or any part hereof without tho writton consent of cityand any assignmont or de ogation in violation hereof shall bo void, Nodical_i?�►►, nnrlk The Contractor agrees to pay promptly as due, to arty parson, copartnorship, association or corporation furnishing modicral, surgical, ar►d hospital care or other, nc►edcd cara and attention incident to sickness or injury to tho Contractor's employee$, all sums which the Contractor agrood to pay for such sorvicoo and all monies and sums which the Contractor colloct@d or deducted from employee watgas pursuant to any law, contract or agreement for providing or paying for such servica. 14, gorl er•min+st sof! A. This Agreement may bo terminated without cause prior to the expiration of the agreod upon term by mutual written consent of the parties and for the following reasons authorized by ORS 279,326. PAGE 3 CONTRACT FOR PERSONAL SERVICES CITY CENTER FINANCIAL PLAN — t a • 1. If work under the Contract is suspended by ar, order of a public agency for any reason considered to be in the public interest other than by a labor dispute or by reason of any third party judicial proceeding relating to the work other than a suite or ' action filed in regard to a labor dispute; or 2. If the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the Contract. Q, Payment of Contractor shall be as provided by ORS 279.330 and shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Contractor against City under this Agreement. C, Termination under any provision of this paragraph shall not affect any right. obligation, or liability of Contractor or City which accrued prior to such termination, li. Cancellation for Cause City may cancel all or any part of this Contract if Contractor brea6os any of the terms hereof or in the ovont of any of the following; Insolvency of Contractor; voluntary or involuntary petition in bankruptcy by or against Contractor; appointment of a receiver or trustoe for Contractor, or an mvignmont for bonofit of creditors of Contractor, Damages for breach shall be thuso allowed by Oregon law, reasonable and necessary attorney's foes, and othor costa of litigation at trial and upon appeal, 12, Access to Rasards City shall have access to such books, documents, papers and rocords of Contractor as are directly partinunt to this Agreament for the purpova of making audit, oxomintAtion, oxcerpts and t:riAnscripts, i A, 1:2ES t Ma i eurg Neither City nor Contoctor shah bo considered in default boeau%o sof any del*ys in completion of rayponsibilitio# haroundor due to eausos bayoM the control and without fault or nagligomco on the part sof the party so disunablod, including, but not restricted to, on act of God or of a public anomy, volcano, earthquake, fir@, flood, opidQmic, quarantine, restriction, aroa—wide stri.k@, fraight omba►rgo, unusually savors woathar or delay of subcontractor or suppliors due to such couso; providod that the p.srty so divonablod shall within ton (1.0) days from the beginning of such delay notify the otter party in writing of the ca►us@i of delay and its probably extent. Guch notification shall not be the basis ror a balm for additional compensation. CONTRACT FOR PERSONAL SERVYCC.'-V CITY CENTER FINANCIAL PLAN = PAGE 4 ,t 14. Nonwaiver The failure of the City to insist upon or enforce strict performance by Contractor of any of the terms of this contract or to exercise any rights hereunder shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon such terms or rights on any future occasion. 15, Warranties All work shall be guaranteed by the Contractor for a period of one year after the date of final acceptance of the work by the Owner. Contractor warrants that all practices and procedures, workmanship and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefor shall relieve Contractor from liability under warranties contained in or implied by this contract. i 16, Attorney's Fees In case suit or action is instituted to enforce the provisions of this i contract, the partios agree that the losing parry shall pay such sum as the Court may adjudge reasonable attorney's fees and court costs including attorney's fees and court costs on appeal to appellate courts. ; M Applicable Law This contract will be governed by the laws of the State of Oregon, t 18, C2nfUct Beetwoon Tar!U It, is further expressly agrood by and between the parties hereto that should there be any conflict between the toms of this instrurnont and the proposal of the contractor, this instrument shall control and nothing � heroin shall bo eonsidearad as an acceptance of the said terms of void propossl conflicting horowith, 19. 10#n►Bj J-- Contractor agroos to indon►nify &nd to hold harmless the City, its Offices, Employoav and Agonts eegainvt and from aeny and all loss, claims, acticros, suits, including costs and attorney's foes, for or on account of injury, bodily or othurwiso, to, or death of pQrsoms, damaegee to or destruction of propearty belonging to City, Contractor or others, resulting from arising but of, or in any way conneected with Contractor's sola naglig®ncee. CONTRACT FOR PERSONAL SERVICES — CITY CENTER FINANCIAL PLAN _ PACE 5 ► •� 20. Complete Agreement This contract and any referenced attachments constitute the complete agreement between he City and Contractor and supersedes all prior written �- or oral discussions or agreements. IN WITNESS WHEREOF, the City has caused this agrees o it to be executed by its duly authorized undersigned officer. acting pursuant to motion by the City Council, duly passed at the Regular Meeting held on the 22nd day of August 1988, and the contractor has executed this agreement on the date herein above first written. CITY (DF IG 3 �S By %'. f C'm e- Data or Ry ~N �Deputy City Recorder CONTRACTOR By Date 'title br/6414D i. CONTRACT FOR PERSONAL SERVICES -- CITY CENTER FINANCIAL PLAN PAGE 6 MBA MOORE BRE1THAUPT &ASSOCIATES 147 Commercial 73 N.E. Public Finance/Management/Policy Consultants Salem,Oregon 97301 S03/364-9325 July 25, 1988 Eftabeth Newton City of Tigard 13125 SW H39 Blvd. Tigard, OR 97223 Re; BMF22:ql jnr pinanclAl elan Dear Ms. Newton, Enclosed is an original and five copies of our proposal for financial work on the City Center Renewal Area. Wo loos: forward to working with you and your fellow staff members in developing a quality renewal plan for Tigard. We hops you find our proposal responsive and our concluding cornmonts helpful, Sincerely, / r*- Robert S. Moore RSM/ms Enclosure: Proposal (6) f f ?1 t PROPOSAL TO PROVIDE FINANCIAL PLANNING SERVICES TO THE CITY OF TIGARD The following proposal is written in response to the City of Tigard Request For Proposals dated July 8, 1988, The proposal is organized to conform to the outline of "SUBMITTAL REQUIRE- MENTS" numbered 1, through V. in the Request. Moore Breithaupt &Associates I. TEAM MEMBERS AND THEIR INVOLVEMENT Breif biographical Summaries are included at the end of this proposal for the two prinpais of Moore Breithaupt & Associates who will both work on this project. In addition, the firm's Research Assistant, Ms. Suzanne Colwell, a 1988 graduate Magna Cum Laude from Willamette University with a major in economics will be used on specifec research and data entry tasks. The approximate division of time for this project is estimated as follows: Robert Moore 110 hoursQ $75/hr. R$8,250 James Breithaupt 50 hours& $75/hr. =$3,750 Suanne Colwell 40 hours& $17/hr. = S68Q Personnel Total $12,680 Other Expenses - Preparation of report in camera ready form Total Estimated Cost $12,980 Moore Breithaupt &Associates ` 11. & IV. HOW WE WILL PROCEED WITH THE WORK AND OUR SCOPE OF WORK, (ten steps to urban renewal success) 1. Meet with staff to obtain full background on project and familiarize ourselves with the renewal area and activities. Staff may be asked to provide a walking tour of area. In addition to obtaining both insight and data, we will also establish the dates for one or two meetings with the Task Force at this time and schedule the initial meeting with staff and all other participating consultants. We will also discuss with staff the possible scheduling of briefings with the County Commission and affected School District Board(s), 2. Hn;d initial planning meeting with other consultants and City staff to Identify data needs and sources, clarify responsibilities and develop timetable of events for all participants leading to the completion of the Plan and Report prior to the November target mentioned in the RFP, 3. Gather and analyze financial and economic data required to project tax increment revenues and to project real, personal property and centrally assessed values ire the area. Projections will be based on historical trends and patterns and probable effects of future development activity occurring within the area. d. Gather and analyze financial data for projection of the impact of tax increment usj on other taxing jurisdictions. The projections are based on historical tax rates and valuations of each overlapping district and interviews with district officials on frintr and trends affecting each district's future valuation and tax rate, e.g. annex- titions, bond issues, tax base votes, etc. 5. Devalop a list of necessary and desired projects and activities with their cost and tinning. Develop list through periodic work sessions with staff and other Involved consultants. G. Develop matrix of necessary and desired projects and activities and possiblo funding sources for each. Not©: the classification of 'private activity' bonds and 'public purposa' bonds will be tontativoly made at this point for those pro/acts and activities to be financed with tax increment capital borrowing (ss opposed to othar forms of debt), When the list of necessary and desired public Improvements projects and other rcnewai activities is developed, we will identify possible sources of funding from ..along local, state, federal and private sources. After review and discussion with City management, we will recommend the most likely and realistic funding source(s) for each approved project or program. From experience with many other cities, we know and thoroughly understand the array of local funding mechanisms used by Oregon cities and renewal agencies. We also have an t 2 Moore Breithaupt &Associates excellent understanding of applicable state and federal grant and loan programs that cai and should be requested to assist in funding all or parts of the identified projects and activities. Such sources include E.D.A., community Development Block Grants, State Lottery funds, State D.O.T. funding, D.E.Q., Dept. of Energy, etc. We would, after obtaining additional information about Tigard's specific finances and policies, be in a position to recommend which of these revenue sources should be used (and to what degree) in paying for identified projects and activities. 7. Duvelop a timetable and cost estimates for all projects and activities by project, phases and/or years in collaboration with staff and other involved consultants. When establishing the cost estimates for each project, we will identify preliminary coat estimates for any land acquisition and associated relocation costs. All costs avill reflect inflation and be geared to the period during which the activity is undertaken. S. We will develop a "final" list of projects and activities with recommended funding sources and the timing of funding, Based on the most likely development sconario, estimates of the timing and amount of any land resold for development, rAncl other factors, we can then project the cash flow of tax increment, land sale proceods and any other project-driven revenue sources. The cash flow projection usually results In the need to modify either the project list, or the timing of development, and another iteration of these steps Is taken. B. Wo will communicate with staff and others in a variety of ways. Although not a ;wpznrnto work element. Itself, we believe good communication to be especially ci i6cai to the success of the City's effort, We will work closely with Involved City staff so that they are aware of what steps in the process we have done and those which are coming. We will stay In closes communication with staff on all policy and technical Issues as they arise. it Is important that the members of the City Center Task Force be kept abreast of progross In developing the financial plan. They should understand exactly what is going on, the reasoning behind recommendations for use of one financing approach versus another, and how the budget for accomplishing the plan fits together, Individual members, thus informed, can make valid contributions as the financial plan develops. They can become a ream part of the outcome. We have experienced considerable success in clearly explaining tax increment financing grid municipal budgeting generally. We can do that again in Tigard. It I- equally important that City Council members and the public attending hearings receive clear, concise explanations of the subjects we are involved in. We have a proven record In being able to accomplish this goal. 3 Moore Breithaupt &Associates Wa also want to stress the importance of the informed contacts that will take place with the news media throughout the period. We can and will be able to help the media understand not only technical processes but the conceptual framework of the renewal approach in which specific plans develop. 10, t'a'ct will meet all other required financial analysis components of the Plan and Report, including: Projections of total amount of Money required, including the amounts and uses of tax increment revenues, The financial feasibility of the plan; Projected fiscal impact on overlapping taxing districts during and Immediately after completion of the project; and The date for completing Project activities and the date for unfreezing the Incremental value for use by all districts and date by which indebtedness will be retired. CE 4 Moore Breithaupt &Associates II1. PRIOR EXPERIENCE & REFERENCES Prior to becoming a principal with Moore Breithaupt & Associates, Inc., Mr. Moore was involved with three urban renewal programs in Salem. Two were commercial redevelopment, and one was primarily replacement of a blighted ,ndustrial area with a public park, public parking and office development. Since 1980, both principal of Moore Breithaupt & Associates, Inc. have worked on the following renewal projects: Portland Development Commission Financial Analysis, South Waterfront Project t nd Marketing of $10 million Series D Tax Increment Bond Issue Contact: Chris Kopca, Project Coordinator S,41em Renewal Agency Financial Analysis for Fairview industrial Park Finxicial Analysis for Plan and Report - Fairview Renewal Area Contact: Dick Hayden, Renewal Director 588-6011 Euoune Renewal Agency Financial Analysis for Renewal Report - Central Eugene Area Development of Computer Financial Models for Renewal Analysis Contact: Bob Hibschman, Renewal DirWor, 687.5443 Ni0v;aukie Redevelopment Agency Pr;-partition of Financial Components - Renewal Plan and Report Contact: Bill Adams, Planning Director 659.5171 CIf uz,ham, City of Preparation of Financial Components - Renewal Plan and Report C;unteket: Diane Jones, Asst. City Manager 661.3000 Springfiel, City of Financial Analysis Components - Renewal plan and Report Contact: John Tamulonis, Planner 726-3656 Waldport, City of Preparation of Financial Components - Renewal Plan and Report Contact: Al Benkendorf, Consultant Planner 226.0)8 Medford, City of (Ir, Process t+rii Ancial Analysis Components - Renewal Plan and Report Contact: Lyle Stewart, consultant Planner 772-5203 Clackamas County Redevelopment Agency 5 Moore Breithaupt &Associates FinanciZi Advisor on Sale of all their Tax Increment Bonds (two issues) Contact: David Seigneur, Exec. Director 655-8521 Madon County Financial Analysis of Renewal Feasibility Contact: Robert Hansen, Public Works Director 588-5036 Seaside, City of Financial Advisor Sale of all their Tax Increment Bonds (three issues) Contact: Larry Lehman, City Manager 738-5511 Lake Oswego, City of Financial Analysls for Renewal Report Contact: Karen Scott, Asst. City Manger 635-0270 6 Moore Breithaupt &Associates V. FEE The "not to exceed fee" for accomplishing the scope of work, as set forth in ss:.tions 11 and IV of this proposal, is $12,980. Work will be billed on a monthly basis reflecting hours spent. Billing will be at the rate of $75/hour for the two principals and $17/hour for research assistant. Based on the information presented in the Request For Proposal and our discussion of the total project, its other elements and staff capabilities with Ms. Newton, we believe our proposal is responsive to what Tigard needs. We have planned to spend more time than on past projects developing the "list of projects and activities" that will be required to accomplish the plan goals.This reflects the fact that there will be several consultants working on design, park plans, and traffic/transportation elements, all at the same time. This will require a greater need for coordination, data sharing, and integration than is usually required. 1'he fact that there is no single supervising planning firm that is specifically assigned this role might create some problems and /or time delays, if the City staff recognizes this and does assume the rola of strong coordinator and acts quickly to Identify gaps in what Is needed to prepare a Plan and Report that cornplies with State requirements, then our estimate of the time and effort required to accomplish the financial elements of the project is adequate. However, as the project develops, it is possible that the City will find that the strong coordinating and Integrating role roquired by the situation stretches City stall too thinly. We are prepared to step up the scope and intensity of our own ru�;,cncibilitiQs, since we are not strangers to playing a stronger role to Assure ti re proper outcome from such a situation. In addition to our own resources, wo can call on the strong planning resources of The Benkendorf Associates, urban renewal planners from Portland. We have worked with this firm on a nt.mbor of urban renewal plans and reports and have full confidence In their ability, Any such change In our role and scope of work could be written as an amendment to our contract or as a separat© ongagarn©nt. It +rill not be necessary to deviate from the scope of work or cost quote we have givcn in this proposal If all goes as expected. We raise this possible to solution oniy to insure that the City is able to meet Its goal of having a good quality Plan ;and Report to the Council by November. We wo not strangers to playing a strong role in assuring the proper outcome from such a situation. 7 Moore Breithaupt &Associates MBA MOORE BREITHAUPT &ASSOCIATES 147 Commercial St.N.E. Public Financefmanagement/Policy Consultants Salem,Oregon 97301 5031364-9326 August 8, 1988 ftD City of Tigard a Attn; Ms. Elizabeth Nein AUG I0 1986 � Planning Ie�t 131.25 SW Hall Blvd. CITY OF TIGARD Tigard, OR 97223 PLANNING DEpr Re: Urban Reneval Plan Dear M. Newton: This latter will confirm our teleptrm =wersation of last week in which we discussed what additional work was needed to complete an urban renewal plan for t'1i3 City Conter Study Area. This contains our prx po al to coordinate this work and to prepara an urban renewal plan and report which meets the requiraTents of Stets Law. As such it is an addes>dunl to our proposal of July 25 for the financial components of the project. MoDz'e Brreithaupt & Associates, Inc. proposos to present the city with an urban renewal plan and report in camera-ready form for reproduction by the City. In reaching this end product we chali urdertako tho followi.-vj: 1) caccoiplis h all work as sot forth in our proposal of July 25; 2) identify spocifi.c additional data and work noodod to oonplete all other conpomits of the plan and report; 3) work clossly with City PlaYUM staff sand other involved consultants to insuro completonoas of all taask:3 necassaay to till gaga in the plan or 4) propane and proem a draft plan and report for reviow by City aataff and the City Cooter Study Areal Tank Force. With the bcanefitr of caamlanto W d suggoations from auch a review, proparo and prevent the final plan & Roport to t1ky Tank Pony, Plwrtin3 L%mnicaion and City LX-A=,il. 5) accomplish tbaso atdditimal tasty for a foe of $6,400. This foes covers U)o castimatod. additional time of principals of Mooren Br©ithaupt G Associates, approximately 40 hours of participation and aid from Mr. Al Bankandorf, pl.annor and prosident of The Benktrldorf Associates, plus; costa of document preparation. Thia proposal is predicated on our underatalnding of the City's Com itment to work with use In this; effort. Your participation in asamlbllM cortain public works data, preparing maps and making data available for our use is critical to completion of our work within the timQframe that leads to a May election. Wo vary much look forward to working on this project and its ocritibuting to the development of this most impnrtwit area of Tigard. f sincerely, Q l RJ Robert S. Moore E i RSM/mb t BACKGROUND OF PRINCIPALS Robert S. i• oom Mr. INloore is a specialist in public finance and administration with more than thirty years of )piic J experience in both fields. Air. Moore received his Masters Degree in Public Administration from the Maxwell Scliool i►t Syracuse University. He received his Bachelor's Degree in Political Science from We.le�;u� 1,lraiversity. He served as Finance Officer in East Cleveland, Ohio and in Salem Ore;-on. Iie also served as Assistant to the City Manager of East Cleveland and as City Manager of Salem for ten years. He is experienced in virtually all phases of public finance: ;►nd urban management. Mr, ,° ioore has been involved in departmental reorganizations, development of comprelhcnsive plans, program evaluations, preparation of annual and capital budgets, short ami long-term financing, development of major urban renewal and neighborhood rchabiliu►tion projects, recruitment of key executives, organizational development, signifimmt ridden participation programs and programs of regional intergovernmental cooper:►tion, Since 1979 he has consulted with more than 50 public clients ran a broad scope of management and financial assignments, Mr. ,Moore bras served as u guest lecturer at Willamette University; is a past president of thu Oregon Cllapter of the International City Management Association and the Amorican Socicty of Public Administration; and was a League of Oregon Cities Executive Board ii,vmbcr for three years, bilges I.. nreithaupt Mr, 1,►sithatipt is u specialist in public policy research, lie has over twenty years exiVrik,no, throughout the country and has served local, state, and federal levels of its well :ts the private sector In a variety of positions, Mr, Brehhaupt received his lvl'I+tc'f:i Degree in Regional Planning from the University of North Carolina at Chapcl ]gill and h1h Bacheloefi Degree In Public Affairs from the University of Oregon. Mr, Ilicithatipt has taught Comprehensive State Planning at V.P.I. State University in Y31acl;�l;lri; Vir; The BENKENDORF ASSOCIATES Corporation AL BBNHRNDORF, AICP Specializing in: o Urban Renewal o Facility Siting a Site Planning Urban Renewal a Mllwaukie Renewal Plan and Report, Milwaukle, Oregon o Gresham Redevelopment Plan and Report Gresham, Oregon o Fairview Renewal flan and Report, Salem Oregon o South Downtown Waterfront Redevelopment Strategy, Portland, Oregon o North bank hoist Development Strategy, Boise, Idaho o Greenway Redevelopment Project, Salam, Oregon Facility Siting o Clackamas County Conference Center, Multiple Site Rvaluation o Federal Prison Siting, Sheridan and Polk County, Oregon o DREG Regional Landfill Siting, Clackamas, Washington, and Multnomah Countles o Columbia River Deep Draft Shipping Study flit© Planning o Master Plan for 000-sera Forest Dark Instate, a 2,100-unit Residential Planned Unit Development, Portland, Orogon o Master Plen for Waterhouse South Mixed- Use Development, Beaverton, Oregon o Development Plan for 500-acre Resi- dential Planned Unit Development, Newberg, Oregon o Fairview Industrial Park Matter Plan, Salem, Oregon Professional Background: Founded Benkendorf be Assoclates, 1975 Former Director of Planning, Port of Portland Administrative Vice-President of ROMA, San Francisco Planning and Architec- turn] Firm 522 Southwest Fifth Avenue,Portland,Oregon 97204 (503)226-0068 Academic Background: Michigan State University, S.S. Urban Planning and Landscape Architecture, 1964 University of Pennsylvania, Graduate Study in Urban Planning, 1967 Professional Memberships: American Society of Consulting Planners, Current Board Member, Past National Board President Association of Oregon Redevelopment Agencies, Chart Member American Institute of Certified Planners American Planning Association Publications: "Planning for Successful Waterfront Re- newsl," published by the Urban Land In- stitute and the Portland Magazine, 1981 "Permits Speeded Up; published by the 1985 Industrial Business Parks Guide "Day Care Regulations Need Updating," Oregon Chapter Magazine, American Plan- ning Association, 1985 f CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY - Local Contract Review Board AGENDA OF: August 22, 1968 DAIE: SUBMIIIE'D: Au ust 12, 1986 ISSUE/AGENDA TITLE: Award Bid For PREVIOUS ACTION: 100th Avenue Storm Drainage Im r•ov ment ..��.�,�.. PREPARED BY: Randall R. Woole L DEPT HEAD OK CITY ADMIN OtC',' _ REQUE.:SI LD BY POLICY ISSUE Bid award for 100th Avenue atorm dr;Ainage improvement. TNfO�MliT141U UM'1�RY one (if the project.:+ currently funded in the Storm [trainac,o C111 Fund is for improvemonti in tiro 100th/Sattler/Murdock iaroa• funding i%; +.aduquato unly fur taro first ph"so of ttriu itrrpr��vr�morit. • Iho 'first phiaaf, ib installation of a now starirr sowar in 100thAvanuu t,outh off' S4LL,or Strut• drain will rRliovo oxiatin<3 linos in tho awtra, 1n thes past, h4umas and n y,:,rds ithis area h:avo boon floodod when the existing linua caro )vorloiAd()d by major sturnls. Did# for tho fir.ut pFrMsrr wt,r,k will bo uponod on Augultt. 16, Did rv%&ulta will. bu Ava,ilaGblo prior to tho Auo,1u#t 22 r>taoting. AIJt RNAITVtC,a C N".1Dt lit D 1, Approve award of bid to the 10wust yVuPon#ibla bid"r, ?, Reject all bid#, Thiti project i# fundewd from Storm Drain C11) fund land in, a carry-aver pr•()jvCt from FY 1901-09. Recommendation will be plade after bids are opanod. br/6432D :�= � � ■ �!�� ■�� � del � ;`. �� ■� , I Lr man memo move INAM now din Odin— ' , _ � A�� r■■ill t�r�� � ,�,�s��llltiilt� , �� �tl��.r� �rrrr rrrr � ����hNN} It��`� •R�: �`. it �► " r� lit- Itsl � w��■ Pil of,Mob �� r` w 4- r t�r .�J4v I ' MEMORANDUM CITY OF TIGARD, OREGON i 10: Randall R. Wooloy. City Engineer August 18, 1988 FROM: Greg Berry. Utilities Engineer 0Mb SUBJECT, S.W. 100th Avenue Sturm Drainage CIP On August 16, 1909, seven bids were opened as shown below. The Engineer's ast:imate was $52.863. J recommend that the Local Contract Review Board, by mention, accept the low laid of C. G. Grudvi,3. Inc.. at: $51.164.24 and cauthurixo the Interim City Administrator to aKe4ute the contract, Bidder'sNma Bid Total C, G. Grodvig $51,164,24 gill PaatIo Const:ructin $54,42.3,00 va lloy Pacific. 061269.00 K & R $56,560.30 II DorvIa Construction $67,320.00 i, Dirt: & Ag(,1re tjato $81,270,00 M.A,C. $90,101 ,00 Mar/65690 J ` C CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 22, 1988 DATE SUBMITTED: August 17s 1988 ISSUE/AGENDA TITLE: MDT Purchase PREVIOUS ACTION: N/A r/ PREPARED BY: Marcha Hunt DEPT HEAD OK Ii Y ADMIN OK REQUESTED BY, ChiLaf Lehr- ..... POLICY ISSUE City Council has set policy for all purchases made by the City with the adoption of Ordinances No. 87-59 (Tigard Purchasing Manual Rules) . City Council has further set forth guidelines for the Interim City Administrator whereby they (Council) wish to amend purchasing authority of the Interim City Administrator to a figure riot to exceed $10,000, and that they (Council) will as a group review all !expenditures in excess of that figure, INFORMATION SUMMARY See Attached memo, A112 RNAHyU9MI'l Dt kl:l' - 1 , Approve+ the purch;Auu of 10 MDTo for thw Police I)e partn►ear►f.. 2• Deny *,Approval, 1 . $14,750, whiK:h waffi already ,appropriated ir► the fe►rfe►i.turtar/nkizurc►s fur►d ars per plan and tho City computer fund for P.0, 2. —0— �Uf`+G�!3't'FC! ACC�I4N Staff recommends alternative #I, approval of the purchase of 10 MDT's for $14,750 for the Polica Dopartmcnt. mh5545D •s 111i 111 kffillii 3 MEMORANDUM CITY (F TIGARD, OREGON L T0: Honorable Mayor, I August lb; 1988 Y City Council, � and Interim City Administrator FROM: David Lehr, Chief of Police iD SUBJECT: Purchase of Mobile Data Terminals The Police Department hax identified an opportunity to purchase a quantity of mobiles data terminals for use in our police cars. These termin:+ls will incroase officer productivity, particularly in the area of stolen property recovery. The MDTs will also onhance officer safety by allowing officers to identify wantod and dangerouu persona at they time of a traffic stop. The terminals will also ;allow for uocure radio tranumiusions betwoon dispatch and the officers whim secure massages aro dosiroble>. 'Tho MDTs will allow our officers accous to the Portl,*nd Polico nurpau roc:ords system. Finally, thu syotem will roduco our monthly costs for lino rontal. to Lf.'OS in Sa►1em, At this timo wo haves rnado tontativo upoc.ia►l «arr4rigomonts with Circuit Notwork Computers of Amprica in lacomoa, Washirv.jton to purcha►ua 10 MD"ts and ancillary uquipmont for $14,750. 'This pricy is lovs than ones-ha►lf of thea uut.4al coot for tho CNCA system. "the► CWCA systv4m is a now technology that rppresonts h► t► vk savings in MDT syztums. A cornp,ar,ablo system would tout botwaon $100,000 ar►e! $250,000 to implollivr►t . By purchasing thio ,and other Police Dppartmont computorizaitiun equipm►nt now, using forfoitod funds anti taking advacntd(jo of solo prides, tho City should by able+ to seavo $30,000 uvor tho noxt four, yocArs, CNCA is tho solo sources supplier of this Lo hnology and aquipmont, Sufficient fundo aro availAblp in the bufAgot for this purchase lei fullOwuc $10,000 - City Computer t'und Budget for P,D. 4,750 - For•feritod Funds Account cw/6493D MEMORANDUM CITY OF TIGARD, OREGON lC 10: Honorable Mayor and City Council August 15, 1988 FROM: Doreen Wilson. Recur.ie , SUBJECT: MD1 Purchase Approval The MDT purchcAse approval material will be distributed in a supplemental packet at the end of the week, lw/6A65D f ;K 4 / t CITY OF TIGARD. OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA Or: August 22, 1988 DATE SUBMITTED: August 15, 1988 ISSUE/AGENDA TITLE: LCRB - Award PREVIOUS ACTION: N/A Bid For 2 PW Pickups PREPARED BY: Steve Rivett DEPT HEAD OK CITY ADMIN O`tI It REQUES1LD BY: Steve Rivett POLICY ISSUE City Council has set policy for all purchases made by the City with the adoption of Ordinance No. 8/-59 (ligard Purchasing Marsual Rules), INFORMATION SUMMARY The 1908--99 Budgat was approved by Council on 6/13/88. The budtjot containod appropriation of $29,000 for two pickups with service bodies, On 8/4/88, bids were opened from three vondors, namely; Bruce Chevrolet - Coast Creno Service Body $29,176 Truckstoll tiorvice Body $29,x51 Columbia Body & Cquipmcjrlt Co.), - Service Body $32,184 Utility Cquipmunt Inc, m Survica Body $28,960 Two bids, Bruco ChovrojcNj columbial Body, dict not moot sp41c4fier4ti0r1n Arid were rujactod, Tho remtinirlj bidder, Utility rquipmunt I11c„ mot epecifica►tions and was within the budgvtod dollar amount , Ic A111C5 CON 4t)fRFO 1 . AwArd bid to Utility Cquipmont: Inc. fur, 2 pickup truekA with xarvico bodios in tho almount of $28,960. 2. Rejoct all bids and diract staff to roadvartiuo spoCn , rI SCALTMPA(l 1 . Purchalsv, is within budgetod amount approved in 1900- 09 budget 2. unknown at thix timO, UGGC"Tt Q ACT3ON Altar"tive M1 -- Motion to award bid. sr/lw/6465D l .�.� SEATTLE SERVICE CENTER P.O.BOX 24387.1303 SOUTH 96TH STREET SEATTLE.WASHINGTON 98124•TEL'(206)764-5025 UTI ���� FAX:(206)762-4973 SPOKANE SERVICE CENTER N.3020 FLORA ROAD ww .wwa .www. •wwwti• SPOKANE.WASHINGTON 99216•TEL:1509)928-9573 FAX,(50%928-7751 PORTLAND SERVICE CENTER •HOME OFFICE• P.O O BOX 23009.12805 S W 7Tm PLACE PORTLAND.OREGON 97223•TEL (503)620.0611 TELEX:15.1134 FAX:(503)684-7579 August 8, 1988 Mr. Steve Rivett City of Tigard# Oregon P. 0. Box 23397 Tigard, OR 97223 Re: BID FOR TWO (2) TRUCKS WITH SERVICE BODIES WHICH OPENED AUGUST 4 , 1988 AT 2:00 P.M. Steve: Atter reviewing our bid package and pricing, we can lower our bid price to the City of Tigard if we can receive payment for the completed units upon delivery to Tigard. The price por unit (complete with service body) would fee $14 ,480.00 each with a total price of $28,960.00. Please nate that these pricer do not includ@ chassis runtproofing and undercoating (service body includes undercoating an standard) which have been deleted since they were quoted as options. If you have any questions, please call. Very truly yours Larry f1oode Sr. sales Coordinator /mt f ,A ,�c No. 0611,114 PURCHASE REQUISITION 11fA I WASHINGTON COUNTY,OREGON DATE- 8-9-88 E TO: PURCHASING DEPARTMENT FROM: Steve Rivett DEPT.: PWf Strggt.s � Q ISSUE PURCHASE ORDER ❑ GET PRICE/DELIVERY QUOTATIONS AND CALL ME WHEN THEY ARE r-1 RECEIVED AT EXTENSION t,..! SPECIAL INSTRUCTIONS: SUGGESTED VENDORS: NAME ' Utility Equipment Inc. NAME )ADDRESS, 12_ 805 SW 77th P1. ADDRESS CITY : P©rttlan+d. OR. 9_7225 OR . CITY : TELEPHONE N:_ 520-06,1,1 TELEPHONE N: REQUIRED DATE; 8 DELIVER TO: 1.2800 -gig-Amb � 1� ��. 1 Nti i`. � 1 n u�.,{✓Nor' .ISN: ' yi �s..i•. i�Wtl+ T�,�' `_� ,� �� "���Y'. '!� '� .i�.��"'d•,N�� t�TM,r�!,i g'�:FIY��ti.+7wiw..,%�:: ` J► +�7 la, `TCr,. � f^ *"'� 2 1989,314 4 Ton Truckav/Sarvice Bodies 10-2 0-70a .E1.90,92 �. @ $14#400.00 each �Ip • 1$,28,96.0.00 APPROPRIATION BALANCE: 'o'r � Of AS OF: SIGNATURE APPROVALS: jUP TO SS00.00) SECTION MANAGER RCHASING AGENT - (IF OVER ;500.01) DEPT. HEAD/PURCOH GENT &41k I frfs! (IF OVER 55000.01) DEPT. HEAD/PURCHASING AGENT/FINANCE DIRECTOR MEMORANDUM CITY OF TIGARD, OREGON TO: Whom It May Concern July 9, 1988 c ' FROM: Steve Rivett./Streets Crew Chief SUBJECT: Purchase of 3/4 Ton Pickups w/Service Bodies i=: Utility Equipment is the only vendor out of 3 that meet . 3 pecifications for purchase by the City. The purchase amount for Ch A. }f%these -units are within the approved budget. options were delated from the specs. 3 } r x • T ` Rustproofing of Chassis 2. Undercoating of Chassis °$3 Amount budgeted for, , those units was $294000.00 from account 10-2130-703. Amount quoted by vendor is $28,960.00. recommend that this vendor be awarded the bid. If there is any dither information needed regarding this matter, please contact no �t *xt 336. JT SR/wh 4 4 = a, CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 22, 1988 DATE SUBMII-(ED: August 17, 1988 ISSUE/AGENDA TITLE: LCRB - Award PREVIOUS ACTION: N/A ICY Bid for 2 Data Collection Devices _ PREPARED BY: Marcha Hunt DEPT HEAD OK CITY ADMIN OK%- REQUESTED BY: Jill Manley PQLICY ISSUE City Council has set policy for all purchases made by the City with M-Ne adoption of Ordinance No, 87--59 (Tigard Purchasing Manual Rules). City Council has further set forth guidelines for the Interim City Administrator whereby they (Council) wish to amend purchasing authority of the Interim City Administrator to a figure riot to exceed $10,000, arid that they (Council) will as a group review all expenditures in excess of that figure, INFORMATION SUMMARY The 1988-89 Budget was approved by Council on 6/13/88, The budget contained appropriation of $13,500 for, survey oquipmunt (olvctronic distances measuring equipment), (lids were uolicitod a►nd recoivud for this oquipmont (copiou att:achod), Staff has reviowod the information recoivv?d regardintj tho purchase., of this equipment, and has made racommondatiun to purchase uquipmont from Portland Precision 3nst. Co, 1`his excoods tho $10,000 purcha►;ing limit imposod on the Intorim City Administrator, a►s sta,tud above. Staff ro(Wuts Council approval to procood with tho purcha'00 of this oquipmont . ....._.._.................,., ALI U RNA1]�W S CONSI OURF0 1. AwArd bid to Portland Precision Inst-, Co, for WS-30 Topcun Total Station and lopcon "Pro-Pac" Data C01104tor, x, Rajoct All bids Arid direct staff to roadvortiso spars, ..._._ t . Ell .At_1!11)ACT i , t)ur-cf)aso is within budgeted amount Approvod in 1980-99 budgot, .W....�W..�..._..�._..._._...�_.�._...W�WW,W,.. ...W.� .,...,.........._,_..SUGGEISTED ACTION Altarnotive H1 Motion to award bid and procood with purchase of equipment, . mhG5R5D 2. a PURCHASE REQUISITION No. 06067 C A -WASHINGTON COUNTY.OREGON DATE- g TO: PURCHASING DEPARTMENT FROM- DEPT.: A— ISSUE PURCHASE ORDER ❑ GET PRICE/DELIVERY QUOTATIONS AND CALL ME WHEN THEY ARE RECEIVED AT EXTENSION © SPECIAL INSTRUCTIONS: SUGGESTED,,V,,,ENDORS: � NAME ; ! r►�Dta_1nt�T CI NAME ADDRESS: I I Sa PI MF- gar , ADDRESS: CITY O �•1 OR CITY TELEPHONE N; '3 I' I TELEPHONE !'; REQUIRED DATE; DELIVER TO; M+AI77tiPt. . � >� " .l ftp�' � Yb' �� �.,�'��M �1. 1 � -"• *�,25.� � ,'�"� � ��`� ��.� S 15 9- anti '7- •` - � '� fir' ^(�9OA� APPROPRIATION BALANCE: AS OF: � y� SIGNATURE APPROVALS: TO $500.00) SECTION MAW PURCHASING AGENT (IF OVER $500.01) DEPT. HEAD/PURCHASING AGENT (IF OVER $5000.01) DEPT. HEAD/PURCHASING AGENT/FINANCE DIRECTOR 1 MEMORANDUM CITY OF TIGARD. OREGON TO: Randy Clarno August 5, 1988 FROM: Jon Feigion SUBJECT: Data Collect. Selection I have attached a sheet summarizing data collector costs From three total station manufacturers. I believe the "pro-pac," offered by Topcon, would be the best selection to complement tho Topcon total station for the following reasons: 1, Alpha Capability _. Some lower priced data collectors rely on codas for descriptors, The "pro-pac" has full alpha capAbility, 2. Computation Capability The pro pac contains an lip 71 mini computer that can solve any survey problem in tho fiold, This data collector can double as an additional computer workstation, Data (stakeout information, coordinates) can be uploaded to tho inatrumant electronically, This system has more flexibility and problem solving capability than any data collector we have seen or heard of. 3. system Compatibility - The data collector wo select must communicate with a Topcon instrument and an NP computer using lac Soft saftware. It is important to purchase the data collector from a local vendor who can answer Questions, provide service, and assure system compatibility, A. Environmental Enclosure - The pro-pac price includes an environmental enclosure which is an extra for many 14P Al and 71 hared data collectors, This protects the lip 71 from moisture and temperature oktramov, This data collector offers tremendous calculating ability and significant time savings in the field and office. Docaause it is the communication link botwoon the field and the office, I believe it is critJcal to choose a proven performer that will readily integrate with our system, cn/b3A5D Attachment �j—n O AJ J?> !D (Z TA)STf FA)T t.-QST' Kwe�. S Lim S-cr 3 d36o.OQ `•TAe. Se--t'3 .i v o GI/ 3ANNsao N � �.-, � �� 1�� ��� S�eGit�Cr,��ts �•2. .1i co i 5 � � tc�v�• Gt2R.. u�o � ,LOW WT-/Gbh 1� --/dCk� 3/t�� 5�"� .��m Acts �nti7 J���✓Ca E 6v K4 7 (LOIAf*l /� recoev"Q-1 , 7"c-1000 1.51/.5 ., ri d ��s ��mcyff, jm�deS 7=/ ,��/coa 7-/,-703 se-C ,460V� coM� pN 01 X000 wv '7'0 �N errs•3 $16690e�rs c �Xc�-�' C s t✓'i�4Tlonk �skvV '. Q f�A6 �... � � . rc, QT7/i�' S ..liV,O �'F�lc'�f�r1�✓C 0156-7 i c < DATA 60(1Z�Me. c��� M MEMORANDUM w CITY OF TIGARD, OREGON r P k z } T0: Wayne Lowry AuSust 3, 1988 Ed Murphy Randy Clat t FROM: Jon Faigion i SUBJECT: Electronic. T4r .al Station Purchase 1 Auer careful evaluation and comparison of quotas front three vendors, For six electronic survey systems, J am propnrad to rocommond the purchase of a Topcon total station for the City's future surveying needs, While the Tupcon is not quite the lowast bid, th►ase tt►at ware lass did not meat criticalarPurmance jpaciff5ca ians, The nut bid of$8,,690 includes a significant trade—in allowance for our present survey/ instrumento, The data collector and associated software will coat an Additional $4,690, This part of the systom will cut field time by perhaps 60 porcont, and office ►; time spent in nota reduction by as much as 00 parcont, Wo would like to purcha►so the data ccillection materials as soon as Possiblo to minin►izo training time, and to help on future topogr4Aphical surveys. ht/6226D CITY OF TIGARD., OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA Or: August 22 1988 DATE SUBMITTED: August 19 1988 ISSUE/AGENDA TITLE• CU 87-03 & PREVIOUS ACTION: Council Approval MLP 87--07 Resolution for Robert Subiect to Conditions — 7/2. / Watt ffe%aco-1 PREPARED BY: KKeith Liden DEPT HEAD OK •� ITY ADMINQK�.tiT,., ,_REQUESTEtD BY: POLICY ISSUE ...,,..... ..,.,.. �.__..._,..,,_,.,._.................,...,.�.. , 19F"QRMATION SUMMARY On July 25, 1980. the City Council amondud the Hearirqu Officer approval of tho Texaco proposal (CU 87m-03/MI. ) 07- 04). AttRached is a copy of a rasolut.i►►n which is consister►t with th►o Council dociaion that irtcludas findirals. conclusions, and conditions of approval. AL 1 t IV[S CONS MRF D 1 . Adopt, titr► resolution, 2. Amend find.ing#, Conclusi0na, or, conditions t►nd adopt 014► rusulution, JjSCAL Mc 5UGt;ESTEb ACT7.ON Adopt the attached resolution. br/6508D MEMORANDUM CITY OF TIGARD. OREC70N 1 TO; hionarable Mayor and City Council August la, 1988 FROM: Lorean Wilson, Recorder SUBJECT : Texaco Appeal Hearing Final Order The Texaco appeal hearing final or-dor will be distributed in a supplemental packet: at the end of the week' . lw/6465D C CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 8/22/88 _ DAIE SUSMI•1-111: 8/11/88 ISSUE/AGENDA TITLE: PREVIOUS ACTION: None Classification Review and Study � —— _,� _ }rte- PREPARED BYF'i anice Deardorff DEPT HEAD OKE/ i' CI –ADMIN OKFii�i REQUEtiIEt) BY, Janice Deardorff POLICY 1SSl1E Should the City review and upd,+te selected positions in the class ific.at.ion plan? INFORMATION SUMMARY A classification plan has a number of uses from a mtcr►agement point of view. It provides the basic structure for dealing with personnel matters including compensation, performance review, recruitment arid selection, training, etc. in the area of compensation, a classification pl.+n pormits the consideration of pay policies to be made in r•olation to dutiea., responsibilities arid work roquiromar►ts rathor than in relation to puraonalities or subjoctivo and arbitrary criteria, Each class specification is a detailed analysis of the nature, degree► of difficulty and degr•oo of rosponsibility involved in the work of u+ach class of positions and, provides a at:atement of the qualifications that ara roquirod of an individual for successful purformaanco on the job, In addition, tho analysis of division of work sand rusponsibiiit.y, provided by the plan, c;►n be used to tho advant:ago of o:ach dopar•tmunt hoad in perfecting or, rovisin�J or;lanirwtion:al 21ructuro, c: Ar•ifyin�J linou of authority, fixin'J ro§ponstbility and woi►.lhin�l personnel roquiromont.s, Tho City of 'li►,lard cliasyific'►atiC►r1 plan wan revi;ivd W 3984. Duo to the rapid growth of the wor•kforc.a population, the job onvirinimur►t, Arid the changou In individual dut:ios ar►d reuponsibilitou, soluctud claanificationa +ara in need of roviow .and updat.inq, This roviow and upd«alu would bout bo ,accomplishod od . thrc�tuJh► ac formal clwr►sifiratic►n review, 'l ha troxonal is zattac. ► (» 1, Utilit0 thin servi€es of an outnido cunsult.ant, ildnefits would include a shorter►ed timNfram<a from st►ar,t to fin3.dh and the study would be conducted by in outside, third party noutr•ml. An outsl.do conmult4-ant would al.R►o aljow for staff conc.ontrAtion on priority projecta, 2. Conduct tho study inhouse. Study would be morgod into Cather duties of Personnol Manogur and Porsonnel Assistant. An intern could aarsist in this process. This would take longer, than ralternf►tives one or three, 3. Utilize the services of an outside consultant fur- oogttients of tt►e study in combination with inhouse staff for other selected segn►ents. puuuw..a....uuw.....uu..w.u.....uw..u.r..+.uuu:uy+.uvu.u. u.unuuw.u..u.w..u..._u....u...w.ra..u......u,.........uuu. c..c+.'.uuu....u,:u....u....u...ww.+.w....0 u..... u...wu,uu..o..u..uu....w,.+.u. FISCAL.__IMF�ACl` 1, Staff estimates $3000 to $8500, 2. Coat of an intern would be approximately $1125 month. 3. proportionate cost of time to expense for outside consultant. SUGGESTED ACTION 1. Alternative #/1. jd/1748p f PROPOSED CLASSIFICATION REVIEW The recommended review would involve: / Review of the classifications listed below. Written documentation of duties, knowledge skills and abilities, and required training. Selected interviews (desk audits) with employees. Written follow-up to supervisors and department heads. Updating, revising and rewriting class specs. Employee and Supervisor Review, Final adoption and implement.aztion of new classifications. k Recommendations for salary review Classifications to be rvviewed; M 01%tU [iarainin Uni C E Nolpor Library Aido Offico Aide Offico Assistant I Library Aido I Mcaintonasnco Workor Library Assiut-wit 3.3 Uffico Assistant .I.1 } Enginooring Aida Library Assivt;a►nt III Office Assist.a*nt 111. Accounting Clork En(4lnooring Assistant Utility Wurkcar I Enejinaorinl 10th 31 Utility Wurkor .II Building Maintenance Spocialist Utility Worker III Equ i pmont Mvc.hean i c Codas Criforccamont Officer Building Inspector I Enginooring Technician II Building Inspector 11 Engineering Technician 11I Building Inspector 11.1 Profa_scsionml_.and Managemont Posit;_i_on# Deputy City Recorder Associate Librarian Librarian I � Assistant Librarian Executive Secretary Other positions to be determined jd/1748p CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 22, 1988 DATE SUBMITTED: August 18, 1988 ISSUE/AGENDA 'TITLE: ODOT Agreement PREVIOUS ACTION: Resolution No. 88-45 For Pacific_ Hichwa/78thAvenue Intersecti n _ PREPARED BY: Randall R. Wooley �: r DEPT HEAD O +x ' LK7 TY ADMIN OI t]L REQUESTED BY: ^ ���.._.._.......�_..__.._^�._�^POLICY ISSUE Shall the Council ratify amendments to the ODOT agreement for Pacific Highway/78th Avenue Intersection Improvements? _......•,.,...�..•... ....,,..,,�.�.._...._...__..__._...m._.....�,.....�.. ...INFOi?MATION SUMMARY In June., the Council authorised an atlrou►wnt with the Oregon Departmont: of Transportation (OD01) for improvements to the intersection of 78th Avenue and P+ cific Highw�;ay. The improvomun4ts are to be iu.ade to accommodate Lho proposed DiArt:n►outh cunnoction to Pacific Highway, At the t.lmo the Council authorirod t:hu w3roomint, thorn wax cuncurn .about:. � certain lanquAgo on pa;4o 3 of tho w3rooment. 0DO1 has subt4oquor►tly aijreed to Amend that languago- 'Thu ia,mundod at, roomunt is at.tac:hod. t;c>ur►eil ratification of ti•►e is roquestod. lit 1 FRNATIVES CONSTpk Rt'U 1 , Ratify the amundmonts. ?. Rajart. t-he wn►4ndmants. P. FItCAL _IMPACT No change. �,W ...,.. _ �._ .. .__ �� W.�.. W . _.. �_._. W ..._ • _ SUGGESTED ANION Adoption of the attached r-evol,ution ratifying the amendments acrid authorizing the Council President to tign the amended agreement:, br/6552D Approved: L.E. George EDN:pf 3/5/87 Revised: 4/8/88 Misc. Contracts & Agreements No. 9101 COOPERATIVE IMiPROVEMENT AGREEIIiENT TRAFFIC SIGKAL PROJECT THIS AGREEMENT is made and entered into by and between the STATE- OF TONEOF OREGON, acting by and through its Department of Transportation, Highway Division, hereinafter referred to as "State"; and the CITY OF TIGARD, a municipal corporation of the State of Oregon, acting by and through its designated City Officials, hereinafter referred to as "City". WITNESSETH RECITALS 1. Pacific Highway West (1W) is a part of the State Highway System under jurisdiction and control of the Oregon Transportation Conxnission, and S.W. 78th Avenue (Dartmouth) is a part of the City Street System, under jurisdiction and control of the City of Tigard. 2. For the purpose of providing acceptable traffic circulation patterns on public highways, State and City plan and propose to construct roadway improvements and modify the existing traffic signals, install the necessary signing and place striping at the intersection of Pacific Highway West at S.W. 78th Avenue (Dartmouth), hereinafter referred to as "project". The project will be financed 100 percent by the City, with no expense to State. Location of the project is approximately as shown on the sketch map attached hereto marked Exhibit A, and by this reference made a part hereof. 3. By the authority granted in ORS 366.770, State may enter into cooperative agreements with the cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. Traffic signal work on the project shall conform to the current State standards and specifications. 4. By the authority granted in ORS 810.210(2), State is authorized to determine the character or type of traffic control signals to be used, and to place or erect them upon State highways at places where State deems necessary for the safe and expeditious control of traffic. No traffic control signals shall be erected or maintained upon any State highway by any authority other than State, except with its written approv- al. f 5. The category of access control on Pacific Highway West where r- the project is located is "uncontrolled access" as defined and regulated by O.AR 734-50-070(3). 6. The City has established and is subject to a comprehensive plan and related zoning ordinances that restrict the type, timing, and amount of development within the Tigard Triangle to assure that develop- ment impact will not exceed transportation capacity. The comprehensive plan limits development to that which can be served by the existing system supplemented by the Dartmouth LID project, The existing access system for the Tigard Triangle supplemented by the street improvement covered under the Dartmouth LID project can adequately serve the existing development and a degree of expansion. 7. State is currently conducting an Alternative Location and Design Study aimed at identifying highway improvements in the area of the I-5 Interchange at Highway 217/Kruse Way. NOW, THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is agreed by and between the parties hereto as follows: STATE OBLIGATIONS 1. State shall , at City expense, conduct the necessary field surveys and traffic investigations, identify and obtain or issue the required permits, arrange for relocation or adjustment of any conflicting utility facilities, perform all preliminary engineering and design work required to produce plans, specifications, and estimates, advertise for bid propos- als,• award all contracts and furnish all construction engineering, materi- al testing, technical inspection and project manages services for the traffic signal portion of the project. The traffic signal installation may be accomplished by the use of State forces, by contract, or by any combination of these methods, as State shall elect. 2. State shall issue the necessary permits for work by others within State Highway right-of-way, and shalt approved all roadway plans and specifications prepared by the City prior to any work proceeding within State Highway jurisdiction. 3. State shall, at City expense, lay out and paint the necessary lane lines and erect the required directional and traffic control signing a on the project. j 4. State shall, upon completion of construction, perform all requir- ! ed signal maintenance at State expense and retain complete jurisdiction and control of the timing established for operation of the traffic sig- nals. 5. State shall. compile accurate cost accounting records and furnish City with an itemized statement of actual costs to date for the traffic signal portion of the project. When the actual total cost of the project has been computed, State shall furnish City with an itemized statement of said final costs, including preliminary and construction engineering, contractor payments and all contingency items attributable to the project. -2- i CITY OBLIGATIONS 1. The City shall complete a Transportation Plan for the Tigard Triangle which will identify major roadway and lane requirements to adequately serve buildout development of the Triangle. This Transporta- tion Plan shall be based upon the current Land Use Plan. The City shall initiate hearings and complete their study on such comprehensive plan amendments within 62 months after final publication of the State's Environmental Assessment for the. 1-5 Interchange at Highw 217/Kruse Way project. * See below for further City Obligations. N _:,. is 04. �4 limit development to that which can be served by the existing s supplemented by Dartmouth. The criteria for measuring develop mpact will be traffic volumes on several streets measured along th screen- line and a southeast screenline. The north scree will be just south of 99W and includes 69th Avenue, 72nd A Dartmouth Street, and 78th Avenue. The southeast screenline a the Haines Road struc- ture over 1-5, the southbound I-5 o p from Haines Road and 72nd Avenue just north of the 217 in tinge. The City will be required to monitor the volumes at t sites annually. When the sum of the outbound PM peak hour v s along either screenline reaches 90 percent of the calculated able capacity of the existing system plus Dart- mouth, additi development will not be allowed until the additional capacity ified in the City's study has been constructed. The 90 pert of calculated capacity will be 2,000 vehiclQs along the north and 2,400 44"049-th e�3.3.ne, +t 2. City shall conduct the necessary field surveys, perform all preliminary engineering and design work required to produce plans, speci- fications, and cost estimates for the roadway portion of the project, obtain the necessary right-of-way, easements, and all required permits, prepare the contract and bidding documents, advertise for bid proposals, award all contracts and furnish all construction engineering, material testing, technical inspection and project manager services for administra- tion of the contract. 3. City shall forward roadway plans and specifications for work within State Highway right-of-way for review and approval by the State prior to advertisement for construction bid proposals. 4. City shall, upon execution of this agreement, forward to State an advance deposit in the amount of $10,000, said amount being equal to 100 percent of the estimated total cost of the preliminary engineering and design work for the traffic signal portion of the prosect. S. City shall, prior to the State advertising for bids, forward to the State an advance deposit equal to 200 percent of the estimated total cost of the traffic signal portion of the project. No bid advertis- ing shall occur until said deposit has been received by State. In the event that cost overruns are identified during the course of the project, the State may request additional deposits. The City shall provide for such additional access and/or capacity when the Plan criteria requires it and in accordance with its comprehensive plan and zoning codes. -3- 6. City hereby grants the State the right to enter into and occupy City street right-of-way for the installation and maintenance of the traffic signal equipment, including vehicle detector loops. 7. City shall maintain the asphaltic concrete pavement surrounding the vehicle detector loops installed in the city streets in such a manner as to provide adequate protection for said detector loops, and shall adequately maintain the pavement markings and signing installed in accor- dance with the plans and specifications. 8. City shall , upon request by State, relocate or reconstruct, or cause to be relocated or reconstructed, all privately or publicly-owned utility conduits, 'lines, poles, mains, pipes, and all other such facili- ties of every kind and nature, where such utilities or facilities are located within the right-of-way of any presently existing city street where such relocation or reconstruction is necessary in order to conform the utilities or facilities to the plans for the project. City may request State to arrange for said relocation, acting on behalf of. City. 4 t 9. Upon completion of the project and receipt from State of an itemized statement of the actual total cost of the traffic signal portion of the project, City shall pay any amount which, when added to City's advance deposits, will equal 1.00 percent of the actual total cost of the project, including preliminary and construction engineering, contrac- tor payments, and all contingency items attributable to the project. Any portion of said advance deposits which is in excess of the total actual cost will be refunded or released to City. 10. City shall, upon completion of the project, pay all costs of electrical energy consumed In operation of the traffic signal equipment. 11. City shall adopt a resolution authorizing its designated City Officials to enter into and execute this agreement and the same shall be attached hereto and become a part hereof. i '; -4- IN WI7WESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. The Oregon Transportation Commission, by a duly adopted delegation order, authorized its Chairman or Vice Chairman, to act in its behalf in approving this agreement. Approval for this agreement was given on August 15, 1988 by Chairman Hichael P. Hollern , The delega- tion order also authorizes the State Highway Engineer to sign this agree- ment for and on behalf of the Commission. Such authority is set forth in the Minutes of the Oregon Transportation Commission. APPROVAL RECOMMENDED STATE OF OREGON, by and through its Department of Transportation, ' Highway Division 8y a-gion ngineer Y -State•W/-5- g way ng neer APPROVED AS TO Date W/5 LEGAL SUFFICIENCY � CITY OF TIGARD, by and through 8y ss� -. -Xttorney eneral— its designated City Officials Date2 B �-+ Y =.._.__ APPROVED AS TO Mayor LEGAL SUFFICIENCY DY ythmay -City or er Date im1 Iqu t z a -5- r� c: V .� n+ " rl +� "i"ILU � 113��'�r —j B rrt et -�.ww1.�w�._ •,il.t. ti Vie. L• sly''' �'�'�' ��' �� � r � � -�!►'��l/�`�(.�..-�� I r w. IfUPROJECTw pFrmw1� L�ti marMAWt 0�r.rw i a I „• ;� ` •- , !Ira . .�"� �� ;" . '}I�T,- •�'y , ' �►'/- `. i �~,i � �) .* �" awl �/ 1.t � ++ �� ,. ,rte � "`,�`` � � "' �1�����►.. �t� � `�� rw �` '�.`, "-a �....: Department of Transportation ►,Earxnsa+MwT TRANSPORTATION BUILDING,SALEM,OREGON 97310 UOYtPM'7R In Reply Rater To August 15, 1988 Flit No,: City of Tigard AGR P.O. Sox 23397 Tigard, OR 97223 Attention: Loreen Wilson City Recorder Attached are three copies of an agreement covering roadway improvements at the intersection of the Pacific Highway West and SW 78th Avenue (Dartmouth). As mentioned on page 4, paragraph 11, please return a copy of the resolution authorizing its designated City rv%4UUZ( Officials to enter into and execute this agreement. Also, please have the City initial three corrections on 9/X page 3 and return two copies to 121 Transportation Build- ing, Salem, OR 97310. Fran Neavoll COMMISSION SERVICES bk Atts. cc: Jeff Bachrach O'Donnell, Ramis, Elliott b Crew Attorneys at Law 1727 NW Hoyt Portland, OR 97209 731-0146(1467) . 4/ D CITY OF TIGARD. OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA Or: August 22, 1988 DATE SUBMITTED: August, 19, 1988 _ ISSUE/AGENDA TITLE: Resolution PREVIOUS ACTION: autharizinq IG Agreement on IACP Conference — _ PREPARED BY: David C. Lehr, C.O.P. DEPT HEAD OK !. CITY ADMIN OKL REQUESTED BY: David C. Lehr, C.O.P. ��..._.....,...�..,..___.__ _ _ POLICY ISSUE Whether the City of Tigard, through its Police Department, should commit human and capital resources tie support the City of Portland, through its Police Bureau, in hosting the 1988 IACP Conference in October said authorize the Chief of Police to enter, into a memorandum of understandiiiq ar►d intergovernmental agreement to provide such support. INFORMATION SUMMARY The Portland Police Bureau is hosting the 1988 I'AC11 Conference in October, This Conference will bring to the Portl4nd metra.► area ever 7,000 dcalagvAL as, vendors, And guests. Tho oxporidituro5 mAdo by these people will put $4 — 7,000,000 into the local oconomy. A signifir:*nt portion of that amount will come to Tigard os Washinaiton faquaaro Mayall is on the C onfor onco tour list And EmbAuvy Suites Hotol has boon deaignaatod :a Cenforonco hotel wi1.h 144 rooma blacked for the; Conferenco. IL ho IACP is the professional organization for polie:o chiefs. 3.. haavv boon o member of the ]ACP since 1U78 +and have taken aadvantaCie of numerous trf►inincj oppurtunitios providod by tho Association, 1ho A#icociaation also providoss professional dovolopmont for police officers of 411 ranks. Thea cost to dopartments with At 10aast one! member of the IACP in discount.od. the 3ACP is active in Proposing sand supporting logisl4t:ion on the nAtionaal lr,vicel that deals with criminal justice and highway safoty issues. I halve bean 4stivoly involvod in tho plonninq proc000 for tho Conforonco fere tho loot yvdr. I gam rov3ponsiblo for m�aneaginq the h►unt►it.atility funetiun for tho Confor-onec, This function will utilize ovor 100 officers gond vol.untoors nand thea i r oqu i pmont. In ordor to run they Confers rice, the Portland Vol ice Bureau is depending on the loan of personnel And eaquipmont from police aageancieas in the Metro ,arca+a, Oregon, and Washington, Thea intorgove►rnmont.aal tagroemont for the loran wags workcad on and neagotiaatod by Aiken Blitr, thea staate IACP attorney, the City of Portland attornpylo office, and our City attorney's offices. The attached resolution authorizes the loan of Tigard Police personnel and equipment to Portland for tho Conference. IhQ use of Tigard personnel will not create ,an overtime situation for us. All Tigard personnel are volunteers, The intergovernmental agreement plaac"s any loaned equipment under Portland's insurance coverage, x` ALTERN.ATIVES L the resolution authorizing the C-O,P' to enter into an 11 Approve 4ith the City of portland to loan personnel intergovernmental agreement ar 15-20, 1988. c.e hold Octob, and equipment for the IAC C.,-ij-iferen to be 2. Deny the resolution, EISC�L TM?ACT bona .. None 7 thc) C'O'P' t4�) staff recommonds City Counc i approvo tklian ond ontor into An intorgovornilient4l agrooment with portlond to loan per"WrInOl oqvipi-iont for thO 1900 JACP C0nfIVrVtIc0I NFMORANDUM OF UNDERSTANDING and INTERGOVERNMENTAL COOPERATION AGREEMENT IACP CONFERENCE — 1988 PARTIES: City of Portland, Oregon (hereinafter referred to as "Host City") and the State of Oregon and political subdivisions and public bodies thereof and other governmental entities which operate law enforcement units which agree to support operational requirements of the 1988 IACP Conference (hereinafter referred to individually and collectively as "Supporting Agency") RECITAL! j The XACP Conference is a regional event requiring law �._ enforcement services and support beyond the capacity of a single law enforcement unit. Oregon Chiefs of Police and other law enforcement executives have pledged operational support to the Conference, to be provided pursuant to understandings hereinafter act forth. IT 19 AGREEDs t 1. �E���¢¢U�����I__P� M��E1�4_TT. Supporting Agency will provide by loan or otherw s�eq- pment and other physical assets described ► in Appendix A attached hereto. The commitments set forth in Appendix A will be incorporated in the logistics support (S-4) annex to the Conference Operation Order, and may be amended periodically as required by the S-4 Chief Staff Officer and the Supporting Agency Chief. 2. PERSONMEL. Supporting Agency will detail personnel in support of conference operations in numbers and capacities and at times set forth in Appendix H, attached hereto. The Commitments set forth in Appendix D to this Agreement will be incorporated in the personnel (S-1) annex to the Conference Operation Order, and may be amended periodically as required by the S-1 Chief Staff Officer and the Supporting Chief. The S-1 Chief Staff Officer will schedule and assign t duty as well as free time for conference attendance based upon information set forth in Appendix A. Assignments will be confirmed in writing prior to the IACP Conference. Assignments may be modified through trades between similarly qualified personnel. Supporting Agency will exercise its best efforts to insure that detailed personnel or a replacement reports at the time and place designated by the S-1 Chief Staff Officer. (A) PERSONNEL UTILIZATION. Personnel will be assigned ana utilized in accor ance with knowledge and abilities, and within any restriction expressed by the Supporting Agency Chief in Appendix 9, to every extent operationally possible. (8) SWORN UTILIZATION. Uniform personnel may be assigned to security and/or law enforcement assistance in direct support of an on-duty Portland Police Officer. except in emergency requiring an immediate response of personnel present upon a scene, such assignment shall relate generally to unique needs of the IACP Conference and not the law enforcement service needs of the Host City, and shall be pursuant to this Agreement. No part of the execution of such assignment shall be under the terms of any mutual aid agreement or similar practice, whether express or implied. it is understood that sworn personnel from Supporting Agencies shall have and be able to exercise all of the powers of a police officer as provided in Oregon law, and that all immunities from liability and exemptions from laws, ordinances and regulations which the law enforcement officers employed by the Supporting Agencies have in their own jurisdiction shall be effective within the Host City, unless otherwise prohibited by law. (C) HOURS OF DUTY. Regular employees of a Supporting City may serve In a pfd-on-duty capacity, in a volunteer capacity, or both. They may serve in a uniformed or limited plain clothes capacities as required and requested by the H-1 Chief Staff Officer. Hours of work of ersonnel assigned to support the Conference who are in a paid status will be limited to every extent possible to insure, accept an emergency, that the assignment does not extend beyond the regular hours of work described in Appendix H to this Agreement. (D) FLSA IMPLICATIONS: It is understood that regular employees w o aealre to volunteer may do so without creating an FLSA overtime liability, because the work to be performed as a volunteer within the Dost City is performed for the benefit of a public agency other than the supporting Agency employer which authorizes and details such volunteer service. 1. -2- The Host City assumes no responsibility for contract or FLSA overtime of personnel detailed. Supporting Agency may choose to utilize a waiver for employees who volunteer, which might provide: "I hereby volunteer to support the IACP Conference by serving the City of Portland and the IACP Conference Commander in any capacity assigned, including VIP or facilities protection, host officer/hospitality officer, dignitary driver, executive protection, or a staff,/support services role. In so doing.1 understand that I am volunteering my services to the City of Portland. I do so freely without promise, expectation or receipt for services rendered in a volunteer capacity, in order to support, participate in and be able to attend the IACP Conference. For these reasons, I understand that I need not be paid for services I perform voluntarily during my off-duty time." (E) BENEFITS. The City will provide supporting personnel - tE=entification which will entitle each volunteer to attend conference meetings and functions and 4 the law enforcement trade show at times which do not conflict with duty assignments. s (F) WEAPONS. Each duty assignment will be designated as "armed" ounarmed" by the S-1 Chief Staff Officer. Strict security measures preclude any person from attending any conference function or facility while armed unless specifically authorised and identified by the S-1 Staff Officer, pursuant to authority of the Operational Commander. Supporting Agencies should insuro that all personnel are aware of and abide by this restriction. 3. RELATIVE RESPONSIBILITIES. (A) PROPERTY ANDEQUIPMENT. All loaned property and equipment asa` fie'� early marked identifying the owner, and shall be receipted for by the S-4 Logistics Chief Officer. The S-4 Logistics Chief Officer shall implement property accountability procedures to insure that all loaned equipment is appropriately safeguarded at all times. Supporting Agency shall designate in Exhibit A the replacement value of loaned equipment, the control of which will be relinquished to host City for all or any -3- r. R 41 iti portion of the Conference. Host City shall obtain a policy of insurance or otherwise self-insure against risks of loss and damage which might occur during the period such equipment is under the control and constructive custody of Host City, measured from the time it is received by the S-4 logistics Chief Officer until the time it is returned to a representative of the Supporting Agency. Host City will accept responsibility for repair or replacement of equipment set forth in Exhibit A to damage or loss, whichever is less. Provided however the Host City may communicate a limitation on this obligation in writing delivered to the Supporting Agency prior to October 12, 1988. This paragraph shall not apply to any risk of loss to which anyother policy of insurance (except municipal self-insurance) applies. (a) COMMAND RESPONSIBILITY. All supporting personnel shall be sub' ect to t -6 contro , command and direction of the IACP Commander and subordinate commanders during all periods of duty. (C) COSTS AND TRAVEL EXPENSES. Costs of materials, supplies anTrreasonable subss3stence and travel expense incurred by supporting personnel shall be borne by Supporting Agency. No party to this Agreement shall be compelled to reimburse any other party for any cost incurred in the performance of this Agreement, except ns specifically provided for. (D) WORKERS' COMPENSATION. Each Supporting Agency shall protect support ng personnel by workers' compensation insurance which meets the requirements of Oregon law. (E) LIABILITY INSURANCE. Each Supporting Agency shall main a n n fu orce3 and effect adequate public liability and property damage insurance or self-insurance to cover any claims which may arise by virtue of supporting services. 4. HOLD HARMLESS. Each party assumes sole* responsibilityFor the torts of its own personnel and agrees to hold each other party to this Agreement harmless from liability arising from the acts or omissions of personnel affiliated with such party. 5. RELATIONSHIPS AMONG SUPPORTING AGENCIES. ror purposes of paragraphs 3 anif 4 of th s Agreements every Supporting Agency agrees that these paragraphs extend to every other Supporting Agency which enters into this Agreement with the Host City. -4- 6. TERMINATION AND EFFECT. This Agreement constitutes a memorandum of understanding and a commitment to provide the support offered by Supporting Agency and accepted and relied upon by Host City. No claim may be brought by Host City for a failure to provide all or part of the assistance offered and agreed upon herein, or offered and accepted subsequent to the date of this Agreement. This Agreement shall continue in force and effect until all matters between Host City and Supporting Agency or between Supporting Agency and another Supporting Agency are resolved. EXECUTED ON THE DATES SET FORTH BELOW. CITY OF PORTLAND Portland police Bureau If 1-46-Ka—r a er, Chief o po ce By: Sy: DATE: DATE: Supporting Agency: C ty Department Y E APPENDIX A SUPPORTING AGENCY: IACP MOU/ICA SUPPORTING CHIEF: Business Phone: Direct Phone: Pager: Howe Phone: SUPPORTING AGENCY WILL PROVIDE THE FOLLOWING LOGISTICAL SUPPORT: APPENDIX A C 1 t APPENDIX B SUPPORTING AGENCY: IACD MOU/ICA ,SUPPORTING CHIEF: Business Phone: Direct Phone: Pager: Home Phone: SUPPORTING AGENCY WILL DETAIL THE FOLLOWING PERSONNEL: Hours Available Personnel By Name!/ For Assignment?/ Capacitya/ APPENDIX B `, [Instructions Attached] APPENDIX B INSTRUCTIONS To insure uniformity, each SupportingAgency is requested to provide information in each Appendix B Column in accord with the following notes% 1/ List personnel, last name first, in groups which are separated by day of the Conference. Days are October 14 through October 20, 1988. 2/ Set forth hours of availability for commencement for an 8-hour tour of duty+ in Portland. For example, "0800 - 1400" indicates that the person is available to begin work at any time during the period and an 8-hour shift for such person could extend to 2200. 9/ To assist in assignment, describe each person with any of the following abbreviations which in appropriate, in the order listedr S - Sworn Police Officer NS - Non-sworn Police Officer D - On-duty and Paid V - Off-duty and Unpaid Volunteer U - Available for Armed, Uniform Assignment R - Reserve Police Officer C - Clerical Police Personnel 0 - Other Government Employee E - Dispatcher With respect; to non-police municipal employees, Btate work/interent/abilities:. For Examples October 14, 1988 JONES, ALAN R. 0800-1800 SDU MILLER, RANDY A. Any Shift RVU APPENDIX 8 (Instructions] 47 CITY OF TI:GARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 22 1988 _ DATE SUBMITTED: August 10, 1988 ISSUE/AGENDA TITLE: CPA 88-02/ZOA PREVIOUS ACTION: Aft 88-08/M 88-12 Durham School - PREPARED BY: Keith Liden DEFT HEAD OK CITY ADMIN OK !- + RE.QUEt:It.t) BY: - �.._._—_.-.-..._.._. - .-.__._.._......____.._._...�._ POLICY TS-SUE __....__. .._.,.,,. _..._..�.�.-...�........�........_ INFORMATION N F ORMAT�•I ONT SUMMARY Tigard School District wishes to expand the Durham Sch()t.-11 facility by acquiring some },rc�pi!rty to UK) t�iaat and requestin;I Plan and lone chantIaa to allow icor a 3ubueaquont Conditional Use application to be reviewed by the Hearings Off icor. In its moetin(3a of Aujust 2, 1988, the t>lannirq Commiaai0t-' recommended approval of they propas:al, Attacbod *r"Q copieas Of the steaff report, which includes mapa on the lsaat two t)011os, Ce>mrnias ion mirxata►a, and a draft ordinance approving the application. 11 Approve as rocona►ulr►dod, 2. Approvo wilt, n►udifici-Ationa. a , Dotty tho roqueut. HOT- tJr�tCaiE`h_,far:_rTON 1 . Appr•uva as recommendo d and mdopt thca mtt.achoed ordinance , ko/641 D 5 k 5.2 COMPREHENSIVE PLAN AMENDMENT CPA 88-02; ZONE CHANGE ZC 88-02; IAT LINE ADJUSTMENT M 88-12 NPO # 5 Request by Tigard School District 23J for: 1. A plan amendment from Light Industrial to Public/Institution for 2.89 acres (WCTM 2S1 13BA, lot 400); 2. A zone change for this parcel from I-P (Industrial Park) and for the adjacent 5.4 acre Durham School property (WCTM 2S1 13B, lot 300) from I-P (H-D) (Historic District) to R-12 (H-D) (Residential, 12 , units/acre, Historic District); 3. A lot line adjustment to combine the two parcels into one 8.29 acre parcel. Location: 7360 SW Durham Road (WCTM 2S1 13BA, lot 400). 8040 SW Durham i Road (WCTM 2S 13B, lot 300). t o Senior Planner review the proposal and explained that staff was recommending, approval, however. Engineering had concerns and were not recommending approval. Engineerings .issues will be address during the Conditional Use hearing. Discussion following regarding the Comprehensive Alan designation, the Zone designations, sidewalks, and street improvements. AP'PLICANT'S PRESENTATION � o Chuck Selig, Selig/Loa/Rueda Architects and Planning, 213 SW Ash St. Room 201, Portland, OR 97204, representing the School District stated that , they were also concerned with the public improvements and asked for v approval so they would be able to work out those details through the Conditional Use process. Discussion followed regarding sidewalks and by � what process the Tigard High School's sidewalks were constructed. Also, that the existing Durham School would be maintained. b PUBLIC 1WkRING CLOSED o Consensus of the Commission was for approval. e, Commi.saloner Newton moved and Comsiraioner Peterson seconded to forward CPA 88-02, ZC 88-02, and M 88-12 to City Council with a recommendation for approval. Motion carried unanimously by Commissioners present. 1 6. OTHER BUSINESS o Planned Development - Senior Planner Liden explained that the Planned Development section of the Code didn't seem to be doing what is wanted. The Commission reviewed approved Planned Development for Dover Landing, Shadow Bills Ii, Mallard Lakea, Chelsea Hills (formerly Shadow Park) , Benchview Entatee, Anton Park, Brittany IV, Swanaonn Glen, Vill.agt at Summer fake, and The Fountains. The Summerfiled Planned Development wea discussed. Ic PLANNING COMMISSION MINUTES AUGUST 2, 1988 - Page 3 r CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 22 1988 DATE SUBMITIED: August 11, 19BB ISSUE/AGENDA TITLE: Easement Vacation PREVIOUS ACTION: Called for Public Public Hearina - Portion of Murdock Nearing - Resolution 88-65 on Hill Public Drainage Easement PREPARED BY: Development Services 1. DEPT HEAD O1: V CITY ADMIN OKk j -- REQUESTED BY: Staff and adjoining Property owners POLICY ISSUE Council initidted street vacation requests -- consistent with Council policy as adopted by Resolution No, 87-30. INFORMATION SUMMARY 1ho proposed vFac.ation of the Murdock Hill draain4go easoment invulvtas a 1O foot wicks dr4ina,3a oasomant that woks convoyod with Lho plat of Murdock Hill, 'Tho portion boing raguestod for v.acaation is approximately 120 fcut long and crossHs diaagonaal.ly, lot & of the ploat; of Murdock Hill, 1ho ownora of lot 6 caro r'vWgUUstirk(3 thtvt tho oasomonl bis vocatod to complete dovolopmont of the lot, Prior, to rogue-stinq tt►is vacation, tho ownors havo rolocatod tho draainogo sysivm to City standarcizk 41orl;I tho north lido of the lot. Stoff has propaared A roport: which iw attochod that includos murky bAckground, findings. and rocommend;itions, ALI RNATI Vi-S CON ,Yu1 RI D 1 , Approva the ottrAched ordinoinco which VAO AtOV, this ;,4►rtikan of the Murdock Hill drainok(jo eaaaon►,,r►k (st.aaff rocommundatiun) . 2, Requ►.,st +jtw,ff tta prtpaar•e is r,F#solution donyin(I tho propusod vocaktJor) which ma►y ba Wtod on objoctlons a,nd remonstraancou rocoivod dur.irul tho public hookring, 1:Z CAL IMPACT All foot rand vt.raff tins &%soc.i.a►tod with tho procc►aning of thin vakeratiorl aro being paid for by tho City, UCCA�l:t;D_.._ACT'X bIY Staff rocr mmondv niter•n+ative number 1 with motion to a►pprovo the ordinance an prevented, ke/6A22D g 7 CIVIC T•,� • `� CENTER rI •� / %� ! MEEK I / � 1 ►�+. � •1 NtK 1 "+ t +a .�eaa. a• � �'. —P lit >, V1QV rte" fu r 2 � • • � M fWhAl '. .• 2 F{ _ Ii � J � I folk .c. K rJ r.• wir . : 1 r _ Doscribed Ares' .AMf � �\xlla•ae. TWALITY _ ,r JUNIORHIGH SCHOOL •� � . �..1�� :G I�u"Doc ST. TEMKETON t •`""• (� s'• "� CI.CMCNTARN { t 4I SCHOOL w NC1N STORM LINE tlA• t � � • ,eJ Ono a, AL CASEM@NT • ; SATTLCR � �� a y �. ..1 f,A�' ���JJJJJJ• •®ate:; _� A r w • •.v.1 �� 1 �. 4-1c"a ��w a ' I y ♦ j Ir J s So _ rurw RT, a _ f• ae, r Tr• = Sof I sr �• f Vicinity hep n.•. ` /��/ ..ri-ri rS-TT1 MEMORANDUM CITY OF TIGARD, OREGON TO; Mayor arid City Council August 11. 1988 FROM: Randy Clarno, Development: Services Managy ✓' SUBJECT, Community Development Department Report ��. for Proposed Vacation of a public Drair►age Easement within the Subdivision of Murdock Hill BACKGROUND; This pant yoar, the owners of a undevoloped lot off SW 100th Avenue were proposing to develop the property by building ei single,-family home. Two factors compl i e;voted the dovelopmont of this property. lhey wt rV: the lank of public sanitary sewer° arid th►e poor location of an existing drainAi3e system. Staff worked with the proporty owner in an attompt to overcame those problems wnd rucouunonded certain solutions. Rosulution to the sewer systtam roquirod that the owner receive approval to ait:e a soptic system on the property which is conviytont with City polity. Rouolutiun of tho drainsgo concorn roquir,od that tho owner rolocaty tho drainal3o aystom and ineprovo it to City yteandear,eis: hath of tho–so itoms would h.avo to bo addressed prior to the uwrior rucoi.vinr� a pc,rmit to vroct a humc►. 'Iho proporl.y owr►er subyoquontly submittod plAnu and dr•Awingv for approval to roluc.cao thea draina-V yyvtom And Mao vubmittod plans and drawin-jy to the WGyF►in;ttc:►r► colAnty liovalth Dop,artmont to Vito as uopLic: yyvtom on thio proporty. Tho county Itualth Dop+KrtAwnt did approvo tho rite ftsr a aoptic system with tho condition that the drainotjo syytwn► bo ruloca►t.od, this wau currt►nt;ly boinj roviowod by City staff, 1'ht,► owner than inveutod in va now underground droinAgo improvoniont rand dodivatod the necouva►ry oaTiomont to fatcilit•ato tho main►leer►aanco *and oporwt:ton of this sysipni, 1ho owners arid City staff vane r►ow rc>gt,iustin< tl►aat tho Council veac'►ato this eavwment that acc ommodot.od tho former dra►ina+fit► yyaton►, aovoraal c:onc or-nu haasvaa boon rwised by r►uielhborltvi rtasidonty r+gAf,ding tho dr-winogo and s€►wur rygtcmv in the armee. 1 h►ovo mot with those proporty ownorry atnd a►ttortiptod to +►addr,ess their concorr►s and fool that in►provumor►tm, oithor now plaannod or- which halve boon rocont:ly constructod in tho &r,(?,,* odoquaatuly a►ddross thusu c:oncorna. Thor,v wore alsoconcerns ratiuod about the City's proceany in allowing draineage) impr,ovatnontu, vacation of drainogo ciasomant», acrid iusuing building poo-mitt'. It eappo+ars, raftor looking bruck on thea events surrounding this propo%Al, that staff could hasvea dono a bottar job of nionitoring thea circumutraricav and workirwj with property ownor•s to atddreaas those concerns. �IUF, DINGS Plrannir►g Commisvion.kecommondation. The Planning Commission in required to sinker a recommendation as provided by TMC 15,08,090, On July 5, 1988, the Commission reviewed this request rind recommended that It be approved. Mayor and City Council August 11, 1988 Page Two Fire and Police Services Responses were received from both the police Department and Fire District and neither had concerns relative to service or response ti►►►e. City Utilities (Drainage and Sewor) As previously mentioned, City Engineering staff have boon actively involved in the roview and approval of plans and pormits for- drainage and sewer improvomonts in this area, No conflicts with oxistinq or proposod systorns in the arca will occur with the Vacation of thio drainage oasament, Major drainalle improueaments area schodulod to occur, just south of this proposed area and should be completed later' thi a fall, TransCaac�r anon and aital improvement Platnu Given th►► mature of thio prOpuai►d vtacultion, tho jr,a►r►upe)rtation :and Copita►l lmpr,ovon-jor►t Plans dro riot impacted, Othor. Utililiuu Reuponuau wora► rezvoivu►i Prem thp fiol1owinr1 eat.ility provide+r,u; Portland Gonoral Cloctric NW Nat:urtal Gas Ce,)ner•4a1 Tolophono COMPAny 119atrd Wator District. Wi.11aemetta Cabla IU Nono of then Above utility providers t)AVt) exiutin+.l uervi4uu within► t,ho prupouad a►rc►a to be vest-atod, Futuro uervie:uu worts not *nticiP*tod eirld e40.1 pr�ovleivr rocommonded approval wit,h0ut r'Otrainir",l 0460n►fantu, RE COMM FNOAT ,2N; Staff rocommondu that the proposed vacation bo approved without conditJor) +aa preuantod in th© *ttached or-dinanco, ke/6422D Attachment) ps CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 22, 1988 DATE SUBMITtE.D: !u st11�1968 ISSUE/AGENDA TITLE: Street Vacation PREVIOUS ACTION: Called for Public Public Hearing - Portion of unnamed Hearinq -- Resolution 88_66 on 7/11/88 ri fit-of-walar Franklin Conmions PREPARED BY: Dev_elopment Services DEPT HEAD 0 CITY ADMIN OK 12, L11 REQUESTED BY: Adjoining Prop. Owners __..,,.�.._.._._.._.__.. _._._..__.._�.._..._...._.._.. - -- POLICY ISSUE Council initiated street vacation requests -- consistent with Council policy as adopted by Resolution No. 87-30, INFORMATION SUMMARY This proposed v�,tcation is boing requested by tho adjoining property ownors, primarily the developers of the Franklin Commons off.ico cwmplerc At tho southeast cornor of SW Hall Blvd, Land SW Groenbur�3 Rood, the proposal consists of a unimproved, unnamed public: right-ofmway which waa dodicaat.od for public street and utility purw)-50s in thq� early 1900's with tho $041: of t;-.dAr� Brook Farm, The propose►d aroa also varies in width ,ind consist of two sagmor►tu t:onnoctod, ono boinq in an oast/wo5t cdiroction, zan;d ono boiru1 in a north/south direction. Who purpeso of the vacat.tur► is to roturn public ri<jht-of-woy to priv«ato ownership, t:t4aff ha►.i props*rod a ropurt which ic► attached, tF►at ir►clucdQs snore backgrtauntd, findinqu, and roc:ummondotior s, ` (11 10MATI VE S ?CUN'SI D11 Rl D 11 Appruvo Aho iattochod urdirionc%a which vovotos tt►is portion of tho unnttmod rj9hjt nr,-w.ay no,ar Fretnklin Commons arntd rogtAiroa that 4 pulAic drraim-Agt► ea►somont: k)o rotairiod over a portit:q► of tho propotiotd vavat.k-d oroji (staff rocommonkiotion), 2. Ftvquost: otoff ti.) prvpttro a resolution tdunyin< tho propo§od vocation which rutty bo banvtd )r► objoc;tions ,end rcmomtr,am-t i rucoivod durinq the public: hmring. f iSCAL IMPACT All. fivoo +and staff time is boing paid for by ,applicAnt whothree or, riot the propooal is opprovod. �_. ..... _.:__ __ ._.... . . . ,.,..: ..�. ...._. _...__._.�_. �_..:_: _. .._ OUGOESTED ACTION staff r-ecommcndm alternative number 1 with mutton to opprovv the ordinaance az provanted. ke/6422D 4 x t -•4 I lot r �•�on MA MM WE FIN i Mililt " OEM me 1 ' F- l rrl� ��■ /�1�1.�.. ►ice' �� r.a i� . l wig Ills- loom y i i K mill �+�� � � �� � �:� s„!� #fit.. `■ . , _��;; MEMORANDUM CITY OF TIGARD. OREGON TO: Mayor and City Council August 11, 1988 FROM: Randy Clarno, Development Sor-viQes Manager 4- SUBJECT: Community Development D+�partment Rvport for Proposed Vacation of a Unnamed Right-of-way noar the Franklin Commons Development BACKGROUND This portion of righL of-way was dedictAted for, ptAblie: purpo%ou with thea plot of Codar Druok Farm which was recorded in the early 1900's, Tho right-of--w,*y is all within the City of 1 igard, however, propprtiou on tho o.,kutorly aide of the right-of-wAy ares within unincorporot:od WA-shirnjton Cuunt:,y, All of the right-of-way which consiat,s► of two sipqmpntu; one running north and south and one running o4st Arid wo*L aro complotoly unimproved, rho vacation propo:;4 wasa initiaatod at rho request of ad joining property ownora, primi!eri ly the owners anti dovolopors of they lranklin Commons Commercifal Project, Doveluper•s of the Franklin Commons► comniorci.yl r'oritor aro douiring to vxpond their pro,joct to tho oast, thus requiring the vacation of this portion of riijht-of-waey, On yuly 11, 1900, thin Council init.iotod procoodin,,ls to 4onsldor tho vearation of this► unimpruvod rightn•uf-"y, RNDINCS 13,1,1 renin ;(innnknl ,ak 'omm�nd--"U-m i The Planning Commoission is r-t3quir•ead to m.akF? tv FAA-ion afl pruvidod by 'i•MC: 15,00.090. on July !;, 1990, tho Commissiun revlowod thin roquolit 'And reacommendod that it bo approved. Fire►►arid_=PalRCu Sorvicus Responses wor•ta rpcoivod from both the Police DopFartmont Arid 1'iry Dintric:.t and neithor had concor•ns reactive to cervico or rosponse time. Ci_ty_Utilitips• (DrAina►ge and :sewer) City Engineering staff have reviewed tho proposal complotoly and foal thact it is not necessary to rotain any onnempntss for public drainage or sewer along the north/south portion of this proposed vacation. Nowover, properties to the south of the prop000d pant/west portion of the vacation do drain Into a n►aajar drainage ditch along this portion of the right-of-way. Therefore, staff is recommending that a general public drainage easement be retained over the past/west portion of the proposed vacation area. Mayor and City Council August 11, 1988 Page Two j Transportation and Ca ital lm rovement Plans The proposal does not conflict with either the Transportation Plan or Capital Improvement Plan. Engineering staff has reviewed the proposal and feel that it does not play into the City's long term needs for transportation. All abutting properties to this right-of-way will have access to public streets in other locations should this area be vacated. No properties will be land-locked in terms of access. Other utilities Responses were recoivod from the followinil utility providers: Portland Oeneral rloc:tric. NW Natur-Al Cas General Tklupluonu Company Motegor Water I)istric,t willamotto Cablo TV Nona of the aabovio utility prc,vidoj,•U have► caaeintin;t oorvicou within tho proposcad anus i:o ba vac4tod. Ni.Ura sorvi.t .►s were not ont:icipatud 4rid ofAch provider rucommondod opprcival wi tt►out rotai ni nil c�Hs►++ai►>r►t.u , Tl'Tt_C 1O VACATFp.I ANDS: It ins my opinion, givir(3 strat.uor,y „;uidoliru:"a, that title it) tho proposod vacat.cad lands ,.f ih3 a unnamvd will return to thosto ad jui.n1n,,j proportius within iho pkat Of C;aciar ilr00k farm, RECOf'1MF NhATION: Staff recommcndo that thin pr0p0e0d vacation bo approved with► tho one condition that to public; drainatjta oaasomonL bo roLtainod uvor, that portion of tho voacdtion that orionted pant/west and do%cri.bod in th®r attachT►d Exhibit "B." ko/607D Attaachmont M t a CITY OF TIGARD, OREGOq COUNCIL AGENDA ITEM SUMMARY r AGENDA OF : 6122/88 DAIL SUBMIT-(LD: 8/3188 ISSUE/AGENDA TITLE: Tigard Towne PREVIOUS ACTION: Council approval of 1 _Square SDR 87-05 Amendment to landscapingL elan - --4 F _ Landscapin olan PREPARED BY: Keith Liden DEPT BEAD 6- C1 T Y ADMIN 4 RE QUE ST Ei) BY POLICY ISSUE INFORMATION SUMMARY Earlier this y"r, the Council approved a landscaping plan for tho Tigard lcmne Square with particular' Omphasis placed upon the lor,dscapod aroas abuttint3 Pacific, Nit3hway :and Durham Ro;.ad, Westwood Corporatiur► is pr'0pa3iM3 to construct a 300 square foot build;i(jtj within the. londacFapod .area along tho Pacific Nii3hw.ay between Prd "A" And .013,it l"his proposal will require the F relocotion of two of iha ir•anupl antod Doutjlmu fir' trees , Since tho Council ►nada thea final dociui.on re3arcdinq the l.anduct'01- 3 plan, t.hca pr,o oisod mitondmont st►uuld bu reviewed by the Council, Staff hou reviowod tho roquout and rococo onds+ dordrel . The.+ ProEW;'tal iu consixtent with Cutin roquiromunt.0 for, thw t, -G .rune inc:luciiriij buildin3 votbac'ku , ` lore► tappoiws to bo r►ume>ruuo optiwr►u availrahlo for locotint3 thio building in a ma►nnur tFIat does nt.)t affoc:t thea approvod landscaping plan. Tho a.ppliviAnt nutau problotmi rvlotlru3 to rciductionu in p4ir-kiniji up,aco13, how0VOt•, thea projoct for oxcoodu Codo utandardu for parkiriq. Attiwckwd iu a copy of tho o►pplicant'a roqur..ut , uit,e plcan, card the 1canducrApint3 plan approvod by ("oUriri l , �11:(;F2NE1'fLLIVF,, i't),N`,,lf)t;ht'q 1 . Approvo thea roquovt, 2 . Approver the► r►>quumt with modiflc•r+tic►nu, 3 . Dony thea rcaquout. FISCAL IMPACty SUGGESTED_ACTION Dony the request:. cn/6296D De eebpers&Cwtracto s i F e 3=S W.MoWy..Arena August 2, 1988 Rinianc�,°Re7:'°1 4s�, Reith Liden Senior Planner City of Tigard P.O. Sox 23397 Tigard, Oregon 97223 S Dear Reith: r westwood proposes placing Davis hock and Safe alone Pacific highway r as shown on the enclosed site plan. The building is only 300 square feet and is on the interior parking lot side of the landscaping area. Wo transplanted Douglas Firs would have to be relocated in order to place the building as shown, but they would be replanted in the } same general area. Hike Greer with the Greer Brothers Tree Service said the moving of the trees by them would not damage the trees and t Greer would still guarantee the livability of the treses the same as t the others they planted at Tigard Towne Square. The location of ttho building is actually a relocate on they site. The building was originally in the Northeast corner of the project, but due to the loan of needed parking at the origqinal location, we relocated it as shown. Also, by placing the building at the edge of the planter along Pacific Highway, the amount of required landscaping is not affected. Sincesreely, Gerald M. Foy Manager of Retail Development GMF/ice fA f Ft ,. ...,-, � .:.. ._- -mor+-- �s•�G.` .'r ..,_w:; «s._ ....E��- _ ��vM. - _ _ -�°i.�—�1.� I� (. .1.�+J���ak�ittfrir 7�r�>IT� +t�►T'r _ rfr +t+ !i r� Tir 1 r e 1 a , + i Itl 1!a r r 1 rir t 1 1 � ,� _ _ - __ ___-- -- - -� •i, � � � 9 � -�i��I .� -�-�`� '� f_t-(� i t ( t�7n� 4 (� i i� { i��TP_���+111+11�+1111!',{►t-+{�t��ltt{t1+#+t+1►91E�tlt►�� NDTE: IF THIS MICROFILMED -� —.— --. a _ _ 5 6__. .7.... _ 8 .. 9 !� gosh.-.. DRAWING IS LESS CLEAR THAN - -THIS NOTICE. IT IS DUE TO - I THE QUALITY OF THE ORIGINAL16. DRAWING. FE 6Z 92 LZ 92 SZ fz EZ ZZ 13 OZ 61 91 LI 9t sr t+l el 21 li 01 6 -._e___._�_. 9 s4_�-e ._._ + 'dllli(U1Hfiltidl111itiuthwlLn trl� _ - _ _ _ - JV i I Li� !may�+�c -�s I= ISL F� �I {s �T i i - 7 ...E¢- S z `. 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ZI 2t I 01-.- p L - 3,c MARCH l�$•t,z d=F . .,. - 1990 I I. I - CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 22, 1988 DATE SUBMITTED: i ISSUE/AGENDA TITLE: S 87-03 Krueger PREVIOUS ACTION: PREPARED BY: Keith L.iden DEPT HEAD OK CITY ADMIN OKEjjk REQUESTED BY: POLICY ISSUE ..��_.�__,.____..._.._____._..._�..._....._.. � INFORMATION SUMMARY On July b, 1988 the hearings Officer approved a request for a six month extension to the one year approvAl period and a modified phatiing plan for a lot; 4ubdi.vision known as Cotswald meaadow% #4, This divisiun was appealed by batch the applicant and a neighboring property owner. Attached are the Hearings Officor s final or-dgr, appeal lettoru, and comments fron► the City rn(3ineer, Tho transcript of the. hearing was furwardod tee Council on Auquut 12, 1988, _ _............. ALTERNATIVES CONSIDFRFD 1, Uphold the Hcaarings Officer doe:iuiun, 2, Amend the HoRringo Officoru dociuion, F1".•CAl_ IMPACT ,. .,.,,� ,. .,.,,,, a4lfiCt''Ti1) ACTION Hold ak ho*ring to considcar tha appoa+ls and dir•Wcts staff to prorwra a► find. arxdor, co/6437D f MEMORANDUM CITY OF TIGARD, OREGON TO; Keith L.iden August 12, 1968 � VI_,- FROM; Randall R, Wooley, City EnginvQr���l� SUBJECT,. Cotswald #4 Appeal. :67--03 COMMENTS 11 My commenta and recommendations on this project were shown in my memo t►) the Hearings Officur daitvd May 31, 1966, 71 Condition 3 of the lio"ringu Officer' s decision requires improvoments to Murray Douluvtwd, "dovoloping only tha 13501 Avenue connoction on the north 'fork' , In my opinion, it is not o0visablu to open Mur,r,dy Uouiev4wd to tr'dff3c: until tho entire Murray/135th inter•soct:ion is completed (i ,o, , unt.iI both "forks" of tiro intersection dra €onstructed) . I rvcummond that condition 3 be amvndod accordingly. co/6437D LAND USE DECISION APPEAL FILING FORM 3 AW The City . of Tigard supports the citizen's right to f participate in local government. Tigard's Land Use �� �� Code therefore sets out specific requirements for i filing appeals on certain land use decisions. I OREGON The following form has been developed to assist you in filing an appeal of a land use decision in proper form. To determine what filing fees will be required or to answer any questions you have regarding the s appeal process, please contact the Planning Division or the City Recorder at 639-4171. 1, APPLICATION BEING APPEALED: 14O ;27-02, . �,i� Doax 40*1 r � A 2. HOW DO YOU QUALIFY AS A PARTY; 3. SPECIFIC GROUNDS FOR APPEAL OR REVIEW:,_' � � lv. •��. SL4v�ec� t pa �- btu CIO Ir.- 1 -4�nt�t�l�..j 1r4V�vts 4, SCHEDULED DATE DECISION IS TO BE FINAL: hV-s 194-1461, S. DATE NOTICE OF FINAL ,DECISION WASt LIVEN:_ MK �d kq 6. SIGNATURES �- SHE#�M�1lE�1l�fK1RVHk-Ml4N#1flf#�l'#r1Hk�iHF�+-114kf(9l ��k�3{-�M-44�fN%94314i#11MMMal1i #AHI-14�4��1-M-NM a4i4#31�kN14N-14 FOR OFFICE USE ONLY: Received By,. Date: -711,649 Approved As To Form By: (' , e Date: '7�.jAj Time •!�. Denied As To Form By: Date: Tfmc:__,r �.p.�1yt�.y-�.� �r�xfHEil-4HE#�t-1F,�-x-Di-ff /J 'lii!-xiHt-ft-x-�F#iElH4�E lw/4046Fi Cil f t.G GYt r� $3r5 Z cJ�fi�-+"S[ to �✓ 13125 SW Holl Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171- LAPID USE DECISION APPEAL FILING FORM The City of Tigard supports the citizen's right to participate in local f Pa government. Tigard s Land Use C1OF T1 �RD Code therefore sets out specific requirements for filing appeals on certain land use decisions, The following form has been developed to assist you in OREGON filing an appeal of a land use decision in proper form. To determine what filing fees will be required or to answer any questions you have regarding the appeal process, please contact the Planning Division or the City Recorder at 639-4171, 1. APPLICATION BEING APPEALED; S 87-03 Z' IHf"DO Y LLQUAL-1 $1E1��30ATY� Russell A. Krueger is the applicant f the phasing plan for Cotswald Meadows IV. 3, SPECIFIC GROUNDS FOR APPEAL, OR REVIEW: The applicant agrees with the � Hearings Officer decision to approve S 87-03 granting a time extension for development and modifying the phasing plan. However, Mr. Krueger opposes Condition 3 Contained on pages 3 and 4 of the Hearings Officer decision and requests a modification of Condition 1 on page 3. Condition 3 would require the , construction or guarantee of a two-thirds street improvement to a portion of Murray Boulevard from Wilton Street to 135th in conjunction with tho developmront of Cot,rawald Meadown IV. Condition 1 calls for all construction vehicles to access by way (4. SCHEDULED DATE DECISION IS TO BE FINAL: July 19, 1988 5, DATE INOTICE OFNAL .DECISION WAS CIVE14: July 6, 1986 6. SIGNATURE(S):—0, , '.."-% �xx-x���-���*-x+c-xaf�►�x���-K�-Kati-x-x+K-►���x����xx�HM�xHN���� . r��+s-�x-xa�es-�-��x��r�x� FOR OFFICE USE ONLY: Pqcelvad By: ate: Time: rim Approved As To Form By: Daae. Time: �►. . Denied As To Fore+ By: DaatTime: N �KatKat�ttKx�tKatatitK3titititKaF�titKatj»tK xea�t�t*��K K K xat�x --- logo atK�t�t 1w/4846A 13125 SWHall Blvd.,P.O.Sox 23397,Tigard,Oregon 972231 (503)6394171 iy-8� of Scholls Ferry Road during the construction of subdivision improvements as well as new homes. Mr. Krueger asks that Condition 3 be deleted as a condition of approval and that Condition 1 be modified to apply to subdivision improvements only. 2 i.Wlief Oil A6 *8 C01SWA y,J o, ' .�#i�+' 'i.i:ro r r.� r r i +r'r.r i i 7 rT 1 1. _ _ .,, - �41_ 1.1 E J{_1 -t• �E 1 t j ff jlTi( rp tt��lt�. flv rlil t-I 1 � i7TI7rt ill +1�{w oli+Eii;li� pla�+pj,lr� j+l+ offi Alii IIIiEErlIjk-fgFit - a ' 1 s '� s C j NOTE: IF THIS disk AM MICRDFIL+ED i _ _ 7 DRAWING IS LESS CLEAR THAN ( � THIS NOTICE, IT IS DUE TO - . THE QUALITY OF THE ORIGINAL -. 16 DRAWING- Will - �fio£ 6Z BE 2Z 9Z SZ_>Z £Z ZZ IZ OZ 61 81 U `�1 _SI 41- £1 ZI i! 01 g 9 J._ 9 5 4 E —Z delGar4uduuE�Ni�istdixi�r1. �15--?..:-,�wt�•4,� - A ORiGAMAL PQDPOS-/Et .64 D / � i st , r r Lttr'• its �� ��0 �I -� _ 1 •'.1�, IS6 i65 — .: 'S.W. IIUIFORD?COURT F.�........ NOTES • i 2 161 /� 162 2 vc�[.iW.�..e.M A�l .. 2- \ 7 "I \ ` _ .✓ er>s a/ �� ). t I Y Ae. hu ER s uI J \157. .a.156/ 155 — c 1 0� }1 ...... V. ...•.....�............ _^- it � �—-�S.W. MORNING HILL se eel e: !zzs/,^, oj ...,.fyl tr 220r \221 el zz2 zzs r � .3 QE � I o 77 RCIAL SITE ��` I �- A.. e _ �.W. CAIST CT. E q/ dry//tel CIVIL ENGINEE Ia0 N.E. _. ,piyllF�lu�y1 111pp•p{�R�p of rP 1p Ip 1 i(f1� Ri IP r r 1- .. - P�1,1�Ir17IT11{7TI�IP�gi�ltt�gl)lU1rjr4r{1Np'Ilygqgl1ltl g11Ip1gr�Ip�glpU{gljNl _ ._. .. .. 2 3 4 5 6_ 7 B .. t) 024X y .COTE: IF NMMMFILE 'I _ DMMAO IS IE56 T.'IT 'i TN L9 H IQ.Ii I6 q£ro AE QMLIT7 DF TIE ORIGW,I- auMirc. _i(oc-.0 ei ez as u'K-az zz la oz si er ti ai'-si--yl---s1"_il__n—ol 6_Q_ t- o--s-_y s-_x 1,,,,• ,< �RI�INdMN�llll� .. _ _ WWWIII MARCH` Y 9 r CITY OF TIGARD Ash Washington County, Oregon NOTICE OF FINAL ORDER - BY HEARINGS OFFICER 1. Concerning Case Number(a) S 87-03 2. Name of Owner: Margery Crist 3. Name of Applicant: Russell A. Krueger Address 1335 SW 66th Ave. # 402 City Portland State 0e: Zip 97225 4. Location of Property: Address Between Wilton Ave. a Scholls Ferry Rd., immediately west of Cotswaid III Subdivisi Legal Description 1S1 33CD lot 200 5. Nature of Application: R4 uest to an a val F2riod extension and to amend the phasing plan for a prey ous Y approved -12 lo sut4wision. b. Action: Approval as requested Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: _ZL_ The applicant 4 owners ' ® Owners of record within the required distance The affected Neighborhood Planning Organization xx Affected governmental agencies 8. Final Decisions THE DECISION SHALT, BE FINAL. ON ,7uly jkj___ ttN1*ESS AN APPEAL t3 nLED, The adopted findings of fact# decision, and statement of condition can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223. 9. Appeals Any party to the decision may appeal this decision in accordance with 18.32.290(A) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and cent. The deadline for filing of an appeal in 3:30 P.M. July 19, 1988 10. Questions: If you have any questions, please call the City of Tigard Planning Department, 639-4171. 0257P/0021P BEFORE THE HEARINGS OFFICER FOR THE CITY OF TIGARD IN THE MATTER OF THE APPLICATION FOR ) a time extension and phasing plan } No. 587-03 for a subdivision, Krueger Develop- ) ment Co. , applicant. j The above-entitled matter came before the hearings officer at the regularly scheduled meeting of May 24, 1988, which meeting was continued for further hearing to May 31, 1988, in the Tigard Civic Center Town Hail. Room, in Tigard, Oregon; and The applicant requests a time extension for the development of a subdivision known as Cotswald #4, and approval of a phasing plan for that subdivision, property zoned R-12 and R-25, property described an Tax Lot 101, Map 2Si, 4Bt City of Tigard, County of Washington, State of Oregon; and The hearings ctficer conducted a public hearing on May 24, 1988, and an additional hearing on May X31, 1988, and continued the matter for an oral decision to June 22, 1988, and again continued they matter for oral decision to July 6, 1988, and the hearings officer has viewed the property and traveled the access roads that would serve the property to the extent that they have been built; and The hearings officer adopts the findings of fact and conclusions contained in the memoranda from staff dated May 24, 1988, and May 31, 1988, copies of which are attached hereto and incorporated by reference herein, except as specifically modified herein, as follows; and The hearings officer finds that the applicant has represented as part of another development that he will build the 1 i extension of Murray Road from Wilton Street to 135th Avenue. As 4 it appears from the evidence in this matter that a permanent access to Scholls Ferry Road will not be available for some years, the hearings officer finds that the improvement of the Murray Road Extension from Wilton Street to 135th Avenue provides a critical outlet for Cotswald 44. While the traffic from 4 Cotswald #4 will then use 135th Avenue until the balance of the extension is completed, the hearings officer does not find that the applicant should, in addition, participate in the 135th Avenue LID, which assessment formula is already set and construction planned for this season. The hearings office is not prepared to place a moratorium on all development in this area until the Scholls Ferry accesses are available. However, the applicant0a now phasing pian pugs the majority of the proposed single family units in phase I, leaving only a small number to be developed as ,part of phaae 11. The hearings officer is aware that developing the Scholls Ferry Accaas in conjunction with a small number of lots during phase II will be quite costly to the applicant on a per capita basis, but the applicant is assuming that burden by requesting the revised phasing plan at this point in time, taking the bulk of the development into phase I. The applicant cannot, however, defer addressing the traffic problem completely until phase II is developed. The hearings officer finds that the best use of the applicantOo resources to address these access problems, in conjunction with prior representations by the applicant of his intent to develop a portion of the Murray Road, extension from MOM2 Wilton Street to 135th Avenue, is to require that portion of the extension now, to serve phase I of the subdivision. The applicant has avoided one assessment (the 135th Avenue LID) by its general promise to develop this portion of the extension, and will (by this approval) be deferring another significant assessment for the Scholl•s Ferry access. it is now time for the applicant to perform on its promises, and address the access problem created by its desire to develop a large portion of Cotswald #4 before the Scholls Ferry access can be developed. NOW THEREFORE IT IS HEREBY ORDERED that the application for a time extension and a revised subdivision phasing be Approved subject to the following conditions= 1. During the construction of the required subdivision improvements and during construction of residential units on the lots, all construction truck traffic Ghall be required to access the site directly from Scholls Worry Road, to the maximum extent allowed by the Oregon State Highway Division. 2. Prior to or concurrent with the recording of they plat for the first phase of Cotswald #4, street right-of-way shall be dedicated between the north boundary of the firat phase and the right-of-way of Schollo Ferry Road. The right-of-way dedication shall follow the proposed alignment of Duraley Street botwoon the north boundary of phage I and Clanfiald Street and the proposed alignment of Clanfield Street between Duraley Street and Scholls Ferry Road. Street improvements on the portion of the right-of- way outside of phase I shall not be required as a part of phase I, but shall be required as a part of phase II. C . 3. The applicant shall construct or , guarantee the 3 a construction (in a form acceptable to the City Attorney) not less than a 2/3 street improvement to the extension of Murray Road from Wilton Street to 135th Avenue, developing only the 135th t Avenue connection on the north "fork", to a street standard approved by the City Engineer and in accordance with the approved preliminary plat of proposed Chalford subdivision. &. The right-of-way requirement of the original condition #5 is amended to 45 feet from centerline. 5. Any extension of sanitary sewer facilities beyond the city limits of Tigard shall not be approved until such time as the applicant has submitted written evidenco that the City of Beaverton has approved such sewerline extension and that the City of Beaverton will accept and maintain the portion of the sowarline which is "ide the city limits of Tigard. J DATED"thio day of July, 1988. ' r` W It ING$ OFFICE ROVEp� ry �' Ig 4 MEMORANDUM CITY OF TIGARD, OREGON TO: Keith Liden, Senior Planner May 24, 1988 FROM: Randall R, Wooley, City Engineer/20 SUVECT: Cotswald Meadows 44, S87-03 Krueger Development Company has requested a modification to the earlier subdivision approval for Cotswald Meadows #4, The request is for a time extension and a modification of conditions to allow the approach to Scholls Ferry Road to be constructed at a later data. A revised preliminary plat map has also been submitted. The requested time extension causes no problems; however. the requested revision in phasing and the revised plat map do raise some conco rns, The proposed so'odivision includos an access to Scholls Ferry Road, a State highway, A parmit from Oreagon Departmant of Transportation (ODOT) is roquirod. The applicant indicates that, in order to moot ODOT requirements, right-of-way must be acquired from other propar•ty uwnars. However, my discussions with ODOT indicate that they are willing to modify width raquiromo nts vufficiontly so that then required improvar,�ants could be made without right-of-wa►y frore other property ownors. I hAva avked Mr, Menoehan (attorney for the applicant) to supply additiona� information to help rosolve this apparent conflict in understanding of the improvement noeds. The previous approval of Cotowrald Meadows 04 was n►ade with the expectation that am access route would be creamed to Scholls ror•ry Road. The accoob to Schono ro rry Road wao expected to docroavo the traffic impacts in the existing residential o►rteaas to tho €a►ot. on Morning Hill [hive and Ashbury Lai-to, Without tho octiollr► Torry Revd cor►npction, tho additional 51 lots proposod in PI►oov I will gonora►to approxi►nately IM okilditional vehicle+ trues per day. Initially all oaf those trips will be on Morning Hill Drive and Auhbur•y Lane. Nauthwaot Wilton Street: providas at future, pot€ntiosl a►cceso to the South to connact to the Futuro a►lignmont of Murray Boulovarrd. ilowcavor, until Murray Roulevarrd Is constructed, thore is no connQvtfon to the south, Currently, the rosidtantial devolopmant olorn Wilton Stroat must Avo use horning 11111 Driver for it s access. the schedule for construction for, Murray lloulovtvrd is currently unknown, Memo to Keith Liden Page 2 May 24, 1988 It is City policy to require multiple access points to developing residential neighborhoods. The reason fur the multiple access points is to avoid having too great a traffic volume on any one local street and also to provide alternative access routes for emergency vehicles. Street capacity is seldom a problem. Local streets have the capacity to carry a great many more vehicles than are usually considered acceptable on a local residential street, Morning Hill drive and Ashbury Lane have the capacity to carry the additional traffic. from Cotswald Meadows 04; however, the additional traffic volumes are likely to be unsatisfactory to the residents living along these streets, If Phase I of Cotswald is allowed to devolop without an access to Scholls Ferry Road, there is no guarantee that the Scholls Ferry access will ever bo provided. The supporting letter from Mr. Monahan suggests that the access would be provided at some future date when other property owners in the area choose to redevelop their properties, Such redevelopment could ba many years in the future. The timing of development of Murray Boulevard to provide an aaltornate: access to the south is also unknown. Construction of Murray BoulYavaard was previously pruposod as part of as local improvement district; however, Murray Boulevard was deletud from the LID at the raquost of Mr. Krueger. At that a time, Mr. Krueger ouvurod the City Council that he would construct the Murray Boulovaard extension at his own cost in conjunction with other planned dovolopmont in thea area, Recently, Mr, Kruugor hats indicated to uu that the construction of 3 Murray [Boulevard is unlikoly to occur this year, Thea schedule for complation of Murray Bouloviard is depondant upon othar development, nand o schodulo unknown + at this timo, , 1 A local improvement district. has b*Qn formed to provide improvoments to SW 135th Avenue, The improvement district boundary includes all propartlos having Choir primary aaccoss from 135th Avonuo, 'rho Cotswold Mogdows ,r14 prop000d saabdiviiaion proporty was dolot:od from they 11D with tho axpoetation that Cotdwaald Moaadows N4 would hvvv it's primaary accoss from Scholls f trry Road anal would paarticipaaLe in improvomonts to Gcholls Forr•y Road, It, aas proposed, the aaccato to Cotswald Mvaadows #4 is going to by from Mth Avonuo for &n extended time period, it would scream appropria►to for Cotswald Meadows #4 to sha+ary the cysts of 135th Avenuo LII along with all thea other proper-t.ivs accessing from 135th Avanuea. 'Tho aassa.ssmonts in thea 135th LID wora basad on potontiaal for traffic genoration. Had thea proposed Phnsea I of Cotsw�+ld Meadows 014 (53 lots) boon included in thea LID, it's astassmaant shara would have boon 4,49076 percent of the 1.10 cost or an Pstimittead amount of $50,520, In the original pleat submittal, othor potential st•root extensions to than wort were shown, 'rhe e±nginouring staff head rocommvnded that the! street Qxtensions be modified to Clatter ali�3n with existlrq properties to the wast to that future► exterations of the streets would not create unusable parcels of land, Condition 03 of the original approval required that the aipplicaant: demonstrate that the westerly extensions of SW Corston Street and tl'W Morning Hill Drive are logical with respect— to existing adjacent property liners. The revisa_d plat submittal, however, has totally deleted these_ street extensions, apparently on the basis that the property owners to the west do not currently favor extension of the streets, It is understandable that the current owners do not favor extension of the streets. However, in rapidly developing areas Memo to Keith Liden Page 3 May 24, 1988 of the City, we frequently find that property ownerships and the plans of the property owners change over time as surrounding properties are fully developed. if potential street connections are not provided between adjoining properties, it is difficult to provide a logical and satisfactory street and utilities system at: the time of future development. Perhaps there is a way to reserve the option for future street extensions without actually constructing the stub streets at this time, One method that has been used in the past is to plat the street extension as a buildable lot rather than as a street right--of-way; the lot is then transferred to the City with an agreement whereby the City will return ownership to they original developer if it is later determined that the right-of--way is not needed, If street extensions to the west are not to be provided, or if provision is to be made for the street extensions to be possibly deleted in the future, then the street and utility systems in the subdivision need to be re-evaluated. The revised plat submitted by the applicant shows a series of knuckle curves whero the previous stroot intersections had boon. A knuckle curve is a sharp, 90 degrees curve at loss than standard curve radius with a widenod area on tho outside of the curve resembling a cul-do-sac bulb. The revised plat proposal indicstos t-hroa such curves on SW Bursloy Stroot, Enginooring vtnaff discourages the use of knuckle curves for ro*suns of safety, The knucklo curve # dee not provides adequate sight distaanro for motorists, They area dosignod similar to an intersection but they operate as sx curvo along the stroot, without intersection control . The City's, davolopmeant code roquirou a< minimum radius of 100 feat on curves on local stroots, Tha knuckle curves provide lays them half of the code roquiremont for curve radius. If street extensions to the wast are to be deleted, a new play should be aubmittod, Tho rovisead proliminaary plat indica►tos as sanitary sowear eext:enuion #across Scholl* Forry Road it►to Boavorton, Whore local sowors cross jurisdictional broundor,Jou, a► joint agreement is needod to covor maintononce of tho sower linej, Tho various subdivisions of Cotswmld Moodows haavo been developed by KruQgor Davolopmont Company under a tentative plan that would hava provided acccass for then neighborhood from 135th Avenue, Murray Boulevard, and echolls Ferry Road. To daat:o, only the 135th Avenue aac+cerss har< bo an providod. At tho timo of approval of Cotswa►ld Moadowg 1/3, it oppee+*red thaat an aadditionaal aacceesa to Murray Boulevard would ba provided in the no*r future, Howevor, the Murraay Boulevard accesu has not yet been constructs►d. It. is now ;1ro;loge}d to also defer tho Scholl% Far•ry accass for an undo Lermir►yd Lima. I conclude that the additional ae:cass points to Murray boulev&rd and £+cholls Fdrry Road are nooded to keop traffic volumes on theca local stroots of this neighborhood fit acceptable levels and to provida arltornate access routes for ermorgency vehiclras, consistent wi.ih City policy. It apps►arm that the applicant: has control sof adequate property to make the nodded street. impt'ovement:s. Memo to Keith tiden Page 4 May 24, 1988 Recommendations I recommend that the request: for amendment of Condition #4 relating to timing of construction of the Scholls Ferry Road access be denied. However. should the requested amendment be granted, I recommend the following conditions: `' 1, During the construction of the required subdivision improvements arid during construction of residential units on the lots, that all construction truck traffic be required to access the site directly from Scholls Ferry Road to the maximum extent allowed by the Oregon State Highway Division, 2, That the applicant pay a portion of the costs of the SW 135th Avenue local improvement district, said portion being 4,49076 percent of the LTD costs, said share to be paid either as a direct contribution of ;50,520 or as a guarantee to pay an amount equal to 4,49076 percent of the final LTD costs, said guarantee to ba in a form acceptable to the City Attorney, 3, That extensions of proposed Corston Stroat and Morning Hill Drive be provided to tho west in atccordaneu with the original plat, modified to align with existing property lines, 4. That the right—of-way requirement of the original Condition► O be amondod to 45 foot from cunterlina. 5, that the performance at*suranco for Phase I *hall include ossur tnce for futurn construction of a connection to Scholls Ferry Road, 6. That any oxtonsion of soniti+ry sower focilitius boyond tho city limits of Tiqatrd *hall not occur until such tima a* they Citios of Ttg4rd and ttei*varton haws oxocutod &n agroottiont for the joint operation of such a linin, ht/49M t MEMORANDUM CITY OF TIGARD. OREGON Hearin.s Officer May 31, 1988 ��----�� FROM: Randall R. Wooley, City Enginee�.�,�j�,1r. SU83ECT: Cotswald Meadows N4, S87--03 On May 25, 1988, you continued the hearing on Cotswald Meadows 114 for a period of one weak to allow us to collect additional information, This memorandum is to provide that information, Based on the information obtained. I hava also revised the staff recommendation on the project, On May 26, 1988, the applicants arranged a mooting with Lee Gunderson of the Oregon Department of Transportation (ODOT), At that meeting, we discussed alternatives for access from Cotswald Meadows to Scholls Ferry Road, Based on that discussion, it was determined that ODOT will not allow access to Scholls Ferry Road until a left turn lana is constructed, After discussion of a number of oltarnative plans, it was further determined that it is not feasible to build a loft turn lane in Scholl% Ferry Roan+ until additional right--of—way or oa+aements can be obtainod from vevoral adjoining property owners. it appoars unlikely that the property ownars would be willir►g to dedicate or Sall the required right—of—way at this time. ODOT is not able to use it's powors of omminent domain in conjunction with a privata development project. Therefore, it appears that a street connection between Cotswald Moaadows 114 and Scholls FArry Read must wait until some future Lima when gunoral reconstruction of Scholls ferry Road has occurred or until other proporty owners in the areas choose to rodavelop their properties, You had inquired wheat yeeess conditions might be plaacod on future rodevelupmont of tax lots 1801, 1202, sand 1300. Mr, Gundursun or- ODOT indicated that thea accepss conditions would bca dopendont upon tho extent of duvolupmant proposed. 11owovor, wore the proportion to bo radovalopod ass multi family residential unit#, ho would expect: that a minimum condition would bo widanin<;1 of schoils Torry Road to provido loft turn lana, It is likoly that conditions would be pla►ccd on the dovelopmont to require s+onio typo of joint; driveway access tAgrooments botwoon the properties in order to raduca the taumber• of driveway aacceso polvits• The question was also rani#ed about pa proposed subdivision which has r(ccoivrd preliminary plat approval in the aar°a±a immediately south of Sumnerla►ke Park, The subdivision, known ars Village at Summer•laako, will initially have no direct access to Scholls Ferry Roitd. Sema of tho traffic from the subdivision can be expected to use 135th Avenue for access to Scholl% Forr•y Road, The subdivision is outside the boundary of the 135th LID and was not required to participate in the LID, The Village-at Summerlake does have direct access to 128th Avenue, which is a part of the north-south minor collector street system shown on the .Tigard Comprehensive Plan Map. This minor collector street will be extended into the Village at Summerlake subdivision. Constriction of the minor collector street in the subdivision is a condition of the subdivision approval. During hearings on the 135th Avenue LID formation, there was discussion of including the 128th Avenue area in the LID, After considerable discussion, the City Council decided not to include the 128th Avenue area in the LID, on the basis that the 128th Avenue area has and will be participating in construction of a different portion of the collector street system. In establishing the LID boundary, the Council did not include all properties with potential access to 135th. They did, however, attempt to include all properties having their rix access via 135th Avenue. Within the 135th LID. the Council did include certain undeveloped properties which will eventually have their primary street service from Murray Boulevard. These propertieg are currently being developed and it appears that it may be some years before Murray Boulevard is completed to fully servo these properties, In the interim, these properties are expected to receive their service primarily from 135th Avenue, Those properties were included within the 135th Avenue LID, but were given a reduced assessment rate of 50 percent of the rate of other properties within the LID. Through the LID, these pr.Npertios will help to provide the improvements on 135th Avenue, however, thaso properties are still requirod to participate in the usual manner in the improvements of Murray Boulevard adjoining subdivision davolopmonts on the properties, In my memorandum of May 24, 1909, 1: raised soma concorns about the proposed straet alignment of Cotvwald Moaaadows X14 In tha 'rovisod plea submitted by the applicants. Specifically, I raised objections to tho proposed u+ve of 11, "knuckle" curves. Since that time, I have koArnod that I was operating without full knowledge of past staaff reviews of this project, In 'Tuly of 1907, the stuff reviewed the proposod plan currently baing subamittaad by the applicant, at that tinso, staff rsived no objections to the knuckle curves, Since July of last year, tho applic:sant could roavan+ably have assumod thea tho staff would not objoct to thio propovod oligrsmer►t. Tho rapplic*nt has akppasrantly pray€todod on that baasis, Thorafora, I withdraw my obja€tions to the proposed knuckle curve olignnwnt. I apololima for ony diffi+:ultiou which have boon caausod by inadoquate communication among tho City's ariginooring staff. Mr. Bancroft, engineer- for the r►pplic^nt:, haxs pr•ovidud mo with Additional material r+agaarding tho proposod iowor lino axtonsion into tho City of Donvarton, City of ElQ&vertoro oapprovol is stall required; however, it my be possible to obtain OoAvrar•ton opprovamal without: on intQr-local agr•o"ont botwoon tho t;wcy zitiOs. Cone.lusiono: Based can the additional irafurmatJom obtained, it, appears that it is not feasible At this Lima} to pr-ovide a street connection to. Scholl% Ferry Road, It may be some years before such a connection could be provided, In planning for the neighborhood, it is still Important to assure thait a connection cash be provided in the future, Also, without the connection to Scholl% Uerry Road, it, becomes more Important to encourage completion of the Murray Boulevard `Y connection between (35th Avenuo .and "khoalls rer•ry Road so that the Cotsw.ald nei-lbborhoo d will have t4ro r-lternAtivee access southward via Wilton ;treat, Recommendations: (� I now recommend that the applicant's application for a time extension and a < revised subdivision phasing be approved subject to the following Conditions: 1. During the construction of the required subdivision improvements and during construction of residential units on the lots. all construction truck traffic shall be required to access the site directly from Scholls Ferry Road. to the maximum extent allowed by the Oregon State Highway Division. 2. Prior to or concurrent with recording of the plat for the first phase of Cotswald Meadows N4, street right-of-way shall be dedicated between the north boundary of the first phase and the right—of--way of Scholls Ferry Road. The right—of-may dedication shall follow the proposed alignment of Dursley Street between the north boundary of phase I and Clanfield Street and the proposed alignment of Clanfield Street botwesan Dursley Street and Scholls Ferry Road, Street improvements on the portion of the right—of—way outside of phase I shall not be required as a part of phase I, 3, The applicant shall pay a portion of the costs of the SW 195th Avenue LID, said portion being 4,49076 parcent of the LID costs, said share to be paid aithar as a direct contribution of $50,620 or as a guarantee to pay an amount equal to 4.49076 percent of the final LID costs, said guarantee to be in a form acceptable to the City Attorney. The requirement for contribution to the LID shall be reduced by 50 percent It. prior to recordinn the plat for Cot.swald Meodows #4, thy+ applicant provides parforma<n4a assurance for construction of Murray Boulevard between 185th Avenue and Wilton Street in accordaince with the approved preliminary plat of proposod Chalford subdivision. 4, The right-of-way requirement of the original condition Na is amended to 45 feet from conterline, 5. Any extension of #onitwry sewer facilities boyond the city limits of Tigard shall not bo arapr•oved until such Limo acs tho applicaint has submitted written ovidonco that thu City of Uoovorton has approved such sowerline raxtensiun and that the City of twavartom will a►ccopt aro maintain the portiom of thv scawerlinta which it outside the city lin►ito of Tigard. cD/a070D Y T, C31SWA 3 t PRE1 nsEt, VOsl, — NOTE: IF THIS MICROFILMED �t v.. - 2 3 4 __. ... ._ ..S _... -... $.._. Oft Am r _. • DRMING IS LESS CLEAR THAN o�' g _. .- THIS NOTICE. IT IS DUE TO I ...- I Tk£QUALITY OF 7?E ORIGINALDRWING- � - 3 of �AIFttUBH�MMe�ztlS�ZM� LZ 9Z SE Z EZ zOz Bl � el Z!" AliA--i S q--- _.._ - - ----- __. f w - .. .. •_... _:._ ........ ':.c �,3,s74-737-�`*�io �'"v41"`'. UOTWALD WE;it:t RE 4 .7sa,,__ _ _F_ A 14iF 5E=_cL "E T 0 wl. Irt -OR-- D(k 41 ec ; !to 7c C) 'AX LOT A -33C l3o2�M P ISI CLIFFORD o. STRANBURG VICINITY MAP s­lc I'- 2000l _214 -r IGO OWNER-DEVELOPER KRUEGER DEVELOPMENT CO. 1335 S.W. 661h,UNIT 402 PORTLAND.OREGON 97225 yl $.w 8_ULI7_0RO iFKR_T PHONE: 297-3349 216 1. ..................11.......... 1- NOTES 159 1603/ ! 2. a­­ 217 161 - ae PROPOSED USE Iez 1— —1 ­ AREA 13.89 ACRES / ­ ­­. DENSITY 5.18 LOTS/ACRE N0.LOTS 72 CH. , f HE 4. A­­­ LEGEND TAX LoT z s..it.,y SO_ 1300,MAP ISI-3,1\- 1% H. MARILYN D. HOFFER ............Storm Dram MARL 157 156 155 s\ 8­d.1,PHASE I p 15 NNNOM 21s .......... 25ILL ..... S.W. VORNItIN_G 'H , 220 50 0 '22 2 Pq C) 22 222 R •0e3: e.b No.: aos�81 COMMERCIAL SITE /S. r1IST­CT. R.E. BANCROFT a ASSOCIATES, INC. \I 1 `1 I I r / / / ��� CIVIL ENGINEERS -LAND SURVEYORS PLANNERS 140 N.E.3rd Ave.,Hillsboro, Oregon 97124 648-4101 I "'plyppyl WIFIFf 9 T" s a .r a 9 11 12 ry W.V7— THI�nr OF THI Ool 2X - MARCH I !Si ULJ990 Jm MEMORANDUM VL CITY OF TIGARD, OREGON 10: Honorable Mayer and City Council August 12, 1988 FROM; Loreen Wilson, Recorder SUBJECT, Krueger Appeal lranscript Attache►d is the transcript for the Kruage►r +zppe+:al hjoariraj which is ?chodulod for August 22, 1900 Council n0'Ptin,7. We are forwarding this to you early to givca you moro Limo for r ovieaw ainco it is 94 p.,4ipu lurq. Tho rust: of t-he; TRANSCRIPT — May 25, 1988 'l ftE'Iit MASON: Okay, I'm going to call the meeting to order. This is Wednesday, May 25th, it's 7:00 PM. We're in the Town Nall room for the City of Tigard. This is the time and place set for the regular agenda for the Hearings Officer. My same is Seth Mason, I'm Lhe Hearin.3s Offic:ur for the City. On ally left is Keith Liden, who is the Planning staff representative. We have two items on the agenda this evenincl. We'll take them in the order in which Lhey appear. The first request is a request: by Krug.*ger Dovelopmont for a revii;ion to a subdivision approval which w:,,ja approved by this Nuarings Officor, oarlier, about a ye+r ago, to phase the dovolopmont and io extend tho p riod during which this subdivision can be plattod, M.;cy I havo tho ataff roporL? K(A'Di L.11)EN; 1ho applicant h.as prop()-;ed ta+o bauic things; ono is to gest. a ;;ix month oxtonslon (garblod) . . . appt,ov4l would be valid. Any (city approval typically hers a reoriocd of ei year where tho approval C"An bo oxarvixoed orld if' it gooa; boyond ,A ono yooir poriod (,34Arblod), 1ho Codo door provide th:At .an wr`plivant can ova for a t;- month oxt.onsion 1.o that. opprovFAl Fit,riod tined pr,im4r,ily all tho opplic4rrt (ti;W tape 1;4,ops f,.rdirq in 4*rld out ol.thur• t.uo low to hoAr or. vary loud and clear) warr.vnt oa now propo;itill , 1ho second Wpae-t of t.hca rocauost is to modify tho p,has+ini of tho dovalopmront:, flit) propt.11+.4 originally called for. <a p>h,ano t,f, r>1 lr�t'; s;ubid.ivari,ic,r► roquout ing of a ph.*so including moat; of t.hu v<outhor•n portion of tho proporty firctt; tho uo(-.<and pieclso (garbled) as port of Nh«iao ?- Por►dy WC)Olc�y, tour (::l (.y triglnoor, bars prcapacrrad A 11101N) with .1 p►ac:kot, of matorialg gu,3gontIong on, 011,114 MASON; Okay W,. Mr, Wouley. RANGY WOOLLY: 'Chink you, 'two corwornu roally with the, propound ►vvisJon. Ono !g thea tllt;cef014 to 50101111 and Another Ju just to clarify tho interprutatio!, or, underutnnding of tho condillonu can thea oorl.lor oppruvol relatinq to othor si;r,caety that were to be vtubbod out to the wont to provide, rutontikwl for other routeu to Scholl% p'crry Rood in the futures, 2 hnva a concern herca in the Cijtsw++cld neighborhood than we have now only two access voids out of the neighborhood bath to 135th Avenue. A kited of master, plan for this neighborhood gilled for also an access southwarrd on Wilton Street to Murray TRANSCRIPT -- KRUEGER S87--03 - Page 1 Boulevard. which does not yet exist, westward to Scholl.s Ferry Road would be consistent with our typical residential neighborhood planning to have multiple rr access routes, fuse the traffic so that we don't have traffic volumes on our 1. local streets and to provide alternate access routes for emergency vehicles and in case the streets close for construction, that type of thing, both safety issues in the neighborhood. We felt that the access to Scholl$ Ferry Road for this neighborhood was very important and now if the previous approval is modified so that we don't have that access, we'll have the entire neighborhood, Cotswald 1, 11. 13I, and IV, accessir►g to 135th Avenue through only two streets, Scholls Ferry access is kind of frustrating to me this week, I thout3ht I could make some calls and have our staff do some research and come to a definite conclusion k)f whother that was an impossible condition to meet because of the State highway roquiroments. Instead our calls only raised more questions than anawers, Wo'ro gutting diffor-cant opinions hero of whethor the State highway accoss can be done or not. under they State's rubes. Mr, Uancrofl, the onginoor for tl►o project. wins just tellin,3 me that; ho didn't ,3wet A chAnco A jAin today to talk with the lii;ghway Department and he has a feulin") that thoy will indicaeto in a lot.tor liator this wovk that thore varo r4 -- ons why thaet occosu can' t bo built aaL thio t:imo, 1. w4asn't part of Lheat convorna►tion and 3. don't know whet that lottor will spay but tho convoroatlon 3 hied yostordoy tj{avo mo is little difforont improusion. I'm not sures how t,.; revolve that issuos oncopt to wait Arid to Aclu►ally hfAvo ca mooting with tho Hiijhwa►y OwpaertmoriL to find out what thoy'ro propouinq and whet car► be done+ to modify that oc.coaa tea Schollo Forry Rood, OLT11 MASON: Thor* witsn't: timw botwoon March 11nL ratio now 10 heivo that mooting? RANDY WOOLLY, The► application than wo roepivud w�t Intor thiar► March 31»t rand, BETH MASON: Murch 31st, The initial lotter from Bancroft requesting tho change (t*po fadoo), When do you think that meeting could occur? RANDY WOOLEY: I don't know about the tinAng, My involven►ent in it waA much Later than March 31st. BETH MASON: When do you think that meeting could occur? 1. TRANSCRIPT -• KRUEGER S87-03 — Page 2 RANDY WOOLEY: T would expect it could occur within the next week. BETH MASON: Mr. Monahan, I'm inclined to continue the matter. It sounds to me like we have incomplete information. Both the City and your client would probably be best served by getting one statement, one story out of the State, rather than us trying to figure out from this end what the State does and doesn't want to do. BILL MONAHAN: We tend to agree that there is r:onfusion on the matter in what the State's interpretation is, We think, though, that the information that Mr. Bancroft has from asking a pointed question to Lee Gunderson of the State as to whether or not Lho proposed improvement could be done in the existing right—of—way really answors tho question for now, HLTH MASON: But I havo our own City pooplo uayin;q thaat they slut a different impruxsion from yostor-day's convorsation (tape fr,0e4) obvia%usly 1 have nothing in writin3, I think I'd like, to aurasonl�+ihi+'a3 from the St;4ata reacher than avoryonu (tape fadoo) what Mr. Gundy►roon (tapo fod,04), BILL MONAHAN: Wolru buin<3 ►,livon an Ausura►na:o by Mr, Gundorvon that ho, will get us a 10;t.or tonworrlow, 1ha pr•oblom for, eas iu the iasuoe+ thrat. F►:auw bvvn rraitod by the City +arra onou tF►.at wo knvw about and wu'vo boun trying to r,o%olvR will► tho City and Mr, Gundoruk,n hau L►r►rr.n avoilablo frir• vorivorbations with ono panty but not both partiov . Wo think that t;hrar'ra i+a a povaibility that wry reran pr000nt both €►iduu of tho quout:ior► for' you t0flight Fold if Mr, Gundorton' s lottor bo*ru out what our fiirlding wase th,*t tho projoet Could bo approvablo Arid what wo would 10ok for is it tor►tativo approval pondinq tho latter tomorrow being racoivod 4nd submittod to you for, your rraviow and approval, 00H MASON: Wall, Mr, Monahan, I know it hasn't boon that long since you worked for the City ,and you know how tha staff hate# to be at a disadvant*g0 in their presentation, and they would prr_►for to havo complete information t.hemsolves in fashioning thoir recamenendaation. I am reluctant to put therm in the position of tor►taative recommendation subject: to what the State's going to say and then getting a letter later and not having a chance to respond or revising their recommendation, I'm not considering a lengthy continuance, I was thinking about one week, setting this over till next week. Perhaps your client and the City can find time in their schedule to coordinate sometime in the next week. TRANSCRIPT — KRUEGER S87--03 — Page 3 t BILL MONAHAN: I think we can certainly do it within a week. I think. . . BETH MASON: If nothing else, how about a telephone cunference call. I mean that's. BILL MONAHAN: I think it's achzk?v�ihle for us to even do it tamorrk�w. 1 wonder if there's an opportunity to continue the hearing until tomorrow � evening. BE'1H MASON: Thursdays are difficult bocauak> they'vo resc.hodulod this room for, a Municipal Court on Thursday nights, which is a prilblem. I have difficulty tomorrow as well. Do we havo an agkind;a for tate lst? We could schodulc- this for tho 1st, You'd be the only itom on thu cgondo, that's one weak from today. DIt t. MONAHAN: 1 wondk)r if, it sounds liko tho first is svatixfac.tory to Mr, Kruatior to continuo to rouolvo this lss►uo on $0iolla Furry Road. l wonder if t sinco ti►o noxt hc►tarin;7 isn't. tic hoduIod Lit It,i1 0;00 ii' wo could covor Uolliv of tho othor isxi.ios on this so i.h,at: wa could limit t.ho disk:uaoiion on t.hc) jut just to thea Sc:holls Vorry Road quastion. WJ1i MASON: No problom, tlofur•c) wo c•onLi.nu44, l tip►n't; know, the fulka in the saudionc v, 1 don't know which item yuu'ru h►,rk+ for, if you'ro hark, for this i ton►, UN]t)E.NIIi7Ctf A001t:NCV MtMtll:R; WoIt--a tall bora fkfr• tho Kruojor ►nwttvr, t!t 1N MASON: ukcwy, till right, bcac;w►eno 1 wau qofnq to s+wy if you're hot'o for- thtt *Jexac.o item, thitt doosn't stArt until 0:00 and you car► comfortably t3o ,aw,wy.. All right, go you undorst,xnd wh,wt I ,fust did. Wo'ro qui ng to continuo with tho htrtrring tonight, thore's two p+wrtrs to his rvquost . Ono is tho phiwsing part which Is vumowhat rolatod to tho dovolopnu►nt of Scholls 1:'orry ,and the other is for u tirr►ta oxtonsion to build out thin subdivision, 7 cuntinuod a decision, arctunlly, 7.'vc continued tho hW+wring on the issuo of the development of the access to Scholls Torry to Juno lit at 7.00 PM, this room, go that wo have an opportunity to got a clean• statement from the Stade of 8 Oregon, Department of Yr•arnsportation, about what their plans are for fkholls Ferry and how the approval of this subdivision and the road improvements associated with this subdivision can be coordinated with the State's plans, TRANSCRIPT -- KRUEGER S87-03 — Page 4 though there will not be a decision tonight on that point and I encourage you all to attend the meeting next Wednesday. This is the only notice you'll receive. Okay, back to the staff. Is there anything else you wanted to say right now about the Scholls Ferry issue, understanding that we're going to continue the hearing on that to next Wednesday? RANDY WOOLEY; The 'Scholls Ferry connection, no, we might pursue the clarification of the other condition regarding the stub streets if you wish to have that discussion tonight, i RITH MASON: Okay, why don't you tell me what you have t.o say abt�ut, tell me i again which stroets we3ro plannod to bei stubbed? (cannot park up than r•csp+anuv - mike not tin?) HkTH MASON; Okay and that Oration Strt'aat dr)uar►'t o x;,,st: on this now plan, it, u part of Hoordsloy Road. ► 1 , (cannot pick up tho raspunxo - niika not on?) f I . BrTH MASON: You havaa a gt', E NEI;TH LIOL:N: Thea plant m,ap thatt' n on tho ri<iht (fAdOv) xoroxetl ec)py that you havo (faadQa) . . , RANDY W0OLEY: the oaarlier aapg,►,ovaal t.her*a was a condition which l boliovo had boon our, goxtod by tho ('riginoor,irg st.a►fr that thea atUb str-oots bo reviowod or, ro►aligned to haavaa as logical tonnrCtit►n with thr aaxistjraq pr•oper•tio% t.o thea wast. Our intorprota►tion of that wati th,rt thery Should bo a►djus►t.wd so t.h,at they matehod 0xistirg proporty 111►06 so that 1f they wor•o Oxt;candod, thoy would 109l.e411y match up with thns,� lots, (taApo fa►dos) Ono lot hare, that's tpri feaat wide, wouldn't be a 1091cal lot (taapo fades) that wax what way thought we were talking about, From whmt: I'm hearing this Past wook, por•haps that's riot tho interpretation that was road into our comments last time during the public hoaring. There+ are those who thoutit that: the meeting of that logical connection moans; was it favored by the applicant and the neighborhood property JC owners or not, and indications are right now that they don't favor thatconnection and so it's shown deleted in this plat. I have some discussion of the memo that that; gives us some problems from an Engineering review TRANSCRIPT -- KRUEGER S87--03 page 5 standpoint because we have a number of sharp turns then in this plat especially where Morning Hill and Beardsley Street connect, a very sharp turn there, which gives us some concerns for safety and sight distance on the corner. Addressing very briefly the issue about the property owners desires to the west. I think this is a problem we frequently find. . BETH MASON: That property isn't developed to the west, is it? RANDY WOOLEY: It's developed with some homes on it now on larger lots. BETH MASON: But not to subdivision densities. RANDY t•JOOLEY: That's correct and our, concern is that LAtor, on if the ownoruhip changes or if the owner's doairps c;hango anis it is dovelopod, we won't have the ability than to have a logical streVt syut:slm 014at tonnocts bptwou-n the uwbdlviuion%. Wp'ro just uoarchinq for soma way to provido that opportunity, not nocoutiarily to fordo utrvotu throui3h thuro of this time, That briefly J,3 what the comment a worn in the womo. d 01,'Tii MASON: t„pt ,to state for, the record, fi.rut of ,all, ('m fol'luwir)9 010 procoduru thiat's found on the blur uhopt. I. don't knew if thpro'u c4 uupply floating Around the room, but I nogloctud to u4y that 1 will cunaidor any cl1cwllen9ou to my right to hoar° tl,iu matter, tc.triirlhl.. 1 've not: upokon OuLijido of this hoarinq room to +anyone a%soc;iwtpd with this applic,wtion oiLhor, for, ur against but aro thorn any ubjo t:ictris to nip he,rarJrvj this matter this vvpnin,47 Okary, I race n0r►e, Wo'va hoord tho g t.wf f r Port, Now Is the t i mo for quostions, this is the Limo for quolstiurr% of 0.1thor, tho staff or tho appl i carnt. (wompone in the arudienca says somothino hero but it is not intolligiblo.) OC;TH MASON: Objections ars to whether I should ho ho,aring this matter. Somo people think that I might by prejudlcod or bim%vd or hove %onto reason why I should disqualify myself from hearing this matter. 1f you have an objection like that, this is the time to vary it, okay, All right, I goo no objections. Now opening it up to the questioning portion of the hearing, if you have a question about the proposal that is before me tonight, now is the time to x%k TRANSCRIPT — KRUEGER S87-03 — Page 6 the questions. This is not a time for testimony, it is a time for questions, gathering information, if there's something you don't understand. Questions? l UNIDENTIFIED AUDIENCE MEMBER: Whatever that other street (fades). . . BETH MASON: (garbled) —field, Are you talking about after both phases are developed? UNIDE;NT1FIED AUDIENCE MEMBER: Right, OFTH MASON, And are you talking about before there's any development to the west;? UNI D4;.NTI FI.LD AUDIENCE MEMBER', Night, OLTH MASON; That's my roading of tho map. 1% ghat (g,*rbled), KE11H 00E:1: (t-apo fauioa) t.hrkco Planfiold lotrout, Aahtwry Court and Murnin►.l Hill Drivo. (Audionuo mombor maks «+nothor• yuosiion and Liden iz► rotipondin(.1 but; tho t.apN is f6dod — cannot pick up. ) KEITH Ll[li'N: Okay. . (tape fadua) . 1 think wo Q-9fwdod reap barna) . with Phase: a Ag pr*capcasoti. noth prosont:ly would haavo tea gu (ta►psa facies) Would unci ealao ha<vo an (fodvw) UNj,0CN`f TF 1C0 AUDI LNCC M MBL'R: Un you huavu .A date on tha►t't BUH MASON; Wo haavo no a<pplicaat.ion befory thea City. Yes, sir. KEITH LIKEN; Morning Hill would be . . . (Audience member asks another question and Liden is responding but tho gape is faded ...... cannot pick up.) TRANSCRIPT — KRUEGER S87-03 — page 7 UNIDENTIFIED AUDIENCE MEMBER; What would happen (long gap) how much traffic (long gap). (there are words here and there that come through but I can't tell who is speaking since it is only one word at a time — it sounded like Keith said something. then Randy Woklley said something and maybe another question was asked.) BEVH MASON: One at a time, wtl", whoa, one question at a time. That's in addition to what you have now because it's new development, okay. It's figured, when you 50Y it's figured for the whole arca, it's figured on the total number of houses that would be doveloped in Phase 1 which are 53. UNIDLN11FIED AUDIENCV, MEMBIR' So it dou:an t t.aku (tape fwdos) . J1011 MASON: That's c:orruc t. KEITH J.jDLN: lhaat'a corroct. lV: i [11i MASON: Thii► is axdditionaal tr•a►ffie to your. sir. ANOTHER UNIpfNT1.1IF0 AUDII',.Nt11,, MCMf .IR: (t.apu fa►dus -r cannot hoar' his c�uaatii,n) , Ia tha�ra. far (Ion,3 gAp hero) . Wheat happonn . . . this phase . MR. KRULGLR; (1 think puns Kruoi�or is st>oa�►kina hc�r'a�) dova]Urari►iar►t. isn't do cavgr, nisaht .sand thg 52 car thrcaca h��mos wcan't bo lauilt caVOr,night. and within ayear Y. will rt.a�artlrn� can the fist raiwr.c�, its c�►1]c>d ::�h,�►lfc►rd on Lhra Murray atriaot which will load QKtar►sion 13!ath arar•caaa which will Co"10 intra out; to 135th (faados) north or south All rano more route, thcaugh I think ,qvgrybody hora turiight he'd a valid concern, wheat ha►ppons to us with this dpuplopment arid my r•e pF►a�nin� Witt, this pr at iffisuo of Scholl% f"trry Road. Arid, again, it,, my mathod (fades) the way to Ochig vg capital funds to go into my next step next year as that land, wi►axt I haxvp under option, ownership whatever you wish to call it, so it's ming and I have to, I plan to (garbled) , TRANSCRIPT -- KRUEGER S87--03 — Page B ► 3 t3CTH MASON: For the purposes or the folks that are here, Mr. Krueger's representations to you are his opinion of what he's going to do_ He is not There is no obligation with the City that bound to do what he just told you. 1 the City can impose on him to require him to do that in a year. I'm sure he's well intentioned and I don't mean to malign him in any fashion, but you nood to understand the limits of what z Can do sand if juscause you`ve hetard him t be My decision represent that tonight, you may not rely on that. sion has to made ba based on the facts that are before me tonight arid it will be' More questions? Yes, sir, (Another audience question) -- tape fades) . BETH MASON: Excuse me, behind you, AUDIUNCC ME MB R: they a1 ace L)o i nc lt.i<ie�ci it, thea fund in�7 . . . f0dc�K) t1j�'Jll MASON: y1►a►t's one Of the r0c'tm1lnerndal;ions that' s he+r,+a bufe►rta me tt►ni3t►t, and that is, it will probably ke+ mt+do nest. W0dnea0day night, e+rni thFat is th:►t if I chous0 to phase it thea way Y►sa's askirra, z t:t►ultJ urdar tY►.at thea i3`ilh 1 .i0 be~, r►►formod to include him tend ir►e:lu►i.' pan rase ec+►+sma}nt to him and they attaf f acid �.. t:o In(a that his w`ald bo ,ak)tacit 4.49 porcorl1 , 4.49070 perreant ur' &bout. $!;0,000 of they 13'at.t► irnl►r 4ave�m��r►l , 1 f ] e:llolw t o del l heat , Moro questionO YOU, ma+'am. F[:MALC AUDIEi11C;1;. MEM13t-R; (7ur eur►eam tenni;yet ((taiit>a) . CiETH MASON: 1"hu (1ucr►at:i0r17 1% thin a queaat:i4-jn? FEMALE. AUDIENCE. MLMBLR; W4+11 , hca's trying te) (;ltarify (t+apes fadnn) . ULTH MASON: Okay whl,)a, whoa, whoa►. Itio rcr4aton l h►aau�r this procedure ig because it makes things go A liar, mr►r•e %til"thly. 1horp will bo n► ti"10 fur' testimony arid I will want to hoaer your, concerns. I'm tY►u pergr)n wY►o raa►lly needs to her`w' thein, not: him, and there'g a ti"10 for that ir► the toc"mor►y portion of this. What I am trying to do right now is gee if thur•e are any questions about this development or what I crap and can't do tonir4ht thAt will speed along your presentaitions. Yes sir. TRANSCRIPT — KRUEGER S87-03 — Page 9 (Another audience question that cannot be heard on the tape.) AUDIENCE MEMBER: is it pretty much lot. (tape fades in and out — cannot pick up but a word here or there) home subdivision. suddenly. . . won't have any surprise. pops up behind you, apart:mant. BETH MASON: It is presently zoned residential and there is this subdivision approval. Now this subdivision approval expires unlesa I extend it. If it expires, then the owner of the property is free to come in and apply for anything they'd like. If I extend they subdivision, aside from the phasing issue, if I extend the approval, then the owner is free to develop at least until the end at the extension and t.hry're asking for an extension to November of this year. Arid that doesn't moan buildinL3 the hou::eas. That mookns just getting Choir final plAttin,j and mooting those requirement:u. Until tho, roally until thea final plat's in, thea applicant is froze to do what; ho'd like within the limits of Cha y-Onin<3 Ordinranc.e on that property, but my, knowinal th,it areae, my inclin.al.ion to to spay that 's it' s guinq to be ruuidonti:al in io►rua farm or onothor, I guous, Keith, iu th()r'v. , . Well, tho subdiviuion mAy not look eaxActly like thiu if wnuthur dovolopor coma in, 4 AUO]rNC( Mr;MH[ R; Flight, itis R,,-V) w4►ich in rouidential, 7!), lho oreaa thaut'u adjacent to the north, Cotswdald 1, 1 bolleve, dand l aero (tape fa►ileas) chan�a,eu. they docidod to ;lo dahoa►d. . . (t:d►pe fwdou) (Ion,3 gclap) BDTII MASON: Wheat gran bo dunes on this proporty is limitod only by thin toning, okay, I didn't pay attention to whAt the s01"in13 iu . KEITH LIDEN: xt'% R-75, it would bo limited to rosidontiaal use► but (tapo faadeas) *ptions include sirvilo family, multiples family (taapo fades) , (Another long g6p hora►) SETH MASON: Okay, more quastions7 You, ma'am. FEMALE AUOIENrE MEMBER: Are . . . (tapes fades - cannot hear question •- Yong gap r are). TRANSCRIPT - KRUEGER S97-03 - page 10 KEITH LIDEN: Well. the proposed plat that the applicant (tape fades - lung gap)- (~ BETH MASON: (gap here) original proposal did. KEITH LIOEN: (tape fades) original did (gap) questions raised by staff as to the (tape fades) required or riot. BETH MASON: Yes, sir, AUDIENCE MEMBER, determinations mallei that: (tape fades) Scholls Ferry won't be accessible from that devolopmont, still , , , ph;s30, , , whatever Phase 2 tomos in to play will they put. (tape fades - long gap), I.lCTH MASON; I don't think, wall. I don't know, Keith, why don't you answer that. KC111i 1101:N: Woll, the► (Jay caeca cantor io a cx�ndit.Jor►aal usc), (tf+po ft.Ados) would roquiro a uoparaat:ea r^evieaw (tfipo fati►►s) and would alto bee b0far-0 t:ha lJoar•i►►go Officor• (t.,►po fodat) prupertiva genii vo forth it cortoinly (tear~ f dou - lonq oAp) whot.hor or riot, that would ho (tape► fpkdou) wittuOut aCceaat to Sr.hol l o Vorry Road might, chaan,3o ail oo (tape- f►ado-i) , , , t1LTH MASON: My quo## i» that they day care; would riot ha►vo a dirocL Accuoe onto Scholl; Foray, thoy would ha►vp to ovcaoo on to ClAnfield, 1 don't think the? Stone' o going to opprovo, , . AUVILNCL MIM[WR: (cannot hoar, hit question) will thea day care BOTH MASON: I don't know. Thea application isn't buforra mo and there hasn't boon an application mode for a conditior►al uta for- a day tarso yet. 1:t 19 a gopar-st-aa application, & te!par,aty hraarinlj, oeapn►r-Ata notiCe to you, renes ossentially would cross that , , AUDIENCE MEMBER: There's been no talk at all about day car-0 TRANSCRIPT - KRUEGER S87-03 - Page 11 N 71 BETH MASON: There's talk, and on their map there's. . AUDIENCE MEMBER: (interrupts tape fades - lung gap) plot of land . . . runs through . . . homes which we all bought. There's a big sign that says day care center, spelled out in black and white. BETH MASON: Are you asking me a question or are you arguing with me? AUDIENCE MEMBER: (tape fades) nothing's ever been said. BETH MASON: Nothing has been approved, nothing. . . AUDICNICE MCMDER: (interrupts but cannot hear what he nays) OCTH MASON: Want an answor7 Nothing h(au boon approvod for that lot, Any signs that are there are spvc:ulaativa. Nothing hay boon aapproved for thtat lot, (aonioono saayw something hares — cannot hoar, ) / OL'1'H MASON, Woll, it's beyoril tha ycc,pa of what thea City'u going to holp you 1. with. If you bought a lot in thorn boor auuu you thoui�ht a dray cora w.au 9c►1r►g in on that eornor, l uug out you con-cult your, attornoy, But tho Cit.y's not guing to, , AUDIUNCE MCMIJUR: (both taalkinj At once) last Auquut. (c annot hour what he is saying) but it said (taps fades) 169 (t:apo fades) City Hall, t.hoy told ►►►e thaat it waan a dray care cantor, that was haat August. B T14 MASON: Ko i th"? AUDICNCE MfJiBER: , . . staplod up in my garage, KEITH L.IDEN: 14mm, BETH MASON: Okay, excuse me, sir, sir, I understand that you're perturbed, And I understand that you have some frustrations about tonight's hearing. We're trying to address your questions and give us an opportunity to please. TRANSCRIPT — KRUEGER S97-03 — Page 12 KEITH LIDEN: Okay, when the subdivision was proposed last year-, the applicant had one lot shown for a day care center and day care centers do have (tape fades) I believe do have some minimum size requirements for the amount of r property you need to have with that (tape fades) we left that on the plat as a proposal, as a future option, if you like, to (tape fades) knowing that maybe perhaps if there's no market for a day rare center or if nobody's interested in applying for a day care center he could then at some future time I would presume probably just try to divide that area for some additional residential lots, So he put that on the plat to make his intentions known (tape fades) as what I think I'd like to do with this piece of property. I want to reserve this corner of the plat for a day care, with the understanding that he would still havo to comas through at a later time with a specific proposal, sizo of the day cars, how (tape fades) ,across, all those sorts of things. Wo 11 Apparently, ho's baon trying to market the property . . . (vape fades) (Somoono in the audiences says something ­ cannot makaa it out.) LILT14 MA`aON: Also undorutand that that'u beyond than ucupes of tunighL' s hoaaring so lct's go back to talking about tho iusuou that oro boforo me tonight, Yvs, sir', AUDIENCL MLIMIX-R: (cannot hoar). commont. obout.. (taapu fadou - long gasp) proportion, if Choy. (taps( ft*dean in and out.) . pheasu 1 ,(long gap). s a f ULT14 MASON: Keith? I KEITH LIOLN: (long gap -w mike not working) is that your, quuntion7 : a 1 AUDIENCE ML.MBLR: (cannot hoar) . . . Scholls ferry . . . (long rlarp) � x (It; is impo>saible to tell where tho convorsation +,loon from hers. long gaps with just a few words here or there — cannot even tall wilt, is speaking). S i a BETH MASON. I think the way to anuwer that Is tho way Mr. Woolsey answered it In his memo and that is you have no assurance. There is no assurance. i _ (Another long, long gap here -- cannot tell who is speaking). i TRANSCRIPT — KRUEGER S87--03 — Page 13 I i i FEMALE AUDIENCE MEMBER: I have a question in regards to traffic flow (tape fades) that was based on (tape fades - long gap.) BETH MASON: Well, I think it's based on the number of units but that estimate was based on 53 lots in Phase 1 single family. More questions? Yes, ma'am, FEMALE AUDIENCE MEMBER: How do you come to decide or maybe I (tape fades) whoever owns the land (tape fades) and has the (tape fades) R25 (tape fades) to put single family or apartments (tape fades) that's the individual's decision, the City doesn't have anything to do saying what actually (Lope i fades) i RETH MASON: The City made that decision when they xoned the property arid when they placed the zoning on that property, they sot they par'amoturs within which davolopment can occur and they said if i.hi.a is R-25, then you can du this, i this, and this on the property. Within tho:►o choik:os, it' s up to tho opplicaant, up to the property ownor to clue idea whxt they want to do with thoir proporty within tho rovinti. FEMALE: AUDIENCE MLMBF.R: How t,omia R 21,; (lApo feaeia►n - June 900, il. s�>e►n►s. coning should bo zoning for Ono thing. BLIH MASON: I guoss it's sort of philosophir.al , i AUDICNCC MC;MULR: (tapo fades) toll us what R 2.`a aactually isa. What could �- r>►j f put on art R-25 (tapes fadeas) rano (t.npo fodt"'s) Could you put ra 7-11 (tdpo faados) (tovaral ppople taalking at once. BUTH MASON: Leat him answor-, (Cannot toll who is r•@sponding or- what is boing said long crap hero would s guess it is Keith Lidon explaining an R-25 xono,) i BETH MASON; about six. E (Another lorr3 reap cannot tell who is speaking). s r i BETH MASON: Yes, sir. TRANSCRIPT - KRUEGER S87-03 - Page 14 AUDIENCE MEMBER: When things like that are determined, is there any (tape fades - long gap) I don't know how to describe it. . . BETH MASON: Okay. the answer is yes . . . AUDIENCE MEMBER: (both talking at once cannot hear what he is saying) SETH MASON: Well, apartments have to go someplace and there has to be apartments next to something just as thea: has to be commercial zones next to something, and industrial zones next to something, and schools next to something, and churches next to something. When the City adoptees their Comprehensive Flan, in what year, 1983, it was approvod by L.CDC and within that plan there were broad areas that: were designated for residential uses, for commerciol uses, for industrial use:)s, and within that. the►n .as c+n overlay, is the zoning. It talks about, you know, single family zones, multi-family zonas, you know. the variety of various rosidontial zones, thoso policy decisions worea conaidorod whon the plan w-as adoptod .+nd when the zoning was implemontod for thin aro a, It h'aun't boon lookod eat. sirwo from o policy point of vlow that I know est'. You, m4'.-Am. \ FLMALI: AUDILNCf,, M[M[3I'R: (cannot ho4*r heir quv'3tion) . FILTH MASON: 25 units to the acro. (Someone is talking here - cannot, identify tape, fades = long 94p). DUH MASON: As tong ,as the property wau pry.porly zonod, yea wir. (Anothear long gap m cannot hoar thea quostion or who is eiponkinrl), DEIN MASON: Assrasstad? Oh, yeas, by property owners in the aro*, (Several people talking at once cannot identify W- tape fades - long gap). AUDIENCE MEMBER: Does the . zoned like R--25 . . for example . , . Cotswald development we all bought into does the City have any obligation (tape fades - long gap) properties developed there? TRANSCRIPT - KRUEGER S87-03 - Page 15 BETH MASON: Public record. All I can tell you, let me, . . (Several people talking at once — cannot identify -- long gaps -- tape fades +� in or out) BETH MASON: I was answering the gentleman's question behind you. I was going to give you an example that, in my other life, I'm an attorney, okay, people come to me and say I'm thir,king about buying a house in a particular, location. One of the first things I say to them is go check the zoning. It's public record. See- what's going on an the property all the way around you, what: could happan in your neighborhood before you buy there. Everyone is held to find that out for thomsalves because it 's public r,ec.ord. No special notice to proporty owners, no. You're hare, you're buying, the zoning and comprolwrvaive planning is a vor,y public proco5u in this 5t.ate. Know how to ,go find out what's going to hcappe;n. AU[]11=1 MLMBIR; (tape fa(1uu) wo all undorutond our ro-sponuibility , to figures out wh4t's happoninq ariound you . . , As Keith ut4t.od R-25 moanu . when buying as home►, You don't taakv into von5ldorat ion that (tapw long gap) . . . l PLAH MA150N: You uhould bocaaaaao thot'u the) wor•5t: pouuiblo thing that could happan noxt to you. AUDICNU MLMDLR; Okay, that's why 7 want: 00 utaatO whwt I 'm ut Fat,i n<3 0::apu faades). . BE 01 MA SON: Well, thin is as timo for quottions, if you have ra question of mo, ploaso ask it, If you have, . . AUDIENCE MEMBER, l' do, I havo a question rolaating (tapo fades) , OLTH MASON: Okay, lot me step you pleawse, I will take the time and the staff will take the time after this ho wring to talk tuning law with you. All right, lot's go back to the application that's before us, we're talking about phasing, we're talking about a time extension, we're talking about street stubs, if you have a question about that particular application, please give it to me now. TRANSCRIPT – KRUEGER S87-03 – Page 16 AUDIENCE MEMBER: (tape fades). as Far as (tape fades) City of Tigard (tripe fades) behind it (tape fades - long gap). 1 BETH MASON: More questions? Yes, ma'am, AUDIENCE" MEMBER: I don't see the (tape fades). BETH MASON: I think that's a little beyond the scope of this application, but. . . AUDIENCE MEMBER: (two people speaking — fen►ale and male -- tape: fades in and out) land in back of us , , , (luny case) . BEI 1i MASON; W►>11, atjain, that's boyc)nd the scope of this dow lopment . It doesn't have to du with tho issuo of roads, timing of exto►►sion of tho subdivision, or tho :;tub atroots, Again, you know, and T fool like the boaror of bad tidings hara, but when you buy a house, you know, it' s your obligvAtiun to chock tho plat, not rely qn what you buildor uoys, reit roly on what your roaltor says, not roly on whothor it's a streent. AUDIENCE' ME:MEIC.R: (intorrupts but cannot hear what hey is sdyinol) ULT'H MASON; Wall, so far, . , AUDIENCE ME:;MBIV; . Toni Drian rand ho tolls us no, this is a plat plan, (Lapa fades) s BE 1 MASON: Wall, this is a public: herari.ru to docide► if it's gointl to chango. It hmvn't changod yet. We're horn to doci.do if its going to ` chango, Yea, m+s'am, in tha back, " (tap* fades — cannot hoar question or who is speaking — long gnp, ) BETH MASON; Okay, that's the original, thin, ono, that's right, well, I don't know how else to explpcin it, you know, wore having this public hearing to determine if it should be changed just as we had a public hearing in April of 1987 to determine whether this would even bo approved at all, the original TRANSCRIPT — KRUEGER 587-03 — Page 17 plat. The best the City can do for you is afford you a public hearing at which these decisions are made and I can consider your input and consider your concerns and decide if, and the big question is if. I'm going to allow the change because there was an approval but until those lots are actually built. an applicant is free to come back and ask for changes. Yes, sir, to the right. (Another audience question that, cannot be heard). BETH MASON: Pardon? t (cannot hear -T another long gap) BET14 MASON: Well, I'm sorry. Yes, sir? AUDIENCE:` MEMBER, Quostion arid a commont. KTH MASON: I'd liko the quostion ploa►sa. AUDIENCE M1, MBUR: Ok;gay, (tiape fAadou) rofponuibility of tho homo owrior (t.apu fa►dos) or the City (LA;)c fiadou) I. au +-A Mims ownor, I wont to the City (baps foatiuu — It-,rig gap) proporty (tope ft►dc►u) ucr what rocoursu do I hovo (t.apu fadas) this is wheat is boinj (L4po fradau) rrlso wwit: to s+cay (topo f:adas) this is whwt is plar►nod for, that (t±ar)v frados -- long ipp) you commons. w.au (t apo fidsas) City not. buildars (tape fadsas) what is placnnod (taps frados) tho buildor si►4►ws thsa uamo thing tP►rat is plonnod by the City (topo fod@%) . . 0(.144 MASON: But until it' s. . AUDIENCE MEMBER; . . . are you trying to xey BET14 MASON: Slut until it's built, AUDIENCE MEMBER: (interrupts -- cannot hear what. is said) TRANSCRIPT — KRUEGER S87-03 — Page 18 BETH MASON: No, I'm saying we're here at a public hearing because these decisions are made at a public hearing in this City, all right? The initial subdivision approval was made and were here considering a change at a public hearing, so what I'm saying is that until a subdivision is built out, houses are built on the lots, it can be changed. It is rust cast in stone. (Audience member speaks -- cannot hear) UNIDENTIFIED SPEAKER: What the State is requiring that we (tape fades) an additional left turn (tape fades) up some $90 feet (tape fades long Clap) ANSWLR: "C'hat's correct. UNIC.)E'Nj'jT1E;.D SPEAKER, Okay, arid doozi tho ,,%tat►.► ►,)wn any of that land djac��nt to that (taps ffadou) ANISWER: No. (tapo fados) HMALE QUEST1.ONt;.R: Wh4at is dedicated land"? DE.'CN MASON: Give it, eaVvf1tirr11y . MAtX QUESTIONLR: What if you don't given it? UE` H MASON: You don't tett to dovole►p, it's is condition gonlor',ally ot.t:ae:hed tO development, Yes, sir? (cannot tell if' a now quostionor or the sramo quastior►e?r is npeaking) QUESTION: What is the timing for the, the originally the first phASQ, (twpa fmdoo) first phaco. . DE1H MASON: T'he timing on phrase dc.-relopmorit? 'the entire platting procalso to final plat is the one year. (tape fades — cannot hoar who is speaking), (lortg gap here) TRANSCRIPT — KRUEGER S87-03 — Page 19 SETH MASON: That issue wasn't before we although we can certainly consider it in terms of if we put a cap on the approval just as he is here now asking for an extension on the original approval. Yes, sir? (cannot hear the question -- long g-p here). BETH MASON: The earliest time needed? I don't quite. (cannot hear the response — another long gap) say that there's never an extension requested or, anything else. , , HLT11 MASON: , . , look that up for you ritlht now. The one—yoar initial approval of the preliminary pleat to got it to final platting would have expirod in March of this yoar', out that' s juat tha platting requirement to gut it: to final plat, KEITH tIOUN: Okay, what it hays iu tt►at tho City niay a►pprovo a time :+c nodule for dovoloping a 5ubdivision ,in ph,i %ou but in no cA%o shall the -Actual conutruction tin►a poriod for, ;any phi►uv bo groAtor, th+an two yoaru without ro pplying for prolimina►ry plat, so t.hat, rwally iu prot.ty gonorouu au lon"'I as .. (tapo fadou long gap) . 14111 MASON; but to goat more than two yvaru, they would ha►vo to roquout w varianc,o. (cannot hear tho renpunmo or who I# giving it) KEITH t.IDUN: . . . wall her has to start tho first phi*vo within a yoar. Af'tcar he starts phasra 1 (tape f'cadras) two pparu to cumploto ph, * ono and thou go to ph4so 2 but you havca to initiaato soma part of tho first pha<so of tho projact within a yoar w (tapo fades lam. .lap) BETH MASON: Its not just a carpit,11 issue, it' s not just money, it's also ownership of that right--of-way. 'Che State hws two wacyu they can got property, well, three ways. They can buy it, they can have it given to them, or they can condemn it. They're not willing to condemn it at this point in time on Scholls Ferry and they're not; willing to buy it with State money so really the i TRANSCRIPT -- KRUEGER S87-03 — Page 20 other option is for those property owners along Scholls to give it to them. And, usually, as this applicant is before us, that giving process happens as part of a development plan. You come in, y-ou say T want to develop my property, it borders Scholls Ferry, wa say fine, give us this much of your property for the ultimate expansion of Scholls Ferry. Unfortunately, in an area like this that is developing, and is not fully developed, the timing is off, you know, what might be need to serve one development might be difficult if the vacant land that's further down the road and isn't ready to develop yet, isn't ready to give their land yet. (cannot hear who is speaking or what: is said) BETH MASON, He brought up capital to talk about the Murray Road extension to the south which really isn't before m►a tonight, Ne was giving you a general idoa of what he wauld like to do in the future. That was the ropresentat:ion that; T cautioned you about becausw it: wasr►'t, bound into this application at all . 'khat was tho first reforunco Lu capital, Yes, air? AUDIC.'NCE MEMBER: poosn't tho Kruvgor plan still (tapo fodox) %inglo family homos, DC1H MASON: that's tha way it' s plattod ri(3ht now is for single family homes. Yes sir? (cannot hoar who is spoaking or, what is boing said) ELT14 MASON: Unless. . , vomehow or other addrous that Scholls Ferry .access problom. 1hat's right. air? (cannot hear who is spooking or what is boing said) BETH MASON: Gash, probably several people, Mr. Krueger•? MR. KRUEGER; (tape fades) Bola,ndar, (tape fades) BETH MASON: 500 feet of frontage is a lot of frontage, I'm sure it's owned by several people. Yes, sir? TRANSCRIPT — KRUEGER S87--03 — Page 21 AUDIENCE MEMBER: (tape fades) phase 2 (tape fades) what kind of constraints does the City put on the developer while construction on 135th is going on, so l that it's not such a burden (tape fades) dumping on to (tape fades) Ashbury \' (tape fades) inconvenience (tape fades). BETH MASON: The applicant through their attorney has assured us that they have an arrangement with the State for a temporary access on to Scholls Ferry for construction trucks so they would not be running construction trucks through the adjoining neighborhoods at all, The construction access would be straight onto Scholls Ferry. Yeah, that's right. More questions? Okay. Leg's go into the public portion of the hearing. Mr. Monahan, your prasentaation on behalf of tho applicant rogarding the remaining issues. 133 LL MONAHAN; Thank you, if 1 may, the isauos as wo'ro prouonting them are all tiod to that Scholls Ferry oKtonsion, What prompted this application was the fact that Mr. Krut,%gor ovor the last yo4ir has boon attemptirl(3 to negotiato witf7 tho Sta►to to procures tho accos». Qy not ;achiovintl that, hews in an oconomir. aiIuaatJon now t.hsat ho noods to Ask for At) eixtvnaion of tho asuWivision and Asko to aaak for a rovision of this phasing plan to allow him to constrtict thta public. improvomonta ►and raell tho lots for homo dovolopme�nt on tho suut.horly end while further working to trucuro th►a Scholls Forry axteri-cion to tho north, Now, bocaust.% of the Scholls furry lsduta, raiata the other- two c:anc.carr►a (tape fados mm Icing gap) huru tonight: +and they apuko last your about procurinij farad indi.colod their oppusition at thtat tianw to 01050 extenisions Arid aa; Mr, Wooley pointod out, wo nuod to ovok €lwrificattion on what your Condition #1 wfio on tho logical @xtonsiorl. our bollof wag that logictal axtonsion as proposed in this oaarl.ior plan would only ba included if the proparty ownpro who worn guing to be ,affoc.tod haa►ci a dosire to dovulop their propertieas In a► compatible m4knnor that neceszitaatod these through traffic paints, At thea time of the dovolopme?nt bocaauto of then R-25 naaturu of band, we can develop to mpartmont standards or possibly sock same othor sort of zoning chango, but becasausp of they configuration of this land, which is a triangular pattern, these lands probably cannot develop indopondently. Thorn would probably be ek nood for thom to be assembled as one learge lot and developed. We have testimony her@ tonight that they do not seek to do a< single family subdivision and a►s as result those two extensions don't fit into their plans. The problem that the connection to Scholls Ferry road being delayed for an indefinite period of time creates is the eventual flow of traffic onto TRANSCRIPT -- KRUEGER 587-03 - Page 22 Ashbury Court in Morning Hill Drive. We're well aware of that and sympathetic to that and that's why, as you pointed out, Mr. Krueger has secured from the State Highway a temporary access that would come through off Scholls Ferry Road along a somewhat improved road to the beginning of the public >t improvements that would go in as Phase I. What we would do is in the sale of the lots to developers condition as best we can, those developer to insist that all delivery of lumber, tradesmen, cement trucks, etc, . come in through this temporary access. As a result, we don't think that in 1988 Ashbury Court and Morning Hill Drive as they presently exist will see a large impact of new traffic because the development will take a few months to put: in the public improvements, then the homes will begin to be built and the occupancy of those homes that generate the ten travels per day probably won't occur until late 1986 into 1999. So our feeling is that. we're taking what remodial action wa can by getting this temporary access to offsot thea d►alay that will occur for the full access. We can't, as you poi.ntod out, commit to a tinlo Oic+t, than Scholls Ferry extension would go in or when tho oxtonsion of Wilton will occur down to Murray Boulevard, but. tori Mr. Krupgor h.as pointod out, his plan is to dovelup this projoct, gonor,a►te whAtovor (gaper fa►das) from thio to bo put into thea public improve«monto of Murray Bou1aovc►rd ies woll au for tho future,+ developmont of Chalsforxi «*nd othors. Mr. Kruo,lerr h«as obligotod himwulf to �. comp)oto Murray Boulevard on his own Ilea v*aku for dolotion from tho 135th/Murray Boulovaird LID in 1997 and tha►i: w.As gr+ant,ed. Tho homes that would j bee built on tho Cotsw.ald 7V subdivision urea tall prart of that obligation, so ho alroady has a►n 1,1D commitment and hes fools that: inclusion of Cotow,ald IV Into tho With LID at: this time, roally is orl inroppr-oprioto roquost iaaca►usea, number 1 one, that' will ovontua►lly *ccO%5 out. to Schully lorry ruaad, than`% his pla►n, that's what ho's committod to in this subdivision. 1herofore, it' ho i►odo. a contribution of 50,000 plus dollars to the 135th 1-10, our visiesN is in is couplo of years thAt, nood for accoss to 13bth would disa►ppoa►r and thur-o's no mechanism for him to be reimbursAd thrt amount. aocondly, tho boundaries of the LID have boon drawn aftor many public hoa►rings and h4wo bean committed to. We sue ae similar subdivision dovalopmont that will bo occurring on tho ea%t side of 13bth a►bova the Morning dill subdivision just below Summorlako. It's a, I believe, 200•-unit subdivision that's being pla►r►nod. That projact: is one that will eventually access out on 130th to Scholl% Ferry Road as it runs by gummerlake. That project also is going to require at least for a temporary TRANSCRIPT -- KRUEGER 587-03 -- Page 23 period of time -access through residential streets some of which would come out through residential neighborhoods onto 135th. That subdivision is not being requested to make a similar commitment for a modification of the 135th LID as is made here. So we've foal that it is not a fair request at this time. We feel that it is only a temporary measure, one that Mr. Krueger, because of his commitment to create a new Scholls extension, will eventually eliminate. 'I he last issue is zoning. The property that is in question as well as all the land immediately surrounding it, down to and a little bit past the proposed Murray Boulevard extension, is zoned R--25. Mr. Krueger has had control over tho bulk of this triangle area for the last several years and has chosen to develop the majority of it for single family homes. This proposal, as you aptly pointed out, if itdoes not get put into the ground, could revert to R-25 to multi,—fasuily developmont. In fact, ��s I pointod out, that triangular arca to the west: cannot develop by itself, Each one of the throo individual lots if Mr, Kruoger does not go forward with this project sand the economy is such Barad the routrictions on Ole S cholls Ferry oxtonoion exist for a number, of years, it is pousiblo that he would not caxcar-ciso his option to purchase this land and it could bo dovolopod a1►,ng with tho throo proportion, (garbled) and another proporty owner, So thorn is no guarantoo that this would cls for single faamily. At this print in time, uinc o wo aro not going to dois►1 with the Schollo Furry Rc►,►d oxtenoion question, I guaaus was don't; nood to call in Dick poanrr,oft yaat, but, Dick dopu want t.o 4ddraou at 1p+out tho two c.onnoction points Arid was hwvo M.*r•lon Hopfor(7) bon.isto Itawkos who would like to spca+ak tonight. eau tilt) prc)porty ownoro In quootion who upoku last year concerning tho two roads going to their property, 1'honk you, OL 1 H MASON, 1 hrank you. DICK OANC;ROIJ: I 'm Dick Bancroft, the ongineor ,and surveyor- on tho project, I'vo preparod the maps and done a l l the numbers, Just for the reacord I would like to notes that the completes plat, lot %taaking arid construction plans were completed last June for the original plan modified by the two westsarly streets and were submitted to City arid we had hired a contractor, worn ready to go to work in August and came to the roaliztmL-ion that we could not guarantee the building of the intersection and just could not guarantee complying with everything, we had to call it to at screeching halt and that's where we've stood since then. But there was considerable commitment made to this. The intent always has been to provide the accesses. The ones that have bean TRANSCRIPT — KRUEGER S87-03 — Page 24 deleted have been not necessarily at our request, it's been at other's requests, which included the easterly extension of Clanfield which was another one that was precluded by the apartment construction that has occurred since then. I'd like to jump right into the recommendations from the Engineer's report which we just received tonight. Number one, regarding the access for construction traffic, that's no problem, Number two, the assessment, for, tonight I'd like just to point out the potential of double jeopardy there. If we wind up having to build the intersection and pay an additional assessment or is there a potential assessment for Scholls Farcy Road or ether projects that may gat into a double situation there. Number three, I would like the City Engineer to draw me a sketch or something to explain what he's doing there. When we eliminated this two accosso; to tho w►,ist, Keith very i specifically says you c.An't add two more lot's (laut3hs) and ho kept us. I am concerned if we ares putting beck in -the acc:ossou, fine, we koop the same number of lots, we just go back to the original plan, if we'ra leavirvj it like► it iu, fine, if we've gointl to do aomethini3 in bot;woon, I would not like t a 1050 those two lots, I would like it to bo demonstr,ctod that it is 4 buildablo, salQabla situation, Number four, it.'s gust, a corroct.ictr► thorea k i f OLTH MASON: I court your, lots, you h.uvo the samo number, In both, oven ff with tho ptrootn rodotignpd, f t DICK BANCROf"1': You, that's cor•ro t and if samo othor kind of redool9n, wo d lika to stay with tho same► numbor, 6 4 am MACON: Okay, but. you're not ouggotiting that you w'vnt 220? S i DICK BANCROFT: No, no, no. s 3 L 0014 MASON: All right, 1 CLICK DANCROF1 That's just a continuation of sequence number% from the prsvious three plat. Number four, the State'% condition is 50 feet of right—of—way, my drawing from, which its an adaption from a year &go, dues not express that, but that was what the State' s roquironiont was, 50 feet, Instead of the 45. Number six bathers me, I'd like sump clarification, It seems lite that's City business rather than something that we should be required, And _; that's all I have to say for this evening. Are there any questions? TRANSCRIPT — KRUECER 587-03 — Page 25 BEIH MASON: Just in response' to your last comment, Mr. Bancroft. as I'm sure Mr, Monahan has explained to you. development such as this has to be considered in whether there's the adequate proviion of public facilities and s services and that is whether the timing is there, If the cities of Beaverton and Tigard have not entered into this agreement, that could be one Of the uldn't develop the lets until they enter into the agreement reasons why you co lly what we're talking about. because the timing isn't there yet and that's rea hate is the ultimate timing of the transportation system servicing this and the ultimate timing in Number Six of the s..Nwer facilities in terms of a s 1 cooperating agreement. i pTGK BitNGROt1'; I understand the reguir-kiments. I'm just worried about the i implication of (tape fades). BE Ili MASON; Not at. this paint, thay'll k.-, a timo at tho and of the hoaring process for more questions, Okay? Other witnasa�as? plt�l MONAHAW Could 1. juut point out ono other iton) that to failed � he poir►tu out that t.ha mentioned wid that WAU within Randy' s conunentu, e troa►tiun ui" 010m ? St:r►�+%t and Murray Hill 1)"" knuckle curves, au ho pc�ir►ted out. Aroa dcasign probleu,, We fc�c►l t.l►;�L tho only way to �►c:r►iUuv LI'►o subdivision and to pr000rve the chiyr•wetOr of the :sutadi.vivior► Ou wa prt>pot+e it in to 1•14v4a thusv knuckle cur-vas anti I juut want t.o poir►t out for the rocord that or►o of 4t►om on PoiAr•dtloy Stroot 0xiut0d in tho Applik'Atic►n thi+t wau submittod last yoa*r, to what wo'rca d17inf3 is 4(,,tually oxp;;►nding from +ane to thr�+c► tt►�! r►umk�or of knuckl►r curvou, but that dooi'V fomturo wau, ir► frlet, submit;tud and want thr•nugh the► process l4rut, yoar. ()ic;k, do yc>u ha►vo ir�urw Le► sway or, are wcr . . . DICK C3ANCROf"1 : Excuse mo, I. fmilod to grass Ov"- that ono. I. have soma of orm by oxhibit•s that I might to submit. Onc► i s a �' tt>zat r ran►e aa�r r ►n gompntci twice. another engineer a couple years +ego. It h Ncertr C,otfwa►ld 'LII, has that arrangement, Th�iLla�filigrard�c! t.Fc�yMre r. WnoWu►shington are two plats, those are not in the y are just County though, they are just, they bath lave that a►rrangemcrnt, they platted within this last week. The County does not seam to have any problem (tape fades — long gap) we would like to submit these (tape fades) question whether there really is an engineering problem (tape fades long gap). TRANSCRIPT — KRUEGER S87-03 — Page 26 BETH MASON: Mr. Bancroft, why don't I just. I understand your evidence, and I understand the examples that you've given, I'd rather not have extra plats in the record. DICK BANCROFT: All right. BILL. MONAHAN: We'd like to call on Denise (tape fades), DENISE HAWKES; I'm Denise Hawkes, we live at- Route 1, Box 385 in Beaverton and it's the westerly property. We think Mr, Krueger should develop his property but we do have a concern and an objection to streets being stubbed off on our property line. This is the same objection that we had at the provi��us hearing and if there were some alternatives that, you know, we might be more open, that would be find, But we really object to streets being stubbed off, DI'TH MASON: lhaank you, (tape fades — lune g4p) MARLIN 1401TOR: 1 aapprociato your patience on this wholes process, I 'm, Marlin Hopfor, Box 390, Route 1, ic,, rropur,Ly is to the?, off wort cornor of the propoxod subdivision, It would serve my intorost not at all to hovo a ttrt,ut otubbod to our property line. If, in fact, we duvolop our proporty nand wo had to dovelop it as single family uni,tu or, oven haavin�j a stroot goint3 through thoro would bo no valuo. t; would wrack our vAluo whore we're at now. Our, prup000l is that we would bo coming back to ai; vomo futuro point for roquooting acce►ss to Scholl.s rearry Reeved only. So wee would riot haver intsarout of running Baur projoet through thea noighbor•hood, in fact, aacceasying only to Scholls marry Road. Thearoforo, wo, on the other hand, desire riot to h4avea access on to our, property from the roast of thea noighbor-hood. We would baa in favor of the proposal as it has been submitted tonight. BEIH MASON: "fhaank you, Mr. Hopfor, Is anyone else speaking on behalf of the applicant or in favor of the application? 4� TRANSCRIPT - KRUEGER S87-03 — Page 27 ;y RUSS KRUEGER: My name is Russell A. Krueger, I'm speaking on behalf of the applicant. I'm under a very extreme hardship in this case. I've had a year delay and all I seek is to get back to work. It='s a situation that occurred. It happened and this is the best way, the only way, 1 feel that we can solve the problem is to switch the phasing from last year to what wa are proposing and I will not take more time or reiterate but to again create this capital base so I can get going next year, 169, on my plan on Murray and Shalford subdivision, so I seek your indulgence and I look forward to seeing you next. Wednesday evening regarcdir►•,I the other issue and I thank you. BETH MASON: Does anyone else wishing to speak in favor of the applicant.? Okay, thoso wishing to speak in opposition? BILL MONAHAN; Could I just close. . . BETH MASON; Oh, I'm sorry, Mr. Manahan, you. F 7 D21A. MONAHAN, juut to c.louo on t:hay issue+ of the utroot extorlujana. Mr. { Wooloy' s concorn is that, onta of hiu c.oncornu, ix that if tho oxtunuionu area riot provideu for thea prof,-wrty owrior could chon,3v thoir mindu in lataar yv aru �e oand .actually nood them. Wkwtt wo'ru aayin=3 hero tonight; with tho support of the proporty owntaru is thoy haves olraaady modo the deciuion that thoy'ro ra.ody to for-ocloso that; option Arid givo up th4it proportty right and, in f,*r.t, they � fool that tho erxtonui.on of thouo roade is a detriment to thea futuraa uuaa of they prupearty and not, in fact:, ra (taapo feadoo) . 1 EE144 MASON: thank you. Anyone wishing to npoak in oppooltion to t.ho. application. Those wishing to spoak in oppovit:ion? Yos, ma'am, if you'll strap forward pleaaasaa. BR(-`NDA GIL.PIN: I'm Brenda Gilpin. I liven a 11721 SW Wilton. IVa n►y understanding that oven through the discussion is supposed to be about the eontinuasnco of the streets, that they have addressed the issues of twitching the phrases. Is this oLr opportunity to speak up now, or are we to wait unt=il next week? TRANSCRIPT — KRUEGER S97-03 -- Page 28 BETH MASON: I' ll accept your continents now but understand that there will be more evidence to consider on this point Wednesday. Keeping also in mind that , I have a crowd of growing proportions in the hallway th::L was going to start ( at 8:00, so. BRENDA GILPIN: I will save my comments for next week as I expect to speak to Mr. Gunderson tomorrow, too. i BETH MASON: Thank you, that's verb kind. And your last name again was? BRENDA GILPIN: Gilpin, BE"E"N MASON: G-•I-L- P-E-N? BRENDA GILPIN: P-11-N, BETH MASON: P-I-N. Anyone olae wishin,3 to spbeak in apposition? YC-A, xir, � RUSSELL HADD(?) : My nwwo is Russell Hadd, I live a 11689 SW Wilton Avonuca. Basically, wa'ru hore o(jain tonight just for tho simple f�ar.t tt►zat here we e��► . . again with Mr. Kruac3car, It's boon, I don't: know wh►at.hor I'm unfurt:unwci to live in the nwighborhood or my fort-uno to live in the nw)ighborhood, I 'd say good fortune just because ww he've a lot of po oplu 1 fool thaL aria very concerned about tho quality of life within our, arca, but unfortunatoly, wc)'vo had to be hore four or fivo timoo in the last yoa►r W fight oupormzark"ts that Mr, Krueger has wanted to put up on top of the hill, a+partmWnt horned that WQrrs going up, t...ID projects that wore coming into existonco, arid a% we said in tho past, it's our own misfortune and our own mistt+ko not to track ovary thing that we probably ohould have prior to buying the house, I have a roirl concern with Lha two stropts stumping out onto Morning Hill and Ashbury. I'd like to see another access onto Schol.ls Ferry however that happens to be accomplished. A% far as the phasing issue, Phase I or Phage II:, 1 have a concern if we change the plan as it nits right now that perhaps six months from now we could be going back to the same situation which would be, excuse me, Phase II, then as to what exactly is going to be put up into that area and then, you know, here we go again. I have a real concern with Mr. Monahan a<s far as his position. I may be mistaken, but I thought he was a City Attorney and whether or not that's been relinquished or why he sits up there during the City Council meetings is, maybe you could tell me. TRANSCRIPT - KRUEGER S87-03 - Page 29 BETH MASON: You have no relation to the City now, do you? BILL MONAHAN: I was the Director of Community Development for tL►e City. I lJ was not the City Attorney (tape fades). BETH MASON: You resigned about six months ago has it been? (cannot hear Monahan's response) BETH MASON: attorney in privates practice in Tigard? lie's free to represent anyone he likes before the City, RUSSELL. HADD, Because, thank you for clarifying. , UETli MASON: lie doesn't qot any special treatment from me, though (laughs), s RUSSET„l. HA11p: Good (la►u;ll►s), bc>e•ause► prior, te) that, 1 wati conc ornod th4+t thorn might be a conflict: of intorout, horn, OF114 MASON: uro, ]. can undorst+and wt►y you, theft ofton hoppens in those► s transitions and wo, thio is a small gown, I mooen you know, it' s hard fur nim to go from a position with thea City to privato pr#-ectico 4and have everyone kr►c>w that right away, to, RUSto'ELL HADD: 31 think you noilod the nail can tho hood as for as saying this is a small town, It is A small town And that i i probably the ►e►ain roavon that we moved into it and as for ns making tho change%, 1 havo no problem which phase comes first as lone, as we have somea say in, at lcarast verbally or writtan gun►ranteez from Mr, Kruo9or 4as to if he goons ahoad with thea dc?volopmernt, Phase TZ first, that we will have some guara►ntoas eas to what's going to be next into Phage T, J'hatl u the only concern 1. have bacnuge we don't want to be facing the same situation six months from now. Thank you, BETH MASON: Okay, thank you. Anyone else wishing to speak in Opposition? This is the time. Well, noxt Wednesday's the time, too, you're not precluded. You can do it next Wednesday, Okay, rebuttal, Mr, Monahan? TRANSCRIPT — KRUEGER S87-03 — Page 30 2 { BILL MONAHAN: I don't think we really have any rebuttal (tape fades) our evidence (tape fades). BETH MASON: Okay, that's fine. Mr. Wooley and Keith, when you talk to the State, I have an additional question and that involves the access onto Scholis Ferry for tax lots 1301, 1302 and 1300. We hear the property owners saying we don't want access to the east, we want our own access onto Schoils Ferry. I'd like to know what the State feel$ about that if it's realistic to think that if those three lots develop in any combination, you know of two or three, whether the State would, in fact, give them an access antro Scholls Ferry. Well, I can consider that in the stubbing issue. The other question I have for you to chock before the rw xt hearing is Mr, Monahan's point that a subdivision to tha Rust, and per-haps ho c:an help you with the; name of the subdivision, BILI. MONAHAN: Mori ssottaa- llobbs. BLTH MASS. Moriabot.ta-Hobb%i subdivistR•n lo thou o4iut, that ypp=+ar•cantly hras Won ;approvud but riot includod in thea 1314th 110 which would ac:caass 136th in .a 0 similar- manner as this would if the V'orry acvoss is nc t dpprowod, I'd like to know, you know, haw that works <and if tnoa,y would indood +cease 131ath for a tompora►ry time pondin,3 010 devvlopmont, oaf soiiiethin►3 v1so 4around it. Do you undarstand thea quaastion? Mr, Moriahaan's point buin3 that if this is only � an interim problem until than ult.imoto dovolopment of tho *ccoso to Scholls rorry or thea ult;imiatu deavolopmont of tho aaKtunsiun to Murray, should his cliont now ba.► roquirod to prarticipn►to in th+.at t.]U if this subdivision to the a eaaast is similarly situiAtod with similar aaccaag probloms and thoy'raa riot participating. Okray, thrat'a it. This mALtor will baa continued until 7:00, t Thank you all for coming, TRANSCRIPT — KRUEGER S87-03 — Page 31 TRANSCRIPT — June 1, 1988 BETH MASON: Gall the meeting to order. This is June 1, 1988. It's 7:00 PM. �^ We're in the Town Hall meeting room of the Tigard City Hall, the time and place set for the continued hearing an the request for an extension of (tape fades) approval for Cotswold Meadows IV, application number S 87-03. We left the hearing the last time, 1. continued it to tonight to consider some additional information from the State of Oregon about accessing (tape fades) this subdivision onto SW Scholls Ferry Road. Yesterday I received a memo from the staff which I've marked Exhibit 3, the memo's from handy Wooley, which addresses the right—of—way issue, the issue of the knuckle curves within the subdivision plat and the isauQ of the contribution by this applicant towards the 135th LID, At, least three p4ople in the audience reading copies of this sport, I don't know how many mora copies hu has, but I would oncouraje you to share if, to road what thy► report had to say. 3. think we'll go rijht back into the evidence presuntation unless thoro's something (tapo fades) want to do a staff prosontotion on thi» roport? KEITH LIACN, Wall, J did aoe Randy Wooley just wok in so (tape fades) H11H MASSON: Okay, f inr.►, since it's Rondy's momo, I think wo' ll wAt r minute, for, hie appuaranco. (tape faadus) opportunity to ruvicw this or► behalf of your client? (tapas fa►duu) make" your presentotion at. this time? Hore comes Randy. Mr. Woolsey, nice► of you to juin us. RANDY WOOLM. Sorr-y, I'm loto, Council mootirio (tiwpc► fcadou) 0014 MASON., (taipa fades), , . those City Council mombors aro always upstilginl3 (t;twpra fades) terrible problom. I was just m+rking reaforence to Uxhibit 3 which is the memo I reeaivod from you dated May 31, 1988, Would you make a short presentation for the benofit of the a►udionce ao, to what you revised racommcandAtions are? RANDY WOOLEY, Yes, the primary point of the memo is referring to the meeting that we had two days ago with the Department of Transportation to discuss the Scholls Ferry Road access, As a result of that meeting, I now fecal convince TRANSCRIPT — KRUEGER S87-03 — page 32 that the construction of an access street to Scholls Ferry Read is not feasible at this time due to the conditions that the State has imposed which require dedication of right-of-way from other properties. the last time you had asked us what conditions the State might impose on adjoining properties were they to develop. Basically, the answer is that if they would develop to their full residential potential of full density. that they would probably also experience the sane types of conditions requiring a left turn lane (tape fades) that further they would probably be required to develop some type of (tape fades -- lonq gap). In addition there was an inquiry about the 135th Local Improvement. District, I brou,3ht the (tape fades - lung gap) 135th Avenue on the map (gape fades) Murray Boulevard connection (tape fades) Wilton Str-eQt Cotswald Meadows 111 (tape fades) area up in hQre au the proposed Cotswald Meadows IV (tzap:�% fades - long gap), BETH MASON: .111, is that built out? RANDY WOULfY: Numbor lhroo iu mostly built Out n", tho strut+ts caro dovulopod. This 11,oAvy line is the 110 boundary, Cotywald Moaadows 1'11 is in tho L30, tho other, boundary cormo ovor horn alon,.j what. would bo 930th Avonuu (tapo fades) the plat that was montionwd, Vill,ago aa<t Sununur•l.aakti►, is up in this air•ou whwr^aa my right hand is, is outnidca tho k1l) boundary. Arid this aarvaa dawn herrn below this solid line is in tho 1. 9p but has raducod aasuoutimont rate k)0k,.axuse tho at,root improvonionts ~oleo in (tape, Rodes) aat. that solid line. "� that those proportion would benefit from the improvoment of 13'�rth Wut ovontuaally whorl the Mur•rr+ay E3oulevawrd ekti►noction is coniploltad they would ha1%10 air,other gtroot (leap@ fadot) ,at thtal timo. T'hoy wouldn't use 130.ith, Alun as subdivision aro prapus,rd in these two oar ias., (taype fradus) maako curtain atreat improvomeant:s (t,apo fades) on 13SLh and on Murraa►y Boulevard. Tho logic that went through the 00 tar►d through the, ovor ra yonr of hearings establishing this boundary was that those proportius h&d their primary vector stroat access from 135th Avonue wharoaas those propor•tiean horn had their primary access from othor collector stre►uts, Walnut, 1.20th, Wintearlaaku connection (tape fades) and that these prnparties hrre ware presumed to have their primary connection from Scholls Furry Roaad. BETH MASON: (tape fades) the 128th access developed now or in the process of being developed? TRANSCRIPT -- KRUEGER S87-03 — Page 33 RANDY WOOLEY: 128th exists from Walnut Street up to just north of Katherine Street to the southern boundary of the village of Summerlake (tape fades). it will be extended through that new subdivision as part of (tape fades). REIN MASON: . . , developed at minor collector standards? RANDY WOOLEY: It's designated as a minor collector. That designation. I think, was placed after it was developed, It does not have the usual minor collection street width. Within the new subdivision it will be wider to minor collector standards when appropriate where it: matching to the existing street, it will match those standards, it will hdvo the thicker pavement of a minor collector street in they now subdivision. (tape fades — long gap) Also thoro is a question about the sower extension into Beaverton and Mr, Bancroft provided mea some more information that ho had submitted tcs Eleavorton on that and roally the only changes thoro is that the interlocal agreomont not: be necassary. Bei-aver-ton may bo willing Jo accept that uowor without that agroomeant, On the basis of that additional informa►tiun, 1 haven rocommendod that the requostod times oxtonuion and tho roqueastod rt►Nn,jo in pheasiral bee approved with conditions, rocommondod Vivo cundtt:iuns thorn, E1E:1"H MASON: My quostic►n about the contribution towordu tho 13!�th l.11), oro yeau suggesting that the swmo percontatle contribution but tho opportunity to roduco that contribution by bO percent if the opplicont provldoz o por•for•mane:e assurance for, the construction of Murray Boulevard butwoon 135th and Wilton, I assume Cha►lfor•d subdivision ix within his control (topo fodos) , RANDY WOOLEY: The Chalfur•d subdivision h4svi a► preliminary plat approval from thea Planning Commission, that's in thi% arra hares, tho applicant there wag Kruagor Deavealopment. BETH MASON: So you're tying his reduction to the development of Murr&y with the thinking that ultimately for the fore9ee*b1a futures this subdivision going to by (tape fades) the south as opposed to (tape frade%), RANDY WOOLEY: Right, I was trying to follow the logic that was used in establishing this LID that if it has no access to Murray then it's like these �- properties. If it has access to Murray, than it's more like these properties here. TRANSCRIPT — KRUEGER S87--03 — Page 34 (tape fades - lung gap here) SETH MASON: The only other question I had, Mr. Wooley, is your new condition N4. It talked about the right-of-way of the original condition H5 amended to read 45 feet. I think you meant the original condition 4 which did read 45 feet- and then in oral presentation was chanqed to 50 feet. You happen to know which it should be, whether it's 45 or 50? What dedicated width from centerline (tape fades) Scholls Ferry. RANDY WOOLEY: The version 1 have of your original ardor, condition tit) required 30 feet from centerline. BETH MASON, Okay, I was r•e,ferrirnl to your staff report, t.ho original staff roport, I'm sorry, your oritlinal memo to Keith L.iden datod May 2.4, condition #4, (tape f ydes) thaat suggested 4b foot in that ►t►emo. 1"hon in the ural presenteat.ion thorn was o proaontation, I bealievo, by Mr, Bancroft that in crnvvrsatriona with the StAto that should h4avu boon 50 foot, r,ath►ur, than 4`a. RANDY WOOLLY: Wes diucus►sod that durintj ae ►►►outing thea uthor d,ay and my undorat.andint3 is that; then Hie1F►way Dc�Fsartme`nt is ne>w using 4a foot in this �. lactation and oat- soma provious tiarl(as t.hoy h,ad ugk)d (t,apu f+a(jets) right of -way roquiromont theme". F'()r•ty five fe"e"t its tF►o r•encauenstod amount that wba►s in the r•osponso (taps faedos - long gap) • OL414 MASON,, Okay, that's fine". All right, theank YOU, All right, we'll follow the same procoduro th=at we did At tho li*st hoaring, Aro thorn any quostions at this, queantions of the strati or the pwoicant rogiArding this now information. Yes, air, (tape fades in and out - cannot hear the quvrtion or- who is spooking - long gap hera. RANDY WOOLLY: well we estimated that the 53 lots when developed roughly 530 vahicles trips par day. We said those trips would go on Ashbury Lane and Morning Frill Drive. I guess the answer is when Murray Boulevard is developed, then they would also use Wilton and how they would be apportioned out I have not attempted to estimate (tape fades). } TRANSCRIPT - KRUEGER S87-03 - Page 35 BETH MASON: Do you believe that the streets in question, all of the streets in question or any combination thereof, has the capacity to handle that { traffic (tape ends) . . . and the City doesn't have any fixed standards on what they find acceptable, the City finds acceptable in residential. RANDY WOOLEY: We have no (tape fades) BETH MASON: So essentially the choice is in considering this application of whether the imposition on the adjoining residential neiclhborhocids to accommodate the traffic from this development should be allowed, or whether the entire development: along Scholls Ferry should be delayed until there can La direct access to Scholl$ Ferry (tape fades). RANDY WOOLLY', . , perhaps one other alternative might be until Murray Boulovard is extended because that would direct more of the traffic (l:.Apu fa►dos) , BETH MASON: l;s Wilton a minor colloctor ?is wall? // RANDY WOOLLY: Wilton is a local *trout, l BUIH MASON: ego it's the tiknio prohlem, differont, r►oighborhood. RANDY WOOLLY: That' s, they diopUrsu it mare bot,woon Morning Mill and Wilton whoroau if Murray i3oulovikrd duos not go all ta►o way t(► ;�t,ho'lls Vorry Road tharo's lots traction for traffic on Wilton, Bl.'AH MASON: More quiastions? Yes, sir, (tape fades in and out — c^nnot: hear the question) AUDIENCE MEMBER: An far as the (tape fades) by 50 per-cant (tape fades) I. assume it just shows (tap* fades) understand why (tops fades) rate would be reduced by 50 percent (tapo fades) that Mr, Krueger had voluntarily told the City that he would go ahead and pay for Murray Boulevard at his own expense taking (tape fades) that he was going (tape fades in and out). TRANSCRIPT — KRUEGER 587-03 — Page 36 BETH MASON: Let me answer the question about the construction performance assurance, that's in the nature of a bond or a posting of the cost of the improvements, so it's more than just good faith, I mean there's an actual 1, monetary condition. As to the balance, Mr. Wooley, the balance of this question? RANDY WOOLEY: again I was trying in showing these alternatives I was trying to match the rationale that was used in forming the LID (tape fades) promises that were made, I guess, are good faith but not enforceable again and � I was trying to translate that into a enforceable condition that was Consistent with the rationale that was used in the LTO formula (tape fades) AUDIENCE MEMBER: as I questioned (tape fades) previous meNmo (tape fades) the timing of development. of Murray Boulevard to provide an alternate accssa r to the south is unknown. (tape fades) err Murray Boulevard was previously proposed as part of tho Local Improvement; District. However, Morally Boulovard j was deleted from the LID at the roquoot of Mr, Kruogor. At that t:imo, Mr. Kr•uvtjor aaxwurrd tho City Council (tr�*pe fwdoti) Murray Houloovord ri�ktonraiori .apt.. ; his own cost in conjunction (tape fades) was made (gape f:r,(1eas) . . . big IH MASON: As Mr, Wooley pointed out t.hdt w--an a pronilsaa, but it.'§ not iii binding condition attachod to devtalopmunt. AUDILNCI" M[,M 'I.R: (long gap hero) portion of the 1,11) (tape fariwa) wlsia www going to be taken cars of no they'ro under (tope fodos) DUIH MASON: 1: wirun't at, that mewting wore you? (t:apo fado%) RANDY WOOLE;Y: . , , serieas of mootings and thorn was more thorn one roeAson for- deleting Murray Isoulovarrtd from the Local 3mprovemeant Dititrict (tapes f0das) &nswer the originarl question. , BE1'EI MASON: Lot mea ask you a question beafore you (tape fades) is Mr. Krueger ever going to be responsible for morn than just a portion of the Murray Boulevard extension, aren't we tanking about just between Wilton and about 130, . TRANSCRIPT KRUEGER S87-03 -- Page 37 RANDY WOOLEY: The original Local Improvement District had proposed to build Murray all the way to Scholls Ferry Road. We used a much larger boundary than j is in the LID as it was formed. BETH MASON- Mr. Krueger's obligation was going to be Wilton to 135th? Is that right? RANDY WOOLEY: The original LID proposal it would have, the LID would built Murray, all the way to Scholls and more of Mr. Krueger's prop<rty would have been included in the LID (tape fades) scope of work and the (tape fades) Mr. Kruet3er'5 obligation both would have gone up (tape fades — long gap hare). B :l"H MASON: Vid that answer your question? AUDIENCE MEMBER: Yes, HL111 MASON: Yvo sir. AUUIE:NGC: MEMBER: 3: havo a quo5t.lon number ono, apparontly somo piloplo (tape fades) �y BE:1'H MASON; well that wa►s rat tho bwinnin.j of the whon I olikod that (tapes fradem) circuldtod a fow cuplum, wo only had a few copioll iAnd I oncouragod you to nhoru with the popple in this iaudivneii theit hi*d tho copiws, AUDICNCE MLMOLk: Oh, okaty, is it poonlblu for tho City (tope fadov — Long ger►). BLI'H MASON, ha►vo mare copies, I moon, fit) brought a supply, but it w;xs sort of a first coma, firm: ourvu Coni<3ht, (trapA fadeu) AUDIENCE MEMBER: Anyway, my second question is, I'm reading the third par,ragraph dowry here (tape fades) about access conditions (tape fades) based on future development tax lots 1301, 1302, and 1360 (tape fades) 1300 and 1301 . Did you, in fact, find out from the State (tape fades) access to Scholls Ferry (tape fades _ long gap). TRANSCRIPT -- KRUEGER S87-03 — Page 38 RANDY WOOLEY: My understanding is that access would be allowed but it would be (tape fades) similar to what (tape fades) subdivision. Mr. Krueger came and asked (tape fades) for access which is that they would require (tape t_ fades). AUDIENCE MEMBER: (tape fades) paid for the lighting of the road, would in fact be able to grant. get access to . . , BETH MASON: Well, I wouldn't: rely on that. I would not rely on that.. As the basis of, of a discussion between ODOT and the City Engineer and Mr. Bancroft and a meeting on ;in unrelated project. I would not rely on whatever the State told you about access for those three lots, if ,you want to talk to the State directly and perhaps got a lettar' from Cham, that would perhapa be ,a lot sae'er than relying on an off-hand commont about a different projoct (t.c►pe fa►doai) , Ycas, sir, (tapa fadoo long gap cannot pick up tho noxt audiencu qua*tion) AUDILNCr MUMUL'R: , , par,*ijraph► two , . , (tapir fiados n long q ap) . l.. OrtH MASON: 1ho uvlc.ond ilOAK), tho May 31st n,.m►i,,, hj+vtN you lookod at that? `1410 ata►ff withdraw thoir objoct.ion to tho knucklo curve* bttc:4Uu0 thoro'd boon earrlior oubdiviuion roview of thio that ir►cludes knuckle curv4►* oo it wa* incon*i*tont for the City to now roquir►a tho romov«al of *omathintj that Choy had aj►rl i er• opproved, AU03L:NCL MCME31R (tope fbkdQfr ) or► that lrattpr' then (tape f:adO%) iKj1`10rir►11 that third paragraph (tape fa+dov - ],on() flap) . y BETH MASON: 'that's where he's wit.hdrowing his objection, tho noxt to the Haat line, "thortfor•o, I withdrew my objection of the propotod knucklo curve alignn►ont (tape fades - long gap). Yes, sir.. r (tape fades - Long gap) BETH MASON: that's assuming (tape fades - lona gap). Mr. Wooloy, do you know this far in advance what kind of signage there would be? TRANSCRIPT -- XRUEGER S87--03 -- Page 39 RANDY WOOLEY: Specific signing is reviewed at the time we (tape fades — lung gap)- BE1H MASON: . . . it's not generally a public hearing, is it; RANDY WOOLEY: No, it's not but (tape fades) they have problems with signing, they're always (tape fades — long gap). BETH MASON: Pardon? AUDIENCE MEMBER: (tape fades) NFO 7 (tap fades -- Long gap) 4ETH MASON: Again, :i don't think they got formal notice. You're free to always be involved in whatever• process the City has, the question is tracking it so you're sure to know whop that's happening and if you don' t get the: formal notice, ever► though many of yo►u consider tho notice that came out for this hearing inxdeaqua►te, at least it wan someathirq. In some of tho minor raviewa, liko uigning, they don't 44ven send notic.os At all, at-, you Wuld haven to track it pretty closely to find out when, call Mr, Wuuloy once a weeek or seri ot,hing and say, when's that meeting going to boa. AUDIENCE M1.'M0LR: You, I think (tsps fades — long qop) . 0111i MAWN; T underuta►nd your concorn, yo oh, I undarutand your coni► ern, I 'n+ just saying that unfurtunatoly the Burdon shifts to you tea figur,o out, whin that hoo►ring's going to bo and it's going to boa oomotimo well down tho rand aftor thAt intarsoctioan is built. Yeas, AUDIENCE: MLMBCR; Whun ie tho bottom lint! (tapes fa+das) >chollt Ear,ry Accersa from Cotswald (teapta fasdos) axAactly what happons (tape f*das) , BETH MASON: There isn't going to be any tAccoss for many years bocaiusa of tt►q lack of :ability to got additional right—of--w*y from adjoining proporty ownorrs on either side oaf the site to provide sufficient width to got ax loft turn lane. AUDIENCE MEMBER. So, the issue at hand tonight is (t-ape Was) TRANSCRIPT — KRUEGER 587--03 — Page 40 BETH MASON: The issue at hand tonight is do I approve the subdivision with alternate access, do I deny an extension of the subdivision thereby stopping arty development along that entire Scholls Ferry until there's access to Scholls Ferry, or I guess, Mr. Wooley, you had raised a third option of, well, the Wilton Street extension., I guess to Murray, delaying development of this until the Wilton Street extends through to Murray. Essentially timing it one of three ways, either when Scholls Ferry is available, Wilton is available, or now. (tape fades - Long gap - audience member asks a question, but cannot pick it up,) Mr. Krueger isn't offering anything. We're talking about. it's not Mr, Krueger•'s obligation to buy Scholls Ferry right-of-way for land owners that are far off his site in either direction on Scholls Ferry, That would either be the State of Oregon's obligation or those individual land owners' obligation to donates the land, The State has declined to exercise thoir eminent domain powors, which means it) force somaone to stall to them, to support a private deavolopment, Thoy could gu in there if Choy wanted to and apparently they don't, they could go in and say it's time to improve Scholls Farry period, just hAndlo everythinj that's h.+pponio(I in that -Areas, oxorviso their eminont domain and go t.hrou,,jh and buy up suffii:iont width, much liko they chid on MurrAy Goulov+Ard north eaf 1V Highway whoro they wont in Band just took out a whole row of housys wnel L)out)ht th4? people out and scald it 's timo t.c., improves Mur ray Rand. Thiry could do lb-At, the ; k oAtea e-e>uld atop In tv dU sontethin(3 liko that with Scholls I`err•y, they app"rontly aren't proparvd to do that now, (taps fader - long gop audionco mpnjk)vr o%3kint3 a quotitJon - c arrnot bra hP ard) , , OUTIt MASON: I don't know, RANDY WOOL.EY: Itic Stnto,0 routinely notifierd that (t+ur)ct feudoz) on subdivisions (tope fades) AUDIENCE MLMDUR: (tape Woo) State (ta+pp faders) right-.of--w;ty (tape f atlas) BETH MASON: , . . Mr. Wooley, I don't recall. RANDY WOOLLY. I think barsically the State's saying you Can have access, but you have to build a turn lane to do that (tape fades) basically (tape fades) ... not a feasible (tripe fades). TRANSCRIPT - KRUEGER S87--03 r Page 41 BE1H MASON: I think the State's position has probably been consistent. I think Mr. Krueger thought perhaps he could meet the condition which was why he had proposed the original phasing. rr RANDY W,0OLEY: doesn't know how much right-of--way was needed (tape fades - lung gap). BETH MASON: Arid that kind of design witrk typically gets dune after the preliminary platting process. You get kind of your preliminary plat dune, then you go in for the next level of design work and that when it. would have probably come to light, Yea? AUDIENCE MEMBER: (ask a question but cannot be hoard), UCTH MASON: Th4t:'s up to the City because it's a biggor• pr•ojuct LhAt just, I dant know how tho City would build it out, guito frankly., but it's up to the City (tape fad+as) . RANDY WOOLLY: I forgot how the ut4andArd bone form roads, Iboliovo thoro is a time limit (t44po f•*das) the bond is typically (tipu fradou) rafter the (t.;apo% fiadiru) opprovod to Wo (tapo fadrx) . 01:114 MASON: And Kava dny plans boon autamittod and opprouod for that (t,wpo foadau) RANDY WOOLLY: 1ho plans hovo. boon tubmittotd, I 'm not sure (tr;po, ffidos) approval process (Lwpo fadoo) right now, BETH MASON: Oh, you're talking about as part of Chalford? RANDY WOOLEY: , , . subdivislon which was approved and tho %troot improvomunt is ra pant of those (tape fadas - long gasp). BETH MASON: Okay, more quest:iuns? Okay, Mr. Monahan, did you have a prosentation you'd like to make on behalf of the applicant? BILL MONAHAN: Yes, I dry, thank you. (tape fades - long gap). TRANSCRIPT - KRUE:GER S87-03 - Page 42 (Apparently another audience .member asks a question here but the tape fades and there is a long gap.) BETH MASON: Mr. Wooley? RANDY WOOLE:Y: Well, that's why I said in the memo in the long term (tape fades) of this neighborhood the way we'd like (tape fades) without the access to Scholls we don't have the (tape fades) access (tape fades -• long gap). BETH MASON. How long an interim ares you prepared to live with in terms of (tape fades - long gap). RANDY WOOLEY: . . . situation (tapo fades - long gap) we do live with it and the neighborhood's probably for the most part (tape fddes) suffer *Qrie►us problems with that (tapo fodeas) situation (tape, fades) capacity in they local stroQty, 1,000 cars a day may 400m like tau much to the pooplea thaat live► there and yut (tapes fades) siondpoint there'x odoquato (teapo fodos - lontj gar)) , It's not a clear cut thing of when you nood Another stroot for (tapo fades long gap) . AUDICNCE. MI-MIIE"R: if this is approvod (t.oipu fades) constructhlon daato ►+t.,t (topo fades - long Sap) do you Chink construction (A..Apo fades - luri(j "34p) . FJF 1`H MASON: Mr, Woo 1 e`y? RANDY WOOLV.Y: one of they tuggPotod conditions wres th;vt. 0411 construction accost from Cotswold IV bo off of Scholl% I"carry Roe►d gra (t-Apo NdOs - Lung grip) Moth Cotswald IV and construction of 130 (topo fiadou) . OLTH MASON: Is tho question about construction vohiclas or, about tho ct►r,s that would ultimately bo Coming from thea subdivision? Your answor• only address thea construction side of it what about the cars that would be using the local streets in the subdivision. RANDY WOOLEY: . precedent this subdivision (tape fades - long gap) going to catch up with the subdivisions that have already (tapas fades - long gap). �f TRANSCRIPT -- KRUEGER S87-O3 - Paige 43 i i BETH MASON: What is your construction plan or time for 135th? RANDY WOOLEY: full schedule fur this summer. we're working on { right-of-way and we would hope to be under construction by (tape fades - long gap) AUDIENCE MEMBER: (tape fades) it's okay (tape fades) excuse me, (gape fades - long gap) be as far as (tape fades) won't pick up the cost (tape fades). i RANDY WOOLEY: You're probably talking about the last two overlay that we put i on the streets and we (tape fades - luny gap) or something that we c;n (t.apa faxdc�s) before we have (tapo fades long gap) . i' BETH MASON: Yea, ma'al►i. i (oudioncu cqueation cannot bo heiArd r, long gop horn) i RANDY WONXY: I don't think I know for sure but they've indicatod Choy will allow construction vohicle to (tAPO fvips long qap) put somas time limits on it (t;atpo fatdos) hourn of tho d«Ay (tipu f dp-o) the subdivision ut:arts (t.opea r fa►(ias) pa'oplo start to livo in the suhdivi:.ion (topo fiAdos m. lont3 gap) ieuto t traffic (tapas fades ., lona •Iap) . 1111H MASON: Woll , are you t:atlkinrq ot)otit c-onutruct.ion vohiclos or rosidonts of the subdivision as it's built? 1 AUC)3. ML ME,:MLR, I 'm IAl1,,1m,I #About e:unstrruc.tiK)n vehicles (tope fode?s) . ULTH MASON: okay, it could be a violation of tho conditions of approval if construction vehiclog used the subdivision during tlira time that they could use Scholls ferry. �E E AUDILNCE MCMBLR: (tape fades) construction vehi.clns (tape fades long reap) BETH MASON: Okay. : f r t TRANSCRIPT - KRUEGER S87-03 - Page AA f DICK BANCROFT: For the record, what I would propose as an engineer for the project, would stipulate in the construction plans is that at the end of the existing pavement of Morning Hill and Ashbury Lane, that we would construct a barricade, well, there is a barricade right there now, each one of thase, that would remain throughout the construction period that, you know, all construction activity would come off of Scholls Ferry Road. The only problem we have is when we get down to the part that the curbs are in and the rock's in and we've getting ready to finish up and do the pravernent where we have to take down those barricades and tie in and it's also time to begin building houses in there and the general public traffic- is out in, somewhere, in there, there will be a transition, the State will not want the public using the Scholls merry Road, (tape fades) that contractor's okay, but at about that tinea that tho!3a atraots are pav0d, it will probably be oponod up to thea connections, E CDC MASON; Si.) whon you talk about the btarrie-We remaining throughout tho construction period, you'ro %.,alkinq about tho cenuLruc:t iean of roads. D1.CK DANC;ROVY; wo would maintsain b►arricadas boyond that iso howVvOr 1�+rq as is practical but I,m sero that uomowhoro 41►antl l.ha linea, thea St.«at:u w"+s un.zblo to givta us a spocific doto, but sumewhoru alon,3 the, lino theay'ra goinq to say, hoy, wo do not; want thr•ouc3h tr4ffic t,tm►ir►il thr•c►u+lh heart) ,ar►d wta'r�Q ne,t t«tlkirIg about construction trtaffic:. . firltl MASON; Wall, what. it iamcaunts to is wor'"rs that, we)rta in t.he+ir kuru a►fl.�+r thio etroots are in, could accass thr,oupjh your uiakxiiviuian (tapo faeces .- long gap) possibility (taapo fadou) . Are you 90iNJ t.0 ha" Crhollb rerry OCC006 during then tin►ca thea human are boing built or jurt during the t,i.mea thea r•c.►ads urea boing built? (ta►pe fades — lrant) 940 9E1"H MASON; Arid, as 1 underzstond it, 7 don't know if Mr, Kruegor devolops all the hones himself or if he, yeaah, sells tho lots, so the timing on the construction can vary widoly, it can be years Wore it'% built out, the first homes could be built out within a matter of a couple of months and the ntext one could be two or three years, so 7. think Mr, Bancroft's representation is probably accurate and that is, that after that first; home is built, the Scholls Ferry acce-s is probably going to be closed again to prevent ordinary street traffic from getting out that way (tape fades long gap). { Page 45 TRANSCRIPT — KRUEGER S87-03 - AUDIENCE MEMBER: (tape fasces) get started and then once the first home is (tape fades) streets are (tape fades -- long gap). BETH MASON: I don't think you can call it a ruse, I mean, we're here at a public hearing. No one's trying to put this ower on you. 1 think it's . (Audience member interrupts but cannot pick up what she is saying.) BETH MASON: Well, 1 think that's what the whole thing has been .about. Until tonight we didn't know what could happen on Scholls Ferry. I think that's the point of ttiir. Wooloy's report and that is that the only access, if the subdivision is approwed, tho only accosts to Scholls Ferry will be during the constructien of the roads arid all other construction traffic just as tho construction traf'f'ic for your stAbdivision impacted they ,adjoining subdivi:►ion whon yours was being built, so your subdivision will be impacted as tho adjoining subdivision is boint3 built, th,tt't3 the nat.ur•ca of the gama, you know, au tho next ono 43ovo in, the ono next door gioL4 tho impact (topo fadou - long ,Jdp) , r (Audivnco mombor auk% c*not:hor quoution horso t)ut c;cannot: Stick it up, ) t t L114 MASON: Mr. Wooloy, have you changod .your, ruc:onm ondation from your, M,ky 31st memo? RANDY W001.fY: My rocommoridat ion is utill opproval (cape f►adou) aagainut, it'u n►.►t (topo fadov) utandardu (taupe fadcu long ►1=xp. ) UE144 MASON: I've told you what tho thrwca opt.iona aro. that 3, soo boforo mo, you know, riot opproving this davelapmont +.nt all until thoro' s access to Schnlls Ferry for overybody, or riot opprovin(3 it until thorea' s accolss down Wilton assuming that moms► of tho traffic would at lodot bo siphonod off down Wilton to the Murray Road oxtanuion, or approving it uubjoct to just lettint3 tho traffic go through tho Ashbury Court And Morning Hill Drive that would presently sorva the area. Tho first two options carry a+ very ugly ward asoociated with it and that's moratorium, Essentially, either of those options suggest a building moratorium in this Orem, if I'm not prepared to consider routing this traffic through the other subdivisions. I know that it C, TRANSCRIPT — KRUEGER S87--03 — Page 46 s is not the policy of the City to suggest that moratoriums are appropriate under almost any circumstances, unless they're flat as no service, so it's a consideration that is there that you all need to be aware of and that is that that is not what cities like t;., do is to declare moratoriums an certain areas. More questions? Okay, Mr. Monahan. BILL MONAHAN: Thank you very much. first, ?'d like to mention that we do appreciate the fact that the staff has worked with us over the last week and narrowed the conditions down to the LID assessment. That's the one condition that I have to address tonight as still being a problem for us, Our position au I present last week is that the problem is a matter of time, A paint in time will occur we fea3l when the Scholl-3 henry Road extension will become a reality. We caan't predictwhen that will occur bocaause there are many different: factory involved including the privat.0 devolopors, that Propcar•ty aawr►era or► Sc:holls Ferry Road, bath uadeu of the road, the tanto sand County caa they go throut3h their transfer of juriudiction of the (tope► f*+das) .as well As tho Staato and County *Au they crocito tho uxtvny.i,on of b,aviv* kcaod. Asa matter of foc.t:, in our discuution hast weak with Mr. Cundoroon, ho utitod ghat when ; all thoua Stator and County improvomontu ora mado, it's pouuiblo thot tho dasign that we onvirsion for Lha Schollu connection many not ovon bo waarra►niod at that t.imo bocouso (tope► fodou) cars will :+c:tucally bo m�aklnr,l oa left drawn *rhollu tarry Road bucAuuo of thea (taapca faados) . Our proposal that wo'r•e nwking now iu that tho uppor' Port ion of the subdiviulon not bo complutod of this time, Wel haavo cut: bwc;k thea numbor• of unite within tFio subaiiviaion to phasing of 53 lots right now with tho dodicotion of ri+Aht= of­WAY yc► thot tho connoctiun to S€halls Torry Rcaaaai can bocumo o roaality of tomo paint in ti.aa►ca aas we'll be giving tho City the nocousnry e+lome?ntm that thriy no gid to furco A connection through oven if dcavolopmcant doovn' t occur-, Wo fool., though, that inclusion in the 1.31) is on unroatonaable condition for a► numbor of rea►sonu. Thu first; rca&%on is that thea City over, as period or&pprox3martwly o yaor want through thair asta<blidhod LID procots and they dotorminod which proportiot banefit and which do not, During the formation procoss, it w*s roaadil.y apparent that the strcat systom that they onvisionod thot would provide for the aventu*l residents of CotswAld area and the surrounding areas would always have the option of accessing thea existing local roads and going through to 135th. Therefore, there are a certain number of trips per clay that were already expected. The imposition of this obligation as proposed represents a TRANSCRIPT — KRUEGER S87-03 — Page 47 full assessment ignoring the fact that any increased use of the local roads and 135th is temporary until the Scholls extension. Secondly, we feel that full use of the 135th access is temporary right now like that of Summerlake although, the village of Summerlake, it isn't accessing all of its residents to 135th probably the same amount will be accessing from Cotwald. The village of Summerlake, I'll put this map on the wall, Summerlake, the established residential neighborhood is right here and the City park is here. The village of Summerlake is right in this area, and correct me if I'm wrung, it's around 200 lots envisioned, Keith? Probably about 2t0. Cotswald is here. Cotswald's access, exclusive of Scholls, will be through Ashbury lane to 135th, through Morning Hill Drive to 135th. and eventually as has been stated, through _, „�,, 7 to the Murray Boulevard to qo this way or that way. The folks that will be residing in the villat3o of Summerlake will havo an access by w►y of Wintarlake Drive to Brittany Square to 135th or throut3h Morning Hill Drive to 135th, or as Mr•. Woolly'u mono paints out., thr•ou�th 129th, that I think is a minor collector, throu�.lh a rouidontial nuigh►borhuod down to Walnut, Strout. And what R"ndy's mrado mont.ion of is that thouv folks wor•a oxcludod from t.hu LID c►s they will prob;jbly be part of Fa futuro 1,.10 .and that 1.1.0 3. boliove is a ma»sivo improvemont to Walnut St.root. Your ot.hor r option i% to got on Kathorino Strout and woonduir out to 121st, Now '1'vo q0t a► `. small mAp I'd liko to (tapo fades m.. panel gap) . BLTH MASON, Tho map Iva just boon h.andod will. baa n►arkud Cxhiblt A. HILL,: MONAHAN; . that wo ueo horn is that (topo fodou) th►u passibility of connecting to schonu Torry Rood (t.apu fades) MurrAy Boulovaard conna ct:ion (trapQ fOdOO) WO f0.01 hras a gr0*tQr chance of r►+aality bocAuuo of the. dovalopmont of Mr. Kru4ac3r,r'% ]tend, tho W,%]nut LJD, which would Bassist in moving trwffic out of the villrago of Summorlake ,iroa [ar►d also d connection that I showed on that map which is a completion of 130th up to Scholl% Farry Road. One of the access pointe that the► village of +un►morlake would have is to Scholl% (t&po fades) require going along property thaat is undeveloped at this time, wo're not sure when it would develop. Wo fool that the now projects are similar in the regard that they both need more access to 135th than one nornmlly would suggest but that both of them have opportunities for improvements to other streets and eventually bring the number of trips on 135th down to ra reasonable number. The Cather factor is the village of Summerlake is 200 units, Cotwatld that we're proposing now is only 53. The TRANSCRIPT — KRUEGER S87-03 — Page 48 Cotwald as well as Summerlake project will have continued use of 135th. We feel that should be taken into consideration (tape fades). The final point is the questionable future of this project if the LID assessment is added to it. �J We feel that the condition is unreasonable. We feel that the Council has already assessed responsibility for the 135th and Murray LID's. Recommendation from you that Cotwald contribute to or participate in the 135th LID will probably require Mr. Krueger to go to the City Council and seek their removal of this condition by appeal for reconsideration o'r formation of the 135th LID, I submit that the 1.I1) could proceed ;as it is Mr. Kruegor should be required to continue with his obligation for Boulevard as he develops. The condition that the (tape fades) would add almost $1000 per lot to the 53 unit.-i. At this time, those lots are already obligated (tape fAdoa) financial burden for the construction of the Murray Boulevard extension as well as as Scholls cc)nnection. My concern is that (taape fodos) and we probably should narrow it to Ono, My question is, is the issue who should pay for the 131)th LID (tape faados long gap) pray for his ahiare than burdon to offset the impacts of ciovolopn►wnt (t:apo faados) . if the question is who pi*ys for, 131a01, poncaps beth Cot.wyld nand thea villcwgca At Sulumorlaake► should haavo boon includod in the originyl LID, lout thoy woron't, The Council woighod the evidonc►► a►nd maado thoir cheiIVo lijoy reacxagnir4►d that Cutswaald would ac.cusis (tapo f,*doa) tho ismuc) t:t►at 04c:h dovalopor pay for, his shfaro of the offset for, the offuctivo (gape, fadsaa) of dovolopmont. (tnpo f:*dos) nca +chxngo should bo nwado i.o this 111) nor xt►ould thorn bo A cha*ng0 in Mr. Kruo9or's► conditions of dowolopmunt, Cot►swaald will pay for (tape fades) intornaal stroot mprQvements within tt►a auiadivisiyr►, twq, tl-►ay' ll paartic;ipaato in th.@ Murray oxtonc+ion; thirdly., thoy'll covor' thea ic�►st of tho Sc' crrnnrtCtion when it, 11006 throu�lh, At thea prwsont timo wo'r'e 00king that ria of the 72 lot be 4illowod to (t:rapk fradvu) tho rumnai.ning lots bo hold in limbo I until tho Scholls connoction can occur. I'ho rcoquoat for a modified phasing plan is not of sufficient thongo to warrant impofsing to full 4.49 pur-cont (tapo ft►ados), Finally, tho newly imposod option, or, moroly suggested option, thaat; would sallow us to roduco the LID contribution by 5p porront roally troublcas mo. It was stated that; Mr. Kruo9or intor►ds to fulfill his obligation to build the Murray extension, lie nopds to proceed greadutAlly, He needs to develop subdivisions sand gomprate tho cash flow to do the Murray extension (tape fsados), Mixing the filing of Cotswold plat to txn assuranco of condition of a portion of Murray Boulevard we feel is not justified, Tho projects stand � TRANSCRIPT — KRUEGER 587-03 -- Page 49 j r alone which each sharing a percentage burden for Murray. As it is. the whole Cotswald subdivision can't go forward now. Mr. Krueger's not in a position to provide financial performance assurances for a second subdivision until he C~ proceeds with the Cotswald subdivision and finally determines what the final plats are (tape fades). Moth the Cotswald and Chalsford properties as we talked last week are zoned for R-25 development. the realities of the situation are that conditions can change which may necessitate a change, in the development scheme for the projects. We, feel that if the new condition is proposed and put within the, approvod application, we will possibly lose this building season in that any appevl to the City Council will prob.'tbly get us there mid— to late July. The, appeal process going through that i3—e,ts us into August (L.-ape fades). 1. fe+,l tt►at if this itom went before the City Council, it is my opinion that they will look at it and say wa'va alrOady gotten a commitmant aut of Mr, Kruot.jer, t►c)'s iguing to build the Murray oxionsion, wo'vo already decided that Cotswald will not: be within the 1-10, we 41444y4 thought that development of all hi-.1 Othcw lands worn gains to help p,*y for Murray, why aro wa holding things up. 50 my pr()posal to yir)aa is ti,&*t the application be approved with all of the cor►ditiona sIojqustod by Otoff with the vXcludion of (tapa faduo) . 11L114 M;4"iON: Mr, Mor►c►h,;rn, boforo YOU 104,jvEN the n►irrophono, what bindiril ubligat:ior► t►as Mr. Kruo►tgcar ontaarwd ir►t.o with Lha City of 'Tig4rd that will sasturu his dosvelopmont of 010 Murray R04-Ad azxtVt1OWt1? 0111 MONAHAN: His only hinaiin'g Obli+gat Ion in ono that ha's3 worked with the City otaaff Au will, an they City council f0 t, t.hp lent five yararo and ho' ,.-s bean truce to his wurd at thio poir►t i.hat t►a pa+yn for his (t,4po fndas) or daavolopmont, her JIA% obligration# gar► the ptcopertjet). tic, only hrao oaptiono M this t:imo on owning these+ proportiuo. Ila can't at thin t9mo provide sin aasaurance by a, bond that ho will build tho Murray Doulevard extur►sion becaauoe ha docasn't own thea properties that would taco burdonod by that obligation. Unl000 he axorcioun his; option nand purchoviets all of the hand in quaoti+on, arid the land on the south lido of Murray Boulevard, is it 100 across or, 150 aacros, 54 acres arid we're probably talking anyway in the vicinity of $30,000 to $40,000 an acre and, again, ho cannot place that burdo+n on the property without exercising his options. If he d000n't exercise his option within a certain period of time, he loses out on those options and the land remains in TRANSCRIPT — KRUEGER S87-03 Rage 50 1 its present state until a future development comes along and makes a deal to purchase the land. So what we're saying is that he's always been true to his t ► word before, he's developed in the City before, the Council felt that way when they formed the LID and I think tho!,'11 feel that way again. The other s question is the cost of a bond. What I've been told is that a bond normally { costs somewhere in the vicinity of about: 10 percent (garbled) the cost of the improvement and that, again, is a tremendous financial burden particularly in light of the fact that he's building these subdivisions at a rate of 7 units per acre as opposed to a its maximum density of 25 units per acre. lie's trying to allow for construction of single family homes, and to do that, he needs to keep his costs down, l i BETH MASON: What is the status of the C;halford subdivision. Has the preliminary plat baaan approvod? i (rouponue cannot be ho4Ard) g t ElEi1i MASON: Whoro acro you in tho final plaatting procaasa of that? MR. KRUEGER: did thaal; for mo early this spring and whin hu brow<3ht to nip the figures of tho Murroy or.tunsion to Wilton arid slightly boyond, 1 maid, ash my goodnaass, I can't afford this, it's too oxpenaiv►a, but. . . H[A H MASON: I# this piar•t of Cha►l ford? MR, KRULGCR: Corroct, lea.) 1 looked hock Again, wheat alto con t do, Aqaain, this is band 1'va had undor option for many yoftrs from my for-mor wife, and it's a good piaacaa of dirt, but 04at' :s ono roaaur► why Murray did not go undaar. than L1 D. Mango would not last hor land ba lionod (tape fadon) is tho own0r. And I will do it, So I lookod around arid was still hod Cotswold IV (taps fades) over-, And 1. thought, well, if thpro's as way that way can ferry that 1, can at, least gat Cotwal.d IV dr.)no this year and than, again, uto those cash reserves to put into the Chaalford piece and this excess cont I will incur, the off site (top@ fades) Murray. That's baaaicaally what I'm trying to day. 1. would say the n►onieu I've expended on Cotwald IV, the engineering, the engineering and staking also of Chalford (gape f:ade%) yas, I am here to day IC TRANSCRIPT -- KRUEGER S87--03 -- Page 51 1 something. I'm trying to do it as painless as possible financially so I can get going again after the bad times we've all had (tape fades) . Let we get r.- (tape fades), BEIH MASON: What's the condition of approval that is attached to Chalford subdivision regarding the development of Murray Road? MR. KRUEGER: (tape fades) correct, yes, (tape fades - long gap) except, the multi-development that: Wost built just to the north of the Chalford piece on Murray. No one is going to come in and say, hey, we'll take care of half of Murray (tape fades) mine. Down where it borders Cotswald III which I -sold to McGehee in November, of 1986, hole not going tkk wove back, aim, and say, Russ, old buddy, this gLies past this devolopmont I bought from you and it's built off Arid 1 will do my h:-alfm -street now. You know, 1 undorstkand, 1. did a year +c3o, I do now, it: is my obligation, it i-s very, vary spondy, vary vary expontivo, off -site, Arid I 'm just tr,yiliq to find the moot painlotis wAy to achisive thit, tho most painluas way to ma, t: jo most iss to do Cot.swald 14, 8D)i MAI.X)N: :gig onkit3olt► to support tho co-stu of the Otitir-o (tApe fvkdoli long gap) . MR, KRUFG.R: 1 would toy with Aho ph:auing of C:holford (t.,.F.uk fod,00 PhA-sNa, it door (t:,akpo fados - long grip) it would bo more oxponuivw luta (t..apo fokdou) down in Vot.swAld, but y0e, oh, of tour-se, (tapo fAdos) 0014 MASON, not in tho first ph*,so`t MR. KkUI:GCit: unary, very tic3ht. i3NCatuvo thtaro'% ApproximAtoly, whAt, 0 lotti wo hsd in th<aria for thot and that w+ja Murray A►rkd A portlun of I315t.h (t,wpo fekdou - long gop), BE114 MASON. . . , portion thAt oxtondu, that little #tub from whoro the LID improvamont stops? MR, gRUEGE.R; Murray goes in like this pluo whore it goo# further north (tape fades) Walnut; Street, TRANSCRIPT W- KRUEGER S87-03 W Page 52 BETH MASON: But the only condition of approval right now aside from your (tape fades) moral obligation to (tape fades) beth sides the only condition of approval that's attached to Chalford is (tape fades) length of your property for Chalford. MR. KRUEGER: No, it's a full street. BETH MASON: , . full street, but only for the length of your property? MR, KRUEGER, For that. portion of that (tape fade:) . UETH MASON: And how much is that on the (tApo fades) for that your, attorney MR. KRUEGER; l.t goes down Just a little, bit boyond Wilton Strout, Cotswald 1:1.1, down to that, , , UN1f)E.N1'IT31tl SPLAKER (K111H l.10VN7): C:half'�arod is t.hioi aroa right in hors and IV he (did ego throutgh tho condition of nipprov-4 would bo tea put: in this Iaoction of Murray Lloulo+vwred, a fuilf- stroot obligotlon or► 13bih (tezpe fados+) but- ;juHt. to atop horn with zhv idosA th4►t thin no►ction of Murray would (t:ap!4 foidou) odor,+ in conjunction with whotovor dovulopmunt 4)oou un over horn► (topoy faodoo long gi►p) BEIM MASON: half=atroot ora 13a01 viouth to Walnut , i.0 a t►alf= atr°�?�+t. going to haandloy that traffic, 1 ►saoatn if you knew, wolro talking fobout th.ir axton#ion oorving Gottwald IV and ro+lioving tho burdon thfat would othor-wito go oatst, th►ay would comm drawn Wilton, taako► tho Murray koi%d oyxtonflon down to WMlnut, wart can Walnut, 3 ►guooag, but io that half- road oxtonuioan or) 11.5th, i.a than going to ba od(yquaato to (tnpo faado s) (ond or t*po Tido 3) sKo part: of Chalford (tapoy fodos - long agaap) full rtroyot for tho bnleAnco of it (tap@ fatdeyn long gap) and how io it phnrod, it it phxsod co that; phaaoo ono to tho ontira length of thou otro of and they condition attached to phrkoo ono or it I% phaarsod in eaatt-vast diviaiont whoro only a portion of Chaalforcd ig going to bo? TRANSCRIPT — KRUEGER S87--03 — Page 53 MR. KRUEGER: It's been some weeks since I looked at Chalfurd, but as I recall, and Dick can correct me, it's phased from Murray going south as I believe a strip of sorts, not the full depth to the southwise (taps fades). BETH MASON: Is that your recollection, Mr. Wooley? Do you recall? (cannot hear Mr. Wooley's response) BETH MASON: Do you recall, Keith? (cannot hear Mr, t,iden's response) BETH MASON: All right, thank you. Mr, Monahan, are there any ot.hor (tapo fades) presentation on behalf of the applicant. witnassos? Anyone elsa wishing to speak in favor, of thin Application? All right, anyornea speaking in opposition (tape feados), KEITH LIOUN (7): Wo'd llkwi to iaKk ovor,yorio toutifying to ploaoo sign in bofora or 4ftar you speak, BRENDA Glf..M: I'm E3rvndEa Gilpin, 1 live int 11721. SW Wilton ;;tr•o0t., BE:T'H MASON: Your last nano a,3,ain w.as? DRUNDA GIL:PIN: Gilpin, On tho issuo of they odditieinial trAffic on my stroot: and the otroots ourroundirig my neighborhood, whon wo purehitood our honia lost November, movod in last Novombor, actually purch,auod it in SWptomber, the► City records eit thoat timci as wolf +as tho panted sign behind (tope fwdoo) house or) Morning Hill indicotc►d that the P,cholls i'err•y exit would be nvmilablo to the additional saventy-voma homos that wore going to bo built behind us. Wo havo not objection to homon going in behind us au long ag they are consistont with the neighborhood, however, we dial not expoct to tiova 530 Plus Additional vehicles 66 well aay construction traffic on our, street. Arid 1. do not t understand why Mr. Wonky'it four page May 24th mumu which entirely *ddressod the needs of the neighborhood, now on his May 31-st morno does riot even raluo the issue of the neighborhood concerns, The City's responsibility should be TRANSCRIPT — KRUEGER S87-03 — Page 54 to upgrade communities riot to downgrade them. And I consider it downgrading them when they're directing all the traffic into residential neighborhoods. And I think temporary, as Mr. Monahan uses the word, is a word with no Crdistinct meaning as far as Mr. Krueger, there seems to be no timeline for construction of the Murray Boulevard extension. There seems to be no timeframe for the extension onto Scholls Ferry Road, so for an indeterminate period of time, which could be years, we will have a large volume of traffic going through our neighborhood (tape fades) and as far as him participating in the LID, why should he be excluded, he is a property owner in the area. So I feel very strongly that while I can understand why tit-, wants to continue building in Cotswald IV. I cannot understand why the City would allow the switch in phasing and the additional traffic to be routing onto existing neighborhood streets when it's goin,>) to be an intro;*3o at the City Engineer's own eatin►iatu of 100 additional car~s a d.ay. I don't think that 's acceptable for a noiqhborhood to hAvo otrly two exit stroots <and h.avo thiAt many homes on it, HLAH MWiON, thank you. Anyono ulsu7 You, sir. tt MARLIN HOPFOR: I wou141 like► to spu,ak ir► favor of the proposAl, M4 o-A Ari t.. Marlin Hopfor, Por, I90, Routo 1, proporty 3 think, x.300, 3 'm not: buro wth�At Aho lot number is +Anyway . I 'vo ap()kor► boforo so it'# a matter of roc:ord. My eoncorn is I would like+ to soe it wpprovod with thea dolotion of rocommonde+tion N3. If I understand it corrocttly, if in fact; money is taken toward thea 135th t:.Ii) thvr► proportipriato nioniwr3 w4)u]4i not. bo ovailoblu for: a future ;30hollo Furry RoAd improvomont, it thit corroct, or, would th4►C riot offoct it Ono wa►y or the othor, in othor, words, if mor),dy is takwr► f0rr st VOI, improvNn►ont» 1r0r' 135th Ctroot, then in Vact, thoso montor would prob.*bly riot bra averilablo for th chol l s Furry Road i mprovemorit . OLIN MAIpN, W@11, I think you hn►vo thc► opplicont'g prr►ctical problem of' how m*ny dollars doss h@ havo to spwnd. MARLIN tinprok; That's what I'm raying, TRANSCRIPT -- KRUEGER S87--03 page 55 BE'FH MASON: But from a development point of view, if as a condition of this phase he was required to participate in the 135th LID it would not preclude me from requiring the contribution to the Scholls ferry improvement at. the time he wanted to build out phase two, the new phase two. So that piece of property could essentially be held hostage until those improvements were done and when he chose to do that would be up to him or the length of time of his phasing MARLIN HOPFOR: 1 would be in favor of deletion of (tape fades). BETH MASON: Okay. MARLIN HOPFOR: It's my dasiry to vxpryss that at th:s time. BETH MASON: Thank you, Anyone► alae wiuhinq to speak in opposition? Wo really Tara in thu opposition phaco, You, air, RUSSELL HADD: My ncamo iu Ruauc►ll HAd, 1 livo :at 11W) SW Wilturi Avonuo, Tho loner 1 'n► horn, they mare I. atiar't to -boo faint, ui;lns of thin(30 thAt 1. thou,yht took placu only in thea wldor diutrictu of (ahie^.ago but purh.apu I'm wrong, Mr, �. Monot►Fin ahowu that, eat least in my opinion, thit. Johbyiatn abound from oUr' littlo community ovon to thea point: of uomot:imos compromiuing our, intogrity. Objection noted, 111111 MAWN: Mr, Monotion, it's not r►pcouaary, you know, a public he►iring ib a very l i trail hoairi nil f►s I'm cure you r,ocaal l ,and I conn i+dor t:he t'a►cts as th€►y are pre»cntod to nie. RUSSM. HADD; to a certain oxtent, Mr. Msanxha►n hod input, since ho iu ropr-eaaant:ing Mr'. Krutigor, and to the Clty'u 4mmisuniont of thu LID for 135th when he vorvod on the! City Council ns Community Affair Director. His input was well known both, in ,our meetings with the City Council on 135th, the apartments than arca off' 135th, and new he toomu to state that it's unfair- and I question how he can arrive at that while at the same gime, not: mare than six months ogo, stating opinions in the different aarems. 1 question Mr. Krueger's word as Mr. Monahan had stated that these arp tha only guarantees we have is TRANSCRIPT _ KRUEGER 587-03 Page 56 Mr. Monahan's word, or excuse me, Mr. Krueger's ward. We found that Mr. Krueger's word changes often as our last meeting with the City Council on the supermarket that he wanted to build up un the hill right now that was denied by the City Council. There's a lot of questions that are as yet unresolved as far as this proposal goes that weren't adequately :kddressed in this meeting and that is the effect on Wilton Avenue since that now has changed, the effect the emergency vehicles have, the traffic as we found that this has changed also based on what we were told last week as far as the traffic onto Scholls Ferry would go during construction phase, that has changed now also. We question the traffic on Wilton as far as the numbers, We feel that Mr. Krueger made a goad faith. if not a guarantee, a good faith effort to the City Council, At the same time now, we aro asked that we should compromise our good faith, The LID assossment for Mr, Krueger we question whuLhor or not that should be in place, and we agree that it. should bocauso he is, aftor all, th►o property ownor and we were assesaod that tax having moved into the ► neighborhood also. Wo fool somewhat let down by the property ownora on Scholls rorry who are tonight in dofonso of Mr. Kruugrar bocauuu baaica'lly they E aro %crying that. you can go wh►oad and scacrifico but we won't, We quuntion if thin is indood true. lat.or on what: will Kappon once they realize that they could bo oligiblo for on iassansmi>nt onto Schol1n {"orgy. Wo Baru definitely in ► oppositian to this rand I think until t;ho fAcAs oro known as what the trarffic implications aro goinq to ho, t:ho conatruction implicFationx+ caro going to be. E r the omor<3oncy vahiclos :aro goir►yq to be, tho oxtont of how it affact:K A-ho thirty sumo odd childgon that are m �.(?) on Wilton Avonuo, not, to montion *Any of thra other o►roras, that wo harvo to opposo thin moAvura until we hr+vo a fow mora dotath. I`hank you, DE` H MASON: Thank you, Anyono else winhing to spotAk in oppollitiun7 (trapo fades) FLMALE AUDILNC:E: ME;MBI-R, , , , 11707 f;W Wilton and bazically the way my husband and I have taalkod thin out arid road ovor tho ma►tarial that's boon distributod to un is how all this affects us as ar family, how it affects our, kids and how it's going to affect everybody in our neighborhood, it %oom% like, until you tanked about timing last week, the timing of all this IC . TRANSCRIPT — KRUEGER 587-03 Fuge 57 different kind of building and things, it's really difficult to put all the pieces together and have it flow in a manner that's acceptable to everybody _ and what Mr. Krueger was saying is that it's been hard for everybody and I think there's riot really a simple answer to any of this and that all of us in the end are going to have to compromise a little bit, but I think we have to consider what's going on right now in that there's families there now and that the site that we're ta)king about now is unoccupied completely and that there would be any problems as far as traffic goes and as far as accident go, and access, until, they won't be affected until they live there and if there's access to Scholls or there's access to Murray, why can't we wait till those things are completed to go on with building, bocause thoy're, not affected, it seoms like we have to take the blunt end of it all and as you pointed out the only people the+t.. Oro here tor►ight. care people that live tiro Wilton because the. rust of the nairlhborhood is kind of Lirod and it's like mooting after moutinel and thoy'ro just tirod and thoy all just do whatevor thoy'ro goin�j to do now. Thoy'vo soon the traffic �10 throujh thoir neitlhborhood Lo aoo our noijhborhood put it, it's liko, you just kind of swallow it, but it's right: now, wo have comont trucks go down our, %trout, and loa►dx or drywall go k►y and it'll juut grit worso. So 1:1m not ouro oxoctly in formal, t4)c:.hr)ic«al lv►n,jua�(3P. called approval or diuopproval of what's boforo you t.onitlht, but: that, 1:. don't think that wo should o on with buiWin;) ur►til therolb proper, occvus, Vhrlou)jh mAybu sc: jolls, mn►ybo Mur,r•a►y. T would rather just uau t.houo bsarric;ados stay up until sono c)t.hur ac,couu or► tho othor side. l titiouu th4at' u it:, (taps fades lone gap hero) RIM MAt�UN; in cypposiUM17 f 4 MIKt: rTAGMAN: Miks StaOm.an, I live on 11821 N (tapo fados), I.t's back to j tho originrAl lotter to sinal with tho knuckle► c:urve)r). My concorn is #imply this. They .allrawed it the first timer, that thorn wa+s toner knuckle curve+ in f there and OPAL wag allowed and m�jybo that w,as ar) ovcrslght in the very F : beginning, Fiowover, when tho first- letter* disakgrood with those knuckle curvpu w or felt that there was a rid oty hazard there, you know, 1 think that wens very valid and just because it was not recognized in the first; design doesn't; sa►y that it was wrong, 1 would hate to see that a child would hvvo to get hit: or something like that when the development: goes in, and someone says, rah, we TRANSCRIPT — KRUEGER 587-03 — Page 50 should have maybe checked those knuckle curves out more carefully, you know, whether that will occur, hopefully it never has to occur but I think that _ should be noted because it was seen the first time it was approved, the first �. time with one, that having three of them in there it causes more problems, The other thing I would state is that probably not in regards to this, I don't know, but as far as a recommendation to the City, that I recommend that you do not put into record land layout or plots or whatever they're called, or individuals like myself or whatever to be mislead to think that a certain area would be developed in a certain way. I agree that it's stated that they can make changes and things like that but when as a citizen or, whatever you want to call it goes in and checks these things out and is given that information, to take that information, We're rot-it all up to snuff or whatever on all the legalities of what zoning are and things like that, and no one ever will be, and so I would sugtlest th*at, you know, in the future for tho City that they put only in the land layout, riot plats, and mark un there, if it'g R-25 or whatever the caso may Pao, that put in thore what can bo placed on thorn, don't. put in a picture of a proposed futuro plan that has roAlly no meainint3, b0c.au6e, again, wo don't all heave the knowlodgo that ovorybudy olso mitlht havo of dot:armining what thaso things art+ arid, you knew, it's easy when ytau'ru in a aitua►tion sand yo.u'ro trying to find thO right Pla►Co «and considprintj all those diffuront thin.1v , you k.-►ow, thaat' s somothirq that just ducts not; ct+mo out: land t hit: you in the fwc.a. 1 don'tknow if that hag anything to do with this or, riot. Thank you, DrIH MASON: Corroct mo if l 'm wrontj, but is thca plotting law statutory? E cor►not hoar the respranuo or who is spciAing - Kc►it,h Lidopr►?) KE3141 L.IDLN(?): and how thoy napd to bo recorded and to Birth. W11 MASON: Arid isn't; it a dual stop, isn't it a► preliminary and a final proc000 by statute? IL's not, there's no rogervaition, in other wards, you can't wait until you're ready for final platting before -somothing's rocordod, As I recall, tho sttatuto roquireg a recording of tho preliminary plat, Kf I7'M L.IDCN(?): Well, in public record, not actually recording the plait over at the County but (tripe fades) records to show people (tape fades), TRANSCRIPT - KRUEGER S87-03 - .Rage 59 BETH MASON: your- comments are probably really well founded from a layman's point of view. The correct place to direct those comments is your legislator. ij MIKE STAGMAN: All right, thank you. UETH MASON: Anyone else wishing to speak in opposition? Anyone further? Rebuttal? Mr. Monahan? BILL MONAHAN: the first item that was mentioned was concerning phasing of development (tape fades) throughout the community, We recognized that there is a problem as adjoining subdivisions develop and the fact that total development plans of areas of the community do take plau+: in piece a,oal fashion, The connections that will take place betwear► this subdivision and Cotswald 1.11, 1, and 11, however, are no different that (tape fades), I make spacific referonce to the arca in which I live which is Pick's Landing. Pick's landing is south of Durham Road and is aadjuinod by Copper Creak and Knakeland Estates, throe sapaarato subdivisions, all built prior to 1902, I've livchd there for five y04r's arid I live On Sur'ar►aa Waxy, Sar►►naa Waxy is the main aas;cass from thosw throo dovolopmonts beak ante Durh,arn Rtlod, 1ho only other two outlots for tho thr•oo subdivisions include loc.41 stroots, Maar'LFia 5trooL and ona othor whose nome us&a'.ap►)sa me, to this otr,00t that. 010 high sas.•hool it on. Riverwood lana, the main, (t:,apu fades) that taxis►te in all throo of thaasaa subdivisions. is ttoppod gat both ►-nds;; it dodo riot ;,jo 0out and it does nut. ga.► west arid it will not tjo t.hrouiih until the adjoinirq subdivisiorss occur. :;o l 'va !►saran tF)or,p five years, unfortunotuly wolvo hood to live t.hr'ough this #same circumstance, I sympothito with (t,ape fa►da►a) you live in ono aul-adivigion rand the other, subdivision occurs n►axt in the► book , Wo a mor-mal pr�actico +as► developers do riot build in harmony, ^,ocondly, the input, lay Mr, Haadd th,rt I did treks# offon5e to arid 1 aapprocirate your noting it, my input to t.ho I.II), yes, in fact, I was (tripe foods) from the batpor-tment of Community Oovolopment (t4Apo fmdsss) the work that Mr. Wooley did to WofLk up the L.10, Howrvor-, 1 do want to point out that the staff position wits one of Kra+fting the boundaries and the assessment mochonissm, that the City Council, in fact, m,rde the final decision and gave us a direction based on the full year of public input, fie made reference that 7 feel that the LID is unfair'. I de riot fool that the existing (tape fades) LI® that was formed again after * full year of public input, I feel that Council made the right decision. Tho unfairness that I'm speaking TRANSCRIPT — KRUEGER S87-03 — Page 60 to (tape fades) is to go back and repeat that process now without the City Council having an opportunity to review the situation. Y think the Council t was more than happy to finalize that LID (tape fades) . The knuckle curves, Y \^ agree with Mr. Wooley that the condition (tape fades) be dropped because not only in the original plan which were submitted for Cotswald last year but in prior subdivisions going back many ,years, knuckle curves have been approved. As a matter of fact, the map that I submitted to you earlier is another subdivision there at the corner of Katherine Street and 125th Avenue, One exists, and I think that development. Occurred prior, tO my moving to the City. So it's a standard that the City has accepted for quite a long time, certainly the City may want to take a look at it and deter•mino whether or not it is a safety concern that should be olimin:atod for the future but like all standards, there are different; opinions, and Mr. Wooley has his po:;ition, Mr. Bancroft has another, and apparently the City at one point in time when they astaablishod the standards mado a determination consistent with Mr. Rancroft's. 0011 MASON. 'Thank you, (t:aapo fadoy) rebuttal on bohalf of the applicants, Robutt,al on bohalf of tho opponor►tu? ®RI"NAA GILPIN: I don't holiovo Mr. Monaihaan'a corn►lot:ion of Pi.(:k'r I,Aridirlj ri with our, neighborhood of Cotowald 11.1 hwx+ onythinty to do with tonicght.'v oAondo boc.a►use I don't think thyro warn any promiao of An %additional itccooa ro-Ad art tho timo ho purc.ha►sod his homy, and 1 think tho iciuuo is boing cloudod by tho F s fact that wee are ta►lkinq about: a►n additional WO pluv cors 's day in Cotrwald 1 11:1:, 111, and 1, and the traffic is igoinig to bo thoro for? on unknown porlc,)d of time ernd that's whit; I'm oppolod to, ; BETH MASON: Any robuttol by thea opponents? Close the public. Portion of tho hoa►ring, Arca therao any othor quostionts, quartionii of sta(f, any othor questions about this opplicaat.lon that nood to bo (taapca fodo#) , KEITH MEN(?); (tape fader) fart wook (tape fades%) did have once other, question and that was the condition (tape fades) wyrtern proportion (tape fades) the fact that they'ro at least (tape fa►de%) that war polod to me, whether the street% were required to go through or, whether, we were going to have the (tape fades) go through (tapo fades) adjoining pr•opor•ty owner•% wanted them to ego through or as Randy Wooley mentioned (tape fades) forth would we try to hit (tape fades) preserve the option (tape fades) go through. TRANSCRIPT — KRUEGER S87--03 Paye 61 r BETH MASON: Mr. Wooley, your memo of May 31st didn't really address that issue except to say that it appeared that the property owners of 1300, 1302, and 1301 would have direct access onto Scholls Ferry under some sort of a shared agreement. I read that to be your tacit approval of the revised plat that terminated access to those properties but perhaps I misroad that. RANDY WOOLY: Just like the knuckle curves. I believe that my staff has previously interpreted that condition to moan that the westward extension would be deleted and therefore (tape fades) withdrew my objections to that (tape fades) would be helpful (tape fades) that condition clarified (tape fades) staff understood your direction (tape fades -•- long gap). BETH MASON: All right, this is thea time whim I would generally make an oral decision to be followed by a writton doc:ision within ton days. llowovor, S find that I'm riot really rcaady to make a docixion on this yot; Thoro aro a cuuplo of thiru3s thiat I. want to do, 3 havon't vialted this area and 3 think I nood to, I'd liko to go out and I'd like to drive Morninq Hill and I'd liko to driwo Aut►bury, I'd liko to drivo Wilton, 3 'd like tc► go up 13ath, I 'd liko :o Soo just esvontially how this aro4* works. Tf you nuc? ►na out tt►car•ia, plaAmca / don't talk to mu, 3. can't talk to 4*nyc,)r►o while 31m out thor•ca. Tho hvarinj is i c:iosod, I'm riot goint3 to list:on to ianyunu calsca oithor in favor or in opposition of Lhc► application. (jut you're► likoly tc.) sot.) ma wandorJn,3 Around and, you know, watching coos and that sort of thing, Tho other thing I w"nt to do is I wcxnt to pull thea proliminory plMt e►pprcevvcl of Cholford and rowel for mysolf whet the condition of approval is yn thoL subdivision ws it rela►tds to the Murreey Doulovord oxi.onsiun (tor)) facdos) dovolopfliont., fit t.hig point, YOU have two options, You're ontitlod to come to a►nothor' hoa►rir►I, which r k.now you'd lava to dei, and listen to me give you an carol dvcisir,n, or 3 c►;in not a data tonight at which tima I will haves ea writton duciolon Into tho City. Somo people like to coma and 11%ton to art oral docision. 1hoy fiscal that that's part of this public hearing process. Lot me say to you, (t*po fAdes) your na►mo, sir, sn that 3.'m calling you the right namo (tape fodcos), Mr, Hadd7 Yes. I was not: privy to the City Council process at which Lima the LID fur, 135th was astablished. I don't feel influenced in the slightest by whatever decisions they made except as the Council, guides mg in setting the policy for this City. My job is to implement the policy; the City Council sets the TRANSCRIPT — KRUEGER S87-03 — Page 62 policy. Nor am 1 particularly influenced by past associations with Mr. Monahan. He and I don't practice together, quite frankly, this is the first time I've seen him in six months or so, five or six months. I don't think we've ever exchanged phone calls. You know, just as I consider, hopefully thoughtfully, the remarks that you make, I consider the remarks that he makes on behalf of his client, but I don't feel bound by either one of you because of your position in the community or a former position that you might have held. No one has approached me outside of this hearing. There have been no back room antic*, no surreptitious phone calls from City Council members asking that I not review what they did i;1 the 135th t.lp process or the decision they made about the village at. Summvr•lake. Similarly, I'm not particularly awed or intimidated by threats of an appeal to City Council. Than'* how our process work* and my job is to make thea best decision on the facts in front of mea and if people wish to appeal, then that's their job. So that doesn't: perturb me either, So I'm going to bo makin,3 my decision in this c:ale based on what's before mcg, r,oviow of the Chalfor•d subdivision, arid when I'. go out to the sito to look at thQ property. Okay is the*ro anyono that wants to hoar a decision orally? You do's All eight. Do we haus ��nuthor sehe►dulc+d hoaring? (tapo fa►dou) I. wa►a hoping You wouldn't, I'm goint3 to bo hard pr•eutod to (ta►po fades) 7:007 (tapo fa►dos) Arid thea next one after that? (somovino tolkintj in this background — cannot hoar, or identify) OLTH MAWN: I: cannot got out to this property by next Wodnovday. I'm lc►a,vinq tomorrow night.. for Dot.roit and 1 won't bo back until luouday, T'ha►i: dopon't gives mo time to got sumo other, work done. So I' ll continue this ma►ttear for do proal dccition and a written decision, I'll havo my writta'n docisiun that, night aao well, on Juno 22nd. Phis mattiar will bo scat for 7.00. It will ba the first item on this agenda. I:t will be wary quick. I 'll announce my decision and copies of my written decision will be available at that timca. The appo4*1 time on my dociuion is short, it's about ton drays, so from the time you gat, from that day, which Is when my written decision will go into the City, if either of you with to 8ppoa►1 you will have ten drays. ©kay7 Thank you for coming out; in this blustery woathor. TRANSCRIPT — KRUEGER S87-03 — Page 63 TRANSCRIPT - July 6, 1988 \R BETH MASON, Okay, I'll call the meeting to order. This is July 6, 1988, it's 7;00 PM, we're in the Town Hall Room for the City of Tigard. This is the time and place set for the regular agenda for the Hearings Officer. My name is Beth Mason, I'm the Hearings Officer for the City. We have three items on our agenda tonight, Two of them are announcements of decisions and one of them is a contested item, The first item on our agenda tonight is the announcement of my decision in the matter of the application for a time extension and phasing plan for a subdivision, The applicant was Krueger Development Company, it's Case NS87­03, 1. soo sumo now faces in the audioncti that are interested in this, T understand that you've hrkd a neighborhood meeting Ond I'm pleased to Seep the rwighborhood n.jot.ting togothear to discuss this iasura, t.tat; me say, though, ao that you understand the procoduru, that; we h,Ad a► mootintt on May 244 1988, 4 public: hoaring, and i4 wtas continuod for furthor henaring on May 31, 1988, so wo'vo had two public hoirings on this matter, I h.-Ad oritjin:ally indicotod that X would armour►co an or,4 dociuion on Juno 29 «,►nd failod to do so to tho inconvonionce of sumo of you. A,Iain, I opologioro, arid I continued the m.at:tor to this ovoninct to July 6th to i►nnoune;u my oral docision, l do nut; heaves extra copios of this docis:ion Loniijht„ If you w;ar►t: ac copy of This dociaion, to<)vthor' with t.F►o 4,,Appool prone+ciurca, you mood to contact Koith l.idon a►s soon is I.'vo iinnouncod tho docislon. Ho' l.l t4tko your r►,ameia and oddraros and nail you a copy of t.-he3 decision or you (.etn pick it up at tho City HAII tomorrow with tho oppoa►) FWL)Codurea, I will be taikinq no mora uvidonco tonight. 1ho record Is clospci, Tonight iK tho time gust to ho,or thea doeisic.►n that I !►mvo mado, I'm going to nummaar,tte my docision rathor, than rera►d It since it's four, page long, but 1 will in dotoail ;go through the thinijs that I. know are of most concorn Land that is tho traffic in this a►roo, I found that greedier Dovolopmant Company, tho applicant has roprostantod res part of anothor, deavolopmont, that they will build an extensiun of Murray fluid from Wilton Stroat to 136th Avonuo, I found that an occoss unto Scholl n F"orry Road at this time is riot avioila►ble for- some years because of tho heck of ric3ht—of=•way ava»i lacble to aeccommodnte a left turn lane, but I find that the improvement of the Murray Road extension from Wilton Street to 136th Avenue Is a* critical outlet for Cntswaald IV, While the traffic from Cotrswald IV will then uxe TRANSCRIPT — KRUEGER 587-03 -- Page 64 135th Avenue until the balance of the extension is completed, that is the balance of the Murray Road extension out to Scholls Ferry, the Hearings _ Officers does not find that the applicant should participate in the 135th Avenue LID as the assessment formula has been set and construction planned for this season. On the other hand, the Hearings Officer is not prepared to place a moratorium on all development of this area until the Scholls Ferry accesses are available. However, the applicant's new phasing plan puts the majority of the proposed single family units into phase one, leaving only a small number to be developed as part of phase two. 'The Hearings Officer is aware that developing the Scholls Ferry access in conjunction with a small number of lots during phase two will be quite costly to the applicant on a per capita basis, but tho applicant is assuming that burden by roquesting the revised phasing plan at: this point in time, taking tho hulk of the development into phase one. The applicant cannot, however. dofor addr-ousing the traffic: problem complcately until phase two is developed, the Hoarin,3a Officer finds that; the boat u3o of the ;applicant'u rouourcos to address those accesw problcams in conjunction with prior, rvprvniontat.ions by the, applicant of its ±ntont to develop is portion of thea Murray Road oxtonaiun from Wilton atroo.t. Lo 135th is to roquire that portion of tho oxtonaion now to 50r•vc% phcaso ono of tho dovelopmont. Tho a►pplicAnt has avuldud one ,-Ausolumont, tho 135th Avenuo LID, by ita gwnora►1 promise to dovOlc,p this portion of tho oxtonaion, sand will by this +-Approval bo dofr rring anuthvr, ai�3nific,ant assesswent for, tho Scholls Farry accosvi. It is now t11110 for tho applicant to por•fot,m or► itu promiuou a►nd a►ddrous the ac;coaa prublom cro,atod by ita desire to davolop a large porti.un of Cotswold 1V beforo tho Scholls fer•r,y a►ct,ons tan bo dovolopud. lhuroforo, 7 appy,ovo the Limo oxtonvion ,And tho rovitod phasing. 1. r�oquiro construction traffic to acco%v Untc.► >cholls ferry Road directly duririg the corlutruc;tJorl of the improvomerits ,as wall as the ro3i.doritial units to tho m,axin►cau► Oxtor►t allowod by thea Orogon State! Highwray (Mvision. Wo haevo information from than► in tho file that thcay will. c:ongont: to a► construction access . I require the right—of--wny bo dedicated can this property along tho schnlla Ferry Road, 1. roqui,ra the applicant to construct or guor-antoo tho construction in a form accopt.iable to the City Attorney not loss than a two--thirds street improvement to the oxtenvion of Murray Road from Wilton Straut• to 13rA.h Avcnuo, devalopirN3 only the 135th Avenue connection on the north fork, If you recall the map, there were two entrances onto 135th; one headed north and one haadod south. TRANSCRIPT — KRUEGER S87-03 — Page 65 A 1 E _ I'm only requiring one connection onto 135th at this time, to a street standard approved by the City Engineer and in accordance with the approved preliminary plat of the proposed Chalford subdivision. The right—of--way " requirement of the original condition for dedicai:ion along Scholls ferry is amended to 45 feet so it's consistent with the State Highway request and the extension of sanitary sewers is subject to a coordination between the cities of Beaverton and Tigard. So that is my decision. As I said, anyone who wishes a copy of the decision and the appeal procedure, it's available at City Hall, tomorrow. (taps fades) Thank you for coming out. (tape fades) I think it's ten days, isn't: it? KEITH t.]:tiE;.N; 14n days after it's sent out tOn'Orr,ow, cn/59939 TRANSCRIPT -- KRUEGER S87-43 — Page 66 i i We caved into our home in Cotswal�adIII attendedNovember regardingssuPermakets�ard about the hearings the neighbors shopping centers, 7-11 's, L1Ds4 and apartments. Had 1 been a Property owner then I would have gladly .Joined them hat in their efforts because it the is that kind of interest and involvement ' I was unders the atheomistaken better neighborhoods, At the time of purchase impression that this was what the city of Tigard fostered. Although 1 will only be addressing appeal related matters, we have run across many interesting Points involving Mr , Krueger 's property that are ction 04 unrelated to theappeal beforcase has e Yo it ,tonight O we had full nly a adisclosurehI 'm information an th sure things would get quite interesting, not ueger The issues nc uded inithea135thmber LID,sand03ifare he shouldrbewallowed. torswiitch Should be include the phasing of 1 and 11 in Cotswald IV, and build approximately 5f ones without Scholis Ferry Access. After examination of the documentsti.Atdthe what heaiscREALLY ripi rtrying tom the o 25th and June Is% hearings+ it appears accomplish is 1.0 get out of the 135th 1.10+ sell at1 the land for apart Oil Of the cent ductionand resdidentialseal htrafficathroughlght to AshburyrandeMorning Hill construct thereby avoiding the expense of the Scholls Ferry Access- On cr i pi pt per. andbefow�i th i n aeyearg I w i I icbea starrt i ng4ano the Mr . first Krueger states "• " pieta + it 's callQd�Chalford Yet an May 1st he had listed both the property known hi as Chelford+ and ng it hard Cotswold IVs for sale. Through his realtor he Nispreealtor 's spiel apartment land and has Priced it accordingly. includes describing the area as "turning into a high-rent apartment district . " it aansMe to thnk how we ree Our smalllneighborhood uis alreadyld be surounded barrdar€�d con ho §@ lY side% by apartmants on two sides by 4q8 apartment units and our resale values now reflect t at . Mr . Krum+ - 's realtor MrCaMonahan,prospective pcpurchasers whilenatimg that he was aapostrae to contar,t his attornoyp x. A) tt That remark imPl s planning official for the city of Tlby h (En Mon®hon to represent that Mr . Krueger has the upper hand by hiring Mr . pt _ him before the city of Tigard+ and Mr . associationewithanscrCityfCouncil Monts about his, and Mr . Krueger s p Imply this also. ct This is despite Mr. Krugond)% ( faJune ist)hassurascthatoheswasagoinghis dtoeda►ve- answersi at the Y lap Cl,alford and ted anttheiCha�lfordas single propertymiandrwhedrenMorningnHilldespite was: the signs pos stubbed goiHeninto tia! lots-Cotswold WeiVj hath of veapicturesiof the wsigns:hhe posted and farmly reside A 1 sa, the! p 1 at map on which also indicated the Schalls Ferry Access. soldt file with the city at the timehcleartYtshawsAffordableof the5chollsmes r Ferry Access. shouts homes, not apartments, and 8/22/88 Even though Mr. Krueger sold the Cotswald property to Jim McGehee, who developed and sponsored the 1987 Street of Affordable Homes, they were both well aware of the marketing ploy they used in the signs boasting the higher quality homes that would supposedly be built in Cotswald IV. His financial circumstances may well have changed; but remembers there were over 500000 people who toured this home show and witnessed the pla- cards, banners, and posters. This whole issue reflects very poorly on the City of Tigard. Nobody in their right mind would pay what we did for our homes without these reassurances posted, on file with the city; and of course; the information we had from ALL of our builders was that the land in Cotswald IV would be homes of equal value and higher than those already on Wilton. We really feel we are being taken advantage of by your exclusion Of Mr . 'Krueger in the 135th LID and turning your heads when he proceeds to sell the property and apartment$ are built ; or allowing him to switch the phasing and build homes without a Scholls Ferry Access, And don't tell us to get an attorney and sue him because we are fully t aware that we can do that, On tranr,rr 1 t0tap„-a age ZZ Mr . Monahan states ". and se l I the lots for home development on the southerly and while further working to secure the Scholl $ Ferry extension to the north. " party was not being sold for home development Mr . Manahan knew the Pro when he said thiss and that it was being marketed for apartments throush Portland Investments . I don't appreciate being lied to In a formals public hearing. I ' ` a I , , ` /` , As far as the acholis Ferry Accessss Mr . Krueger has no intentlon Of going to the expense hims® Ifs and he is trying to establish that fact by blaming the 5tata Highway Division for his supposed inability. While his engine@r # Mr . Bancroft # Is busily working to convince the hearings officer And the Cotswald neighborhood that they cannot accomplish the Scholls Farry Access# Mr . 80ncroft writes a letter (Ex . B) dated June 16t to Mr . Krueger 's realtor stating 01f the Intersection is carefully located near the mid point of the Hawk 's frontages all of the required additional rlght-of-way can be provided by the Hawk 's and Krueger pro— perties." So the Scholl * Ferry Access is possible without obtaining land from the 3 opposed# adjoining landowners but they seemingly don't want you or us to know that fact. The attachment to Ex. B gives a detailed cost estimate of $114#704 for building the Scholia Ferry Access. Mr . Krueger 's intent in filing the application was not to get the building phases switched to allow him to start building Homes in Cot sWAld but rather to plead that he could not get permission from the state for the Scholls Ferry Access and establish that he would not be doing that project ropertytandhreleaseohim from,Havdingito dealswith-the- si5 tuationInlthe our Ic P neighborhood. (2) On transcript pace 28, Mr . Krueger states "I 'm under a very extreme hardship in this case. I 've had a year delay and all 1 seek is to get back to works" and that he needs to "create this capital base so I can get going next year, 1139, on my plan on Murray and Chalford subdivision. " At this point Mr. Krueger had both the property at Cotswald IV and Chalford for sale, for $8604000 and $3.9 million, respectively, so, while he may not be living in the manner to which he is accustomed, he is neither destitute nor intending to build anything on either property, His real problems stem more from the fact that his options are nearing expiration on the purchase of the property from his ex-wife and he stands to lose a great deal if these options are not exercised. In his Property prospectus he indicates he is only going to pay li of the Murray extension. I would be a little concerned if I were the city, This is contrary to Mr. Monahan's assertion on piage__�.af the transcript that Mr. Krueger is committed to doing this project at his own expense. I don't particularly want the Murray extension to go through because that major collector street will only add to the din of traffic from Scholl * Ferry$ and the 6s00 A.M. to 10+00 P.M. roar of the Progress Rock Ouarry and soon-to-be Asphalt Plant. But you should be curious about how he plans j to avoid doing the Murray extension, ;EE You don't have to be an accountant to see what Mr . Krueger , his attarneyr 1 and his engineer , are up to, They, are collectively working to relieve Mr . Krueger oft 4 1 ) participation in the 135th 1.I0, a savings of roughly 1650,0001 2) paying 4 the cost of bui Iding the Murray extension (while giro recovering that if in the pricing of the Chalford property) + for a savings of 6214x200 or 16425,400, however you want to look at it, 3) getting out of 0-.1 ScholIs Ferry Access altogether at a savings of 1115400; and f i na l l y 4) after getting out of his community commitments to the resldents he lured In with the Street of Affordable Homes show# and his commitments to the city of Yigards and by dumping his land for apartmentsp he will have saved himself $379,200ti and will reap the $860#000 and 3.9 million from the property *alas► minus the sum due his ex-wife for buying up the options. Anyway you look at It he comes out nicely. The existing property owners should be protected under a certain amount of intent. We bought the neighborhood, not just the house, and fool there was purposeful misrepresentation. On transcript pane 30) In direct questioning by Russel Head at the May 25th hearing as to Mr . Monahan's prior involvement with the city# Mr. Monahan and Ms. Masons both attorneys; indicated there was no conflict t of interest.. Since only a short period had elapsed since Mr . Monahan's f city employment, why didn't he disclose this an his own? Ms. Mason at least should be well aware of the appearance of impropriety this creates due to her own involvement in an action of that nature before the Bar when she went from the Forest Grove Planning CO"issIan to pri - vate practice. (3) ' i t Let's talk about Mr . Monahan's past associations. As you are well aware, William Monahan worked for the City of Tigard as the Director of Community Development from 8/2/82 to 1/29/88. In that salaried position he was administratively responsible for Planning, ' Engineering, Building, and Public Works, as one of Tigard's four executive staff members. i One day after resigning from his city position, Mr . Monahan was appointed to the City Center Plan Task Force and on 6/27/88 was appointed to the ` Economic Development Committee where he serves as Chairman. Both are committees under the Community Development Director , and Keith Liden, the City of Tigard Senior Staff Planner , and Randy Wooley, the City Engineer , all of whom make recommendations to the Hearings Officer and City Council . Within months (Ex. C) he was acting as the attorney for Mr. Krueger on this matter he had officially dealt with as Community Development Director . This appears quite cozy to me, As Community Development Director , Mr . Monahan signed the 4/23/87 ` Planning Dept , Staff Report (Ex. D) presented to the Tigard Hearings Officer on the original application, in which Mr . Monahan addresses Comprehensive Plan Policy 8. 1 . 1 "calling for a safe and efficient street i system that meets current and projected needs, The plat appropriately allows for the connection of local streets and an alternate access to Scholls Ferry Road." i The OSB will decide this matter but it should be noted that ► at the hast ► we feel there is an impropriety. I might also point out the 8/27/87 letter (Ex. E) from Mr . Bancroft to Mr . Krueger where Mr . Bancroft ► from an engineering standpoint , notes Ic the necessity of the Scholls Ferry Access by writing "I can support the Y Idea that the intersection is needed as a secondary emergency route for several hundred planned residences ►" and further advises Mr , Krueger "You might seek a letter from Keith Liden or Mr . Monahan stating that the city finds It desirable for there to be a public street access to enforce the public interest aspect. " 6 No wonder Mr . Krueger Is appealing 1!13. He has the property for sale to build apartments on► and doesn't intend to go through with paying for the Murray extension► or hasnling the drainage problems in Cotswold IV. So► in closing► I want to any that while Mr . Krueger has tried to direct our attention to addre%oing things Ilk@ necessary signage on local streets► knuckle curves► and the Increased traffic problems► we feel he Is sliding right out of his commitments to our established neighborhood. You cannot become familiar with this case on the record of transcript. The recording system at the hearings officer meetings is pathetic and the transcript reflects that . The Cotswold appellants request a refund of the S1SO.00 transcript fee. No matter what counter—rebuttal they give, the documents bear out their true intentions under close scrutiny. I ask that you give those docu— ments the attention they demand, look beyond their spoken word, and see this case in its true light. /The residents of Cotswold I , II ► and III feral Mr . Krueger should have to build single family residences, of the quality on Wilton or better , as was promised to the builders and thereby the homeowners, he should have to participate fully in the 13Sth LID, and furnish the Scholls Ferry Access for any homes built in Cotswold IV. (4) a EXHIBIT A !s CommArcial/Industrial Sales 1 Cornmercial li6l4p&tate Corporation I enclose for you this presentation package relating to the multi-unit acreage that I have listed in Tigard. If you have an interest in this property, I would be pleased to show the property to you. The owner has allcwo4 that I ney contact his engineer and attorney (who was a past planning official for Tigard) in the event that a purchw%ser needs further answers to due diligence questions. The City of Tigard planning Dept. has suggested that from the point of receiving plans= it should take about sixty days to obtain permits. The owner understands that a purchaser will probably want about thirty days for due diligence research. we have much infomation available, and actually they questions should be resolved promptly. It is possible to purchase. a portion of the approximate 51 acres. Also, it is possible to purchase the entire property with a release program for payment of the total acreage. In addition to the 51+ acres, I have l i st,ed the 13.77 acre parcel. 7bo owner lntands to finalize his acquisition of a two acre parcel adjacent. 7ben, the 15.77 acre's can be offered at $660,000. Please note the letter from the engineer relating to New Scholls Ferry road improvement for the developer of the 15.77 acres. The seller is prodding with his development of a golf driving range across from the proposed entrance to the 15.77 ac developrrwnt. As well, there will be r.v. and boat storage facilities developed, per his plan at this time. I look forward to being of further assistance. 511 cerely, Enclosure. 4040 Douglas Way Lake Oswego,Oregon 97035 $03/636-1177 t R.RBANCROF d EXHIBIT B &AMCCLAM CIVIL ENGINEERS, LAND SURVEYORS&PLANNERS f W N.F.THIRD AVENUE HRLWORO.OREGON 97124 5W/"a-4101 June 1, 1988 { a Kathy Byhre Portland Investments 4040 Douglas Way Lake Oswego, Oregon 97035 0 RE: T.L. 200, K%P 1S1-33CD (Krueger) T.L. 1301, MAP 1SI-33C (Hawks) Dear Kathy: I've reviewed the affect of including the Hawk's frontage to the Scholls Perry Rand improvement and of relocating the proposed access. The original intersection location required additional right-of-way from 5 off-site property owners, 3 of whom opposed the project. The State Highway Division requires a dedication of right-of-way 45 feet from center- line (presently 25 Meet). A curb is to be located 25 feet from centariire with a sidewalk along the entire property frontage. { Because of the intersection a loft turn lane is required for which a total pavement width of 50 feat is specified. Tito width includes two 12 foot wide travel lanes, a 12 foot wide turn lanoo a 2 foot wide raedian, and two 6 foot wide bike paths. Addi- tionally than turn lane must include 100 fact of vehicular storage area, and the transition from the existing pavement width to tho proposed width must be at a rate of 45 feet of road length for each fact of widening. The above specifications require a total project length of 954 feet whereas the frontage of the Haw'k's - Krueger property is only 883 feet. If the intersection is carefully located near the mid point of the Hawk's frontage, all of the required additional right-of-way can be provided by the Hawk's and Krueger properties. A detailed cost estimate of this proposal is attached. Very truly yours, R. E. BANCROFT & ASSOCIATES, INC. Richard E. Bancroft, .E., P.L.S. Principal REB/jb copy. to: Russ Krueger_-._ •�--- R.E.BANCROFT & XDCWTES i N C O N P Q R A T E O CIVIL ENGINEERS. May 31. 1988 LAND SURVEYORS 6 PLANNERS 140 N.E.TH RD AVENUE HILLSBORO.OREGON 97124 5MI608-4101 S.W. SCHOLLS FERRY RD. HAWK'S & KRAEGER FRONTAGE FOR POSSIBLE APARTMEIN'T PROJECT 1. Clearing & Grubbing Lump Sum a $ 5,500 2. Traffic Control Lump Sum 3,300 3. Excavation 1400 c.y. x $ 3.68 5,152 4. Embankment 360 c.y. x $ 3.03 a 1,091 5. Base Rock 720 c.y. x $ 12.22 8,798 6. Topping Rock 115 c.y. x $ 17.43 2,004 7. 4" Asphalt 2060 s.y. x $ 7.00 14,420 S. Standard Curb 883 feet x $ 3.58 g 3,161 9. 15" CCP 795 feat x $ 18.62 14,803 10. 42" CCP 170 feet x $ 65.40 11,118 11. Catchbasins 3 each x $ 411.76 A 1,235 12. Manhole 2 each x $1403.21 2,806 13. Stem Road Crossing Lump Sum n 6,003 14. Street Light* 5 each x $ 649.25 a 3,246 15. Power Trenching Lump Sum B 2,000 16. Sidewalks 491 s.y. x $ 13.00 a 6,383 17. Pavement Markings Lump Sum r 3,000 SUBTOTAL $ 94,020 ,n ENC. 6 FEES 22% 20,684 �►tdo# �� TOTAL $114,704 anaox v 9t 12. F BANC�O EXHIBIT C WILLIAM A. MONAHAN AT'MKNICY AT I.AW l�=(M N.W.MAIN MTRK T ORICnarli 9_993 &%4:U lUf1-Y400 May 6, 1988 Keith Liden, Senior Planner Department of Community Development City of Tigard 13125 S.W. Nall Blvd. Tigard, Oregon 97223 RN: Request of Krueger Development Company for a Modification to ars Approved Subdivision, S 87-03 j t Dear Keith: E I Russell. Krueger has designated me as his agent to assist in the processir+g of an application to revise S 87-03. Mr. Krueger has formally submitted an application form along with the appropriate fee at an earlier date. In response to your request for further explanation of the proposal, I have prepared the following description of Mr. Krueger's intent. The: 1987 Approval � Tigard's bearings Officer, Beth Mason, approved S 87-03 along with SL 87-01 in April of 1987. The propos4l calls for the development of a 72 lot subdivision known as Cotswald Meadows No. 4. Two conditions of the approval require review at this time, conditions 4 and 13. In addition, the phasing plan which was submitted along with they application requires modification dues to they inability of the applicant to comply with condition 4. Condition 4 Condition 4 requires that Krueger Development Company obtain a permit from the State of Oregon highway Division to perform work within the right- of-way of S.W. Scholls Ferry Road. Condition 5 further requires dedication of land to increase the right-of-way on Scholia to 30 feet from cQn erline. The purpose of this condition is to improve an access from the subdivision to Scholls. The staff has detormined that the intent of the appruvAl 3s that an access to Scholls be provided as part of phase 1 of the subdivision. Mr. Krueger has conferred on numerous occasions with Lee Gunderson of the State concerning this matter. At this time, the State will not grant a permanent access to the subdivision without substantial improvemetlt to the right-of-way north and south of the proposed access point. Because of the inability of the applicant to gain . a permit, we are requesting that tbE: condition be 1 modified so that constructini, of the subdivision can take place- with the a,.-cess created when a permit can be obtained. As construction of the Davies Road extension occurs, other development should be occurring in the area. ThH development of adjacent properties should make acquisition of the necessary right-of-way possible. Some concern has been expressed by the staff that traffic to and from the subdivision will all 1�rvc to be routed through Ashbury bane and Morni nil N; ll Drive rather than onto Scholls. We recognize that at least the future residents of Cotswald No. 4 will use these streets, however, Mr. Krueger has taken steps UP seduce the impact during the development of the subdivision. He has secured a cc rnmitment from Mr. Gunderson for H i t-ruporary access to Scholls Ferry Road for construction vehicles. As a result, through the construction seasons of 1988 and 1959, the impact on the residential streets should be minimal . If all goes well, the homes will be sold while efforts go forward to complete the permanent ac(*•A-sp to Scholls and improvements take place to 135th and the Murray Extension. Once the Murray Blvd. Ext. is completed at least to 335th, residents of the new Cotswald 4 will have an alternate route of r. Wilton Stroot: to Murray Blvd. Condition 13 Condition 13 provides that the approval is vaTid if exercised within one year of the final approval data. A proposal was submitted to the staff in March requesting a six month extension of the approval because of they prob]Qmu related to gaining permission roe the Scholls Ferry access. Action on this request has been delayed until now to allow for a more complete look at the situation. We are now seeking a six month extension Into November. Phasing of the Subdivision The approval granted in 1984 prov2ea—±or p ►—acing of the subdivssirn. At the time, the lots to the north were scheduled to be developed as phase 1. Because of the access issue raised above, It is more logical to develop the southern portion first. Therefore, we are seeking a revised phasing plan at this time t.<> Hllow for the development of the lots below Clanfield Street. It is proposed that the remainder of the subdivision become phase 2, including the Scholls Ferry access. Enclosed with this narrative is a packet of information prepared by R.E. Bancroft related to the efforts . by Krut-yi-r Development Company to secure a permanent access to Scholls Ferry i 2 F Road. Rithrr Nr. Bancroft or I would be haply to iu►swer any questions that you have between l+ow and the Hearings Officer ses iuj► on May 25, 1988. Sincerely, 1401 William A. Monahal► a 3 EXHIBIT D STAFF REPORT AGENDA ITEM 2.1 THURSDAY, APRIL 23, 1987 - 7:00 P.M. TIGARD HEARINGS OFFICER TIGARD CITY HALL - TOWN HAM. 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1. General Information CASE; Subdivision S 87-03, Sensitive Lands SL 87-01 (Cotswald #4) REQUEST: To divide 13,9 acres into 72 lots ranging between 5,200 and 36,463 square feet in size, COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential ZONING DESIGNATION: R-25 (Residential, 25 units/acre) APPLICANT: Krueger Development Co. OWNER: Margery Krueger 1335 SW 66th, Unit 402 Rt. 1 Box 792 Portland, OR 97223 DoavQrton, OR 97007 LOCATION: Southoaat of Scholls Ferry Road and immediately west of • Cotswald Meadows subdivision (WCTM ISI 33CD, tax lot 700 and 2S1 4B, tax lot 101). 2. Background Information_ This is the fourth phases of the Cotswald Meadows subdivision. Phases 1, 2, and 3 aro immediately east of the subject property and are presently being developed, 3. Vicinity Information The propbrty is totally surrounded by property that is zoned R-25 (Residential 25 units/acre), Single family residential dovolopment is oast in the first three phases of Cotswald subdivision. The proposed Murray Blvd. extension and a five acro area zoned C-N (Commercial Neighborhood) are located to the south. Several parcels occupied by single family residences lie between the subject property and Scholl* Ferry Road. 4. Site Information and Proposal Description The property is presently undeveloped. The eastern portion of the property is wooded and a drainageway bisects the parcel on its downhill route toward Scholls Ferry Road. s. STAFF REPORT - S 87-03/SL 87-01 KRUEGER DEV. (COTSWALD NO. 4) - PAGE 1 The applicant proposes to create a 72 lot subdivision with the majority of the parcels ranging between 5.200 and 6,000 square feet in size. The 36,463 square foot lot adjacent to the Scholls Ferry Road/Clanfield Street intersection is intended for a day care center which will require a separate Conditional Use review and approval. The development is proposed in two phases with Phase I containing Lots 159. 168-217 and Phase II consisting of Lots 155-158. 160-167, and 21.8-226. One street access is proposed onto Scholls Ferry Road, Ashbury Lane and Morning Hill Drive will continue west from Cotswald No. 3 and two streets are proposed to continue into the residentially zoned properties to the west at some future date, 5, Agency and NPO Comments The Engineering Division presented the following summary of findings and recommendations relative to public streets, storm drainage, and sanitary sewer, a. STREETS The applicant proposes to serve the subdivision from SW Scholls Ferry Road and Cotswald Meadows No. 3 through a series of local street connections. The applicant has also illustrated how the connection to SW Scholls Ferry Road does not preclude the potential extension of SW Davies Road. We would recommend that sufficient right-of-way be dedicated now, with this plat, along SW Clanfield to provide for the potential SW Davies Rood Extension. k It is also noted that the applicant must obtain a permit from the State Highway Division for improvements to SW Scholls Ferry Road. The applicant has shown two street extensions to the west, namely SW Morning Hill Drive and SW Corston Street. He should demonstrate that these extensions do not negatively impact existing improvements and provide for future logical development of adjacent properties. b. STORM DRAINAGE The applicant is proposing to fill and pipe a significant drainagaway that runs north-south through the subject property. He has also submitted a preliminary engineering analysis demonstrating that provision has been made for future upstroam development. However, two additional items should be addressed.- (1) the downstream effect on tax lot 800, map 1S1 33C and (2) 0a effect on lots and streets within the proposal under loo-yoar storm frequency conditions. It also appears that the applicant has appropriately extended the proposed storm drainage system to adjacent properties where necessary. t STAFF REPORT - S 87-03/SL 87-01 KRUEGER DEV. (COTSWALD NO. PAGE 2 C. SANITARY SEWER The applicant is proposing to serve the development from the Weir trunk line near Summer Creek. Here again, it appears that appropriate extensions are being made where necessary to serve adjacent properties. The State Highway Division notes that a left turn lane with appropriate storage width and tapars will be necessary along with a 50 foot right-of-way dedication from centerline, The Washington County Department of Land Use and Transportation states that if the jurisdiction of Scholls Ferry Road is transferred to the County, a 45 foot rights-of--way from centerline along with a sidewalk improvement would be required, Washington County Fire District No. 1 states that all residences must ba within $00 feet of a fire hydrant, Beaverton School District indicates that Beaverton High and McKay Elementary are over capacity bit the District is in the process of rectifying the situation. Tigard Water District has no objection to the request. The Building Inspection Division notes that any fill placed on lots will require a soils engineer report prior to issuance of building permits. No other comments have been received. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 3.4.2, 6.6,1, 7.1,2, 7.2.1, 7.3.1, 7.4,4, 8.1. 1, and 8.1.3 and Community Development Code Chapters 18.50, 18.44, 18.160, and 18.164. Since the Comprehansive Plan has bean acknowledged, the Statewide Planning Goals and Guidelines no longer need to be addressed. The Planning staff concludes that the proposal with modifications is consistent with the relevant portions of the Comprehensive Plan based upon the findings noted below: A. Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicants proposal. b. Policy 3.4.2 calls for the protection of vegetation and natural drainage courses. The drainageway only carries water seasonally and no special protection is prescribed in the Bull Mountain C wounity Plan, but the trees on the site should be protected to the maximum extent possible. The trees on the site may only be cleared after receiving staff approval. STAFF REPORT - S 87-+03/SL 87-01 KRUEGER DEV. (COTSWALD MO. 43 - PAGE 3 C. Policy 6.6.1 required buffering between different land uses. When residential development occurs adjacent to C-N property, a 10 foot wide landscaped buffer with screening is required, Lots 220-223 will have a sufficient setback through the 15 foot building setback requirement for rear yards. d, Policy 7.2.1 will be satisfied when additional engineering work is completed for accommodating storm drainage above and within the development, The Washington County Bull Mountain Community Plan which applied to the property prior to annexation, identified a drainage swale running south to Summer Creek which lies within this phase of the subdivision. It is regarded as a natural feature that must be considered, through a Sensitive Lands review, during the development of the property but it is not classified as a significant wetland or wildlife habitat area requiring special protection. e, Policy 7,1,2, 7.3.1, and 7.4.4 are satisfied because adequate water, sewer, and storm drainage facilities are available to the development, Tho olpplicant also indicates that these facilities will be provided within the subdivision as required by City standards. f. Policy 8.1,1 calls for a safe and efficient street system that moats currant and projected needs. Tho.plat appropriately allows for the connection of local streets and an alternate access to Scholl% Ferry Road. The proposed westerly street extensions of Corston Street and Morning Hill Drive may need to be modified to provide an appropriate stroet location for the adjoining ?1t properties, g. Policy 8.1.3 will be satisfied when the conditions of approval relating to street improvements are completed. The Planning staff has determined that the proposal with modifications, is consistent with the relevant portions of the Community Devolopmant code based upon tho findings noted below: a, Chapter 18.50 of the Coda is satisfied because the proposal moots all the reaquirements of the R-25 zone. . b. Chapter 18.84 is satisfied because appropriate measures are being proposed to mitigate any storm drainage problems related to the filling and regrading of the property. C. Chapter 18,160 of the Coda is satisfied because the proposal meets the requirements sat forth for the submission and approval of a preliminary plat, d. Chapter 18.164 of the Code will be satisfied during the approval process for the final plat. STAFF REPORT -- S 87-03/SL 67-01 KRUEGER DEV. (COTSWALD NO. 41 - PAGE 4 i i C. RECOMMENDATION Based upon the findings and conclusions above, the Planning staff recommends approval of S 87-03/SL 87-01 subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR 10 RECORDING THE FINAL PLAT FOR PHASE I OR PHASE II. 2. That sufficient right--of-sway be dedicated now, with this plat, along SW Clanfield to provide for the potential minor realignment of Clanfield Street at the time of future SW Davies Road extension. 31 That the applicant demonstrate that the westerly extensions of SW Corston Street and SW Morning Hill Drive are logical with respect to existing adjacent property lines. 0. The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of SW Scholls Ferry Road, A copy of said permit shall be provided to the City Engineering Office prior to issuance of a Public Improvement Permit. 5. Additional right-of-way shall be dedicated to the Public along the SW Scholls Ferry Road frontage to increase the right-of-way to 30 feet from centerline. The description for said dedication ahall be tied to the existing right-of-way centerline as established by Washington County, 6. A one (11) foot reserve strip granted to the City of Tigard shall be provided at the terminus of SW Morning Hill Drive and SW Corston Street. 7. Street Centerline Monumontation A. In accordance with ORO 42.060 subsection (2), the centerlines of all street and roadway right-of-ways shall be monumented before the City shall accept a street improvement. B. All centerline monuments shall be placed in a monument box conforming to City standards, and the top of all monument boxes shall be set at design finish grade of said street or roadway. C. The following centorline monuments shall be set: (1) All centerline-centerline intersections. Intersections created with "collector" or other existing streets, shall be set when the centerline alignment of said "collector" or other street has been established by or for the City: STAFF REPORT - S 87-03/SL 87--01 KRUEGER DEV. (COTSWALD NO. 4) - PAGE 5 (2) Center of all cul-de-sacs; (3) Curve points. Point of intersection (P.I.) when their position falls inside the limits of the pavement otherwise beginning and ending points (B.C. and E.C.). (A) All sanitary and storm locations shall be placed in positions that do not interfere with centerline monumentation. 8, Sanitary and storm sewer details shall be provided as part of the Public Improvement plans. Calculations and topographic service area - basin map shall be provided as a supplement to the Public Improvement plans; to demonstrate evidence of area - basin full development serviceability. The location and capacity of existing and proposed (or future) lines shall be addressed. In addition, the applicant shall demonstrate (1) that the downstream effect on tax 800, map 1S1 33C is not significant or that public easements will be provided and (2) that the affect on lots and public streets within the proposal under a 100-year storm is not significant, 9. The applicant shall provide for roof and site drainage to the public stormwater system. 10. Public improvement plan review and approval; Upon completion of cursory plan reviewing of all public improvements seven (7) sets of plan-profile 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 $action for final approval. Construction of proposed public improvements shall not commanco until after the Engineering Section has issued approved public improvement plans. The section will require posting of a 100% performance assurance, the payment of a permit fee ,and a sign installation/stroat fee. Also, the execution of a street opening permit or improvement construction agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. 11. A tree cutting permit shall be obtained from the Planning Division prior to removal of pnj trees over 6 inches in diameter,: 12. If the SW Murray blvd. and/or SW 135th Avenue Local Improvement District (L.I.D.) is formed prior to recording the plat for Phase I or II, the applicant shall develop a method acceptable to the City, for dividing the L.I.D. assessment between the individual lots. STAFF REPORT - S 87-03/SL 87-01 KRUEGER DEV. (COTSWALD NO. 4) - PAGE 6 13. This approval is valid if exercised within one year of the final approval date. PREPARED BY: Keith Liden APPROVED BY: William A. Monahan Senior Planner Director of Community (KL;cn/3140P) Development 4� STAFF REPORT - S 87-03/SL 87-01 KRUEGER DEV. (COTSWALD NO. 4)r - PAGE 7 R.EBANCRCFT EXHIBIT E I M C O R � O • +► T E O Gtvn ENG04ERS LAND SURVIVORS&PtAW RS MO N E TwRC A Vf NUE WILMORO.ORK,ON 97u4 503+ossa+Ot August 27, 1987 Russ Krueger 1335 S.W. 66th Unit 402 Portland, Oregon 91225 RE; COTSWALD MEADOWS NO. 4 Dear Russ; The purpose of this letter is to recap the situation regarding the proposed inter- section with New Scholia Ferry Road which has stymied the development of COTSWALD SOWS NQ; 4. For several years there has been an later-governmental proposal to divert the major traffic to Old Scholls Ferry Road and convert Now Scholls Ferry Road to a local street. At your direction, in July 1986, I prepared an area wide street location plan illustrating the potential location of Hurray Boulevard, the Davies Road ex- tension, and a cul-de-sac terminous for New Scholls Ferry Road. This plan was circulated to the various jurisdictions and while no official approval vAa achieved the plan did .receive general acceptance. The subdivision site plan approved by the City of Tigard includes a public street access to Now Scholls Ferry Road. This access was not specifically required, but was mutually desirable as the only other accesses to the area would be 135th Avenue and the proposed Hurray Boulevard, approximately 1600 feet apart. The proposed intersection was designed to conform to the future plan while also meet- ing the alignment and sight distance requirements of ixisting conditions. During the City of Tigard subdivision approval process, a letter was received from Lee Gunderson, O.S.H.D., which acknowledged probable road realignments but required arterial standard right-of-way and a left tura lane to meet existing conditions. Considering that the proposed realignalents have no current official status, there was no means to object. We assumed that the loss of land to right-of-sway and the expense of a left turn lane were inevitable and all that was involved. The City approval was received April 231 and made final on May 19, 1987. 1 proceeded to prepare the final plat and construction plans for the project. Some time in June I approached Lee Gunderson for the Left Turn Lane Specifications. lie required two 12 foot vide travel lanes, a 12 foot vide turn lane, a 2 foot vide median, and two 6 foot vide bike paths for a total pavement width of 50 feet at the intersection. He also required a 100 foot long storage area and tapers per O.S.H.D. Standard Drawing ft. 2104-A. The total length of the required improvement is 954 feet whereas your property only has 264 feet of frontage. It quickly became obvious that additional right-of-way was needed from five other property owners, at least two of which are very unsympathetic to Urban Development. After meeticig separately with the property owners and Lee Gunderson, there appeared no way for you to satisfy the State requirements. Further work on the project eras indefinitely terminated. Your financial arrangements with Washington Federal Savings and the construction contract with Bones Construction Co. was suspended. I was re- quired to reduce my staff accordingly. As. the matter stands you have no ability to acquire the necessary right-of-way and Lee Gunderson is unwilling/unable to amend the requiremeni:s or provide assistance in the right-of-way acquisition. In regards to the right-of-way. Gunderson's position is that it is not proper to use public funds or resources for the benefit of a private property owner, whereas I suspect that there are probably many instances of mutual cooperation. Thera is the difference that this is to be a public street rather than a private access. Also, you are not proposing some unanticipated land use and since you have other access, the intersection does not especially eahance the value cf your property. t I discussed the matter with Land Use Attorney Jack Orchard, wbo felt that the State was obligated to assist. His point being that you are merely implementing the City Land Use Plan, which the State participated is preparing. You do not propose any deviation or change of use from the adopted City Plan. The proposing and locating of a local street intersection is not changing the plan, but merely fleshing it out. The argmgnt goes that since it is the goverment plan, the government is obligated to assist in the implementation. The government cannot approve a project and at the . same time impose unattainable requirements. I can support the idea that the intersection is needed as a secondary emergency route for several hundred planned residences, but I'm not experienced enough as a Traffic Engi.near to determine whether the left turn lane is warranted. Previously there was no time to argue the point, but i have difficulty justifying the construction of a left turn lane. The transition to Old Scholis Ferry Road as the principal arterial has essentially been committed, many existing Schoils Ferry Road intersections are functioning without a left turn lane, loss of the roadside trees will have a severe environmental impact and the cost of this temporary facility ($36,301) is very high compared to the scope (72 lots) of the project. It seem that there ought to be a better solution than constructing an improvement that is certain to be abandoned. For the project to proceed, the State`s attitude must change and it is up to you to make this happen. You might seek a letter from Keith Liden or Bill Monahan stating that the City finds It desirable for there to be a public street access to enforce the public interest aspect of this scatter. If nothing happens soon, I must recov=mnd that you consult an experienced Land Use Attorney such as Jack Orchard. It might be necessary to ask City permission to eliminate the proposed intersection. This would require an application to the City Hearings Officer and result in addi- tional expense. Very truly yours, R. E. BANCROFT 6 ASSOCIATES, INC. t Richard E. Bancroft, P.E., P.L.S. REBJ jb Principal copy to: Leo Gunderson Keith Liden